Apr 07, 2025 City Council Regular Meeting

[1. Call to Order]

[00:00:05]

GOOD EVENING.

CALL THIS MEETING TO ORDER AT 7 0 1.

I AM MAYOR BILLY WALLACE.

THANK YOU ALL FOR BEING HERE.

I KNOW SOME OF YOU MAY HAVE AN AN AGENDA ITEM AND, UH, WHETHER YOU HAVE AN AGENDA ITEM OR NOT, THANK YOU FOR BEING HERE AND THANK YOU FOR CARING ABOUT OUR WONDERFUL CITY OF WAXAHATCHEE.

WITH THAT, IF YOU WOULD STAND FOR INVOCATION, PLEASE LET US PRAY.

GO AHEAD.

FATHER, WE THANK YOU FOR ALLOWING US TO BE HERE THIS EVENING.

AND FATHER, WE THANK YOU FOR EACH ONE OF OUR REPRESENTATIVES AND THE TIME AND THE EFFORT THAT THEY GIVE TOWARDS THIS.

FATHER.

WE KNOW THAT THE LATE CALLS THEY HAVE AT HOME AND OFTEN ASKED A QUESTION, AND WHETHER AT THE GROCERY STORE OR SOME OTHER PLACES, MANY TIMES UN OPPORTUNE PLACES.

SO FATHER, WE JUST THANK YOU FOR THE SERVICE THAT THEY GIVE.

LORD, WE ASK YOU THAT YOU WILL GIVE THEM WISDOM AS THEY MAKE DECISIONS ON THINGS THEY HAVE TO WORK THROUGH AND DISCUSS.

FATHER, MAY THEY SEEK YOU IN ALL THEY DO.

AND FATHER, WE JUST THANK YOU FOR THE COMMUNITY THAT YOU HAVE GIVEN TO US, ALLOWING US TO LIVE HERE IN WATSAHACHEE.

AND FATHER, WE ASK YOU THAT YOU WILL CONTINUE TO BE WITH US, EVEN WITH OUR SCHOOL BOARD AS THEY LOOK TOWARDS THAT NEW SUPERINTENDENT.

FATHER, YOU WILL BRING THAT RIGHT PERSON HERE, FATHER, FOR THE VULNERABLE PEOPLE THAT WE HAVE HERE IN THIS COMMUNITY FOR OUR ELDERLY AND FOR EVEN THOSE THAT ARE FOR LIKE OUR FOSTER KIDS WHO ARE OFTEN FOUND TO BE VICTIMS OF HUMAN TRAFFICKING.

FATHER, WE ASK YOU THAT DECISIONS THAT WE MAKE WILL BE MADE KNOWING THAT WE WANT TO CARE AND TAKE CARE OF THOSE THAT ARE, ARE IN DIFFICULT PLACES.

BUT FATHER, WE THANK YOU FOR EACH ONE OF THESE MEN AND WOMEN WHO SERVE YOU FAITHFULLY.

AND LORD, WE ASK THIS IN CHRIST'S NAME.

AMEN.

AMEN.

THANK YOU.

IF YOU WOULD REMAIN STANDING FOR THE FLESH PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NOTION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL HONOR UNDER THE TEXAS FLAG PLEDGE ALLEGIANCE TO THE TEXAS ONE, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

UH,

[4. Public Comments]

PERSONS MAY ADDRESS THE CITY COUNCIL ON ANY ISSUES.

THIS IS THE APPROPRIATE TIME FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY CONCERN WHETHER ON THIS AGENDA OR NOT IN ACCORDANCE WITH THE STATE OF TEXAS OPEN MEETINGS ACT.

THE COUNCIL MAY NOT COMMENT OR DELIBERATE SUCH STATEMENTS DURING THIS PERIOD, EXCEPT AS AUTHORIZED BY SECTION 5 5 1 0 4 2 OF THE TEXAS GOVERNMENT CODE SPEAKERS MUST OBSERVE THE FIVE MINUTE TIME LIMIT.

ANYONE THAT WOULD LIKE TO SPEAK DURING THIS TIME, PLEASE COME TO THE PODIUM.

GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY THERE.

UH, MY NAME IS DOMINIC.

MY ADDRESS IS 25 67 BELLS CHAPEL ROAD, WACE, TEXAS 7 5 1 6 5.

UM, I'M HERE ONCE AGAIN REPRESENTING THE WACE SKATE PARK INITIATIVE.

UM, AND WE REALLY JUST WANT TO RECOMMEND AND ENCOURAGE YOU GUYS AS OVER THE COMING WEEKS, YOUR LOOKING INTO LIONS PARK AND KIND OF THE AMENITIES THAT WILL BE INCLUDED THERE TO VERY SERIOUSLY CONSIDER ADDING A SKATE PARK TO LIONS PARK.

UM, IT'S BEEN SOMETHING THAT'S BEEN REQUESTED TO THE CITY FOR OVER 15 YEARS.

UM, DURING THAT TIME THERE'S BEEN MULTIPLE GROUPS THAT HAVE TRIED TO GET THE CITY TO BUILD A SKATE PARK, AND SO FAR IT HASN'T HAPPENED.

UM, AND WHEN WE RAN A PETITION LAST, UH, YEAR, WE GOT, UM, BIG RESPONSE AND LOTS OF COMMENTS AND, AND PEOPLE THAT WERE VERY MUCH EXCITED BY THE IDEA.

SOME PEOPLE THAT WERE FRUSTRATED THAT IT HASN'T HAPPENED ALREADY.

UM, AND SO WE REALLY THINK THAT THIS COULD BE A GREAT OPPORTUNITY TO ADD IT IN LANCES PARK.

IT'S A GREAT LOCATION.

THERE'S PARKING ALREADY, THERE'S BATHROOMS ALREADY.

IT'S ON THE SAME LOCATION WITH, YOU KNOW, PLAYGROUNDS AND OTHER PLACES WHERE FAMILIES MIGHT, YOU KNOW, YOUNG KIDS MIGHT WANNA GO TO THE PLAYGROUND.

OLDER KIDS MIGHT ENJOY THE SKATE PARK.

UM, AND REALLY, YOU KNOW, SKATE PARKS, A

[00:05:01]

SO AS BMX AND, AND, UM, SKATE PARKS ARE REALLY MULTI-USE FACILITIES.

THEY CAN BE USED BY SKATE SKATERS, BMX RIDERS, MOUNTAIN BIKERS, UH, SCOOTERS, INLINE SKATE, AND UH, AND QUAD SKATE EVEN.

THERE'S EVEN, UH, SPECIALIZED WHEELCHAIRS THAT CAN, CAN BE USED ON THOSE FACILITIES.

SO, UM, THEY'RE REALLY A GREAT PLACE FOR ALL AGES.

AND, UM, AND IF YOU'VE NEVER BEEN TO A SKATE PARK, YOU DON'T HANG AROUND THEM MUCH.

YOU MIGHT NOT REALLY BE AWARE HOW, HOW AWESOME THEY ARE, BUT I WOULD ENCOURAGE YOU MAYBE TAKE SOME TIME AND CHECK OUT SOME OF THE ONES AROUND DFW.

A GREAT ONE IS VANDER GRIFF PARK IN ARLINGTON OR UM, IN GARLAND HAS A REALLY GREAT SKATE PARK, AND THEY'RE VERY BELOVED.

THEY'RE USED THROUGHOUT THE WHOLE YEAR, PRETTY MUCH ANY TIME OF THE DAY.

SOMEONE'S SKATING THERE, THE EVENINGS, THE WEEKENDS, THEY GET VERY BUSY.

AND SO I DON'T THINK YOU GUYS WOULD REGRET BUILDING ON IN WA UH, IN WAXAHATCHEE.

SO YEAH, WE JUST ASK THAT YOU REALLY SERIOUSLY CONSIDER THAT AS YOU'RE KIND OF GOING TO LYS PARK, UM, AND KIND OF CONSIDERING THE OTHER PARK PROJECTS.

SO, UM, THANK YOU VERY MUCH.

THANK YOU.

ANYONE ELSE? COME ON UP.

GOOD EVENING EVERYBODY.

MY NAME IS ALEX LOWMAN.

I LIVE AT 8 0 1 WEST MAIN STREET, WAXAHATCHEE, TEXAS.

UM, I A LOT OF FAMILIAR FACES, BUT I'M, I'M HERE TODAY SPECIFICALLY FOR THE WAXAHATCHEE SKATE PARK INITIATIVE.

UM, WE ARE VERY INTERESTED IN TRYING TO PUT OUR PRESENTATION BACK ON, UM, FOR THE PARKS BOARD, AND WE HAVEN'T REALLY BEEN ABLE TO DO THAT.

THE LAST COUPLE OF PARKS, BOARDS, THE THE MEETINGS JUST HAVEN'T MADE QUORUM, SO WE HAVEN'T, UM, HAD A PLACE TO DO THAT.

BUT TO KIND OF, UM, YOU KNOW, DOVETAIL A LITTLE BIT ON WHAT DOMINIC BROUGHT UP, UM, NOT ONLY IS IT A GROWING SPORT, BUT I MEAN, IF YOU LOOK AT A MAP OF SKATE PARKS IN THIS GENERAL PART OF THE STATE, YOU'LL NOTICE THERE'S A HUGE CRESCENT THAT STARTS OUT WEST, HEADS UP NORTH AND GOES ALL THE WAY OUT TO THE EAST, BUT THERE'S NOTHING TO THE SOUTH.

WE KIND OF HAVE THIS NICE BIG DEAD SPOT IN THERE.

AND IS AS MUCH AS FOR THE CITIZENRY THAT IS EXPRESSED INTEREST IN HAVING THIS HERE, UM, FOR THE, THE AMOUNT OF TIME.

I MEAN, A DECADE AND A HALF WORTH NOW.

UM, IT'S NO SECRET.

UM, MO MOST OF YOU KNOW THAT I'M, I'VE BEEN VERY VOCAL ABOUT, UH, WANTING TO INCREASE TOURISM AND, AND PEOPLE FROM, YOU KNOW, OUT OF, OUT OF OUR CITY TO COME IN AND HAVE REASONS TO SPEND THEIR MONEY HERE.

AND I FEEL LIKE HAVING A SKATE PARK HERE WOULD HELP ACCOMPLISH THAT.

IT WOULD BE A REASON FOR PEOPLE TO COME IN.

IT WOULD BE A DESTINATION.

AND LIKE I'VE ALWAYS SAID, I DON'T WANT PEOPLE TO EAT AT ANY RESTAURANT.

I WANT 'EM TO EAT AT OUR RESTAURANTS.

I WANT THEM TO GET THEIR GAS HERE.

I WANT THEM TO STOP AND PICK UP THEIR GROCERIES HERE AT OUR STORES.

I'M NOT WORRIED ABOUT THE ECONOMY IN OTHER CITIES.

I'M WORRIED ABOUT THE ECONOMY HERE.

'CAUSE WORD ABOUT OUR ECONOMY HERE IS KIND OF JUST REINVESTING IN OURSELVES.

UM, ALL THAT BEING SAID, UM, THE LIONS PARK WOULD BE A PERFECT PLACE TO PUT THIS THING.

I MEAN, WE'VE SEEN A LIST OF EVERYTHING THAT'S KIND OF SLATED TO GO IN THERE.

UM, AND I FEEL LIKE WE COULD MAKE SOME VERY STRONG ARGUMENTS ABOUT SOME THINGS THAT COULD MAYBE BE REMOVED AND THIS DONE AND INSTEAD.

BUT THE BEAUTY ABOUT INCLUDING IT IS NOW WE DON'T EVER HAVE TO WORRY ABOUT BUILDING A SKATE PARK AND THEN COMING UP WITH SEWAGE WASTE LINES, POWER, PARKING LOT, BATHROOMS, ALL OF THOSE THINGS.

IT'LL ALL JUST KIND OF DOVETAIL INTO THIS OTHER LARGER PROJECT.

UM, IT WOULD BE THE MOST COST EFFECTIVE WAY, I BELIEVE TO DO IT IS, IS THERE HAVE BEEN SOME IDEAS TOSSED AROUND ABOUT OTHER PLACES TO PUT IT, BUT AT THAT POINT WE'RE STARTING OVER FROM SCRATCH AGAIN.

AND IT WOULD REALLY JUST BE A LOT EASIER TO KIND OF ROLL THIS ALL TOGETHER.

BUT I MEAN, AGAIN, IT'S BEEN 15 YEARS AND, AND WE REALLY FEEL LIKE THE TIME IS, IS COMING TO GO.

UH, WE NOTICED THAT IT WAS KIND OF ON EVERYBODY'S PLANS FOR 2026 AND THEN IT KIND OF CAME BACK OFF.

AND THAT MAY BE PARTIALLY OUR FAULT.

WE FELT LIKE WE DIDN'T WANNA BE A NUISANCE, SO WE KIND OF GOT THE BALL ROLLING.

WE DECIDED TO STAY QUIET AND PERHAPS WE SHOULD HAVE BEEN A LITTLE MORE VOCAL.

UM, BEEN A LITTLE LOUDER A LITTLE BIT EARLIER, BUT AS WE'RE DIALING IN ON THIS LYONS PARK PROJECT, WE'D REALLY LIKE AN OPPORTUNITY TO KIND OF AT LEAST STAY AT OUR CASE AND EXPLAIN WHY WE FEEL LIKE THIS WOULD BE A GOOD TIME TO INSTALL IT.

SO THANK YOU MUCH.

THANK YOU.

ANYONE ELSE? SEEING NONE, I'LL CLOSE THE, UH, PUBLIC COMMENTS.

NEXT ITEM IS

[5. Consent Agenda]

ALL MATTERS LISTED UNDER ITEM FIVE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION.

[00:10:01]

ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION AND CONSIDERATION BY ANY MEMBER OF THE CITY COUNCIL.

COUNCIL, MADAM MAYOR, I MOVE TO APPROVE ALL ITEMS ON THE CONSENT AGENDA AS PRESENTED AND AUTHORIZED THE CITY MANAGER AND OR MAYOR TO EXECUTE ALL ASSOCIATED DOCUMENTS AS NECESSARY.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES UNANIMOUSLY.

THANK YOU COUNSEL.

COUNCILMAN SMITH, YOU DON'T HAVE ANYBODY FOR TONIGHT? OKAY, THANK YOU.

[7. Recognize Mayor Billie Wallace as a 2024 Texas Municipal League Certified Municipal Official (CMO)]

AMBER, UH, GOOD EVENING, MAYOR AND COUNCIL.

I'D LIKE TO TAKE THIS TIME TO RECOGNIZE MAYOR BILLY WALLACE, WHO HAS SUCCESSFULLY CER RE-CERTIFIED AS A CERTIFIED MUNICIPAL OFFICIAL.

SHE RECEIVED HER CMO CERTIFICATE AT THE TML MID-YEAR CONFERENCE, UH, LAST MONTH IN AUSTIN.

AND A LITTLE BIT ABOUT THE PROGRAM.

IT IS OFFERED BY THE TEXAS MUNICIPAL LEAGUE, AND IT RECOGNIZES ELECTED CITY OFFICIALS IN TEXAS WHO COMMIT TO ONGOING PROFESSIONAL DEVELOPMENT.

TO EARN THE CMO DESIGNATION, OFFICIALS MUST COMPLETE 60 CONTINUING EDUCATION UNITS WITH THEN TWO CONSECUTIVE YEARS, INCLUDING AT LEAST 30 CREDIT UNITS FROM IN-PERSON TRAINING, AND THEN ONE CREDIT UNIT EACH IN THE FIVE CORE COMPETENCY AREAS, WHICH INCLUDE ETHICS, FINANCE, GOVERNANCE, OPEN MEETINGS, AND PUBLIC INFORMATION.

WE APPLAUD MAYOR BILLY WALLACE FOR HER COMMITMENT TO PROFESSIONAL DEVELOPMENT AND HER CONTINUED SUCCESS AS A CMO, HER DEDICATION TO ONGOING EDUCATION.

THAT'S AN INSPIRING EXAMPLE FOR OTHER COUNCIL MEMBERS TO FOLLOW.

SO THANK YOU.

CONGRATULATIONS.

THANK YOU.

I APPRECIATE THAT.

THANK YOU.

THANK, I JUST WANNA SAY IT IS AN, AN HONOR TO RECEIVE, UM, THESE AWARDS FOR ADDITIONAL TRAINING.

AS YOU KNOW, WE HAVE, UH, SO MANY, UH, CITY EMPLOYEES, UH, HERE THAT GO ABOVE AND BEYOND AND RECEIVE AWARDS, UH, EVERY PRETTY MUCH EVERY CITY COUNCIL MEETING.

AND, UH, I KNOW MAYORS BEFORE ME HAVE RECEIVED THIS, AND I WANNA CONTINUE TO CARRY ON THAT TRADITION.

SO THANK YOU.

NEXT

[8. Consider proposed Resolution of the City of Waxahachie, Texas, consenting to the Assignment of Agreements related to the development of Myrtle Creek Municipal Management District No. 1 of Ellis County; with related provisions]

SEAN? YES, MA'AM.

THANK YOU, MS. MAYOR.

UH, THE REQUEST BEFORE YOU THIS EVENING IS TO CONSIDER THE APPROVAL OF THE ASSIGNMENT OF THE EXISTING DEVELOPMENT AGREEMENT AND MUNICIPAL MANAGEMENT DISTRICT NUMBER ONE FOR MYRTLE CREEK, UH, WHICH IS THE 1,263 ACRE PORTION OF THE FORMER SADDLEBROOK DEVELOPMENT, UM, WHICH IS NORTH OF 2 87.

THE CITY OF WAXAHATCHEE ENTERED INTO THE DEVELOPMENT AGREEMENT IN JUNE, 2024 WITH THE DEVELOPER HINES.

UH, A SALE OF THE PROPERTY BY HINES ASSIGNS THE DEVELOPMENT OBLIGATIONS AND RIGHTS TO STARWOOD LAND, WHO IS THEN BOUND TO THE REQUIREMENTS OF THE EXISTING DEVELOPMENT AGREEMENT.

SECTION 8.1 OF THE DEVELOPMENT AGREEMENT REQUIRES THAT THE ASSIGNMENT MUST NOT BE UNREASONABLY WITHHELD CONDITIONED OR DELAYED THROUGH THE SALE OF THE PROPERTY.

STARWOOD PROPOSES

[00:15:01]

THE, AS, UH, THIS ASSIGNMENT OF THE DEVELOPMENT AGREEMENT FROM HINZ TO STARWOOD IS NOT PROPOSED TO AFFECT THE PROJECT TIMETABLE AND THE DEVELOPMENT IS PROPOSED TO CONTINUE AS CURRENTLY SCHEDULED.

MEMBERS OF THE DEVELOPMENT TEAM AS WELL AS STAFF ARE AVAILABLE FOR ANY QUESTIONS.

THANK YOU, SEAN.

COUNSEL SEAN, IF WE PASS THIS OR, AND WHEN WE PASS IT, OR WHAT ARE THEY HELD TO? EVERYTHING FROM THE ORIGINAL AGREEMENT WITH HINES? YES, SIR.

ABSOLUTELY.

UH, SO THEY, THEY'RE, UH, TAKING OVER THE OBLIGATIONS OF THE DEVELOPMENT AGREEMENT.

SO YES, EVERYTHING INCLUDED IN THE ORIGINAL DEVELOPMENT AGREEMENT WOULD GO FROM HINES TO STARWOOD LAND.

AND I GUESS THE CITY'S DONE THEIR DUE DILIGENCE AND LOOKED AT WHOEVER IT IS THAT HEIN SOLD IT TO, AND WE'RE GETTING SOMEONE JUST AS GOOD AS WHAT WE HAD TO START WITH.

YES, SIR.

THANK YOU.

I JUST HAVE ONE THING TO TO SAY ABOUT THIS IS THAT WHEN GOING THROUGH THE PRESENTATIONS, IT WAS A BIG PART OF THE PRESENTATION WAS TALKING ABOUT HEINZ AND THEIR EXPERIENCE AND THEIR TRACK RECORD AND, AND, UM, RATHER TROUBLING THAT THIS EARLY ON IT'S BEING MOVED TO SOMEBODY ELSE.

NOTHING WE CAN DO ABOUT IT OTHER THAN NOT APPROVE THIS.

AND I'M NOT SAYING THAT, BUT, UM, I JUST WANT THE HEINZ PEOPLE TO KNOW THAT I HAVE PROBLEMS, THAT THEY COME BACK UP AND, AND MAKING PRESENTATIONS THAT THIS IS STILL GONNA BE IN THE BACK OF MY MIND WHEN THEY MADE A BIG, SUCH A BIG DEAL ABOUT WHO THEY WERE.

UM, MAY THESE FOLKS MAY BE, THAT ARE TAKING OVER, MAY BE, UM, JUST AS GOOD, IF NOT BETTER.

BUT SHORT TIME AGO, WE HAD A BUNCH OF MEETINGS AND PRESENTATIONS AND IT WAS LOOK AT, LOOK AT US, LOOK AT WHAT ALL WE'VE DONE.

AND IT'S, UH, IT'S TROUBLING THAT THEY HAVE TAKEN THIS STEP.

SO I JUST WANT IT ON RECORD THAT THEY COME BACK BEFORE US.

I'M GONNA BE THE FIRST ONE TO START ASKING THEM QUESTIONS ABOUT IT.

THANK YOU.

THANK YOU.

ANY OTHER COUNSEL? ANY COMMENTS? YES, SINCE, SINCE PAT BROUGHT IT UP, I CO PLEA.

I COMPLETELY AGREE ON ALL FRONTS.

UM, TO BE COMPLETELY FRANK, I'M PRETTY P****D OFF ABOUT THIS DEAL, UM, BECAUSE WE DID ENTER INTO AN AGREEMENT WITH HINES ON THE VISION THAT THEY SOLD US, AND THEN THEY SOLD THAT VISION IN THE LAND TO SOMEONE ELSE.

UM, THE LAST TIME THAT SOMETHING LIKE THIS HAPPENED WAS OVER BEHIND TURNER AND THOSE HOMES WENT FROM SINGLE FAMILY HOMES TO NOW THEY'RE ALL RENTAL HOMES.

I'M NOT SAYING THAT THAT'S WHAT'S GOING TO HAPPEN HERE, BUT I DON'T LIKE IT, IT DOESN'T SIT WELL WITH ME AT ALL.

UM, AND JUST TO CLARIFY, WE, WE CHOSE TO WRITE INTO THE DEVELOPMENT AGREEMENT THAT THE LAND COULD BE SOLD AND WE HAD TO HONOR THE SALE OF THE LAND.

IS THAT WHAT I'M UNDERSTANDING? I'D HAVE TO DEFER TO LEGAL ON, ON THE ACTUAL TERMINOLOGY OF THAT.

I'D HAVE TO REVIEW IT AND, UH, GET BACK WITH Y'ALL.

HONESTLY.

UM, I AM NOT QUITE RECALLING THE TERMS AT THE MOMENT, BUT IF THAT'S WHAT THE MAJORITY OF THE COUNCIL RECALLS, THEN I THINK YOU CAN RELY ON THAT TO MOVE FORWARD ACCORDINGLY.

I HONESTLY CAN'T RECALL.

I CAN'T EITHER.

SO SOMETHING THAT WAS SLID IN, UM, IT, IT'S, IT'S NOT DISCUSSED.

IT, IT'S STANDARD LANGUAGE THAT WE HAVE IN OUR DEVELOPMENT AGREEMENTS.

AND USUALLY THE, THE DEVELOPER, THEY'RE THE ONES THAT WANNA MAKE SURE THAT THAT'S IN THERE.

SO THEY HAVE THAT ABILITY TO DO THAT.

UM, AND THEN OF COURSE IT GOES THROUGH OUR LEGAL REVIEW, WHETHER THAT'S, WELL, NOW WE HAVE TERRY, UH, IT WAS, UH, ROBERT, UM, GOING THROUGH IT AND LOOKING AT IT, SO TO MAKE SURE ALL THE LEGAL JARGON AND LANGUAGE IS ALL CORRECT AS WELL.

DOES THIS RESTART THE TIMELINE THAT, THAT, THAT WE SET WITH, UM, WITH THE ORDINANCE THAT WE PASSED A FEW MONTHS BACK, UM, THAT REQUIRES A DEVELOPMENT AGREEMENT AND A PROJECT TO MOVE FORWARD WITHIN A CERTAIN TIMEFRAME.

AND I FORGET WHAT THAT TIMEFRAME WAS.

DOES THIS NOW RESET THAT TO WHERE THE UTILITIES THAT ARE BEING ESSENTIALLY HELD HOSTAGE AT THIS POINT, UM, THAT THOSE RIGHTS ARE RELEASED? OR DOES THIS CONTINUE WITH THE ORIGINAL DEVELOPMENT AGREEMENT? IT WOULD CONTINUE WITH THE ORIGINAL DEVELOPMENT AGREEMENT.

BASICALLY, THIS ASSIGNMENT REPLACES HEINZ WITH STARWOOD, BUT EVERYTHING ELSE STAYS THE SAME.

YEAH,

[00:20:01]

I'M, UH, HERE, I'M LEGAL COUNSEL TO HINES AND, UH, HERE TO JUST ANSWER SOME OF THOSE QUESTIONS.

UM, AM I CORRECT IN THE, BEFORE I READ THAT HINES DIDN'T JUST SELL THIS ONE, YOU SOLD ME QUITE A BIG GROUP OF PROPERTIES TO STARWOOD, IS THAT CORRECT? THAT THAT'S CORRECT.

THIS WAS A PORTFOLIO ACQUISITION.

UH, STARWOOD LAND IS ONE OF THE, UH, LARGEST, UH, LAND DEVELOPERS IN THE UNITED STATES.

THIS WAS A, UH, NOW IT'S BEEN PUBLIC, A A, UH, UH, PRESS RELEASE HAS BEEN RELEASED.

AND, UH, I HAVE A, A, A COPY OF NEWS ARTICLES.

IT'S ABOUT AN $800 MILLION TRANSACTION AS REPORTED.

UH, AND THERE ARE 11 PROPERTIES THAT WERE INCLUDED BOTH IN HOUSTON, AUSTIN, AND DALLAS.

UM, THE, UH, AS, AS FAR AS THE AGREEMENT, VERY STANDARD LANGUAGE THAT SAYS THAT, UH, THAT THE, THE CITY HAS THE RIGHT TO CONSENT, WHICH IS WHAT WE'RE HERE TO ASK FOR, BUT IT SHALL NOT BE UNREASONABLY WITHHELD.

STARWOOD IS VERY CAPABLE.

UH, ALL OF THE RIGHTS OBLIGATIONS, UH, ALL THE PLANNING, EVERYTHING WILL CONTINUE AS IT IS.

STARWOOD HAS NO EMPLOYEES IN THE DALLAS MARKET.

THEY HAVE HIRED HINES.

SO THE PEOPLE THAT, UM, UH, WILL BE, UH, DEALING WITH NOW, OBVIOUSLY THAT'S NOT, UH, FOREVER, THAT, THAT CERTAINLY COULD CHANGE.

BUT, UM, UH, SO, UH, THIS IS A, A VERY LARGE, UH, UH, PORTFOLIO ACQUISITION BY A VERY LARGE CAPABLE, UH, UH, YOU KNOW, MULTI, MULTI-BILLION DOLLAR, UH, UH, LAND DEVELOPMENT, UH, COMPANY STARWOOD LAND.

UM, SO WE EXPECT THE PROJECT TO CONTINUE EXACTLY AS IT IS ON THE SAME PACE, THE SAME OBLIGATIONS, UM, AND FOR NOTHING TO, UH, CHANGE ABOUT THAT.

UM, UH, IT WILL NOW BE MANAGED BY HINES, UH, WITH STARWOOD, UH, HAVING PURCHASED AND PROVIDED BASICALLY THE TAKEOUT CAPITAL.

THEY'VE ALSO ALREADY STARTED BUILDING HOMES OUT THERE.

THAT'S CORRECT.

IT, IT'S UNDER CONSTRUCTION AND IT IS, IT IS NOT SLOWING DOWN AT ALL.

THANK YOU.

ANYONE ELSE? THANK YOU.

THANK YOU.

THANK YOU.

I'LL ENTERTAIN A MOTION IF THERE'S NO OTHER DISCUSSION.

MADAM MAYOR, I MOVE TO APPROVE THE RESOLUTION CONSENTING TO ASSIGNMENT AGREEMENTS RELATING TO THE DEVELOPMENT OF THE TLE CREEK MUNICIPAL MANAGEMENT DISTRICT, NUMBER ONE OF ELLIS COUNTY FROM HINES TO STARWOOD.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE.

AND THOSE OPPOSED RAISE YOUR RIGHT HAND.

MOTION CARRIES THREE TO TWO.

THANK YOU, COUNSEL.

NEXT

[9. Consider proposed Ordinance amending Hangar Lease Rates at Mid-Way Regional Ai]

DUSTIN MAYORS AND COUNCIL MEMBER.

MY NAME IS, UH, DUSTIN DILL.

I'M THE SENIOR DIRECTOR OF ADMINISTRATIVE SERVICES HERE FOR THE CITY OF WAXAHATCHEE.

WHAT YOU HAVE BEFORE YOU TONIGHT IS A PROPOSED ORDINANCE TO UPDATE OUR HANGAR LEASE RATES AT THE MIDWAY REGION REGIONAL AIRPORT.

THE HANGAR RATES HAVE NOT BEEN EVALUATED IN A FEW YEARS, AND THEREFORE A PROFESSIONAL RATE ANALYSIS WAS CONDUCTED BY AIRPORT AND AVIATION'S APPRAISALS, A FIRM THAT PERFORMS THESE TYPES OF ASSESSMENTS THROUGHOUT TEXAS.

THEY REVIEWED OUR HANGAR SIZES, AMENITIES, AND LEASE RATES, UH, AND COMPARED THEM TO OTHER SIMILAR AIRPORTS IN THE REGION.

BASED ON THE STUDY THEY RECOMMENDED UPDATING OUR MONTHLY LEASE RATES FOR BOTH T HANGERS AND BOX HANGERS.

THE MIDWAY REGIONAL AIRPORT BOARD REVIEWED, UM, THE LEASE RATE INCREASES AND RECOMMENDED BY VOTE OF FOUR TO ONE, UM, FOR APPROVAL ON MARCH 13TH, 2025.

AND STAFF SUPPORTS, UM, THE, THE, THE RATES AS PRESENTED, THE NEW RATES WILL GO INTO EFFECT ON OCTOBER 1ST, 2025, UH, WHICH ALIGNS WITH OUR BUDGET PROCESS AND GIVES US AMPLE TIME TO NOTIFY TENANTS AND ANSWER ANY QUESTIONS THAT THEY HAVE.

THE ADJUSTMENT IS EXPECTED TO INCREASE THE ANNUAL REVENUE BY ABOUT 40,000, WHICH WILL GO DIRECTLY INTO THE AIRPORT OPERATIONS, INFRASTRUCTURE AND MAINTENANCE, UH, AND REDUCING THE IMPACT ON GENERAL FUND.

AND I'LL BE GLAD TO ANSWER ANY QUESTIONS IF THERE ARE SOME.

DUSTIN, CAN YOU GIVE US SOME HISTORY ON, UH, ABOUT HOW LONG THIS HAS BEEN BEING DIS DISCUSSED AND CONSIDERED? UH, I, I BELIEVE IT STARTED,

[00:25:01]

THERE HAS BEEN CONVERSATIONS BACK AND FORTH AND, AND, UM, BUILDING THIS APPRAISAL AND THEN TAKING BEFORE THE BOARD, WHICH WAS APPROVED IN MARCH OF 13 OF 25.

AND DO WE, UH, CURRENTLY HAVE A WAITING LIST FOR OUR HANGERS AT THE AIRPORT? YES, MA'AM.

THERE IS A, UH, A WAITING LIST THAT WE HAVE NOW.

UM, IT'S A PRETTY EXTENSIVE WAITING LIST AS IT IS TODAY.

UH, BUT WHENEVER WE START GOING THROUGH THERE, WE GIVE, WE GIVE THE OPPORTUNITY FOR THE NEXT PERSON ON THE LIST TO COME FORWARD.

SO THERE ARE, THERE ARE MULTIPLE PEOPLE ON THE WAITING LIST TODAY BECAUSE I AM AWARE, UM, THAT THERE HAS BEEN A WAITING LIST FOR, FOR YEARS, SOME YEARS.

AND I DON'T KNOW HOW THAT HAS GROWN.

UH, UH, BUT I AM AWARE THAT THERE HAS BEEN A WAITING LIST AND, UM, AND THE NEED, UH, TO INCREASE THOSE RATES TO BE MORE COMPARABLE WITH OTHER STORAGE FACILITIES FOR AIRCRAFT.

SO THANK YOU FOR THAT INFORMATION.

YES, MA'AM.

ALRIGHT, JUST A QUESTION.

I KNOW Y'ALL HAD A GUY GO THROUGH AND DO APPRAISALS, BUT DID THEY TAKE SUPPLY AND DEMAND INTO, TO CONSIDERATION AT ALL WHEN THEY CAME UP WITH THE RATES THEY'RE DOING JUST BECAUSE OF, YOU KNOW, EVERYBODY ELSE, IF YOU'VE GOT 20 HANGERS AND A THOUSAND PEOPLE THAT WANT 'EM AND YOU RAISED THE RATE $50, WELL, WE'RE FIXING HERE IN A MINUTE TO GO THROUGH AND WANT TO APPROVE OR WE ALREADY APPROVED PUTTING NEW ROOFS ON ALL THESE THINGS THAT ARE GONNA COST A HECK OF A LOT MORE MONEY THAN THAT .

IT SEEMS TO ME THAT THE RATES WOULD BE, I'M NOT ASKING TO GO CHANGING THIS NOW 'CAUSE THEY'VE DONE IT, BUT I'VE BEEN TO THOSE AIRPORT BOARD MEETINGS AND THE PEOPLE ON THE BOARD TEND TO ALL HAVE HANGERS AND DON'T WANNA RAISE THE RATE.

AND THEN THE OTHER PEOPLE DO, BUT THEY HAVEN'T BEEN RAISED IN, IN YEARS AND ALL THAT.

AND I JUST, I DON'T UNDERSTAND WHY WHEN WE HAD SO MANY PEOPLE THAT WANT HANGERS AND FOR SOME REASON WE CAN'T GET BOTH CITIES TO AGREE TO BUILD SOME MORE HANGERS WHEN WE GOT PLENTY OF ROOM TO BUILD SOME HANGERS.

WHY WE DON'T CHARGE FOR MORE FOR THE ONES WE GOT IS JUST SIMPLE SUPPLY AND DEMAND, WHICH IS THE WAY WE RUN OUR COUNTRY.

SO DO THEY TAKE THAT INTO ACCOUNT AT ALL? COUNCILMAN SMITH? I, I MIGHT BE ABLE TO SHED SOME ON THAT FOR YOU.

STRIKE ONE.

SO, UH, WHO WERE YOU TALKING TO? YOU CALLED ME CAPTAIN SMITH.

OH, SORRY, COUNCILMAN WRIGHT.

UM, I CAN, I CAN SHED A LITTLE LIGHT ON THAT.

UM, WE, THAT, THAT PARTICULAR INCREASE, UH, WAS TAKEN, UH, AS WE TOOK SURVEYS FROM, FROM A LOT OF DIFFERENT, UH, OTHER AIRPORTS AS WELL AS DID A, UH, RESEARCH AS FAR AS HOW MUCH INFLATION INFLATIONARY EXPENSES IN THIS AREA HAVE GONE UP AND, AND TOOK THE FACTOR OF THOSE TWO AND, AND CAME UP WITH A DECISION.

WELL, THEY SEEM HIGHER THAN WHAT I SAW THE LAST TIME I WENT TO THE MEETING.

SO OBVIOUSLY THEY DID AND, AND ADJUSTED THEM.

SO I'M, AND ALSO WE, WE, WE HAVE BEEN WORKING WITH, UH, MIDLOTHIAN, UH, TO EXPAND, UH, HANGERS.

WE NEED TO .

YEAH.

SO IT'S, IT'S, IT'S IN THE WORKS.

GREAT.

BEFORE WE PASS THIS OR VOTE ON THIS, UM, I'VE HEARD RUMORS, I'VE NEVER ACTUALLY BEEN OUT THERE TO LOOK INSIDE ALL OF LIKE THE HANGERS THAT SOME FOLKS HAVE DECIDED TO USE SOME OF THE HANGERS ESSENTIALLY AS STORAGE.

UM, AND THEY ARE NOT ACTIVE.

HAVE WE DONE AN INVENTORY TO ENSURE THAT THAT'S NOT WHAT'S GOING ON BEFORE WE START TO RENEW LEASES? SO THERE IS, THERE IS AN ANNUAL, UM, AT LEAST ANNUAL INSPECTION OF HANGERS THAT OUR AIRPORT MANAGER GOES THROUGH AND DOES, UM, ON ALL HANGERS.

UM, THAT IS A, UH, REQUIREMENT'S NOT SUPPOSED TO BE A STORAGE.

THERE'S ONLY CERTAIN THINGS THAT ARE SUPPOSED TO BE IN THE, UH, HANGERS.

UM, IT'S DETAILED OUT A LITTLE BIT MORE SO IN OUR LEASE.

UM, BUT THAT IS SOMETHING THAT, UH, THE AIRPORT MANAGER GOES THROUGH AND OBSERVES AND, AND, AND TRIES TO CORRECT AS IT COMES UP.

DOES, DOES THE LEASE, ESPECIALLY THE NEW LEASE, INCLUDE ANYTHING ABOUT FLIGHT HOURS OR USE OR, HEY, YOU CAN'T HAVE FLAT TIRES ON YOUR, ON LIKE THE AIRCRAFT 'CAUSE IT'S BEEN SITTING FOR SIX YEARS, UM, SO THAT THE HANGERS ARE BEING ACTIVELY USED.

DO WE HAVE ANYTHING LIKE THAT IN THE LEASE? IT'S, IT'S, I DON'T RECALL OFF THE TOP OF MY HEAD.

UM, BUT IT IS NOT SUPPOSED TO BE A, IT, THE, THE, THE PLANES THAT ARE IN THE HANGERS ARE SUPPOSED TO BE MOBILE PLANES.

.

YEAH.

IN, IN THE LEASE IT, THEY HAVE TO BE INSPECTED AND, AND, UM, UH, AIR WORTHY AND EVERYTHING ELSE SO THEY CAN'T HAVE FLATS AND THINGS LIKE THAT.

AND THEN ALSO TOO, CHARLOTTE'S GONE THROUGH AND DONE QUITE A FEW INSPECTIONS TO CLEAN UP SOME OF THOSE THINGS THAT YOU WERE TALKING ABOUT WHERE PEOPLE WERE STORING AND HAD THINGS IN THERE THAT THEY SHOULDN'T BE.

UH, SHE'S BEEN WORKING

[00:30:01]

NICE.

AND THEN IN THE SAME KIND OF VEIN, YOU CAN JUST NOD YES OR NO IF THIS IS BEING WORKED ON, BUT I'VE HEARD COMPLAINTS ABOUT FUEL COSTS.

ARE WE WORKING TO ADDRESS ANY OF THAT BEFORE OCTOBER ONE? OKAY.

THAT'S ALL I GOT.

JUST WANTED TO ASK SINCE WE HAD HER HERE.

I GOT ONE QUESTION.

OKAY.

I'M LOOKING AT THE, THE INCREASE IN THE BOX HANGERS.

WHEN WAS THE LAST TIME THE BOX HANGER LEASE OR RATES WERE ACTUALLY LOOKED AT? BECAUSE THIS IS QUITE TROUBLING THAT I SEE ANYWHERE FROM ALMOST 18% TO ALMOST 34% THAT WE'D NEED TO RAISE TO MEET FAIR MARKET VALUE FOR THAT SPACE.

UM, WHEN'S THE LAST TIME ANYTHING'S BEEN DONE ON THIS, UH, THE LAST TIME THAT THE, THE RATES WERE, WERE LOOKED AT? I BELIEVE YEAH, IT WAS LIKE WHAT, 2022 OR 2023? I, I WANNA SAY, YEAH, I WAS TRYING TO FIND THE DATE, BUT IT WASN'T, IT WAS JUST A CROSS THE BOARD.

THERE WAS NO RHYME OR REASONING TO IT.

THERE WAS NO INSPECTIONS, THERE WAS NO LOOK AT THE MARKET, NOTHING LIKE THAT.

IT WAS JUST, IT WAS A 10% INCREASE.

WE WE'RE JUST GONNA DO JUST A 10% ACROSS THE BOARD INCREASE.

WHEREAS THIS ONE ACTUALLY LOOKS AT THE DIFFERENT HANGERS AND THE SIZES AND THEIR AMENITIES TO GET A MORE JUSTIFIED RATE ON WHERE, WHERE IT'S COMPARABLE TO THE OTHER AIRPORTS.

WELL, AND I APPRECIATE THAT AND THAT, THAT WHAT NEEDS TO BE DONE, BUT IT COULD GOES TO, GOES TO SHOW THAT THEY WERE WAY BELOW FAIR MARKET VALUE WHEN EVEN WITHIN 10% INCREASE THAT YOU'RE STILL LOOKING AS HIGH AS 34% THE NEED TO BRING IT UP.

WHICH WHEN WE LOOK AT THE, UH, REVENUE FROM THESE TO BE ABLE TO PROVIDE AIRPORT STAFF THE ABILITY TO OPERATE, I THINK THAT THEY'RE BEING HANDCUFFED.

SO I WOULD ENCOURAGE US TO, TO, YOU KNOW, I DON'T KNOW HOW OFTEN, BUT WE CAN'T HAVE THAT.

I'M SURE THAT YOU WOULD'VE PREFERRED TO HAVE AN EXTRA 40 GRAND AROUND TO OPERATE ON.

RIGHT.

COUNCILMAN SUITOR? UH, THESE, THESE PARTICULAR INCREASES, UH, I HAD STAFF DO A, UM, A FINANCIAL ON IT ON WHAT THAT WOULD INCREASE IN REVENUES.

AND IT'S ABOUT 76,000 I BELIEVE IS WHAT THE NUMBER WAS THAT RIGHT CHARLOTTE? THAT, THAT INCLUDES THE CORPORATE HANDS.

YEAH.

CORPORATE.

OH, THAT CORPORATE.

CORPORATE, YEAH, THE CORPORATE AND IS 40,000.

BUT OKAY.

BUT THAT'S THE PROBLEM IS THAT WE DIDN'T DO THAT BEFORE.

I'M ON IT.

SO WE JUST NEED, IT JUST NEEDS TO, AGAIN, WE CAN DEFINITELY USE THE MONEY OUT THERE.

SO, UM, AND I THINK, AND, AND GOING FORWARD IN THE FUTURE, EVERY YEAR WHEN WE DO OUR BUDGET, WE LOOK AT OUR OTHER RATES AND FEES THROUGHOUT THE CITY.

WE NEED TO TAKE A LOOK AT THIS.

BEFORE IT WAS THE AIRPORT BOARD THAT WAS RIGHT.

MANAGING ALL THAT NOW THEN IT'S WITH THE CITIES MM-HMM .

SO THANK YOU.

YEAH.

I HAVE TO AGREE WITH YOU.

UM, COUNCILMAN SUITOR.

JUST SO THAT WE NEVER HAVE TO, TO CROSS THIS BRIDGE AGAIN TO, TO RAISE IT THAT MUCH AT ONE TIME.

UH, THAT EVERY, PROBABLY EVERY YEAR IT NEEDS TO BE LOOKED AT.

PEOPLE CAN DIGEST A LITTLE BIT, A WHOLE LOT BETTER THAN A WHOLE LOT AT ONE TIME.

SO WELL, AND GIVE THE FOLKS THAT UTILIZE IT, THAT PAY THESE RATES SO THEY DON'T GET, GET A POP.

SURE.

LIKE THIS.

SO, OKAY.

IF THERE'S NO OTHER, DO YOU HAVE SOMETHING? I JUST WANNA ADD THAT, UM, JUST TO KEEP IN MIND AND JUST TO REMIND EVERYONE ON THE COUNCIL THAT THIS, THIS ACTION IS BECAUSE OF THE EFFORTS OF THAT JOINT MEETING BETWEEN THE CITY OF MIDLOTHIAN AND US.

UM, AND WE HANGING OUT A LOT, LOT OF THINGS IN THAT.

UM, AND WE GOT THE ORDINANCE CHANGED THAT, OR NO, THE BYLAWS CHANGED, UM, FOR THE AIRPORT ITSELF TO WHERE THAT THAT TOOK THE DECISION MAKING ON THINGS LIKE THIS AWAY FROM THE BOARD, WHICH TO PAT'S POINT IN 2022 AND 2023 WAS A VERY DISCOMBOBULATED, UM, DIDN'T WANT TO BE AROUND THEM BOARD .

UM, SO AGAIN, THANKS TO THE STAFF FROM BOTH CITIES AND, AND BOTH OF THE COUNCILS TO GET THIS BACK TO WHERE WE CAN ACTUALLY MAKE THESE THESE DECISIONS NOW.

VERY GOOD.

ALRIGHT.

IF THERE'S

[00:35:01]

MADAM MAYOR I, I MOVE TO APPROVE THE ORDINANCE AMENDING HANGAR LEASE RATES AT MIDWAY REGIONAL AIRPORT AND AUTHORIZE THE CITY MANAGER AND OR MAYOR TO EXECUTE ALL DOCUMENTS AS NECESSARY.

SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES UNANIMOUSLY.

THANK YOU COUNSEL.

[10. Consider approval of change order requests for City Hall Remodel and Construction Project]

THE ITEM YOU HAVE BEFORE YOU TONIGHT, UH, IS A REQUEST TO APPROVE THREE CHANGE ORDER REQUESTS, UH, FOR THE CITY HALL REMODELING CONSTRUCTION PROJECT TOTALING $793,511.

THESE ARE NECESSARY ADJUSTMENTS TO KEEP THE PROJECT ON SCHEDULE AND ARE STILL WITHIN THE, UH, ESTABLISHED BUDGET CHANGE ORDER.

ONE, UH, COSTS INCLUDE ARE RELATED TO THE MITIGATING OF UNFORESEEN CONDITIONS, UH, DISCOVERED DURING DEMOLITION.

THAT'S PRIMARILY STRUCTURAL ELEMENTS THAT DIDN'T MATCH THE ORIGINAL PLANS, UH, AS WELL AS AN EARLY RELEASE PACKAGE FOR LONG LEAD TIME MECHANICAL EQUIPMENT, WHICH IS CRITICAL FOR KEEPING THE PROJECT ON SCHEDULE CHANGE.

ORDER NUMBER TWO, UH, COVERS ENVIRONMENTAL TESTING AND ABATEMENT FOR THE HISTORICAL 1911.

UH, BUILDING CHANGE ORDER.

THREE INCLUDES ADDITIONAL UNDERGROUND WORK INCLUDING ELECTRICAL, PLUMBING, UH, CONCRETE AND DRAINAGE BASED ON THE CIVIL DESIGN UPDATES THAT ARE NEEDED TO COMPLETE STORM WATER AND SUBSURFACE TIE-INS.

THE DISCOVERY OF UNKNOWN CONDITIONS AS THIS PROJECT PROGRESSED WAS ANTICIPATED AND THE CHANGES ARE COVERED WITHIN THE APPROVED BUDGET.

AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT I CAN.

THANK YOU COUNSEL.

YES, MA'AM.

I HAVE ONE, UH, CONCERNING CHANGE ORDER TWO AND THE ABATEMENT.

YES SIR.

DID WE NOT DO THAT IN 2000 WHEN WE REMODELED THEN THERE'S, I'M NOT A HUNDRED PERCENT CERTAIN ABOUT THAT, BUT I WILL TELL YOU THAT THE ABATEMENT IS, THERE'S, THERE ARE SOME THINGS THAT NEED TO BE ABATED IN THAT BUILDING STILL TODAY.

CAN, CAN I JUMP ON WHAT MR. SMITH IS SAYING? AND I I WOULD JUMP ONTO THAT AND ALSO SAY NOT ONLY WHEN THEY ORIGINALLY DID IT BACK WHEN THEY ADDED ON THE OTHER OR AND DID THAT, BUT WHEN THEY GAVE US THE PROPOSAL TO DO THIS PROJECT AND GAVE US A PRICE, IT'S NOT LIKE THAT 1911 BUILDING WASN'T CURRENTLY STANDING THERE WITH THE ISSUES RIGHT IN FRONT OF THEM TO NOW COME UP OUT OF THE CLEAR BLUE AND SAY WE NEED $293,000 TO DO SOMETHING.

THAT WAS OBVIOUSLY GONNA HAVE TO BE DONE.

'CAUSE THE BUILDING WAS BUILT IN 1911.

IT SEEMS TO ME LIKE A MR. SUITER HERE ALWAYS HAS A PROBLEM WITH THE CONTINGENCIES AT THE END OF THE CONTRACT.

AND I'M ASSUMING THAT'S WHY THIS PRICE ISN'T CHANGING TO THE BOTTOM LINE BECAUSE THEY'RE USING UP THAT CONTINGENCY.

AND WHAT I, WHAT I DON'T LIKE ABOUT THIS IS I CAN SEE AT THE END OF THE PROJECT, ESPECIALLY WITH WHAT'S GOING ON RIGHT NOW IN THE ECONOMY AND THEM SAYING THAT, WHO KNOWS WHAT'S GONNA HAPPEN TO PRICES AND THINGS BY THE TIME WE GET THERE, WE'RE GONNA HAVE IT COMING UP AND SAYING, ALL RIGHT, WELL WE WERE GONNA HAVE TO GO OVER THE BOTTOM LINE FIGURE BECAUSE ALL THESE PRICES WENT UP AND NOBODY COULD HAVE FIGURED THAT WAS GONNA HAPPEN.

WELL THIS $293,000 KIMLEY HORN OR WHOEVER IT WAS THAT DID THIS, IN MY OPINION, SHOULD EAT $293,000 WORTH OF ENVIRONMENTAL LOOKING AND, AND ABATEMENT THAT THEY SHOULD HAVE HAD IN THE ORIGINAL BID.

AND I DON'T UNDERSTAND WHY THEY DIDN'T.

IS THERE ANYBODY HERE FROM THEIR COMPANY THAT CAN EXPLAIN WHY THAT WASN'T IN THE ORIGINAL BID HANG BEFORE? I THINK YOU'RE ON THE RIGHT TRACK.

BUT THAT, WHAT DID WE CHANGE IN THE FINISH OUT THAT'S RESULTING IN NEEDING TO ABATE ANYTHING? ARE WE, ARE WE TEARING OUT FLOORS NOW? ARE WE TEARING OUT WALLS WE DIDN'T PLAN TO? DID WE CHANGE WALL COVERINGS? WHAT DID, WHAT DID WE CHANGE THAT COULD HAVE LED TO THIS NOT BEING INCLUDED? THE BIGGEST THE BIGGEST DIFFERENCE WITH, WITH THE CHANGE IN, IN THIS UH, NOT BEING INCLUDED IS WHENEVER THEY WERE GOING THROUGH AND THEY WERE DOING THEIR ESTIMATES, THEY HAD DONE, THEY HADN'T DONE THE ENVIRONMENTAL TESTING.

SO WHENEVER YOU GET, WE WENT IN AND THEY DID SOME SPOT CHECKS FOR ASBESTOS AND THE LEAD AND DIFFERENT THINGS LIKE THAT.

SO THEY FOUND A LOT MORE IN THERE THAN WHAT WAS ANTICIPATED.

AND THEN ALSO, UH, I THINK THERE WAS SOME PART ON THE, UH, THE CEILING OR THE ROOF THAT THEY COULDN'T SEE UNTIL THEY GOT IN THERE AND STARTED DOING SOME, UH, SELECTIVE DEMO THAT THEN EXPOSED IT WHERE THERE IS PAINT THAT'S FLAKING AND FALLING OFF THAT THEY'RE GONNA HAVE TO TAKE OFF, TAKE DOWN FROM THERE AND TAKE THAT OFF.

SO THE REASON FOR

[00:40:01]

'CAUSE AT THE BEGINNING THEY'RE MAKING ASSUMPTIONS.

UM, RIGHT.

AND, AND, AND NOT TO CUT YOU OFF, BUT WE'RE, WE'RE, WE'RE GOING IN CIRCLES HERE.

WHAT DID WE CHANGE IN THE SCOPE THAT'S LEADING TO ADDITIONAL ABATEMENT? 'CAUSE YOU ONLY HAVE TO ABATE IF YOU'RE GOING TO DISTURB.

SO WHAT ARE WE NOW DISTURBING THAT WE WEREN'T DISTURBING PREVIOUSLY? ARE WE TEARING OUT FLOORING INTO A HISTORIC STRUCTURE? ARE WE TEARING OUT WALLS INSIDE A HISTORIC STRUCTURE THAT WE DIDN'T PLAN TO IN THE FIRST PLACE? WHY ARE WE HAVING $293,000 TO, FOR ASBESTOS AND LEAD REMEDIATION? IS THAT SIGNIFICANT? I MEAN THAT, THAT IS A BIG NUMBER TO, TO DO THE ENTIRE CHURCH THAT GOT TORN DOWN BY THE COUNTY BUILDING AND THAT WAS MUCH LARGER THAN THIS BUILDING WAS $275,000.

SO HOW IN THE WORLD ARE WE AT THIS LARGE OF A NUMBER? WHAT HAVE WE CHANGED IN OUR SCOPE THAT'S LEADING TO HAVING TO DO REMEDIATION ON THIS MUCH OF THE HISTORIC BUILDING? BECAUSE IF WE'RE NOT DISTURBING IT, YOU CAN PUT NEW FLOORING OVER THE OLD FLOORING.

RIGHT.

AND THAT'S WHY, AND THIS NUMBER IS WHENEVER THEY GOT IN THERE AND STARTED LOOKING AT IT, GOT MORE INFORMATION, THIS NUMBER IS WHAT THEY CONSIDER TO BE THE TOP END NUMBER.

IF THEY HAD TO DO ALL THE REMEDIATION OF EVERYTHING THAT'S IN THERE NOW ONCE THEY GET IN, THEY'RE HOPING THAT THEY DON'T HAVE TO DO THAT.

THAT THEY ARE GONNA HAVE TO DISTURB, UH, MORE THAN WHAT THEY JUST ABSOLUTELY HAVE TO.

AND SO THAT NUMBER WOULD ACTUALLY BE LESS THAN THE 200 AND, AND THE 94.

SO THAT'S KIND OF THE ULTIMATE NUMBER THAT THEY'RE WANTING TO PUT IN THERE TO BE ON THE, THE SAFE SIDE.

THAT'S NOT THE SAFE SIDE.

THAT IS, THAT'S YOU TEAR OUT EVERY WALL OF THE BUILDING AND FLOOR AND GO BACK TO THE STUDS IS WHAT THAT NUMBER IS.

I STILL HAVE TO AGREE SORT OF WITH MR. SMITH HERE ON THE SCOPE ELEMENT, WHICH IS WHEN THEY GAVE US A PRICE THEY HAD GONE IN AND I'M ASSUMING THEY HAD DIRECTION AT WHAT WE WERE GONNA DO IN THESE BUILDINGS AND WHAT WE WERE GONNA BUILD A NEW ONE AND THEN WE WERE GONNA USE THIS BUILDING AND WHAT WE WERE GONNA WANT DONE TO THIS BUILDING.

'CAUSE IF NOT, HOW DID THEY COME UP WITH THE PRICE IN THE FIRST PLACE? SO WHEN THEY WERE COMING UP WITH THAT PRICE, THEY KNEW WHAT WORK WE WERE GONNA DO IN THE 1911 BUILDING.

THEY SHOULD HAVE BEEN ABLE TO GO THROUGH AND CHECKED TO SEE IF THEY WERE GONNA HAVE TO DO ENVIRONMENTAL TESTING.

I UNDERSTAND THE PART IN THE ROOF THINGS THAT ARE HIDDEN THAT YOU CAN'T FIND THE THINGS UNDERGROUND AND THE THINGS THAT ARE IN THE ROOF.

BUT THIS IS ALL THREE FLOORS, WHICH THOSE ARE THINGS OUT IN THE OPEN THAT ARE OBVIOUS.

AND THEY HAD THE PLANS THAT CAME DOWN WHEN THEY GAVE US A PRICE.

AND I UNDERSTAND THERE'S CHANGES THAT COME ALONG THROUGH THE THING, BUT WHEN THE THINGS THAT ARE IN MY OPINION SHOULD BE BLATANTLY OBVIOUS, WHEN YOU GO INTO IT AND YOU'RE GIVEN A BID AND THEN YOU SAY, OOPS, WE MADE A BOO BOOO, WE WANT 294,000 MORE DOLLARS.

YEAH.

THERE'S NO WAY A CONTRACTOR WA WALKED THROUGH THERE AND DIDN'T SAY, HEY, WE'RE GONNA HAVE TO LOOK AT THE TILE FLOORING HERE 'CAUSE OF THAT GLUE OR LOOK AT THE PAINT HERE OR, I MEAN THERE'S, THERE'S, THERE'S NO WAY.

IT'S JUST NOT THAT THAT WASN'T IDENTIFIED UNLESS, UNLESS WE CHANGED THE SCOPE.

SO IF ORIGINALLY WE WERE GOING TO LEAVE THE FLOORS AND NOW WE'RE NOT, SOMEBODY NEEDS TO SAY THAT, BUT SOMETHING HAD TO HAVE CHANGED ON OUR END.

I CAN'T IMAGINE THAT THEY WALKED THROUGH THAT BUILDING KNOWING WHAT CHANGES WE WERE GOING TO ASK FOR AND NOBODY ON THEIR TEAM SAID, HEY, IT'S BUILT IN 1911.

WE SHOULD PROBABLY THINK ABOUT THE POTENTIAL LEAD BASE PAINT BEHIND THAT WALL OR THE ASBESTOS IN THE, IN THE ADHESIVE IN THAT FLOORING.

SO I ALSO DID SOMETHING CHANGE.

I ALSO HAVE A LITTLE BIT OF AN ISSUE WITH THE FACT THAT THEY'RE SENDING YOU UP HERE TO ASK FOR THE MONEY.

WE'RE THE ONES THAT ARE ASKING FOR IT.

THERE OUGHT TO BE SOMEBODY HERE CAN ANSWER OUR QUESTION IF THEY'RE GONNA ASK FOR $293,000 'CAUSE THEY GOTTA DO EXTRA ABATEMENT AND ALL THAT.

SOMEBODY OUGHT TO BE HERE TO DEFEND WHY THEY NEED $293,000 TO DO IT.

IS THERE ANY OF 'EM HERE? NO SIR.

THEN I CAN TELL YOU WHENEVER IT COMES DOWN TO IT, I WILL MAKE THE MOTION TO APPROVE THIS WITHOUT ITEM TWO IN IT.

BUT I WOULD LIKE FOR THEM TO HAVE TO SIT DOWN TO THE CITY COUNCIL AND EXPLAIN TO THE CITY COUNCIL

[00:45:01]

YEAH.

WITH THEM NOT BEING HERE MAKES OUR STAFF LOOK LIKE IT'S, IT'S OUR STAFF'S FAULT.

SO WITH NO ONE HERE THAT CAN SPEAK ON THEIR BEHALF, IT'S JUST THEM ASKING FOR $293,000 AND NO ANSWER AS TO WHY.

WELL, AND I'D LIKE TO GO BACK TO THE MEETING WE HAD WHERE THEY WERE DOING THE PRESENTATION AND TALKING ABOUT ALL OF THIS.

AND WE, AT THAT TIME, I KNOW THAT WAS BEFORE YOU WERE HERE, WE WERE VERY SENSITIVE.

I MEAN I THINK THAT EVERYBODY WAS THERE BROUGHT UP HOW SENSITIVE THEY WERE TO COMING BACK WITH CHANGE ORDERS.

ESPECIALLY WHEN YOU'RE TALKING ABOUT THIS MUCH MONEY AND AGREE WITH, WITH TRAVIS IS THAT YOU, YOU KNOW, WHEN YOU HAVE A 1911 BUILDING, YOU'RE ALREADY GONNA EXPECT STUFF LIKE THIS, UM, FOR IT TO, TO COME OUT OF THE, OUT OF THE BLUE.

I MEAN, I HAVE REAL PROBLEMS BECAUSE OF THE FACT THAT THEY KNEW THAT WE DID NOT WANT THEM COMING BACK AND DOING SO.

NOW SOME OF THEM, YEAH, THEY'RE GONNA HAPPEN.

AND, AND AGAIN, ONE IN THREE MAKE PERFECT SENSE.

THIS ONE TO ME MAKES NO SENSE.

AND I DON'T BLAME STAFF, I BLAME THEM.

AND THEY SHOULD HAVE HAD SOMEBODY HERE AND I MEAN $300,000 OUTTA NOWHERE BECAUSE YOU, YOU, YOU'RE GONNA KNOW THAT YOU'RE GONNA HAVE PROBLEMS WITH THE 1911 BUILDING AND I'M NOT, I DON'T WANT YOU TO TAKE IT THAT I'M COMING DOWN HARD ON YOU.

IT'S, I'M HOPING THEY'RE WATCHING THIS THING AND THEY REALIZE THAT ESPECIALLY WITH THE AMOUNT OF BUSINESS THAT, THAT OR THE SIZE OF THIS PROJECT, THEY NEED TO HAVE SOMEBODY HERE.

AND IT'S NOT JUST YOU.

SO PLEASE DO NOT TAKE IT THAT I'M THAT OR STAFF ANYBODY.

I GOT PROBLEMS ON THE CONTRACTOR.

THIS, YOU KNOW, THIS REALLY, YOU KNOW, TO COUNSEL THAT HAS TO APPROVE OR OR DENY, UM, YOU KNOW, THESE BIG TICKET ITEMS. IT REALLY HAS TO MAKE SENSE TO US.

AND I, I REALLY RECOMMEND MOVING FORWARD, UH, THAT SOMEBODY BE HERE THAT CAN EXPLAIN SOME OF THESE THINGS.

BECAUSE IF THEY CAN'T, WE'RE GONNA HAVE A REAL HARD TIME APPROVING THEM.

AND UM, YOU KNOW, NOT THAT WE WANT TO STALL THE PROJECT 'CAUSE WE DON'T, UH, BUT I DON'T THINK THERE'S A COUNCIL MEMBER SITTING UP HERE TONIGHT THAT'S COMFORTABLE PASSING THIS WITHOUT ANY ANSWERS AND SIGNIFICANT REAL ANSWERS.

DON'T, DON'T GIVE ME DANCE AROUND AND WHEN DISCUSSING IT WITH THEM, I THINK IT NEEDS TO BE BROUGHT UP.