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

[00:00:08]

>> GOOD EVENING IF YOU ALL TAKE YOUR SEATS.

IT'S 6:00 P.M., TUESDAY, MARCH 28TH.

I CALL THE SESSION OF THE MIDLOTHIAN CITY COUNCIL TO ORDER. PASTOR REYNOLDS IS WITH US FROM THE MT. PLEASANT CHURCH HERE IN MIDLOTHIAN.

HE WILL LEAD US IN A PRAYER. AND THEN CLARK WILL LEAD US IN

THE PLEDGES >> THANK YOU

>> GOD OF GRACE, GOD OF GLORY, WE THANK YOU FOR THIS DAY.

WE THANK YOU FOR THINKING ENOUGH OF EACH OF US, TO LET US BE PART OF THIS DAY. WE ASK NOW YOUR BLESSINGS TO BE UPON OUR MAYOR, THESE COUNCIL WORKERS, THE FIRST RESPONDERS.

WE ASK THAT YOU WOULD CONTINUE TO CREATE IN THIS CITY A CLIMATE OF KINDNESS, A CULTURE OF RESPECT AND UNITY.

PLEASE BLESS THE BUSINESS THAT WILL GO FOR THE IN THIS NIGHT AND THIS PLACE. WE ASK A SPECIAL BLESSINGS UPON OUR CHILDREN, SCHOOLS AND STUDENTS, OUR FACULTY.

WE JUST PRAY THAT, THE SENSELESS VIOLENCE THAT TAKES PLACE, THAT YOU WILL GUIDE US WHAT'S NECESSARY, TO COOPERATE TO BRING PEACE AND UNITY AND LOVE IN THE PLACE.

THANK YOU FOR LETTING US TALK TO YOU, IN JESUS NAME, AMEN.

[Item 2023-103]

A PRESENTATIONS OF CITIES, FINANCIAL AUDIT FOR FISCAL YEAR, 2021-2022, FOR REFERENCING OF BATILLO BROWN, AND HE LLP.

GIVE US YOUR NAME AND COMPANY >> THANKS FOR HAVING ME.

MY NAME IS KENT WILLIS AUDIT MANAGER AT THE AUDIT DEPARTMENT.

YOU SHOULD HAVE A FINANCIAL REPORT IN FRONT OF YOU.

WHAT I WILL DO, I WILL KEEP IT SHORT, BUT I WILL STOP TO ANSWER A QUESTION. IF YOU HAVE A DRILL INTO, WE CAN GET INTO THE DEBITS AND CREDITS, IF YOU WANT TO.

THIS IS THE 2022 ASR. LET'S START WITH PAGE ONE.

AS WE'RE TURNING TO PAGE ONE, I WANT TO SAY, THANK YOU FOR SELECTING US AS YOUR AUDITOR. WE APPRECIATE THE CITY IN THE LAST FEW YEARS. WE HOPE THE FEELINGS ARE MUTUAL.

AND I WOULD LIKE TO SAY THANKS TO ANNE AND HER CREW, CRYSTAL AND BENJAMIN. THE LIST OF THINGS TO DO AN AUDIT, IS A LOT OF THINGS. THEY HAD TO ANSWER QUESTIONS FROM CHRIS AND THINGS LIKE THAT. SO WE APPRECIATE THEIR HARD WORK, THEIR TRANSPARENCY AND HONESTY THROUGHOUT THE WHOLE PROCESS. THAT MAKES US AS AN AUDITOR, AND HELPING US TO GET TO THE POINT, WHERE WE CAN STAND IN FRONT OF

YOU AND TALK ABOUT THE AUDIT. >> PAGE ONE, WE'LL TALK ABOUT THE INDEPENDENT LETTER. IF YOU PAID CLOSE ATTENTION, YOU MAY NOTICE THE LETTER LOOKS A LITTLE DIFFERENT THIS YEAR.

SOME AUDIT ING HAS BEEN IN CHARGE.

AND IN THE FRONT, THAT'S THE AREA WHERE I WANT TO HONE IN FOR TONIGHT. IT'S WHAT WE DO AS AN AUDITOR AND HOW DO WE CONCLUDE WITH THE PROCEDURES.

[00:05:02]

AS YOU KNOW, AN AUDIT FROM A FINANCIAL FOCUS, WHICH IS WHAT WE'RE DOING, ESSENTIALLY EVERY NUMBER IN THE DOCUMENT, WE'VE DONE SOME PROCEDURE. WHETHER IT'S AN ANALYTICAL TEST, WHATEVER THE PROCEDURE, OUR GOAL IS TO STAND IN FRONT OF YOU AND TELL YOU THE INFORMATION YOU SEE IN THE DOCUMENT IS ACCURATE AM IT'S A FOUR WEEK PROCESS. IT'S A WILL THE OF BLOOD, SWEAT AND TEARS, YOU MIGHT SAY. WE WERE ABLE TO ISSUE A MODIFIED OR CLEANUP OPINION IT MEANS THE FINANCIALS ARE INTERNALLY CORRECT OR THE HIGHEST SET OF MATERIALS WE CAN PROVIDE.

IT QUITE LITERALLY AS GOOD AS IT GETS WHEN IT COMES TO AN AUDIT, CLEAN UP OPINION. ANY QUESTIONS ON THAT PART OF THE LETTER, OR HOW THE AUDIT PROGRESSED, IF I COULD ANSWER

>> WE'LL TAKE A LOOK AT PAGE 106 AND 107.

THE OPINION LETTER, THAT'S WHAT YOU THINK ABOUT, WHEN YOU TALK ABOUT THE AUDIT OF THE CITY. THAT TALKS ABOUT WHAT PROCEDURES, INCOME STATEMENT AND ALL OF THAT STUFF.

THIS PARTICULAR LETTER, WE HAVE TO COMPLY, SUBJECTED TO AN AUDIT. WE HAVE TO APPLY THE STANDARDS AND WHERE MOST OF THE CLIENTS, GET THE CLEAN OPINION, I JUST TALKED ABOUT, THIS AREA BACK HERE IS WHERE THE CLIENTS GET TIPPED UP GOVERNING AUDIT REQUIRES US THE CITY TO COMPLY.

IT ALLOWS TO, LAWS, FINANCIAL STATEMENTS.

OUR CLIENTS TEND, MORE COMMONLY TRIPPED UP HERE AND WE HAVE TO REPORT TO YOU, TONIGHT, IF WE HAVE A FINDING OR IF THE CITY HADN'T COMPLIED WITH LAWS AND REGULATIONS, I WOULD HAVE TO TELL YOU THAT TONIGHT BOTH IN WRITING AND VERBALLY.

YOU GUYS HAVE TO PUT FORWARD A PLAN TO SOLVE THAT IN THE FUTURE. WE WERE ABLE TO ISSUE, NO EFFICIENCIES. PRETTY MUCH, AS GOOD AS IT GETS IN THE GOVERNING STANDARDS REALM.

BOTH AREAS, PRETTY MUCH A GOLD STAR IN THE CITY OF MIDLOTHIAN.

REALLY HAPPY TO REPORT THAT TO YOU ALL.

THAT'S WHAT YOU WANT TO HEAR. IT'S PROBABLY NICE TO HEAR FROM A THIRD PARTY, WHO IS SUBJECTIVE, AS WELL, OBJECTIVE.

COULD I ANSWER ANY QUESTIONS AT ALL IN THAT OR ANYWHERE ELSE IN THE DOCUMENT, I COULD ANSWER THE QUESTION, I'M HAPPY TO DO THAT TONIGHT WELL, GOOD.

GOOD DEAL. THANK YOU ALL FOR YOUR TIME.

I APPRECIATE THE OPPORTUNITY TO CHAT WITH YOU FOR A FEW MINUTES.

WE LOOK FORWARD TO SEEING YOU NEXT YEAR.

THANKS VERY MUCH >> YES, SIR.

[Item 2023-104]

>> 2023 QUORUM REPORTS WILL BE RESCHEDULED TORE A LATER SESSION. AND 2025, CITIZENS TO BE HEARD.

THE COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL IN THE SUBJECT, NOT ONLY AGENDA. IF WE HAD ANY SPEAKERS, WE

[CONSENT AGENDA]

WOULDN'T BE ABLE TO RESPOND. WE HAVE SOME SPEAKERS FOR LATE

>> CONSENT AGENDA ALL MATTERS ARE CONSIDERED ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF THE DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. IS THERE ANY REQUEST FROM

COUNCIL? >> MOVED?

>> MOTION TO APPROVE. IS THERE A SECOND.

[00:10:04]

SECOND. PLEASE VOTE.

>> THE CONSENT AGENDA IS APPROVED 6-0 AND 1 ASCENSION

>> MY APOLOGY. THE CONSENT AGENDA PASSES 7-0.

[Item 2023-115]

OPEN ITEM 2023-115. CONTINUE OF PUBLIC HEARING FROM MARCH 14TH, 2023, CITY COUNCIL MEETING AND CONSIDERING AN ACT AUPON ORDNANCE OF DEVELOPMENT OF 66 ACRES, BE IT LOT, 1, IN THE CITY OF MIDLOTHIAN, ELLIS COUNTY TEXAS, BY CHANGING THE ZONING OF THE PROPERTY FROM INDUSTRIAL DISTRICT, TO INCLUDE BUT NOT LIMITED TO VEHICLE SALES AND RECONDITION IT.

KOBE? >> THANK YOU, MAYOR, COUNCIL

>> WE HAVE SPEAKERS BUT THEY ARE WITH THE APPLICANT

>> THEN WE'LL HAVE THE PRESENTATION

>> THE NEXT ONE IS FOR AGENDA ITEM 2023-114

>> TO ALLOW CAR MAX IN THE RAIL PORT AREA.

AND I BELIEVE ALL OF THE COUNCIL MEMBERS, WITH EXCEPTION TO COUNCIL MEMBER KAUFRMAN. I WILL BE AILING -- HOW, IF

ANYONE HAS ANY QUESTIONS, >> I'M UP-TO-DATE.

>> APPLICANT IS PROPOSING, AND THE TOTAL DEVELOPMENT SITE IS 30 ACRES. CURRENT IS HEAVY INDUSTRIAL MODULE IS DESIGNATED FOR THE FUTURE LAND USE PLAN.

JUST REAL QUICK, FEBRUARY 23, PMZ VOTED FOR APPROVAL, AGAIN, AT THE MARCH 14TH, CITY COUNCIL REQUESTED TO CONTINUE TO

TONIGHT, CITY COUNCIL'S MEETING. >> IT'S BEEN DISCUSSED THAT PMZ DIDN'T KNOW IT WAS IN RAIL POINT AS NOTED?

>> AT THE TIME, IN THE PMZ MEETING, WE WERE IN THE DISCUSSION, THAT THE LOCATION WAS OUTSIDE THE RAIL COURT AREA.

HOWEVER, AT THE COUNCIL MEETING, BY THE TIME WE GOT TO THE COUNCIL MEET. IT WAS WELL

>> THE NEXT SLIDE TO THE RIGHT, YOU COULD SEE COLOR CODED TO THE RIGHT. AS WE NOTED, THE TOTAL DEVELOPED SITE IS 40 ACRES. HOWEVER, THE ACTUAL TOTAL ACRES FOR THE HE, THAT WILL NOT BE DEVELOPED. HOWEVER, IF IN THE FEW TUSH, THE APLIING CANNOTEN. COME BACK FOR REVIEW.

AND ALLOYD IN RED, WILL BE FOR PARKING HERBING.

THESE ALSO OUTLINED IN IR, NORC, ROUGHLY AM 3,400 OUTSIDE.

IT WOULD BE IN A CONCRETE PAVEMENT.

AND I WOULD NOTE, IT'S NOT EXACTLY THE NUMBER ALL AT ONCE.

HOWEVER, WITH THE IN AND OUT TRAFFIC, IT'S GOING TO BE.

HOWEVER, I WILL LET THE APPLICANT SPEAK.

GOING TO THE ORANGE, IT WILL BE AN AUCTION AREA.

THIS IS GOING FOR VEHICLES, THAT DON'T MEET CAR MAX'S STANDARD, RETAIL. THEY ARE TO DETERMINE MAYBE 8:00

A.M. TO 10:00 P.M. >> THERE THIS IS FROM MAGNETS OF

ALL CARS TO PROPERTY >> IT'S THE PROPOSE CAR SH AND

[00:15:07]

THAT'S LOCATED THE TO. OUTLINED IN PLU IS A FENCING

EXHIBIT. >> FROOSHG.

THAT'S GOING TO BE PROPOSED WITH T THE. THE NEXT SLIDE, DEPOSE A SITE, FOR ALL VIEW. AND THE NEXT PICTURE FOR SIDE PLANS FOR WHAT LOO. AND OUTLINED IN THE PRO BOWED CAR WAR. AND OUTLINE, SHG, FOR THE

AUCTION BUILDING >> AND OUTLINE IN PURPLE IS GOING TO BE THE SERVICE AREA. WE WANT TO END THE FEW, AND AS COUNCIL MEMBER DERRICK JUST MENTIONED, THERE WAS CONVERSATION AMONGST THE LAST COUNCIL MEETING.

IS IT LOCATED IN THE RAIL POINT AREA.

IS IT NOT. IT'S LOCATED IN THE RAIL POINT AREA. HOWEVER WE DID MENTION AT THE LAST MEETING THROUGH THE REAL PORT OWNERS, THE APPLICANT HAS WHAT IS CALLED SITE SPECIFIC COVEN NANT.

THEREFORE, THEY ARE PROPOSING WHAT IS PROPOSING.

THE SOOILT IS ACCESSIBLE VIA POWAY AND RAIL POINT DRIVE.

AND WE DID MENTION, 64 TREASURY OF NOTE.

THE OM CANNOT WILL SPEAK MOVE OF THE CHAME.

IT DID CAUSE A SLIDE CHANGE IN THE TIA NOTES.

TWO OXEN, AND NO RETAIL SHOWROOM, LIKE A STANDARD CAR MAX, IF YOU WILL. STAFF OVER PMZ RECOMMENDED 4-0, APPROVED TO SMAV. AND STAFF IS LOOKING FOR

APPROVAL AS PRESENTED. >> BEFORE THE APPLICANT --

>> MY ONLY COMMENT, WILL BE TOWARD PMZ AGENCIES APPROVAL WAS NOT RECEIVED WITH ALL THE INFORMATION WE HAVE NOW.

AFTER SPEAKING TO A NIEB

>>. I FIND IT STRANGE THAT WE'RE LESHING AND SAFE .

THEY DIDN'T HAVE THE INFORMATION.

THEY SPECIFICALLY ASKED THE INFORMATION WE'RE GIVEN

INCORRECT INFORMATION >> CORRECT

>> THAT'S SOMETHING THAT WE IF HE LAST TMZ MEETING, THE PLANET OUT OF THE COMMISSION. AND WE JUST THAT.

'SFCHL. WE STAFF AND PM DID AF SHG WE DIDN'T GET INTO THE CCN'S OR ANYTHING LIKE THAT.

THE APPLICANT HAS SOME SITE SPECIFIC COVERAGE.

WE CAN'T REALLY CONTROL SFORK

>> I WOULD LIKE TO MIRROR WALTER'S CONCERNS.

I HAVE THE SAME CONCERNS >> I KNOW THE LAST PMC, YOU UPDATED THE INFORMATION. DID YOU UPDATE THE TRIPS PER DAY

>> TO 12. THIS IS THIS.

I HAVE NESHG >> THE QUESTION I HAVE WHAT'S THE NOEMENT, WHETHER IT'S IN OUT STOYED JEEK

>> I'LL GO FIRST, IF YOU WOULD LIKE

>> SAY IT AGAIN? >> I WOULD GO FIRST

>> HUNDREDS AND MILLIONS OF TAXABLE VALUE AND.

[00:20:07]

HIGHEST AND BEST USE, THANK YOU >> UNLESS YOU WANT TO ADD.

I DON'T WANT TO CIRCUMVENT. I THINK THEY FRP.

TU. SFM

>> QUICK QUEBING. BY RIGHT, THIS.

OTHER THAN CERTAIN ELEMENTS. WHAT PROMPTED THE CASE?

>> THE PRIMARY THING, IS THE USE OF OUTSIDE STORAGE.

OUTSIDE STORAGE IS WHAT TRIGGERS AN INDUSTRIAL P.

THIS PARKING HERE IS WHAT WE CONSIDERED THE FRONT YARD

>> YEAH >> WE'LL MOVE ON WITH THE APPLICANT. THERE'S FOUR PEOPLE ASSOCIATED WITH THE APPLICATION. SO COME UP AND IDENTIFY YOURSELF, AND WHAT COMPANY YOU'RE WITH.

>> MY NAME IS STEVE HUDAK. I'M A STATE DEVELOPMENT MANAGER FOR CAR MAX. AT THE LAST HEARING, WE WERE AT, BOTH MYSELF AND BRAD, WHO IS WITH ME HERE TONIGHT, WE WERE UNABLE TO ATTEND. INCONSISTENT WITH THE STAFF, WE DIDN'T HAVE A PRESENTATION. AND WE HOPE TO HAVE WHAT WE ARE INTEND TO FILL HERE AND WE HOPE IT FILLS IN THE GAPS.

HOW DO WE GET THE SLIDE THAT'S PRESENTED? AS THEY GET THE PRESENTATION UP, WE HAVE THREE SPEAKERS TO SPEAK TO THE ISSUES. THE FIRST DEALS WITH ZONING, RAIL PORT AND LAND USE. THE LAND USE ATTORNEYS IS GOING TO ADDRESS THE ISSUES. HIS PART OF THE CONVERSATION -- THERE IT IS, SORRY. BILL OLSTROM WILL BE MAKING THE PRESENTATION. I'LL COME UP AND TALK ABOUT THE INVESTMENT CAR MAX WANTS TO MAKE IN YOUR COMMUNITY.

I WILL DISCUSS THE PROPOSAL, WE THINK WE WILL BRING TO THE CITY.

WE WILL FOLLOW-UP WITH BRENT LOFT DOING A PRESENTATION, WITH RESPECT TO WHAT WE THOUGHT WAS A THOUGHTFUL SELECTION AND LAYUP WITH THE PROPERTY. WITH THAT, I'LL LET BILL COME UP

AND DO HIS PRESENTATION >> MAYOR, COUNCIL, EYE MY NAME IS BILL RALSTROM. I KNOW THERE'S DISCUSSION LAST TIME. I THINK WE HAVE ANSWERS FOR YOU TONIGHT. I APPRECIATE THE OPPORTUNITY TO COME BACK AND SPEAK TO YOU. MY PRACTICE IS ZONING DEVELOPMENT WITH JACKSON WALKER. I WANT TO ADDRESS A FEW THINGS HERE. I EXPECT KOBE ALSO, HE DID A GREAT JOB OF PRESENTING WITH THE FACTS.

HEAVY INDUSTRIAL IS A DISTRICT THAT ESTABLISHED AREAS.

IT'S THE OBVIOUS DES NATION YOU HAVE THE AS, THE CAR SALES, AUCTION THAT IS PERMITTED BY RIGHT TODAY.

MOTOR VEHICLE, REPAIR, PERMITTED TODAY.

[00:25:02]

BASICALLY, EVERYTHING WE WANT TO DO THERE, IS PERMITTED TODAY.

HE SAID WE NEED APPROVAL FOR THE OUTSIDE STORAGE.

THERE'S A MINOR MODIFICATION, THAT GOES TO THE FRONT YARD, FROM 75 PERCENT TO 64 PERCENT. THAT'S A FRONT YARD.

THAT'S NOT A STREET. THE FRONT YARD IS ACTUALLY UP THE POWER WAY. IT'S 8 FEET WIDE.

IT'S NOT VERY WIDE AT ALL. WE'RE NOT ASKING ANY USED WAIVERS AT ALL. WE'RE NOT ASKING FOR ANY MODIFICATIONS OR INCREASED INTENSITIES OF THE USES.

WE'RE BASICALLY ASKING FOR THE STORAGE AND COMMITTING TO THE SITE PLAN. AS WE STATED IN THE SITE REPORT PROPERTY, IS DESIGNATED ON THE CONFERENCE PLAN AS AN INDUSTRIAL MODULE. THE USE IS COMPATIBLE WITH THE FUTURE LAND USE PLAN. AGAIN, AS FAR AS THE THOROUGHFARE GOES, WE'RE WRAPPED INTO TWO SIGNIFICANT STREETS OF POWER WAY, AS A MAJOR COLLECTOR. AND RAIL PORT IS A MAJOR THOROUGHFARE. WE HAVE, GREAT ROADS RIGHT NEXT TO US. THEY CAN HANDLE A SIGNIFICANT AMOUNT OF TRAFFIC. WE THINK THIS IS A GREAT LOCATION FOR THE SITE. LAST THING I WANTED TO TOUCH ON IS THE RAIL PORT ISSUE. IT'S A PRIVATE SET OF RESTRICTIONS ON THE PROPERTY. THE CITY, THE PNZ, IT'S NOT A PARTY TO THAT. IT'S A SET OF RESTRICTIONS, THAT ARE CONTROLLED BY THE DOCUMENTS. AND THE DECLARATIONS, DO PROVIDE THAT THE RAIL PORT DIRECTOR COULD MAKE MODIFICATIONS TO THE DOCUMENT. I THINK KOBE REFERRED IT TO A SITE SPECIFIC CONTROL. IN THIS PARTICULAR CASE, CAR MAX HAS CONTRACTUALLY, BEEN GRANTED USE, RIGHTS AND MULTIPLE BUILDING RIGHTS FROM THE DEVELOPER.

WE'VE ALREADY ADDRESSED THE USE ISSUE AS IT RELATES TO THE CC AND R'S WITH THE DEVELOPER. APPROVAL WAS BROUGHT, TO SUBMIT THE PD APPLICATION. WE HAD TO GET THE OWNER, WHO IS THE DEVELOPER TO SIGN OUR APPLICATION, WHICH WAS SUBMITTED WITH THE APPLICATION. THE DEVELOPER RESERVED THE RIGHT TO REVIEW THE FINAL SITE PLAN. THEY ARE CURRENTLY REVIEWING THE SITE PLAN THAT WE HAVE IN FRONT OF YOU.

THE SALES OPERATION IS CURRENTLY PERMITTED.

FROM THE LAND USE, THE USE IS COMPATIBLE, WITH THE LONG RANGE PLAN. WE HAVE SIGNIFICANT GREAT ACCESS TO MAJOR ROADWAYS. FROM THE RAIL PORT, WE UNDERSTAND WE'RE IN THE RAIL PORT.

THE RAIL PORT IS A PRIVATE SET OF RESTRICTIONS THAT APPLIES TO THE PROPERTY. WE'VE ALREADY BEEN ABLE TO ADDRESS THAT ISSUE WITH THE DEVELOPER.

AND I'M GOING TO TURN BACK TO STEVE.

I WANT YOU TO APPRECIATE, TO COME UP HERE AND TALK ABOUT YOU ALL. ST

STEVE? >> ALL RIGHT, AS WE GO THERE, I WILL TALK ABOUT CAR MAX, SO YOU COULD APPRECIATE WHO WE ARE AS A COMPANY. THESE FIRST TWO SLIDES ARE REPRESENTATIONS AS THE RETAIL BUSINESS.

WE HAVE THEM IN HERE, MORE FOR SCALE OF THE COMPANY AND STABILITY OF THE COMPANY. I WANT TO POINT BULLET POINT, ABOUT FINANCING AND HOW MANY FINANCING, AND I WILL COME BACK TO THAT LATER ON. OUT OF THE LAST FINANCIAL REPORT, FEBRUARY 28TH, 2022 ALL OF THE STATS COME FROM THERE. AGAIN, WE'RE A COMPANY THAT'S STILL GROWING. WE'RE STABLE AND I WANT TO POINT

[00:30:04]

OUT THE LAST BULLET POINT, WE NEVER CLOSED THE LOCATION.

WITH RESPECT, IS THERE ANY RISK TO THE CITY.

HISTORICALLY, THERE'S NONE. WE DID LOCATE ONE STORE, A NUMBER OF YEARS AGO, MOVED A MILE IN THE SAME TRADE AREA, BECAUSE THE LEASE EXPIRED. LET'S TALK ABOUT CAR MAX AS A PLACE TO WORK. THE FORTUNE 100, BEST PLACES TO WORK, WE'VE BEEN ON THE LIST FOR 18 STRAIGHT YEARS.

I WANT TO HIGHLIGHT, IF YOU GO TO THE DOWNTURN, YOU RECALL, WHEN CHRYSLER WENT FROM THE PUBLICLY TRADED COMPANY, NOT A PUBLICLY TRADED, FROM BEING AN AMERICAN-OWNED COMPANY TO ITALIAN OWNED COMPANY. GENERAL MOTORS TOOK GOVERNMENT MONEY TO KEEP THEMSELVES AFLOAT. CAR MAX OPERATES IN THAT.

AT THAT TIME, LAYMAN BROTHERS WENT UNDER IN THE FINANCIAL MARKETS. AIG WAS IN THE VERGE OF GOING UNDER. WE'RE ALSO A LENDER.

THAT'S WHY I HIGHLIGHTED THE NUMBER OF LOANS WE HAD.

BACK IN 2008, WITH THE TOY GOING ON, WE STILL MADE THE LIST.

THERE'S A LOT OF THINGS GOING ON, A LOT OF UNCERTAINTY.

ANOTHER THING I WANT TO HIGHLIGHT, IS THE TRADING MAGAZINE, 15 STRAIGHT YEARS, I KNOW, RIO HAD A SENSE OF FOLLOW-UP QUESTIONS, WITH RESPECT TO THE TYPE OF POSITIONS WE HAVE. WE HAVE CREATED A WAYS FOR PEOPLE, WITH LITTLE EXPERIENCE TO A LOT OF EXPERIENCE, WITH RESPECT TO THE TYPES OF JOBS IN THE FACILITIES, WHERE PEOPLE COULD ADVANCE THEIR CAREERS, WHILE THEY ARE THERE.

CAR MAX IS AN OUTSTANDING EMPLOYER.

NOTHING IS GOING TO BE A HUGE BENEFIT IF YOU DEEM THE

APPLICATION IS APPLICABLE >> THIS SLIDE TALKS TO THE CAR MAX FOUNDATION. THIS APPLICATION COMES WITH A 250 JOBS. A LOT OF COMPANIES, THEIR HOME OFFICE, WHATEVER CITY, THERE'S A LOT OF SPENDING THAT'S THERE.

WE WANT THE PEOPLE THAT WORK IN THE COMMUNITIES TO CONTRIBUTE.

SO A COUPLE OF THINGS WE DO, LIKE THE PICTURE IN THE TOP LEFT, THROUGHOUT THE YEAR, WE HAVE GROUPS OF FOLKS WHO GO AND WORK IN 501C3. THEY GO TO FOOD BANKS AND SCHOOLS AND RUN EVENTS. IF WE DO THAT, WE MAKE A FINANCIAL CONTRIBUTION TO THE INSTITUTION AND WE DO WORK.

FOR EVERY DOLLAR AN ASSOCIATE MAKES, CAR MAX MATCHES IT DOLLAR PER DOLLAR. WHAT I LIKE, I WAS ON THE BOARD OF 501C3. FOR BEING A BOARD MEMBER, CAR MAX PAID $1,000 TO THAT 501C3 AND THEY PAID THEM $10 FOR EVERY DOLLAR I VOLUNTEER. YOU HAVE $250 PEOPLE COMING TO MIDLOTHIAN. THEY ARE GOING TO GET TO THE COMMUNITY AND WILL HAVE CONTRIBUTIONS AND SUPPORT FROM CAR MAX, TO MAKE A DIFFERENCE. WHAT IS AN INVENTORY CENTER.

WHAT DID WE DO. CARS ARE DELIVERED.

INSPECTED THEM AND WE AUCTIONED THEM.

IT'S REALLY THE THREE BASIC TENANTS THAT HAPPENED IN THE SITE. WHERE DOES THE INVENTORY COME FROM. WE GET THEM FROM THE GENERAL PUBLIC. WE HAVE AN ELECTRONIC TOOL.

GO TO EDMONDS.COM. I COULD GET AN OFFER, IMMEDIATELY. HOW YOU COULD ACCEPT IT OR BUY THE CAR FROM YOU. YOU WOULD TRADITIONALLY GO TO THE CAR DEALERSHIP AND MAKE YOU A WRITTEN OFFER FOR SEVEN DAYS.

YOU COULD NEGOTIATE WITH IT. SO WE GENERALLY GET AN EXCESS OF 50 PERCENT OF THE INVENTORY, AT LEAST TODAY, WE DO, PURCHASES FROM THE GENERAL PUBLIC. THIRD PARTY AUCTIONS, AND OTHER MAN TIMES OR BIG PURCHASER FROM FOLKS LIKE THAT, TO GET THE

[00:35:05]

INVENTORY. THE LAST BULLET POINT IS TALKING ABOUT WHY WE'RE DOING THE CENTER.

WE TRADITIONALLY, WE'VE ALWAYS DONE RECONDITIONED, ALWAYS DONE AUCTIONS AND DONE THE NO MATTER LOCATION.

A LITTLE BETTER THAN 100 HAVE AUCTION AND RECONDITIONING IN THE STORES. WE'RE LOOKING AT THE FUTURE GROWTH. WE KNOW WE ARE NOT GOING TO CONTINUE TO DO THAT IN THE LOCATION.

WHEN WE ROLL OUT THE INSTANT OFFER, THE NUMBER OF CARS WE'RE BUYING FROM CUSTOMERS, HAS INCREASED DRAMATICALLY.

WE NEED TO RELIEVE SOME OF THE STRESSES ON THE STORES.

WE NEED TO DO THESE OFF SITE LOCATIONS.

THAT'S THE PURPOSE OF THE APPLICATION.

THIS IS A SLIDE, TALKING ABOUT THE INSPECTION AND RECONDITIONING PROCESS. WHAT DO WE DO, INSPECT THE ENGINE. 125 THOUGHT POINT INSPECTION PROCESS. WE DETERMINED WHAT NEEDS TO BE DONE MECHANICALLY AND COSMETICALLY.

WE TAG THE VEHICLE AND THEN WE TAKE IT FOR RECONDITIONING FOR RETAIL SALE. WE DON'T DO FRAME REPAIRS, DON'T RESALE FLOOD DAMAGED CARS AND WE DON'T PAINT ENTIRE VEHICLES.

WE DO, HOWEVER, PAINT PANELS AND THINGS LIKE THAT, FOR TOUCH UP WORK. WHOLESALE OPERATION, THE CARS THAT WE BUY FROM CUSTOMERS, THAT DON'T MEET THE STANDARDS, WE NEED A WAY TO GET RID OF THEM. WE'RE ACTUALLY THE SECOND OR THIRD LARGEST WHOLESALER IN THE COUNTRY.

TODAY, OR AT LEAST SINCE COVID HAPPENED, ALL OF THE AUCTIONS ARE 100 PERCENT VIRTUAL. THEY ARE DONE ELECTRONICALLY.

CARS WILL RUN THROUGH WITH PICTURES.

IN THE LAST FEW MONTHS, WE'RE PILOTING, GOING BACK IN STORE, IN PERSON, AUCTIONS AND WE DON'T HAVE A CONCLUSION YET, BUT WE DON'T BELIEVE THERE'S INTEREST FROM THE CUSTOMERS TO GO BACK IN LINE. THIS APPLICATION ASSUMES THESE ARE 100 PERCENT IN PERSON AUCTIONS.

THAT'S WHAT WE'RE OFFERING. IN THE FUTURE, THAT'S SOMETHING WE NEED TO GO BACK TO: THEY ARE SCREENED BY US TO MAKE SURE THEY ARE GOOD CUSTOMERS. AUCTIONEERS ARE PROFESSIONAL, LICENSES THAT'S REQUIRED. THE STATEMENT WE DO ABOUT HOW MANY AUCTIONS A WEEK. PREDOMINANTLY WE DO ONE AUCTION A WEEK. THERE'S TIMES DURING THE YEAR, WE HAVE VOLUMES THAT GET HIGH. WE HAVE THE ABILITY TO DO A SEC SECOND: PAPERWORK IS PROCESSED ON LINE. THE CUSTOMERS HAVE 48 HOURS TO REMOVE THE CARS FROM THE SITE. I THINK MAYBE A CONCERN, THAT THIS BOARD MAY HAVE, IS HOW MANY BEATERS ARE SITTING IN THE LOT THAT SITS AROUND FOREVER. FIRST DRAW, WE HAVE 97 PERCENT FOR AUCTION SALES. THESE CARS ARE COMING IN AND ARE GOING BACK OUT. WE DON'T HAVE CARS THAT JUST SIT

ON SITE. >> THIS IS THE PROPOSAL AND VISION. KOBE SAID, IT'S ABOUT 30 ACRES.

THE INVESTMENT, WE'RE ANTICIPATING IS ABOUT 43 MILLION TO BUILD A FACILITY. BILLS MENTIONED THE NEXT BULLET POINT. WE'RE NOT ASKING FOR ANY RELIEF FOR THE ZONING. WE'RE NOT ALSO ASKING FOR TAX AGREEMENTS OR INCENTIVES FROM THE CITY.

THE LAST BULLET POINT AND THE SUBCATEGORIES IS THE BEST ESTIMATION OF WHAT THE TAX IMPLICATION TO THE CITY ARE.

WE'RE NOT CERTAIN HOW THE INVESTOR WOULD COME UP WITH THE TAX DOLLAR RATE. THESE ARE -- WE'RE TACKING ABOUT HALF MILLION DOLLAR ANNUALLY TO THE CITY.

[00:40:04]

I TOUCHED ON IT EARLIER. THE CITY WILL BRING 200-230 JOBS. IT WILL BRING IN ABOVE 50 MILLION, AND THESE ARE THE BREAK DOWN ON THE POSITIONS, MANAGERS, TECHES AND SO FORTH. WITH RESPECT TO THE STABILITY OF THE JOBS, THE HIGHER THE SKILL SET THE EMPLOYEES HAVE, THE LONGER THEY STAY WITH US. GENERALLY SPEAKING WE DON'T HAVE A HIGH TURN OVER RATE WITH THE ENTRY POSITIONS.

WITH THAT, I'LL HAVE BRAD TALK MORE SPECIFICALLY AND HELP YOU UNDERSTAND THAT. THANK YOU.

>> MY NAME IS BRAD LOTH, AND CAR MAX'S DEVELOPMENT CONSULTANT.

I'M AT 1626, COLT BOULEVARD IN LAKEWOOD, COLORADO.

I WANT TO POINT OUT, ONE TEXT, STEVE MENTIONED THE 550 NUMBER.

550 TO 720 NUMBER IS ALL THE TAX SHARING JURISDICTIONS.

GETTING TO THE SITE ITSELF, HIGHLIGHT IN YELLOW THE 60 ACRE SI SITE: WE ARE AT THE INTERSECTION OF POWAY AND RAIL POINT. AND TALKING ABOUT THE KIND OF THE LOCATION WITH THE SITE WITH RAIL POINT.

I KNOW, THERE'S BEEN SOME CONCERNS ON OTHER USES THAT HAVE STORAGE OF VEHICLES, THAT JUST SIT THERE WITH THOUSANDS AND THOUSANDS OF CARS VISIBLE WITH AM SO MAJOR ROADS.

THE FRONTAGE OF THE ACTUAL LOT IS HIDDEN FROM THE MAIN ROADS.

IT'S REALLY THE INTERSECTION THAT YOU COULD EVEN SEE INTO THE DEVELOPMENT. IN THE EAST SIDE, YOU HAVE THE RAIL LINE, THAT'S WE'RE GETTING VISIBILITY FROM THE TRAIN.

WITH THE DEVELOPMENT ONLY BEING THE 40 OF THE 60 ACRES, WE'RE ABOUT 1,000 FEET OVER FROM BROOK HOLIER DRIVE.

IF YOU'RE LOOKING, YOU CAN'T SEE WITH BUNCH OF THE VEHICLES.

WITH THE SCREENING, EVEN IF IT WAS ON A PUBLIC MAJOR ROAD, THIS WOULD BE A VERY WELL SCREENED LOT, YOU'RE NOT LOOKING INTO THE MAIN STORAGE. YOU ARE LOOKING INTO A REGULAR PARKING AREA WITH THE ASSOCIATED ISLANDS AND LANDSCAPING.

>> THE RAIL LINE AN THE VISIBILITY FROM THIS, IS WELL, SITS WELL INTO THE RAIL POINT P PARK. WE BELIEVE THIS IS A WELL LOCATED USE. SO YOU COULD GET AN IDEA, WE HAVE THE MAIN ENTRY POINT RAIL POINT AND POWER WAY.

WE HAVE A SECOND REQUESTED, BY THE FIRE DEPARTMENT, FOR EMERGENCY EGRES. THE TRUCK ELIGIBLE, AND THERE'S 18 DEDICATED PARKING SPACES FOR THE TRUCKS.

TRUCKS WOULD ENTER IN, WITH FULL MOVEMENT, CIRCLE, END PARK AND EXIT THIS SAME ENTRY ROAD OR THEY CAN LEAVE IN THIS DIRECTION AS WELL. PLENTY OF ON-SIGHT PARKING, TO BE LOADED AND INLOADED. SO YOU'RE NOT HAVING TRUCKS PARKED IN THE THOROUGHFARES. THIS IS WHERE THE CUSTOMER EMPLOYEES WILL PARK. AND SO THE 250, 270 EMPLOYEES THAT WE'VE BEEN MENTIONING. THIS IS A FULLY SECURED AREA FOR ALL THE STORAGE. YOU WILL HAVE ACCESS AND DRIVE THROUGHS, THROUGHOUT THE LARGE AREA THERE.

[00:45:11]

BLUE IS CUSTOMER SERVICE PARKING AND THE PURPLE IS WHERE THE TRUCKS WOULD BE STORED. THIS IS A TOPIC THAT CAME UP THE, THE INITIAL HEARING. THERE'S AN AVERAGE OF 60 TRUCKS PER DAY. WHEN YOU LOOK AT THE TOTAL TRIPS IN A DAY ON THIS INDUSTRIAL USE, IT'S SIGNIFICANTLY LESS THAN USES THAT COULD BE PUT IN THE PROPERTY LIKE A WAREHOUSE OR PROPERTY. SOME INDUSTRIAL USES OF THE SIZE, COULD BE LOOKING AT 1300-3,000 VEHICLE TRIPS PER DAY. OUR TRAFFIC MEMO PROPOSES 630.

FROM AN OVERALL TRAFFIC PERSPECTIVE, WE UNDERSTAND, THAT WE MISSPOKE ON THE NUMBER OF TRUCKS CAR MAX WILL BE BILLING.

>> AND I DON'T KNOW IF ANYONE WILL COME UP WITH THE ELEVATION.

TO RECAP OUR PRESENTATION, I APPRECIATE EVERYBODY'S PATIENCE.

JUST TO TOUCH THE HIGHLIGHTS, THIS USE IS PROPOSED AND PERMITTED BY RIGHT. IF WE DIDN'T HAVE IT IN FRONT OF YOU -- WE WOULD LIKELY BE MOVING FORWARD.

THE RAIL POINT, IS HERE THIS EVENING, LIKELY SPEAKING WITH THE PUBLIC AND AS A STRONG SUPPORTER OF THE APPLICATION.

WE WORKED THROUGH THE USE ITEMS WITH THEIR GROUP AND MOVING FORWARD WITH THE PURCHASE AGREEMENT.

WE'RE PROPOSING, 250 TO 270 JOBS, TO THE CITY OF MIDLOTHIAN AND INVESTING AS A. AND AS I MENTIONED,EY -- STLA ALL THE STORAGE AND ALL THOSE ON SITE.

AND LAST FITTING, IT'S NOT ON THE SLIDE, THE CARS DON'T SIT.

AS STEVEN MENTIONED, THEY HAVE 97 PERCENT SALES.

AND WE ARE HERE TO ANSWER ANY QUESTIONS AND THANK YOU FOR YOUR

TIME THIS EVENING. >> HOW MANY ARE PARKED IN ONE

TIME? >> THERE ARE 18 LOADING SPACES.

WE'RE NOT ANTICIPATING, THOSE ARE EVER ALWAYS FULL.

WHEN A TRUCK COMES ON, WITH A LOAD, IT TAKES ABOUT, 30 MINUTES TO UNLOAD? WHATEVER THE FRONT YARD IS

[00:50:09]

CONSIDERED TO WHERE WE WANT TO. WE HAVE THE STORAGE, AND AGAIN, THE TRUCKS AREN'T STORED THERE. THEY ARE PARKING FOR TEMPORARILY

UNLOADING >> THE CAR IS STORED THERE.

>> WORDS BUY RIGHT. AND THE STORAGE, IS GOOD AT THE

FRONT >> STORAGE OUTSIDE TO BEGIN WITH. STORAGE WAS IN BEHIND THE FACILITY. IT'S STILL OUTSIDE.

THAT'S THE WHOLE PROBLEM. OUTSIDE STORAGE.

>> HE COULD TOSS BEHIND THE WORDS.

IF YOU CAN'T STORE ANY CARS OUTSIDE, I'M NOT SURE HOW WE CAN

DO IT >> THEY ARE ASKING FOR A VARIANCE, BASICALLY. THEY ARE DOING A PB AND THEY ARE ASKING FOR APPROVAL OF SUP INSIDE

>> I THINK WHAT THEY ARE SAYING, AND THEY CAN DO THE SALES, RECONDITIONING. THOSE KIND OF USES WILL BE BUY

RIGHT -- >> YOU CAN'T PARK THE CARS

>> YOU CAN'T PARK THE CARS >> BUY RIGHT

>> AND JUST, PIGGYBACKING, CHRIS SAID, AUTO USE WILL BE ALLOWED, HEAVY INDUSTRIAL, WHICH IS CURRENT ZONING, OUTSIDE STORAGE, IN GENERAL, WHETHER IT'S FRONT OR BACK.

OUTSIDE STORAGE IS TRIGGERING. >> SAME THING AS THE MAZDA PLANT, BASICALLY. IT'S A --

>> IN A SENSE >> THEIRS IS PREDICATED ON THE

ROAD YARD >> I GUESS, I'M STILL, I'M HAVING AN ISSUE WITH THE MIX OF INFORMATION.

I MEAN, EVEN THE PACKAGE TODAY, IT SAYS 15-20 TRUCK TRIPS.

THE INFORMATION THAT YOU ADDED THAT'S STILL NOT IN MY PACKAGE, HAS A LIST OF REASONS, THINGS THAT ARE DIFFERENT.

I SPECIFICALLY BROUGHT UP THE AMOUNT OF TRUCKS AT THE LAST MEETING, WAS NOT ADDING UP TO THE NUMBER OF VEHICLES THEY WERE GOING TO SELL. I WAS TOLD, NO, SIR, YOU'RE INCORRECT. WE TALKED ABOUT IT THREE TIMES.

I KEPT ASKING. I'M NOT THAT SMART, BUT I DO KNOW A LITTLE BIT OF MATH. I GUESS, I UNDERSTAND.

I WANT TO WELCOME CAR MAX TO THE CITY.

IT'S NOT A BUY RIGHT SITUATION OR WE WOULDN'T BE HERE.

IF YOU WANT TO COME IN BY RIGHT, BUILD A BUILDING LARGE ENOUGH TO HOLD 1,000 PLUS CARS AND WELCOME ABOARD.

I'M CONCERNED ABOUT THE $43 MILLION INVESTMENT CLAIM.

YOU'RE CONCRETING ALMOST THE ENTIRE LOT.

WE'RE GETTING 150,000 WORTH OF A BUILDING.

AND 32 MILLION WORTH OF CONCRETE.

I DON'T SEE THAT AS A BEST USE. NOW YOU GUYS SPOKE.

YOU'RE DOING ALL THESE THINGS, UNDER THE GOOD NEWS OF CAR MAX.

BECAUSE YOU'RE NOT UNDER ANY AGREEMENTS OR PERFORMANCE, OR COMPENSATION RATES OR INVESTMENTS INTO THE COMMUNITY, OTHER THAN HAVING A BUSINESS, YOU COULD TELL, AND HIRE THREE PEOPLE AND OUTSOURCE YOUR WORK FOR MINIMUM WAGE AND NOTHING THAT'S UP HERE WOULD FOLLOW SUIT.

SO, YOU KNOW, THIS TO ME, IS WHAT I WOULD LIKE TO CALL A COMMUNITY PARTNER INVESTMENT. THIS IS A BUSINESS THAT'S GOING TO BE A COMMUNITY PARTNER. THERE'S NOTHING IN IT FOR US, AS THE HIGHEST AND BEST USE. THERE'S NO TIES BETWEEN MY COMPANY AND YOUR COMMUNITY, THAT WILL LAST PAST THIS AGREEMENT.

ASIDE FROM GETTING THE USE YOU WANT, YOU COULD POTENTIALLY DO WHATEVER YOU WANT AFTER THE FA

>> I HAVE A YES QUESTION.

IS THIS LIKE THE ONE IN -- >> THE RETAIL STORINGS THAT HAVE LARGE CAR MAXES, HOLD THE OPERATIONS WITH THEM.

[00:55:03]

THE POSITION, WILL REHANDLE THE REPOSITIONING AND AUCTION: WHEN THEY STARTED TO DO THE INSTANTOFF, CYCLE THROUGH THE RECONDITIONING OR AUCTION OPERATIONS, IS BEING OVERLOADED INTO THE RETAIL STORES. THEY ARE BUILDING STAND ALONE FACILITIES, LIKE THIS ONE ONE DOESN'T EXIST BECAUSE THIS IS A NEW CONCEPT. THERE'S TWO CURRENTLY IN THE UNITED STATES. THIS, THIS IS STILL A VERY NEW FACILITY, WHERE THEY ARE BREAKING OUT THOSE, THOSE OPERATIONS TO THEN SERVE THE RETAIL MARKETS AND THESE AUCTION

USES. >> I'VE BEEN TO THAT ONE THERE, IT'S A WHOLE LOT LIKE THAT. IT GETS SEVERAL HUNDRED CARS

>> RIGHT >> THE AUCTION AND MOVE THEM

THROUGH FAST. >> IS IT SIMILAR TO THE DALLAS AUC AUCTION?

>> THAT'S NOT CAR MAX. IS THIS SIMILAR TO THE DALLAS

CAR AUCTION >> WILL YOU GET TO GET IT

THROUGH >> I AM NOT SURE? WHAT'S DIFFERENT WITH, AUCTIONS ARE LIKE CONSIGNMENT.

THEY ARE TAKING CARS AND SEG THEM THERE TESH

>> I WOULD LIKE TO GET MORE INTO THE NUMBERS, SINCE I'M HAVING TROUBLE FOLLOWING. WE WENT FROM 60 TRIPS --

>> TRUCKS >> 60 TRUCKS A DAY.

THESE TRUCKS, THEY ARE 18 WHEELERS

>> THEY ARE TRUCK CARRIERS, YES >> THEY HAVE THE CAPACITY TO HOLD NINE. A LOT OF TIMES THERE'S AN OPPORTUNITY TO. IT'S POE TEN THAT WILL

>> I KNOW WE DID IN CREDITS THE,000 CARS PER WEEK

>> SO WHAT IS 480 -- >> 480 IS HOW MANY CARS RUNS THROUGH THE RECONDITIONING. THERE'S TWO BUILDINGS ON SITE.

AND THAT'S STRICTLY JUST THE RECONDITIONING OF THE CARS, FIXING THE MINOR ENGINE WORK, MAYBE PAINTING THE PANEL.

AFTER IT COMES OUT OF THE RECONDITIONING BUILDING, IT HAS SEVERAL OPTIONS. IT COULD EITHER MOVE OVER INTO THE AREA, WHERE IT WOULD LATER RUN THROUGH THE AUCTION OR IT COULD BE TAKEN OFF SITE ON ANOTHER CAR CARRIER TO GO TO

ANOTHER CAR MAX RETAIL LOCATION >> ARE YOU COUNTING THE CAR

CARRIER TRIP IN YOUR 60 A DAY >> 60 IS HOW MANY CAR CARRIERS

ARE COMING IN LEAVING FOR A DAY. >> THE PEOPLE WHO BUY THEM, THE DEALERS, HAVE 48 HOURS TO GET THEM.

YOU'RE NOT INCLUDING THEIR TRIPS IN YOUR 60.

>> SO AUCTION DAYS WILL HAVE AN INCREASE, PEOPLE COMING TO THE FACILITY. AGAIN, THAT'S IF WE GET BACK TO

THE INPERSON. >> THEY COME OUT WITH ALL KINDS OF DIFFERENT VEHICLES. IT DEPENDS ON THE FACILITIES.

SOME WILL COME WITH FULL CAR CARRIERS.

IT DEPENDS AND, HOW THEY ARE PICKING UP THEIR VEHICLE.

IT'S REALLY THREE DAYS. AND THAT THOUSAND CARS A WEEK, IS LEAVING IN THE COURSE OF THREE DAYS.

IT'S AN INSIGNIFICANT ADD TO THE AMOUNT OF TRUCKS THAT ARE COMING

>> AND THIS IS MY LAST QUESTION. SO YOU ALL MENTIONED A COUPLE OF TIMES, THIS IS NOT A LOTFUL OF CARS SITTING.

I HEAR THEY ARE GOING IN AND OUT >> THE CARS ARE STORED BACK THERE. THEY ARE NOT A CAR THAT WILL COME THERE. THAT CAR WILL SIT THERE FOR MONTHS. THERE WILL ALWAYS BE A CAR --

>> ANOTHER ONE WILL MOVE ON ITS SPOT.

[01:00:03]

IT'S A LOTFUL OF CARS. IF I'M DOING THE MATH, WE'RE ADDING $720 A WEEK. YOU HAVE A THOUSAND GOING OUT

>> THOUSAND PER CARS. I FEEL LIKE THERE'S SOME INACCURATE INFORMATION OUT THERE.

I DON'T WANT TO FEEL LIKE I HAVE THE WOOL PULLED OVER MY EYES.

I'M CLARIFYING THE DETAS HERE. I'M DONE

>> AND JUST 60 TRUCKS A DAY, TIMES NINE MAXIMUM VEHICLES PER TRUCK. WE'RE DECIDING, WHETHER OR NOT, WE WANT TO HAVE A SECOND LARGE SCALE STORAGE LOT IN TOWN.

FOR EVERYONE THAT GOES OUT, THERE'S TWO CARS THAT COMES IN.

ALTHOUGH THE INDIVIDUAL CARS, WILL NOT BE SITTING, THERE'S ALWAYS GOING TO BE A CAR IN PLACE.

>> AND YOU MAY NOT LOOK AT THE HIGHWAY TRAFFIC IN TOWN.

MY SECOND QUESTION, IS A TWO PART QUESTION FOR YOU.

AND I'M GOING TO ASK YOU ANYWAY. ON YOUR EXISTING LOCATION.

AND WHAT IS THE CURRENT LOCATION, BEING CAR MAGNET.

AND WE ALL KNOW A THIEF, WILL PASS UP THE OPPORTUNITY

>> AND SO THE STORAGE AREA, IS FULLY SECURED.

I MENTIONED THE 6 WEEK CHAIN LINK.

AND INTERIER, IS A GUARDRAIL SYSTEM THAT RUNS THE ENTIRE PERIMETER. AND EVERYONE OF THESE ACCESS POINTS IS A DELTA SECURITY GATE, THAT HAS A VERY HIGH TRAFFIC IMPACT RATING. AND THAT'S WHEN THE INVENTORY IS STORED. ALL THE INVENTORY IS A FULLY

SECURED AREA >> YOU OUGHT TO USE CAMERAS OR SECURITY OR OFFICERS IN ANY FORM OR FASHION.

>> THERE'S CAMERAS. ISM THAT WILL BE 24 HOURS A DAY

>> I DIDN'T SEE ANY SECURITY. MAKES YOU WONDER.

>> THEY WOULD BE THE ONE MANNING THE GATE.

THE SECURITY CAMERAS, THEY ARE TIED TO THE HEADQUARTERS.

THEY WATCH FROM THERE. WE'LL BE ON SITE MOST OF THE 24

HOURS >> MY QUESTION, MAY BOUNCE,ED WITH STAFF. I DON'T CARE ABOUT THE CAR TRIPS, BUSINESS MODEL. I WANT TO GET TO THE BREAD AND BUTTER WITH THE LAND USE. TYPICALLY AND CORRECT ME IF I'M WRONG. IF THIS IS AN HEAVY INDUSTRIAL AREA. YOU COULD REQUEST AN SEP, UNDERNEATH THE INDUSTRIAL ZONING, CORRECT?

>> CORRECT >> AND WHY GO THROUGH THE PLAN

DEVELOPMENT ROUTE? >> SO, I MEAN, REGARDLESS, SEP, WILL BE THE SAME THING. HOWEVER, DALLAS STORAGE IS THE MAIN THING. THERE'S ALSO A PARKING, THAT THEY WERE REQUESTING AS WELL. AND SO, AND THEN ONE MINOR LANDSCAPE VARIANCE, THAT THEY WERE REQUESTING AS WELL.

SO THEY WANT TO DO THOSE, WANT TO DO THAT AS PD

>> RIGHT THERE >> AND THERE'S THE VARIANCE, BECAUSE THEY DON'T MEET THE STANDARD AND HEAVY INDUSTRIAL

[01:05:04]

ZONING >> CORRECT

>> TYPICALLY WHEN YOU DO PD'S, THEY WANT TO SEE A GIVE AND TAKE. WE WANT TO LIMIT USE, WHICH THEY ARE NOT DOING BECAUSE THE PERMITTED USES, ARE DOING, INDUSTRIAL USES, INSTEAD OF LIMITING IT TO AUTO SALES OR WHATEVER YOU WANT TO CALL IT. IT JUST WEIRD TO ME, YOU ASK FOR THIS, PIECE OF HEAVY INDUSTRIAL. I WAS CURIOUS, YOU DON'T WENT THAT ROUTE. IT SEEMS, YOU WANT TO DO LESSER THAN THE CURRENT STANDARDS ON LANDSCAPING AND --

>> IN ADDITION TO THE OUTSIDE STORES

>> THERE'S THREE RIRMS THAT THEY DON'T CURRENTLY NEED.

THE PARKING AND LANDSCAPING ARE MINOR ITEMS, COMPARED TO WHAT WEWE --

>> BECAUSE OF CAR MAX'S KNOWLEDGE OF THE OWN OPERATION AND KNOWING HOW MANY PARKING SPACES THEY NEED TO OPERATE T THE -- AND THE NUMBER OF SPACES, SHOWN ON THE PLAN.

>> UP TO 5 PERCENT AND WHAT YOU'RE CURRENTLY PRESENTING? SO THERE'S AN INCREASE OF POTENTIALLY 5 PERCENT MORE THAN WHAT'S BEEN PRESENTED NOW, THAT STAFF COULD APPROVE ON THEIR OWN. I'M ASSUMING THAT'S FOR FUTURE

EXPANSION >> YOU COULD GO INTO DETAIL ON THE LANDSCAPING CONCESSIONS THAT HE MADE?

>> >> I BELIEVE IT'S 757 PERCENT.

WE'RE REDUCING TO 60. 64 PERCENT.

>> THE TURF AND GRASS IN THE FRONT YARD IS WHAT WE'RE ASKING.

WHAT'S CONSIDERED THE FRONT YARD IS NOT VISIBLE TO ANY PUBLIC

FACING >> WHAT LOOKS TO BE A SIDE GATE

>> AND THESE ARE THE STREETS. THIS IS IDENTIFIED AS TECHNICALLY A FRONT YARD. BECAUSE WE HAVE THE DRIVE, THE BUILDING IS RIGHT HERE, WE AGREED, LET'S GO AHEAD AND CONSIDER THIS TO BE A FRONT YARD AS WELL.

THAT IS A CONCESSION WE MADE, WE'LL DO -- WE'RE NOT REDUCING THE NUMBER OF PLANTS, TREES OR SLUBS OR ANYTHING LIKE THAT

>> YES, SIR >> AND I HAVE SOME QUESTIONS.

YOU HAVE TWO BUILDINGS; RIGHT? >> TECHNICALLY, THREE.

CAR WASH BUILDING RIGHT HERE >> AND OKAY, WHAT'S THE SIZE OF

EACH? >> THIS IS 70,000 SQUARE FEET HERE. THIS IS ABOUT 11,000 SQUARE FEET

HERE AND 936 SQUARE FEET THERE >> AND IN YOUR INVESTMENT COSTS, YOU COULD ROUGHLY TELL ME THE VALUE OF EACH OF THOSE THREE

BUILDINGS? >> I DON'T KNOW IF WE HAVE THE

BREAK DOWN >> YOU HAVE AN AGGREGATE NUMBER?

>> I DON'T HAVE THE BUDGET WITH ME.

I DON'T HAVE THE PROJECT BUDGET WITH ME TONIGHT.

I HAVE THE INFORMATION. WE CAN PROVIDE THAT

DO YOU EXPECT THE COST TO BE >> WE WILL SEE IF WE CAN LOOK UP

THE INFORMATION >> THE HOURS OF OPERATION.

WHAT'S THE HOURS WITH TRUCK DELIVERY WILL OCCUR

>> AND IT COULD BE UP TO 24 HOURS A DAY.

WE WOULD EXPECT THE OVERNIGHT HOURS TO BE LESS BUT IT DOES, THERE'S AN OPPORTUNITY FOR TRUCKS TO BE DELIVERING UP TO 24

HOURS A DAY >> YOUR STAFF, ESPECIALLY YOUR

[01:10:03]

TECHNICIAN, ARE THEY EIGHT HOUR, TEN HOUR DAYS

>> THERE ARE TWO MAIN SHIFTS. WE HAVE IT LISTED FROM 5:00 A.M.

TO 2:00 P.M. AND FROM 2:00 P.M. TO MIDNIGHT

>> AND FROM MIDNIGHT TO 5:00 A.M., SKELETON STAFF?

>> EXACTLY >> YES

>> ARE THEY OUT AND ABOUT, IN THE STORAGE AREA OR WHAT?

>> I DON'T EXACTLY KNOW, WHERE THE SKELETON STAFF, LIKE FROM

MIDNIGHT TO 5:00 A.M. >> I DON'T KNOW.

IT WILL BE A HANDFUL. 5-6 PEOPLE

>> AND SOMEBODY, TRUCK COMES AT 7:00 A.M., 2:00 A.M., ARE YOU OFF LOADING IT RIGHT THEN OR ARE YOU GOING TO WAIT?

>> WE WOULD PROBABLY OFF LOAD IT THEN

>> SO YOU HAVE SOMEBODY -- >> IN CONTROL AFTER HOURS.

WE CAN TALK ABOUT CONDITIONS OR WHATEVER.

SO GOING BACK ON YOUR QUESTION ON COSTS, I CAN'T DISCLOSE THE PURCHASE PRICE OF THE LAND, THAT'S PROPRIETY.

SITE WORK, 14 MILLION, BUILDING. $12 MILLION,

>> 11 MILLION FOR THE BUILDING >> 11 MILLION FOR THE BUILDINGS?

>> YEAH >> WHAT'S THE MAX STORAGE FOR

CARS? >> SO THE MAX STORAGE HAS 3300 USABLE AREA, 3300 VEHICLE SPACES THAT ARE, AGAIN, ARE NOT SPACES.

IT'S AN OPEN AREA. IT'S A LITTLE BIT FLEXIBLE ON THE NUMBER. WHERE, WE HAVE WRITTEN IN 3300

>> IN THE CONCRETE, CORRECT? >> IT IS, YES

>> I AM PUZZLED ABOUT THE INFLOW AND OUTFLOW AND THE AVERAGE NUMBER OF CARS YOU WOULD HAVE. YOU SEEM TO HAVE MORE CARS COMING IN THAN GOING OUT. AND, I MEAN --

>> THEY ARE RESTRICTED BY 3300 SPOTS.

YES, THEY ARE RESTRICTED >> COULD WE CLOSE THE PUBLIC

HEARING >> THERE'S ONE THING FROM CAR MAX. I MEAN FROM MURRIETA.

DO YOU WISH TO SPEAK? PLEASE COME FORWARD.

RICK MENNENNEZ >> SIR, MR. MAYOR, AI ROBERT LYNNE, 4151LBJ FREEWAY IN DALLAS.

MART NELL LA LANDS, REPRESENTATIVE AT RAIL PORT PARK. AND, OF COURSE, MARTNELLLA LANDS IS OVERSEER AT THIS TIME. I WANT TO MAKE A GENERAL STATEMENT THAT AS EVIDENCE OF HAVING A PSA WITH CAR MAX, MURRIETA LANDS, ENDORSES THE PROJECT.

IF I COULD MAKE A LITTLE BIT OF COMMENTARY WITH THE SITE PLAN OUT THERE. THE SITE ITSELF, IS A LITTLE BIT ODD SHAPED THAN L SHAPE. IT'S BURIED BEHIND SUN OPTA AND QT. THE THINGS YOU HAVE, WITH CHALLENGES ARE NONEXISTENT. AND BRAD MENTIONED SOMETHING ABOUT THE SIDE, THE RAIL TRACKS, BEYOND THE RAIL TRACKS IS THE QOREI BUFFER ZONE. SO NOTHING IS GOING TO GET BUILT. NOBODY WILL BE OUT THERE, OTHER THAN A BUNCH OF COWS. WE SEE THE USE OF COMPATIBLE WITH THE OTHER YUES IN THE PARK AND JUST WANTED TO LET YOU KNOW THAT, IF ANYBODY HAS ANY QUESTIONS

>> THANK YOU. >> BEFORE A MOTION IS THERE ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL.

SO I WILL ENTERTAIN A MOTION TO CLOSE

>> I MAKE A MOTION TO CLOSE THE PUBLIC HEARING

>> SECOND >> MOTION TO CLOSE.

SECONDED. THE ITEM IS CLOSED, 70.

COUNCIL, DISCUSSION >> MOTION

>> >> COURT,

>> I WAS GOING TO MAKE A MOTION >> AND LYING ON FIRST COURT.

AND THERE'S NO DISCUSSION. MOTION TO DENY

[01:15:03]

>> SECOND >> MOTION TO DENY, SECONDED.

PLEASE VOTE. ITEM FAILS, 3-4.

IS THERE A DIFFERENT MOTION >> MAKE A MOTION TO APPROVE

>> WHAT DO WE SAY? DISCUSSION?

>> WE CAN HAVE A DISCUSSION AFTER THE MOTION

>> IS THERE A SECOND >> WE'LL HAVE DISCUSSION.

>> I WANT TO BE CLEAR, WE WOULDN'T HAVE ALLOWED THIS ANYWHERE ELSE. THERE ARE THREE STANDARDS WE SET. AND IF YOU WANT TO BE PART OF THE CITY, THIS IS THE STANDARD THAT WE ARE ABOUT TO SAY WE DON'T CARE ABOUT THE STANDARDS

>>ND A THE THREE STANDARDS ARE >> LANDSCAPING, OUTSIDE STORAGE

AND WHAT WAS THE LAST ONE? >> I BELIEVE IT'S LANDSCAPE, AND I WOULD SAY, LOCATION AND THE LANDLORD FOR SOMEHOW, THOUGHT IT WOULD BE A GOOD FIT OUT THERE. THOSE ARE GOOD POINTS

>> AND WHEN MAZDA PLANT CAME THROUGH, THEY THOUGHT IT WAS

GOOD, TOO >> WE HAD A MOTION, IT FAILED.

IT WAS NOT APPROVED. YOU ASKED FOR A SECOND MOTION.

LET'S PUT THE DISCUSSION INTO THE APPROVAL MOTION

>> I THOUGHT THAT WAS IT. IT'S BEEN ALSO SECONDED

>> DOES THAT MEAN, WHEN YOU TALK IN OPPOSITES

>> IT NEEDS TO BE TALKED TO THE MOTION THAT'S BEEN MADE

>> I DON'T REALLY UNDERSTAND HOW WE CAN MAKE A MOTION TO APPROVE WHEN WE CAN SIT HERE AND SAY, THE INFORMATION THAT WE WERE PROVIDED AND THE INFORMATION THAT PNZ WAS PROVIDED WAS DIFFERENT AND THEY WERE NOT AFFORDED THE INFORMATION THAT WE GOT. ALSO THE INFORMATION THAT IS IN OUR PACKET ON THIS ITEM, DOESN'T MATCH THE INFORMATION THAT WAS PRESENTED TO US IN THIS PRESENTATION.

THE MATH THAT'S IN THE PACKET DOESN'T MATCH AND WE STILL HAVE MORE QUESTIONS THAN WE HAVE ANSWERS.

GET THE USE, I GET IT FINE. IT'S NOT JUST LINING UP

>> IT DOES, WORRY ME A LITTLE, THIS IS THE THIRD TIME THAT SEES ME COME THROUGH. AND WHEN WE RAN A FOURTH TIME, IT MAKES ME WONDER, WHAT WE MAY BE TALKING ABOUT

>> WE HAVE A MOTION TO APPROVE THAT HAS BEEN SECONDED.

PLEASE VOTE. ITEM PASSES, 4-3.

THANK YOU. >> WE GO TO THE REGULARAGE DA.

[Item 2023-116]

ITEM 2023-16. CONSIDER ECONOMIC AGREEMENT BETWEEN MIDLOTHIAN DEVELOPMENT CORPORATION, AND CITY OF MIDLOTHIAN FOR INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH CITY HALL IN THE AMOUNT NOT TO EXCEED $3 MILLION

>> GOOD EVENING, EVERYONE. THE LAST MEETING, THE TOP BOARD, WE VOTED TO APPROVE $3 MILLION TO THE NEW CITY HALL.

WE WOULD BE PAYING OFF IN THREE PAYMENTS, $1.5 OF THIS YEAR AND 1.5 OF NEXT YEAR. QUESTIONS?

I'M NOT PARKING ANY CARS. >> I HAVE A QUESTION

>> WELL, PERFECT TIME FOR JOE TO WALK OUT.

MY QUESTION ON THE ITEM -- WELL, I'M CONFUSED BECAUSE WE'RE ASKING YOU FOR $3 MILLION. YOU'RE BRINGING US $3 MILLION.

AND FURTHER IN THE AGENDA, WE'RE ALLOCATING AN ADDITIONAL $7 MILLION. WHAT'S GOING ON?

[01:20:01]

THAT WAS MINE >> THE $7 MILLION IS FROM AARPA

>> AND THIS IS, THIS IS DISCUSSIONS WE'VE BEEN HAVING FOR SEVERAL WEEKS, IF NOT MONTHS.

THAT FOR THE $3 MILLION, IS TO HELP US

>> AND I UNDERSTAND THAT. MAYBE I'M GETTING --

>> AHEAD >> $7 MILLION FOR THE PUBLIC

SAFETY COMMITTEE >> AND ED, THIS IS ALREADY --

>> I UNDERSTAND. LAST I UNDERSTOOD, WE WERE $7 MILLION SHORT ON THE CITY HALL. AND WE WERE GETTING 3 FROM A, 3 FROM B. AND A MILLION FROM AARP.

NOW ALL OF ARPAA IS GOING TO OVERAGES AND PLUS THEIR MINE

>> THE $7 MILLION WAS FOR THE PUBLIC SAFETY

>> AARPA IS CITY DEPARTMENT. AND THE UTILITY FUND AND THE GENERAL FUND. THOSE WERE THE FUNDING SOURCES

FOR THE TWO DIFFERENT PROJECTS >> FOR THIS PROJECT, THIS IS PART OF THE CITY HALL LIBRARY. WE HAVE FUNDS FROM THE RESERVE FUND AND THE UTILITY FUND, IS THAT CORRECT?

>> I WOULD LIKE TO SECOND THE MOTION TO APPROVE?

>> DID WE HAVE A MOTION TO APPROVE

>> MOTION TO RESECOND. PLEASE VOTE.

ITEM PASSES 7-0. THANK YOU ALLEN.

[Item 2023-117]

I THANK THE COMMUNITY DEVELOPMENT BOARD FOR THEIR

PRESENTATION >> CONSIDER AN ACT, FOR PROFESSIONAL SERVICES, WITH LITTMAN GROUP, AND RELATED SERVICES ASSOCIATED WITH THE WASHINGTON LANE IMPROVEMENT PROJECT, IN THE AMOUNT, NOT TO EXCEED 77325 AND AUTHORIZE THE CITY MANAGER TO SIGN SAID AGREEMENT

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

THIS ITEM WILL BE FOR THE PROJECT FROM THE PARKING LANE.

THE ENGINEER DE. AND TO START ACQUIRING THE NECESSARY I AM. THERE'S ACTUALLY BE 11.

THESE WILL ALONG WITH THE NEGOTIATIONS IT'S FOR, IN THE NRPGS. WE DO HAVE FUNDING AVAILABLE AS PART OF THE BOND PROJECT. WITH THAT, I MY I HE

>> SECOND >> MOTION APPROVED, SECOND.

PLEASE VOTE. ITEM PASSES, 6-0.

[Item 2023-118]

>> THANK YOU >> ITEM 2023-118.

CONSIDER AND ACT UPON THE PURCHASE OF 15 NETWORK SWITCHES, 16 ACCESS POINT AND ASSOCIATED EQUIPMENT FOR THE NEW CITY HALL LIBRARY BUILDING FROM THE GENERAL DATATECH LP IN THE AMOUNT OF $162,906.41, PLUS 10 PERCENT CONTINGENCIES OF $16,290.64, FOR TOTAL NOT TO EXCEED $179, 197.05 AND THORRED THE CITY MANAGER TO SIGN ANY AGREEMENTS FOR SAID PURCHASE

>> IT'S SET OF PURCHASES THAT WILL RUN THE NEW CITY HALL.

THE SO THEY CAN SET UP THE SYSTEM, SUCH AS CAMERA, SYSTEM DOORS, SECURITY, THE EYE T FACILITIES VSHLG AND WHEN THIS.

[01:25:10]

THE SWITCHES ARE GOING TO BE END OF LIFE.

AND SAY THINGS WE'RE NOT HAVING DONE, SWITCHES

>> AND WHEN WOULD YOU TAKE DELIVERIES?

>> RIGHT NOW, THE LEAD TIME ON THE SWITCHES IS 250-200 DAYS.

ANTICIPATION, WE WOULD GET THEM SOME TIME IN JANUARY.

IT WILL GET THEM MONTHS, SO WE CAN BUILD THEM INTERNALLY AND ALLOWS THE OTHER TRADES TO COME IN AND BUILD THE SYSTEMS ON TOP

OF THEM >> WHEN WILL THE BUILDERS BE

AVAILABLE FOR INSTALLATION >> AND I WOULD SAY 4-57 MONTHS

OF AUGUST, SO MARCH AND APRIL >> IT WILL TAKE US A WHILE TO STAGE THEM. RALLY, I LIKE TO RUN THINGS, WE WOULD HAVE IT IN STORAGE FOR A PROGRAMMING

>> WHERE WOULD YOU BRING. >> AM STWRFRM

>> MOTION TO APPROVE, SECOND, PLEASE VOTE

[Item 2023-119]

>> AGENDA ITEM, 2023-119. CONSIDER AND ACT UPON THE PURCHASE OF 27 NETWORK SWITCHES, 30 AK SET POINTS AND ASSOCIATED EQUIPMENT FOR THE NEW PUBLIC SAFETY BUILDING FOR GENERAL DATA TECH LP IN THE AMOUNT $317,255.15, PLUS 10 PERCENT CONTINGENCY, OF $31,725 FOR TOTAL NOT TO EXCEED $348,980.71 AND AUTHORIZE THE CITY MANAGER TO SIGN ANY AGREEMENT.

ALL RIGHT. >> WE HAVE A MOTION TO APPROVE.

IS IT SECONDED? >> THIS IS THE SAME THING BUT

FOR THE PUBLIC SAFETY >> THANK YOU

>> I WOULD LIKE TO HAVE A LITTLE MORE RESPECT FOR IT HERE.

I HAVE NOT PASS IT UM, ZERO. LET'S SEE HOW MUCH CONFIDENCE WE

[Item 2023-120]

HAVE IN YOU, MIKE JOOM >> CONSIDER AND FOR SNZ AND THE CITY HALL AND LIBRARY IN A NOT TO EXCEED AMOUNT OF $29,159,483.

AND THANK YOU, MAYOR >> WE'RE BUILDING A CITY HALL TO HOUSE MIKE'S SWITCHES AND ACCESS POINTS.

AND THIS IS THE GM. I WANT TO MAKE, IT SAYS 2.

THERE'S A DIFFERENCE, THE ACTUAL GMP, IS 31,000 LESS THAN WHAT'S ON THE MEMO. IF YOU RECALL, WE HAVE OUT PACKAGES, WITH UTILITIES, STRUCTURE STEAL.

THIS NUMBER, 29. THAT NUMBER IS EXCLUSIVE, THIS IS AN AMENDMENT TO THE OVERALL STRUCTURE -- SOME OF THE LONG.

BEING. THIS IS THE REMAINING SEARCH PERCENT FINANCIAL REPORTLY. DOORS FINISHES.

FLIENT COMMISSIONERS. WITH THAT, I'M.

WALK TO YOUR OWE. HEY HECHE, 3.2 FROM THE UTILITY

[01:30:11]

SNOIRMENT. IT'S ROUGHLY 2 MILLION, IN ADDITION TO THE BONDS.

>> MOTION, PLEASE? >> IS THERE A TEN PERCENT

CONTINGENCY >> IT'S NOT A PERCENTAGE.

IT'S AFFIXED AMOUNT. >> CONTRACTOR CONTINGENCY, AND OWNER'S BENEFIT, DESIGN CONTINGENCY

>> THAT'S INCLUDED >> I WILL MAKE THE MOTION TO

APPROVE >> MOTION TO AFROF.

[Item 2023-121]

SECONDED

>> I HAVE 2023-121. CONSIDER AND ACT UPON THE AMENDMENT TO THE AGREE. GENERAL XSH SHG AND OF STIPT.

AND NOT TO EXCEED, BEING. AND I CAN'T NP.

4. AND IT IS FOR OUR NEW PUBLIC SAFETY BUILDING THERE'S GOING IN THE FRONT OF STREETS.

THIS IS INCLUSIVE OF THE EARLY OUT PACKAGE WE DID FOR $41 MILLION. IT HAS THE EXACT SAME ITEMS THAT ARE IN THE BID THAT CAME OUT OF THE OTHER BID.

WITH THAT, I'LL ANSWER OTHER QUESTIONS AND IN THE NEXT

AGENDA, WE'LL BE >> I HAVE ONE.

WHEN WE GET INTO BE. WITH THE BE IN

>> WE WERE LOOKING FOR NEW YORK. AT THE TIME IT, IT WAS ON BIT JET. WE GRK AND NOW FB, WHEN THE BUDGET CAME.

WE HAVE MEETING AFTER MEETING THE PEFR.

AND WHEN EVERYTHING WAS SAID 140E678D.

TO COME UP WITH A STRESH ALLOWED US TO DO EVERYTHING WE NEED TO DO. AT THE END OF THE DAY, ON THE BOND PACKAGES, VERSUS WHAT WAS APPROVED IN THE BOND AND WHAT WILL BE BUILT, IS A DELTA OF HOW MUCH MONEY ACCOUNT, TWO YEARS AGO, WHEN WE. 18 MILLION IN THE COURSE OF THE PROCESS TO GET IT DID. NEXT YEAR, IF WE WANT TO ADD TEN PEOPLE TO BRING THE STAFF MEMBERS UP.

I DON'T THINK THERE'S AN ARGUMENT TO STAND AGAINS IT.

FM. WE CAN FEC.

>> IS COVERED THROUGH THE GENERAL FUND?

>> NONE, REALLY. >> THIS MUST BE PROPOSED TO BE

COVERED >> WE'LL GET TO IT LATER

>> $2 MILLION. >> WE HAVE THIS MOTION FOR THIS

AGENDA ITEM >> MOTION TO APPROVE

>> MOTION TO APPROVE. SECONDED.

[Item 2023-122]

PLEASE VOTE. >> ITEM PASSES 7-0

>> ITEM 2023-122. CONSIDER AND ACT UPON AN ORDI ORDINANCE.

AND IN THE AMOUNT NOT TO EXCEED $2 MILLION FOR THE UNRESERVED ACCORDANCE, BE THOK, PROECHLT, REPORT OF ORDINANCES AND

RESIDENT TO THIS DATE >> MAYOR AND COUNCIL?

>> JUST TO MAKE SURE EVERYBODY, WITH ALL THE NUMBERS RUNNING

[01:35:05]

AROUND, UNDERSTAND FROM THE CITY HALL LIBRARY, WE DO HAVE, THE TYPE A DID PROVIDE $3 MILLION NCDC TONIGHT.

THIS PROVIDING $3 MILLION. WE HAVE UNRESERVED GENT.

AND OF'THEN BE WE HAVE OUR CEO PARNINGING FROM 2.

THAT'S ALL THE FUNDING THE CITY HALL CAME FROM.

THE PARTICULAR ONE. AND IF YOU LOOK AT THE FINANCIALS THAT YOU RECEIVE TONIGHT, AS OF 9:30.

IF ANYBODY HAS ADDITIONAL QUESTIONS ABOUT THIS

>> HOW MANY USES? >> ABOUT 182 ROUGHLY

>> SO 182 DAYS, CITY STANDARD IS 180

>> OUR POLICY. >> OUR POLICY IS 90.

OUR POLICY IS 90 TRADITIONALLY, WE'VE HAD AROUND 180 OR SO.

>> THE GOAL >> AND SO, IT'S RELATIVE TO THE AGENDA ITEM, WHAT WILL THAT LOWER OUR AMOUNT OF DAYS TO IF

THIS IS APPROVED >> IT'S VERY SORT.

ESTIMATE THAT WE DID, WITH, WE HAVE A LITTLE BIT MORE AT THE END HFT ES. WITH THIS, WE SHOULD BE RIGHT AT THE 180, AT THE END OF THE FISLE CA YEAR, BASED ON THIS.

WE RAN TWO SCENARIOS, WHEN WE TALKED ABOUT IT BEFORE WHETHER THE TYPE B CORPORATION, WILL PARTICIPATE OR NOT.

WITH THIS, WE SHOULD STILL STAY RIGHT AT THE 180.

NUMBER. IF EVERYTHING IN THE BUDGET

COMES OUT. >> AND OVERAGES.

AND RUNNING IN REVENUE IN EXPENSES.

>> DO WE HAVE A MOTION? >> COMMENT

>> WHAT ARE OUR LOST REVENUE, >> AND PICKED ANOTHER,

>> WATER IT DOWN >> IT'S ANOTHER --

>> IT DOESN'T AFFECT THIS ONE >> NO.

>> AND WE'LL GET THERE IN A MOMENT

>> SO >> MOTION

>> APPROVE >> MOTION TO APPROVE

>> SECOND. PLEASE VOTE.

ITEM PASSES 7-0 >> ITEM 2023, CONSIDER AN

[Item 2023-123]

ORDINANCE, CITY OF MIDLOTHIAN, FISCAL YEAR, 2022-23, BUDGET APPROPRIATIONS IN AN AMOUNT, NOT TO EXCEED 3,022,000 TO FUND A CITY HARD BUILDING, IN ACCORDANCE TO -- RESOLUTIONS INCLUDING A SEPARATE BUILDABLITY CLAUSE INEFFECTIVE DATE

>> YES, AS MENTIONED BEFORE, THIS IS ONE OF THE COMPONENTS TO ASSIST IN THE PAYMENT OF THE CITY HALL AND LIBRARY BUILDING.

THIS IS COMING FROM THE UTILITY FUND.

IT WILL BE A TRANSFER FROM THE UTILITY FUND TO THE CONSTRUCTION FUND. BUT ALL RELATED TO THE GENERAL FUND. I WILL BE GLAD TO ANSWER ANY

QUESTIONS ABOUT THIS >> MOTION, PLEASE

>> APPROVE >> SECOND

>> MOTION TO APPROVE, SECONDED. PLEASE VOTE

[Item 2023-124]

>> ITEM PASSES, 7-0 >> THE NEXT ITEM, WE DO HAVE,

ONE SPEAKER >> ITEM 2023, CONSIDER AND ACT UPON ORDINANCE AMENDING CITY, REIMBURSEMENT OF GOVERNMENT

[01:40:02]

SERVICES TO THE CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ESTABLISHED BY THE AMERICAN RECUE PLAN ACT IN AN AMOUNT NOT TO EXCEED $7 MILLION, FOR PAYROLL AND UTILIZE FUNDS ORIGINALLY BUDGETED FOR PAYROLL FOR THE CONSTRUCTION OF THE PUBLIC SAFETY AND COURTS BUILDING AND THE ADOPTION OF AN ORDNANCE AMENDMENT THE CITY OF MIDLOTHIAN FISCAL YEAR, 2022-2023, GENERAL FUND BUDGET APPROP APPROPRIATIONS, IN AN AMOUNT NOT TO EXSEAT $7 MILLION FROM THE UNEARNED REVENUE ACCOUNT 105-2400 TO FUND CONSTRUCTION COST OF PUBLIC SAFETY AND COURTS BUILDING IN ACCORDANCE OF 102 LOCAL GOVERNMENT CODE PROP OPERATING VARIOUS AMOUNTS THERE OF, REPEALING CONFLICT ORDINANCES AND RESOLUTIONS INCLUDING SEVERABLITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE

>> I WOULD SAY THE CITY WAS AWARDED $$7 MILLION-UNDER THE CORONAVIRUS STATE FINANCIAL FUNDS.

THESE WERE AWARDED TO THE CITY. BECAUSE IT'S LESS THAN $10 MILLION, THERE WAS A STANDARD ALLOWANCE FOR THOSE, AND THEY CAN BE ANY KIND OF GENERAL GOVERNMENT SERVICES.

IT DOESN'T HAVE TO BE SPECIFIED FOR A SPECIFIC PURPOSE.

AND IT'S A SIMPLY FID REPORTING BE IT THE 10 MILLION.

WITH THAT, IN THIS, BY THE WAY, DOES GO FOR THE PUBLIC SAFETY BUILDING. IT HAS NOTHING TO DO WITH THE CITY HALL AND THE LIBRARY. I JUST WANT TO STRESS THAT

>> YOU WANT CHRIS TO SPEAK FIRST?

>> HE MAY ANSWER IT >> GO AHEAD

>> AND IT'S MY UNDERSTANDING, AND THIS GETS REALLY WORDY AND CONVOLUTED, LAWYERS SPEAK, PARDON ME, JOE.

IS THERE A CAVEAT IN THIS? THAT SAYS WE HAVE TO SHOW APPROVED LOGS? I'M FOR APROFRG THE FUNDS FOR THE PUBLIC SAFETY BUILDING. DON'T WE HAVE TO PROVE THAT

>> NOT IF YOU'RE OVER -- NOT UNLESS YOU'RE OVER THE $10

MILLION >> BASICALLY, YOU HAVE THE STANDARD ALLOWANCE. WHEN THEY CAME OUT WITH THE FINAL RULE, VERSUS THE INTERIM RULE.

YOU DON'T HAVE TO DO THE CALCULATION IN THE FORMULA TO

APPROVE THE LOSS >> PERHAPS I'M READING THIS PIECE OF PAPER, YOU GAVE THIS. DOES IT NOT SAY THAT? WE'RE TAKING THE STANDARD REDUCTION

>> YOU DON'T HAVE TO SHOW, IT WAS LOSS REVENUE.

YOU DON'T HAVE TO SHOW THAT YOU LOST $10 MILLION.

IT SAYS YOU HAVE TO, BUT HERE >> AS MANY CITIES DIDN'T LOSE 10 MILLION OR TAKEN ADVANTAGE FOR THE DIFFERENT SERVICES

>> WE HAVE A VERY FORTUNATE ECONOMICALLY THAT WE DIDN'T LOSE

ANYTHING >> SORRY.

MAY I ASK A QUICK QUESTION >> WE HAVE OUR ATTORNEY RULE THAT IT WAS OKAY. WE HIRED OR SOUGHT OUT, CARROLLTON, COLMAN TO GIVE US, NOT SAY RULING BUT ADVICE AS

WELL >> WE USE THEM ON A PREVIOUS, BACK WHEN THE VERY FIRST, THE CARES ACT CAME OUT.

WE CONSULTED WITH CARRINGTON COLEMAN AS SOME EXPERTS AND THOSE TYPES OF FUNDS, AND WHEN THE SECOND RELIEF PACKAGE CAME OUT, WE CONSULTED WITH THEM, TO GET THE OPINIONS

>> THIS IS THEIR EXPERTISE. LET'S HOPE WE SEEK

>> WHAT LIABILITY DO WE BARE? AND WE MAKE THIS VOTE?

>> IF THEY ARE WRONG, WE HAVE TO PAY THE FUNDS BACK SH IF THEY

ARE INCORRECT >> WITH THAT, WE HAVE A SPEAKER.

LISA HEALY. YOU'RE NAME, ASSOCIATION AND ADDRESS. YOU HAVE 3 MINUTES.

>> HI, LISA HEALY, 418, MIDDLETON DRIVE.

[01:45:03]

I WOULD ENCOURAGE THE CITY COUNCIL TO VOTE NO, IN TAKING THE FUNDS WE DON'T KNOW WHAT THE STRINGS THAT COME WITH THE FUNDS, TRANSGENDER BATHROOMS, DII HIRES REQUIREMENTS BECAUSE IT'S GOING TOWARDS PAYROLL.

AND THERE'S THE INTEGRITY OF IT. WE SAY A PRAYER AND WE ASK GOD TO ADVISE US AND TO GIVE US A MORAL COME PASS IN LEADING THE CITY. BY TAKING THIS MONEY, YOU ARE GOING AGAINST WHAT GOD WOULD WANT.

HE DOES NOT WANT US TO ABUSE THE SYSTEM.

AND I SEE SMIRKS. THAT'S FINE.

BUT IN THE END, THIS IS DIRTY MONEY.

AND YOU WILL BE PUTTING US AT JEOPARDY.

THERE'S NOTHING GOOD THAT WILL COME FROM THE MONEY.

WE HAD A WORKSHOP, THAT SAID, HOW COULD WE GET YOUNG PEOPLE TO BE ABLE TO AFFORD TO MOVE TO MIDLOTHIAN WELL, WE'RE IN THE MESS BECAUSE PEOPLE ARE TAKING MONEY THAT THEY DON'T NEED. WE DON'T NEED THE MONEY.

YOU WENT THROUGH THE WHOLE WORKSHOP LAST YEAR.

YOU HIRED NEW POSITIONS. YOU GAVE 6 PERCENT RAISES ACROSS THE BOARD. YOU TAXED US.

YOU TOOK THAT MONEY. WE'RE 180 DAYS IN OUR GENERAL RESERVE FUND. USE THAT MONEY.

DON'T NOT TIE US TO THE FEDERAL GOVERNMENT AND DO WHAT IS RIGHT.

PLEASE HAVE SOME INTEGRITY. AND LEAD US, LET US BE THE CITY WE CAN BE. VOTE YOUR VALUES.

THAT'S WHY PEOPLE MOVE TO MIDLOTHIAN FOR OUR VALUES.

I IMPLORE YOU. I COME HERE AT EVERY MEETING BUT NOT ONCE DO YOU LISTEN. IF YOU PUT OUT TO A VOTE, THE COMMUNITY WOULD SAY, DON'T TAKE THE FUNDS AND DO WHAT'S RIGHT.

THANK YOU. >> I HAVE A QUESTION.

WHAT STRINGS ARE, IN RECEIVING THE FUNDS

>> LOOKING BACK IN THE SECOND PAGE.

WE ASK THE QUESTION. IF YOU SEE, ABOUT MIDWAY BACK DOWN THE SECOND PAGE, THEY TALK ABOUT WHAT STRINGS ARE ATTACHED.

I THINK BASICALLY THE SAME THINGS ARE ATTACHED TO ANY FEDERAL GRANT, FUNDING THAT YOU GET.

SO -- WERE WE GIVEN -- OKAY. THAT'S ON THIS PAGE?

>> YEAH, IF YOU -- ON THE SECOND PAGE, ABOUT HALFWAY DOWN, IT TALKS ABOUT ADDITIONAL REQUIREMENTS AND STRINGS THAT MAY BE ATTACHED TO THE REWARD. IT GOES THROUGH --

>> WE HAVE A RULE HERE FROM -- COLEMAN, CHRIS, I WOULD LIKE, ISSUE TO DATE. AND APPROVAL, OF THE MID COPY.

THIS IS A MAIN POINT OF WHAT WE FACE OR ACTIONS ON TO DATE, UPON

-- >> CHRIS, I HAVE A QUICK QUESTION. I THOUGHT THAT WE ALREADY ACCEPTED THE MONEY AND IT WAS SITTING ON ACCOUNT.

WE HAVE AN ACCOUNT AND WE HAVE NONE.

WE ALLOCATED 636,000 IN THE BUDGET.

WHAT I'M SAYING, I THOUGHT WE ALREADY RECEIVED THE MONEY FROM THE STATE. AS FAR AS, AS FAR AS WHAT LISA

WAS TALKING ABOUT >> COME TO THE PODIUM

>> WE ALREADY CROSSED THE THRESHOLD

>> STARTED RIGHT NOW >> WE RECEIVED -- WE HAVE THE 8.3 MILLION IN OUR ACCOUNT. WE HAVE NOT SPENT THE MONEY

>> RIGHT >> AND IN THE EYES OF THE GOVERNMENT, THEY DON'T CARE. ONCE THEY'VE SENT THE MONEY TO US, WE'RE TIED TO THE USAGE REQUIREMENT.

WE'RE TIED TO WHATEVER STRINGS, MAY OR MAY NOT BE.

WE'RE TIED TO THE CONSEQUENCES. >> WE HAVE ACCEPTED THE MONEY.

WE HAVE IT IN OUR BANK ACCOUNT. I DO AN ANNUAL REPORT.

THE REPORTING PERIOD, 1-30TH, LAST YEAR, WE REPORTED, THAT WE HAD ACCEPTED THE FUNDS. I DO BELIEVE, MS. HAILEY, ALTHOUGH, IN THE MICROPHONE IS CORRECT.

YOU COULD ALWAYS, DECIDE WE DON'T WANT TO KEEP IT.

WE'VE ALREADY ACCEPTED IT AND WE HAVE NO ADDITIONAL STRINGS FROM WHAT WE'RE BEING TOLD.

[01:50:07]

WE ALREADY DID USE, 660,000, TO BALANCE THE BUDGET LAST, FOR THIS YEAR. AND IF ANYBODY HAS FORGOTTEN THAT. AND SO, WE STILL HAVE $7,648,000 IN UNUSED. $7 MILLION 648,000.

BUT THE BUILDING WOULD BE 7 MILLION.

WE STILL HAVE ANOTHER $748,000 PLUS LEFT

>> ONCE WE TOOK THE THRESHOLD INTO ACCOUNT, ONCE WE RECEIVED

THE MONEY, IT WAS CROSSED >> I DON'T KNOW IF WE COULDN'T SEND IT BACK. UNCROSS THE THRESHOLD.

>> WE HAVE NOT SPENT THE REST OF THE MONEY.

THE 660. AND IF WE WANTED TO COME COMPLETELY ACROSS THE BRIDGE. WE WANT TO KICK ABOUT THE OTHER

660 AND SEND IT ALL BACK. >> RIGHT NOW, US TRIGGERING SOMETHING, AND IT'S NOT LIKE YOU'RE GOING TO SAY, HERE'S THE

STRINGS ATTACHED >> NO.

>> HERE'S MY QUESTIONS, WHAT STRINGS ARE ATTACHED.

DO WE KNOW, KNOW IN YOUR HEAD >> JOE, WHAT'S YOUR?

>> THEY HAVE ATTACHED, THE GOVERNMENT, FROM -- ATTACHED.

AND WE CAN -- OVER WITH. IN THIS CASE, AS FAR AS, WHY IS IT APPLICABLE, TO WHAT WE'RE USING THE FUNDS.

AND THEY ARE NOT APPLICABLE >> WERE GIVEN A LIST OF THE STRINGS ATTACHED BEFORE THE MEETING?

>> >> WE TAKE FEDERAL GRANTS FOR POLICE, SHIELDS, WE TAKE THEM

FOR FIRE. >> AND COMING FROM THE STATE AND FEDERAL MONEY, ADMINISTERED FROM THE STATE.

ANYTIME WE ACCEPT THOSE GRANTS, WE ARE SAYING THAT WE'RE GOING TO BE HELD TO WHATEVER, YOU KNOW, STRINGS ARE APPLICABLE

>> THE CARES ACT MONEY WE TOOK, IS A GOOD EXAMPLE.

>> MOVE TO APPROVE >> MOTION TO APPROVE.

IS THERE A SECOND >> SECOND

>> >> ITEM 2023 N 1-2 >> CONSIDER THE ACT OF

[Item 2023-125]

RESOLUTION, SPECIAL DISTRICTS INCLUDING MUNICIPAL UTILITY DISTRICTS IN THE CITY OF MIDLOTHIAN IN OUR EXTRA

TERRITORIAL JURISDICTION >> AS YOU KNOW, WE HAVE BEEN HIT WITH SEVERAL PETITIONS FOR MUNICIPAL UTILITY DISTRICTS IN THE AREA AND THERE'S EVEN MORE SO, THAT'S BEEN SUBMITTED IN ELLIS COUNTY. SEVERAL JURISDICTION, INCLUDING THE COUNTY, LOOKING TO DO SOMETHING SIMILAR ARE JUST TRYING TO REACH OUT TO OUR LEGISLATURES AND SEE IF THERE'S ANYTHING THAT COULD BE DONE TO HELP REGAIN THE LOCAL CONTROL

WITHIN OUR AREA >> AND CREATING THE DISTRICTS

[01:55:15]

WITHOUT ANY CITY INPUT, AND OR COUNTY INPUT INTO THE PROCESS.

YOU'LL SEE IT'S A SENATE OF WATER AND RULE AFFAIRS.

THEY ARE THE CITY THAT OVERSEAS THE TCQ.

CURRENTLY, IT HAS THE APPROVAL AUTHORITY FOR THE MUNICIPAL UTILITY DISTRICTS. THIS COULD BE SENT TO ANY LEGISLATETIVE, YOU KNOW, WHETHER IT BE R REPS OR OTHER REP THAT WOULD BE PUSHING LEGISLATION, THAT WILL BE IN OPPOSITION TO

THE DISTRICTS. >> IN PREPARATION FOR THE ITEM ON THE AGENDA. FIRST OFF, I WANT TO NOTE, THEY PASSED A RESOLUTION AGAINST I PERSONALLY WENT OUT TO DOZENS OF CIT CITIZENS.

NO FORM OR FASHION, I AM AN EXPERT ON IT.

I UNDERSTAND WHAT -- THEY ARE AND HOW THEY FUNCTION.

THEY TOOK THEM TO THE CITIZENS, NOT ONE CITIZEN I SPOKE TO, MAJORITY OF WHICH, WERE MIDDLETON RESIDENTS.

OTHERS WERE ELLIS COUNTY RESIDENTS.

NOT ONE WAS IN SUPPORT OF THE MUDS

>> ANY OTHER COMMENTS >> I HAVE THE SAME.

>> I GOT THE SAME RESPONSE >> THE MOTION TO APPROVE WOULD DO THE RESOLUTION, AND ANOTHER OPPOSITION, CORRECT?

>> YOU HAVE A RESOLUTION THAT, PROTEM WOULD READ A RESOLUTION.

ATTACHED IS ALREADY LEVER. AND IF YOU NOTICE, MYSELF AND MAYOR, JUSTIN KAUFMAN, MAYOR PROTEMP.

CHAIRMAN CITY COMMITTEE FOR WATER, IN THE RURAL AFFAIRS.

WE'RE FOLLOWING SUITS AND, OF COURSE, THE ENDORSEMENT OF THE

COUNCIL >> I'LL READ IT INTO THE RECORD.

RESOLUTION, IMPOSING, INCLUDING MUNICIPAL CITY DISTRICTS IN THE CITY OF MIDLOTHIAN, AND WHEREAS THE CITY OF MIDLOTHIAN, TEXAS, HAVE BEEN AND CONTINUE TO EXPERIENCE SIGNIFICANT GROWTH AND THE CITY GOVERNMENT AND COUNTY GOVERNMENT SHOULD HAVE THE APPROPRIATE AUTHORITY TO REGULATE GROWTH IN THEIR RESPECTIVE CITIES AND COUNTIES, WHEREAS, SPECIAL DISTRICTS HAVE BEEN IMPROPERLY USED TO AVOID COMPLIANCE WITH THE CITY AND COUNTY INFRASTRUCTURE PLANS, WHEREAS, MUNICIPAL UTILITY DISTRICTS, KNOWN AS MUDS, CREATE A TAXIING AUTHORITY, THAT INCREASE PROPERTY TAXES, ALLOWED FOR HIGH DENSITY DEVELOPMENT AND SEEM TO BE AUTOMATICALLY APPROVE ON TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND WHEREAS, MUDS, IMPACT ON THE EXISTING INFRASTRUCTURE AND ENVIRONMENT, DOESN'T APPEAR TO BE CONSIDERED IN THE CURRENT APPROVAL PROCESS, LEAVING THE CITIES AND COUNTIES TO DEAL WITH THE INCREASED WASTE WATER AND DRAINAGE RUNOFF, FLOODING IMPACTS, SCHOOL OVERCROWDING CRIME AND OTHER STRAINS, LEADING TO A REDUCTION AND QUALITY OF LIFE FOR ALL CITIZENS THEREFORE, CITY COUNCIL.

CITY COUNCIL OPPOSES BY DEVELOPER OF ANY AND SPECIAL DISTRICTS, INCLUDING MUDS AND CITY OF MIDLOTHIAN AND EXTRA TIERITTORIAL JURISDICTION WITHOUT THE CITY COUNCIL'S

CONSENT >> SECOND.

>> >> MOTION TO APPROVE AND SECOND.

PLEASE VOTE

>> RESOLUTION AND THE ADJOINING IN THE LETTERS, ARE APPROVED.

THANK YOU, COUNCIL. I FEEL, HUD'S COMMENTS THERE, AND THIS WOULD BE A BIG CHALLENGE FOR US.

[Item 2023-126]

>> ITEM 2023-126. CONSIDERING THE ACT OF

[02:00:01]

RESOLUTION, ADOPTING THE AMENDED POLICY ON GOVERNMENT'S PROCESS

AND CODE OF ETHICS. >> I'M HOPING FOR SUGGESTIONS.

WHAT I WILL DO, I WILL GO SECTION BY SECTION AND JOE IS GOING TO IDENTIFY WHAT CHANGES, IF ANY, TO THE PARAGRAPH.

I WOULD LIKE, UPPER DOWN VOICE VOTE ON TO INCLUDE THE SECTION OR NOT. IS THAT ACCEPTABLE FOR COUNCIL IF YOU WANT TO DO THE SECTIONS THAT WE HAVE CHANGED, WE CAN DO

THAT. >> WE DO JUST THE SECTIONS WE

CHANGE. >> AND STARTING WITH THE SECTION 2, NUMBER 9, WE'RE MOVING THE SEPTEMBERENCE, SECOND PARAGRAPH OF NUMBER 9. REMOVING SENTENCE, COUNCIL MEMBER SHALL HAVE SERVED ON CITY COUNCIL FOR AT LEAST TWO YEARS, BEFORE BEING APPOINTED TO THE NOMINATION SUBCOMMITTEE.

>> WE'RE GOING TO STRIKE AT LEAST FOUR YEARS.

AND -- >> SENTENCE

>> AND THE WHOLE SENTENCE >> AND WHOLE SENTENCE

>> WHAT DISTASTES WHO IS IN THE COMMITTEE

>> THE TWO -- ACTUALLY, THE TWO SENIOR POSITIONS.

THE TWO THAT ARE UP FOR ELECTION

>> THAT IS WRITTEN SOMEWHERE, I BELIEVE

>> ABOVE IT >> AND IF, IF FOR SOME REASON, THERE'S A VACANCY, THE MAYOR WILL POIN TO SOMEBODY; RIGHT?

>> TECHNICALLY, IT WILL GO TO THE PROTEMP.

ALTERNATE TO THE PROTEMP, WILL BE SELECTED BY THE MAYOR.

? >> YES

>> AND THE CAR IN, AND THEN, RICHARD, WILL GET A POINT,

>> HE WENT BE PROTEMP >> WILL GO DOWN THE LINE

>> LET'S JUST GO THROUGH EACH ONE

>> AND WELL, >> ARE YOU SUGGESTING, AS A CHANGE, WE WILL DO A VOICE UP OR DOWN ON THAT

>> YES, OH, YEAH

>> YES YES

>> AND THAT CHANGE IS APPROVED. JOE, WHAT'S NEXT

>> >> GOING TO SECTION FIVE, ADDING A SENTENCE AT THE -- ADDING A SECTION 9 AT THE END.

IT'S CROSS REFERENCING. AND I MADE IT ON MY OWN.

EXCEPT IN AN EMERGENCY SITUATION, OR SITUATIONS, NEEDING IMMEDIATE ATTENTION. THERE COULD BE A DISTINCTION THERE. THE COUNCIL MEMBER SHOULD LIMIT, REQUEST TO STAFF AND INCLUDING THE CITY MANAGER TO NORMAL

BUSINESS HOURS >> YES, YES

>> YES, >> YES

>> CITY ATTORNEY >> AND IT'S A JOKE.

IT'S A JOKE. IT'S STILL TOO EARLY

>> MOVING ON TO BOARD. BOARD RIRMS AND RULES.

SECTION ONE. NUMBER 7.

DELETE, BOARD CHAIR. AND CITY MANAGER.

WE'LL HAVE STAFF LIAISON AND CITY SECRETARY.

>> AND STAFF LAYSON AND CITY SECRETARY.

>> YES >> YES

>> YES >> YES

>> YES >> YES

>> AND THAT'S YES >> GOING ON TO NUMBER 12 IN THE SAME SECTION. THAT CHANGED THE CHAIR, ANY THREE MEMBERS, CHANGED 2-3. AND ALSO KEEP IN MIND THE FINAL DRAFT, IN THE LAST SENTENCE. THE REQUEST IS MADE, OUT OF ONE WEEK NOTIFICATION, ITEM WILL BE ADDED TO THE NEXT MONTH'S AGENDA

>> YES >> YES

>> YES >> YES

>> YES >> WE'RE GOING TO GET REAL ADVANCED AND 13-14 TOGETHER. WE'RE SIMPLY ADDING, CITY SECRETARY. AND THROUGH THE BOARD LAYSON AND CITY SECRETARY TO BOTH OF THOSE. LET'S SEE WHAT THEY NEWLY

[02:05:01]

APPOINTED >> YES

>> YES >> YES

YES >> WE KIND OF LEFT THE FIRST PAGE. AND

>> ONLY THING >> WE DID THAT IN THE PREVIOUS

EDIT >> IT WAS SAID TO COME BACK

>> AND WE SAY ANY, WE HAVE TO -- SLIDE BETWEEN THE BOARD

>> CORRECT >> AND IT WILL BE CHANGE

>> AND DEFINITELY >> YES

>> YES >> AND OBVIOUSLY, SAY YES TO HIS

QUESTION >> AND YOU'RE ASKING FOR MY VOTE

>> YES >> LEAVING ANY

>> YES >> TO THE ENTIRE 16 OR WORD ANY

>> WORD ANY >> 16, IS ALREADY LIKE THAT.

ONLY ONE WE ADDED IS THE WORD ANY.

>> ON 17, REWORDED IT. WILL START IN THE EVENT A BOARD MEMBER AND COMMISSION MEMBER IS APPOINTED OR OTHERWISE ELECTED DISTRICT, ELECTED POSITION IN THE COUNTY OR CITY UPON SUCH ELECTION AND APPOINTMENT, THEY SHOULD FORFEIT, AND SUCH POSITION SHALL BE DECLARED VACANT

>> YES >> ONLY THING

>> AND WITH DISCUSSION HERE >> THE ONLY THING WE NEED TO EXCLUDE IN MY OPINION, IS THE ELECTION TO A PRECINCT CHAIRMAN POSITION FOR ANY INDIVIDUAL PARTY, BECAUSE THAT'S --

>> WE CAN WRITE THAT IN >> YES

>> BEFORE WE VOTE, YOU HAVE A THOUGHT OF THIS.

YOU HAVE MOTHER ON WALTER'S AMENDMENT

>> I WANT TO QUESTION A CLARITY. THAT'S NOT THE SAME PER COUNCIL.

I DON'T BELIEVE YOU COULD HOLD TWO ELECTEDED POSITION, IF YOU SERVE ON COUNCIL, IS THAT CORRECT?

>> WE'RE TALKING ABOUT THE COMMITTEES HERE

>> STATE LAW ALLOWS YOU TO BE AN ELECTED OFFICIAL AND A PRECINCT?

>> CORRECT. BECAUSE IT'S NOT AN OFFICE,

COULD NOT PRONOUNCE IT CORRECTLY >> JOE, WOULD YOU READ WHAT YOU TH THINK

>> WANT TO SAY >> AND ANY

>> PRECINCT CHAIRS

>> PARDON MY -- >> AND WE'RE TRYING, APPLY TO ELECTEDED -- ONLY RESPECTED PARTY.

POLITICAL PARTY. >> AND COMMISSION MEMBERS, ELECTED TO A FEDERAL STATE, COUNTY, SCHOOL DISTRICT, ELECTED POSITION WITHIN THE COUNTY OR CITY, AMONG SUCH ELECTION, SHALL AUTOMATICALLY FORFEIT THE POSITION, SUCH POSITION SHALL BE DECLARED VACANT AND SHOULD BE PRECINCT, ELECT PRECINCT CHAIR OF ANY RESPECTED AND POLITICAL PARTY.

>> YES YES

>> YES >> YES

>> IS THERE SOMETHING ELSE? >> >> SO NOW, TAKE A MOTION TO

VOTE ON THE ENTIRE DOCUMENT >> AND THIS IS YOURS,

>> AND WRAPPING IT UP >> AND WITH THE APPROVAL

[02:10:01]

>> WITH THE APPROVED CHANGES, AGREED CHANGES

>> AND MAKE A MOTION TO APPROVE THE GOVERNMENT'S POLICY WITH THE

APPROVED AMENDED CHANGES. >> APPROVE WITH THE CHANGES.

PLEASE VOTE >> AND ITEM PASSES, 6-1.

[EXECUTIVE SESSION]

>> AT THIS TIME, THE CITY COUNCIL WILL CONVENE TO A.

PART ONE, LEGAL CONSULTATION WITH CITY ATTORNEY, REGARDING THE PETITIONS FILED FOR THE CREATION OF THE PROPOSED HIGHLAND LAKES UTILITY DISTRICT ONE AND FM875, MUNICIPALITY DISTRICT OF ELLIS COUNTY. AT

* This transcript was compiled from uncorrected Closed Captioning.