MINUTES OF A REGULAR MEETING OFTHE GOVERNING BODY OFTHE CITY OF MIDLOTHIAN, TEXAS TUESDAY,SEPTEMBER 24, 2024  The City Council of the City of Midlothian convened in a Regular Meeting in the Council Chambers ofCity Hall, 104 West. Avenue E, with the meeting open to the public and notice ofs said meeting posted as prescribed by V.T.C.A., Government Code, Chapter 551, with the following  members present to-wit:  Justin Coffman Allen Moorman Mike Rodgers Anna Hammonds Clark Wickliffe Ross Weaver Wayne Shuffield  S S S $ $ $ $  Mayor  Councilmember Place 1 Councilmember Place 2 Councilmember Place 3 Mayor Pro Tem Place 4 Councilmember Place 5 Councilmember Place 6  REGULAR AGENDA 6:00 P.M.  CALL TO ORDER, PLEDGES, AND INVOCATION 2024-355 QUARTERLY BOARD LIAISON REPORT Council reported on recent activities for their respective boards.  Mayor Coffman called the meeting to order at 6:00 p.m. Councilmember Hammonds gave the  invocation and led in the pledges.  2024-356 CITY COUNCIL REPORT ON ITEMS OF COMMUNITY INTEREST. Council reported on current events and happenings within the community. Mayor Coffman recognized Belinda Wadsworth on her retirement after 12 years ofs service tot the City and presented aj proclamation to representatives of the Midlothian Police Department proclaiming October 1 as National Night Out Midlothian resident, Wayne Leubner, addressed Council expressing concerns about the rapid growth  2024.  2024-357 CITIZENS TO BE: HEARD and development in the community.  CONSENT AGENDA  2024-358 CONSIDER AND ACT UPON MINUTES FROM THE CITY COUNCIL 2024-359 CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO  MEETING OF SEPTEMBER 10, 2024.  ENTERINTO AN. AGREEMENT WITH ATKINS BROS EQUIPMENT CO., INC. FOR THE BUDGETED 2023-2024 UTILITY PROJECTS WITH A BASE BID OF $601,345.00 PLUS A 10% CONTINGENCY, FOR A TOTAL NOT TO EXCEED MIDLOTHIANTO-ENTERINTO-AN-AGREEMENTWTHEQUALISGROUP LLEPURCHASING-COOPERATIVE-AND-AUTHORIZETHECITY-MANAGER  AMOUNT OF $661,479.50.  2024-360 CONSIDER-AND-ACTUPON-A-RESOLUTIONTO-AUTHORIZETHECITYOF  TO-EXECUTE-ALLNECESSARY-DOCUMENTS.    2024-361 CONSIDER AND ACT UPON A RESOLUTION AMENDING THE 2024-362 CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING THE  AUTHORIZED REPRESENTATIVES FOR TEXPOOL.  CREEKSIDE MANOR. HAUNTEDHOUSE, AN: EVENTHOSTED BYMATT AND RHETA PRESSNELL, ON EACH FRIDAY AND SATURDAY FROM OCTOBER 4 TO 26, THURSDAY, OCTOBER 31, AND NOVEMBER 1 AND 2, 2024 FOR A TOTAL OF 11 DAYS, IN ACCORDANCE WITH A SPECIAL EVENT PERMIT AS ESTABLISHED BY THE CITY OF MIDLOTHIAN ZONING ORDINANCE 2013-24 AS. AMENDED, SECTION: 2.04 (USE TABLE) (CASE. NO. SEP17-2024). MIDLOTHIAN HGH SCHOOL ALUMNI ASSOCIATION HOMECOMING PARADE, SCHEDULED FOR WEDNESDAL, OCTOBER 2, 2024 IN ACCORDANCE- WITH-A-SPECIAL-EVENTPERMFF-AS-ESTABLISHED-BK THE-CHYOF-MIDLOTHIANZONING-ORDINANCE201324-AS-AMENDED, ORTREATAN-EVENTHOSTEDBY-STORMC.THEEVENTISSCHEDULED POR-SUNDAYOCTOBER-27,2024-1N-ACCORDANCE-WITHA-SPECIAL EVENTPERMITAS-ESTABLISHEDBYTHECHPYOF-MIDLOTHIANZONING ORDINANCE2013-24,AS-AMENDED,SECTION2.4USETABLE(CASE-NO.  2024-363 CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING: THE  SECTION2.04SEPI8-2024).  2024-364 CONSIDER-AND-ACTUPON-A-RESOLUTION-AUTHORIZINGTHETRUNK  SEP19-2024)  At the request of Councilmember Weaver, Items 2024-360, 2024-363 and 2024-364 were removed from the Consent Agenda. Mayor prot tem Wickliffe moved to approve the amended Consent. Agenda as presented. Motion was seconded by Councilmember Rodgers and carried unanimously (7-0). 2024-360 CONSIDER AND ACT UPON A RESOLUTION TO. AUTHORIZE THE CITY OF  MIDLOTHIAN TO ENTER INTO AN AGREEMENT WITH EQUALIS GROUP LLCI PURCHASING COOPERATIVE, AND AUTHORIZE THE CITY MANAGER  TO: EXECUTE ALL NECESSARY DOCUMENTS.  The Item was presented by Ann Honza. Mayor pro tem Wickliffe moved to approve Item 2024-360 as presented. Motion was seconded by Councilmember Weaver and carried unanimously (7-0). 2024-363 CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING THE  MIDLOTHIAN HIGH SCHOOL ALUMNI ASSOCIATION HOMECOMING: PARADE, SCHEDULED FOR WEDNESDAY, OCTOBER 2, 2024 IN ACCORDANCE WITH A SPECIAL EVENT PERMIT AS ESTABLISHED BY THE CITY OF MIDLOTHIAN ZONING ORDINANCE 2013-24 AS AMENDED,  SECTION 2.04 (CASE NO. SEP18-2024).  The Item was presented by Heather Dowell. Mayor pro tem Wickliffe moved to approve Item 2024- 363 as presented. Motion was seconded by Councilmember Weaver and carried unanimously (7-0). 2024-364 CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING THE TRUNK  OR TREAT AN: EVENT HOSTED. BY STORM FC. THE EVENTI IS SCHEDULED FOR SUNDAY, OCTOBER 27, 2024 IN ACCORDANCE WITH A SPECIAL EVENTI PERMIT AS ESTABLISHED BYTHE CITY OF MIDLOTHIANZONING ORDINANCE 2013-24, AS AMENDED, SECTION 2.04 (USE TABLE) (CASENO.  SEP19-2024    The Item was presented by Heather Dowell. Mayor pro tem Wickliffe moved to approve Item 2024- 363 as presented. Motion was seconded by Councilmember Hammonds and carried unanimously (7-  0).  PUBLICI HEARINGS  2024-365 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN  ORDINANCE FOR A SPECIFIC USE PERMIT (SUP) FOR A SECONDARY DWELLING" RELATING TO THE USE AND DEVELOPMENT OF LOT 5, BLOCK12, OF ASHFORD PRAIRIE ESTATES, COMMONLY KNOWN AS3651 SHILOH ROAD, CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS. THE PROPERTY IS PRESENTLY ZONED PLANNED DEVELOPMENT DISTRICT NO.15 (PD-15) AND IS LOCATED ON:+1.701 ACRES. (SUP14-2024-75)  Mayor Coffman opened the Public Hearing and the Item was presented by Leslie Regan. With no public input received, Councilmember Weaver moved to close the Public Hearing. Motion was seconded by Mayor pro tem Wickliffe and carried unanimously (7-0). Councilmember Hammonds moved to approve Item 2024-365 as presented. Motion was seconded by Councilmember Moorman 2024-366 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN  and carried unanimously (7-0).  ORDINANCE FOR A SPECIFIC USE PERMIT (SUP) AUTHORIZING AN EXCEPTION TO SECTION 4.6017 OF THE ZONING ORDINANCE RELATING TO BUILDING MONUMENT SIGNS INSTALLED ON LOT 1, BLOCK A OF ONCOR SOUTHWEST MIDLOTHIAN, COMMONLY KNOWN AS 5757 FORBES ROAD. THE PROPERTY IS PRESENTLY ZONED PLANNED DEVELOPMENT DISTRICT NO 169 (PD-169). (CASE NO. SUP17-2024-80)  Mayor Coffman opened the Public Hearing and the Item was presented by Leslie Regan. With no public input received, Mayor pro tem Wickliffe moved to close the Public Hearing. Motion was seconded by Councilmember Weaver and carried unanimously (7-0). Councilmember Weaver moved toa approve Item 2024-366 as presented. Motion was seconded by Councilmember Rodgers and carried 2024-367 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN  unanimously (7-0).  ORDINANCE AMENDING THE REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 98 (PD-98) BY AMENDING THE LANGUAGE INCLUDING BUT NOT LIMITED TO PARKING. THE PROPERTY IS GENERALLY LOCATED ON THE NORTHEAST CORNER OF SOUTH WALNUT GROVE ROAD AND FM 1387. (CASE NO. Z18-2024-74)  Mayor Coffman opened the Public Hearing and the Item was presented by Brian Guenzel. With no public input received, Councilmember Hammonds moved to close the Public Hearing. Motion was seconded by Councilmember Rodgers and carried unanimously (7-0). Councilmember Weaver moved to approve Item 2024-367, with the stipulation that parking spaces constructed on Lots 5, 6,9, and 10 shall be treated as shared parking, and cross access shall be provided among said lots. Motion was  seconded by Mayor pro tem Wickliffe and carried unanimously (7-0).    2024-368 CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN  ORDINANCE AMENDING THE USE AND DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 24 (PD-24) TO ALLOW TEMPORARY STORAGE CONTAINERS ON THE PROPERTY, BEING 27.71 ACRES OF LOT 1, BLOCK A, WALMART ADDITION, CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS., COMMONLY KNOWN AS 400 N.  HIGHWAY 67. (CASE NO. 226-2024-92)  Mayor Coffman opened the Public Hearing and the Item was presented by Brian Guenzel. With no public input received, Councilmember Weaver moved to close the Public Hearing. Motion was seconded by Mayor pro tem Wickliffe and carried unanimously (7-0). Councilmember Moorman moved to deny Item 2024-368 as presented. Motion was seconded by Mayor pro tem Wickliffe and 2024-369 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN  carried by a vote of6-1, with Mayor Coffman voting in opposition.  ORDINANCE ADOPTING "GUIDING OUR FUTURE - MIDLOTHIAN 2045 COMPREHENSIVE PLAN" UPDATING THE CITY OF MIDLOTHIAN COMPREHENSIVE PLAN, PURSUANT TO. CHAPTER 213 OF THE TEXAS LOCAL GOVERNMENT CODE, INCLUDING BUT NOT LIMITED TO, CITY VISION AND GUIDING PRINCIPLES, REVISIONSTOTHE: THOROUGHFARE PLAN AND FUTURE LAND USE PLAN, A COMPREHENSIVE PLANNING PROGRAM, AND OFFICIAL POLICY FOR THE FUTURE OF THE CITY.  (CASE NO. C01-2024-095)  Mayor Coffman opened the Public Hearing and Daniel Harrison of Freese and Nichols presented the Item. With no public input received, Councilmember Shuffield moved to close the Public Hearing. Motion was seconded by Councilmember Hammonds and carried unanimously (7-0). Following discussion, it was the consensus ofCouncil tol bring the Item back to the October 8 meeting fori further  review and discussion.  REGULAR AGENDA  2024-370 RECEIVE A PRESENTATION FROM JAMIE WICKLIFFE, HISTORIC  ADVISORY BOARD (HAB), REGARDING A PROPOSAL TO UTILIZE THE FIRE ADMINISTRATION BUILDING AS A MUSEUM AND WELCOME CENTER AND PROVIDE DIRECTION TO STAFF AS NECESSARY.  The Item was not discussed and will be brought back to a future Council meeting for consideration. 2024-371 CONSIDER AND ACT UPON A RESOLUTION OF CANDIDATE The Item was presented by Chris Dick. Mayor Coffman moved to nominate current EAD Board members, Walter Erwin, Dani Muckleroy, Rick Keeler, Rusty Ballard and David Hurst. Motion was 2024-372 CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO  NOMINATIONS FOR THE ELLIS APPRAISAL DISTRICT BOARD OF  DIRECTORS FOR THE YEAR 2025.  seconded by Councilmember Weaver and carried unanimously (7-0).  ENTER INTO AN AGREEMENT WITH KITCHING & CO. FOR THE HILLCREST GRAVITY SEWER RELIEF MAIN PROJECT IN A BASE BID AMOUNTOFS915,629.6,PLUSCONTINGENCYINTHE AMOUNT OF $40,000,  FOR. A TOTAL CONTRACT AMOUNT OF $953,629.68.  The Item was presented by Mike Adams. Councimember Moorman moved to approve Item 2024- 372 as presented. Motion was seconded by Councilmember Weaver and carried unanimously (7-0).    2024-373 CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO The Item was presented by Dale McCaskill. Councilmember Moorman moved to approve Item 2024- 373 as presented. Motion was seconded by Mayor pro tem Wickliffe and carried unanimously (7-0). 2024-374 CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO  ENTER INTO A SIX-MONTH CONTRACT WITHTHE CITY OF OVILLA FOR EMERGENCY MEDICAL SERVICES RESPONSE AND TRANSPORT.  ENTER INTO A MULTI-YEAR CONTRACT WITH ELLIS COUNTY EMERGENCY SERVICES DISTRICT NO. 2 (ESD) TO PROVIDE FIRE AND  EMS RESPONSE.  The Item was presented by Dale McCaskill. After returning from Executive Session, Councilmember Rodgers moved to approve 2024-374 with the stipulation that the City Manager negotiate and execute aone-year contract with Emergency Services Districtl No. 2. Motion was seconded by Councilmember Hammonds and carried by a vote of5-2, with Mayor pro tem Wickliffe and Councilmember Weaver Council moved to Executive Session at 8:38 p.m. for the purpose ofdiscussing Items 1, 2,3, 4 and. 5 with the following present: Mayor Coffman, Mayor pro tem Wickliffe, Councilmembers Moorman, Rodgers, Hammonds, Weaver and Shuffield; City Manager, Assistant City Manager, and City  voting in opposition.  Attorney. Kyle Kinateder and Mike Adams were present for their respective Items.  EXECUTIVE SESSION  1. SECTION 551.071(2) 2. SECTION 551.072 3. SECTION 551.087  LEGAL: CONSULTATION WITH CITY ATTORNEY ON ANY REAL ESTATE: DELIBERATION REGARDING REAL PROPERTY-TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY LOCATED WITHIN ECONOMIC DEVELOPMENT: (1) DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT AND/OR (2) TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT. PROJECTS 2403 AND 2406 PERSONNEL MATTERS: (A)(1) TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, REASSIGNMENT, OR DUTIES OF A PUBLIC OFFICER OR EMPLOYEE - PARKS CREW LEGAL: CONSULTATION WITH CITY ATTORNEY REGARDING INTERLOCAL AGREEMENT WITH ELLIS COUNTY FOR THE. APPROVAL OF PLATS PURSUANTTO LOCAL GOVT. CODE SECTION 242. 001(D).  AGENDA ITEM LISTED HEREIN.  THE CITYLIMITS OF MIDLOTHIAN, TEXAS.  4. SECTION 551.074 5. SECTION 551.071(2)  LEADER  Council reconvened in Regular Session at 10:03 p.m. with no action taken in Executive Session. 2024-375 ACTION RESULTING FROM EXECUTIVE SESSION,ITEM #1: LEGAL 2024-376 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #2: REAL: ESTATE  REGULAR: AGENDA  See Item 2024-374 above for action taken.    Councilmember Weaver moved to authorize the City Manager to negotiate and execute an agreement with Maria and Shawn Cook toj purchase (1)a0.112 acre tract: for street right-of-way, (2)a0.128 acre tract for a permanent water line easement and (3) a 0.121 acre tract for a temporary construction easement, out oft the A.W. Tucker Survey, Abstract No. 1096, in association with construction oft the Mockingbird Lane Roadway Project for aj purchase price of$42,500 plus payment ofall related closing costs. Additionally, to authorize the City Manager to execute on behalf of the City such additional documents as may be required by such agreement and the title company to close this transaction. Motion was seconded by Councilmember Shuffield and carried unanimously (7-0). 2024-377 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #3: ECONOMIC 2024-378 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #4: PERSONNEL Mayor pro tem Wickliffe moved to approve the employment of a Parks Crew Leader above the mid- point salary range. Motion was seconded by Councilmember Weaver and carried unanimously (7-0). 2024-379 ACTION RESULTING FROM EXECUTIVE SESSION,ITEM #5: LEGAL  DEVELOPMENT MATTERS  No action taken following Executive Session.  No action taken following Executive Session.  2024-380 ADJOURN  With there being no: further business to discuss, Mayor Coffman adjourned the meeting at 10:10 p.m.  ATTEST: Ge  Lhnes City Secretary  Justin  Mayor  FE