[0:05] GOOD EVENING. AT 6 P.M. TUESDAY, SEPTEMBER 22ND, 2026, WE HAVE A FULL COUNCIL FULL QUORUM PRESENT, SO I'M GOING TO CALL THIS MEETING TO ORDER. I DO WANT TO MAKE A QUICK COMMENT AND REMIND YOU IF YOU WOULD LIKE TO SPEAK ON ANY AGENDA ITEMS THIS EVENING, I NEED YOU TO GET A FORM AND TURN THAT INTO THE CITY SECRETARY BEFORE WE BEGIN DISCUSSING SAID AGENDA ITEM, SO THAT YOU CAN MAKE SURE YOUR VOICE GETS HEARD AND YOUR OPINIONS GET HEARD. SO IF YOU WOULDN'T MIND DOING THAT FOR US BEFORE THE AGENDA ITEM BEGINS, BUT WE'RE GOING TO START TONIGHT WITH AN INVOCATION AND OUR PLEDGES. WE GOT PASTOR SCOTT HINKLE HERE. HE'S A MEMBER OF THE MIDLOTHIAN MINISTERIAL ALLIANCE. HE'S GOING TO LEAD US IN A PRAYER. AND THEN FOLLOWING THAT, COUNCILMAN CHESHIRE IS GOING TO LEAD US IN OUR IN OUR PLEDGES. SO, PASTOR HINKLE, IF YOU COULD LEAD US IN A PRAYER. THANK YOU. MAYOR. COUNCIL. HONORED TO COME AND PRAY FOR THIS GATHERING. CITY COUNCIL FOR THE CITY, FOR MY WIFE NANCY, AND I CALL OUR HOME FOR TEN YEARS AND PRAYERFULLY PREPARING A WORTHY FIRST SERVICE CONTINENTAL CONGRESS IN 1,774% OF THOSE. THAT WE NOW PRESENT. O GOD OF WISDOM AND DIRECTED COUNSEL FOR THIS HONORABLE, ASCENDED AND ENABLE THEM TO SETTLE THINGS OUT A BEST AND SUREST FOUNDATION. LET'S PRAY. LORD, WE COME TO YOU BASED ON YOUR PROMISES. AND YOU SAID, CALL TO ME, AND I WILL ANSWER YOU AND SHOW YOU GREAT AND MIGHTY THINGS THAT YOU DO NOT KNOW. AND AGAIN, IN JAMES, YOU SAID, IF ANY OF YOU LACKS WISDOM, LET HIM ASK OF GOD, WHO GIVES TO ALL LIBERALLY, WITHOUT REPROACH, AND IT WILL BE GIVEN HIM. FATHER, NOT ONLY DO WE ASK FOR WISDOM AND UNITY AND CLEAR STRATEGY AMONGST THIS COUNCIL, BUT WE PRAY FOR THE PEOPLE OF MIDLOTHIAN, THE MEN, THE WOMEN, THE CHILDREN, THE FAMILIES THAT YOU WOULD GIVE THEM PROTECTION, PROVISION AND PEACE TO THEIR LIVES AND HOMES. WE GIVE YOU THANKS AND LIFT UP THE POLICE, THE FIRE DEPARTMENT AND THE FIRST RESPONDERS THAT YOU WOULD BLESS AND PROTECT THEIR WORK, THEIR LIVES AND HOME, AND THAT OUR SCHOOLS WOULD BE SAFE PLACES FOR PREPARING COMING GENERATIONS TO BE PREPARED TO LEAD OUR TOWNS, CITIES AND NATION FORWARD. WE PRAY AND ASK THIS IN THE NAME OF THE LORD JESUS CHRIST. AMEN. GOD BLESS YOU. THANK YOU PASTOR. 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 ME. TEXAS. ONE STATE UNDER GOD, ONE AND INDIVISIBLE. THANK YOU, PASTOR HINKLE. THANK YOU, COUNCILMAN CHESHIRE, FOR LEADING THE PLEDGES. TONIGHT. WE'RE GOING TO BEGIN WITH 2026 322 CITY COUNCIL TO REPORT ON ITEMS OF COMMUNITY INTEREST. ANY COUNCIL MEMBERS LIKE TO HIGHLIGHT ANY COMMUNITY ACTIVITIES FROM THE PAST COUPLE OF WEEKS. COUNCILMAN SHEFFIELD, I HAVE ONE. I'D LIKE TO MENTION THE MIDLOTHIAN ECONOMIC DEVELOPMENT AND CHAMBER OF COMMERCE, NOVEMBER THE 5TH. THERE'S A GOVERNOR'S SMALL BUSINESS SUMMIT THAT'S TAKING PLACE. MARK YOUR CALENDARS. IF YOU'RE VERY. IF YOU'RE INTERESTED IN SMALL BUSINESS, FOR FOR LOCAL BUSINESS. AND I THINK PROBABLY PEOPLE COMING OUTSIDE, IT'LL BE HELD AT THE MIDLOTHIAN CONFERENCE CENTER, AND IT'LL BE AN OPPORTUNITY FOR NETWORKING, HEARING SPEAKERS, FINDING RESOURCES, AND STRENGTHENING AND HELPING OUR SMALL BUSINESSES AND COMMUNITY. THANK YOU, COUNCILMAN SHEFFIELD. ANYBODY ELSE? I WOULD MAKE MENTION, AND I DON'T HAVE THE DATE OFF THE TOP OF MY HEAD. THE STATE OF THE CITY. CITY PRESENTATION GIVEN BY THE CHAMBER OF COMMERCE IS COMING RIGHT UP. OCTOBER, OCTOBER THE 8TH. THAT'S GOING TO FEATURE OUR CITY MANAGER, CHRIS DICK, OUR ASSISTANT CITY MANAGER, CLYDE MELICK, AND THEN OUR MAYOR PRO TEM CLARK WICKLIFFE WILL BE FILLING IN FOR ME. SO JOIN THAT LUNCHEON. LEARN MORE ABOUT THE CITY. OCTOBER THE 8TH. WITH THAT, WE WILL MOVE ON TO OUR BOARD LIAISON REPORTS, AND I WILL GO THE OPPOSITE DIRECTION THAN I NORMALLY GO, AND I'LL. I'LL LEAD OFF WITH COUNCILMAN SHEFFIELD, WHO IS THE LIAISON TO THE ECONOMIC DEVELOPMENT BOARD. DO YOU HAVE ANY REPORTS TO GIVE? I DO I HAVE A COUPLE MORE REPORTS. LIAISON TO THE ECONOMIC DEVELOPMENT BOARD. TYPE A BOARD, THE. I THINK THERE ARE A LOT OF PEOPLE THAT ARE INTERESTED IN THE RAILWAY PARKING LOT, DOWNTOWN PARKING LOT, ADDING ANOTHER 112 PUBLIC PARKING SPACES, J AND K EXCAVATION IS BUSILY TEARING UP THE LAND TO
[5:04] GET READY FOR THE PARKING LOT. AND JUST TO NOTE THAT IT'D BE SUBSTANTIALLY COMPLETED, SUPPOSEDLY BY NOVEMBER 9TH, AND IT WILL BE FINALLY COMPLETED BY DECEMBER 9TH. SO HOPEFULLY IT'LL BE IN TIME FOR A LOT OF OUR DOWNTOWN ACTIVITIES THAT TAKE PLACE DURING THE CHRISTMAS SEASON. ALSO RECENTLY, IF YOU WERE ABLE TO ATTEND, YOU HAD A GREAT EXPERIENCE. SEPTEMBER THE 10TH, JUST A FEW DAYS AGO OVER AT UNION 28, THE MIDLOTHIAN BUSINESS PITCH COMPETITION TOOK PLACE, OR THE RESULT OF IT IT HAD BEEN. IT'S BEEN TAKING PLACE FOR SEVERAL WEEKS, BUT A LITTLE UNDER. AROUND 200 PEOPLE CAME OUT FOR THAT, WHICH EXCEEDED SOME OF THE EXPECTATIONS OF THE EVENT. PLANNERS APPRECIATE ANNABELLE AND JOSEPH AND KYLE AND THE TEAM PUTTING THAT TOGETHER WITH FROM MED, BUT THERE WERE SIX FINALISTS. THEY WERE VYING FOR CASH AWARDS, AND I JUST WANT TO CALL OUT IN THE OPEN CATEGORY, THE FIRST AND SECOND PLACE PHARMACY ONE FIRST AND DENTAL CENTER OF MIDLOTHIAN, ONE SECOND. AND THEN IN THE MICRO HOME BASED CATEGORY SOARING ABOVE MEDIA WON THAT CATEGORY. AND IF YOU WANT MORE INFORMATION, CONTACT THE ECONOMIC DEVELOPMENT OFFICES AND FIND OUT ABOUT MORE OPPORTUNITIES IN THE FUTURE. AND THEN ONE FINAL THING FROM MED THE HAVE A PROMOTIONAL PROGRAM FOR LOCAL BUSINESS PROMOTION IN PROMOTING FOR ATTRACTING CUSTOMERS FROM OUTSIDE OF MIDLOTHIAN TO COME TO MIDLOTHIAN. THIS PAST YEAR THERE WERE SEVEN APPLICATIONS AND THERE'S AN OPENING FOR YOU TO FIND OUT MORE INFORMATION. AS A BUSINESS OWNER OF HOW YOU CAN HAVE SOME RESOURCES OR APPLY FOR SOME RESOURCES TO HELP WITH PROMOTION OUTSIDE OF MIDLOTHIAN. SO I JUST WANTED TO HIGHLIGHT THOSE THREE ITEMS. THANK YOU. COUNCILMAN SHEFFIELD COUNCILMAN WEAVER SERVES AS LIAISON TO THE AIRPORT BOARD. COUNCILMAN WEAVER, DO YOU HAVE ANY UPDATES FOR US? IT'S TOUGH ACT TO FOLLOW, ESPECIALLY BECAUSE ONE OF MY BEST UPDATES IS AGENDA ITEM NINE, SO I CAN'T TALK ABOUT THAT YET, BUT I, I WILL SAY THAT, YOU KNOW, OUR JOINT AIRPORT BOARD THAT WE PARTNER WITH WITH OUR NEIGHBOR CITY OF WAXAHACHIE PROBABLY HAS THE STRONGEST MAKEUP OF INDIVIDUALS WITH BUSINESS AND AVIATION EXPERIENCE, AND THEY ARE DOING AN AMAZING JOB OF REALLY LOOKING TO THE FUTURE TO HELP ENSURE THAT THAT MUNICIPAL FACILITY THAT, THAT WE CO-OWN WITH WAXAHACHIE IS AN ECONOMIC DRIVER FOR BOTH OF OUR COMMUNITIES IN THIS REGION. AND IT'S VERY PROMISING AND A LOT OF VERY INTERESTING AND EXCITING THINGS ON THE HORIZON OUT THERE. SO HOPEFULLY THE NEXT UPDATE WILL WILL HAVE A LOT MORE MEAT ON THE BONE. SO I CAN RIVAL COUNCILMAN SHEFFIELD'S VERY IMPRESSIVE LIST OF THINGS THAT HE'S HELPING WITH. TYPE A YEAH. THANK YOU, COUNCILMAN WEAVER. VERY SIMILAR TO THAT. OUR MAYOR PRO TEM SERVES AS THE LIAISON TO THE PLANNING AND ZONING, WHICH WE HEAR A LOT OF THOSE CASES, BUT YOU'RE WELCOME TO SHARE ANYTHING YOU'D LIKE TO SHARE? NO. PNC HAS BEEN BUSY AND AND THEIR UPDATE IS ITEM THREE, TWO SIX AND 325. NO. BUT THEY DO WANT TO GIVE A SHOUT OUT TO THE PNC. THOSE GUYS PUT IN A LOT OF TIME AND EFFORT AND RESEARCH TO, TO MAKE GOOD RECOMMENDATIONS TO US. SO YEAH. OKAY. THANK YOU. AND MYSELF. I SERVE AS LIAISON TO THE HISTORIC ADVISORY BOARD. THEY ACTUALLY HAVE A MEETING COMING UP THIS WEEK THAT WILL HAVE LOTS OF DOWNTOWN FOCUSED ITEMS. SO I WON'T SPEAK TO THOSE AGENDA ITEMS BECAUSE THEY'RE ACTIVE AGENDA ITEMS. BUT WE'LL BE SEEING SOME THINGS REGARDING RECOMMENDATIONS FROM HISTORIC ADVISORY BOARD VERY SOON. COUNCILWOMAN HAMMOND SERVES AS OUR LIAISON TO THE M, C D COMMUNITY DEVELOPMENT UPDATES THERE. TYPE. THIS IS TYPE B, MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION. OUR BOARD. THIS IS OUR PARTIAL PORTION OF OUR SALES TAX DOLLARS. THEY HAVE BEEN CONDUCTING SEVERAL WORKSHOPS BEFORE THEIR BOARD MEETINGS. THEY'RE PREPPING FOR THEIR PRIORITIES THIS NEXT FISCAL YEAR. THE CONFERENCE CENTER REFRESH IS VERY CLOSE TO BEING COMPLETED. THEY HAD THE MOUNT ZION RFQ AND DID NOT MOVE FORWARD WITH ANY OF THE PROPOSALS. SO THEY'RE KIND OF GOING BACK TO THE DRAWING BOARD TO DECIDE WHAT TO DO NEXT. STEPS ON THAT. THEIR PROMOTIONAL GRANTS WILL OPEN IN OCTOBER, AND THEN THEY HAVE THEY HAVE RECENTLY AWARDED TWO FACADE GRANTS TO BUSINESSES. SO THAT'S THE UPDATE FOR THEM. FANTASTIC. THANK YOU, MISS HAMMONDS. COUNCILMAN CHESHIRE SERVES AS LIAISON TO THE PARKS BOARD. ANY UPDATES THERE? YEAH, QUITE A FEW PARKS TEAM HAS BEEN REALLY, REALLY BUSY LATELY. AND I WILL SAY I GREATLY APPRECIATE
[10:02] OUR PARKS BOARD MEMBERS AND THOSE ADVOCATES FOR THAT HEALTHY, ACTIVE LIVING HABITS IN THE REGION. I'LL START WITH SOME CONSTRUCTION UPDATES. YOU WILL BE SEEING THAT HERITAGE PLAZA IS CURRENTLY UNDER CONSTRUCTION. THERE'S FENCING AROUND PRETTY MUCH THE ENTIRE SITE HERE IN THE DOWNTOWN AREA, JUST WHERE THEY'RE AT RIGHT NOW. ALL THE PARKING LOTS AND CONCRETE AREAS HAVE BEEN REMOVED. THE BRICK PAVERS AROUND THE CABIN HAVE BEEN PALLETIZED AND WRAPPED FOR PROTECTION, AND THEN THEY ARE REMOVING THE LIGHT POLES AND THE GRADIENT OF THE PROPERTY AT THIS POINT AS WELL. HAWKINS SPRING. IT HAS A NEW PLAYGROUND AND ACTUALLY THERE'S A NEW SPONGY RUBBER SURFACING ON THAT AS WELL. IT MAKES A LITTLE BIT MORE INCLUSIVE TO ALL THE ABILITIES THAT ARE ENJOYING THAT PLAYGROUND. LAKE GROVE PARKING LOT IS COMPLETE AND OPEN. OBVIOUSLY, THAT GIVES QUICK ACCESS TO THOSE RECREATIONAL TRAIL TRAILS INTO THE SMALL POND THERE. SHE ALREADY MENTIONED THE CONFERENCE CENTER. I WANT TO THANK THE COMMUNITY DEVELOPMENT, BUT THAT THE INTERIOR WORK IS COMPLETE AND THE LANDSCAPING IS ABOUT 80% COMPLETE AT THIS POINT. SO THEY'RE WAITING FOR SOME COOLER WEATHER TO PLANT THOSE TREES AND ALL THAT KIND OF FUN STUFF. AS FAR AS UPCOMING EVENTS, AUTUMN BEATS CONCERT TAKES PLACE ON OCTOBER 3RD. THERE'S A COUNTRY MUSIC BAND, SO MAKE SURE YOU MARK YOUR CALENDARS THAT'S GOING TO BE AT THE COMMUNITY PARK, AND THEN ACTUALLY ASK FOR A FEW NUMBERS HERE FOR SOME, SOME OUR RECREATIONAL ACTIVITIES, OUR YOUTH SPORTS HAVE PICKED UP FOR THE FALL SEASON. AND THESE NUMBERS ARE PRETTY AMAZING. JUST FROM A PARTICIPATION STANDPOINT. SOCCER HAS 1919 PARTICIPANTS. BASEBALL 951. SOFTBALL 397. FOOTBALL 638. FLAG FOOTBALL 281 AND TENNIS 152. SO I WANT TO JUST GIVE A BIG THANKS TO ALL OF OUR ASSOCIATIONS FOR PROVIDING THOSE RECREATIONAL OPPORTUNITIES FOR THIS COMMUNITY. THANK YOU FOR THAT UPDATE. COUNCILMAN CHESHIRE COUNCILMAN RENO SERVES AS OUR LIAISON TO LIBRARY BOARD. DO YOU HAVE ANY UPDATES FOR US REGARDING THE LIBRARY? YEAH. THANK YOU. MAYOR. THE LIBRARY CONTINUES TO MEET AND EXCEED ALL ITS GOALS. THE SUMMER PROGRAMS ARE EXCELLENT. THE STUDY ROOMS ARE 90% FULL. IT IS A GREAT PLACE TO GO AND MEET PEOPLE IN THE COMMUNITY. IT IS EXCELLENT AND THEY'RE VERY POSITIVE. AND SO I MY FAVORITE IS TO WATCH THE KIDS PLAYING OUTSIDE. IT'S. THAT'S ALWAYS POSITIVE. SO FANTASTIC. THANKS. THANK YOU, COUNCILMAN RENO. I APPRECIATE EVERYBODY GIVING US THOSE UPDATES. I THINK IT'S IMPORTANT FOR US TO KEEP ABREAST OF ALL THAT'S GOING ON IN THE VARIOUS BOARDS, BUT ALSO CITIZENS THAT MIGHT BE HERE OBSERVING OR WATCHING ONLINE LATER, GET THESE UPDATES AND CAN KNOW THAT THEY'RE GETTING GREAT SERVICES FOR, FOR WHAT WE PUT IN HERE AT THE COMMUNITY. SO WITH THAT, WE WILL MOVE ON TO 2026. 323 CITIZENS TO BE HEARD. THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC THAT'S NOT ALREADY SCHEDULED FOR PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY SECRETARY. SPEAKERS ARE LIMITED TO THREE MINUTES IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT. ANY SPEAKERS THIS EVENING? WE HAVE NO SPEAKERS. WE WILL MOVE ON FROM ITEM 323 AND MOVE ON TO ITEM 324, WHICH IS CONSENT AGENDA. ALL THE MATTERS THAT ARE LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. HOWEVER, IF SEPARATE DISCUSSION IS DESIRED, THAT ITEM CAN BE REMOVED FROM CONSENT AGENDA AND CONSIDERED SEPARATELY. WOULD ANY COUNCIL MEMBERS LIKE TO REMOVE ANY ITEMS FROM CONSENT THIS EVENING? HEARING NO ONE. I'LL TAKE A MOTION TO APPROVE CONSENT AGENDA. SECOND MOTION MADE BY COUNCILWOMAN HAMMOND TO APPROVE CONSENT SECONDED BY COUNCILMAN CHESHIRE. PLEASE VOTE. CONSENT AGENDA PASSES 7 TO 0. UNDER OUR PUBLIC HEARINGS THIS EVENING, OF WHICH THERE ARE TWO. THE FIRST ONE IS 2026 325 CONDUCT A PUBLIC HEARING. CONSIDER AN ACT UPON AN ORDINANCE REZONING. 3.195 ACRE PORTION OF THE BENJAMIN F HAWKINS SURVEY ABSTRACT 4.64 FROM AGRICULTURE TO SINGLE FAMILY THREE AND GRANTING A SPECIFIC USE PERMIT FOR SECONDARY DWELLING UNIT. THE PROPERTY IS LOCATED AT 1051 AND 1211 MOUNT ZION ROAD. WELCOME, DANIEL. THANK YOU, MAYOR AND COUNCIL. DANIEL HUBBARD, SENIOR PLANNER, TO PRESENT. THIS IS A 3.195 ACRE TRACT OF LAND OCCUPIED BY TWO EXISTING SINGLE FAMILY DWELLINGS, ZONE AGRICULTURAL AND DESIGNATED MEDIUM DENSITY RESIDENTIAL ON THE FUTURE LAND USE MAP. THE PROPERTY WAS ANNEXED IN 2004. THE SOUTHERN RESIDENCE WAS CONSTRUCTED IN 1970 AND THE NORTHERN RESIDENCE IN 2000. A PLAT CREATING TWO RESIDENTIAL LOTS WAS APPROVED AND SIGNED BY THE CITY IN ELLIS COUNTY BEFORE THE SECOND RESIDENCE WAS CONSTRUCTED, BUT IT WAS NEVER RECORDED. THE SURROUNDING PROPERTIES ARE ZONED AGRICULTURAL AND ARE ALSO USED FOR SINGLE FAMILY RESIDENTIAL, SO THE REQUEST IS COMPATIBLE WITH THE SURROUNDING AREA. THE PROPERTY AND ADJACENT PROPERTIES ARE DESIGNATED MEDIUM DENSITY RESIDENTIAL. THE REQUEST MAINTAINS THE EXISTING RESIDENTIAL USE AND CREATES 21.6 ACRE LOTS. IT IS
[15:03] CONSISTENT WITH THE FUTURE LAND USE PLAN AND SUPPORTS THE COMPREHENSIVE PLAN GOALS FOR COMPATIBLE RESIDENTIAL NEIGHBORHOODS. AN APPROPRIATE MIX OF LAND USES AND DEVELOPMENT THAT REFLECTS THE COMMUNITY'S VISION. AND THE LEFT EXHIBIT SHOWS HOW THEY WILL BE PLOTTING THE TRACT INTO TWO LOTS. THE RIGHT SHOWS THE PROPOSED LAYOUT FOR LOT TWO, INCLUDING THE PROPOSED RESIDENCE AND EXISTING DRIVEWAY, WHICH WILL REMAIN AND BE ADJUSTED AS NEEDED TO ACCOMMODATE THE NEW DWELLING. TOGETHER THEY WILL OR THEY SHOW HOW THE S P RELATES TO THE PROPOSED LOT LAYOUT. THE SUP IS REQUIRED FOR A VARIANCE TO ALLOW TWO DWELLINGS TO BE SERVED BY SEPARATE USE. SEPARATE ELECTRIC UTILITY METERS ON LOT TWO. THE PROPOSED STRUCTURE WILL MEET ALL OTHER CODE REQUIREMENTS DUE TO THE PROPOSED DWELLINGS. 5265 SQUARE FOOT BUILDING FOOTPRINTS AND STU SIZE ALLOWANCE BEING 75% OF THE AIR CONDITIONED FLOOR AREA OF THE PRIMARY DWELLING UNIT. PER THE CODE, THE EXISTING PRIMARY STRUCTURE WILL BECOME THE SECONDARY DWELLING UNIT. 12 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200FT AND NO CORRESPONDENCE HAS BEEN RECEIVED. ONE SIGN WAS PLACED ON THE PROPERTY AND NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN THE MIDLOTHIAN MIRROR FOR TEXAS LAW COMPLIANCE. STAFF RECOMMENDS APPROVAL OF THE REZONING TO SF3 AND THE SPECIFIC USE PERMIT. DUE TO CONSISTENCY WITH THE FUTURE LAND USE PLAN, THE COMPREHENSIVE PLAN AND COMPATIBILITY WITH SURROUNDING LAND USE AND ZONING. THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL BY A VOTE OF 6 TO 0 AT ITS SEPTEMBER 15TH MEETING. THANK YOU. I'M OPEN TO QUESTIONS AND THE APPLICANT IS HERE AS WELL. THANK YOU. DANIEL. TAMMY. ANYBODY SIGN UP TO SPEAK ON THIS CASE? SINCE THIS IS A PUBLIC HEARING AND NOBODY SIGNED UP TO SPEAK ON THE CASE, I'LL TAKE A MOTION TO CLOSE THE PUBLIC HEARING. SECOND MOTION MADE BY COUNCILMAN CHESHIRE TO CLOSE PUBLIC. I'M SORRY WEAVER, WRONG SIDE. COUNCILMAN WEAVER TO CLOSE THE PUBLIC HEARING SECONDED BY MAYOR PRO TEM. PLEASE VOTE. PUBLIC HEARING CLOSES 7 TO 0. THE APPLICANT IS HERE AND WOULD LIKE TO SPEAK OR MAKE A PRESENTATION. YOU'RE WELCOME TO COME FORWARD OR JUST STAND FOR QUESTION AS NEEDED. OKAY. COUNCIL ENGAGEMENT HERE. ROSS. A QUESTION FOR STAFF. IT SAYS SF3 IS ONE ACRE MINIMUMS BUT THAT'S SF2. THAT IS CORRECT. YES. I DID NOTICE THE DISCREPANCY IN THE STAFF REPORT. THE LOTS WILL COMPLY WITH THE SF3 STANDARDS, WHICH I FULLY RESPECT BECAUSE I MEAN THOSE ARE. THE LOTS ARE BIGGER THAN SFF3 MINIMUMS RIGHT. SO BUT THE QUESTION FOR ME IS SINCE WE'RE DOING ZONING AT THIS POINT, WITH SF3 BEING 200 ZERO SQUARE FOOT MINIMUMS INSTEAD OF ONE ACRE MINIMUMS, WHICH 43,005 60, THERE'S ENOUGH ROOM THAT THESE LOTS COULD POTENTIALLY BE FURTHER SUBDIVIDED BASED UPON THIS INTO MORE THAN TWO LOTS, ESPECIALLY WHEN YOU LOOK AT THE LOT, THE NORTHERNMOST LOT, I MEAN, IT HAS THE ABILITY YOU COULD MOVE THAT LOT LINE TO THE SOUTH AND THEN, YOU KNOW, CREATE A THIRD LOT THERE. AND SO THAT WAS MY ONLY CONFUSION. READING THROUGH THE STAFF REPORT IS, YOU KNOW, IF THE GOAL IS TO MAKE TWO LOTS THAT ARE OVER AN ACRE, BUT LESS THAN TWO ACRES, SF TWO WOULD BE THE APPROPRIATE ZONE. SO WHY ARE WE GOING ALL THE WAY TO SF THREE WITH A LOT TO ANSWER THAT IF YOU WERE TO, DEPENDING ON HOW YOU DO IT, LIKE IF YOU WERE TO SUBDIVIDE IT INTO THREE LOTS IN THE FUTURE, YOU WOULD HAVE DIFFICULTY MEETING THE SETBACKS DEPENDING ON THE SIZE OF THE HOUSE ON IT. BUT I DON'T DISAGREE. RIGHT. BUT IF YOU THROW DO YOU HAVE THE PROPOSED PLAT? THAT WAS AN EXHIBIT TO OUR PACKET THAT YOU CAN PUT UP THERE. RIGHT THERE. SO SO LOOK ON THAT SOUTHERNMOST LOT. I MEAN, YOU COULD MOVE THE THE COMMON LOT LINE TO THE SOUTH WITH A REPLAT AND YOU'RE STILL GOING TO MEET ALL YOUR SETBACKS ON LOT ONE OR WHAT WOULD BECOME TWO R AT THAT POINT. YOU COULD MOVE THEN PUT A LINE DIRECTLY NORTH OF THE HOUSE ON LOT ONE AND STILL HAVE A 24,000 SQUARE FOOT LOT THAT WOULD HAVE THE APPROPRIATE SETBACK. SO I JUST, I, I CHALLENGE GOING ALL THE WAY TO SF THREE BECAUSE IT HAS THE POTENTIAL TO ALLOW FOR UNINTENDED USES IN THE FUTURE. RIGHT NOW WE'RE SAYING, HEY, WE'RE COOL TAKING THIS. THAT'S ALMOST FOUR ACRES AND DIVIDING IT INTO TWO LOTS. BUT YOU KNOW, ARE WE GOOD WITH IT AT THREE? AND COUNCIL MAY BE, WHICH IS FINE. I JUST THE DISCREPANCY IN THE STAFF REPORT PAINTS IT LIKE THEY CAN'T BE SMALLER THAN AN ACRE WHEN WE'RE APPROVING ZONING TONIGHT. THAT WOULD LET THEM BE 24,000 SQUARE FOOT LOTS. SO IF EVERYBODY'S COOL WITH THAT, GREAT. BUT I THINK THAT'S WORTH NOTING. DANIEL. I GUESS I WOULD ASK, CAN CAN THIS MEET
[20:06] ALL THE SETBACKS IF IT IS ZONED SF TWO? F THREE 100? YES, SIR. AND THEN JOE, I GUESS THE QUESTION WOULD BE IF COULD WE MAKE IT SF TWO? SINCE THAT'S LESS DENSE, YOU COULD CHANGE IT BACK TO. I MEAN, WE COULD CHANGE IT TO SF TWO BECAUSE IT'S LESS DENSE THAN SF THREE. BUT GOING BACK TO SF, I BELIEVE THE ONLY THING IT WOULD NOT MEET WOULD BE THE SIDE YARD SETBACK ON LOT ONE, WHICH IS SF TWO IS A 20 FOOT SETBACK. I BELIEVE IN SF THREE, IT'S A TEN FOOT SETBACK. SO YOU DO HAVE ONE ELEMENT THERE THAT WOULD REQUIRE THAT LOT LINE TO MOVE SOUTH ABOUT TEN FEET IN ORDER TO COMPLY WITH TRUE SF TWO. AND I'M SORRY, WHAT LOT WAS THAT LOT 1 OR 2. LOT ONE. IF YOU LOOK AT THE DIAGRAM THAT HE'S SHOWING US THERE, SEE HOW THE HOUSE IS SET RIGHT ON THAT TEN FOOT UTILITY EASEMENT. SO YOU WOULD HAVE TO HAVE A VARIANCE TO THAT, THAT LOT LINE OR REMOVE THAT. I MEAN THEY HAVEN'T PLATTED IT YET. THEY'RE GOING TO PLAT IT AFTER THEY ZONE IT. RIGHT. SO WHAT IT WOULD REQUIRE IS WHEN THEY COME IN FOR THAT PLAT, THAT THAT COMMON PLAT LINE OR LOT LINE MOVES SOUTH TEN FEET, BUT THEN IT WOULD MEET ALL THE REQUIREMENTS OF THE ACTUAL SF TWO ZONING CLASSIFICATION, WHICH IS WHAT I UNDERSTAND THE REQUEST TO BE. OKAY. ANY OTHER QUESTIONS, ANNA. SO IF SO, ARE WE ABLE TO CHANGE IT TO SF TWO KNOWING THAT IT DID THE PUBLIC HEARING AND WENT THROUGH P AND Z ALL FOR SF THREE? YEAH, YEAH, YEAH. YOU COULD I WOULD JUST SINCE THE APPLICANT IS NOT HERE, I'M NOT SURE WHAT THEIR INTENTION. OH IS HE. OH OKAY. I'M SORRY. AND THAT WILL ALLOW I THINK THAT WOULD BE A QUESTION FOR THE APPLICANT. OKAY. AND THAT WILL ALLOW EVERYTHING YOU MIGHT COME FORWARD TO THE MICROPHONE JUST SO BASICALLY THEN THE QUESTION JOE AND ROSS, IF THE APPLICANT IS WILLING TO MOVE THE LOT LINE TEN FEET, THEN IT WOULD MEET ALL SF TWO AND COULD APPROVE IT. THAT WAY WE HAVE NO PROBLEM MOVING IT AS LONG AS WE KNEW IT. SORRY, WE HAVE NO PROBLEM MOVING THE LOT LINE. IF THAT'S THE QUESTION IS THAT CHECK THE BOXES THEN. OKAY. THANK YOU. SO THIS. THIS WOULD HELP HELP MAKE IT AN SF TWO ACROSS THE BOARD, BASICALLY, RIGHT. INSTEAD OF GOING TO SF THREE. OKAY, OKAY. ANY FURTHER QUESTIONS ON THIS? ROSS. NO, I DID WANT TO CORRECT MYSELF THOUGH. IT IS 15FT ON THE SIDE YARD, WHICH STILL WOULD REQUIRE THE LOT LINE TO MOVE, BUT ONLY BY A NOMINAL AMOUNT OF FIVE FEET. SO OKAY, ANY MOTIONS ON THE TABLE? I'LL MAKE A MOVE. I'LL MOVE TO APPROVE THE SCP FOR THE SECONDARY DWELLING UNIT AND THE REZONE REQUEST TO SINGLE FAMILY TWO. OKAY. MOTION. MOTION MADE BY COUNCILMAN WEAVER. SECONDED BY COUNCILMAN MAYOR PRO TEM WICKLIFFE. PLEASE VOTE. ITEM PASSES 7 TO 0. THANK YOU SIR. THANK YOU. THANK YOU. DANIEL. OUR SECOND PUBLIC HEARING OF THE EVENING 2026 326. CONDUCT PUBLIC HEARING AND CONSIDER AND ACT UPON REQUEST FOR AN ORDINANCE REZONING. 395.7 PLUS OR MINUS ACRES OUT OF THE BUCKINGHAM CANFIELD SURVEY ABSTRACT 196 AND THE ALFRED B FORBES SURVEY ABSTRACT 370 AND ALEX FORBES SURVEY ABSTRACT THREE, SIX NINE AND THE WILLIAMS MULLEN SURVEY ABSTRACT SEVEN, FOUR EIGHT AND THE WILLIAM FORBES SURVEY ABSTRACT THREE, SIX EIGHT. FROM AGRICULTURAL TO SORRY AGRICULTURAL HEAVY INDUSTRIAL DISTRICT AND PLAN DEVELOPMENT DISTRICT NUMBER 1082 PLAN DEVELOPMENT DISTRICT 192. FOR HEAVY, HEAVY INDUSTRIAL USES. THE PROPERTY IS LOCATED SOUTH SIDE OF MIDLOTHIAN RAILPORT AT THE SOUTH END OF BROOK HOLLOW DRIVE, APPROXIMATELY 3000FT EAST OF JONES ROAD AND ONE MILE WEST OF WATERWORKS ROAD. CLIVE. THANK YOU MAYOR. COUNCIL. THIS IS A REQUEST TO REZONE APPROXIMATELY 395 ACRES THAT IS CURRENTLY ZONED AGRICULTURAL AND HEAVY INDUSTRIAL AND PD 108 FOR HEAVY INDUSTRIAL USES. THIS IS IN THE FUTURE LAND USE MODULE OF AN INDUSTRIAL MODULE. THE CURRENT LAND USE IS UNDEVELOPED AND THEN THE PROPOSED LAND USE IS PD 192 FOR HEAVY INDUSTRIAL USES. THIS WAS ANNEXED IN 1998. ANOTHER PORTION WAS ANNEXED IN 99 AND THEN ANOTHER PORTION WAS ANNEXED IN 2017. THE SURROUNDING ZONING IS HEAVY INDUSTRIAL TO THE NORTH, WHICH, WITH AN SUP FOR A LIQUID NATURAL GAS PLANT THAT WAS JUST APPROVED A COUPLE OF MONTHS AGO. TO THE EAST IS PD 108 FOR HEAVY INDUSTRIAL USES, AND THEN AGRICULTURE. SOUTH IS AGRICULTURAL AND IS ALSO UNINCORPORATED. AND THEN THE WEST IS AGRICULTURAL AND UNINCORPORATED AS WELL. THE SURROUNDING LAND USES TO THE NORTH IS UNDEVELOPED. AND THEN YOU ALSO HAVE THE NATURAL LIQUID NATURAL GAS PLANT. THE EAST AND SOUTH ARE BOTH UNDEVELOPED. AND THEN TO THE WEST IS UNDEVELOPED. AGRICULTURAL AND SINGLE FAMILY RESIDENTIAL. THIS IS THE
[25:04] CURRENT IS THE FUTURE. LAND USE TO THE NORTH IS INDUSTRIAL. TO THE EAST IS QUARRY AND INDUSTRIAL ESCARPMENT CONSERVATION OVERLAY. YOU SEE THE HATCH MARK OVER HERE IN THIS AREA? THAT'S A CONSERVATION OVERLAY TO THE SOUTH IS INDUSTRIAL, TO THE WEST IS INDUSTRIAL. THOSE ARE THE LAND USE DESIGNATIONS BEING IN THE HEAVY INDUSTRIAL MODULE. SO THIS PROVIDES OPPORTUNITIES FOR MANUFACTURING, ASSEMBLY AND WAREHOUSING WITHIN THE CITY. THIS DOES ACCOMPLISH SEVERAL OF OUR LAND USE GOALS. IT ENCOURAGES A BALANCE OF LAND USES TO SERVE THE NEEDS OF RESIDENTS THROUGH ACCESSIBLE JOBS SERVICES AND PROVIDE INCREASED OPPORTUNITIES FOR MIDLOTHIAN RESIDENTS TO WORK WITHIN THE CITY. LAND USE GOAL NUMBER FIVE ENSURE DEVELOPMENTS EXEMPLIFY THE COMMUNITY'S VISION AND CONTRIBUTE. CONTRIBUTE. EXCUSE ME TO THE OVERALL WELL-BEING OF RESIDENTS AND VISITORS. DIVERSIFY THE CITY'S TAX BASE AND PROVIDE RELIEF FOR INDIVIDUAL PROPERTY OWNERS. AND THEN THAT IS A VERY SIMILAR GOAL TO ECONOMIC AND FISCAL RESILIENCY. ENSURE DEVELOPMENTS EXEMPLIFY THE COMMUNITY'S VISION AND CONTRIBUTE TO THE OVERALL WELL-BEING OF RESIDENTS AND VISITORS, AND THEN DIVERSIFY THE MIDLOTHIAN'S EMPLOYMENT BASE AND PROMOTE SUSTAINABLE ECONOMIC GROWTH AND EXPAND LOCAL JOB OPPORTUNITIES. SO THIS IS THE THOROUGHFARE PLAN, OUR CURRENT THOROUGHFARE PLAN. JUST TO ORIENT YOU, WE HAVE BROOK HOLLOW DRIVE. WHERE WHERE AM I? THERE'S RAILPORT RIGHT HERE. THANK YOU. SO, BROOK HOLLOW DRIVE, THIS IS THE LIQUID NATURAL GAS PLANT. THIS IS CARMAX DOWN HERE. SO OUR CURRENT THOROUGHFARE PLAN HAS IT GOING THROUGH THIS DEVELOPMENT AS THE GREEN DASH LINE, HOOKING UP WITH SOME PROPOSED THOROUGHFARES THAT COME DOWN OFF OF THE ESCARPMENT, ULTIMATELY ENDING UP AT 67 UP HERE BBV JONES ROAD. WHAT IS PROPOSED HERE IS RATHER THAN CUT THE DEVELOPMENT IN. A THIRD BASICALLY IS THEY HAVE PROPOSED THIS YELLOW LINE SKIRTING ALONG THE EAST AND NORTH SIDE OF THE PROPERTY, PROVIDING THE SAME AMOUNT OF CONNECTION FROM 875 HERE TO V V JONES OVER HERE ON THE WESTERN SIDE. SO THIS WAS REVIEWED BY ENGINEERING, AND THEY'RE GOOD WITH THIS. AND THAT IS THE THOROUGHFARE. SO UNTIL THE PROPERTY IS CLOSED ON BY THE ULTIMATE USER, PD 108 WILL CONTINUE. AND BUT FOR THE PRIMARY USES THAT ARE BEING PROPOSED TONIGHT, IT IS FOR DATA CENTER, A FIRE STATION AND PUBLIC SAFETY BUILDING. VARIOUS UTILITY USES SUCH AS ELECTRICAL GENERATING PLANTS, SUBSTATIONS, COMMUNICATION TOWERS, WATER FACILITIES, NATURAL GAS AND LIQUID FUEL, ENERGY SYSTEMS, WIND ENERGY SYSTEMS, AND OVERHEAD ELECTRICAL TRANSMISSION LINES. AND SOME OF THE ACCESSORY USES WILL BE INDUSTRIAL STORAGE, YARD, OUTDOOR STORAGE, MAINTENANCE AND REPAIR FACILITIES, AND ADMINISTRATIVE OFFICES. THIS IS A SITE PLAN FOR THIS. SO BROOK HOLLOW IS RIGHT UP HERE. THIS IS THE PROPOSED THOROUGHFARE COMING FROM THE WESTERN SIDE I LOST. I KEEP LOSING MY CURSOR FROM THE WESTERN SIDE OF JONES, ULTIMATELY CONNECTING TO 875 ON THE SOUTHWEST SOUTHEAST PORTION OF THE DEVELOPMENT. SO THEY ARE PROPOSING THREE DATA CENTERS FOR A TOTAL OF THREE POINT 9,000,000FT■S FOR POWER GENERATION YARDS, WITH A 97,000 SQUARE FOOT BUILDING IN EACH. AND THOSE ARE KIND OF DEPICTED BY THESE VARIOUS SQUARE AND TRAPEZOIDAL SHAPES. THERE WILL BE A 218,000 SQUARE FOOT PRIVATE RECYCLE FACILITY. THIS WILL BE A CLOSED LOOP SYSTEM. THERE IS A RETENTION POND IN THE NORTHWEST PORTION, GATED ACCESS ON THE NORTH, AS WELL AS FROM JONES ON THE WESTERN SIDE. THERE WILL BE AND OF COURSE INTERNAL DRIVEWAY SYSTEM. THE MINIMUM PARKING WILL BE ONE SPACE PER TWO EMPLOYEES, OR ONE SPACE PER 3000FT■S OF OFFICE SPACE, AND THEN A MAXIMUM PARKING OF ONE SPACE PER 300 SQUARE FOOT OF OFFICE, AND THEN ROUGHLY 130 SPACES PER BUILDING BASED ON THE SITE PLAN. SO YOU CAN SEE THE PARKING AREAS ARE IN THESE DIFFERENT EMPTY AREAS BETWEEN THE DRIVEWAYS AND THE MAXIMUM LOT COVERAGE FOR IMPERVIOUS COVERAGE IS 85% IN THIS AREA. SOME OF THE SETBACK DETAILS HERE ARE NO STRUCTURES WITHIN 250 FOOT OF RESIDENTIAL PROPERTY AT THE TIME OF DEVELOPMENT. APPLICATION FOR SUCH STRUCTURE, NO CIRCUMSTANCE WILL THE SETBACK EVER BE LESS THAN 125FT, AND I JUST I'LL JUMP AHEAD REAL QUICK. WE ARE DEFINING RESIDENTIAL PROPERTY WITHIN THIS PD AS ANYTHING. SF 1SF2SF3 SINGLE FAMILY FOUR R 2.5 R-3 MEDIUM DENSITY 1 OR 2 MOBILE HOME OR MULTIFAMILY. SO THE NO STRUCTURE OTHER THAN A FIRE STATION OR PUBLIC BUILDING BUILDINGS, PUBLIC SAFETY BUILDING WILL BE WITHIN 200FT OF A STATE ROAD CURRENTLY IN EXISTENCE, AND NO PRIVATE SUBSTATION WITHIN 300FT OF A
[30:01] RESIDENTIAL PROPERTY OR TWO LANE RESIDENTIAL STREET WITHIN THE CITY. AND ONCE AGAIN, UNDER NO CIRCUMSTANCES WILL THE SETBACK BE LESS THAN 125FT. SO THERE WILL BE PERIMETER LANDSCAPING, 50 FOOT LANDSCAPE BUFFER ALONG THE PUBLIC RIGHT OF WAY THAT THEY'LL BE BUILDING HERE. AND THAT WILL INCLUDE ONE CANOPY TREE FOR 40 FOOT ON CENTER, AND THEN THREE ORNAMENTAL TREES PER 150 FOOT, AND THEN BERMS TO PROVIDE ESTHETIC BUFFER BUFFERING, MINIMUM 15% LANDSCAPE AREA BETWEEN BUILDINGS AND THE PROPERTY LINE, AND THE IRRIGATION OF LANDSCAPE BUFFER ADJACENT TO THE RIGHT OF WAY. EIGHT FOOT TALL BLACK METAL PERIMETER SECURITY FENCE, AND THEN THE GROUND EQUIPMENT WITHIN 300FT OF RESIDENTIAL TO BE SCREENED BY EIGHT FOOT MASONRY WALL. UP TO 50% OF THAT WALL MAY BE A MESH OR LATTICE FOR VENTILATION ON THOSE FACILITIES, AND THEN THE BACKUP GENERATORS WILL BE SCREENED FROM VIEW AND ENCLOSED WITH SOUND WALLS AT LEAST AS TALL AS A GENERATOR. AND YOU SEE, THE GENERATORS ARE I DON'T KNOW HOW TO DESCRIBE THAT. THE THE DASH MARKS ON THE OUTSIDE OF THE DATA CENTERS. THE ACTUAL DATA CENTER BUILDINGS, THEY WILL BE PREDOMINANTLY PRECAST CONCRETE CONSTRUCTION WITH A MIX OF MASONRY, METAL AND WOOD. ACCENTING WOOD, ACCENTING BOTTOM OF THE FRONT ELEVATION, ABUNDANT GLAZING ON FRONT ELEVATION, ESPECIALLY AT THE BUILDING CORNERS, THE WALL PLANE AND RECESSES. PROJECTIONS AND VARIED WALL HEIGHTS PROVIDE ARTICULATION ALONG THE FRONT, SMALL ACCENT WINDOWS ALONG THE TOPS OF THE BUILDINGS IN THE SIDE AND REAR ELEVATIONS. THE MAXIMUM HEIGHT WILL BE 75 FOOT TALL, WITH A 25 FOOT ALUMINUM LOUVER SCREEN SYSTEM TO SCREEN THE ROOFTOP EQUIPMENT. SO THIS IS THE 75 FOOT LIMITATION HERE. THIS ADDITIONAL 25 FOOT WILL BE THE ALUMINUM LOUVER ALUMINUM LOUVERED FACILITY. SO LIKE I SAID, IT'S PREDOMINANTLY PRECAST CONCRETE CONSTRUCTION. THE ARTICULATION WITH PROJECTING ELEMENTS AT THE BUILDING CORNERS AND CHANGE OF MATERIALS AT REGULAR INTERVALS, BOTH VERTICALLY AND HORIZONTALLY, THE GENERATING BUILDINGS, THOSE GENERATING THOSE FACILITIES WILL BE UP TO 45 FOOT TALL, AND THEN ELEVATIONS FOR GATE HOUSE, MAIN OFFICE, ANCILLARY BUILDINGS AND TEMPORARY CONSTRUCTION FACILITY TO BE DETERMINED AT A DETAILED SITE PLAN REVIEW THE THE TRASH AND DUMPSTER AREAS TO BE SCREENED IN ACCORDANCE WITH OUR CURRENT ZONING ORDINANCE. THERE WILL BE NO FREESTANDING SIGNS, POLE SIGNS OR ELECTRONIC MESSAGE CENTERS ALLOWED ON THIS PD. THERE WILL BE TEMPORARY CONSTRUCTION FACILITIES AND TEMPORARY BATCH PLANTS MAY BE LOCATED ON THE PROPERTY. THERE'S A TIMELINE FOR REMOVAL IN THE PD REGS, WHICH I BELIEVE IS 24 MONTHS, AND THEN A DETAILED SITE PLAN WILL HAVE TO COME THROUGH TO THE DRC, AND THAT WILL BE AN UPDATED TRAFFIC IMPACT ANALYSIS FOR THE FIRST PHASE OF THE DEVELOPMENT, A DEVELOPMENT AND CONSTRUCTION TRAFFIC ROUTE MAP, AND THEN IDENTIFICATION OF TWO POINTS OF ACCESS AS REQUIRED BY THE FIRE MARSHAL. AND THEN THERE WILL BE SOME EXCEPTIONS, SUCH AS SIDEWALKS ALONG THE THOROUGHFARE AND THINGS LIKE THAT, THAT ARE EXEMPTIONS THAT ARE NOTED WITHIN THE PD. THIS IS A CLOSED WATER SYSTEM. SO CLOSED LOOP WATER SYSTEMS, SO THEIR WATER CONSUMPTION FOR COOLING WILL NOT EXCEED 0.5 MGD. THE NOISE THEY WILL NOT EXCEED 60DB AT THE PROPERTY LINE THAT'S ADJACENT TO RESIDENTIAL EXCEPT DURING CONSTRUCTION. THE HEAT, LIGHTING, GLARE AND VIBRATION WILL BE IN CONFORMANCE WITH ALL OUR CITY'S PERFORMANCE STANDARDS WITHIN SECTION 4.802 AND THEN ALL ELECTRICITY, ALL EXCUSE ME, ALL ELECTRICITY USE WILL COME FROM NEW ON SITE ELECTRICAL GENERATING PLANTS, AND THESE FACILITIES ARE EXPECTED TO PRODUCE ENOUGH ELECTRICITY TO ALSO ALLOW FOR SOME EXPORTING OF ENERGY TO THE SURROUNDING AREA TO STRENGTHEN THE GRID. 13 POSTCARDS WERE MAILED OUT TO THE PROPERTY OWNERS. ONE SIGN WAS PLACED AT THE END OF BROOK HOLLOW DRIVE. I NOTICE WAS PUBLISHED IN MIDLOTHIAN MIRROR AT THE P AND Z. WE HAD THREE SPEAKERS IN OPPOSITION TO THIS REQUEST, AND STAFF RECOMMENDS APPROVAL OF THIS REQUEST TO REZONE BASED ON IT BEING IN THE. CONSISTENT WITH OUR FUTURE LAND USE MAP AND CONSISTENT WITH OUR COMPREHENSIVE PLAN POLICIES AND GOALS. AND ON SEPTEMBER 15TH, I THINK IT'S INCORRECT. IN YOUR REPORT, I THINK I PUT FIVE ONE, BUT THE ACTUAL APPROVAL BY THE PNC WAS A VOTE OF 6 TO 0. AND JUST A NOTE THAT THIS ZONING DOES NOT GO INTO EFFECT EITHER THE EARLIER OF THE APPLICANT CLOSING ON THE PROPERTY OR SEPTEMBER 30TH, 2027. WITH THAT, I'LL STAND FOR QUESTIONS. AND THE APPLICANT IS HERE AS WELL FOR WITH THE PRESENTATION. THANK YOU. CLYDE. THIS IS A PUBLIC HEARING. ANYBODY FROM THE PUBLIC SIGNED UP TO SPEAK? RICHARD MEDINA'S MR. MEDINA, HAVE YOU COME FORWARD, INTRODUCE YOURSELF INTO THE MICROPHONE AND LET US KNOW WHETHER OR NOT YOU LIVE WITHIN THE CITY LIMITS. AND YOU'LL HAVE THREE MINUTES. RICHARD MEDINA'S NAI ROBERT LYNN COMMERCIAL REAL ESTATE. I DO NOT LIVE IN THE CITY LIMITS.
[35:03] OUR COMPANY REPRESENTS MARTIN-MARIETTA ON SITE SALES IN THE RAILPORT BUSINESS PARK, AND I'M HERE TO SPEAK ON THEIR BEHALF THAT THEY ARE IN SUPPORT OF THIS PROJECT. I'M ALSO. WE ARE ALSO THE REPRESENTATIVE OF QUIKRETE, THE SELLER OF THE PROPERTY AND THE LANDOWNER OWNER TO THE EAST. THEY ARE ALSO IN SUPPORT OF THIS PROJECT. OKAY. THANK YOU SIR. THANK YOU. NO OTHER SPEAKERS. OKAY. WITH NO OTHER PUBLIC SPEAKERS. I'LL TAKE A MOTION TO CLOSE THE PUBLIC HEARING. MOVE TO CLOSE THE PUBLIC HEARING. MOTION MADE TO CLOSE. PUBLIC HEARING BY THE PRO TEM. SECONDED BY COUNCILWOMAN HAMMOND'S. PLEASE VOTE. PUBLIC HEARING CLOSES 7 TO 0. APPLICANT WOULD LIKE TO COME UP, MAKE A PRESENTATION. IF YOU DON'T MIND. JUST INTRODUCE YOURSELVES AND AND WHO YOU'RE WITH. AND THEN TAKE. TAKE THE TIME YOU NEED. ABSOLUTELY. PATRICK NOONAN FROM MERRELL CAPITAL, DALLAS, TEXAS. DAVID HAYNES, MERRELL CAPITAL, DALLAS, TEXAS. APPRECIATE YOUR TIME THIS EVENING. I KNOW IT'S BEEN A A MET WITH A LOT OF YOU BUT WANTED TO GO THROUGH THE PRESENTATION ONE MORE TIME AND MAKE SURE EVERYONE'S CLEAR ON EVERYTHING. AND, YOU KNOW, OBVIOUSLY ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. QUICK INTRODUCTION. PATRICK NOONAN, I'M THE MANAGING PARTNER OF MERRELL CAPITAL. OUR PARTNERS ON THE PROJECT INCLUDE MERCURIA, WHO'S WITH US THIS EVENING. THEY ARE OUR POWER AND COMMODITY TRADING PARTNER. SO THEY ARE A GROUP OUT OF HOUSTON WHO BUILDS AND OPERATES POWER PLANTS FOR A LIVING. SO THEY'RE CURRENTLY BUILDING A POWER SEVERAL POWER PLANTS AND OPERATE SEVERAL POWER PLANTS, BOTH IN TEXAS AND OTHER JURISDICTIONS. AND THAT'S THEIR MAIN, MAIN BUSINESS. AND THEN KDC IS OUR DEVELOPMENT PARTNER ON THE DATA CENTERS. KDC HAS A LONG STANDING RELATIONSHIP WITH THE CITY OF MIDLOTHIAN. THEY WERE THE TEAM THAT BUILT THE ENCORE FACILITY THAT IS CURRENTLY EXISTING IN THE RAIL PORT DISTRICT AND HELPED THE EXTENSION AND UPGRADING OF JONES ROAD, WHICH WAS A DIFFICULT ENDEAVOR. YOU KNOW, IGNACIO AND BILL GUTHRIE HERE WITH US TODAY, YOU KNOW, SUPER EXCITED TO HAVE THEM AS PART OF THE PARTNERSHIP. I'M GOING TO REMOVE SOME GRASS, BUT NOT BELABOR THE POINT. CLYDE HIT THIS ALREADY. BUT YOU KNOW, THE PROPERTY CURRENTLY SITS IN THE FUTURE LAND USE PLAN THAT YOU ALL ADOPTED IN A INDUSTRIAL DISTRICT AND KIND OF GUARDED BY THE ESCARPMENT TO THE TO THE EAST. A LITTLE CONTEXT ON THE EXISTING PD. SO PD 108 SO THAT'S THE CURRENT PD THAT THE LAND IS CURRENTLY ZONED UNDER, ALLOWS ALL THE ABOVE USES BY. RIGHT. YOU KNOW, A COUPLE OF THEM REQUIRE AN SUP. BUT YOU KNOW, THERE'S A LOT OF HEAVY, LOUD AND TALL USES THAT ARE CURRENTLY ALLOWED BY THE EXISTING ZONING. AND THERE'S NO HEIGHT RESTRICTION. SO WE WANT TO COME IN AND SELF-IMPOSE A HEIGHT RESTRICTION, OBVIOUSLY, AND, AND DELIVER A MUCH MORE CLEAN AND VISUALLY APPEALING, LESS NOISY DEVELOPMENT TO THAT, TO THAT PART OF MIDLOTHIAN, AS OPPOSED TO SOME OF THE OTHER USES THAT ARE ALLOWED BY RIGHT IN THE CURRENT ZONING. WHEN WE THOUGHT THROUGH HOW TO BEST PARTNER WITH THE CITY AND AND THE NEIGHBORS, YOU KNOW, WOULD WAS TO KIND OF THINK THROUGH, OKAY, WHAT'S WHAT'S CURRENTLY ALLOWED, ALLOWED IN PD 108 AND HOW DO WE BEAT ALL THE BIG, YOU KNOW, STICKING POINTS? WE BELIEVE THAT PEOPLE WOULD, YOU KNOW, HAVE HAVE FEELINGS ABOUT SO BUILDING HEIGHT, YOU KNOW, NO RESTRICTIONS CURRENTLY WE'RE WE'RE WE'RE ASKING FOR 75 PLUS 25 ENHANCED LANDSCAPE BUFFER, ENHANCED MASONRY STANDARDS THAN YOUR BASE CODE. THE CITY ORDINANCE CURRENTLY AT PROPERTY LINES IS 75DB. WE WANT TO COME IN AND BEAT THAT AND COME IN AT 60 ADDITIONAL SCREENING. AND THEN OBVIOUSLY, AS CLYDE SAID, NO SIGNAGE. AGAIN, CLYDE ALREADY WENT THROUGH THIS. SO I WON'T SAY ON THIS LONG, BUT IT'S NEARLY 4,000,000FT■S OF DATA HALL. AND THIS WILL BE A CLOSED LOOP SYSTEM. SO WE'LL GET THIS IN, YOU KNOW, GET TO THIS IN A LATER SLIDE. BUT OBVIOUSLY WATER USE IS A A VERY IMPORTANT TOPIC FOR DEVELOPMENTS LIKE THESE. SO WE WANTED TO BE UP FRONT ABOUT, HEY, WE'RE GOING TO USE A CLOSED LOOP SYSTEM. AND THAT IS IN THE ORDINANCE. SO BEFORE WE CAN GET A BUILDING PERMIT, WE HAVE TO PROVIDE YOU WITH A PLAN THAT SHOWS THAT ALL THESE ALL THESE BUILDINGS WILL BE CLOSED LOOP AND THAT IS IN THE PD AS WRITTEN. SAME WITH THE NOISE AND AND ALL THE OTHER STUFF. JUST TO GIVE YOU SOME ADDITIONAL CONTEXT AROUND THE TOPOGRAPHY AND THE INDUSTRIAL NEIGHBORS TO THE SITE CURRENTLY. SO THE 650 AND 675 FOOT CALL
[40:04] OUT ON OUR PARCEL, THERE IS THE MEDIAN OR AVERAGE. ELEVATION, SEA LEVEL ELEVATION FOR FOR OUR PROPERTY. SO BETWEEN 600 AND 675FT ON THE ESCARPMENT, JUST DIRECTLY TO OUR EASTERN BOUNDARY, WE PICKED, YOU KNOW, THREE POINTS, YOU KNOW, 800 IN THE LOW POINT GOING UP TO 825 AND IN SOME CASES AT 850. SO WE HAVE A PRETTY AGGRESSIVE, YOU KNOW, TOPO DROP OFF OUR LAND IS KIND OF SITTING IN A HOLE, IF YOU WILL. AND AT SOME POINTS, 200FT ABOVE OUR, OUR, OUR, OUR, OUR SITE. ADDITIONALLY, YOU KNOW, WHEN WE TRY TO JUXTAPOSE OUR HIGH DESK WITH OUR INDUSTRIAL NEIGHBORS, YOU KNOW, THE POWER PLANT JUST TO THE NORTH OF US, THOSE STACKS ARE ABOUT 135FT QUICK TRIPS AT 100FT ALREADY. MARTIN MARIETTA QUICK FEET AT SOME POINTS OR SOMEWHERE BETWEEN 350 AND 385 FOR DALLAS AT 130 AND THE WINDMILLS AT 180. SO WE BELIEVE THAT NOT ONLY OUR INDUSTRIAL NEIGHBORS, BUT ALSO THE. YOU KNOW, MOTHER EARTH IS DOING US A FAVOR AS WELL AROUND THE TOPOLOGY OF THAT AREA TO HELP, YOU KNOW, MAKE THE MAKE THE BUILDING HEIGHT AND OUR, IN OUR MIND, BE LESS, LESS CUMBERSOME. TO KIND OF PUT THIS IN AN ILLUSTRATION. I MADE A, YOU KNOW, THAT LITTLE LITTLE GUY UP ON THE RIGHT ON THE ESCARPMENT IS SITTING AT THAT LOWEST POINT OF, OF 800. SO IF HE'S, YOU KNOW, WATCHING THE SUNSET OR SOMETHING, YOU KNOW, THAT INDIVIDUAL WOULD BE LOOKING, YOU KNOW, 50FT PLUS OVER THE, OVER THE TOPS OF BUILDINGS AND PARAPETS. JUST TO PUT THAT IN PERSPECTIVE. AGAIN, WE'LL, WE'LL NOT BELABOR THIS SINCE CLYDE HIT IT ALREADY, BUT THERE'S AN EXTENSIVE AMOUNT OF INFRASTRUCTURAL PUBLIC UPGRADES THAT WE'RE PROPOSING IN CONNECTION WITH THIS DEVELOPMENT IN THE TUNE OF, YOU KNOW, NINE FIGURES. ONE OF THE BIGGEST ONES OF THAT WAS THIS REALIGNMENT OF V.V. JONES TO FM 875 TO SKIRT OUR NORTHERN BOUNDARY. YOU KNOW, WE THINK THIS WILL, YOU KNOW, KEEP, YOU KNOW, ALLOW TRAFFIC FLOW FROM 75 TO 667 AND AVOID, YOU KNOW, YOU KNOW, YOU KNOW, CONGESTION ON 663 OR ETC. AND THEN AS CLYDE PREVIOUSLY MENTIONED, WE'RE WORKING WITH THE CITY TO HAVE A TRAFFIC ROUTE MAP FOR CONSTRUCTION. WE WANT ALL THE CONSTRUCTION TRAFFIC TO COME AT VERY SPECIFIC TIMES. THEY WILL BE FORCED TO TAKE 67 TO ENSURE 663 DOESN'T BECOME CONGESTED. SO THAT'S SOMETHING THAT WE'LL WORK THROUGH. AND OUR HOPE IS THE MAIN CONSTRUCTION ENTRANCE WILL BE OFF THE, YOU KNOW, BROOKHOLLOW AND THE JONES. ENTRANCES. ADDITIONALLY, SINCE KDC HAS ALREADY A LOT OF EXPERIENCE ON V.V. JONES, WE'D OBVIOUSLY IMPROVE V.V. JONES FROM, YOU KNOW, WHERE IT'S CURRENTLY IMPROVED TO ALL THE WAY DOWN TO TO OUR ENTRANCE THERE OFF OF JONES. A LITTLE COMMENTARY ON. LANDSCAPING. SORRY. THANK YOU DAVID. SO IT'S KIND OF HARD TO SEE HERE BLOWN UP, BUT THERE'S THREE COLORS HERE. WHERE'S THE MOUSE. SO THIS SMALL WELL SMALL IN THIS IMAGE WAS PRETTY LARGE. THIS GREEN LINE THAT'S ON OUR NORTHERN BOUNDARY IS A PROPOSED KIND OF BUFFER TO THE PUBLIC RIGHT OF WAY. THE ORANGE IS THAT SAME THING, BUT NOT ON PUBLIC RIGHT OF WAY. THIS IS WHERE WE'LL HAVE THOSE ORNAMENTAL TREES, YOU KNOW, EIGHT FOOT SCREENING WALLS AND AND BERMS. AND THEN THE PRIMARY LANDSCAPING ON THE SITE, WHICH IS THIS KIND OF TEAL INTERIOR. WE'RE GOING TO BE USING NATIVE SEED. SO WHAT DOES THAT MEAN? SO IF YOU GUYS ARE FAMILIAR WITH BUFFALO GRASS. SO BUFFALO GRASS IS SOMETHING THAT'S IN INCREDIBLY WATER EFFICIENT. SO YOU ESSENTIALLY PLANT IT. IT TAKES ABOUT A YEAR TO A YEAR AND A HALF FOR IT TO TAKE HOLD. IT ONLY USES. NON IT USES NON PERMANENT IRRIGATION. SO ONCE IT SETS YOU CAN TAKE ALL THAT IRRIGATION OUT AND IT NO LONGER REQUIRES ANY MEANINGFUL WATER. SO IT'S A NEW WAY THAT A LOT OF THE DEVELOPERS AND KDC IS USING THIS AT THE, I THINK AT THE TOYOTA FACILITY THAT THEY ALREADY CREATED AND UP AT THE NEW AT&T FACILITY AS WELL THAT THEY'RE DOING UP NORTH. AND IT'S A SUPER WATER EFFICIENT. AND IN IN THE PERIMETER ALONG THE RIGHT OF WAY WILL BE IRRIGATED YEARLY AND WILL REMAIN THAT WAY TO KEEP THE RIGHT OF WAY PROPERLY LIQUID. YEAH. SO TO KIND OF PUT THAT IN PERSPECTIVE, YOU KNOW, THE TOP RIGHT PORTION, YOU KNOW, YOU
[45:06] KNOW, THAT'S THE NATIVE SEED BUFFALO GRASS KIND OF LOOK ON THE TOP RIGHT. THE TOP LEFT IS KIND OF WHAT WE'RE ENVISIONING. YOU KNOW, THAT PUBLIC RIGHT OF WAY, PERMANENT IRRIGATED LANDSCAPING WOULD LOOK LIKE. AND THEN BOTTOM LEFT IS JUST ANOTHER ANGLE AERIAL OF KIND OF WHAT THAT BUFFALO GRASS APPEARS TO LOOK LIKE. TWO RENDERINGS OF OUR ENTRANCE ON THE LEFT IS BROOKHOLLOW DRIVE. SO ON THE RIGHT HERE BY THE RAILROAD CROSSING. THIS IS THAT LNG FACILITY THAT Y'ALL SAW LAST MONTH. AND THEN VISTRA, YOU KNOW, BEHIND THAT. SO THIS WOULD BE OUR ENTRANCE AND THE VISUAL FROM FROM BROOKHOLLOW. AND OBVIOUSLY WE'D IMPROVE THIS ROAD ALL THE WAY THROUGH AND MANAGE THE RAILROAD CROSSING. AND THEN SECOND ENTRANCE, THIS IS OFF OF JONES GOING DOWN TO OUR OR WESTERN ENTRANCE. I WON'T SAY ON THIS LONG SINCE CLYDE SHOWED THESE PICTURES BEFORE, BUT YOU KNOW, WE WANT TO PROVIDE LIKE A VERY ENHANCED ARCHITECTURAL LOOK TO THE BUILDINGS. IT WON'T BE SOMETHING THAT NOT ONLY WE'RE PROUD OF, BUT THE CITY'S PROUD OF. YOU KNOW, WE DON'T WANT THEM TO LOOK LIKE, YOU KNOW, CONCRETE PRISONS, YOU KNOW, OR SOMETHING THAT IS UNSIGHTLY. SO, YOU KNOW, HAVING A LOT OF GLASS AND BREAKING UP THE TILT WALL CONCRETE AND IMPLYING, YOU KNOW, APPLYING GLASS WHERE NOT NECESSARILY GLASS IS NEEDED. OBVIOUSLY, THERE WILL BE GLASS IN THE ADMINISTRATIVE SIDE OF THE BUILDING, BUT ALSO ON THE BACK AND SIDES. WE WANT TO MAKE IT LOOK LIKE, HEY, THERE'S, YOU KNOW, THERE'S LIFE TO THE BUILDING. AND ADDITIONALLY, ON THE BOTTOM RIGHT THERE IS OUR GENERATION, OUR GENERATION BUILDING. SO AS YOU CAN TELL ON THIS IS OUR GENERATION BUILDING. AS YOU CAN TELL, THERE'S A, THERE'S A WALL THAT'S KIND OF A, A SCREEN WALL ADJACENT TO THE EXTERIOR WALL OF THE INTERIOR BUILDING. SO THERE'S NOT GOING TO BE ANY SORT OF EXHAUST STACKS OR ANYTHING THAT'S GOING TO BE VISIBLE ABOVE THE ROOF LINE. OKAY. SO EVERYTHING IS GOING TO BE CONTAINED BEHIND THE SCREENING WALL, SO THERE WON'T BE ANY UNSIGHTLY, YOU KNOW, ALUMINUM OR, YOU KNOW, TUBING OR ANYTHING THAT WOULD BE VISIBLE TO THE OUTSIDE. IT'LL ALL BE CONTAINED IN THAT, IN THAT, IN THAT SIDE YARD. ON THIS QUICKLY, OBVIOUSLY, GRID. STABILITY AND CAPACITY IS A BIG AREA OF CONVERSATION RIGHT NOW. OUR, OUR DEVELOPMENT IS A FULLY BEHIND THE METER. PROPOSAL AND DEVELOPMENT. SO HEY, WHAT DOES THAT MEAN? SO WE'RE, YOU KNOW, WE'RE BRINGING OUR OWN POWER, RIGHT? SO THOSE FOUR GENERATION PAD SITES THAT CLYDE SHOWED ON THE PREVIOUS SITE PLAN IS WHERE WE PLAN TO GENERATE THAT POWER. SO WE'RE GOING TO TAKE, YOU KNOW, A TEXAS NATURAL GAS, CONVERT THAT MOLECULE INTO ELECTRON, AND THEN AND THEN, AND THEN PUT THOSE ELECTRONS INTO OUR DATA CENTER. THIS IS A VERY CLEAN TECHNOLOGY, CLEAN BURNING, RECIPROCATING ENGINES THAT HAVE SCR CATALYSTS ON THE BACK OF THEM. SO YOU CAN THINK OF THEM AS LIKE VERY SOUPED UP MUFFLERS ON YOUR CAR, RIGHT? SO THEY'RE VERY, VERY EFFICIENT AND CLEAN. AND THESE TURBINES ARE ACTUALLY CLEANER BY 7 TO 10 TIMES THAN THE AVERAGE MEGAWATT OFF THE GRID CURRENTLY. THAT INCLUDES ALL THE EXISTING COAL ON THE ERCOT GRID AND NON-EFFICIENT NATURAL GAS TURBINES THAT DON'T HAVE THAT SAME TYPE OF SCR CATALYST ON THE BACK OF THEM THAT GOT INSTALLED IN THE 80S, 90S AND EARLY 2000. AND I THINK ONE MORE POINT BEFORE I MOVE OFF THIS SLIDE, I THINK IT'S IMPORTANT TO TO NOTE. SO SINCE WE'RE BEHIND THE METER AND OUR DATA CENTERS WILL BE TAKING THAT LOAD, WE WON'T BE NOT TAKING ANY ELECTRICITY OFF THE GRID. OKAY. SO OBVIOUSLY THE PEAK LOAD OF THAT DATA CENTER WILL BE FULLY SUSTAINED BY THE ON SITE GENERATION. TO THE EXTENT, YOU KNOW, DATA CENTERS, LOADS, YOU KNOW, TEND TO SWING PRETTY, PRETTY AGGRESSIVELY AND OFTEN. SO. BUT TO THE EXTENT WE HAVE ANY EXCESS CAPACITY, THIS, THIS WILL BE INTERCONNECTED TO THE GRID. AND THAT'S, THAT'S MERCURY'S MAIN BUSINESS MODEL IS TO TRADE POWER. SO TO THE EXTENT WE ARE LOSING POWER ON OUR GENERATION ASSETS AS COMPARED TO OUR, YOU KNOW, OUR, OUR LOAD THAT WE NEED TO SERVE TO OUR DATA CENTER THAT WILL BE EXPORTABLE POWER. SO WE THINK, HEY, ON, ON ITS FACE, WE ARE NOT THROWING FUEL ON THE FIRE OF GRID CONGESTION. WE'RE SOLVING THAT ISSUE. AND TO THE EXTENT WE HAVE ADDITIONAL MEGAWATTS, WE WILL BE ABLE TO EXPORT THOSE MEGAWATTS. ON WATER. A LITTLE ANIMATION ON THE SIDE. SO WHAT IS A CLOSED LOOP SYSTEM? SO I THINK, YOU
[50:07] KNOW, THE INDUSTRY HASN'T REALLY DONE THEMSELVES ANY FAVORS, IF I'M BEING HONEST ON THIS. GOING BACK TO THE THE EARLY DEVELOPMENTS, A LOT OF THEM USED EVAPORATIVE COOLING. SO ON THE TOP RIGHT IMAGE THERE, THAT'S 6000 GALLONS PER ACRE PER DAY IS THE AVERAGE USE OF AN EVAPORATIVE COOLING DATA CENTER. SO THINK OF IT AS LIKE YOU'RE CONSTANTLY THROWING WATER ON A HOT CAST IRON PAN OVER AND OVER AND OVER AND OVER AND OVER AGAIN. RIGHT. OUR A CLOSED LOOP IS YOU CHARGE IT ONCE IT SEALS OFF LIKE A, YOU KNOW, A FIRE SUPPRESSION SYSTEM. AND THEN THAT IS RUN THROUGH A RADIATOR CONSISTENTLY. AND THEN, YOU KNOW, THAT'S HOW THE, THE, THE, THE, THE HOT WATER THEN GETS COOLED. AND THEN THAT COOLED WATER IS THEN SENT BACK TO THE DATA HALL. SO ON OUR, ON A PER ACRE PER DAY BASIS, OUR DEVELOPMENT WILL USE ABOUT 500 GALLONS AS COMPARED TO OBVIOUSLY EVAPORATIVE COOLING TECHNOLOGY. THAT'S MUCH BETTER. AND THEN, YOU KNOW, SPORTS TURF OR GOLF COURSES OR IRRIGATED FARM, WE WOULD COME IN WAY UNDER. AND THEN THAT SAME ACREAGE, IF YOU'RE GOING TO PUT, YOU KNOW, SINGLE FAMILY, SINGLE FAMILY HOMES ON IT, YOU COULD PUT NEARLY 1600 HOMES. WE WOULD BE COMING IN FAR UNDER THAT, UNDER THOSE THOSE COMPARABLES ON SOUND, WE ALREADY HIT THAT, YOU KNOW, JUST TO KIND OF PUT WHAT, WHAT DOES 60DB MEAN? BECAUSE THE WORD DECIBEL, YOU KNOW, IS A, IS A TERM THAT NOT EVERYONE USES EVERY DAY, BUT, YOU KNOW, LEAF BLOWERS AT 90DB, A LAWN MOWERS AT 85, YOUR ORDINANCE IS AT 75. OUR CONVERSATION RIGHT NOW IS AT ABOUT 60DB. SO WE WANT TO, YOU KNOW, ESSENTIALLY DELIVER THAT LEVEL OF LEVEL OF SOUND AT OUR PROPERTY LINE. SO THINKING THROUGH KIND OF ALL THE THINGS THAT, YOU KNOW, YOU SEE IN THE NEWS, AND I'M SURE THERE ARE ITEMS THAT THE PUBLIC WOULD WOULD HAVE A LOT OF INTRIGUE AND QUESTIONS AROUND OR OBVIOUSLY ELECTRIC BILLS, I THINK ARE BEHIND THE METER SET UP SOLVES THAT, THAT QUESTION GREATLY. OUR WATER USE THAT IS IN THE PD. WE CANNOT WE HAVE TO USE A CLOSED LOOP SYSTEM. WE CANNOT USE MORE THAN THE WATER THAT IS CURRENTLY IN THE PD. SAME WITH NOISE WITH AGGRESSIVE SETBACKS THAT WERE HAPPY TO PROVIDE. WE'RE NOT ASKING FOR ANY ABATEMENT FROM THE CITY. YOU KNOW WE WANT TO COME IN AND PAY OUR PAY OUR WAY. OBVIOUSLY ENHANCED APPEARANCE IS ALSO IN THE PD TRAFFIC PLAN. AND THEN, YOU KNOW, ALL THIS RUNS WITH THE LAND, WHETHER IT'S ME OR SOMEONE AFTER ME OR ANYONE ELSE. THIS WILL BE THE THE RESTRICTIONS ON THAT LAND. ONCE THIS IS RATIFIED. THAT CONCLUDES MY PRESENTATION. ALL RIGHT. THANK YOU VERY MUCH. APPRECIATE THE TIME. JUST I HAVE ONE REAL QUICK QUESTION FOR YOU, AND THEN I'LL KICK IT OVER TO THE COUNCIL. I WANT TO TALK BRIEFLY ABOUT THE ROAD. THAT ROAD WILL CONNECT. 875 ALL THE WAY TO WHAT WAS IT, BROOK V JOE JONES. AND YOU GUYS ARE GOING TO CONSTRUCT THAT IN ITS ENTIRETY. YES. AND THAT'S PHASE ONE. OR IS THAT PHASE LATER CORRECT. AND THAT'S A TWO LANE ROAD. NO, IT'S A 150 FOOT RIGHT OF WAY. SO IT COULD BE UP TO SIX LANES. OKAY. OUR PORTION THAT'S ON OUR PROPERTY WILL BE BUILT A PART OF THE INITIAL PHASES AND PHASE ONE, RIGHT? THE DOTTED PORTIONS. NOT BEING ON OUR PROPERTY, WE WILL WORK WITH CITY TO FACILITATE AN ESCROW AGREEMENT OR THE MONEY TO CONSTRUCT THAT, OR WE WILL CONSTRUCT IT OURSELVES. OKAY. OKAY, GREAT. COUNCIL. I'M SURE THERE'S LOTS OF QUESTIONS. MARK. MARK. MY QUESTIONS ARE FOR STAFF. SO IF COUNCIL HAS QUESTIONS FOR THEM, I. YOU GUYS JUST STAY CLOSE. YEAH. WE'LL JUST BOUNCE BACK AND FORTH BETWEEN THE TWO. SO GOING GOING THROUGH THE ACTUAL ORDINANCE. I JUST HAD A COUPLE QUESTIONS. SO LIKE WHEN YOU GO OVER TO LANDSCAPING STANDARDS, IT'S, IT'S VERY CLEAR, LIKE LANDSCAPING SHALL BE INSTALLED AND IN ACCORDANCE TO THE LANDSCAPING PLAN AS SET FORTH IN EXHIBIT D PERIOD. EXHIBIT D IS THE STANDARD FOR THE LANDSCAPE PLAN. BUT WHEN YOU GO OVER TO THE ARCHITECTURAL. I CAN'T REMEMBER IF IT'S THE BUILDING ENVELOPE OR THE ARCHITECTURAL. LET ME GO BACK. OH, IT SAYS UNDER SECTION D SUBSECTION FOR ARCHITECTURAL DESIGN, THE EXTERIOR OF THE STRUCTURE OF THE DATA CENTER USE CONSTRUCTED ON THE PROPERTY SHALL BE DESIGNED AND CONSTRUCTION TO APPEAR GENUINELY, GENUINELY, AS SHOWN IN EXHIBIT C. SO I GUESS I'M CONFUSED BECAUSE IN LANDSCAPE IT'S CLEAR CUT. THIS IS WHAT IT'S GOING TO LOOK LIKE. AND THEN WHEN YOU GET OVER HERE, IT SAYS, WELL, THIS IS WHAT IT'S GOING TO KIND OF LOOK LIKE. SO I GUESS WHY IS THAT IN THERE? INSTEAD OF JUST SAYING IT'S GOING TO LOOK LIKE EXHIBIT C, I THINK BECAUSE GENERALLY, I MEAN,
[55:01] NUMBER ONE, WE CAN'T CONTROL MATERIALS NUMBER ONE. SO WE'VE GOT THE KIND OF THE ELEVATION AND EVERYTHING LIKE THAT. SO CITY CAN'T CONTROL MATERIALS WITHIN THROUGH THIS PROCESS. LET ME GET TO THAT. SO I THINK THAT'S A BIG PART OF IT. AND IT'S I THINK ALSO ONCE THEY ACTUALLY GET THE ARCHITECTURAL DRAWINGS, THERE'S A LOT TO THE BUILDING THAT COULD CHANGE. YOU KNOW, THEY'LL HAVE THESE FEATURES, SIZE, SCALE, THOSE TYPE OF THINGS COULD CHANGE SLIGHTLY. BUT THE LANDSCAPING IS IT'S EASY TO KNOW WHERE TREES GOING 30 FOOT ON CENTER, THINGS LIKE THAT. SO DOES THAT ANSWER YOUR QUESTION OR I CAN I THINK SO, BUT LIKE, I GUESS, AND I AND I'M NOT TRYING TO MAKE IT COMPLICATED AND I DON'T KNOW IF JOE HAS ANY ANSWERS, BUT FOR EXAMPLE, UNLESS THERE'S SOMETHING I DON'T KNOW, THAT IS GOING TO BE THE ARCHITECTURAL ARTICULATION OF THAT BUILDING. YES, SIR. PERIOD DIVIDED OR WITHOUT WHATEVER MATERIAL THEY'RE GOING TO BUILD THAT OUT OF. SO WE WE DO KNOW THE ARCHITECTURAL FEATURES OF THE BUILDING, LIKE. AND SO I DON'T KNOW, I DON'T THINK THEY'VE BEEN DESIGNED, BUT THEY'VE BEEN RENDERED, WHICH A LITTLE TWO DIFFERENT PROCESSES. YEAH. I JUST WANT TO MAKE SURE WE'RE COVERED BECAUSE WE GET SHOWN PRETTY PICTURES ALL THE TIME THAT DON'T ACTUALLY END UP BEING WHAT THE PRETTY PICTURES SHOWED. SO I DON'T KNOW WHAT THE, YOU KNOW, FROM THE LEGAL PERSPECTIVE, WHAT THAT NEEDS TO DO. I'M JUST TRYING TO MAKE SURE WE'RE COVERED THAT THAT EXHIBIT C FOR IS GOING TO BE EXHIBIT C. YEAH. BUT COUNCILMAN, I THINK THAT THAT IS THE THE SAME LANGUAGE YOU'RE GOING TO FIND IN THE HOME DEPOT THAT WE JUST APPROVED THE LOWE'S WHEN WE APPROVED IT, THE. YOU LOOK AT THE SITE PLAN AND ELEVATIONS FOR THE TARGET. IT HAS THAT SAME KIND OF LANGUAGE. I THINK ESPECIALLY ON THE COMMERCIAL SIDE, IT'S BECAUSE THEY HAVE NOT BEEN FULLY ENGINEERED YET. SO, YOU KNOW, IT'S, YOU KNOW, THAT KICK OUT THAT WE'RE LOOKING AT ON THE SCREEN RIGHT NOW, YOU KNOW, PERHAPS ISN'T FEASIBLE. ENGINEERING HAS TO MOVE THREE FEET TO THE LEFT. WELL, NOW IT'S NOT AN EXACT CONFORMANCE ANYMORE. AND SO, I MEAN, I, I DON'T HAVE A SPECIAL KIND OF FEAR RELATED TO THAT BECAUSE THAT'S, I THINK WHEN WE READ THROUGH A LOT OF THESE, THAT'S WHAT'S IN MOST OF OUR COMMERCIAL PD AND THAT'S WHAT I WAS HONESTLY TRYING TO SIT HERE AND REMEMBER, BECAUSE I DON'T HAVE THE PERFECT MEMORY OF WHAT'S THE STANDARD LANGUAGE, BECAUSE I ALWAYS THOUGHT I'D JUST CALLED OUT EXHIBIT A, B, C, D, WHATEVER THAT EXHIBIT IS. BUT IF BUT NOT STANDARD LANGUAGE, I THINK, I MEAN, THE MAJORITY OF OUR PD S REFERENCE RENDERINGS RATHER THAN ARCHITECTURAL DRAWINGS. AND I THINK AS TO COUNCILMAN WEAVER'S POINT, THIS ARE YOU'RE GOING TO LOOK AT THIS, BUT THE ARTICULATION MIGHT SHIFT A LITTLE BIT BASED ON WHERE THE OFFICE SPACE IS OR THOSE TYPE OF THINGS. SO I'M THINKING THAT'S PROBABLY WHY. BUT JOE AND ANGELA AND STAFF ARE COUNSEL ON THIS. I MEAN, SO IF THEY DID BRING BACK SOMETHING THAT DID NOT HAVE THE MATERIAL AMOUNT OF GLASS FACADE THAT WE'RE LOOKING AT ON THIS SCREEN RIGHT NOW, THAT WOULD NO LONGER GENERALLY CONFORM TO THE APPROVED RENDERINGS IF IT DID NOT HAVE THE THE WINDOWS THAT ARE INSET IN THE UPPER PORTION OF THE BUILDING AND THAT THAT MASONRY FACADE WALL, IT WOULD IF IT WAS JUST SOLID CONCRETE THAT WOULD COME BACK, GENERALLY CONFORM, AND WE'D HAVE TO APPROVE OR AMEND THAT EXHIBIT. YES, SIR. OKAY. SO NOW SINCE WE'RE PICKING ON STAFF HERE WITH THIS AS WELL, KIND OF KIND OF GOES ON WHAT THEY'RE SAYING. SO YOU HAVE ON SECTION F, IT'S LIKE A MINOR MODIFICATION, THE DRC 10%, YOU KNOW, THIS SIZE OF SCALE. I MEAN, THAT COULD THEORETICALLY BE SEVERAL HUNDRED THOUSAND ACRES. SO IT COULD BE, I GUESS IT'S KIND OF A SIMILAR THING. SO AS WE'RE LOOKING AT THESE, YOU KNOW, WHETHER OR NOT IT C EXHIBITS OR WHATEVER, LIKE, YOU KNOW, WHEN DO Y'ALL REALIZE THAT IT'S SIGNIFICANT ENOUGH THAT IT'S GOT TO GO THROUGH PNC AND GO THROUGH COUNCIL? WELL, AND I THINK TO THAT POINT, I THINK YOU'RE REALLY LOOKING AT THE FOOTPRINT OF THE BUILDINGS WHEN THOSE FLEX OR SHRINK OR QUANTITY OF LANDSCAPING, THOSE THINGS THAT YOU CAN REALLY QUANTIFY TO 10%. THOSE ARE THE THINGS THAT KICK THAT IN TO THE OTHER COUNCIL'S POINT. IF THIS COMES BACK AS JUST A PRECAST BUILDING WITH NO GLAZING OR ANYTHING LIKE THAT, WE'RE BRINGING THAT BACK. OR IF WE JUST HAVE GLAZING AT THE CORNERS, THOSE ARE THINGS THAT DRC LOOKS AT AND LOOKS AT THE CURRENT ORDINANCE AND SAYS, I'M NOT GOING TO APPROVE THAT WITHOUT COUNCIL'S BLESSING. SO THE THINGS THAT YOU CAN QUANTIFY 10%, IT'S EASY TO DO THE THINGS THAT YOU CAN'T QUANTIFY. IT'S DRC IS COMFORT LEVEL. AND I THINK WE'RE A LITTLE MORE GUN SHY THAN ANYTHING. SO WE'RE GOING TO BRING SOMETHING BACK IF IT'S NOT GOING TO. OKAY. AT LEAST THAT'S WHAT I'VE DONE OVER THE PAST SEVERAL YEARS. YOU'RE FINE. WELL, ON THAT SAME PAGE UNDER SECTION D, WHICH IS SUBSECTION ONE, WHICH IS THE BUILDING ENVELOPE. SO I JUST WANT TO BE, I GUESS, CLEAR AND TRANSPARENT. SO ALL BUILDINGS. WELL, WHAT I THOUGHT I HEARD WAS ALL
[1:00:05] BUILDINGS ON THIS DEVELOPMENT ARE GOING TO BE UNDER 100FT, BUT SECTION B SAYS BUILDINGS AND STRUCTURES THAT ARE NOT DESCRIBED IN A. WELL, THE ONLY THING THAT'S DESCRIBED IN A IS THE DATA CENTER ITSELF, SO I. NOT THAT THEY'RE GOING TO BUILD A 200 FOOT GUARD SHACK, BUT I DON'T KNOW WHAT THE SIZE OF THE POWER UNLESS I MISSED THAT THE POWER FACILITIES. THOSE ARE GOING TO BE 45. YEAH, BUT BUT I MEAN, I WOULD THINK THAT COULD BE AN AMENDMENT THAT WE WOULD COULD PUT IN THE PD SAYING THAT NO STRUCTURES SHALL BE HIGHER THAN 75 AND OR 100FT. YEAH. I'M FINE WITH, YOU KNOW, NO HIGHER THAN 100FT. I JUST BECAUSE I BELIEVE HEAVY INDUSTRIAL CAN GO TO THREE. THERE'S NO LIMIT. OH THERE'S NO, NO. WELL YEAH, I DEFINITELY DON'T LIKE THAT. SO YEAH, I JUST AGAIN, I JUST ON SECTION B, I JUST DIDN'T KNOW IF THERE WAS SOME INTENDED USE THAT I WASN'T AWARE OF THAT THERE'LL BE WE HAVE TO LIMIT YOU WANT TO LIMIT B TO 100 NOT TO WHAT IS ALLOWED WITHIN HEAVY INDUSTRIAL. YES. YES, DEFINITELY. AND THEN MY MY LAST QUESTION AND I'LL STOP IS SAME SECTION SECTION D, SUBSECTION FIVE. SO ON THE SETBACKS, IT TALKS ABOUT HOW IT TALKS ABOUT NOISE AND VISIBILITY MITIGATION MEASURES. YES, SIR. THEN YOU GO ON LATER INTO ON SUBSECTION 11. I DON'T KNOW IF IT'S ANYWAYS, WHEN YOU THEN IT TALKS ABOUT THE DECIBEL LEVEL. SO I GUESS I'M JUST CONFUSED ON. WELL, ONE NEITHER THE SECTION ON SECTION 11 TALKS ABOUT THE 60DB. BUT THEN WHEN YOU HOP BACK OVER TO SETBACKS, IT JUST SAYS BETWEEN THE DATA CENTER STRUCTURES, STRUCTURE OR STRUCTURES AND RESIDENTIAL PROPERTIES IN ACCORDANCE TO THE FOLLOWING. AND THEN I GUESS IT GOES ON TWO PAGES OR THREE PAGES LATER TO TALK ABOUT THE 60DB. I GUESS MY QUESTION IS THAT I'M TRYING TO FIND OUT IS WHICH ONE. WHICH ONE OVERRULES WHICH, I GUESS, OR ARE THEY BOTH ONE IN THE SAME? AND WHY UNDER THE SETBACK, WHEN IT TALKS ABOUT NOISE AND VISIBILITY MITIGATION, WOULD IT NOT REFERENCE THE SECTION 11? I THINK SUBSECTION 11 WHERE IT ACTUALLY TALKS ABOUT WHERE IT SETS THE DECIBEL LEVEL? I THINK WE'RE JUST PUTTING IN PERFORMANCE STANDARDS IN ONE SECTION, AND THEN WE ACTUALLY DEFINE THAT PERFORMANCE STANDARD FOR THE NOISE IN THE OTHER SECTION, SAYING THAT PROPERTY LINES, ALL PROPERTY LINES, THE DECIBELS WILL NOT BE GREATER THAN 60. OKAY. I THINK THAT THE THE PART I WAS CONFUSED ABOUT IS IT IN FIVE? IT JUST SAYS IN BETWEEN THE DATA CENTER AND RESIDENTIAL PROPERTIES, WHICH I GUESS IN BETWEEN IS THE PROPERTY LINE. YES, SIR. YES. AND THEN LATER ON IT TALKS ABOUT THE DECIBEL LEVELS. AND FIVE IS REALLY JUST TALKING ABOUT SETBACKS, NOT THE NOISE, NOISE MITIGATION. YEAH. AND I READ THE THE PREAMBLE UNDER FIVE TO KIND OF SCOPE WHY WE'RE PUTTING THESE AGGRESSIVE SETBACKS IN, RIGHT. YOU KNOW, AT 125, 250FT, DEPENDING ON. AND IT'S, YOU KNOW, BECAUSE. AND SO I THINK IT HELPS TO SCOPE, IN MY OPINION, THE SPIRIT OF THE REGULATION UNDER FIVE BEFORE WE GET INTO THE STRICT LETTER OF THE REGULATION. AND THEN, YOU KNOW. 11 GIVES US MUCH, YOU KNOW, MEASURABLE AND ENFORCEABLE, YOU KNOW, AT THE PROPERTY LINE, HERE ARE THE EXPECTATIONS. SO BUT I THINK FIVE CREATES THE ENVIRONMENT IN WHICH 11 SHOULD BE ATTAINABLE. OKAY. MY QUESTION IS MORE GEARED TO THE APPLICANT. SO OBVIOUSLY GOVERNOR ABBOTT HAS RECENTLY PUT A LOT OF NEW STANDARDS, SAFEGUARDS IN PLACE FOR DATA CENTERS RELATED TO ELECTRIC GRID WATER USE, INFRASTRUCTURE IMPACTS TO SURROUNDING COMMUNITIES. SO CAN YOU TELL US WHAT WE'RE REVIEWING TONIGHT HAS BEEN STRUCTURED TO MEET THOSE STANDARDS 100%, RIGHT. I THINK, YOU KNOW, WE WANT TO BE A GOOD NEIGHBOR AND COME IN HERE AND TALK THROUGH THIS. I THINK SOUND IS A BIG ISSUE WITH HIM. I THINK WE WANT TO PUT THAT IN THE PD. SETBACKS, RIGHT. DOING IT IN THE RIGHT PART OF TOWN FROM A LAND USE. I THINK A LOT OF PEOPLE WHO ARE HAVING ISSUES THAT THEY'RE TRYING TO PUT THIS RIGHT NEXT TO A, YOU KNOW, A RESIDENTIAL NEIGHBORHOOD. RIGHT. AND SO I THINK THAT'S ONE. AND THEN THE POWER, THE POWER THING IS A BIG THING, RIGHT? I THINK, YOU KNOW, THESE BIG TECH COMPANIES, YOU KNOW, HAVE A BIG OPPORTUNITY TO BUILD THESE TYPE OF DEVELOPMENTS HERE IN TEXAS, RIGHT? AND THEY SHOULD PAY THEIR OWN WAY, RIGHT? SO IF THEY IF THEY WANT TO BUILD A DATA CENTER HERE, THEY NEED TO FIGURE OUT HOW TO, TO NOT BE JUST A SUCKER OFF THE GRID. RIGHT. AND I THINK SO I THINK FROM EVERY, EVERY, EVERY ANNOUNCEMENT HE'S MADE, WHICH I KNOW THERE'S SEEMS TO BE ONE EVERY OTHER WEEK, THIS, THIS,
[1:05:03] THIS, THIS PROJECT COMPLIES WITH ALL OF THEM. LEADING ON TO MY NEXT QUESTION, BECAUSE THERE WERE SOME ANNOUNCEMENTS YESTERDAY AS WELL. RIGHT. AND SO OBVIOUSLY THAT CAME FROM THE GOVERNOR'S OFFICE, YOU KNOW, INCLUDING DIRECTING EQ TO HALT PERMITS WHILE THE ERCOT AUDIT IS COMPLETE. YEAH. CAN YOU WALK US THROUGH HOW THAT ANNOUNCEMENT AFFECTS THIS PARTICULAR PROJECT AND WHETHER OR NOT ANYTHING WE'RE CONSIDERING TONIGHT IS IMPACTED BY THAT DIRECTIVE? NO, SIR. NOTHING. NOTHING ON THIS PROJECT IMPACTED HIS HIS MAIN. HIS MAIN GOAL WITH THAT IS TO TRY TO SLOW DOWN THESE THESE GROUPS THAT ARE DOING ALL ALL THIS DEVELOPMENT AND UNINCORPORATED LAND, RIGHT. SO, YOU KNOW, WE HAVE PERMITS ALREADY FROM THE TC FOR THIS SITE THAT ARE SIGNED, SEALED, DELIVERED BY TC. IT'S BEEN THROUGH FULL ENGINEERING AND WE GOT A SITE DETERMINATION HAS BEEN FULL, FULL LEGAL. SO IT'S BEEN THROUGH THE WHOLE KIT AND CABOODLE THERE. SO NO PERMITS OR APPROVALS ON HOLD AT THIS POINT. NO, NOT FOR THIS. YEAH. OKAY. JUST SOME OTHER LITTLE ONE THING. ONE THING. OH YEAH. GO AHEAD PLEASE. YEAH. THE TC DIRECTIVE FROM THIS WEEK WAS ALSO FOR DATA CENTERS TAKING POWER OFF THE GRID, WHICH THIS DOES NOT. OKAY. THANK YOU FOR THAT CLARIFICATION. NO. AND JUST KIND OF LOOKING MORE OR LESS AT THE SOME OF THE INFRASTRUCTURE THAT YOU'RE PROPOSING, ADDING THE BROOKHOLLOW DRIVE RAILROAD CROSSING. I DIDN'T SEE THAT, YOU KNOW, SPECIFICALLY NOTED. WHO IS RESPONSIBLE FOR THOSE IMPROVEMENTS? IS THERE Y'ALL ARE OKAY. WE'VE MET WITH THE ELLIS COUNTY RURAL RAIL AUTHORITY, AND WE'LL WORK WITH THEM TO MAKE THAT COME TO CODE AND ALSO WORK WITH CITY ENGINEERING TO GET THAT DONE. GOTCHA. WE MET WITH THEM ON THE 14TH, I THINK, AND THAT'S A REQUIREMENT FOR OUR SITE PLAN APPROVAL. SURE. AND I LIVE OVER IN THIS QUARTER, SO I DRIVE THIS STRETCH QUITE A BIT. AND SO OBVIOUSLY I KNOW WHAT WE'RE DISCUSSING IS, I GUESS MORE OR LESS FROM THE STANDPOINT, BUT I GUESS THE VISIBILITY COMING FROM 875 AND VENUS, DO YOU MIND JUST KIND OF NATURALLY OR JUST KIND OF TALKING A LITTLE BIT ABOUT WHAT RESIDENTS THAT LIVE IN THAT AREA MIGHT BE ANTICIPATING, SEEING IF THEY'RE COMING UP THAT STRETCH? YEAH. SO I MEAN, COMING FROM, I GUESS I'LL BE COMING FROM I'M GOING DIRECTIONALLY CHALLENGED HERE. SO FROM VENUS, IS THAT SOUTH? I GUESS IT'S IT'S ALMOST A FULL MILE AWAY. OKAY. SO IT'S GOING TO BE QUITE ON THE HORIZON. IT'S ABOUT EQUAL DISTANCE FROM HIGHWAY 67. AND SO WE IT'S PROBABLY OVER A MILE. OUR HEIGHT WILL BE LOWER THAN THE EXISTING FACILITIES BEHIND IT. SO THEY WILL SEE THOSE OVER OUR BUILDINGS. AND SO ALONG THE HORIZON, IT WILL BE THERE, BUT NOT IT WILL NOT BE A LARGER PRESENCE THAN WHAT IS THERE TODAY. GOTCHA. YEAH. I THINK THE SIZE OF THE SITE IS KIND OF HARD TO IT LOOKS LIKE THE FM 75 IS UP LIKE CLOSER THAN IT REALLY IS JUST GIVEN HOW LARGE IT IS. YEAH, YEAH. NO, I RUN ON THE WATERWORKS ROAD. SO THAT LITTLE GUY LOOKING OVER THE, THE SUNSET WAS PROBABLY ME AND YOUR RENDERINGS. SO YEAH. THANK YOU. NO, NO. AND HEY, WE TOTALLY GET IT. LIKE WE WANT TO, YOU KNOW, WE UNDERSTAND, YOU KNOW, A COUPLE MILES AWAY, THERE'S NEIGHBORHOOD THERE. AND, YOU KNOW, WE, WE DON'T WANT TO BE SOMETHING THAT'S UNSIGHTLY OR SOMETHING THAT, YOU KNOW, PEOPLE ARE UP IN ARMS ABOUT. YEAH. THE BIGGEST QUESTIONS I ALWAYS GET ARE OBVIOUSLY THE, THE GRID, THE WATER NOISE HEIGHT, THOSE KIND OF THINGS. BUT I WANT TO CIRCLE BACK TO THE DECIBEL THAT IS AT AT PROPERTY LINE 60. YES, SIR. OKAY. WHAT IS IT? IF YOU'RE INSIDE AND I MEAN, DO YOU HAVE ANY KIND OF ESTIMATES. HOW, WHAT KIND OF NOISE WE'RE TALKING ABOUT. OBVIOUSLY, THE VESSELS ARE GOING TO DECREASE AS IT COMES TO THAT BIG OF A THAT BIG OF A BACK, YOU KNOW, STAGE AND HOW HOW LOUD IS IT? OR HOW WHAT'S WHAT'S THE DECIBELS THAT WHEN YOU'RE UP CLOSER TO THEM? YEAH. GOOD QUESTION. SO GOING ON WITH COUNCILMAN WEAVER WAS SAYING ABOUT SAYING EARLIER ABOUT THE SETBACKS, RIGHT. WE WE'RE I THINK WE'RE COMFORTABLE WITH THE SETBACKS BECAUSE WE WANT TO KEEP ALL THE, YOU KNOW, MATERIAL DECIBEL EMITTING BUILDINGS IS INTERNAL AS HUMANLY POSSIBLE, USE THE LAND TO OUR ADVANTAGE. THEY YOU KNOW, THERE'S A LOT OF THESE. GROUPS EARLY ON WHO PUT ENGINES LIKE THIS IN LIKE CORRUGATED STEEL BUILDINGS THAT ARE LIKE, YOU KNOW, YOU KNOW, LOUD. SO HOW THIS BUILDING WILL BE TILT WALL CONCRETE WITH A ROOF, IT WILL HAVE NOISE ATTENUATION IN IT. SO WE THINK IF YOU'RE STANDING OUTSIDE THAT BUILDING, IT WILL PROBABLY BE CLOSE TO 75DB. SO WE'RE NOT SAYING LIKE, HEY, INTERNAL, THIS THING IS GOING TO BE 150DB, RIGHT? IT'LL, IT'LL BE A TWO. YOU'RE NOT, YOU'RE NOT HAVING LIKE 150. AND HOPEFULLY IT DIES DOWN BY THE TIME IT GETS TO BE A TWO DIGIT NUMBER EVERYWHERE INTERNALLY, RIGHT? JUST, YOU KNOW, YEAH, IT IS, IT DOESN'T APPEAR TO ME AND I MAY BE WRONG, BUT IT DOESN'T APPEAR TO ME, EVEN WHEN YOU'RE WORKING AROUND IT, EVERYBODY'S GOING TO BE HAVING TO WEAR THE
[1:10:02] HEADSETS OR ANYTHING LIKE THAT. YEAH. ESPECIALLY KIND OF INSIDE THAT BUILDING CONTAINED IN THIS AND MEETING ALL THE EVEN BELOW A LOT OF THE REQUIREMENTS THAT WE HAVE. YOU'LL SEE ON THE BUILDING RENDERINGS, THIS ONE IN THE BOTTOM RIGHT CORNER, IT DOESN'T HAVE A LOT OF WINDOWS ON IT. AND THAT IS FOR THE PURPOSE OF SOUND ATTENUATION TO KEEP IT INSIDE. AND THEN YOU'LL SEE WE'VE GOT A SCREENING WALL OUTSIDE THAT'S SOLID MASONRY TO FURTHER EVERYTHING THAT'S IN THIS CORRIDOR. AND KIND OF WHEN WE'RE WORKING WITH THE ARCHITECT, OUR GOAL IS TO KIND OF DRAW THE EYE TO THE GLASSY DATA CENTER HALL AND MAKE THE DATA, THE GENERATION BUILDING KIND OF DISAPPEAR A LITTLE BIT. AND THAT HELPS WITH THE ATTENUATION OF HAVING AS MUCH GLASS AND STUFF. ANNA. YEAH, BOTH PRESENTATIONS ARE VERY THOROUGH. SO I HAD A LIST OF QUESTIONS AND WE ALL KEPT TICKING THEM OFF. SO, SO MY REALLY, MY ONLY QUESTION ON ENTRANCE NUMBER TWO OFF OF THAT STRIP THAT COMES OUT, ARE YOU BUYING THAT PROPERTY OR IS IT AN EASEMENT WE'RE BUYING? WE'RE BUYING ALL THOSE HOMES, WHICH I SAY ALL THOSE HOMES, THERE'S LIKE A COUPLE OF HOUSES THERE. THEY'RE THEY'RE NOT STAYING THERE. SO THE RESIDENTS ON THIS PROPERTY, IT'S 30 ACRES. IT'S ROUGHLY A HALF A MILE LONG. THERE'S TWO RENTERS ON THERE NOW. THEY THEY'RE GOING TO MOVE OFF. THEY'VE GOT TO MOVE OUT TIMEFRAME ONCE THERE. AND THAT'LL BE OUR PRIMARY CONSTRUCTION PARKING TO GET IT OFF, OFF PROPERTY OR OFF ANY OF THE MAJOR THOROUGHFARES. AND THEN THAT WILL BE PAVED AND LANDSCAPED AND MAINTAINED. OKAY. THE GATE WILL BE AT THE PROPERTY LINE NEAREST THAT THAT DATA CENTER. OKAY. THAT'S ALL I HAVE. THANK YOU. RICHARD. HOW MANY LEVELS WILL YOU HAVE FOR SERVERS? SO THERE'LL BE THESE THESE BUILDINGS WILL BE TWO STORY, TWO STORY I KNOW TWO. SO YOU HAVE TWO LEVELS. YES, SIR. 400FT. OKAY. YEAH. AND THE SERVERS AND TYPE OF DATA CENTERS WILL BE DICTATED BY YOUR CUSTOMERS AND NOT Y'ALL. SO YEAH, DEPENDING ON THE USER, WHICH WE'RE, YOU KNOW, TALKING TO, TO, THEY'RE VERY INTERESTED. THEY'RE PROBABLY WATCHING US LIVE RIGHT NOW. YEAH. BUT YOU KNOW, SOME USE NVIDIA. THERE'S CEREBRUS. RIGHT? SO THEY, THEY ALL HAVE KIND OF, YOU KNOW, SPECIFIC SUPPLY CHAINS ON TPUS OR GPUS, RIGHT? SO THAT RACK AND STACK INTERNAL TO THESE BUILDINGS HAVE A LITTLE BIT OF A FLAVOR OF ICE CREAM, IF YOU WILL, COUNCILMAN MARINO, BUT YOU KNOW, HOLISTICALLY, THEY'LL PROBABLY BE SIMILAR. SO FOR STAFF AND LEGAL, DO WE HAVE ANY SAY ON THE TYPE OF DATA CENTERS IT IS? OR IS THAT PURELY THE MARKET? I THINK THESE ARE HYPERSCALERS. SO NOT NECESSARILY BITCOIN MINING. THAT'S THAT'S NOT INCLUDED IN THIS. AND SO THOSE THINGS THAT TAKE A LOT OF THE INTENSITY, THOSE TYPE OF THINGS, THOSE AREN'T ALLOWED. THESE ARE JUST KIND OF YOUR HYPER HYPERSCALE DATA CENTERS. THEY'RE NOT ALLOWED BY THE THE BY THE PD. OKAY. YES, SIR. THANK YOU. ANYBODY HAVE ANY OTHER QUESTIONS OR COMMENTS? CLERK LAST, LAST QUESTION. AND I ASKED THIS THE LAST TIME THERE WAS A POSSIBLE NOISE POLLUTION USER. AND I JUST AGAIN, SO LET'S SAY IT'S 75 AT THE PROPERTY LINE. WE JUST SEND NOTICE IT'S A ZONING VIOLATION. IT'S A $2,000 DAY. FINE. YES, SIR. BUT WE'VE GOT THE JUDGE AGREED TO. OH YEAH. THE JUDGE. JUDGE. YES, SIR. OKAY. YEAH. ALL RIGHT, ALL RIGHT. IS THERE ANY MOTIONS TO MAKE? I'LL MAKE A MOTION TO APPROVE. 100 FOOT MODIFICATION TO ALL BUILDING HEIGHTS AS THE MAXIMUM SECTION. SECTION 2D1B, THAT ONE. OKAY. MOTION MADE. TO APPROVE WITH THE STIPULATION. SECTION 2DD1B BUILDING HEIGHT MAX OF 100 FOOT ON ALL BUILDINGS. IS THERE A SECOND? I'LL SECOND. SECONDED BY MOTION. MOTION MADE BY COUNCILMAN WEAVER, SECONDED BY COUNCILMAN CHESHIRE. PLEASE VOTE. ITEM PASSES 7 TO 0. THANK YOU GENTLEMEN. THANK YOU. CLYDE. AND THERE'S MORE. MOVING ON TO OUR REGULAR AGENDA ITEM 2026 327 CONSIDER AN ACT UPON AN. UPON AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIDLOTHIAN AND DIGITAL RANCH, LLC. CLYDE. THANK YOU, MAYOR COUNCIL, I APOLOGIZE, BUT THERE IS A COPY OF THE DEVELOPMENT AGREEMENT IN FRONT OF YOU THAT IS REDLINED. WE'VE BEEN GOING THROUGH THIS FOR THE PAST COUPLE MONTHS AND THERE'S A LOT TO IT. BUT I WILL HIT A HIGH, HIGH LEVEL ON THIS. SO THESE ARE THE DEVELOPMENT
[1:15:06] AGREEMENT HIGHLIGHTS. THIS IS THE PARTIES ARE THE CITY OF MIDLOTHIAN AND DIGITAL RANCH. LLLLLC FUTURE JOINDER OF THE MUNICIPAL MANAGEMENT DISTRICT. NUMBER FOUR AND END USERS. AND THIS IS TO ENABLE ADVANCED TECHNOLOGY, CAMPUS DEVELOPMENT AND THE PUBLIC INFRASTRUCTURE TO SUPPORT IT. SO THIS IS GOING TO TAKE US A LITTLE BIT FURTHER. SO WHAT WE JUST LOOKED AT IT. CAN EVERYBODY SEE MY CURSOR HERE. SO WHAT WE JUST LOOKED AT WAS HERE NORTH PLAN NORTH. SO THESE ARE THE THREE DATA CENTERS THREE POINT 9,000,000 SQUARE FOOT. THAT'S EVERYTHING THAT WE JUST LOOKED AT WITHIN THAT PD. WHAT WE'RE TALKING ABOUT THIS ADDS YOU KNOW THE IN TOTAL THIS IS 873 ACRES. SO WE JUST FOUND WHAT WE JUST HEARD WAS 400 ACRES, A LITTLE LESS THAN 400 ACRES. THIS ENCOMPASSES 873 ACRES. NOW, PLEASE REALIZE THAT BELOW THESE TWO DATA CENTERS, THIS IS UNINCORPORATED LAND. SO THIS IS NOT WITHIN THE CITY LIMITS AT THIS TIME. SO THIS DEVELOPMENT AGREEMENT ENCOMPASSES THE ENTIRE 873 ACRES. SO AND THIS IS THE CONCEPT PLAN. NOW THIS THIS DEVELOPMENT AGREEMENT REFERENCES THE PLAN DEVELOPMENT THAT WAS JUST APPROVED. SO EVERYTHING THAT IS DESIGNED HERE WILL BE IN ALIGNMENT WITH THAT PD. NOW AS THESE PARCELS ARE TAKEN DOWN THEY WILL REQUEST ANNEXATION AND THEY WILL HAVE TO GO THROUGH THE SAME PUBLIC HEARING PROCESS THAT WE DID ON THE PREVIOUS CASE. SO THERE WILL HAVE TO BE ADDITIONAL ZONING CHANGES AS SOON AS THESE PLACES COME INTO THE CITY. AND I DON'T KNOW HOW THEY'RE GOING TO COME INTO THE CITY ALL AT ONCE, BUT MOST LIKELY IT'LL COME IN PROBABLY PIECEMEAL. I I'M NOT SURE, BUT JUST BE PLEASE NOTE THAT WE WILL HAVE ADDITIONAL PUBLIC HEARINGS ON THIS SITE. SO WITHIN THIS DEVELOPMENT AGREEMENT, THE CITY WILL CONSENT ALSO TO CREATING A MUNICIPAL MANAGEMENT DISTRICT, NUMBER FOUR, AND THAT MUNICIPAL MANAGEMENT DISTRICT NUMBER FOUR WILL ENCOMPASS THIS ENTIRE ACREAGE AND. WE'RE ALSO WILL BE ESTABLISHING A TOURS ON THIS ENTIRE PROPERTY. NOW, ONCE AGAIN, THE TOURS WILL JUST START OFF WITH THE 395 ACRES THAT WE JUST ZONED. AS THESE PLACES COME IN, OR AS THESE PARCELS COME INTO THE CITY, THAT TOURS WILL ESSENTIALLY ANNEX THOSE PARCELS AS WELL. SO THEY'LL COME IN, THEY'LL GET THEIR ZONING, AND THEY'LL BE PART OF THE TOURS AS WELL. THE INFRASTRUCTURE IMPROVEMENTS WITHIN THIS TOURS ARE WATER, WASTEWATER, DRAINAGE ROADS. SO THOSE ARE TYPICAL TOURS, PUBLIC INFRASTRUCTURE AND THINGS LIKE THAT. BUT THEN THERE'S ALSO POWER RELATED FACILITIES WITHIN THIS TOURS. SO THIS TOURS AND I'LL GET INTO THE FRAMEWORK OF THE TOURS IN A SECOND. THIS TOURS IS ALSO GIVES THEM THE ABILITY TO PAY FOR THEIR POWER STRUCTURE AND THEIR POWER FACILITIES THAT WILL PRODUCE THE POWER FOR THIS SITE. THE WAY THE TOURS REVENUE SPLIT IS 50% OF THE TOURS, SO THEY'RE REQUESTING A 50% TOURS FROM THE CITY. SO THE TOURS ESTABLISHES A BASE VALUE. LET'S SAY IT'S $100. IF THE VALUE COMES IN THE NEXT YEAR AT $110, THAT INCREMENT THAT $10 IS THE INCREMENTAL VALUE. 50% OF THAT WILL GO TO THE DEVELOPER $5, AND THEN $5 WILL GO TO THE CITY. SO THAT'S HOW TOURS WORK. YOU ESTABLISH A BASE VALUE. IT'S CALLED TAX INCREMENT. SO IT'S THAT INCREMENT THAT IS THE ACTUAL TOURS. SO OF THAT 50% THAT THE DEVELOPER GETS, 90% WILL GO TO THE DEVELOPER, 10% COMES BACK TO THE CITY. SO YOU COULD ALMOST LOOK LIKE LOOK AT IT AS A 40% TOURS, BUT 10% OF THAT VALUE OF THAT INCREMENTAL VALUE WILL COME BACK TO THE CITY, AND THERE WILL BE A DEPOSIT MADE BY MAY 15TH AND THE PAYMENT TO THE DISTRICT BY JUNE 1ST. SO AND THIS ISN'T A WHOLE LOT DIFFERENT THAN THE CURRENT TOURS WE HAVE. WELL, LET ME REPHRASE THAT. THE STRUCTURE OF IT IS DIFFERENT THAN THE CURRENT TOURS WE HAVE OUT AT THE RAIL PORT, BUT THE CADENCE IS NOT. AND THEN THE USES THIS DISTRICT WILL UTILIZE THIS TOURS FOR DEBT SERVICE REIMBURSEMENT OF ELIGIBLE INFRASTRUCTURE IMPROVEMENT COSTS, THEN CITY USES, AND THEN ADMINISTRATIVE COSTS. SO THE END USER WILL BUILD THE PUBLIC INFRASTRUCTURE. THE CITY WILL OWN THAT PUBLIC INFRASTRUCTURE UPON ACCEPTANCE, AND DISTRICT MAINTAINS UNTIL THE CITY ACCEPTANCE. SO REALLY THAT THAT PART IS NO DIFFERENT THAN AND THEN A SUBDIVISION, RESIDENTIAL, SUBDIVISION, ANY KIND OF SUBDIVISION. THE DEVELOPER BUILDS IT, THEY BUILD IT TO OUR SPECS, WE INSPECT, WE APPROVE ALL THE PLANS, CIVIL, ETCETERA.
[1:20:06] THEY BUILD IT TO THOSE SPECS AS WE INSPECT, AND THEN THEY WILL DEDICATE THAT PUBLIC INFRASTRUCTURE TO THE CITY, AND WE WILL PROVIDE RETAIL WATER AND WASTEWATER CAPACITY SUFFICIENT FOR THE ULTIMATE DATA CENTER DEMAND AND THE DIGITAL INFRASTRUCTURE USE AGREEMENT. IT HAS ANNUAL REPORTING INTO IT ABOUT ENERGY USE, ABOUT WATER USE, AND MANY OTHER THINGS, PROVIDING TRANSPARENCY FOR THE CITY AND FOR THE END USER. AND WE DO HAVE AN AGGREGATE WATER CAP OF A HALF MGD WITHIN THIS, AND THAT WILL EXCLUDE THE IRRIGATION. NOW, AS YOU HEARD, THE DEVELOPER, THEY HAVE TO HAVE A LITTLE RAMP UP TO GET SOME OF THE TURF ESTABLISHED AND THINGS LIKE THAT. BUT ONCE THAT COMES IN FOR THE PURPOSE OF THE DATA CENTER, IT WILL BE A HALF AN MGD. SO ANNEXATIONS WITHIN THE TRS, THE TRS PLAN WILL COVER ALL THE IMPROVEMENTS AND CONCURRENT PERMANENT ZONING PER CONCEPT PLAN. AND THE AGREEMENT CONTROLS WHERE THE ORDINANCES CONFLICT. THIS IS THIS IS WHAT I WAS TALKING ABOUT EARLIER, AS THEY TAKE DOWN ADDITIONAL PARCELS ALL THE WAY DOWN, EVENTUALLY TO 875, THOSE PARCELS WILL COME INTO THE CITY AND WILL HAVE TO GO THROUGH THE ZONING PROCESS AGAIN. AND THIS IS THE EXPANSION OPTION, UP TO 400 ADDITIONAL ADJACENT ACRES. WITHIN FIVE YEARS OF THESE PROPERTIES BEING ANNEXED. THEY WILL GO THROUGH THE ZONING PROCESS AND WILL THEY WILL ADHERE TO PD 192. SO AND WE JUST KIND OF SOLIDIFY, AS YOU KNOW, THROUGH ZONING PROCESS, WE CAN'T CONTROL EXTERIOR MATERIALS WITHIN THIS DEVELOPMENT AGREEMENT. WE ARE ABLE WE DO HAVE THE ABILITY TO CONTROL THOSE EXTERIOR MATERIAL MATERIALS. IT WILL BE 70% MASONRY AND TILT WALL. AND THEN THERE WILL ALSO BE ADDITIONAL LANDSCAPING ALONG 875. NOW ALONG 875, IF YOU RECALL, IN THE PD, WE HAD SOME PROVISIONS FOR STATE ROADS IN THERE ALONG 875, THERE WILL BE A SETBACK OF AT LEAST 300FT FROM THE RIGHT OF WAY TO THE BUILDINGS. NOW, WITHIN THAT SETBACK, ADJACENT TO 875, JUST NORTH OF 875, THERE WILL ALSO BE A 20 FOOT BERM. SO IT WILL REALLY RESTRICT THE SIGHT, VISIBILITY LINES AND THINGS LIKE THAT. AND THE CITY WILL PROVIDE UPON ANNEXATIONS. JUST LIKE ANY NORMAL ANNEXATION PLAN, WE WILL PROVIDE MUNICIPAL SERVICES, POLICE, NAMELY FIRE AND EMS. THEY ALREADY SERVE AT THAT IN THAT AREA IN ORANGE OUT THERE. AND THAT IS IT. THAT'S A LOT OF THAT IS A LOT OF INFORMATION, BUT IT'S NOTHING COMPARED TO THE, YOU KNOW, RATHER THICK PACK. SO BETWEEN MYSELF, THE DEVELOPERS, CHRIS AND JOE, I THINK WE CAN ANSWER QUESTIONS. TAMMY. ANYBODY SIGNED UP TO SPEAK? OKAY, COUNCIL, I WILL JUST ALERT YOU THAT LIKE CLYDE MENTIONED, THERE IS A LARGE PACKET OF LEGAL DOCUMENTS IN FRONT OF YOU. AND IF YOU WOULD DESIRE, WE CAN GO TO EXECUTIVE TO DISCUSS LEGAL MATTERS WITH OUR ATTORNEY IF YOU WISH TO GO THAT ROUTE. BUT OUTSIDE OF THAT, I'LL OPEN IT UP FOR DIALOG OR QUESTIONS. SO I KNOW WHEN YOU ANNEXING A PROPERTY, YOU HAVE TO ESTABLISH A ZONING. BUT WHY WOULDN'T. ON THE DEVELOPMENT AGREEMENT WHEN WE WHEN THEY ANNEX IN, JUST COME INTO THE CURRENT PD WE JUST APPROVED. I DON'T THINK YOU CAN LEGALLY. I THINK YOU HAVE TO GO THROUGH THE PUBLIC HEARING PROCESS. AND WE HAVE TO HAVE THE PUBLIC HEARING PROCESS. YEAH. SO THE PROCESS WILL BE IT WILL BE TO ZONE THEM INTO THE PLAN DEVELOPMENT. OKAY. SO I'M JUST THINKING LIKE PRIOR TO ANNEXATION, WHEN YOU ANNEXED PROPERTY, YOU SET, YOU SET A ZONING FOR THAT PROPERTY YOU ANNEXED, WHICH WAS TYPICALLY AG. YEAH. AND THEN ANYTHING THAT CHANGED, WE WOULD HAVE TO GO THROUGH THAT. THAT WAS JUST A PLACEHOLDER. OKAY. AND I, JOE, I, I DON'T KNOW HOW THIS IS GOING TO WORK, BUT I ASSUME IF IT COMES IN ON A TUESDAY, IT WOULD COME IN AS AG. THEN WE'D GO THROUGH THE PUBLIC HEARING PROCESS AND MAYBE THE NEXT MEETING, IF WE WOULD REZONE, WE CAN, OR WE CAN ACTUALLY BRING IT IN AS WE CAN ACTUALLY, BECAUSE AG IS JUST A TEMPORARY HOLDING, WE CAN ACTUALLY BRING IT IN IN THAT ANNEXATION TO THE PD. OH, OKAY. WELL, WE CAN ACTUALLY BRING IT DIRECTLY INTO THE PD. SO I DON'T KNOW IF THAT CLEARED IT UP FOR ME OR MUDDIED IT FOR ME. SO I, I GUESS AS THEY, AS THEY PETITION TO ANNEX IN THERE, THEY'RE GOING TO COME IN UNDER PD ONE. YEAH. THEY'LL, THEY'LL PETITION TO COME INTO THE CITY AND UNDER, UNDER THE ZONING CATEGORY OF, OF PLANNED DEVELOPMENT, WHATEVER, WHATEVER NUMBER WE ASSIGN TO IT IS MY IS MY ASSUMPTION. I DON'T WANT TO SPEAK ON THEIR BEHALF, BUT SO YES, ALL I'M TRYING TO MAKE SURE IS CONSISTENCY THROUGH THE WHOLE PROJECT, WHICH I'M SURE Y'ALL ARE TOO. AGAIN, NOTHING AGAINST Y'ALL, BUT I'VE BEEN UP HERE A WHILE AND I'VE HEARD CONSISTENCY THROUGH PROJECTS
[1:25:04] THAT SOMETIME DON'T STAY THAT WAY. SO WE'RE GOING TO DO ANNEXATION AND THEN BOOM, WE'RE GOING TO ZONING. IT'S GOING TO BE RIGHT BACK TO BACK. SO WE'LL WE'LL HIT WE'LL KNOCK IT OUT THAT SAME NIGHT. OKAY. THAT'S MY ONLY QUESTION FOR NOW. CAN YOU COMBINE THE PUBLIC HEARINGS? NO, CLYDE. JUST CONFIRMING. SO THE LANGUAGE IN THE AGREEMENT, I KNOW WE'RE JUST KIND OF GETTING INTO THE RED LINE, ALL THAT KIND OF FUN STUFF, BUT IT DOES ALLOW THE ADDITIONAL 400 ACRES TO BE AUTOMATICALLY INCLUDED INTO THE TOURS BECAUSE PRIMARILY WE'RE LOOKING AT THE TOURS CREATION ON THIS PARTICULAR. YES, BUT THEY WILL HAVE TO ANNEX INTO THE MMD, CORRECT? YES. SO WE WILL HAVE TO GO THROUGH THE AND WE DID THIS WITH BRIDGEWATER, I DON'T KNOW, TWO MONTHS AGO. SO AS SOON AS THAT WAS ZONED, THE NEXT CASE WAS ANNEXATION INTO THE MUNICIPAL MANAGEMENT DISTRICT. OKAY. AND THEN YOU MENTIONED I'M MAYBE I'M NOT AS FAMILIAR WITH HOW THE CURRENT TOURS ARE SET UP IN THAT CORRIDOR. YOU MENTIONED THERE WERE SOME DIFFERENCES, JUST HIGH LEVEL. WELL, THE BASIC CHANGES AND NUMBER ONE, THE DIFFERENCES THAT WAS CREATED IN 99. SO A LOT OF STATE LAWS CHANGED. THAT'S 100% TOURS. SO 100% OF THAT INCREMENT THAT STARTED AT $100. SURE. EVERYTHING THAT GOES UP IN THAT GOES INTO THAT DISTRICT. SO NONE OF IT COMES TO OUR GENERAL FUND. OKAY. MAKES SENSE. OKAY. I'M ASSUMING THE BASELINE IS THAT AGRICULTURAL? YES, SIR. WHATEVER IT SITS AT NOW. NOW. WELL, I JUST WANT TO SAY REAL QUICK, THE ONE BIG DIFFERENCE IS THE OUR EXISTING TOURS IS ALL PUBLIC AND NOT PRIVATE, WHEREAS THIS ONE WILL HAVE THOSE POWER FACILITIES THAT ARE PRIVATE. OKAY. DOES THAT MAKE SENSE? SO ON THE, ON THE TOURS DIFFERENCE. SO OKAY, SO THE VALUE OF THE PROPERTY NOW IT'S AG, BUT THERE'S THAT'S THE AG EXEMPTION. SO THERE'S A MARKET VALUE ON THERE OF WHAT THE APPRAISAL DISTRICT THINKS IT'S WORTH WITHOUT THE AGRICULTURAL EXEMPTION. SO THAT WILL BE THE BASE VALUE NOT GIVEN THE THE AGRICULTURAL EXEMPTION. IF YOU LOOK ON THE TAXABLE VALUE. YEAH. AND THEN JUST LAST QUESTION ON MY END, YOU MENTIONED AND AGAIN IT MIGHT BE I DON'T THINK WE'RE NECESSARILY ON THIS OR THIS AGREEMENT, BUT YOU MENTIONED ON 875 TO 300FT. I MEAN, THAT'S GOING TO BE COMING DOWN THE ROAD WHEN WE LOOK AT THAT. OR IS THAT IN THIS PACKET THAT WE JUST GOT? I THINK IT'S IN THE PACKET. IT'S EXHIBIT J. OKAY. ALL RIGHT. IF YOU LOOK AT THE LAST PAGE OF THIS, THE EXACT LAST PAGE, OKAY, THAT KIND OF DEPICTS THAT'S IN THE LANDSCAPE PLAN. EXHIBIT J IS THE LANDSCAPE PLAN. BUT THIS KIND OF DEPICTS IF YOU SEE ON THE LEFT SIDE, YOU HAVE FARM TO MARKET. 875 THEN YOU HAVE THE 3 TO 1 SLOPE WITH THE 20 FOOT HIGH BERM, AND THEN YOU HAVE APPROXIMATELY 370FT FROM THE PROPERTY LINE TO THE FIRST BUILDING. SO ALMOST 400FT, YOU HAVE A 20 FOOT HIGH BERM WITHIN THAT INTERIM. AND THEN YOU HAVE THE SMALLER OR THE SHORTER ADMINISTRATION BUILDING. THEN YOU'LL HAVE THE DATA CENTER. SO ROUGHLY FOR A LITTLE NORTH OF 400FT FROM THE PROPERTY LINE TO THE HEIGHT, OKAY, FROM 875. THANK YOU. OH I'M SORRY. YEAH. STEVE ROBINSON WITH ALLEN BOONE. HUMPHRIES ROBINSON. I REPRESENT THE APPLICANT. AND FIRST I WANT TO SAY THANK YOU TO STAFF AND MAYOR AND COUNCIL FOR OUR OPPORTUNITY TO BE HERE TODAY. THEY HAVE BEEN REALLY GOOD TO TO WORK WITH. I WANT TO POINT OUT I WAS INVOLVED IN THE RAIL PORT TOURS, WHICH IS A 100% TOURS, AND IT IS TOURS IN WHICH ALMOST ALL OF THE VALUE IS REAL PROPERTY. THERE IS A VERY SIGNIFICANT DIFFERENCE WITH THE DATA CENTER PROJECTS, BECAUSE IF YOU THINK ABOUT A DATA CENTER, THE VAST MAJORITY OF THE VALUE ARE SERVERS. WELL, A TOURS ONLY APPLIES TO THE REAL PROPERTY COMPONENT, THE DIRT AND THE PERMANENTLY AFFIXED THE BUILDINGS, THE STRUCTURES, ANYTHING PERMANENTLY AFFIXED. SO AROUND THE STATE THEY VARY. BUT GENERALLY WE'RE SEEING AROUND 20 TO 30% OF THE TOTAL VALUE IS REAL PROPERTY. SO WHEN WE SAY IT'S A 50% TOURS, WHAT WE'RE REALLY SAYING IS EVEN ON THAT TOP END WHERE YOU SAY 30% OF THE IS REAL PROPERTY, WE'RE REALLY SAYING AS OPPOSED TO YOUR RAIL PORT TOURS, IT'S 100% TOURS ON 100% OR ALMOST 100% REAL PROPERTY. HERE. WE ARE A 50% TOURS ON 30, PROBABLY 30% OF THE TOTAL VALUE. SO IT'S REALLY A NET OF 15. AND THEN OF THAT 15%, THE CITY IS ACTUALLY KEEPING ANOTHER 10% OF OF THAT. SO THIS IS A VERY DIFFERENT STRUCTURE THAN THE RAIL PORT TOURS. IT IS WHY WE HAVE TO HAVE THE OVERLAPPING MUNICIPAL MANAGEMENT DISTRICT. IT IS INCREDIBLY IMPORTANT. YOU ALL
[1:30:03] ARE DEALING WITH THIS MORE THAN ANYONE. WE ARE IN A PERIOD OF INCREDIBLE TAX RATE COMPRESSION. IF YOU LISTEN TO OUR ELECTED OFFICIALS, PROBABLY IN THE NEXT SESSION, WE'RE GOING TO HAVE EVEN COMPRESSION. SO WHEN I DID THE RAIL PORT TOURS AND WE KNEW YOUR TAX RATE, WE SAID PROBABLY OVER THE NEXT 30 YEARS, IT MAY GO UP OR DOWN 2 OR 3 PENNIES FOR PENNIES OVER THAT COURSE. THAT'S NOT WHAT WE'RE SEEING TODAY IN OUR OUR CITIES. WE'RE SEEING THOSE TAX RATES GO DOWN SOMETIMES A PENNY OR TWO A YEAR. AND WELL, WHEN THAT HAPPENS, IT DECIMATES YOUR FINANCING CAPACITY IN THE THE TOURS. SO IF YOU REALLY WANT TO KNOW WHO THE REAL WORKHORSE IS HERE IN MAKING THE INFRASTRUCTURE THAT NEEDS TO, TO ATTRACT THIS DATA CENTER, IT'S THE MUNICIPAL MANAGEMENT DISTRICT AND THE TOURS DOLLARS GET CREDIT ENHANCED BY THAT MUNICIPAL MANAGEMENT DISTRICT. BECAUSE IF YOU CONTINUE TO LOSE PENNIES OF YOUR TAX RATE, WHICH IS WHAT YOU'RE YOU'RE SEEING THE MUNICIPAL MANAGEMENT DISTRICT CAN STABILIZE THAT AND KEEP THE FINANCING. SO WE KNOW THAT WHEN WE GO OUT AND SELL BONDS FOR ALL THIS INFRASTRUCTURE, THOSE BONDS WON'T AND CAN'T DEFAULT BECAUSE YOU HAVE THE OVERLAPPING MUNICIPAL MANAGEMENT DISTRICT REALLY IMPORTANT TO UNDERSTAND BOTH WHAT YOUR CONTRIBUTION THERE IS VERY DIFFERENT THAN YOUR EXISTING TOURS AND THE IMPORTANCE ACTUALLY, THE CRITICAL IMPORTANCE OF THE OVERLAYING MUNICIPAL MANAGEMENT DISTRICT TO MAKE THAT TOURS FUNCTION. WHEN WE TAKE THOSE TOURIST DOLLARS AND WE SELL BONDS ONLY WITH TOURIST DOLLARS, WE END UP WITH VERY HIGH COVERAGE RATIOS AND RESERVE FUNDS. WHEN WE PUT THE OVERLAPPING MUNICIPAL MANAGEMENT DISTRICT, WE DON'T HAVE TO DO THAT BECAUSE WE KNOW WE'VE GOT THAT DIRECT TAX TO TO PAY FOR THE INFRASTRUCTURE. SO IT SHOULD PROVIDE YOU, YOU KNOW, WITH THESE DISTRICTS, YOU KNOW, WE'RE YEAR 36 UNDER THE SAME TKC RULES, REGULATING THEM WITH BILLIONS AND BILLIONS OF BONDS OUTSTANDING. WE'VE GOT A 0% DEFAULT RATE IN THESE DISTRICTS BECAUSE OF THAT DIRECT TAX OBLIGATION. SO THAT OUGHT TO GIVE YOU A LOT OF COMFORT. THIS IS AN IMPORTANT AGREEMENT FOR YOUR FUTURE. AS WAS MENTIONED, THE 395 ACRES IS IN YOUR CORPORATE LIMITS. THE BALANCE IS NOT. IT IS. AND THIS SOLIDIFIES THE FACT THAT THIS LANDOWNER WILL NOT TAKE THIS OUTSIDE OF YOUR ETJ AND WILL BRING IT IN. AND OH, BY THE WAY, IS SUBJECTING THEMSELVES TO ALL THE TERMS AND CONDITIONS HERE. OBVIOUSLY, IN RETURN, THE CITY IS GOING TO PROVIDE MUNICIPAL SERVICES, WATER AND SEWER. AND SO THAT'S REALLY WE LOOK FOR THIS TO BE A GREAT PARTNERSHIP. WE ARE THE OPPOSITE OF THE THINGS THAT THE GOVERNOR IS COMPLAINING ABOUT. OUR THE PROJECTS THAT ARE BEING MANY OF THEM AREN'T WORKING WITH CITIES THAT HAVE THE SAME REGULATORY AUTHORITY. COUNTIES DON'T HAVE CONTROL OVER WATER AND WASTEWATER OR LAND USE. WE ARE HERE TO WORK WITH THE CITY TO GET A PROJECT THAT IS COOPERATIVE, THAT WE BOTH CAN SUPPORT, THAT HAS PRODUCES ITS OWN POWER. NO RATEPAYER WILL WILL PAY FOR THIS. POWER IS A CLOSED LOOP SYSTEM. LOW BUILDING THE THE TRANSPORTATION INFRASTRUCTURE THAT'S NEEDED. THAT'S ALL IN THIS AGREEMENT. SO WE APPRECIATE IT. I'M HAPPY TO ANSWER ANY QUESTIONS, BUT I JUST WANTED TO MAKE SURE SINCE YOU ALL HAVE DONE A TOURS, THIS IS A DRAMATICALLY DIFFERENT TOURS THAN WHAT YOU'VE DONE BEFORE. THANK YOU. COUNCIL. ANY QUESTIONS OF LEGAL OR STAFF CLERK. AND I'M SORRY, IT'S JUST A 58 PAGE DOCUMENT. I'M SKIMMING THROUGH AS FAST AS I CAN. SO WHEN IS THE END DATE OF THE TOURS? THE TOURS IS A 30 YEAR TOURS, 30 YEARS. SO WE'LL ESTABLISH THE BASE YEAR THIS YEAR. NEXT YEAR WILL BE THE FIRST YEAR THAT IT'LL GENERATE INCREMENT, AND THEN IT WILL GO FOR 30 CONSECUTIVE YEARS. IF ALL THE PROJECTS ARE PAID OFF BEFORE IT CAN TERMINATE EARLY BY OPERATION OF LAW. BUT BUT THE TERM IS 30 YEARS. OKAY. AGAIN, ONLY ON REAL PROPERTY AT THAT REALLY NET 40%. AND JUST AS A I GUESS A REFRESHER FOR ME, THE MMD IS FOREVER. IT IS. AND, AND ACTUALLY, WE, WE BELIEVE THAT THE CITY HAS THE ABILITY TO TERMINATE IT. WHAT WE HAVE FOUND IS THAT THAT'S NOT WHAT YOUR DESIRE IS, THAT MMD HAS THE ABILITY TO MAKE SURE. AND THAT BECAUSE IT HAS THE ABILITY TO COLLECT ONGOING REVENUES, THAT THE LANDSCAPING LOOKS NICE, THAT THE THE THING, THE PUBLIC,
[1:35:06] WHAT YOU SEE VISIBLY IS MAINTAINED AND IT REALLY ITS TAX RATE WOULD WOULD OBVIOUSLY DROP DRAMATICALLY ONCE IT'S PAID OFF ITS DEBT. WHAT WE ARE EXPERIENCING NOW IN OUR VERY OLD DISTRICTS IS WHEN IT GETS TO THAT POINT, YOU'RE ALREADY COLLECTING AT THAT POINT, 100% OF YOUR TAXES, AND YOU WANT IT TO LOOK AS GOOD AS IT POSSIBLY CAN, BECAUSE THAT IS THE BEST FOR THE COMMUNITY THAT THAT CITIES ARE NOT TERMINATING THEM. YOU HAVE THE RIGHT TO DO THAT. BUT, BUT AND THE UNILATERAL RIGHT TO DO THAT. BUT BUT BUT IT GENERALLY IS NOT VIEWED AS IN YOUR BEST INTEREST BECAUSE OF THE QUALITY OF THE PUBLIC SPACES THAT ARE ABLE TO BE MAINTAINED. THANK YOU. ANYBODY ELSE. QUESTIONS. SO GOING BACK TO THE CONCEPT OF TAX RATE COMPRESSION BECAUSE LIKE YOU I AGREE. I THINK THAT'S GOING TO BE A SIGNIFICANT FACTOR MOVING FORWARD. AND SO I DEFINITELY APPRECIATE FROM THE PRIVATE SIDE OF THE EQUATION THAT THAT YOUR, YOU KNOW, BOND CREDITORS ARE EXCITED ABOUT THE FACT THAT YOU HAVE THE ALTERNATE VEHICLE, THE MMD, TO PROVIDE AN UNDERPINNING. SHOULD THAT TAX RATE COMPRESS AND YOU NEED TO INCREASE THE MMD TO OFFSET AND COVER THOSE, THOSE BOND FINANCING PAYMENTS, IS IT POSSIBLE FOR US TO CODIFY IN THIS AGREEMENT THAT THE SAME BENEFIT IS PROVIDED TO THE CITY OF MIDLOTHIAN? RIGHT. BECAUSE RIGHT NOW WE'RE LOOKING AT THIS AND HEY, WE'RE GOING TO GET 50% OF THAT INCREMENT. YOU KNOW, IT'S GOING TO FLOW THROUGH TO OUR GENERAL FUND. YOU KNOW, THAT'S GOING TO HELP TO BUY DOWN ESSENTIALLY, YOU KNOW, THE THE BURDEN ON OUR RESIDENTS. AND IF THAT RATE CONTINUES TO COMPRESS, YOU KNOW, IT MAY NOT STILL DO THAT. SO IS THERE THAT SAME ABILITY? YEAH. SO THE ONE THE, THE VAST MAJORITY OF THE DOLLARS IN MY EXAMPLE, 85% OF THOSE ARE GOING OF, YOU KNOW, I DON'T WANT TO GIVE AN EXACT NUMBER, BUT OVER $1 BILLION OF NEW TAXABLE VALUE IS GOING TO ALL FLOW TO THE CITY. AND IT'S ACTUALLY, YOU KNOW, THE CITY THAT WILL GENERATE THE VAST MAJORITY OF THE NEW REVENUE, THE PORTION THAT YOU DON'T CONTRIBUTE TO THE TERS, AT LEAST UNDER CURRENT LAW, DOES NOT CAUSE ADDITIONAL COMPRESSION. OKAY. AND SO SOME CITIES HAVE MADE THE DECISION TO THROW IN MORE THAN THAT. BUT IT DOES HAVE TO BE SPENT WITHIN THE BOUNDARIES OF YOUR TERS AND WHICH YOU COULD PLAY WITH. SO THAT IS A MECHANISM THAT YOU COULD USE. I SUSPECT THAT THAT COULD GO AWAY AT SOME POINT. YOU KNOW, IN IN THE FUTURE. BUT YOU KNOW, WHAT WE DO BY MAKING THE PARTICIPATION ON A PERCENTAGE BASIS, YOU KNOW, YOUR CONTRIBUTION CONTINUES TO GO DOWN IF YOU CHOOSE TO LOWER YOUR TAX RATE BECAUSE YOU'RE GETTING NEW TAX REVENUE, I THINK MAYBE WHAT THE COUNCIL MEMBER IS ALLUDING TO IS SOMETHING ALONG THE LINES OF, LET'S SAY THE STATE ELIMINATES PROPERTY TAX. YEAH, IT'S BEEN TALKED ABOUT THAT THE MMD COULD THEN BASICALLY MAKE A PAYMENT IN LIEU OF TAXES. YEAH. SO BASICALLY A PAYMENT IN LIEU OF TAXES TO KEEP US WHOLE WITH, WITH WHAT WE WOULD LOSE SHOULD PROPERTY TAXES BE TOTALLY ELIMINATED. YEAH. THAT HASN'T BEEN A CONCEPT THAT THAT HAS BEEN FLOATED. WE, THE MMD HAS THE ABILITY TO FINANCE WATER, SEWER, DRAINAGE ROADS AND THESE POWER FACILITIES THAT, THAT WE'RE, WE'RE TALKING ABOUT, WE REALLY DON'T HAVE THE ABILITY. AND OBVIOUSLY WE'RE PAYING FOR ALL OF THOSE UP FRONT OUT OF THE DEVELOPERS, YOU KNOW, CAPITAL STACK IN AT THE BEGINNING OF THIS PROJECT. SO I DON'T THINK THE MMD WOULD BE IN A, A POSITION TO DO THAT. YOU KNOW, THE, THE, YOU KNOW, POTENTIALLY THAT'S A CONVERSATION WITH THE DATA CENTER. OR IF THEY, YOU KNOW, OR, YOU KNOW, BUT THAT HAS NOT BEEN PART OF, OF OUR DISCUSSION ABOUT A PAYMENT IN LIEU OF TAXES. WE, WE WOULD CERTAINLY VIEW IF YOUR TAX RATE WERE TO GO DOWN, IT AUTOMATICALLY MEANS THAT OUR TAX RATE IN THE MMD GOES UP IN THE SAME AMOUNT. SO THE SAME OVERALL TAX BURDEN EXISTS. AND I THINK THAT'S WHAT WE WERE TALKING ABOUT IS IF IF THE TAX RATE GOES DOWN, LET'S SAY THE CITY'S TAX RATE GOES TO ZERO, YOU LOSE $0.64. YOU'RE GETTING NOTHING ON THE TOURS. YOUR RATE COULD GO UP THAT $0.64 AND YOUR USER WOULDN'T NOTICE THE DIFFERENCE. THAT'S
[1:40:02] MAKING THE SAME TAX PAYMENT. AND THAT'S THAT'S ACTUALLY WHAT WILL HAVE TO HAPPEN. AND I GUESS WHAT WE'RE LOOKING AT, I DON'T WANT TO SPEAK FOR MR. WEAVER, I THINK IS THAT WE WOULD GET IT WOULD GO UP BY 50% OF WHAT THE CURRENT RATE IS, RIGHT? BECAUSE THAT'S 50% OF IT. YOU'RE CORRECT. YOU'RE ACTUALLY CORRECT ABOUT THAT. AND OURS WOULD GO DOWN 100%. SO THAT'S WHAT I'M SAYING. YOU YOU HAVE A RATE STRUCTURE HERE IN A VEHICLE STRUCTURE THAT ALLOWS FOR THAT SIDE TO REMAIN REVENUE NEUTRAL, RIGHT. BUT WE DON'T HAVE THE SAME PROVISION OR UNDERPINNING FOR THE CITY OF MIDLOTHIAN. GOT IT. IF YOU WILL ALLOW US TO HAVE SOME CONVERSATIONS ABOUT THAT. WELL, THAT HAS NOT BEEN PART OF THE DISCUSSION, BUT BUT I TAKE YOUR POINT. YEAH, I THINK IT'S A FAIR POINT. WELL, I THINK THERE'S A THERE'S A PREVAILING SENTIMENT, AT LEAST IN CERTAIN HALLS OF POWER IN TEXAS, TO FIND A WAY, HOPEFULLY TO TAKE THAT TO ZERO. AND SO I THINK WHEN WE LOOK AT A PROJECT LIKE THIS, YOU KNOW, AND THE AMOUNT OF, YOU KNOW, AD VALOREM REVENUE THAT IT COULD GENERATE TO HELP OFFSET EXPENSES, YOU KNOW, THAT ARE CURRENTLY BEING BORNE BY, BY OTHER ENTERPRISES OR RESIDENTS OF OUR COMMUNITY. IF THAT SUDDENLY GOES AWAY, THEN WE'RE IN A AGAIN, NOBODY HAS A GOOD STRUCTURE ON WHAT THAT LOOKS LIKE AT THIS POINT. SO I DON'T KNOW IF IT'S IMMINENT, BUT IT IS, AT LEAST IN THE CONVERSATION. AND I THINK IT WOULD BE APPROPRIATE FOR US TO SAY ON A USE LIKE THIS, YOU KNOW, HOW DO WE REALIZE THE SAME BENEFIT THAT THAT THE DEVELOPER IS REALIZING, RIGHT, WE'LL HAVE THAT CONVERSATION. ANYBODY ELSE? IS THAT SOMETHING THAT WE NEED TO DETERMINE BEFORE WE TAKE ACTION? YEAH. THE THE ACTION IS FOR THE ME, I GUESS, CITY MANAGER TO BE ABLE TO NEGOTIATE THE DEAL. SO IF THAT'S SOMETHING THAT Y'ALL WANT TO PUT IN, THEN AS A CONDITION, THEN THAT WOULD BE PROBABLY NEED TO BE PART OF THE MOTION. SO THAT KIND OF GIVES DIRECTION TO THE ATTORNEY AND MYSELF AND STAFF TO GO AND TRY TO NEGOTIATE THAT LANGUAGE IN THE DEAL. ROSS, WOULD YOU LIKE TO FORMULATE THAT MOTION? NO. EVERYBODY GOOD? LET ME GET BACK TO HOW THAT'S ACTUALLY. 50150001 B THE ALLOCATION, I BELIEVE. MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND A DEVELOPMENT AGREEMENT. CITY OF MIDLOTHIAN DIGITAL RANCH, LLC AND EXPLORE THE POSSIBILITY OF. WHAT DO YOU WANT TO SAY? CONDITION UPON CONDITIONED UPON LANGUAGE THAT ALLOWS THE MMD TO REIMBURSE THE CITY IN THE EVENT THAT THE CITY NO LONGER IS ABLE TO COLLECT SALES TAX DUE TO SOME LEGISLATIVE CHANGE? PROPERTY TAX. BUT YES, JOE SAID INSERT PROPERTY TAX. SORRY. SO IT WOULD YEAH. CONSIDERED A CONDITIONED UPON THE CITY MANAGER NEGOTIATING AN OPPORTUNITY FOR THE THE CITY'S REVENUE TO REMAIN CONSISTENT IN THE EVENT THAT LEGISLATIVE CHANGES ELIMINATE OR SEVERELY MITIGATE PROPERTY TAX REVENUE. OKAY. MOTION MADE BY COUNCILMAN WEAVER. IS THERE A SECOND, SECOND, SECOND. SECONDED BY COUNCILMAN SHEFFIELD. PLEASE VOTE. ITEM PASSES 7 TO 0. THANK YOU. THANK YOU. ITEM 2026 328. CONSIDER AN ACT UPON A RESOLUTION CONSENTING TO THE CREATION OF MIDLOTHIAN MUNICIPAL MANAGEMENT DISTRICT NUMBER FOUR AND THE INCLUSION OF 873.8 ACRES OF LAND INTO SAID DISTRICT. WHEN YOU RAN AWAY, CLYDE, I WAS YEAH, I APOLOGIZE. YEAH. THIS IS JUST BASED ON THE THE CONSENT THAT WE JUST DID. THIS REQUIRES A OR THE DEVELOPMENT AGREEMENT REQUIRES US TO CREATE A MUNICIPAL, MUNICIPAL MANAGEMENT DISTRICT. NUMBER FOUR DOWN IN THE REPORT OF THE THE PROPERTIES THAT WE'VE BEEN DISCUSSING OVER THE PAST SEVERAL MINUTES. SO WITH THAT, I'LL TRY TO ANSWER ANY QUESTIONS ON THAT. THANK YOU. TAMMY. ANYBODY SIGNED UP TO SPEAK? OKAY. COUNCIL. ANY FURTHER QUESTIONS ON THIS? WE SORT OF KICKED IT AROUND A MINUTE AGO. NO QUESTIONS. MOTIONS MOVE TO APPROVE. SECOND MOTION MADE TO APPROVE BY MAYOR PRO TEM WICKLIFFE. SECONDED BY COUNCILMAN WEAVER. PLEASE VOTE. ITEM PASSED SEVEN ZERO. THANK YOU. CLYDE. THANK YOU. THANK YOU. GENTLEMEN. LADIES. MOVING ON TO ITEM 2026 329. CONSIDER AN ACT UPON A RESOLUTION AMENDING THE MASTER FEE SCHEDULE BY AMENDING CERTAIN FEES AND BUILDING REGULATIONS, DEVELOPMENT CODE AND UTILITY BILLING, EFFECTIVE IMMEDIATELY. AND THANK YOU, MAYOR AND
[1:45:04] COUNCIL. SO THIS IS OUR MASTER FEE SCHEDULE. WE DO BRING IT PERIODICALLY. IT IS A COMPREHENSIVE LIST OF THE FEES THAT ARE CHARGED BY THE CITY. AND SO I'LL JUST QUICKLY RUN THROUGH WHAT THOSE CHANGES ARE AND THEN BE ABLE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE FOR BUILDING INSPECTIONS. WE REMOVED THE DETACHED RESIDENTIAL EXCESS ACCESSORY BUILDING $50 VALUATION FOR THE DEVELOPMENT CODE. WE UPDATED THE CIVIL ENGINEERING PLAN REVIEW TO THE COST OF THE THIRD PARTY REVIEW. WE ADDED THE INTERNAL CIVIL ENGINEERING PLAN REVIEW UP TO $1,500 FIRST AND SECOND, PLUS $750 FOR ADDITIONAL RESUBMITTAL. WE UPDATED THE FLOODPLAIN DEVELOPMENT APPLICATION FEE AND REVIEW TO $500 PLUS COST OF THIRD PARTY REVIEW, AND WE ADDED A DRAINAGE STUDY REVIEW COST OF THE THIRD PARTY REVIEW FOR UTILITY BILLING. WE UPDATED THE RESIDENTIAL, COMMERCIAL, PUBLIC FACILITIES AND INDUSTRIAL WASTEWATER BASE RATES AND USAGE CHARGES, WHICH WERE EFFECTIVE OCTOBER 1ST, 2025. WE UPDATED THE FIRE HYDRANT METER FOR CONSTRUCTION TO 1750. WE UPDATED THE AFTER HOURS WATER CUTOFF TO $75 AND UPDATED THE RECONNECT AFTER BUSINESS HOURS TO $75. ALL RIGHT. THANK YOU. TAMMY. ANYBODY SIGN UP TO SPEAK? COUNCIL QUESTIONS ON THE FEE SCHEDULE. I'M JUST CURIOUS OF WHAT PROMPTED THIS. WE DO THIS PERIODICALLY. AND SO WE ASK KIND OF DID A CALL OUT TO ALL THE DEPARTMENTS TO SEE WHAT CHANGES THEY FELT THAT THEY NEEDED TO MAKE TO THE FEES. AND THIS IS WHAT WE GOT BACK. SO IT'S JUST AND WE WILL BE DOING IT AGAIN. SOMETIMES IT'S MORE OFTEN THAN ONCE A YEAR. SO JUST WHENEVER THERE'S A CHANGE, AND I DO THINK IN CLYDE STEPPED OUT, BUT I DO THINK WE'RE ADDING THIRD PARTY REVIEW FOR THE ENGINEERING JUST BECAUSE OF THE THE AMOUNT OF REVIEWS THAT WE'RE GETTING. SO I THINK THIS IS A NEW OPTION TO BE ABLE TO SEND OUT OUR ENGINEERING REVIEWS TO A THIRD PARTY. THAT IS TRUE. ROSS. SO, I MEAN, WE WERE ALREADY USING THIRD PARTY REVIEW THOUGH, WEREN'T WE? WELL, WE WE ARE ON THE RESIDENTIAL AND SOME OF THE COMMERCIAL, I DON'T KNOW THAT WE WERE USING ON CIVIL PLANS. OKAY. I THINK THAT'S THE DIFFERENCE. AND SO SO WE'RE ADDING THOSE ITEMS. WE'RE NOT CHANGING THEM FROM A FIXED COST TO A VARIABLE COST, I THINK. YEAH, I BELIEVE THAT AND, AND HELPED ME WITH THIS. LET ME I THINK WE HAD A COST FOR THAT. BUT THEN IF WE GO OUT TO A THIRD PARTY, THERE WOULD BE A DIFFERENT COST. SO I GUESS MY QUESTION ON THIS IS, ARE WE SAYING THAT WE'RE NOW GOING TO USE THIRD PARTY REVIEW FOR ALL CIVIL ENGINEERING, OR IS THERE STILL NO I THINK IN HOUSE. YEAH, THERE WILL STILL BE IN HOUSE. BUT THEN WE HAVE THE OPTION, ESPECIALLY WITH SOME OF THE TIME CONSTRAINTS THAT ARE BEING PLACED, YOU KNOW, ON SOME OF THESE. DEVELOPMENT REVIEWS FROM THE STATE. I THINK WE NEED TO HAVE THAT OPTION BECAUSE WE'RE GETTING LONGER AND LONGER IN OUR REVIEW TIMES FROM A CIVIL ENGINEERING STANDPOINT. OKAY. AND I WAS GOING TO SAY, IF YOU LOOK AT THE SIDE BY SIDE THAT WE HAVE INCLUDED IN THE AGENDA ITEM, YOU CAN IT WILL SHOW YOU WHAT WE HAD VERSUS WHAT WE'VE ADDED. AND SO THERE IS STILL INTERNAL CIVIL ENGINEERING PLAN REVIEW AT THE 1500 PLUS FIRST AND SECOND IN THE 750 FOR ADDITIONAL. IT'S JUST ADDING THAT COST FOR THE THIRD PARTY REVIEW. ANY OTHER QUESTIONS OF COUNCIL? TAKE A MOTION MOTION. MOTION MADE TO APPROVE AS PRESENTED BY COUNCILMAN CHESHIRE. SECONDED BY COUNCILWOMAN HAMMONDS. PLEASE VOTE. ITEM PASSED 7 TO 0. THANK YOU. AN. ITEM 2026 330. CONSIDER AN ACT AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PROFESSIONAL SERVICES FOR. WITH KIMLEY-HORN AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED 190 000 FOR PHASE TWO OF THE CITY'S AMERICANS WITH DISABILITIES ACT. SELF EVALUATION AND TRANSITION PLAN. WELCOME. GOOD EVENING. THIS ITEM IS TO IS REQUESTING FUNDING APPROVAL FOR PHASE TWO OF OUR ADA SELF EVALUATION AND TRANSITION PLAN. THE CITY PREVIOUSLY INITIATED A MULTI-PHASE SELF EVALUATION AND TRANSITION PLAN WITH KIMLEY-HORN IN 2021 TO EVALUATE ACCESSIBILITY THROUGHOUT OUR CITY FACILITIES, PROGRAMS, SERVICES, ACTIVITIES, AND PUBLIC RIGHTS OF WAY IN ACCORDANCE WITH FEDERAL ADA
[1:50:05] REQUIREMENTS. PHASE TWO CONTINUES THIS EFFORT THROUGH DETAILED ACCESSIBILITY EVALUATIONS AND AN UPDATE TO THE CITY'S ADA TRANSITION PLAN. UNDER THE PROPOSED AGREEMENT, KIMLEY-HORN WOULD CONDUCT AN ADA COMPLIANCE EVALUATION OF SELECTED CITY BUILDINGS AND PARKS AND EVALUATE PORTIONS OF THE CITY'S PUBLIC RIGHTS OF WAY. THIS INCLUDES BUILDING EVALUATIONS OF CITY HALL, THE SENIOR CENTER, MIDLOTHIAN CONFERENCE CENTER AND ANIMAL SHELTER PARK, EVALUATIONS OF TRIANGLE PARK, LAKE GROVE PARK AND MIDLOTHIAN DOG PARK. PUBLIC RIGHTS OF WAY, EVALUATIONS OF UP TO FIVE SIGNALIZED INTERSECTIONS AND APPROXIMATELY 42 LINEAR MILES OF SIDEWALK CORRIDORS, AND ASSOCIATED UNSIGNALIZED INTERSECTIONS AND DRIVEWAYS. IDENTIFICATION AND DOCUMENTATION OF ACCESSIBILITY BARRIERS. POTENTIAL CORRECTIVE ACTIONS, PRIORITIZATION OF BARRIERS AND CONCEPTUAL COST ESTIMATES. AN UPDATED ADA TRANSITION PLAN, INCLUDING AN IMPLEMENTATION SCHEDULE AND STRATEGY. RECOMMENDED MULTI-YEAR BUDGET AND PHASE SCHEDULE FOR ADDRESSING IDENTIFIED BARRIERS. THIS PROJECT IS ANTICIPATED TO HAVE A 12 MONTH DURATION, AND FINDINGS WILL BE INCORPORATED INTO THE CITY'S ADA TRANSITION PLAN AND USED TO PRIORITIZE FUTURE ACCESSIBILITY IMPROVEMENTS, ESTABLISH IMPLEMENTATION SCHEDULES, AND ASSIST WITH LONG TERM BUDGET PLANNING FOR CORRECTIVE ACTIONS PURSUANT TO FEDERAL REQUIREMENTS, PUBLIC ENTITIES ARE REQUIRED TO EVALUATE THEIR SERVICES, POLICIES, AND PRACTICES TO IDENTIFY AND CORRECT THOSE THAT DO NOT MEET THE REQUIREMENTS OF TITLE TWO. ADDITIONALLY, WE'RE REQUIRED TO DEVELOP A TRANSITION PLAN WHEN STRUCTURAL CHANGES TO FACILITIES ARE NECESSARY TO ACHIEVE PROGRAM ACCESSIBILITY, THE TRANSITION PLAN MUST IDENTIFY PHYSICAL BARRIERS, DESCRIBE THE METHODS FOR ACHIEVING ACCESSIBILITY. ESTABLISH A SCHEDULE FOR CORRECTIVE ACTIONS, AND IDENTIFY THE OFFICIAL RESPONSE. OFFICIAL RESPONSIBLE FOR IMPLEMENTATION. SO WITH THAT, I'LL TAKE ANY QUESTIONS. WE ALSO HAVE MATT POOLE HERE FROM KIMLEY-HORN. THANK YOU STEPHANIE. ANYBODY SIGN UP TO SPEAK? NO SPEAKERS. COUNCIL QUESTIONS. CASEY. YEAH. I MIGHT BE A ROOKIE QUESTION TO A CERTAIN EXTENT, BUT OBVIOUSLY THIS IS A SELF EVALUATION THAT'S TAKING PLACE. SO WALK ME THROUGH HIGH LEVEL. THE FIRST ONE TOOK PLACE PHASE ONE 2021. IS THAT CORRECT. OKAY. WHAT WAS IDENTIFIED HOW MUCH THAT WORK HAS BEEN DONE. IS IT COMPLETED. HAS IT BEEN FUNDED. I'M JUST KIND OF CURIOUS. I'M KIND OF GETTING THE BACKGROUND OF THIS. SO THE PRIMARY BUILDINGS THAT WERE DONE WERE THE OLD CITY HALL AND THE OLD PUBLIC SAFETY BUILDING. THERE WERE 100. THERE WAS ALSO RIDGEVIEW PARK. OKAY. SO THEY'RE DONE, RIGHT? YEAH, THOSE ARE DONE. THERE WAS 199 BARRIERS AND WE CORRECTED 163 OF THEM. SO WITH THE, THE, THE NEW BUILDINGS. OKAY. AND THEN JUST LOOKING AT THE LIST THAT YOU PUT ON HERE, YOU MENTIONED, YOU KNOW, CONFERENCE CENTER, ANIMAL SHELTER, SENIOR CENTER, CITY HALL, THAT ONE STANDS OUT. ARE WE JUST ADDING THAT ONE FROM A SELF ASSESSMENT STANDPOINT BECAUSE THIS IS RELATIVELY NEW. SO I'M ASSUMING THERE HAS BEEN SOME SORT OF ALREADY LOOK TO MAKE SURE IT'S ADA COMPLIANT, OR ARE YOU JUST TRYING TO GET AN OVERARCHING VIEW OF THE ENTIRE FACILITY? I'M JUST CURIOUS WHY THAT ONE'S ON THERE. SO IT'S ONE OF OUR MOST PUBLIC FACING FACILITIES. SO THAT MAKES IT A HIGH PRIORITY. BUT WHILE IT MET BUILDING CODE TO BE ADA ACCESSIBLE, THIS COMES BACK AND REVIEWS THE FINAL PRODUCT TO ENSURE THAT EVERYTHING'S IN COMPLIANCE. OKAY. OKAY. AND I'LL JUST THROW A NOTE IN HERE REAL QUICK THAT EVERYTHING IS IN THIS BUILDING IS IN COMPLIANCE WITH T, D, L, R, AND ADA. BUT JUST TO BE SURE. YEAH. I MEAN, FOR THE WAY I LOOK AT IT, IT'S MORE JUST WE'VE DONE A COMPREHENSIVE ASSESSMENT. IT'S SORT OF WHAT I'M HEARING TO A CERTAIN EXTENT. OKAY. THAT'S FINE. ANNA, I DON'T KNOW IF THIS IS WHAT YOU JUST SAID, BUT TRIANGLE PARK, I MEAN, WHY IS THAT? WE HAVE TO HAVE A SELF ASSESSMENT OF IT. SO THAT'S SO SMALL. IT'S PROBABLY JUST GOING TO BE LIKE THE SIDEWALKS AROUND IT. BUT THEN EVERY OTHER PART IS THERE. HOW MANY PHASES OF THIS ARE THERE? IT DEPENDS ON OUR BUDGET. SO EVERY YEAR WE'LL JUST ASSESS WHAT WE'RE ABLE TO AFFORD. OKAY, RUSH SO SIMILAR TO THAT CONCEPT. SO WE DID 1 IN 2021. NOW WE'RE GOING TO DO ANOTHER ONE PROBABLY CALL IT 2027. WHEN WE GET THE DATA BACK OR CLOSE THERE TOO IS I MEAN, IS THAT 4 OR 5 YEAR CADENCE BETWEEN PHASES? I MEAN, WHAT WE SHOULD EXPECT? I MEAN, AND THEN, YOU KNOW, WHAT, WHAT KIND OF TIME FRAME DO WE HAVE FOR CURATIVE AND REMEDIATION EFFORTS? IF THERE ARE DEFICIENCIES FOUND THAT COULD POTENTIALLY PUT STRAINS ON BUDGETARY CONSIDERATIONS? YEAH. SO THERE WAS A LITTLE BIT OF A DELAY. AND PART OF THAT, I BELIEVE, WAS THE CONSTRUCTION OF THESE BUILDINGS, BECAUSE THAT WOULD REMEDIATE A LOT OF THE ISSUES. SO GOING FORWARD, IT WILL BE DEPENDENT ON BUDGET AND WHAT WE CAN PAY FOR AS FAR AS THE ASSESSMENT. BUT AS FAR AS THE TIME FRAME TO REMEDIATE THEM, YOU ESSENTIALLY CREATE YOUR BARRIERS LIST, WHICH IS WHAT KIMLEY-HORN WILL HELP US PROVIDE, WHICH ASSESSES, YOU KNOW, IF THERE'S SIDEWALKS, THINGS LIKE THAT, RAMPS THAT AREN'T IN COMPLIANCE, THEY'LL
[1:55:02] HELP US ESSENTIALLY RANK THEM IN ORDER AND PROVIDE AN ESTIMATED COST SO THAT WE CAN LOOK AT BUDGETING THOSE ITEMS AND PRIORITIZING THEM BASED ON ESSENTIALLY HOW MUCH THEY IMPACT THE PUBLIC. BUT FROM THE TIME THE REPORT IS COMPLETED, IF IF, LET'S SAY WE'RE FOUR YEARS DOWN THE ROAD AND WE HAVE NOT FIXED ALL OF THOSE THINGS, I MEAN, IS THERE A PUNITIVE ASPECT TO THIS THAT KICKS IN? YEAH, THERE IS. YOU HAVE TO SHOW CONTINUOUS PROGRESS. SO WE HAVE TO SHOW THAT WE'RE CONTINUOUSLY REMEDIATING, REMEDIATING THESE BARRIERS AND ASSESSING. SO AS LONG AS WE SHOW THAT CONTINUOUS PROCESS THAT MEETS COMPLIANCE, BUT THERE'S NO CODIFIED IN BOOK IN ON THAT THAT SAYS, HEY, WITHIN TEN YEARS OF THIS REPORT, EVEN THOUGH YOU'VE BEEN SHOWING PROGRESS, IT SHOULD ALL BE DONE, RIGHT? CORRECT? NO. SO THERE'S AN INITIAL TIME FRAME, LIKE STEPHANIE SAID, SET BASED ON THE BARRIERS THAT ARE IDENTIFIED. BUT FROM THERE, REALLY IT IS THE THE COMMITMENT IS TO SHOW REGULAR PROGRESS AND THEN TO UPDATE THE PLAN ON A REGULAR INTERVAL. THAT INTERVAL IS TYPICALLY 3 TO 5 YEARS. AND AS PART OF THAT UPDATE PROCESS, IT DOESN'T MEAN THAT YOU WOULD NEED TO REEVALUATE ALL THE FACILITIES FOR COMPLIANCE AGAIN, BUT RATHER REFLECT ON THE IMPLEMENTATION TIME FRAME. IF WE SET 20 YEARS, FOR EXAMPLE, IS THE PROGRESS MADE OVER FIVE YEARS REPRESENTATIVE TOWARDS THAT 20 YEAR HORIZON? AND IF NOT, THE CITY AT THAT TIME IS ABLE TO READJUST THAT HORIZON TIME FRAME. AS LONG AS YOU ARE SHOWING THAT CONTINUAL PROGRESS. OKAY. THANK YOU. ANYONE ELSE? MOTIONS. MAKE A MOTION TO APPROVE. MOTION MADE BY MAYOR PRO TEM WICKLIFFE TO APPROVE. SECOND BY COUNCILMAN WEAVER. PLEASE VOTE. ITEM PASSED 7 TO 0. THANK YOU. STEPHANIE. I'M GOING TO THROW OUR YMCA FRIENDS A BONE AND SKIP AHEAD TO ITEM 2026 333 SO THAT'S THE SECOND PAGE ON YOUR AGENDA. COUNCIL MEMBERS, CONSIDER AN ACT AUTHORIZING THE CITY MANAGER TO ENTER INTO A GROUND LEASE AND LICENSE AGREEMENT WITH THE MIDLOTHIAN INDEPENDENT SCHOOL DISTRICT. CHRIS. THANK YOU, MAYOR AND COUNCIL. I KNOW THIS HAS BEEN A LONG TIME COMING, BUT SO WE HAVE SOLIDIFIED AGREEMENTS. THIS FIRST ONE IS THE MISD GROUND LEASE. SO THIS WOULD ACTUALLY LEASE THE 75 YEAR LEASE ON THE PROPERTY THAT IS JUST ADJACENT TO THE MIS STADIUM. SO IT'S YOU GOT THE RIGHT NEXT TO THE PARKING LOT. AND SO IT'S BORDERED BY THE PARKING LOT AND 14TH STREET. THIS IS A 75 YEAR AGREEMENT. THE MISD BOARD PASSED THIS LAST NIGHT WITH ONE STIPULATION. AND I HANDED THIS OUT EARLIER. THEY WANT TO ADD A SECTION. IT'S ACTUALLY 601 F WHICH IS JUST A COMMENCEMENT SCHEDULE. IT MAKES SENSE THAT THEY WANT THE THE BUILDING TO BE NOT ONLY COMMENCE CONSTRUCTION, BUT ALSO BE SUBSTANTIALLY COMPLETE. SO WE LAID OUT SOME TIME FRAMES FOR THAT. OUR INTENT IS TO BE WAY AHEAD OF THIS TIME FRAME, BUT THEY DO NEED TO PUT A, SOME KIND OF END DATE BECAUSE THIS IS A 75 YEAR AGREEMENT. THEY DON'T WANT TO LOOK UP IN 70 YEARS AND SAY NOTHING WAS EVER BUILT, AND WE STILL HAVE A LEASE ON THE PROPERTY. SO AGAIN, I THINK IT MAKES PERFECT SENSE. SO WE DID ADD SECTION F TO THE AGREEMENT WITH THAT. THE THE FOLLOW UP ITEM IS OUR ACTUAL AGREEMENT WITH THE YMCA. THAT'LL BE THE NEXT ITEM. BUT THAT IS THE OPERATIONS PORTION OF THE AGREEMENT. BUT THIS JUST KIND OF LAYS OUT THE STIPULATION WITH THE ISD. AND IT DOES SET UP THEIR USE FOR THEIR SWIM TEAM AND THE WATER SPORTS, THEIR USE OF THAT FACILITY IN EXCHANGE FOR THE PROPERTY AND THE PARKING. THANK YOU. CHRIS. THAT'S A VERY HIGH LEVEL. I'LL ANSWER ANY QUESTIONS. ANYBODY SIGNED UP TO SPEAK COUNCIL? IT MIGHT BE A STRUGGLE, BUT TRY TO SEPARATE IN YOUR MIND AND YOUR LINE OF QUESTIONING, SCHOOL DISTRICT INVOLVEMENT VERSUS THE NEXT AGENDA ITEM, WHICH WILL BE YMCA INVOLVEMENT. SO DO YOUR BEST TO NAVIGATE THAT. ROSS. I JUST HAVE A MOTION. OKAY. CASEY, WE'RE DOING QUESTIONS ON THIS ONE. QUESTIONS? YES. WELL, I GUESS, YOU KNOW, AS I ASKED THIS ONE YESTERDAY, I DON'T MIND ASKING IT AGAIN JUST SO Y'ALL HEAR IT. YOU KNOW, OBVIOUSLY THIS OUTLINES THAT MISD HAS HOW DO I WORD IT? EXCLUSIVE USE OF THE STADIUM PARKING PRIMARILY. SO I KEEP THINKING, YOU KNOW, DO WE HAVE A BACKUP PARKING PLAN WHEN WE HAVE A, YOU KNOW, OBVIOUSLY WE WANT RECREATIONAL USE FOR THIS, BUT THEN ALL OF A SUDDEN WE'VE GOT A BIG BAND COMPETITION GOING ON ON SATURDAY, THERE'S A U.I.L NATATORIUM EVENT TAKING PLACE. I JUST WANT TO MAKE SURE WE'RE THINKING THROUGH A PLAN TO ENSURE THAT THERE IS THAT ACCESSIBILITY DURING THESE PEAK TIMES AT THE STADIUM. SO. WELL, YOU'RE RIGHT, THERE ARE SOME EXCLUSIVE USE OF THE PARKING FOR MISD, WHICH IS BASICALLY VARSITY FOOTBALL GAMES AND THE TWO BAND COMPETITIONS EVERY YEAR, PART OF THAT SCHEDULING. SO I HOPE THAT THEY WILL NOT SCHEDULE ONE OF THOSE BAND COMPETITIONS ON THE SAME DATE
[2:00:02] AS A U.I.L SWIM COMPETITION. BUT THERE IS A SCHEDULING COMMITTEE THAT IS LAID OUT IN HERE. SO THAT WOULD BE ONE OF THE THINGS THAT WE NEED TO LOOK AT BETWEEN THE Y, THE CITY AND THE M ISD IS WHEN WE SIT DOWN AND LOOK AT THAT SCHEDULE, MAKE SURE WE'RE NOT OVERLAPPING THOSE TWO. YEAH, JUST FOR COMMUNITY MEMBERS THAT ARE LISTENING TO THAT, THERE'S VERY SPELLED OUT SCHEDULING COMMITTEE THAT'S PUT INTO PLACE WITH VARIOUS ENTITIES TO ENSURE THAT, YOU KNOW, THERE'S NOT A LOT OF THAT OVERLAP. I JUST WANT TO MAKE SURE WE'RE DEFINITELY KEEPING THAT CONVERSATION. OBVIOUSLY, THIS IS A 75 YEAR AGREEMENT. DO Y'ALL HAVE IT SPELLED OUT? WHAT HAPPENS TO THE OWNERSHIP OF THE FACILITY AFTER THAT 75 YEARS? IT DOES. IT WOULD THERE'S YOU CAN EITHER IF THE BUILDING NEEDS TO BE TORN DOWN AND PUT BACK, YOU KNOW, THE GROUND RESTORED TO WHAT IT IS, THERE'S THAT IT COULD JUST END UP GOING BACK TO THE ISD IF THE BUILDING IS STILL FUNCTIONAL. SO THERE ARE PROVISIONS FOR HOW THAT PLAYS OUT AT 75 YEARS. I'LL LET Y'ALL KNOW HOW THAT GOES. I'LL STILL BE AROUND, I WON'T. SO THANK YOU. CLARK. I DON'T KNOW IF I'LL BE HERE. SO MY LAST QUESTION OR MY ONLY QUESTION WAS THE ONE CASEY JUST ASKED. BUT I MEAN, IS THERE A PROVISION IF THE CITY WANTED TO KEEP IT, THAT THEY COULD JUST KEEP THE BUILDING AND RENEW THE LEASE OR PURCHASE THE LAND? YEAH. WE COULD. YEAH. AT THE END OF 75 YEARS, THAT IS AN OPTION TO RENEGOTIATE AND EXTEND THE LEASE. SO IT WAS ORIGINALLY A 99 YEAR LEASE, BUT I THINK THERE WAS SOME PROVISIONS IN LAW THAT HAD TO PULL IT BACK TO 75. OKAY. SO BUT YES, THERE THAT WOULD BE AN OPTION TO RENEGOTIATE. OKAY. YEAH. BECAUSE I THOUGHT IN THE BEGINNING THEY WERE GOING TO SELL THE LAND TO US. SO I DIDN'T KNOW HOW WE GOT TO THE WHOLE LEASE THING. I KNOW IT'S, IT'S DIFFICULT, MORE DIFFICULT FOR ISD'S TO SELL PROPERTY. I THINK THAT'S WHY THEY WANTED TO GO WITH THE LEASE INSTEAD OF THE SALE. OKAY. THANK YOU. ROSS, YOUR MOTION. MAKE A MOTION TO APPROVE. SECOND MOTION MADE TO APPROVE BY COUNCILMAN WEAVER. SECONDED BY MAYOR PRO TEM WICKLIFFE. PLEASE VOTE. ITEM PASSES 7 TO 0 ALONG THE SAME LINE OF THOUGHT. ITEM 2026 334. CONSIDER AN ACT AUTHORIZING THE CITY MANAGER TO EXECUTE A RECREATION CENTER LEASE AND OPERATIONS AGREEMENT WITH THE YMCA OF METROPOLITAN DALLAS. THANK YOU. AS STATED, THIS SETS UP. THE YMCA IS THE OPERATOR OF THE FACILITY. IT ALSO STIPULATES THEIR CONTRIBUTION TO THE FACILITY. SO THEY'RE THEY'RE WILLING TO PUT IN $3 MILLION TOWARDS CONSTRUCTION AND ANOTHER MILLION DOLLARS TOWARDS THE F, F AND E, SO THAT WOULD WITH WITH THE FUNDS THAT WE HAD FROM THE BOND, PLUS THEIR MONEY WOULD BE BASICALLY A $22 MILLION CONSTRUCTION BUDGET, PLUS $1 MILLION OF F, F AND E AGAIN, THEY WOULD BE THE OPERATOR. IT SETS OUT THE INITIAL LEASE TERM OF 20 YEARS, AND THEN THEY'VE GOT 210 YEAR RENEWAL OPTIONS TO RUN THIS. IF THIS ALL GETS APPROVED BETWEEN THE CITY AND THEN THE ISD AND THE YMCA WOULD HAVE REVIEW OF THE PLANS. OUR NEXT STEP WOULD BE TO GO OUT FOR AN RFP TO GET A DESIGN BUILD COMPANY TO ACTUALLY START CONSTRUCTION ON THE FACILITY, BUT THIS IS BASICALLY FOR THEM TO THE YMCA TO OPERATE AND RUN THE FACILITY ON THE DAY TO DAY BASIS. OKAY. THANK YOU. ANYBODY SIGNED UP TO SPEAK? I'D JUST LIKE TO HIGHLIGHT THE $19 MILLION INVESTMENT WAS VOTER APPROVED BONDS BACK IN 2021. AND THE ALSO I NOTICED WITHIN THE CONTRACT, THERE'S A, I BELIEVE A 20% DISCOUNT FOR RESIDENTS OF MIDLOTHIAN THAT THEY'LL RECEIVE SHOULD THEY DECIDE TO JOIN THE YMCA, THEY'LL GET A DISCOUNT, GET DISCOUNTED RATE. ONE QUESTION I DID HAVE WAS IF THE CITY GETS ANY POSITIONS ON THE LOCAL GOVERNING BOARD OR LOCAL RECOMMENDING BOARD WITHIN THE YMCA, THE LOCAL YMCA, BOARD OF WHATEVER EXECUTIVES. AND YEAH, THERE'S TWO POSITIONS ON THE ADVISORY BOARD, AND I HOPE I'M STATING THAT CORRECTLY. SCHOOL DISTRICT. OKAY, SO FOUR TOTAL, FOUR LOCAL, TWO FOR THE CITY, TWO FOR THE SCHOOL. THANK YOU. COUNCIL QUESTIONS ON THIS CONTRACT. I DO WANT TO TAKE A MOMENT AND PUBLICLY THANK COUNCILMAN WEAVER AND FORMER COUNCIL MEMBER MOORMAN, WHO I BELIEVE WERE ON A SUBCOMMITTEE SERVING TO ADVOCATE FOR ON BEHALF OF THE COUNCIL. AS WE WENT BACK AND FORTH WITH THESE CONTRACT NEGOTIATIONS, AS WELL AS APPRECIATION FOR STAFF, I KNOW IT'S BEEN A LONG PROCESS TO GET US TO THIS POINT. ANY QUESTIONS ON THIS MOTION? MOTION MADE TO APPROVE BY COUNCILMAN SHEFFIELD. SECONDED BY COUNCILMAN WEAVER. PLEASE VOTE. ITEM PASSES 7 TO 0. ALL RIGHT, LET'S GET IT BUILT BY TOMORROW. OKAY. BACKING UP ON OUR AGENDA. TO ITEM 2026 331. CONSIDER AN ACT UPON AN
[2:05:12] ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER ONE, TITLED GENERAL PROVISIONS AND AMENDING ARTICLE 1.10, TITLED ELECTIONEERING AT POLLING LOCATIONS ON CITY OWNED PROPERTY BY AMENDING SECTION 1.10.003 REGULATIONS FOR POLITICAL SIGNS AND DESIGNATED POLLING PLACES AND AMENDING STRUCTURED PERMITTED AREAS BY AMENDING ILLUSTRATION NUMBER 1.10.001, THERE'S ILLUSTRATION 1.1, 0.001-1 GOVERNMENT. SO. BUT THIS IS REALLY TO CLEAN UP SOME OF THE ELECTIONEERING THAT IS TAKING PLACE AT THE CONFERENCE CENTER. AT THE REQUEST OF THE ELLIS COUNTY ELECTIONS OFFICE. AND YOU DO HAVE A RED LINE VERSION AS WELL AS THE ORIGINAL VERSION IN THERE, IF YOU'D LIKE. I'LL JUST RUN THROUGH IT REAL QUICK. SO SIGNS MAY ONLY BE PLACED WITHIN DESIGNATED AREAS AS SHOWN IN THE AFOREMENTIONED ILLUSTRATION. NO MORE THAN TWO POLITICAL SIGNS FOR EACH CANDIDATE POLITICAL PARTY, OR AGAINST EACH MEASURE, FOR OR AGAINST EACH MEASURE, MEASURE AS OR INSERTED INTO THE GROUND SHALL BE PLACED OR INSERTED IN THE GROUND. THIS TUCSON LIMIT IS NOT INTENDED TO APPLY TO T SHIRTS WORN BY PERSONS PARTICIPATING IN ELECTIONEERING. NOW, IF YOU LOOK AT THREE A SIGN FACE AREA, POLITICAL SIGNS SHALL NOT BE NOT EXCEED TWO BY TWO, TWO FOOT BY TWO FOOT, OR BE TALLER THAN FOUR FOOT FROM THE GROUND. POLITICAL SCIENCE CAN'T BE PLACED ANY EARLIER THAN 72 HOURS PRIOR TO THE EARLY FIRST DAY OF EARLY VOTING, AND MUST BE REMOVED WITHIN 72 HOURS AFTER ELECTION DAY. IF YOU GO DOWN TO FOUR C DURING THE VOTING PERIOD, NO VEHICLES THAT ARE BEING USED FOR ELECTIONEERING OR CAMPAIGN PURPOSES MAY REMAIN ON CITY OWNED PROPERTY THAT HAS BEEN DESIGNATED AS A POLLING PLACE BETWEEN THE HOURS OF NINE AND FIVE. WE'VE HAD A LOT OF JUST QUESTIONS ON THAT OVER THE PAST SEVERAL ELECTIONS. C ONE, EXCUSE ME, NO POLITICAL SIGN MAY BE PLACED, HELD, ERECTED OR OTHERWISE SITUATED IN ANY CITY OWNED PROPERTY IS SUCH THAT THE CITY OBSTRUCTS VISION FOR TRAFFIC ENTERING, EXITING OR DRIVING IN ON OR AROUND CITY OWNED POLLING PLACE, LOCATION, AND ANY POLITICAL SIGN IN VIOLATION OF THESE REGULATIONS MAY BE REMOVED WITHOUT NOTICE AND STORED BY THE ELLIS COUNTY OR, I'M SORRY, THE CITY OF MIDLOTHIAN CODE ENFORCEMENT OFFICES. THEY MAY BE RETAINED DURING NORMAL BUSINESS HOURS, BUT IF THEY'RE THERE FOR OVER 30 DAYS, THEY ARE DISPOSED OF. SO I THINK THAT THAT IS THE GIST OF THIS, THE EDITS TO THIS AGREEMENT, AND I'LL TRY TO ANSWER ANY QUESTIONS. THANK YOU. ANY PUBLIC SPEAKERS? OKAY, CASEY. NOW, MY ONLY QUESTION, NOT NECESSARILY THE EVERYTHING YOU PUT IN PLACE HERE, BUT, YOU KNOW, OBVIOUSLY WITH UPCOMING ELECTIONS COMING UP, HOW ARE WE PLANNING TO COMMUNICATE THE NEW GUIDELINES TO EITHER THE CANDIDATES OR EVEN SOME OF THE CAMPAIGNS PRIOR TO, YOU KNOW, I BELIEVE WHEN ALL COUNCIL CANDIDATES SIGN UP, THEY GET A LIST OF REGULATIONS, EVERYTHING. I DON'T KNOW THE ANSWER TO THAT QUESTION. WHAT'S THAT? I DON'T KNOW THE ANSWER TO YOUR QUESTION, BUT WE DO HAVE IMMEDIATELY YEAH, WE DO HAVE A PACKET THAT WE HAND OUT TO THOSE THAT ARE RUNNING FOR ELECTION. SO WE COULD WORK WITH TAMMY TO GET THAT PACKET OF INFORMATION OUT. AND IT INCLUDES MORE THAN JUST THIS ORDINANCE, INCLUDES SOME OF OUR RIGHT OF WAYS AND WHERE SIGNAGE CAN BE PLACED. SO WE WILL GIVE THAT PACKET. I WANT TO MAKE SURE THAT COMMUNICATION BEFORE THE ENFORCEMENT STARTS, RIGHT, THAT THEY AT LEAST HAD THE INFORMATION BEING PRESENTED TO THEM. YEAH. I KNOW OUR OUR CODE ENFORCEMENT ARE VERY GOOD AT WORKING WITH THE ELECTED OFFICIALS AND PEOPLE OUT THERE ELECTIONEERING AND EVERYTHING AND KEEPING THEM ABREAST OF THE LAW AND OUR REQUIREMENTS. OKAY. THANK YOU SIR. OKAY. ANY MOTIONS OR COMMENTS? CLERK MOTION. I'LL TAKE IT. MOVE TO APPROVE. MOTION MADE TO APPROVE BY MAYOR PRO TEM WICKLIFFE. SECONDED BY COUNCILMAN CHESHIRE. PLEASE VOTE. ITEM PASSED 7 TO 0. THANK YOU, CLYDE. AND OUR FINAL ITEM. NOPE. SORRY, NOT OUR FINAL ITEM. I'M AHEAD OF MYSELF. ITEM 2026 332 CONSIDER AN ACT UPON A PROFESSIONAL SERVICE AGREEMENT WITH KSA ENGINEERS, INC. FOR THE AMOUNT OF $143,235 FOR DESIGN AND BIDDING SERVICES ASSOCIATED WITH THE PROPOSED BOX HANGER DEVELOPMENT AT MIDWAY REGIONAL AIRPORT. THANK YOU, MAYOR COUNCIL, AS YOUR. THE SUMMARY SAYS, WE MET BACK ON JUNE 4TH OF 2026 WITH THE WAXAHACHIE CITY COUNCIL JOINT MEETING TO DISCUSS VARIOUS OPTIONS WE HAVE FOR DEVELOPMENT AT THE AIRPORT. THE. THE KIND OF. THE COLLECTIVE GIST WAS LET'S MOVE FORWARD, GET A CONTRACT FOR DESIGNING SOME AIRPLANE HANGARS AND THIS IS THE AREA. THIS IS THE TERMINAL BUILDING HERE ON THE AIRPORT. OF COURSE, THE RUNWAY AND
[2:10:03] TAXIWAY ARE OVER HERE TO THE TO THE RIGHT. THIS IS SIX BOX HANGARS, APPROXIMATELY 45 BY 45 THROUGHOUT HERE. THIS WAXAHACHIE DID APPROVE THEIR PORTION OF THE CONTRACT LAST NIGHT. THE TOTAL IS $143,235, WHICH BRINGS OURS TO $71,617.50. OH YEAH. SO THAT'LL THAT'LL GET THE DESIGN OF EVERYTHING. IT WAS MORE IN THE PAST, BUT THAT HAD CONSTRUCTION, ADMINISTRATION, THINGS LIKE THAT. ON THAT. WE HAD THEM STRIPPED THAT OUT OF THERE SO THAT IF WE CHOOSE TO GO ALONG WITH THIS AND GO TO BUILD THE HANGARS, SOME OF THE PORTION OF THAT PART OF THE CONTRACT WOULD COME FORWARD WITH THE ACTUAL BUILD IN THE FUTURE. SO, AND JUST AS A POINT OF REFERENCE AND JUST CURIOSITY, THE THE OPINION PROBABLE COST ON THIS BUILDING IS APPROXIMATELY $3 MILLION, WHICH WOULD BE. BUT THIS THIS CONTRACT, I'M SORRY, IS JUST FOR THE DESIGN OF THAT. SO WITH THAT, I'LL TRY TO ANSWER ANY QUESTIONS. YOU SAID YOU I'M SORRY, DID ANYBODY SIGNED UP TO SPEAK ON THIS? OKAY. THANK YOU. DID APPROVE? YES, SIR. LAST NIGHT. YEAH. OKAY. ROSS, THERE ARE THREE ALTERNATE LAYOUTS. LOOKS LIKE THE SECOND TWO. I CAN'T REALLY TELL TOO MUCH DIFFERENCE BETWEEN. THE FIRST ONE IS SEVEN UNITS IN SMALLER BOXES. SO ARE WE. ARE WE PICKING AN ALTERNATE THAT WE LIKE BEST, OR ARE WE JUST. I THINK. IT LOOKS LIKE. SO ALTERNATE ONE IS SEVEN BOX HANGARS THAT ARE 45 BY 45. ALTERNATE TWO IS 50 BY 52FT, BUT HAS STILL RETAINS THE PARALLEL PARKING. AND THE LAST ALTERNATE REMOVES THE PARALLEL PARKING BUT EXPANDS THE SIZE OF THE BOX HANGARS. I THINK WHAT WE'D PROBABLY DO IS RETAIN THE PARALLEL PARKING, BECAUSE WE'RE IN DESPERATE NEED OF THE PARALLEL PARKING OUT THERE. SURE, BUT THERE ARE TWO OPTIONS THAT THAT STILL RETAIN THAT ONE. IT'S ESSENTIALLY SEVEN BOXES, THE OTHER ONES, SIX BOXES. BUT I WOULD THINK WE'D WANT SIX TO HAVE AS LARGE A BOX AS POSSIBLE. YEAH. OUT THERE. BUT I MEAN, THAT WOULD BE MY, MY RECOMMENDATION, YOU KNOW, FROM MY CONVERSATION WITH AIRPORT BOARD IS THE, THE ALTERNATE TWO THAT STILL ALLOWS FOR SOME ADDITIONAL PARKING SPACES DIRECTLY BEHIND THE BOX HANGARS AND THEN PROVIDES FOR SIX LARGER BOXES BECAUSE THAT ALLOWS FOR MORE FLEXIBILITY IN THE TYPE OF AIRCRAFT THAT CAN BE STORED IN THERE. OKAY, THAT'D BE GREAT IF YOU'D MADE THAT IN THE MOTION. I WOULD LOVE TO. THIS MIGHT BE ONE TO USE SINCE YOU SERVE THE AIRPORT BOARD. I MEAN, DO WE CURRENTLY HAVE THIS HIGH ENOUGH DEMAND WAITING LIST? WE HAVE A WAITING LIST THAT IS LARGE ENOUGH TO THAT SHOULD FILL ALL OF THESE THE DAY THAT WE HAVE A CEO. FANTASTIC. THANK YOU. ANY OTHER QUESTIONS BEFORE ROSS'S MOTION? ROSS. I'LL MAKE A MOTION TO APPROVE WITH THE PREFERENCE BEING ALTERNATE TWO IN THE LAYOUTS MOTION MADE BY COUNCILMAN WEAVER, SECONDED BY MAYOR PRO TEM WICKLIFFE. PLEASE VOTE. ITEM PASSES 7 TO 0. COUNSEL FOR ITEM 335 AND TO CARRY US INTO EXECUTIVE SESSION ON THE. TURN IT OVER TO THE MAYOR PRO TEM NOW OPENING 2026 335 CONSIDER AN ACT UPON A RESOLUTION AUTHORIZING THE BEARDED AX BREWERY 2026 OKTOBERFEST, AN EVENT HOSTED BY BEARDED BREWERY SCHEDULED FOR SATURDAY, OCTOBER 3RD, 2026. IN ACCORDANCE WITH THE WITH A SPECIAL EVENT PERMIT AS ESTABLISHED BY THE CITY OF MIDLOTHIAN ZONING ORDINANCE 2013-24. SO THIS IS FOR A SEP FOR THE BEARDED ACTS THAT WE'RE GOING TO HAVE AN OKTOBERFEST EVENT FROM APPROXIMATELY 11 A.M. TO 10 P.M. ON OCTOBER 3RD. AND REALLY, THIS IS FOR JUST SHUTTING DOWN AND CLOSING THE PARKING SPOTS THAT ARE DUE NORTH OF THAT BUILDING. SO ALONG AVENUE F, ONE TWO, THREE, FOUR, FIVE, SIX, APPROXIMATELY EIGHT PARKING SPOTS ALONG THERE. THEY WILL NOT BE CLOSING THE THE THE THROUGHPUT ON WEST AVENUE F AT ALL. IT'S JUST THOSE PARKING AREAS. AND I'LL TRY TO ANSWER ANY QUESTIONS THAT THE COUNCIL MAY HAVE. TAMMY. ANYBODY SIGN UP TO SPEAK COUNCIL ANY QUESTIONS AND OR MOTION TO APPROVE? I HAVE A MOTION BY COUNCILMAN WEAVER. YES. SECONDED BY COUNCILMAN SHEFFIELD. I DON'T HAVE A VOTE BUTTON. OH, THERE WE GO. PLEASE VOTE. ITEM PASSES 5 TO 0. COUNCIL. WE WILL GO INTO EXECUTIVE SESSION. THE CITY COUNCIL WILL CONVENE INTO EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SECTIONS OF THE TEXAS GOVERNMENT CODE EXECUTIVE SESSION. ITEMS ARE DISCUSSED IN CLOSED SESSION, BUT ANY AND ALL ACTION ARE TAKEN IN REGULAR OPEN SECTIONS TWO AND THREE OR JUST TWO, TWO AND THREE.
[2:15:04] SECTION 551.072 REAL ESTATE DELIBERATION REGARDING REAL PROPERTY TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY LOCATED WITHIN THE CITY LIMITS OF MIDLOTHIAN, TEXAS AND SECTION 551.87 ECONOMIC, ECONOMIC DEVELOPMENT DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT AND TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT. PROJECTS 26, OH NINE AND 2610. IT