335 GRAHAM CITY COUNCIL REGULAR SESSION JANUARY 16, 2025 COUNCIL MEMBERS PRESENT Mayor Pro-Tem/Place 1: Shana Weatherbee-Wolfe Councilmember Place 2:J Jeff Dickinson Councilmember Place 3: Jack Little Councilmember Place 4: Brant Lundgren COUNCIL MEMBERS ABSENT Mayor: Alex Heartfield STAFF PRESENT Marci Bueno, City Secretary/Financial Official B.J. Cook, Code Enforcement Officer Brent Bullock, Chief of Police Carla Ritchie, Municipal Court Clerk Cassie Kieschnick, Executive Assistant Deanna Bullock, Library Director Jim Reeves, Municipal Court Judge Kyle Ford, Police Lieutenant Melinda Brown, Assistant City Manager/GEIC/GIA Executive Director Mike Watts, Animal Control Officer Randall Dawson, Director of Public Work8/Building Official 1. CALL TO ORDER Mayor Pro-Tem Shana Weatherbee-Wolfe called the meeting to order at 8:30 a.m. 2. NOTICE OF POSTING: NOTICE OF THIS REGULAR CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF GRAHAM TEXAS WAS DULY POSTED AT A PLACE READILY ACCESSIBLE TO THE PUBLIC AT LEAST 72 HOURS PRIOR TO THE DATE AND TIME OF THIS MEETING, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT. 3. ROLL CALL OF MEMBERS PRESENT Mayor Pro-Tem/Place 1: Shana Weatherbee-Wolfe Councilmember Place 2: Jeff Dickinson Councilmember Place 3:Jack Little Councilmember Place 4: Brant Lundgren 4. OPENING PRAYER AND PLEDGES TO U.S. AND TEXAS FLAGS Gary Elrod led the invocation followed by the U.S. Pledge and Texas Pledge. 5. OFFICAL CEREMONY: Municipal Court Judge Jim Reeves sworn in Police Officer Salvador Mendez II. 6. PUBLIC FORUM Steven White stated his opinions on the housing development and investment within the City of Graham. 7. REPORTS Individual Department Heads provided overviews for Council on ongoing updates of their respective departments which included: Code Enforcement, Animal Control, Police, Municipal Court, Library, Chamber/Visit Graham, and Public Works. City Manager Eric Garretty provided reports on the Lake Graham Water Level, Key Dates and Upcoming Events, Boards Update, Hotel Occupancy Tax Report, Plug Power Payments Report, Strategic Budget Workshop Scheduling, and Project Status Report. 8. CONSENT AGENDA. Following a motion made by Jack Little and seconded by Jeff Dickinson, the following Consent Agenda was approved unanimously 4 - 0. a. Approve the Minutes of the Regular Called Meeting held on December 19, 2025; and Page 1 of5 336 b. Authorize the Finance Director to transfer up to $1,500,000 in available unrestricted monies from the Lake Fund to investment grade Certificates of Deposit, in accordance with the City of Graham Financial Management policy; and C. Authorize the City Secretary to post Notice of Deadline to File Application for Place on the Ballot for the May 3, 2025, General Election. 9. NOTICE TO CITY COUNCIL OF ASSIGNMENT AND ASSUMPTION OF A CERTAIN PROJECT DEVELOPMENT AGREEMENT DATED APRIL 21, 2022, NOTING SPECIFICALLY THAT PLUG PROJECT HOLDING COMPANY LLC, A DELAWARE LIMITED LIABILITY COMPANY, HAS ASSIGNED, TRANSFERRED, AND CONVEYED TO PLUG POWER LIMESTONE, A DELAWARE LIMITED LIABILITY COMPANY, ALL RIGHT, TITLE, AND INTEREST UNDER THE CERTAIN PROJECT DEVELOPMENT AGREEMENT, TO WHICH THE CITY OF GRAHAM IS. AI PARTY, WITH SUCH ASSIGNMENT AND ASSUMPTION HAVING AN EFFECTIVE DATE OF DECEMBER 26, 2024. City Manager Eric Garretty read notice to City Council of Assignment and Assumption of a certain Project Development Agreement dated April 21, 2022, noting specifically that Plug Project Holding Company LLC, a Delaware Limited Liability Company, has assigned, transferred, and conveyed to Plug Power Limestone, a Delaware Limited Liability Company, all right, title, and interest under the certain Project Development Agreement, to which the City of Graham is a party, with such assignment and assumption having an effective date of December 26, 2024. 10. CONSIDER AND ACT TO APPROVE AND ADOPT RESOLUTION NO. 204 WHICH RENEWS A CERTAIN MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE CITY OF GRAHAM, AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), AN AGREEMENT RELATED TO SHARED MAINTENANCE RESPONSIBILITIES FOR CERTAIN ROADWAYS THAT ARE CONTROLLED BY TXDOT, BUT LIE WITHIN THE CORPORATE LIMITS OF THE CITY, AND FURTHER AUTHORIZE MAYOR PRO-TEM SHANA WOLFE TO EXECUTE SAME ON BEHALF OF THE CITY. Motion made by Jack Little and seconded by Brant Lundgren to approve and adopt Resolution No. 204 which renews a certain Municipal Maintenance Agreement between the City of Graham, and the Texas Department ofTransportation (TxDOT), an Agreement related to shared maintenance responsibilities for certain roadways that are controlled by TxDOT, but lie within the corporate limits of the City, and further authorize Mayor Pro-Tem Shana Wolfe to execute same on behalf ofthe City. Motion passed unanimously 4 - 0. 11. CONSIDER, AND. ACT TO APPROVE AND ADOPT RESOLUTION NO. 205 WHICH ACCEPTS AN ANONYMOUS DONATION IN THE AMOUNT OF $10,000, WITH SUCH FUNDS DESIGNATED FOR THE. ACQUISITION OF ANY NEEDED EQUIPMENT FOR THE GRAHAM FIRE/RESCUE DEPARTMENT, AND FURTHER, AUTHORIZING THE FINANCE DIRECTOR TO DEPOSIT SAID DONATION IN THE FIRE DEPARTMENT GRANT FUND' WITH SUCH DONATION RESERVED FOR SAID PURPOSE. Motion made by Jeff Dickinson and seconded by Jack Little to approve and adopt Resolution No. 205 which accepts an anonymous donation in the amount of $10,000, with such funds designated for the acquisition of any needed equipment for the Graham Fire/Rescue Department, and further, authorizing the Finance Director to deposit said donation in the Fire Department Grant Fund' with such donation reserved for said purpose. Motion passed unanimously 4- - 0. 12. CONSIDER AND ACT TO APPROVE A PREVISOULY TABLED REPLAT REQUEST FROM KATIE'S EXPRESS CAR WASH, LLC, PERTAINING TO CERTA REAL PROPERTY LEGALLY DESCRIBED AS WHITE ADDITION, BLOCK 1, LOT 10, Page 2 of5 337 CITY OF GRAHAM, YOUNG COUNTY, BEARING YOUNG CENTRAL APPRAISAL DISTRICT ID NO. 1336, AND FURTHER DESCRIBED BY A PHYSICAL ADDRESS OF 1314 STATE HIGHWAY 16 SOTH. Motion made by Jeff Dickinson and seconded by Brant Lundgren to approve a previously tabled replat request from Katie's Express Car Wash, LLC, pertaining to certain real property legally described as White Addition, Block 1, Lot 10, City of Graham, Young County, bearing Young Central Appraisal District ID No. 1136, and further described by a physical address of 1314 State Highway 16 South. Motion passed unanimously 4 -0. 13. CONSIDER AND ACT TO APPROVE AND ADOPT ON THIRD AND FINAL READING, ORDINANCE NO. 1185, RELATED TO THE ASSIGNMENT OF A ZONING DESIGNATION OF M-1 MANUFACTURING DISTRICT TO ALL REAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE GRAHAM MUNICIPAL AIRPORT. Motion made by Brant Lundgren and seconded by Jack Little to adopt on THIRD AND FINAL READING, Ordinance No. 1185, and assign base zoning of "M-1 Manufacturing District' to all real property located within the boundaries of the Graham Municipal Airport, save that when such base zoning conflicts with Airport Hazard Zoning, the more stringent limitation or requirement shall govern and prevail. Motion passed unanimously 4 - 0. 14. CONSIDER AND ACT TO APPROVE AND ADOPT ON THIRD AND FINAL READING, ORDINANCE NO. 1186, RELATED TO THE ASSIGNMENT OF A ZONING DESIGNATION OF R-1 SINGLE FAMILY DWELLING DISTRICT TO TRACT NO. 1 OF CERTAIN REAL PROPERTY LEGAL DESCRIBED AS SOUTH FERGUSON, A-96, 7.34 ACRES' AND BEARING YOUNG CENTRAL APPRAISAL DISTRICT PROPERTY ID NO. 10355. Motion made by Jack Little and seconded by Jeff Dickinson to adopt on THIRD AND FINAL READING, ORDINANCE NO. 1186, and assign zoning of R-1 Single Family Dwelling District' to the southern tract of certain real property legally described as South Ferguson, A-96, 7.34 acres' and bearing Young Central Appraisal District Property ID No. 10355. Motion passed 3 - 1 with Shana Weatherbee-Wolfe voting against. 15. CONSIDER AND ACT TO APPROVE ON FIRST READING, ORDINANCE NO. 1187, RELATED TO EXTENSIVE AMENDMENT OF CHAPTER 3- 'AIRPORT OF THE CODE OF ORDINANCES (AS AMENDED) FOR THE PURPOSE OF REVISING CURRENT RULES AND REGULATIONS, AND UPDATING CERTAIN LANGUAGE TO COMPLY WITH CURRENT STATE AND FEDERAL REGULATIONS REGARDING AVIATION OPERATIONS AND SAFETY AT THE MUNICIPAL AIRPORT. Motion made by Brant Lundgren and seconded by Jack Little to approve on FIRST READING, Ordinance No. 1187, related to extensive amendment of Chapter 3- Airport' ofthe Code of Ordinances (as amended) for the purpose of revising current rules and regulations, and updating certain language to comply with current state and federal regulations regarding aviation operations and safety at the Municipal Airport. Motion passed unanimously 4 0. 16. CONSIDER AND ACT TO APPROVE ON FIRST READING, ORDINANCE NO. 1188, RELATED TO EXTENSIVE AMENDMENT OF CHAPTER 5- 'ANIMALS AND FOWL' OF THE CODE OF ORDINANCES (AS AMENDED) FOR THE PURPOSE OF PROVIDING REVISED AND UPDATED PROCEDURES FOR ANIMAL CONTROL WITHIN THE CITY. Motion made by Jeff Dickinson and seconded by Brant Lundgren to approve on FIRST READING, Ordinance No. 1188, related to extensive amendment of Chapter 5- Animals and Fow!' of the Code of Ordinances (as amended) for the purpose of providing revised and updated procedures for Animal Control within the City. Motion passed unanimously 4 -( 0. Page 3 of5 338 17. CONSIDER AND ACT TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND CONCLUDE A CONTRACT WITH ELITE ASPHALI', (FORT WORTH, TEXAS), A LIMITED LIABILITY COMPANY, IN AN AMOUNT NOT TO EXCEED $176,000, IN SUPPORT OF CERTAIN ROADWAY REHABILITATION PROJECTS THROUGHOUT THE CITY, AND FURTHER NOTING THAT SAID VENDOR WAS SELECTED AS BEST-VALUE BIDDER IN REPSONSE TO A DULY ADVERTISED REQUEST FOR BIDS. Motion made by Brant Lundgren and seconded by Jack Little to authorize the City Manager to conclude a contract with Elite Asphalt, (Fort Worth, Texas), a Limited Liability Company, in an amount not to exceed $176,000, in support of certain roadway rehabilitation projects throughout the City, and further noting that said vendor was selected as the best-value bidder in response to a duly advertised Request for Bids. Motion passed unanimously 4 0. 18. CONSIDER AND ACT TO SELECT FREESE AND NICHOLS, INCORPORATED (FORT WORTH, TEXAS), AS THE MOST QUALIFIED PROPOSER IN RESPONSE TO RFQ NO. 25-01 WHICH WAS ISSUED FOR QUALIFICATIONS RELATED TO (A) PRODUCTION OF A WASTEWATER MASTER PLAN, AND (B) PRE-DESIGNED SERVICES FOR A PROPOSED PROJECT TO REHABILITATE THE WASTEWATER TREATMENT PLANT, AND FURTHER, AUTHORIZE THE CITY MANAGER TO INITIATE CONTRACT NEGOTIATIONS WITH SAME. Motion made by Jack Little and seconded by Brant Lundgren to select Freese and Nichols" Incorporated (Fort Worth, Texas), as the most qualified proposer in response to (a) production of a Wastewater Master Plan, and (b) pre-design services for a proposed project to rehabilitate the Wastewater Treatment Plant, and further, authorize the City Manager to initiate contract negotiations with same. Motion passed unanimously 4 - 0. 19. CONSIDER. AND ACT TO SELECT KC DUMPSTERS (GRAHAM, TEXAS), A LIMITED LIABILITY COMPANY, AS THE BEST VALUE PROPOSER IN REPSONSE TO THE RFP NO. 24-03 FOR MUNICIPAL SOLID WASTE, COLLECTION, HAULING, AND DISPOSAL SERVICES, AND FURTHER, AUTHORIZE THE CITY MANAGER TO INITIATE CONTRACT NEGOTIATIONS WITH SAME, AND FURTHER STILL DIRECT THE CITY MANAGER TO BASE NEGOTIATION OF THE PRICING OF SERVICES ON THE 'CPI-U WITH CONSOLIDATED RECYCLING OPTION. Motion made by Jeff Dickinson and seconded by Jack Little to select KC: Dumpsters' (Graham, Texas), a Limited Liability Company, as the best value proposer in response to RFP No. 24-03 for Municipal Solid Waste, Collection, Hauling, and Disposal Services, and further, authorize the City Manager to initiate contract negotiations with same, and further still direct the City Manager to base negotiation of the pricing of services on the CPI-U with Consolidated Recycling' option. Motion passed 3 0 - 1 with Brant Lundgren abstaining. 20. CONSIDER AND ACT TO APPROVE: a. THE QUARTERLY INVESTMENT REPORT FOR THE PERIOD OCTOBER 1, 2024, THROUGH DECEMBER 31, 2024; AND Motion made by Brant Lundgren and seconded by Jeff Dickinson to approve the Quarterly Investment Report for the period October 1, 2024, through December 31, 2024. Motion passed unanimously 4 - 0. Jack Little exited the Council Meeting at 10:13 a.m. b. THE FINANCIAL REPORT FOR THE PERIOD ENDING DECEMBER 31, 2024. Page 4 of5 339 Motion made by Jeff Dickinson and seconded by Brant Lundgren to approve the Financial Report for the period ending December 31, 2024. Motion passed unanimously 3 - 0. 21. PRESENTATION OF THE SALES. TAX REPORT FOR SALES TAXES COLLECTED DURING NOVEMBER 2024. City Manager Eric Garretty presented the Sales Tax Report for sales taxes collected during November 2024. 22. DISCUSSION REGARDING PROPOSED FUTURE AGENDA ITEMS. Future agenda items included a resolution for a grant for the police department, animal control ordinance, and airport ordinance. 23. ADJOURNMENT. There being no further business, the meeting was adjourned at 10:20 a.m-Motion made by Jeff Dickinson and seconded by Shana Weathepbee-Wofe. anei Bwnp Alex Heartfield, MAYOR Marci Bueno, City Secretary/Financial Official Page 5 of5