[Call to Order, Invocation, and Pledge of Allegiance]
[00:00:08]
>> GOOD EVENING, IT'S 6:00 P.M. ON AUGUST 22ND.
I DO CALL THIS MEETING OF THE MIDLOTHIAN CITY TO ORDER.
AS WE COMPLETES THAT, WE WILL HAVE ED GARDNER LEAD US IN OUR PLEDGES. THANK YOU FOR BEING HERE,
WHATEVER YOU WANT. FATHER WE THANK YOU FOR YOUR FAITHFULNESS AND KINDNESS. THANK YOU FOR ALLOWING US TO LIVE IN THIS NATION AND THIS PARTICULAR COMMUNITY WHERE WE HAVE THE FREEDOMS TO COME TOGETHER AND HAVE CONVERSATION.
BE WITH US AS WE HAVE TRUSTED MEN AND WOMEN TO BE ON THE RO ROSTER, GUIDE US AND MAKE GOOD DECISIONS FOR ALL CITIZENS. IN JESUS NAME, AMEN.
>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, YOU SHOULD GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
>> HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE.
[2023-319]
THANK YOU BOTH. OPENING ITEM 2023-319.THE CITY INVITING ANYONE TO ADDRESS COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED TO BE HEARD. PRESENT TO CITY SECRETARY.
SPEAKERS ARE LIMITED TO THREE MEETING SAYS IN ACCORDANCE TO THE TEXAS OPENING MEETING ACT. DO WE HAVE CITIZENS TO BE HEARD?
>> RYAN ARCHLETA. >> COME FORWARD AND JUST STATE YOUR NAME AND WHETHER OR NOT YOU LIVE WITHIN THE CITY AND HAVE
THREE MINUTES. >> MY NAME IS RYAN ARCHLETA.
YES, I DO LIVE WITHIN THE CITY. I CAME BY TONIGHT TO HOPEFULLY BE ADDED TO A FUTURE AGENDA. I'M PROSPECTIVE BUSINESS OWNER HOPING TO OPEN UP A BODY PIERCING STUDIO WITHIN THE CITY LIMITS. CURRENTLY THE WAY THE LAW IS SET UP, BODY PIERCING WOULD NOT BE ALLOWED WITHIN CERTAIN MEDIANS OF CHURCHES OR SCHOOLS, ALL OF THE COMMERCIAL ZONES FALL TOO CLOSE TO THE AREAS. I FIND IT ODD THAT CLAIRE'S IS AN OPEN BUSINESS WITHIN A RETAIL STORE WITHIN THE CITY LIMITS WITH UNTRAINED PROFESSIONALS, AND I HAVE WHO PROBLEM BODY PIERCING FOR 13 YEARS HOLD TRAINING AND CANNOT OPEN UP WITHIN THE CITY LIMITS. I'M HOPING TO OPEN A DIALOGUE TO CHANGE THE LAWS FROM BODY PIERCINGS TO TATTOOS.
I'M LOOKING TO OPEN UP A PIERCING BOUTIQUE FOLLOWING ALL AMERICAN-MADE JEWELRY AND ASTM STANDARDS AND GENUINE GOLD.
SO EITHER KIND OF REFINING THE PIERCING LAWS TO SEPARATE THEM AS THE LICENSES ARE ALSO SEPARATE ACCORDING TO THE TEXAS STATE HEALTH CODE OR TO CHANGE THE ZONING LAWS TO ALLOW US TO OPEN UP WITHIN RETAIL AS BODY PIERCING FOR EVERY ONE SERVICE, 66% OF MY BUSINESS WOULD BE RETAIL.
WE'RE ALSO FORCED TO FOLLOW SPORE TESTING STANDARDS AS FOLLOWED BY MEDICAL CODE FOR THE AUTO CLAVES.
I STARTED TO WORK WITH THE PLANNING COMMUNITY BUT JUST LOOKING TO POSSIBLY BE ADDED TO THE AGENDA TO MAYBE ADD A SAFE AND CLEAN OPTION TO THE CITY FOR BODY PIERCING AS I BELIEVE OUR
COMMUNITY COULD BENEFIT FROM. >> THANK YOU FOR YOUR COMMENTS.
YOU SAID YOU HAVE FOLLOWED UP WITH THE STAFF?
>> YES. I STARTED WORKING WITH PLANNING A LITTLE BIT. JUST TO KIND OF GET THE IDEA OF WHAT WE COULD, AND WE JUST FOUND THAT ULTIMATELY, WE ARE KIND OF ZONED OUT OF BUSINESS AT THE MOMENT.
IT'S ALMOST IMPOSSIBLE TO OPEN UP WITHIN THE CITY.
>> THANK YOU FOR YOUR COMMENTS. THAT'S ALL FOR PUBLIC COMMENT.
[CONSENT AGENDA]
ALL RIGHT. OPENING THE CONSENT AGENDA.ALL MATTERS LISTED ARE CONSIDERED TO BE ROUTINE BY THE
[00:05:03]
CITY COUNCIL AND ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. THE DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND SEPARATED.COUNCIL, WOULD ANYONE LIKE TO MOVE ANYTHING FOR DISCUSSION?
IF NOT, I WILL EXPLAIN A MOTION. >> MOVE TO,A PROVE.
>> MOTION FROM PRO TEM, SECOND FROM MS. HAMMONDS.
PLEASE PLACE YOUR VOTE. ITEM DOES PASS 5-0.
[2023-325]
REGULAR AGENDA. 2023-325.CONSIDER THE ACT UPON AN ORDINANCE AUTHORIZING THE ISSUANCE OF SALE OF CITY OF MIDLOTHIAN TEXAS GENERAL OBLIGATION BONDS PROVIDING AN EFFECTIVE DATE AND APPROVING ALL OTHER MATTERS RELATED TO THERETO.
ANN. >> BASICALLY JUST INTRODUCE ANDREW FREEDMAN. HE IS FROM MCCALL PARK HURST.
NO HE'S NOT FROM MCCALL PARKHURST.
SORRY, THE ATTORNEYS. HE IS FROM SAMCO.
HE WILL GO THROUGH THE BIDS. WE DID HAVE BIDS TODAY AND WE DID SELL THE BONDS. JUST TO HEAR THE RESULTS AND GOT A VERY FAVORABLE INTEREST RATE. NOT TO STEAL HIS THUNDER.
>> GOOD EVENING. MAYOR AND COUNCIL, ANDREW FREEDMAN WITH SAM CO. HANDED OUT ON THE DAIS DURING YOUR BREAK THERE, THE BID RESULTS AS WELL AS THE FINAL NUMBERS FOR THE $12 MILLION GENERAL OBLIGATION BONDS.
WE RECEIVED FIVE BIDS. AT 11:00 A.M.
COMING FROM RAYMOND JAMES OF 3.98% TIC.
TRUE INFERENCE CROSS. BEHIND THAT, THE INDIVIDUAL BIDS. RAYMOND JAMES AS YOU TABULATE THE YIELDS AND THE PRICE THEY WERE OFFERING GENERATED THE LOWEST INTEREST RATE IS WHAT WE'RE ENTIRELY CONCERNED WITH.
THE OTHER ATTACHMENT IS FOR THE GENERAL OBLIGATION BONDS.
YOU SEE WILL INSPECT YOUR APPROVAL THIS EVENING, THE FUND WOULD BE DELIVERED ON SEPTEMBER 20TH WITH THE FULL $12 MILLION. RAYMOND JAMES IS PAYING US A PREMIUM OF $594,000. WE ONLY HAVE TO MEASURE $11 MILLION OF BONDS AND STILL RECEIVING 12 MILLION BONDS.
THESE WILL BE AMORTIZED WITH A 10 YEAR CALL AUCTION.
THE INVESTORS IN 2032 WHETHER INTEREST RATES ARE LOWER AT THAT TIME OR YOU HAVE SURPLUS CASH AVAILABLE I WOULD BE ABLE TO RE DEEM THE BONDS FOR INTEREST RATE SAVINGS.
AGAIN RIGHT ALONG WITH OUR PROJECTIONS.
THIS IS JUST UNDER 4%. WE HAVE BEEN RUNNING INTEREST RATES AT 4.375 DURING THE PLANNING PROCESS.
VERY PLEASED WITH THE RESULT AND HAPPY TO ANSWER AND AND ALL QUESTIONS YOU HAVE. THAT IS THE EXTENT OF MY
QUESTIONS FOR ANDREW? >> I WILL ENTERTAIN A MOTION.
>> I APOLOGIZE. WE HAVE SPEAKERS.
THANK YOU ANDREW. >> MS. HEALY.
COME FORWARD AND STATE YOUR NAME AND WHETHER OR NOT YOU LIVE WITHIN THE CITY. YOU WILL HAVE THREE MINUTES.
HI, LISA HEALY, I LIVE WITHIN THE CITY LIMITS.
I'M HERE TO ASK AND THANK YOU FOR THE TIME.
I'M HERE TONIGHT TO ASK YOU TO NOT APPROVE THESE BONDS BY APPROVING THIS BOND, YOU ARE HAND CUFFING YOURSELF TO THE .65 TAX RATE. BECAUSE THAT'S WHAT IT WILL BE REQUIRED IF YOU HAVE THESE BONDS.
SO I ASK THAT YOU NOT APPROVE THE BONDS ESPECIALLY SINCE YOU HAVEN'T EVEN HAD THE PUBLIC HEARING FOR THE BUDGET AND YOU HAVEN'T HAD THE PUBLIC HEARING FOR THE TAX RATE.
I KNOW THERE'S KIND OF RULE OR LAW I THINK ABOUT THE BONDS HAVING TO COME FIRST. BUT I REALLY, WE SHOULD NOT GO INTO MORE DEBT RIGHT NOW IN THIS ECONOMY.
LET US FINISH THE CITY HALL AND PUBLIC SAFETY BUILDING.
[00:10:01]
LET US FINISH THE LIBRARY. A LOT STILL HAS TO TAKE PLACE AND WE DON'T KNOW THAT EVERYTHING IS GOING TO GO SMOOTHLY. PLEASE DO NOT PUT THAT BURDEN ON THE ALREADY OVERBURDENED TAXPAYERS OF MIDLOTHIAN.TAMMY, IS THERE OTHERS? >> ONE MORE.
>> MS. MAYFIELD; IF YOU WILL COME FORWARD AND STATE YOUR
NAME. >> HI, THANK YOU FOR THE TIME THIS EVENING. MY NAME IS STACY MAYFIELD AND I DO LIVE WITHIN THE CITY LIMITS. AND BASICALLIY I AM GOING TO PIGGYBACK ON WHAT LISA HAD TO SAY.
PLEASE DO NOT SELL OUT THIS BOND.
THAT WILL DO NOTHING BUT FORCE YOU TO A $0.65 TAX RATE.
IF 62 AND A HALF IS WHAT YOUR BUDGET NEEDS TO COVER YOUR BUDGET, THEN LET'S GO WITH 62 AND A HALF.
IF Y'ALL DO THIS TONIGHT, THIS IS GOING TO FORCE Y'ALL TO TAKE THE $0.65. THERE'S NOT BEEN ANY PUBLIC HEARINGS ON THIS YET AS FAR AS THE TAX RATE OR BUDGET.
AND I'M JUST ASKING YOU PLEASE, IN THIS ECONOMY, TO PLEASE CONSIDER THE PEOPLE OVER THIS MONEY.
THANK YOU. >> THANK YOU FOR YOUR COMMENTS.
JUST FOR CLARITY. I BELIEVE THESE BONDS ARE THE GENERAL OBLIGATION BONDS THAT WERE VOTER APPROVED IN 2021.
>> YES. COUNCIL, QUESTIONS OF CHRIS, ANN
OR ANDREW? >> CHRIS, CAN YOU CLARIFY ON THE COMMENTS. DO THESE PARTICULAR BONDS SOMEWHAT FORCE A 65 TAX RATE APPROVAL?
>> IS THAT ACCURATE? >> THESE THE PAYMENTS DEFINITELY GO INTO THE CALCULATION TO SET THE OVERALL TAX RATE, BUT KEEP IN MIND, WE WILL TALK THROUGH THE BUDGET PROCESS ABOUT THE POTENTIAL TAX NOTICE. BUT ALL THINGS BEING CONSIDERED, THESE BONDS AND THE BUDGET WOULD ULTIMATELY BE THE $0.65 SET.
>> JUST FOR A LITTLE MORE CLARITY, IF WE APPROVE THESE BONDS, WE CAN HAVE A LOWER TAX RATE.
THESE BONDS WENT PREVENT THAT? >> THAT'S CORRECT.
IF YOU CHOSE NOT TO APPROVE THE ISSUANCE, YOU COULD PREVENT
THAT. >> THIS IS SEPARATE FROM THE TAX NOTE WE DISCUSSED PREVIOUSLY THAT WAS THE GAP BETWEEN THE $0.62 AND $0.65. THAT'S A DIFFERENT BOND PACKAGE
>> >> THAT'S A DIFFERENT ISSUANCE.
>> I JUST WANT TO MAKE SURE WE'RE CLEAR ON THAT ONE.
WITH THAT, I WILL ENTERTAIN A MOTION.
>> I HAD ONE OTHER QUESTION. JUST TO CONFIRM SO I WOULD UNDERSTAND, IF WE WERE TO DROP FROM 65 TO 62 AND A HALF, WHAT WOULD THAT GENERATE AS A HOMESTEAD ON THE SAVINGS PER ENTIRE YEAR? I WILL TAKE THAT AVERAGE
HOMESTEAD AT ABOUT $400,000. >> ONE PENNY ON A $400,000 WOULD BE 40 DOORS. -- $40.
>> MOVE TO ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SALE OF CITY OF MIDLOTHIAN TEXAS GENERAL OBLIGATION BONDS, SERIES
2023. >> MOTION AND SECOND FROM COUNCILMEMBER MOORMAN. THAT DOES PASS 6-0.
[2023-326]
ALL RIGHT. MOVING ON TO ITEM 2023-326.CONSIDER AND ACT UPON A RESOLUTION OF A CANDIDATE NOMINATION FOR THE ELLIS BOARD APPRAISAL DISTRICT.
>> DUE TO THE RESIGNATION FROM JOHN KNIGHT FROM THE ELLIS
[00:15:04]
APPRAISAL BOARD, THEY ARE LOOKING TO FILL THAT.THEY ARE TAKING NOMINATIONS FROM ALL TAXING ENTITIES, THAT ARE IN ELLIS COUNTY. SO, YOU DO HAVE IN FRONT OF YOU OR SHOULD A RESUME FOR JAN DAVIS, WHO WOULD BE SEEKING THAT NOMINATION FROM THE CITY. YOU COULD APPROVE OR NOT APPROVE JAN OR ANY OTHER NAME YOU MIGHT WANT ON THAT BOARD.
KEEP IN MIND BECAUSE THIS IS FILLING A VACATED SEAT, THE BOARD WILL TAKE ALL THE NOMINATIONS FROM ALL COMMUNITIES AND APPOINT A NUMBER TO FILL THE UNEXPIRED TERM.
>> THANKS, CHRIS, I WENT TO THE SCHOOL BOARD MEETING WHERE THEY DID THE LAST THING. NOMINATED JAN DAVIS AND THEY WERE TWO OTHERS, MR. DAVID HURST AND A THIRD THAT I JUST DON'T RECALL HIS NAME OFF THE TOP OF MY HEAD.
WE HAVE THE OPTION, COUNCIL, TO DISCUSS FURTHER IF THERE'S OTHER NAMES YOU WOULD LIKE TO PUT IN THE HAT.
MS. DAVIS PUT IN HER NAME. >> THE SCHOOL DISTRICT GETS SO MANY VOTES TOWARD A PERSON AND WE GET SO MANY VOTES.
WE WOULD BE PUTTING ALL OF OUR WEIGHT BEHIND A PERSON TO BE NOMINATED. YEAH, I'M LOOKING FOR NOMINATION OR RECOMMENDATION. I BELIEVE JAN DAVIS WOULD DO A FANTASTIC JOB. I WILL PUT HER NAME FORWARD TO BE CONSIDERED. IF THERE'S OTHERS WE CAN DISCUSS OR CHOOSE SOMEONE ELSE. IT'S UP TO THE COUNCIL.
>> WAS THIS THE SOLE NAME PUT FORTH UP TO THIS POINT BY THE
COUNCIL? >> SHE WAS THE SOLE APPLICANT.
THE ONLY ONE THAT TURNED IN HER RESUME.
>> OKAY. >> SO, I JUST WANT TO MAKE SURE -- I DIDN'T SEE YOUR HAND. I JUST WANT TO MAKE SURE.
DID THE SCHOOL BOARD PUT THEIR VOTES BEHIND ALL THREE OR
CONSIDERING ANY OF THE THREE? >> THEY SUBMITTED ALL THREE CANDIDATES FOR CONSIDERATION FOR THAT ONE POSITION.
I BELIEVE THE WAY THAT WORKS IS THAT THAT APPRAISAL BOARD WOULD INTERVENE MULTIPLE CANDIDATES. THEN WE'RE NOT HAVING TO WORRY ABOUT POINTS THIS TIME BECAUSE OF THE REAPPOINTMENT.
ARE YOU NEEDING A MOTION OR GIVING DIRECTION?
>> I'M ASKING THE COUNCIL THEIR PREFERENCE ON A CANDIDATE OR IF
JAN DAVIS. >> I THINK JAN IS GREAT.
>> I DON'T PERSONALLY KNOW JAN. DOES ANYBODY OFFICIALLY INTERVIEWED HER OR TALKED TO HER ABOUT THE POSITION OR JUST THE
ONLY APPLICANT? >> SPECIFICALLY ABOUT THIS POSITION, NO. BUT JAN IS THE CHAIR OF OUR B-BOARD AND WE WORKED WITH HER FOR YEARS THROUGHOUT THE VARIOUS
CITY THINGS. >> I TALKED TO HER BEFORE THIS JUST TO MAKE SURE SHE WANTED THIS AND THAT WE WEREN'T JUST MAKING IT UP. I WOULD BE SUPPORTIVE OF JAN.
>> I WILL MAKE A MOTION WHEN YOU'RE READY.
>> FURTHER DISCUSSION. >> YOU HAVE A RESOLUTION IN YOUR PACKET. THIS WOULD BE A RESOLUTION MAKING THE NOMINATION OF JAN DAVIS IF YOU DESIRE.
JAI WILL MAKE A MOTION TO APPROVE THE RESOLUTION TO NOMINATE JAN DAVIS TO THE ELLIS APPRAISAL DISTRICT.
>> MOTION BY COUNCILMEMBER MOORMAN, SECOND BY RODGERS.
[2023-328]
DOES PASS 6-0. >> COUNCIL, I'M GOING TO CHANGE THE ORDER OF THE NEXT TWO PUBLIC HEARINGS.
WE'RE GOING TO HEAR CASE NUMBER 328 FIRST, WHICH IS TO CONTACT A HEARING REGARDING THE ANNUAL OPERATING BUDGETS FOR THE CITY OF MIDLOTHIAN. AND ANN, IF YOU WOULD TO COME FORWARD. I'M SURE WE HAVE PEOPLE SIGNED UP TO SPEAK AFTER THAT. YES MAYOR AND COUNCIL.
THIS IS THE PROPOSED HEARING FOR THE BUDGET.
WE HAVE A PROPOSED TAX RATE OF .65.
THE MNO RATE OR MAINTENANCE AND OPERATION IS 2.39455 AND THE INTEREST OR DEBT PORTION OF THAT IS .324055, THAT WOULD GENERATE 100% COLLECTION RATE. $21,027,074 FOR MNO.
[00:20:09]
$20,633,566 FOR INS. SO WE HAVE ATTACHMENTS HERE.SINCE THE LAST BUDGET WAS PREPARED, THAT YOU SAW IN THE WORKSHOPS, WE DO HAVE SOME CHANGE SHEETS.
WE DO THIS EVERY YEAR. I BELIEVE CHRIS PASSED OUT AN UPDATED ONE FOR THE GENERAL FUND ITSELF.
AND I WILL JUST WALK THROUGH AND OF THE MAJOR CHANGES REALLY QUICKLY. WE DO HAVE THE RED OAK CONTRACT.
THE REVENUE FROM THAT WAS OMITTED FROM THE PREVIOUS VERSIONS. SO IT'S $108,097 COMING IN FROM RED OAK. WE HAVE VARIOUS PERSONNEL ISSUES. I THINK WE MENTIONED THEY WERE ALLOCATIONS THAT NEEDED TO BE MADE AMONG VARIOUS DEPARTMENTS.
SO, THAT IS SHOWN THERE UNDER THE ADJUSTMENTS MADE AFTER PRESENTATION TO THE COUNCIL IN EXPENDITURES SECTION.
THAT'S IN TOTAL, INCLUDING SUPPLEMENT $111,774 NET REDUCTION. WE ALSO HAVE THE TRANSFER FOR THE SENIOR CENTER AND THE CONFERENCE CENTER ADJUSTED.
ALMOST $29,000. WE HAVE PAYMENT TO THE TERS.
ADJUSTED FOR ON$132,037. WE HAD ONE DEPARTMENT WHO DUPLICATED AND REMOVED THAT. WE HAD A RATE REDUCTION ON THE TELEPHONE. I BELIEVE RT SPOKE THAT DURING THE BUDGET WORKSHOP, AND THEN WE ALSO HAD AN ADDITIONAL RATE INCREASE FROM OUR I CALL IT OUR ERP SYSTEM.
BUT IT'S OUR FINANCIAL SYSTEM AND HAVE OTHER AREAS AS WELL.
BUT THAT'S A ONE TIME COST AND FOR THE GENERAL FUND IT'S ONLY $1,400. BUT THAT KIND OF SUMMARIZES THE GENERAL FUND. IF WE GO TO THE UTILITY FUND, IF YOU LOOK IN THE AND THAT PAGE IS BLUE.
GENERAL FUND WAS GREEN. THIS ONE IS BLUE.
YOU HAVE THE PERSONNEL ADJUSTMENTS AGAIN AND UTILITY FUND. THAT FUND ALTOGETHER IS ABOUT $99,000. YOU HAVE A LATE NOTIFICATION THAT WE HAD FROM TRA REGARDING THE JOE POOL LAKE.
THAT WAS ANOTHER $75,000 ADDED IN AND A SMALL INCREASE FROM THE ENCODE SOFTWARE AS WELL. THE SENIOR CENTER, WE DID DO AND PERSONNEL ADJUSTMENTS AND WE MODIFIED THE TRANSFER FROM THE GENERAL FUND FOR THAT AS WELL. ALL THESE OTHER ANCILLARY FUNDS ARE IN PURPLE. THE CONFERENCE CENTER WAS $15,000, ALMOST $16,000 AND MODIFIED THE TRANSFER FROM THE GENERAL FUND. MDA, WE DID HAVE A TRANSFER TO THE CONSTRUCTION FUND ADJUST FUND FOR ALMOST $458,000 ON THAT. THOSE SUMMARIZE THE CHANGES.
AND OF COURSE, WE HAVE A PUBLIC HEARING TAX INCREASE ATTACHED AS WELL. I WILL BE GLAD TO ANSWER QUESTIONS THAT WE MIGHT HAVE ON THE CHANGES.
>> THANK YOU, ANNE. WE DO HAVE PUBLIC SPEAKERS SIGNED UP TO SPEAK. MS. HEALY IF YOU WANT TO COME BACK UP. YOU WILL HAVE THREE MINUTES.
I LIVE WITHIN THE CITY LIMITS. I THINK YOU CAN GUESS WHAT I'M GOING TO REQUEST. PLEASE DO NOT APPROVE THIS BUDGET. IT -- WE SHOULD NOT BE PAYING A TAX RATE OF .65. AT LEAST GET RID OF THE TAX NOTE. DO NOT INCLUDE THAT IN THIS ECONOMY, IT'S A BURDEN AND PLEASE DON'T SPEND PEOPLE'S MONEY COUNCILMEMBER RODGERS, $40 COULD MEAN A LOT TO SOMEONE.
IT'S NOT THE MONEY. IT'S THE ACTION.
WE ARE IN VERY BAD TIMES. AND WE SHOULD BE WORKING AS HARD
[00:25:06]
AS THE PEOPLE WHO LIVE IN THIS CITY.THERE'S A LOT OF PEOPLE WHO CAN'T EVEN DO THE BASICS AND YOU'RE WANTING TO DO EXTRAS. EXTRAS BY GIVING YOURSELF RAISES. GIVING EVERYONE IN THE CITY A 4% MERIT RAISE. PEOPLE AREN'T GETTING RAISES IN JOBS, THE GOOD MAJORITY OF THEM. PLEASE I ASK OF YOU THERE ARE A LOT OF UPDATES MADE SINCE THE LAST WORKSHOP.
IT'S AMAZING TO ME THE NUMBERS ARE CHANGING AT THIS POINT.
PLEASE GO BACK. SHARPEN THOSE PENCILS, AND BRING DOWN THAT TAX RATE. THANK YOU.
>> THANK YOU FOR YOUR COMMENTS. ANY OTHER SIGNED UP TO SPEAK ON THIS CASE? COUNCIL TONIGHT IS JUST A PUBLIC HEARING. WE'RE NOT TO TAKE ACTION.
I WILL ANNOUNCE WE'RE GOING TO TAKE ACTION ON SEPTEMBER 5TH AT A SPECIAL MEETING OF THE CITY COUNCIL AT 6:00 P.M.
AND WE WILL DISCUSS AND VOTE AT THAT TIME ON BOTH TAX RATE AND THE BUDGET. SO UNLESS THERE ARE SPECIFIC QUESTIONS REGARDING ANY OF THESE CHANGES THAT ANNE HAS PRESENTED TONIGHT, I WOULD LIKE TO MOVE ON.
OTHERWISE, YOU CAN GET WITH HER OR CHRIS INDIVIDUALLY AND GET YOUR QUESTIONS ANSWERED. HANNAH COMMENTS?
>> I WANTED CLARIFICATION IF WE HAVE THE FINAL MSD OFFICER OR
ARE WE STILL WAITING? >> THIS NUMBER REFLECTS THE INTERLOCAL AGREEMENT APPROVED BY CITY COUNCIL.
SO WHAT WE DID WAS WE TOOK OUT THE REVENUE BASED ON THE SIX THAT WE WERE TALKING ABOUT FUNDING.
SO THIS REFLECTS ILA THAT THE COUNCIL APPROVED.
AND AT LAST NIGHT'S SCHOOL BOARD, THEY DID APPROVE.
[2023-327]
MOVING ON. 2023-327.CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT ON A ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP RELATING TO THE TEMPORARY ZONING DESIGNATION OF 1150 PLUS OR MINUS ACRES ANNEXED INTO THE CORPORATE LIMITS PURSUANT TO 2004-10 BY CHANGING THE ZONING CLASSIFICATION OF THE 350 PLUS OR MINUS ACRES DESIGNED IN 1 HERE IN TRACK A, AGRICULTURAL ZONING DISTRICT AND BY CHANGING THE CLASSIFICATION OF THE 800 PLUS OR MINUS IN SECTION TWO HERE IN TRACT B TO SINGLE FAMILY, CLYDE ARE YOU
PRESENTING THAT ONE. >> THANK YOU, MAYOR AND COUNCIL.
SO THIS IS A CITY-INITIATED ZONING CASE DISCUSSED BEFORE PLANNING AND ZONING LAST TUESDAY EVENING.
THE HISTORY ON THIS IS THAT WE ARE INITIATING THE CITY IS INITIATING REZONING THE SUBJECT PROPERTY FROM TEMPORARY AG, TO PERMANENT AGRICULTURE AND THAT'S GOING TO BE THE 350 ACRES HERE WITHIN THE PINK AND THEN THE SINGLE FAMILY ON THE 800 ACRES HERE TO THE RIGHT, THE BLUE AREA.
THE ONE IN THE PINK IS OWNED BY SALVATION ARMY AND THIS IS OWNED BY THE LAKES. IT'S OWNED BY THE AGRICULTURAL ZONING. WHEN THE ANNEXATION OCCURRED IN 1999 AND 2004, THEY PROVIDED FOR A TEMPORARY ZONING DESIGNATION.
WHEN THEY CAME BACK, WE DID GO BACK AND ZONE THOSE TEMPORARY AGAIN IN 2016 FOUR AG. WHAT WE'RE TRYING TO DO IS BETTER ALIGN THE PINK TRACT FOR AGRICULTURE, THAT'S ONE DWELLING UNIT PER FOUR ACRES. THE BLUE TRACT FOR SINGLE FAMIL ACRE IN THE AREA. WITH THAT, I WILL ANSWER QUESTIONS PERTAINING TO THIS CASE.
>> HOLD OFF ON THAT. I BELIEVE WE HAVE PUBLIC
SPEAKERS ON THIS ONE AS WELL. >> YEAH.
YOU REPRESENT THE DEVELOPER IN THE CASE.
>> THE PROPERTY OWNER, YES, SIR. >> GO AHEAD AND SHARE YOUR
[00:30:05]
PIECE. YES, SIR, MISTY VENTURA ON BEHALF OF THE PROPERTY OWNER HIGHLAND LAKES.ONE >> THE PROPERTY OWNER DOES OPPOSE THE REZONING. IT'S A MISNOMER TO SAY IT'S A REZONING, AFTER ANNEXATION, THE PROPERTY WAS NEVER ZONED WITHIN STATE LAW. I BELIEVE COUNCIL IS AWARE THE PROPERTY HAS VESTED RIGHTS AND HAS THREE DIFFERENT RIGHTS OF VESTED RIGHTS PURSUANT TO CODE 43002 PREANNEXATION VESTED RIGHTS TO CONTINUE TO USE THE LAND IN THE MANNER UPON ANNEXATION AND HAS PLAN FOR DEVELOPMENT PURSUANT TO 245 OF THE GOVERNMENT CODE AND THERE'S A PRELIMINARY PLAT THAT APPROVED PRELIMINARY PLAT INCLUDED A SITE PLAN FOR AN AMENITY CENTER.
ALL VESTED RIGHTS ARE IN THE PLAN FOR THE PROPERTY AND WE RESPECTFULLY REQUEST AS A PRO-PROPERTY RIGHTS COMMUNITY TO ZONE THE PROPERTY CONSISTENT WITH THE PROPERTIES VESTED RIGHTS TO THE EXTENT YOU CHOOSE NOT TO ZONE THE PROPERTY CONSISTENT WITH THE PROPERTY'S VESTED RIGHTS, YOU ARE CHOOSING TO CAUSE THE PROPERTY TO HAVE A LEGAL NONCONFORMING USE.
LEGAL BECAUSE THE PROPERTY HAS VESTED RIGHTS.
NONCONFORMING BECAUSE YOU'RE ELECTING TO ZONE IT INCONSISTENT WITH THOSE VESTED RIGHTS, AND AS A POINT OF INFORMATION.
INCONSISTENT WITH YOUR OWN COMPREHENSIVE PLAN.
THE CONSEQUENCE OF NONCONFORMING VESTED RIGHTS IS IT PUTS THE PROPERTY OWNER IN A POSITION FOR A CLAIM FOR REGULATORY TAKING COULD BE MAKE AND RESPECTFULLY REQUEST THE PROPERTY BE ZONED FOR THE VESTED RIGHTS. I'M AVAILABLE TO ANSWER QUESTIONS FOR THE EXTENT THE COMMUNITY HAS ANY.
>> DAN ALTMAN. COME FORWARD AND STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS.
>> THANK YOU, COUNCIL. DAN ALTMAN, 474 LILLY COURT.
I DO LIVE IN THE CITY LIMITS. I'M SPEAKING TODAY AS A PRIVATE CITIZEN, AND WHAT I WANT TO SAY, I LIVE WITH MY FAMILY IN THIS TOWN FOR 25 YEARS, AND ONE OF THE THINGS THAT DREW US TO THE TOWN IS THE CHARACTER OF THE TOWN.
THIS TOWN HAS ALREADY WORKED HARD TO PRESERVE THAT.
I WANT TO POINT OUT OVER THE DECADES, WE HAVE BEEN IN THE COMMUNITY, WE HAVE BEEN BLESSED BY LEADERSHIP ON CITY COUNCIL THAT HAS SEEN THE VALUE AND HAD THE FORESIGHT TO PLAN AHEAD AND ANTICIPATE THE CONSEQUENCES OF THEIR DECISIONS.
I UNDERSTAND YOU WILL MAKE A DECISION ON THE TOTALITY OF CIRCUMSTANCES. ONE IS THE GENERAL WELFARE OF THE CITY. THE GENERAL WELFARE OF THE CITY INCLUDES PRESERVING THE RURAL CHARACTER OF THIS TOWN.
GREEN SPACES ARE IMPORTANT. WE LIVE IN A GREEN SPACE.
WE HAVE 20 ACRES ALONG 14TH STREET.
THAT'S ONE OF LAST STRETCHES AS YOU LEAVE TOWN AND YOU'RE DRIVING TO EVENTUALLY 14TH STREET WILL PUNCH THROUGH THIS PART OF TOWN WHEN THE BRIDGE IS BUILT.
WHEN PEOPLE DRIVE BY GREEN SPACES IT CALMS THEM.
IF YOU DON'T PRESERVE THE AREAS, YOU SEE THE DIFFERENCE IN URBAN AREAS WITHOUT GREEN SPACES AND PART OF WHAT WE NEED TO DO AND PLAN AS A CITY IS MAKE SURE WE PRESERVE THE GREEN SPACES.
I UNDERSTAND YOU'RE GOING TO MAKE A DECISION BASED ON ALL CIRCUMSTANCES. CONSIDER THE IMPORTANCE OF PLACES LIKE THE SALVATION ARMY CAMP THAT PROVIDE THAT OUTLET FOR MANY PEOPLE IN THE COMMUNITY AND PROVIDE THAT FOR OTHER RESIDENTS. THE COMPARATIVE ZONING IS AGRICULTURE. THAT IS THE PROPER ZONING CONSISTENT WITH THE HISTORICAL USE OF THE PROPERTY THAT WE HAVE SEEN OVER 25 YEARS IN BOTH OF THESE AREAS.
IT'S CONSISTENT WITH THE INTENT OF WHAT THE CITY WOULD LIKE TO SEE. THE UNDERLYING INTENT ON WHAT THE PEOPLE WANT I HAVE SEEN OVER THE YEARS IN THE CITY.
WE WANT TO ASK YOU TO WORK HARD TO PRESERVE THE AGRICULTURAL USE AND THE AGRICULTURAL USES IN THE CITY.
>> THANK YOU FOR YOUR COMMENTS. TAMMY ARE THERE OTHERS?
>> MR. FERGUSON. STATE YOUR NAME AND WHETHER OR
NOT YOU LIVE IN THE CITY LIMITS. >> PAUL FERGUSON, I LIVE JUST OUTSIDE THE CITY LIMITS. I COULD THROW A ZONE AND IT COULD LIVE ON THE PROPERTY. MAYOR, COUNCIL THANK YOU FOR THE OPPORTUNITY TO SPEAK. IT IS REALLY DIFFICULT TO FOLLOW THAT GENTLEMEN. YOU SUMMED IT UP IN A SPECTACULAR MANNER. YOU KNOW IT'S AN EXAMPLE OF DOMINOS FALLING. IT'S EASY TO SAY WE NEED HOUSES.
ONE MORE DEVELOPMENT AND ADDITIONAL TAX REVENUE.
THAT'S A BONUS. IT'S AN EXAMPLE OF DOMINOS FALLING AND NEXT THING YOU KNOW, THERE'S NO MORE GREEN SPACE OR
[00:35:04]
RURAL CHARACTERISTICS OF THE COMMUNITY WHICH IS WHY PEOPLE ARE HERE. I UNDERSTAND THERE'S A MOMENTUM TO THIS. I TALKED TO BRIAN HARRIS AND THE TEXAS ENVIRONMENTAL COMMISSION. I UNDERSTAND THERE'S A MOMENTUM BEHIND THIS. THERE'S INEFIT ABILITY.THERE'S A LOT OF TOTALITY TO THE CIRCUMSTANCES.
JUST BE MINDFUL OF THE GREEN SPACE AND BY THE WAY, DAILY LIVING. IT SIGNS LIKE THE MUD PROCESS MIGHT BE INHERENTLY BIASSED AS A DEVELOPER AND GOING TO PUT THAT MONEY BACK ON THE TAXPAYERS TO REIMBURSE THE DEVELOPER.
IT SOUNDS LIKE THE INFRASTRUCTURE REQUIREMENTS ARE A LOW BAR TO GET OVER. IF YOU WANT THIS WELL, WHITE SANDS, BEACHES AND LAKES. IF YOU'RE TRYING TO BE PLANO OR DALLAS OR ALLEN, MOVE THERE. DON'T DO THAT HERE.
IF YOU WANT TO BE THAT, MOVE THERE.
THAT DOESN'T FIT THE MODEL HERE. OKAY.
SO, PLEASE WORK FOR THE BENEFIT OF THE COMMUNITY.
AND UNDERSTAND FOR THOSE OF US THAT LIVE, DRIVE TO WORK, THE INFRASTRUCTURE IS NOT READY FOR THIS.
AND SO I WOULD ASK AND MAYBE I MISSED IT, TRANSPARENCY.
I HAVEN'T SEEN A TRAFFIC ANALYSIS.
I HAVEN'T SEE AN INFRASTRUCTURE DEVELOPMENT PLAN.
HOW THAT'S GOING TO BE FUNDED. WHAT THE SCHEDULE IS, THERE NEEDS TO BE A TRANSPARENCY TO THE COMMUNITY OF HOW.
HOW ARE WE GOING TO DO THIS. THANK YOU VERY MUCH.
AND APPRECIATE WHAT YOU ALL DO. >> THANK YOU FOR YOUR COMMENTS, SIR. TAMMY IS THERE OTHER SPEAKERS?
>> MR. BAGGERS. STATE YOUR NAME.
>> YES, SIR. MAYOR AND COUNCIL, I AM ED VIGERS, I LIVE IN DALLAS TEXAS AND HERE ON BEHALF OF SALVATION ARMY OWNER OF TRACT 8. JIMMY PARISH WITH THE SALVATION ARMY IS HERE IN SUPPORT THIS. JUST HAD A FEW COMMENTS REGARDING THE ANNEXATION OR THE ZONING OF THIS PREVIOUSLY ANNEXED PROPERTY. THE PINK IS THE SALVATION ARMY.
THE CLOSEST USE AS FAR AS ZONING IS AGRICULTURAL.
AS EVERYBODY KNOWS, THIS IS A CAMP AND LOTS OF OPEN GREEN SPACE. THEY DO GRAZING.
THERE'S CATTLE, HORSES AND THINGS LIKE THAT.
WE BELIEVE THAT WOULD BE THE APPROPRIATE ZONING WOULD BE AGRICULTURE. JUST TO THE EAST OF BACCUM ROAD, SALVATION ARMY DOESN'T OWN THAT PROPERTY.
IN 2016 WE SOLD THAT PROPERTY TO NOT HIGHLAND LAKES BUT THEIR PREDECESSOR AND THERE WAS A RESTRICTIVE COVENANT AGREEMENT THAT'S APPROXIMATELY 220 ACRES AND GENERALLY RUNS RIGHT ALONG THE EAST SIDE OF BACCUM ROAD AND IT'S ABOUT MORE OR LESS A THOUSAND FEET OUT. AND THAT'S NOT IN THE CITY LIMITS. IT GOES ALL THE WAY DOWN.
YOU CAN SEE IT IN THE BOTTOM OF THE MAP.
THE TARRANT WATER DISTRICT DOWN THERE.
RUNS FURTHER THAN THAT. REGARDLESS, INSIDE THE CITY LIMITS, THERE IS THIS RESTRICTED AREA AND THAT RESTRICTED AREA ONLY ALLOWS AGRICULTURE USE IN THAT LITTLE RESTRICTED ZONE.
SO WE WOULD WANT THAT LITTLE STRIP TO ALSO BE ZONED AGRICULTURE BECAUSE THAT IS THE ONLY USE THAT CAN BE DONE WITH THAT PROPERTY. IT WOULD BE IN CONFORMITY WITH WHAT CAN BE DONE AS WELL AS ALTHOUGH I UNDERSTAND YOU KNOW, JUST BECAUSE IT'S ZONED SOMETHING DOESN'T MEAN YOU CAN USE IT WITH RESTRICTIVE COVENANTS, SETS A CLEAR NOTICE THAT AREA EAST OF BACCUM ROAD IS WHERE THE SALVATION ARMY WANTS TO MAINTAIN THE RESTRICT OF COVENANT AREA.
THANK YOU. >> THANK YOU FOR YOUR COMMENTS.
TAMMY, ARE THERE OTHERS? >> MR. POTTER.
STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS.
>> GOOD EVENING. NATHAN POTTER.
I DO NOT LIVE IN THE CITY BUT LIVE RIGHT ACROSS THE STREET FROM THE CAMP. SO I'M HERE TONIGHT TO TALK ABOUT THIS MATTER. I HAVE LIVED IN MIDLOTHIAN 36 YEARS. IN 1987.
IT WAS 4500 PEOPLE IN MIDLOTHIAN.
LIKE HAS BEEN SHARED TONIGHT, MY FAMILY MOVED TO MIDLOTHIAN FOR
[00:40:02]
THE RURAL COUNTRY ATMOSPHERE. WE LIVED IN DALLAS AND WANTED TO GET OUT OF THAT. WE LIVE HERE AND ENJOY THAT.I TAG ON TO WHAT THE GENTLEMEN SAID ABOUT THE CAMP.
THEY HAVE BEEN A GREAT NEIGHBOR OF OURS AND GREAT PEOPLE.
THE PROPERTY IS AGRICULTURALLY USED.
I THINK WE PROBABLY REFERRING TO THE TRACT, THE BLUE TRACT B, I'M GLAD TO HEAR TRACT A WILL STAY AGRICULTURE.
FROM TEMPORARY TO PERMANENT, TRACT B, I GUESS WE KNOW THAT PROPERTY AROUND MIDLOTHIAN IS RAPIDLY DEVELOPING.
WE KNOW THAT'S GOING TO HAPPEN. YOU KNOW, I THINK THE SIZE OF THAT DEVELOPMENT 3000 ACRES. IT WAS GOOD TO HEAR ABOUT THE DENSITY ON ONE OF THOSE BUT I THINK THE LARGER, WHAT WE DON'T WANT IS ANOTHER SUBDIVISION. WE KNOW IT'S PROBABLY GOING TO HAPPEN. I THINK WHAT WE DON'T WANT IS QUARTER ACRE LOTS AND A TON OF HOUSES.
LIKE HAS BEEN MENTIONED BEFORE. I HAVE NOT SEEN A TRAFFIC STUDY.
I THINK WILL HAVE MAJOR I IMPLICATIONS TO TRAFFIC.
IT'S IN THE CITY LIMITS. PART OF IT IS AND PART IS NOT.
I THINK ABOUT THE CRIME ISSUES THAT WILL BRING TO THE AREA AND TO TOWN. AND SO IF IT'S OUT OF CITY LIMITS AND THERE'S CRIME ISSUES, AND THERE'S A CRIME BREEDING GROUND, WHAT IS THAT GOING TO DO TO THE QUALITY OF LIFE FOR THOSE OF US ON THE SOUTH SIDE? I WOULD LIKE FOR YOU TO CONSIDER THAT. SO, THAT REALLY IS MY POINT.
IT'S JUST THINK ABOUT THE CHARACTERISTICS OF WHY PEOPLE MOVE TO MIDLOTHIAN THAT HAS BEEN EXPRESSED TONIGHT.
WE WANT IT TO STAY THAT WAY. WE WANT TO CONTROL THE GROWTH.
AND WE KNOW THAT THERE'S GOING TO BE AREAS THAT WILL DEVELOP.
WE WANT YOU TO BE MINDFUL AND TAKE A LONG-TERM APPROACH IN WHAT IS APPROVED AND ZONED SO WE CAN CONTINUE TO ENJOY THE LIFESTYLE THAT WE DO AND NOT TURN INTO A FRISCO OR PLANO OR WHAT NOTE. WE ASK FOR YOUR ATTENTION.
>> TAMMY ANY OTHERS THAT SIGNED UP TO SPEAKER?
>> COUNCIL, I'M GOING TO CALL US TO EXECUTIVE SESSION.
>> I WANT TO APOLOGIZE. WE WILL TAKE A MOTION TO CLOSE
THE PUBLIC HEARING. >> TAKE A MOTION TO CLOSE
PUBLIC HEARING. >> MOTION BY PRO TEM, SECONDED
[EXECUTIVE SESSION]
BY GARDNER. PUBLIC HEARING CLOSES 6-0.COUNCIL, I WILL CALL US TO EXECUTIVE SECTION PURSUANT TO 551.071. LEGAL CONSULTATION WITH CITY ATTORNEY. THE CITY COUNCIL WILL CONVENE TO EXECUTIVE SESSIONS PURSUANT TO TEXAS CODE.
ANY AND ALL ACTION WILL BE TAKEN IN REGULAR OPEN SECTION.
SECTION 5551.71. FOR ITEM 2023-THREE 27.
AT 6:43
* This transcript was compiled from uncorrected Closed Captioning.