Dec 08, 2020 City Council

[Call to Order, Invocation, Pledge of Allegiance and the Preamble to the U.S. Constitution.]

[00:00:03]

. >>> .

THE FINANCIAL. >>> .

>>> GOOD AFTERNOON IT'S NOW 4:00 P.M. TUESDAY, DECEMBER 8, AND I CALL THE SESSION OF THE MIDLOTHIAN CITY COUNCIL IN SESSION. COUNCILMEMBER WAYNE SIBLEY WILL

LEAD US. >> LET'S PRAY.

HEAVENLY FATHER WE THANK YOU FOR THIS BEAUTIFUL DAY TODAY AND WE THANK YOU FOR THIS OPPORTUNITY WE HAVE TO COME TO THIS COUNSEL MEETING AND DO THE BUSINESS FOR OUR CITIZENS.

LORD, I THANK YOU FOR THE COUNSEL AND ALL THE WORK THEY DO AND THEY DO SUCH A GREAT JOB. LORD I WOULD ASK YOU BE WITH US TONIGHT AS WE GO OVER THIS AGENDA AND THAT THE DECISIONS WE MAKE WILL BE IN YOUR WILL. LORD, WATCH OVER AND DIRECTED US AND FORGIVE OUR SINS IN JESUS NAME, AMEN.

>>

>> ADMINISTRATION POINTS. THE PUBLIC HEARINGS WILL BE MOVED NOT TO START BEFORE 6:00 P.M.

IT WILL BE THE LAST ITEMS WE START WITH.

WE'LL START WITH THE REGULAR ADMIN CONSENT AND GO BACK TO THE REGULAR ITEMS WE'LL BRING FOR EXECUTIVE SESSION AND THEN WE'LL COME BACK AND DO THE PUBLIC HEARINGS.

IF YOU ARE HERE FOR PUBLIC HEARINGS, WE WON'T START THOSE UNTIL 6:00 P.M. I'D LIKE TO CONGRATULATIONS TO RICK DAVIS. HE'S RECENTLY BEEN AWARDED THE MIDLOTHIAN -- NUMBER 584 COMMUNITY BUILDERS AWARD AND RECOGNITION OF HIS SERVICE TO THE COMMUNITY.

DR. DAVIS AND HIS FAMILY HAVE BEEN -- HAVE LIVED HERE SINCE 1988. I'VE KNOWN DR. DAVIS SINCE 1996 AND HIS SERVICE TO THE COMMUNITY HAS BEEN OUTSTANDING, SO CONGRATULATIONS TO DR. DAVIS. WE HAVE A LOT OF ITEMS TODAY, COUNCIL, PLEASE DON'T MAKE ANY MOTIONS OR SECONDS UNTIL I CALL FOR THEM AND THAT WAY WE CAN MAKE SURE EVERYBODY GETS ALL OF THEIR COMMENTS. AT THIS POINT WE'LL DO ITEM 2020-430, CITIZENS TO BE HEARD.

IF THERE'S ANY CITIZENS HERE THAT WISH TO ADDRESS THE COUNSEL, ITEMS ALREADY ON THE AGENDA, PLEASE COME FORWARD.

[Consent Agenda]

THE CONSENT AGENDA, ALL MATTERS ARE CONSIDERED TO BE ROUTINE AND WILL BE VOTED BY ONE MOTION AND SERVING CONCESSION, THEN IT WILL BE PULLED OUT. DO WE HAVE A MOTION FROM

COUNSEL? >> I'LL MAKE THE MOTION TO

APPROVE THE CONSENT AGENDA. >> SECOND.

>> A SECOND MOTION TO APPROVE. PLEASE VOTE.

THE ITEM PASSES 6-1. WE GO TO OUR REGULAR AGENDA

[2020-440]

WE'RE GOING TO HAVE A VERY BROAD ADDRESS AGENDA FOR THEM.

THEY'RE HERE TO HELP THE QUALITY OF IT SO IT'S NOT JUST THE ROADS LITTERED. THEY'LL HAVE A BROADER AGENDA TO HELP WORK WITH AREAS TO HELP IMPROVE THE CITY.

COUNSEL, DO YOU HAVE ANY COMMENTS OR QUESTIONS?

>> YOU HAVE A COPY OF THE PEOPLE WHO HAVE BEEN APPOINTED?

>> I MAKE A STATEMENT BRIEFLY. I HAD THE PLEASURE OF BEING A

[00:05:03]

CITY. >> I WOULD LIKE TO ADD TO THAT.

IT'S BEEN A PLEASURE ON, NOT ON THIS COMMITTEE BUT BEFORE.

EARLY ON WHEN I CAME UP TO THIS COUNCIL, THE APPOINTMENTS WERE DIFFERENT. COUNCILMEMBERS HAD TO GO OUT AND FIND SOMEBODY TO FILL THE SLOT. NOBODY WAS INTERESTED IN DOING IT. YOU HAD TO TALK THEM INTO IT.

NOW IT'S WONDERFUL WITH THE INTEREST AND IN WORKING WITH THE CITY. I APPRECIATE IT.

>> THIS IS THE THIRD TIME I'VE PARTICIPATED IN THE NOMINATIONS AND EVERY TIME THE QUALITY NUMBER HAS INCREASED SO IT WAS TOUGH CHOICES IN SOME CASES. SO DO I HAVE A MOTION, PLEASE?

>> I MOVE. >> SECOND.

>> THE MOTION TO APPROVER AND SECONDED.

[2020-441]

ITEM 2020-441, CONSIDERING ACTIVE UPON REJECTING THE BIDS RECEIVED FOR REDEVELOPMENT OF THE 1965 FIRE STATION LOCATED AT 235 NORTH H STREET. MAYOR, COUNCIL, AS YOU KNOW WE DID ADVERTISE FOR REDEVELOPMENT OF THE FIRE STATION ACROSS THE STREET. THE BIDS WERE DUE OCTOBER 6, 2020. WE RECEIVED ONE RESPONSE.

WE DID HAVE A FIRE STATION SELECTION COMMITTEE THAT MET WITH THAT GROUP AND IN THE INTERIM THE CITY PURCHASED SOME BUILDINGS AND THERE'S SOME QUESTION AS TO WHAT'S REALLY GOING TO HAPPEN WITH THE DOWNTOWN.

SO THE SELECTION COMMITTEE, NUMBER ONE, THE PEOPLE THAT DID BID ON THE FIRE STATION ARE REALLY INTERESTED IN THE TWO NEW BUILDINGS THAT WE HAVE AND, NUMBER TWO, IN LIGHT OF WHAT'S GOING ON WITH THE DOWNTOWN AREA AND THE INTERIM, WE ARE RECOMMENDING A FIRE STATION SELECTION COMMITTEE, RECOMMENDING WE REJECT ALL BIDS WITH THAT I'LL ANSWER ANY

QUESTIONS. >> SINCE THERE'S NO COMMENTS,

CAN WE HAVE A MOTION TO. >> I'LL MAKE A MOTION TO REJECT

THE BIDS. >> SECOND.

>> MOTION REJECTED. SECONDED.

[2020-442]

PLEASE VOTE. >> THANK YOU.

>> ITEM 2020-442, CONSIDERING ACT UPON A RESOLUTION AUTHORIZING A GRANT IN THE AMOUNT OF $500,000 BE AWARDED BY THE MIDLOTHIAN COMMUNITY BUILDING CORPORATION, OR 4B, TO THE MIDLOTHIAN HISTORIC GYMNASIUM PROJECT, A NONPROFIT CORPORATION. ALLEN.

>> GOOD EVENING, GUYS. THIS IS WHAT WE DISCUSSED IN A COUPLE OF MEETINGS AGO AND WE'RE DOING $500,000 TO THE PROJECT AND WE HAVE GONE THROUGH ALL OF THE STEPS THAT WE REQUIRED AND WE HAVE WORKED WITH OUR ATTORNEY TO GET THE AGREEMENTS ALL IN PLACE. SO NOW WE'RE AT THE POINT WHERE WE'RE READY TO MOVE FORWARD AND WITH THE PROJECT AND GET IT GOING. DOES ANYBODY HAVE ANY QUESTIONS

ON THE PROJECT? >> DID I THE $500,000

[INAUDIBLE]. >> AS THEIR VENDORS THEY SELECT COMPLETES THE PROJECT THEN THEY WILL SUBMIT US AN INVOICE AND WE'LL PAY THE INVOICE AS THE WORK IS DONE.

>> JUST SO COUNCIL IS AWARE [INAUDIBLE]

[00:10:05]

>> [INAUDIBLE]. >> OKAY.

EVERYBODY GOT NEGATIVE TESTS. I'M IN THE TRIALS SO I'M CLEAN.

SO I'VE BEEN WORKING ON THIS PROJECT WITH SEVERAL OTHER PEOPLE. WE'VE BEEN ON IT FOR ABOUT FOUR YEARS NOW. THE MIDLOTHIAN HISTORIC GYM PROJECT IS A 501C3. OUR PRIMARY INTEREST AND PRIMARY PROJECT IS THE OLD, WE CALL IT THE URBAN GYM ALTHOUGH IT'S REALLY NOT THE URBAN GYM. IT'S THE ORIGINAL INDOOR GYM WHERE WE FIRST PLAYED INDOOR BASKETBALL.

IF YOU HAVE NOT SEEN THE GYM YOU NEED TO SEE IT.

WHEN I WAS ON THE SCHOOL BOARD WE VOTED TO TEAR DOWN DON FLOYD AND I TOOK A LOT OF GRIEF FOR IT WILL.

IT LEAKS AND NEEDS TO BE BULLDOZED, THE OTHER ONE, BUT THIS GYM NEEDS TO BE SAVED, THE ARCHITECTURE, THE BUILDING, EVERYBODY IS AWESOME. IF YOU HAVE NOT SEEN IT CALL ME AND I'VE GOT A KEY AND WE'LL TAKE A LOOK AT IT.

IT'S BEAUTIFUL. THE 501C3 CAME UP WITH A BUDGET AND A PLAN AND CAME UP WITH HOW WE'RE WORKING THROUGH IT AND THEN COVID HIT, SLOWED US UP A LITTLE BIT BUT WE HAVE A GOOD BOARD OF DIRECTORS ON THE BOARD IS MYSELF, DANNY ROGERS, MELISSA PEGRAM, TED HOWARD AND JACKIE MCDONALD.

OKAY. AND SO WE'VE GOT TWO OTHER PLACES OPEN RIGHT THIS VERY SECOND, IF ANYBODY WANTS TO HELP ON THAT. AFTER TALKING WITH 4B, WE DECIDED TO PRESENT OUR PROJECT TO THEM.

THEY GRACIOUSLY AGREED WITH OUR VISION FOR THE PROJECT AND THAT'S WHAT WE'RE SAYING HERE BEFORE YOU.

IT'S A LITTLE BIT OF A DIFFERENT PROJECT.

FEW UNDERSTAND. WAYNE, THAT'S FOR ASKING THAT.

YOU'RE NOT GOING TO WRITE US A CHECK.

YOUR EXPOSURE ON THIS WILL BE TO THE EXTENT WE HAD A CONTRACTOR DO THE WORK AND WE'RE GOING TO ASK THEM TO BE PAID AND THAT'S HOW WE'RE GOING TO DO THIS. THE OBJECTIVE IS TO HAVE THE GYM OPERATIONAL AND OUR FIRST OBJECTIVE IS TO GET THE CO.

WE THINK THAT WILL HAPPEN RELATIVELY QUICKLY AND THEN BECOME OPERATIONAL AND SELF-SUSTAINED IN SHORT ORDER.

WE'RE TALKING TO SEVERAL OTHER ENTITIES IN HELPING US WITH OPERATING THE GYM IN CERTAIN CAPACITIES.

I'M NOT AT LIBERTY TO SAY WHO OR WHAT.

SOME OF YOU MAY KNOW BUT WE'RE EXCITED ABOUT THE POSSESSION ABILITIES OF THIS GYM. THANK YOU VERY MUCH FOR THE OPPORTUNITY. DOES ANYONE HAVE ANY QUESTIONS?

>> I HAVE A QUESTION. IT'S NOT TO YOU.

JUST MORE TO THE CITY STAFF. I KNOLL WE'LL ADDRESS THIS IN THE NEXT AGENDA ITEM BUT THERE WAS QUESTIONS REGARDING -- IT MAY BE A QUESTION FOR JOE, THE CITY ATTORNEY, THERE'S SOME QUESTIONS WHAT WOULD HAPPEN TO THE FACILITY IF THE NONPROFIT WERE TO FOLD AND WE WERE IN DISCUSSION WITH THE SCHOOL

DISTRICT AS I RECALL. >> YES.

>> SURE. THANK YOU.

DUKE, WHAT'S YOUR ESTIMATED TIMELINE?

WHAT DO YOU HOPE TO. >> WHEN DO THE VACCINES START

ROLLING OUT? >> YEAH.

>> YOU KNOW, THE BEST CASE SCENARIO, THE THREE THINGS CONTINGENT UPON THE CO APPLICATION ARE PLUMBING, ELECTRICAL AND THEN COSMETICS, GETTING THE THING PRESENTABLE.

WE HAVE MET WITH MANY STAFF MEMBERS, COUNSEL, AND WE KNOW WHAT WE'RE GOING. IF WE GET PEOPLE ROLLING ON IT QUICKLY IT'S NOT A HUGELY COMPLICATED PROJECT.

PLUMBING IS THE MOST COMPLICATED AND THAT'S WHY WE SHUT THE BUILDING DOWN IS BECAUSE THE OLD SEWER LINES COLLAPSED SO WE HAVE A PLAN FOR HOW WE'RE GOING TO FIX THAT.

THAT'S THE MOST COMPLICATED. ELECTRICAL AND PAINT IS NOT HORRIBLE. SOMEBODY ASKED ME ABOUT REMAIDATION AND IT MAY HAVE BEEN CLARK AND WE KNOW WHAT IS HOT AND NOT. SURPRISINGLY IT'S NOT BAD.

THE WORST THING IS ASBESTOS TILE THAT WE'LL ENCAPSULATE.

REMEDIATION ON THAT, AND THE HAZMAT IS NOT A PROBLEM.

A LONG WAY TO ANSWER YOUR QUESTION WE PUT A DEADLINE OF DECEMBER 31, 2021 AND WE HOPE TO BE OPERATIONAL BEFORE THEN.

>> GREAT. >> THE VISION IS TO OFFER A GYM

TO THE COMMUNITY OR WHAT? >> WE HAVE SEVERAL THINGS THAT

[00:15:03]

WE HAVE VISIONS OF OPEN GYM NIGHTS AT NO COST TO ANYBODY AND THEN WE'LL HAVE MEETINGS AND IF YOU KNOW THE GYM, THE [INAUDIBLE] IS A GOOD-SIZED ROOM.

THE CAFETERIA IS A GOOD-SIDED ROOM.

THE HEAD START PROGRAM, LET ME SHOW YOU WHAT THAT WAS USED FOR.

THE CAFETERIA, THEY MADE THE FOOD THERE.

THAT'S A NICE BIG ROOM. THE LOCKER ROOM HAVE INTERESTING SPACES IN THEM SO WE THINK MEETING ROOMS AND EVENTS AND WE THINK THERE'S A LOT OF THINGS THAT CAN BE USED.

NOBODY ASKED ABOUT PARKING BUT WE HAVE A LOCAL AGREEMENT WITH THE SCHOOL DISTRICT ALREADY TO UTILIZE THEIR PARKING LOTS AND THERE'S 220 SOMETHING SPACES AVAILABLE THERE AND MOST OF OUR EVENTS ARE AT NIGHT WHERE SCHOOL IS DURING THE DAY.

>> ONE THING THAT EXCITES ME ABOUT THIS 'SPECIFIC PROJECT IS THAT WILL ALTHOUGH $500,000 IS A LOT OF MONEY IT'S RELATIVELY CHEAP TO GET A BUILDING COMMUNITY CENTER BACK ONLINE, SOMETHING THE ENTIRE COMMUNITY CAN USE AND I FOR ONE AM EXCITED

ABOUT IT. >> WELL, LET ME MAKE A MANY -- LET ME MAKE MAKE A COMMENT ABOUT IT. AND THE [INAUDIBLE] I PLAYED A LOT OF BASKETBALL AND VOLLEYBALL IN THERE AND I REMEMBER WHEN IT WAS BUILT, IT WAS THE PREMIER GYM AND NOBODY HAD ANYTHING LIKE MIDLOTHIAN HAD. I REMEMBER THAT.

WHEN WE TOOK IT OFF LINE IN 2010, I BELIEVE, BECAUSE OF THE PLUMBING, THERE WAS A LOT OF DISCUSSION ABOUT BULLDOZING THE GYM AND I BROUGHT A RESOLUTION TO THE BOARD AND IT PASSED THAT THE GYM WOULD NOT BE TORN DOWN. THAT PUT US IN A WEIRD SITUATION. WE DIDN'T NEED THE GYM P. WE HAD OTHER GYMS AND FACILITIES. WE DIDN'T NEED THAT AND WE ASEVERAL PEOPLE ABOUT WHAT TO DO WITH IT AND IT JUST KIND OF LAID THERE FOR WHAT NOW IS TEN YEARS UNTIL THIS 501C3 CAME TOGETHER AND SAID WE WANT TO TRY TO BRING THIS BACK ONLINE.

>> I'M LOOKING FORWARD TO IT. >> IT'S A KNEES PLACE.

IF YOU HAVE NOT SEEN THE INSIDE OF THAT GYM, YOU NEED TO.

GIVE ME A CALL AND WE'LL LOOK AT IT.

>> ONE THING THAT MIGHT BE APPROPRIATE, AND I DIDN'T WANT

TO GET YOU HERE. >> DAN RODGERS.

>> WE HAVE AN AGREEMENT A 12-31-21 AS A COMPLETION DATE.

HOWEVER, WE WOULD LIKE TO HAVE THE ABILITY TO UNDERSTAND THAT IN LIGHT OF COVID AND EVERYTHING, WE DON'T KNOW OF WHAT MIGHT WE COULD GET HIT WITH BUT WE CANNOT SEE EXTENDING BEYOND JUNE 30TH OF THE FOLLOWING YEAR IN ORDER TO BE COMPLETE. WE'RE READY TO GET STARTED WITH A SELECTION OF A GENERAL CONTRACTOR AND APPROVAL OF A BUDGET THAT WE WOULD MAKE AVAILABLE TO 4B, AS WELL AS OUR BOARD IN ORDER TO GET THIS PROJECT OFF AND GET GOING.

SO THAT'S THE ONLY THING. I MEAN, WE ARE IN AGREEMENT ON DECEMBER 31ST BUT WE ALSO RECOGNIZE THAT THERE COULD BE CONCESSIONS THAT NEED TO BE MADE DOWN THE ROAD.

THANK YOU. >> [INAUDIBLE].

>> YEAH. WE [INAUDIBLE]

>> I HAVE ONE COMMENT, THAT I'M EXCITED ABOUT THIS.

MIDLOTHIAN HAS BEEN VERY BAD ABOUT BULLDOZING ITS HISTORY, AND SO FOR $500,000 I THINK IT'S GREAT WE GET TO SAVE A PIECE OF OUR HISTORY AND I THINK THIS NONPROFIT IS GOING TO BE VERY SUCCESSFUL BECAUSE THE BOARD OF DIRECTORS ARE NOTHING BUT GREAT COMMITTEE LEADERS AND HAVE NOTHING BUT DEVOTE THEIRS LIVES TO THIS COMMUNITY AND I'M VERY EXCITED TO SEE THIS GYM UP AND RUNNING. THANK YOU.

>> IN THE FRONT LOBBY OF IS THE OLD [INAUDIBLE] ARCH TO T

[00:20:11]

WHAT TO DO. >> ARE YOU GUYS KEEPING THE

URINAL IN THE MEN'S BATHROOM? >> HAVE YOU LOOKED AT THOSE THINGS. [INAUDIBLE].

>> YOU CAN GET AN ENTIRE FIFTH GRADE BOYS CLASS TO GO TO THE

RESTROOM AT THE SAME TIME. >> THE WATER FOUNDATIONS, SO MUCH THERE TO BE SAVED. THERE WAS A COMMERCIAL THERE FOR

7-UP. >> MY SON WAS PLAYING AT HARVARD

AND [INAUDIBLE]. >> ALL RIGHT.

>> A MOTION, PLEASE. >> I MAKE A MOTION WE APPROVE

IT. >> SECOND.

[2020-443]

>> THANK YOU, GUYS. >> [INAUDIBLE].

>> MAYOR AND COUNCIL, I THINK THE CITY ATTORNEY EXPLAINED THIS BUT IT DOES GIVE A 25 YEAR 501C3THREE STOP TO OPERATE THE GYM AND IT GIVES US A

[2020-444]

>> ASK YOUR QUESTION. >> THE FUNDS WOULD GO BACK INTO THE UNRESERVED FUND BALANCE, NOT APPROVED, BUT IT'S JUST MOVING THE FUNDS OVER SO WE CAN CONTINUE THE PROJECTS THAT WERE APPROVED BY COUNCIL. THIS IS THE GENERAL FUND AND THE NEXT ONE IS THE UTILITY FUNDS.

>> THEY ARE ALL. >> YES. >> THE FISCAL YEAR TO THE

CURRENT. >> YES. >> AND IT'S THE MECHANISM

[INAUDIBLE]. >> COMMENTS? QUESTIONS?

>> A LOCATION, PLEASE. >> APPROVED. >> SECOND.

[2020-445]

>> MOTION WITH A SECOND. VOTE. >> PASSES 6-0.

[00:25:03]

$1,653,691.13 FROM THE TILT FUND AND RESERVE FUND BALANCE. >> THIS ONE IS EXACTLY LIKE THE

GENERAL FUND SO IF YOU HAVE ANY ADDITIONAL QUESTIONS ON THIS... >> A MOTION, PLEASE.

>> APPROVED. >> MOTION APPROVED. SECONDED?

>> YES. >> PLEASE VOTE. 6-0, ITEM PASSINGS.

[2020-446]

>> 2020-446 CONSIDER AN ACT OF ORDINANCE FISCAL YEAR 2020-2021, GENERAL FUND BUDGET APPROPRIATIONS IN THE AMOUNT OF $461,689 FROM THE GENERAL FUND, UNRESERVED FUND BALANCE FOR EXPENDITURES NOT ENCUMBERED OR EXPENDED FROM FISCAL YEAR 2019 AND 2020.

>> AND, AGAIN, ON THESE, THESE ARE WHAT WE CALL ENCUMBER ROLL-OVERS.

WE HAD COUNCIL APPROVAL IN THE BUDGET HOWEVER THEY WEREN'T ENCUMBERED, SO THAT MEANS THE PO WAS NOT ISSUED AND THE EXPENDITURES HAVE NOT BEEN SPENT.

YOU CAN SEE IT'S A MUCH SMALLER LIST BUT FOR THE GENERAL FUND IT IS ABOUT 461,000.

ONE OF THEM IS A BNS THAT PASSED THROUGH PAYMENTS SO THAT REALLY WILL COME IN AND GO OUT, SO THAT WON'T HAVE A LOT OF IMPACT BUT THERE'S A SPECIAL PROJECT IF YOU HAVE ANY QUESTIONS.

>> I THINK I ASKED THIS QUESTION LAST TIME AND I DON'T REMEMBER THE ANSWER.

SINCE THIS WAS IN [INAUDIBLE] AND MAYBE THIS -- WEREN'T WE GOING TO USE CARES DOLLARS TO

PAY FOR THAT BECAUSE IT WAS [INAUDIBLE]. >> WELL, WE USE THOSE DOLLARS FOR THOSE TYPES OF PROJECTS BUT THIS IS JUST MISCELLANEOUS PATCHING AND PAVING, IF I

REMEMBER. >> YES. AND [INAUDIBLE] SO IT IS MONEY

THAT THEY HAVE GIVEN TO THE CITY. >> RIGHT.

WE JUST HAVEN'T SPENT ALL OF IT. >> THE KEY THING IS ALL THESE ARE BUDGET FOR THE [INAUDIBLE].

>> YES. >> THESE CASES YOU SAY HAVE A PO.

>> RIGHT. A LITTLE DIFFERENT THAN THE OTHER TWO.

>> DIFFERENT THAN THE OTHER TWO. A MOTION, PLEASE. >> APPROVED.

>> SECONDED. >> VOTE. PASSES 6-0.

[2020-447]

>> ITEM 2020-447, CONSIDERING ACT OF PUBLIC ORDNANCE, FISCAL YEAR 2020-'21, UTILITY FUND BUDGET APPROPRIATIONS IN THE AMOUNT OF $685,526 FROM THE UTILITY FUND, UNRESERVED BALANCE

FOR THE EXPENDITURES NOT COVERED IN 2019-2020. >> AGAIN, THESE ITEMS WERE BUDGETED AND THE UTILITY FUND. HOWEVER, WE HAVE NOT USED ALL OF THEM THIS YEAR AND SO WE HAVE NOT ISSUED POS YET. I WILL TELL YOU THE CAPITAL DISTRIBUTION AND CAPITAL COLLECTION ITEMS ARE ROUGHLY HALF OF WHAT WE HAVE ROLLED IN PREVIOUS YEARS SO WE'VE USED QUITE A BIT OF THOSE FUNDS THIS YEAR AND THOSE ARE THE BIGGER DOLLARS.

>> GENTLEMEN? >> WE HAVE A MOTION. >> APPROVED.

>> SECONDED. >> MOTION APPROVED. ITEM PASSES 6-0.

[2020-448]

>> ITEM 2020-448 CONSIDER AN ACT UPON AGREEMENT WITH CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON TO PROVIDE WIND, HAIL DEDUCTIBLE THE CITY OF MIDLOTHIAN EFFECTIVE DECEMBER 8, 2020 WITH A COMMON EXPIRATION FOR OTHER INSURANCES POLICIES OF OCTOBER 1, 2021 FOR THE AMOUNT

OF $58,800 FOR TEN MONTHS. >> AND THIS POLICY, IF YOU'LL RECALL, WE DO HAVE OUR OVERALL PROPERTY COVERAGE, OUR CYBER INSURANCE, OUR WORKERS' COMP, OUR AUTO AND OUR GENERALLIABILITY ALL WITH TRAVELERS INSURANCE GROUP, HOWEVER, THE WAY THEY WROTE THAT POLICY WAS TO HAVE A $500,000 DEDUCTIBLE FOR WIND AND HAIL. WE HAVE HAD LOSSES IN THE LAST

[00:30:10]

THIS POLICY DOES THAT. IN ADDITION, WE HAD SEVERAL QUOTES.

WE DID GO THROUGH OUR INSURANCE AGENT. WE HAD SEVERAL QUOTES.

THEY WERE ALL FOR THE TEN MONTHS. I WANTED TO MAKE SURE THAT WAS VERY CLEAR IN HERE AND THE ONE THAT BEST SUITED OUR NEEDS WAS THIS ONE FROM LLOYD'S OF LONDON SO WITH THAT I'LL BE GLAD TO ANSWER ANY QUESTIONS ANYBODY MIGHT HAVE.

>> NO COMMENTS. A LOCATION PLEASE. >> SECOND.

>> MOTION TO APPROVE THE SECOND. VOTE. ITEM PASSES 6-0.

>> THANK YOU. >> THANK YOU. ITEM 2020-449 CONSIDERING AN ACT

[2020-449]

>> MAYOR, COUNCIL, GOOD EVENING. FOR NEW COUNCILMEMBERS AND A REFRESHER ON THE BACK YEARS, WE'RE TALKING ABOUT A STUDY ON OUR INFILTRATION AND OUR SEWER SYSTEM.

ANYTHING EXTRA THAN REGULAR WASTEWATER INTO OUR SYSTEM COSTS OF EXTRA DOLLARS DOWN THE LINE.

WHAT WE WANT TO DO IS DEPLOY ABOUT TEN METERS, TRY TO FIND OUT WHERE OUR HOT SPOTS ARE, WHERE WE GET AN INA. IS IT FROM MAINS OR RESIDENCES OR CUSTOMERS? THIS IS A LOT OF WORK. COUNSEL ALLOWED US TO REPLACE A THE ALTHOUGH OF SEWER LINES IN THE PAST. WE HAVE MANHOLES. WE WANT TO SEE WHERE WE STAND AS FAR AS INFILL ADMINISTRATION INTO THE SYSTEM THAT GOES TO THE WASTEWATER TREATMENT PLANTS AND THE COSTS GO DOWN. ONCE WE FIND THE HOT SPOTS, OUR GOAL IS TO FIX THEM.

IT'S NOT A MATTER OF KNOWING THEY ARE THERE BUT GETTING THEM FIXED.

I'M THERE TO ANSWER ANY QUESTIONS. IT'S MANY YEARS OF WORK.

HOWEVER, THIS METER WILL GIVE US A TECHNICAL LOOK AT WHAT WE HAVE IN OUR SYSTEM.

>> [INAUDIBLE]. >> WE'RE TRYING. THAT'S ALL I CAN SAY.

WE'RE GETTING THERE. WE'VE BEEN AGGRESSIVE ON A LOT OF OUR OLD SYSTEMS BECAUSE A LOT OF OUR CITY IS NEW. WE HAVE NEW CONSTRUCTION. A BIG MAJORITY OF IT.

WE HAVE OLD PARTS OF TOWN I FIND OLD STUFF EVERY WAY. IT'S BEEN IN THE GROUND FOR 80 YEARS. WE HAVE OUR ISSUES WITH NEW CONSTRUCTION, LIKE A WATER LINE, EXCUSE ME, A SEWER LINE CAN GET HIT WITH A FIBER LINE AND DESTROY A BRANDS NEW SEWER LINE AND WE DON'T KNOW ABOUT IT UNTL WE KNOW ABOUT IT. FRANCHISES, PEOPLE ARE HITTING OUR LINES AND NOT TELLING US AND COVERING IT BACK UP. A LOT OF DIFFERENT ISSUES POPS

UP AND THIS PUTS AN IDEA OF WHERE THE HOT SPOTS ARE. >> IS THIS BUDGETED?

>> YES, SIR. >> COMING OUT OF THE UTILITY FUND.

>> THAT'S CORRECT, SIR. >> GENTLEMEN? A MOTION, PLEASE.

>> YES. >> SECOND. >> MOTION APPROVED WITH A

SECOND. ITEM PASSES 6-0. >> THANK YOU.

[2020-450]

>> ITEM 2020-450, CONSIDERING ACT UPON AGREEMENT WITH [INAUDIBLE] TECHNOLOGIES OF [INAUDIBLE] TEXAS FORREN MANHOLE REHABILITATION SERVICES ON HIGHWAY 67 SERVICE ROAD, FM663 AND EXPERT LANE IN LAWSON PARK SUBSTATION AND LINE FROM COTTON CRICK TO TRUCK STOP, AN AMOUNT

NOT TO EXCEED 124,992 AND 40 CENTS CENTS. >> COUNSEL, THIS IS AN EFFORT TO REDUCE THE AMOUNT OF INA. WE ARE PLAYING CATCH-UP. WE HAVE TO GO BACK TO ZERO WHERE WE DIDN'T GET DONE AND GO THROUGH AND LINE THE MANHOLES. I BELIEVE IT'S WORKING.

ANOTHER THING, THEY ALWAYS HAVE BRICK MANHOLES, AND THEY LASTED FOR A WHILE BUT THERE'S A LOT OF -- THERE BUT THEY LAST FOR QUITE A LONG TIME SO IT'S A GOOD INVESTMENT FOR THE STRUCTURAL

[00:35:03]

AND THE REDUCTION OF INA IN THE SYSTEM . >> HOW LONG IS A LONG TIME?

>> THE DESIGN METHODS ARE WARRANTIED FOR 25 YEARS AND HOPEFULLY THEY'LL LAST LONGER

THAN THAT. >> THERE YOU GO. A MOTION, PLEASE?

>> MOTION TO APPROVE. >> APPROVE? >> SECONDED.

>> PLEASE VOTE. ITEM PASSES 6-0. >> THANK YOU.

[2020-451]

>> ITEM 2020-451, CONSIDER AN ACT UPON AGREEMENT FOR PROFESSIONAL SERVICES WITH BREEZE AND NICKELS TO PREPARE AND UPDATE THE CITY'S IMPACT FEE STUDY IN AN AMOUNT NOT TO EXCEED

$140,000. >> THANK YOU. GOOD EVENING, COUNCIL.

IN ACCORDANCE WITH CHAPTER 395 THE TEXAS LOCAL GOVERNMENT CODE ENTITIES THAT HAVE ADOPTED A -- ARE REQUIRED EVERY I HAVE TO YEARS TO GO BACK AND REVISIT THE IMPACT PROGRAM AND REALLY REASSESS THE ASSUMPTIONS, ALONG WITH CAPITAL IMPROVEMENT PROGRAMS AND TO VERIFY THAT THE COSTS THAT ARE BEING CHARGED ARE IN LINE AND THAT ARE PART OF THE NEW GROWTH AND BASICALLY THE IMPACT FEES ARE THERE TO COVER THE COST OF THE NEW GROWTH AND FOR THAT ADDITIONAL CAPACITY.

THE LAST UPDATE WAS DONE IN 2016, THE TIMING FOR COMPLETING THE STUDY, PUTTING US IN LINE WITH 2020 ADOPTION SHOW THAT WILL BE IN ACCORDANCE WITH THE STATE RETIREMENT.

ONE THING TO LET COUNCIL KNOW, THE PLANNING AND -- A THE ALTHOUGH OF THIS INFORMATION WILL BE GOING TO THAT WILL COMMITTEE INITIALLY AND ULTIMATELY WILL GO TO COUNCIL FOR CONSIDERATION AND THEN ADOPTION. AT THE TIME THEY CAN DECIDE WHAT COUNCIL DECIDES THE IMPACTS. THERE'S CERTAIN REQUIREMENTS WE HAVE TO HOLD TO AND ONE IS YOU CAN ONLY CHARGE 50 PERCENT OF THE COST, SO IF THE COST IS A CERTAIN DOLLAR AMOUNT YOU CAN ONLY CHARGE 50 PERCENT OF THAT COST THAT IS CALCULATED OR DETERMINED.

THAT'S BASED ON STATE LAW. THIS IS SET UP TO WHERE WE'LL BE DOING ROADWAYS ALONG WITH BOTH WATER AND WASTEWATER. IT'S A BUDGETED ITEM AND PAID FOR BY IMPACT FEES THAT ARE COLLECTORRED SO THIS WILL COME OUT OF THOSE FEES THAT WE HAVE COLLECTED ON THE ROADWAY AND UTILITY SIDE. WITH THAT I'LL BE HAPPY TO ANSWER ANY QUESTIONS COUNCIL MAY

HAVE. >> I HAVE ONE. I HAVE A QUESTION.

THE 50 PERCENT, WE'RE NOT CHARGES OR ANYWHERE CLOSE TO THAT RIGHT NOW, ARE WE?

>> ON THAT COUNCILMAN I THINK WE'RE FAIRLY CLOSE ON THE WASTEWATER, 40 PERCENT.

WE'RE LOWER ON THE WATER SIDE. I BELIEVE WE MAXED OUT THE ROADWAY SIDE, WANTED TO ADOPT THE 50 PERCENT, AND THAT WHAT IT SAYS CURRENTLY. THE NUMBER WILL CHANGE BECAUSE WE'LL BE HAVING DIFFICULT PROJECTS AS WELL AS YOU CAN RECOVER COSTS FOR EXISTING PROJECTS THAT HAVE BEEN BUILT, SO IT HAS TO BE IDENTIFIED AND INCLUDED IN THE STUDY AND HAS TO BE ON OUR CAPITAL IMPROVEMENT IMPACT FEE PROGRAM OR ELSE IT'S NOT ELIGIBLE FOR ANY TYPE OF

REIMBURSEMENT OR COLLECTION. >> WHAT DID WE RAISE BACK WHEN WE RAISED ALL THE DEVELOPMENT STANDARDS? I THOUGHT WE RAISED IMPACT FEES WHEN WE CHANGED THE STANDARDS

EIGHT MONTHS AGO OR LONGER. >> [INAUDIBLE]. >> WE DID CONSTRUCTION FEES, FOR

THE ACTUAL CONSTRUCTION SITE. >> YES, SIR. >> [INAUDIBLE] WITH THE

RECOMMENDATION. >> ULTIMATELY IT WILL BE FOR THE ACTUAL -- PROBABLY ALMOST BY THE YEAR. IT WILL TAKE A YEAR TO GO THROUGH.

THERE'S CERTAIN TIMELINES WE HAVE TO ADHERE TO IN PUBLIC HEARINGS AND THINGS ALONG THOSE LINES SO I THINK WE HAVE IT SET FOR A 12-MONTH TIME FRAME BEFORE WE'LL BE BRINGING IT BACK TO

COUNCIL. >> I HAVE A QUICK QUESTION, THE GENERAL FUND BUDGET.

>> [INAUDIBLE] THIS IS MORE FROM THE CAPITAL SIDE, NEW CAPACITY AND.

>> YES. YES. THE WAY IT'S SET UP YOU CANNOT USE THIS FOR MAINTENANCE. IT'S SET UP BASICALLY FOR NEW DEVELOPMENT AND IT'S BASED ON

CAPACITY BEING PROVIDED BECAUSE OF THE NEW DEVELOPMENT. >> A MOTION, PLEASE.

>> APPROVE. >> SECOND. >> MOAS APPROVED, SECONDED.

[2020-452]

VOTE. ITEM PASSES 6-0. >> COUNCIL? >> ITEM 2020-452, CONSIDERING AN ACT OF A QUOTATION FROM DUPONT WATER SOLUTIONS FOR THE REPLACEMENT OF MEMBRANES,

MODULES, AT THE WATER TREATMENT PLANT NOT TO EXCEED $350,000. >> THANK YOU, MAYOR AND COUNCIL.

[00:40:09]

THE INITIAL FOUR RACKS, AND I'LL SHOAL YOU A PICTURE, A BETTER PICTURE, AND THESE ARE THE INITIAL FOUR IN PLACE. WE HAVE TWO MORE IN NOW AND THEY ARE RUNNING BUT THE FOUR RACKS OF MADE UP OF 120 MODULES. THESE ARE THE MEMBRANES MODULES, 120 OF EACH OF THOSE RACKS.

SO WITH THESE WITHIN THEM, THEY ARE HALLOW FIBERS AND THIS IS A CUT-AWAY OF A MODULE.

THIS IS WHAT IS FILTERING THE WATER AS IT GOES THROUGH THE PROCESS WITHIN THE MEMBRANES SO WHEN THIS PLANT WAS BUILT AND IT GAME OPERATION IT WAS ROUGHLY MID-2013.

WHEN THE MEMBRANES WERE INITIALLY PILOTED FOR USE THEY WERE BEING PILOTED TO WHERE THERE WAS NO PRETREATMENT. JUST DIRECT FILTRATION. TYPICALLY WHEN YOU HAVE A SETUP, THE FILTERS WOULD LAST SOMEWHERE BETWEEN THREE TO SEVEN YEARS. THE WHAT WE HAVE ON OURS IS WE HAVE PRETREATMENT AHEAD OF THAT SO WE HAVE A SEDIMENTATION BASE, A SHORTER ONE, AND WE'LL LOOK AT HOPEFULLY PRETTY SOON OF ADDING ANOTHER BASINS AND PLACE CENTERS.

BUT YOU GET RIPS AND FOLDS AND IT IMPACTS THE VOLUME THAT YOU ARE ABLE TO TREAT.

WHAT WE HAVE RIGHT NOW IS THE INTENT WOULD BE TO COME IN AND REPLACE THE MODULES WITHIN TWO RACKS COMPLETELY AND THE TWO RACKS THAT WE HAVE NOT REPLACED THEM IN, IF WE HAD ONE BAD MODULE, WE'LL TAKE THE GOOD ONE THAT REMAINS AND THE TWO RACKS WE'LL REPLACE THEM.

THEN WE COME BACK HOPEFULLY IN ANOTHER COUPLE OF YEARS AND CHANGE THE OTHER TWO RACKS OUT TOO. WE'LL HAVE AN ALTERNATING SCHEDULE.

THE INITIAL INTENT WAS TRYING TO GET BETTER THAN THE SEVEN YEARS. WE'RE ABOUT SEVEN AND A HALF YEARS ON THE RACKS NOW. WITH THE PLACE SETTLERS WITH THE OPERATION OF THE PLANT AND MAYBE WITH NEW BASINS IN THE FUTURE, WE LIKE TO GET TEN YEARS OUT OF EACH OF THESE MODULES WITHIN THE RACKS. THIS IS AN ITEM THAT IS BUDGETED OUT OF THE UTILITY FUND AND THIS IS SOMETHING THAT WE HAD PLANNED TO DO. IT'S BEEN EXPEDITED QUICKER.

WE WERE HOPING TO DO IT NEXT YEAR TO DO TWO RACKS AND BUDGET FOR ONE AND COULD TWO NEXT YEAR.

THE PLANT IS SEEING SOME OF THEM WHERE THEY'RE ACTUALLY GOING BAD PRETTY QUICKLY AND WE WANTED TO STAY AHEAD OF IT AND HAVE THE FULL CAPACITY. I ALSO HAVE FILM WALKER, OUR PLANT MANAGER, AND JOE RICHIE, THE -- OPERATOR, IF THERE'S ANY QUESTIONS, IF YOU HAVE ANY

QUESTIONS EITHER WITH THE MEMBRANES OR OPERATION. >> THE SCHEDULED TOUR.

WHEN CAN WE GET THAT. >> LET US KNOW. >> WHENEVER YOU ARE READY, I'M

READY. >> THESE GUYS LOVE GIVING TOURS. >> A QUESTION OUT OF CURIOSITY MORE THAN ANYTHING. AS THE FILTERS WEAR DOWN DOES THAT IMPACT THE WATER TASTE OR

QUALITY AT ALL? >> NO. WHAT WE END UP SEEING, WHEN THEY ARE DOING THEIR TESTING ON IT, YOU CAN COME AND ISOLATE THE MODULES BUT WE SHOULD HAVE AN

IMPACT ON THE OVERALL QUALITY. IT STARTS AFFECTING YOUR VOLUME. >> OKAY.

>> WHY WOULD WE NOT [INAUDIBLE] CHANGE ALL FOUR RACKS OUT. >> I THINK THE THOUGHT WAS -- AND WE COULD DO THAT TOO. THE THOUGHT WAS WE THINK WE HAVE ENOUGH GOOD ONES THAT WE CAN EXCHANGE THEM AND WE WANTED TO SPREAD IT OUT SO THAT WE'RE NOT DOING THE FULL FOUR RACKS AT ONE TIME. IT WILL TAKE A LITTLE TIME. IT SHOULDN'T TAKE MUCH TIME.

AS PART OF THIS IT REQUIRES TWO TECHNICIANS, AND THEN HAVE TWO RACKS DOWN WHILE YOU ARE

CHANGING OUT. >> A MOTION, PLEASE. >> MOTION.

>> SECOND. >> MOTION APPROVED. PLEASE VOTE.

>> ITEM PASSES 6-0. >> THANK YOU VERY MUCH. >> THANK YOU VERY MUCH.

[2020-453]

>> ITEM 2020-453, CONSIDER AN ACT OF AWARDING A TWO-YEAR CONTRACT WITH THREE ONE-YEAR EXTENSION OPTIONS TO [INAUDIBLE] MEDICAL LLC WITH AN ALTERNATE CONTACT TO LICENSES.

>> GOOD AFTERNOON. WE WENT OUT FOR BID FOR MEDICAL SUPPLIES.

[00:45:02]

THE DECISION TO GO WITH THE AWARD IS BASED PURELY OFF THE FACT THAT WITH COVID AND PROCESS MOVING AROUND LIKE THEY ARE WE FELT THAT WAS IN THE BEST INTEREST OF THE CITY TO TAKE AND HAVE A PRIMARY AND HAVE A BACKUP JUST IN CASE WE'RE UNABLE TO MAKE THE PURCHASES THAT WE NEED TO TAKE. MOST DEFINITELY FOR DOLLAR-WISE, WHAT WE'RE CURRENTLY PURCHASING OFF OF, A LOT OF THESE ITEMS COME IN LESS THAN WHAT WE'RE CURRENTLY PURCHASING OFF OF THE

CEDAR HILL CONTRACT. >> ALL THIS IS BUDGETED, RIGHT? >> YES, SIR.

YES, SIR. >> INITIALLY WHEN COVID FIRST HIT THERE WAS CONCERN WHETHER OR NOT YOU GUYS WOULD BE ABLE TO GET SUPPLIES AND ALL THAT GOOD STUFF.

HAS THE MARKET CAUGHT BACK UP? >> WE'RE NOT. OUR MAIN ISSUE IS WITH GLOVES AND JUST NORMAL PPE. GLOVES, THEY ARE ONLY PROVIDING US OF USEN ALLOCATION OF SIX CASES A MONTH -- AN ALLOCATION OF SIX CASES A MONTH. SO WITH THE DUAL, WE CAN

ESTABLISH THAT NOT ONLY WITH BOUND TREE BUT HAVE -- IN PLACE. >> GREAT BACKUP.

>> MOTION? >> MOTION APPROVED. SECOND.

>> SECONDED. >> ITEM PASSES 6-0. >> [INAUDIBLE]

[2020-455]

>> ITEM 2020-455, CONSIDER AN ACT OF PUBLIC -- MIDLOTHIAN MANAGEMENT DISTRICT NUMBER THREE, CONFIRM A KNOWN DEFAULTS AND THE FORCIBILITY OF CONSENT APPLICATION, APPROVAL OF A

FIVE-YEAR -- BUDGET FOR SAID DISTRICT. >> MAYOR AND COUNCIL, THIS IS SEMIANNUAL UPDATE FROM MIDLOTHIAN MUNICIPAL MANAGEMENT 60 -- AND AROUND THE HAWKINS RUN AREA. THOSE BUILDINGS -- THIS WAS CREATED, THE LEGISLATURE, IN 2017, BY HOUSE BILL 4347 AND THROUGH THIS ITEM WE'LL BE ISSUING -- OR APPROVING THE ISSUANCE OF BONDS FOR $2.4 MILLION AND THAT IS A REPAYMENT FROM THEIR PARTICIPATION IN HAWKINS RUN AND 14TH STREET, APPOINTING BOARD OF DIRECTORS AND ALSO LOOKING AT THE FIVE YEAR CAPITAL IMPROVEMENT BUDGET FOR PUBLIC INFRASTRUCTURE, SO SECTION ONE, BOARD OF DIRECTORS, AND THERE'S FIVE OF THEM, DIRECTORS SINCE THE INCEPTION. THERE'S SEVERAL CRITERIA FOR BOARD OF DIRECTORS, LIVING IN THE DISTRICT, PART OF IT, REGISTERED VOTER OF THE CITY, OWNER OF PROPERTY, AND [INAUDIBLE] SUBDIVISION, AND THEY DO ALL MEET THAT CRITERIA. ALSO CONFIRMING THAT FOR THE DISTRICT ISSUANCE OF $2.4 MILLION AMONG THE TAX ROAD BONDS AND MIGHT BE A TAX NOT TO EXCEED 40 CENTS PER $100 TAXABLE VALUE WHICH WAS PART OF THE AGREEMENT AT THE BEGINNING.

AND THEN APPROVING THE MUNICIPAL MANAGEMENT DISTRICT NUMBER 3 ISSUANCE OF 2.4 MILLION, TAX ROAD BONDS, 2020, AND PLANS FOR ROADS WITHIN THE DISTRICT PAID FOR BY SUCH BONDS, WITH HAWKINS RUNS AND 4TH STREET PARTICIPATION. WE PARTICIPATED IN A LOT OF THAT BUT AS A DEVELOPMENT OCCURRED PARTICIPATING IN THOSE AS WELL. WITH THAT I'LL ANSWER ANY QUESTIONS. THE PROPERTY DEVELOPER IS HERE AS WELL.

>> YOU SAID IT WAS HAWKINS RUN AREA. IS THERE A GEOGRAPHICAL MAP THAT

GIVES US AN IDEA OF WHERE ALL THIS COVERS. >> YES.

>> I'M AWARE IT'S. >> I'M SORRY. >> SURE.

>> IT'S THREE OUT OF THE FOUR CORNERS OF THAT INTERSECTION ARE COVERED BY THIS, THE CORNER WOULD BE THE SOUTHEAST ONE WHICH IS OWNED BY MISD, THAT'S NOT COVERED WITHIN THIS.

>> BASICALLY FROM 663 ALL THE WAY DOWN HAWKINS RUN AND THEN THE.

>> I DON'T THINK WE'RE AT THE CORNER OF 663. DOES IT GO ALL THE WAY THERE?

>> YES, SIR. I'M SORRY. >> [INAUDIBLE].

[00:50:03]

>> SO, YEAH, ALL THE WAY. BUT KROGER IS NOT. >> THAT'S ON THE SOUTH SIDE.

>> I ASSUME -- THE [INAUDIBLE]. >> NO, SIR. >> .

>> ANY OTHER COMMENTS? QUESTIONS? COUNCIL?

>> A MOTION PLEASE. >> APPROVE. >> SECOND.

>> MOTION TO APPROVE AND SECONDED. PLEASE VOTE.

[Executive Session (Part 1 of 2)]

PASSES 6-0. >> THANK YOU. AT 4:50 WE'LL BREAK FOR AN EXECUTIVE SESSION. COUNCIL WILL CONVENE AND PURSUANT TO SECTIONS OF THE TEXAS GOVERNMENT CODE, SECTION 551.072 WILL STATE DELIBERATION -- REGARDING REAL PROPERTY TO PURCHASE AND EXCHANGE LEASE OR VALUE OF REAL PROPERTY BY MED IN MIDLOTHIAN MUNICIPAL PARK AND SECTION 551.087, ECONOMIC DEVELOPMENT. WE STAN ADJOURNED AT 4:51.

WE'LL RETURN TO DO THE PUBLIC ITEMS BUT WE WON'T START. >> THE COUNCIL HAS RECESSED FROM OUR EXECUTIVE SESSION IN WHICH WE DID ITEM 2. WE'LL RECONVENE FOR ITEMS THREE AND FOUR WHEN 4A IS AVAILABLE. WE ARE SCHEDULED TO COME BACK AT 6:00 P.M. FOR THE PUBLIC HEARING

THIS POINT. [RECESS] >> EVENING.

IT'S 6:00 P.M. THE CITY COUNCIL IS BACK IN SESSION AFTER A RECESS AFTER THE EXECUTIVE SESSION. WE'LL DO THE PUBLIC HEARING ITEMS, ALL OF THEM, AND THEN CONVENE AGAIN INTO AN EXECUTIVE SESSION. OPEN TO ITEM 2020-433, CONDUCTS

[2020-433]

SUITE 9.74 ACRES BEING A CHART OF PLANNED IN THE P.M. >> THANK YOU, MAYOR.

THE PROPERTY IS LOCATED ALONG APPLE LANE AND CONTAINS ONE EXISTING HOME ON THIS NINE-ACRE TRACK. THE APPLICANT IS LOOKING TO REZONE TO A SMALL PLAN DEVELOPMENT CONSISTING OF NO MORE THAN FOUR LOTS. THE PROPERTY IS SURROUNDED BY AGRICULTURE ZONING AS YOU CAN SEE ON THE SCREEN. PARCELS SURROUNDING THE AREA RANGE FROM SEVEN AT THING OF AN ACRE OVER 37 ACRES IN SIZE. THE COMPREHENSIVE PLAN DESIGNATES OUR AREA WITHIN THE COUNTRY MODULE AND IT CORRESPONDS WITH LOTS RANGING BETWEEN ONE AND THREE ACRES IN SIZE. A SITE PLAN WAS PROVIDED SHOWING ATHE PROPERTY WOULD BE DIVIDED INTO VARIOUS LOTS, BASED ON THE APPLICANT'S CALCULATION, IT WILL RANGE BETWEEN ONE AND THREE, BUT NO MORE THAN FOUR LOTS ARE PERMITTED ON THIS NINE-ACRE TRACK. ALL HOMES SHOULD HAVE ARTICULATED -- AND BE DESIGNED IN THE ELEVATIONS YOU SEE ON THE SCREEN. IN ADDITION ALL HOMES WILL CONTAIN SIDE ENTRY GARAGES, NO FRONT ENTRY, AND -- ALL IS PROHIBITED.

I WANTED TO TALK ABOUT APPLE LANE. THIS WAS ORIGINALLY CONSTRUCTED BY THE COUNTY. SINCE THE ANNEX CHARACTERIZATION OF 2008 IT'S BEEN MAINTAINED BY THE CITY. THE WIDTH, ABOUT 12 TO 13 FEET WIDE IN THIS PARTICULAR AREA BUT WAS RECENTLY OVERLAID BY THE CITY WITH ASPHALT. THIS IS OBVIOUSLY HELPING TO IMPROVE ITS CURRENT CONDITION. LETTERS WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET TO DATE THEY HAVE RECEIVED TWO LETTERS IN OPPOSITION WITHIN THE 200-FOOT BUFFER.

STAFF HAS RECEIVED ANOTHER SIX LETTERS IN OPPOSITION AND ONE ALL RIGHT IN SUPPORT AND THIS IS OUTSIDE OF 200-FOOT BUFFER AREA. BASED ON THE COUNTRY MODULE GUIDANCE RELATED TO LOT SIZE AND

[00:55:01]

>> WE DO HAVE FOUR SPEAKERS WHICH I WOULD LIKE TO HEAR FIRST, TWO IN OPPOSITION AND TWO IN SUPPORT. THERE'S A FIFTH IN OPPOSITION BUT NOT A SPEAKER.

WE HAVE NEXT. >> I LIVE AT [INAUDIBLE] 720 APPLE LANE WHICH IS THE BEGINNING AT THIS -- WHERE I LIVE AT. I HAVE GUY ACRES AND IT'S A RANCHETTE, COMMON COUNTRY LIVING, AND EVERYBODY IS FIVE ACRES AND ABOVE ON THAT.

THIS LAND BACK HERE, YOU MIGHT AS WELL SAY TEN ACRES, WE DON'T HAVE A PROBLEM WITH BREAKING IT DOWN INTO FIVE ACRES, TWO HOUSES BUT SMALLER THAN THAT YOU ARE REALLY TAKING AWAY FROM WHAT WE ARE BACK THERE AND THE ONLY COUNTRY LIVING LEFT IN MIDLOTHIAN.

THE OTHER THING HERE ON THE PLANNING BOARD WHEN THEY VOTED ON THAT AND THEY TALKED ABOUT THE WATER AND THE INFRASTRUCTURE BACK THERE AND THEY DIDN'T KNOW ABOUT THE WATER LINE.

I TALKED TO MOUNTAIN PEAK AND WITH RESEARCH IT'S A TWO-INCH WATER LINE THAT GOES BACK THERE.

THE WATER PRESSURE ON THE PEOPLE THAT LIVE BACK THERE NOW THEY CAN SPEAK.

WE'RE ADDING TO THE PROBLEM IF WE BRING THESE IN. I'M OPPOSED TO THIS.

THANK YOU. >> NEXT SPEAKER, SUSAN SHORT. >> NAME ADDRESS AND THREE

MINUTES. >> MY NAME IS SUZANNE SHORT. I LIVE AT 751 APPLE LANE.

THERE'S TWO PROPERTIES THAT SEPARATE US FROM THIS PROPOSED DEVELOPMENT.

WE LIVE ON APPROXIMATELY 16 ACRES. THIS AREA WHERE WE LIVE IS A SUBDIVISION, A NEIGHBORHOOD. WE'VE BEEN A NEIGHBORHOOD FOR WELL OVER 50 YEARS.

THERE ARE 30-SOME FAMILIES WHO LIVE THERE. IT IS NOT 200 ACRES OF RAW LAND.

WE HAVE LIVED THAT WAY IN A RURAL SETTING FOR ALL THAT TIME. IF 1.3-ACRE LOTS OF ALLOWED THAT IS THE DIRECTION THAT THE WHOLE NEIGHBORHOOD WILL GO. FOR US, IT WOULD BE A GREAT BENEFIT BECAUSE WE HAVE TWO SIDES OF OUR PROPERTY HAVE OUR OWN FRONTAGE BUT WE WOULD LIKE TO SEE IT KEPT RURAL. IF THIS IS ALLOWED TO GO IN, WE WON'T BE ABLE TO GET IT BACK.

IT WILL BE JUST LIKE EVERY OTHER SUBDIVISION IN THE CITY, AND THERE WON'T BE ANYTHING UNIQUE TO IT AND THERE ARE A FEW THINGS IN MIDLOTHIAN THAT SEPARATE US FROM EVERY CITY.

THIS HAPPENS TO BE ONE OF THEM. IT'S WONDERFUL TO SEE PEOPLE COME THERE AND SAY THEY DIDN'T KNOW SOMETHING LIKE THIS EXISTED, TO COME OUT AND PET THE COW AND CLIMB ON THE HAY AND ENJOY REAL LIFE LIKE YOU DO IN THE CITY. I THANK YOU FOR YOUR TIME.

>> NEXT IS [INAUDIBLE]. >> AS YOU MAY SPEAK WITH OR WITHOUT YOUR MASK.

IT'S YOUR CHOICE. >> MIAMI NAME IS JORDAN RIENNUS7460 DILLON STREET, MIDLOTHIAN, TEXAS. THANKS FOR ALLOWING ME TO SPEAK. I WANTED TO GIVE JUST A BRIEF HISTORY ON THE PLANS THAT WE HAVE WITH THIS PROPERTY, WHERE WE STARTED.

BACK IN AUGUST WE SUBMITTED A STRAIGHT ZONING FOR SF 2 AND WE WERE SEEKING THE ONE ACRE ZONING BECAUSE WE FELT THAT GAVE US -- WE WEREN'T SURE WHAT WE WANTED TO DO WITH THE PROPERTY BUT THAT GAVE US FLEXIBILITY TO WORK WITH IT AND SEE WHAT WE WANTED TO DO. WE MET WITH THE PLANNING AND

ZONING SUPER BOWLED. >> WE HEARD FROM THE NEIGHBORS AND OTHERS THAT THIS WAS NOT

[01:00:02]

WHILE THERE ARE LARGER TRACKS LIKE MRS. SHORTS AND OTHERS THAT ARE 15, 16, 17 ACRES, THERE'S A LOT THAT ARE ONE ACRE. THERE'S THREE PROPERTIES THAT WERE WITHIN 200 FEET OF OUR PROPERTY THAT ARE ONE ACRE LOTS THAT WERE -- AS PART OF OUR INITIAL MAILING LIST.

THERE ARE A LOT OF TWO ACRES. THERE'S A LOT OF FOURS, AND THERE'S A LOT OF FIVES AND WE FEEL THIS IS AN AREA THAT THERE CAN BE ADDITIONAL IN-FILL DEVELOPMENT GOOD FOR THE CITY AND THE NEIGHBORHOOD. BUT, YES, IT KEEPS THE INTEGRITY OF THE CURRENT NEIGHBORHOOD IN PLACE. I HAVE, IF YOU WOULD CARE TO SEE IT, WE DID MEET WITH MOUNT PEAK WATER BEFORE WE BOUGHT THE PROPERTY TO VERIFY THERE WAS CAPACITY ON THE LINE THAT'S THERE. I WILL FULLY ADMIT I DON'T LIVE THERE.

I'VE HEARD A LOT OF NEIGHBORS SAY THERE'S WATER PRESSURE ISSUES AND AS FAR AS I'M CONCERNED, I'VE DONE WHAT I CAN DO. WE HAD HYDRAULIC TESTS DONE, AND THE CITY OF MIDLOTHIAN SAID THERE WAS CAPACITY ON THE LINE. WE HAVE ALREADY PURCHASED TWO WATER TAPS FROM MOUNT PEAK THAT WE DECIDED TO DO REGARDLESS OF WHETHER THIS GOT APPROVED OR NOT THAT WE WOULD USE OURSELVES. IF THIS WAS APPROVED WE WOULD ONLY HAVE TO GO BACK TO THE CITY AND GET ONE ADDITIONAL WATER TAP IN ADDITION TO WHAT WE HAVE ALREADY PAID FOR AT THIS TIME.

>> AGAIN, I DID BRING THOSE RECEIPTS IF ANYBODY CARED TO SEE IT.

WE FEEL THAT THIS FALLS IN LINE WITH THE COMPREHENSIVE PLAN AND WITH THE DIRECTION THE CITY HAS BEEN WANTING TO GO AND WE WOULD ASK THAT THE CITY GIVE US THE SAME USE AND ENJOYMENT OF OUR

PROPERTY THAT MANY OF OUR NEIGHBORS ENJOY. >> YOU PURCHASED THE LAST

SHOALLY FOR DEVELOPMENT? >> WE DID. SO WE ARE, THIS CURRENT PLAN, IF YOU LOOK AT IT, MY PARTNER WHO IS HERE AS WELL, THE INTENTION IS THAT HE'LL BUILD ON THE BLUE LOT HIMSELF AND OCCUPY THAT PROPERTY AS HIS RESIDENTS AND THEN THE CURRENT HOME WOULD BE SOLD AND THE OTHER TWO LOTS WOULD BE SOLD AS WELL SO WE BOUGHT IT AS COMBINATION TO PROVIDE A HOME SITE FOR HIMSELF AND THEN ALSO BE ABLE TO RECOUP SOME OF THE FUNDS OF THAT BACK.

>> I UNDERSTAND YOUR POINT PERSONALLY WOULD BE A LOT MORE COMFORTABLE IS THERE WAS STREET LOTS, NOT FOUR. DO YOU HAVE ANYTHING ELSE TO ADD?

>> SO THE ONLY THING I SAY, IF YOU ZOOM OUT A LITTLE BIT ON THIS PICTURE, THE ONE TO THE WEST, THERE ARE THREE HOMES RIGHT THERE THAT UTILIZE 420-FOOT OF ROAD FRONTAGE.

WE'VE GOT -- I THINK ABOUT 850 BUT I'M NOT POSITIVE. THESE ARE GOING TO BE TRACKS THAT, EVEN IF THERE ARE FOUR HOMES, THEY'LL HAVE CONSISTENT ROAD FRONTAGE WITH A LOT OF THE

OTHER PROPERTIES IN THE NEIGHBORHOOD. >> WHAT'S THE HOUSE SIZES YOU

PROPOSE TO BUILD? >> THE MINIMUM, 2600 SQUARE FEET, THE THREE NEW HOMES.

THE EXISTING HOME IS ONLY ABOUT 1900 SQUARE FEET I BELIEVE. >> COUNCIL, DO YOU HAVE ANY

QUESTIONS FROM THE APPLICANT? >> [INAUDIBLE]. >> NEXT SPEAKER UNLESS YOU HAVE

SOMETHING ELSE TO ADD. >> NO, SIR. THANK YOU VERY MUCH.

>> THANK YOU. BRUSSON SWIGGER. NAME ADDRESS AND THREE MINUTES.

>> YES, SIR. MY NAME IS BRYSON. I'M THE OWNER OF 1120 APPLE LANE ALONG WITH JORDAN BUT THANK YOU FOR THE OPPORTUNITY TO BE HERE. THIS HAS BEEN A VERY INTERESTING PROCESS. WE DEFINITELY CALCULATED FOR A LOT OF DIFFERENT SCENARIOS BUT

[01:05:02]

WE WERE GOING FOR STRAIGHT ZONING OF THE ONE ACRE. THAT WOULD BE EASY FOR US BUT WE WITHDREW THAT AND RESUBMITTED IT AS A PLANNED DEVELOPMENT. IT'S HARD TO UNDERSTAND WHEN THE CHAIRMAN OF THE PNZ WAS BOASTING ABOUT APPROVING A FEW HUNDRED ONE ACRE LOTS AT THE PNZ MEETING AND WE CANNOT GET OUR PROJECT THROUGH WITH LARGE LOTS WITHIN THE CITY'S COMPREHENSIVE PLAN AND WE MEET OR EXCEED ALL THEIR MINIMUM GUIDELINES. WE WENT BACK TO THE DRAWING BOARD AND ADJUSTED OUR PROPOSAL WHICH IS WHAT YOU ARE LOOKING AT NOW.

IT TOOK INTO ACCOUNT MANY CONCERNS, NAMELY THAT OUR DEVELOPMENT COULD RUIN THE AREA WITH SMALL LOTS AND TRACK HOMES AND OF COURSE THAT WOULD RUIN THE COUNTRY FEEL.

WE RECREATED AN OPPORTUNITY FOR A FEW LARGE LOTS WITH AN AVERAGE THE SIZE OF OVER TWO ACRES FOR FAMILIES WITH CUSTOM-STYLE HOMES. WE KNOW IT IS OFTENTIMES IMPOSSIBLE TO MAKE EVERYONE HAPPY BUT THIS NEW PROPOSAL WE WERE PRESENTING IS VERY LIKELY TO BE THE BEST OPPORTUNITY TO PRESERVE WHAT THE NEIGHBORS ARE WANTING.

WE HAVE DONE WHAT WAS REQUESTED OF US TO GET THIS TO WHAT WE BELIEVE IS A WIN-WIN FOR ALL.

MIDLOTHIAN IS CHANGING ALL AROUND. DEVELOPMENT IS HAPPENING EVERYWHERE. THE RURAL IS BECOMING CITY AND I KNOW THAT'S HARD BUT IT'S INEVITABLE AND CAN BE GOOD. IT'S NOT ABOUT STOPPING IT BUT ABOUT U.S. CITY MANAGERS AND LEADERS MANAGING IT WELL AND CREATING NEW OPPORTUNITIES. WHAT WE HAVE PROPOSED NOT ONLY FITS WITHIN THE CITY'S PLANS BUT CREATES A FEW NICE LARGE LOTS FOR NICE HOMES TO BE BUILT ON AND IT ENSURES THE PIECE CAN NEVER BE SPLIT AGAIN AND TURNED INTO SOMETHING ELSE THAT THE NEIGHBORS WOULD EVEN MORE SO OPPOSE. WHETHER IT'S US OR SOMEONE ELSE THE SMALL SECTION OF APPLE LANE WILL BE DEVELOPED IN SOME WAY. IF IT IS NOT US IT WILL LIKELY BE A LARGE DEVELOPER WANTING TO PUSH THROUGH SMALLER LOTS FOR TRACK-LIKE HOMES.

WE'RE ASKING TONIGHT THAT YOU VALUE THE SMALLER DEVELOPERS LIKE YOURSELVES WHO ARE WORKING FOR THE WELL-BEING OF THE CITY AND THE NEIGHBORHOODS AND CREATING THESE NICE TWO-ACRE LOTS. PLEASE DON'T PRESS THE SMALLER GUY IN DEVELOPMENTS JUST BECAUSE NEIGHBORS ARE APPREHENSIVE TO CHANGE. THE COUNTRY FEEL IS SOMETHING MY WIFE AND I HIGH LIE VALUE AND HOPE TO ENJOY AS WE RAISE OUR SON PARKER AND THE OTHER CHILDREN GOD BLESSES US WITH IN THE FUTURE. WHAT WE'RE PROPOSING IS AN ASSET TO THE CITY AND IMPROVES THE SURROUNDING AREA AND HAVE THE BEST OPPORTUNITY TO PRESERVE THE

COUNTRY FEELING AS THE NEIGHBORS WANT. >> I HAVE TO MAKES A STATEMENT.

WHEN PLANNING AND ZONING CHAIR, YOU SAID THE CHAIR MENTIONED THEY WERE BOASTING ABOUT ABE

BLUING HUNDREDS OF ONE ACRE LOT HOMES. >> YES, SIR.

>> THAT'S NEW DEVELOPMENT, NOT REDEVELOPMENT OF EXISTING AREAS SO THERE'S A HUGE DIFFERENCE

THERE. >> SURE. >> JUST A POINT OF CLARIFICATION

AND EDUCATION. >> SURE. THANK YOU.

>> WE HAVE FOUR NONSPEAKERS THAT SUBMITTED FORMS. ONE OF THEM IS CONCERNED ABOUT THE INFRASTRUCTURE SUPPORTING THE TRAFFIC AND THE GENERAL IMPACT SO ALL OF THEM -- ANYWAY,

DO HE WE HAVE A MOTION TO CLOSE? >> IF WE'RE DONE WITH THE PUBLIC I WOULD LIKE TO CLOSE THE PUBLIC HEARING BUT I WASN'T SURE IF ONE OF YOU HAD ANYTHING FOR THE PUBLIC.

>> WE CAN DO THAT. >> I MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> THE MONTH EGGS TO CLOSE PUBLICARY, ON A SECOND, PLEASE VOTE. COUNCIL, DO YOU HAVE QUESTIONS FOR STAFF.

[01:10:01]

>> I HAVE A QUESTION. CORRECT ME IF I AM WRONG YOU SAID 16 LETTERS WENT OUT, TWO WERE OPPOSED WITHIN THE 200 FEET. SIX WERE OPPOSED TO OUTSIDE, AND ONE WAS IN FAVOR. THAT'S NINE, SO I'M -- I SAW IN THE POSTING THAT TEN LETTERS WERE IN OPPOSITION AND ONE LETTER IN SUPPORT SO WE'RE MISSING A FEW LETTERS OF

OPPOSITION. >> LET'S SEE. SO -- I'M SORRY.

I MIGHT HAVE -- I SEE WHAT YOU ARE SAYING. RIGHT.

NO, THAT SHOULD ACTUALLY BE -- THAT SHOULD NOT BE TEN LETTERS. THAT SHOULD SAY SIX LETTERS.

THAT REALLY SHOULD BE SIX LETTERS IN OPPOSITION THAT I HAVE.

WE RECOUNTED EVERYTHING THAT FELL WITHIN THE 200-FOOT BOUNDARY VERSUS OUTSIDE THE 200-FOOT BOUNDARY. THAT MIGHT HAVE ACTUALLY TAKEN INTO ACCOUNT LETTERS OF OPPOSITION THAT FELL OUTSIDE OF THE 200-FOOT. I DON'T KNOW IF I'M SAYING THAT

RIGHT. >> WHILE YOU ARE SHORING THAT UP, MR. CITY ATTORNEY, THAT

DOESN'T CHANGE ANYTHING, RIGHT, WITH THE POSTINGS? >> NO.

>> OKAY. >> WE CHECKED TO SEE LIKE OF ALL THE LETTERS THAT ARE IN OPPOSITION THAT FALL WITHIN THE 200-FOOT, SOMETIMES IT CAN TRIGGER A SUPER MAJORITY.

>> SURE. >> IN THIS PARTICULAR CASE WE STILL FELT ONLY ABOUT 16 PERCENT AND NOT TO THE FULL 20 PERCENT SO THIS IS JUST BY SIMPLE MAJORITY.

>> OKAY. AND THEN PNZ, IN FULL DISCLOSURE, I SAW IT THE FIRST TIME IT CAME TO PNZ BUT I DID NOT SEE IT THE SECOND TIME IT CAME TO IT, AND IT WAS DENIED AT PNZ WITH A 5-1 VOTE. DO THEY HAVE A MAJORITY OPINION AS TO WHY?

WHAT WAS THEIR CONCERN. >> RIGHT. IF I RECALL CORRECTLY THE ONE PERSON THAT WAS STILL IN FAVOR, IT WAS MORE ABOUT THE IDEA OF THE COMPREHENSIVE PLAN.

IT DOES CALL FOR, YOU KNOW, ONE TO THREE-ACRE-SIZED LOTS. >> SURE.

>> AND THE FACT THAT THESE ARE TRACKS. THESE ARE NOT PLATTED LOTS.

WITH THE EXCEPTION OF THE LAND TO THE NORTH, LET ME SEE IF I CAN GO BACK.

THERE'S A FEW LOTS HERE THAT ARE ACTUALLY -- THEY ACTUALLY ARE OFFICIALLY PLATTED.

A LOT OF THE LAND SURROUNDING THIS AREA ARE NOT PLATTED. THEY'RE JUST GENERAL TRACKS OF LAND. THE IDEA WAS THAT BECAUSE THE COMPREHENSIVE PLAN SAYS ONE THING AND THESE FOLKS ARE COMING IN AND THEY ARE STILL ADHERING TO THAT PORTION OF IT I BELIEVE

THAT ONE COMMISSIONER FELT THAT THAT WARRANTED MOVING FORWARD. >> THE FIVE IN DENIAL?

WHAT WAS THEIR MAJORITY BASIS? OR WAS THERE A MAJORITY BASIS. >> IF I RECALL THAT HAD A LOT TO DO WITH THE FACT THAT THE AREA IS ALREADY SOMEWHAT ESTABLISHED AND THE IDEA OF COMING IN AND, YOU KNOW, FOR THE MOST PART WHEN YOU LOOK AT THE SURROUNDING LOTS, A THE ALTHOUGH OF EVERYTHING IS, YOU KNOW, THREE TO FIVE ACRES IN SIZE. OUR COMPREHENSIVE PLAN DOES TALK ABOUT THAT IF YOU ARE WITHIN THAT COUNTRY MODULE, HAVING THAT SAY OF GOING FROM THREE, ONE TO THREE ACRES IN SIZE, IT'S REALLY BASED ON THE AREA. IF THE AREA TENDS TO HAVE MORE THREE TO FIVE ACRES IN SIZE THAT YOU WOULD TEND TO LEAN MORE TOWARDS, IF YOU ARE GOING TO SUBDIVIDE A LARGER TRACK OF LAND, THAT THAT TRACK OF LAND TEND TO BE MORE TOWARDS THREE ACRES AND NOT THE ONE-ACRE SIZE. IT'S DEPENDENT ON THE SURROUNDING PROPERTY AND I THINK BASED ON WHAT I RECOLLECT FROM THE PLANNING AND ZONING COMMISSION THEY DID FEEL THAT A LOT OF THESE LOTS ARE VERY ESTABLISHED, LEANING MORE TOWARDS THAT THREE-ACRE SIZE. IF YOU'RE GOING TO SUBDUED, MORE TO THE THREE TO FIVE ACRES.

>> TWO OTHER THINGS THAT STAND OUT FOR ME ON THIS, AND LET ME PREFACE THIS CONVERSATION BY SAYING I SEE WHAT YOU GUYS ARE TRYING TO DO. I DON'T KNOW WHERE YOU WENT BACK -- THERE YOU ARE. I SEE WHAT YOU ARE TRYING TO DO AND I CAN SUPPORT AND AGREE.

A COUPLE OF THINGS I SAW THAT WERE CONCERNING. THE WATER LINE, IF THAT IS IN FACT TRUE, GRANTED THEY DID GIVE YOU TWO TAPS AND IF YOU CAN'T GET THE OTHER TWO TAPS THEN THAT LIMITS IT TO TWO IN AND OF ITSELF BUT THE FACT THAT THE ROAD FRONTAGE THERE IS 12 TO 13 FEET I THINK WIDE WHEN WE'RE PUSHING FOR 20 TO 22 ON A MINIMUM RIGHT NOW, IF I'M GETTING MY MEMORY RIGHT, AND I THINK ON THE MINIMUM STREETS WE'RE LIKE 20 TO 22.

>> IT'S 28. 28 FEET IS OUR TYPICAL -- FOR A RURAL CROSS SECTION.

[01:15:02]

>> SO TO ADD TO THAT I JUST KIND OF SEE THAT AS A LITTLE BIT OF A CONCERN.

AND I CAN'T DISCOUNT THAT WILL IT'S ALREADY ESTABLISHED, LIKE JUSTIN SAID, AND SO I THINK IT JUST PLAYS DIFFERENTLY. I DON'T HAVE ANYTHING ELSE TO SAY.

>> I DO HAVE A COUPLE OF QUESTIONS. DO YOU HAVE OR THE COUNTRY -- WHERE IT BEGINS AND END, THE COMPREHENSIVE PLAN. SOMETIMES WE HAVE BUFFER ZONES.

THIS ISN'T IN A BUFFER ZONE BUT DEAD IN THE HEART OF THE COUNTRY COUNTRY MODULE.

THIS IS SHOWING AGRICULTURE BUT THE COUNTRY MODULE IS THE EXACT SAME IN THIS AREA.

>> FOR ME, AND I'M REALLY TORN BECAUSE I KNOW THAT ONE DAY THIS TRACK RIGHT HERE IS GOING TO COME HERE AND I KNOW THAT WE'RE GOING TO PUT 70-FOOT LOTS ON IT. WE SAY WE'RE NOT BUT I KNOW WE WILL. AND I'M NOT GOING TO HOLD THAT AGAINST -- I'M NOT GOING TO HOLD THE DEVELOPMENT AGAINST THESE GUYS BUT WHAT I'M STRUGGLING WITH HERE IS I WANT TO RESPECT ALL OF THE NEIGHBORS AND THEIR LAND IN KEEPING IT RURAL BUT I HAVE THIS FEELING THAT LATER DOWN THE ROAD WE'RE GOING TO SEE REDEVELOPMENT ON ALL OF THESE PROPERTIES AND IF IT FITS, I DON'T KNOW IF I LIKE THREE LOTS OR FOUR. I LIKE THREE.

I DON'T KNOW IF I CAN DO FOUR. I DON'T THINK THAT'S GOING TO TAKE AWAY FROM THE COUNTRY FEEL PERSONALLY BUT THAT'S JUST ME. BUT I'M TORN DOWN THE MIDDLE. I WANT TO RESPECT THE CURRENT

NEIGHBORHOOD. >> I THINK THAT'S WHAT THEY ARE TRYING TO DO, NOT TO INTERJECT, BUT TO RECAP, THAT'S WHAT THE NEIGHBORS ARE TRYING TO DO. THEY'RE TRYING TO HOLD THAT LINE, WITH WHATEVER GOES IN. ONE DAY, LIKE YOU SAID, THAT MIGHT CHANGE TO 75-FOOT LOTS AND IF THEY CAN DO WHAT THEY DO NOW TO HOLD THAT LINE THAT'S WHAT THEY ARE TRYING TO DO.

>> THE 37 ACRES WILL BE REDEVELOPED WITH THE NEW STANDARDS AND THE WIDE 28-FOOT STREETS AND REDEVELOPED WITH THE INFRASTRUCTURE TO HANDLE IT. RIGHT NOW THIS DOESN'T HAVE INFRASTRUCTURE TO HANDLE IT, IN MY OPINION, AND I LOVE OUR COMPREHENSIVE PLAN.

I READ EVERY SINGLE WORD. COMPREHENSIVE PLANS ARE GUIDES. THEY'RE NOT OUR BIBLE.

WE NEED TO LOOK TO IT. THE PLAN, WHEN IT WORKS AND WHEN IT DOESN'T WORK, WE NEED TO ADDRESS IT AND RECOGNIZE THAT IT DOESN'T WORK AND IN MY OPINION THIS IS ONE OF THOSE SITUATIONS.

I DROVE IT TODAY. I DROVE UP APPLE LANE, YOU COURT, WENT ALL OVER IT, RIGHT AT RUSH HOUR, WHEN SCHOOL WAS GETTING OUT, 3:45, ON THE WAY UP HERE AND I WAITED -- I PASSED A TRUCK WITH A TRAILER AND HE HAD TO PULL OFF THE ROAD IN ORDER FOR ME TO PASS AND ON MY WAY OUT, I WAS WORRIED I WOULD BE LATE AT 4:00 P.M. BECAUSE I WAS TRYING TO TURN LEFT ON 633 AND I HAD TWO CARS IN FRONT OF ME. WE HAVE AN ISSUE THERE. THAT'S AN ISSUE.

SO I WOULD BE IN AGREEMENT THAT I CAN'T GET BEHIND FOUR LOTS. I CAN'T PERSONALLY CAN'T GET BEHIND THREE. I WOULD MORE LIKELY GET BEHIND TWO.

AND I DON'T CARE WHAT THE ONE ACRE LOT THAT'S SITTING UP THERE, AND THE TWO-ACRE LOTS, THOSE ARE MISTAKES THAT'S COUNCIL BEFORE MADE, OR WHENEVER IT WAS NOT IN THE CITY LIMITS AND WE HAVE THIS SITTING IN FRONT OF US TO MAKE THIS DECISION.

THAT'S MY TWO CENTS. >> THE ONE THING YOU HAVE TO THINK ABOUT, ON THE OTHER SIDE OF THE ROAD, THE SOUTH SIDE OF THAT WILL 37 ACRES WHERE A LOT OF PEOPLE LIVE AND IF THE SUBJECT PROPERTY DOES NOT BECOME WHAT IT IS PLANNED TO BE BY THESE GUYS RIGHT HERE, SOMEBODY COULD BUY A PIECE OF THAT AND DRIVE STRAIGHT THROUGH THE 37 ACRES WITH THREE STREETS, TIE INTO APPLE LANE, IT COULD HAPPEN. IT MAY NOT HAPPEN IN MY LIFETIME OR COUNCIL TIME BUT THAT VERY WELL COULD HAPPEN. IF THERE'S THREE HOUSES THERE, THERE'S NO WAY THERE'S A ROAD GOING THROUGH THERE SO THAT PUTS A BLOCKADE TO ALL OF THOSE LITTLE BITTY HOUSES TO GET ONTO APPLE LANE. IT'S STILL A DEAD END STREET.

FOUR LOTS IS EIGHT CARS A DAY, NINE CARS, IT'S NOT A LOT OF EXTRA AND I LIVE ON A SUBDIVISION THAT HAS A TWO-INCH WATER LINE IN IT AND IT'S NEVER BEEN A PROBLEM IN MY NEIGHBORHOOD. I HAVE MOUNTAIN PEAK OVER THERE, CLEAR VIEW ESTATES AND A TWO-INCH WATER PIPE AND I'VE NEVER HAD A PROBLEM WITH WATER JUST BECAUSE.

[01:20:03]

>> . >> GO BACK. >> IS THIS SOUTH?

IS THIS NORTH? YES, SIR. >> THERE'S SOUTH OF IT, THE 37 ACRES. THERE'S THE LOT THEY'RE TALKING ABOUT.

>> THAT'S THAT. >> YES. THERE'S TOWER ROAD RIGHT THERE

ACROSS. >> I HOPE COUNCIL -- I HOPE WE HOLD TO THE COUNTRY MODULE ON THE 37.9. THIS IS A TOUGHY. TO FIT IN WITH WHAT'S THERE, YOU KNOW, COMFORTABLE WITH THREE. BUT FOUR.

>> YOU ALL KNOW MY BACKGROUND AND I'M NOT GOING TO SAY [INAUDIBLE] BUT I SEE A TON OF REDEVELOPMENT AND WE MIGHT LET IT HAPPEN. THAT'S T FOR SOMEONE ELSE SITTING HERE TO DECIDE BUT I DO THINK THAT THEY'RE GOING TO HAVT AREA ONE WAY OR ANOTHER.

THAT'S A DISCUSSION FOR A DIFFERENT DAY BUT FOR THIS LOT, THIS SUBJECT, I DON'T SEE HOW TWO MORE HOUSES WILL AFFECT IT. I'M NOT GIVING THEM THE FOURTH BUT I AM THINKING WHAT YOU'RE THINKING BECAUSE IF I WAS A DEVELOPER I WOULD PUNCH A ROAD THROUGH APPLE LANE AND PUT

70-FOOT WIDE HOUSES ALL THE WAY DOWN SO I. >> IT DOES.

AND THE ONE THING WE'VE GOT TO REMEMBER IS SOMEBODY SOLD THE PROPERTY.

SOMEBODY WANTS TO BUILD A HOUSE ON IT AND [INAUDIBLE] AND STAY WITHIN THE COMPREHENSIVE PLAN, TO AN EXTENT. IT'S NOT AN ARGUMENT ABOUT THAT. IT'S AN ARGUMENT BUT SOMEBODY'S RIGHT TO LIVE THERE OR NOT RIGHT TO THE LIVE THERE. 50 YEARS AGO THAT WAS ALL ONE BIG PIECE OF PROPERTY. SOMEBODY SOLD IT OFF IN PIECES TO PUT APPLE LANE IN THERE AND I MAY NOT LIKE HOW APPLE LANE TURNS ONTO 663 OR HOW QUICK 663 IS GETTING BOGGED DOWN.

>> YOU SAY IT HAS S TO DO WITH SOMEBODY'S RIGHT OR NOT RIGHT TO LIVE ON THAT PROPERTY.

>> SELL. >> I'M NOT SAYING THEY CAN'T SELL OR BUY THAT PROPERTY.

>> I JUST HAVE A VOTE IN WHAT THEY CAN DO WITH THAT PROPERTY AND I'VE GOT RESIDENTS SAYING THEY DON'T WANT TOO SEE 1.3, AND 2.1 PUT IN THERE AND I WAS PUT HERE TO SPEAK FOR THEM WHEN THE

TIME IS RIGHT. >> CHRIS OR CLYDE, IS THERE ANY SORT OF ZONING THAT WOULD GET US THE ACREAGE TO WHERE IT WERE TWO OR THREE LOTS ON THIS PIECE OF PROPERTY?

THERE'S SUCH A WIDE GAP WITH THIS ZONE. >> [INAUDIBLE].

>> I'M SORRY? >> I WAS THINKING STRAIGHT ZONE FOR SOME REASON BUT THE PD

ANSWERS THE QUESTION. THANK YOU. >> [INAUDIBLE].

>> TO BRING THIS BACK AT A LATER DATE BUT WE WOULD HAVE TO RETOOL THAT.

>> WELL, WE COULD CONTINUE THIS OR DO WE NEED TO. >> CONTINUE FOR WHAT? WE JUST NEED [INAUDIBLE] RIGHT NOW YOU HAVE [INAUDIBLE] AND YOU DENY THIS, THEN [INAUDIBLE].

>> [INAUDIBLE]. >> DO YOU WANT TO SPEAK? >> YES, SIR.

[01:25:05]

IF IT WOULD MAKE A DIFFERENCE WE WOULD CERTAINLY STRAIGHTEN OUT THE BOUNDARIES OF LOT TWO AND TAKE THAT BACK. THAT WOULD RAISE THE AVERAGE LOT SIZE OBVIOUSLY TO WHERE THERE WOULDN'T BE SIGNATURE AT 1.3. THEY WOULD BE OVER TWO ACRES, TWO TO TWO AND A HALF.

IT WOULDN'T HAVE A VARIETY. WE THOUGHT THE 1.3 AND A COUPLE AT TWO, AND THEN ONE AT THREE ENHANCED THE COUNTRY MODULE A LITTLE BIT MORE. TRUTHFULLY HERE THE THREE LOTS IS DIFFICULT TO DO PRIMARILY BECAUSE OF WHERE THAT HOUSE IS. THAT HOUSE IS SET WHERE -- WE DREW THIS UP A LOT OF DIFFERENT WAYS. AND SO THE CURRENT HOME IS NOT IDEALLY PLACED BUT IT'S A NICE ENOUGH HOME THAT IT PROVIDES MORE VALUE TO THE PROPERTY ON IT THAN BULLDOZING IT AND ADDING ADDITIONAL LOTS. WHATEVER WE ADDED ADDITIONAL ACRE TO THAT HOME THAT'S WHERE WE START TO LOSE OUR VALUE. THAT HOME SELLS FOR A SIMILAR PRICE ON AN ACRE THAN IT DOES WITH TWO OR WITH TWO AND A HALF. THE PRICE POINT THAT THIS ROUP PROPERTY WAS LISTED AT WAS ONLY GOING TO BE BOUGHT BY A DEVELOPER OR A BUILDER AND SO WHAT WE TRIED TO DO WAS TO MAKE THE HOME HAVE A WORKABLE AND FEESABLE LOT BUT YET ALSO NOT HURT US IN OUR RESALE OF THE LOTS AND LET THE DOLLAR VALUE BE IN THE COUPLE OF ADDITIONAL LOTS THAT WOULD BE CARVED OFF AND BE BUILT. IF I MAY, THE CONVERSATION REGARDING THE SOUTHERN LOT, WE'VE ALREADY BEEN APPROACHED BY SOMEBODY AT THE LAST PLANNING AND ZONING MEETING WHO OFFERED TO BUY THIS TEN ACRES FROM US AND SAID THEY WOULD BE POOLING IT TOGETHER WITH ADDITIONAL ACREAGE THAT THEY ARE TRYING TO NEGOTIATE FOR.

WE WOULD RATHER DO THIS, AND BRYSON SAYS HE WANTS TO LIVE ON THE PROPERTY AND I APPRECIATE SOME OF THE NEIGHBORS DON'T. WE FEEL WE'RE PRESERVING APPLE LANE FOR WHAT IT IS NOW VERSUS BEING POOLED TOGETHER WITH A LARGER DEVELOPMENT IN THE FUTURE POTENTIALLY.

WE THINK THAT -- I APPRECIATE THE THOUGHTS. FINANCIALLY I DON'T THINK WE CAN MAKE THE THREE LOTS WORK FOR WHAT WE'RE TRYING TO DO. I UNDERSTAND ALL OF YOUR CONCERNS. I REALLY DO. BUT FROM A FINANCIAL STANDPOINT I THINK WE WOULD BE BETTER OFF TO SELL THE PROPERTY AND LET SOMEBODY ELSE MOVE ON WITH IT IN

THE FUTURE. >> [INAUDIBLE]. >> YES.

>> WE CAN VOTE NO TO THAT ONE TOO. >> [INAUDIBLE].

>> THE THING IS THEY'LL RUN THE SEWER AND WATER OUT TO THE SOUTH AND IT WILL NEVER TOUCH THE

WATER LINE UP THERE BUT THEY'LL RUN THE CARS THROUGH IT. >> ALL WE HAVE TO DO IS SAY NO.

I DON'T IMAGINE RUNNING 70-FOOT WIDE LOT SUBDIVISION THROUGH A 12, 13-FOOT WIDE APPLE LANE.

I WOULDN'T VOTE FOR THAT. >> THEY'RE NOT GOING ON THE SOUTH [INAUDIBLE].

>> IT STATED [INAUDIBLE]. >> CAN WE MAKE A MOTION? >> [INAUDIBLE].

>> THAT'S OUR OPTION, DENY OR APPROVE. >> [INAUDIBLE].

>> -- DENIED IT WITHOUT PREJUDICE OR ALLOW IT TO GO BACK THROUGH WITHOUT THE SIX MONTH

WAITING PERIOD. >> ALL RIGHT. SO THEY WANT TO MAKE.

>> I'M PAYING A MOTION, MAYOR, MAKING A MOTION THAT WE DENY WITHOUT PREJUDICE.

>> SECOND. >> WE HAVE A MOTION WITHOUT PREJUDICE.

SECONDED. WE VOTE. THE MOTION PASSES 4-2.

[2020-434]

>> THANK YOU. >> OPEN TIM AGENDA 2020-434.

CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT (SUP) FOR A WATER WELL, RELATING TO THE USE AND DEVELOPMENT OF A +16.199-ACRE TRACT OF LAND ON LOT 1, BLOCK 1 OF THE MARK ON WALTER STEPHENSON (COMMONLY KNOWN AS 999 WALTER STEPHENSON ROAD), LOCATED IN PLANNED DEVELOPMENT DISTRICT NO.

42 (PD-42) (CASE NO. SUP03-2021-05). . >> THANK YOU.

[01:30:05]

THEY HAVE SUBMITTED A REQUEST TO THE -- CONSERVATION DISTRICT AND APPROVED IT.

THE [INAUDIBLE] STAFF DOES RECOMMEND APPROVAL. I CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> [INAUDIBLE]. >> WHAT WAS THAT?

>> WHERE IS THE WELL GOING TO BE? >> NEAR THE RETENTION, ON THE

REAR OF THE PROPERTY. >> MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

>> WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING. >> SECOND IT.

>> SECOND AND THIRD VOTE. >> CLOSE IT. CLOSED BY 6-0.

COUNCIL, QUESTIONS? >> HOW BIG DOES THE WELL NEED TO BE?

>> THEY'VE GIVE ME ALL THE REQUIREMENTS FOR THE GRAND PRAIRIE, ALL OF THE [INAUDIBLE].

>> THE STATE'S ALREADY APPROVED THEIR. >> THEY ALREADY HAVE THE PERMIT

APPROVED BASEDOFF OF CONDITIONED UPON THIS. >> THEY DON'T HAVE TO GET GOOD WATER. THEY CAN GET SALTY WATER. OKAY.

THANK YOU. >> GENTLEMEN, DO WE HAVE A MOTION?

>> YES. >> SECONDED? >> WE VOTE.

EVERYBODY VOTE. PASSES 6-0. OPEN ITEM.

[2020-435]

>> THIS HAS BEEN WITHDRAWN. 435 HAS BEEN WITHDRAWN. THANK YOU.

[2020-436]

>> THANK YOU VERY MUCH, MAYOR. >> THE ROUGHLY FIVE-ACRE PROPERTY IS LOCATED OFF MCAL PIN ROAD, NEAR SWEETWATER DRIVE AND ZONED AGRICULTURE. THE PROPOSED ANIMAL TRAINING USE IS LIMITED TO ONLY SIX DOGS DURING A TRAINING SESSION. THE APPLICANT STATED THAT THE TRAINING DOES INVOLVE SIT DETECTION FOR COMPETITION AND FOR PROFESSIONAL PURPOSES.

THE OWNERS WILL BE PRESENT AT ALL TIMES. TRAINING WILL OCCUR AT THE REAR OF THE PROPERTY, INDOORS AND OUTDOORS. THE INDOOR TRAINING OCCURS WITHIN A 2,000 SQUARE FOOT METAL BUILDING PRIST EXHIBITING PRIOR TO WHEN THE CITY ANNEXED THIS YEAR. THE STRUCTURE IS ALSO ABOUT 230 FEET AWAY FROM THE NEAREST RESIDENTS. SIX ANIMALS WILL ONLY BE TRAINED AT ONE TIME.

THE MAXIMUM VEHICLES SIX. SIX PARKING SPACES WILL BE PROVIDED AND LOCATED BEHIND THE METAL BUILDING TOWARDS THE REAR OF THE PROPERTY. THE ENTIRE PROPERTY IS FENCED MOST WITH PIPE HORSE FENCING. THIS SLIDE SHOWS THERE'S AN EXISTING PRIVACY FENCE ON THE FRONT SIDE. THIS IS A WOOD PRIVACY FENCE NEAR THE RESIDENTIAL HOME.

THE APPLICANT STATED THE TRAINING WILL NOT OCCUR EVERY DAY, PURELY OCCASIONALLY, AND THERE IS NO PROPOSED SIGNAGE FOR THIS FUTURE USE. 19 LETTERS TO PROPERTY OBSERVERS WITHIN 200 FEET WERE MAILED. TODAY STAFF HAS NOT RECEIVED RESPONSE FROM THE SURROUNDING OWNERS. WE RECEIVED MULTIPLE LETTERS IN SUPPORT BUT THEY FELL OUTSIDE THAT 200-FOOT BUFFER. SINCE THE TRAINING WILL BE ON FIVE ACRES, LIMITED TO SIX ANIMALS. THE SITE IS WELL OVER 200 FEET AWAY FROM ANY EXISTING HOME.

WE FEEL THE IMPACT WILL BE MINIMAL. THE STAFF RECOMMENDED APPROVAL.

THE EXHIBIT LAST MONTH, NOVEMBER 17, THEY EWE NEUME NEWSILY RECOMMENDED APPROVAL AT THEIR LAST MEETING. WITH THAT I CAN STAND FOR QUESTIONS.

[01:35:02]

>> I JUST HAVE ONE QUICK UNRELATED QUESTION. WHEN DOES THIS PROPERTY ANNEX

INTO THE CITY? >> THIS WOULD HAVE ACTUALLY OCCURRED DURING THE 2017

THREE-YEAR ANNEXATION. >> FIVE-ACRE TRACK PREANNEX ALLOWED HOW MANY ANIMALS.

>> THAT WOULD HAVE BEEN OUTSIDE THE CITY. COMES WITH THAT.

>> IT DOES. >> ARE WE LIMITING A PREVIOUSLY NONCONFORMING USE PROPERTY TO A

CONFORMING STATUTE. >> NO. THAT WASN'T USED AS SUCH BEFORE.

>> OKAY. THANK YOU. >> THE ANIMALS, WERE THEY

KENNELED THERE OR THEY ARE ONLY IN THE DAYTIME. >> ONLY IN THE DAYTIME.

I KNOW THE APPLICANT IS HERE AND COULD PROBABLY SPEAK TO MORE DETAIL.

MY UNDERSTANDING AGAIN IS THAT IF THEY ARE IN CAGE -- IF THERE'S ANY CAGES ON SITE THEY ARE STRICTLY LEFT INSIDE BUT THEY WON'T BEACONNALLING ANIMALS LIKE FOR AN EXTENDED AMOUNT OF

TIME OR ANYTHING LIKE THAT, BOARDING. >> BOARDING, YES, THANK YOU.

>> YES, SIR. >> THE EXISTING METAL BUILDING NOW -- IT'S AN EXISTING METAL

BUILDING? >> ABSOLUTELY. THE 2,000 SQUARE FOOT BUILDING EXISTING PRIOR TO ANNEX. THERE'S SOME INSTALLATION THAT WAS INSTALLED IN THE BUILDING AS WELL BUT I DON'T BELIEVE THE ENTIRE BUILDING IS FULLY INSULATED.

>> YOU GAVE A PRESENTATION OF PNZ. HOW ABOUT WE LET HER TALK ABOUT IT. SHE DOES AMAZING STUFF. I WAS SITTING IN THE BACK ROW

WATCHING HER. >> COME UP, PLEASE. NAME AND I GUESS WE KNOW WHERE

YOU LIVE. >> I'M CAROLINE ALDMAN. THANK YOU.

DO YOU WANT TO START WITH QUESTIONS OR A QUICK SA OPEN BUSINESS FIRST.

>> YOU GO FIRST. >> I'VE BEEN TRAINING AND COMPETING WITH CANINES, DOGS, SINCE 2004. COMPETITIVE OBEDIENCE, IN 2013 I DIPPED MY FOOT INTO SCENT DETECTION AND I HAD A GREAT DOG THAT TAUGHT ME MORE THAN ANY HUMAN COULD.

I STARTED GETTING INTO EDUCATION AND GOT UNDERNEATH ALL THE TEACHERS I COULD AS FAR AS SEARCH AND RESCUE, NARCOTICS, FIREARMS, ANYWHERE I COULD LEARN ABOUT IT.

MEANWHILE I WAS COMPETING WITH THAT DOG, PLUS TWO MORE, AND WE EXCEL AT THE SPORT.

I STARTED TEACHING IN 2016. ALL MY STUDENTS EXCEL AT THE SPORT, AND I'LL TAKE ON ANY BREED OF ANY BACKGROUND AND ANY HANDLER BACKGROUND. I CAN JUST FIGURE OUT HOW TO MAKE IT WORK FOR ANY CANINE AND HANDLER TEAM. I DO PROFESSIONAL WORK ALSO FOR ELLIS COUNTY, DAVID BOWL, THE ASSISTANT FIRE MARSHAL COMES TO ME FOR TRAINING EACH WEEK TO TRAIN A NEW FIREARMS -- EXCELLENT DOG WE HOPE TO GET TRAINED.

WE IMPRINTED AND HANDLING AND SEARCH TECHNIQUE. THIS IS THE TYPE OF THING THAT'S BENEFICIAL FOR THE PEP DOG. A LOT OF COMMON PROBLEMS WITH PET DOGS ARE RUNNING AWAY, DIGGING OUT, JUMPING FENCES, DESTRUCTIVE-TYPE BEHAVIORS. THESE DOGS THAT COME TO ME ARE TOTALLY EXHAUSTED BY THE END OF THEIR SESSION BECAUSE NOT ONLY DOES IT USE PHYSICAL ENERGY, BUT IT'S LIKE DOING CALCULUS AND RUNNING A MARATHON AT THE SAME TIME, IF YOU WANTED TO DO THAT YOURSELF. THAT'S WHAT IT'S LIKE FOR THE DOG.

IT TOTALLY EXHAUSTS THE DOG AND THE DOG GOES HOME AND CRASHES AND NO BEHAVIOR PROBLEMS. THE PEOPLE ARE VERY, VERY CONGRESS SEE ENIOUS AND CLEAN. CONSCIENTIOUS AND CLEAN.

THEY DON'T LEAVE ANY WAIST. I HAVE A SPECIFIED PLACE FOR WASTE.

THIS IS NOT A BARKING-TYPE SPORT, LIKE DOT DIVING OR BITE WORK OR SOMETHING ELSEWHERE THE DOG GETS APARTMENTED UP WHICH MAKES NOISE AND WOULD DISTURB MY NEIGHBORS.

THIS IS A NEIGHBORHOOD. THIS IS MY HOME. I'M NOT GOING TO DO ANYTHING THAT UPSETS THE PEOPLE THAT SURROUND ME. THIS IS A QUIET SPORTSWEAR THE DOG IS SNIFFING AND THEN COMMUNICATES TO THE HANDLER WHEN THEY HAVE FOUND THE CORRECT

PLACE. WHAT ELSE CAN I TELL YOU? >> DID YOU RECENTLY BUY THIS

HOUSE? >> WE DID. WE HAVE BEEN HERE SEVEN WEEKS

AND WE LOVED IT HERE. THE NEIGHBORS ARE GREAT. >> I KNEW YOUR PREVIOUS OWNER AND THEY USED TO RUN PIGS IN THEIR BACKYARD SO THE NEIGHBORS MIGHT PREFER THE DOGS.

>> IT'S A LOT CLEANER. ALL WE HAVE DONE AS MY HANDS CAN PROVE IS CLEAN SINCE WE'VE BEEN

[01:40:07]

>> THE DOGS WILL SMELL BETTER THAN THE PIGS? >> YES.

FROM HEAD TO TOE. >> ANYTHING ELSE. >> NO.

>> THANK YOU. >> A MOTION TO CLOSE. >> I MAKE A MOTION TO CLOSE THE

PUBLIC HEARING. >> SECOND. ITEM, CLOSED, 60.

>> GENTLEMEN? >> MOTION TO APPROVE. >> THE ITEM PASSES 6-0.

WELCOME TO MIDLOTHIAN BY THE WAY. >> ONE OF THE MISSION PROBLEMS [INAUDIBLE] AND HE'S A FABULOUS ASSET TO THE CITY. HE'S BEEN SO, SO HELPFUL AND PATIENT WITH ME ANSWERING ALL OF MY QUESTIONS TO THE TENTH DEGREE.

>> ALL RIGHT. >> [INAUDIBLE]. >> IT'S GOT TO BE OUR FIRE

CHIEF. >> OPEN ITEM 2020-438. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT (SUP) TO ALLOW FOR A VETERINARY/SMALL ANIMAL CLINIC (NO OUTSIDE PENS) AND/OR ANIMAL EMERGENCY ROOM RELATING TO THE USE AND DEVELOPMENT OF +.7214 ACRES OF LAND, BEING LOT 3RR ROARK ADDITION, CITY OF MIDLOTHIAN, ELLIS COUNTY, AND PRESENTLY ZONED COMMUNITY RETAIL (CR) DISTRICT (OR COMMERCIAL (C) IF PRIOR CASE IS APPROVED) TO BE USED FOR NON-RESIDENTIAL USES. THE PROPERTY IS LOCATED AT 1507 NORTH U.S. HIGHWAY 67 (CASE NO. SUP01-2021-02).

>> I WANT TO MAKE SURE WE OPEN THE RIGHT ITEM. I THINK YOU SAID 438.

SHOULD BE 4,371ST. >> 37. THE ZONING ONE FIRST.

>> OKAY. I'VE OPENED 438, HAVEN'T I? >> YES.

>> WE'LL DO 438. I TOOK NOTES ON 437. PARDON.

TRENT, CAN YOU DO 438? >> I THINK WE CAN DO 438. >> YEAH.

>> THAT'S FINE. >> YOU NEED THE ZONING FIRST. >> THEY'RE BOTH CONNECTED.

[2020-437]

>> I HAVE IT. >> STARTING OVER. OPEN ITEM 2020-437.

CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE CHANGING THE ZONING OF +.7214 ACRES OF LAND, BEING LOT 3RR, ROARK ADDITION, CITY OF MIDLOTHIAN, ELLIS COUNTY, FROM COMMUNITY RETAIL (CR) DISTRICT TO COMMERCIAL (C) DISTRICT. THE PROPERTY IS LOCATED AT 1507 NORTH U.S. HIGHWAY 67 (CASE NO. Z01-2021-03). 2020-438 CONDUCT A PUBLIC

HEARING AND . >> THE SUBJECT PROPERTY IS LOCATED OFF HIGHWAY -- BRIDGE WAY DRIVE. THE CASE CONCISE A 300-FOOT BUILDING, CONSTRUCTED BACK IN 2016. STRIKE PARKING EXISTS ON THE PROPERTY.

DRIVEWAY ACCESS ALREADY EXISTS ON THE PROPERTY. THE APPLICANT PLANS TO OPEN A VET CLINIC AT THIS LOCATION BUT CURRENTLY VET COMMUNITIES ARE NOT PERMITTED IN COMMUNITY RETAIL DISTRICTS. IF THIS PROPERTY IS REZONED TO COMMERCIAL THAT CLINIC WOULD BE PERMITTED IF AN SUP IS APPROVED BY THE CITY COUNCIL. THE CASE FOLLOWING THIS WITH WILL OBVIOUSLY OUTLINE THE DETAILS OF THE SUP REQUEST. ON THE SCREEN, THE SUBJECT PROPERTY IS SURROUNDED BY COMMERCIAL DISTRICTS. TO THE NORTH, A CONTRACTOR'S SHOP. THE PLAN SHOWS THE PROPERTY FALLS WHEN THE LOW DENSITY MODULE, TYPICALLY CALLING FOR SMALL LOTS, SINGLE FAMILY HOMES AND DUPLEXES.

THE PLAN STATES SMALL-SCALED COMMERCIAL USES SHOULD BE ENCOURAGED WITHIN THIS PARTICULAR MODULE. STAFF BELIEVES THE USE OF USE IS COMPATIBLE WITH THE SURROUNDING AREAS AND EXISTING BUSINESSES. WE SENT TEN LETTERS TO PROPERTY OWNERS WITHIN 200 FEET.

STAFF HAS NOT RECEIVED RESPONSE FOR OR AGAINST. ON THE 17TH OF LAST MONTH THE PLANNING ZONE COMMISSION RECOMMENDED UNANIMOUSLY TO APPROVE THE REZONE WITH AS

PRESENTED. WITH THAT I CAN TAKE QUESTIONS. >> QUESTIONS?

>> MOVE FOR THE MOTION. >> SECOND. >> MOTION.

VOTE. THE ITEM IS CLOSED. >> WE HAVE NO ISSUES.

>> GOOD PLACE FOR A VET. >> MOTION, PLEASE. >> I'LL MAKE THE MOTION TO

[01:45:01]

[2020-438]

>> 2020-438. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT (SUP) TO ALLOW FOR A VETERINARY/SMALL ANIMAL CLINIC (NO OUTSIDE PENS) AND/OR ANIMAL EMERGENCY ROOM RELATING TO THE USE AND DEVELOPMENT OF +.7214 ACRES OF LAND, BEING LOT 3RR ROARK ADDITION, CITY OF MIDLOTHIAN, ELLIS COUNTY, AND PRESENTLY ZONED COMMUNITY RETAIL (CR) DISTRICT (OR COMMERCIAL (C) IF PRIOR CASE IS APPROVED) TO BE USED FOR NON-RESIDENTIAL USES. THE PROPERTY IS LOCATED AT 1507 NORTH U.S. HIGHWAY 67 (CASE NO. SUP01-2021-02).

>> THE APPLICANT IS REQUESTING THE APPROVAL OF AN SUP THROUGH THIS PROCESS.

HERE'S AN IMAGE OF THE EXISTING BUILDING. THE PROPERTY IS ALREADY LANDSCAPED AND STRIKED FOR PARKING AND FIRE LANES. THEY I WILL OPERATE 24 HOURS A DAY, SEVEN DAYS A WEEK. IT'S GOING TO BE OPEN ON HOLIDAYS TOO.

THE APPLICANT STATED ALL ANIMALS WILL BE CONTAINED WITHIN THE FACILITY AT ALL TIMES ONLY GOING WITHIN THE FENCED AREAS AS YOU CAN SEE ON THE SCREEN HERE FOR SUPERVISED WALKS AND VISITATION.

THE CLINIC WILL NOT BOARD ANY ANIMALS, ONLY ANIMALS UNDER THE HOSPITAL'S CARE MAY ACTUALLY STAY ON THE PROPERTY. THE APPLICANT PLANS TO EXPAND THE BUILDING BY 722 SQUARE FEET THIS EXPANSION WILL MAINTAIN THE SAME FACADE ONCE CONSTRUCTION IS COMPLETED.

IT WILL TRIGGERS THE NEED FOR TWO ADDITIONAL PARKING SPACES IN ORDER TO MEET OUR CURRENT PARKING REQUIREMENTS. AS STATED PREVIOUSLY THE PLAN SHOWS THE PROPERTY IS WITHIN THAT URBAN MODULE SO STAFF FEELS THIS USE IS VERY COMPATIBLE WITH THE MODULE.

AGAIN, TEN LETTERS WENT OUT WITHIN 200 FEET AND STAFF DID NOT RECEIVE ANY WRITTEN RESPONSES FOR OR AGAINST. LAST MONTH THE PLANNING AND ZONING COMMISSION UNANIMOUSLY AWITH THE CONDITION THAT TWO PARKING SPACES BE ADDED. WITH THAT I'LL STAND FOR

QUESTIONS. >> DOES STAFF AGREE WITH THAT RECOMMENDATION OF ADDING TWO

SPACES? >> YES, SIR. >> THE ADDITIONAL 700 SQUARE

FEET MUST HAVE A PARTICULAR USE. WHAT WAS THE MOTIVATION? >> THIS AREA HERE SHOWN IN GREEN, THIS IS THE PROPOSED 722 SQUARE FEET. THIS IS WHERE WE HAVE LABELED CANINE WARD CAT WARD, THE TRIAGE. THIS SHOWS THE EXAM ROOMS AND LAB AND DOCTOR OFFICES AND THE NURSING STATION AND THE ICU, SURGERY AND PREP.

>> A MOTION TO APPROVE. >> YES. >> THE MOTION TO CLOSE, APPROVE,

PLEASE NOTE. >> WE HAVE NOT CLOSED IT YET. >> I VOTED.

>> I VOTED. >> WE CLOSE 6-0. ANY COMMENTS OR A MOTION?

>> MOTION TO APPROVE. >> SECOND. >> PLEASE VOTE.

IT'S A SLED DOG EFFECT. THE ITEM PASSES 6-0. OPEN ITEM 2020-439.

[2020-439]

>> ANY RESTAURANT OVER 1,000 SQUARE FEET REQUIRES A SPECIFIC USE PERMIT.

THEY ARE REQUESTING TO OPEN UP [INAUDIBLE] TWISTED SISTER, A PIZZA RESTAURANT, OLD PIZZA STRUCTURE. THEY'RE NOT CHANGING THE FACADE. THEY ARE REQUESTING TO CHANGE OUT THE EXISTING REMAX SIGN WITH A NEW SIGN THAT IS OF SIMILAR SIZE AND WON'T EXCISE THE SQUARE FOOTAGE. STAFF RECOMMENDS APPROVAL ESPECIALLY TO THE DOWNTOWN MASTER PLAN. THIS IS WHAT WE'RE ENCOURAGING IN THE REFILL DEVELOPMENT.

AND [INAUDIBLE]. I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> QUICK QUESTION. >> THE REMAX CHANNEL BLOCK LETTERS ON THE FRONT OF THE

BUILDING, DO THEY STAY OR GO? >> THEY WILL BE STAYING THERE. THEY'LL BE ACTUALLY MOVING

[01:50:04]

>> GO BACK IN THE SLIDES THEN. AND THE [INAUDIBLE]. >> REMAX SIGN AND THIS TAKES ITS

PLACE? >> YES, SIR. >> AND THIS -- THIS FITS THE

TENURE OF THE DOWNTOWN? >> CORRECT. YES.

>> AND THIS FALLS WITHIN THE SIGN ORDINANCE, THE TOUGHEST SIGN ORDINANCE IN THE STATE?

>> YES, SIR. >> ONLY THING I'VE GOT TO SAY IS I HATE TO SEE THE REMAX SIGN GO.

>> A MOTION TO CLOSE? >> MOTION TO CLOSE PUBLIC HEARING.

>> SECOND. >> SECOND. PLEASE VOTE.

ITEM IS CLOSED. >> I WOULD MAKE A STATEMENT QUICK.

I THINK THIS IS A GREAT PROJECT. I AM GRATEFUL TO THE OWNERS OF THE BUILDING FOR I GUESS POTENTIALLY MOVING THEIR OFFICES OUT OF THE BUILDING OR UPSTAIRS IN ORDER TO BRING MORE NIGHTLIFE TO TOWN, TO BRING MORE ACTION TO TOWN. I'M EXCITED.

I THINK IT LAUNCHES INTO OUR DOWNTOWN MASTER PLAN. >> THE PIZZERIA IS DOWNSTAIRS

AND THE OFFICE IS UPSTAIRS? >> YES, SIR. I DON'T KNOW IF THEY ARE MOVING THE OFFICES COMPLETELY. ALL I KNOW IS THE PIZZA PLACE IS DOWNSTAIRS.

>> THIS IS A LITTLE BIT OFF THE CUFF, IS THERE SPACE ON THE BUILDING OR AUTHORITY TO MOVE IF THEY WANTED TO THE REMAX SIGN TO MAYBE THE BACK CORNER, NO LONGER FITTING THE BUILDING FOR SIGNAGE REQUIREMENTS. I HATE TO SEE IT GO. IT'S BEEN THERE A LONG TIME.

>> THIS PLACE? >> YES. >> THEY WOULDN'T BE ABLE TO HAVE

[INAUDIBLE]. >> I WAS JUST WONDERING. >> THERE'S NOTHING SAYING YOU

CAN'T PUT SOMETHING INSIDE TO ALLOW FOR THAT TO REMAIN. >> SO WHAT IS THE RULE FOR THE TOTAL VOLUME OF SIGNAGE WHEN YOU HAVE TWO COMPANIES HERE? IS IT FOR BUILDING?

>> THAT'S SOMETHING WE ARE -- ONE OF OUR -- WE ARE PROPOSING CHANGES, LOOKING AT THE DOWNTOWN, THIS IS A -- AND SO I THINK WE HAVE TO LOOK AT THE DOWNTOWN SIGNS AND -- TO ADDRESS THOSE TYPES. THAT IS SOMETHING THAT IS ON OUR LIST TO RE-LOOK AT.

>> ARE YOU GIVING A WAIVER UNTIL YOU DO THAT OR ARE THEY IN COMPLIANCE.

>> RIGHT NOW THEY WOULD BE IN COMPLIANCE BECAUSE THEY DON'T PLAN ON DOING ADDITIONAL SIGNAGE HERE. JUST CHANGING THIS. THAT WILL REMAIN.

>> THAT'S WHAT I WAS KIND OF GETTING AT. IT ADDS AN ARCHITECTURAL ELEMENT TO THE CLASSIC FACADES OF DOWNTOWN AND I HATE TO SEE ONE REPLACED WITH ANOTHER IF WE COULD LEGALLY MOVE IT. THAT BUILDING IS DEEP. CLARK WOULD PROBABLY KNOW HOW DEEP IT IS. I THINK IT WOULD GOOD ON THE BACK CORNER IF THE BUILDING

OWNER WILL BE WILLING TO DO IT AND DAMAGES IN THAT DIRECTION. >> PERHAPS TWO SIGNS, PROBABLY

COULD GET APPROVED. >> THE SIGNAGE ORDINANCES AND THE CENTRAL BUSINESS DISTRICT,

THEY ARE NOT DIFFERENT? >> THEY DO HAVE DIFFERENCES. WHEN WE DID THE MAJOR SIGN BACK IN 2018, WE TOUCHED ONLY A LITTLE BIT ON DOWNTOWN. THERE'S THINGS ALLOWED IN THE DOWNTOWN AND NOT ALLOWED EVERYWHERE ELSE, HOWEVER AS THE DOWNTOWN CONTINUES TO GROW, YOU KNOW, YOU HAVE THE -- DOWN IN SOUTHERN [INAUDIBLE] HOW USE IT THE SIGNAGE, DIFFERENT FROM US. WE'VE BEEN LOOKING AT WITH STAFF IS HOW DO WE IMPROVE THE

DOWNTOWN SIGNAGE, MORE TO A HISTORICAL NATURE. >> WHEN WE WERE TALKING ABOUT THE SIGN A COUPLE OF YEARS AGO WE WEREN'T ALWAYS GOING TO LET THE DOWNTOWN HAVE MORE LEEWAY AS FAR AS TO MAKE SURE THEY STAYED IN A HEAD OF LIKE 663. GIVE A LITTLE MORE LEEWAY FOR THIS SIGN TO BE THERE AND MAYBE FOR LIKE WALTER WAS SAYING, PUT THE.

>> OUR CURRENT ORDNANCE DOWNTOWN WOULD ALLOW FOR THESE TYPES OF SIGNS TO BE IN PLACE WHERE

OTHERS DON'T. >> LIKE FOR KROGER YOU COULDN'T PUT THAT SIGN, AS AN EXAMPLE.

>> RIGHT. >> BUT DOWNTOWN WE ALLOW IT. >> I COULDN'T ANSWER FOR

ADDITIONAL SIGNAGE. >> RIGHT. BUT THAT'S PART OF THE STUFF YOU

WANT TO LOOK AT. >> RIGHT. ONE OF THE THINGS WE WANT TO THE

[01:55:04]

LOOK AT. >> YES, SIR. PLEASE DO.

>> I HATE TO SEE IT GO. THE LOWER PICTURE ON THE LEFT, WHAT IS THAT?

>> THESE ARE MEASUREMENTS. >> OKAY. >> WHAT?

>> MEASUREMENTS OF THE WIDTH OF THE BUILDING. >> GENTLEMEN?

>> JUST TO BE CLEAR WAS THE REMAX RELOCATED? >> NO.

AS WRITTEN. AS WRITTEN. >> OKAY.

>> FROM MY PERSPECTIVE, JUST MAYBE AN APPROACH TO THE BUILDING OWNER IF THEY WANTED TO

DO. >> A MOTION. >> SECOND.

>> SECOND. >> A VOTE? PASSES 6-0.

[Executive Session (Part 2 of 2)]

>> . >> IT'S 7:34 P.M. AND COUNCIL IS BACK IN SESSION FROM THE EXECUTIVE SESSION. I OPEN ITEM 2020-454. 4 CONSIDER AND ACT UPON A

[2020-454]

MIDLOTHIAN BUSINESS PARK PLAT AND IMMEDIATE ADJACENT AREA.. >> DO WE HAVE A MOTION TO

APPROVE. >> SECOND. >> PLEASE VOTE.

THE ITEM PASSES 60. THAT CONCLUDES OUR ITEMS FOR TONIGHT.

SO THE COUNCIL AT 7:35 IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.