Nov 12, 2024 City Council

[Call to Order, Pledges, and Invocation]

[00:00:08]

>>> IT IS 6:00 P.M. AND WE HAVE A CORAM A CITY COUNCIL. I WILL CALL TO ORDER THE MEANING OF TUESDAY, NOVEMBER 12, 2024. WE WILL START OFF WITH THE INVOCATION AND THE PLEDGES.

FATHER WE COME BEFORE YOU IN THIS FINAL MEETING AT THE CITY HALL WHERE WE SAY THANK YOU FOR THIS FACILITY. THANK YOU FOR COMMUNITY LEADERS WHO ESTABLISHED THIS FACILITY ALL OF THOSE YEARS AGO TO CARE FOR THE NEEDS OF THE CITIZENS.

THANK YOU FOR THIS FACILITY AND WE LOOK TO THE NEXT GENERATION IN THE NEXT CITY HALL. PLEASE LEAD, GOVERN, AND HELP US TO LEAD AND GOVERN WELL AS WE ATTEMPT TO REFLECT YOUR -- IN OUR COMMUNITY. THANK YOU FOR OUR FIRST RESPONDERS AND LET TONIGHT BE A GOOD NIGHT FOR ALL OF THEM . PROTECT THEM AS THEY LEAD AND SERVE OUR CITY. THIS EVENING WE GIVE YOU THIS MEETING IN CHRIST'S NAME, WE PRAY.

>> ÊI 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.Î

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

>> THANK YOU, ALL . AS YOU CAN TELL THERE IS A BIT OF A BUZZ IN THE ROOM. A BIT MORE ENERGY THAN USUAL BECAUSE WE ARE ACKNOWLEDGING THAT THIS IS THE FINAL CITY COUNCIL MEETING TO TAKE PLACE WITHIN THESE CHAMBERS. THE COMMUNITY AND OF THE COUNCIL ARE EXCITED ABOUT THE PROSPECT OF MOVING ACROSS THE STREET TO THE NEW CITY HALL. BEFORE I OPEN IT UP, IF I COULD TAKE A MOMENT, I WOULD LIKE TO MAKE A FEW COMMENTS IN REGARDS TO THE CURRENT FACILITY THAT WE ARE SITTING IN AS WE LOOK TOWARDS THE BEAUTIFUL NEW FACILITY ACROSS THE STREET THAT OUR STAFF HAS WORKED SO HARD TO EXECUTE. THIS IS THE LAST MEETING OF THE CITY COUNCIL IN THESE CHAMBERS THIS EVENING AND THIS IS THE LAST OF NEARLY 700 MIDLOTHIAN CITY COUNCIL MEETINGS THAT HAVE HAPPENED HERE. I HAVE BEEN INVOLVED IN MORE THAN 700 IN THESE CHAMBERS. 28 YEARS AGO IN 1996 IS WHEN WE OPENED UP THE COUNCIL CHAMBERS AND TERESA OSBORNE WAS THE MAYOR. THE POPULATION WAS 7500 RESIDENTS.

WE MOVED INTO THE BUILDING WE ARE SITTING IN NOW FROM THE BUILDING ACROSS THE STREET THAT THEN BECAME THE OLD FIRE STATION NUMBER ONE BECAUSE THEY HAD RUN OUT OF SPACE.

PREVIOUSLY THIS BUILDING WAS A DRESS MANUFACTURING FACILITY CALLED SUN CITY THE RENOVATION OF THIS BUILDING WAS ACCOMPLISHED BY OUR PUBLIC WORKS DEPARTMENT AND AN ARMY OF EMPLOYEES, CITIZENS, AND MEMBERS OF THE BUSINESS INDUSTRY THAT STEPPED FORWARD THROUGH THE SPIRIT OF VOLUNTEERISM. FROM 1996 THROUGH 2007 THIS BUILDING WAS THE SHARED OFFICES WITH THE CITY OF MIDLOTHIAN AND SOME OF THE ROOMS IN THE BACK WERE THE OLD JAIL CELLS. THE POPULATION NOW IS ALMOST 43,000 PEOPLE. ON FRIDAY, IRONICALLY, CITY HALL WILL MOVE BACK ACROSS THE STREET TO THE NEW MIDLOTHIAN CITY HALL. ON THAT DATE BUSINESS WILL BE CONDUCTED IN THE NEW HUB ACROSS THE STREET. THERE IS SO MUCH TO SAY BUT WE WILL WAIT UNTIL THE GRAND OPENING ON DECEMBER 7 AT 10:00 A.M. UNTIL THEN I WOULD LIKE TO ACKNOWLEDGE OUR PAST LEADERSHIP, PAST MAYORS, THEY HAVE FORMED A STRONG FOUNDATION TO BRING US TOWARDS A BRIGHT FUTURE. WITH THAT BEING SAID , I WOULD LIKE TO INVITE THE POLICE CHIEF TO COME UP. I'M

[00:05:06]

[2024-434]

>> MAYOR AND COUNCIL, THANK YOU FOR HAVING ME. A FLASHBACK, JUST AS A KID, MY MOM WORKED HERE WHEN THIS BUILDING WAS SUN CITY THEN SHE WENT ACROSS THE STREET TO TILLY'S WHERE WE LEARNED ABOUT EVERYTHING HAPPENING IN TOWN. SO, OBVIOUSLY PROGRESS MEANS CHANGE AND SOME OF THOSE MEMORIES WILL ALWAYS BE HERE FOR ME BUT THANK YOU FOR THE OPPORTUNITY TO COME BEFORE YOU TONIGHT. I WILL LEAD WITH OF THE RECOGNITION THAT YOU ARE ABOUT TO HEAR, THIS IS FOR AN INDIVIDUAL IN AWE OUR ORGANIZATION THAT DREADS THE FACT THAT HE WILL BE RECOGNIZED FOR THIS. AND, IT IS AN HONOR FOR ME TO PRESENT THREE PEOPLE FROM METHODIST MANSFIELD THEY WOULD LIKE TO RECOGNIZE SOME EXTREMELY UNSELFISH BEHAVIOR AND AN ACT ON THE PART OF CAPTAIN RYAN HUDSON. KAREN AND ANGEL.

>> THANK YOU, CHIEF AND THANK YOU FOR ALLOWING US A COUPLE OF MINUTES TONIGHT AND THANK YOU FOR GIVING AWAY THE WHOLE STORY. WE ARE HERE ON BEHALF OF METHODIST MANSFIELD AND WE ARE FROM THE COMMUNITY HEALTH AND SAFETY COUNCIL AT THE HOSPITAL.

ONE OF THE THINGS THAT WE DO PERIODICALLY IS WE GIVE AWAY AN AWARD AND FOR THIS ONE WE DID NOT HAVE TO LOOK FAR BECAUSE SOME OF US KNEW WHO OUR COMMUNITY HEALTH HERO WAS. I WOULD INVITE CAPTAIN HUDSON FORWARD TO COME UP HERE AND, RYAN, PLEASE BRING YOUR FAMILY. AND RYAN, DO YOU WANT ME TO TALK OR DO YOU WANT TO TALK ABOUT WHY YOU WANT TO BE HERE.

I HAVE HAD THE PLEASURE OF KNOWING RYAN FOR QUITE SOME TIME. HE REACHED OUT IN APRIL AND HE SAID, KAREN, THERE IS AN WOMAN IN OUR AREA THAT NEEDS A KIDNEY TRANSPLANT AND NOBODY IS STEPPING UP. IN HER FAMILY THERE WASN'T ANYONE WILLING TO BE TESTED AND HE SAID, I THINK I MIGHT WANT TO DO THAT SO I ANSWERED THE LIMITED QUESTIONS THAT I COULD ANSWER AND LOW AND BEHOLD HE TURNED OUT TO BE A PERFECT MATCH FOR HER KIDNEY. I DON'T REMEMBER THE EXACT DATE. JUNE 26. HE DONATED A KIDNEY TO A LADY THAT LIVES NEAR MIDLOTHIAN AND EVERYTHING HAS GONE PERFECTLY. TO ALL OF US, THAT IS A VERY SELFLESS ACT. HE SAVES LIVES AS A FIREFIGHTER AND PARAMEDIC BUT TO GO ABOVE AND BEYOND INTO GIVE PART OF HIS BODY TO SOMEBODY THAT HE DOES NOT EVEN KNOW, WE FEEL LIKE THAT NEEDED TO BE RECOGNIZED. IS THERE ANYTHING THAT YOU WOULD LIKE TO SAY? I

KNOW, PROBABLY NOT BUT, >> A HUGE THANK YOU TO KAREN.

WHEN I STARTED THIS PROCESS, EVERYTHING WAS GOING GOOD THEN THE DOOR WAS SLAMMED SHUT. SHE WAS ABLE TO REACH OUT TO SOME DOCTORS THAT SHE KNEW WITH METHODIST DALLAS AND THEN THE DOORS WERE OPENED UP AGAIN AND A SLIM CHANCE AND I WAS A

MATCH. >> SO, WE HAVE AN AWARD FOR YOU. IT IS THE COMMUNITY HEALTH REWARD. THE RECIPIENT IS STILL DOING GREAT SO SOME THINGS ARE JUST MEANT TO BE THEN THE FACT THAT THE DONATION TOOK PLACE IN METHODIST HOSPITAL, IT ALL JUST KIND OF CAME TOGETHER. AND THE FACT THAT THE MONTH OF APRIL IS ACTUALLY ORGAN DONOR AWARENESS MONTH, IT TIED IN. THANK YOU

[00:10:07]

>> KAREN TAUGHT ME IN PARAMEDIC SCHOOL AND SHE WAS ALREADY 35 BACK THEN.

REED AND COLE. WHEN YOU SIGN UP TO BE A FIREFIGHTER IT IS TO SERVE YOUR COMMUNITY AND WE HAVE ALL GIVEN BLOOD, SWEAT, AND TEARS. WE HAVE LOST LOST TIME WITH FAMILY. IT IS A SACRIFICE THAT HE AND ALL OF THE MEMBERS OF THIS ORGANIZATION MAKE ON A DAILY BASIS TO SERVE THIS COMMUNITY BUT THE DIFFERENCE THAT SEPARATES WHAT YOUR DAD DID FROM US AT THIS POINT IS I HAVE NEVER BEEN ABLE TO SAY THIS BUT, VERY FEW OF US IF ANY HAVE HAD TO HAVE THE OPTION OR THE ABILITY TO GIVE A PHYSICAL PART OF US TO SOMEBODY SO THAT THEY CAN HAVE A BETTER QUALITY OF LIFE AND THAT IS THE EPITOME OF DOING THE RIGHT THING AND BEING UNSELFISH SO IF YOU COULD JUST MIRROR A LITTLE BIT OF WHAT YOUR DAD HAS DONE FOR OTHERS, YOU WILL HAVE A GREAT LIFE AND SO MANY OPPORTUNITIES. I WANT YOU TO KNOW HOW PROUD I AM OF YOUR DAD AND HOW PROUD YOU SHOULD BE OF YOUR DAD AND IF YOUR DAD SAYS DO IT, YOU BETTER DO IT. SO, COUNSEL, I AM VERY PROUD OF, WHEN SOMEBODY ON THE STREET SAYS, I NEED A KIDNEY, SAY, GOOD FOR YOU AND THEY KEEP ON GOING RYAN RAN TOWARDS THAT. I AM SURE IT WAS HARD ON HIS WIFE UNDERSTANDING HOW YOU WOULD GIVE UP A BODY PART AND THE FEAR THAT THAT WOULD BRING. HE HAS NEVER BACK AWAY FROM IT . HE ACCEPTED THE CHALLENGE AND KNEW THAT GOD WAS WITH HIM AND THE ABILITY TO HELP OTHERS. I AM THANKFUL TO HAVE HIM AS PART OF OUR ORGANIZATION. AND I KNOW HE HATES ME FOR SAYING ALL OF THOSE THINGS. THANK YOU FOR ALLOWING US TO RECOGNIZE RYAN.

>>

>> RYAN, YOU ARE SIGNING A WAIVER TO PUBLISH A PICTURE. IS THAT OKAY?

>> CONGRATULATIONS.

>> I OFTEN SAY IN THE PUBLIC YOU CAN MEASURE THE HEALTH OF THE COMMUNITY BY ITS ABILITY TO CARE FOR ITS CITIZENS AND IT IS ACTS LIKE THAT THAT PROVED THAT THE CITY OF MIDLOTHIAN TAKES

[00:15:03]

TIME. >> THIS PAST WEEKEND I GOT TO BE AN ATTENDEE AT THE AMATEUR BASEBALL ASSOCIATION AND IT WAS PART OF THEIR FINAL TOURNAMENT AND I WOULD LIKE TO GIVE A SHOUT OUT TO THAT ORGANIZATION AS WELL AS THE PARKS AND REC DEPARTMENT BECAUSE EVERYTHING FROM THE FACILITIES TO THE ORGANIZATION OF THE GAMES AND JUST THE EXPERIENCE FOR ALL OF THESE KIDS, IT IS A REALLY COOL THING. I GOT TO WATCH THAT, AS A DAD, BEING THERE FOR THOSE GAMES. WE HAVE ONE OF THE BEST REC ASSOCIATIONS. SO A SHOUT OUT TO EVERYBODY INVOLVED IN KEEPING THOSE FACILITIES NICE AND EVERYBODY ORGANIZED. IT WAS

REALLY COOL. >> WE HAD A FANTASTIC VETERANS DINNER LAST NIGHT AND THANK YOU TO THE PARKS AND REC DEPARTMENT FOR PUTTING THAT EVENT ON AS WELL AS THE COMMUNITY VOLUNTEERS. I WOULD LIKE TO RECOGNIZE THE FIGHTING JAGUARS.

I HAD A FRIENDLY THAT WITH THE MAYOR OF RED OAK OVER WHO WOULD WIN THE GAME AND WE CAME OUT ON TOP AND AS WE SIT HERE RIGHT NOW THE MAYOR IS CONDUCTING A MEETING WEARING A PANTHERS HAT.

SO BE SURE TO SUPPORT OUR LOCAL SCHOOLS AND THE LAST THING, PEOPLE ASK ME ALL THE TIME ABOUT THINGS TO DO BUT NOW YOU HAVE A BASKETBALL TEAM RIGHT HERE IN YOUR OWN TOWN SO BE

SURE TO GO AND SUPPORT THEM. >> THE ONLY THING I WANT TO ADD IS A SHOUT OUT TO ALL OF THE CITY STAFF . EVERYBODY IS WORKING REALLY HARD TO GET ALL OF THE BOXES MOVED SO THANK YOU FOR ALL OF THE HARD WORK AND TRY NOT TO STRESS. THANK YOU.

>> I DECEMBER 9 WE WILL BE MOVING INTO THE CITY HALL, AS I UNDERSTAND IT. CAN WE SHARE THE TIME WITH THE PUBLIC?

>> DECEMBER 7 AT 10:00 IS WHEN THE GRAND OPENING OF THE FACILITY WILL OCCUR SO THAT IS WHEN ALL OF THE FESTIVITIES WILL START. THERE WILL BE FESTIVITIES THROUGHOUT THE DAY SO BE SURE TO JOIN US FOR THE GRAND OPENING AND CHRISTMAS FESTIVITIES ALL DAY ON DECEMBER MURDER -- DECEMBER 7. THANK YOU

[2024-435]

[CONSENT AGENDA]

CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY SECRETARY PRIOR TO THE ITEM BEING OPEN FOR DISCUSSION. SEEING NO ONE WE WILL MOVE ON TO THE CONSENT AGENDA. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE

CONSIDERED SEPARATELY. >> I WOULD LIKE TO PULL ITEM

438. >> MOTION TO APPROVE THE

[2024-438]

CONSENT AGENDA WITHOUT 438. >> SECOND.

>> WE WILL OPEN NOW 438 AND THAT IS CONSIDER AND ACT UPON A RESOLUTION ADOPTING THE COVERED APPLICATIONS AND PROHIBITED TECH KNOWLEDGE POLICY WITH -- WHICH BANS TO TALK FROM ALL CITY-OWNED AND ISSUED DEVICES IN ACCORDANCE WITH NEW

[00:20:01]

>> THIS IS REQUIRED . >> SO, THE QUESTION I HAVE IS DO WE ALLOW OTHERS SOCIAL MEDIA APPLICATIONS ON CITY DEVICES AND IS THIS ONLY SPECIFIC TO TIKTOK ?

>> IT IS ONLY TOO TALK OR ANYTHING THAT IS RELATED TO DANCEBYTE. THERE IS AN ANNUAL REVIEW PROVIDED THAT COULD PROVIDE ADDITIONAL ACTS OR PROHIBITED ITEMS.

>> ADDITIONAL ITEMS BEING PROHIBITED?

>> YES . >> ANY OTHER QUESTIONS?

>> MOVED TO APPROVE. >> SECOND.

>> PLEASE VOTE. THE ITEM PASSES, 6-1. WE WILL MOVE ON TO

THE PUBLIC HEARINGS. >> DO WE HAVE A MOTION TO

CONTINUE THE PUBLIC HEARINGS? >> ITEM NUMBER 445, THE

[2024-446]

>> THANK YOU. WITH THIS REQUEST, THIS IS IN THE MIDWEST INDUSTRIAL PARK AREA AND ADJACENT TO THE DRIVEWAY AND IT HAS THAT THE RAILWAY RUNNING BEHIND IT. THE PROPERTY IS ABOUT 3.5 ACRES. THE REASON IT IS IN FRONT OF YOU TONIGHT IS IN 2008, A SPECIFIC USE PERMIT WAS ISSUED ALLOWING FOR TEMPORARY TRUCKS AND TRAILERS AND ON-SITE FLEET MAINTENANCE.

THEY WERE APPROVED FOR EVERYTHING IN 2008 OTHER THAN THE ON-SITE MAINTENANCE BUT, STAFF WAS RECENTLY MADE AWARE THAT THERE IS SOME PARKING THAT WAS OCCURRING ON THE GRAVEL THAT SHOULD NOT HAVE. SO WE LEARNED THEY WERE NOT SUPPOSED TO BE DOING ON-SITE FLEET MAINTENANCE BUT IN 2016, WHILE IT DOES NOT SPECIFICALLY SAY FLEET MAINTENANCE, IT DOES ALLOW -- WHICH IS WHAT THEY DO. ALL OF THAT TO SAY, TO HELP BRING EVERYTHING INTO CONFORMANCE. WE BRING FORWARD THIS REQUEST FOR THE SPECIFIC USE PERMIT THAT WOULD MAKE THE FLEET MAINTENANCE ALLOWED AND BASICALLY DO WHAT THEY HAVE BEEN DOING BUT, THEY NEED TO BE DOING PARKING, MANEUVERING, AND STORAGE ON CONCRETE. IN THIS SUP THERE IS NO VARIANCE TO THAT. GENERALLY SPEAKING, THIS GIVES YOU AN IDEA OF THE CURRENT CONDITION. SO WHAT THEY WILL DO, TO THE EAST, THAT IS WHERE THEY WANT TO BRING IN MORE CONCRETE AND TO DO TEMPORARY STORAGE OF THE TRUCKS AND TRAILERS SO THEY WOULD ASK

[00:25:02]

YOU HAVE QUESTIONS FOR THEM. >> ASIDE FROM THE APPLICANT, DID ANYBODY SIGN UP TO SPEAK? WITH THAT I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> SO MOVED. >> SECOND.

>> PLEASE VOTE. THAT PASSES, 7-0. THE APPLICANT MAY COME AND MAKE A PRESENTATION OR JUST STAND FOR QUESTIONS. THAT IS UP TO YOU. COUNSEL, QUESTIONS OR COMMENTS? ANY DISCUSSION?

>> MY ONLY QUESTION IS, I AM FINE WITH ALL OF THIS BUT IT REFERENCES THE -- WHAT ABOUT THE ONE THAT WE JUST PASSED?

>> I AM ASSUMING THIS IS IN COMPLIANCE WITH THE ONE THAT WE

JUST FINISHED. >> THE NEW ONE WOULD ENVISION THE REGIONAL MODULE BUT, WHEN THEY APPLIED, THEY APPLIED AT THE TIME OF THE INDUSTRIAL MODEL AND THAT WAS NOT PART OF

THE LIGHT INDUSTRIAL ZONE. >> SEEING NO OTHER QUESTIONS, I

WILL ENTERTAIN A MOTION. >> SO, WE HAVE SMALLER SHRUBS ON THE STREET SIDE OF THE FENCE? OR THE BACKSIDE?

>> I BELIEVE THAT IS ON -- >> THE EXISTING SHRUBBERY IS INSIDE OF THE FENCE. SO YOU ARE ARE YOU PUTTING SHRUBS IN FRONT

OF THE SHRUBS? >> THE EXISTING WOULD NOT BE THERE SO MOVING TO THE EAST. IT SHOULD BE CONSISTENT.

>> I WAS SEEING THEY HAD VEGETATION BEHIND THE FENCE ALREADY I THOUGHT IT WOULD BE INAPPROPRIATE TO PUT MORE IN

FRONT. >> THAT SHOULD BE THE FENCING, STREETSIDE AND LANDSCAPING ON THE INTERIOR. AS IS ALREADY

CURRENTLY INSTALLED. >> OKAY. QUESTIONS OR COMMENTS?

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

>> SECOND. >> PLEASE VOTE. THE ITEM

[2024-447]

2428, 2468, 2498, AND 2628. >> SO, WITH THIS REQUEST, THIS WOULD BE HALF A MILE OR SO WEST OF MIDLOTHIAN PARKWAY . SO,

[00:30:10]

IF SOMEBODY CAME IN AND WANTED TO DO SOMETHING WITH THE PROPERTY UNDER GENERAL PROFESSIONAL THEY WOULD HAVE TO GET THE SITE PLAN AMENDED BY ALL BUT THERE WOULD NOT BE SOME EXISTING BUILDINGS. THE APPLICANTS ARE AWARE OF THESE TECHNICAL ISSUES GOING INTO DEVELOPMENT AND AS I UNDERSTAND IT THIS IS THEIR WAY OF TRYING TO START SOMETHING THAT WITH THE RIGHT TIMING AND RATE DEVELOPER IF OTHERS WERE TO JOIN IN, MAYBE THIS PROPERTY BECOMES SOMETHING THAT COULD DEVELOP INTO SOMETHING LIKE NEIGHBORHOOD SERVICES OR GENERALLY SPEAKING, COMMERCIAL. ONE OF THE TECHNICAL ISSUES HERE ALSO IS WHERE YOU SEE THE COLOR RED , THIS IS THE AREA WHERE THE APPLICANTS LIVE AND THIS YELLOW LINE IS ROUGHLY WHERE , AND THIS IS A MOCKUP, THIS YELLOW LINE IS ROUGHLY WHERE THE NEW PROPERTY LINE WOULD BE AND THE BLUE SHADED AREA REPRESENTS A BONES BUNCH OF EASEMENTS THAT NEED TO BE PROVIDED FOR AND THE NARROWEST LOT AFTER ACQUISITION WOULD PROBABLY BE 15 FEET DEPTH. OVER HERE ON CAULKINS RUN THESE PROPERTIES ARE ABOUT 160 FEET DEEP SO AGAIN, IT GOES TO THE IDEA THAT IN AN IDEAL WORLD THIS PERSON WOULD WANT TO JOIN AND THIS PERSON. IF ALL OF THOSE WERE GOING TO JOIN IN, YOU WOULD PROBABLY HAVE A PRETTY FUNCTIONAL AREA BUT ONE OF THE PROPERTY OWNERS DID EXPRESS BUT THEY HAD CONCERNS ABOUT LEGAL NONCONFORMING BECAUSE THEIR HOUSE IS NOT BEING DEMOLISHED SO FOR THEM IT COULD POSE CONSEQUENCES SO THEY ARE HANGING BACK AND WAITING TO SEE HOW THIS PLAYS OUT THAT THERE HAS BEEN INTEREST IN OTHER PEOPLE JOINING INTO THAT.

THE PROPERTY OWNERS ARE HERE AND WOULD BE HAPPY TO ANSWER QUESTIONS. WE DID NOT HAVE OPPOSITION FROM THE LETTERS THAT WE SENT OUT AND THE PLANNING AND ZONING VOTED TO APPROVE. IN AN IDEAL SCENARIO YOU WOULD HAVE MORE PROPERTIES

[00:35:07]

IS A SPECULATIVE . >> THIS IS A PUBLIC HEARING. IS ANYBODY SIGNED UP TO SPEAK? SO, WE WILL ENTERTAIN A MOTION TO

CLOSE THE PUBLIC HEARING? >> MOVED TO CLOSE THE PUBLIC

HEARING. >> SECOND.

>> WE HAVE A MOTION AND A SECOND. PLEASE VOTE. THE MOTION PASSES. IF ANYBODY IS HERE TO SPEAK PLEASE COME FORWARD.

PLEASE INTRODUCE YOURSELF AND STAY WHETHER OR NOT YOU ARE A RESIDENT OF THE CITY. I ASSUME YOU ARE. WE WILL GO FROM THERE.

>> MY NAME IS ALEX -- AND I DID SPEAK WITH THE RESIDENTS OF 571 AND THEY ARE INTERESTED. THEY HAVE NOT EXPRESSED TO THE CITY THAT THEY ARE BUT IF THIS GOES THROUGH THEY MAY WANT TO JOIN AS WELL. THIS IS A HUGE BURDEN ON ALL OF US. I THINK THE BIGGEST THING IS WE KIND OF WANT TO MOVE FORWARD AND THE WAY WE MOVE FORWARD IS WE SEE HOW WIDE THE ROAD WILL BE I HAVE A NINE-YEAR-OLD AND I DEFINITELY THINK WITH THE TRAFFIC THERE, THERE WOULD BE A FUTURE FOR OPPORTUNITIES FOR MORE COMMERCIAL BUILDING ON THE OTHER SIDE OF TOWN.

>> THANK YOU . >> ANY OTHER QUESTIONS?

>> NO. >> WHY DON'T YOU COME BACK UP.

COUNSEL, DO YOU HAVE QUESTIONS FOR STAFF? WESTERNS OR

COMMENTS? >> WHAT DOES THIS DO TO US AS FAR AS BUY RIGHT , BUILDING PERMITS, AND THINGS ALONG THOSE LINES. IT HAS TO COME BACK IN?

>> CORRECT. >> I THINK IT IS A GOOD START AND I THINK THERE ARE SOME KEY PROPERTIES THAT WOULD NEED TO BE BROUGHT IN. I THINK THE VIRGINIA BOULEVARD INTERSECTION THAT CONTINUES SOUTH WOULD BE THE KEY PLACE WHERE THERE COULD BE A LIGHT AT SOME POINT IN THE FUTURE. I THINK THAT WOULD BE INTEGRAL TO VIABLE NONRESIDENTIAL DEVELOPMENT THERE. I DON'T HAVE ANY PROBLEM WITH THE CONCEPT. THIS IS PART OF THE COMPREHENSIVE CPAS CLOSER TO WHERE PEOPLE LIVE AND I THINK THAT IS AN AWESOME THING BUT, I THINK BEFORE IT GOES ANY FURTHER

THERE ARE SOME PIECES MISSING. >> I AM IN THE SAME BOAT. I WOULD LIKE THE NEIGHBORS TO HAVE THOSE CONVERSATIONS ABOUT HITTING THAT EXPANDED BECAUSE THAT WOULD BRING MORE VALUE TO THAT SEGMENT BUT I SEE THIS AS A STEP ONE TWO ACCOMPLISHING THAT. WITH THAT UNLESS THERE ARE FURTHER COMMENTS I WOULD

MAKE A MOTION TO APPROVE. >> SECOND.

>> PLEASE VOTE. THE ITEM PASSES, 7-0. MOVING ON TO THE

[2024-448]

MAIN STREET. >> A RESTAURANT WILL BE LOCATED AT THE NORTHERN PORTION OF THE BUILDING AND THERE IS NOT SPACE ON-SITE BECAUSE THE BUILDINGS IN THE DOWNTOWN AREA GO ALL THE WAY TO THE PROPERTY LINE. IT REQUIRES AN AGREEMENT TO DO

[00:40:06]

>> DOES ANYBODY WISH TO SPEAK? >> IS IT ABOVE OR UNDERGROUND?

>> ABOVE. >> SO THEY WILL ACTUALLY PUT IT

IN A PARKING SPACE? >> WE WILL LOSE TWO PARKING

SPACES. >> THERE WILL BE BOLLARDS TO KEEP PEOPLE FROM PARKING ON THE GREASE TRAP AND , THERE REALLY IS NOWHERE ELSE TO PUT THEM. THERE REALLY IS JUST PARKING.

BALLY WAY TO THE WEST IS NARROW IT IS 13 AND IT HAS UTILITIES.

>> SO, I AM CURIOUS HOW THEY DID IT FROM THE ALLEYWAY JUST TO THE EAST OF THAT BECAUSE THERE THERE IS WATER THERE AND THERE ARE GREASE TRAPS BEHIND THAT.

>> IT IS A WIDER ALLEY IS ALL. THIS ONE IS 12 OR 13.

>> IT IS WHAT IT IS. I JUST WONDERED.

>> SO, WHAT KIND OF AN ENCLOSURE WITH THIS GREASE TRAP

BE ? >> IT IS ALL BELOW GROUND AND THERE WOULD BE A LID , COMMERCIAL GRADE LID.

>> BEING AROUND SOME OF THE GREASE TRAPS THAT I HAVE BEEN AROUND THAT ARE NOT WELL MAINTAINED I AM A BIT CONCERNED. THERE SEEMS TO BE A LOT OF MESS AROUND GREASE TRAPS. HOPEFULLY WITH THAT SIDEWALK AND ALL THAT WILL TIE IN

IT? >> THERE WILL BE BOLLARDS AND

EVERYTHING WILL BE UNDERGROUND. >> I UNDERSTAND THAT PEOPLE CAN DRIVE OVER IT BUT IT IS SO WELL CONCEALED AND NO GREASE WOULD

GET SLOP AROUND? >> NO.

>> PEOPLE WOULDN'T SMELL IT OR ANYTHING?

>> IT IS ONE OF THOSE THINGS WHERE, HYPOTHETICALLY, IF MAINTAINED CORRECTLY IT IS NOT SUPPOSED TO HAVE ANY KIND OF ADVERSE EFFECT AND IF ANYONE DOES HAVE SOME KIND OF REACTION TO IT THEY WOULD CALL THE CITY AND WE WILL GO OUT AND MAKE SURE IT IS BEING PROPERLY MAINTAINED.

>> SO THIS IS TIED INTO DOWNTOWN AND HOW WE WANT TO BE PERCEIVED IT IS , IT WILL BE A CLEAN HEALTHY GOOD ENVIRONMENT.

>> YES, SIR. >> THANK YOU.

>> WHAT HAPPENS IF IT IS NOT APPROVED?

>> I DON'T KNOW HOW THE RESTAURANT OPERATES WITHOUT A

GREASE TRAP. >> IT SERVICES THE ENTIRE

BUILDING? >> IT SERVICES THE RESTAURANT

ON THE NORTH SIDE. >> OKAY.

>> I WAS GOING TO SPEAK TO MIKE'S POINT. LOOKING AT THE DRAFT AGREEMENT IT DOES REQUIRE THAT THE LICENSEE MUST MAINTAIN IT IN A GOOD -- SOMETHING IN THERE IF IT IS NOT WELL MAINTAINED THAT YOU LOSE YOUR RIGHT .

ITALIAN RESTAURANT THAT IS ADVERTISED? ARE THEY GOING TO COME BACK FOR ANOTHER GREASE TRAP?

>> I BELIEVE THEY WILL, WHEN THEY COME BACK FOR THE BUILDING PERMIT THEY WILL REQUEST ANOTHER GREASE TRAP.

[00:45:01]

>> BY ALL MEANS I AM NOT OPPOSED TO RESTAURANTS HAVING GREASE TRAPS BUT INSTEAD OF HAVING SIX GREASE TRAPS IS IT THAT HER TO CONTINUE THIS ITEM AND FIGURE OUT A PLAN FOR THE ENTIRE BUILDING THAN HAVING GREASE TRAPS ALL OVER THE

PLACE? >> I THINK WE COULD. WE HAVE BRAINSTORMED ABOUT IT INTERNALLY BUT WE HAVE NOT GOTTEN THE APPLICANT -- WELL, IT IS NOT EVEN THE APPLICANT.

IT IS THE OWNER OF THE BUILDING THAT WE ARE DISCUSSING THIS WITH. BECAUSE, YOU HAVE GOT , I'M GOING TO SAY 75 YARDS BETWEEN TWO RESTAURANTS. THE NORTH SIDE AND THE SOUTH SIDE.

LET'S JUST TAKE LAWSON FOR THE SAKE OF ARGUMENT. THERE IS 75 YARDS AND THERE IS A LOT OF UTILITIES. IT IS AN EXISTING BUILDING AND IT IS HARD TO NAVIGATE THAT GEOGRAPHICAL SPACE IF YOU WOULD LIKE WE CAN GO BACK TO THE DRAWING BOARD AND CONTINUE TO WORK TOWARDS THAT BUT, TO YOUR POINT, THERE IS THE POTENTIAL OF 2-3 GREASE TRAPS FOR THE BUILDING.

>> I WAS ON COUNSEL WHEN THEY APPROVED IT AND WE KNOW WE APPROVED TWO RESTAURANT GREASE TRAPS, SO WAS SET NOT PART OF

THE MASTER PLAN? >> THERE ARE UTILITIES AT THE SOUTHSIDE AND A LITTLE UTILITY AT THE NORTH SIDE. SO YOU ARE CUTTING SLAB. THE BUILDING FOOTPRINT GOES EXACTLY TO THE

PROPERTY LINE. >> THAT IS JUST WORKING ON

EASEMENT ACCESS WITH US. >> THAT IS RIGHT. AND IT GOES BACK TO WHAT MARY SAID ABOUT THE ALLEY IS LITTERED WITH UTILITIES AND UTILITY EASEMENTS. WE CAN GO BACK AND WE MAY END UP BEING BACK WITH THE SAME REQUEST BUT AT THE SAME TIME WE CAN GO BACK AND GET WITH THE PROPERTY OWNER AND

SEE WHAT OPTIONS WE HAVE. >> MY BIGGEST FEAR IS, THEY'RE SUPPOSED TO BE AN EIGHT FOOT AND A FOUR FOOT SIDEWALK AND I'M ASSUMING WE ARE SUPPOSED TO DO IT FOOT SIDEWALKS ON MAIN

STREET. >> THEY MAY NOT BE ABLE TO LOCATE THERE BECAUSE IT IS A TXDOT ROADWAY .

>> TO MARYS POINT, THIS IS A MANHOLE. I THINK YOU PROBABLY PASS THROUGH THEM QUITE A BIT IN A DAY AND YOU DON'T KNOW IT. IF THEY ARE WELL-MAINTAINED NOBODY KNOWS THE DIFFERENCE BETWEEN A REGULAR MANHOLE AND A GREASE TRAP.

>> THERE IS ONE THAT I PASS ALL THE TIME AND I KNOW AND THEY TRY TO DRESS IT UP BUT YOU DEFINITELY KNOW WHAT YOU ARE PASSING. I DON'T WANT TO HOLD IT UP . I HAVE NO PROBLEM WITH THE GREASE TRAPS BUT IT WOULD BE NICE IF WE COULD MASTER PLAN

THIS BETTER. >> THINKING ABOUT THE LOCATION OF THAT, RIGHT THERE IS THE MAIN PARKING AREA FOR THE CITY HALL. WE INTEND THAT TO BE PEDESTRIAN FRIENDLY AND VERY WALKABLE PART OF DOWNTOWN AND I WOULD LIKE TO ADD IN SOME KIND OF LANGUAGE RELATED SPECIFICALLY TO NOT JUST STATE OF REPAIRING AND SIGHTLY CONDITIONS. I WOULD LIKE TO HAVE THAT ENUMERATED IN THERE SO WE HAVE THE ABILITY TO SAY

THAT YOU WILL MAINTAIN THAT. >> I THINK THAT MIGHT BE COVERED WITHIN CITY LAW. WE COVER NOXIOUS ODORS. THIS IS A RIGHT TO TERMINATE THE CONTRACT. SO, ONE A LEMONADES THEIR ABILITY TO CONTINUE TO OPERATE VERSUS JUST A $500

[00:50:01]

>> I NEED TO BE EDUCATED ABOUT GREASE TRAPS. HOW DOES THE GREASE GET THERE? DOES IT GO DOWN THE DRAIN FROM SOMEWHERE?

>> I WILL DEFER TO ANYBODY THAT IS MORE OF AN EXPERT.

>> WITHIN THE GREASE TRAP IT TRAPS IT IN TRANSIT TO LIQUID.

>> SO THERE WILL POSSIBLY BE RESTAURANTS IN THE MIDDLE REGION OF THIS BUILDING AND IF THEY WANT A GREASE TRAP, THE

MIDDLE REGION IS WRONG. >> I KNOW WHAT THIS IS BUT WHAT HAPPENS WHEN JOHNNY BURRITO COMES IN AND WANTS TO PUT A

RESTAURANT IN THE MIDDLE. >> IT REALLY DEPENDS ON HOW THIS IS SIZED AND HOW THE UTILITIES COULD RUN OUT THERE.

IF IT IS UPHILL OR DOWNHILL YOU MIGHT NEED A PUMP TO GET IT

THERE. >> SO IS IT A REQUIREMENT THAT THE GREASE TRAP MUST BE EXTERIOR TO THE BUILDING?

>> THIS IS THE ONLY OPTION. WE DID ASK. WE TALKED TO OUR BUILDING OFFICIAL AND BECAUSE VENTILATION REQUIREMENTS IT HAS

TO BE. >> I GUESS WHAT I AM ASKING, I ASSUMED ALL OF THIS TIME THERE WOULD BE PROCESSES FOR CONTAINMENT. POSSIBLY ABOVE GROUND AND IT COULD BE PUMPED THERE AND YOU WOULD HAVE A PUMP UP THE BACK OF THE BUILDING AND THE GREASE TRAP EXTRACTOR TRUCK COMES AND SUCKS ALL OF THE GREASE OUT OF THERE. HOW WILL WE DO THAT IN THE BUILDING? THERE HAS GOT TO BE A SEPARATE SYSTEM.

>> I COULD BE WRONG. >> YOU JUST EXPLAINED A PRETTY COMPLICATED PROCESS THOUGH. BUT THERE ARE WAYS TO RUN PIPES AND HOMES WITHIN EACH OF THOSE DAYS AND THERE WOULD BE A GREASE TRAP PLUG THAT YOU COULD HOOK INTO. I AM JUST ASKING. I AM HAPPY TO GO ALONG WITH WHATEVER COUNSEL WOULD LIKE TO DO .

>> I AM ASSUMING JIMMY'S PIZZA HAS ONE. AND SO, I WOULD ALMOST RATHER IT BE ABOVE GROUND . I KNOW I WAS WORKING WITH ANOTHER PROPERTY OWNER THAT MAYBE PUMP IT OVER THERE?

>> WE CAN EXPLORE THOSE THINGS. >> SO MAYBE STOP COULD GO BACK TO THE DRAWING BOARD AND COME UP WITH SOME SOLUTIONS?

>> I WANT TO BE CLEAR THAT I DON'T HAVE A PROBLEM.

>> WHY DON'T WE MAKE A MOTION TO CONTINUE THIS ITEM.

>> THANK YOU. >> MIKE, DO YOU MIND GRABBING ANNA? WE WILL OPEN ITEM 2024-449, CONSIDER AND ACT UPON

[2024-449]

>> GOOD EVENING MAYOR AND COUNCIL AND THANK YOU FOR THE OPPORTUNITY TO SHARE THIS WITH YOU AND ASK YOU TO CONSIDER TO HONOR THE OFFICER REFERRED TO FOR MONTHS FOR HIS SERVICE TO THE COMMUNITY AND HE MADE THE ULTIMATE SACRIFICE NEARLY 38 YEARS AGO. I WAS AT THE ACADEMY WHEN THAT HAPPENED SO I REMEMBER IT WELL. I REMEMBER THE INTENSE MANHUNT THAT WENT ON AND IT AFFECTED OUR COMMUNITY AND THE ENTIRE CLASS THAT WE WERE A PART OF. WE ACTUALLY HAD A MIDLOTHIAN FIRE OFFICIAL IN THAT CLASS. THIS IS THE OPPORTUNITY TO PAY ATTENTION EVERY TIME PEOPLE DRIVE INTO THAT FACILITY. WE

[00:55:05]

OUR COMMUNITY WOULD APPRECIATE. >> THANK YOU. WOULD ANYBODY

ELSE LIKE TO SPEAK ON THIS? >> I UNDERSTAND THERE ARE SOME COMMENTS TO REVIEW ON THE CASE. I WILL SPEAK FOR MYSELF. THERE HAS BEEN A LOT OF ADVOCACY ON SOCIAL MEDIA REGARDING THIS ISSUE, WHICH I APPRECIATE. I WANT TO MAKE THE PUBLIC AWARE THAT THIS IS ALSO ON THE DEPARTMENT RADAR AND THEY ARE EQUALLY IF NOT MORE PASSIONATE ABOUT HONORING THIS GENTLEMAN AS WELL SO, I AM PERSONALLY EXCITED ABOUT IT AND LOOK FORWARD TO CONTINUING TO FIND WAYS TO HONOR THESE PEOPLE .

>> IS IT JUST THE PORTION OF THE ROAD THAT IS NORTH OF

EIGHTH STREET? >> IT IS THE ORIGINAL DRIVE USED TO GET TO THE POLICE DEPARTMENT AND THEY CHANGED THE SERVICE ROADS. THEY DID NOT HAVE A DRIVEWAY THERE UNTIL TXDOT COVERED OVER THE SERVICE ROAD. THERE WAS ALWAYS A STUB THERE BUT IT WAS NOT NAMED. IT CONTINUES ACROSS THE HIGHWAY SO IT IS AN UNNAMED ACCESS ROAD. WE ALWAYS TALKED ABOUT NAMING IT TO HONOR GEORGE AND WHEN WE STARTED TALKING ABOUT THE NEW BUILDING , WE KIND OF PUT THINGS OFF UNTIL WE GOT TO THIS POINT WHERE WE KNEW WHAT THAT WAS GOING TO LOOK LIKE AND IT SEEMS TO FIT. I TALKED WITH THE FIRE CHIEF AND HE SUPPORTS IT AS WELL. AND HE AGAIN, HE APPRECIATES THE EFFORTS THAT WE ARE GOING TO MAKE TO HONOR ALL FIRST RESPONDERS AT THE

MEMORIAL. >> I AM VERY MUCH IN FAVOR OF WHAT WE ARE TALKING ABOUT BUT YOU MADE A COMMENT ABOUT THIS BEING PHASE 1. CAN YOU FLESH THAT OUT A BIT?

>> DALLAS AND AUSTIN HAD STARTED INITIATIVES WHERE THEY ARE RECOGNIZING FIRST RESPONDERS FROM THEIR HOME CITIES AND AGENCIES OUTSIDE OF THE CITY ITSELF. SOME OF THESE CITIES ARE REFERRED TO THESE AS TOPPERS. IT IS A MEMORIAL STATEMENT ABOUT THE OFFICER AND THEIR END OF WATCH AND WHERE THEIR SERVICE WAS. A FRIEND OF MINE FROM HULTON CITY FAILS THESE TYPES OF REQUESTS THROUGH A REGULAR AGENDA ITEMS SAYING THIS IS AN OFFICER THAT DIED HERE . THIS IS JUST AN OPPORTUNITY TO RECOGNIZE POLICE OFFICERS, FIREFIGHTERS, AND PEOPLE JOKE ABOUT IT BEING A SUBSTATION FOR THE LAW ENFORCEMENT ENVIRONMENT BUT I KNOW IT WILL BE APPRECIATED BY A LOT OF OUR CITIZENS BECAUSE THEY HAVE FAMILY AND FRIENDS WHO ARE FIRST RESPONDERS SO WE WILL CONTINUE TO RESEARCH AND WE WILL BRING THAT TO YOU AS WE MOVE FORWARD.

>> COMMENTS OR A MOTION? >> I WILL MAKE A MOTION BUT I

[01:00:09]

APPROVE. >> MOTION TO APPROVE AND A SECOND. PLEASE VOTE. THE ITEM PASSES, 7-0. ITEM 2024-450,

[2024-450]

>> THIS IS MINE BUT ALSO THE CHIEFS AND WE HAVE BEEN TALKING ABOUT THIS SINCE UP PUBLIC SAFETY FACILITY WAS ENVISIONED.

BUT HAVING THE MEMORIAL OUT THERE, THIS IS A PORTION OF THE PUBLIC SAFETY BUILDING. THE FIRE DEPARTMENT IS RIGHT HERE BUT HAVING A MEMORIAL RIGHT HERE, THIS CONTRACT IS TO HAVE AN ARCHITECTURAL FIRM WORK WITH AN ART FIRM TO DESIGN THIS MEMORIAL FOR FIRST RESPONDERS SO THIS IS IN THE AMOUNT OF $84,500. $24,500 IS FOR HOEFER WELKER AND THE REMAINDER IS FOR THE MEMORIAL. THE CURRENT ESTIMATED BUDGET IS ABOUT $300,000 FOR THE MEMORIAL. WE DO HAVE, IN THE CONTRACT, WE HAVE MECHANICAL STRUCTURAL. AND

>> IS ANYBODY SIGNED UP TO SPEAK ON THIS? COUNSEL?

>> NO QUESTIONS OR COMMENTS? >> SO THIS COVERS THE DESIGN, THE ENGINEERING, AND WE WILL COME BACK WHEN WE HAVE THE COST

TO CONSTRUCT. >> MOVED TO APPROVE.

>> SECOND. >> PLEASE VOTE. TRAN 20 7-0.

[2024-451]

FOR ENGINEERING DESIGN AND OTHER RELATED PROFESSIONAL SERVICES ASSOCIATED WITH A NEW GROUND STORAGE TANK AT THE AUGER WATER TREATMENT PLANT, WTP NUMBER 2, IN A TOTAL AMOUNT

OF $192,140. MIKE. >> THANK YOU. CURRENTLY WE HAVE 6 MILLION GALLONS WORTH OF GROUND STORAGE AND WHEN IT IS THAT 12 MILLION GALLONS PER DAY THAT IS BASICALLY HALF A DAY WORTH OF STORAGE SO AS WE HAVE EXPANDED THE PLANT THE PLAN HAS BEEN TO COME IN AND ADD ADDITIONAL GROUND STORAGE SO RIGHT NOW, WE ARE GOING TO LOOK AT DOING A 3 MILLION OR 4 MILLION GALLON STORAGE TANK. WHICH WOULD PROVIDE 10 HOURS WORTH OF STORAGE. WE DO HAVE THE FUNDS FOR THIS AND WHEN THE DESIGN IS DONE IT IS PART OF THE STRATEGIC PLAN THAT WE WOULD -- ON THE TANK, WE WOULD BRING THAT BACK TO COUNSEL AND WITH THAT I WOULD BE HAPPY TO ANSWER QUESTIONS.

>> COUNSEL, QUESTIONS OF MIKE? >> DID THE BOARD MAKE A

RECOMMENDATION ON THIS? >> I DON'T BELIEVE WE TOOK THIS ONE TO THE BOARD LAST TIME.

>> OKAY. QUESTIONS OR COMMENTS? >> MOTION TO APPROVE.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. PLEASE VOTE. TRAN 20 7-0. OPENING ITEM NUMBER

[2024-452]

[01:05:05]

>> AS WAS ALLUDED TO WITH THE ADVANCING OF IMPROVEMENTS, ONE OF THE THINGS THAT WE NEED TO DO, WE HAVE OVER THREE MILES OF WATER LANE AND TWO MILES OF SANITARY LINES THAT RUN ALONG FM 1387. THIS IS REALLY JUST LOOKING AT THE FIRST PHASE SO WHAT WE WANT TO DO IS WE WANT TO LOOK AT THE EXISTING FACILITIES OUT THERE RIGHT NOW AND WE WILL DO SOME UPGRADING TO THE LINES NOW BUT ALSO WE NEED TO FIGURE OUT THE BEST LOCATION TO MOVE THEM TO. WE WANT TO SEE IF WE CAN GET OUTSIDE OF TXDOT RIGHT-OF-WAY. WHEN WE MOVE THOSE TXDOT WILL REIMBURSE US FOR THAT. AGAIN, IT IS TO LOOK AT FIGURING OUT THE BEST ALIGNMENT, WHERE TO PUT IT AND WE ARE LOOKING AT , DO WE DO A LIFT STATION TO SAVE ON SHORELINE? I AM NOT SURE WE WANT TO DO THAT BUT SOME OF THE THINGS WE WANT TO LOOK AT BEFORE WE DIVE INTO THE HARD DESIGN. WE HAVE HEARD BACK FROM TXDOT AND THEY ARE LOOKING FOR UTILITIES TO BE CLEAR BY DECEMBER 2027 SO WE DO NEED TO STAY AHEAD OF THIS IF WE CAN.

THEN WE WILL COME BACK WITH A NEW AGREEMENT TO DO THE DESIGN WORK AND A PLAN THAT WE CAN THEN UTILIZE. THIS IS A BUDGETED PROJECT. I WILL ANSWER ANY QUESTIONS.

>> COUNCIL, QUESTIONS? I WILL ENTERTAIN AIM MOTION?

>> MOTION TO APPROVE AS PRESENTED.

>> SECOND. PLEASE VOTE. TRAN 27-0. I AM HAVING A HARD TIME

[2024-453]

$15,000 IN CONTINGENCY. CHIEF. >> MR. MAYOR. BY THE WAY, THE MAYOR IS OVER THERE WEARING HIS HAT .

>> THANK YOU FOR HAVING ME UP AGAIN. I AM ASKING FOR YOUR APPROVAL TO LET ME SPEND ABOUT $253,000 TO REFURBISH ENGINE THREE. DURING THE BUDGET PROCESS WE ASKED FOR CONSIDERATION OF A TAX NOTE WHICH I BELIEVE WAS AUTHORIZED BY COUNCIL UP TO $300,000 AND THAT $253,000 NUMBER INCLUDES A $15,000 CONTINGENCY AND IN ADDITION TO THAT, WHILE THE UNIT IS OUT, WE DO NOT HAVE A RESERVE APPARATUS AND WE WILL HAVE TO RENT ONE. THAT WILL COST A LITTLE OVER $26,000 SO OVERALL WE ARE UNDER $300,000 WITH A LITTLE BIT OF CUSHION IF WE GET INTO THE UNIT AND FIND THERE IS SOMETHING WE MISSED.

THIS WOULD HELP US EXTEND THE LIFE OF THE UNIT BY HOPEFULLY ABOUT SIX YEARS. THIS WILL GO INTO RESERVE STATUS WHEN THE NEW ENGINE IS RECEIVED AND WILL SERVE AS A HIGH QUALITY RESERVE UNIT. DO YOU HAVE ANY QUESTIONS THAT WILL BE DONE?

>> COUNCIL, ANY QUESTIONS OF THE CHIEF? NO QUESTIONS, I WILL

ENTERTAIN A MOTION. >> MOTION TO APPROVE.

>> SECOND. >> A MOTION BY COUNCIL MOORMAN AND A SECOND BY WICKLIFFE . PLEASE VOTE. TRAN 20 7-0. ITEM

[2024-454]

THE YEAR 2025. CHRIS. >> BACK IN SEPTEMBER WE RAN THE NUMBERS AS DID OTHER JURISDICTIONS AND NOW IT IS TIME TO VOTE TO ALLOCATE THOSE 408 VOTES. THE CITY OF

[01:10:10]

FOR ANY REASON. IF YOU CAN'T COME TO A DECISION TONIGHT WE CAN STILL MAKE THE DEADLINE. SO IF FOR ANY REASON YOU NEED MORE TIME, WE CAN PUSH IT TO THE DECEMBER MEETING BUT THAT WOULD

BE THE ABSOLUTE LATEST. >> DO WE HAVE ANY PROJECTION OF IF OTHER ENTITIES HAVE ALLOCATED VOTES?

>> DO WE HAVE SOME OF THOSE? >> IT LOOKS LIKE ALL OF THE VOTES WENT TO RICK KEELER IN -- AND MIDLOTHIAN IS GIVING ALL OF THEIR VOTES TO MR. HEARST. THAT IS NOT VERIFIED.

>> ISD DID GIVE ALL OF THOSE TWO MR. KEILLOR AND THEY NEED 834 VOTES TO GET A POSITION SO THOSE ARE THE ONLY TWO ENTITIES THAT PUT THEM OUT BY THEMSELVES. SO AGAIN IF MIDLOTHIAN ISD GAVE THEM TO MR. HEARST, THEY WOULD BE ON.

>> DO WE NO , IS THAT AN UPCOMING VOTE?

>> I AM PRETTY SURE THAT -- WENT LAST MONTH.

>> NO, MIDLOTHIAN ISD. >> I THINK THEY ARE HAVING A MEETING ON THE 18TH. BUT I DON'T KNOW IF THAT IS ONLY ON

THE TAX ISSUE. >> I THOUGHT YOU SAID --

>> I WOULD LIKE TO RECOMMEND TABLING THIS TO THE DECEMBER MEETING AND TO REASSESS SOME OF THE OTHER ENTITY VOTES AFTER

THEY TAKE PLACE. >> ANY FURTHER DISCUSSION?

>> I PERSONALLY WOULD ADVOCATE , I UNDERSTAND THE LOGIC BEHIND THAT BUT I WOULD LIKE TO ENSURE THAT MR. HEARST HAS ENOUGH VOTES TO GET ON THERE AS HE IS FROM MIDLOTHIAN .

>> THAT IS MY INTENT AS WELL. >> IS EVERYBODY AMENABLE TO MOVING THIS TO DECEMBER?

>> I WILL MAKE A MOTION TO CONTINUE THIS ITEM UNTIL THE NEXT REGULARLY SCHEDULED MEETING. ON DECEMBER 10.

>> WE HAVE A MOTION TO CONTINUE THIS ITEM TO DECEMBER 10. DO I

HAVE A SECOND? >> SECOND.

>> PLEASE VOTE. TRAN 27-0. OPENING ITEM 2024-455, CONSIDER

[2024-455]

>> MAYOR AND COUNCIL, I SENT YOU VIA EMAIL THE AGREEMENTS THAT WE HAVE IN PLACE , THE DRAFT AGREEMENTS THAT WE HAVE AT THAT TIME AND SINCE THIS AFTERNOON WE DID RECEIVE A FEW AMENDMENTS BACK FROM MOUNTAIN PEAK SPECIAL UTILITY DISTRICT.

I GAVE YOU A HANDOUT FOR THE MEETING AND I THINK I WILL JUST WALK THROUGH SOME OF THE CHANGES. MOST OF THEM ARE FAIRLY MINOR BUT IF YOU GO TO PAGE 14 OF THE AGREEMENT YOU WILL NOTICE AT THE BOTTOM OF SECTION 5.1 THAT THEY PUT A NOTE THAT THEY WOULD LIKE THE WELDING TO BE UPDATED TO BE CONSISTENT WITH WHAT OUR SARDIS CONTRACT STATES. MIKE ADAMS

[01:15:09]

I DON'T KNOW THAT WE HAVE A PROBLEM WITH IT BUT WE NEED TO SEE THE MECHANICS OF HOW THAT WILL WORK. I DON'T THINK WE HAVE A HUGE ISSUE WITH IT. WE NEED TO CHECK WITH TRWD. WITH THAT I THINK THE ONLY OTHER CHANGE IS PAGE 24, SECTION 10.3 AND IT JUST SAYS THAT WE ARE ACKNOWLEDGING THAT THE AMOUNT OF WATER THAT THEY DEVELOP YOUR REQUESTED, 3.78 MILLION GALLONS PER DAY, THE REQUESTED IT AT A .3 GALLONS PER DAY TRACKER. WE UNDERSTAND AND WE HAVE TOLD THE DEVELOPER THAT THEY HAVE ASKED FOR LESS THAN THE STATE REQUIREMENT BUT THAT CAN BE MADE UP BY OTHER SOURCES THAN BY MOUNTAIN PEAK . OUR CONTRACT, WE RECOGNIZE LESS THAN THE .3 THAT IS NEEDED SO THIS ALLOWS THE WATER THAT WE ARE SUPPLYING TO BE DISTRIBUTED AMONGST DIFFERENT DEVELOPMENTS AND IF DEVELOPERS CANNOT FIGURE THAT OUT, WE CAN FIGURE OUT HOW TO ALLOCATE THE WATER OUT BETWEEN THEM. I THINK THAT IS A LITTLE LOPSIDED. BUT, IT IS KIND OF UP TO THEM HOW THEY DEAL WITH IT. SO, AGAIN, WE DON'T REALLY HAVE ISSUES. WITH ANYTHING PROPOSED. WE JUST NEED TO ANSWER QUESTIONS FROM THE TRWD ON THE BUILDING SO WITH THAT I WILL ANSWER ANY OTHER QUESTIONS.

>> IS ANYBODY SIGNED UP TO SPEAK ON THIS?

>> THE ONLY QUESTION I REALLY HAVE IS WHAT IF THE TRWD SAYS NO? DO WE HAVE OTHER OPTIONS? DO WE COME BACK TO THIS AND

REEVALUATE? >> I THINK AT THAT POINT WE JUST HAVE TO COME BACK AND REEVALUATE THE LANGUAGE. WE GO BACK AND AGREE ON LANGUAGE MAY BE SIMILAR TO WHAT WE HAD BEFORE. THEY DID NOT LIKE HAVING TO WAIT 30 YEARS THEN WE

[01:20:04]

AND LOOK AT THAT. >> SO, FOR LACK OF BETTER WORDS WE WILL ENTERTAIN AN AGREEMENT AND HOPE THE PARTY WILL CHANGE

THE AGREEMENT AFTERWARDS? >> I WOULD NOT RECOMMEND APPROVING THIS AS WRITTEN. IF YOU ARE INTERESTED IN APPROVING, IF YOU THINK THE BULK OF THIS IS GOOD, YOU WOULD NEED TO GET AN ATTORNEY TO REVIEW THIS. IF YOU ARE NOT COMFORTABLE WITH THAT THEN WE NEED TO PUSH THIS TO ANOTHER

MEETING. >> OKAY.

>> SO, ARE WE INDICATING THAT WE WOULD WANT TO, AS LONG AS TRWD IS GOOD WE ARE GOOD WITH IT? OR DO WE WANT TO SEE WHAT THEIR REQUIREMENTS AND OBLIGATIONS ARE?

>> I THINK WE WANT TO KNOW WHAT WE ARE GETTING OURSELVES INTO, SO TO SPEAK. IF THEY DON'T HAVE A PROBLEM WORKING OFF THE BUILDING, WE CAN FIGURE THAT OUT FAIRLY EASILY, THEN I DON'T THINK WE HAVE A PROBLEM. WE SHOULD NOT HAVE A PROBLEM FIGURING OUT HOW MANY GALLONS WE ARE TRADING FOR THEM. SO, AS LONG AS THAT IS FAIRLY STRAIGHTFORWARD , I THINK WE WOULD BE OKAY WITH IT BUT WE JUST DON'T KNOW HOW THAT WOULD

WORK. >> MY BIGGEST CONCERN IS THIS IS THE FIRST DOMINO OF A MULTIPLE SET OF DOMINOES. I JUST DON'T WANT TO HAVE PROBLEMS WITH SOME OF THE OTHER ISSUES. WE'RE TALKING JUST A PHONE CALL AND THOSE KIND OF

THINGS. >> I WOULD CONSIDER ADDING LANGUAGE THAT IN NO EVENT -- AND I THINK, IF WE COULD JUST MITIGATE WHAT WE THINK THE POTENTIAL HARM IS, IT COULD GET MORE EXPENSIVE FOR US OR WHATEVER AND JUST SAY, YOU CAN DO THIS ANYTIME THAT YOU WANT. WE WILL SIGN THE PAPERWORK TO DO IT BUT WE DON'T WANT IT TO COST THE RESIDENCE A PENNY MORE AND I AM PRETTY CONFIDENT WITH THAT.

>> THAT IS WHAT MIKE AND I TALKED ABOUT. WE JUST NEED TO HAVE A CALL, HOPEFULLY JUST A SIMPLE CALL. WE NEED TO HAVE A MEETING WITH THEM AND SEE IF THEY HAVE DONE IT THIS WAY IN

OTHER JURISDICTIONS. >> SO, WE ARE APPROVING THIS AGREEMENT AND WILL NEGOTIATE SECTION 5.1?

>> YES. >> WE JUST WANT TO MAKE SURE THAT THE CITY OF MIDLOTHIAN WILL NOT BEAR ADDITIONAL COST.

>> -- TO ENTER INTO THE AGREEMENT TREATED WATER TO THE MOUNTAIN PEAK SPECIAL UTILITY DISTRICT AND AN AMENDMENT AND STIPULATING THAT ARTICLE 5 OF THE AGREEMENT REFLECTS CHARGES CONSISTENT WITH SERVICE ALONG WITH BILLING AND PAYMENT METHODS. SO, IT WOULD READ THAT ARTICLE 5 -- BILLING AND PAYMENT METHODS AND I HAVE ALSO ADDED THE CITY OF MIDLOTHIAN SHALL BEAR NO EXPENSE REGARDING THE TRANSFER.

>> MY QUESTION IS, IF THE FIRST HALF OF THIS MOTION IS SAYING

[01:25:10]

THEN -- . >> KEEP IN MIND, I DON'T KNOW THAT IN AND OF ITSELF IS ONLY TALKING ABOUT THE TRWD I THINK WE ARE TALKING ABOUT HOW THE TREATED WATER PIECE -- WE MIGHT BE TALKING ABOUT TWO DIFFERENT THINGS.

>> SO THE WAY IT IS SET UP RIGHT NOW, IT IS OVER A 24-HOUR PERIOD, THEY HAVE TO DO THAT DAY IN AND DAY OUT THE ROUTE THE ENTIRETY OF THE YEAR. THE AVERAGE THROUGHOUT THE YEAR HAS TO BE THIS BASICALLY STAYS CONSISTENT THROUGHOUT THE YEAR FOR THE MOST PART. THERE IS A CERTAIN MAXIMUM AS WELL ON THAT SIDE OF IT AND ONCE YOU GET TO THAT POINT, YOU ARE TAKING IT DAY IN AND DAY OUT AND THERE ARE WAYS TO SUPPLEMENT THAT. IT IS A LITTLE BIT DIFFERENT WHEREAS YOU CAN MAKE IT UP OVER SEVERAL DAYS JUST AS LONG AS THE AVERAGE AT THE END OF THE

YEAR IS EQUAL TO THAT. >> SO, JUST TO BE CLEAR THEN, IT IS TO OUR ADVANTAGE TO DO THIS .

>> WE WANT TO BE CONSISTENT THROUGHOUT THE ENTIRETY OF THE YEAR AND YOU DON'T USUALLY SEE THAT.

>> DISPLAYED HIS CLEANER, EASIER. AND MORE ACCOUNTABLE,

SO TO SPEAK. >> YOU PRETTY MUCH KNOW EVERY

DAY WHAT YOU SHOULD BE TAKING. >> ANY OTHER QUESTIONS OF

STAFF? >> I HAVE A MOTION.

>> THE MOTION IS TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE INTO THE AGREEMENT FOR TREATED WATER TO THE MOUNTAIN PEAK SPECIAL UTILITY DISTRICT BY THE CITY OF MIDLOTHIAN AND AN AMENDMENT STIPULATING THAT ARTICLE 5 OF THE DELIVERY AGREEMENT REFLECTS THE CHARGES FOR WATER CONSISTENT WITH BILLING AND METHOD PAYMENTS. THE CITY OF MIDLOTHIAN SHOULD BEAR NO COST FOR THE TRANSFER OF THE PROVISIONS.

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

>> SECOND. >> WE HAVE A MOTION AND A SECOND. PLEASE VOTE. THE ITEM PASSES, 5-2. OPENING ITEM

[2024-456]

>> THE AGREEMENTS THAT WE SENT OUT LAST WEEK HAVE NOT CHANGED SO THERE ATTORNEYS BACK THERE, THERE WAS NO CHANGES BUT WHAT WE DID GET IS THE PETITION TO COME BACK -- AND IF THIS IS APPROVED THIS OBVIOUSLY WOULD CONSENT TO THE ] WHICH ARE ALL LOCATED WITHIN OUR SCHOOL DISTRICT BOUNDARIES.

THERE ARE SOME OTHERS THAT ARE INCLUDED IN THIS AGREEMENT.

[01:30:05]

QUESTIONS. >> QUESTIONS OR COMMENTS FROM

COUNCIL ? >> I CAN MAKE A MOTION.

>> QUESTIONS OR COMMENTS? >> SINCE THIS IS HALF THE PROPERTY, IT EARMARKS IT FOR NONRESIDENTIAL USE. WHAT IS OUR HAMMER IN THE EVENT THAT SOMETHING GOES SIDEWAYS? THEY START BUILDING HOUSES WHERE THEY ARE NOT SUPPOSED TO. WHAT

IS THE STICK? >> SO, THE DEVELOPMENT AGREEMENT THIS WOULD BE IN VIOLATION OF THE AGREEMENT THAT -- FOR THIS SPECIFIC PERFORMANCES AND CONTRACTUAL LEGAL HAMMERS THEY WOULD HAVE BUT ALSO -- OTHER AGREEMENTS THAT WOULD LIMIT THE USE OF THE WATER FOR SPECIFIC USES.

>> WE WOULD ALSO HAVE THE -- THEY WOULD NOT GET MORE THAN 4300 METERS SO, IF THEY CAN'T GET ANOTHER METER THEY MIGHT TRY TO BUILD HOMES. THEY NEED TO BE RESTRICTED TO 4300

PERIOD. >> ALL OF OUR , THE CITY POWERS, THEY CANNOT BE USED OUT THERE BECAUSE AS FAR AS THE HAMMER, IT IS NOT A CITY POWER HAMMER. SO, ON THE 4300 PERIOD, AND THAT NOT BE AMENDED? IF THEY INCREASE THE 4300 METERS?

>> I THINK WE HAVE TO GIVE CONSENT.

>> ONLY IF WE WERE TO AGREE TO THAT ICE THINK.

>> SO, AT ANY POINT. >> SO THEY COULD ASK FOR 5000

METERS A YEAR FROM NOW. >> SO, WHAT IS THE NEGATIVE IF WE VOID THE -- AGREEMENT AT THIS POINT.

[01:35:02]

>> THERE IS NO RESTRICTIONS ON WHAT THEY HAVE THE ABILITY TO

DO. >> SO WOULD THE APPROVAL OF THE PRIOR ITEM AT THIS MOMENT, WOULD THEY NOT HAVE THE ABILITY

TO -- . >> I BELIEVE IT IS SUBJECT TO

THIS AGREEMENT . >> PREVIOUS AGREEMENTS ARE ONLY

EFFECTIVE UPON --. >> SO IF WE DON'T APPROVE THIS AGREEMENT THAN THEY DON'T HAVE THE WATER TO SUPPLY THE HOMES WHICH WOULD PREVENT THEM FROM MOVING FORWARD WITH 4300 HOMES?

>> I DON'T WANT TO STIPULATE THAT IT WOULD OR WOULD NOT

DELAY THEM. >> IS THERE A SOURCE OF WATER WHERE THEY LIVE? I AM ASKING CHRIS.

>> I DON'T KNOW WHERE MOUNTAIN PEAK SUPPLIES ANYBODY . I REALLY CAN'T SAY BECAUSE I DON'T KNOW WHERE MOUNTAIN PEAK GETS THERE WATER FROM OTHER THAN THE MANSFIELD CONTRACT SO IT IS KIND OF HARD FOR ME TO SAY.

>> THIS AGREEMENT DOES RESTRICT THEM.

>> BUT THEY HAVE TO HAVE THE WATER TO BUILD THE HOMES. AND THAT IS A LOT OF WATER.

>> I WOULD LIKE TO STATE FOR THE RECORD THAT THIS IS NOT THE FIRST TIME THAT COUNCIL IS SEEING THIS ITEM. WE HAVE HAD MULTIPLE DISCUSSIONS AND INTERVIEWS ABOUT THIS DOCUMENTATION SO THESE MULTIPAGE AGREEMENTS ARE NOT JUST BEING BREEZED ACROSS BUT I THINK THAT IF WE , THIS MIGHT DELAY SOME DEVELOPMENT OUT THERE. I LOOK AT IT FROM THE STANDPOINT OF THIS IS AN OPPORTUNITY TO TRACK A PARTNERSHIP THAT IS MUTUALLY BENEFICIAL FOR THE MAXIMUM DENSITY THAT COULD BE REALIZED ALTHOUGH IT COULD BE A FEW YEARS LATER. THIS IS MY HOME AND I AM 44 YEARS OLD AND I WILL STILL BE HERE AND I HOPE THAT MY KIDS WANT TO RAISE MY GRANDKIDS IN THIS COMMUNITY. AND THEY WILL STILL BE HERE AT THIS POINT. I THINK IT IS IN THE BEST INTEREST OF THE COMMUNITY AND THE HISTORY OF THE COMMUNITY AND THE FUTURE OF THIS COMMUNITY TO BE A GOOD PARTNER WITH THOSE IN THE SURROUNDING AREAS THAT AFFECT US TO PROVIDE THEM A HELPING HAND IN RETURN FOR SOME REDUCTION IN THE MAXIMUM POTENTIAL IMPACT FROM THOSE DEVELOPMENTS. IT COULD SLOW THEM DOWN A LITTLE BIT BUT I DON'T THINK IT WILL STOP THEM AND I THINK IT WILL REMOVE US FROM HAVING A VOICE AT THE TABLE WHICH I THINK IN THE LONG TERM, FOR OUR COMMUNITY, IS

DETRIMENTAL AND SHORTSIGHTED. >> ONE THING WE NEED TO STATE FOR THE PUBLIC IS, ANOTHER DISADVANTAGES, THERE IS A REASON THEY WOULD BE PAYING FOR THAT. THE EMS SERVICE AND ALSO

PARKS. >> I WOULD JUST LIKE TO ADD THAT WE HAVE BEEN THROUGH THIS BEFORE ABOUT FOUR OR FIVE YEARS AGO AND WE THOUGHT WE WOULD WAIT IT OUT AND THAT PARTICULAR DEVELOPMENT, AND I AM NOT GOING TO NAME NAMES, WE HAVE 35,000 PEOPLE COMING. AND THEY DRILLED A WELL. IT IS JUST A DELAY TACTIC. WE HAVE NOT HAD ANOTHER CONVERSATION WITH THAT GROUP

>> THERE'S NO WAY WE ARE COMING BACK ON TOP WITH THIS.

>> I DO LOOK AT IT AS A WIN-WIN. WHAT I BELIEVE WILL HAPPEN OVER TIME WITH THE DEVELOPER, I BELIEVE THAT THIS AGREEMENT HAS ALTERED THAT IN A DIRECTION THAT WILL BE POSITIVE

[01:40:04]

CONTROLLING THE FORM OF GROWTH. >> IT IS PRETTY APPARENT TO ME THIS IS WHAT THE STATE LEGISLATURE IS AFTER. SO, FURTHER COMMENTS OR QUESTIONS? STATEMENTS?

>> JUST ONE. I WOULD LIKE TO BRING SOME ATTENTION AND SOME GRATEFULNESS TO THE THREE COUNCIL MEMBERS THAT PARTICIPATED ON THE SUBCOMMITTEE AND WHO KNOWS HOW MANY HOURS THEY SPENT IN THIS PROCESS. I KNOW I APPRECIATE THEM AS DO OTHERS AND I DO BELIEVE THAT WE HAVE PUT IN A LOT OF GREAT VALUE WITHIN THIS DOCUMENT . I DO HAVE SOME CAUSE AND MAYBE SPECULATION AS TO THE OUTCOME OF IT BUT I AM REALLY GRATEFUL FOR THE TIME THAT HAS BEEN INVESTED IN TRYING TO ENSURE THERE ARE A LOT OF POSITIVE ASPECTS FOR THE CITY.

>> I WILL ECHO THAT. WITH THAT, MR. ROGERS, DID YOU HAVE A

MOTION? >> I MOTION THAT WE APPROVE WHAT STAFF HAS PRESENTED AND I MAKE A MOTION THAT WE WOULD

APPROVE. >> SECOND.

>> WE HAVE A MOTION AND A SECOND. PLEASE VOTE. TRAN 25-TO. THANK YOU, COUNCIL AND THANK YOU, STAFF. TONIGHT THERE ARE NO EXECUTIVE SESSION ITEMS

* This transcript was compiled from uncorrected Closed Captioning.