4. Public hearing and consider an ordinance to rezone the property described as Lot 1 Block 1 Harwood 121 Addition, located at 3501 Harwood Road, from Heavy Commercial within the Master Highway Corridor Overlay (H/MHC) to Heavy Commercial within the Master Highway Corridor Overlay/Specific Use Permit/Full-Service Gasoline Service Station with Convenience Store. (PZ-SUP-2022-500013) (Item was recommended for approval by the Planning and Zoning Commission by a vote of 5-0-0)

[4. Public hearing and consider an ordinance to rezone the property described as Lot 1 Block 1 Harwood 121 Addition, located at 3501 Harwood Road, from Heavy Commercial within the Master Highway Corridor Overlay (H/MHC) to Heavy Commercial within the Master Highway Corridor Overlay/Specific Use Permit/Full-Service Gasoline Service Station with Convenience Store. (PZ-SUP-2022-500013) (Item was recommended for approval by the Planning and Zoning Commission by a vote of 5-0-0)]

SO NEXT UP NEW BUSINESS ITEM FOUR.

WE HAVE A PUBLIC HEARING TO CONSIDER, AN ORDINANCE TO RAISE ON THE PROPERTY DESCRIBED AS LOT ONE BLOCK ONE HARWOOD 121 EDITION LOCATED AT 3501 HARWOOD ROAD FROM HEAVY COMMERCIAL WITHIN THE MASTER HIGHWAY CORRIDOR OVERLAY TO HEAVY COMMERCIAL WITHIN THE MASTER HIGHWAY CORRIDOR OVERLAY SLASH SPECIFIC USE PERMIT SLASH FULL SERVICE GASOLINE SERVICE STATION WITH CONVENIENCE STORE.

SO I'LL GIVE YOU A PLANNING MANAGER.

WEST MORRISON.

THANK YOU, MR. MAYOR. COUNCIL MEMBERS THIS IS A REQUEST FOR A 200 AND I'M SORRY, 2800 SQUARE FOOT CONVENIENCE STORE WITH GAS CELLS. SITES LOCATED AT THE CORNER OF HARWOOD AND 121. PREVIOUSLY IT WAS A CONVENIENCE STORE AS WELL.

IT WAS GRANDFATHERED IN, SO IT DIDN'T REQUIRE THE SUPS.

THAT'S WHY SINCE THEY'VE TURNED IT DOWN AND THEY'RE CLEARING THE SITE, THAT'S WHY THE SUP WAS TRIGGERED.

ALSO, THIS IS IN OUR MASTER HIGHWAY CORRIDOR OVERLAY, WHICH REQUIRES A SITE PLAN APPROVAL BY COUNCIL AS WELL.

SO WE'RE REALLY KILLING TWO BIRDS WITH ONE STONE HERE.

AGAIN, IT'S 2800 SQUARE FEET, EIGHT FUEL PUMPS AND LOCATED IN THE OVERLAY.

JUST TO GIVE YOU AN IDEA ON THE SITE, MAJOR CHANGES ON THE SITE.

OBVIOUSLY, IT'S BEEN CLEARED ACCESS TO THE SITE FROM HARWOOD.

RIGHT NOW, THERE ARE TWO ACCESS POINTS.

THEY'RE MOVING DOWN TO ONE.

SO THERE'S ONLY BE ONE DRIVEWAY ON OFF OF HARWOOD AND THEN THEY'RE KEEPING THE TWO ON THE FRONTAGE ROAD PRIMARILY.

SO THEY DIDN'T HAVE TO WORK WITH TXDOT.

JUST THE PROJECT GOES FASTER THAT WAY.

SO BUT IT'S THREE 800 SQUARE FEET AND EIGHT FUEL PUMPS.

SO 16 SPACES FOR CARS TO PARK THERE.

GIVE YOU A LITTLE BIT OF IDEA OF WHAT THE BUILDING IS GOING TO LOOK LIKE.

IT IS GOING TO MEET ALL OF OUR STANDARDS IN THE OVERLAY DISTRICT.

SO FULL MASONRY BUILDING, INCLUDING THE COLUMNS ON THE CANOPY AND THE TAPERED ROOF.

WHEN YOU'RE LOOKING AT SUPS, I KNOW YOU'LL KNOW THIS, BUT WE ALWAYS MAKE SURE THAT THE USE IS COMPATIBLE, CONSIDERING THE USE HAS BEEN A CONVENIENCE STORE WITH GAS CELLS FOR ABOUT 30 OR MORE YEARS, THE SITE REALLY HAD THE AREA HASN'T CHANGED TOO MUCH UNTIL THE FUTURE COMES WHICH WE'VE GOT FUTURE SINGLE FAMILY RESIDENTIAL FURTHER TO THE EAST FUTURE OFFICE WAREHOUSE OFFICE SHOWROOM TO THE SOUTH THERE AND THEN TO THE NORTH IS STILL FAST FOOD OR DRIVE THRU RESTAURANT AND A SHOPPING CENTER.

WE DID PUBLIC NOTICE ON THE REQUEST OF FIVE ADJOINING PROPERTY OWNERS WERE NOTIFIED.

WE RECEIVED NO RESPONSE BACK IN FAVOR OR AGAINST THE REQUESTS AND PLANNING AND ZONING COMMISSION RECOMMENDED A VOTE OF APPROVAL ON THEIR AT THEIR PUBLIC HEARING IN MARCH SOON.

TONIGHT YOU'LL CONDUCT YOUR PUBLIC HEARING TAKE COMMENTS YOU CAN ALWAYS APPROVE, APPROVE CONDITIONS TABLE OR DENY HOW YOU SEE FIT.

I CAN ANSWER YOUR QUESTIONS. YOU HAVE VERY GOOD COUNSEL.

ANY QUESTIONS BEFORE WE PROCEED WITH THE PUBLIC HEARING? JUST TEAR IT UP WEST.

SORRY. OKAY. DON'T TOUCH THE MICROPHONE THOUGH.

I'M NOT TOUCH ANYTHING. COUNCIL MEMBER I HAVE TO COUNT NOW.

COUNCIL MEMBER STEVES.

LANDSCAPING IS WHAT THEY HAVE PLANNED BECAUSE IT'S A VERY VISIBLE SPOT RIGHT THERE.

YES, THEY'RE THERE.

THE ORDINANCE REQUIRES A MINIMUM 20% OPEN SPACE LANDSCAPED AREA.

THEY'RE PROVIDING 32%.

40 OF THAT 32% IS GOING TO BE IN THE FRONT YARD.

SO IT'S GOING TO BE ALONG HARWOOD AND FRONTAGE ROAD OF 121.

SO IT'S ESSENTIALLY THEY'RE GOING TO HAVE A CONTINUOUS ROW OF SHRUBS.

IT'S IN THE 90 AROUND 90 SHRUBS THAT BE PLANTED ALONG HARWOOD AND 121 FRONTAGE ROAD AND THEN THEY'LL HAVE 17 TREES.

SO THE GOAL THERE IS TO TRY TO BLOCK AND SCREEN THE USE FROM THE RIGHT OF WAY, WHICH SHOULD LOOK A LOT BETTER THAN IT HAS [INAUDIBLE].

YES, SIR. YES, SIR.

[00:25:04]

THANK YOU, MR. STEVE. SO HOW MANY ACRES IS THIS FOOTPRINT? IT'S. IT'S JUST UNDER ONE ACRE, I BELIEVE.

IT'S I THINK IT'S WELL, JUST OVER ONE ACRE.

I'M SORRY, 44,000 SQUARE FEET, I BELIEVE.

AND DID THE APPLICANT ALREADY PURCHASED THE PROPERTY? I BELIEVE THEY HAVE. OKAY.

ANY OTHER QUESTIONS BEFORE WE PROCEED? SO THIS IS A PUBLIC HEARING.

WE'RE GOING TO OPEN THIS UP FOR INPUT FROM THE PUBLIC.

YES, SIR. I'M GOING TO OPEN THE PUBLIC HEARING AT 6:26.

ANYONE WHO HAS ANYTHING LIKE TO HAVE THIS CONVERSATION, PLEASE COME UP TO THE DAIS.

[INAUDIBLE]. THANK YOU, MR. MAYOR. MEMBERS COUNCIL.

I'M ROGER [INAUDIBLE], LIVE AT 4013 FAIRMONT COURT, FAIRMONT VILLAS.

WHEN THE FORMER GAS STATION CONVENIENCE STORE WAS TORN DOWN, I THOUGHT, WE'RE GOING TO GET SOMETHING KIND OF COOL ON THAT CORNER.

AND SO I INQUIRED AND WE'RE GOING BACK WITH BASICALLY WHAT WE HAD BEFORE OUR GAS STATION CONVENIENCE STORE.

IT MIGHT BE A LITTLE DRESSIER BECAUSE OF THE HIGHWAY OVERLAY DISTRICT WITH THE PITCHED ROOF AND MORE LANDSCAPING.

BUT NO MATTER HOW YOU SLICE IT OR DICE IT, IT'S A GAS STATION AND CONVENIENCE STORE.

A LOT OF US HAVE LIVED HERE LONG ENOUGH TO REMEMBER CENTRAL AND HARWOOD WHERE WE OVERPOPULATE IT WITH GAS STATIONS AND NOW WE'RE DOWN TO ONE.

IN THE NOT TOO DISTANT FUTURE, ROCK ISLAND [INAUDIBLE] IS GOING TO BE MOVING IN ACROSS THE STREET AND SPENDING AT LEAST $5 MILLION ON THAT FORMER WALMART BUILDING AND THAT SHOPPING CENTER AND UPSCALING IT.

THEY'RE ALSO GOING TO BE BRINGING IN CLIENTELE THAT ARE GOING TO BE BUYING, IN SOME CASES, SIX FIGURE MILITARY ITEMS, WHETHER NAPOLEON, DUELING SWORDS OR ANYTHING IN THAT, YOU KNOW, A PARTICULAR WEAPON OR SO ON AND SO FORTH.

THEY'RE COLLECTIBLES.

AND SO THEY'RE GOING TO CHANGE THE COMPOSITION OF THAT.

AND I'M REALLY PLEASED AND I'M REALLY PLEASED WITH ALL THE FOLKS AT THE CITY WHO ARE INVOLVED IN BRINGING THAT TO US.

I DON'T HAVE ANYTHING AGAINST MURPHY OIL.

THEY'RE JUST ANOTHER COMPANY.

BUT WE'VE GOT ONE AT THE WALMART JUST OFF OF [INAUDIBLE].

SO IT'S NOT LIKE THEY'RE NOT IN THE AREA.

THEY'RE EVEN FARTHER UP THE ROAD.

IT'S IN GRAPEVINE OFF OF PAUL JOHNSON.

AND THE OTHER THING I WANT TO MENTION TO YOU, YOU KNOW, I THINK I KNOW THIS COUNCIL PRETTY WELL.

I KNOW ALL YOU, YOU KNOW ME AND WE'RE LOOKING TO MOVE THIS TOWN FORWARD.

AND LIKE IT OR NOT, WE'RE MOVING OUT OF THE INTERNAL COMBUSTION ENGINE TO EVS.

I JUST SAW THE CEO OF VOLKSWAGEN SAY BY THE YEAR 2030, WHICH IS ONLY EIGHT YEARS AWAY, 50% OF THE CARS THAT THEY MANUFACTURE, BE THEY VOLKSWAGENS [INAUDIBLE] ODD.

[INAUDIBLE] PORSCHE AND THEY HAD SOME OTHER HIGH END CARS WILL BE EVS.

GM HAS STATED THEY WILL BE ALL EVS.

THAT'S ALL THEY'LL MANUFACTURE BY THE YEAR 2035.

FORD TODAY ACTUALLY TODAY ROLLED OUT THEIR NEW FORD F-150 LIGHTNING PICKUP.

THEY'VE HAD TO INCREASE THEIR PRODUCTION AMOUNT BECAUSE OF THE DEMAND.

AND I DON'T OWN A TRUCK, I OWN A RIG OR CAR.

BUT IF YOU'RE NOT AWARE, THE F-150 IS THE TOP SELLING VEHICLE IN THE UNITED STATES.

SO FORD'S MAKING A COMMITMENT TO THIS.

THIS IS HAPPENING WHETHER WE LIKE IT OR NOT.

SO LOOKING TOWARDS THE FUTURE, ARE WE GOING TO PUT IN A GAS STATION AND SO ON AND SO FORTH? AND THEN SO MANY YEARS DOWN THE ROAD, WE'LL BE TAKING IT OUT BECAUSE WE WON'T HAVE THE TRAFFIC THERE.

WE'LL HAVE TRAFFIC, BUT NOT THE DEMAND FOR GASOLINE.

I'VE BEEN IN HOME DEPOT AND LOWE'S OVER THE LAST COUPLE OF WEEKS.

AND I WALK IN BECAUSE OF YOU THAT KNOW, ME KNOW.

THE GARDEN SECTION ATTRACTS ME AND I WALKED THROUGH AND ALL THE MOTORS ARE ELECTRIC POWERED.

THEY HAVE A BATTERY WITH THEM.

YOU DON'T POUR GASOLINE IN THEM ANYMORE.

AND THINGS ARE CHANGING.

AND THE QUESTION GOES, WELL, WHAT COULD GO ON THAT CORNER? AND I REMEMBER I DON'T KNOW IF MRS. CULVER REMEMBERS IT, BUT SHE SAID WHEN THE 711 WAS GOING IN, ARE WE GOING TO GET A WINE BAR IN IT? AND THE REPRESENTATIVE SAID, NO, THAT'S JUST A PROTOTYPE.

I THINK THIS IS CALLED HER WAS DISAPPOINTED THAT WE WEREN'T GETTING THAT.

SO ON THAT CORNER, COULD YOU PUT A COFFEE WINE BISTRO WHERE THEY WERE SERVING COFFEE AND ASSOCIATED PASTRIES WITH THAT IN THE MORNING AND WINE IN THE EVENING FOR SOME OF THESE HIGH END CLIENTS THAT ARE GOING TO BE COMING IN PATRONIZING ACROSS THE STREET.

YOU KNOW, MY WIFE, SHE MENTIONED A CORNER BAKERY.

THERE'S A QUESTION ABOUT HOW MUCH PARKING DO WE HAVE? THERE'S A LOT NORTH OF IT.

WELL [INAUDIBLE].

IT WAS GREEN GRASS AND IT'S OWNED BY THE BURGER STREET RESTAURANT.

I CHECKED THAT OUT.

YOU COULD HAVE ADDITIONAL PARKING THERE.

AND RECENTLY YOU APPOINTED SOME NEW FOLKS TO P AND Z.

[00:30:06]

AND ONE OF YOUR REASONS FOR APPOINTING THEM WAS NOT JUST TO SAY, WELL, OKAY, IF IT'S HEAVY COMMERCIAL, PASS IT THROUGH.

WEST CAN DO THAT.

HE KNOWS YOU KNOW HE KNOWS WHAT'S MD THREE MD FOR SERVICE, COMMERCIAL AND SO ON AND SO FORTH.

YOU'RE TRYING TO IMPROVE THIS CITY.

YOU'RE TRYING TO TAKE THIS CITY FORWARD FROM YEARS OF MEDIOCRITY.

AND YOU'VE HEARD ME SAY THAT BEFORE, AND I'VE PUT IT IN WRITING, SO I WOULD LIKE YOU TO DENY OR AT THE LEAST TABLE THIS. SO MAYBE YOU CAN DISCUSS IT A LITTLE MORE.

AND LOOK, THERE IS A FUTURE AND WHAT YOU WANT TO DO WITH THAT CORNER.

AND I REALIZE MURPHY BOUGHT IT, BUT YOU KNOW, WHEN YOU'RE IN A BUSINESS, YOU TAKE A CERTAIN AMOUNT OF RISK.

AND I WOULD THINK THAT CORNER WOULD BE HIGHLY MARKETABLE.

THEY WOULD SELL IT IF THEY COULDN'T BUILD A GAS STATION AND CONVENIENCE STORE ON IT.

SO I WOULD CERTAINLY LIKE YOU TO CONSIDER IT AND DO SOMETHING BETTER.

AND BECAUSE IF WE END UP DOING IT AND EIGHT OR TEN YEARS FROM NOW, THERE'S NOT THE DEMAND AND THEY'RE MOVING OUT, WE'RE GOING TO DO IT ANYWAY.

AND SO I WISH YOU'D TAKE A LOOK AT THAT AND SUM THAT UP.

AND THANK YOU VERY MUCH AGAIN.

THANK YOU, ROGER. ANYONE ELSE HAVE ANY SUGGESTIONS OR COMMENTS? GOING ONCE, GOING TWICE.

LET'S CLOSE A PUBLIC HEARING AT 6:31.

COUNCIL MEMBER CULVER.

I WOULD LIKE AN OPPORTUNITY TO EXPLAIN MYSELF ON THE 7-ELEVEN [LAUGHTER] AT THE TIME THAT THE 7-ELEVEN REPRESENTATIVES CAME TO US OFFERING OUR WANTING TO PUT THAT BUSINESS IN ON THAT CORNER.

THERE HAD JUST BEEN A HUGE NEWS ARTICLE OUT OF THE DALLAS MORNING NEWS WHERE THE NEWEST 7-ELEVEN LOCATING IN DALLAS WAS GOING TO HAVE A WINE BAR.

SO, OF COURSE, I ASKED IF WE WERE GOING TO HAVE ONE IN OUR LOCATION HERE AND WAS DENIED.

SO ANYWAY, THAT'S THE STORY BEHIND THAT.

I JUST THOUGHT WE SHOULD HAVE WHAT DALLAS HAS.

THANK YOU, ROGER. THANK YOU FOR THAT CLARIFICATION, COUNCIL.

ANY THOUGHTS? QUESTIONS.

COMMENTS, SUGGESTIONS, MOTIONS.

I'M TRYING TO FIGURE OUT THIS FANCY SYSTEM HERE.

LOOK WHAT I CAN SING.

I'LL GO. I'LL GO AGAIN.

OKAY. COUNCIL MEMBER CULVER.

THANK YOU. I AGREE WITH EVERYTHING YOU'RE SAYING, ROGER.

THE FUTURE IS MOVING ON.

IT'S MOVING TOWARDS ELECTRICAL VEHICLES, BUT WE'RE NOT THERE, YOU KNOW? AND SO, THEREFORE, THERE ARE A LOT OF CARS THAT ARE STILL USING GASOLINE, AND THEY DO NEED THE CONVENIENCE OF HAVING TO HAVE THAT FUEL TYPE PROVIDED FOR THEM.

IT HAS BEEN A GAS STATION IN THE PAST.

I GUESS MAYBE WE CAN HOPE THEY'LL ADDED WINE BAR.

I DON'T KNOW. BUT I REALLY DON'T SEE A REASON THAT WE SHOULD DENY THIS. I'D LOVE TO IN SOME ASPECTS TO SAY YES, THERE'S SOMETHING ELSE THAT WE WOULD LIKE TO HAVE THERE, BISTRO OR WHATEVER.

BUT NOBODY'S COME FORWARD WANTING TO PLACE ANYTHING LIKE THAT.

AND I KNOW ANDREA AND WES WORKS VERY HARD AND TIRELESSLY TO GO OUT AND SOLICIT BUSINESSES TO COME HERE.

SO EVEN STILL AGREEING WITH WHAT YOU'VE SAID, I'M IN FAVOR OF APPROVING THE SUP.

WES. THANK YOU, MS. CULVER. YOU'RE SAYING IT'S A LITTLE OVER AN ACRE? I BELIEVE SO, YES. OKAY.

WHAT IS THE BEST USE OF ONE ACRE ON THE HIGHWAY CORRIDOR? IT'S I MEAN, TYPICALLY IN THIS SITE, YOU'RE LOOKING AT A COFFEE SHOP, CONVENIENCE STORE, SOMETHING SOMETHING OF THAT NATURE TO SAY THAT'S THE BEST USE GIVEN THE TRAFFIC CIRCULATIONS OR ANYTHING, IT MAKES SENSE.

IF YOU'RE GOING TO DO A BRICK AND MORTAR OR FAST FOOD, CAN YOU PUT THAT ON AN ACRE? YES, GENERALLY SPEAKING.

ALL RIGHT. IF YOU'RE GOING TO DO A SIT DOWN CASUAL RESTAURANT.

CAN YOU DO THAT ON AN ACRE? TYPICALLY NOT. OKAY.

CAN YOU PUT AN OFFICE BUILDING ON AN ACRE? YOU CAN. IT'S GOING TO BE A SMALL OFFICE BUILDING WITH PARKING REQUIREMENTS AND REQUIREMENTS AND EVERYTHING.

BUT IT WOULD BE A SMALLER ONE.

OKAY. GOT IT. IS THE APPLICANT HERE? I DON'T KNOW. THE APPLICANT WAS PLANNING TO BE HERE.

WE HAVE SOMEBODY HERE. DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? COUNCIL. ALL RIGHT.

GOOD TO SEE YOU GUYS. THANKS FOR COMING.

ALL RIGHT, COUNCIL, WE'VE GOT TO MAKE A MOTION HERE TO EITHER APPROVE OR DENY OR TABLE.

[00:35:01]

WE'VE GOT A MOTION TO APPROVE FROM COUNCIL MEMBER CULVER.

DO WE HAVE A SECOND? A SECOND FROM COUNCIL MEMBER STEVES.

LET'S USE THIS THING TO VOTE.

OKAY. THAT'S UNANIMOUS, SIX ZERO.

SO THAT WAS ONLY A 200,000 VOTE SINCE WE'VE USED THIS THING TWICE.

SO THANK YOU, COUNCIL.

THANK YOU, STAFF. I APPRECIATE EVERYONE'S HELP ON THAT.

THANK YOU FOR THE INPUT, [INAUDIBLE].

[5. Consider an ordinance amending Chapter 82 – “Offenses and Miscellaneous Provisions,” Article III “Smoking,” Section 82-73 “Food Products Establishment” of the City of Bedford Code of Ordinances; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing a penalty clause; and providing an effective date.]

ITEM FIVE, WE'RE GOING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 82 OFFENSES AND MISCELLANEOUS PROVISIONS.

ARTICLE THREE SMOKING SECTION 82-73 FOOD PRODUCTS, ESTABLISHMENT OF THE CITY OF BEDFORD CODE OF ORDINANCES.

PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.

SO ONCE AGAIN, WES MORRISON.

THANK YOU, MR. MAYOR. COUNCILMEMBERS, A LITTLE BIT OF BACKGROUND ON HOW WE GOT HERE TONIGHT.

WE'VE RECENTLY HAD SEVERAL INQUIRIES REGARDING RESTAURANTS, SMOKING ESTABLISHMENTS, HOOKAH LOUNGES, WHAT HAVE YOU NOT.

SO THAT PROMPTED STAFF TO DO A LITTLE BIT MORE RESEARCH INTO OUR REGULATIONS.

AND WE FOUND, WELL, I GUESS A DEEM IS A LOOPHOLE IN OUR CURRENT REGULATIONS.

IN 2014, THERE WAS A SMOKING WARRANTS THAT WAS PASSED.

AND IT'S CLEAR BY LOOKING AT THOSE DOCUMENTS THAT THE GOAL WAS TO PROHIBIT SMOKING IN RESTAURANTS.

BUT THEY WE BUILT IN A 50% EXEMPTION FOR RESTAURANTS THAT GET 50% OR MORE OF THEIR SALES FROM ALCOHOL SALES. AND THE CAVEAT SAYS THAT OUR ZONING ORDINANCE SAYS YOU CAN BE A RESTAURANT IF YOU GET 75% OR MORE OF YOUR SALES FROM ALCOHOL SALES.

SO THERE'S KIND OF THAT'S THE LOOPHOLE THAT WE'VE KIND OF FOUND IN THERE IS THAT SOME RESTAURANTS ARE GETTING IN AND THEY CAN SMOKE OR THEY MAY BE ABLE TO ALLOW SMOKING, BUT THEY'RE REALLY NOT A RESTAURANT AT THAT POINT.

THEY'RE REALLY A BAR AT THAT POINT.

BUT THEY'RE MEETING THE DEFINITION OF A RESTAURANT, IF THAT MAKES SENSE.

SO THE WHAT WE'RE PROPOSING TONIGHT AND WE'VE DONE SOME RESEARCH AND WE'LL GO THROUGH THAT.

BUT REAL QUICK, WHAT'S THE PROPOSAL IS FOR TONIGHT IS THAT WILL ALLOW THE ORDINANCE YOU HAVE BEFORE YOU ALLOW SMOKING IN RESTAURANTS ONLY IF 50% OR MORE OF ITS SALES COME FROM ALCOHOLIC BEVERAGES AND IT HAD A CERTIFICATE OF OCCUPANCY RECEIVED PRIOR TO TODAY, TODAY OR PRIOR, AND IT ALLOWED SMOKING PRIOR TO TODAY. SO IT REALLY GRANDFATHERED IN EVERYTHING THAT'S EXISTING TODAY THAT YOU CAN DO SMOKING AS LONG AS YOU MEET THOSE THREE CAVEATS.

IT ALSO IN DOING SOME RESEARCH ON THIS, WE FOUND THAT OTHER CITIES HAD A BIGGER DISTANCE BETWEEN WHERE SMOKING ON THE PATIO IS ALLOWED IN RELATION TO THE PRIMARY ENTRANCE OF THE RESTAURANT. SO WE'RE PROPOSING TO INCREASE THAT FROM TEN FEET TO 25 FEET.

TO GIVE YOU A LITTLE BIT OF BACKGROUND AND KIND OF WHAT WE RESEARCHED, WE LOOKED AT THE FOLLOWING CITIES AND SEE WHAT THEY DID AS FAR AS HOW THEY REGULATED SMOKING. THE ONE CAVEAT I WANT TO MAKE HERE, WELL, FIRST THEY TREAT IT.

THEY'RE ALL DIFFERENT. AND WE PUT THE DETAILS IN YOUR IN YOUR BACKUP.

BUT HURST OR EULESS DOES SOMETHING A LITTLE BIT DIFFERENT THAN EVERY CITY THEY DO.

THEY BASE IT OFF OF THEY ALLOW IT IN RESTAURANTS.

BUT IF YOU'RE IN A LINE, A SERVICE LINE OF SOME SORT, THEY DON'T ALLOW IT IN SERVICE LINES.

SO IF YOU'RE IF YOU'RE IN A CLOSE KNIT AREA, THEY WOULDN'T ALLOW IT THERE, BUT THEY ALLOWED AT TABLES AND IT'S UP TO THE PROPERTY OWNER TO ALLOW IT AS WELL.

HURST WAS THEY ALLOWED IT WITHIN 20 FEET.

I'M SORRY, THEY PROHIBITED IT WITHIN 20 FEET OF ANY TYPE OF ENTRANCE AND THEN ALLOWED IT IN CERTAIN OTHER CAVEATS ALSO GAVE SOME EXEMPTIONS TO HOURS OF OPERATION AS WELL.

COLLEYVILLE JUST RUN DOWN.[INAUDIBLE] IT REAL QUICK.

THEY PROHIBITED IN RESTAURANTS THAT HAD A CAPACITY OR WITH CERTAIN EXCEPTIONS, ONE OF THOSE BEING IF THE CAPACITY WAS 25 OR LESS, THEN THEY WOULD ALLOW IT AGAIN.

THE PROPERTY OWNER COULD CHOOSE NOT TO AND THEN IF IT WAS A BAR, SO IF THEY HAD ALCOHOL SALES ASSOCIATED WITH THEIRS AS WELL, NORTH RICHLAND HILLS STRICTLY PROHIBITED IN FOOD ESTABLISHMENTS AND ALSO SAID YOU'VE GOT TO BE WITHIN 25 FEET OF THE ENTRANCE IF YOU'RE ALLOWED ON PATIOS.

ONE OR ONE THING I WANT TO MAKE A CHANGE IN YOUR BACK UP.

IT SAID THAT GRAPEVINE PROHIBITED FOOD ESTABLISHMENTS AFTER DOING SOME MORE RESEARCH.

AND THIS IS PURELY MY FAULT.

THE WAY GRAPEVINE IS WRITTEN IS A LITTLE QUIRKY, TO BE HONEST WITH YOU.

SO WE WENT BACK AND LOOKED WE WE NOW THINK GRAPEVINE ALLOWS SMOKING IN RESTAURANTS BASED ON WHAT WE DETERMINED IN THEIR IN THEIR ORDINANCE TODAY.

SOUTH LAKE COMPLETELY PROHIBITS IT AND KEEPS THE 20 FOOT DISTANCE FROM ANY ENTRANCE.

[00:40:04]

AND THEN COPPELL, WHICH WE KIND OF TALKED ABOUT THE LAST TIME THAT THIS CAME UP IN A DISCUSSION, COPPELL ALLOWS IT ONLY WITH CERTAIN BUILDING IMPROVEMENTS MADE.

SO JUST TO GIVE YOU A RUNDOWN OF WHAT OTHER CITIES ARE DOING.

WE ALSO SURVEYED EXISTING RESTAURANTS, AND WE DID THIS BY SEVERAL.

WE CALLED SOME WE LOOKED ON THEIR FACEBOOK PAGE.

WE LOOKED ON THEIR GOOGLE REVIEWS.

WE DID ALL THAT KIND OF DO A COMPREHENSIVE REVIEW.

ONLY FOUR RESTAURANTS ALLOWED INDOOR SMOKING AND THEN WE HAD ONE THAT ALLOWED IT ON PATIO ONLY.

SO JUST TO GIVE YOU AN IDEA AS TO WHAT THIS THIS WOULD AFFECT IN OUR CURRENT RESTAURANTS, ALSO, I KNOW THERE WAS A PUBLIC COMMENT MADE ABOUT THIS ORDINANCE CHANGE.

I JUST WANT TO CLARIFY, THIS SECTION IS ONLY FOR FOOD ESTABLISHMENTS.

WE HAVE A DIFFERENT SECTION IN THE ORDINANCE THAT ADDRESSES SMOKING IN OTHER PUBLIC PLACES.

SO SMOKING IS NOT JUST ALLOWED ANYWHERE OTHER THAN FOOD ESTABLISHMENTS.

IT'S JUST [INAUDIBLE] THIS SECTION ONLY TONIGHT.

OKAY. THAT'S IT.

THAT'S IT. OKAY. COUNCIL COMMENTS? COUNCIL MEMBER COGAN.

THANK YOU. THANK YOU, MAYOR.

GET USED TO THE SYSTEM, I'M SURE.

SO WITH THIS, RESTAURANTS THAT OBTAIN 50 OVER 50% FROM ALCOHOL SALES, CURRENTLY, THEY'RE GOING TO BE GRANDFATHERED IN.

CORRECT. UNDER THAT CEO CERTIFICATE OF OCCUPANCY.

IS THERE ANY REASON WHY OR ANY SITUATION WHERE THAT CERTIFICATE OF OCCUPANCY WOULD THEN BE CHANGED OR THEY'D HAVE TO GET A NEW ONE? IT'S TIED TO THE BUSINESS AND LOCATION, CORRECT? [INAUDIBLE] TO THIS LOCATION.

HOWEVER, IF OWNERSHIP CHANGES, THAT TYPICALLY REQUIRES A NEW CERTIFICATE OF OCCUPANCY.

OKAY. THOSE ARE REALLY THE BIG ITEMS OF OWNERSHIP.

OR IF THEY CHOOSE TO RELOCATE.

OF COURSE. OF COURSE. RIGHT.

YEAH, RIGHT. NEW LOCATION, OBVIOUSLY.

YES. I WASN'T AWARE THAT CHANGE OF OWNERSHIP WOULD.

CHANGE OWNERSHIP WOULD TRIGGER A NEW [INAUDIBLE] OCCUPANCY.

YES, SIR. OKAY. I FIND, I FOUND IT INTERESTING MENTIONING COPPELL'S AND HOW, YOU KNOW, WE'RE ALLOWING SMOKING.

YOU'RE GOING TO HAVE TO DO X, Y AND Z AND MAKE IT AS RESTRICTIVE AS POSSIBLE.

AND THEN LAST TIME WE BROUGHT THIS UP, I MENTIONED FACT.

I'M LIKE, YOU KNOW WHAT? I HAVE A FEELING THAT BEDFORD IS KIND OF ON AN ISLAND AND AS IT WERE, AND LOOKING AROUND TO SEE, YES, YOU'RE RIGHT, IT IS KIND OF ACROSS THE BOARD.

BUT YOU DO SEE SOME TRENDS IN THERE.

TALKING ABOUT SOUTH LAKE, IT'S PROHIBITED 20 FEET OF ANY ENTRANCE OR EXIT.

NORTH RICHARD HILLS PROHIBITED IN ANY FOOD ESTABLISHMENTS UNLESS THE DESIGNATED OUTDOOR PUBLIC PATIO AREA, WHICH IS KIND OF WHAT WE'RE MEASURING, I'M ASSUMING, IS NORTH RICHLAND HILLS, RIGHT.

WHERE ESSENTIALLY IF THE ORDINANCE SAYS BEFORE YOU DO NOT REPASS, IT WOULD PROHIBIT IT OR ALLOW IT IN PLACE OF PATIOS, FOR INSTANCE.

BUT YOU'D HAVE TO HAVE THAT 25-FOOT DISTANCE BETWEEN THE PATIO AND THE PRIMARY ENTRANCE.

SO FOR ME, IT WAS MENTIONED THAT, YOU KNOW, WE SHOULD MAKE IT AS RESTRICTIVE AS POSSIBLE.

YOU KNOW, I THINK THAT, YOU KNOW, WITH THESE RESTAURANT OWNERS, IT'S TOUGH BECAUSE THEY'VE THEY'VE BEEN HERE AWHILE.

THEY OBVIOUSLY HAVE, YOU KNOW, PATRONS THAT COME AND VISIT.

FOR ME, IT'S KIND OF PERSONAL AS WELL BECAUSE, YOU KNOW, I'VE LOST FAMILY MEMBERS BECAUSE OF THEY WERE SMOKERS.

AND SO IT'S A HARD ONE.

I UNDERSTAND WE HAVE TO BE COGNIZANT OF OUR BUSINESSES AND ALSO PUBLIC HEALTH.

FOR ME, I'M OKAY WITH THESE.

I'M GLAD WE ARE TAKING THIS UP, MAKING IT A LITTLE MORE RESTRICTIVE IN ANTICIPATION OF NEW BUSINESSES.

YOU KNOW, I THINK WE NEED TO REVISIT THIS, THOUGH, IN THE FUTURE JUST TO BUCKLE DOWN EVEN EVEN MORE TO MAKE IT MAYBE PERHAPS EVEN A LITTLE MORE RESTRICTIVE. IS THAT NEXT WEEK? NO, IS IT A YEAR FROM NOW? PROBABLY NOT. BUT I THINK SOMETIME IN THE FUTURE, SEEING AS OTHER CITIES ARE DOING THAT, SOUTH LAKE, NORTH RICHLAND HILLS PERHAPS WE SHOULD EMULATE THAT.

BUT AS OF RIGHT NOW, I'M GOOD WITH THESE CHANGES.

THANK YOU. THANK YOU.

THANK YOU, MR. COGAN.

MAYOR PRO TEM [INAUDIBLE].

NOW YOU'RE ON.

SO YOU'RE SAYING IF, SAY, BIGGS SELLS THE SMOKING DOES NOT GO WITH BIGGS? THAT'S CORRECT. WELL, DOESN'T GO WITH THE OWNERSHIP.

THIS IS THE WAY THIS IS WRITTEN TODAY.

AND IF WHOEVER WAS IF THEY WERE TRYING TO SELL THE PROPERTY TO ANOTHER OWNER THAT WANTS TO HAVE SMOKING, HE WOULDN'T BE ALLOWED TO GET IT.

THE WAY THE ORDINANCE DRAFT IS WRITTEN.

YES, MA'AM. OKAY.

AND WHY ARE WE DOING THIS? BECAUSE IT WAS JUST CONVOLUTED OR IS IT ALSO BECAUSE OF WE'RE TRYING TO KEEP SOMETHING OUT THAT WE DON'T NECESSARILY WANT?

[00:45:08]

I THINK IT COULD BE A COMBINATION.

I DON'T THINK THE BY LOOKING AT PAST RECORDS, I DON'T THINK THE INTENT OF THE COUNCIL THAT ADOPTED THE 2014 ORDINANCE, I DON'T THINK IT WAS THEIR INTENT TO I WASN'T HERE, BUT READING EVERYTHING, IT SEEMED LIKE THEIR GOAL WAS TO PROHIBIT SMOKING IN RESTAURANTS.

AND I THINK THAT THEY THEY BUILT IN THE 50% RULE BASED ON A TABC RULE.

AND SO THAT TELLS ME THAT THEY WERE THINKING OF MORE OF A BAR OR NIGHTTIME, A NIGHTLIFE ESTABLISHMENT RATHER THAN JUST A REGULAR FOOD ESTABLISHMENT.

SO AGAIN, THAT'S ALL OUR EDUCATED GUESS BECAUSE WE WEREN'T THERE.

BUT AND THEN THE THERE ARE SOME USES THAT ARE THAT ARE EYEING A COUPLE OF PLACES THAT WANT TO DO HOOKAH LOUNGES OR OTHER TYPES OF USES THAT WE MAY NOT WANT IN THAT AREA.

SO THAT'S, YOU KNOW, WE MAY NOT WANT A HOOKAH LOUNGE IN A FOOD ESTABLISHMENT.

DOES THIS RESTRICT VAPING ALSO? THIS AMENDMENT DOES NOT MEAN IT.

SMOKING VAPING IS CONSIDERED SMOKING.

SO IT DOES AFFECT THAT THERE WILL BE ANOTHER AMENDMENT THAT'S GOING FOR P AND Z TO THE ZONING ORDINANCE TO KIND OF TIGHTEN THAT UP A LITTLE BIT.

SO WE DO HAVE A HOLE IN THERE THAT'S GOING TO BE A SEPARATE AGENDA ITEM.

BUT VAPING WOULD BE ALLOWED IN THE SAME RESTAURANTS THAT OFFER SMOKING NOW.

YES. I BELIEVE SO.

YES. YES.

OKAY. THAT'S ALL MY QUESTIONS.

THANK YOU. THANK YOU, [INAUDIBLE].

COUNCIL MEMBER STEVES.

YOU HAVE LISTED FIVE BARS, RESTAURANTS, AND YOU HAD MENTIONED YOU HAD VISITED THEIR WEBSITES TO SEE IF THEY ALLOWED.

DID YOU CONTACT ALL THE RESTAURANTS? BECAUSE THERE COULD BE SOME THAT DON'T HAVE A WEBSITE AND ALLOW SMOKING.

WE DON'T KNOW. AND YOU'RE NOT ON THIS LIST? YEAH. IF WE COULD NOT FIND A WEBSITE OR A GOOGLE REVIEW OR A FACEBOOK PAGE THAT SPECIFICALLY SAID THEY ALLOWED SMOKING, WE CALLED.

YOU CALL THEM? YES. AND I THINK WE I THINK THAT NUMBER WAS THAT I THINK IT WAS A TOTAL OF 112 THAT WE, IF I REMEMBER CORRECTLY, GOING, YEAH, 112 IS KIND OF WHAT WE TOUCH BASE WITH SOME SORT OF WAY.

OKAY. THANK YOU. OKAY.

THANK YOU, MR. STEVES. SO WE HAVE MULTIPLE OPTIONS HERE.

ONE IS TO APPROVE AS WRITTEN.

WITH THE CHANGES, WE CAN GO STRICTER.

WE CAN GO LIGHTER.

OR WE CAN DO NOTHING.

CORRECT? YES, SIR. ALL RIGHT.

SO, COUNCIL, WHAT IS YOUR PLEASURE? I'LL BE HONEST WITH YOU. THERE'S A SIDE OF ME INTERESTED IN GETTING STRICTER.

RIGHT NOW. WELL, I'M THE OPPOSITE.

OKAY. ALL RIGHT. ONLY BECAUSE I KNOW SEVERAL BUSINESSES THAT HAVE OPENED UP WITH THE INTENT TO HAVE SMOKERS.

AND I THINK IT'S KIND OF UNFAIR AT THIS POINT.

I MEAN, THIS WAS DONE BACK IN 2014.

THEY WOULD NOT HAVE OPENED HAD THEY KNOWN THAT WE WERE GOING TO CLAMP DOWN ON THEM.

AND THEY I JUST HAPPEN TO KNOW THEY DON'T CARE IF A NON-SMOKER WALKS IN OR NOT.

I MEAN, THAT'S THEIR BUSINESS PLAN.

I MEAN, THEY DON'T WANT TO HEAR IT, JUST DON'T COME IN.

AND SO, I DON'T KNOW, I SORT OF I'M NOT REALLY IN FAVOR OF GRANDFATHERING TYPICALLY, BUT BECAUSE I THINK IT'S KIND OF A BAIT AND SWITCH.

I KIND OF THINK WE JUST LEAVE, OKAY.

WITH, I THINK INCREASING THE DISTANCE TO 10 TO 20.

SEE, SOME OF THESE THINGS ARE HYSTERICAL BECAUSE I DON'T KNOW HOW YOU ENFORCE THEM.

I MEAN, YOU'VE GOT A POLICE OFFICER STANDING OUTSIDE.

BUT I SUPPOSE IT'S A GOOD RECORD.

I'M ASSUMING IT'S A BUILDING INSPECTION ISSUE.

THE DISTANCE REQUIREMENT.

YEAH. IF WE HAD A COMPLAINT, LET'S SAY, I MEAN, IT'S GOING TO BE PRIMARILY COMPLAINT DRIVEN.

AND IF SOMEBODY COMPLAINS THAT PEOPLE ARE SMOKING TOO CLOSE TO THE PRIMARY ENTRANCE, WE'D GO OUT AND WE'D ESSENTIALLY MEASURE THE PATIO DISTANCE AND AND IF WE OBSERVE SMOKING, THEN WE WOULD DEAL WITH THE PROPERTY OWNER AT THAT POINT IN TIME.

YEAH. COUNCIL MEMBER.

COUNCIL MEMBER CULVER.

SO DOES THIS ORDINANCE ONLY DEAL WITH RESTAURANTS? THAT'S IT. YES, MA'AM.

NO OTHER ESTABLISHMENTS? I KNOW THIS ONE. THIS IS UNDER THE FOOD ESTABLISHMENT SECTION, SO.

YES, MA'AM. AND SO HOW MANY DIFFERENT SMOKING ORDINANCES DO WE HAVE? BECAUSE YOU MENTIONED SO AND FORGIVE ME, WE HAVE SO WE HAVE UNDER CHAPTER 82 AND THIS IS MORE DETAIL [INAUDIBLE], BUT UNDER CHAPTER 82, THERE'S ARTICLE THREE THAT SAYS SMOKING.

AND SO YOU HAVE, WHAT, A HANDFUL OF SECTIONS IN THERE.

ONE SECTION IS ENTITLED PROHIBITED IN CERTAIN PUBLIC AREAS, WHICH THAT DEALS WITH VARIOUS PUBLIC AREAS.

ONE IS THE ONE THAT WE'RE TALKING ABOUT SECTION 873 DEALS WITH, SPECIFICALLY FOOD PRODUCT ESTABLISHMENTS.

[00:50:05]

AND THEN WE'VE GOT YEAH, THEN IT GOES INTO POSSESSION OF TOBACCO BY MINORS.

SO I MEAN IT'S ALL COMBINED IN ONE ARTICLE.

IT'S JUST DIFFERENT SECTIONS.

THANK YOU. YES.

COUNCIL MEMBER CULVER.

COUNCIL MEMBER COGAN. I'M SORRY.

THANK YOU. MAYOR. MAYOR, I KNOW YOU MENTIONED THAT YOU WERE INTERESTED IN MAKING EVEN PERHAPS EVEN, YOU KNOW, MORE STRICTER RESTRICTIVE.

MY QUESTION IS FOR [INAUDIBLE], THOUGH, IS THERE A WAY WE COULD FUTURE DATE IT? IF YOU'RE GOING DOWN THAT PATH TO MAKE IT STRICTER SO THAT IT'S NOT IMMEDIATE.

BUT PERHAPS IN THE FUTURE.

YES. YOU COULD ESSENTIALLY ESTABLISH A FUTURE COMPLIANCE DATE.

SO THE THE RULE WOULD BE ADOPTED IMMEDIATELY, BUT THE ORDINANCE WOULD PROVIDE THAT COMPLIANCE ISN'T REQUIRED FOR SIX MONTHS, FOR EXAMPLE.

IS THERE A LIMIT ON THAT TIME? LIKE, THERE REALLY ISN'T.

IT JUST IS UP TO COUNCIL.

ON HOW MUCH TIME YOU WANT TO AFFORD THE BUSINESSES TO REACH COMPLIANCE.

OBVIOUSLY UNDERSTANDING THAT ADOPTING AN IMMEDIATE BAN TONIGHT AND HAVING CODE ENFORCEMENT GO OUT TOMORROW AND SHUT RESTAURANTS DOWN IS PROBABLY NOT PRACTICAL. EXACTLY ADVISABLE.

BUT YEAH.

SO I'M INTERESTED IN ENTERTAINING THAT IF OTHERS ARE.

YEAH, SURE. YEAH. I BROUGHT THAT ISSUE UP TO.

SO WHAT THINK STAFF ASK FOR TONIGHT TOO IS THAT WE'RE SETTING A HARD DATE WITH THIS ORDINANCE.

SO THERE'S NO NEW, NEW RESTAURANTS COMING IN WHO CAN.

RIGHT. TAKE ADVANTAGE OF THE SMOKING? THAT'S CORRECT. SO WE'RE CAPPING IT ESSENTIALLY.

YES. IF WE APPROVE AS WRITTEN.

YES, SIR. SO THAT'S THAT'S PROGRESS.

CORRECT. OKAY.

COUNCIL MEMBER CULVER AGAIN.

I GUESS I WOULD NEED TO BE EDUCATED.

WHY WOULD WE PASS AN ORDINANCE TONIGHT AND THEN? SORRY. WHY WOULD WE PASS AN ORDINANCE TONIGHT AND THEN PRE-DATE IT? THAT WOULD BE COUNCIL'S DECISION.

I MEAN, EDUCATE ME. I DON'T KNOW.

WHAT ARE YOU SUGGEST? I'M SPECULATING TO GIVE THEM TIME TO ADJUST.

FOR FOR THE BUSINESS, FOR THE EXISTING EXISTING DISTANCE.

BUT THEN THAT WOULD LEAVE US OPEN TO NEW RESTAURANTS COMING IN.

WELL, NO, BECAUSE WE'RE APPROVING TONIGHT THAT NO NEW NO NEW RESTAURANTS WOULD BE ABLE TO TAKE ADVANTAGE OF.

PLUS AN EXTENSION FOR EXISTING.

EXISTING. WELL, THAT'S OUR CALL.

IF. WHEN? YES, MAYBE.

NO. COUNCIL MEMBER GAGLIARDI.

OH, THANK YOU SO MUCH MAYOR. [INAUDIBLE].

SO I DON'T KNOW IF YOU KNOW, BUT I LOST MY ANDI THINK COUNCILMAN COGAN.

I LOST MY FATHER TO LUNG CANCER MY FIRST YEAR PHARMACY SCHOOL.

I AM AN ANTI-SMOKER, BUT I FEEL LIKE WE'RE IT'S ALMOST STRANGE THAT WE'RE HAVING THIS CONVERSATION.

I DON'T. YOU KNOW, I'M GOING TO HAVE TO SIDE WITH THE MAYOR PRO TEM, SAY, WELL, YOU KNOW, A LOT OF THESE BUSINESSES, ESPECIALLY THE FIVE THAT WE HAVE, I MEAN, IF I DON'T WANT TO SMELL SMOKE, I DON'T GO TO THAT BUSINESS.

BUT THEY STILL HAVE AS MANY CUSTOMERS THAT THEY NEED TO OPERATE AND MAKE THEIR LIVING.

BUT THERE ARE PLACES THAT I GO BECAUSE OF WHATEVER THE ENVIRONMENT, WHATEVER THAT ENVIRONMENT IS.

IF YOU DON'T HAVE CHILDREN, YOU DON'T GO TO CHUCK E.

CHEESE. IF YOU DO, YOU GO TO CHUCK E.

CHEESE. OH, GOD.

[LAUGHTER] SO.

SO THE SKEE-BALL IS AMAZING.

SO, YOU KNOW, VERSUS LIKE.

JUST KEEP IT AT THE GAMES.

YES. SO [INAUDIBLE] TO HAVE YOUNG KIDS GO TO CHUCK E.

CHEESE, IF YOU'RE OLDER, YOU LIKE GAMES, YOU GO TO DAVE BUSTER'S, RIGHT.

AND DAVE AND BUSTER'S HAS, YOU KNOW, ALL DIFFERENT THINGS.

SO ON THE MARKETPLACE, THAT'S WHAT.

IT IS. AND THAT'S SORT OF [INAUDIBLE].

SO I DON'T KNOW THAT I WOULD NECESSARILY BE IN FAVOR OF ANYTHING OR, YOU KNOW, WHY AFFECT THE BUSINESSES THAT WE HAVE.

AND IF THEY'RE BEING PATRONIZED BY FOLKS AND THEY'RE GOING TO BE PATRONIZED BY FOLKS AND IF NOT JUST.

JUST FOR OUR BENEFIT, THEN IF WE APPROVE AS WRITTEN, WHAT ARE THE CHANGES? CAN YOU SPECIFY AGAIN? OH, THEY TOOK MY SCREEN. JUST A SECOND.

LET ME GO BACK TO THAT. SO YOU ARE CHANGING.

AND I'LL DO BETTER WITH THE.

THANK YOU. SO YOU ARE CHANGING YOUR ALLOWING SMOKE RIGHT NOW.

SMOKING IS PROHIBITED IN RESTAURANTS THAT SELL 50% ALCOHOL.

PERIOD. YOU'RE CHANGING IT TO ALLOW THEM TO HAVE THE SAME EXEMPTION OF THE 50% ALCOHOL SALES.

BUT ALSO THEY HAVE TO BE OPERATING PRIOR TO TODAY AND THEY HAVE TO HAVE ALLOWED SMOKING PRIOR TO TODAY.

[00:55:01]

AND THEN YOU'RE CHANGING THE TEN FEET TO 25 FEET DISTANCE FROM PATIO TO [INAUDIBLE].

SO THERE IS SOME GETTING STRICTER WITH THIS ORDINANCE BY THESE CHANGES.

YES, SIR. COUNCIL MEMBER STEVES.

I WAS JUST GOING TO SAY I HAVE TO AGREE WITH MAYOR PRO TEM AND COUNCILMAN GAGLIARDI, I THINK.

I THINK THIS IS THE WAY TO GO.

YEAH, ABSOLUTELY.

I BROUGHT IT UP ONLY JUST TO ENTERTAINED TO SEE WHAT EVERYONE'S APPETITE WAS FOR IT.

I THINK GETTING STRICTER IS IS THE RIGHT, RIGHT MOVE HERE.

AND I'M GLAD THAT WE WERE GOING AHEAD AND MOVING FORWARD AND DOING THAT.

AND SO, YOU KNOW, I'M IN SUPPORT OF THIS.

AND I STILL LIKE TO SEE, YOU KNOW, IN THE FUTURE WE COME BACK AND LOOK AT THIS.

BUT FOR AS IT IS RIGHT NOW, THE THUMBS UP FOR ME.

OKAY, VERY GOOD. SO ANYONE WILLING TO MAKE A MOTION? WE FIRST ONE.

OKAY. WE OH, WE HAVE A MOTION TO APPROVE AS WRITTEN FROM COUNCIL MEMBER GAGLIARDI.

CORRECT. AND A SECOND FROM COUNCIL MEMBER CULVER.

LET'S VOTE. EVERYONE'S JUMPING TO THE SCREEN.

HOW COULD I [INAUDIBLE]? OKAY, THAT'S UNANIMOUS.

SIX ZERO. THANK YOU.

STAFF THANK YOU. COUNCIL THANK YOU FOR THE DISCUSSION.

COUNCIL. MOVING ALONG, ITEM SIX, WE'RE GOING TO CONSIDER APPROVAL OF OLD TOWN DEVELOPMENT LLC AS THE NAMED MASTER DEVELOPER FOR THE BEDFORD COMMONS MIXED USE

[6. Consider approval of Old Town Development, LLC, as the named master developer for the Bedford Commons Mixed-Use Project (area generally located between Bedford Road, L. Don Dodson Drive, EM Bilger Jr. Boulevard, and Parkwood Drive), and authorizing the City Manager to proceed with negotiation of a Memorandum of Understanding with same.]

PROJECT. THIS IS THE AREA GENERALLY LOCATED BETWEEN BEDFORD ROAD, ELDON DODSON, E.M.

[INAUDIBLE] JUNIOR BOULEVARD AND PARKWOOD DRIVE, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NEGOTIATION OF A MEMORANDUM OF UNDERSTANDING WITH SAME.

SO WE HAVE DEVELOPMENT DIRECTOR ANDREW ROY.

THANK YOU, MAYOR COUNCIL.

GOOD EVENING. SO WE ARE HERE TONIGHT TO [INAUDIBLE] ANSWER.

WE'RE HERE TONIGHT TO PRESENT TO YOU OUR FINDINGS AS A RESULT OF OUR REQUEST THAT WE SUBMITTED TO THE DEVELOPMENT COMMITTEE, WE DID A REQUEST FOR EXPRESSIONS OF INTEREST, WHICH IN [INAUDIBLE] TERMS AND THOSE PEOPLE MIGHT BE FAMILIAR WITH, IS MORE LIKE AN RFP OR AN RFQ.

SO WE DID THIS WITH THE INTENT TO SEEK OUT A MASTER DEVELOPER TO WHOM WE THEN CAN CONTINUE THE RELATIONSHIP AND MOVE FORWARD ON A MORE CONTRACTUAL BASIS AS WE WORK TOWARDS SOME PUBLIC PRIVATE PARTNERSHIPS WITH THAT GROUP TO DEVELOP THE BEDFORD COMMONS MIXED USE PROJECT.

SO AS A RESULT OF THAT, WE DID GO AHEAD AND ISSUE THE RFEI.

AND ESSENTIALLY WE DID GENERALLY WHILE NOT REQUIRED TO, WE WANTED TO MAKE SURE WE DID CAPTURE AND REACH OUT TO EVERYONE THAT DID HAVE AN INTEREST AND WAS QUALIFIED TO RESPOND.

SO WE DID ADVERTISE THIS IN THESE STAR-TELEGRAM, TWO SUNDAYS IN A ROW.

IT WAS POSTED ON VARIOUS SOCIAL MEDIA OUTLETS OF OURS.

WE ALSO DID DIRECTLY NOTIFY 14 DEVELOPERS THAT WE EITHER AND SAY THAT WE, I REALLY MEAN ME HAD PERSONALLY THOUGHT WOULD BE A GREAT FIT FOR THE DEVELOPMENT PROJECT, KNOWING WHAT THEY HAD DONE IN OTHER AREAS AND THEN ALSO INCORPORATED FOLKS THAT HAD SHOWN AN INTEREST IN THE PROJECT SINCE I HAVE BEEN HERE WITH THE WITH THE CITY. SO DEADLINE WAS APRIL 8TH.

AT THE END OF THAT DAY WE HAD THREE SUBMISSIONS FROM THREE DIFFERENT DEVELOPMENT TEAMS SUBMITTED TO THE CITY.

SO AS A RESULT OF THAT, WE RECEIVED A RESPONSE FROM BROADSWORD.

INVESTORS WHO HAD PARTNERED WITH PATHWAY MULTIFAMILY LLC ALSO RECEIVED A RESPONSE FROM RUSSELL GLENN, WHO PARTNERED WITH PAGE ARCHITECTS TO SUBMIT A RESPONSE AND ALSO RECEIVED A SUBMITTAL FROM OLD TOWN DEVELOPMENT WHO HAD PARTNERED WITH GFF ARCHITECTS.

AND SO AS A RESULT OF LOOKING THROUGH THOSE AND AGAIN, IN ORDER TO REALLY LOOK AT THEM WITH A NEUTRAL EYE, WE DID APPLY SOME STANDARDS, A SCORING SYSTEM, AND REALLY LOOKED AT FOUR PRIMARY AREAS, THEIR QUALIFICATIONS AND EXPERIENCE, THEIR VISION AND DEVELOPMENT APPROACH, THE FINANCIAL FEASIBILITY AND DEVELOPMENT TEAM CAPACITY AND THEIR REPUTATION.

SO I THINK IN YOUR PACKET I DID ATTACH MY FULL EVALUATION.

I PROVIDED MY COMMENTS AND NOTES JUST SO YOU ALL COULD KIND OF SEE WHERE I WENT, WHY I SCORED THEM CERTAIN WAYS AND THINGS LIKE THAT, JUST IN AN EFFORT FOR YOU ALL TO SEE KIND OF WHERE THE THINKING WAS AND WHERE THERE MAY HAVE BEEN SOME DEFICIENCIES AND SOME SURPLUSES BASED ON THOSE CATEGORIES.

SO AFTER GOING THROUGH ALL THAT, ESSENTIALLY WE CAME DOWN TO OLD TOWN DEVELOPMENT BEING THE RECOMMENDED MASTER DEVELOPER BASED ON THEIR SUBMITTAL, THEIR PROPOSAL, THE EXPERIENCE OF THE TEAM, WHAT THEY HAVE DONE PREVIOUSLY, THE UNIQUE CAPACITY OF THEM TO OFFER A LITTLE BIT MORE OF A BOUTIQUE AS THEY INDICATED APPROACH TO THIS.

IT'S NOT JUST A 1200 ACRE MASTER DEVELOPMENT TYPE OF A THING.

WE NEED SOMEBODY THAT'S GOING TO LOOK AT THIS SITE, UNDERSTAND ITS STRENGTHS, WEAKNESSES, AND REALLY LOOK AT IT DIRECTLY.

[01:00:05]

THIS IS NOT A COOKIE CUTTER TYPE OF A DEVELOPMENT.

SO WITH THAT, STAFF DOES RECOMMEND THAT WE WOULD MOVE FORWARD WORKING WITH OLD TOWN DEVELOPMENT.

SO AGAIN, JUST TO KIND OF GIVE YOU ALL A BRIEF SUMMARY AND FOR ANYBODY THAT ISN'T FAMILIAR WITH THE BEDFORD COMMON SITE, ESSENTIALLY IN THE RFEI, WE DID INDICATE THAT WHAT WE ENVISIONED AS A CORE AREA, WHICH IS SOMETHING THAT THEY CAN REALLY GET STARTED AT RIGHT AWAY.

SO A DEVELOPER COULD COME IN AND REALLY GET GOING ON THAT INITIAL 21 ACRES RIGHT AWAY.

AND THEN AGAIN, WHAT I WOULD CALL THE CORE AREA PLUS PERIPHERY WOULD MAYBE BE A PHASE TWO, WHICH IS THE EXPANDED AREA, WHICH OBVIOUSLY INCLUDES THE PROPERTY WE'RE LOOKING AT.

WE'RE SITTING ON ANY OTHER CITY FACILITIES.

SO THIS IS WHAT WAS SHARED WITH THE COMMUNITY.

AND AGAIN, A BIG PIECE OF WHAT WE WERE LOOKING FOR WAS SOMEBODY THAT WOULD COME IN AND RECOGNIZE THAT WE ALREADY WENT THROUGH THIS PROCESS OF EVALUATING WHAT WE'D LIKE TO SEE ON THIS SITE AND WHAT WAS OF INTEREST.

WE HAVE A TIRZ IN PLACE.

IT IS TIED TO THIS CONCEPT PLAN, SO WE REALLY NEEDED SOMEBODY TO COME IN AND LOOK AT THIS CONCEPT PLAN AND SIMPLY BUILD FROM IT.

WE DIDN'T NEED SOMEBODY TO COME IN AND REINVENT THE ENTIRE THING.

WE NEEDED SOMEBODY TO COME IN AND UNDERSTAND AND REALLY BUILD OFF OF THIS.

AND AGAIN, ULTIMATELY, THAT'S WHERE WE LANDED WITH OLD TOWN DEVELOPMENT.

SO HERE'S JUST A LITTLE BIT, SOME SAMPLINGS OF THEIR PROJECTS.

AGAIN, GFF ARCHITECTS, LEADER IN THE DFW AREA, PROBABLY NATIONALLY AS WELL, VERY WELL KNOWN ARCHITECTURE FIRM THAT WILL LEND THEIR SERVICES HERE.

AND AGAIN, THIS IS KIND OF THE MODIFIED AND AGAIN, THIS IS ALL CONCEPTUAL.

SO WHERE THINGS WILL LAND, I KNOW I DON'T WANT TO LOSE ANY OF THOSE BEAUTIFUL TREES OVER THERE.

WE PROBABLY WILL HAVE TO LOSE SOME.

BUT AGAIN, THIS IS CONCEPTUAL RIGHT NOW AND THIS IS OLD TOWN'S CONCEPTUAL PLAN FOR THE SITE.

SO AGAIN, THEY LOOKED AT THE DIFFERENT PHASES AS WELL AND ULTIMATELY THEY WERE THE GROUP TO MOVE FORWARD WITH.

AS FAR AS OUR RECOMMENDATION, IF YOU ALL APPROVE THIS TONIGHT, ESSENTIALLY WHAT WE'RE DOING IS FORMALLY NAMING OLD TOWN AS THE MASTER DEVELOPER AND WE WILL THEN GO AHEAD AND HAMMER OUT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND OLD TOWN DEVELOPMENT, AND WE'LL BRING THAT BACK TO YOU, HOPEFULLY OUR NEXT MEETING AND YOU CAN APPROVE THAT, WHICH WILL REALLY OUTLINE KIND OF THE TERMS OF OUR INITIAL ARRANGEMENT.

IT WILL BE LATER THAT WE WOULD THEN BRING FORWARD FORMAL INCENTIVE AGREEMENTS AND THINGS LIKE THAT.

BUT THIS IS THE FOUNDATION FOR THAT REALLY SAYS WE'RE KIND OF GOING TO GO AHEAD AND START THAT PARTNERSHIP AND MOVE DOWN THE ROAD.

SO JUSTIN WITH OLD TOWN IS HERE IF YOU'VE GOT ANY QUESTIONS AND I'M AVAILABLE, SO VERY GOOD.

THANK YOU, ANDREA. MAYOR PRO TEM SABLE DID YOU.

YOUR GREEN? NOPE.

WELL. HI, ANDREA.

[LAUGHTER] I'M ALIVE. SO YOU LOOKED AT ALL THE THREE, THE THREE COMPANIES, AND YOU EVALUATED THEM EACH.

I NOTICED ONE OF THE HOT TOPICS, AND SOME OF THEM, THEY WOULD MENTION MULTIFAMILY.

AND THAT'S ALWAYS A HOT TOPIC AROUND HERE.

BUT WHEN YOU TALK TO ALL THREE OF THEM, THEY CAME TO KNOW THAT THAT'S NOT WHAT WE WANT AS A COMMUNITY.

AND WHAT I HAD BEEN READING ABOUT LATELY IS THAT THEY'RE TENDING TO COME IN A SINGLE FAMILY HOMES, BUT THEN INVESTORS ARE COMING IN AND TURNING THEM INTO RENTALS.

AND IS THERE ANY WAY THAT ANY OF THOSE COMPANIES COULD GIVE US [INAUDIBLE] ON THAT? SO THAT DOESN'T HAPPEN TO US, BECAUSE I DON'T THINK THAT'S WHAT OUR COMMUNITY HAD IN MIND.

ARE YOU SAYING WITH THE OTHER SUBMISSIONS THAT THAT WAS SOMETHING THAT THEY WERE INTERESTED? DID ANY OF THEM MENTIONED THAT AS A POSSIBILITY? BECAUSE I COULD JUST SEE US GETTING SUCKED INTO THAT THINKING WE'RE GOING TO GET PRIVATE HOMES AND THEN ALL OF A SUDDEN AN INVESTOR COMES IN AND PURCHASES ALL THE BUILDINGS AND THEN IT BECOMES A RENTAL COMMUNITY.

SO EACH EACH OF THE OTHER TWO GROUPS OUTSIDE OF OLD TOWN DEVELOPMENT HAVE VERY SPECIFIC MODELS AS TO WHAT THEY DEVELOP.

MOST OF THEM ARE EITHER VERY MUCH STANDARD MULTIFAMILY DEVELOPERS AND HAVE MAYBE DONE SOME ALTERNATIVE THINGS, OR THEY ARE.

ONE OF THE GROUPS DOES SPECIALIZE IN THESE SINGLE FAMILY RENTAL COMMUNITIES AND SO THAT IS KIND OF THEIR MODEL, NOT TO SAY THAT THEY WOULDN'T BE WILLING TO MODIFY THAT FOR US, BUT I REALLY THINK THAT THAT'S THEIR STRONG SUIT TO THE TO THE DEGREE THAT BOTH OF THEM INDICATED THEY WOULD LIKE TO DO A DENSER ENVIRONMENT, THEY WOULD LIKE TO DO ON AFFORDABLE RENTAL ENVIRONMENTS, WHICH I, YOU KNOW, BASED ON THE PLAN, DOES NOT QUITE ALIGN WITH WHAT WE'RE LOOKING FOR.

BUT I WOULD IMAGINE MOST OF THESE GROUPS DO HAVE SOME FLEXIBILITY.

BUT WHEN I'M TALKING TO A MULTIFAMILY BUILDER, I DON'T SEE THEM DOING ANYTHING DIFFERENT.

ONE OF THE WAYS THAT WE WERE ABLE TO SAY GET AWAY WITH LOSING THE OTHER DEVELOPER WAS THAT WE FOUND LOTS OF HOLES IN OUR ORDINANCES.

IS THAT NOT SUCH A BIG ISSUE NOW BECAUSE WE ACTUALLY OWN THE PROPERTY?

[01:05:03]

OR DO WE REALLY NEED TO TAKE A HARD LOOK AT OUR ORDINANCES AND SAY, LOOK, THIS NEEDS TO MATCH ACROSS THE CITY OR EVEN BEFORE THE DEVELOPER COMES IN? I THINK WE'VE GOT CONTROL BY OWNING IT.

I MEAN, THAT REALLY GIVES US THE ULTIMATE CONTROL.

AND AGAIN, THE WAY THAT WE'VE WORDED THIS, EVEN AS TONIGHT, LOOK, IF THINGS EVEN THE MEMO THAT I'VE DRAFTED, IF WE WANT TO GO IN A DIFFERENT DIRECTION AND IT'S NOT LINING UP OR WE'RE DONE, BUT OWNING IT GIVES YOU THE ULTIMATE CONTROL.

AND ALSO THAT TIRZ CONCEPT PLAN.

WE SOLD THIS PROJECT TO THE OTHER TAXING ENTITIES BASED ON THAT PLAN.

AND SO WE REALLY DON'T HAVE WE CAN'T SCRAP THAT AND START OVER.

SO WE'RE THAT GIVES US A REALLY GOOD FRAMEWORK THAT WE HAVE TO PRETTY STICK WE'VE GOT TO STICK TO.

THAT WAS GFF THE ARCHITECTS THAT WE USED WITH DAVID PETTIT.

I YES, YES.

OKAY. SO THANK YOU.

I REMEMBER HE COULD HAND DRAW VERY WELL.

OKAY. I THINK THAT'S ALL MY QUESTIONS.

THANK YOU. OKAY. THANK YOU.

ANYONE ELSE? QUESTIONS.

SO JUST TO FOLLOW UP ON SOME OF YOUR COMMENTS HERE.

COUNCIL IN THE CITY MAINTAINS CONTROL OF THIS PROJECT GOING FORWARD.

WE'RE GOING TO WORK TOGETHER WITH WHOEVER THE MASTER DEVELOPER IS THAT WE PICK TO CREATE THAT VISION TOGETHER.

AT THIS POINT, WE DON'T HAVE TO SETTLE FOR APARTMENTS.

WE DON'T HAVE TO SETTLE FOR SOMEONE TO COME.

TELL US, HERE'S WHAT YOU'RE GOING TO DO AND YOU'RE GOING TO LIKE IT.

BUT YES, SIR. YES, SIR.

JUSTIN'S HERE. DOES JUSTIN WANT TO COME UP TO THE MIC? WELCOME TO THE MINE.

I'M SURE HE WANTS TO COME SAY.

JUSTIN, WHAT IS IT THAT OLD TOWN DOES WELL? I THINK OUR CORE COMPETENCY IS REALLY CREATING UNIQUE EXPERIENCES, AND THE WAY WE'VE ALWAYS TENDED TO DO THAT IS BY PARTNERING WITH REALLY HYPER LOCAL BUSINESSES AND SORT OF DINING ESTABLISHMENTS THAT ARE DESTINATION AND EXPERIENTIAL ORIENTED TO NOT CREATE A LOCATION, BUT TO CREATE A DESTINATION.

AND BECAUSE OF THAT, WE'VE DONE MULTI BUILDING, MULTI BLOCKS DEVELOPMENTS BEFORE, BUT WE'VE NEVER HAD AN ENTIRE SITE LIKE THIS GOING IN.

AND WHAT I SEE US DOING HERE WHAT WE HAVE DONE BEFORE, BUT WE JUST KIND OF DID IT BY BRAILLE AS WE WENT ALONG BECAUSE WE NEEDED IF YOU'RE GOING TO CREATE A COHESIVE DEVELOPMENT THAT WORKS TOGETHER, YOU NEED CONNECTIVITY, YOU NEED WALKABILITY, AND YOU REALLY WANT TO SET A PRECEDENT.

AND I THINK THAT'S WHAT WE'RE ABLE TO DO PROACTIVELY GOING INTO THIS DEVELOPMENT, BECAUSE IT'S GOING TO BE MASTER PLANNED, IT'S GOING TO BE A PARTNERSHIP WITH THE CITY.

AND ON TOP OF THAT, I MEAN, I THINK THE BIGGEST ADVANTAGE I HAVE IS THAT MY PLANS HAVE ALREADY BEEN THROUGH MR. COCHRAN'S PLAN REVIEW, AND I'VE GOT ALL HIS NOTES.

[LAUGHTER] SO I'M GOING TO BE ABLE TO JUST SAIL RIGHT THROUGH WHEN IT COMES TO GETTING THIS THING PERMITTED.

YOU KNOW, IF I YOU SAY THAT NOW, BUT IT'S STILL EARLY.

[LAUGHTER] BUT SO THIS IS 30 ACRES.

IS IT BIG ENOUGH TO GET SOMETHING UNIQUE AND SPECIAL? 30 ACRES IS BIGGER THAN DOWNTOWN FORT WORTH.

OKAY SO. YEAH, ABSOLUTELY.

IS THERE ANY REASON FOR US TO BELIEVE THAT WE CAN'T DO SOMETHING SPECIAL HERE WITH THIS PROPERTY? NOBODY'S GOING TO TELL ME WE CAN'T.

OKAY. SO HAVE YOU EVER FORCED A COUNCIL TO DO SOMETHING THEY DIDN'T WANT TO DO? I'VE NEVER FORCED A COUNCIL TO DO ANYTHING THEY DIDN'T WANT TO DO.

OKAY. YEAH.

I MEAN, THE INTRIGUE THAT I HAVE AND I'M MORE THAN HAPPY TO JUST VOICE MY THOUGHTS HERE IS I THINK THE RELATIONSHIPS YOU HAVE, THE ABILITY TO DO UNIQUE BOUTIQUE TYPE THINGS IS SOMETHING THAT WE'RE INTERESTED IN.

WE CLEARLY WANT SOMETHING WOW WE WANT SOMETHING SPECIAL.

WE WANT SOMETHING THAT DOESN'T EXIST AROUND HERE.

AND THAT WAS OUR HOPE AS WE WERE HAVING THESE CONVERSATIONS BEFORE WITH PETTIS AND GOING DOWN THE TIRZ PATH.

BY THE SAME TOKEN, WE WANT TO BE RESPONSIVE TO THE RESIDENTS.

WE KNOW THERE ARE CERTAIN THINGS THAT THE RESIDENTS DO NOT WANT HERE, SO WE WANT TO BE RESPECTFUL OF THAT.

SO. AND COCHRAN'S CRITIQUING YOU RIGHT NOW.

YEAH. AND SO THE THOUGHT IS TO FIND SOMEONE WE CAN PARTNER WITH, TO HAVE THAT CONVERSATION AND KIND OF CREATE THAT, THAT SORT OF A CONCEPT.

SO.

WE NEED TO KNOW THAT YOU CAN DO THAT.

WE VERY MUCH, ARE EXTREMELY EXCITED ABOUT THE OPPORTUNITY.

CAN ABSOLUTELY DO THAT. OKAY.

ANY OTHER QUESTIONS? COMMENTS? MAKE A MOTION.

COUNCIL MEMBER. GAGLIARDI.

THANK YOU. THANK YOU.

YEAH, I JUST. JUST FOR MY 2 CENTS.

AND THIS IS VERY, VERY EXCITING.

I STARTED GETTING INVOLVED BACK IN THE APARTMENT DAYS.

AND THIS IS A BIG DEAL.

I THINK THIS IS GOING TO BE AN AWESOME PROJECT.

AND I LOOK FORWARD TO SEEING THIS ONE OF MANY NEW PROJECTS IN BEDFORD.

SO THANK YOU, SIR.

I'M EXCITED. THANK YOU FOR THAT, SIR.

COUNCIL MEMBER CULVER.

I'M SORRY, JIMMY.

JIMMY I WASN'T GOING TO SAY ANYTHING.

[01:10:03]

THIS IS A REALLY SPECIAL, SPECIAL PROJECT.

AND WHAT PEOPLE ARE SEEING NOW THAT YOU'VE PRESENTED, NOWHERE COMES CLOSE TO WHAT THEY'RE REALLY WANTING.

I MEAN, THE TOWNHOMES.

I MEAN, I SERVED ON PLANNING AND ZONING WHEN WE PUT IN PLACE THE CODES AND ORDINANCES THAT FIT FOR BEDFORD COMMONS.

AND SO THEN WE TURNED AROUND AND HAD A DEVELOPER COME AND THEY REALLY COULDN'T MATCH WHAT WE DID.

SO WE KIND OF PUT THE CART BEFORE THE HORSE, YOU KNOW.

SO NOW WE'VE GOT TO GO BACK AND REVAMP ALL OF THAT AND MAKE IT TO WHERE SOME OF THE OPPORTUNITIES THAT YOU CAN BRING TO US, WE CAN BRING TO LIGHT. SO IT'S GOING TO HAVE TO GO BACK THROUGH PLANNING AND ZONING, YOU KNOW THAT.

AND SOME ORDINANCES WILL HAVE TO BE CHANGED, AS COUNCILMAN COGAN HAS MENTIONED.

BUT I'M JUST HOPING THAT YOU REALLY LISTEN.

I MEAN WORDS COME OUT, BUT PEOPLE SOMETIMES JUST REALLY DON'T HEAR.

SO WE'RE NOT LOOKING FOR A LARGE COMPLEX OF TOWNHOMES, ESPECIALLY FACE FRONTING WITH GARAGES.

YOU KNOW, ALL OF THESE SHOW GARAGES ON THE FRONT.

WE LIKE DRIVEWAYS IN THE BACK.

YOU NEED INGRESS AND EGRESS, AS MR. COCHRAN MENTIONED AND YOU DO NEED THAT SOMETHING SPECIAL THAT WOW.

AND JIMMY'S CONVINCED ME THAT YOU'RE IT.

I MEAN, HE HAS. SO WITH THAT, MY BLESSINGS, YOU KNOW, IT'S ALL I CAN SAY.

BUT WE'RE GOING TO HOLD YOUR FEET TO THE FIRE.

WE'RE GOING TO WORK TOGETHER. AND JUST SO YOU KNOW, I MEAN, WE TOOK THAT.

WE BASICALLY LOOKED AT WHAT YOU GUYS HAD LAID OUT IN BEDFORD COMMONS, AND WE DESIGNED WHAT WE THOUGHT WE WOULD WANT TO DO BASED ON THOSE CRITERIA.

SO OBVIOUSLY, WHEN YOU HAVE 20 TO 30 ACRES, I MEAN, YOU NEED RESIDENTIAL THEY'RE JUST FOR ECONOMICS.

I MEAN, IT JUST MAKES SENSE.

BUT WE WEREN'T GOING FOR, YOU KNOW, LARGE SCALE, HIGH DENSITY RESIDENTIAL.

WE WERE GOING FOR SOMETHING THE SMALLER SCALE, LOWER DENSITY CONNECTED TO WALKING TRAILS AND VERY, VERY PEDESTRIAN.

AND WE'RE NOT MARRIED TO ANY OF THAT.

WE'RE MARRIED TO DELIVERING A GREAT EXPERIENCE.

SO THE PEOPLE OF THE CITY OF BEDFORD CAN GO SOMEPLACE AND WHERE THERE'S A CIVIC GYM WHERE THEY CAN CONNECT AND GET A SENSE OF COMMUNITY WITHOUT HAVING TO LEAVE THE CITY LIMITS. THAT'S WHAT WE'RE HERE FOR.

I RECOGNIZE THAT THE EI DOESN'T HAVE THE REQUIREMENTS FOR SPECIFIC DRAWINGS, SITE PLANS AND EXACTLY WHAT'S GOING TO BE DONE. BUT YOU HAVE A UNIQUE COMMUNITY SITTING RIGHT NEXT TO THIS.

THE ENTIRE BEDFORD IS UNIQUE, BUT ALONG WITH THAT, THERE'S A LOT OF IMPACT UPON THAT COMMUNITY.

SO I'M HOPING THAT YOU WILL REACH OUT TO THEM.

THOSE IN THAT COMMUNITY WORK CLOSELY WITH THEM.

MR. COCHRAN IS ONE OF THOSE PEOPLE.

OKAY. AND MAKE SURE THAT WHEN IDEAS COME FORTH, YOU KNOW, THAT THEY'RE INCLUDED, THAT THEY'RE BROUGHT TO THE TABLE TO HELP MAKE THIS A PLEASANT EXPERIENCE.

ABSOLUTELY. WELL, BUT I THINK THAT'S THE FEELING OF THIS COUNCIL AND THIS ADMINISTRATION, IS THAT WE WANT TO BE PROACTIVE IN WORKING WITH THE COMMUNITY AND REACHING OUT AND HAVING TOWN HALLS AND THINGS OF THAT NATURE.

BECAUSE HERE RECENTLY WE'VE REALLY BEEN MAKING AN EFFORT TO DO THAT, AND I THINK THAT'S GOING TO BE A PART OF OUR GAME PLAN ON.

YOU KNOW, INSERT TOPIC GOING FORWARD.

NOT JUST THIS BUT OTHER THINGS.

WERE YOU MAKING A COMMENT OR YOU MAKING A COMMENT? COMMENT. COUNCIL MEMBER COGAN.

THANK YOU, MAYOR. I GUESS TO SUMMARIZE COUNCILWOMAN CULVER.

DON'T SCREW IT UP.

[LAUGHTER] FOR ME, I'M EXCITED.

YOU KNOW, THIS HAS BEEN SOMETHING.

I TALKED TO PEOPLE EVEN TODAY, YOU TALK OR GO AROUND BEDFORD YOU MENTION TO SOMEONE ABOUT BEDFORD COMMONS AND THEY'RE LIKE, OH, IT'LL NEVER HAPPEN.

HERE WE ARE. YEAH.

AND SO THIS IS EXTREMELY EXCITING.

IT'S AN OPPORTUNITY FOR US.

FOR ME, THOUGH, YOU KNOW, ONE OF MY BIG THINGS AND AS JIMMY HAS POINTED OUT, HE SAID, YOU'RE THE GUYS TO DO IT, TO DELIVER ON WHAT OUR VISION IS.

AND SO I'M PUTTING MY FAITH IN HIM.

I'M PUTTING MY FAITH IN YOU.

BUT FOR ME, ONE OF THE ISSUES IS I NEED TO KNOW, ARE YOU MARRIED TO THESE OFFICE BUILDINGS THAT YOU'VE PUT IN THAT MASTER PLAN? I'M NOT MARRIED TO ANYTHING.

GOOD, GOOD.

THAT'S WHAT I WANTED TO HEAR, BECAUSE I DON'T KNOW IF THE FUTURE IS THERE.

I JUST. I DON'T SEE IT.

[01:15:02]

GIVEN THE PANDEMIC, GIVEN WHAT WE'VE SEEN, I DON'T THINK OFFICE BUILDINGS IS WHAT WE PERSONALLY NEED HERE.

NOW, WE'LL HAVE THOSE DISCUSSIONS LATER, BUT THAT'S JUST MY 2 CENTS.

YEAH. BUT IT WILL ALSO AND I APPRECIATE YOUR COMMENT.

IT'S GOING TO BE DRIVEN HIGHLY OFF OF THE DEMAND FOR THE PROJECT TOO.

AND OF EVERY SINGLE THING I'VE EVER GOTTEN INTO HAS CHANGED BASED ON THE BUSINESSES THAT WE ATTRACT TO THE PROJECT AND WE DESIGN THE PROJECT AROUND THOSE BUSINESSES.

SO I'M NOT MARRIED TO ANYTHING EXCEPT FOR DELIVERING A GREAT EXPERIENCE FOR THE CITY OF BEDFORD.

THAT'S ALL I NEED TO HEAR. THANK YOU. THANKS.

THANK YOU, MR. COGAN. MAYOR PRO TEM SABOL.

OH, GAGLIARDI.

[LAUGHTER] SO WOULD YOU LIKE TO SECOND THAT MOTION? I WILL SECOND. OKAY. WE HAVE A SECOND TO APPROVE.

CORRECT? WE HAVE A SECOND FOR MAYOR PRO TEM SABOL.

LET'S VOTE. ROB WAS SETTING THAT UP THE WHOLE TIME.

HE'S SNEAKY, YOU KNOW.

HE DOESN'T LOOK LIKE IT. HE'S SNEAKY.

OKAY. ONCE AGAIN, THAT'S UNANIMOUS SIX ZERO.

WE WANT TO SAY THANK YOU STAFF THANK YOU COUNCIL.

AND THE WORDS OF COUNCIL MEMBER COGAN, DON'T SCREW IT UP, JUSTIN.

WE LOOK FORWARD TO QUICKLY CONTINUING THIS CONVERSATION.

YEP. IS THAT FAIR? OKAY. VERY GOOD. THANK YOU SO MUCH.

MY PLEASURE. THANK YOU.

OKAY. ITEM SEVEN.

[7. Consider a resolution authorizing the City Manager to accept the technical and sealed dollar cost proposals from Weaver and Tidwell, LLP (Weaver, LLP) for independent auditing services for the City of Bedford, Texas.]

PROPOSALS FROM WEAVER AND TIDWELL LLP FOR INDEPENDENT AUDITING SERVICES FOR THE CITY OF BEDFORD, TEXAS.

AND WE GIVE YOU FINANCE DIRECTOR MARIA JOYNER.

GOOD EVENING, MAYOR AND COUNCIL.

TONIGHT, I WOULD LIKE TO PRESENT TO YOU OUR PROPOSAL FOR INDEPENDENT AUDIT SERVICES.

AS OF THE END OF LAST FISCAL YEAR OUR FISCAL YEAR ENDING SEPTEMBER 30, 2021, OUR CONTRACT FOR INDEPENDENT AUDIT SERVICES EXPIRES. SO WE WERE REQUIRED TO SOLICIT FIRMS TO LOOK FOR FIRMS TO PROVIDE THAT SERVICE IN THE FUTURE.

SO WE ACTUALLY ISSUED A REQUEST FOR PROPOSAL, AN RFP.

THAT REQUEST FOR PROPOSAL WAS ACTUALLY ADVERTISED FEBRUARY THE 13TH IN THE FORT WORTH STAR-TELEGRAM.

AND BY MARCH THE 15TH WE HAD SIX QUALIFIED FIRMS THAT HAD ACTUALLY OFFERED THEIR SERVICES TO THE CITY.

LIKE I'LL SAY ALL 6 FIRMS ARE VERY GOOD FIRMS. STAFF GOT TOGETHER OUR CFO, CARYN RIGGS, OUR ACCOUNTING MANAGER, KIM ROBINSON, OUR FINANCIAL ANALYSTS, WHICH IS STEFANIE SPIVEY AND MYSELF.

WE REVIEWED THOSE PROPOSALS.

WE PRESENTED THOSE PROPOSALS.

AFTER OUR REVIEW OF THOSE PROPOSALS, WE ACTUALLY PRESENTED THOSE PROPOSALS TO OUR AUDIT COMMITTEE.

AND AFTER PRESENTING OUR REQUEST, OUR DECISIONS TO THE AUDIT COMMITTEE, WE RECEIVED A UNANIMOUS VOTE FROM THE AUDIT COMMITTEE ACCEPTING THE TOP PROPOSAL.

WHAT WE LOOKED AT AS WE REVIEW THOSE PROPOSALS WAS ACTUALLY THEIR TECHNICAL QUALIFICATIONS OF EACH OF THE FIRMS. WE WANTED TO DETERMINE IF THE FIRMS THAT HAD PRIOR EXPERIENCE OR HOW MUCH PRIOR EXPERIENCE THEY HAD ACTUALLY HAD WITH CITIES.

WE WANTED TO MAKE SURE THAT EACH FIRM MET THE MANDATORY REQUIREMENTS OF THE RFP THAT WE ISSUED.

WE WANTED TO LOOK AT THE EXPERIENCE THAT THE AUDIT TEAM WOULD BE ABLE TO PROVIDE THE CITY.

AND I SAY AUDIT TEAM, THAT'S THE PARTNER AND THE STAFF THAT WOULD ACTUALLY BE WORKING ON THE AUDIT IN THE UPCOMING YEARS.

WE WANTED TO LOOK AT THE APPROACH THAT WOULD BE PROVIDED BY THE AUDIT FIRM.

WE WANTED TO LOOK AT THE FIRM'S CAPACITY TO MEET OUR TIMELINES AND OVERALL, WHICH FIRM COULD PROVIDE THE BEST VALUE TO THE CITY FOR THE BEST COST.

THE SIX FIRMS THAT WE ACTUALLY RECEIVED BIDS FROM WAS WEAVER AND TIDWELL, PATILLO BROWN AND HILL, MCCONNELL JONES, BKD, EIDE BAILLY, AND WHITLEY PENN.

AGAIN AFTER WE PRESENTED THE PROPOSALS TO THE AUDIT COMMITTEE, WE RECOMMENDED TO THE COMMITTEE THAT BASED ON OUR EXPERIENCE WITH WEAVER AND TIDWELL AND BASED ON THE PRICING THAT [INAUDIBLE] WILL PROVIDE IT AT 289,000 FOR THE FIVE YEAR PERIOD THAT THE AUDIT COMMITTEE ACCEPT THAT PROPOSAL.

AND THEY DID. SO THAT'S WHY WE'RE BRINGING OUR PROPOSAL TO YOU ALL TONIGHT TO SAY THAT BASED ON OUR EXPERIENCE WITH WEAVER AND TIDWELL AND BASED ON THEM MEETING ALL THE CRITERIA THAT WE PRESENTED IN THE PROPOSAL, THEY PROVIDED THE BEST PRICING AND THE BEST SERVICE OVERALL TO THE CITY.

[01:20:06]

AND JUST TO GIVE YOU A LITTLE BACKGROUND REGARDING WEAVER AND TIDWELL, WEAVER IS A NATIONALLY RECOGNIZED TEXAS BASED FIRM WITH APPROXIMATELY 600 PROFESSIONALS WITH OFFICES IN FORT WORTH, DALLAS, HOUSTON, AUSTIN, SAN ANTONIO, CONROE AND MIDLAND.

THEIR AUDIT CLIENTS CONSISTS OF 35 TEXAS CITIES, OF WHICH 12 ARE OF COMPARABLE SIZE TO BEDFORD.

THEY HAVE DEMONSTRATED GREAT PERFORMANCE NOT ONLY IN BEDFORD, BUT ALSO THE CITIES OF SOUTHLAKE, SAGINAW AND EULESS.

THE TEAM MEMBERS ASSIGNED TO BEDFORD ACTUALLY HAVE A COMBINED 61 YEARS OF EXPERIENCE IN LOCAL GOVERNMENT.

SO THE TEAM THAT WILL BE ASSIGNED TO OUR AUDIT FOR THE NEXT FIVE YEARS HAVE A LOT OF SPECIFIC LOCAL GOVERNMENT EXPERIENCE AND SKILLS.

THEREFORE, STAFF IS RECOMMENDING THE ACCEPTANCE OF WEAVER AND TIDWELL'S PROPOSAL FOR AUDIT SERVICES FOR FISCAL YEARS SEPTEMBER 30, 2022, 2023 AND 2024 WITH TWO ONE YEAR OPTIONS FOR RENEWAL.

AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE AT THIS TIME.

OKAY VERY GOOD. THANK YOU, MARIA. SO WHY THREE PLUS ONE AND ONE? WE HAVE A POLICY WHEREAS WE TRY TO TAKE THESE CONTRACTS OUT FOR FIVE YEARS.

DO YOU FEEL LIKE WEAVER WENT ABOVE AND BEYOND THE AGREEMENT.

THEY DID. THEY ACTUALLY OFFERED ADDITIONAL SERVICES.

THERE ARE A LOT OF ACCOUNTING PRONOUNCEMENTS THAT ARE GOING TO BE COMING OUT IN THE NEXT COUPLE OF YEARS.

GASB 87 GUIDELINES THEY OFFERED IN THEIR PROPOSAL.

AND A LOT OF THE FIRMS DID THE SAME.

THEY OFFERED TO ASSIST US WITH THAT.

SO WE PAID ATTENTION TO THOSE EXTRA SERVICES THAT THEY'RE GOING TO BE PROVIDING TO THE CITY.

IN ADDITION TO THE REQUIRED INDEPENDENT AUDIT SERVICES.

PARDON ME. DESPITE THE FACT THAT THERE ARE THE LOWEST THEY PROVIDE ADDITIONAL VALUE TO.

YES, SIR, THEY PROVIDE ADDITIONAL VALUE.

AND THEY WERE ABLE TO DO THAT IN 355 HOURS.

THEY'VE GOT THE BEST TIMING OF ANY FIRM AND THEY HAVE CONSISTENTLY COMPLETED OUR AUDIT WITHIN THE TIME SCHEDULE ALLOWED.

OKAY, GREAT.

OKAY COUNCIL. WHAT ARE YOUR THOUGHTS? I DON'T SEE ANYTHING ON MY SCREEN, MR. GAGLIARDI. OKAY.

WE HAVE A MOTION TO APPROVE FROM COUNCIL MEMBER GAGLIARDI.

DO WE HAVE A SECOND? SECOND FROM COUNCIL MEMBER COGAN.

LET'S VOTE.

[INAUDIBLE] THAT'S UNANIMOUS AGAIN.

THANK YOU COUNCIL. THANK YOU STAFF.

THANK YOU, MARIA. NEXT UP, ITEM EIGHT, WE'RE GOING TO CONSIDER A RESOLUTION APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY, TEXAS, FOR ROAD RESURFACING

[8. Consider a resolution approving an amendment to the interlocal agreement with Tarrant County, Texas for road resurfacing services, which amends the original agreement by replacing Forest Ridge Drive with Northridge Drive; authorizing the City Manager of the City of Bedford, Texas, to sign such amendment; and providing an effective date.]

SERVICES, WHICH AMENDS THE ORIGINAL AGREEMENT BY REPLACING FOREST RIDGE DRIVE WITH NORTHRIDGE DRIVE.

AUTHORIZING CITY MANAGER OF THE CITY OF BEDFORD TEXAS TO SIGN SUCH AMENDMENT AND PROVIDING AN EFFECTIVE DATE.

AND WE HAVE PUBLIC WORKS DIRECTOR CHERYL TAYLOR.

GOOD EVENING. THE ORIGINAL AGREEMENT WITH TARRANT COUNTY WAS TO REPAVE HARWOOD ROAD AND FOREST RIDGE DRIVE.

WE'RE WAITING ON THE ORDER OF A MANHOLE SO WE CAN REPLACE THE SANITARY SEWER LINE ACROSS FOREST RIDGE.

SO THAT'S NOT GOING TO BE COMPLETED IN TIME TO HAVE THE COUNTY PAVE IN MAY.

SO RATHER THAN MISS AN OPPORTUNITY TO ALLOW THE COUNTY TO SAVE US SOME MONEY ON PAVING A STREET, WE REPLACED FOREST RIDGE WITH NORTHRIDGE DRIVE.

IT IS ON THE WEST END OF HARWOOD ROAD, AND WE'VE JUST RECENTLY DONE SOME UTILITY WORK OVER THERE.

SO IT CLEANS UP THE ROAD.

AND WHAT I LIKE ABOUT IT IS IT'S RIGHT AT THE HURST CITY LIMIT LINE, SO IT MAKES THE BEDFORD SIDE LOOK A LITTLE BIT NICER.

THE COUNTY HAS RECENTLY OFFERED THAT LATER ON IN THE SUMMER, THEY MAY HAVE THE ABILITY TO COME BACK AND DO FOREST RIDGE FOR US AT THAT TIME.

SO WE WILL NEED TO BRING BACK AN INTERLOCAL AGREEMENT, A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT TO ALLOW THE COUNTY TO DO IT.

OR WE DO HAVE A MISCELLANEOUS ASPHALT CONTRACT WITH REYNOLDS ASPHALT THAT WE CAN UTILIZE TO PAY FOREST RIDGE.

SO THAT WILL BE LATER ON THIS SUMMER.

SO WE'RE SAYING THERE'S NO FISCAL IMPACT WITH THIS DECISION.

COUNCIL. WE HAVE A MOTION TO APPROVE FROM COUNCIL MEMBER COGAN AND WE HAVE A SECOND FROM COUNCIL MEMBER GAGLIARDI.

LET'S VOTE. OKAY.

ONCE AGAIN, THAT IS UNANIMOUS.

SIX-ZERO. THANK YOU, CHERYL.

THANK YOU STAFF. THANK YOU COUNCIL.

[9. Consider a resolution of the City of Bedford, Texas approving the American Rescue Plan Act Appropriation Plan; and recognizing and appropriating expenditures within the Fiscal Year 2022 Coronavirus Local Fiscal Recovery Fund Budget.]

ITEM NINE. WE'RE GOING TO CONSIDER A RESOLUTION OF THE CITY OF BEDFORD, TEXAS, APPROVING THE AMERICAN RESCUE PLAN ACT APPROPRIATION PLAN AND RECOGNIZING AND APPROPRIATING EXPENDITURES WITHIN THE FISCAL YEAR 2022.

CORONAVIRUS LOCAL FISCAL RECOVERY FUND BUDGET.

CITY MANAGER JIMMY STATHATOS.

THANK YOU, MAYOR. THANK YOU, COUNCIL.

I'M EXCITED BECAUSE, YOU KNOW, WE'VE TALKED ABOUT THIS PROGRAM BEFORE.

[01:25:02]

WE'VE TALKED ABOUT THE FUNDS THAT HAVE BEEN ALLOCATED.

AND WE'RE GETTING TO THE POINT WHERE THIS NEXT MONTH WE'RE GOING TO BRING A RESOLUTION FORWARD THAT WILL BASICALLY ALLOW US TO DESIGNATE THE REST OF OUR FUNDS SEVERAL MILLION DOLLARS AS REPLACEMENT FUNDS.

AND SO THROUGH THE US TREASURY AND SO PER COUNCIL DIRECTION, WE WANT TO FIND WAYS TO REINVEST IN THE COMMUNITY AND SO WE'RE LOOKING FOR THINGS TO DO. A LOT OF THE THINGS THAT WE'RE LOOKING AT IS, YOU KNOW, PARTNERING WITH NEIGHBORHOODS, ESPECIALLY FOR FENCES THAT ARE ON ARTERIAL ROADS EXCUSE ME, SHOPPING CENTERS THAT NEED SOME LOVE AND ATTENTION.

WE ARE JUST WANTING TO DO THINGS THAT ADD VALUE TO THE COMMUNITY AND ADD VALUE TO THE RESIDENTS.

AND SO STAY TUNED FOR MORE TO COME.

BUT AND AS Y'ALL KNOW, Y'ALL HAVE DONE PAST VOTES THAT HAVE AUTHORIZED IMPROVEMENTS TO THE FIRE STATION.