[Call to Order, Pledges, and Invocation] [00:00:12] >> GOOD EVENING. IS AT 6:00 P.M. TUESDAY JULY 14TH, 2026. WE HAVE FORUM OF CITY COUNCIL PRESIDENT SO I CALL THIS MEETING TO ORDER. WE WILL BEGIN THIS EVENING WITH. >> BYE BYE TO GOD WE GIVE YOU THANKS AND PRAISE FOR ANOTHER NIGHT OF GATHERING, FOR DECISIONS, FOR CONVERSATION HEAR PRAY FATHER THAT YOU GIVE US WISDOM AS WE CONSIDER MATTERS THAT AFFECT US ALL. AND THAT IT BE FOR IMPROVEMENT OF OUR COMMUNITY. WE THANK YOU FOR THE PRIVILEGE WE HAVE OF BEING IN THIS GREAT CITY AND WORKING TOGETHER, COMING UP WITH SOLUTIONS TOGETHER AND WE GIVE YOU PRAISE FOR YOUR WISDOM AND DIRECTION IN THAT. IN JESUS' NAME WE PRAY. AMEN. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. I PLEDGE ALLEGIANCE TO TEXAS. UNDER GOD ONE AND INDIVISIBLE. >> THANK YOU COUNCILOR SHEFFIELD. FOR THE RECORD COUNCILWOMAN HAMMONDS IS OUT FOR THE EVENING AND ALSO FOR THOSE THAT MIGHT BE IN ATTENDANCE OR PAYING ATTENTION ONLINE SPECIFICALLY FOR ITEM NUMBER 225, THAT ITEM WAS PULLED AND WE WON'T BE [2026-211 Announcements/Presentations ] HEARING THAT CASE THIS EVENING WE WILL MOVE ON TO OUR REGULAR AGENDA AND THAT STARTS WITH 211 ITEM A CITY COUNCIL TO REPORT ON ITEMS OF COMMUNITY INTEREST CITY COUNCIL MEMBERS LIKE TO MENTION ANY ITEMS OVER THE PAST FEW WEEKS. >> WOULD LOVE TO HAVE FIRST AND FOREMOST GIVE A BIG SHOUT OUT TO OUR PARKS AND RECREATION TEAM. I DON'T KNOW IF PEOPLE HAVE REALIZED BUT THERE'S BEEN EVENTS TAKING PLACE IN THE CITY PRACTICALLY EVERY WEEKEND SINCE ABOUT MID-JUNE SO YOU'VE HAD SOCCER MOVIES CONCERTS, FIREWORKS, PARADES YOU NAME IT THEY'VE BEEN DOING IT HERE I SAW THEM CLEANING THE TREES ON 14TH STREET AS WELL BUT THIS CREW HAS BEEN VERY BUSY PUTTING ON LOTS OF EVENTS AND REALLY IN JULY IT'S NATIONAL PARKS AND RECREATION MONTH AND HOW DO WE LIKE TO CELEBRATE? WE DO MORE EVENTS SO WE HAVE PARK TOPIA TAKING PLACE THIS FRIDAY AND RECOGNITION OF NATIONAL PARKS AND RECS MONTH SIX TO 9:00 P.M. AT COMMUNITY PARK. URGE FOLKS TO COME ON OUT. LOTS OF ACTIVITIES BUT ALSO ENCOURAGE IF YOU SEE THOSE PARKS FOLK DOWN THANK THEM FOR THEIR HARD WORK. >> I'D LIKE TO SHOUT OUT OUR SENIOR CITIZEN CENTER SOME UNSUNG HEROES IN OUR COMMUNITY. THEY SERVE OUR COMMUNITY WELL WITH THE RECENT CLOSING OF A LOCAL GYM IN TOWN. THERE'S GREAT NEED FOR A SILVER SNEAKER PROGRAM AND SENIOR CITIZENS CENTER STEPPED UP TO THAT NEED AND CALLING AND HAS FULFILLED THAT NEED SO THANK YOU TO OUR SENIOR CITIZEN STAFF AND THE TEAM THAT'S INVOLVED. WOULD LIKE TO ALSO MENTION THERE WAS AN INCIDENT IN A NEIGHBORING CITY THAT'S MADE NATIONAL NEWS THAT INVOLVED ONE OF OUR LOCAL FIREFIGHTERS AND ONE OF OUR TEAM MEMBERS THAT WE ARE GOING TO BE ACKNOWLEDGING AT A LATER DATE SO I DIDN'T WANT THE PENALTY TO THINK WE WERE IGNORING THAT WE'RE NOT PAYING ATTENTION TO WHAT'S GOING ON HERE BUT WE WANT TO MAKE SURE WE DO IT RIGHT AND WE ARE GOING TO DO IT IN A COUPLE OF WEEKS. [2026-212 Citizens to be heard ] >> WOULD YOU LIKE TO SHARE ANY ITEMS? ALL RIGHT MOVING ON HERE CITIZENS TO BE HEARD CITY COUNCIL INVITES CITIZENS TO ADDRESS COUNCIL ON ANY TOPIC THAT'S NOT ALREADY SCHEDULED FOR PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD COMPLETE THE PARTICIPATION FORM PRESENTED TO THE SECRETARY AND SPEAKERS ARE LIMITED TO 3 MINUTES. >> CAROLYN RODRIGUEZ. >> MR. RODRIGUEZ IF YOU COME FORWARD AND STATE YOUR NAME INTO THE MICROPHONE FOR THE RECORD. >> THE MICROPHONE IS ON. >> WHETHER OR NOT YOU LIVE WITHIN THE CITY LIMITS OF. >> MY NAME IS CAROLINA AND I DON'T LIVE IN THE CITY LIMITS BUT I'M HERE BECAUSE I WANT TO LET YOU KNOW THAT, FIRST OF ALL MY NAME IS CAROLINA BUT FYI I. HAVE A BACHELOR'S DEGREE IN CRIMINAL JUSTICE. I TAUGHT SCHOOL AND I HAVE A TEACHING CERTIFICATE HERE SO I'M JUST NOT TALKING OUT OF MY YOU KNOW WHAT SO I WANTED TO TALK ABOUT YOUR POLICE DEPARTMENT. IN 2024 YOU MADE THE NEWS BECAUSE SO MANY PEOPLE ARE COMPLAINING THAT POLICE WERE NOT SOLVING CRIMES BUT PROBLEMS WITH YOUR POLICE DEPARTMENTS STARTED WAY BEFORE THAT AND THAT'S BECAUSE YOUR POLICE HAVE US VERSUS THEM MENTALITY HERE THEM AGAINST THE CITIZENS THEY HAVE A LINE BETWEEN THE CITIZENS AND THE THEY HAVE A STRONG ALLEGIANCE TO EACH OTHER THEY PROTECT EACH OTHER SO BODY CAM FOOTAGE YOU CAN SEE WHEN SOMETHING'S OCCURRING THAT THE OTHER OFFICERS ARE TURNED THEIR [00:05:03] BACKS TO THE BODY CAM SO IT DOESN'T FILM THEM THEY ALWAYS INVESTIGATE THEMSELVES. THEY FIND NO WRONGDOING BUT EVERY ONCE IN A WHILE PEOPLE COME UP AND COMPLAIN TO YOU ALL. BUT BECAUSE YOU ALL MADE THE NEWS IN 2024 THAT'S WHEN YOU ALL DECIDED TO TAKE ACTION, YEAH, WE ARE GOING TO TAKE ACTION NOT BECAUSE YOU MADE THE NEWS BUT BECAUSE YOU WERE TIRED OF HEARING ABOUT ALL THESE COMPLAINTS. YOU TOOK ACTION BECAUSE YOU WANT CITIZENS TO SHUT UP ALREADY AND LET'S JUST GO ON HERE SO YOU HIRED CONSULTANTS AND NOW WE PACIFY THE PEOPLE FOR A WHILE AND CONSULTANTS TOLD YOU THERE WAS A LOT OF UNSOLVED SHODDY PAPERWORK ON THESE INVESTIGATIONS AND THEY TOLD YOU THAT COPS WEREN'T FOLLOWING THEIR DEPARTMENT POLICIES. AND SO YOU GUYS DECIDED TO MAKE A PLAN WITH THE CHIEF THAT'S THE CAUSE OF US VERSUS THEM MENTALITY AND CITY MANAGER. SOME OF THE THINGS YOU IMPLEMENTED YOUTH OUTREACH PROGRAM PUBLIC, SOMETHING I CAN'T READ MY HANDWRITING SOMETHING SUPPLY FORM CITIZENS POLICE ACADEMY ALL THAT STUFF. DE-ESCALATION TECHNIQUES BUT ADDRESSING WHAT THE GROUP TOLD YOU WAS WRONG WHICH WAS SHODDY AND UNSOLVED CRIMES SHODDY PEOPLE. THE REASON I'M ALL SWEATY AND HOT IS BECAUSE I WAS JUST OUT FRONT AND YOU HAD A POLICE OFFICER WHO HAD SOMETHING PULLED OVER AND I DON'T KNOW THE REASON BUT I KNOW THE REASON FOR THE SEARCH AND IT'S A FOURTH AMENDMENT VIOLATION ON THAT YOUNG MAN WHO WAS DRESSED FOR WORK CLEAN CUT. PULLED HIM OUT OF THE VEHICLE OUT HERE UP FRONT BECAUSE THERE WAS A VAPE PEN IN PLAIN SIGHT. THAT'S NOT PROBABLE CAUSE TO PULL SOMEBODY OUT OF THE CAR AND SEARCH THEM THAT'S FOURTH AMENDMENT VIOLATION AND THAT YOUNG MAN HAS AN ABILITY TO SEE YOU GUYS FOR THAT FOURTH AMENDMENT VIOLATION. THAT POLICE OFFICER JUST STOOD ACROSS THE STREET AND I'VE GOT IT ON FILM. SO ANYWAYS THAT'S ALL I'VE GOT TO SAY ABOUT THAT. I'M NOT DONE YET. I FORGOT ABOUT THIS PART. ALL THOSE PROGRAMS YOU PUT IN WITH THE CHIEF AND THE CITY MANAGER HOW'S THAT WORKING FOR YOU? WHERE'S THE DATA FROM ALL THE PLANS YOU PUT INTO PLACE? IS IT FIXING ANY OF THE THINGS THEY SAID WAS WRONG? WHERE'S THE DATA ON THAT? HAS IT FIX ANYTHING? THAT'S NOT GOING VERY WELL FOR YOU SO YOU NEED TO DO SOMETHING ABOUT YOUR POLICE GET RID OF THE CHIEF. THAT'S WHAT YOU SHOULD DO. IT ALWAYS GOES TO THE TOP TIER THANK YOU. >> THANK YOU FOR YOUR COMMENTS. ANY OTHER SPEAKERS THIS EVENING, PLEASE. >> JOHN FERRIS. >> IF YOU DON'T MIND STATE YOUR NAME INTO THE MICROPHONE FOR THE RECORD WHETHER OR NOT YOU LIVE WITHIN CITY LIMITS YOU'LL HAVE . >> JOHN FERRIS. I DO NOT LIVE IN THE CITY BUT I'M HERE TO ADDRESS A FEW THINGS HERE THANK YOU FIRST OF ALL FOR ALLOWING ME TO COME AND ADDRESS THESE THINGS. RECENT APPROVAL AND EXPANSION OF FLOCK SAFETY LICENSE PLATE READER CAMERAS IN THIS COMMUNITY AND EVERY COMMUNITY AROUND THE COUNTRY PRETTY MUCH AT THIS POINT. WHILE I UNDERSTAND THE INTENT IS PUBLIC SAFETY AS WE ALL DO WANT FOR THIS COUNTRY I BELIEVE THIS REPRESENTS A TROUBLING DOUBLE STANDARD THAT PUTS THE GOVERNMENT VERSUS US RATHER THAN PROTECTING US FROM REAL THREATS. MANY OF YOU IN LAW ENFORCEMENT AND CITY OF GOVERNMENT HAVE EXPRESSED ANGER WHEN CITIZENS LIKE ME PUT MY CAMERAS AT OFFICERS OR PUBLIC SERVANTS, WHEN I COME TO YOUR BUILDINGS ET CETERA JUST TO DOCUMENT ACTIONS AND HOLD PEOPLE ACCOUNTABLE. I'VE HEARD COMPLAINTS ABOUT PRIVACY HARASSMENT AND OUTREACH BUT THE SAME OFFICIALS HAVE NO PROBLEM INSTALLING A NETWORK OF AUTOMATED SURVEILLANCE CAMERAS THAT TRACK EVERY VEHICLE ENTERING OR LEAVING OUR CITY. RECORDING LICENSE PLATES TIMES AND LOCATIONS. WITH DATA SHARED ACROSS AGENCIES AND THIRD PARTIES FOR TRANSPARENCY AND ACCOUNTABILITY ARE GOOD FOR CITIZENS FILMING THE PUBLIC OFFICIALS WHY ISN'T THE SAME STANDARD APPLIED WHEN THE GOVERNMENT FILMS ALL OF US WE THIS ISN'T SAFETY. IT'S ONE WAY SURVEILLANCE THAT ERODES TRUST HERE SO LET'S TALK MONEY. CITY COUNCIL APPROVED SPENDING UP TO $209,100 ON FLOCK CAMERAS AND SERVICES. THAT'S REAL TAXPAYER DOLLARS AND FUNDS THAT COULD GO TOWARDS HIRING MORE OFFICERS. [SINGING] FIXING ROADS OR ADDRESSING COMMUNITY NEEDS. NATURALLY THESE SYSTEMS COST CITY THOUSANDS PER CAMERA ANNUALLY AND SUBSCRIPTIONS OFTEN WITH ONGOING FEES AFTER TRIAL PERIODS. WE ARE JOINING A GROWING SURVEILLANCE GRID WITH BUDGETS TIGHTENED ELSEWHERE IS THIS THE BEST USE OF OUR LIMITED RESOURCES? WE HAVE FAR MORE PRESSING ISSUES SUCH AS OUR EDUCATION SYSTEM FAILS TO PREPARE YOUNG PEOPLE FOR REAL LIFE. MANY GRADUATES LEAVE SCHOOL WITHOUT KNOWING HOW TO VOTE EFFECTIVELY FILE TAXES, CREATE A BUDGET, SAVE MONEY OR HANDLE BASIC RESPONSIBILITIES OR EVEN SHOW UP TO A COUNCIL MEETING OR ANYTHING SUCH AS CHANGING A TIRE OR NEGOTIATING A CONTRACT. WE'RE PRIORITIZING CAMERAS OVER CIVICS, FINANCIAL LITERACY AND PRACTICAL SKILLS THAT COULD BUILD STRONG AND INDEPENDENT CITIZENS WE ALSO MAINTAIN OUTDATED AND CONSISTENT LAWS SUCH AS ALCOHOL FULLY LEGAL AND [00:10:03] WIDELY AVAILABLE, CAUSING COUNTLESS ACCIDENTS HEALTH ISSUES AND FAMILY PROBLEMS BUT SAFER ALTERNATIVES ARE RESTRICTED SUCH AS TRAFFIC STOP OUT HERE THE VAPE PEN HERE THE HYPOCRISY UNDERMINES GOVERNMENT RESOURCES THAT COULD TARGET REAL CRIMES CAMERAS CREATE A FALSE SENSE OF SECURITY SPENDING GOVERNMENT EACH AND EVERY SINGLE DAY STARTING TO LOOK LIKE 1984. THEY DON'T REPLACE GOOD THAT SHOULDN'T REPLACE GOOD POLICING IN STRONG FAMILIES FISCAL RESPONSIBILITY WITH CAMERAS THAT TRACK EVERYBODY EVERY SINGLE WORD SO I WAS THE COUNSELOR TO CONSIDER SPENDING AND STRIKE OVERSIGHT ON MEMBERS SUGGESTED. THANK YOU VERY MUCH. >> PRESTON GATES. COME FORWARD STATE YOUR NAME INTO THE MICROPHONE FOR THE RECORD WHETHER OR NOT YOU LIVE IN THE CITY LIMITS AND YOU HAVE 3 MINUTES AS WELL. >> PRESTON GATES I LIVE WITHIN CITY LIMITS. I'M A RESIDENT OF MIDLOTHIAN. I THINK I KNOW MOST OF YOU. THANK YOU FOR TAKING THE TIME TO LISTEN TO ME. JANUARY OF 25 WE HAD AN ISSUE WITH THE POLICE DEPARTMENT AND WE CALLED THE POLICE AND ASKED FOR SOMEBODY TO SHOW UP AND NOBODY SHOWED UP. SINCE THEN I'VE TALKED TO YOU CLYDE I'VE TALKED TO YOU CHRIS AND JUSTIN. I APPRECIATE EVERYTHING YOU'VE DONE. WE'VE TALKED TO EVERYBODY BECAUSE THERE'S A WHOLE LOT OF TALK BUT THERE'S NEVER BEEN ONE ANSWER AS TO WHY THE POLICE DIDN'T SHOW UP AT MY HOUSE, NOT ONE HERE YOU DID PROVIDE ME AN ANSWER AS TO WHY I DIDN'T GET AN OPEN RECORDS REQUEST BUT YOU WERE ONLY AS GOOD AS THE INFORMATION PROVIDED TO YOU. THE INFORMATION YOU PROVIDED WAS WRONG. YOU CAN FACT-CHECK THAT HERE THEY TOLD US THAT YOU WERE STILL UNDER INVESTIGATION. MR. SCOTT OVER HERE DURING THE MEETING THAT WE ALL HAD HE STATED HE COULD ONLY FIND ONE OPEN RECORDS REQUEST FROM. I KNOW LONGER WALK THAT MEETING AND FOUND THREE MORE. AFTER A VERY LONG AND DILIGENT SEARCH BY POLICE DEPARTMENT AND COULDN'T FIND IT. SINCE THEN WE'VE HAD OTHER ISSUES AND WE'VE HAD I FEEL LIKE WE ARE BEING HARASSED. ON TEXAS PATIOS PLUS. NOW ALL OF A SUDDEN WE CAN'T GET THINGS THROUGH PERMITTING CLYDE WE BUILT WITH YOU ON THIS. WAYNE I DON'T THINK WE WOULD HAVE GOTTEN ANYTHING DONE IF IT WOULDN'T HAVE BEEN FOR YOU. BUT THE STAFF CAN'T JUST BE TOTALLY INCOMPETENT AT EVERY LEVEL. CLYDE THERE WAS NO REASON THREE WEEKS AGO WE SHOULD BE HAVING THAT CONVERSATION HERE WE ASKED YOUR EMPLOYEES WHY, WE HAD TO PROVIDE REASONS AS TO WHAT YOUR POLICY IS. I FEEL LIKE WE WERE BEING HARASSED. LET'S GET BACK TO THE POLICE DEPARTMENT. SINCE THEN MY FAMILY HAS BEEN RIPPED OFF OF $40,000. WE CALLED THEN ASKED TO TALK TO SID. SID SAYS, HEY, COMMANDER VAUGHN CALLS ME BACK AND HE DOESN'T TELL ME, SIR, HE SAYS THERE WAS NO CRIME. SO WE GO BACK AND FORTH THIS AND THAT WE GO TO THE SHERIFF'S DEPARTMENT AND THEY SAID THERE'S DEFINITELY A CRIME HERE SO WE SEND IT BACK. THEY TELL US THIS WILL BE ON COMMANDER VAUGHN'S DESK FIRST THING TOMORROW MORNING. THREE WEEKS GO BY I END UP COMING BACK DOWN TO THE POLICE DEPARTMENT MAKING A REPORT. THEY SAY THEY THINK THERE'S A CRIME HERE. WE GET INTO IT AND WE ASK THE CHIEF TO MAKE SURE COMMANDER VAUGHN HAD NOTHING TO DO WITH THIS. THIS IS ALL AN EMAIL PIERRE YOU SHOULD BE ABLE TO GET THE PUBLIC RECORD UP HERE BUT IT FALLS ON DEAF EARS FINALLY I TELL THEM I THINK YOUR PEOPLE ARE COVERING UP AND WE REQUEST TEXAS RANGERS TO INVESTIGATE AND POLICE SHOW US WHERE IT HAS CLAIMED HE, WE ASKED HIM TO SHOW US WHERE THEY TURNED OVER TEXAS RANGERS THAT'S WHAT WE WERE TOLD BY COMMANDER VON. WE'VE NEVER HAD AN ANSWER. I KNOW MY TIME IS UP. I APPRECIATE THE EXTRA 10S. WE NEED TO GET TO THE BOTTOM OF THIS THANK YOU FOR YOUR COMMENTS. ANY OTHER SPEAKERS TONIGHT PLEASE. >> LISA HEALEY. >> STATE YOUR NAME INTO THE MICROPHONE WHETHER OR NOT YOU LIVE WITHIN CITY LIMITS AND YOU HAVE 3 MINUTES. >> MY NAME IS LISA HEALEY I. LIVE WITHIN THE CITY LIMITS. TODAY I JUST HAVE A QUESTION FOR YOU GUYS TO CONSIDER WHEN YOU ARE LOOKING AT SOME OF THE AGENDA ITEMS TONIGHT SEVERAL AGENDA ITEMS SO I DIDN'T WANT TO KEEP GETTING UP AND DOWN. AND I JUST THINK IF YOU GO IN WITH THIS QUESTION IT WOULD REALLY BENEFIT THE CITIZENS OF MIDLOTHIAN. THE QUESTION IS, WHY ARE WE CHANGING A PLANNED DEVELOPMENT [00:15:02] PLAN TO REMOVE HIGH REVENUE GENERATING ITEMS HACK AND REPLACING IT WITH ONE NONREVENUE GENERATING ENTITY? WHY ARE WE DOING THAT WHEN A NONREVENUE GENERATING ENTITY COULD FIND ANOTHER PLACE TO PUT THEIR HOUSE OF WORSHIP ESPECIALLY BECAUSE FROM WHAT I UNDERSTAND, WE DON'T HAVE A WHOLE LOT OF ZONING REQUIREMENTS FOR HOUSES OF WORSHIP. WHY ARE WE DOING THAT IN THE MIDDLE OF A BIG BOX PLANNED DEVELOPMENT, IN AN AREA OF TOWN THAT WOULD REALLY BENEFIT HAVING HOTELS? SO REALLY ASK YOURSELVES BY DOING THIS IS IT BENEFITING THE CITIZENS OF MIDLOTHIAN, APPROVING IT IF YOU CAN THEN IN THE NEXT TURN WE ARE LOOKING TO GIVING TAX DOLLARS, I KNOW THEIR SALES TAX DOLLARS. THEY ARE STILL TAX DOLLARS. BECAUSE I'M SURE THE MAJORITY OF THOSE SALES TAX DOLLARS ARE COMING FROM CITIZENS. WHY ARE WE GIVING TOTAL 15/15,000,000 DOLLARS OUT OF MED TWO DEVELOPERS FOR BEAUTIFICATION WHEN MED IS SITTING ON $30 MILLION THAT COULD BE USED TO ALLEVIATE SOME TAX BURDEN FOR THE CITIZENS OF MIDLOTHIAN? WE CAN USE THOSE TAX DOLLARS FOR INFRASTRUCTURE. NEEDED INFRASTRUCTURE. INSTEAD OF BEAUTIFICATION FOR BIG BOX DEVELOPERS FOR BIG BOX DEVELOPERS IF THEY WANT TO BE HERE LET THEM PAY FOR THE BEAUTIFICATION, LET'S NOT MAKE IT SO THAT WE ARE BECOMING MANSFIELD 2.0. OR WAXAHACHIE 2.0. LET'S BE MIDLOTHIAN. THANK YOU. >> THANK YOU FOR YOUR COMMENTS. >> ROBERT HARVEY. >> MR. HARVEY IF YOU WOULD COME FORWARD. STATE YOUR NAME INTO THE MICROPHONE AND WHETHER OR NOT YOU LIVE WITHIN CITY LIMITS OF MIDLOTHIAN. YOU HAVE 3 MINUTES. >> MY NAME IS ROBERT HARVEY. >> LET ME KNOW IF YOU LIVE IN THE CITY. >> IS THAT GOING TO DECREASE MY TIME IF I DON'T PLEA I DON'T LIVE IN THE CITY LIMITS. I APPRECIATE YOU LETTING ME SPEAK EVEN THOUGH I WAS A FEW MINUTES LATE. SOMETHING HAPPENED OUTSIDE AND I GOT IN HERE LATE. I WAS SENT A "CBS NEWS" REPORT AND THIS WAS TWO YEARS AGO AND THERE WAS AN INTERNAL REPORT THAT FOUND EXTENSIVE FAILURES AND POOR JUDGMENT INSIDE THE POLICE DEPARTMENT HERE IF THIS STEMMED FROM A 12-YEAR-OLD GIRL REPORTING A BOY IN CLASS. THE FAMILY CALLED THE POLICE SAID THAT THEY WERE IGNORED BECAUSE THE INVESTIGATION COMPLETELY STOPPED THEY DIDN'T RESPOND TO THE FAMILY. THE FAMILY COMPLAINED TO THE CHIEF THE CITY MANAGER AND CITY COUNCIL. I KNOW THIS WAS TWO YEARS AGO BUT IT SEEMS LIKE AN ONGOING PATTERN. THAT'S WHAT I'M GETTING AT THAT INVESTIGATION COMPLETELY STOPPED. CITY COUNCIL DID HIRE AN OUTSIDE CONSULTING FIRM TO INVESTIGATE CITY WHICH I THINK THAT WAS GOOD OF YOU ALL TO DO. THE CONSULTANTS NOTED SIGNIFICANT DEFICIENCIES ABOUT THE CASE MANAGEMENT THAT JASON O'BRIEN, THE INVESTIGATOR JUST STOPPED WORKING AND DID NOTHING. THEY COULDN'T FIND ANYTHING HE DID ON THE CASE JUST LIKE HE JUST CLOCKED IN AND SAT AROUND ALL DAY AND DIDN'T DO HIS JOB. ALSO THOSE SAME CONSULTANTS IDENTIFIED MANY CASES WHERE CRIMES WERE COMMITTED AND SUSPECTS WERE IDENTIFIED BUT THEY WERE NEVER ARRESTED BECAUSE NO ONE WORKED ON THE CASE AS IF NO ONE DID ANYTHING. IT'S LIKE YOU GUYS, THESE DETECTIVES ARE JUST CLOCKING IN AND TAKING TAX DOLLARS AND NOT DOING THEIR JOB BECAUSE IT'S BEEN BROUGHT TO MY ATTENTION THAT A MAN CALLED 911. HIS KIDS WERE BEING STOPPED ON THE WAY HOME FROM SCHOOL AND THAT IS SERIOUS BUSINESS RIGHT HERE. WHEN SOMEONE IS STALKING KIDS HOME FROM SCHOOL AND 911 IS CALLED AND 911 DOES NOT SHOW UP. THIS IS THE PATTERN I'M TALKING ABOUT HERE I WAS INFORMED THERE WAS A THE SAME MAN WHO STOPPED STALKED THESE KIDS HOME FROM SCHOOL THE SAME MAN SHOWED UP AT A 7-ELEVEN AND THREATENED AND HARASSED THESE KIDS MOTHER AND THE INVESTIGATOR SAID THAT THEY TALKED TO THE DA. THE DA WAS GOING TO TAKE THE CHARGES AND THEN NOTHING HAPPENED BECAUSE THEY WERE IGNORED THEY FINALLY GOT AHOLD OF THE DA AND THE DA SAID HE HAD NO IDEA THE CASE EVEN EXISTED BECAUSE NOBODY EVEN BROUGHT IN THE CASE SO WHAT IS GOING ON HERE PEOPLE HAVE BEEN SPEAKING OUT ABOUT THIS POLICE PROBLEM AND THESE PROBLEMS THAT I'VE [00:20:02] MENTIONED AND NOW IT SEEMS LIKE THE CITY HAS WEAPONIZED CODE ENFORCEMENT AGAINST THESE PEOPLE FOR SPEAKING OUT HERE I DON'T THINK THAT'S RIGHT. WE PAY OUR TAXES. WE SHOULD HAVE THESE THINGS INVESTIGATED HERE SOLVE SOME REAL CRIME. STOP HARASSING AND COLLECTING. WE JUST SAW A GUY GOT A TICKET, HE HAD A LITTLE VAPE PEN WHICH IS THC. YOU SHOULD BE SOLVING REAL CRIME NOT THIS LITTLE PETTY STUFF. THAT'S WHAT WE CARE ABOUT IS THE REAL CRIME. WE DON'T CARE ABOUT THIS NONSENSE WRITING TICKETS AND STUFF. ALSO I HEARD OPEN RECORDS REQUESTS HAVE NOT BEEN FILLED BECAUSE YOU ARE SAYING THE PERSON WASN'T INVOLVED JUST BECAUSE YOU WERE NOT INVOLVED IN THE ARREST DOES NOT MEAN YOU CANNOT GET AN OPEN RECORDS REQUEST. THANK YOU FOR YOUR TIME THAT'S ALL I HAVE. [CONSENT AGENDA] >> THANK YOU FOR THE COMMENTS THERE ARE NO OTHER SPEAKERS WILL MOVE ON TO CONSENT AGENDA WHICH IS ITEM 213. ALL MATTERS LISTED UNDER CONSENT AGENDA CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED THE ITEM CAN BE REMOVED FROM CONSENT AND CONSIDERED SEPARATELY. WOULD ANY COUNCIL MEMBERS LIKE TO REMOVE ANY ITEMS FROM CONSENT THIS EVENING? HEARING NONE I WILL TAKE A MOTION ON CONSENT. MOVE TO APPROVE. MOTION TO APPROVE SECONDED BY COUNCILMAN WEAVER. I DON'T HAVE A VOTE BUTTON OR I'VE FORGOTTEN HOW TO DO IT. , ALL IN FAVOR RAISE YOUR RIGHT HAND. ALL OPPOSED SAME. CONSENT AGENDA PASSES [2026-214 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (SUP) for a Secondary Dwelling Unit in an Agricultural (A) District, relating to the use and development of Lot 38, Blue Grass Estates, located at 3210 Bluegrass Drive. (SUP07-2026-033) ] UNANIMOUSLY. THERE IT IS PEER I SEE START VOTING NOW. THANK YOU. MOVING ON TO OUR PUBLIC HEARINGS THIS EVENING. [CHEERING] 2026, 214 CONDUCT A PUBLIC HEARING CONSIDER AN ACT UPON ORDINANCE GRANTING SPECIFIC USE PERMIT FOR SECONDARY DWELLING UNIT AGRICULTURAL DISTRICT RELATING TO USE AND DEVELOPMENT OF LOT 38 BLUEGRASS ESTATES LOCATED AT 3210 BLUEGRASS DRIVE YOU'RE WELCOME. >> THANK YOU GOOD EVENING MAYOR AND COUNCIL. THIS REQUEST IS FOR SUP AT 3210 BLUEGRASS. THIS FOR AN ELECTRICAL METER FOR THE SECONDARY DWELLING. OUR CURRENT ZONING ORDINANCE STATES THAT IF A PROPERTY IS GOING TO OBTAIN A SECONDARY DWELLING THEY HAVE TO BE ON THE SAME ELECTRICAL METER AS THE PRIMARY DWELLING HERE'S OUR SITE INFORMATION IS ABOUT 15 ACRES. THEY DO FALL UNDER THE COUNTRY MODULE WHICH ENCOURAGES LOW DENSITY AGRICULTURAL AND LIMITED NEIGHBORHOOD SERVICES WHICH THIS DOES FOLLOW HERE THE PROPERTY IS HIGHLIGHTED IN YELLOW. ALL SURROUNDING THE PROPERTY IS AGRICULTURAL. WHICH IS SINGLE FAMILY RESIDENTIAL HOMES AND THEY ARE UNDER THE COUNTRY MODULE HERE. THIS IS A SUBJECT PROPERTY TAX SO YOU CAN SEE THAT THERE'S A HOME AND THERE IS A BARN ALONG THE SECONDARY DWELLING WHICH IS ALREADY PERMITTED THROUGH BUILDING INSPECTIONS DEPARTMENT. SECONDARY DWELLING DOES MEET ALL OF THE OTHER REQUIREMENTS. THEY'RE JUST ASKING FOR EXTRA ELECTRICAL METER. IN 1996 THE PRIMARY WAS CONSTRUCTED AND IN 2008 THEY WERE ANNEXED IN THE CITY AGRICULTURAL WHICH THEY HAVE STAYED SINCE. 12 POSTCARDS WERE MAILED ON MAY 28TH TO SURROUNDING PROPERTY OWNERS, ONE SIGN WAS POSTED ON THE PROPERTY, AND THE PUBLIC NOTICE WAS PUT IN THE NEWSPAPER FOR THIS MEETING ON JUNE 27TH IF WE HAVEN'T RECEIVED ANY OPPOSITION OR CORRESPONDENCE REGARDING THIS. WE RECOMMEND APPROVAL OF THE SP AND PLANNING AND ZONING RECOMMENDED APPROVAL WITH ABOUT A FIVE TO ZERO AT THE JUNE 16TH MEETING THE APPLICANT IS HERE BUT JUST FOR QUESTIONS. >> THANK YOU. THIS IS A PUBLIC HEARING IF THERE'S ANY FOR THE PUBLIC CENTER TO SPEAKER THREE THERE'S NO PUBLIC INPUT FROM THE COMMUNITY ON THIS ITEM. I'LL TAKE A MOTION TO CLOSE THE PUBLIC HEARING. >> MOTION MADE BY ME SECONDED BY COUNCIL MEMBER. PLEASE VOTE AND THE PUBLIC HEARING CLOSES WITH A VOTE OF SIX TO ZERO PURE COUNCIL QUESTIONS OF STAFF FOR THE APPLICANT. IT'S BEEN A QUESTION, THIS IS SEVERAL OF THESE WE'VE DONE SPECIFICALLY FOR THE SECOND ELECTRICAL METER THAT DOESN'T MEET OUR REQUIREMENTS SO I. THINK I WOULD LIKE TO ASK STAFF TO LOOK AT THAT AND SEE IF WE CAN AMEND THAT LANGUAGE EITHER ON THE SIZE OF THE LOT OR THE PRESENCE OF THE SIGNED LETTER FROM LICENSED ELECTRICAL CONTRACTOR IN THE STATE OF TEXAS IF YOU'RE SPEAKING NECESSITY SO THAT WE DON'T HAVE TO HAVE THESE COME TO THE COUNCIL EACH TIME [00:25:03] BECAUSE I CAN'T THINK OF ONE THAT WE HAVE DENIED IN THIS SCENARIO SO WE CAN CRAFT THE LANGUAGE A LITTLE BETTER TO PRECLUDE THIS FROM HAVING THAT EXTRA STEP. >> NOT THAT IT MATTERS BUT IS THE SECONDARY DWELLING UNIT ALREADY THERE IF THAT'S WHAT THE SATELLITE PHOTO LOOKED LIKE. >> IT'S ALREADY CONSTRUCTED HERE. >> SPEAKER-06: SOMETHING CAME UP IN THE PAPERWORK. >> YEAH, THEY CAME IN TO DO THE PERMIT AND WERE ABLE TO BUILD IT AND THEY ASKED AND THAT'S WHEN WE REALIZED THEY WANTED A SECONDARY METER. >> YOUR COMMENTS OR QUESTIONS. >> MOTION MADE TO APPROVE BY COUNCIL MEMBER WEAVER SECONDED BY MAYOR TIM WICKLIFFE PLEASE VOTE YES MOTION PASSES WITH A VOTE OF 6-0. >> REAL QUICK I WOULD LIKE TO INTRODUCE THIS IS ARDEN'S LAST MEETING HERE SHE IS MOVING ON. JUST APPRECIATE EVERYTHING SHE'S DONE HERE SHE'S A FANTASTIC WORKER, PRESENTER, PLANNER ALL THAT. I WISH HER ALL THE BEST. >> THANK YOU SO MUCH. [2026-215 Conduct a public hearing and consider and act upon an ordinance to rezone Lot 6, Block 31, Original Town of Midlothian and a 0.16+ acre portion of the R. Horton Survey, Abstract No. 508, from Residential Three (R-3) District to Urban Village Planned Development District No. 191 (UVPD-191). The property is located at 316 South 5th Street. (Case No. Z12-2026-034) ] IT HAS BEEN SUCH AN HONOR. >> THANK YOU OPENING ITEM 2026, 215 YOU DIDN'T WANT TO MAKE HER DO ALL THE ITEMS TONIGHT? [LAUGHTER] CONDUCT A PUBLIC HEARING CONSIDER AN ORDINANCE TO REZONE LOT SIX BLOCK 31 ORIGINAL PEN OF MIDLOTHIAN .16 ACRE PORTION OF SURVEY ABSTRACT 508 FROM RESIDENTIAL THREE TO DISTRICT TWO URBAN VILLAGE PLAN, DEVELOPMENT DISTRICT 191 PROPERTY IS LOCATED 316 SOUTH FIFTH STREET. >> AND COUNCIL. DANIEL HONDA SENIOR PLANNER TWO ACCOUNTS THE PURPOSE OF THIS REQUEST IS TO ALLOW AN EXISTING SINGLE FAMILY RESIDENCE TO BE USED AS A BEAUTY SHOP DIRECT STAFF FINDS REQUESTS CONSISTENT WITH THE FUTURE LAND USE ORIGINAL TOWN DESIGNATION AS IT SUPPORTS A VARIETY OF LAND USES THE STAFF FINDS IT CONSISTENT WITH THE DOWNTOWN MASTER PLAN WHICH DESIGNATES THE AREA INDICATED BY THE STAR AS MIXED USE TRANSITION WHICH SUPPORTS MIXING RETAIL AND RESIDENTIAL. THIS SLIDE SHOWS THE PROPERTY OUTLINED IN YELLOW WITH ADJACENT ZONING LAND USES AND FUTURE LAND USES IN THE BOTTOM LEFT OF TABLE IF STAFF FINDS REQUEST COMPATIBLE WITH SURROUNDING ZONING AND LAND USES DUE TO LIMITED HOURS OF EIGHT TO EIGHT AND LOW TRAFFIC IMPACT THERE WILL BE NO INCREASE IN THE BUILDING FOOTPRINT BY THE DEVELOPMENT INCLUDES NEW PARKING RENOVATED FENCING ALONG THE NORTH END EAST BOUNDARY. FOR RESIDENTIAL ADJACENCY AND REMOVED PARKING LOTS IN SOUTHERN BOUNDARY. THE DEVELOPMENT REQUIRES ONE VARIANCE FROM THE 20-FOOT LANDSCAPE BUFFER REQUIREMENTS FOR RESIDENTIAL ADJACENCY. STAFF SUPPORTS THE VARIANCE SINCE MEETING REQUIREMENT IS NOT FEASIBLE DUE TO THE DISTANCE BETWEEN THE EXISTING STRUCTURE AND THE NORTHERN PROPERTY LINE. HERE YOU CAN SEE THE PROPOSED EXTERIOR RENOVATIONS WHICH ADD MORE TRADITIONAL RESIDENTIAL STYLE DETAILING THROUGH A NEW FRONT ENTRY GABLE, MORE DEFINED ENTRANCE, MASONRY BASED COLUMNS AND UPDATED FACADE ELEMENTS. THESE RENDERINGS WERE PROVIDED BY THE APPLICANT. THE REQUEST IS CONSISTENT WITH THE FOLLOWING GOALS WHICH AIM TO PRESERVE DOWNTOWN ADAPTIVE REUSE APPROPRIATE ZONING MIXING AND ENHANCED DEVELOPMENT STANDARDS ALONG MAJOR THOROUGHFARES. PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY WERE GIVEN NOTICE IN THEIR OBJECTION HAS BEEN RECEIVED. A SIGN WAS PLACED ON THE PROPERTY AS WELL AS NOTICE BEING PUBLISHED IN THE CITY NEWSPAPER FOR TEXAS LAW COMPLIANCE. WE RECOMMENDED APPROVAL BY A VOTE OF FIVE TO ZERO AND STAFF RECOMMENDS APPROVAL OF THE REQUEST DUE TO THE FOLLOWING REASONS THANK YOU AND THE APPLICANT IS PRESENT AS WELL. >> THANK YOU DANIEL. THIS IS A PUBLIC HEARING JEFF NO PUBLIC COMMENT I WILL TAKE A MOTION TO CLOSE THE PUBLIC HEARING OKAY SECONDED BY MAYOR KIM PLEASE VOTE. ITEM PASSES SIX TO ZERO. WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION OR STAND FOR QUESTION, SEEING NOBODY HOP UP. PERFECT PURE COUNCIL YOU HAVE AN ADDITIONAL NOTE PASSED OUT BY STAFF IF NEEDED AND QUESTIONS OF STAFF ON THIS. [00:30:12] MOTION TO APPROVE SECONDED BY COUNCILMAN RENO. PLEASE VOTE. ITEM PASSES SIX TO ZERO SORRY RICHARD. I THOUGHT YOU WERE ASKING A [2026-216 Conduct a public hearing and consider and act upon an ordinance amending the development and use regulations of Planned Development District No. 68 (PD 68) for a detailed site development plan, elevations, and a landscape plan for Lot 3-B3, Block 1, Hawkins Meadows Commercial. The property is located at 250 Hawkins Run Road. (Case No. SP04-2026-036) ] QUESTION. YOU GOT TO GET IN QUICK. ITEM PASSES SIX TO ZERO. THANK YOU DANIEL. ITEM 2026, 216 CONDUCT PUBLIC HEARING CONSIDER AND ACT UPON ORDINANCE AMENDING THE DEVELOPMENT REGULATIONS OF NUMBER 68 FOR DETAILED SITE DEVELOPMENT PLAN ELEVATIONS AND LANDSCAPE PLAN FOR LOT B-3 HAWKINS MEADOWS COMMERCIAL PROPERTIES LOCATED AT 250 HAWKINS ROAD THANK YOU DANIEL HUMMER SENIOR PLANNER TO PRESENT THIS IS A REQUEST TO INCORPORATE MULTI-TENANT SHOPPING CENTER INTO PD 68. REQUEST IS CONSISTENT WITH FUTURE LAND USE MEDIUM DENSITY RESIDENTIAL MODULES. THE CASE WAS DENIED BY COUNCIL IN OCTOBER OF LAST YEAR WHICH IS WHY YOU ARE SEEING IT AGAIN. I'M JUST GOING TO SKIP THROUGH THIS. SINCE COUNCIL DENIED THE BUILDING FOOTPRINT HAS NOT CHANGED BUT THE BOUNDARIES NOW ACCURATE, PARKING NO LONGER ENCROACHES INTO THE EASEMENT ALONG THE SOUTHERN BOUNDARY AND THE DRIVE HAS BEEN SHIFTED 85 FEET TO THE EAST. IF APPROVED THIS AMENDMENT WILL SERVE AS A SPECIAL EXCEPTION TO 330-FOOT DRIVEWAY DISTANCE REQUIREMENTS ALONG MAJOR ARTERIALS. SINCE PROPOSED LOCATION OF THE DRIVEWAY WILL BE 191 FEET FROM THE DRIVEWAY TO THE WEST. SINCE THE APPLICANT HAS WORKED WITH STAFF TO MAKE THE BUILDING MORE, DESIGN MORE CONSISTENT WITH THE DESIGN PATTERN. SOME ADDITIONAL RENDERINGS PROVIDED BY THE APPLICANT SHOWED INCREASED FACADE ARTICULATION ADDED PARAPET VARIATION AND ADDITIONAL ARCHITECTURAL DETAILING HERE'S ONE MORE. DUE TO THE APPLICANT ADDRESSING THE COMMISSION'S CONCERNS REGARDING THE REQUEST INCONSISTENCY WITH THE COMMUNITY CHARACTER GOAL FOR DESIGN GUIDELINES AND STANDARDS SHOWN ON THE NEXT SLIDE THE REQUEST IS ENTIRELY CONSISTENT WITH THE COMPREHENSIVE PLAN. 23 NOTICES WERE MAILED OUT TO SURROUNDING PROPERTY OWNERS TOOK A SIGN WAS PLACED ON THE PROPERTY AND NOTICE OF THE PUBLIC HEARING WAS PUBLISHED AND THE CITY NEWSPAPER FOR COMPLIANCE WITH TEXAS LAW. STAFF RECOMMENDS APPROVAL OF THE REQUEST DUE TO THE FOLLOWING REASONS STAFF DOES NOT SUPPORT THE VARIANCE FOR DRIVEWAY SPACING BUT DOES ACKNOWLEDGE THE PROPOSED LOCATION HAS AN IMPACT ON. THANK YOU AND I'M OPEN TO QUESTIONS AND THE APPLICANT IS NOT PRESENT. >> THIS IS A PUBLIC HEARING NO PUBLIC INPUT I WILL TAKE THE MOTION TO CLOSE PUBLIC HEARING. >> MOVING TO CLOSE THE PUBLIC HEARING MOTION MADE BY THE MAYOR TO CLOSE THE PUBLIC HEARING SECONDED. PUBLIC HEARING CLOSES BY A VOTE OF 6-0. QUESTIONS OF STAFF? >> JUST WANT TO MAKE SURE I UNDERSTAND IF WE ARE NOT LOOKING AT THE SAME PRESENTATION THAT WENT. >> THAT IS CORRECT. >> ALL OF STAFF HAS REVIEWED AND ALL OF THE CONCERNS AND RECOMMENDATIONS LEADING TO DENIAL CORRECT RECOMMENDATION AND FEEL CONFIDENT THEY HAVE BEEN ADDRESSED IN THIS MOST RECENT SUBMISSION BARRING THE DRIVEWAY SPACE. >> THAT IS CORRECT. >> WAS THE DRIVEWAY SPACING ISSUE ON WHAT WAS PRESENTED TO P AND Z? >> IT WAS AN ISSUE BUT IT WAS NOT BROUGHT UP IF THE MAIN ONE THAT WAS BROUGHT UP WAS THE ELEVATIONS ALONG THE THOROUGHFARE. >> I KNOW IT READS LIKE THERE WAS ONE VARIANCE HERE BUT I REALLY FEEL LIKE IT'S TWO DRIVEWAY SPACE VARIANCES BECAUSE THERE'S A SPACING ISSUE WITH THE ENTRANCE INTO THE NEIGHBORHOOD AND A SPACING ISSUE WITH A STARBUCKS ENTRANCE THAT ALIGNS WITH THE MEDIUM CUT AND THE ENTRANCE EXIT POINT FROM THE KROGER DEVELOPMENT SO REALLY WE DON'T MEET AT EITHER DIRECTION. I WANT TO MAKE SURE THAT WE CLEARLY UNDERSTAND THE SITUATION. >> THAT IS CORRECT. >> I WOULD LIKE STAFF TO EXPLAIN JUST BECAUSE OF THE PUBLIC COMMENT WE GOT EARLIER TONIGHT IN, WHAT EXACTLY IS BEING AMENDED. WHAT ARE THEY ASKING TO CHANGE FROM THE ORIGINAL PD IS IT THE [00:35:05] LANDSCAPING REQUIREMENT IS IT THE FACADE, IS IT THE SQUARE FOOTAGE COMMERCIAL SPACE, LIKE WHAT IS THE REASON THAT TRIGGERED THE AMENDMENT? >> I BELIEVE AND CORRECT ME IF I'M INCORRECT, THAT THIS PD REQUIRES A SITE PLAN FOR ANY TIME THE BUILDING GOES IN. >> SO IT'S NOT AMENDING. I UNDERSTAND BUT IT SAYS IT'S AMENDING BUT IT'S BECAUSE OF A REQUIREMENT. THEY'RE MEETING ALL THE PD STANDARDS. >> AM I CORRECT? AND SO TO DANIEL'S POINT EARLIER, THE MAIN VARIANT, THE ONLY VARIANCE IS THE DRIVEWAY SPACE. RIGHT. >> I THINK IT'S VERY LIKELY THAT THE RESIDENT WAS REFERRING TO THE NEXT AGENDA ITEM. >> ANY PD AMENDMENT, IT'S GOOD TO KNOW. I APPRECIATE IT. >> JUST SINCE ENGINEERING DOESN'T SUPPORT THE DRIVEWAY VARIANCE DID THEY OUTLINE ANY RISKS OR CONCERNS THAT'S DRIVING THE RECOMMENDATION CAN WE I DROVE THAT TODAY AND I'M KIND OF CONCERNED WHEN I LOOK AT THREE-WAY TRAFFIC EVERYONE COMING AROUND THE CORNER THE STARBUCKS KIND OF GOING IN A BIG CIRCLE THAT WE WERE GOING TO HAVE SOME OTHER BUSINESSES CONVERGING ON THE ONE POINT. SO I WANT TO MAKE SURE WE ARE NOT IMPEDING A LOT OF FLOW TRAFFIC THAT'S IN THAT PARTICULAR AREA UP HERE SO I'M JUST GOING TO SEE WHAT ENGINEERING FEEDBACK. >> MAINLY IT'S OUR STANDARDS. STANDARDS DRIVEWAY WE HAVE SPECIFIC DRIVEWAY SPACING RELATED TO THE SPEED OF THE ROAD AND I THINK HAWKINS RUNS 35 MILES AN OUR HERE BUT TO YOUR POINT WE HAVE A LOT OF CONGESTION AT THE STARBUCKS DRIVEWAY WHICH IS ACROSS THE STREET FROM THE MAIN KROGER DRIVEWAY AND THINGS LIKE THAT. ONE OF THE BIG FEARS, BECAUSE IT WILL BE A RIGHT IN RIGHT OUT ONLY BECAUSE THERE'S A MEDIAN THERE BUT FOR THE PEOPLE WHO WANT TO TAKE A LEFT WILL THEY JUT OVER ALL THE WAY INTO THE TURN LANE, THEN TRY TO MAKE A U-TURN? SO THERE'S THAT MOVEMENT THAT IT'S A DANGEROUS MOVEMENT IN SUCH A SHORT TIME EXITING THIS DRIVEWAY AND THEN TRYING, ATTEMPTING TO DO THE U-TURN ON HAWKINS RUN. MAKES SENSE? >> ADDITIONAL TO THAT CONCERN IS WHEN YOU HAVE FOUR-LANE DIVIDED LANE ANYWHERE IN THE COMMUNITY, THE VELOCITY OF TRAFFIC TENDS TO BE QUICKER BECAUSE OF THAT. IT IS NOT A NARROW STREETSCAPE HERE AND WHEN YOU THINK ABOUT SOMEBODY AS COMING OUT OF STARBUCKS HANGING A RIGHT, OR ACCELERATING, SOMEBODY ELSE IS TRYING TO DECELERATE AND TURN RIGHT WITHIN A VERY SHORT DISTANCE, SOMEBODY IS COMING OUT OF THIS PROJECT HANGING A RIGHT ACCELERATING THE FLOW OF TRAFFIC HERE IF SOMEBODY IS TURNING INTO OR OUT OF THAT NEIGHBORHOOD IT CREATES A LOT MORE FRICTION POINTS AND I THINK IT'S APPROPRIATE, THERE ARE SOME PLACES WHERE WE DO HAVE VARIANCES THAT WE BRANDED FOR THE DRIVEWAY SPACE TYPICALLY ON SMALLER ROADWAY FACILITIES THAT DON'T HAVE THE SAME VELOCITY OF TRAFFIC AND I THINK MAKING MORE CURB CUTS ONTO MAJOR THOROUGHFARES IS DETRIMENTAL TO THAT. YOU CAN LOOK AT THE NINTH STREET CORRIDOR FROM MIDLOTHIAN HIGH SCHOOL TO 287 BYPASS AND THERE'S A LOT OF OLDER AT GRADE CONNECTIONS THAT ARE IN BETWEEN THE STREETS AND ALLEYS AND EVERYTHING ELSE THAT CREATES YOU'VE GOT TRAFFIC MOVING AT A PRETTY GOOD CLIP BUT THERE'S ALL THESE PEEKABOO SPOTS WHERE SOMEBODY IS DARTING INTO OR OUT OF THAT CAN CREATE SIGNIFICANT SAFETY CONCERNS. ANY OTHER QUESTIONS OR COMMENTS? >> FROM PLANNING ON ENGINEERING STANDPOINT I DEFINITELY AGREE. I'M NOT ONE FOR HAVING A BUNCH OF CURB CUTS ONTO A MAIN THOROUGHFARE BUT IS THERE ANY TIME HAVE WE ALLOWED SO MANY ON SUCH A DENSELY PACKED COMMERCIAL SPACE BECAUSE I'M LOOKING AT THIS AREA LIKE THERE'S ONE TURNING OFF 663 AND ONE ON HAWKINS, AND THAT'S IT. GETS A LOT OF TRAFFIC AND I'M NOT SAYING THAT'S THE WRONG ANSWER. I'M JUST ASKING A COUNCIL IS THAT WORTH THE VARIANCE, I DON'T KNOW OR IS THERE ANOTHER PLACE IN TOWN WHERE WE HAVE THAT MUCH DENSE COMMERCIAL DEVELOPMENT? >> I THINK MAYBE IF YOU LOOK DOWN THE STREET ON HAWKINS RUN WE HAVE ALL THE PROFESSIONAL OFFICES, AND I THINK THERE'S THREE CURB CUTS AND THEN AN ACCESS UNTIL 14TH AT HAWKINS [00:40:01] RUN. THAT WOULD BE SOMEWHAT OF AN EXAMPLE IN CLOSE PROXIMITY TO THE SUBJECT PROPERTY. >> SO THAT WHOLE STREET HAS KIND OF BEEN DONE THAT WAY, OKAY. ANY OTHER QUESTIONS OR COMMENTS, MOTION'S? >> I WILL MAKE A MOTION TO APPROVE AS PRESENTED WITHOUT THE DRIVEWAY SPACING VARIANCE SECOND MOTION MADE TO APPROVE PRESENTED WITHOUT THE VARIANCE. SECONDED BY MAYOR KIM PLEASE VOTE. ITEM PASSES FIVE TO ONE MOVING [2026-217 Conduct a public hearing and consider and act upon an ordinance amending and restating the development and use regulations of Planned Development District No. 179 (PD-179), as set forth in Ordinance No. 2025-10 and amended by Ordinance 2026-21, being a 33.399+ acre portion of the J.T. Rawls Survey, Abstract No. 993. The property is generally located at the southwest corner of West Main Street, US Highway 67, US Highway 287/US Highway 67 Loop, and West US Highway 287. (Z11-2026-032). ] ON TO OUR FINAL PUBLIC HEARING OF THE EVENING WHICH IS 2026, 217 TO CONDUCT PUBLIC HEARING CONSIDER ACT UPON ORDINANCE RESTATING THE DEVELOPMENT USE REGULATION DEVELOPMENT DISTRICT NUMBER 179 TO SET FORTH AN ORDINANCE 2025ATHON AND AMENDED BY ORDINANCE 2026-21B33 PLUS OR MINUS ACRE PORTION OF SURVEY ABSTRACT 993 PIER PROPERTIES GENERALLY LOCATED SOUTHWEST CORNER OF WEST MAIN STREET U.S. HIGHWAY 67. U.S. HIGHWAY 287, 67 LOOP, WEST U.S. HIGHWAY 287,. >> GOOD EVENING. MIRIAM SPENCER ASSISTANT DIRECTOR OF PLANNING KIEV THE NEXT ITEM IS A REVISION TO THE PLANNED DEVELOPMENT DISTRICT 179 WHICH IS KNOWN AS THE CRESTVIEW DEVELOPMENT. THIS IS TO REPLACE THE EXISTING ORDINANCE TO UPDATE THEIR CONCEPT PLAN LANDSCAPE PLAN, OVERALL AMENITY PLAN AND UNIFIED SIGN PLAN. PROPERTY IS 33.399 ACRES AND HAS A BASE ZONING OF COMMUNITY RETAIL. AND IT IS PLANNED FOR REGIONAL MODULE GUIDING ON FUTURE MIDLOTHIAN 2045. PROPERTY IS LOCATED AT THE INTERSECTION OF WEST MAIN STREET, U.S. 287 U.S. HIGHWAY 67, AND THE 67 TO 87 LOOP, THE SURROUNDING LAND USE AND ZONING IS MULTIPLE PLANNED DEVELOPMENT DISTRICTS BUT IT'S ALL WITHIN THE REGIONAL MODULE. IF YOU'RE FAMILIAR WITH THE AREA YOU HAVE THE TRUCKS OUT TO THE NORTH, WALMART HERE AND YOU HAVE THE LOWE'S DEVELOPMENT TO THE EAST. AND THE FIRE STATION TO THE W WEST. AND SO THE AMENDMENT IS PROPOSING TO REMOVE THE SPECIFIC USE PERMIT REQUIREMENTS FOR THE HOME IMPROVEMENT STORE BY ADDING ADDITIONAL DEVELOPMENT STANDARDS WITHIN THE PD LANGUAGE. THEY ARE MODIFYING THE CONCEPT PLAN TO REDUCE THE NUMBER OF PAWNS AND AMEND THE ADJACENT AMENITY AREA. IT ALSO IS UPDATING THE CONCEPT PLAN TO MAKE CHANGES TO LAND USE CHANGES AND REVISE LANGUAGE THAT HAS CONFLICTS WITH LANDSCAPING AND UTILITIES. ALSO UPDATES PARKING REQUIREMENTS FOR THE LAND USES AND INCORPORATES AND MODIFIES THEIR SIGN PLAN FOR THE DEVELOPMENT OF YOUR KIND INCORPORATES VARIANCES FOR INTERNALLY ILLUMINATED SIGNAGE. IN THIS SLIDE IS SHOWING ALL OF THE CHANGES TO THE PLANNED DEVELOPMENT DISTRICT. THE FIRST ONE IS WE WILL START AT THE NORTH AND WORK OUR WAY SOUTH. THEY ARE CHANGING THIS RESTAURANT AND MAKING AND PROPOSING IT AS A DRIVE THROUGH INSTEAD OF HERE AND THAT WAS NEXT TO THE CONVENIENCE STORE THEY ARE PROPOSING RETAIL NOW NEXT TO THE CONVENIENCE STORE HERE THEY ARE REVISING THIS POD HERE IN THE YELLOW AND THEY HAD TO PROPOSE MULTITENANT DEVELOPMENTS BUT NOW THEY ARE PROPOSING TWO MULTITENANTS AND NOW ANOTHER DRIVE THROUGH RESTAURANT SOUTH OF THE CONVENIENCE STORE. THEY'RE REMOVING ONE OTHER RESTAURANT AND COMBINING IT INTO ONE, AND THEN REVISING ALL OF THIS DOWN HERE WHICH IS RETAIL, TWO HOTELS AND THREE MEDICAL OFFICES TO CREATE ONE CHURCH SITE. THIS IS SHOWING THE PREVIOUSLY APPROVED SITE DEVELOPMENT PLAN BEING INCORPORATED IN ORDINANCE. FOR THE LANDSCAPE PLAN ALONG 67, CAME THROUGH EARLIER THIS YEAR [00:45:03] WITH THE CUE TO RECOGNIZE THEIR SIGNIFICANT UTILITY LINES ALONG 67, AND SO CONSISTENT WITH THE APPROVED MODIFICATIONS TO THE LANDSCAPE BUFFER ALONG 67. THEY EXTENDED THE PERIMETERS OF ALLOWING BUSHES AND SHRUBS AND GRASS SCAPE ALONG 67 INSTEAD OF TREES BECAUSE OF THE OVERHEAD POWER AND ADDITIONALLY WATER MAINS ALONG 67. THEY HAVE ALSO MOVED IN THE TREES ALONG WEST MAIN STREET CONSISTENT WITH THE MOVEMENT OF THE TREES ALONG WEST MAIN STREET TO SCREEN PARKING, LOT PARKING ALONG MAIN STREET HERE THEY HAVE ALSO REVISED THE TREE SPECIES TO BE CONSISTENT WITH UTILITY LINES AND WHAT CAN BE PLANTED THERE. THEY ALSO ARE PROPOSING SOME GREENSCAPE ALONG THE REAR OF THE BUILDING ALONG 287, RECOGNIZING THERE IS AN ADDITIONAL VACANT LOT THAT'S BETWEEN THEM AND 287 THAT MAY BE DEVELOPED IN THE FUTURE. THEY ARE ALSO REQUESTING AN AMENDMENT THAT RECOVERS 80% MAXIMUM FOR THE SITE IN ORDER TO ALLOW THE HOME IMPROVEMENT STORE TO DO 85% WITH IMPERVIOUS COVER, IMPERVIOUS PAVERS ALONG THE BOUNDARY OF THE PROPERTY, SO THEY STILL HAVE PAVEMENT BUT IT WILL BE PERVIOUS PAVERS ALONG THERE SO THAT THE WATER WILL FLOW DOWN TO THE POND HERE THE OVERALL SITE IS 75% IMPERVIOUS COVER SO WE CAN WITH THIS MODIFICATION THE IMPERVIOUS COVER, THE OVERALL SITE WILL BE AT 75%. THE PAVER MATERIAL WILL BE IDENTIFIED WHEN THEY COME BACK THROUGH WITH THE DETAILED SITE PLAN. AN THE AMENITY PLAN, THEY REMOVED THE PONDS BUT THEY HAVE ADDED A COVERED PAVILION HERE, AND ADDING SOME STADIUM SEATING ALONG HERE SURE THEY ARE GOING TO ADD AERATORS AND FOUNTAINS FOR THE POND. ARE GOING TO HAVE WALKING PATHS VARIABLE WIDTH BETWEEN EIGHT, SEVEN, 6 FEET IN CERTAIN AREAS. AND THEY WERE GOING TO HAVE A PLAYGROUND AND OUTDOOR BENCHES, OUTDOOR SEATING HERE AND THEY ARE GOING TO HAVE OVERSTORY TREES, ACCENT TREES AND 36,000 SQUARE FEET OF TURF HERE IN THE DEVELOPMENT. THESE MULTI-TENANT BUILDINGS WILL HAVE OPENINGS SO THEY HAVE PATIO AREAS THAT FACE THE AMENITY AREA ALONG THESE THREE SITES HE APPEARED FOR THE SIGN PLAN, THEY ARE GOING TO MULTI-TENANT PYLON SIGNS THAT ARE 35 FEET IN HEIGHT ALONG 67 AND MAIN. AND THEY ARE DOING SINGLE TENANT MONUMENT SIGNS FOR THE REMAINING TENANTS. AN SINGLE TENANT MONUMENT SIGNS ARE 13 AND A HALF FEET AND THE SIGN IS THE SIMILAR SIZE. THEY'RE ASKING TO ALLOW FOR REAR WALL SIGNS IN ORDER TO ALLOW FOR 360-DEGREE ARCHITECTURE. FOR THEIR ELEVATIONS THEY ARE KEEPING THE EXISTING OLD TOWN FACADE. FOR BUILDINGS UNDER 20,000 SQUARE FEET IT WILL REQUIRE 360-DEGREE ARCHITECTURE CANOPIES AND AWNINGS ARE ENCOURAGED. IT WILL HAVE TO HAVE AN APPEARANCE OF A TWO STORY FACADE AND VARIED HEIGHT PLANS FOR BUILDINGS OVER 20,000 SQUARE FEET AREN'T REQUIRED TO MEET OLD TOWN ARCHITECTURE BUT THEY HAVE TO MEET HORIZONTAL AND VERTICAL ARTICULATION AND WE DO ENCOURAGE THEM TO UTILIZE OLD TOWN ARCHITECTURAL FEATURES. PUT THOSE DETAILED SITE PLANS CANNOT BE ADMINISTRATIVELY APPROVED THEY HAVE TO COME BACK BEFORE COUNCIL AND THIS IS TO SHOW YOU THE BEAUTY YOU SAW ENLARGED. THE PROPERTY WAS ANNEXED IN 1984 AND IT WAS REZONED FROM RESIDENTIAL FOR LIGHT INDUSTRIAL AND MULTIFAMILY AND AGAIN REZONED IN 2025 FOR COMMUNITY RETAIL AND THAT WAS AMENDED TO ADD THE DETAILED SITE PLAN AND ELEVATION LANDSCAPING, AND THE SITE HAS HAD TWO COUNCIL WORKSHOPS, ONE IN APRIL FOR THE AMENITY AREA, THE POND AND [00:50:02] MULTI-TENANT BUILDINGS, AND THEN ONCE IN MAY FOR THE HOME IMPROVEMENT STORE AND THE PLACE OF WORSHIP HERE COUNCIL THE PROPOSE AMENDMENTS ARE CONSISTENT WITH THE COMPREHENSIVE PLAN POLICIES AND GOALS. WE DID NAIL 12 POSTCARDS TO PROPERTY OWNERS WITHIN 200 FEET. THERE ARE THREE SIGNS OUT THERE AND WE DID POST IT IN THE MIDDLE OF HERE AND WE HAVE HEARD NOTHING, NO OPPOSITION OR CORRESPONDENCE ON IT. WE DO RECOMMEND APPROVAL AND PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL ON APRIL FIRST MEETING, SORRY FOUR TO ONE AT THE JUNE 16TH MEETING. SORRY. >> THANK YOU MARY ANN. THIS IS A PUBLIC HEARING. NO PUBLIC INPUT I WOULD TAKE A MOTION TO PROPOSE PUBLIC HEA HEARING. SECONDED BY COUNCILMAN. PLEASE VOTE. ITEM PASSES SIX TO ZERO. IF THE APPLICANT IS HERE I WOULD LIKE TO MAKE A PRESENTATION YOU ARE WELCOME TO OR YOU CAN STAND FOR THE QUESTION AS THEY ARISE. WELCOME THANK YOU MY NAME IS TIM THOMPSON. WE ARE THE OWNERS AND DEVELOPERS. THANKS FOR YOUR PRESENTATION. THANK YOU CLYDE AND THANK YOU FOR YOUR COMMENT REGARDING THE PD CHANGES. UNDERSTAND IT'S A FRUSTRATING PROCESS AND AS THE DEVELOPER WE ARE ALWAYS FRUSTRATING, THAT'S THE BUSINESS WE'RE IN AND I SEE JAMIE BACK THERE AND SHE DID A GREAT JOB WHEN SHE ZONED THIS PROPERTY BACK IN 2025 WHICH IS AMAZING TO THINK THAT WAS A YEAR AGO. SO LAST YEAR WE'VE BEEN WORKING AND AS WE MEET WITH THESE RETAILERS WE ARE PUTTING THIS PUZZLE TOGETHER THERE ARE CHANGES UNFORTUNATELY SO WE ARE COMING BACK TO YOU WITH SOME CHANGES BASED UPON THE USERS WE HAVE THAT WE THINK ARE THE BEST USERS AND I AM JOINED BY HOME DEPOT CAME IN FROM ATLANTA AND THE GREAT PEOPLE ARE IN HERE AS WELL FROM OKLAHOMA CITY. SO CHANGES WE HAVE MADE THAT ARE THE MOST DRASTIC WHERE WE COMBINE THREE LAKES INTO ONE TO MAKE IT ONE LARGE AMENITY AREA BECAUSE HAVING THREE LAKES WAS NOT SOMETHING WE WOULD REALLY LOOK LONG TERM IT WOULD BE MAINTENANCE MAINTENANCE, MOSQUITO NIGHTMARE THERE'S JUST NOT A GREAT, WE WOULD HAVE ONE ELABORATE AMENITY AREA AND THEN REMOVING THAT DRIVE WE WENT BEHIND THE RETAIL PUT IT IN THE FRONT BACK UP THE WATER HAVE A NICE PATIO FOR RESTAURANTS TO UTILIZE FOR CUSTOMERS TO ENJOY A NICE DAY IN TEXAS. I APPRECIATE EVERYONE'S TIME. I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. >> QUESTIONS OF APPLICANT OR OF STAFF HERE QUESTION FOR STAFF DID PD ORIGINALLY PRECLUDE HOUSES OF WORSHIP? >> NO. >> SO THE CHALLENGE I HAVE WITH THE WAY THIS IS SUBMITTED IS ANY DETAILED SITE PLAN SAYS CHURCH ON THERE SO I FEEL LIKE BY SAYING THAT ON THE PLAN WE ARE LIMITING WHAT THAT COULD POTENTIALLY BE IN THE FUTURE. IF IT'S A CHURCH TODAY SOMEBODY WANTS TO MAKE IT NOT A CHURCH TOMORROW WE ARE AMENDING THAT DETAILED SITE PLAN AGAIN BECAUSE IT'S NOT SPECIFICALLY ENCODED TO THAT, OR PRECLUDED FOR OTHERS BUT WE'VE TAKEN SMALLER BUILDINGS AND SAID WE WANT A LARGER BUILDING BUT THEN WE'VE ALSO GONE A STEP FURTHER AND SAID THAT WILL BE THIS USE. AND THAT'S WHERE I AM STRUGGLING A LITTLE BIT RIGHT NOW IS IF THE DEVELOPER FEELS LIKE, HEY, A LARGER MASS BUILDING ON THAT SITE IS APPROPRIATE OKAY GREAT LET'S DO THAT. BUT I DON'T NECESSARILY WANT TO LIMIT IT TO A SINGLE USE. >> UNDERSTOOD IF YOU BUT ALSO WHEN WE ARE PUTTING TOGETHER THE PD LANGUAGE FOR THE SITE WE HAVE RIGHT NOW APPLICATIONS FOR THE SITE PLANS AND WE'VE BEEN WORKING WITH MR. THOMPSON THE OVERALL DEVELOPER AS WELL AS THE INDIVIDUAL BUILDERS THAT ARE COMING IN TO TRY TO WORK THROUGH GETTING ALL OF THE VARIANCES INTO ONE CLEAN ORDINANCE IF YOU CAN SO WE DO HAVE THE SITE PLANS FOR THE HOME IMPROVEMENT STORE AND THE CHURCH TODAY. THEY'LL BE COMING, BOTH BE GOING TO THE PLANNING AND ZONING COMMISSION NEXT TUESDAY, PENDING ACTION ON THIS ORDINANCE. >> SURE AND I RESPECT THAT. IT BECOMES A CHICKEN AND EGG ARGUMENT. IS IF WE ARE APPROVING THIS TONIGHT WITH THE WORD CHURCH [00:55:04] THEN I FEEL LIKE WE ARE PAINTING OURSELVES INTO A CORNER WHERE NOW WE HAVE CHURCH. WE ARE GOING TO COME BACK AND AMEND THIS AGAIN. I GUESS WHEN THE ZONING ORIGINALLY CAME IN IT WAS DONE ARTFULLY. SAID LARGE FORMAT HOME IMPROVEMENTS WERE PICKED THAT ONE COULD HAVE BEEN BLUE. IT COULD HAVE BEEN ORANGE. IT COULD HAVE BEEN SEVERAL OTHER COLORS THAT TWO LARGE FORMAT HOME IMPROVEMENT STORES. DIDN'T SAY LOWE'S. WE'VE GOT ONE OF THOSE ACROSS THE STREET FROM US. AND THAT'S WHERE I AM STRUGGLING A LITTLE BIT. YOU'RE SAYING WHAT USED TO BE MEDICAL OFFICES AND HOTELS AND FLEX RETAIL SPACE. THAT'S WIDE OPEN. NOW WE ARE SAYING NOW THERE'S ONE THING THAT CAN GO IN THERE AND I FEEL LIKE WE ARE DOING THAT AT AN INAPPROPRIATE TIME BECAUSE WE HAVEN'T VETTED THE DOWNSTREAM STUFF YOU'RE SAYING IT'S ON THE NEXT FEW SO IF WE WANT TO CALL THAT AND SAY YOU CAN HAVE A LARGE FORMAT BUILDING HERE OF X NUMBER OF SQUARE FEET, OKAY GREAT HERE IT CAN BE A MOVIE THEATER. IT COULD BE PRIVATE SCHOOL. COULD IT BE BOWLING ALLEY. INDOOR GO-KART FACILITY. I DON'T KNOW BUT I THINK WE ARE UNNECESSARILY LIMITING POTENTIAL USAGE OF THE PROPERTY TONIGHT. >> ONE THING I. JUST WANT TO SAY REAL QUICK IN FACT WE CAN'T LEGALLY PRECLUDE A CHURCH FROM ANY ZONING DISTRICT. BUT TO YOUR POINT WE COULD STRIKE THE WORD CHURCH ON THE PLAN. I DON'T THINK THAT WOULD HURT ANYTHING, AND I BELIEVE AND PLEASE CORRECT ME IF I'M WRONG EVERYBODY, I THINK THE SITE PLAN IS THE ONLY PLACE THAT REFERENCES THAT CHURCH HERE SO I. THINK THAT MIGHT SOLVE THE PROBLEM LET ME STRIKE THAT AND THEN TO MARIAN'S POINT IF THAT GETS APPROVED THEN IT'S A CHURCH LEGALLY SO TO YOUR POINT THE CART IS RUNNING FOR THE HORSE A LITTLE BIT. >> THAT'S MY DEAL IS IF A CHURCH IS GOING TO COME IN WITH A DETAILED SITE PLAN ALL OF THAT WILL RUN THROUGH PNZ THEN WE WILL HAVE THAT CONVERSATION AT THE APPROPRIATE TIME HERE WHAT I SEE BEFORE ME IS DEVELOPERS SAYING, HEY, I DID HAVE SMALLER UNITS HERE BUT I WANT TO AMASS INTO A LARGER FOOTPRINT IN A. AND THEN THEY CAN COME BACK AND RUN THROUGH THE TRAPS ON WHETHER THAT SPECIFIC USE SITE ELEVATION IS GOING TO GET APPROVED OR DENIED. SO THAT WOULD BE MY ADVOCACY POINT AT THIS TIME IS TO STRIKE CHURCH FROM THE SITE PLAN AND LEAVE IT AS A LARGER FOOTPRINT INSTEAD OF MULTIPLE SMALLER. >> WITH THE CURRENT ON IT WITH THE HOTEL SHAPED BUILDINGS THE CHURCH COULD GO IN HOTEL SHAPED BUILDING. >> IN MY OPINION WHAT WE ARE BEING ASKED TO APPROVE TONIGHT IS MULTIPLE FORMAT FOR THAT MODULE INSIDE OF THIS DEVELOPMENT VERSUS A SINGLE LARGER AND I DON'T WANT TO INADVERTENTLY APPROVE USE THAT HASN'T COME BEFORE US IN THAT PROCESS PURELY. >> YOU KIND OF ASKED WHEN I WAS ABOUT TO ASK. IN THE CURRENT PD THE WAY IT'S AT, WITH ALL THE CHANGES, WHERE THE HOTEL SITES ARE IF THEY WANTED TO PULL A PERMIT TOMORROW TO BUILD A CHURCH THEY WOULD STILL HAVE TO SUBMIT DETAILED SITE PLAN FOR THAT LOT SO WE THEORETICALLY DON'T EVEN HAVE TO CHANGE THAT CORNER. THEY WOULD HAVE JUST BROUGHT A DETAILED SITE PLAN TO BEGIN WITH ON A SMALLER LOT HERE BUT BECAUSE YOU ALREADY KNOW THE END USER IS I'M ASSUMING AS WELL WE'RE GOING AHEAD AND CHANGING THAT TO WHAT IT IS, BUT I DO AGREE WITH ROSS. I DON'T KNOW IF PROACTIVELY CHANGING THAT OR MAYBE I DON'T WANT TO ARGUE FOR YOU BUT IF CHANGING THAT NOW MAKES SENSE AND WE CAN LEAVE THAT WHOLE CORNER EXACTLY WHAT IT IS AND THEY CAN JUST COME BACK WITH THAT USE AND DETAILED SITE PLAN. >> DOES ANYBODY KNOW IF THE BOUNDARIES HAVE CHANGED ON LOT TEN FROM THE ORIGINAL? >> WITH THE BOUNDARIES EVEN CHANGED FROM THE ORIGINAL TO THIS AT ALL. I'VE BEEN IN THIS BUSINESS FOR A LONG TIME, I DON'T KNOW IF THAT'S GOING TO BE WHAT IT'S GOING TO BE I'M SURE THEY STILL HAVE A WHOLE LOT OF PROCESSES AND I'M SURE THAT THEY ARE GOING THROUGH IS WHETHER OR NOT THERE WILL BE THE ONES WHO MAY COME BACK FOR US OF HAVING HOTELS OR MEDICAL OR SOME OTHER KINDS OF THINGS. IF THIS PARTICULAR ONE DOESN'T [01:00:01] COME IN. THAT'S STILL THE SAME SHAPE, SAME SIZE. >> YES, AND TWO THE SITE ON LOT TEN, THEY CAME IN ORIGINALLY AND DIDN'T DIDN'T MATCH THE CONCEPT PLAN, AND SO WE HAD BEEN WORKING WITH MR. THOMPSON AND THE POTENTIAL USER THROUGHOUT THE PROCESS OF WHICH IS BETTER. DO WE TAKE THE SITE PLAN THAT DOESN'T MATCH THE CONCEPT PLAN FIRST AND DO A PD AMENDMENT TO CHANGE THE LAND USES AND ONLY FOR THAT INDIVIDUAL SITE, OR KNOWING THAT MR. THOMPSON HAD TO COME BACK THROUGH TO AMEND THE AMENITY AREA. WE HAVE KIND OF BEEN GOING BACK AND FORTH ON WHICH MAKES SENSE AND WHICH IS A CLEANER APPLICATION OF NOT JUST YOUR TIME, OUR TIME AND THE APPLICANT'S TIME AS TO WHICH PATH MADE THE MOST SENSE, AND SO IN ALL FAIRNESS, EVERYBODY'S WORKED TOGETHER THE END USERS ARE VERY HEAVILY INVOLVED AND THE REWRITING OF THE PD AMENDMENT TO MAKE SURE ALL OF IT END USERS THAT WE KNOW ARE COMING FORWARD AND ALL OF THEIR NEEDS MET THROUGH THE ONE ORDINANCE SO THEY COULD HAVE SITE PLANS COME BEFORE YOU WITHOUT HAVING TO IMMEDIATELY AMEND THE ORDINANCE AGAIN IF YOU CAN SO THAT'S WHAT WE ARE KIND OF TRYING TO BALANCE, IS HAVING ONE SET OF RULES FOR EVERYBODY TO FOLLOW THAT EVERYBODY KIND OF, THIS IS WHAT WE ARE MOVING FORWARD WITH. IF YOU CAN'T ADHERE TO THAT WHAT DO WE NEED TO ADD TO THIS ORDINANCE TO MAKE SURE THAT WE'VE COVERED EVERYTHING THAT YOU NEED PLEASE BE NEXT TO ONE OF THE OTHER QUESTIONS I HAD WAS IN THE ORIGINAL PD EVERY PARCEL BUILDING HAD TO BE OLD TOWN THEMED OTHER THAN THE LARGE FORMAT RETAIL STORE. SO IN THIS ONE BECAUSE OF THE CHANGE AND I AM ASSUMING THE CHURCH IS OVER 20,000 SQUARE FEET NOW THE CHURCH AND LARGE FORMAT RETAIL STORE BOTH DON'T HAVE TO MEET SO WE ARE GOING TO HAVE A DEVELOPMENT WITH TWO DIFFERENT THEMES. >> SO BOTH HAVE BEEN WORKING HARD. AND YOU'VE SEEN BOTH OF THEM AT WORKSHOPS, AND THEY'VE GONE BACK AND TAKEN THE FEEDBACK ABOUT THE OLD TOWN AND HAVE INCORPORATED A LOT OF THE ELEMENTS OF OLD TOWN WITHIN THOSE TWO PROJECTS. AND SO WE ARE WORKING TO GET THEM TO KIND OF MATCH IT. EVEN THOUGH THEY ARE LARGER SCALE. >> YEAH, BUT RESPECTFULLY ONCE WE APPROVE THIS ASSUMING IT GETS APPROVED WHAT THEY PROMISED AND WHAT COMES TO US IN REALITY COULD BE TWO DIFFERENT THINGS BECAUSE THEY ARE NOT NOW LEGALLY OBLIGATED TO DO THAT ANYMORE. >> THEY STILL HAVE TO BECOME WITH THEIR DETAILED SITE PLAN. >> BUT THEY DON'T HAVE TO MATCH THE THEME OF THE REST OF THE DEVELOPMENT. >> OKAY. >> I'M NOT DEBATING BECAUSE THEY DON'T HAVE TO MATCH THE REST OF THE DEVELOPMENT. >> YES. AND THAT WAS ONE OF THE OTHER PARTS OF THE DISCUSSION OF, DO WE TAKE IT BY ITSELF AND AMEND IT FOR THE ONE LOT VERSUS LOOKING AT THE DEVELOPMENT AS A HOLE. >> I WILL SAY THIS AND LET SOMEBODY ELSE GO. WE'VE HAD WORKSHOPS ON THIS BUT THEY WERE LIMITED TO A CERTAIN AREAS AND WE COULDN'T ASK SOME OF THESE QUESTIONS. SO IT'S NOT THAT I DON'T REMEMBER THAT WE'VE TALKED ABOUT THIS. I AM JUST ASKING, THIS IS WHAT WE ARE ASKING FOR. THAT ALLUDES TO SOME OF MY QUESTIONS. I WILL SHIFT MORE TO THE DEVELOPMENT REGULATIONS WRITTEN INTO THE ORDINANCE. I'M LOOKING MORE AT SECTION 8. YOU HAVE SPECIFIC ON THE HOME IMPROVEMENT STORE YOU GOT SPECIFICS ON TRAILER DISPLAY TRUCK EQUIPMENT RENTALS, SEASONAL, TWO QUESTIONS ON THAT COMPONENT. DOES THAT MATCH THE LANGUAGE IN THE APPROPRIATE LOCATIONS WE COMMUNICATED TO THE OTHER HOME IMPROVEMENT STORE THAT'S IN THE REGION INCLUDE THAT'S MY FIRST QUESTION. >> ♪ ♪ IMPROVEMENT STORE LANGUAGE MIRRORS THE OTHER HOME IMPROVEMENT STORE LANGUAGE FOR PLANNED DEVELOPMENT ACROSS 67. >> MY THOUGHT GOES ARE WE IN A SENSE DOING THAT A LITTLE BIT AHEAD OF WHERE WE SHOULD BE? BECAUSE THAT SHOULD FALL INTO THE SITES PLAN. DOES THAT MAKE SENSE? >> WE ARE PUTTING REGULATIONS INTO THE PD AMENDMENT. AND THE SITE PLAN WILL HAVE TO ADHERE TO ALL OF THOSE REQUIREMENTS SO THEN WHAT YOU'LL [01:05:03] BE REVIEWING IS TO ENSURE NOT ONLY DO THEY MEET ALL OF THOSE REGULATIONS, BUT THEN YOU WOULD BE APPROVING THEIR LANDSCAPE, SIGNAGE AND ELEVATION. >> ON THE SIGNAGE BEFORE I STOP TALKING, 15 AND A HALF FEET SINGLE TENANT MONUMENT SIGNAGE. AS I LOOK AT THE ENTIRE STRETCH OF OLD TOWN GOING UP, DOES THAT MATCH WHAT WE'VE DONE FOR THE OTHER DEVELOPMENTS, WALMARTS? >> YES. IN FACT THE SIGNS ON THE SITE ARE ACTUALLY SMALLER THAN ALL OF THE SIGNS IN THE AREA JUST BECAUSE THE WALMART SIGN HAS MULTI-TENANT MONUMENT SIGNS, AND THEN THE DEVELOPMENT ACROSS 67 HAS TWO PYLONS AND THEY ALSO HAVE ADDITIONAL MONUMENT SIGNS. BUT THEIR PYLON SIGN ON BOTH OF THE PYLON SIGNS, ARE SIGNIFICANTLY HIGHER AND TALLER. >> THANK YOU FOR SURE. >> I WOULD LIKE AN EXPLANATION OF TRAFFIC FLOW INTO AND OUT OF DEVELOPMENT SPECIFICALLY MAIN STREET. >> OKAY. >> ARE THESE RIDE IN AND OUT ONLY STREETS? >> THERE WE GO. SO YOU HAVE A SIGNAL LIGHT HERE. THIS IS THERE IS A STRIPED MEDIAN HERE IT IS STRIPED NOT PAVED MEDIAN TODAY. AN YOU CAN GO ARE FULL ACCESS IN AND OUT AT THIS ENTRANCE AND THIS IS GOING TO BE AT THE SIGNAL. ONCE WE ARE STILL WORKING THROUGH THIS INTERSECTION HERE THAT IS SHARED WITH THE FIRE STATION. SO THAT WE DON'T HAVE THE LEFT MOVEMENTS YOU KNOW THE FEEDBACK WE'VE HAD CONGESTION DOWN THERE ON MAIN STREET. UNDERSTAND SIGNAL LIGHT BUT I THINK THE OTHERS SHOULD GO IN AND OUT BECAUSE THAT'S GOING TO BE VERY CONGESTED AREA. AND ONLY GET WORSE. MY QUESTION AS I LOOK AT WHAT YOU'VE GOT IN FRONT OF US RIGHT HERE, ARE WE PREEMPTIVELY APPROVING WHAT IS THE WORK THAT'S BEING DONE TO FIGURE OUT SHARING OF THE FIRE STATION ACCESS WITH THIS PARTICULAR ORDINANCE IN FRONT OF US TONIGHT OR IS THAT COMING IN THE ORIGINAL? >> THAT'S COMING IN WITH THE SITE PLAN FOR THAT LOCATION. BUT AS FAR AS THAT DRIVEWAY, THEY ARE LOOKING AT IT FOR BOTH THE BEST FUNCTIONALITY FOR BOTH THE FIRE STATION AND HOME IMPROVEMENT STORE. IN THAT WAY BECAUSE THE PLAN IS FOR THIS TO ONLY SERVE TRUCK TRAFFIC, DO NOT REALLY HAVE VEHICLE MOVEMENTS BACK HERE THEY'RE KIND OF THE TRUCKS WILL COME IN AND OUT THROUGH THE SIGNAL. >> ANY ALTERATION OF THE APPROVED SITE PLAN BEING REQUESTED TONIGHT? >> IT MATCHES IDENTICALLY WITH THAT. CAN YOU SHOW COMPARE AND CONTRAST SLIDE THAT SHOWED THE ORIGINAL SITE PLAN AND THE SITE PLAN? THE QUESTION WAS ASKED EARLIER ARE THE BOUNDARIES OF LOT TEN THE SAME AS BOUNDARIES OF LOT TEN IN THE ORIGINAL SITE PLAN 1011 AND 12. SO LOT TEN HAS SIGNIFICANTLY EXPANDED TO REPLACE AT LEAST LOTS 11 AND 12, AND A PORTION OF WHAT IS SHOWN AS MEDICAL OFFICE BUILDINGS THAT ARE ON THE OTHER SIDE OF THAT LINE. I KNOW SOME OF THAT WAS SUBSUMED INTO THE COMMON AREA LIKE IN THE MIDDLE JACKFRUIT TO HAVE THE PEDESTRIAN MOBILITY AROUND THE WHOLE THING. BUT I THINK IT'S IMPORTANT TO NOTE LOT TEN HAS SUBSTANTIAL ROOM AS HAS THE FOOTPRINT OF THE BUILDING ON THAT LOT TEN AND THAT'S REALLY IN MY OPINION WHAT WE ARE BEING ASKED TO APPROVE TONIGHT, IS THE MOST SIGNIFICANT CHANGE TO THE SITE PLAN. AND THAT'S WHERE I'M COMING FROM, SAYING IF WE WANT TO CHANGE THIS FROM THREE TO FOUR LOTS THAT HAVE TWO HOTELS TECH FLEX AND MEDICAL OFFICE SPACE AND SAY, HEY, NOW MAKE THIS A LARGE FORMAT BUILDING ON ONE LARGE LOT I AM PERFECTLY FINE WITH THAT HERE I AM NOT FINE WITH INDICATING WHAT THE USE OF THAT IS UNTIL WE HAVE THAT CONVERSATION AT A LATER DATE. SO I JUST WANTED TO CLARIFY BECAUSE THE QUESTION WAS ASKED AND ANSWERED IS LOT TEN STILL THE SAME SIZE AND THE ANSWER IS NO KICKS OFF APPROVED PRELIMINARY PLAN IS NOT IN CONFORMANCE WITH THE CURRENT [01:10:01] SITE PLAN ATTACHED TO THE DEE WHY DID WE APPROVE THE PLAN? >> BECAUSE THE PRELIMINARY PLOT SHOWED A SIMILAR LAYOUT. HOWEVER, THE DIFFERENCE THAT'S WHY WE ARE HERE IS THAT THEY STILL SHOWED THE LOT AREAS INCLUDING THE POND SIMILAR TO THIS LIKE THIS CONFIGURATION HERE SO THE LOT LINES MATCHED UP WITH THE LOT LINES. >> PRELIMINARY CONFORMS TO THE CURRENT APPROVED PD 179 AND NOT PROPOSED CONCEPT. >> YES. BECAUSE THE CHANGES TO THE PRELIMINARY AS FAR AS AMENITIES WERE LAID OUT WHEN YOU OVERLAY ON THE LOT LINES, THE BOUNDARIES DO MATCH UP. AND SO WE HAVE THIS LOT LINE HERE THE POND IS ACTUALLY COMING LIKE THIS, SO THIS THESE GOT ABSORBED INTO THE AMENITY AREA. >> HOW MANY LOTS ARE IN THE SOUTHWEST BOUNDARY LINE IN THE APPROVED FOR THE PLANNED? >> SOUTHWEST BOUNDARY THEY MADE IT ALL INTO ONE. SO YOU CAN HAVE FEWER LOTS. HOWEVER, YOU CAN HAVE MULTIPLE COMMERCIAL BUILDINGS ON ONE LOT IF. >> I'M JUST SAYING AGAIN CHICKEN AND EGG CART BEFORE THE HORSE SITUATION HERE, DO YOU HAVE AN APPROVED CONCEPT PLAN. NO APPARENTLY YOU HAVE APPROVED PRELIMINARY PLAN THAT I FEEL FROM MY PERSPECTIVE IS NOT IN CONFORMANCE WITH THE ZONING ON THE PROPERTY HERE WHICH I HAVE CHALLENGES WITH THAT BECAUSE PRELIMINARY PLANNING IS MINISTERIAL ONCE YOU ENTITLE THE PROPERTY, BUT NOW WE ARE INCONGRUENT AND COMING BACK AND SAYING WE WANT TO DO THIS AND TELL YOU WHAT THE USE IS. I'M FINE WITH ONE PART OF THAT. THE SECOND PART SHOULD BE SUBSEQUENT CONVERSATION. COUNCIL MAY DISAGREE. >> I THINK I HAVE A FOLLOW UP TO WHAT YOU ASKED. I MUST NOT BE FOLLOWING. WHEN I LOOKED AT THE ORIGINAL PLAN THOSE MEDICAL OFFICES AROUND THE SAME LOT AS THE POND IDENTIFIED AS LOT FIVE. AND THEN IT GOES 12, 11, AND TEN. AND I SEE THE SURVEY LINES ON THIS SITE PLAN THAT IDENTIFIES THEM ON THEIR SIZES. BUT YOU WERE SAYING IT WAS ALL ONE LOT. THAT'S NOT WHAT IS IN MY PACKET. SO I AM NOT UNDERSTANDING HOW THE PRELIMINARY WAS APPROVED WITH IT BEING ONE LOT. >> I'M NOT SURE. I CAN'T ANSWER DIRECTLY BUT -- >> EXHIBIT B. BY THE WAY IS WHAT I'M LOOKING AT. >> I HAVE THAT AS WELL BUT I THINK PRELIMINARY WILL LAY OUT PUBLIC INFRASTRUCTURE FOR THE MOST PART IF NOT NECESSARILY PRIVATE. FOR ONE I DON'T KNOW HOW MUCH PUBLIC INFRASTRUCTURE IS WITHIN THIS DEVELOPMENT. I CAN'T ANSWER THAT FOR I HAVEN'T LOOKED AT THE CIVIL PLANS. SO I THINK THAT IS ONE REASON WHY THAT COULD HAVE BEEN APPROVED BASED ON THE FACT THAT THERE'S NO PUBLIC INFRASTRUCTURE IF THE LOT LINES, YOU WILL PROBABLY KNOW MORE ABOUT THIS THAN I BUT I DON'T KNOW THAT THE LOT LINES AT A PRELIMINARY PLOT ARE NECESSARILY DETAILED OUT UNTIL THOSE THINGS ARE SOLD POSSIBLY IN THE FINAL PLOT. SO PRELIMINARY COMES IN, CIVIL DRAWINGS COME IN AND THEY ARE ADDRESSED FOR PUBLIC INFRASTRUCTURE ONLY. NO PRIVATE INFRASTRUCTURE. AND THEN FINAL WILL COME IN WITH FINAL PLOT LINES BASED ON ENTITLEMENTS IF THINGS DO CHANGE HERE AND THERE TO I'M NOT SURE WHERE THE ACCESS EASEMENTS ARE ON PRELIMINARY. THAT'S WHAT I LOOK AT ON THE PUBLIC INFRASTRUCTURE THAT'S WHAT I LOOK AT ON PRELIMINARY MORE THAN ANYTHING. BUT I CAN'T SPEAK CONFIDENTLY TO WHAT THE PRELIMINARY LAID OUT ON THAT OVERALL SITE. >> RICHARD DID YOU HAVE MORE? >> I DIDN'T SEEM TO GET ANY RESPONSE. JUST DOWN THE ROAD I'M CONCERNED ABOUT TRAFFIC ON MAIN STREET HERE THE FEEDBACK WE HAVE BEEN GIVEN -- >> IF YOU ARE ASKING COUNCIL, MY POINT OF VIEW IS, IS THE SAME ACCESS THAT WAS APPROVED ON THE PREVIOUS PD EVEN THOUGH I WILL SAY I DON'T LIKE THE NEW SOUTHWEST CORNER, THAT IS LESS [01:15:02] USES THAN THE PREVIOUS PD HAD THEY'VE LOWERED THE AMOUNT OF USES THEY WERE GOING TO HAVE IN THIS WHOLE DEVELOPMENT SO ARGUMENTATIVELY THEY ARE GOING TO HAVE LESS TRAFFIC THAN THEY WERE GOING TO IN THE ORIGINAL PD. TRAFFIC HAS TO GO UP HERE. >> I DON'T DISAGREE WITH YOU AT ALL IF YOU'RE I. THINK THE CHALLENGE IS THAT WEST MAIN STREET IS STILL DESIGNATED AS BUSINESS SO FOR US TO AMEND OR CHANGE THE BANDWIDTH OF THAT FACILITY WOULD REQUIRE PARTICIPATION IF YOU'RE CURRENTLY DOES NOT HAVE A RAISED MEDIAN. AND SO MY CHALLENGE IS WHEN WE START, WHEN YOU REGULATE RIGHT IN RIGHT OUT WITHOUT A RAISED MEDIAN I FEEL THAT IT CREATES AN EVEN GREATER SAFETY HAZARD BECAUSE PEOPLE WILL DISOBEY IT. AT THEIR CONVENIENCE, AND YOU HAVE MOTORISTS THAT ARE TRAVELING THROUGH TWO LANES OF TRAFFIC THAT ARE EXPECTING A RIGHT HAND MOVEMENT FOR A VEHICLE BUT THERE'S NO PHYSICAL BARRIER TO RECRUITING LEFT HAND MOVEMENT SO THEY WILL MAKE THAT WHEN YOU HAVE UNAWARE MOTORISTS. SO I AGREE BUT I THINK RIGHT IN RIGHT OUT IS APPROPRIATE. BUT I DON'T THINK IT'S APPROPRIATE UNTIL SUCH TIME AS WE CAN GET TEX-DOT TO CONSENT AND AGREE TO A RAISED MEDIAN. >> DID YOU CONSTRUCT THE ENTRY POINTS IN A WAY YOU CAN PHYSICALLY MAKE THAT ENTRY BUT THE BARRIER IS THERE. >> YOU CAN ATTEMPT TO. BUT I THINK IF YOU TALK TO ENGINEERING AND YOU CAN PROBABLY PROVIDE RESOURCES WHERE THAT'S BEEN TRIED IN VARIOUS PLACES NOT JUST WITHIN OUR MUNICIPALITY, AND WHEN YOU DO NOT HAVE A PHYSICAL BARRIER IT BLOCKS THE HATCHIE HIGHWAY 77 RUNNING THROUGH THERE. UNTIL THEY WENT IN AND BUILT PHYSICAL RAISED MEDIANS PEOPLE DID WHATEVER THEY WANTED TO DO BECAUSE THERE WAS NOTHING AS AN ACTUAL OBSTACLE IN THE MIDDLE OF THE ROAD TO. >> SAME WITH IF YOU'VE SEEN THE LITTLE METAL PYLONS THEY PUT UP ON INTERIM BASIS BEFORE THEY PUT THE RAISED MEDIAN. PEOPLE KNOCK THEM DOWN TO GO THROUGH THOSE AS WELL. >> EASIER TO DEAL WITH THE PROBLEM NOW THAN LATER. THESE ARE GOOD EXAMPLES. AND I HATE TO SAY IT BUT PUT SOME BARRIERS UP. [BOOS] I DON'T DISAGREE. WE ARE DEFINITELY KICKING THE CAN DOWN THE ROAD HERE BUT I THINK IT'S LOOKING AT IT FROM THE VEHICLE OF WHAT DO WE HAVE CONTROL OF AND WHAT CAN WE ASK PERMISSION FOR. I KNOW WE COULD PROBABLY GET SOME INTELLIGENCE FROM OUR FRIENDS IN LOXAHATCHEE OR CLYDE. I DON'T KNOW IF THAT'S WHEN YOU WERE IN LOXAHATCHEE. MY UNDERSTANDING THAT'S NOT A QUICK AND EASY PROCESS BECAUSE TEX-DOT HAS A VERY OVERARCHING THEME OF WE DON'T WANT TO REDUCE THE FLOW OF TRAFFIC ALONG THE TEX-DOT ROADWAY AND RAISE MEDIANS DO THAT TO A CERTAIN DEGREE. UNLESS YOU CAN PROVE IT WILL INCREASE THE FLOW BECAUSE IT CREATES YOU TURN MANEUVERS AND CROSS TRACK MANEUVERS THAT ARE SLOWING THE TRAFFIC DOWN. >> KROGER IS AN EXCELLENT EXAMPLE OF WHERE THE RIGHT OUT -- RIDE IN RIDE OUT DOESN'T WORK BECAUSE WE HAD THEM BUILT THAT WAY AND IT DIDN'T KEEP ANYBODY FROM TRYING TO TAKE A LEFT UNTIL WE PUT THE RAISED MEDIAN. ESPECIALLY WHEN YOU HAVE THAT MUCH OF A RIGHT OF WAY I BELIEVE IT'S AT LEAST 100 FEET ON MAIN STREET HERE PEOPLE ARE JUST GOING TO TAKE A WIDE SWEEPING LEFT. MEDIANS IN WAXAHACHIE TOOK A WHILE BUT AT THE SAME TIME A LOT MORE CURB GUIDES. YOU HAD PROBABLY 50 CURB CUTS A MILE. IN HERE YOU DON'T HAVE THAT. YOU HAVE LOVES PARK FIRE STATION AND HOME DEPOT THIS DEVELOPMENT WILL HAVE A LIGHT THERE WILL BE A FULL ACCESS DRIVEWAY ON THAT SO I DON'T KNOW IF IT WOULD BE THAT AS DIFFICULT AS WAXAHACHIE PROJECT BECAUSE YOU DON'T HAVE AS MANY PROPERTY OWNERS THAT YOU ARE AFFECTING LESS BUSINESSES FOR SURE BUT THAT'S THE ONLY WAY YOU WILL EVER KEEP PEOPLE FROM TAKING A LEFT ONTO THAT STREET [01:20:03] ON A RAISED MEDIAN. >> YEAH, I JUST HAVE ONE QUESTION AND ONE COMMENT AND WHATEVER. I DIDN'T REALIZE UNTIL I MADE A COMMENT EARLIER THAT THE HOME DEPOT HAS THE SAME RESTRICTIONS THAT THE LOWE'S HAD. I GUESS I DID NOT RECOGNIZE T THAT. MY COMMENT OR QUESTION IS WHEN STARING AT DEVELOPMENTS ESPECIALLY THAT WANT TO BE AMENDED IT'S ALWAYS A BALANCE OF IS ANY PRODUCT BETTER THAN A PRODUCT I ALREADY HAVE I'M TRYING TO WEIGH THAT LO LOOK I. WOULD ARGUE THE ENTIRE EAST SIDE OF THE PROPERTY IS A BETTER PRODUCT THAN THE PRODUCT WE ALREADY HAVE, THE 1I STRUGGLE WITH IS THE SOUTH PORTION. I AM NOT SAYING THAT WE NEED TO REGULATE CHURCHES AND I UNDERSTAND THEY CAN GO WHEREVER THEY WANT TO GO AND THAT'S FINE BUT WHEN IT COMES TO THAT PIECE I AM PUZZLED, IF IT IS NOT BETTER TO LEAVE THAT AS IT CURRENTLY IS ENTITLED AND WHEN THE NET USE COMES FORWARD THEY CAN SUBMIT A DETAILED SITE PLAN WITH THE USE THAT IT'S GOING TO BE, AND WE CAN VOTE ON THAT AT THAT TIME BUT WHICH IS PROBABLY A STEP FURTHER THAN ROS IS WANTING TO IF ROS IS FINE WITH WHAT TEN. HE DOESN'T WANT TO SAY CHURCH. I'M GOING A STEP FURTHER SAYING I'M FINE IF IT ENDS UP BEING A CHURCH AND LOOKS LIKE THAT. I DON'T WANT TO CHANGE IT TONIGHT. I THINK I SHOULD STAY HOW IT'S ORIGINALLY ON THE CONCEPT PLAN AND THEY CAN SUBMIT THEIR SITE PLAN WHEN THEY SUBMIT THEIR PERMIT. SO I DON'T KNOW IF THAT'S A QUESTION OR A COMMENT OR A STATEMENT HERE TAKE IT AS IT IS BUT THAT'S KIND OF MY PREFERENCE IF WE ARE TRYING TO MOVE THE BALL DOWN THE ROAD. >> JUST READING THE COMMENTS ABOUT THE TRAFFIC EGRESS WHERE THE FIRE STATION IS. I'M ASSUMING BY JUST THE LAYOUT OF THIS, THINKING PRIMARILY TRUCKS ISSUES. YOU MADE THE COMMENT EARLIER ABOUT TRYING TO HAVE A WAY OF NOT HAVING OTHER KIND OF TRAVEL OR TRAFFIC GOING THROUGH THAT WAY. NOT KNOWING THE DISTANCES AND HOW WIDE THAT'S GOING TO BE, COMING IN AND OUT IF I CAN SEE, IT'S NOT A RIDE ONLY COMING IN AND OUT, THERE'S GOING TO BE A LOT MORE TRUCK ASPECTS RIGHT THERE AT THAT CORNER RIGHT WHERE THE FIRE TRUCK AT THAT SAME CORNER -- IS THERE ANY DISCUSSION AMONG STAFF ABOUT THAT ASPECT IN TERMS OF TRAFFIC FLOW AND ALL OF THAT AND HOW WIDE AND COMING OUT AND ENOUGH ROOM SHOULD WE. >> YES. RIGHT NOW WE'RE AT 36 FEET WIDE WHICH HAS BEEN DISCUSSED BUT THAT A FIRE DEPARTMENT AND ENGINEERING AND THE CONSULTANTS. >> WE NEED A FIRE TRUCK TO GET TO THE DESTINATION. >> THAT DRIVEWAY IS FOR THE FIRE TRUCKS TO COME INTO THE STATION SO THEY ALL EXIT OVER THERE TO THE WESTERN SIDE OF THAT SO THEY'RE EXITING THE STATION FROM THE WEST AND THE DEVELOPER DID AGREE TO PUT THEIR ENTIRE FIRE LANE ON THEIR PROPERTY. SO IT WILL BE VERY WIDE. >> DO YOU MIND IF I ASK THE FIRE CHIEF IF HE'S COMFORTABLE WITH THAT CAN WE THE DRIVEWAY IN PARTICULAR THAT'S BEING DISCUSSED JUST TO GET YOUR FEEDBACK DALE MACASKILL AND I LIVE IN THE CITY. >> WE ARE TALKING IN PARTICULAR ABOUT THAT INGRESS OF THE TERM FOR TRAFFIC, TRUCK FOR BOTH DELIVERIES AND FIRE TRUCK. DO YOU HAVE ANY CONCERNS ON THAT PARTICULAR COMPONENT? >> OUR INITIAL CONCERN WAS JUST WITH THE ORIGINAL DIMENSIONS WHICH RIGHT NOW IS 20 FEET OR 2. AND WE WERE VERY CONCERNED ABOUT IT AT THAT POINT. THAT'S WHY WE INITIATED THE CONVERSATION TO SEE IF WE COULD WIDEN IT TO 36 FEET. JUST KNOWING THAT WE DON'T HAVE ENOUGH ROCKS TO PROTECT OUR YARD OUT THERE FROM ALL THE TRUCKS [01:25:03] THAT WILL BE DRIVING ACROSS THAT AREA SO WE WANTED A WIDER PLATFORM FOR THEM TO TURN IN AND GET INTO THE BACK OF HOME DEPOT. AS FAR AS THE FRONT OF THE STATION AND OUR ABILITY TO GET OUT OF THE BUILDING, I THINK WE ARE OKAY. I DON'T REALLY SEE UNLESS I AM JUST MISSING SOMETHING, THERE BEING TWO OR THREE OR FOUR TRUCKS QUEUED UP SITTING THERE WAITING TO TURN IN HERE IF THAT IS SOMETHING THAT HAPPENS WE WILL ADDRESS IT HERE BUT THE FLOW ON THE WESTERN OR EASTERN SIDE OF OUR BUILDING IS MAINLY FOR US RETURNING INTO THE STATION AND GOING BACK INTO THE BUILDING IF WE ARE GOING TO PUT SOME MEASURES IN PLACE OUT FRONT. WE ARE WORKING WITH ENGINEERING AND THE STATE. WE WOULD LIKE TO AT LEAST HASH OUT AN AREA OUT IN FRONT OF THE BUILDING THAT INDICATES IT'S A NO PARKING AREA. EVEN TODAY WE GET TRAFFIC THAT STACKS UP IN FRONT OF THE BUILDING IN THAT AREA DEPENDING ON WHAT'S GOING ON AND THE TIME OF DAY. WHEN WE HONK LOUD ENOUGH THEY WILL MOVE. BUT IT HASN'T BEEN AN ISSUE WITH US GETTING OUT OF THE BUILDING. WE HAVE EVEN CONSIDERED A SIGNAL LIGHT THERE TO STOP THE FLOW OF TRAFFIC BUT IT'S KIND OF PROBLEMATIC BECAUSE WE WERE SO CLOSE TO THE INTERSECTION AND THE OTHER SIGNAL LIGHT BUT IN A SHORT, LONG ANSWER THAT I JUST GAVE, THE 36 FEET WE BELIEVE WILL HELP US BETTER THAN OUR CURRENT SITUATION THAT WE HAVE TODAY. >> DO WE HAVE THE ABILITY TO CARVE OUT, EXCEPT THIS AS PRESENTED BUT CARVE OUT LOT TEN CAN WE MIRIAM? OR IS THIS ALL OR NONE SCENARIO? LOT TEN AS IT IS. TEN, 11, 12. IT WOULD BE TEN, 11, 12 AND PART OF LOT FIVE. >> I DON'T KNOW ABOUT THE REST OF THE COUNCIL BUT WE ARE LOOKING AT ANYTHING ELSE, I DON'T WANT THE LANGUAGE OF ANYTHING OVER 20,000 SQUARE FEET IF THEY CAN HAVE OVER LARGE FORMAT RETAIL STORE BUT I WOULD LIKE EVERYTHING ELSE IN THE BUILDING TO BE CONSISTENT. >> ON THAT I THINK THE WAY I AM INTERPRETING THE ORIGINAL ORDINANCE, THE HOTEL AND MOTEL SITES WERE EXCLUDED FROM THAT PROVISION ALSO. >> ANY SINGLE TENANT OVER 20,000 SQUARE FEET. >> AS DEPICTED ON SITE PLAN THAT SAYS NOT LIMITED TO LARGE AND HOTEL MOTEL SITES. IT CALLS TWO OUT. I'M NOT SURE LIKE I DON'T THINK THE ORIGINAL SITE PLAN MAYBE THE TWO HOTEL SITES CONFORM TO THAT EITHER. >> THAT'S CORRECT. >> I GET THAT BUT THERE WAS FOUR OTHER BUILDINGS THAT WERE AROUND THEM THAT ARE NOT THERE ANYMORE SURE OKAY IS THERE ANY MOTIONS ON THE TABLE WE SO WE WOULD HAVE TO BRING IT BACK. I'M WITH YOU. I STRUGGLE WITH THAT SOUTHWEST CORNER. I THINK THERE NEEDS TO BE MORE DIALOG ABOUT IT IN THE CONVERSATION. I KNOW THERE'S A PROJECT IN THE PIPELINE ON THAT LOOK I THINK IT CAN BE HASHED OUT AT THAT POINT. I LIKE THE REST OF IT. I LIKE THE EAST SIDE AND I LIKE THE HOME IMPROVEMENT STORE. I'M WITH THE REST OF IT. I LIKE THE REDESIGNED POND. I THINK THERE'S A LOT TO BE DISCUSSED FROM LOT TEN. WOULD YOU LIKE TO ASK HIM QUESTIONS BECAUSE HE'S HERE? >> I'VE GOT NOTHING AGAINST THE CHURCHES. >> THE PERSON INTERESTED HERE WOULD LIKE THAT. >> I HEAR YOU MY STRUGGLE HAS TO BE WITH CITY ENGAGEMENT AND CITY INFRASTRUCTURE AND ALL THE BIGGER FUTURE AGENDA ITEMS THAT'S GOING TO BE DISCUSSED HERE AND POTENTIALLY NONPROFIT, CITY INVESTED SPACE SO I STRUGGLE IN THAT CORNER AND I KNOW THIS ISN'T THE TIME OR PLACE TO HAVE THAT DISCUSSION HERE I. WILL WITHDRAW MY FURTHER COMMENTS ABOUT IT HERE GYM WE DON'T HAVE A WAY TO TALK ABOUT IT LATER, I WILL MAKE A MOTION TO. >> CAN BE TABLE THIS FOR NOW, REGROUP. YOU HAVE TIME TO ADDRESS THE [01:30:05] AND COME BACK. >> I HAVE A >> I HAVE A MOTION TO DENY, DO I HAVE A SECOND? HEARING NO SECOND. IS THERE A DIFFERENT MOTION? >> MOTION TO TABLE. >> IS THERE A SECOND? MOTION TABLED, SECONDED BY THE MAYOR. PLEASE VOTE. THAT'S A GOOD QUESTION. [INAUDIBLE] TABLE IT INDEFINITELY UNTIL A LATER DATE. TABLING IT LATER TO AN INDEFINITE DATE. MOTION HAS BEEN MADE AND SECONDED, PLEASE VOTE. PASSING 4-2. >> I JUST HAVE A QUICK QUESTION ON THE TABLING, WILL WE BRING IT BACK, DO YOU GUYS WANT TO BRING IT BACK ALL OF THE SITE PLANS AND EVERYTHING TOGETHER, OR -- IF WE CAN GET SOME DIRECTION ON WHAT WE ARE TO BRING BACK. >> PROBABLY WILL HAVE TO CONFIRM -- LET'S TALK ABOUT IT AND SEE WHAT THE BEST APPROACH IS. [2026-218 Consider and act upon renaming Heritage Park located at 234 N. 8th Street to Heritage Plaza in accordance with (Resolution No. 2007-003) the City of Midlothian’s Policy for Naming Parks and Recreational Facilities; Plaques and Markers. ] >> THANK YOU. OKAY MOVING ON TO OUR REGULAR AGENDA ITEM 2026-218, CONSIDER AN ACT UPON RENAMING HERITAGE PARK LOCATED AT 234 NORTH EIGHTH STREET TO HERITAGE PLAZA IN ACCORDANCE WITH THE CITY OF MIDLOTHIAN'S POLICY FOR NAMING OF PARKS AND RECREATION FACILITIES PLAQUES AND MARKERS. >> GOOD EVENING MAYOR AND COUNCIL. I AM HERE THIS EVENING TO DISCUSS THE RENAMING OF HERITAGE PARK TO HERITAGE PLAZA. THERE WAS A DISCUSSION AT A MAY 15TH COUNCIL WORKSHOP ABOUT THE RENAMING OF THIS SITE, AND IT WAS A MAJORITY OF THE COUNCIL DECIDED THAT THEY WERE GOOD WITH AND WANTED TO MOVE FORWARD WITH HERITAGE PLAZA, AND HAVE TAKEN IT TO THE PARK ADVISORY BOARD AND THEY UNANIMOUSLY DECIDED THAT THEY WANTED TO MOVE FORWARD WITH HERITAGE PLAZA, SO WITH THAT I AM BRINGING IT TO YOU FOR YOUR FINAL DECISION. >> THANK YOU. >> AS THE PARKS BOARD CHAIR WOULD YOU LIKE ANYTHING ADDED TO THAT? ANY COMMENTS? >> I THINK THE QUESTION IS, WHAT IS THE DIFFERENCE BETWEEN PARK AND PLAZA? I KNOW YOU HAVE ALL DISCUSSED THAT, PARK, MORE OF A GREEN SPACE, PLACE WITH OPEN AREAS, TREES, GRASS, SPORTS FIELD, MAYBE PLAY A LOT OF SPORTS THERE, WHEREAS PLAZA IS MORE OF AN OPEN AREA OFTEN PAVED, OFTEN SURROUNDED BY BUILDINGS. IT IS OFTEN AT THE CENTER OF THE COMMUNITY, A PLACE WHERE THERE ARE COMMUNITY GATHERINGS, WALKABLE -- FARMER'S MARKET, FESTIVALS, THOSE SORTS OF THINGS. SO THAT IS A PRETTY GOOD DESCRIPTION OF WHAT WE ARE TRYING TO DO WITH THE FACILITY OVER THERE AND IN ACCORDANCE WITH ITEM EIGHT OF THE MAIN POLICY WHICH SAYS THAT THE FACILITY NAMES SHOULD REFLECT THE NATURE AND PURPOSE OF THE FACILITY, THAT'S WHY THE PARKS BOARD IS SUGGESTING WE GO WITH HERITAGE PLAZA. >> THANK YOU. COUNCIL, QUESTIONS TO STAFF OR PARKS BOARD MEMBER? I WILL TAKE A MOTION? >> I DO HAVE A QUESTION, IS THERE ANY KIND OF DATA OR SURVEYS THAT WERE DONE IN THAT AREA, WHETHER THIS QUESTION WAS POSED TO THE GENERAL PUBLIC? DO WE HAVE DATA? >> I DON'T THINK WE EVER ASKED ABOUT THE NAME. >> I MEAN I DID A LITTLE BIT OF RESEARCH ON IT BECAUSE I WAS CURIOUS ON THE DEFINITION OF A PLAZA VERSUS PARK, THEY ARE NOT TOO MUCH BUT PLAZA IMPLIES CIVIC [01:35:06] SPACES, EVENTS, CONCERTS, PLAYGROUNDS LIKE GREEN OPEN SPACES. I DON'T KNOW IF THAT STILL FALLS INTO A PARK, BUT I GUESS I JUST DON'T LIKE CHANGE SO I'M NOT TOO KEEN ON CHANGING IT SO WHATEVER COUNCIL WANTS TO DO. >> RICHARD? >> A QUESTION, WILL IT BE UNDER THE SAME RULES AS A PARK? >> YES, SIR,. >> OKAY. >> CORRECT ME IF I'M WRONG WE WERE ALSO GOING TO MODIFY -- BECAUSE OF THE DIFFERENCE IN THIS LOCATION, SOME OF THE FUNCTIONS. >> IT WOULD BE LIKE THE CURRENT HERITAGE PARK BECAUSE IT IS DOWNTOWN, AS IT DIFFERS FROM -- AS WE GO THROUGH WITH THE DOWNTOWN RULES THAT WE HAVE. >> IT'S DIFFERENT FROM SOME OF OUR OTHER PARKS. >> EXACTLY. YES. AS WE USE IT NOW AS AN EIGHTH STREET AND THINGS OF THAT NATURE WHEREAS OTHER PARKS HAVE MORE STRICT RULES AND THINGS, WITH THIS WE ARE DOWN -- IT IS A CIVIC CENTER OF DOWNTOWN. SO THE COMMERCE IS ALLOWED TO KIND OF JUMP IN THERE, WE CHANGE THE RULES. YES, SIR. YES, SIR. ABSOLUTELY. >> I REALLY DON'T HAVE ANY MOTION TO MOVE PERSONALLY, I DO KNOW TRADITIONALLY, HISTORICALLY IT HAS BEEN CALLED HERITAGE PARK FOR A LONGER TIME. IT IS REALLY THE ONLY KIND OF COMMENT I AM GETTING FROM THOSE WHETHER THEY ARE PRO OR CON CAN I GO TO CHANGING THE NAME CONQUER THE COMMENTS, THE FEEDBACK I HAVE GOTTEN FROM CITIZENS IS IT HAS ALWAYS BEEN HERITAGE PARK, THAT IS HOW I KNOW IT. SO CHANGE, HAVING SOMETHING TO CHANGE, THAT IS THE WAY I GREW UP. AND LIKE I SAID I DON'T HAVE A MOTION. IF WE WERE TO LEAVE IT AS HERITAGE PARK, WE COULD STILL IDENTIFY PLAZA AREAS, EVEN NAMING SEPARATE PLAZA AREAS, SUCH AND THIS PLAZA, THEATER PLAZA OR WHATEVER, THAT WOULD BE THE ONLY OTHER OPTION AVAILABLE IN THIS KIND OF SPACE IT SEEMS TO BE. BUT THAT IS REALLY THE ONLY KIND OF FEEDBACK I AM GETTING, THE HISTORICAL ASPECT, THIS IS HOW I HAVE ALWAYS KNOWN THE AREA. I DON'T REALLY HAVE A MOTION. >> SO I MEAN I -- THE CHAIR OF PARKS BOARD SAID APPROPRIATELY, THEY ARE NAMES THAT SHOULD ALLY WITH THE INTENT AND PURPOSE OF THE FACILITY ITSELF. KIMMEL PARK IS PLAYGROUND, THROWING FRISBEES. I THINK THE DEFINITION OF A PLAZA AND PARK CAN OVERLAP BUT WHEN IT IS REALLY DESIGNED MORE FOR EVENT STYLE GATHERINGS, WHICH IS THE EXACT DESIGN THAT HAS BEEN APPROVED HERE, INCLUDING THE OPTIONAL FOOD TRUCK PART. SO I THINK THAT IT IS APPROPRIATE AS WE EXPAND THIS FROM WHAT WAS A SMALL LINE NEXT TO THE OLD CITY HALL, WITH A VERY IMPORTANT HISTORICAL ARTIFACT IN IT, WITH A SIGN THAT GIVES A NOD BACK TO THE HISTORY THAT WE ARE PRESERVING. THIS IS A BRAND OPPORTUNITY TO INCORPORATE BOTH THE OLD AND THE NEW TOGETHER, AND REALLY DEFINE HOW WE EXPECT FOR THIS PLACE TO BE USED AND UTILIZED AND ENJOYED BY OUR RESIDENTS. LIKE LET'S TAKE THE KIDS TO THE PARK AND THEY SHOW UP AND IT IS A FARMER'S MARKET, THAT'S NOT WHAT YOU ARE EXPECTING AT A PARK OR A SPORTS PARK. I THINK IT IS APPROPRIATE TO RENAME THIS HERITAGE PLAZA, BECAUSE THAT IS WHAT WE AS A COUNCIL HAVE IDENTIFIED AND INTENDED TO BUILD THERE IS A PLAZA. IT IS AN EVENT SPACE, A GATHERING SPACE. IT'S NOT ABOUT SWING SETS AND YOU KNOW, SPORTS. >> WE CURRENTLY HAVE BACK ALLEY PLAZA AND HERITAGE PARK, AND [01:40:03] TYING THE TWO TOGETHER IN ONE PLAZA, ONE BIG PLAZA, I THINK WE SHOULD GO FORWARD WITH THE CHANGE. I KNOW CHANGE IS HARD BUT SOMETIMES IT IS FOR THE BETTER. >> ANY OTHER COMMENTS? MOTION APPROVED, COUNCILOR WEAVER, SECONDED BY COUNCILOR CHESHIER. PLEASE VOTE. ITEM PASSES 4-2. >> THANK YOU MAYOR AND COUNCIL. >> THANK YOU. [2026-219 Consider and act upon the Midlothian Historical Museum Foundational Documents. ] OKAY. MOVING ON TO 2026-219, CONSIDER AND ACT UPON THE MIDLOTHIAN HISTORICAL MUSEUM FOUNDATIONAL DOCUMENTS. >> YES GOOD EVENING COUNCIL. WE ARE HERE TO READ TO YOU THE FOUNDATIONAL DOCUMENTS FOR THE MIDLOTHIAN HISTORICAL MUSEUM. THESE HAVE BEEN UNDER REVIEW BY THE CIVIL ADVISORY BOARD FOR THE LAST COUPLE OF MONTHS SOME NAMES I HAVE TONIGHT WITH ME, VILLAGE RESERVE MUSEUM CONSULTANT AND FROM THE HISTORICAL ADVISORY BOARD, THESE DOCUMENTS OVERSEE THE OFFICIAL POLICIES AND PRACTICES WE NEED TO GET MOVING WITH THE MUSEUM. I KNOW THAT WE KIND OF GAVE YOU A PACKAGE WITHIN A PACKAGE SO IF YOU HAVE ANY QUESTIONS PLEASE LET US KNOW. UP WITH THE POLICIES FOR THE GOVERNMENT'S OVERSIGHT, ACQUISITION, THE ACQUISITION AND, COLLECTIONS AS WELL AS A BASIC STRATEGIC PLAN TO GET US STARTED. GOALS AND OBJECTIVES FOR THE MUSEUM AND A MISSION STATEMENT. >> THANK YOU. ANYBODY WOULD LIKE TO SPEAK? WOULD YOU LIKE TO ADD ANYTHING? [INAUDIBLE] >> NOT A QUESTION BUT JUST PRAISE GOD THANK YOU GUYS FOR PUTTING TOGETHER A WELL THOUGHT OUT, ARTICULATED, BUT NOT TOO WORDY, YOU KNOW? A VERY CLEAR AND TO THE POINT. I THINK IT PAINTS A WONDERFUL PICTURE OF THE INTENT AND PURPOSE AND GOAL OF THIS ENTIRE ENDEAVOR. THANK YOU GUYS FOR YOUR HARD WORK ON THAT. >> I APOLOGIZE I MISSED THE MEETING. >> YES, THIS PAST JUNE 18TH MEETING FOR THE ADVISORY BOARD IT PASSED UNANIMOUSLY. >> QUICK STATEMENT AND THEN A QUESTION, FIRST OF ALL JUST GREAT STUFF TO PRESERVE OUR HISTORY, REALLY CONTINUING THIS, A SHOUT OUT. IT IS REALLY CLEARLY SPELLED OUT THAT WE ARE A NON-COLLECTING INSTITUTION, SO AS YOU THINK ABOUT THE FUNCTION OF THIS, EXHIBIT, STORYTELLING, MORE PROGRAMING SPACE, THAT HISTORY. >> YES, I WOULD SAY BOTH FOR STORYTELLING AND FOR KIND OF A ROTATING LOAN COLLECTION THAT WE WOULD ACQUIRE FROM OTHER PEOPLE WITHIN THE POLICIES OF COURSE, BUT WE DON'T WANT TO TAKE POSSESSION OF ANY ITEMS AS PART OF THESE POLICIES YOU CAN SEE, OUR GOALS IS NOT TO HAVE PERMANENT COLLECTIONS AND JUST TO ROTATE THINGS OUT, THERE WILL BE STORYTELLING COMPONENTS WE LOOKED AT IN REGARDS TO STORIES AROUND INVOKING THEM WE TALKED ABOUT DIFFERENT SCREENS AND TECHNOLOGIES THAT WILL HELP US DO THAT AS PART OF THIS SPACE WHICH WE WILL GET INTO AS WE MOVE INTO THE NEXT COUPLE PHASES. AND IN TERMS OF PROGRAMING WE DO HAVE SOME PROGRAMING IDEAS, I DON'T KNOW IF WE DIVED INTO THAT TOO MUCH YET, BUT IT WILL BE AROUND THE STORYTELLING AND BASIC DISPLAYS OF THINGS WE MANAGE TO ACQUIRE. >> AWESOME, THANK YOU. >> AS THE COUNCIL ADVISOR THE ADVISORY BOARD, ONE THING YOU HAVE DONE THAT IS AMAZING,. [INAUDIBLE] I WHOLEHEARTEDLY SUPPORT THIS, AND I WOULD LOVE TO MAKE A MOTION. >> ANY OTHER COMMENTS? WE WILL TAKE YOUR MOTION. >> MOVING TO PROPOSE THAT WE ACCEPT THIS AS PRESENTED TO COUNCIL. >> THANK YOU. >> SECOND? MOTION MADE BY COUNCILOR RENO, SECONDED BY COUNCILOR SHUFFIELD. PLEASE VOTE. ITEM PASSES 6-0, THANK YOU. OKAY MOVING ON TO 2026-220, [2026-220 Consider and act upon authorizing the City Manager to negotiate and execute a First Amendment to Development Agreement with Midlothian South TRS, Inc. and the City of Midlothian.] CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FIRST AMENDMENT DEVELOPMENT AGREEMENT WITH MIDLOTHIAN SOUTH TRS INC AND THE CITY OF MIDLOTHIAN. >> GOOD EVENING COUNCIL, HOPE YOU ARE DOING WELL. THIS IS A DEVELOPMENT AGREEMENT WE MADE BACK IN 2022. [01:45:04] SO THE CROSSROADS DEVELOPMENT BUILT TWO LANES OF WHAT IS NOW WEST MAIN STREET, AND WE ARE PARTICIPATING WITH THEM FOR THREE TURN LANES AND FOUR MEDIUMS. SO THE THREE ARE AT HOME ZONE, TWO DRIVEWAYS THERE, AND THEN THE ONE TO THE FURTHEST EAST WHICH WILL BE RIGHT ON THE SITE PLAN HERE, IS TSC. WHEN THEY CAME IN AND THEY DEDICATED RIGHT OF WAY FOR WEST MAIN STREET OR OLD FORT WORTH, WE DID AGREE TO PUT IN A CURB CUTTING DRIVEWAY FOR THEM. SO THIS IS -- CAN BE FUNDED OUT OF 2020 TAX NOTE, ROUGH ESTIMATE RIGHT NOW IS $273,000.51, STAFF IS REQUESTING CITY COUNCIL APPROVED THE AMOUNT OF 325000 TO COVER ANY UNFORESEEN EXPENSES IN THIS AREA, AND THE DEVELOPMENT AGREEMENT. WITH THAT I WILL BE HAPPY TO ANSWER ANY QUESTIONS COUNCIL MAY HAVE. >> THANK YOU. ANY QUESTIONS? >> THE 325 WILL ALL COME OUT OF THE TAX NOTE APPROVED? >> YES, SIR,. >> RICHARD? ANY QUESTIONS? >> MOTION? MOTION MADE TO APPROVE AS PRESENTED, SECONDED BY COUNCILOR WEAVER. PLEASE VOTE. ITEM PASSES 6-0, THANKS A LOT. [2026-221 Consider and act upon an ordinance amending the Code of Ordinances by amending Chapter 13 titled “Utilities” by amending Article 13.06 titled “Solid Waste” by amending and restating Sections 13.06.002 through 13.06.005 to reflect changes related to the conversion to automated curbside pickup. ] ITEM 2026-221, CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 13 TITLED UTILITIES BY AMENDING ARTICLE 13.06 TITLED SOLID WASTE BY AMENDING SECTION 13.06.002 THROUGH 13.06.005 TO REFLECT CHANGES TO REFLECT THE CONVERSION TO AUTOMATED CURBSIDE PICKUP. >> THANK YOU. GOOD EVENING MAYOR AND COUNCIL MEMBERS, FOR THOSE IN THE AUDIENCE WATCHING ONLINE, MY NAME IS DORI LEE, ASSISTANT CITY MANAGER. BEFORE YOU THE ITEM TONIGHT IS TO CONSIDER AND ACT UPON THE UPDATED SOLID WASTE ORDINANCE THAT YOU RECENTLY DISCUSSED AT YOUR JUNE 19TH 2026 WORKSHOP. THE ORDINANCE ALIGNS THE SOLID WASTE CONTRACT THAT YOU APPROVED ON APRIL 28TH, 2026, THIS ORDINANCE IS THE NEXT STEP IN PROACTIVELY PREPARING FOR THE NEW PROGRAM, WHICH WILL TAKE EFFECT AUGUST FIRST OF 2026, IT ALSO FOLLOWS A STRONG COMMUNICATION CAMPAIGN THAT COUNCIL DIRECTED STAFF TO INITIATE WITH THE PUBLIC. SO WE WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE REGARDING THIS ORDINANCE AT THIS TIME. >> THANK YOU. COUNCIL HAVE QUESTIONS TO STAFF? I WILL MAKE A MOTION TO APPROVE AS PRESENTED. MOTION MADE BY MYSELF SECONDED BY COUNCILOR SHUFFIELD. PLEASE VOTE. [2026-222 Consider and act upon a recommendation from Midlothian Economic Development to approve the program and expenditures outlined in the Economic Development Performance Agreement with Weber MG Midlothian II, LLC, and Spur 73, LLC for project related infrastructure improvements necessary to promote new or expanded business enterprise.] ITEM PASSES 6-0. >> THANK YOU. >> ITEM 2026-222, CONSIDER AND ACT UPON A RECOMMENDATION FROM MIDLOTHIAN ECONOMIC DEVELOPMENT TO APPROVE THE PROGRAM AND EXPENDITURES OUTLINED IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT WITH WEBER M G. MIDLOTHIAN II, LLC, AND SPUR 73, LLC FOR PROJECT RELATED INFRASTRUCTURE IMPROVEMENTS NECESSARY TO PROMOTE NEW OR EXPANDED BUSINESSES ENTERPRISE. >> GOOD EVENING COUNCIL I COME BEFORE YOU WITH TWO AGREEMENTS, TWO SEPARATE AGREEMENTS WITH THE STRUCTURE BEING SIMILAR. EACH OF THESE ITEMS WENT BEFORE THE ECONOMIC DEVELOPMENT BOARD AT OUR JUNE MEETING AND HAD UNANIMOUS SUPPORT OF 7-0. I WANT TO GIVE A LITTLE BIT OF BACKGROUND, IT HAS BEEN OVER FIVE YEARS SINCE THE MIDLOTHIAN ECONOMIC DEVELOPMENT HAD A STRATEGIC PLAN IN PLACE, ONE OF THE KEY COMPONENTS OF THAT ARE A LIST OF PRIORITIES THAT WE GO AFTER, WE HAVE HAD THE PRIORITIES SHIFT IN DIFFERENT HIERARCHIES OVER THE LAST FEW YEARS. THROUGHOUT THAT ENTIRE TIME WE HAVE HAD THIS DESTINATION DEVELOPMENT, THIS IDEA OF ATTRACTING PLACES FOR OUR RESIDENTS TO BE ABLE TO ENJOY, BUT ALSO TO ATTRACT MORE CUSTOMERS FROM OUTSIDE THE COMMUNITY TO MIDLOTHIAN TO HELP OUR BUSINESSES AS WELL. LAST YEAR AS WE CONDUCTED OUR COMMUNITY SURVEY, THIS PRIORITY WAS OVERWHELMINGLY SUPPORTED BY OUR RESIDENTS. THEY AGREED IN CREATING THESE SPACES. ONE OF THE COMPONENTS OF THIS IS TO IDENTIFY PROJECTS THAT ALSO PROVIDE A POSITIVE FINANCIAL RETURN. AS WITH EACH OF THE PROJECTS THAT WE UNDERTAKE, CREDIT TO [01:50:06] DRILL ON OUR TEAM, THE WORK THAT HE DOES BEFORE GOING THROUGH AND MAKING SURE THESE PROJECTS DO PAY OFF FOR US AS A COMMUNITY THAT WE WILL BENEFIT THE WAY WE PROPOSE. MAYOR IF IT'S OKAY WITH YOU I WANTED TO SHARE A LITTLE BIT OF BACKGROUND AS IT RELATES TO BOTH OF THESE DEVELOPMENTS. THIS INITIATIVE AS WE HAVE GONE OUT AND TRIED TO ATTRACT MORE DESTINATION DEVELOPMENTS INTO THE COMMUNITY, WE HAVE WORKED WITH BOTH NEW DEVELOPERS WORKING IN THE COMMUNITY AND ALSO CURRENTLY WORKING ON PROJECTS. WE HAVE TWO THAT ARE REALLY SIDE BY SIDE ON EACH SIDE OF HIGHWAY 67 IN MIDLOTHIAN. THESE ARE EACH DEVELOPMENTS THAT HAVE APPROVED ZONING FROM COUNCIL. THEY HAVE DIFFERENT COMPONENTS THAT ARE OUTLINED IN THOSE PLANNED DEVELOPMENT DISTRICTS, ZONING DESIGNATIONS THAT ARE OUTLINED SPECIFIC THINGS THEY ARE REQUIRED TO DO. ONE OF THE THINGS WE HAVE NOTICED AS WE TRY TO ATTRACT RESTAURANTS AND RETAIL ENTERTAINMENT USES IS THAT REALLY THESE DEVELOPMENTS ARE TRADITIONAL RETAIL CENTERS, AND NOT THAT DESTINATION DEVELOPMENT TYPE OF ACTIVITY, AREAS WE ARE TRYING TO FIND. SO WE TAKE ANY INPUT FROM THE COMMUNITY SURVEY AND THAT SUPPORT AND ALSO RECOGNIZING THE SUCCESS OUR COMMUNITY HAS HAD, WE LOOKED AT THESE DEVELOPMENTS AND DECIDED, WHAT IF WE TAKE THE FUTURE SALES TAX COLLECTIONS THAT WILL COME FROM THESE DEVELOPMENTS, AND WHAT IF WE REINVEST THEM BACK INTO THESE SPACES TO MAKE BETTER PLACES OUR COMMUNITY IS ASKING FOR. THAT IS THE SECOND THING THAT WE DID, WE SEE THESE AS OPPORTUNITIES TO FURTHER ENHANCE DEVELOPMENTS AND ALSO ATTRACT, BRING ADDITIONAL USERS TO THIS AREA, AS WE WORK WITH OUR EXISTING BUSINESSES, ONE OF THE THINGS THAT WE FIND IS OUR COMMUNITY IS GROWING. WE ARE STILL SMALL WHEN IT COMES TO THE RETAIL NUMBERS THAT A LOT OF OUR RESTAURANTS AND RETAIL USERS NEED. SO TRYING TO FIND WAYS THAT WE CAN HELP BRING CUSTOMERS FROM OUTSIDE OF THE COMMUNITY INTO MIDLOTHIAN. SO WHAT WE ARE DOING IN THE NEXT TWO ITEMS IS WE LAY OUT A GENERAL STRUCTURE TO HELP PUT IN PLACE BUILT AREAS THAT WILL BE NICE AND WILL ATTRACT BOTH OUR RESIDENTS AND ALSO NEIGHBORING CUSTOMERS TO OUR COMMUNITY. IN EACH OF THESE AGREEMENTS WE FOLLOW THIS GENERAL STRUCTURE, WITH A COUPLE OF SLIGHT CHANGES. FIRST THING AND THIS IS WHY WE ARE HERE TODAY, THE APPROVAL OF ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT. HERE WE ARE LOOKING AT FUTURE SALES TAX COLLECTIONS THAT COME WITH THESE PROJECTS, TAKING THAT BACK TO THE DEVELOPERS TO SAY HERE IS SOME POTENTIAL FUNDING THAT COULD BE USED TO MAKE OUR COMMUNITIES BETTER. SECOND THING THAT WILL HAPPEN, LAID OUT IN THE CITY'S AGREEMENTS, RIGHT NOW WE HAVE CONCEPTS. WE HAVE IDEAS, DEVELOPERS AS THEY LOOK TO PARTNER WITH US, BUT THEY ARE JUST CONCEPTS. WE DON'T KNOW WHAT THE HARD COSTS ARE WE DON'T KNOW THE SPECIFIC DETAILS AS THEY STILL NEED TO DO DUE DILIGENCE IN SPECIFIC AREAS. THE AGREEMENT LAYS OUT WITH THE PROCESS WHERE THEY WILL COLLECT THAT INFORMATION AND COME BACK TO US WITH SPECIFICS, SO WE THE COMMUNITY KNOW WHAT WE ARE GETTING. THE LAST PIECE OF THIS IS THE FUNDING ULTIMATELY WILL BE USED TO PAY FOR THE CONSTRUCTION AND MAINTENANCE OF THOSE IMPROVEMENTS BEING CREATED. THAT IS KEY, ONE OF THE THINGS WE HAD INPUT AS WE LOOKED AT AND EVALUATED THIS PROJECT IS THAT A LOT OF TIMES THESE AMENITY CENTERS, THEY CAN CREATE FINANCIAL BURDENS ON THE TENANTS WHO ARE THERE. THEY CREATE NICER AMENITY AREAS, IT CREATES A HIGHER OPERATING EXPENSE FOR BUSINESSES, THAT CAN ULTIMATELY IMPACT THEM. SO WE WANT TO CREATE A WAY THAT WE COULD HAVE THAT AMENITY TO ATTRACT PEOPLE TO OUR COMMUNITY AND HELP BUILD THAT IN THE OVERALL PROJECT. SO THERE ARE TWO PROJECTS FOR ITEM 222, WE ARE LOOKING AT THE MAIN STREET TOWN CROSSING DEVELOPMENT, SPECIFICALLY IN PHASE TWO. SO EVERYTHING THAT WE ARE PROPOSING THIS IS OUR FUTURE ITEMS THAT ARE NOT CURRENTLY BUILT, APPROVALS ARE IN PLACE FOR LARGE RETAIL CENTERS, STILL OTHER MOVING PIECES ASSOCIATED [01:55:01] WITH THAT DEVELOPMENT. AS I MENTIONED WE WORK WITH A DEVELOPER, THEY HAVE A CONCEPT, HERE ARE SOME OF THE IDEAS OF WHAT THEY THINK COULD BE POSSIBLE WITHIN A CREEK AREA THAT LAYS BETWEEN PHASE ONE AND PHASE TWO. SO THE NEXT PIECE, AGAIN WHAT WE ARE HERE TO DISCUSS WITH COUNCIL IS WE ARE LAYING OUT POTENTIAL FUTURE TAX REVENUE THAT COULD BE RECEIVED BASED ON THE PROPOSED DEVELOPMENT WITHIN PHASE TWO OF THIS DEVELOPMENT. SO WE SEE FROM A BIG BOX USER, WE ALLOCATE ROUGHLY ABOUT A $550,000 PER YEAR, IT COULD BE COLLECTED, JUNIOR RINK, 525,000, SMALL RETAIL, BEING 75,000. EACH OF THESE ARE ESTIMATES, AS THEY GO THROUGH AND EVALUATE. WE LOOK AT WHAT THE CENTERS CAN CREATE. THESE ARE ESTIMATES, WE DON'T KNOW BUT AGAIN THESE ARE THINGS THAT WE ARE VERY CONFIDENT, CONFIDENT WE AS A COMMUNITY WILL GET WHAT WE NEED IF THESE BUILDINGS ARE CREATED. THIS PROJECT IS UNIQUE IN THAT THERE IS NO OBLIGATION LAID OUT THAT THE DEVELOPER DO ANYTHING IN THE CREEK. WE ARE WILLING TO PARTICIPATE AS WE ARE ASKING THEM TO PARTNER AND BUILD THESE NICER CENTERS IN OUR COMMUNITY, SO THAT ECONOMIC DEVELOPMENT BOARD IS PROPOSING TO PARTICIPATE WITH $3,150,000 FOR DUE DILIGENCE ITEMS, THAT WILL HELP TO GET THIS -- $350,000 -- THIS HARD COST TO KNOW EXACTLY WHAT WE ARE DOING COMPARED TO THE NEXT POINT IS KEY, AT THIS POINT WE HAVE CONSTRUCTION DRAWINGS AS WE LOOK AT THIS PICTURE UP HERE, THE CONCEPT THAT THEY SHARED, WE ARE ABLE TO LOOK AT THOSE FINAL CONSTRUCTION DRAWINGS, WHAT WILL BE PROPOSED, MAKE SURE IT IS THAT VISION THAT WE ARE BEING SOLD THAT WILL ATTRACT NEW VISITORS AND OUR RESIDENTS WILL BE ABLE TO ENJOY. AT THE POINT OF NUMBER 3 WE HAVE THE ABILITY TO SAY THIS IS SOMETHING THAT WE WANT TO DO OR WE DON'T. IT IS ANOTHER DECISION POINT, WHERE WE HAVE THE ABILITY TO SAY WE ARE NO LONGER WILLING TO PARTICIPATE BECAUSE WE ARE NOT IN ALIGNMENT. I WANT TO MAKE THAT VERY CLEAR. BULLET POINT NUMBER 4 IS AS THIS PROJECT HAS APPROVAL, THEY WILL MOVE FORWARD WITHIN THAT FIRST YEAR. WHATEVER BUILDING HAS A BUILDING PERMIT TO MOVE FORWARD AND THEY HAVE MOBILIZED, THAT MONEY WILL BE USED TO HELP PAY OFF THOSE INFRASTRUCTURE IMPROVEMENTS. IN ADDITION IN THAT FIRST YEAR, THERE WILL ALSO BE $1 MILLION THAT WILL BE SET ASIDE FOR THAT MAINTENANCE. ULTIMATELY AS YOU CONTINUE ON TO THAT AGREEMENT UP TO THE 10-YEAR PERIOD, THE FUTURE REVENUE CREATED AS THOSE BUILDINGS ARE CONSTRUCTED WILL BE USED TO PAY FOR THAT INFRASTRUCTURE IMPROVEMENT. SO AGAIN I WANT TO BE VERY CLEAR, THESE SALES TAX DOLLARS ARE FOR FUTURE GROWTH THAT IS COMING INTO OUR CITY. WE ARE NOT USING EXISTING REVENUE, THIS FUTURE REVENUE WE BELIEVE WILL ONLY BE STRONGER AND ALSO HELP NOT ONLY THE FIRST PHASE BUT ALSO OTHER ADJACENT RETAIL IN THE AREA THAT IT WILL FURTHER HELP EVERYTHING AS WE INVEST INTO THIS AREA. SO WITH THAT WE HAVE PROVIDED THE AGREEMENT WITHIN THE PACKET, ARE THERE ANY QUESTIONS OVER THIS PROJECT THAT I CAN ANSWER? >> COUNCIL? >> I HAVE A FEW. JUST TO CLARIFY, IT IS JUST A PHASE TWO COLLECTIONS CAN I CORRECT? THE THREE TENANTS LISTED THERE -- OKAY. AS I LOOK AT OVER THE 10-YEAR TIME PERIOD, HOW IS THE CITY ENSURING THESE FUNDS ARE BEING SEEN IN ■IMPROVEMENTS? HOW ARE YOU KEEPING TRACK OF THAT? HOW DOES IT SPELL OUT? >> SO WITHIN THE PERFORMANCE AGREEMENT, THERE ARE SPECIFIC REPORTING REQUIREMENTS THAT THE DEVELOPER WILL HAVE TO DO. ONE IS TO BE PAID, SO THEY WILL HAVE AN OBLIGATION TO FUND UPFRONT EACH OF THESE IMPROVEMENTS, BUT THEN AS WE GO TO ACTUALLY PAY FOR THOSE IMPROVEMENTS THERE WILL BE REQUIREMENTS FOR REPORTING. ANOTHER PIECE THAT MAINTAINS TO THAT MAINTENANCE FUND, THOSE ARE DOLLARS THAT THEY HAVE TO REPORT TWICE A YEAR TO MAKE SURE THEY ARE NOT USING THE PRINCIPAL FOR THE MAINTENANCE. SO THIS IS FUNDING THAT HAS THE ABILITY TO CONTINUE FOR A VERY LONG TIME. >> ANOTHER THING, I AM GUESSING THAT CYCLES IN 2.3? [02:00:05] IS THAT CENTRAL PLAN COMING BACK TO COUNCIL? >> AS MD IS THE LEGISLATIVE GROUP, THEY CONTROL THE CONTRACT, SO THEY WILL BE THE ONES THAT ULTIMATELY WILL MAKE THAT ACTION, DECISION. AS ALWAYS, THE ENERGY BOARD HAS EVERY INTENTION OF BEING 100% ALIGNED WITH COUNCIL, AS WE TALKED WITH BOTH DEVELOPERS ON THIS PROJECT THEIR INTENTION IS TO KEEP US UPDATED REGULARLY. SO WE WANT TO MAKE SURE THAT EVERYBODY IS ALL ON THE SAME PAGE PER THE AGREEMENT. >> OKAY, FOR ME I LOOK AT THIS, THIS IS MORE THAN A CREEK OR A POND, IT IS UNIQUE, LOOKING LIKE IT IS CAPTURING, MORE AMPLIFIED AND STUFF LIKE THAT. THIS SORT OF A STRATEGIC DIRECTION MIND-SET NAVIGATING TOWARDS FUTURE LOCATIONS, OR SOMETHING THAT YOU WILL CONTINUE TO SET THE PRECEDENCE FOR? >> AS WE CAN SEE FROM THIS, THIS IS SOMETHING OUR RESIDENTS HAVE WANTED, WE HAVE TALKED TO THEM. THE COMMUNITY WANTS THIS SO WE HOPE THIS BECOMES A MODEL AND WE HAVE THE ABILITY TO USE IN OTHER AREAS. AND CONTINUES TO MAKE THE COMMUNITY BETTER AND GROW THE WAY WE ARE HEARING THEY WANT TO GROW. >> LAST QUESTION AND I WILL STOP, ON THIS PARTICULAR CREEK COMPONENT, JUST TO GET CLARIFICATION ON THAT ONE, ANY LONG TERM PLANS FOR CONNECTIVITY TO OTHER PROJECTS? AGAIN THE WALKABILITY IN RECENT SURVEYS, I WANT TO MAKE SURE WE ARE PROPOSING THIS PARTICULAR DEVELOPMENT THAT IT IS TIED IN WITH THE BIGGER PICTURE IN THIS CITY. >> WE WOULD LOVE THAT, THE ONLY CONNECTIVITY THAT THIS WILL IMMEDIATELY TIE INTO IS THE TRAIL SYSTEM THEY WANT. THE HOPE AND THE INTENTION AS WE WORK WITH THE DEVELOPER AND THEY GET EXCITED ABOUT THIS AND THE OPPORTUNITY, WE SEE VISION AND OPPORTUNITY TO BE ABLE TO TAKE ADJACENT PROPERTIES AND REDEVELOP TO CONTINUE THIS PROCESS. OUR HOPE IS THAT THIS DOES CREATE A SYSTEM AND OPPORTUNITY TO GROW BECAUSE AS MENTIONED THAT TRAIL CONNECTIVITY IS SOMETHING THAT IS IMPORTANT TO THE COMMUNITY. >> RICHARD? >> I WANT TO GET THIS CLEAR IN MY MIND. IS THIS FOR BOTH OR ONLY ONE? >> JUST FOR THE ONE. THIS PROJECT THAT WE SEE RIGHT HERE, THIS IS WITHIN THE MAIN STREET TOWN CROSSING DEVELOPMENT, AND THIS IS A SECTION THAT YOU SEE BETWEEN PHASE ONE AND PHASE TWO. >> SO OVER A 10-YEAR PERIOD, HOW MUCH MONEY WILL BE PROVIDED? >> PER THE AGREEMENT THE MAXIMUM AMOUNT THAT COULD BE PROVIDED OVER THE ENTIRE AGREEMENT WOULD BE, THE TEN YEARS OF EACH OF THOSE TEN YEARS. >> .1, IS THAT AN ANNUAL THING? >> IT IS AN ANNUAL THING. UP TO TEN YEARS. >> EVERY YEAR FOR TEN YEARS? >> RIGHT. >> SO .4, DOES ANNUAL GRANT OF $1 MILLION. >> THAT IS TAKEN FROM THAT OVERALL -- THE MAXIMUM AMOUNT -- >> NOT ADDITIONAL MONEY? >> CORRECT. >> AND THIS IS BEING PROPOSED FOR BOTH, ONE DEVELOPMENT BUT THE SAME THING BEING PROPOSED? >> CORRECT, WE WILL TALK ABOUT THE NEXT ONE LATER. >> SURE. >> WITH THIS AGREEMENT DOES MAYBE JUST TO WRAP UP THAT IDEA, THIS AGREEMENT TODAY IT SETS THAT AT MAXIMUM AND ALLOCATES ALL OF THOSE DOLLARS SPENT. THE ONLY WAY THE DEVELOPER WOULD RECEIVE ALL OF THE FUNDS IS IF THEY BUILD EVERYTHING. >> MY PROBLEM I TRIED TO SAY BEFORE, ARE THEY GOING TO GIVE US A LIST OF THINGS THEY WILL DO FOR THE MONEY AND WE WILL HAVE TO APPROVE THAT OR YOU WILL APPROVE IT, AND THEY DON'T DO IT, THEY DON'T AGREE? >> CORRECT. >> THANK YOU. >> I WILL GIVE MY GOOD BEFORE THE BAD I GUESS. I WILL SAY THAT, VOICES BEFORE, IF WE DON'T CHANGE SOMETHING OR DO SOMETHING DIFFERENT LIKE EVERY CITY AROUND US WE WILL DEVELOP LIKE THAT. [02:05:01] I APPRECIATE YOU TRYING TO MAKE SURE WE DON'T LOOK LIKE EVERY OTHER COMMERCIAL CITY. CASEY POINTED OUT AND I GUESS I MISUNDERSTOOD IT IN THE PAST, SO THE FINAL CONCEPTS AFTER WE SPEND THE $750,000 ON WHETHER OR NOT WE LIKE WHAT WE SEE FOR THAT 350, APPROVED BY MD ONLY? >> PER THE AGREEMENT, THERE IS NOTHING TO SAY IN THE APPROVAL YOU DON'T SAY WE ALSO WANT TO HAVE APPROVED. >> I MEAN I JUST -- THERE IS SEVEN PEOPLE AND WE ALL DISAGREE, WHAT MIGHT LOOK GOOD NOW THAT THERE'S 14 PEOPLE MIGHT LOOK GOOD TO THOSE SEVEN AND MAY NOT LOOK GOOD TO THE SEVEN THAT SET UP HERE, AND THAT IS NOT A DIG, BUT THAT IS I GUESS MY BIGGEST CONCERN IN ALIGNING THAT THE ELECTED BODY IS THE ONE THAT GETS TO HAVE A SAY, IF WE SPEND $7 MILLION OR NOT ESSENTIALLY THAT IS THE ASK. SEVEN AND A HALF MILLION. IS THE SEVEN AND A HALF MILLION WORTH IT TO THE PEOPLE WHO WERE ELECTED. THAT'S AGAIN NOT A DIG, IT'S JUST PERSONALLY HOW I THINK THE HIERARCHY SHOULD WORK. I COULD BE WRONG IN THAT. BUT -- >> THAT WOULDN'T COME ACROSS NEGATIVELY AT ALL, IT WOULD NOT BE AN ISSUE. >> OTHER THAN THAT I APPRECIATE THE CREATIVITY IT IS A COOL CONCEPT. I JUST HAVE THAT ONE LITTLE POINT. >> I HAVE A QUESTION. WHEN WE REACH AN AGREEMENT, AND THEN ALL OF A SUDDEN WE DECIDE WE ARE NOT GOING TO DO THIS, WHAT IS THE IMPACT? AND WHAT IS THE RECOURSE? OR WHAT WILL THEY NOT DO? >> LOOKING AT THIS DEAL IN A PARTICULAR, THERE IS NO OBLIGATION OF THIS DEVELOPER TO DO ANYTHING. MY HOPE IS THAT THEY WILL MAKE THIS INTO A BETTER PLACE THAT BENEFITS US AS A COMMUNITY. THAT IS THE REASON WE ARE PARTICIPATING WITH THEM, THE DUE DILIGENCE FUNDING. THEY UNDERSTAND AND THEY RECOGNIZE THAT WE MAY SAY NO, WHEN IT COMES TO BULK POINT NUMBER 3, THEY UNDERSTAND THAT. THAT IS VERY CLEARLY OUTLINED IN THE AGREEMENT. I WILL SAY AS WE HAVE HAD CONVERSATIONS WITH THIS DEVELOPER, THEY ARE VERY EXCITED ABOUT THIS THEY SEE THIS AS AN OPPORTUNITY, THEY DID COME FORWARD FOR SITE PLAN APPROVAL OF PHASE TWO. ONE OF THE THINGS YOU SAW THAT CHANGED, THEY HAVE NOW ADDED A BUILDING AND THEY HAVE MOVED YOU KNOW, THEIR BUILDING IS UP TOWARDS THIS AREA. I THINK IRREGARDLESS OF WHATEVER HAPPENS, WE SEE THE BENEFIT OF SOME OF THIS STARTING I THINK TO CLARK'S POINT, ARE WE ABLE TO GET IT ALL THE WAY THERE WITHOUT PARTICIPATING WITH THE FUNDS? >> I UNDERSTAND IF THIS DEVELOPMENT IS ESSENTIAL, I DON'T SEE -- >> RICHARD I KNOW WHERE YOU ARE GOING. IN FACT I HAVE A QUESTION -- I HAVE QUESTIONS ON THAT ONE AS WELL, PROBABLY TAKE IT TO THE EXECUTIVE SESSION. WE WILL STAY ON THIS ONE FOR NOW WE WILL COME BACK TO THAT. >> YEAH. SO LET'S HIGHLIGHT AGAIN, RIGHT NOW THE DEVELOPER HAS THE LAND, ACROSS THE STREET FROM THE CREEK, STAYING THE WAY IT IS. THEY WOULD HAVE A RESPONSIBILITY OBVIOUSLY OF MAINTENANCE, CLEARING OUT THE GROWTH AND PASSAGE AROUND THE CREEK AND THAT SORT OF THING. THIS RIGHT HERE IS SAYING THE CREATIVITY AS POINTED OUT, SOMETHING REALLY NICE, HAVING KIND OF A WALKWAY PARK TYPE, LACK OF A BETTER TERM, RIVERWALK. [LAUGHTER] OR A CREEK WALK. WOULD NOT BE THE SAN ANTONIO RIVER WALK BUT IT WOULD BE A CREEK WALK. THIS IS WHAT WOULD HELP MOT MOTIVATE. SO I LIKE THE CREATIVITY. BUT ALSO I WANT TO ADD THAT IT'S [02:10:01] NOT A PARK IF IT COMES A MAINTENANCE ISSUE THAT WE WOULD HAVE TO BUDGET AND KEEP UP ALL THE MAINTENANCE. WHAT THIS PROPOSAL IS DOING IS SAYING YOU WILL HAVE IT, WE WILL HELP YOU SET UP THIS ACCOUNT, MAKING SURE THAT YOU'RE USING THE INTEREST FROM IT TO KEEP TAKING CARE OF IT, PROVIDING IT, NOT ONLY BUILDING IT BUT TAKING CARE OF IT WHERE IT CONTINUES TO BE NATURALLY A NICE PLACE, WE HAVE SOME INTEREST FUNDS THAT WE CAN PROVIDE THEM WITH KIND OF A PRINCIPLE FOUNDATION, KEEPING MANAGEMENT OR OVERSIGHT OF IT, THEY WILL CONTINUE TO UTILIZE. BUT ALL OF THAT I AM HEARING, WHAT YOU ARE SAYING, THAT IS PART OF WHAT THIS SETTLEMENT IS ABOUT, IS TO HELP WITH THE IMPLICATIONS COMING INTO THE BIG BOX AND THAT WHOLE PHASE TWO DEVELOPMENT. >> CORRECT. THE OTHER PIECE THAT YOU SAID I WANT TO HIGHLIGHT, DEVELOPMENT IS EXPENSIVE. A DEVELOPER BUILDS SOMETHING THEY HAVE TO BE ABLE TO JUSTIFY IT WITH RETURN AND LEASE. THERE ARE PARTICIPATION, THIS GIVES US THE ABILITY TO GET A BETTER PRODUCT. >> ARE WE APPROVING JUST THE 350,000 OR THE WHOLE TERM OF THE AGREEMENT? >> THE ENTIRETY OF THE AGRE AGREEMENT. >> FINAL COMMENTS OR QUESTIONS? >> SO THE 10-YEAR REINVESTMENT COLLECTED ON SITE, LET'S SAY YEAR TWO THE ONLY COLLECT $350,000, THERE IS NO OBLIGATION TO MAKE THAT NUMBER WHOLE OUT OF TAXPAYER DOLLARS OR ELSEWHERE? >> SO THE AGREEMENT IS WITH THE DEVELOPER, NOT WITH INDIVIDUAL TENANTS CATEGORY? SO NONE OF THE BIG BOX JUNIOR ANCHORS, SMALL RETAIL, ARE A PARTY TO THIS AGREEMENT. WHAT WE HAVE DONE IS WE HAVE TAKEN THEIR PROPOSAL OF WHAT THEY ARE GOING TO BUILD, WE HAVE DEFINED WHAT THOSE SPACES NEED TO BE, HOW LARGE THEY HAVE TO BE, LOOKED AT OTHER SALES TAX, USERS, TO MAKE SURE WE HAVE A GOOD ESTIMATE, AND SO IT IS NOT A TENANT WHO WAS IN BIG 67287CCOT BIG BOX ONE, THESE ARE ESTIMATES. WERE ASSIGNED BASED ON THE SIZE OF WHAT GOES IN THERE. ONE OF THE REASONS WHY THAT IS A GOOD THING IT IS A 10-YEAR DEAL. IF WE LOOK AT OTHER RETAIL CENTERS, WE WILL SEE TENANTS THAT TURN OVER IN THAT SPACE. IT IS NOT TIED TO A SPECIFIC USER. AND AGAIN, IT IS TIED TO THAT DEVELOPMENT. THE TRIGGER ON THE DEVELOPER IS THAT THEY HAVE TO CONSTRUCT AND BUILD THAT BUILDING. AND I WILL SAY IN THE DEFENSE OF OUR ANALYSIS AS WE GO THROUGH, WE ALLOCATE SPECIFIC FIGURES TO THOSE BUILDINGS. WE NEED TO MAKE SURE WE PROVIDE A BUFFER SO WE ARE COVERED AS A COMMUNITY. WE HAVE FULL CONFIDENCE IN THE ESTIMATES WE PUT FORWARD. I DO WANT TO BE VERY CLEAR THAT IT IS NOT TIED TO A SPECIFIC USER GOING IN THERE, THAT USER IS NEVER GOING TO REPORT TO US HOW MUCH THEY ARE DOING IN SALES ON THAT SITE. IT IS AN ESTIMATE. >> ALL RIGHT. >> I MEAN I AM FINE WITH MAKING A MOTION TO APPROVE, HAVING A COMEBACK BEFORE COUNCIL FOR FURTHER CONCEPT. >> THERE IS A MOTION TO APPROVE, TO COME BEFORE COUNCIL FOR FOR THE CONCEPT PLAN. SECOND? CAN SECOND. >> MOTION MADE BY THE MAYOR, SECONDED BY COUNCILOR CHESHIER. PLEASE VOTE. ITEM PASSES 6-0. [2026-224 Consider and act upon nominations for appointments to the Planning and Zoning Commission and Zoning Board of Adjustment. ] [02:15:13] ITEM 223? I WANT TO SKIP TO 224 VERY QUICKLY. ITEM 2026-2024 CONSIDER AND ACT UPON NOMINATIONS FOR APPOINTMENTS FOR THE PLANNING AND ZONING COMMISSION AND ZONING BOARD OF ADJUSTMENT, COUNCIL WE HAD TO MEET, A SPACE TO FILL ON THE VACANCY, AND ALSO A VACANCY THE SUBCOMMITTEE, COUNCILOR SHUFFIELD, 24/7 13 AND MYSELF TO GET SANDRA WILMORE, CURRENTLY A NON-VOTING MEMBER, WE HAVE A RECOMMENDATION TO MAKE HER A VOTING MEMBER, AND BACK TO A NON-VOTING POSITION AT A LATER DATE. THAT'S A RECOMMENDATION ON THE TABLE, CHANCE TO SPEAK ON THIS? ANY DISCUSSION OR QUESTION ABOUT THE RECOMMENDATION? TAKE A MOTION ON IT? >> SECOND. >> MOTION MADE TO APPROVED, SECONDED BY COUNCIL MEMBER SHUFFIELD. PLEASE VOTE. [2026-223 Consider and act upon a recommendation from Midlothian Economic Development to approve the program and expenditures outlined in the Economic Development Performance Agreement with 67287CCOT Investors, LLC, for project related infrastructure improvements necessary to promote new or expanded business enterprise. ] ITEM PASSES 6-0. THANK YOU COLLEAGUES. BACK TO 2026-223, CONSIDER AND ACT UPON A RECOMMENDATION FROM MIDLOTHIAN ECONOMIC DEVELOPMENT TO APPROVE THE PROGRAM AND EXPENDITURES OUTLINED IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT WITH 67287CCOT INVESTORS, LLC, FOR PROJECT RELATED INFRASTRUCTURE IMPROVEMENTS NECESSARY TO PROMOTE NEW OR EXPANDED BUSINESS ENTERPRISE. COUNCIL I HAVE SOME LEGAL QUESTIONS PERSONALLY, AFTER THE PRESENTATION WE WILL GO BACK TO EXECUTIVE SESSION TO GET QUESTIONS ANSWERED. AND IF YOU HAVE ANY AS WELL YOU CAN ASK THEM THERE. COUNCIL IF YOU DON'T MIND WE ALREADY HIT THE HIGH LEVEL OF SIMILARITIES BETWEEN THE TWO STRUCTURES, IF WE CAN GO TO THE SPECIFICS OF THIS SIDE. >> CORRECT. AGAIN, REMINDER FOR EVERYBODY, THIS HAS APPROVED ZONING, DESPITE THE ITEM WE JUST HAD, IT IS EXISTING ZONING WITHIN THE SITE. AS WE COME FORWARD AND AS WE LOOK AT THE SITE, I WISH I HAD NOT ZOOMED IN AS MUCH ON THE AMENITY AREA. AS WE LOOK AT THIS PARTICULAR DEVELOPMENT, WE ARE ONLY ATTRIBUTING THE SALES TAX TO THOSE BUILDINGS THAT GENERATE THE USES THAT ARE APPEALING TO ECONOMIC DEVELOPMENT. SO WHEN WE LOOK AT THE DIFFERENT BUILDING USES THAT ARE IN OTHER COMPONENTS OF THE DEVELOPMENT, YOU SEE GAS STATIONS AND OTHER ITEMS THAT DON'T ALIGN WITH OUR DIRECTION OF THE DESTINATION DEVELOPMENT. WE HAD CALLED OUT FOR BUILDINGS IN THIS DEVELOPMENT, I WANT TO HIGHLIGHT WHAT EACH OF THOSE ARE. THE BIG BOX AND THE AGREEMENT OUTLINES, PROVIDES DIRECTION TOWARDS EACH OF THESE BUILDINGS. >> RYAN: $630,000 IS TIED TO A HOME IMPROVEMENT STORE, IN PART THIS FACILITY GENERATES THE MAJORITY OF THE FUTURE SALES TAX COLLECTIONS. WE ALSO SEE A MULTI-TENANT FACILITY, THIS ONE IS DIRECTLY ADJACENT TO THE POND AREA. THIS FACILITY IS REQUIRED TO HAVE AT LEAST TWO RESTROOMS IN THIS BUILDING, AS WELL IT IS ALSO REQUIRED TO HAVE DIRECT ACCESS TO THE AMENITY AREA, THERE CANNOT BE A ROAD BETWEEN THE AMENITY AND WHAT WE SEE REPRESENTED UP HERE AS LOT SEVEN. AND THEN THERE IS A RESTAURANT DEPICTED ON THIS AS LOT NINE, AND THERE IS A SMALL RETAIL BUILDING THAT WOULD BE A MIXED USE NONDRIVE THROUGH BUILDING UP UPON MAIN STREET. SO AGAIN THE SAME EXERCISE WE WENT THROUGH THE PREVIOUS PROJECT, WE GO THROUGH AND WE LOOK AT A FUTURE SALES TAX TAG COULD IT BE GENERATED FROM THIS SIDE SAYING WE ADDED DIFFERENT DEFINITIONS INTO THE AGREEMENT TO MAKE SURE IT IS BRINGING RETAIL RESTAURANTS, ENTERTAINMENT, TO THOSE SITES. ONE OF THE THINGS YOU WILL NOTICE ON THIS AGREEMENT, DOES NOT PARTICIPATION ON THE DUE DILIGENCE ITEMS, WHEN YOU LOOK AT THE INITIAL ZONING IN PLACE [02:20:02] CURRENTLY AS OF TODAY, THERE IS AN OBLIGATION AND REQUIREMENT TO DO SOME IMPROVEMENTS AT THE SITE. AND SO THE DEVELOPER WILL BE REQUIRED TO REPORT BACK AND PROVIDE VERY SPECIFIC DETAILS OF WHAT THIS AMENITY LOOKS LIKE. YOU WANT TO MAKE SURE THESE ARE AMENITIES THAT REALLY WILL BENEFIT OUR RESIDENTS AND ATTRACT VISITORS TO THE SITE, AND HAVE THE ABILITY TO DO THAT APPROVAL, NO ISSUE IN ADDING WITH COUNCIL SUPPORT AS WELL. STEP THREE, AND SAME AS THE OTHER PREVIOUS AGREEMENTS, WE HAVE FUNDING PROVIDED FOR THE BUILDINGS THAT HAVE COMMENCED CONSTRUCTION, AT THAT POINT, AND SO THAT WILL BE THE FIRST START OF THE FLOW OF FUNDS. WE WOULD ALSO HAVE THAT ALLEGATION OF THE MAINTENANCE FUND. WE BELIEVE THAT IS KEY TO MAKE SURE THIS BECOMES A LONGER TERM ASSET FOR OUR COMMUNITY AND NOT REALLY NICE FOR THE FIRST TEN YEARS AND THEN AFTER THAT, IT LOSES ITS APPEAL. AND THEN YEARS TWO THROUGH TEN, THE AGREEMENT WOULD FUNCTION VERY MUCH LIKE THE OTHER AGREEMENT. ONE CAVEAT AND THIS ONE GOING BACK TO THE INITIAL PD, DOES HAVE A REQUIREMENT THAT THE DEVELOPER PROVIDE AN AMENITY AREA. ONE OF THE THINGS I WANTED TO MAKE SURE WE WERE NOT DOING IS NOT REPLACING THEIR OBLIGATION OR ADDING TO IT, WE ARE TRYING TO GET MORE THAN WHAT THE REQUIREMENT IS THAT HAS BEEN AGREED UPON. SO THE DEVELOPER WILL BE REQUIRED TO PAY THAT MILLION DOLLARS TOWARDS THE MAINTENANCE FUND AND ULTIMATELY BENEFIT THE DEVELOPMENT LONGER TERM. SO WITH THAT, THAT IS THE OUTLAY OF THIS DEVELOPMENT. COUPLE THINGS TO HIGHLIGHT, NOT EVERY BUILDING THAT IS IN THIS DEVELOPMENT IS BEING ATTRIBUTED TO SALES TAX. WE HAVE TAKEN INTO ACCOUNT ALL THE POSSIBLE USES AT THE SITE AS WE KNOW, AND THEN THE DEVELOPER IS STILL MEETING THEIR OBLIGATION TO BE ABLE TO PUT IN AN AMENITY AT THIS AREA. >> THANK YOU. DOES ANYBODY HAVE QUESTIONS BEFORE WE GO INTO EXECUTIVE SESSION? [EXECUTIVE SESSION ] SURE. EXECUTIVE SESSION SECTION 551.071, LEGAL CONSULTATION WITH THE CITY ATTORNEY ON ANY AGENDA ITEM LISTED HERE IN. ON ITEM >> IT IS 8:41 WE ARE BACK FROM EXECUTIVE SESSION, REFERENCE TO ITEM 223 ON THE AGENDA, IS THERE ANY DISCUSSION TO BE HAD? IS THERE ANY MOTION TO BE MADE FROM COUNCIL MEMBERS? >> MOTION TO TABLE THE ITEM INDEFINITELY. >> MOTION TO TABLE THE ITEM INDEFINITELY IS THERE A SECOND? MOTION MADE BY COUNCILMAN WEAVER. TO TABLE INDEFINITELY, PLEASE VOTE. THAT ITEM PASSES 6-0. ALL RIGHT. WE HAVE NO EXECUTIVE SESSION ITEMS THIS EVENING, WE ARE GOING TO BE ADJOURNED AS THERE IS NO FURTHER BUSINESS TO * This transcript was compiled from uncorrected Closed Captioning.