STATE OF TEXAS COUNTY OF POLK / CITY OF LIVINGSTON MINUTES REGULAR MEETING AND PUBLIC HEARING CITY COUNCIL APRIL 8, 2025 5:00 P.M. The City Council of the City of Livingston, Texas convened in regular session in Council Chambers at City Hall at 5:00 P.M., April 8, 2025, with the following members present: Judy B. Cochran 1 ) Mayor Alan Cook / ) Councilmembers Raymond Luna Elgin Davis Bobby Jackson, Sr. / Andy Evans Billy S. Wiggins / 1 City Manager Ellie Monteaux City Secretary/Assistant City Manager Scott Ferguson City Attorney and the following others present: Lt. David Mitchell / Livingston Police Department Julianna Lopez Cortez / Self Josh Mohler / 1 Fire Marshal/Code Enforcement Officer Emily Banks Wooten Polk County Enterprise Page 2, City Council Meeting Minutes of 04/08/2025 Mayor Cochran called the meeting to order at 5:00 P.M. and called on Alderman Evans to open the meeting with prayer and the pledges. The City Manager advised that there is a correction on Page 1 of the March 11, 2025 draft minutes and provided a corrected copy to Council for review. It was moved by Alderman Luna and seconded by Alderman Cook that the corrected minutes of the regular meeting of March 11, 2025, be approved. All present voted aye. Mayor Cochran declared a public hearing in session at 5:02 P.M. on the petition to close, vacate and abandon a portion of Manning Street consisting of 0.457 acres situated between South Washington Avenue and Liberty Avenue, north of Blocks Four (4) and Five (5) of Pinecrest Subdivision, petition received from Ameristeel International, Inc. (City Attorney Scott Ferguson entered the meeting.) The City Attorney reviewed the petition to close, vacate and abandon a portion of Manning Street received from Ameristeel International, Inc. The City Manager reviewed the map provided to Council in the meeting packet, reviewed the land exchange that took place between the cemetery and Ameristeel, and explained the difference between the Ameristeel petition and petitions received previously to vacate streets which are still actively in use by thru traffic. Discussion ensued relative to owners of the property, extensive repairs needed for the street, and the location of the street. Mayor Cochran asked if any member of the audience would like to comment in favor of the closure of the street. Mayor Cochran recognized Julianna Lopez Cortez who addressed City Council concerning opposition to closure of any streets. Mayor Cochran reminded Ms. Cortez that the subject of today's public hearing is a portion of Manning Street located in Livingston. Ms. Cortez concluded her comments. Mayor Cochran asked if any member oft the audience would like to comment against the closure of the street. No one present spoke against the closure of the street. There being no further comments to be received in the Public Hearing, Mayor Cochran closed the Public Hearing at 5:11 P.M. The City Manager presented a proposed ordinance closing, vacating and abandoning a portion of Manning Street consisting of 0.457 Acres situated between South Washington Avenue and Liberty Avenue, north of Blocks Four (4) and Five (5) of Page 3, City Council Meeting Minutes of 04/08/2025 Pinecrest Subdivision as submitted by Ameristeel International, Inc. Discussion ensued relative to the current hazardous condition of the street, future use of the property, ownership of adjacent property, and ownership of the street following action of City Council. Upon the recommendation oft the City Manager and the City Attorney, t was moved by Alderman Cook and seconded by Alderman Jackson that the proposed ordinance closing, vacating and abandoning a portion of Manning Street consisting of 0.457 Acres situated between South Washington Avenue and Liberty Avenue, north of Blocks Four (4) and Five (5) of Pinecrest Subdivision be approved and adopted as presented. All presented voted aye. The ordinance, as adopted, is captioned as follows: "ORDINANCE NO. A-851 AN ORDINANCE PROVIDING THAT A PORTION OF MANNING STREET IN THE CITY OF LIVINGSTON, POLK COUNTY, TEXAS BE VACATED, ABANDONED AND CLOSED; PROVIDING FOR THE REVERSION OF THE TITLE TO SAID LAND; REPEALING ALL ORDINANCES IN CONFLICTHEREWITH, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY." The City Manager presented the Accounts Over $2,500.00 for approval. Discussion ensued relative to the rental of sewer pumps and the sludge disposal from the wastewater treatment plant. It was moved by Alderman Luna and seconded by Alderman Evans that the accounts over $2,500.00, as submitted, be approved for payment. All present voted aye. The City Manager reported on the following items: A) Events: Easter Eggstravaganza - Saturday, April 12th at Pedigo Park = Pictures with the Easter Bunny start at 9:30 A.M. and the egg hunt starts at 11:00 A.M. Livingston Trade Days - Saturday, May 17th and Sunday, May 18th at Pedigo Park B) Sales Tax - The April sales tax report from the State Comptroller for the month of February 2025 will be available Friday, April 11, 2025. C) Update of Development - The City Manager provided an update of commercial development, residential development, and completed projects. D) Main Street TXDOT Sidewalk Project - The City Manager reported that the project has made it past the first round of consideration. Page 4, City Council Meeting Minutes of 04/08/2025 E) Community Development Department - Veritas has been conducting inspections and plan review for the City and the process is working out well. Discussion ensued relative to continuing services provided by Veritas versus hiring a full time employee for the Community Development director position. F) Downtown Drainage Project - The City's engineer has done a walk-thru of the drainage project and the project is nearing completion. Alderman Jackson requested an update on the court house renovation project. Discussion ensued relative to the court house project and boring for water lines in the area. Alderman Evans requested of the City Manager that City Council be provided a review of the City's financials at least on a quarterly basis to monitor the expenditures. The City Manager presented a Notice of Public Hearing regarding the request for annexation of Ewald Kubota Properties located on U.S. Highway 190 West, Parcel 1 consisting of 2.098 Acres and Parcel 2 consisting of 4.897 Acres. The City Manager recommended that the Public Hearing be set for May 13, 2025 at 5:00 P.M. Discussion ensued relative to electric service provider for the area. Mayor Cochran called a Public Hearing for May 13, 2025 at 5:00 P.M. regarding the Ewald Kubota Properties annexation request. The City Manager advised Council that there is a need for Executive Session pursuant to Texas Government Code Section 551.071 LEGAL - Consultation with Attorney. (Emily Wooten and Josh Mohler retired from the meeting.) Juliana Lopez Cortez stated that she wanted to be placed on the City Council agenda concerning complaints she has made and her request for a written response from the City. The City Manager advised Council that several members of the City staff have spoken with Ms. Cortez on many different occasions. The City Attorney advised that he has spoken with Ms. Cortez and there is no legal requirement for a written response to be made. (Lt. David Mitchell and Juliana Lopez Cortez retired from the meeting.) The City Manager advised Council that Ms. Cortez has made numerous complaints regarding collection of bulk garbage items and the process required of citizens to call the Utility Billing department to be added to bulk pick up list and that Ms. Cortez has blocked Beatty Street on several occasions claiming ownership of the street. Page 5, City Council Meeting Minutes of 04/08/2025 Mayor Cochran called the Council into executive session at 5:40 P.M., pursuant to Texas Government Code Section 551.071 LEGAL - Consultation with Attorney. Council reconvened in open session at 5:51 P.M. Upon returning to open session, no action was taken. Discussion ensued relative to presentation of the electric rate study in open session versus presentation in executive session pursuant to Texas Government Code regarding competitive matters of public power utilities. Mayor Cochran called the Council into a second executive session at 5:54 P.M., pursuant to Texas Government Code Section 551.071 LEGAL - Consultation with Attorney. Council reconvened in open session at 5:59 P.M. Upon returning to open session, no action was taken. There being no further business to come before the City Council, it was moved by Alderman Cook and seconded by Alderman Jackson that the meeting be adjourned at 5:59 P.M. All present voted aye. SIGNED: mdk / Coc has Judy B. Cochran, Mayor ATTEST: epMottonu - Ellie Monteaux, TRMC, MMC/ CPM City Secretary/Assistant City Manager