Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

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

[00:00:04]

>> GOOD EVENING. IT IS 6:00 P.M., TUESDAY, JANUARY 10. I CALL THIS SESSION OF THE MIDLOTHIAN CITY COUNCIL TO ORDER.

THE CHAPLAIN OF THE METHODIST HOSPITAL WILL LEAD US IN OUR INVOCATION. I WOULD LIKE TO SAY ON BEHALF OF THE STAFF AT METHODIST MIDLOTHIAN HOSPITAL AND ALL THE CITIZENS HERE IN MIDLOTHIAN, WE THANK YOU FOR YOUR LEADERSHIP.

AND YOUR SERVICE TO THIS GREAT CITY.

THROUGHOUT 2022. AND WE TRUST AND PRAY THAT THE LORD WILL BLESS YOU TO BE JUST AS SUCCESSFUL IN 2023.

SO THANK YOU FOR ALL THE HARD WORK AND COMMITMENT AND DEDICATION AND YOUR SERVICE. WE ARE GRATEFUL TO HAVE YOU AS MAYOR AND YOU AS CITY COUNCIL MEMBERS.

LET'S PRAY. THE SCRIPTURE SAYS THAT WE SHOULD PRAY FOR THOSE WHO ARE IN AUTHORITY.

ESPECIALLY THOSE WHO ARE OF THE HOUSEHOLD OF FAITH, THAT WE MAY LEAD AND LIVE A QUIET AND PEACEFUL LIFE HERE ON THIS EARTH. LORD GOD ALMIGHTY, WE PRAISE, HONOR, AND WE ADORE YOU FOR BEING OUR GOD.

WE DECREE AND WE DECLARE THAT JESUS, WHO IS THE CHRIST, YOUR ONLY BEGOTTEN SON, IS LORD. AND SCRIPTURE SAYS THAT BLESSED IS THE NATION, INDEED, THE CITY WHOSE GOD IS THE LORD.

AND SO WE THANK YOU FOR OUR LEADERS IN THIS CITY, FOR EVERY AGENCY HEAD, MANAGER, CUSTODIAN, SECRETARY, CLERKS, FOR OUR BUSINESS LEADERS, FOR OUR SCHOOL SUPERINTENDENT, AND OUR OUTSTANDING TEACHERS, FOR OUR GREAT POLICE AND FIRE CHIEFS AND THEIR FINE STAFF, INCLUDING THE E.M.T.'S.

THANK YOU FOR THE MAYOR AND EVERY COUNCIL MEMBER AND FOR EVERY CITIZEN HERE IN MIDLOTHIAN, TEXAS.

WE PRAY AND ASK IF THE NAME OF JESUS THAT YOU WOULD ALSO BLESS OUR FAITH LEADERS OF EVERY CHURCH IRRESPECTIVE OF THEIR DENOMINATION OR AFFILIATION. MAY YOU GRACE US WITH PEACE AND PROSPERITY AND PROTECTION THROUGHOUT 2023.

THE LORD SAYS IF YOU WISH ABOVE ALL THINGS, THAT WE PROSPER AND BE IN GOOD HEALTH, EVEN AS OUR SOULS PROSPER AND AS IN GOOD HEALTH. MAY YOU GUIDE THE HEARTS AND MINDS OF EACH COUNCIL MEMBER ALONG WITH THE MAYOR AS THEY DELIBERATE AND DEBATE VARIOUS SERIOUS MATTERS CONCERNING THE OPERATION OF THIS CITY. I PRAY THIS, PRAY IN THE NAME OF THE ONE WHOSE NAME IS ABOVE EVERY NAME, JESUS, WHO IS THE CHRIST. AMEN.

>> AMEN. IF THE CHAMBER WILL PLEASE RISE AS TROOP 215 PRESENTS THE COLORS AND WILL LEAD US IN THE PLEDGES.

>> AUDIENCE ATTENTION. COLOR GUARD ATTENTION.

COLOR GUARD, FORWARD MARCH. COLOR GUARD, PREPARE TO POST THE COLORS. POST THE COLORS.

PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE.

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.

PLEASE JOIN ME IN THE TEXAS PLEDGE.

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

COLOR GUARD, RETURN TO POSTS. >> PLEASE BE SEATED.

[2023-001]

[00:05:19]

DR. MARTIN LUTHER KING'S DREAM OF EQUALITY, AND SOCIAL CHANGE THROUGH NONVIOLENCE HELPED SHAPE OUR NATION.

AND WHEREAS NEXT WEEK WE WILL CELEBRATE DR. KING'S BIRTHDAY.

WE REMEMBER HIS LEGACY AS AMERICAN HERO AND TIRELESS SOCIAL ACTIVIST WHO CALLED UPON OUR NATION TO ENSURE EQUALITY, JUSTICE UNDER THE LAW, UPHOLDING OUR FOUNDING PRINCIPLES WHICH RECOGNIZE INDIVIDUAL RIGHTS TO LIBERTY, LIFE, AND THE PURSUIT OF HAPPINESS. AND WHEREAS DR. KING ENCOURAGED AMERICANS TO COME TOGETHER REGARDLESS OF AGE, RACE, OR CREED, TO STRENGTHEN THEIR COMMUNITIES, ALLEVIATE POVERTY AND VALUE THE DIGNITY AND RESPECT INHERENT IN ALL PEOPLE.

THROUGH HIS EXAMPLE, HE TAUGHT THE VALUES OF COURAGE, TRUTH, JUSTICE, COMPASSION, DIGNITY, HUMILITY, SERVICE AND BROTHERHOOD. AND WHEREAS IN COMMUNITIES THROUGHOUT THE STATE OF TEXAS, ALL TEXANS WILL JOIN THE MILLIONS OF CITIZENS ACROSS THE NATION WHO WILL HONOR AND CELEBRATE DR. KING'S LIFE AND TEACHINGS RECOGNIZING THE NEEDS AND SERVING THEIR COMMUNITIES. NOW, THEREFORE, I, RICHARD RENO, MAYOR OF THE CITY OF MIDLOTHIAN, TEXAS DO HEREBY PROCLAIM JANUARY 16, 2023, AS DR. MARTIN LUTHER KING, JR. DAY OF SERVICE.

AND URGE ALL CITIZENS OF THE CITY OF MIDLOTHIAN TO ACT FOR THE FUTURE BETTERMENT OF OUR COMMUNITY.

THANK YOU VERY MUCH. (APPLAUSE).

>> MAYOR, ON THAT SAME REGARD, THERE IS A SERVICE CELEBRATING THE LIFE AND LEGACY OF DR. MARTIN LUTHER KING MONDAY JANUARY 16 AT 9:00 A.M. IS. THAT CORRECT, PASTOR MIKE? 9:00 A.M. 10:00 A.M.? 10:00 A.M. MONDAY JANUARY 16. HOPE TO SEE YOU ALL THERE.

>> ITEM 2023-002, CITIZENS TO BE HEARD.

THE COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY ON THE AGENDA. YOU WILL BE GIVEN THREE MINUTES TO SPEAK. AT THIS TIME, WE HAVE NOBODY ASSIGN... SIGNED UP. THE CONSENT AGENDA.

[CONSENT AGENDA]

ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION UNDER SEPARATE... WITHOUT SEPARATE DISCUSSION.

IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.

IS THERE A REQUEST OR A MOTION? >> MOVE TO APPROVE.

>> SECOND. >> THE MOTION TO APPROVE, SECONDED. PLEASE VOTE.

ITEM PASSES. 7-0.

[2023-008]

PUBLIC HEARING. OPEN ITEM 2023-00 #.

CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE ADMITTING THE URBAN VILLAGE PLANNED DEVELOPMENT ZONE OF APPROXIMATELY .3 ACRES. THE CITY OF MIDLOTHIAN, ELLIS COUNTY. IN REFERENCE TO THE AMENDMENTS TO THE SITE PLAN, THE PROPERTY IS GENERALLY LOCATED AT 209

SOUTH FIFTH STREET. >> GOOD EVENING.

WITH THIS REQUEST, IT IS FOR AN AMENDMENT TO AN EXISTING PLAN DEVELOPMENT ZONING DISTRICT. IT IS ALSO WHAT WE CALL AN URBAN VILLAGE PR P.D. IT IS JUST A P.D.

IS LOCATION IS 209 SOUTH FIFTH STREET.

THAT WOULD BE... I DIDN'T GIVE YOU A LOCATION MAP YET.

SOUTH OF AVENUE H, WEST OF SOUTH FIFTH STREET.

EAST OF MIDLOTHIAN. THE ELEMENTARY.

[00:10:04]

SORRY? THAT IS LOCATION.

THERE IN THE HATCH. WITH THIS REQUEST, THE APPL APPLICANT, THE CURRENT BUSINESS THAT'S BEEN THERE IS A REALTY OFFICE, A BROKERAGE. AND THIS IS LABELED AS EXISTING RESIDENCE. IT IS USED FOR THE BUSINESS OFFICE. AND BACK HERE IS THE NEW ADDITION. THIS PATTERNED AREA WOULD BE NEW CONCRETE FOR THE PARKING. ONE THING TO KNOW IS THAT THE LOT COVERAGE REQUIREMENTS THAT WE WOULD HAVE FOR THE P.D.

CURRENTLY WERE AROUND 45%. IF YOU WERE TO PROVE THIS AS SHOWN WITH THE ADDITION AND ALL OF THE CONCRETE WORK, YOU ARE AT 72% LOT COVERAGE. IT IS SURROUNDING AREA WITH ITS STRAIGHT ZONING OF R-3 WHICH IS ONE OF THE OLDER KIND OF DEFUNCT ZONING DISTRICTS WOULD HAVE HAD A CAP AT 60%.

BUT BEING AT 72% WOULD NOT BE UNHEARD OF.

WE HAVE A FEW INSTANCES OF BEING IN THAT 70 TO 75% LOT COVERAGE MORE RECENTLY IN OUR ORIGINAL TOWN AREA.

THE PROPERTY, THE EXISTING RESIDENCE IS 1,576 SQUARE FEET.

WITH THE ADDITION, IT WILL BE 2,845 TOTAL.

ON THE PARKING, I APOLOGIZE I HAD AN ERROR ON YOUR REPORT.

I SAID IT WAS 14 SPACES. IT WAS ACTUALLY 13.

IT WOULD NOT EXCEED THAT MAX. YOU WOULD SATISFY THE MAXIMUM REQUIREMENT AND NOT EXCEED THE 25% CAP.

AND... WELL, I'M JUMPING AHEAD OF MYSELF.

NOT THAT ZONING GOES INSIDE, BUT I WANT TO GIVE YOU AN IDEA OF WHAT'S GOING ON. SO WITH THE ORIGINAL AREA HERE, THIS IS HOW THEY HAVE BEEN OPERATING THIS AS THEIR OFFICES.

THE ADDITION WOULD PROVIDE A CONFERENCE ROOM FOR NEW SMALL OFFICE SPACES. AGAIN, THIS IS A BROKERAGE, SO THERE IS REALTORS. NOT EVERYONE THERE IS THERE ALL THE TIME. THEY ARE OUT SHOWING HOUSES.

THEY ARE WORKING FROM HOME. THIS PROVIDES A PLACE FOR THEM TO OPERATE OUT OF. ALSO THIS... IN THIS AREA, THERE WOULD BE A PERG LA IN THE BACK OUTDOOR AREA WHERE THEY HAVE HAD SOME GATHERINGS, AS I UNDERSTAND IT.

PART OF THE REQUEST HERE WOULD GIVE THEM A PLACE INDOORS TO HAVE THOSE MEETINGS AS WELL AS BY PROVIDING THIS ADDITIONAL PARKING, IT WOULD ALLOW THEIR CLIENTS, THEIR EMPLOYEES TO PARK ON SITE. RATHER THAN HAVING TO PARK ON THE SIDE STREET. THIS IS AN EXAMPLE OF WHAT IT LOOKS LIKE AT THE MOMENT. SO TO GIVE YOU AN IDEA OF THE ELEVATIONS. YOU WOULDN'T SEE THE BACK ADDITION FROM THE FRONT. SO MUCH.

YOU WOULD NOTICE THAT THIS CARPORT GOES AWAY.

THERE WILL BE A NEW CARPORT THAT ATTACHES OVER HERE.

AND OF COURSE, THERE WOULD BE THAT CONCRETE WORK BACK TOWARDS THE REAR. THERE IS NOT GOING TO BE ALLEY ACCESS. THE FENCE STAYS THERE AND THE LANDSCAPING STAYS THERE. THIS IS THE ELEVATION.

AGAIN, THIS IS AN EXAMPLE OF WHERE THE CARPORT WOULD BE ATTACHED TO THE HOUSE. THE ELEVATION.

THE OTHER THING TO NOTE IS WITH THE FUTURE LAND USE PLAN IN THE DOWNTOWN PLAN IT WOULD GENERALLY STILL BE CONSISTENT WITH THE IDEA OF MIXED USES, HIS OR THE C CHARACTER, HISTORIC CHARACTER BEING AT LEAST THE IDEA THAT THE FRONT ELEVATION IS NOT CHANGING.

THIS ADDITION IS TO THE BACK ARCHITECTURALLY.

THE BUFFERS THAT WOULD BE MORE THE ISSUE OF THE FENCING, THERE IS AN EXISTING FENCE HERE WITH THE STONE COLUMNS.

AND THIS EXISTING FENCE, THERE WOULD BE SOME MINOR CHANGES TO THE LANDSCAPING TO ACCOMMODATE THE PARKING, AND AT P AND Z, THEY DID VOTE TO DENY. THE APPLICANT WAS UNABLE TO ATTEND THAT NIGHT TO SPEAK ON HIS OWN BEHALF.

THE OTHER THING IS A NEIGHBOR HAD EXPRESSED CONCERNS, AND THOSE CONCERNS SEEM TO BECOME OPPOSITION TO THE REQUEST.

THERE WAS CONCERN ABOUT PARKING DISCUSSED THAT NIGHT.

SINCE THAT TIME, IT IS MY UNDERSTANDING THAT THE APPLICANT AND HIS NEIGHBOR THAT HAD COME AROUND TO OPPOSITION HAS NOW COME INTO FAVOR IN SUPPORT OF HIS REQUEST.

SOUNDS LIKE THEY HAVE MANAGED TO WORK OUT WHATEVER ISSUES OR CONSIDERATIONS THEY NEEDED TO WORK OUT WITH EACH OTHER.

SO WE DID RECEIVE A LETTER OF SUPPORT FROM THAT NEIGHBOR.

[00:15:05]

I BELIEVE THE... MR. WORLEY IS HERE.

MR. ESCALANTEY. THEY ARE BOTH HERE TONIGHT.

YOU CAN HEAR DIRECTLY FROM THEM. AGAIN, STAFF IS RECOMMENDING APPROVE... APPROVAL. IT IS CONSISTENT WITH THE PLANS.

IT SEEMS TO BE CONSISTENT WITH OUR HISTORY OF OTHER ZONING CHANGES. AND YES, P AND Z HAD VOTED TO DENY 5-0 WHEN IT WAS LAST HEARD. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. THE APPLICANTS ARE HERE.

>> FIRST WE HAVE ONE SPEAKER. AND PLUS THE APPLICANT.

MR. WORLEY. IF YOU WOULD COME.

GIVE US YOUR NAME, PLEASE. AND THE THREE MINUTES.

>> OKAY. YES, SIR.

BOBBY WORLEY. 317 SOUTH FIFTH STREET ADJACENT TO THE PROPERTY TO THE SOUTH. AND YES, ME AND MY WIFE ATTENDED THE PLANNING AND ZONING MEETING. WE EXPRESSED OUR CONCERNS WE HAD AT THAT TIME. AFTER THAT MEETING, WE DID MEET WITH THE PROPERTY OWNER, MR. ESCALANTE AT THE PROPERTY.

AND WE DISCUSSED WHAT OUR CONCERNS WERE, AND THOSE CONCERNS WERE RELIEVED, SO WE DON'T HAVE ANY OPPOSITION TO WHAT THE PLAN IS NOW. THE STREET VIEW IS GOING TO REMAIN SAME. THAT WAS ONE OF MY PRIMARY CONCERNS. KEEPING THE NEIGHBORHOOD AESTHETIC, THE SAME. AND THE OVERCROWDING OF THE PARKING AND THE EXCESSIVE VEHICLES ON THE PROPERTY.

IT IS ONLY ONE OR TWO DAYS A WEEK.

I MEAN, A MONTH. THE OTHER CONCERN WAS THE POSSIBILITY OF EXPANDING THE NUMBER OF VEHICLES.

THAT IS NOT THE CASE. SO THAT IS A GOOD THING.

AND THEY HAVE BEEN VERY GOOD NEIGHBORS.

THEY ARE ONLY THERE DURING THE WEEK.

DURING BUSINESS HOURS. AND NIGHTS AND WEEKENDS, IT IS NOT A PROBLEM. AND WE ARE FULLY BEHIND THEIR EXPANSION PLANS. IF I COULD ANSWER ANY QUESTIONS.

>> COUNCIL? THANK YOU, MR. WORRELL.

WOULD THE APPLICANT LIKE TO SPEAK AT THIS TIME?

>> I DON'T REALLY HAVE A LOT TO SAY OTHER THAN I WASN'T ABLE TO BE AT THE P AND Z MEETING. IT WAS MY UNDERSTANDING THAT THEY WERE GOING TO BE IN FAVOR OF IT UNTIL THERE WAS OPPOSITION FROM MY NEIGHBOR. IF THERE IS ANY QUESTIONS YOU GUYS HAVE, ABOUT THE REMODEL. COUNCIL? ANY QUESTIONS? COUNCIL, YOU HAVE QUESTIONS OF

STAFF? >> MY ONLY QUESTION IS, IS THE SETBACKS, I GUESS, CONSISTENT WITH THE MODEL? THERE IS NO SETBACKS HERE. I ASSUME THERE IS A P.D.

THE ONLY REASON I ASK IS THAT ON THE SURVEY, PRETTY CLOSE TO THAT FENCE, IT LOOKS LIKE IN THE BACK, I DON'T KNOW HOW MANY FEET

THAT IS. >> I APOLOGIZE.

I THOUGHT IT WAS ABOUT FIVE FEET WHICH WOULD BE A STANDARD MINIMUM SETBACK IN SOME DISTRICTS.

>> OKAY. >> AND THIS MAY BE MORE OF AN ENGINEERING QUESTION. I'M CURIOUS.

WHEN OFF LOT COVERAGE OF 75%, THAT MEANS THAT 75% OF THE LOT IS SHEDLING WATER OR MOVING WATER OFF TO GREEN SPACE.

IS THERE A WAY OR IS IT ENGINEERED TO FLOW WATER? I MEAN, 75% OF THE WATER GOING INTO THE NEIGHBOR'S YARD MIGHT

BE AN ISSUE LATER. >> MY UNDERSTANDING IS THAT IT

WOULD GO TOWARDS THE SOUTH. >> THOSE WERE MY TWO QUESTIONS.

>> I ONLY HAVE ONE QUESTION. DO YOU HAVE ANY CLARIFICATION AS TO WHY P AND Z VOTED UNANIMOUSLY OF THE PRESENT MEMBERS.

THAT DOESN'T HAPPEN VERY OFTEN, TO VOTE AGAINST SOMETHING SIMPLY BECAUSE THERE IS, YOU KNOW, CONFLICTING OPINION FROM A NEIGHBOR. ARE WE MISSING SOMETHING HERE?

>> WELL, I'M NOT SURE, BUT I GUESS MY PERCEPTION OF IT WAS THAT A LOT OF DISCUSSION, I THOUGHT WHAT I WAS HEARING, WAS

[00:20:01]

ABOUT THE TRAFFIC CONCERN WHICH SOME OF IT SEEMS LIKE IT IS RELATED ACTUALLY TO A BUSINESS NEXT-DOOR.

NOT NECESSARILY ALL COULD BE ATTRIBUTED TO MR. ESCALANTE.

AS THEY HAVE MENTIONED, AND MR. WORLEY MENTIONED, IT IS YOU KNOW, MAYBE TWICE A MONTH THEY HAVE THESE MEETINGS.

AND THEY ARE PARKING, WHERE THEIR PARK.

THE IDEA WOULD BE WITH THIS ADDITIONAL SPACE, IT KIND OF PROVIDES INDOOR SPACE FOR WHAT THEY ARE DOING OUTDOORS ALREADY MPLE TO SOME DEGREE. AND THEN THEY WOULD BE PROVIDING ADDITIONAL PARKING. THAT SHOULD ACCOMMODATE THIS CONCERN. AT LEAST FOR WHAT HE IS RESPONSIBLE FOR. AND HE IS FOLLOWING OUR PARKING

CODE. >> NOW, AT THAT POINT, MAYBE I DIDN'T MAKE IT WELL ENOUGH OR CLEAR ENOUGH.

MAYBE IT WASN'T COMPELLING ENOUGH.

I DON'T KNOW JUST BASED ON THE CONVERSATION THAT WAS HAD.

THAT PARKING TRAFFIC SEEMED TO BE WHAT I FELT I HEARD.

AS A CONCERN. >> THANK YOU.

>> IF THERE IS NO MORE QUESTIONS, I WILL TAKE A MOTION

TO CLOSE. >> I MOVE TO CLOSE.

>> SECONDED. >> PLEASE VOTE.

ITEM IS CLOSED. COUNCIL, DO YOU HAVE QUESTIONS OF STAFF? OR COMMENTS?

TAKE A MOTION, PLEASE. >> MAKE A MOTION TO APPROVE AS

PRESENTED. >> SECOND.

>> A MOTION TO APPROVE SECONDED. PLEASE VOTE.

ITEM PASSES 7-0. OPEN ITEM 2023-009.

[2023-009]

CONDUCT A PUBLIC HEARING AND CONSIDER AN ACT UPON AN ORDINANCE AMENDED AND RESTATING THE DEVELOPMENT AND USE REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NUMBER 78.

THE PROPERTY IS LOCATED AT 1630 NORTH HIGHWAY 67.

AND WE HAVE TWO SPEAKERS. >> SO WITH THIS REQUEST, IT IS FOR A BILLBOARD SIGN WITH ELECTRONIC MESSAGE CENTER ATTACHED TO IT. THE LOCATION IS NOTED.

1630 NORTH U.S. HIGHWAY 67. AND THIS IS LOCATED AT THE SELF-STORAGE SITE. THERE ARE EXISTING POLES THERE NOW, BUT JUST FOR CLARIFY,... CLARITY, THESE POLES WERE INSTALLED LATER AFTER THE ORIGINAL SIGN HAD BEEN TAKEN DOWN. THESE ARE POLE THAT IS WERE INSTALLED A COUPLE YEARS AGO. AND IF YOU WERE TO APPROVE THE REQUEST, JUST AN IMPORTANT NOTE, THE POLES WERE NEVER PERMITTED OR INSPECTED. WE HAVE NO ENGINEERING REPORT ON THEM. IF YOU WERE TO APPROVE THIS, THAT DOESN'T WAIVE THAT RESPONSIBILITY.

IT WOULD JUST ALLOW THE USE OF THAT SIGN.

SO THEY WOULD STILL NEED TO PROVIDE THE ENGINEERING REPORT AND GET PERMITS AND INSPECTIONS TO ADDRESS THAT ISSUE.

OUR STANDARD ORDINANCE WOULD PROHIBIT BILLBOARDS EXPLICITLY.

THE POLE SIGNS HAVE A MAX HEIGHT LIMIT OF 25 FEET.

THE APPLICANT IS ASKING TO GO UP TO 45 FEET.

AN ELECTRONIC MESSAGE CENTER IS SUPPOSED TO BE LESS THAN 32 SQUARE FEET. HE IS ASKING FOR 429.

AS YOU CAN SEE, THERE IS QUITE A FEW DEVIATIONS FROM THE CODE THAT HE IS ASKING FOR. THIS IS THE SITE, AND LOCATION OF THE SIGN WOULD BE OVER HERE IN THE CORNER.

BETTER VIEW HERE ON THE SITE PLAN.

AGAIN, SHOWING THE SIGN. THIS IS A MOCK-UP OF WHAT THE SIGN WOULD LOOK LIKE. SO TOTAL HEIGHT, 45 FEET.

THIS IS TEN FEET MORE THAN THE LAST TIME HE DID REQUEST... THE LAST TIME IT WAS 35 FEET. NOW IT IS 45.

THE SIGN FACE, WE WILL CALL THAT 12 FEET BY 40 FEET.

FOR SIMPLICITY. IT WOULD HAVE... HE IS PROPOSING A STONE-STUCCO FINISH. LANDSCAPING UP THE BASE.

THOSE PARTS WOULD BE CONSISTENT WITH THEIR SIGN CODE.

STAFF IS RECOMMENDING DENIAL PRETTY MUCH FOR EVERYTHING THAT I JUST WENT THROUGH LISTING. AND P AND Z VOTED TO DENY THIS BACK IN NOVEMBER. 7-0.

I WOULD ALSO NOTE THAT THE APPLICANT MR. HUNT HAS A VIDEO.

HE WOULD LIKE TO, AT SOME POINT, DURING THIS HEARING, PLAY FOR Y'ALL. I BELIEVE THAT IS READY.

I WILL LET THE MAYOR SAY WHEN, WHEN TO PLAY THAT.

AND WITH THAT, I WOULD BE HAPPY TO TAKE ANY QUESTIONS.

>> WE HAVE TWO SPEAKERS. WE WILL HEAR FROM THEM FIRST.

WE WILL GIVE APPLICANT AN OPPORTUNITY.

[00:25:01]

THEN WE WILL COME BACK TO STAFF. SO JUDE WILSON? YOUR NAME AND ADDRESS AND YOU HAVE THREE MINUTES.

>> OKAY. MY NAME IS JUDY WILSON.

I LIVE IN LOXAHATCHEE. FOR SIX AND A HALF YEARS, I HAVE PROMOTED SMALL BUSINESSES. THAT IS WHY WE ARE HERE.

THAT IS WHY DOUG DOES WHAT HE DOES.

IT IS EVER INCREASINGLY HARD FOR SMALL BUSINESSES TO SURVIVE.

THERE HAS TO BE A PROMOTION THAT COMES WITH THAT.

AND JUST LIKE IN RED OAK WITH DOUG'S SIGN, HE GIVES TO THE COMMUNITY. HE LETS THE COMMUNITY PUT WHAT THEY WANT ON THERE TO GET THE MESSAGE OUT.

NOT EVERYBODY IS ON SOCIAL MEDIA, AND I UNDERSTAND THAT.

THAT IS WHAT I DO ALSO IN REFERENCE TO PROMOTING THE SMALL BUSINESSES THAT I DO. BUT DOUG IS THE ONE TO POLICE THIS. WE ARE ALL ABOUT FAMILY-FRIENDLY. WE ARE ALL ABOUT COMMUNITY.

I THINK THAT THIS WOULD CONTRIBUTE TO MIDLOTHIAN.

ESPECIALLY AS IT GROWS. I HAVE SEEN A LOT THAT IS CO COMING, AND IT IS NOT GOING TO STOP.

PEOPLE NEED TO KNOW ABOUT THE SMALL BUSINESSES.

THEY NEED TO KNOW WHAT'S GOING ON IN THE COMMUNITY, AND THIS IS ABSOLUTELY ONE OF THE WAYS TO DO IT.

THANK YOU. >> THANK YOU.

ALYSSA SNOOK. >> GOOD AFTERNOON.

MELISSA SHOOK. I'M REPRESENTING THE MIDLOTHIAN CHAMBER OF COMMERCE. I'M TALKING TO YOU IN SUPPORT OF THE BILLBOARD FOR MR. HUNT. I THINK IT IS A GREAT ASPECT, A GREAT THING THAT THE COMMUNITY CAN BRING OFF OF 67.

IT SUPPORTS OUR SMALL BUSINESSES.

WE HAVE A LOT OF BUSINESSES THAT WANT TO ADVERTISE.

THIS IS A GREAT WAY FOR THEM TO SHOWCASE WHAT THEY HAVE, WHAT THEY HAVE TO OFFER. DOUG HAS BEEN A BIG ADVOCATE FOR THE CHAMBER, A BIG ADVOCATE IN SUPPORT FOR SMALL BUSINESS.

I THINK THIS IS A GREAT WAY TO HELP EACH ONE OF US.

IT ALSO HELPS WITH OUR EVENTS FOR THE CHAMBER AS WELL.

WHEN WE HAVE WINE AND ARTS COMING UP IN APRIL, IT SHOWCASES OUR EVENTS OFF OF 67 FROM PEOPLE COMING.

FROM JOHNSON COUNTY COMING INTO DALLAS.

THOSE THAT ARE COMING OUTSIDE OF DALLAS, COMING IN.

IT IS A GREAT WAY FOR THEM TO... FOR US TO SHOW WHAT WE HAVE GOING ON, WHAT THE CITY HAS GOING ON.

IT IS ALSO A GREAT ADVERTISING DOLLARS FOR FUND-RAISING.

FOR US AS A CHAMBER. HE WOULD DONATE ADVERTISING FOR HIS BILLBOARDS AT OUR CHAMBER AUCTION WHICH I DID.

ONE TIME. IT WAS A GREAT THING FOR MY BUSINESS. I AM IN SUPPORT.

I'M SPEAKING TO MANY BUSINESSES IN MIDLOTHIAN.

THEY WOULD LOVE TO ADVERTISE WITH HIM.

THEY WOULD LOVE TO SHOWCASE THEIR BUSINESS IN MIDLOTHIAN.

WITH IT BEING OUTSIDE OF TOWN ON 67; I DON'T THINK IT IS A VERY BIG EYESORE. I THINK IT IS A GREAT AD AND A GREAT ASSET TO THIS COMMUNITY. I THANK YOU FOR YOUR TIME.

>> THANK YOU. >> WOULD THE APPLICANT, MR. HUNT, LIKE TO PRESENT IT THIS TIME?

>> ... PRESENT AT THIS TIME? >> CAN WE SHOW THE VIDEO?

>> PLEASE. ♪

>> MIDLOTHIAN IS GROWING, AND WE WANT THE LOCALLY OWNED SHOPS, RESTAURANTS, AND BUSINESSES IFST THAT ARE THE HEART AND SOUL OF OUR COMMUNITY TO GROW WITH IT.

HI. I'M DOUG HUNT.

OWNER OF ACCESS SELF-STORAGE. I BELIEVE OUR HOMETOWN BUSINESSES ARE FACING A CHALLENGE.

LOCATED IN THE DOWNTOWN AREA AND AT OTHER LOCATIONS ALONG OLD 287. THESE BUSINESSES FORM THE CORE OF OUR LOCAL ECONOMY AND OFFER THE UNIQUE CULTURE AND AMENITY THAT IS GIVE OUR TOWN ITS CHARACTER.

TODAY NEWS AND INFORMATION SOURCES ARE FULL OF REPORTS OF THE PROFOUND EFFECT THAT BIG BOX RETAILERS ARE HAVING ON SMALLTOWN BUSINESSES. FORCING THEM OUT IN RECORD NUMBERS. WITH ALL THE NEW DEVELOPMENTS AND FRANCHISES POPPING UP ON THE NEW HIGHWAY 287 BYPASS AND ALONG HIGHWAY 67, OUR BUSINESSES ARE FACING A DIFFICULT COMPETITIVE ENVIRONMENT. TODAY THEY HAVE TO COMPETE FOR LOCAL CONSUMER SPENDING AGAINST LARGE NATIONAL CHAINS AND BIG BOX RETAILERS WITH HUGE ADVERTISING RESOURCES.

AS A COMMUNITY, IT IS OUR RESPONSIBILITY TO HELP PRESERVE THE CULTURE AND CHARACTER OF OUR HOMETOWN BY DOING WHATEVER WE CAN TO KEEP VISITORS COMING TO OUR LOCALLY OWNED STORES, RESTAURANTS, AND BUSINESSES. AND WE HAVE AN IDEA... IDEAL WAY TO DO JUST THAT. INTRODUCING MIDLOTHIAN'S FIRST

[00:30:01]

DIGITAL MESSAGE CENTER. A 40-FOOT BY TEN-FOOT DISPLAY TO BE BUILT IN A HIGHLY VISIBLE LOCATION IN MIDLOTHIAN'S NORTHERN GATEWAY ON HIGHWAY 67 NEAR NINTH STREET.

VISIBLE TO BOTH NORTH AND SO SOUTHBOUND TRAFFIC.

THE MESSAGE CENTER WILL ALLOW LOCAL BUSINESSES TO GET THE WORD OUT TO NEARLY 50,000 CARS THAT PASS BY DAILY.

THIS ARCHITECTURE WILL BE IN KEEPING WITH THE CITY'S HIGH STANDARDS, USING QUALITY MATERIALS AND LANDSCAPING TO CREATE AN ATTRACTIVE DISPLAY. THE SCREEN WILL FEATURE HIGH DEFINITION STATE-OF-THE-ART DAYLIGHT VISIBLE DIGITAL TECHNOLOGY THAT WILL DISPLAY MESSAGES IN VIVID COLOR WITH IMAGE QUALITY THAT COMMANDS ATTENTION FROM THE FREEWAY.

OUR ROTATING MESSAGE MODEL WILL ALLOW LOCAL MERCHANTS TO POST THEIR MESSAGES AT VERY AFFORDABLE RATES.

AND EVEN USE THE MESSAGE CENTER ON A 50% SHARED BASIS, MAKING IT DOUBLY AFFORDABLE OR VIRT VIRTUALLY... FOR VIRTUALLY MISSY BUSINESS. A PORTION OF THE DISPLAY TIME WILL BE PROVIDED AT NO COST TO PROMOTE LOCAL CIVIC EVENTS, PROJECTS, SCHOOL ACTIVITIES, FUND-RAISERS AND MORE.

THE MESSAGE CENTER WILL ONLY BE USED TO PROMOTE LOCAL BUSINESSES AND EVENTS. NO OUT-OF-TOWN FRANCHISES OR NATIONAL PRODUCT ADS WILL BE SHOWN.

AND IN TODAY'S COMPETITIVE BUSINESS ENVIRONMENT, IT IS VERY IMPORTANT TO PROTECT AND SUPPORT THE BUSINESSES WHOSE UNIQUE QUALITIES MAKE OUR COMMUNITY STAND OUT.

THIS DIGITAL MESSAGE CENTER WILL DO JUST THAT BY REACHING THOUSANDS OF PEOPLE AND BUILDING TRAFFIC TO OUR LOCAL HOMETOWN BUSINESSES. IT WILL PROVIDE ADDITIONAL TAX REVENUE FOR THE CITY AND BE A GOOD INVESTMENT IN THE HEALTH AND FUTURE OF MIDLOTHIAN. OUR TOWNSPEOPLE WORK HARD TO ATTRACT BUSINESSES TO MIDLOTHIAN.

AND TO MAKE IT A COMMUNITY THAT OFFERS CONSUMERS A HOMETOWN SHOPPING EXPERIENCE AND A CULL CULTURE THAT REFLECTS THE CHARACTER OF OUR COMMUNITY. STUDIES SHOW THAT OUR CITIZENS WANT MIDLOTHIAN TO REMAIN A COMMUNITY WITH A UNIQUE SMALLTOWN CULTURE AND THE VALUES AND BENEFITS THAT COME WIT.

THAT IS WHY PEOPLE MOVE HERE. RAISE THEIR KIDS HERE.

AND GROW THEIR BUSINESSES HERE. AND IT IS UP TO US TO HELP PROVIDE A LEVEL PLAYING FIELD SO THAT THESE SMALL BUSINESSES CAN THRIVE. THIS NEW DIGITAL MESSAGE CENTER WILL BE A VERY AFFORDABLE AND EFFECTIVE WAY TO DO THAT.

PLEASE JOIN US IN SUPPORTING OUR HOMETOWN BUSINESSES AND HELP SECURE THE FUTURE OF OUR COMMUNITY BY APPROVING THE FIRST MIDLOTHIAN DIGITAL MESSAGE CENTER.

THANK YOU. >> SO THAT PRETTY WELL STATES WHAT... I'M DOUG HUNT. 610 CREEK VIEW.

THAT PRETTY WELL STATES WHAT WE ARE SEEKING TO DO.

>> NAME FOR THE RECORD, PLEASE. >> DOUG HUNT.

ACCESS ALL-STORAGE. >> INTERMISSION MUSIC.

>> A LITTLE MOOD MUSIC, I GUESS. SO WHAT WE WANT TO DO IS HELP PROMOTE THE LOCAL BUSINESSES. WE ARE NOT SEEKING TO GET ANY OF THE BIG NATIONAL CORPORATIONS. WE JUST WANT LOCAL BUSINESSES TO BE ABLE TO ADVERTISE AND ADVERTISE EFFECTIVELY.

WHAT WE ARE PROPOSING AND I'LL JUST READ THIS IS WE ARE GOING TO... TO INCLUDE IN THE P.D. ORDINANCE, THE FOLLOWING LANGUAGE. ELECTRONIC MESSAGE CENTER WILL BE LIMITED TO ADVERTISING FOR LOCAL COMMERCIAL BUSINESSES, GOVERNMENT ENTITIES, AND COMMUNITY ORGANIZATIONS.

AS AN OWNER OF THE PROPERTY, I'M REPRESENTING TO THE CITY THATLY FOREVER WAIVE ANY LEGAL RIGHTS THAT I MIGHT HAVE TO CHANGE THIS P.D. LANGUAGE. IN ADDITION, I WILL INCLUDE IN THE PURCHASE CONTRACT IF THE PROPERTY IS UP FOR SALE, A PROVISION STATING THAT THE PROSPECTIVE PURCHASER WILL BE REQUIRED TO WAIVE THOSE LEGAL RIGHTS AS WELL.

IN ADDITION, WE ARE WILLING TO INCLUDE THESE PROVISIONS AND RESTRICTIONS. I HAVE NEVER SOLD ANY OF THE PROPERTIES THAT I HAVE DEVELOPED.

IF THAT MATTERS. >> ANY QUESTIONS?

>> THE ONLY QUESTION I HAVE IS WHY YOU DECIDED TO GO FROM THE OLD 35-FOOT HEIGHT TO THE NEW 45-FOOT HEIGHT.

>> WE ARE JUST SEEKING BETTER VISIBILITY ON 67.

IT HAS A HILL UP THERE. >> WOULD YOU BE OPPOSED TO A

35-FOOT HEIGHT? >> IF THAT IS WHAT WE NEED TO DO, WE WOULD. BUT OBVIOUSLY, 45 FEET GETS US

BETTER VISIBILITY. >> I UNDERSTAND.

[00:35:02]

>> IT IS DOUBLE-SIDED? >> YES, MA'AM.

>> OKAY. CAN YOU TELL ME MORE ABOUT YO YOUR... IT WAS MENTIONED YOUR RED OAK SIGN.

YOU ARE DOING THIS NOW IN RED OAK?

>> WE JUST DO ADVERTISING FOR OUR OWN FACILITY ON THAT SIGN.

I DO HAVE A SIGN UP ON HIGHWAY 67 IN DALLAS.

WE DO COMMUNITY WORK UP THERE. IT IS IN THE OAK CLIFF AREA.

IF YOU DRIVE UP 67 GOING UP TO DALLAS.

YOU SEE IT THERE. YOU KNOW, WE DO THINGS FOR THE FOOTBALL TEAM WHEN THEY WIN THE CHAMPIONSHIPS.

I PUT A MESSAGE UP THERE FOR A QUITE A FEW PEOPLE.

WE RUN ADS FOR AN ORGANIZATION WHEN THEY DO THEIR ANNUAL LEGISLATIVE SESSION IN AUGUST. WE HAVE ADVERTISED THE SCHOOL.

HAD TEACHER OF THE YEAR, THINGS LIKE THAT.

>> I HAVE A QUESTION FOR JOE. I CAN WAIT.

IF WE NEED TO... SO THE LANGUAGE THAT HE READ O OFF, IS IT CURRENTLY IN THE ORDINANCE, IN OUR PACKET? OKAY. WHAT WAS READ, IS THAT... I THEY LOT OF THE QUESTION IS AROUND, LIKE, THE LONGEVITY OF IT.

LIKE, DOES THAT... YEAH. DOES IT HAVE TEETH?

HOW DOES THAT WORK? >> WE HAD DISCUSSED THIS.

I DON'T REMEMBER. I REMEMBER HAVING THIS

DISCUSSION BEFORE. >> A YEAR AGO.

>> AS FAR AS HAVING DIEDRE STRIKS LANGUAGE IN THERE, HE IS STATING WHAT THE CONTENT IS THAT WILL BE ON THIS.

WE CANNOT REGULATE THE CONTENT. BOTTOM LINE.

WE CAN'T REGULATE THE CONTENT. OBVIOUSLY, THROUGH DEED RESTRICTIONS, RESTRICTIONS CAN BE PLACED ON THE PERSON THAT IS GOING TO SELL THE PROPERTY OR PURCHASE THE PROPERTY.

WE, THE CITY, CANNOT REGULATE THE CONTENT THAT GOES ON THAT BILLBOARD. WE BELIEVE WE CANNOT DO THAT.

>> FOR CLARIFICATION, WE CAN'T REGULATE DEED RESTRICTIONS

EITHER. >> NO.

>> THAT IS THE MOST TEETH YOU CAN GET IN SOMETHING.

I WANTED TO CLEAR THAT UP. WE WON'T BE THE ONES CHECKING

THAT OUT. >> BUT SOMEBODY ON THE OUTSIDE

CAN HAVE RESTRICTIONS ENFORCED. >> DEFINITELY.

>> JOE, WHO WOULD BE THE INTERESTED PARTY TO BRING THE DEED RESTRICTION COMPLAINT? .

>> THAT WOULD BE... IT COULD BE ANYONE.

ANYONE CAN ENFORCE THE DEED RESTRICTIONS.

>> SO FUTURE... >> WE COULDN'T ENFORCE THE DEED RESTRICTIONS... WE CANNOT HAVE RESTRICTIONS THAT WE, THE CITY CAN ENFORCE AS IT RELATES TO CONTENT OF WHAT'S ON THAT

SIGN. >> SO IN THE FUTURE, SAY YOU SELL THE PROPERTY AND ADVERTISEMENTS GO UP THAT THE COMMUNITY DOESN'T LIKE, THE CITY CANNOT GO... CORRECT.

>> AND ENFORCE IT. A COMMUNITY MEMBER CAN SAY, HEY, THEY WOULD HAVE TO... YEAH. THEY COULD MAKE A COMPLAINT

ABOUT IT. >> AND THEN DON'T ASK ME THE SUCCESSFULNESS OF THE ENFORCEMENT OF THOSE.

WE HAVE NEVER HAD TO DO THAT. IT IS TEETH.

IT IS THE MOST TEETH YOU ARE GOING TO GET FOR THIS TYPE OF, YOU KNOW... FOR THIS TYPE OF ADVERTISING.

WE ARE TRYING TO REGULATE ADVERTISING.

>> I HATE TO BE THE ONE TO SAY WHAT IF IT CAME BACK, BUT IS THERE ANOTHER VEHICLE WITHIN OUR ORDINANCES THAT WOULD CARRY MORE

TEETH? >> WE, THE CITY, CANNOT PUT FORTH AN ORDINANCE, WHETHER IT IS AN SUP, AS IT RELATES TO CONTENT OF WHAT GOES ON SIGNS. SO WHETHER IT IS HIS BILLBOARD OR WHETHER WE ALLOW ANY OTHER BILLBOARDS THROUGHOUT THE CITY, UNLESS IT IS OUR OWN, ONLY. WE CANNOT REGULATE CONTENT.

THE SUPREME COURT OF THE UNITED STATES HAS SPOKEN CLEARLY ON THAT. MUNICIPALITIES CANNOT REGULATE CONTENT AS IT RELATES TO SIGNS. WE CAN REGULATE, YOU KNOW, THE INTERVALS AND ANYTHING. FLASHING LIGHTS, THE HEIGHT.

THE SIZE OF THE BILLBOARDS. NOT THE CONTENT OF WHAT'S ON

THERE. >> SO DOUG, MY NEXT QUESTION, SIR, IS FOR YOU. YOU HAVE BEEN TO EVERY CHAMBER EVENT. I HAVE SEEN YOU AT ALL KINDS OF APPRECIATION EVENTS AND DIFFERENT THINGS AROUND THE CITY FOR YEARS. SO I DON'T QUESTION YOUR CHARACTER AND MOTIVES. BUT WHAT SHOULD WE DO, AND I KNOW... YOU WERE, I'M NOT SURE IF Y YOU STILL ARE INVOLVED IN E

CITY COUNCIL. >> I STILL AM.

>> WHAT IS YOUR OPINION ON HOW WE, AS A CITY, MIGHT HANDLE THE NEXT OWNER OF THE PROPERTY, GIVEN THE FACT THAT WE CANNOT

REGULATE WHAT GOES ON? >> IF WE PUT THESE

[00:40:03]

DEED RESTRICTIONS IN PLACE AND THE NEXT OWNER PUTS OBJECTIONAL OBJECTIONABLE ADS UP, YOU TAKE THEM TO COURT.

YOU HAVE DEED RESTRICTIONS IN H.O.H.

THE CITY DOES NOT ENFORCE THOSE. THE HOME OWNER'S ASSOCIATION OR INDIVIDUAL CITIZENS ENFORCE THEM.

>> THIS MIGHT BE A STAFF QUESTION.

SCOTTER'S COFFEE, WE HAD IT WHERE THEY HAD TO BULLDOZE THAT BUILDING AT THE CHANGE OF OWNERSHIP OR SALE.

WHAT WAS THAT? >> THAT WAS A SPECIFIC USE

PERMIT, I BELIEVE. >> THIS IS A PLANNED

DEVELOPMENT. >> OKAY.

I WAS TRYING TO FIGURE OUT WHAT MECHANISM WE USED.

>> CAN WE REWRITE THIS UNDER AN SUP?

>> NO. YOU DON'T HAVE THE AUTHORITY

UNDER THE CODE RIGHT NOW. >> THAT IS WHAT I'M SAYING.

IF WE CHANGE THE CODE, CHANGE THE USE OF AN SUP TO ALLOW FOR SAID SITUATION AND THEN ADD THE STIPULATION OF THE REMOVAL OF THE SIGN AND TRANSFER OF OWNERSHIP.

>> YOU ARE GOING TO BE OPENING YOURSELF UP TO ALLOWING SUP'S FOR BILLBOARD SIGNS. PERIOD.

>> YOU KNOW HOW I FEEL ABOUT SUP'S.

>> SO NEXT QUESTION. THE BRIGHTNESS OF THE SIGN, HOW

IS THAT HANDLED? >> IT DIMS DOWN AUTOMATICALLY.

>> WHAT? IT DIMS AUTOMATICALLY BY HOURS?

>> WHEN IT GETS DARK. >> OKAY.

RIGHT. >> I MUST SAY I DON'T HAVE AN OVERREACHING CONCERN ABOUT THE SIGN.

I VOTED FOR IT THE LAST TIME. I WILL ACKNOWLEDGE THE POTENTIAL FOR, YOU KNOW, NEGATIVE IMPACT OVER TIME.

BUT THERE IS SIGNS EVERYWHERE AND IN GENERAL, I WOULDN'T SAY THEY CAUSE TOO MUCH OF A CIVIL DISRUPTION ACROSS THEIR USAGE.

THAT IS KIND OF WHERE I'M GOING TO LAY.

>> WE HAVE BEEN TALKING AGAINST SIGNS FOR MANY YEARS.

ESPECIALLY BILLBOARDS. PROHIBITING BILLBOARDS.

AND HE IS ASKING FOR A BILLBOARD.

HE WANTS TO INCREASE THE HEIGHT. THE MAXIMUM HEIGHT IS THIS.

HE WANTS TO INCREASE THAT BY 8 # 0%.

THE WHOLE THING, EVERYTHING IS OUT OF OUR ORDINANCES.

>> ARE THERE ANY MORE CONDITIONS FOR THE APPLICANT? ... QUESTIONS FOR THE APPLICANT? THANK YOU, MR. HUNT.

>> THANK YOU FOR YOUR TIME. >> COUNCIL, DO WE HAVE QUESTIONS

FOR STAFF? >> A PUBLIC HEARING.

>> I WILL TAKE A MOTION TO CLOSE THE OPEN HEARING.

>> I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION TO CLOSE, SECONDED.

PLEASE VOTE. ITEM IS CLOSED.

COUNCIL, DISCUSSION? COMMENTS? AND PLEASE, I HAVE A COMMENT AT SOME POINT.

NO RUSH TO DO A MOTION. >> YOU POINTING AT ME?

>> NO. >> OKAY.

I'M SORRY. I WASN'T SURE WHICH ONE OF US.

ON THIS PARTICULAR ISSUE, I FIND MYSELF ALMOST SPLIT DOWN THE MIDDLE OR WAS. ON ONE HAND, WHEN WE GO INTO UNCERTAIN ECONOMIC TIMES, OR HARDSHIPS, ONE OF THE ONES THAT WE ARE CAUSING ON OUR OWN WHICH WOULD BE THE CITY HALL, WHICH IS DEFINITELY GOING TO HARM DOWNTOWN BUSINESSES, JUST BECAUSE OF PARKING. AND DEFINITELY COULD USE THE EXTRA ADVERTISING HELP. ON THE OTHER HAND, I DRIVE INTO OTHER CITIES THAT AREN'T OURS. I ABSOLUTELY HATE ALL THE BILLBOARD SIGNS. I DON'T KNOW IF SIGN POLLUTION IS A TECHNICAL TERM. I'M GOING TO CALL IT SIGN POLLUTION. I'M GRATEFUL, THOUGH, THAT WE LIVE IN A CITY THAT DOESN'T HAVE THAT.

THAT IS WHY I FIGHT FOR THE 55-FOOT LIMIT ON THE MOST INDUSTRIAL CASES. I TRY TO HOPEFULLY, PROTECT THE ATMOSPHERE IN MIDLOTHIAN. HOWEVER, IN THIS CASE, I DO FIND MYSELF LEANING MORE TOWARDS MR. HUNT AND THE FACT THAT THIS WILL HELP THE SMALLTOWN BUSINESSES IN DOWNTOWN THAT ARE DEFINITELY GOING TO BE STRUGGLING IN THE NEXT 20 OR SO MONTHS THROUGH CONSTRUCTION. THE ONLY THING, AS IT RELATES TO THIS ZONING, THAT I AM TORN ON, IS THE DIFFERENT IN HEIGHT.

DIFFERENCE IN HEIGHT. I DON'T KNOW IF TEN FEET MAKES A HUGE DIFFERENCE TO THE REST OF THE COUNCIL.

I DON'T KNOW IF SOMEONE HAS A PREFERENCE.

THAT SHOULD PROBABLY PLAY INTO THE CONVERSATION.

>> WALTER? >> I SUPPORT CAPPING THE HEIGHT

[00:45:03]

AT THE 35 INSTEAD OF MOVING IT UP TO 45.

THAT IS REALLY MY ONLY QUALM WITH IT.

GIVEN THE REALITY OF THE SITUATION.

>> DO YOU CARE TO COMMENT ABOUT THE SQUARE FOOTAGE OF THE SIGN?

>> NO. NO ISSUE.

>> OKAY. >> ANNA?

>> YOU WANT TO GO? >> GO AHEAD.

I'M SORRY. >> I JUST... I DON'T HAVE A PROBLEM WITH IT. I LOOK AT IT AS FANCYING UP 67 WHICH I THINK NEEDS SOME HELP. OUR GATEWAY COMING IN.

NOW, IF THIS WERE LIKE THE 100TH OR TENTH DIGITAL SIGN, THE IDEA OF SETTING A PRECEDENT MIGHT BE A DIFFERENT CONVERSATION. JOE, I DON'T KNOW IF THAT IS A LEGAL CONVERSATION. I LIKE THE IDEA.

I HAVE LIKED IT EVER SINCE I SAW IT COME BEFORE IN NOVEMBER OF '21, WELL BEFORE I WAS EVEN UP HERE.

I LIKE THE IDEA OF THE SMALL BUSINESS SUPPORT.

I LIKE THE IDEA OF ADDING THE LANGUAGE TO THE ORDINANCE.

AROUND WITH THE DEED. I DON'T HAVE A PROBLEM WITH IT.

I LIKE IT. >> OFF COMMENT?

YOU HAVE A COMMENT? >> I HAVE KNOWN DOUG FOR SEVERAL YEARS NOW. DOUG IS A MAN OF INTEGRITY.

HE IS A MAN OF HIS WORD. LIKE MELISSA SHOWED WITH WHAT THE CHAMBER SAID. WE NEED TO SUPPORT SMALL BUSINESSES IN ANY WAY WE CAN. AND IF DOUG SAYS SOMETHING, I TAKE HIM FOR HIS WORD. I DON'T HAVE A PROBLEM WITH THE HEIGHT OR THE WIDTH OR THE WAY IT WAS PRESENTED.

>> THIS IS A TOUGH QUESTION, AND THERE IS A LOT OF GOOD, VALID POINTS. I STILL HOLD TO HISTORICALLY HOW THIS COUNCIL HAS PROCEEDED, AND WEIGHING IN THE BENEFIT AND ALL, AND AS A SMALL BUSINESS OWNER THAT HAD SIGN PROBLEMS, I STILL THINK WE SCHULZ HOLD TO HISTORICAL RESISTANCE TO SIGNS.

THIS IS ON THE GATEWAY. I'M AFRAID THIS WILL OPEN THE DOOR FOR MORE SIGNS AND ALL. UNLESS SOMEBODY ELSE HAS A

COMMENT, I WILL TAKE A MOTION. >> THIS DOES POSSIBLY SET PRECEDENT. YOU DO UNDERSTAND THAT.

WE WILL HAVE TO BATTLE IT DOWN THE ROAD.

>> THAT WAS THE COMMENT I WAS GOING TO MAKE.

THAT IS MY BIGGEST FEAR. SETTING PRECEDENT FOR FUTURE...

>> EVERY, EVERY PARAMETER HAS BEEN EXCEEDED HERE.

I WOULD LIKE TO REVISIT THIS BECAUSE THIS IS SETTING A PRECEDENT FOR THE FUTURE AND ALL.

AND... >> I JUST... A REGULAR PRINT BILLBOARD AND A DIGITAL BILLBOARD ARE TWO VERY DIFFERENT THINGS. SO TO ME, THE PRECEDENCE, YEAH, IF IT WERE A STANDARD BILLBOARD, THAT IS DIFFERENT.

BUT I DO... JOE, I WANT TO KNOW MORE, LIKE, ABOUT THE PRECEDENCE. IF SOMEONE ELSE COMES AND SAYS, I WANT TO PUT A DIGITAL SIGN HERE.

TO ME, IT IS ABOUT LOCATION AND THE HEIGHT.

>> CORRECT. THERE WILL BE AN ANALYSIS YOU WILL HAVE TO GO THROUGH. LIKE I SAID, THIS IS OPENING THE DOOR AND ALLOWING IT FOR ONE. YOU WANT TO MAKE SURE THAT WHEN YOUR DECISION IS BEING BASED, WHAT IS THE DECISION BEING BASED

UPON? >> SO YOU ARE... I DIDN'T MEAN

TO CUT YOU OFF. >> WHEN OFF STRICT PROHIBITION AGAINST IT, IT IS AN EASY ANALYSIS.

>> I WISH YOU WOULD HAVE SIDED WITH ME MULTIPLE TIMES OVER THE LAST TWO AND A HALF YEARS WHEN I CLAIMED SETTING A PRECEDENCE IN

OTHER ISSUES. >> THIS ISSUE IS DIFFERENT WITH THE FACT THAT... WHERE THE CITY CAN REGULATE.

THERE IS A SUPREME COURT PRECEDENT AS IT RELATES TO THE

CONTENT OF THESE. >> NO.

I'M WITH YOU. BUT ALLOWING A SIGN TODAY DOES NOT FORCE US TO ALLOW A SIGN TOMORROW.

REGARDLESS OF WHAT'S ON THE SIGN.

I JUST DON'T SEE IT. I HAVE MADE THAT COMMENT ABOUT DENSITY RATIOS AND PROPERTY USAGES AND REZONES.

WHATEVER. AND EVERY SINGLE TIME I HAVE ASKED ABOUT SETTING A PRECEDENT, IT'S BEEN TURNED DOWN.

I'M NOT SO MUCH CONCERNED ABOUT THE PRECEDENT.

I'M JUST CONCERNED ABOUT THE CASE IN FRONT OF US AT THIS TIME. THE INTENDED USES CHANGE.

WHETHER IT IS A BILLBOARD, A REAL ESTATE OFFICE THAT WE JUST APPROVED EXPANGS OF. IT WON'T ALWAYS BE A REAL ESTATE OFFICE. REAL QUICK, ONE THING I DID WANT

[00:50:02]

TO ASK THAT I FORGOT ABOUT. I SEE THESE THREE PICTURES IN OUR PACKET. AND ONE IS DATED 12-1-2015.

ONE IS DATED 1-29-2016. AND ONE IS DATED 4-27-2016.

IF MEMORY SERVES CORRECTLY, THERE WAS A SIGN THERE UP UNTIL AT LEAST 12-12015. AND I BELIEVE IT WAS DERELICT OR FAILING, AND THE PROPERTY OWNER, MR. HUNT, WAS GETTING MAINTENANCE DONE ON IT AND IS THAT ABOUT RIGHT, DOUG?

>> DOUG, IF YOU ARE GOING TO SPEAK, PLEASE COME FORWARD.

>> WAS IT THE TORNADO? >> NO.

THE SIGN CAME DOWN WHEN WE WERE DOING CONSTRUCTION, AND WE THOUGHT THAT WE WOULD BE ABLE TO PUT THE SIGN BACK UP.

>> SO BASICALLY, THAT IS KIND OF WHERE I WAS HEADING WITH THAT.

HE HAD A SIGN, AND ESSENTIALLY, DUE TO A TECHNICALITY IN OUR CITY NOT PUTTING FORTH PERMITS FOR SIGNS AT THAT POINT, AND UP TO TODAY, SO TO SPEAK, HE HASN'T BEEN ABLE TO PUT BACK ON HIS

PROPERTY WHAT WAS ALREADY THERE. >> BUT THE ARGUMENT...

THIS ONE WOULD PROBABLY EXCEED A STANDARD... THIS EXCEEDS A STANDARD BILLBOARD IN SIZE. DOESN'T IT?

>> NO. THE SAME SIZE AS A STANDARD BILLBOARD. TO ADDRESS YOUR CONCERN ON THE HEIGHT, YES, WE CAN DO IT AT 35 FEET RATHER THAN 45 FEET.

>> I DO HAVE A FOLLOW-UP QUESTION FOR THE ATTORNEY.

SO WHEN YOU SAY RUN AN ANALYSIS, ARE YOU SAYING THAT... EARLIER WHEN YOU TALK ABOUT SETTING PRECEDENT ARE.

YOU SAYING THAT THE NEXT TIME THAT ANOTHER PERSON WANTS TO PUT UP AN ELECTRONIC SIGN, WE WOULD HAVE TO APPROVE ARGUMENTLY WHY WE GAVE A YES TO SOMEONE AND A NO TO SOMEBODY ELSE?

>> AS IT STANDS IN THE CODE CURRENTLY, BILLBOARDS ARE PROHIBITED. OKAY? YOU ARE NOW ALLOWING A BILLBOARD THROUGH THE ZONING PROCESS.

OKAY? UNDERSTANDING THAT YOU WILL NOT BE ABLE TO CONTROL THE CONTENT ON THERE.

IF YOU GET ANOTHER APPLICATION FOR A BILLBOARD, WHAT IS YOUR BASIS OR WHAT IS YOUR ANALYSIS GOING TO BE TO MAKE A DETERMINATION ON WHETHER YOU WANT TO ALLOW THAT BILLBOARD OR

NOT ALLOW THAT BILLBOARD? >> PURE LOCATION WOULD CHANGE...

>> I DON'T KNOW WHAT THAT ANALYSIS IS.

THAT IS SOMETHING YOU WILL HAVE TO THINK ABOUT.

BECAUSE... >> LEGALLY, WE CAN DENY IT BASED

OFF OF A DIFFERENT LOCATION. >> I CAN'T ANSWER THAT QUESTION UNTIL THAT CASE IS BEFORE US. I CAN'T ANSWER HYPOTHETICALS.

>> TO WALTER'S POINT, I WILL STEAL YOUR THUNDER.

WE CAN DENY IT. THAT IS WHAT... THAT IS WITHIN

OUR AUTHORITY. >> CORRECT.

YOU CAN DENY IT. I CAN'T GUARANTEE YOU WHAT THE OUTCOME WOULD BE. IF SOMEONE WERE TO SAY, HEY,

WHAT IS THE BASIS OF THAT? >> I HAVE A QUICK QUESTION OF YOU. WE CAN'T CONTROL CONTENT SO.

WE HAVE, LET'S SAY, FIVE EXISTING BILLBOARDS WITHIN THE CITY CURRENTLY. IF WE CAN'T CONTROL CONTENT, HOW ARE THEY ABLE TO NOT PLACE AN ELECTRONIC SIGN ON THE CURRENT

BILLBOARD? >> BECAUSE WE ARE AN ELECTRONIC

SIGNAGE ORDINANCE. >> EXACTLY.

THANK YOU. >> YES.

>> ONCE THAT CAT IS OUT OF THE BAG, DOES THAT LIMIT OUR ABILITY TO CONTROL CONTENT ON THOSE BILLBOARDS?

>> NO, NO. >> OKAY.

OKAY. >> THE FUNNY THING ABOUT THOSE ELECTRONIC SIGN MESSAGE BOARDS IS EVERYONE SEEMS TO BE GETTING A NO EXCEPT FOR THE I.S.D. OR THE CITY.

EVERY TIME AN APPLICANT COMES FORTH FOR A MESSAGE BOARD, THEY ARE GETTING NOES. I MEAN, I REMEMBER A JEWELER WANTED TO PUT ONE UP. HE HAD A SIGN THERE.

HE JUST WANTED TO PUT THE SIGN BACK THAT HAD FALLEN INTO DISREPAIR WITH THE ELECTRONIC MESSAGE BOARD OF THE SAME SIZE,

AND IT WAS A NO. >> PLEASE YIELD.

DOUG? >> I WOULD LET YOU KEEP IT FOR A

REASON. >> I WOULD ASK DOUG ONE MORE TIME. MY ASSUMPTION WOULD BE THE COUNCIL WOULD BE IN FAVOR OF HAVING THE DEED RESTRICTIONS PLACED. RUN DOWN, IF YOU WOULD, ON THE DEED RESTRICTIONS. WHAT YOU ARE AGREEABLE TO.

>> PRETTY MUCH WHATEVER YOU WANT TO PUT IN THERE.

WHAT MY ATTORNEY HAS SUGGESTED WAS AN ELECTRONIC MESSAGE WILL BE LIMITED TO ADVERTISING FOR LOCAL COMMERCIAL BUSINESSES, GOVERNMENT ENTITIES, AND COMMUNITY ORGANIZATIONS.

AS THE OWNER OF THE PROPERTY, I'M REPRESENTING TO THE CITY THAT I WILL FOREVER WAIVE ANY LEGAL RIGHTS THAT I MIGHT HAVE TO CHANGE THIS P.D. LANGUAGE. IN ADDITION, I WILL INCLUDE IN THE PURCHASE CONTRACT IF THE PROPERTY IS UP FOR SALE, PROVISIONS STATING THAT THE PROSPECTIVE PURCHASER IS REQUIRED TO WAIVE THOSE LEGAL RIGHTS AS WELL.

IN ADDITION, WE ARE WILLING TO INCLUDE THESE PROVISIONS AND DEED RESTRICTIONS THAT WOULD BE RECORDED AND RUN WITH THE PROPERTY. IF THE CITY IS INTERESTED.

[00:55:04]

YOU CAN DO IT THROUGH A P.D. THROUGH DEED RESTRICTIONS OR

BOTH. >> ISN'T THE MOST GRIPPING LANGUAGE IN WHAT HE JUST SAID WAS HE WILL FOREVER WAIVE HIS RIGHT TO MODIFY THIS P.D. WHICH MEANS HE COULD NOT COME BACK AND ASK FOR A CHANGE ON THE P.D. AS A WHOLE.

>> BUT THAT DOESN'T REALLY MAKE IT... I THINK WHAT WE NEED...

WHAT WE ARE TRYING TO ACCOMPLISH HEREST IS TO GET THE DEED RESTRICTIONS IN PLACE AS IT RELATES TO THE LIMITATIONS ON

THE ADVERTISING. >> I KNOW.

I LOVE CONTRACTS. I LOVE WHEN PEOPLE CONTRACTUALLY OBLIGATE THEMSELVES INTO MORE STUFF.

>> THIS IS NOT A CONTRACT. THIS IS ZONING.

>> I AGREE. IN A P.D., IF HE IS GOING TO PUT

A STIPULATION ON THE. >> D . THAT IT CANNOT BE MODIFIED LATER ON HIS OWN ACCORD...

>> I'M SURE YOU CAN TALK TO MY ATTORNEY.

>> I HAVE. >> AND GET THIS LANGUAGE THAT WOULD ACCOMMODATE WHAT WE WANT TO DO.

>> YES. .

>> SO I HAVE ANOTHER QUESTION. I'M SORRY.

I'M JUST... OH.

. >> CLARK?

>> I HAVE ONE QUESTION ABOUT... WE TALKED ABOUT THE DIMMING OF LIGHTS. I HAVE SEEN THE ONE IN DALLAS.

IT DOESN'T... I CAN'T REMEMBER THE LAST TIME I WAS DRIVE THATTING THERE THROUGH NIGHT. AGAIN, I HATE TO USE THIS WORD.

LIGHT POLLUTION. IT LOOKS LIKE THAT LIGHT WOULD BE SHINING TOWARDS A BUNCH OF APARTMENTS.

I MEAN, THE CARS ARE AROUND THERE.

HOW FAR DOES THAT SHINE OUT? TOWARDS?

>> WELL, I GUESS AS FAR AS... YOU KNOW, IT CAN BE SEEN.

IT IS GOING TO BE AIMING TOWARDS 67 NORTH AND 67 SOUTH.

IT IS NOT GOING TO BE AIMING TOWARDS THE APARTMENTS THAT ARE OVER THERE ON THE NORTH SIDE OF 67.

I ASSUME THAT IS WHAT YOU WERE TALKING ABOUT.

>> THE ONLY REASON I ASK... I DON'T KNOW THE DIFFERENCE IN THE BRIGHTNESS. WHEN THE ICE CREAM PUT IN THEIR LEB LIGHTS, THE CITY GOT A LOT OF COMPLAINTS.

YOU WOULD COME DOWN MAIN, AND IT WOULD BE FLASHING AND BLINDING YOU. I WAS THEN CURIOUS HOW FAR OUT THIS WOULD SHINE INTO THOSE NEIGHBORING PROPERTIES.

MORE SO THE ONE THAT IS HAVE PEOPLE LIVING IN THEM.

NOT THE CAR LOT NEXT DOOR. >> ANNA, DO OFF COMMENT OR

SOMETHING? >> I'LL BE READY TO MAKE A

MOTION. >> HUD HAS BEEN WAITING TO MAKE A MOTION. I DO HAVE ONE MORE COMMENT ON

IT. >> ONE MORE COMMENT BEFORE WE MAKE A MOTION. SO WE CAN MAKE SURE WE GET...

>> I WOULD LIKE TO ASK JOE SOMETHING.

>> THE CITY MANAGER HAS A QUESTION.

>> SO I'M CLEAR, THE WAY WE ARE WRITING THIS, BECAUSE IT HAS TO BE A DEED RESTRICTION. IF I UNDERSTAND THROUGH, WE CANNOT PUT IN THIS ORDINANCE THAT IT IS RESTRICTED TO LOCAL BUSINESSES AND THE GOVERNMENTS, BECAUSE NOW WE ARE REGULATING

CONTENT. >> CORRECT.

>> WE ARE GOING TO PUT IT IN AS HE HAS TO ADOPT A DEED RESTRICTION WITH THOSE PARAMETERS IN IT.

>> WHICH MOST LIKELY, WE, THE CITY, WOULD NOT BE ABLE TO ENFORCE. SOMEBODY ELSE COULD: A THIRD

PARTY COULD BE. >> BEFORE WE ISSUE A PERMIT FOR, THIS WE WOULD HAVE TO SEE THAT THOSE DEED RESTRICTIONS WERE

FILED. >> YES.

>> PUT INTO PLACE. >> THAT IS THE CONDITION OF.

THIS PRIOR TO A PERMIT BEING ISSUED, THAT THE DE DEED RESTRICTIONS HAVE BEEN ON FILE OR ARE ON FILE WITH THE

COUNTY. >> YEAH.

>> WE WILL DO THAT. >> THE DEED RESTRICTIONS WOULD

REGULATE THE CON PENT. >> MMAYOR, I WOULD LIKE TO MAKEA MOTION. IF YOU... OKAY.

THEN I'LL MAKE A COMMENT RIGHT AFTER YOUR MOTION.

BUT... >> HEARING WHAT EVERYONE'S CONCERNS ARE AND WHAT THEY LIKE AND DON'T LIKE, I WOULD LIKE TO COMPROMISE A LITTLE BIT ON THE HEIGHT.

YOU WERE ASKING FOR 45. SOME SAID 35.

I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT AS PRESENTED, EXCEPT FOR THE HEIGHT BEING AT 40.

WHICH IS RIGHT IN THE MIDDLE. AT 40.

AND THAT THE DEED RESTRICTIONS... JOE, THAT

THE DEED RESTRICTIONS... >> THAT THE DEED RESTRICTIONS BE ON FILE PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS.

>> THAT. >> OKAY.

>> THEN THE DEED RESTRICTIONS WILL REGULATE THE CONTENT.

>> YES. >> IS THERE A SECOND?

>> REGULAR CONTENT AND CARRY THAT THROUGH TO THE NEXT OWNER.

SUBSEQUENT OWNERS. >> YES.

>> I'M SORRY. THAT CONTENT... I KNOW MR. HUNT READ IT INTO THE RECORD. LOCAL, COMMERCIAL, ENTITIES, GOVERNMENTAL ENTITIES, NONPROFITS.

[01:00:02]

>> NONPROFITS. >> BUT IF THEY...

>> COMMUNITY ORGANIZATIONS. >> THIS MAY BE MORE OF A QUESTION. MCDONALD'S IS A LOCAL... HOW DO WE DEFINE? YOU KNOW, THEY ARE A NATIONAL CHAIN. WE HAVE THOSE ALL OVER ARE.

THEY ALLOWED. SO I WANT TO MAKE SURE WE ARE GETTING THE INTENT AND LOOKING AT THESE RESTRICTIONS.

ARE WE GETTING THE INTENT OF WHAT THE COUNCIL IS WANTING WHEN THEY SAY LOCAL, COMMERCIAL ENTITIES.

>> I'M GOOD WITH 35 FEET. YOU KNOW, TO MAKE EVERYBODY

HAPPY. >> I WOULD MAKE A MOTION TO MAKE IT 35 FEET. AND THE REST STAYS THE SAME, AS

JOE SAID. >> SECOND.

>> A MOTION AND A SECOND. THAT WILL BE AT 35 FEET.

>> YES. >> WE HAVE A MOTION FOR COUNCIL AND A SECOND. COUNCIL, THANK YOU, DOUG.

THIS IS A BREAK IN TRADITION. I THINK THIS IS GOING TO BE A SOMEWHAT SIGNIFICANT, IF NOT HISTORICAL VOTE FOR US.

IT IS A HARBINGER OF THINGS TO COME.

AND I'M NOT SPEAKING AGAINST THIS, PER SE, BUT WE HAVE TALKED FOR YEARS, THE THREE AND A HALF YEARS I HAVE BEEN AROUND, ABOUT MAINTAINING OUR IDENTIFY AND WHO WE ARE.

AND I THINK THIS WILL HAVE MORE RAMIFICATIONS THAN JUST A MERE SIGN. IT IS A HARBINGER OF THINGS TO COME AND WHO WE WILL BE, AND THIS, IN MY OPINION, WILL BE THE MARK OF WHEN THE NEW MIDLOTHIAN WILL RISE.

SO WITH THAT,LY CALL FOR A VOTE. I WILL CALL FOR A VOTE.

>> BEFORE I VOTE, CAN I ASK ONE MORE QUESTION FOR CLARIFICATION?

>> THE VOTE HAS BEEN CALLED. >> A QUESTION OR A COMMENT?

>> JOE? >> I DON'T THINK WE CAN... CAN

WE ENTERTAIN... >> BEFORE YOU HIT THE TALLY

BUTTON OVER THERE. >> SOME PEOPLE HAVE ALREADY

VOTED. >> YOU NEED CLARIFICATION TO

VOTE? >> I NEEDED A CLARIFICATION ON

WHAT CHRIS SAID. >> AS IT STANDS RIGHT NOW, IT IS

LOCAL BUSINESSES. >> WHAT IS THAT DEFINITION?

>> I DON'T KNOW. >> WE DIDN'T DEFINE IT.

>> I JUST HAVE... BY POSTING OF ADDRESS.

I DON'T KNOW. >> LOCAL BUSINESS IS SOMEBODY WHO DOES CHAMBER... MELISSA, WOULD YOU COME FORWARD? WHAT'S LOCAL BUSINESS TO YOU? THE CHAMBER OF COMMERCE.

>> TO ME,... THEY ARE MEMBERS OF THE CHAMBER.

TO ME, I THINK SMALL BUSINESSES ARE LOCAL SMALL BUSINESS OWNERS THAT LIVE HERE THAT RESIDE HERE THAT, DO BUSINESS HERE.

TO ME, MCDONALD'S IS A FRANCHISE, A BIG CONGLOMERATE.

I WOULD NOT CONSIDER THAT A LOCAL BUSINESS.

>> THANK YOU. WE HAVE IT DEFINED ON THE

ORDINANCE. >> WELL, I DON'T KNOW...

JOE, WHAT DO WE DO? WE HAVE CALLED FOR A VOTE.

>> WE HAVE A MOTION AND A SECOND ON THE FLOOR.

AND SOMEBODY WANTED TO REMOVE... SOMEONE REMOVED THEIR SECOND AND WE ARE ALLOWING IT TO HAVE A DISCUSSION.

>> THE VOTE HAS BEEN CALLED. >> I HAVE CALLED THE VOTE.

>> WE NEED THIS INFORMATION? TO PUT INTO THE ORDINANCE?

IS THAT WHAT WE ARE SAYING? >> IT IS FOR THE

DEED RESTRICTIONS. >> I THINK THIS IS ALL OUT OF ORDER. IT IS OUT OF ORDER.

ALL WE CAN DO NOW IS TALLY THE VOTE.

>> WELL, I MEAN, I THINK THERE IS... EVERYONE IS VOTING BUT TWO PEOPLE. THE TWO ARE LOOKING AT EACH OTHER, AND NEITHER ONE OF US WANT TO CAST THE VOTE WITHOUT THE CLARIFICATION. IF YOU ARE GOING TO FORCE US INTO A VOTE THAT WE MIGHT HAVE NOT DONE.

>> I HAVE VOTED. GIVEN THE INFORMATION WE HAVE AT

THE MOMENT. >> AN ADDITIONAL MOTION COULD BE

MADE AFTER. >> CORRECT.

>> OKAY. >> SORRY.

I DID NOT HEAR IT. >> I JUST MENTIONED IF IT WERE TO FAIL, AN ADDITIONAL MOTION COULD BE MADE AT THAT POINT.

>> WE COULD MAKE MOTIONS IF IT FAILS.

UNFORTUNATELY, CAN RESET THE VOTE?

>> THE MOTION HAS BEEN MADE. IT HAS BEEN SECONDED.

PROCEDURALLY, WE ARE GOING TO ARGUE THIS UP HERE... YOU MAKE THE DECISION WHAT YOU WANT TO DO.

>> CLEAR THE VOTE. EVERYBODY RE-VOTE.

WHEN EVERYBODY HAS VOTED, PLEASE PRESENT THE VOTE.

IF THE ITEM FAILS, 3-4. >> OKAY.

CAN WE NOW HAVE DISCUSSION AND CLARIFY WHAT GOES IN THE DEED

AND THEN REVOTE IN. >> YES.

>> WHAT IS THE ANSWER? >> JOE?

[01:05:02]

>> YOU GUYS NEED TO MAKE A DECISION ON WHAT LOCAL BUSINESSES ARE THAT ARE GOING TO BE IN THE DEED RESTRICTIONS.

>> IS THAT ENFORCEABLE? >> IT IS NOT ENFORCEABLE BY US.

IT WILL BE IN THE RESTRICTIONS. IT WILL BE ENFORCED BY, YOU

KNOW, THE PEOPLE. >> WHAT IS THE DEFER IN ADDITION OF... WHAT IS THE DEFINITION OF LOCAL, THE WORD?

>> NONFRANCHISEE. >> NOT A NATIONAL FRANCHISE.

>> WHATABURGER. >> CHICK-FIL-A.

>> THESE ARE FRANCHISES. .

>> I DON'T HAVE AN ISSUE... I'M ACTUALLY THE OPPOSITE.

I DON'T HAVE AN ISSUE... I MEAN, I BELIEVE THAT FRANCHISEES ARE LOCAL RESIDENTS IN SOME CASES, TOO.

IT WOULD BE DISCRIMINATORY NOT TO ALLOW THEM.

I DO UNDERSTAND, THOUGH, YOU DON'T WANT TO TURN... IF WE ARE TALKING ABOUT CONTENT, YOU DON'T WANT TO TURN OUR BILLBOARD INTO A NATIONAL OR STATE-LEVEL SOUNDING BOARD.

>> WELL, ANNA? YOU HAVE A COMMENT.

>> NO. >> DOUG?

WANT TO TRY? >> YOU KNOW, I WAS GOING TO SAY, LET ME... I KIND OF AGREE. YOU KNOW, IF A FRANCHISEE IS OWNED BY LOCAL PERSON, IT IS A LOCAL BUSINESS.

BUT I THINK WHAT WE WANT TO ELIMINATE ARE, LIKE, YOU KNOW, LARGE CORPORATIONS. MAYBE COCA-COLA, STARBUCKS.

HOOTERS. >> LET'S JUST SAY THE BUSINESS HAS TO BE OWNED BY... HAS TO BE OWNED BY A LOCAL BUSINESSPERSON.

>> SO... >> OKAY.

>> YOU KNOW, WE ARE TRYING TO TIE A RIBBON AROUND THE BOX AND SOMETIMES IT GETS A LITTLE HARD TO DEFINE.

>> I CAN GET BEHIND BUSINESSES THAT CARRY A LOCAL PRESENCE.

>> HOW DO YOU DEFINE THAT? >> THE DEED RESTRICTION NEEDS TO BE SPECIFIC. IT NEEDS TO HAVE TEETH.

>> I JUST SAY A LOCAL OWNER. LOCAL OWNERSHIP.

>> IN THE COMMUNITY. >> OKAY, COUNCIL.

LET'S BACK UP HERE, REGROUP. AND DO NOT SPEAK UNTIL YOU ARE CALLED ON, PLEASE. WALTER?

>> WHAT ABOUT AN OWNER THAT RESIDES WITHIN THE COUNTY?

>> I THINK THAT WOULD WORK. >> CLARK?

>> I WOULD JUST LIKE TO SAY, AND I KNOW THIS ISN'T PROBABLY PREFERABLE TO EVEN MR. HUNT, AND I APOLOGIZE FOR THAT, ANY TIME I HAVE EVER BEEN PART OF A DEAL AND IT GETS REAL COMPLICATED AND CONFUSING, I THINK SOMETIMES IT IS BETTER TO TAKE A STEP BACK AND REGROUP. AND SO IF THE COUNCIL IS UP TO TABLING IT, SO EVERYONE CAN THINK ABOUT IT, UNTIL THE NEXT CITY COUNCIL MEETING, I WOULD BE OPEN TO THAT.

AND MAYBE GIVE JOE SOME MORE TIME TO LOOK INTO THIS ISSUE.

>> WE HAD TO CONTINUE IT, NOT TABLE IT.

RIGHT? >> YES.

YOU WOULD CONTINUE. >> MR. HUNT, WOULD YOU BE

AMENABLE? >> IT IS NOT WHAT I WOULD PREFER. HOPEFULLY, I WOULD LIKE TO GET IT... YOU KNOW, GET IT APPROVED TONIGHT.

Y'ALL ARE THE ONES IN CHARGE OF WHAT'S GOING ON HERE.

NOT ME. >> NO.

WE CAN GO FORWARD IF YOU WISH. IF YOU WOULD NOT OBJECT TO CONTINUING TO THE NEXT COUNCIL SESSION.

>> I SAY YEAH. >> SHOULD WE HAVE ONE OF OUR

WORKSHOPS ON THIS? >> YOU CAN'T.

IT IS A CONTINUATION OF A PUBLIC HEARING.

>> THANK YOU. SORRY.

>> WE NEED SOMEONE TO PUT OUT ANOTHER MOTION TO CONTINUE...

ACTUALLY. CLOSE THE PUBLIC HEARING.

WE CAN CONTINUE THIS CASE. WE DON'T HAVE TO READVERTISE, HAVE ANOTHER PUBLIC HEARING ON IT.

YOU WANT TO KEEP THE PUBLIC HEARING CLOSED.

QUESTION NUMBER ONE. THEN WHEN WE COME BACK, WE WILL COME BACK WITH LANGUAGE, WORKING WITH YOUR ATTORNEY, OF SUGGESTIONS ON THE DEED RESTRICTIONS.

>> IF WE TABLE, CAN WE TABLE TO THE FIRST MEETING IN FEBRUARY?

>> YES. >> CONTINUE TO THE FIRST MEETING

IN FEBRUARY. >> DON'T YOU HAVE ANOTHER

MEETING IN JANUARY? >> WE DO.

>> I WON'T BE HERE. >> I FEEL LIKE... ARE WE GOING TO GO HOME AND STUDY WHAT LOCAL IS? WHAT'S GOING TO CHANGE BETWEEN NOW AND THE NEXT MEETING?

>> OUR ATTORNEYS ARE GOING TO GET TOGETHER...

>> I'M NOT GOING TO MAKE A DECISION ON LOCAL BUSINESSES.

LOCAL BUSINESS IS AN OWNER THAT RESIDES IN THE COUNTY.

I'M GOING TO COME BACK WITH DEED RESTRICTIONS.

>> I'M COMFORTABLE IF YOU WOULD ALLOW MY ATTORNEYS TO WORK OUT THE LANGUAGE AND DEFER IN ADDITION OF WHAT LOCAL IS.

BETWEEN THEM. >> YOU KNOW, LET THEM WORK IT OUT. THEY WILL PRESENT IT.

I'LL SIGN IT. WE WILL MOVE ON.

>> MAKE THE MOTION. >> WE WILL CONTINUE IT TO THE

[01:10:02]

FIRST MEETING IN FEBRUARY. TO GIVE ATTORNEYS TIME.

THEN WE WILL REVIEW IT. WE WILL MAKE SURE WE HAVE A FULL

COUNCIL. >> SO WE ARE CLEAR UP HERE, THE ONLY REASON WE WOULD BE TABLING IT WOULD BE BRINGING IT BACK FOR YOU GUYS TO HAVE... FOR YOU ALL TO HAVE A DISCUSSION ON WHETHER OR NOT... IF YOU LIKE THE DEFINITION OF LOCAL BUSINESS.

WE CAN THAT ARE OWE WHAT DEFINITION... WE CAN NARROW THAT DEFINITION DOWN. .

>> DOES THAT LIMIT THE SCOPE, THEN OF THE ACTIVE IT IS BETWEEN

NOW AND THE NEXT TIME? >> WHAT DO YOU MEAN THE SCOPE?

>> YOU SAID WE CAN ONLY TALK ABOUT LOCAL... I WOULD ASSUME

THAT THE TWO ATTORNEYS... >> THE DIRECTION I'M HEARING FROM COUNCIL, I WANT TO GO AND WRITE DEED RESTRICTIONS THAT STATE LOCAL BUSINESS IS COMMERCIAL BUSINESS IN MIDLOTHIAN. IS THERE ANY OTHER DIRECTION AS IT RELATES TO DEED RESTRICTIONS THAT WE NEED TO DISCUSS SO WE CAN COME BACK WITH A FINAL WORK PRODUCT TO BE PRESENTED TO THE

COUNCIL. >> DO YOU HAVE A COMMENT?

>> NOT ABOUT DEED RESTRICTIONS. THAT HAS BEEN TAKEN CARE OF.

I HAVE A PROBLEM WITH... I UNDERSTAND WHAT HE IS DOING.

I'M NOT AGAINST THAT. IT IS JUST EVERYTHING IN THE PROCESS IS A VIOLATION OF OUR CODES.

NO BILLBOARDS ALLOWED. 35-FOOT SIGN.

AND THE SIZE OF THE SIGN. ALL OF THOSE ARE FAR EXCEEDING OUR LIMITATIONS. AND THERE IS A PROBLEM.

I MEAN, WHAT HE IS WANTING TO DO, I HAVE NO PROBLEM WITH IT.

I THINK HE IS GOING OVERBOARD WITH IT.

IN THIS CASE. I THINK HE DOES A GOOD JOB.

HE HAS A GOOD MIND, WHAT HE IS DOING.

I'M NOT TRYING TO PUT ANYTHING ON THAT.

IT IS JUST WE HAVE CODES TO BUILD BY.

TO GO BY. EITHER WE ARE GOING TO OR WE ARE NOT. IF WE ARE GOING TO, THIS MEANS IT IS REJECTED. IF WE ARE NOT, THEN WHAT'S THE POINT OF HAVING THE CODES? THAT IS ALL I GOT.

>> DO WE HAVE A MOTION? >> YOU MEAN A MOTION TO

POSTPONE? >> A MOTION THAT WE TABLE THIS ITEM WHICH IS CLOSED. WE WILL LEAVE IT CLOSED.

AND THEN THE CITY ATTORNEY WILL DEAL WITH THE ISSUES THAT HAVE BEEN RAISED RELATIVE TO THE DEED RESTRICTION.

AND BRING THAT BACK, AND WE WILL CONTINUE OR TABLE UNTIL THE FIRST MEETING IN FEBRUARY. I GUESS I'LL MAKE THAT A MOTION.

>> I'M JUST ASKING, BECAUSE PROCEDURALLY, HE JUST MADE A MOTION BEFORE YOU GOT THAT OUT. TO DENY.

>> OH, I'M SORRY. I DID NOT HEAR THAT MOTION.

STATE YOUR MOTION. >> I MOVE THAT WE DENY.

>> OKAY. IS THERE A SECOND FOR THAT?

>> SECOND. >> WE HAVE A MOTION TO DENY STRAIGHT OUT. SECONDED.

PLEASE VOTE. >> SO YES.

MEANS THAT IT IS DENIED. >> DENIED.

A YES VOTE MEANS IT IS DENIED. >> THE ITEM PASSES.

4-3. THE ITEM IS DENIED.

THANK YOU. SAVE US SOME LEGAL FEES.

>> ITEM... THAT MOTION TO DENY THE BOARD IS DONE.

>> YES. >> WE ARE DENIED.

>> YOU WILL HAVE TO COME BACK. >> I'M NOT SURE THAT IS... NO.

HE MADE A MOTION TO DENY. THERE WAS A SECOND TO DENIGHT IT. HE HAD MADE THE MOTION TO DENY

IT. >> THERE WAS A SECOND TO DENY.

>> THANK YOU. >> IT WAS FOR A DENIAL OF THE

CASE. >> WHY DID WE VOTE ON THAT?

>> NO. HE CALLED FOR A MOTION.

-HE MADE THE MOTION BEFORE THE MAYOR DID.

>> I DIDN'T HEAR IT. >> I DIDN'T... I'M SORRY.

WAYNE? ITEM 20... OPEN ITEM... I OPEN THESE AND THEN WE CONTINUE UNTIL FEBRUARY 14.

[01:15:01]

THE NEXT TWO. >> WE WANT TO OPEN AND CONTINUE?

[2023-010]

>> OKAY. OPEN ITEM 2023.

010. THIS REQUEST HAS BEEN... BY THE APPLICANT REQUESTED, CONTINUED TO FEBRUARY 14, 2023.

CONDUCT A PUBLIC HEARING... >> YOU DON'T HAVE TO READ IT.

TAKE A MOTION TO CONTINUE. >> WE HAVE A MOTION TO CONTINUE.

>> YOU ARE GOING TO MAKE THAT MOTION?

>> WE HAVE A MOTION TO CONTINUE. IS THERE A MOTION TO CONTINUE?

>> I WILL MAKE A MOTION TO CONTINUE TO... WHEN? FEBRUARY 14. 2023.

>> SECOND. >> THERE IS A MOTION TO CONTINUE TO FEBRUARY 14. SECONDED.

PLEASE VOTE. THE ITEM IS PASSED.

7-0. WE CONTINUE UNTIL FEBRUARY 14.

ITEM 2023-010. THE APPLICANT HAS WITHDRAWN T

THIS. >> 011.

>> WHAT DID I SAY? >> 010.

>> IT HAS BEEN A LONG DAY. >> 2023-011.

THIS ITEM IS WITHDRAWN BY REQUEST OF THE APPLICANT.

NO ACTION IS REQUIRED. REGULAR AGENDA.

[2023-012]

2023-012. CONSIDERAGED ACT UPON AGREEMENT FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN AND ASSOCIATES INC.

FOR THE DESIGN AND OTHER RELATED PROFESSIONAL SERVICES AND ASSOCIATION WITH THE WATER AND SANITARY SEWER.

LINE REHABILITATION PROJECTS IN AN AMOUNT NOT TO EXCEED $204,500. ADAM?

>> MAYOR, COUNCIL, GOOD EVENING. HAPPY NEW YEAR.

STARTING OFF RIGHT. AGAIN, GOOD EVENING.

PRESENTED BEFORE YOU IS... WE ARE LOOKING AT THE STRATEGIC PLAN RELATED TO THE WATER AND SEWER PROJECTS FOR THIS NEXT UPCOMING FISCAL YEAR. THESE PROJECTS ARE IN THE STRATEGIC PLAN. HOWEVER, WE BUNDLED THESE A LITTLE LARGER, SO WE CAN GET SOME VALUE WITH THE SIZE.

WE WEREN'T ABLE TO COMPLETE SOME PROJECTS LAST YEAR DUE TO STAFFING ISSUES TO MAKE SURE WE COULD MONITOR IT CORRECTLY.

THE COUNCIL REAPPROPRIATED SOME FUNDS.

WE ARE BUNDLING THESE PROJECTS TOGETHER, AND I COULD GO OVER THE LOCATIONS REAL QUICK IF NEEDED.

DOES ANYBODY WANT ME TO GO OVER LOCATIONS? I'LL BE MORE THAN GLAD TO. ANY QUESTIONS?

THROUGHOUT THE CITY. >> THEY CAN ASK THE QUESTION

LATER. >> I'M SORRY.

YES, SIR. THANK YOU.

AGAIN, THESE ARE SOME PROJECTS THAT WE ARE TRYING TO WORK ON AROUND TOWN TO INCREASE WATER QUALITY.

FIRE PROTECTION. AND ALLOW FOLKS THAT WEREN'T ABLE TO DO IRRIGATION SYSTEMS, THAT THEY WERE WANTING TO HAVE IRRIGATION AS WELL AND PROVIDE SANITARY SEWER SYSTEMS THAT ARE NOT INTERRUPTED. AGAIN, KIMLEY-HORN IS FAMILIAR WITH OUR PROJECTS. WE TRY TO WORK... YOU KNOW, WORK WITH OTHER... WHEN IT COMES TO OLD TOWN AND DESIGN, KIMLEY-HORN IS QUITE FAMILIAR WITH OUR DESIGN, HOW WE GO ABOUT THESE PROJECTS. THIS IS A BUDGETED ITEM.

I'M GLAD TO ANSWER ANY QUESTIONS.

>> COUNCIL? >> ADAM, YOU CUT ME OFF AT THE KNEES THERE. KUDOS.

>> YEAH. I CATCH SOMETIMES... YOU KNOW.

>> KUDOS. DO YOU KNOW THE LAST TIME THAT WE DID A REQUEST FOR QUALIFY KAIGS ON KIMLEY-HORN?

>> YOU KNOW, I DON'T KNOW IF I HAVE ON AN ENGINEERING...

YOU ARE CATCHING ME OFF-GUARD WITH THE REQUEST FOR QUALIFICATIONS. I JUST KNOW THIS IS AN ENGINEERING PROJECT. IT DOESN'T REQUIRE THAT.

I APOLOGIZE ON THAT. THIS IS PROFESSIONAL SERVICES.

>> SO I WILL THROW YOU A LIFELINE OVER THE CHRIS.

ONE THING ADAM SAID THAT I'M GOING TO KEEP BRINGING UP IS WE CONTINUE TO USE KIMLEY-HORN SPECIFICALLY IN OUR ORIGINAL TOWN BOUNDARIES BECAUSE THEY ARE VERY FAMILIAR WITH OUR CITY, ET CETERA, ET CETERA. I WOULD SAY THAT IS PROBABLY BECAUSE WE CONTINUE TO USE THEM. WHEN WAS THE LAST TIME WE DID A COMPLETE REVIEW AND A REQUEST FOR QUALIFICATIONS FOR THE

SERVICES THAT THEY PROVIDE? >> I DON'T HAVE AN ANSWER TO EXACTLY WHEN THAT WOULD HAVE BEEN.

WE USE DIFFERENT... >> IT HAS BEEN OVER FIVE YEARS.

[01:20:01]

SINCE WE HAVE DONE A BLANKET REVIEW FOR SEVERAL FIRMS.

>> SURE. >> WE DID.

THAT WE ARE USING ALL THOSE FIRMS.

>> WE ARE STILL WORKING ON THAT LIST THAT WE DID FIVE OR SIX

YEARS AGO. >> YEAH.

BECAUSE WE USE MULTIPLE FIRMS. AND I KNOW THE... WE USED SOME

DIFFERENT ONES. >> AND IF I MAY, COUNCIL MEMBERS, WHEN WE TALK ABOUT FAMILIARITY, TOO, SOMETIMES THE RESOURCES THEY HAVE AND SURVEYS THEY HAVE, YOU KNOW, WE COULD SAVE MONEY BY USING OTHER... YOU KNOW, THESE ARE JUST ESTIMATES

ON COST AND DESIGN. >> SURE.

>> WHAT WE DO IS WE PROVIDE A LOT OF INFORMATION.

WE CAN KNOCK THAT COST WAY DOWN IF WE KNOW AHEAD OF TIME HOW TO DESIGN IT. LIKE, I HAVE AN IDEA IN MY HEAD.

I HAVE TO MAKE IT ENGINEERING-WORTHY AND STAMPABLE. WE DO INPUTS ON.

THAT WE DO TRY TO REDUCE THE COST.

WITH SURVEYS, ESPECIALLY IN OLD TOWN, WHEN YOU DO A LINE GOING NORTH AND SOUTH, SOMETHING EAST AND WEST, YOU KNOW, WE COULD YEUTD LIES THE STUFF WE TIE IT INTO.

THAT WE HAD A SURVEY ON. AND WE WERE ABLE TO USE THAT INFORMATION. AND THEN WE KNOW WHAT WE ARE GOING TO GET WITH THESE. BECAUSE WHEN YOU ARE DEALING WITH OLD TOWN, YOU KNOW, YOU HAVE SOME LATITUDE LEFT AND RIGHT ON WHERE ARE THE LINES. WHERE ARE THE LINES? YOU KNOW, WHAT CONFLICTS ARE WE GOING TO HAVE? KIMLEY-HORN UNDERSTANDS HOW WE WORK.

BECAUSE IF YOU DRAW A HARD LINE ON A LOT OF THIS, THERE COULD BE A LOT OF CHANGE ORDERS. THERE COULD BE A LOT OF... YOU KNOW, A LOT OF THINGS WILL ESCALATE THE COST.

IF YOU WANT AN ENGINEERING FIRM THAT REALLY WANTS TO BE REALLY A STICKLER. I DON'T MEAN THAT...

WE STILL HAVE THE ENGINEERING BACKGROUND BEHIND US THAT SUPPORTS OUR DECISION. AND MAKES IT PROPER.

AND WE DO REALLY WORK CLOSE WITH KIMLEY-HORN.

AND WE ARE CONFIDENT IN THE WORK.

AND I FEEL THAT IF WE CONTINUE TO WORK WITH THEM, I UNDERSTAND WE ARE GOING ON THE NEXT ROUND. AS I SAID, I HAVE A LOT OF STRA TEENAGE ENPLAN... STRA TEENAGE ENPLANS PLANS.

WHAT WORRIES ME, WITH THE COSTS ESCALATING.

WATER IS GOING UP, LABOR IS GOING UP.

SMALL BOUTIQUE-TYPE PROJECTS MIGHT BE HIGHER COST.

HAVING THE SCOPE WHERE THEY CAN HANDLE THIS AND PRODUCE THE WORK FOR ME FOR THE CITY, I'M CONFIDENT IN THEIR QUALITY AND THE TIME THAT WE THE GET IT DONE IN.

>> THANK YOU. I DIDN'T MEAN TO PUT YOU ON THE

SPOT. >> NO, NOT AT ALL.

THAT IS WHAT I'M HERE FOR. >> ONE THING FOR CHRIS AND THE LEADERSHIP TEAM. IF WE, AS A COUNCIL, MIGHT WANT TO ADDRESS THE LAST TIME WE HAVE DONE AN RFQ FOR THESE PROPROFESSIONAL SERVICES, GIVEN THE CHANGE IN THE ECONOMIC CLIMATE. WE MIGHT FIND SOME NUMBERS HAVE CHANGED IN THE LAST FIVE OR SIX YEARS.

SO MAYBE PUSH THAT TO THE TOP. THANK YOU.

>> YES, SIR. >> I DO HAVE A QUESTION.

WHEN WORK IS BEING DONE OR COMPLETED, WHO CHECKS IT BEFORE THEY, I GUESS, GET PAID OR GET PAID THEIR OTHER DEPOSIT OR

OTHER HALF? >> SO ACTUALLY, THE DESIGN WORK? YEAH. THE DESIGN WORK.

WE RELEASE A BID, YOU KNOW... WE WILL DO A BID PACKET FOR THESE PROJECTS. IF WE FIND A PROBABLE COST, YOU KNOW, IF WE ARE WITHIN THE BUDGET, WE MIGHT KNOCK OFF A COUPLE OF THESE. WE WILL HAVE TO KNOCK OFF A COUPLE OF ROADS. THE NUMBERS ARE SO HIGH.

WE WON'T BE ABLE TO MAKE OUR BUDGET NUMBER.

I'LL MONITOR THAT PROJECT. I COULD HAVE MIKE ON THAT PROJECT. I HAVE MY TEAM MEMBERS AND MY STAFF THAT ALSO MONITOR THAT PROJECT AS WELL.

THERE ARE SOME THINGS, LIKE I SAID, I'M STILL LEARNING EVERY

DAY WHAT GOES ON IN OLD TOWN. >> I WANT TO MAKE SURE.

ARE YOU ASKING WHO IS MONITORING, LIKE, THE CONTRACTOR WHEN THEY ARE BUILDING OR WHO IS MONITORING THE ENGINEERING WORK?

>> I APOLOGIZE. I SHOULD HAVE SAID THE ACTUAL WORK. NOT THE ENGINEERING.

THAT IS MY FAULT. >> OKAY.

>> THE ONLY REASON I ASK IS WHEN WE DID THE WATER LINE ON FIFTH GOING EAST AND WEST, ONCE THE WORK WAS COMPLETED, WHERE THEY HAD GONE ACROSS THE ASPHALT, IN SOME PLACES, IT IS STILL GRAVEL.

THEY NEVER PUT BACK THE ASPHAL. >> WE HAVE A CONTRACTOR COMING OUT TOMORROW. WHEN THE HOLIDAYS COME AROUND, WE GOT EVERYTHING DONE. THE UTILITIES WERE DONE.

WE KEEP THAT PART SEPARATE FROM THE PROJECT.

I CAN DO A COST SAVINGS. I GO OUT FOR A SECOND... FOR ANOTHER BIDDER. I GET A CHEAPER PRICE ON IT.

THE REASON WHY THE DELAY ON THOSE IS THAT THE COLD WEATHER CAME IN. ASPHALT PLANTS WERE SHUTTING DOWN. AND SO NO JOKE.

THEY WERE SUPPOSED TO START YESTERDAY.

THE MACHINES WERE MOVING IN. THIS IS THE ANSWER TO PLACATE

[01:25:01]

YOUR CONCERN. IT WILL BE COMPLETED VERY SOON.

>> I APPRECIATE THAT. >> YUP.

>> I'LL BE READY TO MAKE A MOTION WHEN Y'ALL ARE READY.

>> QUESTIONS? WE WILL TAKE A MOTION.

>> I MOVE TO APPROVE. >> SECOND.

>> MOTION TO APPROVE SECONDED. PLEASE VOTE.

ITEM PASSES 7-0. >> THANK YOU.

[2023-013]

AGENDA ITEM 2023-013. CONSIDER AND ACT UPON THE PURCHASE OF ONE BOBCAT TL619 TELEHANDLER THROUGH BOBCAT OF NORTH TEXAS IN AN AMOUNT NOT TO EXCEED $95,948.

>> MAYOR, COUNCIL, GOOD EVENING. THANK YOU.

THIS IS INTERESTING TIMES. A QUICK STORY.

I CAME OUT IN OCTOBER AND ASKED FOR AN APPROVAL ON A PIECE OF EQUIPMENT SIMILAR TO THIS. HOWEVER, I GOT NOTIFICATION LITERALLY THEE WEEKS AGO THAT THE PRODUCT WILL NOT COME IN UNTIL 2024. WE ARE... F WE ORDERED IT LITERALLY THE DAY AFTER COUNCIL APPROVED THE PRODUCT.

I HAD A P.O. IMSIDE FINANCE AT 8:01 A.M.

JUST KIDDING. I HAD THEM IN THERE PRETTY QUICK. WE WERE GOING ALONG, GOING ALONG. IN LATE DECEMBER, I GOT NOTIFICATION THAT THE PRODUCT WILL NOT BE AVAILABLE UNTIL LATE 2024. I STARTED PULLING THE CHART ON THE SECOND BID. THESE ARE GOVERNMENT BIDS.

HOWEVER, WE HAVE TO GO TO THE SECOND COST.

IT IS A $6,000 OVERCOST ON THE ORIGINAL ONE.

BUT WE DO HAVE THE MONEYS AVAILABLE.

THIS IS A GOVERNMENT CONTRACT. THE GOOD NEWS IS IT WILL BE HERE NEXT MONTH IF APPROVED. ON COUNCIL APPROVAL.

I DON'T KNOW HOW IT WORKS. IF THEY WERE GOING TO COME BACK TO ME AND SAY, HEY, PAY FOR IT IN 2024.

THE PRICE IS HIGHER. THE PRICE IS THE SAME.

I'M DOUBTFUL IT WOULD STAY THE SAME PRICE.

SO I THINK YEAH, WE ARE OVERRIGHT NOW.

WE HAVE SOME SAVINGS ON A COUPLE OF ITEMS. AS EVERYBODY KNOWS, WE SCHEDULE TWO YEARS OUT.

THEN WE HAVE TO WAIT A YEAR FOR THE BUDGET TO BE APPROVED.

AND SO THAT IS WHY SOME OF THESE NUMBERS CAN BE DIFFICULT TO NAIL DOWN. I'M JUST ASKING FOR APPROVAL ON THE SECOND ITEM. THEN WE CAN GET A LOT SOONER.

>> COUNCIL IN. >> OUT OF CURIOSITY, WHAT IS DEPARTMENT 32 AND 33-WASTEWATER AND WATER.

YES, MA'AM. PIPE, HEAVY VALVES, MATERIALS AND SUPPLIES FOR PRODUCTS AND STORAGE AT WATER TOWER NUMBER

TWO. >> READY TO MAKE A MOTION.

>> MOVE TO APPROVE. SECOND.

>> THANK YOU ALL VERY MUCH. >> AGENDA ITEM 2023-014.

[2023-014]

REVIEW AND DISCUSS AND PROVIDE DIRECTIONS TO STAFF ON THE TEXAS DEPARTMENT OF TRANSPORTATION PROPOSAL TO CLOSE ADDITIONAL EXISTING MEDIA OPENS ON U.S. HIGHWAY 287.

>> THANK YOU, MAYOR. GOOD EVENING, COUNCIL.

>> COUNCIL WILL RECALL, BACK IN NOVEMBER OF 2021, TX DOT HAD REQUESTED COUNCIL'S SUPPORT FOR THE CLOSING OF SIX MEDIAN OPENINGS ALONG U.S. HIGHWAY 287. THIS WOULD BE DONE AS PART OF THEIR... THEY HAVE A SAFETY PROGRAM OR PROJECT THAT IS GOING TO BE TAKING PLACE THIS YEAR WITH THEIR CABLE BARRIERS WHICH YOU SEE ALONG LOXAHATCHEE SECTION OF 287 AS WELL AS THE MANSFIELD AREA. THIS WILL GO ALONG 287.

THESE ARE THE FOUR INTERSECTIONS ON THE EAST SIDE OF MIDLOTHIAN PARKWAY. THE DIRECTION WE RECEIVED FROM COUNCIL WAS TO SUPPORT THE CLOSING BACK IN 2021.

THERE WERE TWO ON THE WEST SIDE WHICH WOULD HAVE BEEN AT PADERA LAKE BOULEVARD AND THE ONE TO THE NORTH.

THOSE TWO ARE SCHEDULED TO BE CLOSED BY TX DOT.

SINCE THAT TIME, OF COURSE, TRAFFIC HAS CONTINUED TO INCREASE ALONG 287 ALONG WITH DEVELOPMENT.

LAST MONTH, WE RECEIVED A REQUEST FROM TEXAS DOT THAT THEY WERE ASKING FOR THE CITY DIRECTION AND POSSIBLE SUPPORT OF CLOSING THREE MORE. THERE IS ONE RIGHT HERE AT FIRE FLY GARDENS. AND THE CHURCH OF CHRIST.

AND THE ONE IMMEDIATELY TO THE NORTH.

THESE REQUESTS CAME FROM TX-DOT. THEY WOULD LOOK TO CLOSE THEM.

THEY CAN REALLY CLOSE THEM NOW IF THEY WOULD LIKE.

THEY ARE LOOKING FOR LOCALS TO WEIGH IN AND SUPPORT IT OR NOT SUPPORT IT. AND SO THIS WOULD BE CLOSED OR

[01:30:03]

THESE WOULD BE CLOSED IF TX-DOT WAS TO CHOOSE TO DO SO AS PART OF THE PROGRAM THEY ARE DOING RIGHT NOW WITH THE CABLENGS... W THAT THERE HAS BEEN SOME DISCUSSIONS THAT... THERE HAVE BEEN INCREASED ACCIDENTS ALONG 287.

THERE WAS A FATALITY BACK IN EARLY DECEMBER.

ACTUALLY, AT THIS INTERSECTION RIGHT HERE.

A LATE-NIGHT. IT WAS FOGGY.

AND SO IT WAS UNFORTUNATE THAT THAT RESULTED IN A FATALITY.

ONE OF THE CONCERNS AND I HAVE EXPRESSED THIS RECENTLY TO TX-DOT. WE HAVEN'T HEARD BACK FROM THEM.

IS REALLY CLOSING THREE. THIS ONE RIGHT HERE, THERE IS NO CROSS DRIVE ACCESS RIGHT NOW. THERE IS NO REASON, I THINK, NOW TO CLOSE IT. ACTUALLY, IF YOU WERE TO CLOSE THESE TWO, THIS NEEDS TO BE RECONFIGURED TO ALLOW FOR THE TURNAROUND MOVEMENT. SO YOU WOULDN'T HAVE ALL THE MOVEMENT HAPPENING AT PRESIDENTIAL PARKWAY WHICH IS STILL REMAINING OPEN. YOU HAVE THE BUSINESSES.

PART OF BRIDGEWATER NOW. THERE ARE INITIAL PHASES TAKING PLACE ALONG WITH THE DEVELOPMENT TO THE SOUTH.

AGAIN, TX-DOT IS LOOKING FOR DIRECTION F FROM THE CITY.

WITH THAT, I WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT

COUNCIL MAY HAVE. >> YEAH.

I HAVE A STATEMENT, I GUESS MORE THAN ANYTHING.

THIS DOES CAUSE A HARDSHIP ON CREEKSIDE CHURCH SPECIFICALLY.

THE BULK OF THEIR CLIENTELE ARE CALLING FROM MIDLOTHIAN.

THEY ARE GOING ALL THE WAY DOWN FROM MIDLOTHIAN TO LOXAHATCHEE HIGH SCHOOL IF THESE THREE ARE SHUT DOWN.

OR EVEN IF THE TWO FURTHER EAST ARE SHUT DOWN.

ALL THE WAY DOWN TO LOXAHATCHEE HIGH SCHOOLING TO DO THE BIG TEXAS TURNAROUND AT THAT POINT. I THINK IT CREATES A HARDSHIP ON THEM. THAT SAID, I BELIEVE THAT THE HARDSHIP IS JUSTIFIED BECAUSE OF THE SAFETY CONCERNS.

I WOULD MAKE... INGUESS A DIFFERENT REQUEST.

BECAUSE THAT IS SORT OF A CHURCH... A CHURCH IS A HIGH-- OUTPUT FACILITY AT SPECIFIC TIMES.

DO YOU THINK TX-DOT MIGHT BE WILLING TO COME IN AND GIVE THEM AN ACCELERATION LANE OR SOMETHING TO HELP WITH... TO SPEED UP THEIR EXIT PLAN AS THEY RELEASE FOR CHURCH OR SERVICES?

>> WE COULD DEFINITELY ASK ON THAT.

MAYOR PRO TEM. AGAIN, THE HOPE IS GOING TO BE FORECAST NOT JUST CLOSED-MEETING OPENINGS BUT DO IMPROVEMENTS THAT WILL BENEFIT ALSO THOSE ACCESSING 287.

WHETHER THIS BECOMES A RIGHT IN AND RIGHT OUT.

YOU DO NEED TO HAVE FOR THAT ACCELERATION.

IF YOU ALLOW FOR THIS TO BE A TURNAROUND, YOU NEED TO PROVIDE FOR THE PROPER DECELERATION AND THE ABILITY TO MAKE THAT TURN.

AND THEN ALSO TO ACCELERATE AS WELL.

SO YOU ARE NOT COMING FROM A STANDSTILL WITH THE TRAFFIC THAT

IS TRAVELING SOUTHBOUND ON 287. >> WE ARE GOING TO BE FORCING 100% PEOPLE OF THESE OUT TOWARD MIDLOTHIAN NOW.

IT WILL CREATE A TRAFFIC CONCERN AS THEY ACCELERATE THERE. I WOULD REQUEST THAT STAFF WOULD

REQUEST AN ACCELERATION LANE. >> YES, SIR.

WE CAN. ONE THING I WANT TO TELL COUNCIL, TOO. WE DID HAVE A MEETING LAST WEEK WITH TX-DOT. IT INVOLVED GRAND PRAIRIE AND LOXAHATCHEE LOOKING AT THE FRONTAGE ROADS.

IT IS MOVING, ACTUALLY. THE TIMELINE THAT WE GOT, THOUGH, IS AT THE EARLIEST, YOU WOULD BE LOOKING AT CONSTRUCTION STARTING IN 2028. IT IS NOT FUNDED.

THE FUNDS ARE NOT AVAILABLE FOR CONSTRUCTION.

AGAIN, THAT WAS THE EARLIEST WE WERE TOLD.

SO IT COULD BE LATER. IF IT DID START IN 2028, YOU ARE LOOKING AT A COUPLE OF YEARS OF CONSTRUCTION.

YOU ARE STILL LOOKING AT PROBABLY 2030 AT SOME POINT.

BEFORE YOU KNOW, THIS FRONTAGE ROAD ALONG WITH SEPARATED INTERCHANGES, AT THE KEY INTERSECTION.

THAT IS SOMETHING TO TAKE INTO CONSIDERATION.

AGAIN, THIS IS LOOKING AT, YOU KNOW, KIND OF BAND-AIDS.

BUT OTHER IMPROVEMENTS WILL BE NEEDED TO GO ALONG WITH THESE

BAND-AIDS. >> I SEE THIS AS QUITE THE OPPOSITE. I MEAN, THIS JUST... WE ALREADY CLOSED SIX. NOW WE WANT TO CLOSE THREE MORE.

WE DON'T HAVE VERY MANY EXITS THAT RUN OFF 287.

INTO MIDLOTHIAN. .

>> THAT'S RIGHT. >> SO EVERY SINGLE TIME ANYTHING HAPPENS ON THE HIGHWAY, IT IS PANDEMONIUM AT EVERY EXIT.

NOW WE ARE POTENTIALLY ADVOCATING FOR THE CLOSURE OF EVERY OTHER WAY YOU COULD GET A DIFFERENT DIRECTION? I'M A HARD NO. WITH A CAPITAL H.

>> YUP. >> UNTIL TX-DOT GETS US SOME SUPPORT, I'M TALKING DECELERATION, ACCELERATION, FRONTAGE ROADS, I IMMEDIATELY REGRETTED CLOSING THE OTHER SIX, AND THERE IS NO WAY I COULD SUPPORT THIS.

I MEAN, RUNNING EVERYONE TO LOXAHATCHEE HIGH SCHOOL.

S OR 77, PRESIDENTIAL, PLAIN VIEW.

I MEAN, GOSH. I REMEMBER JUST THE CONSTRUCTION NIGHTMARE AT PLAIN VIEW 287. JUST WHILE THEY WERE DOING THAT.

WE HAD THESE THINGS OPEN. I MEAN, WE WERE BACKING UP TO

[01:35:02]

77. WE WERE BACKING UP TO 3650.

AND THAT IS WITH EVERY OTHER AVAILABLE OPTION TO AVOID 287.

I CAN'T SUPPORT THIS. I KNOW SAFETY IS ONE THING.

JUST AS SOON AS WE CLOSE ONE OF THOSE, SOMEONE ELSE IS GOING TO,

YOU KNOW, HAVE AN ACCIDENT. >> I AGREE WITH EVERYTHING YOU JUST SAID. SINCE I HAVE BEEN IN OFFICE, TX-DOT HAS DONE EVERYTHING TO NOT IMPRESS ME BY THEIR WORK ETHIC. KEEPING THEY WORD... THEIR WORD, RETURNING PHONE CALLS. DOWN THERE BY WALMART, UNDER THE UNDERPASS, IT HAS TAKEN THEM TWO YEARS JUST TO FIX THAT.

IT TOOK A STATE REP GETTING VOSTLED FOR THEM TO EVEN RETURN NECESSARIAGES. ... TO RETURN MESSAGES.

I SEE THIS AS TX-DOT WANTING OUR BLESSING JUST TO ACROSS THE BOARD CLOSE EVERY CROSSOVER THAT CITIZENS NEED TO GET TO CHURCH, TO GET TO SCHOOL, TO GET TO WORK BECAUSE THEY WILL NOT ACCE ACCELERATE... TO THE AIRPORT. THAT IS OUR AIRPORT.

>> TO THE AIRPORT. JUST BECAUSE THEY WILL NOT...

THEY HAVE PUT MIDLOTHIAN ON THE BACKBURNER.

BECAUSE THEY WILL NOT IMPROVE 287.

WHAT HAVE THEY DONE TO HELP US ALLEVIATE TRAFFIC AND SAFETY ON THAT HIGHWAY? THAT IS NOT A QUESTION FOR YOU.

AS FAR AS I'M CONCERNED, IT IS NOTHING.

IT IS NOTHING. NOW, IF TX-DOT WANTS TO CALL YOU OR HAVE A MEETING, I SAY WE HAVE A WORKSHOP, MAYOR, AND HAVE TX-DOT THERE AND THAT WAY, THEY CAN BE ASKED DIRECT QUESTIONS.

WE CAN RECEIVE ANSWERS FROM THEM.

I'M NOT IMPRESSED WITH TX-DOT AT ALL.

I'M NOT IN FAVOR OF THIS AT ALL. >> THANK YOU.

SPHWHAIN. >> YEAH.

I HAD ONE THING THEY HAVE DONE FOR US.

THEY CLOSED CLINTON. THE CROSSOVER AT CLINTON.

WE GOT SO MANY COMPLAINTS... I GOT THEM.

I'M SURE EVERYBODY ELSE DID. I GOT MANY COMPLAINTS.

PEOPLE ON CLINTON. BECAUSE THE TRUCKS ARE GOING THROUGH THERE. WELL, THEY ARE DOING CONSTRUCTION. AND THEY CLOSE THAT.

THEY DID THAT GOOD FOR US. THE REST OF THEM, I DON'T KNOW.

AND THESE RIGHT HERE, SAFETY IS AN ISSUE.

THERE IS NO QUESTION. BUT I CAN'T SEE THAT CLOSING ANY OF THESE IS GOING TO MAKE IT ANY SAFER.

I MEAN, YOU SEE TRAFFIC EVERY DAY.

SO YOU HAVE A BETTER IDEA THAN I DO.

I CAN'T SEE IT AS A... >> CLARK IS NEXT.

CLARK? AND THEN HUD.

>> THANK YOU. WAYNE WAS STILL SPEAKING.

>> WELL, I APOLOGIZE, WAYNE. I HAVE MULTIPLE QUESTIONS.

I GUESS THE FIRST ONE WOULD BE STARTING WITH THE AIRPORT.

I LOVE OUR AIRPORT. I'LL BE HONEST.

I KNOW NOTHING ABOUT AIRPORTS. I THINK IT IS COOL.

I GO OUT THERE AND VISIT IT. I DON'T KNOW ANYTHING ABOUT IT.

FROM OUR AIRPORT LIAISON AND OUR MAYOR WHO HAS A BACKGROUND IN AVIATION, IS THAT NOT GOING TO BE HURTING OUR OWN AIRPORT?

I MEAN... >> JUST TO BE BRIEF, THE VERY FIRST QUESTION AND LIMITATIONS THAT WILL COME UP AT THE DEVELOPMENT OF THAT AIRPORT IS INGRESS AND EGRESS ON TO THAT

HIGHWAY. >> HUD?

>> WAYNE, TO TOUCH ON WHAT YOU SAID, ALL TX-DOT IS DOING RIGHT HERE IS THEY ARE MOVING ACCIDENTS OFF OF THEIR "PRO "PROPERTY" ON TO OURS. WHEN YOU CLOSE THESE MEDIANS LIKE THAT, PEOPLE AREN'T GOING TO STOP DRIVING ALONG THERE.

THEY JUST WON'T BE ABLE TO TURN THERE.

WHAT THEY ARE GOING TO COIS GO DOWN TO LOXAHATCHEE HIGH SCHOOL OR COME ALL THE WAY INTO MIDLOTHIAN, INCREASE OUR TRAFFIC, INCREASE THE ACCIDENTS ON OUR ROADS AND NOT THEIRS.

THAT IS ALL THEY ARE DOING. THEY ARE PASSING THE BUCK TO WHERE THE ACCIDENTS HAPPEN ON OUR ROADS.

NOT THEIRS. IT IS A SMOKE AND MIRRORS GAME.

>> ANNA? >> CLARK, WERE YOU DONE?

>> IT IS YOUR TURN. >> OKAY.

>> I DIRECT TO YOU. >> ADDING TO ALL OF THIS, LIKE, POLICE AND FIRE, LIKE, ARE WE NOT CONCERNED ABOUT THE TIMELINESS OF RESPONSE TIME AND GOING DOWN AND TURNING AROUND? LIKE,... ANNA, I WAS GOING TO ASK IF THE FIRE CHIEF WOULD COME

UP AND TALK TO US. >> THERE YOU GO.

PUTTING YOU ON THE HOT SPOT. >> COUNCIL, PLEASE.

EVERYBODY WILL GET THEIR COMMENTS IN.

>> GOOD EVENING. HOW ARE Y'ALL TONIGHT?

>> GREAT. >> SO JUST QUICKLY, ABOUT SIX OR SEVEN, MAYBE EIGHT YEARS AGO, I DID AN ACTUAL STUDY ON 287.

AND DID ABOUT A 70-PAGE REPORT TO WHAT THE ISSUES WERE THAT WE WERE FACING. BETWEEN LOXAHATCHEE AND

[01:40:01]

MANSFIELD, AT THAT TIME, WE HAD ABOUT 70 DIFFERENT ENTRY POINTS ON TO 287 AT GRADE. THERE WAS NO SEPARATION.

AND YOU WERE BASICALLY FUNNELING PEOPLE ON TO THE ROAD WHILE TRAFFIC WAS MOVING IN A PERSON INDICK LAR WAY AT 70 MILES AN HOUR. IT IS A DANGEROUS STRETCH.

I DON'T HAVE AN ANSWER TO WHETHER WE SHOULD OR SHOULD NOT CLOSE THOSE ROADS. I CAN TELL YOU THAT AS LONG AS THERE IS A CROSSOVER IN FRONT OF FIRE FLY GARDENS, PEOPLE ARE GOING TO GO OUT AND CROSS THAT TRAFFIC PERPENDICULAR AND THEY WILL HAVE A GREATER RISK FOR INJURY OR DEATH AS OPPOSED TO TURNING RIGHT AND ACCELERATING OUT AND THEN TURNING AROUND AND GOING THE OTHER WAY. RIGHT NOW THERE IS NOT GOOD DIRECTIONAL U-TURNS. WHAT THEY DID AT PRAIRIE RIDGE, THAT IS AN EXAMPLE OF THE DIRECTIONAL U-TURN.

YOU ALLOW TRAFFIC TO ACCELERATE OUT ON THE RIGHT AND ACCELERATION LANE MOVES OVER. DECELERATE.

THEN HEAD ON OUT. THAT WOULD BE A PREFERRED ANSWER. TO HOW WE WANT TO LIMIT SOME OF THOSE CROSSOVERS AND ALLOW TRAFFIC TOK A SEE RATE.

ACCELERATE. THE OTHER THING THAT I HAVE LOOKED INTO IN NEW MEXICO AND SOME DIFFERENT STATES.

THEY ACTUAL WILL CREATE SAFETY CORRIDORS.

A SAFETY CORRIDOR, FINES DOUBLE. THERE IS ALL KINDS OF THINGS TO INCENTIVE VISE PEOPLE TO BE MORE CAUTIOUS AND SLOW DOWN.

HEADLIGHTS HAVE TO BE ON DURING THE DAY.

THINGS LIKE THAT. FOR MORE VISIBILITY.

MOST CARS TODAY OPERATE WITH DAYTIME RUNNING LIGHTS ANYWAY.

SO THERE IS WAYS TO TRY TO IMPROVE THE SAFETY ALONG THAT CORRIDOR. TO ANSWER YOUR QUESTION, AS FAR AS RESPONSE TIME, EVERY TIME WE CLOSE DOWN ONE OF THOSE CROSSOVERS WHERE WE MIGHT BE ACCESSING TRAFFIC GOING NORTH OR SOUTH, ALONG THAT ROADWAY, IT WILL ADD OR COULD ADD ADDITIONAL

TRAVEL TIME TO US. >> I WOULD ASSUME IF THERE W WAS... I'M SORRY. NORTHBOUND.

YOU WOULD COME OUT OF, I'M ASSUMING STATION TWO AND COME OUT OF THE HIGH SCHOOL AND COME BACK UP.

>> THAT IS CORRECT. SARDIS IS PROBABLY THE SOONEST YOU COULD TURN AROUND. IF THEY DON'T CLOSE THAT ONE.

YOU CAN CREATE THESE TURNAROUNDS WHERE THERE IS EMERGENCY ACCESS ONLY. THAT IS ANOTHER OPTION.

YOU CAN CLOSE IT BUT ALLOW FOR POLICE AND FIRE VEHICLES.

THEN YOU HAVE TO, YOU KNOW, CONTROL THAT AND ENFORCE IT.

>> OTHER COMMENTS, COUNCIL? >> THANK YOU.

>> THANKS. >> WITH THE... WOULD THE CHIEF COME UP? (LAUGHTER).

>> THEY DID HIGH-FIVES. IF PEOPLE WANT TO KNOW WHY WE CHUCKLED UP HERE. CHIEF?

>> YOU KNOW, IT IS THE CHIEF. WE ARE TALKING ABOUT THE ISSUES ON THE CROSSOVERS. FYI, IN THE LAST 12 MONTHS ON THAT STRETCH OF ROADWAY, FROM EASTBOUND CITY LIMITS TO THE WESTBOUND CITY LIMITS, WE HAVE HAD 31 CRASHES.

I DON'T KNOW IF I WAS OUTSIDE TALKING WITH SOME PRESENTERS.

BUT ON THE LAST MAJOR CRASH WE HAD, IT WAS IN FRONT OF THE WEDDING VENUE WHERE WE HAD A DOUBLE FATALITY.

THESE ARE PROBLEMATIC FROM OUR PERSPECTIVE.

AND WORKING THE ACCIDENTS. IN THE LAST TWO YEARS, IN FACT, WE HAVE DONE A STUDY. WE HAVE HAD 49 CRASHES FROM PRESIDENTIAL TO CLINTON. ON THAT ROADWAY.

IN THE LAST TWO YEARS. SO YOU KNOW, WHETHER IT IS ATTRIBUTING TO THE TURNAROUND OR THE CROSSING OVER OR GETTING INTO THE LANE, IT IS THE HIGH SPEED ALONG WITH THE NUMBER OF INTERSECTION THAT IS ARE CREATED BY PEOPLE COMING ON TO THE ROADWAY. IT IS PROBLEMATIC.

THEY ARE DANGEROUS. THE ROADWAY CONTINUES TO ACCELERATE. WE ARE OUT THERE CONSISTENTLY.

WE HAVE TWO TRAFFIC OFFICERS ON THE HIGHWAY.

MOST OF THE DAY. TRYING TO CALM TRAFFIC.

IT IS A VERY, VERY BUSY PART OF THE ROAD.

JUST MY PERSPECTIVE. >> JUST TO ADD TO THAT.

ONE QUICK QUESTION. >> YES, SIR.

>> IF WE WERE TO CLOSE THESE CROSSOVERS AND RUN THEM TO THE NEXT AVAILABLE MAJOR EXIT, DO YOU NOT SEE A BACKUP LIKE WE CURRENTLY HAVE AT 663 AND 287? WHERE IT WOULD BACK UP ON TO THE HIGHWAY AND CONTINUE TO CAUSE ISSUES?

>> UNTIL WE... YOU KNOW, THEY GROW UNTIL WE HAVE THE SERVICE

[01:45:02]

ROADS ON BOTH SIDES OF THE HIGHWAY, WE WILL HAVE CHALLENGES ON THAT. ANYTHING YOU DO TO THE ROADWAY WILL HAVE A CAUSE AND EFFECT. OBVIOUSLY, THAT IS EXACERBATED BY PEOPLE COMING HOME AT 5:00 IN THE EVENING.

IT MAY NOT BE THE SAME TYPE OF EVENT.

DURING THE DAY OR IN THE MORNINGS.

YOU KNOW, I THINK WE PUSH PEOPLE DOWN TO IF MIDLOTHIAN PARKWAY.

THAT WILL HAVE MORE RUN TIME. A LONGER LEAD.

ON TO AND AROUND... IF WE GO DOWN TOWARDS THE EAST.

AGAIN, I DON'T THINK WE HAVE THE SAME TYPE OF SITUATION WE HAVE IN THE EVENINGS OR ON THE WEST SIDE OF THE ROAD.

WE HAVE A LOT OF PEOPLE LEAVING 287 AT 67.

IT IS GOING TO BE A CHALLENGE. WE ARE COMMITTED.

WE WORK WITH ELLIS COUNTY AND DPS ARE OUT THERE QUITE A BIT.

THERE IS A LOT OF POLICE PRESENCE TRYING TO CALM THAT TRAFFIC DOWN. WE WILL CONTINUE... THERE WILL CONTINUE TO BE. IT IS WHAT IT IS.

>> ANNA? >> I HAVE A COMMENT.

I'M DONE WITH CHIEF SMITH. (LAUGHTER).

>> I DON'T HAVE AN EXIT PLAN. >> THANK YOU.

CLARK? >> (LAUGHTER).

>> I'M DISMISSED. >> I'M THINKING I LOST CONTROL A LONG TIME AGO. COUNCIL IN DO YOU HAVE SOME COMMENTS BEFORE I TRY TO DO A SUMMARY.

>> I JUST... AND I DON'T KNOW BETWEEN OUR FIRE CHIEF, OUR POLICE CHIEF AND OUR ENGINEER, MAYBE SOMEONE ELSE IS SEEING IT.

IS THERE A SILVER LINING SOMEWHERE? BECAUSE TRYING TO BALANCE FLOW OF TRAFFIC WITH SAFETY ISSUES WITH NOT DUMPING MORE TRAFFIC INTO NEIGHBORHOODS WHILE ALSO TRYING TO NOT HAVE MORE FATALITIES... LIKE, IS THERE A MIDDLE GROUND? IS THERE, LIKE, HEY, WE THINK WE CAN SHUT TWO DOWN BUT LEAVE THIS ONE OPEN?

>> HUD HIT THE NAIL ON THE HEAD. CLOSING IT IS ONE THING.

WHAT IS THE NEXT STEP. 2028 IS NOT AN ACTIONABLE ANSWER. IN MY OPINION.

>> LET ME GIVE YOU ANOTHER SCENARIO.

YOUR MOTHER... SOMEONE YOU KNOW LIVES ALONG THIS CORRIDOR.

WELL, LET ME THINK OF HOW TO PHRASE THIS.

LET ME PHRASE IT DIFFERENTLY. THERE IS A WOMAN ALONG THIS CORRIDOR. THERE IS A DOMESTIC VIOLENCE SITUATION GOING ON AT THEIR HOUSE.

I'M A PATROL OFFICER. I RESPOND TO THESE CALLS.

IF I WORKED HERE AND YOU CLOSE ALL THREE OF THOSE, HOW FAST DO YOU WANT ME TO GET TO HER HOUSE? AS FAST AS POSSIBLE IN A SAFE MANNER. WELL, YOU ARE DELAYING THAT RIGHT THERE FIVE MINUTES OR SO. TO ANY KIND OF EMERGENCY AT SOMEONE'S HOUSE. WHEN YOU CLOSE THOSE DOWN.

SO PEOPLE TALK ABOUT, WELL, THEY CAUSE ACCIDENTS.

IT CAUSES ACCIDENTS. CLOSING THAT IS GOING TO CAUSE REPERCUSSIONS THAT YOU ARE NOT GOING TO SEE.

BECAUSE THERE IS NO STATS. THERE IS NO WAY TO TRACK IT.

>> CLARK? DO YOU HAVE...

>> I JUST STRUGGLE BECAUSE NOW I FEEL LIKE I'M PLAYING WITH TWO LIVES. THOSE THAT ARE GETTING TAKEN BY TRYING TO CROSS THAT AND THOSE AFFECTED BY CLOSING IT.

HONESTLY, I DON'T HAVE... I'M NOT PERSONALLY... I DON'T HAVE A YES OR NO IN MY HEAD. I DON'T KNOW WHAT THE BEST

ANSWER IS. >> IT IS A TOUGH ONE, AGAIN.

ULTIMATELY, AGAIN, THESE ARE KIND OF BAND-AID FIXES.

EVEN CLOSING THE MEDIAN OPENINGS ISN'T GOING TO STOP ACCIDENTS FROM OCCURRING ON 287. IT IS STILL GOING TO OCCUR.

>> GO AHEAD. >> IT IS HOW DO YOU LEAVE THEM OPEN FOR ONLY EMERGENCY VEHICLES? CAN THEY STAY OPEN AND PUT A SIGN?

>> YES, SIR. >> THE PROBLEM YOU HAVE IS

HAVING IT RIGHT... >> SOME OF THEM ARE, LIKE,...

DOWN 45, THEY ARE GRAVEL. NOT ASPHALT.

THEY HIDE IN THERE AND GET YOU FOR SPEEDING TICKETS.

THAT IS HOW THEY GET ME. (LAUGHTER).

>> ARE WE READY FOR A VOTE, BY CHANCE?

>> IF I'M DOING A SUMMARY. COUNCIL IS FREE TO JUMP IN.

I THINK COUNCIL HAS BEEN PRETTY CLEAR ABOUT HOW PROBLEMATIC THIS IS. AT THIS TIME, MY CONCLUSION IS, AND I AGREE WITH HUD. WE NEED TX-DOT IN HERE A.S.A.P.

2028... IF YOU LOOK AT THE GROWTH OF THE BY-PASS SINCE THEY PUT IT IN, I MEAN, THAT IS CRAZY.

THAT IS UNACCEPTABLE. WE NEED THEM HERE.

I DON'T THINK WE ARE READY TO GIVE DIRECTION YEA OR MAY THE NAY ON THIS. WE NEED A WORKSHOP.

WE NEED IT QUICKLY. WE ARE GOING BACK TO... COUNCIL,

[01:50:06]

WE HAVE TALKED WITH A COUPLE OF PEOPLE.

WE ARE GOING TO GO BACK TO COUNCIL WORKSHOPS ONCE A MONTH.

I PROPOSE. INSTEAD OF TRYING TO DO TWICE A MONTH. WE ALREADY HAVE ABOUT THREE OR FOUR AGENDA ITEMS WE ARE READY TO PUT FORWARD.

SO I THINK COUNCIL... >> CAN WE STRAW POLL YEA OR NAY?

>> I THINK IT IS A HARD NAY UNLESS THEY CAN TELL US WHY.

>> YES. WE CAN.

BUT THIS IS DIFFICULT. YOU GOT TWO, TWO DIFFICULT CHOICES. I WOULD RATHER PERSONALLY HAVE A NO-COMMENT TO TX-DOT AND GET THEM HERE TO TALK.

I DON'T KNOW WHICH WOULD GET THEM HERE FASTER.

SAYING THAT WE FIND THIS WHOLE THING PROBLEMATIC.

AND TO DO A STRAIGHT YES OR NO, I THINK, IS PREMATURE.

>> JUST FOR CLARIFICATION SAKE FOR ME, EVEN IF WE SAY NO, THEY

CAN STILL SHUT THEM DOWN ANYWAY. >> OF COURSE.

SURE. >> BUT WHAT Y'ALL SAID IS COUNCIL NEEDS... THE CITY NEEDS TO SEND A MESSAGE TO TX-DOT.

>> YEAH. AND MY NO IS I'M NOT FOR JUST ARBITRARILY CLOSING THEM. I NEED, I NEED SOMETHING ELSE.

WE CAN'T JUST SHIFT THE PROBLEM. >> I WOULD COME CLOSEST TO SENDING THAT SIGNAL. BUT AGAIN, WE WILL GO FROM LEFT TO RIGHT. WAYNE, DO YOU HAVE A YEAH OR

NAY? >> I HAVE ANOTHER COMMENT TO GO WITH IT. THAT IS ABOUT 2028, WE ARE GOING TO BE AT LEAST 50,000 PEOPLE IN MIDLOTHIAN.

WE HAVE A PROBLEM NOW. WHAT ARE WE GOING TO DO WHEN WE HAVE ANOTHER 20,000? THAT IS THE WAY I FEEL.

YOU CLOSE THOSE THINGS, IT IS NOT THE WAY TO GO.

>> WALTER? >> I'M A NO.

>> I'M A NO. >> YOU WANT TO PUT ANY COMMENT?

>> I NEED A BETTER ACTION PLAN THAN JUST TO CLOSE THE ROAD.

PERIOD. >> ANNA?

>> SAME. AS IT IS RIGHT NOW, IT IS A NO.

BUT I WANT TO ESCALATE ACTUALLY PUTTING A PLAN IN PLACE.

>> I AGREE WITH ANNA'S COMMENTS. NO FOR NOW.

CLARK? >> I'M ACTUALLY OKAY WITH CLOSING SOME OF THEM. BUT THAT WOULD ONLY BE IF THERE

WAS A REMEDY TO... >> SO WE HAVE A BIGGER PICTURE HERE. I THINK.

>> YEAH. I'M COMPLETELY CONFLICTED.

CLARK PHRASED IT WELL EARLIER. I WOULD LOVE THE CONVERSATION TO

CONTINUE WITH TX-DOT. >> LIKE I SAID BEFORE, I WOULD LIKE TO HAVE A SITDOWN MEETING WITH OUR STATE REP, TX-DOT, THE STAKE-HOLDERS INVOLVED IN THIS AREA ON THE 287 CORRIDOR.

>> YUP. IS THAT ACCEPTABLE? STAFF IS THAT GOOD ENOUGH COMMENT FROM COUNCIL?

>> YES, SIR. THANK YOU, COUNCIL.

>> HEY, LET US KNOW WHEN THEY COME.

I WOULD LIKE TO GO. >> AS MUCH AS POSSIBLE, THE WHOLE COUNCIL THERE. NO.

WE WILL CHECK OUR SCHEDULES. YUP.

[2023-015]

WHERE AM I? ITEM 2023-015.

CONSIDER AND ACT UPON AN ORDINANCE ADOPTING A REVIVE PARKS RECREATION OPEN SPACE AND TRAILS MASTER PLAN, REPEALING ALL ORDINANCES IN CONFLICT, PROVIDING THE SERVABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

>> YES. GOOD EVENING, MAYOR AND COUNCIL.

>> WHO IS THAT BEHIND YOU? >> OH, YES.

LET ME INTRODUCE, IT IS NOT ON THE AGENDA.

I WOULD LOVE TO INTRODUCE, WE HAVE HIRED A NEW ASSISTANT DIRECTOR. HER NAME IS AMBER DAM BOROWSKI.

SHE CAME TO US FROM THE CITY OF ARLINGTON.

SHE HAS BEEN THERE FOR 31 YEARS AND 7 MONTHS.

SHE HAS EXPERIENCE IN PARKS. ALL OF THOSE YEARS ARE IN THE

PARKS DEPARTMENT. >> THAT IS AWESOME.

OKAY. >> LOOKING FORWARD TOMARKING

HUGE STRIDES. >> AWESOME.

WELCOME. >> VERY EXCITED.

VERY EXCITED. (LAUGHTER).

>> OKAY. CAN I DO THE CLIFF NOTE VERSION OR THE FULL WRITTEN PART. WHAT DO YOU PREFER?

>> CLIFF NOTES. YES.

. >> HIT THE SLIDES PLEASE, MA'AM.

OKAY. SERIOUSLY, WE ARE GOING TO GO ON BIG PICTURE FOR Y'ALL TO. HIT THE BIG ITEMS AND THEN YOU CAN ASK QUESTIONS ANDLY DO MY BEST TO ANSWER YOU.

SO WE CAN MOVE ON TO THE FIRST SLIDE.

TAMMY, NEXT ONE. OH, I CAN DO IT.

THAT'S RIGHT. WE FIXED IT.

WE FIXED IT. OKAY.

THE PURPOSE OF THE PLAN IS TO PROVIDE AN UPDATE TO THE 2012

[01:55:02]

MASTER PLAN. THE SECOND PART OF THIS IS TO RESPOND TO RAPIDLY GROWING POPULATION THAT WE HAVE JUST BEEN DISCUSSING. WE NEED TO REASSESS NEEDS AND PRIORITIES, PROTECT DWINDLING OPEN SPACE AND ADAPT TO CHANGING CULTURE AND RECREATION TRENDS. WE HAVE A LOT GOING ON.

WE KNOW WE ARE GROWING RAPIDLY. WE KNOW OUR DEMOGRAPHICS ARE CHANGING. AND SO ARE TRENDS FOR RECREATION AND HOW PEOPLE WOULD LIKE TO ENJOY THAT.

WE HAVE THE GUIDING PRINCIPLES OF THIS PLAN WHICH ARE COMMUNITY WHICH IS A HUGE THING FOR US. IT IS INCLUSION AND ACCESS, COMMUNITY PARTNERSHIPS, HEALTH AND SAFETY, EDUCATION AND LIFELONG LEARNING. PAUSE WE KNOW THAT IS WHAT PARKS ARE ALL ABOUT. ECOLOGY WITH.

OUR RESILIENCY AND SUSTAINABILITY AND OUR NATURAL RESOURCE MANAGEMENT WHICH IS A HUGE PRIORITY FOR PARKS DEPARTMENT. IMPLEMENTATION IS QUALITY OVER QUANTITY. LAND MANAGEMENT AND COST RECOVERY. WE MOVE INTO THE GOALS OF THE PLAN WHICH ARE SUPPORT RECREATION AND PHYSICAL ACTIVITY. STRENGTHEN... OH, SLIDES.

SORRY. I THOUGHT YOU WANTED ME TO DO THIS. OKAY.

I'M JUST GOING WITH IT, ANNA. SUPPORT RECREATION AND PHYSICAL ACTIVITY, STRENGTHEN CONNECTIONS TO NATURE, IMPROVEN ACCESS TO PARKS AND RECREATION, MAKE MIDLOTHIAN'S PARKS A MODEL FOR ACCESSIBILITY AND INCLUSIVETY AND ADAPT TO A GROWING POPULATION. FINALLY, THE PLAN WILL END UP WITH ACTION ITEMS THAT WE CAN UTILIZE.

THIS WILL NOT BE A SIT ON THE SHELF DOCUMENT.

THIS IS SOMETHING WE WILL LOOK AT.

THIS IS SOMETHING WE WILL LOOK AT TO THE FUTURE AND ACTUALLY, UTILIZE THIS AS WE MAKE OUR DECISIONS ON HOW WE MANAGE AND WHAT WE DO IN THE FUTURE. SO THAT INCLUDES CAPITAL PROJECTS SUCH AS PARK UPGRADES, INVESTMENTS IN UNDEVELOPED PARK PROPERTIES, AND LAND ACQUISITION FOR NEW PARKS.

THE POLICIES THAT WE NEED TO HAVE IN EFFORT THAT RESULT IN CHANGES BY PROCESSES OR LAY THE GROUNDWORK FOR FUTURE INVESTMENTS, AND THEN PARTNERSHIPS, LIKELY, PARTNERS TO INCLUDE PRIVATE/PUBLIC AGENCIES, OTHER CITY DEPARTMENTS, CITY COUNCIL, NEIGHBORHOODS, AND NONPROFIT ORGANIZATIONS. FINALLY, OPERATIONS WHICH WOULD BE LOOKING AT STRUCTURAL CHANGES THAT RESULT IN SHIFTS OF DAY-TO-DAY MANAGEMENT OF THE PARKS SYSTEM.

NOW, WITH THE QUICK SLIDES WE RAN THROUGH, I JUST KIND OF WANT TO FOLLOW IT UP WITH THE INTENTION OF THE PLAN IS TO PROVIDE A ROAD MAP TO THE FUTURE OF MIDLOTHIAN'S PARKS AND RECREATION SYSTEM. TO CREATE A COHESIVE GUIDE TO REACH THE COMMUNITY GOALS. THIS MAP ALLOWS US TO INCREASE AND UPDATE OUR PARK SYSTEM ACCORDING TO FUNDING OPPORTUNITIES, AVAILABLE OVER THE NEXT FIVE TO TEN YEARS.

THIS PLAN SETS LOFTY GOALS. I KNOW IF YOU LOOKED IN THIS, YOU SAW THERE ARE... THERE IS A TON OF OPPORTUNITY FOR US.

WE INTENTION NATALIE SET HUGE GOALS FOR... WE INTENTIONALLY SET HUGE GOALS FOR OURSELVES IN CASE ALL THE STARS ALIGNED AND WE ARE ABLE TO JUMP STRAIGHT TO THE MOON.

WE WANT TO HAVE THAT IN PLACE. WE DO NOT WANT TO HODGEPODGE THIS SYSTEM. THE KEY IS, WE ARE WORKING THROUGHOUT THIS COMMUNITY TO CREATE COHESIVE DESIGN, STANDARDS AND MAKE SO IT WHEN YOU KNOW... WHEN YOU GET TO MIDLOTHIAN, YOU KNOW YOU HAVE ARRIVED.

AND WE WANT TO PUT THAT OUT THROUGHOUT THE COMMUNITY.

NOT CHANGE IT. SO ANYWAY, WITH THAT, I WOULD BE HAPPY TO TRY TO ANSWER ANY OF YOUR QUESTIONS.

THAT YOU HAVE. >> COUNCIL?

ANYBODY? >> OKAY.

. >> STATEMENTS?

ANNA? >> I CAN NOT SAY I HAVE READ EVERY WORD IN THIS, BUT I HAVE DONE HEAVY, HEAVY SKIMMING.

IT SEEMS VERY NICE. I KNOW.

A LOT OF HEAVY SKIMMING. IT IS REALLY GREAT.

AND I KNOW, AS YOU ARE BUILDING YOUR TEAM AND YOU ALREADY HAVE A GREAT TEAM, LIKE, I TOTALLY TRUST THE IMPLEMENTATION OF IT IS GOING TO BE THERE. MY TWO QUESTIONS ARE REALLY A, IS THERE, LIKE, SYSTEMATICALLY, WHAT KEEPS THIS OR LOGISTICALLY, WHAT KEEPS THIS PLAN, LIKE, IN FRONT OF EVERYONE? TO ENSURE THAT IT DOESN'T GET DUSTY.

BECAUSE ALL OF THE FIRES THAT GO ON, YOU KNOW, CAN TAKE PRIORITY.

[02:00:01]

AND THEN TWO, AS COUNCIL, IS THERE ANYTHING THAT WE CAN DO TO HELP KEEP IT AT THE FOREFRONT WITH Y'ALL?

>> ABSOLUTELY. SO TO ANSWER THE FIRST PART OF THAT QUESTION. THAT IS MY JOB.

TO KEEP THIS NOT DUSTY. IT IS ALSO OUR JOB TO KEEP IT OFF THE SHELF AND NOT TO ALLOW IT TO BE DUSTY.

YOU KNOW, WITH THE EXCITEMENT THAT WE HAVE HAD, YOU KNOW, WITH NEW PARKS. I WILL TELL YOU, I'M READY TO DO, LIKE, SEVEN OF THESE THINGS TOMORROW.

SO THAT IS PROBABLY ONE OF THE THINGS THAT... WE ARE LOOKING AT FUNDING OPPORTUNITIES, GRANT OPPORTUNITIES OUT THERE.

WE ARE WORKING WITH 4B A LOT. THE PARKS BOARD.

THEY ARE KEEPING IT FROM GETTING DUSTY.

THEY ARE IN IT. THEY WANT TO BE A PART OF IT.

THEY APPROVED THIS. THEY ARE READY TO MOVE FORWARD.

AND I OUR NEW CHAIR WILL NOT ALLOW ME TO LET ANYTHING GET DUSTY. BECAUSE HE IS IN CONSTANT CONTACT ABOUT IMPROVEMENTS. HE HAS SUCH A PASSION FOR IT.

IT REALLY PROPELS US TO KEEP MOVING FORWARD.

AS F AS COUNCIL, IT WILL COME T, YOU KNOW, THOUGHTS AS TO HOW THE COUNCIL FEELS ON MAKING THESE IMPROVEMENTS.

LARGE AND SMALL. AND THAT IS PART OF THE PLAN.

AS WE HAVE SOME SMALL TICKET ITEMS WE CAN PROBABLY DO WITH SOME PARK BUDGETS. SOME THAT WE CAN WORK WITH 4B.

IN THE END, SOME OF THESE ARE GOING TO BE BOND PROJECTS.

THAT IS GOING TO BE THE DESIRE OF THE COMMUNITY AND HOW Y'ALL FEEL ABOUT IT TO MOVE FORWARD TO DO SOME OF THESE LARGE-TICKET

ITEMS. >> OKAY.

THAT IS AWESOME. ONE LAST QUESTION.

I JUST THOUGHT OF BEFORE WE GET TO WALTER.

THE WATERFRONT PROJECT IN HERE. IS THAT THE BOARDWALK?

>> THAT IS NOT THE BOARDWALK. >> THAT IS SEPARATE?

>> IT IS SEPARATE. IT COULD SOMEWHAT BECOME THAT.

BUT THAT IS NOT REALLY THE INTENTION.

THE THOUGHT WAS TO HAVE A BEACH. AND WITH THAT PROPERTY, THE WAY IT IS LAID OUT... YOU KNOW, NOT NECESSARILY LIKE WHERE... YOU KNOW, WE ARE IN ST. THOMAS. IT IS ESSENTIALLY THAT WE ARE GOING TO HAVE A NICE ACCESS THAT PEOPLE CAN ENTER THE WATER IN A CLEAN SPACE AND FEEL COMFORTABLE WITH THAT.

WE HAVEN'T IDENTIFIED THAT. THAT IS ONE OF THOSE BIG PIE IN THE SKY HOPES. THAT PEOPLE HAVE MENTIONED.

>> I LOVE IT. >> WALTER?

>> GENERALLY, IF YOU WERE TO COMPLY WITH EVERYTHING HERE, DO

YOU HAVE AN OVERARCHING COST? >> HUNDREDS OF MILLIONS OF

DOLLARS. >> FANTASTIC.

>> I MEAN, HONESTLY, AND IT IS NOT PRICED-OUT IN THIS.

IT IS NOT REALISTIC. IF WE DO IT THIS YEAR OR WE DO IT IN FIVE YEARS, THE PRICE IS GOING TO BE COMPLETELY

DIFFERENT. >> SURE.

>> WHEN IT COMES UP TO... WE SEE AN ITEM, AND THE PRIORITY IS ON ONE OF THE HIGHER PRIORITY LISTS, AND IT REALLY COMES TO THE FOREFRONT THAT WE WANT TO LOOK AT THIS.

IT IS VERY EASY FOR US TO SAY THIS IS GOING TO BE $10 MILLION PLUS. THIS IS GOING TO BE $5 MILLION UNDER. WE CAN REALLY LOOK.

DO WE WANT TO GO OUT FOR BONDS TO MAKE THESE LARGER IMPROVEMENTS OR IS THIS SOMETHING I CAN LOOK TO TEXAS PARKS AND WILDLIFE? YOU KNOW, I CAN WORK WITH 4B.

THESE ARE THE ITEMS. WHEN PEOPLE ASK ABOUT THAT PRICING, WE HAVEN'T DESIGNED IT. WHAT AMENITIES ARE GOING TO BE IN IT AND HOW BIG ARE WE GOING OR HOW SMALL ARE WE GOING? THAT REALLY SETS THE COST. WE CAN SAY WE KNOW WE WANT A PARK. WE KNOW OUR STANDARD IS NOW COMMUNITY PHASE TWO. I CAN TELL YOU THAT IS GOING TO BE AT LEAST $15 MILLION. WE KNOW THAT.

OFF THE BAT. JUST GENERAL.

>> SO WHAT WAS YOUR TOTAL PARKS BUDGET THIS YEAR?

>> ABOUT $2 MILLION. >> $2 MILLION.

DOES ANY OF THAT GO TOWARDS THE CREATION OF NEW PARK FACILITY?

>> IT IS REALLY TO OPERATIONS AND MAINTENANCE, BUT... AND NOT TYPICALLY NEW PARKS. KIT MAKE IMPROVEMENTS IN THE UPDATES TO THE CURRENT PARKS. YOU KNOW, WHEN WE LOOK AT IT, AT THE END OF THE YEAR, WE WATCH TO SEE IF WE HAVE BUDGET LEFT.

WE KNOW HOW MUCH DAMAGE WE HAD OR HOW MANY THINGS BROKE OR WE HAD SEVERE DROUGHT OR SOMETHING. SOMETHING OF THAT NATURE.

WE KNOW THAT INCREASES OUR COSTS.

AT THE END OF THE YEAR, WE DO HAVE ITEMS PRICED THAT WE CAN MAKE A MORE SUBSTANTIAL IMPROVEMENT IN A PARK.

[02:05:01]

AND WE HAVE IT PRICED READY TO PULL THE TRIGGER IF WE HAVE THE FUNDING LEFT. SO IT IS NOT TYPICALLY SET IN PLACE UNLESS WE PUT IT IN OUR SUPPLEMENTALS THAT WE WANT TO REPLACE THE PLAYGROUND, WE WANT TO DO THAT.

THAT WOULD COME OUT IN THE BUDGET PROCESS, AND IT WOULD BE IN OUR SUPPLEMENTALS. NOT GENERAL MAINTENANCE.

>> IT WOULD BE SAFE TO SAY IN ORDER TO EFFECTIVELY ACHIEVE SIGNIFICANT AMOUNTS OF THIS PARK MASTER PLAN THAT WE ALL COMMISSIONED AND BLESSED AND EVERYONE WORKED SO HARD ON, WE AS A CITY LEADERSHIP TEAM WOULD HAVE TO GET SERIOUS ABOUT ALLOCATING FUNDING ANNUALLY TO NOT ONLY THE MAINTENANCE AND REPAIR BUT THE ACTUAL PLANNING AND EXECUTION OF THESE PARK

FACILITIES. >> ABSOLUTELY.

IT WOULD BE LOOKING IF WE... YOU KNOW, EVENTUALLY, WE DO A BIG PART... A BIG PARK REQUEST. IF THE COMMUNITY IS DESIRING THAT. AND THEN THIS, IT SHOWED THAT THEY WOULD BE SUPPORTIVE OF 8 # 6% OF THE PEOPLE... THEY SAID THEY WOULD SUPPORT BONDS FOR PARKS.

AND IT IS UP TO US, AND I WILL PUT IT AS MS. DOMBROWSKI CAME ONBOARD. A BIG CHARGE THAT WE HAVE IS TO LOOK FOR AS MANY GRANT OPPORTUNITIES THAT WE CAN FIND TO HELP. THERE IS TRAILS WE CAN BUILD.

YOU KNOW, SOFT SURFACE. THINGS OF THAT NATURE.

THAT TEXAS PARKS AND WILDLIFE HS HAS OPPORTUNITIES.

THERE IS OTHER OPPORTUNITIES THAT GO UP TO $750,000.

JUST WITH THEM, NOT TO MENTION WHAT WE ARE LOOKING AT FOR TRAILS WITH COG AND THE STATE AND THE FEDERAL GOVERNMENT.

THERE IS SOME CALLINGS COMING UP THAT I'M PROBABLY GOING TO COME TO Y'ALL LOOKING TO PUT SOME INTEREST OUT THERE AND SEE IF WE CAN JUMP INTO THAT AND GAIN SOME ADDITIONAL FUNDS.

THAT IS A $5 MILLION... THE LOWEST IS A $5 MILLION PROJECT.

>> MY LAST STATEMENT WOULD BE NOT SO MUCH A QUESTION.

I WOULD THINK THAT THE WAY WE KEEP THIS PLAN FROM GATHERING DUST ON A SHELF IS TO GET SOME MONEY BEHIND IT.

SO IT CAN GET IN WORK. SO WE ARE USING IT ROUTINELY.

>> YES, SIR. ABSOLUTELY.

>> CLARK? .

>> I JUST HAVE A COMMENT. AND THAT WAS... I'M EXCITED FOR THIS. I WAS ON THE PARKS BOARD FOUR YEARS AGO. I USED TO GET FRUSTRATED THAT THERE WAS NO ACTION PLAN. EVERYTHING WAS REACTIONARY.

WHEN YOU WENT PARK TO PARK, THERE WAS NO CONSISTENCY.

. >> DO OFF MOTION?

. >> JUST ONE MORE.

A BIG IDEA. NUMBER THREE.

CONSTRUCTED TOWN SQUARES. IN THE HEART OF THE CITY IS.

THAT DIFFERENT THAN WHAT WE ARE DOING WITH CITY HALL?

>> NO, MA'AM. IT TIES EXACTLY IN WITH THAT.

AS THE NEW BUILDINGS ARE PUT IN AND WE ARE LOOKING AT WHAT WE CAN DO DOWNTOWN TO IMPROVE THAT AND ADD PARK LAND, IT WILL TIE

IN TOGETHER. >> I WOULD LIKE TO MAKE A

MOTION. >> A MOTION.

>> I WOULD LIKE TO MAKE A MOTION TO APPROVE AS PRESENTED.

>> SECOND. >> A MOTION TO APPROVE AS PRESENTED. SECOND.

PLEASE VOTE. >> THE ITEM PASSES 7-0.

>> THANK YOU, MAYOR AND COUNCIL. I WILL SEE Y'ALL IN THE PARKS.

>> I WOULD LIKE TO MAKE A SIDE COMMENT HERE.

AND LOOKING BACK OVER THE 26 YEARS I HAVE BEEN HERE, LAND, YOU KNOW, WE NEED TO GET IN FRONT OF THE LAND ACQUISITION.

THAT IS VERY IMPORTANT. THAT IS GOING TO BE A VERY SCARCE COMMODITY IN THE FUTURE. I WOULD PERSONALLY ENCOURAGE US

TO GO FORWARD WITH THAT. >> WELCOME TO MIDLOTHIAN.

THE PARKS DEPARTMENT HAS GREATLY IMPROVED OVER THESE LAST THREE AND A HALF YEARS. IT IS AMAZING.

HOW THEY HAVE STEPPED UP. AND THE DIRECTION AND LEADERSHIP. I WOULD ALSO EXTEND THAT TO ALL THE STAFF. I MEAN, WE HAVE SEEN TONIGHT ALL THE STAFF COMING FORWARD. WATER, ROADS, DIFFERENT THINGS.

AS WE GROW, WE ARE VERY BLESSED AS A CITY WITH THE STAFF WE HAVE HERE. AND THE JOB THAT THEY HAVE DONE.

SO I THINK KUDOS TO THEM. ITEM 2023-017.

NO. I'M SORRY.

2023-I'M SORRY. I SCRIBBLED ON MY SHEET.

[Items 2023-016 - 2023-018]

2023-016. CONSIDER AND ACT UPON THE APPROVAL OF A CHAPTER THREE AGREEMENT BETWEEN THE CITY OF MIDLOTHIAN AND A COMPANY FOR A SALES TAX SHARE AGREEMENT.

>> GOOD EVENING, MAYOR AND COUNCIL.

ACTUALLY, THE NEXT THREE ITEMS ALL TIE IN TOGETHER.

[02:10:01]

THEY ARE VERY SIMILAR AGREEMENTS.

AND SO IF IT IS OKAY, IF WE DO A PRESENTATION FOR ALL OF THEM, THEN YOU CAN DO SEPARATE ACTION FOR THEM.

>> I DO... >> WHY DON'T YOU GO AHEAD AND

OPEN ALL THREE OF THEM. >> OKAY.

>> OKAY. WE ARE OPEN OR CONSIDERING 2023-017. APPROVE A PROGRAM EXPENDITURES OUTLINED ECONOMIC DEVELOPMENTS PERFORMANCE AGREEMENT WITH SID.

2023-01A. CONSIDER A PROGRAM EXPENDITURE FOR ECONOMIC DEVELOPMENT WITH SID TOOL.

JUST THOSE THREE. >> SO AS YOU MENTIONED, THESE ARE THREE ITEMS THAT HAVE NEARLY IDENTICAL AGREEMENTS THAT ARE BRINGING FORWARD RELATING TO A SALES TAX-SHARING AGREEMENT WITH SID TOOLS. FIRST OFF, I WANT TO MENTION WE HAVE A COUPLE OF ECONOMIC DEVELOPMENT BOARD MEMBERS THAT ARE HERE AND ALSO MIDLOTHIAN COMMUNITY DEVELOPMENT BOARD MEMBERS. EACH OF THOSE ENTITIES HAVE ALREADY REVIEWED THIS PROJECT, SEEN THESE AGREEMENTS AND APPROVED THEM, MAKING RECOMMENDATIONS FOR COUNCIL TO APPROVE THE PROGRAMS AND EXPENDITURES.

THAT IS ITEM 17 AND 18. SO AN OVERVIEW OF THE AGRE AGREEMENTS, WHAT WE HAVE BEFORE US IS A COMPANY SID TOOL KOH THAT IS A WHOLESALE DISTRIBUTOR OF INDUSTRIAL SUPPLIES EQUIPMENT. THEY SEEK TO LOCATE A FACILITY IN MIDLOTHIAN THAT WOULD BE A SMALL OFFICE OPERATION.

THIS IS NOT AN INDUSTRIAL FACILITY.

THIS IS AN OFFICE OPERATION. IT WOULD BE LOCATED OUT OFF OF HIGHWAY 67. OR NEAR THE SIGN LOCATION THAT WE SAW TODAY. ON THE OTHER IF SIDE OF THE HIGHWAY. ASSOCIATED WITH THIS PROJECT, THEY WOULD ESTABLISH A REGIONAL HEADQUARTER FACILITY IN MIDLOTHIAN. THAT WOULD PRY LAIRLY...

PRIMARILY HANDLE THE HEADQUARTER OPERATIONS OF A LARGE SALES FLEET THAT GOES ACROSS THE STATE, SERVICES DIFFERENT MANUFACTURING FACILITIES, INDUSTRIAL FACILITIES ACROSS THE STATE. AS THE REGIONAL LECT FACILITY, THEY WOULD BASE OUT OF MIDLOTHIAN AND USE MIDLOTHIAN AND SOME OF OUR FACILITIES FOR THEIR BUSINESS ACTIVITIES.

ONE OF THE KEY THINGS THAT THIS AGREEMENT ALSO DOES AS THEY HAVE VARIOUS SALES EMPLOYEES ACROSS THE STATE IS BRINGING THEM BACK, INCLUDING IN THIS AGREEMENT. THEY WILL BE REQUIRED TO USE OUR CONFERENCE CENTER, FOUR TIMES A YEAR FOR THOSE FACILITIES.

WE SEE SOME ADDITIONAL USE OUT OF THOSE COMMUNITY FACILITIES.

THE AGREEMENT DOES HAVE A MINIMUM REQUIREMENT FOR JOBS SIMILAR TO OUR OTHER PROJECTS. HOWEVER, THIS IS A MINIMUM REQUIREMENT OF THREE EMPLOYEES. ONE OF THE THINGS THAT IS UNIQUE ABOUT THIS COMPANY IS THAT THROUGH THEIR OPERATIONS, THEY HAVE THE ABILITY TO GENERATE SALES TAX WITH... FOR THE CITY WITHIN THE CITY OF MIDLOTHIAN. THOSE SALES TAX ARE RECEIVED BY THE CITY AND THEN DISTRIBUTED OUT THROUGH THE CITY.

MIDLOTHIAN ECONOMIC DEVELOPMENT AND MIDLOTHIAN COMMUNITY DEVELOPMENT. THE CITY COLLECTS 1% MCDC, HALF A PERCENT. SO INCLUDED WITHIN THIS AGREEMENT, IF THEY HIT A CERTAIN SALES THRESHHOLD, THERE WILL BE A SALES TAX SHARING AGREEMENT. THAT STARTS OFF AT $0 MILLION.

IF THEY HAVE $30 MILLION OF SALES, THAT ARE SUBJECT TO LOCAL SALES TAX COLLECTIONS, THEY WILL QUALIFY FOR A REIMBURSEMENT.

IT FIRST STARTS OFF IF THE 40%. AND THEN IF THEY INCREASE FROM THERE, IT HAS THE ABILITY TO INCREASE FROM 40% TO 5 # 5%.

ALSO 70%. ONE OF THE THINGS THAT I WOULD LIKE TO STRESS. AS IT RELATES TO THE SALES TAX SHARING AGREEMENT. THESE ARE ONLY FOR THE SALES TAXES THAT ARE ACTUALLY RECEIVED BY US.

WE ARE NOT GIVING OUT ANYTHING THAT WE HAVE NOT RECEIVED.

THE ONLY MAJOR DIFFERENCE. MIDLOTHIAN COMMUNITY DEVELOPMENT DOES HAVE A SPECIAL PROCEDURAL REQUIREMENT THAT THEY WILL HAVE TO DO THAT IS ADDRESSED HERE IN THIS AGREEMENT.

AND WITH THAT, ARE THERE ANY QUESTIONS THAT WE MAY BE ABLE TO ANSWER OF THE COUNCIL ON THIS AGREEMENT?

AGREEMENTS? >> I HAVE A QUESTION.

SO WHEN YOU SAID THAT THEY WILL USE THE CONFERENCE CENTER FOR

[02:15:03]

THE MEETINGS, IS THAT AT THE CITY'S EXPENSE OR THEIR EXPENSE?

>> IT IS AT THEIR EXPENSE. AND THESE ARE ADDITIONAL MEETINGS THAT THEY HAVE. THEY ARE REGULAR MEETINGS.

THEY WILL GO ON AT THEIR FACILITY THAT THEY ARE LEASING.

OR HAVE THE ABILITY TO PURCHASE THROUGH THE AGREEMENT.

THESE WOULD BE ADDITIONAL MEETINGS WHERE THEY WOULD LEASE

THE FACILITY. >> AND IS THIS SOMETHING YOUR

BOARD WOULD HAVE VOTED ON? >> THEY DID.

SO BOTH THE MED AND MCDC BOTH VOTED.

THERE WAS A UNANIMOUS 5-0 VOTE IN BOTH ORGANIZATIONS.

>> THANKS. COULD BE SILL? COUNCIL? ANY QUESTIONS?

>> JUST TO CLARIFY, JUST TO CLARIFY, THAT IF WE ENTER INTO THIS SALES TAX AGREEMENT, SHARING AGREEMENT, WITH THIS COMPANY, THEY ARE GOING TO TAKE UP AN OFFICE HERE IN TOWN AND RUN A LARGE PORTION OF THEIR SALES THROUGH OUR TAXING DISTRICT ESSENTIALLY. AND WE WOULD BE ENTITLED TO A PORTION OF THOSE SALES TAXES, AND IN RETURN, FOR DOING BUSINESS HERE, WE ARE GOING TO GRANT THEM AN I BAIT ABATEMENT OF SORTS. SALES TAX INCENTIVE.

THANK YOU. SO THEY DON'T SET UP SHOP

SOMEWHERE ELSE. >> ESSENTIALLY, CORRECT.

>> THAT IS AWESOME. FIND US MORE OF THOSE.

>> MAYBE MORE IMPORTANTLY, ARE THEY GOING TO JOIN THE CHAMBER?

>> (LAUGHTER). >> ASK IF THEY ARE A LOCAL

BUSINESS. >> THIS IS TEN YEARS?

>> SO THE INITIAL AGREEMENT IS FOR TEN YEARS.

THERE IS THE ABILITY THAT WE HAVE TO RENEW FOR AN ADDITIONAL

TEN YEARS. >> WOW.

>> WHAT DO YOU NEED FROM US, MAYOR?

>> A MOTION. >> SO ITEM 2023-016, CONSIDER AND ACT UPON THE RECOMMENDATION FROM MIDLOTHIAN ECONOMIC DEVELOPMENT TO APPROVE THE PROGRAM AND EXPENDITURES OUTLINED IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT WITH SID TOOL COMPANY INC. FOR SALES TAX SHARING

AGREEMENT. >> THAT IS ITEM 17.

JUST SO YOU KNOW. I MEAN, YOU CAN VOTE ON THAT

ONE. >> CAN WE DO THIS?

>> SURE. >> I HAVE BEEN TAKING COPIOUS NOTES. HERE.

OKAY. 2023-017.

>> IS THE ONE YOU JUST READ. >> LET ME HELP OUT.

BECAUSE 16 IS THE ECONOMIC... >> THAT IS THE 380 AGREEMENT BETWEEN THE CITY AND THE COMPANY.

>> OKAY. >> YOU WANT TO DO A QUICK

BRIEF... >> WE HAVE SHARED ALL THREE OF THE AGREEMENTS. THE FIRST ONE IS BETWEEN THE CITY AND THE COMPANY. THE SECOND ONE IS BETWEEN MIDLOTHIAN ECONOMIC DEVELOPMENT AND THE COMPANY: AND THE THIRD AGREEMENT IS BETWEEN MIDLOTHIAN COMMUNITY INVOLVEMENT AND THE

COMPANY. >> NO.

I UNDERSTOOD THAT. MY APOLOGIES.

I THINK WE STILL HAVE TO DO IT INDIVIDUALLY.

I MOVE TO APPROVE AS PRESENTED ON 2023-016.

>> 16. MOTION TO APPROVE 16.

SECONDED. FOR ITEM 2023-016.

MOTION APRIEFD. AND SECONDED.

PLEASE VOTE. ITEM PASSES 7-0.

NOW TO ITEM 2023-017. CONSIDER AND ACT UPON A RECOMMENDATION FOR THE MIDLOTHIAN ECONOMIC DEVELOPMENT TO APPROVE THE PROGRAM EXPENDITURES OUTLINED IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT WITH SID TOOL COMPANY INC. FOR SALES TAX SHARING AGREEMENT.

MOTION? >> MOVE TO APPROVE.

>> SECOND. >> MOTION APPROVED.

SECONDED. PLEASE VOTE.

ITEM PASSED 7-0. NOW ITEM 2023-018.

CONSIDER AND ACT UPON A RECOMMENDATION FROM THE MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION TO APPROVE THE PROGRAM AND EXPENDITURES OUTLINED IN THE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH SAID TOOL COMPANY INC. FOR A SALES TAX SHARING AGREEMENT. MOTION?

>> MOVE TO APPROVE AS PRESENTED. >> SECOND.

>> PLEASE VOTE. ITEM PASSES 7-0.

THANK YOU VERY MUCH, KYLE. I'M SURE THE CHAMBER WILL WELCOME SID TO TOWN. ITEM 2023-019.

[2023-019]

CONSIDER AND ACT UPON A RECOMMENDATION FROM THE

[02:20:03]

MIDLOTHIAN ECONOMIC DEVELOPMENT TO APPROVE THE PROGRAM AND EXPENDITURES OUTLINED IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT WITH SUN OPTA NOT TO EXCEED $300,000.

>> THANK YOU. SO THIS IS A PROPOSAL FOR A SECOND ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT WITH SUNOPTA. THIS IS THE COMPANY THAT JUST RECEIVED THEIRER CERTIFICATE OF OCCUPANCY.

THEY ARE LOCATED IN RAILPORT. NEWER FACILITY.

AACTUAACTUALLY HAD THEIR RIBBON-CUTTING FEBRUARY 8 AT 2:00. IF YOU RECALL, A LITTLE BIT OF BACKGROUND. SO ULTIMATELY, THERE WERE TWO MAJOR AGREEMENTS THAT WERE APPROVED PREVIOUSLY FOR THIS AGREEMENT. THERE WAS AN ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT.

FOR $200,000. THERE WAS ALSO A TAX ABATEMENT AGREEMENT THAT WAS APPROVED BY THE CITY AND THE COUNTY ALSO APPROVED VERY SIMILAR TAX ABATEMENT AGREEMENT.

WHAT IS PROPOSED TODAY IS A SECOND ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT. INCLUDED IN THE FIRST ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT WHERE THEY RECEIVE $200,000 FOR THE COMPLETION OF THEIR FACILITY, THE REQUIREMENT FOR THAT FACILITY WAS THEIR COMPLETION BY A CERTAIN DATE.

SUNOPTA HAD MOVED FORWARD WITH THIS PROJECT DURING A TIME WHEN THEY EXPERIENCED SUPPLY CHAIN ISSUES AND COST INCREASES.

ALL THE FUN THINGS THAT WE HAVE BEEN HEARING ABOUT WITH DEVELOPMENT PROJECTS. THE COMPANY REMAINED COMMITTED TO THE PROJECT, AND THEY PUSHED FORWARD.

THEY ADDED SIGNIFICANT CAPITAL INVESTMENT THROUGHOUT THAT FACILITY. YOU KNOW, AND NOW AS THEY HAVE OPENED UP THE FACILITY AND THEY ARE NOW MOVING TO THE OPERATION COMPONENT OF THE FACILITY, THAT IS COVERED BY THE TAX ABATEMENT AGREEMENT. AND THERE ARE BENEFITS INCLUDED IN THAT AGREEMENT. THAT THEY WILL RECEIVE FOR THEIR OPERATION AT THAT FACILITY. SUNOPTA IS IN A POSITION WHERE THEY HAVE THE ABILITY REALLY TO GROW AND TO GROW FASTER THAN THEY HAD ORIGINALLY PLANNED. THAT IS WHAT IS THE PROPOSAL FOR THIS AGREEMENT. THEY WOULD RECEIVE A $300,000 GRANT IN CONNECTION FOR ADDITIONAL JOBS AND ADDITIONAL PAYROLL THAT GO ABOVE AND BEYOND WHAT IS LAID OUT IN THE TAX ABATEMENT. TO BE VERY CLEAR, THIS IS FOR ADDITIONAL JOBS AND ADDITIONAL PAYROLL THAN WHAT WAS OUTLINED IN ANY OF THE AGREEMENTS THAT WERE HERE.

ULTIMATELY, THESE FUNDS ALLOW THIS NEW COMPANY THAT STARTS UP AS OPERATIONAL TO BE MORE COMPETITIVE.

AS THEY GO OUT AND THEY FIGHT FOR NEW BUSINESS, IT ALSO ALLOWS THEM TO GO AND HIRE QUICKER AND USE MORE MONEY FOR TRAINING.

SO THE REQUEST IS FOR $300,000. THIS MONEY WOULD BE PAID UPON APPROVAL OF THE AGREEMENT. SO THERE WOULD BE TWO YEARS OF COMPLIANCE ASSOCIATED WITH THIS MONEY FROM MIDLOTHIAN ECONOMIC DEVELOPMENT. IN THE EVENT THEY DID NOT MEET THEIR JOB OR PAYROLL REQUIREMENTS, THEY WOULD BE REQUIRED TO REPAY A PORTION OF THE GRANT.

AND SO THERE IS A TWO-YEAR COMPLIANCE PORTION.

EACH YEAR THAT THEY ARE NOT IN COMPLIANCE, THEY WILL HAVE TO REPAY $170,000. SO WITH THAT, IF THERE IS ANY QUESTIONS ABOUT THIS GRANT, I WOULD BE HAPPY TO ANSWER THEM.

>> HUD? >> HOW MANY MORE JOBS IS IT

GOING TO BE? >> SO, LET ME PULL UP MY NOTE REALLY QUICK.

>> IS IT THE # 1 AND 149? >> THE TOTAL IS 11 AND 149.

AS FAR AS DIDIGSAL, AS FAR AS ADDITIONAL, IT STARTS OFF AS FIVE ADDITIONAL FOR THAT FIRST YEAR.

BUT THEN IT ADDS AN ADDITIONAL 43 JOBS IN THE SECOND YEAR.

>> OKAY. HOW MUCH MORE MONEY?

>> THE ADDITIONAL MONEY WOULD BE AN ADDITIONAL $300,000.

>> NO. I MEAN THAT THEY ARE GOING TO BRING IN. HOW MUCH MORE PAYROLL?

>> I HAVE THIS BROKEN DOWN AS A PER JOB.

IT IS AN ADDITIONAL $3,800 PER JOB.

THAT THEY DO. >> WOULD YOU AGREE THAT

[02:25:01]

ULTIMATELY, THIS DEAL BENEFITS THE MIDLOTHIAN TAXPAYER?

>> WITHOUT A DOUBT. RIGHT? I MEAN, THE ASSURANCE THAT WE ARE GOING TO RECEIVE IS ADDITIONAL JOBS AND ADDITIONAL PAYROLL AT THAT FACILITY.

IT ALLOWS US TO REALLY GROW AND TO EXPAND, YOU KNOW, AND THEIR COMPANY TO CONTINUE THEIR GROWTH PLANS AS THEY GROW.

>> SO BASICALLY, MAKING A GOOD DEAL BETTER.

>> MOTION? I MOVE TO APPROVE ITEM 2023.

AS PRESENTED. >> SECOND.

>> MOTION SECONDED. PLEASE VOTE.

ITEM PASSES 7-0. >> THANK YOU.

[EXECUTIVE SESSION]

>> AT THIS TIME, WE CONVENE INTO AN EXECUTIVE SESSION.

AND PURSUANT TO THE FOLLOWING SECTIONS.

SECTION 551.604. CAN WE HAVE QUIET, PLEASE.

PERSONAL MATTERS. TO DELIBERATE THE APPOINTMENT OR DUTIES OF A PUBLIC OFFICER OR EMPLOYEES.

NAMELY, THE MUNICIPAL COURT JUDGE.

AND SECTION 551.087. ECONOMIC DEVELOPMENT.

DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT AND/OR TO DELIBERATE AN OFFER OF FINANCIAL OR OTHER INCENTIVES FOR PROSPECT SO AT 8:26, WE STAND CONVENED TO EXE EXECUTIVE SESSI.

WE WILL COME >> 9:28.

COUNCIL IS BACK IN SESSION. >> I WOULD LIKE TO MAKE A MOTION. MAKE A MOTION TO APPOINT BILL SCOTT AS ASSOCIATE MUNICIPAL JUDGE AND AUTHORIZE THE MAYOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BILL SCOTT TO

SERVE AS THE ASSOCIATE JUDGE. >> SECOND THAT.

>> WE HAVE A SECOND. MOTION TO APPOINT OUR NEW MUNICIPAL JUDGE. PLEASE VOTE.

THE ITEM PASSES #-0. DO WE HAVE A MOTION TO ADJOURN?

>> MOVE TO ADJOURN. >> SECOND?

>> SECOND. INFORM ALL IN FAVOR SAY AYE.

>> AYE. >> AT 9:29, AND 45

* This transcript was compiled from uncorrected Closed Captioning.