* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:05] ALL [1. Call to Order ] RIGHT, LET'S GO AHEAD AND GET STARTED. GOOD EVENING. THANK YOU FOR BEING HERE THIS EVENING. I AM MAYOR BILLY WALLACE. UH, THANK YOU ALL FOR, UH, BEING IN ATTENDANCE. UH, SOME OF YOU MAY HAVE AN ITEM, UH, ON THE AGENDA AND, UH, UH, WHETHER YOU DO OR YOU DON'T, THANK YOU FOR BEING HERE. AND THANK YOU FOR CARING ABOUT OUR WONDERFUL CITY OF WAXAHATCHEE. I DO WANT TO ACKNOWLEDGE WE DO HAVE A, A DESOTO COUNCIL MEMBER WITH US THIS EVENING, MS. DEBORAH NORTH. UM, THANK YOU FOR BEING HERE, MS. NORTH. I'VE HAD THE PLEASURE TO WORK ALONGSIDE HER, UH, IN, UH, SOME DIFFERENT AREAS. AND, UH, I KNOW I KNOW YOU FROM YEARS AGO TOO, AND I, I, I CAN'T REMEMBER HOW WE CROSSED PATHS, BUT THANK YOU FOR BEING HERE TONIGHT. UH, WITH THAT, IF YOU WOULD STAND FOR THE INVOCATION, PLEASE, PLEASE JOIN WITH ME IN THE WORD OF PRAYER. LORD, THANK YOU FOR THIS OPPORTUNITY TO COME TOGETHER THIS EVENING AND DO THIS CITY'S BUSINESS. WE ASK THAT YOU WATCH OVER THESE PROCEEDINGS AND GIVE THE COUNCIL MEMBERS THIS INSIGHT AND WISDOM ON HOW TO, UH, DECIDE, UH, THE BUSINESS OF THE CITY. WE THANK YOU ON THE BACK END OF OUR CELEBRATION OF THIS COUNTRY'S BIRTH, UH, FOR THE PRIVILEGE TO LIVE IN SUCH A GREAT NATION. UH, THE PRIVILEGE THAT WE HAVE, UH, JUST BEING, UH, RAISED AND ABLE TO RAISE OUR FAMILIES HERE IN THIS COUNTRY. UH, WE HAVE BENEFITS THAT A LOT OF COUNTRIES DON'T HAVE, AND IF WE JUST THANK YOU FOR THAT, WE THANK YOU FOR THE ABILITY TO, FOR SPEAK ABOUT YOU OPENLY AND PUBLIC, AND, UM, THE ABILITY TO SHARE THE GOSPEL WHEREVER WE GO. AND MOST OF ALL, I WANNA THANK YOU FOR YOUR LORD, OUR LORD AND SAVIOR, YOUR SON, JESUS CHRIST, WHO GIVES US THE OPPORTUNITY FOR ETERNITY WITH YOU. IN CHRIST NAME WE PRAY. AMEN. AMEN. THANK YOU. AND JOIN US FOR THE PLEDGE. I PLEDGE JESUS TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE. FOR ALL HONOR, HONOR THE TEXAS FLAG, A PLEDGE, PLEDGE ALLEGIANCE TO BE TEXAS. ONE STATE UNDER GOD. ONE INDIVISIBLE. THANK YOU. MAY BE SEATED. THAT [5. Public Comments] BRINGS US TO ITEM NUMBER FIVE. 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. THE TEXAS GOVERNMENT CODE SPEAKERS MUST OBSERVE THE THREE MINUTE TIME LIMIT. AND I HAD ONE PERSON THAT WOULD LIKE TO SPEAK DURING PUBLIC COMMENTS. UH, MR. STACO, IF YOU WOULD, UH, COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS. THANK YOU, MAYOR. YOU'RE WELCOME. COUNCIL MEMBERS APPRECIATE Y'ALL'S GIVING ME THIS TIME. MY NAME IS WIND SALKE. I LIVE AT 50 19 APRIL LANE. UH, WE BUILT THAT HOUSE IN 2007. WE MOVED BACK TO CHE. I'M A GRADUATE IN 1982. KIDS GRADUATED FROM HIGH SCHOOL. ALSO BEEN A PART OF THIS COMMUNITY FOR A LONG, LONG TIME. UH, WE MOVED OUT THERE WITH THE ABILITY TO BE IN THE CITY, BUT STILL HAVE PART OF THAT COUNTRY LIVING WELL. THE COUNTRY LIVING'S NOT THERE MUCH ANYMORE BECAUSE THERE'S A LOT OF HOUSES OUT THERE. BUT, UH, OUR NEIGHBOR ON ITEM 10, WHICH THE PERMIT HAS BEEN PULLED, WHICH IS GREAT. UH, BUT WE STILL HAVE A CONCERN. UH, WE MOVED OUT THERE TO LIVE IN AN AREA THAT WAS PEACEFUL, UH, NO BUSINESSES RAN. HE HAS A 18 WHEEL TRAILER BACK THERE THAT HE TRAINS DOGS ON WITH A POOL, UH, AT 50 25. YOU CAN ALSO GO ON HIS WEBSITE WHERE YOU CAN SCHEDULE TIMES, UH, TO HAVE THE DOGS TRAINED. NOW IT'S CUTE TO A POINT, BUT AN 18 WHEELER OUT THERE HAS SIGNS THAT ARE AGAINST THE DEED RESTRICTIONS. DEED RESTRICTIONS ALSO SAY THAT YOU CANNOT RUN A BUSINESS OUT OF THESE RESIDENTIAL AREAS. UH, SO I JUST WANTED TO TAKE THE TIME TO MAKE YOU AWARE OF IT, AND HOPEFULLY YOU'LL HAVE THE ABILITY TO LOOK INTO IT FOR US. THANK YOU. THANK YOU. [6. Consent Agenda ] ITEM NUMBER SIX IS THE CONSENT AGENDA. ALL MATTERS LISTED UNDER ITEM SIX. CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL NOT BE SEPARATE DISCUSSION OF THESE ITEMS. APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE MAYOR, CITY MANAGER TO EXECUTE ALL MATTERS NECESSARY [00:05:01] TO IMPLEMENT EACH ITEM. ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION AND CONSIDERATION BY ANY MEMBER OF THE CITY COUNCIL. THIS WILL BE FOR ITEMS A AND B. MADAM MAYOR. I MOVE TO APPROVE ALL ITEMS ON THE CONSENT AGENDA AS PRESENTED AND AUTHORIZE THE CITY MANAGER AND OR MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS. DO HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU, COUNSEL. [7. Public Hearing on a request by Gina McLean, Nationwide Construction for a Specific Use Permit (SUP) for a Noxious Use within a Light Industrial-2 (LI-2) zoning district located at 4740 North Interstate 35E (Property ID 188456) – Owner(s): Nutrenare-Ag Inc (ZDC 183-2025) ] IT BRINGS US TO ITEM NUMBER SEVEN, A PUBLIC HEARING ON A REQUEST BY GINA MCLEAN, NATIONWIDE CONSTRUCTION FOR A SPECIFIC USE PERMIT FOR A NOXIOUS USE WITHIN A LIGHT INDUSTRIAL TWO ZONING DISTRICT, LOCATED AT 47 40 NORTH INTERSTATE. 35 E TRENTON. THANK YOU. UH, THE APPLICANT HAS REQUESTED A SPECIFIC USE PERMIT FOR NOXIOUS USE IN ACCORDANCE WITH OUR, UH, ZONING REGULATIONS. UH, ANY TYPE OF NOXIOUS USE OR THE EXPANSION OF A NOXIOUS USE DOES REQUIRE A SPECIFIC USE PERMIT IN THIS, IN THE LI TWO ZONING DISTRICT. UH, WHAT THE EXISTING USE IS IS THEY CURRENTLY, UH, STORE SOME CHEMICALS ON THE PROPERTY. IT'S, UH, AG FACILITY, UH, CURRENTLY OCCUPIES THE SUBJECT PROPERTY. THIS IS LOCATED AT 47 40 NORTH INTERSTATE I 35 EAST. THE SUBJECT PROPERTY, UM, TO THE SOUTH HAS SOME INDUSTRIAL USES, UH, TO THE NORTH AND NORTHWEST OF THE, OF THE SUBJECT PROPERTY. AND NORTHEAST. THERE'S, UH, TOWN HOMES, SINGLE FAMILY. THERE'S A LIFE SCHOOL UP ON BUTCHER ROAD. UH, THERE'S RETAIL TO THE EAST AND THEN TO THE WEST. UH, THERE'S UNDEVELOPED LAND FOR, UH, VARIOUS USES, UH, ZONING SUCH AS LIGHTENED, LIGHT INDUSTRIAL, OR COMMERCIAL USES. AND THIS IS A BETTER ORIENT TO YOU WITH WHERE THIS PROPERTY IS LOCATED. UH, THE PROPERTY IS CURRENTLY ZONED, UH, LIGHT INDUSTRIAL TWO, ONCE AGAIN, IS SURROUNDED BY COMMERCIAL RESIDENTIAL LINE INDUSTRIAL LINE INDUSTRIAL TWO DISTRICTS, UH, WORKING WITH THE APPLICANT. UM, THEY, THEY'VE, THEY'VE BEEN GREAT TO WORK WITH. DURING THIS TIME, UM, WE HAVE GONE THROUGH VARIOUS, UH, HAZARD MITIGATION PLANS, UH, WHICH THEY HAVE ATTACHED AS EXHIBIT F AS PART OF YOUR PACKET AND IN THE ORDINANCE. UM, ONE OF OUR CONCERNS ABOUT THIS EXPANSION OF THIS NOXIOUS USE IS THE SURROUNDING PROPERTIES. WE HAVE RESIDENTIAL AND WE HAVE THE LIFE SCHOOL, WE HAVE COMMERCIAL. AND DUE TO THE PROPOSED USE, UM, STAFF'S CONCERN IS THE NEGATIVE IMPACT. THIS, UH, THAT THIS USE COULD HAVE AN EVENT THINGS GO WRONG. UM, AS YOU'RE ALL AWARE, THERE'S, UH, VARIOUS INCIDENTS THAT HAPPENED IN THE PAST, MACHI, UH, THE MAGNA BLEND FIRE, UM, EVERYTHING JUST KIND OF FELL IN PLACE WHERE THAT OCCURRED. UM, IT TOOK MANY DAYS TO PUT OUT AND TAKE CARE OF, UM, TOOK MANY, MANY, MANY YEARS TO MITIGATE THAT PROPERTY AND BRING IT BACK TO A STATE WHERE IT COULD BE REDEVELOPED. UM, STAFF DOES BELIEVE THAT EMERGENCY EVENT COULD RESULT IN ENVIRONMENTAL DAMAGE, DISRUPTION TO REGIONAL TRANSPORTATION EVACUATION OF THE AREA. NOW, AS PART OF THIS, UH, PROCESS, UM, IN, IN THEIR REDEVELOPMENT, THEIR ZONING APPLICATION, UM, THEY DID PROVIDE THE PROPER MITIGATION PLANS, FIRE PLANS, ET CETERA. THEY DID PROVIDE A DETAILED CHEMICAL LIST, UM, FOR THIS PROPOSED USE. SO THEY HAVEN'T DONE, AND THIS IS SOMETHING THAT THEY HAVEN'T DECIDED TO, IT WASN'T A USE THAT THEY, THEY STARTED DOING, AND THEN WE CAUGHT THEM AND THEY HAD TO STOP, BACKTRACK AND THEN CORRECT IT. UM, THEY CAME INTO US BEFOREHAND, UM, WANTING TO EXPAND THEIR USES, AND SO THEY'RE GOING THROUGH THE PROPER PROCESS OF THE SUP. SO I WANNA MAKE SURE THAT'S CLEAR. UM, THIS WASN'T SOMETHING DUE TO CODE ENFORCEMENT THAT WE STOPPED THEM. THEY WENT THROUGH THE PROPER PROCESSES, UM, TO COME THIS WAY. UM, HERE'S SOME IMAGES OF, UH, THE SOUTH SIDE OF THE STRUCTURE. WHAT'S CURRENTLY EXISTING? UM, JUST FEDERAL ORIENT YOURSELF WITH THIS PROPERTY. ADDITIONALLY, HERE'S THE PROPOSED SIDE PLAN. UM, THEY ADDING ADDITIONAL FIRE LANES, UH, TO THE NORTH. UM, THEY'RE EXPANDING, UH, THE STRUCTURES. UM, THEY WILL BE DOING SOME, UM, WE WILL BE REWORKING THIS DETENTION. UM, I DON'T KNOW THE PROPER TERMS. I CALL IT LIKE CONTAINER, UH, STORAGE AREA BASIN, UH, FOR THEIR FACILITY. UH, THEY'LL BE RELINING IT, UM, AND BRINGING THAT UP TO CODE. UH, BE BETTER UTILIZING WHAT'S GOING ON BEFORE THEY ARE DOING SOME THINGS INTERNALLY TO THE STRUCTURE. UM, IN THE EVENT, SOMETHING DOES HAPPEN TO TRY TO PREVENT, UM, ANYTHING LEAVING, LEAVING THE PROPERTIES NOW TO THE SOUTH OF THIS PROPERTY. UM, THE PROPERTY IS, UH, THE FLOODPLAIN, UM, FLOODWAY, [00:10:01] HERE'S A CREEK RIGHT HERE, UM, IS DIRECTLY COMES UP TO THE PROP SUBJECT PROPERTY. UM, THE PROPOSED LANDSCAPE PLAN, UM, ONCE AGAIN, THEY'RE MEETING OUR REQUIREMENTS FOR LANDSCAPING. UM, THERE ISN'T ANYTHING THAT THEY AREN'T MEETING, UM, STAFF JUST HAS A LOT OF CONCERN OVER OBNOXIOUS USE IN THIS AREA WITH THE POTENTIAL OF WHAT THE HARMFUL, UH, IMPACT IT COULD HAVE ON THE SURROUNDING PROPERTIES. UM, THIS IS A MAP THAT, UH, THEIR TEAM PROVIDED SHOWING A HALF MILE RADIUS, UH, FROM THE FACILITY IF THE WINDS WERE TO BLOW US OUR OWN WAY IN THE EVENT. AND, UM, SOMETHING DID, UH, DID, DID HAPPEN. AND THIS IS A HALF MILE RADIUS FROM THE FACILITY. AND THIS IS A THREE MILE RADIUS. ONCE AGAIN, THREE MILE RADIUS AND A HALF MILE RADIUS INCLUDE THOSE TOWN HOMES, LIFE SCHOOL, UM, QUITE A BIT OF RETAIL AND SINGLE FAMILY RESIDENTIAL, MORE SINGLE FAMILY RE RESIDENTIAL TO THE SOUTHEAST AND EAST OF THE SUBJECT PROPERTY. UH, WHEN THIS WENT BEFORE THE PLAIN ZONING COMMISSION, UH, THE PLAIN ZONING COMMISSION DID RECOMMEND DENIAL WITH THE SIX ONE VOTE. STAFF ALSO DOES RECOMMEND, UM, DENIAL DUE TO OUR CONCERNS ABOUT THE LIFE SAFETY AND, UH, WELFARE OF THE PUBLIC. AND WE CAN ANSWER ANY QUESTIONS AT THIS TIME. AND THE APPLICANT IS ALSO HERE TO ANSWER ANY QUESTIONS. THANK YOU, TRENTON. THIS IS A PUBLIC HEARING. WE DID HAVE ONE INDIVIDUAL, UH, SIGN UP TO SPEAK. MR. JONATHAN FOY, IF YOU WOULD PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY. GOOD EVENING. MY NAME'S JONATHAN FOY. I RESIDE AT 1 0 0 4 WEST MARVIN AVENUE HERE IN WAXAHATCHEE. UH, WE HAVE SEVERAL CONCERNS WITH THIS PROJECT. WE, UH, I REPRESENT, I'M A CHIEF FINANCIAL OFFICER FOR THE VIRON ENERGY CORPORATION, AND WE HELPED DEVELOP SOME PROPERTY IN CONJUNCTION WITH JOHN HOUSTON HOMES TO BUILD, UH, AND DEVELOP LOTS FOR THOSE TOWN HOMES THAT HE MENTIONED. AND WE ALSO OWN SOME COMMERCIAL PROPERTY THAT WE'RE DEVELOPING IN THE NORTHEAST, UH, OF THIS PROPERTY. UM, I WAS ABLE TO GET SOME INFORMATION ABOUT THIS, AND I HAVE SOME SE SERIOUS CONCERNS ABOUT IT. THERE'S A LIST OF OVER 97 CHEMICALS AND PRODUCTS THAT ARE IN THIS PROPOSAL. AND, UH, IF YOU RUN AN ANALYSIS OF SPECIFIC PAIRS OF THOSE PRODUCTS, EITHER AS FINISHED GOODS OR RAW MATERIALS, THERE ARE OVER A DOZEN THAT, UH, CAN BE DANGEROUS, INCLUDING, UH, RISK OF CHLORINE, GAS, FIRE EXPLOSION, NITROGEN OXIDES, AND AMMONIA GAS. SO THERE'S SOME SERIOUS, UH, POTENTIAL PROBLEMS WITH THIS. AND WE WOULD ASK THAT YOU DENY THE SUP AS REQUESTED. THANK YOU. THANK YOU, SIR. MAY I ASK YOU A QUESTION? YOU MAY, UH, WHEN YOU GUYS PURCHASED THE PROPERTY TO BUILD THE PROPERTIES THAT Y'ALL BUILT TO THE EAST OF THIS PROPERTY, NORTH EAST, YES, SIR. WAS THE CHEMICAL PLANT CURRENTLY WHERE IT'S LOCATED NOW, THE PLANT IS, WAS, AS FAR AS I'M AWARE, WAS WHERE IT IS NOW. WE WERE NOT AWARE OF THE USE THAT, UH, WAS GOING ON AT THAT TIME. UH, AND IT'S MY UNDERSTANDING THAT IT WAS LAST EXPANDED IN 21, 22, UH, TIMEFRAME. AND UNDER THE RULES AT THAT TIME, IT DID NOT REQUIRE AN SUP, BUT IT DOES NOW, FOR WHATEVER REASON. MAYBE BECAUSE WE'VE DEVELOPED IT FURTHER AROUND THERE, I DON'T KNOW. BUT, UH, MAYBE YOU CHANGED THE RULES. Y'ALL WOULD PROBABLY KNOW MORE ABOUT THAT. OKAY. THANK YOU. THANK YOU. AND TRENTON, YOU CAN CORRECT ME IF I'M WRONG, BUT THE REASON THIS HAS TO COME BACK IS BECAUSE THE CURRENT, UH, AGREEMENT IS FOR THE LIST OF CHEMICALS THEY CURRENTLY HAVE, BUT THIS EXPANSION WITH THE NEW CHEMICALS IS WHY IT'S COMING BACK TO COUNCIL, CORRECT? CORRECT. YES, SIR. YEAH. AND THESE ARE MUCH MORE VOLATILE AND DANGEROUS CHEMICALS THAN WHAT THEY CURRENTLY HAVE IN GENERAL. THANK YOU FOR THAT INFORMATION. UH, THAT'S THE ONLY, UH, INDIVIDUAL THAT SIGNED UP TO SPEAK DURING THE PUBLIC HEARING. SO I'LL CLOSE THE PUBLIC HEARING AND I'LL DEFER TO COUNSEL FOR ANY DISCUSSION. UH, MAYOR, WE DO HAVE THE APPLICANT HERE. I, I BELIEVE THEY HAVE A PRESENTATION THEY'D LIKE TO SHARE, IF THAT'S AT ALL POSSIBLE, THEY CAN COME ON UP. HI, I AM GINA MCCLAIN, THE APPLICANT. MY ADDRESS IS 7 21 SOUTH FIFTH AVENUE IN MANSFIELD. UH, WE WANTED TO BRIEF Y'ALL ON THE HISTORY OF COSMIC CELL AND HOW WE STARTED. LIKE HE SAID, WE PERMITTED THIS BUILDING IN 2013, THE ORIGINAL BUILDING, AND THEN EXPANDED FIVE YEARS AGO AS WELL. IT WAS ALL ZONED INDUSTRIAL AT THE TIME. WE BUILT THE ORIGINAL BUILDING WITH NO PROBLEMS, AND WE'VE BEEN IN PRODUCTION THERE FOR 13 YEARS WITH NO INCIDENTS UP TO DATE. NOW, DURING THIS TIME PERIOD, COSMIC CELL HAS TURNED IN TO THE E-P-A-T-E-C-Q EACH YEAR, AN ANNUAL LIST OF THEIR CHEMICALS, [00:15:01] AND ANYTIME ANYTHING'S BEEN ADDED, IT'S ALSO BEEN SENT OVER TO THE EMERGENCY MANAGEMENT IN WAXAHATCHEE. SO ALL OF OUR CHEMICALS ARE LISTED ON TRACK WITH THE CITY CONSISTENT WITH THIS. AND AS TRENT SAID, WE DID GO FOR A PDC BECAUSE THEY WANTED TO BRING ADDITIONAL STUFF IN AND WE WANTED THE CITY TO BE AWARE OF IT. WHEN THEY INFORMED US THAT WE NEED AN SUP, THAT'S WHEN WE BEGAN WORKING WITH STAFF. NOW, I KNOW ONE ITEM HE BROUGHT UP, WHICH WAS BROUGHT UP IN THE ZONING COMMISSION, IS THAT EXISTING OUTDOOR DETENTION CATCH BASIN THAT WE PUT IN PER CITY REQUIREMENTS. AT THE TIME, WE'RE LOOKING AT REMOVING THAT JUST SO IT WON'T BE AN ISSUE AS WELL. SO WE WILL MAKE A NEW DESIGN TO GET RID OF THAT ONE. AND EVERYTHING ELSE THAT WE'RE GOING TO BE PUTTING IN, WE'LL BE CONTAINED. AND LET'S SEE, GO THROUGH MY NOTES. TRENT DID A VERY GOOD JOB. I WILL SAY THAT. 'CAUSE BASICALLY WE ARE MEETING ALL CODE REQUIREMENTS STAFF AND ZONING COMMISSION'S CONCERN WITH THE FACILITY. YOU UNDERSTAND, I HAVE KEITH MATTHEWS HERE, AS WELL AS SCOTT WINERY THAT CAN SPEAK TO ALL THE FIRE IMPLEMENTATIONS THAT WE'RE TRYING TO MAKE ON THE SITE THAT WE'VE MET WITH, WITH STAFF TO CREATE. I'LL HAVE THEM COME UP. GOOD EVENING, MADAM MAYOR. UH, THE CITY COUNCIL MEMBERS ASSOCIATED, UH, CITY OFFICIALS. MY NAME'S KEITH MATTHEWS. I'M HERE, UM, REPRESENTING, UM, UH, NUT NUTRI AIR, UH, ZA NUT, NUTRI AIR. UH, UH, I WANT TO MAKE, MAKE CLEAR, UH, I'M A LAWYER, UH, BUT I'M NOT A TEXAS LAWYER. I'M NOT, UH, LICENSED IN TEXAS, AND I'M NOT A LAND USE LAWYER. I HAVE WORKED WITH, UH, COSMO CELL ZA NUTRI AIR FOR MANY, MANY YEARS, ADVISING THEM ON FEDERAL REGULATORY REQUIREMENTS RELATED TO CHEMICALS. AND SO, CAN WE GET YOUR ADDRESS REAL QUICK, PLEASE? OH, I'M SORRY. YES, I'M SUPPOSED TO. I'M VERY SORRY. I'M FROM ROCKVILLE, MARYLAND, UM, 1 4 4 0 8, UH, MEYER TERRACE IN ROCKVILLE, MARYLAND. UM, BUT THE REASON THEY ASKED ME TO GET STARTED, UH, TO HELP THEM WITH THIS IS BECAUSE DURING THE STAFF REVIEW, UH, STAFF HAD MANY QUESTIONS FOR THEM AND REQUESTS FOR INFORMATION. THEY WERE TRYING TO DO THEIR VERY BEST TO ANSWER ALL OF THOSE QUESTIONS AND REQUEST FOR INFORMATION. SO THEY ASKED ME TO GET INVOLVED. 'CAUSE THEY'VE KNOWN ME FOR MANY YEARS TO BE VERY DETAIL ORIENTED. AND I APPRECIATE THE WORDS THAT WE HEARD FROM MR. RICHARDSON HERE. WE DID A VERY, UH, WE PUT IN A LOT OF EFFORT TO TRY TO ADDRESS ALL OF THE QUESTIONS THAT STAFF HAD, UH, I THINK THAT WE DID SO EFFECTIVELY. AND, UM, YOU KNOW, AS MR. RICHARDS HAD SAID, YOU KNOW, WE'VE DEMONSTRATED, WE'VE MET ALL OF THE CODE REQUIREMENTS. UM, AND SO THERE IS THE CONCERN THAT HAS BEEN RAISED, UH, ABOUT THE, UH, POTENTIAL FOR THE FLAMMABLE CHEMICALS FOR AN EVENT TO OCCUR, SUCH AS WHAT HAPPENED WITH, UH, WITH MAGNA BLEND. AND THERE WAS A, A FAIR AMOUNT OF DISCUSSION, UH, ABOUT THAT DURING THE, UH, PLANNING AND ZONING COMMISSION. AND I JUST WANT TO POINT OUT A COUPLE OF DIFFERENCES BETWEEN THE NUTRIENT AIR SITE AND THE MAGNA BLEND. THEY'RE PRETTY SIGNIFICANT DIFFERENCES. UH, FOR ONE, MAGNA BLEND HAD 4.5 MILLION POUNDS OF FLAMMABLE CHEMICALS ON THEIR PROPERTY. WE ARE PROPOSING 220,000, LESS THAN ONE 20TH OF WHAT MAGNA BLEND HAD. AND I MIGHT POINT OUT THAT THAT'S ACTUALLY LESS THAN, UH, UH, AMOUNT OF FLAMMABLE CHEMICALS AT YOUR TYPICAL GAS STATION. YOU KNOW, WE, THE FACILITY IS LOCATED, UH, IN THE VICINITY OF, UH, LIGHT SCHOOL. WELL, WE JUST RODE BY THERE TODAY. THERE'S A PRETTY LARGE, YOU KNOW, FUEL, UH, FACILITY RIGHT NEXT TO THE SCHOOL, WHICH I SUSPECT PROBABLY HAS MORE THAN 220,000 POUNDS OF FLAMMABLE CHEMICALS RIGHT THERE. UH, WHEN YOU LOOK AT THE, UH, THE SITE PLAN OF THE, UM, OH, AND I ALSO WANTED TO, I, UM, BROUGHT WITH ME, UM, WHICH IF YOU, UH, IF YOU'D LIKE, UM, ONE OF THE THINGS THAT WE'RE LOOKING AT IS THE, UH, REPORT OF THE, UH, TEXAS, UH, COMMISSION ON ENVIRONMENTAL QUALITY FOR, UH, THE MAGNA BLEND SITE, AS WELL AS SOME, UH, DOCUMENTS, SOME, UH, DIAGRAMS THAT MR. WINERY IS GOING TO SPEAK TO. IT WOULD BE HELPFUL FOR YOU TO HAVE PAPER COPIES OF THOSE. I'M HAPPY TO PASS THEM OUT. SIR, CAN WE TALK ABOUT YOUR SITE AND NOT THE MAGNA BLEND SITE THAT BLEW UP A LONG TIME AGO, AND WHAT I HEAR IS THAT YOU'RE COMPARING YOUR SITE TO A GAS STATION. THERE'S SIGNIFICANT DIFFERENCES BETWEEN, UM, THE TWO SITES, BUT ABOUT THIS SITE IN PARTICULAR, CAN WE, CAN WE HEAR INFORMATION ABOUT THAT AND NOT REHASHING A SITE THAT BLEW UP 10 YEARS AGO? UM, SO, BECAUSE WHAT I HEARD, IF, CORRECT ME IF I'M WRONG, BUT WHAT I HEARD YOU SAY IS THAT [00:20:02] GAS STATIONS ARE MORE DANGEROUS THAN WHAT THIS FACILITY IS. WELL, THAT'S NOT WHAT I SAID. THAT IS WHAT YOU SAID. THAT'S NOT WHAT I SAID. WHAT I SAID WAS THAT THIS FACILITY HAS 220,000 POUNDS OF THE FOLKS HAVE 220,000 POUNDS OF FLAMMABLE CHEMICAL CHEMICALS ON SITE. THAT'S ABOUT WHAT YOU HAVE AT YOUR TYPICAL GAS STATION. THERE IS A FUEL STATION, CAR AND TRUCK FUEL STATION RIGHT NEXT TO THE HIGH HIGH SCHOOL. IT'S HUGE. I SUSPECT THAT THAT, WHICH ONE'S HUGE? THE QT YEAH. YEAH. UH, I SUSPECT THAT THEY HAVE MORE THAN 225 SUSPECT, BUT NOT, BUT NOT CONFIRMED. SO WE'RE JUST NO, NO, NO, NO. IT'S NOT CONFIRMED. WORDSMITHING IT. READY? I'M SORRY. OKAY. SO WE'RE JUST WORDSMITHING IT JUST TO WORDSMITH IT. OKAY. YEAH, YEAH. SO I'M JUST MAKING A COMPARISON. I'M NOT MAKING A, A QUANTITATIVE JUDGMENT. UH, JUST A COUPLE MORE THINGS, UH, AND THEN I'M GONNA TURN IT OVER TO MR. WINERY, WHO'S A PROFESSIONAL ENGINEER. UM, IF YOU LOOK AT THE SITE PLAN FOR THE REVENGE SITE, IT'S ACTUALLY A VERY LARGE PROPERTY. THE, UM, FACILITY THERE ACTUALLY MAKES UP, UM, ABOUT LESS THAN 10% OF THE TOTAL PROPERTY. UH, 90 PER, ALMOST 90% OF THAT PROPERTY CONSTITUTES BUFFER. AND IN THE VERY LAST POINT THAT I WANT TO MAKE, UH, RELATES TO THE, UH, REPORT THAT THE, UH, TEXAS COMMISSION ON ENVIRONMENTAL QUANTITY, UH, QUALITY DID ON A MAG SITE. AND THEY SAID THAT THE VIOLATIONS ARE FAILING TO CONDUCT A HAZARD ASSESSMENT, INSTALL A SUFFICIENT VENTILATION SYSTEM, TRAIN WORKERS IN SPECIFIC HAZARDOUS CHEMICAL PROTECTION PROCEDURES, EVALUATE RESPIRATORY INHALATION HAZARDS, ENSURE THE FIRE SPRINKLER SYSTEM WAS ADEQUATE, USE ELECTRICAL EQUIPMENT IN ACCORDANCE WITH HIS LABELING. THAT'S WHERE MR. WINERY COMES IN. HE'S GOING TO TALK ABOUT WHY THE PROPOSED NUTRI AIR SITE MEETS ALL OF THOSE AND IS IN NO WAY SIMILAR TO WHAT THE MAGNA GUN SITE WAS. NOW WE, WE SPECIFICALLY WANT TO TALK ABOUT THIS RIGHT HERE. THAT'S RIGHT. THAT'S WHAT HE'S GOING TO TALK TO AND NOT ANYTHING ELSE. THAT'S WHAT HE'S GONNA SPEAK TO. YEP. GREAT. THANK YOU. MM-HMM . GOOD EVENING. GOOD EVENING. UM, MY NAME IS, UH, SCOTT WINY. I'M A LICENSED PROFESSIONAL ENGINEER, UM, IN THE DISCIPLINE OF FIRE PROTECTION. I'VE BEEN DOING THIS FOR OVER 20 YEARS. AND, UM, TRENT, DO YOU MIND, DO YOU HAVE THE SLIDES THAT WE PUT TOGETHER FOR YEAH, THE NEXT ONE, ACTUALLY. SO, UM, ONE THING I WANT TO POINT OUT ON THIS SLIDE IS EVERYTHING IN THE BLUE AREA IS ACTUALLY OWNED BY NUTRA AIR. SO THEY, THEY OWN ALL OF THAT PROPERTY SURROUNDING THERE, WHICH IS WHAT'S CREATING THE BUFFER. SIR, CAN YOU GIVE YOUR ADDRESS AS WELL? OH, SURE. UH, 1700 YOSEMITE LANE, KELLER, TEXAS. THANK YOU. YEP. AND THEN IF YOU, AND THEN IF YOU DON'T MIND GOING TO THE NEXT ONE, TRENT, THAT'D BE GREAT. ALRIGHT, SO SPECIFICALLY FOR THIS SITE, WE'RE TALKING ABOUT THE NORTHERN BUILDING, THE EXISTING BUILDING. AND RIGHT NOW IT'S A GROUP S ONE OCCUPANCY, WHICH IS JUST USED FOR GENERAL STORAGE. AND, UM, NATIONWIDE ASKED ME TO DO A FULL CODE REVIEW AND CODE ANALYSIS TO DETERMINE, UH, WHAT THE REQUIREMENTS WERE GONNA BE IN, IN ACCORDANCE WITH THE INTERNATIONAL BUILDING CODE AND FIRE CODE FOR THIS FACILITY TO TURN IT INTO A GROUP H OCCUPANCY. SO WHEN THIS HAPPENS, BASICALLY IT'S GONNA GET BROKEN INTO TWO DISTINCT OCCUPANCY CLASSIFICATIONS. THE BOTTOM RIGHT HAND CORNER, THE GREEN AREA IS GONNA BE A GROUP H TWO OCCUPANCY THAT WOULD BE DESIGNATED AS A FLAMMABLE LIQUID, UM, AND HAZARDOUS MATERIALS BLENDING AND MIXING ROOM. AND THEN THE REST OF THE FACILITY'S GONNA BE H THREE AND H FOUR, AND THAT WOULD BE DESIGNATED FOR THE STORAGE OF HAZARDOUS MATERIALS IN CLOSED CONTAINERS. SO THE BIG DIFFERENCE BETWEEN THOSE TWO AREAS IS, UM, THERE COULD BE THE POTENTIAL FOR FLAMMABLE AND COMBUSTIBLE VAPORS IN INSIDE THE H TWO UNDER NORMAL CONDITIONS, NORMAL OPERATING CONDITIONS. AND THEN IN THE H THREE AND H FOUR OCCUPANCY, YOU'RE LOOKING AT STORED CONTAINERS OF HAZARDOUS MATERIALS, BUT THEY'RE NOT NORMALLY OPEN. WITH THE ONLY EXCEPTION BEING IN THE UPPER RIGHT HAND CORNER OF THE H THREE H FOUR OCCUPANCY. UH, NUTRA AIRS PROPOSING A BOTTLING LINE WHERE THEY WOULD BOTTLE THEIR FINISHED GOODS, AND THERE WOULD BE A SMALL AMOUNT OF TIME WHERE A VERY SMALL QUANTITY OF FINISHED MATERIALS WOULD BE EXPOSED. AND VAPORS THEORETICALLY COULD BE PRESENT AS IT'S BEING FILLED INTO THE BOTTLE. AND THEN THE BOTTLING CAP OR SEAL THE CONTAINER SEALED ESSENTIALLY. [00:25:02] AND ALL OF THAT IS PERMITTED PER THE BUILDING CODE AND THE FIRE CODE IN THOSE DESIGNATED OCCUPANCIES. SO THE EXISTING BUILDING AS IT SITS RIGHT NOW IS A FULLY NON-COMBUSTIBLE BUILDING. SO IT'S STEEL COLUMNS, SEAL OVERHEAD STRUCTURE. NOW, WHEN WE CHANGE IT FROM AN S ONE OCCUPANCY TO A GROUP H FACILITY, THIS IS REQUIRED TO HAVE FIREPROOFING SPRAYED ON TO THE STRUCTURE, THE COLUMNS TO GIVE IT A ONE HOUR RATING. MOST OF THE TIME IT'S SPRAYED ON OCCASIONALLY, DEPENDING ON WHAT THE ARCHITECT DECIDES, THEY'LL USE LIKE GYPSUM BOARD OR SHEET ROCK TO ENCASE THE, UH, THE STRUCTURAL ELEMENTS TO PR TO GIVE IT THE RATING. UM, YOU'LL ALSO NOTICE BETWEEN THE H THREE, H FOUR BLUE AREA AND THE GREEN, UH, H TWO AREA THERE IS, IT'S HARD TO SEE, BUT THERE'S A RED LINE, AND BASICALLY THAT'S A ONE HOUR FIRE BARRIER THAT SEPARATES THOSE TWO OCCUPANCIES FROM ONE ANOTHER. SO THREE QUARTER INCH DRYWALL, CORRECT? YEP. AND THE BUILDING IS NON-COMBUSTIBLE. IT IS. IF IT GOES BOOM, IT'S GOING TO COMBUST. WE'RE NOT TALKING ABOUT AN EXPLOSIVE ATMOSPHERE THOUGH. WE'RE JUST TALKING ABOUT FLAMMABLE AND COMBUSTIBLE LIQUIDS COMBUSTIBLE, CORRECT? YES. CORRECT. SO IF IT GOES BOOM, THEN THE BUILDING WILL COMBUST, THE, THE WALLS WILL NOT BE THERE. CORRECT. THIS IS NOT AN EXPLOSIVE FACILITY. IT'S COMBUSTIBLE. THIS IS A FLAMMABLE AND COMBUSTIBLE LIQUID FACILITY. OKAY. SO THE BLENDING ACTIVITIES TAKE PLACE IN THE H TWO OCCUPANCY, AND THEN THE H THREE AND H FOUR IS STORAGE AND BOTTLING. THEN CURRENTLY THE BUILDING IS FULLY SPRINKLED, HAS A FIRE PUMP ROBUST SPRINKLER SYSTEM IN THE WAREHOUSE AREA AS IT SITS THE SPRINKLER SPIT SYSTEM, THE OVERHEAD SPRINKLER SYSTEM WILL HAVE TO BE MODIFIED TO PROVIDE ADEQUATE PROTECTION FOR FLAMMABLE AND COMBUSTIBLE LIQUID STORAGE, AS WELL AS THE BLENDING AND MIXING. NOW, SPECIFICALLY IN THE WAREHOUSE AREA WHERE THEY HAVE SINGLE AND DOUBLE ROW RACKS, THEY WILL HAVE THE STORAGE OF THE FLAMMABLE COMBUSTIBLE LIQUIDS INSIDE THEIR CONTAINERS. THEY WON'T BE NORMALLY OPEN, BUT THEY WILL BE STORED THERE. AS PART OF THIS SPRINKLER SYSTEM UPGRADE. AUTOMATIC SPRINKLERS WILL HAVE TO BE INSTALLED PHYSICALLY IN THE RACKS DIRECTLY ABOVE THE CONTAINERS BEING STORED. IF AN INCIDENT WERE TO OCCUR WITHIN THAT RACK, THE SPRINKLER WOULD RAPIDLY OPERATE, PROVIDING SUPPRESSION WATER, HOPEFULLY TO CONTAIN THE FIRE TO THAT SINGLE BAY OF THE RACK, AND THEN KEEP IT AT BAY UNTIL THE FIRE DEPARTMENT COULD ARRIVE AND SUPPRESS IT, TAKE CARE OF THE REST OF THE SITUATION. UM, AS PART OF THOSE ACTIVITIES, BOTH FROM A SPRINKLER STANDPOINT AS WELL AS THE FIRE DEPARTMENT SHOWING UP AND PUTTING THE FIRE OUT WITH WATER, EACH ONE OF THESE OCCUPANCIES IS REQUIRED TO HAVE SECONDARY CONTAINMENT PROVIDED. SO THEY ARE DOING THIS IN A COMBINATION OF WAYS. THIS IS, EACH ONE OF THESE OCCUPANCIES IS FULLY SURROUNDED BY A CONTAINMENT CURB, AND WE WILL PROVIDE A TOTAL CONTAINMENT CAPACITY WITHIN THE BUILDING OF AROUND 82,000 GALLONS. NOW, NUTRI AIR IS PROPOSING PUTTING AN EXTERIOR SECONDARY CONTAINMENT, CONCRETE HOLDING TANK ON THE NORTH SIDE OF THE BUILDING, WHICH IS THE PURPLE BOX ABOVE THERE. SO THERE ARE OVERFLOW DRAINS ON THE NORTH SIDE. SO IF THE CONTAINMENT AREA WITHIN THE MAIN PART OF THE BUILDING FILLS UP, THOSE DRAINS WOULD FILL UP AND THEN TRANSFER THE EXCESS WATER INTO THE NORTHERN CONTAINMENT AREA INTO THE, INTO THE NORTHERN CONTAINMENT TANK. NOW THAT TOTAL PROPOSED CONTAINMENT VOLUME RIGHT NOW IS 355,000 GALLONS, WHICH IS NEARLY FOUR TIMES WHAT'S REQUIRED BY CODE. UM, BOTH OF THESE ROOMS ARE REQUIRED TO BE PROVIDED WITH VENTILATION SYSTEMS THAT RUN 24 7, 365 TO PULL AIR ACROSS THE SURFACE AREA OF THE FLOOR TO PULL OUT FLAMMABLE OR COMBUSTIBLE VAPORS THAT MAY EXIST IF THERE WAS A SPILL. UM, IN ADDITION TO THAT, THE BUILDINGS ARE REQUIRED TO HAVE AN EMERGENCY POWER SOURCE, SO THAT IF THE POWER WERE TO GO OUT, THE VENTILATION CONTINUES TO OPERATE WITHOUT FAIL, UM, FOR THE MINIMUM OF TWO HOURS. MOST OF THE TIME THESE GENER GEN SETS GET SIZED SUBSTANTIALLY LARGER THAN THAT, AND THEY CAN OPERATE FOR 24 HOURS OR 48 HOURS. I HAVE A QUESTION FOR YOU REAL QUICK. SURE, YEAH, IF I COULD. YEAH. UM, IS THERE CURRENTLY FLAMMABLE AND COMBUSTIBLE, UH, PRODUCTS OR CHEMICALS AT THE, THE LOCATION PRIOR TO TODAY? NO. TO THE BEST OF MY KNOWLEDGE, THERE'S NO FLAMMABLE OR COMBUSTIBLE LIQUIDS. RIGHT NOW THEY ONLY HAVE HEALTH HAZARDS. SO THEY HAVE SOME CORROSIVES, SOME [00:30:01] OXIDIZERS, AND POSSIBLY SOME TOXICS. SO IT'S JUST A, BY DOING THIS SUP, THEY'RE, THEY'RE WANTING TO INTRODUCE THE FLAMMABLE AND COMBUSTIBLE LIQUIDS TO THEIR OPERATIONAL PROCESS AND THEIR OFFERINGS. OKAY. I'D LIKE TO ASK, UH, IS THERE ANY OTHER COUNSEL THAT HAS ANY QUESTIONS FOR THIS GENTLEMAN? YEAH, I HAVE A FEW. GO AHEAD. UM, YOU SAID THAT HOPEFULLY THE WATER WILL, THAT HOPEFULLY THE SUPPRESSION OVER EACH SHELF WILL KEEP, KEEP IT AT BAY. RIGHT. UM, HOW HOPEFUL IS THAT? HOPEFUL? IS THAT BASED ON ANY KIND OF THEORY, ANY MATH, OR IS THAT JUST A WE THINK THIS MIGHT WORK? WELL, IT'S SPRINKLER DESIGN CRITERIA THAT'S PUT SPECIFICALLY PULLED FROM THE FLAMMABLE AND COMBUSTIBLE LIQUIDS CODE IN A P 30. SO THERE ARE FIRE TESTS TO PROVE THAT THESE SYSTEMS ARE CAPABLE OF, UM, CONTAINING AND CONTROLLING THE FIRE AS MUCH AS REASONABLY POSSIBLE. IT'S, IT'S NO DIFFERENT THAN THE INTERACT SPRINKLER SYSTEMS THAT YOU'D FIND IN A BIG BOX WAREHOUSE, UM, FOR THE STORAGE OF PAINTS AND PAINT THINNERS AND ALL THAT KIND OF STUFF. OKAY. AND THEN YOU SAID THAT THE VENTILATION RUNS 24 7 TO REMOVE THE, UM, IN YOUR WORDS, FLAMMABLE GASES. UM, AND YOU CITED SOME, SOME, SOME OTHER THINGS. SO HOW ARE THOSE FILTERED AS THEY'RE BEING VENTILATED OUT OF THE FACILITY? WELL, THE SYSTEM HAS TO BE DESIGNED IN, IN ACCORDANCE WITH THE INTERNATIONAL MECHANICAL CODE. SO THE, THE, THE THEORETICALLY THERE SHOULD NOT BE ANY FUMES. THE FUMES ARE ONLY GONNA EXIST THEORETICALLY IF THERE'S A, IF THERE'S AN ACTUAL SPILL. SO WE HAVE TO HAVE BASICALLY A SPILL. WE HAVE TO HAVE THE FUMES, AND THEN THOSE FUMES HAVE TO BE IN THE RIGHT CONCENTRATION FOR THEM TO ACTUALLY IGNITE. THEY CAN EITHER BE TOO RICH OR TOO LEAN, BUT THEY HAVE TO FALL WITHIN A SPECIFIC WINDOW FOR THEM TO ACTUALLY IGNITE. BUT WE'RE VENTILATING 24 7. CORRECT. SO WHAT ARE WE VENTILATING OUT? WE'RE VENTILATING OUT NORMAL AMBIENT ERROR UNLESS THERE'S A SPILL. SO IS THERE VENTILATION OVER GROUP H TWO? ABSOLUTELY. WHICH WOULD NOT BE NORMAL ERROR 'CAUSE THAT'S WHERE WE'RE DOING THE BOTTLING AT. WELL, IN H TWO THEY HAVE BLENDING VESSELS. SO ESSENTIALLY MY UNDERSTANDING OF THE PROCESS IS THEY TAKE A BLENDING VESSEL, THEY FILL IT FULL OF WATER, 'CAUSE THE MAJORITY OF THEIR PRODUCTS ARE WATER. AND THEN THEY BRING IN THE VARIOUS ADDITIVES, AND THEN THEY FILL THOSE ADDITIVES AFTER THE VESSELS FILLED WITH WATER. AND THEY'RE LEGITIMATELY PUTTING IN THE ADDITIVES, THE CHEMICAL ADDITIVES IN THE BOTTOM OF THE BLENDING VESSEL. AND DURING THAT TIME, THE LID IS OFF OF THE CON THE MIXING CONTAINER. AND SO ONCE EVERYTHING'S IN THERE, THEN THE CONTAINER'S CLOSED AND THE ENTIRE OPERATION IS, IS TAKING PLACE INSIDE THE MIXING VESSEL THAT'S SEALED. THEN THEY HAVE DIFFERENT TEST PORTS AND VARIOUS THINGS THAT THEY CAN, THEY CAN PULL SAMPLES OUT AND, AND CHECK IT. NOW WHEN ALL THAT'S TAKING PLACE, THEY ACTUALLY HAVE DIRECT VENTILATION SYSTEMS THAT GO OVER THE TOPS OF THE MIXING VESSELS TO REMOVE ANY OF THE FUMES THAT MAY BUILD UP AT THE TOP, BUT IT'S NOT LIKE THEY'RE JUST POURING OUT OF THE TOP OF THE MIXING VESSEL. WHERE'S THE FIRE RISER ROOM IN THIS IT, THE FIRE PUMP ROOM IS BOTTOM LEFT HAND CORNER IN THAT KIND OF LITTLE OUTCROPPING DOWN THERE. THE SPRINKLER RISERS ARE CURRENTLY IN THE UPPER LEFT HAND CORNER OF THE ROOM THERE. IN ADDITION TO ALL OF THIS, IN THE AREAS WHERE THERE IS THE POTENTIAL FOR FLAMMABLE AND COMBUSTIBLE VAPORS TO ACCUMULATE DUE TO OPEN OPERATIONS, EITHER IN THE BOTTLING LINE OR THE MIXING AREA, THAT'S WHEN YOU'RE GONNA SEE CLASS ONE, DIVISION ONE AND CLASS ONE DIVISION TWO ELECTRICAL CONNECTIONS FOR ANY EQUIPMENT OR, UM, OTHER ELECTRICAL DEVICES THAT, THAT NEED TO BE PROTECTED TO PREVENT ANY SORT OF SPARKS OR CONDITIONS WHERE THAT ELECTRICAL FEATURE CAUSES AN IGNITION SOURCE. HOW ARE THINGS BEING LOADED UP ONTO THE, SHE IN THE GROUP? H THREE H FOUR ROOMS WITH A FORKLIFT. SO SINCE WE'RE SPEAKING IN THEORETICALS, UM, ONE 30 IN THE MORNING AND A FORKLIFT DRIVER'S ON A 10 HOUR SHIFT, HE GETS OFF AT TWO, UM, PRETTY TIRED FROM THE JULY 4TH WEEKEND, AND HE RUNS INTO ONE OF THESE SHELVES. WHAT HAPPENS IF HE RUNS INTO THE SHELF? UHHUH WITH, IF HE PUNCTURES ONE OF THE CONTAINERS EITHER WAY? WELL, IT WOULD, IF IT KNOCKS A SHELF OVER, IT WOULD PUNCTURES A CONTAINER. OKAY. THEN YOU WOULD HAVE A SPILL. BUT YOU, A SPILL DOESN'T NECESSARILY AUTOMATICALLY START AN IGNITION. YOU JUST HAVE A POTENTIAL FOR IT. WHICH BRINGS ME INTO MY NEXT POINT [00:35:01] IS THAT THERE WILL BE ALARMS AND DETECTIONS SYSTEMS PUT IN PLACE TO DETECT SPILLS TO, OBVIOUSLY THE WORKER KNOWS THEY PUNCTURE A CONTAINER. THERE ARE POOL STATIONS AROUND THE WAREHOUSE AND THE MIXING ROOM WHERE THEY CAN PULL AND IMMEDIATELY NOTIFY THE FIRE DEPARTMENT AND PULL AN ALARM. WHY IS THE FIRE DEPARTMENT RESPONSIBLE FOR YOUR CHEMICAL SPILL IN YOUR FACILITY? I MEAN, WHY IS THE FIRE DEPARTMENT RESPONSIBLE IF YOU KNOCK, KNOCK A CANDLE OVER IN YOUR HOUSE? I MEAN, I DON'T, HIS HOUSE IS ON FIRE. SO IT'S, IT'S, IT'S A THREAT TO YOUR NEIGHBORING PROPERTY. SO WHY IS, WHY IS OUR FIRE DEPARTMENT RESPONSIBLE FOR A SPILL SPILL IN YOUR FACILITY? I MEAN, I DON'T KNOW, MAN. I WOULD LIKE TO CALL THE FIRE CHIEF UP HERE. UH, IF WE COULD, UM, IF YOU WOULD HAVE A SEAT, WHAT? YOU MAY GET ME CALLED BACK. SURE. CHIEF SAFFORD. GOOD EVENING. SCOTT SAFFORD, FIRE CHIEF. DO YOU HAVE ANY CONCERNS WITH THIS APPROVAL? THEY HAVE MET AND EXCEEDED ALL CODE REQUIREMENTS. UH, FIRE MARSHAL'S OFFICE HAS MET WITH THEM EXTENSIVELY. UM, MUCH LIKE TRENTON SAID, THEY'VE BEEN GREAT TO WORK WITH. HOWEVER, IF YOU'RE ASKING MY OPINION, YES, WE HAVE CONCERNS THE PROXIMITY TO RESIDENTIAL AND COMMERCIAL, UM, I THINK THAT'S ATWOOD RIGHT THERE. I THINK THAT'S ROUGHLY A THOUSAND FEET, I THINK TO THE TOWN. TOWNHOMES ROUGHLY 1400 FEET. THOSE ARE VERY REAL CONCERNS FOR ANY TYPE OF PLUME WITH A PREVAILING SOUTH SOUTHWESTERN WIND. WOULD Y'ALL RESPOND IF THERE WAS A SPILL AT THE LOCATION? YES, MA'AM. DO Y'ALL HAVE ANY QUESTIONS OF CHIEF SAFFER? MM-HMM. UH, MIGHT BE FOR EMERGENCY MANAGEMENT, BUT CHIEF YOU, YOU, YOU MIGHT HAVE SOME INSIGHT HERE TOO. SO IF A SPILL WERE TO HAPPEN, UM, AND THIS IS ALL BEING THEORETICALLY WASHED OUT OF THEIR FACILITY INTO THE, EITHER THE HOLDING TANK THAT REMAINS OR THE NEW ONE THAT'S BEING PROPOSED, UM, STILL IN THE FLOODPLAIN. UM, WHAT MEASURES, WHAT, WHAT FEAR DO WE HAVE OF THAT ROLLING TOWARDS THE CREEK? UM, THAT'S THERE, UH, THAT AND, AND, AND WHAT, WHAT IMPACT WOULD THAT HAVE ON US FROM, FROM AN EMERGENCY MANAGEMENT SIDE OF STOPPING THAT FROM CONTINUING DOWN THE CREEK? SO OTHER BERMS, I BELIEVE, ARE DESIGNED TO HOLD A CERTAIN AMOUNT OF WATER, WHETHER IT COMES FROM THE SPRINKLER SYSTEM OR WHETHER IT COMES FROM OUR SUPPRESSION EFFORTS. UH, ONCE YOU EXCEED THAT, THERE WOULD BE A VERY BIG ENVIRONMENTAL CONCERN. UM, I'D LET THOMAS SPEAK TO THE, UH, OUR ABILITY TO STOP IT BEFORE IT GOT INTO THE CREEK. BUT AS OTHER THAN DIGGING HOLES AND MAYBE USING SOME DING OR PIGS, THAT'D BE ABOUT ALL WE COULD DO TO STOP IT. HOW COMFORTABLE WOULD YOU BE SENDING, SENDING OUR FIREFIGHTERS INTO A FACILITY KNOWING IT HAS, WHAT WAS IT, 97 DIFFERENT CHEMICALS IN IT? UM, FLAMMABLE AND COMBUSTIBLE, UM, LITERALLY INTO THE UNKNOWN OF WHAT IS IN THERE. UM, THERE'S, UH, BEEN A LOT OF TALK TONIGHT ABOUT HAZARD MITIGATION, OR EXCUSE ME, RISK MITIGATION. A FACILITY LIKE THIS, THE EASIEST WAY TO MITIGATE THAT RISK IS TO NOT GO IN. THANK YOU. CHIEF SACKER. JUST ONE, A COUPLE OF, JUST TO CLARIFY A COUPLE THINGS. UM, WE DON'T HAVE A HAZARDOUS MATERIALS TEAM. NO. THANK YOU FOR BRINGING THAT UP. AND SO WE CANNOT, UM, OUR FIREFIGHTERS ARE NOT FULLY TRAINED, FULLY EQUIPPED TO MITIGATE. CORRECT. WE WOULD HAVE TO RELY ON EITHER DALLAS FIRE RESCUE OR GRAND PRAIRIE FIRE. AND, AND REALLY THE BEST OUR, UH, COMPANIES CAN DO IS TO, UM, TRY TO CONTAIN IT. YES, SIR. YEAH, I'D LIKE TO HAVE THOMAS COME UP FROM EMERGENCY MANAGEMENT, PLEASE. THANK YOU, CHIEF. YES, MA'AM. GOOD EVENING, THOMAS. GOOD EVENING. THOMAS GRIFFITH, DO YOU HAVE ANY CONCERNS IF THIS SUP WERE APPROVED? YES. UH, CAN YOU EXPLAIN? YEAH. SO AS YOU GUYS HAVE POINTED OUT, UM, ANY [00:40:01] KIND OF A SPILL OR LEAK OR ANYTHING LIKE THAT, A FIRE, UH, AND THEM TRYING TO SUPPRESS THE FIRE, YOU DO HAVE A CREEK THAT RUNS THROUGH THERE THAT, THAT HE WAS HIGHLIGHTING THERE. SO FROM AN EMERGENCY MANAGEMENT PERSPECTIVE, ANY MATERIALS LIKE THAT, WE WOULD, WE WOULD BE PLANNING FOR. UH, WE DO HAVE THEIR TIER TWO REPORTS, UH, HISTORICAL AND, UH, THE 2026 TIER TWO REPORT. AND, UH, SO THAT LISTS OUT ALL THE CHEMICALS THERE, HOW HAZARDOUS THEY ARE, HOW MUCH THEY HAVE ON SITE FOR DAILY AMOUNTS. AND SO WE WOULD BE PLANNING FOR WORST CASE SCENARIO. THAT'S OUR, THAT'S WHAT WE WOULD DO. WHAT HAPPENS WHEN THIS HAPPENS? WHAT HAPPENS WHEN THAT, AND, UH, AS CHIEF POINTED OUT, UH, WE DON'T HAVE A HAZARDOUS MATERIALS TEAM, SO OUR, OUR INITIAL RESPONSE WOULD BE LIMITED ON WHAT, WHAT WE COULD CONTAIN. SO YEAH, EMERGENCY MANAGEMENT HAS CONCERNS. I APPRECIATE THAT. CHIEF WAZER, IF YOU COME UP PLEASE. GOOD EVENING, CHIEF. GOOD EVENING. YOU'VE HEARD THE CONCERNS HERE, UH, BOTH, UH, BY EMERGENCY MANAGEMENT AND, UH, THE FIRE CHIEF. UH, WOULD YOUR MEN AND WOMEN BE RESPONDING TO THE SCENE IF THERE WAS, UH, A SPILL OR, UH, AN INCIDENT AT THE LOCATION? I CAN'T IMAGINE A SCENARIO WHERE THEY WOULDN'T. DO YOU HAVE CONCERNS IF IT WERE TO PASS TONIGHT? I DO KNOW I HAVE COMPLETE FAITH IN BOTH THE FIRE CHIEF AND EMERGENCY MANAGEMENT AND THEIR EXPERTISE IN THAT AREA. COMPLETE FAITH. OKAY. THANK YOU. ANY OTHER DISCUSSION, COUNSEL? I'D JUST LIKE TO MAKE A COUPLE COMMENTS. GO RIGHT AHEAD. AND IT'D BE THE APPLICANT. I APPRECIATE THE PROFESSIONALISM AND EVERYTHING ELSE THAT YOU GUYS HAVE GIVEN IN YOUR PRESENTATION AND THE FACT THAT YOU'VE BEEN GOOD CORPORATE CITIZENS THE ENTIRE TIME YOU'VE BEEN HERE, FOLLOWED OUR RULES, TRIED TO FOLLOW EVERYTHING THAT WE'VE GOT. I WOULD APOLOGIZE THAT THE CITY, OBVIOUSLY, SINCE YOU'VE BEEN THERE, I WENT BACK AND DID SOME RESEARCH BEFORE WE BUILT A BUNCH OF THE OTHER STUFF THAT'S OUT THERE NEAR YOU. THAT'S NOT YOUR FAULT THAT WE DROPPED THE BALL WHEN IT CAME TO DEVELOPING WHAT'S GONNA BE AROUND THERE AND BUILT A SCHOOL SO CLOSE TO A CHEMICAL PLANT. BUT THAT BEING SAID, THAT'S DONE AND IN THE PAST, AND I DON'T THINK VERY MANY OF US UP HERE CAN WITH A, WITH A SOUND MIND APPROVE POSSIBILITY AFTER WE'VE ALREADY HAD A PROBLEM WITH ONE CHEMICAL PLANT HERE IN TOWN, BE IT SO CLOSE TO A SCHOOL. AND IT HAS ABSOLUTELY NOTHING TO DO WITH WHETHER YOU GUYS HAVE DONE WHAT YOU PROMISED YOU'D DO IN THE TIMEFRAME THAT YOU'VE BEEN HERE. BUT IT DOES HAVE TO DO WITH THE FACT OF WHAT'S LOCATED SO CLOSE TO YOU AND IN THE UNFORTUNATE FACT THAT SOMETHING DID HAPPEN. SO I APPRECIATE WHAT YOU'VE DONE AND WHAT YOU'VE SAID, BUT UNFORTUNATELY I CAN'T SUPPORT THIS. I JUST HAVE ONE MORE QUESTION FOR THE APPLICANT. IF YOU COULD COME BACK UP, PLEASE. YES. UH, AGAIN, UH, JUST TO REITERATE, UH, THANK Y'ALL. UH, SOUNDS LIKE Y'ALL HAVE HAD A GOOD RELATIONSHIP, UH, WITH THE CITY AND WORKING THROUGH THIS. UH, BUT I AM CURIOUS, DID Y'ALL KNOW THAT THE CITY WOULD, WOULD BE RECOMMENDING DENIAL TONIGHT? IT WAS IN OUR MIND, YES. NOW ONE NOTE I WANNA POINT OUT, WHICH EVERYBODY'S OVERLOOKED, THE DETENTION AND STUFF WE'RE ADDING IS ON THE NORTH SIDE OF THE PROPERTY ON PURPOSE. 'CAUSE THAT IS NOT IN THE FLOOD PLAIN. THAT'S THE REASON WE'VE MOVED EVERYTHING NORTH. AND TO HOLD THAT AS WELL, LIKE THEY WERE SAYING, WHEN WE BUILD THE NEW FIRE LANES AND EVERYTHING, WE WERE RAISING THEM TO INCREASE OUR CONTAINMENT TO AVOID STUFF. GOING DOWN TO THAT CREEK IS ONE OF THE ITEMS WE HAVE LOOKED AT IN QUITE DETAILED IN SOME OF THE DRAWINGS AND SECTIONS. IT WOULD SHOW THAT RAISED ROAD AND STUFF. SURE. AS THEY POINTED OUT, THE FIRE MARSHAL DID. OKAY. THANK YOU. YOU'RE VERY WELCOME. THAT BRINGS [8. Consider proposed Ordinance approving ZDC-183-2025] US TO ITEM NUMBER EIGHT. CONSIDER PROPOSED ORDINANCE APPROVING ZDC 180 3 20 25. I'LL ENTERTAIN A MOTION MADAM MAYOR, I MOVE TO DENY CDC 180 3 20 25. A SPECIFIC USE PERMIT FOR IN NOXIOUS USE AT 47 40 NORTH INTERSTATE. 35 E DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. THAT'LL TAKE US TO ITEM. YEAH. DO WE DOES THAT, DOES THAT YEAH. [9. Consider Development Agreement for ZDC-183-2025 ] [00:45:01] CONSIDER DEVELOPMENT AGREEMENT ZDC 180 3 20 25. IT NEGO NEGATES. SO WE DON'T NEED TO, YEAH, SO WE DON'T NEED TO DO ANYTHING. WE HAVE TERRY. YES. SINCE WE DO. YES. OKAY. [10. Public Hearing on a request by Tu-Hai Ngo, for a Specific Use Permit (SUP) for an Accessory Structure of 700+ sq. ft use within a Single Family-1 (SF-1) zoning district located at 5025 April Lane (Property ID 207630) – Owner(s): Tien Ngo (ZDC-53-2026)] ITEM NUMBER 10 WAS A PUBLIC HEARING ON A REQUEST FOR A SPECIFIC USE PERMIT, UH, FOR AN ACCESSORY STRUCTURE OUT ON 50 25 APRIL LANE THAT APPLICANT, UH, HAS REQUESTED TO WITHDRAW THAT SUP REQUEST. [12. Public Hearing on a request by Brad Yates for a Zoning Change from a Commercial (C) zoning district to Planned Development-Multi Family-1 (PD-MF-1) zoning district, for a 6-unit townhome use, located directly south of 404 Cantrell Street, (Property ID 172321) - Owner: Colonial Group Restoration Inc. (ZDC-49-2025) ] SO THAT BRINGS US TO ITEM NUMBER 12, A PUBLIC HEARING ON A REQUEST BY BRAD YATES FOR A ZONING CHANGE FROM A COMMERCIAL C ZONING DISTRICT TO A PLAN DEVELOPMENT MULTI-FAMILY. ONE PD MF ONE ZONING DISTRICT FOR A SIX UNIT TOWN HOME USE LOCATED DIRECTLY SOUTH OF 4 0 4. CAN TRAIL STREET TRENTON. THANK YOU MAYOR. UH, DUE TO SOME NOTIFICATION ERRORS, UM, WE NEED TO REQUEST A CONTINUANCE TO THE JULY 20TH, UH, 2026 CITY COUNCIL MEETING. AND IF YOU HAVE ANY QUESTIONS, I'M MORE THAN HAPPY TO ANSWER IT. DO WE HAVE A MOTION COUNSEL? UH, LET ME AND I I WILL SAY THERE ARE, I APOLOGIZE. IT'S MY FAULT. THERE IS, UH, THERE ARE SOME INDIVIDUALS WHO SHOWED UP TO TONIGHT'S PUBLIC HEARING, UM, WHO ARE ABUTTING THE SUBJECT PROPERTY WHERE THEY MIGHT WANT TO SPEAK. 'CAUSE THEY WON'T BE HERE ON THE JULY 20TH MEETING. I'M GONNA CLOSE THAT PUBLIC HEARING AND I'LL [13. Consider proposed Ordinance approving ZDC-49-2025 ] ENTERTAIN A MOTION TO CONTINUE. I MOVE TO CONTINUE THE PUBLIC HEARING FOR ZDC DASH 49 DASH 2025 TO THE JULY 20TH, 2026 CITY COUNCIL MEETING. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. [14. Public Hearing on a request by Jennifer Smolka for a Specific Use Permit (SUP) for a Short-Term Rental (STR) use within a Single-family-2 (SF-2) zoning district located at 116 San Jacinto CT (Property ID 174917) - Owner: Smolka Holdings LLC Series D (ZDC21-2026) ] THAT'LL THEN TAKE US TO ITEM NUMBER 14, A PUBLIC HEARING ON A REQUEST BY JENNIFER SMOKO FOR A SPECIFIC USE PERMIT FOR A SHORT-TERM RENTAL USE WITHIN A SINGLE FAMILY TWO ZONING DISTRICT LOCATED AT ONE 16 SAN JACINTO COURT. THE OWNER IS SMOKE A HOLDINGS. LLC TRENTON. THANK YOU. THIS IS FOR A, UH, SPECIFIC USE PERMIT FOR A SHORT TERM RENTAL, UH, FOR SMOKE A HOLDINGS. UH, WHAT THEY ARE REQUESTING TO DO IS TO, UM, TO CONSTRUCT OR TO USE AN EXISTING STRUCTURE FOR A SHORT-TERM RENTAL. UH, THIS, THE EXISTING PROPERTY SURROUNDING THIS IS ZONED SIMILARLY, UH, THERE ARE NO, UM, THERE ARE NO SHORT-TERM RENTALS WITHIN 200 FEET OR 500 FEET. THE CLOSE SHORT-TERM RENTAL WOULD BE APPROXIMATELY, UM, I THINK IT WAS 1500 FEET FROM THE SUBJECT PROPERTY. IF I MAY INTERRUPT YOU. UH, WASN'T THIS ONE ONE TO BE POSTPONED TO THE 20TH AS WELL? UM, NO, I'M RIGHT HERE. NO, THIS ONE'S NOT. I THINK THE NOTIFICATION WAS AN ERROR ON THIS. WE, WE POSTPONED FROM THE ONE BACKEND. I KNOW, BUT I THINK WE, I THINK WE HAD A SIMILAR DEAL THAT WE DIDN'T MAKE A NOTIFICATION IN, IN OUR PUBLIC, UH, ON OUR NEWSPAPER OF RECORD. AND I THINK WE HAVE TO POST ONE, IF I REMEMBER RIGHT. ISN'T THAT, UH, THAT YEAH, THAT'S CORRECT. THERE'S AN ERROR IN THIS ONE. SO WHAT HAPPENED WAS, UH, WITH THE JULY, UM, THIS MEETING, THE 20TH MEETING TO THE CASES WERE SWAPPED AND THERE WAS AN ERROR IN THAT NOTIFICATION. AND SO I APOLOGIZE, BUT WE, WE REALLY DON'T HAVE A CHOICE. COME BACK TO THE G AGAIN. NO, IT JUST SPEAKS TO THE COUNCIL AND THAT'S WHY I WANT TO CONTINUE IT. OUR RECOMMENDATION TO COUNSEL IS TO CONTINUE THE 20TH. SO YOU DON'T HAVE TO START THE WHOLE PROCESS THOUGH. OKAY. AND I DO APOLOGIZE, IT'LL BE DELAYED TWO WEEKS. WE'RE, BUT YOU WON'T HAVE TO GO BACK THROUGH THE ENTIRE PROCESS. YOU WON'T HAVE TO GO BACK THROUGH PNZ, UH, THOSE TYPES OF THINGS. ALL THAT STUFF STANDS, BUT BECAUSE WE DIDN'T PUBLICLY NOTIFY IT LIKE WE SHOULD HAVE ON TIME. AND AGAIN, THAT'S ON OUR FAULT. SO WE WILL NEED TO POSTPONE IT UNTIL THE 20TH. YEP. AND THEN WE, AND THEN WE EXACERBATED IT BECAUSE WE DIDN'T TELL THE GENTLEMAN THAT WAS SITTING THERE OR THIS COUPLE THAT WE WERE MOVING IT AND IT WASN'T GONNA BE ON THIS AGENDA. WE SHOULD HAVE IMMEDIATELY CONTACTED THE PEOPLE THAT WERE CONCERNED AND LET 'EM KNOW. SO THE AGENDA WAS POSTED IN ACCORDANCE THAT DOESN'T MATTER IF THEY CANCEL IT, THE PEOPLE THAT ARE CONCERNED SHOULD BE INFORMED. WE, WE WERE IN ERROR. WE SHOULD HAVE INFORMED THE PEOPLE INVOLVED THAT THEIR CASE WAS MOVED. SO WE DID INFORM, UM, THE PREVIOUS APPLICANT ABOUT THIS ERROR. UH, BRAD YS. THAT'S WHY HE'S NOT HERE, UH, THIS EVENING. AND I DO APOLOGIZE, I DON'T KNOW WHAT HAPPENED WITH THE SMOKE AS OF WHY THEY WEREN'T INFORMED. UM, BUT WE DID TRY TO REACH OUT TO THE DIFFERENT APPLICANTS. SO IN THIS CASE, I'M NOT SURE WHY WE DIDN'T GET AHOLD OF SMOKOS OR WHY WE DIDN'T REACH OUT. SO THAT'S OUR FAULT. OKAY. I'M SURE IT WASN'T INTENTIONAL. SO, UH, WE APOLOGIZE. I'M GONNA CLOSE A LOT ABOUT CHEMICALS I DIDN'T KNOW . . LET ME, LET ME ASK [00:50:01] YOU BEFORE WE CONTINUE THIS, IF YOU DON'T MIND. SURE. SINCE YOU WEREN'T NOTIFIED, CAN YOU BE HERE ON THE 20TH? AND I ONLY ASK BECAUSE IF YOU HAVE SOME TYPE OF A SCHEDULING YEAR MM-HMM . WE COULD PROBABLY RESCHEDULE IT TO THE THIRD OF AUG. I THINK THE 3RD OF AUGUST IS THE NEXT MEETING. I MIGHT BE, WE WANT BE, I MIGHT BE A NEW, WE MIGHT HAVE A GRANDBABY IN THAT TIME PERIOD, SO I WOULD RATHER GET IT DONE BEFOREHAND. WELL, WE CAN'T DO IT BEFORE THE FOURTH. NO, I KNOW. I'M JUST SAYING. I JUST WANNA MAKE SURE. YES, MA'AM. UM, YES. YES. THE 21ST IS 20TH OR 21ST. 20TH. UH, 20TH, 20TH, 20TH, 20TH. IS THAT GOOD FOR YOU? OKAY. AGAIN, IF FOR SOME REASON, YOU KNOW, YOU DO HAVE THAT GRANDCHILD AND YOU CAN'T BE HERE THE 20TH AND NOTIFY US AND WE TAKE THE SAME ACTION ON THE 20TH AND POSTPONE TO THE THIRD. AND AGAIN, I'M VERY SORRY THAT THIS IS HAPPENING. WE WERE POSTPONED EARLIER TO OUR TORNADO. SO . YEAH, I'M VERY SORRY THIS HAPPENED. ALRIGHT, THANKS. THANK YOU. WE'LL CLOSE THE PUBLIC HEARING AND IF I COULD, UH, GET [15. Consider proposed Ordinance approving ZDC-21-2026 ] A MOTION FOR ITEM 15, UH, TO POSTPONE IT TO THE JULY 20TH. MADAM MAYOR, I MOVE TO CONTINUE THE PUBLIC HEARING FOR ZDC 21 DASH 2026 TO THE JULY 20TH, 2026 CITY COUNCIL MEETING. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. ITEM [16. Consider proposed Resolutions approving the acceptance of the 2025 State Homeland Security Program (SHSP) grants for SWAT Thermal Equipment, SWAT Communications, PWERT Light Tower, and Public Works Emergency Response Team (PWERT) Variable Message Sign for project year 2026 ] NUMBER 16 IS CONSIDER PROPOSED RESOLUTIONS APPROVING THE ACCEPTANCE OF THE 2025 STATE HOMELAND SECURITY PROGRAM. GRANTS FOR SWAT THERMAL EQUIPMENT AND COMMUNICATIONS, ALONG WITH P-W-E-R-T LOT TOWER AND PUBLIC WORKS EMERGENCY RESPONSE TEAM VARIABLE MESSAGE SIGNED FOR PROJECT YEAR 2026. DONNA, GOOD EVENING, MAYOR AND COUNCIL MEMBERS. UM, MY NAME IS DONNA SIX MAY. I AM THE ASSISTANT EMERGENCY MANAGER, UH, COORDINATOR FOR THE CITY OF WAXAHATCHEE. I PRESENT TO YOU THE ITEM, UM, TO ACCEPT THE FOLLOWING GRANTS FOR THE 2025 HOMELAND STATE HOMELAND SECURITY PROGRAM. FROM THE OFFICE OF THE GOVERNORS, IT IS A GRANT FOR, UH, SWAT THERMAL EQUIPMENT, WHICH INVOLVES ONE CAMERA AND SWAT COMMUNICATIONS, UH, PUBLIC WORKS EMERGENCY RESPONSE TEAM MESSAGE BOARD, AND, UH, LIGHT TOWER. OKAY. COUNCIL, YOU HAVE ANY QUESTIONS OF DONNA? NO. NO. GOOD JOB. THANK YOU. I LIKE, I LIKE IT WHEN WE GET GRANTS. . YES, YOU'RE VERY WELCOME. THANK YOU DON. I'LL ENTERTAIN A MOTION. I MOVE TO APPROVE THE ACCEPTANCE OF THE 2025 STATE HOMELAND SECURITY PROGRAM. GRANTS FOR SWAT THERMAL EQUIPMENT, SWAT COMMUNICATIONS, P-W-E-R-T, LIGHT TOWER AND PUBLIC WORKS EMERGENCY RESPONSE RESPONSE TEAM, VARIABLE MESSAGE SIGN FOR PROJECT YEAR 2026, AND ALL NECESSARY EQUIPMENT IN THE AMOUNT OF $91,000. AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. [17. Consider FM 664 Water Transmission Main and Sanitary Sewer Project Change Order No. 2 in the amount of $191,039.50 ] ITEM 17, CONSIDER FM 6 64 WATER TRANSMISSION, MAINE AND SANITARY SEWER PROJECT CHANGE ORDER NUMBER TWO IN THE AMOUNT OF $191,039 AND 50 CENTS. JAMES MAYOR COUNSEL, UH, TODAY I WANT TO TALK WITH YOU ABOUT A CHANGE ORDER FOR THE FM 60 64 WATERLINE 24 INCH WATER LINE. THAT'S WHEN YOU GO FROM MARSHALL ROAD ALL THE WAY DOWN SOUTH OF, UH, THE 2 87. AND SO IN THIS, WHEN WE'RE DOING THE CONSTRUCTION OF THIS PROJECT, UH, IT WAS DETERMINED THAT WE HAD A SHORTAGE ON THE ACTUAL BID AMOUNT, THE QUANTITIES OF THE 24 INCH WATER LINE. AND SO, UH, WHAT WE DID IS WE ACTUALLY ENGINEERED FOR RECORD TO DESIGNED THIS TO GO AND VERIFY ALL THE QUANTITIES TO MAKE SURE WE TAKE, SEE IF THERE'S ANY OTHER ERRORS ON THAT BID AMOUNT. AND SO THIS RIGHT HERE, THEY WOULD STILL USE THE SAME UNIT PRICE FOR THE BID. UH, SO BASICALLY IT'S 900 FEET THAT WAS SHORT FROM THE ACTUAL 24 INCH WATERLINE QUANTITIES. AND SO THIS RIGHT HERE IS JUST BASICALLY TO, UH, GET THAT, THAT QUANTITIES TO WHAT IT NEEDS TO BE CONSTRUCTED. SO WE CAN'T HAVE THAT WITH THE SYSTEM. SO THE AMOUNT IS 191,000, $39 AND 50 CENTS FOR THIS. COUNSEL, YOU HAVE ANY QUESTIONS? YEAH. WHO MADE THE $200,000 MISTAKE? SO THAT, THAT WOULD BE THE ENGINEER RECORD, THE CONSULTANT. AND WHO FOUND THE $200 OR THE $200,000 MISTAKE? SORRY, WHAT WAS THAT? CAN YOU REPEAT THAT AGAIN? AND WHO FOUND THE 200 AND WHO FOUND THE $200,000 MISTAKE? SO WHEN WE'RE DOING LIKE THE, STARTING TO PAY THE, THE INVOICES, WE, [00:55:01] WE NOTICE THAT HEY, WE'RE GETTING CLOSE TO THE, CLOSE TO THE END OF THIS, UH, QUANTITIES AND WE STILL HAVE A, A DISTANCE TO GO BEFORE WE ACTUALLY, UH, ARE COMPLETE WITH THE PROJECT. AND THAT'S WHEN WE FIGURED OUT THAT THERE WAS A ERROR RIGHT THERE. BUT THEN WHO WENT BACK AND FIGURED OUT THE MATH ON, OH, WE WERE $200,000 SHORT. SO WE, WE GOT THE, THE CONSULTANT TO GO THROUGH EVERYTHING THE SAME ONE THAT MISSED IT THE FIRST TIME. YES. BUT THEN WE ALSO DID VERIFIED OURSELVES AS WELL. SO WE WENT THROUGH ACTUALLY THE, THE CONSTRUCTION PLANS WENT THROUGH SHEET THROUGH SHEET AND JUST VERIFIED ALL THE QUANTITIES FOR ALL THE SHEETS. SO WE DID THAT INTERNALLY AS WELL. SO I, THE CONSULTANT, I GUESS WHERE I'M GETTING, I AM TRYING TO FIGURE OUT HOW WE PROTECT OURSELVES IN THE FUTURE. THEY MADE A MISTAKE, THEY UNDERBID AND THEY, THEY UNDERSHOT, WE PAID THEM TO DO THIS. WHAT, WHERE'S THEIR RESPONSIBILITY IN THEIR ERROR? GOOD QUESTION. AND SO I, I'VE DEALT WITH THIS SITUATION BEFORE WITH, UH, ENGINEERING FIRMS. UH, THE, WHAT THEY, THE ALWAYS RESPONSE IS THIS IS THE AMOUNT OF A LITTLE BORDER LINE THAT NEEDS TO BE BID ANYWAYS. AND SO WE NEED TO HAVE THAT OR ELSE WE'RE GONNA HAVE A GAP IN THE, IN THE WATER LINE. AND SO YES, I, I HATE THIS. I'VE NEVER SEEN A DISPATCH. UH, I'VE SEEN IT HAPPEN BEFORE, BUT IT WAS LIKE SMALL AMOUNTS. I'VE NEVER SEEN A DISPATCH BEFORE. DO WE NOT THINK THAT THEY UNDERSHOT IT INTENTIONALLY NO. TO WIN THE BID? NO. THE ENGINEER THAT PRODUCED THE AMOUNTS RIGHT. ISN'T BIDDING ON IT. OF COURSE. SO THIS WAS THE ENGINEER OF RECORD. IT'S WHAT THE CONSULTANT ENGINEER, THEY PUT THE PLANTS TOGETHER AND THEY PUT TOGETHER LIKE HOW MANY QUANTITY, HOW MUCH, 24 INCH WATER LINES, HOW MANY VALVES AND ALL THOSE QUANTITIES TOGETHER. SO WE CAN HAVE THE BID, THE CONTRACTOR JUST PUTS A UNIT PRICE, UH, FOR HOW MUCH IT'S GOING TO BID FOR EACH OF THOSE QUANTITIES. SO IN THIS CASE RIGHT HERE, WE HAVE THAT, UH, UNIT PRICE FOR THE OH 3000 FEET, UH, OF, UH, WATER LINE. AND UM, SO WE WE'RE GONNA SAY WE USE THE SAME UNIT PRICE THAT THE CONTRACTOR BID, BUT IT'S JUST GONNA BE EXTENDING THE QUANTITIES. YEAH, BUT THAT STILL DOESN'T, I'M SURPRISED PAT HADN'T TURNED PURPLE YET. I'M, I'M STEWING , I'M WAITING FOR YOU BECAUSE THIS IS, THIS IS RIGHT IN HIS WHEELHOUSE. UM, I'M GONNA TURN MY MIC OFF. I JUST, I JUST DON'T, I DON'T UNDERSTAND HOW SOMEONE MISSED IT BY $200,000, 900 FEET, 900 FEET AND $200,000. AND THEN WE FIND IT, WE, WE FIND THE ERROR, THEY CONFIRM, OH, YEP, YOU WERE RIGHT. AND THEN THEY HAVE NO RESPONSIBILITY OTHER THAN ASKING FOR $200,000 MORE. I, I, I GET IT. AND I, I USUALLY, LIKE I SAID, YOU USUALLY DON'T SEE IT THIS BIG OF AN ERROR WITH A CONSULTANT, UH, DOING THIS TYPE OF BIDS. I I CAN'T AND BRADFORD IS NOT A SMALL COMPANY. LIKE THAT'S WHAT'S THAT? THIS, THIS ISN'T A SMALL COMPANY THAT WE'RE DEALING WITH EITHER. NO. LIKE THE CONSULTANTS. I MEAN, IT'S NOT NO, THEY'RE, THEY'RE, THEY'RE BEEN OUR CONSULTING FIRM FOR, YOU KNOW, SEVERAL YEARS, UH, SINCE THE, UM, FOR AT LEAST 20, 30 YEARS THEY'VE BEEN DOING WORK WITH THE CITY. UH, SO, UM, I CAN'T EXPLAIN WHAT, HOW THIS HAPPENED, WHY IT HAPPENED, AND, BUT, UM, YOU KNOW, UH, IT IS SOMETHING THAT I'VE, UH, LIKE I SAID, DEALT BEFORE AND ALWAYS THE, THE RESPONSE WE GET FROM CONSULTING ATTORNEYS IS THAT WHAT WE CAN DO IS JUST NOT DO THAT PORTION, YOU KNOW, JUST STOP THE PROJECT, BUT THEN WE'RE GONNA HAVE A GAP ON THAT WATER LINE FOR 900 FEET. SO THERE'S NOTHING IN THAT AGREEMENT THAT IF THAT IF THEY'RE OFF BY MORE THAN X PERCENT, THAT IT, THEY'RE RESPONSIBLE FOR THE DIFFERENCE. NO, I THINK IT'S, I THINK THAT, I THINK THIS IS A FIREABLE OFFENSE AND I AGREE WITH YOU. AND SO THAT'S SOMETHING THAT WE'RE GONNA BE DEALING WITH. LIKE, ARE WE GOING TO USE THAT ENGINEER AGAIN? I WOULDN'T HIRE HIM TO DO ANYTHING. AND SO THAT'S WHY ENGINEER A DOG FENCE EVEN, I MEAN, NOTHING. RIGHT? I I UNDERSTAND THAT SITUATION RIGHT THERE. SO IT IS SOMETHING THAT WE ARE LOOKING AT THAT SITUATION, TALKING WITH THAT ENGINEER, TRYING TO GET, HOW DID THIS HAPPEN? HOW CAN WE AVOID THIS? AND UM, SO WHERE, WHERE ARE THESE ADDITIONAL FUNDS COMING FROM, JAMES? SO WE DO HAVE, UH, FUNDS FOR THIS PROJECT. UH, WE ACTUALLY ARE, UH, THE, THE, THE PROJECT WAS BID AND ACTUALLY WHERE IT'S UNDER BUDGET SIGNIFICANTLY. AND SO, UH, WHAT HAP HECK, BECAUSE THEY WE'RE MISSING BECAUSE WE'RE MISSING 900 FEET WORTH OF WORK. WELL, I SAYING THAT, AND I'LL, I'LL POINT THIS, YOU KNOW, UM, I HAD A LOT OF QUESTIONS FOR JAMES ON THIS TOO BECAUSE THIS, THIS IS A BIG MISS, RIGHT? UM, HOWEVER IT IS, EVEN WITH THIS ADDITIONAL $191,000 IS STILL $2 MILLION UNDER BUDGET, RIGHT? SO, AND TO JAMES' POINT, IF IT WAS, IF [01:00:01] IT WAS ENGINEERED CORRECTLY TO BEGIN WITH, THIS $200,000 WOULD'VE BEEN INCLUDED IN THE BID. AND SO THE CONTRACT WOULD'VE ORIGINALLY BEEN THIS 3.5 ISH MILLION DOLLARS ANYWAY FROM THE VERY BEGINNING. AND I KNOW THIS DOESN'T SET WELL, I GET IT. AND I DON'T LIKE HAVING THIS KIND OF, WHEN HE FIRST BROUGHT THIS TO ME, IT'S LIKE , YOU KNOW, THIS, THIS IS A PRETTY BIG SHOT THAT'S 900 FEET'S A LOT. BUT, AND, AND I COMPLETELY AGREE WITH THAT'S THAT I, I WAS , I WAS AN, AND THAT'S WHY I TALK WITH THE ENGINEER, VERIFY, NOT JUST THIS WATER LINE, VERIFY EVERYTHING, WATER, VALVES, EVERYTHING. SAW EVERYTHING. SO JUST MAKING SURE THAT WE, WE DON'T COME BACK TO YOU BECAUSE THERE'S LIKE ANOTHER MATH ERROR IN HERE. 'CAUSE THAT'S ONE THING I DO NOT WANT TO DO. AND ACTUALLY I DON'T LIKE TO DO THIS AT ALL EVER. AND I DEFINITELY DON'T LIKE TO, UH, BRING THIS LARGE OF A CHANGE ORDER FOR SOMETHING. ESPECIALLY LIKE THIS RIGHT HERE TOO. YOU'RE ON DECK, CORRECT? YEAH. SO THIS CONSULTANT SLASH ENGINEER IS THE ONE THAT COMES UP WITH THE SCOPE OF WORK FOR SOMEBODY TO BID ON. CORRECT? THEY, THEY PUT TOGETHER THE, THE BID DOCUMENTS? YES. OKAY. UH, QUANTITIES. AND IN DOING SO, UM, IT SEEMS LIKE THEY'RE RATHER FLIPPANT AS TO ACCEPTING RESPONSIBILITY. UM, SORRY THAT THAT HAPPENED. NOTHING MORE. YOU KNOW, HONESTLY, I DON'T WANNA SEE THESE PEOPLE'S NAME ON ANYTHING GOING FORWARD BECAUSE OF THE FACT THAT ONE OF THE WAY THEY RESPONDED, TWO, IF THEY ARE ATTACHED TO ANY OTHER PROJECTS, I HAVE SI HAVE SIGNIFICANT CONCERNS AND I, THIS ISN'T YOU. I KNOW. I GET IT. SO PLEASE. YOU KNOW, UM, BUT YOU KNOW, WHO'S TO SAY THAT THIS ISN'T GONNA HAPPEN AGAIN? IT'S NOT LIKE IT'S JUST OFF A LITTLE BIT, RIGHT? 900 FEET. I MEAN, IF YOU HAVE CONSULTANTS SLASH ENGINEERS THAT IT'S THEIR JOB TO TAKE ALL THIS INFORMATION AND HERE'S THE, HERE'S THE, THE, THE, THE, THE LENGTH OF THE THING AND WHAT NEEDS TO BE DONE AND THE VOWS AND EVERYTHING, AND NOBODY FROM THEIR SIDE PICKED UP ON IT. NOW I KNOW THAT THE, THE PERSON DOING THE WORK, THEY'RE RELYING UPON IT. THEY'RE SAYING HEY, HERE'S THIS JOB THAT WE HAVE AND THIS IS WHAT WE'RE GONNA DO. BUT I'M BLOWN AWAY AT 900 FEET. THAT'S MISSING. I COMPLETELY AGREE WITH YOU. HOW DO YOU LOOK AT THE PLAS AND EVERYTHING AND SAY, OH, WELL DON'T WORRY ABOUT THIS OVER HERE. THAT'S THREE FOOTBALL FIELDS, RIGHT? I KNOW. I THINK THAT IN, IN MOVING FORWARD, THAT WE NEED TO CONSIDER WHAT OUR AGREEMENTS ARE WITH VENDORS LIKE THIS, WHERE THERE COULD BE SUCH A SIGNIFICANT VARIANCE IN WHAT IT IS. SO WE HAVE RECOURSE AGAINST THEM. I MEAN, WHAT, WHAT SAY YOU, WELL, UM, SINCE THIS ISN'T AN ITEM ON THE AGENDA, WE CAN DISCUSS IT IN CLOSED SESSION. THERE ARE SOME OPTIONS WE COULD CONSIDER. OKAY. I DON'T WANNA GO INTO THAT, BUT I'M SAYING GOING FORWARD. WELL, I THINK HE'S SAYING WE CAN DISCUSS THIS ITEM. WE DISCUSS THIS ITEM IN CLOSED SESSION BECAUSE ON OUR AGENDA WE CAN GET LEGAL ADVICE ON ANY ITEM ON OUR AGENDA. AND THERE'S, I WOULD LOVE THAT ROUTE BECAUSE A, IF WE'VE BEEN USING THEM FOR 20 OR 30 YEARS, AND FOR THEM TO SAY WHOOPSY DAISY. YEAH. I MEAN THEY, THEY SHOULD SHOW UP WITH HAT AND HAND AND SAY, HEY, LET'S MAKE YOUR RIDE WE'D LIKE IN THE NEXT 20 OR 30 YEARS. YEAH. SO CAN YOU SPLIT IT? SO WE DON'T NEED TO CONTINUE? WE, WE JUST NEED TO JUST TAKE, WE JUST NEED TO PROBABLY NEED TO TAKE ACTION ON THIS ITEM AND DISCUSS THE OPTIONS IN CLOSE SESSION. DISCUSS ITEMS RELATED TO NO DISCUSS OPTIONS IN CLOSED SESSION. SO DON'T TAKE ACTION ON THIS ITEM RIGHT NOW. WE NEED TO HAVE THE, WE NEED TO, WE HAVE IT BILL CONSTRUCTED. WE NEED TO APPROVE HIM DOING IT. AND THEN GO BACK THERE AND DISCUSS, YEAH. APPROVE THE FUNDING. AND THEN DISCUSS, DISCUSS LEGAL RECOURSE ISSUES. YES. OKAY. I'LL ENTERTAIN A MOTION. MADAM MAYOR, I MOVE TO APPROVE THE FM 6 64 WATER TRANSMISSION MAIN AND SANITARY SEWER PROJECT CHANGE ORDER NUMBER TWO WITH EGW SERVICES IN THE AMOUNT OF 191,000, $39 AND 50 CENTS. AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. [18. Consider construction contract for the Railyard Park Parking Lot Project in the amount of $928,007.30 ] [01:05:01] NUMBER 18, CONSIDER CONSTRUCTION CONTRACT FOR THE ROW YARD PARK PARKING LOT PROJECT IN THE AMOUNT OF $928,007 AND 30 CENTS CAMARO. GOOD EVENING, MAYOR AND COUNCIL. CAMARO MARTINEZ, CITY OF WAXAHATCHEE. UM, THIS ITEM IS FOR YOUR CONSIDERATION TO AWARD A CONTRACT TO TEXAS STANDARD CONSTRUCTION IN THE AMOUNT OF $928,007 AND 30 CENTS FOR, AS YOU STATED, FOR THE RAIL YARD PARK PARKING LOT PROJECT. UH, ABOUT A YEAR AND A HALF AGO, THE CITY PURCHASED THIS THREE AND A HALF ACRE PLOT FROM THE PREVIOUS OWNER, BOYS FEEDS STORE OWNER TO DEVELOP IT INTO ADDITIONAL PARKING AND FOOD TRUCK PARKING ADJACENT TO YARD PARK. AND THAT'S EXACTLY WHAT THIS PROJECT'S GONNA DO. WE'RE GONNA ADD APPROXIMATELY 53 PARKING SPACES, A EXTENSION OF MATTHEW STREET THAT'LL CONNECT OVER TO COLLEGE PAVED, UH, AS WELL AS SOME OTHER AMENITIES, SOME SIDEWALK CONNECTIONS, A SHADED, UH, SEATED AREA FOR YOU TO ENJOY ANY FOOD FROM THE FOOD TRUCKS, SOME LIGHTING, AND AS WELL AS SOME IRRIGATION AND SOME DRAINAGE IMPROVEMENTS. SO, UH, THE CONSULTANT THAT HELPED ENGINEER OF RECORD DID VET THE, ALL THE BIDS. THERE WAS 12 BIDS AWARD, UH, THAT WE RECEIVED WITH TEXAS STANDARD BEING THE LOWEST MOST RESPONSIVE BID. AND SO WE DO RECOMMEND APPROVING THAT CONTRACT. THERE'S A 120 DAY CONSTRUCTION TIME ON THIS, SO IF APPROVED TONIGHT, WE'LL GET THE NOTICE TO PROCEED AND THE CONTRACT SIGNED WITH HOPEFULLY GETTING THIS PROJECT DONE BEFORE THE YEAR END. OKAY. ANY QUESTIONS, COUNSEL? NO, NO. CONT UH, ONE THING THAT I WOULD LIKE TO ADD, WE DID COME IN UNDER BUDGET, UH, NO CONTINGENCIES. UM, THERE'S OBVIOUSLY OBVIOUS POTENTIALS FOR CHANGE ORDERS. WE'VE TALKED ABOUT DIFFERENT CHANGE ORDERS ALREADY IN A DIFFERENT CAPACITY, UH, FOR THE PARK ADJACENT TO IT, OBVIOUSLY WE'VE HAD IS ELECTRICAL ISSUES WITH THAT PARK. WE DISCUSSED THAT AT BUDGET A LITTLE BIT. UM, SO NOT NECESSARILY FOR THIS, UH, PROJECT, BUT JUST ADDING TO THAT CHA UH, CONTRACT AS A CHANGE ORDER CAPACITY. UH, I WILL SAY THAT WE DID COME IN APPROXIMATELY $700,000 IN THEIR BUDGET ON THIS ONE, SO WE'RE EXCITED TO DEFINITELY GET THOSE BIDS AND I'LL QUIT BUGGING YOU ABOUT THIS. RIGHT. WELL, IT WAS A GREAT RECOMMENDATION. IT WAS A GREAT RECOMMENDATION FROM, UH, COUNCILMAN SUITER. SO WE'RE HAPPY TO, TO SEE THAT DONE. 'CAUSE IT IS GONNA TAKE THE FOOD TRUCKS OUTSIDE FROM COLLEGE STREET RIGHT IN FRONT OF RAY YARD PARK AND PUT 'EM IN A SAFER ZONE THAT WE CAN THEN POTENTIALLY KEEP THAT STREET OPEN WHEN WE HAVE EVENTS. AND THAT 700,000 THAT'S, THAT'S BEING SAVED, UM, IT'S ALREADY THERE. UH, IF WE APPROVE THIS, THAT WON'T TAKE AWAY THE ABILITY TO UTILIZE THAT FOR POTENTIAL RESTROOMS, UM, ON ADJACENT PROPERTIES, UM, OR OTHER THINGS RELATED TO THIS PROJECT. CORRECT. DOES THIS PUT A, DOES THIS PUT A BOW ON THE PROJECT OR CAN WE ADD TO IT WITH THESE FUNDS? SO IT, IT DEPENDS ON WHAT WE WANT TO DO, OBVIOUSLY, BECAUSE IT IS BOND FUNDED. UM, AND I THINK WE'VE EXPLORED THAT A LITTLE BIT IN THE PAST AS FAR AS UTILIZING BONDS FOR PRIVATE DEVELOPMENT. AND SO WE'D HAVE TO EXPLORE THAT AGAIN IN THIS SENSE AS TO WHAT WE EXACTLY WANNA DO. UH, CERTAINLY IF IT'S SOMETHING THE CITY'S DOING, I THINK WE'RE PLAYING CAPABLE OF USING THOSE FUNDS TO WHATEVER THAT MEANS. BUT I THINK TO YOUR POINT, IF THERE'S A PARTNERSHIP THERE, WE'D, WE'D HAVE TO EXPLORE THAT A LITTLE BIT MORE IF IT'S, I THINK CHAD WOULD NEED TO, UH, CONSULT WITH THE BOND COUNCIL JUST TO MAKE SURE THAT WE'RE NOT VIOLATING ANYTHING ON HOW THE BONDS WERE SOLD AND THAT SORT OF THING. I'D LOVE TO SEE BATHROOMS ADDED ABSOLUTELY IN THAT AREA. I UNDERSTAND THE, THE FLOOD PLAIN AREA AND SUCH, BUT WITH ALL THIS WORK THAT WE'RE DOING THERE, IF THERE'S ANY WAY POSSIBLE IN THE NEAR FUTURE, WE PUT BATHROOMS, UH, NEAR THERE, AT LEAST WOULD BE GREAT. SURE. NOTED. ANY OTHER QUESTIONS OR ANYTHING FOR CAMARO? ENTERTAIN MOTION. GOOD JOB. ENTERTAIN A MOTION. THANK YOU. I MOVE TO APPROVE THE CONSTRUCTION CONTRACT WITH TEXAS STANDARD CONSTRUCTION FOR THE RAIL YARD PARK PARKING LOT PROJECT IN AN AMOUNT NOT TO EXCEED $928,007 AND 30 CENTS. AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU. THANK YOU. [19. Consider supplemental appropriation for Airport Gate Security Enhancement Project in the amount of $23,589.90] ITEM 19, CONSIDER SUPPLEMENTAL APPROPRIATION FOR AIRPORT GATE SECURITY ENHANCEMENT PROJECT IN THE AMOUNT OF $23,589 AND 90 CENTS. DUSTIN, MADAM MAYOR, COUNCIL MEMBERS, DUSTIN DILL, DIRECTOR OF ADMINISTRATIVE SERVICES BEFORE YOU AS A SUPPLEMENTAL APPROPRIATION REQUEST IN THE AMOUNT OF $23,589 AND 90 CENTS FOR AN AIRPORT GATE SECURITY ENHANCEMENT PROJECT [01:10:01] DURING THE FY 26 BUDGET PROCESS, 35,000 WAS ORIGINALLY APPROVED FOR THE AIRPORT GATE IMPROVEMENT PROJECT, FOCUSING ON THE, IMPROVING THE SECURITY AND ACCESS CONTROL AT THE MIDWAY REGIONAL AIRPORT. AFTER PRESENTING THE INITIAL PROJECT CONCEPT TO THE AIRPORT, THE JOINT AIRPORT BOARD, THE BOARD DID REQUEST ADDITIONAL FUNCTIONALITY AND SECURITY ENHANCEMENTS, UH, THAT THE AIRPORT DID SEEM STAFF DID FEEL LIKE IT WAS VALUABLE. UH, BASED ON THAT DIRECTION, STAFF DID REVISE THE PROJECT TO INCLUDE TWO UPGRADED ACCESS CONTROL GATES AND UPGRADED CAMERA VER SURVEILLANCE SYSTEM, UM, ENHANCED RFID ACCESS CONTROLS, AND THEN SOME OTHER ADDITIONAL SITE SECURITIES. ONE OF THE OTHER ADDED IMPROVEMENTS IS A NEW AUTOMATED GATE THAT WILL ALLOW THE FBO TO DIRECTLY CONTROL PASSENGERS ACCESS TO THE APRON OF THE AIRPORT, UH, WHERE ACCESS IS CURRENTLY CONTROLLED THROUGH JUST A MANUAL GATE. TODAY, THE ENHANCEMENTS WILL IMPROVE BOTH THE AIRPORT SECURITY OPERATION O AIRPORT SECURITY AND OPERATIONAL SAFETY, UH, BY BETTER CONTROLLING ACCESS AND RESTRICTING THAT TO THE AIRFIELD. THE REVISED PROJECT, UH, COST IS NOW $58,589 AND 93 CENTS, UH, WHICH IS THE $23,589 90 CENTS, UH, ABOVE WHAT IS WAS CURRENTLY APPROVED IN THE BUDGET FUNDING REQUEST FOR THIS WILL COME FROM THE MIDWAY REGIONAL AIRPORT RESERVE FUND AND THERE ARE SUFFICIENT FUNDS AVAILABLE TO COVER THIS EXPENSE, AND THEN STAFF RECOMMENDS APPROVAL. THANK YOU, DUSTIN. COUNSEL, YOU HAVE ANY QUESTIONS? ENTERTAIN A MOTION? IF NOT, DID WE, DID WE ENTERTAIN THE IDEA OF A TSA AGENT? ARE WE AT THAT LEVEL YET? CAN WE DO THAT TRACE? WE'RE WORKING ON IT. . OKAY. MADAM MAYOR, I MOVE TO APPROVE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $23,589 AND 90 CENTS FOR THE AIRPORT GATE SECURITY ENHANCEMENT PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. [20. Consider award of contract and supplemental appropriation for construction administration services for the Mid-Way Regional Airport Fuel Farm Expansion in the amount of $8,627 ] NEXT ITEM IS FOR DUSTIN, AS WELL CONSIDER AWARD OF CONTRACT AND SUPPLEMENTAL APPROPRIATION FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE MIDWAY REGIONAL AIRPORT FUEL FARM EXPANSION IN THE AMOUNT OF $8,627. DUSTIN, THANK YOU. UH, BEFORE YOU AS A CONTRACT AWARD AND SUPPLEMENTAL APPROPRIATIONS RELATED TO THE FUEL FARM EXPANSION PROJECT DOWN AT THE MIDWAY REGIONAL AIRPORT. AS PART OF THIS PROJECT, THE AIRPORT REQUIRES CONSTRUCTION ADMINISTRATION SERVICES TO OVERSEE THE CONSTRUCTION PHASE AND ENSURE THE COMPLIANCE WITH THE PROJECT SPECIFICATIONS, THE GRANT REQUIREMENTS OVERALL PROJECT MANAGEMENT, UM, THAT GOES ON FOR THIS PARTICULAR PROJECT. THE PROPOSED AGREEMENT IS WITH PARK HILL, SMITH AND COOPER. THEY ARE OUR ENGINEERS OF RECORD THROUGH THE DESIGN PROCESS, UH, AND, UH, THAT HAVE HELPED DEVELOP THE, UH, THE OVERALL PROJECT. THE CONTRACT AMOUNT FOR THESE PRO PROFESSIONAL SERVICES IS $172,540 AND INCLUDE CONSTRUCTION OVERSIGHT, UM, CONTRACTOR COORDINATION, REVIEW OF PAY APPLICATIONS, UH, SITE INSPECTIONS, TESTING SERVICES, PROJECT COORDINATION, AND, UH, PROJECT CLOSEOUT. THIS PROJECT IS PART OF A, UH, PART OF THE LARGER, UH, FUEL FARM EXPANSION PROJECT, WHICH IS BEING FUNDED THROUGH THE AIRPORT AIRPORT IMPROVEMENT GRANT. UM, THAT'S TOTALING A TOTAL OF $802,529, AND IT HAS A 5% MATCH ON EVERYTHING BECAUSE OF THE GRANT STRUCTURE. THE AIRPORT'S PORTION OF THIS PARTICULAR CONTRACT IS $8,627, UH, WHICH REQUIRES THE SUPPLEMENTAL APPROPRIATION FROM THE AIRPORT RESERVES FUND. SUFFICIENT FUNDS ARE AVAILABLE FOR THE AIRPORT RESERVE FUND TO COVER THE COST AND STAFF RECOMMENDS APPROVAL. THANK YOU, DUSTIN. COUNSEL, YOU HAVE ANY QUESTIONS? GOOD JOB, DUSTIN. BRANDON, KEEP BRINGING THOSE GRANTS. MA'AM, JUST WAIT. ENTERTAIN A MOTION. I JUST HAVE A QUESTION ON THE GRANTS AND I BIT TO ASK EARLIER, BUT DID WE USE OUR GRANT WRITING SERVICE THIRD PARTY FOR THIS, OR WAS THIS DONE IN-HOUSE? SO THIS WAS AN EXISTING GRANT THAT HAD BEEN APPLIED FOR PREVIOUSLY, AND IT'S KIND OF A CONTINUATION. UM, THE NEXT GRANT THAT YOU'RE GONNA SEE, IT DOES HAVE INVOLVEMENT WITH THAT PARTICULAR PERSON AS WELL AS MANY OTHER, UM, GRANTS THAT WE'VE BEEN EXPLORING. NOT SECURED YET, BUT DEFINITELY ARE EXPLORING MANY DIFFERENT OPTIONS. PERFECT. AND A BOY, YOU READY FOR A MOTION? YES, I AM MADAM MAYOR. I MOVE TO AWARD THE A CONTRACT TO PARK HILL SMITH AND COOPER INCORPORATED FOR PROFESSIONAL CONSTRUCTION ADMINISTRATION SERVICES RELATED TO THE MIDWAY REGIONAL AIRPORT FUEL FARM EXPANSION PROJECT. APPROVE A SUPPLEMENTAL APPROPRIATION FROM THE AIRPORT RESERVE FUND IN THE AMOUNT OF $8,627, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK [01:15:01] YOU, COUNSEL. [21. Consider proposed Resolution authorizing application for Texas Water Development Board Water Supply and Infrastructure Grant ] THE NEXT ONE ALSO IS FOR DUSTIN. CONSIDER PROPOSED RESOLUTION AUTHORIZING APPLICATION FOR TEXAS WATER DEVELOPMENT BOARD WATER SUPPLY AND INFRASTRUCTURE GRANT. DUSTIN, AND THIS IS MY LAST ONE HERE FOR YOU. AND, UH, AS I HAVE MENTIONED, THIS IS A RESOLUTION, A RESOLUTION AUTHORIZING THE CITY. SUBMIT AN APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD, UH, FOR GRANT FUNDING UNDER WHAT WE ARE CALLING THE WAXAHATCHEE LONG-TERM WATER SUPPLY SECURITY INITIATIVE. AND IT ROLLS RIGHT OFF THE TONGUE. THE APPLICATION REQUEST IS UP TO 20, IS FOR UP TO 21 MILLION IN GRANT FUNDING FOR THREE CRITICAL LONG-TERM WATER INFRASTRUCTURE PROJECTS. UH, THE FIRST ONE IS THE REHABILITATION OF THE SOUTH PRONG DAM. OTHER IS THE HOWARD AND SOCAL WATER TREATMENT PLANT BOUNDARY SEPARATION PROJECT. AND THEN THE THIRD IS GONNA BE FOR THE PURCHASE OF ADDITIONAL WATER RIGHTS. SO DURING THE 89TH TEXAS LEGISLATIVE SESSION, HOUSE BILL 500 APPROPRIATED ABOUT A MILLION DOLLARS FOR WATER SUPPLY AND INFRASTRUCTURE PROJECTS THROUGH THE TEXAS WATER BOARD, UH, WATER DEVELOPMENT BOARD. THIS PROGRAM IS A HUNDRED PERCENT GRANT WITH NO LOCAL MATCH REQUIREMENTS, AND THAT'S PRETTY RARE . IT'S A ONE-TIME FUNDING OPPORTUNITY THAT WE END UP FINDING THE CITY IS WELL POSITIONED, UH, BECAUSE OF ALL THE PLANNING TO PURSUE THIS, UH, PARTICULAR GRANT OPPORTUNITY. UM, PROJECTS ARE ALREADY UNDERWAY, ALLOWING US TO MOVE QUICKLY THROUGH THE FUNDING. UM, UH, IF WE'RE AWARDED, THIS PARTICULAR ACTION DOES NOT OBLIGATE THE CITY TO SPEND ANY FUNDS OR ACCEPT AN AWARD. IT SIMPLY AUTHORIZES STAFF. IT'S THE FIRST STEP TO SUBMIT THE APPLICATION AND COMPLETE THE REQUIRED DOCUMENTATION TO BE CONSIDERED FOR FUNDING. AND IF YOU LIKE FREE MONEY LIKE I DO, STAFF RECOMMENDS APPROVING AMEN . COUNSEL, YOU HAVE ANY QUESTIONS OF DUSTIN? I WILL ALSO SAY, UH, MR. GOLLY IS HERE WITH THE DIRECTOR OF WATER DEPARTMENT. IF Y'ALL HAVE ANY SPECIFIC TECHNICAL QUESTIONS FOR HIM TO ANSWER, I'LL ENTERTAIN A MOTION. MADAM MAYOR, I MOVE TO APPROVE A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR GRANT FUNDING RELATED TO THE WAXAHATCHEE LONG-TERM WATER SUPPLY SECURITY INITIATIVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO I HAVE A SECOND? THE BIGGEST SECOND YOU COULD EVER HEAR . ALL IN FAVOR, RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU. THANK YOU, DUSTIN. [22. Consider construction contract with J&K Excavation for drainage and paving repair work on John Arden Drive in an amount not to exceed $120,870 and authorize a temporary road closure ] NEXT ITEM IS 22. CONSIDER CONSTRUCTION CONTRACT WITH J AND K EXCAVATION FOR DRAINAGE AND PAVING REPAIR WORK ON JOHN ARDEN DRIVE IN AMOUNT NOT TO EXCEED $120,870 AND AUTHORIZE A TEMPORARY ROAD CLOSURE. JUSTIN? THANK YOU MAYOR CITY COUNCIL, ABOUT 250 FEET NORTHWEST OF NORTH GRAND AVENUE ALONG JOHN JOHN ARDEN. THE CITY HAS 4 48 INCH CULVERTS IN SERIES THAT DRAIN WATER FROM THE NORTH SIDE OF JOHN ARDEN DOWN TO THE SOUTH SIDE. UM, ON THE MORNING OF SUNDAY, JUNE 14TH, UH, THE CITY GOT A PRETTY GOOD RAINSTORM AND WASHED OUT THE SOIL AROUND THOSE CULVERTS. UM, PORTIONS OF THOSE CULVERTS ON THE SOUTH SIDE STARTED TO WASH DOWNSTREAM AND STARTED TO UNDERMINE JOHN ARDEN. SO, UH, PUBLIC WORKS CREWS WENT TO SECURE JOHN ARDEN. WE'VE NARROWED IT DOWN TO ONE LANE USING OUR CONSTRUCTION SIGNALS TO, TO KEEP PEOPLE SAFE ON THAT. AND THEN WE WENT AND CREATED AN, AN INFORMAL BID TO ACQUIRE QUOTES TO BE ABLE TO REPAIR THE, THE CULVERTS AND THE ROADWAY AND TO RESTORE IT BACK TO WORKING ORDER. UM, THE LOW BID WAS FROM J AND K FOR THE AMOUNT OF $120,870. WE RECOMMEND APPROVAL AS WELL AS THE ROAD CLOSURE FOR THEM TO DO THE WORK. ANY QUESTIONS, COUNSEL? I DO HAVE A QUESTION JUST BECAUSE WE JUST FUNDED OR PUT INTO THE BUDGET. I DON'T REMEMBER WHERE IT'S AT NOW, BUT THE CORE SAMPLING TO BEGIN ON JOHN ARDEN FOR LIKE THE LONG TERM IMPROVEMENTS. JAMES, JAMES CAN ANSWER THAT WHEN WE, IS THIS SPOKE JUST THE OTHER DAY ABOUT THAT THIS IS NOT RELATED. I KNOW IT'S NOT RELATED, BUT IS THIS, IS THIS 120,000 BANDAID, OR COULD THIS FALL INTO THAT? NO, NO, NO. THIS IS WAY UP THE ROAD. IS IT GOING THIS IS AT THE RAILROAD TRACKS. YEAH, I JUST, THAT'S WHY I WAS KIND OF LATE TO THE FIRST THING. IT'S A DIFFERENT ISSUE THAT LIGHT. BUT IS IS THIS, I KNOW IT'S DIFFERENT THAN WHERE WE'RE DOING THE CORE SAMPLING, BUT IF THIS WAS AN ISSUE THERE AND JOHN ARDEN HAS AN ISSUE THE WHOLE WAY DOWN, IS THIS A HUNDRED, IS THIS GONNA END UP BEING $120,000 BANDAID? NO, NO, NO. THIS IS THIS, THIS PORTION OF JOHN ARDEN IS NOT LIKE THE SECTION [01:20:01] THAT WE'RE TALKING ABOUT THAT HAS SOFT SOILS. THIS IS AN AREA WHERE IS INTENTIONALLY WELL THE, THE PROBLEM THE ROAD IS, IS STABLE FOR THAT AREA. OKAY. THE PROBLEM IS THE DRAINAGE CULVERTS THAT RUN UNDER JOHN R AND GOT WASHED AWAY. OKAY. BUT THE, THE SOIL IS STABLE. THE SOIL IN THAT AREA IS, THAT WAS KIND OF WHERE I WAS GETTING AT. IS THIS GONNA BE A, WE'RE ABOUT TO, WE'RE ABOUT TO START THE PROCESS OF INVENTING A NEW ISSUE ON THIS PART OF JOHN ARDEN. YEAH, IT'S A GREAT QUESTION, BUT IT IS TWO DIFFERENT AREAS AND TWO DIFFERENT TYPES OF SOIL. YEAH. THIS, THIS PORTION OF JOHN ARDEN IS, IS THIS STABLE? THE SOIL CHANGES THAT FAST AT THE STOP SIGN. IT'S ON, IT'S ON THE DO WE HAVE A MOTION? MADAM MAYOR? I MOVE TO APPROVE THE CONSTRUCTION CONTRACT WITH J AND K EXCAVATION, LLC FOR DRAINAGE AND PAVING REPAIR WORK ON JOHN ARDEN DRIVE IN THE AMOUNT NOT TO EXCEED $120,870, APPROVE A ROAD CLOSURE FOR UP TO TWO WEEKS AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. AND THANK YOU JUSTIN. THE [Items 23 - 27] NEXT TWO ITEMS, UH, THE, UH, APPLICANT IS REQUESTING TO CONTINUE THE PUBLIC HEARING, UH, FOR ITEM NUMBER 23 AND 24, CORRECT. CAS SANDRA? IT ACTUALLY GOES, I'M SORRY. IT ACTUALLY GOES TO, UH, ITEM NUMBER 27, INCLUDING THE ITEMS FOR THE, UM, ENTERPRISE ZONE NOMINATION. DO WE NEED A MOTION FOR EACH ONE OR ONE MOTION, TERRY? WELL, MOTION WILL WORK FINE. OKAY. YEAH. AND THAT IS 23, 24, 25, AND 26 AND 27 TOTAL OF FIVE. OKAY. THANK YOU, CASSANDRA. DO WE HAVE A MO, UM, MOTION? I'LL DO IT. OKAY. I'LL MOVE. I MOVE TO CONTINUE THE PUBLIC HEARING FOR THE ADOPTION OF THE ORDINANCE, CREATING WAXAHATCHEE REINVESTMENT ZONE NUMBER 33, THE TAX ABATEMENT AGREEMENT, AND THE ENTERPRISE ZONE PROJECT NOMINATION TO THE JULY 20TH, 2026 CITY COUNCIL MEETING. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU. ALL RIGHT. THAT BRINGS US TO ITEM NUMBER 28 TO CONVENE INTO EXECUTIVE SESSION. UH, BUT [30. Comments by Mayor, City Council, City Attorney and City Management ] BEFORE WE DO THAT, I WILL TAKE COMMENTS AND I WILL START, UH, TO MY RIGHT. TERRY. NOTHING, MADAM MAYOR. THANK YOU. OKAY. COUNCILMAN WRIGHT. I'D LIKE TO THANK MR. MR. SKO HAS LEFT, BUT HE DROVE IN FROM AMARILLO JUST TO SPEAK ON THAT ONE ITEM THAT WAS ON THE AGENDA THAT THEY GOT WITHDRAWN. SO I'D LIKE ONE OF OUR CITIZENS THAT WORKS IN AMARILLO, BUT LIVES HERE, AND HE DROVE THAT DISTANCE. I'D JUST LIKE THANK HIM FOR DOING THAT. OKAY. UM, COUNCILMAN SUITER. THANK YOU, MADAM MAYOR. UM, COUPLE THINGS. FIRST OFF, UM, WE JUST COMPLETED OUR JULY 4TH PARADE DOWN MAIN STREET INTO OUR DOWNTOWN AREA. I WANT TO THANK EVERYBODY WHO MADE THAT POSSIBLE. UM, I, I, I SAW 'EM START WORKING ON IT. THOMAS, YOU SAW ME OUTSIDE. UM, THANK Y'ALL FOR ALL THAT Y'ALL DO AND FOR THE CITY WORKERS AND THOSE THAT VOLUNTEERED. UM, AMBER VOLUNTEERED FOR A, A CORONER. I KNOW CHIEF YOU DID. AND MONICA, I MEAN, THERE'S A BUNCH OF PEOPLE THAT VOLUNTEERED TO MAKE THAT HAPPEN. UM, THAT NOTHING SAYS MORE AMERICANA THAN A JULY 4TH PARADE GOING THROUGH A TEXAS CITY THAT ENDS UP AT A HISTORIC, UM, COURTHOUSE. SO I WANT TO THANK THEM FOR THAT. SECONDLY, I WANT TO GO BACK TO THE ITEM AS IT RELATED TO THE NUTRA AG, THE 47 40 NORTH INTERSTATE 35 E MATTER. UM, THERE WOULD'VE BEEN NO WAY THAT I COULD HAVE ACCEPTED SOMETHING COMING INTO AN AREA THAT WHILE THERE MAY HAVE ALL THE, THE, UM, THE PARAMETERS, ALL THE, ALL THE STOPGAP MEASURES, EVERYTHING TO REDUCE THE HARM, TO BRING THAT INTO AN AREA WHERE YOU HAVE A SCHOOL, WHERE YOU HAVE RESIDENTIAL, WHERE YOU HAVE COMMERCIAL IN A SMALL AREA, UM, JUST [01:25:01] COULDN'T DO IT. I COULDN'T SLEEP AT NIGHT IF SOMETHING WENT WRONG THERE. UM, THOSE OF YOU WHO MAY HAVE SEEN WHAT HAPPENED DOWN IN WEST WHEN YOU HAD SOMETHING THAT WAS CLOSE TO TWO SCHOOLS AND BUNCH OF HOUSES. NOW NOT TO SAY THAT IT'D BE THE SAME EXTENT, BUT WE'RE EXPOSING OUR CITIZENS TO THINGS THAT COULD BE VERY PROBLEMATIC. THE SHERWIN WILLIAMS PLANT THAT, UM, THAT EXPLODED IN GARLAND A COUPLE OF YEARS AGO, THAT WAS RIGHT ON A CREEK WHERE THE, THE TOXIC MATTER WENT INTO THE CREEK COULDN'T DO IT. AND FINALLY, THERE'S NO WAY IN HELL I'M GOING TO SET UP SOMETHING WHERE OUR FIRST RESPONDERS HAVE TO GO INTO SOMETHING THAT IT WAS RATHER NONCHALANT THAT, OH, WELL, WE'LL, WE'LL PUT SOME WATER ON IT AND THEN FIRE DEPARTMENT WILL SHOW UP. UM, NO, I'VE NEVER PUT OUR FIRST RESPONDERS IN A POSITION LIKE THAT. SO, UM, I JUST WANTED TO HIGHLIGHT THAT. I KNOW THAT, THAT THE, HOW THE VOTE CAME OUT, BUT I JUST, I DIDN'T SAY ANYTHING DURING THE, DURING THE, UH, PRESENTATION, BUT I JUST WANTED TO MAKE IT CLEAR THAT IF YOU COULD HAVE COME INTO WAXAHATCHEE, YOU NEED TO DO SO AND BE A GOOD CORPORATE CITIZEN WHERE IT DOESN'T EXPOSE OTHERS TO HARM THAT THEY COULD, UH, SUFFER. THANK YOU. THANK YOU. AND TO MY LEFT TRAINING MAYOR PROTI SMITH. THANK YOU, MADAM MAYOR. UH, TO ADD ONE LITTLE POINT TO PAT'S, PAT'S NOTE THERE ON, ON THAT AGENDA ITEM, I, I LOST A LOT OF, UH, TRUST IN THE PROJECT WHEN THEY POINTED OUT DURING THE PNZ THAT I SAT IN FOR, UH, MAYOR PAULISON, THAT THE WIND ALWAYS BLOWS TO THE SOUTHWEST. WHEN THEY WERE PRESENTING TONIGHT, THE WIND WAS LITERALLY BLOWING TO THE SOUTHEAST . UM, SO JUST TO MAKE THAT CLAIM LIKE IT WASN'T GONNA BE AN ISSUE, UH, JUST TO ME WENT TO SHOW THAT, UH, THERE WASN'T THE CARE FOR THE COMMUNITY, UM, THAT SHOULD HAVE BEEN THERE WITH AN ISSUE LIKE THAT. UM, ON BRIGHTER NOTES, JULY 4TH WAS, AS ALWAYS, UM, WE DO IT BETTER THAN EVERYONE ELSE, IN MY OPINION. UM, THE FIREWORK SHOW WAS INCREDIBLE. KBC ON THERE WITH IT ALL SYNCED. UM, THE PARADE AS ALWAYS, WAS GREAT. UM, AND IT WAS PRETTY SPECIAL TO SEE THE STREETS TEAM FOLLOWING BEHIND. I MEAN, I DON'T KNOW. IT WAS, IT WAS COOL TO SEE THAT WE HAD FOLKS THAT WORKED FOR THE CITY GIVING UP THEIR TIME WITH THEIR FAMILIES, UM, TO MAKE SURE THAT EVERYONE ELSE GOT TO ENJOY THE DAY. UM, SO THANK THEM FOR THAT AND EVERYONE ELSE INVOLVED. AND, UM, DUSTIN, YOU DID SOMETHING TODAY. ARE YOU STILL IN THERE? YEAH, THAT SINCE AROUND 10 15, 10 30 AM ON MARCH 2ND, 2023, A FEW OF US HAVE BEEN BEGGING FOR STAFF TO DO, UM, AND STAFF NOW HAS THE FREEDOM TO PURSUE THOSE THINGS AND THE CONFIDENCE TO DO SO. BUT JUST APPLYING OR STARTING THE PROCESS OF APPLYING FOR THE WATER BOARD GRANTS, THAT'S WHEN WE LEARNED ABOUT 'EM IN SAN ANTONIO. UM, GLENN HAGER GAVE THE PRESENTATION ON IT, AND WE STARTED ASKING THAT MORNING, HEY, CAN WE DO SOMETHING ABOUT THIS? UM, IT TOOK A BIT, BUT THANK YOU FOR MOVING THAT FORWARD AND FOR ANY OTHER OF THE STAFF THAT WERE INVOLVED IN THAT. THAT'S, UM, THAT IS, THAT IS THE GOOD KIND OF PROGRESS. THANK YOU, COUNCILMAN ATKINS. WELL, EVERYBODY'S KIND OF ROBBED MY TOPICS OF DISCUSSION, BUT, UH, THAT HAPPENS. THAT'S THE BONUS FOR GOING LAST, I GUESS, NOW, UH, THE, THE 4TH OF JULY FESTIVITIES. UH, CAN'T THINK, UH, EVERYONE INVOLVED. IT'S, IT'S ALWAYS, I MEAN, I'M JUST LIVE DOWN THE STREET FROM PAT AND WE, WE GET A, A REALLY, REALLY JUST BEAUTIFUL PARADE. I I, I AGREE WITH TRAVIS. I THINK WE DO IT BETTER THAN ANYBODY. UM, THAT, AND, AND, UH, JUST TO REITERATE ON, ON THE, UH, THE COMBUSTIBLE MATERIALS, I, I COULDN'T AGREE MORE WITH COUNCILMAN SUITOR. IT'S, UH, I COULDN'T SLEEP AT NIGHT. AND, UH, SO WITH THAT, I'LL TURN IT OVER TO, UH, RICKY. THANK YOU. AND, UH, JUST TO REITERATE, YES, UH, THE, UH, FIREWORKS SHOW, THE CHRIS THE, UH, [01:30:01] PARADE, ALL REALLY GOOD EVENTS BY A TON OF PEOPLE, UH, IN THIS CITY. THEY ALL DO A GREAT JOB ON THAT. ALSO, THE JUNETEENTH PARADE THAT WE HAD SINCE OUR LAST COUNCIL MEETING WAS REALLY, UH, A GOOD, UH, EVENT AND APPRECIATE EVERYBODY THAT PARTICIPATED IN, IN THOSE FESTIVITIES. UM, AND JUST TO CLARIFY SOMETHING, I THINK YOU KINDA ASKED EARLIER, TRAVIS, ON THE GRANT FOR THE SWAT, UH, I THINK DONNA DID ALL THAT WORK ON THAT, ON THAT GRANT. SO KUDOS TO HER. UH, YOUR STAFF IS LOOKING FOR EVERY SORT OF WAY THAT WE CAN TO, UH, DIG UP EVERY EXTRA MONEY THAT WE CAN FIND AND, UH, SOLIDIFY THE BUDGET IN EVERY WAY THAT WE CAN. AND, UH, I ALSO WANT TO JUST, UH, GIVE, AGAIN, GIVE ANOTHER SHOUT OUT TO CHAD AND HIS TEAM FOR THE RECENT, UH, BUDGET MEETINGS THAT WE HAD AND YOUR INPUT ON THOSE THINGS. UM, THERE'S A LOT OF HOURS THAT GO ON BEHIND THE SCENE ON THE, THAT TYPE OF WORK, AND NOT ONLY BY CHAD AND HIS TEAM, BUT BY EVERY DIRECTOR. AND I THANK OUR, OUR STAFF FOR ALL THE GOOD WORK THAT THEY DO. SO THAT'S ALL I HAVE. THANK YOU. TALKING ABOUT GOING LAST . UM, YEAH, I WANT TO ECHO A LOT OF WHAT WAS SAID HERE. I, I KNOW THERE WERE IN EXCESS OF 10,000 PEOPLE THAT ATTENDED THE, THE PARADE. IT'S PHENOMENAL EVERY YEAR, VERY WELL ATTENDED. AND, UH, WHEN YOU'RE IN THE PARADE AND, AND, YOU KNOW, HEADING DOWN MAIN STREET AND YOU SEE ALL THOSE PEOPLE IN THEIR PATRIOTIC CLOTHING AND, AND FAMILIES AND MEMORIES, AND IT'S REALLY SOMETHING TO SEE. AND I'M, I'M VERY GRATEFUL, YOU KNOW, TO BE PART OF THAT. UM, I WANNA PUBLICLY THANK, UH, JUSTIN STOKER FOR THE WORK THAT HE'S DONE, UH, ON THE VISTA WAY NEIGHBORHOOD. HE'S REALLY GONE ABOVE AND BEYOND. UH, THERE'S BEEN SEVERAL COMPLAINTS FROM THE CITIZENS ABOUT THE SPEED ON THE STREET THERE. I KNOW HE'S WORKED WITH CHIEF WISER AND THE POLICE DEPARTMENT. UH, THEY'VE BEEN OUT THERE A LOT AS WELL, UH, TO ADDRESS SOME OF THE SPEED ISSUES. AND, UH, I KNOW JUSTIN HAS, YOU KNOW, SET UP A MEETING WITH THE NEIGHBORHOOD, HOA GROUP. AND, UM, WE REALLY HAVE SOME PHENOMENAL, UH, STAFF HERE FOR THE CITY OF WAXAHATCHEE. AND, UH, I CAN'T SAY ENOUGH. UH, ALSO, UH, GAMERO, YOU KNOW, I HAD A, A CALL LAST WEEK, UH, SOMEONE COMPLAINING ABOUT, YOU KNOW, A POSSIBLE LEAK. AND I CALLED G**O AND HE DROPPED WHAT HE WAS DOING AND WENT STRAIGHT TO THE LOCATION TO SEE IF THERE WAS SOMETHING THAT HE COULD DO. UH, AND THAT, THAT'S WHAT WE HAVE HERE IN WAXAHATCHEE FROM ACROSS THE BOARD, OUR FIRST RESPONDERS, UM, EACH OF THE DEPARTMENT, UH, STAFF. AND AGAIN, I JUST CAN'T SAY ENOUGH HOW MUCH, UH, AS YOUR MAYOR AND THE CITY COUNCIL APPRECIATES THE FIRST CLASS TOP-NOTCH SERVICE THAT YOU ALL DELIVER EACH AND EVERY DAY TO OUR COMMUNITY THAT DESERVES EXACTLY WHAT THEY GET. UH, WITH THAT, [28. Convene into Executive Session to deliberate economic development incentives, as permitted by Texas Government Code Section 551.087; to deliberate the purchase, exchange, lease, or value of real property for municipal purposes, as permitted by Texas Government Code Section 551.072; to deliberate personnel matters, including the appointment, evaluation, duties or dismissal of any member of a City board or commission, as permitted by Texas Government Code Section 551.074; to consult with City Attorney regarding legal issues associated with City Code and Charter provisions and consultation with City Attorney regarding pending and anticipated litigation, as permitted by Texas Government Code Section 551.071, and all matters incident and related thereto ] UH, WE WILL, UH, CONVENE INTO EXECUTIVE SESSION. UH, YOU CAN HANG AROUND UNTIL WE'RE DONE OR YOU CAN, UH, GO ON TO THE HOUSE. AND AGAIN, I WANTED TO THANK YOU, UH, DEBORAH NORTH, UH, THE, UH, DESOTO COUNCIL MEMBER AGAIN FOR ATTENDING TONIGHT. IT'S A PLEASURE. THANK YOU, MIKE. WE ARE, UH, [29. Reconvene and take any necessary action ] RECONVENING AND TAKING NECESSARY ACTION. UH, WE HAVE ONE ITEM TO TAKE ACTION ON. COUNCILMAN SUITER MATTER. MAYOR, I MOVE TO AUTHORIZE THE CITY'S PAYMENT OF ANY LIENS ASSOCIATED WITH THE PROPERTY LOCATED AT TWO 16 NORTH COLLEGE STREET, AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL APPROPRIATE DOCUMENTATION. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. THREE THOSE OPPOSED. SAME SIGN. MOTION CARRIES. ALL RIGHT, THAT CONCLUDES OUR MEETING AT 1108. THANK YOU, COUNSEL AND STAFF. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.