Mar 26, 2024 City Council

[Call to Order, Pledges, and Invocation]

[00:00:08]

HAS RECONVENED FROM EXECUTIVE SESSION WHERE WE DISCUSSED ITEM 551-5071 , WHICH WAS LEGAL CONNOTATION OF STATE ATTORNEY REGARDING PROVISION OF SERVICES . THERE IS NO ACTION TO BE TAKEN ON THAT ITEM THIS EVENING. WITH THAT WE WILL OPEN THIS PORTION , THE NEXT PORTION OF TONIGHT'S CITY COUNCIL MEETING WITH INVITATION AND PLEDGES WHICH WILL BE LED BY

COUNCILWOMAN ANNA HAMMONS. >> ALL THAT, LET'S PLAY.

FATHER GOD, WE LOVE YOU IN A WEEK WHERE WE ARE FOCUSING ON YOU AND WHAT YOU'VE DONE FOR US. LORD, I JUST THANK YOU FOR BRINGING OUR COMMUNITY TOGETHER AND THOSE THAT WERE HERE TO SERVE, LORD I PRAY YOU ARE WITH US DURING OUR CONVERSATIONS TONIGHT, THAT YOU BRING UNITY TO OUR CONVERSATIONS AND JUST GIVE US THE WISDOM ON OUR DECISIONS, LORD. WE LOVE YOU AND PRAY ALL THESE THINGS IN YOUR SON'S NAME, AMEN.

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

ALL. >> HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE

AND INDIVISIBLE. >> THANK YOU, MRS. HAMMONS.

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FIRST OF ALL, THANK YOU ALL FOR PARTICIPATING AND ENGAGING IN THIS BID I WANT TO ENCOURAGE ALL THE CHURCHES AND CIVIC ORGANIZATIONS THROUGHOUT OUR COMMUNITY TO ALSO ENGAGE IN THIS KINDNESS AWARENESS . WHERE IS THE CITY OF MIDLOTHIAN RECOGNIZES HOW ACTIVE KINDNESS CAN POSITIVELY IMPACT THE PERSON OFFERING KINDNESS, THE PERSON RECEIVING THE ACTIVE KINDNESS AND THOSE WITNESSING THE MALAISE KIND INDIVIDUALS CAN CREATE A MORE CARING IMMUNITY AND HELP ENCOURAGE A COMPASSIONATE RESPONSE IN STRESSFUL SITUATIONS, AND WHEREAS A COMMUNITYWIDE KINDNESS INITIATIVE WILL INVITE PEOPLE OF ALL AGES TO TAKE ADVANTAGE OF TOOLS, RESOURCES, AND ACTIVITIES THAT PROMOTE KINDNESS, WHEREAS THE KINDNESS ECLIPSES ALL PROGRAM WILL SHINE BRIGHT LIGHT ON THE IMPORTANCE OF MAKING KINDNESS A GO TO BEHAVIOR IN OUR HOMES, SCHOOLS, BUSINESSES, AND THROUGHOUT OUR COMMITTEE. ON BEHALF OF THE CITY COUNCIL, I, JUSTIN KAUFMAN, THE MAYOR OF THE CITY OF MIDLOTHIAN DUKE DECLARE THE MONTH OF APRIL AS COMMUNITY KINDNESS MONTH , AND I ENCOURAGE ALL CITIZENS IN OUR COMMUNITY TO TAKE PART IN KINDNESS ECLIPSES ALL ACTIVITIES WHICH FOCUSES ON SIMPLE WAYS TO BE KIND EVERYDAY.

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>> I WILL JUST VERY BRIEFLY INTRODUCE CAMERON ERIN, HE IS GOING TO DO THE PRESENTATION OF THE AUDIT RESULTS FOR YOU.

>> THINK YOU ALL FOR CHOOSING PATTILLO, BROWN, & HILL, LLP AGAIN FOR YOUR AUDITORS . I WOULD LIKE TO THANK THE FINANCE TEAM AS WELL AS CITY COUNCIL . I KNOW WE ASK A LOT OF QUESTIONS, WE ASK FOR 1 MILLION ITEMS. WE HAVE TO LOOK OUT AND TEST THINGS AND 90% OF OUR JOB IS JUST GETTING THOSE QUESTIONS ANSWERED, AND GETTING THOSE DOCUMENTS, SO WE WOULDN'T BE HERE TONIGHT WITHOUT EVERYONE WORKING TOGETHER ON THIS TO GET THIS FINISHED. IN FRONT OF YOU, YOU SHOULD HAVE THREE ITEMS . THE BIG PACKET IS THE FINANCIAL STATEMENT. ONE HAS OUR OPINION LETTER OVER THOSE FINANCIAL STATEMENTS, BUT IS A SEPARATE SINGLE AUDIT REPORT WHICH THE CITY DOESN'T NORMALLY HAVE, AND I WILL GET INTO THAT SHORTLY OVER WHAT THAT IS. AND THEN THERE IS A SEPARATE LETTER , COMMUNICATION LETTER THAT WE HAVE GOT THAT WE ARE REQUIRED TO ISSUE THIS EITHER IN AN ORAL FORM OR WRITTEN FORM THAT TALKS ABOUT OUR RESPONSIBILITIES AS AUDITORS, ETHICS, INDEPENDENT STANDARDS THAT HAVE TO BE MET, AS WELL . BUT, IF THERE WAS ANY DISAGREEMENTS WITH MANAGEMENT , STUFF LIKE THAT WOULD BE IN THAT LETTER. BUT, THERE WAS NONE. I WOULD LIKE TO JUMP INTO PAGE ONE OF THE FINANCIAL STATEMENTS , WHICH HAS OUR AUDITORS REPORT. IT SAYS IN THE SECOND PARAGRAPH IN OUR OPINION, THE FINANCIAL STATEMENTS REFERRED TO THE GOVERNMENTAL, THE GOVERNMENTAL ACTIVITIES , BUSINESS TYPE ACTIVITIES , THE CITY HAS AS OF THE YEAR END SEPTEMBER 2023 PRESENT FAIRLY IN ALL MATERIAL RESPECTS. THAT MEANS WE ARE GIVING AN UNMODIFIED OPINION ON THE FINANCIAL STATEMENTS, WHICH ARE THE CLEANEST OPINION THAT WE CAN PROVIDE. BUT, THEY ARE FREE OF ANY MATERIAL MISSTATEMENT. GOING FURTHER, I WOULD LIKE TO COVER THE GOVERNMENTAL FUND FINANCIAL STATEMENTS STARTING ON -- IT'S A PRETTY THICK REPORT.

PAGE 17. PAGE 19. OF THE BALANCE SHEET. THIS SHOWS YOUR MAJOR FUNDS , YOUR GENERAL FUND, YOUR DEBT SERVICE FUND, CAPITAL PROJECTS. THESE ARE THINGS YOU BUDGET FOR THROUGHOUT THE YEAR, AND THESE WERE THE ONLY THREE MAJOR FUNDS IN THE NONMAJOR GOVERNMENTAL FUNDS THAT YOU WILL HAVE SHOWN IN THE AGGREGATE ON THIS PAGE, BUT THEY ARE BROKEN OUT IN THE BACK OF THE FINANCIAL STATEMENTS. WE JUST HAVE TO SHOW THEM AS THESE ARE THE MAJOR COMPONENTS FOR THE CITY THIS YEAR. THE NEXT PAGE, 21 , IS BASICALLY YOUR INCOME STATEMENT, THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE. I THINK THIS IS THE MAJOR THING THAT PEOPLE LOOK AT , ESPECIALLY THE GENERAL FUND. IF YOU LOOK AT FUND BALANCE, IN THE GENERAL FUND, THAT IS JUST OVER 34 MILLION , AND IT WENT UP FROM THE PREVIOUS YEAR OF ABOUT $3.3 MILLION , AND WE USUALLY COMPARE THOSE TO THE EXPENDITURES FOR THE YEAR. WHAT A HEALTHY FUND BALANCE IS IS ENOUGH TO COVER SUMMER BETWEEN FOUR AND SIX MONTHS, SO, THAT'S EXACTLY WHERE THE CITY IS RANGING RIGHT NOW, SO THAT'S A HEALTHY FUND BALANCE. OTHER THAN THAT, I WOULD LIKE TO GO AHEAD AND SKIP OVER TO THE SINGLE AUDIT REPORT . IT HAS GOT WHAT WE HAD TO DO THIS YEAR AS WENDY CINDY EXPENSE MORE THAN $750,000 IN FEDERAL REWARDS. IT TRIGGERS WHAT WE CALL A SINGLE AUDIT, WHICH ESSENTIALLY IS A DOUBLE AUDIT ON TOP OF THE FINANCIAL STATEMENTS. WHAT WE HAVE TO DO IS WE HAVE TO GO AND SELECT PROGRAMS . THE CITY ONLY HAD TWO FEDERAL PROGRAMS THIS YEAR. ONE WAS FOR ARPA , AND THE ARPA ONE WAS $7.6 MILLION, SO WE HAD TO GO IN AND DO MORE

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>> LET'S NOT. COUNSEL, DO YOU HAVE ANY QUESTIONS OF THE GENTLEMEN? DOESN'T REQUIRE ACTION. IT IS INFORMATION ALONE. NO QUESTIONS, THANK YOU FOR YOUR SERVICE AND THANK YOU

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FOR BRINGING THIS REPORT. >> ALL RIGHT, THANK YOU ALL.

>> OPENING ITEM 2024 -100 05. WE WILL GO AROUND . ALAN AND ED BOTH SITTING ON THE UTILITY SUBCOMMITTEE, DO YOU HAVE

ANYTHING TO REPORT ON? >> WELL, THREE OF THE ITEMS ARE ACTUALLY ON THE AGENDA FOR TONIGHT THAT WE DISCUSSED PREVIOUSLY. ASIDE FROM THAT, THE LAST MEETING THE ONLY THING BESIDES THOSE THREE ITEMS THAT WE COVERED WAS JUST PROGRESS ON THE WATER TOWER UNDER DEVELOPMENT FOR OUT IN THE REAL PORT AREA. OTHER THAN THAT, IT WILL BE ON THE AGENDA

FOR TONIGHT. >> THANK YOU. MIKE , DO YOU

HAVE ANY COMMENTS? >> NO MAJOR CHANGES. LORD CONTINUES TO DO AN OUTSTANDING JOB IF ANYONE EVER HAS ANY QUESTIONS. I OF COURSE ATTEND ALL THOSE MEETINGS. WE HAVE A WONDERFUL PLANNING AND ZONING -- RIGHT NOW DOING A GREAT JOB.

THE BEST THING THAT HAS HAPPENED IS THE FINALIZATION OF THEIR STRATEGIC PLAN, SO THAT WAS YESTERDAY. THEY HAD A BOARD WORKSHOP AND RETREAT WHERE THEY DID SWAT ANALYSIS, TALKED ABOUT THEIR PLANS, DID SOME TEAM BUILDING AND FED SOME LONGHORNS. IT'S A BIG DEAL. AND THEN OF COURSE WE HAVE A WORKSHOP WITH THEM TONIGHT. SO, THEY ARE DOING

GREAT. >> LIAISON FOR THE ECONOMIC DEVELOPMENT BOARD, THERE WAS SUPERPOWER WHO HOSTED A GROUNDBREAKING CEREMONY MARCH 7TH. IS THE FACILITY YOU GUYS WILL RECALL. THEY ARE FOCUSED ON THEIR FIVE-YEAR FOCUS , STRATEGIC PLAN, WITH COMMUNITY ENGAGEMENT . HEALTH ITS COMMUNITY OUTREACH MEETING ON FEBRUARY 1ST. SEVERAL COMMUNITY MEMBERS SHOWING UP TO LEARN MORE ABOUT WHAT THEY DO AND THEIR DIFFERENT PROJECTS, AND THEN ALSO THEY ARE FOCUSED ON TECHNICAL EDUCATION. ON FEBRUARY 16TH, MET WITH INDUSTRIAL EMPLOYERS TO DISCUSS THE NEEDS AND DEMANDS OF THE LOCAL TRAINING CENTER. REALLY THIS SEEMS LIKE IT'S A PRIMARY FOCUS FOR SOME OF OUR BIG JOB SUPPLIERS IN THE COMMUNITY WHO ARE TALENTED AND SKILLED, SO LOOKING FOR WAYS TO ACTIVELY

BRIDGE THAT GAP. >> IT LOOKS LIKE THE -- CAME IN AND THEY'RE WORKING ON SCHEDULING TO GET THAT PUT IN.

ACTUALLY JUST TRYING TO FIND ABOUT 4000 OPERATIONS IN MARCH, AND NEXT WEEK WE WILL HAVE THE PACK MEAT FOR THE MASTER PLAN FOR THE AIRPORT, SO WE ARE JUST TRYING TO GET THAT MASTER PLAN WRAPPED UP SO WE CAN GET IT BACK TO BOTH

COUNCILS. >> LAST BUT NOT LEAST, --?

>> NOT REALLY. HEATHER IS OUR DIRECTOR. SHE DOES A WONDERFUL JOB KEEPING US UP-TO-DATE ON THE WHEREWITHAL OF THE PARKS. I WILL CONTINUE TO LET HER DO THAT. MICHAEL RICK, THANK YOU.

I WILL MAKE THE COMMENT THAT I APPRECIATE ALL THE COUNSEL ENGAGING IN YOUR VARIOUS LIAISON POSITIONS READ I THINK

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POINTS FOR US. >> I APOLOGIZE, I DID NOT KNOW YOUR NAME. GOOD TO MEET YOU. MY NAME IS DARREN BURKART ALONG WITH CHRIS BENSON, WE ARE THE COMMERCIAL MOTOR VEHICLE ENFORCEMENT OFFICERS IN THE CITY, D.O.T. INSPECTIONS.

THANKS TO ARCHIE FOR GIVING US PERMISSION TO HAD CHALLENGE COINS MADE AND IF YOU ARE NOT AWARE OF WHAT A CHALLENGE GOING IS, IN THE POLICE AND FIRE SERVICE, IT IS TO SHOW OUR DUTY AND HONOR AND COURAGE. IT IS AN UNBREAKABLE BOND WE SHARE ACROSS UNITED STATES AND ALSO ACROSS THE WORLD. TO BEGINNING A CHALLENGE GOING FROM SOMEBODY IS A BIG APPRECIATION, AND FOR US, WE WANT TO GIVE YOU ALL A CHALLENGE COIN BECAUSE WE APPRECIATE YOU BECAUSE WITHOUT YOU, WE WOULDN'T HAVE THE BACKING TO HAVE OUR POSITIONS AS D.O.T. OFFICERS, IT MEANS A LOT TO US THAT YOU GUYS SUPPORT US, SO IT'S A SMALL TOKEN OF OUR APPRECIATION. ON IT HAS A PICTURE OF A CEMENT TRUCK, WHICH I WONDER WHY BECAUSE WHERE THE CEMENT CAPITAL OF TEXAS, AND THEN OF COURSE IT HAS OUR UNIT, COMMERCIAL MOTOR VEHICLE UNIT, SO WE WANT TO SAY THANK YOU VERY MUCH FOR

YOUR SUPPORT. >> THANK YOU VERY MUCH.

APPRECIATE YOU GUYS AND YOUR HARD WORK AND THANK YOU TO THE CHIEF TO HELPING US LEAD THIS ORGANIZATION. WE ARE ONE OF THE TOP 50 SAFEST CITIES IN THE STATE OF TEXAS SO WE ARE PROUD OF OUR POLICE DEPARTMENT. KEEP UP THE GOOD WORK, GUYS.

>> I WILL GO FROM MY LEFT TO RIGHT. ANY QUESTIONS?

>> I WAS GOING TO GIVE A SHOUT OUT TO THE MIDLOTHIAN AMATEUR BASEBALL ASSOCIATION. MY SON IS PLAYING THIS SEASON AND I WAS THERE A COUPLE WEEKS AGO FOR THE OPENING CEREMONIES AND OPENING WEEKEND THERE, AT COMMUNITY PARK, AND I WAS JUST REALLY IMPRESSED BY THE LEVEL OF ORGANIZATION, THE LEVEL OF FUN EVERYBODY WAS HAVING. THEY HAD ALL KINDS OF GAMES COME AND GONE, THEY HAD VENDORS THERE, ACTUALLY HAD OTHER SPORTS ASSOCIATION PARTNERS THERE. IN PARTNERSHIP WITH THEM AS WELL.

JUST ALL KINDS OF COOL STUFF. EVERYBODY LOOKED LIKE THEY WERE HAVING A GOOD TIME SO WE REALLY APPRECIATE, OR I REALLY APPRECIATE THAT ORGANIZATION , AND ALL THE FOLKS INVOLVED IN PUTTING ON THAT SEASON, OR THIS UPCOMING SEASON AND THAT INITIAL EVENT. SO, THANK YOU TO ALL THOSE WHO ARE A PART OF

THAT . >> I JUST MENTIONED MY PRAYERS AND CONDOLENCES AND I KNOW THIS COUNCIL AND CITY AS A WHOLE TO THE PERRY FAMILY WHOM WE LOST COUNTY COMMISSIONER PRECINCT 3 HALL. WITHIN THE LAST MONTH OR SO. OUR MAYOR THERE HAS DONE A GREAT JOB RECOGNIZING HIM WITH HIS LOVELY WIFE HERE ON A RECENT OCCASION , I DON'T KNOW IF PAUL WERE HERE TODAY HE WOULD REMIND US THAT WE ARE IN ELECTION SEASON AND AS WE LOOK AROUND AND SEE OUR ELECTION SIGNS, IT'S GOOD TO SEE OUR REPUBLICAN ACTION , AND I DISCOURAGE EVERYONE HERE, AND I KNOW PAUL WOULD, TO GET OUT AND VOTE. AND TO ENCOURAGE YOUR CANDIDATES AND BE A PART OF THAT CONVERSATION.

>> MY INTEREST HAS BEEN RECENTLY -- AND I THOUGHT MIKE WAS GOING TO TAKE THIS -- BUT THE RODEO, THE FFA KIDS. OH, MY GOODNESS. THIS IS MY FIRST YEAR TO BE SOMEWHAT LINKED TO SOMEONE IN FFA . I HAD NO IDEA. IT WAS SUCH A BIG DEAL . I LOOKED LIKE A ROOKIE SHOWING UP IN FLIP-FLOPS. I MEAN, IT'S A HUGE DEAL, IT'S GOING ON NOW. THE RODEO SIDE OF IT. IT IS REALLY IMPRESSIVE, THESE YOUNG TEENS AND KIDS OUT THERE MANAGING THESE BOWLS, IT'S REALLY NEAT.

>> IT IS FUNDAMENTAL TO WHO WE ARE AS A COMMUNITY.

>> THANK YOU FOR BRINGING THAT UP AND I'M GOING TO PIGGYBACK ON THAT BECAUSE I'M GOING TO GET BEAT UP HOW THEY SAY ON THE STREET. I DO WANT TO ENCOURAGE OUR INDUSTRY IF THEY ARE

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IF YOU ARE HERE WITH INDUSTRY, IF YOU ARE WATCHING INDUSTRY OUT THERE IN TV LAND, WE WOULD LOVE TO SEE YOU ON SATURDAY WHEN THEY HAVE THE AUCTION AND ALL THOSE KIDS SELL THEIR ANIMALS TO MAKE MONEY TO GO TO COLLEGE. IT WOULD BE A GREAT OPPORTUNITY TO GET OUT AND SUPPORT YOUR COMMUNITY. IF YOU HAVE TIME EVEN TO GO TO THE EXPO THIS WEEK, THEY HAVE ALL TYPES OF ACTIVITIES ONGOING. EACH NIGHT IS A DIFFERENT ANIMAL. IT REALLY STARTS RAMPING UP ON WEDNESDAY NIGHT.

I THINK TONIGHT ACTUALLY IS CHICKEN NIGHT IF YOU WOULD LIKE TO GO. IT'S A GREAT OPPORTUNITY IF YOU CAN GO.

>> THANK YOU. ANYBODY ELSE? >> YEAH, I HAVE TO REGAIN MYSELF OR A SECOND. FOR Y'ALL THAT DON'T KNOW, FOR THE KIDS THAT DON'T PLACE, IF YOU WANT FARM FRESH BEEF, CHICKEN, OR PORK YOU CAN ACTUALLY GO BY NOT PLACING ANIMALS AND HAVE THEM BUTCHERED. IT IS CHEAPER THAN THE GROCERY STORE. BUT I WANTED TO GIVE A SHOUT OUT TO HEATHER , PIGGYBACKING OFF OF WHAT ALAN SAID. MY KIDS PLAY SOCCER AND OPENING DAY AT COMMUNITY PARK WAS JUST PACKED. I COULDN'T BELIEVE THE AMOUNT OF PEOPLE THERE. PROBABLY SHOULD HAVE BUILT MORE PARKING SPACES. BUT I WAS JUST EXTREMELY IMPRESSED WITH THE PARKING STAFF. THEY PICKED UP SO MUCH TRASH THAT DAY. I WAS WATCHING THE GUY COME BY AND BAGGED IT UP BUT EVEN THE NEXT DAY WHEN THERE WAS LEFTOVER TRASH, THEY WERE OUT THERE CLEANING UP, SO JUST A SHOUT OUT TO THE PARKS DEPARTMENT FOR

ALL THEY DO. >> I JUST WANTED TO RECOGNIZE ONE OF OUR CITIZENS WHEN I WAS DRIVING IN TODAY, I SAW A MOTHER AND HER CHILDREN IN A GOLF CART GOING ALONG THE ROAD AND STOPPING AND PICKING UP TRASH ALONG THE ROADWAY THERE AND THE RESPECT THAT THEY WERE SHOWING THE CITY AND THE VALUES THEY WERE INSTILLING IN THEIR CHILDREN I THOUGHT WAS AMAZING, AND THAT'S ANOTHER REASON WHY I LOVE THIS CITY.

WANTED TO RECOGNIZE THAT. >> THIS IS GOING TO COME OUT OF LEFT FIELD AND MOST OF YOU MIGHT NOT EVEN KNOW HIS NAME BUT THERE'S A MAN APPEAR WHO DOESN'T SAY MUCH. THE ONLY ONE CALLED ON. WHEN HE'S CALLED ON HE HAS TO BE RIGHT 100% OF THE TIME. I BRAGGED THIS MORNING ABOUT THIS MAN TO SOMEBODY IN THE CITY , TWO DIFFERENT CONVERSATIONS I BRAGGED ON THIS GUY, HIS INTEGRITY, HIS KNOWLEDGE, SO FORTH AND SO ON, JUST IMPECCABLE. OUR CITY ATTORNEY HERE IS VERY HUMBLED AND YOU ONLY HEAR FROM HIM WHEN HE HAS TO SPEAK, BUT WHEN HE DOES HE SPEAKS WITH AUTHORITY AND KNOWLEDGE AND I

APPRECIATE THAT GUY. >> I REALLY THOUGHT YOU WERE GOING TO SAY MY NAME, BUT OKAY.

>> I WAS OUT OF TOWN, BUT I HEARD THE ACCOUNT WAS A HUGE

DEAL THIS LAST SATURDAY. >> ALL RIGHT, THANK YOU ALL,

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OPENING ITEM 2024-107, CITIZENS TO BE HEARD , THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNSEL ON A TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN VERSUS A PATIENT FORM AND PRESENTED TO THE CITY SECRETARY PRIOR TO THE ITEM BEING OPEN FOR DISCUSSION. SPEAKERS ARE LIMITED TO THREE MINUTES. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE CITY COUNCIL CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA. THE ONE TO COME FORWARD AND STATE YOUR NAME FOR THE RECORD AND WHETHER OR NOT YOU LIVE WITHIN THE CITY LIMITS AND THEN YOU WILL HAVE THREE

MINUTES. >> MY NAME IS JANE. I LIVED AT 5030 -- I AM A MIDLOTHIAN RESIDENT AND I'M ALSO A VOLUNTEER WITH MIDLOTHIAN RAVE. I HAVE SPOKEN WITH SEVERAL OF Y'ALL IN THE PAST , SO I HAVE SEEN FAMILIAR FACES.

AND I AM HERE WITH A SPECIFIC REQUEST. WE DO LIVE IN AN AREA THAT HAS A HIGH CONCENTRATION OF AIR POLLUTANTS . IN FACT, ELLIS COUNTY IS THE HIGHEST IN MARTIN COUNTY , NORTH TEXAS REGION, AND AIR QUALITY IMPACTS EVERYONE'S HEALTH, BUT PARTICULARLY CAN BE IMPACTFUL TO KIDS AND SENIORS. I KNOW THAT THIS CITY COUNCIL HAS A DEEP CONCERN FOR THE UNBORN. I AM HERE TO ASK YOU TO HAVE EQUAL CONCERN FOR THE BOURNE, AND HERE'S HOW. THE OFFICIAL EPA MONITOR FOR OUR AREA HAS BEEN OUT OF COMMISSION FOR TWO YEARS NOW. IT WAS TAKEN DOWN BECAUSE THERE WAS CONSTRUCTION ON THE FORMER SITE. THAT IS THAT BIG WAREHOUSE THAT IS BEING BUILT ACROSS FROM MARTIN MARIETTA. THAT MONITORS THE DEVICE THAT CAPTURES IN-DEPTH

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CONSTRUCTION CONSISTS OF A GRAVEL PAD THAT THEY WILL ANCHOR A SMALL TRAILER ON, A FENCE THAT SURROUNDS THAT, AND ELECTRICITY, AND THAT'S IT. RECEIVING PERMIT FROM CITIES HAS BEEN AN ISSUE FOR TCEQ ON OTHER SITES BUT IF WE CAN HELP IN THIS WAY, THAT MONITOR CAN BE UP AND RUNNING POSSIBLY BY THE END OF THE SUMMER, WHICH WOULD BE FANTASTIC. THAT TIMING IS PRETTY IMPORTANT. OUR AREA IS FACING TWO REALLY BIG PUBLIC HEALTH HURDLES. THE FIRST IS MEETING THE LOWER CAP FOR PN 2.5, AND THE SECOND IS REACHING OZONE OR GREENHOUSE GAS STANDARDS. THE DATA FROM THAT OFFICIAL TCEQ MONITOR WILL HELP ENSURE THAT WE ARE PROPERLY INCLUDED IN NONATTAINMENT PLANS, AND THOSE ARE ALREADY STARTING OUT PLANNING FOR THAT WITH GROUPS LIKE THE NORTH-CENTRAL TEXAS COUNCIL OF GOVERNMENT. THAT DATA WILL ALSO HELP US TAKE ADVANTAGE OF POSSIBLE FUNDING FOR TECHNOLOGIES THAT WILL HELP EVERYONE IN THIS AREA BREATHE BETTER. SO, I'M HOPING THAT FROM THE CITY COUNCIL THIS WILL BE A BIG YES, WE ARE GOING TO HELP AS FAR AS MIDLOTHIAN IS CONCERNED ON THE PERMITTING PROCESS. SO, I HOPE YOU WILL LET ME KNOW IF THAT

CAN BE THE CASE. THANK YOU. >> THANK YOU FOR YOUR COMMENTS.

WE CAN GO WITH STAFF REGARDING QUESTIONS IF YOU WOULD LIKE.

[CONSENT AGENDA]

>> OPENING ITEM, IS THERE ANY OTHER SPEAKERS THAT THIS POINT? OPENING CONSENT AGENDA ON MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE RETAINED BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. WOULD ANYONE LIKE TO REMOVE ANY ITEMS FROM CONSENT AGENDA? I AM HEARING THAT I WILL ENTERTAIN A MOTION.

MOTION TO APPROVE, A SECOND BY MISS HAMMONS, PLEASE VOTE.

THE ITEM PASSES 7-0. PUBLIC HEARINGS , 2024-113, CONTINUE

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THE PROPERTY IS GENERALLY LOCATED LOCATED ON THE NORTH SIDE OF U.S. HIGHWAY 67 SITUATED ABOUT 370 FEET OFF OF

CHURCH STREET. >> MAYOR COUNCIL MEMBERS , OKAY, THIS PROPERTY IS CURRENTLY ZONED PD-76. WHICH ALLOWS COMMERCIAL USES, WEDDING VENUE, WOODWORK, BUSINESSES, AND HAS A HISTORICAL THEME TO IT. THE PROPOSED PLAN DEVELOPMENT 176 WILL ALSO BE FOR COMMERCIAL USES WITH OFFICE CONTRACTORS AND INDOOR WAREHOUSE. AND THAT IS ON THE WEST SEVEN ACRES OF THE SITE FOR PHASE ONE. PHASE TWO WILL ALSO BE COMMERCIAL USES . IT WILL REQUIRE SITE PLAN APPROVAL. THERE ARE NO ADDITIONAL USES AND THAT IS THE EAST 13 ACRES . THE FUTURE LAND USE IS URBAN LOW DENSITY WHICH ALLOWS A SMALL LOT RESIDENTIAL OF 7500 SQUARE FEET . WITH OUR NEW PLAN WE WILL BE DOING AN ANNUAL UPDATE TO BE ABLE TO CLEAN UP THINGS LIKE THIS. THIS IS A MINOR AMENDMENT BECAUSE THE PROPERTY IS ALREADY ZONED FOR COMMERCIAL. THERE ARE EXISTING COMMERCIAL USES TO THE WEST WITH WEDDING VENUE , AND TO THE SOUTHEAST WITH A CONTRACTOR SHOP. TO THE NORTH, YOU HAVE PROPERTY THAT IS INDUSTRIAL

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THERE WILL NEED TO BE A SMALL CHANGE TO THE ORDINANCE THAT I ALREADY SHOWED JOE. THERE WILL BE A MORE CONTEMPORARY TYPE OF ARCHITECTURAL STYLE FOR THIS, AND THEY WILL BE WORKING WITH OUR UTILITY GROUP TO PROVIDE A 12 INCH WATER LINE THAT WILL GO ACROSS THE PROPERTY. PHASE TWO , AGAIN WE WILL COME BACK WITH THE SITE PLAN. THERE ARE NO ADDITIONAL USES. THEY ARE GOING TO RETAIN SOME OF THE ARCHITECTURAL STANDARDS OF THE ORIGINAL ORDINANCE. AND THERE ARE PROHIBITED USES THAT APPLY TO BOTH PHASES , AND IT'S MANUFACTURED HOMES, OUTDOOR THEATER, SOME OF THE MORE INTENSE USES . FOR FENCING THERE WILL BE TUBULAR STEEL . IT WILL BE SURROUNDING THIS PORTION OF THE PROPERTY. THEY WILL HAVE A MASONRY FENCE ON THIS SIDE WHICH IS REQUIRED BECAUSE THE TEXAS CEMENT PROPERTY IS ACTUALLY ZONED SINGLE-FAMILY. THEY WILL BE PROVIDING A DUMPSTER CLOSURE AS WELL , AND AS AN AMENITY, THEY WILL PROVIDE A PEDESTRIAN PATH THAT WILL CIRCLE THE DETENTION POND. THE LANDSCAPE PLAN CONFORMS WITH TWO EXCEPTIONS ADJACENT TO THE QUARRY, THEY WON'T HAVE A TREE LINE BUT THEY WILL RETAIN ALL THE OTHER TREES ON PHASE TWO. THEY WILL NOT PUT TREES IN THE UTILITY EASEMENTS. THEY DID ADD ADDITIONAL TREES FOR THE DETENTION POND AND PARKING TO COMPENSATE FOR PLACES THEY COULDN'T PUT TREES , AND THE MONUMENT SIGN ALSO CONFORMS TO OUR ORDINANCE REQUIREMENTS.

THE SITE HAS A LOT OF EXISTING TREE COVERAGE ON IT, AND SO THEY MET WITH THE ADJACENT PROPERTY OWNER, THE MAY FAMILY, AND THEY ARE GOING TO PRESERVE THE TREES . THEY EXTENDED THE LANDSCAPE EASEMENT 12 FEET SO THAT THEY COULD HAVE ADDITIONAL SCREENING FOR THAT PART OF THE PROPERTY. PHASE TWO, THEY WILL KEEP ALL THE TREES IN PLACE UNTIL THEY ARE READY TO DEVELOP IT, AND THERE IS A 30 FOOT OPEN SPACE BETWEEN THE 60 FOOT RIGHT-OF-WAY AND THE SOUTHERN PROPERTY LINE AS WELL TO PROVIDE ADDITIONAL BUFFER .

SO, PHASE ONE WILL BE MORE OF A CONTEMPORARY ARCHITECTURAL STYLE WITH A HORIZONTAL LINE FOR THE BOTTOM THIRD THAT WILL BE STONE. THE COLUMNS WILL BE WRAPPED IN STONE AT THE BASE .

THE OFFICES WILL BE 10 FOOT TALL , AND THE WAREHOUSE WILL BE 20 FOOT TO THE TOP OF THE PLATE. THERE WERE 13 LETTERS SENT. TWO LETTERS THAT WE RECEIVED WERE FROM THE APARTMENTS TO THE SOUTH . THEY WERE CONCERNED ABOUT TRAFFIC AND THEY THINK IT'S AN INDUSTRIAL USE WHICH IT IS NOT.

THE APPLICANT CAN ATTEST TO THAT, OR PROVIDE ADDITIONAL INFORMATION. SO, PLANNING AND ZONING COMMISSION RECOMMENDED

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>> WITH THAT, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY THE MAYOR, SECONDED BY MR. GARDINER.

PLEASE VOTE. AND THE PUBLIC HEARING IS CLOSED 7-0 . WITH A LIKE TO SPEAK OR MAKE A PRESENTATION OR JUST AND FOR QUESTION IF THEY COME UP? OKAY, COUNSEL QUESTIONS APPLICANT FOR STAFF. I GUESS I HAD ONE QUESTION FOR THE APPLICANT AND IF YOU DON'T MIND COMING UP JUST SO THE PEOPLE AT HOME THAT ARE WATCHING CAN HEAR IT. I APOLOGIZE FOR MAKING YOU COME UP. MARY MENTIONED THAT YOU HAD A MEETING WITH THE MAY

FAMILY. >> YES, WE HAD A GOOD MEETING.

MY BIGGEST CONCERNS IS NOT ONLY IS THE SCHOOL PROPERTY RIGHT NEXT DOOR BUT I GUESS THE BEAUTIFUL WEDDING VENUE THAT'S RIGHT BEHIND THAT PROPERTY. HOW DID THAT

CONVERSATION GO? >> WE HAVE EXTENDED THE EASEMENT AREA BETWEEN THEIR FENCE LINE AND OUR PARKING LOT SO TO SPEAK, AND MR. MAYOR AND I AGREED THAT WE ARE GOING TO LEAVE EVERY TREE THAT IS THERE AND WE'RE GOING TO ADD SOME MORE TO CREATE A BUFFER ZONE SO THAT THEIR PARKING LOT AND OUR PARKING LOT WILL NOT REALLY BE MUCH VISUAL ACTIVITY BETWEEN THEM. AND HE WAS REAL HAPPY ABOUT THAT. WE ALSO AGREED TO LEAVE ALMOST ALL THE TREES THAT ARE RUNNING DOWN THE SIDE OF THE ROAD GOING TO KNIGHT STREET , WE ARE GOING TO LEAVE MOST OF THOSE TREES AND WE ARE GOING TO -- EVERYTHING THAT I HAVE BUILT SO FAR WE HAVE TRIED TO KEEP IT AS A BEAUTIFICATION TYPE SITUATION , AND THAT'S WHY WE ARE GOING TO DO THE RETENTION POND AND MAKE IT A VERY ATTRACTIVE SITUATION IN THE FRONT TO THE PARK ITSELF WHICH WILL BE STONE COLUMNS WITH A STONE MONUMENT WALL WITH AN IRON FENCE TO MAKE IT ATTRACTIVE , AND THAT'S WHAT WILL BE FACING THE APARTMENTS, BUT THEY WILL HAVE ALSO THE UNIFICATION OF THE RETENTION POND AND THE GREEN EASEMENT THAT RUNS DOWN THE SIDE OF THE ROAD TO NINTH STREET.

>> YOU MENTIONED THERE WERE A COUPLE OF LETTERS. WAS THE MAY FAMILY TO -- ONE OF THE LETTERS?

>> THEY WERE BOTH IN THE APARTMENT COMPLEX.

>> COUNCIL, FOR THEIR QUESTIONS?

>> WHAT WAS THE GIST OF THE LETTERS? DID THEY MAKE ANY

SPECIFIC COMPLAINTS? >> TRAFFIC AND THEY THOUGHT IT

WAS AN INDUSTRIAL -- >> THEY WERE ASSUMING THEY WERE PUTTING IN INDUSTRIAL BUILDINGS LIKE THE GRAY ONE ON 67, AND WE ARE NOT. THESE ARE ALL SMALL UTILITY TRUCK TYPE ATMOSPHERES. IF THERE IS ANY SEMI-DELIVERY, IT WILL BE VERY MINIMAL. IT WILL DEPEND ON THE TYPE OF BUSINESS IF THEY GET

ANY DELIVERIES LIKE THAT . >> I KNOW YOU WILL HAVE TO COME BACK TO THE COUNCIL FOR THE NEXT PHASE, BUT YOUR VISION FOR THE NEXT PHASE IS TO HIRE ARCHITECTURE?

>> THE INITIAL INTENT FOR THE FRONTAGE ON 67 WAS SIMILAR TO THE INSURANCE BUILDING NEXT DOOR. THAT VERY SAME

ARCHITECTURE . >> I HAVE QUESTIONS . WHEN YOU MENTION MINIMAL TRUCK DRIVING , ARE YOU GOING TO BE ABLE -- HERE IS MY PRIMARY CONCERN. OBVIOUSLY YOUR INTEREST IN THE EXIT OFF THE STREET, AND IF I REMEMBER CORRECTLY, TRUCK TRAFFIC, AND THE POLICE DEPARTMENT MAY CORRECT ME ON THIS, BUT I'M PRETTY SURE TRUCK TRAFFIC IS NOT ALLOWED TO TRAVEL UP NINTH STREET FROM 67TH. DUE TO LOAD ZONING WITHIN THAT RANGE. SO THEREFORE ALL THAT TRUCK TRAFFIC WILL COME DOWN 67 FROM THE POLICE DEPARTMENT END OF

THAT STATION. >> I DID NOT MEAN TO INTERRUPT YOU. THERE'S PRETTY EASY ACCESS OFF OF 67TH GOING THE OTHER DIRECTION TOWARDS THE CEMENT.

>> I NEED THE POLICE CHIEF TO CONFIRM. I REMEMBER -- CARL, COULD YOU COME UP FOR JUST A SECOND? OR CHRIS MIGHT BE ABLE

TO ANSWER. >> I WILL LET THE CHIEF ANSWER.

I THINK IF THEY ARE MAKING A DELIVERY TO AN ADDRESS, THEY

CAN USE -- >> IN OTHER WORDS, THIS WILL BE CONFIRMED MINIMAL ENOUGH OF DELIVERIES TO WHERE IT'S NOT GOING TO AFFECT -- THERE IS A LOAD ZONE THROUGH THERE,

[00:40:03]

CORRECT? >> YES, IT IS CLOSED TO THROUGH

TRAFFIC. >> THE ONLY REASON I ASKED, I REMEMBER THERE WAS ISSUE WHEN THE CROSSOVER ROAD WAS STILL THERE . BUT I GUESS BECAUSE -- WAS OPENED AT THE TIME, SOMETHING WAS WRONG. I JUST WANTED TO CONFIRM THAT IT WAS

-- >> YOU ARE RIGHT. I JUST WANTED TO CONFIRM THAT -- I WOULD PREFER THEY ARE COMING FROM THE OTHER END LIKE YOU WERE SAYING, I JUST WANTED TO CONFIRM BECAUSE I DIDN'T THINK THAT WAS ALLOWED, BUT OKAY,

THANK YOU. >> COUNCIL, QUESTIONS OF THE

APPLICANT? >> THANK YOU, SIR.

>> THANK YOU. >> QUESTIONS FOR STAFF?

>> ARE FAR FROM THE FIRST TURN AND CAN THE SECOND TURN IN B? THIS IS PRETTY CLOSE. SPEED LIMIT? BECAUSE IT LOOKS LIKE IT'S ABOUT 190 FEET. FROM THE APARTMENT TURN IN.

>> LET ME SEE IF I HAVE AN A REAL HERE. IT'S A LITTLE MORE THAN THAT. GO AHEAD, I WILL LET YOU.

>> THE REQUIREMENT IS 280 FEET FOR THE SPACING BETWEEN DRIVEWAYS. THIS IS A 90 FOOT RIGHT-OF-WAY.

>> SO THIS WOULD BE AN EXCEPTION? BECAUSE THERE ARE

ABOUT 190 FEET FROM IT. >> IT WOULD BE AN EXCEPTION,

YES SIR. >> THIS IS ON THE PLANNING SIDE, THIS HAS ALWAYS CONFUSED ME BECAUSE WHAT Y'ALL CALL COMMERCIAL I CONSIDER LIFE INDUSTRIAL. THIS HAS A WAREHOUSE ON IT , PLUS AN OFFICE IN THE FRONT BUT IN MY MIND, THAT IS CONSIDERED INDUSTRIAL.

>> SO, THE WAREHOUSE CAN BE DONE WITH AN SU P IN THE

COMMERCIAL DISTRICT. >> OKAY BUT THE WAREHOUSE PIECE THROWS ME OFF. THAT'S THE ONLY REASON I'M ASKING.

>> BECAUSE IT IS DONE BY PD, IF THEY WANTED TO CHANGE IT, THEY WOULD NEED TO COME BACK, SO I THINK THE CONCERN IS YOU THINK IT'S GOING TO BE A HUGE WAREHOUSE , BUT I MEAN, THEY HAVE THE SAME PRODUCT IN I BELIEVE DUNCANVILLE.

>> WITH THIS BE BASICALLY THE SAME THING AS EASTGATE? SAME SIZED BUILDINGS AND THEY HAVE OFFICES ON THE FRONT, SOME OF

THEM. >> I THINK IT WOULD BE SIMILAR TO THAT, YEAH. I THINK THAT WOULD BE SIMILAR, DON'T YOU? DIFFERENT BASE ZONING FOR SURE. A LOT OF THOSE ARE INDUSTRIAL

USE. >> I'M JUST TRYING TO IMAGINE

WHAT THIS -- >> I DON'T THINK IT WOULD COMPARE TO EASTGATE BUT I THINK THE SAME CONFIGURATION CAN BE FOUND IN EASTGATE WHERE YOU HAVE THE OFFICE IN THE FRONT AND THE BACK, AND A LOT OF THE INDUSTRY IS CALLING IT FLOOD SPACE AND WE ARE SEEING IT PRETTY PREVALENTLY I THINK IN THIS CASE, SET BACK PRETTY FAR FROM THE ROADS AND THEY HAVE A

LOT OF SCREENING. >> JUST ON THAT NOTE, SO, THE END USER , IT SOUNDS LIKE THEY ARE PHASING IT OUT. WE MAY NOT KNOW THE END USER RIGHT NOW, AND WHAT THEY CAN DO IN THERE IS GOING OFF BASED OFF COMMERCIAL, AND EVERYTHING ELSE WOULD BE S.U.V., IS THAT CORRECT?

>> I BELIEVE THAT -- >> I MEAN AS FAR AS THE NORMAL THINGS THAT CAN GO IN THERE BY RIGHT BASED ON --

>> RED . >> THE ORIGINAL FARMSTEAD PD WAS PUT ON AS FAR AS ARCHITECTURAL --

>> WELL, IT'S NOT FOR THE -- IT'S A VERY DIFFERENT CONCEPT FROM THE FARMSTEAD. I BELIEVE THE FARMSTEAD WAS SUPPOSED TO BE A HISTORICAL KIND OF WHERE YOU CAN VISIT AND LOOK AT THE DIFFERENT TYPES OF ARCHITECTURE , SO IT HAD A LITTLE DIFFERENT THINGS TO IT, BUT WE HAD TALKED TO THEM AND THEY HAVE AGREED TO HAVE SOME OF THOSE SAME ARCHITECTURAL STYLES IF YOU LOOK AT THE ORDINANCE , CARRY FORWARD SO THAT WHENEVER THE PHASE TWO PART DEVELOPS, THEY CAN DRAW FROM THOSE

STYLES. >> THAT DOESN'T MAKE ME THINK

OF -- >> WELL, IT WOULD NEED TO --

[00:45:03]

>> IT DOESN'T MAKE ME THINK OF THE FARMSTEAD ARCHITECTURAL

DEPARTMENTS. >> IT WOULD NEED TO COME BACK

TO THE COUNCIL FOR APPROVAL. >> SO THIS IS ALL CONCRETE?

>> YES, SIR. IT IS 20 FEET TO THE TOP PLATE FOR THE

WAREHOUSE. >> I SAW WHEN I STUDIED MY PACKET IF I REMEMBER CORRECTLY, THERE'S LITERALLY NO OUTSIDE

STORAGE? >> THAT IS CORRECT.

>> THAT IS UNDER THE PROPERTY OWNER TO POLICE THAT?

>> THAT IS CORRECT. >> ALL RIGHT, THANK YOU.

>> ARE WE READY FOR EMOTION? >> I JUST WANT TO CONFIRM THE BUILDING HIGH . HE SAID 20 FOOT?

>> THAT IS TO THE TOP PLATE. I THINK IT WOULD BE 35 FOOT

OVERALL. >> WE WANT TO ADDRESS A COUPLE OF TYPOGRAPHICAL ERRORS. ANY MOTION UNDER ADDITIONAL USES.

SECTION 2B , --

>> I GUESS I HAVE A COMMENT BEFORE THE MOTION. PERSONAL OPINION IS I THINK THE CITY GOT IT RIGHT WITH THE CURRENT PD, AND I THINK THAT THE AMENDMENT -- THE CURRENT PD IS PROBABLY THE BEST USE FOR THE LAND AND I THINK IT'S A DIFFERENT DOWNGRADE TO WHAT IS CURRENTLY THERE , BUT THAT IS MY OPINION.

YOU SAYING AS THE DIFFERENCE THAT YOU THINK IS A DOWNGRADE? THE PEOPLE GOING OUT TO THE PROPERTY , OR?

>> THE ARCHITECTURAL REQUIREMENTS AND USES OF WHAT WAS PITCHED AS THE FARMSTEAD WHEN IT WAS ORIGINALLY DONE, I DON'T THINK THE MINI WAREHOUSING WHICH I WILL CALL IT IS GOOD FOR THE SURROUNDING PROPERTY OWNERS AND I THINK THE WAY THE ORIGINAL PD READ AS FAR AS THE COMMERCIAL DEVELOPMENT WAS A BETTER USE FOR THE CITY, BUT

THAT'S JUST MY OPINION. >> WOULD YOU BE REQUESTING THAT A PROPERTY OWNER WOULD BE PUT INTO A POSITION WHERE THEY WOULD HAVE TO MATCH WITH THE FARMSTEAD WAS GOING TO DO WITH

THE OLD BUILDINGS? >> WHAT THEY CHOOSE TO DO WITH THE BUILDINGS ON THE SIDE IS UP TO THEM. THEY BOUGHT THE ZONING AND THE USAGE OF THE PROPERTY.

>> YOU ARE TALKING AS FAR AS MORE OF A RETAIL OFFICE APPLICATION VERSUS INDUSTRIAL ?

>> CORRECT. >> IS THERE A POSSIBILITY THAT

WOULD COME OUT IN PHASE TWO? >> WE HAVE ALREADY STRUCK OUT THE -- DIDN'T WE? WE STRUCK OUT THE INDOOR WAREHOUSE ON PHASE TWO. IT'S NOT AN OPTION.

>> THEY ARE COMING BACK FOR PHASE TWO SO I'M WONDERING IF PHASE TWO MIGHT BE CLOSER TO WHAT CLARK IS TALKING ABOUT.

>> RIGHT, THAT'S THE IDEA. PHASE TWO COULD BE CLOSER TO WHAT THE ORIGINAL CONCEPT WAS.

>> HOW MANY BUILDINGS ARE GOING INTO PHASE ONE?

>> THERE ARE TWO ROSEN BUILDINGS . SEE IF I CAN SHOW YOU. SO, YOU CAN SEE THEM HERE. THERE ARE TWO ROWS.

>> WHAT SIZE OF THOSE BUILDINGS ROUGHLY?

>> THIS IS 500, AND THEN EACH OF THESE IS 2500 .

>> SO THEY ARE 5500, DID YOU SAY?

>> 2500 TWO PHASE WOULD BE 5000.

>> I GUESS IT IS THE WAREHOUSE PIECE, BUT DID YOU LOOK AT EXHIBIT D COMPARED TO EXHIBIT F? YOU CAN TELL ME WHICH ONE YOU PREFER. THAT IS JUST MY THING, BUT I'M JUST ONE VOTE.

TO ALAN? DO YOU HAVE COMMENTS?

>> I WILL SAY I AGREE WITH CLARK. I WOULD JUST WANT TO

[00:50:03]

WAS ORIGINALLY INTENDED. >> SO THAT I UNDERSTAND, WHAT IS THE ADDITIONAL -- LIKE THEY HAVE GOT THE BUILDINGS IN THE CENTER OF THAT, RIGHT? BUT THERE IS GREEN SPACE ON THE NORTH AND SOUTH SIDES OF THAT . IS THAT YOU PUT IN ADDITIONAL BUILDINGS TO BACK UP TO THAT?

>> NO, SIR. THEY ARE NOT ADDING ANY MORE. I THINK YOU ARE TALKING ABOUT THIS SPACE, CORRECT? THAT IS GOING TO BE -- IT ISN'T MARKED. IT IS PARKING AND LOADING AREAS, SO IF THEY NEED TO DROP OFF A SHIPMENT , THEY CAN MANEUVER IN. THEY WILL PROBABLY HAVE LIKE A LOADING AREA HERE AND THEN PARKING ON THE OTHER SIDE.

>> WHY WOULDN'T WE HAVE THE STREETS DUMP OUT TO 67? WE ARE GOING TO HAVE 10 USERS , AT LEAST IT IS A SINGLE CAR USER, IF NOT TWO, AND THEY ARE WITHIN 190 FEET OF A TURN TO THE APARTMENTS. THAT IS 20 TO 40 VEHICLES.

>> I WOULD LOVE TO HAVE THE APPLICANT ANSWER THAT . WERE ASKING WHY THEY CAN'T GO AHEAD AND STOP IT?

>> YOU SAID YOU WERE TALKING 10 TO 20 TO 30 CARS.

>> RIGHT. >> I JUST DON'T UNDERSTAND WHY WE PUNCHED IT OUT ON NINTH INSTEAD OF 67TH.

>> JUST I GUESS DISTANCE. IT IS SHORTER.

>> IT IS DEFINITELY LESS EXPENSIVE.

>> RIGHT. >> I GUESS THE OTHER PART I'M CONFUSED ON IS IF THAT DOESN'T FOLLOW UNDER OUR TYPICAL ORDINANCE OF 280 FEET, WHERE WAS THE EXCEPTION CALLED OUT

FOR? >> SO, IT WOULD BE WITH THE PLANNING PHASE OF IT, AND YOU KNOW, I BELIEVE THEY CAME IN AND HAD US SITE PLAN FOR A DIFFERENT USE A FEW YEARS AGO AND WE HAD APPROVED IT THEN, SO THAT WAS WHY HE WAS THINKING THAT COUNCIL MIGHT HAVE CONSIDERED IT THIS TIME.

>> OKAY. >> ALLEN, YOU HAVE A MOTION?

>> I WILL MAKE A MOTION TO APPROVE AS PRESENTED WITH THE CHANGE TO SECTION 2C1 TO ADD FOR PHASE TWO , SPECIFICALLY.

CLARIFY THE WAREHOUSE STORAGE IS IN DOOR.

>> REPEATED WARMER TEMPERATURES HE

>> UNDER TO BE STRIKE AND STORAGE , THE LAST LINE IS WITH WAREHOUSE STORAGE TO BE INDOOR STORAGE ONLY, CLARIFY NO OUTDOOR STORAGE. HE MET WITH A SECOND EXCEPTION IN SECTION 2B ON THE LAST LINE , IT WILL READ CONTRACTORS SHOP WITH WAREHOUSE STORAGE INDOOR SPECIFICALLY. MOTION TO APPROVE WITH THOSE TWO ADJUSTMENTS?

>> MOTION TO APPROVE WITH THE TWO EXCEPTIONS THAT WERE LISTED? PLEASE VOTE. THE ITEM FAILS 4-3. IS THERE A SECOND

MOTION? >> CAN I MAKE A MOTION TO DENY?

>> IT IS ALREADY DONE. >> ALL RIGHT, MOVING ON.

[2024-114]

>> THE PLANNING ENDZONE COMMISSION HAD REQUESTED THAT WE BRING FORWARD AN ORDINANCE ADDRESSING HOME OCCUPATIONS .

THE ZONING PRACTICE THAT CAME OUT IN SEPTEMBER TALKED ABOUT THE CHANGING TRENDS AND WORKFORCE HABITS , AND SO WE LOOKED AT OUR ORDINANCE AND DECIDED TO UPDATE IT BASED ON RESEARCH INTO OTHER CITIES AND MEETINGS WITH DRC CODE ENFORCEMENT. OUR ZONING INSPECTOR , AND SO THE TRENDS ARE CHANGING IN TERMS OF HOME OCCUPATION PRIOR TO THE PANDEMIC , 4.8% OF PEOPLE WORK FROM HOME , AND THEN DURING THE

[00:55:05]

THAT. >> SO, WE ARE REVISING A DEFINITION. WE HAVE TWO DIFFERENT DEFINITIONS CURRENTLY. WHAT WE HAVE DOESN'T ALTER THE EXTERIOR OF THE BUILDING. DOESN'T CHANGE THE CHARACTER OF THE NEIGHBORHOOD. AND IT DOESN'T NEGATIVELY AFFECT THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD. SO, WE KEPT THE EMPLOYEES THE SAME AS FAR AS WE HAVE THE OWNER AND THAT IF THE OWNER HAS A FAMILY MEMBER THAT WORKS WITH THEM, WE STILL ALLOW THAT. ALLOWABLE SIGNAGE, WE CORRECTED THAT BECAUSE WE HAD A SITUATION WHERE WE HAD A COUPLE OF SIGNAGE ALLOWANCES , AND THEN WE HAD IN THE ORDINANCE THAT SIGNS ARE NOT ALLOWED AT ALL. WE CLARIFIED THE PARKING BECAUSE BEFORE IT SAID NO PARKING, WHICH IS IN VERY REALISTIC IF YOU ARE THE OWNER OF THE PROPERTY. SO, IT JUST SAYS WITHIN THE DRIVEWAY OR IN FRONT OF THE HOUSE. THERE IS NO OUTDOOR DISPLAY THAT IS ALLOWED . THERE IS NO EXTERNAL NUISANCES , AND THEN IF YOU HAVE FOUR OR FEWER STUDENTS, YOU CAN DO TUTORING.

A VERY COMMON HOME OCCUPATION 'S MUSIC LESSONS . PROHIBITED USES, WE ADDED A COUPLE OF PROHIBITED USES . ANYTHING THAT CAUSES ELECTRICAL INTERFERENCE , AND THEN WE ADDED TO THE LIST OF AUTOMOBILE USES THAT ARE PROHIBITED . SO, THIS IS THE DEFINITION. IF YOU HAVE ANY QUESTIONS, LET ME KNOW. PNC RECOMMENDED APPROVAL 7-0 AT THE FEBRUARY 20TH MEETING.

>> NO PUBLIC SPEAKERS BUT I WANT TO ENTERTAIN A MOTION.

>> MOTION BY COUNCILMEMBER ROGERS SECONDED BY COUNCILWOMAN HAMMONS. PLEASE VOTE. THE PUBLIC HEARING DOES CLOSE 6-0.

WE ARE NOW OPEN FOR DISCUSSION. ANY QUESTIONS?

>> YEAH, SO HOW DOES THIS AFFECT BUSINESSES THAT ARE ALREADY CREATED? I NOTICED YOU ADDED AUTOMOTIVE REPAIR. I CAN THINK OF AT LEAST FOUR OR FIVE DIFFERENT AND VISUALS THAT WILL BE NEGATIVELY IMPACTED BY THIS. INCLUDING ONE THAT HAS BEEN A STAPLE OF OUR TOWN FOR MANY YEARS WHICH IS JEFF BUCKLEY'S JOB. I'M ASSUMING THERE'S SOME TYPE OF GRANDFATHER CLAUSE THAT STATES IN HOME AUTOMOTIVE REPAIR , MEANING BUSINESSES CURRENTLY IN EXISTENCE ARE NOT GOING TO BE

IMPACTED BY THIS. >> WE SHOULDN'T HAVE BUT THERE WOULD BE A LEGAL NONCONFORMING ABILITY .

>> THE EXAMPLE YOU ARE GIVING IS A HOME OCCUPATION, I

DON'T KNOW IF -- >> THESE ARE PEOPLE THAT ARE ZONED RESIDENTIAL THAT ARE CONDUCTING BUSINESS IN THEIR HOME . WHAT YOU ARE TALKING ABOUT IS MAKING HIS BUSINESS

ILLEGAL. WE CAN'T DO THAT. >> IT WOULD BE LEGAL

NONCONFORMING. >> THAT'S GOING TO BE A LEGAL

NONCONFORMING USE. >> I GET THAT. AT THIS POINT WE ARE GOING TO SAY WE ARE PICKING FAVORITES AND THIS GUY GETS TO CONTINUE TO OPERATE HIS BUSINESS, BUT OTHER PEOPLE THAT WANT TO PERFORM THE SAME DUTIES CAN'T. NO. I'M NOT IN FAVOR

OF THE EXPANDED DENIALS. >> WAS THAT A DEVELOP MIDDLE

[01:00:09]

BUT IT COULD HAVE BEEN. >> IT IS KIND OF THE SAME THING. LEGAL NONCONFORMING. WE DON'T ALLOW ANY TYPE OF AUTOMOTIVE REPAIRS . THAT CURRENTLY WOULD BE A VIOLATION.

WOULD THAT AFFECT THAT BUSINESS OR BUSINESSES LIKE

HIS? >> AS LONG AS THE BUSINESS IS CURRENTLY A LEGAL USE OF PROPERTY. IT SHOULD BE PERMITTED FOR EXAMPLE, IN THIS ORDINANCE, THEY HAVE LIMITED THE VILLAIN. IF YOU WANT TO HAVE SWIMMING LESSONS IN YOUR BACKYARD, BUT SAY YOU'RE HAVING SWIMMING LESSONS IN YOUR BACKYARD AT 9:00 AT NIGHT WITH 10 PEOPLE, OKAY? THAT WOULD NOT BE PERMITTED EVEN IF YOU ARE DOING IT LAST YEAR. THAT WOULD NOT BE PERMITTED UNDER THE NEW ORDINANCE. YOU CAN ONLY HAVE FOUR PEOPLE BETWEEN THE HOURS OF I BELIEVE EIGHT AND EIGHT.

CURRENTLY HAS A LARGE NUMBER OF STUDENTS THAT COME TO THEIR HOME POOL, TO TRAIN, YOU ARE SAYING THAT THAT WOULD NO

LONGER BE ALLOWED? >> ON THE CAR REPAIR STUFF, WHAT YOU ARE SAYING IS IF THEY ARE DOING IT NOW, THEY ARE EITHER ALREADY DOING IT ILLEGALLY OR THEY HAVE SOME SORT OF -- LIKE SOME PROCESS AND THEREFORE THIS WOULD NOT

AFFECT THEM. >> WHY ARE WE EXPANDING THIS,

THEN? >> WHAT IS THE BENEFIT?

>> I MEAN, WE HAVE HAD CALLS ON AUTOMOTIVE USES, AND WE HAD SOMEONE THAT WAS SELLING CARS FROM THEIR HOUSE AND THE NEIGHBORS DID NOT WANT TO DO THAT. SO AGAIN, WE ARE LOOKING AT THIS AS A GOOD NEIGHBOR THING . WE ARE NOT POLICING IT, BUT IF SOMEONE , A NEIGHBOR IS CONCERNED ABOUT IT, WHICH THEY WERE CONCERNED ABOUT THE SWIMMING LESSONS WHEN THEY FIRST WERE INTRODUCED , SO THERE WERE SOME CONCESSIONS THAT WERE MADE. I HEARD THE WHOLE STORY ABOUT THE SWIMMING LESSONS. SO, THE NEIGHBORHOOD WAS CONCERNED ABOUT THAT. AND THEN THEY MADE SOME CONCESSIONS TO KIND OF BRING THE TIME IN AND LIMIT THE NUMBER OF STUDENTS AND ALL

THAT. >> SO RIGHT NOW IT IS KIND OF DOCUMENTING IN CASE IT DOES CAUSE A DISRUPTION .

>> RIGHT, RIGHT. >> CAN SOMEONE APPEAL IT OR APPLY FOR SOMETHING IF SAY IT IS A CAR SHOP IS NOT A GOOD EXAMPLE IN THIS CASE, BUT SAY IT IS THE SWIMMING? IT BASICALLY STOPS IF THE NEIGHBORS ARE BRINGING IT UP?

>> YEAH, GO AHEAD. >> IF THEY HAVE BEEN DOING IT FOR 20 YEARS AND THEY ARE GRANDFATHERED IN, AND EXTENT OF THE CITY WITH THE AUTOMOTIVE SHOP, NOW WE ARE GOING TO TELL

THEM ALL OF A SUDDEN -- >> THERE WERE MANY THAT HAS USES GRANDFATHERED IN. THOSE WILL CONTINUE TO BE A

PERMISSIBLE USE. >> WE SENT OUT A LETTER AND THEY FILLED IT OUT AND SAID WHAT THEY ARE USING THE PROPERTY FOR, AND WE DIDN'T HAVE ANY RESTRICTIONS. WE DIDN'T SAY ZONED THIS. THEY SAID THIS IS WHAT WE ARE USING THE PROPERTY FOR AND THEN THEY HAD THE LEGAL NONCONFORMING

STATUS. >> THE ONLY THING I WOULD BRING UP ABOUT THAT IS LET'S GO TO --, THAT WAS ANNEXED PROBABLY IN THE LATE 90S , IF NOT BEFORE. SO, WE WERE NOT DOING THOSE FORMS THEN. WE STARTED THOSE FORMS MUCH LATER I THINK WHEN THE LAWS CHANGED . SO, SOMEBODY LIKE THAT , THEY WOULD'VE HAD THAT . SOMEBODY BACK THEN PROBABLY WOULDN'T

HAVE HAD THAT. >> AS LONG AS THE USE CAME IN THROUGH ANNEXATION, THAT WAS A USE BROUGHT IN THROUGH ANNEXATION. IT HAS CONTINUED SINCE THEN, THE USE WOULD STILL

BE PERMITTED. >> I WANT TO THROW WHAT IF THEY DID NOT? WE'VE HAD THIS COME UP BEFORE. IF WHEN THEY WERE ANNEXED EVEN IF THEY WERE DOING IT, THERE WERE SOME PEOPLE THAT WOULD ADVISE DON'T PUT ANYTHING. SO, ARE THEY PROTECTED OR NOT, OR DO WE HAVE TO GO BACK AND TRY TO VERIFY

WHETHER OR NOT? >> THE PROBLEM IS I DON'T KNOW HOW YOU'RE GOING TO TRACKBACK TO SAY THIS USE WAS PERMITTED OR NOT. I HAVE A LAW OFFICE IN MY HOUSE AND I HAVE PEOPLE WORKING IN MY HOUSE, OTHER ATTORNEYS NOT RELATED

[01:05:03]

THAT FORM. >> WE WOULD HANDLE IT THE SAME WAY. TODAY, IF THE NEIGHBORS COMPLAIN, WE GO AND TRY TO SEE WHAT THEY'VE DONE IN THE PAST AND WE LOOK AT AERIALS AND TRY TO FIGURE OUT IF THEY ARE NONCONFORMING, SO I MEAN WE DO DO THAT. WE TAKE THAT INTO CONSIDERATION AND WORK WITH THE

NEIGHBORHOOD. >> I'M A BIG BELIEVER AS FAR AS EVERYTHING I'M HEARING. I DON'T THINK WE NEED A RULE FOR EVERYTHING AND I DON'T REALLY MUCH LIKE THE RULE WE'VE GOT, MUCH LESS PUTTING MORE RULES ON IT, SO FOR ME I'M A BIG BELIEVER IN NEIGHBORHOODS AND NEIGHBORS. I THINK OUR COMMUNITY IS BIG ON THAT AND IF MY NEIGHBOR IS DOING SOMETHING I DON'T LIKE TOO MUCH ABLE TO STOP HIM IN THE YARD AND SAY HEY BUD, LET ME RUN THIS BY YOU. IF THEY ARE OUT PAST SOUND ORDINANCE AND THEY ARE PARTYING, I WILL GO OVER THERE AND SAY HEY, YOU KNOW, MY KIDS ARE TRYING TO SLEEP. WOULD YOU MIND TURNING IT DOWN? I THINK WE NEED MORE OF THAT AND LESS OF -- LESS RULES. THAT IS WHERE I STAND.

CAREFUL . I AGREE WITH THE SPIRIT OF THIS AND I THINK IT HAS SOME AND IF IT TO OUR COMMUNITY BUT I THINK WE NEED TO BE VERY CAREFUL WHEN WE ATTEMPT WERE CONSIDERED TO PASS THINGS LIKE THIS ABOUT HOW WE CAN TRAMPLE ON PEOPLE'S RIGHTS. PEOPLE THAT HAVE BEEN HERE .

>> I HAVE DIFFERENT OPINIONS ON THIS. I THINK I CAN ARGUE EITHER SIDE BUT I'M TRIED TO THINK OF THE BENEFITS LIKE TAX BENEFITS OR SOMETHING? SOMEONE DECLARING THEIR BUSINESS OUT OF THEIR HOME. YOU HAD THE COTTAGE FOOD PEOPLE OFFICIALLY BEING ABLE TO USE THEIR HOUSE AS THEIR HOME. IS THAT

BENEFICIAL TO HAVE THIS? >> RIGHT, AND COTTAGE FOOD INDUSTRIES ARE FINE. SO THAT WOULD NOT BE AFFECTED. IT IS NOT LIKE A RESTRICTED USER ANYTHING.

>> THE PURPOSE OF THIS ORDINANCE IS TO CONTROL SECONDARY EVENTS. THAT'S WHAT WE ARE THINKING . IF YOU LOOK AT WHAT YOU HAVE ON THE BOOKS TODAY AND WHAT IS PERMISSIBLE , WHAT SOMEBODY CAN DO THAT'S GOING TO CAUSE A SECONDARY EFFECT COMPARED TO THIS ONE, WHAT IS IT THAT YOU ARE TRYING TO CONTROL? WHAT IS IT THAT YOU ARE TRYING TO -- PEOPLE COMPLAINING ABOUT THIS ORDINANCE.

>> WHICH IN THAT CASE I AGREE WITH YOU. I DON'T WANT THE NEIGHBOR THAT HAS 10 CARS PARKED IN THE FRONT YARD BECAUSE THEY ARE RUNNING A BUSINESS. BUT LIKE YOU HAVING FELLOW ATTORNEYS COME IN OFFICE OUT OF THE HOUSE

AMASSING HOW -- >> IT WOULD BE PARKING.

>> IF YOU HAVE TOO MANY CARS PARKED YOU KNOW, YOU NEED TO FIGURE SOMETHING OUT. I DON'T KNOW.

>> I AGREE. >> CAN THEY HAVE DIFFERENT

RULES? >> IF YOU LOOK AT THE USED CHARTS, THERE ARE THINGS THAT ARE SPECIFICALLY CALLED OUT.

>> IF YOU'RE IN A NEIGHBORHOOD LIKE MINE OR ROSEWOOD WHICH IS A SMALLER LOT NEIGHBORHOOD, WOULD YOU WANT SOMEBODY RUNNING AUTOMOTIVE COMPANY OUT OF IT? IF YOU ARE THINKING A LARGER LOT , IT MIGHT MAKE SENSE FOR IT TO BE OKAY.

>> I AM VERY SUPPORTIVE OF WHAT ALAN SAID. WE ACTUALLY KIND OF DON'T EVEN LIKE GETTING THOSE CALLS BECAUSE WE WISH THAT EVERY NEIGHBOR WOULD JUST KNOCK ON THE DOOR. SO, I DO UNDERSTAND THAT. COULD THEY GO TO CBA IF THEY WANTED TO DO SOMETHING SLIGHTLY DIFFERENT?

>>'S ZONING BOARD OF ADJUSTMENT IS GOING TO BE

RESERVED FOR HARDSHIP. >> IF THE NEIGHBOR -- IF THE NEIGHBORHOOD IS OPEN TO WORKING TOGETHER WITH THE APPLICANT, THAT'S WHAT HAPPENED WITH THE SWIMMING LESSONS. THEN I DON'T KNOW IF WE ARE GOING TO BE POLICING TO SAY OH, YOU HAVE WHATEVER STUDENTS. I MEAN, THAT WOULD BE

[01:10:02]

AN OCCUPATION. SO THAT EXAMPLE, IF I BUILT SOCCER FIELDS AND PUT THEM IN THE BACKYARD AND I DO THAT LEGALLY AND INVITE THE ENTIRE NEIGHBORHOOD AND ALL MY COUSINS AND RELATIVES OVER, AS LONG AS I COULD OFF OF THAT, I'M NOT VIOLATING ORDINANCE APPEARED AT THE DIFFICULT PART OF THE ENFORCEMENT. YOU HAVE TO PROVE THAT OCCUPATION PART. SO JUST BECAUSE I SEE FOUR CARS PARKED OUT, SIX CARS PARKED OUT IN FRONT, I HAVE TO PROVE THAT THERE IS AN EXCHANGE GOING ON, A MONETARY EXCHANGE. THEY'RE DOING SWING LESSONS IN THEIR PARKING YOU KNOW, IN THEIR BACKYARD WITH A FEW PEOPLE, THE CITY STILL HAS TWO APPROVED BEYOND REASONABLE DOUBT THAT IT'S AN OCCUPATION AND ARE

USING IT AS AN OCCUPATION. >> AGAIN GOING BACK TO WHAT WE DO IS WE TALK TO THEM AND SAY HERE'S THE ONLY OCCUPATION ORDINANCE, AND WE DON'T MAKE THEM PROVE THEY ARE A HOME OCCUPATION, THEY HAVE ALWAYS JUST KIND OF GONE BECAUSE ONE PERSON HAD A PARTY BUSINESS AND THEY HAD A BUNCH OF STUFF OUT IN STORAGE, AND WE DIDN'T GO AND SAY YOU KNOW, WE KNEW AS A PARTY BUSINESS BECAUSE WE GOOGLED IT AND THEY HAD A WEBSITE ADVERTISEMENT . SO, WE DIDN'T GO AND SAY OH, YOU KNOW, WE ARE GOING TO SHUT YOU DOWN OR ANYTHING, WE JUST SAID HEY THESE ARE THE GUIDELINES, AND THEN THEY ADDRESSED IT AND MADE THE NEIGHBORHOOD COMFORTABLE. AND THAT WAS THE

END OF IT. >> THIS IS REALLY ONLY AFFECTING -- GOING TO BE RIGHT AND WRONG IN THE STATEMENT, THIS IS REALLY ONLY AFFECTING NONINTUITIVE PROPERTIES BECAUSE A LOT OF HOAS ALREADY ADDRESSED THESE USES.

>> THIS IS BASICALLY PUTTING EVENTUALLY AND EVERYBODY. OUR FOREFATHERS WOULD BE ROLLING OVER IN THEIR GRAVES IF THEY HEARD THIS. I MEAN, THIS IS THE KIND OF STUFF THAT REALLY MADE ME RUN FOR OFFICE. THIS IS THE STUFF THAT INFURIATES ME. WE SHOULDN'T BE TELLING PEOPLE WHAT TO DO INSIDE THEIR OWN

HOMES, PERIOD. >> RIGHT NOW ARE YOU CURIOUS WHAT THE ORDINANCE IS NOW? RIGHT NOW THE ORDINANCE SAYS HOME OCCUPATION CUSTOMARY ARE THOSE ORDINARILY CARRIED ON A HOME WHICH ARE NOT DETRIMENTAL OR INJURIOUS TO A PROPERTY PROVIDED THAT ALL OTHER USES MEET THE FOLLOWING CRITERIA.

SO AGAIN, THOSE THAT ARE CUSTOMARY WERE NEARLY CARRIED IN THE HOME, NO ASSISTANCE, NOT A MEMBER OF THE FAMILY RESIDING ON THE PREMISES. WE ALREADY HAVE THAT REQUIREMENT.

NO SIGN OF ADVERTISEMENT IS DISPLAYED. WE HAVE CHANGE THAT

NOW TO ALLOW ONE, SO -- >> WELL, WE DIDN'T CHANGE IT.

THERE'S AN ALLOWANCE IN THE SCIENCE SECTION.

>> THE USE SHALL NOT INCREASE NORMAL AUTOMOBILE TRAFFIC IN THE NEIGHBORHOOD. IT SHALL NOT INVOLVE THE INSTALLATION OR OUTSIDE STORAGE OF ANY MACHINERY, EQUIPMENT, OR MATERIALS OTHER THAN THOSE CUSTOMARY OF NORMAL HOUSEHOLD OPERATIONS. THE USE SHALL BE DEEMED INCIDENTAL AND NEVER AS PRINCIPAL USE BUT ONLY AS A SECONDARY USE WHICH WILL NEVER INVOLVE CONDUCT OF A RETAIL BUSINESS. IT MAY INCLUDE BUT NOT LIMITED TO THE -- ARCHITECT, LAWYER, ENGINEER, USE ADDITION, ARTIST, A PLACE WHERE SIX OR FEWER CHILDREN UNDER 16 YEARS OF AGE ARE RECEIVED FOR CARE, CHANGE THAT

NUMBER. >> IS IT STILL SIX?

>> IT IS STILL SIX. >> MILLING WASHING, IRONING , BARBERSHOPS, BEAUTY SHOPS. IT SHALL NOT INCLUDE BUT NOT LIMITED TO THE FOLLOWING BARBERSHOPS, BEAUTY SHOPS, HAIRDRESSER. WE NOW ALLOW ONE CHAIR. CARPENTER SHOPS, ELECTRICAL SHOPS, RADIO, TV SHOPS. CHANGED THE LANGUAGE A LITTLE BIT ON THAT. REAL ESTATE SALES OFFICE. IS THAT LISTED

HERE NOW? >> WE DIDN'T LIST EVERY USE.

>> WHAT I'M SAYING IS HERE, REAL ESTATE , YOU CANNOT HAVE A

REAL ESTATE OFFICE. >> WE DID NOT PUT THAT IN

THERE. >> CURRENTLY IT'S ACTUALLY LOOSER BUT IT WOULD ALLOW A REAL ESTATE --

>> FOR THE MOST PART IT'S ACTUALLY LOOSER AND MORE

FOCUSED ON SECONDARY RIGHTS. >> OVERALL DOES THE NEW

[01:15:04]

>> IT GIVES MORE. WE TRY TO TAKE ANYTHING THAT WAS INTERIOR TO THE HOME WE TOOK OUT BECAUSE WE DON'T WANT TO STEP IN SOMEONE'S HOUSE AND TELL THEM WHAT TO DO IN THEIR HOUSE. WE TRIED TO TAKE THAT OUT OF THE HOME ENVIRONMENT AND IT'S JUST SECONDARY. LIKE PARKING CARS.

>> IT SOUNDS TO ME LIKE WE'RE OPENING IT UP TO BE MORE --

>> IT IS. >> LET'S GO TO MIKE.

>> I WANT TO MENTION SOME THINGS I SEEN HAPPENED. I REMEMBER WHEN WE EXPANDED AS FAR AS WHAT WE DID WITH CODE ENFORCEMENT , THIS GOES BACK TO ABOUT 2012. WE WERE ASSURED THAT IT WOULD HAPPEN ON A COMPLAINT BASIS ONLY. I STARTED GETTING CALL. THAT WAS BACK IN THE '12. I STARTED GETTING CALLS IN ABOUT '18 OR '20 FROM PEOPLE, AND I WOULD GET THESE CALLS IT WOULD BE THE WHOLE NEIGHBORHOOD. CODE HIT ME, CODE HIT ME, CODE HIT ME SO STARTING TO TRACE IT.

WHAT HAPPENS IS ONE INDIVIDUAL DOES SOMETHING WRONG AND THEY WANT TO CALL BLUFFS ON EVERYBODY IN THE WHOLE NEIGHBORHOOD TO JUST TAKE EVERYBODY OUT. I CALLED AND I SAID I THOUGHT THIS WAS THE ONLY COMPLAINT. WELL, NOW THEY HAVE GOT TO HONOR THE LAW, YOU KNOW? I SAID YEAH BUT WHY WOULDN'T THEY GO TO POINT A, HERE THE COMPLAINT, AND LEAVE THE NEIGHBORHOOD? NO. SO, I FIGURED OUT THEY ARE AS CURVING

ALL THE WAY THROUGH. >> THEY ARE LOOKING FOR

SOMETHING? >> OH, YES. WHAT I'M GETTING AT IS THIS, SADLY TO ME THIS IS TRULY THE AMERICAN WAY. WE ARE A SOCIETY OF SMALL BUSINESSES, WE HAVE INFLATION GOING ON, WE HAVE OTHER THINGS THAT ARE AFFECTING PEOPLE'S POCKETS TRYING TO PAY TAXES ESPECIALLY. WE NEED TO ENCOURAGE FOLKS THE ABILITY TO HAVE -- IF THEY WANT TO STORE STUFF IN THEIR BACKYARD FOR AN INFLATABLE BOUNCE HOUSE BUSINESS OR WHATEVER THEY WANT TO DO, IT DOESN'T BOTHER ME. IF THEY WANT TO HAVE A FEW VEHICLES AS LONG AS THEY'RE NOT STEPPING OUT SIGNS ON THE HOUSE IN THE FRONT YARD. TO ME, THIS IS THE AMERICAN WAY AND IF WE EVER LOSE SMALL BUSINESSES IN OUR SOCIETY, WE LOSE THE CONVICTION OF WHAT WE ARE THAT SETS US APART. SO, I CAN'T ENCOURAGE ENOUGH , BUT I WANT TO MAKE SURE I UNDERSTOOD YOU CORRECTLY. FIRST OF ALL, YOU SAID THAT WE'VE HAD NO COMPLAINTS. WE HAD A FEW.

>> I DIDN'T SAY WE HAD NO COMPLAINTS. I SAID WE HAVE HAD ZERO CODE ENFORCEMENT ISSUANCES ON THESE CALLS. SO, WE DO NOT GO INTO NEIGHBORHOODS AND TRY TO FISH THESE OUT. THIS IS ONLY -- IF SOMEONE CALLS THE CITY AND WE DO ENCOURAGE THEM TO TRY TO TALK TO THEIR NEIGHBOR FIRST.

>> IF I GO ALONG WITH WHAT CLARK SAID , WHAT I HAVE FOUND IS THAT MOST OF YOUR SMALLER LOT RESIDENCES ARE IN THE HOMEOWNERS ASSOCIATION. IT CONTROLS THESE ISSUES. I WOULD EVEN GO AS FAR AS TO SUGGEST A LOT OF THESE ISSUES ARE SIMILAR TO WHAT IS AN UNDUE BURDEN ON YOUR PERSONAL PROPERTY, THERE IS A LEGAL WAY TO DEAL WITH THAT. I WOULD JUST LIKE FOR THE CITY TO PROVIDE NEED IS A GOOD GUIDANCE , AND LET THE FOLKS LIVE. WE DON'T NEED TO POLICE DEPARTMENT.

>> WE GO TO THE HOUSE AND THEN WE HAVE THE ORDINANCE PRINTED OUT AND WE JUST HANDED TO THEM AND TALK TO THEM. TO MAKE SURE I UNDERSTAND ONE OF THE THINGS I THOUGHT YOU SAID. YOU SAID THE NEW PROPOSAL APPLIES EVEN MORE FREEDOM?

>> WE HAVE EVERYTHING OUT OF THE INTERIOR. SO, WE ARE NOT GETTING GOING IN THE FRONT DOOR.

>> IT'S BETTER THAN WHAT WE HAVE NOW.

>> SO YOU CAN HAVE A BARBERSHOP WORK BEAUTY SHOP UNDER THIS ONE WITH ONE CHAIR YOU COULDN'T HAVE ONE UNDER THE CURRENT ONE?

>> WHEN WE GET OUR DOGS GROOMED, WE GO TO THE HOUSE. IF THE NEIGHBOR WANTS TO COMPLAINT TO GET CROSS, THESE THINGS HAPPEN. THEY GET CROSS WITH THE NEIGHBOR, THEY ARE COMPLAINING ABOUT THE TRAFFIC AND THEN IT WON'T HAPPEN TODAY BUT JUST LIKE WITH THE OTHER, GIVE IT UNTIL 2030, THEY'RE GOING TO BE GOING IN THERE AND TELLING THEM YOU ARE SHUTTING DOWN BUT

WE HAVE NO BUSINESSES. >> IF SOMEONE COMPLAINED ABOUT THE TRAFFIC, WE STILL HAVE TO PROVE THE ELEMENT THAT IT IS

[01:20:01]

A SEARCH WARRANT. >> THERE CAN'T BE SIX CARS OR

10 CARS COMING IN. >> THEY HAVE SIX CARS IN FRONT OF THEIR HOME AND THEY ARE NOT BOTHERING MY PROPERTY, THAT'S

THEIR PROPERTY. >> BUT IS NOT GOING TO BE IN FRONT OF THEIR HOME. HOW MANY HOMES CAN HAVE SIX CARS IN FRONT OF IT? IT'S GOING TO BE IN FRONT OF EVERYBODY ELSE'S HOMES. THE OTHER OWNERS HAVE A RIGHT TOO.

>> I COULD GO EITHER WAY ON THIS BUT THAT'S WHAT I ALWAYS GO BACK TO JUSTIN'S POINT OF I WOULD ARGUE ON A LARGER LOT. I WOULD BE MORE OKAY WITH CERTAIN USES. WHEN I LIVED IN PARK PLACE, THERE WAS A GUY THAT PREPARED RVS. YOU CAN'T TELL ME ANOTHER TWO OR THREE ARBY'S LINED UP IN YOUR NEIGHBORS DRIVEWAY IS NOT AN ISSUE. THAT IS A NEIGHBORHOOD THAT DOESN'T HAVE AN H AWAY. I AGREE WITH THING EVERYTHING ED IS SAYING AND I GO BACK TO JUSTIN AND SAY WELL IS THIS A STEP APPROACH? HONESTLY IF YOU HAVE FIVE ACRES, I DON'T CARE WHAT

YOU'RE DOING. >> I GUESS WHERE I WOULD GO WITH THAT AND START QUESTIONING THIS, BACK TO ABOUT 2015 WHEN WE STARTED MOVING INTO THE NEW INTERNATIONAL COAST YOU WANT TO KNOW WHAT I'M TALKING ABOUT. I THOUGHT THAT STUFF AND I'M STILL -- IF YOU TAKE ON FULL BLOWN INTERNATIONAL CUT, YOUR NEIGHBOR CAN COMPLAIN ABOUT SOMETHING THEY THINK IS IN YOUR HOUSE, LITERALLY BROKEN BASEBOARD , AND CODE GOES OVER THERE AND THEY CAN ENTER YOUR HOME AND TELL YOU TO FIX THAT, AGAINST WHAT YOU SAID. ENTERING A STAGE WHERE WE HAVE TO FUNDAMENTALLY CARD. THIS IS WHAT RESIDENTS CALL FOR IN THE EVALUATION OF PULLING THEIR PROPERTY VALUATION, AND I GET IT. BUT IN THE END IT'S NOT A GOOD ROUTE TO GO TO THEY ARE SEEKING THE CITY WILL BECOME THE HOMEOWNERS ASSOCIATION WITH THE POLICE DEPARTMENT. THE VERY BAD ROAD TO GO TO. I JUST DON'T AGREE WITH IT.

>> I WAS GOING TO SAY WHAT DO WE DO ABOUT MAKING IT BETTER?

>> IS THERE A WAY WHERE WE CAN JUST STRIP THIS WHOLE OCCUPATION STUFF STRAIGHT OUT?

>> NOT TONIGHT. WE CURRENTLY HAVE HOME OCCUPATION IN YOUR COAT AND I WOULD RECOMMEND WE HAVE A DISCUSSION WORKSHOP IF YOU GO THAT ROUTE. YOU CURRENTLY HAVE IN YOUR CODE.

>> WHAT IF WE WORKSHOP THIS? >> YES.

>> ANY FINAL COMMENTS? >> STUFF WOULD LIKE TO SAY

SOMETHING. >> TALK ABOUT IT AT WORKSHOP. I REALLY DON'T THINK WE WANT TO STRIP THIS OUT. YOU WANT TO HAVE SOME TEETH IN THERE. OTHERWISE YOU'RE GOING TO HAVE A NICE BUSINESS RIGHT NEXT TO YOU.

>> WE DO NEED TO REVIEW IT AND COME BACK DON'T WE?

>> YEAH. IF YOU DID REDLINE JUST TO SHOW THE DISTINCTIONS, YOU'RE GOING TO SEE , IT'S A VERY MINOR CHANGE. IN SOME AREAS WE ARE LOOSING ADDRESSING SOME ISSUES AS FAR AS CUSTOMERS WE CAN HAVE UP TO FOUR WHERE THE CURRENT ORDINANCE DOESN'T ADDRESS THE NUMBER OF CUSTOMERS YOU CAN

HAVE. >> CAN YOU ADD SOMETHING? I THINK SO HE ASKED THIS QUESTION EARLIER. WE HAVE AN APPEAL PROCESS TO THE COUNCIL, COULD THAT BE ADDED IN THERE? WHETHER IT'S OUR CODES WERE OUR NEIGHBORS CAN'T, THE CAN FIGURE THIS OUT, THEY CAN APPEAL TO THE COUNCIL, BUT THE COUNCIL THE SIDE . WE WILL DISUSED JEFF BECAUSE HE GETS A COMPLAINT AND THE COUNCIL SAYS HE'S BEEN DOING THIS, IT'S ALL FITTING ON HIS PROPERTY, NOT EVEN GETTING OFF HIS PROPERTY, THIS IS ONE OF THOSE INSTANCES WHERE YOU CAN'T?

>> I DON'T TO START TO CRAFT SOMETHING APPEAR BUT KEEP IN MIND, THIS IS A CRIMINAL VIOLATION. WHEN WE START MIXING CRIMINAL VIOLATIONS THAN WE HAVE ADMINISTRATIVE , IT'S SOMETHING WERE GOING TO THINK THROUGH.

>> I WANT TO MAKE A MOTION. >> GOES ON TO MAKE ONE COMMENT.

I THINK EVERYBODY WILL APPRECIATE. I JUST WANTED TO SAY FROM YOUR SIDE AND YOUR STAFF, I UNDERSTAND THE INTENT AND I THINK OTHERS WOULD ECHO IT. I'D APPRECIATE WHAT YOU'RE TRYING TO DO. I THINK MORE THE CONCERN IS JUST AROUND THE RAMIFICATIONS GENERALLY, I JUST WANT TO MAKE THAT CLEAR.

IT'S NOT LIKE HEY, I THINK MOST OF US IF NOT ALL OF US,

WE UNDERSTAND THAT . >> I JUST WANT TO SAY, YOUR FIRST COMMENT WAS SPOT ON IS THAT OUR FIRST QUESTION IS HAVE YOU TRIED TO TALK TO THEM ABOUT THIS? SO ABSOLUTELY.

THAT IS DEFINITELY THE GOOD NEIGHBOR APPROACH.

>> IF WE DO MOVE IN TO READER CONVERSATIONS , IF WE HAVE IT, I WOULD LOVE TO KNOW THE TYPES OF COMPLAINTS WE'VE GOTTEN , THE ECZEMA TIME, I DON'T KNOW IF WE TRACK THE INFORMATION .

[01:25:03]

>> THAT'S WHAT I'M TELLING YOU NOW, IS THAT PROBABLY THE NUMBER ONE IS STORAGE NOT IN THE BACKYARD, IT'S GOING TO BE SOMEBODY STORING SOMETHING WHATEVER ON THEIR FRONT PORCH OR IN THEIR YARD, USUALLY IN THEIR YARD, SO --

>> LIKE VEHICLES, YOU MEAN? >> NO. I DON'T WANT TO PICK ON ANYONE. IF SOMEBODY'S WATCHING OR THEY ARE LIKE OH, THAT'S

ME. >> LET'S NOT GO THERE.

>> YEAH, I DON'T WANT TO PICK ON ANYONE WITH THAT.

>> WE ARE GOING TO MAKE A MOTION THAT WE DISCUSSED THIS

AT A LATER WORKSHOP. >> SECONDED.

>> TO BE CONSIDERED WITH THE REDLINE VERSION BY THE COUNCIL.

ALL YESES ACROSS. IT PASSES 7-0 .

[2024-115]

>> APPRECIATE THE INFORMATION AND LOOK FORWARD TO THE DISCUSSION LATER ON. I'M GOING TO OPEN ITEM 2024-115, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE ZONING OF PLUS OR -4.5 ACRES WITHIN THE COMMERCIAL DISTRICT TO A PLANT DEVELOPING DISTRICT TO ALLOW FOR THE CONSTRUCTION OF TWO HOTEL BUILDINGS THAT ESTABLISH USE AND DEVELOPMENT REGULATIONS IN REFERENCE TO THE NEW USE. THE PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF METHODIST WAY AND U.S. HIGHWAY 287 SERVICE ROAD. CAN I RECEIVE A MOTION TO PURSUE THAT

CONTINUANCE? >> SECOND.

>> PLEASE VOTE. IT DOES PASS 7-0 . ITEM IS CONTINUED TO

[2024-116]

AS APPROPRIATE. MIKE? >> THANK YOU. AS PART OF THE REQUIREMENTS OF TEXAS ADMINISTRATIVE CODE CHAPTER 288, THE CITIES ARE REQUIRED AZURE WATER PROVIDER TO UPDATE WATER CONSERVATION. THE LAST UPDATE WAS IN APRIL OF 2019 SO WE ARE NOW YEAR FIVE, SO MOST AMENITIES , M.A. FIRST DEADLINE FOR THE UPDATING, THE PLANS THAT WE HAVE CURRENTLY AGAIN ARE TO MEET STATE REQUIREMENTS. THE CONSERVATION OF WHAT WE ARE LOOKING AT REALLY IS HOW DO WE LOOK LONG-TERM ON THE WISE USE OF WATER OVER THOSE TIMES. TRUCK CONTINGENCY IS WHAT YOU DO WHEN YOU GET INTO AN EMERGENCY WHEN YOU HAVE A DROUGHT. WITH THAT I'M WILLING TO INTRODUCE ABBY GARDNER WITH REESE NICHOLS. THEY HAVE DEVELOPED OUR UPDATED PLANS. THEY DID THE LAST PLAN UPDATE AS WELL AND SHE HAS A PRESENTATION AND AFTER THAT WE HAVE TO ANSWER QUESTION SO I'M GOING TO TURN IT OVER TO ABBY.

>> THANK YOU SO MUCH AND THANK YOU GUYS FOR HAVING ME HERE TODAY. AS MIKE SAID, I AM ABBY GARDNER. WE HAVE BEEN HELPING UPDATE THESE PLANS. A LITTLE BIT OF THE BACKGROUND ON THESE PLANS, THEY ARE REQUIRED TO BE UPDATED EVERY FIVE YEARS. THE LAST TIME WE WENT THROUGH THIS PROCESS WAS IN 2019. REALLY THE WATER CONSERVATION TRUCK CONTINGENCY PLAN ENTAILS, THIS IS A PUBLIC FACING DOCUMENT SO WE TRY TO MAKE SURE IT'S VERY EASILY ACCESSIBLE. AND THERE'S REALLY TWO PLANS AS MIKE SAID WATER CONSERVATION PLAN WHICH LOOKS AT YOUR LONG-TERM WATER SAVINGS, AND THEN THERE IS YOUR DROUGHT CONTINGENCY PLAN AND THAT LOOKS AT YOUR SHORT-TERM WATER SAVINGS WHEN YOU'RE IN A DROUGHT OR A STATE OF EMERGENCY. ALSO ONE OF THE THINGS I WANTED TO NOTE IS THAT A LOT OF THE MAJOR WHOLESALE WATER PROVIDERS IN THE NORTH TEXAS AREA HAVE REALLY COME TOGETHER OVER THE LAST COUPLE CYCLES OF CONSERVATION PLANNING TO HAVE JUST COORDINATED MESSAGING ON CONSERVATION.

THERE'S A LOT OF SUPPORT THROUGH CONSERVATION. YOU GUYS MIGHT HAVE HEARD ABOUT THE WATER IS AWESOME CAMPAIGN AND THINGS LIKE THAT. SO, THIS AGAIN IS JUST SHOWING THE DIFFERENCE BETWEEN THESE PLANS. WATER CONSERVATION PLAN IS ALWAYS BEING IMPLEMENT IT. THAT IS YEAR-ROUND, EVERYDAY.

DROUGHT CONTINGENCY PLAN IS JUST ENACTED EVERY YEAR IN THE DROUGHT STAGE. ONE THING I WANTED TO NOTE BEFORE WE GET INTO THE ACTUAL PLANS THEMSELVES IS THAT THERE IS A WHOLESALE WATER PROVIDER REQUIREMENT AND SO BASICALLY WHAT THAT MEANS IS IF YOU'RE GETTING WHOLESALE WATER FROM THE PROVIDER, THEN YOU ARE REQUIRED TO INCLUDE CERTAIN THINGS WITHIN YOUR PLAN IF THEY'RE HAVING IT AS A REQUIREMENT IN THEIR PLAN. SO THE CITY OF MIDLOTHIAN GETS WATER FROM TWO DIFFERENT SOURCES. YOU GET WATER FROM THE TRINITY RIVER AUTHORITY AS WELL AS THE WATER DISTRICT.

SO WE'VE BEEN COORDINATED WITH BOTH OF THOSE NEEDS TO KIND OF UPDATE THIS PLAN THROUGH THE PROCESS. THERE STILL ALSO GOING FURTHER UPDATES SO WE'VE BEEN CORRELATING WITH THEM AND UPDATING BUT THOSE PLANS ARE ALSO STILL DRAFT BUT THEY DO NEED TO BE TURNED IN BY MAY 1ST. SO THEY WILL BE HAVING THOSE DRAFTS OUT RELATIVELY SOON.

>> FIRST I WANTED TO TALK ABOUT THE WATER CONSERVATION PLAN AND

[01:30:03]

ONE OF THE THINGS YOU GUYS HEAR A LOT FROM PEOPLE TALKING ABOUT WATER CONSERVATION IS GP CD, SO I JUST WANTED TO QUICKLY DEFINE WHAT THAT IS. WHEN YOU HEAR THE METRIC , WITHOUT IS LOOKING AT IS THE GALLONS PER PERSON DAY. SO IT'S REALLY JUST A WAY TO MEASURE WATER USE PER UTILITY. AND THEN YOU LOOK AT IT AND A BUNCH OF DIFFERENT WAYS, TWO OF THE MOST COMMON ARE YOUR TOTAL AND THAT LOOKS AT THE TOTAL AMOUNT OF WATER THAT IS WITHIN YOUR SYSTEM DIVIDED BY YOUR POPULATION.

THEN WE ALSO HAVE A METRIC CALLED RESIDENTIAL GP CT SO THAT'S ONLY GOING TO BE LOOKING AT YOUR RESIDENTIAL WATER USE, SO THAT IS YOUR SINGLE FAMILY AND YOUR MULTI FAMILY HOMES. WHEN YOU LOOK AT GPCD AND COMPARED TO OTHER WATER SYSTEMS, THERE'S A LOT OF THINGS THAT AFFECT YOUR TOTAL TYPICALLY IN NORTH TEXAS, OR SUBURBAN CITIES, THE TOTAL GPCD RANGES FROM ABOUT 150 20 250, SO IF YOU HAVE A HIGHER GPCD , A NUMBER OF FACTORS ARE TYPICALLY ASSOCIATED WITH THAT ARE IF YOU HAVE A LOWER COST OF WATER , IF YOU HAVE A HIGHER PER CAPITA INCOME, IF YOU HAVE THOSE LARGE LOTS OR WATER SYSTEMS AND AND ALSO IF YOU HAVE HIGH COMMERCIAL INDUSTRIAL USE AND ALSO HIGH WATER LOGS. ON THE FLIPSIDE IF YOU HAVE A LOWER TOTAL GPCD, THAT IS ASSOCIATED WITH A HIGHER COST OF WATER AND TYPICALLY YOU HAVE LOWER INDUSTRIAL USE AND LOWER PER CAPITA INCOME AND ALSO IF YOU HAVE CERTAIN CONSERVATION MEASURES IN PLACE LIKE AN INCREASING FLOCK RATE WATER STRUCTURE OR CONSERVATION MEASURES LIKE A PERMANENT OUTDOOR WATERING SCHEDULE. ONE THING I WANTED TO JOIN DOUBT ABOUT GPCD IS IT REALLY VARIES YEAR TO YEAR AND IT'S VERY BASED ON THE WEATHER. YOU'RE GOING TO HAVE A HIGHER GPCD WHEN YOU HAVE A HOTTER, DRIER YEAR. WHEN WE LOOK AT GPCD AND PLANNING FOR THE FUTURE AND COMING UP WITH GOALS , WE LIKE TO LOOK AT A LOT OF HISTORICAL DATA SO TYPICALLY WE LOOK AT A RESIDENTS LIKE FIVE OR 10 YEARS WHEN WE ARE LOOKING AT GPCD, AND IT'S REALLY NOT JUST INDIVIDUAL SINGLE YEARS BECAUSE SOMETIMES WHEN YOU SEE A LOWER GPCD, IT'S NOT NECESSARILY ASSOCIATED WITH LOWER WATER USE , CONSERVATION MEASURES, IT COULD BE BECAUSE IT WAS A WETTER YEAR. SO ALSO ONE THING I WANTED TO JOIN DOUBT IS THAT WHEN WE ARE LOOKING AT CONSERVATION PLANNING, WHEN WE TALK ABOUT POPULATION, IF YOU'RE LOOKING THROUGH THE PLAN AND THE POPULATION NUMBERS LOOK A LITTLE DIFFERENT, IT'S BECAUSE WE ARE LOOKING AT THIS TYPE OF PLANNING, WE ARE LOOKING AT THE POPULATION IN THE WATER SERVICE AREA. THAT IS NOT THE CITY LIMIT POPULATION, IT'S JUST THE WATER -- IT'S THE POPULATION BEING SERVED. SO, THIS GRAPH , THE CITY OF MIDLOTHIAN IS REALLY UNIQUE. WE JUST WANTED TO SHOW A GRAFT THAT TYPICALLY THE WHOLESALE AND RETAIL USE IS ABOUT 50-50. THE CITY OF MIDLOTHIAN ACTUALLY HAS A LOT OF WHOLESALE WATER USE AS WELL AS RETAIL USE AND WHOLESALE USE IS USED IN ORANGE AND RETAIL USE IS IN THE BLUE ON TOP OF IT SO YOU CAN KIND OF SEE THAT SPLIT.

THEN ON TOP YOU SEE THE RED DOTTED LINE, THAT'S THE TOTAL AMOUNT OF RAW WATER DIVERTED. THERE IS A DIFFERENCE BETWEEN THAT LINE AND THE TOTAL WATER USE BECAUSE YOU TYPICALLY HAVE LOSSES ASSOCIATED WITH TREATMENT AND -- SO IF YOU TAKE OUT WHOLESALE, THIS IS WHAT SUSTAINED WANTED USE BUT IT'S LOOKING AT ASSUMED IN VERSION OF JUST RETAIL WATER USE. IS LOOKING AT THE INDIVIDUAL WATER USE CATEGORIES THAT YOU TYPICALLY LOOK AT ONE YEAR LOOKING AT CONSERVATION PLANNING OR ANY OF THE WATER USE REPORTS TO THE TEXAS WATER DEVELOPMENT BOARD. THESE ARE ALSO TIED TO THE SYSTEM SO YOU HAVE YOUR RESIDENTIAL SINGLE-FAMILY IN THE DARK BLUE, AND IN YOUR RESIDENTIAL MULTI FAMILY IN THE LIGHT BLUE, AND THEN COMMERCIAL IS IN THE RED AND YOU CAN SEE THIS WATER USE CATEGORY HAS BEEN INCREASING OVER THE RECENT YEARS. AND THEN INSTITUTIONAL , THAT IS SHOWN IN THE GRAY. AND THEN INDUSTRIAL WATER USE IS SHOWN IN GREY. ONE OF THE MAIN THINGS OF A WATER CONSERVATION PLAN UPDATE IS YOU HAVE TO CREATE WATER CONSERVATION POLES. THESE WATER CONSERVATION GOALS ARE ACTUALLY REQUIRED BY THE TEXAS WATER DEVELOPMENT BOARD. TO HAVE A LIST OF METRICS YOU HAVE TO ANALYZE AND CREATE FOUR. SO, WE HAVE TO LOOK AT TOTAL GPCD,

[01:35:01]

[01:40:03]

SO, THE CITY GETS WATER FROM TWO DIFFERENT SOURCES. IF EITHER ONE OF THEM IMPLEMENTS A DROUGHT STAGE, THEY WILL NOTIFY THE -- SO FOR TIER A, THEY IMPLEMENT A DROUGHT STAGE BASED ON THE WATER SURFACE ELEVATION. SO, IF -- FALLS BELOW 516 FEET, THEN THEY WILL INITIATE DROUGHT STAGE ONE AND NOTIFY THE CITY. IF IT FALLS BELOW 511, THEY WILL ENTER DROUGHT STAGE TWO AND SO ON WERE TO ACTUALLY LOOK AT IT FROM CONFINED STORAGE. SO BASICALLY THE RESERVOIRS COMBINED STORAGE 75%, THAT'S WHEN THEY INITIATE DROUGHT STAGE ONE. SO, WHAT DOES THAT ACTUALLY MEAN WHEN YOU ENTER A DROUGHT STAGE? IF EITHER ONE OF THE WHOLESALE WATER PROVIDERS TRIGGER A DROUGHT STAGE, THEY WILL NOTIFY THE CITY AND THEN THE CITY WILL IMPLEMENT A DROUGHT STAGE AS WELL. THERE'S A FEW CONTINGENCIES WITH THAT.

BASICALLY , IF THE CITY OF MIDLOTHIAN ENTERS DROUGHT STAGE ONE, WE HAVE PRODUCTION GOLDEN AND ASSOCIATED WITH ENTERING METRO STAGE. WE HAVE 5% GOAL AND ONE OF THE MAJOR MEASURES THAT IS ACTIVE WHEN YOU ENTER THAT DROUGHT STAGE AS YOU GO INTO A TWICE PER WEEK WATERING SCHEDULE. WHEN YOU GO TO DROUGHT STAGE TWO, THE PRODUCTION GOAL INCREASES A LITTLE BIT . THEN THE WATERING SCHEDULE SWITCHES TO A MANDATORY ONCE PER WEEK. IF YOU ARE IN DROUGHT STAGE THREE, IT'S ESSENTIALLY A SIGNIFICANT REDUCTION WHERE IT IS ALL OUTDOOR WATERING IS PERMITTED, SO ABOUT A 30% REDUCTION BEING ASKED FOR. THERE ARE SOME SPECIAL MEASURES PUT IN THE DROUGHT CONTINGENCY PLAN .1 OF THE THINGS ADDRESSED IS WHEN TRA OR TRW D ENTERS A DROUGHT STAGE. THE CITY OF MIDLOTHIAN CAN DO CURTAILMENT OF A SPECIFIC WATER SUPPLY SO IF THE CITY DOESN'T WANT TO ENTER DROUGHT STAGE ONE, THEY CAN CURTAIL THE AMOUNT OF WATER THAT IS BEING USED BY THE SOURCE WITH A DEMAND REDUCTION GOAL. THERE'S ALSO A MEASUREMENT FOR -- SO THIS WOULD BE IMPLEMENTED IF YOU ARE IN A DROUGHT STAGE. IT'S ONLY IF IT IS THREATENING PUBLIC HEALTH. IT'S A PRETTY EXTREME ACTION THAT WILL BE IMPLEMENT A GOOD THERE'S A WHOLE PROCESS AND HEAR WORDS PERCENTAGE BASED AND THERE'S DIFFERENT PROCEDURES FOR SINGLE-FAMILY , MULTI FAMILY AND THEN COMMERCIAL AND INDUSTRIAL CUSTOMERS. THEN OF COURSE THERE'S ALSO -- OUTLINED IN THE PLAN FOR WHERE A CUSTOMER CAN APPEAL THIS WATER RATIONING TO THE MANAGER ENTERS A PROCESS FOR THAT. AND THEN ALSO THERE'S A WATER ALLOCATION SO THIS WOULD ONLY BE IMPLEMENT IT IF YOU'RE IN DROUGHT STAGE THREE CONDITIONS, AND IT'S IMPORTANT TO THE TEXAS WATER CODE . BASICALLY WHAT THAT MEANS IS THE CITY OF MIDLOTHIAN HAS SEVERAL WHOLESALE WATER CUSTOMERS IMPLEMENTED AND IT BASICALLY TAKES THE WHOLESALE WATER CUSTOMERS AND REDUCES IT BY A

[01:45:02]

WE HAVE TO SUBMIT IT TO THE TEXAS WATER DEVELOPMENT BOARD, WHOLESALE WATER CUSTOMERS, AND -- IS WHERE IS YOUR REGIONAL PLANNING GROUP. SO, I KIND OF WANT TO JUST HIGHLIGHT THE MAIN PARTS OF IT BUT ARE THERE ANY QUESTIONS ABOUT THE WATER CONSERVATION PLAN OR KIND OF WHAT IS INCLUDED IN THE

DROUGHT CONTINGENCY PLAN? >> THERE IS NO ACTION TO BE

TAKEN. >> I WAS GOING TO ASK ABOUT THE VARIANCE PROCESS. SO, CAN YOU GIVE A LITTLE DETAIL TO WHAT OCCURS IN THAT MOMENT IF THERE IS SOMEBODY THAT IS SEEKING A VARIANCE TO THOSE DROUGHT RESTRICTIONS?

>> YEAH. SO, BASICALLY, ANYTIME WHEN YOU'RE GRANTING A VARIANCE, BASICALLY THE PROCESS IS THAT WHILE THEY REQUEST WITHIN FIVE DAYS AND THE CITY MANAGER REVIEWS IT AND DETERMINED THAT IT APPLIES AND IF THE CUSTOMER WHO IS REQUESTING THE VARIANCE SHOWS THAT FAILURE TO GRANT VARIANCE WILL COMPROMISE PUBLIC HEALTH AND SAFETY AND THINGS LIKE THAT SO IT'S REALLY UP TO THE CITY MANAGER ON WHETHER THE VARIANCE

IS APPROVED. >> WHAT IT IS BASED ON HINDERING PUBLIC SAFETY AS A WHOLE? NOT A PARTICULAR SITUATION , WHAT I'M TRYING TO GET OUT OR TRYING TO FIND OUT SPECIFICALLY IS UNCONCERNED IN A SITUATION WHERE A VARIANCE IS AVAILABLE, YOU KNOW OUR COMMERCIAL USAGE HAS BEEN THROUGH THE ROOF AND SO I'M CONCERNED THAT A COMMERCIAL WATER USER WOULD HAVE TREMENDOUS AMOUNT OF RESOURCES TO MAKE A CASE FOR A VARIANCE BASED ON THE BUSINESS OR WHAT THEY DO OR ANY OF THAT. WHEREAS A RESIDENT MAY NOT HAVE THAT LEVEL OF RESOURCE, KNOWLEDGE, JUST EVEN KNOW HOW TO IF THEY HAD A SITUATION THAT MEANT A LOT TO THEM FOR WAS VERY IMPORTANT TO THEM, DO WE HAVE -- HOW SIMPLE IS THE PROCESS I GUESS IS MY CONCERN.

>> SO I BELIEVE IT'S JUST PROVIDING THAT IN WRITING. AND KIND OF MAKING YOUR CASE AND I WILL BE TAKING IT ON A CASE-BY-CASE BASIS. AS FAR AS COMMERCIAL INDUSTRIAL CUSTOMERS, ONE OF THE THINGS THAT THEY HAVE TO DO IS IMPACT

SERVICES. >> OKAY.

>> AND FOR A RESIDENT, YOU KNOW AN EXAMPLE OF WHAT THAT -- THE

VARIANCE? >> I DON'T KNOW EXAMPLE WHEN A VARIANCE WOULD BE GRANTED BECAUSE IN MY CAREER YOU GUYS HAVE BEEN IN THE DROUGHT STAGE, SO.

>> ONE OF THE THINGS WE'RE LOOKING AT IS LOOKING AT THE NONESSENTIAL SO IF YOU'RE TALKING ABOUT WITHIN YOUR HOME TYPICALLY, WHEN YOU LOOK AT IT DURING OFF-PEAK, THAT IS TYPICALLY A MUCH SMALLER USAGE. YOU START GETTING INTO THE ISSUE OF WHERE YOU START RESTRICTING THE IRRIGATION SIDE OF THINGS YOU CAN STILL GO OUT THERE WITH A HANDHELD AND YOU CAN STILL WATER YOUR TREES AND YOUR LANDSCAPE . IS GOING TO BE LOOKING MORE AT SAY ON THE COMMERCIAL SIDE, NOT TALKING ABOUT THE OUTSIDE WITH THE IRRIGATION, THOSE TYPE OF THINGS, IF IT'S A BUSINESS TYPE OF THING, IF THE VARIANCE IS SHOWING THAT IT'S REALLY NEEDED BECAUSE IT'S ESSENTIAL VERSUS NONESSENTIAL , THE INTENT ISN'T TO TRY TO RESTRICT PEOPLE UNLESS YOU REALLY GET TO A REALLY BAD SITUATION TO SAY YOU CAN DO YOUR DISHES, YOU CAN'T WASH

HER CLOTHES. >> THAT WOULD BE LIKE STAGE

FOUR. >> IF HER AT THAT POINT I THINK IS GOING TO BE ONE OF THOSE ONES WHERE IT'S KIND OF A DIRE THING WERE OKAY YOU HAVE TO REALLY TRY TO CUT BACK AND SAY YOU CAN ONLY GET A CERTAIN -- YEAH, IT'S PROBABLY A SITUATION WHERE IT'S PRETTY DIRE DEFINITELY.

[01:50:04]

>> JUST A QUICK EXAMPLE, SO IF AND SUSIE GAVE ME THIS PLANT AND IT REMINDS ME OF AUNT SUSIE AND SHE PASSED AWAY AND I'VE GOT IT OUT IN MY FRONT YARD, YOU'RE SAYING HEY, EVEN WITH THESE RESTRICTIONS YOU CAN GO OUT THERE AND MAKE SURE AUNT

SUSIE'S PLANT -- >> IT'S REALLY GOING TO BE BASICALLY THE HOSE AND WE ALSO ALLOW FOR DRIP IRRIGATION,

THOSE TYPE OF THINGS AS WELL. >> OKAY, I APPRECIATE THAT.

>> WHAT IS THE AVERAGE OPERATING LEVEL ?

>> THE NORMAL POOL IS 522. SO, IT IS A SIX FOOT DROP.

>> WHEN YOU LOOK IF YOU GUYS LOOK AT THE LAST 20 YEARS, 50 YEARS, HOW MANY DROUGHTS DO WE HAVE ON AVERAGE PER DECADE?

>> SO WHEN I CAN ANSWER IS IN MY TIME HERE AND GOING BACK AND LOOKING , NOT TO KNOCK ON WOOD BUT I'VE SEEN IT DROP FOUR FEET AND WE STARTED GETTING READY AND KIND OF LOOKING AT THINGS AND WE END UP HAVING A BIG RAINFALL WHEN IT WAS ABOUT EIGHT FEET IN ABOUT A WEEKS TIME.

>> SINCE YOU BEEN HERE WE HAVE NOT HAD AN ACTIVE DROUGHT?

>> NO, SIR. >> THAT'S A LONG TIME. YOU'VE BEEN HERE A LONG TIME. AS LONG AS I CAN REMEMBER.

>> AM ALWAYS TOLD DON'T TALK ABOUT IT.

>> SO WE NEVER EVEN HAD A DUCTION?

>> NO, SIR. >> SO, IF WE WERE TO HAVE A REDUCTION, IT SOUNDS LIKE IT MIGHT BE 5%? THAT KIND OF WHAT WE WOULD SEE ON AVERAGE? EVEN IF IT IS MORE SEVERE?

>> THAT WOULD BE THE START. THE ONE THING THAT IS A LITTLE BIT UNIQUE IS WE HAVE TWO DIFFERENT SOURCES SO WE'VE ALWAYS KIND OF LOOKED AT THAT BECAUSE THAT'S BEEN OUR LONGEST BUT IF SOMETHING HAPPENS IN EAST TEXAS AND CEDAR CREEK WERE MISSION CHAMBERS DROPPING BELOW 25%, THEN YOU WOULD HAVE THEM IMPLEMENTING THE DROUGHT CONTINGENCY. WE DO HAVE THE FLEXIBILITY IF FOR SOME REASON JOE POOLE WAS NOT AT THE SAME LEVEL WE CAN KNOCK OFF 5% FROM TRW D AND CONTINUE TO TAKE AND

NOT IMPLEMENT OUR STAGE ONE. >> IF WE GOT 5% ON THE LIGHT SIDE, IS THE LIKELIHOOD SINCE THE TRW D , IT'S GOING TO BE

LIKELY THE SAME -- >> THERE'S A GOOD CHANCE BUT SOMETIMES EAST TEXAS GETS MORE AND, SOMETIMES WERE ON A DIFFERENT LEVEL. I CAN TELL YOU LAST YEAR, TRW D, THE LAST YEAR THEY WERE LOOKING AT POSSIBLY HAVING TO GO IN OCTOBER OR NOVEMBER AND HAVING TO GO INTO STAGE ONE . WE WERE LOOKING AT JOE POOLE AT THE TIME AS BEING THAT LOW.

>> DID I READ IT CORRECTLY THAT IF WE WERE GOING TO GO TO OUTDOOR WATERING SCHEDULE TWICE PER WEEK LET'S SAY, OR EVEN ONCE PER WEEK, WE'VE GOT A DEMAND REDUCTION OF FIVE TO 10%. SO THERE'S NO WAY BECAUSE WHAT I'VE ALWAYS LOOKED FOR AND SADLY I HAVE BEEN MISINFORMED OVER ALL THESE YEARS, I THOUGHT WE HAVE ALL THIS WATER CAPACITY SO IF WE HAVE A DROUGHT, OUR FOLKS WOULD STILL BE ABLE TO JUST CARRY ON LIFE IS NORMAL BECAUSE IT'S NOT NECESSARILY SO. WE CAN HAVE 30 MGD'S AND IF WE ARE USING 18 , IF WE GET THIS CONTINGENCY PLAN, WE CAN'T SAY WE HAVE AN EXTRA 12. WE HAVE GOT TO START IMPLEMENTING, CORRECT?

>> SO, IS THERE A WAY SINCE WE HAVE ALL THE CAPACITY AND WE'RE ONLY TALKING A REDUCTION OF FIVE TO 10%, WHICH I'M SURE IS SIZABLE, THERE'S NOT A WAY THAT WE COULD HAVE AN ADDITIONAL STORAGE CAPACITY OR WATER TOWER THAT CAN HOLD THE WATER THAT WOULD SUPPLY ONLY THE FIVE TO 10% FOR US TO

CARRY ON A NORMAL LIFESTYLE? >> NORMALLY WAS GOING TO HAPPEN IS IF TRWD OR TRA TRIGGERS WE HAVE TO TRIGGER STAGE ONE. SO THE ISSUE YOU RUN INTO IS IT'S GOING TO BE WHAT'S BEING

PULLED OUT OF THE LAKE, RIGHT? >> HERE IS WHAT I WAS GETTING AT. LET'S SAY THERE WAS A WAY IN THE FUTURE, I DON'T KNOW WHAT THE COST INVOLVED IS BUT JUST FROM THE APPLICATION PROCESS, WE CAN BE RUNNING A WATER TOWER OF WHAT WE NEEDED IF WE EVER GOT TO THAT POINT, AND IT MAY BE IT WON'T EVEN WORK THE POSSIBILITY. TO WHAT WE HAD EXCESS STORAGE WE HAVE GOTTEN IN THE SITUATION AND WE ONLY NEEDED 5 TO 10% MORE, THAT CAN BE USED TO KIND OF RESTORE WITHOUT IT BEING A DRAIN ON WHAT WE ARE ALSO DOING FOR OUR CITIZENS, WHO ARE EXPERIENCING A BENEFIT OF ALL OF OUR ASSET-BASED WATER CAPACITY. IS THAT EVEN POSSIBLE? OR A WATER TOWER SO EXPENSIVE THAT IT'S A PIPE DREAM?

>> A QUICK EXAMPLE, THE NEW ONE THAT'S BEEN BUILT, IT'S -- EACH TIME IT'S 2 MILLION, RIGHT? IT'S ABOUT A $9 MILLION INVESTMENT. $9 MILLION . IT'S 2 MILLION GALLONS, I'M SORRY.

[01:55:06]

>> WHAT IS 5%? >> IN THE SUMMERTIME I THINK WE WERE DOING ABOUT 18 1/2 MILLION .

>> OKAY SO YOU ARE TALKING ALMOST ONE MGD A DAY.

>> RIGHT. >> JUST CLARITY, THE DISTINCTION BETWEEN COMMERCIAL AND RETAIL , I'M SORRY, COMMERCIAL RETAIL AND INDUSTRIAL, WHAT IS THE CRITERIA FOR BEING INDUSTRIAL VERSUS RETAIL?

>> I THINK ON THIS AND I'M GOING TO HAVE TO GO BACK, IT PROBABLY GOES BACK TO -- LISTING THE INDUSTRIAL SEPARATE FROM THE COMMERCIAL, SO AGAIN THAT'S --

>> SO WHAT CONSTITUTES INDUSTRIAL AND WHAT CONSTITUTES

COMMERCIAL? >> TYPICALLY IT'S GOING TO BE GOING THROUGH A PROCESS , IT'S MORE INDUSTRIAL. WHEN YOU'RE LOOKING AT THE REAL PORT AREA WITH THE USES THAT ARE THERE.

I CAN TELL YOU THAT AS PART OF THE DATA CENTER I THINK THE NUMBER WAS ROLLED INTO THE COMMERCIAL GOING BACK TO A NONDISCLOSURE AGREEMENT AND JUST HAVING THE VOLUMES LISTED

OUT. >> I WOULD THINK WITH THIS IT

WOULD HAVE TO BE. >> ONE THING WE CAN LOOK AT IS AGAIN, THERE'S A WAY TO TRACK. WE CAN LOOK AT IT'S SHOWING AT REAL PORT INDUSTRIAL. IF WE CAN ROLL THAT BACK INTO THE SHOW, IT IS TRULY INDUSTRIAL AT THIS POINT BECAUSE THERE ARE OTHER USERS TO BE ABLE TO SHOW THE BUFFER

BETWEEN. >> OKAY, THANK YOU FOR THE

[2024-117]

PROVIDE DIRECTION TO STAFF. >> REALLY FOLLOWING UP IN REGARDS TO THE WATER CONSERVATION PLAN, SO AFTER 2019, THE ADOPTION OF THE UPDATE COUNCIL ADOPTED AN ORDINANCE THAT DEALT WITH LANDSCAPE AND LAWN WATERING CONSERVATION MEASURES. SO THIS IS THE ACTUAL ORDINANCE THAT IS HERE NOW. A LOT OF IT IS DEALING WITH WASTEWATER MAKING SURE THE IRRIGATION BROKEN HAS ARE FIXING OR NOT ALLOWING WATER TO SPREAD ON AREAS THAT ARE IMPERVIOUS AS WELL AS THE ONE MAIN THING REALLY WAS GOING TO BE LOOKING AT THE TIME FRAME . WE HAD A WATER RESTRICTION TIMEFRAME FROM JUNE 1ST TO SEPTEMBER 30TH OF LIMITING IRRIGATION BETWEEN 10 AND SIX.

IN THE SUMMERTIME. THAT'S WHERE YOU HAVE A LOT OF EVAPORATION TAKING PLACE AND THAT'S WHERE YOU HAVE A TENDENCY TO LOSE A LOT OF YOUR WATER , SO THAT'S CURRENTLY IN PLACE NOW SO THE THOUGHT WAS AGAIN KIND OF GOING INTO THIS, MY RECOMMENDATION WOULD BE IF WE DO WE TAKE IT IN SMALLER STEPS AND NOT JUMP IN WITH DOING A BUNCH OF IMPLEMENTATION JUST IN ONE PARTICULAR YEAR. SO, WE DID GO TO THE UTILITY ADVISING BOARD BACK IN MARCH AND WE DID HAVE SOME ITEMS TO TALK ABOUT. THESE WERE SOME OTHER POTENTIAL CONSERVATION MEASURES THAT WERE DISCUSSED WITH THE BOARD AT THE TIME, SO ONE WAS TO AMEND THE WATERING TIME RESTRICTIONS TO PROHIBIT IT BETWEEN 8:00 A.M. AND 8:00 P.M. WHAT WE WERE SEEING AND I'M HOPING THIS LAST SUMMER ISN'T GOING TO BE THE NORM, BUT WE ARE SEEING A 10:00 AT NIGHT IT WAS ALMOST 100 DEGREES. YOU STILL ARE HAVING A LOT OF WATER BEING LOST TO EVAPORATION EARLY IN THE MORNING. WAS GETTING REALLY HOT REALLY FAST. ONE OF THE THINGS AGAIN THAT WE SEE IS THAT THERE'S REALLY A PEAK THAT HAPPENS EARLY IN THE MORNING AND SO I THINK I WENT BACK AND LOOKED AND WE HAD TWO DAYS , ONE IN AUGUST AND ONE IN SEPTEMBER WHERE OUR MAX PRODUCTION COMING FROM THE PLANT WAS 18.4 MILLION GALLONS PER DAY. HOWEVER, THERE WERE TIME PERIODS WHERE THEY WERE PUSHING ABOUT 22 MILLION PER CERTAIN HOURS BECAUSE THAT'S WHEN THE PEAK WAS HITTING WITH EVERYBODY IRRIGATING EARLY IN THE MORNING AND SO THAT'S WHERE YOU SEE YOUR BIG DIFFERENCE. THE OTHER THOUGHT WAS AGAIN LOOKING AT LIMITATION OF TWICE PER WEEK WATERING SCHEDULE, THE ONE OPTION WOULD BE TO DO THE SAME THING, DO THAT FROM NOON TO SEPTEMBER, THE SAME AS WE ARE DOING WITH THE TIME RESTRICTIONS , TALKED ABOUT INTIMATING YEAR-ROUND RESTRICTIONS TWICE PER WEEK AND THAT CAN BE YEAR-ROUND WHICH AGAIN RIGHT NOW TRWD ISN'T REQUIRING IT, THEY ARE RECOMMENDING IT AT SOME POINT BECAUSE WE DO BY ROW WATER FROM THEM, THEY CAN LOOK FOR US TO START LIMITING THAT TYPE OF PRACTICE AS WELL. WE DID TALK ABOUT RESTRICT COMMENTS OPEN SPACE AREAS DURING THE SUMMER MONTHS. ONE OF THE THINGS WE SAW JUST HAPPENED TO HIT WAS THERE WERE A LOT OF DEVELOPMENTS WHERE THEY WERE HAVING A LOT OF OPEN SPACE THAT THEY CAME IN AND THEY CONCEDED

[02:00:01]

>> THE CURRENT WATERING SCHEDULE DURING THE SUMMER

MONTHS. >> WE DON'T HAVE ONE. WE JUST HAVE IT FROM THE TIME FRAMES WHAT'S REALLY GOING TO BE FROM 10:00 A.M. TO 6:00 P.M. YOU CAN IRRIGATE. FROM THAT POINT, THAT'S ONE OF THE THINGS WE WERE JUST SAYING IS WHAT YOU DOING ON YOUR DESIGN, YOU BUILD YOUR PLANT IN YOUR INFRASTRUCTURE TO BE ABLE TO ACCOUNT FOR YOUR PEAK DAY USE WHICH IS TYPICALLY YOUR SUMMER MONTHS AND IT'S GOING TO BE IRRIGATION SO THE THING THAT HAPPENS AND I HAVE YOU TALK ABOUT IS YOU SMOOTH IT OUT WOULD BE IF YOU HAVE -- THERE'S NOTHING WRONG WITH BEING ABLE TO IRRIGATE. JUST WHEN EVERYBODY IS IRRIGATING AT THE SAME TIME. IT GIVES OPERATIONAL CAPACITY ISSUES TO THE SYSTEM WHERE IT COULD SMOOTH IT OUT INSTEAD OF THE ENTIRE CITY IRRIGATING, YOU HAVE HALF OF YOUR CUSTOMERS IRRIGATING. THAT CUTS THE RESIDENTIAL PEAK AT LEAST IN HALF. YES, SIR. WE CAN LOOK TO FACE THESE IN. GET PEOPLE PREPARED AND PLANNING FOR IT .

IS NO IMMEDIATE ACTION TODAY. JUST TO PROVIDE DIRECTION FOR

MIKE AND HIS TEAM. >> I DON'T SEE ANY PROBLEM WITH ANY OF THAT OTHER THAN THAT -- SO A CURRENT PROBLEM, WE WOULD NEED TO START RESTRICTION TO TWO TIMES A WEEK WERE ITALY TO GET A CONSERVATION MOVEMENT.

>> IS TO START GETTING PEOPLE PREPARED AND PLANNING FOR --

>> I GUESS WHAT I WOULD SAY IS I WOULD BE MORE PRONE -- I MEAN, I'VE ALWAYS VIEWED THIS AS THOUGH WE ARE BLESSED TO HAVE THIS WATER, AND IT'S PART OF THE BENEFIT OF WHAT WE PAY TAXES FOR. IT'S ONE OF OUR BLESSINGS TO LIVE IN THIS COMMUNITY. ARE YOU CONSIDERING THIS FROM THE ADDITIONAL STRAINS YOU ARE SEEING PUTTING ON OUR PRODUCTION

INFRASTRUCTURE? >> PART OF IT IS BUT REALLY WITH THE EXPANSION ON THE PLANT THAT WE HAVE GOING ON, WE ARE LOOKING TO HAVE IT IN BEFORE HOPEFULLY SOMETIME THIS SUMMER SO THE INTENT WOULD BE WE HAVE ANOTHER 12 MILLION THAT'S ACTUALLY A LITTLE MORE THAN THAT.

>> IS AN EXPANSION OF WHAT I WOULD CALL BACK PLAN. WE HAVE TWO WATER TREATMENT PLANTS. HAVE A CHEMICAL FACILITY, A

CHEMICAL TREATMENT . >> THE MEMBRANE PLANT AND THE

CONVENTIONAL . >> BASICALLY THE STATES RATED THAT WITH THE EXPANSION AT 26 --

>> THAT'S HAPPENING RIGHT NOW TOO. EXPENDED IT ONCE AND NOW THIS IS THE SECOND. WE JUST REPLACED THE UNDER DRAINS WITHIN THE FILTERS , BUT THERE'S NO EXPANSIONS. HE

TALKED ABOUT -- >> THAT REALLY REQUIRES A PARALLEL LINE TO REALLY GET THE FULL EXPANSION OUT OF THAT?

>> YES, SIR. >> MY TAKE ON IT WOULD BE I DON'T KNOW. I KIND OF WOULD LIKE TO SEE IF YOU ARE THAT CONCERNED ABOUT PUTTING ADDITIONAL BEARING ON OUR INFRASTRUCTURE, PRODUCTION INFRASTRUCTURE, PEOPLE CAN STILL WATER MORE THAN TWO TIMES A WEEK AT THE LINE ITEM ONE TIMELINE BUT ONCE THEY GOT TO SO MANY GALLONS , THEY'RE PLAYING A SURPLUS COST TO GET TO DO THAT.

>> YOU, SO WE HAVE TO INCREASE THE BLOCK RECORD AS YOU GO UP ON YOUR USE, THE DOLLAR PER THOUSAND DOES GO UP . ONE OF THE THINGS REALLY TOO IS WHEN YOU LOOK AT ULTIMATELY KIND OF THE ULTIMATE PLAN I THINK IS JUST LOOKING AT IT FROM THE STAFF SIDE, IT'S NOT SO MUCH LOOKING AT IT FROM -- HOPEFULLY THIS SUMMER WITH THE EXPANSION OF WHERE WE ARE AT THIS . IN TIME, IT'S REALLY LOOKING AT IF WE HAVE THE ABILITY TO SAY WE DON'T HAVE TO EXPAND THE PLANT FOR ANOTHER FIVE YEARS, WE DON'T HAVE TO GO THROUGH AND DO SOME OF THESE IMPROVEMENTS BECAUSE WE ARE NOT HAVING A HE CAPTAINS IN THE SUMMERTIME BECAUSE EVERYBODY'S IRRIGATING AT THE SAME TIME, THAT GIVES US SOME ABILITY TO SAY WE CAN PUT OFF SOME OF

[02:05:04]

>> SO WHAT IS -- HOW ARE YOU PROJECTING OUT, YOU'RE PROJECTING OUT ON OUR GROWTH IF IT WERE TO CONTINUE THAT THE CURRENT EXPANSION THAT'S IN PLACE IN THE NEXT YEAR OR TWO, I DON'T SEE HOW WE ARE EVER GOING TO HAVE A TIME TO SIT BECAUSE OUR WATER IS ONE OF OUR GREATEST ASSETS THAT WE JUST NEED TO CONTINUE TO BE AHEAD ON THAT.

>> I WOULD AGREE FOR SURE. THE INTENT IS WERE NOT ALWAYS GOING TO PLAN. WE ARE DOING A LONG-RANGE WATER SUPPLY AND DEMAND STUDY UPDATE RIGHT NOW AS WE SPEAK. WE ARE CONTINUING

TO LOOK AT THAT. >> ALL RIGHT, THANK YOU.

>> I THINK I SIDE WITH YOU, PERSONALLY. NOT TO TOO MUCH RESTRAINTS ON IT CURRENTLY FOR THIS YEAR. THAT'S MY FEEDBACK.

FROM THE LAST ITEM, ON THE SAME TOPIC, WHEN WE GOT AN EMERGENCY SITUATION AND WE ARE IN A DROUGHT, I'M 100% ON BOARD, WHATEVER WE'VE GOT TO DO TO MAKE IT WORK. IT'S AN EMERGENCY SITUATION. I THINK WHEN WE ARE NOT IN THAT, TO ECHO SOME OF THE SENTIMENTS MIKE SAID, I THINK THE SECOND ONE IS WHAT I'M MOST CONCERNED ABOUT BECAUSE I FEEL LIKE THAT'S A REAL TANGIBLE RESTRICTION THAT I DON'T KNOW IF I'M READY TO GET ON BOARD WITH, BUT I DEFINITELY LIKE THE MEASURES YOU GUYS ARE LOOKING AT, AND THE PREPARATIONS AND ALL THAT. THAT'S THE ONLY ONE THAT I'M A LITTLE HESITANT ON PERSONALLY.

>> YOU ARE GOOD WITH THE FIRST ONE? ANY OTHER COMMENTS OR

FEEDBACK FROM MIKE? >> OKAY.

[2024-118]

>> THANKS, MIKE. OPENING ITEM 2024-118. REVIEW, DISCUSS AND PROVIDE DIRECTION TO STAFF ON REQUEST FROM THE CITY OF GRAND PRAIRIE PERTAINING TO TRENTON PROVIDING WATER SERVICE TO PROPERTIES CURRENTLY LOCATED WITHIN GRAND PRAIRIE'S EXTRATERRESTRIAL JURISDICTION BUT WITHIN MIDLOTHIAN'S EXISTING DAILY CERTIFIED WATER SERVICE AREA.

>> THIS ITEM WAS BRIEFLY DISCUSSED AT THE LAST CITY COUNCIL MEETING SO WE DID RECEIVE A REQUEST FROM THE CITY OF GRAND PRAIRIE. I THINK IT'S A TWO FOR ONE . THERE'S AN AREA THAT IS LOCATED OUTSIDE OF OUR CITY LIMITS BUT LOCATED WITHIN A PORTION OF -- THAT FALLS WITHIN GRAND VERY SEE TJ. WOULD PROVIDE THE INDUSTRIAL USE , AND WOULD PROVIDE FOR ALL OTHER USES. IT'S REALLY KIND OF A TWO FOLD QUESTION AS WE HAVE A CURRENT WHOLESALE CONTRACT WITH GRAND PRAIRIE WHERE IT'S UP TO 2 MILLION GALLONS PER DAY AVERAGE. GRAND PRAIRIE IS ASKING IF MIDLOTHIAN WOULD BE WILLING TO SELL AN ADDITIONAL ONE CD. I THINK IT'S A QUESTION FROM GRAND PRAIRIE IN REGARDS TO MIDLOTHIAN WANTING TO BE THE WHOLESALE OR RETAIL PROVIDER TO ALLOW THEM TO BE THE RETAIL PROVIDER WITHIN AN AREA OF THAT CCN THAT IS OUTSIDE OF OUR CITY LIMITS BUT APPARENTLY GOING TO BE IN THEIR

CITY LIMITS. >> ANYBODY TO SPEAK ON THIS

CASE? COUNCIL? >> NO QUESTIONS, NO COMMENTS,

NO MOTIONS. >> I WILL MAKE A MOTION.

>> MY DIRECTION IS NO TO GIVING UP ANY MORE WATER.

>> I CONCUR WITH THAT. I DON'T SEE THE CITY OF GRAND PRAIRIE OPERATING WITH GOOD FAITH WITH US ON SEVERAL DIFFERENT LEVELS IN THE LAST YEAR. I'M NOT IN FAVOR OF THIS. I'M NOT FAVOR OF GIVING THEM ACCESS TO OUR WATER AT

ALL, EVER. >> ANYBODY ELSE?

>> I'M NOT IN FAVOR OF THE SAME.

>> OKAY. ANY FURTHER COMMENTS? NOW VOTING JUST TO GIVE

DIRECTION. >> THANK YOU, COUNCIL.

[EXECUTIVE SESSION]

>> ALL RIGHT. COUNCIL WILL CONVENE ITS EXECUTIVE SESSION PRESENTED THE FOLLOWING SECTION OF THE TEXAS GOVERNMENT CODE EXECUTIVE SESSION ITEMS ARE DISCUSSED AT THE CLOSE SESSION BUT ANY AND ALL ACTION WILL BE TAKING AN OPEN SESSION.

TONIGHT WE WILL BE REVISITING SECTION 551.072, REAL ESTATE,

[02:10:01]

PROPERTY LOCATED NEAR HIGHWAY 67 IN MIDLOTHIAN. SECTION 551.074 PERSONAL MATTERS TO DELIBERATE THE APPOINTMENT OR EMPLOYMENT OF A PUBLIC OFFICER OR EMPLOYEE , A COMMUNITY SERVICES MANAGER. AND LAST BUT NOT LEAST, SECTION 551.074 PERSONAL MATTERS TO DELIBERATE THE DUTIES OF A PUBLIC OFFICER OR EMPLOYEE, THE CITY MANAGER.

OPEN SESSION FROM EXECUTIVE, TWO OF THE ITEMS HAVE NO ACTION HOWEVER THERE IS ONE ITEM THAT DOES HAVE ACTION.

>> MAKE THE MOTION TO AUTHORIZE THE CITY MANAGER TO GO ABOVE THE MIDPOINT FOR THE POSITION OF COMMUNITY SERVICE MANAGER.

OKAY, WE HAVE A MOTION. DO WE HAVE A SECOND? ALL IN FAVOR, PLEASE VOTE. IT PASSES 4-5, 5-2.

* This transcript was compiled from uncorrected Closed Captioning.