[OPENING ITEMS]
[00:00:08]
BY WELCOMING PASTOR ED MAYBERRY TO COME FORWARD AND GIVE US AN INVOCATION.
IF YOU WOULD STAND WITH ME PLEASE.
DEAR LORD, WE THANK YOU FOR THIS GREAT CITY AND FOR EVERY PERSON WHO CALLS THIS COMMUNITY HOME, WE'RE GRATEFUL FOR THE LEADERS GATHERED HERE TODAY, THOSE WHO ARE ENTRUSTED WITH THE RESPONSIBILITY OF MAKING DECISIONS THAT AFFECT FAMILIES, COMMUNITY, BUSINESSES, AND FOR THE FUTURE OF OUR CITY.
AS WE EXPERIENCE THIS RECENT DAYS OF SNOW, WE ARE REMINDED OF BOTH THE BEAUTY AND THE CHALLENGES OF NATURE AND FOR OUR DEPENDENCE ON ONE ANOTHER.
WE THANK YOU FOR THE PROTECTION DURING THIS TIME AND FOR THOSE WHO WORKED HARD TO KEEP OUR ROADS SAFE.
AND FOR OUR FIRST RESPONDERS, OUR CITY STAFF, AND OUR NEIGHBORS WHO EXTENDED CARE AND KINDNESS TO ONE ANOTHER, WE ASK FOR WISDOM, CLARITY, AND UNITY.
FOR THIS COUNCIL, AS WE MEET TODAY, MAY EVERY DECISION BE GUIDED BY INTEGRITY, COMPASSION, IN SINCERE DESIRE TO SERVE THE COMMON GOOD.
MAY THIS CITY CONTINUE TO BE A PLACE OF OPPORTUNITY WHERE OPPORTUNITY GROWS AND WHERE FAMILIES FEEL SAFE.
AND WHAT COOPERATION AND RESPECT DEFINE OUR WORK TOGETHER.
IT IS IN YOUR SON JESUS NAME WE PRAY.
I PLEDGE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, AN INDIVIDUAL WITH LIBERTY AND JUSTICE.
JUSTICE, HONOR THE TEXAS FLAG.
UM, BEFORE WE GET STARTED TODAY, I WANT TO SHARE SOMETHING WITH YOU THAT I'VE PREPARED AND SPOKEN WITH STAFF AND COUNSEL ABOUT.
UM, SO I JUST WANNA BE REALLY CLEAR WITH THE WAY THAT WE'RE GONNA PROCEED.
THIS COUNCIL AND OUR CHAMBER OPERATES UNDER ESTABLISHED RULES OF CONDUCT.
THIS SET OF RULES WAS ADOPTED IN 2019.
THEY'RE PUBLICLY POSTED AND THEY ARE NOT OPTIONAL.
PUBLIC COMMENT IS WELCOME, BUT DISRUPTIVE BEHAVIOR IS NOT WELCOME.
THESE RULES ARE SUPPORTED BY THE TEXAS GOVERNMENT CODE AND BY THE PENAL CODE PROVISIONS THAT AUTHORIZE A PRESIDING OFFICER TO MAINTAIN ORDER AND ENSURE THAT THIS BODY CAN CONDUCT ITS BUSINESS WITHOUT DISRUPTION.
RECENT CONDUCT HAS INTERFERED WITH THAT RESPONSIBILITY EFFECTIVE IMMEDIATELY.
WE WILL BE ENFORCING THESE RULES AS WRITTEN TO RESTORE AND TO MAINTAIN ORDER IN THIS CHAMBER.
FAILURE TO COMPLY MAY RESULT IN REMOVAL AS ALLOWED BY LAW.
SO I'LL OUTLINE THOSE RULES, UM, OF PUBLIC PARTICIPATION FOR OUR CITY COUNCIL MEETING.
THESE RULES ARE POSTED IN AND OUTSIDE THE CHAMBER AND ONLINE AND THEY APPLY TO EVERYONE PRESENT IN THE ROOM.
UH, PUBLIC COMMENT CARDS HAVE BEEN MUST HAVE BEEN COMPLETED AND SUBMITTED BEFORE THE MEETING BEGAN AND WAS CALLED TO ORDER.
IF A COMMENT CARD WAS NOT SUBMITTED BEFORE THE MEETING, THE SPEAKER WILL NOT BE RECOGNIZED DURING THE PUBLIC COMMENT PERIOD, WHICH FOR THIS AGENDA IS ITEM NUMBER 24.
SPEAKERS MAY ADDRESS ONLY ITEMS THAT ARE NOT ON THE PRESENT AGENDA.
UH, COMMENTS ON ANY ITEM THAT IS ON THE AGENDA ARE NOT PERMITTED DURING THE PUBLIC COMMENT.
IF YOU WISH TO SPEAK ON AN AGENDA ITEM, YOU MUST HAVE SUBMITTED A REQUEST TO SPEAK CARD IDENTIFYING THE SPECIFIC AGENDA ITEM PRIOR TO THE MEETING BEING CALLED TO ORDER.
UM, A MEMBER OF THE PUBLIC WHO ADDRESSES THE COUNCIL SHALL FIRST BE ASKED TO STATE HIS OR HER FULL NAME AND ADDRESS.
WE WILL BE REQUESTING THAT AND IT HAS BEEN THE PRACTICE OF OUR COUNSEL TO REQUEST THAT FOR THE LAST SEVERAL DECADES.
UH, BUT WE WILL NOT BE ENFORCING THAT.
IF YOU CHOOSE NOT TO SHARE YOUR ADDRESS, THEN THAT IS YOUR PREROGATIVE.
PERSONAL ATTACKS, THREATS, ABUSIVE LANGUAGE AND DISRUPTIVE CONDUCT ARE NOT PERMITTED.
ONE WARNING WILL BE GIVEN AND IF THE BEHAVIOR CONTINUES, THE SPEAKER WILL BE SUBJECT TO REMOVAL.
PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER.
AN AUDIBLE SIGNAL WILL SOUND WHEN THE TIME EXPIRES.
AT THAT POINT, THE MI MICROPHONE WILL BE TURNED OFF AND THE MEETING WILL PROCEED.
THERE WILL BE NO YELLING OR DISRUPTION FROM THE AUDIENCE.
YELLING, SHOUTING OR SPEAKING OUT OF TURN WILL RESULT IN ONE WARNING AND A SECOND.
DISRUPTION WILL RESULT IN IMMEDIATE REMOVAL WITH NO REENTRY.
TEXAS PENAL CODE SECTION 42 0 5 DISRUPTION OF A MEETING IS POSTED INSIDE AND OUTSIDE THIS CHAMBER.
AND IT READS AS FOLLOWS, A PERSON COMMITS AN OFFENSE IF WITH THE INTENT TO PREVENT OR DISRUPT A LAWFUL MEETING PER SESSION OR GATHERING, WHETHER IN PERSON OR VIRTUALLY THE PERSON OBSTRUCTS OR INTERFERES WITH THE MEETING PER SESSION OR GATHERING BY PHYSICAL ACTION, BY VERBAL UTTERANCE OR BY ELECTRONIC DISPER DISTURBANCE, INCLUDING HACKING OF ANY VIRTUAL COMPONENT OF THE MEETING PER SESSION OR GATHERING AN OFFENSE.
UNDER THIS SECTION IS A CLASS B MISDEMEANOR.
FAILURE TO FOLLOW THESE RULES OR THE MAYOR'S DIRECTION TO MAINTAIN ORDER WILL RESULT IN REMOVAL.
IF YOU ARE REMOVED, YOU WILL NOT BE ALLOWED REENTRY INTO THAT DAY'S MEETING.
THESE RULES EXIST TO ENSURE FAIRNESS, SAFETY, AND THE ORDERLY CONDUCT OF TODAY'S BUSINESS.
SO WE THANK YOU FOR YOUR COOPERATION AND WE'RE GONNA
[00:05:01]
GO AHEAD AND PROCEED WITH OUR AGENDA.[CONSENT AGENDA]
I DO WANT TO BEGIN WITH THE CONSENT AGENDA.WE HAVE A FEW DIFFERENT REQUESTS TO SPEAK CARDS, SO I WANNA MAKE SURE THAT I PULL THOSE ITEMS FIRST.
I WANTED TO PULL ITEM 10 AND 13.
DO YOU HAVE ANYTHING YOU'D LIKE TO PULL? COUNCILMAN STUBBS? UH, ITEMS NINE AND 11.
COUNCILMAN LADD? NO, I DO NOT.
SO I HAVE PULLED ITEMS 9, 10, 11 AND 13.
MARCIA, DO YOU HAVE THOSE? YES.
SO WITH THOSE ITEMS PULLED FOR FURTHER DISCUSSION AND CONSIDERATION, WE WILL GO AHEAD AND PROCEED TO VOTE ON THE REMAINING ITEMS OF THE CONSENT AGENDA.
DO WE HAVE A MOTION? MOTION TO APPROVE? WE HAVE A MOTION FROM COUNCIL MEMBER HOLDER AND A SECOND FROM COUNCILMAN NORMAN.
WE DON'T SEEM TO HAVE ANY OPPORTUNITY HERE TO VOTE.
HOW WOULD YOU LIKE TO VOTE, PLEASE? ALL IN FAVOR, AYE.
ANY OPPOSED? THE MOTION CARRIES SIX TO ZERO.
WE WILL GO FORWARD WITH ITEM NUMBER NINE.
WE ARE GOING TO NOT TAKE THAT ITEM UP.
WE'RE NOT GOING TO DISCUSS IT.
UM, AND WE WILL HAVE SOME FURTHER CONSIDERATION AND BRING THAT BACK FOR A FUTURE
[10. 005-2026 - MOTION AUTHORIZING THE EXECUTION OF AMENDMENT NO. 14 TO THE PROFESSIONAL SERVICES AGREEMENT DATED MARCH 23, 2021, BETWEEN THE CITY OF MIDLAND, TEXAS AND PARKHILL, SMITH & COOPER, INC. DBA PARKHILL; SAID AMENDMENT PROVIDING THE FOLLOWING APPROPRIATIONS FROM THE AIRPORT OPERATING FUND UNAPPROPRIATED FUND BALANCE: (1) $763,076.00 TO THE DESIGN PHASE OF THE REHABILITATE AIR CARRIER TAXIWAYS ASPHALT PAVEMENT PROJECT AT MIDLAND INTERNATIONAL AIR & SPACEPORT; (2) $170,755.00 TO THE SPACEPORT BUSINESS PARK ENVIRONMENTAL PROJECT (900111); AND (3) $100,000.00 TO THE MAF PASSENGER FACILITY CHARGE APPLICATIONS AND AMENDMENTS AT MIDLAND INTERNATIONAL AIR & SPACEPORT (DISTRICT: 4) (AIRPORTS) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)]
DATE.SO WE WILL MOVE FORWARD TO ITEM NUMBER 10.
UM, AS A MOTION AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 14 TO THE PROFESSIONAL SERVICES AGREEMENT DATED MARCH 23RD, 2021 BETWEEN THE CITY OF MIDLAND, TEXAS AND PARK HILL, SMITH AND COOPER, INCORPORATED, DBA PARKHILL SET AMENDMENT PROVIDING THE FOLLOWING APPROPRIATIONS FROM THE AIRPORT OPERATING FUND UNAPPROPRIATED FUND BALANCE OF $763,076 TO THE DESIGN PHASE OF THE REHABILITATION AIR CARRIER TAXIWAYS ASPHALT PAVEMENT PROJECT AT MIDLAND INTERNATIONAL AIR AND SPACEPORT $170,755 TO THE SPACEPORT BUSINESS PARK ENVIRONMENTAL PROJECT AND, UM, A HUNDRED THOUSAND DOLLARS TO THE MAF PASSENGER FACILITY CHARGE APPLICATIONS AND AMENDMENTS AT MIDLAND INTERNATIONAL AIR.
AND SPACEPORT, IS THAT NUMBER NINE? NUMBER 10? NUMBER 10.
UH, ANYTIME THAT WE SEE A DOLLAR AMOUNT THAT LARGE, UM, LIKE TO BE ABLE TO PULL IT AND, AND HAVE SOME UNDERSTANDING BEHIND BASICALLY KIND OF HOW THIS CONTRACT WORKS, UM, AND WHAT THE LENGTH OF THE CONTRACT IS.
UM, AND, AND BASICALLY WITH THIS BEING RENEWAL AND THEN ALSO SOME OF THE FAA REQUIREMENTS AND WHAT FAA IS PARTICULARLY COVERING ON THIS PROJECT.
SO ARE WE TALKING ABOUT THE TAX AWAY? UH, YES.
THE, THE PRIMARY ONE THAT I, THE BIGGEST ONE I WAS CONCERNED ABOUT WAS THE $763,000 PROJECT.
THAT IS A PROJECT THAT IT, THAT IS IN OUR CIP FOR THE FA AND THE LAST FEW YEARS THEY'VE HAD DISCRETIONARY MONEY AVAILABLE AT THE END OF THE YEAR.
SO IF YOU HAVE A PROJECT THAT'S ON THE SHELF READY TO GO, THEN YOU HAVE A CHANCE FOR THAT DISCRETIONARY MONEY.
SO THIS ALLOWS US TO GET THIS PROJECT DESIGNED SO IT'S READY SHOULD ANY DISCRETIONARY MONEY BECOME AVAILABLE.
IF IT DOES NOT, IT'S STILL IN OUR CIP AND WE'LL BE A REIMBURSED AT 90%.
THE MONEY, THE 10%, THE CITY'S 10% COMES OUTTA THE AIRPORT FUND, WHICH IS FINANCED BY USER FEES AND PEOPLE WHO USE USE THE AIRPORT.
SO THERE'S NO TAXPAYER MONEY INVOLVED.
NOW, WELL THANK YOU VERY MUCH.
THAT'S JUST WHAT I WANTED TO CLARIFY.
NOW, AS FAR AS THE LENGTH OF THE CONTRACT, UH, WITH PARK HILL, SMITH AND COOPER, HOW MUCH LONGER DO WE HAVE LEFT ON THAT PARTICULAR CONTRACT? 'CAUSE IT'S A FIVE YEAR CONTRACT, IS THAT CORRECT? IT WAS A FIVE YEAR CONTRACT, YES.
AND, AND SO WE WILL GO OUT FOR UM, RF QS IN APRIL.
SO IT'S COMING TO, THIS IS THE LAST YEAR OF THAT PARTICULAR CONTRACT? YES.
NO, THANK YOU VERY MUCH FOR EXPLAINING.
DO YOU HAVE ANY OTHER FURTHER QUESTIONS FROM COUNCIL MEMBERS FOR STAFF? OKAY, WELL I DO HAVE A REQUEST TO SPEAK FROM STANLEY SMITH TO COME FORWARD AND MAKE PUBLIC COMMENT ON ITEM NUMBER 10.
[00:10:01]
SIR, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.THIS IS A LITTLE BIRD MY SADDLE BECAUSE NUMBER ONE IS, IS PARK HILL.
SMITH AND COOPER'S BEEN TOTALLY INVOLVED WITH MISD FROM THE DESIGN OF THEIR SCHOOLS.
WHAT DID THEY MISS? WELL, THE CITY OF TAX RAY'S GONNA PAY PAYING A DRAINAGE FEE BECAUSE THAT ENGINEERING FIRM DIDN'T TAKE CARE OF THEIR BUSINESS.
THE OTHER THING IS, IS YOU GOT AN ENGINEERING FIRM THAT WAS OVERSEEING THAT PROJECT AND UH, THEY HAD A PIPELINE STRIKE BACK.
THEY HAD A PIPELINE STRIKE BACK IN FEBRUARY OF 25.
THEY HAD THE GROUNDBREAKING CEREMONY AT THE HIGH SCHOOL.
NEW HIGH SCHOOL LEFT THERE ON RANCHLAND IN AUGUST OF 25, I MEAN IN JULY OF 25.
IN AUGUST OF 25, THE SCHOOL MISD FOUND OUT ABOUT THE PIPELINE STRIKE.
IT DIDN'T COST PARKS, PARK HILL, SMITH AND COOPER OR ANYTHING, BUT IT COST COURTNEY SMITH'S JOB.
SO WE GOT A COMPANY HERE THAT'S TOO BIG TO FAIL AND ENGINEERS WHEN YOU WORK, I WORKED IN THE OIL FIELD.
WHEN YOU HAVE SOMEBODY DO ENGINEERING, THEY COVER IT TO FOUR DECIMAL PLACES.
I DON'T THINK PARK HILL DOES THAT.
AND SO THIS DRAINAGE FEE THAT WE'RE DEALING WITH IS ALSO TO ME THE FAULT OF PARK HILL, SMITH AND COOPER BECAUSE THEY DESIGNED THE WHOLE DANE PROJECT.
AND HERE WE ARE GETTING STUCK WITH THIS.
AGAIN, THE PIPELINES ARE BEING MOVED.
THEY WERE IN CHARGE OF THE OVER OVERSEEING THAT WHOLE PROJECT.
SO WE'RE SITTING HERE POINTING FINGERS AT MISD IN THE CITY AND WE GOT A COMPANY THAT WE'RE EMPLOYING THAT MAKES MISTAKES AFTER MISTAKE AND WE KEEP COVERING UP FOR IT.
THEY'RE GONNA MAKE 3% OF $1.4 BILLION, WHICH IS ABOUT 42 MILLION.
WHAT'S COMING OUTTA THEIR POCKET? NO, IT'S NOT COMING OUTTA THEIR POCKET.
ALRIGHT, DO WE HAVE ANY OTHER, OTHER QUESTIONS FROM COUNCIL MEMBERS OR COMMENTS? OKAY, THEN I WILL LOOK FOR ACTION FROM COUNCIL ON ITEM NUMBER 10, THE MOTION FROM COUNCILMAN BERKHOLDER.
DO WE HAVE A SECOND? WE HAVE A SECOND FROM COUNCILMAN NORMAN.
WILL WE BE ABLE TO MOVE FORWARD WITH THE VOTE FROM OUR COMPUTERS? OKAY, LET'S GO AHEAD AND DO A VERBAL VOTE AGAIN AND WE'LL SEE IF WE CAN GET THE COMPUTER SYSTEM WORKED OUT.
ANY OPPOSED? THE MOTION CARRIES UNANIMOUSLY.
[11. 2026-014 - RESOLUTION APPROVING THE ISSUANCE OF PERMITS TO FIREBIRD ENERGY II, LLC TO DRILL THREE OIL AND GAS WELLS LOCATED IN SECTION 6, BLOCK X, H.P. HILLIARD SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED 635 FEET SOUTH OF MOCKINGBIRD LANE AND BETWEEN 1,470 FEET AND 1,510 FEET EAST OF HOLIDAY HILL ROAD); AND PROVIDING THAT SAID PERMITS DO NOT REQUIRE A NEW ROAD REPAIR AGREEMENT BUT SHALL BE CONSOLIDATED UNDER AN EXISTING ROAD REPAIR AGREEMENT (DISTRICT: 1) (DEVELOPMENT SERVICES - OIL AND GAS) (SET THE STANDARD FOR A SAFE AND SECURE CITY)]
FORWARD TO ITEM NUMBER 11 AND COUNCILWOMAN BURKES IS GONNA ADDRESS THIS.ALL RIGHT, SO ON ITEM 11, UM, JUST SO YOU'RE AWARE, THE MAYOR DOES NOT HAVE A LEGAL CONFLICT, BUT SHE HAS CHOSEN TO RECUSE HERSELF FROM THIS ITEM.
A RESOLUTION APPROVING ISSUANCE OF PERMITS TO FIREBIRD ENERGY TWO LLC TO DRILL THREE OIL AND GAS WELLS LOCATED IN SECTION SIX BLOCKS.
XHP HILLIARD SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS.
GENERALLY LOCATED 635 FEET SOUTH OF MOCKINGBIRD LANE IN BETWEEN 1,470 FEET AND 1,510 FEET EAST OF HOLIDAY HILL ROAD.
AND PROVIDING THAT SAID PERMITS DO NOT REQUIRE A NEW ROAD REPAIR AGREEMENT, BUT SHALL BE CONSOLIDATED UNDER AN EXISTING ROAD REPAIR AGREEMENT.
COUNCILMAN STUBBS, I BELIEVE YOU PULLED THIS ITEM.
I JUST PULLED THIS SO THE AMERICAN STEP OUT.
ALRIGHT, IS THERE ANY FURTHER DISCUSSION OR ANY QUESTIONS ON THIS ITEM? I DO HAVE A SPEAKER, SPEAKER CARD FOR MR. GREG HUGHES.
I WAS TOLD JUST TO FILL THAT OUT IN CASE ANYBODY NEEDED ANY QUESTIONS ANSWERED OR ANYTHING.
DOES ANYONE HAVE ANY QUESTIONS? DOES NO.
ALRIGHT THEN I'LL GO AHEAD AND ENTERTAIN A MOTION FOR APPROVAL.
MOTION TO APPROVE COUNCIL MEMBER CALDER MOTION, SECOND POOL.
SECOND BY COUNCIL MEMBER POOLE, DO WE NEED TO STILL DO A YES.
[13. 007-2026 - MOTION AUTHORIZING THE EXECUTION OF A RENTAL AGREEMENT WITH THE TALL CITY BLACK GOLD MINOR LEAGUE FOOTBALL CLUB FOR THE USE OF ASTOUND BROADBAND STADIUM AND THE AUXILIARY FIELDS AT THE SCHARBAUER SPORTS COMPLEX (DISTRICT: 4) (PARKS & RECREATION) (QUALITY OF LIFE AND PLACE)]
WE WILL MOVE FORWARD TO ITEM NUMBER 13, A MOTION AUTHORIZING THE EXECUTION OF A RENTAL AGREEMENT WITH THE TALL CITY BLACK GOLD MINOR LEAGUE FOOTBALL CLUB FOR THE USE OF ASTOUND BROADBAND STADIUM IN AUXILIARY FIELDS AT THE SCARBOROUGH SPORTS COMPLEX IN DISTRICT FOUR.WELL, YEAH, AND, AND I PULLED THIS PARTICULAR ITEM.
I KNOW MR. NORMAN HAS TO STEP OUT.
SO, UM, THIS IS REGARDING HIS TEAM THAT, UH, UH, SEMI-PROFESSIONAL TEAM THAT THEY'RE BRINGING INTO MIDLAND.
AND SO BASICALLY I WANTED TO PULL THIS OFF.
UH, I WANTED TO MAKE SURE THAT THIS CONTRACT WAS THE SAME AND NO DIFFERENT THAN ANY OTHER CONTRACT THAT WE WOULD SEE OUT THERE AT THE STADIUM.
UH, YOU KNOW, JUST PUT IT OUT THERE.
I THINK PEOPLE ALWAYS HAVE CONCERN ANYTIME THAT, THAT THERE'S A COUNCIL MEMBER THAT'S PARTICULARLY INVOLVED WITH SOMETHING.
UM, WE DON'T EVER WANT TO HAVE ANY TYPE OF
[00:15:01]
FAVORITISM.IT'S NOT OKAY TO HAVE ANY OF THOSE THINGS AND WE JUST WANNA DOUBLE CHECK AND MAKE SURE THAT THIS CONTRACT IS, UM, IS THE SAME AS WHAT WE WOULD SEE WITH ANY OTHER CONTRACT GOING OUT THERE.
UM, GOOD MORNING, MAYOR COUNSEL.
THIS CONTRACT IS A RENTAL AGREEMENT.
THERE IS AN AMENDMENT TO THAT STANDARD.
IT IS OUR STANDARD RENTAL AGREEMENT, BUT THERE IS AN AMENDMENT JUST TO COVER THE LENGTH OF THE, UH, NUMBER OF GAMES THAT THEY WILL BE HAVING THERE THIS YEAR.
AND SO OTHER THAN THAT, IT'S BASICALLY THE SAME, SAME AGREEMENT THAT WE USE FOR EVERY RENTAL.
AND, AND WE ARE BRINGING IN REVENUE THAT, THAT WE DON'T HAVE ANYTHING GOING ON DURING THIS TIME.
IT'S JUST A RENTAL WHAT'S AVAILABLE? YES.
SO THEY'LL HAVE TO MAKE DATES THAT ARE AVAILABLE AND WE'RE NOT MAKING ANY SPECIAL EXCEPTION FOR THAT.
ANY OTHER QUESTIONS FROM OTHER COUNCIL MEMBERS? ALL RIGHT, THANK YOU VERY MUCH.
IF THERE'S NO FURTHER DISCUSSION FROM COUNCIL, THEN I'LL LOOK FOR YOUR ACTION.
WE HAVE A MOTION FROM COUNCIL MEMBER BURKO.
WE HAVE A SECOND FROM COUNCILWOMAN POOL.
IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.
THINK WE SHOULD BE UP AND GOING.
DON'T FORGET YOU'VE GOT A CLICK SAVE.
COUNCIL MEMBER AMY S STRETCHER, BUR TODAY PRESENT AND COUNCIL MEMBER NORMAN, HE'S AB ABSTAINED.
ALRIGHT, THE MOTION CARRIES SIX TO ZERO.
WE WILL MOVE FORWARD TO SECOND READINGS.
[15. 10708 - AN ORDINANCE AMENDING TITLE XI, “PLANNING AND DEVELOPMENT”, CHAPTER 13, “MUNICIPAL DRAINAGE UTILITY” OF THE CITY CODE OF MIDLAND, TEXAS, SO AS (1) TO REVISE THE EXEMPTIONS TO THE DRAINAGE CHARGE AND (2) TO REVISE THE DRAINAGE CHARGE; PROVIDING FOR CRIMINAL ENFORCEMENT AND A MAXIMUM PENALTY OR FINE OF FIVE HUNDRED DOLLARS ($500.00); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE OF FEBRUARY 1, 2026; AND ORDERING PUBLICATION (FIRST READING HELD JANUARY 13, 2026) (DISTRICT: ALL) (ENGINEERING SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]
15, PLEASE.IN ORDINANCE MANY TITLE 11, PLANNING AND DEVELOPMENT CHAPTER 13, MUNICIPAL DRAINAGE UTILITY OF THE CITY CODE OF MIDLAND, TEXAS.
SO AS TO ONE, TO REVISE THE EXEMPTIONS TO THE DRAINAGE CHARGE AND TWO, TO REVISE THE DRAINAGE CHARGE PROVIDING FOR CRIMINAL ENFORCEMENT AND A MAXIMUM PENALTY OR FINE OF $500 CONTAINING A CUMULATIVE CLAUSE CONTAINING SAVINGS AND SEVERABILITY CLAUSE, ESTABLISHING AN EFFECTIVE DATE OF FEBRUARY 1ST, 2026.
AND ORDERING PUBLICATION MAYOR AND COUNSEL IN RESPONSE TO COMMENTS WE RECEIVED IN THE FIRST MEETING, UH, REGARDING THESE FEES, STAFF'S REPAIRED A BRIEF PRESENTATION TO KIND OF GO OVER THE HISTORY OF DRAINAGE FEES, THE NEEDS, AND ALSO WE'LL PROVIDE KIND OF WHAT WE'VE USED THE FEES FOR AND ALSO TALK ABOUT BACKLOGS AND FUTURE PROJECTS THAT THE FEES WILL BE MOVING OR GOING TOWARDS, UH, IF PASSED TODAY.
YEAH, SO WE PROVIDED A VERY BRIEF PRESENTATION DECEMBER 16TH, BUT WANTED TO PROVIDE ANOTHER BRIEF PRESENTATION THAT JUST GOES INTO A LITTLE MORE DETAIL.
SO, UM, DRAINAGE FEES AND WHAT WE HAVE PLANNED IS ALIGNED WITH OUR STRATEGIC GOAL TO STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE.
REALLY THIS IS AN EFFORT TO KEEP UP WITH GROWTH RESPONSIBLY AND ADDRESS BACKLOGGED AND NEGLECTED WORK.
SO REALLY THIS, THIS SLIDE WAS INCLUDED LAST TIME, BUT REALLY JUST WANNA HIGHLIGHT THAT THIS HAS BEEN A 30 YEAR CONVERSATION.
ALSO WANNA HIGHLIGHT THE DOLLAR AMOUNTS ON THIS SLIDE THAT EVEN DATING BACK TO 2007, UM, STAFF PRESENTED TO MAYOR AND COUNCIL, A $73 MILLION PLAN AND THAT WAS IN $2,007.
THERE'S BEEN DIFFERENT ITERATIONS OF THAT SAME PRESENTATION REALLY THROUGHOUT THE YEARS, HIGHLIGHTING A VERY HIGH DOLLAR AMOUNT OF BACKLOGGED WORK AND NEEDED INFRASTRUCTURE IMPROVEMENTS.
SO REALLY JUST WANT TO EMPHASIZE THE IMAGE ON THE RIGHT.
UM, THAT IS STORM DRAIN PIPE THAT DOES NOT HAVE A BOTTOM, THAT IS THE CONDITION OF OUR DRAINAGE INFRASTRUCTURE FOR A LARGE PART OF THE CITY.
UM, YOU KNOW, ONE OF THE PROJECTS WHERE WE REMOVED SOME OF THE FAILED STORM DRAIN PIPE WAS AT MIFF AND GOLF COURSE.
WE HAD THAT INTERSECTION CLOSED FOR ABOUT A SIX MONTH PERIOD AND WE USED DRAINAGE FEES TO HELP FUND THAT PROJECT.
OVER THE YEARS, SINCE THIS WAS IMPLEMENTED IN 2017, WE'VE COLLECTED A TOTAL OF $17.3 MILLION.
THAT'S ABOUT $2 MILLION ANNUALLY.
WANNA HIGHLIGHT THAT THAT CURRENT FUND BALANCE REALLY STICKS AROUND ABOUT A MILLION DOLLARS.
WE USE THOSE DOLLARS FOR PROJECTS.
UH, YOU CAN SEE SOME OF THE PROJECTS WE USED IT FOR HERE, IT'S JUST SIMPLY NOT ENOUGH TO KEEP UP WITH GROWTH AND OUR BACKLOG NEEDS.
SO THE CONSEQUENCES OF NEGLECT WANNA POINT OUT THE MAP ON THE RIGHT'S.
VERY DIFFICULT TO SEE, BUT WE'VE HAD 13 SINK CO DEVELOPS SINK COS DEVELOPED OVER THE YEARS, OVER ABOUT A 15 YEAR PERIOD AS A RESULT OF FAILED STORM DRAIN PIPE.
ABOUT $18 MILLION IS NEEDED TO REPLACE THAT FAILED PIPE.
A LOT OF IT IS CORRUGATED METAL PIPE THAT WAS INSTALLED IN THE SEVENTIES, AND SO THAT PIPE DESPERATELY NEEDS TO BE REPLACED.
[00:20:01]
AND GOLF COURSE.THAT PIPE HAS BEEN REMOVED AND REPLACED AS PART OF THE BOND PROJECT, AS HAS THE CAR, AS HAS THE CAR
SO THIS IS A $60 MILLION LIST OF REALLY BACKLOGGED OR NEGLECTED DRAINAGE PROJECTS.
THESE INCLUDE DRAW IMPROVEMENTS, BUT THESE ARE MUCH NEEDED IMPROVEMENTS, UM, THROUGHOUT THE CITY.
A LOT OF THESE ARE ALIGNED WITH A 1996, A 30-YEAR-OLD DRAINAGE MASTER PLAN.
UH, THEY SIMPLY JUST HAVEN'T BEEN IMPLEMENTED OR DONE BECAUSE OF LACK OF FUNDING.
UM, WANNA TALK ABOUT OUR ROADWAYS AND THE WAY THEY FUNCTION.
THAT'S A LITTLE BIT DIFFERENT THAN OTHER CITIES THROUGHOUT THE STATE.
WE HAVE ABOUT 670 MILES OF ROADWAY.
WE HAVE ABOUT 70 MILES OF STORM DRAIN PIPE.
WE'RE OFTEN ASKED, WHY DON'T WE INSTALL MORE STORM DRAIN PIPE? AND WE CAN'T.
OFTENTIMES WHEN WE LOOK AT DESIGNING ROADWAY PROJECTS IN LOCATIONS WHERE WE WANT TO INSTALL STORM DRAIN PIPE, IT'S A CHALLENGE BECAUSE OF OUR FLAT TOPOGRAPHY TO GET WATER TO DRAIN IN UNDERGROUND PIPE TO THE NEXT ADJACENT CHANNEL DRAW BASIN.
BECAUSE THE ELEVATION DOESN'T WORK, OFTENTIMES THE FLOW LINE OF OUR STORM DRAIN PIPE WILL BE LOWER THAN THE NEXT BASIN OR DRAW.
SO WHAT THAT MEANS A HUNDRED PERCENT OF THE TIME IS THE SURFACE OF THAT ROADWAY IS BECOMES PART OF OUR STORM DRAIN INFRASTRUCTURE.
WE SIMPLY HAVE NO PEAKS IN VALLEYS.
SO IT'S A REAL CHALLENGE HERE.
SO THESE PROJECTS, A LOT OF THEM LISTED HERE, IT'S, THIS IS $75 MILLION WORTH OF PROJECTS.
A LOT OF THESE LISTED HERE WILL COME BACK LOGGED IF NOT FUNDED, BUT THERE'S A LOT OF DRAW IMPROVEMENTS THERE.
YOU CAN SEE, UH, A PROJECT TO REPLACE THE CO CORRUGATED METAL PIPE THROUGHOUT THE CITY IS ABOUT $18 MILLION.
UM, THERE'S A PLAN THERE TO ADDRESS OUR INVERTED ROADWAYS, BUT THESE ARE VERY EXPENSIVE PROJECTS.
SO OVER A 10 YEAR PERIOD, WE'VE IDENTIFIED $135 MILLION WORTH OF NEEDS.
AS OUR CITY CONTINUES TO GROW, THESE NEEDS ARE ACCELERATED.
SO A LOT OF THESE PROJECTS ARE REALLY NEEDED TO AVOID MORE BACKLOG WORK AND TO ADDRESS CURRENT GROWTH, UH, THIS IS SIMPLY A HEAT MAP THAT MAYBE YOU SEEN BEFORE THAT SHOWS BUILDING PERMIT DENSITY AND YOU CAN SEE WHERE THE CITY IS GROWING.
SO REALISTICALLY, IF YOU LOOK FURTHER ALONG, 200 MILLION OR 200 MILLION IS REALLY NEEDED OVER A 20 YEAR PERIOD TO ADDRESS OUR STREET AND DRAINAGE INFRASTRUCTURE.
AND SO THESE ARE THE CURRENT RATES WITH THE PROPOSED RATE SIDE BY SIDE.
KEEP IN MIND, EVEN WITH THE CURRENT RATES OR WITH THE PROPOSED RATES, WE WILL STILL NEED A BLENDED FUNDING SOURCE.
WE'VE IDENTIFIED ABOUT $7.3 MILLION WORTH OF REVENUE FROM THE PROPOSED RATES, BUT WE'VE ALSO IDENTIFIED A 200,000,020 YEAR PLAN.
AND THAT'S THE SHORT PRESENTATION.
THANK YOU FOR THE PRESENTATION AND THE CLARITY HEARING AND COUNCIL.
WHAT I'D LIKE TO ADD IS THAT THE NEGLECT IS STARTING TO CATCH UP.
I KNOW THAT COUNCIL PUT A PLAN TOGETHER AND THAT STRATEGIC PLAN CALLED FOR AN, AN ALIGNMENT OF STAFF WITH THE CITY COUNCIL AND, AND Y'ALL'S VISION, SOME OF THAT HAS INCLUDED THE WORK THAT'S BEEN DONE ON TODD ROAD IN THE 1980S THAT WAS ANNEXED THAT NORTHEAST PART OF THE, OF THE CITY BECAUSE THE CITY DID DO SOME PLANNING AND DID PARTNER WITH THE MDC.
THEY PAID FOR A PLAN FOR TODD ROAD TO GET COMPLETED.
'CAUSE WE'RE DOING THAT WORK AHEAD OF TIME.
WE'RE SAVING $2 MILLION TO GET THAT UNDERGROUND PIPE COMPLETED, BUT ALSO WE'RE CONNECTING AND CONNECTING THAT NEIGHBORHOOD OR THAT THAT DEVELOPMENT TO WATER.
AND THAT'S A 50-YEAR-OLD PROBLEM.
THE PENSION ISSUE THAT Y'ALL HAVE SOLVED, THAT SAVED TAXPAYERS OVER $60 MILLION.
THAT THAT WAS A 20 PLUS YEAR OLD PROBLEM THAT HAPPENED IN 2000 3 0 4.
IF YOU RECALL, WE WERE PRESENTING THAT TO YOU HERE IN THE HISTORY OF THAT ISSUE.
AND WHEN THAT STARTED GOING SOUTH, UH, IN PAYMENT COSTS AT THE AIRPORT, THAT'S, THAT ALSO WAS IN THE 2003, 2004 TIMEFRAME.
AND THAT CAUSED THE GENERAL FUND TO PROVIDE A SUBSIDY OF A MILLION DOLLARS TO THE AIRPORT OVER SEVERAL YEARS.
UH, THAT WAS PROPERTY TAX DOLLARS THAT WAS PAYING FOR THAT AND SUBSIDIZING THAT, WE'RE NOT DOING THAT ANYMORE.
AND THEN YOU SAW TODAY THE DRAINAGE AND THE PROBLEM THAT EXISTED IN 1996 WHEN IT WAS BROUGHT FORTH TO THE COUNCIL.
THAT WAS 'CAUSE IN THE LATE SIXTIES, EARLY SEVENTIES, THE DRAINAGE WAS PUT IN PLACE, THE CORRUGATED CORRUGATED METAL PIPE THAT, UH, HE MENTIONED TODAY.
AND IN 1996, IT WAS TIME FOR THAT TO BE REPLACED.
THAT HAS WORSENED AND CONTINUES TO WORSEN.
AND IT'S EXACERBATED BY THE FACT THAT WE HAVE CONTINUED GROWTH IN MIDLAND.
OUR STREETS ARE PART OF THE DRAINAGE SYSTEM AND OTHER CITIES THEY ARE NOT.
UH, AND OTHER CITIES LIKE LUBBOCK, AS AN EXAMPLE, HAVE PLY LAKES.
UH, BUT IN, IN OUR SYSTEM, AND I'LL LET JOSE AND CARL SPEAK MORE TO THAT, THEY'RE BOTH, UH, UH, LICENSED CIVIL ENGINEERS AND THEY'VE, THEY'RE THE ONES THAT HAVE BRIEFED THAT ITEM THAT THE STREETS ARE A PART OF THE DRAINAGE, UH, SYSTEM IN, IN MIDLAND, TEXAS.
SO WITH THAT, WE, WE WERE ABLE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE UNLESS YOU HAVE ANY ADDITIONAL COMMENTS.
TO TOMMY'S POINT, WHEN WE LOOK AT
[00:25:01]
SUBDIVISIONS BEING DEVELOPED, THE, THE ROADWAY NETWORK AND THE RIGHT OF WAY IS ACTUALLY USED TO CONVEY OUR, OUR DRAINAGE.SO YES, THE ROAD IS IN PLACE, BUT ALSO FROM CURB TO CURB THAT IS ACTUALLY USED TO MANAGE OUR DRAINAGE TO GO TO, TO CERTAIN RETENTION BASINS THROUGHOUT THE, THE REGION.
UH, TO GABE'S POINT THOUGH, WE DON'T HAVE THE LUXURY OF TERRAIN HERE.
SO MANY OTHER JURISDICTIONS HAVE A LOT MORE TERRAIN.
SO YOU CAN ACTUALLY HAVE REGIONAL BASINS.
SO A LOT OF EVERYTHING THAT'S, THAT TAKES OFF FROM OUR ROOFTOPS HAVE TO BE CONVEYED ON OUR STREET SYSTEM.
AND SO THAT'S THE REASON WHY IN THIS SITUATION, MANY OF OUR PROJECTS DO IN FACT INCLUDE THAT WE TALK ABOUT THE $35 MILLION NEED FOR ON AN ANNUAL BASIS FOR OUR ROADS.
THIS IS, LIKE GABE MENTIONED, A BLENDED APPROACH TO DOING THAT.
SO INSTEAD OF HAVING TO TRY TO FIND $35 MILLION, THE DRAINAGE FEES WILL ACTUALLY HELP OFFSET SOME OF THOSE COSTS ON AN ANNUAL BASIS TO PUT IN THE SYSTEMS NEEDED TO MAINTAIN OUR DRAINAGE SYSTEM.
ANY QUESTIONS FROM COUNCIL MEMBERS? YOU KNOW, ONE OF THE BIGGEST CONCERNS, UM, THAT I HAD THAT I, THAT I'VE HEARD IS, IS THAT MAKING SURE THAT THESE DOLLARS ARE ALLOCATED APPROPRIATELY.
SO IF, IF WE'RE, YOU KNOW, IF THIS IS A FEE, A FEE CAN ONLY BE USED, UM, FOR CERTAIN CATEGORIES FOR WHATEVER THAT FEE IS ASSOCIATED WITH.
SO AS FAR AS STAFF, WHAT ARE WE DOING TO ENSURE THAT WE HAVE FULL TRANSPARENCY ON MAKING SURE THAT THOSE DOLLARS ARE BEING APPROPRIATED PROPERLY TO THE PROJECTS THAT WE'RE SAYING THAT THEY'RE GOING TO? YES SIR.
HISTORICALLY WHAT WE'VE DONE IS WE'VE BEEN ABLE TO KIND OF DIFFERENTIATE, OKAY, WHAT IS BEING USED FOR DRAINAGE, WHAT IS BEING USED FOR ROADWAY, WHAT IS BEING USED FOR WATER AND SEWER? YOU'LL FIND IN SOME OF OUR PROJECTS AND, AND WE'LL USE THE MID K AND GOLF COURSE INTERSECTION AS AS AN EXAMPLE.
I THINK A LOT OF FOLKS KIND OF REMEMBER THAT DURING COVID THAT INTERSECTION WAS SHUT DOWN FOR SIX MONTHS.
AND SO WE HAD TO COME UP WITH A BLENDED APPROACH TO HOW WE FUNDED THAT PROJECT.
THERE WAS STORM DRAIN INVOLVED THERE, SO WE DID USE STORM, UH, STORM DRAIN DOLLARS FOR THAT.
WE ALSO USED UTILITY DOLLARS FOR THE WATER AND SEWER AND THEN THE ROADWAY, WE HAD STREET IMPROVEMENT FUNDS STILL AVAILABLE AT THAT TIME.
SO YOU'RE GONNA SEE THAT AS OUR PATTERN MOVING FORWARD.
WE'RE GONNA LOOK AT EACH PROJECT INDIVIDUALLY AND SEE, OKAY, WHAT PROPORTION OF THIS PROJECT IS GOING TO ALLOW US TO USE DRAINAGE FEES AND THEN WHAT OTHER THE FUNDING SOURCES ARE OUT THERE.
SO, UH, TO ENSURE THAT WE DO THAT, OUR ENGINEERS WILL MAKE SURE THAT THE FUNDS ARE BEING USED APPROPRIATELY.
CHRISTIE, IF YOU'D ALSO LIKE TO CLARIFY ANYTHING ELSE, UM, WELL JUST TO CLARIFY, UH, THE ACCOUNTING IS ALSO SET UP TO KEEP IT VERY SEGREGATED.
SO THE DRAINAGE FEE HAS ITS OWN FUND AND THE REVENUES ARE COLLECTED THERE AND THEN USED SPECIFICALLY FOR THAT PURPOSE.
SO JUST THE ACCOUNTING ITSELF IS SET UP TO SEGREGATE THE USAGE.
YEAH, SO, AND, AND AS AN EXAMPLE OF WHAT WE'RE TALKING ABOUT HERE WITH THE GOLF COURSE AND MID KF, WE NEEDED ADDITIONAL FUNDS TO BE ABLE TO GET THAT PROJECT DONE.
THE DRAINAGE FUNDS WENT FIRST, BUT THEN WE HAD TO FIND ADDITIONAL FUNDS WITH OUR GENERAL FUND AND WITH OTHER FUNDS TO BE ABLE TO COVER THE FULL COST OF THAT.
I WOULD JUST LIKE TO CLARIFY, THAT'S ALSO AUDITED IN PUBLIC EVERY YEAR OF HOW THOSE FUNDS MOVE AND ARE DOCUMENTED.
COUNCIL ACTION IN 2018 ESTABLISHED, THERE WERE A COUPLE OF THINGS THAT HAPPENED.
RATES WERE ESTABLISHED, BUT THERE WAS A SEPARATE ITEM THAT ACTUALLY ESTABLISHED A STORMWATER UTILITY FUND.
SO IT'S A SEPARATE FUND, JUST LIKE A WATER AND SEWER ENTERPRISE FUND WHERE ACCOUNTING IS DONE TO KEEP UP AND TRACK REVENUE AND EXPENSES.
KEEP ON, ON CLARIFICATION FOR A LOT OF THE STREETS IN QUESTION HAVING TO DO WITH THE NEW SCHOOLS.
UM, IN MY DISCUSSIONS WITH LEGAL, I JUST WANTED TO POINT OUT AND CLARIFY AND FOR THE PUBLIC TO HEAR, YOU KNOW, THERE, AS COUNCIL MEMBER HOLDER SAID, THERE'S A LOT OF QUESTION ABOUT CAN WE USE THESE FUNDS ON THESE ROADS AND BECAUSE THEY ARE DRAINAGE OUR DRAINAGE SYSTEM WE CAN, BUT, BUT MORE SPECIFICALLY, THESE FUNDS WILL ONLY BE USED FOR CURB AND GUTTER AND THE, THE MECHANISMS OF THE STREETS THAT ACTUALLY ACT AS DRAINAGE FEATURES.
IT'S NOT JUST BASIC ASPHALTING AND THINGS OF THAT NATURE.
SO CURB AND GUTTER IS PART OF IT.
OBVIOUSLY THAT'S THE, THE BIGGEST COMPONENT.
BUT WHEN YOU LOOK AT THE HEIGHT OF THE, OF THE CURB AND GUTTER, IT'S ACTUALLY A CERTAIN HEIGHT TO ALLOW US TO USE SOME OF THE ROADWAY ITSELF.
SO A PORTION OF THE ROADWAY IS GONNA BE ELIGIBLE FOR DRAINAGE FEES AND THAT'S WHERE WE'RE GONNA LOOK AT VERY CLOSELY AND MAKE SURE THAT WE WE'RE IN COMPLIANCE.
NOW AGAIN, BECAUSE WE HAVE THE AGREEMENT, THERE'S GONNA BE AN OFFSET.
SO WHATEVER PERCENTAGE OF THAT COST OF THE OVERALL PROJECT, WE WILL LOOK AND SEE WHAT IS APPROPRIATE FOR DRAINAGE FEES.
OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? YOU KNOW, UM, I THINK THIS, THIS REALLY REACHES A POINT WHERE IT'S A FINE BALANCE BETWEEN, UH, NEED AND, AND RELIEF FOR CITIZENS WHO NEED RELIEF.
YOU KNOW, IT'S ONE OF THE THINGS DURING THE FIRST, UH, CONVERSATION WE HAD ABOUT THIS, UM, I HAD AN AMENDMENT FOR US TO BE ABLE TO COME BACK AND REVIEW THESE ONCE, UM, STAFF SAID THAT THEY COULD HAVE AN AUDIT COMPLETED.
IT TAKES A WHILE TO DO AN AUDIT.
'CAUSE THERE'S A LOT OF PEOPLE, A LOT OF, A LOT OF DIFFERENT DATA TO GO THROUGH TO MAKE SURE THAT IT'S RIGHT.
SO, BUT I'M GONNA TELL YOU A HUNDRED PERCENT THAT WE ARE COMMITTED TO BRINGING THAT BACK AND APPLYING ANY OF THOSE AUDITS THAT WE FIND IN THE CURRENT DRAINAGE SYSTEM THAT'S NOT BEING APPLIED
[00:30:01]
AS OF NOW.UH, AS WELL AS OTHER POTENTIAL MECHANISMS THAT MAKE SENSE.
UH, THE OTHER THING THAT, UH, STAFF AND I HAVE TALKED ABOUT IS POTENTIALLY FINDING SOME TYPE OF RELIEF FOR ELDERLY OR DISABLED, UH, THINGS OF THAT SORT.
AND SO THAT'S SOMETHING THAT WE'LL BE CONTINUING TO LOOK AT AS WELL WHEN THEY BRING THIS BACK.
BUT THIS IS SOMETHING THAT WILL COME BACK.
UH, THIS IS SOMETHING THAT WE'RE, WE CAN BALANCE THAT NEED WITH THE RELIEF THAT WE NEED TO GIVE PEOPLE AS WELL.
WE'RE GONNA FIND THE BEST POSSIBLE SOLUTION, UM, AS WE COME BACK WITH THESE AUDITS.
ALRIGHT, WITH THAT, WE DO HAVE A FEW REQUESTS TO SPEAK CARDS.
SO I WANT TO START BY CALLING, UH, HECTOR VARUS TO COME FORWARD AND MAKE PUBLIC COMMENT.
IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.
I SEND A COPY OF, UH, THE, UH, TERMS AND CONDITIONS OF THE ATTORNEY GENERAL AS TO HOW WE ARE SUPPOSED TO ACT IN, UH, THE POSITION OF THE FUNDS.
AND SO IF I MAY HAVE MS. SANDY READ IT SO THAT WE CAN CLARIFY, AND I THINK MS. POOLE DID A A GOOD JOB AT AS, AS FAR AS BRINGING WHERE THE FUNDS ARE GONNA BE USED.
THERE'S NO QUESTION THAT IT NEEDS WORK.
THERE'S NO QUESTION THAT WE NEED THE MONEY FOR.
IT'S THE ILLEGALITY IN HOW WE APPROACH THIS TO GET THE FUNDS AND IF PENALIZING AND PUTTING THE BURDEN ON THE TAXPAYERS, THAT'S THE ONLY WAY THEN THIS IS WHAT WE OPPOSE BECAUSE I KNOW THERE'S OTHER WAYS, OTHER REVENUES AND OTHER, UH, CORPORATE INVESTORS, EVEN THE OIL.
WE FOUND A BIG CESSPOOL OF OIL IN THE AIRPORT, TAX THEM.
LET'S FIND OTHER WAYS WITHOUT HAVING TO PUT THE BURDEN ON THE TAXPAYERS.
AND, AND THIS IS ALL WE ARE COMING FOR FORTH IN MAKING SURE THAT THE FUNDS THAT ARE ALLOCATED AND YOU WANT TO USE FOR THE DRAIN IS SPECIFICALLY FOR THAT PURPOSE AND ONLY THAT PURPOSE AND NONE OTHER, UH, YOU FILLED OUT A REQUEST TO SPEAK CARD, SO YOU MAY READ WHAT YOU'RE REQUESTING TO SPEAK, BUT SHE HAS NOT FILLED OUT A REQUEST TO SPEAK CARD.
WE WILL BE FOLLOWING THE RULES AS THEY'VE BEEN DELINEATED.
SO WE CAN FILL OUT A REQUEST TO SPEAK CARD PRIOR TO THE MEETING, BUT YOU DIDN'T HAVE TO GIVE THE PUBLIC ON A ICE ROAD BASIS.
YOU, YOU MAY NOT ADDRESS THIS PUBLICLY UNLESS YOU FILLED OUT A REQUEST TO SPEAK CARD.
OKAY, WELL I'M MORE THAN WELCOME TO FILL ONE OUT RIGHT NOW.
OKAY, GOING BACK TO THIS, AND THIS IS THE ONLY REASON THAT, UH, IT WAS PRETTY LONG AND I WAS GONNA HAVE HER DO IT.
UH, THERE IS THE LEGAL MATTERS IN THIS AS FAR AS HOW WE APPROACHED IT AND DISGUISING A DRAIN, A DISGUISED, A DRAIN MANDATORY FEE AS OPPOSED TO VOLUNTARY WATER FEE.
THERE'S ONE IN THE OTHER WHETHER TO CLARIFY IT, IS IT A DRAIN FEE THAT YOU'RE ASKING ON THE 18 MILLION FOR SPECIFICALLY THAT AND NO OTHER PROJECT? BECAUSE IF IT IS, THEN WE'RE APPROPRIATING THE FUNDS IN A, IN A, UH, WRONG WAY.
AND SO AS WE ARE RIGHT NOW, AND I LIKE THE PRESENTATION THAT IT GIVE AND I UNDERSTAND THAT BEING IN CONSTRUCTION, I KNOW THAT THERE'S NO QUESTION ABOUT IT, BUT ALSO I UNDERSTAND THERE'S LEGALITY OF IT AND HOW WE GO ABOUT GETTING THE FUNDS IS, IS VERY IMPORTANT NOT ONLY TO ME, BUT TO THE TAXPAYERS OF MIDLAND, TEXAS.
I HAVE PROPERTY AND, AND SO TO ME, I WOULD HAVE TO PASS IT ON TO THEM.
AND I ALREADY SENT A MEMO STATING THAT THEIR TAXES, IF THIS PASSES THE TAXES ARE GOING TO, UH, THEIR RENT IS GONNA GO UP HIGH.
UH, MR. LAD HAS A CLIENT THAT RENTS FROM ME AND HE'S ALREADY SAYING, HEY, I CAN'T AFFORD IT.
WELL I HATE TO PUT YOU OUT IN THE STREET.
SO I HAVE TO MAKE THOSE DECISIONS BASED UPON DO I CARE ABOUT THE PEOPLE OF MIDLAND OR DO I ONLY CARE ABOUT MYSELF AND THE MONEY THAT I'M GONNA BE MAKING? AND, AND LET'S MAKE IT VERY CLEAR, GOVERNMENT IS SPENDING MONEY I OF OUT OF PROPORTION AND WE MUST UNDERSTAND AND I WILL MAKE IT CLEAR.
PLEASE CONCLUDE YOUR REAL, THERE'S NO SUCH THING AS MONEY, GOVERNMENT MONEY.
IT'S TAX PAYING PEOPLE'S MONEY.
AT THIS TIME, I'D LIKE TO CALL, UH, MR. SMITH TO COME FORWARD AND MAKE PUBLIC COMMENT.
WELCOME SIR, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.
BRANDON SMITH, 49 0 3 GRANITE LANE, MAYOR, MEMBERS
[00:35:01]
OF CITY COUNCIL AND MY FELLOW MIDLANDERS.PICTURE THIS, YOU OPEN YOUR UTILITY BILL NEXT MONTH, FEBRUARY THE FIRST.
AND SEE A 145% JUMP IN YOUR DRAINAGE FEE STARING BACK AT YOU.
FOR MANY FAMILIES HERE IN MIDLAND, THAT IS NOT JUST AN EXTRA FEW DOLLARS.
IT'S A DIFFERENCE BETWEEN GROCERIES ON THE TABLE AND MEDICINE IN THE CABINET OR MAKING RENT ON TIME.
IT'S MONEY TAKEN FROM HARDWORKING PEOPLE, RETIREES ON FIXED INCOME, SINGLE PARENTS JUGGLING JOBS.
YOUNG FAMILIES ALREADY STRETCHED THIN BY RISING COST AND FUNNELED INTO PROJECTS THAT HAVE LITTLE TO DO WITH KEEPING RAIN OFF OUR STREETS.
THIS ISN'T A FAIR FEE FOR A SERVICE YOU CHOOSE BENEFIT FROM DIRECTLY.
IT'S A MANDATORY TAX IN DISGUISE IMPOSED WITHOUT YOUR VOTE, WITHOUT YOUR CONSENT.
A TRUE FEE IS VOLUNTARY, TIED TO A SPECIFIC BENEFIT YOU RECEIVE AND USED ONLY FOR THAT PURPOSE.
BUT THIS INCREASE, IT'S COMPULSORY SLAPPED ONTO YOUR WATER BILL EVER.
WHETHER YOU LIKE IT OR NOT, IT'S BASED ON PROPERTY SIZE AND IMPERVIOUS COVER, NOT ON HOW MUCH RUNOFF YOU ACTUALLY CREATE OR HOW MUCH DIRECT SERVICE YOU GET.
AND WORST OF ALL, THE HUGE CHUNK 13.6 MILLION IS BEING DIVERTED TO PAY FOR MI SDS INFRASTRUCTURE AND ROAD WIDENING AROUND THE NEW HIGH SCHOOLS AND OTHER GENERAL PUBLIC WORKS THAT SHOULD HAVE BEEN COVERED BY THE DISTRICT'S OWN BOND VOTERS APPROVED IN 2023.
WE WERE TOLD THE BOND WOULD HANDLE SCHOOL NEEDS.
NOW THE CITY IS BAILING THEM OUT ON OUR BACKS.
THAT'S NOT RIGHT, THAT'S NOT TRANSPARENT.
THAT'S TAXATION WITH THAT REPRESENTATION.
EXACTLY WHAT TEXANS HAVE FOUGHT AGAINST FOR GENERATIONS UNDER TEXAS.
LOCAL GOVERNMENT CODE 5 5 2 DRAINAGE FEES MUST BE MUST FUND THE COST OF SERVICE FOR STORM WATER MANAGEMENT, MAINTAINING DRAINAGE, PREVENTING FLOODS IN OUR NEIGHBORHOODS, NOT SUBSIDIZING SCHOOL PROJECTS OR CITY CONTRACTS THAT WEREN'T PUT TO EVOKE.
WHEN FUNDS ARE SIPHONED OFF LIKE THIS, THE FEE IS LEGAL FEE LOSE THE FEE LOSES ITS LEGAL CHARACTER AS A USER FEE AND BECOMES AN ILLEGAL TAX.
COURTS IN TEXAS HAVE STRUCK DOWN SIMILAR SCHEMES FROM MONEY WONDERS FROM ITS PROMISE PURPOSE.
LOOK AT THE ONGOING BATTLES IN HOUSTON OVER REBUILD HOUSTON FEES MIDLANDS APPROACH AND INVITES THE SCRUTINY AND POTENTIAL INVAL INVALIDATION.
IMAGINE PLANNING YOUR KIDS WHETHER IT'S LESS FOR CHRISTMAS THIS YEAR OR WHY MOM HAS TO SKIP A DOCTOR'S VISIT.
THIS HITS THE HARDEST TO THOSE WHO LEAST CAN AFFORD IT.
OUR SENIORS, OUR VETERANS ESSENTIAL WORKERS.
WE'RE NOT ASKING FOR HANDOUTS, WE'RE DEMANDING FAIRNESS.
IF THE COUNCIL TRULY BELIEVES THIS IS NECESSARY, PUT IT TO THE VOTERS.
THIS, LET THE PEOPLE OF MIDLAND DECIDE, NOT SIX COUNCIL MEMBERS IN A UNANIMOUS VOTE THAT IGNORED THE OUTCRY OF PUBLIC FEELINGS.
THIS ISN'T ABOUT OPPOSING BETTER DRAINAGE OR SOFT SAFER SCHOOLS.
YOU WERE GIVEN REVERSE THE INCREASE OR AT THE VERY LEAST SUBMIT IT TO A PUBLIC VOTE.
IF YOU DON'T, RESIDENTS LIKE ME HAVE NO CHOICE BUT TO CHALLENGE IT IN COURT AS AN ULTRA VIRUS ACT.
EXCEED YOUR AUTHORITY, VIOLATE YOUR RIGHTS, MIDLAND, BUT DESERVES BETTER.
DON'T TAKE OUR HARD-EARNED MONEY WITHOUT ASKING.
UM, CAN I GET STAFF TO PUT THE RATE FEE, UM, CHART BACK UP THERE JUST SO THAT WE CAN ALL SEE IT RIGHT THERE SO THAT WE CAN HAVE THE ACTUAL NUMBERS IN FRONT OF US? I WANNA BE CLEAR FOR THE RECORD AND FOR THOSE IN THE ROOM THAT THESE ARE THE REAL DOLLARS THAT ARE PART OF THE INCREASE.
SO IT'S THE, THE SMALLEST RESIDENTIAL TIER GOES FROM $1 AND 20 CENTS WITH THIS INCREASE TO $2 AND 94 CENTS.
THAT IS THE, THE TOTAL AMOUNT OF INCREASE THAT WILL BE ON THE MONTHLY BILL.
UM, THE HIGHEST RESIDENTIAL TIER WOULD GO FROM $3 AND 40 CENTS TO $8 AND 33 CENTS.
SO I JUST WANT US TO BE TALKING IN REAL DOLLARS AND MAKE SURE THAT THAT'S CLARIFIED FOR THE PUBLIC MAYOR.
IF I MAY ALSO CLARIFY THE ACTUAL AMOUNT RELATED TO THE INFRASTRUCTURE RELATED TO THESE TWO SCHOOLS TO TOTAL OF $28.5 MILLION, THE SCHOOL BASED ON OUR CODE OF ORDINANCES WAS ONLY REQUIRED TO PUT IN 4 MILLION.
WE WERE ABLE TO NEGOTIATE THAT UP TO $9.5 MILLION THAT THEY PUT TOWARDS THE PROJECT.
$9.4 MILLION THAT THEY PUT TOWARDS THE PROJECT.
UH, THAT TOOK IT TO 18.5 AND THEN FROM THAT 1.5, UH, WAS USED OUT OF THE WATER FUND AND THEN 3 MILLION FROM THE GENERAL FUND, WHICH WERE THE PERMIT FEES THAT THEY PAID INTO THE, THE, THE USE OF, OF THE, THE CONSTRUCTION OF THESE, THESE FACILITIES THAT THEY'LL BE PAYING.
SO IT TOOK IT DOWN TO 13.5 MILLION AND THAT'S WHAT WE'RE TALKING ABOUT TODAY IS 13.5 MILLION THAT WILL BE PAID FOR WITH THESE FEES OVER THE NEXT THREE YEARS.
THE THE THREE PAYMENTS ARE DUE IN JANUARY OF 20 27, 20 28, AND 2029.
ALL IN SUCCESSIVE YEARS IN, IN THAT, UM, THE MONTH OF JANUARY.
AT THIS TIME I'D LIKE TO CALL, UM, AND I'M SORRY IF I MISPRONOUNCED YOUR NAME.
ADELA EOS WELCOME MA'AM, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.
[00:40:01]
EAST HAMBY AVENUE.I'M JUST HERE TO SAY THAT I'M AGAINST THIS AS A CITIZEN OF MIDLAND.
I THINK WE'VE BEEN OVER TAX AND UH, I WOULD LIKE TO RETIRE SOMEDAY AND I DON'T SEE IT COMING SOON.
MY HEALTH IS GETTING WORSE THAN RETIREMENT COMING SOON BECAUSE I CONTINUE HAVE TO, TO WORK FOR MEDICATIONS AND TO HAVE INSURANCE AND I JUST DON'T THINK THIS IS THE TIME FOR THIS TO BE GOING ON.
UH, I UNDERSTAND THAT A LOT OF PEOPLE IN THE COMMUNITY DO NOT KNOW ABOUT THIS.
I'VE BEEN TALKING TO SOME PEOPLE THAT HAVE NOT HEARD NOTHING ABOUT THIS COMING ON.
I THINK WE NEED TO EDUCATE EVERYBODY AND I THINK THIS ROOM WOULD BE A LOT MORE FULL IF EVERYBODY KNEW OUT THERE.
UM, I'M SORRY I WASN'T ABLE TO COME TO THE LAST MEETING, BUT, UH, I JUST WANTED TO SAY THAT I'M AGAINST THIS AND I KNOW THAT SOMEWHERE SOMEONE FAILED THE BUCKET AND NOW WE'RE GONNA PUT A BANDAID AND CHARGE THE TAXPAYERS ON THAT.
ALRIGHT, THAT CONCLUDES OUR REQUEST TO SPEAK ON THIS ITEM.
DO WE HAVE ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? I WAS CURIOUS WHAT THE, WHAT ATTORNEY GENERAL OPINION YOU WERE REFERENCING, SIR.
UM, HE, IT WAS EMAILED TO US, UM OKAY.
DID DID YOU GET AN EMAIL FROM ME OR I I'M SURE I, I DIDN'T, I WOULDN'T IN Y OFFICE YESTERDAY.
SO WE CAN MAKE SURE THAT WE, YOU RECEIVE THAT EMAIL THOUGH.
IS THERE ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? I HAD SOMETHING, UM, YOU KNOW, I CAN'T ADEQUATELY CONVEY THE NUMBER OF HOURS SPENT DISCUSSING THIS ISSUE AND REVIEWING IT IN DETAIL WITH THE COMMUNITY, WITH NEIGHBORS, WITH UM, AND SPEAKING WITH CONSTITUENTS, NEIGHBORS IN A RESPECTFUL WAY AFTER THE LAST VOTE HAS ALLOWED FOR MANY PRODUCTIVE CONVERSATIONS ON BOTH SIDES.
LOOKING AT THIS ISSUE ENTIRELY AND EVEN LOOKING INTO AMENDMENT OPTIONS, IT SEEMS LIKE THE BEST PATH FORWARD IS TO BRING THIS ITEM BACK IN 12 MONTHS AND LOOK AT IT AND MAKE EVERY EFFORT TO REDUCE IT.
WE HAVE CHALLENGED STAFF AND MY INTENT IS TO REDUCE THE FEE.
I ALSO WOULD LIKE TO HAVE CONVERSATIONS WITH OUR STATE REPRESENTATIVES TO LOOK INTO AGE RELATED EXEMPTIONS AS WELL.
AND I THINK WE CAN ABSOLUTELY DO THAT.
SO AS IT WAS PASSED IN THE FIRST READING LAST IN OUR LAST MEETING WAS TO INCLUDE A REVIEW IN 12 TO 18 MONTHS TO HAVE AN AUDIT OF THE RECEIPTS OF THIS, BUT ALSO THE UTILITY OF IT AND THEN MAKE SOME CONSIDERATIONS AND BRING IT BACK FOR ACTION FROM COUNCIL AT THAT TIME IF WARRANTED.
SO I THINK, I THINK THAT THERE IS A CONSISTENT DESIRE TO SEE THAT DONE AMONG ALL OF US.
I JUST WANTED TO MAKE, UM, A COUPLE OF COMMENTS BECAUSE I WASN'T AT THE, THE LAST MEETING WHERE THE FIRST VOTE TOOK PLACE.
UM, I'VE TRIED TO REACH OUT TO EVERYONE THAT EMAILED ME FROM THAT MEETING.
AND THEN TODAY'S MEETING, UM, JUST, JUST TO KIND OF JUSTIFY MY VOTE TODAY OR JUST TO GIVE SOME BACKGROUND, UM, JUST FOR THE SAKE OF CONSISTENCY AND PRINCIPLE, I'LL BE VOTING NO AGAINST THIS.
I WAS VOCAL, UM, FROM THE START WITH THE AGREEMENT WITH MISD AND JUST THE FACT THAT THAT THAT AGREEMENT IS WHAT IS EXPEDITING THIS.
I'VE HAD CONVERSATIONS WITH CITY MANAGEMENT THAT IF THIS HAD COME TO US AND YOU SAW THE PRESENTATION TODAY ABOUT THE NEED FOR OUR INFRASTRUCTURE TO BE, TO BE UPDATED AND TO FUNCTION PROPERLY, UM, AND THAT'S, THAT'S NO SURPRISE WE HAVE A LOT OF DEFERRED MAINTENANCE AND IF THAT CONVERSATION HAD STARTED IN A WAY TO WHERE THIS IS WHAT, THIS IS WHAT WE HAVE ON HAND AND WE NEED TO DO A GRADUAL FEE INCREASE TO PAY FOR THOSE PROJECTS, THAT'S ONE STORY.
BUT, BUT THAT'S NOT ACTUALLY THE STORY THAT WE HAVE BEFORE US.
WE DO HAVE, UM, A SCHOOL BOND THAT IS, THAT IS REQUIRING US TO EXPEDITE THINGS AND OVER THE NEXT THREE YEARS, A REALLY GOOD CHUNK OF THAT MONEY IS GONNA GO TO, TO THOSE PROJECTS IN PARTICULAR.
AND SO WHETHER IT'S THROUGH A BOND, WHETHER IT'S THROUGH A TAX, WHETHER IT'S THROUGH A FEE, UM, THAT'S, THAT'S ANOTHER EXPENSE ON THE BACK OF TAXPAYERS AND AS I'VE SAID BEFORE, IT, IT'S A FORM OF DOUBLE DIPPING AND I CAN'T SUPPORT IT.
ANY OTHER COMMENTS FOR FROM COUNCIL? ALRIGHT, SEEING NONE, I WILL LOOK FOR ACTION FROM COUNCIL MEMBERS.
WE DO, WE HAVE A MOTION? WE HAVE A MOTION FROM COUNCILMAN NORMAN, WE HAVE A SECOND FROM COUNCILMAN LAD.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
I THE MOTION CARRIES SIX TO ONE.
[16. 10712 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 3, BLOCK 45, FAIRMONT PARK ADDITION, SECTION 13, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WEST LOOP 250 NORTH, APPROXIMATELY 450 FEET SOUTH OF HENRY KOONTZ BOULEVARD), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A MOVIE THEATER FOR ON-PREMISES CONSUMPTION; MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (FIRST READING HELD JANUARY 13, 2026) (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
THANK YOU.[00:45:01]
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND GRANITE PACIFIC USE DESIGNATION WITH TERM FOR LOT THREE BLOCK 45 FAIRMONT PARK EDITION SECTION 13 CITY, COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED ON THE EAST SIDE OF WEST LOOP.TWO 50 NORTH APPROXIMATELY 450 FEET SOUTH OF HENRY C***S BOULEVARD, WHICH IS PRESENTLY ZONED OUR, OUR REGIONAL RETAIL DISTRICT.
ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A MOVIE THEATER FOR ON-PREMISES CONSUMPTION, MAKING SAID DESIGNATIONS SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINED CUMULATIVE CLAUSE CONTAINING SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 IN ORDERING PUBLICATION.
THIS IS OUR SECOND READING, SO WE HAVE ALREADY DELIBERATED ON THESE SO IF THERE'S NO FURTHER DELIBERATION FROM COUNCIL, WE'LL LOOK FOR YOUR ACTION.
WE HAVE A MOTION FROM COUNCIL MEMBER BUR HOLDER.
I'LL SECOND WE HAVE A SECOND FROM COUNCILMAN STUBBS.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[17. 10713 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 4A, BLOCK 2, WESTRIDGE PARK ADDITION, SECTION 34, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF NORTH LOOP 250 WEST, APPROXIMATELY 720 FEET SOUTH OF ANDREWS HIGHWAY), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A HOTEL FOR ON-PREMISES CONSUMPTION; MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (FIRST READING HELD JANUARY 13, 2026) (DISTRICT: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
17 IN ORDINANCE AMENDING THIS ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT FOUR A BLOCK TWO WESTRIDGE PARK ADDITION SECTION 34 SITTING COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED ON THE WEST SIDE OF NORTH LOOP TWO 50 WEST APPROXIMATELY 720 FEET SOUTH OF ANDREWS HIGHWAY, WHICH IS PRESENTLY ZONED ARE OUR REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A HOTEL ON PREMISES CONSUMPTION, MAKING SAID DESIGNATION, SUBJECT, CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HERE.END CONTAIN ACCUMULATIVE CLAUSE CONTAINING SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR MAXIMUM PENALTY OR FINE OF $2,000 IN ORDERING PUBLICATION.
DO WE HAVE ANY ACTION FROM COUNSEL OR DISCUSSION FROM COUNSEL ON THIS? NO.
OKAY, THEN I'LL LOOK FOR YOUR ACTION.
WE HAVE A MOTION FROM COUNCIL MEMBER CALDER.
WE HAVE A SECOND FROM COUNCIL MEMBER BURS.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[18. 10714 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 4, BLOCK 23, CRESTGATE ADDITION, SECTION 18, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF TIMBER COURT, APPROXIMATELY 240 FEET NORTH OF OAKRIDGE DRIVE), BY PERMITTING (1) A REDUCED MINIMUM REAR YARD SETBACK AND (2) A REDUCED MINIMUM SIDE YARD SETBACK ON THE NORTHWEST SIDE OF SAID LOT; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (FIRST READING HELD JANUARY 13, 2026) (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
18 PLEASE.AND ORDINANCE SCREENING A SPECIAL EXCEPTION FOR LOT FOUR BLOCK 23 PRESCA EDITION, SECTION 18.
CITY, COUNTY OF MIDLAND, TEXAS.
GENERALLY LOCATED ON THE EAST SIDE OF TIMBER COURT, APPROXIMATELY 240 FEET NORTH OF OAK RIDGE DRIVE BY PERMITTING.
ONE A REDUCED MINIMUM REAR YARD SETBACK AND TWO, A REDUCED MINIMUM SIDE YARD SETBACK ON THE NORTHWEST SIDE OF SAID LOT CONTAIN CUMULATIVE CLAUSE CONTAINING SEVEN AND SEVERAL ABILITY CLAUSE PROVIDING FOR MAXIMUM PENALTY OR FINE OF $2,000 ORDERING, LIQUIDATION BY THE CITY SECRETARY AND THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION.
DO WE HAVE ANY DISCUSSION FROM COUNCIL? NO.
THEN I'LL LOOK FOR YOUR ACTION.
WE HAVE A MOTION FROM COUNCILMAN STUBBS.
WE HAVE A SECOND FROM COUNCILMAN HOLDER.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[19. 009-2026 - REVIEW ORDINANCE NO. 10633, WHICH GRANTED A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 13, BLOCK 61, ORIGINAL TOWN ADDITION, SECTION 25, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST WALL STREET AND SOUTH CARRIZO STREET) ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A BAR FOR ON- PREMISES CONSUMPTION. THE CITY COUNCIL MAY TAKE ACTION TO DIRECT CITY STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE SPECIFIC USE DESIGNATION WITH TERM OR TO REPEAL ORDINANCE NO. 10633 (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
ITEM NUMBER 19.WE WILL, AND THIS IS PUBLIC HEARINGS.
UH, WE WILL REVIEW ORDINANCE 1 0 6 3 3, WHICH GRANTED A SPECIAL USE, A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 13 BLOCK 61 ORIGINAL TOWN EDITION SECTION 25, CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST WALL STREET AND SOUTH CARRIZO STREET.
ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALCOHOLIC BEVERAGES IN A BAR FOR ON-PREMISE CONSUMPTION.
THE CITY COUNCIL MAY TAKE ACTION TO DIRECT CITY STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE SPECIFIC USE DESIGNATION WITH TERM OR TO REPEAL THE ORDINANCE NUMBER 1 0 6 3 3.
YES, AS YOU MENTIONED, THIS IS THE SEVEN MONTH REVIEW FOR DOUBLE BAR SALOON.
SO JUST AS A REMINDER, UH, THIS WAS BA APPROVED BACK IN JUNE 10TH, 2025 AND UM, IT ALLOWED, UM, IT ALLOWED DOUBLE BAR TO HAVE THEIR SUD SORRY, SEE IT SAYS HOT SHOTS THERE.
UM, IT DID INCLUDE THE CONDITIONS SIMILAR TO HOT SHOTS WHERE UM, IT HAD THE SECURITY GUARDS, UH, REQUIRED TO BE PRESENT BETWEEN 9:00 PM 2:00 AM ON FRIDAY AND SATURDAY.
UM, AND IT DID REQUIRE THE COUNSEL TO REVIEW WITHIN SEVEN MONTHS.
IT DID NOT HOWEVER, UM, HAVE THE 60 DAY REVIEW AND IT DIDN'T EVER GO THROUGH ANY KIND OF AMENDMENT PROCESS.
SO JUST AS A REMINDER TOO THAT, UM, YOUR OPTIONS TODAY ARE EITHER TO DIRECT STAFF TO AMEND OR EVOKE THE SUD, UM, OR YOU CAN JUST NOT TAKE ACTION AND IN WHICH CASE IT'LL EXPIRE ON JUNE 10TH, 2027.
THEY HAVE PROVIDED DOCUMENTATION SHOWING THAT THEY'VE, UM, PROVIDED THE SECURITY GUARDS.
AND JUST TO SHOW YOU THE INCIDENCES
[00:50:01]
HERE, SO WE, WE UM, WE HAD ABOUT 25 INSTANCES BETWEEN THE PAST SEVEN MONTHS.UM, THAT GIVES US A MONTHLY AVERAGE OF 3.5 INCIDENCES PER MONTH.
AND, UM, COMPARED TO PREVIOUSLY THE FIRST HALF OF THE YEAR, UM, THAT GIVES US, UH, 40 INCIDENCES, UM, WITH A MONTHLY AVERAGE OF 5.7.
MOST OF THOSE INCIDENCES DID OCCUR ON FRIDAY AND SATURDAY, WHICH IS ARE THOSE DAYS THAT HAD THE, UH, SECURITY GUARDS.
UM, AND JUST TO GIVE YOU AN IDEA OF THE NATURE OF THE INCIDENCES, UH, WE HAD ABOUT FOUR ASSAULTS, UM, ONE KIDNAPPING BUR ONE BURGLARY VEHICLE, ONE STOLEN VEHICLE, AND THEN THE REST OF THEM ARE PRETTY STANDARD.
UM, JUST BEING THINGS LIKE WALKTHROUGH CHECK PERSON, THINGS LIKE THAT.
SO THAT BEING SAID, I'M HAPPY TO ANSWER ANY QUESTIONS.
DO WE HAVE ANY QUESTIONS FROM COUNCIL MEMBERS FOR STAFF? AND SO THE DOUBLE BAR CURRENTLY HAS SECURITY ON THE WEEKENDS, CORRECT? YES, ON FRIDAY AND SATURDAY.
AND YOU WERE TALKING ABOUT THE INCIDENTS THAT HAD HAPPENED THERE.
SO, UH, HOW MANY OF THOSE 25 INCIDENCES WERE, WERE MAYBE THERE WAS JUST A CALL THAT WAS IN THE PARTICULAR AREA OR THE DIRECTLY RELATED TO THE DOUBLE BAR? UM, I'M SORRY.
SO HOW MANY CALLS WERE NOT? UM, WELL WHAT WHAT WE'VE SEEN IS, IS THAT THERE'S POTENTIALLY SOMETIMES CALLS THAT BECAUSE IT'S WITHIN THE VICINITY OF THAT PARTICULAR ESTABLISHMENT, THAT IT'S AUTOMATICALLY ATTACHED TO THAT ESTABLISHMENT.
SO WITH THAT BEING SAID, I MEAN HOW MANY OF THOSE WERE DIRECTLY RELATED TO INCIDENTS AT THE DOUBLE BAR VERSUS UM, JUST CALLS OF SOMEBODY MAYBE DRIVING BY WITHIN THAT PARTICULAR AREA OR SOMETHING THAT WAS NOT PERTAINING TO THE BAR? I SEE WHAT YOU'RE SAYING.
SO WE WOULDN'T BE ABLE TO DISTINGUISH BETWEEN THOSE.
UM, THAT'S KINDA THE ISSUE WITH THOSE INCIDENT REPORTS IS IT'S HARD TO TELL WHETHER OR NOT THEY'RE DIRECTLY RELATED WITH THE BAR OR NOT OR IF THEY WERE JUST REPORTED, UM, AT THAT PROPERTY.
SO I CAN'T GIVE YOU THAT INFORMATION.
SO ONE OF THE THINGS THAT WE'VE TALKED ABOUT RELATED TO THESE IS THE CONSISTENCY WITH WHICH WE'RE ENFORCING AND, AND MAKING SURE THAT WE ARE BEING CONSISTENT ACROSS THE CITY.
UM, AND SO CAN YOU CLARIFY WHAT IS DISTINCT ABOUT THIS PROCESS HERE FROM SOME OF THE OTHERS AROUND THE CITY? CORRECT.
SO THIS PROCESS, UM, IS JUST, THIS IS OF COURSE JUST THE REVIEW FOR, UM, UM, CORRESPONDING TO THAT CONDITION THAT WAS, UM, REQUIRED BACK IN JUNE.
UM, MOST STDS DON'T HAVE THAT CONDITION.
THEY JUST HAVE CONDITIONS RELATED TO, UM, REGULATION OF SERVICEABLE AREA, THE HOURS, UM, GETTING CERTIFICATE OF OCCUPANCY, A CERTAIN AMOUNT OF TIME, THINGS LIKE THAT.
UM, BUT AS FAR AS THIS ONE GOES, ANY, THE ONLY ABNORMAL THINGS WERE JUST THE POLICE OFFICER REQUIREMENT.
AND, AND THOSE, UH, THAT SEVEN, SEVEN MONTH REVIEW, JUST, SORRY, JUST AS A REFRESHER, DID FOR THE, THE NEIGHBORING BAR, DID WE REQUIRE THEM TO HAVE THE SAME REQUIREMENTS FOR SECURITY THAT WE PASSED LAST, LAST MEETING? YES.
THE ONLY DIFFERENCE IS THEIRS GOES TO 1:45 AM THIS ONE GOES TO 2:00 AM BUT YES THEY ARE, THEY'RE THE SAME.
ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, THIS IS A PUBLIC HEARING.
WE DO HAVE TWO REQUESTS TO SPEAK.
FIRST I'LL CALL CARLY SMITH TO COME FORWARD AND MAKE PUBLIC COMMENT.
WELCOME MS. SMITH, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.
IT'S UH, CARLIN SMITH, UM, 1401 AINSLEY STREET.
I'M ONE OF THE OWNERS OF, UH, THE DOUBLE BAR SALOON.
I WANNA POINT OUT THE FACT THAT WE HAVE DONE EVERYTHING THAT Y'ALL HAVE ASKED OF US TO DO.
I MEAN, WE WERE, US AND HOT SHOTS WERE THE ONLY TWO BARS THAT HAD TO SHUT DOWN AND WE DID THAT.
YOU ASKED US TO AND WE SHUT DOWN FOR A MONTH.
THE MONTH BEFORE WAS LIKE $180,000 MONTH FOR US, WHICH IS REALLY A GOOD MONTH FOR US.
SO WE'VE HAD TO KIND OF COME BACK FROM THAT.
UH, WE'VE HAD SECURITY SINCE THE DAY THAT WE OPENED OUR DOORS.
WE WILL CONTINUE TO HAVE SECURITY EVEN IF YOU TAKE IT OFF OF OUR AMENDMENT.
CURRENTLY RIGHT NOW WE HAVE SECURITY EVERY TUESDAY THROUGH SATURDAY.
WE HAVE ONE ON TUESDAY, TWO ON WEDNESDAY, THURSDAY, AND THREE ON FRIDAYS.
AND SATURDAYS IF WE HAVE A BAND, WE HAVE FOUR 'CAUSE WE HAVE ONE THAT JUST STANDS THERE AND CHECKS IDS BECAUSE WE HAVE BEEN LUCKY, WE'VE BEEN BUSIER, WE HAVE BUILT BACK UP OUR CROWD.
BUT I MEAN, WE'VE NEVER BEEN CITED BY THE TUBC, WE'VE NEVER BEEN CITED BY THE POLICE.
I ACTUALLY HAVE MY UBER LIST WHERE SINCE JUNE, SINCE WE TALKED ABOUT THIS IN JUNE, I'VE SPENT $1,500 ON BUYING UBERS FOR PEOPLE.
I'VE SPENT $47,000 ON SECURITY IN THAT SAME TIME.
SO I MEAN, I FEEL LIKE WE HAVE GONE ABOVE AND BEYOND.
I MEAN, SAFETY IS OUR FIRST OR PRIORITY.
WE CLOSED THIS SATURDAY BECAUSE WE DIDN'T FEEL LIKE ALCOHOL AND ICY ROADS WAS A GOOD COMBINATION.
[00:55:02]
WE REALLY TAKE IT INTO ACCOUNT.WE THINK ABOUT IT EVERY TIME WE HAVE FIVE CERTIFIED SECURITY GUARDS ON STAFF THAT I PAID FOR THEIR SECURITY LICENSES.
AND I MEAN WE'VE JUST, WE'VE DONE EVERYTHING THAT I FEEL LIKE WE'VE DONE.
AND I KNOW LIKE ROCK AND RODEO WAS PASSED WITH ABSOLUTELY NO RESTRICTIONS.
AND THE LAST, WHEN WE WENT THROUGH THE FIRST PROCESS, THEY HAD OVER A HUNDRED CALLS MORE THAN ALL THREE OF US COMBINED.
UH, MEANING THE BAR HOTSHOTS AND DOUBLE BAR.
SO I DON'T UNDERSTAND HOW WE HAVE, IT FEELS LIKE BEEN SINGLED OUT IN THIS PROCESS.
AND BARS LIKE ROCK AND RODEO WITH JUST AS HIGH OF INCIDENTS ARE NOT HAVING TO GO THROUGH ANY OF THESE HOOPS.
AND WE'RE, YOU KNOW, AND ROCK AND RODEO IS OWNED BY GRAMS, WHICH IS A MEGA HUGE BUSINESS IN THE STATE OF TEXAS.
I MEAN, WE STARTED AS BARTENDERS WORKED OUR WAY UP.
SO WE'VE JUST, I MEAN, I, I DON'T KNOW WHAT ELSE I, I REALIZE THAT IT'S A BAR AND THAT'S A HIGH RISK ENVIRONMENT, BUT WE REALLY DO TRY TO DO EVERYTHING POSSIBLE TO MITIGATE THE ON SAFETY CIRCUMSTANCES.
SO THANK YOU VERY MUCH FOR YOUR COMMENTS.
AT THIS TIME I'D LIKE TO CALL TOM SAWYER TO COME FORWARD AND MAKE PUBLIC COMMENT.
OH, I WAS JUST HERE IN CASE YOU NEEDED OKAY.
UM, WE HAVE NO FURTHER REQUEST TO SPEAK, SO I WILL CLOSE THE PUBLIC COMMENT.
DO WE HAVE ANY FURTHER DISCUSSION AMONG COUNCIL? I MEAN, I JUST WANNA SAY THANK YOU FOR TAKING THOSE MEASURES.
UM, AND ESPECIALLY EVEN YOU TALKING ABOUT THE FACT THAT WHETHER WE TAKE IT OFF OR NOT, YOU'RE STILL GONNA DO THAT 'CAUSE YOU FEEL IT'S THE RIGHT THING TO DO.
SO, UM, I THINK IT'S IMPORTANT.
PUBLIC SAFETY IS NUMBER ONE AND SO I UNDERSTAND THAT YOU CAN'T ALWAYS MAKE PEOPLE ACT RIGHT.
UM, YOU KNOW, AND, AND SO I APPRECIATE THE STEPS THAT ARE, THAT ARE TAKEN ON THE SAFETY ASPECT OF THAT.
I'D LIKE TO REITERATE THAT TOO.
THE, THE STEPS Y I'VE TAKEN AND, AND WE SEE THE DIFFERENCE IN THE DATA AND WE SEE THE DIFFERENCE JUST IN PUBLIC PERCEPTION ALSO.
UM, SO I WANT TO SAY A GIGANTIC THANK YOU FOR DOING THE RIGHT THING.
AND, AND AGAIN, I THINK THAT'S WHAT IS GONNA MAKE OUR DOWNTOWN A MUCH BETTER PLACE FOR EVERYBODY AGAIN.
UM, SO, AND I ALSO, UM, WANNA ALSO AGREE THAT, YOU KNOW, WE NEED TO FIND A WAY TO BE MORE CONSISTENT WITH THESE.
UM, I THINK OUR, OUR ORDINANCES IN OUR SUD PROCESS IS JUST KIND OF ANNOTATED AT THIS POINT.
UM, AS MIDLAND GROWS, OUR POPULATION IS GETTING YOUNGER, UM, WE NEED TO KIND OF MAKE SURE WE TAKE THAT AND, AND MAKE SURE WE'RE UPDATING AND MAKING THESE KIND OF FAIR ACROSS THE BOARD.
UM, SO WITH THAT, I WOULD LIKE TO JUST KIND OF MAKE THE ONE AMENDMENT OF MAKING SURE THIS IS THE SAME AS THE NEIGHBORS AND JUST MAKING THAT, UM, CHANGE THAT FROM 2:00 AM TO 1 45.
UM, AND I ALSO KIND OF HOPE THAT HELPS WITH SECURITY AND HELPS WITH THE POLICE AND EVERYTHING AND MAKING SURE WE'RE DOING THE RIGHT THING FOR THOSE THAT COMMUNITY OF BUSINESSES THAT NEED TO WORK TOGETHER AND MAKE SURE WE'RE BEING SAFE WITH EVERYBODY.
SO I, I DO WANT TO SAY AND ADD A LITTLE BIT TO, UH, WHAT COUNCILMAN STUBBS SAID IS THAT, UH, WE DO WANNA BE CONSISTENT AND FAIR, BUT IT ALSO DOESN'T MEAN WE'RE NOT GONNA CALL OUT PEOPLE WHO ARE NOT, UH, NOT TRYING TO DO EVERYTHING THAT THEY CAN TO PROVIDE SAFETY.
I MEAN, I THINK IT'S IMPORTANT TO RECOGNIZE THAT, THAT WE, WE DO WANT TO OPERATE WITH CONSISTENCY.
UM, BUT SOMETIMES, UM, YOU, YOU HAVE TO HAVE SOME MUCH DEEPER CONVERSATIONS TO GET PEOPLE TO UNDERSTAND THAT THIS IS ABOUT A COMMUNITY, IT'S NOT ABOUT AN INDIVIDUAL, AND WE WANNA MAKE SURE THAT WE'RE COM KEEPING OUR COMMUNITY SAFE.
AND SOMETIMES WE HAVE TO NUDGE PEOPLE IN THAT DIRECTION A LITTLE BIT TO ENCOURAGE THEM TO JUST TO DO WHAT'S RIGHT.
SO, UH, AS, AS WE STAY MORE CONSISTENT, I GREATLY APPRECIATE THAT AND RECOGNIZE THAT AND, AND WE WILL DO THAT.
BUT AGAIN, I WANNA MAKE THAT CLEAR THAT THAT DOESN'T GIVE PEOPLE A FREE PASS FOR NOT DOING THE THINGS THAT THEY'RE SUPPOSED TO BE DOING.
SO HAVE, HAVE YOU MADE YOURS IN THE FORM OF A MOTION? YES.
DOES THAT REMOVE THE RE SECURITY REQUIREMENT THAT WE IMPOSED YOUR, WHAT YOU WERE PROPOSING? NO, I WOULD KEEP IT CONSISTENT WITH WHAT WE PASSED LAST TIME SO THAT SECURITY REQUIRE SHOTS.
WE ARE, WE'RE NOT GONNA SHOUT OUT, SO PLEASE DON'T SHOUT OUT.
UM, WE, SO LET'S BE CLEAR HERE WHAT WE'RE TALKING ABOUT THE, AS THIS IS COMING TO US, IF WE APPROVE IT AS IT'S WRITTEN, NICHOLAS, CAN YOU DELINEATE A A YES VOTE AS IT'S WRITTEN IN OUR PACKET, WHAT THAT MEANS, A NO VOTE, WHAT THAT DOES, AND THEN ANY PARTICULAR AMENDMENTS? WELL, WE, WE DON'T HAVE THAT CONCEPT RIGHT NOW.
SO RIGHT NOW WHAT WE HAVE IS, IS WHAT I'VE TAKEN IT TO BE, IS A MOTION TO DIRECT STAFF TO GO AHEAD AND START THE SUD PROCESS ALL OVER AGAIN, REMOVING THE CURRENT RESTRICTIONS THAT ARE IN THEIR CURRENT SUD AND, AND MAKING IT THE SAME AS THE, THE ONE WE PASSED LAST TIME.
I THINK THE ONE THAT WE PASSED LAST TIME WAS HOT SHOTS AND THEY'RE THE ONES THAT HAD THE TIME ENDING AT 1:45 PM YES.
SO WE'RE SAYING THAT WE WANNA MAKE IT SUSTAINED BECAUSE RIGHT NOW THEIRS ENDS AT TWO.
WELL, I BELIEVE WE ALSO REMOVED THE SECURITY REQUIREMENTS FROM HOTSHOT.
SO I JUST WANTED TO BE CONSISTENT YES.
THAT WE REMOVE THE SECURITY REQUIREMENTS FROM DOUBLE BAR.
AND, AND TO BE CLEAR, THE ONLY
[01:00:01]
REASON THAT WE HAD 1 45 IN HOTSHOTS, SUD IS BECAUSE THAT'S WHAT HOT SHOTS REQUESTED.THESE, OKAY, THIS, THIS, THESE FOLKS REQUESTED 2:00 PM SO THAT'S WHAT'S IN THEIR CURRENT SUD.
BUT IF WE'RE LOOKING, GOING BACK TO THE ORIGINAL POINT, I THINK WE, WHAT WE HAVE ISN'T INTENDED IS A MOTION TO DIRECT STAFF TO GO AHEAD AND START THE SUD PROCESS OVER WITHOUT THE CURRENT RESTRICTIONS IN THE SUD.
THE, THE PASSING THIS WITH A YES, EVEN WITH YOUR AMENDMENT DOES NOT RESTART OR, OR CREATE THE SUD IT STARTS THE PROCESS FOR THE EXACTLY.
THAT'S THAT'S A SIGNIFICANT DISTINCTION.
SO WILL, THEY WILL STILL BE OPERATING UNDER THE CURRENT TERMS UNTIL THEIR NEW SUD IS IS LOOKED AT BY COUNSEL AND APPROVED BY COUNSEL TO READINGS.
I, I WOULD LIKE TO SEE US START THAT PROCESS.
I WOULD ALSO LIKE FOR US TO NOT CHARGE THEM ADDITIONALLY FOR, FOR THE ADDITIONAL PROCESS HERE THAT WE'VE, WE'VE CREATED FOR THEM.
SO IF THERE ARE ANY FEES THAT WOULD BE ASSOCIATED WITH CAUSING THEM TO GO THROUGH THIS REPEATEDLY, UM, I WOULD LIKE TO ASK THAT STAFF WAIVE THOSE THEY NEED TO PAY CONSISTENTLY WITH WHAT OTHER BARS IN OUR COMMUNITY ARE PAYING.
CAN YOU MAKE THAT IN THE FORM OF A MOTION AND THE COUNCIL PASSES AND WE WILL DO THAT.
AND I JUST WANNA, REAL QUICK, YOU MADE A REALLY GOOD POINT WHEN YOU DID TALK ABOUT CONSISTENCY, BUT YOU ALSO SAID ABOUT GETTING SINGLED OUT AND THAT HAS NOT BEEN OUR INTENT.
SO THAT'S SOMETHING TODAY I THINK WE WANNA MAKE SURE WE ARE NOT DOING AND TAKING CARE OF THAT.
SO I JUST WANT TO, UH, I'M, I'M CONFUSED ON THE 1 45 AND TWO O'CLOCK.
UH, WHAT, WHAT, WHAT'S THE DEAL WITH THAT? SO, HOT HOT SHOTS WAS THE SUD THAT WE CONSIDERED AT THE LAST MEETING AND THEY REQUESTED THAT THEIR SERVICE HOURS BE GO UP UNTIL 1 45.
SO THAT'S WHAT THEIR SUD CURRENTLY SAYS.
AND THAT SUD IS NOW BEING PUT BACK THROUGH THE PROCESS TO TAKE OUT THE SECURITY REQUIREMENTS IN THERE.
THIS SUD DOESN'T HAVE THIS U'S ENDING TIME.
SERVICE TIME IS, UH, 2:00 AM MM-HMM
SO, UH, THE ONLY INCONSISTENCY, AT LEAST IN TERMS OF TIME IS NOT DUE TO, UH, ANYTHING THAT THE COUNCIL DID OR ANYTHING THAT STAFF WANTED, BUT THAT WAS BECAUSE THAT'S WHAT THE OWNER WANTED IS ENDING ONE TIME 1 45.
WE'RE TALKING ABOUT THE HOURS OF OPERATION.
SO, AND, AND TO ME THAT'S A LITTLE BIT OF AN ISSUE IF WE'RE TRYING TO CONSIST, KEEP IT CONSISTENT WITH OUR OPERATION.
I MEAN, IF THEY WANNA BE OPEN TILL TWO O'CLOCK, I MEAN, I DON'T REALLY SEE A PROBLEM WITH THEM BEING OPEN TILL TWO O'CLOCK.
I MEAN, THAT'S, THAT'S PRETTY CONSISTENT WITH A LOT OF OTHER PLACES TOO.
SO I, I DON'T WANNA NECESSARILY AMEND THEIR AGREEMENT TO MAKE THEM CLOSE 15 MINUTES EARLIER.
I, I I THOUGHT IT WAS A, A REQUIREMENT THAT WE PASSED ON THEM.
SORRY, I THOUGHT IT WAS DICTATED BY US, NOT BY THE, BY THE OWNER.
SO I'M, I'M FINE WITH THE RETRACTING THAT, WOULD YOU, SO YOU RETRACT YOUR MOTION.
DO WE HAVE A MOTION TO MOVE FORWARD TO DIRECT STAFF TO BEGIN THIS PROCESS AND TO WAIVE ANY FEES AS SOON AS, AND TO WAIVE ANY ADDITIONAL FEES? I'LL MAKE THAT MOTION.
THEN WE HAVE A MOTION FROM COUNCILMAN STUBBS AND A SECOND FROM COUNCILMAN NORMAN.
IS THERE ANY FURTHER DISCUSSION? WE, WE ARE, WE ARE APPROVING THE MOTION TO DIRECT STAFF TO PUT THE SUD BACK, BACK THROUGH THE, START THE SED PROCESS AGAIN AND REMOVE THE CONDITIONS AND, AND NOT CHARGE THE FEES.
SO WE HAVE A MOTION AND A SECOND.
IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[20. 010-2026 - REVIEW ORDINANCE NO. 10635, WHICH GRANTED A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 1, BLOCK 1, CAMELOT ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF ELKINS ROAD, APPROXIMATELY 3,320 FEET NORTH OF EVANS LANE) ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A SPECIAL EVENTS CENTER FOR ON-PREMISES CONSUMPTION. THE CITY COUNCIL MAY TAKE ACTION TO DIRECT CITY STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE SPECIFIC USE DESIGNATION WITH TERM OR TO REPEAL ORDINANCE NO. 10635 (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
ITEM NUMBER 20.PLEASE, UH, REVIEW THE ORDINANCE, UH, NUMBER 1 0 6 3 5, WHICH GRANTED A SPECIFIC USE DESIGNATION WITH TERM FOR LOT ONE BLOCK ONE CAMELOT EDITION, CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED ON THE WEST SIDE OF ELKINS ROAD, APPROXIMATELY 3,320 FEET NORTH OF EVANS LANE, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A SPECIAL EVENT CENTER FOR ON-PREMISE CONSUMPTION.
THE CITY COUNCIL MAY TAKE ACTION TO DIRECT CITY STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE SPECIFIC USE DESIGNATION WITH TERM OR TO REPEAL THE ORDINANCE NUMBER 1 0 6 3 5.
SO THIS IS THE SIX MONTH REVIEW, UH, FOR THE VIGNETTE LIVE OAK, SUD.
UM, JUST AS A REMINDER, THE ONLY REALLY ABNORMAL CONDITION THAT, UM, WAS APPLIED TO THIS ONE WAS THE SIX MONTH REVIEW.
SO THINGS LIKE THE SECURITY GUARDS, THAT'S ACTUALLY STANDARD OF A TLU, UM, THAT PEACE OFFICERS BE PROVIDED AT THOSE EVENTS.
SO, UM, SO YOUR, YOUR ACTIONS HERE ARE, YOUR OPTIONS ARE THE SAME AS THE PREVIOUS ITEMS, UM, EXCEPT THAT, JUST KEEP IN MIND THAT IF YOU DON'T TAKE ACTION, UH, IT'LL JUST CONTINUE ON THROUGH ITS TERM UNTIL AUGUST 12TH, 2027.
[01:05:01]
PROVIDED, UM, DOCUMENTATION SHOWING THAT THEY'VE, UM, SUPPLIED THE SECURITY GUARDS.UM, THERE HAVE ONLY BEEN TWO INCIDENCES AT THIS VENUE ACTUALLY IN THE PAST SIX MONTHS.
UM, BOTH OF THEM WERE FOR LOUD, UH, LOUD MUSIC.
UM, HOWEVER, THAT BEING SAID, THE, THE APPLICANT HAS PROVIDED, UH, DECIBEL RECORDS SHOWING THAT THE DECIBEL LEVELS HAVE NOT EXCEEDED THE THRESHOLD REQUIRED BY THE TLU, UM, UH, FOR THOSE TWO, THOSE TWO DAYS.
AND SO I JUST WANNA BE CLEAR AS WELL THAT THE DECIBEL, UH, REQUIREMENT OF 85 DECIBELS, THAT IS NOT, UM, REQUIRED BY THE SUD THAT IS REQUIRED BY THE TLU.
SO JUST KEEP THAT IN MIND WHEN CONSIDERING THESE ITEMS. SO THESE ARE JUST THE, UH, CURRENT CONDITIONS.
I REALLY DON'T HAVE ANYTHING ELSE TO SHARE WITH YOU AND I'M HAPPY TO ANSWER ANY QUESTIONS.
SO, DISTINCTION ON THIS ONE IS THAT THEY ARE UNDER A CURRENT SUD THAT GOES UNTIL 2027? YES, MA'AM.
AND SO THIS IS JUST THE REVIEW.
THIS IS NOT TO DISTINGUISH IT BETWEEN THE PREVIOUS TWO THAT WE'VE DISCUSSED.
THERE'S NOT ANY OTHER PARAMETERS HERE THAT ARE AT ISSUE.
IT'S JUST TO REVIEW AND TO DISCUSS IT.
SO SIMILAR TO THE PREVIOUS ONES, UM, COUNSEL IS TO CONSIDER THE INCIDENCE AND WHETHER OR NOT THE CONDITIONS HAVE BEEN MET.
SO, UM, SO THAT'S WHY I SUPPLIED THE INSTANCES.
AND THEN, SO YOUR OPTIONS HERE ARE MUCH THE SAME BECAUSE OF THAT ADDED CONDITION OF, UM, REVIEWING WITHIN SIX MONTHS AND DECIDING WHETHER TO DIRECT STAFF TO REVOKE, AMEND, OR ET CETERA.
IF, IF I REMEMBER CORRECTLY, IT WAS DUE TO, TO SOME NEIGHBORS HAVING NOISE CONCERNS, CORRECT? YES, MA'AM.
AND THAT'S WHY, WHY WE SET THE REVIEW.
THESE WERE FOR THEM TO HAVE CONVERSATION.
ANY OTHER QUESTIONS? ALRIGHT, THIS IS A PUBLIC HEARING.
I'LL OPEN THE PUBLIC HEARING AND WE DO HAVE A REQUEST TO SPEAK FROM STEVE JETER IF YOU'D LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT.
IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.
IT'S UH, 4,009 EAST COUNTY ROAD 63, MIDLAND, TEXAS.
I AM THE OWNER, MY WIFE AND I, THE OWNER OF THE VENUE AT LIVE OAK.
UM, LEMME TRY TO STICK TO MY THREE MINUTES.
LAST JULY, WE CAME BEFORE THE CITY COUNCIL TO MODIFY OUR EXISTING SUD THAT HAD BEEN IN PLACE FOR THREE YEARS TO INCLUDE OUR NEW STAGE AREA.
THIS STAGE AREA WAS PERMITTED AND APPROVED BY PLANNING AND ZONING PLANNING AND ZONING.
ALSO RECOMMENDED THAT OUR NEW SUB UH, SUD BE APPROVED.
SINCE THIS MODIFICATION REQUIRED NOTIFICATION TO NEIGHBORS AND NEEDED CITY COUNCIL APPROVAL, TWO NEIGHBORS MADE NOISE COMPLAINTS AND ASKED THE, THE COUNCIL TO DENY OUR SUD.
AND OUR TLU CITY COUNCIL VOTED TO APPROVE THESE REQUIREMENTS AND THAT WE, UH, HAVE AN 85 DECIBEL LIMIT AT OUR PROPERTY LINE AND THAT OUR SUD AND TU HAVE A SPECIAL REVIEW IN SIX MONTHS TO MONITOR COMPLIANCE.
WE HAVE NOT EXCEEDED THE 85 DECIBEL LIMIT AND COMPLIED WITH ALL REQUIREMENTS.
THE FIRST COMPLAINT WAS DURING THE BOOT CAMPAIGN WAS FOR A FUNDRAISER FOR DISABLED VETERANS.
THE EVENT WAS OVER AT, AT 10 30.
WE RECORDED THE DECIBEL LEVELS OF THE EVENT AND THEY AVERAGED BETWEEN 65 AND 70.
THE SECOND COMPLETE, UH, COM COMPLAINT WAS DURING THE CHRISTMAS PARTY FOR A LOCAL COMPANY.
THE MUSIC WAS INSIDE THE TENT, THE WALLS DOWN THE DOOR SHUT THE DECIBEL READING WAS 85 DECIBELS OUTSIDE THE TENT AT THE CITY COUNCIL MEETING LAST JULY.
THE COMPLAINING NEIGHBORS WHO RESIDED OFF OF TODD ROAD MADE ACCUSATIONS AGAINST THE VENUE AT LIVE OAK CONCERNING NOISE AND TRAFFIC.
I HAVE STATEMENTS SIGNED BY NINE NEIGHBORS AT THE, THAT ARE THE SAME DISTANCE AWAY OR CLOSER TO THE COMPLAINING NEIGHBORS.
AND THEY STATE THAT THEY HAVE NO ISSUES WITH NOISE OR, OR TRAFFIC, ESPECIALLY SINCE ELKINS ROAD DOES NOT INTERSECT WITH TODD ROAD IN ANY MANNER.
TOM HANE WITH THE MIDLAND COUNTY SHERIFF'S OFFICE HAS BEEN IN CHARGE OF OUR SECURITY FOR THREE YEARS.
WE HAVE SECURITY PRESENT ANYTIME THERE'S ALCOHOL SERVED.
TOM HAS DISCRETION OF THE AMOUNT OF SECURITY AND TRAFFIC CONTROL NEEDED FOR ANY SAFETY CONCERNS.
TOM HAS PROVIDED A A LETTER TO PLANNING ZONING, WHICH HE STATES THERE HAVE BEEN NO DISTURBANCES OR TRAFFIC CONCERNS DURING ANY OF THE EVENTS DURING HIS TENURE.
THERE HAVE BEEN MOIST AND TRAFFIC COMPLAINTS AGAINST OTHER VENUES IN MIDLAND, INCLUDING CITY OWNED AND COUNTY OWNED VENUES LIKE THE HORSESHOE CENTENNIAL PARK AND THE PORT SPORTS COMPLEX.
YET THERE ARE NO DECIBEL LIMITS OR SPECIAL REVIEWS.
WE RESPECTFULLY REQUEST THE CITY COUNCIL TO APPROVE OUR SUD AND TUL
[01:10:01]
WITHOUT ANY FURTHER REVIEWS OR SPECIAL REQUIREMENTS.AND THAT CONCLUDES THE PUBLIC COMMENT FOR THIS ITEM.
SO I'LL CLOSE THE PUBLIC HEARING.
DO WE HAVE ANY FURTHER DISCUSSION OR ACTION FROM COUNSEL? CAN SOMEONE HELP ME DISTINGUISH ITEMS, UM, 20 AND 21 FROM EACH OTHER? WHAT THE DIFFERENCE IS? I THINK ONE IS THE SUD AND ONE IS THE TEMPORARY LAND USE.
SO, SO WITH THIS, NICHOLAS, WALK US THROUGH ONE MORE TIME FOR CLARITY'S SAKE, WHAT THE OPPORTUNITIES FOR ACTION ARE HERE.
SO THERE'S, THERE'S REALLY YOU, YOU CAN, YOU HAVE THE CHOICES OF DOING ONE, ONE, YOU COULD DO NOTHING, IN WHICH CASE THE SUD IS GOING TO PROCEED UNDER ITS NORMAL, UH, CONDITIONS.
OR TWO, YOU COULD DIRECT STAFF TO GO BACK AND, UH, AND START THE PROCESS OVER THE SUD PROCESS OVER INCLUDING CONDITIONS.
IF YOU ALL, IF, IF YOU, IF THE COUNCIL SEES FIT AND APPROPRIATE, UM, BUT THERE ARE NO CONDITIONS CURRENTLY EX OH, AND THAT, AND THAT WOULD BE, THAT WOULD BE WHY.
IF THE COUNCIL SAW A REASON TO INCLUDE CONDITIONS, WELL THIS WOULD BE A VOTE TO DIRECT STAFF TO GO AHEAD AND START THAT PROCESS AGAIN.
AND SO THE, THE SOUND CONDITION IS ACTUALLY ON ITEM 21 THOUGH, RIGHT? YES.
THE SUD IS, SUD IS PRETTY STANDARD.
AND THE PEACE OFFICERS IS WITH THE LAND USE AS WELL, IS THAT CORRECT? UH, THERE'S THE NATURE, CORRECT? THERE'S NO THERE THAT'S CORRECT.
THE TLU REQUIRES THE PEACE OFFICER.
THE SUD IS NOT, I WAS JUST, I WAS JUST GIVING YOU ALL THE I REQUIREMENTS UP FRONT.
SO IT'S NOT TO CONFUSE YOU, BUT SORRY IF I DID
SO THEN NO ACTION ON ITEM NUMBER 20 IS WOULD JUST BASICALLY ALLOW THIS PART TO GO AWAY AND THEN WE WOULD TAKE UP ANY ADDITIONAL QUESTIONS ON THE NEXT ITEM? YES.
THE, THE, THE, THE ALCOHOL SERVICE ITEM IN TERMS OF THE SUD, THAT'S, THAT WILL CONTINUE UNDER THE CURRENT, UH, ORDINANCE.
AND THEN IF Y'ALL WANNA TAKE UP ANYTHING RELATED TO THE NOISE, THAT WOULD BE UNDER THE TLU.
AND WHAT'S THE EXPIRATION DATE OF THE, UH, SUD? IT'S IN 2027 WAS IT NOT IN 27 AUGUST 12TH, 2027.
SO THEY GOT A YEAR AND A HALF UNTIL THEY HAVE TO DO ANYTHING.
WELL, IS THERE ANYONE WISHING TO TAKE ACTION ON ITEM NUMBER 20? ALRIGHT, SEEING NONE, WE WILL PROCEED WITHOUT ACTION.
[21. 011-2026 - REVIEW RESOLUTION NO. 2025-095, WHICH AUTHORIZED THE TEMPORARY USE OF LAND FOR OUTDOOR MUSIC ON LOT 1, BLOCK 1, CAMELOT ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF ELKINS ROAD, APPROXIMATELY 635 FEET NORTH OF EAST COUNTY ROAD 72) SUBJECT TO CERTAIN SPECIAL CONDITIONS AND RESTRICTIONS. THE CITY COUNCIL MAY TAKE ACTION TO DIRECT CITY STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE RESOLUTION OR TO REVOKE THE TEMPORARY USE PERMITTED BY THE RESOLUTION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
TO ITEM NUMBER 21.WE WILL REVIEW RESOLUTION NUMBER 2 0 2 5 DASH 0 9 5, WHICH AUTHORIZED THE TEMPORARY USE OF LAND FOR OUTDOOR MUSIC ON LOT ONE BLOCK, ONE CAMELOT EDITION, CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED ON THE WEST SIDE OF ELKINS ROAD, APPROXIMATELY 300, I'M SORRY, 635 FEET NORTH OF EAST COUNTY ROAD 72.
THIS IS SUBJECT TO CERTAIN SPECIAL CONDITIONS AND RESTRICTIONS.
THE CITY COUNCIL MAY TAKE ACTION TO DIRECT STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE RESOLUTION OR TO REVOKE THE TEMPORARY LAND TEMPORARY USE PERMIT BY THE RESOLUTION.
YEAH, REALLY JUST FOR ANY QUESTIONS YOU HAVE, UH, THE DETAILS ARE PRETTY MUCH THE SAME.
SO, UH, ON THIS ONE, IS THIS THE, WHERE THE, UH, THE DECIBEL LEVEL OR WHATNOT IS? YES, SIR.
TRADITIONAL, THIS, THIS IS THE ONE THAT REQUIRED THE 85 DECIBEL LIMIT.
DO WE REQUIRE ANY OTHER SIMILAR BUSINESSES TO HAVE AN 85 DECIBEL LIMIT? NO, SIR.
SO WE NEED TO TAKE THAT CONDITION OFF
I WOULDN'T SAY SUPER CONSISTENTLY, BUT WE DO RECEIVE THEM.
UM, WHAT DOES, HOW DOES CODE ENFORCEMENT TYPICALLY HANDLE NOISE COMPLAINTS CONSISTENTLY ACROSS THE COMMUNITY? WE DON'T HAVE A DECIBEL LEVEL, WHICH MAKES IT DIFFICULT FOR THEM TO, UM, CATCH THE, UM, THE CULPRIT OR CATCH THE ISSUE WHEN IT, WHENEVER IT'S TAKING PLACE.
BUT THEY VISIT WITH THE PERSON WHO MADE THE COMPLAINT IF THEY WERE NEARBY.
AND THEY ALSO VISIT WITH THE PERSON THAT BEING COMPLAINED ON, OR THE BUSINESS OR THE RESIDENCE BEING COMPLAINED ON AND TALK THROUGH THE, THE, THE ISSUES WITH THEM TO TRY TO GET THEM TO VOLUNTARILY COMPLY.
YEAH, I THINK THAT'S WHERE I'M, I KNOW WE, WE'VE GOT ANOTHER ESTABLISHMENT IN DISTRICT ONE THAT'S HAVING, UM, A LOT OF NOISE COMPLAINTS AND I KNOW WE DON'T REALLY HAVE A ABILITY TO ENFORCE THEM.
UM, SO, UM, AND I'VE EMAILED BACK WITH MR. JETER A FEW TIMES.
I ACTUALLY KIND OF LIKE HOW THIS IS STRUCTURED.
UM, AND I KNOW THERE'S SOME KIND OF ISSUES WITH ENFORCEMENT AND IT'S KIND OF ON THE OWNER, YOU KNOW, IT'S, WE'RE KIND OF PUTTING A ONUS OF COMPLIANCE ON THE OWNER, UM, THAT WE NEED TO MAKE SURE IS CONSISTENT THROUGHOUT THE CITY.
UM, BUT AGAIN, I THINK THIS IS ACTUALLY AN OPPORTUNITY AS FOR GO LOOK AT THOSE NOISE ORDINANCE IN BOTH COMMERCIAL AND RESIDENTIAL ZONING,
[01:15:01]
UM, TO MAKE SURE WE CAN ENFORCE THOSE THROUGHOUT THE CITY.UM, I THINK THIS WAS A GREAT KIND OF IDEA AND I THINK IT KIND OF SOLVED THE PROBLEM WITH THE NEIGHBORS AND I, AND AGAIN, I REALLY APPRECIATE ALL THE HARD WORK, UM, YOU AND YOUR WIFE HAVE PUT INTO MAKING SURE THIS IS YOU'RE COMPLIANT.
UM, BUT I THINK THIS IS A GOOD MODEL FOR US TO MOVE FORWARD.
BUT I DO THINK IT NEEDS TO BE IN THE ORDINANCE AND NOT IN A, A SPECIFIC, UM, T UH, TRU UM, I THINK IS THE ONLY THING I REALLY HAVE AN ISSUE WITH OF THERE, THERE SHOULD BE AN ORDINANCE CHANGE AND I'D REALLY LIKE STAFF TO KIND OF LOOK INTO, UM, 'CAUSE THAT THE NUMBER OF INCIDENCES ARE, ARE GROWING AS, AS THE CITY GROWS AND WE BECOME MORE DENSE INSIDE THE, THE CITY LIMITS.
UM, SO HAVING AN ORDINANCE ON CITYWIDE, I THINK WOULD BE VERY, VERY BENEFICIAL.
THAT KIND OF LOOKS LIKE THIS AGREEMENT DID WELL.
SO AN EXPERIENTIAL RESPONSE, MAYOR, IS THAT THE DECIBEL LEVEL REALLY DOESN'T WORK VERY WELL.
UH, AND THEN IF YOU HAVE SOME RECALCITRANT THAT TAKES PLACE, YOU KNOW, THEY COULD PLAY GAMES AND INCREASING IT, DECREASING IT, AND THEN THERE COULD BE A BACK AND FORTH.
I THINK IT WORKS BEST WHEN THERE'S VOLUNTARY COMPLIANCE AND WHEN NEIGHBORS WORK WELL WITH NEIGHBORS.
UH, I WOULD SAY THAT PROBABLY IN, IN MY YEARS OF DOING THIS IN THE NINETIES, THERE WAS A ONE ORDINANCE THAT I THINK WORKED REALLY WELL WHERE THERE WAS THREE COM YOU GET THREE YOU OR MORE UNRELATED COMPLAINTS THAT YOU CAN SHUT IT DOWN IF, IF THEY HAVE A, LIKE A LOUD SPEAKER PERMIT.
BUT THAT WAS BY ORDINANCE CITYWIDE, NOT THAT WAS OUT CITY INDIVIDUAL.
THAT WAS, AND THEN ALSO YOU HAD TO REALLY WATCH IT CLOSELY.
'CAUSE YOU KNOW, YOU, ESPECIALLY NOW WITH CELL PHONES, YOU COULD HAVE THREE DIFFERENT CALLS AND IT COULD, YOU COULD PLAY GAMES WITH THAT TOO.
I'M JUST BEING STRAIGHTFORWARD WITH THE COUNCIL ON THAT ISSUE.
SO I THINK IT WORKS BEST WHERE WE GO OUT VISIT WITH THEM.
LIKE YOU POINTED OUT, I MEAN, I THINK THIS WAS A UNIQUE SITUATION.
WE HAD SOMEONE THAT, YOU KNOW, WAS VOLUNTARILY WORKING WITH THE NEIGHBORHOOD AND VICE VERSA.
SO THAT'S, THAT'S WHAT YOU WOULD WANT AND THAT'S WHAT YOU WOULD LIKE.
UH, BUT WE CERTAINLY LOOK AT IT, WE CAN CERTAINLY LOOK AT HOW THIS WORKED AND SEE WHAT KIND OF ADJUSTMENTS WE CAN MAKE TO THE ORDINANCE.
BECAUSE IF PEOPLE KNOW UPFRONT, UH, WHAT THEY'RE WALKING INTO, THAT'S HELPFUL.
SO I THINK, I THINK THAT THAT PART OF IT CAN BE MAYBE MORE ROBUST AND THAT COULD BE HELPFUL TO THE PEOPLE WHO ARE, UM, ASKING FOR PERMITS, YOU KNOW? AND, UM, I LIKE THE FACT THAT IT PROVIDES A LITTLE BIT OF ACCOUNTABILITY FOR SOME OF THESE BUSINESSES THAT ARE GOING IN POTENTIAL RESIDENTIAL NEIGHBORHOODS.
THE PROBLEM IS, IS THAT, UM, READING DECIBEL LEVELS IS VERY SUBJECTIVE TO THE TYPE OF EQUIPMENT.
IF IT'S CALIBRATED OR YOU LOW TO THE GROUND, ARE YOU HIGH TO THE GROUND? AND THE OTHER BIG PART OF IT NOW, TO BE A SCIENCE NERD HERE IS FREQUENCY.
I MEAN, YOU KNOW, HIGH FREQUENCIES, UH, IT'S NOT NECESSARILY THE, THE LOUDNESS THAT GENERALLY TRAVELS, IT'S THE FREQUENCY OF BASE AND THINGS OF THAT SORT THAT TRAVEL, THAT THAT'S WHAT A LOT OF TIMES PEOPLE COMPLAIN ABOUT.
IT'S NOT NECESSARILY NOISE, IT'S THE, IT'S, THEY, THEY HEAR BASS BECAUSE OF HOW FAR IT CAN TRAVEL.
SO IT'S VERY HARD TO, UM, TO MITIGATE ALL OF THOSE COMPLAINTS, UH, EVEN WITH DECIBEL, UH, BECAUSE OF THOSE FACTORS.
BUT I MEAN, IF THERE'S SOMETHING THAT WE CAN WORK THAT, WHERE THERE'S KIND OF A GUIDELINE THAT WE BASE THAT OFF OF WHERE THERE'S CONSISTENCY IN THE WAY THAT IT'S ADMINISTERED, THEN YOU KNOW, IT, IT COULD POTENTIALLY WORK.
SO WITH, WITH THE DISCUSSION THAT WE'RE HAVING HERE, UM, IT'S MY PERSPECTIVE THAT WE DON'T WANT TO IMPOSE SOMETHING ON ONE ESTABLISHMENT THAT WE'RE NOT IMPOSING ON OTHERS.
BUT WE WOULD LIKE SOME REVIEW AND SOME RECOMMENDATIONS ABOUT SOME BEST PRACTICES THAT WE COULD APPLY CITYWIDE TO HELP GIVE CODE ENFORCEMENT AND LAW ENFORCEMENT OPPORTUNITIES TO HAVE SOME TOOLS IN THEIR TOOL BELT TO ADDRESS THESE CONCERNS.
UM, AND HAVE A, A BIGGER CONVERSATION.
I WOULD PREFER TO SEE US GO IN THAT DIRECTION RATHER THAN SINGLING OUT INDIVIDUAL ESTABLISHMENTS.
AND, AND I, AND THIS, UM, IS TANGENTIAL TO THIS DISCUSSION AND THAT THERE'S, THERE'S SOME OTHER THINGS IN, IN OUR ORDINANCE WHERE NEIGHBOR TO NEIGHBOR, WE'VE GOT SOME THINGS IN PLACE THAT WE NEED TO MAKE ADJUSTMENTS TO WHERE PEOPLE CAN BUILD THINGS THAT OVERLOOK THE NEXT HOUSE.
I, THERE'S JUST A LOT OF LITTLE THINGS LIKE THAT THAT WE HAVE IN OUR ORDINANCE, BUT WE HAVE TO BALANCE THAT ALSO WITH PROPERTY RIGHTS AND, AND HOW YOU, HOW YOU MANAGE THAT PIECE AS WELL.
BUT, UH, THERE'S OTHER ISSUES LIKE THAT WHERE WE NEED TO LOOK AT THE ORDINANCE.
UH, IF, IF THIS IS THE DIRECTION WE WANT TO GO IN MAYBE A BROADER DISCUSSION DURING A STRATEGIC PLANNING SESSION WITH REGARD TO CODES ENFORCEMENT, I THINK THAT'S GOOD.
WOULD YOU WRITE THAT DOWN AND LET'S TALK ABOUT THAT? YES, MA'AM.
STRATEGIC, I THINK YOU'RE RIGHT.
I THINK WHEN THERE IS A TRUE NOISE ISSUE, WE WANNA MAKE SURE WHEN THEY'RE SENT OUT THEY CAN'T ENFORCE IT.
I, IT'S VERY FRUSTRATING TO US AND I CAN'T EVEN IMAGINE HOW FRUSTRATING IT IS TO A CODE ENFORCEMENT OFFICER WHEN THEY GET SENT OUT AND EVERYONE'S MAD AND THERE'S NOT ANYTHING TO BE DONE.
SO WE NEED TO MAKE SURE THAT THEY HAVE THE TOOLS THEY NEED.
I MEAN, LIKE, THERE'S LITTLE THINGS LIKE, AND I DON'T KNOW IF PEOPLE NOTICE THIS OR NOT IF COUNCIL NOTICE THIS, BUT Y'ALL WANTED THINGS CLEANED UP ON MAJOR THOROUGH AFFAIRS.
AND ONE OF THE THINGS THAT THEY DID THAT'S NOT IN THE ORDINANCE, BUT THAT'S THESE BROKEN SIGNS, MEANING THAT IF YOU HAVE A SIGN LIKE A CHURCHES AND THE SIGN'S BROKEN AND IT'S BEEN BROKEN FOR YEARS AND THEY DON'T FIX IT, IT JUST MAKES A CITY LOOK BAD AND MAKES THE THE NEIGHBORHOOD LOOK BAD.
AND SO THEY JUST ASKED THEM FOR
[01:20:01]
VOLUNTARY, JUST JUST ASKED THEM, IT'S NOT IN THE ORDINANCE AND JUST ASKING.AND SO WE GOT OVER A DOZEN OF THEM FIXED.
THE, THE DILAPIDATED STRUCTURES REALLY, WE REALLY DON'T HAVE THE TEETH THAT WE NEED IN THERE.
SO, AND THEN PLUS THE COUNCIL GUIDANCE HAS BEEN JUST, LET'S WORK WITH FOLKS.
AND SO VOLUNTARILY WE'VE BEEN ABLE TO GET 12, UH, DEMOLISHED, WHICH IT'S A BIG DEAL.
SO EVERY LITTLE BIT HELPS, UH, IN THESE OTHER INSTANCES Y'ALL REFERRING TO, WE MIGHT NEED TO MAKE ADJUSTMENTS, BUT WE'LL CERTAINLY TAKE ALL THE INPUT, UH, UNDER ADVISEMENT BEFORE WE BRING BACK SOMETHING FOR COUNCIL TO CONSIDER.
SO THEN, UM, I, I DON'T THINK I OPENED THE PUBLIC HEARING ON THIS ONE.
WE HAVE NO REQUEST TO SPEAK ON ITEM 21.
SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION OR, OR ANY SUGGESTIONS THAT COUNSEL WOULD LIKE TO MAKE.
I'D LIKE TO, UM, TO MOVE FORWARD WITH THE SUD, BUT WITH, UH, REMOVING THE RESTRICTION OF THAT, UH, DECIBEL LEVEL.
SO MOVE FORWARD WITH THE TLU TO, BUT REMOVE THE RESTRICTION OF THE DECIBEL LEVEL.
SO WE HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN LAD.
BUT I WOULD ASK FOR YOU TO CONTINUE TO WORK WITH YOUR NEIGHBORS, WHERE, IF THERE ARE ANY ISSUES THAT I THINK HE'S ALREADY DOING THAT.
YES, I AND I AND ANY HAS AND I GREATLY APPRECIATE THE CONVERSATIONS WE HAD.
I WAS JUST GONNA SAY THAT, HOLD ON.
IF YOU WOULD COME TO THE MICROPHONE FOR US, WE'RE TRYING TO STAY CONSISTENT, I'M SORRY,
WE HAVE A POLICY OF WHAT WE LET THE BANDS PLAY AT.
'CAUSE WE, WE DON'T WANT TO, WE WANNA BE GOOD NEIGHBORS AND WE WANNA MONITOR THAT.
OUR DEAL WAS, WE JUST DIDN'T FEEL LIKE IT WAS FAIR TO IMPOSE THAT ON US BECAUSE NOW I'M, I'M, I'M TRYING TO RUN MY BUSINESS AND TO MONITOR IT.
THERE'S SO MANY WAYS THAT YOU CAN MANIPULATE THAT.
AND IF YOU GOT SOMEBODY LOOKING OVER YOUR SHOULDER FROM COMPLIANCE OR A NEIGHBOR, OR YOU THINK THEY'RE GONNA COME AT YOU FOR A LAWSUIT, I MEAN, YOU HAVE TO TAKE MEASURES.
AND THAT, THAT COSTS, LIKE, I SPENT $10,000 JUST GETTING MONITORING REQUIREMENT TO DO THAT.
SO WE'RE, WE'RE GONNA CONTINUE TO DO THAT.
I THINK ASKING FOR, UH, COMPLIANCE, VOLUNTARY COMPLIANCE, THERE'S A LOT YOU CAN DO.
AND I'VE WORKED WITH YOU, UH, JUST BECAUSE I, I KNOW IT'S AN ISSUE AND I DON'T WANT IT TO BE SOMETHING THAT I'M FIGHTING WITH THEM OR FIGHTING WITH OTHER NEIGHBORS GOING, GOING LONG TERM.
WELL, WE APPRECIATE THE WAY THAT YOU'VE MANAGED THIS.
WELL, THANK Y'ALL FOR YOUR THANK YOU, SIR.
AND I WANNA THANK YOU PUBLICLY FOR YOUR EMAIL THAT HAD IN GOING OUT AND GETTING THE LETTERS AND THEN ALSO SENDING US THAT MAP.
I I, I FELT LIKE THE LAST TIME I DIDN'T REALLY GET THE, Y'ALL DIDN'T HAVE THE FULL PICTURE AND ALL I WANTED TO DO IS MAKE SURE YOU HAD ALL THE FACTS AND, AND, AND, AND I KNOW IT'S TOUGH MAKING THESE DECISIONS.
SO ANY WAY I CAN WORK WITH YOU GUYS, I WILL.
ALRIGHT, SO WITH THAT, WE HAVE A MOTION FROM COUNCILMAN NORMAN TO APPROVE THE TLU, BUT REMOVE THE CONDITION AND THEN A SECOND FROM COUNCILMAN LAD.
JUST REAL QUICK CLARIFICATION.
SO DOES THIS ONE ALSO HAVE THE CONDITION FOR SECURITY AS IT'S WRITTEN NOW? IT DOES.
THAT'S THE, YEAH, THAT'S WHAT REQUIRES THE POLICE OFFICERS.
IT'S NOT, AND WE DO REQUIRE THAT FOR ANY TLU WHERE THERE'S ALCOHOL SERVICE THAT'S NOT UNIQUE TO THIS ONE.
YEAH, THAT'S, THAT'S SOMETHING STANDARD FOR T USE AND I, I THINK THAT'S REASONABLE AND APPROPRIATE.
I JUST WANNA MAKE SURE THAT WAS THE RIGHT WAY TO DO THAT.
SO DO YOU HAVE WHAT YOU NEED, MARCIA? OKAY.
SO IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[22. 10715 - AN ORDINANCE VACATING AND ABANDONING A 0.10-ACRE GENERAL UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN LOT 1A, BLOCK 31A, HOMESTEAD ADDITION, SECTION 6, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED BETWEEN WEST KANSAS AVENUE AND WEST LOUISIANA AVENUE, APPROXIMATELY 140 FEET EAST OF NORTH PECOS STREET) ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS; SAID EASEMENT HAVING BEEN PREVIOUSLY RETAINED BY ORDINANCE NO. 8970, WHICH VACATED AND ABANDONED THE COTERMINOUS ALLEY RIGHT- OF-WAY; AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
VERY MUCH.WE'LL MOVE FORWARD TO ITEM NUMBER 22 PLEASE.
AND ORDINANCE VACATING AND ABANDONING A 0.10 ACRE GENERAL UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN LOT ONE A BLOCK 31, A HOMESTEAD EDITION, SECTION SIX, CITY COUNTY, MIDLAND, TEXAS.
GENERALLY LOCATED BETWEEN WEST KANSAS AVENUE AND WEST LOUISIANA AVENUE.
APPROXIMATELY 140 FEET EAST OF NORTH VEGAS STREET.
ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS SET EASEMENT HAVING BEEN PRESENT PREVIOUSLY RETAINED BY ORDINANCE NUMBER 89 70, WHICH VACATED AND ABANDONED THE, THAT WORD DETERMINIST ALLEY RIGHT OF WAY AND, AND ORDER AND RECORDATION BY THE CITY SECRETARY.
ALRIGHT, THANK YOU MAYOR AND COUNSEL, THIS IS JUST A VACATION OF A UTILITY EASEMENT, UH, FOR PROPERTY HERE AT SEVEN 700 NORTH PECOS DOWNTOWN.
UM, IT'S FOR THE DEVELOPMENT OF A NEAR PROSPERITY BANK.
YOU CAN SEE HERE IN THE MAP IT SHOWS THE EASEMENT IN THE MIDDLE THERE.
IT'S ABOUT TWO, OR EXCUSE ME, POINT 10 ACRES.
AND, UM, EVERYTHING HAS BEEN REMOVED OUT OF IT.
[01:25:01]
PURPOSE.UH, HERE'S JUST A LOOK AT THE ZONING.
IT'S ACTUALLY BEEN REZONED RECENTLY TO CB.
THE MAP JUST NEEDS TO BE UPDATED.
UM, BUT YEAH, THAT PDS NO LONGER THERE.
THERE'S SOME, UM, SURROUNDING RESIDENTIAL USES, UM, TO THE NORTH AND THE, THE, THE SOUTH THERE.
BUT, UM, EAST AND WEST IS THE PARKING LOT IN THE BANK AND WE DON'T HAVE ANY OBJECTIONS TO THIS.
OKAY, ANY QUESTIONS FROM COUNCIL FOR STAFF? ALRIGHT THEN THIS IS A PUBLIC HEARING.
WE HAVE NO REQUEST TO SPEAK FOR ITEM NUMBER 22.
SO I WILL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION FROM COUNCIL.
WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER AND A SECOND FROM COUNCILMAN STUBBS.
IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
WE WILL MOVE FORWARD TO MISCELLANEOUS TO ITEM NUMBER 23.
WE'LL CONSIDER ONE OR MORE MOTIONS MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS.
UH, YOU HAVE IN YOUR PACKET, I BELIEVE, UH, SOME INFORMATION ABOUT THOSE VACANCIES THAT ARE REMAINING AND THE APPLICATIONS THAT WE'VE RECEIVED.
SO IF EVERYONE IS READY FOR THIS, THEN WE'LL JUST MOVE THROUGH THESE AND TRY TO COMPLETE THESE.
SOME OF THESE HAVE BEEN WAITING FOR VARIOUS DIFFERENT REASONS.
SO WE WILL FILL THE ONES WE CAN AND SEEK FURTHER ACTION IN THE FUTURE FOR THOSE THAT WE CAN'T.
SO WE'LL FIRST ADDRESS THE AIRPORT PLANNING AND DEVELOPMENT BOARD.
WE HAVE ONE VACANCY, UH, TO REPLACE.
UM, FRANK NER, HE HAS NOT CONTINUED THERE.
AND SO DO WE HAVE ANYONE I'D LIKE TO, UH, NOMINATE STEPHANIE GRIFFIN.
SO WE HAVE A NOMINATION OF STEPHANIE.
SO WE HAVE A NOMINATION FROM COUNCILMAN STUBBS ON THAT.
I WOULD ALSO LIKE TO THROW HANK HUDSON OUT THERE.
HE'S BEEN VERY, UM, INVOLVED NOT ONLY AS A PILOT, BUT JUST AS A COMMUNITY MEMBER AND JUST A GREAT MAN AND HAS TIRELESSLY GIVEN HIMSELF EVERY YEAR, UM, TO THE FLY INTO FALL EVENT, GETTING OUT THERE AT SIX 30 IN THE MORNING TO PARK CAR CARS ALL DAY.
UM, AND IS JUST HEAVILY INVESTED IN OUR AIRPORT SYSTEM.
SO WE HAVE A PROPOSED STEPHANIE GRIFFIN, WE ALSO HAVE HANK HUDSON.
IS THERE ANY OTHER NAME THAT COUNSEL WOULD LIKE TO PROPOSE HERE? I THINK WHAT I WOULD LOVE TO SEE US DO ON SOME OF THESE WHERE WE HAVE MULTIPLE DIFFERENT FOLKS IS LET'S GET A SLATE OF FOLKS AND THEN WE WILL DO A BALLOT SCENARIO.
I DON'T KNOW HOW TO, I WANNA MAKE SURE THAT WE MOVE FORWARD CONSISTENTLY.
UM, SO DO WE HAVE, COULD WE JUST GET STICKY NOTES AND WRITE THOSE DOWN AND THEN THOSE CAN BE PROVIDED PUBLICLY.
SO AT THIS POINT WE HAVE STEPHANIE GRIFFIN'S NAME PROPOSED.
WE HAVE HANK HUDSON'S NAME PROPOSED.
DO WE HAVE ANY OTHER NAMES TO PROPOSE FOR THIS ONE? VACANCY? OKAY.
UM, COULD YOU PASS THE STICKY NOTES DOWN? I DON'T HAVE A DRAWER.
Y'ALL NEED OR Y'ALL HAVE SOME IN YOUR DRAWER.
SO I'M GONNA, WE JUST NEED TO WRITE THE, UH, THE BOARD.
SO WRITE THE NAME OF THE PERSON THAT YOU WOULD LIKE TO VOTE TO SUPPORT.
THESE WILL BE PUBLICLY AVAILABLE.
WE'RE NOT DOING THIS IN SECRET, WE'RE JUST TRYING TO DO IT ORDERLY.
WE DO NEED TO PUT OUR NAME ON THESE, CORRECT.
SO WE NEED TO PUT OUR NAME IN THE TOP CORNER.
AND THEN MOM, Y'ALL COULD ACTUALLY JUST PUT IT ON YOUR PAGE.
YOUR PAGE AS YOUR, ARE THEY EACH SINGLE PAGE? OKAY.
WE'LL DO THAT GOING FORWARD, BUT WE'VE ALREADY DONE THIS ONE.
DO THINGS DECENTLY AND IN ORDER, CHECK YES OR NO CHECK YES OR NO.
SECRETARY IS LOVE ABOVE SUPPOSED SECRETARY.
SO WHILE THEY'RE TABULATING THAT, LET'S GO AHEAD AND WRITE OUR NAME AT THE TOP OF THE SECOND PAGE SO THAT WE HAVE THAT FOR THE PUBLIC RECORD.
[01:30:01]
TO THE NEXT ONE HERE IN A SECOND.I GUESS TECHNICALLY YOU CAN WRITE YOUR NAME ON ALL THE SUBSEQUENT PAGES SO THAT WE HAVE CLARITY FOR THE AIRPORT PLANNING AND DEVELOPMENT BOARD.
THERE WAS FIVE VOTES FOR HANK HUDSON AND TWO FOR STEPHANIE GRIFFIN.
SO THEN HANK HUDSON WILL PROCEED IN THAT SLOT.
SO WE NEED A MOTION AND A SECOND? WE HAVE A MOTION.
DO WE HAVE A MOTION? I'LL MAKE THAT MOTION.
A MOTION FROM COUNCILWOMAN POOL AND A SECOND FROM, UH, COUNCIL MEMBER HOLDER.
[23. - CONSIDER ONE OR MORE MOTIONS MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (DISTRICT: ALL) (CITY SECRETARY) (TRANSPARENT & CONSISTENT COMMUNICATION)]
WILL GO FORWARD TO THE MIDLAND ODESSA URBAN TRANSIT DISTRICT BOARD.UM, THIS IS TO REPLACE BOB KREITZ.
AND THIS WOULD BE AN APPOINTMENT TO AN UNEXPIRED TERM.
SO JUST FOR CLARITY'S SAKE, THEY WOULD BE ABLE TO COMPLETE THIS TERM AND THEN ELIGIBLE TO BASICALLY ONLY COMPLETE THE TERM THAT IS LEFT AVAILABLE.
SO WE HAVE A LIST OF THE CURRENT APPLICANTS THERE.
IF WE DON'T HAVE ANY, THIS IS NOT ONE THAT MEETS CONSISTENTLY.
AND SO IF WE WANT TO DEFER, WE'RE NOT HOLDING UP A QUORUM, I DON'T BELIEVE WITH THIS ONE.
SO IF WE DON'T HAVE ANYBODY WE'D LIKE TO MOVE FORWARD WITH, THEN WE CAN LEAVE THIS ONE.
SEEING NONE, THEN WE WILL GO FORWARD TO THE MIDLAND HOUSING AUTHORITY COMMISSION.
UM, THERE ARE TWO, THERE'S ONE VACANCY AND TWO REAPPOINTMENTS THAT ARE REMAINING.
THIS ALSO DOES NOT MEET CONSISTENTLY, BUT WE PROBABLY SHOULD GO AHEAD AND IF THERE ARE NO NOMINATIONS OR, OR CONCERNS ABOUT THIS ONE, THEN WE CAN WAIT ON THIS ONE AS WELL.
THE REAPPOINTMENT NEED TO BE, THEY, THEY DON'T EVEN HAVE MEETINGS CONSISTENTLY, SO I DON'T, I JUST WANNA MAKE SURE.
NOT HEARING ANY ACTION FROM COUNCIL.
WE'LL MOVE FORWARD TO THE MIDLAND SPACEPORT DEVELOPMENT BOARD.
WE DO NEED TO GO AHEAD AND GET THIS ONE FILLED.
UM, OH, ACTUALLY, UM, WE'RE GOING TO WAIT ON, ON THAT ON THIS ONE APPOINTMENT.
WE CAN MOVE ON TO THE OIL AND GAS ADVISORY COMMITTEE.
SO THE OIL AND GAS ADVISORY COMMITTEE IS THE NEXT ONE.
UM, THIS ONE HAS DESIGNATED EXPERTISE FOR THE MEMBERS OF THE OIL AND GAS ADVISORY COMMITTEE.
SO WE NEED TO REPLACE THE PETROLEUM ENGINEER OR GE.
SO IT COULD BE A PETROLEUM ENGINEER OR A GEOLOGIST.
UH, WE ONLY HAVE ONE APPLICANT THAT MEETS THAT STANDARD AS IT'S RECORDED HERE.
SO IS THIS, WE DO NEED TO GET THIS ONE BECAUSE WE HAVE HAD QUORUM ISSUES ON THIS ONE.
AND JUST TO CLARIFY, THE OTHER THREE CANDIDATES ARE NOT THEY I'M ASKING OR ARE THEY GEOLOGISTS OR ARE THEY NOT GEOLOGISTS? I DON'T BELIEVE THAT THEY ARE.
ONE OF THEM IS A RESERVOIR ENGINEER THAT IS JUST FOR CLARIFICATION, ONE OF THESE OTHER THREE THAT DOES NOT.
DOES THAT, DOES THAT MEAN RESERVOIR ENGINEERS CONTROLLING I SO THIS ONE IS THAT WHICH ONE? SO ALKA KUMAR IS A RESERVOIR ENGINEER, SO I JUST WANT CLARIFICATION ON THAT.
SO, AND I KNOW HER, SHE'S OF HIGH INTEGRITY AND SHE'S WORKED MANY HOURS AND DEDICATES HERSELF, SO, OKAY.
WELL, SO WE HAVE TWO QUALIFIED APPLICANTS BASED ON THE PARAMETERS THAT ARE ON THAT BOARD.
SO THEN LET'S SELECT THE ONE THAT YOU WOULD LIKE TO GO FORWARD WITH AND WE'LL PASS THOSE IN.
AND REAL QUICK, MARCIA, DO WE REQUIRE, UM, SOME TYPE OF VERIFICATION WHENEVER WE APPOINT THEM IS BECAUSE THIS IS A, UH, SPECIALTY WHERE THEY HAVE TO BE AN ENGINEER.
SO DO THEY HAVE TO PROVIDE SOME TYPE OF DEGREE OR, OR SOMETHING OF THAT SORT JUST TO VERIFY THAT THAT'S WHAT THEY ARE? WE HAVE NOT DONE THAT IN THE PAST, NO.
THE, THE HIGH SCHOOL TEACHER AND ME REALLY LIKES THIS PART.
GUYS, MAKE SURE YOUR NAME'S AT THE TOP OF YOUR PAPER.
BUT I THINK WE'RE DOING THE, WE'RE GONNA PASS IT IN AND GET A TABULATION AND WE'LL FOLLOW THAT SAME PROCEDURE FOR A MOTION AND A SECOND.
YOU WANNA TAKE, WE HAVE ONE MORE, RACHEL
[01:35:11]
OIL AND GAS.UH, I DON'T WANNA SAY THE NAMING INCORRECTLY, I'M SORRY.
BUT ALKA KUMAR HAS, UH, VOTED UNANIMOUSLY.
SO, UM, COUNCILWOMAN BURS, WOULD YOU LIKE TO MAKE THAT IN THE FORM OF A MOTION? YES.
MAKE A MOTION TO APPOINT AL MAKE A MOTION TO APPOINT AL ALKA KUMAR TO THE OIL AND GAS ADVISORY COMMITTEE.
OKAY, WE HAVE A SECOND FROM COUNCILMAN NORMAN.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
ALRIGHT, THEN WE'LL GO FORWARD TO THE PARKS AND REC COMMISSION.
WE HAVE ONE NEW APPOINTMENT AND FOUR REAPPOINTMENTS.
THE PER THE PERSONS THAT ARE LISTED HERE, RACHEL OVERMAN, SARAH JUDGE LYNN ROGERS, AND AMBER, I DON'T KNOW HOW TO PRONOUNCE THAT, ARE ALL SEEKING REAPPOINTMENT AND THEY ARE ALL ELIGIBLE FOR REAPPOINTMENT.
I'LL MOVE TO REAPPOINTMENT THE FOUR CURRENT PAPERS.
SO WE HAVE A MOTION TO REAPPOINT THE FOUR EXISTING MEMBERS THAT ARE ELIGIBLE FOR REAPPOINTMENT.
DO WE HAVE A SECOND? I'LL SECOND THAT.
WE HAVE A SECOND FROM COUNCILMAN STUBBS.
IF THERE'S NO FURTHER DISCUSSION ON THAT, LET'S VOTE.
ANY OPPOSED? ALRIGHT, THAT MOTION CARRIES.
SO WE HAVE ONE APPOINTMENT REMAINING TO REPLACE MARY AND BRYANT.
THIS IS AN UNEXPIRED TERM I'D LIKE TO NOMINATE SAM GONZALEZ.
UM, HE'S BEEN A, HE'S A LONG TIME INLANDER FROM MIDLAND.
UH, WENT THROUGH MIDLAND COLLEGE.
HE'S A, WORKS FOR AN OLD COMPANY AS A SAFETY PERSON AND HR AND IS REALLY INVOLVED IN SOME NON-PROFIT WITH KIDS AND, UM, REALLY WANTS TO BE ON THE BOARD.
SO WE HAVE SAM GONZALEZ FROM COUNCILMAN STUBBS.
DOES ANYONE ELSE WOULD LIKE TO PROPOSE? WELL, I KNOW JOY PAULSON HAS BEEN VERY INVOLVED WITH KEITH MILLEN.
UM, AND SHE JUST RECENTLY, UM, RESIGNED FROM THAT POSITION, SO I KNOW SHE'S BEEN VERY ACTIVE IN THAT PARTICULAR GREEN SPACE AREA AS WELL.
SO WE HAVE NOMINATION OF JOY PAULSON AND SAMUEL GONZALEZ.
SEEING NONE THEN LET'S MAKE OUR SELECTIONS AND PASS THOSE IN.
UM, I THINK WE CAN PROBABLY, WE GO AHEAD AND FINISH THESE VERBALLY AND THEN LET THEM TABULATE 'EM AND ACCEPT 'EM AS A SLATE.
SO GO AHEAD AND PASS THOSE OVER.
AND THEN WHILE THEY'RE TABULATING WE'LL GO AHEAD AND TALK ABOUT PLANNING AND ZONING COMMISSION.
WE NEED TO REPLACE ABRAHAM BAYHILL.
IF YOU'LL RECALL, WE IN THE LAST COUPLE OF YEARS CHANGED THAT TO WHERE YOU CAN ONLY SERVE ON EITHER THE MDC OR PNZ AS A DECISION MAKING BOARD, BUT NOT BOTH.
AND SO BECAUSE ABRAHAM BAYHILL WAS, WAS SELECTED FOR THE MDC, WE NEED TO REPLACE HIM ON PLANNING AND ZONING.
AND SO YOU CAN SEE THE NAMES LISTED THERE BELOW.
I HAD LIKE TO POINT BRIANNA LA FOY.
SO WE HAVE A PROPOSAL OF THE NAME BRIANNA LA FOY.
UM, OH, I CAN'T FIND WHERE I NEED MY GLASSES.
SO WE CAN ALSO, UM, WE CAN TAKE A PREEXISTING MEMBER THAT IS, IS, UH, ON THE SIDELINES AS AN ALTERNATE AND WE CAN MOVE THEM UP.
SO, UM, JOSHUA, I'M TRYING TO THINK OF HIS LAST NAME.
HE'S ON THE PLANNING HIS ZONING COMMISSION RIGHT NOW AS AN ALTERNATE.
SO I, I WOULD LIKE TO, UM, NOMINATE JOSHUA GARZA.
HE'S CURRENTLY SERVING AS AN ALTERNATE.
HE'S BEEN SHOWING UP CONSISTENTLY TO THE MEETINGS AND HAS CONSISTENTLY STEPPED IN PLACE WHEN HE NEEDED.
UM, HE HAS A LOT OF VALUABLE INSIGHT, UH, BEING A BUILDER, UH, COMMERCIAL SPACE.
AND SO I KNOW THAT, UH, HIS TIME ON THE COUNCIL HAS BEEN, UH, ARMING ON THE PLANNING ZONING BOARD HAS BEEN WELL RECEIVED AND, AND I THINK THAT HE WOULD MAKE AN ASSET TO PUT ON THERE AS A PROMINENT MEMBER.
I LIKE THE DIRECTION YOU'RE HEADED WITH THAT TO ALLOW SOMEBODY TO LEARN AND YES.
LEARN AS AN ALTERNATE AND THEN ONCE YOU'VE BEEN AN ALTERNATE AND YOU'VE DEMONSTRATED ATTENDANCE AND THAT SORT OF THING.
SO I THINK THAT'S A GREAT IDEA.
IF WE MOVE JOSH GARZA UP AND THEN CAN WE DO THAT AND THEN NOTATE BRIANNA LA FOY AS ALTERNATE? YES.
SO I THINK LET'S WRITE THAT IN THE NAME IN THE BLANK THERE WHERE IT SAYS NAME.
YOU WANT TO BE THE ACTUAL APPOINTEE AND THEN THE ALTERNATE BELOW.
WHAT WAS, I'M SORRY, WHAT WAS HIS NAME AGAIN? JOSHUA GARZA.
[01:40:01]
UM, JUST TO PROVIDE TIME FOR ANYONE ELSE TO MAKE A PROPOSAL, IS THERE ANY OTHER NAME THAT YOU'D LIKE TO BE CONSIDERED? IF NOT, THEN PASS THAT IN.UM, FOR THE PARKS AND RECREATION COMMISSION, THE APPOINTMENT TO THE UNEXPIRED TERM GOES TO JOY PAULSON WITH A FIVE TO TWO.
SO LET'S, LET'S FINISH THIS UP AND THEN WE'LL DO ALL OF THEM AT ONE SLATE.
UM, SO WE'RE GONNA DO THE ZONING BOARD OF ADJUSTMENT.
WE HAVE THE REAPPOINTMENT OF RACHEL WALKER AND ELIZABETH MOORE BOTH SEEKING REAPPOINTMENT AND BOTH CURRENT MEMBERS IN GOOD STANDING.
THEN WE HAVE TWO ALTERNATE VACANCIES.
SO THIS WOULD BE SIMILAR TO WHAT WE'VE JUST DONE, UH, APPOINTING PEOPLE TO THOSE ALTERNATE SPACES.
UM, I'LL MOVE TO, UH, REAPPOINT THE EXISTING MEMBERS.
SO WE HAVE A MOTION FROM COUNCILMAN LAD TO REAPPOINT THE EXISTING MEMBERS.
WE HAVE A SECOND FROM COUNCILMAN BURS.
OKAY, SO THEN WE NEED TO PROPOSE, UH, A COUPLE OF NAMES FOR THESE ALTERNATE VACANCIES.
AND THEY DON'T MEET VERY FREQUENTLY.
I THINK THEY JUST MET THE FIRST TIME SINCE WE APPOINTED THEM.
TWO YEARS AGO? OR WAS THAT LAST YEAR? I DON'T REMEMBER.
I LIKE, UH, MEL MOZIER, WHO'S, UH, ALSO AN HR, UM, BUT VERY ACTIVE AMERICAN COMMUNITY AND SHE USED TO BE AT MUTD AND WANTS TO GET MORE INVOLVED IN THIS.
AND THIS ONLY MEETS AS NEEDED.
THEY DON'T EVEN HAVE, UH, SET MEETING TIMES SO WE CAN MOVE FORWARD.
ARE THERE ANY OTHER NAMES YOU'D LIKE TO PROPOSE OR WE CAN MOVE FORWARD WITH THAT ONE AS OUR ALTERNATE AND LEAVE THE OTHER ONE VACANT FOR NOW.
ANY OTHER NAMES? OKAY, WELL THEN PASS THAT IN.
WE CAN GET BETTER FORMS FOR THIS.
I THINK THIS HAS BEEN MORE STRAIGHTFORWARD THAN SOME OF THE TIMES PREVIOUSLY.
OKAY, SO WE'LL LET YOU TABULATE THOSE AND THEN WE WILL GET A MOTION FOR THESE AS A SLATE.
SO, UH, FOR THE PARKS AND RECREATION COMMISSION, LIKE I SAID, JOY PAULSON WITH FIVE VOTES.
SAMUEL GONZALEZ WITH TWO VOTES.
UH, WE ALREADY HAD JEN BURKHOLDER AS DONE IN MOTION, SO IF YOU WANNA
OKAY, SO LET'S ARTICULATE THAT.
THE SLATE OF WILL BE, I GAVE MY PAPER AWAY.
UM, WELL YOU'VE ALREADY DONE, YOU'VE ALREADY DONE THE REAPPOINTMENT MM-HMM
FOR THE PARK C RIGHT? SO YOU JUST NEED A VOTE PLANNING AND ZONING IN THE AIRPORT BOARD OF ADJUSTMENT.
SO THE WELL NEED, YOU STILL NEED ONE ON UM, JOY HOLSON.
SECOND, SECOND TO MAKE A MOTION.
A MOTION TO MAKE A MOTION TO APPOINT JOY PAULSON TO THE APPOINTMENT.
THE APPOINTMENT OF THE PARKS AND RECREATION BOARD.
AND THEN LET'S JUST DO ALL OF THE REST OF THEM.
SO GI GIVE US THE ARTICULATION OF THEM, UM, FOR PLANNING AND ZONING COMMISSION, JOSH GARZA WILL BE APPOINTED TO REPLACE ABRAHAM BEAL.
AND THEN BRENDA LA FOY WILL BE, UH, BE AN ALTERNATE APPOINTMENT TO THE PLANNING AND ZONING COMMISSION FOR THE ZONING BOARD OF ADJUSTMENT AND AIRPORT ZONING BOARD OF ADJUSTMENT.
UM, RACHEL WALKER AND ELIZABETH MOORE ALREADY HAVE BEEN REAPPOINTED WITH THE VOTE.
SO THIS WOULD BE TO APPOINT MELISSA MOSER AS AN ALTERNATE VAC TO THE ALTERNATE VACANCY APPOINTMENT.
SO DO YOU MAKE THAT IN THE FORM OF A MOTION? YES, I MAKE THAT IN THE FORM OF A MOTION.
GARCIA, DO YOU HAVE A, YOU NEED ON THAT? I HAVE BUR HOLDER AS MOTION.
DO WE HAVE A SECOND? WE HAVE A SECOND FROM COUNCILMAN NORMAN ON THE SLATE.
THANK YOU FOR NOT MAKING ME MEMORIZE ALL OF THAT
ALRIGHT, THAT CONCLUDES OUR ITEM NUMBER 23 AND WE WILL MOVE FORWARD TO PUBLIC COMMENT
[24. Receive public comments where individuals may address the City Council on City related issues and projects not on the present agenda. Any deliberation of or decision by the City Council regarding the item being discussed shall be limited to a motion to place the item on the agenda for a subsequent meeting. (Please limit comments to three minutes or less.)]
WITH ITEM NUMBER 24.WE'LL RECEIVE PUBLIC COMMENTS WHERE INDIVIDUALS MAY ADDRESS THE CITY COUNCIL ON CITY RELATED ISSUES AND PROJECTS NOT ON THE PRESENT AGENDA.
ANY DELIBERATION OF OR DECISION BY THE CITY COUNCIL REGARDING THE ITEM BEING DISCUSSED SHALL BE LIMITED TO A MOTION TO PLACE THE ITEM ON THE AGENDA FOR A SUBSEQUENT MEETING.
AND WE ASK THAT YOU LIMIT YOUR COMMENTS TO THREE MINUTES OR LESS.
I DO WANNA MAKE IT CLEAR ONE MORE TIME THAT WE ARE LIMITING THESE COMMENTS TO THINGS THAT ARE NOT ON THE AGENDA.
UM, AND WE'LL BE DOING THAT MOVING FORWARD IN FUTURE MEETINGS AS WELL.
SO WITH THAT, I HAVE A REQUEST TO SPEAK CARD FROM MR. EIL ROSA IF YOU'D LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT.
[01:45:01]
WELCOME SIR.IF YOU'D GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.
LIO ROSA, UH, 36 0 3 HUMBLE AVENUE.
UM, I'M ASKING FOR YOUR SUPPORT, THE COUNCIL SUPPORT FOR, I PROBABLY YOU GUYS KNOW THIS IS BECAUSE OF THE 250TH ANNIVERSARY HAPPENING ALL ACROSS THE COUNTRY.
SEVERAL CITIES IN OTHER STATES HAVE BEEN COMING UP WITH IDEAS OF HOW TO MARK THIS MOMENTOUS, AT LEAST FOR ME, IT IS MOMENTOUS MOVEMENT, UH, AND A MOMENT IN THE AMERICAN HISTORY.
AND I, JOHN, UH, POINTED ME TO SOMEBODY AT THE KEEP MIL, UH, MIL AND BEAUTIFUL FOR THE IDEA OF A PARK.
SO I'M JUST AGAIN, BRINGING THIS TO YOUR ATTENTION AND I WOULD LOVE TO COUNT ON YOUR SUPPORT FOR THAT.
UM, I COME FROM A CITY IN BRAZIL THAT BETWEEN TWO, UH, 1960 AND 2010, WE GREW THE GREEN AREA PER PERSON IN SQUARE FEET FOOT.
IF MY CONVERSION HERE IS NOT INCORRECT 'CAUSE WE USED THE METRIC SYSTEM THERE, BUT WE GREW FROM 1960 WHEN WE HAD 400,000 PEOPLE FROM NINE SQUARE FEET PER PERSON TO 645 IN 2010 BY USING THE POWER OF CITIZENRY, WHICH IS EXACTLY WHAT, UH, KEEP MIDLAND BEAUTIFUL DOES.
UH, BUT I BELIEVE THAT ONE OF THE PREMISES, I REMEMBER THAT VERY CLEARLY WHEN I MOVED FROM ANOTHER TOWN IN BRAZIL TO THAT AREA IN THE SOUTH SOUTH OF THE COUNTRY, SOMEBODY QUOTED THAT AND HE QUOTED A PURITAN WILLIAM BRADFORD WHEN HE SAID, UH, WE ARE SOWING THIS, THIS IS 1620S.
WE ARE SO IN ACORNS AND WE KNOW THAT WE'RE NOT GOING TO BE ENJOYING THE, THE SHADOW OF THE OAK TREES.
I BELIEVE THAT TREE PLANNING IS A VERY LONG LASTING, UH, PERMANENT IN, IN SOME CASES PERMANENT, UM, MOVEMENT ACTIONS THAT WE CAN DO.
UH, THANK YOU JOHN FOR POINTING ME TO KEEP MIDLAND BEAUTIFUL.
NUMBER TWO IS, BEFORE I FORGET THAT 'CAUSE I FORGOT THAT SEVERAL TIMES WHEN I WAS HERE, I WOULD LOVE TO, WELL LET ME BRING THIS TO YOUR ATTENTION.
I WOULD LOVE TO SEE A REGATHERING, A REUNION OF ALL OF THE MILLON 1 0 1 COURSE ATTENDEES THROUGHOUT THE, SAY THE PAST DECADE.
I KNOW THAT THIS IS GOING ON FOR A LONG TIME, BUT I NEVER SAW A REUNION OF ALL THEM.
I WAS TALKING TO SOMEBODY THIS WEEK, UH, TWO PEOPLE ACTUALLY THAT ATTENDED MILLON 1 0 1 AND THEY ARE BOTH OF THEM SPECIFICALLY AND VERY WELL ENGAGED IN LOCAL ACTIONS AND BOARDS.
SO THIS IS SOMETHING THAT I HAVE BEEN, I TRIED MYSELF TO DO THAT WITH THE PEOPLE THAT I KNEW, BUT I JUST KNOW A LITTLE BIT, UH, JUST FEW PEOPLE.
SO JUST WANTED TO BRING THAT TO YOUR ATTENTION.
I THINK THAT THIS IS GOING, WHAT'S GOING IS GOING TO BRING A LOT OF CONSOLIDATION OF PEOPLE'S ENGAGEMENT, COMMUNITY ENGAGEMENT IN THE CITY.
SO AGAIN, THANK YOU VERY MUCH FOR YOUR ATTENTION GUYS.
THANK YOU VERY MUCH FOR YOUR COMMENTS.
WE'LL, WE'LL HAVE SOME FOLLOW UP DISCUSSION ON THAT, UM, OFFLINE.
UM, SO THAT CONCLUDES OUR REQUEST TO SPEAK AND OUR CITIZEN PUBLIC COMMENT CARDS.
AND SO WE WILL CLOSE THE PUBLIC HEARING ON ITEM 24 AND
[EXECUTIVE SESSION]
MOVE FORWARD TO OUR EXECUTIVE SESSION.PURSUANT TO TEXAS GOVERNMENT CODE 5 5 1 1 0 1, THE CITY COUNCIL WILL HOLD AN EXECUTIVE SESSION WHICH IS CLOSE TO THE PUBLIC TO DISCUSS THE FOLLOWING MATTERS AS PERMITTED UNDER THE FOLLOWING SECTIONS OF TEXAS GOVERNMENT CODE SECTION 5 5 1 0 7 1.
CONSULTATION WITH ATTORNEY WILL DISCUSS MATTERS IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BO BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICT WITH CHAPTER 5 5, 1 OF THE TEXAS GOVERNMENT CODE.
WE'LL DISCUSS PENDING OR CONTEMPLATED LITIGATION SECTION 5 5 1 0 7 2 DELIBERATION REGARDING REAL PROPERTY TO DISCUSS THE PURCHASE EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY.
SECTION 5 5 1 0 7 4 PERSONNEL MATTERS DELIBERATE THE EMPLOYMENT EVALUATION AND DUTIES OF THE CITY MANAGER, CITY ATTORNEY, CITY SECRETARY, MUNICIPAL COURT PRESIDING JUDGE AND MUNICIPAL COURT ASSOCIATE JUDGE, AND SECTION 5 5 1 0 8 7 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
WE'LL DISCUSS BUSINESS PROSPECTS THAT THE CITY SEEKS TO HAVE LOCATES OR EXPAND IN OR NEAR THE CITY OF MIDLAND, TEXAS AND DISCUSS POSSIBLE INCENTIVES.
WITH THAT, WE STAND ADJOURNED AT 11:50 AM TO EXECUTIVE SESSION.
THANK YOU VERY MUCH FOR JOINING US TODAY AND WE'LL SEE YOU NEXT TIME.