Heat. Heat. Mine's on. >> Would you like to come use this one there? >> I stay lit there. Okay. Got it. >> Come on, Curtis. Fix it. >> You're >> What's the one with the little three dots on it for? >> It's the eject button. >> The eject button. What does that do? >> Blue. It lights up blue. Do you know what it does? >> It gives you the agenda. >> It says executive session hearing. >> Oh, that's >> I'm not sure. >> It gives you the agenda. >> There are things on here I didn't even know were on here. >> Mad. >> Jimmy, you're still lit up down there. Thank you. >> Sorry toothpicks. >> What are you doing on that side? >> Because I know where we're headed. >> Okay, >> I guess I should go that side. Get my steps. >> I know. You just confused me. >> Yeah, but you have to look at Jared from this that side. >> If you sit over there, you have to look at him. So, >> enough of that. I will now open the regular city council meeting of the city of Lev for February 10th, 2026 and we will recess now into executive session in accordance with Texas government code 551.071 to consult with and seek the advice of our city's legal council. Uh 551.072 to discuss the purchase, exchange or value of real property and 551.073 to discuss a prospective gift or donation relating to agenda item 6.16. The council now is recessing at 12:02 uh p.m. >> All right. The city council is now reconvening in open session. We'll take up a work session for a presentation on a comprehensive safety action plan. And I'm going to call on It says city manager, but I guess you'll call on Mr. Bragg to give us that plan, right? Yes, sir. Mr. Mayor, council, welcome. Uh, ready to jump into the work session. David Bragg, our interim director of public works, is going to quickly take us through the comprehensive safety action plan. Council is a reminder that's on your consent agenda for a little bit later today. So, David, please. >> Good afternoon, Mayor and Council. Uh, I will quickly give you a highle overview of our comprehensive safety action plan. In 2022, the Department of Transportation started the Safe Streets for All program to improve roadway safety for all users. The Safe Streets for All program is a two-step grant process that starts uh with demonstration program or demonstration grants such as the safety action uh projects. The next step in the in the uh grant process is implementation grants. These grants are grants utilized to improve roadway safety by applying strategies that are identified in safety action plans. In February of 2023, the city was awarded $160,000 by the Federal Highway Administration, which required a $32,000 city participation. That $32,000 was accomplished from inind contribution from staff time throughout the project. In July of 2023, council awarded uh they passed a resolution which awarded the grant And the project started in 2024 partnered with our friends at Kimley Kimley Horn and Associates. In September of 25, just last fall, citizens traffic commission voted to approve the comprehensive safety action plan that was put together by Kimley Horn and our department in October of 2025. The LVC NPO's transportation policy committee approved their own safety action plan. Now, this plan incorporated elements of the city's safety action plan, the county safe safety action plan, and SPAG safety action plan. So, what it did is it incorporated all three plans and made one unified plan for the entire region that the NO encompasses. Why is an a safety action plan important to the city? So, first and foremost, it's a basic building block to improve roadway safety for the city. So, traffic engineering department will utilize this plan to uh look at areas that can be improved and ways to improve those. Another huge thing that's important to the city is it will uh help future funding opportunities for federal fundings. The NPO utilizes what's called decision lens to help rank projects that are submitted for funding. Uh one of these scoring criteria in the decision lens is based on whether or not an agency has a safety action plan in place. Um, due to the fact that Spag and Lev County already have a safety action plan put in place, our projects submitted will go head-to-head to other agencies that have safety action plans set in place. So, it's very important that we have this plan set in place so that we get full uh full points and and and we can go headtohead and and get full criteria or full points in that criteria. So, a lot of potential federal funding is related to having this plan in place. The components of a comprehensive safety action plan include leadership commitment which that is uh city council and mayor planning structure. So we had an oversight committee helped guide this project through the process. That committee was comprised of different departments and partners uh throughout the city. So we had uh police, fire, engineering, planning, uh some folks from the cycling committee, uh we had city bus, Texas Tech, NO members, all part of the uh of the committee that helped drive this uh safety analysis. Um the big the big part of the analysis was done by our consultants. Um that's the safety analysis component. Uh we did community engagement. We had two public events. We also had a survey on our website. That was up for several months. Um the committee looked at different policies and practices that we do throughout the city, not just traffic management, but uh several other departments throughout the city, ways that we can improve safety, not just roadway safety, but but as it looks at sidewalks and and just all means of all modes of transportation. Um other components of the safety action plan include strategies uh and project selection. So these are these are different counter measures. So in other words, if there are ways that we can enhance safety, how can we do how can we make how can we improve safety? What are those counter measures? And then the last thing set into place is we need to do a yearly review of this plan. make sure it's still relevant to our city as we move forward. I have a couple slides showing the data that was uh uh brought out within this uh plan. So, this one shows that love had the second lowest number of crashes involving fatalities or injuries among some of the peer cities looked at between the years 2019 2023. Oh. This one shows factors in collisions throughout our city. So, as you can see, failure to control speed is a major one. So, uh one way to help with this is to uh you know, help help look at what what what contributes to speeding, you know, try to try to help address those factors. And not only is it our highest factor, but it's our highest factor by a large margin. Another component of this uh project was the public engagement. Um it's always it's always interesting to see what we'll get. Uh distracted driving, red light running, and aggressive uh driving were some of the highest concerns by the public. 93% of the of those of those engaged in this uh supported pedestrian safety projects and 89% supported better bike facilities. Those that we asked to vote ranked lighting improvements, sidewalks, protected crosswalks, and so protected crosswalks or crosswalks that have beacons, pedestrian hybrid beacons or a beacon like like what you see at the Buddy Holly Hall, some sort of protection drawing attention to the crosswalk and bicycle facilities. This is the countermeasure toolbox. Um short-term projects are 1 to two years, medium-term projects are 2 to three, and long-term projects are 3 to 5 years. Um many of these counter measures are already be being utilized by the city. So the top one's retroreflective back plates. You're seeing those pop up around town. These are uh signals that have the yellow retroreflective tape around the traffic signal. Um, you'll see these Texon has put these in around downtown on Avenue Q and 19th Street. Some of the city signals actually have those two where we've made upgrades. Uh, protected crosswalks. You'll see that we've had those installed around town. There's one more going in soon on University around Baylor. Um, and then long-term category road diet. There's a picture of what a road diet is down there. We recently did one on North Avenue U between Marsha Sharp and Clovis Highway area. So what are the next steps? The next steps are to continue implementing the strategies that you saw on the previous slide, the countermeasure toolbox, yearly review of the safety action plan. So we again we want to look back at this plan, make sure it's still relevant to our city. Uh we want to continue uh chasing chasing grant opportunities and then keep the keep the public involved. See see what see what what they uh what their opinions are and see if we can keep driving uh towards that direction. What questions do you all have? >> Mr. Gene, >> thank you. I have just some kind of general comments about this. Um, focused more on how we as a council and staff implement it. Um, and first of all, I think it's worth noting that we did this survey because we got the money from other um, federal and state agencies and we have to do a program like this to be able to be eligible to receive other funds. So, I think it's useful as a way to check the box for other transportation related grant funding, but I have concerns about some of the specifics of the recommendations and how we implement these as goals in and of themselves. One one general trend that I saw across the report and and the specific recommendations that I looked at is dressing up data without providing meaningful insights. And and and so, let me give you an example of that. One of the recommendations talks about reducing pedestrian incidents through building more sidewalks, requiring new construction to include sidewalks, for example. You in my work, I end up reviewing a lot of pedestrian injury cases. And I I'll tell you that from my experience in the dozens of cases that I review every year is that pedestrian crossing injuries don't happen on sidewalks. They don't happen in marked crossways, but a large number of them involve pedestrians crossing at night under irregular crossings, um, or there's some other factor like intoxication, for example. So, we need to make sure that we're getting meaningful insights out of these data if we're going to implement them as policy recommendations. Um the other kind of trend that I noticed is that you know if you they call it in data science you put garbage in you're going to get garbage out and relying on DPS crash reports as the source of this data has some real limitations. So I look at hundreds of DPS crash reports every year and failure to control speed is a little bit of a generic we couldn't figure out what was going on but somebody didn't slow down enough in time. Okay. And so even where you have somebody who is has the rightway traveling the speed limit in um safe conditions, they could still get cited for failure to control speed simply because a collision occurred. That's not a meaningful data point for us to make public policy decisions based on or we're or spending decisions about traffic control devices. And so really what correlates with roadway safety is the volume of traffic, the speed of the traffic and crossings with traffic. We could eliminate all vehicle incidents tomorrow if we banned cars or we put in a 5 mph speed limit. Right? I think that speed is probably the single most significant factor that we can control in the city. and lowering speed limits would have the single largest impact on improving uh reduction in severity of injuries and frequency of injuries. So um you know we had to do this survey but I would just caution us that we look very closely at it before we implement any specific recommendations based off of this. >> Any other questions? Uh Mr. Bra, would you go back to the chart where you showed love is the number two lowest second lowest All right. Um, so this was KAB crashes. What is a Kab crash? >> Okay. So K is fatal, A is serious, and B is minor injury. >> Okay, that's so that's a total number of crashes regardless of the severity of the crash. Okay, >> that's correct. And so and this has all been normalized data. It's not it's not it's normalized per 100,000 population. >> Yes, it's Yeah, it's normalized. So 1,286 crashes of all level of severity per 100,000. So yes, we're low there. Yes, >> this >> Yeah. Oh, sorry. KA and B are um standardized crash report codes that excludes crashes that indicate no injury. Now, one of the res one of the reservations I have about using that data is that's primarily determined at the scene. And so A, B, and no injuries can very often um be either under or over reported depending on the officer's initial assessment there at the scene. Thank you. Um, but as a data point, you know, and knowing that this is not exact science, it is based on a report. That's a fairly low number. But if you look at our pedestrian cyclist crashes, we're still in a fairly normal phase there. Uh, we seem to be high though on fatal crashes. That's I mean when I look at this that that is you you do know if it was fatal or not you know and so that's the thing that really concerns me about this we may be low in the total number of crashes per 100 thousand but we are high in fact we are the highest in the number of fatal crashes. So, if I was going to say I took anything from this, that's where we got to put our efforts on whatever drives fatal crashes and I, you know, we wake up constantly here to motorcycle crashes with deaths, you know, and uh just things like that from speeding and and we we know what happens on our streets. So, that's just the thing I think that concerns all of us. There's a lot of things we could do. We could build sidewalks. we could build a lot of stuff, but the thing we have to do to make our citizens really truly safer is to find ways to drive down the fatal crash numbers in this city. So, I hope that we focus on the things that will produce the best and most benefit for our citizens. And uh and that's really where I and and also when you go to that next was it the next slide where you showed the main factor was of course failure to control speed. Now that may be just what people put down because they don't know what else. Um but uh you know >> and >> nobody likes to get a speeding ticket but I think we all understand if you look at the statistics we have a problem in love with speeders. we have a problem with fatalities and um I think we all know that we need to work hard on addressing those particular things. So >> one positive missing from this data is that in the last 3 years we have dropped the number of fatalities beginning in 2023. >> Yes. >> So >> and we want to keep that effort up. That's a you know that's and and that's I think I think that speaks to the efforts um done at the design level at the enforcement level and then you know it's also also we can say the drivers as well. So, um, that that's a positive that's that's not in this just because it that goes back to the we need to look at it yearly and and make sure things are updated. >> Yeah. And and I know you're not on the enforcement end of it. Uh, you're just on the design end and stuff like that. So, uh, but that is something we're all very concerned about. Uh, Mayor Pro, >> it's a naive question, but I even asked Councilman uh Glashine, pedestrians that get hit by cars, is that are those numbers included in any of this information or >> Yes, ma'am. >> Which which would it fall under? >> It would it would be under the Well, it it would be depending on where they are. >> Fatal, >> serious. Yeah. Okay. Okay. Thank you. >> All right. Any other questions? I see none. Thank you, Mr. Brah. Appreciate it. All right. The city council will now take up our ceremonial items. I call on Pastor Roy Davis, the Church of the Nations, to lead us in our invocation, after which our mayor, Pro Tim, will lead us in our pledges to our United States flag and Texas flags. Please stand as you are able. All right, Father, at this moment, um, personally, I just lift up everyone that is here in this room, especially the city council members and all those that um play a intricate part in the forward movement. ment of our city and community. I do want to start just by saying, Father, thank you for what you have already done before we arrived here this morning that you've already placed within each of them the wisdom, the knowledge, the discernment, even the passion of being in the position that they are. the overseer of their communities, the goals that they have. I thank you, Father, that you have already worked out and you're going to reveal to each of them the best decision to make for the forward progress of our community. I thank you Lord for each and every one of them for the individual but yet the whole group role in achieving the purposes the plans even though sometimes it may seem to be difficult or hard to achieve. But I thank you, Father, for the patience that you place within each of them. And they together as they always do at the end come together as one. >> I give you praise for all of their achievements and goals in Jesus' name. Amen. >> Beautiful prayer. Pastor, I know you've been doing this for how many years now? had an anniversary that >> honor our country with the Texas flag to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Honor the Texas flag. I pledge allegiance to the Texas one state one and indivisible. All right. Before we get down to serious business here, just take a moment. Um, Briana, is she in there? Are you There you are at the back. Yeah. We just want to recognize uh and lament the departure of one of our employees. Uh she thinks she's going on to I think Better Pastures or whatever. We think she's taking a step down. Uh she's going to go work for the city of Fort Worth. Um they're lucky to get her. We've trained her well here. Um, and just don't all those ideas you got that you were really good ideas here, don't don't share them with them over there, okay? Uh, just, you know, leave a little something on the table for us over here in West Texas. But we appreciate you for all your uh, work for our city. You've done an amazing job uh, working for the development of this city and uh, we wish you all the best. I won't call you up here to make a speech. All right. All right. This is normally where we would ask for citizen comments, but we have no one who signed up for citizen comments uh today, but just for everybody's awareness. Um well, I saw a hand there. Did you fill out a form for comments? Are you wishing to speak on an agenda item today? Yes, I do. >> If you're speaking to an agenda item, when it comes up, if we have a public hearing, you can speak then. All right. We usually ask for people to sign up in advance. >> Us. >> All right. Um All right. I I couldn't hear what she said she was speaking on. Oh. Um, I'm speaking on the fact that I was in a traffic accident with a police officer that >> Okay, that's Well, uh, and that's not on our agenda. So, we don't normally take citizen comments on things that aren't on agenda, but you're welcome to speak to any of our staff people or any of us about that matter individually. All right. Uh, but our citizen comment time is is meant for uh something that's posted on our agenda. Uh, thank you though. Appreciate it. Um, just to let everybody know though, we do want to make sure that our citizens are heard as appropriate on any agenda item. We don't ever want to foreclose that uh conversation because that's part of the accountability and transparency that we have as a uh city council up here. So, you do have an opportunity to speak to any agenda item if you'll just sign up in advance. Uh, let us know which agenda item you're speaking on and you always have three minutes to speak to that uh uh topic. But, we have none of those today. So, we will move on and take up agenda item 5.1. uh the minutes for our January 13, 2026 regular city council meeting. Uh that was in your packet. Uh so I have a uh you've had a chance to review those. Uh is there a motion to approve item 5.1? >> Have a motion. Do I have a second? >> Second. >> Have a motion and a second. Uh any uh additions or uh corrections to the minutes? I see none. All in favor? Let me know by saying I. I. Any oppose say nay. I hear none. The motion to approve uh passes unanimously. Okay, we're going to take up our consent agenda now. There's been a request to pull items 6.8 uh 6.16, 6.22, 6.23, and 6.24 from the consent agenda. So there is there a motion to approve the consent agenda with the exception of items 68, 6.8, 6.16, 6.22, 6.23, and 6.24? 24. >> So move. >> Is there a second? Any discussion? Mr. Collins, >> just to be clear, do we need a special motion to remove 6.16? >> Not. You can pull it from the consent and then you'll make a motion when that item that item comes up >> once we take it up. >> Okay. All right. Very good. >> Thank you. So, we have a motion and a second. Any other discussion? If not, all in favor, let it be known by saying I. I. Any oppose say nay. I hear none. That motion to approve the consent agenda with those exceptions passes unanimously. So now we'll take up individually item 6.8 first. And I believe Dr. Wells is here to speak to this uh item. She's the director of our public health department. She's going to brief us on item 6.8. >> Good afternoon, Mayor and Council. Um item 6.8 is a memorandum of understanding with Plain View Serenity Center, a drug treatment facility located in Hail County. Um both the public health department and Plain View um Serenity are funded through grants from the Texas Health and Human Services Commission. And many of those grants especially uh either specifically require or encourage partner agencies serving similar populations to haveus in place for coordination and referrals. Um thisou is an agreement for both parties to send and receive referrals to one another during the current fiscal year. Um this is not a new relationship. A similar has been in place for at least the last six years. Um, and this is a routine renewal um of existing working partnership um that helps ensure our residents have a clear um pathway to services. And I'm happy to answer any questions. Excuse me. >> All right. Are there any questions for Dr. Wells? Mr. Gosh, >> Dr. Wells, the memoranda of understanding is not limited to providing services uh related to grants that require such uh cooperation between agencies. Right. >> Correct. It's saying that we're going to provide we're we'll accept referrals from them. We'll send patients over to um Plain View um that require those services. There's nothing that requires us to follow through on a referral if a patient does not meet whatever the eligibility requirements are for that specific program. >> Does the city health department have any eligibility requirements that would prevent plain view residents from being treated in city services on city dollars? Um certain programs like the intermediary care clinic is geared towards um city of lick residents because that's being funded by city and county dollars specifically. A program like our immunization program for children that's open to anybody in the state of Texas um that is here in Leach and needs to receive a vaccine and meets their um eligibility requirements. When you say those programs are geared towards love residents, those are it's there's not a residency requirement for example to be able to receive treatment on city funded programs. >> There is I don't believe there is any rule in like the health department guidelines that say we don't serve a certain individual. >> So our advertising to um sorry don't mean to gohead. Um I would like our referral process for say the intermediary care clinic is working with physicians in love and when we talk to them we talk about that being a program for love residents >> but under this memorandum of understanding we could be using the city of love dollars to provide services to plane view residents. >> That's always a possibility when we offer services to our community. Um, however, a lot of our funding is grant funded and in those state grants, um, we do serve who walks through our doors. I'm not going to send people out to Hail County to provide services. Um, but we also send some of our clients to Plane View for the services of the substance use treatment because they do have an inpatient facility that will take somebody for 28 days for recovery. But certainly not all of the the uh sources of funding for these programs comes exclusively from grants. Some of these are set up and paid for by love taxpayers. >> Correct. And if council's interested in seeing the clients that we serve, I'm happy to um provide that data if that's something that is of interest. Can you tell us how much the Leach Health Department has spent treating residents of other cities and counties um with programs that are funded by Leic taxpayers? >> I don't have that at top of my head. Um it's something that we could go back and calculate and I wasn't prepared for that question today. I I have a real concern about the LEC health department expanding into a regional health department, especially with programs that are funded by Lach taxpayers and supported by our loan local funds. You know, if if Lach taxpayers are paying for services in Leach, it needs to prioritize citizens of Lach rather than people across the region. And so I would suggest that at the very least we um postpone approval of this memorandum of understanding until we have an idea of what how much we are spending to treat other citizens from other regions. So with that I'll move to postpone to a date certain um well let me first Dr. Wells when would be uh how much time would you need to prepare that information? >> Um I I can discuss it with uh Mr. Atkins, but I think at least two weeks or so. >> Dr. Dr. Will, do you think >> I'm sorry to pull >> maybe the first meeting in March? Give you all time to pull that. >> Yes. >> And I guess point of clarification, Councilman, we talking about services under this particular program. I think it would be helpful to know under this particular uhou but also just in general how much uh love tax dollars are going to support services to other um non-residents. >> Okay. And we'll certainly get those to as discreet as we can get them. Let's suggest uh first meeting in March would be the 10th. Then I'll move to post postpone this agenda item until March 10th meeting. >> All right. >> Do we have a second to that motion? >> Second. >> We have a motion and a second. All right. We'll open that for discussion then. Any discussion on that motion. Mayor Pro Tim. >> Let me just acknowledge that our health department is not only funded by city dollars. It is also funded by city and county. This was a partnership that we agreed upon when we first built this facility. And then secondly, it is a continuation with grants that is when you're doing state grants. This is some of what you open yourself up to and they're very important. It benefits our citizens and it benefits public health in general surrounding us. And it is a a formality and something that we should always take into consideration because it is important to be neighborly to those. Not only do those folks, they might be referred here, we refer them there, but these are also people that are coming and working in our communities as well as investing their dollars. Therefore, in some regard, that is a tax that they pay. maybe sales tax that benefits our citizens. So, I just wanted to put that out there. >> Mr. Gosh, >> sorry. I I would respectfully disagree that this is a a formality. I think right now it's an unanswered question. We know that we're spending le tax dollars on programs that benefit people who aren't residents or taxpayers here. We just don't know the scope of that. And that's why I think it's important to understand that so we can make an informed decision about how much we should provide services to non-residents. >> Mr. Rose, >> thanks, Mayor. Um, this is not something that would been on my radar, a question that I would have asked, but um, Council Member Gleen is an elected official and I think it's a fair question. I don't think it's out of the realm to see um if if this is turning into a regional type um type situation where we're we're spending um love taxpayer money on um surrounding communities. So I mean I think it's a fair question if we can you know at least get the numbers that would be that would be um that would be what I'd like Mr. Collins. Dr. Wells, can you count an instance uh or recall an instance where we've maybe turned away some love county city of Lev taxpayers from vaccinations or other services? >> No sir. >> No, that is so we have not. So our capacity to treat our love citizens exist to its fullest extent or its fullest request. >> Correct. >> Thank you, >> Mayor Pat. And I will point out that CO is a great example of why we not only serve our citizens, but in keeping with the neighborly thinking, we also worked with rural communities and other areas. I mean, the proximity, we're not going to Amarillo, we're serving the communities around us. And CO is a perfect example of how we did that. Not to mention that the measles outbreak was another great example. Um, as you know, Lok had a measles outbreak where we had not had one in about 21 years and we had very significant numbers. Now, we're experts and helping share information that we learned from our experience. And the point of the matter is that you know this is just a formality but you know if you want more information we'll provide it. The question that I have for Dr. Wells is will this delay us in securing those dollars and will it impact us in any way as far as being able to roll out to our citizens? Um, specifically with thisou, >> yes. >> And no, it will not have an impact. The goal, the goal for plane view serenity would have it, I'm sorry, would for it to be signed during this current fiscal year. So before um, sorry, September of 2027 or 26, I'm sorry. >> Okay. Well, I certainly think that uh, Mr. Gosh's request is is reasonable uh, to get those numbers. I I would just make the distinction between some of the things that were spoken of uh by Mayor Pro Tim. If it's a an infectious disease that doesn't know county lines and citizenship and all that, yes, we do have to work together. It makes no sense just to uh limit that just to your citizens. But something like mental health is just one of those things that's confined to citizens who uh live. It's not a transmissible disease or anything like that. So, I I think it's important for us to at least have that number to have. It may be that in fully funding what we need to serve our own citizens, as Mr. Collins pointed out, uh it doesn't cost anymore to add the services to other people who might visit us. You know, we've already funded it. Um, but I think what most of us would like to know is that creating an additional expense on our citizens and taxpayers and and maybe we think it's a good expense, maybe we don't, but it would be helpful to have that information nonetheless. So, I would uh approve at least postponing this hopefully that that would give you enough time to get us some of that information might help us make that decision. So, any other further uh Mr. Gosin? >> Thanks. you know, looking at the theou I think there are a few categories that are are more likely to implicate Leach tax dollars uh or spending outside of the city of Lepic which would include the affordable health care, women's health care, children and family services, environmental health inspections, uh financial assistance, the direct financial assistance that the health department does where they give money cash directly to people for things like uh treatment, transportation, prescription medication, clothing, personal hygiene, employment. Um, so those other types of programs and we need to have a good understanding of of if whether those dollars uh come from the city and if they if they do, if they go to love citizens or not, >> mayor pros, is that a question that you can partially answer right now being put on the spot like this? the um the program that provides um any of the financial assistance is our um Susan program and that's 100% grant funded by Texas Health and Human Services Commission. >> And is that used locally for our citizens? >> I need to go back and check the guidance if that grant specifically for Le County or if it includes some surrounding counties. There's I don't know all of them off the top of my head. I'm sorry. And then one more question in regards to 6.8. We're talking about referrals. Is that correct? >> Correct. >> We refer to them. They refer to us. >> Yes. >> Are we spending any dollars? >> The referral. No, because we don't have to necessarily accept a referral or support the help the person that was referred to us. >> So again, it is a referral program. We are not spending any dollars outside of our rim. And it is important to just recognize that I think this is the one thing that I will say to Councilman Glashine. I'm all about transparency. So if that's what is going to help Mr. Glashine in his decision, then I guess we will use staff time to find that information. Thank you. >> All right. Yeah, I think it would be helpful just to know what dollars are spent. Um, a the source of the dollars is always helpful. If it is fully funded by the federal government and it's not a taxpayer expense of the local citizens, then that may lead us to make one decision versus uh an indication of particular program that is actually coming uh from taxpayer dollars here locally. So that information could be helpful to us and uh you know we'll try to work with you to make sure that we have information that's useful to us when we come back to this in a a month I guess it would be when we come back to this if that's what we decide to do. All right. Any other questions? If not we have a motion and a second on the motion to postpone to March or the first city council meeting in March March 10th. All right. Um all in favor of that let it be known by saying I. I. Any oppose say nay. >> Nay. >> So I believe that was 6 to one. Is that right? Okay. So uh we will postpone that a decision on that till uh next month. Thank you Dr. All right. The city staff has requested item 6.16 be postponed to February 24th. Our next city council meeting. Is there a motion, Mr. Collins? >> Mayor, I would move that we postpone item 6.16 to the next regular council meeting scheduled for February 24th. >> Thank you, Mr. Collins. Is there a second? >> Second. >> A motion to second. Any discussion? I see none. All in favor, let there be no by saying I. I. Any oppose say nay? That passes unanimously. Let's now take up item 6.22. And I'm going to call Oh, this is your time, Brianna. This is your time to shine your your swan song as I said a year before us. Make it good. Okay. Uh brief us, please. Um on item 6.22. For those of you who don't know, Brianna was our business development director. That was her title. Okay. >> Thank you. And thank you for your kind words, mayor, and um for all of your support over the last several weeks, council. Um it has been an honor of mine to work for the city for the last um seven years. we have done some incredible things in the business development department thanks to you and your predecessors and so um today's a bittersweet day for me for sure um but it's been a pleasure and I appreciate your words okay um if it's okay with you mayor I will go through the presentation on items 22 or 6223 and 24 in one presentation um all three of these items are for incentive agreements that um the Lev economic IC development alliance is um asking for your approval on these of course have been approved by their board of directors um and so you are the final step in approval before we can authorize incentives to these companies. I will give a brief overview um of what I know but their staff is also here to answer any questions that I may not have the answers to. Item 6.22 the company is Lino Foods Company which you are all wildly familiar with at 4301 East 19th Street. They are expanding um and adding a new product line for nutritional dairy products at their existing facility here in Levik. Um investment amount is anticipated to be $165 million. Um they will create 15 new primary jobs and the capital investment incentive for this project is $500,000 to be reimbured to the company in two payments. So half of that will be in December of 2032. The other half will be in December of 2033, but they do plan to invest all of their capital um by the end of the year 2027. You good if I keep going or do you want to take questions? No, keep going. Okay. >> Um let's just go through all of them then we can come back and ask questions if there are any particular ones. >> Item 623. Um company name is Hidden 8 LLC and Sunrest Holdings. They are expanding an existing company with a new manufacturing location at 11513 Highway 6282. Um investment amount is anticipated to be $15.4 million over the next 5 years. They will create 110 new jobs and they will be receiving a capital or job creation incentive, I'm sorry, of $250,000 that will be paid in one lump sum after they create um employee number 25. And then lastly, item 6.24 is for Industrial Mold Molding Company LLC at 616 Sllayton Road. This is also an existing company that we have in Levik that's expanding and adding a new product line to their existing manufacturing facility. Um they will be manufacturing helmets and other sporting good products. Their anticipated investment is $1.27 million. They will create 25 new jobs and they are receiving a capital investment incentive of $50,000 to be reimbursed to the company once the project is complete. So once they can show that they've made the 1.27 million um investment, then they will receive a reimbursement of $50,000. Short and sweet. But with that, I'm happy to answer any questions that you have. >> Any questions for M. Brown? All right. Thank you very much. Appreciate it. All right. Can I take these all up together on one motion or do we have to have separate motions on each one? >> That's up to the rest of the council. You can if there's no objection. >> Is there any objection to taking these up together? >> See none. Okay. Let's uh may I have a motion to approve items number 6.22, 6.23, and 6.24? >> Have a motion to have a second. >> Have a motion, a second. Any further discussion? Mr. Mr. Wade, I see you lit up there. You still got another >> Okay. All right. Uh, Mr. Gosh, >> thank you. >> Just want to say that government does not need to give money to big businesses. It's especially unfair that smaller local businesses don't benefit from this type of government favoritism. You know, Lita and governments across the nation run these types of programs in the name of job creation. But every communist socialist government across history has allocated capital in the name of job creation. And every single time they've been outperformed by free market capitalism. Free market, a competitive marketplace creates more jobs, more wealth, and more prosperity than any other government intervention in the program in into the into the markets. But we would be much better off to serve the ideal of free market capitalism, lower taxes for everyone rather than giving money to government favorites. So I oppose these types of programs. I would encourage you all to vote against it as well. >> Any further questions or comments? All right, I have a motion and a second. Um, all in favor let be known by saying I. >> I. Any oppose say nay. >> Okay, we have two nays. Is that right? All right. So, that motion passes 5 to two. All right. I believe that exhausts our consent agenda. Is that right? Okay. Let's move on to our regular agenda. We're going to start by taking up zoning case 3537, a request of Hugo Reed and Associates Incorporated for Starllight Development LLC for a zone change from lowdensity single family district RSF2 to Heavy Commercial District HC at Fort 14612 Frankfurt Avenue. Uh located east of Frankfurt Avenue, south of 146th Street, north of Woodrow Road, 35 1/2 acres of unplatted land. will conduct a public hearing first for agenda item 7.1. And as a reminder, the purpose of the public hearing is to hear from any from the applicant and any members of the public uh in favor of or opposed to that item. The council may ask questions during the public hearing, but no discussion of the merits will be conducted by the council during the public hearing. Those are reserved for the uh time of the vote. I'll now call on our director of planning, Christian Sager, to provide a brief summary on this zoning case subject to the public hearing. Good afternoon, mayor and council. Item 7.1, zone case 3537. The applicant is Huga Reed and Associates for Starlight Development. The request is for a zone change from lowdensity single family SF2 to Heavy Commercial. We sent out 26 notifications receiving zero in favor, 81 in opposition, 71 of which are outside the 400 ft notification boundary. So, of the 10 inside the notification boundary, eight of those are outside city limits. This property is located west of Frankfurt Avenue, north of Woodro Road in district 5. Here's the response map showing the 10 responses within the 400t notification boundary. I will preface this by saying this response map shows the acreage of the original request, 51.3 acres. The applicant has since reduced his request to 35.5 acres. So the property on furthest west on this map would not be included in the notification boundary with the new acreage. Here's an aerial view of the subject property. Property to the north is currently vacant as well as to the west. There are homes to the south in the county across Woodro Road as well as homes both inside and outside city limits to the east. Current zoning is loaden city single family SF2. There's SF2 zoning to the north and west. Some additional SF2 across Frankfurt Avenue and then outside city limits to the south and east. The future land use plan did not contemplate this area when it was completed in 2018. It was outside city limits. The future land use map at that time contemplated commercial zoning at the intersection of two thofairs or arterials and then lowdensity residential throughout knowing that property owners would come in for appropriate zoning at a later time. Here's some photos of the subject property and surrounding area. This was the original exhibit of the 51.3 acres that was heard by by the planning and zoning commission at their November meeting. Here's the new request reducing the overall acreage to 35.5 acres and then those two side by side so you can see the reduction. This property was annexed after the future land use map was completed as we discussed. The proposed zone change is compatible with the zoning ordinance and will be appropriate at this location. Although the property is primarily bounded by lowdensity single family districts and unincorporated properties, it fronts both Frankfurt and Woodro, which are both arterials. The property is located on Frankfurt Avenue, as I mentioned, is an arterial. Staff has no objection to the request. However, the planning and zoning commission recommended denial by a vote of 1 to5 and I'd be pleased to answer any questions. >> Are there any questions, Miss Hager? I see none. Thank you very much. All right. I'll now open the public hearing on agenda item 7.1. Uh first I'll call up anyone who wishes to speak in favor of uh the zoning in this case. If you're here, please come forward. Please uh when you come forward, give us your name and your address. >> Good afternoon, mayor and council members. I'm Terry Hullman with Hugo Reading Associates. We are the applicant. Uh I'll be uh tag teaming our presentation today with Mr. Payne, the property owner. Uh he will be doing most of the heavy lifting for me. My job is a little easier today. I would like to walk through maybe some of the technical aspects of this zone case. Uh I very much appreciated the graphic that Kristen and her department put together showing the two the prior request and the current request side by side and I can speak to that um as well. Let let's just do that for a moment. Yes. It's the one on the top was our original request. Uh it was about 51 acres gross. Uh I say gross because a pretty fair part of that is chewed up by a gas transmission line easement that we uh were working with uh to try to shape this property together. Um on the west end um we encountered we already knew about it but we had a pretty sizable plow lake on the far west end. Originally, we requested the zoning to go through that in the hopes that maybe it might be available to us to develop if we so chose. Um, I mean, we technically still could, but when we started putting pencil to paper, it just began to not make sense to try to develop down in the bottom of that ply lake. Right. The other thing that we encountered was we we did come to learn that there are some deed restrictions in play on the far far west end, which gets in the way of commercial development. Anyway, it just made sense for us to to back off and clip the west end of this property off. The the new request um but for removing the west end is primarily the same um the same shape of property. The other thing I'd like to go through this this tells the story pretty well for us. Um we envision Woodrow Road much like you see further down to the east uh towards the the the Cooper High Schools. Uh Woodrow uh certainly is not Loop 88, right? But we envision ultimately Woodrow Road being a little bit heavier uh player with respect to retail and traffic. Not today, but in decades to come, we we we look at it as sort of being the next major corridor for for non-residential. And so we felt like it was appropriate for us to request non-residential zoning at this location. The other thing I'd like to point out is uh just the the geometry of what we're requesting. If you look at the black boundary there, that is our current request. And if you'll also look at the purple area just to the east of that, uh that is the what I will call the commercial leaveout that we did when we designed the Highland Oaks development. Um we had always envisioned that to be sort of a standard retail corner. We we we did undersize it a little bit. It's not quite 10 acres there. Um but it was just the way that the property fit together. And so rather than us try to have sort of a large 20 acre power center right at you know the corner of Woodrow Road and Frankfurt Avenue, we felt it was smarter for us and maybe for our clients and maybe for the public to have a little bit smaller uh more linear stretch of non-residential along that Woodrow Road going down uh to where we kind of begin to get into the Ply Lake area. So the we don't have a lot of depth to work with on this property. Uh which means by default that limits us out of having a lot of big big users on the property, right? We have a gas transmission line easement that's on the back of the property. So the net depth is only about 300 ft after it's all said and done. So it's going to function more like um sort of your midmile retail that we that we see these days. Anyway, we had originally asked for HC zoning and we did get a lot of opposition at planning and zoning. We did have a meeting with the neighbors before that. Uh majority of those residents lived in the Highland Oaks neighborhood um well away from this property. To be fair, there are some land owners that were directly south of Woodro Road uh that that we would call our neighbors. Um on those people south of Woodrow Road, they are mostly residences. Uh however, there is a pretty large mill works facility there. There's also a small uh nursery, a greenhouse, not really greenhouse, but a small nursery retailer there. So, it is a at least a slight blend of residential and non-residential. So, we asked for HC zoning because we wanted to free up uh this property for some of the uses that may not be just typical strip center, nail salon, fast food, restaurant, that kind of stuff. We wanted to open it up for things that might be more akin to what we might expect out here. Um the the the feedback we got at Planning and Zoning Commission uh did educate us quite frankly and we asked for time from the planning department for us to go back to the drawing board a little bit and find a way to address their concerns as best as we can. We are still asking for HC zoning. Uh however, there are many uses in the HC zoning district that quite frankly we just don't need or don't want or don't want to market to. We don't want it on our property. So, uh we were able to um uh get some documents prepared and I'll I'll I'll let Mr. Payne address that. Um so we are asking for HC zoning but we believe we have a mechanism in place that will um help insulate uh some of the the neighboring residences from some of the most heaviest uses that are available to us through the zoning in that district. Uh lastly uh it's it's never really a zoning issue but I always like to address it. There was a lot of talk at planning and zoning commission about um about drainage and about flooding and those types of things. And I'll tell you what you already know, but I always say this for the for the public benefit. Um, your engineering department holds us to a very high standard when it comes to development of property. Um, certainly the first thing we do is ask for the ability to have certain land uses on the property, but then it's up to us to demonstrate to your engineering department when we develop that we're not creating flooding problems for people downstream southeast of us. Um, uh, it's an old county development. Structure has been there for a long time. Uh we're well aware that there are homes down there that um that that are subject to flooding. And I I'll state here what I said at at uh at planning and zoning. Uh we can't promise that we'll make it any better for them, but we can also promise that we're definitely not going to make it any worse for them. We'll be required by your engineering department to demonstrate that from an engineering perspective. Um we believe we're we're doing uh I think what we need to do to address the neighbor concerns. I'd be happy to answer any questions, but with that, I'd also like to ask Mr. Payton to come up and sort of express his perspective on the project. Thank you, >> Mayor Council Thomas Payne 15 uh 309 FM 1730 in Luk County. I appreciate y'all allowing me to come speak today. It's my objective today to address some concerns that have been raised and to satisfy those concerns, not just for the council, but for the folks who are neighbors to this land, whether they're inside the county or not. And I believe that I will have done that by the time I show you what I've done. This is a little bit complicated for me in terms of how to handle it because one of the I talked about things at the planning and zoning uh meeting that would be allowed and would not be allowed uh not just according to city ordinances but according to deed restrictions. And I explained that this is intended to be something uh similar to what I did in front of the high school east of Slide Road. And if you look down there, and I'm sure yall have all been by there a time or two, uh what you see is uh probably the best example of the the use that requires heavy commercial under our code is the Atlas uh soil testing facility. Uh it's a very nice building with offices, substantial amount of offices and masonry on the front accompanied by a metal uh warehouse that houses their supplies for what they do for a living. It's not a sales facility, but it's uh they go out and do soil testing and then behind fence their vehicles are stored behind those buildings. That's the thing that is required in in uh heavy commercial zoning that would not be allowed in lesser than heavy commercial zoning. The place that this gets a little bit complicated is the city of love basically washes their hands and appropriately so of anything to do with deed restrictions. Uh and we all understand that. But there was a lot of talk on the part of the neighbors about a concern that I would achieve this heavy commercial zoning that was requested and not follow through and keep my word about what I would and would not allow on the land. The only way I can figure to address that I have figured to address that um is through deed restrictions. So my point at the time of the planning and zoning meeting was a commitment to put those restrictions in place after the fact. And the reason for that is because that's normally how it's done. These restrictions are a private matter and developers typically put those in place when they actually go to develop land rather than when they just are going to zone land. So, the reason that we our original planning and zoning meeting was November the 6th, I believe. The reason that we've had two postponements is because I've been working hard to achieve the end that I just described. And so, um the the only way that I have in my ability to do that privately is to is to create deed restrictions before the fact. Uh which I've done. And I realize that the city doesn't literally have anything to do with those, but I am going to present to you those deed restrictions because I think they pertain directly to my request for the heavy zoning in this case. So, with your permission, I'm going to submit the original document. And these are copies, sorry, for the council. And I'm going to just run through a few important points for you that I think will make both you and and the neighbors hopefully uh comfortable. Uh, one of the things that we did is we reduced the area of the zoning that was requested substantially. Um, and then the other thing that I've done is, and these are the declarations that will be recorded. So, so sorry, I forgot one. The single page that you're being handed now is a letter from Bob Grant on behalf of Western Title Company confirming that I have delivered executed deed restrictions as you see in your possession. Two of them for recording upon this zoning being approved. Uh and the reason for that is because it would not make any sense for me to place those of record before I have the zoning. that would not not make any sense to anybody. But the things I want to point out to you and and the main thing is that uh on page three, paragraph D, and I want to read this for the benefit of the folks that are here, notwithstanding anything herein contained to the contrary, all development of the tracks on the track shall be subject to all of the ordinances of the city of Wuk. uh which of course is the case whether I say that or not. The ARC, the architectural review committee shall never have the authority to preempt or wave any city of love ordinances. However, the ARC may make requirements that are more strict than the city of love ordinance. Uses allowed on the track shall be limited to anything in the city of Lev and NC zoning districts. Plus, the following specific uses require HC zoning. Only use I have listed in HC zoning is contractor shop andor service yard and that is because of my example of the Atlas facility because that there will be such users on this land and I need to be able to allow such users but that is the only use in the HC zoning district that is allowed and it is the only reason that I could not agree to remove HC and turn it into AC and NC because I believe That's a significant opponent component of the develop down the street and the development here. Let's talk about some differences between down the street and what I did in here. When I developed down the street, I planted those lots. They were and continue to be in the county of love. They are not in the Lok city limits. The Lok city limits are actually the north or back side of those lots, but they are in the county. Uh so I could have sold those lots with no restrictions. Similarly to this, I placed deed restrictions on those lots that were quite restrictive uh by choice because I don't want those other 13 things that are in heavy commercial anymore than my neighbors do down there or down here. Um the significance of being in the city limits versus not is that with being in the city limits there are additional restrictions that come that don't exist in the county. In the county no building permit is required. No uh inspections are required. People just go build as they want to subject to deed restrictions. But nonetheless that's a different thing from city ordinance. These deed restrictions require everyone to comply with city ordinance both in regard to landscaping well all city ordinance permitting and the whole everything. So they can't build here without a permit. They can't get a co to occupy the building without getting it from the city. So you have the layers of city ordinances and on top of that the private deed restrictions I've created which will be rest be recorded upon approval of this case both of which serve to restrict the uses on this land. Um these tracks of land within this area will be half acre to maybe as much at at most 3 acre tracks. They will not accommodate large B buildings because of the limited depth dimension of these tracks. It's only roughly 285 ft I think. Is that right? >> 300 >> maybe three as much as 300 but the net usable land is no deeper than that. So behind this land, the entirety of what you see now subject to this zone case is a 75 foot wide gas easement to on behalf of Atmos Energy. And so I need to develop my land. I'll just say that I need to do it reasonably, but I need to develop my land. I can't do anything else really with this land. If I were to turn it into, for example, you might say, we'll make it 1acre lots. Nobody is building houses facing Wood Row Road. So, east of this uh there's one house adjacent to this uh zone case description that faces Woodrow Road and that's Mr. Phillips house on the corner. That's the only house that faces the road. If you look at the developments to the south of Woodrow Road, kind of toward the west end, every one of those houses sides into Woodrow Road, and many of those houses have a metal siding warehouse between the house and Wood Row Row. And so I'm not I mean I'm I will never develop this as single family residences because nobody's going to buy that land for that use. So, I've done everything that I can to place restrictions here that address all of the concerns that the folks had. Uh, and I believe I've succeeded at doing that. My request is that the zone case uh be approved, understanding that my commitment to uh to record these restrictions is not just a a commitment for me. So, I'm trying to remove the issue that people say, "Well, maybe we don't trust you to record the the the uh restrictions." So, that's why I gave you the cover letter that has been delivered to Western Title to Bob Grant, who is, by the way, resident of Highland Oaks, all the folks know him, with instructions to record it upon confirmation from the city that the zoning has been approved and only then. Um, so it's out of my hands and I want to be clear that they're they're not mine to go change. They've been delivered with instructions. Mr. Brandt, I think all the folks know, is a trustworthy individual. Uh, so I I have entrusted them into his hands with that commitment. Just to give you a little background, I spoke to Mr. Rahino. My idea was to deliver these restrictions into the hands of the city so the city could control that. And Mr. Raho appropriately explained to me that he could not do that because the the city can't be in that position with the private deed restrictions which I understand. So that's why I've taken the step that I've taken. The other thing I want to mention and I'll try to finish up quickly. I wanted this land to be inside the city limits because of the protection being in the city provides because of the ordinances that the city has. So, let's talk about in the city and not real quick. There are city ordinances that require when these tracks are submitted. Uh, for a building permit request, uh, the the most clear example I'm going to give you is the city requires a lighting study be done to make sure that the lighting on these tracks does not cause a problem with neighboring tracks. neighboring meaning next door across the street without being in the city limits. No such thing is required. Uh and there are other similar examples. Landscaping requirements. There are a number of similar examples. The lighting is the one I call your attention to is the one I think is kind of the best example of protections that come from being in the city as opposed to not being in the city. If I can't zone this land so that I can approve it, the only option that would be left to me would be to request disanexation, which gives up all of these protections and which I never set out to do and it's not my intention nor my desire to do it because I want the greater restrictions to be in place. So, I hope that I have given you good reasons to support the case and I ask uh I ask that you do. I'll be happy to answer any questions. Um thank you. One question that I have is um >> Yes sir. >> So how uh for our uh enlightenment here in education uh and I'm not a real estate lawyer. How are deed restrictions enforced? >> So great question. Um deed restrictions that are placed of record as these will be are enforcable by any number of people. they would be enforcable by the people who own property within this uh but also people who don't own property within this. It's a public restriction. Uh but they're enforceable by private treaty. In other words, a private individual would have to a private individual or the HOA would have to file suit to enforce those provisions. But um >> so they're enforced by by suits by individ an individual who has standing to >> or the and I say HOA it's like an HOA but in this setting it's called an OPA which is an office park association. The office park association is the direct uh party if you will that's responsible for enforcing deed restrictions. So, like within a HOA, the HOA inspects the properties in the housing subdivision, uh, sends notice of violations, issues penalties for violations, and if it comes to it, takes enforcement action for violations, but it's not limited to them. >> So, is uh I mean, your intention is there would be an OPA formed for these properties. these the deed restrictions contemplate that specifically all right and yes they will be >> uh one other thing I should have mentioned I'm sorry but I want to interject these deed restrictions are established so that they cannot be removed or terminated if you will established so that no one in the future can ever make covenants restrictions that are less restrictive than the ones in this document. So, a future HOA board, if I sold all the lots and I was gone, a future HOA board, which would be comprised of the owners, can make more restrictive restrictions, but cannot ever make less restrictive restrictions. So, they can't get together and say, "Oh, we all want to do things that this doesn't say, so we're going to change." They can't do it. This document prevents them from doing it. So, I've done everything in my power to ensure that what you see before you is the least restrictive thing that will ever occur. Any other questions for Mr. Payne? All right. Thank you very much. Appreciate it. >> Thank you, mayor. I assume that's all speaking in uh for these two speaking in favor of unless anybody else is here to speak in favor of it before I move on. All right. Anyone here to speak in opposition to it? If you'd come forward, please state your name and address. Mayor, council, my name is Justin Phillips. uh live right across the street at 5811 Woodrow Road in Love County. Um Mr. Payne uh did meet with us prior to uh this zoning committee meeting that we all attended uh in November. I think a lot of points were brought up that day that that uh talking about traffic, talking about drainage, things like that. But I I I just wanted to point to that I think that the zoning commission that you guys use to recommend or go in favor of or you know they voted 5 to one against this and and it wasn't just down into the ply lake bottom that that bothered them. Uh I think it was several things but they did vote against this. Uh, I do think that that you guys have some rules that set things up that automatic put put automatically put things into uh, you know, a residential zoning for a reason. Uh, I think the city of Lach is now by his actions been brought all the way out into the county to Woodro Road. U, probably a little ahead of schedule. Uh, and I don't I don't feel like that the that the need for this heavy commercial zoning is needed at the extreme southern tip of the city of Lev on the uh adjacent to Woodro Road, a county road. Pretty dangerous road. Uh, I think more people will speak to that, but I I think that we should, if you guys have this committee that you put in place to recommend and to uh, you know, give you advice on these zoning cases, I would just like to refer to the fact that they voted it down 5 to one. Um, and obviously I live right across the street. I do face Woodro Road. I will face this plot of land. Uh there's several people that live and face Woodrow Road and I'll add that there are several more single family home lots that face Woodrow Road on this north side of Woodrow Road. As you go down Woodrow Road and you leave Slide Road, several homes face Woodrow Road. Several homes face Woodrow Road on both sides of the road as you continue west from this area. So, it is kind of an estate county property, residential property. Um, I I feel pretty strongly and strongly oppose that we use this track of land that is landlocked by a gas line. I think that's really our problem here. It's landlocked by a gas line that that came through there. Been watching them put it in. I still think that it falls in its residential zoning that you guys set up for it whenever you allowed its annexation. Uh but just to correct Mr. Payne, there are several homes that face Woodrow Road on both sides of Woodrow Road. Thank you. >> I'll answer any questions. >> Anybody have any questions uh for Mr. Phillips? Which which lot is yours if you can? I'm pretty much right across the street from it. >> Okay. They're the small two lots or the large two lots. >> Uh large two lots. >> Okay. All right. Thank you. >> Yes, sir. >> You're on the corner. >> On the corner. >> Yes, sir. >> Mr. Phillips is on the corner south of the corner of Frankfurt and Woodro Road. He's not in any of the >> And not any of these tracks that are shown. Okay. You just are right on the road, right? Yes, sir. Okay. All right. Yes, I know. All right. Right. And I'm going to have a question for you, Miss Sager, in a minute again if I could. So, yes, ma'am. >> Good afternoon, mayor and city council members. My name is Carrie Hill. I live at 5713 Woodro Road, which is the southeast corner of Woodro Road in Frankfurt. uh east adjacent to Mr. Phillips. I want to speak to you today regarding safety in this corridor where Mr. Payne is requesting heavy commercial zoning. Uh this is not a theoretical safety concern for me. It is not a prediction or a fear that something catastrophic might happen. It already happened. I am standing before you today as an amputee. I lost my leg on January 13th, 2023. And yes, it was Friday the 13th when a car hit me in front of my home at Frankfurt and Woodro Road. It is something I never imagined I would say. I wasn't in a crosswalk downtown or driving in my car. I was in front of my house minding my own business on the phone with my back to the road getting tumble weeds out of my front fence. Tumble weeds from that unkempt property, vacant uh vacant property across the road owned by Mr. Payne. The traffic on Woodro Road moves fast. Too fast. I think the the earlier uh conversation about Levan speeds and all that go to this also. Every day all day cars, trucks, 18-wheelers fly by with no warning that they're approaching that T intersection at Frankfurt and Woodro Road. Those 18-wheelers are even more prevalent now that Beatatenbo Homes is building a huge development on the northeast section of that land across from us, formerly owned by Mr. Payne. I think the annexation into the city had a lot to do with their access to water. Every day people pull out of driveways on Woodro Road hoping they're seen. Every day we live with the knowledge that one mistake, one distraction, one speeding driver can change a life forever. And for that matter, all of the lives associated with them. For me, it was my husband who found me bleeding out under the front of a car. It was my panicked daughter who had to call 911 whom I was on the phone with from out of state. It was all of my dear family and dear friends who were by my bedside who prayed for my survival at the time and have assisted and assisted and assisted thereafter. I thank God and those angels with the Woodro Volunteer Fire Department that saved my life. Adding heavy commercial zoning here will not make this road safer. It will do the opposite. It will bring more traffic, more trucks, more turning movements, and more chances for things to go terribly wrong. When you mix fast speeds with commercial traffic and residential homes, people get hurt badly. I made it to the other side of my accident, but others out there did not. I'm here speaking for them because they no longer can. next door on the west side of our property, a young mother of two crashed through the fence and died when she was trapped inside her burning car. And in front of the house just east of us, a pickup being driven by a young mother, slipped off the edge of the road, overcorrected and overturned on Woodro Road. The mother and one child survived and one young child died. Woodrow Road has no shoulder and no center stripe. I live every day with what happened. I live with the pain, the limitations, and the permanent reminder that this road is dangerous. We now have a guy that gets those tumble weeds out of our fence. Yes, Mr. Payne, we still have tumble weeds in our fences today, especially this time of year. But we've warned our yard guy to have his head on a swivel and no earbuds. You have the power today to make a decision that values human life over convenience and pri prioritizes safety over expansion. I ask you to please consider whether this zoning truly belongs here. Please consider the safety of us who live along this road. And granted uh we do I do not live in the city of Lev. I live on that line now which protest in the county. This is not just about zoning. This is about whether we are willing to accept serious injury and death as collateral damage for development. I've survived that accident. I've actually triumphed over my accident. After 66 years with two perfectly good legs and then the loss of one of them, I now have two perfectly good legs again, but I have to plug plug one of them in every night. I was hesitant to speak today as I'm not seeking your sympathy, but I am asking you to please remember those who didn't survive when you vote. Thank you. >> Thank you, Miss Hill. Anyone else? Hello, Mr. Mayor, City Council. My name is Rodney Warren. I live at 16211 Private Road 1740, right outside of the city of Levik. But I consider myself part of the community. I'm a little hesitant to come up here now for two reasons because Miss Hill just took half my argument and I'm friends with Mr. Payne, but I think friends can sometimes be opposed. I've been here many times advocating for change in zoning and uh some development, but my my attempts were always minuscule in Mount Never single family to heavy commercial. That's just that's a leap. Bridge's too far. M. Hill talked about the dangerousness of the road. It's two-lane black top with no stripe. You drive it at night, better be careful. I've lived out there 16 years. In the last 5 years, we've had the two fatalities that she spoke of and then her accident, which I didn't learn of until the November meeting. Uh it's it's a dangerous road. Any more development like this is going to make it more dangerous. Woodrow Road, somebody has said it's going to be a thoroughfare, east west thoroughfare. If you go to the east side, the east end of it, east of Sllayton, it starts in a ranch land, runs into Sllayton, comes over to Highway 87, from Highway 87 to Slide Road, you run in front of the two Cooper schools, and it's kind of busy there. I could see some development there. You go further west and you run into a cotton field, a Bart ditch actually. So the road goes from nowhere to nowhere except for that little area between 87 and Slide Road. And the county is working on that improvement now and it's a great thing. I wish they would come on out further west before you allow this kind of development to go. I I would appreciate it if you would not allow this zoning change. It it it it's it's too far. There's too much. And that's pretty much all I've got to say. >> Thank you, Mr. Warren. >> Thank you. >> Good afternoon, ladies and gentlemen. My name is Steve Hill. I live at 2535 SE uh sorry uh 15 This is nervous, right? You know, >> I live on Woodward Road. If you look at where the L is, the white L and you got a purple line, my house is right behind another side of the street. We've lived there for since n since 2016. And I gotta say, there's no uh speed limit at one end or the other end of Woodville. It's probably five miles. Cars go through there insanely fast. The reason my wife got hit is the man that was driving down Frankfurt was going so fast he couldn't stop for a car in the left turn lane and missed the car and hit one going this way that just shot through the intersection. My wife won't tell you but when during this thing I was so scared that she was going to bleed out. She used in the in the emergency room, they used three and a half gallons of blood. 27 units. I mean, think about having that much blood put through you. Six weeks in the hospital. She takes pain pills now every day to just be able to deal with it. Woodro Road is a racetrack. It has 65 mph speed limit, but I think people take that as a kind of a suggestion more than reality. Uh I wanted to go out with my radar detector and and and find out exist how fast they have, but you hear the trucks coming down the road blowing their horns at that intersection and you just cringe that somebody's pulled out in front of a 18-wheeler and is going to get run over. heavy commercial that should be up in the northeast end of Lev, not in a residential parkway where we live houses where houses are at and people have bought places to to raise their family. Not across the street from a semitr uh repair station or a dump or whatever this man can come up with. I don't like the idea of having that open end. you're gonna look at a used car lot and have a lights blinding your your house every night. I think that the the type of zoning change he's asking for is completely inappropriate. Whoever made the decision in the beginning to make that residential was right. It should be residential. It is residential on that side up until you get to the point of where well the basketball coach lives on that side of the street right next to the beginning of this. Uh it it doesn't even it's like putting an airport in the middle of a field middle of a residential area. It just doesn't fit. If it fit, I'd be all for it. Uh, the man wants to, I'd make him an offer to buy the land to solve the problem. So, uh, I just don't want to see anybody else get hurt, killed. If you want to have some fun, get on wood, let a semi-truck get right up on your butt, and then die for a driveway. It is unbelievably scary. in the front of my house. You'll know my house because I've got huge boulders that are like six tons each, eight of them with steel beams in the ground just so that when I go get my mail out of my mailbox, I've got some protection now of somebody losing control and crashing. And when like my wife said, there are no shoulders, there are no center lines. Cars are all over the place. And you sometimes when uh you get these people come off of Frankfurt, they turn left to head for a slide. And I sit there and listen to these guys, these pocket rockets and cars going through the gears. And I just wonder how long is this guy going to be on the throttle. And you can hear him go all the way through sixth gear going down that road. has to be over 100 miles an hour. It happens all the time. Um, the other thing I want to say is I know he talked about water having to deal with the water. I am a playa. Mr. Phillips and his wife have playa every year. We get flooded out because of the cotton field across the way. After about the second or third rain, the dirt soaked and the water runs. Well, when you put asphalt lawns and houses over that 8090, what however big that is, the water is not going to soak into the ground like it does now. It's going to run. The pliers they have on Woodrow, I mean on on uh uh Frankfurt are way up a half mile up the road. That's top water from up there. There is no playa down where we're at to catch the water. So, it runs across the street. It fills up our pliers and floods our yards. I don't know how Mr. Payne plans to mitigate mother nature when she decides that she wants to flood the place. But I have I have I know this. I have a pla that I added four acres to. I built a second tank of equal size of about 10 million gallons. Mr. Phillips has got three plants now, not one because of the fear of having flooded being flooded. It happens every year when we get a good rain. I would appreciate you would uh go I would appreciate if you would uh not allow this kind of stuff to happen. Think about if you lived in your neighborhood and I came in and I put a diesel truck repair station across the street from you or I put a 7-Eleven or a mini Walmart right across the street from me. It's going to increase traffic, increase flow, and I don't care how many patunias you put out in the front yard. It is going to make it look any nicer to the people who live there. Thank you for your time. >> Would you give me your first name again, Mr. Is it Steve? I'm sorry. Questions? Uh, >> Steven. S T E B E N. >> Okay. Thank you. >> Are there any questions? >> I see none. Thank you. >> Huh? >> I see none. Thank you. >> You do? >> No. I just wanted your first name. I didn't hear your first name when you came up. Okay. You You have a question? >> I'm I am very >> almost deaf. So, my name is Steven Hill. I'm actually >> just forget my question right now, but you made a comment about that it should be moved to north and east. >> Yes. >> Why would you say that? >> Because that's where the heavy commercials at. >> Oh, thank you. Thank you for reminding us. >> Well, I'm not trying to be like that. I'm just saying, you know, >> the city is growing. But you know what? Thank you for your input. It is always appreciated. >> Okay. Thank you. Any other questions? >> All right. Thank you, Mr. Hill. Anybody else? >> Hi, my name is Alan West. Uh, I'm a farmer and I live in immediately on Woodrow Road in the larger block uh the the second parcel over. Okay. And uh uh first of all uh this issue's already been been brought before. I mean we have uh the the issue on November the 6th. The only real difference here is we've omitted 15 acres in a plya lake that's not even really usable. is and that and we've we've asked to to come back again. The other real issue is the gas pipeline and I farm acres that are south of it. I've dealt with the installation. I know about the easement and I know that people have been compensated and paid for for that. So, it is a a nuisance. It is a problem, but but it's also been uh addressed economically. Uh my wife and I uh speaking on the matter of safety, we were rearended uh turning off Woodrow Road, pulling into our driveway, had our had our SUV totaled. Woodrow Road does not have a shoulder. It doesn't have a left turn lane, and it's not designed right now to handle this type of traffic at all. And so I'm sorry that we've got a gas pipeline along the way, but I think what we're trying to do is is change the rules in the middle of the game because we've got something else uh going on here uh that that has changed uh these rules and your planning commission uh gave you their recommendation. I hope that you listen to them and and honor and honor them and uh uh thank you for your time. Thank you, Mr. West. Anyone else? Thank you for giving me an opportunity to speak. Vernon Williams, 16203 Private Lane, 1740. I live the second house in on the east side of the smaller subdivision there. And it is true, we don't face the road, but when you walk out my front door, all you see is the road. And all you see is exactly where he wants to do this. We live at the top of that section of Woodro right there, our subdivision and the one next to us. And people come up that hill fast, and we're always having to watch how we pull out of there. Now, I did want to talk about the safety because that's been pretty well talked about. And that that road if you ever drive it, it's instantaneous. You know, it's bad. What I want to talk about is the, you know, in putting in line the 2040 plan that the city council approved for the development of Love and specifically in there, there's a couple of tenants in there. One is the neighborhood adjacency, which speaks to non-residential uses adjacent to existing or planned residential areas should be not should not be permitted. The second is the neighborhood preservation. Existing or um potential uh neighborhoods should be kept intact regardless of what's going on with the zoning. And this is all residential zone. Correct. Now, I realize it's not lost on me that we're not in the city limits, but I just walked that off yesterday. I'm 40t from the city limits that our subdivision has. All you do is walk across Woodro Road and we're in city limits. My front door is about 250 ft from that and the noise is already bad. But what I'm really worried about is the light is one thing. If you go down to where Mr. Payne was speaking to where they have built that one uh soil uh conservation place, that light is astoundingly bright all the way across the road south. And I don't want that in my front door. Honestly, I think this is all going to be residential and to just plop a heavy commercial in the middle of what's going to be an extensive residential area before this is over with all the way down Woodrow Road because there's homes built all along it. You don't have any other way to go there. I I just think it's not the right thing and I'm adamantly opposed to it. And I hope even though I'm not in the city limits, I anticipate I'm probably going to be annexed sooner than later. But my worry there is is that we'll probably be considered non resolutional in that you won't provide us any services, but we're probably going to still be paying taxes. So my only hope is that you will protect us by not allowing this to happen. >> Thank you for your time. >> Let me just uh comment, Mr. Williams, uh we can't annex anymore by right as a city. You would have to want to be annexed. >> I've seen that, too. >> Okay. I just We're not coming for your land. So, uh just understand that. But the plan is there that if we were annexed that you wouldn't provide us any services. It's in your plan. I >> I think our goal is if we do annex land, we're prepared to find a way to have the services to make a lot of a lot of money. >> I know that's probably why it won't get annexed. >> Okay. >> Just to make that point. Um I just didn't want that misinformation out there. We can't annex by right anymore. So >> that's good. >> All right. Anyone else? My name is Dodie Phillips. I'm married to Justin Phillips. We live at 5811 Woodrow Road and that's directly across from that corner there on Frankfurt and Woodro. It actually that intersection dead ends into our property. Anyway, we strongly oppose the resoning of this land. Um, we raised our family and invested many years of our income into um, developing our 30 acre estate as did many of these people in this room today. Um, I don't quite understand why Mr. campaign would want to build heavy or develop heavy commercial this far out when there's thousands of acres of undeveloped land already zoned for heavy commercial not far from us. Plus, you've got the building of this new loop and all that land right near there. It just doesn't make sense to develop this land as heavy commercial when you got all these neighborhoods already established that have been there for decades and we're building even more. I mean, he just sold off the northern tip of his property for Beatenbo, who is supposedly fixing to build like a thousand homes. And that's just going to add to the safety concerns we're already having. Um, as you know, Woodro Road is a county road and it takes a long time to get anything done in the county. The speed limit on Woodrow Road presently where between slide and 179 is 60 mph, but people often do not go that speed. um they go 80 plus miles per hour and they get impatient and constantly cut around other vehicles and that creates a lot of accidents. Um so currently our infrastructure obviously can't support this new growth. It can't support the growth we already have and that is not going to change anytime soon. Um anyway, we've worked really hard to establish um or develop our places and their incredible rural estates. And I'm sure it would please Mr. campaign to no end to bring these heavy commercial properties in to sell them right across from our beautiful rural states and homes in our community. I mean, what better place, right? Make a pretty penny. But at what's what cost? I mean, as is, I don't even let my children go get mail from our mailbox. It's it's just feet off Woodro Road, maybe inches actually. But I'm I or my husband are the only ones and we have grown some grown children and I still don't want them to turn their back to that road. I just can't imagine. But zoning regulations are put in place for a reason. They should protect the safety and preserve the character of the residents that currently live there and the residents that are going to live there. So, please take these things into consideration. I had so many notes. And another thing, Starllight, Mr. Pay with Starlite Development wants to keep comparing the property in front of Liberty to what he's going to put where we are. But the property in front of Liberty sits on Woodro Road where your speed limit is 40 miles per hour, 35 miles per hour when the school's in session. How is that going to work when our speed limit is 60 plus miles hour? I mean, that doesn't make any sense to me. And the homes that are situated around where he put the property in front of Liberty are sparse. They're not big established neighborhoods like what we have with Highland Oaks and the people to the south of Woodro Road. So, there's really no comparison there. The truth be told is we don't need heavy commercial that far south. You can put We have enough of it. I'm trying to see if there's anything before I walk away. Oh, and another thing. The pictures they keep posting with these vacant fields. I'm sorry. I don't know where they took those pictures from, but that is not a good reflection of what lies in that area. So, just so you know. Um, anyway, thank you. >> Thank you, Miss Phillips. >> Anyone else? All right. >> I'll let y'all all get your handouts first. But my name is Shannon Hansen. I live at 5502 158th Street. And not to keep talking about safety, but last night myself was almost in a wreck on Woodrow Road with a tow truck trying to get I'm what I'm assuming must have been a wreck or a car stalled out or whatever because we have no shoulders and most of it is bar ditches. I was able to pull into an alley heading into Highland Oaks as the truck that did not want to wait behind the tow truck zoomed around into the bar ditch into incoming traffic and then back onto his lane to get it to the stop sign going. probably 60s something an hour. So, and that just happened just last night. I wish I would have had time to try to video all the chaos that was going on so you could understand what the road is like. But does everybody have their handouts? So, if you will look at just to kind of go through which each of these are and then I'll reference them. Example one is a little bit better of a clear picture than what you're seeing up there. You can actually see where I marked out where Mr. in Miss Phillips house is so you can kind of understand I mean you're not seeing any of the residences outside those two plots that are on Woodro Road. We also have put in there where all the new homes are going in currently right now. So you just have a better picture of all the residents. Um example two is what it looks like. And these are some drone footages we just took over the weekend and how close cars are driving with the no shoulder. And then some of that just dips down to make it really easy to be able to flip your vehicle. And then example three will be um that's what's over in front of Liberty High School and what we keep talking about comparing the two different developments what he has already had where Atlas is where the lifted trucks is and we'll also show what the lights look like at night. shining into the people's houses across the street. So again, my name is Shannon Hansen. I'm here to speak against the resoning for Harry Commercial. The reasonzoning request is a change from lowdensity single family to heavy commercial district defined in the non-residential zoning chart as development of heavy vehicle repair, wholesale trade, warehousing, freight movement uses that are typically characterized by outside storage of materials or merchandise. This district should be located away from residential areas or if unavoidable should be heavily buffered. To reiterate many of the points made by others today, the UDC code accepted by the city clearly states that heavy commercial will not be allowed in resident or should not be allowed in residential areas and areas and this area is already heavily residential with three of the four sites currently are residential. As you can see on that example one with the foreside coming in as residential with a thousand houses and beaten bow is slated to start I think actually the building not just the platting in April. So that is just around the corner. Um just um again I know that we have had discussion that this would be similar to what was built just east of slide and woodro intersection. However, this is not comparing apples to apples. If you compare the heavy residential that's on the east side where we're at, I mean the west side um compared to what's on the east side, you will sell you will see that there's a huge difference. I mean, I think I counted maybe last night approximately 15 houses just kind of right in that area. And it also backs up to what is mostly not residential. That is a golf course, that is um offices and a school. So, it's just a little different than what you have on our side that has already been established. Um there are likely many reasons heavy commercial is not allowed in residential areas, but the negative impact on home process is one that is important to us. This negative impact on home values has several causes, but the reasons we've discussed today are lot pollution, safety issues. And if you will look at, you know, that example three, you will see that the lights from that lifted truck in that Atlas area. And you can see how quick what that is doing in the yard across. I mean, that's illuminating it bright. That's on all night long. That doesn't go to away. So, what would that do for the houses where the Mr. Phillips buddy is on the other side? Um, the second issue we have concerns about is safety. You've heard several stories today about accidents related to Woodro Road that have resulted in vehicle damage, permanent injury, and even death. These are our neighbors and our friends, and they've been impacted. And this is occurring before the increase of traffic pressure from the new thousand homes that are being built currently. Also remember that when you come up from Frankfurt to Woodro Road, it's one stop sign. Woodrow Road doesn't stop. So we're putting another thousand houses with just adjacent to it. We have 255 lots in our area plus everybody on the other side of Woodro trying to come out at a one stop where most of those people are probably headed down Woodro where you have two high schools, one middle school and one elementary. That's a lot for a two-lane road with no center stripe, no turning lane, no anything. And eventually we will have that, but that is way far down the road. Um, let's see. Just making sure I'm trying to skip over some of the things that have already been said. So, on top of these types of conditions, heavy commercial will add to the pressure on Woodrow Road to support large semi-truckss moving in and out of the business as well as parking off the road while they are waiting to drop off or pick up. All of this will create an extremely unsafe travel environment for our kids, our new drivers that are driving to the two hospitals down the road and everybody else that's out there. Besides being out of code for the UDC or what they suggest, the infrastructure is unable to support the increased traffic that heavy commercial will potentially bring to it as well. While the offer to have deed restrictions is a generous offer, we feel that deed restrictions would be insufficient to protect the surrounding neighborhoods. I mean, that's effectively privatizing zoning decisions. This route the surrounding neighborhoods would have no way to petition against any type of potential changes and constructions or would they be made aware that something is being changed? Although he did state that they were in there, that's not something we are seeing at the moment. This is this right here is the appropriate form for zoning decisions to be made as a city council is an elected body of representatives that all the citizens of Levik and they have the best intentions for all the future citizens plus the future of Levik in mind. We understand that progress equals change and as much as we would all like to keep that just raw land or residential zoning change is inevitable. Our our sincere request is that you hear our points and deem them valid and that the request for heavy commercial is denied. We understand that commercial of some sort will most likely be brought in somewhere, but a lower zoning class that works with heavily residential areas should be sought out. May I ask for all those in opposition to stand with me? The decision is in your hands and we will live with whatever you choose. But we do ask that you really look at what we've brought to you today. Thank you for all of your time. Does anybody have any questions? >> Yeah, I think we had a request from council member. If you live in in the city, would you raise your hand? >> Okay. >> This also was a very quick meeting. So, we had a lot more people here at planning and zoning, but it was difficult to >> it's just it's everybody here today that >> All right. Uh, thank you very much. Uh, Mr. Harris, did you have a question for her? >> Yes. >> Would you oppose to light commercial? >> No. I mean, I'm sure we have some people that would be opposed, but I think overall >> I mean, you got those neighborhoods going up in all these thousands of houses and stuff. I know you want some type of retail there, right? >> Light commercial is not bad. light pollution like the things I mean we don't want car lots probably wouldn't be great because that is going to extend over into other people's houses. Um like I said it's inevitable that something will probably come but heavy commercial is too high. >> Right. I can understand I see what's been happening there with the traffic and running over people in houses and things like I don't know what the solution is to that. I mean I guess that's something we're going to have to get with traffic or something. and they have to work on it saying that that's a whole new residence. But >> and I think eventually the plan is after speaking with our county commissioner is to to have Woodro. But I mean, how long did they start down there by the high schools six, seven years ago? I know I put two kids through high school over there and they both drove through the nasty traffic and it's still not finished. And so it's going to be a long time before >> our area is prepared to have more traffic, >> right? Okay. All right. Thank you. Any other questions? >> I don't see any. Thank you very much. >> Thank you so much for your time. >> Anyone else wishing to speak in opposition? >> Could I make a clarification? >> Certainly. >> Hi, I'm Steve Hill. May you ask about the Northeast. I use that as a suggestion. I have no idea where heavy heavy uh commercial is in town, but I just think that heavy heavy commercial and residential should be separate from each other. That's all I was trying to make. Not trying to take this eyesore and send it to somebody else. Thank you. >> Thank you. >> That was fun. >> Certainly, Mayor Pro. Thank you for um your clarification. But historically that has happened multiple times where we've put all the industrial in North and East Lok. And just for the record, heavy commercial exists all over the city. It is not limited to just one section. This city is growing and you know it's unfortunate but it's growing in every direction. So, thank you for clarifying your perspective. >> All right, Mr. Warren, >> can I come again, please? >> Since I'm already on the record, I'll just start talking. I have done a little bit of retail development and from coast to coast, actually, Sonic Drive-Ins, I've put in about 80 or 90 of them. I know a little bit about retail and this this area Woodrow Road is not going to see retail anytime soon. It just it's not going to happen. When I'm looking for a location, whether it's a Sonic Drive in or it's a strip center, I'm looking for heavier traffic somewhere along Indiana. The north south routes from the south. The only thing that might happen there is salvage yard. Possibly one of those massage parlors like y'all shut down here a couple of weeks ago. All right. Any other questions? All right. Uh I'm going to ask Miss Sager if if you could I've got a question for you. Um I think we all realize uh that Woodborough Road is not in the city limits. It's not our road. It's a county road, right? >> If it were in the city, what how would you define it as a road? You know, you always tell us it's a major arterial. How would that road be defined? >> So, it actually is on the city's master thorough affair plan because we plan ahead. We look at the ETJ. It is a principal arterial. a principle which is the equivalent of what slide is >> a five lane thorough affair. >> A five lane although it is not a fivelane correct thorough affair >> projected to be a five-lane thorough affair. >> That's his projection at times. All right. At some time um all right and I think you had the picture if you could go back to the picture of the the road. Do we have a picture of the So that is Woodro Road without any stripes on it or anything. Right. >> Yeah. Um >> or is that Frankfurt? >> Looks like it should be Frankfurt. If the planner was looking west towards the subject property, they would have been standing on Frankfurt. >> Okay. All right. Uh let me see if I have any other questions. Okay. Thank you. Uh >> Mr. Phillips. >> Mr. Phillips. Did you have a question, sir? >> Yes. >> Uh, thank you, mayor. Um, you guys had mentioned that private land is not ever annexed by the city of Lok anymore. So, that brings up my point about Woodrow Road. Unless we decide to ask y'all to annex us, we will not be annexed. >> That's right. >> And that means the road will not be annexed. Correct. >> Well, the road Yeah. If if the road came into the city, then the road would become the city's responsibility, but at the moment, it's the county's responsibility. >> What? >> And so the road is >> what would the property lines affect that? >> I don't know that I can answer that question. Um, I mean you have rightaway there's already I'm assuming >> rightaways on >> In other words, it would take enormous amount of people on the south side of Woodrow Road to request annexation for Woodro Road to become >> I don't know how you how that annex goes about, you know, whether it could be individual piece of property or multiple. I don't know that we're into the peace mill annexing of small acreages, but uh I I don't think we have much of a plan to ever go >> south of Woodrow Road. >> It it appears that maybe portions of the south half of the rideway, which would still be a county rightaway, not a city or not are there, not north of the center line. It is a county road. >> All right. >> Yeah. Well, and to that point, I don't think there's any future plans for that to take place. Uh, Woodro Road being able to be maintained by the city. >> No, it's not our road. >> The the maintenance, the speed limits, those those related things, th those are all the perview of the county. >> Yes, sir. And so, I just wanted there's not any plans for that. >> Mr. way. I think you are we are we going far field or is it >> Yeah. Well, remember we're still on a public hearing. Um and so yes, so we need to stay kind of on our subject matter here. To everybody's point, I don't think the infrastructure is um is conducive to the to the neighborhoods that now look at Woodrow Road that are are housing neighborhoods that are on Woodrow Road for any kind of commercial heavy commercial development. Thank you. >> All right. Thank you. Uh Mr. Payne, uh a question for you. So, you talked about the gas easement. Where is that gas ease? And was that gas easement shown on the uh plot the plat map that we had there or can you put that picture back? >> Well, I'm trying to figure out how close it is to this. Right. >> Perfect. >> So, how many feet? >> Mayor, there are two >> There must be another one. >> There are two high-pressure gas line easements on this property. >> The one that restricts the depth of your property is not the one we see here, though, is it? >> Well, you do see it. It is within the north line, the north boundary of the zoning description. So you see the little separate strip there. >> Um >> um >> boy, that's awful. Let me get it bigger here. >> Right there. >> Just inside of the red line. >> I could not read it. >> That is the new uh Atmos Energy 75T wide 75 foot wide gas ement. It is included within the uh zoning request but can never be used. Right. Okay. So that is the newer Atmos Energy easement. The dashed line you see to the north, which is this one right here, is a long preexisting high-pressure gas line, um that uh was in place long, long before I ever purchased this piece of land and would be prohibitively expensive to try to get the gas company to move it. So, I have both of those restrictions to work with. And just to give you a little a couple of things that I think are important, if you don't mind. >> Yep. Um, I'll stay with the gas easement first. The distance between the two gas easements was designed to accommodate two rows of residential homes. So, the north row will have its back to the north gas easement and the south row will have its back to the south gas easement so as to allow that property to be developed and still accommodate the easements. Couple of other things I want to mention is although certainly it's true I was compensated by Atmos for the value of the easement land I was not compensated one penny for anything outside of that easement. So I wasn't paid anything for the land that's subject to the usable zoning request. The other thing I'll mention is the future width of Woodrow Road as a thoroughare would be just like slide road. It'll be 110 ft wide. That's 55 ft on each side. So nobody whiz 40 ft from the future wood road. It's 110 ft of width of the road. But I also want to mention because it's important to note when I annex this piece of land, the city limits stopped 10 ft north of the future ride ofway line of Woodro Road. So the city limits are 65 ft north of the center line. This is as I was required to do by the city. It wasn't my idea. It wasn't what I wanted to do. It's what I was required to do by the city of Lok in order for them to grant the annexation request. The other thing I want to say because it needs to be said, we all are concerned about traffic and speed. Uh I had an employee as recently as Saturday who was traveling eastbound on, however you want to put it, the future Loop 88 or uh 1585. He was approaching Upwind Avenue from the west. A lady flat ran that stop sign. It's a miracle she wasn't killed. And she was only not killed because of some really heavy evasive maneuvers that my employee undertook. The car and my pickup was total and I'm sure the car was totaled as well. Thank God nobody was seriously injured. Uh, and that's the most important thing I think for all of us to bear in mind. But I just want to make the point. We all share this concern. I live on a property on that faces Slide Road, similar to Mr. Phillips. Um, I live similar to Mr. Phillips, 600 ft off of Slide Road. I've lived there since my daughter was in sixth grade. Um, I lived in mortal fear every time she exited the slide road. So, I understand the concern. I share the concern. At the same time, uh, if we're going to take the position that the adjacent roadway has to be able to accommodate future traffic for development, well, the city certainly shouldn't have approved Beaten Bose's requests for the development they're about to do at the north end of the section because it's bounded on the north by 146th Street, which is a flatout dirt road, and on the east side by Frankfurt Avenue, which is a far far far worse worse street than Woodrow Road is. Wood Row Road is an extremely well conditioned street compared to Frankfurt Avenue, which is all but falling apart. So, obviously, we we don't not allow development because the adjacent road isn't in the shape that we would like for it to be in. If we did, there'd be no development going on in a whole lot of places. We don't have impact fees now. So the developer can't build the thorough affair with their money and have reimbursement for it. So the thorough affair is the responsibility of the city. And so again, I just say beaten Bose's development to the north is a perfect example. Why in the world would we allow that bordered by dirt road and a falling apart strip paid two-lane street that's in far worse condition than Woodro Road. So it's not that I'm not concerned about these issues. I'm and I promise you as concerned as anyone is, including the folks who have spoken. Uh, but there will be far more traffic from a residential subdivision than there will ever be from the development of this land I'm talking about, which will be in terms of traffic relatively limited by comparison. I'll be happy to answer any other questions. Uh, and you you kind of made one of the points I was going to ask you, but you said you you thought or you anticipated there being two between the two gas easements, there would be two residential streets with housing on both sides of the streets or just on one side of each of the streets or >> one street in the middle. >> One street in the middle. >> So, you'll have houses between the two gas lines. The houses on the north side will face south, so their back will be to that gas line. The houses on the south will face north. So, their back will be to that gas line. >> Okay. Just one street then. Okay. >> Uh it's two streets in there. So, there's four rows of >> Okay. All right. >> In between there. >> All right. Thank you. >> Yes, sir. >> Any other questions for Mr. Payne while he's up here? >> Okay. Uh Mayor Pro, >> just a quick question about the beaten bow homes. >> Yes, ma'am. >> I heard two things. One that it will start in April and then somebody else said that it is already happening. They're already building on it. I do. You know what? >> I I can I can tell you that I was told yesterday on site by beaten though that their builders are showing up today to begin construction. >> Okay. Thank you. >> Yes, ma'am. >> Thank you. Yes, sir. >> All right. I'm now going, if there are no further comments, I'm going to close the public hearing at Wow, this we have problems with our clocks up here. I'm going to say it's 4:10. Okay, that's what I'm going to say now. All right, everybody agree it's 410. All right, closing this at 410. All right. Is there a motion to approve agenda item 7.1? We have a motion to approve. Is there a second? >> Second. >> We have a motion and a second. So, is there discussion? Dr. Wilson. >> Yeah. Thank you, Mayor. Um, so with this being District 5, I've had many conversations with several of the members that are here. Um, first off, I do want to say to Mr. Payne and to you guys, Mr. Payne is not a malicious man. and I've had the pleasure of working with him for four years and now he gets in lots of disagreements with neighbors over developing property but that's his business and I think he does it well and so if he says he would try to do deed restrictions I do believe that now Mr. PR and I also sometimes disagree and we are good friends as well, but uh in this particular area um I know a lot of you guys have said this was meant to be residential, meant to be residential. Well, that's usually not the case. U when we first started annexing in under the new UDC, everything went to SF2. And so that doesn't necessarily meant any piece of property was meant to be residential. Um that was just how it was set within the UDC. So I want to clarify that. that wasn't that anybody decided there needed to be houses on a woodroom. Now, with that being said, you know, and Mr. Payne and I have discussed this. I was at the planning and zoning meeting when this was heard that, you know, I I have some concerns here as well. Now, I can tell you I do not think residential property should be built right there where he is trying to develop. I do not think that's the appropriate place for residential. It is right going to be on a major arterial road, but I also don't think I agree that we need heavy commercial there. Um we've been in discussions many times looking at neighborhood commercial um the auto urban commercial office and I do think that I think it needs to be a little bit less. Um but he's his developer that's his right to bring that before us. Um his right as a developer and it's as a property owner to do that. Um I think it's going to be buffered by some type of commercial. So I don't want people to be disillusioned no matter how the vote is today that they it needs to be residential houses on a major uh arterial road. I think the plan was residential behind there all with the beat and bow with the potential properties between the easements with some type of maybe lesser commercial buffering right there. And so with that I'm not in support of the heavy commercial but I'm not going to say that if it does not pass today if Mr. pain brings back something ever with a little bit lower zoning request for some type of lighter commercial that I wouldn't support that because I do think eventually that's what is going to go there. So I can't speak for the rest of council but for the heavy commercial I can't be in support of that today just with how the residential has grown up around it. I do think it will be some type of commercial one day just a little bit lighter. >> Mr. Rose, >> thank you, mayor, and um thank you for um the citizens that that showed up, even if you don't live um in the city of Levik. We know you're um do business and go to church here and um and I appreciate uh Mr. Payne uh coming up here and um at least, you know, giving your side of the story. Um and and Council Member Wilson kind of put it um right. I mean, this is an arterial road regardless if you know it is in the county, so this is not the responsibility of the city. Um, but it's it's going to be an arterial road that's big. Um, so I have to look at things like 82nd Street, um, 98th Street. Um, we've got, you know, we've got a mix of, um, commercial stuff, gas stations, um, you know, business fronts, uh, with some residential thrown in there. Um, and so it's it's definitely not going to be residential like like council member uh Wilson said. I when when I drive down Woodro, I mean it is in fact the I mean it's a dangerous street. I mean we all know it. But um you know developing something across the street is it's it's definitely not going to make it um any any less any less dangerous. I mean it's it's already dangerous. I mean, we look at it and we're, you know, we're kind of making the argument that it's a quaint little residential street, and that's just not the case. I mean, half the homes back there have giant barns behind them with 20ft trailers and horse trailers, and we've got even down the street directly across from the development is a is a pretty large woodworking um company. So, I mean, to say that it's, you know, just a a quaint residential street is just not the case. It's a dangerous street. Um, but I do have to look at uh, you know, other roads that we have in 98th and every and uh, you know, 34th Street. We don't have it's not like we've got a lot of um, uh, industrial manufacturing going on right there either. So, um, frankly, like I said last week, if I if I land on the fence on something, I've I'm going to heir to the side of what the planning and zoning commission um recommended. So, um that's where I'm going to land on this, but um like like Dr. Wilson said, it's to think that this is going to be because there's going to be something come back. These are all going to come back and to think that this is going to be just all residential is just just not the case. Just so everybody knows, this is this is a commercial tract and that's that's probably what's going to end up there. >> Mr. Gene with a zone change, the really the only consideration is what is the appropriate category of use for that land. And so it's outside the scope of a zone change request to consider whether or not there's demand for the land or if we have enough commercial land in other places and and we're also not looking at the traffic infrastructure in the nearby area. It's really just a consideration of what is the category of land use. Uh I don't want I don't want to harp on it, but the fact that this is located on a major arterial street shows that it's going to be developed as commercial property at some point. That's economically what the market demands and that's also consistently what we've done across the city. So it'll it'll look like 34th, 50th, 82nd, 98th, any of these other major streets in the city. Um, and you can see some of the other examples on Wood Railroad of of what the market demand for this type of location is. But one advantage of allowing this land to be developed in the city is that it's going to address many of the concerns that the residents have brought up. And so, for example, with the water, the city's not going to permit the property without engineering studies that show that there will not be any water runoff on the neighboring land. Um, the lighting is is a good example, too, that I wanted to address. And ma'am, I can't see. Oh, there you are. So, on your example number three, you you highlighted these shops that are just south of the school on Woodro um closer to Indiana, between Indiana and Quaker. That property is outside the city limits. And those types of lights, as I understand it, wouldn't be permitted under city ordinances. So before there's any sort of permitting issued for under uh land in the city, they would have to make sure that they're not going to be angling those lights onto their neighbors in the same way that that property that you showed as an example is they're able to do that because that development is taking place in the county without any sort of sort of rules. And so that's why I say I think there's a real advantage to allowing this development to move forward in the city. Um the other advantage of of what Mr. Payne has suggested is the deed restrictions. Um these deed restrictions will limit it to auto commercial and neighborhood commercial with the one exception being a contractor's shop or service yard. Um that really does limit it to lighter commercial. That's going to be higherend development. It's going to be a little bit more valuable, a little bit more retail oriented and it's going to be more desirable to be adjacent to as a neighbor. Um, Mr. Payne I is a person who I think by reputation keeps his word and for those of y'all who don't know him, he has too much business with the city to to break his word on on one particular zone change. So I have a high degree of confidence that the the deed restrictions will go forward as he's proposed. But what what we hadn't talked about is the alternative of what if this project does not go forward in the city. Uh land owners can now deanex from the city. So for example, tomorrow Mr. Payne could go and take this property outside of the city, take it back to the county. He can take him take the land outside the jurisdiction of the city of Levik and develop the property as he wants to. Now, there's some drawbacks to that. You know, for example, access to utilities like water. And so, if I was going to guess, what I would expect is that if you take this land out of development from the city, you're going to get a more intense commercial use that's less desirable to be neighbors. So, it's much more likely to be warehouses, shopyards, um sort of, you know, bordering on the side of industrial because if this is in the county, they can do whatever they want to. and if it's in the county, they won't have as many options to develop this as a as a desirable retail location. Uh and so I think that it's very realistic consider to consider this a a best-case outcome for the development of the land. Uh especially in comparison to the alternatives if if we do not um allow it to to develop as some sort of commercial property. So, um I feel that the land uses are appropriate and this is going to be a the best use for the land and the neighborhood going forward. >> Mayor Pot, >> y'all sitting next to David, he copies all of my notes. I'm just going to say that. No, but seriously, I think um one of the things that I I took the time to drive that road and have done it a few times. No question there is it is there there's a need for some speed limit adjustments and there don't drive it at night. it is completely dark and I really feel for the folks that live in that area but that's part of also being in the county and so one of the things that like David said or Councilman um Glashine said is that the adjustment to the deeds and I think that really speaks that he's trying to work with the neighbors and address that situation. I don't like with Jennifer or Councilwoman Wilson, I don't believe there should be any housing behind that area. I think we need to really look into that. But the other part is that the thousand homes that are coming in that is going to definitely create more traffic. And I think that when you put a property like or build homes like that, it there is also other things that come with it. You're going to see probably an improvement in lighting and in the city that is and some adjustments with signage or stop sign speed limit. So that is a positive. Now I I hate that to see the increase in the traffic, but I'm assuming that a lot of those kids will be going towards um Liberty School. So that would be going east on Wil or Wilson on Woodrow. And that does concern me a little bit. But I do feel that between the ply lake, the adjustments, I feel like Mr. Payne is making the effort to meet the people in the area halfway. And I would hope that there will be some more opportunity for discussion. And you know, Mr. Payne, these are also some very high dollar homes. These folks worked very hard to be included in the city limits and I know how hard they worked for that. So, I do hope that you'll take that into consideration whenever you're working with potential developers because I don't think that it will be fair to all of the efforts that they put into. Thank you, >> M. Mr. Collins. Thank you, Mayor. As we sit here with as as a council and consider planning and zoning cases, these are most difficult cases that we address. These are the most challenging decisions that I think we have to make because they affect individuals. They do affect your homes. Uh and and but we're we're asked to make those decisions. Um we're asked to make those decisions very often and it's and it's always difficult for me. So as uh we talk about this a little further, understand our thought processes or at least our concerns as we uh go both ways between the idea of development and the necessary development that allows us to get as close to a no new revenue tax rate as possible. It is only because of new development. And so we have a we have a vested interest in in enhancing development. Um, my challenge with this one particularly is that we don't know what's going to be put there and we don't know how that might impact traffic. And and but opposite to your point, heavy commercial may have significantly less traffic than auto urban. You put a Chick-fil-A on that road and you know what the traffic's going to be like. But if you put a heavy commercial development there, it may be five employees that drive that road every day and that's all. It may not be uh I mean you have the opportunity with 10 acres, you have the opportunity for a grocery store on that corner. What kind of traffic is that going to do in comparison to a construction shop? Maybe the grocery store is going to look pretty. Absolutely. But the traffic may be different. And so those are the concerns. Now, I point that out to ask Mr. Mr. Payne to maybe be able to come back and say this is the intended use and this is how much of this we need because we have a buyer in mind. What I have challenges with is just blanketly saying we're going to do this. As we've dealt with uh highdensity residential in a couple of locations in the city, we had very clear and very definitive plans about what the developer was going to do. and we were able to ask certain things of him to ensure that it was the least invasive, the most appropriate development for that property. And and we as a council approved two different projects uh to some degree over the objection of the neighborhoods, but we have some assurance that that property is going to be well done and very appropriate. And so it was a little easier to make that decision. Um I sit here today still doing this. You can see my hands from back there. I'm still doing this because this is such a it's I don't know the right decision. >> I'm going to ask you to make that in a minute. >> I know you are and and that and that's uh that's that's the challenge because I do appreciate you folks and I do understand the work that's gone into properties and and your homes and the interest that you have. I don't know because we don't know what the development might be. It's hard for me to say, "Oh, it's not as it's not what you think. It's not as bad as you think." But I can't say that it isn't because we don't know. And so, you know, I put that back to the developer a little bit and and maybe say when we can come back with information, when we can come back with a a definitive answer, then maybe we can have a little better a better decision-m process. This is this is just hard. I hope you understand that for all of us. This is hard. Mr. Collins, I thought you were going to do the 67 thing there for a minute there. Okay. All right. >> It's already up. >> All right. Is it already? I see how I am. Mr. Gusheen. >> Yeah. By the time that we know about it, it's not cool. >> You know, Mr. Collins, I I would respectfully disagree with you on at the idea that we need to know what the specific use is before we zone it. And and I understand where you're coming from because it's easier to imagine, but but zoning does give us those categories of uses. And so maybe we don't know that it's going to be a Chick-fil-A, for example, but we do know generally what it's going to be. And it it would be impossible for us as a city to set set zoning if we waited until there was a specific user in line. You we wouldn't be able to zone entire tracks at a time like we do. And it would slow down the the flow of of business and development far too much. So that's that is the purpose of zoning is to give these general ranges of what the land uses are. And so I don't I don't think that it would be appropriate to wait until we have uh specific individual users to make a decision on zoning. Mayor Bro, >> on that note, I also want to say that, you know, our staff was in approval of this and I think in part because we deal with a case-byase um issue and I think that they're also very committed to making sure that we are careful of what is placed and what is not or they vet it before it comes to us. So I think that also is very important to acknowledge that our staff does not just let anything happen. And so I appreciate that and you know I just think it's important and I I trust in them and that's the other reason that you know I am going to support this. >> Anyone else before I say my piece? All right. Uh, one of the pleasures of working with this council is how thoughtful they are about these matters. Um, and as Mr. Collins said, when people's homes are at stake, it's a particularly u difficult decision to make when we are charged with trying to do what's best for the city and make the best and most reasonable use of property. I think what all of us are trying to do, and I have no idea how this vote's going to go today because we can't discuss it in advance. We'll figure it out here in a minute when that vote is cast, but try to manage your expectations about this piece of property. I think everybody else has given you the indication it is going to be developed. It's not going to be houses, it will be businesses. And what we're trying to do is make the best decision about what businesses are appropriate along something that's a major arterial in the city. And uh it's our job and our obligation to uh allow for the most reasonable and beneficial development of the city of Lev. And that's not to dismiss the concerns of people who live outside the city of Lev, but our main concern as people who are elected here are to answer to the citizens of Lach and what's important to them. So I just I hope you understand where we have to come from even having heard you. Um, I will also say that once this piece of property gets developed, that probably is going to help in some ways, it may seem counterintuitive to reduce the speed. One of the reasons I think it's set so high at the moment is there is nothing along it. And that's when you have high speed limits. When you develop it, the speed limits come down. And uh, so these are just kind of the concerns that have to go through our heads. I agree 100% with David and it took me a while to come to this conclusion. Our job here is to establish what's an appropriate zoning for a piece of property, not to get into what particularly is going to go on that property. Um, that's not really our business. And so as I sitting here today, I would say if we were being asked to make it heavy commercial, I would not think that was appropriate. I would think um neighborhood commercial, auto urban commercial would be the more appropriate use of it. What we have before us today though is something I've never seen before. Someone coming to us with a deed restriction on that. And I have a lot of questions about whether or not I should even have that going through my mind. But as Mr. Goshin said, I think this may be the best thing that can happen to develop this particular piece of property. He does have the option of disanexing it. Total right >> and then there is no control over what goes there. And I don't think any of you would want that result at the end of the day. Um, it's interesting that what is put in is limiting it to what is appropriate for auto commercial and neighborhood commercial with that one little exception of contractor shop or service yard. Um, I just don't know that we can get a better use for this property. I understand your concerns. Um, but I think this is the best situation we're going to be facing. Um and so I will uh be supportive of it um believing it will address the speed problems as it's developed. That's what causes us to reduce speed limits uh when places are developed. If there's no development going along, it's 65 m an hour. So um I hope you can see that and I hope you can also see that all of us are really trying to balance all these concerns. And Mr. Rose, I see you still have a comment. Well, I just wanted to follow up, mayor, with um we were, you know, there were some comments made about um the city staff um making recommendation on this, but let's not forget about our planning and zoning commission, and there was a lot of belly aching when I moved to um you know, take away the um the majority threshold on this. So, um I just before we move forward, uh what looks like that we're going to uh supersede the what the planning and zoning commission looked at and did um and they they a lot of them do this for a living. So, um I'm just throwing that out there. And deed restrictions while Mr. paying it. I think it really tried with the deed restrictions, but I have to look at this with my city hat on and we don't zone things with deed restrictions. That's like privatizing your zoning. And then what do you have then? Um so just my final comments. All right. Um any other questions? All right. We do have a motion in a second, don't we? I forgotten that was a long time ago. All right. So, um, let's bring this up for a recorded vote so I can see because I think this will be a divided vote. So, let's just see how it goes. So, what you're voting for is to approve this um zoning for that piece of property. All right, that passes 4 to three. All right, having exhausted all items on our agenda, this meeting is adjourned.