[Call to Order, Pledges, and Invocation ] [00:00:07] ALL RIGHT. GOOD EVENING. IT'S 6 P.M. TUESDAY, DECEMBER THE 10TH, 2024. WE HAVE A QUORUM OF COUNSEL PRESENT. SO I CALL TO ORDER THIS MEETING OF THE THE MIDLOTHIAN CITY COUNCIL. WE'RE GOING TO START THIS EVENING WITH INVOCATION. AND PLEDGES ARE GOING TO BE LED BY COUNCILMAN SHEFFIELD. LET'S PRAY. FATHER GOD, WE GIVE YOU THANKS AND PRAISE FOR THIS WONDERFUL BUILDING, THIS OPPORTUNITY TO MEET HERE FOR OUR VERY FIRST OFFICIAL COUNCIL MEETING. WE THANK YOU FOR THIS BUILDING BEING AVAILABLE FOR OUR CITIZENS AND THE FAMILIES AND THE JUST THE OPPORTUNITY FOR US TO WORK TOGETHER AS A AS A COMMUNITY. WE THANK YOU, LORD, FOR I THANK YOU FOR THESE COUNCIL MEMBERS AND MAYOR, ALL OF THE CITY STAFF, AND THANKING YOU FOR THE OPPORTUNITIES THAT YOU GIVE TO US TO BE IN THIS PLACE AS CITIZENS TOGETHER. AND WE GIVE YOU PRAISE FOR THAT. AND WE ASK FOR WISDOM IN ALL DECISIONS TO BE MADE THIS EVENING AND THE DAYS TO COME. IN JESUS NAME WE PRAY. AMEN. AMEN. 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 TEXAS. ONE STATE UNDER GOD, ONE AND INDIVISIBLE. THANK YOU, COUNCILMAN SHEFFIELD. I DO WANT TO ACKNOWLEDGE BEFORE WE BEGIN, THAT THIS IS OUR VERY FIRST MEETING WITHIN THE NEW COUNCIL CHAMBERS OF THE MIDLOTHIAN CITY HALL, AND WE'RE VERY EXCITED TO BE HERE THIS EVENING. IT WAS A LABOR OF LOVE. SO I DO WANT TO GIVE A QUICK THANK YOU TO OUR CITY MANAGEMENT TEAM, CLYDE AND CHRIS OSCAR AND YOUR TEAM, FOR ALL THE HARD WORK AND EXTRA HOURS THAT EVERYONE'S PUT INTO AND ACKNOWLEDGE THE FACT THAT I BELIEVE I SPEAK FOR THE REST OF THE COUNCIL WHEN WE GIVE OUR SINCERE APPRECIATION FOR ALL THE HARD WORK OF THE STAFF AND ALL THOSE THAT WORKED ON THIS FACILITY TO PULL THIS OFF. PARTICULARLY, WE'D LIKE TO THANK THE VOTERS THAT TRUSTED US IN APPROVING THE 2021 BOND THAT FUNDED THIS FACILITY, AND TO SAY THAT WE RECOGNIZE THE MOMENT WE RECOGNIZE THE FACT THAT THIS FACILITY BRINGS US UP TO PAR WITH THE QUALITY OF CITIZEN THAT LIVES IN OUR CITY. AND SO WE RECOGNIZE THAT WE'RE HERE TO STEWARD THIS FACILITY AND THAT IT'S GOING TO SERVE THE CITIZENS WELL, AND THAT WE WILL RISE TO THE OCCASION AS AS A STAFF, AS A COUNCIL, AS VOLUNTEER BOARD MEMBERS, RISE TO THE OCCASION TO SERVE OUR CITIZENS, TO THE TO THE BEST OF OUR, OF OUR ABILITY. SO WITH THAT, WE'RE GOING TO OPEN THE MEETING UP, AND WE'RE GOING TO START THIS EVENING BY ISSUING A PROCLAMATION IN RECOGNITION OF THE OPENING OF CITY [2024-460] HALL AND LIBRARY. IF YOU WERE ABLE TO JOIN US ON SATURDAY, WE HAD A GREAT EVENT. I THANK YOU FOR THE TEAM THAT PUT THAT TOGETHER. HUNDREDS OF PEOPLE CAME IN, IN AND OUT OF OUR FACILITY ALL DAY SATURDAY, AND WE HAD A GREAT TIME OF POMP AND CIRCUMSTANCE AS TO OPEN UP THE, THE NEW THE NEW FACILITY. SO WE'RE VERY EXCITED ABOUT IT. BUT WE ARE GOING TO ISSUE A PROCLAMATION THIS EVENING THAT WE WILL PUT OUT ON OUR IN OUR LOBBY AREA TO RECOGNIZE THE OPENING OF THE BUILDING TO RECEIVE THE PROCLAMATION. I'VE INVITED FORMER MAYOR RENO TO JOIN US THIS EVENING TO RECEIVE THIS PROCLAMATION. SO, RICHARD, IF YOU DON'T MIND. MEET ME UP FRONT THERE AND WE WILL READ THE PROCLAMATION IN THE RECORD. IT'S A LONGER WALK DOWN THERE. SO ON BEHALF OF THE MIDLOTHIAN CITY COUNCIL, I'M GOING TO ISSUE THIS PROCLAMATION. WHEREAS THE CITY OF MIDLOTHIAN HAS REACHED A SIGNIFICANT MILESTONE WITH THE COMPLETION AND OPENING OF ITS BRAND NEW CITY HALL AND PUBLIC LIBRARY. THANKS TO OUR CITIZENS WHO EMBRACED THE VISION AND APPROVED THE FUNDING AT THE MAY 1ST, 2021 ELECTION. AND WHEREAS THIS MODERN FACILITY REPRESENTS A COMMITMENT TO SERVING OUR COMMUNITY WITH ENHANCED ACCESSIBILITY, EFFICIENCY, TRANSPARENCY AND A WELCOMING ENVIRONMENT. WHEREAS THE NEW CITY HALL AND PUBLIC LIBRARY STANDS AS A SYMBOL OF OUR COMMUNITY'S GROWTH, PROGRESS AND DEDICATION TO THE FUTURE. AND NOW, THEREFORE, I, JUSTIN KAUFMAN, MAYOR, ON BEHALF OF THE CITY COUNCIL OF MIDLOTHIAN, TEXAS, DO HEREBY PROCLAIM THE NEW CITY HALL AND PUBLIC LIBRARY, THE PEOPLE'S BUILDING AND ENCOURAGE ALL CITIZENS TO CELEBRATE THIS MOMENTOUS OCCASION. [00:05:02] PROCLAIM THIS DAY THE 10TH DAY OF DECEMBER, 2024. THANK YOU. AND THEN STAY HERE FOR A MOMENT WITH. THAT'S FOR YOU. WITH THE NEW CITY HALL COMES A NEW GAVEL. SO I WANT TO PASS THE OLD GAVEL, WHICH YOU GOVERNED WITH AND LEGISLATED WITH SO WELL ONTO YOU AS A GIFT. THANK YOU VERY MUCH. THANK YOU. AND ON BEHALF OF ALL THE CITIZENS IMMEDIATELY TO YOU, I GLADLY TAKE THE HONOR TO ACCEPT THIS. THANK YOU. IF YOU DON'T MIND, STAY CLOSE, BECAUSE I'M GOING TO HAVE THE COUNCIL COME DOWN. WE'RE GOING TO TAKE ANOTHER PHOTO IN A MOMENT. BUT AFTER I DO ANOTHER PROCLAMATION. ALL RIGHT. OKAY. I WANT TO RECOGNIZE THE EFFORTS OF LONGTIME COMMUNITY ADVOCATE, LONGTIME COMMUNITY VOLUNTEER, AS WELL AS 20 PLUS YEAR EMPLOYEE, AND THAT IS MISS KAREN COX, WHO SERVED OUR SENIOR CITIZENS SO WELL AND HAS SERVED THE CITIZENS OF MIDLOTHIAN FOR ALL THOSE YEARS. AND I'M SURE WE'LL CONTINUE TO DO SO JUST IN DIFFERENT WAYS. KAREN IS RETIRING AND LEAVING A BIG HOLE TO FILL. BIG SHOES TO FILL, BUT I THOUGHT IT APPROPRIATE ON TONIGHT AS WE OPEN UP THIS FACILITY THAT WE ALSO ACKNOWLEDGE A GIANT IN OUR COMMUNITY, A LONGTIME COMMUNITY SERVANT AND KAREN COX. SO, KAREN, WOULD YOU COME FORWARD? AND THEN I WANT TO INVITE DONNA AND ANY OTHER OF THE BOARD MEMBERS THAT ARE HERE FOR THE SENIOR CITIZENS CENTER THAT WOULD LIKE TO STEP FORWARD AS WE AS WE MAKE A FEW COMMENTS AND THEN GIVE A LETTER OF RECOGNITION TO KAREN FOR HER SERVICE. KAREN, HOW LONG HAVE YOU BEEN AN EMPLOYEE HERE? 22 YEARS. 22 YEAR EMPLOYEE. AND YOU VOLUNTEERED FOR TEN YEARS BEFORE THAT AT THE SENIOR CENTER. AND LIKE 20 BEFORE THAT? YEAH. SO, LIKE 100 YEARS, SHE'S BEEN VOLUNTEERING, TOO. SO, DONNA, IF YOU HAVE SOME COMMENTS YOU'D LIKE TO MAKE, WOULD YOU STEP UP TO THE MIC? JUST A FEW WORDS. SO THANK YOU FOR INVITING ME HERE, JUST TO GIVE ME THE CHANCE TO CONGRATULATE KAREN ON A JOB WELL DONE. AND TO PERSONALLY SAY THANK YOU. KAREN, YOU'VE GIVEN YOUR HEART AND SOUL TO THE MIDLOTHIAN SENIOR CITIZENS CENTER FOR MANY YEARS AS A REPRESENTATIVE OF THE MCC BOARD OF DIRECTORS, I WANT TO SAY THANK YOU FROM THE BOARD, FROM THE MEMBERS AND FROM ALL THOSE YOU'VE INFLUENCED OVER THE YEARS. THANK YOU. YOU NEVER CEASE TO AMAZE ME WITH YOUR UNENDING ENERGY TO GET STUFF DONE. YOU'RE GOING TO HAVE SOME BIG SHOES TO TO FILL. YOUR KINDNESS AND CARING ATTITUDE IS EXEMPLIFIED EVERY DAY BY THE CONTINUOUSLY GROWING NUMBER OF SENIORS THAT COME TO THE CENTER. AND THEY DON'T ONLY COME FOR LUNCH, BUT FOR THE SOCIAL SOCIALIZATION AND THE NEED FOR THE SECURITY AND CARE YOU PROVIDE. YOU'LL BE GREATLY MISSED BY SO MANY AT THE CENTER AND SHIRLEY CAN ATTEST TO. THERE WILL BE MANY CHANGES AND A LOT OF GROWING PAINS, BUT THE TIME HAS COME FOR YOU TO PASS THE TORCH AND FOCUS ON YOU. GOOD LUCK IN YOUR NEW ADVENTURE AND ALWAYS BE TRUE TO YOU. THANKS AGAIN FROM ALL OF US THAT YOU HAVE IMPACTED OVER THE YEARS. THANK YOU. SO CITY STAFF AND CITY COUNCIL. AND I'VE ALSO ISSUED A LETTER ON BEHALF OF THE CITY COUNCIL THANKING YOU FOR YOUR SERVICE TO OUR COMMUNITY. THANK YOU. THANK YOU MAYOR. AND I WOULD LIKE FOR THE COUNCIL TO JOIN US DOWN HERE FOR A PHOTO, IF YOU DON'T MIND. AND THEN, RICHARD, I WANT YOU TO JUMP UP AFTER WE GET KAREN'S PHOTO. YES, PLEASE. SURELY YOU GOT TO STAY. WITH. US. EVERYONE SMILING. AND, RICHARD, IF YOU WOULD COME FORWARD, LET'S TAKE A PHOTO WITH YOU. CONGRATULATIONS. OKAY. OKAY. THANK YOU FOR. [00:10:03] SHARING YOUR ENTRY. THAT'S GREAT. THANK YOU RICHARD. THANK YOU KAREN. THANK YOU EVERYONE FOR YOUR PATIENCE. KAREN I HOPE YOU ENJOY YOUR RETIREMENT. IT'S WELL DESERVED. I'VE WRITTEN AN HOUR LONG SPEECH THAT I'LL NOW SHARE ON BEHALF OF THE COUNTY. I'M JOKING. WE'LL MOVE ON. OPENING ITEM 2024 FOR 60. AND THAT'S WE'LL DO NUMBER C, AND THAT'S CITY COUNCIL REPORT ON ITEMS OF COMMUNITY INTEREST. ANY COUNCIL MEMBERS WOULD LIKE TO ACKNOWLEDGE ANY COMMUNITY ITEMS. NOW WOULD BE A GOOD TIME. I'D LIKE TO INVITE EVERYBODY OUT IN THE COMMUNITY TO THIS MERRY AND BRIGHT SHOP SIP AND ROLL EVENT WE'VE GOT COMING UP. IT'S A REALLY GREAT EVENT TO GET SOME OF YOUR CHRISTMAS SHOPPING DONE AND ALSO SUPPORT LOCAL COMMUNITY BUSINESSES, BOTH LOCAL RESTAURANT STORES AND DIFFERENT LOCATIONS THROUGHOUT THE CITY. THERE'S GOING TO BE SIX TROLLEY STOPS THAT OCCUR. IT'S GOING TO BE ON THURSDAY, DECEMBER 12TH FROM 5 TO 8:30 P.M.. I WON'T LIST OFF ALL THE STORES BECAUSE KNOWING ME, I'D MISS ONE. BUT THERE'S A REALLY LOT OF A LOT OF COOL LOCATIONS ON HERE. AND AGAIN, IT'S ALL LOCAL LOCAL BUSINESSES RIGHT HERE IN OUR COMMUNITY. SO WHETHER YOU LIKE TO SHOP, YOU LIKE TO SIP OR YOU LIKE TO ROLL, COME TO THE SHOP, SIP AND ROLL. OH, GOOD. WELL DONE. YOU SHOULD BE THE PR GUY FOR THE EVENT. ANNA. I DIDN'T KNOW. I KNOW WE WERE ALL BUMMED ABOUT THE CHRISTMAS PARADE. HEATHER, IS IT TOO EARLY TO ANNOUNCE? I'M. NOW I'M PUTTING YOU ON THE SPOT. SO IT'S BEING. YOU'RE GOING TO HAVE TO FEED ME THE INFORMATION. IT'S BEING RESCHEDULED, KIND OF, FOR THIS SATURDAY. YES, MA'AM. THIS SATURDAY. FROM THERE, THE FLOATS. THE FLOATS WILL PARK. IN FRONT OF THE MIC. HEATHER, DO YOU WANT TO JUST JUST COME UP AND TELL US? YEAH, THAT'D BE GREAT. BUT I KNOW A LOT OF PEOPLE WILL BE VERY EXCITED THAT THEIR FLOAT DID NOT GO TO WASTE. SO WE APPRECIATE YOUR HARD WORK IN THIS. WE'RE NOT IN THAT SMALL ROOM ANYMORE. YEAH. LET'S MAKE THIS CLEAR. THIS SATURDAY, A FRIDAY. MY GOSH, IT HAS BEEN A REALLY LONG WEEK. MY MOM JUST LEFT TOWN. I'VE BEEN SLEEPING ON THE COUCH. SO THIS FRIDAY IS MARY MOVIE NIGHT, AND DUE TO OUR CANCELED PARADE, WE HAVE ADDED A NEW LITTLE. LET'S TAKE ALL THE FLOATS OVER TO COMMUNITY PARK ON FRIDAY EVENING, AND THEY CAN COME IN AT 5 P.M. AND SET THEIR FLOAT UP AND FINISH DECORATING AND HAVE IT OUT. THEY'RE WELCOME TO GIVE THEIR CANDY OUT OR WHATEVER THEY WERE GOING TO DO, JUST LIKE ON A NORMAL PARADE. BUT WE'LL JUST HAVE THEM ALL PARKED IN THE PARKING LOT, AND THEN EVERYONE WHO COMES FOR THE MOVIE CAN COME UP AND GO CHECK OUT ALL THE FLOATS AND SEE EVERYBODY'S HARD WORK AND LET EVERYONE SHOW OFF THEIR HARD WORK. SO WE HOPE TO SEE EVERYONE OUT THERE TO ENJOY OUR AND OUR UNFORTUNATE PARADE THAT WAS POURED UPON. SO HOPEFULLY WE WILL MAKE IT THROUGH THE RAIN AND EVERYONE CAN COME OUT AND HAVE A GOOD TIME AND THEN STAY AND WATCH THE MOVIE ELF AT THE AMPHITHEATER. GREAT. THANK YOU. HEATHER. ANYONE ELSE? CLARK. I WON'T MAKE THIS LONG BECAUSE I THINK WE'LL PROBABLY DO SOMETHING MORE OFFICIAL AS A GROUP. BUT I DO WANT TO TAKE A MOMENT TO RECOGNIZE THE LOSS OF LIFE OF OFFICER JACOB CARDOZA, WHO WAS A GRADUATE FROM MIDLOTHIAN HIGH SCHOOL. GRADUATING CLASS OF 2014. SO HE WAS A OFFICER IN TERRELL WHO LOST HIS LIFE THIS SUNDAY. SO I JUST WANT TO TAKE A SECOND TO EXPRESS OUR CONDOLENCES TO HIS FAMILY. AND THAT'S ALL WELL SAID. AND WE WILL DO SOMETHING MORE OFFICIAL IN A IN A COMING MEETING. ALL RIGHT. SEEING NO OTHER LIGHTS, I'LL MOVE ON TO 2024 FOR 61 CITIZENS TO BE HEARD. [2024-461 ] THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING. YOU SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY SECRETARY, AND YOU ARE LIMITED TO THREE MINUTES TO SPEAK TO ANYBODY SIGNED UP TO SPEAK. DAVID HIRST, YOU WANT TO COME ON UP? DAVID, IF YOU DON'T MIND, STATE YOUR NAME FOR THE RECORD AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS AND YOU'LL HAVE THREE MINUTES. [00:15:04] GOOD EVENING COUNCIL, I'M DAVID HIRST. I DO LIVE IN THE CITY LIMITS IN 2205 SOMERSET. I JUST CAME TO ADDRESS THE COUNCIL THIS EVENING. I UNDERSTAND THAT I'M ON THE AGENDA OR UNDER CONSIDERATION ON YOUR AGENDA LATER THIS EVENING. AS A POTENTIAL FOR YOUR VOTES TO SERVE ON THE ELLIS COUNTY APPRAISAL DISTRICT BOARD. IT'S A SERVICE THAT I HAVE ENJOYED NOW FOR A LITTLE OVER A YEAR. THERE HAVE BEEN SOME SUBSTANTIAL LEGISLATIVE CHANGES THIS PAST YEAR THAT HAVE AFFECTED THIS BOARD GREATLY. WHEN I CAME ON THE BOARD, IT WAS A FIVE MEMBER BOARD. IT IS NOW A NINE MEMBER BOARD, THREE OF WHICH ARE PUBLICLY ELECTED MEMBERS. I'M UNDER CONSIDERATION. I'M ON YOUR YOUR BALLOT OF CANDIDATES TO BE CONSIDERED FOR YOUR VOTES TONIGHT AND JUST HUMBLY COME AND ASK THAT IF THE CITY WOULD DEEM ME WORTHY, YOU WOULD CAST THOSE VOTES FOR ME SO THAT I CAN HAVE THE OPPORTUNITY TO SERVE AGAIN. THIS WILL BE A ONE OR A TWO YEAR TERM, DEPENDING ON ON HOW LOTS ARE DRAWN. BECAUSE THE LEGISLATURE IS GOING TO START GOING THROUGH A CYCLE WHERE THERE WILL BE AN ELECTION NOW EVERY TWO YEARS FOR THESE APPOINTED POSITIONS THAT WILL THEN BECOME FOUR YEAR TERMS. BUT THEY'RE SETTING IT UP TO ROTATE SO THAT YOU WON'T HAVE TO SEE SOMEONE LIKE ME EVERY YEAR NECESSARILY. BUT IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER IT. BUT I JUST WANTED TO LET YOU KNOW THAT I'M HONORED TO DO THAT SERVICE. I WOULD LOVE TO DO IT AGAIN. IF YOU DEEM ME WORTHY AND LET YOU KNOW THAT I APPRECIATE YOUR CONFIDENCE IF IT'S GIVEN. THANKS, DAVID. THANK YOU. THANK YOU FOR YOUR SERVICE TO THAT BOARD AS WELL. YEAH, WE WILL BE ADDRESSING THAT ON NUMBER 478 LATER THIS EVENING. ANY OTHER SIGN UP TO SPEAK PUBLICLY? OKAY. THEN WE WILL MOVE ON TO CONSENT AGENDA. [CONSENT AGENDA] THAT'S ITEM 2024 462. ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, WE WILL REMOVE AN ITEM FROM CONSENT AGENDA AND CONSIDER IT SEPARATELY. ANY COUNCIL MEMBERS LIKE TO REMOVE ANY ITEMS FROM CONSENT AGENDA THIS EVENING. I'D LIKE TO REMOVE 2024462D OKAY. REMOVING D ANY OTHERS? THEN I WILL ENTERTAIN A MOTION TO APPROVE CONSENT AGENDA MINUS ITEM NUMBER D YOU. SECOND, THE MOTION FROM COUNCILWOMAN HAMMOND. SECONDED FROM COUNCIL OR MAYOR PRO TEM WICKLIFFE. PLEASE VOTE. AND ITEM PASSES 7 TO 0. WE WILL NOW CONSIDER ITEM D, WHICH IS. [2024-462.D. ] CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING THE 2025 CITY OF MIDLOTHIAN SPECIAL EVENTS HOSTED BY THE CITY OF MIDLOTHIAN AND THE CALENDAR YEAR 2025. IN ACCORDANCE WITH THE SPECIAL EVENT PERMIT AS ESTABLISHED BY THE CITY OF MIDLOTHIAN. COME ON UP, HEATHER. GOOD EVENING. SO WE HAVE OUR LIST OF ALL OUR ANNUAL EVENTS, AND IT INCLUDES RAIN OUT DATES ON THOSE AND LOCATIONS FOR IT TO TAKE PLACE. WE BRING THIS FORTH EVERY YEAR SO WE CAN GET THOSE ALL APPROVED IN ONE FELL SWOOP AND JUST START WITH THE EVENTS THROUGHOUT THE YEAR. AND WITH THAT, I AM HAPPY TO ANSWER ANY QUESTIONS. SO I'M REALLY SUPPORTIVE OF ALL THE EVENTS YOU GUYS ARE DOING. SUPER EXCITED ABOUT IT. I JUST WANTED TO MAKE ONE SLIGHT ADJUSTMENT. IN THE SPECIAL EVENT PERMITS AS IT RELATES TO THE EVENTS ON JUNE 14TH. WELL, ALL THE CONCERT EVENTS. I KNOW IN THE PAST I DON'T BELIEVE THAT WE'VE COVERED THIS THROUGH THE SPECIAL EVENT PERMIT, BUT I WOULD LIKE TO ENSURE THAT WE PUT A WAIVER OF THE ALCOHOL RELATED CONSUMPTION ORDINANCE AS IT RELATES TO THOSE PARTICULAR EVENTS, JUST TO ALIGN MORE WITH I GUESS, THE PRACTICE OF WHAT WE TYPICALLY SEE IN SOME OF THOSE EVENTS. AND I THINK IT'S IMPORTANT TO TO TO DO THAT THROUGH THAT SPECIAL EVENT PERMIT. IS THAT SOMETHING THAT WE'VE EVER DONE IN THE PAST? NO, SIR. I THINK, CHRIS. NO, IT'S NOT SOMETHING THAT WE'VE DONE. OBVIOUSLY, WE'VE TALKED ABOUT IT. WE DO CURRENTLY HAVE OUR ORDINANCE STATES THAT THERE'S NO ALCOHOL IN THE PARKS, BUT AND I'LL LET JOE CHIME IN IF I'M INCORRECT. BUT I DO THINK IF THAT'S THE WILL OF COUNCIL, WE COULD ADD THAT TO THE SPECIAL EVENT, AND WE'D PROBABLY JUST WANT TO LIMIT IT TO THOSE AREAS IN THE PARK WHERE THE EVENTS ACTUALLY TAKING PLACE, LIKE, LET'S SAY, THE AMPHITHEATER, WE JUST LIMIT IT TO THAT AREA IF THAT'S KIND OF WHAT YOU'RE AFTER. YES, THAT'S THAT'S WHAT I'M LOOKING FOR, JUST SPECIFIC TO THOSE EVENTS AND THOSE LOCATIONS, SINCE WE ARE APPROVING THOSE PARTICULAR EVENTS FOR 2025. [00:20:06] SO WITHIN THE PERMIT REQUEST FOR FOR ALL OF THE CONCERT EVENTS AT THE AMPHITHEATER ONLY. YES, THAT'S CORRECT. OR I GUESS, WOULD THAT INCLUDE EIGHTH STREET? THAT'S CORRECT. YEAH. YEAH. I WAS GOING TO SAY I WOULD ADD TO JUST LIST THEM OFF. YES. I CAN LIST THEM OFF. OKAY. IT WOULD BE THE SUMMER BEATS CONCERT JUNE 14TH JULY 26TH. SUMMER BEATS CONCERT SEPTEMBER 6TH AUTUMN BEATS CONCERT OCTOBER 4TH AUTUMN BEATS CONCERT NOVEMBER 1ST AUTUMN BEATS CONCERT. DID I MISS ONE? AND. AND THEN. MAY 10TH. MAY 10TH EIGHTH STREET DANCE. SUMMER BEATS CONCERT. THAT'S CORRECT. OKAY. COUNCIL, IS THERE ANY DISCUSSION ON THIS? ROSS. I JUST FOR POINT OF CLARIFICATION. SO RIGHT NOW WE PROHIBIT ANY POSSESSION CONSUMPTION OF ALCOHOL IN THE PARK. SO BY MAKING THIS CHANGE IS THAT TO ALLOW FOR VENDORS WHO WILL BE SELLING ALCOHOL OR IS IT JUST TO ALLOW FOLKS TO BRING FOR PERSONAL CONSUMPTION ONLY FOR PERSONAL CONSUMPTION? DO WE NEED TO MAKE SURE WE CLEARLY INDICATE THAT THAT IT'S NOT FOR THE SALE OF ALCOHOL? I THINK THROUGH THE SPECIAL EVENT PERMIT, WE ALREADY WE ONLY ALLOW VENDORS THAT ARE APPROVED BY US. SO YES, I MEAN WE OUR INTENT AND I DON'T THINK IT'S THE INTENT OF COUNCIL MEMBER MORMON. YOU CAN CORRECT ME IF I'M WRONG, BUT IT'S TO ALLOW VENDORS TO SET UP AND SELL SO WE COULD PROHIBIT THAT OURSELVES. SO UNLESS Y'ALL TELL US THAT YOU WANT VENDORS THERE TO SELL, THEN WE WOULD NOT ALLOW THAT. WELL, MY PREFERENCE WOULD BE AS WE'RE ALLOWING THE CONSUMPTION OF ALCOHOL BY INDIVIDUALS THAT THEY BRING THEMSELVES, THAT WE CLEARLY CODIFY THAT NOW. SO IT DOESN'T EVER BECOME A POINT OF CONTENTION OR CONFUSION LATER ON THAT A VENDOR MAKES APPLICATION TO STAFF AND YOU SAY, WELL, WE DON'T THINK COUNCIL WOULD LIKE IT. I'D RATHER JUST BE WRITTEN INTO THE THE EVENT PERMIT THAT AT NO TIME IS IT AUTHORIZED FOR THE SALE OF ALCOHOLIC BEVERAGES. I THINK THERE'S TWO STEPS TO THIS. ONE IS LET'S, LET'S, LET'S COVER IT IN THE PERMIT PROCESS. BUT ALSO AND WHAT I'VE DONE WITH MANY OTHER CITIES THAT WE'VE GONE BACK TO OUR ORDINANCE AND ALSO TO MAKE IT CLEAR IN THE ORDINANCE WHERE IT SAYS ALCOHOL IS NOT PERMITTED IN OUR PUBLIC, IN OUR PARKS, THEN WE CARVE, WE WRITE IN AN EXCEPTION, EXCEPT IF ALLOWED BY BY A SPECIAL EVENT PERMIT. AND THEN THAT THAT KIND OF CODIFIES IT. WELL, SO LATER DOWN THE ROAD, IF YOU DO WANT TO ALLOW AN EVENT WHERE THERE'S GOING TO BE, YOU'RE GOING TO HAVE A VENDOR THAT SELLS ALCOHOL. OBVIOUSLY THAT WOULD COME TO THE COUNCIL FOR DECISION, BUT THAT ABILITY IS THERE. BUT FOR RIGHT NOW, THE PERMIT WOULD NOT ALLOW THAT. OKAY. SO AND I ASSUME THIS IS BORN OUT OF THE FACT THAT PEOPLE ARE DOING IT ANYWAYS. AND YOU SEE. YEAH. OKAY. OKAY. ANY OTHER DISCUSSION ON THIS TOPIC ELLEN, WOULD YOU LIKE TO FORMULATE A MOTION? YES, I'D LIKE TO MAKE A MOTION TO APPROVE AS PRESENTED WITH THE ADDITION OF A WAIVER ON OUR ORDINANCE AS IT RELATES TO PERSONAL ALCOHOL CONSUMPTION RELATED TO NOT RELATED TO THE SALE, BUT THE CONSUMPTION OF ALCOHOL AT THE CONCERT EVENTS THAT TAKE PLACE ON MAY 10TH, JUNE 14TH, JULY 26TH, SEPTEMBER 6TH, OCTOBER 4TH AND NOVEMBER 1ST, SIMPLY ALLOW, ALLOW ALLOWING, ALLOWING FOR A WAIVER IN THE PERMIT PROCESS THAT THAT PROHIBITS A WAIVER THAT PROHIBITS THE CONSUMPTION OF ALCOHOLIC BEVERAGES, ALLOWING FOR A WAIVER OF THE PROVISION THAT PROHIBITS ALLOWING FOR A WAIVER OF THE PROVISION. WE'RE GOOD, WE'RE GOOD. OKAY. DON'T NEED TO REPEAT THAT. JUST WANT TO MAKE SURE YOU WANTED IT. WE MENTIONED SPECIFICALLY SAYING IN THE AREA IN WHICH THE CONCERT IS OCCURRING, NOT IN THE PARK AT LARGE. CORRECT. WHAT WE'LL DO IS WE'LL HAVE LIKE A SITE PLAN ATTACHED TO THAT. WE'LL DO A SITE PLAN ATTACHED TO THE PERMIT THAT WILL SHOW SPECIFICALLY THE DESIGNATED AREA THAT THEY'LL BE ALLOWED TO HAVE PERSONAL CONSUMPTION. THANK YOU. OKAY. ANY OTHER? I JUST HAVE A SECOND. OH, I'LL SECOND IT, BUT I JUST HAVE A CLARIFICATION, AS CLARK DOES. GOSH, I CAN'T SPEAK TODAY. DOES STAFF AND THE ATTORNEY HAVE CLEAR DIRECTION ON WHAT'S BEING ASKED? OKAY. BECAUSE I WAS A LITTLE CONFUSED AT FIRST, BUT I THINK I GOT IT NOW. MOTION'S BEEN MADE BY COUNCILMAN MORMAN, SECONDED BY THE MAYOR PRO TEM. PLEASE VOTE. ITEM PASSES 7 TO 0. MOVING ON TO ITEM 2024 463. [2024-463] [00:25:01] OUR PUBLIC HEARINGS THIS EVENING CONDUCT A PUBLIC HEARING. CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN ZONING ORDINANCE BY FURTHER AMENDING THE DEVELOPMENT USE OF PLUS OR -1.429 ACRES OUT OF THE MEP RAILROAD COMPANY SURVEY ABSTRACT NUMBER 761, LOCATED IN PLAN DEVELOPMENT 146. PROPERTIES GENERALLY LOCATED BETWEEN U.S. HIGHWAY 27 AND OLD FORT WORTH ROAD. THIS ITEM HAS BEEN REQUESTED FOR CONTINUANCE TO OUR NEXT MEETING, WHICH IS JANUARY THE 14TH, 2024. I'M JUST GOING TO TAKE A MOTION TO CONTINUE IT. CAN WE MAKE THAT 2025? YEP. THAT'S ACTUALLY A MOTION TO OPEN THE PUBLIC HEARING AND CONTINUE IT UNTIL JANUARY 14TH, 2025. SO MOVED. SECOND. OKAY. I CAN'T. MAKE A MOTION TO OPEN THE PUBLIC HEARING AND CONTINUE IT UNTIL THE JANUARY 14TH, 2025 CITY COUNCIL MEETING. SECOND, A MOTION BY COUNCILMAN WEAVER. SECONDED BY MAYOR PRO TEM WICKLIFFE. PLEASE VOTE. 7 TO 0. THE ITEM IS CONTINUED TO THE JANUARY 14TH, 2025 MEETING. REGULAR AGENDA. [2024-464] OPENING ITEM. 2024 464 CONSIDER AND ACT UPON A RIGHT OF WAY. USE LICENSE AND HOLD HARMLESS AGREEMENT TO ALLOW FOR A GREASE TRAP AND SAMPLE WELL ALONG WEST AVENUE F FOR NONRESIDENTIAL USE FOR THE LAWSON BUILDING WITH PLANNED DEVELOPMENT DISTRICT NUMBER 148 AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT. THE PROPERTY IS LOCATED AT 301 WEST MAIN MARY. OKAY. MAYOR, MEMBERS OF COUNCIL STAFF MET WITH THE APPLICANT AT THE SITE, AND WE WALKED AROUND THE BUILDING, AND CAME TO THE CONCLUSION THAT THE NORTHWEST CORNER IS STILL THE BEST AREA TO PUT THE GREASE TRAP. THE GREASE TRAP AND SAMPLE WELL WILL FIT ON THE TRAFFIC ISLAND. SO THAT IS, AN OPTION AND IT CAN BE FLUSH WITH THE PAVING. SO IT'LL YOU KNOW, NOT BE A TRIP HAZARD. AND THEN I WENT AHEAD AND, I MEAN, IT REALLY ISN'T THAT NOTICEABLE IN CASE YOU WANT TO SEE WHAT IT MIGHT LOOK LIKE. ARE THERE ANY ARE THERE ANY QUESTIONS OF STAFF? YEAH. THANK YOU. MARY. DID ANYBODY SIGN UP TO SPEAK ON THIS CASE? JUST FOR THE RECORD. COUNCILWOMAN HAMMONDS RECUSED FROM THIS ITEM. COUNCIL QUESTIONS OF MARY. SO THE DIAGRAM THAT JUST FLASHED ACROSS REAL FAST. IT'S WRONG. OKAY, THAT'S WHAT I WANT TO MAKE SURE OF. SO THEY'RE ACTUALLY MOVING IT SLIGHTLY TO THE WEST TO PUT IT IN THE ELEVATED SECTION. RIGHT. AND SO WE'RE NOT ELIMINATING ANY PARKING SPACES. CORRECT. SO IS THIS STILL JUST A GREASE TRAP FOR A SINGLE TENANT USER, OR WILL THIS SERVE AS SOMETHING THAT THAT OPERATES FOR MORE OF THE BUILDING THAN THE ONE INDIVIDUAL USER. IT'S FOR THE RESTAURANT ON THE ON THE NORTH SIDE. THEY IF YOU WERE TO PUT IT, IT'S A 300 FOOT LONG BUILDING. AND IF YOU WERE TO PUT IT IN THE MIDDLE IT WOULD REQUIRE A PUMP. AND IT JUST ISN'T EFFICIENT THAT WAY. BUT I'M NOT A LICENSED, YOU KNOW, PLUMBER, BUT WE DO HAVE ONE THAT CAME HERE, IF YOU WANT A BETTER EXPLANATION. NO, I MEAN, I'M WANTING TO UNDERSTAND FROM MY OWN EXPECTATION. IF WE HAVE ADDITIONAL RESTAURANT USERS THAT OCCUPY SPACE IN THAT BUILDING, WE'RE GOING TO BE TRYING TO FIND OTHER PLACES TO SHOEHORN OTHER GREASE TRAPS AROUND THIS BUILDING. WELL, THE THE ONE THAT THEY HAVE HERE, AND I'M GOING TO VERY QUICKLY DEFER, BUT IT'S A THOUSAND GALLONS. SO IT COULD HANDLE MORE THAN ONE RESTAURANT AT THIS END OF THE BUILDING. BUT THE ONE ON THE SOUTH SIDE, THEY'RE FIGURING OUT THEY HAVEN'T WORKED THAT OUT YET. SO DO WE THINK IT'S REALISTIC THAT WE'RE GOING TO SEE ONE AT EACH END OF THIS BUILDING IN SOME CAPACITY? PROBABLY. OKAY. YEAH. CLARK. I MEAN, MY I'M NOT TRYING TO BEAT UP ON ONE USER. I JUST FEEL LIKE AS A BUILDING AS A WHOLE, I WORRY THAT IT'S GOING TO END UP BEING MORE THAN TWO RESTAURANTS AND THREE. AND WHO KNOWS? BECAUSE I CAN'T SPEAK FOR WHAT THE FUTURE HOLDS. BUT I JUST FEEL LIKE WE'VE SPENT A LOT TRYING TO PLAN THE DOWNTOWN AND BEING VERY THOUGHTFUL OF WHERE IT PLACEMENT IS. AND MY FEAR IS WE'RE GOING TO LOOK UP AND HAVE 16 GREASE TRAPS IN THAT BLOCK BETWEEN THE OTHER RESTAURANTS ACROSS THE STREET IN THIS ONE. AND SO TRYING TO LIMIT IT'S NOT SO MUCH THAT IT LOST PARKING. I MEAN, GREASE TRAPS HAVE OTHER ISSUES THAN JUST TAKING UP SPACE. AND SO MY, I, I DON'T KNOW, BUT I MEAN, I DO KNOW I DID SOME RESEARCH AND THEY HAVE SOME THAT GO UNDERNEATH THE SINKS WHICH HAVE TO BE DRAINED A LOT MORE. I GET THAT, BUT IS THAT NOT SOMETHING? [00:30:01] SO THAT COULD BE ANOTHER WAY TO APPROACH IT. THE UNDER THE SINK OPTION. AS I UNDERSTAND IT, IT DOESN'T CAPTURE ALL THE GREASE. SO IF YOU HAVE A UTILITY SINK OR SOME OTHER USES, THEN IT WON'T CAPTURE THAT GREASE. AND SO WHAT WE'RE DOING IS PROTECTING OUR STORM SEWER. AND AND THEN MY OTHER ONE WAS ON THE NEXT ITEM. WE COULD PUT A CHILLER IN THE ALLEYWAY. BUT WE CAN'T PUT A GREASE TRAP, WHICH I UNDERSTAND. THE GREASE TRAPS BURIED. THAT'S THE DIFFERENCE. BUT THEY HAVE ABOVE GROUND GREASE TRAPS AND I DON'T KNOW ANYTHING ABOUT THE PLUMBING. MAYBE THE PLUMBER CAN ANSWER, BUT IF WE WERE TO PLACE AN ABOVE GROUND GREASE TRAP AT THE CENTER OF THE BUILDING, COULD THEY GRAVITY FLOW FROM ALL ENDS OF THE BUILDING? AND THEN WE HAVE ONE CENTRALIZED GREASE TRAP FOR THAT WHOLE USE INSTEAD OF. YEAH, I WILL DEFINITELY DEFER TO THE APPLICANT ON THAT. OKAY. IS THE APPLICANT HERE OKAY? YEAH. IF YOU'D LIKE TO COME FORWARD, PLEASE. I HAVE A QUESTION OF LEGAL. BEFORE WE TALK WITH THE APPLICANT A WHOLE LOT, IF POSSIBLE. YEAH. WHAT IS IT? IF YOU WANT ME TO WAIT, I WILL. NO, I WAS JUST CURIOUS. I DON'T HAVE ANY QUESTIONS IN PARTICULAR FOR. FOR THE SAKE OF THE APPLICANT. OBVIOUSLY, WE DON'T HAVE A GREASE TRAP ORDINANCE. SO LEGAL. ARE WE ALLOWED TO HAVE A REQUIREMENT FOR A CERTAIN GREASE TRAP APPLICATION IN THIS BUILDING WITHOUT AN ORDINANCE OR. I THINK WE DO. WE DO? YES. OKAY. WE DO. BUT IT SEEMS AS THOUGH OUR ORDINANCE DOES NOT PROVIDE FOR. I AM INCLUDED WITH CLARK AND ROSS AND MY CONCERN THAT IT'S FALLING UPON THIS APPLICANT SHOULDERS. AND I DON'T VIEW IT AS THIS APPLICANT'S RESPONSIBILITY AS I DO. PERHAPS THE OWNER OF THE BUILDING WITHIN INFRASTRUCTURE IMPROVEMENTS TO PROVIDE FOR. OR MAYBE THEY SHARE WITHIN A COST OF A PROCESS TO GET IT STARTED FOR TO WHERE WE HAVE A A GREASE TRAP. THE ABILITY FOR A GREASE TRAP INSTALLMENT TO HANDLE ALL THE NEEDS OF THE BUILDING, AS WE OBVIOUSLY SEE MORE RESTAURANTS COME AND GO. IT'S AT A CENTRALIZED LOCATION, LIKE CLARK WAS STATING, AND I FEEL BADLY BECAUSE I FEEL AS THOUGH WE'RE HOLDING THESE FOLKS UP FROM MOVING FORWARD WITH TRYING TO OPEN BUSINESS. BUT I'M KIND OF, ARE WE LEGALLY ALLOWED? THIS IS A WELL, AND LET ME JUST CLARIFY. THIS IS THE OWNER OF THE BUILDING. YOU REPRESENT, THE OWNER OF THE BUILDING? YES. THIS ISN'T THE END USER. THIS IS THE OWNER OF THE BUILDING. SO ALL THIS BEFORE US, OUR DECISION IS WE ARE ALLOWING MAKING A DETERMINATION ON WHETHER OR NOT WE WANT TO ALLOW THEM THROUGH THIS, THROUGH THIS LICENSE AGREEMENT. HOLD HARMLESS IS TO BE IN OUR RIGHT OF WAY. SO WE SAY NO QUESTION TO YOU IS ARE WE LEGALLY ALLOWED TO SAY NO? WE'RE GOING TO REQUIRE YOU TO INSTALL A GREASE TRAP SYSTEM THAT SUPPORTS THE ENTIRE BUILDING IF NEEDED AND ADDED TO. WE CANNOT MANDATE WHAT TYPE OF GREASE TRAP SYSTEM THAT THEY HAVE TO INSTALL FROM UP HERE ON THE DAIS. ALL THE DECISION BEFORE US IS, I GUESS WE'RE JUST PROVIDING SUGGESTIONS FOR PLACES TO LOOK OTHER THAN WHAT I'M TRYING TO PLAY. BUT TO THAT, EVERYTHING AROUND THIS BUILDING IS OUR RIGHT OF WAY. YES, THEY WOULD, THEY WOULD EITHER. WE WOULD EITHER HAVE TO IDENTIFY WHERE AT IN OUR RIGHT OF WAY THEY COULD PUT IT OR WE'D HAVE TO OR THEY'D HAVE TO PUT IT IN THE BUILDING. OKAY. THANK YOU. OKAY. DO YOU HAVE HAVE YOU GUYS LOOKED INTO SOME OF THESE OTHER OPTIONS THAT HAVE BEEN MENTIONED, OR DO YOU WANT TO SPEAK ON THAT A LITTLE BIT LIKE THIS IS OUR HERE'S OUR LICENSED PLUMBER. HE SAID THAT WE CANNOT. DO YOU MIND. DO YOU MIND STEPPING UP TO THE MICROPHONE. HE SAYS THAT WE CAN'T USE THE ONES THAT ARE UNDER THE SINK. WE HAVE A GREASE TRAP GOING IN ON BOTH SIDES. ONE IS HALF THE BUILDING IS FLOWING GOING ONE WAY. THE OTHER HALF OF THE BUILDING IS GOING THE OTHER WAY. SO WE HAVE WE HAVE DIVIDED THE BUILDING IN TWO. THERE WON'T BE ANY MORE THAN TWO OF THE SHOPS. OKAY. GOT IT. FURTHER QUESTIONS FOR THE APPLICANT. THANK YOU. DO YOU MIND JUST STATING YOUR NAME FOR THE RECORD? HEATHER MCELHANEY. THANK YOU. THANKS FOR YOUR FEEDBACK. MY COMMENTS ARE WE ASKED STAFF AND THE APPLICANT TO GO BACK AND FIND A DIFFERENT SOLUTION THAT DIDN'T INCLUDE TAKING OUT TWO PARKING SPOTS. THEY DID IT. AND I FEEL LIKE THEY WE WE CAN PUT IT UNDER THE GROUND AND PUT A STREET TRAFFIC RATED TOP ON IT, AND WE CAN JUST PUT LIKE A CONE ON THE DAYS THAT THEY HAVE TO, LIKE, EMPTY IT OUT SO THAT WE CAN STILL HAVE THE PARKING SPOTS. I'VE PUT ONE IN IN WAXAHACHIE IN A DRIVE THROUGH. IT'S MY UNDERSTANDING THAT THE NEW PLACEMENT IS NOT IN A PARKING SPOT. CORRECT? IT'S ON THE SIDEWALK. I'LL HAVE TO ELIMINATE THE PARKING SPOTS. I THOUGHT IT WAS IN THE TRAFFIC. TRAFFIC ISLAND. OH, YEAH. WE MOVED IT OVER. I'M SO SORRY. YEAH, WE MOVED OVER. IT'S TRAFFIC RELATED, THOUGH. SO CURRENTLY THE REQUEST, THE PREVIOUS REQUEST INCLUDED BLOCKING OFF TWO PARKING SPOTS. [00:35:02] YES. WE ASKED STAFF TO GO BACK AND WORK WITH YOU GUYS TO FIND A SOLUTION THAT DIDN'T INCLUDE LOSING PARKING SPOTS. AND THEY CAME BACK WITH THIS PROPOSAL. SO ANY OTHER COMMENTS OR QUESTIONS? BUT ARE THEY LOSING WALKABILITY BECAUSE F IS SUPPOSED TO HAVE A TEN FOOT AND A FOUR FOOT PEDESTRIAN WALK FROM KIMMEL TO DOWNTOWN, ACCORDING TO THE MASTER PLAN? SO IS THE GREASE TRAP PLACEMENT GOING TO BE IN THE WAY OF THE SIDEWALKS THAT ARE SLATED TO GO DOWN F AND THE SITE PLAN? IT HAS IT BEING OFF THE EIGHT FOOT SIDEWALK THAT'S CURRENTLY PRESENT ON THE NORTH SIDE OF THE LAWSON BUILDING ON THE SITE. PLAN PROVIDED IN THE PACKET. YES, SIR. YEAH, YOU GOT IT. EIGHT FOOT SIDE. AND THESE WILL ALL BE FLUSH WITH THE SIDEWALK. IT LOOKS LIKE A MANHOLE. YES. YES. YEAH. OTHER THAN WHEN THEY'RE. WHEN THEY'RE DRAINING IT, THEY'LL HAVE TO BLOCK SOME SPACE OFF WHEN THEY'RE DRAINING IT. BUT OTHER THAN THAT AND I DON'T REALLY I MEAN, THEY CAN JUST REALLY PULL UP TO THE STREET AND DRAIN IT. I MEAN, IT'S NOT ANYTHING THAT'S GOING TO BE TOO MONUMENTOUS. OKAY. ANY OTHER COMMENTS ON THIS CASE? ENTERTAIN A MOTION. I'LL MAKE A MOTION TO APPROVE AS PRESENTED. SECOND. WE'VE GOT A MOTION TO APPROVE AS PRESENTED BY COUNCILMAN WEAVER. SECOND, SECONDED BY COUNCILMAN SHEFFIELD. PLEASE VOTE. ITEM PASSES 6 TO 0. THANK YOU. THANK YOU. [2024-465] OPENING ITEM 2024 465. CONSIDER AND ACT UPON A RIGHT OF WAY. USE LICENSE AND HOLD HARMLESS AGREEMENT TO ALLOW FOR AN AIR CONDITIONER. CHILLER TO AIR CONDITIONING. CHILLER TO ENCROACH FOUR ONTO A 20 FOOT ALLEYWAY OFF OF WEST AVENUE. F FOR NONRESIDENTIAL USE FOR THE LAWSON BUILDING WITH WITHIN PLANNED DEVELOPMENT. 148. AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT. THE AGREEMENT. THE PROPERTY IS GENERALLY LOCATED AT 301 WEST MAIN STREET. MARY KAY. MAYOR. COUNCIL MEMBERS. FOR THE RECORD, COUNCILWOMAN HAMMONDS IS RECUSING HERSELF FROM THIS ONE AS WELL. OKAY. THE APPLICANT IS REQUESTING A RIGHT OF WAY ENCROACHMENT AGREEMENT TO PUT AN AIR CONDITIONING UNIT CHILLER. THAT CAN BE IN THE ALLEYWAY. IT'S NOT SUBTERRANEAN, SO IT WON'T INTERFERE WITH ANY UTILITIES. IT'LL. WE JUST DESIGNATED A PAD SPOT WHERE THE CHILLER WOULD FIT, AND I'M HERE TO ANSWER ANY QUESTIONS. ALL RIGHT. DID ANYBODY SIGN UP TO SPEAK ON THIS CASE? OKAY. COUNCIL QUESTIONS ON THIS CASE. ROSS. SO IT'S STILL A PUBLIC ALLEYWAY? IT IS, BUT IT'S BEING ENCROACHED UPON, AND IT'S WIDE ENOUGH THAT YOU CAN STILL HAVE ONE WAY TRAFFIC. SO ACTUALLY, THE PAD SITE DOES NOT ENCROACH ON THE GRAVEL. SO IF YOU WERE TO WALK BACK THERE, THERE'S A NARROW GRAVEL STRIP AND THEN THERE'S ACTUALLY GRASS ON EITHER SIDE AND IT DOESN'T GO IN THE GRAVEL AREA EVEN. OKAY. SO WE FEEL COMFORTABLE THAT IF WE NEEDED TO GET AN EMERGENCY VEHICLE BACK THERE, I KNOW IT'S NOT NECESSARILY USED FOR THAT PURPOSE NOW, BUT THAT WE COULD GET ONE PAST THIS THING IN THE PUBLIC ALLEYWAY. IT'S 20. WE LOOKED AT IT AND MEASURED IT. 20 IS A CONSERVATIVE ESTIMATE AS TO HOW WIDE IT IS. AND I MEAN, I DON'T THINK I CAN ANSWER THAT QUESTION, BUT I'VE BEEN TOLD THAT WE'RE NOT GOING TO USE IT FOR EMERGENCY SERVICES. BUT WE HAVE DALE HERE IF YOU WANT TO PUT HIM ON THE SPOT, I DON'T THINK THEY'LL USE IT FOR EMERGENCY SERVICES BECAUSE THEY HAVE FIRE LANES. YOU KNOW, ON EITHER SIDE, I CAN'T USE THE POINTER. AND I'M WANTING TO WE HAVE FIRE LANE ON NORTH SEVENTH STREET, WHICH IS SHOWN AS NORTH SEVENTH STREET. THANK YOU. OKAY. ANY OTHER QUESTIONS? I'LL TAKE A MOTION. I DO HAVE ONE QUESTION. SO THIS IS A SINGLE TENANT APPLICATION AS WELL. SO IF OTHER TENANTS NEEDED THIS WE COULD SEE MORE OF THESE DOWN THE BACK OF THE BUILDING. YEAH. NO, THIS IS SOMETHING THAT WOULD WORK FOR THE ENTIRE BUILDING. NO. WELL, IT'S SIMPLE. IT'S JUST FOR THE BREWERY. IT'S JUST FOR THE BREWERY. BUT THAT'S. THERE'S ONLY TWO RESTAURANTS THERE, ONE ON EACH END. AND THEY DON'T. WE THEY DON'T NEED ONE. OKAY, SO THIS WOULD NOT A NORMAL RESTAURANT WOULD NOT UTILIZE THIS PIECE OF EQUIPMENT. IS SPECIALIZED PURPOSE OF THAT. CORRECT. THANK YOU MA'AM. YOU'RE WELCOME. MOTION. [00:40:03] I WILL MAKE A MOTION TO APPROVE. AS PRESENTED. SECOND. MOTION BY MYSELF. SECONDED BY COUNCILMAN ROGERS. PLEASE VOTE. NOW. ITEM PASSES 6 TO 0. I THINK WE CAN GET. COUNCILWOMAN HAMMOND IS NOW. GO AHEAD. WE'LL WAIT FOR HER TO COME BACK OUT. WELCOME BACK. OPENING ITEM 2024 466. [2024-466] CONSIDER AND ACT UPON BUILDING ELEVATIONS FOR PLUS OR -0.396 ACRES AND LOT 11 THROUGH 15, BLOCK 16. THE PROPERTY IS LOCATED AT 211 WEST MAIN STREET AND IS ZONED PLANNED DEVELOPMENT DISTRICT 148 BRIAN. IT'S NOT. IT'S NOT ON. ALL RIGHT. GO AHEAD, GO AHEAD. ALL RIGHT. THERE. YOU GOT IT. GOOD START. RIGHT. GOOD EVENING. OKAY, SO WITH THIS REQUEST IS FOR EL PRIMO IS ALSO LOST IN DISTRICT. SAME ZONING. DISTRICT PD 148. YOU MAY REMEMBER ABOUT TWO YEARS AGO THAT THEY BROUGHT BEFORE YOU CONCEPTUAL ARCHITECTURAL RENDERS THAT WERE REQUIRED FOR YOUR APPROVAL AS PART OF THE PD. THERE WAS A SECOND STEP IN THAT PD THAT ALSO REQUIRED THAT THE ARCHITECTURAL ELEVATIONS, NOT JUST THE RENDER, BUT THE ARCHITECTURAL ELEVATIONS AS WELL AS SITE PLAN AND LANDSCAPE PLAN, ALSO COME BACK BEFORE YOU. IN ADDITION, YOU ALSO HAD HAD A CONVERSATION IN THAT MEETING WHEN YOU APPROVED THE CONCEPTUAL RENDERS. SHOULD THERE BE A SIGNIFICANT CHANGE, YOUR EXPECTATION IS THEY WOULD COME BACK TO YOU. SO FOR BOTH OF THOSE REASONS, THEY'RE BACK BEFORE YOU. WE HAVE BOTH CONCEPTUAL RENDERS AS WELL AS ARCHITECTURAL RENDER. I DID HAVE A NOTE IN MY STAFF REPORT THAT THE SITE PLAN LANDSCAPE PLAN IS REALLY MORE OF A OFF SITE ISSUE. SO I'LL HAVE ONE FOR YOU TO SEE AS MORE OF AN ILLUSTRATION. BUT WHAT YOU'RE REALLY APPROVING IS THE ARCHITECTURAL ELEVATIONS OF THE BUILDING, BECAUSE THE WHOLE BUILDING ENCOMPASSES ITS PROPERTY. SO THERE'S NO LANDSCAPING, PARKING, OR ANYTHING BEYOND THE WALL OF THE BUILDING TO REALLY CONSIDER FOR THE PURPOSE OF ZONING. ALSO AT THE END, WE WILL TALK BRIEFLY ABOUT NEED OF A RIGHT OF WAY ENCROACHMENT AGREEMENT. SO AGAIN, I KIND OF ALREADY WENT THROUGH THE HIGHLIGHTS HERE ON THE HISTORY WITH THEIR KIND OF NEEDING FROM US TONIGHT AGAIN, IS TO APPROVE THEIR PLANS FOR PROVIDING TWO OPTIONS IN THOSE ELEVATIONS AND RENDERS ONE WITH A PATIO, ONE WITHOUT THE ISSUE THERE IS THE PATIO WOULD BE AN ENCROACHMENT INTO TEXDOT RIGHT OF WAY. SO THAT'S SOMETHING FOR THEM TO WORK OUT WITH TXDOT, BUT THEY WOULD APPRECIATE IT IF YOU COULD CONSIDER BOTH THEIR OPTIONS AND IT SHOULD IT PLEASE Y'ALL, YOU COULD CONSIDER APPROVING BOTH OPTIONS. SO THAT WAY, DEPENDING ON WHAT THEY WORK OUT WITH TXDOT, THEY CAN BOB AND WEAVE. AND THEN FOR US TONIGHT, AGAIN, IT'S THE APPROVAL REALLY OF THE ARCHITECTURAL ELEVATIONS. NATIONS, SO ALMOST DID IT. THE SITE THERE AT 211. THAT'S THE EXISTING BUILDING. THIS IS AN IMAGE FROM YOUR DOWNTOWN MASTER PLAN. OF WHAT THE AREA OF THE BUILDING IS TO LOOK LIKE. OF COURSE, IT'S AN ASPIRATION, NOT A REGULATION. THIS IS WHAT THE EXISTING BUILDING LOOKS LIKE MAYBE A YEAR AGO. THIS WAS THE ORIGINAL CONCEPT ELEVATION THAT YOU ALL APPROVED TWO YEARS AGO. IT HAS A SIMILARITY TO WHAT YOU HAD IN YOUR DOWNTOWN PLAN. AS YOU CAN SEE, THERE'S THESE I GUESS WHAT I'LL CALL PROJECTIONS. ONE ON THE MAIN STREET. SIDE, ONE ON THE SEVENTH STREET SIDE. THOSE I'LL SHOW YOU IN A SECOND. HAD TO GO AWAY BECAUSE THEY'RE BASICALLY ENCROACHING INTO OUR RIGHT OF WAY. ALSO, I BELIEVE THERE MIGHT HAVE BEEN AN OVERHEAD UTILITY ISSUE. SO THIS IS OPTION ONE THAT THE APPLICANT IS ASKING YOU TO CONSIDER. THIS IS WITH THE PATIO. ALSO, YOU CAN TELL THAT THERE'S A BIT OF DIFFERENCE HERE IN THIS ELEVATION. THE MAIN STREET SIDE, WE HAVE A MORE SQUARED OFF. SORRY, BECAUSE I CAN'T POINT A SQUARED OFF FACADE. THE THE APPLICANT HAS A PRESENTATION, SO I DON'T WANT TO STEAL TOO MUCH OF HIS THUNDER, SO HE'LL EXPLAIN WHY. BUT JUST NOTING THAT'S ONE OF THE VERY SUBSTANTIAL DIFFERENCES COMPARED TO THIS ELEVATION THAT YOU ORIGINALLY APPROVED. THIS IS THE WITHOUT PATIO. [00:45:01] SO PRESUMABLY PARKING IN FRONT AGAIN, TXDOT RIGHT OF WAY. SO THAT'S REALLY TXDOT'S CALL IF THEY'RE GOING TO ALLOW PARKING THERE OR NOT. THIS IS A RENDER FOR THE APARTMENTS IN THE BACK. SO THE PLAN NOW IS TO HAVE FOUR UNITS ONLY INSTEAD OF THE EIGHT. AND EACH UNIT WOULD HAVE A GARAGE. THESE ARE THE ARCHITECTURAL ELEVATIONS THAT REPRESENT THE BUILDING AND FROM THOSE RENDERS THIS A SITE PLAN. BUT AGAIN THE THEIR PROPERTY IS THE FOOTPRINT OF THE BUILDING. BUT I DO HAVE IT HERE AS MORE OF A PRO FORMA. AND THIS TECHNICALLY SHOWS OPTION ONE WITH AN AREA CALLED OUT FOR THE PROPOSED PATIO LOCATION. THIS IS OPTION TWO, BASICALLY WITHOUT REALLY. THE PATIO ALSO HAS A HANDY DIAGRAM THAT THEY WERE KIND ENOUGH TO PROVIDE TO GIVE YOU A SENSE OF IF YOU'RE DRIVING ON SEVENTH STREET AND TRYING TO TURN IN TO SAY THE FIRST UNIT, IT IS FEASIBLE. THAT WAS ONE OF STAFF'S CONCERNS WAS JUST THE FEASIBILITY OF THE MANEUVERING ON THE ALLEY. AGAIN, STAFF RECOMMENDS APPROVAL AS PRESENTED OF THEIR ARCHITECTURAL ELEVATION, SITE PLAN AND LANDSCAPE PLAN. AND THE APPLICANT IS HERE ALSO WITH HIS PRESENTATION AND HAPPY TO ANSWER QUESTIONS NOW OR LATER. THANK YOU. BRIAN. TAMMY. ANYBODY SIGNED UP TO SPEAK ON THIS CASE? OKAY. APPLICANT WOULD LIKE TO COME FORWARD AND MAKE A PRESENTATION. GOOD EVENING, MAYOR AND COUNCIL. GOOD TO SEE YOU. GOOD TO SEE YOU GUYS. A COUPLE OF YEARS AGO, AND WE WERE EXCITED TO BE HERE AND ACTUALLY HAVE SUBMITTED BUILDING PERMITS, WHICH IS WHAT HAS CAUSED A COUPLE OF THE THINGS TO POP UP AT THIS POINT. I HAVE SEVERAL OF YOU ARE NEW SINCE THE LAST TIME I WAS HERE, BUT JUST WANT TO TAKE A MOMENT. I WAS ON THE CITY COUNCIL IN MANSFIELD FOR SIX YEARS. OUR CURRENT PRIMOS OWNER IS THE PRO TEM IN MANSFIELD, AND IT WOULD BE REMISS TO JUST NOT SAY THANK YOU FOR WHAT YOU DO FOR YOUR CITY AND THE VISIONARY LEADERSHIP THAT YOU HAVE. I KNOW SOMETIMES IT'S AN UNTHANKFUL JOB AND YOU HEAR MORE CRITICISM THAN THANKS AND PRAISE, BUT JUST WANTED FROM THIS SEAT TO SAY THANK YOU FOR WHAT YOU DO FOR YOUR CITY. SECOND, WELCOME TO YOUR NEW CITY HALL. AS AN INVESTMENT INTO YOUR DOWNTOWN. IT'S INTENTION IS TO CATALYZE DEVELOPMENT WITHIN YOUR HISTORIC DOWNTOWN AND YOUR COMMUNITIES BEHIND THAT VISION. AND THAT'S WHY EL PRIMO'S IS EXCITED TO BE COMING HERE QUICKLY. SO JUST AS A REMINDER, THE FIRST THING THAT WE DID WHEN WE WERE UNDER CONTRACT TO PURCHASE THE BUILDING WAS TO GO LOOK AT YOUR DOWNTOWN MASTER PLAN AND SEE KIND OF WHAT THE CONCEPT WAS, WHAT CONFINES THERE WERE TO WORK IN. AND DOWNTOWN REDEVELOPMENT IS REALLY MESSY, ESPECIALLY HISTORIC DOWNTOWNS WHERE BUILDING PROPERTY LINES, BUILDINGS ARE TO THE PROPERTY LINES, AND SOMETIMES THEY'RE NOT PLATTED THE RIGHT WAYS. AND IT'S JUST IT'S A PROCESS, AS YOU GUYS IN THE PREVIOUS TWO CASES SAW. AND IT'S JUST PART OF IT. BUT THIS IS EL PRIMO'S IN MANSFIELD. IT IS A TEX-MEX RESTAURANT THAT DOESN'T JUST SERVE MEXICAN FOOD. THERE'S THERE'S SOME PASTA AND BURGERS AND CHICKEN FISH, SHRIMP FAJITAS. SORRY, I DIDN'T BRING ANY TONIGHT. YEAH, YEAH. AND AS BRIAN SAID, HERE'S THE THE CURRENT ELEVATION. WE LOOKED AT YOUR DOWNTOWN MASTER PLAN AND PROPOSED THIS THIS CONCEPT. A FEW THINGS TO POINT OUT. WHEN WE WERE HERE IN 2022, THE ROADWAY DESIGN HAD NOT BEEN KIND OF FINALIZED. WE DIDN'T KNOW WHAT THAT LOOKED LIKE. THERE WERE CONVERSATIONS ABOUT THE PARKING BEING UP AGAINST THE BUILDINGS. THE PARKING HAS BEEN MOVED TO THE CENTER, WHICH LEAVES US WITH JUST A FOUR FOOT WIDE SIDEWALK ALONG THE SIDE OF THE BUILDING, RIGHT WHERE THOSE DOORS ARE ENCROACHED INTO THE ROADWAY. WE OBVIOUSLY COULD NOT DESIGN IT THAT WAY. AND THEN THE PROJECTION ON THE MAIN STREET SIDE, THERE ARE OVERHEAD POWER LINES THAT WE COULD NOT COULD NOT DO THAT. WE ALSO SAW LOTS OF COMMUNITY FEEDBACK THAT SAID THAT THEY WOULD LOVE A PATIO AND AND SOME OUTDOOR SEATING. SO WE WENT TO LOOK AT WHAT THAT WOULD TAKE AND HOW HOW THAT LOOKS. THIS WAS THE THE INTERIOR CONCEPT PLAN THAT YOU GUYS SAW BACK IN 2022? YOU'LL SEE UP AT THE TOP 4 TO 12 APARTMENT UNITS IN IN THAT APPROVAL. AND AT THAT POINT, THERE WERE NO GARAGES OR ANYTHING FOR THE APARTMENTS. THEY WERE GOING TO HAVE TO PARK OUT SOMEWHERE IN PUBLIC PARKING ON THE STREETS. THIS IS TODAY. WE ARE JUST FOUR APARTMENT LOFTS EACH WITH THEIR OWN INDEPENDENT GARAGE. YOU'LL SEE AT THE RESTAURANT THERE'S MULTIPLE PRIVATE PARTY ROOMS AS WELL AS PATIO BAR AND PLENTY OF SEATING. AND THEN THERE'S ALSO A MEZZANINE AREA INSIDE OF THE RESTAURANT. THIS IS A QUICK LAYOUT OF THE FLOOR PLAN OF EACH UNIT. WE'VE GOT A GARAGE, LIVING ROOM, DINING ROOM, KITCHEN ON THE GROUND FLOOR, AND THEN AT THE SECOND FLOOR, ONE BEDROOM BATHROOM, WALK IN CLOSET. [00:50:07] HERE IS THE ELEVATION AGAIN. YOU SEE THE PATIO ON THE SOUTH SIDE OF THE BUILDING ON THE ON THE RIGHT SIDE OF YOUR SCREEN. THAT DOES ENCROACH INTO TEXDOT RIGHT OF WAY. WE HAVE REACHED OUT, AS I'M SURE YOU'RE YOU CAN GUESS, IT'S NOT GOING TO BE AN EASY PROCESS WORKING WITH TXDOT TO FIGURE OUT WHAT THAT IS, BUT WE DO BELIEVE IF WE GO BACK TO SORRY, I'LL JUMP BACK. IF YOU LOOK AT YOUR MASTER PLAN, YOU GUYS HAD CONSIDERED THAT THIS IS WHAT THAT WOULD LOOK LIKE IN FRONT OF THE BUILDING AND THERE WOULDN'T BE PARKING THERE, BUT WE'D HAVE SIDEWALKS AND BUILDINGS AND WALKING PATHS AROUND THE BUILDING. SO IT'S WE BELIEVE IT'S NOT AS SAFE TO HAVE PEOPLE BACKING OUT ONTO THE STREET AS MUCH AS IT WOULD BE TO HAVE A NICE PATIO IN THE LANDSCAPING. SO THIS IS WHAT WE HAVE SUBMITTED FOR BUILDING PERMIT. WE OBVIOUSLY WILL HAVE TO WORK THROUGH WITH TXDOT AND WHAT THEY ALLOW. AND IF THEY DON'T, YOU'VE SEEN WHAT THE OPTION TO WOULD HAVE TO BE JUST FROM A FLEXIBILITY STANDPOINT. THAT'S ONE OF THE THINGS THAT YOU'LL SEE IN YOUR IN YOUR PACKET THAT WE'VE KIND OF ASKED FOR A LITTLE BIT OF FLEXIBILITY AS IT RELATES TO SOME OF THESE ITEMS, SPECIFICALLY BECAUSE WE DON'T KNOW WHERE WHAT TEX-DOT IS GOING TO ALLOW AND HOW HOW MUCH PROJECTION AND ARTICULATION THAT LOOKS LIKE. SO THERE'S A LIST IN YOUR PACKET THAT WE'D ASK FOR SOME FLEXIBILITY THERE, SPECIFICALLY RELATED TO CHANGES IN THE LANDSCAPING THAT GOES WITHIN RIGHT OF WAYS BOTH CITY RIGHT OF WAY AND TXDOT RIGHT OF WAY. ANYTHING THAT WOULD RELATE TO THE PATIO OR SIDEWALK RAILING SO THAT WE'VE SHOWN THIS EXACT RAILING, IT MAY LOOK A LITTLE BIT DIFFERENT THAN THAT. WE WOULD NOT WANT TO HAVE THAT HOLD UP A BUILDING PERMIT, BECAUSE WE HAD TO CHANGE SLIGHTLY ON WHAT THAT RAILING LOOKS LIKE. AWNINGS AND PROTRUSIONS, AGAIN, THEY'LL LOOK VERY SIMILAR TO WHAT YOU'RE SEEING. THEY MAY NOT BE THE EXACT THING, BUT ANYTHING THAT KIND OF PROTRUDES OUT INTO THE LIMITS OF THE THE BUILDING AND THE PROPERTY LINE ARE ON THE RIGHT OF WAY LINE. SO ANYTHING THAT WE DO IS PROJECTING INTO THE RIGHT OF WAY. THERE'S ALSO ANY ADDITIONAL LIGHTING ATTACHMENTS. WE DON'T HAVE ANY GUTTERS ON THIS RENDERING OR ANY OF THE PLANS, BUT YOUR YOUR STAFF HAS BEEN EXCELLENT TO WORK WITH AND POINTED OUT THAT ANYBODY THAT'S WALKING FROM CITY HALL AFTER A MEETING TO GO GO DOWN TO EL PRIMOS, IF IT HAPPENED TO BE RAINING, YOU'RE GOING TO GET SHEETS COMING OFF OF THE SIDE OF THAT ROOF. SO WE'VE GOT TO PUT GUTTERS ON. BUT THAT'S OBVIOUSLY NOT IN THE ELEVATIONS WE'RE SHOWING YOU TONIGHT WOULD LIKE TO BE ABLE TO ADD GUTTERS WITHOUT HAVING TO COME SUBSTANTIALLY BACK TO COUNCIL. THE STYLE OF THE DOORS OR THEIR, THEIR ORIENTATION AND FIXES AND THEN ANYTHING RELATED ON THE APARTMENT UNITS TO LANDSCAPING, AWNINGS, ADDRESSES. I BELIEVE STAFF WILL TALK A LITTLE BIT ABOUT. WE WILL HAVE TO COME BACK AT SOME POINT HERE IN THE NEXT COUPLE OF MONTHS, ONCE WE'VE WORKED THROUGH THE LEGAL SIDE OF WHAT THE WHAT A RIGHT OF WAY ENCROACHMENT WOULD BE. AND SO THIS IS THE APARTMENT ELEVATION SPECIFICALLY. RIGHT NOW, THIS LOT WHERE THIS CAR IS DRIVING THROUGH IS A CITY OWNED LOT. IT'S NOT ACTUALLY A RIGHT OF WAY. IT'S NOT AN ALLEY. IT'S A PLATTED LOT OWNED BY THE CITY. WE'VE PROBABLY ALL USED IT A MILLION TIMES, BUT IT'S IT'S JUST A IT'S A LOT. SO IF WE ARE ABLE TO COME TO AN AGREEMENT ON SOME SORT OF ENCROACHMENT AGREEMENT THAT WOULD ALLOW AN ACCESS TO BE ABLE TO DRIVE IN, JUST LIKE YOU'RE SEEING IN THIS RENDERING, WE WOULD ADDITIONALLY COVER THOSE DOORS IN WITH, WITH SIMILAR AWNINGS SO THAT WHEN YOU'RE TRYING TO GO INTO YOUR UNIT, YOU'RE NOT GETTING RAINED ON. WE ENHANCE THE ARCHITECTURAL ELEMENTS THERE WITH LIGHTING, WITH AWNINGS, AND THEN THERE WOULD BE ROOM FOR LANDSCAPING AND CREATE SOMEWHAT OF A DRIVEWAY AS YOU'RE APPROACHING AND BE ABLE TO GET SOME LANDSCAPING THAT'S NOT CONSIDERED CURRENTLY IN ANY OF THESE RENDERINGS. AGAIN, WE'RE JUST ASKING FOR SOME FLEXIBILITY BECAUSE IF WE REACH THOSE AGREEMENTS, WE WOULD BE ABLE TO DO THAT, BUT I CAN'T PROMISE THAT TODAY. HERE IS THE SECOND OPTION AGAIN WITH THE PARKING AND THE RAILING, AND THAT THAT WOULD BE THE LIMITS OF WHAT WE COULD DO FROM A LANDSCAPING AND SITE PLAN DESIGN. IF TEXDOT DOESN'T ALLOW US INTO THEIR RIGHT OF WAY, AND AGAIN, THEY MAY ALLOW FIVE FEET OF ENCROACHMENT, NOT THE FULL ENCROACHMENT. AND THEN WE WOULD HAVE SOMETHING THAT DIFFERS FROM WHAT YOU'RE SEEING THIS EVENING, BUT WOULD HOPE THAT THAT WOULDN'T DELAY BEING ABLE TO MOVE FORWARD ON A BUILDING PERMIT IF YOU WOULD ACCEPT BOTH OF THESE OPTIONS. I BELIEVE THAT IS IT FOR MINE. I'M HAPPY TO ANSWER ANY QUESTIONS NOW OR AFTER THE OTHER, AND I THINK SOMEBODY FROM STAFF WILL TALK ABOUT THE RIGHT OF WAY ENCROACHMENT. BUT AGAIN, WE WOULD HAVE A PLACE FOR A GREASE TRAP ON THE NORTH END OF THE BUILDING AND BE ABLE TO TAKE CARE OF THAT AS WELL AS ACCESS THESE [00:55:02] GARAGES. SURE. THANKS, CASEY. STAY HERE, IF YOU DON'T MIND. I HAVE A QUESTION REGARDING THE BACK OF THE BUILDING. I GUESS IT'D BE THE NORTH SIDE OF THE BUILDING WHERE THE GARAGES ARE. YES, SIR. CURRENTLY, I JUST ASSUMED PEOPLE WOULD PARK THERE. DO YOU HAVE CONCERNS ABOUT PEOPLE GETTING BLOCKED IN THEIR GARAGES WITH PARKING IS A PREMIUM IN DOWNTOWN, AS YOU'RE WELL AWARE. YES. YOU HAD THE FACILITY THERE. IT'S GOING TO BE EVEN MORE OF A PREMIUM. I WORRY THAT PEOPLE ARE JUST GOING TO PARK ANYWHERE THEY POSSIBLY CAN. ARE YOU WORRIED ABOUT CARS PARKED IN THE GARAGES WILL GET BLOCKED IN OR OUT IN A MOST IDEAL SITUATION. WE WOULD HAVE THE ENCROACHMENT AGREEMENT THAT ALLOWS US TO CREATE LANDSCAPING AND SOME DRIVEWAY SPACE THERE THAT WOULD PROTECT THOSE GARAGE UNITS. IT WOULD PROBABLY BE SOMETHING, IF THAT BECAME A PROBLEM, THAT WE COULD BLOCK THE DRIVEWAY SO PEOPLE AREN'T PARKING AND BLOCKING IN THE THE UNITS. AND WITHOUT THE GARAGES THERE IT IS A PARKING LOT. YES. IF I MAY. YES. MY UNDERSTANDING AGAIN, MY UNDERSTANDING, IN CASE I GOT IT WRONG, WAS FROM OUR FIRE MARSHAL. IS THAT BASICALLY THAT LOT WOULD FUNCTION AS A LARGE FIRE LANE. SO NO, NO PARKING PERIOD. YEAH, THAT HAS BEEN AGAIN, WE'VE GOT SOME OF THESE DETAILS THAT WE WOULD NEED TO WORK THROUGH. IT'S ON THE SCREEN. IF IF WE WERE ABLE TO WORK OUT THOSE AGREEMENTS, IT WOULD ULTIMATELY BE A COMMON ACCESS EASEMENT THAT WE GO THROUGH THAT WOULD BE STRIPED AS A FIRE LANE. IN THE DISCUSSIONS THROUGH THE BUILDING PERMIT PROCESS, YOUR FIRE MARSHAL EXPRESSED SOME CONCERNS WITH JUST THIS AREA AS IT'S REDEVELOPING OF HOW THEY WOULD BE ABLE TO IF THEY HAD TO FIGHT A FIRE IN BOTH OF THESE, THEY'RE HAVING TO SHUT DOWN SEVENTH STREET. HAVING THIS ABILITY TO TURN IN AND PULL OFF OF THE STREET WOULD ALLOW ACCESS FOR THEM. THEY DIDN'T WANT BOTH PARKING AND TRYING TO FIGURE OUT SOME OF THOSE COMPONENTS. SO FAR BE IT FOR ME TO TALK ABOUT FIRE SAFETY, BUT I JUST I HATE LOSING 11 SPOTS THERE. BUT THAT'S ANOTHER, ANOTHER TOPIC. ANOTHER ANOTHER POINT TO MENTION. PRIMO'S DOES THIS IN MANSFIELD. THEY'LL DO IT HERE AS WELL. IS COMPLIMENTARY VALET PARKING? WE WOULD HAVE. WE HAVE ALREADY ESTABLISHED SEVERAL RELATIONSHIPS WITH OTHER BUILDING OWNERS WITHIN DOWNTOWN THAT ARE WITHIN VALET DISTANCE, WHERE THEY WOULD BE ABLE TO DRIVE, CAR PARK AND RUN BACK TO THE BACK TO THE RESTAURANT. BUT WHERE WOULD YOU VALET PARK? THE CARS AND THE CITY PARKING LOT ACROSS THE STREET WOULD BE QUICKLY DONE ON SEVENTH. AND THEN WE WERE WORKING OUT RELATIONSHIPS WITH DIFFERENT PROPERTY OWNERS IN DOWNTOWN, WHERE WE WOULD BE ABLE TO USE THEIR LOTS THAT ARE THEIR PRIVATE, LOTS THAT ARE A LITTLE FURTHER AWAY AND VALET AND RUN BACK. JUST SO I'M CLEAR, BRIAN, REGARDLESS OF IF WE HAVE GARAGES OR NOT, THAT WILL BE A FIRE LANE. IF EL PRIMOS GOES THERE. SO IS THAT WHAT STAFF IS TELLING US? THERE WILL BE NO PARKING THERE NOW WHAT ABOUT THE PARK? WHAT ABOUT THE DRIVEWAY? HOW CAN IT BE BIG ENOUGH FOR A DRIVEWAY? BUT IT'S NOT BIG ENOUGH FOR A PARKING SPOT. AM I MISSING SOMETHING? OR AM I? I MEAN, I MIGHT BE MISUNDERSTANDING WHAT YOU'RE SAYING. I THINK THEY'RE WANTING TO TRY TO DO SORT OF SLOTTED DRIVEWAYS BY UTILIZING LANDSCAPING. SO WHAT WE WOULD DO A DRIVEWAY IN A FIRE LANE? NO. SO WHAT WE WOULD DO IN THIS AREA? LET ME GET TO A SITE PLAN. SORRY. YOU'VE GOT IT BACK HERE. SO WHERE THE CAR IS TURNING IN IMMEDIATELY OFF OF THE STREET, THAT PATH WOULD BE THE COMMON ACCESS EASEMENT THAT WOULD ALSO BE STRIPED AS A FIRE LANE FROM FROM THE STREET, ALL THE WAY BACK TO THE ALLEY INSIDE OF THAT, WHERE YOU SEE HOW THE CAR IS PULLING INTO THE GARAGE BETWEEN THE BUILDING EDGE AND THAT FRONT DOOR, WE WOULD HAVE LANDSCAPING. AND THEN BETWEEN THE DOOR AND THE GARAGE DOOR, THERE'D BE ANOTHER STRIP, AND YOU COULD CREATE WITH THAT LANDSCAPING. IT ONLY ENCROACH MAYBE 4 OR 5FT, BUT THERE WOULD BE A LANDSCAPE BUFFER THAT WOULD ALLOW FOR SHRUBS AND CRAPE MYRTLES AND SMALLER TREES AND THINGS LIKE THAT, THAT WOULD BE ABLE TO CREATE A DRIVE PATH FOR THE CAR WITHOUT ENCROACHING INTO A FIRE LANE. THE CAR WOULD NOT BE. THE CARS WILL HAVE TO PARK IN THE GARAGE, AND THERE'S NOT ENOUGH ROOM FOR A CAR TO PARK IN A DRIVEWAY. THE DRIVEWAY ITSELF IS MAYBE ONLY FIVE TO. OH, WE HAVEN'T WORKED OUT THOSE DETAILS. THE CAR WOULD BE DRIVEWAY. LIKE AT YOUR HOUSE. YEAH, I'M FROM MISSISSIPPI, MAN. THERE'S SOME LONG DRIVEWAYS OUT THERE. YEAH. SO IT'LL ONLY BE. IT'LL BE SHORT. YOU WOULD HAVE TO PARK YOUR CAR IN THE GARAGE, AND IT WOULD BE FOR THAT PURPOSE. MIKE. THANK YOU. QUESTION FOR STAFF AND THE APPLICANT. HELP ME TO THINK THROUGH. FIRST OF ALL, I'M ASSUMING, AND I BELIEVE THERE'S NO REASON TO THINK DIFFERENTLY. THIS STREET DOES STILL BELONG TO THE CITY. ARE WE REFERRING TO? SEVEN. YES, SIR. OKAY. BECAUSE OF THE LANDSCAPING DIVIDER, THE PARKING HAS ALL CHANGED. [01:00:05] I UNDERSTAND THE PURPOSE IN THAT. ALTHOUGH I HAVE PERSONALLY ENJOYED OUR ABILITY TO USE THAT STREET FOR EVENT VENDOR USAGE AND GOING OFF OF. AT LEAST, I BELIEVE HE'S STILL AT LEAST A PARTIAL OWNER IN THE OTHER BUILDING ACROSS THE STREET. BEING MR. CROCKER ASSOCIATED WITH UNION 28, LOTS OF ACTIVITY. HAD BEEN GOOD ABOUT THAT STREET BEING BLOCKED OFF AND ALL KIND OF VENDOR TRUCKS, PICNIC TABLES, PEOPLE EATING ON THAT STREET. DO WE DO WE ARE WE GOING TO CONTINUE TO UTILIZE THAT STREET AS A SHUT DOWN STREET FOR THAT SAME UTILIZATION OF VENDORS AS WE HAVE IN THE PAST, OR BECAUSE WE'RE DOING THIS NOW, THAT STREET'S FIXING TO BE OFF LIMITS BECAUSE WE HAVE APARTMENTS THERE. I THINK YOU COULD PROBABLY UTILIZE IT. I DON'T KNOW HOW YOU'RE GOING TO DEAL WITH THE THE FOUR DRIVEWAYS OR THE FOUR PEOPLE THAT NEED TO GET TO THEIR, THEIR HOUSE. I DON'T THINK THAT'S A IT'S AN ALL OR NOTHING THING. I THINK YOU CAN STILL BLOCK THIS OFF AND MAYBE ALLOW SOME SORT OF INGRESS AND EGRESS TO THOSE FOR PEOPLE THAT NEED TO ACCESS THAT. EVEN WHEN WE HAD THAT BLOCKED OFF, I THINK PEOPLE WERE STILL ACCESSING THE REAR OF PEN AND PAPER OR BIG D'S BACK THEN AND THOSE TYPE OF THINGS. SO I DON'T KNOW THAT JUST BECAUSE I JUST REMEMBER RECENTLY WE HAD AN EVENT THAT WE HAD PICNIC TABLES DOWN BOTH SIDES. I DON'T KNOW HOW THAT WAS. HERITAGE DAYS, I THINK THE FIRST HERITAGE DAYS. PARDON ME, SIR, I THINK THAT WAS THE FIRST HERITAGE DAY THAT WE DID WELL. AND I'M THINKING 3 OR 4 YEARS AGO I CAN'T REMEMBER WHETHER IT WAS WINE WALK REALLY HAD THEM. AND NOW NOW ENVISIONED SINCE WE APPEAR TO HAVE THE CENTER LANDSCAPING THAT'S EVEN GOING TO FURTHER CREATE THE LACK OF ABILITY OF. OF WHAT, MR. LEWIS, OF ACTIVITY, WHAT MR. LEWIS HAS TALKED ABOUT IS COMING IN FROM THE ALLEY. THE ALLEY ON THE EAST SIDE. SO YOU STILL HAVE THE NEXT QUESTION FOR THAT WOULD BE, I BELIEVE AT LEAST SOMETIME IN THE PAST, WE'VE HAD SOME VISION AND THOUGHT OF EVEN A PROPORTIONALITY OF THE ALLEYWAY BETWEEN THE TWO BUILDINGS, WHICH WOULD BE BETWEEN THIS BUILDING AND PEN AND PAPER, PERHAPS SOME GREEN SPACE, MAYBE IN THAT AREA. I KNOW THERE'S BEEN SOME LIGHT CONVERSATION OF IN THE PAST. DO WE REMEMBER ANYTHING LIKE THAT? YEAH. OH, YEAH. SO. SO WOULD THIS NOT INHIBIT UPON THE EVER OPPORTUNITY OF GREEN SPACE BACK THERE? NO, I REALLY DON'T. I DON'T KNOW THAT IT WOULD TOTALLY TAKE THAT AWAY. SO WHAT WE'RE LOOKING AT HERE IS THAT ALLEY THAT YOU'RE TALKING ABOUT. IT'S NOT REALLY AN ALLEY. SO WHAT YOU'RE LOOKING AT IN THAT BOLD RED IS FEE SIMPLY OWNED BY THE CITY. IT'S NOT RIGHT OF WAY. IT'S IS NOT ALLEY. IT'S JUST A LOT THAT THE CITY OWNS. SO. AND TO THE NORTH OF THIS THAT HEIDEL BALL OWNS ALL THE WAY TO THAT. SO ALL THIS IS PRIVATELY OWNED. I MEAN, OF COURSE, WE'RE I'M SPEAKING AS OF OF US AS ONE OF THOSE PRIVATE ENTITIES. SO STEVEN OWNS THE NORTHERN PART. WE OWN THE SOUTHERN PART, PART OF THE CONSIDERATION TONIGHT. AND I WAS JUST GOING TO LOOK AT DIRECTION. AND THIS IS TALKING ABOUT THAT 15 FOOT INGRESS LANDSCAPE. WHAT ELSE? AWNING LIGHTING, EASEMENTS, ENCROACHMENT INTO OUR PROPERTY. YOU WOULD STILL HAVE THAT NORTHERN 15FT TO DO SOME GREEN SPACE OR SOMETHING LIKE THAT. BUT YOU WOULD IT WOULD BE HARD TO BECAUSE THESE PEOPLE NEED TO GET IN. SO YOU'RE, YOU'RE PAINTING YOURSELF A LITTLE BIT INTO A CORNER. SO I DON'T KNOW THAT THIS COULD EVER BE TRUE GREEN SPACE. JUST BECAUSE YOU HAVE THE DUMPSTERS BACK THERE, THERE WOULD HAVE TO BE A LOT OF THOUGHT PUT INTO THIS TO REINTRODUCE GREEN SPACE. IT'S POSSIBLE WE COULD REALLY FIX UP THE ALLEY TO THE EAST OF THIS, TO WHERE ALL THIS TRASH SERVICE IS SERVED OFF OF THAT. SO COUNCILMAN ROGERS, I MEAN, IT'S NOT ALL ALL LOST GOING DOWN THIS PATH, BUT TO MIKE'S POINT, I MEAN, WE CONSTANTLY TALK ABOUT THE DOWNTOWN PLAN, BUT WE'RE KIND OF PUZZLE PIECE IN THE BUILDING NEXT DOOR AND THIS PIECE TOGETHER. I THINK IT'D BE BETTER TO SIT DOWN AND FIGURE IT OUT AND SAY, HERE'S THE LONG TERM PLAN, AND SAID, WELL, WE'RE GOING TO PIECEMEAL EL PRIMO'S, AND THEN WE'RE GOING TO COME BACK AND PIECEMEAL STEPHEN'S SIDE OF THE STREET, AND THEN WE'RE GOING TO LOOK UP IN 15 YEARS AND GO, WELL, WE GOT 23 GREASE TRAPS AND 23 DUMPSTER ENCLOSURES AND ALL WITHIN A 500 FOOT SPAN. IF WE KNOW 100% OF THE USES THAT ARE GOING IN HERE IN THE NEXT 25 YEARS, WE COULD DO THAT. WELL, IT'S NOT JUST USE I MEAN, IT'S THE SIMPLE ONE IS DUMPSTERS. THEY DON'T HAVE A DUMPSTER ENCLOSURE ANYWHERE ON THIS PLAN. SO THAT'S ANOTHER THING. AND, YOU KNOW, ONE OF THE THINGS THAT I THINK WE TALKED ABOUT EARLIER IS THE CHINESE RESTAURANT LEASES OUT A PORTION OF THEIR DUMPSTER TO PEN AND PAPER FOR $120 A MONTH, AND THEY PICK UP TWICE A WEEK. SO THERE'S THAT RELATIONSHIP WORKING TO SOLVE THAT DUMPSTER PROBLEM. [01:05:01] AND THAT'S JUST PICKING UP TWO DAYS A WEEK WITH TWO RESTAURANTS. IF YOU PICKED UP FIVE DAYS A WEEK, YOU COULD SERVE, I DON'T KNOW, QUITE A BIT MORE RESTAURANTS. SO I THINK THERE'S THINGS THAT YOU CAN DO IN THE INTERIM WITHOUT JUST SAYING, WE HAVE TO KNOW 100% OF WHAT'S GOING IN BEFORE WE SOLVE THESE PROBLEMS. I GUESS WHAT I'M CONCERNED ABOUT PIGGYBACKING ON WHAT CLARK'S MENTIONING IS, AND I DON'T WANT TO TAKE AWAY FROM STAFF, I WANT TO RESPECT THAT. I'M VERY CONCERNED THAT WE ARE EXPERIENCING DOWNTOWN GROWTH THAT IS GOING TO BRING IN A LOT OF PEOPLE, AND I'M VERY RESPECTFUL AND EXCITED ABOUT THAT. THIS IS THE KIND OF POSITIVE ASSET WE NEED IN THIS CITY TO BRING ABOUT THE TYPE OF POSITIVE GROWTH THAT WE NEED. BUT I'M ALSO CONCERNED AT THE SAME STANDPOINT THAT I'M I'M NOT TOTALLY COMFORTABLE THAT WHAT THE ITEMS THAT CLARK'S MENTIONING HAVE BEEN TOTALLY PLANNED OUT AND THOUGHT THROUGH THAT WE'RE DUE DUMPSTER ENCLOSURES GO. HOW MANY HOW MANY RESTAURANTS OF THIS SIZE COULD USE A DUMPSTER LIKE THAT? HOW MANY DUMPSTERS DO WE NEED? HOW ARE WE GOING TO DO OUR EVENTS? ARE WE EVEN GOING TO BE ABLE TO BLOCK THE STREET OFF ANYMORE? WHAT ARE THE LONG TERM EFFECTS OF USING THAT ALLEYWAY? DO WE WANT TO PROMOTE SOME SORT? I MEAN, THERE'S I FEEL LIKE THAT WE HAVE A LOT OF OUR, OUR DOWNTOWN MASTER PLAN AND THE THAT'S WHY THESE FOLKS ARE HERE. AND I'M VERY THANKFUL TO YOU ALL FOR YOUR INVESTMENT AND DEVELOPMENT, BUT I'M CONCERNED THAT WE'RE FIXING TO GET OURSELVES BACKED OFF IN A CORNER WHERE IT DOESN'T APPEAR AS THOUGH WE TOTALLY PLAN THIS OUT PROPERLY. 2 OR 3 YEARS DOWN THE ROAD. THAT'S THAT'S MY BIG I'VE LOVE WHAT YOU'RE DOING. I'M ALL IN. NO. I COULD CARE LESS WHAT KIND OF FENCE YOU HAVE OUT IN FRONT. OR HOW YOUR PATIO. THAT'S YOUR BUSINESS. BUT I'M VERY CONCERNED ABOUT THE THE GARAGE PARKING AND THE PARKING IN THE BACK. I'M CONCERNED ABOUT THAT. I WANT TO BRING SOMETHING UP JUST REAL QUICK. OKAY. WHAT WE'RE TALKING ABOUT HERE IS NOT PART OF THE REQUEST FOR TONIGHT. I JUST WANTED TO BRING THIS UP TO KIND OF GET Y'ALL'S DIRECTION. AND I UNDERSTAND THAT YOU'RE UNCOMFORTABLE WITH THIS. SO WE'LL GO BACK AND WE'LL TRY TO FORMULATE A BETTER PLAN. THE ISSUE AT HAND ARE THE TWO OPTIONS OF THE SITE PLAN THAT THEY'RE BRINGING. SO I DON'T WANT TO MUDDY THE WATERS WITH THIS. AND I UNDERSTAND THAT YOU'RE I THE POINT'S GREAT AND I KNOW WE NEED TO DO A LOT MORE HOMEWORK, BUT AT THE SAME TIME, I DON'T WANT TO TAKE AWAY FROM THEIR ORIGINAL. THE TWO OPTIONS TONIGHT ARE. PATIO. CORRECT. WELL, ACTUALLY, THE SITE PLAN SHOWS THE GARAGES. IF I CAN STEP IN ON THAT. YES. SO THE. YES. ALL WE'RE ASKING TONIGHT, WE STILL HAVE TO COME BACK AND WORK OUT THE RIGHT OF WAY. ENCROACHMENT AND HOW THAT WILL WORK. I'VE HAD SEVERAL CONVERSATIONS TWO YEARS AGO WHEN WE MET WITH STAFF BEFORE WE CAME BEFORE YOU TO ASK FOR APPROVAL. THERE WERE QUESTIONS ABOUT GREASE TRAP, FIRE ACCESS, PARKING, ALL OF THOSE THINGS. AND IT WAS, WE'RE GOING TO HAVE TO FIGURE THOSE THOSE PIECES OUT. THAT WAS THE DISCUSSION TWO YEARS AGO. PRIMOS PURCHASED THE BUILDING, HAS GONE AND SPENT SUBSTANTIAL INVESTMENT TO FIGURE OUT HOW TO REDESIGN IT WITHOUT TEARING DOWN THE BUILDING. AND AND KEEP. BUT IT'S A BUILDING THAT IS ON THE PROPERTY LINE. THERE ISN'T ROOM TO. IF WE WERE IN GREENFIELD DEVELOPMENT OR REGULAR SUBURBAN NEIGHBORHOOD, WE COULD FOLLOW EVERY LETTER PERFECTLY AND WE'D HAVE TRASH ENCLOSURES. BUT CLYDE AND I SPOKE YESTERDAY EVEN TO DISCUSS. WE DON'T WANT 50 TRASH ENCLOSURES THAT HAVE THREE SIDED ENCLOSURE AROUND THEM. WE DON'T WANT THAT THROUGHOUT DOWNTOWN. SO THE PRIVATE MARKET IS GOING TO HAVE TO FIGURE OUT SOME OF THOSE THINGS. I THINK THE BIGGEST PROBLEM THIS CITY COULD HAVE IS A PARKING PROBLEM IN DOWNTOWN, MEANING YOU HAVE THOUSANDS OF PEOPLE IN YOUR DOWNTOWN SUPPORTING YOUR BUSINESSES AND GATHERING AT DIFFERENT EVENTS. AND WE THIS EVENING, IT'S A TUESDAY NIGHT. YOU HAVE 250 SPACES AROUND HERE THAT ARE CURRENTLY AVAILABLE FOR THE PUBLIC TO COME AND WALK WITHIN 45 SECONDS TO BE AT THOSE FRONT DOORS. AS IT RELATES TO THE GARAGE, THIS IS A PIECE THAT IS PART OF THIS EVENING. OUR PREVIOUS PRESENTATION HAD UP TO 12 APARTMENT UNITS AND NOWHERE FOR THEM TO PARK, WHICH MEANT THAT THEY WOULD USE THOSE 11 SPACES ON THE NORTH SIDE OR THEY WOULD USE ANY AVAILABLE PUBLIC PARKING. WE SOLVED THAT PROBLEM BY GIVING THEM DEDICATED PARKING HERE, AND IT ALSO SOLVES THINGS FOR LIKE FIRE ACCESS. AND WE WOULD BE ABLE TO IF WE WERE ABLE TO WORK OUT A RIGHT OF WAY AGREEMENT AND ENCROACHMENT. IN HERE, WE WOULD BE ABLE TO PROVIDE GREEN SPACE AND LANDSCAPING IN THESE AREAS UP AGAINST THE PRIMOS PORTION OF THE BUILDING. RUSS. YEAH. SO, I MEAN, I THINK THE GARAGE IS AN ELEGANT SOLUTION TO PARKING THE RESIDENTS THERE AND AND OPENING UP THAT CITY OWNED LOT AKA FIRE LANE AKA ALLEYWAY AKA DUMPSTER, WHATEVER IT IS BACK IN THERE THAT WE FIGURE OUT IN THE FUTURE THAT GIVES US ACTUALLY MORE [01:10:07] GEOGRAPHY BACK WITH WHICH TO FACILITATE SHARED SERVICES SUCH AS SHARED DUMPSTERS OR GREASE TRAPS OR THINGS OF THAT NATURE. SINCE WE'RE NOT GOING TO HAVE A ROW OF CARS PARKED THERE. SO I REALLY LIKE THAT ELEMENT IN THIS SITE PLAN, BECAUSE I THINK IT GIVES US MORE BLANK CANVAS TO ADDRESS THESE CONCERNS THAT COUNCILMAN WICKLIFFE AND COUNCILMAN ROGERS HAVE BROUGHT UP IN THE FUTURE. AND SO I'M VERY SUPPORTIVE OF THE WAY THE BACK ELEVATION HAS BEEN ADJUSTED AND DESIGNED TO HAVE THE GARAGES ON THERE. BUT ROSS, THOSE CARS STILL HAVE TURN RADIUS, SO YOU'RE NOT PICKING UP ANY GEOGRAPHY AND YOU'RE USING CITY OWNED PROPERTY FOR THE BENEFIT OF ONE USER WHILE TAKING AWAY FROM THE 12 TO 15 USERS AROUND IT. IT'S STILL ALLOWS THROUGH TRAVEL. SO, YOU KNOW, THE ULTIMATE SOLUTION MAY BE IN THE BUILDINGS THAT FACE ALONG TO EIGHTH STREET. YOU KNOW WHERE YOU'VE GOT SOME KNOCK OUTS AND SOME LITTLE SPOTS WHERE RIGHT NOW, I THINK SINGLE TENANTS ARE PARKING BEHIND THE BUILDINGS. YOU KNOW THAT THAT MAY BE SOMETHING WHERE THEY DECIDE THAT IT'S MUCH MORE ECONOMICALLY VIABLE TO JOIN IN SOME KIND OF PRIVATE AGREEMENT TO ALLOW FOR SHARED DUMPSTERS AND THINGS OF THAT NATURE, RATHER THAN JUST PARKING THEIR, THEIR F-150 THERE DURING THEIR WORK DAY. I DON'T KNOW, THAT'S A PRIVATE SECTOR THING, BUT THEY WILL HAVE TO BE ABLE TO TRAVERSE INTO THAT ALLEY AND INGRESS AND EGRESS FROM IT. AND I THINK THIS OPENS UP THE INGRESS AND EGRESS DOES ALLOW POTENTIALLY FOR SOME GREEN IN THAT AREA WHERE HISTORICALLY WE'VE NOT HAD ANY. SO I THINK IT'S AN ELEGANT SOLUTION. I MEAN, I WOULD AGREE THAT THE GOVERNMENT SHOULD STAY OUT AS MUCH AS IT CAN IN PRIVATE SECTOR SHOULD PREVAIL. I JUST AM CURIOUS ON HOW BACK ALLEY PLAZA WAS SOLVED BY THE CITY GOING IN THERE AND PUTTING IN DUMPSTERS, DUMPSTER ENCLOSURES AND FIGURING OUT THE PARKING PROBLEM. BUT OVER HERE WE JUST SAY, WELL, GO PAY THE TENANT THREE DOORS DOWN AND $100 A MONTH TO DUMP YOUR TRASH BECAUSE WE DON'T WANT TO GET INVOLVED. I THINK THE MAIN DIFFERENCE IS THE EXISTING STRUCTURES VERSUS AN EMPTY FIELD. BUT, YOU KNOW, WE HAD MORE OF A BLANK CANVAS IN THE BACK ALLEY PLAZA WHERE IT BACKS UP TO THE RAILROAD TRACKS, WHERE THERE WERE NOT EXISTING STRUCTURES, EXISTING ALLEYWAYS IN PLACE. I THINK THAT'S A MUCH MORE APPROPRIATE PLACE FOR MUNICIPALLY OWNED AND REGULATED GREEN SPACE. ALONG WITH WE HAVE A LOVELY SITE THAT'S, YOU KNOW, DIRECTLY ADJACENT TO THIS PROPERTY ON THE OTHER SIDE OF THE STREET THAT WILL PROBABLY INCREASE GREEN SPACE CAPACITY IN DOWNTOWN, AS WELL AS MAYBE SOME PARKING IN THE FUTURE. PLUS, ON THE OTHER SIDE OF THE TRAIN TRACKS, I DON'T KNOW THAT SHOEHORNING SOME GREEN SPACE IN BETWEEN A HORSESHOE OF THE BACK END OF THREE DIFFERENT SETS OF BUILDINGS IS REALLY WHERE WE WANT TO, YOU KNOW, DOUBLE DOWN ON ON PUTTING IN A GRASS LAWN. SO I THINK CREATING THAT AS A VERY DRIVABLE, VERY ACCESSIBLE CORRIDOR TO UNLOCK THAT FULL ALLEYWAY, TO ALLOW PRIVATE SECTOR TO HAVE THE ACCESS AND INGRESS AND EGRESS TO FIND, YOU KNOW, MORE JOINT SOLUTIONS IN THE FUTURE IS A GOOD, RESPONSIBLE THING FOR THE CITY TO DO WITH THE PROPERTY IS MOBILITY AND ACCESSIBILITY. BUT WE CAN DRIVE DOWN ANY NEIGHBORHOOD IN MIDLOTHIAN, AND I BET YOU EVERYONE'S PARKED IN FRONT OF THEIR GARAGE. SO THE THOUGHT THAT THEY'RE GOING TO BE PARKED IN THE GARAGE, UNLESS THERE'S GOING TO BE SOME TYPE OF AGREEMENT FOR OUR ENCROACHMENT THAT SAYS THEY CAN'T BE PARKED ON THE SURFACE DURING THESE HOURS IS WRITTEN. I DON'T KNOW HOW YOU FORCE THAT CAN ABSOLUTELY, ABSOLUTELY PUT THAT INTO THE ENCROACHMENT AGREEMENT AND COMMON ACCESS. IT'S A FIRE LANE FOR THE MOST PART. IF IT'S PROPERLY STRIPED IS A FIRE LANE. WE CAN ABSOLUTELY ENFORCE THAT. I MEAN, IT'S STRIPED RIGHT NOW, EVEN THOUGH IT'S PROPERLY STRIPED. SO I'VE GOT A I'VE GOT A QUESTION. SO CAN WE GO BACK TO THE LET'S SEE WHAT IT WAS. THE PICTURE YOU JUST HAD UP THERE THAT SHOWED THE 15FT AND THE. THE ENCROACHMENT. YEAH. SO ON ON THIS. I'M JUST TRYING TO CLARIFY FOR SIMPLICITY'S SAKE. SO WE'RE SAYING WE'RE NOT GIVING UP ANY PARKING BY DOING THE GARAGES, BUT ON THE PICTURE, IT LOOKS LIKE IT'S SQUIGGLED OUT, LIKE ALL THE YOU WILL LOSE THOSE SPACES TO INSTALL THE GARAGES. OKAY, SO WE ARE LOSING PARKING BY APPROVING THIS PARTICULAR. YEAH YOU WILL. OKAY. YOU WILL LOSE THOSE SPACES ON THE NORTH END OF THIS BUILDING. WE'RE LOSING THEM REGARDLESS. WHY IS THAT? GARAGE OR NOT? BECAUSE IT'S A FIRE LINE. CORRECT. THAT'S WHAT I WAS TRYING TO UNDERSTAND EARLIER. HOW ARE PEOPLE PARKED THERE RIGHT NOW? IT IS. IT IS NOT CURRENTLY MARKED AS A FIRE LANE. IT IS IT IS STRIPED AS A FIRE LANE. YEAH. IT'S. YES. BUT IT IS WHERE CIRCULATION AND THINGS COME IN. FIRE WOULD LOVE FOR HAS SAID THAT THEY WOULD LOVE FOR THIS TO BE KIND OF THEIR PULL OFF OFF OF SEVENTH SO THAT THEY CAN ACCESS THE AREA AND SERVE THE AREA. BUT IF THAT WERE TO HAPPEN, IT WOULD BLOCK IT. [01:15:02] BUT YOU ALSO, THE CARS HAVE TO PULL RIGHT UP TO THE BUILDING TO BE OUT OF THAT FIRE LANE TODAY. THIS WOULD LOSE THOSE 11 SPACES. AGAIN, WE HAD 12 UP TO 12 PARKING OR 12 UNITS, EACH OF THOSE WITH CARS THAT WOULD HAVE BEEN PARKED ON SEVENTH OR ON IN THE CITY LOTS, OR ANY PUBLIC PARKING AROUND. WE'VE ELIMINATED THAT. SO YOU'RE GAINING THOSE PARKING SPACES BACK. THE POINT I WANTED TO MAKE SURE YOU GOT IT. THANK YOU. MIKE. I JUST WANT TO GO BACK AND MAKE IT CLEAR. WELL, FIRST OF ALL, HAVE A QUESTION. ARE YOU TALKING ABOUT BRINGING THE CARS IN FOR GARAGE PARKING OFF OF WHAT? I'M GOING TO REFER TO AS THE EAST ALLEYWAY OR OFF OF SEVENTH STREET. THEY WOULD BE ABLE TO ACCESS THEIR GARAGE EITHER WAY FROM THE ALLEY OR FROM SEVENTH. IF SEVENTH IS SHUT DOWN FOR A FESTIVAL OR EVENT, THEY WOULD COME IN FROM THE EAST OR SOME OTHER WAY TO TO GET TO THEIR UNIT. OR I KNOW IN IN OTHER CITIES THAT HAVE EVENTS WHERE THE STREETS ARE SHUT DOWN, YOU'RE NOT ALLOWED BACK IN SOMETIMES, LIKE DURING A PARADE, YOU JUST YOU'RE NOT GOING TO BE ALLOWED BACK IN THE STREET. SHUT DOWN. IT'LL IT'LL PASS HERE IN A LITTLE WHILE. SO AND I WANTED TO MAKE SURE MY FOCUS IS NOT ABOUT MONDAY THROUGH FRIDAY GENERAL USAGE. MY FOCUS IS ABOUT THAT WE ARE ABLE TO KEEP, BECAUSE WE'VE ACTUALLY BEEN IN MEETINGS RECENTLY ABOUT HOW WE WILL UTILIZE, IN A MORE CONSTANT BASIS, OUR DOWNTOWN AREA FOR EVENTS, FOR OUR OTHER SMALL BUSINESSES THAT ARE HAVING A TOUGH TIME. SO MY FOCUS IS SOLELY AROUND THAT. THIS DOES NOT INHIBIT UPON US BEING ABLE TO CLOSE SEVENTH DOWN IF WE WANT, AND IT WILL STILL HAVE ACCESS EVEN POSSIBLY OFF OF MAIN. MY OTHER QUESTION FOR YOU WOULD BE, AND I WANT TO BE CAREFUL HOW I ASK THIS, BECAUSE THERE'S ONE SIDE OF ME THAT THAT WANTS YOUR BUSINESS HERE VERY BADLY, BUT THERE'S ANOTHER SIDE OF ME THAT HAS CONCERN, AS WHEN I TOOK MY WIFE, I WANTED TO TAKE MY WIFE TO DEL PRIMO'S A COUPLE OF WEEKS AGO. AND I'M LIKE, WELL, THIS PLACE IS A LITTLE BIT TOUGHER TO GET INTO THAN I THOUGHT IT WAS, AND I SHOULD HAVE TAKEN A LITTLE BIT MORE TIME. AND I PROMISE TO COME BACK AND USE THE VALET PARKING. BUT THAT BEING SAID, AS YOU UTILIZE VALET PARKING FOR MIDLOTHIAN AS YOU WILL. I GUESS I HAVE A LITTLE BIT OF CONCERN AND I'M BEING COMPLETELY HONEST. WE'VE JUST SPENT ALL THIS MONEY ON GETTING JUST WHAT I CALL NOT EVEN 20% OF THE EXTRA PARKING WE NEED. I CALL THAT THE AT&T PARKING LOT. IT'S OVER BY WHERE THE OLD POST OFFICE USED TO BE. SO DO YOU FOLKS HAVE IN YOUR PLANS TO TRY TO PROVIDE PARKING THAT WILL NOT INHIBIT UPON THE CITY OWNED PARKING, AS WE'VE SPENT THIS MONEY TO TRY DISALLOWED DESTINATION POINT FOLKS TO HAVE ACCESS TO THAT, TO WHERE THEN THAT'S NOT ALL FILLED UP BECAUSE YOU FOLKS RUN A LOT OF BUSINESS. I'M WILLING TO ADMIT THAT. SO A COUPLE OF POINTS WITH THAT. THE FIRST I WOULD SAY IN MANSFIELD, THE OWNERSHIP WENT AND PURCHASED PROPERTY ADJACENT TO THEIRS. WHEN IT BECAME OBVIOUS THAT THEY HAD A PARKING SITUATION SO THAT THEY HAVE THE ABILITY TO VALET. THEY ALSO HAVE PRIVATE AGREEMENTS WITH OTHER PRIVATE PROPERTY OWNERS THAT ARE NEARBY WHERE THEY DO THEIR VALET SERVICES. IT WOULD BE VERY SIMILAR HERE. YOUR PUBLIC PARKING THAT YOU HAVE STRATEGICALLY PLACED IS FOR BENEFIT OF PUBLIC TO COME TO DESTINATION PLACES LIKE THE RESTAURANTS THAT ARE GOING TO BE IN YOUR DOWNTOWN MONDAY THROUGH FRIDAY AND THEN OPERATING SATURDAY AND SUNDAY AS WELL. SO THAT'S WHAT THE PUBLIC PARKING IS FOR, IS FOR THESE THINGS. NOW, WHEN YOU HAVE EVENTS EVERY WE ALL KNOW IF WE IF WE ARE UNFORTUNATE ENOUGH TO HAVE TO GO TO ARLINGTON FOR A, FOR A COWBOYS GAME, THAT IT'S GOING, WE'RE GOING TO ALSO BE IN TRAFFIC. WE'RE ALSO GOING TO HAVE ISSUES FINDING PARKING. THAT'S WHAT HAPPENS WHEN YOU HAVE A PLACE THAT YOU WANT TO GO TO. YOU'RE GOING TO PARK ONCE AND HOPEFULLY BE ABLE TO WALK AROUND AND GO TO THE SHOPS, GO TO THE DIFFERENT RESTAURANTS. GRAB DESSERT UP THE STREET AND NOT HAVE TO DRIVE TO EACH OF THOSE AND FIND. FIND PARKING. SO I DO BELIEVE THAT THE PRIVATE MARKET WILL BE ABLE TO SOLVE SOME OF IT. YOU DO HAVE PUBLIC PARKING SOLUTIONS THAT ARE ALREADY HERE. AND THEN, LIKE I SAID, THE OWNERSHIP GROUP HAS BEEN ABLE TO WORK THROUGH IN MANSFIELD, SPECIFICALLY WITH PRIVATE AGREEMENTS WITH OTHER PROPERTY OWNERS AND THE VALET SERVICE. SO AND THE PURPOSE OF MY QUESTION IS NOT NECESSARILY TO NITPICK WHAT YOUR PARKING MIGHT BE BE LIKE, BUT IT ALLOWS ME TO REFERENCE OTHER POINTS OF CONVERSATION THAT ARE HAPPENING PRESENTLY, FOR INSTANCE, WITH HERITAGE PARK. YES, SIR. AND WE'RE TALKING ABOUT ALL THIS PARKING WE GOT EVERYWHERE. AND IF I'M FINDING OUT NOW, WHICH I'M LOVING WHAT I'M HEARING, YOU COULD CONSUME A LOT OF PARKING. [01:20:04] THEN I MIGHT BE CONCERNED ABOUT MORE PARKING THAT WE WOULD NEED. SO THAT'S THAT'S REALLY ATTACHED TO ANOTHER CONVERSATION IS WHY I'M ASKING. SO. YES, SIR. MUSIC TO MY EARS. BRING ALL THE FOLKS IN HERE. YOU CAN. AND THANK YOU, ANNA. I'M TRYING TO KEEP STRAIGHT WHAT WE'RE DECIDING ON TONIGHT SO I CAN SO THE THE I'M HEARING ON THE ALLEY AND THE GARAGES, BUT THERE'S ALSO THE FIRST TWO OPTIONS ON THE FRONT. SO SPECIFICALLY, WE ARE REQUESTING THAT WE HAVE FLEXIBILITY AS IT RELATES TO THESE TWO OPTIONS. THE TWO OPTIONS HERE. PATIO. NO PATIO. WE WOULD LIKE TO WE REALLY WANT TO DO THIS BUT IT'S ENTIRELY DEPENDENT ON TXDOT RIGHT. THE OTHER THING CONSIDERATION IS THIS IS WHAT WE ARE CURRENTLY APPROVED TO BUILD. IF WE HAD SUBMITTED BUILDING PLANS FOR THIS WE WOULDN'T BE BEFORE YOU. RIGHT NOW, WE WELL, WE DO HAVE A SITE PLAN APPROVAL ATTACHED, BUT WE DON'T HAVE ANYTHING THAT WE CAN SITE PLAN WITH IT. SO THIS IS WHAT WHAT WE CAME FORWARD WITH AS WE GET INTO ACTUAL DESIGN REALIZING THAT WE'RE IN THE RIGHT OF WAY, THERE ARE THINGS THAT WE CAN'T DO. WE HAVE COME FORWARD WITH THIS. THIS IS WHAT WE WOULD LIKE TO BUILD. THE DOOR GETS SHIFTED SO THAT YOU'RE NOT JUST OFF OF A FOUR FOOT SIDEWALK. THE THE BUILDING ELEVATION HAS CHANGED, SO WE'RE WE'RE NEEDING APPROVAL FOR THAT. EVERYTHING THAT YOU SEE ON THIS PAGE IS WHAT WE'RE REQUESTING APPROVAL FOR. BUT THERE IS SOME FLEXIBILITY. FLEXIBILITY REQUEST AS WE WORK THROUGH THESE FINAL DETAILS WITH GARBAGE, GREASE, ALL OF THAT. BECAUSE IF WE GET AN ENCROACHMENT AGREEMENT OR SOME FORM OF AGREEMENT WITH THE CITY FOR BEING ABLE TO DO THIS SITE PLAN, WE WOULD BE ABLE TO SUBSTANTIALLY ELEVATE THE ARCHITECTURE ON THIS SIDE. EACH OF THOSE DOORS WOULD GET AWNINGS, THERE WOULD BE LANDSCAPING, THERE WOULD BE LIGHTS, THERE WOULD BE ADDRESS NUMBERS BESIDE THE DOOR, ALL OF THOSE THINGS. WE CAN'T DO ANY OF THAT BECAUSE IT IT THIS IS NOT RIGHT OF WAY. IT'S PRIVATE PROPERTY. SO IF I ENCROACH, IF I PUT AN AWNING OVER THAT DOOR, I'M ENCROACHING INTO YOUR PRIVATE PROPERTY. SO I CAN'T SHOW THAT ON A RENDERING TODAY. AND YOU DO HAVE A RECOMMENDED MOTION THAT TRIES TO CAPTURE EVERYTHING THAT HE'S ASKING FOR THIS EVENING. THAT STAFF PUT TOGETHER. THANK YOU SIR. AND YOU'LL COME BACK FOR ENCROACHMENT ON THE DETAILS OF THAT ONCE WE HAVE WORKED THROUGH WITH STAFF. THERE WILL BE WE HAVE BUILDING PERMITS IN. WE'VE ADDRESSED A LARGE MAJORITY OF THE COMMENTS. WE HAVE SOME OUTSTANDING ITEMS HERE. CURRENTLY, OUR BUILDING PERMITS HAVE THE GREASE TRAP IN THE ALLEY ON THE EAST SIDE. THROUGH DISCUSSIONS, IF WE'RE GOING TO BE NEEDING THIS ENCROACHMENT AGREEMENT, IT MAKES SENSE FOR US TO RELOCATE THAT GREASE TRAP TO WHERE WE'RE NOT ENCROACHING INTO AN ALLEY, THAT WE'RE ACTUALLY ON TO ANOTHER AREA WHERE WE ALREADY ARE ENCROACHED. WE ALSO STILL DON'T I DON'T HAVE ANY CLUE HOW LONG IT'S GOING TO TAKE TO EVEN HAVE A CONVERSATION WITH TXDOT ABOUT PROVIDING THIS OPTION. IF THAT PROVES THAT IT'S GOING TO TAKE FOREVER AND WE JUST DON'T HAVE TIME BECAUSE WE STILL HAVE CARRYING COSTS ON A BUILDING AND IT'S TIME TO GET GOING AND START SELLING TACOS. THEN THIS HAS TO BE THE THING THAT TAKES PLACE. SO I'LL JUST GIVE MY INPUT AND THEN WE'LL FIGURE OUT WHERE WE'RE GOING AS FAR AS EMOTION IS CONCERNED. BUT I'M I'M PERSONALLY OKAY WITH THE GARAGES. I LIKE THEM MUCH BETTER THAN 12 OF THEM TAKING UP PUBLIC PARKING SPOTS. HOWEVER, ON THE MAIN STREET SIDE, ON THE SOUTH SIDE, IF I HAD TO CHOOSE, I WOULD TAKE THE PARKING OVER THE PATIO. PERSONALLY, I'M THE OPPOSITE THAT YOU WOULD GO THE OTHER WAY. I MEAN, EITHER WAY, IT'S TEN SPACES VERSUS TEN SPACES EITHER ON THE NORTH OR THE SOUTH. I'M HEARING THAT WE MAY NOT BE ABLE TO GET 20. YEAH, I OUR REQUEST WOULD BE THE PATIO AND THE GARAGES. AND YOU WOULD, YOU WOULD. YES. IF I CAN GO BACK TO YOUR DOWNTOWN MASTER PLAN. YOU LOST ALL OF THOSE PARKING SPACES IN YOUR DOWNTOWN MASTER PLAN, WHICH IS WHY WE TRIED TO DESIGN THE WAY WE DID. I MEAN THE REASON I'M NOT AS CONCERNED ABOUT THE PARKING. AND THIS MIGHT BE WHERE YOU'RE GOING, JUSTIN, BUT IT'S LIKE WHAT BRANDON BURGER DOES NOW. IT'S NOT IDEAL, BUT IT'S BETTER THAN NOT HAVING THEM, IN MY OPINION. I DON'T THINK IT'S THE END OF THE WORLD TO HAVE THE PATIO THERE. BUT I DO THINK, YOU KNOW, IF I HAD THE CHOICE, I WOULD I WOULD CHOOSE THE PARKING SPOTS. BUT THAT'S MY INPUT. AND JOE, I'M NOT SEEING THE RECOMMENDATION. YEAH, LET'S LET'S LET WAYNE MAKE HIS COMMENTS AND CLARK AND THEN WE'LL MOVE TO A MOTION. CAN SOMEONE JUST TELL ME IS VERY SIMILAR TO MISS HAMMOND'S WITH REGARDS TO THE 11, 10 OR 11 PARKING SPACES IN THE BACK ELIMINATED 10 OR 11 OR SO IN THE FRONT AND ELIMINATED. WE'VE GOT 20 PARKING. AND I RECOGNIZE THE BUILDING ITSELF IS ON PROPERTY LINE, SO YOU'RE HAVING TO WORK AROUND THAT BECAUSE YOU DON'T HAVE THE EXTRA SPACE. [01:25:07] SO A LOT OF THE PARKING WOULD GO TO. AS MR. ROGERS MADE A COMMENT EARLIER INTO THE PUBLIC PARKING AREAS OF DOWNTOWN THAT WE'RE GOING TO HAVE TO WE'RE GOING TO HAVE TO MOVE FORWARD IN DEVELOPING. BUT THAT IS MY CONCERN. I RECOGNIZE THAT THE MASTER PLAN SHOWED SIDEWALKS AND LOSING THOSE, BUT THAT WAS WITH THE IDEA IN MIND. PROBABLY GOING TO BE SOME IN THE BACK. NOW WE'RE LOOKING AT NONE IN THE BACK AND NONE IN THE FRONT. THE POSSIBILITY I DON'T KNOW THAT I HAVE A REAL BEEF ABOUT THAT. I JUST HAVE AN OBSERVATION ABOUT IT IS REALLY ALL I HAVE. AND AND THAT'S NOT ONLY, AS MAYOR POINTED OUT EARLIER, MAYBE, YOU KNOW, NINE OR 10 OR 11 SPOTS WE MAY BE LOSING. I'M LOOKING AT THE POSSIBILITY OF MAYBE 20 SPOTS THAT WE'RE LOSING DOWNTOWN, AND WE'RE GOING TO HAVE TO MAKE THAT UP SOME OTHER HOUSE. I JUST AN OBSERVATION. PROBATION. AS FAR AS THE PATIO OR NON PATIO? I LIKE BOTH. THAT'S NOT MY CONCERN. I STILL DIFFER WITH EVERYONE ON THE GARAGE. OUR CALCULATION FOR DENSITY FOR APARTMENTS IS, I THINK, 2.2, 2.1 PEOPLE. TWO APARTMENTS. SO THAT'S NOT A SINGLE CAR. THE ODDS OF TWO PEOPLE LIVING HERE ARE VERY HIGH. THAT IS A ONE CAR GARAGE. I UNDERSTAND, AND I DON'T MEAN THIS THE WAY IT'S GOING TO SOUND, BUT I CAN'T THINK OF A BETTER WORD AT THE TIME. THE THREAT IS DO THIS. I'LL PUT 11 IN. WILL WE TALK ABOUT THE MARKET A LOT? PUT 11 IN, BECAUSE THEY'RE EITHER GOING TO WANT TO WALK TO THEIR APARTMENT OR THEY'RE NOT, AND THE MARKET'S PROBABLY GOING TO DICTATE THAT THEY DON'T, WHICH MEANS YOU'RE PROBABLY GOING TO PUT IN LESS OR MAYBE YOU PUT IN ALL 11. BUT WHAT I DO KNOW, BECAUSE I HAVE A LONG HISTORY IN THIS ALLEYWAY, IS THAT THAT IS GOING TO BE A PROBLEM. I MEAN, THAT THAT DOESN'T JUST SERVE EL PRIMOS, THAT SERVES ALL THE OTHER USERS AROUND IT, AND YOU'RE TAKING IT AWAY TO SERVE A SINGLE USER. I DON'T HAVE A PROBLEM WITH THE GREASE TRAP. THAT'S WHATEVER. WE ALREADY APPROVED ONE ACROSS THE STREET A MINUTE AGO. THAT COULD BE UNDERGROUND. I THINK THE DUMPSTER ENCLOSURE. WE'RE GONNA HAVE TO FIGURE OUT LONG TERM PLAN. BUT AS FAR AS PATIO, NO PATIO. I'M FINE WITH BOTH, BUT I HAVE A REALLY BIG CONCERN WITH THE GARAGES. AND IF WE HAVE TO DO AN ENCROACHMENT AGREEMENT FOR AWNINGS, I'M FINE WITH THAT. THAT'S ARCHITECTURAL LOOKS. ANYTHING THAT ENCROACHES TO IMPROVE THE LOOK OF THE BUILDING IS FINE, BUT THE INGRESS EGRESS OF VEHICLES IN AND OUT OF THE BUILDING IN THE BACK IS AN ISSUE FOR ME. OKAY, FINAL COMMENTS I JUST WANT TO MAKE A FINAL COMMENT THAT, JUST SO YOU ALL KNOW, I'M IN FULL SUPPORT OF WHAT YOU'RE DOING. THIS IS A WONDERFUL PROJECT, BUT I AS OF TONIGHT, BECAUSE WE DON'T HAVE ALL THE PARAMETERS IN PLACE FOR REAR PARKING WITH THE FIRE ZONE AND THE WHOLE NINE YARDS. I CANNOT SUPPORT THIS TONIGHT WITH GARAGES INCLUDED, SO I'M ALL ON BOARD FOR WHAT YOU'RE DOING. BUT BUT FOR AT THIS POINT, UNTIL I CAN GET A LITTLE FURTHER AHEAD TO FIGURE OUT EXACTLY WHAT'S GOING ON AND THE WAY IT WILL BE FIXED, I CAN'T SUPPORT IT OFF OF THAT. SO IT WOULD THAT WOULD BE THE REASON THAT WOULD HOLD ME UP TONIGHT. EVERYTHING ELSE YOU'RE DOING, I DON'T CARE ABOUT THE PATIO. YOU'RE A BUSINESSMAN. YOU FOLKS RUN A WONDERFUL BUSINESS OVER THERE. THIS IS GOING TO BE A GREAT ASSET TO OUR COMMUNITY. BUT THE THE GARAGE PARKING HAS GOT ME UNTIL. THAT'S TOTALLY ON PAPER. AND THANK YOU FOR EVERYTHING YOU'RE SUBMITTING, MR. ROGERS. THAT FOR YOUR CONSIDERATION IN THAT THIS WOULD BE THE SOLUTION THAT IS BEING PROPOSED AND CONSIDERED. WE JUST DON'T HAVE THE NUTS AND BOLTS OF THE LEGAL LANGUAGE OF HOW THAT ENCROACHMENT IS. BUT THIS WOULD BE HOW THAT IS GOING TO BE RESOLVED. OKAY. OKAY. ALAN, DO YOU HAVE FINAL COMMENTS? OH IS THERE A WAY TO I MEAN, DO YOU HAVE A PLAN? IF THE GARAGES ARE. NO GO. LIKE, IS THERE AN ALTERNATIVE WE HAVE NOT CONSIDERED AT THIS TIME? WE WE BELIEVE THAT THERE'S GOING TO BE A CHALLENGE IN HAVING RENTAL UNITS IN DOWNTOWN THAT DO NOT HAVE A GARAGE. THE MARKET RATE DOESN'T SUPPORT THEIR CONSTRUCTION WITHOUT THE GARAGE, WITHOUT A PLACE TO PARK THEIR CAR. AND IT ALSO IT IT FORCES THOSE PEOPLE TO THEN GO USE YOUR PUBLIC PARKING SPACES. WITH IT. SO WE HAVE NOT CONSIDERED OTHER SOLUTIONS WITHOUT A GARAGE IN THE UNIT. OKAY. AND JUST LOOKING FOR CLARITY OR JUST LIKE AN HONEST FEEDBACK ON IT. WOULD THE ORIGINAL APPROVAL DID DID SOMETHING CHANGE OVER THOSE TWO YEARS? WAS THAT LIKE A MARKET ADJUSTMENT THAT SHIFTED? BECAUSE OBVIOUSLY, IF THIS IF IT WAS SUGGESTED TO DO THAT ORIGINALLY, AT SOME POINT SOMEBODY THOUGHT THIS WILL WORK, RIGHT? [01:30:07] SO, SO BACK AT AT THE ORIGINAL CONCEPT PLAN, WHEN WE WHEN WE WENT THROUGH THIS, THERE WERE OTHER COMMENTS FROM STAFF RELATED TO FIRE BUILDING EGRESS, INGRESS, EGRESS. THE STREET WAS UNDER DESIGN AT THE TIME THAT WE FIRST CAME THROUGH, AND IT WAS NOT CONTEMPLATED THAT WE WOULD HAVE A FOUR, JUST A FOUR FOOT SIDEWALK. AND THEN YOU'RE STEPPING OUT OF THAT FOUR FOOT SIDEWALK INTO THE STREET. BUT THAT'S HOW IT HAS BEEN DESIGNED AND IS WHAT IS BEING CONSTRUCTED TODAY. SO ALL OF THOSE THINGS DICTATED THE CHANGES TO IT, TO A COLLABORATION. ALL WE HAD TO MOVE THE DOORS AND THEN STAFF HAD VALID POINTS. THE LAST TIME WE WERE HERE OF WHERE ARE THESE PEOPLE GOING TO PARK? HOW ARE YOU? WE'RE GOING TO USE THE PUBLIC PARK. SO WE WE FELT LIKE WE WERE ADDRESSING THOSE CONCERNS BY PROVIDING PRIVATE SPACES THAT THAT DON'T DEAL WITH THAT AND THEN ULTIMATELY BEING ABLE TO HAVE THE ACCESS TO GET THEM THERE. THAT MAKES SENSE, I APPRECIATE IT. ANNA, DID YOU HAVE COMMENTS? JUST LIKE WE'VE DONE RECENTLY WITH OTHER PROJECTS, CAN THEY GO BACK AND WORK OUT KINKS WITH STAFF BEFORE WE PUT IT TO A VOTE? WE'VE DONE THAT RECENTLY, BUT WHAT ARE OUR OPTIONS SAID WITHOUT PREJUDICE? OR IT COULD BE THAT OR WITHDRAW OR POSTPONE. WELL, AND THIS ISN'T EVEN A PUBLIC HEARING, SO IT COULD JUST BE I MEAN, IF YOU WANT US TO GO WORK ON STUFF AND BRING IT BACK AT THE NEXT MEETING, WE JUST NEED THAT THAT DIRECTION AND WHAT WE'RE WORKING ON. OBVIOUSLY THE ALLEY IS THAT SEEMS LIKE THE NUMBER ONE ISSUE TO WORK ON, BUT BUT THIS ISN'T A PUBLIC HEARING. SO, JOE, IF I'M CORRECT THAT THERE'S NO NEED TO CONTINUE ANYTHING. THAT'S CORRECT. IF IF IF IT DOESN'T PASS TONIGHT, THEY CAN JUST BRING IT BACK ANYWAY, RIGHT? BUT IT HAD TO BE WITHOUT PREJUDICE. BUILDING. BUILDING ELEVATIONS. THERE'S A LOT OF OTHER THINGS THAT HAVE BEEN BROUGHT UP TO, YOU KNOW, HAVE BEEN BROUGHT UP TONIGHT THAT REALLY AREN'T EVEN BE HONEST, AREN'T RELEVANT TO YOUR APPROVAL HERE ON THE BUILDING ELEVATIONS. AND THAT'S IF YOU LOOK AT THE RECOMMENDED MOTION THAT WAS THAT WAS IN RECOMMENDED MOTION, ALLOWED STAFF TO HAVE SOME FLEXIBILITY FOR THOSE THINGS. THAT WOULD BE A SUBSTANTIAL, SUBSTANTIAL CHANGE. JOE, CAN YOU CLARIFY? BECAUSE THAT'S WHAT I, I FEEL LIKE I'M I WAS ASKING EARLIER LIKE WHAT OUR DECISION IS THAT WE'RE MAKING TONIGHT, AND I'M HEARING THAT IT WAS THE PARKING WITH THE GARAGES AND THE FRONT, THE SOUTH PARKING, WHICH IS GOING TO BE PART OF YOUR BUILDING ELEVATIONS. OKAY. I'VE GOT A MOTION WHEN EVERYBODY'S DONE. DID WE ANSWER WHAT. BUT YEAH, THE ELEVATIONS ARE. BUT TO BE CLEAR, THE WHOLE REASON WE HAD THE CONVERSATION WITH THE GARAGE IS BECAUSE IT'S IN THE SITE PLAN. AND THE IN THE AGENDA ITEM IS TO APPROVE THE SITE PLAN, AND THE SITE PLAN HAS THE GARAGE IN GRASSY GRASS, CORRECT? BUT I GUESS AS A TECHNICAL POINT, I'M NOT TRYING TO MAKE IT DIFFICULT. I JUST WANT TO MAKE SURE WE GET IT STRAIGHT BECAUSE I'M FINE WITH THE ELEVATIONS. I DON'T HAVE A PROBLEM WITH THAT. YEAH, WITH THE EXCEPTION OF THE GARAGE, WITH THE EXCEPTION OF THE GARAGE. SO WHICH IS A PRETTY BIG PART OF THE ELEVATIONS. NO, THE FRONT PART IS THE BIGGER PIECE. ARE YOU OKAY? YEAH. ARE WE NOT APPROVING THE SITE PLAN? YOU ARE TECHNICALLY APPROVING THE SITE PLAN. BUT AGAIN, I WOULD NOTE THAT TECHNICALLY IT'S KIND OF IMMATERIAL TO THE ZONING BECAUSE THE PROPERTY WHICH IS DESCRIBED IN THE PD AS WHOLLY THEIR PROPERTY, NOT OUR RIGHT OF WAY OR OUR PRIVATE LOT, IS NOT TECHNICALLY PART OF A SITE PLAN. YEAH. SO IT'S REALLY JUST THE ELEVATION. TECHNICALLY, HE COULD HAVE GARAGES THAT DON'T HAVE ACCESS. THEY CAN'T ACCESS. YEAH. I MEAN, YEAH, THAT WOULD BE KIND OF DUMB. BUT YEAH, IN THE ORIGINAL ZONING, IT SHOWS 4 TO 12 APARTMENT UNITS. SO IF YOU JUST LEFT IT AND SAID THEY STILL GOT THE RIGHT TO 4 TO 12 APARTMENT UNITS, BUT NO GARAGE ACCESS. I MEAN, YOU COULD APPROVE ALL THE OTHER ELEVATIONS AND JUST LEAVE THE 4 TO 12 APARTMENTS, RIGHT? BECAUSE THE GARAGES WERE NOT NECESSARILY CONTEMPLATED IN THE ORIGINAL PD, ONLY THE APARTMENTS. OKAY. I THINK WE'VE CLEARED THIS HORSE. ALLEN HAS A MOTION. I GOT A MOTION. LET'S GIVE IT A WHIRL. I'LL MAKE A MOTION TO APPROVE AS PRESENTED. ALL RIGHT. SECOND. WE HAVE A MOTION TO APPROVE AS PRESENTED BY COUNCILMAN MORMON. SECONDED BY COUNCILMAN WEAVER. CLARIFICATION. THAT IS. YEAH. IS IT THE RECOMMENDED MOTION DOWN HERE WITH STAFF RECOMMENDATION? YES, WITH STAFF RECOMMENDATIONS. APOLOGIES. WHICH I'LL JUST READ IT FOR THE RECORD, IF THAT'S OKAY. STAFF RECOMMENDS APPROVAL AS PRESENTED WITH THE NOTE THAT THE DEVELOPMENT AGREEMENTS WILL NEED WILL BE NEEDED TO ADDRESS TRASH SERVICE, GREASE TRAP AND ENCROACHMENT AGREEMENT WITH TXDOT FOR THE FRONT PATIO, AND THAT STAFF STILL RESERVES THE ABILITY TO BRING BACK TO COUNCIL ANY PROPOSED REVISIONS AS STATED IN THE LETTER OF THE APPLICANT. SHOULD THERE BE ANY DISPUTE ON WHAT CONSIDERS SIGNIFICANT CHANGES FROM THE APPROVED PLANS AND ORDINANCES? MOTION FROM COUNCILMAN MORMAN, SECONDED BY COUNCILMAN WEAVER. [01:35:03] PLEASE VOTE. CYCLING ENCROACHMENT AGREEMENT. YEAH. ANY ENCROACHMENT AGREEMENT WOULD HAVE TO COME BACK TO THE CHURCH. YEAH. THE KIRKMAN AGREEMENT IS GOING TO BASICALLY ADDRESS WHAT YOU'RE CONSIDERING. THE SITE PLAN. AND IT PASSES 6 TO 1. THANK YOU. THANK YOU, MR. LEWIS. THANK YOU. THANK YOU. STAFF. I'M GOING TO DO A FAVOR FOR A COUPLE OF PEOPLE AND A DISSERVICE TO ONE. TAMMY. WE'RE GOING TO MOVE TWO ITEMS UP. WE'RE GOING TO HEAR ITEM 478, THE APPRAISAL DISTRICT, AND THEN WE'LL HEAR THE BACK PORCH THEATER 479 RIGHT AFTER. AND THEN WE WILL GET TO THE REST OF THESE. SO THANK YOU FOR YOUR FLEXIBILITY, TAMMY. PUT YOU ON THE SPOT WITH ALL THIS NEW TECHNOLOGY. SO WE'RE GOING TO OPEN ITEM 2024 478. [2024-478] AND THAT IS, CONSIDER AND ACT UPON A RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE ELLIS APPRAISAL DISTRICT FOR THE YEAR OF 2025. AND TAMMY, ANYBODY SIGNED UP TO SPEAK ON THIS CASE? OKAY. OBVIOUSLY, WE'VE ALREADY HEARD FROM MR. HURST, AND IF ANYBODY WOULD HAVE FURTHER QUESTIONS OF HIM, WE CAN CERTAINLY BRING HIM BACK UP. BUT, CHRIS, DO YOU WANT TO TAKE THE LEAD ON THIS ONE? YES. BASICALLY, I'D LIKE THE AGENDA ITEM SAYS YOU'VE GOT 408 VOTES TO CAST. YOU CAN DISTRIBUTE THOSE TO ONE INDIVIDUAL OR AMONGST MULTIPLE CANDIDATES, I CAN TELL YOU THAT FROM OTHER VOTES THAT HAVE OCCURRED IN OTHER TAXING JURISDICTIONS. DANNY MCILROY HAS SECURED A SPOT AND I KNOW RICK KEELER HAS SECURED A SPOT. I'M UNSURE ON ON THE REST. BUT AND ALSO TO NOTE THAT WHEN WE NOMINATED, WE NOMINATED THE EXISTING FIVE MEMBERS. MR. HURST BEING ONE OF THEM, WALTER IRWIN BEING THE OTHER. AND I'M SORRY, I THINK IT WAS RUSTY BALLARD. WAS THE OTHER NOMINEE THAT WE HAD, BUT BUT I DO KNOW THAT THROUGH OTHER VOTES, THOSE TWO INDIVIDUALS HAVE SECURED AND THERE MAY BE OTHERS THAT HAVE SECURED THROUGHOUT THE COUNTY, BUT THOSE ARE THE TWO THAT I'M AWARE OF. SO DO WE KNOW HOW HOW MANY VOTES ARE NEEDED? IT TAKES 834 TO TO ENSURE NOMINATION AND WE OFFER 408. THAT'S CORRECT. AND DO WE KNOW HOW MANY? DAVID YOU HAVE CAN WE? IT'S MY UNDERSTANDING THAT IF WE WANTED TO RETAIN MR. HEARST AS OUR REPRESENTATIVE, IT WOULD TAKE ALL OF OUR VOTES AND THEN SOME FROM ANOTHER ENTITY TO DO SO. CORRECT. AND, DAVID, YOU CAN CORRECT ME IF I'M WRONG, BUT I THINK IT WAS APPROXIMATELY 134 ROUGHLY THAT WAS ALLOCATED BY THE SCHOOL DISTRICT TO MR. HEARST. YES, SIR. THAT'S CORRECT. AND THE REMAINING VOTES OUT THERE? THERE IS AN EXTRA AMOUNT OF VOTES AND THE OTHER REQUIREMENT. SO IT DOES NOT NEED TO BE THE TALLEST MAN. BUT I WOULD REQUIRE ALL OF US. ROSS, YOUR MICROPHONE IS ON. I HAVE A MOTION. WE'RE READY. ANY OTHER QUESTIONS? I GOT A SECOND. WHEN YOU'RE READY, ROSS. MAKE A MOTION TO ALLOCATE 408 VOTES TO DAVID HEARST. SECOND. MOTION FOR TO ALLOCATE ALL 408 VOTES TO DAVID HIRST BY COUNCILMAN WEAVER, SECONDED BY COUNCILMAN MORMON. PLEASE VOTE. ITEM PASSES 7 TO 0. THANK YOU FOR REPRESENTING US, DAVID. THANK YOU. OKAY. WE WILL OPEN UP ITEM 479. [2024-479] AND THAT IS, CONSIDER AND DISCUSS AUTHORIZING BACK PORCH THEATER, INC. TO UTILIZE THE MIDLOTHIAN CONFERENCE CENTER FOR PERFORMANCES AT A REDUCED RATE OF 25% OF THE STANDARD RATE AND DIRECT STAFF AS NECESSARY. I BELIEVE ALAN MORMON IS GOING TO TAKE THE LEAD ON THIS ONE. SURE. SO, AS YOU MAY REMEMBER COUNCIL WE HAD A INDIVIDUAL OR A COUPLE OF FOLKS, I BELIEVE, FROM BACK PORCH THEATER CAME UP. I GUESS A SEVERAL WEEKS AGO. I CAN'T REMEMBER EXACTLY, BUT THEY HAD SHARED A NEED THAT WAS PRESENTED IN GENERAL AT THAT TIME JUST DURING CITIZENS TO BE HEARD AND IT WAS RELATED TO THEM FINDING A FACILITY THAT WOULD BE MORE APPROPRIATE TO BE UTILIZED FOR THEIR PROGRAMS FOR THEIR PERFORMANCES AND WHATNOT. SO THROUGHOUT FROM THAT TIME UNTIL RECENTLY OR UNTIL EVEN THE LAST FEW DAYS I TOOK ON JUST MEETING WITH [01:40:02] CHRIS MET WITH THE ORGANIZATION AND YOU KNOW, HAD SOME CONVERSATIONS ABOUT THEIR NEEDS AND HAVE A PROPOSAL TONIGHT THAT'S BEEN BEEN THOUGHT OUT AND DISCUSSED PRETTY HEAVILY BETWEEN STAFF AND MYSELF AND THE ORGANIZATION. AND THIS PARTICULAR PROPOSAL WOULD BE TO ALLOW FOR BACK PORCH THEATER, AS IT READS THERE AS A NONPROFIT COMMUNITY THEATER PROGRAM THAT IS BASED HERE LOCALLY WITH A MAJORITY. I FOUND OUT A LARGE MAJORITY OF MIDLOTHIAN RESIDENTS WITHIN IT TO ALLOW THEM TO UTILIZE THE CONFERENCE CENTER THAT IS CITY OWNED FOR A MORE NOMINAL RATE THAN WHAT THE MARKET STANDARD RATE IS. THE MARKET, THE THE RATE BEING PROPOSED WOULD BE 25% OF THE NORMAL RATE, SO THAT THEY WOULD STILL BE CONTRIBUTING, BUT WOULD BE CONTRIBUTING AT A REDUCED RATE IN ORDER TO MAKE IT MORE FEASIBLE FOR OUR COMMUNITY TO BE ABLE TO UTILIZE THAT PARTICULAR VENUE FOR SOME OF THE LARGER PERFORMANCES. AND WE HAVE THE PRESIDENT OF THE ORGANIZATION HERE TONIGHT. I'LL LET HER INTRODUCE HERSELF IF THERE ARE ANY QUESTIONS FOR THE ORGANIZATION. OKAY. COUNCIL, YOU HAVE A PROPOSAL IN FRONT OF YOU FROM COUNCILMAN MORMAN. MORMON FOR THIS RACE, FOR THIS ONE ORGANIZATION. QUESTIONS OR COMMENTS? ANNA. I KNOW AT ONE POINT WHEN WE WERE DISCUSSING THIS, SO IS THE LANGUAGE ACTUALLY READING BACK PORCH THEATER OR IS IT A COMMUNITY THEATER WITH 51% MIDLOTHIAN? SO ORIGINALLY IT WAS A WE WERE LOOKING AT MAKING IT MORE BROAD, BUT A CONCERN OF STAFF THAT CAME UP THAT KRIS COULD SPEAK TO, PROBABLY MORE SPECIFICALLY, WAS IF THAT VOLUME GREW MORE RAPIDLY THAN MAYBE WHAT WE SAW, IT COULD TAKE UP A LOT MORE DATES, A LOT MORE OF THOSE WEEKENDS REALLY QUICKLY. AND SO MY THOUGHT AND I BELIEVE IS SUPPORTED BY STAFF IS IF WE TAKE IT ON MORE OF A CASE BY CASE BASIS, THEN AS THOSE NEEDS COME UP, WE CAN ASSESS THEM AS A COUNCIL TO SEE IF THAT PARTICULAR PROGRAM HAS A PROVEN HISTORY OF SERVING THE COMMUNITY TO GET A SIMILAR TREATMENT, YOU KNOW, IF WE SEE FIT. OKAY, ROSS. SO DO WE. WHAT ARE WE CURRENTLY CHARGE OTHER NONPROFITS TO UTILIZE THE FACILITY. DEPENDS. IT'S IT DEPENDS ON THE DATE, THE DAY OF THE WEEK. AND SO OBVIOUSLY, IT'S GOING TO BE MORE ON THE WEEKENDS THAN IT IS ON, YOU KNOW, DURING THE WEEK. AND IT ALSO YOU KNOW, IS GOING TO DEPEND ON HOW BIG DO THEY WANT, DO THEY WANT THE WHOLE BALLROOM. DO THEY WANT PART OF THE BALLROOM. ARE THEY RENTING OTHER ROOMS IN THE FACILITY. SO IT'S KIND OF TOUGH. BUT I THINK ALAN AND YOUR IT WAS ABOUT $1,000 A DAY FOR THE, THE SPACE THAT THEY'RE LOOKING FOR, WHICH IS THE BALLROOM SPACE FOR A NONPROFIT. NO, THAT'S THAT'S THE NORMAL RATE FOR WHAT I'M ASKING IS FOR OTHER NONPROFITS WHO UTILIZE THAT FACILITY. DO WE ALSO RUN IT AT 25% OF THE STATE? WE DO NOT. YEAH. FOR A REGULAR FOR PROFIT RENTAL ON BLUEBONNET, ONE AND TWO FOR THE WEEKEND RATE, WHICH IS A SIX HOUR MINIMUM, IT'S $2,544 ON A WEEKDAY RATE. THAT'S A FOUR HOUR MINIMUM ON ONCE AGAIN, BLUEBONNET ONE AND TWO. IT'S $1,272 FOR A FOUR HOUR MINIMUM. AND THAT THAT IS FOR A STANDARD FOR PROFIT ORGANIZATION. BUT THAT WOULD ALSO BE FOR STANDARD NONPROFIT ORGANIZATION AS WELL FOR NOT FOR OTHER NONPROFITS. TO CHRIS'S POINT, WE ARE WE DO DISCOUNT FOR CERTAIN EVENTS. I MEAN, BE IT THE CHAMBER OR THOSE VARIOUS ENTITIES LIKE THAT CHAMBER LUNCH. OKAY. AND, I MEAN, I'M NOT DEFINITELY NOT TRYING TO HAVE A PERRY MASON MOMENT HERE, GUYS. I REALLY JUST WANT TO. I ALWAYS WORRY ABOUT PRECEDENCE. RIGHT? IF WE, YOU KNOW, WE SET THE PRECEDENT THAT WE'RE GOING TO ALLOW A NONPROFIT ENTITY, YOU KNOW, WHO IS BRINGING SOMETHING OF VALUE TO THE COMMUNITY. I FULLY APPRECIATE THAT. BUT YOU CAN MAKE THE SAME, YOU KNOW PRESUMPTION FOR A CHURCH THAT UTILIZES THE FACILITY OR, YOU KNOW, SOME OTHER TYPE OF NONPROFIT THAT IS, YOU KNOW, SERVING THE RESIDENTS OF OUR COMMUNITY, YOU KNOW. NOW, ARE THEY GOING TO COME AND BE LIKE, WAIT A MINUTE. YOU KNOW, WE NEED TO GET THAT SAME NONPROFIT DEAL THAT YOU'RE GIVING TO THE COMMUNITY THEATER. AND HOW DO WE THEN SAY, WELL, NO, YOU DON'T GET IT. BUT YEAH, YOU DO. SO TO THAT POINT, WHAT DOES THE CHURCH PAY THAT USES IT EVERY SUNDAY? [01:45:01] I THINK THEY PAY THE NORMAL RATE. YES, SIR. OKAY. SO TO THAT, I DO UNDERSTAND THAT CONCERN. COUNCILMAN WEAVER, I DID FORGET TO MENTION AN ASPECT TO THIS THAT IT IS VERY LIMITED TO FOUR PERFORMANCES PER YEAR. SO IT IS NOT JUST AN AT WILL UTILIZE. AND IT ALSO DOES NOT INCLUDE ANY. I THINK WHAT WE CALLED IT WAS LIKE PRIORITY PRIVILEGES I THINK IS WHAT'S LABELED THERE. SO THEY CAN'T BUMP, YOU KNOW, SOMEBODY WHO'S ALREADY GOT IT BOOKED. THEY DO HAVE TO WORK WITH THE ORGANIZATION OR WORK WITH THE CONFERENCE CENTER. STILL, BOOK THE DATES IN ADVANCE AND THE APPROPRIATE TIME AND AVAILABLE DATES THAT WE MAY OR MAY NOT BE UTILIZING. SO MY ALTHOUGH I DO UNDERSTAND THE SENTIMENT, I ALSO HAVE A CONCERN IF WE HAVE A TAXPAYER FUNDED FACILITY THAT DURING A PARTICULAR TIME MAY NOT BE BOOKED, AND RATHER THAN GETTING SOMETHING AND PROVIDING COMMUNITY VALUE THROUGH A PROGRAM LIKE THIS, WE ARE STILL GETTING SOME REVENUE. AND SO THAT'S JUST ANOTHER SIDE OF THE COIN I WANTED TO MENTION. DO THEY CHARGE ADMISSION? THEY DO. MIKE. AND THIS IS JUST BEING PROPOSED FOR 2025 OR FROM HERE ON OUT. I THINK FOR HERE ON OUT, I'M LOOKING WE HAD KIND OF DISCUSSED AND I MEAN OBVIOUSLY THE COUNCIL WILL WEIGH ON THIS. WE KIND OF SAID LET'S REASSESS. YOU KNOW GIVE THEM ACTUALLY WHAT WE TALKED ABOUT IS GIVE THEM A COUPLE OF YEARS. I MEAN, BECAUSE THEY'VE GOT TO HAVE ONE TIME TO PLAN IT OUT. SO IT'S PROBABLY GONNA BE TWO YEARS BEFORE THEY GET PROBABLY ALL OF THEIR DATES SET UP AND DONE. BUT WE WERE LOOKING AT TRYING TO REASSESS IT AFTER PROBABLY THAT FIRST TWO YEARS. SO THEY'VE KIND OF WENT THROUGH A CYCLE OF OF THEIR EVENTS. SO YEAH, WE COULD RUN THIS THROUGH 2026 BECAUSE REALISTICALLY, BASED ON THE CONVERSATIONS I'VE HAD WITH THE ORGANIZATION, CONFERENCE CENTER AND CITY STAFF, IT COULD BE AS MUCH AS 5 OR 6 MONTHS BEFORE THEY COULD EVEN GET A SINGLE PERFORMANCE IN THERE. SO TO WHAT CHRIS SAID, WE WANT TO GIVE THEM SOME RUNWAY TO ACTUALLY HAVE SOMETHING TO LOOK BACK ON, AND THEN AT THAT TIME WE CAN REASSESS. OKAY. DO WE DO ANY DISCOUNT? DO WE HAVE AN ISSUE TO WHAT COUNCILMAN WEAVER SAID, WHERE THIS IS A GROWING ASK IN THE COMMUNITY THAT'S UNSUSTAINABLE, OR IS IT A GREAT THING THAT WE DID THAT WE NEED TO CONTINUE DOING? WE CAN MAKE THOSE ASSESSMENTS ONCE WE HAVE A VIABLE SAMPLE SIZE TO BE ABLE TO, TO, TO SEE RESULTS. AND, AND AT SOME POINT I WOULD LIKE IF MISS CROFT WOULD LIKE JUST BRIEFLY TO LET HER SHARE WHAT WHAT THEIR PLAN FOR THE ORGANIZATION ON THE ORGANIZATIONAL SIDE IS JUST BECAUSE I MAY BE BUTCHERING EXACTLY ON THEIR END WHAT THIS LOOKS LIKE FOR THEM. I KNOW ONE ONE THING THAT'S DIFFERENT ABOUT THEM IS THAT THEY'RE THEY'RE GROWING AND AND UP AND COMING, YOU KNOW, LIKE THIS IS HELPING THEM LAUNCH IN THE MIDLOTHIAN COMMUNITY, WHICH I, I APPRECIATE. I THINK OF ORGANIZATIONS LIKE THE CHAMBER, WHICH I THINK THIS WOULD BE A GOOD COMPARISON THERE. WE HAVE A FINANCIAL PARTNERSHIP WITH THE CHAMBER. AND SO AS FAR AS SUPPORTING THEM, AND I WANT US TO CONTINUE TO DO THAT. SO I, I PERSONALLY AM FINE WITH THIS. I DO LIKE HAVING A TIME FRAME ON IT WHERE WE STOP AND REASSESS, AND IT'S NOT JUST FROM HERE ON OUT. SO THAT'S MY TAKE ON IT, BECAUSE IN THIS AREA, SPECIFICALLY AROUND THE ARTS, I FEEL LIKE WE COULD DO A LITTLE BIT MORE TO GET IT GOING IN OUR COMMUNITY. OKAY. WE'VE GOT A LOT OF MICROPHONES ON, SO LET'S QUICK HIT ON MIKE. I JUST WANT TO STRESS THAT I THINK THIS IS A WONDERFUL OPPORTUNITY. I'D BEEN IN CONVERSATION WITH THE MAYOR EVEN RECENTLY ABOUT THE. I WOULD LIKE TO SEE OUR CITY GET MORE BACK IN THE MINDSET AND PROCESS OF. AND I'M NOT SAYING WE DON'T, BUT BUT FOR ME PERSONALLY, I REMEMBER A TIME WHEN WE CHARGED A LOT A LESSER VALUATION ON IMPACT FEES FOR CHURCHES AND OTHER NONPROFITS. I THINK NONPROFITS DO BETTER THAN ANY ONE ENTITY SERVING THE COMMUNITY. IT'S TYPICALLY FROM A ROLE MODEL OF A LOT OF FREE TIME THAT IS GIVEN FREELY AMONG COMMUNITY LEADERS AND OTHER ASSETS OF OUR COMMUNITY. A LOT OF TIMES, BEING INVOLVED IN NONPROFITS, AS I AM WITH MYSELF, WITH CHURCH RELATED THERE ARE FEES, EXCUSE [01:50:01] ME, ADMISSIONS CHARGED AT TIMES. AND THOSE MONIES INTERRELATE RIGHT BACK TO ALREADY A NEGATIVE ROI. SO I'M BIG ON THIS. I THINK WE NEED TO BE MOVING AS IS, AND I WOULD STATE I'M IN AGREEMENT THAT IT'S NONE OF THIS SHOULD BE ON AN UNLIMITED PROCESS. WE SHOULD BE REVIEWING ALL THESE ANNUALLY OR BI ANNUALLY TO SEE WHERE THEY'RE AT IN THE MATRIX OF MEASUREMENT. AND I THINK IT'S A GREAT OPPORTUNITY THAT IT'S KEEPING KIDS AND FAMILIES DOING THINGS THAT ARE PRODUCTIVE FOR THE COMMUNITY, RATHER THAN GETTING INTO THINGS THAT ARE NONPRODUCTIVE. IT TAKES A LOAD OFF OF OUR POLICE DEPARTMENT AND ON AND ON I CAN GO. SO I THINK IT'S A GREAT IDEA. CLARK OBVIOUSLY BEING. OH, I'M SORRY. NO. YOU'RE GOOD. GO SHOOT. WAYNE. YOU. OBVIOUSLY I'VE BEEN, YOU KNOW, IT'S BEEN A LIFETIME IN NONPROFITS, AND I'M VERY, VERY MUCH IN FAVOR OF TRYING TO HELP NONPROFITS HELP BETTER OUR COMMUNITY. HAVING A DAUGHTER THAT'S BEEN IN THEATER AND THE ARTS AND THAT SORT OF THING, I CAN SEE. I CAN SEE SOME CONCERNS WITH REGARDS TO US NOT HAVING A KIND OF A BROAD POLICY OR LOOKING AT THIS IN TERMS OF A BROADER SENSE, BECAUSE IT DOES SAY IT, AS MR. WEAVER SAID, A PRECEDENT SETTING, AND THEN WE'LL START GETTING THE CALLS FROM, I DON'T KNOW HOW MANY. I THINK LAST TIME I COUNTED, THERE WERE ABOUT 103 NONPROFITS JUST RIGHT HERE IN MIDLOTHIAN AND THAT OPERATE OUT OF MIDLOTHIAN. SO THERE COULD BE SOME OF THOSE KINDS OF ASPECTS THAT DO COME UP. I'M IN FAVOR OF, OF MOVING FORWARD. BUT I ALSO BELIEVE THAT YOU KNOW, NOT ONLY ANNUAL OR BIANNUAL KIND OF EVALUATIONS, BUT MAYBE EVEN TAKING A LOOK AT COMING UP WITH SOME KIND OF A PLAN OR, OR A BROADER SENSE OF WHAT FITS INTO THE CATEGORY VERSUS WHAT WOULD BE THE RETAIL, YOU KNOW, THE WHOLESALE VERSUS THE RETAIL AND THOSE THAT MIGHT FIT INTO THOSE KIND OF CATEGORIES IS MY OBSERVATION. OKAY, CLARK. I DON'T NECESSARILY HAVE AN ISSUE, PER SE. I WAS ON COUNCIL BACK WHEN WE USED TO BUDGET MONEY IN THE GENERAL BUDGET TO GIVE TO NONPROFITS, AND THERE WAS A GROUP OF US THAT I BEING ONE OF THEM THAT WANTED TO END THAT AND MOVE IT TO AN APPLICATION PROCESS THROUGH THE BOARD, BECAUSE MY FEAR IS AND IT WAS A FEAR I BROUGHT UP BACK THEN, I'M GOING TO DRAW THE LINE IN THE SAND. TODAY IS IT'S ALL FUN WHEN IT'S A NONPROFIT YOU BELIEVE IN, UNTIL THE ONE THAT YOU DON'T ALIGN YOURSELF WITH COMES ASKING FOR THE MONEY TOO. AND THEN IT'S VERY HARD TO DEFEND WHY ONLY CERTAIN NONPROFITS ARE RECEIVING MONEY. SO TO ME, I WOULD ALMOST I'M FINE WITH THIS, BUT I WOULD ALMOST LIKE, RATHER DO AN OVERHAUL WHERE THERE'S LIKE A GRANT THEY CAN APPLY FOR FOR THE DISCOUNT. THAT HAS SOME TYPE OF APPLICATION AND APPROVAL PROCESS, SO IT DOESN'T LOOK LIKE CERTAIN ONES ARE GETTING HAND-PICKED. SO I DON'T HAVE AN ISSUE WITH DOING SOMETHING WITH NONPROFITS. IT'S THE WAY THAT WE'RE DOING IT, I GUESS, IS THE ISSUE. SO I'M FINE WITH THIS. I JUST THINK IT NEEDS TO WE NEED TO COME UP WITH SOME PLAN LIKE WE DID BACK WITH THE WITH THE NONPROFITS WE USED TO GIVE MONEY TO SPECIFICALLY. BUT THAT'S MY $0.02 ON IT. ROSS. YEAH, I 100% AGREE WITH WHAT COUNCILMAN WICKLIFFE JUST SAID. YOU KNOW, AND THAT WAS GOING TO BE MY RECOMMENDATION IS, YOU KNOW, WE HAVE A GROUP OF TRUSTED BOARD MEMBERS, EXCELLENT STAFF THAT ARE, YOU KNOW, WELL VERSED IN VETTING APPLICATIONS AND DETERMINING WHETHER IT IS A GOOD INVESTMENT OF THE PUBLIC FUNDS. I DON'T THINK THAT WE NEED TO SET THE PRECEDENT OF ARBITRARILY DISCOUNTING CITY SERVICES FOR CERTAIN ORGANIZATIONS. I DON'T THINK THE CRITERIA IS ROBUST ENOUGH HERE FOR US TO NOT HAVE UNINTENDED CONSEQUENCES. FROM THIS, I WOULD I WOULD MUCH RATHER SEE, AS COUNCIL MEMBER WICKLIFFE SAID, YOU KNOW THIS TO BE SOMETHING MORE ALONG THE LINES OF A BOARD GRANT APPLICATION PROCESS THAT OFFSETS THE COST THROUGH THAT GRANT APPLICATION WITH THEIR CRITERIA, THEIR ACKERMAN AND THEIR SKILL INVESTED IN THAT. THAT'S WHY WE'VE APPOINTED THEM RATHER THAN US JUST MAKING IT A DISCOUNT ON THE RATE WE CHARGE. SO CURRENTLY, COUNCILMAN WEAVER, I BELIEVE, AND ANNA CAN PROBABLY CORRECT ME IF I'M WRONG, BUT I BELIEVE IN ORDER TO FUNCTION IN THAT WAY, THEY WOULD HAVE TO APPLY SIX MONTHS IN ADVANCE FOR THAT GRANT. AND THEN ONCE THEY RECEIVED THAT GRANT, THEN THEY WOULD HAVE TO APPLY. THEY WOULD HAVE TO BOOK IT BASED ON THE CONVERSATIONS I HAD 5 TO 6 MONTHS OUT. I THINK THE THE LOGISTICS OF IT WOULD BE CHALLENGING. AND I DO KNOW THAT WITH THE RECENT THE RECENT WHAT WAS THE PLAN? [01:55:07] WHAT IS THE PLAN ON THE STRATEGIC PLAN? THE STRATEGIC PLAN. I KNOW THEY'RE MOVING AWAY FROM THAT PARTICULAR TYPE, OR A LITTLE MORE AWAY FROM THAT PARTICULAR TYPE OF GRANT, I BELIEVE, UNLESS I'M MISTAKEN. SIGNIFICANTLY, THE MAYOR SAID SO WHILE I DO THINK THAT WOULD BE GREAT, I DON'T KNOW THAT IT'S MOVING IN THAT DIRECTION. SO JUST WANTED TO MENTION THAT I DO THINK THAT'S A GOOD POINT BECAUSE THERE'S SOME, YOU KNOW, RULES THAT, YOU KNOW, DON'T NECESSARILY APPLY TO ALL REQUESTS. WE'RE TALKING IF I'M DOING THE MATH RIGHT, WE'RE TALKING A $12,000. BUT IT'S NOT I DON'T I DON'T THINK TO WEAVER OR ME, IT'S ABOUT THE IT'S ABOUT THE MONEY. IT'S THE MECHANISM. IT'S IT'S THE DENIABILITY OF FUTURE. YEAH. THINGS THAT MAY COME THAT DON'T MAYBE ALIGN. ONE THING THAT I'VE BEEN HIT UP A LOT IN MY 6 OR 7 YEARS ON THE COUNCIL HAS BEEN THE NEED FOR PERFORMING ARTS CENTER BEEN HIT UP BY MULTIPLE ORGANIZATIONS, AND I MEAN EVEN THE AMPHITHEATER. CLARK, YOU PROBABLY REMEMBER THE AMPHITHEATER WAS A CONTROVERSIAL THING BACK, AND THAT TURNED OUT TO BE FANTASTIC. OBVIOUSLY THAT WOULD REQUIRE SIGNIFICANT BOND. I SEE THIS AS A STOPGAP A WAY TO FACILITATE SOME OF THE PERFORMING ARTS LOCALLY WITHOUT HAVING TO SPEND $20 MILLION TO ERECT A FACILITY. I UNDERSTAND ALL THE POINTS AT THE TABLE. I ALSO THINK THAT THERE'S IT'S ALMOST A LITTLE BIT SPLITTING HAIRS, BUT THAT'S MY PERSONAL OPINION. MY WHAT IS I HATE TO SAY WE MAKE MONEY, BUT I DON'T KNOW ANOTHER WAY TO WORD THIS. WHAT IS WHAT IS THE COST PER HOUR TO OPERATE THAT FACILITY? AND IS IT IS THE 20% AT LEAST OFFSETTING THE COST OF WHAT IT TAKES TO RUN IT, OR AT LEAST THE CLEANUP FEE. THEY'RE STILL PAYING TO CLEAN IT. THOUSAND PLUS DOLLARS OF PERFORMANCE. WHAT DOES THAT COVER? THE CLEANUP FEE OF THE EVENT? I MEAN, THAT'S ONE EMPLOYEE THERE. I MEAN, I MEAN, IF YOU LOOK AT WHAT THE ASK IS, AND I'M DOING JUST VERY SIMPLE MATH, LOOKING AT JUST WEEKEND DAYS. WE'RE LOOKING AT ROUGHLY 40, $40,700 ANNUALLY. THAT WOULD COST A NORMAL FOR PROFIT ANYBODY AT THE 25%, WE WOULD BE BRINGING IN 10,176. AND THAT'S FOR I'M CALCULATING THAT AS 16 DAYS, ASSUMING IT'S BOOKED EVERY WEEKEND, THAT THEY BOOK IT. IF THEY DON'T BOOK IT, SOMEBODY ELSE IS BOOKING IT. I'M JUST SIMPLY ASKING IF IT COVERS THE JANITOR FEE. THE $10,000 WOULD THE 25% I THINK WOULD COVER THE JANITORS, I THINK FOR A YEAR. YES. YES, SIR. YEAH. ANNUAL I MEAN, YEAH, BUT THE ONE THING THAT I FEEL AS THOUGH WE'RE MISSING, WHICH I WAS MAKING A POINT OF EARLIER IS THERE'S NO WAY TO PUT A TRUE PRICE TAG ON THE IMPACT ON THE COMMUNITY AND THE SALVAGE OF THE COMMUNITY FAMILY AND THE INVOLVEMENT INTO BEING INTO A POSITIVE INFLUENCE VERSUS POTENTIAL NEGATIVE INFLUENCES. I THINK IT'S I THINK WHAT ME AND ROSS ARE SAYING ARE GETTING LOST. THIS MAY BE A LONGER CONVERSATION. I THINK ME AND ROSS AND I DON'T WANT TO SPEAK FOR HIM OR SAYING WE LOVE IT, WE'RE SUPPORTIVE OF IT, WE LIKE IT. BUT AND THIS IS WHY IT'S PROBABLY A LONG CONVERSATION. I HAVE HEARD MULTIPLE MEMBERS OF THE COUNCIL AND MULTIPLE SITUATIONS TALK ABOUT EVEN THE NEWEST COMMUNITY WE HAVE ABOUT DISCOUNTING FOR NON-PROFITS OR CHURCHES. AND I DON'T HAVE A PROBLEM WITH NON-PROFITS OR CHURCHES, BUT WE ARE GOING TO BACK OURSELVES INTO A CORNER. LIKE WHEN WE HAD SOMEBODY COME SPEAK TO US TWO YEARS AGO TO WARN US ABOUT SOME THINGS THAT WERE COMING TO TOWN, AND THEY'RE GOING TO LOOK AT US AND SAY, YOU'RE GIVING THEM A REDUCED RATE TO USE YOUR FACILITIES. WE WANT THE SAME. AND WHEN WE DENY THEM AND WE HAVE TO TELL THEM WHY OR NOT. WHY. THAT IS A PRETENDING LAWSUIT. THAT'S WHY YEARS AGO, WE PUSHED IT TO AN APPLICATION PROCESS TO TRY TO GET AWAY FROM IT. BUT WE'RE NOT GIVING OUT CASH. IN ALL DUE RESPECT, WE DO THAT EVERY DAY OF THE WEEK. WE TELL DEVELOPMENTS THEY CAN'T COME HERE. WE TELL PEOPLE THAT HAVE OTHER ZONING REQUESTS THAT THEY CANNOT DO WHAT THEY WANT TO DO. WE DON'T ALLOW TATTOO PARLORS IN THE MIDDLE OF TOWN. WE DON'T ALLOW ANY MORE PAWNSHOPS. SO I'M RESPECTFULLY ZONING. THAT'S WHAT WE DO USE. ZONING AND USE OF CITY FACILITIES ARE TWO DIFFERENT THINGS. SO I AGREE WITH YOU. BUT WHEN WE HAVE A FACILITY THAT THE TAXPAYERS BUILT AND IT IS INACCESSIBLE TO THE VAST MAJORITY OR ANY PERFORMING ARTS ORGANIZATION IN THE CITY, THERE'S NOT A SINGLE ONE THAT COULD SUSTAIN A $5,000 PLUS FEE. I MEAN, IT WOULD IT WOULD TAKE PROBABLY ALL THE MONEY THEY BRING IN AND ALL THEIR PERFORMANCES TO PAY THAT KIND OF MONEY. SO I LIKE I THINK THERE'S GOT TO BE A BALANCE THERE THAT WE WANT TO UTILIZE IT FOR THE COMMUNITY. [02:00:02] IF THE COMMUNITY BUILT IT, I THINK THE BALANCE WE HAVEN'T BROUGHT UP THE DOLLAR AMOUNT ONCE. WE JUST SAID THERE NEEDS TO BE SOME TYPE OF PROCESS TO VET FUTURE BECAUSE THIS IS I MEAN, LIKE I SAID EARLIER, I'VE HEARD IT BROUGHT UP ON ALL OF OUR FACILITIES. SO THIS SEEMS TO BE A PATH COUNCIL IS HEADED DOWN, WHICH IS GIVING DISCOUNTED RATES TO CERTAIN NONPROFITS OR CHURCHES, WHICH IS FINE. IF THAT'S THE CASE, LET'S SET A ORDINANCE OR A POLICY IN PLACE. SO AT LEAST THEN IF SOMETHING COMES UP, WE HAVE AN ORDINANCE OR POLICY TO REFLECT TO. THAT'S ALL I THINK I'M ASKING FOR. AND I THINK THAT'S ALL THAT ROSS IS ASKING FOR. WE DON'T CARE ABOUT THE 25% PER SE. IT'S JUST THERE HAS TO BE SOME TYPE OF PROCESS FOR OTHERS. SO I WOULD I DON'T HAVE ANY PROBLEM WITH THAT. BUT I WANT TO DO THIS FOR THEM AS A FIRST STEP IN THE PROCESS. I THINK IT'D BE FINE TO TALK ABOUT A PROCESS, BUT I DON'T KNOW. I'M JUST SITTING HERE THINKING ABOUT WHAT THE PROCESS WOULD BE AND HOW IT WOULD BE ANY DIFFERENT THAN ALMOST LIKE WHAT WE'RE GOING THROUGH NOW, EVEN IF THEY FILLED AN APPLICATION OUT. I MEAN, DO YOU SAY. I MEAN, IT JUST I DON'T KNOW IF IT'S AS CLEAR CUT. I MEAN, I LIKE PROCESSES AND PROCEDURES AND I LIKE HAVING THINGS IN PLACE, BUT I DON'T KNOW IF IT WILL ACTUALLY ACCOMPLISH WHAT WE'RE WHAT WE'RE TALKING ABOUT. BUT I DON'T KNOW, WE COULD JUST PUT IT TO A VOTE. SO MY QUESTION IS IN RELATION TO FOR ME, AND I'M PROBABLY THE MOST GUILTY OF THIS IS HOW MUCH HOW MUCH, HOW MANY DOLLARS DOES FORBY HAVE FOR ALL OF THESE ALLOWABLE POTENTIAL APPLICATIONS? I KNOW JUST THE OTHER DAY, I FOUND OUT WHEN WE'RE TALKING TO VINCE, THAT A LOT OF THAT MONEY HAS ALREADY BEEN EATEN UP WHERE I THOUGHT YOU LIKED. WE LIKE. I LIKE TO THINK THIS JUST UNLIMITED. SO IF WE START GOING IN THIS DIRECTION, IS THE MONEY EVEN THERE TO PROVIDE FOR AN ALLOWANCE OF THIS AND HOW MUCH MONEY IS THERE? AND I THINK THAT I ONLY SPEAK FOR MYSELF. I HAVE A VERY BAD HABIT OF SAYING, WELL, FOR BE CAN DO THAT. YEAH. IF I WERE TO ARGUE ANYTHING, I WOULD ARGUE PUTTING A PROCESS IN PLACE FOR OUR HOT TAX, WHICH WE DON'T EVEN HAVE AN APPLICATION FOR AND WE DON'T HAVE A PROCESS FOR. AND I WOULD BRING UP THE IDEA OF SEEING IF THAT WOULD BE A FIT FOR THIS. I LIKE THAT BETTER THAN THE B. YEAH, I WOULD GO WITH THE B, HAS THE B HAS A STRATEGIC PLAN THAT THEY'RE IMPLEMENTING JUST LIKE THE A DOES. AND SO I THINK THAT THIS PROBABLY FALLS OUTSIDE OF IT. MAYOR, IF I CAN, CAN I BRING THIS UP FOR JUST A COUPLE LIKE ABOUT TWO MINUTES OR SO TO LET HER IS IF THERE'S ANYTHING I'M MISSING OR ANYTHING YOU WANT TO SHARE, YOU WANT TO TAKE JUST A COUPLE OF MINUTES BRIEFLY WHILE SHE'S COMING UP. THAT IS ONE THING THAT SHE COULD ANSWER ON. MY QUESTION IS JUST MORE ON THE PRACTICAL SIDE. IF WE IF I, IF I VOTE YES ON THIS, WHAT I HAVE NOT HEARD IS, YOU KNOW, I KNOW HOW PERFORMING ARTS WORK. YOU DON'T JUST SHOW UP AND ALL OF A SUDDEN THE ACTORS GET ON STAGE AND START PERFORMING. WE HAVEN'T EVEN TALKED ABOUT REHEARSAL TIME AND ALL OF THAT. AND I'M ASSUMING THAT WE'RE ONLY TALKING ABOUT PERFORMANCE AT THIS PLACE FOR THIS FEE. NOT ALL THE REHEARSALS THAT GO INTO THAT SEVERAL DAYS OF LEADING UP TO IT, EVEN A MONTH LEADING UP TO ALL THAT. AND SO I JUST WANTED THAT CLARITY JUST TO MAKE SURE WHAT WE'RE TALKING ABOUT. YEAH, SURE. GOOD EVENING. MY NAME IS GENEVIEVE CROFT, AND I AM THE FOUNDER AND PRESIDENT OF BACK PORCH THEATER. WE ARE A NONPROFIT ORGANIZATION THAT IS HOPING TO BRING REGULAR COMMUNITY THEATER TO MIDLOTHIAN, TEXAS TO SUPPORT ALL OF THE FINE ARTS ARTISANS, PERFORMERS, CREW, TECHNICIANS, AND STUDENTS. ADDITIONALLY, IT'S OUR GOAL TO BRING COMMUNITY THEATER TO AUDIENCES AND ALSO PROVIDE A SAFE SPACE FOR FAMILIES TO PARTICIPATE AND HONE THEIR LOVE OF THEATER. CURRENTLY, WE ARE IN OUR SECOND FULL SEASON. WE'VE HAD TWO SUCCESSFUL SUMMER CAMPS AT THE MIDLOTHIAN CIVIC CENTER. THIS LAST SUMMER WE DID THE SOUND OF MUSIC, WHICH WAS VERY POPULAR AT THE MIDLOTHIAN CIVIC CENTER. WE JUST FINISHED A RADIO PLAY AT THE CIVIC CENTER AS WELL, AND WE ARE CURRENTLY ABOUT TO OPEN OUR SECOND CHRISTMAS SHOW, WHICH IS CALLED JUST IN THE NICK OF TIME, WHICH IS A CHRISTMAS MYSTERY WHICH HAS CURRENTLY 3 TO 5 FULL FAMILIES IN OUR PERFORMANCE SPACE. RIGHT NOW WE ARE LOOKING FOR A SPACE TO CALL OUR HOME. WE'VE BEEN VERY FORTUNATE TO BE ABLE TO USE THE OLD LIBRARY AT MIDLOTHIAN HIGH SCHOOL AS OUR REHEARSAL SPACE, BUT WE WERE VERY CONSTRICTED WITH THE LIBRARY HOURS, AND CURRENTLY WE ARE ALSO USING A WAREHOUSE THAT WAS DONATED TO US ON THE COOMBS AIR CONDITIONING PROPERTY AS OUR CURRENT REHEARSAL SPACE, SO WE DO VERY WELL BEING FLEXIBLE, FINDING A PLACE TO REHEARSE, AND A SPACE TO STORE OUR PROPS, COSTUMES AND SCENIC ITEMS. [02:05:02] AND WE ARE ALSO LOOKING FOR A PLACE WHERE WE CAN SHARE OUR PASSION AND LOVE FOR THEATER WITH AUDIENCES OF ALL AGES WHILE BRINGING IT TO THE COMMUNITY OF MIDLOTHIAN, TEXAS. SO, TO ANSWER MR. SHEFFIELD'S QUESTION, WE ALL BE PRACTICING OFF SITE, REHEARSING OFF SITE. SO THIS WOULD JUST TRULY BE A PERFORMING ARTS ONE TIME EVENT DAY OF THE EVENT SORT OF THING. YES, WE HAVE PLANNED INTO OUR SCHEDULE THE WEEK OF THE PERFORMANCES TO DO A LOAD IN RIGHT BEFORE THE PRODUCTION WOULD OPEN, SET LIGHTS AND SOUND AND ESTABLISH OUR PROPS AND SCENIC ITEMS, PERFORM, AND THEN STRIKE THE SPACE AND LEAVING IT AS IT WAS AND GOING BACK TO OUR ORIGINAL PLAN FOR THE LIBRARY OR POTENTIALLY THE WAREHOUSE ON AIR CONDITIONING PROPERTY. AND WHAT DAYS OF THE WEEK ARE YOUR PERFORMANCES? NORMALLY? THURSDAY, FRIDAY AND SATURDAY. OH, OKAY. SO THE FOUR DAY, THE FOURTH DAY OF THE PERFORMANCE, IS THAT ALL THE SET UP? YES. THAT WOULD BE THE LOAD IN FINAL DRESS REHEARSAL. OKAY. SO YOU DON'T GO INTO SUNDAY? NO. OKAY. WE DO NOT. DO YOU CHARGE ADMISSION? WE DO. HOW MUCH FOR MUSICALS? WHICH TAKE QUITE A BIT MORE TO ACCRUE THE ROYALTIES AND THE FUNDING. IT'S $15 A TICKET. AND THEN FOR REGULAR PLAYS, IT'S BETWEEN 8 AND $10, DEPENDING ON THE AGE OF THE AUDIENCE MEMBER. AND THAT JUST GOES BACK TO COVERING THE COST OF THE MATERIAL FOR ALL THE SET. I'M ASSUMING IT DOES. IT'S MOSTLY TO COVER THE PUBLISHER APPROVAL FOR THE SCRIPTS AND FOR THE PER DIEM PERFORMANCE RATE FOR THE PERFORMANCES OF EACH PRODUCTION. OKAY. THESE ARE ALL FAMILY FRIENDLY EVENTS. YES. PUBLIC IS INVITED. YES. OKAY. THANK YOU FOR YOUR COMMENTS. THANK YOU. ALL RIGHT, COUNCIL, WE NEED TO PUSH FORWARD. DO WE HAVE FINAL COMMENTS ON THIS TOPIC? MY FINAL COMMENT REMAINS THE SAME. I THINK THE MECHANISM WITH WHICH WE'RE TRYING TO DO THIS IS INCORRECT. I THINK THE MISSION FOR WHICH WE ARE TRYING TO DO THIS IS ABSOLUTELY CORRECT, AND I'M VERY SUPPORTIVE OF THAT. I REALLY LIKE THE IDEA OF THE HOT TAX. I HADN'T CONSIDERED THAT OPTION. BUT, YOU KNOW, READING THROUGH, YOU KNOW, EXPENDITURES THAT PROMOTE THE ARTS IS A ALLOWABLE EXPENSE UNDER TEXAS TAX CODE FOR THE HOTEL OCCUPANCY TAX. BUT I THINK THAT SOME OTHER FUNDING VEHICLE, WHICH IN A GRANT STYLE BASIS OFFSETS THE COST TO PROMOTE THE ARTS WITHOUT US JUST ARBITRARILY DISCOUNTING FOR ONE USER OUR FACILITY IN A MANNER IN WHICH WE'RE NOT DOING IT FOR OTHER USERS OF A SIMILAR NATURE IS A MUCH BETTER WAY TO GO ABOUT IT. SO IT'S A DEFINED SCOPE. IT'S IN THE LAW. IT GIVES US SOME MUCH MORE ENCAPSULATED SITUATION THERE. SO I THINK THAT'S A MORE ELEGANT SOLUTION FOR THAT. I'M OPPOSED TO THE PRESENTATION TONIGHT BASED ON THE MECHANICS OF HOW WE'RE ACCOMPLISHING IT. I WOULD LOVE TO SEE US FIND A BETTER WAY TO TO FACILITATE THE SAME THING THROUGH A MORE APPROPRIATE VEHICLE. CAN WE AS A POTENTIAL SOLUTION? JOE. AND THIS IS A LEGAL QUESTION, COULD WE GIVE STAFF THE DIRECTION TO FORMULATE A CONTRACT TO OFFSET THE COST THROUGH THE USE OF HOT TAX TONIGHT? WELL, THAT'S THAT'S A LITTLE DIFFERENT THAN WHAT'S ON HERE, BECAUSE YOU'RE LOOKING AT A REDUCED RATE OF 25% OF THE STANDARD RATES. ARE YOU SAYING USE A HOT TAX TO PAY THE REMAINING 75% RIGHT THROUGH A CONTRACT. RIGHT. THE CONTRACT WOULD HAVE TO COME BACK BEFORE YOU? I JUST I WANT TO BE CLEAR ABOUT WHAT WE'RE TALKING ABOUT HERE. WE'RE TALKING ABOUT A CITY OWNED BUILDING, REDUCING THE RATE TO HAVE THEATER PERFORMANCES BY A COMMUNITY THEATER PROGRAM. WE'RE NOT TALKING ABOUT GIVING THEM CASH. WE'RE NOT TALKING ABOUT ANYTHING ELSE OTHER THAN MAKING IT FEASIBLE FOR THEM TO HAVE OUR CITIZENS DO A PERFORMANCE THERE. SO I JUST WANT TO MAKE SURE, LIKE WE'RE ALL ON THE SAME PAGE. NO, I'M WITH ROSS. I'M. I'M GOOD WITH THAT. I DON'T HAVE A PROBLEM IF IF WE WANT TO TALK ABOUT ALL THE BUCKETS, WE'RE TALKING ABOUT A FACILITY THAT LOSES HALF $1 MILLION A YEAR THAT OUR TAXES COVER THE LOSS OF. WE HAVE ANOTHER BUCKET OVER HERE THAT WE CAN BARELY GET MONEY OUT OF BECAUSE IT'S SO LIMITED. AND WHAT WE'RE SAYING IS, INSTEAD OF THE CITIZENS EATING THE $10,000 HIT, WE'RE GOING TO GO TAP THIS BUCKET THAT WE CAN BARELY EVER GET TO TO COVER THE $10,000 ON THE HALF MILLION DOLLAR LOSS WE RUN ON A CONFERENCE CENTER. IT'S THE WAY OF NARROW, DEFINING AND NARROWING DOWN THE REQUIREMENTS ONE WAY, HALF A DOZEN OF THE OTHER. WE'RE BASICALLY DOING THE SHELL GAME. WE'RE SURE WE'RE MOVING BUCKETS. WE'RE MOVING MONEY FROM ONE BUCKET. WE CAN DO THAT ANYWAY. BUT IT DOES ANSWER THE QUESTION OF, WELL, WHY DIDN'T WE DO THIS FOR EVERYONE? HOT TAX IS SPECIFIC. SO THAT IS IT'S PROMOTING THE ARTS. BUT IT ALSO PUTS A MECHANIC IN THE MECHANIC, A MECHANISM I GUESS IS THE BEST WAY TO SAY IT INTO PLACE, WHERE WE'RE THE ONES MAKING THAT DECISION. IT'S BASICALLY THE APPLICATION COMES TO US AND WE'RE THE ONES WHO ARE RESPONSIBLE IN SPENDING THE CITIZENS TAX DOLLARS ANYWAY. [02:10:07] WE'RE DECIDING WHAT THOSE WOULD BE SPENT ON. THIS WOULD BE AN IDEAL PROJECT TO BE ABLE TO DO THAT WITH. I COULD I COULD SEE THAT POSSIBILITY. YEAH. I PERSONALLY FEEL LIKE IT'S A GOOD SOLUTION THAT ACCOMPLISHES WHAT YOU'RE AFTER, BUT AND ACCOMPLISHES OBVIOUSLY BRINGING THAT TO THE COMMUNITY. BUT UNFORTUNATELY WE CAN'T TAKE ACTION ON THAT TONIGHT. WE'D HAVE TO BRING IT BACK AT THE JANUARY MEETING. WHERE AND DO WE EVEN HAVE ENOUGH HOT TAX TO COVER 40 SOMETHING THOUSAND DOLLARS A YEAR? $44,000 A YEAR. 44. I THINK WHAT YOU'RE TALKING ABOUT THE 44,000. I DON'T KNOW IF IT'D BE THAT MUCH. I MEAN, I'D BE ALL ABOUT HOT TAX, BUT, I MEAN, WE GOT 30,000 OUT OF THE HOT TAX BASED ON THE ROUGH MATH. FIVE YEARS EARLIER. OH, OKAY. I THOUGHT HE SAID. YEAH. TALKING ABOUT THE HOT TAX WE'RE GETTING OFF. WE ARE. WELL, AND THAT'S WHAT I WAS JUST GOING WITH THE DIRECT STAFF AS NECESSARY. IT SEEMS LIKE DIRECT STAFF IS NECESSARY. JOE. JOE? YES. I WAS JUST SAYING, THERE IS A DIRECT STAFF IS NECESSARY. IT SOUNDS LIKE THEY MAY BE. I DON'T WANT TO PUT WORDS. IT MAY BE DIRECTING US TO BRING BACK A PROPOSAL WITH THE HOT TAX TO FUND THIS. I'M DEFINITELY NOT VOTING ON ANYTHING, BUT WE WOULD HAVE TO BRING BACK A PROPOSAL THAT WOULD USE THE HOT TAX AND MAKE SURE THAT IT ALL MEETS THE CRITERIA, AND THEN BRING THAT BACK IN JANUARY. AND WE DO NEED TO MAKE SURE IT MEETS THE CRITERIA YES. YEAH, WE DO NEED TO MEET THAT. MAKE SURE WE MEET THAT CRITERIA. SO WHAT'S THE DIFFERENCE IN LOWERING THE RATE FOR THE CHAMBER AND LOWERING THE RATE FOR A COMMUNITY THEATER PROGRAM? WHAT IS THE DIFFERENCE BETWEEN THOSE TWO? I THINK THAT AND I DON'T WANT TO SPEAK FOR CLARK OR ROSS. THEY'VE BEEN THE ONES CARRYING THE WEIGHT OF THIS SIDE OF THE DISCUSSION. BUT I THINK IT ENABLES YOU TO PULL SOME MONEY OUT OF THE HOT TAX AND THEN APPLY IT DIRECTLY TO THE CONFERENCE CENTER. SO OUT OF HOT TAX FUNDS AND THE GENERAL FUNDS, IT'S JUST MOVING BUCKETS OF MONEY AND IT AND IT COVERS YOU ON THE SIDE OF WHY CAN'T WE DO THIS FOR EVERY NONPROFIT. YOU KNOW WHAT I'M SAYING? WHY AREN'T WE DOING THAT FOR THE CHAMBER THEN IF THAT IS THE APPROPRIATE STRATEGY. WHY? BECAUSE THE HOT FUNDS COULD BE USED FOR THE CHAMBER. IT'S VERY LIMITED IN SCOPE. I DON'T BELIEVE A CHAMBER OF COMMERCE WOULD. THEY DO GET HOT FUNDS FOR ADVERTISING. ADVERTISING FOR THEIR FOR THEIR EVENTS WHICH ARE HAVING EVENTS AT THE CONFERENCE. WE ARE GETTING OFF TOPIC BY SPEAKING ABOUT THE HOT TAX BECAUSE OBVIOUSLY IF YOU PUT THE HOT TAX ON THOSE THAT ARE THAT RECEIVE THE HOT TAX OR PAY THE HOT TAX, HAVE A RIGHT TO BE HERE AND ALSO PARTICIPATE IN THIS CONVERSATION. WE NEED TO GET BACK ON THE AGENDA. ALL RIGHT. LET'S MOVE FORWARD. FINAL COMMENTS. ALAN, DO YOU HAVE MORE COMMENTS? NO, I'VE MADE A LOT OF COMMENTS ON IT. OKAY. ENTERTAIN A MOTION ON THIS CASE. I MAKE A MOTION TO DENY. OR WE CAN GIVE DIRECTION OR YOU CAN GIVE DIRECTION. IS THAT YOUR. I HAVE A MOTION TO DENY. OKAY. WE HAVE A MOTION TO DENY. DO WE HAVE A SECOND ON THAT MOTION? HEARING. NO. SECOND. DO WE HAVE A SECOND MOTION? GETS IT OUT ON THE FLOOR TO VOTE. I DON'T KNOW. DOES IT NEED TO BE AN A MOTION TO GIVE STAFF DIRECTION TO BRING THIS BACK? JUST SAY I MOTION TO HAVE STAFF WORK OUT A LOOKING INTO THE HOT TAX AND BRING IT BACK TO COUNCIL ON THE JANUARY MEETING. YOU DON'T WANT ME TO SAY HOT TAX. CAN I SAY NO? YOU CAN, YOU CAN, YOU CAN GIVE. KNOW, YOU JUST SAID YOU CAN GIVE STAFF DIRECTION IF THAT IS THE CONSENSUS OF THIS COUNCIL. IF WE DON'T KNOW THE CONSENSUS OF THE COUNCIL, IS IT GOING TO TAKE A VOTE OR THE VOTE FAILS AND YOU CAN REVISIT IT AND GIVE DIRECTION TO THE COUNCIL? WELL, I'M JUST GIVING DIRECTION. NEED TO BE A MOTION. SPELL IT OUT IN MOTION. OKAY. I MAKE A MOTION FOR STAFF TO WORK WITH A BACK PORCH THEATER, TO WORK USING A FUND TAX TO OFFSET THE REDUCED RATE AT THE CONFERENCE CENTER, AND BRING IT BACK TO THE COUNCIL AT THE JANUARY 1ST JANUARY MEETING. OKAY. I DON'T KNOW THE DATE OF THAT. WE HAVE A MOTION. DO I HAVE A SECOND? I HAVE A MOTION AND A SECOND. MOTION BY THE MAYOR PRO TEM, SECONDED BY COUNCILMAN SHEFFIELD. PLEASE VOTE. THE ITEM PASSES 6 TO 1. SO I'M HOPEFUL WE'LL GET TO HEAR THAT THIS CASE AGAIN IN THE JANUARY MEETING. THANK YOU, ALAN, FOR PRESENTING THAT. OKAY. WE'RE GOING TO GO BACK UP AND HIT ITEM 2024 FOR 68. [Items 2024-467 - 2024-470] CONSIDER AND ACT UPON AN ORDINANCE AMENDING FISCAL YEAR 2425 UTILITY FUND BUDGET APPROPRIATIONS IN THE AMOUNT OF 730,490 FROM THE UTILITY FUND AND RESERVE FUND BALANCE FOR EXPENDITURES. THANK YOU. 68. 67. YEAH. 67. OKAY. SORRY. THERE'S A LOT OF PAGES HERE. 2024 FOR 67. CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE FISCAL YEAR. [02:15:02] 2425 GENERAL FUND APPROPRIATIONS IN THE AMOUNT OF 919,730 FROM GENERAL FUND AND RESERVE FUND BALANCE FOR EXPENDITURES NOT ENCUMBERED OR EXPENDED IN FISCAL YEAR 2324. MAYOR, MAY I MAKE THE MAKE THE PROPOSAL THAT MAYBE ANNE'S PRESENTATION KIND OF GENERALLY COVERS THE NEXT FOUR ITEMS. I MEAN, TAKE SEPARATE VOTES, BUT I THINK SHE COULD EXPLAIN IT. KIND OF THE NEXT FOUR IN SUMMARY. YES. IS THE PRESENTATION MIGHT SPEED IT UP A LITTLE. PLEASE DO. BECAUSE I KNOW HOW YOU ALL LOVE MY FINANCE STUFF. SO FOR 67, FOR 68, FOR 69, DO I NEED TO READ THEM ALL? OKAY. WE'RE GOING TO DO I NEED TO READ THEM ALL. OKAY. WE'RE GOING TO OPEN FOR 67 WHICH HARDY READ FOR 68 FOR 69 AND FOR 70 AN. ALL RIGHT. SO JUST SO EVERYONE WILL UNDERSTAND WE DO HAVE TWO AGENDA ITEMS PERTAINING TO THE GENERAL FUND BUDGET FOR THIS CURRENT YEAR AND THE GENERAL FUND BUDGET FOR THE OR THE UTILITY FUND BUDGET FOR THE NEXT YEAR. AND SO WHAT WE'RE DOING IN FOR 67, THESE ARE ITEMS THAT WERE NOT ENCUMBERED AND THEY WERE NOT EXPENDED IN THE PREVIOUS YEAR. BUT WE'RE ASKING TO MODIFY OUR BUDGET TO INCLUDE THOSE. AND WHEN I SAY NON ENCUMBERED I MEAN WE HAVEN'T IDENTIFIED A VENDOR. WE HAVEN'T PREPARED A PURCHASE ORDER. SO THOSE ITEMS ARE LISTED HERE. THEY DO ON FOR 67 AMOUNT TO $919,730 THAT WE'RE ASKING TO MOVE FORWARD IN THE GENERAL FUND BUDGET. AND FOR 68. IT'S THE SAME THING WITH THE UTILITY FUND. WE HAVE $730,490 THAT WE'RE ASKING TO AMEND THIS CURRENT YEAR BUDGET. FOR ITEMS THAT WERE NOT PURCHASED, THAT WE DIDN'T HAVE A PURCHASE ORDER AND WE DID NOT PURCHASE THE ITEMS IN THE FISCAL YEAR FOR 69 IS A LITTLE BIT DIFFERENT FROM THE PREVIOUS TWO. THIS ONE, WE DO HAVE A VENDOR IDENTIFIED. WE DO HAVE A PURCHASE ORDER THAT'S BEEN ISSUED BY FINANCE. AND BUT FOR VARIOUS REASONS, THE MONIES HAVEN'T BEEN EXPENDED YET. SO WE'RE ASKING TO AGAIN MODIFY THE BUDGET FOR THOSE. AND THEN IN 470, THIS IS THE UTILITY FUND. AND IT IS 869,566 72 THAT WE'RE ASKING TO HAVE BUDGETED INTO THIS CURRENT YEAR BUDGET. BUT I'LL BE GLAD TO ANSWER ANY QUESTIONS ABOUT ANY OF THE SPECIFIC LINE ITEMS OR THE ITEMS IN GENERAL. SO, TAMMY, ANYBODY SIGNED UP TO SPEAK ON ANY OF THESE FOUR? OKAY. ROSS. SO THE THE FIRST 2467 AND FOUR, SIX, EIGHT ARE ITEMS WHICH WE DO NOT HAVE A PO ISSUED OR A VENDOR IDENTIFIED. RIGHT. AND THE SECOND TWO, WE HAVE A PO ISSUE AND PO ISSUED AND A VENDOR IDENTIFIED. YES. SO COMING TO THE SECOND TWO FIRST, YOU KNOW, LET'S WORK BACKWARDS. YOU SAID FOR VARIOUS REASONS CAN YOU GIVE SOME EXAMPLES OF. WELL WE'VE HAD ISSUES WHERE WE'VE IF YOU LOOK ON 469, FOR EXAMPLE THE AMERICAN LEASING, A NATIONAL LEASING EXAMPLE, THAT'S AN SRO VEHICLE. WE HAVEN'T BEEN ABLE TO LEASE THAT ITEM YET. THERE'S RESTROOMS THAT DIDN'T GET PAINTED FOR THE PARKS DEPARTMENT OR FOR THE SPORTS PARK ITSELF. SPECIFICALLY, THOSE ARE THE PATRICK FISHER PAINT RESTROOMS. YOU KNOW, WE HAVE, I THINK, LIKE ONE OF THE BIGGEST ONES, LIKE JONES ROAD YOU'RE TALKING ABOUT. YEAH. A LONG TERM PROJECT THAT'S JUST NOT FINISHED YET. SO WE STARTED. IT'S JUST NOT FINISHED YET. THAT'S WHAT HAPPENS MOST OF THE TIME. AND YOUR LIBRARY ACQUISITIONS ARE THE SAME THING. ALEXIS HAS BEEN WORKING HARD TO GET EVERYTHING, BUT IT HASN'T ALL BEEN ABLE TO BE ORDERED YET, SO. UNDERSTOOD. SO NOW GOING BACK TO THE ONES, THE FIRST TWO THAT WE HAVE NOT ISSUED A PO. WHAT? WHAT'S THE. GIVE ME AN EXAMPLE OF WHAT'S GOING ON THERE. WELL, THAT VERY FIRST LINE IS AN ADMINISTRATION LINE THAT IS GIVEN TO THE CITY MANAGER AS A DISCRETIONARY FUND THAT HE CAN SPEND EACH YEAR FOR SPECIAL PROJECTS. WE DID NOT SPEND ALL OF THAT THIS YEAR. AND SO WE'RE ASKING TO JUST ROLL THAT OVER FOR CONTINGENCY TYPE PURPOSES. DID WE REALLOCATE IN THIS YEAR'S BUDGET A NEW SPECIAL PROJECTS FUND THAT THIS WILL NOW BE ADDED TO? YES. SO HOW MUCH WAS THE SPECIAL PROJECTS FUND THAT WE ALLOCATED IN OUR FISCAL YEAR BUDGET? 85,000 OKAY. SO WE'RE ROLLING. IS THAT SO? IS THAT 241,000 THAT WE'RE LOOKING AT IN SPECIAL PROJECTS. THAT IS CHRIS'S DISCRETIONARY FUND. [02:20:01] YES. THAT'S A FUN WE SHOULD CALL IT THAT. WELL, NOW KEEP IN MIND IT'S CALLED MY DISCRETIONARY FUND. BUT MOST OF THE TIME IT'S SPENT ON ITEMS THAT ARE BROUGHT TO US IN THE MIDDLE OF THE YEAR. ABSOLUTELY. THEY WEREN'T BUDGETED. SO THE 241,000, WAS THAT FULLY ALLOCATED IN THE PRIOR YEAR? DOES THAT INCLUDE SOME ROLLOVER AS WELL FROM PRIOR PERIODS? IT WOULD HAVE ROLLED OVER. THERE WAS SOME ROLLOVER. SO THAT HAS ACCUMULATED POTENTIALLY ACROSS MULTIPLE BUDGET CYCLES. BUT I WILL SAY THERE HAVE BEEN YEARS WHERE WE'VE USED ALL OF IT AND HAD TO COME BACK AND ASK FOR ADDITIONAL. ABSOLUTELY. WHEN SOMETHING COMES UP ON THAT ONE, ESPECIALLY BECAUSE IT DID CATCH MY ATTENTION. I MEAN, HAVE WE SET SOME KIND OF COMMON SENSE THRESHOLD WHERE WE SAY, HEY, ONCE IT ECLIPSES 240, WE JUST UNRESERVED THE FUNDS COMPLETELY AND THROW THEM BACK INTO FUND BALANCE. NO, WE PROBABLY HAVEN'T SET A STANDARD POLICY. OKAY. BECAUSE TO ME, IF WE'VE GOT BECAUSE USUALLY THERE ISN'T THAT MUCH, TO BE HONEST. SO DID WE FULLY DEPLOY. YOU SAID WE ADDED 85,000 LAST YEAR BUT NOW WE'RE ROLLING 241. SO WE'RE REALLY GOING TO HAVE 326,000 IN THERE. AM I DOING MY MATH RIGHT, CHRIS? THAT'S CORRECT. OKAY. YEAH. AND, YOU KNOW, AT ANY POINT, LIKE TONIGHT, IF YOU DON'T WANT THAT TO ROLL OVER, WE JUST GO BACK TO 85. IT'S YOU KNOW WHAT WE'RE FINDING THOUGH, OBVIOUSLY WHAT WE HAVEN'T DONE IS WE HAVEN'T CHANGED THE 85 IN A WHILE. AND SO AT SOME POINT PROBABLY HAVE TO ASSESS WITH THE SIZE OF OUR BUDGET GROWING THE WAY IT IS, IS 85 STILL A REASONABLE NUMBER OR NOT? RIGHT. THAT'S PROBABLY THE MAYBE MAYBE THE MORE OF THE CORE OF THE QUESTION. WELL, AND FOR ME, I THINK SOME OF THE MORE, YOU KNOW, LIKE 150,000 IS, IS MORE APPROPRIATE INSTEAD OF, YOU KNOW, $326,000. NOT THAT I DON'T TRUST YOU WITH THE CITY'S FINANCES. OBVIOUSLY, YOU'VE DONE A STELLAR JOB WITH THAT OVER THE YEARS. BUT AS FAR AS HAVING SOMETHING THAT IS NOT A SPECIFIC PURPOSE ALLOCATION, YOU KNOW, I DON'T THINK WE SHOULD ALLOW IT TO CONTINUE TO JUST GROW AND BALLOON. LIKE YOU SAID, IF THERE IS, WE CAN ALWAYS GET IT BACK OUT OF GENERAL FUND IF THERE'S A SPECIFIC NEED THAT COUNCIL SEES FIT TO DO IT. SO. AND AND THAT'S WHY IT'S NOT GOING TO HURT MY FEELINGS. IF WE NEED TO MOVE ALONG, WE'LL JUST. WE CAN. YOU CAN CUT ALL OF THEM. WELL, I MEAN, I LIKE I SAID, I'M FINE. I MEAN, IT'S IT'S AND I HATE TO SAY IT BECAUSE I HATE THIS EXPRESSION, BUT IT'S JUST THE WAY WE'VE DONE IT FOR A LONG TIME. I WILL SAY IT COULD HAVE BEEN A LOT BIGGER, BUT WE HAVE HAD THINGS THAT HAVE COME ALONG OVER THE YEARS, AND BUT I'M FINE WITH WHATEVER WE DECIDE ON THAT ONE. WE CAN KIND OF GO THROUGH THIS LIST A LITTLE BIT JUST SO YOU GET A FLAVOR. FINANCE THE COMPUTER SOFTWARE AND HARDWARE THAT IS ROLLING OVER FUNDS THAT WERE ALLOTTED FOR A BUDGET, SOFTWARE THAT'S ABOVE AND BEYOND WHAT WE'RE GOING TO DO WITH OUR ENTERPRISE SOFTWARE FOR FINANCE. AND SO THAT ONE, WE HAVE HAD STAFF TURNOVER AGAIN. AND SO WE HAVEN'T BEEN ABLE TO GET THE PROJECT OFF THE ROLL. I'M TRYING TO REMEMBER THE PROFESSIONAL FEES, BUT THAT'S WHAT THESE ARE. IT'S AGAIN, YOU COULD ALSO LOOK AT STREET RESURFACING. REHAB. YEAH. THERE'S PROJECTS THEY DIDN'T GET TO. WE COULD SPEND AN UNLIMITED AMOUNT ON STREET REHAB IN THE CITY LOOKING AT SOME OF THE STREETS. AND SO THAT NUMBER HAS JUST BEEN ROLLED FORWARD. BUT WE DID BUDGET STREET REHAB SO WE COULD LOOK AT EVERY ONE OF THESE LINE ITEMS FROM THAT PERSPECTIVE IF WE CHOOSE NOT TO ROLL THINGS OVER. SO AND I GUESS THAT'S UP TO Y'ALL AS TO HOW YOU WANT TO DO THAT. YOU KNOW, NEW GUY HERE. YOU KNOW, THIS IS MY FIRST TIME DIGGING INTO THIS PROCESS AND I'M LOOKING WE WE SPENT A VERY NOT INSIGNIFICANT AMOUNT OF TIME, YOU KNOW APPROVING, MASSAGING, DEBATING THE CURRENT FISCAL YEAR BUDGET THAT WE HAVE APPROVED. AND SO THIS IS FUNDS THAT WEREN'T DEPLOYED THAT NOW ARE KIND OF BEING ADDED ON TOP OF THOSE LINE ITEMS INTO THE GENERAL FUND BUDGET. YEAH. AND WHAT I, WHAT I WANT TO TRULY UNDERSTAND IS, IS IT BECAUSE WE JUST PHYSICALLY WEREN'T ABLE TO DEPLOY THE FUNDS DUE TO MANPOWER LIMITATIONS, STAFFING LIMITATIONS, THINGS LIKE THAT? LIKE YOU SAID, WITH THE COMPUTER SOFTWARE AND HARDWARE, THAT MAKES ABSOLUTE SENSE. WE STILL NEED TO DEPLOY THAT. IT PROBABLY WASN'T CONTEMPLATED IN THIS YEAR'S BUDGET BECAUSE WE HAD ALREADY PREVIOUSLY BUDGETED IT. AND SO THOSE KIND OF ITEMS ABSOLUTELY MAKE SENSE TO ROLL FORWARD TO ME. BUT IF WE COULDN'T USE ALL THE STREET RESURFACING MONEY WE HAD IN THAT BUDGET CYCLE, WE'VE ALREADY ALLOCATED WHAT WE THINK WE CAN DEPLOY IN THIS CYCLE. YOU KNOW, I GUESS THAT'S WHERE I'M TRYING TO UNDERSTAND, AND I UNDERSTAND THAT. AND I THINK A MAJORITY OF THESE ITEMS, IT IS BECAUSE WE DIDN'T HAVE STAFFING TO SPEND THE MONEY. WE HAD THE PROJECTS IDENTIFIED. AND FOR EXAMPLE, I CAN I CAN SPECIFICALLY TELL YOU ON SOME OF THOSE PUBLIC WORKS ITEMS. [02:25:03] THAT 236,000. WELL, THERE'S 75,600 IDENTIFIED FOR GILCO AND 150,000 IDENTIFIED FOR WALNUT GROVE THAT WE NEED TO ROLL FORWARD. THEN AGAIN, THE 83,000 I GUESS, YEAH, THEY ARE LISTED INDIVIDUALLY. THERE'S 12 CONCRETE PANELS IN FIRST AND FOUR CONCRETE PANELS AND HARVEST HILL FOR 80,000. SO WE DO HAVE ITEMS IDENTIFIED, THE ONE THAT TRULY ISN'T IDENTIFIED SPECIFICALLY AND HAS BEEN USED FOR THOSE THINGS THAT COME UP THAT WE NEED IMMEDIATE FUNDING. IS THE ADMINISTRATION SPECIAL PROJECTS. THAT IS WHAT WE ALWAYS CALL THE CITY MANAGER'S FUND. ABSOLUTELY. AND I YOU KNOW, I'VE MONOPOLIZED TOO MUCH OF THE TIME. SO I'M GOING TO LET ANY OTHER COUNCIL PERSON. BUT YEAH, I DID WANT YOU TO KNOW THERE WAS A LIST THAT'S BEHIND THIS THAT YOU HAVE ISSUES WITH. THAT I BELIEVE THAT IS CORRECT. GIVE ME ONE SECOND, MR. MAYOR. 469 WAS THE ONE THAT WAS THE ADMINISTRATIVE. 467 NO. THAT'S FOUR. IT'S 467. IT'S THE FIRST LINE IN. 467. OKAY. COUNCIL, ANY OTHER COMMENTS ON THESE? WE'RE GOING TO TAKE MOTIONS ON THEM INDIVIDUALLY. ROSS, IF YOU HAVE A RECOMMENDATION ON 67 GIVEN THE DISCUSSION, THEN I'LL MAKE A MOTION TO APPROVE THE ITEM AS PRESENTED WITH THE AMENDMENT TO REDUCE THE ROLL FORWARD OF ACCOUNT 105611955 TO AN AMOUNT THAT YIELDS 150,000 TOTAL IN THAT BUDGETARY ITEM. OKAY, SO TO BE. OH. I'M SORRY. YEAH. GO AHEAD. SO TO BE CLEAR, THE THE OVER THE 150,000 MARK WOULD JUST GO INTO UNRESERVED FUND BALANCE. SO I MEAN THIS IS PROBABLY A PHILOSOPHICAL QUESTION, BUT TO THAT, WOULD YOU NOT JUST SAY, HEY, ACTUALLY ALL OF THIS NEEDS TO JUST GO TO UNRESERVED AND THEY NEED TO REAPPLY FOR THESE FUNDS? NO, I MEAN, MY MOTION WAS PREDICATED ON THE FACT THAT I'M FINE WITH HAVING A DISCRETIONARY FUND UP TO 150,000. THAT'S FINE. JUST MAKE SURE I UNDERSTOOD THE MOTION. DO WE HAVE A SECOND? A MOTION FROM COUNCILMAN WEAVER. SECONDED FROM COUNCILMAN SHEFFIELD ON 467. PLEASE VOTE. ITEM PASSES 7 TO 0. ON ITEM 468. ARE THERE ANY QUESTIONS OR COMMENTS? HEARING NONE. I'LL ENTERTAIN A MOTION ON THAT ONE. SECOND. MOTION TO APPROVE BY COUNCILWOMAN HAMMONDS AS PRESENTED SECONDED BY THE MAYOR PRO TEM. PLEASE VOTE. ITEM PASSES 7 TO 0. ON ITEM 469. ARE THERE ANY QUESTIONS OR COMMENTS? HEARING NONE. I'LL ENTERTAIN A MOTION. SECOND. MOTION TO APPROVE BY COUNCILWOMAN HAMMOND. SECONDED BY MAYOR PRO TEM WICKLIFFE. PLEASE VOTE. WE'RE REALLY TESTING TAMMY OVER THERE TONIGHT. ITEM PASSES 7 TO 0. AND FINALLY ON 470. ANY QUESTIONS OR COMMENTS? HEARING NONE. I'LL ENTERTAIN A MOTION. SECOND MOTION TO APPROVE BY COUNCILWOMAN HAMMOND, SECONDED BY THE MAYOR PRO TEM. PLEASE VOTE. ALL RIGHT. DID YOU GET THAT FINAL VOTE? BECAUSE I READ 67 ON THAT ONE. OKAY. AND WAS IT 7 TO 0? OKAY. THANK YOU. ITEM PASSES SEVEN ZERO. OPENING ITEM 2024 471. [2024-471] CONSIDER AND ACT UPON AN INVOICE FROM SARDIS. LONE ELM WATER SUPPLY CORPORATION FOR ENGINEERING DESIGN RELATED TO SERVICES ASSOCIATED WITH THE RELOCATION OF THEIR EXISTING WATER LINE ALONG MOCKINGBIRD LANE IN THE AMOUNT OF $106,369.34. MADAM MAYOR COUNCIL. GOOD EVENING. I'M HERE ON BEHALF OF MIKE ADAMS THIS EVENING. I HOPE I CAN PRESENT THIS CLEAR ENOUGH. AND I'LL KIND OF READ OFF WHAT HE WROTE DOWN ON THE ACTUAL PACKET ITSELF. AND BACK IN MAY OF 2001, SPECIAL BOND ELECTION, CITY RESIDENTS APPROVED A PROPOSITION D, WHICH ON VARIOUS STREET AND ROADWAY IMPROVEMENTS. ONE OF THOSE WAS THE THE THE MOCKINGBIRD LANE FOR MIDLOTHIAN PARKWAY TO NORTH WALNUT GROVE. WE THEY APPROVED AN AGREEMENT WITH PROFESSIONAL SERVICES WITH KIMLEY-HORN AND AND PART OF THIS WHAT WE'RE ASKING FOR TONIGHT IS THE COST DESIGN RELATED SERVICES ASSOCIATED WITH [02:30:07] THAT, RELOCATING SERVICES, WATER LINES WITHIN THIS PROJECT. YOU KNOW, WE DID COORDINATE WITH THE KIMLEY-HORN AND CHILDRESS ENGINEERS. THE TWO ENGINEERS HAVE BEEN WORKING TOGETHER TO PROVIDE THIS DESIGN. ACTUALLY, THIS INVOICE COVERS THAT PORTION WITH CHILDRESS AND THIS THIS COOPERATIVE EFFORT THAT WE'VE BEEN HAVING WITH SARDIS AND ELM HAS BEEN A BASED ON MIKE'S AND EVERYONE ELSE'S INVOLVEMENT. IT'S BEEN A VERY SUCCESSFUL. BUT TONIGHT'S JUST A BASICALLY A AN ESTIMATE ON THE BOND PROJECT AND FUNDING OF A 624,000 WAS INCLUDED IN RELOCATION OF SARDIS EXISTING WATER LINES. THEREFORE, FUNDING IS AVAILABLE TO COVER THIS COST WITHIN THE ROADWAY PROJECT ITSELF. OKAY. THANK YOU. ADAM. ANYBODY SIGNED UP TO SPEAK? COUNCIL. QUESTIONS OF ADAM OR STAFF? HEARING NONE. I'LL ENTERTAIN A MOTION. MOVE TO APPROVE AS PRESENTED. MOTION TO APPROVE AS PRESENTED BY THE MAYOR PRO TEM, SECONDED BY COUNCILWOMAN HAMMONDS. THAT WAS A GOOD CATCH, CLARK. PLEASE VOTE. ITEM PASSES 7 TO 0. THANK YOU. OUR ATTORNEY JUST ALMOST SPILLED HIS CUP OF COFFEE ON OUR BRAND NEW. DON'T LET ME DRINK THE WHOLE THING. THANKS, ADAM. THANK YOU. ADAM. OPENING ITEM 2024 472. [2024-472] CONSIDER AND ACT UPON A PRICE QUOTE FROM THE FILM TECH CORPORATION, A DUPONT WATER SOLUTIONS COMPANY, FOR SUPPLYING REPLACEMENT MEMBRANE MODULES FOR THE AUGER WATER TREATMENT PLANT IN THE AMOUNT OF 960, PLUS CONTINGENCY IN THE AMOUNT OF 15,000, FOR A TOTAL AMOUNT OF 504,960. AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT FOR THE SERVICES. HOW ARE YOU? I'M GOOD. MAYOR. COUNCIL. WE ARE HERE TO CONSIDER REPLACEMENT OF THREE OF OUR ORIGINAL MEMBRANES. THE MODULES WITHIN IT ARE DEGRADING FROM TIME AND SOME OTHER MECHANICAL ISSUES, AND WE WE NEED TO REPLACE THEM. SO IT WOULD BE BEST IF I JUST OPEN UP IF THERE'S ANY QUESTIONS. SURE. TAMMY. ANYBODY SIGNED UP TO SPEAK? OKAY. COUNCIL. DO YOU HAVE QUESTIONS? ROSS. THANK YOU. SIR. I WAS READING THROUGH THE SUMMARY AND THE DOCUMENTS. SO WHAT WAS THE OF THE ONES THAT WERE REPLACING? WHAT WAS THE INSTALL DATE OF THOSE? NOT THE EXACT DATE, BUT I HAD THAT ON THE OTHER SHEET, BUT IT'S LIKE 20 EARLY 2022 2021, I BELIEVE ON THESE THREE RACKS. OKAY. I THINK RACK THREE WAS 2022 BECAUSE IT DOES SAY THE TYPICAL SERVICE LIFE IS GENERALLY 3 TO 7 YEARS. SO WE PUT SOME IN 2022. WE'RE NOW TWO YEARS DOWN THE ROAD AND WE'RE HAVING TO REPLACE THEM. AND I WAS I WAS JUST CURIOUS AS SOMEBODY WHO DOESN'T UNDERSTAND HOW MOST OF THAT WORKS WHY ARE WE NOT EXPERIENCING THE STANDARD SERVICE LIFE ON THOSE MEMBRANES? WELL, IN THIS PARTICULAR CASE, WE HAD A FAULT ON ONE OF OUR REGULATORS THAT WITH ALL THE INTEGRATORS THAT WE'VE HAD COME IN AND OUR MACHINE, THEY THEY THEY I DON'T KNOW IF THEY TOOK THE ALARM OUT OR WHAT, BUT WE NEVER DID KNOW THAT IT WAS PRESSURIZING THEM. SO IT IT AFFECTED IT WHEN WE DID OUR AIR HOLE TEST OR OUR AUDITS. AND SO IT, IT BROKE SEVERAL MODULES IN THERE. AND ACTUALLY THE ONLY REASON WE FOUND IT IS BECAUSE WE HAPPEN TO BE IN THERE WHEN IT HAPPENED. SO THAT'S THE REASON NOW. WATER QUALITY CAN HAVE A LOT TO DO WITH IT. WE HAD A LOT OF IRON AND MANGANESE, WHICH ALSO WILL CAUSE THIS ISSUE THAT, YOU KNOW, WE DON'T EVEN KNOW ABOUT UNTIL IT GETS TO THE PLANT. SO THAT'S PART OF IT. NOW, HOPEFULLY WITH THESE NEW STYLE MODULES THAT WE WILL BE PUTTING IN THAT WE WILL GET. WE'RE HOPING SIX YEARS OUT OF THEM FROM HERE ON OUT. SO THAT WAS MY FOLLOW UP QUESTION. HAVE WE CORRECTED THE CONDITIONS THAT ALLOWED THESE DEGRADE MORE QUICKLY THAN ANTICIPATED? YES. THANK YOU. WAS THIS BUDGETED? WAS THIS BUDGETED OR. NO, IT WAS NOT. OKAY. OTHER COMMENTS OR QUESTIONS? NO. I'LL ENTERTAIN A MOTION. MOVE TO APPROVE. AS PRESENTED. SECOND. MOTION TO APPROVE BY MAYOR PRO TEM WICKLIFF. SECONDED BY COUNCILMAN WEAVER. TO APPROVE. PLEASE VOTE. ITEM PASSES 7 TO 0. THANK YOU. SIR. OPENING ITEM 2024 473. [2024-473] CONSIDER AND ACT UPON AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF VENICE, ITALY, MIDLOTHIAN, PALMER, VENUS, AND WAXAHACHIE. AVALON WATER AND SEWER SERVICE CORPORATION, WATER SUPPLY CORPORATION OF EAST GARRETT. NASH FOREST AND RICE, SARDIS, LONE ELM AND SOUTH ELLIS COUNTY, A SPECIAL UTILITY. DISTRICTS OF BUENA VISTA, BETHEL MOUNTAIN PEAK, AND ROCKET. [02:35:03] TERRA REGIONAL WATER DISTRICT AND THE TRINITY RIVER AUTHORITY OF TEXAS, AND THE PREPARATION OF FEASIBILITY STUDY RELATED TO THE SUPPLY OF TREATED WATER IN DALLAS COUNTY IN THE AMOUNT OF 25,000. THANK YOU CLYDE. NOW THIS IS BASICALLY WE'VE TALKED ABOUT THIS. IS THAT ENTERING INTO A A STUDY FEASIBILITY STUDY WITH THE TRINITY RIVER AUTHORITY ABOUT DETERMINING THE PROJECT CONCEPT, NEEDS AND BENEFITS OF BUILDING A NEW FACILITY. AND THIS WOULD BE A NEW WHOLESALE REGIONAL WATER TREATMENT PLANT. I BELIEVE THE COST THAT WE'RE ALLOCATING IS ABOUT $25,000. THAT IS A PROPORTIONAL COST FOR US. AND THIS IS JUST A FEASIBILITY STUDY. WE'RE NOT COMMITTING TO ANYTHING BEYOND THE STUDY. SO WITH ALL THE DIFFERENT PROVIDERS THAT THAT YOU MENTIONED IN HERE, MAYOR, THERE'S A TREMENDOUS DEMAND FOR WHOLESALE WATER IN THE THE SOUTHERN METROPLEX, SPECIFICALLY ELLIS COUNTY, AND OF COURSE, JOHNSON COUNTY ON, ON OUR WEST. AND THEN YOU SEE, IT GOES ALL THE WAY TO ENNIS AND THEY'VE NEEDED WATER PRETTY BAD LATELY. SO BUT THEY WOULD JUST BE PARTICIPATING IN THIS STUDY TO DETERMINE THE BEST LOCATION, THE BEST PROVIDER, THE BEST OPTIONS FOR ALL THESE DIFFERENT FACILITIES OR ALL THESE DIFFERENT PROVIDERS FOR A REGIONAL WHOLESALE WATER FACILITY. OKAY, TAMMY, ANYBODY SIGNED UP TO SPEAK? OKAY. COUNCIL QUESTIONS OF CLYDE. I'LL ENTERTAIN A MOTION. I'D JUST LIKE TO SAY I HAVE A MOTION WAITING. WELL, YOU WERE TOO SLOW BECAUSE COUNCILMAN SHEFFIELD BROUGHT THE MOTION TO YOU. SECOND HIS MOTION. OH, MR. SHEFFIELD HAS ALREADY BEAT ME TO THAT. HE'S QUICK ON THE DRAW. I WILL SECOND MR. SHEFFIELD'S MOTION. ALL RIGHT. MOTION TO APPROVE. SECOND BY MR. SHEFFIELD. SECONDED BY MR. ROGERS. PLEASE VOTE. AND IT PASSES 6 TO 1. OKAY. OPENING ITEM 2024 474. [2024-474] CONSIDER AND ACT UPON AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITIES OF MIDLOTHIAN, ALVARADO AND GRANDVIEW, TARRANT REGIONAL WATER DISTRICT AND THE TRINITY RIVER AUTHORITY OF TEXAS FOR BRIDGE CREEK REGIONAL WASTEWATER SYSTEM STUDY AND AUTHORIZE THE CITY MANAGER TO EXECUTE. THANK YOU. MAYOR. COUNCIL, THIS IS AN ITEM THAT WE'VE DISCUSSED BEFORE. THIS IS JUST DOING A REGIONAL STUDY FOR THE ABILITY TO PROVIDE SANITARY SEWER FOR ALL THE FACILITIES THAT WE TALKED ABOUT. ALVARADO, MIDLOTHIAN, GRANDVIEW TRW AND THE TRA FOR CHAMBERS CREEK REGIONAL WASTEWATER SYSTEM STUDY. AND OF COURSE, THAT CHAMBERS CREEK GOES DOWN TO RICHLAND CHAMBERS. LAKE, WHERE WE GET OUR WATER FROM OUR PORTION OF THIS WOULD BE $25,000. ONCE AGAIN, THIS IS JUST A STUDY. IT DOES NOT COMMIT US TO ANYTHING. AND PRIOR TO ANY ACTION, THE COST IN THIS WAS ASSOCIATED TO ACCOUNT 105 6172 39. IT WOULD TRULY BE THE THE SPECIAL UTILITY PROJECTS 205 638 926 IS WHERE THIS MONEY WOULD BE COMING FROM. SO WITH THAT, I'LL ANSWER ANY QUESTIONS. TAMMY. ANYBODY SIGNED UP TO SPEAK? OKAY. COUNCIL QUESTIONS ON THIS CASE. I MAKE A MOTION. WE'LL TAKE A MOTION FOR MISTER ROGERS. MAKE A MOTION THAT WE APPROVE AS PRESENTED. MOTION TO APPROVE BY COUNCILMAN ROGERS, SECONDED BY COUNCILMAN SHEFFIELD. PLEASE VOTE. ITEM PASSES 6 TO 1. THANK YOU. OPENING ITEM 2024 475. [2024-475] CONSIDER AND DISCUSS A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF GRAND PRAIRIE TO ADJUST BOTH CORPORATE BOUNDARIES ALONG KIMBALL ROAD, AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO SAID AGREEMENT. CLYDE. YES. THANK YOU. MAYOR. COUNCIL. WE HAVE BEEN DISCUSSING WITH LAKE SONG. WHY CAN'T I MOVE THIS? WE HAVE BEEN HAVING DISCUSSIONS WITH GRAND PRAIRIE AND LAKE SONG DEVELOPMENT WITH THE HUFFINES GROUP LATELY. THEY HAVE APPROACHED US BOTH GRAND PRAIRIE AND THE HUFFINES GROUP ABOUT SWAPPING SOME LAND THERE. OUR BOUNDARY. IF YOU SEE THIS MAP. WHAT WE WOULD BE GIVING UP IS THE WHAT'S IN GREEN, AND THEN WE WOULD BE GETTING WHAT'S IN RED. IF YOU SEE THE PROPOSED LAKE SONG BOULEVARD ALONG THERE, THAT ORIGINATES DOWN WHERE YOU SEE THE 5.1 ACRES OF THE SOUTHEAST OR THE SOUTHWEST OF THIS MAP THAT ORIGINATES WHERE THE CURRENT KIMBALL ROAD IS JUST, OF COURSE, NEXT TO PADERA LAKE. THAT STARTS THERE. BUT AS YOU SEE, THE NEW LAKESIDE BOULEVARD DIVERTS FROM THAT POINT OF DEMARCATION PRETTY QUICKLY. AND BOTH WE'VE WE'VE HAD DISCUSSIONS WITH GRAND PRAIRIE. IT WOULD BE MUCH EASIER FOR THE DEVELOPMENT TO TAKE PLACE WHEN THE ROAD IS WHOLLY WITHIN, IN ONE ENTITY. IF WE DON'T SWAP THIS LAKE SONG WOULD HAVE TO BE DO PLATTING THROUGH US. [02:40:04] WE WOULD HAVE A PORTION OF LAKE SONG BOULEVARD HERE. THEY WOULD HAVE A PORTION OF LAKE SONG BOULEVARD THERE. SO THIS PUTS THE ENTIRE LAKE SONG BOULEVARD THAT IS ON THIS MAP ONLY WITHIN THE CITY OF GRAND PRAIRIE, SO IT WOULD AID IN DEVELOPMENT FOR BOTH, I THINK BOTH ENTITIES AS WELL AS LAKE SONG. SO WITH THAT, I'LL ANSWER ANY QUESTIONS. ANYBODY SIGNED UP TO SPEAK ON THIS. SO OBVIOUSLY THEY WOULD BE RESPONSIBLE FOR ALL THE ROAD MAINTENANCE THEN? YES, SIR. THAT'S ON THEIR SITE? YES. I'LL ENTERTAIN A MOTION. MOTION? MOTION TO APPROVE. DO WE HAVE A SECOND? I WILL SECOND. MOTION TO APPROVE BY COUNCILMAN ROGERS. SECONDED BY MYSELF. PLEASE VOTE. ITEM PASSES 6 TO 1. THANK YOU. THANK YOU. CLYDE. OPENING ITEM 2024 467. [2024-476] CONSIDER AND ACT UPON A FIVE YEAR AGREEMENT TO PURCHASE AND INSTALL AN INTERVIEW ROOM. CAMERAS IN THE NEW MIDLOTHIAN PUBLIC SAFETY AND COURTS FACILITY, WITH INITIAL HARDWARE AND INSTALLATION COSTS COVERED IN THE FIRST ANNUAL PAYMENT NOT TO EXCEED $170,854.02. AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENTS. COMMANDER. HARPER COUNCILMAN. THERE YOU GO. OKAY SO THE REQUEST BEFORE YOU IS OUR TRANSITION INTO THE NEW FACILITY. THIS IS THE VIDEO SYSTEM THAT WILL BE INSTALLED IN ALL TEN INTERVIEW SUITES. AND SO THIS THIS AGREEMENT ALLOWS THE BULK OF THE PURCHASE TO BE MADE USING THE BOND FUNDS TO GET THE EQUIPMENT INSTALLED. AND THEN THERE'S AN ONGOING COMMITMENT FOR 28, ROUGHLY $28,800 FOR ONGOING LICENSING AND SOFTWARE COSTS THAT WOULD CONTINUE FOR FIVE YEARS AND LIKELY BEYOND THAT IF WE CONTINUE OUR AGREEMENT WITH AXON. BUT THIS BRINGS ALL INTERVIEW RECORDINGS AND DIGITAL EVIDENCE THAT WE HAVE INTO OUR CURRENT PROVIDER WITH AXON. SO IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER. THANK YOU. COMMANDER TIM, ANYBODY SIGNED UP TO SPEAK? OKAY. COUNCIL QUESTIONS OF COMMANDER HARP. INTERVIEW SUITES. SOUNDS VERY FANCY. ROOMS. INTERVIEW ROOMS? YEAH. MAKE IT MAKE IT LESS INTIMIDATING, I GUESS. I WON'T VISIT. I'LL GIVE YOU A TOUR. YEAH. ALL RIGHT. ENTERTAIN A MOTION ON THIS CASE. MOTION TO APPROVE BY COUNCILWOMAN HAMMOND. SECONDED BY MAYOR PRO TEM WICKLIFFE. PLEASE VOTE. THANKS, ADAM. ITEM PASSES 7 TO 0. [2024-477] OKAY, COUNCIL, OUR FINAL REGULAR AGENDA ITEM TONIGHT IS NUMBER 2024 477. CONSIDER AND ACT UPON NOMINATIONS FOR APPOINTMENT REAPPOINTMENTS TO THE JOINT AIRPORT BOARD, MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION. PARK BOARD. MIDLOTHIAN ECONOMIC DEVELOPMENT. MIDLOTHIAN DEVELOPMENT AUTHORITY, PLANNING AND ZONING COMMISSION. ZONING. BOARD OF ADJUSTMENTS AND UTILITY ADVISORY BOARD. COUNCIL. WE. IT'S THE END OF THE YEAR. WE HAVE SEVERAL MEMBERS OF OUR VARIOUS BOARDS THAT NEED REAPPOINTMENTS AND HAVE EXPRESSED INTEREST IN BEING REAPPOINTED. YOU HAVE A LIST IN FRONT OF YOU, BUT I'M GOING TO GO AHEAD AND READ THEM SO THAT IT'S IN THE RECORD. WE'RE LOOKING FOR REAPPOINTMENTS FOR MIDLOTHIAN ECONOMIC DEVELOPMENT BOARD, AND AARON COX, JIM NORRIS, PHIL WEAVER AND THE MIDLOTHIAN COMMUNITY DEVELOPMENT BOARD AT SCOTT SILVERI. CASEY CHESHIRE JONATHAN KILLIAN ON MIDLOTHIAN DEVELOPMENT AUTHORITY. IT'S AN HONZA GLADE SMITH. THE PARK BOARD, IT'S PAT FARRELL, LISA TAYLOR COOK, JEFF NEWMAN. UTILITY ADVISORY BOARD IS BOBBIE WORLEY, ROBERTA SLAYTON. AIRPORT BOARD IS MORGAN WHITEHEAD. ZBA IS SANDRA CARR, EDMUNDO RODRIGUEZ, GREG SCOTT, P AND Z COMMISSION IS LEE SKINNER, DAN ALTMAN, RON BLAND. IN ADDITION TO THOSE NAMES THAT WERE DISCUSSING ABOUT REAPPOINTMENT, THE BOARD NOMINATION COMMITTEE RECOMMENDS REAPPOINTMENT OF ALL THOSE PEOPLE, IN ADDITION TO THE APPOINTMENT OF TWO NEW BOARD MEMBERS TO FILL SOME VACATED SEATS ON THE PARKS BOARD. THE RECOMMENDATION IS JAMES HENSLEY AND ON THE MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION BOARD, IT WOULD BE JIMMY MCCLURE. SO THOSE ARE THE NAMES THAT THE NOMINATION COMMITTEE. JUST AS A REMINDER, THE NOMINATION COMMITTEE RUNS THROUGH THE END OF THE YEAR. IT'S MYSELF. MAYOR PRO TEM WICKLIFFE AND COUNCILWOMAN HAMMONDS, STARTING JANUARY 1ST, IT WILL CYCLE OVER TO BE MYSELF, COUNCILMAN ROGERS, COUNCILMAN MOORMAN. AND SO THIS WILL LIKELY BE HOPEFULLY BE THE LAST RECOMMENDATION WE HAVE FOR YOU FOR THIS ITERATION OF THE NOMINATION COMMITTEE. SO THOSE ARE THE NAMES WE'RE PUTTING FORWARD. IF THERE'S ANY QUESTIONS OR COMMENTS OR DISCUSSION, WE CAN TAKE THESE ALL IN ONE MOTION. UNLESS SOMEONE HAS AN ISSUE WITH A PARTICULAR NAME, WE CAN PULL THAT NAME AND THEN TAKE A TAKE A MOTION ON THAT ONE SEPARATELY. [02:45:06] SO ANY DISCUSSION? HEARING NONE I'LL TAKE A MOTION A MOTION TO APPROVE. A MOTION TO APPROVE BY COUNCILMAN WEAVER, SECONDED BY. WAS THAT MR. ROGERS? COUNCILMAN ROGERS, PLEASE VOTE. YES. ITEM PASSES 7 TO 0. [EXECUTIVE SESSION ] OKAY, COUNCIL, WE HAVE TWO EXECUTIVE ITEMS. TONIGHT, THE CITY COUNCIL WILL CONVENE INTO EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SECTIONS OF THE TEXAS GOVERNMENT CODE. EXECUTIVE SESSION ITEMS ARE DISCUSSED IN CLOSED SESSION, BUT ANY AND ALL ACTION IS TAKEN IN REGULAR OPEN SESSION. TONIGHT WE ARE DOING NUMBER TWO. SECTION 551.072 REAL ESTATE DELIBERATION REGARDING REAL PROPERTY TO DELIBERATE TO PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY LOCATED WITHIN THE CITY LIMITS OF MIDLOTHIAN, TEXAS AND ALSO SECTION 551.071. LEGAL CONSULTATION WITH ATTORNEY REGARDING CAUSE NUMBER 115931 WALTER DARRAH VERSUS THE CITY OF MIDLOTHIAN, PURSUANT TO THE ATTORNEYS ETHICAL DUTY TO ADVISE THE CITY REGARDING SUCH MATTERS. AT 846, WE ARE IN EXECUTIVE SESSION. THAT'S THE POWER. ALL RIGHT. WELCOME BACK. IT IS 936. THE COUNCIL IS BACK FROM EXECUTIVE SESSION. THERE IS ACTION TO BE TAKEN ON BOTH ITEMS. THE FIRST ONE IS SECTION 551 .072 REAL ESTATE DELIBERATION REGARDING REAL PROPERTY TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY LOCATED WITHIN THE CITY LIMITS. COUNCILMAN MORMAN HAS A MOTION TO MAKE. YES, I MOVE THAT THE CITY MANAGER BE AUTHORIZED TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH JOHN AND JAMIE DAVIS TO PURCHASE A 0.089 ACRE TRACT OF LAND FOR A PERMANENT DRAINAGE EASEMENT LOCATED WITHIN THE JOHN H. JONES SURVEY ABSTRACT NUMBER 586, ALSO LOCATED WITHIN LOT ONE, BLOCK TWO. SWEETWATER CREEK ESTATES, PHASE ONE. CITY OF MIDLOTHIAN. ELLIS COUNTY, TEXAS. IN CONSIDERATION OF A PURCHASE PRICE OF $11,400 IN ASSOCIATION WITH CONSTRUCTION OF THE MCALPIN ROAD ROADWAY PROJECT, PLUS PAYMENT OF ALL RELATED CLOSING COSTS, THE CITY MANAGER IS FURTHER AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY SUCH ADDITIONAL CLOSING DOCUMENTS AS MAY BE REQUIRED BY SUCH AGREEMENT, AND THE TITLE COMPANY AS NECESSARY TO CLOSE THIS TRANSACTION. SECOND, WE HAVE A MOTION TO APPROVE, AND SECOND, A MOTION TO APPROVE BY COUNCILMAN MORMAN, SECONDED BY COUNCILMAN WEAVER. PLEASE VOTE. ITEM PASSES 6 TO 0. OKAY. THANK YOU. WE ALSO HAVE ACTION TONIGHT ON SECTION 551.071 LEGAL CONSULTATION WITH THE ATTORNEY REGARDING CAUSE NUMBER 115931 WALTER DARROW VERSUS THE CITY OF MIDLOTHIAN. PURSUANT TO THE ATTORNEYS ETHICAL DUTY TO ADVISE CITY REGARDING SUCH MATTERS. FOR THE RECORD. COUNCILMAN ROGERS HAS RECUSED FROM THIS ITEM. I BELIEVE WE HAVE A MOTION TO BE MADE BY COUNCILMAN WEAVER. I MAKE A MOTION TO AUTHORIZE THE CITY ATTORNEY AND CITY MANAGER TO ENGAGE THE WALKER BRIGHT LAW FIRM TO ASSIST IN THE DEFENSE REGARDING WALTER DARROW VERSUS THE CITY OF MIDLOTHIAN, AND NAMED COUNCIL MEMBERS IN THEIR OFFICIAL CAPACITIES. SECOND. OKAY. WE HAVE A MOTION BY COUNCILMAN WEAVER WHICH IS SECONDED BY COUNCILMAN SHEFFIELD. PLEASE VOTE. ITEM PASSES 6 TO 0. ALL RIGHT. THANK YOU ALL. THANK YOU FOR YOUR PATIENCE. THANKS FOR STICKING AROUND, OSCAR. SO IT'S A GOOD FACILITY. GOOD CITY HALL. IT IS 938 AND WE ARE ADJOURNED. THANK YOU. REALLY NICE. * This transcript was compiled from uncorrected Closed Captioning.