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Good evening. This August 18th, 2026
board of alderman meeting is hereby

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called to order. Is Pastor Dodson with
us?

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Alman Earhart, if you would lead us in
an invocation in a moment followed by

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the pledge of allegiance, which I'll
lead. Please stand.

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» Thank you, Mayor. Excuse me.
[clears throat] Let us pray. Most

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gracious God and our heavenly father,
our creator, our sustainer and redeemer,

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we give you thanks, Lord, for this day.
Thank you, Lord, for the safety that we

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experience in Olive Branch. Thank you
for our prosperity. And as we go forward

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in all things each day, Lord, I just
pray that we would seek your wisdom and

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your guidance whether we're running a
city, running a business, or running a

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family because we know that all things
come from you and that uh we should do

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all things to honor and glorify you with
our decisions. May the decisions we make

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tonight uh be wise and pleasing in your
sight. Lord, thank you for the

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forgiveness of sins and bless this
meeting. In Christ's name I pray. Amen.

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» Amen.

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I pledge algiance to the flag of the
United States of America and to the

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republic for it stands one nation under
God indivisible with liberty and justice

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for all. Thank you be seated.

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Just a reminder for anyone who speaks
tonight, this meeting is streamed live

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on the city's YouTube channel and also
archived for playback. And if you plan

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to speak tonight, one of the blue
comment cards, you should fill one of

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those out up on the rail uh at the front
of the courtroom and give that to the

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clerk to my right, your left. Uh board,
and we should remember that when we're

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speaking, our microphones should be on
green uh so that the audience can hear

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what's being discussed.
Miss Stewart, would you conduct roll

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call?
>> Audrey,

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» here.
>> Collins

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» here.
>> Dickerson

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» here.
>> Yhart

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» here. Gamage
>> here.

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» Hamilton
>> here.

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» Wallace
>> 100% present. So a quorum obviously

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established.
Board you have before you the regular

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minutes of the August the 4th 2026
meeting. Any comments, questions or

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motion to approve those meetings
minutes.

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» Motion to approve.
>> Motion to approve by Miss Hamilton. Is

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there a second?
>> Second.

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» Second. Mr. Collins. Any discussion?
All in favor?

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» I.
>> All oppose. Motion carries.

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» Break protocol and change locations just
for one second.

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I'd like to ask our special Olympian
athlete, Joseph Tate, and his dad, Jose

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Tate, to come forward with us, if you
will.

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And Mr. Ed Crumper, are you planning to
present as well? Miss Diana Crumper,

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come forward.

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Yes, ma'am.

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We are pleased to recognize our hometown
Olympian, our special Olympics athlete,

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Joseph Tate, who on August, correction,
in the 2026

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Olympic Games in Minnesota. He won not
one but two medals. He won a silver

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medal in the 100 meter and the running
long jump. Is that right?

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» And
and and the bronze medal

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» in the 4x100 meter relay. So, these
games took place in Minnesota and we'd

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like to recognize our hometown athlete.
I'd like to give you a memorabilia of

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city hall and the crumpers have
something they'd like to share with you

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as well.
>> Never seen anything like this before.

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All of them up.

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[snorts]
[applause]

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Thank you brother

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board. Also, I'm pleased to announce uh
there's not a gift to be handed because

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the gift was wired to us, but uh our
friends Jim and Missy Flanigan have

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donated 37,975.33

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to the Lick Creek Conservatory for a
large B large raptor cage. Uh and that's

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done in memory of their son James
Bennett James Bennett Flanigan Jr.

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$37,975.33

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in memory of James Bennett Flanigan Jr.
They have relocated. They've moved out

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of the area at this time, but part of
their catalyst for this was to encourage

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anyone else that may want to give to
Lick Creek Conservatory to do that, but

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we're thankful to receive this and very
appreciative of the Flanigans making

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this donation.

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Also, board, you have some packets
before you, Emanuel. That's from the

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mayor's youth council. And that just
wanted you to get a feel for what the

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staff has put together for the mayor's
youth council this year. We had 80

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applications for the youth council.
That's our limit. We had 68 last year

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and 80 applications this year. So, we're
looking for a real robust uh class. And

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if you look through that, I think you'd
find it very interesting. some history

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and different uh challenges about the
city andformational items that the youth

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council I think will will sure benefit
from. So, special thanks to Miss Jen

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Griffith for putting that manual
together.

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Just as an FYI also

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from Fire Chief Clark,
we would like for you to know that Olive

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Branch Fire Department added four new
certified paramedics after their

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graduation on August the 6th, 2026 from
Northwest Mississippi Community College

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Paramedic Program. This is an intensive
three semester fasttrack program to

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obtain a nationally registered paramedic
license. These are our employees that uh

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the city incentivized by paying tuition
for them to get the paramedics program.

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Uh and also we have two other employees
that are currently in paramedic school

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and three will start in January 27. So
the board knows that paramedics are it's

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a challenge to get that level of talent
and we're certainly pleased that the

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fire department uh has these individuals
going through and we congratulate the

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the men and women that made it through
the paramedic school and got added to

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the registry.

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chief here. Chief, anything else to say
on that? Is that cover it well enough

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or?
>> Yes, sir.

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» Okay. Well, thank you. We're pleased to
get those without a doubt.

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Following the agenda, you have board the
consent agenda, more administrative and

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purpose. the uh items on the consent
agenda

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1 through 27.
I know you've had those to look over if

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there's no are any questions or motions
on the consent agenda items 1 through

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27.
>> Motion to approve.

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» Mr. Gamage motion to approve. Is there a
second?

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» Second, Mr. Wallace. Any discussion?
All in favor?

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» All oppose? Motion carries.

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Planning Commission Old Business. This
is a public hearing for consideration of

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an application for a zoning map
amendment submitted by Greg Russell of

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Civil Link on behalf of Diane Stoval,
James Allen Stoval, revoke revocable

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living trust property owner. The request
is to reszone 50.87 87 plus and minus

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acres from the AR agricultural
residential district to R1 single family

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residential district for the purpose of
creating Almondale Retreat a single

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family residential subdivision. The
subject property is located on the south

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side of Dninnesota Road at the Marshall
County line approximately 86 plus or

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minus miles east of Center Hill Road.
This was set on July the 21st for a

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public meeting today and this will be
led by uh Dr. Song.

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» Thank you very much, Mayor Adam. Before
you is a request to consider the

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reasonzoning of a 50.87 87 acres piece
of property that is located north of

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Highway 302 or Goodman Road just south
of Dotto Road east of Senah Road and

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line along the city limits with Masha
County. So this is the piece of property

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under consideration. It is currently
vacant as shown on this map. Surrounding

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the property to the south uh the Senah
retreat subdivision that has been

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developed in suburban style.
Further to the west of this particular

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piece of property, this is where you
have the Senahhee plantation plant unit

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development at this location. It's also
undeveloped at this time.

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The property is currently zoned AR
agricultural residential district

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shown on this map and the applicant
proposes that it be reszoned to allow

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the Amadela retreat subdivision. This
will be a single family residential

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subdivision.
There is an accompany accompanying

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subdivision plot as part of this
particular application which the board

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will have the opportunity to review.
With regard to the resoning criteria,

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the board is required to find whether
the original zoning classification for

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the property as it exists today is a
mistake. The applicant does not make any

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such claim that the existing AR zoning
of the property is a mistake. The

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planning commission did find that a
subject property was zoned a arrow in

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the 1980s. That's what our records show.
It has been zoned AR since the 1980s. It

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was annexed into the city in 2021 during
the last annexation and there has been

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no change in the zoning classification
of the property since then. As such, the

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existing AR zoning classification of the
property is not a mistake. That

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particular criterion therefore is not
met.

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The board of adamant is also required to
find whether the character of the

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neighborhood has changed to search and
extend to justify the proposed

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reasonzoning and not all and whether
there is a public need with regard to

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the character of the neighborhood
whether it has changed sufficiently to

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justify the reasoning of this particular
piece of property.

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The applicant submits that there have
been sewer upgrades in the general area

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of the property since the 1980s.
For example, Amad retreat to the south

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uh Senah retreat to the south for it to
have developed in this suburban style as

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opposed to the rural estate a district
configuration it ought to have had se

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the surrounding zoning system has also
changed so contest the applicant. We

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we've mentioned the center here retreat
to the south is zone arrow 2 that's in

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the county is zone arrow 20. Those are
lots that are generally uh 20,000 square

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ft in size as opposed to a arrow lots
that are minimum 1 acre in size. Now in

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the county arrow 20 does not really mean
minimum 20,000 square ft lots. There are

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lots in there that are far less than
20,000 square feet. It's a formula they

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use in the county and how they the kind
of call this are 20 but it really does

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not mean minimum 20,000 ft lots. There
are lots there that are 12,000 15,000 ft

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in size. So um the applicant also
contends that the AR zoning district as

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it were with a requested change uh for
the resoning will provide a transition

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between the AR20 lots to the south and
the AR lots that will remain to the

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north of the property.
The planning commission did find that

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yes there have been sewer upgrades in
this particular area and the city droad

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is also working on other uh sewer
infrastructure expansion in the in the

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area. Generally if you don't have
seawward the lots need to be minimum 1

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acre and in some cases one and a half
acre in order to have sufficient area

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and it's duplicate for subsurface
seawage disposal. But once sewer lines

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are extended to the area then that makes
it possible for the lots to be less than

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1 acre in size. So we have had that
sewer infrastructure upgrades that is

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going on in the area of the property. Uh
secondly, there have been a number of

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reasonings that have moved this area
from a predominantly agricultural area

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to a development in character that is
more of suburban. Sub urban residential

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development involve lots that are
minimum 6,000 square ft right up to

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about 30,000 square ft.
We mentioned the center here retreat

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subdivision to the south and you also
have

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the center hill plantation to the west.
This area has lots ranging from about

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12,500 square ft to 40,000 square ft
in the center he plantation. So those

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are that's a change that has occurred in
the area with regard to resoning just in

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the last 20 years with regard to whether
there is a public need for this

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reasoning. The applicant submits that
the reasoning addresses a continuous

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demand for single family residential
lots in the city and it will provide for

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the more efficient land use pattern that
minimizes sprawl and it's also

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consistent with the comprehensive plan.
The comprehensive plan of the city

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articulates the public needs of the area
as has been determined by the board of

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adan. Comprehensive future land use map
in the comprehensive plan designates the

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property as suburban neighborhoods. The
requested reasoning aligns with the

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future land use map classification of
the property and as such it meets the

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public need criteria. The planning
commission at its meeting on July 14 did

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review this application and determined
that the character of the area has

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changed in the last three decades from
agricultural to suburban residential

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land uses following the extension of
public seoning and development of

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multiple passes in the area and that the
reasoning of the property to R1 will

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align with the comprehensive plan 2040
designation of the property as suburban

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neighborhood. As such, it unanimously
voted and recommended that the board of

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adaman reszone this property from its
current AR district to R1 single family

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residential. That concludes staff's
presentation. Thank you.

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» Thank you, Dr. Song. Board, any
questions regarding the staff report

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before the applicant is afforded an
opportunity to come forward. Any

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questions?

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Hearing

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none, Mr. Smith or anyone would like to
speak to this for the applicant.

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Good evening, mayor and board members.
My name is Greg Smith. I'm with Civil

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Link Engineering and I am representing
the applicant here tonight. Uh staff's

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done a great job of explaining what
we're trying to do here, so I won't

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repeat much of what he said. would like
to point out that we are in conformance

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with your future land use plan which
slates lots anywhere from 6,000 to

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30,000 square feet. We're asking for an
R1 zone which is a minimum of 125 but

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we're proposing 15,000 and larger. Some
of the lots I think there's one lot as

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large as 2 acres on this thing that that
you'll see later on should this get

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approved. Uh we feel like that we
substantially approve um approved public

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need and change in the neighborhood that
uh the staff has mentioned today and um

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we're just asking for a favorable
consideration and I can just answer any

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questions you might have about it.
>> Thank you Mr. Smith board. Any questions

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from the applicant? Any questions for
Mr. Smith?

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» Hearing none. Thank you. Yes sir.

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» Questions, discussions, or motions?

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» Oh, this is public hearing. Thank you.
This is this is a public hearing as

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well. Is there anyone here to speak as a
proponent you are for this application

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or an opponent that you're against this
application? Anyone scheduled to speak

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00:21:32,000 --> 00:21:36,200
for or against this application?

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Final opportunities hearing and seeing
none public comments is closed.

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00:21:43,760 --> 00:21:50,400
» Board any questions, comments,
discussions, or motions.

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00:21:48,320 --> 00:21:52,000
» I make a motion we approve it.
>> Mr. Collins, motion

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00:21:51,520 --> 00:21:55,840
» presented
>> to approve as presented.

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00:21:54,480 --> 00:22:00,080
» Second.
>> Second, Mr. Gamage.

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00:21:58,000 --> 00:22:03,520
Any discussion?
All in favor?

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00:22:01,840 --> 00:22:08,559
» All opposed?
Motion carries. Item two, public hearing

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00:22:06,960 --> 00:22:13,919
for consideration of application to
amend the project text for Marqu Marque

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00:22:11,520 --> 00:22:19,440
Manor at Robinson Crossing submitted by
Bobby Britain Dabs Cannabis Dispensary

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00:22:16,480 --> 00:22:25,360
on behalf of property owner Manver Singh
Singh Development Incorporated. The

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00:22:21,280 --> 00:22:31,120
subject property is suite 125 at 5025
Church Road East within zone 8 of the

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00:22:28,640 --> 00:22:36,000
Marquette Manor at Robinson Crossing
zone PUD plan development unit and is

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00:22:33,440 --> 00:22:41,200
located on the south side of Church Road
East just east of Pleasant Hill North.

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The request is to add medical cannabis
as a permitted use in this unit. And

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before we start this uh staff report, if
anyone hears to speak on any items

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00:22:48,400 --> 00:22:54,480
tonight, any public comment items
tonight, please complete one of the blue

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00:22:52,159 --> 00:22:58,080
cards at the rail uh in the front of the
courtroom and give that to the clerk and

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they'll pass the cards to me in a
moment. Staff report by

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Andrew's
there, Mr. Thank you.

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00:23:06,480 --> 00:23:13,760
» Andrew Hawin.
>> Yes. Thank you. The applicant is

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00:23:10,799 --> 00:23:21,679
requesting to amend an existing PUD to
allow the new land use at 5025 Church,

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Church Road East, Sweet 2025.
And so that's highlighted in that yellow

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u um outline right there. Uh this is
near the intersection of Church Road

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East and Pleasant Hill Road northwest of
the Margaret Manor neighborhood. The

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00:23:35,520 --> 00:23:42,240
existing land uses in the commercial
spaces include a restaurant, a vape

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00:23:39,679 --> 00:23:46,960
store, a nail salon, a barber shop, an
insurance office, and a liquor store.

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00:23:44,720 --> 00:23:52,159
So, that's currently what's in the area.
So, um, starting with the state distance

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00:23:49,840 --> 00:23:56,960
requirement, state law requires that
cannabis dispensaries cannot be located

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00:23:54,159 --> 00:24:03,039
within 1,000 ft of the nearest property
line of any school, church, or child

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00:23:59,440 --> 00:24:09,200
care facility. this proposed location
uh satisfies this requirement and as you

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00:24:05,600 --> 00:24:15,279
could see the radius is there on the
screen. So, uh, going into the the city

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00:24:12,799 --> 00:24:19,440
specific requirements, section 14 of the
schedule of district regulations in

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00:24:16,880 --> 00:24:24,799
article 5 of the city zoning ordinance
describes the purpose of the PUD

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00:24:21,120 --> 00:24:28,640
district. And it's so that um, this
custom zone can provide for the

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00:24:26,640 --> 00:24:33,440
development of planned total communities
that provide a full range of residential

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00:24:31,120 --> 00:24:37,600
types as well as certain commercial,
office or light industrial uses designed

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00:24:35,679 --> 00:24:41,440
to serve the inhabitants of the
districts. consistent with the

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comprehensive plan. And so when someone
submits a PUD application, um they have

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to present a list of permitted uses
within each planned unit development and

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um that will be um ultimately approved
by the board of alderman. So saying that

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00:24:56,480 --> 00:25:07,760
this has already been um submitted
previously

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00:25:01,279 --> 00:25:13,840
um as a PUD reszoning request. Um now
the applicant today is essentially

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00:25:10,799 --> 00:25:21,520
resubmitting that same application but
requesting to add one land use and that

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00:25:16,720 --> 00:25:29,679
is the um the retail of um medical um
cannabis. And so here from that old PUD

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00:25:26,480 --> 00:25:36,320
document, uh I took a screenshot where
it has all of the uh zones that they

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00:25:33,440 --> 00:25:43,760
have described laid out with um
particular uh land use um prescribed

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00:25:40,159 --> 00:25:50,240
land uses. And so they are going into
what the original application calls zone

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00:25:47,120 --> 00:25:56,640
8. So, as you can see here, they're just
requesting to add

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00:25:53,840 --> 00:26:03,600
they're requesting to add the medical
cannabis dispensary specifically in

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00:25:59,279 --> 00:26:09,919
suite 125 at um in in that um retail
bay. So,

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00:26:06,799 --> 00:26:17,840
um that concludes the presentation. Um
planning commission did um recommend

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00:26:13,760 --> 00:26:24,440
approval 4 to one. Thank you.
Thank you, Mr. Tensentock. Board, any

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00:26:20,480 --> 00:26:24,440
questions on the staff report?

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00:26:27,679 --> 00:26:33,480
Does the applicant or applicant
representative wish to add anything?

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00:26:38,240 --> 00:26:47,400
» Hi, Amy Silio1201
Old Goodman Road. Um, I do have some

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00:26:43,120 --> 00:26:47,400
handouts. Would it be okay to approach?

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00:27:02,400 --> 00:27:09,120
Thank you. Good evening [clears throat]
again. My name is Amy Silio. I'm the

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00:27:07,120 --> 00:27:14,400
vice president of human resources and
development for DABS Cannabis

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00:27:10,960 --> 00:27:19,200
Dispensary. Dabs is a Mississippiowned,
veteranowned company currently operating

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00:27:17,279 --> 00:27:24,723
26 locations across the state of
Mississippi. One of them currently

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00:27:21,760 --> 00:27:27,919
already located in Olive Branch.
[clears throat]

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00:27:25,600 --> 00:27:32,159
We are the we are the proud company we
have built. More importantly, we

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00:27:30,159 --> 00:27:37,279
seriously we take the serious
responsibility that comes with becoming

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00:27:34,559 --> 00:27:40,400
part of each community while we serve.
Bear with me. I am used to speaking

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00:27:38,640 --> 00:27:43,279
about compliance to employees, not the
city, but we'll get through it.

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00:27:42,409 --> 00:27:46,240
[clears throat]
I want to keep my comments tonight

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00:27:44,799 --> 00:27:50,880
focused on the purpose of Margaret
Manor's project text and one simple

282
00:27:48,159 --> 00:27:56,080
question. How will allowing dabs at
Margaret Manor improved this development

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00:27:53,120 --> 00:27:59,760
in the area of Olive Branch? Before I
address that, there is one important

284
00:27:58,080 --> 00:28:04,880
piece of the context I'd like to point
out. When Margaret Manor project tax was

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00:28:02,799 --> 00:28:09,760
adopted, the Mississippi Medical
Cannabis Act did not exist.

286
00:28:08,080 --> 00:28:14,000
There was no legal medical cannabis
program for the project text to

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00:28:12,159 --> 00:28:19,360
contemplate.
What the project text did contemplate

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00:28:16,559 --> 00:28:24,559
and already allows our retail and
healthcare uses. Today, Mississippi

289
00:28:22,159 --> 00:28:29,520
Medical cannabis program brings those
two together.

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00:28:26,960 --> 00:28:35,200
I want to emphasize one word tonight,
patients. The people we serve must have

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00:28:32,799 --> 00:28:38,880
a qualifying medical condition, receive
a medical recommendation from a

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00:28:37,039 --> 00:28:42,799
certified physician or nurse
practitioner, and then be approved by

293
00:28:41,279 --> 00:28:47,919
the Mississippi State Department of
Health before they can participate in

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00:28:45,360 --> 00:28:55,760
this program. They are recognized by the
state, the DEA, and us as patients.

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00:28:52,960 --> 00:28:59,440
This is a highly regulated industry. In
addition to the oversight through the

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00:28:57,679 --> 00:29:04,399
Mississippi State Department of Health,
dispensary is regulated by the

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00:29:01,200 --> 00:29:10,080
Department of Revenue through ABC. And
I'm happy to say that DABS has actually

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00:29:06,320 --> 00:29:14,159
completed all 26 applications as well as
completed all of our DEA audits.

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00:29:13,455 --> 00:29:18,960
[clears throat]
The regulatory environment today is very

300
00:29:16,960 --> 00:29:23,279
different from the one that existed when
Margaret Manor text was written. We

301
00:29:21,679 --> 00:29:29,279
aren't asking the city to change the
original vision for Margaret Manor. We

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00:29:25,919 --> 00:29:34,960
are asking the project text to recognize
a legal, highly regulated healthcare

303
00:29:31,520 --> 00:29:40,240
retail use that did not exist when the
vision was created. I think the best way

304
00:29:37,520 --> 00:29:43,840
to determine whether DABS belongs here
is to look at the standards of the

305
00:29:41,760 --> 00:29:47,440
project text itself that have already
been established.

306
00:29:45,679 --> 00:29:51,600
It says development within Margaret
Manor should provide supporting

307
00:29:49,520 --> 00:29:56,320
neighborhood services, enhance
surrounding property, reflect

308
00:29:53,760 --> 00:30:00,240
sensitivity to adjacent land uses,
encourage the highest quality

309
00:29:57,840 --> 00:30:05,120
development, create a unique sense of
place. Those aren't standards we created

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00:30:03,200 --> 00:30:08,559
for this presentation. They are
standards established for Margaret

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00:30:06,559 --> 00:30:12,000
Manor.
And tonight, I'd like to show you

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00:30:09,919 --> 00:30:15,520
specifically how DABS is committed to
improving each one of them.

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00:30:14,240 --> 00:30:19,360
The [snorts] first one, we will improve
neighborhood services.

314
00:30:17,760 --> 00:30:22,799
The first goal is to provide supporting
neighborhood services. This is an area

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00:30:22,230 --> 00:30:26,720
[clears throat]
where DAPS can make a real and

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00:30:24,559 --> 00:30:31,039
measurable improvement. There is
currently no medical cannabis dispensary

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00:30:28,799 --> 00:30:35,840
serving the west side of Olive Branch.
Our patient data demonstrates that the

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00:30:33,600 --> 00:30:43,279
need is already there.
Our current Olive Branch location serves

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00:30:38,799 --> 00:30:48,000
more than 3,800 patients in total.
1,66 of those patients live in Olive

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00:30:46,559 --> 00:30:51,760
Branch.
>> How many? [clears throat]

321
00:30:49,200 --> 00:30:54,960
» 1,66 of our patients actually live in
Olive Branch South. Yes, sir.

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00:30:54,326 --> 00:31:00,960
[clears throat]
>> 453 come from South Haven. And I want to

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00:30:58,880 --> 00:31:08,320
point out this is only our Olive Branch
location where our patients come from.

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00:31:04,399 --> 00:31:16,080
Um 453 come from South Haven.
five uh 358 Balia, 244 Hernando,

325
00:31:13,600 --> 00:31:22,559
157 Horn Lake,
uh 113 Nesbbit, and 108 Holly Springs.

326
00:31:21,181 --> 00:31:26,399
[clears throat] These aren't projected
customers. These are patients who

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00:31:24,399 --> 00:31:31,360
already travel to Dabs and Olive Branch
for their healthcare needs. And access

328
00:31:29,039 --> 00:31:35,760
is especially important when we consider
who these patients are. Approximately

329
00:31:34,240 --> 00:31:40,176
85%
of the patients we serve are over the

330
00:31:38,000 --> 00:31:43,760
age of 60.
[clears throat] Many people don't

331
00:31:41,360 --> 00:31:49,519
realize that these people are living
with debilitating conditions, serious

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00:31:46,559 --> 00:31:55,760
illnesses, and terminal diagnosis.
For these patients, improving access

333
00:31:51,919 --> 00:32:00,482
isn't simply about convenience.
reducing how far an elderly patient or

334
00:31:58,000 --> 00:32:06,039
someone battling a serious illness
[clears throat] to travel for the

335
00:32:02,559 --> 00:32:06,039
healthc care matters.

336
00:32:08,342 --> 00:32:13,360
[clears throat] So when we talk about
how this amendment can improve

337
00:32:11,760 --> 00:32:17,919
neighborhood services, we aren't talking
about creating a service and hoping

338
00:32:15,600 --> 00:32:23,440
people use it. The patients are already
here. The need is already here. What we

339
00:32:21,360 --> 00:32:27,337
have is the opportunity to improve
access

340
00:32:25,200 --> 00:32:31,279
at DAB's location at Margaret Manor
[clears throat] would would improve

341
00:32:29,440 --> 00:32:36,159
access for more than a thousand Olive
Branch locations we already serve while

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00:32:33,600 --> 00:32:39,519
also providing more accessible westside
location for hundreds of patients

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00:32:37,760 --> 00:32:43,840
already traveling into the Olive Branch
area from surrounding communities. At

344
00:32:42,399 --> 00:32:48,080
the same time, it gives those patients
another reason to come into this area of

345
00:32:46,159 --> 00:32:52,000
Olive Branch in particular where their
visits can benefit other businesses

346
00:32:49,919 --> 00:32:57,120
located within and around Margaret
Manor. We improve neighborhood services

347
00:32:54,559 --> 00:33:01,840
by bringing an existing needed health
care service closer to the patients who

348
00:32:59,440 --> 00:33:05,760
already depend on it. We improve
Margaret Manor by bringing an

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00:33:03,279 --> 00:33:10,000
established patient base
and additional activity into this part

350
00:33:07,440 --> 00:33:13,840
of the city. Number two, we will improve
and enhance the surrounding property.

351
00:33:12,159 --> 00:33:18,799
The second goal of the project text is
to enhance the surrounding property. For

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00:33:15,919 --> 00:33:24,080
DABS, that means something very simple.
The property should be better when we

353
00:33:21,360 --> 00:33:28,559
are there. DABs has committed to
improving the property, not simply by

354
00:33:26,399 --> 00:33:32,559
occupying the storefront. We have
committed to maintaining a clean

355
00:33:30,399 --> 00:33:36,640
professional exterior and investing in
the landscape and exterior improvement

356
00:33:34,640 --> 00:33:40,880
that will improve the the appearance of
our location and complement the

357
00:33:38,559 --> 00:33:45,519
surrounding development. We have also
committed to improving security beyond

358
00:33:42,720 --> 00:33:50,320
our own front door. [clears throat]
Doubs will extend our exterior

359
00:33:48,000 --> 00:33:54,640
surveillance coverage beyond our
immediate storefront, including

360
00:33:52,480 --> 00:33:59,039
towarding toward the neighboring area
near Pop's convenience store. We know

361
00:33:57,200 --> 00:34:03,760
that there was a robbery at POP several
years ago and while that incident was

362
00:34:01,600 --> 00:34:07,600
some time ago, it's one reason to
believe our security investment can

363
00:34:05,840 --> 00:34:12,960
provide a benefit beyond our own
location. And we've actually been able

364
00:34:09,679 --> 00:34:17,679
to assist um the police in our current
location in Olive Branch um with with

365
00:34:15,760 --> 00:34:22,240
incidents that have happened along
Goodman in front of our store as well as

366
00:34:20,079 --> 00:34:26,159
next door at Firehouse um and a few
other things that have happened. We are

367
00:34:23,839 --> 00:34:31,188
more than happy um to provide more
security for the area

368
00:34:29,168 --> 00:34:31,188
[clears throat]

369
00:34:33,440 --> 00:34:38,800
by intentionally positioning
surveillance to provide additional

370
00:34:36,720 --> 00:34:42,720
coverage of the surrounding area. DAPS
can help improve visibility and security

371
00:34:40,720 --> 00:34:47,280
for our neighbors as well as our own
patients and employees. We understand

372
00:34:44,800 --> 00:34:51,919
that becoming part that becoming part of
Margaret Manor also means accepting

373
00:34:49,520 --> 00:34:56,399
responsibility for contributing to the
quality of the overall development and

374
00:34:54,079 --> 00:35:00,640
we are committed to doing that. DAPS is
committed to improving the appearance of

375
00:34:57,920 --> 00:35:05,440
the property, improving security and
contributing to the overall quality of

376
00:35:02,880 --> 00:35:09,599
Margaret Manor. Our standard is simple.
If dads be if DABS becomes part of

377
00:35:07,359 --> 00:35:14,240
Margaret Manor, the property and area
around us should be better because we're

378
00:35:11,839 --> 00:35:18,880
there. This is how we enhance the
surrounding property.

379
00:35:16,984 --> 00:35:23,839
[clears throat]
The third, we will improve through

380
00:35:20,800 --> 00:35:28,720
thoughtful integration. The third goal
of the project text is to reflect

381
00:35:25,359 --> 00:35:32,480
sensitivity to the adjacent land uses.
To us, that means understanding that we

382
00:35:30,880 --> 00:35:36,000
aren't just investing in our own
storefront. We are becoming part of an

383
00:35:34,560 --> 00:35:39,520
existing development and our
responsibility is to improve the

384
00:35:37,599 --> 00:35:44,800
environment we share with the business
around us. Dabs is committed to being

385
00:35:42,560 --> 00:35:49,040
intentional about how our location fits
within Margaret Manor. Our landscaping

386
00:35:47,119 --> 00:35:53,040
and exterior improvements will
complement the development. Our

387
00:35:50,720 --> 00:35:57,520
expanding surveillance [clears throat]
will provide additionally additional

388
00:35:54,800 --> 00:36:01,680
visibility beyond our storefront and the
professional standards we maintain of

389
00:35:59,359 --> 00:36:07,400
our location will contribute to the
overall opinion, appearance, and

390
00:36:03,520 --> 00:36:07,400
atmosphere of the property.

391
00:36:10,880 --> 00:36:16,560
We want the businesses around us to
benefit from having dabs there. Our

392
00:36:15,200 --> 00:36:21,440
current Olive Branch location
established a patient base for more than

393
00:36:18,320 --> 00:36:24,960
3,800 people. A westside location gives
us an opportunity to bring some of those

394
00:36:23,040 --> 00:36:29,359
patients into Margaret Manor,
introducing them to not only Gabs, but

395
00:36:27,119 --> 00:36:33,440
to the businesses around us. We want our
patients to discover those businesses.

396
00:36:31,440 --> 00:36:38,240
We want our presence to contribute to
the activity within development and we

397
00:36:36,160 --> 00:36:42,480
want the investment [clears throat]
we make in our in this property to

398
00:36:40,480 --> 00:36:47,160
contribute to the experience of everyone
who works, shops or visits there.

399
00:36:49,040 --> 00:36:55,040
That is what sensitivity to adjacent
land use means to us. Recognizing that

400
00:36:53,119 --> 00:36:59,040
our success should contribute to the
success of the development around us. We

401
00:36:57,440 --> 00:37:02,880
aren't coming to Margaret Manor simply
to look for a place to operate. We are

402
00:37:01,119 --> 00:37:07,359
coming with a commitment to be a good
neighbor, make meaning meaningful

403
00:37:04,800 --> 00:37:11,920
improvements and become an asset to the
business and properties around us.

404
00:37:10,000 --> 00:37:16,240
Number four,
we will improve the quality of the

405
00:37:13,599 --> 00:37:19,760
development.
The fourth goal of the project taxis is

406
00:37:18,160 --> 00:37:23,760
to encourage the highest quality
development. I think this is one of the

407
00:37:22,160 --> 00:37:28,320
most important things we can offer the
board tonight [clears throat] and that

408
00:37:26,160 --> 00:37:32,720
is you don't have to speculate about the
quality of business DAPs will bring to

409
00:37:29,920 --> 00:37:37,040
Margaret Manor. We can show you. We
already operate 26 locations across

410
00:37:35,119 --> 00:37:41,040
Mississippi and have established
standards for what DAPs location should

411
00:37:38,880 --> 00:37:44,960
look like, how it should operate, and
how it should represent the community

412
00:37:42,480 --> 00:37:49,359
around us. Our locations are designed to
provide professional healthc care

413
00:37:46,960 --> 00:37:54,160
focused environment that is clean,
secure, attractive, and professionally

414
00:37:51,760 --> 00:37:58,960
maintained. We invest in the appearance
of our property's landscaping technology

415
00:37:56,240 --> 00:38:03,520
and extensive security systems. We even
position our computer monitors so that

416
00:38:01,119 --> 00:38:07,520
patients can see what our employees see
during a transaction because

417
00:38:05,280 --> 00:38:10,520
transparency is part of the standard we
expect.

418
00:38:12,560 --> 00:38:18,400
But the quality of a development is more
[clears throat] is more than what you

419
00:38:16,240 --> 00:38:23,006
see from the outside. It's also the
quality of the business operating

420
00:38:19,839 --> 00:38:26,000
inside. DABS has established companywide
[clears throat]

421
00:38:23,680 --> 00:38:30,560
standing standard operating procedures,
operations manual, employee handbook,

422
00:38:28,800 --> 00:38:34,560
structured employee training, and
ongoing leadership development. Our

423
00:38:32,880 --> 00:38:40,480
locations are subject to regular
compliance audits by their directors

424
00:38:37,839 --> 00:38:44,560
each each month. We continually train
our employees and leadership because

425
00:38:42,000 --> 00:38:48,320
maintaining a high quality operation
requires more than just opening doors.

426
00:38:46,400 --> 00:38:53,520
It requires continually maintaining the
standard. Our investment in security is

427
00:38:51,040 --> 00:38:57,040
extensive. Our products are laboratory
tested accompanied by certificate of

428
00:38:55,119 --> 00:39:01,119
analysis and tracked from a seed to
sales system through the [clears throat]

429
00:38:58,480 --> 00:39:05,599
Mississippi regulated system. We heavily
invest in our people.

430
00:39:03,920 --> 00:39:10,160
We believe quality development should
create quality employment and DABs has

431
00:39:08,000 --> 00:39:14,800
made competitive wages. We actually have
the highest wages in the state.

432
00:39:12,787 --> 00:39:17,760
[clears throat] Um employee development
and opportunities for advancement are

433
00:39:16,640 --> 00:39:22,160
part of our investment in the
communities where we operate.

434
00:39:20,240 --> 00:39:26,400
These are not things we are we are
proposing to someday create for Margaret

435
00:39:24,480 --> 00:39:30,200
Manor. They are standards we already
operate under today.

436
00:39:32,880 --> 00:39:39,680
State regulation establishes what we are
required to do. DABS establishes the

437
00:39:37,839 --> 00:39:43,280
standards that we expect oursel of
ourselves and we are committed to

438
00:39:41,839 --> 00:39:47,200
bringing that same standard to Margaret
Manor. When the project text calls for

439
00:39:45,599 --> 00:39:51,520
the highest quality development, we
believe that means attracting businesses

440
00:39:49,359 --> 00:39:55,280
that will invest in their property,
invest in their employees, operate

441
00:39:53,359 --> 00:39:59,680
professionally, hold themselves
accountable, and continually work to

442
00:39:57,200 --> 00:40:03,599
improve. That is the kind of business
DABS has already built and that is the

443
00:40:02,079 --> 00:40:08,880
quality of development we are committed
to bringing to Margaret Manor.

444
00:40:06,400 --> 00:40:13,839
And the last one, we will help improve
and create a unique sense of place.

445
00:40:12,000 --> 00:40:18,320
The final goal of the project text is to
create a unique sense of place to dabs.

446
00:40:16,560 --> 00:40:22,800
A sense of place isn't something a
business creates by simply putting up a

447
00:40:20,079 --> 00:40:27,280
sign or improving a building. A sense of
place is created when businesses become

448
00:40:25,040 --> 00:40:30,640
invested in the people and the
organizations that make the community

449
00:40:29,119 --> 00:40:34,880
unique.
And in Olive Branch, we have already

450
00:40:32,480 --> 00:40:39,359
started to do that. DAPS has made
monetary donations to the local American

451
00:40:36,960 --> 00:40:44,240
Legion Hall, supporting an organization
that serves veterans and the families of

452
00:40:41,839 --> 00:40:48,160
this community. But that relationship
became more became more than a donation.

453
00:40:47,763 --> 00:40:51,760
» [clears throat]
>> I was invited to speak with local

454
00:40:49,920 --> 00:40:56,640
veterans to provide education about
cannabis and the medical cannabis

455
00:40:53,680 --> 00:41:00,880
program. I also understand that a young
lady uh from Olive Branch had the

456
00:40:58,960 --> 00:41:05,920
opportunity to represent Mississippi in
Washington through the American Legion

457
00:41:03,040 --> 00:41:11,440
Auxiliary Girls National Program. That's
a great example of why we believe

458
00:41:07,839 --> 00:41:16,480
supporting local organizations matters.
The impact

459
00:41:13,440 --> 00:41:21,760
those organizations make reaches far
beyond any one donation

460
00:41:19,839 --> 00:41:25,839
and our commitment isn't limited to one
donation or one type of cause. We see

461
00:41:24,160 --> 00:41:29,920
tremendous value in supporting many
different types of organizations because

462
00:41:27,920 --> 00:41:34,160
every community has different needs.
During Christmas, we we have held toy

463
00:41:31,839 --> 00:41:37,599
drives to support local families. When
we learned about individual families or

464
00:41:36,079 --> 00:41:42,160
in Olive Branch who were struggling or
needed help, DAPS has donated directly

465
00:41:39,760 --> 00:41:47,119
to the members of this community. Across
our company, the same philosophy has led

466
00:41:44,079 --> 00:41:51,680
us to support veterans, law enforcement,
and first responders, animal shelters,

467
00:41:49,359 --> 00:41:56,319
blood drives, children's organizations,
community cleanups, family in need, and

468
00:41:54,000 --> 00:42:00,960
other local causes. We don't believe
community involvement should fit into

469
00:41:58,560 --> 00:42:05,839
one category. We believe in identifying
where we can make a difference and

470
00:42:02,480 --> 00:42:10,960
showing up. That is creating a sense of
place for us. It means knowing your

471
00:42:09,119 --> 00:42:16,560
community around you. It means
participating in it. It means supporting

472
00:42:13,280 --> 00:42:21,920
the organizations that it serves and it
means recognizing when someone in that

473
00:42:18,880 --> 00:42:25,599
community simply needs help. We are
already doing those things in Olive

474
00:42:23,359 --> 00:42:29,680
Ranch. Margaret Manor gives us another
opportunity to deepen that commitment

475
00:42:27,920 --> 00:42:33,929
and improve our connection to the west
side of this community.

476
00:42:31,909 --> 00:42:33,929
[clears throat]

477
00:42:34,400 --> 00:42:40,640
We want to invest in the people around
it because when business because when

478
00:42:39,200 --> 00:42:44,480
businesses invest in people,
organizations, and needs of the

479
00:42:42,480 --> 00:42:48,939
community around them, they don't simply
occupy a place. They become part of what

480
00:42:46,480 --> 00:42:52,319
makes it special.
[clears throat]

481
00:42:50,560 --> 00:42:58,480
I want to close by going back to the
first question I asked at the beginning.

482
00:42:55,760 --> 00:43:02,880
How will allowing dabs
at Margaret Manor improve this

483
00:43:00,160 --> 00:43:07,280
development in the area of Olive Branch?
I believe we've answered that tonight.

484
00:43:05,520 --> 00:43:10,960
We will improve neighborhood services by
bringing needed healthcare access to the

485
00:43:08,880 --> 00:43:14,880
west side of Olive Branch, particularly
a patient population that is

486
00:43:12,480 --> 00:43:19,520
overwhelmingly over the age of 60 and
includes people living with debilitating

487
00:43:16,560 --> 00:43:24,000
internal dis illnesses. We will improve
the surrounding property through the

488
00:43:21,520 --> 00:43:28,319
commitments we have made to landscaping,
exterior improvements, professional

489
00:43:25,760 --> 00:43:32,800
appearance, and security that extends
beyond our own front door.

490
00:43:30,880 --> 00:43:36,560
We will improve the environment we share
with adjacent businesses by being a good

491
00:43:34,960 --> 00:43:40,960
neighbor, bringing an established
patient base to the development, and

492
00:43:38,960 --> 00:43:45,040
making investments that contribute to
the success of the area around us. We

493
00:43:43,760 --> 00:43:49,040
will improve the quality of the
development by bringing a proven

494
00:43:46,800 --> 00:43:53,680
Mississippi company with established
operating standards, extensive training

495
00:43:51,200 --> 00:43:57,440
and oversight, strong security, quality,
employment, and a commitment to

496
00:43:55,520 --> 00:44:01,920
continually raising the standard we
expect of ourselves.

497
00:43:59,920 --> 00:44:06,319
And we will improve the sense of place
by continuing what we have already

498
00:44:03,760 --> 00:44:10,960
started in Al branch. Investing in its
people, supporting its organizations,

499
00:44:08,960 --> 00:44:16,400
helping its families, and showing up
when the community needs us.

500
00:44:14,720 --> 00:44:19,680
Those are the five goals established in
the Margaret Manor project text.

501
00:44:18,675 --> 00:44:24,119
[clears throat and snorts]
And DABs approves each one of them.

502
00:44:25,760 --> 00:44:32,000
We are simply asking for an opportunity
to bring that same commitment to the

503
00:44:29,920 --> 00:44:37,119
west side of the city. If you approve
this amendment, our commitment to you is

504
00:44:34,160 --> 00:44:42,720
simple. Margaret M. Margaret Manor will
be better if we are there. We will

505
00:44:40,000 --> 00:44:46,720
enhance Margaret Manor. We respectfully
ask for your approval. And now I can

506
00:44:44,960 --> 00:44:49,839
check this off my bucket list. Thank
you.

507
00:44:47,839 --> 00:44:54,000
» Thank you. Thank you, board. Any
questions of the applicant? If I'm not

508
00:44:52,000 --> 00:44:57,839
mistaken, your location on the east side
is at Hacks Cross at the Solar Road.

509
00:44:56,319 --> 00:45:02,400
It's on Hacks Cross. Correct.
>> It's um on the It's It's actually on off

510
00:45:00,400 --> 00:45:08,520
of Old Goodman Road. It's a little past
Hack Cross. It's right next to um

511
00:45:04,480 --> 00:45:08,520
Firehouse Subs. Domino's.

512
00:45:08,880 --> 00:45:14,480
» Okay. Have you served what like 3,800?
You said 3,800 patients so far?

513
00:45:13,920 --> 00:45:16,240
» Yes, sir.
>> Okay.

514
00:45:14,800 --> 00:45:18,240
» We've we've been there um it was two
years in July.

515
00:45:17,520 --> 00:45:24,400
» Okay.
>> Yes, sir. Is this number 85% of patients

516
00:45:21,440 --> 00:45:28,079
over age of 60 is that consistent in
other counties and statewide or is that

517
00:45:26,400 --> 00:45:32,160
unique with this area?
>> That that is that is definitely um our

518
00:45:30,720 --> 00:45:34,960
experience statewide.
>> Okay.

519
00:45:32,640 --> 00:45:39,760
» If you if you pull um I believe the
Mississippi State Department of Health

520
00:45:36,880 --> 00:45:41,839
also has a breakdown by age group. If
you pulled that information,

521
00:45:41,520 --> 00:45:45,520
» okay,
>> you can see it there as well. Is that

522
00:45:43,599 --> 00:45:48,720
one of the requirements if you go in
there what age you are

523
00:45:47,359 --> 00:45:55,040
» or you have to I show you I do.
>> Yeah. Um so to before you to get your

524
00:45:51,920 --> 00:45:58,079
permit you have to be um 21 years old.
Okay.

525
00:45:55,359 --> 00:46:02,880
» With two doctor recommendations. If you
only you have to wait until you're 25 if

526
00:46:01,119 --> 00:46:04,560
you want to only have to get one doctor
recommendation.

527
00:46:03,760 --> 00:46:11,520
» Okay.
>> I wonder how you came up with the 85%

528
00:46:08,079 --> 00:46:16,800
over 60. Are y'all collecting that data?
So 85%

529
00:46:13,920 --> 00:46:20,960
of those 3,800 people are over the age
of 60 that have come to visit us.

530
00:46:20,000 --> 00:46:24,400
» I think his question
>> I think his question is how do you

531
00:46:22,560 --> 00:46:28,319
collect that? How do you obtain?
>> We have a a point of sales system where

532
00:46:26,640 --> 00:46:32,319
we have to enter all the patient
information when they come in and it

533
00:46:30,400 --> 00:46:35,760
it's it's just like a doctor's office
that we have to include all of your

534
00:46:34,000 --> 00:46:39,680
personal information, your patient
number and it actually connects to the

535
00:46:37,440 --> 00:46:44,087
state system and so we have all of that
information in our system. Okay.

536
00:46:41,440 --> 00:46:46,000
» Yes, sir.
[clears throat]

537
00:46:44,319 --> 00:46:48,480
» Ma'am, I had two quick questions. I'm
sorry I didn't I didn't catch your name

538
00:46:47,520 --> 00:46:50,800
when you first started.
>> My name is Amy Silio.

539
00:46:50,000 --> 00:46:53,520
» Amy, thank you.
>> Yes, sir.

540
00:46:51,280 --> 00:46:55,280
» Um, you operate 26 locations in the
state of Mississippi, right?

541
00:46:54,720 --> 00:46:58,000
» That's correct.
>> And how long has DABS been in business?

542
00:46:57,280 --> 00:46:59,280
» Three years.
>> Three. Okay.

543
00:46:58,720 --> 00:47:02,480
» Yes, sir.
>> How many employees do you have?

544
00:47:01,200 --> 00:47:05,599
» Almost 200.
>> 200.

545
00:47:03,359 --> 00:47:07,920
» 200. Yes, sir. We'll actually be opening
in Oxford, so we'll be on Monday.

546
00:47:07,680 --> 00:47:11,760
» Okay.
>> We'll be adding to that as well. Are you

547
00:47:10,000 --> 00:47:14,240
operating in any other states or just
Mississippi?

548
00:47:12,319 --> 00:47:19,680
» No sir, we are only Mississippi and we
our our owners um Tony Wallace and Bobby

549
00:47:16,560 --> 00:47:22,640
Britain um are Mississippi uh gentlemen
and will not go out of Mississippi.

550
00:47:21,440 --> 00:47:28,280
» Okay. Thank you.
>> Yes, sir.

551
00:47:24,800 --> 00:47:28,280
» Additional questions.

552
00:47:29,760 --> 00:47:33,000
» Thank you.

553
00:47:33,119 --> 00:47:40,560
This is a public comment item, but I do
not see any comment cards. But is anyone

554
00:47:38,160 --> 00:47:44,200
here to speak for or against this
proposed application?

555
00:47:44,800 --> 00:47:50,280
Seeing none, public comment section is
now closed

556
00:47:51,839 --> 00:47:56,920
board. Any discussion, questions or
motions?

557
00:47:57,920 --> 00:48:03,839
I'll make a motion to approve as
presented.

558
00:48:01,839 --> 00:48:07,599
Motion to approve as presented by
Alderman Dickerson. Is there a second?

559
00:48:06,400 --> 00:48:11,760
» Second.
>> Second. Alman Earhart. Any discussion?

560
00:48:10,640 --> 00:48:13,280
All in favor?
>> I.

561
00:48:12,319 --> 00:48:19,319
» All opposed?
>> No.

562
00:48:15,040 --> 00:48:19,319
» Eyes have it. The motion carries.

563
00:48:19,440 --> 00:48:25,040
Next item, please.
Public hearing for consideration of

564
00:48:23,440 --> 00:48:29,359
appeal
of board of zoning adjustment decision

565
00:48:27,040 --> 00:48:34,000
regarding application for a conditional
use permit submitted by Greg Smith of

566
00:48:31,440 --> 00:48:40,240
Civil Link on behalf of property owner
CIP LLC. The request is to permit a

567
00:48:37,599 --> 00:48:46,720
dropyard facility to be constructed for
a period of 10 years. The 35.0 0 plus or

568
00:48:43,839 --> 00:48:50,960
minus acre subject property is zone M1
light industrial district and is located

569
00:48:48,559 --> 00:48:58,240
on the west side of Ross Road and on the
north side of Nail Road. Staff report

570
00:48:54,640 --> 00:49:03,280
please uh Dr. Song. Mayor Adman before
you is a request to consider an appeal

571
00:49:01,040 --> 00:49:09,599
of a board of zoning adjustment decision
as you did uh mention

572
00:49:06,640 --> 00:49:14,319
regarding a drop yard at this particular
location. So this is N road. [snorts]

573
00:49:11,760 --> 00:49:19,680
This is highway 305
and this is N road. So the property

574
00:49:17,760 --> 00:49:25,119
you're looking at is actually a
combination of a number of existing

575
00:49:21,920 --> 00:49:31,200
parcels. It is not a platter lot. There
are multiple parcels which put together

576
00:49:28,319 --> 00:49:37,440
make up that 35 acres and it's right
there at the end of the improved uh

577
00:49:34,800 --> 00:49:43,680
section of the ride of whale of N road.
Just south to the piece of property is

578
00:49:40,079 --> 00:49:50,079
an industrial warehouse. Uh FedEx is at
this location. GXO is right here. And to

579
00:49:47,599 --> 00:49:55,280
the north of the property, you have West
Sandwich Road and their residential

580
00:49:52,319 --> 00:49:59,599
developments in this particular area. So
there's a general area in the city that

581
00:49:57,520 --> 00:50:05,359
we're looking at with regard to this
request for a conditional use permit for

582
00:50:02,240 --> 00:50:12,000
the dropyard in the M1 Light Industrial
District. So the property is zoned M1

583
00:50:09,280 --> 00:50:18,400
light indust light light manufacturing
or industrial district. It allows dropy

584
00:50:15,520 --> 00:50:23,359
yards as a conditional use. What this
means is the applicant must go to the

585
00:50:20,880 --> 00:50:28,240
board of zoning adjustment and get
approval for a conditional use permit.

586
00:50:25,760 --> 00:50:34,319
To get that approval, the applicant has
to meet all the general conditions for a

587
00:50:31,200 --> 00:50:40,720
conditional use permit. But also dropy
in the M1 and in the M2 district have

588
00:50:37,520 --> 00:50:46,160
about nine very specific conditions to
them that the applicant is also required

589
00:50:43,680 --> 00:50:50,640
to meet all of them. So they are the
general five or seven general criteria

590
00:50:48,559 --> 00:50:56,079
for a conditional use permit and then
they are the specific criteria for the

591
00:50:53,359 --> 00:51:00,480
job just as we have specific criteria
for things like convenience stores with

592
00:50:58,160 --> 00:51:05,920
fuel pumps or or truck stops in the city
that the applicant is also required to

593
00:51:03,200 --> 00:51:11,760
meet all of them. So the request before
you basically this is an appeal of the

594
00:51:08,720 --> 00:51:20,559
board of zoning adjustment decision.
The applicant had requested

595
00:51:15,040 --> 00:51:27,200
to construct a 252 parking spot dropyard
will be a 24/7 operation valid for 10

596
00:51:24,400 --> 00:51:31,520
years at this particular location. This
is the site plan that was proposed. The

597
00:51:29,440 --> 00:51:36,800
board of zoning adjustment reviewed this
application at its meeting on June 11,

598
00:51:34,000 --> 00:51:41,280
2026 and determined that the applicant
had not met all the conditions of the

599
00:51:38,880 --> 00:51:48,559
conditional use permit. As such, the
board denied the application. The

600
00:51:44,319 --> 00:51:57,200
applicant appealed that decision to you
within uh the 10 days appeal period.

601
00:51:55,520 --> 00:52:01,200
When appeals of board of zoning
decisions are brought before the board

602
00:51:58,960 --> 00:52:04,160
of arament the board years that
application are fresh as if nothing

603
00:52:03,119 --> 00:52:09,760
happened at the board of zoning
adjustment. Basically, as such, the

604
00:52:07,359 --> 00:52:15,760
presentation before you will go through
the same conditions of review that the

605
00:52:12,720 --> 00:52:19,520
board of zoning adjustment had and
present why the board of zoning

606
00:52:17,920 --> 00:52:24,319
adjustment made the decision that it
made it made and the board of man will

607
00:52:22,160 --> 00:52:29,680
have the opportunity to make its own
decision that will either override or

608
00:52:27,440 --> 00:52:33,920
sustain maintain the board of zoning
adjustments decision. The applicant has

609
00:52:32,079 --> 00:52:38,800
to prove the burden of proof is on the
applicant and the applicant has to prove

610
00:52:36,079 --> 00:52:43,200
that all conditional use permit criteria
stipulated in the zoning ordinance with

611
00:52:40,960 --> 00:52:47,839
regard to drop yards have been met. So
the question before the board really is

612
00:52:45,920 --> 00:52:53,200
have all those conditions been met. The
first criteria is whether the proposed

613
00:52:50,720 --> 00:52:58,559
conditional use will adversely affect
the character of the area. This is the

614
00:52:56,000 --> 00:53:04,160
subject property under consideration.
There are two main elements or three

615
00:53:01,440 --> 00:53:08,079
that define the specific character of
this area. You've got the industrial

616
00:53:06,400 --> 00:53:12,880
piece.
So there's an industrial character

617
00:53:10,319 --> 00:53:16,480
element to this.
So I did mention you have FedEx here.

618
00:53:14,480 --> 00:53:21,920
You have the ID industrial warehouse
building all of those to the south. You

619
00:53:19,680 --> 00:53:27,040
also have adjoining this piece of
property to the north single family

620
00:53:24,160 --> 00:53:33,839
residential homes.
So this area in yellow contains single

621
00:53:30,640 --> 00:53:38,319
family residential homes.
The board of zoning adjustment did look

622
00:53:35,520 --> 00:53:45,040
at this particular application
along craft. This is the location that

623
00:53:40,960 --> 00:53:48,800
has been proposed for the career tech.
The board of zoning adjustment looked at

624
00:53:46,880 --> 00:53:54,079
this particular application and
determined that while a dropyard may be

625
00:53:52,079 --> 00:53:57,760
fitting in the character of an
industrial area in the sense that it may

626
00:53:56,160 --> 00:54:02,079
take businesses, you know, you have
trucks going into an industrial park, it

627
00:53:59,839 --> 00:54:08,400
may provide an area additional area for
those trucks to park. Locating a truck a

628
00:54:05,760 --> 00:54:11,920
a a drop yard basically in the backyard
of a single f of single family

629
00:54:10,000 --> 00:54:15,760
residential development is not
appropriate.

630
00:54:13,440 --> 00:54:21,119
Uh there is not an area in the city
where you have a dropy yard directly

631
00:54:17,760 --> 00:54:25,280
behind single family residential homes.
That was the determination of the board

632
00:54:23,280 --> 00:54:30,720
of zoning adjustment with regard to the
character of the area. If the property

633
00:54:27,760 --> 00:54:34,800
were totally surrounded by industrial
uses and you had no residential

634
00:54:32,880 --> 00:54:40,480
development out there, it could be
appropriate. when you have trucks going

635
00:54:37,119 --> 00:54:44,240
in in a 247 operation, you have the
beeping sounds, the noise and all of

636
00:54:42,319 --> 00:54:49,280
that that is not conducive for
residential living for example. So that

637
00:54:47,359 --> 00:54:54,400
was a determination that board of zoning
adjustment made. The second is whether

638
00:54:52,240 --> 00:55:00,240
the proposed conditional use will overt
tax public utilities or community

639
00:54:57,040 --> 00:55:04,640
facilities. Water sewer is available in
the general area of the property. The

640
00:55:02,400 --> 00:55:09,599
board did not determine that it will
overt tax any of those utilities.

641
00:55:07,920 --> 00:55:13,839
Whether the proposed conditional use
will substantially increase traffic

642
00:55:11,520 --> 00:55:17,760
congestion or other hazards. This was a
question that the board wrestled with in

643
00:55:15,920 --> 00:55:24,400
the sense that although you have this in
an industrial area, is it the case for

644
00:55:20,400 --> 00:55:29,920
example that traffic for trucks going
down on 305 entering into particular

645
00:55:27,280 --> 00:55:36,400
this intersection could increase in any
significant way because of additional

646
00:55:33,040 --> 00:55:42,400
trucks. You have 254 parking spots that
will be accessing uh going down on 305

647
00:55:40,160 --> 00:55:47,920
going in on nail to park at this
particular location. Basically one way

648
00:55:44,160 --> 00:55:52,160
in one way out is this is this there was
no traffic studied in front of the board

649
00:55:49,520 --> 00:55:58,160
of zoning adjustment that made the case
um against any kind of increase in

650
00:55:54,960 --> 00:56:01,440
traffic. It is certain that of course
there will be trucks there that are

651
00:55:59,520 --> 00:56:06,400
already possibly using that industrial
park that you can have additional trucks

652
00:56:04,240 --> 00:56:11,920
just as you have in other jobs in the
city along highway old highway 78 for

653
00:56:09,359 --> 00:56:15,520
example. There are jobs there and trucks
constantly go in and out simply because

654
00:56:14,000 --> 00:56:18,640
they want to use a job. They are not
going to any of the industrial

655
00:56:16,640 --> 00:56:22,640
buildings.
The fourth is whether the proposed

656
00:56:20,799 --> 00:56:28,880
conditional use will increase the danger
of fire, flood or otherwise endanger the

657
00:56:25,200 --> 00:56:34,720
public health safety or general welfare.
The character of the area falls into the

658
00:56:31,839 --> 00:56:39,920
general welfare argument and I will also
touch on this on one of the specific

659
00:56:36,480 --> 00:56:43,920
conditions that applies to the state of
roads and the general welfare of the

660
00:56:41,280 --> 00:56:47,200
city when it comes to jobyards in
general.

661
00:56:45,599 --> 00:56:50,720
with the proposed conditional use
substantially diminish or impair

662
00:56:48,640 --> 00:56:54,640
property values of adjacent properties
or the neighborhood. There was no

663
00:56:52,799 --> 00:56:58,079
evidence submitted by the applicant in
front of the board of zoning adjustment

664
00:56:56,000 --> 00:57:03,200
to the contrary and the board was
concerned that would drop yardage behind

665
00:57:00,480 --> 00:57:06,720
single family residential homes. That is
concerning

666
00:57:04,720 --> 00:57:09,920
with a proposed conditional use comply
with the recommendations of the

667
00:57:08,000 --> 00:57:13,920
comprehensive plan 2040. The
comprehensive plan designates the

668
00:57:11,520 --> 00:57:17,920
property as industrial distribution.
Industrial distribution of course can

669
00:57:15,680 --> 00:57:22,400
include industrial warehouse buildings.
Doesn't necessarily have to be uh

670
00:57:20,079 --> 00:57:26,160
dropyards. A dropyard of course is an
industrial operation. It would align

671
00:57:24,160 --> 00:57:31,920
with a comprehensive plan. But a
comprehensive plan is not limited. The

672
00:57:28,079 --> 00:57:36,720
board found uh only to drops. You could
have other industrial distribution

673
00:57:34,720 --> 00:57:40,319
buildings at that particular location.
And there is sufficient land area for

674
00:57:38,799 --> 00:57:45,960
example in this particular area where
you could put up a building and be

675
00:57:42,000 --> 00:57:45,960
outside of the ditch.

676
00:57:46,079 --> 00:57:53,920
With regard to specific conditions that
are applicable to tractor trailer

677
00:57:51,680 --> 00:57:59,200
storage yards in the M1 zoning district,
not M2, please this should be M1. It's a

678
00:57:56,400 --> 00:58:04,319
typo. Uh district with regard to those
specific conditions that are applicable

679
00:58:01,440 --> 00:58:07,359
to jobyards. The applicant shall submit
a development plan for approval

680
00:58:05,839 --> 00:58:11,200
conforming to the requirements of the
design review ordinance except as the

681
00:58:09,760 --> 00:58:15,920
requirements of that ordinance may be
amended by the specific provisions. So

682
00:58:14,000 --> 00:58:23,440
this is a site plan that was submitted
by the applicant. It did show so the

683
00:58:19,359 --> 00:58:30,400
area the dark area here those that is
basically the drive aisles and all of

684
00:58:26,160 --> 00:58:36,720
those lines those are the five 252
uh parking stores. So this is proposed

685
00:58:33,119 --> 00:58:42,480
to be paved initially while the parking
stalls are proposed to be gravel and to

686
00:58:39,920 --> 00:58:48,480
be a different surface not paved uh
surface and then um fully paved over

687
00:58:45,920 --> 00:58:53,599
time.
24-hour

688
00:58:50,319 --> 00:58:56,559
uh on-site management shall be provided
located in a permanent building

689
00:58:55,200 --> 00:59:00,240
conforming to the requirements of the
design review ordinance. The board of

690
00:58:58,400 --> 00:59:03,440
adjustment may wave this provision upon
the applicant demonstrating that

691
00:59:01,839 --> 00:59:08,000
alternate management and security
provisions will be provided. Most of

692
00:59:05,760 --> 00:59:12,880
these dropy yards these days really do
not provide an office building in the

693
00:59:10,480 --> 00:59:17,040
front that is managed with a guard
because these days you can have cameras

694
00:59:14,960 --> 00:59:20,799
and monitor them from anywhere. That's
that's the way most of them operate and

695
00:59:18,880 --> 00:59:26,319
the border zoning adjustment took that
into consideration.

696
00:59:23,359 --> 00:59:30,720
All areas used for access, maneuvering,
standing, parking and old display of

697
00:59:28,640 --> 00:59:36,079
vehicles, trucks, trailers, heavy
equipment and cargo containers shall be

698
00:59:33,520 --> 00:59:40,960
paved. This is mandatory. It's a shall
shall be paved with Portland cement or

699
00:59:38,319 --> 00:59:45,839
asphaltic concrete surface. The zoning
ordinance is very specific on how this

700
00:59:43,280 --> 00:59:48,640
has to be done. Uh it was found the
board of zoning adjustment determined

701
00:59:47,280 --> 00:59:51,640
that the applicant did not meet that
requirement.

702
00:59:52,559 --> 00:59:59,119
Fifth, the party conducting the use
shall be responsible for any off-site

703
00:59:57,040 --> 01:00:03,280
improvements, water, sanitary, sea wage,
drainage or road improvements as

704
01:00:00,960 --> 01:00:08,880
determined by the city engineer required
to make the subject side usable for the

705
01:00:06,240 --> 01:00:14,559
proposed use. The fire department
reviewed this application and determined

706
01:00:10,880 --> 01:00:19,040
that for this number of um truck parking
spaces, it would be necessary to have

707
01:00:17,200 --> 01:00:22,640
fire hydrants out there. If you had a
situation where any of those trucks

708
01:00:20,400 --> 01:00:27,040
caught on fire, you you will need to
have fire hydrants installed across this

709
01:00:25,520 --> 01:00:33,400
particular piece of property. The site
plan did not include the provision of

710
01:00:29,920 --> 01:00:33,400
those utilities

711
01:00:33,920 --> 01:00:41,280
with regard this condition is important.
The party conducting the use sha shall

712
01:00:39,440 --> 01:00:44,720
submit a performance guarantee
acceptable to the city in an amount and

713
01:00:43,200 --> 01:00:49,040
for the time period established by the
city engineer to guarantee that the city

714
01:00:47,040 --> 01:00:54,480
streets are properly maintained to city
specifications as long as the proposed

715
01:00:51,599 --> 01:00:59,359
use is operated from the subject site
with the permission of the mayor. U this

716
01:00:57,839 --> 01:01:03,680
is a letter that the mayor had sent out
to the board and it was also available

717
01:01:01,680 --> 01:01:07,920
to the board of zoning adjustment back
in 2024. It was available to the board

718
01:01:06,079 --> 01:01:12,480
of zoning adjustment at the time that
the board reviewed this particular

719
01:01:09,520 --> 01:01:19,839
application. It beautifully analyzed the
impact of tractor or dropyard on public

720
01:01:16,799 --> 01:01:26,720
streets in the city and what general
welfare benefit that has or does not

721
01:01:23,359 --> 01:01:31,280
have to the city of Olive Branch. Uh for
example, large trucks damage the streets

722
01:01:29,040 --> 01:01:35,359
of Olive Branch. service made of the
streets where drop lots are currently

723
01:01:33,040 --> 01:01:38,880
located and adjacent streets reflect
damages likely made by heavy loaded

724
01:01:37,119 --> 01:01:43,760
trucks. Loaded trucks weigh
approximately $80,000 and damaged

725
01:01:41,599 --> 01:01:48,720
streets. In the last 24 months, if you
look at 2024, the city has spent spent

726
01:01:46,319 --> 01:01:53,680
over $12 million res resurfacing
roadways, have a multi-year plan in

727
01:01:51,280 --> 01:02:01,200
progress to continue resurfacing streets
and additional damages to to to the

728
01:01:56,480 --> 01:02:01,200
streets which was just not called for.

729
01:02:01,680 --> 01:02:10,640
The subject side shall not be visible
from any adjacent public street or

730
01:02:07,119 --> 01:02:17,680
residential area. If it is adjust
visible then the applicant is required

731
01:02:12,799 --> 01:02:23,920
to provide a 20 ft high bum to buffer
the residential area or the street from

732
01:02:20,720 --> 01:02:27,839
the dropyard. They exist a bum on nar
road. So it is more than 20 ft high.

733
01:02:25,680 --> 01:02:31,200
From near road you'll not be able to see
the trucks parked on this particular

734
01:02:29,520 --> 01:02:36,000
piece of property but from the
residential area to the north it will be

735
01:02:33,760 --> 01:02:42,799
visible and the site plan did not
include such a 20 ft high bum.

736
01:02:40,880 --> 01:02:49,440
The board of zoning adjustment therefore
on June 11, 2026 reviewed this

737
01:02:46,319 --> 01:02:55,440
application and determined that all the
criteria have not been met. As such it

738
01:02:52,400 --> 01:03:00,240
denied the request based on two main
elements. One adverse impact on

739
01:02:58,160 --> 01:03:05,440
character of the area with regard to the
residential area to the north. You also

740
01:03:03,119 --> 01:03:11,839
have a career tech proposed within that
particular area beautiful building and

741
01:03:08,240 --> 01:03:15,680
the board wrestled with a question of
um should you have a building with this

742
01:03:13,920 --> 01:03:19,839
aesthetic
looking this way and then within the

743
01:03:17,920 --> 01:03:24,559
same general vicinity you have a
dropyard. Secondly, the nonconformance

744
01:03:22,720 --> 01:03:28,240
with the zoning ordinance, the design
review ordinance. There are a number of

745
01:03:26,000 --> 01:03:33,359
elements in there that the plan
submitted to the city did not meet those

746
01:03:30,480 --> 01:03:39,520
elements with regard to the paving of
the the the dropyard of it has to be

747
01:03:35,920 --> 01:03:44,559
paved. Provision of the bum,
non visibility from the residential

748
01:03:41,520 --> 01:03:50,559
area, landscape plans and fire
protection measures. These were not

749
01:03:46,640 --> 01:03:54,480
provided to the board.
the recommendations before the board of

750
01:03:52,400 --> 01:03:59,839
adamant. The board has a number of
options that it can consider. The first

751
01:03:56,960 --> 01:04:04,240
is upon finding that all the criteria of
the conditional use permit application

752
01:04:01,440 --> 01:04:09,920
have not been met, the board may affirm
the decision of the board of adjustment.

753
01:04:07,440 --> 01:04:14,559
Secondly, upon the board of adamant's
finding that all the criteria have been

754
01:04:12,000 --> 01:04:18,720
met, the board may approve the request
for a conditional use permit at this

755
01:04:16,720 --> 01:04:22,960
particular location for the 10 years or
less. The board has the option of

756
01:04:21,119 --> 01:04:31,200
reducing the number of years if the
board so desires subject to a number of

757
01:04:25,599 --> 01:04:35,119
conditions uh 1 through 10 as provided
hearing. That concludes staff's

758
01:04:32,559 --> 01:04:39,760
presentation. Thank you.
>> Thank you Dr. Song. board. Any questions

759
01:04:37,280 --> 01:04:42,640
regarding the staff report?
>> Thank you.

760
01:04:40,400 --> 01:04:48,720
» How close are
how close are they to the homes on Ross

761
01:04:45,039 --> 01:04:52,240
and uh Sandage? Don't they back right up
to it?

762
01:04:50,160 --> 01:04:55,680
» The the ones on Sandage will back right
up to it.

763
01:04:52,960 --> 01:04:59,839
» And there's already noise complaints
from the warehouses there.

764
01:04:58,000 --> 01:05:04,000
» Yes, sir.
The ones on Ross, we get noise

765
01:05:02,559 --> 01:05:09,440
complaints all the time, especially from
this warehouse. And it's across the

766
01:05:06,240 --> 01:05:15,520
pasture and down the hill.
>> Yes, sir.

767
01:05:12,000 --> 01:05:19,559
» All right. Thank you.
>> Any additional board questions?

768
01:05:20,319 --> 01:05:25,079
» Does applicant have anything else to
add?

769
01:05:29,760 --> 01:05:39,680
Mayor, mayor and board, Bryant Cashen,
A1, Highway 305 South. I am representing

770
01:05:36,720 --> 01:05:46,160
CIP LLC. I got to put my glasses on. I'm
getting to where I can't see. Uh CIP

771
01:05:42,720 --> 01:05:51,200
LLC, that is uh Mike Bailey, uh the
widow of Bill Pass and the widow of

772
01:05:48,799 --> 01:05:55,920
Jimmy Eubanks are the owners as as well
as myself. Uh we are asking for this

773
01:05:53,920 --> 01:06:00,720
drop zone and if you look at the the
map, it would be perfect if we could fit

774
01:05:58,720 --> 01:06:06,880
a warehouse on this piece of property,
but this it is we have a ditch that goes

775
01:06:03,440 --> 01:06:12,079
through and it is a logistical nightmare
to try to get a warehouse into this

776
01:06:09,680 --> 01:06:16,319
piece of property. I do believe through
my conversations with some of the

777
01:06:14,160 --> 01:06:22,160
members of the city that the conditional
use for a dropy yard is so that the

778
01:06:19,359 --> 01:06:29,440
board could maintain where these went in
M1 zoning and across the city. And to uh

779
01:06:26,480 --> 01:06:34,160
Song's point about road and road damage,
the letter that was sent in 24 by the

780
01:06:31,839 --> 01:06:39,200
mayor to the board, I do believe that
the city received approximately $2

781
01:06:36,000 --> 01:06:45,200
million to build that road, nail road to
to standards to uphold truck traffic

782
01:06:42,160 --> 01:06:49,359
specifically for the FedEx place. And I
can be corrected if that's not true, but

783
01:06:46,960 --> 01:06:58,400
I'm about 100% sure that the city
received a grant to build that road, two

784
01:06:53,680 --> 01:07:05,520
truck traffic standards. U
we talked to uh a couple things about

785
01:07:02,079 --> 01:07:12,000
the the properties to the north on Ross
Road. I know it's in the deal that says

786
01:07:08,720 --> 01:07:17,760
that uh property values could be
affected. uh we talked about that in the

787
01:07:14,640 --> 01:07:22,720
board of adjustments. There is no data
that the city has provided through the

788
01:07:19,680 --> 01:07:29,359
planning department where this is true.
However, to the contrary, I have from in

789
01:07:25,920 --> 01:07:36,960
my hands from the DInnesota County Tax
Assessor's uh office 7679 Sandy Road. I

790
01:07:35,039 --> 01:07:46,400
will not name the name of the lady that
owns it. In 2021,

791
01:07:40,640 --> 01:07:51,440
her tax bill was based on a $67,000
value. And the assessor's office has

792
01:07:48,799 --> 01:07:55,839
assured me to make sure to assure you
that this is not true market value, that

793
01:07:53,920 --> 01:08:01,359
it is some percentage less than the
market value. Thank goodness for all of

794
01:07:58,000 --> 01:08:06,640
us on that. As of 2025,
that same piece of property now uh

795
01:08:04,079 --> 01:08:10,559
through the 2025 tax role is valued at
$96,000.

796
01:08:08,720 --> 01:08:16,960
We also have one I know that we talked
about over on uh the street here by the

797
01:08:13,839 --> 01:08:22,640
warehouse that comes down uh I don't
have a pointer to point to it right

798
01:08:19,040 --> 01:08:29,600
there beside the warehouses 5760 Ross
Road it in 21 had a tax valuation of

799
01:08:27,679 --> 01:08:38,880
$48,000
compared to 2025 of 70,000. So we have

800
01:08:35,040 --> 01:08:44,880
there is like I said no actual data that
supports the home value could be

801
01:08:42,480 --> 01:08:49,120
affected by this. If there would ever
have been a home value issue, it would

802
01:08:47,520 --> 01:08:54,960
have been the day that this property was
zoned M1 because with within the M1

803
01:08:52,640 --> 01:09:02,799
zoning, and I know you all are familiar
with this, and I I can I'm will point

804
01:08:57,679 --> 01:09:08,799
out a few things from our our viewpoint,
uh things that can go on this piece of

805
01:09:06,080 --> 01:09:13,359
property that does not require any of
your permission.

806
01:09:10,960 --> 01:09:19,120
Manufacturing. So we could build a small
manufacturing building on this property

807
01:09:16,319 --> 01:09:25,600
and have 282 parking spots without
anybody having to approve that. So

808
01:09:22,480 --> 01:09:29,520
unfortunately nobody's going to need a
manufacturing with 282 parking spots,

809
01:09:27,839 --> 01:09:36,799
but that legally could happen if we
foresee to do that. uh cannabis

810
01:09:33,040 --> 01:09:42,880
cultivation and or processing facility,
sexually oriented business including

811
01:09:39,440 --> 01:09:48,000
strip clubs and adult stores.
Uh

812
01:09:45,120 --> 01:09:53,279
aluminum can processing and recycling
and then numerous manufacturing that

813
01:09:51,120 --> 01:09:57,840
would have some type of some type of
noise going along with that that would

814
01:09:55,280 --> 01:10:02,480
be hard to handle. So, I understand that
we are trying to have smart growth, but

815
01:10:00,800 --> 01:10:07,440
we also were looking to at a piece of
property that currently the city is

816
01:10:04,800 --> 01:10:12,320
getting hardly any tax revenue from.
Through my conversations with Steven

817
01:10:09,280 --> 01:10:17,280
Goat at the assessor's office, upon this
construction starting, this property

818
01:10:14,640 --> 01:10:24,640
will be assessed at somewhere between 40
and $50,000 per acre

819
01:10:20,400 --> 01:10:29,600
as well as any structure built on it for
the tax purposes.

820
01:10:26,480 --> 01:10:34,960
Uh and
as far as some of the the other things

821
01:10:32,719 --> 01:10:43,840
that Assange brought up that where we
have asked for some uh deviations from

822
01:10:40,000 --> 01:10:51,440
the rag we are conceding to remove the
compacted concrete to asphalt asphalt or

823
01:10:46,800 --> 01:10:55,040
poured concrete uh agreeing to the 20ft
burn

824
01:10:53,120 --> 01:10:59,440
uh the landscape plan which is not
required. ired for your for initial

825
01:10:57,440 --> 01:11:04,960
approval. We will be more than happy to
submit that for for final approval once

826
01:11:01,920 --> 01:11:09,360
once approval is given. And we when we
met with the initial meeting, we had

827
01:11:07,840 --> 01:11:16,320
representatives from the fire department
there and we agreed at that meeting to

828
01:11:12,239 --> 01:11:24,480
pipe 8 in water pipe along with fire
suppression systems all through this

829
01:11:20,000 --> 01:11:30,080
development. So basically we are now
offering for your approval to uh remove

830
01:11:28,560 --> 01:11:36,480
some of the things that we were asking
not to do the 20ft BM the

831
01:11:33,840 --> 01:11:41,920
you know so that is I'm going to turn it
over now to Greg Smith with Civil Link.

832
01:11:40,159 --> 01:11:44,960
So if you have any technical questions
unless you have a question for me

833
01:11:43,280 --> 01:11:49,280
concerning anything that I've said here
today.

834
01:11:46,800 --> 01:11:54,000
» Mr. Cashion I I did have a couple. Thank
you. Thank you for your comments and I

835
01:11:52,000 --> 01:11:57,840
think your concessions are definitely
warranted because they they were needed.

836
01:11:56,000 --> 01:12:03,040
I I had a couple of questions though
that if this were to be approved whether

837
01:12:00,480 --> 01:12:07,440
it's here or another location. I know
it's a 24-hour

838
01:12:05,120 --> 01:12:12,480
station or proposed to be and it will be
manned and secured. One of the questions

839
01:12:09,920 --> 01:12:17,120
I had though will idling of the diesel
engines be allowed because that's a

840
01:12:14,560 --> 01:12:21,440
concern to me. I know I'm not a truck
driver, never have been, but I do know

841
01:12:19,199 --> 01:12:24,960
sometimes when it's cold or hot, they
keep the engines running for air

842
01:12:23,040 --> 01:12:28,800
conditioner and warmth when they sleep
over.

843
01:12:26,000 --> 01:12:32,480
» That's a noise issue and a a fumigation
issue, if you will, a fume issue. So,

844
01:12:31,199 --> 01:12:35,840
how would you address that?
>> Well, first off, I'm glad you brought

845
01:12:34,000 --> 01:12:38,880
that up because I if you noticed, I got
all these little notes drawn and I

846
01:12:37,360 --> 01:12:43,840
missed one and that gives me an
opportunity to bring up a point of of

847
01:12:41,920 --> 01:12:48,000
what this really is. When I say dropy
yard, I I don't know that we're all on

848
01:12:46,239 --> 01:12:52,960
the same page. What I don't know what
all the definitions are. I know that

849
01:12:49,840 --> 01:12:57,920
with planning has a a broad definition.
What this is designed for this what our

850
01:12:55,840 --> 01:13:03,040
intention is and we will put this in
writing every how we want to how we need

851
01:12:59,920 --> 01:13:09,120
to. This is not a day parking deal. This
is not for someone to bring in

852
01:13:06,239 --> 01:13:13,760
280 trailers and park them and leave
them like we have in some parts of the

853
01:13:10,800 --> 01:13:18,159
city. This is more designed for the
individual that drives a truck that does

854
01:13:16,400 --> 01:13:22,320
that lives in a subdivision in Olive
Branch and doesn't have anywhere to park

855
01:13:19,760 --> 01:13:27,520
his truck over the weekend. This is for
someone to come in and pay us a monthly

856
01:13:24,640 --> 01:13:31,679
fee to come in and park his truck or her
truck, whoever it may be, and whenever

857
01:13:30,159 --> 01:13:35,360
they need to get it, they can go and
park their car, get in their truck, and

858
01:13:33,520 --> 01:13:41,520
then leave and go work and bring us our
goods that we all need. This is not This

859
01:13:38,480 --> 01:13:45,520
is not a daily. This is not It's more I
would say more on the lines of what you

860
01:13:43,520 --> 01:13:50,239
see at Crow's truck stop which is just
across the state line where he has some

861
01:13:48,560 --> 01:13:54,560
700
spots that are full where people show up

862
01:13:52,800 --> 01:13:58,640
on Sunday night. They get in their truck
and they leave. They leave their car

863
01:13:56,000 --> 01:14:02,320
parked there. They come back on Friday
night, get in their car and go home,

864
01:14:00,320 --> 01:14:07,440
visit their family and then they come
back and and leave. So this So as far as

865
01:14:04,560 --> 01:14:10,880
the diesel engines, I don't know that I
can't sit here and guarantee that some

866
01:14:08,880 --> 01:14:16,320
guy's not going to show up in February
and crank his truck and let it run for

867
01:14:12,719 --> 01:14:21,360
10 minutes. But I think uh based on the
25th foot BM and if you look and I don't

868
01:14:18,719 --> 01:14:28,000
have a pointer and it's tough to do,
there is a lot of ground

869
01:14:24,080 --> 01:14:32,400
away from these these uh turnarounds
between the homes. So by time you I

870
01:14:30,880 --> 01:14:37,040
think the county I mean the city's
ordinance requires us to do a 20 foot 20

871
01:14:34,800 --> 01:14:42,400
foot burn with landscaping on top of
that. So that's about as good as we can

872
01:14:39,760 --> 01:14:45,040
get about monitoring that.
>> But this is not a parking lot for

873
01:14:44,159 --> 01:14:50,400
overnight stay.
>> No it is not. No it is not. So it will

874
01:14:47,600 --> 01:14:54,239
be it will be manned as far as the
security part. It will have the

875
01:14:52,480 --> 01:14:58,159
automatic. Everybody has been given go
it would be given gate codes so we'll be

876
01:14:56,400 --> 01:15:02,640
able to track who's coming and going
license plate readers uh and may at some

877
01:15:00,960 --> 01:15:08,080
point in time if we had to we could we
would probably man it uh throughout the

878
01:15:04,880 --> 01:15:11,520
night but uh we we do not look for this
to be a comeand go everyday type

879
01:15:10,560 --> 01:15:17,280
situation.
>> Okay. Thank you. One other question. Um,

880
01:15:14,159 --> 01:15:22,719
since it's open 24 hours, do you propose
any limitation of someone rolling in at

881
01:15:20,480 --> 01:15:26,159
2:00 in the morning and dropping their
truck off or starting at 3:00 or 4 in

882
01:15:24,560 --> 01:15:30,400
the morning, crank it up and leave?
>> We would have the same regulations

883
01:15:27,920 --> 01:15:33,280
probably as FedEx.
>> Whatever time they get there, they're

884
01:15:31,920 --> 01:15:36,640
going to be there and whatever time they
leave, they would leave. I mean, they

885
01:15:34,640 --> 01:15:41,040
can't we we wouldn't really have any
control over that. nor does is there any

886
01:15:39,360 --> 01:15:50,800
control over any of the other things in
this in this in this uh industrial park

887
01:15:46,960 --> 01:15:55,440
as are you aware of any limitations on
hours at the FedEx facilities is that

888
01:15:52,880 --> 01:16:01,120
247 pretty much
>> as far as I I don't know I'm just

889
01:15:57,679 --> 01:16:04,400
» FedEx is 247 sir but if you look at the
location of FedEx it does not back up to

890
01:16:03,520 --> 01:16:07,199
residential
>> right

891
01:16:04,800 --> 01:16:13,280
» so FedEx is kind of like isolated on its
own um

892
01:16:10,000 --> 01:16:16,640
it's a FedEx is a 247 operation and it's
uniquely separated from anything

893
01:16:15,360 --> 01:16:20,800
residential.
>> Okay. Well, I would say too though this

894
01:16:19,040 --> 01:16:25,199
this I don't know if you can see this,
but all of this in here is buted up next

895
01:16:22,960 --> 01:16:30,960
to residential and it doesn't have any
any type of that I know of any type of

896
01:16:28,320 --> 01:16:37,040
restrictions on time.
Um, like I said, uh, this is a

897
01:16:35,280 --> 01:16:41,600
conditional use and we realize why the
conditional use is there, but I I don't

898
01:16:39,520 --> 01:16:46,080
know that I think we can do everything
we can to protect the the people that

899
01:16:43,840 --> 01:16:52,000
live on Ross Road or Sandage Road there.
But I think this is a a better option

900
01:16:49,040 --> 01:16:56,800
for them and for us than some of these
other things that are on the list.

901
01:16:54,880 --> 01:17:00,960
» What kind of BM are you planning on
putting up? Well, the

902
01:16:58,320 --> 01:17:07,440
» is it going to be a brick wall or
>> the rag is a 20 foot earthn BM? So, and

903
01:17:05,040 --> 01:17:11,920
and and I I'm going to speak out of turn
here, uh, Alderman Gamage, but I got

904
01:17:09,760 --> 01:17:18,320
Greg here to back me up. So, if you do a
20 foot BM, so at the peak of the top is

905
01:17:15,199 --> 01:17:27,199
20 foot from ground level, but when you
do the slope off of that, it's about a

906
01:17:23,040 --> 01:17:32,640
75 or 80 foot wide earthened deal. That
would be let that will be at the top

907
01:17:29,120 --> 01:17:36,320
will be a fence of course along with
vegetation. So how wide would that be

908
01:17:35,679 --> 01:17:42,560
Greg?
>> Uh you're doing 3 to1 slopes you got 20

909
01:17:39,120 --> 01:17:46,719
60 actually be about 130 foot. So it' be
130 foot wide with a 20 foot at the top

910
01:17:45,120 --> 01:17:49,199
and then at the top we'll come in and
plant vegetation on top of that I

911
01:17:48,400 --> 01:17:53,120
believe is what's
>> you know that's been a concern the

912
01:17:50,800 --> 01:17:58,000
residents on Ross Road
>> as Alman Wallace said you know they was

913
01:17:55,600 --> 01:18:02,320
promised one thing and they have no way
of keeping that noise off them at night

914
01:18:00,640 --> 01:18:07,360
coming in bumping the docks and things
like that. So, uh, one other question.

915
01:18:04,719 --> 01:18:09,760
You know, you talking 2
>> 50

916
01:18:08,080 --> 01:18:14,080
» 250.
One way in, one way out.

917
01:18:11,520 --> 01:18:15,600
» One, two ways in. One way in, two ways
out.

918
01:18:14,560 --> 01:18:20,000
» Okay.
>> So, this, if you look right here, the

919
01:18:17,520 --> 01:18:23,760
fire department, which we didn't want to
do, and would love, if you could see

920
01:18:21,840 --> 01:18:27,440
fit, to strike it from this, we'll be
more than happy to take it out and put

921
01:18:25,199 --> 01:18:30,800
some extra fire hydrants in there. But,
we've got a Can you say that?

922
01:18:29,440 --> 01:18:35,760
» I can't. I got it. I got to say,
>> you got it. So that is a that is a

923
01:18:32,880 --> 01:18:40,159
emergency only entrance there in case
something was to happen. So if we we

924
01:18:38,640 --> 01:18:44,239
don't want to put that in we don't want
to touch any of that residential. We'll

925
01:18:41,840 --> 01:18:50,000
put we'll burn the whole thing and and
do whatever we need to do because that

926
01:18:46,000 --> 01:18:54,400
is that is 250 ft of road that is
basically a dead expense that we would

927
01:18:52,719 --> 01:18:57,360
love not we would love not to touch
Sandage Road.

928
01:18:55,199 --> 01:19:01,520
» Yeah. I mean, you know, you if you was
planning on connecting the egress

929
01:18:59,199 --> 01:19:03,280
andress to console,
you know, that's a that's not a truck

930
01:19:02,880 --> 01:19:07,520
ride.
>> No, no, that's just for emergency.

931
01:19:05,040 --> 01:19:11,280
That's just for fire because they'll
have a gate code. Uh I guess that's how

932
01:19:09,679 --> 01:19:15,679
they do that. I'd have to check with the
fire department how they'd want that.

933
01:19:12,719 --> 01:19:19,360
But that's just for police, fire, and
ambulance services to come into the

934
01:19:17,520 --> 01:19:23,679
property. No one would leave there and
unless it was an emergency of some sort.

935
01:19:21,440 --> 01:19:28,800
» Okay. But like I said, if if there's a
way that we can do it and we can up the

936
01:19:26,800 --> 01:19:33,280
water or do whatever we need to do and
cut that off right there to completely

937
01:19:31,199 --> 01:19:38,880
cut that off from Sandy's Road, we would
do that as well. Like I said, we're

938
01:19:35,520 --> 01:19:43,120
we're we want to be good stewards of the
city, but we have got to find something

939
01:19:40,880 --> 01:19:48,880
that fits on this property due to how it
lays. and this through our land plan uh

940
01:19:46,480 --> 01:19:53,520
with Civil Link. This was the the best
case scenario for what we could could

941
01:19:51,040 --> 01:19:58,719
could do for this piece of property.
>> Okay. Thank you,

942
01:19:55,520 --> 01:20:00,000
» Mr. Cash. Uh you got a warehouse in
front of this?

943
01:19:59,679 --> 01:20:05,760
» Yes.
>> Have y'all got their written permission

944
01:20:03,120 --> 01:20:11,679
that have y'all approached them how much
they would like this? Because this was

945
01:20:07,679 --> 01:20:15,199
all was owned as a pud under warehouses
and this is a change. to

946
01:20:15,600 --> 01:20:18,400
to my
>> He still own them,

947
01:20:17,199 --> 01:20:23,520
» do I? Now,
>> he doesn't own that warehouse, does he?

948
01:20:20,239 --> 01:20:26,560
» No. No, that was I guess from I and I'm
speaking out of term because I'm not

949
01:20:24,880 --> 01:20:32,480
exactly sure who owns what through
there, but my guess is that land was

950
01:20:28,960 --> 01:20:36,880
sold from this group to IDI. They built
the building and now they've sold it to

951
01:20:34,159 --> 01:20:41,520
a I think it's Barrett Barrett Industry.
So, you know, when I would tell you that

952
01:20:38,719 --> 01:20:46,320
IDI has looked at this and has basically
said they don't have a use for it

953
01:20:43,760 --> 01:20:51,360
because I I again, I can't point to
anything that that y'all can see. But

954
01:20:48,719 --> 01:20:57,120
basically, right down this line here is
a ditch that comes in and crosses

955
01:20:54,320 --> 01:21:02,159
crosses right here. And there's no way,
you know, unfortunately

956
01:20:59,199 --> 01:21:07,120
10, 15 years ago, Mike and them had an
opportunity to move that ditch from the

957
01:21:05,040 --> 01:21:11,360
and and didn't realize that it was one
of those things that they moved it. That

958
01:21:09,280 --> 01:21:15,040
would be great. But that opportunity
would go away when the administration

959
01:21:13,520 --> 01:21:20,880
changed. And when the administration
changed back and uh I forget which one

960
01:21:18,880 --> 01:21:26,960
it was, but one of the one of the
administrations changed that and now

961
01:21:22,880 --> 01:21:30,880
they can't get any any uh clearance from
the core of engineers to move that

962
01:21:28,640 --> 01:21:34,800
ditch. So now we're stuck with having to
work within it. Of course, we all know

963
01:21:32,960 --> 01:21:39,600
that they probably didn't move it back
in the day because it was expensive to

964
01:21:37,120 --> 01:21:45,440
move a a ditch this size. But at the end
of the day, they uh I would say they

965
01:21:43,040 --> 01:21:48,880
felt like that if I got approval today,
then that approval was going to be here

966
01:21:46,960 --> 01:21:53,760
for for a while. And then if I ever find
a company like IDI that could have can

967
01:21:51,040 --> 01:21:58,719
build a facility here, uh they would
come in and and move the ditch. And then

968
01:21:56,080 --> 01:22:03,120
that didn't happen.
>> Okay. Uh I understand what you're

969
01:22:01,280 --> 01:22:07,760
saying. We went through a lot of this
getting this resone and promote and

970
01:22:06,159 --> 01:22:12,960
Yeah.
I don't know if the IDI who bought that

971
01:22:11,120 --> 01:22:16,719
thought it was going to be a drop yard.
I don't know if the

972
01:22:15,199 --> 01:22:21,520
residents
thought it was going to be a drop yard.

973
01:22:19,520 --> 01:22:26,400
Um [snorts]
I I just And you're going to add what?

974
01:22:23,520 --> 01:22:31,280
One employee or two employees?
>> Sir, I didn't I don't

975
01:22:29,199 --> 01:22:35,600
got to be minimum employees.
>> How many employees would staff?

976
01:22:34,400 --> 01:22:39,120
» It would be limited.
>> Can't be many. It wouldn't be many at

977
01:22:37,440 --> 01:22:43,440
all. It' probably be some part-time help
to come through and check and make sure

978
01:22:40,800 --> 01:22:49,360
that uh there's no garbage and things
are cleaned up, but minimal employees.

979
01:22:46,239 --> 01:22:57,679
» Yeah. Normally I'm for business, you
know, that I I don't know how it really

980
01:22:53,360 --> 01:23:03,040
helps the city us doing it and a bunch a
lot more trucks. Well, I would say that

981
01:23:00,159 --> 01:23:09,040
that I would say from from my standpoint
uh and CIP standpoint,

982
01:23:06,159 --> 01:23:13,199
uh hopefully the city and it's it's one
of those deals. It's kind of like the

983
01:23:10,400 --> 01:23:16,560
the the planning department's uh
allegation that this is going to hurt

984
01:23:14,719 --> 01:23:21,040
property values. This is me pulling it
out of a hat, but you know, if you have

985
01:23:18,560 --> 01:23:26,320
252 people pulling in at late at night
at a truck stop, pulling in in a truck

986
01:23:23,840 --> 01:23:31,920
that's got to park it, their meter stops
when they turn off a 305 on the Sandage.

987
01:23:29,360 --> 01:23:35,679
So, they can drive up to that 10 hours
and as long as they can get off of

988
01:23:33,199 --> 01:23:40,880
Sandage, they pull right in the QT, fill
up with fuel, get a cheeseburger, piece

989
01:23:37,920 --> 01:23:44,480
of pizza, go park their truck. When they
leave, they hopefully maybe stop back by

990
01:23:42,560 --> 01:23:48,560
there and get gas. You know, that's
where the city I think not only is there

991
01:23:46,639 --> 01:23:51,840
going to be some se some property tax
increase, but hopefully you're going to

992
01:23:50,000 --> 01:23:55,280
have some sales tax off of fuel and
other things that are done there. Now,

993
01:23:53,120 --> 01:23:59,120
that's can't justify it. I can't prove
it, but can't prove that it's not going

994
01:23:57,360 --> 01:24:02,320
to happen as well.
>> Okay.

995
01:24:00,800 --> 01:24:06,080
» Like I said, we're just trying to find
something that will will fit and and and

996
01:24:04,719 --> 01:24:08,880
we've got, like I said, two
>> I I understand what you're trying to do.

997
01:24:08,159 --> 01:24:14,400
» Yeah.
>> I just have some

998
01:24:11,840 --> 01:24:16,239
apprehension about it. Sure. [snorts]
>> Thank you.

999
01:24:15,040 --> 01:24:19,120
» Any additional questions of the
applicant?

1000
01:24:17,440 --> 01:24:23,199
» I have one question.
>> Okay.

1001
01:24:20,080 --> 01:24:27,760
» You've agreed to do the burm and and the
concrete and everything.

1002
01:24:25,679 --> 01:24:33,120
Why didn't y'all agree to do it at the
board zoning adjustment?

1003
01:24:31,840 --> 01:24:40,080
You wouldn't have you probably wouldn't
have got turned down. So now

1004
01:24:34,880 --> 01:24:43,520
» Well, no. No. What? So, so it's uh
really to be quite honest with you,

1005
01:24:41,679 --> 01:24:46,960
we're unprepared
for what we got at the board of

1006
01:24:45,360 --> 01:24:50,880
adjustments. We were not, we did not
think that what we talked about was

1007
01:24:48,480 --> 01:24:56,880
going to be that big a deal until we got
here the night of and saw and then uh

1008
01:24:54,480 --> 01:25:00,719
did not realize that in the board of
adjustments packet that we were not

1009
01:24:58,880 --> 01:25:05,040
provided was a letter that the mayor
wrote saying basically

1010
01:25:03,520 --> 01:25:08,880
turn this down because we're not going
to get any benefit out of it. And we

1011
01:25:07,440 --> 01:25:11,520
really kind of walked up against a
loaded gun just right out of the gate

1012
01:25:10,639 --> 01:25:16,080
with the board of adjustment.
>> The letter had nothing to do with

1013
01:25:13,840 --> 01:25:20,159
» worms and concrete. Well, we talked
through the concrete and you know, to be

1014
01:25:18,239 --> 01:25:24,400
quite honest with you, uh didn't really
think that what we were offering was a

1015
01:25:22,320 --> 01:25:28,880
big deal. Our original meeting with the
mayor and a song uh song basically is

1016
01:25:27,600 --> 01:25:32,719
the one that told us that, hey, this
thing was put into place 20 years ago to

1017
01:25:30,960 --> 01:25:37,280
discourage people from doing it. And if
you want to try to do something

1018
01:25:33,840 --> 01:25:44,480
different, put us together a plan. Uh we
did and it failed miserably. So

1019
01:25:41,040 --> 01:25:48,480
that's why we have have you know 100%
failed. So

1020
01:25:46,000 --> 01:25:54,159
» and and just for full transparency that
letter uh ladies and gentlemen was a 24

1021
01:25:51,040 --> 01:25:58,960
letter regarding not this drop lot or
truck yard but any drop lot or truck

1022
01:25:56,560 --> 01:26:02,960
truckard that brings a high number of
trucks in that damage our streets and

1023
01:26:00,960 --> 01:26:07,199
the city gets little to no tax money. is
usually a guard at a co at a metal

1024
01:26:05,199 --> 01:26:12,639
building and some of these are down to
10 and $12 a night. A very cashrich

1025
01:26:10,320 --> 01:26:16,560
business and I doubt the city sees a lot
of the tax dollars and that was my

1026
01:26:14,639 --> 01:26:20,800
stance in 24. Not particularly about
this site, just any sites because we've

1027
01:26:18,880 --> 01:26:23,040
got enough trucks in and out of this
area. That's true.

1028
01:26:21,600 --> 01:26:25,679
» But it wasn't specific just to this one,
Mr. Cast.

1029
01:26:23,760 --> 01:26:30,719
» No, I understand.
>> Any additional questions? I don't I

1030
01:26:27,920 --> 01:26:37,199
don't know that um this necessarily
going to hurt the property value, but

1031
01:26:34,239 --> 01:26:42,960
» the information you provided was based
not based on the

1032
01:26:40,320 --> 01:26:45,679
value increasing of the house, but the
appraisals that happened statewide.

1033
01:26:45,199 --> 01:26:49,440
» Correct.
>> That that had nothing to do with

1034
01:26:47,360 --> 01:26:53,840
anything, you know, whether the property
has gotten better because of M1 or M2 or

1035
01:26:52,000 --> 01:26:55,600
whatever. That's just everybody's went
up. So,

1036
01:26:54,400 --> 01:26:59,520
» Well, that's true.
>> Okay.

1037
01:26:56,639 --> 01:27:04,800
Brian, some of these things that were
required by the board of zoning

1038
01:27:01,840 --> 01:27:07,360
adjustment and Dr. Hassong and stuff
were just the standard.

1039
01:27:06,480 --> 01:27:09,679
» Sure.
>> Understand things. They were just

1040
01:27:08,719 --> 01:27:17,199
standard.
>> That is true. 100%. And we we we tried

1041
01:27:13,520 --> 01:27:21,360
to uh put together a a plan that we felt
like was better. And like I said, so

1042
01:27:19,440 --> 01:27:27,199
that's kind of why we have realized that
if we want to get this approved and this

1043
01:27:24,000 --> 01:27:32,560
is the place to to, you know, to say,
hey, we were wrong and this is what we

1044
01:27:29,040 --> 01:27:36,880
can do. And there again, if uh if the
board sees fit to prove it, great. And

1045
01:27:35,120 --> 01:27:40,400
if they do not, then we'll go back to
the drawing board and try to come up

1046
01:27:38,239 --> 01:27:44,719
with something. But I don't know that
what I come back with, one, that you'll

1047
01:27:43,199 --> 01:27:51,760
ever see it, and two, that you're going
to like it. So I I don't I don't know. U

1048
01:27:47,679 --> 01:27:55,600
you know it is what it is and uh but one
thing I will say and there may be a

1049
01:27:53,600 --> 01:28:00,480
hundred people here today against it but
the board of adjustments who got the

1050
01:27:57,280 --> 01:28:07,920
same letter and notification
not one single person showed up.

1051
01:28:05,600 --> 01:28:12,480
Not one single person on Sanage. Not one
single person on Walsh. Not one single

1052
01:28:10,000 --> 01:28:17,520
person out of Cedar Creek Cedar I mean
Cedar Creek Cedar Crest. Not not anybody

1053
01:28:15,360 --> 01:28:21,280
showed up.
>> Well, they may not show up, but we get

1054
01:28:19,120 --> 01:28:25,040
the emails and the phone calls.
>> I promise you that.

1055
01:28:22,800 --> 01:28:27,679
» I understand.
>> Mayor, may I make a comment?

1056
01:28:27,040 --> 01:28:33,760
» Yes, ma'am.
>> I drove out there yesterday and I drove

1057
01:28:29,679 --> 01:28:38,400
down uh Ross Road and to the end of the
Sandage Road.

1058
01:28:35,920 --> 01:28:43,760
These poor people, there's no silence
over there for them if this comes in. We

1059
01:28:41,360 --> 01:28:51,760
followed a FedEx truck out that took the
the uh FedEx lane and took the the

1060
01:28:47,600 --> 01:28:56,639
Sandage exit with no emergency. I mean,
he just decided he didn't want to go out

1061
01:28:54,000 --> 01:29:01,280
in the L road. So, now my brother drove
a truck. I'm not against truckers, but I

1062
01:28:58,560 --> 01:29:04,080
do know that when they decide they're
going to go a certain route, they're

1063
01:29:02,719 --> 01:29:10,400
going to take they're going to take the
shortest route to get there. We're

1064
01:29:06,080 --> 01:29:16,719
already 10 maybe more years out getting
305

1065
01:29:12,080 --> 01:29:23,920
widened to even think about adding 252
more trucks to exit out of there. So, I

1066
01:29:20,480 --> 01:29:30,400
have a major concern with what's best
for our citizens when it comes to the

1067
01:29:26,159 --> 01:29:34,320
safety. I have seen uh Nell Road exiting
on the 305 where it's lined up and I can

1068
01:29:32,880 --> 01:29:40,159
see where truckers are going to find
another way to go out. They'll go out

1069
01:29:36,480 --> 01:29:45,360
church or craft. They go down craft at
my location and it both ends it says no

1070
01:29:43,280 --> 01:29:47,679
trucks but they take it anyway.
>> Sure.

1071
01:29:45,760 --> 01:29:52,080
» So I think we as a board have to
consider the safety of the citizens when

1072
01:29:49,760 --> 01:29:58,719
we're talking about
this particular location for this volume

1073
01:29:56,000 --> 01:30:03,239
of trucks not even considering the noise
for the people on Ross and Sage.

1074
01:30:04,080 --> 01:30:11,120
» And mayor I have one last question for
staff for Mr. cash and the picture you

1075
01:30:09,520 --> 01:30:15,440
have on your computer, which we have. I
don't know if the public can see that or

1076
01:30:12,480 --> 01:30:19,360
not, but do we know at this point what
is immediately to the east of that area

1077
01:30:17,440 --> 01:30:24,480
in red and to the north of Nail Road?
Has that property been sold yet? I mean,

1078
01:30:22,159 --> 01:30:29,360
I know it can it has the permitted uses
of M1, which can be warehouses and other

1079
01:30:27,600 --> 01:30:35,920
things, but do we know if that's been
sold or any plans on that yet?

1080
01:30:33,520 --> 01:30:40,159
» I don't know. Uh there is the other man
referring to these property or to this

1081
01:30:38,320 --> 01:30:44,480
one?
>> Both of them but primarily the one at

1082
01:30:41,920 --> 01:30:49,040
the bottom just north of Nail Road.
>> We there was a a warehouse that was

1083
01:30:47,520 --> 01:30:53,600
proposed on that location. I think we
actually reviewed plans about 3 years

1084
01:30:50,880 --> 01:30:57,760
ago but I think because of the economy
it didn't move forward. There is

1085
01:30:55,199 --> 01:31:02,960
actually these two this this parcel and
this parcel we had approved plans I

1086
01:31:00,800 --> 01:31:07,199
believe for industrial warehouses on
these two locations

1087
01:31:04,560 --> 01:31:11,760
» where two two buildings proposed here
but just because of the way the economy

1088
01:31:09,040 --> 01:31:17,280
kind of changed uh those were not have
not been constructed. One of the things

1089
01:31:14,320 --> 01:31:22,480
in in line with that, we took the size
of this building just to scale and we

1090
01:31:20,960 --> 01:31:27,199
were able to feed it on this piece of
property outside of the ditch. So this

1091
01:31:25,360 --> 01:31:31,199
piece of property can be developed for
something different from a job. It is

1092
01:31:28,960 --> 01:31:35,840
developable. It has developable area
outside of a ditch. Uh certainly not as

1093
01:31:34,000 --> 01:31:38,159
large as this one,
>> right?

1094
01:31:36,400 --> 01:31:44,320
» But comparable to this, it has a
developable area with parking spaces

1095
01:31:40,880 --> 01:31:50,239
outside of outside of the beach.
And immediately to the north of the two

1096
01:31:46,719 --> 01:31:57,760
properties we just discussed is uh is
that still AR? Is that M1?

1097
01:31:53,360 --> 01:32:03,199
» Didn't we approve of the RV park?
>> Yes, this is approved for ROV park.

1098
01:32:00,960 --> 01:32:08,600
» Okay, that's that's what I was wondering
if that was the exact property. Okay,

1099
01:32:09,440 --> 01:32:15,360
» thank you. Welcome sir.
>> Okay.

1100
01:32:12,960 --> 01:32:20,400
» Thank you Mr. Cashion and board just uh
for transparency as well. Mr. Cashion

1101
01:32:17,520 --> 01:32:24,400
when he appeared uh earlier he in my
office he clearly said if the board

1102
01:32:22,159 --> 01:32:28,480
doesn't want this then let him know what
will go here. He's trying to develop

1103
01:32:25,920 --> 01:32:31,760
this 35 acres and he approached the city
in a professional manner and said if

1104
01:32:30,320 --> 01:32:36,400
this is not what the city wants for the
city to tell him what what the city

1105
01:32:33,679 --> 01:32:40,560
would allow there was his comment to me.
Uh this is a public comment item. Is

1106
01:32:38,880 --> 01:32:44,239
there anyone here that is a proponent?
You're here to speak in favor of this

1107
01:32:42,320 --> 01:32:48,800
application. You wish to see this
application go forward.

1108
01:32:47,280 --> 01:32:53,120
Seeing none, if you're here to speak in
opposition, I believe we have Jark

1109
01:32:50,719 --> 01:32:57,800
Rogers listed to come forward in
opposition to this application, come

1110
01:32:54,800 --> 01:32:57,800
forward.

1111
01:33:02,320 --> 01:33:10,000
» Good evening, Mr. Mayor. Thank you. Uh
men and women of the board, good, good

1112
01:33:07,280 --> 01:33:15,040
evening. Just want to make this short. I
think you guys have covered everything.

1113
01:33:11,840 --> 01:33:21,280
Uh this is a simple case of give and
take or cause and effect.

1114
01:33:18,159 --> 01:33:26,480
We give they take because they want this
the effect is what we receive. And what

1115
01:33:23,920 --> 01:33:32,239
we're looking for in olive branch is a
type of structured growth.

1116
01:33:29,280 --> 01:33:38,000
Um this falls under the category of
extrative which is parasitic. Um just

1117
01:33:35,679 --> 01:33:42,320
going to give you some guidelines. I
heard the representative mentioned facts

1118
01:33:40,239 --> 01:33:48,480
to to the matter. I brought those with
me today to review. Uh one fact is

1119
01:33:45,520 --> 01:33:54,159
simply that the heavy wear and tear on
the road grids or services without

1120
01:33:51,199 --> 01:33:58,560
paying proportional upkeep. Uh
leveraging loopholes. I just want to

1121
01:33:55,920 --> 01:34:03,120
mention that. Um the applicant did
mention about the grants that were

1122
01:34:01,360 --> 01:34:10,000
provided.
However, there's no type of supporting

1123
01:34:07,360 --> 01:34:14,960
uh investments from this particular uh
request.

1124
01:34:11,520 --> 01:34:20,719
Also, we must think about
when a parasite latches on to an object,

1125
01:34:18,159 --> 01:34:25,760
you know, he sucks them dry and then
goes and finds something else. the

1126
01:34:22,719 --> 01:34:31,600
serious damage that I see daily as a
citizen traveling um to and from work

1127
01:34:28,719 --> 01:34:35,920
and various other activities
uh

1128
01:34:33,440 --> 01:34:40,880
just can't be absorbed. And I know he
did mention FedEx. We do want business

1129
01:34:38,080 --> 01:34:47,199
and to support our our citizens in this
town. But I think FedEx brings about uh

1130
01:34:44,320 --> 01:34:52,000
approximately thousands of jobs
as well as other investments and with

1131
01:34:49,280 --> 01:34:57,199
into the city infrastructure.
And then as Alderman Hehard mentioned,

1132
01:34:55,360 --> 01:35:02,560
the pollutants
that this will cause is simply,

1133
01:35:00,239 --> 01:35:05,920
you know, unfavorable.
uh these individuals in these

1134
01:35:04,239 --> 01:35:11,199
communities and neighborhoods. They've
see out all the branch, Mr. Mayor, as a

1135
01:35:08,800 --> 01:35:17,760
as a great place to live and work. Even
the um national rec recognition

1136
01:35:14,639 --> 01:35:21,760
within our uh some of the media
identifies with that. So, I think I

1137
01:35:19,840 --> 01:35:27,280
would like to implore the applicant as
he continues to say, "What can I do?" As

1138
01:35:24,800 --> 01:35:31,199
you stated, he approached you. Let's
work together to look at something

1139
01:35:28,800 --> 01:35:37,280
that's going to be productive,
more specific to um a better outcome for

1140
01:35:34,480 --> 01:35:42,639
not only the the applicant, but the
city.

1141
01:35:39,280 --> 01:35:47,920
We are responsible stewards of our
resources at this time, and it's

1142
01:35:45,520 --> 01:35:52,800
something that we must take very
seriously. So, right now, I got to stand

1143
01:35:50,639 --> 01:35:59,520
before you, Mr. mayor just in opposition
of this and uh asking the board to

1144
01:35:55,760 --> 01:36:03,040
consider your uh citizens and your
community stakeholders. I'm going to

1145
01:36:01,520 --> 01:36:09,040
leave you with this last thing sitting
there. I saw a lot of uncertainties as

1146
01:36:05,120 --> 01:36:13,760
the a representative of a HOA board. Uh
they all say I'm going to do it until

1147
01:36:11,760 --> 01:36:18,360
they get in there. Thank you guys for
your time.

1148
01:36:14,800 --> 01:36:18,360
» Thank you, Mr. Rogers.

1149
01:36:18,560 --> 01:36:24,800
I I I know we want to support each
other, but I'm going to ask just for pro

1150
01:36:22,719 --> 01:36:28,560
that we not clap because one side can
clap as well. And once we start the

1151
01:36:26,320 --> 01:36:32,560
clapping contest, then we'll able to be
here all night. So, just support each

1152
01:36:30,320 --> 01:36:36,159
other, please, without clapping or any
kind of outburst. Mr. Chris Gillespie,

1153
01:36:34,639 --> 01:36:39,159
are you here to speak in opposition to
this?

1154
01:36:46,719 --> 01:36:55,760
Chris Gillespie, 7657 West Sanders Road.
Uh, thank you, mayor, board. U, just

1155
01:36:52,480 --> 01:36:59,280
real quick, keep it keep it short. Um,
when they applied for it with the board

1156
01:36:57,520 --> 01:37:04,159
of adjustments, they obviously didn't
meet the requirements. What have they

1157
01:37:01,360 --> 01:37:08,400
done different now that they can come
back and say, "Well, yeah, you can get

1158
01:37:06,080 --> 01:37:13,840
it now." And they haven't done that. And
like Mr. Dick Nichson asked him, "Why

1159
01:37:11,520 --> 01:37:19,840
didn't you do it at first?" Well, they
never thought about it. and the automan

1160
01:37:17,040 --> 01:37:24,960
damage with the people on Ross Road.
They were promised the BM, never got it.

1161
01:37:22,800 --> 01:37:29,920
And how who's to say that they get
approved and they say we'll do the BM

1162
01:37:26,960 --> 01:37:36,000
last? We're in phase two. We ain't got
the BM yet. We're in phase three. We

1163
01:37:31,760 --> 01:37:42,880
ain't got the BM yet. And me being a
resident, lifelong resident, it's kind

1164
01:37:39,040 --> 01:37:46,159
of dear to my heart because it backs
right up to my property.

1165
01:37:46,719 --> 01:37:56,400
been there all my life, family,
everybody. And I just want all of y'all

1166
01:37:52,000 --> 01:38:02,320
to kind of think about this. If it was a
dropy yard that was going to come to you

1167
01:37:58,960 --> 01:38:07,360
all's neighborhood, your backyard, would
you vote for it? Would you approve it?

1168
01:38:04,560 --> 01:38:12,080
Just keep that in mind. Thank you.
>> Thank you, Mr. Gillespie.

1169
01:38:09,840 --> 01:38:15,600
» Not not at this point. Jacqueline Jones,
are you here to speak in opposition?

1170
01:38:25,920 --> 01:38:32,239
Good evening. Thank you, mayor. Thank
you, Alderman. Uh, I'm here on behalf of

1171
01:38:29,920 --> 01:38:37,600
the property at 7647
Sanage Road. And, uh, I appreciate the

1172
01:38:34,960 --> 01:38:41,760
the presentation and the details, but I
didn't hear any benefits for the

1173
01:38:39,600 --> 01:38:46,239
residents.
None.

1174
01:38:43,840 --> 01:38:52,400
Only thing I heard is what the city
would benefit from and you wouldn't need

1175
01:38:48,880 --> 01:38:59,199
to benefit it if you didn't vote for it.
So all the the and the property value,

1176
01:38:56,800 --> 01:39:04,480
no one's house is sold based on the
assessor's value of property.

1177
01:39:02,639 --> 01:39:09,679
As you said, everybody's property went
up.

1178
01:39:06,239 --> 01:39:14,800
But who wants to buy a house that's
backed up to a dropard?

1179
01:39:13,119 --> 01:39:20,159
the homeowners will have a very
difficult time selling their home and

1180
01:39:17,199 --> 01:39:25,440
they will have to drop the price of that
sale if they just if someone is just

1181
01:39:22,639 --> 01:39:28,440
wants to buy the home.
Um

1182
01:39:31,520 --> 01:39:39,520
the security I mean I heard well well
one or two employees you know that's

1183
01:39:37,040 --> 01:39:45,459
that hasn't been defined yet. I thought
I heard something about cameras. Um,

1184
01:39:43,920 --> 01:39:49,040
normally
[snorts]

1185
01:39:46,239 --> 01:39:56,639
the crime has already been committed
when law enforcement is informed of it.

1186
01:39:53,360 --> 01:40:02,480
So, that's not going to um stop crime.
That's not going to prevent anyone from

1187
01:39:58,320 --> 01:40:06,639
doing anything. And lastly, it is very I
consider it a danger to residents, to

1188
01:40:05,119 --> 01:40:11,840
children
um who may get into that area and we

1189
01:40:09,600 --> 01:40:16,000
know they all have a way of doing what
they want to do. It's just not a safe

1190
01:40:13,840 --> 01:40:20,719
environment and it's just not good for
the residents. There were no benefits to

1191
01:40:18,560 --> 01:40:23,840
the residents if you approve this. Thank
you.

1192
01:40:21,679 --> 01:40:29,199
» Thank you, Mr. Jones.
Anyone else? Public comments section is

1193
01:40:27,199 --> 01:40:33,639
hereby closed on this item. Mr. cash and
you can may come back forward and give

1194
01:40:30,639 --> 01:40:33,639
information.

1195
01:40:35,920 --> 01:40:45,280
» Mr. Mayor, board, it is evident that uh
people showed up tonight that is not in

1196
01:40:42,400 --> 01:40:49,040
favor of this. Uh I can tell by how some
of the comments from the board has been.

1197
01:40:47,040 --> 01:40:53,760
We respectfully withdraw our application
that that is allowed and we will find

1198
01:40:51,440 --> 01:40:58,880
something that fits on this property
that doesn't require any kind of vote.

1199
01:40:57,040 --> 01:41:03,280
Thank you. Thank you, Mr. Cash.
Application hereby withdrawn.

1200
01:41:01,119 --> 01:41:07,920
» Mr. Mayor, I I will make a comment. Mr.
Cash, you did mention something earlier

1201
01:41:05,840 --> 01:41:10,320
about the zoning and what could go
there.

1202
01:41:09,040 --> 01:41:14,639
» Yes.
>> I'm not so sure that if we come if y'all

1203
01:41:13,280 --> 01:41:17,119
come back with some, in fact, you
wouldn't have to come back in in certain

1204
01:41:16,239 --> 01:41:22,400
cases.
>> Correct. that the residents may get

1205
01:41:19,440 --> 01:41:26,960
something worse than what they and I
understand that there's some opposition

1206
01:41:24,239 --> 01:41:32,560
to it, but we've had this situation
before where we turn down something and

1207
01:41:30,639 --> 01:41:36,960
the people got something worse than than
what they had anticipated they were

1208
01:41:34,400 --> 01:41:42,239
going to have before and were had buyer
remorse, wish they had taken the deal

1209
01:41:38,960 --> 01:41:47,520
they had. So, I know that people are
that emails and you've gotten questions.

1210
01:41:45,119 --> 01:41:51,440
We've had comments tonight, but there
are situations that they could put a

1211
01:41:49,520 --> 01:41:56,960
warehouse there or some kind of small
manufacturing plant and it would never

1212
01:41:53,840 --> 01:41:59,280
come back to anybody to say yay or nay.
So,

1213
01:41:57,600 --> 01:42:02,639
» that is true. And and just so we're all
on the same page, that was not a threat

1214
01:42:00,960 --> 01:42:08,080
because I promise you if I tried to open
shrimp joint, my wife would kill me. Uh

1215
01:42:05,600 --> 01:42:10,960
and if I tried to do a cannabis, you
know, we she I even told her, I said,

1216
01:42:09,600 --> 01:42:15,119
"We're going to name it Ken's Cat
House." Uh but she was like, "You better

1217
01:42:13,440 --> 01:42:18,080
not do that. I'll, you know, I'll kill
you. But also, we wouldn't do the

1218
01:42:16,719 --> 01:42:21,760
cannabis. So, we're going to try to find
something probably in the manufacturing

1219
01:42:19,760 --> 01:42:26,719
or small warehouse and move forward.
>> Got to be over 60, 85%. The cannabis

1220
01:42:24,480 --> 01:42:28,560
users over 60. Just remember when you
market that.

1221
01:42:27,679 --> 01:42:34,000
» Thank you, sir.
>> We appreciate it. Thank you.

1222
01:42:31,440 --> 01:42:37,000
» Next item following the agenda.
Consideration.

1223
01:42:37,440 --> 01:42:43,679
Public hearing and consideration to
amend the zoning ordinance by adding

1224
01:42:41,360 --> 01:42:48,159
various definitions restricting indoor
and outdoor smoking in public place

1225
01:42:45,920 --> 01:42:53,520
establishments within 500 ft of public
parks. Specifying criteria for data

1226
01:42:50,880 --> 01:42:58,800
centers as conditional uses in the M1
light industrial and M2 heavy industrial

1227
01:42:56,159 --> 01:43:03,280
districts only. limiting the height of
freestanding monument signs in the

1228
01:43:01,280 --> 01:43:09,119
office area and neighborhood commercial
C1 districts to 8 feet and in the C2

1229
01:43:06,639 --> 01:43:13,920
highway commercial C3 general commercial
and C4 planned commercial districts to

1230
01:43:11,600 --> 01:43:18,159
12 feet and specifying the size,
location, and height of onremise and

1231
01:43:15,920 --> 01:43:22,639
off- premise signs in the M1 light
industrial and M2 heavy industrial

1232
01:43:20,639 --> 01:43:27,360
districts. The public hearing was set on
July the 21st for this particular item

1233
01:43:24,960 --> 01:43:30,360
that we're about to hear today. Dr.
Song.

1234
01:43:30,480 --> 01:43:38,000
» Thank you, Mayor Adman. Before you is
your request to consider amending the

1235
01:43:35,760 --> 01:43:43,040
current zoning ordinance of the city of
Olive Branch by doing a number of

1236
01:43:40,320 --> 01:43:47,360
things. Adding various definitions in
the zoning ordinance for clarification

1237
01:43:45,840 --> 01:43:52,639
purposes.
So often words are used in the zoning

1238
01:43:50,320 --> 01:43:57,280
code. They may mean different things in
different cities. So each city the words

1239
01:43:55,679 --> 01:44:02,080
may be common, it may be a technical
word. It's very important that we

1240
01:43:58,880 --> 01:44:06,159
clarify exactly what does that word mean
in order to avoid confusion when it

1241
01:44:04,400 --> 01:44:12,320
comes to implementation of the zoning
ordinance. As such, um, various

1242
01:44:09,760 --> 01:44:17,040
definitions are being proposed to be
added to the zoning ordinance regarding

1243
01:44:14,480 --> 01:44:22,320
things like what is a cigar lounge, what
is hookah, hookah bar, what is a data

1244
01:44:19,679 --> 01:44:27,679
center, what is a data center accessory
use or structure, what is a data center

1245
01:44:25,199 --> 01:44:31,520
energy system. So those are words that
are proposed to be added to the zoning

1246
01:44:29,440 --> 01:44:35,600
ordinance. This is very important
especially when we are if we are adding

1247
01:44:33,520 --> 01:44:40,320
a section to the ordinance that
addresses something that is totally new.

1248
01:44:38,000 --> 01:44:44,480
For example, data center. What is a data
center? Everybody that word is common

1249
01:44:42,400 --> 01:44:47,760
out there but it may mean a lot of
different things to different people

1250
01:44:46,159 --> 01:44:54,159
especially with regard to what goes on
inside a structure. So that is the first

1251
01:44:50,400 --> 01:44:59,119
element that this uh amendment proposes.
The second is to address smoking and

1252
01:44:56,480 --> 01:45:04,000
vaping around public parks. Uh public
parks are supposed to be places that are

1253
01:45:01,440 --> 01:45:08,000
inviting. They are open to use by the
general public at large. Everybody

1254
01:45:05,760 --> 01:45:13,119
should be able to go there and use it
and and use it. Sometimes certain

1255
01:45:10,560 --> 01:45:17,520
activities especially with regard to
things like smoking uh in close

1256
01:45:15,360 --> 01:45:21,920
proximity to the park can be deterrent
to folks with various health conditions

1257
01:45:19,840 --> 01:45:27,280
in particular. So to ensure that the
public parks remain open, inviting and

1258
01:45:24,800 --> 01:45:35,280
usable by the public at large, the
proposal is to limit or restrict vaping

1259
01:45:32,159 --> 01:45:39,360
activities and smoking within 500 ft of
public parks. Of course, there may be

1260
01:45:37,440 --> 01:45:44,480
certain uses that have designated
smoking areas. You may have a particular

1261
01:45:42,239 --> 01:45:47,920
use that has a designated smoking area,
a business on that particular piece of

1262
01:45:46,560 --> 01:45:52,560
property, especially if it exists
already. that will become kind of what

1263
01:45:50,320 --> 01:45:58,320
the common term is grandfather so to
speak that is covered in the zoning

1264
01:45:54,560 --> 01:46:04,320
code. Uh before I come to the element on
data centers with regard to reduction in

1265
01:46:01,119 --> 01:46:09,119
the maximum height of freestanding signs
the office district serves as a kind of

1266
01:46:06,639 --> 01:46:13,840
a transitional district between
residential area and more intensive

1267
01:46:11,440 --> 01:46:20,880
commercial areas. Somehow in the zoning
code the signs that are permitted there

1268
01:46:17,360 --> 01:46:24,239
are as intensive as those or intrusive
as those permitted in the commercial in

1269
01:46:22,800 --> 01:46:29,360
highly intensive commercial zone
industry. So this change is intended to

1270
01:46:27,920 --> 01:46:33,119
recognize that difference that
transitional difference as one goes from

1271
01:46:31,440 --> 01:46:38,320
residential to commercial areas. The
same with neighborhood commercial C1

1272
01:46:35,679 --> 01:46:44,800
zoning district. So the proposal is to
reduce those signs in height from 15 ft

1273
01:46:40,960 --> 01:46:50,880
to 8 ft to make them more transitional,
more conforming, less intrusive with

1274
01:46:47,600 --> 01:46:55,280
adjoining residential districts and also
to reduce the height of signs in the

1275
01:46:53,119 --> 01:47:01,119
highway commercial C2, general
commercial C3 and plan commercial zoning

1276
01:46:57,920 --> 01:47:05,440
district C4 from 25 ft to 12 ft. We
already we've been practicing this

1277
01:47:02,960 --> 01:47:09,119
policy in the city for about the past
five years.

1278
01:47:07,040 --> 01:47:12,880
But it's never really been in the books.
We want to give it teeth by actually

1279
01:47:10,800 --> 01:47:19,840
putting it in the books. The if you look
at the sign, the old shine time,

1280
01:47:18,080 --> 01:47:24,880
Oldtown car wash, what was previously
Oldtown Cars, that sign is 12 ft high

1281
01:47:22,639 --> 01:47:28,719
and it's clearly visible to everybody on
Highway 305. If it were 25 ft high,

1282
01:47:27,679 --> 01:47:31,760
rather it looks like when you're
driving, you're driving under the sign

1283
01:47:30,000 --> 01:47:36,639
and you can't see it. So we've been
implementing this 12 ft high policy in

1284
01:47:34,480 --> 01:47:40,159
the city for a while and it hasn't posed
any problem to anybody. We just want to

1285
01:47:38,639 --> 01:47:45,679
make sure that we have it in the books
and as such it gives some teeth it gives

1286
01:47:42,800 --> 01:47:51,040
uh staff some authority when enforcing
that particular regulation

1287
01:47:47,920 --> 01:47:55,679
with regard to signs in the M1 and M2
zoning district size height and

1288
01:47:52,960 --> 01:48:01,119
locations. The zoning ordinance, the
only district districts in the city of

1289
01:47:58,880 --> 01:48:06,639
Holy Branch that allows signs that are
larger than 400 than 100 square ft

1290
01:48:04,080 --> 01:48:12,400
really permit signs up to 400 square ft
is in the M1 light industrial and the M2

1291
01:48:09,360 --> 01:48:16,480
heavy industrial districts. A sign that
is 400 square ft large is basically a

1292
01:48:14,880 --> 01:48:20,480
billboard.
So really billboards one can say

1293
01:48:18,560 --> 01:48:24,800
billboards are only permitted in the M1
M2 districts in the city. But there is

1294
01:48:22,880 --> 01:48:29,600
no distinction
between on premise and off-remise signs.

1295
01:48:27,600 --> 01:48:35,199
A billboard is an off-remise advertising
sign. So you could have let's say FedEx

1296
01:48:33,679 --> 01:48:40,880
for example, your sign could be a
billboard 400 ft large. You could go on

1297
01:48:38,320 --> 01:48:45,840
Goodman Road Legacy Park and have one of
those industrial Amazon put up a sign 5

1298
01:48:43,440 --> 01:48:49,840
400 ft large. That is what our zoning
ordinance basically currently permits.

1299
01:48:48,080 --> 01:48:54,719
The clean up here is to make a
distinction between on premise signs

1300
01:48:52,719 --> 01:48:59,119
that are usually should be smaller in
size, maximum 100 square feet, just as

1301
01:48:56,800 --> 01:49:04,560
you have in commercial areas and off-
premise advertising signs which are up

1302
01:49:01,760 --> 01:49:10,000
to 400 square ft large. Those off-remise
advertising signs will become subject to

1303
01:49:07,440 --> 01:49:14,880
conditional use permits as opposed to
onremise signs that are treated just

1304
01:49:12,000 --> 01:49:18,239
like signs for any other business. So if
this were approved, a billboard in the

1305
01:49:16,800 --> 01:49:22,960
city will have to go through a
conditional use permit approver by the

1306
01:49:20,719 --> 01:49:27,760
board of zoning adjustment. A key reason
for that will be to ensure that wherever

1307
01:49:25,760 --> 01:49:31,840
that billboard is proposed, the
character of that corridor is taken into

1308
01:49:29,679 --> 01:49:35,199
consideration. It's important to avoid a
situation where you know you have too

1309
01:49:33,760 --> 01:49:39,679
many billboards along a particular
corridor and driving down the city. All

1310
01:49:37,199 --> 01:49:45,840
you see that B billboards sometimes have
in certain uh highways. The second

1311
01:49:43,360 --> 01:49:53,600
element about this with respect to
locations is the distance between these

1312
01:49:51,119 --> 01:49:59,040
very large off-remise advertising signs
is proposed to be increased from 1,000

1313
01:49:55,679 --> 01:50:03,760
ft to 2,000 ft to avoid overcrowding of
these corridors. That's the purpose to

1314
01:50:00,800 --> 01:50:09,600
avoid the corridor becoming overcrowded.
And for height, the billboard signs will

1315
01:50:06,320 --> 01:50:14,719
remain maximum 35 ft high. But for
onremise advertising

1316
01:50:12,560 --> 01:50:19,360
industrial use that will be reduced to
12 ft high just as we have in commercial

1317
01:50:16,719 --> 01:50:25,199
areas.
With regard to data centers which I wish

1318
01:50:22,639 --> 01:50:32,480
to focus on as far as this particular
regulations are concerned,

1319
01:50:28,159 --> 01:50:38,239
the M1 zoning district in the city
has this particular language for

1320
01:50:34,960 --> 01:50:42,320
permitted uses. The zoning ordinance has
conditional uses and permitted uses.

1321
01:50:40,400 --> 01:50:45,760
Permitted uses are permitted by right.
Anybody wants to do anything on that

1322
01:50:44,000 --> 01:50:49,760
particular piece of property. All you
need to do is to submit a site plan to

1323
01:50:48,000 --> 01:50:54,159
the city is reviewed approved
administratively and the applicant goes

1324
01:50:52,000 --> 01:50:57,119
in and puts up the the building or
proceeds with the development. It does

1325
01:50:55,920 --> 01:51:00,000
not go before the board of zoning
adjustment for a conditional use. It

1326
01:50:58,800 --> 01:51:04,080
does not go before the planning
commission. It does not come before the

1327
01:51:01,520 --> 01:51:10,000
board of adamant. So permitted uses, one
of the permitted uses listed in the M1

1328
01:51:07,360 --> 01:51:16,960
and as such also permitted in the M2
zoning district

1329
01:51:12,080 --> 01:51:22,800
is this use number six says wholesale
merchandising or storage warehouses with

1330
01:51:20,239 --> 01:51:28,800
or without accessory retail sales and
offices. Data centers as they are

1331
01:51:25,440 --> 01:51:34,639
commonly known are essentially storage
warehouses for data. That's really what

1332
01:51:31,760 --> 01:51:38,560
they are with or without accessory
components associated with them. So

1333
01:51:36,960 --> 01:51:43,520
somebody walked into the city of Holy
Branch today with a data center

1334
01:51:40,000 --> 01:51:50,560
application that person could argue that
all I have in front of me is a storage

1335
01:51:46,239 --> 01:51:54,639
warehouse for data and as such in the M1
district I'm permitted by right and in

1336
01:51:52,560 --> 01:51:58,960
M2 district I'm permitted by right.
Person could make that argument and we

1337
01:51:57,199 --> 01:52:03,440
would not have a leg to stand on based
on this particular provision.

1338
01:52:01,119 --> 01:52:08,719
In this regard, the city is pretty
susceptible, exposed so to speak,

1339
01:52:06,320 --> 01:52:14,639
considering the negative externalities
or the impact that data centers pose,

1340
01:52:11,760 --> 01:52:21,520
just as from what we have seen around us
go on in Memphis, go on in other cities

1341
01:52:16,719 --> 01:52:28,719
like South Haven. The proposal,
the first thing with regard to this is

1342
01:52:26,159 --> 01:52:34,719
to remove data center from the
possibility of it being a permitted use

1343
01:52:31,280 --> 01:52:40,560
and making it a conditional use in the
M1 and M2 zoning district. As a

1344
01:52:38,000 --> 01:52:45,040
conditional use, they will be subject
therefore to all the general conditions

1345
01:52:42,880 --> 01:52:49,920
of a conditional use permit. I'm glad
you just went through this experience

1346
01:52:46,800 --> 01:52:53,199
with a draward. So those are the general
conditions. Those seven conditions,

1347
01:52:51,360 --> 01:52:57,119
those are character of the area impact
on traffic. All these conditions, those

1348
01:52:55,040 --> 01:53:01,840
are general for every conditional use
permit that comes in. It gives the board

1349
01:52:59,280 --> 01:53:06,560
of zoning adjustment a lot of tip to be
able to vet the application. If it were

1350
01:53:04,480 --> 01:53:11,440
approved or denied, let's say it was
approved, anybody affected the way the

1351
01:53:09,440 --> 01:53:15,199
city ordinance reaches, anybody who is
affected by the decision of the board of

1352
01:53:13,280 --> 01:53:19,199
zoning adjustment can appeal it to the
board of adaman and the board will have

1353
01:53:17,280 --> 01:53:23,040
the opportunity to look at that
particular application. Right now, the

1354
01:53:21,440 --> 01:53:28,000
board has no opportunity to look at
anything. If it were submitted, it will

1355
01:53:25,440 --> 01:53:32,000
be bu straight away. So this is intended
to move it from being kind of a

1356
01:53:30,000 --> 01:53:36,719
permitted use by right to making it a
conditional use permit subject to review

1357
01:53:34,800 --> 01:53:40,639
decision by board of zoning adjustment
appealable to the board of adamment. As

1358
01:53:38,639 --> 01:53:46,400
a matter of fact any adment the mayor
and any adment can ask that it be

1359
01:53:44,239 --> 01:53:50,560
appealed can appeal and require that it
be brought before the board.

1360
01:53:48,800 --> 01:53:54,960
basically what cities regulation says
anybody affected by it anybody can can

1361
01:53:53,199 --> 01:53:58,480
appeal that the decision should be
brought before the board of adamant for

1362
01:53:56,719 --> 01:54:04,080
action. So there are those general
conditions but also there are specific

1363
01:54:01,520 --> 01:54:09,440
conditions that are proposed
in the text before you with regard to

1364
01:54:06,800 --> 01:54:13,599
data centers. Just as you had the
general conditions for for for dropy

1365
01:54:11,440 --> 01:54:18,239
yards and also some very specific
conditions in the same way same thing

1366
01:54:15,920 --> 01:54:22,239
with convenience store with pumps. There
are some very specific conditions. You

1367
01:54:20,239 --> 01:54:27,360
must be at signalized intersection for
example to have uh to qualify for a

1368
01:54:25,599 --> 01:54:30,960
convenience store with fuel pumps in the
city. In the same way you have the

1369
01:54:29,440 --> 01:54:34,719
general conditions for the conditional
use permit that will be applicable and

1370
01:54:32,960 --> 01:54:40,000
you will have some very specific
conditions that will be applicable to

1371
01:54:37,119 --> 01:54:44,560
data centers with regard to their review
and permission as conditional use

1372
01:54:42,159 --> 01:54:49,920
permits. What are these specific
conditions? They address issues of

1373
01:54:46,880 --> 01:54:54,320
locations, setbacks, things that will be
pro prohibited. If we receive an

1374
01:54:52,239 --> 01:54:58,960
application, one of the requirement is
that the applicant will have to submit a

1375
01:54:56,800 --> 01:55:04,560
utility and infrastructure plan to the
city. That is critical.

1376
01:55:01,920 --> 01:55:09,440
This particular use across the country
has significant infrastructure demands

1377
01:55:07,199 --> 01:55:14,080
with regard to power, with regard to
water for example. And right now we

1378
01:55:12,719 --> 01:55:18,880
don't have any of those in the books.
No, none of such requirements exist.

1379
01:55:16,239 --> 01:55:23,679
These particular regulations will
specifically provide and require any

1380
01:55:21,280 --> 01:55:28,639
applicant to provide to the city and
infra a utility and infrastructure plan.

1381
01:55:26,400 --> 01:55:33,920
There must also be a site plan. That
plan must address how will power be

1382
01:55:31,280 --> 01:55:39,119
provided to that particular facility in
a way that it does not pose any negative

1383
01:55:36,880 --> 01:55:44,719
impact to residents of the city of Olive
Branch. Water and waste water.

1384
01:55:43,040 --> 01:55:49,760
Do we have sufficient water in the city?
The plan must address water and

1385
01:55:47,040 --> 01:55:55,679
wastewater issue. The plan must address
the provision of gas community digital

1386
01:55:53,280 --> 01:56:00,560
ecosystem footprint. Sometimes data
centers are not all together. Everything

1387
01:55:57,920 --> 01:56:04,719
about them is not negative. It's not
negative. It's not just also about you

1388
01:56:03,360 --> 01:56:10,480
know you can have a vacant piece of
property that is developed and taxes

1389
01:56:07,920 --> 01:56:15,520
increase because of that. But they can
also provide a certain digital footprint

1390
01:56:13,199 --> 01:56:19,280
with respect to optic fibers that can be
beneficial to hospitals, to other

1391
01:56:17,360 --> 01:56:23,599
institutions such as schools, all of
those elements. How would this benefit

1392
01:56:21,520 --> 01:56:28,719
the city of Holybrang so to speak,
beyond just the tax element, you know,

1393
01:56:26,320 --> 01:56:32,080
ground and roof mounted equipment, data
centers, if you look at the picture in

1394
01:56:30,480 --> 01:56:36,239
front of you, that is an example of a
data center. They have a lot of

1395
01:56:34,000 --> 01:56:41,599
equipment often on the roof and also on
the ground. It can really turn an area

1396
01:56:38,800 --> 01:56:47,760
into a cluster looking overcrowded and
and losing a sense of aesthetics. How

1397
01:56:43,760 --> 01:56:52,719
will all of that be burdened?
You know, the regulations

1398
01:56:49,840 --> 01:56:59,360
call for the provision of those
measures, screening and assessing

1399
01:56:55,040 --> 01:57:03,840
structures, cooling and energy systems.
A lot of the water that is used in data

1400
01:57:01,440 --> 01:57:07,280
centers is really about cooling. You
have to cool those computers otherwise

1401
01:57:05,440 --> 01:57:14,080
they will catch fire.
So how would those be cooled in a way

1402
01:57:09,840 --> 01:57:19,199
that water in the city is not negatively
impacted aquifer and so on, water

1403
01:57:16,639 --> 01:57:24,480
availability, water pressure, perimeter
fencing and security. How will all of

1404
01:57:20,960 --> 01:57:28,840
that be provided? The regulations also
include performance standards.

1405
01:57:29,040 --> 01:57:36,800
Often public opposition with regard to
data centers focus on these four or five

1406
01:57:34,080 --> 01:57:42,639
main things. noise the experience from
South Heaven is significant you know uh

1407
01:57:39,760 --> 01:57:47,280
generator and testing you have all the
turbines the generators that are

1408
01:57:44,320 --> 01:57:52,880
producing all this noise cooling waste
heat that comes from these facilities

1409
01:57:49,840 --> 01:57:57,199
the computers they keep running 24 hours
you stock all of them in one giant

1410
01:57:54,719 --> 01:58:01,520
building you get a lot of heat coming
from there how do you manage all of that

1411
01:57:59,440 --> 01:58:06,960
in the city so the regulations are
intended to address all of this I will

1412
01:58:04,480 --> 01:58:12,080
speak to a number of the key adverse
impact or negative externalities

1413
01:58:09,520 --> 01:58:18,239
elements and key points in the
regulations that are intended to address

1414
01:58:14,000 --> 01:58:23,280
this. The first has to do with noise.
Number of provisions or stipulations are

1415
01:58:21,360 --> 01:58:29,280
proposed in the ordinance to address the
noise issue. One of the approaches used

1416
01:58:26,400 --> 01:58:32,639
is all data centers are not the same.
They're not all the same. They in

1417
01:58:31,280 --> 01:58:37,679
different tiers. There are some of them
that more are more intensive what is

1418
01:58:34,080 --> 01:58:41,760
called a super scale you know the X AI
those are usually the last one the last

1419
01:58:39,360 --> 01:58:47,360
ones that create all the noise there are
some data centers that don't even

1420
01:58:44,080 --> 01:58:51,199
provide or do not need external
redundancy measures you know external

1421
01:58:49,360 --> 01:58:56,080
turbines and so on they don't include
all of that so the first year these are

1422
01:58:53,440 --> 01:59:00,560
low intensity data centers they're less
than 50,000 square feet in gross floor

1423
01:58:58,239 --> 01:59:05,520
area less than 10 megawatt peak
electrical demand less than 50,000

1424
01:59:03,119 --> 01:59:10,960
gallons average daily water demand less
than no and one thing I should say is no

1425
01:59:08,639 --> 01:59:15,840
matter how less this is all of them
still have to provide those

1426
01:59:13,599 --> 01:59:20,239
infrastructure plans everybody goes
through the the process everybody no

1427
01:59:18,000 --> 01:59:23,920
matter the tier that a data center falls
through it in so far as it's a data

1428
01:59:22,239 --> 01:59:29,280
center it has to go through a
conditional use permit and meet all the

1429
01:59:25,920 --> 01:59:35,360
criteria these tears just simply
acknowledge the nature of the industry.

1430
01:59:32,800 --> 01:59:43,280
Can put it that way. With regard to tier
one, the minimum setback if

1431
01:59:39,360 --> 01:59:48,960
a low inensity data center does not it
has no diesel generators, no gas

1432
01:59:45,840 --> 01:59:54,639
turbines, no combustion based backup
generation. Then it has to be minimum

1433
01:59:51,599 --> 01:59:58,880
500 ft from all lines of schools,
hospitals, child care facilities,

1434
01:59:56,800 --> 02:00:03,679
nursing homes, public parks, religious
institutions and residentially used,

1435
02:00:01,119 --> 02:00:08,080
residentially zoned properties. These
are usually the elements that create the

1436
02:00:06,000 --> 02:00:13,199
negative externalities, the noise and so
on. If it doesn't involve any of this,

1437
02:00:11,040 --> 02:00:17,360
then it's just like any other you can
call it small warehouse almost like a

1438
02:00:14,719 --> 02:00:23,199
contractor storage yacht so to speak. So
that is required to be minimum 500 ft

1439
02:00:19,840 --> 02:00:28,960
separation from those protected uses. If
it involves any of this then it has to

1440
02:00:25,599 --> 02:00:34,719
be minimum 1,000 ft.
For the second tier these are more

1441
02:00:31,599 --> 02:00:40,719
intensive as one goes up. The building
for example increases from 50,000 to

1442
02:00:37,440 --> 02:00:47,440
250,000 square ft of gross floor area.
peak demand increases from less than 10

1443
02:00:44,000 --> 02:00:53,119
10 to 10 megawatts to 50 megawatt. If
you fall within this tier two, it has to

1444
02:00:50,080 --> 02:00:58,960
be minimum 1,000 ft from all the
protected uses.

1445
02:00:55,679 --> 02:01:04,560
terms of location if it is a tier three
this are the super scale greater than

1446
02:01:01,679 --> 02:01:09,599
250,000 square feet of gross floor area
greater than 50 megawatt peak electrical

1447
02:01:06,719 --> 02:01:13,760
demand greater than 500,000 gallons
average daily water demand basically

1448
02:01:12,239 --> 02:01:20,639
what you have in S heaven what you have
in in Memphis if you have any of this it

1449
02:01:16,480 --> 02:01:25,040
has to be minimum 2,000 ft from all lot
lines of schools hospitals child care

1450
02:01:22,719 --> 02:01:28,639
facilities nursing homes public parks
religious just institutions,

1451
02:01:26,639 --> 02:01:33,599
residentially used, residentially zoned
property. So this buffer, this setback

1452
02:01:31,360 --> 02:01:39,040
requirement is one of the measures with
regard to dealing with noise. The second

1453
02:01:36,320 --> 02:01:43,920
and the third, the board of zoning
adjustment may require that that

1454
02:01:41,199 --> 02:01:47,679
distance be increased
when reviewing the application. So the

1455
02:01:46,080 --> 02:01:51,440
regulations before you have that
provision. the board of zoning

1456
02:01:49,599 --> 02:01:55,599
adjustment can look at the particular
area, look at the other existing uses

1457
02:01:54,320 --> 02:02:00,639
around them, especially if they're
already noisy because noise has a

1458
02:01:57,840 --> 02:02:04,239
tendency to kind of add noise, the noise
waves, they add to each other and they

1459
02:02:02,480 --> 02:02:09,199
can become significant. So the board of
zoning adjustment can require that that

1460
02:02:06,639 --> 02:02:14,000
distance be increased. Lastly, and this
is important, the noise from routine

1461
02:02:11,840 --> 02:02:18,880
operations including primary and
accessory structures and uses and all

1462
02:02:16,320 --> 02:02:24,400
energy systems that include generators,
turbines, anything from that particular

1463
02:02:21,119 --> 02:02:31,599
data from a data center shall not exceed
45 dibels and not all 45 dbc between

1464
02:02:29,599 --> 02:02:37,920
9:00 p.m. and 6:00 a.m. that is in the
night and shall not exceed 65 dBA and 55

1465
02:02:35,199 --> 02:02:46,320
dbc at any other times that is during
the day. 45 dBA is the sound of a

1466
02:02:42,239 --> 02:02:51,599
refrigerator in the house.
So inside a single family home 45 dBA is

1467
02:02:49,360 --> 02:02:54,719
the sound of your refrigerator. Nobody
in their bedroom hears the sound of a

1468
02:02:53,119 --> 02:03:00,639
refrigerator booming in the kitchen for
example. And this is not the sound at

1469
02:02:58,400 --> 02:03:08,159
the residential property line property
line. This is the sound at the property

1470
02:03:04,960 --> 02:03:14,639
line of the data center which shall be
minimum 500 a,000 or 2,000 ft

1471
02:03:12,960 --> 02:03:19,920
from the residential property. So
there's absolutely no way that with this

1472
02:03:17,760 --> 02:03:24,239
level of sound control anybody living in
a residential property will hear any

1473
02:03:21,760 --> 02:03:28,239
sound. We actually bought a sound meter.
I went out and I carried out an

1474
02:03:25,679 --> 02:03:32,000
experiment twice using this and there
was absolutely no sound. Three times

1475
02:03:30,320 --> 02:03:36,239
during the day I carried out an
experiment using this. So this is not

1476
02:03:34,639 --> 02:03:40,880
the sound at the property line of a
residential property. This is the sound

1477
02:03:38,480 --> 02:03:47,599
at the property line of the data center
which must be 500, 1,000 or 2,000 ft

1478
02:03:45,040 --> 02:03:53,360
depending on the tier from a residential
land use.

1479
02:03:50,320 --> 02:03:57,840
The second has to do with water. Any
water used in that facility must be

1480
02:03:55,119 --> 02:04:02,239
closed loop. I mentioned we have to
ensure in other words the water

1481
02:04:00,000 --> 02:04:08,000
basically has to be recycled to cool the
system. Uh the study must show no

1482
02:04:05,360 --> 02:04:11,760
negative impact on public use of water
in the city of Olive Branch with respect

1483
02:04:09,599 --> 02:04:17,119
to quantity with respect to water
pressure with respect to cost to other

1484
02:04:14,639 --> 02:04:20,800
residents in the city. The study must
show that there will be no negative

1485
02:04:18,880 --> 02:04:26,080
impact. And if that impact begins to
show up, the board of zoning adjustment

1486
02:04:23,280 --> 02:04:30,960
will step in and and and address that
that particular issue. Containment

1487
02:04:28,400 --> 02:04:34,800
system required for all cooling fluids.
No discharge of untreated processed

1488
02:04:33,040 --> 02:04:38,400
water or chemical waste to municipal
storm water systems, drainage

1489
02:04:36,560 --> 02:04:43,840
infrastructure or the sanitary sew
system at any time. And lastly, any

1490
02:04:41,199 --> 02:04:47,440
water infrastructure upgrades shall be
fully the responsibility of the data

1491
02:04:45,520 --> 02:04:51,440
center developer, not the responsibility
of the city of Oly branch. One other

1492
02:04:49,599 --> 02:04:56,960
very important one I forgot to include
in here.

1493
02:04:53,760 --> 02:05:02,239
Uh city well where we have our wells in
the city. You cannot have a data center

1494
02:04:58,960 --> 02:05:07,920
within 1,000 ft of a protected wellhead
in the city. So that is also included in

1495
02:05:04,880 --> 02:05:12,239
the regulations.
The next has to do with power. The study

1496
02:05:10,080 --> 02:05:18,320
must show no negative impact on public
use of power availability cost in the

1497
02:05:15,280 --> 02:05:22,320
city. Any power infrastructure upgrades
shall be fully the responsibility of the

1498
02:05:20,480 --> 02:05:27,360
developer.
The use of systems such as generators

1499
02:05:25,119 --> 02:05:33,199
can produce all kinds of fumes
environmental concerns. The regulations

1500
02:05:30,159 --> 02:05:38,639
specify that any backup diesel generate
generators shall be a minimum of tier

1501
02:05:36,080 --> 02:05:42,800
four. That is the highest under EPA with
respect to environmental cleanliness is

1502
02:05:40,400 --> 02:05:47,280
the highest uh level that you can have
and generators shall be tested only

1503
02:05:44,880 --> 02:05:51,199
during the hours of 12:00 p.m. to 5:00
p.m. Monday through Friday during the

1504
02:05:49,199 --> 02:05:56,159
day. Those are the most intensive busy
hours in the city. With respect to waste

1505
02:05:53,599 --> 02:06:02,159
heat, the study must show no negative
impact on public use of power or heat in

1506
02:05:58,880 --> 02:06:06,560
the system. any discharge, venting or
exhaust from any equipment from that

1507
02:06:03,920 --> 02:06:13,159
data center cannot raise the ambient
temperature at the property line of that

1508
02:06:08,320 --> 02:06:13,159
property up to 4 ft. You know,

1509
02:06:20,320 --> 02:06:28,159
machinery or operation shall not raise
the ambient temperature at any external

1510
02:06:25,199 --> 02:06:34,000
perimeter property line above naturally
occurring conditions when measured at a

1511
02:06:30,719 --> 02:06:38,480
height of 4 ft above ground level.
So that is to ensure that we do not have

1512
02:06:36,639 --> 02:06:42,480
heat dissipated and the instruments to
measure this. All of that have been

1513
02:06:40,000 --> 02:06:47,119
provided in the regulations. Any rooftop
or wall-mounted heat exhaust systems

1514
02:06:44,800 --> 02:06:53,199
shall be equipped such that we do not
have heat escaping from these areas.

1515
02:06:50,320 --> 02:06:56,560
One area that is what addressing is
decommissioning.

1516
02:06:54,719 --> 02:06:59,920
Data centers can sometimes almost be
like gas stations. They can go out of

1517
02:06:57,840 --> 02:07:04,639
business in order to relocated to
different areas. There are attempts

1518
02:07:01,920 --> 02:07:07,360
today to relocate them to space. They
are all relocated to space. What happens

1519
02:07:06,159 --> 02:07:12,000
to the ones that have been constructed
on earth so to speak here on the ground?

1520
02:07:10,239 --> 02:07:15,040
The city protects itself. These
regulations seek to protect the city by

1521
02:07:14,079 --> 02:07:20,079
addressing the element of
decommissioning before operations begin.

1522
02:07:17,840 --> 02:07:24,239
every data center. This is basically
like what we do for subdivisions. Every

1523
02:07:22,560 --> 02:07:28,400
data center operator must provide to the
city of olive branch an irrevocable

1524
02:07:26,400 --> 02:07:32,880
letter of credit of sufficient amount to
cover the elements of decommissioning

1525
02:07:30,639 --> 02:07:37,199
and it's irrevocable. That means it
basically rend so far as the life it's

1526
02:07:35,360 --> 02:07:41,360
not something that the very next year
it's it's going to expire. No, it

1527
02:07:38,639 --> 02:07:46,639
remains in the books.
The board has before it a number of

1528
02:07:43,599 --> 02:07:51,280
options. About four months ago when the
mayor asked staff planning staff to

1529
02:07:48,800 --> 02:07:56,400
start looking into this issue of data
centers there were basically a number of

1530
02:07:53,679 --> 02:08:01,599
options before us mainly three the first
was a do nothing option just let it go

1531
02:07:59,599 --> 02:08:05,920
don't bother about it you know do
nothing we hear in the term data centers

1532
02:08:03,920 --> 02:08:11,360
it may come one day it may not come to
branch so do nothing about it that was

1533
02:08:08,239 --> 02:08:16,239
the first option we had that option does
not protect the public interest in any

1534
02:08:13,599 --> 02:08:22,159
Today it leaves us, it leaves the city
of Olive Branch as exposed as it were in

1535
02:08:18,480 --> 02:08:27,440
Memphis, as it were in South Heaven.
Noise pollution, problems with water,

1536
02:08:24,880 --> 02:08:32,800
problems with electricity and so on. So
that was that is a do nothing option

1537
02:08:29,840 --> 02:08:38,119
that we did not find attainable.
The second is to impose a moratorum.

1538
02:08:38,320 --> 02:08:47,840
This is an option that certain cities
and counties have adopted across the

1539
02:08:42,800 --> 02:08:52,400
state and across um across the country.
But it still leaves the city exposed to

1540
02:08:50,000 --> 02:08:56,960
legal challenges with regard to any
moratorium when it comes to a use. A

1541
02:08:54,880 --> 02:09:02,560
data center potential developer could
always argue that a moratorium, for

1542
02:08:59,599 --> 02:09:07,119
example, denies that applicant certain
due process rights. I want to be able to

1543
02:09:04,320 --> 02:09:11,599
have my day before the city before any
legal entity approving uh entity to

1544
02:09:10,480 --> 02:09:15,760
examine my application. But the
moratorium essentially denies that

1545
02:09:13,599 --> 02:09:19,520
opportunity. It leaves the city
unprotected if a judge overturns a

1546
02:09:17,760 --> 02:09:24,000
moratorum and that is beginning to
happen across in in

1547
02:09:21,840 --> 02:09:27,520
the country where those moratoriums are
beginning to be challenged by data

1548
02:09:25,520 --> 02:09:32,639
center applicants. I forgotten the city.
I was reading one this morning. the the

1549
02:09:30,880 --> 02:09:37,760
potential data center. The city passed a
moratorium. Potential data center

1550
02:09:34,960 --> 02:09:40,880
applicant filed a lawsuit and then the
board immediately met and overturned

1551
02:09:39,199 --> 02:09:45,199
their own moratorium because they
realize how long how much the city was

1552
02:09:42,800 --> 02:09:48,880
exposed and if a judge were to overturn
that moratorum then the very next day

1553
02:09:47,360 --> 02:09:53,280
the data center applicant could walk
into the office and hand over an

1554
02:09:50,159 --> 02:09:58,079
application and we will be unprotected.
So that was not an option a wise option

1555
02:09:55,760 --> 02:10:02,639
to take. The third option is what the
planning commission did basically to

1556
02:10:00,639 --> 02:10:08,000
review this application to review the
regulations and the planning commission

1557
02:10:04,560 --> 02:10:12,079
has had three public hearings on this
made a number of changes from what the

1558
02:10:09,840 --> 02:10:16,880
initial proposal was added a number of
things have start worked on this for 3

1559
02:10:14,400 --> 02:10:21,520
months and then finally proposed the
regulations recommended for approval the

1560
02:10:19,119 --> 02:10:26,639
regulations that you have before you. So
the planning commission at its meeting

1561
02:10:22,960 --> 02:10:29,599
on July 14 approved and recommended same
that the board of adaman amend the

1562
02:10:28,079 --> 02:10:34,800
zoning ordinance of the city of olive
branch by repealing the language that is

1563
02:10:32,000 --> 02:10:39,119
struck in in the draft that you have and
adopting the provisions that are

1564
02:10:36,560 --> 02:10:45,040
underlined in the concern sections of
the zoning ordinance attached in your

1565
02:10:41,840 --> 02:10:51,040
packet. Amendments I should indicate
include the with regard to signs in the

1566
02:10:48,320 --> 02:10:55,679
M1 and M2 zoning districts. Those are
also before the board for approval in

1567
02:10:53,760 --> 02:11:01,199
the text that you have. That concludes
staff's presentation. Thank you.

1568
02:10:58,239 --> 02:11:05,119
» Thank you, Dr. Saw. Board, any questions
on this staff report?

1569
02:11:02,400 --> 02:11:10,480
» I got I got a couple.
Can you go back to where

1570
02:11:07,920 --> 02:11:17,199
were you with the timeline? Was there a
time on that like uh no

1571
02:11:15,119 --> 02:11:23,040
generators at night and things at
certain hours? Was it 900 pm? Yes, sir.

1572
02:11:20,400 --> 02:11:27,280
I believe. Yes.
Generator shall only be tested basically

1573
02:11:25,520 --> 02:11:32,960
during the day between 12:00 p.m. and
5:00 p.m. Those are the most active

1574
02:11:30,400 --> 02:11:36,960
hours of city life, so to speak. Not in
the morning when folks may still be

1575
02:11:34,480 --> 02:11:41,679
sleeping or in the evening after work.
That can and even with this testing,

1576
02:11:39,520 --> 02:11:46,159
this does not imply that while those
generators are being tested within those

1577
02:11:43,280 --> 02:11:51,679
hours, the the noise at the property
line can increase beyond 45 dibs. No. At

1578
02:11:49,199 --> 02:11:55,840
all times, the noise at the property
line cannot exceed 45 dibels whether

1579
02:11:54,320 --> 02:11:59,840
you're testing the generator or not
testing the generator.

1580
02:11:56,800 --> 02:12:06,560
» So, so that's to stop the noise from
traveling. I think they up to

1581
02:12:03,119 --> 02:12:10,560
4 and a half miles on level on quiet
night. They say that some of the low

1582
02:12:08,159 --> 02:12:14,400
dust can you can hear the humming. I
know you can the one over in South

1583
02:12:12,800 --> 02:12:20,159
Haven. You can hear
>> the the the humming noise comes from the

1584
02:12:18,000 --> 02:12:22,960
DBC element. This is low frequency,
>> right?

1585
02:12:20,560 --> 02:12:26,560
» So our regulations are written to take
care of both high frequency and low

1586
02:12:24,639 --> 02:12:30,079
frequency noise
>> to eliminate it at the property line.

1587
02:12:28,480 --> 02:12:31,599
» At at the property line. Yes, sir.
>> Okay.

1588
02:12:30,400 --> 02:12:34,639
» So at the property line, whether it's
low frequency noise or high frequency

1589
02:12:33,280 --> 02:12:40,480
noise, all of it is controlled.
>> So if it ever increases past that

1590
02:12:38,000 --> 02:12:47,040
that maximum decibel at the property
line, what what do we do? shut them down

1591
02:12:43,360 --> 02:12:49,760
or are they outside the do they lose
their conditional use or what is the

1592
02:12:48,880 --> 02:12:53,040
proposal on that?
>> The board of zoning adjustment has the

1593
02:12:51,440 --> 02:12:56,239
powers to withdraw the conditional use
permit.

1594
02:12:54,079 --> 02:12:57,840
» So is it immediate or
>> I'm sorry sir

1595
02:12:57,040 --> 02:13:02,800
» requires a hearing
>> a hearing it would require a public

1596
02:13:00,000 --> 02:13:06,320
hearing. So if we had complaints that
this particular data center noise is,

1597
02:13:05,119 --> 02:13:09,840
you know, they're getting noise from it
in the neighborhood, we will go to the

1598
02:13:08,800 --> 02:13:15,280
property line, we'll do all the
measurements, notify the property owner

1599
02:13:12,320 --> 02:13:18,800
and basically say you're in violation.
You have to tone down whatever noise you

1600
02:13:17,199 --> 02:13:22,320
are producing here. If that doesn't
happen, we'll bring the applicant, the

1601
02:13:21,040 --> 02:13:26,320
developer before the board of zoning
adjustment. And the board of zoning

1602
02:13:24,159 --> 02:13:30,079
adjustment has the authority to pull
that conditional use permit to basically

1603
02:13:27,920 --> 02:13:32,320
revoke it and require that that data
center be shut. And the board of zoning

1604
02:13:31,280 --> 02:13:34,960
adjustment has done that with some
businesses in the city.

1605
02:13:33,520 --> 02:13:40,560
» But before they ever get to this point,
they'd have to get a cup or conditional

1606
02:13:37,360 --> 02:13:43,119
use permit. To ever get to that point,
they'd have to agree that this is what

1607
02:13:42,320 --> 02:13:46,400
they're going to do.
>> Yes, sir.

1608
02:13:43,920 --> 02:13:50,000
» Okay. their study and all the
structures, all the instruments they

1609
02:13:47,920 --> 02:13:53,520
have in there will have to show that
they will meet this standard and they

1610
02:13:51,760 --> 02:13:56,239
will commit to it. The board of zoning
adjustment in the granting of the

1611
02:13:54,800 --> 02:14:00,960
conditional use permit is basically
granting it subject to all these

1612
02:13:58,239 --> 02:14:04,960
conditions being met. So if at any time
any of these conditions are not been

1613
02:14:02,560 --> 02:14:08,800
met, then the data center is in
violation of the conditions of his

1614
02:14:06,320 --> 02:14:14,000
conditional use permit and that permit
is therefore subject to revocation.

1615
02:14:12,000 --> 02:14:17,400
We have nothing in the books right now.
We have nothing.

1616
02:14:18,480 --> 02:14:23,840
» Additional questions on the staff
report.

1617
02:14:21,840 --> 02:14:27,760
» One question. I know everybody's
concerned about the data centers, but on

1618
02:14:25,360 --> 02:14:33,679
the office signs where we're reducing
the monuments on the office. We're

1619
02:14:31,280 --> 02:14:38,639
reducing the height they can have. Do we
have any signs in the office areas now

1620
02:14:36,880 --> 02:14:41,679
that are going to exceed it and have to
be grandfathered in or is that going to

1621
02:14:40,800 --> 02:14:44,639
be an issue?
>> If any sign exceeds it would be

1622
02:14:43,840 --> 02:14:46,560
grandfathered.
>> Okay.

1623
02:14:45,040 --> 02:14:51,360
» It will not it will not be taken on to
the day that the sign is taken down then

1624
02:14:49,760 --> 02:14:55,679
it can it will be required to meet those
those new regulations.

1625
02:14:52,960 --> 02:14:59,679
» All right.
>> Do we have any smoke shop things or

1626
02:14:58,159 --> 02:15:04,079
whatever cigar what are they called?
cigar bars or whatever they are within

1627
02:15:02,400 --> 02:15:08,960
that will be outside the ordinance and
be ground or will they something like

1628
02:15:07,040 --> 02:15:11,360
that are they automatically outside the
ordinance

1629
02:15:10,480 --> 02:15:15,280
» immediately
>> within 500 ft of a city park for example

1630
02:15:14,480 --> 02:15:19,840
» u
>> I don't I'm not aware of any

1631
02:15:18,159 --> 02:15:23,000
» none would be in violation today
>> in violation

1632
02:15:25,040 --> 02:15:29,040
» any additional questions before public
comments

1633
02:15:30,320 --> 02:15:35,000
public comments. Dion Jones.

1634
02:15:39,679 --> 02:15:45,760
Thank you, board. Thank you, Mayor Board
of Alderman. Uh for those who may not

1635
02:15:43,840 --> 02:15:49,280
know me, I serve as uh chairman of the
Olive Branch Planning Commission. And I

1636
02:15:48,000 --> 02:15:53,119
just want to be clear, I'm not speaking
tonight on behalf of every commissioner.

1637
02:15:50,960 --> 02:15:56,960
The commission has spoken through the
recommendations it's forward to the

1638
02:15:54,800 --> 02:16:00,320
board. I'm also a resident of Olive
Branch and I care about the responsible

1639
02:15:58,639 --> 02:16:04,639
growth, our neighborhoods, our
infrastructure and what the community

1640
02:16:01,679 --> 02:16:09,040
will will look like in 20 or 30 years
from now. I don't believe we should

1641
02:16:06,800 --> 02:16:13,040
approach this issue as simply being for
data centers or against data centers.

1642
02:16:11,280 --> 02:16:18,079
Our responsibility in planning is to
make sure that if one is proposed, the

1643
02:16:15,520 --> 02:16:23,199
city has the information, standards, and
tools necessary to evaluate the

1644
02:16:20,639 --> 02:16:28,079
particular project responsibly. There
are legitimate concerns. Water use,

1645
02:16:25,360 --> 02:16:33,439
electrical demand, power generation,
noise, backup generation, generators,

1646
02:16:30,719 --> 02:16:37,760
infrastructure, setbacks, and impacts on
the surrounding property. Those

1647
02:16:35,280 --> 02:16:41,200
questions deserve answers, but the
questions should not automatically

1648
02:16:39,200 --> 02:16:45,920
become a conclusion.
Data centers can differ significantly in

1649
02:16:43,200 --> 02:16:49,760
size, cooling technology, water use,
power supply, and impact. A problem

1650
02:16:48,319 --> 02:16:53,359
associated with a facility somewhere
else may give us an important question

1651
02:16:51,439 --> 02:16:58,080
to ask here, but it does not necessarily
give us the answer. We also looked at

1652
02:16:55,840 --> 02:17:02,319
this from a land use perspective. Olive
Branch does not have an unlimited supply

1653
02:16:59,840 --> 02:17:06,160
of large industrial tracks. How we use
that land matters, not just today, but

1654
02:17:04,559 --> 02:17:10,479
for the long-term development of the
city. There was also another important

1655
02:17:08,559 --> 02:17:14,880
consideration during the process. It was
explained that without a specific

1656
02:17:13,120 --> 02:17:18,800
definition and regulations for data
centers, a proposal could potentially

1657
02:17:16,800 --> 02:17:24,800
fall under existing warehouse or storage
classifications and depending on zoning

1658
02:17:21,679 --> 02:17:29,359
become a use by ride. So to me, creating
regulations for data centers does not

1659
02:17:27,200 --> 02:17:35,280
open the door to them. It gives the city
a better ability to control that door.

1660
02:17:32,880 --> 02:17:39,280
It also allows us the questions to ask
the questions and require information

1661
02:17:36,800 --> 02:17:42,319
before making a decision. How much water
will be used? How much electricity will

1662
02:17:41,040 --> 02:17:45,920
you require? And how will it be
supplied? How will the facility be

1663
02:17:44,399 --> 02:17:50,559
cooled? Whether the noise,
infrastructure and surrounding land land

1664
02:17:47,840 --> 02:17:55,840
use impacts. Then evaluate the actual
proposal against established standards.

1665
02:17:53,359 --> 02:17:59,920
And I think the distinction is very
important tonight. Establishing

1666
02:17:57,920 --> 02:18:04,160
regulations for data centers is not the
same thing as approving data centers. A

1667
02:18:02,479 --> 02:18:08,319
future proposal still has to stand on
its own merits and the city retains the

1668
02:18:05,920 --> 02:18:12,240
ability to say no when a project is not
appropriate. The planning commission has

1669
02:18:10,559 --> 02:18:15,920
already demonstrated that we recommend
that we can recommend against a

1670
02:18:13,920 --> 02:18:20,559
particular proposal while also believing
that strong regulations should be in

1671
02:18:17,599 --> 02:18:23,200
place for whatever comes next. I respect
the residents who have taken the time to

1672
02:18:22,080 --> 02:18:27,120
come here tonight and voice our
concerns. I simply hope our decisions

1673
02:18:25,439 --> 02:18:30,800
continue to be driven by facts rather
than assumptions. That we ask the

1674
02:18:29,200 --> 02:18:35,280
questions that we require the
information. consider the land,

1675
02:18:32,800 --> 02:18:40,080
establish strong standards, evaluate
each project on its own merits. That is

1676
02:18:38,639 --> 02:18:43,120
what I believe responsible planning
looks like, both as a planning

1677
02:18:41,599 --> 02:18:48,639
commissioner and as someone who calls
Olive Branch home. Thank you.

1678
02:18:46,960 --> 02:18:53,439
Right on three minutes, Mr. Jones,
you've probably been on the other side

1679
02:18:50,080 --> 02:19:00,359
of this podium before or the lectan.
Miss Ashley Shield Sh. Miss Ashley Sh.

1680
02:18:57,359 --> 02:19:00,359
Okay.

1681
02:19:18,639 --> 02:19:26,319
Hi, my name is Ashley Shide. I live at
6303 Darren Drive. Uh, Mr. Mayor and

1682
02:19:24,559 --> 02:19:31,359
members of the board, I want to start by
thanking Dr. Song and Mr. Lewis um and

1683
02:19:30,000 --> 02:19:35,760
the board of planning for the work
that's gone into developing these data

1684
02:19:33,439 --> 02:19:39,599
center regulations. I wasn't sure how to
sign up today because I'm very much for

1685
02:19:38,000 --> 02:19:43,920
this ordinance, but I do think that
there are a few areas that still leave

1686
02:19:41,599 --> 02:19:47,040
the city a little bit vulnerable. Uh the
updated criteria are significantly

1687
02:19:45,840 --> 02:19:50,720
better than what was originally
presented and the city has made some

1688
02:19:48,640 --> 02:19:54,479
very meaningful improvements. I believe
that we share the same goal of creating

1689
02:19:52,560 --> 02:19:58,000
a strong ordinance that serves the
interest of the city while

1690
02:19:55,600 --> 02:20:01,920
simultaneously protecting its residents.
However, I don't believe we are quite

1691
02:19:59,760 --> 02:20:06,880
there yet. I'd like to suggest three
things to be added to make the

1692
02:20:04,000 --> 02:20:11,359
regulation stronger. First, uh put an
actual ceiling on water consumption. The

1693
02:20:09,439 --> 02:20:15,200
ordinance does a much better job of
monitoring water use, but there's an

1694
02:20:13,439 --> 02:20:19,760
important difference between monitoring
and limiting water consumption. I would

1695
02:20:18,080 --> 02:20:24,160
ask that the city establish a maximum
allowable water consumption based on

1696
02:20:21,920 --> 02:20:28,399
demonstrated excess capacity in all of
Branch's water system. Uh that limit

1697
02:20:26,720 --> 02:20:32,160
should take into account not only one
data center but the cumulative water

1698
02:20:30,240 --> 02:20:36,960
demand of every data center that could
eventually operate in our community.

1699
02:20:34,880 --> 02:20:41,680
Second, require a drought and water
emergency plan. The ordinance should

1700
02:20:39,359 --> 02:20:45,040
specifically address what happens if
Olive branch experiences drought

1701
02:20:43,359 --> 02:20:49,200
conditions, water shortages,
infrastructure failures, contamination,

1702
02:20:47,359 --> 02:20:53,200
or an emergency requiring water
conservation. During a water emergency,

1703
02:20:51,760 --> 02:20:57,920
I believe data centers should have
mandatory conservation requirements and

1704
02:20:55,439 --> 02:21:03,760
should be not be treated the same as
essential residential water use. Third,

1705
02:21:01,280 --> 02:21:08,160
uh require continuous noise monitoring.
The new noise standards are a major

1706
02:21:05,840 --> 02:21:12,399
improvement, but for the large tier
three facilities, I would ask for

1707
02:21:10,160 --> 02:21:16,720
continuous publicly accessible noise
monitoring at the residential side of

1708
02:21:14,240 --> 02:21:20,319
the property. Residents should not have
to call city hall at 2 in the morning

1709
02:21:18,560 --> 02:21:23,920
and say something is wrong with the
noise. The city should already have the

1710
02:21:22,479 --> 02:21:28,720
data and there should be clear
consequences when the facility exceeds

1711
02:21:26,080 --> 02:21:31,920
its permitted limits.
I believe Olive Branch can be a

1712
02:21:30,399 --> 02:21:35,680
community that welcomes responsible
economic development without sacrificing

1713
02:21:33,920 --> 02:21:39,359
the quality of life that brought people
here in the first place. This is not an

1714
02:21:37,680 --> 02:21:42,880
argument against data centers. It's an
argument for getting the rules right

1715
02:21:40,720 --> 02:21:46,640
before we approve them. The updated
criteria show that board of planning has

1716
02:21:44,880 --> 02:21:50,319
been willing to responsibly listen to
the public and make improvements. Our

1717
02:21:48,880 --> 02:21:55,680
wonderful city has been given the gift
of time, resources, and the ability to

1718
02:21:53,040 --> 02:21:59,359
learn from others mistakes. I am asking
you to respect your constituents

1719
02:21:57,200 --> 02:22:03,040
concerns, protect the people who are
already live here, and continue this

1720
02:22:01,359 --> 02:22:08,319
improvement process until we get it
right. Um, I'd actually like to end with

1721
02:22:05,520 --> 02:22:13,040
a question for Dr. Asang, and I believe
he sort of was touching on this a few

1722
02:22:10,640 --> 02:22:19,200
minutes ago, um, regarding conditional
use permit revocation. If a data center

1723
02:22:16,399 --> 02:22:23,200
violates the established ordinance, um
who specifically is responsible for

1724
02:22:21,280 --> 02:22:28,640
bringing this in front of the board of
zoning adjustment to revoke the cup? I

1725
02:22:26,479 --> 02:22:34,240
don't like is it you? Is it the mayor?
Um basically, who are we as a community

1726
02:22:31,600 --> 02:22:40,720
trusting to ensure the proposed
consequences occur if this ordinance is

1727
02:22:37,200 --> 02:22:43,120
violated? That's it. Thanks.
>> Thank you.

1728
02:22:41,680 --> 02:22:48,720
» Sure.
>> Question. uh the city's code enforcement

1729
02:22:46,080 --> 02:22:52,319
department is uh charged with enforcing
the zoning ordinance. So if there's a

1730
02:22:50,240 --> 02:22:56,479
violation of the terms of a conditional
use permit, the planning staff, which

1731
02:22:54,560 --> 02:23:01,359
has the code enforcement department,
would uh coordinate that with the

1732
02:22:58,640 --> 02:23:05,760
prosecutor uh in municipal court. If
there is not a satisfaction of those

1733
02:23:03,680 --> 02:23:09,120
conditions initially uh through an
appeal or hearing at the board of

1734
02:23:07,120 --> 02:23:12,399
adjustment level, if there's not an
addressing of those violations, the

1735
02:23:10,479 --> 02:23:16,880
board of adjustment can revoke that
conditional use permit. And if there's a

1736
02:23:14,560 --> 02:23:20,479
continued violation, there's a recourse
for the city either in municipal court

1737
02:23:18,640 --> 02:23:25,200
or in chancry court.
>> But it's the city staff that would be

1738
02:23:22,720 --> 02:23:27,680
responsible for enforcing uh the terms
of the ordinance or any violations

1739
02:23:26,720 --> 02:23:31,200
thereof.
>> Okay. I appreciate that.

1740
02:23:28,960 --> 02:23:34,920
» You're welcome. Thank you,
>> Mr. Michael Shide.

1741
02:23:41,439 --> 02:23:48,080
» Hi, good evening. Michael Sh. Thank you
for the opportunity to speak here. Um, I

1742
02:23:46,080 --> 02:23:51,520
too am in favor of a data center
ordinance, but I encourage the alderman

1743
02:23:49,840 --> 02:23:55,520
to consider strengthening the current
text to better protect the citizens of

1744
02:23:53,600 --> 02:23:59,439
Olive Branch. So, first, please don't
remove anything that's in the ordinance.

1745
02:23:57,280 --> 02:24:03,760
Now, it's it's good as is, but there are
some areas I believe can be strengthened

1746
02:24:01,280 --> 02:24:08,640
a bit. Um, first I ask you to take a
look at a particular set of paragraphs

1747
02:24:05,680 --> 02:24:13,920
in the document on page seven of the
ordinance. So, I have the the full text

1748
02:24:10,960 --> 02:24:19,280
here. It's a subsection B, location
setbacks. Um, there's some inconsistent

1749
02:24:16,960 --> 02:24:24,160
language in these paragraphs A through
D. Uh, if you look closely, the last

1750
02:24:21,439 --> 02:24:30,399
sentence of these paragraphs, um,
paragraph A refers to residential homes,

1751
02:24:27,359 --> 02:24:35,359
while paragraph B, C, and D say single
family homes. Just wondering if we could

1752
02:24:32,479 --> 02:24:41,359
change this language to be consistent.
Uh secondly, in paragraph B of this

1753
02:24:38,160 --> 02:24:46,479
section, it contains the phrase but only
applicable to AR properties developed

1754
02:24:43,840 --> 02:24:50,720
with single family homes. Um Chairman
Lewis advised during the July 14

1755
02:24:48,720 --> 02:24:54,880
planning committee meeting that the word
but be replaced with the word and uh and

1756
02:24:53,520 --> 02:24:59,760
it looks like this change might have
been missed. Um the these sections in in

1757
02:24:57,760 --> 02:25:03,920
general I believe are are critical to
maintaining the day-to-day quality of

1758
02:25:01,520 --> 02:25:07,040
life for residents at all branch uh by
keeping data centers a meaningful

1759
02:25:05,520 --> 02:25:12,479
distance from home. So I believe they're
very important paragraphs in there. Um

1760
02:25:10,240 --> 02:25:17,040
my other concern concern is regarding
the cumulative impact of data centers.

1761
02:25:14,880 --> 02:25:21,359
So um don't believe we should evaluate
data centers as if you know it will be

1762
02:25:19,040 --> 02:25:26,319
the only one. uh if all the branch has
two three 10 data centers lord help us

1763
02:25:23,760 --> 02:25:30,960
in the future the impacts are cumulative
um the 10 facilities shouldn't mean 10

1764
02:25:28,560 --> 02:25:34,880
separate projects um they should they
mean cumulative water consumption

1765
02:25:32,640 --> 02:25:39,920
electricity demand substations
generators noise traffic etc uh I would

1766
02:25:37,680 --> 02:25:44,319
ask the city to establish a mechanism
for reviewing the accumulative impact of

1767
02:25:42,080 --> 02:25:50,160
the existing and proposed data centers
as part of this ordinance thank you

1768
02:25:46,960 --> 02:25:54,960
» thank you anyone else to speak as a
proponent. You're in favor?

1769
02:25:51,840 --> 02:26:01,840
» Get his attention, mayor. Hey, where was
that? Uh what paragraph was that?

1770
02:25:59,040 --> 02:26:07,680
» Yeah. So, it's it's on page seven. So,
729 location setbacks and then

1771
02:26:05,520 --> 02:26:10,960
paragraphs A, B, C, and D.
>> Dr. Song, I would think the intent would

1772
02:26:09,280 --> 02:26:15,840
be for any residential housing, whether
it's multif family, single family, just

1773
02:26:13,120 --> 02:26:18,080
any residential housing. Correct.
>> Okay.

1774
02:26:17,520 --> 02:26:22,880
» Thank you.
>> Thank you.

1775
02:26:20,479 --> 02:26:27,439
Anyone else to speak in favor? You're a
proponent of this of this proposed

1776
02:26:25,359 --> 02:26:32,040
ordinance rather.
Speaking in opposition, Jake Crawford.

1777
02:26:39,280 --> 02:26:49,196
I'm not just speaking against data
centers. I am condemning data centers. I

1778
02:26:46,319 --> 02:26:53,120
implore you all to do the same.
>> [snorts]

1779
02:26:49,439 --> 02:26:58,800
» We're trying to figure out what a data
center is, but let's take it from the

1780
02:26:55,200 --> 02:27:08,479
mouth of the the mind behind the data
centers. Elon Musk was on an interview

1781
02:27:03,520 --> 02:27:14,319
and he said that his god, a new god was
going to rise out of the mids south.

1782
02:27:12,240 --> 02:27:19,840
I'm not a religious person, but I have
to face the fact that since the dawn of

1783
02:27:16,720 --> 02:27:28,479
mankind, man has been trying to define
God. And not just that, but trying to

1784
02:27:23,040 --> 02:27:34,640
become God. Elon Musk has a God complex.
He thinks his data center is so precious

1785
02:27:31,439 --> 02:27:41,200
because he has all this junk data. And
the thing about God, God is omnisient.

1786
02:27:38,479 --> 02:27:47,200
God is all knowing. And that's what Elon
Musk is trying to do. He's trying to

1787
02:27:43,120 --> 02:27:54,000
gain all the data he can create AI and
become like this artificial god. I don't

1788
02:27:50,720 --> 02:28:01,040
want any part of that in my city. I want
to I want to stay as far away from it as

1789
02:27:57,280 --> 02:28:07,359
I can. This is pernitious. It is
delimitous.

1790
02:28:03,359 --> 02:28:13,760
Albert Einstein said that he he he was
the most tellable person that ever lived

1791
02:28:10,319 --> 02:28:18,720
and he predicted that technology was
going to lead to the destruction of

1792
02:28:16,080 --> 02:28:23,120
mankind. Mankind the abolition of
mankind and the day is coming. If he was

1793
02:28:21,680 --> 02:28:29,600
here today and stop all these data
centers, he knew the end was near. Y'all

1794
02:28:26,720 --> 02:28:34,160
better wake up. God bless.
>> Thank you, Mr. Crawford.

1795
02:28:31,680 --> 02:28:37,479
Frankie Gardner or Frank Gardner. Mr.
Frank Gardner.

1796
02:28:41,680 --> 02:28:49,520
» Good evening, Mr. Mayor. Board of
Alderman. Um, I'm not going to get as

1797
02:28:45,439 --> 02:28:54,800
animated. Um, my concerns are mainly for
the ecological and environmental aspect

1798
02:28:52,080 --> 02:29:01,280
of things. Um, I moved to Olive Branch
roughly six years ago and small town is

1799
02:28:57,920 --> 02:29:06,000
why I moved here. My concern is there's
a lot of promise economically for a data

1800
02:29:03,840 --> 02:29:11,120
center. I get it. Uh trust me, from a
business perspect perspective, I get it.

1801
02:29:08,640 --> 02:29:16,880
Uh the promises of jobs are not as great
as they look. Um Dr. And mentioned in

1802
02:29:14,399 --> 02:29:22,399
regard to size of data centers for a
data center to make any real money, the

1803
02:29:19,040 --> 02:29:28,000
operator has to be a bug of 50 megawatts
at any given time. And their employment

1804
02:29:24,479 --> 02:29:31,920
is 10 to 15 people. It's not a large
headcount for the opportunity we're

1805
02:29:30,560 --> 02:29:36,880
talking about. Now, it may be a large
tax base, but I looked earlier on your

1806
02:29:34,560 --> 02:29:42,319
agenda and you're giving tax exemptions
to William Sonoma and then Barrett

1807
02:29:39,359 --> 02:29:44,880
distribution mentioned earlier.
What I'm worried about is you're going

1808
02:29:43,359 --> 02:29:49,760
to see that same thing happen in a few
years from these data centers, let alone

1809
02:29:47,520 --> 02:29:54,160
the econological impact we're going to
have from it. Now, there are options.

1810
02:29:52,080 --> 02:29:57,840
I'm a realist and I see this coming and
I realize that no matter [clears throat]

1811
02:29:56,160 --> 02:30:03,439
how emotional we get about it, we may
not be able to stop it. I understand.

1812
02:30:00,240 --> 02:30:06,399
Closed systems, Dr. And you've heard of
those obviously, right? Because you

1813
02:30:04,640 --> 02:30:11,359
mentioned it in your presentation.
Glycol systems, right?

1814
02:30:08,960 --> 02:30:14,640
Glycol cooled systems.
That's an option. I would like to see

1815
02:30:13,359 --> 02:30:18,720
something like that maybe in the
verbiage so that we can in turn maybe

1816
02:30:16,560 --> 02:30:23,520
not impact the water supply with that.
And then as well there's other options.

1817
02:30:20,479 --> 02:30:26,800
You mentioned decel levels. 85 dB is the
threshold of pain. Correct.

1818
02:30:25,280 --> 02:30:29,040
» Okay. If you will give give the public
comments to the board that have to have

1819
02:30:28,479 --> 02:30:32,720
a vote
>> that that will probably come up in the

1820
02:30:30,800 --> 02:30:36,560
future in regard to it. And I I I say
this with the idea of South Haven in

1821
02:30:34,479 --> 02:30:42,000
Memphis. What's going on right now from
Memphis's city council to be starting to

1822
02:30:39,040 --> 02:30:46,000
use the word moratorum? And I realize it
was mentioned and it's it's a legal

1823
02:30:43,600 --> 02:30:49,120
issue attached to that. I understand. So
another option may be to do an

1824
02:30:47,439 --> 02:30:54,319
exploratory research in regard to the
adverse effects of what we're looking

1825
02:30:51,200 --> 02:30:59,280
at. Again, we've got a great city here.
I moved here from Michigan uh roughly 50

1826
02:30:57,920 --> 02:31:04,880
years ago. We had a plant called the
Fermy 2 plant go against Lake Erie. You

1827
02:31:01,680 --> 02:31:09,680
can't drink the water from there. Okay.
We don't know because of the infancy of

1828
02:31:07,120 --> 02:31:12,479
data centers and the explosive. It's a
big opportunity. No one wants to miss

1829
02:31:11,200 --> 02:31:16,720
out because everyone is saying you're
going to go somewhere else then. But

1830
02:31:14,720 --> 02:31:22,479
ultimately, we should take the time to
really review it before we jump into it.

1831
02:31:19,040 --> 02:31:26,000
I realize we probably can't stop it. And
the money-wise, you probably can't turn

1832
02:31:24,080 --> 02:31:30,240
away from it.
But again, it's if for the citizens of

1833
02:31:27,760 --> 02:31:34,640
it, and again, the the the planning
meeting in June, it wasn't considered

1834
02:31:32,399 --> 02:31:38,479
even near my neighborhood. Chief and I
live in the same neighborhood. I think

1835
02:31:35,920 --> 02:31:41,840
we do too, Mr. Mayor. Um, we talked
about transportation off of 305 and

1836
02:31:40,640 --> 02:31:45,520
truck routes and all kinds of other
things that were mentioned earlier as

1837
02:31:43,200 --> 02:31:50,560
well. It's the same problem. Same
problem. And then uh the gentleman

1838
02:31:47,840 --> 02:31:55,040
previous uh Mr. Dickerson, you mentioned
it. Perception is reality when it comes

1839
02:31:52,479 --> 02:31:58,720
to property values. Whatever the state
assesses it is one thing, but in turn,

1840
02:31:56,640 --> 02:32:01,920
will somebody want to buy it? Okay.
Before we sign the check, let's please

1841
02:32:00,720 --> 02:32:07,040
review. Thank you.
>> Thank you. Final call for public

1842
02:32:04,800 --> 02:32:12,439
comments. For or against? Final call.
Public comments.

1843
02:32:09,200 --> 02:32:12,439
Come forward.

1844
02:32:17,600 --> 02:32:23,280
And since the clerk doesn't have your
card, would you give your name and

1845
02:32:21,200 --> 02:32:27,120
address so she can capture that for the
record?

1846
02:32:24,080 --> 02:32:32,399
» Um, my name is Pamela Boen. I'm 7107
Stanley Drive. Good evening, board. Um,

1847
02:32:30,240 --> 02:32:39,520
I just have two concerns. Well, many
concerns, but um

1848
02:32:34,880 --> 02:32:46,240
um see for the generators. I've heard of
cities um contemplating them use backup

1849
02:32:43,280 --> 02:32:53,040
for battery instead of gas turbines,
which I think would be a great

1850
02:32:48,560 --> 02:32:58,240
alternative. Um and then I think and I
would like to ask a question. Um where's

1851
02:32:55,920 --> 02:33:06,160
the waste water going? And I I think
that's a big concern. Um, I know in

1852
02:33:03,680 --> 02:33:11,600
Wyoming they just had a bacterium
problem and they couldn't use their

1853
02:33:08,800 --> 02:33:17,680
water for irrigation because of it. So,
I guess my question is I do like the um

1854
02:33:15,439 --> 02:33:22,319
what the man just talked about and I
forgot what it was called where they

1855
02:33:20,000 --> 02:33:27,680
conceal the water and reuse it, but
where's the waste water going to go and

1856
02:33:24,960 --> 02:33:33,439
how is it going to impact us?
Anything additional

1857
02:33:31,600 --> 02:33:36,640
» is that can I I don't know who to ask.
>> Well, really you're giving public

1858
02:33:34,880 --> 02:33:39,200
comments to the board. It's not a Q&A.
>> I can't I can't ask.

1859
02:33:37,520 --> 02:33:42,960
» We give some legal direction, but no,
it's really not a Q&A. You just give

1860
02:33:40,960 --> 02:33:44,960
your public comments about how you think
they should vote for the ordinance or

1861
02:33:44,240 --> 02:33:48,399
not.
>> So, how would I how would how would we

1862
02:33:47,359 --> 02:33:51,520
get that information?
>> I'm not sure.

1863
02:33:50,080 --> 02:33:53,840
» Well, I think that should be addressed
and should be

1864
02:33:52,560 --> 02:33:57,920
» It's not a question and answer. It's
your public. just stating at this point

1865
02:33:55,600 --> 02:34:00,479
since I couldn't answer your question.
Um I just think that should be

1866
02:33:59,600 --> 02:34:03,520
considered okay
>> of all the restrictions

1867
02:34:01,760 --> 02:34:06,240
» where the gray water goes where the
where the water that's been used goes.

1868
02:34:05,280 --> 02:34:08,640
Understood.
>> Okay. Thank you.

1869
02:34:07,040 --> 02:34:12,120
» Thank you.
>> Anyone else?

1870
02:34:13,200 --> 02:34:22,680
Seeing and hearing none, public comment
is hereby closed. Board any questions or

1871
02:34:19,040 --> 02:34:22,680
directions to staff?

1872
02:34:24,160 --> 02:34:30,319
Mayor, I'd like to make a couple of
comments if I could. [clears throat]

1873
02:34:27,840 --> 02:34:34,560
I um appreciate everybody's input and
and I think this has been a long process

1874
02:34:32,240 --> 02:34:39,120
for several months and thank you for
your concerns and also your research

1875
02:34:36,880 --> 02:34:42,479
that you've done. I think at this point
I'd like for everybody to realize we are

1876
02:34:40,640 --> 02:34:47,280
not approving or allowing any data
centers tonight. Uh I would commend our

1877
02:34:45,359 --> 02:34:51,760
staff on the excellent job they did on
research to improve the situation that

1878
02:34:49,840 --> 02:34:56,640
Olive Branch could be in should someone
want to build a data center here. Uh I

1879
02:34:54,319 --> 02:35:00,960
think it's a a great job of research. I
think it was well thought out and it

1880
02:34:58,640 --> 02:35:06,160
definitely protects not only the city
but our citizens. And I would like to

1881
02:35:03,200 --> 02:35:10,000
say this that um every morning most of
us get up at least I do and we kind of

1882
02:35:08,560 --> 02:35:15,920
scroll through our phone and start
looking at stuff. Then we go to work and

1883
02:35:13,040 --> 02:35:20,960
we create documents. We create records
that need to be stored somewhere. And on

1884
02:35:18,399 --> 02:35:25,760
weekends and vacations, most of us take
this device and take pictures of our

1885
02:35:22,800 --> 02:35:30,800
memories and we also like those stored
somewhere. So, I get it that we have

1886
02:35:27,920 --> 02:35:34,399
concerns and they're rightfully taken to
do acknowledgement and I think this

1887
02:35:32,240 --> 02:35:38,880
document puts us in a great position to
protect ourselves and I'd like to

1888
02:35:36,560 --> 02:35:43,280
further add that we can also add to them
at a later point and further make them

1889
02:35:41,439 --> 02:35:49,040
beneficial to the city and the citizens
as a whole if need be. Uh so mayor with

1890
02:35:46,240 --> 02:35:53,840
with those comments if nobody else on
the board has any questions or comments

1891
02:35:51,120 --> 02:35:57,200
I will tender a motion to approve the
zoning uh ordinance adjustments as

1892
02:35:56,399 --> 02:36:00,399
presented.
>> Miss Hamilton comments. You have

1893
02:35:59,120 --> 02:36:03,600
comments?
>> No.

1894
02:36:00,960 --> 02:36:09,439
» Okay. Any other comments?
>> I I will make a comment that I'm sure

1895
02:36:06,560 --> 02:36:13,760
not many people here know when when
people talk about data centers there. I

1896
02:36:11,600 --> 02:36:17,439
hear a lot of comments and read a lot of
comments about how dangerous they are to

1897
02:36:15,359 --> 02:36:22,720
the environment and to people in
general. I found out this weekend, I've

1898
02:36:20,240 --> 02:36:27,520
been volunteering at the St. Jude
Classic this weekend and I I talked to

1899
02:36:24,800 --> 02:36:33,359
somebody that works out there.
FedEx uh the St. Jude has got a data

1900
02:36:30,240 --> 02:36:38,960
center right on their campus,
three stories, 65,000 square feet, which

1901
02:36:36,240 --> 02:36:44,479
would be a tier two here.
If St. you doesn't think that it's

1902
02:36:41,520 --> 02:36:50,960
dangerous to its patients who are there
with cancer, to the doctors and staff

1903
02:36:47,760 --> 02:36:55,760
that work there, the families that are
staying on site don't think it's that

1904
02:36:53,359 --> 02:37:01,760
dangerous to have a tier 2 data center
right there on their campus. I I know

1905
02:36:59,439 --> 02:37:08,800
there's different levels of it and and
South Haven's been a nightmare,

1906
02:37:05,040 --> 02:37:12,720
but all data centers are not evil
and and I know a lot of people see when

1907
02:37:10,720 --> 02:37:17,200
they hear that word, they just cringe.
They don't want anything to do with it.

1908
02:37:14,560 --> 02:37:21,680
They don't want one around at all, but
they're not all as bad as South Haven

1909
02:37:20,240 --> 02:37:26,560
and other parts of the country that have
had really bad problems with them. And I

1910
02:37:23,840 --> 02:37:32,240
think this ordinance protects us. It
limits the ability of a data center to

1911
02:37:29,439 --> 02:37:36,960
come to autoation to just a very few
properties.

1912
02:37:33,920 --> 02:37:41,120
If anybody saw an actual map of once
this gets done, they're going to be

1913
02:37:38,960 --> 02:37:45,520
surprised at how few locations would
ever be able to have a data center here

1914
02:37:42,880 --> 02:37:51,120
in the city of VA branch. So, I'm I'm
totally for this this ordinance tonight.

1915
02:37:48,160 --> 02:37:55,840
Thank you. Anything additional for Mr.
Hart makes his motion and Mr. hard if

1916
02:37:53,200 --> 02:38:02,080
you would consider in your motion to
change the verbiage to where it says all

1917
02:37:59,359 --> 02:38:06,000
residential housing or residential not
single family multif family but all

1918
02:38:04,160 --> 02:38:09,680
residential that's numbered
>> yeah sure it's it's in gentleman

1919
02:38:07,760 --> 02:38:15,600
mentioned it uh earlier in his comments
it's subsection B one and then A through

1920
02:38:12,479 --> 02:38:20,160
D where it addresses AR homes
>> uh and single family homes that language

1921
02:38:17,840 --> 02:38:24,479
does need to be in my opinion cleaned up
a little bit um I would defer to

1922
02:38:21,920 --> 02:38:28,319
planning staff as to the best language
for that.

1923
02:38:25,600 --> 02:38:31,200
» Typically, u I don't think it's a change
that's of such substance that would

1924
02:38:29,920 --> 02:38:33,600
prevent the board from being able to
move forward tonight if it chooses to do

1925
02:38:32,960 --> 02:38:37,760
so.
>> But I do think that if there's a motion

1926
02:38:35,280 --> 02:38:42,080
to approve that it include that uh
language uh to be addressed by planning

1927
02:38:40,319 --> 02:38:45,680
just for clarity sake. Mayor, may I
mention one other thing?

1928
02:38:43,359 --> 02:38:49,359
» Uh if the board were to approve the
ordinance tonight, uh the ordinance

1929
02:38:47,439 --> 02:38:54,880
changes tonight. My recommendation is
that the board make those effective

1930
02:38:50,880 --> 02:38:59,280
immediately um for public safety. You
have typically under state law

1931
02:38:56,800 --> 02:39:04,720
ordinances are effective one month from
passage. Uh but given uh the that what

1932
02:39:02,640 --> 02:39:08,640
could occur with a potential application
during the course of the ensuing month,

1933
02:39:07,040 --> 02:39:13,200
my recommendation is that the board take
advantage of a state law provision that

1934
02:39:10,880 --> 02:39:16,960
allows the board to say that ordinances
are effective immediately if that's

1935
02:39:14,800 --> 02:39:20,640
necessary to preserve public safety. And
I think that would be wise move for the

1936
02:39:18,880 --> 02:39:23,520
board tonight if the board's inclined to
approve the amendments.

1937
02:39:21,760 --> 02:39:27,359
» Okay. Thank you,
>> Mr. Mayor. Accordingly, then I I think

1938
02:39:25,680 --> 02:39:32,399
that's wise council. I appreciate I will
add those two things that uh on page

1939
02:39:30,080 --> 02:39:37,680
seven of 29 that language in
subparagraphs A, B, and C be changed to

1940
02:39:35,600 --> 02:39:41,359
reflect any
residents housing a family. Is that

1941
02:39:40,720 --> 02:39:43,600
fair?
>> Yes.

1942
02:39:41,840 --> 02:39:45,840
» Okay. Any residents housing a family.
>> That's right. for planning staff to to

1943
02:39:45,520 --> 02:39:48,399
direct
>> to revise that language appropriately.

1944
02:39:47,760 --> 02:39:51,920
» That's right.
>> Clean up a couple of the other

1945
02:39:49,920 --> 02:39:55,439
» and then also I do think it is important
because nobody knows what may come in

1946
02:39:53,920 --> 02:39:59,520
the next day or two that we do make this
effective tonight immediately.

1947
02:39:58,399 --> 02:40:01,840
» Thank you,
>> Miss Hamilton.

1948
02:40:00,960 --> 02:40:06,960
» Second.
>> Got a motion, Mr. Hart. Second, Miss

1949
02:40:04,080 --> 02:40:11,359
Hamilton. Any more discussion?
All in favor?

1950
02:40:09,200 --> 02:40:15,520
» All opposed?
Eyes have it. Thank you very much,

1951
02:40:13,760 --> 02:40:19,760
planning staff, planning commission. I
know this has been at least four months

1952
02:40:17,280 --> 02:40:23,040
of work and uh if it needs fine-tuning
later, so be it. But at this point, I

1953
02:40:21,680 --> 02:40:26,720
feel like this is probably one of the
best ordinances in the state and thank

1954
02:40:25,040 --> 02:40:32,200
you for the time and energy spent
putting it together.

1955
02:40:28,960 --> 02:40:32,200
Next item,

1956
02:40:32,800 --> 02:40:39,439
consideration of application for a
preliminary plat for Almondale Retreat

1957
02:40:37,200 --> 02:40:44,479
subdivision submitted by Greg Smith of
Civil Link on behalf of property owners

1958
02:40:42,319 --> 02:40:49,200
Dne Stovall, James Allen Stoval,
revocable trust, revocable living trust.

1959
02:40:47,200 --> 02:40:54,319
The request is to create 86 single
family residential lots and three common

1960
02:40:51,760 --> 02:40:57,760
open spaces from 50.87
plus or minus acres. The subject

1961
02:40:56,240 --> 02:41:02,080
property is located on the south side of
the soda road at the Marshall County

1962
02:40:59,200 --> 02:41:07,200
line approximately 0.86 plus or minus
miles east of Center Hill Road. This is

1963
02:41:04,800 --> 02:41:11,600
in reference to the uh motion and and
vote already taken earlier on this land

1964
02:41:09,359 --> 02:41:16,880
but staff report please.
>> Thank you mayor. The request before you

1965
02:41:14,479 --> 02:41:21,680
consider a preliminary plat preliminary
not a final preliminary plat for the

1966
02:41:19,040 --> 02:41:27,120
development of this 50.87 87 acres piece
of property which you approved the

1967
02:41:23,920 --> 02:41:33,920
reszoning as a very first item tonight
from AR to R1. Um the property

1968
02:41:31,760 --> 02:41:37,680
is served by the number of utilities.
There's a gas line along the Sodto road.

1969
02:41:35,920 --> 02:41:44,000
Actually a water line has just been
added following the utilities expansion

1970
02:41:40,479 --> 02:41:47,120
that the city is doing in that area. Um
other infrastructure elements are

1971
02:41:45,600 --> 02:41:50,479
currently under consideration with
regard [snorts] to things like seaw

1972
02:41:48,560 --> 02:41:55,120
water and gas. The applicant, this is
the preliminary plot. The applicant

1973
02:41:52,800 --> 02:42:01,520
proposes to develop this in three
phases. So phase one is this area in

1974
02:41:59,200 --> 02:42:05,600
green that would begin from the soda
road. So construction will begin from

1975
02:42:03,200 --> 02:42:11,439
the soda road. It will have 30 lots in
phase one. You have a common open space

1976
02:42:08,479 --> 02:42:17,920
recreation area here that will have the
lake or large stormwater detention area

1977
02:42:15,520 --> 02:42:23,600
with a walking trail around it and a
gazebo. And phase two will connect that

1978
02:42:21,520 --> 02:42:29,680
subdivision to the center here retreat
to the south and then that will have 32

1979
02:42:26,399 --> 02:42:35,040
lots and phase three is this area here
in purple which will have 24 lots. So

1980
02:42:33,120 --> 02:42:39,680
this is proposed to be developed in
three phases as shown. The planning

1981
02:42:37,760 --> 02:42:45,600
commission reviewed this application at
its meeting on July 14, determined that

1982
02:42:42,640 --> 02:42:51,439
the plaid meets all subdivision and
zoning requirements uh with the property

1983
02:42:48,640 --> 02:42:55,920
have being reszoned to R1 and made that
approval subject to a number of

1984
02:42:53,040 --> 02:43:01,439
conditions 1 through 13. Condition
number four emphasiding emphasizing that

1985
02:42:58,960 --> 02:43:05,120
sidewalk improvements are required on
all the streets in the subdivision. So

1986
02:43:03,280 --> 02:43:10,880
they have to construct sidewalks on all
the streets. Condition number six for

1987
02:43:07,280 --> 02:43:15,439
final plat approval. The applicant will
submit declaration of covenants and

1988
02:43:12,960 --> 02:43:20,080
restrictions which will impose a number
of conditions. One, the declaration

1989
02:43:17,840 --> 02:43:27,359
language should include the intent to
impose a 2,000 heated square foot

1990
02:43:23,520 --> 02:43:32,560
minimum house size and secondly minimum
75% brick content on all sides of

1991
02:43:30,240 --> 02:43:37,600
buildings and address the garage
orientation that needs to be addressed

1992
02:43:35,359 --> 02:43:43,600
at a final plat and presented to the
board of adan at final plat approval. Uh

1993
02:43:41,920 --> 02:43:47,279
with regard to the other conditions, I
want to call attention to condition

1994
02:43:44,880 --> 02:43:51,279
number 13. That piece of property
basically has been clear, you know,

1995
02:43:49,200 --> 02:43:55,359
there are no trees standing out there.
Condition number 13 will require that

1996
02:43:52,960 --> 02:44:00,720
the developer or the home builder will
plant 2 in to 2 and 1/2 in caliber trees

1997
02:43:58,560 --> 02:44:06,319
in front of each lot. That concludes
staff's presentation. Thank you.

1998
02:44:04,240 --> 02:44:09,640
» Thank you board. Any questions on the
staff report?

1999
02:44:10,880 --> 02:44:15,399
Does applicant have anything else to
add?

2000
02:44:17,439 --> 02:44:21,960
» Question about the application. Greg
Smith.

2001
02:44:26,800 --> 02:44:36,080
» I guess it's going to be twotory houses.
What is it? You got to address the

2002
02:44:32,960 --> 02:44:40,319
garage orientation.
>> That's basically to ensure that there's

2003
02:44:37,600 --> 02:44:45,520
no front-facing garages. Uh if you look
on this on the plat that you have in

2004
02:44:42,319 --> 02:44:47,760
front of you, uh it says that all roads
garages ought to be the side loaded.

2005
02:44:47,359 --> 02:44:53,920
» Okay.
>> So that's

2006
02:44:49,920 --> 02:44:56,640
» hoping you'd say [laughter]
>> 2,000 square feet minimum on the

2007
02:44:55,600 --> 02:44:57,920
footprint. Correct.
>> Yes, sir.

2008
02:44:57,359 --> 02:45:00,920
» Correct.
>> Great.

2009
02:45:01,279 --> 02:45:05,479
Yep. Anything else?

2010
02:45:10,960 --> 02:45:16,080
» I'll make a motion we approve it.
>> Motion, Mr. Collins, to approve as is.

2011
02:45:14,640 --> 02:45:19,439
Is there a second?
>> Second.

2012
02:45:16,960 --> 02:45:25,000
» Second, Mr. Gamage. All in favor?
>> All oppose? Motion carries. Thank you.

2013
02:45:21,760 --> 02:45:25,000
» Thank you.

2014
02:45:25,760 --> 02:45:33,359
Next item, consideration of application
for second revision of bridges at of

2015
02:45:30,399 --> 02:45:38,560
Camp Creek phase 2 lot 12 submitted by
Sha Ski Ski Engineering on behalf of

2016
02:45:35,920 --> 02:45:44,560
property owner Deepac Patel. The request
is to divide the existing 2.93 plus and

2017
02:45:41,840 --> 02:45:49,040
minus acre lot 12 into two lots. The
subject property is zone C4, planned

2018
02:45:46,880 --> 02:45:53,200
commercial district, and is located at
the east end of McGregor crossing,

2019
02:45:51,040 --> 02:46:00,279
approximately 750 ft east of the
intersection of McGregor Crossing and

2020
02:45:55,200 --> 02:46:00,279
East Bridges Drive. Report, please.

2021
02:46:04,080 --> 02:46:11,600
Thank you. Yes, the applicant is
requesting to divide the

2022
02:46:09,040 --> 02:46:16,240
uh divide one platted C4 lot into two
separate lots for commercial development

2023
02:46:13,920 --> 02:46:21,120
at the eastern end of McGregor crossing
a private commercial road between

2024
02:46:18,240 --> 02:46:24,479
Highway 302 and Camp Creek. No zoning
amendment is required as this proposal

2025
02:46:22,960 --> 02:46:28,319
to subdivide is keeping within the
general scope of the project text and

2026
02:46:26,240 --> 02:46:32,960
preliminary development plan for the
existing subdivision.

2027
02:46:30,720 --> 02:46:38,640
And so we have the utilities and
transportation aspect shown here. Lot 12

2028
02:46:36,160 --> 02:46:43,920
has access to water and gas from the
northern edge of lot 11. Sewer is

2029
02:46:41,200 --> 02:46:50,479
available to lot 12 as well. McGregor
crossing is a private road that

2030
02:46:45,920 --> 02:46:55,120
currently connects to lot 12.
And so here's the detail of the proposed

2031
02:46:52,800 --> 02:47:00,240
plat. It's just a close-up screenshot of
the plat showing the lot to be

2032
02:46:57,600 --> 02:47:05,520
subdivided. The proposed plat needs to
show a continuation of the 5-ft sidewalk

2033
02:47:03,120 --> 02:47:10,880
drawn across the proposed lot 12A to
connect to lot 12B. A gas easement needs

2034
02:47:08,800 --> 02:47:16,399
to be shown moving across the proposed
lots. And uh the proposed lot the

2035
02:47:14,160 --> 02:47:20,880
proposed plat satisfies all other
requirements in the subdivision design

2036
02:47:18,880 --> 02:47:25,120
standards.
And so for the planning commission

2037
02:47:22,720 --> 02:47:28,800
recommendation um the planning
commission unanimously recommended

2038
02:47:27,120 --> 02:47:35,040
approval of the request for the final
plat um however after the uh planning

2039
02:47:32,240 --> 02:47:42,319
commission meeting planning staff um
relooked at the entire proposal and um

2040
02:47:39,359 --> 02:47:48,080
we are making a note to u we're
suggesting to have number six and number

2041
02:47:45,279 --> 02:47:54,640
seven replace number one and number two.
They're uh very similar. But number six,

2042
02:47:51,600 --> 02:47:59,840
um the addition is we uh as I just
stated in that previous slide, um please

2043
02:47:57,840 --> 02:48:07,040
provide a 5-ft sidewalk along the
entirety of the um McGregor crossing

2044
02:48:04,960 --> 02:48:11,520
traversing that first proposed lot to
connect to that next proposed lot and

2045
02:48:09,120 --> 02:48:16,800
then add a note to the plat stating each
lot will provide a 5- foot wide utility

2046
02:48:13,920 --> 02:48:20,720
easement along each lot line. That
concludes presentation.

2047
02:48:18,479 --> 02:48:23,680
» Thank you, Mr. Hacken Smith. Board, any
questions?

2048
02:48:22,319 --> 02:48:28,479
» Does this mean we're not going to get
our anticipated Marriott Garden in

2049
02:48:26,000 --> 02:48:35,200
hotel?
>> Um, if I may speak on it. Um,

2050
02:48:32,720 --> 02:48:41,439
would that be okay?
>> I think we'd probably defer that till

2051
02:48:37,279 --> 02:48:43,600
that actually comes up as an item.
>> Maybe Mr. Earhart could

2052
02:48:43,200 --> 02:48:48,000
» question.
>> Y'all could speak. Y'all could speak

2053
02:48:45,040 --> 02:48:53,840
offline. Question withdrawn.
>> I just don't want to put any business or

2054
02:48:50,319 --> 02:48:57,399
any company in an awkward position.
Any other questions?

2055
02:49:05,120 --> 02:49:12,120
Do we have the applicant here? Thank
Mr. Patel.

2056
02:49:13,200 --> 02:49:22,080
» Yes, sir. And you may answer Mr. Hart's
question if you wish to, but uh

2057
02:49:18,319 --> 02:49:25,680
any questions of the applicant?
>> Do you mind sharing this with sharing

2058
02:49:23,840 --> 02:49:27,920
with us your intended usage of the two
lots?

2059
02:49:26,080 --> 02:49:33,520
» Yes, sir. It's two hotels. We have one
Hilton uh and then one Element Weston.

2060
02:49:31,120 --> 02:49:37,120
It's technically Weston Marriott.
Marriott purchased Weston.

2061
02:49:34,880 --> 02:49:39,040
» Okay. Now, it's a proposed Hilton.
>> Yes, sir.

2062
02:49:37,680 --> 02:49:40,399
» And and the other one
>> Oh, Marriott.

2063
02:49:39,840 --> 02:49:42,479
» Marriott.
>> Marriott is

2064
02:49:41,359 --> 02:49:44,880
» Marriott and Hilton. Okay.
>> Yes, sir. So now we get two for one.

2065
02:49:44,640 --> 02:49:49,359
Correct.
>> Yes, sir. The secondary second property

2066
02:49:47,279 --> 02:49:53,200
is uh it's actually be the first of his
kind in Mississippi. So it's uh we're

2067
02:49:51,439 --> 02:49:56,720
really excited about the second one. But
first one we need to get the first one

2068
02:49:54,960 --> 02:49:59,840
get started first and then we'll get the
second one. But yes, sir.

2069
02:49:58,319 --> 02:50:04,319
» Well, if he was that bold, then I'm
going to ask is we're still getting our

2070
02:50:01,760 --> 02:50:09,359
white tablecloth restaurants. [laughter]
>> Uh the second one has a chef on site.

2071
02:50:06,800 --> 02:50:12,720
Let's just say that. Um it's boutique,
too. So it's pretty

2072
02:50:11,040 --> 02:50:15,680
» great. Very good. Thank you for the good
news.

2073
02:50:13,200 --> 02:50:18,160
» Yes, sir.
>> I

2074
02:50:16,560 --> 02:50:20,640
» questions.
>> I do have a question if this is the time

2075
02:50:20,000 --> 02:50:23,760
to ask.
>> We just I want to know if you needed to

2076
02:50:22,080 --> 02:50:26,160
add anything else that wasn't covered by
the staff report.

2077
02:50:24,720 --> 02:50:31,359
» Oh, no, sir.
>> If there's no questions from the board,

2078
02:50:27,600 --> 02:50:37,439
then um Thank you. You may be seated.
>> All right. Thank you.

2079
02:50:34,640 --> 02:50:39,760
» Any questions or motions?
>> That's easy. I'll make a motion to

2080
02:50:38,880 --> 02:50:43,200
approve.
>> Motion to approve by Mr. Dear Hart, is

2081
02:50:41,840 --> 02:50:46,399
there a second?
>> Second.

2082
02:50:43,920 --> 02:50:52,833
» Second, Mr. Collins. All in favor?
>> All oppose? Motion carries.

2083
02:50:50,160 --> 02:50:56,080
» Next item, consideration
[clears throat]

2084
02:50:53,600 --> 02:51:01,760
of application for first revision of lot
three of the second revision of the GD

2085
02:50:58,960 --> 02:51:07,359
Deckman subdivision submitted by Sha
Ski, Ski Engineering on behalf of Peggy

2086
02:51:04,399 --> 02:51:13,040
Poff and Lisa Marie Riceinger, property
owners. The request is to divide the

2087
02:51:09,600 --> 02:51:16,800
existing 5.45 plus or minus acre lot
three into two lots. The subject

2088
02:51:14,640 --> 02:51:21,439
property is zone AR agricultural
residential district and is located on

2089
02:51:18,960 --> 02:51:29,120
the northwest corner of College Road and
Maroy Farms Drive. Report, please.

2090
02:51:26,479 --> 02:51:34,880
Thank you. Yes. The property proposed to
be subdivided is one AR lot as shown in

2091
02:51:32,479 --> 02:51:40,240
the yellow dotted line on the north side
of College Road between Highway 305 and

2092
02:51:37,840 --> 02:51:48,000
Alexander Road.
And so um here's a screenshot um of the

2093
02:51:44,640 --> 02:51:52,399
proposed subdivision. Um the lot which
is being proposed for subdivision is

2094
02:51:49,760 --> 02:51:57,200
listed as lot three and final plat of
first revision GD Deckman subdivision.

2095
02:51:55,200 --> 02:52:01,840
The proposed subdivision will not change
the existing perimeter of the existing

2096
02:51:59,200 --> 02:52:08,479
lot 3. The proposal will only split the
property into a 2acre lot 3A and a 3.45

2097
02:52:05,359 --> 02:52:13,200
acre lot 3B. A 50- foot wide ingress
egress easement will be provided to

2098
02:52:10,399 --> 02:52:18,560
allow public road access to and from lot
3A and lot one. The proposed plat

2099
02:52:16,000 --> 02:52:24,160
satisfies all other requirements in the
subdivi subdivision design standards and

2100
02:52:22,319 --> 02:52:29,359
um the planning commission unanimously
recommended approval and that concludes

2101
02:52:26,960 --> 02:52:35,600
the presentation.
>> Thank you Mr. Hacken Smith. Any

2102
02:52:30,880 --> 02:52:40,040
questions board or motions?
Unless the applicant has something to

2103
02:52:37,040 --> 02:52:40,040
add.

2104
02:52:42,640 --> 02:52:49,760
» I make a motion. Make a motion to wake
him up. I'll make a motion to pass.

2105
02:52:47,439 --> 02:52:51,840
Motion to pass by Mr. Collins. Is there
a second?

2106
02:52:50,720 --> 02:52:59,200
» Second.
>> Second, Miss Hamilton. All in favor?

2107
02:52:54,319 --> 02:53:03,520
» All opposed? Motion carries. Next item.
Consideration of application for a final

2108
02:53:01,120 --> 02:53:09,200
plat of Shirley Homes subdivision
submitted by Greg Russell

2109
02:53:05,920 --> 02:53:13,680
Civil Source LLC on behalf of property
owner Scott Lawhorn. The request is to

2110
02:53:11,680 --> 02:53:19,279
create four commercial and industrial
lots totaling 10.96 plus or minus acres.

2111
02:53:17,120 --> 02:53:23,920
The subject property is on C2 highway
commercial district and M1 light

2112
02:53:21,840 --> 02:53:29,680
industrial district and is located on
the northwest corner of Frontage Road

2113
02:53:26,319 --> 02:53:34,120
and Exchange Drive known as 8263
Frontage Road. Report please.

2114
02:53:34,640 --> 02:53:42,880
» The parcel proposed to be subdivided is
currently unplatted. There are five

2115
02:53:39,760 --> 02:53:47,600
addresses currently used on the parcel.
The applicant is requesting to create

2116
02:53:45,359 --> 02:53:52,240
four lots while expanding a small
portion of the s southern boundary of

2117
02:53:50,560 --> 02:53:57,840
the parcel in order to contain an
existing parking area. And if I get the

2118
02:53:55,200 --> 02:54:04,720
pointer right, it's
right there.

2119
02:53:59,760 --> 02:54:10,000
Um, so water, gas, and sewer access are
available to the current parcel. Uh,

2120
02:54:07,200 --> 02:54:17,520
Exchange Drive is a private roadway and
will serve as access for 8279A

2121
02:54:14,160 --> 02:54:25,120
and 8279B.
And so here I have a screenshot um

2122
02:54:21,040 --> 02:54:30,800
zoomed into the proposed lot to be um
subdivided. So the proposed plat shows a

2123
02:54:27,840 --> 02:54:36,880
31 foot wide ingress egress easement
across Exchange Drive to allow access to

2124
02:54:34,560 --> 02:54:41,520
lot three since lot four is drawn to
connect to frontage road. And so looking

2125
02:54:39,600 --> 02:54:46,080
at all of the other subdivision
requirements, the proposed plat

2126
02:54:43,439 --> 02:54:50,800
satisfies all reviewed requirements in
the subdivision design standards.

2127
02:54:49,120 --> 02:54:55,520
And so with this one, the planning
commission also unanimously recommended

2128
02:54:53,200 --> 02:55:01,800
approval. And that concludes the
presentation.

2129
02:54:57,680 --> 02:55:01,800
» Thank you board. Any questions,

2130
02:55:04,319 --> 02:55:08,040
» comments or motions?

2131
02:55:10,000 --> 02:55:17,120
» Motion to approve by Mr. Wallace. Is
there a second?

2132
02:55:14,399 --> 02:55:21,840
» Second by Mr. Dickerson. All in favor?
>> All oppose? Motion carries.

2133
02:55:19,760 --> 02:55:27,200
Next item.
>> Oh, Mr. Russell.

2134
02:55:24,240 --> 02:55:30,640
May I ask something on the last uh item,
please?

2135
02:55:28,800 --> 02:55:38,319
The the reason that we're doing this
plot is because Frell has come in and uh

2136
02:55:34,880 --> 02:55:42,000
uh taken over the Let me make sure Let
me make sure I understand. Are you

2137
02:55:39,840 --> 02:55:46,640
asking about the one prior to this?
>> The one y'all just voted on?

2138
02:55:44,479 --> 02:55:49,600
» Homes. The homes plat
>> the homes.

2139
02:55:47,760 --> 02:55:51,840
» Yes. Okay.
>> So,

2140
02:55:50,080 --> 02:55:55,439
» you voted on it before I before I could
ask you. So,

2141
02:55:53,680 --> 02:56:00,720
It may be inappropriate for me to ask.
>> Well, I did call on you, but we didn't

2142
02:55:58,240 --> 02:56:03,600
quite make a contact with each other.
>> My hear my herinades are in the shop, so

2143
02:56:02,720 --> 02:56:06,880
I can't hear anything.
>> All right, I'm going to have to ask the

2144
02:56:05,200 --> 02:56:10,160
legal advice on this one. What What
particular do you want that they have?

2145
02:56:08,640 --> 02:56:15,120
They approved it, but you want something
else now or

2146
02:56:11,840 --> 02:56:17,920
» maybe. All right, tell us what it is and
I'll let the attorney advise whether or

2147
02:56:16,479 --> 02:56:25,040
not we can go down that path without
having to recall take a second.

2148
02:56:21,200 --> 02:56:30,080
» Um, Fereral Grass is moving into the two
buildings on the north side. Uh, and

2149
02:56:27,680 --> 02:56:36,960
they're using that for their uh
residential home fuel tanks.

2150
02:56:32,960 --> 02:56:43,760
» Okay. Um and and what created the need
for this plat is the fact that they want

2151
02:56:40,240 --> 02:56:50,800
they Feral Gas wants to build a dock out
in the back of the yard, a concrete dock

2152
02:56:46,479 --> 02:56:58,080
that's raised 4 feet and has uh what I
call a metal carport over the top of it.

2153
02:56:54,080 --> 02:57:02,880
And that's for their uh employees safety
and and keep them out of the weather and

2154
02:56:59,920 --> 02:57:09,680
so forth while they fill these trucks.
Um, Frell is actually anxious to get

2155
02:57:06,319 --> 02:57:14,000
started on this even though we're just a
little bit of ways from recording it.

2156
02:57:12,000 --> 02:57:18,399
Um, I was going to ask that they be
allowed to go ahead and start

2157
02:57:15,680 --> 02:57:24,160
construction before the plat's recorded.
>> That is really a process question that

2158
02:57:21,279 --> 02:57:30,080
ever since Dr. Song has been in position
has been coming up. So, I don't want to

2159
02:57:26,880 --> 02:57:33,680
overrule his consistency. I mean, that's
really administrative. It's not

2160
02:57:31,680 --> 02:57:39,040
something the board would approve, but I
would say won't we take that up with Dr.

2161
02:57:35,920 --> 02:57:43,760
Song and see I don't want to upsurp his
authority when he has gone down the path

2162
02:57:41,680 --> 02:57:47,600
of they got to be recorded before the
starts and I know not all cities operate

2163
02:57:45,840 --> 02:57:51,760
the same. I understand that but that's
the way you're operating now if I'm

2164
02:57:50,240 --> 02:57:55,200
understanding right. Am I missing the
point? Is that

2165
02:57:53,040 --> 02:58:00,240
» Yeah, you're correct, mayor. And I think
I had responded to his email on this

2166
02:57:58,240 --> 02:58:03,359
particular request. So that's something
that we can discuss and handle

2167
02:58:01,600 --> 02:58:05,840
administratively. It does not really
affect the plot.

2168
02:58:04,479 --> 02:58:12,800
» It wouldn't be a board decision. It' be
an operational item, procedural item. So

2169
02:58:10,960 --> 02:58:16,160
the board wouldn't make that decision.
You and Dr. You and Dr. Song would try

2170
02:58:15,040 --> 02:58:17,120
to work that out.
>> Okay.

2171
02:58:16,720 --> 02:58:21,399
» Thank you.
>> Thank you very much. I appreciate it.

2172
02:58:18,399 --> 02:58:21,399
» Huh.

2173
02:58:22,160 --> 02:58:29,040
Number five, consideration of
application for the third revision of

2174
02:58:26,160 --> 02:58:34,160
Ross Road Plaza subdivision submitted by
Sha Skine Ski Engineering on behalf of

2175
02:58:32,160 --> 02:58:40,080
property owner Marvin Bolan. The request
is to divide the existing 4.80 80 plus

2176
02:58:37,040 --> 02:58:44,640
or minus acre lot one into three lots
subject property zone C2 Commercial

2177
02:58:42,479 --> 02:58:50,960
Highway District and is located at the
southeast corner of Ross Road in West

2178
02:58:46,399 --> 02:58:56,800
Sandage Road known as 5950 Ross Road.
Staff report please. Mr. Hawkins Smith.

2179
02:58:54,880 --> 02:59:02,080
» The parcel being proposed for
subdivision is outlined in yellow and

2180
02:58:59,840 --> 02:59:07,600
has frontage on West Sandage Road and
Ross Road. This lot is currently platted

2181
02:59:04,640 --> 02:59:11,840
as lot one in the one lot second
revision Ross Road Plaza subdivision and

2182
02:59:10,319 --> 02:59:16,960
as you can see there are multiple
addresses on that singular lot. Um the

2183
02:59:14,800 --> 02:59:20,800
current parcel has access to water,
sewer and gas. The current parcel has

2184
02:59:19,040 --> 02:59:27,439
five addresses assigned to different
structures on site with three different

2185
02:59:24,800 --> 02:59:32,880
um sorry with three driveways accessing
Ross Road and two driveways accessing

2186
02:59:30,640 --> 02:59:38,080
West Standage Road.
And so here I have the detail of the

2187
02:59:35,120 --> 02:59:42,000
proposed plat. The proposed plat shows
the single lot being split into a plus

2188
02:59:40,160 --> 02:59:48,960
or minus.87
acre lot one and a plus or minus 1.39

2189
02:59:45,279 --> 02:59:54,240
acre lot 2 and a plus or minus 2.53 acre
lot 3. The required utility easements

2190
02:59:51,840 --> 02:59:57,920
are drawn. The front building setback
lines are drawn with all existing

2191
02:59:56,240 --> 03:00:03,680
buildings shown to exist behind the
50oot setback. Each new lot will have

2192
03:00:00,479 --> 03:00:08,640
direct access to a public road with one
with lot one adjoining West Sandage Road

2193
03:00:06,479 --> 03:00:13,760
and lots two and three adjoining Ross
Road. This proposed plat meets all

2194
03:00:11,760 --> 03:00:19,439
requirements listed in the subdivision
design standards.

2195
03:00:16,160 --> 03:00:24,080
And so uh planning commission um also
unanimously recommended approval of this

2196
03:00:22,000 --> 03:00:29,200
proposal. And that concludes the
presentation.

2197
03:00:27,040 --> 03:00:34,800
» Thank you Andrew. Any questions board or
any comments?

2198
03:00:31,520 --> 03:00:39,200
» This is u new to me when you take a
contiguous piece of property with

2199
03:00:36,640 --> 03:00:44,399
several buildings on it subdivide and
this is more of a question for Mr. D I

2200
03:00:41,279 --> 03:00:49,840
guess in planning if if this were to
pass and the owner wants to demolish a

2201
03:00:47,760 --> 03:00:53,040
building and build something else it
does not preclude them from meeting the

2202
03:00:51,439 --> 03:00:56,160
permitted use by rights and those
things. Correct.

2203
03:00:54,640 --> 03:00:59,200
» That that's correct. I mean, the
permitted uses are set by the ordinance

2204
03:00:57,920 --> 03:01:03,120
that if they demolish existing
structures and build something that's a

2205
03:01:00,720 --> 03:01:05,760
permitted use within the zone, then
that's allowed.

2206
03:01:03,840 --> 03:01:08,720
» Okay.
>> I've just never seen people divide their

2207
03:01:07,439 --> 03:01:10,960
property like this that's already
existing.

2208
03:01:09,120 --> 03:01:15,279
» But the prior application was was
similar. It had existing structures on

2209
03:01:13,120 --> 03:01:18,640
it and was previously unplatted and they
were

2210
03:01:16,319 --> 03:01:21,680
» um adding interior lot lines to
separate. Sometimes you see that if

2211
03:01:20,240 --> 03:01:25,439
somebody's just wanting to convey a
portion of a of a parcel that's

2212
03:01:23,680 --> 03:01:30,000
unplatted, they can plat it and that way
they can sell lot one rather than

2213
03:01:27,520 --> 03:01:32,000
selling a meets and bounds description,
something of that nature.

2214
03:01:31,120 --> 03:01:35,760
» Okay. Just
>> so there it's basically like several

2215
03:01:33,920 --> 03:01:42,160
businesses on the corner of Ross and
Sandage right behind the old TJ's Market

2216
03:01:39,760 --> 03:01:48,240
and uh they just kept putting build
businesses on the man's land and he rent

2217
03:01:44,640 --> 03:01:51,200
him a spot basically and
I think comes to the point that they

2218
03:01:49,760 --> 03:01:54,960
just want to split them up.
>> Okay.

2219
03:01:52,640 --> 03:01:58,880
» But typically we don't include building
footprints on the plat anyway. The plat

2220
03:01:57,040 --> 03:02:02,000
just is setting forth the dimensions of
the lot, not the structures that may be

2221
03:02:00,880 --> 03:02:05,760
on it.
>> It it doesn't address setbacks or

2222
03:02:05,279 --> 03:02:10,000
anything.
>> No, the the plat should address setbacks

2223
03:02:07,840 --> 03:02:14,560
and they should be shown plus the zoning
ordinance. Uh so you have a 50-foot

2224
03:02:12,560 --> 03:02:16,000
building setback shown on the Ross Road
frontage.

2225
03:02:15,200 --> 03:02:19,359
» Okay.
uh 50 foot building setback shown on the

2226
03:02:18,000 --> 03:02:21,279
west sandage frontage. So
>> look like they're all real close

2227
03:02:20,640 --> 03:02:24,720
together
>> right

2228
03:02:22,720 --> 03:02:28,160
» now. You would have some pre-existing
structures, not I'm not commenting on

2229
03:02:26,720 --> 03:02:32,399
this one, but hypothetically you could
have a plat that gets recorded and you

2230
03:02:30,720 --> 03:02:36,960
could have some old structures that
would be legal non-conforming uses

2231
03:02:35,520 --> 03:02:39,840
because they pre-existed. They might
have been in the

2232
03:02:37,680 --> 03:02:45,279
» I understand that, but I didn't know
what he redrawing them knew where they

2233
03:02:42,960 --> 03:02:48,960
would have to
conform or not conform.

2234
03:02:47,920 --> 03:02:52,080
» Typically, they would
>> I guess we don't let them.

2235
03:02:50,560 --> 03:02:53,840
» Well, typically we would allow the
grandfather that in.

2236
03:02:53,520 --> 03:02:57,920
» Okay.
>> Particularly if you had a house for

2237
03:02:55,760 --> 03:03:02,399
example, there probably some setback
issues here in Oldtown for example or

2238
03:03:00,800 --> 03:03:05,840
Maywood for example where you could have
setback issues.

2239
03:03:03,359 --> 03:03:09,279
» I understand that
didn't know about redrawing it.

2240
03:03:08,080 --> 03:03:12,800
» Okay.
>> Thank you.

2241
03:03:09,840 --> 03:03:16,720
» Any other questions or motion?
>> Make a motion to approve. Wallace.

2242
03:03:14,720 --> 03:03:20,640
Motion to approve.
>> Second

2243
03:03:18,240 --> 03:03:26,319
to second. Collins. All in favor?
>> I.

2244
03:03:21,120 --> 03:03:30,319
» All opposed. Motion carries. Next item.
Consideration of application for the

2245
03:03:27,920 --> 03:03:34,960
final plat for Redeemer Baptist Church.
Submitted by Rusty Norville Civil

2246
03:03:32,800 --> 03:03:39,920
Engineering Solutions LLC on behalf of
property owner Redeemer Baptist Church.

2247
03:03:37,359 --> 03:03:45,200
The request is to create a single lot of
2.35 plus or minus acres. The subject

2248
03:03:43,120 --> 03:03:49,680
property is zoned R2 single family
residential district and is located on

2249
03:03:47,439 --> 03:03:53,439
the south side of Katherine Drive
approximately 300 ft southwest of the

2250
03:03:51,680 --> 03:03:58,960
intersection of Katherine Drive and
Highway 178 known as 50/50 Katherine

2251
03:03:56,720 --> 03:04:04,399
Drive. Report please.
>> Thank you. Mayor Adam before you is a

2252
03:04:01,439 --> 03:04:08,640
request to consider platting this. So an
existing parasel that's Baptist church

2253
03:04:06,399 --> 03:04:14,399
on that piece of property and all
they're requesting to do is essentially

2254
03:04:11,200 --> 03:04:19,359
just to plot it as one lot. It has
buildings on it. Water lines, seaw wall

2255
03:04:16,399 --> 03:04:24,640
lines, gas line, gas lines are available
to the property and I think the church

2256
03:04:22,479 --> 03:04:29,279
has the intent in future to do some
expansion on that particular site and to

2257
03:04:27,200 --> 03:04:32,720
be able to do that they need to obtain a
building permit. To obtain a building

2258
03:04:30,880 --> 03:04:37,200
permit, you have to plat the the
property based on city regulations. This

2259
03:04:35,520 --> 03:04:41,120
is the plat as proposed. There are no
sidewalks along Katherine Drive and as

2260
03:04:39,520 --> 03:04:44,640
said the applicant is requesting a
waiver of sidewalk requirements. The

2261
03:04:43,279 --> 03:04:49,439
planning commission review this
application at its August 11 meeting

2262
03:04:47,279 --> 03:04:53,840
unanimously recommended approval subject
to these conditions 1 to five. Condition

2263
03:04:52,160 --> 03:04:57,520
number four being that the requirement
for the property owner to construct

2264
03:04:55,359 --> 03:05:01,279
sidewalks along the Katherine Drive
street frontage of the proposed lot is

2265
03:04:59,439 --> 03:05:05,600
waved. That concludes staff's
presentation. Thank you.

2266
03:05:03,279 --> 03:05:11,760
» Thank you, Dr. Song. Any questions
forward?

2267
03:05:07,359 --> 03:05:14,479
» Is this the old Fair Baptist Church?
>> Yes. Yes, ma'am.

2268
03:05:12,720 --> 03:05:19,640
» And the applicant is here. Mr.
Norville's here. Come forward, please.

2269
03:05:20,560 --> 03:05:26,160
I know you hate that we didn't put this
before the data center, but I'm sure you

2270
03:05:24,800 --> 03:05:28,800
wanted to hang out with us for a while,
didn't you?

2271
03:05:26,640 --> 03:05:33,359
» Part of the game. Rusty Norville Civil
Engineering Solutions 317 West Market in

2272
03:05:31,439 --> 03:05:36,479
Dyresburg, Tennessee.
>> And the question was, is it the previous

2273
03:05:35,279 --> 03:05:39,840
church of
>> Old Fair Haven Baptist? All I know

2274
03:05:39,200 --> 03:05:43,520
that's
>> as Redeemer Baptist. I mean, that's all

2275
03:05:41,840 --> 03:05:50,399
I know it is
>> on Katherine Drive. So

2276
03:05:46,880 --> 03:05:56,720
» I guess it changes a lot though,
>> right? I think it used to

2277
03:05:53,840 --> 03:05:59,760
» maybe. So I don't know that it's um it's
it's never been platted before.

2278
03:05:58,720 --> 03:06:03,120
» It's never been Okay.
>> It's never been platted. So

2279
03:06:01,840 --> 03:06:07,920
» Okay.
>> Well, I'll let Mr. Nor speak to what

2280
03:06:05,200 --> 03:06:11,200
their plans may be, but
>> Do you know the plans? I don't.

2281
03:06:09,439 --> 03:06:15,120
» They just want it all platted as one.
>> Yeah. just they need it planned and in

2282
03:06:13,359 --> 03:06:20,439
case they want to move forward with some
building additions or revisions.

2283
03:06:17,439 --> 03:06:20,439
» Okay.

2284
03:06:20,800 --> 03:06:26,160
» No more, no less. It's already there.
>> Yep.

2285
03:06:23,600 --> 03:06:29,520
» Okay.
>> Is there a motion on this one or

2286
03:06:27,840 --> 03:06:32,399
question?
>> Motion to approve.

2287
03:06:30,479 --> 03:06:37,040
» Dickerson. Motion to approve. Second,
please. Is there a second? Rather,

2288
03:06:34,640 --> 03:06:41,040
» Miss Hamilton second. All in favor?
>> All opposed? Motion carries. Dismissed.

2289
03:06:39,200 --> 03:06:44,960
Thank you.
Item seven, consideration of application

2290
03:06:43,040 --> 03:06:49,840
for final plant for DInnesota County
Schools Career Technical Center East

2291
03:06:47,439 --> 03:06:53,920
Subdivision submitted by Jay Kaufman,
Allen, and Hostel Incorporated on behalf

2292
03:06:52,319 --> 03:06:59,439
of property owner of DInnesota County
Schools. The request is to create a

2293
03:06:55,920 --> 03:07:04,000
single lot of 42.50 plus or minus acres
to be used for the career technical

2294
03:07:01,359 --> 03:07:08,720
center. Subject property is zoned AR
agriculture residential and is located

2295
03:07:06,160 --> 03:07:14,399
on the east side of Craft Road in the
southeast corner of the future expansion

2296
03:07:11,439 --> 03:07:18,720
of West Sandage Road and Craft Road. Dr.
Song,

2297
03:07:15,920 --> 03:07:23,920
» Mayor Adam, before you is a request to
consider a single lot subdivision for

2298
03:07:21,840 --> 03:07:30,880
the Duro County Schools Kari Tech
Center. This will be lot one 42.5 acres

2299
03:07:28,560 --> 03:07:34,880
as you did mention. couple of I think
just two months ago, one or two months

2300
03:07:32,960 --> 03:07:39,760
ago, you approved the reszoning of this
property to a Arizona arming district

2301
03:07:37,120 --> 03:07:44,399
from PUB to a Arizona district to allow
for this career center to move forward.

2302
03:07:42,319 --> 03:07:48,960
Gas lines are available in the area.
Water lines would need to be provided to

2303
03:07:47,279 --> 03:07:54,560
the property in order for it to move
forward. This is the plan as proposed.

2304
03:07:51,520 --> 03:07:58,399
It meets the zoning regulations for the
AR zoning district. It meets subdivision

2305
03:07:56,880 --> 03:08:04,000
regulations.
The planning commission did review this

2306
03:08:00,160 --> 03:08:07,920
application at its August 11 meeting. It
approved it subject to a number of

2307
03:08:05,520 --> 03:08:13,040
conditions one to five. There is a
change that I wish to make on condition

2308
03:08:10,000 --> 03:08:15,920
number one. Please. Condition number one
as recommended by the planning

2309
03:08:14,399 --> 03:08:19,040
commission stipulated that except for
the extension of public water to the

2310
03:08:17,600 --> 03:08:22,240
property which shall be the
responsibility of the city of Olive

2311
03:08:20,720 --> 03:08:27,760
Branch all other improvements shall be
the responsibility of the developer. We

2312
03:08:24,960 --> 03:08:32,640
propose to change that or to revise that
condition to rather read all

2313
03:08:30,160 --> 03:08:38,479
improvements shall be the responsibility
of the developer except to the extent

2314
03:08:35,760 --> 03:08:44,800
that the city of Olive Branch satisfies
its commitment up to uh $500,000 for

2315
03:08:42,479 --> 03:08:48,160
infrastructure improvements. I think
that is the nature of the commitment

2316
03:08:46,240 --> 03:08:52,880
that the city has made to this
particular development as opposed to

2317
03:08:49,920 --> 03:08:57,120
tying it down to just water.
And then lastly,

2318
03:08:54,880 --> 03:09:01,120
uh,
with the fate of the do innovation

2319
03:08:59,359 --> 03:09:07,200
district kind of hanging in the air, the
board pushed table application to

2320
03:09:03,920 --> 03:09:11,200
September 1st that may affect how
sidewalks or the trail system is

2321
03:09:09,680 --> 03:09:15,359
constructed in front in the street
frontage of this particular piece of

2322
03:09:13,279 --> 03:09:20,560
property. This condition number four
basically says if the Dudo Innovation

2323
03:09:18,080 --> 03:09:25,359
District project were approved then the
trail network would not come right up to

2324
03:09:23,040 --> 03:09:31,760
the frontage of this property because it
will basically cross craft in what will

2325
03:09:27,760 --> 03:09:36,560
be the new nail uh road before this
particular lot and so the trail will not

2326
03:09:34,640 --> 03:09:40,479
need to be constructed. If the Dutto
Innovation District were not approved,

2327
03:09:38,640 --> 03:09:44,880
then the applicant would basically need
to extend that trail up in front of this

2328
03:09:43,120 --> 03:09:48,800
property and that will basically be like
the trail head. The parking lot will

2329
03:09:46,080 --> 03:09:53,439
kind of save as a trail head to to close
the loop as far as that particular tray

2330
03:09:51,520 --> 03:09:58,319
system is concerned. That's what
condition number 462 address. That

2331
03:09:56,640 --> 03:10:01,439
concludes staff's presentation. Thank
you.

2332
03:09:59,120 --> 03:10:06,040
» Thank you. Is anyone here on behalf of
the application anything to add, sir?

2333
03:10:09,200 --> 03:10:15,279
No, nothing more to add. Thank you.
>> Okay. Any any questions, board of the

2334
03:10:13,200 --> 03:10:19,279
applicant? I know we're glad to see it
get started.

2335
03:10:16,479 --> 03:10:24,120
» Absolutely.
>> No questions. Thank you.

2336
03:10:20,960 --> 03:10:24,120
» Thank you.

2337
03:10:24,640 --> 03:10:31,200
» Mr. Wallace, motion to approve as
presented. Is there a second?

2338
03:10:28,960 --> 03:10:36,800
» Second, Miss Alder. All in favor?
>> All oppose? Motion carries. staff has

2339
03:10:33,600 --> 03:10:42,080
asked that board uh continue weedy lots
to the first meeting in September. Um

2340
03:10:39,840 --> 03:10:45,680
what the date is?
>> September 1st.

2341
03:10:42,960 --> 03:10:49,600
» Oh, September one. If there's a motion
to continue it to motion second to

2342
03:10:47,840 --> 03:10:53,359
continue to September the 1st. There's
some things staff needs to work out with

2343
03:10:51,520 --> 03:10:58,080
these lots and they've just asked to
continue it.

2344
03:10:55,680 --> 03:11:01,120
» Motion to Wallace. Motion to September
one. Is there a second?

2345
03:11:00,240 --> 03:11:07,520
» Second.
>> Second, Mr. Hart. All in favor? I.

2346
03:11:03,279 --> 03:11:12,560
» All oppose. Motion carries.
Consideration of bids received August

2347
03:11:09,439 --> 03:11:17,600
the 10th, 2026 for the public works
supplies for FY27.

2348
03:11:15,279 --> 03:11:20,319
» Request the table September.
>> Okay.

2349
03:11:18,720 --> 03:11:25,120
» Request to table this one to September
one as well. If the motion is second to

2350
03:11:23,520 --> 03:11:29,359
do that.
>> So move.

2351
03:11:26,960 --> 03:11:33,600
» Gamage Wallace. All in favor? I.
>> All opposed. Motion carries.

2352
03:11:32,160 --> 03:11:37,600
public hearing date for the budget
hearing to provide the general public

2353
03:11:35,359 --> 03:11:41,600
with an opportunity to comment on the
taxing and spending plan incorporated in

2354
03:11:40,240 --> 03:11:46,399
the proposed budget for the city of
Olive Branch for fiscal year beginning

2355
03:11:43,840 --> 03:11:53,920
October the 1st, 2026 and ended
September the 30th, 2027. This public

2356
03:11:49,920 --> 03:12:00,880
hearing date was set for August the 4th.
Any public comments regarding the city's

2357
03:11:57,120 --> 03:12:05,240
budget and proposed notice? I guess it
was not proposed but noticed in the

2358
03:12:02,240 --> 03:12:05,240
paper.

2359
03:12:06,640 --> 03:12:11,520
Okay, we don't need to give a high level
overview. This just for comments only,

2360
03:12:10,080 --> 03:12:15,200
right? Okay,
>> if you wanted to. It's mainly the

2361
03:12:13,680 --> 03:12:19,760
public's opportunity.
>> If the public's has any concerns about

2362
03:12:17,439 --> 03:12:26,720
the city's budget,
I'm open for your comments or questions

2363
03:12:22,080 --> 03:12:31,600
or input. It's
49 million. I don't I know you don't

2364
03:12:29,439 --> 03:12:36,200
want me to go line by outline, but it's
149 million for next year.

2365
03:12:38,319 --> 03:12:47,120
Okay. Over 52% for public safety and the
expense side uh for police, fire, and

2366
03:12:43,840 --> 03:12:51,359
EMS and just a lot of other various
costs. But uh if there's no public

2367
03:12:49,359 --> 03:12:56,399
comments, I won't belittle it and keep
you here all night talking about that

2368
03:12:54,160 --> 03:13:01,120
budget. I know Jason, Mr. May is ready
to get it passed. He's only been working

2369
03:12:58,160 --> 03:13:04,120
on it two months. Our CFO.
Okay.

2370
03:13:04,319 --> 03:13:10,279
And public comments is hereby public
comment section is hereby closed.

2371
03:13:11,840 --> 03:13:17,680
» Nothing required. I want to make sure
we're not missing somebody. You know,

2372
03:13:16,319 --> 03:13:21,760
crumper crumpers were here for the
award, I think. But are we missing

2373
03:13:19,279 --> 03:13:24,640
anybody else that needed to speak with
the board tonight? I just want to make

2374
03:13:23,439 --> 03:13:30,239
sure that our guests that have been here
all night. Have I missed anybody?

2375
03:13:26,800 --> 03:13:34,319
Anything that we need to talk about?
Okay.

2376
03:13:32,160 --> 03:13:37,120
Okay. If there's anything I'm missing,
let me know. If not, we're getting ready

2377
03:13:35,439 --> 03:13:40,080
to go in executive session and then
we'll go in private session after that.

2378
03:13:39,279 --> 03:13:42,880
» We got new business.
>> Oh, we got another business.

2379
03:13:41,279 --> 03:13:46,438
» All right. I'm ready to go. Let's do the
new business. [laughter]

2380
03:13:46,960 --> 03:13:51,840
» You got six.
>> Okay. I got you. Very good. I got you.

2381
03:13:50,479 --> 03:13:56,720
Very good. They're for new business. My
bad. Let's let's go to the uh new

2382
03:13:54,399 --> 03:14:01,920
business consideration recommendation to
approve change order CO226

2383
03:13:59,920 --> 03:14:09,200
on a contract with Leman Roberts Company
in the additive amount of 108,894

2384
03:14:05,200 --> 03:14:12,200
increasing the contract from 2,14868250
to2,257,576.50

2385
03:14:13,120 --> 03:14:21,359
50 cents for the project referred to as
the term bid contract for the annual

2386
03:14:18,560 --> 03:14:26,000
full depth reclamation and asphalt
overlay. Mr. Swims.

2387
03:14:23,279 --> 03:14:30,239
» Yes, sir. We had um some cost savings on
the state line portion of the overlay

2388
03:14:27,920 --> 03:14:35,760
projects that we've been doing this year
uh in excess of $300,000. And so we've

2389
03:14:33,359 --> 03:14:40,239
got term bids with this first um new
business. Item number one um is for the

2390
03:14:38,399 --> 03:14:45,439
asphalt portion that we're trying to
take and utilize some of that money for

2391
03:14:42,479 --> 03:14:50,640
some of the oldtown area. Um and so this
one particular um change order here for

2392
03:14:48,160 --> 03:14:55,200
um 108,894
will basically take care of the asphalt

2393
03:14:53,279 --> 03:15:00,520
overlay for Kerr Road in the Oldtown
area. So we are recommending we move

2394
03:14:57,120 --> 03:15:00,520
forward with that.

2395
03:15:02,479 --> 03:15:10,479
» Questions or comments or motions? Make a
motion to approve.

2396
03:15:07,600 --> 03:15:13,359
» Ear heart motion. Is there a second?
>> Second.

2397
03:15:11,279 --> 03:15:18,160
» Second. Collins. All in favor?
>> All opposed? Eyes have it. Consider item

2398
03:15:15,840 --> 03:15:23,600
two. Consideration of recommendation to
approve change order number CO326

2399
03:15:21,120 --> 03:15:31,960
on contract with Leman Roberts Company
in the additive amount of $76,500.

2400
03:15:27,200 --> 03:15:31,960
increasing the contract from 1,7557,442

2401
03:15:32,640 --> 03:15:35,640
to1,833,942

2402
03:15:36,399 --> 03:15:43,359
for the project referred to as the term
bid contract for annual surface

2403
03:15:41,359 --> 03:15:47,040
treatment.
So this [clears throat] one is basically

2404
03:15:44,800 --> 03:15:51,120
part of this part B of the of the
overlay. So this is the patching part.

2405
03:15:49,439 --> 03:15:57,040
So the the four roads that we're looking
at that are going to be affected by the

2406
03:15:53,359 --> 03:16:02,319
patching is going to be um Kerr Kerr
Street I guess um depot and Pigeon Roost

2407
03:16:00,640 --> 03:16:06,080
and then Parkwood. So those will all
have patching that'll be associated with

2408
03:16:04,000 --> 03:16:12,840
this. So we are asking that we approve
this to uh and the term contract term

2409
03:16:08,960 --> 03:16:12,840
contract with layman Roberts.

2410
03:16:13,120 --> 03:16:17,920
» Questions or motions?
>> Motion to approve.

2411
03:16:16,000 --> 03:16:20,960
» Hamilton motion. Wallace second. All in
favor? I.

2412
03:16:18,880 --> 03:16:25,040
» All oppose. Eyes have it. Consideration
of recommendation to approve change

2413
03:16:22,640 --> 03:16:30,479
order number one on the contract with
Vance Brothers Incorporated in the

2414
03:16:26,960 --> 03:16:37,640
additive amount of $103,930
983.60

2415
03:16:32,800 --> 03:16:37,640
increasing the contract from $811,738.60

2416
03:16:38,399 --> 03:16:41,399
to95,722.20

2417
03:16:42,479 --> 03:16:49,680
for the project referred to as pavement
preservation. Mr. plans.

2418
03:16:46,960 --> 03:16:52,720
» This would be a second um contract. This
is Vance Brothers, not Lingland Roberts.

2419
03:16:51,520 --> 03:16:56,239
This is where we're doing our pavement
preservation. So on Parkwood, we're

2420
03:16:55,040 --> 03:16:59,439
actually going to be doing the patching
and then we'll be coming back with a

2421
03:16:57,600 --> 03:17:04,399
double micro on that road. So this is
just uh the cost associated with

2422
03:17:02,239 --> 03:17:08,840
increasing contract change order number
one for a contract with Vance Brothers.

2423
03:17:09,200 --> 03:17:16,160
» Any qu motion by Mr. Dixon to approve?
Is there a second?

2424
03:17:14,319 --> 03:17:19,120
» Second, Miss Alders. All in favor?
>> I.

2425
03:17:16,560 --> 03:17:22,720
» All oppose. Eyes have it. Consideration
of recommendation to approve

2426
03:17:20,399 --> 03:17:29,239
construction engineering and inspection
services contract with Civil Link

2427
03:17:24,479 --> 03:17:29,239
Incorporated in the amount of $228,47463

2428
03:17:30,479 --> 03:17:35,200
for the project referred to as a state
line at Davidson intersection

2429
03:17:33,840 --> 03:17:39,680
improvements.
>> Yes, sir. Y'all recall this is the um

2430
03:17:37,840 --> 03:17:43,359
installation of a signal and the improve
and actually the lane widening at

2431
03:17:41,200 --> 03:17:46,800
Davidson and Stateline Road. Uh we're
getting fairly close. This is going to

2432
03:17:44,800 --> 03:17:50,720
be the construction engineering and
inspection portion of the contract

2433
03:17:48,399 --> 03:17:55,600
that's required by MDOT for us to have
that in place before we move forward

2434
03:17:52,479 --> 03:18:00,160
with um um the next phase going into
construction. So, we have reviewed it

2435
03:17:57,760 --> 03:18:05,040
and we agree that uh uh this is a
reasonable amount. MD dots been in

2436
03:18:03,279 --> 03:18:11,200
agreement with it as well. So, we're
asking for approval tonight.

2437
03:18:07,600 --> 03:18:15,279
» Mr. Swims, one question on that. Did we
ask for or approve a traffic signal or

2438
03:18:13,600 --> 03:18:17,760
is it going to be four stop signs with
the flashing?

2439
03:18:16,239 --> 03:18:22,399
» It's going to be a traffic signal.
>> The actual signal. Okay.

2440
03:18:21,040 --> 03:18:25,439
» Thank you, sir. I'll make a motion to
approve.

2441
03:18:23,200 --> 03:18:28,560
» Motion by your heart. Is there a second?
>> Second.

2442
03:18:26,399 --> 03:18:32,960
» Second. Hamilton. All in favor?
>> All oppose? Motion carries. And now I

2443
03:18:30,800 --> 03:18:37,040
recognize why the other two guests are
here with us. So, I'm slowly connecting.

2444
03:18:35,040 --> 03:18:42,000
It's just been a long day. Consideration
of recommendation to accept Sigma Health

2445
03:18:39,760 --> 03:18:46,840
dental and vision insurance proposals
received for fiscal year 2627.

2446
03:18:47,840 --> 03:18:59,279
Mr. May, anything to add to that?
No sir, I would just say that

2447
03:18:55,439 --> 03:19:06,800
we've got quotes from Sigma basically
same provided now be no decrease in

2448
03:19:04,479 --> 03:19:13,960
benefits
were also solicited from Blue Cross Blue

2449
03:19:10,319 --> 03:19:13,960
Shield United.

2450
03:19:14,319 --> 03:19:22,520
We use those quotes to negotiate with
them.

2451
03:19:25,359 --> 03:19:32,000
» Thank you.
>> Motion to approve by Mr. Wallace. Is

2452
03:19:30,080 --> 03:19:35,680
there a second?
>> Second.

2453
03:19:33,040 --> 03:19:40,000
» Second. Mr. Earhart. All in favor?
>> All opposed? Eyes have it.

2454
03:19:37,920 --> 03:19:43,359
» And I just want to commend those two for
the work they did. That's a lot of

2455
03:19:41,520 --> 03:19:47,680
wrangling and wrestling and I know what
it takes. So, thank you for your efforts

2456
03:19:44,960 --> 03:19:51,279
there working with Jason, too.
>> You've had some You've had some

2457
03:19:49,200 --> 03:19:54,720
experience doing that, Mr. Hart. A
little bit experience.

2458
03:19:52,720 --> 03:19:58,800
» Understood. With Yes. Thank you very
much.

2459
03:19:56,880 --> 03:20:02,960
» That's not a one-day process, is it?
That does take a while. So, thank you.

2460
03:20:01,439 --> 03:20:06,800
Consideration of recommendation to
approve change order number two on the

2461
03:20:05,200 --> 03:20:12,239
contract with Phillips Contracting
Company Incorporated in additive amount

2462
03:20:09,120 --> 03:20:17,319
of $35,146
increasing the contract amount from

2463
03:20:14,319 --> 03:20:17,319
2,859,945

2464
03:20:17,840 --> 03:20:21,239
to $2,895,91

2465
03:20:21,359 --> 03:20:29,520
for the project referred to as apron
rehabilitation phase 2. Mr. swims.

2466
03:20:27,040 --> 03:20:33,600
» As y'all may recall, um, last month we
actually did a change order that was

2467
03:20:31,680 --> 03:20:37,920
affecting a different area. So, this is
some of the same type of work where they

2468
03:20:35,279 --> 03:20:41,520
did apron rehabilitation work and damage
some of the electrical affecting

2469
03:20:39,200 --> 03:20:45,680
different hangers. So, uh, moving to a
different area of the airport. We are

2470
03:20:42,800 --> 03:20:52,560
requesting that uh that uh y'all approve
this uh this change order for this um

2471
03:20:48,399 --> 03:20:57,840
electrical issue to be resolved.
>> Thank you.

2472
03:20:55,200 --> 03:21:00,800
Questions or motions?
>> Motion to approve.

2473
03:20:58,800 --> 03:21:05,920
» Mr. Gamage. Motion to approve. Is there
a second?

2474
03:21:03,279 --> 03:21:09,680
» Second, Mr. Dickerson. All in favor?
>> I.

2475
03:21:07,120 --> 03:21:13,040
» All oppose. Eyes have it. Is there a
motion to leave regular session with the

2476
03:21:11,600 --> 03:21:18,319
intention of going into executive
session?

2477
03:21:14,960 --> 03:21:20,720
» Mr. Wallace. Motion. Is there a second?
>> Second. Miss Aldidge. All in favor?

2478
03:21:20,239 --> 03:21:24,160
» I.
>> All oppose. We are out of regular

2479
03:21:22,160 --> 03:21:30,080
session. Is there a motion to go into
executive session to discuss executive

2480
03:21:26,640 --> 03:21:33,120
session items as listed 1 through 7?
>> So move.

2481
03:21:31,279 --> 03:21:36,080
» Motion for Mr. Earhart.
>> Second.

2482
03:21:33,680 --> 03:21:40,520
» Second, Mr. Wallace. All in favor?
>> All oppose. We are in executive session.