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[00:00:06]

>> WELCOME EVERYONE TO THE APRIL 3RD PLANNING AND ZONING COMMISSION MEETING.

[1. Call to Order, Roll Call, and Establishment of Quorum.]

WE WILL OPEN AT 7:01.

WE ARE MISSING COMMISSIONER WENZEL.

QUORUM HAS BEEN ESTABLISHED.

PLEASE STAND FOR THE INVOCATION AND PLEDGE OF ALLEGIANCE. COMMISSIONER HOGAN.

>> SHALL WE PRAY? OUR FATHER GOD, WE JUST THANK YOU FOR THIS BEAUTIFUL DAY TODAY.

WE JUST THANK YOU FOR THIS SEASON THAT WE CELEBRATE THE RESURRECTION OF YOUR SON, JESUS CHRIST.

WE THANK YOU LORD FOR THAT EVENT AND HOW IT'S CHANGED OUR WORLD FOREVER MORE.

FATHER GOD, WE JUST THANK YOU FOR THE LEADERS OF THIS COMMUNITY.

WE THANK YOU FOR EVERY PERSON REPRESENTED HERE TONIGHT.

WE PRAY FATHER THAT YOU GUIDE AND DIRECT US IN EVERYTHING WE SAY AND DO, AND WE'LL GIVE YOU THE HONOR AND THE GLORY.

WE ASK THESE THINGS IN YOUR NAME. AMEN.

>> AMEN.

>>

>> THANK YOU. AT THIS TIME, ANY PERSON MAY ADDRESS THE PLANNING AND ZONING COMMISSION REGARDING AN ITEM ON THIS MEETING AGENDA THAT IS NOT SCHEDULED FOR PUBLIC HEARING.

ALSO AT THIS TIME, ANY PERSON MAY ADDRESS THE COMMISSION REGARDING AN ITEM THAT IS NOT ON THIS MEETING AGENDA.

EACH PERSON WILL BE ALLOWED UP TO THREE MINUTES TO SPEAK.

NO DISCUSSION OR ACTION MAY BE TAKEN AT THIS TIME ON ITEMS NOT LISTED ON THIS AGENDA, OTHER THAN TO MAKE STATEMENTS OF SPECIFIC FACTUAL INFORMATION IN RESPONSE TO A CITIZEN'S INQUIRY OR TO RECITE EXISTING POLICY IN RESPONSE TO THE INQUIRY.

DOES STAFF HAVE ANY SPEAKER CARDS TO BE READ? I WILL NOW CLOSE ITEM 3 AND MOVE ON TO THE CONSENT ITEMS.

[Consent Items]

DOES ANY COMMISSIONER WISH TO PULL AN ITEM FROM THE CONSENT AGENDA? NO. IS THERE A MOTION TO APPROVE ITEMS 5 THROUGH 15?

>> [BACKGROUND].

>> I HAVE A MOTION FROM COMMISSIONER HOGAN.

I WILL SECOND.

ALL IN FAVOR. COMMISSIONER MARTIN?

>> YES.

>> COMMISSIONER LAMEK.

>> YES.

>>COMMISSIONER HOGAN.

>> YES.

>> COMMISSIONER HERMANN?

>> YES.

>> COMMISSIONER CLEMENT.

>> YES.

>> AND MYSELF, MOTION PASSES.

UNANIMOUS. THAT TAKES US TO ITEM NUMBER 16,

[Items for Individual Consideration]

ITEMS FOR INDIVIDUAL CONSIDERATION.

CONDUCT A PUBLIC HEARING, CONSIDER DISGUST ACTION ON AN AMENDMENT TO UPHOLD, AMEND, SUPPLEMENT, CHANGE, MODIFY, OR REPEAL A SPECIFIC USE PERMIT GRANTED UNDER ORDINANCE 1014-2022 TO ALLOW A METERING STATION ON ONE LOT ON 0.6 ACRES LOCATED ON THE NORTH SIDE OF FUTURE ROSENHAN PARKWAY, 995 FEET WEST OF COUNTY ROAD 368A, ZONED PLANNED DEVELOPMENT ORDINANCE NUMBER 932-2021. MS. MICKEY.

>> THE ITEM BEFORE YOU IS A BIT UNUSUAL AS IT WAS CALLED BY CITY COUNCIL AND STAFF HAS THREE RECOMMENDATIONS FOR YOU.

YOU CAN EITHER UPHOLD THE SUP THAT WAS ADOPTED.

YOU CAN SUPPLEMENT, CHANGE OR MODIFY THE SUP OR YOU CAN RECOMMEND TO REPEAL THE SUP.

AFTER THIS MEETING, IT WILL GO TO CITY COUNCIL FOR FINAL APPROVAL OF YOUR DECISION OR THEY COULD GO AGAINST YOUR DECISION.

THE ITEM WE'RE TALKING ABOUT IS THE SUP FOR A GAS METERING STATION ALONG FUTURE ROSAMOND, PARKWAY IN THE VILLAGES OF HURRICANE CREEK NORTH PHASE 1 SUBDIVISION.

THE PURPOSE OF AN SUP IS FOR A SPECIFIC USE TO BE REVIEWED ON AN INDIVIDUAL BASIS.

IT'S SOMETHING THAT CAN BE A GOOD USE.

IT JUST NEEDS TO BE LOOKED AT A LITTLE BIT MORE CLOSELY.

SOMETIMES THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL WILL NEED TO HAVE OTHER STIPULATIONS AS PART OF THE SUP.

THAT'S SOMETHING THAT YOU CAN ALWAYS RECOMMEND.

THE ITEM HAD AN APPROVED SITE PLAN AS SHOWN ON YOUR SCREEN.

ONE OF THE QUESTIONS THAT WE RECEIVED WAS ABOUT HOW CLOSE IT IS TO THE ROAD.

THE WAY THAT RIGHT-OF-WAY WORKS IS,

[00:05:01]

FOR ROSAMOND IT'S GOING TO BE 37' FROM THE CURB TO CURB, AND THEN YOU'LL HAVE 15' OF PARKWAY WHERE YOU HAVE YOUR SIDEWALK AND GRASS STRIP, THEN YOU HAVE THE PROPERTY LINE FROM THAT PROPERTY LINE, SETBACK 25' WHERE STRUCTURES, FENCES CAN NOT BE IN THE FRONT YARD.

FOR THIS PROPERTY, IT'S GOING TO BE A COMMON AREA A LOT, SO THEY'RE REQUIRED TO HAVE ONE TREE PER 40' WITHIN THE FRONT YARD SETBACK.

THEN AS SHOWN ON THE SITE PLAN, THERE'S A FOUR-FOOT BUFFER BETWEEN THAT FRONT YARD LINE AND WHERE THE SCREENING WALL THAT THEY PROPOSED IS GOING TO BE.

ANOTHER QUESTION WE RECEIVED IS HOW CLOSE IS IT TO THE FUTURE SCHOOL, LONG ROSAMOND PARKWAY.

AS THE CROW FLIES, IT'S A LITTLE OVER 3,700'.

IF YOU TAKE ROSAMOND, IT'S A LITTLE BIT CLOSER TO 4,000'.

THIS IS ONE OF THE SLIDES THAT ATMOS PROVIDED IN THEIR PREVIOUS PRESENTATION ABOUT THE ODORIZER.

AN ODORIZER IS PART OF A GAS METERING STATION WHENEVER THE TRANSMISSION LINE ISN'T ODORIZED, AND SO THAT WHAT THEY WERE SAYING WAS THAT THE ODORIZER WOULD BE FILLED ON A ROUTINE BASIS.

THAT IS THE END OF STAFF'S PRESENTATION.

WE RECEIVED SEVEN OPPOSITION LETTERS FOR SIX PROPERTIES AND THAT HAS BEEN GIVEN TO EACH OF YOU.

WE'RE HERE, AVAILABLE FOR QUESTIONS.

>> YOU SAID THE SCHOOL WAS ROUGHLY 4,000'.

>> 3,700 AS THE CROW FLIES, SO IN THE DIRECT LINE.

>> ON A ROADWAY?

>> ON THE ROADWAY IT'S ALMOST 4,000.

IT'S A LITTLE BIT LONGER JUST BECAUSE OF THE CURVE IN THE ROAD.

>> DO ANY COMMISSIONERS HAVE TECHNICAL QUESTIONS FOR STAFF? MR. NYLEC.

>> CLEAR SO FAR AS THE CONSTRUCTION ON THIS PROPERTY RIGHT NOW, MY UNDERSTANDING THAT THEY'VE ALREADY TURNED DIRT AND EVERYTHING RIGHT NOW, ARE THEY? WHERE ARE THEY?

>> I'M GOING TO HAVE TO REFER TO ON THAT ONE?

>> HI, INTERIM ASSISTANT CITY MANAGER, GREG PETER'S, COMMISSIONER LAMEK HAPPY TO ANSWER YOUR QUESTION.

ATMOS HAS PERFORMED SOME EARTHWORK WITHIN THEIR EASEMENT.

THEY HAVE AN EXISTING EASEMENT THAT THE TRANSMISSION LINE IS IN, AND THEY ARE ALLOWED TO PERFORM EARTHWORK WITHIN THE SCOPE AND LIMITS OF THAT EXISTING EASEMENT, SO THEY HAVE DONE WORK THERE WITHIN THAT EASEMENT.

THEY'VE ACCESSED THEIR EASEMENT, BUT THEY HAVE NOT CONSTRUCTED ANY OF THE PROPOSED IMPROVEMENTS THAT ARE INCLUDED WITHIN THE SCREEN WALL, WHICH IS LOCATED OUTSIDE OF THE EASEMENT, SO THEY HAVE NOT CONSTRUCTED ANY PORTION OF THE METERING STATION, OR THE ODORIZER, OR ANY OF THOSE COMPONENTS OF THE PROJECT.

THEY'VE SIMPLY EXCAVATED OUT TO GET TO THE TRANSMISSION LINE TO BASICALLY PUT A SADDLE ON A TAP AND AN ACCESS POINT THERE.

>> DO WE HAVE ANY FINANCIAL IMPACT ON THAT DOLLAR AMOUNT POSSIBLY THAT WE'RE LOOKING AT IT WE WERE OPPOSING THIS AND HAVING ASKING THEM TO MOVE IT? DOES IT HAVE ANY FINANCIAL IMPLICATIONS ON OUR END?

>> I DO NOT HAVE ANY INFORMATION SPECIFIC TO THE FINANCIALS FROM ATMOS'S POINT OF VIEW, FROM THE CITY'S POINT OF VIEW BECAUSE ATMOS IS A FRANCHISE UTILITY.

THIS IS SOMETHING THAT WOULD BE ON THEIR END.

THERE ARE NO SPECIFIC COSTS THAT I COULD DIRECT YOU TOWARDS THAT ARE SPECIFIC TO THE CITY AT THIS TIME.

>> YOU CAN SEE WHERE I'M GOING WITH THIS?

>> SURE. YES, SIR.

>> I'M JUST TRYING TO GET ALL THE FACTS ON THIS BECAUSE IF THEY'VE JUST TURNED IN DIRT IN MY MIND, THAT'S NOT A HIGH DOLLAR AMOUNT REALLY THAT I CAN THINK OF.

OBVIOUSLY ILLEGALS HERE.

I DON'T KNOW WHAT'S THE IMPLICATIONS OF THIS TOOK TO THE CITY EITHER.

IF WE WERE TO DO SOMETHING LIKE THIS AND ASK THEM TO MOVE IT IF WE'RE ON THE HOOK FOR SOMETHING OR NOT.

THAT'S IS WHAT I WAS ASKING. THANK YOU.

>> YES, SIR.

>> ANY OTHER QUESTIONS FOR STAFF? I WILL OPEN THE PUBLIC HEARING AT 7:10 PM, IS THE APPLICANT HERE?

>> THE CITY IS THE APPLICANT IN THIS ONE.

>> WELL, THAT'S INTERESTING.

>> WE DO HAVE REPRESENTATIVES FROM ATMOS.

IF YOU HAVE SPECIFIC QUESTIONS FOR THEM.

>> DO WE HAVE QUESTIONS FOR THEM? I HAVE A FEW [LAUGHTER] OF COURSE I DO.

[00:10:05]

>> GOOD EVENING, JOHN MANGANELLO, ENERGY MANAGER OF PUBLIC AFFAIRS.

WITH ME TONIGHT I HAD THE FAMILY FROM OUR MARKETING TEAM AS WELL.

>> DO YOU HAVE TO STORE THE MERCAPTAN ON SITE?

>> WE ARE RESEARCHING THAT NOW TO SEE IF THERE'S OTHER AVAILABLE OPTIONS.

AS IT IS RIGHT NOW, THAT LINE IS AN ODORIZED GAS.

IF WE TAP IT, WE HAVE TO ODORIZE A GAS TO DELIVER IT IN OUR DISTRIBUTION SYSTEM.

>> THAT I UNDERSTAND BUT DO YOU HAVE TO KEEP THAT CHEMICAL ON SITE?

>> THE CHEMICAL IS PART OF THE INJECTION.

STATION THAT YOU'RE ASKING ABOUT IN ORDER TO ODORIZE THE GAS THAT MERCAPTAN TANK HAS TO BE THERE.

>> SO THAT'S A YES?

>> AT THIS TIME THAT WOULD BE A YES.

LIKE I SAID, OUR TEAM IS RESEARCHING WHETHER WE CAN ODORIZE THIS WHOLE ENTIRE LINE BUT THERE'S END USERS.

THEY CURRENTLY DIDN'T WANT IT ODORIZED BECAUSE THEIR INDUSTRIAL CUSTOMERS THAT THE ODORIZATION AFFECTS THE PROCESSES.

WE'RE GOING BACK IN SEEING IF WE CAN ODORIZE THIS AT A DIFFERENT LOCATION.

BUT WE DON'T HAVE THAT ANSWER CURRENTLY.

>> WHAT TYPE OF CONTAINER?

>> WHAT'S THAT?

>> WHAT TYPE OF CONTAINER?

>> IT'S A DOUBLE WALL CONTAINER.

FULLY ENCLOSED DOUBLE WALL.

>> IS IT A BARREL?

>> LOOKS LIKE THAT.

IT MIGHT BE IN THE PICTURE THAT YOU WERE PROVIDED.

YOU CAN SEE IT LOOKS THAT DARK RED AREA WITH A LOT OF THE RED.

IT'S LIKE A BARREL BUT IT'S TURNED ON ITS SIDE AND IT'S TIED INTO THE PIPELINE WHERE IT RELEASES DEODORANT INTO THE PIPELINE.

>> WHICH TYPE OF MERCAPTAN IS THIS?

>> I DON'T HAVE THAT INFORMATION ON ME.

THAT WAS SHARED AT THE LAST COUNCIL MEETING.

YOU ALL HAVE THAT INFORMATION.

>> YEAH. THAT'S WHAT I LOOKED AT TODAY.

IT'S THE ISOPROPYL.

> IT MAY BE IN YOUR PACKET OF INFORMATION.

I THINK IT WAS THE MSDS SHEET THAT WAS PROVIDED.

>> IS THIS TYPE OF MERCAPTAN USED IN ALL KINDS OF GASES OR JUST NATURAL GASES TO ODORIZE IT?

>> FROM MY UNDERSTANDING IT'S USED IN ALL GAS INCLUDING PROPANE.

>> IF MY RESIDENTS USES PROPANE, THAT'S GOING TO HAVE MERCAPTAN IN IT?

>> THAT'S MY UNDERSTANDING.

>> OKAY. ANY OTHER QUESTIONS FOR HIM?

>> EXCUSE ME. AS I SEE THESE FACILITIES AROUND, NONE OF THEM ARE ENCLOSED IN A BUILDING.

IS THAT NOT A POSSIBILITY THAT THIS COULD BE ENCLOSED?

>> I DON'T BELIEVE YOU'D WIND AND CLOSE, BECAUSE IF THERE'S EVER A GAS, GAS IS LIGHTER THAN AIR, SO IT WOULD THIN UP INTO THE ATMOSPHERE.

IF YOU ENCLOSE IT YOU'RE LOCKING THAT GAS IN.

>> THE GAS IS GOING TO JUST BE RELEASED INTO THE AIR AND TO THE NEIGHBORHOOD?

>> IT'S LIGHTER THAN AIR SO IT GOES UP INTO THE ATMOSPHERE.

>> SO YOU WANT IT VENTILATED?

>> CORRECT.

>> SO BUILDING COULD BE VENTILATED. AM I RIGHT?

>> YES IT CAN, BUT SORRY.

>> I'M THINKING ABOUT THE NOISE FACTOR AS WELL.

THIS PRODUCE A CERTAIN AMOUNT OF NOISE AND IT COULD BE INSULATED SO THAT YOU DON'T HEAR THE NOISE.

>> SHOULD BE VERY MINIMAL NOISE AND THERE'S AN EIGHT FOOT WALL PROPOSED ON THIS ONE.

I WOULDN'T EXPECT THE NOISE TO BE ANY LOUDER THAN CURRENT CONDITIONS AND THIS IS NOT FAR FROM US 75 HIGHWAY.

I THINK IF YOU GO MEASURE THE NOISE OUT THERE NOW WITH THE HIGHWAY, YOU PROBABLY WOULDN'T NOTICE ANY NOISE FROM THE STATION.

>> THANK YOU.

>> YOU SAID THE MERCAPTAN WOULD GO INTO A PROPANE TANK.

DO YOU KNOW HOW MUCH THEY WOULD PUT INTO A PROPANE TANK TO ODORIZE IT?

>> I AM NOT FAMILIAR WITH PROPANE WELL ENOUGH TO ANSWER THAT QUESTION.

>> THANK YOU. HOW WILL SPILLS BE HANDLED?

>> OUR OPERATIONS TEAM WOULD BE OUT HERE.

IF THERE'S EVER A SPILL PEOPLE WOULD NOTICE THE SMELL.

THAT'S THE FIRST SIGN.

THEY CALL US, WE RESPOND IMMEDIATELY.

THAT'S PRIORITY CALL.

THE WHOLE REASON MERCAPTAN IS PUT IN NATURAL GAS,

[00:15:01]

NATURAL GAS IS ODORLESS, SO THE MERCAPTAN HELPS PEOPLE IDENTIFY WHEN THERE'S AN ABNORMAL SITUATION.

THAT'S THE INCLINATION TO CALL AND THAT'S WHEN WE COME OUT.

IN ANYTIME WE GET CALLS LIKE THAT, THAT'S AN EMERGENCY CALL IT GOES AT 24/7 A WEEK CUSTOMER CONTACT CENTER.

>> YOU HAVE A REMOTE SHUT-OFF?

>> THERE ARE REMOTE SHUT-OFF VALVES I BELIEVE, I'M NOT THE ENGINEER THAT DESIGNED THIS.

BUT I BELIEVE MOST OF OUR STATIONS HAVE REMOTE SHUT-OFF THAT WAY IF A CAR WHEREVER IT HIT IT, IT SHUTS OFF BELOW GROUND AND KEEPS THE GAS FROM VENDING IN THE AIR.

IN MOST NEWER RESIDENTIAL LINES HAVE THOSE AS WELL.

IF THERE'S EVER A HIT IN YOUR YARD LINE, THE VALVE KICKS IN AND STOPS THE FLOW OF GAS.

THAT'S A SAFETY MECHANISM.

>> HOW SECURE WILL THIS ENCLOSURE BE?

>> IT'S DESIGNED TO PROTECT OUR INFRASTRUCTURE.

I'M NOT SURE WHAT YOU MEAN BY HOW SECURE WOULD IT BE.

>> WELL, YOU'VE GOT YOUR WALLS AND THEN YOU HAVE TO HAVE AN ACCESS GATE.

WHAT'S THE GATE MADE OF?

>> THE GATE IS USUALLY WROUGHT IRON.

IT'S ON A RAIL THAT SLIDES, LIKE A REMOTE ACCESS GATES WHEN THE GUYS PULL UP THEY CAN PULL INTO THE YARD AND GET THEM OUT OF THE WAY OF TRAFFIC.

>> SO WAYWARD TEENAGERS ARE NOT GOING TO JUMP OVER THE WALL AND PLAY WITH THINGS, RIGHT?

>> I BELIEVE THIS WALL IS PROPOSED TO BE 8'.

MOST OF OUR WALLS ARE 6'.

EIGHT FOOT WALL IS TYPICALLY PRETTY CHALLENGING TO GET OVER.

LIKE I SAID, IN WORKING WITH YOUR PLANNING STAFF WE CAN DESIGN THE WALL WHATEVER THEY THINK WOULD BE BEST.

WE'RE HAPPY TO WORK WITH YOU ALL ON DESIGN.

>> CONSIDER 10'?

>> WHAT'S THAT?

>> CONSIDER 10'?

>> I DON'T SEE WHY NOT.

I'D HAVE TO TALK TO OUR TEAM IF THE CITY IS WILLING TO ALLOW THAT.

MOST CITIES DO THE OPPOSITE, SO I THINK THE HIGHER IT IS THE MORE SECURE IT IS, THE BETTER KEEPS SOUND IN IF THERE'S ANY SOUND ISSUES.

I WOULD THINK WE'D ENTERTAIN THAT IDEA, SURE.

>> WHAT SAFETY PRECAUTIONS ARE YOU GOING TO TAKE FOR THIS SPECIFIC LOCATION?

>> OUR GOAL IS TO BE THE SAFEST PROVIDER OF NATURAL GAS IN THE COUNTRY.

THAT IS OUR MAIN FOCUS IS SAFETY.

ANYTHING WE CAN DO, WE DO.

LIKE I SAID, IF RESIDENTS EVER SMELL ANYTHING, ALL THEY HAVE TO DO IS CALL AND SOMEONE IS OUT IMMEDIATELY.

THAT'S OUR HIGHEST PRIORITY CALLS.

IT JUST REMINDED ME ONE THING THAT WAS MENTIONED AT THE LAST MEETING, SOMEONE MENTIONED CRASHING THROUGH THE WALL.

WE COULD PUT BOLLARDS ON THE INTERIOR WHERE YOU DON'T SEE HIM BEHIND THE WALL.

THAT WAY IF SOMEONE WENT THROUGH YOU HAVE ANOTHER LINE OF SAFETY TO KEEP SOMEONE FROM GOING THROUGH.

I THINK IT'S SET RELATIVELY A DECENT SPACE OFF THE ROADWAY.

>> ONE OTHER QUESTION.

WHAT'S THE DISTANCE BETWEEN THE NEAREST RESIDENTS?

>> I THINK YOU-ALL HAVE THE SITE PLAN.

>> I KNOW. IT LOOKS LIKE 100' OR SO.

>> [OVERLAPPING] THIS PAGE 60.

>> I CAN'T SEE THAT FROM HERE.

>> IS THAT ABOUT RIGHT, 100'?

>> TWENTY.

>> TWENTY.

>> ONE HUNDRED AND TWENTY?

>> TWENTY. [OVERLAPPING]

>> TWENTY FEET?

>> YEAH.

>> TWO, ZERO.

>> FROM THE SCREENING WALL TO THE PROPERTY LINE OF THE EXISTING HOMES IS 20'.

BECAUSE THE SCREENING WALL IS GOING TO BE OVER THE 50' EASEMENT THAT ALREADY EXISTS.

>> BUT THAT'S NEAR THE PROPERTY LINE NOT THE ACTUAL RESIDENT, RIGHT?

>> CORRECT.

>> THE HOMES ARE PRETTY FAR BACK FROM THAT PROPERTY LINE. [OVERLAPPING]

>> WE DON'T HAVE A NUMBER?

>> I'M SORRY.

>> WE DON'T HAVE A DISTANCE TO THE RESIDENTS?

>> OF THE PRIVATE HOMES TO THEIR PROPERTY LINE?

>> RIGHT.

>> I DON'T HAVE A SPECIFIC NUMBER BUT IT'S WELL OVER 100' FROM THE SCREENING WALL.

>> IT'S LESS THAN 200, RIGHT?

>> I DON'T KNOW SPECIFICALLY I HAVE TO LOOK.

>> WERE THE THREE HOMES THAT WERE NOTIFIED ARE IN THE 200' RADIUS?

>> ONLY FOUR HOMES WERE NOTIFIED FROM THE 200' RADIUS OF THE SCREENING WALL.

>> LOOKING AT THIS MAP IT LOOKS LIKE IT'S GOING TO REALLY BE CLOSER TO THE HURRICANE CREEK HOMES AND IT IS TO THE RESIDENTS BACK THERE.

>> YEAH, THAT'S WHAT WE'RE LOOKING AT RIGHT HERE.

ARE THERE ANY OTHER QUESTIONS FOR THIS APPLICANT? NO? I DO HAVE SPEAKER CARDS. YOU WILL.

>> THANK YOU.

>> THANK YOU. EACH PERSON WILL HAVE THREE MINUTES.

[00:20:02]

WHEN THE TIMER GOES OFF, WRAP IT UP PRETTY QUICKLY, PLEASE.

THE FIRST SPEAKER WILL BE STUART BROWN.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> GOOD EVENING. MY NAME IS STUART BROWN.

MY ADDRESS IS 3027 CROSSING DRIVE.

MY HOUSE IS ONE OF THOSE THAT'S IN THAT 200 FOOT CIRCLE.

I WANT TO GET EVERYBODY BACK UP TO SPEED AS TO WHAT WE'VE BEEN DEALING WITH HERE OVER THE LAST 4, 5, 6 MONTHS.

ATMOS APPLIED FOR THIS SPECIFIC USE PERMIT TO PUT NOT JUST METERING STATION, A CHEMICAL INJECTION STATION IN MY BACKYARD.

THIS COMMITTEE HAD TWO FULL HEARINGS ON THIS ISSUE WITH THE ATMOS REPRESENTATIVES HERE AND ALMOST, AS YOU CAN SEE, MY ENTIRE NEIGHBORHOOD HERE.

AS YOU HAVE SEEN TONIGHT, ATMOS AT THE FIRST HEARING, CONTINUALLY SAID, I DON'T KNOW, I'LL GET THAT INFORMATION FOR YOU JUST LIKE THEY'RE DOING TONIGHT.

YOU GUYS DID YOUR JOB AND YOU RESET IT AND GAVE THEM A CHANCE ABOUT A MONTH LATER, COME BACK WITH SOME ANSWERS FOR US. OKAY, GUYS.

THEY CAME BACK AND THEY SAID, I DON'T KNOW, I DON'T KNOW.

NOW, THEY DID GIVE YOU ONE STRAIGHT ANSWER THAT ENTIRE SECOND HEARING.

THEY WERE ASKED DIRECTLY, CAN YOU PUT THIS ANYWHERE ON THE GAS LINE? THEY SAID YES AND IF YOU REMEMBER, HAD FIGURED OUT AT THAT TIME IT'S MILES AND MILES.

THE REASON WHY THEY WANT TO PUT IT HERE, BECAUSE THE DEVELOPER GAVE THEM THE LAND AND IT MAKES FINANCIAL SENSE FOR THEM.

THEY DON'T CARE THAT THEY'RE PUTTING A BOMB IN THE MIDDLE OF TWO NEIGHBORHOODS.

IF YOU HAVE A QUESTION ABOUT RESPONSE TIMES, MR. ASHLEY IS HERE. HE'S A FIREMAN.

HE'LL TELL YOU THE ANNA FIRE DEPARTMENT CANNOT RESPOND TO THIS IF THERE IS A FIRE, THEY CANNOT, THEY DO NOT HAVE THE ABILITY TO DO SO.

WE HAVE TO WAIT FOR HOWEVER LONG UNTIL PLANO OR MCKINNEY OR WHOEVER IT IS ACTUALLY CAN GET HERE TO DO IT.

AFTER YOU GUYS VOTED 6,0 TO DENY THEM, TELLING THEM PUT IT SOMEWHERE ELSE.

NOT RIGHT HERE, NOT RIGHT BY OUR FAMILIES, NOT RIGHT BY OUR BRAND NEW ELEMENTARY SCHOOL.

IT GOES UP TO THE CITY COUNCIL LESS THAN 24 HOURS LATER.

BY THE WAY, WE WEREN'T THERE.

WE DIDN'T REALIZE, WE THOUGHT IT WAS PUSHED TO THE NEXT MEETING, SO WE WERE NOT AT THAT HEARING.

UNFORTUNATELY, MR. PIKE MISCHARACTERIZED THE STATION AS A BASIC METERING STATION.

DO YOU THINK WE'D BE DOING ALL THIS? DO YOU THINK WE'VE HIRED AN EXPERT, PRETTY MUCH THE SMARTEST GAS EXPERT IN THE STATE OF TEXAS TO EXPLAIN THIS TO YOU ALL BECAUSE THEY CAN'T.

HE CAN AND HE EXPLAINED IT TO THE CITY COUNCIL AND THAT'S WHY THEY SAID, YOU KNOW WHAT? IN FACT, MR. CARVER ACTUALLY SAID SOMETHING VERY INTERESTING.

HE SAID, I DON'T LIKE THIS BAIT AND SWITCH, AND IT WILL BE REMEMBERED BY THE CITY COUNCIL TALKING ABOUT THEM.

THIS IS NOT JUST A METERING STATION, THIS IS A CHEMICAL INJECTION STATION AND IT'S DANGEROUS AND THEY DON'T ANSWER YOUR QUESTIONS BECAUSE THEY DON'T WANT TO.

I'M ASKING YOU GUYS TO MAKE THEM MOVE IT OUT LIKE YOU DID LAST TIME.

I'M ASKING YOU TO DO THE EXACT SAME THING YOU DID LAST TIME.

THE CITY COUNCIL, IN MY OPINION, WOULD HAVE KICKED THEM OUT IF THEY COULD HAVE.

BUT THEY CAN'T, THEY HAVE TO GO THROUGH PROCEDURE, SO THEY HAD TO SEND IT BACK HERE THE WAY THEY'RE DOING IT.

WHAT WILL HAPPEN IS YOU GUYS HOPEFULLY WILL DO THE EXACT SAME THING AGAIN AND VOTE SIX NOTHING.

IT WILL GO BACK TO THE CITY COUNCIL AND THEN THAT'S IT.

IT'S OVER. THEY CAN MOVE ON. THANK YOU.

>> THAT'S YOUR TIME. THANK YOU. NEXT IS JENNIFER RICHARDSON.

>> HI, JENNIFER RICHARDSON.

I LIVE AT 3027 CROSSING DRIVE.

I'M WITHIN THE 200 FEET OF THIS THING AS WELL.

WHAT MR. BROWN JUST SAID IS COMPLETELY ACCURATE.

WHAT ATMOS WAS TRYING TO DO IS BE COMPLETELY DISHONEST TO THE CITY, TO YOUR BOARD AND TO THE CITY COUNCIL.

WE PROVED THAT TO THE CITY COUNCIL AT THE LAST MEETING.

THAT'S WHY WE'RE BACK HERE AGAIN TODAY.

IF YOU'RE WITH ME, STAND UP.

BASICALLY EVERYONE HERE THAT'S NOT A MEMBER OF THE CITY COUNCIL OR MEMBER OF STAFF.

IT'S INTERESTING, YOU GUYS I TOOK DOWN SOME NOTES A SECOND AGO.

YOU ASKED, IS THERE GOING TO BE A REMOTE SHUT OFF? I DON'T KNOW.

ARE YOU KIDDING ME? YOU GUYS HAVE HEARD THIS TWICE.

CITY COUNCIL HAS HEARD THIS TWICE, AND NOW WE'RE HERE FOR OUR FIFTH TIME AND THEY STILL CAN'T ANSWER QUESTIONS.

IS THERE GOING TO BE A REMOTE SHUT OFF? I DON'T KNOW.

WHAT'S THE TYPE OF MERCAPTAN? I KNOW, I CAME PREPARED BECAUSE THEY TALKED ABOUT IT LAST TIME.

BUT THEY DON T KNOW, ATMOS DOESN'T KNOW WHAT THEY WERE TRYING TO PUT IN OUR NEIGHBORHOOD.

[00:25:01]

IT'S NOT TRUE. THEY KNOW EXACTLY WHAT'S GOING TO BE THERE, THEY DON'T WANT YOU TO KNOW.

THEY DON'T WANT TO ADMIT IT. LET ME SHOW YOU.

UNFORTUNATELY, THE SITUATION IS A LITTLE MORE CRUCIAL THAN WHAT WE PRESENTED TO YOU THE LAST TIME WE WERE HERE.

HERE'S WHERE THEY'RE PUTTING THIS THING.

HERE'S THE PROPOSED SCHOOL.

HERE'S MY HOUSE RIGHT HERE.

WHEN THEY WERE SAYING THAT IT'S GOING TO BE 200 FEET AWAY, NO.

THE BUILDER PLANS ON BUILDING A HOUSE, A BACKYARD RIGHT BEHIND THIS THING.

THE DISTANCE WAS GIVEN TO YOU IN FEET.

THIS IS RIGHT AT ABOUT HALF A MILE FROM THE ELEMENTARY SCHOOL.

THAT'S PLAN TO BE BUILT.

OTHER PIECES OF INFORMATION THAT YOU NEED TO KNOW, I ONLY HAVE THREE MINUTES.

HERE IS A BOARD THAT SHOWS YOU THE GAS LINE.

WHEN THEY TOLD YOU LAST TIME THAT IT CAN BE BUILT ANYWHERE ON THIS GAS LINE, THIS GAS LINE, HERE'S WHERE IT'S GOING TO BE BUILT RIGHT NOW.

THIS GAS LINE GOES ALL THE WAY TO WEST END, TO SELENA I MEAN, THIS THING CAN GO AND ANYBODY WHO'S DRIVEN DOWN FOR 55 KNOWS THAT'S ALL FARMLAND OUT THERE.

IF YOU GO ONLINE AND YOU LOOK UP ONE OF THESE METERING STATION OR CHEMICAL INJECTION STATIONS, YOU WILL NOT FIND A SINGLE PICTURE OF ONE OF THESE THINGS IN THE MIDDLE OF A NEIGHBORHOOD.

THEY'RE ALL OUT IN THE MIDDLE OF NOWHERE.

THEN THIS THING LEAKS, HERE'S THE EVACUATION AREA THAT HAS TO BE ABSOLUTELY EVACUATED IMMEDIATELY.

IT GOES THIS IS HIGHWAY 75.

HERE'S WHERE THE PROPOSAL IS.

IT GOES ALL THE WAY PAST HIGHWAY 5.

WE'VE ENCOMPASSED THE MIDDLE SCHOOL, THE HIGH SCHOOL, THIS NEW SCHOOL, ALL THE WAY DOWN PAST BROOKSHIRES, THE ELEMENTARY SCHOOL THAT'S DOWN HERE OFF OF 455.

EVERYBODY HAS TO BE IMMEDIATELY EVACUATED.

>> THAT'S YOUR TIME. THANK YOU.

THE NEXT SPEAKER IS BLAKE BRANSON.

>> GOOD EVENING. MY NAME IS BLAKE BRANSON.

I'M FROM THE HOUSTON AREA, BUT I CAME HERE TO SPEAK TO YOU GUYS BECAUSE I HAVE A BACKGROUND IN THE HYDROCARBON INDUSTRY.

IN FACT, ONE OF THE LABORATORIES THAT USED TO MANAGE LITERALLY DOES THE TESTING FOR THESE SDSS.

I WANTED TO GIVE YOU JUST A COUPLE OF VERY QUICK PLAIN ENGLISH EXPLANATIONS OF THE ODORANT THAT'S GOING TO BE STORED IN THIS PROPOSED SITE.

THE GENTLEMAN FROM ATMOS COULD NOT ANSWER THE QUESTION ABOUT WHAT THE PRODUCT WAS THAT WAS GOING TO BE STORED.

BUT IT'S THIS PRODUCT RIGHT HERE, IT'S SENTINEL 010.

AT THE MARCH 14TH MEETING, THEY WERE ABLE TO PROVIDE THAT INFORMATION.

HE DIDN'T HAVE AN SDS, BUT I PULLED ONE UP.

I WANT TO JUST WALK THROUGH A COUPLE OF INTERESTING POINTS IN IT.

THE FIRST ONE, MR. BROWN WAS TALKING ABOUT RESPONSE TIME.

IF YOU LOOK AT PAGE 4 IN THE SDS, THERE'S COMMENTS ABOUT FIREFIGHTING PROCEDURES.

YOU'RE NOT SUPPOSED TO USE WHEN YOU'RE DEALING WITH FIRE FOR THIS MATURITY, ARE NOT SUPPOSED TO USE WATER JETS.

YOU'RE SUPPOSED TO USE ESSENTIALLY SPECIALIZED PHONES.

IF YOU GUYS DON'T HAVE A PHONE TRUCK THAT CAN ROLL UP HERE, THEN YOU'RE WAITING ON THE PHONE TRUCK TO COME FIGHT THAT FIRE.

THAT'S JUST SOMETHING TO KEEP IN MIND.

THIS IS NOT SOMETHING THAT YOUR STANDARD.

IN FACT, IF YOU WERE TO GO PUT WATER ON IT, YOU HAVE ESSENTIALLY FLASH PROBLEMS WHERE THAT ESSENTIALLY FLASHES THE STEAM AND IT JUST MAKES YOUR PROBLEM SPREAD OUT MORE.

NOT SOMETHING YOU WANT TO DO.

THE OTHER THING THAT'S INTERESTING.

THEY HAD MENTIONED THAT IT'S LIGHTER THAN AIR.

THAT'S JUST FACTUALLY INCORRECT.

THE MAIN COMPONENT IN THIS IS ISOPROPYL MERCAPTAN.

IT HAS A RELATIVE DENSITY COMPARED TO AIR OF 2.6 TIMES MORE DENSE.

ITS JUST SOMETHING YOU CAN LOOK UP THE PRODUCTS, YOU CAN LOOK UP RELATIVE DENSITY OF EACH OF THOSE PRODUCTS, THIS IS JUST A FACT.

SOMETHING ELSE TO LOOK AT IN THIS IS WITH A LOT OF THESE THINGS THAT YOU DO TOXICITY STUDIES, YOU FIGURE OUT WHAT IS THE MINIMUM CONCENTRATION THAT IS TOXIC, THAT WILL LITERALLY KILL YOU.

YOU'D LOOK AT THINGS LIKE INHALATION, YOU LOOK AT SKIN ABSORPTION, YOU LOOK AT INGESTION.

IF YOU TAKE THE INHALATION LIMIT, WHICH IS ON PAGE 8, IT'S SOMETHING LIKE AT 20 MILLIGRAMS PER LITER.

THAT'S THE CONCENTRATION IN AIR.

WHAT THAT REALLY MEANS IS THIS TANK IT'S PROBABLY ABOUT 250 GALLONS.

IF YOU LOOK AT THE DRAWINGS THAT ATMOS HAS PROVIDED, YOU CAN MAKE AN ESTIMATE AS THE SIZE OF THAT STORAGE TANK, CALL IT A 250 GALLON TANK.

THAT'S A CONSERVATIVE ESTIMATE.

IF THAT WERE TO ALL LEAK OUT AND EVAPORATE, IT'S GOT A BOILING POINT OF 125 FS ON A HOT DAY, YOU'RE GOING TO HAVE SOME EVAPORATION.

IMAGINE A CLOUD 10 FEET TALL, 300 FEET WIDE IN ANY DIRECTION.

THE CONCENTRATION OF THIS MATERIAL IN THAT 10 FOOT TALL, 300 FOOT WIDE IN ANY DIRECTION.

SIX HUNDRED FOOT WIDE CLOUD, THAT'S TWO AND A HALF TIMES MORE DENSE THAN AIR, SO IT'S NOT GOING TO FLOAT OFF.

IT'S GOING TO BE ABOUT 10 TIMES HIGHER THAN THE STATED LETHALITY LIMIT FOR INHALATION.

AGAIN, THESE ARE VERY IMPORTANT CHEMICALS.

[00:30:05]

THEY'RE VERY SERIOUS CHEMICALS.

WHEN THEY'RE IN YOUR PROPANE TANK, THEY CAN CREDIBLY DILUTE CONCENTRATIONS.

THEY'RE NOT A PROPANE TANKS' WORTH OF THIS CONCENTRATE THEY'RE, A MILLION TIMES DILUTED.

THAT'S ONE OF THE REASONS WHY YOU HAVE THEM AT VERY SAFE LEVELS.

CAN I MAKE ONE LAST COMMENT?

>> WRAP IT UP.

>> THE ONE THING I WOULD SAY IS GO HOME TONIGHT, GO GOOGLE ODORANT INJECTION STATIONS AND LOOK AT THE GOOGLE IMAGES.

CLICK IT, AND YOU'LL SEE HUNDREDS OF IMAGES OF THESE THINGS.

LOOK FOR ONE THAT'S IN A RESIDENTIAL AREA.

YOU'LL STRUGGLE TO FIND ONE.

>> THANK YOU. THE NEXT SPEAKER IS STEVE AND KIM SWEENEY.

>> I WAS JUST GOING TO ADDRESS THE ISSUE THAT HE HAD BEFORE BECAUSE I'VE REALIZED THAT PROPANE CONTINUES TO GET BROUGHT UP AS A COMPARISON, BUT IT IS AN UNFAIR COMPARISON.

>> YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

>> I'M SORRY. 3111 URBAN WAY.

>> THANK YOU.

>> SORRY ABOUT THAT. BUT THE THING ABOUT THE PROPANE THAT HE WAS MENTIONING EARLIER IS THAT WE ALL IN THE COMMUNITY HAVE PROPANE TANKS, THEY'RE ALSO IN THE GROUND, THEY'RE NOT ABOVEGROUND.

BUT IT'S AUTHORIZED FOR THAT ONE TANK.

WHEN YOU GET DELIVERY, YOU'RE NOT GETTING THE SAME CONCENTRATION LEVEL OF WHAT HE WAS REFERRING TO BEFORE.

IT'S REALLY NOT A GOOD COMPARISON TO SAY, WELL, YOU ALREADY HAVE PROPANE TANKS, SO THIS IS NOT THE SAME THING THAT WE'RE TALKING ABOUT.

THERE ARE A LOT OF CHILDREN THAT LIVE IN THIS COMMUNITY AND IN FACT, RIGHT NEXT TO THE STATION.

IF SOME OF THAT LEAKS OUT, THEY'RE INHALING THAT, CHILDREN ARE GOING TO BE MUCH MORE SENSITIVE TO THIS THAN ADULTS WILL, BECAUSE THEIR BODIES ARE DEVELOPING AND CHANGING.

WE ALREADY KNOW THAT THERE HAVE BEEN RESEARCH STUDIES DONE THAT PEOPLE WHO LIVE CLOSE TO THESE, WHENEVER IT LEAKS OUT THAT THERE IS DAMAGE THAT OCCURS BIOLOGICALLY, AND SO WE'RE CONCERNED ABOUT THAT NATURALLY.

WE'RE ASKING THAT YOU DO THE SECOND THING THAT YOU DID BEFORE. THANK YOU.

>> THANK YOU.

THE NEXT SPEAKER IS TODD KENNEDY.

HE DOES NOT WISH TO SPEAK BEFORE THE COMMISSION.

HE'S JUST AGAINST IT.

TOM LONGMYER.

>> GOOD EVENING. I'M TOM LONGMYER, 3032 CROSSING DRIVE.

I'M SORRY, WE HAVE TO BE BACK HERE IN FRONT OF YOU TODAY AND TAKE YOUR TIME.

A LOT OF THE THINGS THAT I WAS GOING TO TELL YOU HAS BEEN SAID.

I DO WANT TO POINT OUT, THIS GENTLEMAN HAS A PHD IN CHEMICAL ENGINEERING, HE WAS HUMBLE, HE DIDN'T TELL YOU THAT HIMSELF.

BUT HE IS VERY MUCH AN EXPERT ON THIS AND DEALS WITH IT EVERY DAY.

I WORKED IN THE OIL AND GAS INDUSTRY.

AS THE GENTLEMAN SAID, IT'S NOT A MATTER OF WILL IT LEAK, IT'S WHEN WILL IT LEAK? I PERSONALLY WENT TO OUR FIRE STATION, I TALKED TO A CAPTAIN AND FOUR FIREMAN, THEY DIDN'T WANT ME TO USE THEIR NAMES BECAUSE THEY WERE AFRAID OF RETRIBUTION, BUT THEY DO NOT HAVE THE EQUIPMENT TO HANDLE THIS.

THERE WAS A SPILL THAT KILLED FOUR WORKERS BECAUSE THE EMERGENCY RESPONSE PEOPLE COULD NOT GET TO THEM.

THEY DIDN'T HAVE THE EQUIPMENT.

OUR FIRE DEPARTMENT IS NOT TRAINED TO DEAL WITH THIS, THEY DO NOT HAVE THE EQUIPMENT.

IF A TEENAGER GETS OVER THAT SIX OR EIGHT-FOOT WALL, AND A 10-FOOT WALL WON'T STOP A TEENAGER IF YOU WANT TO GET IN THERE, WE ALL KNOW THAT, AND SOMETHING HAPPENS, YOU CAN'T GET TO THEM.

YOU HAVE TO WAIT FOR HAZMAT TEAM TO COME FROM PLANO OR ALLEN, THOSE ARE THE CLOSEST HAZMAT TEAMS AND THOSE ARE DIRECTLY FROM THE WORDS I GOT FROM THE FIRE CAPTAIN.

I JUST WANT YOU TO KNOW HOW OPPOSED I AM AT THIS, I AM ON THE OTHER SIDE OF URBAN CROSSING, SO I'M ABOUT 400 FEET FROM THIS.

JENNIFER SHOWED YOU THIS RADIUS, 2.6 MILES, FOR A LARGE SPILL OF MERCAPTAN, IS CONSIDERED A LARGE SPILL.

THERE'S A DOCUMENT THAT OUR FIREMEN CARRY ON THEIR TRUCK.

IT IS THE EMERGENCY RESPONSE BOOK THAT TELLS YOU HOW TO REACT TO THESE.

THERE'S TABLES AND CHARTS AND ALL THAT TYPE OF STUFF.

2.6 MILES FROM THE POINT OF A LEAK FOR A LARGE SPILL, ANYTHING OVER 55 GALLONS IS CONSIDERED A LARGE SPILL.

THERE'S GOING TO BE WAY MORE THAN THAT ON-SITE HERE. THANK YOU FOR YOUR TIME.

>> THANK YOU. THE LAST SPEAKER IS BENJAMIN ESIR.

>> GOOD EVENING. MY NAME IS BENJAMIN ESIR, 3040 CROSSING DRIVE.

MAYBE JUST ABOUT ANOTHER 75, I WOULD SAY, YARDS FROM WHERE MR. BROWN'S HOUSE IS, WHAT HE WAS TALKING ABOUT.

FIRST OF ALL, AS MENTIONED BEFORE, IT'S SAD THAT THIS HAS BEEN BROUGHT BACK UP TO THIS COMMITTEE YET AGAIN.

YOU WERE CORRECT IN TERMS OF VOTING THIS DOWN 6-0 LAST TIME.

[00:35:05]

BUT HERE WE ARE FIVE MONTHS AFTER THIS LAST VOTE THAT TOOK PLACE IN NOVEMBER ALL BECAUSE ATMOS INTENTIONALLY CHOSE TO LIE AND MISLEAD THE PNC COMMITTEE, THE CITY COUNCIL, AND US, THE NEIGHBORS.

AFTER WE THE CITIZENS TOOK IT UPON OURSELVES TO FIND THE TRUTH OVER THE LAST FIVE MONTHS, LOTS OF DIGGING TO FIND OUT WHAT IS GOING ON HERE, IT FINALLY CAME BACK IN FRONT OF THE CITY COUNCIL, THEN HERE OF COURSE, THEY ADMITTED DURING THAT COUNCIL MEETING, IT IS A CHEMICAL INJECTION STATION.

IT'S NOT A METERING STATION.

IT'S PRETTY ON THE POWERPOINT SLIDE TO SAY IT'S A METERING STATION, BUT IT IS NOT, THAT'S NOT JUST WHAT IT IS.

IT IS PURELY A CHEMICAL INJECTION STATION AS WELL, AND THEY WILL STORE THOSE DANGEROUS CHEMICALS IN TERMS OF WHAT'S GOING ON.

NOW, THEY HAD FIVE MONTHS TO COME CLEAN ABOUT THIS.

THEY HAD PLENTY OF TIME AND NOT ONCE DID THEY RAISE THEIR HAND AT ANY POINT TO SPEAK THE TRUTH.

WE HAD TO FIGHT IT TO GET IT OUT OF THEM.

AND IN NOVEMBER, WHEN EACH OF YOU WERE ASKED THOSE QUESTIONS, AS SOMEONE ELSE MENTIONED, THEY DIDN'T HAVE ANSWERS FOR IT JUST LIKE TONIGHT.

IT'S NOT BECAUSE THEY DON'T HAVE THE ANSWERS, THEY DO, THEY JUST DON'T WANT TO SAY IT BECAUSE THEN THAT'S GOING TO GO AGAINST THE NARRATIVE OF WHAT THEY'RE TRYING TO DO AT THIS POINT.

WITH AN ELEMENTARY SCHOOL COMING UP VERY CLOSE TO THIS AREA, THE NEIGHBORS OF THE VILLAGES AND THE HURRICANE CREEK HEARD OF THE SAME THING THAT WAS GOING ON IN THE LAST COUNCIL MEETING, THEY CAME TO THE REALIZATION OF WHAT ATMOS WAS UP TO AND THEY HAVE JOINED WITH US AS WELL IN TERMS OF FIGHTING THIS ISSUE AS WELL.

THIS ISN'T AN URBAN CROSSING ISSUE, THIS IS AN ANNA ISSUE, AND LETTING DISHONEST PRACTICES LIKE THIS FROM ATMOS IS A TRAVESTY TO US AND TO US AS THE TAX-PAYING CITIZENS HERE AS WELL.

YOU VOTED 6-0 TO STRIKE THIS PROPOSAL DOWN LAST TIME AND WE'RE ASKING YOU THE SAME OF THIS AGAIN, ESPECIALLY AFTER KNOWING THIS COMPANY HAS MISLED AND LIED TO YOU OVER AND OVER. THANK YOU SO MUCH FOR YOUR TIME.

>>THANK YOU. I WILL CLOSE THE PUBLIC HEARING AT 07:37 AND CONFINE ALL COMMENTS TO THE COMMISSION AND STAFF.

DO YOU GUYS HAVE QUESTIONS?

>> STAFF, I KNOW WE HAVE SOME CITY COUNCIL MEMBERS HERE AND SOME CITY FIREFIGHTERS HERE AS WELL.

I USED TO BE A FIREFIGHTER AND MYSELF.

I FIND IT HARD TO BELIEVE THAT WE DON'T HAVE FOAM ON OUR TRUCKS BACK WHEN I HAD THEM IN THE '90S, AND WE JUST GOT A NEW TRUCK, DOES THAT TRUCK HAVE THE FOAM CAPABILITY FOR THIS TOO NOW? IT WAS STATIONED TO COMING ON BOARD.

>> COMMISSIONER. NOW, LIKE FROM MY UNDERSTANDING, THERE ARE NO STAFF PRESENT HERE TONIGHT WHO WERE PART OF THE CONVERSATION THAT THE MR. LONGMYER SAID THAT HE HAD.

AS SUCH, STAFF IS GOING TO NEED TO REFRAIN FROM MAKING ANY COMMENTS ON WHAT MAY OR MAY NOT HAVE BEEN SAID BECAUSE WE DON'T HAVE ANYONE THAT WAS PRESENT THAT CAN TELL YOU EXACTLY WHAT WAS SAID AND WHAT THAT LOOKED LIKE.

WHAT I WOULD SAY IS THAT THAT IS SOMETHING THAT IF YOU FEEL LIKE IS A KEY COMPONENT IN YOUR RECOMMENDATION THAT YOU COULD RECOMMEND FOR CITY COUNCIL TO GATHER THAT INFORMATION FROM STAFF PRIOR TO THEIR FINAL DECISION ON THE ITEM.

>> I'M JUST TRYING TO CROSS THE T'S, DOT THE I'S.

>> YES, SIR.

>> THERE'S NO GOOD SOLUTION, I HOPE EVERYBODY KNOW.

I MEAN, NO MATTER WHERE IT GOES, I'M SURE IT'S GOING TO BE A PROBLEM, I UNDERSTAND THERE'S SOME LAND OUT THERE TOO, AND THAT'S BEEN A CONSIDERATION TOO. THANK YOU.

>> ANY OTHER QUESTIONS?

>> I HAVE A QUESTION FOR CLARK, IF YOU DON'T MIND.

WHAT HAPPENS IF WE REPEAL THIS? BECAUSE COUNCIL'S ALREADY PASSED THIS.

IT'S COMING BACK TO US THE WAY I UNDERSTAND IT.

IT'S COMING BACK TO US AND WE HAVE THREE CHOICES.

WE CAN UPHOLD IT AS THEY PASSED IT.

WE CAN SUPPLEMENT, CHANGE OR MODIFY IT OR WE CAN REPEAL IT.

WHAT HAPPENS IF WE REPEAL IT?

>> THERE WOULD BE A RECOMMENDATION FOR THE COUNCIL TO REPEAL IT.

THIS BODY WON'T BE ABLE TO CHANGE WHAT THE COUNCIL DECIDED, BUT AS IS THE CASE WITH PLANNING AND ZONING COMMISSION, EACH AND EVERY TIME YOU TAKE A BOARD, WHETHER IT BE ON A PLOT OR IN THIS CASE, ZONING, LAND USE, IT'S A RECOMMENDATION.

NOW, IF IT'S A RECOMMENDATION TO DENY A CERTAIN ZONING, THAT WOULD TRIGGER REQUIREMENT FOR THE CITY COUNCIL TO OVERRIDE THAT.

[00:40:02]

IF THEY WERE GOING TO SEEK TO OVERRIDE IT, THEY WOULD NEED A SUPER MAJORITY OF COUNCIL MEMBERS VOTING TO OVERRIDE THE RECOMMENDATION FOR DENIAL.

IT'S AN UNUSUAL SITUATION HERE.

I THINK IN ESSENCE, THE LAND USE DECISION HAS BEEN TEED UP IN A WAY AT THIS POINT TO PROVIDE FOR THE MOST FLEXIBILITY ON WHAT THE COMMISSION MAY DECIDE TO RECOMMEND AND WHAT THE COUNCIL MAY ULTIMATELY DECIDE IN TERMS OF THIS ORDINANCE.

BUT AGAIN, ONLY A MOTION MADE TO DENY A CERTAIN ZONING WOULD TRIGGER A SUPER MAJORITY.

>> THANK YOU. ANY OTHER QUESTIONS OR CONCERNS? I WOULD RECOMMEND FOR COUNCIL TO RESEARCH THE FOAM RESPONSE THAT'S NECESSARY SHOULD SOMETHING HAPPEN HERE.

PULL UP THE ORDINANCE THAT THEY HAD BRITTANY.

I KNOW WE DENIED IT AND THEY OVERTURNED IT.

THIS IS NOT AN EASY DECISION.

THIS WILL SUPPLY ALL OF HURRICANE CREEK, CORRECT? THIS IS A QUESTION FOR STAFF.

>> THIS METERING STATION WOULD PROVIDE A GAS SERVICE FOR NEW DEVELOPMENT IN THAT BROADER AREA.

THAT COULD INCLUDE MULTIPLE DIFFERENT DEVELOPMENTS, ONE OF WHICH IS THE ONGOING HURRICANE CREEK DEVELOPMENT THAT'S BEING CONSTRUCTED RIGHT NOW.

>> YES.

>> WILL THIS ALSO SERVICE LIKE COMMERCIAL AREA UP TOWARDS 75 AS WELL?

>> THAT IS OUR UNDERSTANDING, YES.

THE GAS SERVICE WOULD BE PROVIDED FROM THIS POINT TO THE LARGER AREA INCLUDING 75 FRONTAGE.

>> THAT MAKES A BIGGER DIFFERENCE.

HOW FAR, HOW MANY MILES OUT WITH THIS, SIR, ANNA?

>> I CAN'T TELL YOU THE SPECIFIC DISTANCE BECAUSE THAT WOULD BE AN ATMOS QUESTION ON WHERE THAT WOULD TRIGGER EITHER ANOTHER METERING STATION OR WHERE IT WOULD OVERLAP WITH WHAT THEY HAVE EXISTING.

STAFF, I CAN'T REALLY ANSWER IN A SPECIFIC DISTANCE.

BUT OUR UNDERSTANDING IS THAT THAT BROADER US 75 NORTH OF 455, ANNA AREA WOULD BE SERVED BY THIS FACILITY.

>> A PRETTY SIGNIFICANT AMOUNT OF ANNA?

>> THAT'S OUR UNDERSTANDING. YES, MA'AM.

>> I GUESS THIS QUESTION WOULD BE FOR ATMOS.

MY UNDERSTANDING IS NOWHERE ON THAT PIPELINE WHERE YOU HAVE TO USE MERCAPTAN, BECAUSE MERCAPTANS NOT USED ON THAT WHOLE PIPELINE THAT RUNS THROUGH THE FARM.

>> THIS IS ONE OF THE FEW PIPELINES.

WE ACQUIRED THIS ASSET FROM ANOTHER COMPANY JUST A FEW YEARS AGO.

THIS IS ONE OF THE ONLY PIPELINES WE HAVE IN OUR SYSTEM THAT'S NOT ODOROUS GAS.

>> THE ENTIRE LENGTH IS UNADDRESSED.

>> WHAT IS THE LENGTH OF THAT? BECAUSE I THINK THEY SEE IT AS WE COULD GO ANYWHERE ELSE AND PUT IT ANYWHERE ELSE, BUT IT'S ANYWHERE ELSE WOULD STILL NEED MERCAPTAN BECAUSE IT DOESN'T HAVE IT.

>> CORRECT. ANY TAP OFF THIS LINE WOULD NEED MERCAPTAN.

>> HOW LONG IS THAT LINE?

>> I CAN TELL YOU IT GOES ALL THE WAY OVER TO PONDER.

>> YES.

>> ARE YOU FAMILIAR WITH THE METROPLEX?

>> GO AHEAD. I APOLOGIZE.

I DON'T KNOW THE EXACT LENGTH.

I THINK IT STARTS IN 114,

[00:45:05]

IF YOU KNOW WHERE THE TEXAS MOTOR SPEEDWAY IS.

IT STARTS THERE AND IT RUNS ALL THE WAY UP TO KYNAR MORGAN PLAN.

I THINK IT'S SOMEWHERE AROUND 130 MILES.

>> IT RUNS ACROSS THE HIGH-GROWTH AREA OF THE METROPLEX.

>> HOW MUCH MERCAPTAN WOULD BE STORED?

>> IT'S A 250 GALLON TANK.

I THINK THEY SAID AT THE LAST MEETING, LAST TIME WE HAD ENGINEERS WITH US, OPERATIONS FOLKS WITH US.

WE WERE ABLE TO ANSWER ALL THOSE QUESTIONS.

I BELIEVE AT THE LAST MEETING, THEY SAID RIGHT NOW BEGINNING IT WOULD BE FILLED ABOUT ONCE A YEAR.

AS ANNA GROWS AT STATION IS GOING TO SERVE ALL THE GROWTH IN ANNA, EVEN ON THE EAST SIDE OF 75 AS WELL.

THE STATION WE CURRENTLY HAVE IS ABOUT TAPPED OUT.

FOR FUTURE GROWTH, WE CAN'T SERVE IT FROM THE EXISTING STATION.

THAT'S WHY WE'RE ADDING THIS.

>> WHERE'S THAT STATION?

>> NATHAN 2862 SOUTH OF COYOTE MOTORS TOWNHOUSE.

>> THAT'S NEAR ROSENWALD SCHOOL?

>> SURE.

>> THE WHOLE HYPHENATED THING.

>> ISN'T THAT JUST A METERING STATION OR IS THAT PER-CAPITA?

>> PER CAPITA.

>> IT'S BOTH OF THEM.

>> IT'S BOTH.

>> [BACKGROUND].

>> I'VE DRIVEN PAST THAT.

>> [BACKGROUND].

>> I GUESS THIS IS HARD NO MATTER WHAT, BECAUSE NOBODY WANTS IT IN THEIR BACKYARD.

NOBODY. YOU CAN PUT IT IN A FARM COUNTRY, BUT THAT FARM COUNTRY IS EVENTUALLY GOING TO BE SOMEBODY'S BACKYARD.

THIS ISN'T AN EASY DECISION TO MAKE FOR THE 20 PEOPLE WHO ARE OUT HERE FOR THE 3,400 PEOPLE THAT COULD POTENTIALLY HAVE GAS TO THEIR HOUSES.

IT'S JUST NOT AN EASY DECISION WHETHER IT'S YOUR BACKYARD OR THE GUY WHO DOESN'T LIVE HERE YET, BUT IT WILL BE HIS BACKYARD IF HE SO CHOOSES.

>> YES, MA'AM. THIS WILL SUPPORT ABOUT 10,000 LOTS THAT WE HAVE IN INVENTORY.

THIS STATION IS GOING TO BE NOT ONLY A FEED FOR HURRICANE CREEK BUT A REDUNDANT FEED FOR THE REST OF THE AREAS, AS JOHN SAID, THAT EXPANDS BOTH EAST OF 75 AND WEST OF 75.

>> THIS IS A FEDERAL THING WE HAVE TO DO.

WHAT'S THE TIMELINE THAT THIS PIPELINE HAS TO HAVE THIS CAPTAIN IN IT? I MEAN, THERE'S GOT TO BE SOME TIMELINE THE FED IS HAPPENING.

>> REPEAT THE QUESTION PLEASE.

>> WHAT'S THE TIMELINE FOR THIS PIPELINE HAVING THIS CHEMICAL IN THERE?

>> IT IS FEDERAL AS THE AREA DEVELOPS AND THE CONCENTRATION AROUND THE PIPELINE INCREASES, WE HAVE TO REWRITE THE PIPELINE.

WHEN THAT HAPPENS, THERE'S GUIDELINES THAT ARE SET BY REGULATIONS ABOUT WHEN THE PIPELINE HAS TO HAVE THEM OR CAPTAIN ALREADY IN IT.

>> OKAY.

>> BUT RIGHT NOW, IT'S NOT THERE.

THAT'S WHAT OUR TEAM IS BACK AT THE OFFICE ACTUALLY LOOKING AT.

I SAID WE'RE STILL LOOKING AT SOME THINGS.

THEY'RE LOOKING AT THE PROJECTED GROWTH TO SEE IF THIS NEEDS A CAPTAIN IN A WEEK, THERE'S NO POINT IN PUTTING A 250 GALLON TANK HERE.

IT WOULD ALREADY RISE A WHOLE ENTIRE LINE.

THAT RIGHT THERE THEY'RE RUNNING THE NUMBERS, THEY'RE LOOKING AT THE GROWTH IN THE METRO PLEX TO SEE WHEN THAT TRIGGER TAKES EFFECT.

>> [BACKGROUND].

>> BUT RIGHT NOW, THIS STATION IS NEEDED TO SERVE THE DEVELOPMENTS THAT ARE ABOUT TO GO VERTICAL.

>> THANK YOU.

>> THANK YOU.

>> I THINK WE CAN SEND THIS BACK TO COUNCIL WITH A SUPPLEMENT CHANGE FOR THEM TO MODIFY THE SUP THAT THEY'VE ALREADY APPROVED.

>> REMIND ME WHAT OUR CHOICES ARE THERE ON THIS.

>> WE CAN UPHOLD THE SUP AS ADOPTED BY THAT ORDINANCE, WHICH IS WHAT THEY'VE ALREADY DONE.

WE CAN SUPPLEMENT, CHANGE, OR MODIFY IT.

WE CAN SUGGEST TO THEM.

IT'S A RECOMMENDATION FROM US TO THEM TO CHANGE SOME THINGS ABOUT IT OR WE CAN REPEAL IT ALTOGETHER.

NOW WE VOTED SIX TO ZERO LAST TIME.

AND THEY OVERRODE US.

WHAT'S TO SAY THEY WON'T DO IT AGAIN?

>> I THINK IT WASN'T FULLY UNDERSTOOD WHEN THEY VOTED TO APPROVE IT BECAUSE THEY THOUGHT IT WAS JUST METERING.

THEY DIDN'T REALIZE IT WAS INJECTIONS.

>> LIKE WE DID TOO. [BACKGROUND]

>> I THINK THE ISSUE IS IT'S A BURDEN HAND.

THE DEAL IS ON THE TABLE FORM RIGHT NOW.

THE WINE DOES NEED TO BE NOTARIZED.

THE CATCH IS, IS IT LOOKING I'M VERY PRO-GROWTH AS A NOTE FOR MYSELF.

[00:50:06]

YOU GOT TO THINK ABOUT THE FUTURE RESIDENTS THAT ARE GOING COME INTO THE HOMES THAT ARE COMING IN.

BUT WE'VE ALSO GOT TO BE COGNIZANT OF THE PEOPLE THAT WE ALREADY HAVE.

>> YES.

>> THAT GAS LINE IS LONG.

IT'S GOING TO TAKE MORE TIME.

BUT YOU COULD GO TO OTHER LANDOWNERS BECAUSE THEY HAVE AN EASEMENT GOING THROUGH, BECAUSE THEY HAVE THE LINE THERE.

YOU COULD GO TO OTHER LANDOWNERS AND TRY AND NEGOTIATE WITH THEM.

BECAUSE RIGHT NOW IF THEY PUT IT IN PLACE, ALL THE NEW RESIDENTS BUYING HOMES, THEY'LL KNOW IT'S THERE BECAUSE THAT'S THERE.

BUT THE RESIDENTS THAT ARE ALREADY THERE, THEY DIDN'T CHOOSE FOR THIS.

NOT AT THE SAME TIME. THEY BUILT NEXT OPEN LANDS.

>> ANYONE CAN GO THERE. IT'S LIKE AN AIRPORT.

>> BUT I THINK THERE ARE OTHER OPTIONS OUT THERE THAT THEY HAVEN'T EXPLORED YET.

THEY HAVEN'T GONE TO AND TALK TO OTHER LANDOWNERS YET.

BUT I THINK WHAT IS CONTROVERSIAL IS THIS IS I DON'T KNOW WHAT TYPE OF SUPPLEMENTAL CHANGE [OVERLAPPING].

>> THE SUPPLEMENTAL CHANGE HAVE RECOMMENDATIONS FROM US TO MOVE IT?

>> NOT REALLY BECAUSE THEN YOU'RE STILL UPHOLDING THE ORDINANCE WHICH HAS ALREADY BEEN APPROVED.

>> GREAT.

>> I JUST WANTED TO ADDRESS THE QUESTION THAT JUST CAME UP FOR THE COMMISSION.

AS YOU VERY CLEARLY STATED, THESE ARE THE THREE OPTIONS WITH OPTION 1, YOU CAN RECOMMEND UPHOLD.

OPTION 3, RECOMMEND REPEAL.

OPTION 2 DOES GIVE YOU THE FREEDOM TO CONSIDER ANY OTHER ADDITIONAL SUPPLEMENTAL CHANGES OR MODIFICATIONS THAT YOU WOULD RECOMMEND FOR COUNCIL TO ADD TO THIS.

I DON'T THINK STAFF IS IN A POSITION TO RECOMMEND ANY SPECIFIC ONES.

BUT CERTAINLY, YOU HAVE THE OPTION, THE FREEDOM, THE FLEXIBILITY.

IF THERE'S SOMETHING THAT YOU SPECIFICALLY DO WANT OR DO NOT WANT ON THE SITE, THAT WOULD BE SOMETHING THAT YOU COULD INCLUDE IN A RECOMMENDATION FOR A MODIFICATION TO THE SUP.

>> CAN WE RECOMMEND THAT THEY FIND SOMEWHERE ELSE DOWN THE LINE TO PUT IT?

>> [BACKGROUND].

>> THE SUP IS SPECIFIC TO THIS PIECE OF PROPERTY.

THAT WOULD ESSENTIALLY BE A RECOMMENDATION OF REPEAL BECAUSE THE SUP IS SPECIFIC TO THIS LOCATION.

BUT IF THERE'S SOMETHING ON THIS SPECIFIC LOCATION THAT YOU WOULD LIKE TO SEE REMOVED FROM WHAT THEY'RE DOING OR ADDED TO, THAT WOULD FALL UNDER SOME TYPE OF A SUPPLEMENT OR MODIFICATION RECOMMENDATION.

IF YOU WANT IT TO BE SOMEWHERE ELSE, THAT WOULD FALL UNDER A REPEAL.

>> LIKE REMOVING THE CAPTAIN, THEY WOULD HAVE IT BUT NOT AN INJECTION SITE.

IT COULD BE A METERING STATION, BUT WE REMOVE THERMO CAPTAIN.

>> BUT THAT WOULDN'T DO ANYTHING.

YOU COULD MAKE THAT RECOMMENDATION.

>> MY RECOMMENDATION FOR THAT IS NOT STORED ON SITE.

>> TO INJECT IT, YOU HAVE TO STORE IT ON SITE.

>> YOU'RE TALKING ABOUT TWO DIFFERENT PLACES THEN.

ONE, THE CURRENT SITE, HOW DOES IT MEAN STATION AND DOWN THE LINE AT THE PER CAPITA, WHICH WOULD BE ANOTHER METERING I WOULD ASSUME.

>> YES.

>> IT WOULD BE AN INJECTION SITE.

>> IT'S GOING TO BE TWO SEPARATE SITES.

THE METERING STATION ISN'T REALLY THE ISSUE.

IT'S THE FACT THAT THEY'RE INJECTING.

I MEAN THE METERING STATION PROBABLY IS AN ISSUE, THERE'S GOING TO BE NOISE AND STUFF.

BUT THE BIGGER ISSUE IS THE FACT THAT MERCAPTAN'S STORED ON-SITE.

CORRECT ME IF I'M WRONG, IF WE WERE TO MODIFY THIS, THAT'S LIKE, WE WANT A 10-FOOT WALL, WE WANT BARNES, THAT'S REALLY ALL THAT WE'RE DOING.

>> CORRECT. IT WOULD BE A RECOMMENDATION TO ADD OR TAKE AWAY SOMETHING THAT'S CURRENTLY SHOWN IN THE SITE PLAN OR IN THE SUP DOCUMENT.

>> THANK YOU.

>> LET ME HAVE YOU VISITED THIS SEVERAL TIMES.

THIS ISN'T THE FIRST TIME THIS HAS COME ACROSS THE DESK.

WHO'S TO SAY IT'S NOT GOING TO COME BACK AROUND TO US AGAIN?

>> THAT'S TRUE. IT'S DIFFICULT BECAUSE YOU TALK ABOUT THE MILE AND A HALF THAT IT'S GOING TO SPREAD.

WELL, IF THEY PUT IT A MILE DOWN THE ROAD AND NOT IN YOUR BACKYARD, IT'S STILL GOING TO BE A MILE AND A HALF IF IT SPREAD.

IT'S GOING TO BE SOMEWHERE IN ANNA.

>> TO SERVICE ANNA.

>> YEAH. [BACKGROUND]

>> I GUESS THAT'S A QUESTION FOR YOU GUYS THEN.

[BACKGROUND]

>> WELL, THAT'S A QUESTION FOR STAFF.

>> STAFF.

[00:55:01]

>> NO.

>> IT'S A QUESTION FOR STAFF.

>> THE PUBLIC HEARING HAS BEEN CLOSED.

>> ATMOS WOULD BE THE ONLY ENTITY THAT WOULD BE ABLE TO ANSWER YOUR QUESTION SPECIFICALLY BECAUSE IT'S THEIR OPERATIONS AS FAR AS WHERE IT COULD BE LOCATED TO PROVIDE SERVICE TO ANNA.

BUT OBVIOUSLY, WE ARE TALKING ABOUT UNDERGROUND PIPELINES.

>> THEY'RE ALREADY THERE.

>> ANOTHER QUESTION TO STAFF.

IF WE MOVE IT TO ANOTHER LOCATION, YOU'LL HAVE TO DRAFT ANOTHER ORDINANCE FOR THAT LOCATION.

WITHIN THE CONTEXT OF THAT NEW ORDINANCE, CAN YOU SPECIFY A CERTAIN DISTANCE THAT IT HAS TO BE FROM A RESIDENTIAL OR ANY LIVING QUARTERS OR OFFICE BUILDINGS OR ANYTHING? CAN YOU CAN SPECIFY THE AMOUNT OF SPACE THAT IT NEEDS TO HAVE TO BE SAFE?

>> FOR A FUTURE ITEM, THERE'S CERTAINLY ADDITIONAL STIPULATIONS THAT COULD BE MADE.

BUT WHAT I WOULD RECOMMEND IS THAT FOR THE PURPOSE OF TONIGHT'S MEETING, THE COMMISSION FOCUSES ON YOUR RECOMMENDATION REGARDING THIS SPECIFIC SUP.

BUT TO ANSWER YOUR QUESTION, THERE CERTAINLY ARE STIPULATIONS THAT CAN BE PLACED ON ANY FUTURE SUP.

ALTHOUGH I WILL SAY THAT ANYTHING IN THE ETJ IS OUTSIDE OF OUR ZONING.

ANYTHING OUT IN THE ETJ AND COUNTY UNINCORPORATED IS NOT SUBJECT TO ANY SUPS OR ZONING OF THE CITY.

AS THERE ARE ETJ AREAS ALL OVER TO PATCHWORK QUILT.

IN THOSE AREAS, THE CITY WOULD NOT HAVE THE AUTHORITY TO CONTROL ZONING AND LAND USE.

>> WHO OWNS THE EASEMENT RIGHTS?

>> ATMOS.

>> THE ONLY REASON THEY NEED AN SUP IS BECAUSE BY RIGHT, YOU CAN DO IT WITH AN SUP.

YOU CAN HAVE THIS TYPE OF SIDE HERE.

IF THEY GO TO ANOTHER SITE ON ANY OF THE PIECE OF PROPERTY, DEPENDS ON WHAT THE LAND IF IT'S ZONED AND WHAT THE ZONING IS OVER THERE.

IT'S A TOUGH QUESTION TO SAY THEY'D HAVE TO WRITE ANOTHER ORDINANCE.

WE DON'T KNOW THAT BECAUSE YOU DON'T KNOW WHAT SITE THEY WOULD LOOK AT.

>> PART OF YOUR QUESTION, COMMISSIONER HOGAN, ABOUT THE DISTANCE.

AN SUP AS COMMISSIONER HERMANN WAS SAYING, IS VERY SITE-SPECIFIC.

YOU'RE ASKING MORE OF A GENERAL BROAD ZONING ORDINANCE QUESTION, BUT CAN WE PUT IN THE ORDINANCE TO HAVE A DISTANCE REQUIREMENT? THAT IS SOMETHING THAT YOU COULD MODIFY THE ZONING ORDINANCE TO INCLUDE THAT FOR THE FUTURE.

BUT IF YOU'RE LOOKING AT A SPECIFIC-USE PERMIT FOR A SPECIFIC SITE, YOU WOULDN'T BE ABLE TO SAY 200 FEET FROM ANY RESIDENTS BECAUSE THE ZONING ONLY AFFECTS THAT SITE. DOES THAT MAKE SENSE?

>> I'M JUST SAYING 5, 10, 15 YEARS FROM NOW WHEN SOMEBODY ELSE COMES IN AND WANTS TO BUILD SOMETHING LIKE THIS, IF THE CITY HAD AN ORDINANCE IN PLACE THAT'S SPECIFIED, FOR THIS EQUIPMENT OR FOR A GAS LINE THAT IT WOULD ALREADY BE IN PLACE.

THESE DISCUSSIONS AND DEBATES WOULD BE ELIMINATED AT THAT POINT.

>> I'D SAY IT ALREADY IS RIGHT BECAUSE WE HAVE ZONING LAWS.

>> THAT'S EXACTLY WHAT ZONING LAWS ARE FOR, IS FOR THAT PURPOSE.

>> THE ZONING DOESN'T SPECIFY ANY DISTANCE.

THAT'S JUST THE QUANDARY WE'RE IN RIGHT NOW.

IT'S NOT SAFE ENOUGH.

DO YOU SEE WHAT I'M SAYING? [OVERLAPPING]

>> WHEN WE GO THROUGH THE ZONING RE-RATE, THAT MAY BE SOMETHING WE CAN DISCUSS THEN OR THAT IS A SPECIFIC TOPIC WE CAN DISCUSS THEM IN THE FUTURE AS A SEPARATE ITEM.

BUT AS FAR AS A SPECIFIC USE PERMIT, YOU CAN'T LIMIT THE DISTANCE OF SURROUNDING USES.

>> RIGHT.

>> THAT'S A WHOLE OTHER CONVERSATION.

>> YEAH.

>> I THINK IT'S CLEAR TO ME.

I MOTION TO REPEAL IT AND THEN THROW IT BACK AT THE DRAWING BOARD.

AT THIS POINT IN TIME, THERE'S JUST TOO MANY UNKNOWN ENTITIES.

WE'VE GOT NEIGHBORS OVER HERE.

I DID THE SAME WAY.

LET'S THROW IT BACK BECAUSE WE HAVE TO VOTE THE SUPPLEMENT.

APPARENTLY, WHAT WE UNDERSTAND IS THAT IT'S GOING TO BE DUE TO SPU NOW IF WE THROW IT BACK TO THE DRAWING BOARD AGAIN, REPEAL IT, THEN WE CAN MAYBE TELL THEM TO ENTERTAIN A NEW SITE.

I KNOW LEGAL IS HERE AND THEY'VE ALREADY STARTED CONSTRUCTION, SO I DON'T KNOW WHAT THE IMPLICATION IS GOING TO BE FROM THAT.

[01:00:01]

>> ALL THEY'VE DONE IS SITE WORK WITHIN THEIR EASEMENT, [OVERLAPPING] WHICH THEY BY RIGHT CAN DO THAT.

THEY HAVE NOT STARTED ANY EXPENSIVE BUILDING.

>> IT DOESN'T SOUND EXPENSIVE, THAT'S WHAT I'M TRYING TO SAY.

>> YEAH.

>> I MOTION TO REPEAL IT.

>> I'LL SECOND.

>> I HAVE A MOTION BY COMMISSIONER NYLEC TO REPEAL.

I HAVE A SECOND BY COMMISSIONER HERMANN.

>> TO CLARIFY, IS THE MOTION TO RECOMMEND THAT THE CITY COUNCIL REPEAL ORDINANCE NUMBER 1014-2022?

>> SORRY. CAN YOU TURN YOUR MIKE ON?

>> WE CAN'T HEAR YOU.

>> FOR CLARIFICATION, IS THE MOTION TO MAKE A RECOMMENDATION TO THE CITY COUNCIL TO REPEAL ORDINANCE NUMBER 1014-2022?

>> I HAVE A MOTION TO REPEAL ORDINANCE NUMBER 1014-'22 BY COMMISSIONER NYLEC AND A SECOND BY COMMISSIONER HERMANN.

ALL IN FAVOR?

>> [OVERLAPPING].

>> BUT WHAT I'M ASKING IS IF THE MOTION IS TO MAKE A RECOMMENDATION.

>> YES.

>> THANK YOU.

>> YES.

>> NO, [OVERLAPPING].

>> NO, WE HAVE TO MAKE A RECOMMENDATION TO THE COUNCIL TO REPEAL IT.

IT'S UP TO THEM TO REPEAL IT OR NOT.

>> BECAUSE THEY'VE ALREADY PASSED IT.

>> BECAUSE THEY'VE ALREADY PASSED THE SPECIAL USE PERMIT.

AM I UNDERSTANDING THAT CORRECTLY?

>> YES.

>> THAT'S WHY I MOTIONED REPEAL.

>> I HAVE A MOTION FOR THE COUNCIL TO CONSIDER REPEALING FROM COMMISSIONER NYLEC AND A SECOND BY COMMISSIONER HERMANN.

ALL IN FAVOR. COMMISSIONER MARTIN?

>> YES.

>> COMMISSIONER NYLEC?

>> YES.

>> COMMISSIONER HOGAN?

>> YES.

>> COMMISSIONER HERMANN?

>> YES.

>> COMMISSIONER CLEMENS?

>> YES.

>> MYSELF. MOTION PASSES UNANIMOUSLY.

[APPLAUSE] HOLD THE OUTBURST, PLEASE.

I'M GOING TO MOTION TO ADJOURN AT 8:02. IS THERE A SECOND?

>> SECOND.

>> I HAVE A SECOND BY COMMISSIONER HOGAN.

ALL IN FAVOR. COMMISSIONER MARTIN?

>> YES.

>> COMMISSIONER NYLEC?

>> YES.

>> COMMISSIONER HOGAN?

>> YES.

>> COMMISSIONER HERMANN?

>> YES.

>> COMMISSIONER CLEMENS?

>> YES.

>> MYSELF. MEETING ADJOURNED AT 8:03 PM.

>> THANK YOU.

>> THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.