MINUTES REGULAR CITY COUNCIL MEETING TUESDAY,ANUARY14, 2025 The City Council of the City of Midlothian convened in a Regular Meeting in the Council Chambers of City Hall, 215N. 8th Street, with the meeting open to the public and notice of 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 8 8 8 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. CALLTO ORDER, PLEDGES, AND INVOCATION Mayor Coffman called the meeting to order at 6:00 p.m. 2025-001 ANNOUNCEMEMENIS/PRESENTATIONS A. PROCLAMATION HONORING TERRELL POLICE OFFICER JACOB Mayor Coffman presented the proclamation to family members of Officer Candanoza. Pastor B. PROCLAMATION RECOGNIZING DR. MARTIN LUTHER KING, JR. DAYOF Mayor Coffman presented the proclamation to Pastor McClendon and other community members C. CITYCOUNCIL REPORT ON ITEMS OF COMMUNITY INTEREST. ANDREW CANDANOZA. Demetrius McClendon gave an invocation. SERVICE present. Council reported on current events and happenings within the community. 2025-002 CITIZENS TO BE HEARD Joy Keller addressed Council concerning issues with Spectrum Cable. Ronald Clayton addressed Council regarding a sewer back-up incident at his residence. Preston Gates addressed Council regarding interaction with Midlothian Police Department. CONSENT AGENDA 2025-003 A. CONSIDER AND ACT UPON MINUTES FROM THE CITY COUNCIL MEETINGS OF DECEMBER 10 AND 20, 2024. B. CONSIDER AND ACT UPON A RESOLUTION DESIGNATING THE MIDLOTHIAN MIRROR AS THE OFFICIAL NEWSPAPER AND THE AXAHACHIE DAILY LIGHT AND THE DALLAS MORNING NEWS AS THE ALTERNATE OFFICIAL NEWSPAPERS OF THE CITY OF C. CONSIDER AND-ACT UPON-A-RESOLUTION FOR THE ELLIS MIDLOTHIAN. APPRAISALDISTRICTFACIETIESRENOVATION: D. CONSIDERAND-ACTUPON-A-RESOLUTION-AUTHORIZINGAGRANT NTHE-AMOUNTOFS45,000-7O-BE-AWARDED-BYTHE-MEMIDLOTHIAN COMMUNIY-DEVELOPMENTCORPORATION-EMCDCDCOR-PYPE B-70-MIDLOTHAN-CHAMBER-OF-COMMERCE-TO-PROMIDE PROMOTIONALFUNDSFORSPONSORSHIPOPTHE2025.MIDLOFEST E. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGERTO EXECUTE A CONTRACT WITH AMT AUCTION MARKETING, LLC, (AUCTIONEER) TO AUCTION MISCELLANEOUS ITEMS THAT ARE OUTDATED, BROKEN OR BEYOND ECONOMICAL REPAIR, INCLUDING ITEMS LEFT INTHE FORMER CITY HALL FACILITY. F. CONSIDER AND ACT UPON THE PURCHASE OF TWO (2) NETWORK SWITCHES TO REPLACE AND UPGRADE THE SERVER NETWORK SWITCHES AT CITY HALL FOR $66,759.20 AND. A 10% CONTINGENCY OF $6,675.92 FOR A TOTAL OF $73,435.12. THE PURCHASE IS A PART OF THE CITY'S NETWORK MAINTENANCE PROGRAM AS G. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH MARION LEATHERS AND DARRYL HAYNES FOR THE PURCHASE OF A 0.225 ACRE TRACT OF LAND FOR RIGHT-OF-WAY PURPOSES BEING A PORTION OF A TRACT OF LAND CONVEYED BY DEED RECORDED INI INSTRUMENT NO. 2156428 OF THE OFFICIAL PUBLIC RECORDS OF ELLIS COUNTY, TEXAS IN CONSIDERATION OF A PURCHASE PRICE OF $39,500 IN ASSOCIATION WITH CONSTRUCTION OF THE MCALPIN ROAD ROADWAY PROJECT, PLUS PAYMENT OF ALL RELATED CLOSING COSTS, WITH THE CITY MANAGER BEING FURTHER AUTHORIZED TO EXECUTE ON BEHALF OFTHE CITYOF MIDLOTHIAN SUCH ADDITIONAL CLOSING DOCUMENTS AS MAY BE: REQUIRED BY SUCH AGREEMENT AND' THETITLE COMPANYAS H. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH HEIDI ANN AND ANTHONY LOUIS POLLONE FOR THE PURCHASE OF A 0.017 ACRE TRACTOFLAND: FOR RIGHT-OF-WAYPURPOSESLOCATED WITHIN THE JOHN H. JONES SURVEY, ABSTRACT NO. 586, CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS, AND BEING A PORTION OF LOT 24, MISSION HILL, AN ADDITION TO THE CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS IN CONSIDERATION OF A PURCHASE PRICE OF $10,000 IN ASSOCIATION WITH CONSTRUCTION OF THE MCALPIN ROAD ROADWAY PROJECT, PLUSPAYMENTOFALLRELATEDCLOSING COSTS, WITHTHECITY MANAGER BEING FURTHER AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY OF MIDLOTHIAN SUCH ADDITIONAL CLOSING DOCUMENTS AS MAY BE REQUIRED BY SUCH AGREEMENT AND' THE TITLE COMPANY AS NECISSARYTOCLOSE EVENT. APPROVED INTHE FY 2024-25 BUDGET. NECESSARY TO CLOSE THIST TRANSACTION. THIS TRANSACTION. I. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH CALEB AND CARRIE TANDY FOR THE PURCHASE OF A 0.172 ACRE TRACT OF LAND FOR RIGHT-OF-WAY PURPOSES LOCATED WITHIN THE MARTHA BRENAN SURVEY, ABSTRACT NO. 43 AND THE HOWELL SURVEY, ABSTRACT NO. 525, CITY OF MIDLOTHIAN, ELLIS COUNTY, TEXAS IN CONSIDERATION OF A PURCHASE PRICE OF $21,900 IN ASSOCIATION WITH CONSTRUCTION OF THE MCALPIN ROAD ROADWAY PROJECT, PLUS PAYMENT OF ALL RELATED CLOSING COSTS, WITH THE CITY MANAGER BEING FURTHER AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY OF MIDLOTHIAN SUCH ADDITIONAL CLOSING DOCUMENTS AS MAY BE REQUIRED BY SUCH AGREEMENT ANDTHETITLE COMPANY AS J. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT WITH OLIVER BILLINGSLEY OF MANCHACA, TEXAS FOR THE PURCHASE OF LOT 18, BLOCK 2 AND LOT 3, BLOCK 3, SKYLINE ACRES ADDITION, AN ADDITION TO THE CITY OF MIDLOTHIAN, ELLIS COUNTY,TEXAS,INCONSIDERATION OF A PURCHASE PRICE OF $8,000, PLUS PAYMENT OF ALL RELATED CLOSING COSTS. K. CONSIDER AND ACT UPON A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $280,000 FOR THE TOPOGRAPHIC SURVEY, PRELIMINARY DESIGN AND ENVIRONMENTAL EVALUATION OF L. CONSIDER-AND-ACTUPON-AUTHORIZINGTHECHPY-MANAGERTO ENTER INTO-AN-AGREEMENT WITH G.A.W. CONSTRUCTION SERMICES,LLCTOCONSTRLCTA35PPS-FFPARKINGLOTAND 2,900.PFSIDEWAEKAFHAWKINSSPINGPARKNOTTOEXCEED NECESSARYTO CLOSE THISTRANSACTION. THE MIDLOTHIANWAXAHACHIE REGIONAL TRAIL. $288,054.80. Items L, D and C were removed from Consent Agenda for separate consideration by Councilmember Hammonds, Mayor pro tem Wickliffe and Councilmember Weaver respectively. Councimember Hammonds moved to approve the amended Consent Agenda as presented. Motion was seconded by Councilmember Shuffield and carried unanimously (7-0). C. CONSIDER AND ACT UPON A RESOLUTION FOR THE ELLIS APPRAISAL DISTRICT FACILITIES RENOVATION. Kathy Rodrigue presented the Item. Councilmember Weaver moved to approve the Item with the stipulation that the expenditure for the renovations not exceed $75,000. Motion was seconded by Councilmember Rodgers and carried unanimously (7-0). D. CONSIDER AND. ACT UPON AJ RESOLUTION AUTHORIZING A GRANT INTHE AMOUNT OF $45,000 TOI BE. AWARDED BY THE MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION ("MCDC" OR "TYPE B") TO MIDLOTHIAN CHAMBER OF COMMERCE TO PROVIDE PROMOTIONAL FUNDS FORSPONSORSHIP OFTHE: 2025MIDLOFEST EVENT. The Item was presented by Melissa Boler. Mayor pro tem Wickliffe moved to approve the Item as presented, with the stipulation that the event remain in downtown Midlothian. Motion was seconded by Councilmember Rodgers and carried unanimously (7-0). L. CONSIDER AND ACT UFONAUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH G.A.W. CONSTRUCTION SERVICES, LLCTO CONSTRUCT A 25,000 SQ. FT PARKING LOT AND 2,00SQ.FTSIDEWALKATHAWKINS: SPRING PARKI NOTTOEXCEED $288,054.80. The Item was presented by Heather Dowell. Councilmember Hammonds moved to approve the Item as presented. Motion was seconded by Councilmember Moorman and carried unanimously (7-0). 2025-004 CONTINUE A PUBLIC HEARING FROM DECEMBER 10, 2024 AND PUBLIC HEARINGS CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN ZONING ORDINANCE, BY FURTHER AMENDING THE DEVELOPMENT AND USE OF 1.429+ ACRES OUT OF THE M.E.P. & P. RAILROADCOMPANYSURVEV,ABSTRACTNO.TGIANDLOCATEDINTHE COMMUNITY RETAIL ("CR") AREA OF PLANNED DEVELOPMENT DISTRICTNO.146 (PD-146); BYGRANTING, AS SPECIFICUSE PERMIT FOR. A GASOLINE STATION WITH RETAIL SALES. THE PROPERTY IS GENERALLY LOCATED BETWEEN U.S. HIGHWAY 287 AND OLD FORT WORTH ROAD. SUPII-2024-052) Mayor Coffman opened the Public Hearing and Mary Elliott presented the Item. Councilmember Weaver moved to close the public hearing. Motion was seconded by Mayor pro tem Wickliffe and carried unanimously (7-0). Councilmember Weaver moved to approve Item 2025-004 as presented. Motion was seconded by Councilmember Rodgers and carried unanimously (7-0). REGULAR AGENDA 2025-005 CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTERINTO. A PROFESSIONALSERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ZONING AND SUBDIVISION ORDINANCE REWRITE. The Item was presented by Mary Elliott. Councimember Weaver moved to approve Item 2025-005 as presented. Motion was seconded by Mayor pro tem Wickliffe and carried unanimously (7-0). 2025-006 CONSIDER AND DISCUSS AUTHORIZING BACK-PORCH THEATRE INC., TO UTILIZE HOTEL OCCUPANCY TAX (HOT) FUNDS FOR A PORTION OF RENTAL FEES FOR THE MIDLOTHIAN CONFERENCE CENTER AND DIRECT STAFF AS NECESSARY. The Item was presented by Councilmember Moorman. Mayor pro tem Wickliffe moved to authorize the expenditure of up to 75% utilization from the HOT funds to the Midlothian Conference Center: for the Back Porch Theatre to utilize for a portion of rental fees for one event in 2025 and four events in 2026, contingent upon completion of the application. Motion was seconded by Councilmember 2025-007 CONSIDER AND ACT UPON MOTOROLA SERVICE AGREEMENT INVOICE The Item was presented by Mike Weiss. Councilmember Moorman moved to approve Item 2025-007 as presented. Motion was seconded by Councimember Rodgers and carried unanimously (7-0). Hammonds and carried unanimously (7-0). FOR ALL DISPATCH CONSOLE MAINTENANCE BY ONE ADDITIONAL YEAR. AS BUDGETEDINTHE 2024-25 BUDGET. 2025-008 CONSIDER AND ACT UPON A FIRST AMENDMENT TO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH BGE, INC. FOR ADDITIONAL ENGINEERING-RELATED SERVICES ASSOCIATED WITH THE EAST LIFT STATION SANITARY SEWER SYSTEM EXPANSION IN THE AMOUNT $43,812. The Item was presented by Mike Adams. Mayor pro tem Wickliffe moved to approve Item 2025-008 as presented. Motion was seconded by Councilmember Hammonds and carried unanimously (7-0). 2025-009 CONSIDER AND ACT UPON A PROPOSAL FROM PURE TECHNOLOGIES U.S., INC. FOR A CONDITION ASSESSMENT OF THE CITY'S RAW WATER PIPELINE FROM JOE POOLLAKETOTHETAYMAN WATERTREATMENT PLANT IN THE AMOUNT OF $624,550 AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT FOR SERVICES. The Item was presented by Mike Adams. Mayor pro tem Wickliffe moved to approve Item 2025-009 as presented. Motion was seconded by Councilmember Moorman and carried unanimously (7-0). 2025-010 CONSIDER AND ACT UPON AN AGREEMENT WITH TRIAD SERVICE GROUP, LLC FROM MCKINNEY, TEXAS FOR THE DOVE CREEK LIFT STATION EXPANSION PHASE 2 PROJECT IN A BASE BID AMOUNT OF $207,850.00 PLUS A 10% CONTINGENCY OF $20,785.00 FOR A TOTAL PROJECT AMOUNT NOTTOI EXCEED $228,635.00. The Item was presented. by Adam Mergener. Councilmember Hammonds moved to approve Item 2025-010 as presented. Motion was seconded by Councilmember Shuffield and carried unanimously Council moved to Executive Session at 7:43 p.m. for the purpose ofdiscussing Items 2 and 3 with the following present: Mayor Coffman, Mayor pro tem Wickliffe, Councilmembers Moorman, Rodgers, Hammonds, Weaverand: Shuffield; City Manager, Assistant City Manager; CityAttorney. Mike Adams and. Adam Mergener was, present. for discussion on Item 2. Kyle Kinateder of Midlothian Economic (7-0). Development was present for discussion on Item 3. 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 FROMI AJ BUSINESS. PROSPECT O)TODELIBERATETHEOFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS AGENDA ITEM LISTED HEREIN. THE CITYI LIMITS OF MIDLOTHIAN, TEXAS. PROSPECT - PROJECT: 2501. Council reconvened in Regular Session at 9:02 p.m. with. no action taken in Executive Session. 2025-011 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #1: LEGAL REGULAR AGENDA No action taken following Executive Session. 2025-012 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #2: REAL ESTATE Councilmember Weaver moved to authorize the City Manager to: negotiate and execute an agreement with the Frank Bamburg Family Trust to purchase a 0.364-acre tract of land for a public street right- of-way and general utility easement, located within the John H. Jones Survey, Abstract No.586, City ofMidlothian, Ellis County, Texas in consideration ofaj purchase price of$51,600 in association with construction ofthe McAlpin Road roadway project, plus payment ofall related closing costs. The City Manager is further authorized to execute on behalf of the City such additional closing documents as may be required by such agreement and the title company as necessary to close this transaction. 2025-013 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #3: ECONOMIC DEVELOPMENT No action taken following Executive Session. 2025-014 ADJOURN With there being no further business to discuss, Mayor Coffman adjourned the meeting at 9:05 p.m. ATTEST: ENALy huus Tammy Varner, City Secretary SE