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[Call to Order, Invocation, and Pledge of Allegiance]

[00:00:07]

>> MAYOR: GOOD AFTERNOON. IT IS 6 P.M., JULY 26TH, I CALL THIS SESSION OF THE MIDLOTHIAN CITY COUNCIL TO ORDER.

PASTOR RICK DAVIS, THE FOUNDING DIRECTOR OF CHANGE OF GRACE WILD

US IN THE INVOCATION. >> ALL RIGHT.

LET'S PRAY, CAN WE? LORD GOD WE THANK YOU FOR THE GOODNESS OF THE DAY AND THE SWEETNESS OF THIS COMPANY.

THANK YOU FOR THESE FOLKS SITTING NOT OVER US BUT IN FRONT OF US TO LEAD US, THANK YOU FOR THEIR SACRIFICE, THANK YOU FOR THE WAY THEY LEAD THIS CITY. BLESS US OH, LORD, BLESS THEM AND KEEP THEM SAFE. WE THANK YOU FOR EACH OTHER, LORD, AS WE PRAY IN THIS HOUR IN CHRIST'S NAME, AMEN.

>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

[2022-302]

GLEAND ITEM 2022-302 PRESENTATION OF CERTIFICATES OF APPRECIATION TO ORGANIZATIONS THAT ASSISTED WITH THE APRIL 4, 2022 TORNADO EVENT. TANYA.

>> GOOD EVENING EVERYONE. I APPRECIATE EVERYBODY BEING HERE TODAY. FOR THOSE THAT DON'T KNOW, WE ACTUALLY HAD A TORNADO ON APRIL 4TH, WHICH CAUSED SOME DAMAGE REALLY ON THE WESTERN SIDE OF THE CITY, OFF OF 67, WYATT. WE DID HAVE RESIDENTS THAT SUSTAINED DAMAGES. WE HAD A SMALL SORT OF SMALL SCALE DISASTER RESPONSE AND SO WE WANT TO TAKE AN OPPORTUNITY TO BE ABLE TO RECOGNIZE TODAY EIGHT OF THE AGENCIES THAT ASSISTED OUR RESIDENTS WITH THEIR DAS RECOVERY.

SO MAYOR, IF YOU DON'T MIND COMING DOWN, WE WILL INTRODUCE A COUPLE AGENCIES AND THEN PROVIDE THEM A CERTIFICATE OF RECOGNITION, RECOGNIZING FOR THEIR EFFORTS.

SOME OF THEM PROVIDED MONETARY ASSISTANCE AND SOME CASE MANAGEMENT AND OTHER TYPE OF NEEDS DURING THE RECOVERY.

SO THE FIRST ONE WE HAVE IS THE AMERICAN RED CROSS.

SO THE RED CROSS, THEY PROVIDED MONETARY ASSISTANCE.

THEY ALSO WERE ASSISTING WITH PUTTING PEOPLE IN HOTELS, THINGS LIKE THAT. REALLY THE CASE MANAGEMENT OF LONG-TERM RECOVERY.

THE CHURCH OF LATTER DAY SAINTS. THANK YOU, SIR, APPRECIATE YOU.

RESPONSE MINISTRY. THANK YOU, APPRECIATE YOUR WORK.

ROOM, ELLIS COUNTY LONG-TERM RECOVERY COMMITTEE.

SO WE WILL SAVE THIS FOR ELLIS COUNTY.

I WILL MAKE SURE THEY GET THAT. AND THEN I FORMALLY WANT TO RECOGNIZE, I KNOW HE IS NOT HERE TODAY, SPENDING TIME WITH HIS FAMILY, PASTOR BARRETT WITH CENTRAL BAPTIST CHURCH IN ITALY.

THEIR CHURCH HAD, BELIEVE IT NOTER, A TRACK HOE AND HE IS AN OPERATOR AND PULLED A LOT OF METAL OFF OF SOME OF OUR

[00:05:04]

RESIDENTS' ROOF TO MAKE THEIR HOME HABITABLE.

WE HAD A LOT OF METAL STUCK IN THE GROUND FROM THE TORNADO.

IT TOOK A TRACK HOE TO PULL THAT UP AND MAKE IT SAFE.

WE REALLY APPRECIATE HIS WORK. DO WE HAVE ANYBODY HERE IN THE SALVATION ARMY? SO DAWN DAWN SENT YOU, THAT'S SO AWESOME. STACEY, THANK YOU SO MUCH.

YOU WERE INSTRUMENTAL OF HANDLING CASE MANAGEMENT FOR THE FAMILIES IMPACTED BY THE TORNADO.

TURN AROUND WE WILL GET A PICTURE WITH THE MAYOR.

I WANT TO GIVE THIS TO YOU. THANK YOU.

TO COME. SO THE NEXT AGENCY IS THE TEXAS BAPTIST MEN. THESE GUYS WERE INSTRUMENTAL ON -- WE HAD SEVERAL LARGE TREES DOWN IN THE CITY AND WE HAD A LOT OF RESIDENTS THAT PHYSICALLY COULD NOT REMOVE THOSE TREES SO WE COULD NOT HAVE DONE IT WITHOUT TEXAS BAPTIST MEN.

WE WILL GIVE THAT TO YOU, SIR. IF YOU WANT TO TURN AROUND.

THANK YOU, APPRECIATE YOU. THANK YOU SO MUCH.

COME ON UP. THAT'S SO AWESOME.

UNITED WAY OF WEST ELLIS COUNTIES WAS INSTRUMENTAL TO ELLIS COUNTY LONG-TERM RECOVERY COMMITTEE WORKED WITH UNITED WAY TO HELP FUND RAISE. SO WE HAVE A LOT OF RESIDENTS, BELIEVE IT OR NOT, THAT DON'T HAVE HOMEOWNERS INSURANCE.

WHEN YOUR HOME IS AFFECTED BY TORNADO, THERE'S LOTS OF EXPENSES AND REPAIRS AND THINGS THAT NEED TO BE MADE.

WE DID HAVE SOME DONATIONS THAT WERE MADE FROM BOTH CORPORATE SPONSORS, INDUSTRY, RESIDENTS ALSO STEPPED UP AND DID THE DONATION. SO UNITED WAY HANDLED THAT TO HELP WITH THE CASE MANAGEMENT, THAT SORT OF THINGS FOR THE FAMILIES IMPACTED BY THE TOR TORNADO.

>> MAY I SAY ONE THING ABOUT TANYA'S EFFORTS.

WE WOULD BE REMISS WITHOUT SAYING THE RECOGNITION SHE IS GIVING TONIGHT IS THE EFFORT SHE PUT OUT IN THE OUTREACH, COMBINING AND GETTING ALL THESE RESOURCES PULLED TOGETHER FOR OUR RESIDENTS. FROM WATER LEAKS TO ACTIVE SHOOTERS, TANYA IS VERY, VERY ACTIVE IN HER ROLE AND TAKES IT SERIOUSLY. ONE OF THE BEST ASSETS WE HAVE BROUGHT ON THE LAST COUPLE YEARS.

I WANT TO REALLY ACKNOWLEDGE HER AND THE EFFORTS SHE IS PUTTING INTO OUR COMMUNITIES. YOU GUYS HAVE DONE A GREAT JOB BY BRINGING HER INTO THE COMMUNITY, THANK YOU FOR IT.

TANYA'S WORK IS EXCELLENT AND WE GREATLY APPRECIATE IT.

[2022-303]

ITEM 2022-303, PRESENTATION OF PROPOSED FISCAL YEAR 2022-2023 OPERATING BUDGETS FOR THE CITY OF MIDLOTHIAN GENERAL FUND AND

UTILITY FUND. >> THANK YOU, MAYOR, SO IN FRONT OF YOU, YOU SHOULD HAVE A BINDER WITH THE BUDGET PROPOSAL THAT WE WOULD BE GOING THROUGH -- IN MORE DETAIL OVER THE NEXT FEW WEEKS AND A MONTH. ULTIMATELY CULMINATING IN HOPEFULLY A SEPTEMBER 6TH APPROVAL.

BUT TONIGHT IS JUST KIND OF A HIGH LEVEL OF WHAT'S IN THE DOCUMENT. WE WILL GET INTO MORE DETAILS AT A LATER DATE. IF I CAN MAKE THIS THING WORK.

THERE WE GO. OKAY, SO SOME OF THE GOALS AND SOME OF THESE ARE VERY SIMILAR TO THINGS IN THE PAST, SOME OF THIS IS NOT NEW. BUT OUR PRIMARY GOALS HERE ARE TO MAINTAIN INFRASTRUCTURE AND OUR SERVICE LEVELS DESPITE HIGH GROWTH ENVIRONMENT WE FIND OURSELVES IN.

WE WANT TO MAINTAIN ADEQUATE FUND BALANCE TO SAFEGUARD CITY BOND RATING AND STABILIZATION SHOULD THE ECONOMY TAKE A TURN DOWN. WE WANT TO ASSURE OUR ASSUMPTIONS ARE CONSERVATIVE, TO KEEP OUR FINANCES STRONG.

WE WANT TO SUSTAIN THE EXECUTION OF THE VOTER-APPROVED BOND PROGRAM, AND THEN ALSO WE ARE MAINTAINING OUR CURRENT TAX RATE

[00:10:04]

OF 67.5 CENTS AS PROPOSED TO THE VOTERS.

OTHER PRIORITIES, AGAIN, ON THE BOND ISSUANCE, WE WANT TO ISSUE FOR THE CONSTRUCTION OF THE PUBLIC SAFETY BUILDING CITY HALL LIBRARY AND THE CONSTRUCTION OF WALNUT GROVE ROAD.

THEN WE HAVE GOT FUNDS IN THERE FOR ROAD REHABILITATION TO KEEP OUR SAFETY AND MAINTAIN INFRASTRUCTURE.

AND ONE OF THE BIG ITEMS THIS YEAR, WE WILL HEAR LATER ON IN THE MEETING, IS ENHANCE OUR INVESTMENT BY CITY STAFF BY LOOKING AT THE RECOMMENDATION OF THE COMPENSATION STUDY.

THIS WILL HELP US BOTH RETAIN OUR CREPT EMPLOYEES AND HOPEFULLY HELP WITH RECRUITMENT SO WE CAN STAY COMPETITIVE IN THE MARKET. RIGHT NOW WE ARE BASING OUR PROPERTY TAX BASE ON THE ESTIMATE FROM THE CHIEF APPRAISER WITH ELLIS COUNTY. THEY HAVE NOT CERTIFIED THE ROLL. WE THINK THAT WILL BE CERTIFIED HOPEFULLY THIS THURSDAY. SO RIGHT NOW THESE ARE ESTIMATED NUMBERS. SO RIGHT NOW ABOUT 10.87 PERCENT INCREASE IN THE PROPERTY TAX BASE.

THAT LAST YEAR WAS ABOUT 5.65. THAT CERTIFIED ESTIMATE WAS LITTLE OVER 5.5 BILLION IN TAXABLE VALUE AND CITY.

YOU CAN SEE A CHART HERE, JUST OUR HISTORICAL TREND AND CERTIFIED VALUES AGAIN. THAT 2022/23 NUMBER IS JUST AN ESTIMATE AT THIS POINT. BUT YOU CAN SEE THAT HAS FLUCTUATED FROM SINGLE DIGITS TO SOME HIGH DOUBLE DIGIT INCREASES OVER THE PAST TEN YEARS. SALES TAX, SO LAST YEAR, WE WERE STILL IN THE MIDST OF COVID AND WORRIED ABOUT WHAT THE ECONOMY WAS GOING TO DO. WE ACTUALLY HAD A SLIGHT DECLINE AND WILL BE BUDGETED FOR THIS CURRENT FISCAL YEAR WE HAVE IN.

HOWEVER, OUR SALES TAXES REMAIN STRONG AND SHOWING INCREASES THIS YEAR. AS A RESULT, WE SHOWING A BIG 25% INCREASE WHEN YOU LOOK AT LAST YEAR'S BUDGETED FIGURE VERSUS THE FIGURE THAT WE ARE BUDGETING FOR NEXT YEAR.

JUST BASED ON THE FACT THAT WE HAVE NOT SEEN THE DOWNTURN IN OUR LOCAL ECONOMY. SALES TAX CONTINUES TO REMAIN STRONG. SAME THING CAN BE SAID ABOUT BUILDING ACTIVITY. WE ARE NOT SEEING QUITE THE NUMBER OF NEW RESIDENTIAL HOMES THIS YEAR THAT WE SAW LAST YEAR, IT IS STILL ROBUST ACTIVITY, NOT LESS, AND WE THINK THAT THAT WILL CONTINUE AS SOME OF THESE NEW DEVELOPMENTS CONTINUE TO BE PUT ON THE GROUND. AND THEN WE ALSO SEEING SOME NONRESIDENTIAL GROWTH THAT'S HELPING WITH THIS BUILDING RELATED ACTIVITY. SO GOING TO THE GENERAL FUND, LOOKING AT AN OVERVIEW, THIS IS JUST FROM THE REVENUE SIDE.

YOU LOOK AT REVENUES RIGHT NOW THAT WE ARE PROPOSING, LITTLE OVER $45 MILLION, WHICH IS ABOUT A 12.7% INCREASE OVER LAST YEAR.

THIS IS JUST A HISTORICAL LOOK AT WHERE GENERAL FUND REVENUES HAVE BEEN OVER THE LAST FIVE, SIX YEARS.

BY CATEGORY, YOU WILL SEE THERE ARE TAXES, LITTLE OVER 32 MILLION. PERMITS 2.3.

INTERGOVERNMENTAL, OUR OTHER ONE WE DEAL WITH OTHER ENTITIES LIKE CITY OF RED OAK OR MISD, THAT IS A LITTLE OVER 3 MILLION.

THEN CHARGES FOR SERVICE ARE THINGS LIKE AMBULANCE FEES, ET CETERA. FINES, THOSE ARE TYPICALLY, PRIMARILY MEDICAL AND OTHER REVENUES ARE AS LITTLE OVER 2.4.

TRANSFERS IS SLIGHTLY OVER 3 MILLION FOR TOTAL OF 45.4 MILLION IN TOTAL REVENUES WE ARE PROPOSING IN THE GENERAL FUND. THE EXPENDITURES, 47 MILLION.

I WANT TO POINT OUT -- YOU SEE A DECREASE IN THIS YEAR OVER THE PREVIOUS YEAR, 2021 ALSO HAT PHAD THEPURCHASE OF THE LAWSON .

SO AS FAR AS OUR BASE LEVEL OF EXPENDITURE, WE CONTINUE TO CLIMB YEAR OVER YEAR. AGAIN, BY CATEGORY, YOU WILL SEE PERSONNEL IS THE BIGGEST CHUNK OF OUR BUDGET.

AND WE ARE LOOKING AT A TOTAL LITTLE OVER 47 MILLION.

THAT 19% INCREASE AGAIN IS REFLECTIVE OF WHAT WE ARE ANTICIPATING AND RECOMMENDING FROM THE COMPENSATION STUDY ALONG WITH NEW PERSONNEL THAT WE ARE ADDING IN THIS FISCAL YEAR.

SO SOME SPECIFIC PRIORITIES, PROGRAMS. WE HAVE GOT ROAD REHABILITATION MONEY, APPROXIMATELY 1.5 MILLION. THAT'S IN ADDITION TO SIDEWALKS AND STREET MAINTENANCE THAT WE TRY TO KEEP RECURRING ANNUALLY.

[00:15:05]

AGAIN, THE RETENTION AND RECRUITMENT OF STAFF.

11% INCREASE JUST BASED ON COMPENSATION STUDY.

IN ADDITION TO THAT, WE WANT TO MAINTAIN THE STEP PLAN FOR PUBLIC SAFETY AND MERIT INCREASE FOR NONPUBLIC SAFETY EMPLOYEES TO BE COMPETITIVE. WHEN WE WERE LOOKING AT THIS MARKET STUDIES, YOU WILL HEAR LATER, LOOKING AT ALL OF THIS KIND OF BEING ENCOMPASSED. SO THE ADDITIONAL STEP AND MERIT INCREASES ARE AN IMPORTANT PART OF THAT STUDY TO KEEP US IN THE MARKET WITH OUR COMPETITIVE SET. FROM A PUBLIC SAFETY STANDPOINT, LOOKING AT THREE NEW FIRE CAPTAINS.

WHAT WE ARE TRYING TO DO IS BUILD UP TO THIS FULL STAFFING OF OUR LADDER TRUCK. SO WE CONTINUE TO ADD THESE POSITIONS. WE WANT TO FULLY STAFF THAT.

POLICE DEPARTMENT GOT EIGHT NEW POSITIONS PROPOSED.

THOSE INCLUDE THE TWO SROS, FIVE NEW POLICE OFFICERS AND QUARTER MASTER POSITION. QUARTER MASTER POSITION IS PROPOSED TO BE A NONSWORN POSITION.

THAT WILL ACTUALLY ADD ANOTHER SWORN POSITION BACK TO THE PATROL. IF WE ARE ABLE TO GET THAT. OBVIOUSLY, THE VEHICLES THAT GO ALONG WITH THOSE FOLKS AND THEN WHERE I WANT TO CONVERT ANIMAL SHELTER VEHICLE TO AN ACL TRUCK, ANIMAL CONTROL THAT CAN BE OUT IN THE FIELD TO HELP WITH THAT SERVICE.

WE HAVE TWO NEW POSITIONS LOOKING TO APPROVE, ASSISTANT DIRECTOR POSITION TO HELP HEATHER WITH A LOT OF THE PROJECTS THAT ARE GOING ON. THEN WE HAVE A COUPLE OF PROPOSED ENHANCEMENTS AT THE SPORTS PARK.

IT CONTINUES. SOME OF THIS IS CONTINUED FROM YEAR TO YEAR, TALKING ABOUT SERVERS AND SWITCHES.

WE ALSO NEED EXPANSION OF OUR STORAGE CAPABILITIES.

LOOKING AT REPLACING THE IPADS THAT YOU GUYS USE FOR YOUR WORK.

FIREWALL ENHANCEMENTS AND ALSO LOOKING TO ADD ANOTHER IT STAFF TO OUR PROGRAM. MOVING ON TO THE UTILITY FUND, TOTAL REVENUES OF LITTLE OVER 29 MILLION, THAT'S ABOUT 18.4% INCREASE. YOU CAN SEE THE HISTORY HERE FOR THE LAST SIX YEARS OR SO. OPERATIONS JUST FROM WATER REVENUE, UP ABOUT THREE AND A HALF PERCENT TO JUST UNDER 8.5 MILLION TOTAL FROM A WATER -- THIS IS WATER SALES.

THIS DOES IN THE INCLUDE OUR WHOLESALE CONTRACTS.

JUST RETAIL WATER SALES. SEWER OPERATIONS, REMEMBER OUR CITY, WE HAVE THREE WATER SUPPLIERS, SO WE DON'T SERVE ALL THE WATER IN THE CITY BUT WE DO GIVE MOST OF THE SEWER OPERATIONS, THAT NUMBER IS A LITTLE BIT HIGHER AT 10% INCREASE. TOTAL EXPENDITURES, ABOUT 38 MILLION. THIS DOES INCLUDE SOME FAIRLY SIGNIFICANT CAPITAL IMPROVEMENTS THAT WE WILL TALK ABOUT HERE IN JUST IN A MOMENT. BUT ROUGHLY 11% INCREASE IN OUR EXPENDITURES. SO THIS IS THE SUPPLEMENTAL REQUEST. LOOK AT THE VERY FIRST ONE, THAT'S OUR WATER TREATMENT PLANT EXPANSION, SO WE HAD MONEY IN THIS BUDGET AND THEN ALSO LOOKING AT THIS BUDGET TO COMPLETE THAT EXPANSION TO 24 MILLION.

WE MIGHT ALSO NEED TO LOOK AT ALTERNATIVE FUNDING, WHETHER THAT BE REVENUE BOND OR OTHER FUNDING SOURCES TO MAKE UP THE BALANCE OF THAT EXPANSION. BUT WE ARE BASICALLY TRYING TO DOUBLE OUR PLANNING CAPACITY FOR 12 MILLION TO 24 MILLION-GALLONS. THEN YOU CAN SEE THE LIST OF SOME OF THE OTHER PRIORITY PROJECTS THAT WE HAVE.

SO JUST KIND OF AS A RECAP, RIGHT NOW WE HAVE THE PROPOSED RATE OF 67.5. MAINTAIN OUR FUND BALANCES.

CONTINUED THE BOND PROGRAM. INCREASE OUR STAFFING LEVELS AND THEN TRY TO IMPLEMENT THE PROPOSED RECOMMENDATIONS FROM THE COMPENSATION STUDY. SO OBVIOUSLY WE ARE HERE TODAY, THIS IS THE VERY START OF THE BUDGET PROCESS.

WE HAVE A WORKSHOP SCHEDULED FOR THIS FRIDAY, THAT'S ALL-DAY WORKSHOP. WE WILL HAVE ANOTHER WORKSHOP SCHEDULED NEXT TUESDAY. I WOULD SAY THAT TIME COULD FLUCTUATE. WE STILL NEED TO WORK WITH COUNCIL SCHEDULE AND SEE IF THAT WILL BE AN EVENING OR IF WE WANT TO MOVE THAT TO A DIFFERENT TIME DURING THE DAY ON TUESDAY.

WE DO HAVE THE NEXT FRIDAY AUGUST 5TH BLOCKED OUT FOR THE ALL DAY WORKSHOP. THEN ON AUGUST 9TH, WHICH IS REGULARLY SCHEDULED MEETING, ALSO WORKSHOP, IS WHERE WE WILL ACTUALLY PROPOSE OFFICIALLY THE TAX RATE.

SO THERE WILL BE SOME VOTES THE COUNCIL NEEDS TO TAKE AT THAT TIME AND THEN WE HAVE SOME OTHER ADDITIONAL WORKSHOPS, IF NEEDED, ON THE 12TH AND 13TH. COME AUGUST 18TH IS WHEN WE HAVE

[00:20:02]

TO ACTUALLY PUBLISH THE CALCULATED NO NEW REVENUE VOTER APPROVAL TAX RATES FOR STATE REGULATIONS.

AND THEN AUGUST 23RD FIRST PUBLIC HEARING, SEPTEMBER 6 SECOND PUBLIC HEARING, AND THEN ACTUAL ADOPT THE OPERATING BUDGET, TAX RATE, ET CETERA. SO AGAIN, FIRST STEP TONIGHT, CULMINATING PER THE SCHEDULE ON SEPTEMBER 6TH TO ADOPT THE

BUDGET. >>> SO WITH THAT, THAT'S THE END OF MY PRESENTATION. AND LOOK FORWARD TO STARTING THE

BUDGET PROCESS ON FRIDAY. >> THANK YOU, CHRIS.

BEFORE COUNCIL COMMENTS OR QUESTIONS, WE DO HAVE ONE SPEAKER. ALYSSA HEALY.

NAME AND ADDRESS, THREE MINUTES. >> HELLO EVERYONE, I LIVE AT 418 MILL BEGAN DRIVE IN MIDLOTHIAN. THANK YOU VERY MUCH FOR GIVING ME THE OPPORTUNITY TO SPEAK WITH YOU TONIGHT.

I WANTED TO JUST REQUEST THAT WE CONSIDER LOOKING AT THE NO NEW REVENUE TAX RATE WHEN CREATING OUR BUDGET.

WE ARE FACING VERY DIFFICULT TIMES FINANCIALLY.

AND I THINK IF WE DON'T TIGHTEN OUR BELTS AS A CITY, LIKE WE ARE HAVING TO DO AS INDIVIDUALS, IT IS NOT GOING TO BE THE BEST FOR OUR CITY. EVEN IF IT IS JUST FOR A SHORT PERIOD OF TIME, MAYBE PAUSE THE NEW HIRES.

THERE ARE LARGE INDUSTRIES THAT HAVE CHOSEN TO STOP ANY GROWTH AND ANY NEW HIRES. I THINK WE SHOULD CONSIDER THAT AS AN OPTION FOR US. WE ARE -- I SO APPRECIATE YOUR FISCAL RESPONSIBILITY THAT YOU HAVE HAD FOR THE CITY.

I DID MIDLOTHIAN UNIVERSITY. I ALSO DID THE CITIZENS POLICE ACADEMY AND I HAVE TO SAY, IMMERSING MYSELF IN THOSE THINGS, I HAVE SEEN HOW LEAN AND MEAN WE RUN HERE IN MIDLOTHIAN.

AND I REALLY APPRECIATE IT. I THINK EVERYONE GIVES SO MUCH OF THEMSELVES. BUT I WOULD REALLY LIKE US TO MAYBE CONSIDER LOOKING AT A SIDE BY SIDE, WHAT DOES IT LOOK LIKE IF WE KEEP LAST YEAR'S TAX RATE, WHICH IS AN INCREASE TO US ALL, BECAUSE ALL OF OUR APPRAISE APPS WENT UP.

AND LOOK AT THE NO NEW REVENUE TAX RATE.

BECAUSE YOU ARE GOING TO GET, WITH ALL THAT GROWTH THAT YOU JUST PRESENTED, WE'RE GOING TO HAVE THAT NEXT YEAR.

AND WITH THE SALES TAX BEING SO MUCH MORE THAN WE EXPECTED, THAT 25%. LET'S LOOK AT THAT AND SEE IF WE CAN'T OFFSET AND BRING US DOWN TO THE NO NEW REVENUE TAX RATE.

ONE LAST THING IS, I SENT AN E-MAIL TO THE COUNCIL AND THE MAYOR AND I HEARD BACK FROM ONE PERSON.

SO JUST LET ME KNOW IF YOU CAN REACH OUT AND LET ME KNOW IF THERE IS A BETTER FORM OF COMMUNICATION THAT YOU WOULD PREFER. I GREATLY APPRECIATE IT.

I KNOW IF I GET REACHED OUT BY MY CLIENTS, IF I DON'T RESPOND THEY ARE NOT VERY HAPPY WITH ME. I JUST APPRECIATE THAT.

THANK YOU VERY MUCH. >> THANK YOU.

COUNCIL? DO YOU HAVE QUESTIONS OR COMMENTS AT THIS POINT? SO THANK YOU VERY MUCH.

I LOOK FORWARD TO, CHRIS, THANK YOU FOR THE PRESENTATION, I LOOKED FORWARD TO THE ACTIVITY. WE ARE MINDFUL, CITIZENS, PARDON ME ME IF I AM RUNNING HALF DAY OR DAY BEHIND ON MY E-MAIL THERE. IF YOU WILL FORGIVE ME.

[2022-304]

I DO READ THEM. 2022-304 CITIZENS TO BE HEARD.

THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY AT THIS POINT, WE HAVE NO ONE TO

[CONSENT AGENDA]

SPEAK AT THIS TIME. CONSENT AGENDA, ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. DO WE HAVE A MOTION, PLEASE.

>> MOVE TO APPROVE CONSENT. >> MOTION TO APPROVE.

[00:25:02]

IS THERE A SECOND? >> SECOND.

>> SECONDED, PLEASE VOTE. CONSENT AGENDA IS APPROVED 5-

[2022-310]

PUBLIC HEARINGS, 2022-310, CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF 2.526+ ACRES OF LAND BEING LOT 3, BLOCK 1 OF WOFFORD ADDITION, BY CHANGING THE ZONING FROM COMMERCIAL DISTRICT TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT NO.

158 FOR GENERAL PROFESSIONAL AND RESTAURANT USES.

THE PROPERTY IS GENERALLY LOCATED ON HIGHLANDER ROAD, EAST OF SILKEN CROSSING ROAD. COLBY.

>> THANK YOU, MAYOR, COUNCIL, AGAIN, THIS ITEM AGENDA ITEM 2022-310, CASE NO. Z34-2022-131.

HILL DEVELOPMENT ON HIGH LAUNDER.

LAUNDER. HIGHLANDER.PROPOSED URBAN VILLAD DEVELOPMENT. WE DO WANT TO NOTE THAT THE FUTURE LAND USE PLAN ZONING IS LISTED AS NEW TOWN MODULE FOR THE DEVELOPMENT. SO GOING OVER TO THE NEXT SLIDE, AS YOU SEE ALONG THE RIGHT-HAND SLIDE HERE, PAINTS CONCEPT LAYOUT OF WHAT THE BUILDINGS WILL LOOK LIKE ON THE LOT.

SO AGAIN GOING OVER TO THE LEFT, WE HAVE THE LAYOUT CONSISTS OF THREE LOTS BEING FOUR BUILDINGS CONSISTING OF RESTAURANT, OFFICE, PERSONAL SERVICE USES. IN ADDITION, THE LAST TWO BULLET POINTS, WE NOTE THE APPLICANT IS PROPOSING A BRIDGE CONNECTION ALONG THIS BRIDGE HERE AND UNION 28 IS WEST HERE.

ALSO THERE IS A PROPOSED SHARED PARKING AGREEMENT BETWEEN THE TWO. HOWEVER, REGARDING THOSE LAST NOTES, WE WILL LET THE APPLICANT SPEAK MORE IN DETAIL IN REFERENCE TO THAT. SO THESE NEXT FEW SLIDES WILL BREAK DOWN EACH OF THE LOTS AND BUILDINGS ON THOSE LOTS.

LOT ONE BEING OUTLINED IN BLUE HERE WILL CONSIST OF A PROPOSED RESTAURANT JUST OVER ONE ACRE BEING 3,500 SQUARE FOOT BUILDING WILL ALSO INCLUDE A PATIO SPACE AREA THERE.

WE DO ALSO WANT TO NOTE THAT OF THE THREE LOTS, LOT ONE WILL CONSIST OF A FLAGSHIP LOT. THIS IS LARGELY DUE TO THE APPLICANT WANTING TO KEEP IT AS A FEE SIMPLE LOT IN ADDITION TO THE PER CITY OF MIDLOTHIAN REGULATIONS, EACH LOT SHALL FACE ON TO A PUBLIC RIGHT-OF-WAY, WHICH IS WHY THE LAYOUT CONSISTS LIKE THAT. SO AGAIN, WE WILL LET THE APPLICANT SPEAK A LITTLE BIT MORE TO HIS REASON FOR THE LAYOUT OF THAT AS WELL. THOSE ARE THE PRIMARY REASONS.

MOVING ON TO LOT 2, WHICH CONSISTS OF ORANGE LOT HERE AT THE BOTTOM. THIS WILL CONSIST OF PROPOSED RESTAURANT JUST UNDER HALF ACRE. THIS WILL BE 4,500 SQUARE FOOT BUILDING WILL ALSO INCLUDE ROUGHLY 2500 SQUARE FOOT OF PATIO SPACE. LOT 3, WILL CONSIST OF TWO BUILDINGS, BUILDING ONE OUTLINED IN GREEN HERE WILL BE A PROPOSED PERSONAL SERVICE USE, JUST -- TOTAL LOT BEING JUST UNDER AN ACRE. .939 ACRES.

THE BUILDING CONSISTING OF 5,000 SQUARE FEET.

LASTLY, LOT 3, BUILDING TWO, OUTLINED IN PURPLE AT THE TOP RIGHT WILL CONSIST OF PROPOSED OFFICE SPACE BEING JUST AROUND 4,500 SQUARE FEET. SO THIS NEXT SLIDE DEPICTS DIMENSIONAL CHART FOR COMMERCIAL STANDARDS.

THOUGH WE UNDERSTAND THIS IS A PD, WE DO WANT TO MAKE COUNCIL AWARE OF ANY PROPOSED DEVIATIONS THAT THE APPLICANT IS REQUESTING. SO AGAIN, FOR LOT TWO AND LOT THREE, REGARDING LOT WIDTH, APPLICANT IS MEETING THAT.

HOWEVER, FOR LOT ONE, THE FLAGSHIP LOT THAT WE MENTIONED, THE APPLICANT IS NOT MEETING THAT AND AGAIN WE CAN LET THE APPLICANT SPEAK A LITTLE BIT MORE TO THE REASON FOR THAT LAYOUT. GOING DOWN TO MASONRY PERCENTAGE PROPOSAL. THE APPLICANT IS REQUESTING AROUND 30, 40% MASONRY WITH MATERIALS CONSISTING OF BRICK, STONE, METAL., DPI DUE TO THE AT NOT MEETING MINIMUM 90% FOR COMMERCIAL ZONING, WE DID WANT TO NOTE THAT.

HOWEVER, WE WANT TO NOTE THAT DUE TO THE LEGISLATIVE CHANGES BACK IN 2019, WE CAN'T REGULATE THAT.

HOWEVER, WE DID WANT TO MAKE COUNCILF THE PROPOSED DEVIATION BY THE. NEXT SLIDE DEPICTS PROPOSED LANDSCAPING. THE APPLICANT IS PROPOSING LIVE OAK TREES WITH THE ADDITION OF SHRUBS.

THIS IS SUBSEQUENT WITH THE CITY OF MIDLOTHIAN ZONING ORDINANCE REGULATIONS. AGAIN, THE APPLICANT IS PROPOSING MATERIALS SUCH AS BRICK, STONE, AS WELL AS METAL AND THIS NEXT SLIDE PRESENTS A COLORED RENDERING OF WHAT THAT

WOULD LOOK LIKE AS WELL. >>> THOUGH STAFF IS OKAY WITH

[00:30:05]

THE OVERALL DEVELOPMENT, ONE CONCERN WE DID HAVE, APPLICANT IS PROPOSING DUMPSTER HERE IN THIS LOCATION ON LOT 2, AND THAT STAFF IS SUGGESTING THAT THE APPLICANT RELOCATE THAT DUMPSTER SO IT IS OUT OF PUBLIC VIEW. THOUGH THE APPLICANT DID SAY HE WAS WILLING TO DO THAT, WE WANT TO STATE THAT FOR PRESENTATION PURPOSES. AND AT THE JUNE 21 PLANNING & ZONING MEET, 7-0 TO APPROVE THE DEVELOPMENT PROPOSAL PER STAFF COMMENTS. STAFF IS RECOMMENDING APPROVAL PER THE FOLLOWING COMMENTS. APPLICANT RELOCATE THE DUMPSTER.

IF THE ZONING REQUEST IS APPROVED TONIGHT BY COUNCIL, THAT THE APPLICANT BRING EACH LOT FOR SITE PLAN BACK TO P&Z AND COUNCIL FOR REVIEW. THAT CONCLUDES THE PRESENTATION

FOR THIS CASE. >> MAYOR: DOES THE APPLICANT

WISH TO SPEAK FIRST? >> GOOD EVENING COUNCIL, GREAT TO SEE YOU ALL AGAIN. SHANE TEAMSTER, MIDLOTHIAN, TEXAS. AND COLBY DID A GREAT JOB.

I DON'T HAVE A WHOLE LOT TO ADD OTHER THAN ANSWERING QUESTIONS.

ORIGINALLY WHEN I BROUGHT THIS TO STAFF, WE WERE GOING TO KEEP IT THE COMMERCIAL USE. THE UVPD BECAUSE OF THE MIXED USES SO WE WOULDN'T HAVE TO COME BACK FOR ANY ADDITIONAL SUP FOR THE RESTAURANT USE IN THE FUTURE.

WHICH WE AGREED WITH. THAT'S A GREAT IDEA.

WE ARE ASKING FOR THE TWO VARIANCES.

50-FOOT ON LOT ONE THAT COLBY MENTIONED VERSUS 125.

TO KEEP THAT FEE SIMPLE LOT, SO THAT THAT LAND CAN BE SOLD IN THE FUTURE. AND THEN THE DRIVEWAY SEPARATION WHICH I'M NOT SURE COLBY MENTIONED, WE ARE ASKING FOR 15E EXISTING DRIVEWAY BY ECB FOR NOVA AND US.

THEY ARE LESS IN MASONRY THAN THE CURRENT CODE BUT WIEWR WE AREMAKING THAT UP WITH METAL. MAJORITY OF THE BUILDING IS STONE AND BRICK. THE TOWER ELEMENTS ARE METAL PRODUCT. SO I THINK WE ARE STILL CONSISTENT WITH THE OVERALL URBAN FEEL.

AND OTHER THAN THAT, I'M GOING TO -- I HAVE MIKE HILL WITH ME WHO IS THE CURRENT PROPERTY OWNER.

HE IS ONE OF THE ONES THAT REGISTERED TO SPEAK.

HE WANTS TO COME UP, INTRODUCE HIMSELF AND LITTLE BIT ABOUT THE PROJECT. THEN I WILL HERE TO ANSWER ANY QUESTIONS. I WILL ADD ONE THING.

WE ARE NOT ASKING FOR A PARKING VARIANCE, BUT WE ARE CROSS-ACCESSED HERE. CROSS-ACCESS EASEMENT COMING IN OFF HIGHLANDER HERE. AND THEN ALL THIS PARKING WILL BE SHARED BETWEEN THE THREE LOTS.

HILANDER. >> HELLO, I WANTED TO GIVE YOU THE OVERVIEW. I HAVE A COUPLE FRIENDS WITH RESTAURANTS AND THEY WANT TO EXPAND.

I LIKE THE FEEL THE MISSION PARTS EAR -- [INAUDIBLE] PUTTING LIGHTS IN, HOPEFULLY HEAR MUSIC COMING FROM THE VENUE DOWN BELOW. WE ARE EXCITED ABOUT IT.

THE LOOK OF IT WILL BE LIKE THE TED VENTURES, MY BUILDING, MIDLOTHIAN SPORT AND SPINE, THAT KIND OF MODERN METAL, GREEN TEXAS KIND OF A LOOK. ANY QUESTIONS, I'M HERE TO ANSWER. I'M EXCITED TO TRY TO DO THIS

FOR THE CITY AND KEEP IT LOCAL. >> MAYOR: COUNCIL.

>> I HAVE A QUESTION FOR SHANE. DID YOU FIND A SOLUTION FOR THE

DUMPSTER ON LOT NO. 2? >> OH, THANKS, YES, I DID.

SO I WILL PROPOSE A NEW SITE PLAN.

WHAT WE'RE GOING TO DO -- IF I CAN FIND ONE THAT'S LARGE ENOUGH. SO THIS IS THE ONE THAT CAME UP IN P&Z, WHICH AGREED TO RELOCATE.

WE WILL TAKE THIS DUMPSTER, MAKE THIS INTO TWO PARKING STALLS SO WE ARE NOT LOSING PARKING SPACES AND MOVE IT BACK IN THIS AREA, HIDDEN BY THIS RESTAURANT BUILDING.

WE WILL RECESS IT IN A LITTLE BIT INTO THIS DRAIN AREA.

[00:35:03]

IT WILL BE HIDDEN BY THE FRONT BUILDING.

COLBY'S REQUEST, SITE SPECIFIC PLANS, I WOULD PREFER NOT TO DO THAT. THAT'S WHY WE THOUGHT WE WERE DOING THE PD IS TO GET THIS PLAN APPROVED WITH THESE USES AND THIS PARKING CONFIGURATION. OBVIOUSLY, WE WILL COME BACK WITH ENGINEERED DRAWINGS FOR PERMITTING REVIEW AND ALL OF THAT STUFF. FOR A SITE SPECIFIC PLAN, I WOULD ASK THAT WHEN YOU CONSIDER THIS, THAT WE CAN USE THIS AS THE SITE SPECIFIC PLAN. IF THAT'S POSSIBLE.

>> CLARK. YOU ARE MY GO-TO MAN HERE.

THANK YOU. COUNCIL, DO YOU HAVE QUESTIONS

WHILE WE ARE STILL OPEN? >> I GUESS A QUESTION OF STAFF.

WHAT WAS THE PURPOSE OF -- WHAT WAS THE EXPLANATION BEHIND ASKING THEM TO COME BACK? WHAT ADDED BENEFIT IS THAT FOR

THE CITY? >> YES, SIR.

SO SHANE YOU CAN CORRECT ME IF I AM WRONG, ORIGINALLY WHEN THIS PROCESS FIRST STARTED SEVERAL MONTHS BACK, THE ZONING IS COMMERCIAL RIGHT NOW. SO IN ORDER TO DO THESE MULTIPLE USES, WE SAID, HEY, IT WOULD MAKE MORE SENSE TO DO A PD.

YOU WILL HAVE TO KEEP COMING BACK.

THAT'S HOW WE GOT TO THE PD PROCESS.

HOWEVER, AS YOU GUYS KNOW, WITH SOME USES, SUCH AS RESTAURANTS AND THINGS LIKE THAT, WITHIN CERTAIN AREAS, IT MAY REQUIRE SPECIFIC USE PERMIT OR ANYTHING LIKE THAT.

ALSO TO BE CONSISTENT WITH HOW WE HAVE OPERATED IN THE PAST WITH OUR RECOMMENDATIONS, WE HAVE BEEN SAYING THAT WITH APPROVAL, WE SUGGEST THAT EACH LAYOUT COME BACK TO P&Z AND CITY COUNCIL FOR REVIEW SO THAT FACTORED INTO OUR

RECOMMENDATION. >> SO NO SPECIAL USE PERMIT

WOULD BE REQUIRED. >> THE PD WOULD ALLOW THE USES BY RIGHT. HOWEVER, AGAIN, IN THE PAST, WE STILL HAVE RECOMMENDED THAT P&Z AND COUNCIL SEE THE EXACT

LAYOUTS FOR EACH BUILDING. >> THANK YOU.

>> OUT OF CURIOSITY, ALL FOUR BUILDINGS ALL DESIGNED THE SAME?

THE DESIGN . >> [INAUDIBLE].

>> MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> I GUESS I HAVE ONE OTHER QUESTION. WE ARE TALKING ABOUT RESTAURANTS IN HERE, OVER A THOUSAND SQUARE FEET.

WOULD THIS APPROVE THE SUP FOR THAT BECAUSE IT IS IN THE PD.

DOES IT NOT APPROVE THE SUP? >> SO IT WOULD APPROVE -- STILL APPROVE THE USES AS-IS. HOWEVER, WE ARE STILL SUGGESTING THAT IT COME BACK TO YOU GUYS ANYWAY.

I GUESS IT WOULD STILL, EITHER WAY THROUGH THE PROCESS.

>> BUT THE COUNCIL CHOOSES NOT TO BRING THE DETAILED SITE PLAN, THEY GOT THEIR SUP TO DO THE RESTAURANT.

>> YES, SIR. TWO PROPOSED RESTAURANTS, YES,

SIR. >> [INAUDIBLE].

>> OKAY, SO BASICALLY, TYPICALLY WHAT HAPPENS WHEN A PD IS APPROVED, APPLICANT COMES BACK WHEN THEY DO ONE SIMPLE LOT, SO SAY THEY ARE DOING LOT 2, LOT 2, LOT 3, LOT 4, WHATEVER THEY ARE, EACH TIME THEY BRING A DETAILED SITE PLAN, ELEVATION, LANDSCAPE FOR THAT ONE CERTAIN LOT, ET CETERA, PARKING.

SO THE RAMIFICATIONS OF WHAT THEY ARE REQUESTING IS THEY WOULDN'T COME BACK UNLESS -- SO WHAT THEY ARE REQUESTING IS THEY WOULD NOT COME BACK FOR SIMPLE SITE PLAN APPROVAL, IF

[00:40:01]

EVERYTHING IS RIGHT AND HOLY WITHIN THE USE OF THAT ZONING DISTRICT, PD. PD COMMERCIAL.

BUT IF SOMETHING COMES OUTSIDE, SAY THEY WANT TO DO A DRIVE-THROUGH OR DO A CLEANERS WITH A DRIVE-THROUGH, SOMETHING LIKE THAT, THEY WOULD STILL HAVE TO COME BACK TO GET THE SPECIFIC USE PERMIT. THAT WOULD NOT BE TO APPROVE THE SITE PLAN. THAT WOULD BE FOR THE SPECIFIC USE PERMIT. WHAT THEY HAVE REQUESTED IS TWO RESTAURANT PADS ON THERE WITHOUT COMING BACK WITH SPECIFIC USE PERMIT. ANY TIME WE HAVE OVER A THOUSAND SQUARE FEET RESTAURANT, WE REQUIRE A SPECIFIC USE PERMIT.

WHAT THEY HAVE REQUESTED IN THEIR APPLICATION IS THEY WOULD LIKE TWO RESTAURANTS THAT WOULD NOT NEED TO COME BACK.

>> MADE I[INAUDIBLE]. >> IT IS UP TO STAFF TO DETERMINE IF THEY NEED D TO COME BACK.

>> IF THEY MEET COMPLIANCE WITHIN THE SITE PLAN, THEY DON'T

NEED TO COME BACK. >> STAFF -- OKAY.

COUNCIL? >> SOMEBODY CAN CORRECT ME, I FAIL TO SEE A NEED FOR THEM TO WOMAN BACK BEFORE THEY PRESENT THE SITE PLAN TODAY FOR ONE OR TWO MORE PADS.

I DON'T SEE THE BENEFIT -- >> I THINK THE OTHER SIDE OF THE ARGUMENT WOULD BE THAT THE USER, END USER COULD BE SOMETHING THAT YOU DON'T NECESSARILY WANT OR APPRECIATE OR PREFER.

WE ARE SEEING IT RIGHT NOW OVER -- I WON'T BRING THE CASE UP. IT IS TAKING PLACE RIGHT NOW WITH CERTAIN GOLDEN ARCHES RESTAURANT.

>> REMEMBER, IT IS NOT THE END USER THAT REGULATE.

>> HOW WOULD IT BE WORDED IN THE ORDINANCE, IF WE ARE APPROVING SITE PLAN, PASS TO THIS ORDINANCE, THEN THEY ARE THOUGHT GOING TO BUILD THE SITE PLAN BECAUSE THEY ARE -- WITH THE DUMPSTER, DOES THAT NOT CHANGE? [INAUDIBLE]

>> THAT'S WHY I ASKED ABOUT THE BUILDINGS EARLIER BECAUSE I BELIEVE, YA'LL CORRECT ME IF I AM WRONG, IF ONE OF THOSE OTHER THREE BUILDINGS CAME BACK SIGNIFICANTLY DIFFERENT FROM ARCHITECTURAL STANDPOINT, IT WOULD BE BACK IN HERE BECAUSE IT IS SUCH A SUBSTANTIAL CHANGE FROM WHAT THEY PRESENTED.

YA'LL WOULD NEED TO LOOK AT IT AGAIN.

SO THAT'S WHY I WAS ASKING SHANE, IF ALL THE BUILDINGS WERE

GOING TO LOOK THE SAME. >> OCCASIONALLY THERE COULD BE SOME JUDGMENT. BUT IT IS UP TO STAFF.

>> [INAUDIBLE]

THE DUMPSTER? >> AND THERE MAY BE WE CAN WORD

>> THERE ARE CERTAIN CLIENTS THAT WANT SOME OF THESE

[00:45:04]

BUILDINGS. IT IS A WAY TO STREAMLINE THE PROCESS, TO GET THIS PROPERTY DEVELOPED.

SO IF WE HAVE TO COME BACK TO P&Z AND COUNCIL, THAT'S JUST A 60-DAY DELAY OR SO IN GETTING PLANS IN PRODUCTION AND GETTING

IN FOR PERMITTING. >> AND THESE ARE CURRENT

BUSINESSES IN TOWN. >> I WILL LET MIKE SPEAK TO THAT IF HE WOULD LIKE TO. I'M NOT IN A POSITION TO GIVE

AWAY THAT INFORMATION. >> DON'T ANSWER.

THANKS, I APPRECIATE IT. I THINK BASED ON SHANE'S HISTORY WITH THIS COUNCIL, IN MY OPINION HE PUTS THE BEST INTEREST OF THE CITY AND VERY FLEXIBLE AND WILLING TO CHANGE THINGS.

I PERSONALLY HAVE FAITH IN HIM THAT IF WE ALLOW HIM -- IF WE APPROVE THIS AS HE PRESENTED, I THINK THAT HE WOULD WORK WITH CITY STAFF IN THE FUTURE. I DON'T HAVE ANY PROBLEM WITH IT. SO WE -- BASICALLY APPROVING IT WITH STAFF RECOMMENDATIONS EXCEPT FOR RECOMMENDATION FOR TWO, WHICH WOULD LET YOU AND STAFF ARGUE THE PLACEMENT OF THE

DUMPSTER ON LOT 2. >> AND NOT COME BACK.

BASICALLY ASKING FOR YOUR RECOMMENDATION WITHOUT NO. 2.

>> EXPAND WHAT CLYDE AND COLBY WERE SAYING, IF WE DO COME BACK WITH A DRIVE-THROUGH, IT HAS TO COME BACK TO YOU GUYS.

SOMETHING THAT IS CHANGING THIS, IT HAS TO COME BACK TO YOU

REGARDLESS. >> REMEMBER, I AM STILL LEARNING SO I NEED GRACE TO THIS QUESTION.

THE ONLY PART I AM GETTING HUNG UP, THE SUP.

IF NORMALLY WE WOULD HAVE A THOUSAND SQUARE FEET RESTAURANT COME IN, WOULD HAVE TO COME IN FOR A SUP.

ARE THERE REASONS THAT WE WOULD WANT SOMEONE TO GO THROUGH THAT PROCESS THAT WERE APPLYING FOR IT NOW? DO YOU SEE WHAT I'M SAYING? I'M LEARNING TO TRUST SUP PROCESS BUT IS THERE ANYTHING TO STOP, LIKE, A HOOTERS OR SOMETHING COMING IN BECAUSE LATER WE WOULD NORMALLY HAVE THE SUP PROCESS IN PLACE TO REVIEW A TYPE OF SITUATION LIKE THAT.

DO WE LOSE THAT HERE? >> THAT MIGHT BE A CLYDE OR

COLBY QUESTION. >> YOU LOSE THAT.

THEY CAN COME IN AND SAY THIS IS GOING TO BE A RESTAURANT THAT SERVES BURGERS AND WINGS, NEVER MENTION THE NAME.

>> BUT OUT OF THE NORM SITUATIONS T IS THE WHOLE REASON FOR HAVING A SUP PROCESS. I'M PRETTY CERTAIN THEY ARE NOT GOING TO BRING A LOOTERS IN. ARE WE LOSING ANYTHING THAT WE ARE WANTING TO P PROTECT LATER? AM THE NOT ALLOWED TO SAY THAT?

>> THAT'S EXACTLY THE REASON THEY HAVE IT.

>> [INAUDIBLE]. >> BUT THERE ARE SEXUALLY

ORIENTED SITUATIONS THAT ARE -- >> YEAH, BUT THOSE RESTAURANTS

DO NOT FALL IN THIS CATEGORY. >> SO THAT IS A SEPARATE SUP

THAT WOULD HAVE TO COME THROUGH. >> IF IT IS A SEXUALLY ORIENTED BUSINESS. YEAH, THAT'S A WHOLE ANOTHER REALM. I DON'T KNOW IF IT IS ALLOWED IN COMMERCIAL. .

>> SHE DOES BRING UP A GOODPOIN. IF WE PIT -- IF THEY ARE ALLOWED TO HAVE TWO RESTAURANT USES IN THE UVPD.

THAT'S FOR LIFE. IN COMING BACK.

>> REALLY, WHEN YOU GRANT SUPS, IF THERE IS NOT A

SIX-MONTH GAP -- >> THAT'S WHAT I'M ASKING.

WE LOSE THE SIX-MONTH GAP. >> BY RIGHT, FROM HERE ON OUT.

>> DOES IT MAKE SENSE TO SAY YOU DON'T HAVE TO COME BACK FOR THE SITE PLANS BUT FOR THE RESTAURANTS, FOR THEM TO GO THROUGH THE REGULAR SUP PROCESS? DOES THAT ACCOMPLISH YOUR TIMING? NO, THAT'S WHAT'S MESSING IT UP.

>> THAT WAS PART OF THE DISCUSSION I HAD WITH STAFF EARLY ON. STAFF WAS THE ONE THAT RECOMMENDED THE UVPD BECAUSE WE ARE PROPOSING MIXED USE.

SO IN THAT DISCUSSION, THROUGH THE DRC PROCESS, IT WAS, WELL, WE CAN HANDLE THIS STRAIGHT COMMERCIAL.

YOU DON'T HAVE TO GET A ZONING CHANGE, YOU HAVE TO COME BACK EACH TIME FOR A SUPERVISOR WITH THE TWO RESTAURANTS.

IF WE DO THE PD, BASICALLY, PROBABLY NOT THE CORRECT

[00:50:06]

TERMINOLOGY, WE CAN DO THE SUP UP FRONT AND ROLL IT INTO THE UVPD SO YOU DON'T HAVE TO COME BACK LATER.

>> SO IT IS LIKE WE'RE DOING THE SUP PROCESS NOW.

YET WE DON'T HAVE ALL THE INFORMATION.

>> YOU ARE JUST ALLOWING THE U USE.

I WOULD HAVE TO COME BACK -- WE WILL KEEP IT STRAIGHT ZONING, COMMERCIAL. OR WE WILL APPROVE THE PD, BUT IF IT IS A RESTAURANT USE, YOU HAVE TO COME BACK.

THAT'S KIND OF DEFEATING THE PURPOSE OF US CHANGING THE

ZONING ORIGINALLY. >> /KAY.

OKAY, SO IT IS LIKE WE ARE DOING THE SUP NOW?

>> EXCEPT FOR, NOT THAT YOU WOULD -- HE CAN GET THE PROPERTY

TITLED AND SELL IT. >> THAT WOULDN'T TRIGGER NOR

PANOTHERPROCESS TO COME BACK? >> THAT IS AFTER THE ZONING.

THAT IS AN ATTORNEY QUESTION, I GUESS.

>> I WILL SAY I'M NOT -- BELIEVE IT OR NOT, I AM IN SUPPORT OF THE PROJECT. OKAY, SO THE SUP, THEY ARE GOING TO COME BACK AND ASK FOR A RESTAURANT.

ALL WE ARE DOING, WE ARE BASICALLY SAYING, AS FAR AS OUR ZONING GOES, THAT SITE IS ALWAYS GOING TO HAVE TWO RESTAURANTS, UNLESS THEY COME IN AND ASK FOR SOMETHING ELSE.

>> WE NORMALLY -- [INAUDIBLE].

OKAY IN THAT LOCATION. SENSE OF WHAT YOU ARE DOING, RESTAURANT IS OKAY. I THINK AND COLBY AND CLYDE CAN CORRECT ME IF I AM WRONG, BUT SAY SIX MONTHS FROM NOW WE DECIDE, OKAY, IT IS NOT GOING TO BE TWO RESTAURANTS, IT IS GOING TO BE ONE ON LOT TWO. AND LOT ONE, MAYBE THAT IS GOING TO BE A RETAIL USER. I THINK THAT WOULD HAVE TO COME BACK. SO NEVER MIND.

>> SUP HAVE A TIME FRAME THAT THEY LAPSE.

IF THEY GET OUT OF USE FOR SO LONG.

NOT IN THIS ONE, BUT OTHERS WHERE WE PUT SOME TIME FRAMES.

>> PUT [INAUDIBLE] INVEST IN A RESTAURANT, FIVE YEARS, EIGHT YEARS. GOT TO GO.

>> ON THE TIME FRAMES, 18 MONTHS WITHOUT EVER BUILDING A RESTAURANT OR IT LAPSES, IT IS NOT A RESTAURANT FOR SIX MONTHS OR A YEAR, THEY LOSE IT. THAT'S MORE WHAT I WAS TALKING.

NOT PUTTING, OH, IN FIVE YEARS YOU LOSE YOUR ZONING AND RUNNING

AN ACTIVE RESTAURANT. >> THIS MAY HAVE NOTHING TO DO WITH COUNCIL, I HAVE A 16-YEAR-OLD DAUGHTER AND 19-YEAR-OLD, NO HOOTERS OR ANY OF THAT GOING IN.

I WILL TELL YOU THAT -- BECAUSE BOTH OF THEM ARE UNDER LEASE.

I CAN'T SAY NAMES. I CAN TELL YOU LOT ONE IS ONE OF MY BEST FRIENDS, OWNS A RESTAURANT RIGHT NOW IN TOWN FOR EIGHT YEARS. HE WANTED TO EXPAND.

THAT'S WHERE HE WANTS TO GO. THE BACK RIGHT BUILDING IS MY UNCLE, HE IS A BUILDER, HE WANTS THAT BUILDING FOR HIMSELF AND RENT IT OUT. THE FRONT BUILDING, WRA SAY, I CAN'T SAY,THEY HAVE BEEN IN BN TOWN FOR 15 YEARS.

YOU ARE TAKING MY WORD FOR IT. I CAN PROMISE YOU, NOTHING LIKE THAT GOING IN. NOT ON MY WATCHMEN WATCH.

ANYWAY, I WANTED TO ADDRESS THAT.

>> THANK YOU. >> JUST FOR THE RECORD, I DON'T KNOW WHY I AM ALL THE SUDDEN BRINGING UP HOOTERS.

I THINK IT IS GREAT WHAT YOU ARE TALKING ABOUT.

I'M JUST THINKING FOR WHAT THE PROCESS IS NORMALLY NOT HAPPENING HERE BY GOING THROUGH THIS.

I'M OFFICIALLY GOOD WITH IT. I'M JUST CLARIFYING.

>> PRESENTED STAFF RECOMMENDATION NO. 1 AND NOT NO. 2, WHICH MEANS THEY CAN WORK OUT THE DUMPSTER WITH STAFF AND DON'T HAVE TO

[00:55:01]

COME BACK TO US. >> I WILL SECOND THAT.

>> MAYOR: SO WE HAVE MOTION TO APPROVE AS PRESENTED WITH STAFF RECOMMENDATION NO. 1 BUT NOT 2. THE DUMPSTER WILL BE WORKED OUT BETWEEN THE APPLICANT AND STAFF. AND DO WE HAVE A SECOND? SECOND. SO MOTION AND SECOND.

PLEASE VOTE. PASSES 5-0.

THANK YOU ALL VERY MUCH. WE LOOK FORWARD TO SOME NON-CHICKEN RESTAURANTS. IF I'M BEING PRESUMPTION HERE, PRESUMPTUOUS, I'MSORRY. EXCUSE ME FOR THAT.

[2022-311]

ITEM 2022-311 CONSIDER AND ACT UPON A REQUEST FOR A SPECIAL EXCEPTION TO SEC. 3.5501(C)(3), ROOF PITCH, AND SPECIAL EXCEPTION TO SEC. 3.57 TO ALLOW THE LOCATION OF AN EXISTING ACCESSORY STRUCTURE ON PROPERTY PRESENTLY ZONED AGRICULTURAL DISTRICT. THE PROPERTY IS LOCATED ON +2.68 ACRES LOCATED AT 4621 PLAINVIEW ROAD.

COLBY. >> THANK YOU, MAYOR, NEXT AGENDA ITEM, AGENDA 2021-311, CASE NO. M16-2022-125.

THIS IS FOR 4621 4621 PLAIN VIED DEVELOPMENT.

PROPOSED RESIDENTIAL DEVELOPMENT STRUCTURE.

JUPRESENTLY, THERE IS A STORAGE STRUCTURE.

THE APPLICANT IS ASKING FOR APPROVING OF EXCEPTION OF ROOF PITCH AND ACCESSORY BUILDING ON THE PROPERTY.

THE SITE IS AGRICULTURAL. THERE IS AN EXISTING DETACHED BARN STRUCTURE OUTLINED IN PURPLE WHERE THE PROPOSED PRIMARY STRUCTURE IS GOING TO BE ON THE PROPERTY, OUTLINED IN RED HERE. AS YOU SEE OVER TO THE LEFT-HAND SIDE, THE PROPOSED PRIMARY STRUCTURE WILL BE AROUND 6,000 SQUARE FEET. THE EXISTING GARAGE BARN STRUCTURE IS AROUND 676 SQUARE FEET.

SO THIS WILL BE A TWO-LEVEL STRUCTURE AS YOU SEE ALONG THE RIGHT-HAND SIDE. LEVEL ONE, FIRST ONE TO THE LEFT, LEVEL TWO AT THE TOP TO THE RIGHT.

AND SO WE DID A SQUARE FOOTAGE BREAKDOWN.

AGAIN, KITCHEN LEVEL ALONG TO THE LEFT-HAND SIDE WILL BE LOCATED ON LEVEL ONE BEING AROUND 800 SQUARE FEET.

LEVEL TWO WILL CONSIST OF A BEDROOM AREA WILL BE JUST OVER ONE THOUSAND SQUARE FEET. AND ON LEVEL ONE WILL BE A GARAGE, SHOWROOM AREA WILL BE ROUGHLY AROUND 3,200 SQUARE FEET, WHICH IS ROUGHLY JUST UNDER HALF OF THE TOTAL STRUCTURE. SO THIS NEXT SLIDE DEPICTS THE CONCEPT LAYOUT. THE NEXT SLIDE, COLOR RENDERING.

CONSTRUCTED OUT OF BRICK, A FLAT ROOF STRUCTURE WHICH IS GOING TO BE ONE OF THE VARIANCE REQUESTS THAT THE APPLICANT IS ASKING FOR. WE WILL TOUCH ON THAT HERE SHORTLY. AS I DID MENTION, IT WILL BE TWO LEVEL STRUCTURE. LARGE PORTION OF IT WILL BE FOR SHOWROOM AREA, STORAGE AREA. THAT WILL CONSIST OF KITCHEN AREA, BEDROOM AREA. HOWEVER, THE LEVEL ONE AREA WILL BE THIS PICTURE HERE. PICTURE TO THE TOP LEFT AND PICTURE TO THE LEFT AT THE BOTTOM THERE.

AGAIN, IT IS GOING TO BE PRIMARY USED FOR STORAGE STRUCTURE AREA WITH THE ADDITION OF SOME LIVING UNIT AREAS WITH BEDROOM UNIT AS WELL AS KITCHEN AREA WITHIN THE STRUCTURE.

AGAIN, TWO VARIANCE REQUESTS THAT THE APPLICANT IS ASKING FOR. ROOF PITCH AREA, SO PER THE CITY OF MIDLOTHIAN ZONING ORDINANCE, WE REQUIRE A 12 ROOF PITCH.

THE APPLICANT IS ASKING A FLAT ROOF.

AGAIN THE ACCESSORY STRUCTURE PER OF CITY THE MIDLOTHIAN ZONING ORDINANCE, ACCESSORY STRUCTURE SHOULD NOT BE LOCATED IN FRONT OF THE PRIMARY STRUCTURE.

HOWEVER, DUE TO THIS DETACHED STRUCTURE EXISTING FOR NUMEROUS DECADES, SINCE 1970, THE APPLICANT IS REQUESTING TO KEEP THAT STRUCTURE ON THE PROPERTY IN ADDITION TO THE PRIMARY STRUCTURE THERE. AT THE JUNE 21ST PLANNING & ZONING MEETING, THE PLANNING & ZONING VOTED 7-0 APPROVE THE CASE PER STAFF COMMENTS. STAFF IS RECOMMENDING APPROVAL PER THE COMMENTS, GET A BUILDING PERMIT AND PATH BETWEEN THE PRIMARY STRUCTURE AND THE DETACHED STRUCTURE EXISTING ON THE PROPERTY CONSIST OF CONCRETE PAVEMENT PATHWAY.

THAT CONCLUDES STAFF'S PRESENTATION FOR THIS CASE.

[01:00:05]

>> MAYOR: WHY IS IT NECESSARY TO STATE RECOMMENDATION ONE?

>> IT IS KIND OF A GIVEN, THAT'S SOMETHING WITH THESE CASES WE

USUALLY STATE. >> COMMENTS, CONVERSATIONS? I DON'T THINK THE APPLICANT IS AVAILABLE.

>> WE HAVE A REPRESENTATIVE. >> SO THERE IS SOMEBODY --

>> YES, SIR. >> SOMEBODY HERE IF YOU WISH TO ASK QUESTIONS OF? WE DON'T SEEM TO HAVE ANY.

I WILL TAKE A MOTION. >> I WILL MOVE TO APPROVE.

>> SECOND. >> MOTION TO APPROVE WITH RECOMMENDATION BY STAFF. SECONDED.

PLEASE VOTE. ITEM IS APPROVED 5-0.

>>> THANK YOU. ITEM 2022-312, CONSIDER AND ACT

[2022-312]

UPON THE PURCHASE OF A 2023 CHEVY 3500HD CREW 4WD TRUCK FROM CALDWELL COUNTRY CHEVROLET LOCATED IN CALDWELL, TEXAS, FOR A BASE BID AMOUNT OF $66,720.00 PLUS A 5% CONTINGENCY OF $3,336.00 FOR A TOTAL PURCHASE AMOUNT NOT TO EXCEED $70,056.00 AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS FOR SUCH PURCHASE.

>> THIS ISN'T A BUDGETED ITEM. HOWEVER, THE INSURANCE COMPANIES ARE TRYING TO WORK IT OUT. I HAVE TO GET AHEAD OF THE GAME A LITTLE BIT SO I CAN ORDER THIS THING.

IT IS GOING TO TAKE SOME TIME TO BE ABLE TO ATTAIN THIS VEHICLE.

WHAT WE ARE ASKING TONIGHT IS AUTHORIZATION TO PURCHASE IT.

ONCE THE INSURANCE COMPANY FIGURES IT OUT, WE WILL PUT IT IN A FUND FOR RIGHT NOW, WE WILL PAY FOR IT AT THAT TIME.

RIGHT NOW, I'M CURRENTLY DOWN A VERY IMPORTANT VEHICLE, CREW TRUCK, OF COURSE, AND THIS IS STATEWIDE RESOURCE WE USE TO GET ALL THE BIDDING COMPLETED FOR US AND EVERYTHING.

I DID PUT A LITTLE BIT OF CONTINGENCY BASED ON THE TIME WE GOT THE BID A COUPLE WEEKS AGO VERSUS THE APPROVAL TIME TO GET IT PURCHASED. WE ARE STILL GOING TO TRY TO APPROACH THE PRICE HE GAVE US. BUT THE TRUCK MARKET, AS WE ALL KNOW, IS VERY VOLATILE. I'M HERE FOR QUESTIONS AND

SUPPORT. >> HOW LONG WILL IT TAKE YOU TO ACTUALLY GET A REPLACEMENT ON HAND?

>> YEAH. MAYOR, I WILL HAVE A PO TONIGHT -- NO,.

A PO AS QUICK AS POSSIBLE. CONTACT OUR DEALERSHIP AND GET THAT THING ON THE -- THEY SAY THEY MIGHT HAVE ONE.

LIKE I SAID, VERY VOLATILE GAME. IT IS, SOMETIMES THEY WON'T EVEN ORDER ONE UNTIL YOU PAY AHEAD OF TIME.

I THINK THAT IS KIND OF A LOOSE ANSWER.

I APOLOGIZE. >> THE QUESTION I'M GOING TO, YOU NEED AN INTERIM VEHICLE OR ARE YOU OKAY?

>> WE ARE RIGHT NOW, THAT IS CORRECT.

WE ARE USING OUR CAMERA TRUCK. IT LOOKS LIKE A FORMER ANIMAL CONTROL VEHICLE. BUT WE ARE USING IT RIGHT NOW JUST FINE. THANK YOU FOR ASKING.

>> MOTION. >> I MAKE A MOTION TO APPROVE AS

PRESENTED. >> SECOND.

>> MOTION TO APPROVE, SECONDED. PLEASE VOTE.

ITEM PASSES 5-0. >> THANK YOU ALL VERY MUCH.

>> THANK YOU, ADAM. ITEM 2022-313, CONSIDER AND ACT

[2022-313]

UPON A RESOLUTION ACCEPTING AND APPROVING A PRELIMINARY SERVICE AND ASSESSMENT PLAN AND PRELIMINARY ASSESSMENT ROLLS FOR THE WESTSIDE PRESERVE PUBLIC IMPROVEMENT DISTRICT, APPROVING PRELIMINARY LIMITED OFFERING MEMORANDA, CALLING A PUBLIC HEARING ON THE LEVY OF SPECIAL ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT AND APPROVING ALL OTHER MATTERS

RELATED THERETO. >> THANK YOU VERY MUCH, MAYOR, COUNCIL. WE HAVE ABOUT 38 SLIDES I'M GOING TO RUN THROUGH. TAKE ME ABOUT 45 MINUTES OR SO.

BUT IT IS REAL INTERESTING STUFF.

SO -- I'M JUST KIDDING. BUT I DID WANT TO HIT THE HISTORY OF WEST SIDE PRESERVE. WE BEGAN THIS IN 2020, BUT IT REALLY BEGAN IN AUGUST 10TH OF '04 WHEN A CUMBERSOME BAD PD WAS

[01:05:07]

CREATED. THE BUYER, WILLING TO COME BACK AND CHANGE IT AND FOR IT TO MAKE SENSE.

SO YOU CAN SEE HOW MANY TIMES WE HAVE TO THE COUNCIL FOR THE PLANNED DEVELOPMENT FOR THE PUBLIC IMPROVEMENT DIRECT, FOR DIFFERENT RESOLUTIONS, PUBLIC HEARINGS, ET CETERA.

WITH ME IS THE DEVELOPER, OUR FINANCIAL ADVISER, THEIR FINANCIAL ADVISER, CADRE OF LAWYERS AND EVERYTHING.

I'M SURE IF THERE IS QUESTIONS THAT I CAN'T ANSWER, SOMEBODY WILL BE ABLE TO. THIS IS THE SITE.

EVERYBODY KNOWS WEST SIDE PRESERVE.

YOU SEE OLD FORT WORTH ROAD AND MILLER.

SO WE HAVE THE STORM DRAINAGE. OF COURSE, A LOT OF THAT IS ALONG OLD FORT WORTH, THE ROADS. WE HAVE THE DETENTION AREAS, SANITARY SEWER. ALONG WITH IMPROVEMENT, WE ARE GOING THROUGH AND WE ARE SPENDING SOME MONEY TO UP SIZE AND OVERSIZE THEIR SEWER LINES THAT ARE WITHIN OUR MASTER PLAN.

SO IT CALLS FOR 12-INCH, THEIR DEVELOPMENT CALLS FOR 12-INCH, OUR MASTER PLAN CALLS FOR 18-INCH, WE PARTICIPATE WITH THE DEVELOPER AND INCREASE THE SIZE OF PIPE SIX INCHES.

TAKE ADVANTAGE OF THE LABOR, ECONOMY AND SCALE.

THEN WE HAVE WATER ALONG OLD FORT WORTH.

THEN WE GO INTO PHASE TWO MAYBE. SO YOU SEE A BIG PART OF THIS, AND WE HAVE ALL BEEN COMPLAINING ABOUT SERVICE ROADS ALONG 287, NOT A SAFE ROAD, ESPECIALLY FOR CROSSING.

WE ARE TALKING ABOUT CUTTING OFF CROSSINGS.

THIS DEVELOPER IS PUTTING IN SERVICE ROADS ALONG 287.

THAT IS PART OF THE ASSESSMENT OF THE PUBLIC IMPROVEMENT DISTRICT. BUT THEY HAVE GONE IN AND THAT WILL BE TWO-LANE ACCESS ROAD ALONG 287.

THEN WE ALSO HAVE PHASE TWO SEWER AND THEN STORM SEWER IN PHASE TWO. WATER PHASE TWO.

THE PAVING OF PHASE ONE AND, OF COURSE, THESE ARE SOME OF THE MORE RESIDENTIAL STREETS IN THERE.

THIS IS WHAT THE PRELIMINARY OFFERING IS ABOUT.

9.7 MILLION. THEN $22.8 MILLION.

SO OF THAT, THESE IMPROVEMENTS WILL BE FUNDED.

OF COURSE, YOU HEARD WE WILL BE -- YOU SEE SOME OF THE CITY CONTRIBUTION. THAT HAS COME THROUGH ON DEVELOPMENT AGREEMENTS, THINGS LIKE THAT THAT WE ARE PARTICIPATING, SOME OF THE OVERSIZING OF THE WATER, WASTEWATER, ET CETERA. A ROADWAY IMPACT, EXPANDING OLD FORT WORTH ROAD. SOME ROADWAYS ON CAPITAL IMPROVEMENT PLAN, PROVIDING EXCESS CAPACITY.

THAT IS WHERE WE PARTICIPATE IN THAT AS WELL.

YOU ALSO SEE THE SCHOOL SITE, THEY ARE PUTTING IN MULTIFAMILY SITE DOWN THERE AS WELL. WHAT IS ON THE TABLE TONIGHT IS THIS 9.7, $22.8 MILLION FOR THE SALE OF BONDS.

THOSE ARE GOING TO BE OFFERED FOR SALE ON AUGUST 9TH.

CLOSED ON THE 30TH. THAT DOES AMOUNT TO A .6335 ASSESSMENT RATE ON THE PARCELS OUT THERE.

THAT WILL BE GOING IN WEST SIDE PRESERVE.

SO I THINK I HAVE COVERED THOSE 38 SLIDES RELATIVELY QUICK.

IF THERE ARE ANY QUESTIONS? WOULD YOU LIKE TO SAY ANYTHING.

>> MAKE A MOTION, IF YOU ARE READY.

>> I THINK WE ARE READY. >> OKAY.

I HAVE GOT IT RIGHT HERE. I MOVE TO ADOPT RESOLUTION ACCEPTING AND APPROVING PRELIMINARY SERVICE AND ASSESSMENT PLAN AND PRELIMINARY ASSESSMENT ROLLS FOR THE WESTSIDE PRESERVE PUBLIC IMPROVEMENT DISTRICT, OFFERING MEMORANDA AND CALLING A PUBLIC HEARING ON THE LEVY OF SPECIAL ASSESSMENT AGAINST PROPERTY IN THE DISTRICT.

>> DO WE HAVE A SECOND? >> SECOND.

>> SO WE HAVE A MOTION TO APPROVE THE RESOLUTION.

KEY THING IS THERE CALLING THE PUBLIC HEARING.

AND SECONDED. PLEASE VOTE.

ITEM PASSES 5-0. THIS HAS BEEN A LONG, INTERESTING ROAD. THANK YOU.

[2022-314]

[01:10:03]

ITEM 2022-314, RECEIVE A PRESENTATION FROM SAMCO CAPITAL MARKETS, INC, OUTLINING A BOND ISSUANCE STRATEGY FOR THE DESIGN, ENGINEERING AND CONSTRUCTION OF THE PUBLIC SAFETY AND POLICE HEADQUARTERS AND CITY HALL/LIBRARY, CONSTRUCTION OF STREETS, AND OTHER MATTERS

RELATED TO DEBT. >> I WILL JUST QUICKLY INTRODUCE SAMCO CAPITAL, WALK US THROUGH THE PROCESS OF ISSUING THE BONDS FOR THE PROJECTS NOTED. MARK.

>> MARK, CITY COUNCIL. >> NEW FACE.

YA'LL APPROVED A FEW YEARS BACK A -- LET ME GET MY NOTES.

$125 MILLION WORTH OF BONDS THROUGH THE ELECTRIC, THROUGH GENERAL OBLIGATION BOND. YOU HAD 2,017 BOND ISSUE ALSO THAT HAD 11,000,890 STILL AUTHORIZED BUT NOT ISSUED.

LAST YEAR, WE ISSUED THE FIRST, TO GET THE PROCESS GOING.

SOLD $14,165,000. THIS YEAR WE ARE COMING BACK TO START FILLING IN THE CONSTRUCTION, TAKING CARE OF THE VAST MAJORITY. WE ARE GOING TO AUTHORIZE 71,125,000. 41,000,400 IS FOR THE PUBLIC SAFETY AND POLICE FACILITY. 22,000,500 IS FOR THE CITY HALL AND LIBRARY. AND 7,000,225 IS FOR STREET IMPROVEMENTS. WHEN WE SOLD THESE BONDS LAST YEAR, WE PURPOSELY SET UP DROPPING DEBT SERVICE SO THAT THESE BONDS COULD BE ISSUED UNDER THE GOAL THAT YOU ALL SET, THAT WAS IN THE BUDGET GOAL OF YOUR EXISTING 67.5 CENTS AND WE CAN REACH THAT WITHOUT ANY PROBLEM.

WE TYPICALLY, GEO BOND DOES NOT TAKE TWO ACTIONS OF CITY COUNCIL BUT THIS IS A LARGE BOND ISSUE. WE WANTED TO OFFER YOU OPPORTUNITY TO ASK QUESTIONS OR BRING OUT ANY CONCERNS BECAUSE WE WOULD COME BACK HERE ON AUGUST 23RD WITH FINAL INTEREST RATES, LOOKING FOR AN ORDINANCE TO APPROVE THOSE BONDS.

AND WE DON'T WANT TO GO OUT TO MARKET AND THEN COME BACK TO CITY COUNCIL AND SAY, OH, THAT WASN'T HOW WE UNDERSTOOD IT.

SO WE REALLY WANTED TO MAKE SURE EVERYBODY WAS ON BOARD.

IT MEETS ALL THE GOALS THAT WERE SET OUT WHEN WE HAD THE BOND ELECTION. IT MEETS THE GOALS THAT THIS WON'T TAKE A TAX INCREASE. ONE OTHER ITEM, YOU ALL GOT YOUR BOND UPGRADE LAST YEAR TO DOUBLE A PLUS, SECOND HIGHEST BOND RATING POSSIBLE. AND ONE OF THE GOALS I SAW IN THE BUDGET WAS TO MAINTAIN THAT. AGAIN, WITH THE DECREASING DEBT SERVICE THAT YOU HAVE AND THAT THIS CAN BE PUT IN PLACE WITHOUT AN ADDITIONAL TAX INCREASE, THAT I BELIEVE WOULD REMAIN INTACT.

SO VERY STRONG RATING ALLOWS US TO SELL THESE BONDS AT VERY LOW INTEREST RATES. COMPARED TO OTHERS THAT HAVE A LOWER BOND RATING THAN YOU ALL. CHRIS, I KNOW WE HAVE TALKED ABOUT THIS IN MORE DETAIL. IF THERE'S SOMETHING I SKIPPED OR COUNCIL WITH QUESTIONS? I'M HAPPY TO ADDRESS IT.

>> HOW ARE THE INTEREST RATES CURRENTLY?

>> THAT'S REALLY GOOD QUESTION. WE HAVE RUN THESE NUMBERS VERY CONSERVATIVE, ABOUT 4.5, 5%. I WOULD BE EXPECTING ABOUT 4 PERCENT. THE FED, AS YOU MAY KNOW, IS MEETING THIS WEEK. WE EXPECT 75 BASIS POINT INCREASE IN THE FED FUNDS RATE. THE FED FUNDS IS ONLY THE OVERNIGHT LENDING RATE AMONGST BANKS.

THE MARKET TAKES CARE OF THE BACK END OF THE YIELD CURVE.

IN JANUARY, TEN-YEAR TREASURE BOND WAS 3.5%.

TODAY IT IS DOWN TO 2.78 APPROXIMATELY.

SOUGHT TEN-YEAR BOND, WHICH IS WHAT OUR BONDS WILL FOLLOW, HAS COME DOWN AS THE FED HAS RAISED RATES.

LAST MONTH 75 BASIS POINTS. WE'RE EXPECTING ANOTHER 75 BASIS POINTS. I EXPECT THE LONG-TERM BONDS, AGAIN, THAT OUR BONDS WILL FOLLOW, WILL REMAIN RELATIVELY STABLE AND THAT I WOULD EXPECT 4%, WHICH REALLY DOES FALL INTO WHERE WE ARE MODELING EVERYTHING.

I WILL SAY UP S FROM ABOUT 2% A YEAR AGO FROM OUR BOND ISSUE.

RATES HAVE GONE UP. I DON'T WANT THAT IMPRESSION THAT THEY HAVEN'T GONE UP. BUT OVER THE LAST SIX MONTHS, THEY HAVE COME DOWN FOR MUNICIPAL BORROWERS.

>> IT DOESN'T REQUIRE MUCH. IF THERE'S ANY OBJECTION OR

[01:15:02]

ANYTHING, WE WOULD WANT TO KNOW. OTHERWISE, WE WILL BE GOING OUT TO THE MARKET, DOING ALL THE DUE DILIGENCE CALLS, RATING CALLS, ET CETERA TO BRING BACK A PRICE FOR THE BONDS ON THE 23RD MEETING. WE DON'T HEAR ANY OBJECTIONS, THAT'S THE PATH WE WILL PROCEED NOW.

>> THANK YA'LL. >> NEXT

[2022-315]

ITEM 2022-315, CONSIDER AND ACT UPON AUTHORIZING THE DEMOLITION OF CITY-OWNED BUILDINGS LOCATED ON THE SITE OF THE FUTURE CITY HALL/LIBRARY PROJECT AT A COST NOT TO EXCEED $50,000.

CLYDE. >> THANK YOU MAYOR, COUNCIL.

AFTER OUR DISCUSSION LAST TUESDAY AT THE WORKSHOP, IT WAS DISCUSSED WHETHER OR NOT TO TAKE DOWN THREE BUILDINGS WE HAVE ACROSS THE STREET WHERE THE CITY HALL IS PROPOSED RIGHT NOW.

ACCORDING TO THE DOWNTOWN MASTER PLAN, THAT IS THE SITE WE PLAN FOR THE CITY HALL. THOSE BONDS DID PASS AND SO WE HAVE THE TWO BUILDINGS WE ACQUIRED LAST YEAR AND THEN OLD FIRE STATION. WE ARE PLANNING TO SELF PERFORM THIS THROUGH THE PUBLIC WORKS DEPARTMENT, WE BELIEVE THE COST WOULD NOT EXCEED $50,000. I WILL ANSWER THINK QUESTIONS

THERE ARE WITH THE COUNCIL. >> I HAVE ONE OR TWO QUESTIONS.

I DEAL WITH PARKING, TWO THINGS. I TAKE IT YOU WILL BE FULLY CLEARED, OUT OF THE WAY FOR HERITAGE.

>> THAT'S OUR PLAN, YEAH. WE PULL THE TRIGGER, I DON'T

EXPECT -- >> ONCE THE BUILDINGS ARE DOWN, WHAT PARKING WILL BE AVAILABLE UNTIL WHEN?

>> SO THE PARKING THAT WILL BE AVAILABLE IS WHAT IS AVAILABLE NOW. SO WE ARE PLANNING ON SCRAPING THE BUILDINGS DOWN, BASICALLY TO THEIR SLAB, AND THEN IF WE HAVE ANY SECURITY FENCING -- IF WE HAVE ANY SECURITY FENCING DURING THE DEMOLITION, WE WILL REMOVE THAT SO YOU WILL HAVE THE DT PARKING, FIRE STATION PARKING AND PARKING ON THE OTHER SIDE OF THE RALLY SPORTS BUILDING. THAT WILL BE THERE UNTIL WE BEGIN CONSTRUCTION. AT THAT POINT, I WILL HAVE TO TALK TO OUR CONSTRUCTION MANAGER AND DEVELOP A PARKING PLAN ON CONSTRUCTION PLAN. THE MAJORITY OF THAT BLOCK IS TAKEN UP, BUT NOT ALL THE BLACK TAKEN UP WITH CONSTRUCTION.

WE NEED TO GET THE CONSTRUCTION MANAGER IN THERE TO MAKE SURE THE BEST FORMAT AND BID FOR THAT.

I DON'T BELIEVE THAT AGAIN UNTIL JANUARY 1ST, I WOULD SAY.

PROBABLY FEBRUARY 1. >> YOU THINK YOU WOULD BE THAT

EARLY FOR CONSTRUCTION? >> THAT'S WHAT WE ARE BANKING ON. FROM YA'LL'S DIRECTION TO US,

THAT'S HOW WE ARE PROCEEDING. >> I UNDERSTAND.

COUNCIL, WE NEED TO BE SENSITIVE TO DOWNTOWN BUSINESSES AND WHAT WE CAN DO FOR THE MEANTIME BUSINESSES.

THEY ARE GOING TO LOSE -- >> IN THE CONSTRUCTION.

THERE IS THE ABILITY. WE PURCHASED AT&T LOT, THAT'S 30,000 SQUARE FEET, GIVE OR TAKE OF PARKING AREA THAT RIGHT NOW IS JUST A FIELD. BUT WE COULD PAVE THAT PRIORITY THAT. IF THE COUNCIL CHOOSES.

SO THAT WOULD ADD PARKING. I DON'T KNOW -- REALLY, WITHOUT TALKING TO THE CONSTRUCTION MANAGER, I'M NOT SURE WHERE THEY ARE GOING TO PUT THE LAYDOWN YARD.

WE HAVE SOMEWHAT OF A CONSTRICTED SITE.

SO WE ARE ALL GOING TO HAVE TO BE GOOD NEIGHBORS BY THE END OF

THIS PROJECT. >> SOME OF THE DOWNTOWN BUSINESS TRAFFIC IS SEEN YOUR CITIZENS, SENIOR CITIZENS, MYAGE AND OLDEE

SENSITIVE. >> I THINK ALL THE YOUNGER PEOPLE ARE HAVE APT AT MOVING AND NOT PARKING, ALLOWING

SENIORS. >> WILL WE ALLOW GOLF CARTS

DOWNTOWN AND I WILL UBER. >> YOU SEE IT IN A LOT OF CONGESTED AREAS. FREE VALET.

THAT WOULD BE SOMETHING THAT COULD POP UP.

>> QUICK QUESTION. YA'LL WE TALKED ABOUT IT IN THE WORKSHOP, I APOLOGIZE. IS THERE A DELAY IF WE HOLD OFF

UNTIL AFTER HERITAGE EXCHANGE -- >> A DELAY IN THE CONSTRUCTION PROJECT? NO, SIR, I DON'T BELIEVE SO.

>> TO ME IT IS LIKE THE LAST WHO HURRAH.

>> ARE THERE PARTS OF THE BUILDING WE WOULD LIKE TO SAVE?

OR WHAT DO WE. >> WE TALKED ABOUT GETTING A

[01:20:02]

PALLET OF BRICKS. THRERTHRESHOLD IRON.

>> STRONG OPINION ON IT. IS THERE ANY COST SAVINGS IF WE

DO IT SOONER THAN LATER? >> I DON'T BELIEVE THERE WOULD

BE. >> ANY COST INCREASE, ALWAYS CONSTRUCTION, LONGER THE WAIT, THE MORE COST.

ANY COST -- >> RIGHT NOW, SCHEDULED EQUIPMENT. THE MARKET RIGHT NOW, GETTING RENTAL EQUIPMENT IS -- IF WE WAIT THAT CERTAIN DAY, START ON THE DAY AFTER YOUR EVENT, OR THE EVENT, IT MIGHT DELAY BECAUSE OF THE EQUIPMENT, I CAN'T GET AHOLD OF.

AS FAR AS COST SAVINGS, I DON'T THINK IT WOULD BE ANY SAVINGS.

>> TO YA'LL'S POINT, WE KNOW WHEN HERITAGE DAY IS.

WE CAN SCHEDULE THAT RENTAL THE WEEK AFTER THAT.

SO WE CAN HAVE A PRETTY GOOD IDEA.

>> WEATHER, RAIN, ALL THAT. >>

>> THIS NUMBER IS A STIM. WE WILL DO THE BEST WE CAN TO RECYCLE METAL, RECYCLE BRICK. WE HAVE TO RENT THE EQUIPMENT, SAFETY DEVICES, DURING THE PROCESS.

YES. BASICALLY, WE WILL DO THE BEST WE CAN BY IN-HOUSE WITH PERSONNEL.

>> IT IS MY UNDERSTANDING THAT BECAUSE OF THE SHORT TIME FRAME,

THIS IS A ROUGHER ESTIMATE. >> I THINK IT IS EMBEDDED BETWEEN ADAM. I FEEL PRETTY CONFIDENT WE CAN

DO IT. >> I KNOW.

IF WE PUSHED IT, YOU PROBABLY HAVE A BETTER NUMBER.

>> BACK TO CLARK'S POINT, AS FAR AS TIMING, THIS WILL NOT IMPACT CONSTRUCTION. I'M AMENABLE TO EITHER.

>> IF WE HYPOTHETICALLY WENT AHEAD AND DID THE DEMOLITION NOW, WOULD THE LOT BE SMOOTH AND WALKABLE, SAFE TO WALK ON DURING

HERITAGE DAY? >> Y YEAH, YEAH.

>> THERE MIGHT BE SOMETHING UNDER THE RALLY SPORTS.

I DON'T KNOW IF WE PUT A FENCE AROUND THAT.

>> MURAL THERE FOR THE HERITAGE DAY.

BUT IF THE DECISION HINGES ON THAT --

>> IT HAS BEEN THERE 200 YEARS. AT LEAST A HUNDRED YEARS.

>> HUNDRED PLUS YEARS. >> 90 MORE DAYS.

>> MAYBE WE CAN MAKE A THING OUT OF IT AT HERITAGE DAY.

>> IT IS ONLY LIKE SIX WEEKS AWAY, RIGHT?

>> YOU ARE TALKING ABOUT MONTH'S DIFFERENCE.

>> [INAUDIBLE]. >> WE WILL TAKE IT AT THIS POINT. DO YOU HAVE A THOUGHT DOWN THERE

ONE WAY OR THE OTHER? >> EXACT DATE, LIKE DAY AFTER THE EVENT? [INAUDIBLE].

>> I WOULD IT TWO DAYS. THOUGHT ONE DAY AFTER.

>> THAT'S TWO DAYS. THE 12TH IS TWO DAYS.

>> DO IT THE 12TH. >> I'M PREPARED TO MAKE A

MOTION. >> PLEASE.

>> I WILL MAKE A MOTION THAT WE DELAY THE DEMOLITION OF THOSE BUILDINGS UNTIL SHORTLY AFTER THE HERITAGE DAY.

ALSO JUST A PERSONAL REQUEST FOR THE HERITAGE DAY ORGANIZERS TO ACKNOWLEDGE THE BUILDINGS AS PART OF THE PROGRAMMING, I THINK WOULD BE NICE. APPROVED FOR $50,000.

>> SECOND. >> MOTION TO APPROVE 50,000, WITH DIRECTION TO BEGIN PROMPTLY AFTER THE HERITAGE DAY CELEBRATION WITH ACKNOWLEDGMENT BY THE HERITAGE DAY PEOPLE, SECONDED, PLEASE VOTE. ITEM PASSES 5-0.

THANK YOU, COUNCIL, ADAM, THANK YOU.

[2022-316]

ITEM 2022-316, CONSIDER AND ACT UPON AUTHORIZING AN EXTENSION OF THE COMMENCEMENT DATE OF THE RESTRICTION AGREEMENT OPTION PERIOD BY 45-DAYS TO SEPTEMBER 30, 2022 FOR THE PROPERTY

[01:25:02]

LOCATED AT 301 WEST MAIN STREET. CLYDE.

>> THANK YOU, COUNCIL. THIS WAS ZSH -- THESE ARE THE N BUILDINGS THAT WE ARE DISCUSSING, 301 WEST MAIN STREET. THERE WAS A LOT OF DISCUSSION WHEN THIS CONTRACT WAS WRITTEN UP BACK IN THE FALL ABOUT WANTING THAT BUILDING TO ACTIVATE, WANTING IT NOT TO SIT FOUL ANY LONGER. THE PROPOSER DID HAVE A SCHEDULE IN THERE. THEY DID HAVE A PLAN OF ACTION.

SO WHAT WAS WRITTEN INTO THE CONTRACT WAS IF THE PROPOSER AND THE BUYER HAD 180 DAYS IN ORDER TO GET A PERMIT FROM THE CITY, NOT SUBMIT A PERMIT, NOT ANY OF THAT STUFF, BUT RECEIVE A PERMIT FROM THE CITY. THE 180 DAYS IS COMING UP ON AUGUST 15TH. WE ARE HITTING EARLY FOR VARIOUS REASONS. THIS REQUEST IS FOR A 45-DAY EXTENSION FROM AUGUST 15TH TO SEPTEMBER 30TH, ESSENTIALLY, SO THAT THEY CAN GET THAT PERMIT IN MANNED.

HAND. THEY TURNED IN DRAWINGS TODAY, INTO OUR BUILDING DEPARTMENT. I WILL LET THE DEVELOPER GO THROUGH THE DIFFERENT REASONS FOR DELAY.

BUT BASICALLY, IF WE CHOOSE NOT TO ALLOW THIS EXTENSION, WE WILL BE BUYING THE BUILDING BACK FOR THE PRICE THAT THEY PAID FOR IT, WHICH IS ABOUT $1.98 MILLION. THAT WOULD COME FROM THE GENERAL FUND. THAT'S WHERE THAT MONEY WENT TO WHEN WE SOLD THE BUILDING. SO WE WOULD JUST TAKE IT RIGHT OUT OF THAT. BASICALLY, IF THEY HAVEN'T COMMENCED CONSTRUCTION, THE PLANS HAVE BEEN PREPARED AND APPROVES THEREOF REQUIRED BY APPLICABLE GOVERNMENTAL AUTHORITIES HAVE BEEN OBTAINED FOR CONSTRUCTION OF THE IMPROVEMENTS. ALL NECESSARY PERMITS FOR THE CONSTRUCTION OF THE IMPROVEMENTS HAVE BEEN ISSUED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, WHICH ARE US.

AND GRADING OF THE PROPERTY AND CONSTRUCTION OF THE BUILDING ELEMENTS OF THE IMPROVEMENTS ABOVE OR BELOW GROUND HAVE COMMENCED. IN LAYMAN'S TERMS, THEY NEED A PERMIT FROM US AND THEY NEED TO BE MOVING FROM US.

LIKE I SAID, WE JUST RECEIVED THOSE DRAWINGS TODAY.

WE GOT DRAWINGS LAST WEEK, THEY WEREN'T STAMPED OR ANYTHING.

UNTIL DRAWINGS ARE STAMPED BY ENGINEERS OR ARCHITECTS, WE DON'T SEND THEM TO REVIEW. SO WITH THAT, I WILL ANSWER ANY QUESTIONS. AND I THINK THE DEVELOPER AND CURRENT OWNER OF THE BUILDING IS HERE AND HE CAN ANSWER QUESTIONS

AS WELL. >> COUNCIL?

>> JUST TO BE CLEAR, TODAY IS JULY 26TH.

AND THE DEADLINE WAS AUGUST 15TH.

>> YES. >> SO THE BALL IS IN OUR COURT NOW AS FAR AS WE HAVE ALL THE PLANS.

>> I THINK IT IS -- I'M JUST NERVOUS ABOUT BEING ABLE TO TURN

AROUND PLANS. >> BUT EVERYTHING HAS BEEN

SUBMITTED. >> YES, SIR.

>> QUESTION? >> DID I HEAR YOU RIGHT, WHEN YOU SAID THAT IF THEY DON'T GET A 45-DAY EXTENSION, THAT THEY ARE JUST GOING TO TURN AROUND AND WE WILL BUY IT BACK FROM

THEM? >> THAT'S WHAT THE CONTRACT TALKS ABOUT. OUR REMEDY IS TO BUY THAT BUILDING BACK. THE REMEDY OF THEM NOT GETTING THE PER PERMIT WITHIN 180 DAYS. THERE'S LEGAL MUMBO JUMBO, TALKS ABOUT FORCE MEJORE, ACTS OF GOD, YOU CAN READ THOSE HOW YOU SEE FIT. THAT IS THE ONLY REMEDY THROUGH THE CONTRACT AND WHEN THE CONTRACT THAT WAS APPROVED BY THE COUNCIL, THAT IS THE ONLY REMEDY TO THEM NOT ADHERING TO THOSE CONTRACT TERMS, BUYING THEM BACK.

. >> I WILL MAKE A MOTION IF YOU

WILL TAKE IT, MR. MAYOR. >> PLEASE.

>> MAKE A MOTION THAT WE APPROVE THE 45-DAY EXTENSION.

>> DO WE HAVE A SECOND? >> SECOND.

>> MOTION TO APPROVE EXTENSION, SECONDED.

PLEASE VOTE. ITEM PASSES 4-1.

>> THANK YOU. ITEM 2022-317, REVIEW AND

[2022-317]

DISCUSS THE COMPENSATION AND BENEFITS STUDY AND ANALYSIS FOR THE CITY OF MIDLOTHIAN PREPARED BY RAY ASSOCIATES, INC., AND ACT UPON PROPOSED PAY PLANS AND BENEFIT

MODIFICATIONS. >> I WANT TO JUST START BY SAYING THIS HAS BEEN A LONG PROCESS AND I APPRECIATE YA'LL BEING PATIENT WITH IT. IN DECEMBER, YOU APPROVED THE 12 CITIES THAT WE WERE GOING TO USE AS COMPARISON CITIES.

WE PUT THAT OUT TO THE CITIES. WE SENT 44 POSITIONS OUT TO HAVE

[01:30:08]

COMPARISONS. THEY WERE VERY SLOW TO RESPOND.

A LOT OF CITIES WERE DOING THE THE EXACT SAME THING WE WERE DOING. AND SOME GAVE US THEIR OLD DATA.

SOME GAVE US WHAT THEY THOUGHT THEY WERE GOING TO USE.

SO I APPRECIATE THAT. BUT I WILL TELL YOU, EACH HAVE A BINDER IN FRONT OF YOU AND THE COVER FOR IT IS THE ORIGINAL REPORT COVER THAT OUR CONTRACTOR THAT I WILL INTRODUCE IN A MINUTE HAD ON HER REPORT. SO SHE DID THE ORIGINAL REPORT AT THE 50 PERCENTILE. WHEN WE DID THE WORKSHOP SEVERAL MONTHS AGO, THE COUNCIL DID NOT WANT TO GIVE A SPECIFIC PERCENTILE THAT YOU WANTED TO BE IN COMPARISON TO OTHER CITIES.

YOU WANTED TO SEE HOW THE STUDY WENT.

WELL, WE HAVE TO HAVE A STARTING POINT.

SO WE WENT WITH 50%. LAST WEEK AT A WORKSHOP, YOU WERE GENEROUS ENOUGH TO SAY IF WE GO TO 6 60 PERCENTILE.

SO IN THIS BINDER, THE VERY FIRST PAGE YOU WILL SEE IF YOU OPEN IT IS A COMPARISON OF THE 60TH PERCENTILE AND 50TH PERCENTILE. IT WILL SHOW YOU THE COSTS.

THE FIRST TAB IS THE ORIGINAL REPORT THAT MS. RAY PREPARED.

BEHIND THAT IS AN ADDENDUM THAT WE HAVE GONE BACK AND WORKED ON IN THE LAST WEEK. THAT WILL SHOW YOU THE 60TH PERCENTILE. I WILL REMIND EVERYBODY THAT IN OUR BUDGET PROPOSAL AND IN OUR STRATEGIC PLAN, WE ESTIMATED A 15% INCREASE. THIS COMES IN AT A 10.66% INCREASE IF WE GO TO THE 60TH PERCENTILE.

WE ARE PLANNING AND HAVE INCLUDED IN OUR BUDGET THE 4% MERIT THAT WE NORMALLY INCLUDE. SO THOSE TWO COMBINED STILL STAY BELOW OUR 15% WE HAVE BUDGETED. I WANTED TO POINT THAT OUT BEFORE KATHERINE COMES UP AND KIND OF GOES THROUGH HER REPORT.

BUT I WILL BE HANGING AROUND TO ANSWER QUESTIONS.

WITH THAT, KATHERINE RAY WITH RAY AND ASSOCIATES.

>> GOOD EVENING COUNCIL, THANK YOU SO MUCH FOR GIVING ME THE OPPORTUNITY TO BE HERE WITH YOU THIS EVENING AND TALK WITH YOU ABOUT COMPENSATING YOUR EMPLOYEES AND GOING COMPETITIVE.

I WILL KEEP THIS VERY 37,000 FEET, A HIGH LEVEL, AND THEN YOU ALL CAN GO INTO ANY DETAIL THAT YOU WANT TO AFTER THAT. I DIDN'T DO A POWERPOINT THIS TIME BUT I THOUGHT WE MIGHT JUST HIT THE HIGHLIGHTS.

YOU HAVE GOT THE REPORT IN FRONT OF YOU.

AND THE COMPARISONS AT THE 50TH AND 60TH PERCENTILE.

THANK YOU SO MUCH. I WAS DELIGHTED WHEN YA'LL HAD A BUNCH OF QUESTIONS AND WANTED TO LOOK AT WHETHER YOU COULD COMPETE AT A HIGHER LEVEL. SO WE WERE HAPPY TO GO BACK AND MAKE THOSE CALCULATIONS AND SEE WHAT WE CAN DO.

IT LOOKS COMPLETELY FEASIBLE. SO LET ME JUST SAY, THIS IS THE THIRD COMPENSATION STUDY THAT OUR FIRM HAS DONE FOR THE CITY OF MIDLOTHIAN, SO THERE'S SOME CONSISTENCY OVER THE LAST EIGHT YEARS OR SO. AND IN 2022, WE HAD NOT INTENDED INITIALLY TO MAKE THIS A COMPREHENSIVE STUDY.

MEANING, WE HAD NOT INTENDED FOR EMPLOYEES TO FILL OUT QUESTIONNAIRES ON THEIR JOBS AND ALL THAT.

BUT AS WE GOT INTO IT, THE STAFF FELT LIKE, AND I AGREED, THAT IT WAS IMPORTANT. THERE HAD BEEN ENOUGH CHANGES THAT IT WAS REALLY IMPORTANT TO GET THE EMPLOYEE INPUT.

SO I DID SOME TRAINING TO YOUR CURRENT STAFF, TO MISS HANZA AND MISS GROUNDS. AND THEY DID THE INTERNAL EQUITY PIECE. ALL THE EMPLOYEES FILLED OUT QUESTIONNAIRES. THEY DID INTERVIEWS.

THEY DID THE SCORING. I REVIEWED THE SCORES.

THEY DID A STELLAR JOB. SO WE WERE ABLE TO MAKE THIS A REALLY COMPREHENSIVE STUDY BECAUSE OF YOUR STAFF'S WILLINGNESS. SO THAT'S A REALLY GOOD THING THAT I AM HAPPY TO REPORT. THE WHOLE STUDY DONE IN COLLABORATION WITH YOUR STAFF AND PRIMARILY MISS HANZA AND MISS GROUNDS. MISS GROUNDS.

[01:35:02]

HE SELECTED 12 CITIES FOR US TO USE.

WE SURVEYED FOR 44 BENCHMARK JOBS.

AND YOUR KEY STAFF WERE INVOLVED IN EVERY SINGLE PHASE OF THE OPERATION. SO WE CHANGED THE CITIES THIS YEAR, BUT OTHER THAN THAT, WE STUCK WITH YOUR SAME STRUCTURE SO THAT WE HAVE CONTINUITY OVER THE LAST THREE STUDIES.

WE DID 50TH PERCENTILE INITIALLY.

THEN WE WERE SO PLEASED TO LOOK AT WHETHER YOU CAN COMPETE AT A HIGHER LEVEL. WE THINK THAT IS IMPORTANT.

WE LIVE IN A WHOLE DIFFERENT WORLD TODAY THAN WE DID LAST YEAR OR THE YEAR BEFORE THAT, MUCH LESS FIVE YEARS AGO.

EVEN THOUGH WE ARE SEEING INFLATION AND INCREASES IN COSTS, WE ARE ALSO SEEING SIGNIFICANT INCREASES IN PAY.

AND SO YOU NEED TO BE COMPETITIVE AND IT IS A WHOLE DIFFERENT STORY THIS YEAR THAN IT WAS LAST YEAR OR THE YEAR BEFORE. SO I'M REALLY GLAD TO SEE YOU WANTING TO COMPETE AT THE 60TH PERCENTILE.

I THINK THAT IS REALLY IMPO IMPORTANT.

OUR RECOMMENDATIONS COVER BOTH SALARIES AND BENEFITS.

WE ARE TALKING ABOUT TOTAL COMPENSATION.

YOU HAVE GOT THE FULL REPORT AND THE SUPPLEMENTAL INFORMATION IN YOUR NOTEBOOK. LOTS OF DETAIL.

I REALLY ENCOURAGE YOU TO LOOK AT PAGES 28 AND 29 FOR SALARIES AND 43 TO 48 FOR BENEFITS AS WELL AS THE APPENDICES THAT GIVE YOU EVEN MORE DETAIL. SO WHAT DID WE FIND? OVERALL, YOUR PAY, YOUR PAY TO YOUR EMPLOYEES WAS NOT THAT BAD BUT YOUR PAY SCHEDULES WERE BEHIND.

BECAUSE YOU HAD NOT BEEN DOING ANNUAL ADJUSTMENTS TO YOUR PAY SCHEDULES. SO HOPEFULLY YOU WILL DO THAT IN THE FUTURE. AND THAT WILL MAKE A DIFFERENCE.

WHERE NEXT TIME YOU WON'T SEE QUITE SUCH A BIG INCREASE AND YOU WON'T SEE AS MUCH DIFFICULTY IN RECRUITMENT IN THE INTERIM.

SO OVERALL, THE PAY SCHEDULES WERE LOW.

YOU HAVE DONE GREAT BY HAVING A 4% MERIT EACH YEAR AND THAT'S HELPED TO KEEP YOUR PAY COMPETITIVE FOR A LOT OF YOUR JOBS. NOT FOR ALL, BUT POUR SOME.

FOR SOME. BY ADJUSTING THE PAY SCHEDULES AND MAKING THEM CONSISTENT WITH MARKET AND MOVING THE JOBS AS NEED BE TO PUT THEM AT THE 60THT PERCENTILE, THEN WE WERE ABLE TO PUT NEW A COMPETITIVE POSITION.

IN THE NOTEBOOK WE MIGHT LOOK AT THE RECOMMENDATIONS AND I WOULD LIKE TO TURN TO THE SECOND TAB AT THE 60TH PERCENTILE AND WHAT WE ARE RECOMMENDING TO YOU IS THAT YOU ADOPT OUR CLASSIFICATION CHANGES, THAT'S JOB TITLES BASICALLY, THAT YOU ADOPT THE RECOMMENDED PAY SCHEDULES AND WE HAVE DONE SOME ADJUSTMENTS THERE. SO THE FIRST THING THAT WE DID WAS WE PLACED ALL THE JOBS ON THE NEW PAY SCHEDULES ACCORDING TO WHAT THE MARKET SAID. INITIALLY, 50TH PERCENTILE.

AND THEN TOOK THEM -- TOOK A LOOK LAST WEEK AND MOVED THEM TO THE 60TH PERCENTILE. FOR POLICE, FIRE, AND YOUR EMERGENCY COMMUNICATIONS PAY SCHEDULES, THOSE ARE BASED ON ACTUAL SALARIES AND THEIR STEP PLANS.

SO WE START THE PAY GRADE AT WHAT THE MARKET SAYS SHOULD BE THE ENTRY FOR THAT PARTICULAR JOB.

AND THEN WE PLAY IT OUT IN FOUR PERCENT INCREMENTS THIS WILL WE

[01:40:01]

REACH WHAT THE MARKET SAYS SHOULD BE THE MAXIMUM FOR THAT PAY GRADE. SO WHEN WE MAKE AN ADJUSTMENT TO THOSE PAY SCHEDULES, EVERYBODY WHO IS ON THAT PAY SCHEDULE GETS THAT PERCENT INCREASE. SO FOR EXAMPLE, TO AGE THE DATA TO THE NEW FISCAL YEAR, WE GATHERED THE DATA IN THIS FISCAL YEAR, IMPLEMENTED NEXT FISCAL YEAR, OCTOBER 1, SO TO AGE THE DATA, WE ADJUSTED THE PAY STRUCTURES BY 5%.

SO THAT MEANS WE PUT THE PEOPLE ON THE PAY SCHEDULES AND ADJUSTED THE PAY SCHEDULES BY 5%.

FOR GENERAL GOVERNMENT, IF THEY FELL WITHIN THE PAY GRADE, WITHIN THE RANGE FROM THE ENTRY TO THE MAX, THEY GOT NOTHING.

THEY WENT ON THE PAY SCHEDULE. FOR THE OTHER THREE THAT USE STEP PLANS, THOSE EMPLOYEES GOT EACH OF THOSE INCREASES.

JUST BECAUSE THEIR STEP CHANGED, THE AMOUNT FOR THAT STEP CHANGED. SO WHAT WE ENDED UP WITH, ESPECIALLY -- WE ENDED UP WITH, ALL ACROSS THE BOARD IN THE STEP PLANS AND THE OPEN RANGE PLAN, F COMPRESSION.

WE HAD A LOT OF PEOPLE CLUSTERED AT THE ENTRY OF THE PAY GRADE.

THAT MEANS YOU MIGHT HAVE A TEN-YEAR VETERAN IN THAT JOB BEING PAID EXACTLY WHAT A BRAND NEW HIRE IS BEING PAID.

CREATES BIG MORALE ISSUES. SO WHAT WE DID WAS, IF YOU SEE ITEM C THERE, WE MADE SOME COMPRESSION ADJUSTMENTS.

ONE-TIME ADJUSTMENTS JUST TO ACKNOWLEDGE THE FACT THAT YOU HAD PEOPLE WHO HAVE STAYED WITH YOU AND NOT TO PUNISH THEM FOR STAYING WITH YOU. SO IF THEY HAD BEEN HERE FEWER THAN FIVE YEARS, NO ADJUSTMENT. IF THEY HAD BEEN HERE 5 AND 9 YEARS, THEY GOT 4% OR ONE STEP. IF THEY HAD BEEN TEN YEARS OR MORE, THEY GOT 8% OR TWO STEPS. AND THAT IMPACTED SOME EMPLOYEES. YOU STILL ENDED UP WITH A LOT OF PEOPLE AT THE ENTRY LEVEL BECAUSE THE PAY RANGES WERE SO OUT OF DATE. BUT I THINK BY THE TIME YOU DO THE 4% MERIT, O OCTOBER IS, THEE PROPORTION SHOULD BE JUST ABOUT RIGHT AFTER THAT. SO IF WE LOOK AT THE BOTTOM LINE, THE BOTTOM LINE FOR THE DIFFERENCE BETWEEN THE 50TH AND 60TH% T PERCENTILE WAS $684,000. TINY AMOUNT.

THE REASON FOR THAT IS THAT ALL THE CITIES, PRETTY MUCH, CHECKED TO SEE WHAT EVERYBODY ELSE IS PAYING SO THEY DON'T GET SO OUT OF LINE. YOU END UP WITH A LOT OF CLUSTERING IN THE MIDDLE OF CITIES.

SO IF YOU ARE PAYING AT THE 50TH OR 60TH PERCENTILE, THERE MAY BE VERY LITTLE DIFFERENCE. IT WASN'T EVEN A PAY GRADE'S DIFFERENCE. SO THAT ENDED UP WHERE, TO COMPETE AT THE 60TH, WE WOULD BE LEAVING BEHIND EXACTLY WHERE THEY WERE AT THE 50TH. WE DIDN'T THINK THAT WOULD BE RECEIVED VERY WELL BECAUSE THERE WERE DIFFERENCES IN THE NUMBERS.

THEY JUST WEREN'T 5%. THERE'S A 5% DIFFERENCE BETWEEN EACH PAY GRADE. SO WE COULDN'T JUSTIFY MOVING THEM UP A PAY GRADE. WHAT WE DID, WE LOOKED AT, OKAY, WHAT WAS THE CHANGE FOR THINKING OF RANK AND FILE, WHAT WAS THE CHANGE FOR POLICE OFFICER AND WHAT WAS THE CHANGE FOR FIREFIGHTER PARAMEDIC. AND EACH OF THOSE WAS BETWEEN ONE AND A HALF AND TWO PERCENT OF THE CURRENT PAY.

SO WHAT WE DID WAS WE WENT BECOME AND ADJUSTED THE GENERAL GOVERNMENT PAY SCHEDULE ONE AND A HALF PERCENT, SLIGHTLY LESS THAN THE POLICE OFFICER OR FIREFIGHTER PARAMEDIC WAS GETTING, BUT WE ADJUSTED PAY SCHEDULE ONE AND A HALF PERCENT AND WE ADJUSTED EACH EMPLOYEE'S PAY ONE AND A HALF PERCENT.

THAT WAY IT MAKES IT FAIR ACROSS THE BOARD.

SO WE ARE RECOMMENDING THAT DIFFERENT PAY SCHEDULE FROM WHAT WAS IN THE ORIGINAL REPORT. WE HAVE GOT THOSE BACK HERE BEHIND THE SECOND TAB. SO OUR RECOMMENDATION TO YOU IS THAT YOU MAKE ALL THOSE CHANGES IN THE PAY, THE PLACEMENT ON THE

[01:45:03]

PAY SCHEDULES, NEW PAY SCHEDULES AT THE 60TH PERCENTILE.

AND THEN WE ALSO LOOKED AT BENEFITS SO THAT WE WERE LOOKING AT TOTAL COMP. IF YOU LOOK AT THE RECOMMENDATIONS AT THE FRONT, YOUR REPORT YOU FIND IS AN EXECUTIVE SUMMARY FOLLOWED BY THE FULL REPORT.

LOTS OF DETAIL IN THE FULL REPORT.

LOTS OF DETAIL IN THE APPENDICES.

BUT IF WE LOOK AT PAGE 8 OR 9, PAGE 7.

WE GO THROUGH THE RECOMMENDATIONS ON PAY.

WE JUST COVERED THEM AT THE 60TH PERCENTILE.

THEN PAGE 8, LOOKING AT THE BENEFITS.

YOUR BENEFITS PACKAGE SEEMED TO BE COMPETITIVE OVERALL BUT THERE WERE A FEW AREAS WHERE I FELT LIKE YOU REALLY OUGHT TO TRY TO GIVE SOME ATTENTION AND THINGS HAPPEN.

SOME THINGS YOU COULD PROBABLY DO RIGHT AWAY.

OTHERS YOU MIGHT HAVE TO WAIT FOR A CONTRACT TO COME UP FOR RENEWAL OR SOMETHING. BUT WE WOULD LIKE TO SEE YOU BE ABLE TO REDUCE THE EMPLOYEE-PAID DEDUCTIBLES AND MAXIMUM OUT-OF-POCKET COSTS FOR YOUR EMPLOYEES UNDER THE BASE PPO HEALTH PLAN, WHICH IS THE MOST COMMON PLAN USED BY YOUR EMPLOYEES. WE WOULD LIKE TO SEE YOU INCREASE THE NUMBER OF HOURS OF SICK LEAVE EARNED PER YEAR TO THE MEDIAN, AT LEAST TO THE MEDIAN IN THE MARKET.

YOU ARE QUITE A BIT BELOW THAT RIGHT NOW.

WE WOULD LIKE TO SEE YOU BRING VACATION LEAVE ANNUAL ACCRUAL, MAXIMUM ACCRUAL AND CARRYOVER AMOUNTS UP TO THE MARKET MEDIAN FOR EACH CATEGORY OF EMPLOYEE AND FOR THE TEN-YEAR EARNINGS BRACKETS. THEN WE WOULD LIKE TO SEE YOU BEGIN PAYING $25 A MONTH FOR WASTEWATER EMPLOYEES WHO ATTAIN CLASS ONE CERTIFICATION. THE MAJORITY OF THE CITY'S PAY THAT. YA'LL PAY IT FOR CLASS II AND CLASS III AND FOR THE WATER CERTIFICATIONS AGENTS ALL LEVELS. AT ALL LEVELS BUT FOR NOT CLASS I WASTEWATER. CONSIDER INCREASING AUTO ALLOWANCES. YOU CAN LOOK AT THE DATA IN THE BENEFITS DETAIL AND SEE THAT MOST OF THE CITY'S AUTO ALLOWANCES ARE SLIGHTLY HIGHER THAN YA'LL ARE PAYING HERE AND MANY OF THEM INCLUDE ALL OF THEIR DIRECTORS OR DEPARTMENT HEADS IN AN AUTO ALLOWANCE. AND THEN JUST A LITTLE BITTY THING THAT YOU CONSIDER IN YOUR EAP, INCREASING THE NUMBER OF VISITS PER YEAR TO SIX FROM THREE.

AND THAT'S KIND OF IT. THE COST IS LAID OUT FOR YOU RIGHT HERE ON THE FRONT PAGE IN YOUR NOTEBOOK.

YOU CAN SEE THAT AT THE 60TH PERCENTILE, THE OVERALL INCREASE FOR ALL THREE STEPS, THAT'S FOR INITIALLY PLACING PEOPLE ON THE PAY SCHEDULE AT THE 60THTH PERCENTILE, FOR MAKING COMPRESSION ADJUSTMENTS AND FOR INCLUDING THAT AGING OF THE DATA, THE 5% ADJUSTMENT TO THE PAY STRUCTURES.

SO ALL OF THAT FOR TWO MILLION $86,753.73.

THAT'S ABOUT A 10.66 PERCENT INCREASE.

SO AS MISS HANZA SAID, EVEN WIH THE MERIT INCREASE, THAT WOULD STILL KEEP YOU BELOW YOUR 15%. QUESTIONS?

>> DO YOU HAVE A NUMBER FOR THE COMPRESSION AMOUNT? BECAUSE THE COMPRESSION IS ONE-TIME EXPENSE.

>> THE COMPRESSION AMOUNT IS THE AMOUNT LISTED THERE -- WELL, LET'S SEE. I HAD THAT.

WAIT A MINUTE. TRIBUTE 2.14% OF PAYROLL, CURRENT PAYROLL. AND THE PLACING THEM ON THE PAY SCHEDULE WAS 8.52% OF PAYROLL. SO THE COMPRESSION ADJUSTMENTS WERE NOT THAT EXPENSIVE, EVEN THOUGH WE WERE TALKING ABOUT 4% AND 8%. EMPLOYEES HAD TO BE HERE OVER TEN YEARS, TEN YEARS OR MORE IN ORDER TO GET THE 8%.

AND FIVE YEARS, 5 TO 9 YEARS TO GET THE 4 WHERE IS.

>> WITH THAT -- 374,685 THAT YOU MENTIONED EARLIER, THAT DOES NOT INCLUDE COMPRESSION THEN. THAT'S MOVING FROM THE 50TH TO

[01:50:05]

THE 60TH. >> YES, THAT'S JUST THE

DIFFERENCE THERE. >> GOTCH'YA.

>> ANY OTHER QUESTIONS? THERE'S A LOT OF INFORMATION

HERE TO ABSORB. >> I APPRECIATE YA'LL REWORKING THE NUMBERS IN A VERY SHORT TIME FRAME.

>> ABSOLUTELY. >> PARDON THIS QUESTION, BUT OF THE 12 CITIES, IN YOUR OPINION, WHICH CITY WERE WE THE MOST

SIMILAR WITH? >> I DON'T KNOW IF I CAN -- IT

DEPENDS ON THE JOB. >> WHETHER IT IS POPULATION --

>> JUST THE PAY. PAY.

>> WHEN YOU LOOK AT PAY, -- >> JUST WHAT YOU STUDIED.

>> IT IS REALLY DIFFERENT. YOU HAVE GOT -- IF YOU LOOK AT APPENDIX A, WHICH IS ALL THE CHARTS, YOU CAN SEE VERY REA READILY, THEY ARE VERY CLEAR, YOU ARE THE DARK BAR AND THE OTHERS ARE THE LIGHTER BARS. THEY VERY FOR EVERY SINGLE POSITION. SO THERE WAS NO ONE CITY, YOU SAID, MM, THEY ARE SIMILAR TO MIDLOTHIAN.

OR MIDLOTHIAN IS SIMILAR TO THEM? OKAY. I ASK STRANGE QUESTIONS.

>> NO, NO, I DON'T THINK THAT'S A STRANGE QUESTION AT ALL.

I'M SORRY THAT I HADN'T THOUGHT ABOUT THAT.

BUT I DON'T RECALL A PARTICULAR CITY.

I JUST DON'T RECALL A PARTICULAR CITY STANDING OUT.

>> THAT'S A REALLY LONG CHART. >> THERE ARE # 88 PAGES OF CHAR.

>> I UNDERSTAND. BUT SOMETIMES NUMBERS LOOK

DIFFERENT. >> I JUST WANTED TO TRY TO ANSWER JUSTIN'S QUESTION. THE VERY FIRST PAGE, JUST TO POINT OUT, SO EVERYBODY KNOWS, THAT 60 PERCENTILE.

THE DIFFERENCE WITH THE OVERALL INCREASE, THAT'S THE 374 BUT YOUR TOTAL AT THE 60 PERCENTILE, TOTAL OVERALL INCREASES 2,086,753.73. I WANT TO MAKE SURE EVERYBODY UNDERSTOOD THAT WAS THE TOTAL COST OF IT.

THAT INCLUDES COMPRESSION. YOU CAN TAKE THAT 2.14% AND

MULTITO THE 2,000,006. >> IF APPROVED, GOING FORWARD, OUR STAFFING BUDGET LINE ITEM WOULD INCREASE A CERTAIN AMOUNT, BUT IT WOULDN'T INCLUDE THE COMPRESSION EVERY YEAR.

>> IT SHOULD NOT. >> THAT'S WHAT I'M TRYING TO

FIGURE OUT. >> IT WILL INCLUDE, ONCE YOU -- ONCE THE COME COMPRESSION, THAT EMPLOYEE IS MOVING UP.

THEY MOVE UP TWO STEPS, THAT WILL BE THEIR NEW SALARY, SO

THAT WILL STAY FOREVER. >> IT IS NOT LIKE YOU ARE GOING TO ASK FOR COMPRESSION IN FEW FUTUREYEARS.

THAT SALARY WILL MOVE ON. AS KATHERINE MENTIONED, WE DO PLAN ON USING ECONOMIC INDICATORS AND MOVE THE PAY PLAN. SO HOPEFULLY WHEN THIS PLAN IS DONE AGAIN IN FIVE OR TEN OR HOWEVER MANY YEARS WE DO IT, THEN YOU WON'T SEE THAT LARGE OF AN INCREASE.

LITERALLY, WHEN THIS ONE WAS DONE LAST, THAT WAS HER RECOMMENDATION BUT THE CITY DID NOT MOVE THE PLAN.

SO THAT'S WHY WE STAYED. >> MOVEMENT EACH YEAR MAKES A

BIG DIFFERENCE. >> THE ONLY THING THAT IS MOVED, STEP PLANS DID MOVE MID CYCLE IN 2018, 2019.

THERE WAS ONE ADJUSTMENT TO PUBLIC SAFETY, BUT NOT THE GENERAL GOVERNMENT PAY PLAN. THEY MIGHT HAVE STAYED IN LINE A

LITTLE BIT MORE. >> IT IS THE OPEN RANGE OF THE GENERAL GOVERNMENT THAT KIND OF CATCHES PEOPLE.

THAT'S WHAT SHE IS EXPLAINED A COUPLE TIMES IN HER CONVERSATION. IS THAT THE GENERAL GOVERNMENT RANGE WAS THERE BUT PEOPLE, THEY JUST GOT THERE 4 PERCENT OR WHATEVER OVER THE YEARS. THEY DIDN'T REALLY -- WE WEREN'T REALLY COMPARING OUT TO THE MARKET.

SO THAT'S WHY THERE ARE SOME LARGE ADJUSTMENTS.

>> OUR RECOMMENDATION IS TO -- IS THAT YOU LOOK AT THE EMPLOYMENT COST INDEX THAT'S PUBLISHED BY U.S. DEPARTMENT OF LABOR AND STATISTICS. ECI IS PUBLISHED QUARTERLY EACH

[01:55:05]

YEAR. AND CPI, CONSUMER PRICE INDEX, IS PUBLISHED MONTHLY. YOU NEED TO LOOK AT BOTH.

YOU WOULD PLACE STRONGER E EMPHASIS ON ECI.

RIGHT NOW, IT IS RUNNING 4%. CPI IS RUNNING 10%.

IF YOU RUN THOSE TWO TOGETHER, 5.7.

WE DID A 5% INCREASE TO THE PAY STRUCTURE, WHICH I THINK IS GOOD. MOST YOU CAN SEE, A LOT OF DIFFERENT STUDIES. NATIONAL STUDY.

BUT MOST CITIES AEN MOST EMPLOYERS HAVE ADJUSTED THEIR PAY PLANS, THEIR PLANNING, COMPENSATION PLANNING TO SAY THAT, WELL, LAST YEAR WE THOUGHT WE WERE GOING TO NEED A 3% INCREASE. WE ARE ACTUALLY GOING TO NEED 5.

AND SO THAT'S THE MOST COMMON CHANGE BEING MADE.

>> I HAVE A QUESTION THAT I DON'T WANT TO BE MISINTERPRETED, I WANT TO ECHO WHAT I SAID IN A WORKSHOP THAT WE VALUE OUR EMPLOYEES, WE WANT TO ATTRACT THE BEST EMPLOYEES POSSIBLE.

MY QUESTION I GUESS, GENERAL QUESTION, IS THIS -- IS ADOPTING THIS TONIGHT, SO TO SPEAK, PUT PUTTING THE CART BEFORE THE HORSE. >BEFORE WE HAVE BUDGETDISCUSSIO?

>> I THINK IT IS. THIS IS A GREAT STUDY.

WE SHOULD ADOPT THIS ALONG WITH THE BUDGET PROCESS.

I AGREE. >> TAX RATE, IMPLICATIONS, JUST

GETTING IT COMPLETE. >> WE WILL UNDERSTAND THIS BETTER AS WE GET INTO THE BUDGET.

OTHER THINGS WILL BUBBLE UP. >> THERE IS NOTHING -- OBVIOUSLY, IF YOU HAVE QUESTIONS ABOUT THE STUDY, HAVE QUESTIONS OR CONCERNS THAT NEED TO BE ADDRESSED TONIGHT, THAT'S FINE.

THERE IS NO -- IT DOES NOT HAVE TO BE ADOPTED TONIGHT.

SO WE START OUR BUDGET ON -- FURTHER DISCUSSION ON FRIDAY.

OBVIOUSLY BEFORE THAT PROCESS IS ALL OVER WITH, WE NEED TO FINALIZE. I DON'T WANT TO GIVE THE IMPRESSION THAT HAS TO BE ADOPTED TONIGHT IN ORDER TO BE PUT IN PLACE. THIS IS -- THESE ARE THE FINDINGS, THIS IS THE INFORMATION.

THIS GIVES YOU SOMETHING TO LOOK AT AS WE MOVE FORWARD IN THE

BUDGET PROCESS TO SEE -- >> PROPOSED BUDGET THAT YOU HANDED OUT INCLUDES THESE NUMBERS.

>> WE HAD ESTIMATED 15%. RIGHT NOW, THIS IS COVERED IF IT IS ADOPTED LIKE IT IS TODAY. OBVIOUSLY, THERE'S ANY CHANGES, WE WILL MODIFY THE BUDGET ACCORDINGLY.

I DON'T WANT THE COUNCIL FEELING PRESSURE THIS HAS TO BE ADOPTED TONIGHT. THERE'S OTHER RECOMMENDATIONS IN HERE. WE GOT YOU A NUMBER, 60TH PERCENTILE IN A SHORT TIME PERIOD.

BUT ALSO, THE IMPLEMENTATION OF SOME OF THESE OTHER BENEFITS, THOSE MAY BE A LONGER TERM DISCUSSION ABOUT VACATION ACCRUALS AND SICK LEAVE. THOSE MIGHT BE LONGER TERM DISCUSSIONS THAT WE NEED TO HAVE ON WHAT THE IMPLICATION IS.

>> FINANCIAL IMPLICATION. >> TO YOUR POINT, AND TO PARAPHRASE, WE DON'T -- THERE'S NO DOWN SIDE TO NOT ADOPTING

THIS TONIGHT. >> UYOU CAN ACCEPT IT.

>> I APPRECIATE, COUNCIL MEMBERS CAN SPEAK FOR THEMSELVES, BUT

THE WORK IS VERY GOOD. >> AND YOU KNOW I ENCOURAGE YOU, IF QUESTIONS COME UP AS YOU REVIEW THE MATERIALS, IN ADDITION TO CHECKING WITH STAFF, YOU ARE MOST WELCOME TO CALL ME AND I WILL TALK WITH YOU ANY TIME.

IF I DON'T ANSWER THE PHONE, I WILL CALL YOU BACK WITHIN 24 HOURS. I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. IT'S A LOT OF MATERIAL.

>> AND VERY IMPRESSIVE THAT YOU RESPONDED WITH THE 60TH

PERCENTILE. >> WE ARE NOT DELAYING THE START BY GOING THROUGH THE BUDGET. IT WILL HIT AT THE SAME TIME.

>> WE ARE STILL PLANNING ALL THIS IMPLEMENTATION TO HAPPEN OCTOBER 1ST. WE ARE NOT DELAYING.

>> OKAY. YOUR NUMBERS INCLUDED THE 60TH.

>> YES. WE STARTED WITH THE STRATEGIC PLAN PUTTING 15%. WE HAD NO IDEA.

WE ARE WITHIN THAT RANGE. >> DO WE NEED A MOTION TO TABLE.

[02:00:06]

>> THERE IS NO MOTION, NO ACTION NECESSARY.

YOU HAVE ACCEPTED THE REPORT JUST AS INFORMATION AT THIS POINT. WE WILL IMPLEMENT IT LATER.

>> THANK YOU ALL SO MUCH. >> THANK YOU FOR YOUR WORK.

>> THANK YOU VERY MUCH. ITEM 2022-318, CONSIDER AND ACT

[2022-318]

UPON EXTENDING THE ORDINANCE REVIEW AND COUNCIL PRESENTATION DEADLINE FOR THE SANCTUARY CITY ADVISORY AD HOC COMMITTEE.

I'M GOING TO YIELD TO OUR COUNSEL IN A MOMENT.

BECAUSE OF THE SUPREME COURT RULING AND STATE'S ACTION, WE HAVE, AND WITH DISCUSSION AND THIS ADVISORY GROUP, CHANGES HAVE BEEN MADE TO THE ORDINANCE TO MAKE IT IN LINE WITH -- AGAIN, I WILL LET COUNSEL SPEAK TO THIS, IN LINE WITH THE RULINGS. AND WE HAVE SENT THAT BACK TO THE RIGHT TO LIFE GROUP FOR THEIR REVIEW CRITIQUE AND FEEDBACK. AND SO BECAUSE OF THAT, THE COMMITTEE IS STILL IN PROCESS. JUSTIN, AS THE VICE CHAIR CAN

SPEAK TO IT AND JOE. >> [INAUDIBLE] AD HOC COMMITTEE MADE RECOMMENDATIONS ON THE ORDINANCE.

WE HAVE WORKING WITH RIGHT TO LIFE, ONE OF THEIR ISSUES WITH THE ATTORNEY, IN THE EVENT [INAUDIBLE] HE WANTS TO SEE ANY CHANGES MADE TO THAT ORDINANCE [INAUDIBLE].

SO WE MADE INITIAL CHANGES TO THE ORDINANCE PRIORITY THE SUPREME COURT RULINGS. SENT IT OVER, GOT APPROVAL.

MOVED TO MOVE FORWARD. CHANGES, THE ORDINANCE MAKES MANY DISCUSSIONS PRESUPREME COURT RULING ON ROE V. WADE, ONE OF THOSE WHEREAS CLAUSES NEED TO BE CHANGED.

HE WANTS TO REVIEW THEM. I HAVE GOTTEN -- WORKING WITH [INAUDIBLE] SENDING ORDINANCE TO REVIEW, HE HAS NOT GOTTEN TO IT.

DEADLINE, WE WILL SEND THAT BACK.

ONCE THEY SEND IT BACK [INAUDIBLE].

>> SO WE'RE HERE, END OF JULY, AUGUST, SEPTEMBER.

LAST COUNCIL SESSION IN SEPTEMBER, SHOOT FOR THAT.

JUSTIN, DO YOU HAVE AN OPINION AS TO --

>> YEAH, I WOULD IMAGINE IT TAKING THAT LONG, MID-SEPTEMBER.

SO THIS WILL REQUIRE AN ACT, I GUESS.

>> [INAUDIBLE]. >> THEY WILL HAVE TO WAIT UNTIL

THE MAY ELECTION. >> [INAUDIBLE].

>> I AM NOT GOING TO PASS AN ORDINANCE WITHOUT PUBLIC INPUT.

>> THIS IS RECOMMENDATION ON COUNCICOUNSEL HOW TO PROCEED.

YOU ARE NOT GOING TO HAVE A FEEDBACK FROM THE TEXAS RIGHT TO LIFE IN THAT TIME FRAME, IN PIEY OPINION.

>> IT WOULD POTENTIALLY ADD LAWYERS IF FEDERAL OR STATE

GOVERNMENTS CHANGE. >> IF FEDERAL OR STATE GOVERNMENTS CHANGE, THEN OUR [INAUDIBLE]

[02:05:02]

GOING TO RESTRICT WHAT OUR FOUNDING FATHERS, IN MY OPINION,

WANTED -- >> WHAT'S AT STAKE IS WHICH -- IF I UNDERSTAND CORRECTLY, WHICH ELECTION DO -- WILL THIS ORDINANCE COME UP IN. IT WILL HAVE TO COME UP BY PETITION OF THE PUBLIC TO PUT IT ON THE BALLOT.

IT IS -- IF WE CAN'T MAKE NOVEMBER, THEN IT WILL BE MAY.

BUT YOU WOULD STILL HAVE A REFERENDUM.

>> I'M NOT GOING TO EXTEND IT IF IT IS NOT GOING TO VOTE.

>> THE AGENDA ITEM STRICTLY TALKING ABOUT NOT THE MERIT OF IT BUT THE TIMING OF IT. SHOULD WE EXTEND THE DEADLINE OR NOT? I WOULD ENCOURAGE STAY FOCUSED

ON. >> THE ORDINANCE COME BACK TO

YOU. >> IT IS NOT BEING DEBATED TONIGHT. JUST THE TIMING OF IT.

>> WHY WOULD I EXTEND IT. I'M NOT WILLING TO EXTEND IT IF

IT IS NOT GOING TO PUBLIC VOTE. >> WWE CAN'T DISCUSS THAT --

>> THIS IS NOT A -- THEY ARE GOING TO COME BACK, THEY HAVE AT LEAST THREE OPTIONS. TTHEY CANRECOMMEND TO COUNCIL T.

THEY COULD SAY PASS THE ORDINANCE AS-IS.

MAKE A RESOLUTION ON THE LINES OF WHAT THE COUNTY DID, OR DON'T ENACT IT AND SEND IT TO THE CITIZENS FOR VOTE.

>> [INAUDIBLE]. >> EXTENDING IT DOES NOT PREDICT

OR -- >>

>> THIS IS A POINT WE DISAGREE ON.

I WOULD ADVOCATE NOT TO GO TO VOTE.

THAT'S JUST ME. I'M ONE VOTE.

BUT ON THIS CASE, I WILL MAKE A MOTION THAT WE GIVE A 45-DAY

EXTENSION TO THE COMMITTEE. >> I WAS GOING TO SYNC IT WITH A COUNCIL SESSION. TO CLARK'S POINT, WE ARE NOT GOING TO MAKE A NOVEMBER REFERENDUM NUMBS UNLESS CITIZET TO -- 45 DAYS. 13TH OF THE -- SEPTEMBER 13TH COUNCIL. THAT WOULD BE THE FIRST COUNCIL

OF SEPTEMBER. >> I WILL SECOND THAT MOTION.

>> SO WE HAVE A MOTION -- GO AHEAD, JUSTIN.

>> I WILL MAKE A MOTION TO EXTEND THE DEADLINE FOR AD HOC

COMMITTEE TO SEPTEMBER 13TH. >> SO WE HAVE A MOTION AND SECONDED TO EXTEND TO SEPTEMBER 13TH OF THE DEADLINE FOR THE COMMITTEE. PLEASE VOTE.

ITEM PASSES 4-1. THANK YOU, COUNCIL.

[2022-319]

ITEM 2022-319, CONSIDER AND ACT UPON AN APPOINTMENT TO THE MID-WAY REGIONAL AIRPORT BOARD. COUNCIL, YA'LL HAVE BEEN SENT FOUR RESUMES. WE HAVE FOUR APPLICANTS FOR THE VACANT POSITION. DARRELL, JUSTIN AND MYSELF INTERVIEWED THEM. ALL THE APPLICANTS WERE EXCELLENT, VERY ENCOURAGED BY WHAT WE ARE SEEING.

AND WE ARE RECOMMENDING JOSHUA TATE BE ASSIGNED TO THE AIRPORT BOARD. DISCUSSION OR MOTION?

BEING. >> I WILL MAKE A MOTION TO APPROVE JOSHUA TATE TO THE AIRPORT BOARD.

>> MOTION TO APPROVE JOSHUA TATE.

IS THERE A SECOND? >> SECOND.

>> WE HAVE A SECOND. PLEASE VOTE.

ITEM PASSES 5-0. OUR LAST

[2022-320]

ITEM 2022-320, CONSIDER AND ACT UPON APPOINTING COUNCIL MEMBERS TO THE NOMINATION AND UTILITY SUBCOMMITTEES AS WELL AS COUNCIL BOARD LIAISON POSITIONS FOR MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION, MIDLOTHIAN ECONOMIC DEVELOPMENT, MID-WAY REGIONAL AIRPORT BOARD, PLANNING & ZONING COMMISSION AND PARK BOARD. MY RECOMMENDATIONS REQUEST TO

[02:10:07]

COUNCIL, MYSELF ON 4A. JUSTIN IN 4B, AIRPORT COUNCILMAN DARRACH. PARKS WITH COUNCILMAN PARTSON.

P&Z, CLARK WICKLIFFE AND TO HELP HIM ANNA HAMMONDS.

GOOD LEARNING EXPERIENCE FOR ANNA.

NOMINATION COMMITTEE, MYSELF, WAYNE AND WALTER AND ADVISORY UTILITY ADVISORY BOARD WILL BE WAYNE SIBLEY WHO HAS COVID AND HOPEFULLY HE IS GETTING BETTER. SO GENTLEMAN? LADY? COMMENT.

DO YOU HAVE A MOTION? >> MOVE TO APPROVE THE

NOMINATIONS. >> SECOND.

>> AND MOTION TO APPROVE, SECONDED, PLEASE VOTE.

AND WITHOUT FURTHER COMMENTARY, I WILL TAKE A MOTION TO ADJOURN.

MOTION TO ADJOURN, SECONDED, PLEASE VOTE.

WE ARE ALL IN FAVOR. 8:11, WE STAND ADJOURNED, THANK YOU EVERYBODY FOR B

* This transcript was compiled from uncorrected Closed Captioning.