Nov 10, 2020 City Council

>> MAYOR RENO: GOOD EVENING. IT IS 6:00 P.M.

[00:00:02]

[Call to Order, Invocation, Pledge of Allegiance and the Preamble to the U.S. Constitution.]

I AM GOING TO MAKE A FEW POINTS ABOUT A PREAMBLE AS I HAVE BEEN FOR THE LAST SEVERAL COUNCIL SESSIONS.

THIS TIME IT FOCUSES ON ESTABLISHED JUSTICE.

JUSTICE IN SIMPLE TERMS IS FAIRNESS OR EQUITY AMONGST PEOPLE. THIS IS THE FIRST IN THE PREAMBLE OF THINGS TO ESTABLISHMENT AND I SAY IT IS THE MOST IMPORTANT. THERE ARE FOUR PARTICIPANTS IN THIS DRAMA WE HAVE IN OUR GOVERNMENT LIFE.

THERE ARE THOSE THAT WRITE THE LAWS.

THEY ARE TO WRITE THEM FAIRLY AND EQUITABLY.

THE COUNCIL IS AN EXAMPLE OF THAT.

THERE ARE THOSE THAT ENACT THE LAWS.

AND THAT WOULD BE STAFF, OUR POLICE FORCE.

FIRE PEOPLE, PEOPLE WHO GO OUT AND MAKE THE LAWS REAL.

THERE ARE THOSE THAT ADJUDICATE THE LAW.

THEY ARE TO JUDGE FAIRLY AND EQUITABLY AMONGST THE PEOPLE.

LAST BUT NOT LEAST THERE ARE THE PEOPLE, THE CITIZENS.

IT'S EXPECTED BY OUR FOUNDERS THAT WE ARE MATURE, RESPONSIBLE PEOPLE, THAT OBEY THE RULE OF LAW.

WITHOUT THE RULE OF LAW WE HAVE CHAOS.

YOU CAN LOOK AT THE DIFFERENT CITIES IN OUR COUNTRY AND FIND EXAMPLES OF THAT. IN THE PLEDGE WE SAY "JUSTICE FOR ALL," SO THIS IS AGAIN OUR MOST CHERISHED THING.

IN SCRIPTURE, IN VIDICUS IT SAYS YOU SHALL NOT BE PARIAL TO THE POOR, NOR DEFER TO THE GREAT BUT YOU HAVE TO JUDGE YOUR NEIGHBOR FAIRLY. PASTOR REYNOLDS IS THE PASTOR AT MOUNT PLEASANT BAPTIST CHURCH, I BELIEVE.

HE WILL SAY OUR INVOCATION, FOLLOWED BY MIKE RODGERS WHO

WILL LEAD US IN THE PLEDGES. >> GUEST SPEAKER: LET US PRAY.

GOD OF GRACE, GOD OF GLORY. HOW WE MARVEL AT YOUR GOODNESS.

YOU ARE SO KIND. YOU THOUGHT ENOUGH OF EACH OF US TO LET US BE PART OF THIS DAY. KNOWING THAT WE DID ENOUGH YESTERDAY THAT YOU COULD HAVE HAD THIS DAY WITHOUT US.

BUT WE THANK YOU FOR LOVING US SO VERY MUCH.

NOW WILL YOU BLESS OUR MAYOR AND HIS FAMILY, ALL OF THESE COUNCILMEMBERS, LIFT UP OUR CHIEF OF POLICE, HIS STAFF, FIRE CHIEF AND HIS STAFF. WE PRAY FOR ALL OF OUR CITIZENS IN THIS COMMUNITY. WE PRAY FOR THE AGENDA TONIGHT THAT IT WILL BE DONE IN ORDER, THAT ALL THE MATTERS IN CONCERN THAT COME IN THIS CHAMBER TONIGHT WILL BE BENEFICIAL TO THE PEOPLE OF MIDLOTHIAN. THANK YOU FOR LOVING US.

NOW MAKE US CONDUITS OF YOUR KINDNESS.

AS YOU ARE SO KIND TO US, WE'LL BE KIND TO ONE ANOTHER.

THANK YOU FOR YOUR SON JESUS, WHO IS THE SPONSOR OF OUR LIVES.

AND IT IS IN HIS NAME WE PRAY. AMEN.

>> AMEN. >> COUNCILMAN RODGERS: 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.

[2020-405]

>> MAYOR RENO: REGULAR AGENDA ITEM 2020-405.

CANVASS VOTES FROM THE CITY COUNCIL AND THE MAYORAL ELECTION OF NOVEMBER 3, 2020. CITY COUNCIL MEMBER, CITY OF MIDLOTHIAN, TEXAS, DID REVIEW AND CANVASS VOTES FROM THE CITY ELECTION CONDUCTED NOVEMBER 3, 2020, FOR THE OFFICES OF MAYOR, AND COUNCIL PLACES ONE AND TWO. I CERTIFY THAT THE TABULATION OF

[00:05:03]

AND THAT THE TABULATION WILL BE FILLED AND RECORDED IN OFFICIAL RECORDS OF THE CITY OF MIDLOTHIAN AS THE OFFICIAL CANVASS OF THE ELECTION SUBMITTED BY THE ELLIS COUNTY ELECTION ADMINISTRATOR JANNA OLNA.

FOR MAYOR, RICHARD RENO RECEIVED 250,037 VOTES UNOPPOSED.

ELECTED. PLACE ONE, WAYNE SIBLEY WITH 8,449 VOTES IS THE WINNER OVER DUSTIN SLATON.

6,292 VOTES. PLACE TWO, WALTER DARRACH UNOPPOSED. I RICHARD RENO CERTIFY THIS IS THE OFFICIAL ELECTION. AS A SIDE NOTE PLACE SIX IS REMAINED VACANT AND THERE IS A RUNOFF SCHEDULED FOR DECEMBER 8.

IS IT IMPORTANT THAT PEOPLE TURN OUT ON THE LAST ELECTION.

AS NOTE >>> 76% OF THE REGISTERED VOTERS VOTERRED IN THIS LAST ELECTION. -- VOTED IN THE LAST ELECTION.

DO WE NEED TO TAKE A MOTION ON THESE?

OR NOT? >> YOU CAN TAKE A MOTION.

>> I'LL MAKE A MOTION TO APPROVE.

>> MAYOR RENO: MOTION TO APPROVE.

>> COUNCILMEMBER: SECOND. >> MAYOR RENO: PLEASE VOTE.

THE ELECTION IS ACCEPTED BY VOTE OF 6-0.

[2020-406]

HE WAS ELECTED 2012 FIRST AND RE-ELECTED TWICE.

IN HIS TENURE, THE CITY HAS RECOGNIZED THE MOST RAPID GROWTH EVER IN THE HISTORY OF MIDLOTHIAN'S 132-YEAR HISTORY.

MORE IMPORTANTLY, THE ACCOMPLISHMENTS WILL ENRICH THE COMMUNITY FOR THE GENERATIONS TO COME.

MIKE IS TO BE APPLAUDED FOR BEING A CHAMPION OF SEVERAL COUNCIL INITIATIVES AND THE PROJECTS.

INCLUDING AND THE LIST IS MUCH TOO LONG, BUT OVERHAUL ORDINANCES, FENCE ORDINANCE, THE FIRE STATION, TRAINING, AND NUMBER ONE, THE METHODIST HOSPITAL DOWNTOWN MASTER PLAN, GOOGLE AND MANY MORE THAT IS TOO NUMEROUS TO MENTION.

HOWEVER, I WAS ENCOURAGED TO MENTION THAT YOU WORKED ON THE

CHICKEN ORDINANCE. >> COUNCILMAN RODGERS: THAT IS

CORRECT. >> MAYOR RENO: SO WE GREATLY -- I HAVE HEARD THAT SEVERAL CITIES USE THAT AS

THEIR -- >> WE SALVAGED ALL THE CHICKEN

BREEDERS IN THE CITY, CITYWIDE. >> MAYOR RENO: I'M SURE THAT MIKE'S SUCCESSOR WALTER DARRACH IS AWARE OF THE BIG SHOES HE IS FILLING AND WE LOOK FORWARD TO WALTER JOINING THE COUNCIL.

BUT WE WILL MISS MIKE. WE WILL MISS YOU GREATLY.

YOU HAVE BEEN AN INTEGRAL PART. YOU SHOWED FISCAL RESPONSIBILITY, EXCELLENT SERVICE AND STRONG DEDICATION.

SO, ON BEHALF OF THE CITY COUNCIL AND THE CITIZENS OF MIDLOTHIAN, I OFFER YOU AND YOUR FAMILY A HEARTFELT THANKS AND WISH YOUR GODSPEED FOR YOUR ENDEAVOR.

>> COUNCILMAN RODGERS: THANK YOU.

THANK YOU. THANK YOU VERY MUCH.

[APPLAUSE] THANK YOU, MAYOR.

I DID WANT TO SAY A COUPLE OF BRIEF WORDS.

I CANNOT EXPRESS THE OUTSTANDING BLESSINGS THAT I HAVE HAD IN SERVING MIDLOTHIAN AND ITS RESIDENTS.

IT ALL STARTED FOR ME BACK IN 1999 OR 2000.

I'M NOT SURE EXACTLY WHEN. BUT IT WAS LONG TIME AGO.

20 OR 21 YEARS AGO I WAS ASKED TO SERVE ON THE MIDLOTHIAN WATER DISTRICT BOARD BEFORE MIDLOTHIAN HAD THE WATER WITHIN THE CITY.

UNDER ITS OWN SUPERVISION. I SERVED ON THE BOARD FOR A COUPLE OF YEARS. THE CITY TOOK THE WATER DISTRICT OVER. THEN I MOVED IN TO THE UTILITY ADVISORY BOARD. WHERE I WAS BLESSED TO BE ABLE TO SERVE. AND WATCH THE NEW WATER PLANT COME ON OUR NEW BAG PLANT CAME ON.

SO I GOT TO LISTEN TO ALL THE ENGINEERING AND BE A BIG PART OF THAT. DURING THAT TIME WHILE SERVING ON THE UTILITY ADVISORY BOARD, I WAS BLESSED TO BE ABLE TO GO THROUGH THE CITIZENS ACADEMY. I WOULD ENCOURAGE ANY AND ALL

[00:10:03]

THEN SERVED ON THE PLANNING AND ZONING FOR A FEW YEARS AFTER THAT. THAT IS WHERE MY BUDDY WAYNE AND I STARTED -- BELIEVE IT OR NOT, WAYNE AND I HAVE BEEN SITTING IN THE SAME TWO SEATS SINCE ABOUT 2008.

JUST ODDLY ENOUGH WHEN WE MOVED TO COUNCIL WE BOTH ENDED UP IN THE SAME SEATS ON COUNCIL ALSO. OF COURSE, AFTER THAT, MOVING ON TO COUNCIL. AND CONCLUDING THAT TONIGHT TO FINISH UP A THIRD TERM. I JUST WANTED TO MAINLY LET ALL THOSE KNOW HERE TONIGHT AND ALL OF THOSE WHO MIGHT WATCH THIS ON LIVE STREAM, I HAVE SEEN A LOT IN MY TIME ON COUNCIL.

AND MY MANY YEARS THAT I HAVE BEEN BLESSED TO SERVE IN THE CITY. I BELIEVE I HAVE SEEN FOUR DIFFERENT CITY MANAGERS. I HAVE SEEN A LOT OF DIFFERENT CITY STAFF. I HAVE SEEN A LOT OF PLANNING AND ZONING DIRECTORS. I THINK I HAVE SEEN, I SERVED WITH A DIFFERENT POLICE CHIEF. I KNOW I DID WITH A DIFFERENT FIRE CHIEF. OUR STAFF THAT WE HAVE NOW I JUST CAN'T EXPRESS ENOUGH. WE ARE A VERY RICHLY BLESSED CITY. I SEE THE COMPLAINTS ON FACEBOOK FROM TIME TO TIME. AND I WILL ASSURE YOU I AM EASY TO FIND FAULT, IF IT COMES WITH ME.

BUT IT'S VERY HARD TO FIND FAULT WITHIN WHAT WE HAVE TODAY.

I'M VERY PROUD FROM OUR CITY MANAGER CHRIS, AND THE PLANNING AND ZONING DIRECTOR, CLYDE. THERE HAVE BEEN A LOT OF CHANGES OVERTIME. THE ECONOMIC DEVELOPMENT SIDE.

I CAN MOVE ON THROUGH THE POLICE DEPARTMENT, FIRE DEPARTMENT, FINANCE. I CAN'T FIND AN ISSUE OR A PROBLEM. WE ARE IMMENSELY BLESSED WITH EACH AND EVERY SERVANT WE HAVE ON OUR STAFF.

MOST IMPORTANT I WOULD LIKE TO THANK THE MAYOR.

AND I WOULD LIKE TO TELL THOSE WHO MIGHT WONDER THIS MAYOR HAS TAKEN ON A TREMENDOUS LOAD A COUPLE OF YEARS AGO COMING IN TO SERVE IN A FINAL YEAR. AND I WATCHED HIM PUT IMMENSE AMOUNT OF HOURS. IT TAKES 30 TO 40 HOURS MINIMALLY TO BE A GOOD MAYOR. I KNOW THE MAYOR PUTS THAT IN BECAUSE WHEN I'M DRIVING THROUGH TOWN, THE MAYOR HAPPENS TO HAVE AN OFFICE DOWNTOWN AND THE MAYOR IS JUST WALKING BACK AND FORTH ALL THE TIME. WELL, THE MAYOR HAS BEEN DOWN AT CITY HALL AGAIN. SO, IT'S BEEN AN IMMENSE BLESSING BEING ABLE TO SERVE EACH OF YOU.

I'M SURE WALTER WILL DO A WONDERFUL JOB.

AND THANKS MOST OF ALL FOR ALLOWING ME TO BE ABLE TO SERVE YOU AND YOU HAVE ALL BLESSED ME IMMENSELY.

THANK YOU. THANK YOU VERY MUCH.

[APPLAUSE] YOU BET.

THANK YOU, SIR. >> MAYOR RENO: AGENDA ITEM 2020-406 IS APPROVE PROCL PROCLAMATION.

[2020-407]

COUNCILMEMBERS AND MAYOR. >> PLEASE RAISE YOUR RIGHT HAND AND REPEAT AFTER ME. I --

>> IRENE RENO DO SOLEMNLY SWEAR I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF MAYOR OF THE CITY OF MIDLOTHIAN OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY PRESERVE, PROTECT AND DEFEND THE CONSTITUTION REASON AND LAWS OFE UNITED STATES AND OF THIS STATE SO HELP ME GOD.

>> I WAYNE SIBLEY DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF COUNCILMEMBER PLACE ONE OF THE CITY OF MIDLOTHIAN, OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY PRESERVE, PROTECT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THIS STATE

[00:15:02]

>> READY? RAISE YOUR RIGHT HAND.

HI -- STATE YOUR NAME. >> I WALTER DARRACH DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE COUNCILMEMBER PLACE TWO, OF THE CITY OF MIDLOTHIAN, OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY PRESERVE, PROTECT AND DEFEND THE CONSTITUTION, AND LAWS OF THE UNITED STATES AND OF THIS STATE, SO HELP ME GOD.

[APPLAUSE] >> MAYOR RENO: THE CONSENT

[Consent Agenda]

DO I HAVE A MOTION? >> COUNCILMEMBER: MOTION TO

APPROVE. >> COUNCILMEMBER: SECOND.

>> MAYOR RENO: PLEASE VOTE. ITEM PASSES 6-0.

EXCUSE ME. >> MOVING ON TO AGENDA ITEM --

>> BEFORE YOU LEAVE, GET TO THE CITIZENS TO BE HEARD.

>> YOU WANT TO DO THIS? >> CITIZENS TO BE HEARD.

>> I CAN. I'LL GO AHEAD.

I GET IN A HURRY HERE. THANK YOU, CHRIS.

ITEM 2020-408, CITIZENS TO BE HEARD.

COUNCIL INVITES THE CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC ALREADY ON THE PUBLIC HEARING. CITIZEN WISH TO SPEAK SHOULD COMPLETE A FORM AND BE SO RECOGNIZED.

WE HAVE NO ONE RIGHT NOW THAT I KNOW OF THAT WISHES TO BE HEARD.

IS THERE ANYONE? ALL RIGHT.

SO WE'LL GO ON NOW TO ITEM 2020-413.

[2020-413]

>> THANK YOU. AS THE MAYOR STEPS OUT I'LL TAKE 2020-413. CONDUCT PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR A RESTAURANT WITH DRIVE-THRU SERVICES RELATING TO THE USE AND DEVELOPMENT OF 0.813 ACRES OF LAND LOCATED ON LOT 1AR OF THE MIDTOWN PLAZA, AND LOCATED IN A PLANNED DEVELOPMENT DISTRICT NO. 2.

TRENT? >> TRENTON: ALL RIGHT.

SORRY. GIVE ME A SECOND.

THANK YOU. ALL RIGHT.

THE PROPOSED REQUEST IN FRONT OF YOU TODAY IS A SPECIFIC USE PERMIT FOR 1001 EAST MAIN STREET SUITE "C." IN ACCORDANCE TO THE 2.04 OF THE ZONING ORDINANCE.

ANY SORT OF USE THAT IS REQUESTING A DRIVE-THRU SERVICE DOES REQUIRE THE SPECIFIC USE PERMIT.

ALSO IN ACCORDANCE TO 2.04 THE RESTAURANTS OVER 1,000 SQUARE FEET REQUIRE SPECIFIC USE PERMIT.

IN THIS CASE, THE PROPOSED SUITE "C" IS 850 SQUARE FEET.

SO THE RESTAURANT IS PERMITTED BY THE RIGHT IN THIS CASE.

SO THE ONLY IN FRONT OF YOU IS SPECIFICALLY FOR THE DRIVE-THRU SERVICES. TAMMY, GO TO THE NEXT SCREEN.

IT'S NOT WORKING. THIS IS LOCATED IN AN EXISTING STRUCTURE. THE FORMER USE WAS A BOUTIQUE.

THEY ARE ASKING A CAFÉ STYLE WITH THE DRIVE-THRU SERVICE.

DRIVE-THRU SERVICE ON THE WEST SIDE OF THE BUILDING.

TAMMY, GO TO THE NEXT SCREEN. THE NEXT ONE.

WHAT THEY HAVE SHOWN ON THE SITE PLAN DOES MEET THE MINIMUM REQUIREMENTS. THE REQUEST FOR THEM TO SHOW A FIVE-CAR QUEUE, SHOWING THAT THE PROPOSED USE WOULD BE ABLE TO

[00:20:01]

ALSO WHAT WE DID IS WE DID MAKE SURE THEY DID MEET THE OTHER REGULATIONS; SUCH AS, THE PARKING.

WHAT WE DID IS WE TOOK IN TO THE CONSIDERATION THE REST OF THE USES EXISTING IN THE STRUCTURE AS WELL AS ANY BUILDING -- IF IT WERE TO BE CHANGED TO A RESTAURANT OF WHAT THE PARKING CENTERS WOULD BE REQUIRED HAVE. THE CURRENT PARKING DOES SATISFY ALL THE MINIMUM REQUIREMENTS. STAFF DID NOTICE PROPERTY OWNERS IN 200 FEET. SEVEN NOTICE WERE SENT OUT AND THE PLANNING AND ZONING RECOMMENDED APPROVAL UNANIMOUSLY ON OCTOBER 20, 2020. I CAN ANSWER QUESTIONS AT THIS TIME. THIS ITEM DOES REQUIRE A PUBLIC

HEARING. >> THANK YOU.

SINCE THIS IS A PUBLIC HEARING DO WE HAVE REGISTERED SPYINGERS? NO ONE REGISTERED. IF YOU WOULD LIKE TO SPEAK ON BEHALF OF THE AGENDA ITEM, SEE THE CITY SECRETARY AND FILL OUT A FORM SO WE CAN GET YOU SIGNED UP TO SPEAK.

WE HAVE ONE PREPARING. WHILE SHE IS FILLING OUT THE FORM, WE WILL CONTINUE THE DISCUSSION.

DOES COUNCIL HAVE QUESTIONS FOR TRENT?

>> COUNCILMEMBER: THIS IS WHERE THE PAPA JOHN'S IS?

>> TRENTON: CORRECT. THIS IS ON THIS BUILDING AND THESE ARE ON TWO DIFFERENT LOTS. I FAILED TO MENTION THEY ARE REQUESTING TWO MENU BOARDS OF SIMILAR STALE ON THE SIDE OF THE BUILDING -- SIMILAR STYLE ON THE SIDE OF THE BUILDING.

>> IS THERE ANY CONCERN THAT THIS IS BEHIND THE BUILDING AND BLOCKING -- I GUESS IT'S EMPLOYEE PARKING THERE?

>> TRENTON: WE DO NOT. THE BIGGEST CONCERN WAS THE FIRE LANE, WOULD IT BLOCK THE FIRE LANE? WE MADE SURE THEY DID MEET THE FIREREQUIREMENTS FOR THE FIRE L.

THERE IS A DRIVE-THRU STRUCTURE THAT IS CONSTRUCTED HERE.

AT SOME POINT IT MUST HAVE BEEN A DRIVE THROUGH BUT IT HASN'T BEEN USED FOR SO LONG THEY LOST THE ABILITY TO USE IT.

THERE IS ALSO A DRIVE-THRU WINDOW HERE.

SO ONE OF THE CONCERNS IS IF IN THE FUTURE THERE IS A DRIVE THROUGH THAT COMES THROUGH HERE THAT BLOCKING BOTH AREAS.

AS OF RIGHT NOW, WE ARE FINE WITH HOW IT IS LAID OUT.

>> COUNCILMEMBER: THAT WAS MY QUESTION.

THIS S.U.P. WILL GO AWAY ON THIS BUSINESS?

>> IT RUNS WITH THE LAND. IF THE BUSINESS STOPS BEING USED FOR A CERTAIN TIME PERIOD THAT IS LAID OUT IN THE ORDINANCE.

THEN IT WOULD STOP. >> COUNCILMEMBER: OKAY.

I WAS CONCERNED IF THIS DID COME BACK TO A DRIVE-THRU THEN WE HAD TWO. I DIDN'T KNOW IF WE COULD MAKE IT THE S.U.P. GO AWAY ONCE THE BUSINESS MOVES.

>> TRENTON: IN THE FUTURE -- >> COUNCILMEMBER: WHAT DO WE DO WITH THE STORAGE CONTAINERS? THAT WAS AN S.U.P.

>> TRENTON: IT RUNS WITH THE LAND AS WELL.

THERE IS TERMINATION LANGUAGE IN THAT ORDINANCE.

THERE IS TERMINATION LANGUAGE IN THIS ORDINANCE AS WELL.

THEY WOULD HAVE TO COME IN FOR AN S.U.P. AS WELL ON THE EAST

SIDE OF THE BUILDING. >> COUNCILMEMBER: WE HAVE A REGISTERED SPEAKER. MISS HIGHLAND.

WHEN YOU COME UP, STAY YOUR NAME FOR THE RECORD AND YOUR ADDRESS.

>> PUBLIC SPEAKER: I'M NICKY HIGHLAND.

MY ADDRESS 1480 FOX LANE, BURLESON, TEXAS.

I AM THE BUSINESS OWNER OF THE ROASTED BEANERY.

I JUST KIND OF WANT TO COME UP AND TELL YOU ABOUT OUR BUSINESS AND WHAT WE ARE WANTING TO DO FOR MIDLOTHIAN WHEN WE COME.

A LITTLE BIT ABOUT US. WE ARE ACTUALLY NOT LOCAL TO TEXAS. WE RECENTLY MOVED TO TEXAS.

HOWEVER, WE HAVE, THERE ARE THREE OWNERS BY THE WAY.

WE HAVE NOTICED HOW AWESOME THE COMMUNITY IS.

I WENT TO THE LION'S CLUB PANCAKE FEED LAST SATURDAY AND FELT HOW WARM AND WELCOMING THE COMMUNITY IS.

SO AS A BUSINESS COMING IN MIDLOTHIAN WE WANT TO PROJECT THAT SAME THING. WE ARE BIG TO GIVE BACK TO THE COMMUNITY. THE FIRST GRAND OPENING DAY WE LOOK TO PARTNER WITH THE MANNA HOUSE FIRST RESPONDERS WILL GET DISCOUNTS, NURSES, ALL THAT STUFF.

TEACHERS. WE WANT TO WORK WITH THE SCHOOL DISTRICT. ALL THAT GOOD STUFF.

I WANT TO GIVE YOU BACKGROUND WHAT WE ARE ABOUT.

NOT JUST COFFEE. THAT'S IT.

>> COUNCILMEMBER: GREAT. THANK YOU.

>> PUBLIC SPEAKER: ANY QUESTION?

>> MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND? >> SECOND FROM TED.

>> PLACE YOUR VOTES. CLOSING THE PUBLIC HEARING DOES

PASS 5-0. >> COUNCILMEMBER: MOTION TO

APPROVE. >> MOTION TO APPROVE.

SECOND FROM MR. SIBLEY. PLACE YOUR VOTES.

ITEM DOES PASS 5-0. WALTER, DO YOU MIND --

>> I I'LL GRAB HIM. >> THANK YOU.

>> WITH THAT WE MOVE TO THE NEXT AGENDA ITEM BUT WAIT FOR THE MAYOR TO OPEN THAT ITEM. THANK YOU.

[2020-414]

[00:25:07]

>> MAYOR RENO: OKAY. OPEN ITEM NUMBER 2020-414, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR A RETAIL CIGAR LOUNGE AUTHORIZING A 2,700 SQUARE FOOT PORTION OF THE BUILDING LOCATE AT 3261 FARM TO MARKET 663. TRENT?

>> TRENTON: THANK YOU. PROPOSED PROPERTY AT 3261 F.M.

663. UNIT "B." IT'S CURRENTLY ZONED COMMERCIAL DISTRICT.

WHAT THEY ARE REQUESTING TO DO IS TO OPEN UP A CIGAR RETAIL SHOP THAT ALLOWS FOR SMOKING ON PREMISE WITHIN THE BUILDING.

GENERALLY WHEN WE BRING FORTH SPECIFIC USE PERMITS, THEY ARE TYPICALLY GEARED TO SECTION 2.04 OF THE ZONING ORDINANCE OR THE ZONING ORDINANCE ALTOGETHER. HOWEVER IN THE CODE OF ORDINANCES, THE CITY OF MIDLOTHIAN CODE OF ORDINANCE HASA SPECIFIC USE PERMIT FOR SMOKING ESTABLISHMENT.

AGAIN, THE USE FOR RETAIL SALES IS PERMITTED SPECIFIC USE PERMIT FOR THE ACTUAL ACTION OF SMOKING WITHIN THE BUILDING.

IN ACCORDANCE TO 6.03.036, SUB CATEGORY C2C, THERE ARE VARIOUS PROVISIONS THEY HAVE TO FOLLOW IN ORDER FOR SMOKING TO OCCUR WITHIN THE BUILDING. IT HAS TO DO WITH VENTILATION, FILTERS. PRIOR TO THIS, PRIOR TO ANY PERMIT ISSUED IF THEY DECIDE TO MOVE FORWARD WITH THAT, THEY WOULD BE REQUIRED TO DEMONSTRATE THEY ARE MEETING THOSE REQUIREMENTS SET FORTH IN THE CODE OF ORDINANCE.

STAFF DID SEND OUT NOTICES WITHIN 200 FEET.

TOTAL OF THE 16 NOTICES WENT OUT.

ONE LETTER CAME BACK IN OPPOSITION.

THE ONE LETTER IN OPPOSITION DID NOT TRIGGER ANY SORT OF SOUPER MAJORITYVOTE. IT CAME FROM THIS SUBDIVISION OVER HERE. WHEN THE ITEM WENT BEFORE THE PLANNING AND ZONING COMMISSION ON OCTOBER 20, THE RECOMMENDATION WAS APPROVAL WITH A 5-0 VOTE.

STAFF DOES RECOMMEND APPROVAL. I CAN ANSWER ANY QUESTIONS AT THIS TIME. THIS ITEM DOES REQUIRE A PUBLIC

HEARING. >> MAYOR RENO: WHAT WAS THE

BASIS OF THE OPPOSITION? >> TRENTON: BASIS OF THE OPPOSITION THEY WERE CONCERNED ABOUT TRAFFIC.

SORRY. I APOLOGIZE, THE AMOUNT OF NOISE AND TRAFFIC THAT THIS TYPE OF BUSINESS WOULD BRING.

>> MAYOR RENO: WHAT WAS THE PRIOR BUSINESS?

>> TRENTON: THE PRIOR BUSINESS WAS A RESTAURANT.

IT WAS A PHILLY CHEESESTEAK. THEY MEET ALL THE OTHER PARKING,

ET CETERA. >> NEXT TO THE DOUGHNUT SHOP?

>> TRENTON: YES, SIR. >> MAYOR RENO: WE HAVE THREE

SPEAKERS. >> COUNCILMEMBER: I HAVE A

COUPLE OF QUESTIONS. >> GO AHEAD.

>> COUNCILMEMBER: TRENTON, MY QUESTION, ANY OF ANY QUESTIONS PRETTY MUCH REVOLVE AROUND JUST SMOKE, SMELL OF SMOKE, ANY KIND OF MOVING IN TO THE OTHER SUITES.

SO I KNOW THEY HAVE TO HAVE VENTILATION.

HOW DO WE TEST THE ENVELOPE, SO TO SPEAK, OF THAT SUITE TO ENSURE IT WON'T BE AN ISSUE FOR THE SURROUNDING SUITE OWNERS?

>> IT MEETS OUR STANDARDS. >> TRENTON: IT'S A HARD QUESTION TO ANSWER. THEY HAVE TO MEET THE BUILDING CODE REQUIREMENTS. SO WHEN THEY GO THROUGH THE REVIEW, I MEAN I GUARANTEE THEY WON'T SMELL IT IN THE SUITES.

THAT MIGHT BE AN ISSUE BETWEEN THE LANDLORD AND THE DIFFERENT SUITES. A CIVIL MATTER.

THE ONLY THING WE WILL BE ABLE TO REGULATE IS THEY MEET THE AIR VENTILATION SYSTEMS TO ALLOW FOR SMOKING WITHIN THE BUILDING ITSELF. THEY HAVE TO BE SPECIFIC ON WHERE THE SMOKING IS GOING TO BE LOCATED AT.

HOW IT IS GOING TO BE DESIGNED. THE SYSTEMS HAVE TO BE WITHI CE.

>> THE AIR VENTILATION SYSTEM IS SUPPOSED TO TAKE CARE OF THE

SMOKE. >> TRENTON: IT IS SUPPOSED TO -- FROM WHAT I UNDERSTAND, CORRECT.

>> COUNCILMEMBER: TO THAT, BUT YOU SAID YOU CAN'T GUARANTEE IT.

HOWEVER THE LANGUAGE IN THE S.U.P. UNDER SUBSECTION "G" SAYS THAT OCCUPANCY AND THE PROPERTY IS RETAIL CIGAR LOUNGE SHALL REMAIN SUSPENDED UNTIL THE OWNER OR THE MANAGER OF THE PROPERTY SUCCESSFULLY DEMONSTRATES THAT THE EVENTLATION SYSTEM FOR THE

[00:30:02]

>> TRENTON: I APOLOGIZE. I WAS REFERENCING THE SMELL.

I WON'T BE ABLE TO GUARANTEE THE SMELL DOESN'T CARRY OVER.

>> THAT IS WHAT IT SAYS HERE. IF ANY SMELL OR SMOKE --

>> TRENTON: I APOLOGIZE. THEY'D HAVE TO BE ABLE TO MEET

THOSE REQUIREMENTS. >> COUNCILMEMBER: HOW DO WE

MEASURE THAT? >> TRENTON: I WILL REFER IT TO THE CHIEF BUILDING OFFICIAL. HOW IT WOULD BE GARNERED.

I DON'T HAVE AN ANSWER FOR YOU AT THIS TIME.

>> COUNCILMEMBER: TRENT, CAN YOU GO TO THE NEXT SLIDE.

HELP ME ORIENT ON THE FLOOR PLAN.

FRONT DOOR AT THE BOTTOM OR THE TOP?

>> TRENTON: SO THE FRONT OF THE STRUCTURE --

>> BOTTOM? OKAY.

THAT IS WHAT I ASSUMED. I WANTED TO CONFIRM THAT.

THANK YOU. >> MAYOR RENO: THERE ARE SPEAKERS. DOES COUNCIL HAVE MORE QUESTIONS? EDWIN BROWN IS OUR FIRST SPEAKER. I SAID, "EDWIN."

I'M SORRY. >> PUBLIC SPEAKER: DON'T WORRY ABOUT THAT. I'M EDWINA BROWN.

8200 CLARKS SPRING DRIVE. >> MAYOR RENO: YOU MAY TAKE YOUR MASS OFF IF YOU ARE COMFORTABLE OR LEAVE IT ON.

IT'S THE SPEAKER'S CHOICE. >> PUBLIC SPEAKER: THANK YOU.

I'M FROM DALLAS, TEXAS, WITH MY BUSINESS PARTNER JACOBY BURNS AS WELL AS ONE OF THE STATE VENDORS OF TWO OF THE CIGAR BRANDS.

SCOTT LEWIS IS HERE AS WELL. I AM HERE TO PAINT A PICTURE FOR YOU GUYS AND WHAT THIS LOOKS LIKE.

I THINK THAT THE CITY OF MIDLOTHIAN IS A PRIME LOCATION FOR A BUSINESS SUCH AS THIS ONE. THE CIGAR LOUNGE REPRESENTS A COMMUNITY OF FAMILY. FAMILY WHERE YOU CAN GET OUT OF THE HOME AND HAVE BUSINESS MEETINGS OR HAVE CONVERSATIONS WITH THE COMRADES. THAT IS WHAT CIGARS DO.

THEY BRING YOU TOGETHER. IT'S AN INCLUSION ZONE.

IT'S NONJUDGMENTAL. WE CURRENTLY HAVE A PROPERTY IN DUNCANVILLE. SO I UNDERSTAND YOUR CONCERNS, SIR, ABOUT THE SMOKE. YOU CAN SEE HERE TO THE LEFT, ALSO TO THE TOP OF THE SCREEN, ALSO TO THE RIGHT THOSE ARE HUMIDIFICATION DEVICES THAT WE PLAN TO USE.

EACH OF THESE DEVICES ARE SAID TO COVER A SPECIFIC SQUARE FOOTAGE. BECAUSE WE HAVE MAPPED OUT THE SQUARE FOOTAGE OF THIS PARTICULAR RETAIL SPACE, WE BELIEVE THAT THESE THREE, IF NOT FOUR, WOULD BE ADEQUATE.

MORE THAN ENOUGH. WE ARE CROSSING OVER TWO YEARS IN OUR OTHER SPACE. SO, THAT IS SOMETHING THAT WE ARE CONSTANTLY WORKING AT HAND TO KEEP THE SMOKE OUT AND OUT OF OTHER, THE OTHER SPACES NEXT TO US.

SO WE HAVE TO TWO YEARS OF TRIAL AND ERROR NOW.

THIS WILL BE A NEW SPACE SO I DO UNDERSTAND THE CONCERNS WITH THAT. THE OTHER THING THAT CIGARS DO FOR US IS ONE, IT'S A CELEBRATION.

JOB PROMOTION. YOU COME OUT WITH YOUR BUDDIES.

YOU ARE IN A SAFE ENVIRONMENT. IT'S NOT LOUD AT ALL.

THAT IS WHAT THE WALLS ARE SUPPOSED TO BE FOR.

BUT GAR CIGARS ARE A QUIET PLAC. IF YOU WANT TO CATCH READ A NEWSPAPER, WATCH A GAME, PLAY CHESS.

IT'S A QUIET SPACE TO ZONE IN TO YOURSELF AND THERE IS NOT MUCH LOUD ABOUT IT. IT'S CELEBRATORY.

YOU SEE PROFESSIONAL ATHLETES AFTER THE WIN THEY HAVE A CIGAR IN THEIR HAND. WHETHER IT'S A NEW BABY OR WHATEVER THE CASE MAY BE, A SPACE FOR MEN AND WOMEN.

WE BELIEVE IN INCLUSION. THAT IS PRETTY MUCH WHAT I HAVE.

>> COUNCILMEMBER: I HAVE A QUESTION.

I HAVE ONLY BEEN TO A CIGAR BAR ONCE AND I WAS A GUEST OF SOMEONE ELSE FOR A MEETING MUCH LIKE YOU SAID.

IT HAD LOCKERS FOR MEMBERS AND BOURBONS TO ENJOY WHILE SMOKING.

IS THAT THE PLAN HERE AS WELL? >> PUBLIC SPEAKER: ABSOLUTELY.

WE WOULD BE THAT B.Y.O.B., WE ARE NOT REQUESTING TO SELL LIQUOR IN OUR SPACE. WE HAVE LOCKERS FOR THOSE WHO WOULD LIKE TO HOUSE THEIRS. LIKE GOING TO THE GENE.

YOU HOUSE, INSTEAD OF BRINGING THE SNEAKERS BACK AND FORTH YOU CAN HOUSE YOUR CIGARS, OUR GLASS, OUR WHISKEY IN YOUR

SPACE, IN YOUR L LOCKER PROVIDE. >> COUNCILMEMBER: THANK YOU.

>> PUBLIC SPEAKER: YOU ARE WELCOME.

>> MAYOR RENO: WHAT IS THE MAX OCCUPANCY?

>> AT 2700 SQUARE FEET WE WOULD LEAN TO THE C CITY CODE.

[00:35:10]

>> DO YOU TEND TO FILL UP OR STAY --

>> PUBLIC SPEAKER: ON A NORMAL DAY IN A SPACE LIKE THIS, YOU SEE A MOCK-UP AND WHAT WE ARE DREAMING ABOUT HAVING.

WE MAY SEE 10 CUSTOMERS ON A NORMAL DAY THAT ARE SITTING INSIDE OF THE LOUNGE. A LOT OF THROUGH TRAFFIC.

A LOT OF PEOPLE WANT TO GO GRAB A CIGAR AND GO TO BACKYARD OR WHATEVER THE CASE MAY BE. BUT SEATING INSIDE, YOU KNOW, I THINK A GOOD DAY FOR US IF WE SEE TEN, THEN BUSINESS HAS BEEN

MET FOR THAT DAY. >> MAYOR RENO: HOW LONG DOES

SOMEBODY TEND TO STAY THERE? >> PUBLIC SPEAKER: GREAT

QUESTION. >> MAYOR RENO: CURIOSITY.

>> PUBLIC SPEAKER: I WOULD SAY THE AVERAGE CIGAR 45 MINUTES TO AN HOUR. SOMETIMES LONGER DEPENDING ON THE LENGTH OF THE CIGAR. I THINK OUR EUROPEAN COUNTERPARTS ARE DOING FAMILY A LITTLE DIFFERENT.

THEY ARE DOING FAMILY DINNERS, SPENDING THREE HOURS IN MEALS.

WE ARE NOT DOING THAT. I THINK A CIGAR BRINGS US TOGETHER TO WHERE WE CAN SPEND AN HOUR AND A HALF WITH A BUDDY OUTSIDE OF A WORK, OUTSIDE OF THE HOME.

WITH A SISTER, OUTSIDE OF HOME. TO SHARE CONVERSATION.

>> MAYOR RENO: OKAY. ALL RIGHT.

THANK YOU. >> PUBLIC SPEAKER: THANK YOU.

>> MAYOR RENO: NEXT SPEAKER WILL BE G. SCOTT LEWIS.

I DON'T KNOW IF I DID THIS OR NOT.

>> PUBLIC SPEAKER: I'M SCOTT LEWIS.

I SHOULD HAVE WRITTEN ON THE PAGE, I ACTUALLY REPRESENT THE TEXAS CIGAR MERCHANTS ASSOCIATION.

WE ARE THE STATE ORGANIZATION THAT REPRESENTS CIGAR STORAGE ACROSS THE ENTIRE STATE. WHAT I WANT TO TELL YOU IS WHAT WE ARE NOT. THE TEXAS CIGAR MERCHANTS ASSOCIATION DOESN'T SUPPORT BARS.

WE DON'T SUPPORT HOOKAH LOUNGES OR THE CIGARETTE PLACES WHERE YOU ROLL YOUR OWN PAPERS AND ALL THAT STUFF.

THE ONLY PEOPLE WE REPRESENT CIGAR STORES.

PREMIUM CIGAR STORES. THE STORES THAT I REPRESENT ACROSS THE STATE OF TEXAS, THEY ARE NOT LOUD PARTY SPOTS.

THEY ARE NOT DANCE CLUBS. IF THEY WERE, WE WOULDN'T REPRESENT THEM. THAT IS NOT WHAT WE DO.

BASED ON HER HUSBAND IN DBUSINESS INDUNCANVILLE AND HOWT HERE WE ARE HAPPY TO HAVE HER AS A MEMBER OF THE ORGANIZATION.

THAT IS WHAT I WANTED TO TELL YOU IS WHAT IT'S NOT.

BECAUSE WE HAVE TALKED ABOUT WHAT IT IS.

THAT IS PRETTY WELL ALL I'VE GOT.

>> COUNCILMEMBER: THANK YOU. >> MAYOR RENO: THANK YOU.

NEXT SPEAKER IS JACOBY BURNS. >> PUBLIC SPEAKER: I DON'T

HAVE ANYTHING TO SAY. >> MAYOR RENO: THANK YOU VERY

MUCH. >> COUNCILMEMBER: I MAKE A

MOTION TO CLOSE PUBLIC HEARING. >> MAYOR RENO: MOTION TO CLOSE. SECOND?

>> COUNCILMEMBER: SECOND. >> MAYOR RENO: PLEASE VOTE.

ITEM PASSES 5-0. WITH MR. MILLER ABSENT.

TRENT, CAN YOU -- >> THAT WAS A PUBLIC HEARING.

>> MAYOR RENO: SORRY. THE ITEM 2020-414 IS CLOSED.

>> I WILL SAY THAT THE GENTLEMAN ANSWERED A LOT OF MY QUESTIONS I HAD GOING IN. IT SOUNDS TO ME LIKE THIS WILL BE A HIGHER CLASS SORT OF FACILITY.

I WOULD BE IN SUPPORT OF. UNLESS THERE IS FURTHER QUESTIONS I'LL MAKE A MOTION TO APPROVE.

>> SECOND. >> MAYOR RENO: CAN WE BE A

LITTLE BIT SLOWER HERE? >> YEAH.

>> MAYOR RENO: WHAT IS THE OCCUPANCY, TRENT, OF THE BUILDING? MAX.

>> TRENTON: THAT WILL ALL DEPEND ON HOW THE FINAL SETUP WILL BE, HOW MANY CHAIRS THEY HAVE.

SO, WE GENERALLY CALCULATE THAT AT THE PERMIT STAGE.

>> YOU DON'T HAVE A RULE OF THUMB FOR SIZE OF THE BUILDING?

>> TRENTON: NO. THERE ARE VARIOUS FACTORS THAT GO INTO IT. FIXED SEATING VERSUS THE

NON-FIXED SEATING. >> MAYOR RENO: HOW IS ALCOHOL REGULATED SINCE THEY ARE NOT SERVING BUT ALLOWING PEOPLE TO

BRING? >> TRENTON: IN ACCORDANCE TO THE ZONING ORDINANCE THEY WOULDN'T BE ABLE TO SELL BUT THERE IS NOTHING WE CAN DO TO PREVENT SOMEONE TO B.Y.O.B. TO THE PROPERTY. SUCH AS, WE COULDN'T REGULATE SOMEONE BRINGING THE ALCOHOL TO YOUR PRIVATE PROPERTY FROM THEIR HOUSE. IT'S A SIMILAR SITUATION.

>> MAYOR RENO: IT DOESN'T HAVE TO BE A PRIVATE CLUN OR SOMETHING, IT CAN BE OPEN TO THE PUBLIC?

>> TRENTON: AS LONG AS THERE IS NO SELLING IT, ANYONE CAN

BRING THEIR OWN ALCOHOL. >> COUNCILMEMBER: WE CAN'T REGULATE THAT ANYWAY. OUR STATE WOULD.

>>

[00:40:06]

>> THE CITY IS PRE-EMPTED OF THOSE ESTABLISHMENTS.

MANY RETAIL COULD BE B.Y.O.B. IF THEY DON'T ALREADY HAVE A LICENSE BY T.A.B.C. WE ARE PRE-EMPTED FROM REGULATING THOSE. OBVIOUSLY ANY OF THE SECONDARY FECTS THAT MAY BE CAUSED BY ESTABLISH -- EFFECTS THAT MAY BE CAUSED BY SOMEONE BRINGING THEIR OWN ALCOHOL WE CAN REGULATE THOSE. AND WE DO.

>> MAYOR RENO: IN ANCIENT DAYS THEY HAD TO BE A PRIVATE CLUB.

>> YEP. PRIVATE CLUBS ARE A LITTLE BIT DIFFERENT. PRIVATE CLUBS ARE ALLOWED IN DRY

AREAS. >> MAYOR RENO: SO WE HAVE A MOTION ON THE TABLE. SECONDED.

WHAT WAS YOUR MOTION? >> COUNCILMEMBER: MOTION TO APPROVE AGENDA ITEM AS PRESENTED.

>> MAYOR RENO: SO PLEASE VOTE. ITEM PASSES 4-1.

WITH MR. MILLER ABSTAINING. SOMEBODY TELL TED TO COME BACK.

OPEN ITEM 2020-415, CONDUCT A PUBLIC HEARING AND CONSIDER AND

[2020-415]

TRENT? >> TRENTON: THANK YOU.

THIS AN AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT 117 KNOWN AS AZALEA HOLLOW. THE REQUEST THEY ARE ASKING FOR TODAY IS CHANGE THE GARAGE MINIMUM -- WHAT THE PERCENTAGE IS FOR THE FRONT ENTRY GARAGES. TYPICALLY WITH THE DEVELOPMENTS WITH THE COMPREHENSIVE PLAN IT STATES THAT NO FRONT ENTRY GARAGES ARE PERMITTED. WE HAVE HAD VARIOUS DISCUSSIONS OVER THE LAST COUPLE OF MONTHS. SOME P.D. ALLOW FOR THE 65%, 50%. WHERE DOES THIS FALL IN? WITH THIS DEVELOPMENT, IN OUR PROFESSIONAL OPINION, IT DIFFERENT THAN THE OTHER PLANNED DEVELOPMENT FOR THE SINGLE FAMILY RESIDENTIAL IN THE AREA. THIS IS A VERY CUSTOM DEVELOPMENT. EACH HOUSE IS CUSTOM DESIGNED BASED OF THEM MEETING WITH THE PROPERTY OWNER.

THEY ARE ASKING THAT UP TO 20% OF THE DWELLING UNITS BE ALLOWED THE FRONT ENTRY IF IT HAS A 70-FOOT FRONT SETBACK FROM THE FRONT PROPERTY LINE. GENERALLY THE SETBACKS RANGE FROM FRONT ENTRY 25 TO 30 FEET. GARAGES HAVE TO BE SET BACK ADDITIONAL FIVE FEET FROM THE FRONT FOR A FACADE OF THE HOME.

THEY REQUEST AN ADDITIONAL 65% TO ALLOW FRONT ENTRY IF THEY CAN MEET THE OTHER FOLLOWING REQUIREMENTS.

THEY ARE REQUIRING THEY HAVE A TWO-GARGARAGE BAY.

THE FRONT MUST BE NO LESS THAN 20 FEET FROM THE FRONT SETBACK LINE. AND TO THE FURTHER PART OF THE CORNER OF THE SIDE ENTRY. ET CETERA.

THEY START TO DEVELOP THE CUSTOM HOMES AND THE WAY THEY ARE LAID OUT. IF YOU READ THE ORDINANCE, WORD FOR WORD HOW IT'S WRITTEN, THEY HAD THE HOMES THAT ARE ON ANGLES, JUST HOW THE GARAGES ARE SETBACK PRETTY FAR AWAY IT WOULD STILL TRIGGER THE NO FRONT-ENTRY GARAGE HOW BEFORE.

STAFF DOES RECOMMEND APPROVAL OF THE PROPOSED CHANGE.

WE DO FEEL THAT THIS WILL ALLOW FOR FLEXIBILITY.

THIS IS NOT THE TYPICAL FRONT-ENTRY WE HAVE BEEN DEALING WITH AS OF LATE WITH THE MULTIPLE DISCUSSIONS THAT IS UNIQUE TO PLANNED DEVELOPMENT. WE DID NOT NOTICE THE PROPERTY OWNERS WITHIN 200 FEET. 37 WENT OUT AND 0 CAME BACK IN FAVOR AND 0 CAME BACK IN OPPOSITION.

THIS WENT BEFORE THE PLANNING AND ZONING COMMISSION ON OCTOBER 20. THEY RECOMMENDED APPROVAL UNANIMOUSLY 5-0. IT REQUIRES A PUBLIC HEARING AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> COUNCILMEMBER: SINCE THIS IS A 70-FOOT SETBACK, I DIDN'T UNDERSTAND HOW BIG THE LOTS WERE.

>> TRENTON: THE LOTS RANGE BUT GENERALLY THEY ARE ALL LARGER THAN ONE ACRE IN SIZE. THERE ARE A COUPLE OF LOTS

[00:45:03]

BUT THEY ARE ALL REQUIRED TO BE ON THE SEPTIC SYSTEM AS WELL.

SO THEY ACTUALLY CAME PART OF THE ORIGINAL P.D. TO AMEND A COUPLE OF LOTS IN THE DEVELOPMENT TO BE BARELY UNDER THAT ONE ACRE IN SIZE. THE APPLICANT DID SAY A LOT OF WHAT THEY ARE DESIGNING HERE. YOU CAN SEE THIS HOUSE ON THE BOTTOM. IF YOU SEE THIS STRUCTURE, THIS DRIVE-THRU STRUCTURE THAT CONNECTS THE BUILDINGS, RIGHT THERE THE DARK SQUARE IS THE GARAGE.

BUT IT'S NOT CONSIDERED FRONT-ENTRY GARAGE AND IT'S NOT PERMITTED EVEN THOUGH YOU CAN'T SEE IT FROM THE ROAD.

THAT IS HOW THE ORDINANCE READ. BECAUSE OF THAT, THEY ARE WANTING TO -- THEY HAD TO COME IN FOR AN AMENDMENT TO ALLOW FOR THE DESIGN; SUCH AS, THIS. THIS IS AN EXAMPLE OF THE HOUSE ON A CORNER. IF THE GARAGE FACE AWAY, JUST GIVE AN EXAMPLE OF TWO OF THE HOUSES THAT WE HAD ISSUES IN THE

PERMIT. >> COUNCILMEMBER: DOES THE

BOTTOM HOUSE HAVE ONE GARAGE? >> TRENTON: THERE ARE MULTIPLE GARAGES. IT'S HARD TO SEE THE ELEVATION.

>> J-SWING. >> TRENTON: RIGHT.

IT'S NOT THE TYPICAL DESIGN. THEY HAVE THE DRIVE-THRU.

A LOT OF IT IS HIDDEN BEHIND HERE.

>> WHAT SIZE ARE THE HOMES? >> TRENTON: OH.

[INAUDIBLE] THANK YOU.

3,000 SQUARE FEET IS THE MINIMUM SIZE.

COUNTRY ARE THE SELLVATION WE LOOK --

>> COUNCILMEMBER: ARE THE ELEVATION THEIR PRODUCT?

>> TRENTON: THIS IS A BUILDING PERMIT SUBMIT TO US AND THIS IS ONE OF THE DESIGNS THAT THE ARCHITECT CAME UP FOR ANOTHER PROPERTY. I THINK THEY HAVE ACTUALLY BUILT THIS FOR A DIFFERENT DEVELOPMENT THEY HAD.

HOWEVER, WITH EACH HOME THEY HAD THE ARCHITECT SPECIFICALLY DESIGN. THEY DON'T HAVE STOCK PRODUCT.

THEY COME IN AND DESIGN IT FROM WHAT I UNDERSTAND.

THE APPLICANT CAN SPEAK ON THIS. >> COUNCILMEMBER: CAN THE

APPLICANT COME FORWARD? >> TRENTON: ABSOLUTELY.

>> GUEST SPEAKER: I'M TAYLOR, FROM MIDLOTHIAN.

PRESIDENT OF AUGUSTA VENTURES AND AUGUSTA CUSTOM HOMES.

AS TRENT SAID, THE TWO HOUSES ACTUALLY, THE ONE ON THE TOP IS MY PERSONAL HOME IN THE AVIARY. SO YOU CAN DRIVE UP OFF OF WALNUT GROVE IN SHILOH AND SEE THE HOUSE.

IT'S IN THE CUL-DE-SAC THERE. THE ONE BELOW THERE IS THE SECOND HOUSE WE ARE BUILDING IN AZALEA NOW.

IT'S BEING FRAMED TODAY. THAT WAS THE ONE THAT KIND OF SPARKED THIS. YOU KNOW GOING BACK A YEAR AND A HALF WHEN WORKING WITH THE STAFF.

MARCOS AND TRENTON. I THINK WE GOT SO CAUGHT UP IN TRYING TO MEET ALL THE SECONDARY AMENDMENTS AND AS MANY AS WE COULD AND THE PRIMARY THAT, YOU KNOW, THERE WAS LIKE ONE SENTENCE IN THE ORDINANCE WAS ALMOST LIKE A TYPE SCRIPT FROM ANOTHER DEVELOPMENT THAT PRECLUDED US SO WE HAVE MISS BOISE'S HOUSE ON THE BOTTOM THERE.

THEY ENDED UP APROVING THAT BECAUSE IT'S AN A CONCERN AND "V" SHAPE. IT'S THE SECOND HOUSE WE SUBMITTED FOR THE BUILDING PERMIT CLIENT.

THE ARCHITECT DESIGNED IT JUST LIKE THAT WITH THE PORTICA SHAY AND THE SAME SITUATION. SUBMIT BUILDING PERMIT.

THE ONE LINE WAS HINDERING US. EVEN THOUGH IT'S ABOUT 85 FOOT BACK BEHIND A PORTICA SHAY. IT SPARKED, THE WAY THE P.D.

AMENDMENT IS WRITTEN IS THIS IS NEVER DRIVE UP 40 FEET OFF THE GARAGE AND OFF THE CURB. THIS IS AT LEAST A 70 FOOT ON ALL FRONT-FACING. SECTION "B" AND "C," YOU WILL HAVE THE TWO CAR FACING THE SIDE AND THREE FACING THE FRONT.

BUT ALL THE ONES FACING THE FRONT HAVE TO BE AT LEAST BEHIND THE ONES FACING THE SIDE. THIS IS ONLY, I'M ONLY ASKING FOR 22. HAVING THE FRONT FACING.

I'D SAY 80 OF THE 110 HO HOMES L HAVE TYPICAL SIDE-ENTRY GARAGES.

>> COUNCILMEMBER: CAN YOU LOOK AT THAT PICTURE?

NEXT. >> GUEST SPEAKER: THAT MAY BE FROM PLANNING AND ZONING. NOT SURE.

>> COUNCILMEMBER: GO BACK ONE MORE.

>> GUEST SPEAKER: THERE? WE HAVEN'T BUILT THAT ONE YET.

>> MAYOR RENO: YOUR HOMES ARE CUSTOM BUILT?

>> YES. >> DO ANY OF THEM REPEAT?

[00:50:02]

>> GUEST SPEAKER: NO, SIR. 100%.

IF SOMEONE LIKED ONE OF OUR TWO ARCHITECTS WE WORK WITH, YOU KNOW, GENERAL IDEA, LET'S SAY MY HOUSE FOR EXAMPLE, WE ARE NEVER GOING TO PICK IT UP OFF THE SHELF AND REBUILD IT BUT MAYBE IT'S THE STARTING POINT. SEVEN STREETS TECHNICALLY IN AZALEA. IT CAN BE BUILT SEVEN TIMES BUT WE HAVE NEVER BUILT IN CLOSE TO THE SAME HOUSE TWICE.

A LOT OF THIS JUST PLEASE UNDERSTAND IS ALL COMING FROM THE ARCHITECTURAL STYLES. THERE IS 26 TRUE ARCHITECTURAL STYLES. WE JUST DID NOT WANT TO BE HANDCUFFED. THESE MOTOR COURTS AND THE PORTICA SHAY ARE PART OF THE STYLE.

THE FRONT-FACING IS PART OF THAT STYLE.

>> COUNCILMEMBER: WHAT IS YOUR, WHAT DO YOU SHOOT FOR, FOR AN AVERAGE PRAYS POINT PER SQUARE FOOT FOR THE MONSTERS?

$500,000 UP HOUSES AREN'T THEY? >> GUEST SPEAKER: THAT IS A LOADED QUESTION. IT'S TRUE.

YOU CAN VISIT. I'LL HAPPILY HAVE YOU OUT THERE.

WE HAVE THE FINISHED PRODUCT AND WE ARE BUILDING HOMES.

WE WANT IT TO BE AROUND $100,000 ON THE LOTS WHICH IS COMPETITIVE WITH SOME OF THE OTHER CUSTOM BUILDERS IN ELLIS COUNTY.

SO YOU CAN GET IN A LOT FOR $105,000.

IF YOU ARE AROUND 3,000 SQUARE FOOT WE BUILT A HOUSE IN WAXAHACHIE THAT IS $99 A SQUARE FOOT.

BUILDING A HOUSE IN DALLAS THAT IS $425 A SQUARE FOOT.

THAT IS NOT THE ANSWER YOU WANT TO HEAR BUT YOU ARE LOOKING IN THE MID-TO-THE HIGH 100S. $175 IS A GOOD AVERAGE PER SQUARE FOOT. WE DID HAVE AN APPRAISAL ON THIS HOUSE ON HERE BECAUSE IT'S ONLY 3100 SQUARE FOOT.

IT WILL APPRAISE FOR $375 SQUARE FOOT.

WHICH IS THE HIGHEST IT'S BEEN AROUND HERE.

WE ARE KIND OF BUILDING OUR OWN ZIP CODE.

>> COUNCILMEMBER: YOU ARE NOT FOX AND JACOBS OR CHOICE HOMES.

>> GUEST SPEAKER: WE WANT TO BUILD FOR AS MANY PEOPLE AS WE

CAN. >> COUNCILMEMBER: THANK YOU,

SIR. >> COUNCILMEMBER: I HAVE A QUICK QUESTION. THIS MAY BE BETTER DIRECTED TO STAFF. UNDER THAT PROPOSAL B, SUBSECTION 2, I DON'T SEE THAT ANYWHERE IN THIS PRESENTATION WHERE IT SAYS THE FRONT FACADE OR THE FRONT ENTRY GARAGE MUST BE SET BACK NO LESS THAN 20 FEET FROM THE FRONT SETBACK.

SO LIKE TAKE THAT HOUSE ON THE BOTTOM.

THOSE GARAGES ARE IN FRONT OF THAT HOUSE.

RIGHT? >> GUEST SPEAKER: THESE PICTURES WERE REALLY NOT -- THESE PICTURES WERE FOR SECTION "A." SECTION "B" IS SIMPLY A NORMAL SIDE ENTRY GARAGE DRIVE TURN IN THE SIDE.

IF YOU HAVE MORE THAN THOSE TWO, LIKE ANOTHER TWO.

KIND OF LIKE AN "L" SHAPE, THOSE HAVE TO BE BEHIND THE SIDE ENTRY ONES. AND I THINK THEY SAID 20 BECAUSE A GARAGE, LIKE A TWO-CAR GARAGE IS ABOUT 18.

YOU GOT THE SIDE WALLS AND STUFF.

I THINK THAT WAS THE INTENTION BEHIND IT.

>> COUNCILMEMBER: I HAVE ONE OTHER QUESTION.

THIS GOES BACK TO THE PICTURE THAT THE MAYOR REFERENCED WITH THE SIX GARAGE STALLS. THREE AND THREE ON EITHER SIDE.

>> GUEST SPEAKER: YES, SIR. >> COUNCILMEMBER: IS THAT ONE OF THE -- HAVE YOU BUILT THAT BEFORE?

>> GUEST SPEAKER: THAT WAS A STOCK PICTURE.

EVERYTHING ELSE WE HAVE DONE. WE ARE JUST TRYING TO GIVE EXAMPLING OF THE FRONT-ENTRY GARAGES.

>> THAT SOLVES THAT. MY QUESTION IS NOT ONLY ARE THE GARAGES BOTH IN FRONT OF THE BUILDING --

>> GUEST SPEAKER: I UNDERSTAND.

>> IT WOULD THROW THE WHOLE THING OUT.

SO, OKAY. THANK YOU.

[INAUDIBLE] >> GUEST SPEAKER: ALMOST TWO ACRES. LIKE TRENTON SAID WE HAVE .65 UP TO TWO ACRES. THERE ARE RESTRICTIONS ON THE .65 TO THE .75 ACRE LOTS ON THE SEPTIC.

BUT BESIDES THAT, WE ALSO WITH THE INITIAL P.D. OUR ARCHITECT DID A LOT OF DIFFERENT SITE PLANS AND PROVED THERE IS NO ISSUE OF PUTTING UP THE 3,000, 4,000 SQUARE FOOT UNDER ROOF HOUSE WITH A CIRCLE GARAGE AND A POOL.

AND STILL BE ABLE TO FIND THE ROOM TO SPRAY YOUR SEPTIC.

NO ISSUES THERE. >> COUNCILMEMBER: THANK YOU.

>> MAYOR RENO: GENTLEMEN, ANY MORE QUESTIONS?

>> GUEST SPEAKER: THANK YOU, COUNCIL.

>> MAYOR RENO: DO WE HAVE A MOTION TO CLOSE?

>> COUNCILMEMBER: MAKE A MOTION TO CLOSE PUBLIC HEARING.

>> COUNCILMEMBER: SECOND. >> MAYOR RENO: MOTION TO CLOSE. SECOND.

PLEASE VOTE. ITEM IS CLOSED.

6-0. DISCUSSION?

>> MOVE TO APPROVE. >> SECOND.

>> MAYOR RENO: MOTION TO APPROVE AND SECONDED.

PLEASE VOTE. ITEM PASSES 6-0.

[2020-416]

>> AT THEIR REQUEST. >> WE NEED A MOTION ON THIS.

[00:55:02]

>> SORRY. DO WE HAVE A MOTION?

>> I'LL MAKE A MOTION TO CONTINUE TO THE NEXT HEARING.

>> MAYOR RENO: MOTION TO CONTINUE WITH A SECOND.

>> DECEMBER 8. >> MAYOR RENO: TO DECEMBER 8.

YES. >> THANK YOU.

>> MAYOR RENO: ALL RIGHT. PLEASE VOTE.

ITEM PASSES 6-0 TO CONTINUE TO DECEMBER 8.

[2020-417]

MIKE? >> THIS IS THE YEARLY REPLACEMENT OF APPROXIMATELY A THIRD OF OUR -- THIS IS OUR REPLACEMENT OF A THIRD FOR OUR CITY.

WE REPLACE A THIRD EACH YEAR. IT'S SLIGHTLY WON KY.

WE RUN IT EACH YEAR THROUGH DELL COMPUTERS.

A LONG HISTORY WITH THEM WITH GOOD SUPPORT AND LUCK WITH THE SYSTEMS THEMSELVES SO WE ARE JUST LOOKING TO CONTINUE THE

PROGRAM. >> WAS IT BUDGETED?

>> IT WAS. >> THANK YOU.

MAKE A MOTION TO APPROVE. >> HOW EXTENSIVE IS THE SUPPORT?

>> SO, WITH THE PRO SUPPORT WE GET NEXT DAY SERVICE.

WITH THE TECH ON SITE. OR BY SENDING SYSTEM OFF IF IT NEEDS TO BE REPAIRED AT THE SHOP.

WE ARE ALSO DEALING WITH ONE OF THE TWO U.S. BASED CALL CENTERS.

SO WE DEAL WITH THE CALL CENTER IN KENTUCKY OR TEXAS.

>> MAYOR RENO: PURE HARDWARE OR SOFTWARE INCLUDED IN THIS

SUPPORT? >> IT'S HARDWARE FOR THE SYSTEMS AND SOFTWARE AND FIRMWARE FOR THE SYSTEMS THEMSELVES.

SO ANY DELL-SPECIFIC SOFTWARE OR FIRMWARE FOR THE COMPUTERS THEMSELVES. ANYTHING ELSE WE DO OURSELVES.

>> MAYOR RENO: ALL RIGHT. >> MY MOTION STANDS TO APPROVE.

>> SECOND. >> MAYOR RENO: MOTION TO APPROVE. SECONDED.

PLEASE VOTE. THE ITEM PASSES 5-0.

[2020-418]

THIS CONTRACT HAS AN ANNUAL COST OF $66,532.18 FOR A TOTAL OF

$199,596.54. >> SO THIS IS THE MICROSOFT ENTERPRISE AGREEMENT. BASICALLY WE ARE GOING IN WITH THE STATE AS MEMBER ENTITY TO GET PRICING FOR ALL LICENSES BOUGHT BY THE STATE. THE PRICING IS QUITE LOW.

WE BASICALLY PAY A YEARLY COST WHICH COVERS ALL OF OUR DESKTOP LICENSING, SERVER LICENSING, SOFTWARE LIKE SQL SERVER, THE CONNECTION LICENSES FOR ALL OF THAT.

THIS IS ALL ENCOMPASSING FOR ANYTHING THAT IS MICROSOFT-RELATED. IT INCLUDES SUPPORT.

TRAINING FOR THE STAFF. AND THEN UPGRADES FOR ANYTHING NEW THAT COMES OUT THROUGHOUT THE YEARS.

THIS IS BUDGETED. >> THANK YOU.

>> MAYOR RENO: [INAUDIBLE] >> YEAH.

WE DO, SO WE GET -- YES. IT'S PER DESKTOP.

OR PER DEVICE. OPPOSED TO PER USER.

BECAUSE OUR NUMBER OF THE DESK TOPS IS LOWER THAN THE NUMBER OF USERS OPPOSED TO FIRE AND POLICE WHERE WE HAVE MORE PEOPLE THAN COMPUTER IT'S MORE EFFICIENT TO BE THIS WAY.

>> MAYOR RENO: TOTAL UNITS? >> TOTAL 350.

DESKTOP AND THE LAPTOPS. OTHER 50 TO 60 SERVERS.

>> MOVE TO APPROVE. >> SECOND.

>> MAYOR RENO: MOTION TO APPROVE.

SECONDED. PLEASE VOTE.

ITEM PASSES 6-0. >> THANK YOU.

>> MAYOR RENO: NEXT ITEM 2020-419, REVIEW AND

[2020-419]

>> I'LL TAKE IT, I GUESS. CLYDE MATE HAVE BEEN JUMPING TO GET UP HERE -- MIGHT HAVE BEEN JUMPING TO GET UP HERE.

IN SHORT, I'LL TRY TO MAKE IT SHORT.

THERE WAS 501(C)(3) FORMED TO RESTORE THE OLD GYM AND PUT IT BACK IN USE. THEY APPROACHED THE 4B FOR FUNDING AND THE 4B GAVE THEIR INITIAL APPROVAL FOR A $500,000 GRANT TO MAKE IT HAPPEN. THE CONCERN CAME UP WITH THE PROTECTION OF THAT INVESTMENT. THE SCHOOL DISTRICT WHO IS THE PROPERTY OWNER OF THE GYM AND HAS BEEN FOR YEARS, THEY HAVE A REVERSION CLAUSE IN THEIR AGREEMENT.

SO THEY ARE GOING TO BASICALLY GIVE IT TO OR SELL IT TO AT A

[01:00:03]

AND THIS WOULD OBVIOUSLY, THIS REVERSION WOULD GET PUT IN TO THE DEED THAT GOES FROM THE SCHOOL DISTRICT TO THE 501(C)(3) COULD HAVE US AS A FIRST RIGHT OF REFUSAL.

WE COULD HAVE THE FIRST OPTION IF YOU WILL TO TAKE THE PROPERTY AND KEEP IT AS A PUBLIC PURPOSE. IF WE CHOSE NOT TO DO THAT, IT WOULD REVERT BACK TO THE SCHOOL DISTRICT.

SO WE ARE KIND OF LOOKING FOR CENSUS DIRECTION IF YOU WILL FROM THE COUNCIL. IF YOU, IF THE COUNCIL OR THE CITY WOULD BE INTERESTED IN TAKING THAT IN THE FUTURE SHOULD SOMETHING HAPPEN WITH THE 501(C)(3)?

>> TO CLARIFY REAL QUICK, I HAVE HAD THE CONVERSATIONS WITH THE SCHOOL DISTRICT'S ATTORNEY. THEY ARE TAKING IT TO THEIR BOARD TO DISCUSS ALSO IF THEIR BOARD WOULD BE INTERESTED.

WE DIDN'T THINK THERE WOULD BE A CONCERN THERE.

WHAT WOULD COME BACK BEFORE YOU IS THE SCHOOL BOARD WOULD HAVE ANOTHER, JUST AN OPTION, A PURCHASE OPTION AGREEMENT BETWEEN JUST THE SCHOOL DISTRICT AND THE CITY THAT IN THE EVENT IT DID REVERT BACK THEN THE CITY WOULD BE GIVEN THAT OPTION FOR THE $10. THAT OPTION COULD RUN 25, 50, 60 YEARS TO HAVE THE ABILITY TO PURCHASE THAT BUILDING.

>> COUNCILMEMBER: IS IT THE BUILDING AND THE -- LAND?

>> IT'S THE BUILDING AND THE LAND TO PURCHASE IT FOR $10 BUT YOU STILL HAVE TO CONTINUE TO USE IT FOR A PUBLIC PURPOSE.

ONCE YOU STOP IT WOULD REVERT BACK TO THE SCHOOL DISTRICT.

>> MAYOR RENO: I UNDERSTAND. BUT IT DOES INCLUDE THE LAND?

>> YES. >> COUNCILMEMBER: IT DOES NOT DESCRIBE WHAT A PUBLIC USE IS. WE COULD MOVE CITY OFFICES IN THERE. IT JUST HAS TO BE USED FOR SOME

TYPE OF PUBLIC USE? >> BECAUSE IT INVOLVES SCHOOL DISTRICT, AND THEY HAVE SOME PROVISIONS IN THEIR PURCHASE AGREEMENT, IT HAS TO BE MORE THAN JUST THE PUBLIC USING IT.

THERE HAS TO BE SOME BENEFIT; SUCH AS, IN THIS CASE, THE GYMNASIUM PURPOSE. WITH IT JUST BEING SHUT DOWN AND USED FOR OFFICES WOULD PROBABLY BE IN THE VIOLATION OF THE PROVISIONS UNDER THE CODE THAT THE SCHOOL DISTRICT --

>> COUNCILMEMBER: BUT IT DOESN'T HAVE TO BE A GYM.

JUST OPEN TO THE PUBLIC? >> IT THOSE BE USED FOR A PUBLIC

PURPOSE, OPEN TO THE PUBLIC. >> COUNCILMEMBER: HAS ANYBODY ASKED THE SCHOOL DISTRICT IF THEY ARE OPEN TO MODIFYING THAT

LANGUAGE? >> YES.

THEY ARE TAKING IT TO THEIR BOARD TO SEE IF THEY ARE INTERESTED IN MODIFYING. I DON'T SEE ANY ISSUE.

WE TALKED ABOUT THIS PROPERTY WITH THE SCHOOL DISTRICT FOR YEARS. THEY HAVE BEEN WILLING TO LET US TAKE IT IN THE PAST. IT'S JUST IN THE PAST THE CITY HAS NOT BEEN INTERESTED IN TAKING IT.

>> COUNCILMEMBER: WHAT I'M SAYING IS -- WELL, I FEEL LIKE IT MIGHT BE A LITTLE PREMATURE TO MAKE A DECISION ON A HYPOTHETICAL NOT UNDERSTANDING WHAT THE ACTUAL USE WILL BE REQUIRED TO BE FIRST OF ALL. THEN SECOND, WHAT THAT OPERATING COST SHOULD BE. THEN THIRD THE WHOLE CONVERSATION MAY BE MOOT IF THEY DECIDE THAT THEY SAID HEY, WE'LL SELL IT TO YOU. YOU JUST KEEP IT, TAKE IT ON AND IT'S YOURS. THEN NOT RESTRICT US FOR WHAT WE USE IT FOR. THEN SHOULD THERE BE A TIME IN THE FUTURE THAT WE HAVE TO TURN IT IN TO CLARK SAID, CITY OFFICES OR SOMETHING THAT WE HAVE THAT ABILITY TO DO SO.

>> SO THEY HAVE RESTRICTIONS. SO I DON'T THINK THEY CAN JUST IN JOKE AND CORRECT ME, I DON'T THINK THEY CAN JUST SELL IT TO US FOR ANY USE. IF THEY WERE GOING TO SELL IT LIKE THAT, THEY WOULD PROBABLY HAVE TO DO A PUBLIC AUCTION FOR

THAT. >> THE STATE REGULATES --

>> THEY HAVE THE SAME REQUIREMENTS WE HAVE WHEN IT COMES TO SELLING THE PUBLIC PROPERTY.

>> SO IN THE DISCUSSION AS FAR AS THE PUBLIC USE, I'M NOT GETTING, I'M NOT READY TO GIVE AN OPINION TONIGHT WHETHER OR NOT THE OFFICES WOULD MEET THAT REQUIREMENT.

PUBLIC USE IS VERY BROAD. CORRECT.

SO IF IT'S NOT USED FOR A GYM AND USED FOR SOME OTHER PUBLIC PURPOSE IT WOULD MEET THE REQUIREMENTS.

[01:05:02]

>> I T -- R REVERSION. >> I THINK THEY ARE GETTING US TO PROTECT THEIR INVESTMENT. I PERSONALLY DON'T SEE AN ISSUE.

IT GIVES US THE FIRST RIGHT OF REFUSAL SHOULD WE DECIDE TO KEEP IT UNDER THE CITY'S WATCH AND MAN IT AND STAFF AND WE CAN DO THAT. OTHERWISE WE LOSE IT ALTOGETHER.

TO ME IT'S A NO-BRAINER. >> COUNCILMEMBER: CHRIS, WHAT ARE THE CHECKS AND BALANCES IF WE GIVE THEM $500,000 AND SOMEBODY WALKS AWAY WITH IT IN THEIR POCKET?

>> THE PROPOSAL RIGHT NOW IN THE AGREEMENT IS THAT WE WOULD PAY, THE 4B WOULD PAY THEIR FUNDS AFTER THE WORK IS DONE.

SO IF THEY HIRE A PLUMBER. THE PLUMBING WORK IS DONE.

WE KNOW WHATEVER WE ARE PAYING FOR COMPLETE.

>> IT WOULD BE LITTLE CHECKS AND NOT ONE GREAT BIG ONE.

>> POTENTIALLY. >> MAYOR RENO: COULD ALAN COME

UP HERE, PLEASE? >> WHO IS GOING TO RUN IT,

CHRIS? >> RIGHT NOW, AS PROPOSED THERE IS A 501(C)(3) THAT IS BEING PUT TOGETHER TO RUN IT.

IT HAS MEMBER -- JUSTIN MAY HELP ME MORE.

DUKE BYRD, DANNY ROGERS. THERE IS A GROUP OF THE CITIZENS THAT PUT TOGETHER A 501(C)(3). THEY HAVE A PLAN TO RUN IT AND OPERATE IT. THAT IS THE PLAN.

WE ARE NOT PROPOSE IT THAT WE TAKE IT NOW TO RUN IT.

BACK TO WALTER'S QUESTION, I THINK AS WE STATED, AT THAT TIME IF THE OPERATIONAL EXPENSE, ET CETERA, ARE TOO HIGH WE WOULD JUST WALK AWAY FROM IT AT THIS POINT.

SAY THE SCHOOL DISTRICT CAN HAVE IT BACK.

WITH WE HAVE A RIGHT TO NOT TO OPERATE IT IF WE WANT TO.

>> AT ONE TIME THERE IS A CAFETERIA WAS IN THERE AND THEY HAD A KITCHEN AND THE WHOLE BALL OF WAX THERE.

FED THE WHOLE SCHOOL. >> YEAH.

>> IN THAT ROOM. >> IT'S AN INTERESTING FACILITY

FOR SURE. >> IT'S STILL THERE.

>> A LOT OF MIDLOTHIAN HISTORY. >> [INAUDIBLE]

WAS IN THERE. >> IT SURE WAS.

>> MAYOR RENO: INTRODUCE YOURSELF.

>> ALAN NIX, PRESIDENT OF THE MCDC BOARD.

SO WHEN THE PROJECT CAME TO US, WE WERE INTERESTED IN DOING THE PROJECT. SAVING THE GYM.

AND KEEPING THE GYM OPEN. BUT OUR DRAWBACK HAS BEEN A CLAWBACK CLAUSE. I DIDN'T WANT TO GIVE SOMEBODY HALF A MILLION DOLLARS OF THE TAXPAYERS MONEY AND THEN WE DON'T GET NOTHING OUT OF THE DEAL.

SO I WANTED US TO WORK FOR AND I HAD MANY MEETINGS WITH JOE AND CONVERSATIONS ABOUT HOW DO WE PROTECT OUR, THE TAXPAYERS' MONEY? WE WANT TO MAKE SURE THAT THIS IS A GREAT PROJECT. SO WE CAME UP WITH THE FIRST PHASE OF IT WOULD BE IS THAT WHEN THEY HIRE THE PLUMBER AND THE PLUMBER DOES THE WORK, I WANT IT TO BE THE CITY INSPECTED AND I WANT IT TO PASS AN INSPECTION.

I WANT THE INSPECTION TO BE PASSED AND THEN I WANT THE BILL.

WE'LL PAY THAT PORTION OF THE BILL.

THAT IS WHAT PASSED THE CITY INSPECTION.

THAT IS WHAT HAS BEEN APPROVED. WE COULD THAT WITH THE ELECTRICIAN AND THE OTHER CONTRACTORS THAT THEY HIRE.

WE WOULD NOT, THEY ARE NOT ASKING FOR IT NOR ARE WE OFFERING TO WRITE A CHECK FOR HALF A MILLION DOLLARS.

>> MAYOR RENO: SO WHAT IS THE MONEY FOR?

IS IT FOR RENOVATION? >> IT'S FOR RENOVATION.

>> MAYOR RENO: HOW MUCH MONEY ARE THEY PUTTING UP?

>> RIGHT NOW THEY ARE NOT PUTTING UP.

THEY ARE GOING TO RAISE MONEY. $500,000 WILL NOT DO ALL THE STUFF. $500,000 WOULD GET THE GYM TO REOPEN. GET THE PLUMBING AND THE ELECTRICAL DONE BUT IT'S NOT THE TOTAL THAT IT WILL COST TO

REMODEL THE PROJECT. >> MAYOR RENO: IS THERE AN ESTIMATED COST FOR THE TOTAL RENOVATION?

>> JUST TO BE CLEAR, THE $500,000 GETS THEM A C.O. TO OPERATE. ANYTHING OTHER THAN THAT IS

AESTHETICS. >> MAYOR RENO: SO IT GETS THEM

TO THAT? >> YES.

IT WON'T OPEN THE ENTIRE BUILDING.

[INAUDIBLE] IT WILL GET THE GYM UP AND OPERATIONAL. PLUMBING, BATHROOMS, ET CETERA.

>> SPRINKLERS? WHAT DO WE NEED FOR THAT, CHIEF?

[INAUDIBLE] >> IT SOUNDED LIKE THE QUESTION WAS, THOUGH, WHERE IS THEIR SKIN IN THE GAME? THAT IS WHAT IT SOUNDED LIKE THE MAYOR WAS ASKING.

I HAVE THAT SAME QUESTION. IF WE ARE PUTTING FORTH -- IF YOU ARE PUTTING FORTH THE FIRST $500,000 AND THAT WILL GET THEM TO C.O. AND THEY FAIL THREE MONTHS IN, WE WILL HAVE THIS CONVERSATION PRETTY QUICK.

>> MAYOR RENO: PART OF MY QUESTION IS YOU SEEM TO HAVE A CONCERN ABOUT THE RISK. RISK, THAT THEY WON'T BE A GOING CONCERN. WHAT IS LACKING?

>> I DON'T SEE IT AS -- IT'S $500,000.

SO ANYTIME THAT WE PUT UP $500,000, WE ALWAYS HAVE WHAT IS THE PLAN IF IT FAILS? BECAUSE ANY BUSINESS CAN FAIL.

EVEN A NON-PROFIT. I MEAN IF YOU LOOK AT THEIR PLAN

[01:10:02]

THERE IS NOWHERE IN TOWN YOU CAN REALLY DO THAT.

SO THEY HAVE A PLAN IN PLACE, A BUSINESS PLAN TO RAISE MONEY.

BUT WE ALL KNOW THAT JUST BECAUSE YOU HAVE A BUSINESS PLAN DOESN'T MEAN IT'S ALWAYS 100% AND IT WORKS.

SO, MY DEAL HAS ALWAYS BEEN FROM THE START THAT WE HAVE SOME KIND OF ACTION IN PLACE THAT IF THE THING DID NOT WORK, JUST LIKE WE HAVE DONE ALL OF OUR OTHER PROJECTS WHETHER IT BE THE PROJECT WE DID WITH THE HOTEL. WE PUT A LIEN ON IT.

YOU KNOW, SO IF SOMETHING DOESN'T WORK WE STILL HAVE SOME WAY OF GETTING OUR MONEY BACK. WHETHER IT BE THE CITY TAKE ON THE OWNERSHIP AND WE OPEN IT, WE RUN IT.

OR SOMETHING THAT GOES IN TO ANOTHER PROJECT WE ARE WORKING

WITH. >> COUNCILMEMBER: JUSTIN AND I WERE AT THE MEETING AND THAT IS HOW WE HAD THAT INFORMATION.

DIDN'T THEY SAY THEY HAD BACKERS TO MEET OR MATCH WHAT THE CITY GAVE THEM OR SOMETHING LIKE IS THAT?

THEY HAD SOMETHING -- >> SO THEY HAVE, DANNY NIMS SAID AT THE MEETING THEY HAVE PEOPLE THAT WILL GIVE MONEY TO THE

PROJECT. >> COUNCILMEMBER: IS THAT IN THE FORM OF WRITTEN COMMITMENT OR A VERBAL CONVERSATION?

>> THE WAY THIS STARTED WAS, THE WAY THIS THING STARTED THEY WERE COMING TO US FOR $250,000. AND THEY WERE GOING TO RAISE $250,000. THE CONCERN WE HAD, WE DIDN'T WANT THIS TO DRAW OUT THREE AND FOUR YEARS.

IF THEY ONLY RAISE $50,000 WE ARE STILL SITTING HERE AND THE CITY STILL HAS NO GYM. SO IF WE WENT AHEAD AND DID THE ENTIRE AMOUNT JUST ENOUGH TO GET THE GYM OPEN, THEN THE MONEY THAT THEY RAISE WOULD BE GOING TO THE OTHER PROJECTS INSIDE

THAT GYM. >> MAYOR RENO: ALAN, I UNDERSTAND YOUR POINT. HOWEVER, ANYTIME YOU EVALUATE A BUSINESS PLAN, YOU HAVE SOME OPINION OF THE RISK AND PROBABILITY. WHAT IS YOUR RISK ANALYSIS OF THIS? I DON'T MEAN TO PUT YOU --

>> IF I THOUGHT IT WOULD FAIL, I WOULD NOT HAVE VOTED FOR IT.

>> MAYOR RENO: I KNOW THAT. >> I WOULD HAVE VOTED AGAINST

IT. >> MAYOR RENO: SO YOU THINK IT HAS A -- I DON'T WANT TO PUT WORDS IN YOUR MOUTH BUT YOU THINK IT HAS A REASONABLE CHANCE.

>> YES, SIR. OTHERWISE I WOULD HAVE NEVER

VOTED FOR IT. >> COUNCILMEMBER: TO ME, I THINK IT'S A GREAT PROJECT. ESPECIALLY IF RECENTLY WE SPENT $3.5 MILLION CONVERTING BUILDINGS BACK ONLINE.

I DON'T SEE HOW $500,000 TO BRING A BUILDING BACK TO LIFE AND SALES TAX ON THE OTHER ONES WE USE THE OTHER DOLLARS.

I THINK THIS IS A GREAT PROJECT. IF THE SCHOOL DISTRICT IS WILLING TO AGREE TO ADD THAT CLAUSE, I'M WILLING TO MOVE

FORWARD ON IT. >> YEARS AGO WHEN I FIRST GOT ON THE BOARD, WE ACTUALLY WORKED TO BUILD, WE WANTED TO BUILD A REC CENTER. WE WANTED TO BUILD A GYM.

WE ACTUALLY WENT OUT AND GOT PRICING.

WE TOOK THE TIME, WE WENT AND VISITED.

WE DID ALL THE RESEARCH AND WE RAN ALL OVER THE METROPLEX.

WE DID PROCESSING. WE HAD A GUY DRAW UP SOME STUFF AND GIVE US THE PRICING. WE WERE LOOKING AT LIKE $8 MILLION. TO GET IN TO AN ENTRY LEVEL THIS IS WHERE WE WERE. AND SO WHEN WE LOOK AT IF WE CAN SPEND $500,000 TO GET A GYM OPEN TO THE PUBLIC.

I'M NOT SPENDING $8 MILLION. IF I WOULD HAVE SPENT $8 MILLION I STILL HAVE THE SAME IS IT GOING TO FAIL OR IS IT GOING TO PASS? YOU KNOW IS THE BUSINESS MODEL GOING TO WORK. BECAUSE THIS IS ALWAYS A BUSINESS MODEL. SO WHEN I LOOK AT IT, TO ME IT'S $500,000 INVESTMENT. I LOOK AT THE BUSINESS PLAN ON IT. I THOUGHT IT WAS REALLY GOOD.

BUT AT THE END OF THE DAY I DID NOT WANT TO GIVE OUT $500,000 AND NOT HAVE SOME KIND OF CLAWBACK IN IT FOR THE CITY.

IF THEY WOULDN'T HAVE BEEN WILLING TO MAKE THE SWITCH, I WAS WILLING TO WALK AWAY. I WANT SOMETHING IN THERE TO

PROECT THE TAXPAYERS. >> COUNCILMEMBER: MY LAST QUESTION, YOU TOUCHED ON THE INCREMENTAL FINANCING MECHANISM, THE REIMBURSEMENT FINANCING MECHANISM WHERE YOU SAID ONCE THE PLUMING IS DONE THEY WILL SUBMIT -- SO BASICALLY THIS NON-PROFIT SUBMITTING THE INVOICES TO YOU GUYS.

THEN IS THIS LIKE RUBBER STAMP PROCESS OR ARE YOU ACTUALLY AUDITING THESE THINGS? HOW DOES IT WORK?

>> SO WHEN A DEAL COMES TO US, WE WILL HAVE TO HAVE -- IF IT'S PLUMBING, WE HAVE A CITY INSPECTOR THAT HAD TO INSPECT

IT. >> I UNDERSTAND.

>> SO WE FOLLOW UP THAT THE PLUMBING REALLY HAPPENED.

[01:15:03]

>> COUNCILMEMBER: I'M SAYING FROM A FINANCIAL STANDPOINT, LET'S SAY THAT PLUMBING JOB IS $130,000.

IF CUSTOMER "A" WERE TO GET IT AND YOU GET A BILL FOR $300,000, ARE YOU LOOKING AT THAT? OR ARE YOU JUST MAKING SURE THAT

YOU GET THE JOB IN THE END? >> THEY ARE DOING THREE BIDS.

>> OKAY. >> COUNCILMEMBER: THE NON-PROFIT SECTOR IS MY HOME BASE.

I FEEL COMFORTABLE HERE. NON-PROFITS RISE AND FAIL ALL THE TIME. IT HAPPENS ALL THE TIME.

IT'S A VERY VOLATILE BUSINESS. I WILL SAY THAT BY AND LARGE NON-PROFITS THAT SUCCEED YOU CAN LOOK DIRECTLY TO THE BOARD OF DIRECTORS. IF A NON-PROFIT WILL BE SUCCESS SUCCESSFUL, THEY HAVE A HIGH QUALITY, INFLUENTIAL BOARD OF DREDGERS AND THIS ORGANIZATION REFLECTS THAT.

I HAVE NO QUESTION OF WHETHER OR NOT THIS BOARD AND THIS ORGANIZATION SHOULD SUCCEED. I THINK THAT ALL THEY ARE ASKING TO US DO IS PROTECT THEIR INVESTMENT.

>> I AGREE WITH THAT. I WATCH THE GYM BE BUILT MYSELF.

IT'S 70 YEARS OLD NOW. IT'S FOR IT TO BE 70 YEARS OLD IT'S IN REALLY GOOD SHAPE. IT'S NOT UP TO STANDARD.

BUT IT WAS UP TO STANDARD WHEN IT WAS BUILT.

>> YEAH. >> TO BRING IT UP WHERE IT NEEDS TO BE TODAY, IT WILL COST MONEY TO DO THAT.

AND I THINK THAT WHAT YOU ARE TALKING ABOUT DOING NOW IF THEY SCREW UP, IT WILL COME BACK TO US IF WE WANT IT.

>> GET THE OPTION. >> IF WE DON'T, GIVE IT BACK TO THE SCHOOL. WE HAVE THE OPTION TO TAKE OVER IF THEY FAIL. I THINK IT'S AN EXCELLENT WAY TO

GO. >> THE BUSINESS PLAN IS SOLID, TOO. IN MY OPINION.

IT'S REALLY HARD TO RENT SPACE IN MIDLOTHIAN.

THERE IS JUST NOT SPACE AVAILABLE.

TRY TO RENT THE CIVIC CENTER. IT'S BOOKED MONTHS IN ADVANCE.

THIS IS A SIMILAR DEAL TO OUR CIVIC CENTER.

IT'S BEEN THERE FOR SO LONG. >> WHEN I FIRST MOVED BACK TO MIDLOTHIAN 45 YEARS AGO, FIND A PLACE TO PLAY VOLLEYBALL OR BASKETBALL WAS JUST NON-EXISTENT.

BECAUSE THAT GYM WAS, IT WAS JUST OVERRUN WITH ALL THE PLAYERS. I THINK IF WE GET IT AND GET IT OPERATIONAL, I THINK IT WILL BE BUSY ALL THE TIME.

I THINK IT WILL MAKE MONEY TO KEEP IT GOING.

I REALLY BELIEVE THAT. >> I KNOW FOR TWO OF THE PEOPLE WE ARE TRUSTING TO RUN THIS THING, THEY HAVE RUN THEIR OWN BUSINESSES AND THEY HAVE DONE PRETTY WELL.

YOU KNOW, NO MATTER WHAT I HAD THE ARGUMENTS WITH BOTH OF THEM.

SO I STILL TRUST BOTH OF THEM TO DO, TO LOOK OUT FOR THE CITY, TO LOOK OUT FOR OUR INVESTMENT. IF Y'ALL ARE READY, GOT THE LAWYER HAS IT ALL WRITTEN UP WHERE HE LIKES IT.

THEN I DON'T SEE ANY REASON WE CAN'T GO AHEAD WITH IT.

>> MAYOR RENO: SO PUT A DISCLAIMER IN THERE.

MY KIDS PLAYED MANY BASKETBALL GAMES THERE AND THE CHURCHES HAVE PLAYED SEVERAL VOLLEYBALL GAMES.

MY QUESTION TO THE STAFF IS WHAT IS OUR RISK OR DOWNSIDE? IT SOUNDS PRETTY STRAIGHTFORWARD.

I DON'T HEAR ANY SERIOUS RISK. >> I THINK THE RISK IS AS WALTER BROUGHT UP WHAT ARE THE OPERATIONAL COSTS GOING TO BE AND CAN WE RUN IT EFFECTIVELY? IF THE 501(C)(3) CAN'T DO WE HAVE A BUSINESS MODEL THAT MAKES THAT WORK? WE WOULD HAVE TO ASSESS THAT AT THE TIME THAT IT CAME BEFORE US TO DECIDE AND MAKE THAT DECISION WHETHER OR NOT WE WERE GOING TO TAKE THAT ON. IF WE HAD A MODEL TO MAKE IT

WORK. >> SO IF WE DECIDE THAT WE COULD NOT EFFECTIVELY OR PROFITABLY OPERATE IT WHAT IS THE DOWNSIDOR

THE RISK? >> IT WILL GO BACK TO SCHOOL DISTRICT. WE PUT MONEY IN A SCHOOL FACILITY THAT THEY ARE GOING TO TURN AROUND AND TRY TO DISPOSE OF IT ANOTHER WAY. OR MAYBE THEY CAN DO

SOMETHING -- >> MAYOR RENO: SO YOU ASSUME IF WE TAKE IT OVER WE HAVE TO PUT MONEY IN THERE TO FINISH

WHAT WASN'T DONE? >> YOU KNOW POTENTIALLY.

I THINK IT'S THE OPERATIONAGE COSTS MORE THAN ANYTHING.

STAFFING IT, MAINTAINING IT. ET CETERA.

THAT IS WHAT WE'D BE LOOKING AT. THERE MAY BE OTHER CAPITAL COSTS AT THE TIME. I DON'T KNOW WHAT THAT WILL BE.

>> MAYOR RENO: CRAZY QUESTION. CAN SOMEBODY ELSE OPERATE IT; SUCH AS, THE "Y"? WOULD IT BE AN OPTION?

>> IF WE WERE LEASING IT, AND HAD SOMEBODY OPERATING IT, POTENTIALLY. I DON'T WANT TO GET TOO FAR IN A LEGAL DISCUSSION ABOUT WHAT THE SCHOOL DISTRICT'S --

>> MAYOR RENO: OKAY. >> LIKE JOE SAID WHAT IS THE PUBLIC PURPOSE. IF WE RUN IT AS A GYM AND OPERATING IT AS A GYM IT MEETS THE DEFINITION.

[01:20:01]

>> MAYOR RENO: WHAT I HEAR FROM COUNCIL IS STRONG SUPPORT.

>> ABSOLUTELY. >> YES, SIR.

>> MAYOR RENO: SO, WE'LL LEAVE --

>> WE'LL WORK WITH THE SCHOOL DISTRICT AND THE 501(C)(3) TO GET THAT FIRST OPTION FOR IT TO COME BACK TO THAT, ADDED IT IN TO THE DEED I THINK IS THE RIGHT DOCUMENT.

>> WE'LL DO THE PURCHASE OPTION. OPPOSED TO AMENDMENT TO THE

DEED. >> OKAY.

SO WE'LL GET THAT WRITTEN IN. AND BRING IT BACK TO THE 4B FOR THE FINAL APPROVAL. OBVIOUSLY YOU WILL SEE THE $500,000 GRANT REQUEST COME BACK BEFORE YOU IF THEY APPROVE IT.

>> MAYOR RENO: OKAY. >> ALL RIGHT.

>> MAYOR RENO: THANK YOU. WE'RE MOVING NOW TO ITEM 2020 --

[2020-420]

COUNCILMAN COFFMAN EXCUSES HIMSELF.

ITEM 2020-420, CONSIDER AND ACT UPON A LICENSE AGREEMENT WITH MANNA HOUSE FOR THE USE OF CITY PROPERTY LOCATED AT 301 WEST MAIN STREET, MIDLOTHIAN, TEXAS. CHRIS?

>> MAYOR RENO: THEY ANNUALLY DO THE PROGRAM THAT IS DONE AT LIGHTHOUSE CHURCH. BUT THE TORNADO WE HAD LAST YEAR DESTROYED THE BUILDING WHERE THEY HOUSE THE PROGRAM.

THEY ARE ASKING FOR THE USE OF NEWLY ACQUIRED BUILDING OF 301 WEST MAIN ON DECEMBER 10-16 TO HOST THAT ANNUAL EVENT.

THERE IS CITY ATTORNEY DRAFTED UP A LICENSE AGREEMENT WHICH IS WHAT YOU ARE ASKED TO APPROVE TONIGHT.

WE RECOMMEND APPROVAL. WE'LL TAKE QUESTIONS THAT YOU

MAY HAVE. >> ARE WE LEGALLY SAFE?

>> THEY HAVE INSURE US AND HAVE US AN ADDITIONAL INSURANCE.

THEY HAVE TO PROVIDE INSURANCE AND HOLD US ADDITIONAL INSURED.

WE ARE WORKING TO MAKE SURE A.C. UNIT AND THE LIGHTS, ET CETERA,

UP TO CODE NOW. >> [INAUDIBLE]

>> WE HAVE ALREADY PUT IT ON THE INSURANCE POLICY.

>> I SAY WE BOUGHT THEM TO GET IT OCCUPIED AND I KNOW IT'S SHORT-TERM BUT THE FIRST THING TO HAPPEN IN THE BUILDINGS IN A

LONG TIME. >> MAYOR RENO: GOOD FIRST

STEP. >> IS THERE ANY WAY THAT THE WINDOWS AND THE LIGHTS WILL BE DONE?

>> WELL, WE ARE TALKING, WE GOT THE WINDOWS CLEANED.

WE ARE TRYING TO GET THE LIGHTS PUT ON THE OUTSIDE.

WE ARE WAITING TO SEE IF IT GOT APPROVED BECAUSE WE NEED, WE WANT TO WORK WITH THE MANNA HOUSE TO BE SENSITIVE TO ANY SIGNAGE THEY WANT TO PUT ON THERE.

SO WE HELD OFF ON PUTTING THE HOLIDAY THEMED PAINTINGS ON THE WINDOWS UNTIL WE WORK WITH THEM TO SEE WHAT THEY NEED.

THAT IS THE ONLY HOLD-UP. I THINK WE CAN GET IT DONE

PRETTY QUICK. >> I MOVE APPROVAL.

>> SECOND. >> MAYOR RENO: MOTION TO APPROVE AND SECONDED. PLEASE VOTE.

ITEM PASSES 5-0. >> THANK YOU.

>> MAYOR RENO: SOMEBODY WANT TO TELL JUSTIN HE CAN COME BACK.

IT PASSED 5-0. ITEM 2020-425.

[2020-425]

>> GUEST SPEAKER: MAYOR, COUNCIL, GOOD EVENING.

I'M HERE BEFORE YOU TONIGHT TO ASK FOR YOU CONSIDERATION OF APPROVAL TO ALLOW US TO ACCESS SOME FUNDS THAT WILL ALLOW US TO TAKE SOME OLDER EQUIPMENT WE HAVE TODAY THAT IS NOT SERVICING, THAT DOESN'T HAVE THE SAME SERVICE CAPABILITIES OF THE NEW MONITORS WILL. AND LET US PUT THE UNITS IN TO A RESERVE STATUS TO POTENTIALLY ALLOW US TO DEAL WITH INCREASES IN THE CALL VOLUME. THE MONITORS THAT WE ARE ASKING, ASKING YOU TO APPROVE ARE LIFEPAK 15S.

IT'S THE FOUNDATION OF OUR E.M.S. DELIVERY SERVICE.

THOSE MONITORS ARE THE ONES THAT YOU SEE ON TV WHERE THE HEART RATE AND IT ALLOWS US TO SHOCK AND ALLOWS US TO MONITOR CO2 LEVELS IN THE INTUBATED PATIENTS.

IT ALLOWS US TO DETECT CARBON MONOXIDE LEVELS.

OXYGEN SATURATION LEVELS. IT TAKES THE BLOOD PRESSURES.

[01:25:03]

HERE IN MIDLOTHIAN. THAT WILL HAVE THE CAPABILITY TO CONTINUOUSLY MONITOR TEMPERATURE OF OUR PATIENTS AS WE COME IN CONTACT WITH THEM. THAT IS ONE OF THE PRIMARY, ONE OF THE PRIMARY THINGS THAT WE LOOK FOR IN COVID PATIENTS IS THE TEMPERATURE. BECAUSE IT WILL ALLOW US TO MORE EFFECTIVELY TREAT COVID PATIENTS, IT ALLOWS US THE GUIDANCE DOCUMENTS ALLOW US TO PURCHASE, OR THE ACCESS TO CORONAVIRUS FUNDS ALLOCATED TO THE CITY.

ONE CAVEAT WE HAVE TO HAVE THE EQUIPMENT IN POSIT POSSESSION BE END OF THE YEAR. THAT IS HOW IT'S WRITTEN SO WE ARE HERE WITH THE ADDENDUM TO GET IT APPROVED TO HAVE THOSE.

THIS IS A FOUR-WEEK LEAD TIME TO GET MONITORS IN TO OUR POSSESSION. WHAT ELSE CAN I TELL YOU ABOUT THE MONITORS. EACH ONE OF THE AMBULANCES HAS A MONITOR ON IT NOW. SO DO THE ENGINES.

THESE UNITS ARE IN OUR STRATEGIC PLAN TO BE ROTATED OUT OF THE PRIMARY SERVICE. OVER THE NEXT COUPLE OF YEARS.

THIS ALLOWS US TO ACCESS A FUNDING TOOL THAT WOULD ALLOW TO US BRING ALL THE UNITS UP TO DATE TODAY.

WE DID BUY ONE OR WE ARE BUYING ONE CURRENTLY IN THE BUDGET THAT WAS BUDGETED. THE OTHER TWO WOULD MAKE ALL THREE OF THE FRONT LINE AMBULANCES SIMILAR IN THE DELIVERY CAPABILITIES. I CAN ANSWER ANY QUESTIONS THAT YOU MAY HAVE ABOUT THE MONITORS. I DON'T HAVE A LOT OF THE

ANSWERS ON THE CORONAVIRUS. >> COUNCILMEMBER: ONE WAS BUDGETED AND TWO WEREN'T SO YOU GET YOUR GRANT FOR THE

ADDITIONAL TWO? >> GUEST SPEAKER: CORRECT.

>> COUNCILMEMBER: TAKE OLD ONES AND MOVE THEM ON THE

ENGINES? >> GUEST SPEAKER: WE TAKE THE OLDEST ONES WE HAVE TO MOVE THEM TO RESERVE STATUS SO IN THE EVENT THAT THE CALL VOLUME DOES GO UP, WE COULD OUTFIT OTHER EQUIPMENT WITH THE DEVICES TO DEAL WITH THAT INCREASE.

WE ARE JUST NOT SURE WHAT THE WINTER WILL BRING YET.

WE HAVE SEEN AN UPTICK OF CALL VOLUME RELATED TO COVID PATIENTS AND WE HAVE SEEN AN UPTICK IN THE PEOPLE TESTING POSITIVE.

SO, ACTUALLY I THINK THE FIRST PERSON THAT CHECKED IN AT THE

HOSPITAL IS A COVID PATIENT. >> MOVE TO APPROVE.

>> SECOND. >> MAYOR RENO: MOTION TO APPROVE AND SECONDED. PLEASE VOTE.

PASS 6-0. >> THANK YOU.

>> MAYOR RENO: THANK YOU, CHIEF.

[2020-426]

WE HAVE NERUFF KNEW COMING IN BUT THE BUDGET IS BASED ON THE EXPENSES SO WE NEED TO AUTHORIZE THE EXPENDITURE OF THE $58496 TO BUY LIFE PACK UNITS APPROVED. THE RELIEVE FUNDS WILL BE

REIMBURSED TO THE GENERAL FUND. >> MOTION?

>> APPROVE. >> SECOND.

>> THANK YOU. PASSES 5-0.

[Executive Session]

>> 7:29. >> MAYOR RENO: WHAT DID I SAY?

>> FOUR. >> MAYOR RENO: TIME ZONE.

IT'S A LONG DAY. I STARTED EARLY ON TUESDAYS.

OKAY. 7:29.

STILL 7:29. BREAK IN TO THE EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SECTIONS OF THE TEXAS GOVERNMENT CODE. SECTION 551.071(2) REAL ESTATE, DELIBERATION REGARDING THE REAL PROPERTY. TO?

>> SIX MORE MINUTES. >> GET A MOTION.

>> MAYOR RENO: WE'RE BACK IN SESSION AT 7:48.

WE HAVE A MOTION TO PRESENT. >> I MOVE THAT THE CITY MANAGER BE AUTHORIZED TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH AZAM PROPERTIES, INC., TO PURCHASE 1A .024-ACRE TRACT OF LAND FOR

[01:30:01]

ALSO BE PORTION OF THE LOT 1, BLOCK 1 OF THE STERLING SMART ADDITION NUMBER 1. AND IN ADDITION TO THE CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS, IN CONSIDERATION OF THE PURCHASE PRICE OF $33,967. IN ASSOCIATION WITH THE DESTRUCTION OF THE SOUTH WALNUT GROVE PROJECT PLUS THE PAYMENT OF RELETTING CLOSING COST. THE CITY MANAGER FURTHER AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY IN AN ADDITIONAL CLOSING DOCUMENTS AS MAY BE REQUIRED BY SUCH AN AGREEMENT.

AND THE TITLE COMPANY AS NECESSARY TO CLOSE THIS TRANSACTION. THAT IS ONE.

>> I'LL SECOND THAT. ARE WE DOING THEM TOGETHER?

>> DO THEM TOGETHER. THAT WAS NUMBER ONE.

NUMBER TWO, I MOVE THAT THE CITY MANAGER AUTHORIZED TO NEGOTIATE AGREEMENT WITH KAREN BYRD TO PURCHASE A .3664-ACRE TRACT OF LAND FOR THE STREET RIGHT-OF-WAY AND A .0588 TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT ALL LOCATED WITHIN A RESERVED TRACT OF THE COPYCAT SUBDIVISION.

IN ADDITION TO THE CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS, IN CONSIDERATION OF PURCHASE PRICE OF $65,744, IN ASSOCIATION WITH CONSTRUCTION OF THE SOUTH WALNUT GROVE ROAD PROJECT.

PLUS REIMBURSEMENT OF THE COSTS ASSOCIATED WITH OBTAINING PARTIAL PROPERTY RELEASE FROM THE MORTGAGE COMPANY IN THE AMOUNT OF $1,500. PAYMENT OF ALL RELATING CLOSING COST. THE CITY MANAGER IS FURTHER AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY SUCH AN ADDITIONAL CLOSING DOCUMENTS AS MAY BE REQUIRED BY SUCH AN AGREEMENT AND THE TITLE COMPANY AS NECESSARY TO CLOSE THE

TRANSACTION. >> I'LL SECOND.

>> MAYOR RENO: ALL RIGHT. PLEASE VOTE.

ON THE FIRST WE HAVE TWO MOTIONS.

ON THE FIRST MOTION, WE ARE AUTHORIZING CITY MANAGER TO TAKE APPROPRIATE ACTION WITH AZAM. THE PROPERTIES NOT TO EXCEED $33,967. PLEASE VOTE.

ITEM PASSES 6-0. MOTION NUMBER TWO, I BELIEVE I HEARD A COUPLE, WEATHERINGS THE CITY MANAGER TO MAKE AN AGREEMENT WITH KAREN BYRD FOR THE PURCHASE OF .36 ACRES FOR AMOUNT, PURCHASE PRICE OF $65,774.

PLEASE VOTE. MOTION PASSES 6-0.

* This transcript was compiled from uncorrected Closed Captioning.