REGULAR MEETING LINDALE CITY COUNCIL TUESDAY, SEPTEMBER 17,2024,6 6:00P.M. CITY HALL, 105 BALLARD DRIVE  THE MEETING WAS CALLEDTO ORDER BY MAYOR GAVIN RASCO  COUNCIL MEMBERS PRESENT: BOB TARDIFF, SALLIE BLACK, AND GREG KILGORE. COUNÇIL MEMBERS ABSENT: JERRETTA NANCEPATE AND BRYAN SUMMERVILLE.  SALLIE BLACK: SAID THE INVOCATION ANDI MAYOR GAVIN RASCOI LED" THE PLEDGE OF ALLEGIANCE. PRESENTATIONS AND RECOGNITIONS: MAYOR RASCO RECOGNIZED THE KIWANIS CLUB OF HIDEAWAYLINDALE FOR THEIR GENEROUS DONATION OF $2,000 TO THE CITY TO BE UTILIZED IN THE PUBLIC HEARING TO RECEIVE COMMENTS ON THE 2024-2025 PROPOSED BUDGET. COUNCIL ENTERED INTOF PUBLIC HEARING 6:02 P.M. BEING NOPUBLICCOMMENTS. PUBLICI HEARING! ENDED 6:02P.M. PUBLIC HEARING TO HEAR COMMENTS ON THE PROPOSED PROPERTY TAX RATE OF .37512 PER $100 TAXABLE PROPERTY VALUE. COUNCIL ENTERED INTO PUBLIC HEARING 6:03 P.M. BEING NO PUBLIC DISCUSSION AND POSSIBLE ACTION TO APPROVE ORDINANCE ADOPTING A BUDGET FOR THE PERIOD BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025, REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. BOB TARDIFF MADE A MOTION TO APPROVE ORDINANCE 08-2024 ADOPTING A BUDGET FOR THE PERIOD BEGINNING OCTOBER I, 2024, AND ENDING SEPTEMBER 30, 2025, REPEALING ALL ORDINANCES OR PART OF ORDINANCE IN CONFLICT THEREWITH. SECONDED BY SALLIE BLAÇK, RECORD OF VOTE: BOBTARDIFFFOR. SALLIE BLACK FOR, AND GREG KILGORE DISCUSSION AND POSSIBLE ACTIONTO RATIFY THE PROPERTY TAX INCREASE AS REFLECTED IN THE BUDGET FOR THE FISCAL YEAR 2024-2025 AS REQUIRED BY LOCAL GOV. CODE SECTION 102.007. BOB TARDIFF MADE A MOTION TO APPROVE ORDINANCE 09-2024 RATIFYING THE PROPERTYTAX REFLECTED IN THE 2024-2025 BUDGET. SECONDED BY GREG KILGORE. RECORD OF VOTE: BOB TARDIFF FOR, SALLIE BLACK DISCUSSION ANDI POSSIBLE ACTIONTO APPROVE. AN ORDINANCE LEVYING AS AD VALOREM TAX RATE OF. .37512 FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF LINDALE FOR THE BUDGET YEAR 2024-2025 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSES, CITY  E. F-1 F-2 F-3  DEVELOPMENTOFFAULKNER PARK.  COMMENTS. PUBLIC HEARING ENDED 6:03P.M.  FOR. MOTION CARRIED UNANIMOUSLY.  F-4  FOR, AND GREG KILGORE FOR. MOTION CARRIED UNANIMOUSLY.  F-5  WILLTAKE: SEPARATE VOTES.  A. ACTION TO APPROVE ORDINANCE LEVYING AN AD VALOREM TAX RATE OF .37512. BOB TARDIFF STATED,IMOVE THATTHE PROPERTY TAXI RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF. .37512, WHICH, IS EFFECTIVELY7.7 PERCENT INCREASE IN THE TAX RATE ADOPTING ORDINANCE 10-2024. SECONDED BY SALLIE BLACK. RECORD OF VOTE: BOB TARDIFF FOR, SALLIE BLACK FOR, AND GREG KILGORE FOR. MOTION CARRIED B. ACTION TO APPROVE A PORTION OF THE' TAX RATE' TO MAINTENANCE AND OPERATIONS AD VAL TAX RATE OF .178276. SALLIE BLACK MOTIONED TO APPROVE LEVYING A TAX RATE OF .178276 FOR MAINTENANCE AND OPERATIONS (M/O) FOR THE BUDGET YEAR 2024-2025, SECONDED BY BOB TARDIFF. RECORD OF VOTE: BOB TARDIFF FOR, SALLIE BLACK FOR, AND ACTION TO APPROVE A PORTION OF THE TAX RATE TO INTEREST AND SINKING AD VAL TAX RATE OF .196844. GREG KILGORE MOTIONED TO APPROVE LEVYING A TAX RATE OF .196844 FOR INTEREST AND SINKING (I&S) FOR THE BUDGET YEAR 2024-2025. SECONDED BY BOB TARDIFF. RECORD OF VOTE: BOB TARDIFF FOR, SALLIE BLACK FOR, AND GREG KILGORE  UNANIMOUSLY.  GREG KILGOREI FOR. MOTION CARRIED UNANIMOUSLY.  FOR. MOTION CARRIED UNANIMOUSLY.    F-6  PUBLICHEARING ONI PROPOSED REZONING OF PROPERTY DESCRIBED 501 N. MAIN. ST, LINDALE, SMITH COUNTY, TEXAS, LEGAL DESCRIPTION A0071 T. BURBRIDGE SURVEY, TRACT 8B S02, CONSIDERATION OF A CHANGE OF ZONING FROM' "MU-1 NEIGHBORHOOD MIXED-OSE DISTRICT" TO *MU- 3DOWNTOWN! MIXED-USE DISTRICT". COUNCIL ENTERED INTO PUBLIC HEARING 6:09 P.M. BEING NOI PUBLIC DISCUSSION AND ACTION TO APPROVE ZONING CHANGE REQUEST BY APRIL SMITH TO CHANGE THE ZONING OF THE ZONING OF A0071 T. BURBRIDGE SURVEY,TRACT 8B S02, LOCATED 501 N. MAIN ST., LINDALE, SMITH COUNTY, TEXAS FROM "MU-1 NEIGHBORHOOD MIXED USE DISTRICT" TO "MU-3 DOWNTOWN MIXED-USE DISTRICT". STEVEN LLOYD, DIRECTOR OF PLANNING AND DEVELOPMENT, INTRODUCED THE ITEM. THERE HAS NOT BEEN ANY PUBLIC RESPONSE REGARDINGTHE REZONING REQUEST ATTHE PLANNING AND: ZONING BOARD MEETINGS. THE PLANNING AND: ZONING BOARD UNANIMOUSLY DID NOT RECOMMEND REZONING TO THE CITY COUNCIL. GREG KILGORE MADE A MOTION TO FOLLOW THE PLANNING AND ZONING RECOMMENDATION TO DENY THE REZONING TO "MU-3 DOWNTOWN MIXED-USE DISCUSSION. ANDI POSSIBLE. ACTION' TO APPROVE THEI FINALI PLAT OF WOODCREST SUBDIVISION, BEINGI PART OF R.W. CHAPMANSURVEY. A-220, M.I MORRIS SURVEY A-672,CREATING: 24LOTS. LOCATED. AT 12752 FM-16 W LINDALE, SMITH COUNTY, TEXAS. STEVEN LLOYD, DIRECTOR OF PLANNING AND DEVELOPMENT, INTRODUCED THE ITEM. PROPERTY IS IN THE ETJ. THE PLANNING AND ZONING BOARD UNANIMOUSLY RECOMMENDED APPROVAL TO THE CITY COUNCIL. SALLIE BLACK MADE A MOTION TO APPROVE THE FINAL PLAT OF WOODCREST SUBDIVISION, BEING PART OF R.W. CHAPMAN SURVEY A-220, M. MORRIS SURVEY A-672, CREATING 24 LOTS. LOCATED AT 12752 FM-16 W LINDALE, SMITH COUNTY, TEXAS. DISCUSSION AND POSSIBLE ACTION TO AWARD BID FOR SANITARY SEWER MANHOLE IMPROVEMENTS. REA BOUDREAUX WITH BRANNON ENGINEERING INTRODUCED THE ITEM. THIS PROJECT CAME TO COUNCIL IN AUGUST. THE CITY ONLY RECEIVED ONE BID. THE BID WAS TOO HIGH. THE COUNCIL DENIED ALL THE BIDS AND WENT OUTTO BID AGAIN, BREAKING THE PROJECT INTO SMALLER PIECES. THE CITY ONLY RECEIVED ONE BID AGAIN FROM THE SAME BIDDER CAPPS-CAPCO. THE BID RECEIVED WAS CLOSE TO THE ENGINEERS' ESTIMATE. HE RECOMMENDS AWARDING THE BID TO CAPPS-CAPCO BID FOR $60,225.00. BOB TARDIFF MADE A MOTION TO AWARD THE BID FOR SANITARY SEWER MANHOLE IMPROVEMENTS TO DISCUSSION ANDI POSSIBLE ACTION TO ACCEPT WESTI LINDALE CROSSING US 69 TO IH 20 WATER LINE IMPROVEMENTS AND RELEASE. JDR CONTRACTING INC. RETAINER. REA BOUDREAUX WITH BRANNON ENGINEERINGI INTRODUCED THE ITEM. THIS PROJECT WAS PAID USINGI PART OF ARPA FUNDS. THE CONTRACT AMOUNT IS $1,258,439.00. THE COMPLETED CONTRACT AMOUNT IS $1,201,226.95, NET UNDERRUN IS $57,212.05. THE CITY HAS RECEIVED A LETTER OF COMPLETION FROM JDR CONTRACTING FOR THE WEST LINDALE CROSSING WATER LINE IMPROVEMENTS. GREG KILGORE MADE A MOTION TO ACCEPT WEST LINDALE CROSSING US 69 TO IH 20 WATER LINE IMPROVEMENTS AND RELEASE JDR CONTRACTING RETAINER OF DISCUSSION AND POSSIBLE ACTION REGARDING NOMINATION OF PERSON TO SERVE ON THE SMITH COUNTY9 9-1-1 COMMUNICATIONS DISTRICTBOARD OF MANAGERS. GREG KILGORE. MADE A MOTION TO NOMINATE GENE COTTLE TO SERVE ON THE SMITH COUNTY 9-1-1 COMMUNICATIONS DISTRICT BOARD OF F-12 DISCUSSION AND POSSIBLE ACTION TO APPROVE CITY PARKING LOTS AS A STOP FOR MOBILE SANTA. CAROLYN CALDWELL, CITY MANAGER, INTRODUCED THE ITEM. THE MOBILE SANTA HAS INCREASED THE SIZE OF THEIR TRAILER AND ARE UNABLE TO USE THE SAME STOP POINT AS THEY HAVE IN EARLIER YEARS. THEY WOULDLIKE THE OPTION" TO USE CITY PARKING LOTS. THE PARKING WOULD BE USED ATI NIGHT BETWEEN THE HOURS 6-9 P.M., NORMALLY, THEY DO NOT STAY MORE THAN ONE HOUR IN ANY LOCATION. MOBILE SANTA DOES NOT CHARGE AND IT'S FREE TO THE COMMUNITY. THEY ARE FUNDED BY LOCAL BUSINESSES. BOB TARDIFFMADE. A MOTIONTO APPROVE MOBILE SANTATOUSECITYI PARKINGLOTSI FOR2024 AS A STOP POINT BETWEEN THE HOURS OF 6-9 PM, PROVIDED THEY DO NOT CHARGE. SECONDED BY SALLIE  COMMENTS. PUBLIC HEARINGI ENDED 6:09P.M.  F-7  DISTRICT". SECONDED BY BOB TARDIFF. ALL VOTEDI INI FAVOR.  F-8  SECONDED! BY GREG KILGORE. ALL VOTEDI INI FAVOR.  F-9  CAPPS-CAPCOFOR $60,225.00. SECONDED BY SALLIE BLACK. ALL VOTED INI FAVOR,  F-10  $60,061.35. SECONDED BY SALLIE BLACK. ALL VOTED INI FAVOR.  F-11  MANAGERS. SECONDED BY SALLIE BLACK. ALL VOTED INI FAVOR.  BLACK. ALL VOTED INI FAVOR.    F-20 DISCUSSION AND POSSIBLE ACTION TO APPROVE MINUTES OF SEPTEMBER 3, 2024, REGULAR COUNCIL MEETING. BOB TARDIFF MADE A MOTION TO APPROVE COUNCIL MINUTES OF SEPTEMBER 3, 2024, F-21 DISCUSSION AND POSSIBLE ACTION TO APPROVE AUGUST 2024 EXPENDITURES AND FINANCIAL REPORTS.. JILL CHILDS, FINANCE DIRECTOR, INTRODUCED THIS ITEM. WE ARECLOSINGTHE! FISCAL YEAR AND PREPARING FOR THE AUDIT. GREG KILGORE MADE A MOTION TO APPROVE AUGUST 2024 EXPENDITURES AND F-22 CITIZENTALK TIME: (TIMEI LIMIT5N MINUTES. NOI DISCUSSION BY COUNCIL), NONE.  REGULAR COUNÇIL MEETING. SECONDED BY SALLIE BLACK. ALL VOTED INF FAVOR.  FINANCIAL REPORTS. SECONDED BY SALLIE BLACK. ALL VOTED IN FAVOR.  G.  EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, CONSULTATION WITH ATTORNEY UNDER SECTION 551.071 OF THE TEXAS GOVERNMENT CODE TO RECEIVE ADVICE ONA SETTLEMENT OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) TO PURCHASE PROPERTY FROM THE CITY FOR THE IH20 EXPANSION PROJECT, AND PORSUANT TO SECTION 551.072 OF THETEXAS GOVERNMENT CODE TO DELIBERATE THE VALUE OF REAL PROPERTY. DELIBERATION INAN OPENI MEETING WOULDHAVEAI DETRIMENTAL EFFECT ONTHE POSITION OF THE CITY IN NEGOTIATIONS  WTMTADOTITEMTABLED  H. I.  POSSIBLEACTION: FROM EXECUTIVE SESSION. ITEM" TABLED.  ADJOURNMENT.6:47P.M.  33B 148 GAVIN RASCO,MAYOR  MOKCuRVIOA MICHELLE WIESE, CITYSECRETARY    F-13  DISCUSSION AND POSSIBLE ACTION TO APPOINTREAPPOINT THREE MEMBERS TO THE BOARD OF ADJUSTMENTS. CAROLYNCALDWELL, CITY MANAGER, INTRODUCED THE ITEM.THE BOARD ÇONSISTS OF FIVE MEMBERS WHO ARE REQUIRED TO BE RESIDENTS OF THE CITY OF LINDALE. THE MEMBERS ARE APPOINTED BY THE CITY COUNCIL FOR TWO YEAR TERMS. WE HAVE THREE POSITIONS UP TO APPOINTREAPPOINT. CAROLYN HAS RECEIVED ONE APPLICATION FROM JEFF DAUGHERTY WHO WOULDI LIKE TO SERVE ON THE BOARD. THIS BOARD IS A JUDICIAL BOARD AND THEIR DECISIONS ARE FINAL, UNLESS APPEALED TO Al HIGHER COURT. (GOVERNED BY STATE LAW). BOB TARDIFFMADEAI MOTION TO. APPOINTJEFF DAUGHERTY TO THE BOARD OF ADJUSTMENT. SECONDED BY SALLIE BLACK. ALL VOTED IN FAVOR. BOB MADE A MOTION TO REAPPOINT CRAIG SHINE AND MIKE RENFRO TO THE BOARD OF ADJUSTMENTS. F-14 DISCUSSION AND POSSIBLE ACTION TO APPROVE A RESOLUTION OF SUPPORT FOR THE LILLIE RUSSELL MEMORIAL LIBRARY. CAROLYN CALWELL, CITY MANAGER, INTRODUCED THE ITEM. THIS ITEM IS REFLECTED IN THIS YEAR'S BUDGET 2024-2025, THE LIBRARY NEEDS A RESOLUTION IN ORDER TO MAKE GRANT APPLICATIONS. SHANNON REID, EXECUTIVE DIRECTOR OF LILLIE RUSSELL MEMORIAL LIBRARY THANKED COUNCIL FOR THEIR SUPPORT. GREG KILGORE MADE A MOTION TO APPROVE RESOLUTION R15- 2024 OF SUPPORT OF THE LILLIE RUSSELL MEMORIAL LIBRARY FOR BUDGET YEAR 2024-2025. SEÇONDED BY DISCUSSION AND POSSIBLE ACTION TO APPROVE MAKING A GRANT APPLICATION TO BROOKSHIRE BROTHERS FOR TETHERED AERIAL DRONE. DAN SOMES, CHIEF OF POLICE, INTRODUCEDTHE ITEM. THE POLICE DEPARTMENT WOULDI LIKE TO MAKE. AN APPLICATION FOR A GRANT. THIS GRANT IS FROM BROOKSHIRE BROTHERS CHARITABLE FOUNDATION, FOR A TETHERED AERIAL DRONE. AFTER REQUESTING THIS GRANT, THEY REALIZED THERE WAS ANOTHER GRANT THAT IS THROUGH BROOKSHIRES THEY WOULD LIKE TO APPLY FOR AS WELL. THERE ARE TWO SEPARATE GRANTS. THEY ARE SEEKING A GRANT FOR $60,000 TO. ACQUIRE AN AERIAL TETHERED DRONE. THE DRONE WILL SIGNIFICANTLY BOLSTER THEIR OPERATIONAL CAPABILITIES OF CRIME SCENES AND SEARCHES. IT WILL ALSO ASSIST WITH INVESTIGATIONS AND CAN BE UTILITZED DURING PURSUITS. BOB TARDIFF MADE Al MOTION TO APPROVE AND AMEND THE RESOLUTION OF SUPPORT FOR MAKING A GRANT APPLICATION TO BROOKSHIRE BROTHERS CHARITABLE FOUNDATION AND BROOKSHIRES FOR A TETHERED ARIEL DRONE. SEÇONDED BY GREG KILGORE. ALL VOTED IN FAVOR. F-16 DISCUSSION AND POSSIBLE ACTION TO APPROVE TYLER TECHNOLOGY AS OUR CREDIT CARD PROVIDER FOR PAYMENTS AND ADDING PCI SERVICES. JILL CHILDS, FINANCE DIRECTOR, INTRODUCEDTHE ITEM. TYLER TECHNOLOGIES HAS A PRODUCT CALLED INCODE, WHICH IS OUR SOFTWARE USED FOR COMMUNITY DEVELOPMENT, COURT, AND WATER UTILITIES. THIS INCLUDES ALL PAYMENT TRANSACTIONS: HOWEVER, CREDIT CARD PAYMENTS ARE MANAGED THROUGH A 3RD PARTY, ELAVON. TYLER TECHNOLOGIES HAS INFORMED US THAT THEY WILL NO LONGER BE ABLE TO OFFER SUPPORT OF ELAVON PRODUCTS BEGINNING JANUARY 2025, WHICH COULD LEAD TO SUBSTANTIAL INTERRUPTIONS IN TRANSACTIONS AND POTENTIALLY INCREASE COST FOR SUPPORT CALLS AND REPAIR. TYLER TECHNOLOGY HAD ANTICIPATED THIS DISCONTINUATION AND CREATED A REPLACEMENT PRODUCT USING THEIR OWN SOFTWARE. BOB TARDIFF MADE A MOTION TO APPROVE TYLER TECHNOLOGIES AS OUR CREDIT CARD PROVIDER FOR PAYMENTS AND ADDING! PCI SERVICES. SECONDED BY GREGI KILGORE. ALL VOTED INFAVOR. F-17 DISCUSSION AND POSSIBLE ACTION TO APPROVE COUNCILMAN BRYAN SUMMERVILLES ABSENCE FROM SEPTEMBER 17, 2024, REGULAR COUNCIL MEETING AS AN EXCUSED ABSENCE. GREG KILGORE MADE A MOTION TO APPROVE COUNCILMAN BRYAN SUMMERVILLES ABSENCE FROM SEPTEMBER 17,2024, REGULAR COUNCIL MEETING AS ANI EXCUSED ABSENCE. SECONDED BY SALLIE BLACK. ALL VOTED IN F-18 DISCUSSION AND POSSIBLE ACTION TO APPROVE MAYOR GAVIN RASCO'S ABSENCE FROM OCTOBER 1, 2024, REGULAR COUNCIL MEETING AS EXCUSED ABSENCE. SALLIE BLACK MADE A MOTIONTO APPROVE MAYOR GAVIN RASCO'S ABSENCE FROM OCTOBER 1, 2024, REGULAR COUNCIL MEETING AS AN F-19 DISCUSSION AND ACTION TO APPROVE ORDINANCE AMENDING BUDGET YEAR 2023-2024. CAROLYN CALDWELL, CITY MANAGER, INTRODUCED THIS ITEM. THIS IS THE BUDGET AMENDMENTS FOR: 2023- 2024 BUDGET AND IS REQUIRED TO BE AMENDED PRIOR TO THE END OF THIS FISCAL YEAR. GREG KILGORE MADE A MOTION TO APPROVE ORDINANCE 11-2024 AMENDING THE CURRENT BUDGET YEAR 2023-2024.  SECONDED SALLIE BLACK. ALL VOTED IN FAVOR.  SALLIE BLACK. ALL VOTED INI FAVOR.  F-15  FAVOR.  EXCUSED ABSENCE. SECONDED BY GREGI KILGORE. ALLVOTEDINFAVOR.  SECONDED BY SALLIE BLACK. ALL VOTED INFAVOR.