* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:08] WELL, BEFORE WE GET [1. Call to Order of the Edmond City Council Meeting.] STARTED THIS EVENING, FIRST I WANNA WELCOME EVERYONE INTO THE NEW COUNCIL CHAMBERS. UM, AND I WOULD LIKE TO REMIND EVERYONE GOING INTO THIS MEETING THAT WE DO HAVE SOME CITY COUNCIL RULES THAT WE USE DURING THESE MEETINGS. AND I'M JUST GONNA GO OVER QUICKLY OVER A FEW OF THEM. UM, ALL ATTENDEES ARE EXPECTED TO BEHAVE IN A CIVIL AND RESPECTFUL MANNER, SHOUTING, YELLING, THREATENING BEHAVIOR, AND ANY OTHER DISRUPTIVE CONDUCT IS NOT ALLOWED. UH, IF YOU WOULD LIKE A COPY OF THESE, THEY ARE AVAILABLE ONLINE. WE ALSO HAVE THE AGENDA AVAILABLE ONLINE. SO, WITH ALL OF THAT SAID, LET'S [A. Presentation of a Proclamation Recognizing August 3rd to August 9th as National Farmer's Market Week.] GET STARTED. WE'RE GONNA START OFF WITH PRESENTATION. PRESENTATION OF A PROCLAMATION, RECOGNIZING AUGUST 3RD TO AUGUST 9TH AS NATIONAL FARMER'S MARKET WEEK. AND I DO BELIEVE, DIDN'T EMILY, HERE SHE IS. COME ON UP. WE'RE WE'RE HAVING TO WORK THROUGH THIS 'CAUSE WE'RE SO USED TO THE MAYOR WALKING DOWN FRONT. UM, AND IT DOESN'T QUITE WORK THAT WAY ANYMORE. SO, UM, THIS IS EMILY AND HER TEAM. WHEREAS THE EDMOND FARMERS MARKET ACCOUNTED FOR $1.61 MILLION IN TOTAL SALES FOR LOCAL FARMERS, RANCHERS, MAKERS AND BAKERS IN 2024, DEMONSTRATING THE CRUCIAL ROLES OF FARMERS, FARMERS MARKETS IN LOCAL ECONOMIES. AND WHEREAS THE EDMOND FARMER MARKET IS ON TRACK TO INCREASE ITS FOOTPRINT IN DOWNTOWN EDMOND IN 2025, WITH 80 SMALL BUSINESSES REPRESENTED AT THE MARKET THROUGHOUT THE SEASON. AND WHEREAS FARMER'S MARKETS SERVE AS EDUCATIONAL SITES AND AS BRIDGES BETWEEN URBAN AND RURAL COMMUNITIES CONTRIBUTING TO A BETTER PUBLIC UNDERSTANDING OF FARMING, RANCHING, AND ENTREPRENEURSHIP. AND WHEREAS THE EDMONDS FARMER'S MARKET HAS BECOME THE CON COMMUNITIES HUB FOR ACCESS TO CITY OF EDMOND DEPARTMENTS THROUGH PARTNERSHIP WITH THE EDMOND POLICE DEPARTMENT, EDMOND URBAN FORESTRY, AND EDMOND ANIMAL SERVICES. AND WHEREAS NATIONAL FARMERS MARKET WEEK IS A TIME TO RECOGNIZE THE UNIQUE AND INDISPENSABLE ROLE FARMERS MARKETS PLAY IN SUPPORTING FOOD ACCESS, BOLSTERING LOCAL ECONOMIES, PROMOTING HEALTHY COMMUNITIES, AND FOSTERING SUSTAINABLE FARMING. NOW, THEREFORE, I MARK A. NASH MAYOR OF THE CITY OF EDMOND, DO HEREBY PROCLAIM AUGUST 3RD THROUGH AUGUST THE NINTH, 2025 AS NATIONAL FARMERS MARKET WEEK IN EDMOND. YOU GUYS WANNA GET UP THERE TOGETHER REAL QUICK? OKAY. I THINK, OH, HELLO. UH, THANK YOU MAYOR NASH, CITY COUNCIL, ALL OF CITY LEADERSHIP, AND OF COURSE EVERYONE HERE WHO HAS SHOPPED THE MARKET, COMES OUT AND SEES US EVERY WEEK. WE ARE OPEN EVERY SATURDAY IN DOWNTOWN EDMOND, STILL THROUGH THE END OF OCTOBER. OUR WEDNESDAY MARKET AT MITCH PARK IS ALSO OPEN RIGHT NOW. UM, AND THEN WE WILL MOVE INDOORS STARTING IN NOVEMBER. AND JUST OF EVERYTHING FROM THE PROCLAMATION, THE ONE BIG THING THAT WE'RE FOCUSED ON RIGHT NOW IS WHEN YOU COME TO THE FARMER'S MARKET, IT IS AN INCREDIBLY HAPPY, INCREDIBLY PEACEFUL, JUST A REALLY GREAT MOMENT FOR YOU TO INTERACT WITH YOUR NEIGHBORS AND YOUR FRIENDS AND YOUR FAMILY, AND MEET NEW PEOPLE. ADOPT A NEW DOG, GET A FREE TREE. UM, PLANNING DEPARTMENT WILL BE OUT THIS WEEKEND. BUT IT REALLY IS THE COMMUNITY HUB FOR EDMOND. AND WE'RE VERY LUCKY TO HAVE A MUNICIPAL MARKET THAT IS TRULY SUPPORTED BY THE CITY AND OUR COUNCIL AND OUR STAFF AND EVERYONE THAT COMES OUT AND JUST REALLY SHOWS ALL OF THESE VENDORS HOW MUCH WE NEED THEM AND HOW MUCH WE WANNA SEE AGRICULTURE CONTINUE TO BE PROMOTED IN EDMOND. UM, AND THEN MY FINAL NOTE BEFORE WE'LL GO WATERMELON IS AN IN SEASON. IT WAS A LITTLE LATE BECAUSE IT'S NOT BEEN TOO HOT. SO IF YOU'VE BEEN LOOKING FOR THE BIG 40 POUND WATERMELONS, WE WILL HAVE THEM STARTING WEDNESDAY AT MITCH PARK, AND THEN EVERY WEEKEND THROUGH LABOR DAY, HOPEFULLY. SO THANK YOU ALL VERY MUCH. ALL RIGHT. ITEM TWO PRESENTATIONS WE HAVE, OR APPOINTMENTS ARE NUMBER [3. Appointments and Reappointments:] THREE. APPOINTMENTS AND REAPPOINTMENTS. WE HAVE 14 OF THEM THIS EVENING. [00:05:01] AND UNLESS ANYBODY ON THE COUNCIL WOULD LIKE TO PULL ANY FOR INDIVIDUAL CONSIDERATION, I WOULD ACCEPT A MOTION TO APPROVE ALL 14 APPOINTMENTS. SO MOVED. MR. MAYOR. SECOND. I HAVE A MOTION AND A SECOND. CAST YOUR VOTE. MOTION PASSES. FIVE ZERO. ALL [4. Recess of the Edmond City Council Meeting and Call to Order of the Edmond Public Works Authority Meeting.] RIGHT. I WILL NOW ENTERTAIN A MOTION TO RECESS THE EDMOND CITY COUNCIL MEETING AND CALL TO ORDER OF THE EDMOND PUBLIC WORKS AUTHORITY MEETING. SO MOVED. SECOND. I HAVE A MOTION TO SECOND CAST YOUR VOTE. MOTION PASSES. FIVE ZERO. CITY COUNCIL IS NOW IN RECESS. PUBLIC WORKS AUTHORITY IS NOW IN SESSION. ITEM FIVE, PUBLIC WORKS, GENERAL PUBLIC WORKS AUTHORITY, GENERAL CONSENT ITEMS? WE HAVE NINE ITEMS. ANYONE HAVE ANY THEY'D LIKE TO PULL FOR SPECIAL CONSIDERATION? SCENE NONE. I WOULD ENTERTAIN A MOTION TO APPROVE. SO MOVE MR. MAYOR SECOND MOTION AND A SECOND CAST YOUR VOTE. I. ITEM FIVE PASSES FIVE ZERO. UH, NUMBER [6. Public Works Authority Discussion and Consideration Items: Items listed under Discussion and Consideration are usually discussed and considered individually, or by project, by members of the Public Works Authority.] SIX. WE HAVE NO SPECIAL ITEMS TO CONSIDER. SO I'LL [7. Adjournment of the Edmond Public Works Authority Meeting and Reconvene the Edmond City Council Meeting.] NOW ENTERTAIN ON NUMBER SEVEN, ADJOURNMENT OF THE EDMOND PUBLIC WORKS AUTHORITY MEETING AND RECONVENE THE EDMOND CITY COUNCIL MEETING. SO MOVE SECOND. I HAVE A MOTION AND A SECOND CAST YOUR VOTE. ITEM SEVEN PASSES. FIVE ZERO. CITY COUNCIL IS BACK IN SESSION. [8. City Council General Consent Items: Items listed under General Consent are usually approved as a group with the proper motion from a member of the Council. Members of the Council may pull any item under General Consent for separate discussion and/or action.] ITEM NUMBER EIGHT, CITY COUNCIL GENERAL CONSENT ITEMS. WE HAVE 22 ITEMS ON THE AGENDA TONIGHT. ITEM N IS BEING CONTINUED UNTIL AUGUST 11TH. ITEM T IS BEING PULLED FOR DISCUSSION AND CONSIDERATION SEPARATELY. SO WITH THE REMAINING 20 ITEMS, UNLESS ANYONE ELSE WANTS SOMETHING PULLED, I'D ENTERTAIN A MOTION TO APPROVE MR. MAYOR. I'D MAKE A MOTION TO APPROVE THOSE ITEMS WITH THE EXCEPTION OF N AND T. SECOND, I HAVE A MOTION AND A SECOND CAST YOUR VOTE. ITEM EIGHT PASSES FIVE ZERO. WE'RE [A. Consideration of City Council General Consent Agenda Items Pulled for Separate Discussion and/or Action.] NOW ON TO NUMBER NINE. AND THE ONLY ITEM WE HAVE HERE IS ITEM T FROM THE PREVIOUS LIST. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION FOR EDMOND MENTAL HEALTH INITIATIVES. $74,884 AND 68 CENTS. UM, MR. INS, WOULD YOU LIKE TO GET US STARTED? AND WE NEED TO BRING SOME MORE STAFF UP? WE CAN. SURE. THANK YOU. UH, SO THIS IS AN ITEM. UH, WE RECEIVE GRANT MONEY BASICALLY THROUGH THE OPIOID GRANT, UH, SYSTEM. UH, WE GET, RECEIVE THAT MONEY, WE HOLD IT UNTIL WE HAVE AN ITEM, UH, TO SPEND THAT MONEY ON. UH, WE'VE NOW HAVE AN ITEM TO SPEND THE $74,000 ON. UH, CHRISTY BATTERSON IS HERE. UH, SHE CAN GIVE YOU MORE DETAILS ON WHAT THAT MONEY IS ACTUALLY GOING TOWARDS. UH, BUT THE WAY WE HAVE TO DO IT WITHIN OUR BUDGET IS THROUGH THE SUPPLEMENTAL APPROPRIATION. HI, CHRISTIE BATTERSON, DIRECTOR OF HOUSING AND COMMUNITY RESOURCES. UM, WE RECEIVED THIS MONEY IN SEPTEMBER OF 2024, AND WHILE WE DID BUDGET A HUNDRED THOUSAND OF IT FOR, UM, VARIOUS CONTRACT SERVICES, UM, IT WAS DECIDED WE'RE HIRING ADDITIONAL, UH, PROBATION OFFICER FOR THE JUVENILE COURT SYSTEM. AND THAT WAS NOT BUDGETED. UM, AND ALSO WE HAVEN'T RECEIVED OUR LAST PAYMENT FROM THE STATE. SO WE BROUGHT THIS FORWARD TO MAKE SURE THAT WE'RE ACCOUNTING FOR ALL REVENUE PER OUR GRANT POLICY. ANY QUESTIONS? SO HERE WE ARE IN THE VERY FIRST MEETING OF THE NEW FISCAL YEAR, AND WE DIDN'T HAVE MONEY IN THE BUDGET TO COVER THIS. DID WE NOT ANTICIPATE THAT WE ARE GONNA SPEND THE REMAINDER OF THIS MONEY THIS FISCAL YEAR? WE ANTICIPATED THE A HUNDRED THOUSAND. YES, WE ANTICIPATED SPENDING ALL OF IT THIS YEAR. WE THOUGHT WE WERE GONNA BE SPENDING SOME OF IT THIS PAST SPRING, BUT IT DIDN'T WORK OUT WITH, UH, CONTRACTS WITH OUR ORGANIZATIONS THAT WE'RE WORKING WITH IN THE COMMUNITY. UM, ADDITIONALLY, WE THOUGHT ORIGINALLY THE PER UH, PERSONNEL SERVICES COSTS WERE GONNA COME OUT OF THE COURT SYSTEM. AND AFTER DISCUSSION, IT WAS A CLEANER WAY OF, UM, UM, TAKING CARE OF THOSE AND TRACKING THOSE THROUGH A DIFF A DIFFERENT FUND, [00:10:01] WHICH IS THE, OUR, UH, OPIATE, UH, OUR OPIATE GRANT MONIES FUND. 'CAUSE IT'S A SEPARATE FUND AND IT'S EASIER TO TRACK THAT AND REPORT THAT TO THE STATE TO HAVE IT SEPARATED FROM THE OTHER PERSONNEL COSTS THAT THE COURT SYSTEM HAS. SO IT WASN'T ANTICIPATED ORIGINALLY WHEN WE STARTED DOING THE BUDGET AND AFTER DISCUSSIONS, AND THEN WE REALIZED THAT IT HADN'T BEEN BUDGETED WITH THE OPIOID GRANT. OKAY, THIS, ONCE AGAIN, THIS IS ONE MORE EXAMPLE OF WHY WE'VE GOT THIS BUDGET PROCESS SO COMPLEX THAT WE CAN'T THINK FAR ENOUGH IN ADVANCE TO GET STUFF BUDGETED WHEN WE NEED IT. THIS ONE MAY HAVE BEEN THAT IT HAPPENED LATE ENOUGH IN THE LAST FISCAL YEAR AS WE LEARNED OVER THE LAST COUPLE OF MEETINGS, RIGHT? THAT CORRECT? WE CAN'T UNTANGLE THAT MESS WHEN WE GET TO A CERTAIN POINT THAT EITHER ADD OR SUBTRACT, RIGHT? BUT WE'VE GOT TO GET THIS UNDER CONTROL. WE DON'T NEED TO BE HERE THE VERY FIRST WEEK. WELL, THE VERY FIRST MONTH OF THE NEW FISCAL YEAR DOING BUDGET AMENDMENTS. UM, THAT'S NOT WHAT CITY GOVERNMENT SHOULD BE DOING. THAT'S NOT WHAT ANY GOVERNMENT SHOULD BE DOING. UM, THAT HELPS A LOT TO UNDERSTAND WHAT HAPPENED. AND I, I APPRECIATE YOU TELLING US EXACTLY WHERE WE WENT ON THIS THING. UM, AND WE'LL FIGURE OUT HOW WE UNTANGLE THIS FURTHER AS WE GET INTO THIS YEAR. SO, APPRECIATE IT. ANY OTHER QUESTIONS? I HAVE A MOTION. SO MOVED. MAYOR, I HAVE A MOTION. I A SECOND AND A SECOND. ALL IN FAVOR VOTE. AND THE MOTION PASSES. FIVE ZERO. [A. Final Public Hearing and Consideration of The City of Edmond’s 2025-2030 Community Development Block Grant (CDBG) Five Year Consolidated Plan and the 2025 Annual Action Plan to be Submitted to the US Department of Housing and Urban Development (HUD). The FY2025 CDBG allocations will be $499,591.00. (Citywide)] WE ARE NOW ON ITEM 10, CITY COUNCIL PUBLIC HEARING ITEMS ITEM A FINAL PUBLIC HEARING AND CONSIDERATION. THE CITY OF EDMONDS 25 TO 25, 20 25 TO 25 30 COMMUNITY DEVELOPMENT BLOCK GRANT, CDBG FIVE YEAR CONSOLIDATED PLAN IN THE 2025 ANNUAL ACTION PLAN TO BE SUBMITTED TO THE US DEPARTMENT OF HOUSING AND THE URBAN DEVELOPMENT HUD, THE H THE FY 2025 CDBG ALLOCATIONS WILL BE $499,591,000 STAFF. CHRISTY BATTERSON, DIRECTOR OF HOUSING COMMUNITY RESOURCES. IT'S MY PLEASURE, UM, TO BRING FORWARD OUR FINAL PUBLIC HEARING OF OUR, UH, COMMUNITY DEVELOPMENT BLOCK GRANT, FIVE YEAR CONSOLIDATION PLAN IN OUR FIRST YEAR ACTION PLAN. NEXT SLIDE PLEASE. SO, A LITTLE BIT ABOUT COMMUNITY DEVELOPMENT. IT IS A FEDERAL FUNDING. WE ARE WHAT WE CALL AN ENTITLEMENT COMMUNITY. UM, THERE'S ABOUT 13 OF 'EM STATEWIDE. UM, MEANING THAT WE HAVE A POPULATION OVER $50,000. FUNDING ALLOCATION IS BASED ON FORMULAS CALCULATED USING THE NUMBER OF LOWER INCOME INDIVIDUALS, THE AGE OF OUR HOUSING, STOCK POVERTY LEVELS AND DETERIORATING HOUSING CONDITIONS, AND SOME OTHER FACTORS THAT, UM, GO INTO THAT NEXT SLIDE. SO WHAT WE HAVE TO DO IS EVERY FIVE YEARS WE BRING FORWARD A CONSOLIDATION PLAN. UM, THIS IS BASICALLY, YOU CAN THINK OF IT AS OUR FRAMEWORK, OUR FIVE YEAR STRATEGIC PLAN WITH GOALS. UM, OUR CITIZEN PARTICIPATION COMMITTEE HAS WORKED DILIGENTLY AND HARD OVER THE LAST YEAR TO MAKE SURE THAT THIS IS A ROBUST AND RESILIENT PLAN. UM, AND THEN YOU CARRY OUT THOSE, UM, GOALS AND OBJECTIVES, UM, WITH YOUR ANNUAL ACTION PLAN. SO WHEN YOU, EVERY FIVE YEARS, WE BRING FORWARD ANOTHER FIVE YEAR ACTION, UH, CONSOLIDATED PLAN AND A ONE YEAR ACTION PLAN. NEXT SLIDE, PLEASE. A LOT OF DATA GOES INTO THIS. UM, OVER THE LAST YEAR, UH, WE'VE DONE A LOT OF DATA MINING, DATA COLLECTION. WE'VE DONE A LOT OF, UH, BRINGING SPEAKERS IN FROM OTHER COMMUNITIES AROUND THE METRO AREA TO SEE WHAT THEY'RE DOING WITH THEIR CDBG MONEY. WE DID HAVE A HOUSING NEEDS ASSESSMENT. THIS IS, UM, WAS DONE BACK IN AUGUST OF 2023. THERE WAS FOUR MAIN, UH, STRATEGIES IN 25 TACTICS. WE BROUGHT THAT FORWARD TO THE CITY COUNCIL IN 2023. UM, OF THOSE FOUR, UH, THE FOUR MAIN STRATEGIES WERE REDUCED BARRIERS TO EXPAND PRODUCTION OF ALL HOUSING TYPES FOR SALE AND FOR RENT. A DIVERSIFY TYPE OF HOUSING AND PRICE POINTS, UM, AND FACILITATE THE IMPROVEMENT OF OUR OLDER HOUSING STOCK. AND THEN SUPPORT EMPLOYERS ECONOMY AND WORKERS THROUGH WORKFORCE HOUSING. AND OF THOSE, THOSE ARE 25 TACTICS OF HOW TO ACCOMPLISH THOSE FOUR STRATEGIES. AND AGAIN, THE CITIZEN PARTICIPATION COMMITTEE, ALONG WITH THE PLANNING AND LONG RANGE PLANNING DEPARTMENT, UM, KIND OF OVERSEE THE IMPLEMENTATION OF THE THAT HOUSING NEEDS ASSESSMENT. NEXT SLIDE, PLEASE. I'M NOT GONNA READ EVERYTHING ON THIS SLIDE 'CAUSE IT'S A LOT OF WORDS AND I APOLOGIZE. BUT ONE OF THE REQUIREMENTS EVERY FIVE YEARS IS WE LOOK AT THE IMPEDIMENTS OR BARRIERS TO HOUSING. I WOULD LIKE TO POINT OUT JUST A FEW. UM, THE SAME FOLKS DEVELOPMENT STRATEGIES THAT DID OUR HOUSING AND NEEDS ASSESSMENT ALSO PRE-PRODUCED OUR HOUSING IMPEDIMENTS. UM, THIS WAS PRESENTED TO THE CITIZEN PARTICIPATION COMMITTEE [00:15:01] EARLIER THIS SPRING. UM, AND AGAIN, I'M NOT GONNA READ EVERYTHING, BUT SOME OF THE THINGS THAT I'D LIKE TO POINT OUT ARE THE RISING COST OR THE HOUSING COST BURDEN ARE POSING MAJOR CHALLENGES THROUGHOUT THE CITY. UM, THAT CITY, TOTAL OF HOUSEHOLDS TO 25% OF THE HOUSEHOLDS THROUGHOUT THE CITY ARE COST BURDEN. AND WHEN WE TALK ABOUT COST BURDEN, THAT IS YOUR UTILITIES, YOUR RENT OR MORTGAGE, YOUR, UH, INSURANCE, YOUR TAXES. YOU CANNOT BE MORE THAN 30% OF YOUR DISPOSABLE INCOME. IF THEY'RE OVER 30%, YOU ARE WHAT THEY CALL, UM, HOUSE COST BURDEN. UM, I HAVE SOME STATISTICS A LITTLE BIT LATER, UM, THAT, WELL, 25% ARE COST BURDEN AND THEN 12% ARE SEVERELY COST BURDEN. AND THAT'S WHEN 50% OR MORE OF YOUR HOUSING COSTS ARE COMING OUTTA YOUR DISPOSABLE INCOME. ALSO, UM, HOUSING OPTIONS ARE VERY LIMITED TO THOSE THAT NEED A DA ACCESSIBILITY. UH, ONE OF THE THINGS THAT WE DO WITH OUR REHAB PROGRAM THAT I'LL TALK ABOUT IN A LITTLE BIT, A LITTLE BIT, IS GOING INTO OWN OCCUPIED HOMES AND MAKING THOSE HOMES ACCESSIBLE FOR FOLKS, ESPECIALLY WITH OUR INCREASE OF AGING POPULATION THROUGH OUR CITY. I THINK YOU'VE HEARD ME AS WELL AS CHRISTIE, WINTER OF EDMOND MOBILE MEALS, SAY TIME AND TIME AGAIN, OUR SENIOR POPULATION IS INCREASING. UM, IT WILL OUTPACE OUR YOUNG POPULATION BY YEAR 2030. AND THERE'S NOT ENOUGH, UM, UH, HOUSING OPTIONS THROUGHOUT THE CITY FOR THOSE THAT NEED A DA ACCESSIBILITY. AND FINALLY, OKLAHOMA IS ONE OF ONLY SIX STATES THAT DOES NOT HAVE AN ANTI-RETALIATION LAW PROTECTING TENANTS AND LANDLORDS. UM, SO THIS IS SOMETHING THAT ALSO COULD BE A BARRIER TO HOUSING. NEXT SLIDE, PLEASE. JUST SOME MORE CURRENT POPULATION AND HOUSING CHARACTERISTICS THAT WE LOOK AT AND, AND FOLD INTO THE 167 PAGE PLUS, UM, THAT WAS ATTACHED TO THE AGENDA. UM, IN FACT, THIS MEDIAN HOUSEHOLD INCOME IS HIGHER EVEN THAN WHAT WE REPORTED. AGAIN, WE'VE COLLECTED THESE STATISTICS OVER THE LAST SEVERAL MONTHS. I BELIEVE IT'S OVER A HUNDRED THOUSAND DOLLARS IS OUR MEDIAN INCOME NOW. UM, BUT 98,524 VERSUS THE STATE AT A, YOU KNOW, A LITTLE OVER 63,000. UM, WE HAVE A CURRENT PERCENTAGE OF HOU EDMOND HOUSEHOLDS ACROSS, UH, THE COMMUNITY WITH LOW TO MODERATE INCOME. AND WHEN, AND I'LL TALK ABOUT THOSE INCOME LIMITS IN JUST A MINUTE. THIS IS AN INCREASE AT 34.6%. FIVE YEARS AGO IT WAS AROUND THE 30%. SO IT HAS INCREASED OVER THE LAST FIVE YEARS. UM, AND THEN AS YOU CAN SEE, UH, 5.8 HOUSEHOLDS HAVE AN INCOME BETWEEN 25,030, JUST UNDER 35,000. AND WE DO HAVE, UM, A ROUGHLY AROUND 5.3 THAT HAVE BELOW THAT 15, WHICH IS EXTREME. UM, LOW INCOME, UH, 10% HAVE REPORTED DISABILITY. ALMOST 8,000 HOUSEHOLDS HAVE ONE OR MORE SEVERE HOUSING PROBLEMS. THIS CAN BE ANYTHING FROM, UH, PLUMBING ISSUES, UH, OVERCROWDING, MEANING YOU HAVE A FAMILY OF FIVE THAT'S LIVING IN A TWO BEDROOM, A, UH, HOUSE OR APARTMENT. 39% OF OWNER OCCUPIED HOUSEHOLDS, THAT'S A LITTLE OVER 36,000 ARE COST BURDEN, WHICH IS A 9% INCREASE OVER THE LAST FOUR YEARS. UM, AND AGAIN, OUR AGING HOUSING STOCK, UM, 60% OF IT WAS BUILT PRIOR TO THE YEAR 2000. NEXT SLIDE, PLEASE. THIS IS JUST A MAP THAT WILL INCLUDE IN OUR PLAN THAT IS SUBMITTED TO HUD THAT SHOWS WHERE, UM, 50 OR MORE OF THOSE HOUSEHOLDS WITH SEVERE COST BURDEN ARE LOCATED. THEY ARE LOCATED IN THE CDBG AREA, BUT YOU CAN SEE IT'S EXPANDING TO THE SOUTH OF THE COMMUNITY AS WELL AS TO THE EAST TOWARDS I 35. NEXT SLIDE PLEASE. AND THIS IS THOSE HOUSEHOLDS THAT HAVE AN INCOME BELOW POVERTY LEVEL. AGAIN, UH, ALONG THAT, UM, C-D-B-J-C-D-B-G AREA, UM, AROUND THE UNIVERSITY. A LOT OF THESE ARE RENTAL, UM, BUT UM, IT ALSO INCLUDES OWNER OCCUPIED. NEXT SLIDE, PLEASE. THIS IS OUR TARGET AREA. UM, WHEN WE SERVE THE CDBG INDIVIDUALS, THOSE THAT QUALIFY FOR OUR PROGRAM, EVEN THOUGH WE DO, UH, QUALIFY FOLKS CITYWIDE, UM, AND WE HAVE ABOUT A, LIKE I SAID, A 35% LOW TO MEDIAN INCOME, UH, PERCENTAGE THROUGHOUT THE COMMUNITY. WE DON'T SERVE ANYBODY ABOVE THAT 80%. UM, WE TRY TO STRETCH OUR DO DOLLARS. WE DON'T GET A LOT. SO WE TRY TO MAKE THE, THE MOST OUT OF OUR MONEY THAT WE RECEIVE. UM, THIS AREA, THE TARGETED AREA OR WHAT WE CALL A TARGETED AREA, OVER 51% OF IT IS LOW TO MOD INCOME. WE DO, AGAIN, SERVE ALL OF THE EDMOND RESIDENTS AS LONG AS THEY QUALIFY INCOME WISE. UM, AND THEN WE DO HAVE WHAT WE CALL QUALIFIED CENSUS TRACKS THROUGHOUT THE COMMUNITY. THEY'RE JUST NOT CONNECTED. AND A-C-D-B-G AREA HAS TO BE, OR THE TARGETED AREA HAS TO BE CONTINUOUS. UM, AND, BUT WE DO HAVE OTHER QUALIFIED CENSUS TRACKS TO THE SOUTH AND TO THE EAST, UM, THAT, UM, ARE THOSE RESIDENTS THAT LIVE IN THERE THAT WE, WE SERVE OR MAY GIVE PRIORITY TO, DEPENDING ON WHAT PROGRAMMING WE'RE CARRYING OUT. UM, I WILL SAY THAT LAST YEAR HUD DID [00:20:01] GIVE US A, UH, WAIVER THAT INSTEAD OF THE 51%, WHICH IS FEDERAL REGULATION, THAT WE CAN DO 47% FOR A QUALIFIED CENSUS TRACK. SO THAT DOES HELP US EXPAND THOSE INDIVIDUALS THAT WE CAN QUALIFY FOR SERVICES. NEXT SLIDE PLEASE. ELIGIBLE ACTIVITIES VERY IMPORTANT. YOU'VE HEARD ME BEFORE, SAVE TIME AND TIME AGAIN. COMPLIANCE IS IMPORTANT. NATIONAL GOALS. NUMBER ONE, MOST IMPORTANT IS THE BENEFIT TO LOW INCOME INDIVIDUALS OR LMI. IT MUST, UH, EXPAND, UH, NOT LESS THAN 51%. SO THE MINIMUM MONEY THAT WE SPEND AT MINIMUM, 51% HAS TO BE SPENT ON EMOD INCOME INDIVIDUALS. AND AGAIN, WE DON'T SERVE ANYBODY THAT DOESN'T QUALIFY. SO THEY HAVE TO BE LESS THAN THAT 80% LMI. IT MUST AID PREVENTION OR ELIMINATE SLUMS OR BLIGHT. AND IT MUST HAVE AN URGENT NEED. UM, UNLIKE WHEN WE GOT CARES MONEY THAT WAS LABELED THAT URGENT NEED. UM, NUMBER ONE, GOAL AND OBJECTIVE OF CDBG PROGRAMMING IS TO PREVENT HOMELESSNESS, HOMELESSNESS ELIGIBLE ACTIVITIES RANGE. THE ONE THING THAT I LIKE ABOUT CDBG FUNDING IS WE HAVE A BROAD, A BROAD, UM, AREA OR ACTIVITIES THAT WE CAN FOLLOW THROUGH AND, AND PROVIDE FOR OUR COMMUNITY. UM, JUST A HIGH LEVEL OF WHAT WE CAN PROVIDE OUR PUBLIC SERVICES. TIME AND TIME AGAIN, YOU'LL HEAR ME, WE CANNOT DO WHAT WE DO WITHOUT OUR PARTNERSHIPS WITH OUR NON-PROFITS. UM, THEY CARRY OUT SERVICES AND PROVIDE ASSISTANCE THAT THE CITY CAN'T. SO WE PROVIDE THEM AN ALLOCATION AS A SUB-RECIPIENT AND THEY CAN CARRY THOSE THINGS OUT LIKE RENTAL ASSISTANCE, FOOD, NUTRITION, ET CETERA. OUR BIGGEST PROGRAM IS OUR HOUSING REHABILITATION PROGRAM. IT'S OUR OWNER OCCUPIED, UH, AND OTHER HOUSING ACTIVITIES. WE ALSO PROVIDE HOME BUYERS ASSISTANCE, 50% OF A DOWN PAYMENT UP TO 14,999. AND THEN WE CAN ALSO DO INFRASTRUCTURE IMPROVEMENTS LIKE SIDEWALKS AND LIGHTING THAT CONNECTIVITY TO WORK TO SCHOOL TO PLAY THAT THOSE FOLKS MIGHT NOT HAVE IN AREAS, UM, THAT THEY, THAT THEY LIVE IN. NEXT SLIDE, PLEASE. INCOME REQUIREMENTS. THESE CHANGE EVERY YEAR IN APRIL, MAY. UH, THESE ARE THE, THESE ARE THE INCOME REQUIREMENTS UNTIL NEXT YEAR. UH, A PERSON OF ONE TO QUALIFY FOR ANY SERVICE, WHETHER IT'S US OR A, UH, NONPROFIT THAT'S CARRYING OUT A PUBLIC SERVICE HAS TO MAKE BELOW 54,750. THAT IS GROSS. THAT IS NOT NET A, A FAMILY OF FOUR MUST MAKE UNDER 78,000. UM, AND SO, LIKE I SAID, WE DON'T SERVE ANYBODY BELOW, UH, OR ABOVE THAT 80% AREA MEDIAN INCOME. NEXT SLIDE, PLEASE. SO, LIKE I SAID, THE CITIZEN PARTICIPATION COMMITTEE HAS SPENT OVER THE LAST YEAR PUTTING THIS TOGETHER. UH, WE WANTED TO GET A HEAD START ON IT. UM, AND I WANTED TO MAKE IT ROBUST. UH, I WANTED THEM TO BE ABLE TO, UH, HAVE A LOT OF INPUT. UM, WE HEARD FROM A VARIETY OF PARTNERSHIPS OR COLLABORATIONS WITH, UM, THE DEPARTMENTS. UM, I'D LIKE TO GIVE A HUGE SHOUT OUT TO THE PLANNING DEPARTMENT, UM, FOR STEPPING IN WITH US AND, UH, GIVING IDEAS AND, UM, BRINGING FORTH THINGS THAT ARE THROUGH EDMOND BUILDS MOND SHIFT, UH, EDMOND PLAN, ANY OF THE PLANS THAT THE PLANNING DEPARTMENT DOES, UH, HAS A COMPONENT SOMEWHAT INTO THIS PLAN. UH, WE LIKE TO PLAN, UM, WHAT WE HAVE GOALS AND STRATEGIES THAT ARE SET FOR THE FIVE YEARS. AND THEN WE'LL HAVE TACTICS AND, UH, ACTIONS UNDERNEATH THAT FOR THE NEXT FIVE YEARS. I WILL MENTION THAT WE CANNOT CHANGE THIS ONCE THIS IS SET AND SUBMITTED TO HUD WITHOUT A AMENDMENT, AND THAT GOES THROUGH A PUBLIC HEARING PROCESS AND A COMMENT PERIOD. SO THE FIRST GOAL IS TO ELIMINATE BARRIERS AND IMPROVE ACCESS TO AFFORDABLE E ENERGY EFFICIENT AND FAIR HOUSING. UM, I'M NOT GONNA READ ALL THE TACTICS UNDERNEATH IT. I'D JUST LIKE TO TO POINT OUT THAT A LOT OF THIS, UM, WE'LL BE SUPPORTING OUR, UH, REHAB OWNER OCCUPIED REHAB, UH, PROGRAM, AS WELL AS, UM, EXPANDING OPPORTUNITIES FOR HOME BUYERSHIP, UM, AND REALLY LOOKING AT OUR AGING HOUSING STOCK AS WELL AS OUR MULTIFAMILY HOUSING, UM, AGING, UH, STOCK THAT WE NEED TO, UM, SUPPORT AND POTENTIALLY HELP GET UP TO CODE STANDARDS. UM, WORKING WITH OUR NONPROFITS, AGAIN, ENCOURAGING CONSTRUCTION OF SENIOR HOUSING OR HOUSING FOR THOSE THAT ARE DISABLED. UM, AND WORKING WITH METRO FAIR HOUSING, WHO I'LL TALK A LITTLE BIT MORE ABOUT. AND THEN JUST A MINUTE IN SUPPORTING OUR FAIR HOUSING AND EQUAL OPPORTUNITY EDUCATION THROUGHOUT THE COMMUNITY. NEXT SLIDE PLEASE. GOAL TWO IS SUPPLEMENT FUNDING FOR PUBLIC AND SOCIAL SERVICES RELATED TO HOUSING, FOOD SECURITY, AND HELP ALLEVIATE HOUSING COSTS. UM, NOT EVERY COMMUNITY GIVES A MONEY TO PUBLIC SERVICES WITH THEIR CDBG MONEY. AND THE CITIZEN PARTICIPATION COMMITTEE TALKED THROUGH SEVERAL MEETINGS OF WHETHER WE WOULD CONTINUE THIS PRACTICE. HISTORICALLY WE HAVE. UM, BUT THEY FELT THAT THE, WITH THE, UH, CHANGE IN THE FEDERAL GOVERNMENT AND NOT KNOWING WHAT ASSISTANCE WAS GONNA BE AVAILABLE TO SOME OF THESE NONPROFITS, THAT IT WAS, IT WAS BEST THAT WE CONTINUE SUPPORTING THESE AGENCIES THAT PROVIDE THE RENTAL ASSISTANCE, [00:25:01] THAT PROVIDE NUTRITION, UM, UH, SUPPLEMENTAL FOOD LIKE EDMOND MOBILE MEALS HOPE CENTER PROJECT 66, BECAUSE THAT WAY IT LEAVES MORE DISPOSABLE INCOME FOR THOSE INDIVIDUALS THAT THEY COULD SPEND ON THEIR HOUSING. UM, PROMOTING FAIR HOUSING, UH, AND REALLY WORKING WITH THE SCHOOL SYSTEM, UM, OF THEIR IN-HOUSE POPULATION AND MAKING SURE THAT THEY HAVE THEIR NEEDS MET. GOAL NUMBER THREE. UH, NEXT SLIDE PLEASE. UM, INCREASE IN PUBLIC INFRASTRUCTURE AND THE MULTIMODAL ACCESS TO HEALTHY FOODS, JOBS, HEALTHCARE, RECREATION, EDUCATION ACROSS EDMOND CITY LIMITS AND SPECIFIC FOCUS OF THAT CAB TARGET AREA AND WHAT WE CALL EDMOND BUILDS AREA. AND AS WELL AS URBAN FORESTRY RELIEF PROGRAM THAT THEY'RE ROLLING OUT. AGAIN, THAT COLLABORATION, MAKING SURE THAT WE'RE ENCOMPASSING ALL PROGRAMS AND PROVIDING TO ALL, UM, THOSE INDIVIDUALS IN THE COMMUNITY. UM, WE DO A NEIGHBORHOODS PROGRAM WHERE WE GO INTO, AGAIN, ON PROPERTY THAT A TREE MIGHT BE CAUSING HARM TO OR COULD FALL ON THE HOME AND PROVIDING A SAFETY ISSUE, WE WILL REMOVE THAT FREE OF CHARGE. UM, AND THAT'S IN CORROBORATION WITH URBAN FORESTRY. UM, THERE WITH EDMOND BUILDS, IT'S, IT'S PROVIDING, UH, RESILIENCY IN THESE SMALL COMMUNITIES. WE HAVE IDENTIFIED THREE WITHIN THE CDBG AREA. YOU'VE PROBABLY HEARD OF, OF THEM, THE CHITWOOD PARK AREA, ROSSMORE, AND THEN HIGHLAND PARK, WHICH IS ON THE OTHER SIDE OF UCO, UM, WE'RE LOOKING AT AND MAYBE ADDING A FOURTH ONE AROUND THE SUNSET AREA. UM, AND THESE EITHER HAVE A MIDDLE ELEMENTARY SCHOOL, UH, THEY USUALLY HAVE A PARK NEARBY, AND IT'S REALLY BUILDING THAT CAPACITY FOR THOSE, UH, LITTLE POCKET NEIGHBORHOODS. UH, OKLAHOMA CITY HAS BEEN VERY SUCCESSFUL IN THIS. THAT'S A STRONG NEIGHBORHOOD INITIATIVES, SNI. UM, AND WHEN OUR COMMITTEE HEARD ABOUT THOSE, THEY WERE, THEY JUMPED IT AND JUMPED ON IT AND SAID, WE, WE WANNA DO THIS. UH, NORMAN HAS ROLLED OUT A SIMILAR PROGRAM RECENTLY, AND SO WITH THAT'S WHAT WE CALL IT IS EDMUND BUILDS. AND SO WE'RE VERY EXCITED ABOUT BEING ABLE TO IDENTIFY, UM, PROGRAMMING TO GO INTO AND CONCENTRATE IN THOSE AREAS. NEXT SLIDE PLEASE. GOAL NUMBER FOUR IS SUPPORT THAT NEIGHBORHOOD SAFETY, HEALTH AND QUALITY OF LIFE. AGAIN, UH, ESPECIALLY IN, UH, AREAS THAT ARE GETTING DEVELOPED. NOT ALL THESE OLDER NEIGHBORHOODS HAVE SIDEWALKS. UM, THERE'S NOT SAFE ROUTES FOR KIDS TO GET TO SCHOOL. AND SO WE CAN UTILIZE SOME OF OUR FUNDING, UH, TO PROVIDE LIGHTING, TO PROVIDE THAT CONNECTIVITY BETWEEN A DEVELOPER THAT HAS JUST DEVELOPED A SITE. HIS SIDEWALK ENDS, WE'LL CONNECT IT TO ANOTHER SIDEWALK TO MAKE SURE THAT THEY CAN WALK ON THE SIDEWALKS AND NOT IN THE STREET TO GO TO SCHOOL. UM, THERE ARE OTHER THINGS THAT WE CAN DO, UM, JUST TO MAKE IT SAFE AGAIN, WORKING WITH URBAN FORESTRY TO REMOVE DEAD, UH, DEAD TREES. UM, THE LAST TIME WE HAD A SNOWMAGEDDON, UM, WE WENT IN AND THAT, I CALL IT A ICE STORM. WE WENT IN AND WE HELPED REMOVE TREES OR GET THE DEBRIS UP TO THE FRONT SO THAT THE CITY COULD PICK UP. SO REALLY WORKING WITH THE PUBLIC AND EDUCATING, ENFORCING KIT, UH, PROPERTY OWNERS ON THEIR MAINTENANCE CODES. UM, AND SO THAT IF THEY STAY ON TOP OF EVERYTHING, THEN THAT HOME DOESN'T DETERIORATE OVER TIME. NEXT SLIDE, PLEASE. AND LAST, THE LAST FIFTH, UH, GOAL IS TO EXPLORE AND UTILIZE EXPANSION OF COMMUNITY, DEVELOP AND RESOURCES THROUGH ADDITIONAL FEDERAL FUNDING. WE ONLY GET WHAT WE GET FROM THE FEDERAL GOVERNMENT. UM, HOWEVER, THERE'S OTHER PROGRAMS OUT THERE, OTHER FEDERAL FUNDING OUT THERE THAT WE COULD, WE'VE NEVER GONE AFTER. UH, I'M A FIRM BELIEVER IN TRYING TO MAXIMIZE THE AMOUNT OF FUNDING THAT WE CAN RECEIVE THAT WOULD HELP BENEFIT OUR COMMUNITY. UM, SO THERE'S WHAT THEY CALL HOME FUNDS THAT COULD OPEN UP WHERE WE CAN REHABILITATE MORE HOMES, WE CAN PROVIDE MORE HOME BUYERS ASSISTANCE. WE COULD, UM, PROVIDE DIRECT RENTAL ASSISTANCE. THERE'S VERY, THERE'S A LOT OF THINGS THAT YOU CAN DO WITH ADDITIONAL FEDERAL FUNDING THAT WE DON'T YET QUALIFY FOR. UM, ONLY BECAUSE THE ONLY THRESHOLD WE NEED TO HIT IS WE NEED TO RECEIVE MORE THAN $750,000 A YEAR FROM HUD. AND WE DON'T AT THIS TIME. UM, BUT, BUT THERE'S DIFFERENT WAYS THAT WE CAN RECEIVE THAT FUNDING EVEN THOUGH WE DON'T QUALIFY DIRECTLY FOR IT. NEXT SLIDE, PLEASE. SO, CDBG DOES HAVE SOME FUNDING LIMITS. UM, OUR PUBLIC SERVICES, WE CAN ONLY GIVE 15% OF WHAT WE RECEIVE TO PUBLIC SERVICES, AND WE CAN ONLY USE 20% FOR ADMINISTRATION FEES. UM, THAT PAYS FOR MY STAFF OF ONE PERSON, AND THAT ALSO PAYS FOR METRO FAIR HOUSING. THE REST OF IT CAN USE FOR THAT BROAD, UH, CATEGORY OF, UH, RESOURCES THROUGHOUT DIFFERENT PROGRAMMING. NEXT SLIDE, PLEASE. THIS IS THE MEAT OF IT. BESIDES THE GOALS AND THE OBJECTIVES, THIS IS WHAT, HOW WE'RE GONNA USE THE MONEY. SO AGAIN, WE ARE RECEIVING $464,673. THAT IS A REDUCTION FROM LAST YEAR OF ABOUT $37,000. UM, HOWEVER, I'VE BEEN PRETTY FU FRUGAL WITH OUR MONEY OVER THE YEARS AND WE HAVE A LITTLE OVER A MILLION DOLLARS IN WHAT I CALL THE HUD BANK. UM, SO WE'RE THIS YEAR BECAUSE OUR CITIZEN PARTICIPATION COMMITTEE SAID SPEND IT. UM, AND TO SHOW THAT WE'RE GOOD STEWARDS OF FEDERAL MONEY, WE ARE PULLING 300,000 [00:30:01] PER PREVIOUS YEAR'S FUNDING. SO WE WILL BE BUDGETING $799,591. THAT DOESN'T SEEM LIKE A LOT OF MONEY. UM, BUT WE DO A LOT WITH THAT MONEY. UM, THE MAJORITY OF OUR FUNDING IS GOING TO THAT HOUSING, REHABILITATION AND ADMINISTRATION COST. I HAVE A REHAB SPECIALIST PROJECT COORDINATOR THAT IS SPLIT WITH THE BUILDING DEPARTMENT. I PAY HALF OF HIS SALARY FOR HIM TO ADMINISTER OR BE THE PROJECT COORDINATOR OVER OUR GENERAL CONTRACTORS AND TRADES. UM, WE WILL BE PROVIDING HUM BUYERS ASSISTANCE. AGAIN, THAT IS THAT 50% DOWN PAYMENT UP TO 14,999. WE SET ASIDE SOME MONEY FOR EDMUND BUILDS. THIS IS FOR EDUCATION AND OUTREACH AND MAYBE SOME PROJECTS THAT WE CAN DO, UH, WITH THE LONG RANGE PLANNING DEPARTMENT. UM, OUR NOW NON HOUSING ACTIVITIES IS WHAT WE CALL OUR NEIGHBORHOOD TREE PROGRAM. WE ONLY SET ASIDE $10,000. UM, FOR THIS, UH, YOU KNOW, ONE TREE REMOVAL CAN COST UP TO 20 $530,000. SO THIS DOESN'T GO FAR. UM, BUT WE CAN ADJUST SOME OF OUR OTHER HOUSING ACTIVITIES IF WE NEEDED TO ADD SOME MORE MONEY IN THERE. AND THEN WE DID SET ASIDE 75,000 FOR INFRASTRUCTURE IMPROVEMENT. AGAIN, IN THOSE EDMOND BUILDS AREAS IN THAT CDBG AREA, THERE'S SOME CONNECTIVITY THAT WE NEED TO DO, SOME SAFE ROUTES TO SCHOOL AND SOME LIGHTING THAT WE CAN POTENTIALLY DO. UM, WE ALSO CAN DO WATER LINES. SO IF WE HAVE A NEIGHBORHOOD THAT NEEDS, UH, OR EVEN A HOUSEHOLD THAT NEEDS A A WATERLINE BROUGHT UP TO CODE, WE CAN DO THAT AS WELL. AND THEN AGAIN, OUR FAIR HOUSING ADMINISTRATION, A FAIR HOUSING METRO FAIR HOUSING COUNCIL, UH, WE SET ASIDE $10,000. THEY HAND, THEY HANDLE ALL OUR DISCRIMINATORY CASES WITH HUD. UM, SO IF SOMEONE, A TENANT LANDLORD COMPLAIN OR ANYTHING LIKE THAT, IT DOES GO THROUGH THERE. AND THEN AGAIN, UH, GENERAL ADMINISTRATION OF A LITTLE, A LITTLE UNDER 90,000. NEXT SLIDE PLEASE. AGAIN, I'LL SAY IT EVERY TIME I COME UP HERE. WE CANNOT DO WHAT WE DO WITHOUT OUR ORGANIZATION. SO, UM, OUR SYSTEM PARTICIPATION COMMITTEE DID TAKE APPLICATIONS IN. UM, WE DID RECEIVE FOUR, UM, APPLICATIONS, EDMOND MOBILE MEALS PROJECT 66 HOPE CENTER RENTAL ASSISTANCE, AND THE EDMOND PUBLIC SCHOOL FOUNDATION. UM, HISTORICALLY WITH EDMOND PUBLIC SCHOOL FOUNDATION, WE HAVE SUPPORTED MENTAL HEALTH PROGRAMMING. UH, WE'VE, UH, SUPPORTED MIFIS BACK WHEN COVID, UM, CAME INTO PLAY AND KIDS DIDN'T HAVE MIFIS TO DO THEIR SCHOOLWORK. WE PAID FOR THAT FOR OVER A YEAR. UM, BUT THIS YEAR THEY'VE HAD, OVER THIS PAST YEAR, THEY'VE SEEN AN INCREASE OF KIDS AND FAMILIES THAT NEED FOOD. AND SO THEY HAVE, WE PAID FOR A FOOD PANTRY INSIDE THE MAIN ADMINISTRATION BUILDING EDMOND PUBLIC SCHOOLS. I I HELPED AN EAGLE SCOUT BUILD IT. UH, I BOUGHT ALL THE MATERIALS FOR HIM TO BUILD THAT IN THEIR FACILITY UP ON DANFORTH. AND OVER THIS LAST YEAR, UM, THE, UH, KIDS THAT ARE, UH, THE AMBASSADORS OF THE EDMOND PUBLIC SCHOOL FOUNDATION CHOSE TO SPONSOR THAT. AND SO THEIR MONEY LAST YEAR WENT TO THAT. AND AGAIN, THIS YEAR THAT $20,000 WILL GO TO MAKE SURE THAT THAT PANTRY IS FULL. UH, EDMOND MOBILE MEALS WILL RECEIVE FUNDING AS WELL AS PROJECT 66. AND WE TRIED TO GIVE, UH, THE REMAINING PORTIONS TO, UH, HOPE CENTER RENTAL ASSISTANCE. UH, EXECUTIVE DIRECTOR CHRIS SPERRY DOES A REALLY GOOD JOB OF MAKING SURE THAT 20,000 GOES AS FAR AS IT CAN GO. UM, BUT SHE WILL PROBABLY BE OUT OF RENTAL ASSISTANCE MONEY BY DECEMBER. UM, SO, BUT WE'RE LIMITED IN HOW MUCH WE CAN GIVE OUT IN PUBLIC SERVICES WHEN IT COMES TO CDBG. SO THAT TOTAL IS $70,000. NEXT SLIDE, PLEASE. SO THAT'S, THAT'S MY PRESENTATION. UH, WE HAD A FIRST PUBLIC HEARING AS REQUIRED AT THE CITIZEN PARTICIPA PARTICIPATION COMMITTEE ON JUNE 12TH. WE HAD A 30 DAY PUBLIC COMMENT PERIOD BETWEEN JUNE 13TH AND JULY 13TH. WE RECEIVED NO COMMENTS. UM, AND THE, UH, CITIZEN PARTICIPATION COMMITTEE, UH, RECOMMENDED FOR APPROVAL TO YOU ALL ON JUNE 12TH. STAFF RECOMMENDS APPROVAL AND IF YOU ALL APPROVE, WE'LL MOVE IT FORWARD TO HUD SUBMITTING IT NO LATER THAN AUGUST 15TH. AND WITH THAT, I DO HAVE TO TAKE ANY COMMENTS THAT WOULD COME MY WAY. DO YOU HAVE ANY QUESTIONS? I I DON'T HAVE QUESTIONS, BUT I JUST A COUPLE COMMENTS OTHER THAN MR. MOORE AND I TAKE ISSUE WITH SO MUCH ABOUT SENIORS, BUT JUST TEASING , UM, I WASN'T INCLUDING YOU TOO. I KNOW. UM, I, I THINK IT'S AN INCREDIBLE REPORT AND I READ THE WHOLE THING. DON'T TEST ME ON IT UNLESS IT'S OPEN BOOK. 'CAUSE THERE'S A LOT OF DETAIL HERE AND, AND ON ONE PHASE, I THINK IT'S GREAT FROM AN AWARENESS STANDPOINT. I DON'T KNOW HOW MANY PEOPLE LOOK AT EDMOND THINK WE DON'T HAVE THESE ISSUES AND WE DO. BUT MORE IMPORTANTLY, THE TRACKING, THE PROJECTIONS OR ANTICIPATED NUMBER OF PEOPLE IN THE DETAILS, JUST, IT'S PHENOMENAL. AND I KNOW YOU HAVE STAFF THAT HELPS. BUT, UM, THAT IT'S AMAZING. NOW THE CDBG MONEY BEING HUD RELATED, CORRECT ME IF I'M WRONG, BUT [00:35:01] WITHOUT THE DETAIL AND WITHOUT STRICT COMPLIANCE, LIKE SLIDE 17, HUD CAN TAKE AWAY THE MONEY. THEY CAN EVEN COME BACK AND COLLECT MONEY THAT WE'VE ALREADY PAID AND USED IF THAT'S NOT ACCURATE. SO I I'M SURE THERE'S SOME KIND OF, UH, I WOULD, I WOULD CALL IT AN AUDIT. MM-HMM . YES, SIR. AND HAVE, HAVE WE EVER HAD AN ISSUE WITH COMPLIANCE WITH THAT? NO, SIR. I'VE HAD CLEAN AUDITS, THE LAST TWO AUDITS THAT I'VE BEEN INVOLVED IN THE MOST RECENTLY LAST YEAR. THAT'S AN AMAZING STAT. AND JUST WANT TO THANK YOU FOR THE EFFORT AND THAT'S AN IMPORTANT PART OF OUR COMMUNITY, SO APPRECIATE YOUR WORK. THANK YOU. ANY OTHER QUESTIONS, COMMENTS? I WAS JUST GONNA SAY THANKS TO THE COMMITTEE TOO. I DON'T KNOW IF ANY OF THEM ARE HERE, BUT KNOW, UH, VICE CHAIR CODY BOYD IS HERE. OKAY. OR HE WAS. THANKS, CODY. YEP. SO PASS ON OUR THANKS TO THEM. I KNOW THIS WAS A TON OF WORK TO GET THIS DOCUMENT TOGETHER AND THROUGH THE COURSE OF A YEAR LIKE YOU SAID. SO APPRECIATE IT, MS. BATTERSON. I HAD SOME COMMENTS IF I COULD REMEMBER 'EM. UH, , I'VE TOLD YOU THIS BEFORE AND I MEAN IT, YOU HAVE A BIG JOB AND IT'S AN IMPORTANT ROLE IN OUR CITY AND YOU AND YOUR TEAM DO IT VERY WELL. AND I'M MIGHTY PROUD OF WHAT YOU DO AND, UH, I ENCOURAGE YOU TO CONTINUE TO WORK HARD AND IMPROVE ON WHAT YOU'RE DOING. BUT THANK YOU. THANK YOU. YEAH, I, I ECHO THE SENTIMENT, UM, THANKFUL TO THE CITIZEN PARTICIPATION COMMITTEE FOR YOUR WORK AND, UM, FOR GIVING UP TIME TO GIVE BACK TO THE COMMUNITY IN THIS REALLY STRATEGIC AND, BUT REALLY IMPACTFUL WAY. UM, I APPRECIATE YOUR, YOUR HARD WORK AND UM, REALLY EXCITED ABOUT SOME OF THE GOALS THAT THE COMMITTEE'S COME UP WITH. THOSE ALIGN WITH SOME OF MY GOALS AS WELL. SO I REALLY APPRECIATE THAT. THANKS FOR YOUR HARD WORK. YEAH, THANK YOU. ALL RIGHT. UM, I'M NOT GOING TO PILE ONTO THE ACCOLADES BECAUSE IT IS SO AMAZING WHAT YOU'VE BEEN ABLE TO DO AND, AND I DO APPRECIATE IT. BUT DO WE HAVE ANYONE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK ON THIS ISSUE TONIGHT? NO. SEEN NONE. WHAT WOULD YOU LIKE TO DO MR. MAYOR? I'D MAKE A MOTION TO APPROVE ITEM 10. A SECOND. I WOULD SECOND THAT I HAVE A MOTION AND A SECOND. CAST YOUR VOTE. ITEM 10 A PASSES FIVE ZERO. ITEM 10 [B. Case No. PA25-00001; Public Hearing and Consideration of Ordinance No. ___ for a Comprehensive Plan Amendment to the Edmond Plan 2018 from Rural Neighborhood to Suburban Infill for the Property Located at 1421 E Covell on the Northwest Corner of Bryant and Covell. (Red Plains Professional; Ward 2)] B HAS BEEN CONTINUED TO AUGUST 11TH. MAYOR, IF YES, TAKE A MOTION ON THAT. TAKE A MOTION TO CONTINUE IT. I'LL TAKE A MOTION TO CONTINUE. ITEM 10 B TO AUGUST 11TH. HAVE A MOTION AND A SECOND. SECOND CAST YOUR VOTE. MOTION PASSES. FIVE ZERO. WE'RE NOW ON [C. Case No. SP25-00008; Public Hearing and Consideration of an Appeal of the Planning Commission's Denial of the Site Plan Application for Wal-Mart Neighborhood Market, Located on the Northwest Corner of Coltrane Road and Covell Road. (The Tapp Companies; Ward 2)] ITEM 10 C. CASE NUMBER SP 25 DASH 0 0 0 0 8. PUBLIC HEARING CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF SITE PLAN APPLICATION FOR WALMART NEIGHBORHOOD MARKET LOCATED ON THE NORTHWEST CORNER OF COLTRANE ROAD. AND COVE ROAD. IS THE APPLICANT PRESENT? YES SIR. STAFF. THANK YOU MAYOR COUNCIL KEN BRYAN, DIRECTOR OF PLANNING. AS YOU INDICATED, APPLICANT IS SEEKING APPEAL, THE DECISION OF THE PLANNING COMMISSION DENYING THEIR SITE PLAN APPLICATION FOR WALMART NEIGHBORHOOD MARKET. THE APPROXIMATELY 9.6 ACRE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF COLTRANE AND CO VALLEY. YOU CAN SEE THAT HERE ON THE MAP. THE SUBJECT PROPERTY IS ZONED E TWO PUD. UH, THE SITE PLAN INCLUDES SOME KEY DETAILS WHICH I'LL SHARE HERE. UH, THE PROPOSED BUILDING IS 44,000 SQUARE FEET. ACCESS TO THE SITE WE PROVIDED WITH TWO DRIVEWAYS, ONE EACH ON COVEL AND ONE ON COLTRANE. THE BUILDING WILL BE APPROXIMATELY 27 FEET TALL AT ITS HIGHEST POINT. WE'LL TAKE A LOOK AT THE ELEVATIONS HERE. UH, THE FACADE WILL CONSIST OF ARCHITECTURAL MASONRY AND CONCRETE MASONRY UNITS WITH METAL ACCENTS AND CANOPIES SCREENING, INCLUDING A FENCE AND LANDSCAPING WILL BE INSTALLED ALONG THE NORTH AND WEST SIDES OF THE SUBJECT PROPERTY. NO VARIANCES ARE BEING REQUESTED OR ARE REQUIRED AT THE REGULARLY SCHEDULED HEARING. ON JUNE 17TH, 2025. PLANNING COMMISSION HEARD CONCERNS FROM THE PUBLIC REGARDING TRAFFIC, CIRCULATION AND SAFETY, NOISE POLLUTION, OUTDOOR LIGHTING, CONFINEMENT AND SPILLOVER, TREE PRESERVATION AND DRAINAGE COMMISSION. MEMBERS NOTED CONCERNS ABOUT VISUAL COMPATIBILITY OVERALL BUILDING MASS ARCHITECTURAL CONSISTENCY AND INGRESS EGRESS IN CIRCULATION, A MOTION TO APPROVE FAILED BY A VOTE OF THREE TO ONE. THAT CONCLUDES MY FORMAL COMMENTS. [00:40:04] ANY QUESTIONS BEFORE WE BRING THE APPLICANT UP? UH, GOOD EVENING. I'M TODD MCKENNA. I REPRESENT THE DEVELOPER ALONG WITH DAVID BOX. UH, ALSO HERE IS JIM TAPP, WHO'S THE DEVELOPER, UH, AS WELL AS MUHAMMAD KHAN WITH UH, SMC CONSULTING AND BJ HAWKINS WITH TRAFFIC ENGINEERING CONSULTANTS ARE HERE TONIGHT ON THIS, UH, APPEAL. UH, SO TENSE, SO STRESSFUL. THESE ARE IMPORTANT DEALS, RIGHT? AND UH, AND THOSE OF US WHO HAVE BEEN AROUND EDMOND FOR A LONG TIME HAVE ODDLY ENOUGH SEEN A LOT OF THESE. I WAS TALKING TODAY WITH I THINK ONE OF YOUR STAFF AND WE LISTED OFF PROBABLY 15 DIFFERENT CONTROVERSIAL ZONING CASES IN THE PAST. ONE TIME THERE WAS A CROSS ON SECOND I 35 THAT ABOUT SHUT DOWN THE TOWN AND A ROCK AT 15TH AND SANTA FE, WHETHER OR NOT IT WAS A SIGN OR NOT FOR CREST AND A WALMART AT SANTA FE AND DANFORTH THAT WAS SUPPOSEDLY GONNA DESTROY THE COMMUNITY. AND I SAW MY MOTHER TODAY AT THE GYM. MY MOM WILL BE 84, 10 DAYS FROM NOW. AND SHE IS SO SIMPLE WHEN SHE TELLS ME WHAT I NEED TO DO, SHE SAID, I DON'T KNOW WHY YOU CAN'T JUST EXPLAIN HOW THE PROCESS WORKS AND THEN EVERYBODY WOULD UNDERSTAND IT BECAUSE YOU KNOW, IF WE CAN UNDERSTAND WHERE THE OTHER PERSON'S COMING FROM, IT MAKES OUR DISAGREEMENTS A LOT EASIER. SO I DON'T KNOW IF THAT'S POSSIBLE, BUT HERE'S WHAT I COMMIT TO TONIGHT AND I COMMIT TO SPEAK THE TRUTH AND TO IDENTIFY THE ISSUES THAT WE SEE IN THIS APPEAL THAT'S IN FRONT OF YOU. AND TO TRY TO DO IT IN A SIMPLE, STRAIGHTFORWARD WAY. ATTORNEYS GET A BAD RAP, RIGHT, FOR TRYING TO CONFUSE THE ISSUE. BUT WHAT I WANNA DO IS MAKE THE ISSUE VERY, VERY SIMPLE. AND SO I HAVE A SLIDE UP HERE THAT SAID THE SITE PLAN IS THE ISSUE. THE APPEAL THAT'S IN FRONT OF US IS A SITE PLAN USE FOR OUR STRUCTURE. AND THE QUESTION IS REALLY SIMPLE. DOES IT COMPLY WITH THE FACTORS THAT THE CITY OF EDMOND HAS ADOPTED OR THAT EXIST IN OUR PUD FOR THIS BUILDING TO BE BUILT? AND THAT'S REALLY THE QUESTION THAT'S IN FRONT OF US. AND I THINK WE JUST HEARD, UH, THE PLANNING DIRECTOR SAID, NO VARIANCES EXIST OR ARE REQUIRED FOR OUR APPLICATION. I THINK THOSE WORDS WERE STILL RINGING IN THE AIR WHEN I CAME UP HERE TO THE PODIUM. AND HE HAD A MEMO THAT HE GAVE TO YOUR INTERIM CITY MANAGER WHERE HE IDENTIFIED THE FACT THAT BECAUSE THERE'S NO VARIANCES, IF THE MATTER WOULD'VE BEEN APPROVED AT PLANNING COMMISSION, IT WOULD'VE BEEN OVER. THAT'S A RULE WE HAVE IN OUR COMMUNITY BY ORDINANCE. IF YOUR SITE PLAN COMPLIES WITH YOUR PUD WITHOUT VARIANCE, THEN YOU'RE DONE AT PLANNING COMMISSION. SO NOT ONLY DID YOUR PLANNING DIRECTOR IDENTIFY THE FACT THERE'S NO VARIANCES, HE WENT A STEP FURTHER AND IDENTIFIED THE PROCESS. WHEN THERE'S NO VARIANCES, WE'RE DONE AT PLANNING COMMISSION BECAUSE THERE'S NO VARIANCES FROM THE PUD. THE OTHER QUESTION THEN IS, WELL, WHAT ELSE MIGHT WE HAVE TO COMPLY WITH? AND WE SEE THAT THERE'S BEEN SOME COURT DIRECTION. I'M NOT GONNA GET INTO OUR LAWSUIT THAT HAPPENED IN 2015. MR. BOX WILL BE HERE TO ANSWER QUESTIONS IF WE NEED TO. I THINK IF WE START TALKING ABOUT LITIGATION, WE KINDA LOSE THE WHOLE COMMUNITY OF OUR COMMUNICATION HERE TONIGHT. I DO THINK THERE'S SOME THINGS THAT ARE RELEVANT FROM THAT AND WE'RE GONNA TALK ABOUT IT IF IT'S RELEVANT. BUT THE THING THAT WAS SAID IN THE COURT WAS THAT OUR SITE PLAN APPLICATION IN 2015, WHICH IS VIRTUALLY IDENTICAL TO THE ONE IN FRONT OF YOU IN 2025, IS FULLY COMPLIANT WITH THE PUD. IT SAID THAT IN EVERY RESPECT. IT SAID AT THE TIME, YOUR PLANNING DIRECTOR BOB SHEMI SAID SO AND SO, WE CAME BACK IN 2018 AND WE WON THE CASE. AND THE COURT SAID THAT YOU GET TO NOW GO BUILD YOUR BUILDING. AND WALMART SAID, WE'RE DONE BUILDING BUILDINGS FOR A WHILE. WE'RE GONNA GO DO ONLINE DEVELOPMENT. AND SO THEY CAME BACK AND NINE MONTHS AGO WE STARTED WORKING WITH STAFF AND WE BROUGHT BACK BASICALLY THE IDENTICAL SITE PLAN APPLICATION THAT YOU HAD BEFORE. ANOTHER REQUIREMENT OF SITE PLANS IS COMPATIBILITY WITH THE CHARACTER AND DEVELOPMENT OF THE SURROUNDING AREA THAT'S IN OUR ORDINANCE. THAT'S NOT JUST OUR PUD. OUR PUD TALKS ABOUT CONSISTENT WITH OUR SURROUNDING AREA. AND THEN OUR ORDINANCE SAYS COMPATIBILITY WITH THE SURROUNDING AREA. AND SO FORTUNATELY WE DON'T HAVE TO GUESS, WE JUST HAVE TO LOOK AROUND IN 2015, THE HOA AT ASHFORD OAKS CAME UP HERE AND SAID, WE THINK IT SHOULD [00:45:01] BE MORE COMPATIBLE. LOOK AT FAIRFAX. LOOK AT THE FAIRFAX OFFICE PARK. WELL, WE KNOW THAT NOW THAT IS ALL DEVELOPED. SO WHAT'S THE SURROUNDING AREA? IS IT SOONER IN COVE? IS IT KELLY IN COVE? IS IT I 35 IN COVELL? THE QUESTION ABOUT WHETHER SURROUNDING AREAS HAS ALSO BEEN IDENTIFIED IN NOT ONLY THE COURT CASE, BUT WHAT WE'VE DONE. SO WHEN WE LOOK AROUND AT WHAT OUR SITE PLAN IS AND NOW KEEP IN MIND COMPATIBILITY WITH THE CHARACTER AND DEVELOPMENT OF THE SURROUNDING AREA, THAT'S CITYWIDE, THAT'S A RULE IN OUR ORDINANCE. THAT'S NOT JUST OUR PUD TO THIS 9.6 ACRES AT CO COLTRANE AND COVELL. SO WE CAN LOOK AROUND. UH, CHRISTY, CAN YOU GO TO SLIDES EIGHT AND NINE? I THINK I'VE GOT A PICTURE HERE ONE MORE. AND ANOTHER ONE. THIS WAS THE, UH, SITE PLAN THAT WAS APPROVED IN 2015 BY THE COURT OF CIVIL APPEALS. I THINK THERE'S ANOTHER PICTURE OF IT. CHRISTIE, THIS IS IT. IT'S MOSTLY BRICK WITH SOME CMU. THE ONLY DIFFERENCE IN THAT 20 15 1 THAT WAS APPROVED BY THE COURT OF CIVIL APPEALS AND ONE WE HAVE BEFORE YOU TONIGHT IS COLOR. AND THERE'S NOT AN EXAMPLE ANYWHERE IN THE HISTORY OF EDMOND OF LACK OF COMPATIBILITY WITH THE SOUNDING AREA BEING COLOR. IF THERE WERE, YOU WOULDN'T HAVE A BUFFALO WILD WINGS. THAT'S BRIGHT YELLOW ON I 35. I REMEMBER WHEN THAT HAPPENED AND PEOPLE WERE REALLY UPSET WHEN THAT WAS BUILT. BUT LET'S LOOK AT SOME OTHER COMPATIBLE AREAS. CHRISTY, I'VE GOT SOME MORE PICTURES THAT FOLLOW THIS. THIS IS THE BACK OF THE CREST THAT WAS APPROVED IN 2015. YOU CAN GO TO THE NEXT ONE CHRISTIE. THIS CREST IS TILT UP. CONCRETE HAS THREE VARIANCES. WE'RE NOT ASKING FOR ANY VARIANCE. IT HAD A VARIANCE FOR SCREENING AND IT WAS APPROVED AS COMPATIBLE WITH THE AREA PER OUR CITY ORDINANCE COMPATIBLE WITH THE SURROUNDING AREA. DO YOU WANNA KNOW THE AVERAGE PRICE OF A HOUSE IN FAIRFAX? IT'S IT IS. IT'S SIGNIFICANT. CHRISTIE, LEMME SEE WHAT ELSE I'VE GOT. IT'S ANOTHER PICTURE OF THE BACK OF CREST WHERE THERE WAS A VARIANCE WHEN THEY DIDN'T HAVE TO DO ANY SCREENING TO THE FAIRFAX NEIGHBORHOOD. ALSO COMPATIBLE WITH THE SURROUNDING AREA. POOR PER CITY OF EDMOND ORDINANCE. CHRISTY CHRISTIE. HERE'S THEIR INTEGRIS AT COVAL AND I 35. ODDLY ENOUGH, IT'S A GRAY BUILDING, BRICK AND METAL WITH CMU, ALSO APPROVED BY THE CITY OF EDMOND. AND ALSO ON TOP OF THAT IN THE I 35 CORRIDOR, WHICH IS A GREATER LEVEL OF IDENTIFICATION OF COMPATIBILITY. I GOT A COUPLE MORE. THESE ARE BRAHMS JUST EAST OF SOONER ROAD ON COVELL, MOSTLY BRICK, SOME METAL, SOME METAL SIDING. ALSO COMPATIBLE GRAY, LARGE GRAY BRICK, LARGE GRAY BLOCK, FLAT ROOF. EVERY ONE OF THESE HAVE FLAT ROOFS. I HAVEN'T SEEN ONE WITH THE PITCHED ROOF YET. BUT PER THE CITY OF EDMOND ORDINANCE, WE HAVE TO MAKE SURE THAT ANY SITE PLAN THAT GETS APPROVED UNLESS IT HAS A VARIANCE, IS COMPATIBLE. EVERY SINGLE ONE OF THESE WAS DETERMINED BY THIS BODY OR THE PLANNING COMMISSION TO BE COMPATIBLE. THAT'S HOW WE GOT TO WHERE WE ARE. WE HAVE A SYSTEM, WE HAVE A SET OF RULES AS TO HOW WE DO THIS. YOU GUYS, OR THE PLANNING COMMISSION JUST RECENTLY APPROVED A PANDA EXPRESS LESS THAN THREE QUARTERS OF A MILE FROM THIS SITE WITH BLACK AND WHITE PHOTOS AS PART OF THEIR APPLICATION. THEY DIDN'T EVEN HAVE COLORED PHOTOS OF WHAT THEY WERE SUBMITTING TO YOU FOR APPROVAL. SO THE IDEA THAT COLOR IS RELEVANT TO COMPATIBILITY WITH THE SURROUNDING AREA AND WE APPROVE SITE PLANS WITH BLACK AND WHITE PHOTOS BEING SUBMITTED, THAT'S INCONSISTENT WITH THE IDEA THAT IT NEEDS TO BE GRAY OR IT NEEDS TO BE RED BRICK OR IT NEEDS TO BE A YELLOW WALL. THAT'S INCONSISTENT WITH HOW WE DO BUSINESS IN THE CITY OF EDMOND. YOU KNOW, IT'S INTERESTING TO ME, THE STAFF MEMO BY MR. BRIAN THAT HE SENT A PLANNING COMMISSION AND THE ONE HE SENT TO MR. ENTZ DATED TODAY TALKS ABOUT THE LACK OF VARIANCES. AND I'VE BEEN DOING THIS FOR 31 YEARS AND NEVER IN MY CAREER HAS A POLICYMAKING GROUP IDENTIFIED A VARIANCE THAT WASN'T IDENTIFIED ALREADY BY STAFF. NEVER, NEVER HAPPENED. WHY? 'CAUSE WE HAVE EXCELLENT STAFF. CHRISTY BATTERSON'S AN ALL STAR KEN. BRIAN KNOWS EXACTLY WHAT HE'S DOING. HE WAS A LONG RANGE PLANNER BEFORE HE BECAME A PLANNER. I THOUGHT THAT WAS A STEP DOWN, BUT APPARENTLY THAT'S A PROMOTION. A COUPLE OTHER THINGS I THINK THAT ARE RELEVANT IS WE HAVE COMMUNICATED WITH THE CITY FOR NINE MONTHS. WE'VE HAD THREE DIFFERENT REVIEW CYCLES OF OUR DOCUMENTS. AND WE HAVE YET TO BE TOLD ANY AREA OF NON-COMPLIANCE FOR OUR SITE PLAN APPLICATION HASN'T BEEN COMMUNICATED TO US ONCE. WHICH IS KIND OF IRONIC [00:50:01] BECAUSE HERE'S WHAT I KNOW IS IMPORTANT ABOUT YOU MEN AND WOMEN THAT LEAD OUR CITY. YOU ALWAYS TELL US THE DEVELOPER, HEY, GO GET WITH THE PEOPLE AND TALK TO THEM. FIND OUT WHAT YOU CAN DO TO MAKE THEM HAPPY. GO TO THEM AND FIND OUT WHAT IT IS ON YOUR SITE PLAN THAT YOU'RE ASKING FOR, A VARIANCE FOR THAT THEY DON'T LIKE. BUT YET HERE WE'RE ASKING YOU HOW ARE WE NOT COMPLIANT? AND THE SENIOR STAFF HAS SAID, AS FAR AS WE'RE CONCERNED, YOU ARE. AND UP UNTIL THIS MOMENT, NOBODY HAS REALLY VERBALIZED AN AREA WHERE WE'RE NOT. SO INSTEAD OF HAVING THIS COLLABORATIVE EFFORT BETWEEN THE PRIVATE DEVELOPMENT COMMUNITY AND THE CITY ABOUT HOW WE COME TO A SOLUTION, WE'RE HERE LIKE THIS SAYING, HOW ARE WE NOT? AND I UNDERSTAND THERE'S MAYBE GOOD REASONS TO DO THAT, BUT IT'S INCONSISTENT WITH A NORMAL COLLABORATIVE PROCESS. AND MY LAST POINT IS, I BELIEVE THE PROTEST IMPACT THIS PROCESS. I THINK EVERYBODY HAS A RIGHT TO PETITION THE GOVERNMENT AND COME UP AND SAY, HEY, I DON'T THINK THEY OUGHT TO BUILD THAT IN MY NEIGHBORHOOD. FOR WHATEVER REASON, CHRISTIE HAD THAT ON HER SITE, ON HER SLIDES WHEN SHE WAS TALKING ABOUT WHAT EXISTS WITH HOUSING PROBLEMS IN EDMOND. PEOPLE DON'T LIKE TOWN HOMES OR MULTIFAMILY, BUT SOONER OR LATER THERE HAS TO BE CONSISTENCY. I JUST THINK, WHAT IF I BOUGHT A LOT IN FAIRFAX OR ASHFORD OAKS OR OAK TREE AND I BOUGHT THAT LOT IN 2000 AND I'VE HELD ON IT FOR 25 YEARS AND I KNOW I'M READY TO COME BUILD IT. AND I GO TO THE CITY FOR A BUILDING PERMIT AND THEY SAY, HEY, YOURS IS FLAGGED. YOU'RE GONNA HAVE TO GO TO THE CITY COUNCIL AND GET APPROVAL FOR IT. AND I COME INTO A MEETING LIKE THIS AND I'M READY TO BUILD MY HOUSE AND 130 PEOPLE SHOW UP AND SAID, HEY, WE GOT ENOUGH HOUSES, GOT ENOUGH TRAFFIC GOING OUT THE GATE, WE DON'T NEED TO DO THAT. AND I'M THINKING, I GET TO RELY UPON THE FACT I COULD BUILD A HOUSE. AND THEN THERE'S A MOVEMENT OF PEOPLE THAT SAY, NO, YOU SHOULDN'T BE ABLE TO DO THAT, EVEN THOUGH THAT'S WHAT MY PROPERTY ALLOWS ME TO DO. AND IF WE, IF WE HAVE THAT KIND OF SUBJECTIVITY, I JUST KINDA WONDER, WHERE DOES IT STOP? I MEAN, WHERE DOES THAT STOP? THAT THE PRIVATE RESIDENTIAL RIGHTS ARE GREATER THAN THE PRIVATE COMMERCIAL RIGHTS WHEN IT COMES TO PROPERTY. WE HAVE RULES FOR A REASON AND WE HAVE RULES. SO WE CAN RELY UPON THEM IF WE'RE GONNA BUILD OUR HOUSE OR WE'RE GONNA BUILD OUR BUSINESS OR EXPAND OUR BUSINESS IN OUR COMMUNITY. WE'VE GOT ANOTHER SLIDE THAT TALKS ABOUT WHAT WE'RE NOT HERE ABOUT. AND THIS IS DANGEROUS GROUND FOR ME PERSONALLY. CHRISTY CAN FLIP ONE FORWARD. I SAID ALREADY WHAT THIS IS ABOUT AS SITE PLAN, BUT THESE ARE ALL THE THINGS I'VE HEARD THAT ARE RELEVANT TO THIS APPLICATION THAT LEGALLY ARE NOT TRAFFIC, TRAFFIC, TRAFFIC, RIGHT? THAT THAT'S AN ISSUE. EDMOND HAS A TRAFFIC ISSUE LIKE AN IDIOT. I CHAIRED THE GEO BOND TASK FORCE THINKING WE WOULD GO PASS ATTACKS TO SETTLE AND SOLVE OUR TRAFFIC PROBLEM THAT WAS SOUNDLY DEFEATED BY THE VOTERS. IT'S PROBABLY 'CAUSE OF ME, I'M GUESSING AT THIS POINT. SO OUR TRAFFIC'S NOT GOING AWAY, BUT WHAT I ASK IS FOR BJ HAWKINS TO COME UP BECAUSE WE HAVE A DRAWING THAT SHOWS WHAT PROSPECTIVELY THE CITY IS ASKING US TO DO IF WE PLOT THIS PROPERTY, IF WE GET IT APPROVED AT SITE PLANNING. AND SO THEN SOMEONE SAYS, WELL, WHY DIDN'T YOU DO THE PLAING NOW? 'CAUSE THE PLATING COSTS US ANOTHER 70 OR $80,000 IN ENGINEERING FEES. AND IF WE DON'T KNOW, WE CAN BUILD THE BUILDING IN SITE PLANNING. IT'S REALLY HARD TO SPEND THAT MONEY GOING FORWARD. BUT IT IS SUCH A CRUCIAL ISSUE THAT SHOWS UP ONLINE. I SAW A POST TODAY, SOMEBODY SAYING, IF YOU ALLOW THEM TO BUILD THIS STORE, WE'LL NEVER GET TO EXPAND COVEL, WHICH IS PATENTLY FALSE. QUITE THE OPPOSITE. SO BJ HAWKINS IS WITH TEC. I'M GONNA ASK HIM TO TALK ABOUT TRAFFIC. UH, AND THEN I'M GONNA FINISH WITH A FEW OTHER COMMENTS. NEXT MEETING. YOU WANNA GO TO THE SITE PLAN? UH, ASK CHRISTIE TO GO TO THE YEAH, THE DRAWING. MAYBE GO TO THE NEXT SITE OR WHERE THE SITE PLAN IS. TWO, TWO MORE. I THINK FORWARD, FORWARD TWO. MAYBE ONE MORE. ONE MORE. YES, SIR. THERE YOU GO. UH, AS TODD MENTIONED, TYPICALLY A A TRAFFIC IMPACT ANALYSIS IS NOT REQUIRED AS PART OF A SITE PLAN APPROVAL LIKE THIS. BUT THE DEVELOPER WANTED TO BE PROACTIVE, TRY TO IDENTIFY ANY TRAFFIC IMPROVEMENTS AND FIGURE OUT WAYS THAT HE COULD HELP ALEVE ANY OF THOSE PROBLEMS. SO LOOKING AT THE SITE PLAN, LOOKING AT THE CITY REQUIREMENTS, THE DEVELOPERS PROPOSING TO WIDEN BOTH COVEL AND COLTRANE PROVIDING, UH, LEFT TURN LANES INTO THE SITE AT BOTH DRIVEWAYS AND ADDITIONAL WIDENING AN ADDITIONAL SOUTHBOUND LANE ON COVEL, WHICH WILL TAKE VEHICLES, ANY ENTERING VEHICLES OUT OF THE THROUGH LANE, [00:55:01] REDUCING ANY DELAY. ALSO ADDING A NEW SOUTHBOUND RIGHT TURN LANE, WHICH DOESN'T EXIST TODAY. UH, ADDITIONALLY THEY'RE GONNA BE PROVIDING A WESTBOUND TH UH, OUTSIDE LANE ON COVEL, WHICH WILL ALSO ADD CAPACITY TO COVEL AND REMOVE ANY IN ENTERING VEHICLES OUT OF THE THROUGH LANES. SO WE COLLECTED THE EXISTING TRAFFIC. OKAY, I'M, I'M GONNA HAVE TO PULL THE REINS BACK A LITTLE BIT ONCE YOU KIND OF CROSS WHAT'S LITERALLY SITTING THERE IN THIS DRAWING AND YOU GET INTO THE, A PLATTING ISSUE, AS MR. MCINNIS HAS ALREADY SAID, THAT IS A PLATTING ISSUE AND WE'RE NOT GONNA GO THERE TONIGHT. OKAY, THAT'S FINE. THANKS BJ. YEAH, APPRECIATE YOU. YEAH. SO, UH, THANK YOU, UH, MAYOR NASH. LEMME GO BACK TO OUR SLIDE. SO, UH, ONE THING THAT IS, UH, RELEVANT WAS LIFE AND SAFETY. AND SOMEONE MENTIONED TO ME THE OTHER DAY THAT THE MASTER TRANSPORTATION PLAN FROM 2006 WAS INCONSISTENT WITH OUR SITE PLAN. AND I THINK IT'S IMPORTANT TO NOTE THAT IN, UH, I CAN'T REMEMBER WHAT YEAR IT WAS, BUT EDMOND DID, EDMOND SHIFT, I BELIEVE WAS IN 2022, AND IT OVERRODE THE MASTER TRANSPORTATION PLAN FROM TWO OH THOUSAND SIX. BUT EDMOND SHIFT WAS NOT ADOPTED AS AN ORDINANCE. SO WHEN IT COMES TO THAT BEING A ISSUE THAT I SAW IN THE ATMOSPHERE, IT'S NOT, THERE'S NO ORDINANCE AUTHORITY BEHIND THAT ARGUMENT WITH RESPECT TO HOW THAT WORKS OR SHOULD GUIDE, UH, SCHIFF SAYS IT'S A GUIDE TO HOW STREETS SHOULD FUNCTION BASED ON PROPOSED LAND USE. WE DON'T HAVE A PROPOSED LAND USE. WE HAVE AN EXISTING LAND USE E TWO. SO THE IDEA THAT THE TRANSPORTATION PLAN SOMEHOW HAS AN IMPACT ON OUR, OUR PROPERTY IS INCONSISTENT WITH CITY OF EDMUND ORDINANCE AND CAN INCONSISTENT WITH EDMUND SHIFT, WHICH IS OUR, WHICH IS OUR TRANSPORTATION, I GUESS, GUIDE AT THIS POINT IN TIME. SO I THINK, UH, I'D LIKE TO SHOW ONE OTHER THING, CHRISTIE, ABOUT TWO SLIDES AHEAD. ONE MORE. OKAY. UH, ONE OF THE OTHER COMMENTS, UH, WAS THE IDEA OF IT'S TOO EARLY. IT'S TOO SOON. WE DON'T HAVE THE INFRASTRUCTURE TO HANDLE THAT INTERSECTION. AND AS MR. HAWKINS WAS JUST TRYING TO ANSWER THE QUESTION AS TO WHAT WOULD HAPPEN AT SOME POINT IN TIME, THIS IS COVELL AND KELLY, WHICH HAS BEEN IDENTIFIED BY THE HOA AND PUBLIC MEETINGS MULTIPLE TIMES AS THE PREEMINENT TRAFFIC MOVING INTERSECTION. AND SO THIS IS IT WHEN LOWE'S WAS OPEN, KEEP IN MIND, LOWE'S IS OVER 110,000 SQUARE FEET OF RETAIL. AND WALGREENS IS ALSO THE PROPERTY ON THE HARD CORNER. YOU'LL NOTICE AT THE TIME LOWE'S WAS OPEN, COVELL AND KELLY'S INTERSECTION WAS NOT MUCH DIFFERENT THAN COLTRANE AND COVELL. IT SIMPLY WASN'T. I REPRESENTED THE LOWE'S PEOPLE WHEN THEY DID THAT AND THEY BUILT THEIR OWN LANE. YOU CAN SEE THE CONCRETE ON THE PICTURE BECAUSE THEY DIDN'T WANNA OPEN THEIR STORE. AND THEN NINE MONTHS LATER, THE PROPERTY GET TORN UP IN FRONT OF 'EM AND HAVE TROUBLE GETTING TO LOWE'S IF YOU'RE A SHOPPER. BUT THE INTERSECTION WAS NOT IMPROVED AT ALL AND YOU HAD OVER 110,000 SQUARE FEET, MORE THAN TWICE AS LARGE AS THE PROPERTY THAT WE'RE TALKING ABOUT WITH THIS LOCATION AS FAR AS ITS CURRENT INFRASTRUCTURE THAT CAN HANDLE THE TRAFFIC GOING BOTH DIRECTIONS I MIGHT ADD. SO I THINK IT'S JUST IMPORTANT WE HAVE EXAMPLES LIKE THAT ALL OVER TOWN. DANFORTH, WE NEED, WE NEED TO STAY FOCUSED ON THIS INTERSECTION. YEAH, I, WE DON'T NEED TO BE TALKING ABOUT EVERY EXAMPLE IN TOWN. OKAY, THANK YOU. CAN I GO BACK CHRISTIE? A COUPLE? ONE MORE. THERE YOU GO. THE OTHER QUESTION THAT COMES UP IS USE IS A GROCERY STORE ALLOWED? AND I THINK IT'S IMPORTANT TO NOTE BECAUSE NOT EVERYBODY HAS TO MESS WITH THIS EVERY TIME AND THEY DON'T UNDERSTAND THE PROCESS. IN 1990, THE PUD THAT'S AT ISSUE ON THIS SITE PLAN ABOUT WHETHER OR NOT WE'RE COMPLIANT WAS WHAT ALLOWED THE POSSIBILITY FOR THIS USE A GROCERY STORE USE TO EXIST AT THIS LOCATION. I THINK PAUL WALTERS WAS THE MAYOR I THINK IN 1990. AND IT'S IMPORTANT TO NOTE HOW THAT HAPPENS. THERE'S A DIALOGUE THAT HAPPENS WHEN THERE IS ZONING AND THERE ARE MULTIPLE USES THAT WERE IDENTIFIED AND THEN EXCLUDED FROM THIS SITE THAT COULD HAVE OTHERWISE BEEN THERE. MOBILE HOME SALES, CAR SALES, WROUGHT IRON SALES FABRICATION. BUT THINGS THAT WERE NOT EXCLUDED WERE A GROCERY STORE. SO THE IDEA OF LAND USE HAS BEEN SETTLED AND HAS BEEN SETTLED FOR 35 YEARS. ANOTHER ISSUE THAT THAT HAS COME UP IN MULTIPLE CONVERSATIONS IS WHAT ABOUT THE BUFFER? WE HEARD THAT A LOT. I THINK YOU'RE GONNA HEAR THAT TONIGHT IN THE OPPOSITION TO THE PROJECT. BUT MAKE NO MISTAKE ABOUT IT, THAT ISSUE WAS RESOLVED BY THE COURT OF CIVIL APPEALS. THEY SAID IN THEIR, IN THEIR RULING ON PARAGRAPH 15, THAT THAT HAS BEEN RESOLVED. IT'S A NON-ISSUE WITH RESPECT TO THAT. [01:00:02] AND THEN THE LAST ONE IS PLATTING VERSUS SITE PLANNING. AND I KIND OF MENTIONED THAT AS FAR AS IT'S A PROCESS, THERE'S NO RULES THAT REQUIRE US TO DO ONE VERSUS THE OTHER. IT'S USUALLY SITE PLANNING AND THEN PLATTING. SOMETIMES THEY GO TOGETHER, BUT ONLY IF YOU HAVE SOME ASSURANCE THAT THAT'S WHAT YOU'RE GONNA BE ABLE TO DO. AND, AND NORMALLY IN THIS CASE, IF I HAD A MEMO LIKE MR. BRIAN DRAFTED WITH NO VARIANCES, I WOULD STAND UP AND SAY, I DON'T HAVE ANYTHING TO OFFER, BUT I'LL ANSWER ANY QUESTIONS. BUT OBVIOUSLY THAT'S DIFFERENT IN THIS CASE BECAUSE OF THE OPPOSITION. CHRISSY, I'VE GOT ONE MORE SLIDE. I THINK THESE ARE THE, UH, I WENT BACK AND WATCHED THE PLANNING COMMISSION AND I DIDN'T REPRESENT MR. TAPP AT THE PLANNING COMMISSION. I WAS THERE. UH, BUT THESE ARE THE COMMENTS THAT I HEARD, SO I JUST WANTED TO MENTION 'EM BEFORE I SIT DOWN AND THEN LIKE TO RESERVE W RIGHT, COME BACK AT THE END AND ADDRESS ANY ADDITIONAL QUESTIONS THAT MAY HAVE COME UP. UH, IT'S IMPORTANT TO NOTE THAT ALL, ALL CITIZENS OPPOSE A PROJECT LIKE THIS. THERE MAY BE 130 PEOPLE HERE TONIGHT. I THINK I COUNTED EARLIER THE NUMBER OF CHAIRS IN THE ROOM WHEN I WAS HERE FOR THE GROUNDBREAKING. BUT WE'RE IN A TOWN OF 96,000 PEOPLE. AND ZONING AND LAND USE IS A MACRO ISSUE FOR THIS CITY. IT'S MICRO IF IT'S IN YOUR BACKYARD, BUT IT'S MACRO WHEN IT COMES TO HOW THE CITY IS RUN. AND WE CAN RELY UPON THOSE THINGS THROUGHOUT OUR COMMUNITY. I MENTIONED THE BUFFER, THE COMPLIANCE WITH THE PUD, AND THAT'S, THAT'S THE COURT OF CIVIL APPEALS SAID THAT I HEARD SOMEONE TELL ME THE OTHER DAY THAT THERE HASN'T BEEN ENOUGH INFORMATION PROVIDED. AND KEEP IN MIND, YOU HAVE 14 DEPARTMENTS WHO HAVE REVIEWED THREE DIFFERENT SUBMITTALS OF THESE PLANS OVER NINE MONTHS. SO I DON'T KNOW HOW WE COULD PROVIDE MORE INFORMATION THAN WHAT WE DID WITH RESPECT TO THAT. IT'S A QUESTION ABOUT ENVIRONMENTAL IMPACT. OF COURSE, WE HAD AN ENVIRONMENTAL STUDY DONE AND NO IMPACT WAS SHOWN, SHOWN TO THE EXISTING OR SURROUNDING PROPERTY. THE QUESTIONS ABOUT INGRESS AND EGRESS AND THE MEDIANS AND, AND WHERE THEY ARE. AND THAT'S A TRAFFIC ISSUE. AND I'M NOT GONNA TEST YOUR PATIENTS ANYMORE, MAYOR, BY MENTIONING THAT. UH, WE TALKED ABOUT THE ISSUE WITH RESPECT TO DEVELOPMENT. THE LINE OF SIGHT ISSUES IS ANOTHER ISSUE THAT WE WON'T TALK ABOUT, BUT IT'LL BE ADDRESSED AT PLATING LIGHTING. I'LL JUST REFER TO MR. BRIAN'S MEMO THAT WE'RE FULLY COMPLIANT WITH THE LIGHTING. EDMOND HAS VERY STRICT LIGHTING REQUIREMENTS. THEY HAVE DOWN LIGHTING AND LED REQUIREMENTS, SO THERE'S NOT LIGHT POLLUTION TO THE SURROUNDING AREA. REMNANT FOREST IS ALWAYS AN ISSUE THAT COMES UP IN MOST EAST AND CENTRAL EAST EDMOND. UH, WE HAD A STUDY DONE BY AN URBAN FORESTER THAT WAS THEN PROVIDED TO THE CITY OF EDMOND'S, URBAN FORESTER THAT WAS APPROVED. THAT SHOWS NO IMPACT TO ANY REMNANT FOREST. AND THEN THE ISSUE THAT SEEMS TO KEEP COMING UP IS COMPATIBILITY AND CONSISTENCY. AND KEEP IN MIND, THESE ARE TWO SEPARATE ISSUES. YOU'VE GOT COMPATIBILITY WITH RESPECT TO OUR PUD, AND THEN YOU HAVE COMPATIBILITY OR CONSISTENCY WITH THE CITY OF EDMOND ORDINANCE. THE KEY WORD IN BOTH OF THOSE IS THE SURROUNDING AREA. AND WE HEARD WHAT THE COURT OF CIVIL APPEALS SAID, BUT EQUALLY IMPORTANTLY, WE'VE SEEN WHAT THE CITY OF EDMOND HAS DONE WHEN THEY HAVE APPROVED SITE PLANS THROUGHOUT OUR CITY WITH RESPECT TO COMPLIANCE, WITH THE COMPATIBILITY WITH THE SURROUNDING AREA. AND I THINK THAT'S, THAT'S REALLY, REALLY IMPORTANT AS WE THINK ABOUT WHAT'S NEXT. UH, I SAID I'D LIKE TO RESERVE TIME TO COME BACK AT THE END, AND IF I COULD, I'D APPRECIATE THAT. AND I, AND I THINK IT'S REALLY DIFFICULT WHEN, WHEN WE'RE ON ONE SIDE OR THE OTHER AND WE THINK WE'RE SO RIGHT. AND I GET IT. I THINK I'M RIGHT. I THINK THIS CASE IS BLACK AND WHITE. I THINK IT'S OPEN AND SHUT, AND THERE'S 120 PEOPLE IN THE ROOM THAT THINK PROBABLY THE OPPOSITE AND WORSE. BUT I, AT THE RISK OF BEING A JERK, I JUST REMEMBER IN LAW SCHOOL THERE WAS A, UH, INCREDIBLE QUOTE BY AN AMERICAN POET AND BIOGRAPHER NAMED CARL SANDBERG. AND HE SAID, IF THE FACTS ARE AGAINST YOU, ARGUE THE LAW. IF THE LAW'S AGAINST YOU, ARGUE THE FACTS. IF THE FACTS AND THE LAW ARE AGAINST YOU, JUST POUND THE TABLE AND YELL LIKE HELL. AND HOPEFULLY NO ONE'S GONNA YELL HERE TONIGHT. UH, BUT I APPRECIATE YOUR TIME AND, AND CONSIDERATION OF OUR APPEAL, AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS, COUNSEL QUESTIONS, COMMENTS. UH, I'D LIKE TO HEAR FROM THE CITIZENS AND THEN I'VE GOT A FEW THINGS TO SAY, I BELIEVE. ALRIGHT, THANK YOU. ALRIGHT. LET ME REMIND YOU, WE'RE GOING TO BE TIMED. WE DO NOT HAVE OUR TIMER IN PLACE YET. IS THAT CORRECT? WAS THAT A NO? OR DID WE OKAY. WE DO NOT HAVE OUR TIME. I WILL BE TIMING YOU. THREE MINUTES, , THREE MINUTES EACH, UH, RIGHT HERE ON MY, ON MY TRUSTY PHONE. UM, REMEMBER TO KEEP YOUR COMMENTS CIVIL, AND PLEASE, IF IT IS SOMETHING THAT HAS ALREADY BEEN SAID, DON'T REPEAT IT. LET'S TRY TO GET THROUGH THIS. I KNOW THERE ARE A LOT OF PEOPLE WHO WANNA TALK, BUT WE DO NOT HEAR, NEED TO HEAR THE SAME THING OVER AND OVER AND OVER AGAIN. WHEN YOU COME TO THE PODIUM, PLEASE [01:05:01] STATE YOUR NAME AND ADDRESS FOR US. THANK YOU. GOOD EVENING. UH, MY NAME'S BARRY BLACK. I'M THE HOA PRESIDENT FOR THE ASHFORD OAKS HOMEOWNERS ASSOCIATION. UH, AS BEEN STATED, THIS PUD GOES BACK TO 1990, UM, AND WE'VE HEARD A LOT ABOUT RECOMMENDATIONS FOR CITY, UH, FROM CITY STAFF. CHRISTIE, WOULD YOU SIT THE NEXT SLIDE PLEASE? UH, THIS IS BOB MEYER, PREEMINENT CITY PLANNER. HE TOLD THE CITY IN 2015. THIS SITE PLAN DOES NOT MEET THE 125 FOOT BUFFER TO THE NORTH. WE'VE TALKED ABOUT THE BUFFER TO THE WEST, BUT THERE IS 125 FOOT BUFFER REQUIRED TO THE NORTH. MR. SHERE MEYER SAYS THIS ENTIRE PLAN SHOULD BE SHIFTED 125 FEET TO THE SOUTH. UH, WE TALKED WITH THE HOMEOWNER TO THE NORTH AND CONFIRMED JUST LAST WEEK VIA EMAIL. THERE IS NO BUFFER ON HIS PROPERTY. SO THE PROPERTY NEEDS TO, UH, THE BUFFER NEEDS TO COME FROM, UH, THE WALMART SIDE. NEXT SLIDE PLEASE. SO, WE TALKED ABOUT THE URBAN FORESTER. THIS IS A 2023 EXPERT URBAN FORESTER MAP PROVIDED BY LEAH AND AVA, OUR, OUR WONDERFUL URBAN FORESTERS. THIS SECTION IS REMNANT FOREST AND SITE. OUR PAGE 11 FROM THE TREE PRESERVATION GUIDE THAT'S BEEN IN EXISTENCE FOR THE CITY FOR 20 YEARS SAYS ALL SITE PLANS WILL BE REVIEWED WITH CONSIDERATION OF THIS REMNANT FOREST. THEY RATE THIS REMNANT FOREST AS HIGH PRIORITY FOR CONSERVANCY. SO I URGE YOU TO DENY THE, UH, PUD AS FOUND IN THE INITIAL MINUTES. WHEN YOU GO TO THE BOOK 14 OF THE 1990 CITY COUNCIL MINUTES, UH, THEY SAY THIS PROPERTY IS LESS THAN 10 ACRES DUE TO A 125 FOOT BUFFER OF TREES TO THE NORTH TO SEPARATE RESIDENTIAL ZONE FROM COMMERCIAL. THAT'S PARAPHRASED 'CAUSE I'M SHORT ON TIME. UM, WE TALKED ABOUT ZONING. YES, IT'S ZONED FOR A GROCERY STORE, THAT'S FINE, BUT IT DOES HAVE TO MEET THE PUD AND THE PUD IS SPECIFIC. THIS PUD DOES NOT APPLY TO INTEGRIS. IT DOESN'T APPLY TO BRAHMS OR PANDA EXPRESS. IT IS UNIQUE. IT'S VAGUE. IT'S 35 YEARS OLD, BUT IT SAYS IT MUST BE ARCHITECTURALLY CONSISTENT WITH THE SURROUNDINGS. IN 2015, THE THE CHAIRMAN OF THE PLANNING COMMISSION SAID THEY COULD DO BETTER WITH THE BUILDING. THE PLANNING COMMISSION HAS DENIED IT. AGAIN, FOR ARCHITECTURAL CONSISTENCY. IF THERE'S ANY JUDGMENT ABOUT WHAT CONSISTENCY MEANS, IT'S YOUR JUDGMENT, NOT WALMART'S JUDGMENT. UH, FINALLY, NEXT PICTURE, PLEASE. THEY ARE CALLING FOR A WALL, A FENCE BEHIND THE SITE, A WOODEN FENCE. THIS IS TAKEN YESTERDAY BEHIND THE, UH, NEIGHBORHOOD MARKET ON SECOND STREET. IT'S ARCHITECTURALLY INCONSISTENT IN MATERIAL AND DESIGN WITH THE BRICK AND STONE WALL THAT IT WILL ADJOIN. THAT WOOD FENCE IS WHAT OUR ENTIRE NEIGHBORHOOD'S GONNA LOOK AT FOR THE ENTIRE LENGTH OF THE PROPERTY. THEY'LL CONNECT AT THE SOUTHWEST CORNER. BRICK AND STONE IS ARCHITECTURALLY DIFFERENT THAN WOOD. AND I THINK I'M OUT OF TIME. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. GOOD EVENING, MAYOR MARK NASH AND MEMBERS OF THE CITY COUNCIL. MY NAME IS MATT FARLEY, 27 0 8 ASHBROOK PLACE. I'VE TIMED THIS TO FIVE MINUTES, SO I'M GONNA READ REALLY FAST. , UM, I WOULD LIKE TO ADDRESS, UH, SO I, I DON'T KNOW IF THE PICTURE CARRIED OVER FROM THE LAST PLANNING MEETING, BUT IF, IF IT DIDN'T, UM, I SHARED A PICTURE FROM MY SON'S SECOND STORY BEDROOM. MY HOME BACKS UP DIRECTLY TO THE PROPOSED DEVELOPMENT SITE, UH, FROM MY TWO STORY HOME. I DO HAVE A DIRECT UNOBSTRUCTED VIEW OF THE BUILDING'S FLAT ROOF. TITLE 22, PAGE 110. SECTION G ONE IS EXPLICIT THAT FLAT ROOFTOPS SHALL NOT BE VISIBLE FROM THE ADJACENT PROPERTY. THE DEVELOPER'S OWN EMISSIONS OF THEIR LINE OF SIGHT STUDY ONLY CONSIDERED A SIX FOOT TALL PERSON AT STREET LEVEL, PROVING THAT THEY IGNORE THE IMPACT OF ADJACENT HOMES. I DON'T BELIEVE THIS TO BE AN OVERSIGHT. I BELIEVE THIS TO BE A FUNDAMENTAL FAILURE TO COMPLY WITH MUNICIPAL CODES DESIGNED TO PROTECT PRESIDENT RESIDENTIAL PROPERTIES LIKE MINE. TITLE 22, PAGE 92, REQUIRES THAT BUILDINGS SHALL CONSIDER PERSPECTIVES FROM HIGHER AREAS AND MANDATES ARCHITECTURAL TREATMENTS ON ALL SIDES TO ACHIEVE COMPATIBILITY WITH THE SURROUNDING AREA. THIS FAILS BOTH REQUIREMENTS. I'LL SKIP OVER TREE PRESERVATION REQUIREMENTS AS I IMAGINE THIS WILL BE ADDRESSED LATER. UH, AS FOR ARCHITECTURAL CONSISTENCY FAILURES, THE PUD DESIGN STATEMENT REQUIRES DEVELOPMENT IN A MANNER AND ARCHITECTURAL STYLE TO BE CONSISTENT WITH THE SURROUNDING AREA BY THEIR OWN ADMISSION. UH, THEY DID OR THEY HAVE STATED, UH, THAT THEY ALSO WISH THIS WAS NOT A GRAY BOX. UH, I DO BELIEVE THAT COLOR DOES PLAY A ROLE. UM, IT WAS ONE OF THE THINGS THAT WAS CHANGED FROM THE ORIGINAL PROPOSAL TO THIS NEW ONE. THERE ARE THINGS THAT WOULD MAKE NATURAL SENSE, INTUITIVE SENSE TO MAKE CHANGES ON BRICK AND STONE FACADE THAT IS CONSISTENT WITH THE AREA, A PITCHED ROOF OR FLAT ROOF TREATMENT THAT ACCOUNTS FOR SIGHT LINES AND BORDER WALLS THAT MATCH THE STONE AND BRICK CONSTRUCTION THROUGHOUT OUR NEIGHBORHOOD. THAT'S FOR PROPERTY VALUE. I DID HAVE [01:10:01] REAL ESTATE ATTORNEYS AND AGENTS COME TO MY HOUSE, UH, AND THEY HAVE CONFIRMED THE DEVELOPMENT WOULD REQUIRE DISCLOSURES TO FUTURE BUYERS AND WOULD NEGATIVELY IMPACT HOME VALUES AND SALE TIMELINES. WHEN THE DEVELOPER CLAIMS THAT STUDIES SHOW THAT NO IMPACT ON PROPERTY VALUES SHOULD BE REQUIRED, OR, UH, HE SHOULD BE REQUIRED TO DISCLOSE THOSE FOR PUBLIC VIEW, THE REALITY IS THAT TITLE 20 TWOS LIGHTING REGULATIONS EXIST SPECIFICALLY TO PROTECT PROPERTY VALUES AND THE GENERAL WELFARE BY CONTROLLING GLARE AND SPILL OVER LIGHT. AS CITY COUNCIL MEMBERS, YOU HAVE THE AUTHORITY AND RESPONSIBILITY TO ENSURE DEVELOPMENT MEETS CONCURRENT MUNICIPAL STANDARDS. TITLE 22, PAGE ONE 10. SECTION H GIVES YOU EXPLICIT POWER TO IMPOSE ADDITIONAL CONSIDERATIONS ON SENSITIVE BORDERS, TO MINIMIZE ADVERSE IMPACTS TO RESIDENTIAL PROPERTY. THIS ISN'T ABOUT STOPPING DEVELOPMENT, IT'S TO ENSURE THAT RESPONSIBLE DEVELOPMENT FOLLOWS THE RULES WE'VE ESTABLISHED AS A COMMUNITY. I WANTED TO PREPARE AND ENVISION FUTURE OF WHAT RESPONSIBLE DEVELOPMENT COULD LOOK LIKE, BECAUSE I WANNA MAKE IT REALLY CLEAR THAT I'M NOT ANTI-DEVELOPMENT AND I GOT TO SPEAK TO THE DEVELOPER AND, AND SHARE THAT. I I RESPECT THE FACT THAT I DON'T OWN THE PROPERTY AND THAT IT WILL SOON BE DEVELOPED FOR SOMETHING, BUT IT NEEDS TO ADHERE TO THE RULES THAT WE HAVE, UH, ARCHITECTURAL EXCELLENCE, A BUILDING THAT HAS PUSHED TIME. OKAY. THANK YOU. THANK YOU, TODD. THAT THREE MINUTES IS GONNA CHALLENGE YOU. YEAH. , GOOD TO SEE YOU, UH, APPRECIATE YOUR TIME AND THE OPPORTUNITY TO SPEAK WITH YOU. IEI ISSUED A LETTER TO YOU FOLKS, UH, LAST WEEK, AND I'VE GOT SOME COPIES OF IT HERE. IF I COULD HAND THOSE OUT TO YOU. IS THAT ALL RIGHT? WE'VE ALL GOT COPIES OF IT. WE, WE DON'T NEED IT. OKAY. EVEN LEFT A COPY WITH, WITH THE CITY CLERK. SO I'LL, I'LL SAVE SOME OF MY TIME THEN. SO, UM, ONE OF THE THINGS I WOULD ASK THE, UH, COUNSEL, AGAIN, MY NAME IS TODD OBER. DING. I'M AT 1 0 4 HANOVER DRIVE IN EDMOND. UM, ONE OF THE THINGS THAT I SEE AS A RESPONSIBILITY OF YOURSELVES, UH, IS, IS REMI IS REMIND, REMINDS ME OF A QUOTATION FROM WINSTON CHURCHILL AND IT SAYS, FIRST WE SHAPE OUR BUILDINGS. THEREAFTER THEY SHAPE US. WHAT YOU GUYS AND WHAT YOU FOLKS, WHAT YOU LADIES AND GENTLEMEN ARE GONNA BE DOING TONIGHT HERE IS GOING TO IMPACT THE LIVES OF, OF MANY PEOPLE FOR MANY, MANY YEARS. AND I ASK FOR YOUR DUE DILIGENCE IN REVIEWING WHAT WE'RE ABOUT TO TALK ABOUT. I ALSO UNDERSTAND THAT CHAPTER 22 REQUIRES YOU TO REGULATE THE BUILDINGS AND FACILITATE THE FLOW OF TRAFFIC THAT'S HAZARDOUS. AND I RECOGNIZE YOUR REQUEST NOT TO TALK ABOUT THE, THE ROAD, BUT I ALSO KNOW THAT A TRAFFIC PLAN HAS BEEN SUBMITTED ON THIS PROJECT AND HAS, IS IN THE PROCESS OF BEING REVIEWED BY THE STAFF. AND YET THAT INFORMATION AND THEIR THOUGHTS ON THAT PLAN HAVE NOT BEEN PRESENTED AS PART OF THIS. AND IT BOTHERS ME THAT THERE'S THINGS GOING ON THAT ARE TAKING PLACE, BUT ARE NOT ACTUALLY BEING SHARED WITH THE REST OF US TO UNDERSTAND WHAT'S GOING ON. I'M CONCERNED ABOUT THE LONG-TERM IMPACT OF WHAT HAPPENS TO THIS INTERSECTION. SOME OF THE INFORMATION THAT TODD ALLUDED TO HERE FOR THE, UH, JOE BOND PROJECT, THERE WAS A STATEMENT THAT SAID, IN THE LAST THREE YEARS, THERE HAVE BEEN 34 WRECKS IN THE INTERSECTION WITH MANY PREVENTABLE, IF IMPROVEMENTS WERE MADE TO ALLOW FOR SAFER AND MORE EFFICIENT TURNING MOVEMENT AND WITH BETTER HORIZONTAL AND VERTICAL ALIGNMENT. I CAN'T SEE HOW WE CAN FOCUS ON THE PROPERTY LINE HERE WITHOUT RECOGNIZING THE IMPACT THAT IT HAS ON THIS RUN AREA. SO I WOULD ASK THAT, UH, THE, UH, YOU PASS THIS BACK TO THE PLANNING COMMISSION OR, AND OR THE STAFF TO ADDRESS THE ISSUES THAT WE'VE TALKED ABOUT WITH REGARD TO TRAFFIC, ANY CHANGES THAT ARE NEEDED TO THE TRAFFIC PLAN. THERE'S ALSO A STATEMENT IN THE STAFF'S REPORT THAT SAYS, MANY OF THE ROADWAY COMPONENTS SHOWN ON THE SITE PLAN WILL NEED TO BE MODIFIED. THESE REMARK REQUIREMENTS INCLUDE RIGHT OF WAY, DEDICATION, SIGNAL TRAFFIC, UH, SITE TRIANGLES, PUBLIC SIDEWALKS, TRAFFIC IMPACT ANALYSIS, AND ACCESS MANAGEMENT. I CAN'T UNDERSTAND HOW YOU CAN APPROVE A SITE PLAN THAT'S GOT A STATEMENT LIKE THAT THAT IS QUALIFYING IT THAT SAYS THERE'S A LOT OF THINGS ON HERE THAT AREN'T GONNA WORK. WHY WOULD, WHY WOULD AN OWNER WANNA MOVE FORWARD WITH A PROJECT THAT THEY DON'T KNOW WHETHER OR NOT IT'S GONNA BE ACCEPTABLE IN THE FINAL END? UM, THE LAST THING I WOULD SAY IS I WOULD AGREE WITH SOME OF THE STATEMENTS ABOUT THE IMPRESSION AND THE IMAGE OF THIS BUILDING, UH, TIME I DROVE DOWN THERE. ONE MINUTE. UH, TIME. TIME. THANK YOU. IF I HAVE TO STOP EVERYBODY, I'M GONNA STOP YOU. TODD . MR. MR. MAYOR, I'D LIKE TO MAKE A REQUEST IF WE'RE GONNA TALK ABOUT TRAFFIC, LIKE DOORS OPEN, LET'S TALK ABOUT TRAFFIC. IF WE'RE NOT, LET'S NOT. ALRIGHT, [01:15:01] NEXT. HELLO, MY NAME IS BRYCE PAGE. I LIVE AT 3 8 1 6 LIBRARY LANE, WHICH IS, UH, VERY CLOSE TO THIS OFF OF, UH, DANFORTH AND COLTRANE. I'M IN FAVOR OF THIS DEVELOPMENT AND THE REASON WHY IT HAS NOTHING TO DO WITH AESTHETICS OR ANYTHING LIKE THAT, IT HAS TO DO WITH GOOD GOVERNANCE. AND IT SEEMS TO ME THAT WHEN SOMEBODY COMES IN, A BUSINESS PERSON, A DEVELOPER COMES IN, DOES THEIR BEST TO FOLLOW THE RULES, THAT IT GOES AGAINST GOOD GOVERNMENT, GOOD GOVERNANCE TO SAY NO. USUALLY WE ARE, UH, WE'RE A, A GOVERNMENT OF LAWS NOT OF MEN, IN CASE A LOT OF PEOPLE DON'T LIKE IT. THEN WE'LL PUT EVERYTHING UP FOR VOTE. AND THAT SEEMS LIKE THIS IS A PUBLIC OPINION THING MORE THAN WHETHER SOMEBODY IS COMING IN AND FOLLOWING THE RULES THAT HAVE ALREADY BEEN ESTABLISHED. AND IN MY MIND, IT IS YOUR RESPONSIBILITY TO UPHOLD THEIR FOLLOWING OF THE RULES. AND IT SEEMS TO ME THAT THAT'S WHAT THEY'RE DOING. WE HAVE RULES FOR A REASON. WE DON'T VOTE ON EVERYTHING FOR A REASON. ONE OF MY FAVORITE QUOTES, WE WERE TALKING ABOUT QUOTES, IS FROM HL LINCOLN, AND HE SAID, DEMOCRACY IS TWO WOLVES IN A SHEEP VOTING ON WHAT'S FOR DINNER. I WOULDN'T WANT MY NEIGHBORS TO BE ABLE TO TELL ME WHAT TO DO WITH MY PERSONAL PROPERTY, EVEN IF IT'S A COMMERCIAL PROPERTY. AND I OWN COMMERCIAL PROPERTY AS WELL, JUST IN OKLAHOMA CITY. SO I THINK IT'S BLATANTLY OR PATENTLY, NOT BLATANTLY PATENTLY UNFAIR FOR A NEIGHBORHOOD WHEN SOMEONE IS FOLLOWING ALL OF THE RULES TO HAVE ANY KIND OF SAY BEYOND THE ESTABLISHMENT OF THE RULE PROCESS UPON WHETHER, UH, THIS DEVELOPMENT MOVES FORWARD OR NOT. TO ME, THAT JUST SEEMS UNFAIR. SO THANK YOU FOR YOUR TIME. MY NAME'S JAMIE CARTER. I, UH, RESIDE AT, UH, 2,400 MISSION ROAD. I'M NOT HERE TO TALK ABOUT TRAFFIC, UM, OR THE AESTHETICS. UH, I'M, I HAVE A LITTLE BIT OF A DEEPER CONCERN. I SAW RECENTLY WHEN WE WERE FLASHING THROUGH THE SLIDES, ENVIRONMENTAL IMPACT. AND WHEN WE TALK ABOUT ENVIRONMENTAL IMPACT, WE HAVE TO IMMEDIATELY THINK ABOUT THE NEED FOR THE STORM WATER RUNOFF AND RETENTION OR DETENTION. SO, JUST DID A LITTLE CALCULATION FROM LAST WEEK. WE, UH, THE CITY HAS A PLAN THAT WHEN A DEVELOPMENT IS CREATED, THEY HAVE TO HAVE, UM, A PLAN FOR WHAT THEY CONSIDER A HUNDRED YEAR STORM, THE LAST LARGE STORM IN THE AREA THAT WOULD REALLY IMPACT THIS AREA. WE HAD, YOU KNOW, A WEEK AGO, UM, PREVIOUSLY IN 2010, THERE WAS A STORM THAT WAS NINE, 9.3 INCHES OF RAIN AND 1 24 HOUR PERIOD. THIS PAST WEEK, I THINK IT WAS, UH, WE HAD 3.7 INCHES OF RAIN. NOW, I DIDN'T TAKE THE FULL 9.6 ACRES OR SEVEN ACRES INTO ACCOUNT WHEN I DID MY CALCULATION, BUT JUST A FEW QUICK NUMBERS. UM, WE HAD 3.7 INCHES OF RAIN. I WOULD SAY THAT WAS OVER A SIX, SIX HOUR PERIOD THAT EQUATES TO SEVEN SIX, SIX HUNDRED AND TWENTY 2,710 GALLONS OF WATER. THAT WOULD EQUATE TO AN 83,244 CUBIC FEET OF WATER RETENTION OR DETENTION, WHICH WOULD PREVENT DOWNSTREAM DESTRUCTION. NOW, I, I STATED THE LAST TIME I WAS HERE, UM, I RECENTLY PLAYED GOLF AND IN, AND ACTUALLY INVITED THE COMMITTEE TO TAKE A TOUR OF THE GOLF COURSE AT, UH, EDMOND GOLF CLUB. AND THERE IS SIGNIFICANT, UM, DAMAGE DONE TO THAT COURSE THAT HAS, IS SPECIFIC TO THIS AND RELATED TO THIS. SO I YIELD THAT, UH, YOU TAKE STORM WATER RETENTION IN THE MILLIONS OF DOLLARS, IT'S GONNA COST THE CITY OF EDMOND, NOT JUST DOWNSTREAM, BUT UPSTREAM IN ORDER TO MANAGE THIS AREA. THANK YOU. THANK YOU. I THINK IT'S IMPORTANT FOR THE CONSISTENCY WITH THE SURROUNDING AREA TO NOTE THAT THIS IS VISIBLE FROM THE NEIGHBORHOODS NEXT TO IT. AND MOST OF THOSE OTHER PLACES THAT HE POINTED OUT ARE NOT ACTUALLY VISIBLE FROM HOMES NEXT DOOR. FAIRFAX DOES NOT SEE THE BACK OF CREST. THERE'S A GOLF COURSE AND THERE'S AN OFFICE PARK. THAT OFFICE PARK IS BUILT WITH BRICKS, WITH PITCHED ROOFS THAT LOOK LIKE HOMES. SO NO ONE'S LOOKING AT THE BACK OF CREST. UM, ALSO THERE'S MORE THAN 130 PEOPLE OPPOSING IT. LAST I CHECKED ON THE CHANGE.ORG, THERE WAS 820 SIGNATURES, UM, OPPOSING THE WALMART. MOST OF THOSE COMING FROM [01:20:01] THE MOMS OF EDMOND, THAT'S WHERE THAT POST WAS POSTED. AND THAT'S WHO'S OPPOSING THIS AS WELL. UM, TRAFFIC IS AN ISSUE. THERE'S, IN THE LAST 60 DAYS, TWO SEMI-TRUCK HAVE BEEN STUCK AT THAT INTERSECTION. UM, I HAVE PHOTOS IF ANYONE WANTS TO SEE 'EM, BUT THAT'S JUST IN THE LAST 60 DAYS AND I CAN'T IMAGINE WHAT THE TRAFFIC IS GONNA BE LIKE WITH DOZENS AND DOZENS OF SEMI-TRUCK TRYING TO GO THROUGH THAT INTERSECTION. UM, AND THAT'S JUST IN THE LAST 60 DAYS. TWO SEMI-TRUCKS WERE STUCK IN THERE BACKING UP TRAFFIC FOR AN INORDINATE AMOUNT OF TIME. UM, BUT I THINK IT ALSO JUST NEEDS TO BE CONSISTENT BECAUSE IT'S VISIBLE FROM HOMES AND MOST OF THOSE OTHER PLACES THAT HE MENTIONED AREN'T VISIBLE FROM PEOPLE'S HOMES. MA'AM, COULD YOU GIVE US YOUR NAME FOR THE RECORD? ASHLEY COTTING. 2 9 0 1 ASHBROOK PLACE. AGAIN, MR. MAYOR, IF WE'RE GONNA TALK ABOUT TRAFFIC, I WANT TO HEAR FROM THE TRAFFIC ENGINEER, THE EXPERT ON THE SUBJECT OR NOT. ARE ARE YOU ASKING TO HEAR FROM THE WE WE HAVE IS? NO, WE'RE NOT. WELL, WE ARE. THAT, THAT'S MY POINT. NEXT. YEAH. MY NAME IS GREG COTTON. I LIVE AT 32 0 8, UH, GARDEN VISTA, WHICH IS IN THE ESTATES OF FAIRFAX. UH, A LITTLE BIT AWAY FROM WHERE THIS IS. SIR, WOULD YOU PULL THAT MICROPHONE UP THERE? THANK YOU. SURE. UM, YEAH, I THOUGHT IT WAS KIND OF RIDICULOUS THAT WALMART WAS ACTUALLY PLANNING TO BUILD SOMETHING HERE BECAUSE IT SEEMED LIKE A REALLY BAD SPOT FOR WHAT THEY WANNA DO. BUT, UH, BACK TO TRAFFIC AND, AND, AND INSTALLATION. THE PROBLEM IS THIS INTERSECTION THAT THEY'RE LOOKING AT RIGHT HERE HAS ONE LANE. RIGHT? UH, OKAY. OTHER THAN, OTHER THAN WHAT IS ON THAT DIAGRAM RIGHT THERE IN FRONT OF US. THAT'S ALL WE'RE GOING TO, WE'RE GONNA TALK ABOUT. OKAY. UM, WELL THEN LOOK AT THE, THE OTHER THING I WANT, I'M CONFUSED ABOUT. I DIDN'T KNOW WHAT E TWO WAS. I LOOKED IT UP. E TWO IS A DISTRICT THAT HAS LESS FREQUENT AND SMALLER CONCENTRATIONS OF SHOPPERS. THAT'S NOT WHAT A NEIGHBORHOOD MARKET IS FROM WALMART. THAT'S, THAT'S WHAT WE WOULD CALL THE GROCERY. THAT WOULD'VE BEEN A SUPERMARKET 30 YEARS AGO WHEN WE WERE MAKING THESE, THESE DEALS. IT'S NOT INTENDED FOR THIS KIND OF SIZE. THIS IS AN AREA THAT'S, YOU'VE GOT, UH, HOUSES OVER HERE, GOT HOUSES BEHIND IT, YOU GOT A JUNGLE WHERE IT SITS RIGHT NOW. IT'S JUST NOT AN AREA THAT'S DEVELOPABLE, DEVELOPABLE FOR THAT ON ANY KIND OF REASONABLE TIMEFRAME. IT WOULD TAKE A LONG TIME TO FIX THE DRAINAGE AND TRAFFIC PROBLEMS THAT, TO MAKE THAT AREA EVEN FEASIBLE. I MEAN, IT'S GONNA BE YEARS THAT WORK AND YOU JUST WENT THROUGH A UPGRADING THAT DEAL LAST YEAR AND YOU'VE ALREADY GOT A REQUIREMENT ON, ON TRAFFIC ON THAT, ON THAT SYSTEM. YOU, YOU CAN'T TURN RIGHT OFF OF A ROAD TO ONCE AGAIN. OKAY. BUT IT IS A PROBLEM THAT'S NOT GOING TO BE FIXED IN ANY KIND OF SHORT LENGTH OF TIME. IT'S GONNA BE A LONG PROJECT FOR A TOPOGRAPHY THAT'S NOT FLAT THAT HAS ALL KINDS OF ISSUES GOING ON IT. AND IT'S, AND AGAIN, I DON'T PARTICULARLY LIKE THE BLUE BUILDING, BUT THE RED BUILDING, I DON'T REALLY CARE. I I'M NOT REALLY GONNA SEE IT. I LIKE WALMART. I LIKE TO HAVE A SHOPPING CENTER NEARBY, BUT I'VE GOT ONE, I GOT A CREST. SO WE DON'T REALLY NEED IT. AND IT'S NOT THAT, IT'S NOT WHAT THE NEIGHBORHOOD SHOULD BE DOING THERE. THERE'S NO OTHER COMMERCIAL PROPERTIES IN THAT AREA. ONE MINUTE. OKAY. THANK YOU. THANKS. GOOD EVENING. UH, MIKE MCGINNIS 27 17 ASHBROOK PLACE. UM, IT WAS DISCUSSED IN THE PLANNING AND, UH, MR. MCKEN MCKENNA DIDN'T MENTION IT, BUT THERE WAS MENTION OF PROPERTY OWNERS IN THAT AREA SHOULD HAVE KNOWN ABOUT THE PUD. PROPERTY OWNERS IN THE AREA DID KNOW ABOUT THE PUD. AND ON THREE SEPARATE OCCASIONS BEFORE THE COUNCIL GOT CONCESSIONS FROM THE ORIGINAL DEVELOPER, HE RECOGNIZED THAT AS THE NEIGHBORHOODS BUILT UP, THAT THERE WAS GONNA BE POTENTIAL ISSUES WITH THAT PROPERTY IN THE PUD HOWEVER, AND THEY WERE ACCEPTED BY THE COUNSEL AND THE CITIZENS, AND EVEN THE ATTORNEY FOR THE, UH, AT THE TIME FOR THE DEVELOPER RECOGNIZED THAT THEY SHOULD HAVE BEEN ACCEPTED BY REFERENCE IN THAT THE CITY FAILED TO PUT 'EM INTO THE PUD. THEY FELL OFF. MR. BOX DID A GREAT JOB IN DESTROYING THE WORK THAT HAD BEEN DONE PRIOR TO THAT. ALSO, THIS PUD IN ITS ORDINANCE STATES THAT IT HAS TO BE RE-UPPED EVERY FIVE YEARS [01:25:01] ON TWO SEPARATE OCCASIONS. ONE THAT WAS TWO YEARS LATE, IT SHOULD HAVE BEEN DENIED. AND IN THE ORDINANCE, IT SAYS SHALL REVERT TO ITS PREVIOUS, UH, ZONING. UNFORTUNATELY, THE COUNCIL PASSED EVEN THOUGH IT SHOULD HAVE BEEN DENIED. SO THERE IS, UH, WORK THAT'S BEEN DONE IN ORDER TO TRY TO GET THIS FIXED OVER THE PAST. AND THE LAST THING I WANTED TO SAY WAS, MR. TAPP IS SPECULATED QUITE A BIT ON THIS PROPERTY. HE'S GOT A LOT OF MONEY INVESTED, AND IT'S NOT UP TO THIS, THE CITY OF EDMOND TO MAKE HIS SPECULATION PROFITABLE. THANK YOU. HOLD YOUR APPLAUSE, PLEASE. GOOD EVENING. CHASE. HENNEGER, SUNNYBROOK, UH, COURT 8 0 3. UM, I LIVE NOT FAR AWAY FROM THIS SITE, AND, UH, I JUST, A LOT OF PEOPLE WERE HERE IN OPPOSITION. AND I ALSO AGREE WITH THE GOVERNANCE. I THINK IF WE'RE FOLLOWING THE RULES OF THE CITY, WE SHOULD TRY STOP TRYING TO PLAY CITY AND TRUST YOU GUYS AS THE EXPERTS. WE HAVE A PLANNING COUNCIL THAT DOES FOLLOW THE RULES. WE HAVE ENGINEERINGS, UH, DEPARTMENT THAT ARE GONNA DO ALL THE CALCULATIONS. WE'RE GONNA HAVE STREET PEOPLE THAT ARE GONNA LOOK AT THIS AND MAKE SURE THAT IT MAKES SENSE FOR THE PEOPLE. AND, UH, SO I JUST WANT TO FOLLOW THROUGH WITH THE STRUCTURES AND THE LAWS THAT WE HAVE SET UP AS A COMMUNITY. IF WE MAKE IT HARD FOR PEOPLE TO DEVELOP OUR COMMUNITY FOR BUSINESSES TO TAKE A RISK, IT'S, IT'S ON THEM. IF YOU DON'T LIKE THIS, BOYCOTT IT AND IT'LL CLOSE DOWN. UM, I THINK WE HAVE TO ALLOW COMMUNITY TO DEVELOP AND DEVELOPMENT TO DEVELOPMENT. AND, UH, I'M A LITTLE BIT DIFFERENT. I LIKE TO GO SHOPPING EVERY COUPLE DAYS FOR MY GROCERIES, AND I BELIEVE THAT THIS CONCEPT WOULD ALLOW ME FOR MY NEIGHBORHOOD TO WALK WITH MY KIDS AND GO PICK OUT GROCERIES, GO HOME AND COOK THAT FOOD. I DON'T GO TO SAM'S AND BUY STUFF THAT I THROW IN A, IN THE OVEN, UH, THAT SAT IN A FREEZER FOR MONTHS. SO I HAVE A LITTLE BIT DIFFERENT PERSPECTIVE, UM, BUT I'VE BEEN, I'M IN APPROVAL FOR IF IT MEETS ALL THE EXPECTATIONS THE CITY HAS THAT IT SHOULD BE APPROVED. THANKS. THANK YOU. I AM A LOT SHORTER THAN HIM. LAYLA PEPPER, 2,900 ASHBROOK PLACE. UH, MY NEIGHBORHOOD, OR MY, SORRY. MY HOUSE BACKS UP TO THE PROPOSED DEVELOPMENT SITE. MY HUSBAND AND I ARE LOCAL EDMOND BUSINESS OWNERS. I SERVED ON ASHFORD OAKS, HOA FOR FIVE YEARS. I WAS PRESIDENT UP UNTIL MARCH OF 2025. OH, NO LIGHTS. UH, I MENTIONED THIS TO SAY THAT I'M HEAVILY INVOLVED IN MY NEIGHBORHOOD AND MY COMMUNITY, AND I'M SPECIFICALLY INTERESTED IN THE PIECE OF PROPERTY THAT SITS RIGHT BEHIND MY HOUSE. I'LL BE CLEAR, I STRONGLY OPPOSE THIS DEVELOPMENT, BUT I ALSO BELIEVE IN BEING OPEN-MINDED. SO I MET WITH THE DEVELOPER LAST WEEK. I DO SEE HIS PERSPECTIVE AND I SYMPATHIZE WITH HIS POSITION, BUT I BELIEVE THAT THIS DEVELOPMENT IS TOO LARGE. 44,000 SQUARE FEET IS TOO LARGE FOR THIS PARTICULAR PIECE OF LAND. I ALSO ECHO THE CONCERNS OF THE ARCHITECTURE OF THE PROPOSED SITE PLAN. AND AGAIN, AS MY NEIGHBOR ASHLEY MENTIONED, THERE ARE OVER 800 PEOPLE WHO HAVE SPOKEN. THEY DON'T WANT IT EITHER. WHEN I LOOK AT HOW WALMART HAS MADE GREAT COMMUNITY IMPROVEMENTS IN BENTONVILLE, MAKING IT A HEALTHIER, HAPPIER PLACE TO LIVE, HOW THEY'VE INCORPORATED NATURE, TRAILS, ART AND WELLNESS, I SEE THAT WALMART AS A CORPORATION HAS AWARENESS OF ITS COMMUNITY. IMPACT STUDIES SHOW THESE ARE THINGS WHICH MAKE HUMANS AND COMMUNITIES THRIVE. AND THEY'RE THINGS THAT I THINK THAT I SEE THAT EMIN VALUES. IN CONTRAST, I BELIEVE THAT THIS SITE PLAN, AS IT STANDS, IS THE WORST THAT WALMART AS A CORPORATION HAS TO OFFER BASED ON THE SIZE OF THE DEVELOPMENT AND THE DESIGN. I FOUND A LIST OF EDMOND'S CORE VALUES LISTED ON YOUR WEBSITE. ONE THAT REALLY STOOD OUT TO ME WAS INNOVATION. IT SAYS WE VALUE INNOVATION, CREATIVE THOUGHT, AND THE COLLABORATION OF IDEAS. I'VE LEARNED BEING AN ENTREPRENEUR THAT THIS REQUIRES YOU TO BE CREATIVE, INNOVATIVE, AND A PROBLEM SOLVER. IT ALSO CALLS FOR COLLABORATION. AND SOMETIMES TO JUST SIMPLY STOP AND LISTEN. I WOULD ASK FOR THE DEVELOPER AND HIS COUNSEL TO BE WILLING TO LISTEN AND COLLABORATE. I KNOW THIS IS BUSINESS ONE, ONE MINUTE, BUT 800 PEOPLE HAVE SPOKEN. BE OPEN, BE CREATIVE. COME UP WITH A PLAN THAT STILL SUPPORTS ECONOMIC DEVELOPMENT WHILE ALSO CONSIDERING THE SURROUNDING RESIDENTS AND THE INFRASTRUCTURE OF THE AREA. THESE TWO THINGS DON'T HAVE TO BE MUTUALLY EXCLUSIVE. I WOULD ASK THAT THE COUNCIL WOULD DENY THIS PLAN AS IT STANDS BASED ON ITS INAPPROPRIATE FIT FOR THE AREA, AND THAT INSTEAD HONOR THE VALUES THAT EDMOND HAS SET AS ITS STANDARD. THANK YOU. THANK YOU MR. MOORE. YOU BETTER GET UP THERE BEFORE [01:30:01] SOMEONE ELSE DOES. YOU'VE BEEN TRYING FOR LIKE 10 MINUTES NOW. , UH, THANK YOU MAYOR. MEMBERS OF THE CITY COUNCIL. UH, ED MOORE, UH, 2 7 1 1 ASH CREEK DRIVE. I LIVE IN THE NEIGHBORHOOD. UH, TODD HAS DONE A GOOD JOB ON MAKING IT ABOUT COMPATIBILITY. I MAINTAIN THAT THIS IS NOT COMPATIBLE WITH ANYTHING ELSE. ANY OTHER NEIGHBORHOOD. UM, WALMART NEIGHBORHOOD MARKET. UH, THERE ARE SEVEN NEIGHBORHOOD MARKETS IN THE EDMOND, OKLAHOMA CITY AREA. AND IT'S NOT ABOUT THE, UH, MAINTAIN. NONE OF THE OTHER MAR WALMARTS ARE BUILT ON TWO LANE ROADS. YOU CAN ADD ANOTHER LANE, YOU CAN PATCH IT WITH ANOTHER LANE, BUT NO OTHER WALMART IN THE GREATER OKLAHOMA CITY OR EDMOND IN OKLAHOMA CITY IS BUILT ON A TWO LANE ROAD. MOST OF THEM HAVE A SEPARATE E ENTRANCE FOR THE TRUCKS. THIS IS USING THE SAME ENTRANCE AND THE PLAN WHERE IT COMES IN FROM THE WEST SIDE AND DOES A LOOP AND EXIT OUT THE, UH, THE, UH, THE EAST SIDE. UH, A COMMON WE GOT TRUCKS AND AUTOMOBILES. SO THIS IS NOT, YOU KNOW, IF YOU KNOW WHAT'S COMPATIBLE WITH OTHER WALMARTS, UH, EDMONDS, UH, NEIGHBORHOOD. WALMART IS BASICALLY BUILT ON EIGHT, EIGHT LANES. THERE'S A TWO MAIN LANES. THERE'S A TURN LANE INTO THE WALMART ON SECOND STREET. THERE'S A TURN LANE AT THE LIGHT. UH, AT THE LIGHT. IT ALSO HAS A LIGHT, UH, THAT MAKES IT COMPATIBLE WITH THE TRAFFIC. THAT TRAFFIC, WE CAN'T TALK ABOUT TRAFFIC, BUT THIS HAS TO DO WITH COMPATIBILITY. AND I MAINTAIN THAT WALMART HAS CERTAIN DESIGN REQUIREMENTS THAT THEY KNOW BETTER THAN MOST PEOPLE WHAT'S REQUIRED. AND WE DON'T NEED A WALMART ON A TWO LANE ROAD WITH PATCHWORK. PLEASE HOLD YOUR APPLAUSE. GOOD EVENING. I'M JANET DARD. I LIVE AT 2032 O SORROW WAY IN THE CROSS TIMBERS NEIGHBORHOOD. I DRIVE THROUGH THIS INTERSEX INTERSECTION MULTIPLE TIMES A DAY. AND I'M NOT GONNA MAKE IT ABOUT TRAFFIC, BUT I DO THINK WE'VE GOT THE CART BEFORE THE HORSE HERE. I AM NOT ANTI-DEVELOPMENT. I THINK THOSE CORNERS WILL BE DEVELOPED, BUT I THINK WE NEED TO TAKE CARE OF THE INFRASTRUCTURE FIRST. MY HUSBAND AND I WERE OUT DRIVING SATURDAY IN THE RAINSTORM. MAYBE NOT A SMART IDEA, RIGHT? BUT WE WERE IN A BIG THREE 50 TRUCK. IT TAKES A LOT TO, TO STOP US. THE WATER WAS UP TO THE ROAD LAPPING THE INTERSECTION, AND I KNOW THEY SAID THREE POINT SOMETHING INCHES. WE HAVE A FANCY ANCY RAIN GAUGE IN OUR BACKYARD, AND IT HAD ALMOST FIVE INCHES. AND SO I THINK RIGHT AT THAT INTERSECTION, IT WAS PROBABLY MORE WATER, BUT IT, IT LITERALLY WAS LAPPING ON THE ROAD. AND IF YOU HAD TURNED SOUTH ON COLTRANE, YOU WOULD'VE BEEN RUNNING THROUGH MANY INCHES OF WATER. SO I TRULY BELIEVE IT'S NOT A MATTER OF IF THIS SHOULD BE BUILT, IT'S A MATTER OF WHEN IT SHOULD BE BUILT. AND I WOULD ASK THAT YOU CONSIDER THE TIMING AND WE GET THAT AREA, THE, THE INFRASTRUCTURE BUILT FIRST AND THEN WE LOOK AT DEVELOPMENT. THANK YOU. THANK YOU. ANYONE ELSE? COMMENTS FROM THE COUNCIL? OH, WE GOT ONE MORE. UH, MY NAME IS DAVID PAYNE AND I RESIDE AT 1901 NORTH COLTRANE, WHICH IS ABOUT A HALF A MILE NORTH. AND I, I COME HERE NOT TO OBJECT OR PROMOTE OR SUPPORT THIS, BUT MY CAREER FOR 40 YEARS HAS BEEN ASSISTING FACT FINDERS IN CONTESTED DISPUTES. I SERVE AS A FIDUCIARY FOR COURTS OF LAW AND AN OFFICER OF THE COURT. I'M AN APPRAISER AND A FORENSIC ACCOUNTANT. AND WHAT I WANT TO DO IS TALK ABOUT, I, I THINK THE CITIZENS VIEW THIS COUNCIL AS THE FIDUCIARY FOR THEM, AS THE STAKEHOLDERS AND RESIDENTS. SO AS A FIDUCIARY, GOOD FIDUCIARIES ARE COMPELLED TO APPLY THEIR BUSINESS JUDGMENT TO THE [01:35:01] FACTS AND THE LAW. THE FACTS HERE, IN MY OPINION, ARE A LITTLE DISTINGUISHABLE FROM SOME OF THE OTHER THINGS WE'VE SEEN UP ON THE SCREEN TODAY. WHY? BECAUSE COLTRANE IS A RIVERBED HISTORICALLY, RIGHT? YOU HAVE ABOUT 640 ACRES OF WATERSHED THAT COMES INTO COLTRANE. THE LOW POINT FROM DANFORTH GOING NORTH IS AT THIS INTERSECTION. YOU GO WEST TO THE LEFT OF THIS MAP, ASHFORD OAKS WATERSHEDS INTO THIS PROPERTY. YOU GO TO THE EAST FAIRFAX WATERSHEDS TO THIS INTERSECTION. IT'S VERY SENSITIVE. I WOULD POINT OUT SOMETHING THAT I HAVEN'T HEARD ANYBODY MENTION AT THIS CORNER IS A MAJOR GAS LINE, NATURAL GAS LINE. I DON'T KNOW IF ANYBODY'S THOUGHT ABOUT, UH, PROTECTIVE, UH, PROTECTING THAT, BUT, UH, A LARGE TRUCK COULD HYDROPLANE AND BREACH THAT LINE. YOU COULD HAVE A LARGE EXPLOSION. THERE ARE MANY DIFFERENT ASPECTS ABOUT THE PROPERTY AND THE TOPOGRAPHY. I THINK THE MOST IMPORTANT THING ABOUT THIS PROPERTY IS IT'S ABSORPTION. IT IS ONE OF THE LAST UNDEVELOPED AREAS THAT HELPS ABSORB THE RUNOFF IN THE WATER. SO I WOULD JUST URGE THE COUNCIL, UH, WHEN WE HEAR ABOUT THERE'S QUANTITATIVE ASPECTS TO FOLLOWING THE RULES AND DEVELOPMENT, AND THERE'S A QUALITATIVE ASPECT TO YOUR JOB AS FIDUCIARIES, THEN I WOULD JUST ASK YOU TO CONSIDER BOTH AND WEIGH BOTH SO THE FOOTPRINT OF EDMOND CAN BE DEVELOPED APPROPRIATELY, UH, FOR THE BENEFIT OF THE RESIDENTS AND THE PROPERTY OWNERS THAT WANT TO DEVELOP. THANK YOU. THANK YOU. ANYONE ELSE? I THINK WE HAVE SOMEONE COMING UP. UH, MY NAME'S CHRIS ANDERSON. UH, I LIVE IN EDMOND. UH, I OWN A BUSINESS HERE IN DOWNTOWN EDMOND. UH, I USED TO DO A LOT HERE IN DOWNTOWN EDMOND. ONE LAST COUNT. I WAS TOLD I WAS THE SECOND LARGEST PROPERTY OWNER IN DOWNTOWN EDMOND, BUT I REALLY SLOWED MY REAL ESTATE DEVELOPMENT THE PAST FEW YEARS BECAUSE OF THIS RIGHT HERE. IT'S JUST BECOME TOO HARD TO DEVELOP IN EDMOND. IT'S JUST NOT FUN ANYMORE. I USED TO KNOW EVERY SINGLE COUNCILMAN I'VE MET WITH MR. MOORE A COUPLE TIMES. MR. NASH SPOKE AT CHAMBER A COUPLE WEEKS AGO. I DON'T KNOW THE REST OF YOU. I SERVE ON THE PARK AND REC BOARD FOR EDMOND AND I ALSO SERVE ON THE EDMOND CHAMBER BOARD. AND JUST LIKE MR. TAP, I'VE HAD TO SUE THE CITY OF EDMOND, UH, FOR A PROPOSED DEVELOPMENT. EVERYBODY IN THIS ROOM IS HERE TO PROTEST WALMART. I REALLY FEEL THAT IF THIS WAS A TRADER JOE'S OR A TAPS GROCERY, THERE WOULDN'T BE THIS RESISTANCE. AS FAR AS I KNOW, MR. TAP IS NOT REQUESTING ANY VARIANCES, ASKING FOR ANY INCENTIVES. AND HE IS, HIS PLAT FITS WITH WHAT IT'S SUPPOSED TO GO IN THAT AREA. AS SOME ASTRO OAKS RESIDENTS TOLD HIM, IF THIS WAS A TRADER JOE'S, THERE WOULDN'T BE ANY PUSHBACK. FOR SOME REASON IT'S WALMART. BUT I WANNA TAKE THE NAME WALMART OUT OF IT AND REPLACE IT WITH MR. TAP. MR. TAP IS A LOCAL DEVELOPER. HE LIVES HERE. HE GRADUATED FROM EDMOND HIGH SCHOOL IN 1990. HIS FAMILY'S HERE. HE EATS HERE, HE SHOPS HERE. HE RAISES FAMILY HERE. HE IS JUST LIKE YOU AND I, HE'S DEVELOPED SOME THINGS AROUND TOWN THAT YOU PROBABLY FREQUENT AROUND FOX LAKE OFF I 35 SECOND IN COLTRANE, WHERE EDDIE'S AN OLD SCHOOL BAGEL ARE. MR. TAP IS A LOCAL DEVELOPER WHO HAS LOCAL TIES. I JUST THINK THE NAME WALMART IS WHAT IS ON EVERYBODY'S MIND. THANK YOU. THANK YOU. ANYONE ELSE COUNSEL? MR. MAYOR? I'VE GOT A LOT TO SAY, BUT I CAN'T SAY IT WITHOUT A FIVE MINUTE BREAK. UH, IF WE, IF WE CAN PLEASE, I'D LIKE TO REQUEST A FIVE MINUTE BREAK OR I'LL STEP OUT AND COME BACK. NO, LET'S, LET'S MAKE A MOTION TO RECESS FOR UNTIL SEVEN 16. MR. MAYOR, I'D MAKE THAT MOTION. SECOND. SECOND. OKAY. SECOND. I HAVE A MOTION TO SECOND CAST YOUR VOTE. GLAD THAT DIDN'T DIE FOR LACK OF SECOND. MR. MAYOR. MOTION PASSES. MR. MCKINNIS, WOULD YOU LIKE TO RESPOND TO PUBLIC COMMENTS? COULD I JUST, I CAN ADDRESS IT? SURE. THANKS. IF THAT'S OKAY WITH YOU. UH, I DO IT THREE MINUTES. THREE MINUTES? NO. OKAY. I'LL DO WHATEVER YOU, YOU CAN TAKE WHAT TIME YOU NEED, SIR. OKAY. WELL, I WANNA BE THOROUGH, BUT I ALSO WANNA BE RESPECTFUL. UH, SO MR. BLACK MENTIONED, AND I, I'M GONNA HIT [01:40:01] THE THINGS THAT ARE RELATED TO THE APPLICATION. AND MR. BOX IS GONNA ADDRESS TWO QUICK THINGS THAT ARE ALSO WERE BROUGHT UP BY CITIZENS THAT MAY BE MORE ON THE LITIGATION SIDE, JUST BECAUSE THEY'RE WRITTEN IN BLACK AND WHITE AND HE CAN POINT 'EM OUT. UH, MR. BLACK MENTIONED, UH, THE ISSUE WITH RESPECT TO URBAN FORESTRY. UH, URBAN FORESTRY SIGNED OFF ON THE, UH, MEMO AS MR. BRIAN MENTIONED, UH, IN HIS, UH, IN HIS MEMO TO THE CITY. UH, MY, I HAVE A DRAWING, CHRISTY, THAT IS WHAT WE CALL THE LINE OF SIGHT DRAWING. UH, MR. FARLEY MENTIONED THE LINE OF SIGHT FROM HIS PROPERTY AND OH, OH, YOU'RE NOT IN MY PRESENTATION. THANK YOU. I THINK IT'S JUST ONE OR TWO FORWARD, PLEASE. ACTUALLY, IT'S MORE THAN THAT. MORE RIGHT THERE. OH, BACK PLEASE. THANK YOU. UH, AND SO JUST AS A ILLUSTRATION, THIS IS A LINE OF SIGHT DRAWING THAT SHOWS, UH, THE PROPERTY, MR. FARLEY MENTIONED A SIX FOOT INDIVIDUAL AND WHETHER OR NOT THEY COULD SEE IN THE SECOND FLOOR. UH, SO YOU CAN SEE, UH, LINE, SITE A IS THE ONE THAT GOES BASICALLY STRAIGHT EAST, WEST, AND LINE SITE B IS ONE THAT GOES BASICALLY TO THE NORTHEAST AT A 45 OR SOME SORT OF DEGREE THERE THAT SHOWS WHAT YOU CAN OR CAN'T SEE FROM THOSE LOCATIONS. NOT TO MENTION, UH, THE FOLIAGE THAT'S IN THAT AREA. SO, UH, I BELIEVE THAT WE'VE ADDRESSED THAT BECAUSE OF THE ELEVATION. THE, YOU, YOU CAN'T, TODAY. SOMEBODY TOLD ME A COUPLE WEEKS AGO, HEY, YOU CAN'T HYPOTHETICALLY SHOW A BUILDING THAT DOESN'T EXIST AND SHOW WHERE IT IS BASED ON SOMETHING THAT EXISTS TODAY. WE KNOW WHAT OUR FINISHED FLOOR ELEVATION IS OF OUR BUILDING. THAT PUTS IT AS YOU'LL LINE SITE B, THE TOP LINE THAT ANY LINE OF SIGHT WOULD BE ABOVE THE TOP OF OUR BUILDING. UH, ALSO HE MENTIONED TITLE 22. UH, AND OF COURSE, STAFF INTERPRETS TITLE 22 ABOUT WHETHER OR NOT YOU CAN SEE THINGS. AND THEY'VE SAID, WE HAVE NO VARIANCES. UH, YOU CAN LOOK ALL OVER EDMOND, AND THERE'S LOTS OF EXAMPLES WHERE YOU COULD SEE ROOFS OF BUILDINGS FROM RESIDENCES. BUT AS YOU CAN SEE FROM OUR LINE OF SIGHT EXAMPLE, IT, IT DOESN'T EXIST HERE. UH, I DON'T KNOW, I DIDN'T KNOW MR. PAGE OR MR. HENNEGER, BUT I APPRECIATE THEM BEING HERE. IT'S RARE TO HAVE SOMEONE COME SPEAK IN SUPPORT OF A PROJECT. UM, MR. CARTER MENTIONED THE, UH, STORMWATER DETENTION. AND I THINK THAT'S REALLY RELEVANT. WE SEEM LIKE WE MENTION THIS ALL THE TIME, BUT I THINK IT'S IMPORTANT THE CITY OF EDMOND ORDINANCES HAVE VERY STRICT REQUIREMENTS ON DEVELOPED LAND, WHAT IT CAN DO COMPARED TO WHAT IT IS TODAY. UH, MISS SOMEONE MENTIONED THE, THE, UH, WATERSHED. SO OUR ORDINANCES WERE VERY, VERY CLEAR. OUR MOVEMENT OF WATER OFF OF OUR SITE AFTER IT'S DEVELOPED CANNOT BE AT A GREATER RATE OF SPEED OR GREATER VA GREATER VOLUME THAN IT IS TODAY. THAT'S A REQUIREMENT THAT'S THE ENGINEERS GET WITH THE CITY OF EDMONDS STORMWATER ENGINEERS, AND THEY MAKE SURE ENGINEERING IS SATISFIED WITH THAT. IN THIS EXAMPLE, THE DETENTION IS MOSTLY UNDER THE PARKING LOT, WHICH IS ODDLY ENOUGH WHAT WALMART DID AT 15TH AND I 35. SO THE CONCERN FOR THE EXISTING PROBLEMS AT THE INTERSECTION OF COLTRANE AND COVELL WITH RESPECT TO WATER, THE CITY OF EDMOND, DOES NOT ALLOW US TO ADD TO THAT PROBLEM THAT EXISTS TODAY. SOMEDAY THAT INTERSECTION WILL BE DEVELOPED WITH CURB AND GUTTER, AND IT'LL PROBABLY BE BETTER FOR EVERYBODY, BUT WE CANNOT ADD TO THAT. SO WATER THAT SITS ON OUR SITE TODAY, EVEN THOUGH IN THE FUTURE IF IT WERE TO BE APPROVED, WOULD HAVE A LOT MORE IMPERVIOUS SURFACE THAN EXISTS TODAY. WE CANNOT HAVE A GREATER RATE OF SPEED OR GREATER VOLUME OF WATER LEAVING OUR SITE THAN DOES TODAY AS A NATURAL SITE. SO THAT'S, THAT'S A RULE THAT WE HAVE TO FOLLOW. AND WE HAVEN'T ASKED FOR A VARIANCE AT ALL WITH RESPECT TO THAT. UH, SOMEBODY MENTIONED IT SHOULDN'T BE SPECULATION, MR. MCGINNIS? I AGREE. YES. CAN CAN YOU BACK UP, STICK ON THAT ONE ISSUE JUST A SECOND. YES. ON THE STORMWATER, BECAUSE, UH, UH, OUR STORMWATER ENGINEER, MR. BEATTY HAS INCLUDED A, IN, IN THE REPORT THAT, UM, THE STORMWATER RUNOFF AND THE WAY IT'S BEING HANDLED UNDERGROUND IS ADEQUATE, BUT FOR THE SUBJECTIVITY OF THE RATE FLOW, THAT HAS NOT BEEN DETERMINED YET BY YOU GUYS. IS THAT CORRECT? THAT'S CORRECT. SO WHAT THE, AND, AND GO AHEAD. AND AS I UNDERSTAND, IF IT, IF IT DOESN'T, THEN, THEN A VARIANCE WOULD'VE TO BE REQUESTED. YES, THAT'S WHICH YOU WON'T, WE'RE NOT DOING THAT. WON'T. SO WHAT, THANK YOU. I JUST INTERRUPTED YOU TWICE. MR. MOORE TOLD ME WE CAN SING TOGETHER, BUT WE CAN'T TALK AT THE SAME TIME. SO I'M GONNA TRY TO HONOR THAT. UH, SO IF FOR SOME REASON OUR DEVELOPMENT BECAUSE WE'RE DOING SOMETHING IN A FLOOD AREA, OR IS CHANGING THE RULES WITH RESPECT TO THE RULES I JUST LAID OUT, THEN WE HAVE TO GO TO WHAT'S CALLED THE STORM WATER ADVISORY BOARD. IN YOUR INSTANCE, EXAMPLE, YOU MENTIONED IF WE'RE TRYING TO DO SOMETHING THAT CAUSES A RISE IN THE FLOODWAY OR THE FLOODPLAIN AREA, UH, THEN YOU GO TO STORMWATER ADVISORY BOARD AND ASK FOR A VARIANCE. WE'RE NOT DOING THAT. WE, WE WOULDN'T, WE, WE'VE ALREADY SAID WE'RE NOT ASKING FOR ANY VARIANCES. SO WHAT MR. BEATTY SAID, [01:45:01] WHO RUNS A STORMWATER DIVISION, AND IT'S IN THE MEMO IN FRONT OF YOU THAT MR. BRIAN AUTHORED, IS IF THAT IS TO BE DETERMINED, IF THAT'S DETERMINED THAT THERE'S A RISE IN THERE, WE WOULD HAVE TO DO THAT. WE WOULD HAVE TO GO TO SWAB AND ASK FOR A VARIANCE. AND I'M TELLING YOU, WITH MY HONOR, WE'RE NOT DOING THAT. SO OUR HYDROLOGISTS, OUR ENGINEERS WORK WITH THE CITY OF EDMOND ENGINEERS AND THEY WILL MAKE THAT DETERMINATION. THAT'S, THAT'S NOT A SUBJECTIVE, SOME ATTORNEY THAT, WITH A POLITICAL SCIENCE DEGREE DOES NOT GET INVOLVED IN THAT CONVERSATION. SO, UH, SEE IF I SAW ANYTHING ELSE. I, UH, I MADE NOTES WHAT EVERYBODY SAID. THE STORM WATER OF THE CART BEFORE THE HORSE, MRS. AD, UH, TRIED TO ADDRESS THAT. UH, MR. FAYE MENTIONED ABOUT BEING A FIDUCIARY AND TALKED ABOUT STORMWATER, THE MAJOR GAS LINE ON THE SOUTHWEST CORNER. UH, AND ADMITTEDLY THE FIDUCIARY HAS THE DUTY TO ALL CITIZENS WITH RESPECT TO THAT. BUT I THINK STORMWATER, EVERYBODY TRIED NOT TO SAY TRAFFIC. THEY DID A REALLY GOOD JOB OF THAT. UH, I DON'T SEE ANYTHING ON MY NOTES THAT I DIDN'T ADDRESS. MR. BOX IS GONNA MENTION WHAT MR. BLOCK MENTIONED ABOUT BLACK MENTIONED ABOUT THE BUFFER, BUT DID I MISS ANY CITIZEN COMMENT? THE E TWO OH, THANK YOU VERY MUCH. SO, UH, ZONING IN, IN THE PUD HERE, THE LAND USE IS E TWO AND E TWO ZONING MEANS RETAIL WITH OPEN DISPLAY. AND SO ANY RETAIL WITHOUT ANY DESIGNATION AS TO SIZE OR TYPE OF SHOPPER IS ALLOWED IN E TWO. AND IT HAS THE ADDITIONAL USE OF WHAT'S CALLED OPEN DISPLAY. SO FOR EXAMPLE, A LOWE'S IS E TWO BECAUSE THEY HAVE AN OUTDOOR NURSERY AREA. A A CAR DEALERSHIP, IF IT WERE ALLOWED WOULD BE E TWO, A TIRE SHOP THAT ROLLS THEIR TIRES OUT IN THE FRONT AND HAS THEM FOR SALE THAT ARE VISIBLE. A NURSERY WOULD BE E TWO. E ONE BY COMPARISON IS JUST REGULAR RETAIL, UH, LIKE A SEVEN 11. UH, THAT DOESN'T HAVE OUTDOOR DISPLAY, BUT E TWO IS A GREATER RETAIL USE. IT'S OUR MOST, IT'S OUR MOST GENEROUS RETAIL USE IN THE CITY OF EDMOND. IT ALLOWS RETAIL WITH OUTDOOR DISPLAY. THAT'S WHAT THIS ZONING ALLOWS, AND IT DOESN'T HAVE A QUALIFICATION. AND I, WITH ALL DUE RESPECT, I, I'M NOT SURE WHERE THE DEFINITION CAME FROM, BUT THAT'S NOT IN OUR E TWO ORDINANCE WHEN IT COMES TO OUR LAND USE WITH THE CITY OF EDMOND. SO THANK YOU FOR MENTIONING THAT. I APPRECIATE THAT. THANK YOU MR. MAYOR. MEMBERS OF COUNCIL DAVID BOX. UM, I'VE GOT A BIT OF A UNIQUE PERSPECTIVE 'CAUSE I'VE BEEN INVOLVED IN THIS CASE SINCE 2013. UM, BACK THEN MY FATHER WAS STILL WORKING AND SO HIM AND I GOT TO, TO DO THIS TOGETHER. SO I WANT TO REAL BRIEFLY ADDRESS, UH, THE BUFFER, MR. BLACK PUT THAT, UH, AT ISSUE AS IF IT WERE SOMEHOW NOT DETERMINED BY THE COSAL APPEALS. SO IT'S IMPORTANT THAT WE LOOK AT, UH, THE WORDS OF THE CO SEAL APPEALS BECAUSE THE SAME ARGUMENT WAS MADE BY MR. BLACK AND HIS NEIGHBORS BACK IN 2015, THAT THE LANGUAGE OF THE PUD REQUIRED THE BUFFER TO BE ON THE SUBJECT TRACT. WHAT THE COURT CIVIL APPEALS TELLS US AT PARAGRAPH 13 REGARDING THE GREENBELT, WE FIRST NOTE THE PUD DESCRIBES THE GREENBELT BUFFER AS SURROUNDING THE SUBJECT TRACT AND IS TO BE DEDICATED FOR USE AS A PARK BY THE ASHFORD OAKS SUBDIVISION. THERE IS NO REQUIREMENT IN THE PUD THAT THE GREEN BELT BE CARVED FROM THE SUBJECT TRACT. THE SUBJECT TRACT, OF COURSE, IS DEFINED BY THE 9.6 ACRE TRACT. BEFORE YOU FURTHER, THE COURT GOES ON TO SAY WE FURTHER HOLD THE GREEN BELT REQUIREMENT IS IN INAPPLICABLE WITH RESPECT TO THE NORTH SIDE OF THE SUBJECT TRACT. SO FINALLY, EVERYBODY INVOLVED BACK THEN SPENT LOTS OF TIME, LOTS OF EFFORT, LOTS OF MONEY, AND PERHAPS LOTS OF PAIN GOING THROUGH THAT LITIGATION TO FIND OUT WHAT THE ANSWER IS. THE COURT OF CIVIL APPEALS VERY SUCCINCTLY TOLD US. NOW, AT THE TIME, IT WAS A BIT OF A MATTER OF FIRST IMPRESSION. THERE REALLY WASN'T ANY CASE LAW IN OKLAHOMA TO PULL FROM THE COURT OF CIVIL APPEALS HAD TO PULL FROM CASE LAW RELATING TO PLATS AND ALSO PULLING FROM TREATISES AT PARAGRAPH NINE, PULLING FROM A TREATISE, THE COURT OF CIVIL APPEALS QUOTES, THE TREATISE IS SANE. MOST COURTS REGARD THE SITE PLAN REVIEW STEP AKIN TO A BUILDING PERMIT IF THE REQUIREMENTS ARE MET. THE DECISION MAKING BODY HAS NO DISCRETION TO DENY SITE PLAN APPROVAL. IN OTHER WORDS, THE SITE PLAN REVIEW AND APPROVAL PROCESS ARE MINISTERIAL. THE APPLICATION MUST BE APPROVED IF IT MEETS THE REQUIREMENTS OF THE ORDINANCE. THEN THEY MOVED ON IN PARAGRAPH 11 AS THEY'RE MAKING THEIR RULING. AND IN PARAGRAPH 11, THEY TELL US THAT PURSUANT TO OKLAHOMA STATUTE SECTION 43 DASH ONE 12, THE CITY'S REVIEW OF DEVELOPER SITE PLAN APPLICATION WAS CONFINED TO DETERMINING WHETHER THE PLAN MET THE CONDITIONS AND STANDARDS OF THE PUD IN ALL APPLICABLE ZONING ORDINANCES. [01:50:02] FOR THAT REASON, IF DEVELOPER SITE PLAN MET OR EXCEEDED THE REQUIREMENTS OF THE PUD IN APPLICABLE ORDINANCES, THE CITY'S REVIEW SHALL BE DEEMED MINISTERIAL. THERE HAS BEEN NO EVIDENCE PRESENTED BY YOUR STAFF BY ANY ONE OBJECTIVE THAT EVERY PROVISION OF THIS SITE PLAN DOES NOT CONFORM 100% TO EVERY RULE. THE CITY INVESTMENT HAS EITHER THROUGH THE ORDINANCES OR THE PUD. ALL THE DEVELOPER DEVELOPER CAN BE ASKED TO DO IS TO MEET THE RULES PRESCRIBED BY THE CITY. MR. TAP HAS DONE THAT HERE. AND WE'D ASK WHAT TYPE PLAN ARE THE, IS IS THE COURT REFERRING TO MR. BOX? I'M SORRY, WHAT SITE PLAN IS THE COURT REFERRING TO? IT WAS THE SITE PLAN IN 2015. OKAY. WHICH IS IDENTICAL TO THE SITE PLAN BEFORE YOU IN EVERY RESPECT EXCEPT FOR COLOR. MR. BRIAN, IS THIS SITE PLAN THE SAME AS THE 2015? SO THE QUESTION ABOUT WHETHER THIS EXACT EXIST, IS THE SITE PLAN THE SAME OR NOT? IT IT'S NOT IDENTICAL. WE'VE TALKED ABOUT THE, CERTAINLY THE COLOR OF THE BUILDING, SOME OF THE ARCHITECTURAL DETAILS. UM, THE, WE'VE CHANGED OUR LANDSCAPING CODE SINCE THEN, I BELIEVE. SO THE, THE WAY THAT THE TERMINAL ISLANDS AND SOME OF THE INTERIOR LANDSCAPING WORK ARE NOT, I MEAN, THEY'RE STILL IN COMPLIANCE, BUT THEY'RE NOT EXACTLY IDENTICAL. THANK YOU, MR. BRIAN. WILL ONE FOLLOW UP ON THAT? DOES THAT MEAN OUR LANDSCAPING REQUIREMENTS ARE GREATER AND THEREFORE THEY'VE MET THOSE GREATER REQUIREMENTS? YES, SIR. THANK YOU. COUNSEL COMMENTS? OTHER QUESTIONS? I HAVE SOME COMMENTS. MR. MAYOR. UH, MR. MCINNIS, THANK YOU FOR THE, FIRST OF ALL, TELL YOUR MOTHER HAPPY BIRTHDAY. UH, I APPRECIATE THE TONE OF THIS MEETING COMPARED TO THE PLANNING COMMISSION. THANK YOU. UH, WE KEEP GOING BACK TO 1990. I DIDN'T WEAR BIFOCALS. I WAS ABOUT A HALF INCH TALLER AND I COULD SIT STILL FOR MORE THAN TWO HOURS AT A TIME. SO THAT WAS A LONG TIME AGO THAT WE STARTED THIS. UH, THERE'S BEEN A LOT OF EMOTIONS. I THINK IT WAS ASHLEY, I DIDN'T CATCH HER LAST NAME. SHE MENTIONED THERE WAS SOME ONLINE PETITION THAT HAD 850 SIGNATURES. I DON'T KNOW ANYTHING ABOUT THAT. UH, I HAVE A HARD ENOUGH TIME MAKING THE LITTLE SMILEY FACE WITH A COLON AND A PERIOD. SO THE SOCIAL MEDIA PART OF IT, I DON'T PAY ATTENTION TO. IT'S NOT IMPORTANT AND IT'S NOT APPLICABLE TO THIS PROCESS. SO I DO APPRECIATE CITIZEN INVOLVEMENT. I APPRECIATE THEIR COMMENTS. AND FOR THOSE THAT HAVE EMAILED ME, I'VE TRIED TO GET BACK WITH YOU. MOST OF YOU, I KNOW I FAILED THAT TODAY. THERE WERE SEVERAL THAT I DIDN'T GET A CHANCE TO RESPOND TO, SO I APOLOGIZE FOR THAT. BUT I DO APPRECIATE YOUR INPUT. UH, I WANT TO TALK ABOUT THE VISUAL COMPAT, THE, THE REVIEW CRITERIA 20 2D FOUR, VISUAL COMPATIBILITY OF HEIGHT AREA, YARDS AND OVERALL MASS, AS WELL AS PARTS OF ANY STRUCTURE OR ATTENDANT FACILITIES WITHIN THE CHARACTER AND DEVELOPMENT OF THE SURROUNDING AREA. AND THEN I WANNA TALK ABOUT THE PUD SECTION 12 COMPLIANCE WITH PUD, MASTER PLAN DESIGN AND REQUESTED VARIANCE. THIS BUILDING IS LARGER THAN THE BUILDING OF THE PREVIOUS SITE PLAN. THE OVERALL HEIGHT OF THE STRUCTURE, THE FACADE CHANGE FROM RED BROWN BRICK TO GRAY MASONRY, THAT NOW LOOKS LIKE A SAVINGS AND LOAN FROM 1990 OR 1970. AND THE FLAT ROOF VERSUS PITCHED ARE ALL ISSUES OF COMPATIBILITY. THIS DOES NOT MATCH THE CHARACTER OF THE SURROUNDING AREA. THE, THE PUD STATES IN PARAGRAPH 12. THE CONCEPT IS TO DEVELOP THIS TRACK IN A MANNER AND ARCHITECTURAL STYLE CONSISTENT WITH THE SURROUNDING AREA. THIS REQUIREMENT OF THE PUD IS MORE RESTRICTIVE THAN THE REVIEW CRITERIA IN 22. CONSISTENCY IS DEFINED AS QUOTE, ACTING OR DONE IN THE SAME WAY. NO PITCHED ROOF AND GRAY MASONRY AS OPPOSED TO BRICK CLEARLY ARE NOT CONSISTENT WITH THE SURROUNDING AREA. NOW, ARGUE ARGUMENTS CAN BE MADE THAT GOOD GOVERNANCE, YOU CAN WALK TO YOUR LOCAL GROCERY STORE. ALL OF THOSE THINGS ARE IMPORTANT. BUT THESE THINGS THAT I JUST READ ARE IMPORTANT. [01:55:02] AND MOST OF ALL, I WAS TOLD THAT WHEN WALMART CEASED THEIR BRICK AND MORTAR, OPERAT BUILDING KNEW BUILDINGS, BRICK AND MORTAR BUILDINGS AND FOCUSING ON ONLINE AND OTHER WAYS OF DOING BUSINESS, THAT WHEN THEY CAME BACK, THAT THIS WAS THE FIRST CORNER IN 50 STATES, THAT THEY DECIDED TO BUILD THE VERY CORNER AFTER A MULTI-YEAR HALT ON BUILDING BRICK AND MORTAR STRUCTURES. WHEN, WHEN THEIR EXECUTIVE TEAM IN BENTONVILLE GOT TOGETHER SAID, WE WANT TO GO TO COLTRANE AND COVE IN EDMOND, OKLAHOMA. THAT'S GOING TO BE OUR FIRST ONE. WHO TOLD YOU THAT YOU DID MR. TAP? WHO DID SHE SIT AROUND? YOU DID IN THE MEETING YOU ASKED TO HAVE WITH ME. AND IF YOU DISPUTE THAT, THERE WERE OTHER PEOPLE IN THE ROOM THAT KNOW IT. AND SO THIS IS THE FIRST CORNER THEY DECIDED TO GO TO. AND THIS IS THE BEST THEY GOT. AS I SAID MANY YEARS AGO. YOU CAN DO BETTER. THEY CAN DO BETTER. AND THEY'RE NOT. NOW IN MY CONVERSATION WITH THE APPLICANT, WE HAD A VERY CORDIAL CHAT. I ASK ONE QUESTION. I BELIEVE THE MEETING LASTED 30, 40 MINUTES. I LEARNED SOME THINGS, OTHER THINGS I'D HEARD IN THE PAST. AND I APPRECIATE YOUR EFFORTS IN EDMOND. I DO, I DON'T PRETTY, I DON'T VALUE THIS PARTICULAR ITEM, BUT I DON'T HAVE THAT OPTION. I'VE GOTTA BASE IT ON WHAT THE REVIEW CRITERIA AND THE P-U-D-P-U-D DESIGN MASTER PLAN. THAT'S WHAT I'M DOING. BUT MOST OF ALL, I'VE BEEN TOLD THAT I DON'T HAVE A CHOICE. WELL, I DO HAVE A CHOICE. I CAN VOTE YES, I CAN VOTE NO OR I CAN ABSTAIN. SO THAT'S THE VERY DEFINITION OF CHOICE. BUT WHAT I REALLY DON'T NEED IS A COMPANY HEADQUARTERED IN ARKANSAS, LISTED ON THE NEW YORK STOCK EXCHANGE TO COME IN HERE AND TELL ME AS A WARD TWO CITY COUNCILMAN FOR THE CITY OF EDMOND, THAT I DON'T HAVE A CHOICE AND THAT THEY KNOW BETTER THAN I DO ON HOW TO REPRESENT THE PEOPLE OF EDMOND. I'VE WRESTLED WITH THIS FOR YEARS. I'VE BEEN FLOODED WITH CITIZENS' COMMENTS ON BOTH SIDES OF THIS FOR THE LAST FEW WEEKS, AND I'VE MADE A DECISION TO TONIGHT AND I'LL BE VOTING. NO, THANK YOU, MAYOR. THANK YOU. ANYONE ELSE? JUST, JUST A FEW THINGS. I I'M GLAD FOR THE COMMENTS AND ESPECIALLY SOME OF 'EM, I MEAN, AND MR. BOX FOR, FOR BRINGING UP. I THINK WE'VE, UH, WE'RE TRYING TO IGNORE THE WHITE ELEPHANT IN ROOM. A COUPLE COMMENTS. WE APPRECIATE THE REMINDER OF FIDUCIARY DUTIES. IF YOU LOOK ON COUNCIL VALUES AND DUTIES, ONE OF THOSE IS TO BE A GOOD STEWARD WITH CITY ASSETS AND MONIES. I CAN'T HELP BUT LOOK AT THIS. AND ALMOST EVERY QUESTION THAT PEOPLE HAVE RAISED TONIGHT WAS ASKED AND ANSWERED IN DETAIL AT THE, AT THE TRIAL COURT LEVEL, PAINSTAKINGLY AT THE APPELLATE LEVEL IN A DE NOVO DECISION, WHICH MEANS THEY RETRIED IT. THEY DIDN'T JUST SAY, THIS IS WHAT THE TRIAL COURT SAID OR DIDN'T. THEY WENT THROUGH THE ISSUES. PAINFULLY WE CAN ARGUE THAT THIS IS A DIFFERENT SITE PLAN. IT'S MY OPINION FROM A LEGAL STANDPOINT, THIS IS THE SAME APPLICANT, THE SAME SITE PLAN, THE SAME PRINCIPLES APPLY. I CAN SIT HERE AND WISH FOR SOMETHING BETTER. I CAN SIT HERE AND SAY, WALMART IS NOT MY NUMBER ONE DESIRE FOR THAT CORNER. I CAN SAY A GROCERY STORE SHOULDN'T GO [02:00:01] THERE. BUT YOU KNOW WHAT? THAT SHIP SAILED. WHEN DID IT SAIL? IT SAILED IN 1990. AND YEAH, WE CAN SAY IT SHOULD HAVE BEEN CHANGED. COULD HAVE BEEN CHANGED. IT WAS LATE BEING CHANGED. IT SHOULD HAVE FLIPPED BACK. THE SHOULD HAVE, WOULD'VE COULD IS. I MEAN THAT THERE, THERE'S A WHOLE LOT OF THOSE IN THIS WHOLE DEAL. IT'S PRETTY SIMPLE. WHEN WE BOIL IT DOWN TO THE NUTS AND BOLTS, IN MY OPINION, AND I CAN'T HELP BUT LOOK AT, 'CAUSE I DO THIS ON A DAILY BASIS. I LOOK AT LITIGATION, I EVALUATE LITIGATION, I ADD INPUT TO LITIGATION AND, AND YEAH, YOU CAN LITIGATE ANYTHING. KEEP IN MIND EVERYTHING HAS A COST REWARD FACTOR TO IT. AND IF YOU'RE GONNA TEE SOMETHING UP THAT HAS BEEN DECIDED, HAS BEEN DETERMINED, AND YES, IT DOES MAKE YOU ANGRY TO SAY THAT THIS IS MINISTERIAL. YEAH, YOU, YOU CAN DO ANYTHING YOU WANT. YOU CAN MAKE ANY DECISION YOU WANT. WHEN MY KIDS WERE LITTLE, THE ANALOGY THAT COMES TO MIND, THEY COULD DO ANYTHING THEY WANT NO MATTER WHAT I TOLD THEM. BUT THERE WERE CONSEQUENCES ATTACHED TO THAT. AND THERE WILL BE CONSEQUENCES ATTACHED TO THIS, ALL OF WHICH IMPACT CITY MONEY. THE ONLY THING WE DON'T KNOW IS HOW MUCH. SO THERE'S A LOT OF THINGS I WISH WERE DIFFERENT ABOUT THIS. I CAN SAY I DON'T LIKE, I DON'T WANT THE APPLICANT, THE OCCUPANT, THE APPLICANT'S FINE. I LOVE AN EDMOND BOY DEVELOPING AN EDMOND. SO WHEN WE LOOK AT ALL OF THESE ISSUES, IT'S HARD, IT'S HARD TO COME TO A CONCLUSION THAT'S BEST FOR THE PEOPLE. AND I, I, I FEEL, AND I HURT FOR THE PEOPLE IN ASHFORD OAKS, BUT THAT'S NOT WHAT THE DECISION ULTIMATELY IS BASED ON DOES THIS SITE PLAN COMPLY WITH THE PUD AND THE ORDINANCE FROM WHICH IT WAS CREATED? WE'VE HEARD FROM STAFF EXPERTS IN EACH AND EVERY DEPARTMENT THAT SAY IT DOES. I'VE ASKED REPEATEDLY. I WAKE UP IN THE MORNINGS, SOMEBODY TELL ME WHERE IT DOES NOT COMPLY. THAT'S THE DECISION. AND SO I APPRECIATE EVERYBODY'S INPUT AND THEIR QUESTIONS AND THE CIVILITY, THE TONE IN WHICH IT WAS DELIVERED. UM, BUT THIS IS PRETTY CLEAR. THAT'S WHY I WILL BE VOTING. YES. OTHER COMMENTS? UM, I, I APPRECIATE THAT THERE ARE MANY CHAIRS FULL HERE TONIGHT AND I, UM, I'D HOPE WE HAVE CITY COUNCIL MEETINGS WHERE CITIZENS ARE HERE TO LISTEN AND TO WITNESS, UM, CITY GOVERNMENT AT WORK. I'M COMMITTED TO DOING PUBLIC BUSINESS IN PUBLIC, AND SO I APPRECIATE YOU BEING HERE. UM, I ALSO WAS FLOODED WITH EMAILS AND I TRIED TO RESPOND TO EVERYONE AND TO READ EVERYONE. UM, AND IT TAKES A LITTLE, IT TAKES TIME AND IT TAKES COURAGE AND IT TAKES THOUGHT TO PUT YOUR, UM, PUT YOUR OPINION OR YOUR EXPERIENCE DOWN AND SEND IT TO SOMEONE. AND I APPRECIATE, UH, YOU DOING THAT. UM, I'M, I'M WILLING TO MEET WITH CITIZENS AND I LIKE MEETING CITIZENS, WHETHER THAT BE, UM, AN APPLICANT OR SOMEONE WHO WANTS TO SHARE THEIR THOUGHTS ABOUT AN AGENDA ITEM. I DO MAKE MYSELF AVAILABLE AND I'M COMMITTED TO DOING THAT. UM, AND THERE ARE SEVERAL EXTERNAL FACTORS THAT WERE TALKED ABOUT TODAY. DIFFERENT INTERSECTIONS, DIFFERENT STORES. UM, AND THAT IS NOT WHAT I'M BASING MY DECISION OFF OF. I AM LOOKING AT THE, THE SITE PLAN, WHICH IS NOT, IT'S NOT IDENTICAL TO THE LAST ONE. UM, AND THE APPEAL, THERE WAS A DISTINCT, THERE WAS A IMPORTANT WORD THAT'S VIRTUALLY IDENTICAL. VIRTUALLY IDENTICAL, IS NOT IDENTICAL. UM, SO THERE ARE SOME CONCERNS I HAVE WITH HOW THE SITE PLAN RELATES TO THE POD. UM, I HAVE CONCERNS ABOUT, UM, THE ARCHITECTURAL STYLE AND THE COLOR AND HOW IT, UH, HOW IT RELATES TO THE, THE AREA SURROUNDING. I ALSO, UH, THE SIZE, THE OVERALL MASS OF THIS [02:05:01] DEVELOPMENT, UM, HAS INCREASED FROM THE LIGHT, THE LAST, UM, THE LAST PLAN THAT WAS LITIGATED. UM, SO THAT IS WHAT I'M BASING MY DECISION OFF OF. AND UM, THAT IS WHAT I FEEL IS MY DUTY IS TO LOOK AT THE FACTS THAT ARE IN FRONT OF ME. AND, UM, SO I'LL BE VOTING, NO THANK YOU. I'M ALSO A NO, I'LL JUST TELL YOU UP FRONT, I LOVE WALMART. MY FAMILY GOES THERE LIKE FIVE TIMES MORE A WEEK THAN I WOULD PREFER. UM, I, I LIKE WALMART. I'M VERY PRO-DEVELOPMENT ACTUALLY. AND I THINK WE NEED TO BE ACCELERATING THINGS THAT, THAT BOOST OUR CITY'S SALES TAX. UM, AND, AND TO BE, TO MAKE OUR PROCESSES MORE BUSINESS FRIENDLY. I'VE BEEN PUSHING FOR THAT IN MY SHORT TIME HERE ALREADY. UM, I'M DISAPPOINTED IN THE APPROACH HERE. I WOULD NOT UNTIL A COUPLE DAYS AGO CALL IT COLLABORATIVE AND I'M DISAPPOINTED IN THAT. I THINK WE'VE BEEN STIFF FARMING SOME OF THE BIG CONCERNS THAT, AND THAT COULD HAVE BEEN RESOLVED. WE COULD HAVE WORKED SOME OF THOSE OUT PRIOR TO THIS. UM, I SHARE THE CONCERNS ON MASS, OUR ARCHITECTURAL CONSISTENCY, AND THAT'S MY JUDGMENT IN ACCORDANCE WITH PUD SECTION 12 AND SITE PLAN REVIEW CRITERIA 22 3 5 D FOUR SIMILAR TO MR. MOORE. UM, SO I DON'T BELIEVE THIS SITE PLAN MEETS THE REQUIREMENTS AND I'LL BE VOTING. NO THANK YOU. SO HERE WE ARE AND I GUESS I'M THE ONLY ONE WHO HAS NOT WEIGHED IN YET ON THIS. I SPENT ALL WEEKEND REVIEWING ALL OF THIS INFORMATION, EVERYTHING THAT I RECEIVED FROM CITY STAFF. UH, WHEN I GOT FROM A MEETING WITH THE DEVELOPER, I'VE REVIEWED IT. I PRINTED OUT THE SECTION OF CITY CODE THAT WE'RE SUPPOSED TO BE USING TO REVIEW SITE PLANS. AND I'M GONNA MAKE A STATEMENT HERE THAT I DON'T THINK HAS BEEN MADE IN A CITY COUNCIL MEETING BEFORE IN ONE OF THESE CONTENTIOUS ISSUES. AND TITLE 22.3 0.5 D TWO SAYS COMPLIANCE WITH OTHER APPLICABLE CITY REGULATIONS. AND I TRULY DO BELIEVE THAT THAT MEANS THAT THIS COUNCIL IS SUPPOSED TO BE LOOKING AT WHAT'S IN FRONT OF THEM AND IF THERE IS AN ISSUE, IT NEEDS TO BE BROUGHT UP. AND WHEN YOU LOOK AT THIS DRAWING, YOU SEE THIS UN PLATTED GREEN BELT AREA ON THE NORTH SIDE THAT I HAVE NO UNDERSTANDING OF WHAT THE LEGAL OBLIGATION OF THAT IS. THAT WAS NOT GRANTED AS PART OF THE GREEN BELT TO THE HOA BACK IN 1990. IT WAS PROMISED TO 'EM, BUT IT WASN'T GIVEN TO 'EM. AND YET WE'RE SHOWING IT ON THIS DRAWING. BUT WHAT THAT DID IS IT CAUSED ME TO LOOK AT THE REST OF THIS DRAWING. AND THE FIRST THING I SEE IS A DRIVEWAY IN A FLOODPLAIN. AND IT'S MY UNDERSTANDING THAT THAT WOULD REQUIRE A VARIANCE FROM SWAB. AND THEN I SEE A DRIVEWAY ON COVEL. AND LO AND BEHOLD, PEOPLE WANT TO TALK ABOUT THE 2006 TRANSPORTATION MASTER PLAN. WELL, THE REAL ISSUE HERE IS NOT THE MASTER PLAN AND WHAT IT IS SAYING, BUT WHAT THE DEVELOPMENT GUIDELINES THAT WERE IN THAT PLAN AND WHAT WAS FOLDED INTO EDMUND SHIFT. AND IT SITS IN TITLE 21 AND IS REFERENCED ELSEWHERE IN THE ORDINANCE, WHICH MAKES IT APPLICABLE WITHOUT GETTING INTO THE AMOUNT OF TRAFFIC, THE TRAFFIC ISSUES. AND THAT'S, THERE IS A SECTION OF, OF OUR CITY CODE THAT SAYS, ON A MAJOR ARTERIAL, WE SHOULD HAVE NO MORE THAN 12 TO 15 DRIVEWAYS OR UNSIGNED INTERSECTIONS IN A ONE MILE STRETCH OF THAT MAJOR ARTERIAL. AND THERE ARE ALREADY 20 FROM BRYANT TO COLTRANE. SO WHEN YOU LOOK AT THOSE ISSUES, YOU GOTTA COME UP WITH A VARIANCE SOMEWHERE TO SOLVE THE PROBLEM. AND JUST TO SAY YOU DON'T HAVE A VARIANCE, DOESN'T MEAN THERE'S NOT AN ISSUE. THE CITY ENGINEER SAID THERE WERE THINGS THAT HAD TO BE RESOLVED. IT IS DISINGENUOUS TO COME IN HERE KNOWING THAT THERE ARE ISSUES THAT YOU DON'T HAVE ANSWERS TO THAT HAVE NOT BEEN RE, RE REVIEWED YET, THAT YOU DON'T HAVE AN ANSWER FOR. WE CAN'T OPERATE THAT WAY. AND THE TRUTH IS, THIS CITY COUNCIL, IN MY OPINION, NEEDS TO [02:10:01] DO WHAT NUMBER TWO SAYS. AND THAT'S LOOK AT APPLICABLE CITY REGULATIONS. IT DOESN'T MEAN YOU JUST THROW IT OVER THE WALL AND WAIT FOR FOR THE PLAT. THAT'S RIDICULOUS. ALL THAT DOES IS COST A DEVELOPER MORE MONEY. IF YOU SAY NO, THEN YOU KNOW THERE ARE OTHER ISSUES AS YOU GO THROUGH IT. AND YOU'VE HEARD SEVERAL OF THEM, UM, , YOU KNOW, WE'VE TALKED ABOUT SEVERAL PEOPLE GOT UP, GOT UP, AND I THINK ONLY ONE WOUND UP TALKING ABOUT THE TREE ISSUE. UM, THE WAY I READ THAT TREE RESOURCE ASSESSMENT CODE IS IT, IT LITERALLY STATES WHAT MUST BE INCLUDED IN IT. AND THERE WAS NO STATEMENT ABOUT WHAT WAS GOING TO BE DONE WITH THE REMNANT FOREST. IT WAS ABSENT. AND THAT IS THE INTENT OF THAT SECTION IS TO MAKE SURE THAT WE KNOW WHAT WE'RE DOING TO THE REMNANT FOREST. SO THAT'S GREAT THAT YOU SHOW US PICTURES AND IDENTIFY THE TREES, BUT THEN JUST SAY, GREAT, THERE THEY ARE. YOU NEED TO BE SAYING YES, WE'RE GONNA KEEP 'EM. NO, WE'RE NOT. AND ON TOP OF THAT, IT ACTUALLY SAYS THAT YOU HAVE TO LOOK AT THE TREES WITHIN AND ADJACENT TO THE PROJECT. AND THAT ASSESSMENT THAT WAS DELIVERED TO CITY STAFF WAS ABSENT OF ANYTHING BUT WHAT WAS ON THEIR PROPERTY. SO NOW LET ME TAKE A STEP BACK FROM ALL OF THIS AND SAY, WE MUST REMEMBER THAT WHAT STAFF DOES IS A RECOMMENDATION. THEY'RE NOT THE FINAL AUTHORITY. THEY DO NOT HAVE THE FINAL WORD IN THIS. THEY RECOMMEND AND WE DECIDE. SO WITH THAT, UNLESS ANYONE HAS ANY OTHER COMMENTS, I WOULD CALL FOR A MOTION. SO MOVED. MR. MAYOR, I HAVE A MOTION. SECOND AND A SECOND. CAST YOUR VOTE. VOTING ON, WE ARE VOTING ON THE PASSAGE OF SITE PLAN DESCRIBED IN 10 B. SO YOU'RE VOTING YES IF YOU WANT IT. WANT TO OVERTURN PLANNING, COMMISSION, VOTING NO. IF YOU WANT TO UPHOLD THERE BY DENYING MOTION FAILS FOUR TO ONE. THANK YOU. THANK YOU. CITIZEN COMMENTS. WHERE'S MY, WE HAVE NO CITIZEN COMMENTS TONIGHT. THANK [12. Comments from the Mayor and Members of the City Council.] YOU. ANY ANY COMMENTS FROM COUNSEL TONIGHT? THANK YOU. I HAVE, I WANNA START TONIGHT. I ALWAYS GIVE YOU ALL THE OPPORTUNITY. I'M GONNA START TONIGHT AND I JUST WANNA SAY ONE THING. I WANNA THANK EVERYBODY THAT WAS HERE TONIGHT FOR THE WAY YOU BEHAVED. THERE HAVE BEEN SO MANY TIMES THAT WE HAVE HAD SOME PRETTY OUTRAGEOUS MEETINGS AND I JUST APPRECIATE THE CITIZENS OF EDMUND. THANK YOU VERY MUCH. ANY OTHER COMMENTS? SEE NONE. 13. I'M TAKE A MOTION TO ADJOURN. THERE'S SOMEBODY RAISE YOUR HAND. THERE'S NO COMMENT. SHE DO. YOU HAVE TO SIGN UP FOR IT. I WOULD ENTERTAIN A MOTION TO ADJOURN. SO MOVED. SO MOVED. SECOND AND A SECOND. CAST YOUR VOTE. WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.