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[00:00:03]

>>> GOOD EVENING. IT IS 6:00 P.M., TUESDAY JULY 14TH. I CALL THE COUNCIL TO ORDER.

COUNCILMAN COFFMAN, PLEASE LEAD US IN THE INVOCATION AND THE

PLEDGES. >> BOW WITH ME, IF YOU WOULD.

FATHER, WE COME BEFORE YOU THIS EVENING, HUMBLY LORD, WE COME BEFORE YOU ASKING FOR YOUR GUIDANCE AND DIRECTION AS WE ATTEMPT TO DO WHAT'S IN THE BEST INTEREST OF THE CITY AND ITS CITIZENS. GOD, I LIFT UP THIS MEETING.

I PRAY THAT YOU WOULD HAVE YOUR WAY IN US AND THROUGH US, GOD, THAT YOUR WILL WOULD BE DONE IN THE CITY OF MIDLOTHIAN.

I PRAY THAT TONIGHT WOULD BE A GOOD NIGHT FOR THEM.

LORD, I LIFT UP ALL OF THE CITIZENS OF MIDLOTHIAN AND THE SURROUNDING AREAS. GOD, I PRAY THAT YOU WOULD TOUCH THOSE THAT NEED TO BE TOUCHED AND BRING HEALING TO THOSE THAT NEED YOUR HEALING TOUCH. LORD, BE WITH US AS WE MAKE DECISIONS FOR THIS CITY, AND BE US AS WE EXIT THESE FACILITIES TONIGHT. AMEN.

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

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

AND INDIVISIBLE. >> GOOD AFTERNOON OR EVENING.

[Citizens to be heard (Part 1 of 2)]

AGENDA ITEM 2020-225. CITIZENS TO BE HEARD.

THE COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED ON THE AGENDA.

IF YOU WISH TO SPEAK, COMPLETE A FORM WITH THE CITY SECRETARY, YOU WILL HAVE THREE MINUTES. PLEASE IDENTIFY YOUR NAME AND ADDRESS BEFORE YOU SPEAK. WE HAVE ONE SPEAKER SIGNED UP,

ALAN HORMAN. >> RUGGED TRAIL.

I JUST WANTED TO TAKE A MOMENT. LAST WEEK I KNOW THAT I WAS LISTENING TO SOME OF THE DISCUSSION AROUND THE MOST RECENT GOVERNOR'S ORDER AS FAR AS HOW IT SHOULD BE INTERPRETED AND HOW THAT PERTAINED TO THE CITY HERE IN MIDLOTHIAN AND LEADING UP TO THAT MOMENT, THERE WAS A LOT OF CONCERN NOT ONLY FROM OUR BUSINESS BUT A LOT OF BUSINESSES IN THE COMMUNITY AROUND HOW SOME OF THOSE INTERPRETATIONS MAY BE APPLIED TO THE CITY AND I JUST WANTED TO TAKE A MOMENT TONIGHT AS I HEARD FROM A LOT OF FOLKS IN THE COMMUNITY.

I KNOW THERE'S A LOT OF APPRECIATION TO THE CITY AND THE COUNCIL ALONG WITH THE CITY STAFF AROUND JUST THE DUE DILIGENCE THAT WAS PLACED ON DIGGING INTO THE INTERPRETATION ON HOW THAT APPLIES TO THE COMMUNITY AND THEN HOW IT IS ENFORCED ON THE BACK END. AND SO I APPRECIATE THE COUNCIL'S DILIGENCE ALONG WITH CITY STAFF AND PUTTING IN THAT DUE DILIGENCE TO FIND THAT INTERPRETATION.

SO THANK Y'ALL. >> PUBLIC HEARINGS.

[Item 2020-226]

I OPEN ITEM 2020-226. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR A CONTRACTOR'S SHOP AND STORAGE YARD RELATING TO THE USE AND DEVELOPMENT OF 13.5 ACRES PLUS OR MINUS OF LAND IN THE J. WATSON SURVEY, ZONED LIGHT INDUSTRIAL ALONG SHILOH ROAD AND HIGHWAY 67. TRENT, IT'S GOOD TO SEE YOU AGAIN. IT'S BEEN A WHILE.

>> IT HAS. APPRECIATE IT.

A CONTRACT FACILITY REQUIRES SPECIFIC USE PERMIT WITHIN THE INDUSTRIAL LIGHT ZONED DISTRICT. THE PROPERTY IS LOCATED IN THE NORTHERN PORTION OF MIDLOTHIAN OF HIGHWAY 67 FRONTAGE ROAD.

THIS PORTION OF PROPERTY, THE FUTURE LAND USE MODEL IS AN INDUSTRIAL MODULE. THE PROPOSED USE OF A CONTRACTED FACILITY IS CONSISTENT WITH THE FUTURE LAND USE OF INDUSTRIAL MODULE. WITHIN THE COMPREHENSIVE PLAN IT SAYS INDUSTRIAL MODULE PROVIDES FOR A COMBINATION OF USES THAT SUPPORT INDUSTRIAL ACTIVITIES, FOR INDUSTRIAL USES OFTEN FEATURES LARGE STRUCTURES WITH LARGE FLOOR PLATES, USED FOR

[00:05:04]

MANUFACTURING, SHIPPING, AND STORING MATERIALS AND PRODUCTS.

AS PREVIOUSLY MENTIONED THIS IS USE THAT'S CONSISTENT WITH THIS MODULE. THE PROPOSED USE, I'LL GIVE A LITTLE MORE DESCRIPTION OF THIS PROPERTY.

THIS PROPERTY ABUTS THE CITY LIMITS, THE MOST NORTHERN PORTION, ABUTS THE CITY LIMITS. JUST ON THE OTHER SIDE IS THE CITY LIMITS FOR CEDAR HILL. IF YOU LOOK RIGHT HERE, YOU'LL SEE THIS BLUE LINE, THAT CUTS THE PROPERTY RIGHT HERE, THIS IS CEDAR HILL AND THE REST OF THIS IS THE CITY OF MIDLOTHIAN.

EVERYTHING THAT YOU HAVE IN FRONT OF YOU THAT WE'LL BE DISCUSSING TONIGHT WILL BE CONCERNING THE CITY OF MIDLOTHIAN SIDE. WE HAVE NOT SEEN ANY PLANS OR ANYTHING IN REGARDS OR HEARD ANYTHING IN REGARDS IF ANY OF THIS WILL BE DEVELOPED FOR ANYTHING REGARDING THE CONTRACTOR'S FACILITY. HOWEVER IF THEY WERE TO DEVELOP RIGHT HERE, WE HAVE NO JURISDICTION OVER THAT PORTION.

SO ONCE AGAIN WE WILL BE ADDRESSING THIS.

BUT WE DO HAVE PROVISIONS IN ORDER TO PROTECT OUR AESTHETICS BECAUSE WE DO LOOK AT THIS AS A GATEWAY TO THE CITY, ESPECIALLY ON HIGHWAY 67 BEING VERY VISIBLE TO THE INCOMING TRAFFIC.

RIGHT HERE YOU'LL SEE THE PROPOSED LANDSCAPE PLAN SHOWS THE PREMIER TREES GOING ALL THE WAY OUT TO THE BLUE LINE AND ACTUALLY EXTENDS NORTH INTO CEDAR HILL.

WE WORKED VERY CLOSELY WITH THE APPLICANT.

I ALSO WORKED CLOSELY WITH THE CITY OF CEDAR HILL AND LET THEM KNOW ABOUT WHAT WAS COMING JUST TO BE GOOD NEIGHBORS TO THEM.

RIGHT NOW THE PLAN IS TO HAVE TREES RIGHT HERE THAT MEET OUR SCREENING REQUIREMENTS AND THE PURPOSE OF THIS IS TO SCREEN FROM THE OUTSIDE STORAGE RIGHT HERE.

SO YOU HAVE THAT VIEW FROM THIS OUTSIDE STORAGE RIGHT HERE.

WE HAVE A PROVISION THAT IN ANY CASE THESE TREES ARE NOT HERE, THEY'RE REQUIRED TO HAVE TREES GOING ALL THE WAY DOWN THE CITY LIMIT LINES TO CONTINUE TO PROVIDE THAT SCREENING THAT WE WOULD REQUIRE. SO AS THAT ADDITIONAL PROTECTION TO PROTECT THAT GATEWAY. WORKING WITH THE CLIENT, WE'VE WORKED WITH THEM AND EXPLAINED TO THEM THAT WE DO CARE ABOUT THE AESTHETICS ESPECIALLY IN THIS AREA.

WHAT WE CAME UP WITH AND WHAT THEY CAME UP WITH, LET ME PULL UP THE AESTHETICS IS SHOWING A BUILDING NOT TYPICALLY SEEN FOR A CONTRACTOR FACILITY. THEY'VE USED VARIOUS ARCHITECTURAL ELEMENTS SUCH AS BURYING OF BUILDING HEIGHTS, COLUMNS, CORNICE DETAILING, WAINSCOTTING, DIFFERENT MATERIALS TO OFFSET THE BUILDING, BOTH VERTICAL AND HORIZONTAL ARTICULATION FOR THE BUILDING'S ARCHITECTURAL FEATURES. THEY ARE ALL MEETING ALL SCREENING AND FENCING REQUIREMENTS.

THIS PROJECT IS BUILT INTO PHASES.

THEY HAVE TWO DIFFERENT PHASES, THEY HAVE PHASE ONE WHICH ENCOMPASSES THE TRC BUILDING WHICH IS THE ELEVATIONS THAT I JUST SHOWED YOU. AND THEN PHASE TWO WOULD BE THE REST OF THIS AND ANY FUTURE EXPANSION OF THIS TRC BUILDING.

ANY FUTURE PHASE WILL BE REQUIRED TO COME BEFORE YOU FOR ADOPTION OF THOSE FUTURE ELEVATIONS AND EXPANSION.

THEY DID PROVIDE A PLENARY SITE PLAN OF WHAT PHASE TWO WOULD LOOK LIKE. ONCE AGAIN ONCE THOSE BUILDING ELEVATIONS COME IN, THEY WOULD BE REQUIRED TO BRING THE BUILDING ELEVATIONS FOR FUTURE APPROVAL FROM THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL.

ONCE AGAIN THEY DID MEET ALL OF OUR ARCHITECTURAL REQUIREMENTS, ALL OF OUR ELEVATION REQUIREMENTS ON ALL SIDES OF THE BUILDING, NOT JUST THE FRONT OF THE BUILDING, THEY ACTUALLY WENT ABOVE AND BEYOND AND MADE SURE THAT EVEN THE REAR OF THE BUILDING WAS MEETING OUR ARCHITECTURAL REQUIREMENTS.

THE ROOFTOP EQUIPMENT WAS BEING SCREENED IN ACCORDANCE WITH THEIR CODE. THE ROOF IS PROMINENTLY FLAT BUT THERE IS A SLIGHT SLOPE TO IT IN ORDER FOR PROPER DRAINAGE OFF THE ROOF. WITH THIS DEVELOPMENT, STAFF DOES RECOMMEND APPROVAL OF THE PROPOSED SPECIFIC USE PERMIT.

WE DO FIND THIS CONSISTENT WITH MEETING ALL OF OUR REQUIREMENTS AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> THE CITY LIMITS LINE WOULD BE TREES ON THAT AS WELL?

>> YES. SO RIGHT HERE WE HAVE TREE GOING

ALL THE WAY UP HERE. >> THE ONE ON THE BLUE LINE?

>> IF IN THE EVENT THESE TREES RIGHT HERE ARE NOT PLANTED ON THE CEDAR HILL SIDE, THEY WOULD BE REQUIRED TO PROVIDE SCREENING

-- >> OKAY.

>> THE 13.5 ACRES IS THAT JUST LAND IN MIDLOTHIAN?

>> CORRECT. THE ACREAGE SHOWN IN THE

[00:10:04]

ORDINANCE THE 13.5 ACRES IS ONLY IN THE CITY LIMITS.

>> AND WHAT ABOUT THE PIECE IN CEDAR HILL --

>> I THINK THE OWNER IS HERE. I BELIEVE IT WAS SEVEN ACRES OR

SO. >> IT LOOKS LIKE 1/4 MAYBE.

A PIECE OF CONCRETE IS IN CEDAR HILL?

>> A PORTION OF IT, THIS LITTLE PORTION RIGHT HERE.

>> DO THEY HAVE TO GET PERMITS FOR THAT?

>> THEY ACTUALLY MEET ALL OF CEDAR HILL'S REQUIREMENTS FOR THAT LITTLE CORNER RIGHT HERE. WE DID LOOK AT A STATE LAW SEEING IF WE COULD DO EVERYTHING IN PARLANCE WITH PERMITTING, UNFORTUNATELY WE CAN'T UNLESS WE CAME UP WITH SOME SORT OF AGREEMENT WITH THE CITY OF CEDAR HILL.

THE MAJORITY IS CONCRETE GOING TO BE OUR STANDARDS FOR THE

OUTSIDE STORAGE PAD RIGHT HERE. >> I'M JUST GLAD THEY PUT THE

EXPENSIVE PART IN MIDLOTHIAN. >> THE DRIVE, THE ACCESS OFF OF SHILOH, ARE WE GETTING THAT IN PHASE ONE?

>> PHASE ONE DOES NOT INCLUDE THAT.

PHASE ONE WILL GO UP HERE. BUT THEY WILL BE PROVIDING ALL OF THE SCREENING AROUND SHILOH. PHASE ONE DOES MEET ALL OF OUR FIRE REQUIREMENTS FOR ACCESS. SO PHASE ONE, THE ROAD, THE FIRE LANE DOES NOT CONTINUE ON, IT STOPS AT THIS PERIMETER LINE.

>> SO JUST A SINGLE ACCESS POINT OFF OF THE SERVICE ROAD?

>> RIGHT. >> DO I HEAR A MOTION?

>> THIS DOES REQUIRE PUBLIC HEARING.

>> DON MYERS. I'M THE APPLICANT, OUR TEAMS WORKED HARD TO ADDRESS THE STAFF COMMENTS AND WORKED WITH TRENT.

SO IF YOU HAVE ANY QUESTIONS FOR ME, I'M AVAILABLE.

>> I DON'T THINK SO. THANK YOU.

>> THANK YOU. >> DO YOU HAVE A MOTION?

>> I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> WE VOTE.

IT PASSES 5-0. >> MOTION TO APPROVE.

>> I HAVE A MOTION TO A PROVE. >> SECOND.

>> A SECOND. ITEM PASSES 5-0.

[Citizens to be heard (Part 2 of 2)]

THANK YOU. TRENT, IF YOU GIVE ME A MOMENT, WE'VE HAD TWO PEOPLE CITIZENS TO BE HEARD THAT FILED APPLICATIONS THAT WEREN'T NOTED. WE HAVE BRENT RATCLIFF.

YOU HAVE THREE MINUTES AND YOUR NAME AND ADDRESS PLEASE.

>> THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO SPEAK TONIGHT.

I'M HERE ON BEHALF OF RESIDENTS OF MIDTOWN.

OVER 70 HOUSEHOLDS COMPROMISING ABOUT 100 PEOPLE SIGNED A PETITION THAT I'D LIKE TO ENTER INTO THE RECORD REQUESTING A LANDSCAPE MEDIAN BE BUILT ON GEORGE HOPPER BETWEEN 9TH STREET AND 14TH STREET. WE HAVE THREE REAL GOALS IN THIS, NUMBER ONE IS SAFETY. AS YOU'RE AWARE MIDLOTHIAN HAS GROWN DRAMATICALLY, THE POPULATION HAS SWELLED AND THAT'S NOWHERE MORE EVIDENT THAN ON THE THOROUGHFARES OF 8TH, 9TH, 14TH STREET, GEORGE HOPPER. THIS INCREASE IN TRAFFIC ON THE SEVEN YEARS I'VE LIVED ON GEORGE HOPPER HAS BEEN DRAMATIC.

THE BUILDING OF HOMES AND BUSINESSES HAS IN ADDITION TO THE EXPANSION OF THE SCHOOLS HAS INCREASED THE NUMBER OF PEOPLE WALKING, BIKING, DRIVING, THE INCREASED PEDESTRIAN TRAFFIC INCLUDES PEOPLE OF ALL AGES AND STAGES RIDING BIKES AND SKATE BOARDS, WALKING DOGS, PUSHING STROLLERS, THOSE SORTS OF THINGS. SOME CITIZENS HAVE USED THIS ROAD AS A CONDUIT FOR RECREATION OF TRAVEL AND COMMERCE.

SOME HAVE ATTEMPTED TO TEST THE SPEED AND HANDLING OF THEIR MOTOR VEHICLES THROUGH RECKLESS DRIVING AND STREET RACING.

THERE HAVE BEEN MULTIPLE ACCIDENTS ON OUR STREET OVER THE PAST FEW YEARS. WE'VE HAD MANY CLOSE CALLS INVOLVING VEHICLE ON VEHICLE, VEHICLE AND PEDESTRIAN.

WE WOULD LIKE A MEDIAN BUILT. WE NOTICE THAT WHEN THE ON STREET PARKING IS FULL, VEHICLES ARE SLOWER.

WE'RE HOPING THE MEDIAN WILL ACCOMPLISH THOSE SAME GOALS AND SLOW TRAFFIC DOWN IN THAT AREA. SECOND IT WILL DEFINE OUR AREA AS A RESIDENTIAL AREA INSTEAD OF AN OVERALL COMMERCIAL AREA.

THIS IS THE SAME AS THE MEDIAN BUILT ON MAIN STREET FOR THOSE RESIDENTS. ONE OF THE BENEFITS OF LIVING IN MIDTOWN IS THE PROXIMITY TO SCHOOLS AND BUSINESSES, BUT IT DESERVES TO BE DIFFERENTIATED FROM THOSE AREAS.

AND FINALLY MIDLOTHIAN SPENT A CONSIDERABLE AMOUNT OF TIME AS YOU KNOW ACHIEVING THE GOAL OF BEING DFW'S SOUTHERN STAR.

CITY LEADERS LIKE Y'ALL, PLANNING AND ZONING, PARKS AND

[00:15:01]

RECREATION, POLICE AND FIRE DEPARTMENTS, MISD HAVE TRIED TO CREATE A SAFE, THRIVING HOME FOR THE THOUSANDS OF PEOPLE WHO LIVE HERE AND AN EXCITING OPPORTUNITY FOR BUSINESSES WISHING TO EXPAND THIS BEAUTIFY OCCASION EFFORT WOULD FURTHER THAT VISION.

I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE AND I'D ALSO INVITE YOU TO COME SIT ON MY FRONT PORCH WITH ME TO GET A FIRST HAND LOOK AT THE SOURCE OF OUR CONCERNS.

THANK YOU VERY MUCH. >> THE SECOND SPEAKER AMONDS,

PARDON ME. >> GOOD EVENING, COUNCIL MEMBERS. I'M HERE ON BEHALF OF THE DEVELOPER AT MIDTOWN. AND WE WANTED TO LET YOU KNOW THAT WE SUPPORT ALL OF OUR MIDTOWN RESIDENTS AND WE SUPPORT THEM IN THE GEORGE HOPPER MEDIAN PROJECT.

THANK YOU. >> THANK YOU VERY MUCH.

[Item 2020-227]

WE'LL RETURN BACK TO THE PUBLIC HEARINGS.

OPEN ITEM 2020-227. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE ACCEPTING A PETITION FOR VOLUNTARY ANNEXATION AND ANNEXING 18.45 ACRES OUT OF THE WILLIAM MORGAN SURVEY. ALL INHABITANTS AND OWNERS OF THE TERRITORY AND ALL RIGHTS AND PRIVILEGES OF THE CITIZENS AND BINDING ALL INHABITANTS BY ALL ACTS.

>> BACK IN DECEMBER 12, 2017, THE CITY OF MIDLOTHIAN ENTERED INTO A BOND AGREEMENT WITH THE PROPERTY OWNER.

THE DEVELOPER AGREEMENT DID STATE AT THAT TIME THAT THEY PROMISED TO MEET CERTAIN REGULATIONS REGARDING THE DEVELOPMENT THAT THEY WOULD NOT DEVELOP ON THIS PROPERTY THAT THEY WOULD MAINTAIN THEIR SPECIAL EVALUATION WHICH ALLOWED THEM TO BE ANNEXED IN THE FIRST PLACE.

THIS PROPERTY WAS LOCATED IN THAT SOUTHEAST ANNEXATION, THE THREE YEAR SOUTH'S ANNEXATION THAT DID OCCUR ON DECEMBER 12, 2017. THE PROPERTY OWNER DID APPROACH THE CITY AND THEY DID REQUEST TO COME INTO THE CITY TO BE ANNEXED INTO THE CITY LIMITS. WITHIN THE DEVELOPMENT AGREEMENT THERE IS A PROVISION WITHIN THE PLAN THAT DOES STATE THAT THERE IS DEVELOPMENT THAT DOES OCCUR THAT THE DEVELOPMENT AGREEMENT WOULD ACT AS THEIR PETITION TO VOLUNTARY ANNEX IN THE CITY LIMITS. HOWEVER THE CITY DID NOT ACT ON THE PETITION. ONCE AGAIN THIS IS A REQUEST BY THE PROPERTY OWNER TO VOLUNTARY ANNEX THEMSELVES INTO THE CITY LIMITS. IN ACCORDANCE WITH SECTION 212 AND 43.016, AND 43.035 WITH TEXAS GOVERNMENT LOCAL CODE, THIS ITEM DOES REQUIRE PUBLIC HEARING TO OFFICIALLY ANNEX -- ACCEPT THIS PETITION ANNEXING THIS INTO THE CITY LIMITS.

IF THE CITY DOES RECOMMEND APPROVAL THIS WOULD CLOSE UP SOME OF THE GAPS WITHIN THOSE HOLES OUT IN THE SOUTHEAST ANNEXATION AREA. STAFF DOES RECOMMEND APPROVAL AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

ONCE AGAIN THIS DOES REQUIRE PUBLIC HEARING.

>> MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION TO CLOSE THE PUBLIC HEARING. PLEASE VOTE.

PUBLIC HEARING IS CLOSED. 5-0.

IS THERE ANY DISCUSSION? >> MOVE TO APPROVE.

>> SECOND. >> MOVE TO APPROVE.

PLEASE VOTE. FINAL PASSES 5-0.

[Item 2020-228]

OPEN ITEM 2020-228, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE ACCEPTING A PETITION FOR VOLUNTARY ANNEXATION OF 2.3 ACRES IN THE A. JENKINS SURVEY.

>> THANK YOU. IN ACCORDANCE WITH THE PREVIOUS CODES MENTIONED IN THE LAST CASE, THIS ITEM IS ANOTHER VOLUNTARY ANNEXATION UNDER THE SAME CIRCUMSTANCES.

THEY HAVE REQUESTED TO BUILD A SINGLE FAMILY RESIDENTIAL HOME PER THE DEVELOPMENT AGREEMENT. HOWEVER THEY CAME AND FILED A PETITION THEMSELVES TO VOLUNTARY ANNEX INTO THE CITY LIMITS.

THIS ITEM DOES REQUIRE A PUBLIC HEARING.

THIS WAS FORMERLY LOCATED IN THE SOUTHEAST ANNEXATION AREA.

STAFF DOES RECOMMEND APPROVAL AND I CAN ANSWER ANY QUESTIONS

ABOUT THIS ITEM. >> THIS IS TOTALLY UNRELATED.

[00:20:08]

>> DO I HAVE A MOTION? >> MOTION TO CLOSE THE PUBLIC

HEARING. >> SECOND.

>> PLEASE VOTE. PUBLIC HEARING CLOSED 5-0.

DISCUSSION OR MOVE TO APPROVE? MOTION TO APPROVE.

>> SECOND. >> PLEASE VOTE.

ITEM PASSES 5-0. OPEN ITEM 2020-229 CONDUCT A

[Item 2020-229]

PUBLIC HEARING AND CONSIDER UPON AN ORDINANCE ACCEPTING A PETITION FOR VOLUNTARY ANNEXATION FOR 2.5 ACRES.

>> THANK YOU. THIS ONE IS RELATED TO THE PREVIOUS ITEM. SAME OWNER OF THE PROPERTY.

THEY DECIDED TO HAVE THIS AS A SEPARATE CASE DUE TO THAT REASONING. THEY ARE ONCE AGAIN UNDER THE SAME SECTIONS OF CODE AS PREVIOUSLY MENTIONED IN THE AFTERMENTIONED CASES. THIS ITEM DOES REQUIRE A PUBLIC HEARING. THIS WAS A PETITION BY THE APPLICANT INSTEAD OF ACTING UPON A DEVELOPMENT AGREEMENT REGULATIONS. STAFF DOES RECOMMEND APPROVAL AND THIS DOES REQUIRE A PUBLIC HEARING.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> MOVE TO APPROVE. >> SECOND.

>> MOTION TO CLOSE THE PUBLIC HEARING SECONDED.

PLEASE VOTE. PASSES 5-0.

DO I HAVE A MOTION TO ACCEPT THIS?

>> MOVE TO APPROVE. >> SECOND.

>> OKAY. PLEASE VOTE.

ITEM PASSES 5-0. THANK YOU, TRENT.

[Item 2020-230]

ITEM 2020-230 CONSIDER AND ACT UPON THE MINUTES FROM THE CITY COUNCIL MEETING OF JUNE 23RD AND 29, 2020.

>> MOVE TO APPROVE. >> SECOND.

>> MOTION TO APPROVE, SECONDED. ANY DISCUSSION? PLEASE VOTE. ALL IN FAVOR SAY AYE.

>> AYE. >> ANY OPPOSED? ITEM PASSES 5-0. THANK YOU.

[Item 2020-231]

ITEM 2020-231. CONSIDER AND ACT UPON A CHARITY CARE POLICY THAT WILL ENABLE THE CITY OF MIDLOTHIAN TO APPLY FOR REIMBURSEMENT PAYMENTS FROM THE TEXAS AMBULANCE SERVICE SUPPLEMENTAL PAYMENT PROGRAM. CHIEF?

>> GOOD EVENING, MAYOR AND COUNSEL.

I'LL INTRODUCE KEVIN CUNNINGHAM, OUR EMS CHIEF.

I'VE ASKED HIM TO PRESENT THIS AGENDA ITEM BECAUSE OF HIS EXPERIENCE AND INVOLVEMENT IN THIS ARENA.

SO KEVIN. >> MAYOR, COUNCIL, IT'S AN HONOR TO BE WITH YOU TONIGHT. THE FIRE DEPARTMENT IS ASKING FOR ADOPTION OF THE CHARITY CARE PROGRAM.

THIS IS IN RELATION TO THE TEXAS AMBULANCE SUPPLEMENTAL PAYMENT PROGRAM WHICH THE CITY HAS BEEN INVOLVED IN FOR APPROXIMATELY THE LAST TWO YEARS. IT HAS BROUGHT FORTH ABOUT A LITTLE BIT OVER $200,000 INTO THE CITY.

THIS YEAR FROM OUR LATEST FORECAST WE'RE ESTIMATING SOMEWHERE AROUND HOPEFULLY $100,000.

DURING THE LAST SESSION THE STATE DID ADOPT SOME CHANGES TO THE PROGRAM THAT WOULD REQUIRE US TO START A CHARITY CARE PROGRAM. AND WHAT THAT LITERALLY MEANS IS THAT THEY ARE REQUIRING, IN THE PAST THEY'VE GONE IN AND LOOKED AT MEDICAID EXPENSES, MEDICARE, THE WRITE OFFS THAT THE CITY HAD. WITH THE NEW CHARITY CARE PROGRAM, THEY'RE LOOKING AT A PERSON'S ABILITY TO PAY.

AS YOU ALL KNOW WE'VE SEEN AN INCREASE IN PEOPLE WITHOUT INSURANCE AND THE PRIVATE PAY SECTOR AND WE'RE NOT GETTING REIMBURSED THE SAME AMOUNTS THAT WE USED TO.

AND THAT'S SPECIFICALLY WHAT THIS PROGRAM IS MEANT TO ADDRESS. WHAT IT DOES MEAN FOR US IS RIGHT NOW AS YOU KNOW THE CITY DOES NOT SEND OUT.

WE DON'T DO BALANCED BILLING FOR RESIDENTS IN THE CITY.

BUT WE DO BALANCE BILL OR BILL FULLY FOR INDIVIDUALS WITHIN THE EST AND OVER IN OVILLA. THIS POLICY WOULD DO AWAY WITH THAT. WE COLLECT VERY LITTLE ON PRIVATE PAY. I THINK RIGHT NOW FOR THIS FISCAL YEAR, WE'VE COLLECTED ABOUT $3,000 FROM WHAT I RAN BEFORE. SO ENACTING THIS POLICY ALLOWS US TO STAND A BETTER CHANCE OF BEING ABLE TO REIMBURSE OR I SHOULD SAY BE ABLE TO GET BACK SOME OF THESE EXPENSES THAT

[00:25:02]

WE'RE PUTTING FORTH. >> ARE THERE ANY STRINGS THAT

COME WITH THIS TYPE OF PROGRAM? >> THERE ARE NOT, SIR.

IT'S STRICTLY, IT'S SHOWING UP THERE IT'S THROUGH A FEDERAL FUND WHICH IS THE 1115 WAIVER. WHEN THEY SET IT IT'S GOOD FOR ONLY EVERY TWO YEARS. SO IN TWO YEARS IT WILL GO BACK AND AT THAT POINT THE FEDS CAN COME BACK AND SAY WE'RE NOT GOING TO FUND IT ANYMORE. BUT THERE ARE NO OTHER STRINGS ATTACHED TO IT THAT WE WOULD BE RESPONSIBLE FOR RETURNING.

>> ANY QUESTIONS OR COMMENTS? DO I HAVE A MOTION?

I HAVE A MOTION TO APPROVE. >> SECOND.

>> SECONDED. PLEASE VOTE.

OKAY AND CHIEF, IS THIS YOUR FIRST TIME --

>> IT IS. >> WELCOME.

YOU'VE BEEN WITH US WHAT. >> FOUR MONTHS.

>> OKAY. WELL WELCOME.

>> IT'S AN HONOR TO BE HERE WITH Y'ALL.

THANK Y'ALL SO MUCH. >> ITEM 2020-232 CONSIDER AND

[Item 2020-232]

ACT UPON A BID AWARD TO MCMAHON CONTRACTING, LP FOR FARM TO MARKET 663 SOUTHBOUND MAIN LANE AND DECELERATION ROAD PROJECT FOR A BID PRICE NOT TO EXCEED $938,008.83.

>> THANK YOU, MAYOR. GOOD EVENING, COUNCIL.

IF COUNCIL RECALLS BACK A FEW YEARS BACK WE STARTED THIS PROJECT AND WORKING WITH TXDOT, IT WAS ESSENTIALLY THE EXTENSION OF A SOUTHBOUND LANE FROM JUST SOUTH OF HARVEST HILL DRIVE IN THIS GENERAL LOCATION ON DOWN SOUTH TO BIRD RANCH ROAD.

WE ARE LOOKING INTO ADDING A FREE RIGHT TURN ALONG WITH THIS LANE AS IT TRANSITIONS TO THE SOUTH.

IT WILL ACTUALLY FALL OUT AND BECOME A FREE RIGHT TURN LANE INTO BIRD RANCH ROAD AS WELL. AND THEN YOU'LL HAVE IT TRANSITIONING BACK INTO THE SINGLE SOUTHBOUND LANE.

AGAIN THIS PROJECT WENT THROUGH THE TXDOT PROCESS, WE DID GET A PERMIT FOR IT THAT ALLOWS THE CITY TO GO AHEAD AND ADMINISTER THIS PROJECT. AND SO THAT'S REALLY WHAT WE HAVE PLANNED AT THIS POINT. ONE THING I WAS GOING TO SHOW YOU IS THIS IS THE PLAN TO GIVE YOU AN IDEA OF THE AREA, THAT'S THE ADDITIONAL LANES THAT'S GOING TO BE ADDED.

WHEN YOU LOOK BACK THIS IS HARVEST HILL RIGHT HERE IN THIS GENERAL VICINITY. SO AS YOU CONTINUE TO GO SOUTH YOU'LL HAVE THE LANES, YOU'LL STILL HAVE THE LEFT TURN LANE ALONG 663 SOUTHBOUND INTO HAWKINS RUN OR ONTO HAWKINS RUN ROAD. AND THEN AS YOU CONTINUE PAST THAT, YOU'LL CONTINUE ON TO THE SOUTH WITH THAT LANE CONTINUES.

THEN IT STARTS FALLING OUT ROUGHLY IN THIS AREA.

FOLKS THAT WANT TO CONTINUE SOUTH WILL HAVE TO MERGE BACK OVER TO THE LEFT. IT'S APPROXIMATELY 2200 FEET IN LENGTH SO IT'S A LITTLE MORE THAN .4 MILE.

SO THERE IS ROOM AGAIN TO MAKE THAT MANEUVER.

THE WAY THIS PROJECT WAS SET UP, IT WAS SET UP AS THE BASE WAS DOING THE ACTUAL LANE CONSTRUCTION AND APROVMENTS.

SO WE DO HAVE FUNDING FOR SERVICE AREA 6.

WE ALSO INCLUDED AN ALTERNATE BID.

AND THAT ALTERNATE BID WOULD INCLUDE COMING IN CLOSE TO HARVEST HILL AND DOING AN OVERLAY DOWN TO BIRD RANCH.

WHEN YOU COME IN AND YOU START HAVING TO REMOVE STRIPING ON ASPHALT, IT STARTS MAKING KIND OF A MESS.

WE WANTED TO PUT THAT IN BECAUSE WE WANTED COUNCIL TO HAVE THE OPTION TO DO IT. BUT BECAUSE WE COULD NOT FUND IT AS A ROADWAY IMPACT FEE PROJECT BECAUSE IT'S JUST A MAINTENANCE ITEM THERE'S A SEPARATE FUNDING ITEM THAT WE HAVE FOR THAT PARTICULAR PROJECT AS WELL OR THAT COMPONENT OF THE PROJECT.

AND SO THAT'S INCLUDED IN HERE AS WELL.

SO THE BASE BID WAS FOR $750,000 WHICH ALSO INCLUDES A $100,000 OWNER CONTINGENCY BUILT INTO THAT.

THEN THE ALTERNATE BID WHICH WOULD INCLUDE THE OVERLAY AND RESTRIPING IF COUNCIL SO DESIRED WAS $187,300.

BETWEEN THOSE TWO THAT'S HOW YOU COME UP WITH THE TOTAL NOT TO EXCEED AMOUNT OF $938,008.83. OUT OF THE EIGHT BIDDERS THAT BID ON THE PROJECT, MCMAHON WAS THE APPARENT LOW BIDDER, SO THAT'S WHAT THE RECOMMENDATION WOULD BE THIS EVENING.

ONE THING THAT STAFF IS WORKING, WE HAVE WORKED WITH ALL OF THE FRANCHISE UTILITIES, WE ARE STILL W AT&T TO VERIFY THAT THEY WILL BE CLEAR AND IF THERE ARE SOME CONFLICTS WE WILL NOT ISSUE THE NOTICE TO PROCEED TO THE CONTRACTOR UNTIL

[00:30:01]

AT&T IS CLEAR. THAT WAY THERE WON'T BE ANY DELAYS, THERE MIGHT BE A DELAY IN THE PROJECT GETTING STARTED BUT WE DON'T WANT TO HAVE IT STARTED AND GET DELAYED.

WITH THAT I'LL ANSWER ANY QUESTIONS THE COUNCIL HAS.

>> TXDOT HAS APPROVED IT BUT DON'T WANT ANY OF IT?

>> NO, SIR, THAT'S ON THE CITY. >> THAT IS A TXDOT PORTION OF

ROAD? >> THAT IS THE CITY.

>> I GUESS WE DEALT WITH CLOSE TO A YEAR OR SO AGO, YOU'VE GOT BURGER KING, OH ALDI'S, SO THIS IS SORT OF PART OF THAT RELIEF? IS THIS ACTUALLY AN EXTENSION PAST EVEN THAT EXTENSION I

THINK? >> YES, THIS ACTUALLY IS GOING TO BE, IF WE GO BACK HERE, COUNCILMAN, IF YOU LOOK RIGHT HERE, RIGHT NOW YOU HAVE TWO LANES WHEN YOU GET PAST HARVEST HILL AND THEN IT DROPS DOWN TO 1 SINGLE LANE.

WE'LL ACTUALLY HAVE 2 SOUTHBOUND LANES UNTIL YOU GET TO ALMOST AUTUMN RUN. WE'RE ADDING 1 ADDITIONAL MAIN LANE AND THEN A FREE RIGHT TURN LANE THAT'S HERE.

WITH THE BURGER KING AND THIS DEVELOPMENT PLANNED FOR RIGHT HERE, THEY'RE ACTUALLY GOING TO BUILD THEIR OWN DECELERATION OR FREE RIGHT TURN LANE OFF OF 663. THAT WILL BE SEPARATE FROM OUR PROJECT, THAT WILL BE AT THEIR COST.

AND THAT WILL BE JUST OUTSIDE OF THEIR PROJECT.

OUR PROJECT STARTS A LITTLE BIT SOUTH TO WHERE THOSE LANES END.

>> DO YOU KNOW IF THESE -- >> NO IF YOU GO BY THERE, ALDI'S HAS BROKEN GROUND AND BURGER KING AS WELL.

YES, SIR, THEY BOTH HAVE STARTED.

>> VERY GOOD, THANK YOU. >> I HAVE A QUESTION.

IS THERE ANY BENEFIT TO NORTHBOUND TRAFFIC AT ALL, ANY TURN LANES OR ANYTHING, ANY EFFECT AT ALL FOR NORTHBOUND

TRAFFIC? >> NO, SIR.

I'M GLAD YOU BROUGHT THAT UP. ONE THING WE ARE DOING TOO, ONE THING WE DID BEFORE RIGHT NOW WE HAVE THAT MEDIAN RIGHT HERE.

IT'S SUPPOSED TO BE A RIGHT IN AND RIGHT OUT THAT GOES BY THE FUELLING CENTER AND CHILLI'S OVER HERE.

WE ARE EXTENDING THAT MEDIAN ALL THE WAY THROUGH.

SO YOU CAN SEE WE GET PAST THERE A PRETTY GOOD WAYS.

SO THIS WILL TRULY BE A RIGHT IN AND RIGHT OUT.

THE ONE THING THAT GAINS AND IT'S NOT MUCH TO IT, RIGHT NOW YOU'LL PICK UP THE SECOND LANE GOING NORTHBOUND CLOSE TO WHERE THAT RIGHT IN, RIGHT OUT IS. AND AS IT STANDS RIGHT NOW IT PICKS UP SOMEWHERE BACK HERE WHERE THE SECOND LANE COMES INTO PLAY. THERE'S NOT MUCH TO DO ON THE NORTHBOUND AT THIS POINT, IT'S PRIMARILY ON THE SOUTHBOUND

SIDE. >> THAT'S TRUE THOUGH I DO PEOPLE PULL INTO THE WRONG LANE OUT OF THAT.

>> THESE ARE REALLY TOUGH TO ENFORCE AND WHEN YOU DESIGN THEM AGAIN IT'S REAL EASY FOR TRAFFIC UNLESS YOU HAVE SOME KIND OF PHYSICAL BARRICADE OR BARRIER, IT'S REAL EASY FOR TRAFFIC TO

UTILIZE THEM INAPPROPRIATELY. >> THIS IS ONE OF THE HIGHEST TRAFFIC SPOTS IN OUR CITY, AND I THINK WE NEED TO GET THE EXTRA STRIPING AND ALL OF THE DELUXE PACKAGE IN MY OPINION.

SO I'LL MAKE A MOTION TO APPROVE.

>> SECOND. >> MOTION TO APPROVE AND SECOND.

PLEASE VOTE. ITEM PASSES 5-0.

>> THANK YOU. >> THANK YOU.

[Item 2020-233]

ITEM 2020-233, CONSIDER AND ACT UPON AGREEMENT FOR PROFESSIONAL SERVICES FOR DESIGN AND RELATED PROFESSIONAL SERVICES FOR MCALPIN ROAD. ROAD IMPROVEMENTS NOT TO EXCEED

$73,500. >> THANK YOU, MAYOR.

AS PART OF THE 2017 BOND PROJECT OR PROPOSITION THAT WENT OUT, ONE OF THE ROADWAY PROJECTS WAS THIS PROJECT FOR MCALPIN ESSENTIALLY LOOKING TO MIMIC OR MIRROR WHAT'S ON THE WEST SIDE GOING INTO ROSEBUD WHICH IS A FOUR LANE DIVIDED ROADWAY.

SO WHAT WAS PRESENTED TO THE VOTERS AND APPROVED BY THE VOTERS WAS DOING BASICALLY THAT SAME KIND OF CONCEPT ON THE EAST SIDE OF 663 FOR ROUGHLY 300 FEET WORKING WITHIN THIS AREA BEFORE WE GET TO THIS BUSINESS HERE. SO WITH THIS WE'LL ACTUALLY START THE DESIGN WORK FOR THIS PROJECT BEFORE WE ACTUALLY DO ANYTHING ONCE THE DESIGN IS DONE, WE'LL COME BACK TO COUNCIL. OUR ORIGINAL HOPE IS THAT MAYBE THESE PROPERTIES WOULD HAVE SOME KIND OF DEVELOPMENT INTEREST IN THAT THERE WOULD BE RIGHT OF WAY DEDICATED.

BEFORE WE DID THAT WE WOULD COME BACK TO COUNCIL AND GET DIRECTION FROM COUNCIL. WE WANT TO AT LEAST START THE DESIGN WORK. THE COST FOR DOING THE DESIGN WAS ACTUALLY PART OF THE BOND ISSUE THAT OCCURRED LAST YEAR.

>> WILL WE ATTEMPT TO LINE THAT UP BECAUSE I KNOW IT'S WAY OFF BASE RIGHT NOW IF YOU'RE GOING WEST TOWARDS ROSEBUD.

>> YES, SIR, WE SURE WILL. WHEN TXDOT CAME IN AND PUT THE SIGNALS IN WE WERE ABLE TO WORK THEM AHEAD OF TIME SO WE ACTUALLY PLACED THEM TO WHERE WE DO NOT EXPECT US HAVING TO DO ANY KIND OF WORK OR RELOCATION OF THE SIGNAL POLES OR ANYTHING LIKE THAT. THEY WERE REALLY SET UP FOR THIS CONFIGURATION OF THE ULTIMATE SECTION THERE.

ONE THING WE ARE GOING TO LOOK AT AND WE'LL SEE WHEN WE DO THE DESIGN AGAIN, THERE WILL BE A MINIMUM OF FOUR LANE DIVIDED HERE AND IT SHOULD MATCH WITH ROSEBUD.

WE'LL SEE IF THERE'S A POSSIBILITY TO ADD IN A LEFT

[00:35:02]

TURN AS WELL TO GO ALONG WITH THAT.

SO MAYBE HAVE A FREE RIGHT TURN, THEN HAVE A THROUGH, THEN HAVE A LEFT AS WELL. THAT'S ONE OF THE THINGS WE'LL

LOOK AT AS PART OF THAT DESIGN. >> THERE'S CURRENTLY NO RIGHT OF

WAY FOR EITHER. >> THAT'S CORRECT.

WE'LL HAVE TO SPLIT AND GET SOME FROM BOTH OF THEM TO MAKE THIS WORK AND LINE UP. WE HAVE TO GET SOME FROM THE NORTH AND SOME FROM THE SOUTH SIDE BECAUSE IT IS PUSHED A LITTLE BIT FURTHER TO THE NORTH AT THIS POINT.

>> MOVE TO APPROVE. >> MOTION TO APPROVE.

SECONDED. PLEASE VOTE.

ITEM PASSES 5-0. >> THANK YOU.

[Item 2020-234]

>> ITEM 2020-234 REVIEW AND DISCUSS THE POTENTIAL EXCHANGE OF CERTAIN WATER SERVICES WITHIN THE SARDIS-ELM WATER SUPPLY CORPORATION AND WITHIN THE CITY OF MIDLOTHIAN.

>> I THINK THIS IS THE THIRD ATTACHMENT IN YOUR AGENDA ITEM.

BUT IF YOU LOOK, THE AREAS THAT WE SHOW, THIS IS CALLED OUR SERVICE AREA BOUNDARY, THE CERTIFICATE OF CONVENIENCE AND NECESSITIES ESSENTIALLY ESTABLISHED BY THE STATE, AND THIS IS THE WATER SERVICE AREA WE HAVE ON FILE WITH PUC.

AND LOOKING AT IT AGAIN YOU CAN SEE THE AREAS SHOWN AS BLUE, BLUE IS CITY OF MIDLOTHIAN EXCLUSIVE.

THE AREA THAT'S GRAY IS MT. PEAK.

THIS IS REALLY THE AREA THAT WE'RE GOING TO BE FOCUSSING ON IS ON THIS AREA OFF OF MOCKINGBIRD AND ALSO AN AREA THAT YOU CAN SEE THAT'S RIGHT ALONG THIS AREA BACK IN HERE AND HERE AND ALSO DOWN HERE. I'LL KIND OF SHOW THAT IN A BETTER FORMAT HERE. WHEN REALLY KIND OF NECESSITATED OR BROUGHT THIS TO LIGHT THERE WILL BE A ZONING FOR PROPERTY OFF MOCKINGBIRD LANE. THEY'RE COMING IN WITH THIS PROPERTY, AND THIS PROPERTY GOES ALL THE WAY UP THROUGH HERE.

SO IN LOOKING AT IT, THEY'RE LOOKING AT DOING A MINIMUM ONE ACRE TYPE DEVELOPMENT. SO IT WILL BE ON SITE SEWAGE FACILITIES, THAT'S WHAT THEY'RE PROPOSING.

AND SO AGAIN COMING BACK AND LOOKING AT IT, WE DETERMINED WELL THIS GREEN AREA WOULD BE SARDIS' TO SERVE WATER AND THE RED AREA WOULD BE MIDLOTHIAN TO SERVE WATER.

AFTER LOOKING AT THAT AND LOOKING AT SOME OTHER AREAS THAT POPPED UP THAT WE WEREN'T AWARE OF, STAFF GOT TOGETHER WITH SARDIS MANAGEMENT AND STARTED LOOKING TO SEE OKAY, ARE THERE AREAS THAT LOOK LIKE THEY MIGHT MAKE SENSE TO DO SOME KIND OF EXCHANGE. SO THIS IS WHAT STAFF HAS COME UP WITH AND WAS GOING TO PROPOSE TO COUNCIL.

THIS WOULD BE THE AREAS THAT ARE CURRENTLY WITHIN OUR CCN BOUNDARY THAT WE WOULD LOOK TO POTENTIALLY SWAP OR EXCHANGE WITH SARDIS. WHEN YOU LOOK AT THE ACREAGE THE ONE THING WE'LL NEED TO SEE IS THE ACREAGE THAT WE WOULD BE SWAPPING IS CONSIDERED HIGHER THAN WE WOULD BE GETTING FROM SARDIS. HOWEVER WHAT WE'RE GETTING IS CURRENTLY ZONED AT HIGH DENSITY. ON THE SARDIS AREA RIGHT NOW, ALL OF THESE PROPERTIES ARE CURRENTLY ZONED AG.

WHAT THAT MEANS IS WITHOUT THEM COMING BACK BEFORE COUNCIL WITH A ZONING CHANGE IT WOULD BE ONE TO OWN UNIT PER FOUR ACRES.

I ASSUME IN DOING THESE CALCULATIONS THAT YOU'RE LOOKING AT A MINIMUM ONE ACRE. SO ESSENTIALLY STILL KEEPING THE RURAL CHARACTER AND FALLING IN LINE WITH WHAT THE COMPREHENSIVE PLAN IS SHOWING FOR THESE AREAS. SO THE RED AREAS RIGHT NOW CURRENTLY ARE, SO WE'D BE LOOKING AT ROUGHLY 434 ACRES.

THE AREA THAT'S RIGHT IN THIS AREA OFF OF ONWARD ROAD, THAT'S 175 ACRES. THIS WALNUT GROVE ROAD AREA AT THE CORNER OF WALNUT GROVE AND MOCKING BIRD IS 118.

AND THEN THIS MOCKINGBIRD LANE WHICH IS THE ONE THAT STARTED THIS WITH THE ZONING REQUEST WITH COUNCIL IS 141 ACRES.

THAT WOULD BE WHAT STAFF IS PROPOSING WE EXCHANGE WITH SARDIS. AND IN EXCHANGE WE'RE LOOKING AT THESE AREAS IN YELLOW. YEAH 434 TOTAL ACRES, WE'RE LOOKING AT 134 ACRES IN EXCHANGE.

I'LL SHOW YOU ANOTHER TABLE COMBING UP THAT SHOWS HOW WE WORK THAT -- COMING UP THAT SHOWS HOW WE WORK THAT.

THIS AREA RIGHT IN HERE AND UP THIS IS REDDEN FARMS, IT'S ALREADY ZONED NOW SO IT'S A HIGHER DENSITY.

THIS IS THE BACK PART OF THE GROVE I THINK PHASE FIVE THAT RECENTLY GOT APPROVED BY COUNCIL AND ZONING.

EVERYTHING ELSE IN THIS BLUE AREA IS MIDLOTHIAN.

SO TO TRY TO HAVE THIS AREA BEING SERVED BY SARDIS AND EVERYTHING ELSE SERVED BY THE CITY WOULD BE PRETTY DIFFICULT.

IT REALLY DOESN'T MAKE MUCH SENSE.

THIS OTHER AREA IS THE AREA WITHIN REDDEN FARMS THAT'S SHOWN AS LIGHT INDUSTRIAL AS WELL AS I THINK COMMUNITY RETAIL.

SO WE COULDN'T PUT A LOT COUNT TO THIS AREA BUT THAT WOULD BE SOMETHING THAT WOULD BE EXCHANGED AS WELL.

SO WE WOULD SERVE THAT LIGHT INDUSTRIAL AND THE COMMUNITY RETAIL. THE AREA DOWN TO THE SOUTH, RIGHT NOW I WAS CALLING IT MID LAKE I BELIEVE THEY CALL IT LAKES AT SOMERCREST, THAT WAS RECENTLY ZONED FOR 98 LOTS.

[00:40:02]

WHEN YOU LOOK AT THAT 113 ACRES YOU SEE HOW THAT'S BROKEN UP WITH REDDEN FARMS AND GROVE AND THE INDUSTRIAL AREA AND COMMUNITY RETAIL WITHIN REDDEN FARMS AND THEN THE 36 ACRES WITHIN THE SOMERCREST AREA. SO WHEN YOU KIND OF GO THROUGH AND BREAK IT DOWN AND AGAIN THIS IS, THIS SHOULD BE FAIRLY ACCURATE IN WHAT WE WOULD GET LOT COUNT FROM SARDIS.

WE'RE LOOKING AT 225 LOTS IN EXCHANGE FOR THAT 113 ACRES.

WHEN HE WE CAME THROUGH AND LOOKED AT THE 434 THE ONLY ONE WE COULD GO OFF WAS BEING PROPOSED ON MOCKINGBIRD.

WE'RE ABLE TO FIGURE ON THAT BECAUSE WE DON'T KNOW EXACTLY WHERE THAT LINE CUT ACROSS BUT WE WERE PRETTY CLOSE.

SO ANYWHERE FROM 58 TO 75 LOTS WOULD BE IN THAT DEVELOPMENT BEING PROPOSED. GOING BACK AND LOOKING AT THE OTHER TWO AREAS, IF YOU LOOK THERE'S QUITE A BIT OF FLOODPLAIN HERE. THERE'S QUITE A BIT OF FLOODPLAIN HERE AS WELL. SO WHEN WE KIND OF TOOK THAT AND DISCOUNTED AND TOOK THE FLOODPLAIN OUT, WHEN YOU LOOK AT WHAT'S ACTUALLY DEVELOPABLE AND LOOKING AT ONE ACRE PER, I'M SORRY, ONE LOT PER ACRE, WE EQUATED ABOUT 100 LOTS ON THE ONE THAT WOULD BE OFF OF ONWARD ROAD AND ABOUT 60 LOTS THAT WOULD BE ON THE ONE THAT IS RIGHT IN THIS AREA AGAIN WHEN YOU LOOK AT THE FLOODPLAIN AND THEN HAVE TO TAKE OUT THE ROADS AND THINGS LIKE THAT. WHEN YOU LOOK AT THE TOTAL LOT COUNT, AGAIN WE WERE LOOKING AT ROUGHLY 225 THAT WE WOULD GAIN.

WE WOULD BE LOOKING AT EXCHANGING ROUGHLY 228 TO 235.

SO FAIRLY CLOSE. AGAIN THE THING THAT COUNCIL NEEDS TO REALIZE IS REALLY THIS LOT COUNT IS GOING TO BE DEPENDENT UPON WHAT COUNCIL DOES BECAUSE COUNCIL WOULD BE THE ONE THAT WOULD APPROVE ZONING ON THE PROPERTY.

AGAIN IT CAN BE FOUR ACRES PER UNIT WHICH WOULD BE CONSIDERABLY LESS. YOU DIVIDE THIS ROUGHLY BY FOUR OR IT COULD BE ONE ACRE PER LOT. IT COULD BE SOMETHING THAT'S HIGHER DENSITY. SO AGAIN JUST KIND OF TAKING AND LOOKING AT IT AS ROUGHLY THE ONE ACRE.

THIS IS FAIRLY CLOSE FROM THE LOT COUNT.

OUR LOT COUNT AGAIN DOES NOT TAKE INTO ACCOUNT THE INDUSTRIAL OR THE COMMUNITY RETAIL THAT'S GOING TO BE WITHIN REDDEN FARMS. THERE'S SOME VALUE TO THAT AS WELL THAT WE COULDN'T PUT A LOT COUNT NUMBER ON. THIS JUST KIND OF SHOWS REAL QUICK WHAT OUR FACILITIES LOOK LIKE WITHIN AREAS.

SO WE WERE DEFINITELY ABLE TO SERVE THE AREAS THAT WILL DEVELOP. THIS IS SARDIS, YOU CAN SEE SARDIS DOES HAVE LINES ADJACENT TO THE AREAS THAT WE WOULD BE LOOKING TO POTENTIALLY EXCHANGE WITH THEM.

AND ONE THING I WANTED TO TOUCH ON REAL QUICKLY WITH COUNCIL IS WE HAVE KIND OF A MASTER SEWER PLAN, WHEN WE LOOK AT IT AND THIS IS WITHIN OUR IMPACT FEE OF STUDY, WE LOOK AT AREAS AND SAY IF WE WERE TO SEWER THESE AREAS WHAT WOULD THAT LOOK LIKE AND HOW WOULD WE GET THE LINES UP. WHEN YOU LOOK AT THIS PARTICULAR AREA, THE LINE RIGHT NOW IN NORTH PRONG CREEK IS RIGHT HERE.

IT STOPS JUST TO THE SOUTH OF WALNUT GROVE ROAD, I'M SORRY THE WALNUT GROVE MIDDLE SCHOOL. IT SERVES THE MIDDLE SCHOOL.

IT SERVES AREAS OVER HERE IN KENSINGTON.

THIS LINE COULD POTENTIALLY GET EXTENDED IN THE FUTURE.

THE THING YOU LOOK AT THOUGH IS NORMALLY WHEN THOSE LINES DO GET EXTENDED AND YOU DO HAVE SANITARY SEWER YOU TYPICALLY HAVE HIGHER DENSITY. AGAIN WE'RE KIND OF LOOKING AT IT FULL BELT IF THE DESIRE WAS TO GET SEWER UP INTO THESE AREAS, THEN COULD YOU DO IT, AND YOU CAN DO IT AND THAT WOULD INCLUDE THE AREAS THAT WE WOULD BE EXCHANGING WITH SARDIS.

WHEN YOU LOOK AT OUR COMP PLAN, OUR COMP PLAN REALLY CALLS FOR THESE TO BE MORE RURAL AND HIGH DENSITY.

THE COMMUNITY WANTS MORE RURAL IN THE AREAS THAT ARE FARTHER OUT FROM THE CITY THEN THE HIGHER DENSITY.

AND SO TYPICALLY TO RUN SEWER AND TO USE SEWER TO SERVE ONE ACRE OR LARGER DEVELOPMENTS TYPICALLY DOES NOT WORK FINANCIALLY. SO YOU NORMALLY DON'T SEE THAT.

SO IN ORDER FOR THIS DEVELOPMENT TO HAPPEN, THEY'LL BE ASKING FOR AN EXCEPTION FROM COUNCIL BECAUSE WE DO HAVE A REQUIREMENT THAT SAYS IF YOU'RE WITHIN 2,000 FEET OF EXISTING SANITARY SEWER, YOU HAVE TO TIE ON OR YOU HAVE TO GET AN EXCEPTION FROM COUNCIL. AND THAT WOULD BE BROUGHT TO YOU WITH PD, THAT WILL BE COMING FORWARD.

I WANTED TO BRIEFLY TOUCH ON THAT THAT THESE AREAS CAN BE SEWERED, AGAIN THEN THEY WOULD BE IN CONFLICT WITH THE COMP PLAN AND THE DIRECTION THAT THE COMMUNITY AND THE COUNCIL HAS BEEN TAKING ON THESE AREAS THAT ARE FARTHER OUT FROM THE CITY.

AND WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.

WE DO NOT HAVE AN AGREEMENT, THIS IS JUST TO GET DIRECTION FROM COUNCIL AT THIS POINT. AND IF COUNCIL WANTS STAFF TO MOVE FORWARD, WE WILL PUT TOGETHER THE ACTUAL AGREEMENT AND BRING IT BEFORE SARDIS' BOARD AND THIS COUNCIL.

SARDIS HAS REVIEWED THIS PARTICULAR EXCHANGE AND THEY ARE

IN FAVOR OF IT. >> IS OUR UTILITY ADVISORY

COMMITTEE REVIEWED THIS? >> WE HAVE NOT.

WE HAVE NOT BEEN ABLE TO HOLD A MEETING.

WE WERE GOING TO HAVE ONE BACK IN MARCH AND COVID HIT.

WE THOUGHT IT WOULD BE HARD TO DO THE WEB EX.

WE WANT TO BE SAFE WITH THAT BOARD.

[00:45:01]

WE HAVE NOT HAD TIME TO DISCUSS IT.

>> LOOKS LIKE A WIN, WIN SITUATION TO ME.

>> IT CAN BE. IF WE LEAVE THEM SPLIT, IT'S GOING TO BE REALLY DIFFICULT. AND WHEN YOU'RE OUT THERE AND YOUR NEIGHBOR ACROSS HAS SARDIS WATER AND YOU HAVE CITY WATER ACROSS THE OTHER SIDE AND YOU ALSO HAVE SEWER, AND SARDIS IS BILLING THEM FOR SEWER, IT WOULD MAKE IT PRETTY UNIQUE.

AGAIN WE WERE TRYING TO COME UP WITH SOMETHING WE THOUGHT WAS EQUITABLE. ON THE ACRED SIDE IT LOOKS MORE IN SARDIS' FAVOR BUT LOOKING AT LOT COUNTS AND THE CUSTOMERS WE'RE PRETTY CLOSE TO IT BEING THE SAME.

AGAIN THE AREA DEVELOPING WITHIN THE SARDIS AREA COUNCIL HAS THE AUTHORITY TO SAY HOW THEY WANT THAT PROPERTY ZONED AND SERVED.

>> I WOULD THINK THAT ALSO FROM AT LEAST WHAT I'VE BEEN TOLD BY FOLKS WITHIN THE COMMUNITY AS WE TRAVEL NORTH OF 287 WHAT YOU'RE PROPOSING PROVIDES FOR AT THE HIGHER DENSITY AREAS WHICH WITH THE ACCEPTION ON THE SOUTH SIDE AND THEN IF YOU FOLLOW OUR COMPREHENSIVE PLAN ON THE NORTH SIDE OF MOCKINGBIRD IT PROVIDES FOR IN ITS OWN WAY PROTECTING THE SANCTITY OF WHAT THE BALANCE OF THAT ZONING DEVELOPMENT AND DENSITY LEVELS ARE SO I THINK IT'S GREAT. GOOD IDEA.

>> WHAT, IN YOUR MIND WHAT ARE THE MAJOR BENEFITS OF DOING THIS AND WHAT ARE THE DRAWBACKS IF ANY IN YOUR OPINION?

>> I THINK, MAYOR, REALLY THE BENEFITS ON THIS, ONE IS REALLY KIND OF HAVING DEVELOPMENTS WHERE THEY'RE GOING TO HAVE ONE PROVIDER. I THINK WHEN YOU LOOK AGAIN, WHEN YOU START GETTING BACK DOWN TO THESE AREAS, THESE ARE ALREADY ZONED. WE KNOW THERE'S HIGHER DENSITY HERE AND AGAIN THIS IS LAKES AT SOMERCREST, THIS IS 98 LOTS IN THAT DEVELOPMENT. SO IT'S ALREADY ZONED.

SO THAT'S GOING TO DEVELOP AT SOME POINT IT HAS OUR SEWER SO IF WE'RE PROVIDING SEWER WITHIN THESE AREAS IT ALSO MAKES BETTER SENSE FOR US TO ALSO PROVIDE THE WATER.

I THINK ON THE DRAWBACK SIDE, I THINK IF SOMETHING REALLY DRAMATICALLY CHANGED WHETHER A DIFFERENT VIEW ON COUNCIL OR A DIFFERENT COUNCIL ALTOGETHER IN THE FUTURE AND THIS BECAME A WHOLE LOT HIGHER DENSITY, THEN WE LOOK AT WE'RE GOING TO HAVE A LOT MORE LOTS THAT SARDIS WOULD GAIN VERSUS WHAT WE GAINED.

HOWEVER WE'RE STILL WHOLESALING WATER TO SARDIS SO WE STILL WOULD GET A BENEFIT FROM ADDITIONAL CUSTOMERS ON SARDIS'

SIDE. >> THERE'S NO ACTION TO TAKE.

DOES ANYBODY HAVE ANY OTHER COMMENTS FOR MIKE? THANK YOU. YES THE DIRECTION IS TO GO AS

YOU PROPOSED. >> WE'LL BRING AN AGREEMENT BACK TO COUNCIL. THANK YOU.

ONE MORE, SORRY. >> YOU GET TO CLOSE THIS HALF OF

[Item 2020-235]

THE SHOW. ITEM 2020-235 CONSIDER AND ACT UPON AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS AMENDING THE CITY OF MIDLOTHIAN STANDARD CONSTRUCTION DETAIL ORDINANCE NO. 2013-51.

MIKE. >> THANK YOU, MAYOR.

I'M PINCH HITTING FOR ITEMS TONIGHT SO I'LL DO MY BEST.

WE HAVE TO COME BACK TO COUNCIL AT SOME POINT WITH CHANGES TO OUR DETAILS. WE CAME AND AMENDED SEVERAL TIMES. WE REPEALED AND CAME BACK IN 2014 WITH A WHOLE NEW SET WHICH IS PRETTY COMPARABLE TO WHAT WE HAD BEFORE WITH THE BUDGET CHANGES.

WHAT WE WANTED TO DO HERE, THERE WAS SOME MAIN THINGS WE WERE LOOKING AT. ONE WAS SPECIFYING THE METER BOXES THAT WE NEED TO REQUIRE FOR OUR NEW METERS THAT WE HAVE WITH THAT METER CHANGE OUT PROGRAM.

AND I'LL COME BACK TO THIS IN JUST ONE SECOND.

BUT WHEN WE WERE DOING THIS WE ALSO DECIDED THAT THERE WAS SOME AREAS WE NEEDED TO ADD A LITTLE BIT MORE IN OUR LIFT STATIONS AND A LITTLE BIT IN OUR CLEAN UP.

WE HAVE IDENTIFIED THEM. THE AREAS THAT WE TRIED TO INCLUDE, THE REVISIONS, THE CALL OUTS SO COUNCIL CAN SEE.

BUT REALLY THE MAIN POINT OF THIS REALLY WAS KIND OF TWOFOLD.

ONE WAS WITH NEW DEVELOPMENT WE'RE SEEING A LOT MORE INI IN OUR SANITARY SEWAGE SYSTEMS, ANY TIME YOU HAVE THIS NEW CONSTRUCTION YOU'RE OPENING YOURSELF UP.

WE'RE SEEING THAT WITHIN THE WASTEWATER TREATMENT PLANT AND OUR LIFT STATIONS. IN THE PAST WE CAME BACK AND DID A LINER ON THE MANTLES AND MADE THAT A REQUIREMENT WHICH HAS HELPED. ONE OF THE THINGS WE WANTED TO DO WAS REQUIRE IF THEY POUR INTO A MANHOLE THEY HAVE TO LIFT IT BECAUSE THAT CAUSES PROBLEMS FOR US.

THAT IS LISTED IN HERE AS A REQUIREMENT.

AND ALSO THE TYPE OF CONNECTION THAT'S MADE.

SO THAT WILL BE BASICALLY WATER TIGHT.

SO THOSE WERE KIND OF THE TWO THINGS DEALING WITH THE MANHOLES. THE OTHER ITEM IS REALLY WE WANTED TO INCLUDE A REQUIREMENT THAT YOU HAVE TO INSTALL A CLAY

[00:50:01]

CUT OFF DAM OR A CLAY WALL WITHIN YOUR TRENCHES AND ESSENTIALLY WHAT WE'RE HAVING IS WHEN YOU GET OVER TO THE EAST SIDE OF TOWN WHICH PREDOMINANTLY WHERE THE GROWTH IS WE'RE DEALING WITH A LOT OF THE ROCK AND LIMESTONE.

YOU GET IN THERE AND START EXCAVATING AND PUTTING SEWER LINES IN AND ESSENTIALLY YOU CREATE A BIG FRESH DRAIN.

SO YOU BASICALLY HAVE AN AREA WHERE THERE'S LOTS OF WATER, THERE'S LOTS OF GROUNDWATER IN THESE AREAS.

SO WE ESSENTIALLY CREATE A BIG FRENCH DRAIN THAT GOES DOWN TO THOSE TRENCHES. ROUGHLY EVERY 1,000 FEET OR AS WE DICTATE YOU COME IN AND YOU BUILD A CLAY CUT OFF DAM THAT GOES ALL THE WAY DOWN TO WHERE THE PIPE IS AND IT HELPS STOP THAT WATER INFILTRATION GETTING INTO YOUR SYSTEM AND YOUR MANHOLES. SO REALLY THOSE WERE THE MAIN CHANGES AGAIN DEALING WITH THE METERS, DEALING WITH THE CLAY CUT OFF, THIS WAS REALLY MORE CLEAN UP.

THE ONE THING I WOULD ASK COUNCIL IF COUNCIL DOES APPROVE THIS, THIS NOTE RIGHT HERE THAT WAS ADDED TO THE WATER SERVICES REALLY SHOULD READ LIKE THIS NOTE AND THIS NOTE OVER HERE.

AND SO WHAT I WOULD ASK, IF COUNCIL IS WILLING TO ADOPT THESE CHANGES, THAT THAT APPROVAL IS CONTINGENT UPON STAFF AMENDING THIS LANGUAGE HERE TO MATCH WHAT WE HAVE ADDED FOR THESE TWO BOXES ON SHEET 18, SD-18 AND I APOLOGIZE FOR THAT OVERSIGHT. WITH THAT I'M HAPPY TO ANSWER ANY QUESTIONS THE COUNCIL MAY HAVE.

>> ALL RIGHT. MIKE, WE HAVE ONE SPEAKER ON THIS TOPIC. DAMIAN MCCLENDON.

YOU HAVE THREE MINUTES TO COME UP AND YOUR NAME AND ADDRESS

PLEASE. >> MR. MAYOR, CITY COUNCIL, MY NAME IS DAMIAN MCCLENDON. 3233 LAMONT STREET.

JUST A QUICK QUESTION. I'M TRYING TO LEARN HOW THE CITY DOES THINGS HERE IN THE CITY DEALING WITH CONTRACTS AND THINGS LIKE THAT NOT AGAINST MCMAHON CONTRACTING BUT IT SEEMS LIKE A LOT OF THE ITEMS THAT ARE ON DISPLAY TODAY THEY PRETTY MUCH HAVE A STRONG VOTE OR THEY'RE ACTUALLY GETTING A JUMP ON GIVING THEIR BID AS TO WHAT'S GOING ON.

HOW DO WE GET OTHER COMPANIES TO COME IN TO GET SOME OF THESE CONTRACTS AND WHERE ARE THESE JOB POSTINGS OR THESE CONTRACT BIDS POSTED SO THAT OTHER COMPANIES OUTSIDE OF MIDLOTHIAN PER SE OR EVEN IN MIDLOTHIAN, HOW ARE THOSE PEOPLE ABLE TO BID

ON THOSE CONTRACTS? >> WE WILL GET THE GENTLEMAN'S INFORMATION. HE CAN GET WITH OUR PURCHASING DEPARTMENT AND GET ON A LIST AND GET TO WHERE THE NOTIFICATIONS GO OUT ON THOSE CONTRACTS WHEN THEY GO OUT.

SO WE'LL GET THE INFORMATION. >> OKAY.

THANK YOU, CHRIS. ANY QUESTIONS OR COMMENTS FOR

MIKE ON THIS TOPIC? >> MOVE TO APPROVE.

>> MOTION TO APPROVE. SECONDED.

PLEASE VOTE. OH THAT'S RIGHT.

WE HAVE MOTION TO APPROVE IT AS PRESENTED WITH THE STIPULATION

THAT THE TWO ITEMS BE ADDRESSED. >> YES, SIR.

THANK YOU. >> AND A SECOND FOR THAT.

THANK YOU. >> THANK YOU, COUNCIL.

ALL IN FAVOR SAY AYE. >> AYE.

>> ANY OPPOSED? >> AYE OR NO, NOT OPPOSED.

SORRY. I WAS A SENTENCE BEHIND.

SORRY. >> IT PASSES UNANIMOUS 5-0.

AND MR. MCCLENDON, CITY STAFF WILL BE GETTING WITH YOU AS INDICATED BY THE CITY MANAGER. THE LAST ITEM WILL BE HANDLED IN THE NEXT COUNCIL SESSION IN TWO WEEKS.

IT DEALS WITH APPOINTMENTS TO COMMITTEES.

I WOULD LIKE TO MAKE NOTE THAT WE INTERVIEWED 16 PEOPLE OVER TWO DAYS THIS LAST WEEK. AND THE CANDIDATES WERE EXCELLENT. WE HAVE FOUR POSITIONS TO FILL.

THESE ARE VACANCIES BECAUSE OF VACANCIES IN THE COMMITTEES.

BUT WE'LL BE DOING THIS AT THE NEXT COUNCIL.

[Executive Session]

AT THIS TIME WE'RE GOING TO BREAK INTO EXECUTIVE SESSION TO

[00:55:07]

COVER SECTION 551.074 PERSONNEL MATTERS TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, REASSIGNMENT OR DUTIES OF A PUBLIC OFFICER OR EMPLOYEE-EMERGENCY MANAGEMENT

>>> GOOD EVENING, IT IS 7:25, WE'RE BACK IN SESSION FROM EXECUTIVE SESSION. WE HAVE A MOTION TO BE MADE.

>> I NEED THE MOTION TO APPROVE EMPLOYMENT OF THE EMERGENCY SPECIALIST WITH PAY IN THE FOURTH QUARTILE OF THE PAY

RANGE. >> WE HAVE A MOTION TO HIRE A PERSON IN THE FOURTH QUARTILE OF THE PAY RANGE.

IT'S SECONDED. PLEASE CAST YOUR VOTES.

THE ITEM PASSES 5-0. GIVEN THERE'S NO OTHER BUSINESS BEFORE US,

* This transcript was compiled from uncorrected Closed Captioning.