[Call to Order, Pledges, and Invocation ] [00:00:10] >> IT IS NOW 6:00 P.M. I CALL THE MIDLOTHIAN CITY COUNCIL MEETING TO ORDER. MAYBE. [LAUGHTER] >> COUNCILMAN SHUFFIELD WILL LEAD US IN OUR INVOCATION AND PLEDGES. >> WE GIVE YOU PRAISE AGAIN FOR ANOTHER OPPORTUNITY TO DELIBERATE THE FATE, AND PLAN FOR THIS GREAT CITY. WE THANK YOU FOR THE PRIVILEGE THAT WE HAVE FOR BEING CITIZENS HERE. WE ASK FOR WISDOM AND DIRECTION AND GUIDANCE. IN ALL DECISIONS THAT MATTER TO ALL THE CITIZENS AND EACH AND EVERY ONE OF US TO HAVE HEALTHY AND GOOD LIVES HERE. WE GIVE YOU PRAISE IN JESUS' NAME. >> IT IS 6:00 P.M. I CALL THE MIDLOTHIAN CITY COUNCIL MEETING TO ORDER. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE. >> NOW, OPENING ITEM 2026-237. [2026-237 Announcements/Presentations ] ITEM A, RECOGNITION OF THE MIDLOTHIAN FIRE DEPARTMENT FIREFIGHTER-PARAMEDIC, JASON HORNE. >> GOOD EVENING, MAYOR PRO TEM AND COUNCIL. FOR THE OPPORTUNITY TO STAND BEFORE YOU AND RECOGNIZE ONE OF OUR MEMBERS FOR BRAVERY THAT GOES BEYOND THE EXPECTATION. I DO NOT KNOW IF ANY OF YOU RECENTLY SAW THE NEWS, BUT WE DID HAVE A FIREFIGHTER, JASON HORNE, WHO WAS ENJOYING A AFTERNOON, JULY 4TH AT THE LAKE, WITH HIS FAMILY, TRYING TO HAVE A CASUAL OUTING AND ENJOY COMPANY WITH FRIENDS. AT SOME POINT DURING THAT AFTERNOON, I THINK THIS IS KIND OF A GOD THING, BUT HIS DAUGHTER, EMILY, WHO IS WITH US TODAY, ALSO, DECIDED THAT SHE WANTED TO SPEND SOME TIME WITH HER FRIENDS AND SEE THE FIREWORKS SHOW THAT WAS GOING ON, FROM ANOTHER VANTAGE POINT. SO JASON VOLUNTEERED TO TAKE HER BACK TO THE BOAT DOCKED. AS THEY APPROACHED THE BOAT DOCK AND LOADING RAMP AREA, THERE WAS A LOT OF COMMOTION GOING ON NEAR THEM. JASON REALIZE THAT THERE WAS SOMEBODY THAT WAS IN TROUBLE. A SMALLER BOAT WITH SIX KIDS AND THREE ADULTS HAD CAPSIZED AND TURNED OVER ON ITSELF. JASON SEEING THAT THERE WAS OBVIOUSLY AN EMERGENCY GOING ON, DID NOT HESITATE. JUMPED IN TO ACTION. DOVAL-- I'D LIKE TO SAY THAT. HE MIGHT HAVE JUMPED. BUT DOVE SOUNDS MORE ATHLETIC. HE DOVE OFF OF THE BOAT IN TO THE WATER, IMMEDIATELY. AS HE WAS LEAVING THE BOAT, HE TURN TO EMILY, WHO WAS IN THE BOAT, AND SAID "DIAL 911. WE NEED HELP." WHAT HE FOUND WAS THREE CHILDREN THAT WERE TRAPPED UNDERNEATH THE BOAT, WEARING LIFE PRESERVERS, BUT TRAPPED UNDERNEATH THE BOAT, SUBMERGED. HE WAS ABLE TO EXTRACT ALL THREE OF THOSE CHILDREN FROM OUT UNDER THE BOAT. TWO OF THEM NEEDED LIFE-SAVING SKILLS THAT, FORTUNATELY FOR US, AND FOR THEM, JASON POSSESSED. HE WAS ABLE TO RESUSCITATE TWO OF THEM, IN THE WATER, AND ON TOP OF A BOAT THAT WAS UPSIDE DOWN. LITERALLY BREATHING LIFE BACK INTO THEM, AND DOING CHEST COMPRESSIONS ON THEM. DURING THAT TIME, WHILE JASON WAS IN THE WATER, EMILY HAD PICKED UP THE PHONE AND DIALED 911. I HAD THE OPPORTUNITY TO LISTEN TO THE 911 TAPE. AND EVEN-- NOT AS HER FATHER, BUT AS A PERSON THAT IS A FATHER, IT MADE MY HEART KIND OF HURT A LITTLE BIT TO LISTEN TO THE-- SHE WAS VERY CALM, BUT SHE WAS SCARED. SCARED FOR HER DAD, AND SCARED FOR THE PEOPLE IN THE WATER, AND WHAT WAS HAPPENING. SHE GAVE THAT THE DISPATCHERS VERY PERTINENT INFORMATION THAT ALLOWED RESOURCES TO BE DEPLOYED TO THE SCENE THAT WOULD BE ABLE TO EXTEND THE CARE THAT JASON HAD STARTED. ONE OF THE CHILDREN WAS CARE PLATED TO A HOSPITAL, THE OTHER [00:05:05] WAS GROUND TRANSPORTED. -- CARE FLIGHTED. DURING THAT TIME, EMILY SHOWED GREAT COMPOSURE FOR HER AGE. TO BE ABLE TO ANSWER THE QUESTIONS THAT THE DISPATCHER WAS POSING TO HER. AND TO BE ABLE TO GIVE THE EXACT INFORMATION THAT THE DISPATCHER NEEDED TO BE ABLE TO MAKE THE RIGHT CHOICES, TO ALLOCATE THE RIGHT RESOURCES. SO, TONIGHT, WE HAVE THE OPPORTUNITY TO RECOGNIZE BOTH JASON AND EMILY. LAST WEEK, AND ALVARADO, THE CITY OF ALVARADO RECOGNIZE JASON AND EMILY. THERE FIRE CHIEF, JOHN ROGERS IS HERE. I WILL TELL YOU, IS A FIREFIGHTER, AND I CAN PROBABLY SPEAK FOR JASON ON THIS BEHALF, IN THIS REGARD, WE DO NOT LIKE PUBLICITY. WE LIKE TO DO OUR JOB AND STEP AWAY AND NOT SEE THE SPOTLIGHT. SO I KNOW THIS HAS MADE JASON LITTLE UNCOMFORTABLE. WE ARE CONSTANTLY REMINDING HIM OF THAT EVENT. I WILL SPEAK FROM PERSONAL EXPERIENCE, THAT CAN CREATE MORE TRAUMA FOR A PERSON. WHEN OUR FIREFIGHTERS ON-- ARE ON DUTY THEY ARE MENTALLY PREPARED. WHEN YOU'RE OFF DUTY WITH YOUR FAMILY AND RELAXING, YOUR MIND IS NOT IN THAT SPACE. SO THESE EVENTS CAN SOMETIMES HAVE MORE OF A IMPACT ON US, AND IT MAKES IT MORE OF A EMOTIONAL EVENT FOR US. AND IT GETS INSIDE OF OUR WALL THAT WE BUILD AS A DEFENSE MECHANISM. SO WHILE I KNOW THAT HE HAS BEEN RECOGNIZED A LOT, WE CANNOT ALLOW OURSELVES TO NOT RECOGNIZE HIS ACTIONS, IN THIS EVENT. SO, JASON, IF YOU WILL PLEASE STAND UP. WE CREATED A MEDAL FOR YOU. IT HAS YOUR NAME ON IT AND EVERYTHING. JASON, WE ARE AWARDING YOU THE METAL-- MEDAL OF BRAVERY. THE FOLLOWING AWARD IS GIVEN TO JASON HORNE. THIS AWARD IS IN RECOGNITION OF YOUR OUTSTANDING LIFE-SAVING EFFORTS PERFORMED ON SATURDAY, JULY THE 4TH, 2026, AT THE EL DORADO LAKE. WHEN YOU INTERVENED IN AN ONGOING WATER EMERGENCY TO SAY THREE CHILDREN FROM DROWNING. YOUR QUICK ACTIONS AND SKILLED EFFORTS PROVIDED THESE CHILDREN WITH ANOTHER CHANCE AT LIFE. THE MIDLOTHIAN FIRE DEPARTMENT, THE CITIZENS OF MID-LOOK-- MIDLOTHIAN, AND THE COMMUNITY, COMMEND YOU FOR YOUR ACTIONS. AND SO, WITH THAT, WE HAVE A MEDAL OF BRAVERY. AND WE THROW THE WORD AROUND, BRAVERY, SOMETIMES. AND I DON'T KNOW HOW MANY OF US WILL JUMP IN TO THE WATER OR IN TO A HAZARDOUS AREA AND TRIED TO RISK OUR LIVES TO SAVE OTHERS. IT IS NOT AN EASY THING TO DUE. AND I KNOW THAT IT IS YOUR CALLING, BUT ON THAT DAY, YOU ACTED IN A WAY THAT MAKES US PROUD. AND I WANT TO SAY THAT TO YOU. SO, THANK YOU FOR YOUR ACTIONS. [APPLAUSE] >> I KNOW THAT JASON HAS BEEN ASKED MANY TIMES. DO YOU WANT TO SAY ANYTHING? DO YOU WANT TO SAY ANYTHING? AND YOU DON'T HAVE TO, BECAUSE I AM GOING TO TALK WITH YOUR DOCTOR IN A MINUTE. I WILL SAY, YOU NEED TO GIVE HER LESSONS ON HOW TO DRIVE A BOAT, BECAUSE SHE WAS ON THE PHONE, SAYING, "I DON'T KNOW HOW TO > THANK YOU, COUNCIL. Select to skip to this part of the video">DRIVE THIS BOAT." >> THANK YOU, COUNCIL. REALLY, I JUST WANT TO SAY THANK YOU TO EVERYBODY. THE LAST FEW WEEKS HAVE BEEN A LITTLE CRAZY, IF YOU WILL. JUST A LOT OF STUFF GOING ON. A LOT OF ACCOLADES. A LOT OF ATTENTION. THE CHIEF WAS TALKING ABOUT THAT IT'S NOT SOMETHING THAT WE ARE REALLY FOND OF. MAINLY, I JUST WANT TO SAY THANK YOU TO EVERYBODY THAT HAS BEEN MY SUPPORT SYSTEM. THESE THINGS AFFECT YOU IN A DIFFERENT WAY. IT CAN GET PRETTY EMOTIONAL. BUT, THANK YOU TO MY CREW. TO MY LEADERSHIP, HERE WITH THE DEPARTMENT. TO MY FAMILY. THANK YOU TO EVERYBODY FOR THE SUPPORT. AND I APPRECIATE YOU ALL. [APPLAUSE] >> SO, REALLY, THE BIG AWARD GOES TO EMILY. RIGHT? EMILY, COME ON UP. DON'T YOU HAVE A SPEECH PREPARED? NO. OKAY. EMILY-- DID YOU JUST TURNED 13? WHEN WAS THAT? A WEEK AGO? ALL RIGHT. NOW YOU ARE OFFICIALLY A TEENAGER. OH, MY GOSH. OBVIOUSLY, WE WANT TO RECOGNIZE [00:10:02] EMILY'S ACTIONS ON THAT DAY. WHILE JASON WAS DOING THE WORK THAT HE NEEDED TO DO, HE COULD NOT HAVE FINISHED THAT WORK WITHOUT EMILY'S HELP. EMILY WAS THE ONE THAT STAYED CONNECTED WITH THE DISPATCHER. HAVE YOU LISTEN TO THE TAPE? YOU DID GREAT. WE WANTED TO PLAY SOME OF THAT HERE, BUT WE THOUGHT MAYBE THAT WOULD BE A LITTLE TOO MUCH. SHE IS A VERY RESPECTFUL YOUNG LADY. EVEN THOUGH SHE WAS STRESSED, CRYING, AND WORRIED, SHE STILL SAID "YES, SIR." NO, SIR. SO I KNOW SHE IS RAISED IN A GOOD MIDLOTHIAN WAY. BUT WE ARE GOING TO RECOGNIZE EMILY-- NOT WITH A MEDAL OF BRAVERY? WE ARE GOING TO RECOGNIZE HER WITH THE COMMUNITY HERO AWARD. THE FOLLOWING AWARD IS GIVEN TO EMILY HORN, IN RECOGNITION OF YOUR REMARKABLE COURAGE, MATURITY, AND CALM JUDGEMENT DURING A LIFE-THREATENING EMERGENCY ON JULY 4TH 2026. WHEN FACED WITH THREATENING-- FRIGHTENING AND A RAPIDLY UNFOLDING SITUATION, YOU ACTED WITH CLARITY AND PURPOSE, CALLING 911 AND PROVIDING CRITICAL INFORMATION, BEING THE FIRST LINK IN THE CHAIN OF SURVIVAL. YOUR QUICK THINKING ENSURED THAT HELP WAS ON THE WAY. AND YOUR COMPOSURE ALLOWED FIRST RESPONDERS TO BEGIN MOBILIZING ESSENTIAL RESOURCES WITHOUT DELAY. YOUR ACTIONS DEMONSTRATED BRAVERY BEYOND YOUR YEARS. A STRONG SENSE OF RESPONSIBILITY AND AN INSPIRING COMMITMENT TO THE SAFETY OF OTHERS. IN A MOMENT, WHEN EVERY SECOND MATTERED, YOU CHOSE TO ACT, AND BECAUSE OF THAT, LIVES WERE SAVED. SO WE ARE PROUD OF YOU AS WELL. COMMUNITY HERO AWARD. [APPLAUSE] >> AND FLOWERS. MORE FLOWERS. >> YOU LOVE FLOWERS. [APPLAUSE] >> AND BEFORE YOU ALL LEAVE, THERE WILL BE SOME PICTURES. BUT I THINK THAT THE MAYOR PRO TEM HAS SOMETHING TO READ. >> I DO. WE HAVE A PROCLAMATION. I WOULD ASK THAT COUNCIL COME JOIN ME DOWN HERE TO PRESENT THE PROCLAMATION. >> TWICE IN A WEEK. THIS IS SPECIAL FOR ME. I HAVE KNOWN THIS FAMILY MY WHOLE LIFE. SO PART OF THIS EXCHANGE IS YOU CANNOT TELL ANYBODY MY SECRETS. PROCLAMATION, HONORING FIREFIGHTER PARAMEDIC JASON HORNE. WHEREAS THE CITY MIDLOTHIAN PROUDLY RECOGNIZES ACTS OF EXTRAORDINARY BRAVERY AND SELFLESS SERVICE PERFORMED BY MEMBERS OF OUR PUBLIC SAFETY COMMUNITY, AND, WHEREAS, ON JULY 4TH, 2026, MIDLOTHIAN FIREFIGHTER PARAMEDIC, JASON HORNE, WHILE OFF DUTY AND ENJOYING TIME WITH HIS FAMILY AND FRIENDS AT ALVARADO LAKE, WITNESSED A CAPSIZED BOAT, TRAPPING CHILDREN BENEATH IT, AND WITHOUT REGARD TO HIS OWN SAFETY, EDO TO RETRIEVE THE OVERTURNED VESSEL THREE DIFFERENT TIMES, LOCATING AND RESCUING EACH CHILD FROM IMMINENT DANGER. AND WHEREAS, AFTER BRINGING THE CHILDREN TO SURE, JASON HORNE REPEATEDLY RENDERED LIFE-SAVING CPR TO TWO OF THE VICTIMS, SUSTAINING THEIR BREATHING AND CIRCULATION UNTIL EMERGENCY CREWS ARRIVED, AND WHEREAS, HIS ACTIONS ON THAT DAY EXEMPLIFY THE HIGHEST STANDARDS OF COURAGE, PROFESSIONALISM, AND COMPASSION THAT DEFINED THE MIDLOTHIAN FIRE DEPARTMENT, AND THE PUBLIC SAFETY COMMITTEE AS A WHOLE. AND WHEREAS JASON HORNE'S SWIFT AND HEROIC RESPONSE DIRECTLY CONTRIBUTED TO SAVING MULTIPLE YOUNG LIVES, AND STANDS AS A INSPIRING EXAMPLE TO ALL RESIDENTS OF MIDLOTHIAN. NOW, THEREFORE, THE MAYOR PRO TEM OF THE CITY MIDLOTHIAN TEXAS, I, DO HEREBY RECOGNIZE FIREFIGHTER PARAMEDIC JASON HORNE FOR HEROIC ACTIONS ON JULY 4TH 2026, AND EXTEND THE DEEPEST GRATITUDE FOR HIS BRAVERY, DEDICATION, AND EXEMPLARY SERVICE OF DRAPERY, PERTAINING TO THIS DELAY-- DAY OF JULY, 2026-- JULY 28, 2026. AND THEN, I DID NOT WANT EMILY TO NOT GET ANYTHING. SO WE HAVE TWO CITY OF MIDLOTHIAN CHALLENGE COINS WE WOULD LIKE TO GET BOTH OF YOU AS WELL. THANK YOU, GUYS. [APPLAUSE] [00:15:27] [APPLAUSE] >> THANK YOU. >> THANK YOU, COUNCIL. I JUST WANTED TO SAY THAT IT SHOULD NOT GO UNNOTICED THAT FAMILY IS WHAT SUPPORTS JASON THROUGH THIS TIME. AND HE HAS A GOOD FAMILY NETWORK THAT HAS LIFTED HIM, AND SUPPORTED HIM AFTER THIS EVENT. AND SO THANK YOU FOR YOUR SUPPORT. OUR FIREFIGHTERS HERE IN THE ROOM TODAY, THEY MAY NOT BE ABLE TO SAY IT ON AN EVERYDAY BASIS TO YOU, BUT I SAY IT FOR THEM. WE APPRECIATE THE SUPPORT THAT YOU GIVE OUR COMMUNITY, BY ALLOWING US TO DO THE WORK THAT WE DO, AND PROVIDING US WITH THE EQUIPMENT AND RESOURCES TO MAKE THAT JOB SUCCESSFUL. SO THANK YOU, VERY MUCH. [APPLAUSE] >> MOVING ON TO 2026-37B. CITY COUNCIL REPORTS ON ITEMS OF COMMUNITY INTEREST. IF COUNCIL WANTS TO SPEAK ON THAT. WHOEVER WOULD LIKE TO GO FIRST. DOES ANY COUNCILMEMBER HAVE ANY ITEMS OF COMMUNITY INTEREST THEY WOULD LIKE TO REPORT ON? ANYBODY? >> I AM ASSUMING-- I THOUGHT-- OKAY. THIS SATURDAY IT IS THE MAYORS BACK TO SCHOOL BASH, RIGHT HERE IN DOWNTOWN. AND THAT IS ABOUT ALL I KNOW. OF IT. I DON'T HAVE ANY MORE DETAILS. I KNOW IT'S 8:00 A.M. TO NOON. -- 9:00 A.M. TO NOON. IN DOWNTOWN. >> MAYORS BACK TO SCHOOL BASH THIS WEEKEND. NINE TO NOON. DOWNTOWN. I HEARD HE WAS GETTING IN A DUNK TANK? >> I AM HOPING. BUT WE WILL SEE. >> HE SHOULD. >> HE SHOULD. ABSOLUTELY. >> I THINK IT IS IMPORTANT TO NOTE, WITH THE BACK TO SCHOOL TIME, YOU ENCOURAGE EVERYBODY TO HAVE A LITTLE EXTRA PATIENCE. YOU WILL HAVE NEW DRIVERS DRIVING TO HIGH SCHOOL TO THE FIRST TIME. PARENTS DROPPING THE KIDS OFF AT KINDERGARTEN FOR THE FIRST TIME. SIXTH-GRADERS GOING TO MIDDLE SCHOOL FOR THE FIRST TIME. AS WE COME IN TO THE SEASON, IT'S A GREAT TIME TO EXERCISE A LITTLE GRACE, AS PEOPLE NAVIGATE TRAFFIC AND TRANSPORTATION. AND I KNOW THAT EVERYONE IS OUT THERE TRYING TO FACILITATE THAT. JUST WORTHY OF NOTE. [2026-238 Citizens to be heard ] >> ANYTHING ELSE? NOTHING ELSE-- WE WILL MOVE ON TO 2026-238. CITIZENS TO BE HEARD CITIZENS TO BE HEARD - THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD COMPLETE A “CITIZEN PARTICIPATION FORM” AND PRESENT IT TO THE CITY SECRETARY PRIOR TO THE ITEM BEING OPENED FOR DISCUSSION. SPEAKERS ARE LIMITED TO 3 MINUTES. [CONSENT AGENDA ] NO SPEAKERS? ALL RIGHT. MOVING ON TO CONSENT AGENDA. ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED WITH BUT-- BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. DOES ANYBODY HAVE ANYTHING THEY WOULD LIKE TO REMOVE FROM CONSENT? I HAVE A MOTION FROM COUNCILMAN SHUFFIELD. SECOND FROM COUNCILMAN WEAVER. PLEASE VOTE. >> OKAY. DO WE DO A HAND VOTE WE ALL THOSE IN FAVOR, RAISE YOUR HAND. OPPOSED? [LAUGHTER] SIMON SAYS. ITEM PASSES, 7-0. OH, MAN. [*A portion of this meeting is without audio] CHEST AND IS WATCHING THIS, WHEREVER HE IS. [00:20:25] >> I WILL MAKE A MOTION TO EXCEPT AS PRESENTED. [2026-241 Consider and act upon a recommendation from Midlothian Economic Development to approve a contractor contract between Midlothian Economic Development and J&K Excavation, LLC, to construct the Railway Avenue parking lot and associated improvements at a cost of $1,321,541.30 with a 10% contingency for a total cost of $1,453,695.43. ] >> 2026-241. >> GOOD EVENING, MAYOR PRO TEM AND COUNCIL. LAST YEAR MIDLOTHIAN ECONOMIC DEVELOPMENT PURCHASE A SPOT AND I HAVE WORKED WITH COUNCIL TO CREATE PLANS FOR PARKING THAT WOULD HELP SUPPORT DOWNTOWN. WE WORKED WITH OUR ENGINEER TO DEVELOP PLANS, AND PUT TOGETHER A BID FOR THE PROJECT THAT WAS IN COMPLIANCE WITH MIDLOTHIAN ECONOMIC DEVELOPMENTS PURCHASING POLICY. WE RECEIVED 14 RESPONSES. FROM THOSE 14 RESPONSES, THE MIDLOTHIAN ECONOMIC DEVELOPER BOARD DECIDED DECIDED TO MOVE FORWARD WITH J&K EXCAVATION, WHO WAS THE LOWEST BIDDER, AND WHO ALSO WILL COMPLETE THE PROJECT IN AN EXPEDITED FASHION. SO THE RECOMMENDATION FROM THE BOARD IS TO AUTHORIZE-- THE REASON THAT WE ARE HERE, AS WELL, IS BECAUSE THIS EXPENSE EXCEEDS $50,000. IT REQUIRES COUNCIL'S APPROVAL. SO THAT IS WHY WE ARE HERE TODAY. THE RECOMMENDATION IS TO APPROVE THE CONTRACT AT 1,321,540-- 1,300,000... IS THERE A CONSENT FROM COUNCIL? >> COUNCIL, ANY QUESTIONS? >> ONE MINOR ONE. WE TALKED A BIT ABOUT THIS WHEN WE WERE PRESENTED WITH IT. ARE THERE ANY FURTHER CONVERSATIONS WITH THE CONTRACTOR PARTICULARLY ON THAT PEDESTRIAN TRAFFIC THAT MIGHT BE GOING UP AT SEVENTH CROSSING OVER. >> OUR PROJECT WILL TAKE THE RIGHT OF WAY. THAT WILL NOT IMPROVE ANY OF THE PROJECT. >> I WANT TO CONTINUE TO ADVOCATE FOR THAT. AND I ENCOURAGE THE CITY TO LOOK AT WHAT THAT COULD LOOK LIKE, AS PEOPLE ARE TAKING THE SHORTCUT, BUT I THINK THIS IS AN IMPORTANT INVESTMENT, AND I APPRECIATE YOU TAKING THE LEAD ON THIS. >> ANY FURTHER QUESTIONS? >> WHAT IS THE FINAL PARKING LOT COUNT? SORRY. >> ROUGHLY 114. >> PERFECT. MOVE TO APPROVE. >> SECOND. >> MOTION BY COUNCIL WOULD-- COUNCILMAN HAMMONDS. [2026-242 Consider and act upon a recommendation from Midlothian Economic Development to approve an expenditure for Civic Solutions Partnership LLC in an amount not to exceed $165,025 for consulting services to update the Economic Development Plan for Midlothian Economic Development.] SECOND BY COUNCILMAN CHESHIER. THOSE IN FAVOR, RAISE HER HAND. ITEM PASSES SIX TO ZERO. OPENING ITEM 626, 242, CONSIDER AN ACTION ON A RECOMMENDATION FROM MIDLOTHIAN ECONOMIC DEVELOPMENT TO APPROVE AND EXPENDITURE FOR CIVIC SOLUTIONS PARTNERSHIP LLC. >> PERFECT. OVER THE LAST YEAR WE HAVE CROSSED THE FIVE YEAR MARK, WHICH OUTLINED OUR PREVIOUS STRATEGIC PLAN AND EFFORTS IN THE DIRECTION OF MIDLOTHIAN ECONOMIC DEVELOPMENT. IT WAS OUR INTENTION TO START THIS FISCAL YEAR BY MOVING FORWARD WITH THE STRATEGIC PLANNING PROCESS, HOWEVER, WE HAD A LOT OF TURNOVER WITH OUR BOARD SO A DECISION WAS MADE TO DELAY THIS PROCESS. SO, AS WE BROUGHT OUR BOARD MEMBERS UP TO SPEED AND EVERYBODY WAS READY TO MOVE FORWARD, WE PUT OUT A PROPOSAL FOR A CONSULTANT TO HELP MIDLOTHIAN ECONOMIC DEVELOPER DENSITY COUNCIL AND AN ECONOMIC TO BELLMAN PLAN FOR MIDLOTHIAN ECONOMIC DEVELOPMENT. AFTER RECEIVING MULTIPLE PROPOSALS, IT IS THE RECOMMENDATION OF THE BOARD TO MOVE FORWARD WITH CIVIC SOUL. A GROUP THAT IS VERY EXPERIENCED IN THIS AREA. ONE OF THE REASONS THEY WERE SELECTED IS THEIR EXPERIENCE [00:25:02] WITH WORKING WITH CITIES AND ECONOMIC DEVELOPMENT. AND BEING ABLE TO CHALLENGE THE BOARD AND COUNCIL TO BE ABLE TO THINK BIGGER AND THINK LONGER TERM. AS WE LOOK AT THE POTENTIAL FUNDS THAT WE RECEIVED WITH MIDLOTHIAN ECONOMIC DEVELOPMENT. ULTIMATELY THEY WILL HELP THE M EDN COUNCIL TO DEVELOP A PLAN THAT WILL FORMALIZE WHERE AND HOW WE INVEST THE RESIDENT SALES TAX DOLLARS THAT HAVE BEEN ALLOCATED TO ECONOMIC DEVELOPMENT. AS PART OF THE PROCESS THAT HAS BEEN LAID OUT, WE WILL HAVE THREE DIFFERENT OPPORTUNITIES FOR COUNCIL IN THE BOARD TO GET TOGETHER AND WORK AS A WHOLE TO MAKE SURE EVERYBODY IS ON THE SAME PAGE, AS WE ARE DEALING WITH A SIGNIFICANT AMOUNT OF RESOURCES. ONE OTHER PIECE OF THIS PLAN I WANT TO HIGHLIGHT, AS PART OF THIS PROCESS WE WILL HAVE THE OPPORTUNITY TO GO OUT AND VISIT OTHER LOCATIONS AND DIFFERENT PROJECTS THAT MAYBE GOOD FOR IT'S FOR OUR COMMUNITY AND HELP US TO THINK BIGGER AND LONG-TERM IN OUR OWN COMMUNITY. THIS PLAN WILL GO IN LINE WITH THE COMMUNITY SURVEY THAT WAS COMPLETED LAST SUMMER. AND SIMILAR TO THE PREVIOUS ITEM, EXPENSES OVER $50,000 REQUIRES COUNCIL'S APPROVAL. ANY QUESTIONS? >> COUNCIL, ANY QUESTIONS? A MOTION? >> HAVING SAT WITH THE BOARD THROUGH THIS PROCESS, I WANT TO SAY, I APPRECIATE THE SCRUTINIZING OF THE POSSIBILITIES. YOU HAD MORE THAN TWO HANDFULS. TAKE YOUR SHOES OFF AND COUNT THE OTHER ONES. BUT YOU NARROWED IT DOWN TO KEEP HONING WHAT WILL BE THE BEST B BIT-- FIT FOR MIDLOTHIAN AND YOU UNDERSTAND THE CULTURE OF MIDLOTHIAN. I APPRECIATE THE BOARD TAKING THAT SERIOUSLY THROUGH THIS PROCESS AND COMING UP WITH THIS. I WANT TO MAKE THAT COMMENT. I WITNESS THAT WITH SEVERAL MEETINGS. THANK YOU A LOT. I WILL PUT IT IN A FORM OF MOTION. DO WE ACCEPT THIS? >> SECOND. >> I HAVE A MOTION FROM COUNCILOR SHUFFIELD. SECOND FROM COUNCILMAN CHESHIER. [2026-243 Consider and act upon an ordinance amending the FY 2025-2026 Midlothian Economic Development (MED) budget appropriations in the amount of $3,500,000.00 from the MED unreserved fund balance to provide funding previously approved for the Heritage Plaza and the Railway Avenue parking lot projects; in accordance with Chapter 102, Local Government Code; appropriating various amounts thereof; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. ] PLEASE VOTE. HOPEFULLY IT WORKS THIS TIME. ITEM PASSES SIX TO ZERO. MOVING ON TO 2026-243. CONSIDER AN ITEM ON THE ORDINANCE AMENDING THE FY 2025-2026 MIDLOTHIAN ECONOMIC DEVELOPMENT BUDGET APPROPRIATIONS IN THE AMOUNT OF 3,500,000 FROM THE MAD UNRESERVED FUND BALANCE TO PROVIDE FUNDING PREVIOUSLY APPROVED FOR THE HERITAGE PLAZA AND RAILWAY AVENUE PARKING LOT PROJECTS. >> SO JUST TO DESCRIBE, THIS IS TO ALLOCATE FUNDS THAT HAVE ALREADY BEEN APPROVED IN PREVIOUS AGREEMENTS. $2 MILLION BEING MADE AVAILABLE FOR HERITAGE PLAZA. THE FIRST PAYMENT FOR MBD FOR THIS FISCAL YEAR. THE SECOND ONE IS ASSOCIATED WITH CONSTRUCTION FOR RAILWAY PLAZA. ANY QUESTIONS? >> COUNCIL, ANY QUESTIONS OR MOTION. >> MOTION TO APPROVE. >> MOTION FROM COUNCILMAN HAMMONDS. SECOND FROM COUNCILMAN SHUFFIELD. PLEASE VOTE. ITEM PASSES SIX TO ZERO. [2026-244 Consider and act upon a recommendation from Midlothian Economic Development to approve the program and expenditures outlined in the Economic Development Performance Agreement with Kotha Holdings Group, LLC for a project related to infrastructure improvements necessary to promote new or expanded business enterprises. ] NOW, OPENING ITEM 202-6244, CONSIDER AND ACT UPON A RECOMMENDATION FROM MIDLOTHIAN ECONOMIC DEVELOPMENT TO APPROVE THE PROGRAM AND EXPENDITURES OUTLINED IN THE ECONOMIC TO BELLMAN PERFORMANCE AGREEMENT. KYLE? >> LAST ONE. >> I AM A LITTLE SHOCKED. YOU HAVE BEEN UP HERE ALL NIGHT. >> NO WORRIES. SO WE ARE BRINGING BEFORE COUNCIL AND ECONOMIC DEVELOPMENT FORMS AGREEMENT AND THAT WE EXCITED ABOUT. ONE, AS THE COMMUNITY HAS GROWN AND WE HAVE BEEN ABLE TO RECOGNIZE THE BENEFITS THAT HAVE COME BECAUSE OF ECONOMIC GROWTH, WE ARE MOVING FORWARD TO OPEN UP AND EXPAND INFRASTRUCTURE INTO ANOTHER AREA. AND TO OPEN UP THE COMMUNITY. THIS FIRST PROJECT IS IN COMPLETE COMPLIANCE. WITH THE COMPREHENSIVE PLAN OF THE CITY. YOU, AS COUNCIL HAVE SET UP THE DIRECTION OF WHERE DIFFERENT GROWTH SHOULD WE HAVE FOLLOWED BEHIND AND LOOKED AT INFRASTRUCTURE IMPROVEMENTS THAT ARE NEEDED TO [00:30:02] HELP DRIVE AND BRING GROWTH TO THIS AREA. THIS IS A PROJECT OUR BOARD IS EXCITED ABOUT, BECAUSE IT WOULD HELP TO ATTRACT PRIMARY JOB EMPLOYERS FOR THIS COMPANY TO ANOTHER JOB OR SERVICE IN ANOTHER AREA WITH OUR COMMUNITY. WHAT WE BRING FORWARD TODAY IS AN AGREEMENT WITH KOTHA HOLDINGS LLC, FOR A PROJECT THAT WOULD EXPAND NOT ONLY ON THEIR PROPERTY, BUT IN THE 170 ACRES OF NEW LIGHT INDUSTRIAL AREA. ACCORDING TO THE AGREEMENT, WE WILL PROVIDE A $4.3 MILLION FORGIVABLE LONE THAT CAN BE USED TO HELP CONSTRUCT ABOUT 3700 LINEAR FEET OF A'S ROAD. THEY WILL CONSTRUCT TWO LANES OF THE FUTURE MAJOR COLLECTOR IN THAT AREA, AND THE FUNDS WILL BE USED TO PAY FOR THE DESIGN AND CONSTRUCTION OF THAT ROAD. ASSOCIATED WITH THIS AGREEMENT, THEY ARE PUTTING UP A PROPERTY THAT WILL BE USED AS COLLATERAL. IN THE EVENT THAT THEY DO NOT COMPLETE THE THREE FOLLOWING THINGS. ONE, THEY WILL BE REQUIRED TO CONSTRUCT 150,000 SQUARE FEET OF SPACE. AND THIS WILL BE SPACE THAT RANGES IN SIZE FROM 7000 SQUARE FEET TO 6500 SQUARE FEET. ONE, THAT HELPS A SMALLER USER THEN WE HAVE TARGETED IN THE PAST. SO IT'S A GREAT OPPORTUNITY TO DIVERSIFY THE TYPE OF PRODUCT THAT WE HAVE IN OUR COMMUNITY. THE SECOND THING IS THAT THEY WILL BE REQUIRED TO CONSTRUCT A MINOR COLLECTOR THAT WILL CONNECT LONG BRANCH TO THE MAJOR COLLECTOR ROAD, AND THE THIRD THING IS THAT THERE IS A PORTION OF PROPERTY THAT THEY WILL BRING FORWARD FOR REZONE. AND THAT IS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. WITH THAT, ARE THERE ANY QUESTIONS FROM COUNCIL? >> COUNCIL ANY QUESTIONS? >> I WILL MAKE ONE COMMENT. I LIKE THE PROJECT. I LIKE THAT WE ARE GETTING SOMETHING DONE UP IN THAT AREA NORTH OF THE AIRPORT. MR. WEAVER STEPPED OUT BECAUSE HE IS RECUSING HIMSELF FROM THIS ITEM BECAUSE HIS FATHER IS INVOLVED WITH DEALINGS OF THIS PARTICULAR PROJECT. SO I'M LETTING THE COUNCIL KNOW IN CASE YOU DID NOT KNOW. WITH THAT, I MOVE THAT WE ADOPT THIS. -- I HAVE A MOTION-- >> I HAVE A MOTION FROM COUNCILMAN SHUFFIELD, SECOND FROM COUNCILMAN HAMMONDS. PLEASE VOTE. THAT PASSES 5-0. [2026-245 Consider and act upon an ordinance amending the City of Midlothian’s Fiscal Year 2025-2026 Midlothian Community Development (MCD) Fund Budget Appropriations in an amount not to exceed $2,352,240 from the Unreserved Fund Balance to fund the purchase of a portion of parcel 288075 (property North of realigned Mt. Zion Rd.), parcel 221990, and parcel 313242 located on Mt. Zion Road, from Hawkins Midlothian Development, LLC. in an amount not to exceed $2,352,240. ] THANK YOU, KYLE. NOW, OPENING ITEM 2026-245, CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN'S FISCAL YEAR 2025-2026 MIDLOTHIAN COMMUNITY DEVELOPMENT FUND BUDGET APPROPRIATIONS IN AN AMOUNT NOT TO EXCEED $2,352,240 FROM THE UNRESERVED FUND BALANCE TO FUND THE PURCHASED-- PURCHASE OF A PORTION OF PARCEL 288075, PROPERTY NORTH OF REALIGNED MOUNT ZION ROAD, PARCEL 221990, AND PARCEL 313242 LOCATED ON MOUNT ZION ROAD. >> GOOD EVENING, MAYOR PRO TEM AND COUNCIL. THIS AGENDA ITEM HAS-- IS A FOLLOW-UP TO AN AGENDA ITEM THAT WAS HERE SEVERAL MONTHS AGO WHERE THIS PROJECT WAS APPROVED, WHERE WE PURCHASED PRODUCT-- PROPERTY FOR THE MCD. THIS IS JUST A BUDGET AMENDMENT TO OFFICIALLY MOVE THE FUNDS FROM THE UNRESERVED FUND BALANCE TO THIS SPECIAL PROJECT. SO IF ANYBODY HAS ANY QUESTIONS, I WILL BE GLAD TO ANSWER THEM. >> COUNCIL, ANY QUESTIONS? AND/OR A MOTION? MOTION FROM COUNCILMAN WEAVER. SECOND FROM COUNCILMAN HAMMONDS. PLEASE VOTE. ITEM PASSES, SIX TO ZERO. [2026-246 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). ] 2026-246. CONSIDER AND ACT UPON AN ORDINANCE AMENDING AND RESTATING DEBIT-- LEAD OF ELEMENT AND USE REGULATIONS OF PLANNED DEVELOPMENT DISTRICT 179 AS SET FORTH IN ORDINANCE NUMBER 2025-10, AND AMENDED BY ORDINANCE 2026-21. >> GOOD EVENING, MAYOR PRO TEM. AND ASSISTANT-- MARY SPENCER HERE. [00:35:01] ASSISTANT DIRECTOR OF PROGRAMMING. THIS ITEM IS BEFORE YOU AGAIN, IT IS A PD AMENDMENT TO REPLACE ORDINANCE 2025-10, TO REPLACE THE OVERALL PLAN FOR THE PROPERTY THAT IS 33.99 ACRES AT THE INTERSECTION OF WEST MAIN STREET U.S. HIGHWAY 67. -- U.S. HIGHWAY 67 SOUTHBOUND SERVICE ROAD, AND U.S. HIGHWAY 287. THE PROPERTY IS CURRENTLY PLANNED DEVELOPMENT DISTRICT 179. WHICH HAS A BASE ZONING DISTRICT OF COMMUNITY RETAIL. AND THIS IS THE SURROUNDING ZONING AND LAND USE. ALL IS REGIONAL, MODULE. AND IT IS SURROUNDED BY PREDOMINANTLY PD FOUR. WHICH IS MOST OF ALL OF THIS AREA HERE. THAT IS PD FOUR. WHICH INCLUDES THE FIRE STATION. AND YOU HAVE PD 171 ACROSS FROM 67. AND THE WALMART PD OVER HERE. WHICH IS PD 49. IF YOU RECALL THIS ITEM CAME BEFORE YOU AT THE JUNE 23RD MEETING. AND WHAT THEY WERE PROPOSING IS AS PART OF THIS PD AMENDMENT IS TO REMOVE THE SPECIFIC USE PERMIT REQUIREMENT FOR THE HOME-IMPROVEMENT SALES, MODIFY THE CONCEPT PLAN, AND UPDATE THE LANDSCAPE LANGUAGE FOR UTILITIES ALONG U.S. 287 WEST MAIN STREET, U.S. 67 FRONTAGE ROAD, TO REMOVE CONFLICTS WITH UTILITIES. IT ALSO CLARIFIED SOME CONFLICTING LANGUAGE THAT WAS ALREADY WITHIN THE PD. IT UPDATES PARKING REQUIREMENTS, SIGN REQUIREMENTS AND CARRIES OVER ALL OF THE AMENDMENTS THAT WERE DONE BY YOU ALL EARLIER THIS YEAR. SO THESE ARE THE CHANGES THAT ARE PROPOSED. THEY ARE CONSOLIDATING THE LAND USES HERE IN TO ONE LOT TO MAKE ONE LOT. THEY ARE REMOVING THIS SOUTHERN RESTAURANT LOT AND JUST CREATING ONE LOT HERE. THEY ARE CONSOLIDATING THE TWO MULTITENANT IN TO ONE BUILDING, AND THEY HAVE ADDED AN ADDITIONAL DRIVE-THROUGH RESTAURANT HERE. AND THEY HAVE FLIPPED THE RESTAURANT-- THIS RESTAURANT RETAIL AND DRIVE-THROUGH, AND CREATED THE DRIVE-THROUGH AND ADDED A RETAIL PAD SITE HERE. AND THEY HAVE ALSO FLIPPED THE HOME-IMPROVEMENT STORE. SO THEY UPDATED THE LANDSCAPE PLAN AS I STATED. THERE ARE A LOT OF OVERHEAD AND UNDERGROUND UTILITIES ALONG WEST MAIN STREET AND U.S. 67, AND THE PD REQUIRED TREES ALONG BOTH ROADWAYS. SO WITH THE LANDSCAPE CHANGE THEY MOVED THE TREES FURTHER IN, AND THEY ONLY HAVE SO ANAND SHRUBS, WHERE THERE ARE NOT THOSE UTILITY CONFLICT ON 67-- SO THEY ONLY HAVE SOD AND SHRUBS. THEY ONLY HAVE LANDSCAPING, AT THIS TIME, SOD, BECAUSE THERE IS AN ADDITIONAL BUILDING HERE, AND THERE IS ADDITIONAL SPACE ALONG THE REAR PLOT. THEY ALSO AMENDED THE AMENITY CENTER, WHICH IS THE POND AREAS, DO TO DRAINAGE, CONSIDERATION. SO THEY CONSOLIDATED THE THREE PONDS INTO ONE LARGER POND. AND AS PART OF THIS POND IT TOOK OUT SOME OF THESE LAND USES HERE. THAT'S WHAT WE SAW LAST TIME, SOME OF THE LAND USES GOT ABSORBED IN TO THIS POND AREA. THIS IS SHOWING THE PREVIOUS COVERAGE. BECAUSE RIGHT NOW THEY ARE DOING A MAXIMUM OF 80%. BUT IN ORDER TO MEET THAT, ONE OF THE THINGS THAT WE ARE INCLUDING IN THE PD AMENDMENT IS TO ALLOW THE HOME-IMPROVEMENT STORE TO DO 85% WITH THE USE OF PREVIOUS PAVERS TO ACCOUNT FOR 5% OF THAT. AND THE REST OF THE SITE WILL BE AT 75%. SO EVEN WITH THEM DOING 80, THE OVERALL SITE WOULD BE LESS THAN 80%. SO, THEY ALSO RELOCATED THERE SIGNS, AND CHANGED WHAT TYPES OF SIGNS THEY WILL HAVE FOR THE OVERALL DEVELOPMENT. THEY WILL HAVE TWO PIEBALD-- PYLON SIGNS THAT ARE 35 FEET IN HEIGHT, ALONG 67 AND WEST MAIN STREET. AND THEY ARE GOING TO HAVE FIVE SINGLE TENANT MONUMENT SIGNS HERE, HERE, HERE, AND HERE. FOR THE SITE, THAT ARE 13.5 FEET IN HEIGHT. [00:40:03] IT DOES ALLOW THEM TO HAVE REAR WALL SIGNS BY RIGHT BY THE BUILDINGS TO AID IN THE 360-DEGREE ARCHITECTURE. AND IT ALSO ALLOWS FOR INTERNALLY ELIMINATED SIGNS, WHICH IS CONSISTENT WITH THE PD'S ACROSS THE STREET. SO, FOR THE ELEVATIONS, THEY ARE MAINTAINING THE ORIGINAL PD 179 LIBATIONS. FOR ALL BUILDINGS UNDER 20,000 SQUARE FEET. SO IF THE BUILDING COMES IN THAT IS ON THE SITE PLAN AND AS LONG AS THEY MEET ALL OF THEIR REQUIREMENTS FOR THE LAND USE WITHIN THE PD THEY ARE DOING THE 360-DEGREE ARCHITECTURE, AND THEY MEET THESE ELEVATIONS, THEN IT CAN BE ADMINISTRATIVELY APPROVED. IF THE BUILDING IS OVER 20,000 SQUARE FEET, THE OLDTOWN ARCHITECTURAL STYLE IS NOT REQUIRED, BUT, IS A PART OF THAT NOT BEING REQUIRED, THEY HAVE TO COME BEFORE THE COUNCIL FOR ANY BUILDINGS OVER 20,000 SQUARE FEET. BUT AS A PART OF THAT, WE DO ENCOURAGE THEM TO UTILIZE THE ARCHITECTURAL FEATURES THAT THE SMALLER BUILDINGS ARE HAVING, SO THAT THERE IS SOME KIND OF CROSSOVER, CONTINUITY WITHIN THE DEVELOPMENT. AND SO, AS I SAID, YOU HAVE QUITE A BIT OF HISTORY ON THE SITE. IT WAS ANNEXED IN 84, THAT PD WAS AMENDED IN 1985. AND IT WAS OWNED TO PD 179 LAST YEAR. AND YOU ALSO SAW IT EARLIER THIS YEAR, AND IT CAME BEFORE YOU ON JULY 14TH AND IT WAS TABLED UNTIL THIS MEETING. YOU HAVE TWO-- HAVE HAD TWO COUNCIL WORKSHOPS FOR THE CHANGES PROPOSED BEFORE YOU TODAY. ON APRIL 17TH AND MAY 15TH. IT IS CONSISTENT WITH THE COMPREHENSIVE PLANNED LAND USE GOALS AND STRATEGIES, AND WE DID HAVE PROPERTY NOTIFICATION GO OUT TO PROPERTY OWNERS WITHIN 200 FEET. THERE ARE SIGNS OUT THERE, AND WE HAVE NOT RECEIVED ANY CORRESPONDENCE. SO, STAFF DOES RECOMMEND APPROVAL OF THE PD AMENDMENT FOR PD 179, AS IT IS CONSISTENT WITH ADJACENT ZONING AND LAND USES, CONSISTENT WITH THE FUTURE LAND USE MAP, AND CONSISTENT WITH THE COMPREHENSIVE PLANS, GOALS AND STRATEGIES. ALSO APPROVAL WAS RECOMMENDED AT THE JUNE 16TH MEETING. >> COUNCIL, ARE THERE ANY QUESTIONS? THE APPLICANT IS HERE? DO YOU HAVE ANYTHING? >> MY NAME IS TIM THOMPSON. WE ARE THE OWNERS AND DEVELOPERS OF THE SITE. I APPRECIATE YOUR TIME THIS EVENING. MARY AND I WERE TALKING BEFORE THE EVENING, THAT THIS PROJECT HAS SPENT HER ENTIRE LIFE. SHE'S VERY DEDICATED, AND SHE HAS BEEN VERY HELPFUL. SAME WITH CLYDE. WE HAVE BEEN WORKING CLOSELY WITH THOSE TWO. THEY DO A TREMENDOUS JOB. YOU HAVE A GREAT STAFF HERE. SOME GOOD NEWS, I TALKED WITH CHIPOTLE THIS WEEK, AND THEY WERE BREAKING ABOUT HOW STRONG THE SALES WERE ACROSS THIS AREA. I THINK THEY HAVE DOUBLED THEIR PROJECTIONS THE FIRST WEEK AND THEY ARE TRENDING UPWARDS. SO THEY WERE VERY EXCITED ABOUT MIDLOTHIAN. WHICH IS WHY WE ARE EXCITED ABOUT MIDLOTHIAN. YOU MAY NOTICE THAT WE HAVE STARTED CONSTRUCTION. IN OUR PROFESSIONAL EXPERIENCE, IT'S HARD TO LEASE A SUNFLOWER FIELD UNLESS YOU ARE HUNTING OR FISHING. SO WE'VE ELECTED TO START THE PROCESS. WE ARE GETTING SOME GREAT CALLS FROM USERS. WE ARE READY TO TRANSACT. BUT RIGHT NOW I DON'T HAVE MUCH I CAN WORK ON. SO WE APPRECIATE YOUR TIME, AND SORRY FOR GETTING YOU A COUPLE WEEKS IN A ROW. BUT YOU ARE ALL GOING 6-0 WITH EVERYONE BEFORE US. SO LET'S KEEP IT UP. HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. >> COUNCIL, ANY QUESTIONS? >> MIND RELATES BACK TO THE SAME CONVERSATION WE WERE HAVING, AT THE LAST MEETING. I FEEL LIKE SOMETIMES WE GET OUR CAR IN FRONT OF OUR HORSE, AND I DO APPRECIATE THE REFINEMENT OF THE SITE PLAN, TO SHOW A LARGE-FORMAT BUILDING, OR A JUNIOR ACREAGE SIZED BUILDING, ON THE COMBINED LOT END. ALL WE HAVE TO DO IS SAY WE ARE GOOD WITH A SINGLE LARGE USER OR NOT, TWO HOTELS, SOME SMALLER USERS, SO WE CAN HAVE A HIGHLY EMINENT EYES FACILITY IN THE MIDDLE, WHICH I THINK IS AN EXCELLENT CHANGE WHICH YOU GUYS HAVE MADE. BUT YOU DID REMOVE THE LABEL THAT SAID CHURCH I'M NOT AGAINST CHURCHES, I THINK EVERYTHING STAFF IT'S OWN PROCESS, AND IF A [00:45:02] CHURCH US TO COME IN AND TAKE THAT FACILITY, AND MAKE IT THEIR OWN, THEN WE HAVE A COUNCIL PROCESS FOR THEM TO DO THAT. THERE WAS ONE PROVISION IN THE DRAFT AMENDMENT, UNDER THE PARKING RAGS, WHICH ADDED SPECIFIC LANGUAGE RELATED TO PARKING REQUIREMENTS BEING ALLOWED TO EXCEED THE ZONING FOR PLACES OF WORSHIP. THAT WAS NOT IN THE ORIGINAL PD 179, A FIRE MEMBER CORRECTLY. IT WAS ADDED IN. SINCE THAT'S NOT A CONTEMPLATIVE USE AT THIS POINT, STILL NOT A CONTEMPLATIVE USE, THEN WE HAVE THE CART IN FRONT OF THE HORSE ON THAT MATTER. IF THAT'S SOMETHING THAT THE CHURCH WANTS TO COME IN AND LOOK AT THAT LOT, AND PRESENT THE CASE AS TO WHY THEY SHOULD BE ABLE TO EXCEED THE PARKING REGULATIONS, THEN WE HAVE AN APPROPRIATE VEHICLE FOR THAT. AND THEY CAN COMMENT ARTICULATE THAT FOR THE BUILDING OVER 10,000 SQUARE FEET. I SHOULD SAY THE LOT TEN BUILDING, BECAUSE HE LARGE-FORMAT HOME IMPROVEMENT STORE WHICH WAS CONTEMPLATIVE FROM THE BEGINNING HAD IT'S OWN CRITERIA. AND THE BUILDINGS OVER 20,000 SQUARE FEET HAD THEIR OWN CRITERIA. AND LESS-- MAYBE SOME OF THOSE MULTI-TENANTS ARE OVER 25. I DOUBT IT. YOU ONLY HAVE ONE THAT FITS THAT DESCRIPTION. AND I JUST FEEL THAT IT IS INAPPROPRIATE FOR US TO PUT THAT PROVISION IN THERE WHEN IT IS NOT ACTUALLY CONTEMPLATED USE IN THE BASE PLAN DEVELOP AND THAT WE HAVE RIGHT NOW. >> SO, THE REASON THAT THE PARKING CALCULATION WAS IN THERE,-- IN THEIR, WHEN WE LOOKED AT THE LAND USES, ONE OF THE USE, LIKE THE DRIVE-THROUGH RESTAURANT, IT HAD SPECIFIC U USES, PARKING REQUIREMENTS &-AMPERSAND REQUIREMENTS AND DRIVE-THROUGH CRITERIA. THE HOME-IMPROVEMENT STORE, THE ORIGINAL PD 179 HAD SPECIFIC CRITERIA, EVEN THOUGH WE DID NOT HAVE A FULL-- AND SAME WITH THE C-STORE. THEY HAD SPECIFIC REQUIREMENTS IN THE ORIGINAL PD THAT GOT REFINED AS PART OF THE SITE PLAN. WHAT WE WERE TRYING TO ACHIEVE WITH INCLUDING ANY POTENTIAL USERS THAT WOULD GO IN IS TO MAKE SURE THAT WE HAVE ALL THE LAND USE REGULATIONS AND THE SPECIFIC THINGS THAT MIGHT COME UP THAT ARE RELATED TO POTENTIAL USERS HANDLED IN ONE PD, AND THE SITE LANDS CAN FOCUS ON THE LAYOUT OF THE LOT, WITH THE PARKING, DOESN'T MEET THAT REQUIREMENT, DOESN'T MEET THE ELEVATION AND ARCHITECTURAL. AND THAT WAY IT IS ALL INCLUDED-- DOES IT MEET THE ELEVATION AND ARCHITECTURAL. THAN IT IS INCLUDED WITH EVERYTHING, INSTEAD OF HAVING TO DO AN AMENDMENT EACH TIME APD COMES BACK. >> WHICH I AGREEMENT WITH THE USES CONTEMPLATED IN THERE. EVEN ON THOSE, WE HAD TO DO REFINEMENT ON THE INDIVIDUAL USERS, AS THE REQUIREMENTS CAME TO BEAR, WE HAD THOSE CONVERSATIONS AT THAT TIME. BUT I THINK WE ARE SAYING, IF WE WANT TO SHORT-CIRCUIT-- OR PREEMPT ANY POTENTIAL USERS THAT ARE OUT THERE, WE DO NOT HAVE A SPECIFIC PARKING RATIO FOR A MOVING THEATER THAT ALLOWS IT TO EXCEED OR IT DOESN'T. OR FOR A THEATER. IF SOMEBODY WANTED TO BUILD A THEATER THERE TO PUT ON PLAYS. SO THERE IS A SPECIFIC NARROW PURPOSE TO THAT. SO I FEEL LIKE THAT DOES NOT NEED TO BE IN THE BASE PD. THAT NEEDS TO BE IN THE CONVERSATION AND THE TIME OF THE-- AT THE TIME OF THE APPLICATION FOR THE SPECIFIC USE, AND DETAILS COME BEFORE COUNCIL. THE REST OF IT I HAVE NO PROBLEM WITH. BUT SINCE THAT IS NOT A USE THAT WAS CONTEMPLATED WITHIN THE ORIGINAL PLANNED DEVELOPMENT, I FEEL LIKE WE ARE PUTTING THE CART IN FRONT OF THE HORSE THERE. SO I WOULD ADVOCATE WITH THE-- FOR APPROVAL WITH THE REMOVAL OF THAT ONE PROVISION. THE REST OF THE COUNCIL MIGHT HAVE A DIFFERENT OPINION ON THAT. >> I WAS GOING TO ASK IF YOU WANT TO REPLACE "PLACE OF WORSHIP" WITH A BUILDING OVER 20,000 SQUARE FEET, OR ELIMINATED. -- ELIMINATE IT. [INDISCERNIBLE] >> LET ME ADD ON TO THAT AND SEE IF THIS IS WHAT YOU ARE SAYING. I HATE TO THROW THE WHOLE THING OUT, BUT I AM NOT LOCKED IN. SO I HATE TO DENY THE WHOLE THING. BUT, AS FAR AS WHAT IS IN FRONT OF US NOW, I WOULD RATHER THE HOTELS. SO, UNLESS WE CAN APPROVE EVERYTHING, EXCEPT THIS ONE AREA,-- I HATE TO-- I AM GOOD WITH IT, I LIKE THAT YOU HAVE DONE THE UNIFORM SIGNAGE ON THE BUILDINGS. I AM VERY GRATEFUL FOR THAT. BECAUSE I AM BEGINNING TO BE MORE OPINIONATED ON THAT. THAT IS WHERE I STAND ON THIS. I DON'T WANT TO STOP THE WHOLE THING IN IT'S TRACKS. [00:50:01] BUT I AM NOT FOR IT, DOWN THERE. >> I AGREE WITH WHAT COMMISSIONER WEAVER WAS TALKING ABOUT. LET ME ASK YOU A QUESTION. TYPICALLY WITH THE CHURCH SITUATION, UNLIKE THE HOME-IMPROVEMENT TYPE OF PLACE, OR SOME OF THESE OTHER ONES, WE RATIO PARKING BASED UPON-- HOME-IMPROVEMENT, 325 SQUARE FEET, ONE SPACE. YOU KNOW? IF WE DO HAVE A CHURCH THAT COMES BACK AND FORTH, WHICH IS WHAT I PROPOSE, A LOT OF TIME WITH CHURCHES, IN DEALING WITH, IT'S CAPACITY OF SEATING IN THE AUDITORIUM. IT'S A LITTLE BIT DIFFERENT. >> THAT'S CORRECT. >> THAT'S WHY I AM IN FAVOR WITH SAYING ON THE INITIAL ONE, STRIKE OUT ANYTHING THAT IS RELATED TO CHURCH. MORE THAN A 10,000 SQUARE-FOOT LOT TEN. ARCANE. AND IF A CHURCH COMES BACK AND SAYS THIS IS WHAT WE WANT TO DO, THAT IS GOING TO BE PART OF THAT CONVERSATION AS WELL, AND IT WILL HAVE SOME NUANCE ABOUT IT. NOT ONLY IS IT A CHURCH, BUT A NONPROFIT AND A WHOLE LOT OF NUANCE. PARKING ISSUES, SAME THING. DIFFERENT RATIO ANYWAY. >> THAT IS CORRECT. AND THAT WAS ONE OF THE THINGS THAT WE WANTED TO INCLUDE. A MAXIMUM NUMBER, IF THAT USE WERE TO COME, VERSES ALLOWING WHATEVER PARAMETERS THEY WOULD REQUEST. >> WE MAY NOT KNOW THAT IN TILL WE BRING PLANS TO IT. IS A GOING TO BE A GYMNASIUM? WE DON'T KNOW THAT UNTIL LEGAL THROUGH THE WHOLE PROCESS. I AGREE WITH THE INITIAL, AND I DON'T THINK WE NEED TO HAVE THAT KIND OF LANGUAGE AND IT. >> EVEN OUTSIDE OF THE LANGUAGE, I'M TRYING TO WRAP MY BRAIN AROUND THE IDEA OF HAVING A LOOSE 20,000 PLUS SQUARE-FOOT BUILDING THAT WE ARE NOT REALLY SAYING THE INTENDED USE-- WE ARE NOT SAYING ANYTHING ABOUT IT-- LIKE, I'M NOT GOING TO APPROVE THAT. >> THERE IS NO ENTITLEMENT ON THIS LOT. OTHER THAN THAT BUT PRINT. SO TO MARION'S POINT, ANYTHING OVER 20,000 SQUARE FEET WOULD HAVE TO COME BACK THROUGH. SO THAT LOT TEN, THAT FOOTPRINT CAN MORPH. AND IT WILL MORPH SLIGHTLY WHEN THE DETAILS COME BACK. AND TO MR. WEAVER'S POINT, WE CAN ADDRESS THE PARKING AT THAT POINT AS WELL. SO THIS COULD COME BACK AS TWO HOTELS. SO THAT LOT, YOU ARE JUST LOOKING AT THAT FOOTPRINT. NO USE ASSOCIATED WITH IT AT THAT POINT. >> I'M LOOKING AT IT AS A STENT-- FROM A STANDPOINT, DEVELOPERS WILL HAVE A JUNIOR INC., WHICH IF YOU LOOK ACROSS THE STREET AT THE LOWES, YOU HAVE THAT SPOT THAT LOOKS LIKE IT'S ABOUT TO OPEN NEXT WEEK. BUILDINGS OVER 20,000 SQUARE-FOOT BACK THEY WEREN'T THE LARGE FORMAT HOME-IMPROVEMENT STORE CONTEMPLATED IN THE ORIGINAL PD. SO THAT'S WHY I DON'T HAVE A LOT OF HEARTBURN IF THEY ARE SAYING WE WANT TO CONSOLIDATE THIS IN MASS, THIS HAS TO BE ONE LARGE BUILDING HERE, IN EACH POTENTIAL USER OF THAT LARGE BUILDING CAN COME IN AND MAKE THEIR CASE AS TO WHY THEY WILL BE A USER, AND WE CAN HAVE THAT DAY IN COURT. WHETHER IT IS A MOVIE THEATER, A BOWLING ALLEY, AND INDOOR CART TRACK, A CHURCH. IT COULD BE A NUMBER OF USES. IT COULD BE A LARGE HOTEL PERIDOT IS ONE BIG FOOTPRINT. I THINK WHAT THE DEVELOPER IS ASKING FOR US TO DO IS SAY THAT WE ARE OKAY WITH THEM GOT IN TO ONE LARGE BUILDING, INSTEAD OF FOUR SMALLER BUILDINGS, AS IT WAS DRAWN ORIGINALLY. AND I AM PERSONALLY FINE WITH THAT CONCEPT. >> SO WE ARE SAYING THE THING THAT WILL TRIGGER, NOT ONLY THE DESIGN WITH THE 20,000-- OVER 20,000 SQUARE-FOOT, THAT WILL BE THE DESIGN, BUT THE ACTUAL USE-- I MEAN, A CHURCH CAN GO ANYWHERE. SO IS IT PARKING? IS A PARKING YOU'RE TALKING ABOUT? >> IT CAN GO BIG OR AS LONG AS IT MEETS THE REGULATIONS-- NOT THEY USE REGULATIONS, BUT THE PARKING REGULATIONS. DRIVEWAY SPACING, ELEVATION REQUIREMENTS. DETAILED SITE PLANS. LANDSCAPING PLANS. ALL THESE ELEMENTS. THAT IS IN THE USED CHART. THAT WE HAVE. AND APPROPRIATELY SET. RATE? BUT AT THE END OF THE DAY THERE ARE REQUIREMENTS THAT HAVE TO BE MET IN OUR CODE BEYOND JUST THE STRIP-- USE ITSELF. >> I GUESS I AM JUST HEARING TWO DIFFERENT POSSIBILITIES HERE. SO WE ARE AWARE, CAN THE ENTIRE [00:55:03] DEVELOPMENT BE APPROVED IF-- I WILL SAY THE ENTIRE-- CAN YOU STILL APPROVE THIS AS PRESENTED IF YOU CARVED OUT LOT TEN? >> YOU COULD CARVE OUT LOT TEN, AND LOT TEN WOULD GO BACK TO REQUIREMENTS THAT WERE IN PREVIOUS, APPROVED PD. LOT TEN WOULD HOLD THOSE REQUIREMENTS. >> OKAY. >> SO THE CHALLENGE THAT I HAVE WITH THAT IS LOT TEN IS AN AMALGAMATION OF FOUR LOTS THAT-- SOME OF THOSE THAT WERE PROPOSED IN THIS PLAN TO PUT WATER. SO TO DO THAT, YOU HAVE TO SAY WE CANNOT APPROVE LOT FIVE. PART OF LOT FIVE WAS IN THAT LANDMASS. AND IF YOU'RE NOT GOING TO DO THAT, I MEAN-- WE CAN SEE THE DOMINOES THAT ARE STARTING TO PAUL AT THIS POINT. >> YOU MAYBE CREATING MORE OF A HEADACHE BY CARVING THAT OUT. >> 100%. AND I KNOW WE CAN APPROVE IT CARVING OUT ONE PROVISION OF THE PD LANGUAGE ITSELF. >> WE LOOKED AT THAT LAST TIME, AND WE SAW THAT THERE WAS MULTIPLE-- THREE, IF I AM NOT MISTAKEN, PLOTS AFFECTED BY THAT DECISION. >> I DO NOT DISAGREE. I THINK WHAT I AM TRYING TO FIGURE OUT, FROM WHAT I AM HEARING, AND I DON'T WANT TO SPEAK FOR YOU, BUT EVERYBODY IS IN AGREEMENT WITH 80 TO 90% OF THE DEVELOPMENT. SO HOW CAN WE LET HIM MOVE FORWARD WITH HEARTS THAT EVERYONE SEEMS TO BE IN AGREEMENT WITH. AND IF THAT IS THE VOTE, WE WILL TRY TO SEND IT THROUGH AS A WHOLE. >> YOU ARE NOT GOING TO BE ABLE TO AMEND THAT PART FOR HAVE DIFS ALONG HERE. YOU HAVE THE MEDICAL-- YOU COMES BACK TO DO A SITE PLAN ON LOT TEN AND WHAT ARE THE REQUIREMENTS. [INDISCERNIBLE] >> HE IS TALKING ABOUT THE SITE PLAN. WE CANNOT COMPLY WITH THE LANGUAGE. >> YOU CAN CARVE OUT-- FOR THE PARKING YOU CAN CARVE OUT... BUT LET'S NOT FORGET THE ELEPHANT IN THE ROOM, IT WAS DESIGNATED FOR A CHURCH BEFORE. AND THAT IS THE CONCERN. AS DISCUSSED AT THE PREVIOUS COUNCIL MEETING, CHURCHES CAN COME IN TO THE ZONING DISTRICTS AND THEY DO HAVE TO MEET OUR BASIC REGULATIONS AND REQUIREMENTS. >> IT DOESN'T MATTER WHAT GOES IN-- >> SO YOU LOOK AT THE ASSEMBLY-- >> IF A HOTEL CAME IN THEY WILL HAVE TO DO A WHOLE PERMITTING PROCESS. IT DOESN'T MATTER WHAT COMES IN. A CHURCH, WHATEVER. WE JUST HAVE TO HAVE THE CONVERSATION WHEN IT IS TIME. >> I THINK WE HAVE HEARD EVERYBODY'S OPINION. I DON'T SEE LIGHTS ON, EXCEPT FOR CLARK'S. >> MINE IS TO CALL FOR A MOTION. >> I WILL TAKE A MOTION TO APPROVE, BUT WE STRIKE SECTION 2E7C. >> I HAVE A MOTION FROM COUNCILLOR WEAVER, IS THERE A SECOND? IS THERE A SECOND? COUNCIL PLEASE VOTE. [EXECUTIVE SESSION ] ITEM PASSES SIX TO ZERO. THANK YOU. COUNCIL, WE DO HAVE EXECUTIVE SESSION TONIGHT. THE CITY COUNCIL WILL CONVENE IN TO EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SECTIONS OF THE TEXAS GOVERNMENT CODE. EXECUTIVE SESSION ITEMS ARE DISCUSSED IN A CLOSED SESSION, BUT ANY AND ALL ACTIONS IS TAKEN IN A OPEN AND REGULAR AGENDA. WE ARE GOING FOR SECTION 55-POINT-- 551.071-2. CONSULTATION WITH THE CITY ATTORNEY OF ANY AND... AND SECTION 551.087, ECONOMIC DEVELOPMENT. DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT, AND TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT, >> OKAY. IT IS 7:21 P.M. THE COUNCIL HAS RECONVENED FROM EXECUTIVE SESSION. THERE I * This transcript was compiled from uncorrected Closed Captioning.