[00:00:03]
BUT FIRST I WANT US TO START WITH AN INVOCATION
[OPENING ITEMS]
AND I'D LIKE TO INVITE PASTOR JOHN SLADEN FROM HOPE COMMUNITY CHURCH TO OFFER OUR INVOCATION.IF YOU WOULD STAND WITH ME, PLEASE.
FATHER, THANK YOU FOR THIS DAY.
THANK YOU FOR THE BLESSINGS THAT COME WITH IT.
THANK YOU FOR THE OPPORTUNITY TO GATHER LIKE THIS.
HELP US TO NEVER TAKE FOR GRANTED THE FREEDOMS THAT WE HAVE BOTH IN THIS CITY AND STATE AND IN THIS COUNTRY.
I PRAY FOR THIS MEETING TODAY.
I PRAY FOR THE LEADERS THAT ARE BEFORE US.
I PRAY THAT YOU WOULD BLESS THEM, UH, AND THEIR FAMILIES IN A SPECIAL WAY.
I PRAY THAT YOU WOULD GIVE THEM WISDOM, THAT YOU WOULD GIVE THEM, UH, COURAGE AND, AND BOLDNESS AND PATIENCE AND UM, UH, HUMILITY, LORD AND ALL THAT IS NEEDED TO, TO, TO SERVE OUR CITY.
WELL, UH, I PRAY THAT EVERYTHING THAT IS SAID AND DONE HERE TODAY WOULD, UH, BE HONORABLE.
THAT IT WOULD BRING HONOR AND GLORY TO YOU.
AND WE ASK THAT YOU WOULD BLESS THIS TIME.
AND WE ASK THAT IN JESUS' NAME.
PASTORS OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LITURGY AND JUSTICE FOR ALL UNDER THE TEXAS FLAG.
MY PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
YOU CAN BE SEATED AND WE'RE GONNA MOVE IMMEDIATELY
[PROCLAMATIONS AND RECOGNITIONS ]
INTO PROCLAMATIONS.WE'RE GONNA START WITH MIDLAND, I-S-D-F-F-A WEEK.
IF I COULD GET REPRESENTATIVES FROM MIDLAND I-S-D-F-F-A TO JOIN ME OVER HERE UNDER THE SCREEN, WELCOME GUYS.
I ALWAYS FEEL LIKE I SHOULD MOSTLY CONGRATULATE YOU ON GETTING A LITTLE BIT OF TIME OFF FROM SCHOOL.
SO ARE YOU MISSING THE CLASSES THAT YOU'RE HAPPY TO BE MISSING? YES.
WELL, CONGRATULATIONS ON THAT OPPORTUNITY.
TALK TO US A LITTLE BIT ABOUT WHAT, WHAT KINDS OF THINGS IS FFA DOING AN MISD RIGHT NOW? DOES ANYBODY WANT TO SHARE WHAT YOU'RE RAISING OR WHAT YOU'RE UP TO? OKAY, SO RIGHT NOW WE'RE IN THE MIDDLE OF OUR MAJOR STOCK SHOWS.
AND SO THAT MEANS THAT WE ARE CREATING Y'ALL'S LIKE BEEF AND YOUR PORK AND YOUR CHICKEN AND YOUR LAMB AND GOAT, LIKE ALL THAT MEAT YOU'LL EAT IN THE FUTURE.
AND WE ALSO WILL BE DOING CDE SOON AND THAT'S LIKE CAREER DEVELOPMENT STUFF.
AND WE WILL LEARN LIKE WHAT WE WANNA DO IN THE FUTURE AND WE'LL PUT THAT INTO USE IN THE FUTURE AS WELL WITH WHAT WE LEARNED.
WELL, WE'RE REALLY PROUD OF YOU GUYS.
I ALWAYS WANTED TO DO FFA, BUT MY DAD HAD GROWN UP DOING FFA AND HE KNEW HOW MUCH WORK IT WAS FOR HIM AND SO HE DIDN'T LET ME DO FFA.
SO CONGRATULATIONS TO THE PARENTS TOO AND THANK YOU FOR THE WORK THAT YOU PUT IN FOR YOUR KIDS.
SO WHEREAS THE NATIONAL FFA ORGANIZATION PLAYS A VITAL ROLE IN PREPARING STUDENTS FOR FUTURE LEADERSHIP BY PROMOTING AGRICULTURAL EDUCATION AND FOSTERING SKILLS IN LEADERSHIP, IN PERSONAL GROWTH AND IN CAREER READINESS.
AND WHEREAS THROUGH THE CLASSROOM INSTRUCTION HANDS-ON LEARNING AND COMMUNITY INVOLVEMENT, FFA EMPOWERS STUDENTS TO DEVELOP RESPONSIBILITY TO DEVELOP TEAMWORK AND A STRONG WORK ETHIC WHILE GAINING AN UNDERSTANDING OF AGRICULTURE'S IMPACT ON OUR DAILY LIFE.
WHEREAS FFA WEEK OBSERVED ANNUALLY IN FEBRUARY PROVIDES AN OPPORTUNITY TO RECOGNIZE THE ACHIEVEMENTS OF FAA MEMBERS TO CELEBRATE THE ORGANIZATION'S LONGSTANDING LEGACY AND TO INCREASE PUBLIC AWARENESS OF THE IMPORTANCE OF AGRICULTURAL EDUCATION.
AND WHEREAS MIDLAND HIGH SCHOOL AND LEE HIGH SCHOOL FFA CHAPTERS EXEMPLIFY THESE VALUES THROUGH THEIR COMMITMENT TO STUDENT DEVELOPMENT, TO COMMUNITY SERVICE AND TO LEADERSHIP EXCELLENCE.
NOW THEREFORE, I LORI BELONG MAYOR OF THE CITY OF MIDLAND, TEXAS, DO HEREBY PROCLAIM THE WEEK OF FEBRUARY 23RD THROUGH 27TH, 2026 AS MIDLAND I-S-D-F-F-A WEEK.
SO JOIN ME IN CELEBRATING THEM.
YEAH, COME OVER HERE SO WE CAN BE CENTERED.
SO NOW YOU HAVE TO CONVINCE THEM TO TAKE YOU, LIKE GET A CUP OF COFFEE BEFORE YOU GO BACK TO SCHOOL.
ALRIGHT, CONGRATULATIONS YOU GUYS HAVE A GREAT WEEK.
AT THIS TIME I'D LIKE TO INVITE THE YOUNG WOMEN'S LEADERSHIP ACADEMY SWIM TEAM TO JOIN ME UP HERE.
[00:05:08]
YOU LADIES ARE SUPER COMMITTED.SO WHAT TIME IS PRACTICE FOR YWLA SWIM TEAM? IS IT EARLY IN THE MORNING? NO SIR.
I ALWAYS FEEL LIKE SWIMMERS ARE SUCH GOOD ATHLETES 'CAUSE YOU HAVE TO PUT IN SO MANY HOURS.
SO WE'RE SUPER, SUPER PROUD OF YOU IN THE WORK THAT YOU'VE DONE.
SO LET ME OFFER THIS PROCLAMATION FOR YOU.
THE YOUNG WOMEN'S LEADERSHIP ACADEMY OF MIDLAND IS COMMITTED TO ACADEMIC EXCELLENCE, TO LEADERSHIP DEVELOPMENT AND TO EMPOWERING YOUNG WOMEN TO ACHIEVE THEIR HIGHEST POTENTIAL.
AND WHEREAS THE YOUNG WOMEN'S LEADERSHIP ACADEMY GIRLS SWIMMING AND DIVING TEAM EARNED THE TITLE OF 2026 UIL CLASS FOUR A GIRLS STATE MEET CHAMPIONS CAPTURING THE FIRST ATHLETIC STATE CHAMPIONSHIP IN SCHOOL HISTORY.
THEY CAPTURED THE FIRST ATHLETIC STATE CHAMPIONSHIP IN THEIR SCHOOL HISTORY.
WHEREAS YOUR TEAM HAS SECURED EIGHT PODIUM FINISHES INCLUDING A STATE CHAMPIONSHIP IN THE 200 YARD MEDLEY RELAY AND AN INDIVIDUAL STATE TITLE IN THE 500 YARD FREESTYLE DEMONSTRATING DISCIPLINE, FOCUS AND TEAMWORK.
WHO WAS THAT 200 YARD MEDLEY RELAY? RAISE YOUR HAND.
AND YOU WROTE THE 500 YARD FREESTYLE.
WHEREAS THIS ACHIEVEMENT REFLECTS THE DEDICATION OF THE STUDENT ATHLETES AND THE LEADERSHIP OF THEIR COACHES, THE SUPPORT OF THE FAMILIES, FACULTY, AND THE MIDLAND COMMUNITY.
NOW THEREFORE, I LORI BLANC, MAYOR OF THE CITY OF MIDLAND, TEXAS DO HEREBY RECOGNIZE AND CELEBRATE YOUNG WOMEN'S LEADERSHIP ACADEMY GIRLS SWIMMING AND DIVING TEAM.
AND I ENCOURAGE OUR COMMUNITY TO RECOGNIZE THIS TEAM, THEIR COACHES AND THEIR FAMILIES FOR THE ACHIEVEMENT AND THE REPRESENTATION OF MIDLAND AT THE STATE LEVEL.
1, 2, 3 GUYS, YOU GUYS HAVE TO BUY FOR SOME EXTRA TIME OFF FROM SCHOOL TOO, OKAY? YES MA'AM.
LISTEN TO ALL THOSE MEDALS AS THEY GO UP
WE ALSO NEED TO RECOGNIZE HANNAH KRUGER.
SHE WON STATE IN THE 200 I BELIEVE FOR MIDLAND HIGH THIS WEEKEND.
WE'LL HAVE TO BRING HER IN FOR A FUTURE MEETING.
BUT A LOT OF GREAT THINGS HAPPENING IN MIDLAND ATHLETICS.
ALRIGHT, WE ARE GOING TO LET ME GET THESE STRAIGHT FIRST.
NO ONE DOESN'T HAVE A NUMBER ON IT OUT THERE.
I THINK I HAVE 'EM ALL STRAIGHT HERE.
SO WE WILL GO AHEAD AND GET STARTED WITH
[CONSENT AGENDA ]
OUR CONSENT AGENDA HERE PRETTY QUICKLY.BUT I DO WANT TO SHARE, UH, THE STATEMENT THAT I'VE BEEN READING THE LAST FEW MEETINGS.
I'LL SHARE IT A FEW MORE TIMES.
SO BEFORE WE ARE, WE PROCEED, I NEED TO BE CLEAR, THIS COUNCIL AND OUR CHAMBERS OPERATE UNDER ESTABLISHED RULES OF CONDUCT.
THE SET OF RULES WERE ADOPTED BY THE CITY COUNCIL IN 2019.
THESE RULES ARE IN EFFECT, PUBLICLY POSTED AND NOT OPTIONAL.
PUBLIC COMMENT IS WELCOME, BUT DISRUPTIVE BEHAVIOR IS NOT.
THESE RULES ARE SUPPORTED BY THE TEXAS GOVERNMENT CODE AND PENAL CODE PROVISIONS THAT AUTHORIZE THE PRESIDING OFFICER TO MAINTAIN ORDER AND ENSURE 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 MAINTAIN ORDER IN THIS CHAMBER.
FAILURE TO COMPLY MAY RESULT IN REMOVAL AS AS ALLOWED BY LAW.
I'LL OUTLINE THE RULES OF PUBLIC PARTICIPATION FOR THE CITY COUNCIL MEETING.
THESE RULES ARE POSTED IN AND OUTSIDE THE CHAMBER AND ONLINE AND APPLY TO EVERY SINGLE PERSON PRESENT.
THE PUBLIC COMMENT CARDS 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
[00:10:01]
COMMENT PERIOD.UH, WHICH I BELIEVE FOR THIS ONE IS ITEM 41 SPEAKERS MAY ADDRESS ONLY ITEMS THAT ARE NOT ON THE PRESENT AGENDA.
COMMENTS ON ANY ITEM THAT IS ON THE AGENDA ARE NOT PO UH, PERMITTED DURING OAKLAND 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.
A MEMBER OF THE PUBLIC WHO ADDRESSES THE COUNCIL SHALL FIRST STATE HIS OR HER FULL NAME AND ADDRESS PERSONAL ATTACKS, THREATS, ABUSIVE LANGUAGE OR DISRUPTIVE CONDUCT ARE NOT PERMITTED.
ONE WARNING WILL BE GIVEN AND IF THE BEHAVIOR CONTINUES, THE SPEAKER MAY BE SUBJECT TO REMOVAL.
PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER.
AN AUDIBLE SIGNAL WILL SOUND WHEN TIME EXPIRES.
AND AT THAT POINT THE MICROPHONE WILL BE TURNED OFF AND THE MEETING WILL PROCEED.
WE WILL HAVE NO YELLING, DISRUPTION FROM THE AUDIENCE, YELLING, SHOUTING OR SPEAKING OUT OF TURN WILL RESULT IN ONE AR ONE WARNING A SECOND DISRUPTION WILL RESULT IN THE POTENTIAL FOR IMMEDIATE REMOVAL WITH NO REENTRY.
AND SO WE HAVE THOSE POSTED AROUND.
AND SO WITH THAT WE'LL MOVE FORWARD TO THE CONSENT AGENDA.
UM, COUNCIL MEMBER HOLDER, DO YOU HAVE ANYTHING YOU'D LIKE TO PULL? YES, I'D LIKE TO PULL, UH, NUMBER FIVE 16 AND 20.
NUMBER FIVE, NUMBER 16 AND NUMBER 20.
I DO NOT COUNCILWOMAN POOLE NO FURTHER.
DO YOU HAVE ANY COUNCILMAN LAB? I DON'T.
SO WE HAVE, LET ME MAKE SURE I DON'T HAVE ANY REQUEST.
I DO HAVE A REQUEST FOR ITEM NUMBER 18, SO WE'LL PULL THAT AS WELL.
MARCIA, DID I MISS ANY? I DON'T.
I BELIEVE THERE IS ONE FOR ITEM NUMBER FOUR.
OKAY, WE'LL PULL ITEM NUMBER FOUR.
IT DOESN'T HAVE AN AGENDA ITEM, BUT I THINK THAT'S WHAT IT IS.
ALRIGHT, SO WE WILL PULL ITEMS 4, 5, 16, 18, AND 20.
AND IF THERE'S NO FURTHER DISCUSSION, LET'S GO AHEAD AND VOTE ON THE REMAINING ITEMS AND THE CONSENT AGENDA NUMBER 18 WAS FOR A REQUEST TO SPEAK.
SO DO WE HAVE A MOTION FOR THE, A MOTION TO APPROVE? WE HAVE A MOTION FROM COUNCILMAN BERKHOLDER.
A SECOND FROM COUNCILMAN STUBBS.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
WE WILL MOVE FORWARD TO ITEM NUMBER FOUR ON THE CONSENT
[4. MOTION APPROVING THE FOLLOWING MINUTES: 4.a SPECIAL SESSION OF JANUARY 13, 2025 4.b REGULAR SESSION OF FEBRUARY 10, 2026 ]
AGENDA.A MOTION APPROVING THE FOLLOWING MINUTES FOR THE SPECIAL SESSION OF JANUARY 13TH, 2025, AND THE REGULAR SESSION OF FEBRUARY 10TH, 2026.
I DO HAVE A REQUEST TO SPEAK FROM ROBIN CAMPBELL, I BELIEVE, ALTHOUGH THE NUMBER WASN'T ON THERE, SO I'M SPECULATING.
UM, I DO NOT WISH TO GIVE MY ADDRESS.
I DID NOT WISH TO GIVE MY ADDRESS LAST MEETING AND I DID NOT APPRECIATE Y'ALL PUTTING MY ADDRESS IN THE MINUTES.
I DON'T BELIEVE YOU HAVE TO BY LAW.
AND ACTUALLY I THINK THAT LAW IS IN FAVOR OF PROTECTING ME.
I KNOW Y'ALL DON'T LIKE YOUR PUBLIC INFORMATION OUT THERE.
I DON'T UNDERSTAND WHY YOU HAVE TO PUT IT OUT TO THE PUBLIC.
IT IS A SAFETY CONCERN FOR MYSELF, MY FAMILY, AND I WOULD APPRECIATE Y'ALL NOT PUTTING MY ADDRESS IN THERE.
MAYBE YOU CAN LOOK INTO THE LAW AND SEE IF I HAVE SOME PROTECTIONS THERE.
OKAY, I'D LIKE TO SPEAK ON THE MINUTES LAST, UM, MEETING.
I SPOKE ON MDC GIVING LAND TO THE MDR FOR THE OMNI HOTEL.
I DON'T BELIEVE THE MINUTES ACCURATELY REFLECTED WHAT WAS SAID, UM, SPECIFICALLY AT ALSO, WELL, SINCE I'M PRESSED FOR TIME, I'M GONNA JUMP INTO WHAT I REALLY WANNA TALK ABOUT.
MR. GONZALEZ STATED AFTER MY PUBLIC COMMENT, I MADE A COMMENT THAT THOSE COMPARISONS OF THE PUBLIC CONTRIBUTIONS GOING TO, UM, THE MDR, THE OMNI HOTEL COMPARED TO ABILENE AND EL PASO, OKLAHOMA CITY, AND DALLAS ARE NOT APPLES TO APPLES WHATSOEVER.
OUR CITY HAS CLAIMED THE STAFF WHEN THEY PRESENTED THIS PROJECT THAT IT WAS 35% OF PUBLIC CONTRIBUTIONS TO THE HOTEL.
WELL, THE HOTEL IS $170 MILLION, SUPPOSED TO BE 45 MILLION COMING FROM MDC.
CASH IS 35, APPROXIMATELY 35.6%.
THAT'S WHAT Y'ALL HAVE STATED AS THAT IS A PUBLIC CONTRIBUTION THAT IS NOT ACCURATE AT ALL.
THE PUBLIC CONTRIBUTION, WE POINTED OUT THAT THE LAND IS NOT REFLECTED
[00:15:01]
IN THAT 45 MILLION CASH.MDC HAS TOLD US WITH STATEMENTS THAT THEY HAVE SPENT 15 MILLION, APPROXIMATELY 15 MILLION ON THE LAND.
THAT LAND IS NOT IN THAT 35.6% OF PUBLIC CONTRIBUTIONS.
THAT PUBLIC CONTRIBUTION NUMBER IS MUCH HIGHER.
IN FACT, IT'S MORE LIKE 60% OR MUCH HIGHER, WHICH IS MUCH HIGHER THAN THE OTHER CITIES THAT WE'RE, WE WERE COMPARED TO.
IN FACT, THE OTHER CITIES THAT WE WERE COMPARED TO, THEY HAD TO STRETCH TO GET THE NUMBERS UP TO A PUBLIC 35% MIDLAND.
Y'ALL, INSTEAD OF STRETCHING TO GET THOSE NUMBERS UP TO 35% PUBLIC, YOU LEFT OUT A BUNCH OF THE DEAL.
THERE'S, THAT DOESN'T INCLUDE WHAT THE CITY IS GONNA REBATE IN TAX ABATEMENTS.
THERE IS AT LEAST 15 MILLION, I BELIEVE COMING FROM THE CITY.
WHERE'S THAT IN THE 35% PUBLIC CONTRIBUTION? WHERE IS THE, UM, STATE FUNDING? Y'ALL A PART OF THE DEAL IS THAT THEY'RE GONNA GET MONEY FROM THE STATE FOR BEING A CONVENTION CENTER HOTEL.
THAT WAS INCLUDED IN THE OTHER CITY'S COMPARISONS WHEN WE COMPARED WHAT PUBLIC CONTRIBUTION IS FOR OUR HOTEL FOR THE OMNI VERSUS WHAT THE OTHER CITIES ARE.
SO I DON'T BELIEVE THAT THE MINUTES REFLECTED THAT ACCURATELY.
I DON'T BELIEVE THAT THOSE NUMBERS WERE PRESENTED ACCURATELY AT ALL IN THAT COUNCIL MEETING.
WE WOULD LIKE TO SEE SOMETHING DONE ABOUT IT.
WE WOULD LIKE TO HAVE A TOWN HALL.
WE'VE ASKED FOR IT TO BE ON THE AGENDA SO THAT WE COULD HAVE MORE THAN THREE MINUTES TO TALK ABOUT THIS.
DO WE HAVE ANY FURTHER DISCUSSION OR COMMENTS ON ITEM NUMBER FOUR? RIGHT.
DO WE HAVE A MOTION? MAY I INTERRUPT? YEAH, I PUT A FORM FOR ITEM FOUR ALSO.
I DON'T HAVE A FORM FOR ITEM FOUR.
IS THAT SOMETHING THE ADDRESS CAN BE STRICKEN OFF OF THAT AS A, AN AMENDMENT TO THE THOSE MINUTES? UM, THAT'S A QUESTION FOR NICHOLAS.
JUST TO, TO ADDRESS THE QUESTION.
THE INITIAL QUESTION WAS WHY WAS THE ADDRESS PUT INCLUDED IN THIS? WELL, THE ADDRESS WAS INCLUDED IN THE MINUTES BECAUSE THE ADDRESS WAS STATED IN AN OPEN SESSION.
THE MINUTES ARE SUPPOSED TO REFLECT WHAT WAS STATED IN OPEN SESSION AND, AND THAT'S THE PURPOSE WHETHER THEY CAN BE STRICKEN.
I'LL LEAVE THAT UP TO THE COUNCIL.
THERE'S, UH, I DON'T, I DON'T SEE A LEGAL REASON WHY WE CANNOT STRIKE THOSE, BUT THAT'S GONNA BE UP TO COUNCIL'S DISCRETION.
BUT THAT'S WHY THEY WERE INCLUDED.
ALSO, IF THE MINUTE, IF THE ADDRESS IS ON THE SPEAKER CARD, IT IS PLACED ON THE MINUTES.
SO THE THE ADDRESSES ON THE MINUTES ARE DERIVED FROM THE SPEAKER CARD? CORRECT.
SPEAKER CARD OR FROM THE SPEAKER.
SO ANY ACTION FROM COUNCIL MEMBERS? SO I'M SORRY, I I DID FILL OUT A COURT.
I HAVE A CARD FOR YOU FOR ITEM NUMBER 41 AND I'LL CALL ON YOU IN ACCORDANCE WITH THAT.
I HAVE, BUT WE'RE NOT GONNA GO BACK AND FORTH RIGHT NOW.
ALSO, I HAVE ALL THE CARDS THAT WERE PROVIDED TO ME.
I'M NOT GONNA CONTINUE TO GO BACK AND FORTH WITH YOU.
MARCIA, CAN YOU HAVE YOUR TEAM LOOK AND SEE IF THERE WERE ANY ADDITIONAL CARDS? YES.
AT THIS TIME, IS THERE ANY ACTION FROM COUNSEL? WE HAVE A MOTION FROM COUNCILMAN LAD.
WE HAVE A SECOND FROM COUNCILMAN NORMAN.
IS THERE ANY FURTHER DISCUSSION? I'M SORRY, WHO WAS THE MOTION? MOTION FROM COUNCILMAN LAD AND A SECOND FROM COUNCILMAN NORMAN.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[5. 2026-024 - RESOLUTION APPROVING A CONTRACT WITH RESTROOM FACILITIES LTD FOR THE PURCHASE AND INSTALLATION OF A RESTROOM FACILITY STRUCTURE AT SPARKS PARK THROUGH BUYBOARD FOR A TOTAL COST OF $243,772.00; APPROVING $31,228.00 FOR PROJECT-RELATED COSTS; APPROPRIATING FUNDS IN THE CDBG 2025-2026 PROJECT ACCOUNT; AND AUTHORIZING PAYMENT (DISTRICT: 2) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE) ]
NUMBER FIVE, A RESOLUTION APPROVING A CONTRACT WITH RESTROOM FACILITIES LT LTD FOR THE PURCHASE AND INSTALLATION OF A RESTROOM FACILITY STRUCTURE AT SPARKS PARK THROUGH BUYBOARD FOR A TOTAL COST OF $243,772, APPROVING $31,228 FOR PROJECT RELATED COST APPROPRIATING FUNDS IN THE CDBG 2025 THROUGH 2026 PROJECT ACCOUNT AND AUTHORIZING PAYMENT.YEAH, AND I PULLED THIS, UH, JUST DUE TO THE FACT THAT THE LAST MEETING, UH, WE WANTED TO TABLE THIS SO THAT WAY WE COULD HAVE SOME MORE CONVERSATION ON, UH, JUST HOW THIS WAS BEING SPENT AND WHAT KIND OF FACILITY THAT WE'RE LOOKING AT.
AND I THINK AFTER TALKING TO ISAAC, ALSO THERE'S SOME PRESENTATION TO BE GIVEN.
YOU HAVE SOME INFORMATION ON THE, THE BLOCK GRANT FUND AND HOW IT PARTICULARLY PERTAINS TO THIS ITEM.
DO YOU, DO YOU HAVE THAT AVAILABLE OR LORI? OKAY, WE WILL.
SO, UH, ANYWAY, I JUST WANTED TO GIVE AN OPPORTUNITY TO, FOR THE UNDERSTANDING WHERE THE FUNDING IS COMING FROM THIS.
UH, AND I ALSO DO WANNA TALK ABOUT THE FACT THAT WE DID HAVE SOME CONVERSATION REGARDING THIS PARTICULAR ITEM AND WE THINK MOVING FORWARD, UH, THAT THERE MAY BE SOME BETTER
[00:20:01]
WAYS FOR US TO LOOK AT BEING ABLE TO DO THESE IN THE FUTURE, WHICH WE'RE GOING TO EXPLORE THOSE.UH, BUT THIS IS A TIME CONSTRAINT ISSUE AND THIS IS ALSO A FEDERAL FUNDING ISSUE THAT WE NEED TO GO AHEAD AND ADDRESS.
SO I JUST WANTED TO GIVE YOU AN OPPORTUNITY TO TALK ABOUT THAT.
COUNCILMAN BUR HOLDER, LAURIE WILLIAMS, PARKS AND RECREATION DIRECTOR.
UM, I'M GOING TO DO A SHORT PRESENTATION ABOUT THE RESTROOM.
WE HAVE DONE QUITE A BIT OF RESEARCH IN THE LAST TWO WEEKS, BUT I'LL JUST GO THROUGH QUICKLY.
UM, OUR STRATEGIC GOAL CONNECTION IS THE QUALITY OF LIFE IN PLACE.
WE'RE ALWAYS TRYING TO MAKE OUR PARKS, UH, THE BEST IN WEST TEXAS AND THE, AND THE COUNTRIES.
SO WE'RE LOOKING AT IMPROVING THE STRUCTURES.
WE DO HAVE THE PARK SPARKS PARK RESTROOM AS YOU SEE HERE.
UM, WE REQUESTED $275,000 IN THE 2026 CDBG FUNDING REQUEST.
UH, THIS FACILITY IS OUTDATED.
IT'S DIFFICULT TO MAINTAIN IT, IT DOESN'T MAIN, UH, MEET THE CURRENT A DA REQUIREMENTS.
THIS BUILDING IS ABOUT 40 YEARS OLD RIGHT NOW.
SO THE REQUEST IS $243,772 FOR THE COST OF THE BUILDING.
AND THEN WE HAVE A LOT OF PROJECT RELATED COST, AND THAT'S THE $31,228.
UH, THE CDB GEN CDBG FUNDING WAS AWARDED IN THE $275,000 AMOUNT FOR THIS PROJECT.
THE RELATED COST THAT $30,000 IS TO DEMO THE EXISTING STRUCTURE.
WE HAVE TO PREPARE THE BUILDING PAD TO BRING IN A NEW BUILDING.
WE NEED A NEW ELECTRICAL SERVICE.
WE HAVE TO MAKE PLUMBING CONNECTIONS.
AND THEN WE NEED TO DO A NEW WATER LINE BECAUSE, UH, WE HAVE TO SEPARATE IT FROM THE EXISTING IRRIGATION WATER, WATER METER, NEW WATER METER.
THIS IS THE NEW RESTROOM FACILITY WE'RE PROPOSING.
WE EXPECT THIS TO HAVE A LIFE EXPECTANCY OF 40 TO 50 YEARS.
UH, LIKE I SAID, THE EXISTING FACILITY IS 40 YEARS OLD.
THIS IS THE RESTROOM THAT WE JUST SET AT DUNNIGAN PARK.
SO THIS WILL BE IDENTICAL TO THIS RESTROOM.
IF YOU HAVE ANY INTEREST IN CHECKING THAT OUT, IT, IT IS THERE AT DUNGAN.
NOW, UH, WE HAVE DONE A LOT, LIKE I SAID, OF INVESTIGATION IN THE LAST TWO WEEKS.
THERE'S BASICALLY THREE POTENTIAL WAYS TO BUILD A BUILDING AT THE, AT THE PARK.
ONE IS ON SITE TURNKEY CONSTRUCTION, WHERE WE HAVE A CONTRACTOR THAT JUST FOLLOWS A SET OF PLANS TO BUILD A BUILDING ON SITE FROM THE GROUND UP.
THE SECOND OPTION IS TO DO KIT CONSTRUCTION WHERE YOU PURCHASE A BUILDING KIT, YOU BRING IT IN TO ONTO THE SITE, AND THEN YOU HIRE A SEPARATE CONTRACTOR TO ACTUALLY ASSEMBLY THAT KIT, UH, DO THE ASSEMBLY OF THAT KIT.
AND THEN THE WAY WE HAVE BEEN, UH, DOING A LOT OF OUR BUILDINGS IS A READY BUILT CONSTRUCTION.
THE BUILDING IS ASSEMBLED OFF SITE AND THEN IT'S BROUGHT IN ON A CRANE AND SET IN PLACE.
SO THESE ARE THE DIFFERENCES IN SOME OF THE COSTS WE LOOKED AT.
IT'S ACTUALLY PRETTY COMPARABLE.
SO TURNKEY CONSTRUCTION, UH, FROM THE, WE WORKED WITH A COUPLE OF DIFFERENT CONTRACTORS TO GET PRICES ON THIS, IT WOULD BE ABOUT A $300,000 BUILD AND ABOUT 15,000 IN COST BECAUSE THEY WOULD DO THEIR OWN BUILDING PADS.
SO THAT'S THE DIFFERENCE IN THE 30,000 AND THE 15,000.
WITH KIT CONSTRUCTION, IT'S VERY COMPARABLE TO THE COST OF READY BUILT CONSTRUCTION.
THEY'RE BOTH COMING IN AT ABOUT 275,000 FOR THIS EXACT BUILDING.
WE ALSO HAD DUNAWAY DO THIS SAME TYPE OF RESEARCH ON THESE SAME TYPE OF, UH, METHODS OF CONSTRUCTION.
AND THEIR NUMBERS WERE VERY SIMILAR.
WE LOOKED AT THREE DIFFERENT READY BELT CONSTRUCTION COMPANIES TO MAKE SURE WE WERE GOING WITH ONE THAT THAT WAS IN LINE WITH EVERYTHING ELSE.
AND, AND WE FEEL LIKE A RESTAURANT FACILITY UNLIMITED IS, IS DEFINITELY BROUGHT IN LINE WITH WHERE WE NEED TO BE.
THESE ARE SOME OTHER READY BUILT STRUCTURES IN PARKS.
UM, HOGAN PARK, WASHINGTON PLAYGROUND, RESTROOM, THE TWO CONCESSION BUILDINGS, THAT'S THE SPORTS COMPLEX.
MUG'S, RESTROOM, DENNIS THE MENACE DONE.
AGAIN, THESE ARE ALL RESTROOMS THAT HAVE BEEN PROVIDED IN A READY BUILT, UH, SITUATION AND IT'S WORKED WELL FOR US.
SO THE ACTION THAT WE NEED IS TO HAVE A RESOLUTION TO APPROVE THE CONTRACT.
I'M NOT GONNA READ ALL OF THAT AND LET ISAAC COME UP AND ANSWER ANY CDBG QUESTIONS YOU MIGHT HAVE.
ISAAC, IF YOU WOULD JUST GIVE US A LITTLE SUMMARY OF THE TIMELINE ON THE FUNDS ASSOCIATED WITH THIS AND HOW THAT WORKS.
ISAAC GARNETT COMMUNITY DEVELOPMENT? YES.
UH, FEDERAL FUNDS ARE ON A FISCAL CYCLE FROM OCTOBER ONE TO SEPTEMBER 30TH.
C DBGS FUNDS FALL WITHIN THAT.
NORMALLY OUR FUNDS, WE GET A FUND LETTER OCTOBER ONE OR SOMEWHERE THERE CLOSE BY, UH, THIS YEAR, RECEIVED OUR FUND LETTER IN JANUARY THE EIGHTH.
WE HAVE A TIMELINESS TEST ON AUGUST THE SECOND.
I HAVE NOT RECEIVED ANY CORRESPONDENCE OR ANY LETTER THAT WOULD, WOULD, WOULD MOVE THAT DATE.
SO THAT GIVES US LESS TIME TO SPEND A CERTAIN AMOUNT OF MONEY WITHIN THE, THAT PERIMETER.
THAT IS ONE OF THE REASONS THAT WE ARE, WOULD LIKE TO MOVE FORWARD WITH THIS.
ANY QUESTIONS FROM COUNSEL OR ANY FURTHER DISCUSSION? NO, I APPRECIATE Y'ALL DOING THE RESEARCH AND THEN AGAIN, WE'RE GONNA CONTINUE TO, TO LOOK FOR SOME OF THESE ALTERNATIVES AND, AND AS THEY COME ABOUT, BUT I APPRECIATE THE RESEARCH THAT Y'ALL DID ON THIS.
THANK YOU FOR THE OPPORTUNITY.
AND I DON'T HAVE A QUESTION, BUT I DO HAVE A COMMENT.
I, UH, I APPRECIATE YOU GUYS GETTING ON THESE BATHROOMS AND STUFF BECAUSE THAT 40, 50 YEARS IS WAY OVERDUE, UH, FOR A LOT OF THESE SPOTS.
AND SO, UH, I APPRECIATE Y'ALL WORKING ON THOSE ON ALL OF OUR LOCAL PARKS.
[00:25:01]
I THINK COUNCIL MEMBER NORMAN'S, RIGHT, WE DEFINITELY NEED THESE BATHROOMS, BUT I THINK SOME GOOD QUESTIONS WERE ALSO BROUGHT UP LAST TIME FROM COUNCIL MEMBER BERKHOLDER ABOUT, ESPECIALLY WHEN NEW HOMES ARE BEING BUILT FOR THAT, WHY WE'RE JUST GETTING RESTROOMS. SO I THINK AS LONG AS WE'RE MOVING FORWARD AND LOOKING AT THAT IN THE FUTURE AND MAKING SURE WE'RE SMART WITH THE FUNDS AND I, I DON'T WANNA JUST SPEND IT JUST BECAUSE WE HAVE TO, WE NEED TO BE SMART ABOUT IT AS WELL.SO I'LL VOTE FOR IT TODAY, BUT I WANNA MAKE SURE WE LOOK, WE LOOK AT IT DIFFERENTLY IN THE FUTURE.
AND I THINK THAT THERE'S SEVERAL THINGS LIKE THAT WHERE WE HAVE THESE FEDERAL CYCLES WHERE WE KNOW THINGS ARE COMING.
WE NEED TO, WE NEED TO HAVE A GAME PLAN, A CAPITAL IMPROVEMENT PLAN, UM, FOR THOSE KINDS OF FUNDS AS WELL.
SOMETIMES WE GET MORE OR LESS MONEY THAN WE THOUGHT.
USUALLY LESS MONEY THAN WE THOUGHT ON THOSE.
UM, BUT WE NEED TO HAVE A PLAN FOR HOW WE WILL SPEND THOSE, UM, GOING FORWARD.
SO WE'LL, WE'LL DO SOME ADDITIONAL WORK ON THAT FOR NEXT YEAR.
ALRIGHT, SO WITH THAT, WE'LL LOOK FOR YOUR ACTION.
I'LL MOTION TO APPROVE A MOTION FROM COUNCILMAN BURKHOLDER AND A SECOND FROM COUNCILMAN NORMAN.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUS, PLEASE.
[16. 013-2026 - MOTION APPROVING, WITH STAFF'S RECOMMENDED CONDITIONS, A PRELIMINARY PLAT OF ANTELOPE RIDGE, BEING A 225.28-ACRE TRACT OF LAND OUT OF SECTIONS 13, 14, 23, AND 24, BLOCK 40, T-2-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF WEST COUNTY ROAD 130, APPROXIMATELY 1,120 FEET NORTH OF WEST COUNTY ROAD 135) (EXTRATERRITORIAL JURISDICTION) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
ITEM NUMBER 16, WHICH IS THAT CORRECT? YEAH.UM, A MOTION APPROVING WITH STAFF'S RECOMMENDED CONDITIONS.
A PRELIMINARY PLAT OF ANTELOPE RIDGE BEING A 225.28 ACRE TRACT OF LAND OUT OF SECTIONS 13 14, 23 AND 24 BLOCK 40 TOWNSHIP TWO SOUTH TNP RAILROAD COMPANY SURVEY, MIDLAND COUNTY, TEXAS, GENERALLY LOCATED ON THE WEST SIDE OF WEST COUNTY ROAD ONE 30, APPROXIMATELY 1,120 FEET NORTH OF WEST COUNTY ROAD 1 35.
SO AS MENTIONED, THIS IS, UH, AN ITEM FOR A PRELIMINARY PLAT THAT'S OUT THE ETJ.
IT'S IN THE SOUTH SOUTHWEST PART OF THE ETJ.
UM, THIS REQUESTED BY TABACK DEVELOPMENT, UM, ON THE WEST SIDE OF WEST COUNTY ROAD ONE 30.
AND THEY ARE PLATTING FOR RESIDENTIAL DEVELOPMENT.
ACREAGE OF THIS PLAT IS 225 ACRES.
UM, IT'S CURRENTLY NOT PLATTED.
UM, THEY'RE PROPOSING 65 RESIDENTIAL LOTS, ABOUT TWO TO THREE ACRES EACH.
THE LAND IS CURRENTLY VACANT, UM, BUT IT HAS SOME COMMERCIAL USES TO THE EAST AND TO THE SOUTH.
AND THE COMPREHENSIVE PLAN DOESN'T DESIGNATE THIS AREA.
SO THERE'S NOTHING REALLY TO SAY ABOUT THE POLICIES OF THE COMPREHENSIVE PLAN HERE.
WE DID RECEIVE, UH, TWO LETTERS OF OBJECTION.
UM, ONE OF THEM WAS A PETITION THAT WAS SIGNED BY 34 PEOPLE, UM, ASSOCIATED WITH A 28 BUSINESSES NEARBY.
AND THEY VOICE CONCERNS ABOUT LAND USE, COMPAT COMPATIBILITY, UM, AS WELL AS TRAFFIC CONCERNS.
HOWEVER, IT'S IMPORTANT TO, I JUST WANNA BE CLEAR THAT EVEN THOUGH WE RECEIVED OBJECTIONS, THESE AREN'T COUNTED TOWARDS ANY KIND OF PERCENTAGE OR ANYTHING.
UM, SO IT WON'T, IT WON'T TRIGGER ANY KIND OF SUPER MAJORITY VOTE OR ANYTHING LIKE THAT.
WE JUST WANTED TO SHARE WITH YOU THE CONCERNS THAT HAVE BEEN BROUGHT TO US AND THE PLANNING ZONING COMMISSION DID APPROVE THIS, UH, REQUEST ON FEBRUARY 2ND.
AND, UH, WE RECOMMEND APPROVAL, SUBMIT TO THE BELOW CONDITIONS.
HAPPY TO ANSWER ANY QUESTIONS.
WILL YOU DELINEATE THE CONDITIONS? SURE.
SO THE CONDITION, UH, CONDITION A HERE JUST REQUIRES, UH, THE PLAT TO BE APPROVED BY YOU CITY COUNCIL, AND THAT'S, THAT'S A TYPICAL CONDITION WE PUT ON THERE.
UM, ANOTHER ONE IS THE APPROVAL, UM, IS CONDITIONED UPON THE PUBLIC IMPROVEMENTS BEING COMPLETED OR APPROVAL, UM, BEFORE THE APPROVAL OF THE FINAL PLAT.
UM, EITHER THAT OR THEY HAVE TO REQUEST A DEFERRAL IN ORDER FOR THAT TO BE APPROVED.
UM, AND THEN CONDITION C HERE IS JUST, IT'S MORE OF A CATCHALL COMMENT TO ACCOUNT FOR ANY KIND OF SMALL, UM, REVISIONS THAT NEED TO BE MADE.
THINGS LIKE SPELLING OR, UM, A NOTE THAT NEEDS TO BE PUT ON THE PLAT OR ANYTHING LIKE THAT.
AND, UM, THAT'S IT, THAT'S ALL THE CONDITIONS.
LANDON TALK ABOUT THE WATER INFRASTRUCTURE FOR THIS PARTICULAR DEVELOPMENT.
SO THEY'RE USING GROUNDWATER GIVEN THAT IS, IT IS IN THE ETJ.
UM, THEY DID SUBMIT THE, UM, THE, UH, NECESSARY DOCUMENTATION, WHICH IS CERTIFICATION OF GROUNDWATER.
THEY TO SUBMIT RE UM, UH, UH, STAMPED BY A REGISTERED, UH, GEOSCIENTIST.
AND SO THEY DID MEET THE STATE REQUIREMENTS FOR THAT.
AND, UM, THEREFORE THE PLAT MEETS ALL REQUIREMENTS AND HAS TO BE APPROVED.
YOU KNOW, I THINK SOME OF THE BIGGEST CONCERNS WITH THESE LARGE DEVELOPMENTS HAVE BEEN, AND I, AND I COMPLETELY AGREE WITH TRAFFIC, ANYTIME YOU HAVE, UH, SOMETHING OF THIS SIZE, IT'S GOING TO, IT'S GONNA PUT BURDEN ON, ON THE, ON THE CURRENT INFRASTRUCTURE FOR, FOR TRAFFIC AND, AND LOTS OF OTHER THINGS AS WELL.
BUT THE, THE BIGGEST THING FOR ME IS, IS THE WATER SITUATION.
I THINK WE'VE ALREADY RAN INTO SEVERAL SITUATIONS WHERE, I MEAN, GRANTED, YOU KNOW, YOU CAN GET A, A CERTIFICATION STAMP THAT, UH, SOMEBODY HAS, HAS APPROVED THAT THERE IS ENOUGH GROUNDWATER THERE.
[00:30:01]
SEEN PLENTY OF CASES WHERE THAT NECESSARILY DIDN'T TURN OUT TO BE VERY ACCURATE.AND WE'VE HAD THIS CONVERSATION MULTIPLE TIMES WHERE THERE'S UNKNOWN VARIABLES, UM, EVEN IN, IN SOME OF THAT DATA, WHICH YOU JUST CAN'T ACCOUNT FOR.
AND SO IT MAKES IT VERY DIFFICULT WHENEVER WE'VE SEEN A MULTITUDE OF TIMES.
IN FACT, WE HAVE AN ITEM THAT WE'LL BE TALKING ABOUT HERE IN A MINUTE THAT WAS A, A DIRECT CONSEQUENCE OF THAT SAME THING WHERE WATER WAS SUPPOSED TO BE THERE AND THEN WAS NOT.
AND THEN WE ENDED UP WITH RESIDENTS THAT, UH, DID NOT HAVE WATER AND WERE BURDENED.
AND WE'VE SEEN THAT OVER AND OVER AND OVER AGAIN AS OUR WATER SUPPLY IN THIS AREA CONTINUES TO GET SMALLER AND SMALLER AND SMALLER AS MORE PEOPLE COME IN.
SO ANYWAY, THAT JUST SOME OF MY BIGGEST CONCERN REGARDING THAT.
SORRY, CARL CRAIGO, I JUST WANTED ONE CLARIFICATION.
THIS, THIS ANTELOPE FIELD, THIS GAC WAS SIGNED BY A PE A PROFESSIONAL ENGINEER, NOT A PG JUST SO EVERYBODY KNOWS.
I, I HAVE A QUESTION, UH, UH, KIND OF PIGGYBACKING ON, UH, WHAT COUNCILMAN BURKE HOLDER WAS SAYING.
UM, ARE THERE ANY OTHER, UH, SUREFIRE WAYS TO, I MEAN, WE, WE SAYING THAT THERE IS WATER THERE AND THEN WE HAVE PEOPLE NOT HAVING WATER.
SO LIKE WHAT IT, IS THERE SOMETHING THAT WE CAN DO THAT TO? SO THE WAY A LOT OF THESE DEVELOP EACH LOT IS GETTING THEIR OWN WATER.
WELL, THE ONLY REAL SUREFIRE WAY WOULD BE IF THE GROUP DEVELOPED A PUBLIC WATER SYSTEM AND THEN THEY'RE REGULATED BY THE TCEQ.
SO THEY'RE FORCED TO BRING THE WATER AND MAKE SURE THE WATER'S GOOD WITH THESE STYLE DEVELOPMENTS.
WHEN THEY JUST PUT A WATER WELL ON EACH INDIVIDUAL LOT, THEY DON'T HAVE TO FORM A PUBLIC WATER SYSTEM.
WHOEVER BUYS THAT LOT, IT'S GONNA BE ON THAT LANDOWNER TO ENSURE THEY HAVE WATER FOR THEIR MORTGAGE LIFE.
SO WE'VE DISCUSSED THIS AT LENGTH WITH OTHER PROJECTS, UM, AND I DON'T WANNA BELABOR IT HERE, BUT THE, THE FRUSTRATION IS WE ARE, WE ARE RESTRICTED FROM BEING ABLE TO PROVIDE MUNICIPAL WATER TO THESE AREAS.
AND YET WE ARE BEING ASKED TO APPROVE THIS WHEN WE HAVE NO SURETY, THAT THEY WILL HAVE WHAT THEY NEED TO BE SUCCESSFUL.
AND SO THAT'S, IT'S NOT THAT I'M OPPOSED TO ADDITIONAL HOUSING HERE, IT'S THAT WE ARE BEING ASKED TO SIGN OFF ON SOMETHING AND BE COMPLICIT IN SOMETHING THAT WE CAN'T ACTUALLY, UH, DELIVER ON IN THE FUTURE IF THEY REMAIN OUTSIDE THE CITY LIMITS.
AND SO THAT'S THE SPOT THAT THESE SORTS OF ITEMS PUT US IN.
UM, AND IT'S WHY I'VE VOTED AGAINST SOMETHING LIKE THIS IN THE PAST AND IT'S WHY I PROBABLY WILL NOT BE SUPPORTING THIS ONE BECAUSE WE CAN'T BE, WE CAN'T PROVIDE WHAT THEY NEED.
AND SO, UM, NICHOLAS, COULD YOU TALK TO US A LITTLE BIT ABOUT THE LEGAL RAMIFICATIONS OF THIS AND HOW THE STATE HAS STATE HAS THIS STRUCTURED? YES.
SO THE, THE ONLY REGULATION THAT, THAT A MUNICIPALITY HAS WITH RESPECT TO A PLAT IN, IN THE ETJ, IS TO REQUIRE THE CERTIFICATION OF A PROFESSIONAL ENGINEER OR A GEOSCIENTIST STATING THAT THERE IS SUFFICIENT GROUNDWATER TO SERVICE, UH, THE DEVELOPMENT OUTSIDE OF THAT, THE CITY OF MUNICIPALITY CANNOT REQUIRE ANY ADDITIONAL, UH, INFORMATION, ANY ADDITIONAL STUDIES, ANY, THEY CAN'T SECOND GUESS THE STUDIES IF, IF THE, IF THE GEOSCIENTIST OR THE PROFESSIONAL ENGINEER IN, IN THEIR, UH, PROFESSIONAL OPINION STATES THAT THERE IS SUFFICIENT GROUNDWATER, AND THE CITY HAS TO TAKE THAT ON ITS FACE VALUE.
NOW, IF THERE ARE NO LEGAL REASONS FOR TO, TO JUSTIFY THE DENIAL OF, OF THIS PLAT, UM, THEN THE COUNCIL IS REALLY FACED WITH TWO OPTIONS.
THEY CAN EITHER APPROVE IT OR THEY CAN NOT ACT ON THE PLAT.
THE END RESULT IS GONNA BE EXACTLY THE SAME.
IF THE CITY COUNCIL APPROVES IT, WELL THEN THE PLATT'S APPROVED.
AND IF THE CITY COUNCIL DOESN'T APPROVE IT AND DOESN'T ACT ON IT, THEN IT'S APPROVED BY OPERATION OF LAW.
SO WE HAVE NO OPPORTUNITY HERE TO DO ANYTHING.
THAT IS THAT IF THERE'S, IF THERE'S NO LEGAL BASIS TO, WHICH, UH, I'M AWARE OF, THERE ISN'T AS FAR AS THIS PLATT'S CONCERNED, UH, PLANNING AND DEVELOPMENT SERVICES HAVE NOT IDENTIFIED ANY REASON, UH, THAT THE CITY CAN DENY THIS PLAT BECAUSE IF A CITY DENIES A PLAT, IT MUST STATE SPECIFICALLY THE LEGAL REASONS WHY A PLAT WAS DENIED.
IF WE CANNOT DO THAT, THEN WE'RE STUCK IN THE SITUATION THAT I PREVIOUSLY STATED.
EITHER WE CAN GO AHEAD AND APPROVE IT OR NOT ACT ON IT.
AND I, I THINK THAT THIS IS, WE NEED TO PLACE THIS CALL PUBLICLY HERE IN THIS MEETING AND THEN HAVE FURTHER CONVERSATION WITH THE STATE LEGISLATURE TO SAY, WEST TEXAS HAS A WATER NEED AND WE DON'T NEED TO BE COMPELLED TO PASS THESE SORTS OF THINGS.
WHEN WE HAVE CONCERNS ABOUT FUTURE WATER AVAILABILITY FOR SOME OF THESE AREAS IN THE COUNTY, UM, THEY'VE NOT GIVEN US THE ABILITY TO RULE ON THAT OR TO ACT ON IT.
AND SO WE NEED THE LEGISLATURE TO MAKE SOME CHANGES TO SUPPORT THE PEOPLE WHO WILL BUY THESE HOMES IN THE FUTURE.
AND, AND, AND I WILL SAY AS A COUNCIL, THAT'S SOMETHING THAT WE'VE ACTIVELY PURSUED WITH OUR STATE LEGISLATORS AS WELL, IS BRINGING UP THIS CONVERSATION AND IT'S, LOOK, I, I DON'T EVER WANT TO STOP
[00:35:01]
SOMEBODY FROM DEVELOPING THEIR LAND AND, YOU KNOW, THAT IS, THAT IS THEIR LAND.BUT IN THE SAME TOKEN, AGAIN, WHENEVER WATER IS SUCH A BIG CONCERN AND WE ARE COMPLETELY HAMSTRUNG FROM BEING ABLE TO DO WHAT WHAT WE THINK IS BEST, UM, DUE, DUE TO THE WAY THAT IT'S STRUCTURED AT THE MOMENT, THEN THAT'S SOMETHING THAT WE'LL CONTINUE TO PETITION FOR AND MAKE SURE THAT WE DO OUR BEST WITH, UH, TRYING TO CHANGE THINGS IN THE FUTURE SO THAT WAY WE CAN ASSURE PEOPLE HAVE THE WATER THAT THEY NEED.
AND I WILL SAY ALSO OUR, OUR LOCAL LEGISLATORS HAVE BEEN VERY RECEPTIVE TO THOSE CONVERSATIONS THEY HAVE, BUT WE'RE GONNA NEED THE STATE TO PAY ATTENTION TO THIS.
UM, SO WE'LL CONTINUE THOSE CONVERSATIONS FROM US TO THOSE LEGISLATORS.
BUT WE, I BELIEVE THAT THE COMMUNITY NEEDS TO REACH OUT AS WELL.
BUT I WOULD JUST LIKE TO SAY, SO THE, TO BUILD ON THIS, THE, I THINK THE, THE PURPOSE OF THIS COUNCIL IS TO MAKE SURE EVERYTHING IS DONE, QUALITY AND HEALTH AND EVERYTHING ELSE.
AND THIS IS A REALLY STRANGE THING THAT WE'VE DEALT WITH BEFORE WHERE WE CAN'T DO THAT.
UM, AGAIN, THERE'S NO WRONGDOING ON THIS STUDY, BUT JUST HISTORY TELLS US THOSE AQUIFERS CHANGE THE REFILL RATES AREN'T, ARE REQUIRED.
UH, WHICH I THINK IS A VERY BIG ISSUE THAT WE DON'T KNOW HOW FAST THOSE AQUIFERS REFILL.
AND SO ADDING 65 HOMES ON AN AQUIFER THAT WE'VE HAD PROBLEMS WITH IN THE PAST THAT WE DON'T KNOW THE REFILL RATE, YOU KNOW, WE ARE NOT ALLOWED TO ACTUALLY MAKE SURE THESE ARE QUALITY BUILT AND THAT CITIZENS HAVE WHAT THEY NEED.
AND LIKE I SAID, I THINK THIS IS A, A BIG CONCERN, UM, THAT WE REALLY DO NEED TO FIND A BETTER WAY TO ADDRESS.
AND IT, IT'S, THERE'S NO WRONGDOING.
AND AGAIN, I'M ALL ABOUT GROWTH.
UM, BUT IT HAS TO BE QUALITY, WELL THOUGHT THROUGH GROWTH.
AND THIS, THIS CAUSES A PROBLEM WITH TRYING TO GET SERVICES THAT EVERYBODY NEEDS.
SO MY QUESTION WAS, HAVE WE TALKED ABOUT ANNEXATION OF THIS PROPERTY AT ALL? IS THAT EVEN, I KNOW THEY HAVE TO COME REQUEST IT, BUT NO, THERE HAVEN'T BEEN ANY DISCUSSIONS ON ANNEXING THIS PROPERTY.
WHEN WE DO GET GACS THAT ARE CLOSE TO THE CITY, I DO SUGGEST THAT TO THE DEVELOPERS, WE'LL BE HAVING ONE COMING TO COUNCIL SOON.
UM, WHERE THEY DON'T WANT TO ANNEX EVEN THOUGH THEY COULD.
SO THEY'RE GONNA BE USING THE GAC.
THERE'S JUST ONE THING I WANTED TO ADD.
SO WHEN THE, WHEN WE REVIEW THESE GACS, WE DON'T APPROVE THEM AS A CITY, WE, UH, CONCUR THAT THEY'RE FILLED OUT THE STATE REQUIREMENTS.
UM, THIS ONE SPECIFICALLY HAD TO GO BACK THREE TIMES TO GET FILLED OUT CORRECTLY.
UM, JUST SO WE'RE NOT APPROVING THEM, WE'RE JUST MAKING SURE THEY'RE FILLED OUT AS THE STATE REQUIRES.
WELL, AND I APPRECIATE STAFF DOING THAT AS WELL AND WE NEED TO ENSURE THAT ALL THAT PAPERWORK IS FILLED OUT AS IT SHOULD BE.
MY ISSUE WITH THIS IS THAT THE CONNECTIONS ARE VERY EXPENSIVE.
HOW FAR AWAY IS THE CONNECTION FROM WHERE THEY'RE AT TO THE CLOSEST CITY PIPELINE? DO YOU NO.
DO YOU HAVE THIS ON A MAP BY ANY CHANCE? LAND? I, I DON'T KNOW WHERE THIS IS OFF TOP OF HEAD.
IT'S NOT CON CONTINUOUS TO CITY LIMITS.
SO EVEN IF THEY WANTED TO ANNEX, WE COULDN'T DO THAT.
SO MY ISSUE IS THAT, YOU KNOW, WE HAVE OTHER DEVELOPMENTS BEGGING TO JOIN THE CITY AND GET ON THE WATER THAT THE CITY PROVIDES AND THAT COSTS ALL TAXPAYERS ACROSS THE CITY MONEY FOR OTHER PEOPLE'S MISTAKES.
AND THAT'S MY ISSUE WITH THAT.
SO, UM, I, I WOULD BE OPPOSED TO THIS AS WELL AND I WOULD HOPE THAT WE JUST DON'T TAKE AN ACTION.
SO WE DO HAVE SOME REQUESTS TO SPEAK ON THIS.
IF I MAY ADD, UM, AS CARL HAS POINTED OUT, OR I THINK LANDON POINTED OUT, ANNEXATION HAS TO BE VOLUNTARY.
SO THAT'S THE ONE HURDLE AND THAT THAT WAS A STATE LEGISLATIVE CHANGE.
THE OTHER STATE LEG LEGISLATIVE CHANGE THAT THE MAYOR POINTED OUT AND OTHER COUNCIL MEMBERS POINTED OUT IS THE FACT THAT THIS IS CROSS, THIS GOES CROSS PURPOSES AGAINST PROPERTY RIGHTS AND A PUBLIC SAFETY ISSUE THAT YOU ALL HAVE POINTED OUT.
SO IT'S DEFINITELY SOMETHING THAT NEEDS TO BE TAKEN UP AT THE STATE LEGISLATURE BECAUSE THE COUNCIL IS NOT REMOVING ANY PROPERTY RIGHTS OR THAT'S NOT, THAT'S NOT THE ISSUE AT HAND.
THE ISSUE AT HAND IS THE PUBLIC SAFETY CONCERN.
AND THEN YOU HAVE THE MOST RECENT EXAMPLE ON TODD ROAD.
UH, BECAUSE OF THE GOOD PLANNING BY THIS COUNCIL, WE WERE ABLE TO GET $26 MILLION FROM THE STATE IN ORDER TO COMPLETE THAT, THAT WORK AND GET THAT OVERPASS DONE.
AND THAT ALLOWED US TO SAVE SOME MONEY AND WE ACTUALLY, I BELIEVE SAVED 2 MILLION TO DO THE UNDERGROUNDING WORK TO GET THAT WATER TO THE NORTHEAST LEVEL, UH, NORTHEAST SECTION.
I BELIEVE THAT'S WHAT COUNCILMAN LAD WAS REFERRING TO.
AND THAT IS COSTING US, UH, RATE PAYERS ROUGHLY $3 MILLION IN ORDER TO GET THAT WATER TO, TO THAT SITE.
BUT IT JUST MADE SENSE GIVEN WHAT WE WERE ABLE TO GET FROM THE STATE IN ORDER TO DO THAT AT THIS PARTICULAR TIME.
SO THAT'S AN APPROXIMATE NUMBER IN TERMS OF 3 MILLION.
IT COULD BE A LITTLE BIT MORE, IT COULD BE A LITTLE BIT LESS AND THAT IS GOING TO TAKE CARE OF A PROBLEM THAT WAS ALMOST 50 YEARS IN THE MAKING AND IT WAS AN ANNEXATION THAT WAS DONE IN THE EIGHTIES THAT THE COUNCIL ADDRESSED.
SO I WANTED TO POINT THAT OUT BECAUSE THAT'S THE REASON WHY SOME PEOPLE ARE LISTENING.
THAT'S THE REASON WHY Y'ALL HAVE, UM, SAID WHAT YOU'VE SAID UP TO THIS POINT.
AND I, SEVERAL PEOPLE HAVE SAID IT, BUT I WANNA RESTATE IT.
WE'RE NOT CALLING IN INTO QUESTION THE ENGINEERS OR THE DEVELOPERS OR ANYBODY HERE.
UM, IT'S REALLY JUST A STATE PROCESS THAT FORCES OUR HAND WHEN WE HAVE NO ACTUAL OPPORTUNITY TO MAKE SURE THAT
[00:40:01]
IT'S RIGHT.SO WITH THAT, I DO WANT TO INVITE, UM, JAVIER FERNANDEZ TO COME AND MAKE PUBLIC COMMENT AT THIS TIME.
IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.
UH, ADDRESS ON THERE OR THAT ADDRESS? THIS IS FINE.
IF YOU DON'T CHOOSE TO GIVE IT, THAT'S FINE.
I, UH, 67 0 1 EAST COUNTY ROAD 57.
SO I FIRST WANTED TO START OFF THAT I UNDERSTAND UNDER TEXAS LOCAL GOVERNMENT CODE CHAPTER 2 1 2 CITIES ARE REQUIRED TO APPROVE SUBDIVISIONS THAT MEET ALL STATE AND LOCAL REQUIREMENTS, INCLUDING DRAINING DRAINAGE STUDIES, ROADWAY ACCESS, EASEMENT ROADS FOR UTILITIES.
I AM HERE TO BE ON RECORD OPPOSING ANTELOPE RIDGE APPLICATION P 1 25 24 DASH 51 FOR ITS USE AS RESIDENTIAL DEVELOPMENT AND REPRESENTING NOT ONLY MYSELF BUT 25 COMPANIES ALONG ANTELOPE TRAIL.
YOU GUYS SHOULD HAVE A COPY OF THE EMAIL AND ALL PETITIONERS THAT SIGNED AND COMPANIES LISTED.
I HAVE SPOKE WITH PLANNING AND ZONING COUNTY COMMISSIONERS COURT AND CITY CITY MIDLAND LEADERSHIP ON THIS MATTER ALL TOLD ME TO GO ON RECORD OPPOSING THIS PLAT.
SO, YOU KNOW, I'VE BEEN GOING OUT THERE, I'VE BEEN GETTING SIGNATURES ON THIS PETITION AND WHAT A LOT OF CONCERNS ARE, YOU KNOW, EVERYTHING OUT THERE RIGHT NOW IS INDUSTRIAL COMMERCIAL, A LOT OF NEW BUILDINGS, A LOT OF NEW COMPANIES AND THEY HAVE LOUD NOISES, YOU KNOW, PEOPLE PAINTING OUTSIDE AND WE KIND OF JUST DON'T WANT THAT TO INTERFERE WITH OUR INDUSTRY.
SO THAT'S ALL I GOT TO SAY AND I APPRECIATE YOUR GUYS' TIME.
ALRIGHT, WE ALSO HAVE SEVERAL REQUESTS TO SPEAK CARDS FROM REPRESENTATIVES OF THE APPLICANT.
UM, THEY ALL CHECK THE BOX THAT YOU WISH TO SPEAK ONLY IF NEEDED.
SO I THINK WE'VE DELINEATED THAT THIS WILL BE A APPROVED BY A RULE OF LAW IF WE TAKE NO ACTION OR WE WILL APPROVE IT.
SO DOES ANYBODY HAVE ANY DESIRE TO SPEAK? ANY OF YOU THAT FILLED THOSE OUT? ALRIGHT, SEEING NONE THEN WE WILL LOOK FOR FURTHER COMMENT OR ACTION FROM COUNCIL MEMBERS.
ALRIGHT, SEEING NO ACTION, WE WILL MOVE FORWARD TO
[18. 2026-035 - A RESOLUTION SUPPORTING THE PROPOSED DEVELOPMENT OF LIHTC 78 AFFORDABLE HOUSING RENTAL APARTMENTS WITH GROUND FLOOR COMMERCIAL AND RETAIL SPACE, AND CONFIRMING THAT THE CITY SHALL PROVIDE A LOAN, GRANT, REDUCED FEE OR CONTRIBUTION OF $500.00 FOR SUCH DEVELOPMENT; THE APPLICANT IS OVERLAND PROPERTY GROUP, LLC D/B/A CENTENNIAL PARK LOFTS APARTMENTS; THE PROPOSED DEVELOPMENT IS LOCATED AT 401 WEST TEXAS AVENUE, MIDLAND, TEXAS 79701; PROVIDING AN EFFECTIVE DATE; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO DELIVER A CERTIFIED COPY OF THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AND DELIVER A FUNDING COMMITMENT LETTER REGARDING THE PROPOSED DEVELOPMENT TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (DISTRICT: 3) (DEVELOPMENT SERVICES - COMMUNITY SERVICES) (QUALITY OF LIFE AND PLACE) ]
ITEM NUMBER 18, A RESOLUTION SUPPORTING THE PROPOSED DEVELOPMENT OF L-I-H-T-C 78 AFFORDABLE HOUSING RENTAL APARTMENTS WITH GROUND FLOOR, COMMERCIAL AND RETAIL SPACE AND CONFIRMING THAT THE CITY SHALL PROVIDE A LOAN GRANT REDUCED FEE OR CONTRIBUTION OF $500 FOR SUCH DEVELOPMENT.UH, THE APPLICANT IS OVERLAND PROPERTY GROUP, L-L-C-D-B-A CENTENNIAL PARK LOFTS APARTMENTS.
THE PROPOSED DEVELOPMENT IS LOCATED AT 4 0 1 WEST TEXAS AVENUE, MIDLAND, TEXAS 7 9 7 0 1, PROVIDING AN EFFECTIVE DATE AUTHORIZING AND DIRECTING THE CITY SECRETARY TO DELIVER A CERTIFIED COPY OF THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AND DELIVER A FUNDING COMMITMENT LETTER REGARDING THE PROPOSED DEVELOPMENT TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS.
HELLO, MY NAME IS APRIL ANGSTROM.
I'M THE DIRECTOR OF DEVELOPMENT FOR OVERLAND PROPERTY GROUP.
WE ARE A RESIDENTIAL HOUSING FIRM THAT'S BEEN, UH, OPERATING SINCE 2002 ACROSS THE MIDWEST, COLORADO, TEXAS.
UH, WE STARTED WORKING IN TEXAS FOR THE FIRST TIME IN 2011 AND SINCE THEN WE'VE UH, BUILT UP OUR BIGGEST FOOTPRINT IN THE STATE OF TEXAS.
SO OUT OF ALL THE OTHER STATES, INCLUDING OUR HOME STATE OF KANSAS, WE HAVE THE MOST COMMUNITIES IN TEXAS.
UM, SO I'M HERE TODAY TO REQUEST A RESOLUTION OF SUPPORT FROM CITY COUNCIL, UH, FOR TAX CREDIT FOR A TAX CREDIT FUNDING APPLICATION THAT WOULD ALLOW US TO DO A HISTORIC ADAPTIVE REUSE OF THE BUILDING LOCATED AT 4 0 1 WEST TEXAS AVENUE.
UH, IT WAS ORIGINALLY I THINK THE MIDLAND NATIONAL BANK AND THEN THE MIDLAND CHARMS BUILDING.
UH, SO OUR PLANS WOULD ENTAIL A HISTORIC REHAB WORKING THROUGH NATIONAL PARK SERVICES AND UTILIZING FEDERAL AND STATE HISTORIC TAX CREDITS.
UM, AND THEN WE'D ULTIMATELY BE DEVELOPING 78 UNITS OF STUDIOS, ONE AND TWO BEDROOMS AND THEN WE WOULD HAVE AMPLE COMMERCIAL SPACE.
SO THE REALLY COOL THING ABOUT THIS BUILDING IS THAT IT'S BIG ENOUGH TO, UH, HAVE COMMERCIAL SPACE.
WE HAVE OVER 12,000 SQUARE FEET AND FOUR SEPARATE COMMERCIAL SPACES PLANNED AS OF NOW.
UM, SO IT'S NEAT BECAUSE FIRST OF ALL, I THINK HISTORIC RECAPS ARE KIND OF THE ULTIMATE FORM OF RECYCLING.
UM, AND YOU CAN'T REALLY CONSTRUCT TO THE QUALITY AND STANDARDS THAT THEY USED TO BACK IN THE DAY.
SO IT'S REALLY EXCITING TO BE ABLE TO, UM, PRESERVE HISTORIC ARCHITECTURE 'CAUSE IT'S FINITE.
UM, BUT THEN ALSO TOO I THINK THAT THIS WOULD REALLY MEET THE CITY'S OBJECTIVES AND GOALS FOR DOWNTOWN HAVING THAT MIXED USE COMPONENT.
SO YOU'RE HITTING THE HOUSING AND COMMERCIAL SPACE
[00:45:01]
ASPECT AS WELL.SO I JUST WANNA INTRODUCE MYSELF AND ASK IF, YOU KNOW, SEE IF ANYONE HAD ANY QUESTIONS.
I, I WAS WONDERING HOW YOU'RE GONNA ADDRESS PARKING CONCERNS MM-HMM
AND KNOW THAT THERE HAVE BEEN SOME FOLKS WHO'VE TRIED TO DO THINGS WITH IT.
AND SO WHAT'S YOUR PLAN FOR PARKING? YEAH, I KNOW THAT IS THE ONE, UH, THE ONE RUB BUT THERE IS THE OMNI GOING DOWN OR GOING IN ACROSS THE STREET AND I'VE UH, REACHED OUT TO THE DEVELOPER LEADING THAT PROJECT SO WE CAN, YOU KNOW, WE HOPE TO DISCUSS SOON PARKING OPTIONS THERE.
AND THEN THERE'S ALSO A SMALL PARKING LOT ADJACENT IMMEDIATELY ADJACENT TO THE BUILDING.
UM, SO DISCUSSIONS LIKE ON A PARKING LEASE OR UM, PURCHASE IS A POSSIBILITY THERE.
BUT THE GOOD NEWS IS, IS THAT, YOU KNOW, WE SUBMIT APPLICATIONS THIS COMING FRIDAY AND THEN WE DON'T FIND OUT UNTIL THE END OF JULY IF WE WERE AWARDED FUNDING.
UM, SO THERE'S AMPLE TIME TO FIGURE OUT THAT THAT COMPONENT SINCE IT'S OBVIOUSLY VERY IMPORTANT FOR ANY COMMERCIAL SPACE OR HOUSING.
WILL YOU BE MANAGING THE PROPERTY OR WILL YOU HAVE LOCAL AFFILIATES HERE THAT WILL BE ON SITE MANAGING? YEAH, THAT'S A GREAT QUESTION.
SO JUST TO START REAL QUICK, WE UH, DEVELOP AND OWN, WE DON'T DEVELOP AND SELL.
SO OUT OF OUR 80 PLUS PROPERTIES SINCE 2002, I THINK WE'VE SOLD MAYBE THREE OR FOUR OF THOSE.
UH, SO WE ARE THE LONG-TERM OWNERS AND WE HAVE AN ASSET MANAGEMENT DIVISION THAT OVERSEES OUR THIRD PARTY MANAGEMENT COMPANY.
SO WE HAVE ABOUT THREE MANAGEMENT COMPANIES IN THE STATE OF TEXAS OVER OUR 30 PLUS DEALS THAT OVERSEE THE PORTFOLIO AND WE WORK VERY CLOSELY WITH THEM.
SO THERE WOULD BE AN ONSITE MANAGER IN LEASING OFFICE AND YOU'VE USED HISTORIC TAX CREDITS FOR SOME OF THOSE OTHER PROJECTS AS WELL? YEAH, DEFINITELY.
SO WE'VE DONE MAYBE, OOH HAVE WE BEEN AWARDED EIGHT OR NINE HISTORIC TAX CREDIT DEALS ACROSS THE US AT THIS POINT? SINCE 2002 I'VE COMPLETED CONSTRUCTION ON THREE, UH, AND THEN I HAVE TWO UNDER CONSTRUCTION RIGHT NOW AND WORKING THROUGH FINANCIAL CLOSING ON TWO OTHERS.
SO YEAH, WE'VE DONE AT LEAST NINE.
UM, AND I'VE BEEN RESPONSIBLE FOR A GOOD CHUNK OF THOSE.
IT'S KIND OF A PERSONAL PASSION OF MINE.
SO YES, THIS IS MY JOB, UH, THAT I GET PAID TO DO.
BUT I LIKE TO UH, DO THE HISTORIC REHABS 'CAUSE IT'S SOMETHING I'M PERSONALLY PASSIONATE ABOUT.
WHAT IS THE, UH, PROPOSED TIMEFRAME FROM BEGINNING TO END OF THE, OF THE RESTORATION? YEAH, SO YOU KNOW, KNOW WE'D FIND OUT IF WE WERE AWARDED FUNDING UM, AT THE END OF JULY.
AND THEN FINANCIAL CLOSINGS NEVER EASY 'CAUSE WE'RE WORKING WITH THE FEDERAL GOVERNMENT, THE STATE GOVERNMENT, THE IRS, IT'S A LOT OF RED TAPE.
UH, SO WE'D BE LOOKING TO CLOSE ON FINANCING AND START CONSTRUCTION IN THE FIRST QUARTER OF 2027.
AND FROM THERE WE'RE LOOKING AT BETWEEN 14 AND 18 MONTHS.
AND I THINK YOU MENTIONED THIS, I'M SORRY TO ASK YOU TO REPEAT, BUT HOW MANY UNITS WILL YOU HAVE? THIS WILL BE 78.
IS THERE ANY CORRELATION WITH OVERLAND PARK? 'CAUSE YOU SAID YOU WERE OUT OF KANSAS
WELL, SO IT'S FUNNY 'CAUSE WE WERE FOUNDED IN SALINA, KANSAS AND WE DIDN'T LIKE NONE OF THE OWNERS AT THE TIME OR WE DIDN'T HAVE AN OFFICE IN OVERLAND PARK OR ANYTHING LIKE THAT.
BUT NOW WE DO HAVE AN OFFICE IN OVERLAND PARK, KANSAS LEEWOOD.
I LIVED IN MISSION FOR A FEW YEARS.
AND SO THAT'S WHY I WAS CURIOUS.
LIVE IN PRAIRIE VILLAGE IN BROOKSIDE, SO YEAH.
ANY OTHER QUESTIONS FROM COUNCIL MEMBERS? ALRIGHT, THANK YOU VERY MUCH.
WE ALSO HAVE A REQUEST TO SPEAK FROM JUDGE CAMPBELL IF YOU'D LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT AT THIS TIME.
GOOD MORNING, MAYOR AND COUNCIL.
JUDD CAMPBELL, MIDLAND, TEXAS.
I JUST HAD A COUPLE OF QUESTIONS ON THIS PROJECT.
I WASN'T REAL CLEAR ON WHAT UM, THE CITY'S ROLE IS IN THIS DEVELOPMENT.
SO, UM, I SEE SOMETHING ABOUT A $500 CREDIT OR A BENEFIT OR SOMETHING, BUT THAT SEEMS RELATIVELY MINOR.
UM, SO IS WHAT IS IT EXACTLY THAT THE CITY IS, IS APPROVING OR WHAT THE CITY IS GONNA BE DOING? UM, IS THE POTENTIAL BENEFITS FOR THE DEVELOPMENT, UM, BECAUSE IT'S LOW INCOME HOUSING OR IS IT BECAUSE IT'S A HISTORICAL DEVELOPMENT? UH, AND IF IT'S CENTERED AROUND THE LOW INCOME HOUSING, THEN WHAT, UM, WHAT DOES THAT LOOK LIKE AS FAR AS TENANT APPROVAL AND THE TYPE OF UM, UM, FACILITY THAT IT'S GONNA BE.
UM, AND HOW IS THAT GONNA FIT IN WITH UM, EVERYTHING ELSE THAT'S GOING ON IN DOWNTOWN? UM, JUST SOME QUESTIONS I HAD ABOUT THE OKAY.
UM, I, I THINK IT WOULD BE GOOD TO GET STAFF TO EXPLAIN A LITTLE BIT OF WHAT THAT MEANS IF ISAAC, IF YOU COULD.
[00:50:02]
THERE WE GO.AH, PLEASE CORRECT THAT FOR ME.
TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS IS THE APPLICA APPLICATION WHERE THE WILL BE SUBMITTED.
UM, THEY HAVE A 9% TAX CREDIT, WHICH IS COMPETITIVE AND A POOR PERCENT, WHICH IS NON-COMPETITIVE.
SO THAT'S FIRST OF ALL, UH, IT'S FOR LOW MODERATE INCOME FAMILIES.
THEY'RE BASED UP ON A SCALE OF LOW MODERATE INCOME, UH, 30 15 I BELIEVE 60.
SO, SO THAT'S WHERE THIS DEVELOPMENT WILL ALSO HAVE, UH, COMMERCIAL AND RETAIL AS A MIXED USE.
THE QUESTION THAT HE WAS HAVING REGARDING, UM, THE PROCESS, THIS IS ONLY THE APPLICATION PROCESS AND PART OF THE APPLICATION PROCESS ASKED THAT THE DEVELOPER HAVE A $500 WAIVER OR COMMITMENT FROM THE CITY FOR PERMITTING AND SMALL THINGS LIKE THAT.
AND SO IT ULTIMATELY WOULD BENEFIT THE CITY OF MIDLAND, THE CITIZENS AND THE TAX BASE.
SO I HOPE THAT ANSWERS THE QUESTION.
SO, SO BASICALLY TO SUMMARIZE THIS IS A RESOLUTION OF SUPPORT AND COMMITTING $500 TO ALLOW THEM TO APPLY WITH THE FEDERAL AND STATE GOVERNMENT FOR THESE AVAILABLE OPPORTUNITIES.
IT DOESN'T REALLY ASSURE ANYTHING.
IT, IT JUST ALLOWS THEM TO MAKE THE APPLICATION CORRECT TO ACTUALLY GET IN THE GAME AND MAKE THE APPLICATION.
WE ARE, WE ARE IN A REGION WITH SAN ANGELO SO IT'S COMPETITIVE.
SO WE WILL BE IN COMPETITION WITH SAN ANGELO AND THINGS LIKE THAT.
SO, SO ONLY STATES GENERALLY ONLY GIVE ONE APPLICANT PER CYCLE.
AND SO THIS, THAT'S WHY IT TAKES THROUGH TO Q1 OF 2027 BECAUSE YOU HAVE TO GO THROUGH THAT WHOLE APPLICATION PROCESS AND, AND SEE WHERE YOU LAND.
YES, THERE'S NUMEROUS STEPS, THERE'S NO GUARANTEES AND THIS IS THE FIRST STEP.
AND REGARDING THE QUESTION TWO ABOUT HOW, SO I TAKE IT, WE'RE TALKING ABOUT THAT THESE WILL BE A LOW TO MODERATE INCOME, UH, FACILITIES.
SO WHAT ARE THE QUALIFICATIONS TO BE ABLE TO TO, TO QUALIFY TO BE ABLE TO MOVE INTO ONE OF THESE? I MEAN, IS IT GONNA BE A TIERED SYSTEM WHERE CERTAIN PEOPLE GET A CERTAIN PERCENTAGE FIRST RIGHT.
OR I'M HAPPY TO TALK ABOUT SURE, YES.
YEAH, SO RIGHT NOW, AND I TOTALLY FORGOT ABOUT THE PRESENTATION WHEN I WAS TALKING 'CAUSE I GOT NERVOUS ANYWAY,
WE ALSO HAVE FOUR MARKET RATE UNITS IN THIS DEAL.
BUT WE HAVE EIGHT UNITS THAT ARE RESERVED FOR PEOPLE MAKING 30% OF THE AREA MEDIAN INCOME, 30 FOR PEOPLE MAKING 50% AND THEN 36 FOR PEOPLE MAKING 60% OF THE AREA MEDIAN INCOME.
AND I JUST LOOKED IT UP, UM, THIS MORNING, ULTIMATELY OUR RESIDENTS WOULD BE MAKING BETWEEN, FOR THE INCOME RESTRICTED UNITS BETWEEN 25,000 ANNUALLY AND 72,000 ANNUALLY.
AS FAR AS TENANT VERIFICATION GOES, UH, THIS IS PRETTY RIGOROUS BECAUSE OBVIOUSLY WE WANNA HAVE SAFE FAMILY FRIENDLY COMMUNITIES.
AND SO IT'S NOT LIKE A NORMAL APARTMENT LIKE MARKET READ APARTMENT WHERE YOU'D APPLY AND YOU'D BE VERY, YOU KNOW, APPROVED IN A DAY OR TWO.
IT USUALLY TAKES ABOUT A WEEK OR A WEEK AND A HALF.
UM, SO WE HAVE PRETTY STRINGENT STANDARDS, UH, NO FELONIES, STEADY EMPLOYMENT, UM, THOSE SORTS OF THINGS.
SO, SO YEAH, THE VETTING FOR RESIDENTS IS MORE RIGOROUS JUST BECAUSE IT'S A FEDERALLY MANDATED PROGRAM.
AND THEN ALSO TOO, TO ANSWER THE QUESTION IN PART IS, YOU KNOW, THE RESOLUTION OF SUPPORT ALLOWS US TO REMAIN IN THE GAME AND STAY COMPETITIVE TO SEE, UH, WHAT WE CAN GET FIGURED OUT AND HOPEFULLY BRINGING THIS PROJECT TO FRUITION.
AND WE DO PAY PROPERTY TAXES, SO THAT WOULD GENERATE, UH, ABOUT 90,000 ANNUALLY TO THE CITY OF MIDLAND.
AND THAT'S NOT INCLUDING ANY COMMERCIAL SPACE THAT WE HAVE.
SO DO YOU CONTINUE TO RECEIVE FEDERAL FUNDS FOR THE UH, UH, RENT ABATEMENT THROUGH THE PROGRAM AND HOW, HOW DOES THAT WORK AND YEAH, SO YOU'RE AWARDED, UM, IT, IT'S ULTIMATELY A 10 YEAR STREAM OF TAX CREDIT.
SO SAY YOU GET A $2 MILLION AWARD THAT TRANSLATES TO $20 MILLION OVER A 10 YEAR PERIOD, BUT INVESTORS PURCHASE THOSE TAX CREDITS WHICH FUND 70% OF THE DEAL.
AND SO WITHIN ABOUT, YOU KNOW, 26 MONTHS THEY'VE PUT ALL OF THE EQUITY INTO THE DEAL FROM THE TAX CREDIT.
SO THAT'S ON THE PROPERTY SIDE, BUT WHAT ABOUT THE RENT SIDE? DO YOU GET CONTINUING FUNDING FOR REDUCED RENT? NO.
SO IT'S INTERESTING 'CAUSE IT'S NOT EXACT, IT'S NOT SUBSIDIZED HOUSING.
AND SO, BECAUSE YOU KNOW, IN AN IDEAL SITUATION, THE TAX CREDIT EQUITY FUND, 70% OF THE DEAL ALLOWING US TO TAKE LIKE WAY LOWER DEBT THAN WE WOULD IF THIS WAS A MARKET RATE PROPERTY.
[00:55:01]
ALLOWS US TO CHARGE INCOME BASED RENTS OR SORRY, YEAH, YEAH.INCOME BASED RENTS, UH, FOR THE AREA MEDIAN INCOME.
UM, SO THE TENANTS THEMSELVES AREN'T RECEIVING ANY KIND OF SUBSIDY OR ANYTHING LIKE THAT.
THEY ARE JUST, UH, CHARGED RENTS ACCORDING TO WHAT THEY MAKE.
SO YEAH, IT'S COOL FOR THANK YOU VERY MUCH PROJECT.
AND DO Y'ALL, UM, THE QUESTION I WAS GONNA ASK, I ALMOST, I FORGOT WHAT IT WAS REALLY.
UM, ON, ON THE GRANT, THAT'S WHAT I WAS GONNA ASK.
IF Y'ALL DON'T RECEIVE THE GRANT, I'M NOT SAYING THAT YOU WON'T, BUT IF Y'ALL DON'T RECEIVE IT, WILL Y'ALL STILL CONTINUE WITH THIS PROJECT AND CONTINUE? YOU MEAN LIKE THE FUNDING FROM THE STATE HOUSING AGENCY? YES, THE, NO, WE WOULDN'T BE ABLE TO JUST BECAUSE THAT'S 70% OF THE PROJECT COSTS.
SO IT'S A PRETTY SUBSTANTIAL AMOUNT.
AT THIS TIME I'LL LOOK FOR ACTION FROM COUNCIL OR ANY FURTHER DISCUSSION THAT YOU MAY HAVE.
WE'VE GOT A WHOLE BUNCH OF MOTIONS.
WE HAVE A MOTION FROM COUNCILMAN STUBBS AND A SECOND FROM COUNCILMAN BURKHOLDER.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
AND SORRY, I'M HAVING TO GET MY COMPUTER BACK WHERE IT'S SUPPOSED TO GO.
ALRIGHT, WITH, WITH THAT WE'LL MOVE FORWARD TO ITEM NUMBER
[20. 2026-036 - RESOLUTION AUTHORIZING THE EXECUTION OF A PUBLIC IMPROVEMENT DEVELOPMENT AGREEMENT WITH DAVID DIAZ, DOING BUSINESS AS MIDESSA CONSTRUCTION (“DEVELOPER”), REGARDING DEVELOPER’S CONSTRUCTION OF CERTAIN PUBLIC WATER IMPROVEMENTS TO SERVE VISTA DEL PUEBLO ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (DISTRICT: 2) (ENGINEERING SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE) ]
20, A RESOLUTION AUTHORIZING THE EXECUTION OF A PUBLIC IMPROVEMENT DEVELOPMENT AGREEMENT WITH DAVID DIAZ, DOING BUSINESS AS MID DESSA CONSTRUCTION AS THE DEVELOPER REGARDING THE DEVELOPER'S CONSTRUCTION OF CERTAIN PUBLIC WATER IMPROVEMENTS TO SERVE VISTA DEL PUEBLO EDITION CITY AND COUNTY OF MIDLAND, TEXAS.SO I PULLED THIS AND, AND THIS IS KIND OF IN CONJUNCTION WHAT WE JUST TALKED ABOUT A MINUTE AGO.
THIS WAS A PROBLEM THAT, UH, WE'VE BEEN ABLE TO HELP PROVIDE SOLUTIONS FOR AND WORK WITH THE DEVELOPER TO GET SOMETHING DONE IN AN AREA THAT WAS, UM, HAD A, HAD A WATER ISSUE.
THIS WAS ONE OF THE, I THINK PROBABLY ONE OF THE FIRST WATER ISSUES THAT THIS PARTICULAR COUNCIL GOT TO TACKLE WHEN IT CAME TO RESIDENTIAL.
AND SO, ANYWAY, I JUST WANNA GIVE YOU AN OPPORTUNITY 'CAUSE THIS IS REALLY A WIN FOR, UM, QUITE A FEW PEOPLE THAT, UH, HAVE BEEN WAITING FOR SOMETHING TO HAPPEN.
SO I'LL GIVE YOU AN OPPORTUNITY TO TALK ABOUT IT.
UH, COUNCILMAN, AS YOU SAID, UM, THIS IS A PROJECT THAT'S GONNA TAKE WATER DOWN THE EAST SIDE OF TOWN, UM, GO MAINLY ALONG TODD ROAD.
UM, IT WILL ACTUALLY END UP EXTENDING ALL THE WAY TO THE SOUTH SIDE OF MIDLAND DOWN BY, UM, TO, UH, I 20.
UM, SO THIS WILL ADD WATER WHERE WE ACTUALLY, THE CITY JUST PUT IN THE NEW NORTHEAST SEWER MAIN, SO THERE'S SEWER THERE AND NOW WATER'S COMING OPEN UP AT A LOT OF DEVELOPMENT, BUT ALSO HELPING IN THE EXISTING SUBDIVISION AT THE SAME TIME.
ANY OTHER QUESTIONS? NO, JUST AGAIN, JUST THANK YOU FOR ALL OF STAFF'S WORK ON THIS.
I KNOW THAT THIS IS SOMETHING THAT THEY'VE SPENT A LOT OF TIME ON TO TRY TO GET SOMETHING DONE.
THERE'S OTHER COUNCIL THAT HAVE BEEN INVOLVED IN THIS AS WELL, SO I JUST WANNA RECOGNIZE THE, THERE WAS A LOT OF WORK THAT WAS PUT INTO THIS TO MAKE THIS HAPPEN, SO THANK YOU.
WELL, THIS IS A GOOD EXAMPLE WHERE THE COUNCIL LISTENED TO THE RESIDENTS, THEY WERE IN THE BIND, LIKE COUNCILMAN LAD POINTED OUT, AND THAT THEY WERE NOT GETTING WATER.
DIDN'T FEEL LIKE THE WATER LEVELS WERE WHERE THEY NEEDED THEM TO BE.
SO THIS AGREEMENT CAUSES THE DEVELOPER THAT'S OUT THERE TO LOOP THE SYSTEM AND TIE IT INTO OUR SYSTEM.
AND THIS IS THE, THE EXAMPLE I GAVE EARLIER OF US GETTING OUT TO THEM MM-HMM
AND IT WAS MADE POSSIBLE WITH THAT, UH, $26 MILLION THAT I'VE ALREADY MENTIONED THAT THE COUNCIL WORKED ON IN THE PAST FOR TODD ROAD.
AND SO IT'S, IT'S A GOOD STORY.
ALRIGHT, WELL WITH THAT I'LL LOOK FOR ACTION FROM COUNSEL ON ITEM NUMBER 20.
WE HAVE A MOTION FROM BERKHOLDER SECOND, SECOND, AND A SECOND FIRM COUNCILMAN POOL.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
AND THAT WAS BUR HOLDER AND POOL, CORRECT? YES IT WAS.
THE MOTION CARRIES UNANIMOUSLY.
WE'LL MOVE FORWARD TO SECOND READINGS.
[22. 10716 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 1,763-SQUARE-FOOT PORTION OF LOT 2, BLOCK 1, COUNTRY VILLA ESTATES, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF WEST WALL STREET, APPROXIMATELY 270 FEET EAST OF SOUTH MIDLAND DRIVE), WHICH IS PRESENTLY ZONED C, COMMERCIAL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT 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 FEBRUARY 10, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
ITEM NUMBER 22.AN ORDINANCE AMENDING THE ZONING DISTRICT PATH TO THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 1,763 SQUARE FOOT PORTION OF LOT TWO BLOCK ONE.
COUNTRY, VILLA, ESTATE, CITY AND COUNTY IN MIDLAND, TEXAS.
GENERALLY LOCATED ON THE NORTH SIDE OF WEST WALL STREET, APPROXIMATELY 270 FEET EAST OF SOUTH MIDLAND DRIVE, WHICH IS PRESENTLY ZONE C COMMERCIAL DISTRICT.
ALLOWING, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON-PREMISES CONSUMPTION, MAKING SAID DESIGNATION, SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING A CU CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDER IN PUBLICATION.
WE HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN LADD.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[23. 10717 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR THE EAST 50 FEET OF LOTS 10 THROUGH 12, BLOCK 61, ORIGINAL TOWN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WEST WALL STREET, APPROXIMATELY 110 FEET EAST OF SOUTH CARRIZO STREET), WHICH IS PRESENTLY ZONED CB, CENTRAL BUSINESS DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A LOUNGE 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 FEBRUARY 10, 2026) (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
PLEASE.AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRAND.
A SPECIFIC USE DESIGNATION WITH FIRM FOR THE EAST 50 FEET OF LOTS.
10 THROUGH 12 BLOCK, 61 ORIGINAL TOWN EDITION, CITY AND COUNTY IN MIDLAND, TEXAS.
[01:00:01]
LOCATED ON THE SOUTH SIDE OF WEST WALL STREET, APPROXIMATELY 110 FEET EAST OF SOUTH PAZO STREET, WHICH IS PRESENTLY OWN CB CENTRAL BUSINESS DISTRICT.ALLOWING SAID PROPERTY BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES AND A LOUNGE FOR ON-PREMISES CONSUMPTION.
MACON SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING CUMULATIVE CLAUSE CONTAINING A SAVING THAN SEVERAL BLOODY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000.
WE HAVE A MOTION FROM COUNCILMAN LAD AND A YES.
UM, UH, LET'S START WITH PATRICK CORDERO, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? UM, YOUR HONOR.
MAYOR, I THINK WE'RE ALL OKAY.
SO LET THE RECORD SHOW THAT WE GAVE DAVID CHIN AND PATRICK CORDERA THE OPPORTUNITY TO SPEAK AND THEY ELECTED NOT TO.
WE DO HAVE A MOTION FROM COUNCILMAN LAD AND A SECOND FROM COUNCILMAN NORMAN.
UM, SO WITH THAT, IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[24. 10718 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 1 THROUGH 10, BLOCK 7, MOORE ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM TP, TECHNOLOGY PARK DISTRICT TO MH, MANUFACTURED HOUSING DISTRICT (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST MONTGOMERY AVENUE AND GOODE STREET); 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 FEBRUARY 10, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
WE WILL MOVE FORWARD TO ITEM 24 PLEASE.AN ORDINANCE AMENDING THE ZONING DISTRICT MATTER FOR THE CITY OF MIDLAND TO REZONE LAPS ONE THROUGH 10, BLOCK SEVEN MORE ADDITION, CITY AND COUNTY IN MIDLAND, TEXAS FROM TP TECHNOLOGY PARK DISTRICT TO MH MANUFACTURED HOUSING DISTRICT, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST MONTGOMERY AVENUE AND GOOD STREET CONTAINING COMMUNITY CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDED FOR A MAXIMUM PENALTY OR FINE OF $2,000.
AND ORDERING PUBLICATION, THERE'S NOBODY SPEAKING ALL TO TAKE A MOTION.
SO MOTION CARRIES SIX TO ZERO.
[25. 10720 - AN ORDINANCE VACATING AND ABANDONING A 0.414-ACRE PORTION OF INDUSTRIAL LOOP WEST RIGHT-OF-WAY LOCATED ADJACENT TO LOT 4, BLOCK 10, MIDKIFF INDUSTRIAL CENTER, SECTION 10, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED SOUTH OF THE INTERSECTION OF OTTIS ROAD AND INDUSTRIAL LOOP WEST) ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR THE DEDICATION TO THE CITY OF A 1.078-ACRE RIGHT-OF-WAY ON THE EAST SIDE OF THE INTERSECTION OF OTTIS ROAD AND INDUSTRIAL LOOP WEST; RETAINING A NONEXCLUSIVE UTILITY EASEMENT; AND ORDERING RECORDATION BY THE CITY SECRETARY (FIRST READING HELD FEBRUARY 10, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
AN ORDINANCE VACATING AND ABANDONING A 0.414 ACRE PORTION OF INDUSTRIAL LOOP WEST RIGHT OF WAY LOCATED ADJACENT TO LOT FOUR, BLOCK 10 MID KIPP INDUSTRIAL CENTER.CITY AND COUNTY IN MIDLAND, TEXAS.
GENERALLY LOCATED SOUTH OF THE INTERSECTION OF OTIS ROAD AND INDUSTRIAL LOOP WEST ON REQUEST ARE ONE OR MORE OF THE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR THE DEDICATION TO THE CITY OF A 1.078 ACRE RIGHT OF WAY ON THE EAST SIDE OF THE INTERSECTION OF OTIS ROAD AND INDUSTRIAL LOOP WEST RETAINING A NON-EXCLUSIVE UTILITY EASEMENT AND ORDERING RECORDATION BY THE CITY SECRETARY.
OKAY, DISCUSSION, UH, MOTION POOL SECOND NORMAN.
THE MOTION CARRIES SIX TO ZERO AN ORDINANCE VACATING AND ABANDON
[26. 10721 - AN ORDINANCE VACATING AND ABANDONING A 0.181-ACRE PORTION OF INDUSTRIAL LOOP WEST RIGHT-OF-WAY LOCATED ADJACENT TO LOTS 4 AND 5, BLOCK 9, MIDKIFF INDUSTRIAL CENTER, SECTION 10, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED NORTH OF THE INTERSECTION OF OTTIS ROAD AND INDUSTRIAL LOOP WEST) ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR THE DEDICATION TO THE CITY OF A 1.078-ACRE RIGHT-OF-WAY ON THE EAST SIDE OF THE INTERSECTION OF OTTIS ROAD AND INDUSTRIAL LOOP WEST; RETAINING A NONEXCLUSIVE UTILITY EASEMENT; AND ORDERING RECORDATION BY THE CITY SECRETARY (FIRST READING HELD FEBRUARY 10, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
A 0.181 ACRE PORTION OF INDUSTRIAL LOOP WEST RIGHT OF WAY, LOCATED ADJACENT TO LOTS FOUR AND FIVE.MID KIPP INDUSTRIAL CENTER, SECTION 10, CITY AND COUNTY OF MIDLAND, TEXAS.
GENERALLY LOCATED NORTH OF THE INTERSECTION OF OTIS ROAD AND INDUSTRIAL LOOP WEST ON REQUEST FOR ONE OR MORE OF THE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR THE DEDICATION TO THE CITY OF A 1.07 ACRE RIGHT OF WAY ON THE EAST SIDE OF THE INTERSECTION OF OTIS ROAD AND INDUSTRIAL LOOP WEST RETAINING A NON-EXCLUSIVE INDU UTILITY EASEMENT AND ORDERING RECORDATION BY THE CITY SECRETARY.
ALL RIGHT, IS THERE ANY DISCUSSION? NO.
UH, MOTION BY NORMAN SECOND BURKHOLDER.
THE MOTION CARRIES UNANIMOUSLY AND WE ARE AT ITEM 27.
[27. 10722 - AN ORDINANCE VACATING AND ABANDONING A 0.533-ACRE PORTION OF SOUTH ATLANTA STREET RIGHT-OF-WAY LOCATED ADJACENT TO LOTS 1 THROUGH 6, BLOCK 125, SOUTHERN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ALONG SOUTH ATLANTA STREET BETWEEN EAST WASHINGTON AVENUE AND EAST NEW YORK AVENUE) ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR PAYMENT TO THE CITY OF THE SUM OF $46,450.00; RETAINING A NONEXCLUSIVE UTILITY EASEMENT; AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
PUBLIC HEARINGS FOR ITEM 27.AN ORDINANCE MAKING AND ABANDONING IS 0.533 ACRE PORTION OF SOUTH ATLANTA STREET RIGHT OF WAY, LOCATED ADJACENT TO LOTS ONE THROUGH SIX BLOCK 1 25 SOUTHERN EDITION CITY AND COUNTY IN MIDLAND, TEXAS.
GENERALLY LOCATED ALONG SOUTH ATLANTA STREET, BETWEEN EAST WASHINGTON AVENUE AND EAST NEW YORK AVENUE.
ON REQUEST ARE ONE OR MORE OF THE ABUTTING PROPERTY OWNERS IN EXCHANGE FROM PAYMENT TO THE CITY OF THE SUM OF $46,450, RETAINING A NON-EXCLUSIVE UTILITY EASEMENT AND ORDERING ACCREDITATION BY THE CITY SECRETARY.
SO THIS ITEM AND THEN AS WELL AS THE SUBSEQUENT ITEM, UM, THESE ARE TWO VACATIONS ASSOCIATED WITH THE DEVELOPMENT OF A CHURCH CALLED COMMON UNITY CHURCH.
UM, BUT I'LL, I'LL TALK ABOUT THIS FIRST ITEM HERE, UH, FIRST AND UM, THIS IS LOCATED COUNCIL DISTRICT TWO AND IT'S FOR THE VACATION OF RIGHT OF WAY.
UM, THERE'S NO ISSUES WITH THE ZONING, IT'S ZONED, UM, RR AND YOU CAN SEE HERE ON THIS AREA, THIS IS A PORTION THERE WANTING TO VACATE.
IT'S A ZERO POINT, UH, FIVE THROUGH THREE ACRE, UH, TRACTOR ATLANTA RIGHT OF WAY.
AND THEY HAVE TO JUST VACATE THIS TRACT IN ORDER TO BUILD THE CHURCH ON TOP OF IT.
THERE'S A LOOK AT THE PROPERTY AS IT'S CURRENTLY
[01:05:01]
AND WE DON'T HAVE ANY ISSUES WITH THIS REQUEST.UM, AND IT'S SUBJECT TO THESE CONDITIONS HERE AND OPEN FOR ANY QUESTIONS.
ANY QUESTIONS FOR STAFF ON THIS ONE? ALRIGHT, UM, AT THIS TIME I'D LIKE TO CALL ANDREW MELLON TO COME FORWARD AND MAKE PUBLIC COMMENT AS THE DESIGNATED REPRESENTATIVE
HI, UH, ANDREW MELLON, 1300 WEST ILLINOIS.
YOU CAN PUT THAT IN THE RECORDS 'CAUSE THAT'S OUR NEW BUILDING WE'VE BEEN WAITING ON FOR TWO YEARS AND IT'S LOOKING NICE.
UM, I'M HERE TO ASK FOR A WAIVER ON THESE PRICES FOR THIS, UH, RIGHT OF WAY.
THE REASONING IS BECAUSE IT'S NEVER BEEN USED, IT'S JUST BLANK LAND, SO I UNDERSTAND THAT, YOU KNOW, IT'S PUBLIC LAND AND YOU GOTTA DO THE RIGHT THING.
WE'VE DONE THIS BEFORE WITH WAIVERS, BUT OBVIOUSLY IT'S UP TO YOU GUYS.
BUT THIS ONE AND THIS SUBSEQUENT ONE, OUR RIGHT OF WAY THAT HASN'T BEEN USED, THE CHURCH IS NEEDING THIS LAND SO THEY CAN ACTUALLY EXPAND OR ACTUALLY BUILD A NEW CHURCH FOR THEMSELVES.
THEY'RE CALLED COMMUNITY UNITY.
UM, SO I'M HEREBY JUST ASKING FOR A WAIVER OF THOSE FEES.
ANY OTHER QUESTIONS FROM COUNCIL MEMBERS? THANK YOU ANDREW.
UM, AT THIS TIME I'LL OPEN THE PUBLIC HEARING AND INVITE SARAH ZUNIGA TO COME FORWARD AND MAKE PUBLIC COMMENT.
IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.
MY NAME IS SARA ZUNIGA AND I RECENTLY PURCHASED THE PROPERTY ON NEW YORK AVENUE.
IT'S NINE 11 EAST NEW YORK AVENUE AND I DIDN'T KNOW THAT I WAS, THAT THE PROPERTY IN FRONT OF IT WAS AVAILABLE FOR PURCHASE, BUT IF IT IS AVAILABLE I WOULD LIKE TO PURCHASE THE, THE, THE L FIVE.
CAN YOU CLARIFY WHICH PORTION ON THE MAP THERE? IT'LL BE, MY HOUSE IS ONLY HERE, WE'RE RECENTLY REMODELING IT BECAUSE WE GOT IT IN OCTOBER, SO I WANTED THE PIECE IN FRONT OF IT.
YEAH, THAT, THAT TRIANGLE OF PIECE IN FRONT.
WILLING TO PURCHASE IF IT IS AVAILABLE FOR SALE.
LET US HAVE SOME CONVERSATION.
IS THIS SOMETHING THAT, I MEAN, THIS HAS NOT EVER COME UP BEFORE, SO STAFF CAN YOU WEIGH IN HERE? WE'LL SIT ON, WE'LL SIT DOWN AND VISIT WITH, UH, THE APPLICANT.
SO, SO TO BE CLEAR, THE, THE ACTION ITEM HERE WOULD BE, UH, A VACATION.
AND WHEN, WHENEVER THE CITY VACATES, ITS, ITS RIGHT OF WAY.
UH, ALL IT'S DOING IS SAYING THAT, THAT IT'S NO LONGER NEEDING THIS RIGHT OF WAY AND ON AND THE RIGHT OF WAY THEN GOES TO THE ABUTTING PROPERTY OWNERS AND FEES.
UH, SO THAT'S, THAT'S WHAT THE EFFECT WOULD BE HERE.
UM, AND IN TERMS OF, OF WANTING TO PURCHASE AND EVERYTHING ELSE, THAT'S, THAT'S A BIT OUT OF WHAT WE'RE, WHAT WE'RE HERE TO DO TODAY.
SO IF THERE ARE ANY ADDITIONAL CONVERSATIONS THAT NEED TO OCCUR, THEN SO, SO CAN WE CLARIFY THE PORTION THAT IS CURRENTLY OWNED BY COMMUNITY CHURCH? ANDREW, ARE YOU PREPARED TO SPEAK TO THAT? OKAY.
CAN YOU GO BACK TO THE OTHER MAP? COMMUNITY OWNS THIS RIGHT HERE.
YEAH, THEY OWN THESE AND THEN THIS LOT RIGHT HERE.
SO WHEN THIS GETS VACATED, YOU GO UP THE MIDDLE HERE AND COME OVER, THAT WILL BE THEIRS AND EVERYTHING ELSE FROM THERE ON UP WILL BE THE CHURCH'S.
SO EVERY SINGLE THING ON THAT BLOCK IS OWNED BY COMMON UNITY CHURCH EXCEPT FOR THE PORTION, EXCEPT BLOCK.
THEY TRIED TO WORK WITH THIS PARTICULAR OWNER TO BUY, BUT IT DIDN'T WORK OUT.
SO SHE'D HAVE TO TALK TO THE COMMUNITY 'CAUSE THEY OWN THAT PIECE OF LAND.
SO THEN YOU COULD WORK THAT OUT WITH THE COMMON UNITY CHURCH.
UM, AT THAT POINT AS THE OWNER.
UH, I DO HAVE AN ADDITIONAL REQUEST TO SPEAK FROM DAVID GONZALEZ IF YOU'D LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT.
IF YOU'D GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.
UH, THE ADDRESS IS 5 6 0 8 CROWLEY AND I'M HERE, UH, REPRESENTING COMMON UNITY CHURCH.
I'M ONE OF THE ELDERS OF COMMON UNITY CHURCH.
I ALSO HAVE SOME OF OUR CHURCH MEMBERS HERE WITH US THIS MORNING.
SO THEY GAVE ME A LITTLE, EVERYBODY SAID HEADS UP.
UH, SO THANK YOU FOR ALLOWING ME A FEW MINUTES TO SPEAK.
UH, AS I SAID, I'M ONE OF THREE OF THE ELDERS.
SO WE'VE OWNED AND MAINTAINED THE PROPERTY HERE OFF OF WASHINGTON, WASHINGTON STREET FOR 10 YEARS, WHICH INCLUDES, UH, KEEPING UP WITH THE LANDSCAPE.
AND IT WASN'T UNTIL WE STARTED MAKING PLANS TO BUILD A CHURCH ON A DAYCARE FACILITY THAT WE DISCOVERED, UH, SMALL PORTIONS OF THE LANDSCAPE BELONGED TO THE CITY OF MIDLAND.
SINCE WE STARTED COMMUNITY CHURCH, IT'S BEEN OUR VISION AND DREAM TO SERVE THE SOUTHEAST COMMUNITY OF MIDLAND.
AND OUR DESIRE IS TO BRING HOPE OF A BETTER LIFE THROUGH JESUS CHRIST.
UH, I GREW UP IN THE NEIGHBORHOOD AND IN THE STREETS HERE, UH, THAT, UH, YOU, YOU GUYS HAVE BEFORE YOU MADE SOME VERY BAD CHOICES IN LIFE.
[01:10:01]
UH, BUT I'VE BEEN A CHRISTIAN FOR OVER 20 YEARS NOW.UH, AND I'VE BEEN CLEAN AND SET FREE, UH, OF ALL MY ADDICTIONS.
BUT AS A A COMMUNITY CHURCH, WE HAVE A, A MISSION THAT WE ARE COMMITTED TO ACCOMPLISHING.
AND THAT IS THAT WE WANT TO BE A BEACON OF LIGHT TO OUR COMMUNITY.
UH, WE BELIEVE, UH, OFFERING DAYCARE SERVICES IS A GREAT WAY THAT WE CAN HELP STRUGGLING FAMILIES, BUT MOST IMPORTANTLY, UH, SERVING THEM THROUGH OUR CHURCH.
SO I'VE SAID ALL THAT I'VE SHARED TO PETITION YOU ALL, UH, FOR A POSSIBLE WAIVER OF THE FEES OR EVEN TO, UH, LOWER THE COST, UH, FOR THE LAND THAT WE NEED TO, TO OBVIOUSLY PURCHASE HERE.
AND A COUPLE OF GOOD REASONS THAT I THINK THE REQUEST IS WORTH CONSIDERING IS, WELL, NUMBER ONE, WE'VE MAINTAINED THE PROPERTY FOR AT LEAST 10 YEARS THAT WE'VE KEPT UP WITH THE LAND.
WE'VE PAID FOR THE LANDSCAPING.
EITHER WE'VE, UH, CUT IT OURSELVES OR WE'VE TYPICALLY PAID TO HAVE IT CUT, UH, FREE OF CHARGE TO THE CITY OF MIDLAND, RIGHT,
AND, UH, NUMBER TWO, WE'RE ASKING BECAUSE WE KNOW THAT THE LAND IS A SMALL PIECE WITH AN OBSCURE SHAPE.
UH, ONCE WE BUILD OUR CHURCH, WE BELIEVE THAT THERE'S NO OTHER PURPOSE THAT ANYBODY COULD DO ANYTHING WITH THAT LAND, UH, ONCE WE HAVE OUR CHURCH THERE.
SO, UH, ALL THAT TO SAY IS THAT I'M HOPING THAT Y'ALL CAN FIND A WAY TO SUPPORT US IN THE WORK AND BLESSING THAT WE ARE AIMING TO BECOME, UH, BY BUILDING A FOREVER HOME FOR COMMON UNITY CHURCH AND KING'S KIDS LEARNING CENTER.
THANK YOU FOR YOUR COMMENTS, NICHOLAS.
I JUST THINK THAT'S AWESOME MAN.
I APPRECIATE YOU, UH, SPEAKING ON THAT.
WOULD WE NEED TO AFFIRMATIVELY AMEND UH, ITEM 27 TO GRANT A WAIVER? YES SIR.
AND HOW MUCH WILL WE BE WAIVING? SO CURIOSITY.
YEAH, THAT IS, THAT IS UP TO THE DISTRICT AT THIS TIME.
I'M GONNA CLOSE THE PUBLIC HEARING.
THANK YOU FOR YOUR COMMENTS, SIR.
UM, SO TOTAL, OH, THE TOTAL COST IS, UH, 6,200 AND OH.
THAT'S THE NEXT, THAT'S THE SECOND ONE, YEAH.
I WOULD LIKE TO MOVE TO AMEND ITEM 27 TO WAIVE THE FEES ASSOCIATED WITH, UH, THE PROPERTY SPECIFICALLY $46,450.
SO WE HAVE A MOTION TO AMEND, UM, TO WAIVE THE FEES AND BY COUNCILMAN LADD AND THE SECOND FROM COUNCILMAN NORMAN.
AND, AND REAL QUICK BEFORE WE APPROVE, I JUST WANT TO, CAN WE PULL THE MAP BACK UP? 'CAUSE I WANT TO, THAT PARTICULAR PIECE OF PROPERTY WAS NEVER DESIGNED FOR ANYTHING ELSE EXCEPT FOR IT TO BE A ROAD THAT WAS TO, TO FLOW IN CONJUNCTION.
UM, SO AGAIN, IT WAS JUST SOMETHING THAT WAS NEVER USED AND IS NEVER GOING TO BE USED BECAUSE IT NEVER MADE ANY SENSE TO JUST PUT A ROAD THAT INTERSECTION WOULD BE NOT NOT FUNCTIONAL.
YEAH, IT WAS
ANY OTHER COMMENTS OR QUESTIONS? OKAY.
SO WE DO HAVE A MOTION AND A SECOND.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION TO AMEND CARRIES SEVEN TO ZERO.
[28. 10723 - AN ORDINANCE VACATING AND ABANDONING A 0.071-ACRE PORTION OF SOUTH ATLANTA STREET RIGHT-OF-WAY LOCATED ADJACENT TO LOTS 4, 5, AND 6, BLOCK 127, SOUTHERN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF EAST WASHINGTON AVENUE AND SOUTH LAMESA ROAD) ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR PAYMENT TO THE CITY OF THE SUM OF $6,230.00; RETAINING A NONEXCLUSIVE UTILITY EASEMENT; AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
PLEASE HEAD ORDINANCE 18 AND ABANDONING A 0.071 ACRE PORTION OF SOUTH ATLANTA STREET RIGHT OF WAY, LOCATED ADJACENT TO LOTS FOUR, FIVE, AND SIX BLOCK 1 27 SOUTHERN EDITION CITY AND COUNTY OF MIDLAND, TEXAS.GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF EAST WASHINGTON AVENUE AND SOUTH LA MESA ROAD ON REQUEST OR ONE OR MORE OF THE PROPERTY OWNERS IN EXCHANGE FOR THE PAYMENT OF THE CITY AND THE SUM OF $6,230, RETAINING A NON-EXCLUSIVE UTILITY EASEMENT AND ORDERING PROBATION BY THE CITY SECRETARY.
THIS IS JUST FOR THE NORTHERN PORTION OF MID ATLANTA.
THERE, YOU CAN SEE IT IN THAT HIGHLIGHTED TRIANGLE.
UM, THEY'RE VACATING IT FOR THE SAME REASONS.
HAPPY TO ANSWER ANY QUESTIONS.
MM-HMM
DO YOU HAVE ANY ADDITIONAL COMMENTS AS THE REPRESENTATIVE FOR THE APPLICANT? UM, NO.
I JUST AGAIN, WANTED TO WAIVE OR REQUEST WAIVER SO IT'S ON RECORD.
AT THIS TIME I'LL OPEN THE PUBLIC HEARING AND INVITE SARAH ZUNIGA TO COME BACK AND MAKE PUBLIC COMMENT ON ITEM 28.
SO WE WILL CLOSE THE PUBLIC HEARING.
AND IS THERE ANY DISCUSSION AMONG COUNSEL OR ANY ACTION THAT YOU'D LIKE TO TAKE ON ITEM 28? YEAH, I'D LIKE TO AMEND, UH, THIS ONE AS WELL, UM, ON THE FEES.
SO YOU'D LIKE TO MAKE A MOTION TO APPROVE AMENDING A WAIVER OF THE FEES, A WAIVER OF THE FEES.
AND I KNOW WE'RE NOT TALKING ABOUT IT, BUT AN INDIVIDUAL DID COME UP AND SPEAK THAT THEY'RE WANTING TO PURCHASE.
SO IF WE WAIVE THE FEES AND THEY ARE ABLE TO SELL, I'M JUST, JUST KINDA WALKING THROUGH SOME THINGS BECAUSE I KNOW WE'VE HAD THIS IN THE PAST WITH OTHER THINGS.
AND THEN IS THERE A PRECEDENCE THAT WE'VE WAIVED ENTIRE FEES WITH RIGHT OF WAYS BEFORE?
[01:15:03]
IT'S MY UNDERSTANDING THAT WE HAVE AS TO THE OTHER, UH, PROPERTY OWNER, UM, THAT IS GOING TO BENEFIT FROM THE VACATION.UH, THE, THE MATTER WOULD THEN BE BETWEEN THE PROPERTY OWNER AND THE CHURCH IN TERMS OF WHO'S GONNA HOLD THAT, THAT PROPERTY MOVING FORWARD, IF IT'S GONNA BE CONVEYED OR NOT.
ANY OTHER QUESTIONS? SO WE HAVE A MOTION FROM COUNCILMAN NORMAN TO APPROVE WITH THE AMENDMENT THAT WE WOULD WAIVE THE $6,000 $6,230 FEES.
WE HAVE A SECOND FROM COUNCILMAN LAD.
IS THERE ANY FURTHER DISCUSSION? SEEING NONE, LET'S VOTE THE MOTION TO AMEND PASSES UNANIMOUSLY.
[29. 10724 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 7A, BLOCK 6, WESTCLIFF ADDITION, SECTION 3, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF WOODCREST DRIVE AND PRINCETON AVENUE), BY PERMITTING (1) A REDUCED MINIMUM LOT DEPTH AND (2) A REDUCED MINIMUM LOT WIDTH; 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 (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
ORDINANCE GRANTING A SPECIAL EXEMPTION FOR LOT SEVEN A BLOCK SIX WEST CLIFF EDITION SECTION THREE, CITY AND COUNTY IN MIDLAND, TEXAS.GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF WOODCREST DRIVE AND PRINCETON AVENUE BY PERMITTING.
ONE, A REDUCED MINIMUM LOT DEPTH AND TWO, A REDUCED MINIMUM LOT WIDTH CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000.
ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS IN MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION.
THIS IS A SPECIAL EXCEPTION FOR PROPERTY AT 1401 WOODCREST IN DISTRICT THREE.
UM, THIS IS FOR REDUCED LOT DIMENSIONS TO ALLOW FOR SINGLE FAMILY HOMES TO GO IN AND ON THIS PROPERTY.
SO YOU CAN SEE ON THE SITE PLAN THEY'RE PROPOSING FOUR SINGLE FAMILY HOMES.
UM, AND THE PROPERTY IS ZONED FOR DUPLEX.
HOWEVER, YOU CAN HAVE A SINGLE FAMILY DETACHED, UH, DWELLING ON IN THE DUPLEX ZONING AND SO REQUESTING A MINIMUM LOT DEPTH OF, UH, 90 FEET FOR LOT NINE, WHICH IS THE TOP, UH, RIGHT LOT THERE.
AND THEN, UM, A REDUCED MINIMUM LOT WIDTH FOR OF 70 FEET FOR LOT 12, WHICH IS THE BOTTOM LEFT LOT.
SO AS I MENTIONED, IT'S ZONED AS THE DUPLEX ZONING, WHICH IS PERFECTLY FINE.
AND THAT'S, UM, WHAT THE SURROUNDING ZONING IS AS WELL.
IT CURRENTLY HAS A CHURCHING UPON IT, UH, WHICH WILL BE REMOVED, UM, AS A SUBDIVIDE.
AND IT IS, UH, SURROUNDED BY RESIDENCES ALSO ZONED TO FAMILY, UH, OR EXCUSE ME, DUPLEX.
HERE'S A LOOK AT THE PROPERTY RIGHT NOW AND WE DO RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS HERE.
AND WE DIDN'T RECEIVE ANY OBJECTIONS EITHER, SO I HAPPY TO ANSWER ANY QUESTIONS.
SO JUST LOOKING AT THIS BECAUSE, UM, ONE OF THE THINGS THAT I NOTICED WHENEVER EVEN GOING OUT THERE IS THAT DIVIDING THIS PARTICULAR PIECE OF PROPERTY INTO FOUR LOTS, I MEAN IT WAS REALLY CRAMMING A LOT IN THERE AND IT REALLY DIDN'T MAKE A WHOLE LOT OF SENSE WITH THE REST OF THE NEIGHBORHOOD.
TO ME, THIS LOOKS LIKE IT WAS SOMETHING THAT WAS PROBABLY MORE DESIGNED FOR TWO INSTEAD OF FOUR, UM, BECAUSE NOW WE'RE HAVING TO CHANGE SETBACKS, WE'RE HAVING TO DO CHANGES THERE AND, AND AGAIN, IT JUST, IT JUST DID NOT, IT WASN'T, DIDN'T FLOW VERY WELL WITH THE REST OF THE NEIGHBORHOOD.
SO AS, AS FAR AS THE SETBACKS, WE DIDN'T IDENTIFY ANY SETBACKS THAT NEEDED TO BE MODIFIED.
IT LOOKS LIKE THEY'RE MEETING THEM, ESPECIALLY WITH THE ALLEY IN THE BACK.
UM, BUT YES, YOU, YOU ARE CORRECT.
THEY'RE HAVING TO MODIFY THE LOT DIMENSIONS.
YEAH, THEY'RE HAVING TO MODIFY AND, AND AGAIN, IT JUST KIND OF LOOKS LIKE WE'RE PUTTING SOMETHING IN THIS NEIGHBORHOOD THAT DOESN'T NECESSARILY, IT'S NOT LIKE CONDUCIVE TO THE REST OF THE NEIGHBORHOOD.
AND I KNOW SOME PEOPLE THAT I'VE SPOKEN WITH, THEY HAD THAT SIMILAR CONCERN.
THEY WERE NOT NECESSARILY WITHIN THE A HUNDRED FOOT, BUT THEY WERE WITHIN THE VICINITY AND SAID, HEY, THIS JUST DOESN'T MAKE A LOT OF SENSE.
AND, YOU KNOW, AND AFTER TAKING A LOOK AT THIS, AGAIN, THIS LOOKS LIKE SOMETHING THAT WAS DESIGNED WHERE, UH, WE'RE, WE'RE TRYING TO SHOVE IT IN THERE, BUT IT LOOKS LIKE IT REALLY PROBABLY SHOULD HAVE JUST BEEN FOR JUST MAYBE TWO INSTEAD OF FOUR.
MY QUESTION IS, UM, THAT'S NOT A CUL-DE-SAC, IS IT? WHAT, WHAT ARE WE CALLING THE LITTLE PIECE OF THE STRIP RIGHT IN THE MIDDLE? YEAH, PARKING LOT.
I MEAN, IS THAT JUST A PARKING LOT? AND THEN WHO MAINTAINS THAT? SO THAT'S, THAT'S AN EASEMENT.
UM, FOR THEM TO JUST ACCESS ALL FOUR OF THE LOTS, IT'S GONNA BE 30 FEET WIDE.
WHO, WHO WILL MAINTAIN THAT? THE CITY? NO.
I THINK, I THINK THAT'S PROBLEMATIC.
SO I NOTICED THAT THERE WERE TWO LOTS.
ARE TWO LOTS NOT AN EXCEPTION THEN TWO LOTS ARE AN EXCEPTION.
IS THAT HOW THAT'S WORKING OUT? 'CAUSE IT SAID TWO LOTS ARE 90 FEET INSTEAD OF HUNDRED AND THEN 70 INSTEAD 75.
SO THE TOP RIGHT LOT, UM, IS THE ONE NEEDING THE, THE DEPTH EXCEPTION OF THE VARIANCE.
UM, AND THEN THE BOTTOM LEFT LOT NEEDS THE WIDTH VARIANCE THERE.
[01:20:01]
BUT THE OTHER ONES DON'T NEED A VARIANCE, CORRECT? YES, SIR.
AND THE REASON THAT THEY'RE NEEDING THE IS, IS IT THE A HUNDRED FOOT, IS THAT A PRODUCT OF IT BEING A CORNER HOME OR NOT? NO, SIR.
UM, IT WOULD NEED TO BE A HUNDRED FOOT, WHETHER IT'S OKAY, YEAH.
I, TO ME, I I, I WOULD ON THE MACRO LEVEL, I, I WOULD HAVE A PROBLEM WITH THIS IF WE WERE DESIGNING A, A VERY LARGE NEIGHBORHOOD, BUT ON THE MICRO LEVEL MM-HMM
WITH JUST A SMALL BLOCK IN OUR DISTRICT, DISTRICT THREE NEEDS MORE AFFORDABLE HOUSING IN MY OPINION.
AND THE NEIGHBORS HAVEN'T OBJECTED.
SO THAT'S KIND OF WHERE MY HEAD'S AT.
AND THIS, THIS IS ZONED FOR, UH, SO THE TWO FAMILY DWELLING DISTRICT, IS THAT A DUPLEX? YES, SIR.
IT'S ZONED FOR DUPLEX, BUT YOU CAN HAVE A SINGLE FAMILY DETACHED DWELLING IN THE DUPLEX, DUPLEX ZONING, RIGHT? MM-HMM
BUT I THINK IF YOU, IF YOU WERE TO CONSIDER EACH INDIVIDUAL ONE HAS ITS OWN LOT AND YOU PULL OUT AND YOU LOOK AT IT AT A MACRO LEVEL, THERE'S NO OTHER LOTS THAT ARE DIVIDED LIKE THAT.
THAT'S, THAT WAS MY BIGGEST CONCERN WITH IT, IS THAT THERE'S NOTHING ELSE THAT'S GOING TO LOOK LIKE IT WITHIN THE ENTIRE NEIGHBORHOOD.
UM, IF YOU'RE SUBDIVIDED IN THAT MANNER.
NOW, IF IT WAS SUBDIVIDED INTO TWO LOTS, IT WOULD WORK VERY SMOOTHLY IN CONJUNCTION WITH THE LOT SIZES FOR THE REST OF THE LOTS.
AND SO THAT, THAT WAS MY CONCERN OFTEN ON THESE TYPES OF ISSUES.
AND THIS, FIRST OF ALL, LET ME SAY THIS IS A PUBLIC HEARING.
I'LL OPEN THE PUBLIC HEARING, WE HAVE NO REQUEST TO SPEAK, SO I'LL CLOSE THE PUBLIC HEARING.
UM, BUT OFTEN ON THESE TYPES WE DEFER AND ALLOW SOME FURTHER CONVERSATION.
WHEN WE'VE IDENTIFIED SEVERAL CONCERNS, I, THIS MIGHT BE AN APPROPRIATE PLACE TO REQUEST THAT SINCE WE DON'T HAVE THE APPLICANT, ANYONE HERE TO SPEAK ON THEIR BEHALF, I THINK IT'S FAIR ENOUGH.
SO IF WE, IF WE VOTE THIS DOWN, THEN WE, THEY HAVE TO WAIT TO, TO BE ABLE TO COME BACK.
I THINK IT'S BETTER TO GIVE THEM THE OPPORTUNITY TO MAKE AMENDMENTS AND HAVE DISCUSSIONS.
I JUST HAVE ONE REAL QUICK QUESTION JUST TO ASK.
HOW DID IT FARE AT P AND Z? SO THE SPECIAL EXCEPTION ITSELF DID NOT GO TO P AND Z JUST 'CAUSE SPECIAL EXCEPTIONS AREN'T REQUIRED TO GO TO P AND Z.
HOWEVER, THE, UH, THE ASSOCIATED PLAT WITH IT, UM, WAS DENIED BY P AND Z FOR NOT MEETING THE, UH, THE LOT DIMENSIONS.
AND SO THE, THEM BEING ABLE TO BRING THAT PLAT BACK IS DEPENDENT ON WHETHER THIS GETS APPROVED.
SO WE HAVE A MOTION FROM COUNCILWOMAN POOL TO DEFER THIS ITEM.
I WOULD SECOND WE HAVE A SECOND FROM COUNCILMAN BUR HOLDER.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
MOTION TO DEFER CARRIES UNANIMOUSLY.
[30. 10725 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 1 AND THE EAST HALF OF LOT 2, BLOCK 25, HIGH SCHOOL ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF WEST CUTHBERT AVENUE AND NORTH B STREET), BY PERMITTING A REDUCED MINIMUM LOT WIDTH; 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 (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
30, PLEASE.NOR IS GRANTING A SPECIAL EXCEPTION FOR LOT ONE AND THE EAST HALF OF LOT TWO BLOCK 25 HIGH SCHOOL.
ADDITION CITY AND COUNTY MIDLAND, TEXAS, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF WESTFORD AVENUE AND NORTHEAST STREET BY PERMITTING A REDUCED MINIMUM LOT WITH CONTAINING CUMULATIVE CLAUSE CONTAINING A SAVINGS.
THE SEVERABILITY CLAUSE PROVIDED FOR A MAXIMUM PENALTY OR FINE OF $2,000 ORDERING RECORDATION BY THE CITY SECRETARY AND INDEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION.
SO THIS IS ANOTHER SPECIAL EXCEPTION AT 9 0 1 WEST CUTHBERT AVENUE.
UM, THIS IS REALLY JUST TO LEGALIZE WHAT IS, UH, WHAT IS ALREADY THERE.
SO THEY'RE TRYING TO MAKE AN ADDITION TO THEIR HOME, BUT THE CURRENT LOT LINES, UH, SIT OVER THEIR HOME AND THEY ALSO, UM, THE ADDITION WOULD ENCROACH ON THE SETBACKS.
HOWEVER, THE, THE PROPOSED LOT LINES DO FALL INTO TO, UH, ARE INCONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD.
SO THAT'S WHY WE DON'T HAVE AN ISSUE WITH THIS.
UM, WE DID RECEIVE ONE OBJECTION.
UM, WE RECEIVED ONE OBJECTION THAT VOICE CONCERNS ABOUT, UH, TRAFFIC IN THE AREA.
SHOULD THIS OCCUR IN, UM, GIVEN THE SCALE OF THIS EVEN SUCH A SMALL SCALE DEVELOPMENT, THERE'S NOT REALLY GONNA BE AN INCREASE IN TRAFFIC.
AND WE, WE REACHED OUT TO THEM AND, AND TRIED TO CLARIFY THAT AND, BUT, UM, THEY, THEY STILL WANTED TO HAVE THEIR OBJECTIONS SUBMITTED.
AND SO, UM, JUST FOR INFORMATION THAT'S RESULTED IN ABOUT A TWO, 2% OBJECTION PERCENTAGE, SO NOWHERE NEAR THE SUPER MAJORITY TRIGGER.
AND SEVERAL HOMES IN THIS NEIGHBORHOOD ALREADY HAVE THIS EX EXEMPTION, CORRECT? MM-HMM
WELL, IT, THEY MAY NOT ACTUALLY HAVE A, AN ACTUAL SPECIAL EXCEPTION ASSOCIATED WITH THEM, BUT THEY DO, UM, THEY ARE CONSISTENT WITH THE PROPOSED LOT DIMENSIONS AND I HAVE A FEW OF THEM HERE.
UM, JUST TO, TO MENTION THEM, MANY OF THE THINGS THAT WERE, THAT THEY WERE NOT PLATTED IN ACCORDANCE WITH WHAT WAS ACTUALLY BUILT THERE.
AND SO WE HAVE, WE HAVE DISAGREEMENTS BETWEEN WHAT IS ON RECORD WITH THE PLATS AND WHAT IS EXISTING.
THIS IS CLEANING UP ONE OF THOSE.
THIS IS JUST AN ADMINISTRATIVE FIX.
ANYONE, ANY OTHER, OTHER THESE, UH,
[01:25:01]
OH MY GOSH.ANY, ANY ONE OF THESE OTHERS NEIGHBORHOOD NEIGHBORS WOULD NEED TO DO THE SAME THING IF THEY WANTED TO ADD ONTO IT.
AND I WOULD BE WILLING TO BET THAT THERE'S A WHOLE LOT MORE THROUGHOUT THE REST OF THE CITY THAT ARE THE SAME WAY.
THIS IS A REALLY COMMON ISSUE.
ALRIGHT, SO THIS IS A PUBLIC HEARING.
WE HAVE NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING.
IS THERE ANY FURTHER DISCUSSION AMONG COUNCIL? OKAY.
DO WE HAVE ANY ACTION FROM COUNSEL? WE HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN LAD.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE THE MOTION.
[31. 10726 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 15,061-SQUARE-FOOT PORTION OF LOT 3A, BLOCK 3, MAYFIELD PLACE, SECTION 8, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH MIDKIFF ROAD AND MOCKINGBIRD LANE), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT 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 (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
PLEASE.AND ORDINANCE AMENDING THE ZONING DISTRICT MATTER FOR THE CITY OF MELIN.
GRANT, A SPECIFIC USE DESIGNATION WITH TERM FOR A 15,061 FOOT SQUARE FOOT PORTION OF LOT THREE, A BLOCK THREE MAYFIELD PLACE, SECTION EIGHT, CITY AND COUNTY IN MIDLAND, TEXAS.
GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH MID FIFTH ROAD AND MOCKINGBIRD LANE, WHICH IS PRESENTLY ZONE RR REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON-PREMISES CONSUMPTION, MAKING SAID DESIGNATION, SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS AND FAVORABILITY CLAUSE PROVIDING FROM A MAXIMUM PENALTY OF FINE OF $2,000 AND ORDERING PUBLICATION.
ALRIGHT, THANK YOU MAYOR AND COUNSEL.
SO THIS IS A SPECIFIC DESIGNATION FOR ALCOHOL FOR THE SALE AT A RESTAURANT, UH, CALLED CORK AND PICKLE.
AND YES, I, I DO MEAN CORK AND PICKLE, UM, IS HERE AT THE, UH, SUMMIT CENTER IN DISTRICT ONE.
AND HERE'S A LOOK AT THE SITE PLAN.
YOU CAN SEE THE PICKLEBALL COURTS THERE.
THE HOURS ON MONDAY THROUGH THURSDAY, 11:00 AM TO 10:00 PM FRIDAY, 11:00 AM TO 11:00 PM SATURDAY, 10:00 AM TO 11:00 PM AND THEN SUNDAY, 10:00 AM TO 9:00 PM AND THAT'S CONSISTENT WITH THE, UH, SURROUNDING, UH, ZONING, CURRENT ZONING AND THE LAND USE.
SO WE DON'T HAVE ANY ISSUES WITH THAT.
UH, HERE'S, JUST LOOK AT, LOOK AT THE PROPERTY AS IT IS AND IT'S COMPATIBLE WITH THE COMP PLAN.
NO SCHOOLS, CHURCHES OR ANYTHING LIKE THAT NEARBY.
AND, UH, WE DO RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS.
OKAY, THIS IS A PUBLIC HEARING.
I'LL OPEN THE PUBLIC HEARING AND WE HAVE NO REQUEST TO SPEAK.
SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR, WE HAVE A MOTION FROM COUNCILMAN STUBBS AND A SECOND FROM COUNCILMAN BERKHOLDER.
THERE'S NO FURTHER DISCUSSION.
THE MOTION CARRIES UNANIMOUSLY.
[32. 10727 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 5,724-SQUARE-FOOT PORTION OF LOT 3A, BLOCK 3, MAYFIELD PLACE, SECTION 8, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH MIDKIFF ROAD AND MOCKINGBIRD LANE), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT 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 (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
PLEASE.AND ORDINANCE AMENING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC EAST DESIGNATION WITH TERM FOR A 5,724 SQUARE FOOT PORTION OF LOT THREE A BLOCK THREE MAYFIELD PLACE, SECTION EIGHT, CITY AND COUNTY IN MIDLAND, TEXAS.
GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH MIDCAP ROAD IN MOCKINGBIRD LANE, WHICH IS PRESENTLY ZONED R OUR REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY ABUSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR NON 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 OF FINE OF $2,000 AND ORDERING PUBLICATION.
ALRIGHT, SO THIS IS A SIMILAR THING.
SO THIS IS LOCATED AT THE SUMMIT CENTER, IT'S FOR RED OAK KITCHEN, UM, IT'S SUD FOR ALCOHOL AND THEY'RE PROPOSING, UM, SIMILAR HOURS, BUT THURSDAY 11:00 AM TO 10:00 AM FRIDAY 11:00 AM TO 11:00 PM AND THEN SATURDAY 11:00 AM TO 11:00 PM SUNDAY, 11:00 AM TO 9:00 PM AND, UH, WE ALREADY WENT OVER THE ZONING AND LAND USE, SO I'LL SKIP OVER THAT.
HERE'S ANOTHER IMAGE OF THE PROPERTY, NO ISSUES WITH THE COMP PLAN, AND WE RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS.
WE HAVE, THIS IS A PUBLIC HEARING.
WE HAVE NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING.
WE HAVE A MOTION FROM COUNCILMAN POOL AND A SECOND FROM COUNCILMAN STUBBS.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
I WAS TOLD THIS WEEK THAT THE MOTION CARRIES UNANIMOUS RED OAK KITCHEN HAS BRUNCH.
UM, ALL RIGHT, ITEM NUMBER 33,
[33. 10728 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT 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), WHICH IS PRESENTLY ZONED CB, CENTRAL BUSINESS DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A BAR 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 (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
PLEASE.AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 13 BLOCK 61 ORIGINAL TOWN EDITION SECTION 25, CITY AND COUNTY IN MIDLAND, TEXAS, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST WALL STREET AND SOUTH PAZO STREET, WHICH IS PRESENTLY ZONE CB CENTRAL BUSINESS DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A BAR FOR ON-PREMISES CONSUMPTION, MAKING SAID DESIGNATION, SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING A C CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 IN ORDERING PUBLICATION.
UM, I'M REALLY SORRY, I I HAVE A POINT OF ORDER ISSUE.
[01:30:01]
UH, I NOTICED IN THE AGENDA, 'CAUSE I, IT STOOD OUT TO ME YESTERDAY, IT SAID THAT THEIR HOURS OF OPERATION WERE 10:00 AM TO 11:00 AM ON SATURDAY.SO FOR ONE HOUR, IS THAT GONNA CREATE AN ISSUE? IS IT SURELY THEY MEANT 10:00 AM TO 11:00 PM RIGHT.
I'M SHOWING, I'M, I'M SORRY, I'M SHOWING 10:00 AM TO 11:00 PM OKAY.
SO IT WAS IN THE MEMO INCORRECTLY, BUT IT WAS IN THE ORDINANCE.
YEAH, I JUST TO MAKE SURE THAT WE WEREN'T GIVEN THEM ONE HOUR ON SATURDAY.
IF THAT, IF THERE IS SOMETHING THERE, THEN YOU'LL BRING IT BACK TO US AND LET US KNOW.
UM, DO WE NEED A PRESENTATION ON THIS PARTICULAR ONE? OKAY.
UM, SO THIS IS A PUBLIC HEARING.
WE DON'T HAVE ANY REQUESTS TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING.
IS THERE ANY FURTHER DISCUSSION AMONG COUNSEL? DO WE HAVE ANY ACTION? I JUST, I DO HAVE A QUESTION.
I JUST, THERE THE INCIDENT RATE.
HAVE, HAVE WE SEEN A DECREASE IN THAT MIGHT, WE'VE SEEN IN THE OTHER BARS ARE IN THAT PART OF TOWN? SO LAST WE'VE SEEN, UM, IT'S STILL ABOUT THE SAME AS WHAT WE LOOKED AT LAST TIME.
ALEXIS, YOU'RE PROBABLY GONNA HAVE TO HELP ME OUT HERE.
SO I THINK IT WAS 25 INSTANCES REPORTING IT WAS 25, WENT DOWN TO, IT WAS A 6.4.
CAN YOU COME TO THE MICROPHONE FOR THE RECORD PLEASE, ALEXIS? UM, IT, IT WAS 25 INCIDENTS THROUGH THE YEAR FROM JUNE TO NOW AND IT WENT DOWN TO 3.4 WHERE IT WAS A 6.4 AVERAGE MONTHLY.
ALRIGHT, UM, I THINK I SAW A MOTION FROM COUNCILWOMAN BURKES.
DO WE HAVE A SECOND? WE HAVE A SECOND FROM COUNCILMAN NORMAN.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[34. 10729 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE BLOCKS 21 AND 22, REPLAT OF BLOCKS 21 AND 22 OF KELVIEW HEIGHTS ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM MF-16, MULTIPLE-FAMILY DWELLING DISTRICT, IN PART, LR, LOCAL RETAIL DISTRICT, IN PART, RR, REGIONAL RETAIL DISTRICT, IN PART, AND PD, PLANNED DEVELOPMENT DISTRICT FOR A TRANSITION DISTRICT, IN PART, TO RR, REGIONAL RETAIL DISTRICT (GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF NORTH BIG SPRING STREET AND HUMBLE AVENUE); 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 (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND REZONE BLOCKS 21 AND 22 RELA BLOCKS 21 AND 22 OF KEVILLE HEIGHTS.ADDITION CITY AND COUNTY OF MIDLAND, TEXAS FROM MF 16, MULTIPLE FAMILY DWELLING DISTRICT IN PART LR LOCAL RETAIL DISTRICT, IN PART RR REGIONAL RETAIL DISTRICT IN PART AND PD PLAN DEVELOPMENT DISTRICT FOR A TRANSITION DISTRICT IN PART TO RR REGIONAL RETAIL DISTRICT.
GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF NORTH BIG SPRING STREET AND HUMBLE AVENUE CONTAINING A COMMUTATIVE CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION.
SO THIS IS A ZONE CHANGE REQUEST BY MIDLAND REGENCY PARTNERS LSC FOR A PROPERTY OFF OF NORTH BIG SPRING TO LOCATED IN COUNCIL DISTRICT THREE.
AND THEY'RE DOING THIS, UH, FOR THE DEVELOPMENT OF A COMMERCIAL DEVELOPMENT.
SO, UM, AS RACHEL READ OFF THERE, IT'S CURRENTLY ZONED, UM, A NUMBER OF OF ZONINGS THAT UM, I WON'T GO THROUGH, BUT YOU CAN SEE 'EM HERE ON THE MAP.
UM, AND THE SURROUNDING ZONING IS ALSO NON-RESIDENTIAL RETAIL COMMERCIAL TYPE USES.
UH, HERE'S A LOOK AT THE PROPERTY IS CURRENTLY, SO, UM, CURRENTLY HAS A, SOME VACANT APARTMENTS ON THERE AND THEN AN EXISTING SHOPPING CENTER AND THEY WERE PROPOSING A NEW RETAIL COMMERCIAL DEVELOPMENT.
AND THAT'S COMPATIBLE WITH THE COMP PLANS.
UM, AND IN RELATION TO THIS REQUEST, WE DO HAVE A PLAT GOING THROUGH THE PROCESS TO PLA REPL THIS PROPERTY AND WE DON'T HAVE ANY OBJECTIONS, SO RECOMMEND APPROVAL OF THIS REQUEST AND HAVE YOU ANSWER ANY QUESTIONS.
ANY QUESTIONS FOR STAFF ON THIS? I DON'T HAVE ANY QUESTIONS, BUT I DO HAVE A COMMENT.
THERE WAS SOME OLD APARTMENTS RIGHT THERE, UM, USED TO BE CALLED NEW JACK CITY FOR THOSE THAT, UH,
WHAT WAS IT CALLED? NEW JACK CITY.
I JUST WANTED TO GO ON THE RECORD AND SAYING WE GOT THOSE APARTMENTS ARE GONE, BUT, UH, IT WAS A LOT OF, LOT OF MEMORIES OVER THERE IN THOSE APARTMENTS.
NOW THEY'RE THE OLD JACK APARTMENTS.
WE HAVE NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR FURTHER COMMENT OR ACTION FROM COUNCIL.
ANYBODY WANT, WE HAVE A MOTION FROM COUNCILMAN BURS AND OR BERKHOLDER AND THEN SECOND FROM COUNCILWOMAN BURKES.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
THE SOMETIMES WHEN THE COMPUTER IS LAGGING IT THROWS ME OFF THERE, SO.
[35. 10730 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 1 AND 2, BLOCK 15, LILLY HEIGHTS ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR AN OFFICE CENTER TO O-1, OFFICE DISTRICT (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF ANDREWS HIGHWAY AND TARLETON STREET); 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 (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
PLEASE.AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS ONE AND TWO.
BLOCK 15 LILY HEIGHTS EDITION CITY AND COUNTY OF MIDLAND, TEXAS FROM PD PLAN DEVELOPMENT DISTRICT FOR AN OFFICE CENTER TO OH ONE OFFICE
[01:35:01]
DISTRICT, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF ANDREWS HIGHWAY AND CARLETON STREET CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OF FINE OF $2,000 AND ORDERING PUBLICATION.THIS IS A REQUEST BY, UH, ROSS VENTURES, LLC FOR PROPERTY AT 3 4 0 9 AND 3 4 11 ANDREWS HIGHWAY COUNCIL DISTRICT THREE.
AND THEY'RE, UM, EXPANDING ONTO THEIR OFFICE IS THERE, IT'S CURRENTLY ZONED A PD, WHICH OF COURSE HAS A SITE PLAN REGULATING IT.
UM, SO THEY HAVE TO COME IN AND THEY WOULD NORMALLY HAVE TO COME IN AND AMEND IT, BUT, UM, INSTEAD THEY'RE ACTUALLY PROPOSING AN OFFICE DISTRICT TO STANDARD ZONING, UM, TO TAKE THOSE REGULATIONS OFF THEM.
AND SO, UM, THE SURROUNDING ZONING IS CONSISTENT WITH THAT.
THERE'S SOME, THERE'S SOME MEDICAL CLINIC TO THE NORTH, BUT ALSO SOME SEEING FAMILY TO THE, TO THE SOUTH.
UM, THIS IS JUST A LIKE LIGHT OFFICE USE, SO THERE'S NO ISSUES THERE.
THE COMP PLAN DESIGNATES THIS AS A SPECIAL STUDY AREA, BUT IT DOESN'T HAVE ANY REALLY ANY POLICIES ASSOCIATED WITH IT, SO THERE ISN'T REALLY NECESSARY AN ISSUE THERE.
AND WE DIDN'T RECEIVE ANY OBJECTIONS, SO WE'RE RECOMMENDING APPROVAL.
HAPPY TO ANSWER ANY QUESTIONS.
OKAY, DO WE HAVE ANY QUESTIONS FOR STAFF ON THIS ONE? SEEING NONE, UM, I'LL OPEN THE PUBLIC HEARING.
THERE'S NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION OR FURTHER COMMENT FROM COUNSEL.
WE HAVE A MOTION FROM COUNCILMAN LADD, A SECOND FROM COUNCILWOMAN POOL.
IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[36. 2026-037 - RESOLUTION APPOINTING A BOARD MEMBER TO THE MIDLAND DOWNTOWN PARK CONSERVANCY BOARD OF DIRECTORS; AND DIRECTING THE CITY MANAGER TO DELIVER A COPY OF THIS RESOLUTION TO THE MIDLAND DOWNTOWN PARK CONSERVANCY (DISTRICT: ALL) (CITY SECRETARY) (TRANSPARENT & CONSISTENT COMMUNICATION)]
UH, RESOLUTION APPOINTING, UM, A BOARD MEMBER TO THE MIDLAND DOWNTOWN PARKS CONSERVANCY BOARD OF DIRECTORS AND DIRECTING THE CITY MANAGER TO DELIVER A COPY OF THIS RESOLUTION TO THE MIDLAND DOWNTOWN PARKS CONSERVANCY.OKAY, SO FOR THIS PARTICULAR ITEM, WE HAVE THREE, UM, CITY APPOINTED POSITIONS ON THIS BOARD.
UM, PRESENTLY THAT HAS BEEN SHARLA, HOTCHKISS, L LV BROWN, AND TRACY PROCTOR.
LV BROWN IS ELECTING HIS RESIGNATION EFFECTIVE 9 30 20 26.
AND SO WE ARE BASED ON THE DOCUMENTATION, WE HAVE TO HAVE THE APPOINTED BY RESOLUTION NO LATER THAN FEBRUARY.
SO WE DO NEED TO TAKE ACTION ON THIS.
YOU HAVE THE PACKET OF APPLICANTS HERE IN FRONT OF YOU.
AND SO WE HAVE ONE VACANCY TO APPOINT A REPLACEMENT FOR.
ARE WE VOTING LIKE THIS OR? YES.
IF YOU WOULD WRITE YOUR NAME ON YOUR STICKY NOTE AND PASS IT IN, IN THE SAME WAY THAT WE'VE DONE AND THOSE WILL BE PRESERVED FOR THE RECORD.
CAN I USE A STICKY NOTE?
UH, IT, IT WAS LUMPED IN WITH THE SIGNS.
UM, SO THIS EMILY NEW WROTE ON HER PAGE THAT SHE WAS WILLING TO SPEAK ON 36 THROUGH 40 RELATED TO THE SIGN.
SO I DON'T THINK THAT PERTAINS TO THIS ITEM.
UM, SO WE HOLD ON SO YOU CAN SEND YOUR BALLOTS DOWN.
THOSE ARE PRESERVED FOR THE RECORD.
THE NOMINATION FOR CHRISTOPHER BUTLER WAS UNANIMOUS BY THE COUNCIL.
OKAY, SO WE HAVE THAT NAME FORWARD AS OUR NOMINATION.
WE NEED ACTION TO APPOINT THEM.
SO WE HAVE A MOTION FROM COUNCILWOMAN POOL AND A SECOND FROM COUNCILMAN STUBBS TO APPOINT CHRIS BUTLER AS THE REPRESENTATIVE FOR THE PARKS CONSERVANCY BOARD.
UM, IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
OH, I DIDN'T GET A, A HIGHLIGHTED COPY THIS TIME, SO I'VE BEEN WINGING IT SUCCESSFULLY UNTIL ITEM 37.
[37. 016-2026 - MOTION GRANTING CLOVIS SIGN SERVICES’ APPEAL AND REVERSING THE BUILDING OFFICIAL'S DENIAL OF A SIGN PERMIT FOR LOT 1A, BLOCK 61, BELMONT ADDITION, SECTION 10, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF RANKIN HIGHWAY AND CRUMP STREET) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
YOU DOING A GREAT JOB.A MOTION GRANTING CLOVIS SIGNED SERVICES APPEAL AND
[01:40:01]
RESERVING THE BUILDING OFFICIALS DENIAL OF ASSIGNED PERMIT FOR LOT ONE A BLOCK 61 BELMONT EDITION, SECTION 10, CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF RANKIN HIGHWAY AND CRUMP STREET.SO THIS ITEM, AND THEN THE NEXT THREE ITEMS ARE SIGN APPEAL REQUESTS AND FOR THE SAME COMPANY SIGN.
UM, AND WHAT THEY'RE DOING IS THEY ARE REPLACING EXISTING SIGNAGE, UM, BECAUSE IT'S, INSTEAD OF SCO IT'S UH, NOW PHILLIPS 66.
SO THIS PARTICULAR ITEM IS FOR A PROPERTY AT 24 11 RANKIN HIGHWAY.
AND UM, YOU'LL SEE HERE, SO THE ALLOWED SQUARE FOOTAGE, UM, BY THE CODE IS 400 SQUARE FEET.
UM, THEY'RE, THEY'RE EXISTING SCIENTISTS, 608 SQUARE FEET AND THEY'RE JUST PROPOSING 613.
SO THEY'RE REALLY JUST REPLACING WHAT WAS EXISTING, WHAT WAS ALREADY THERE.
IT JUST WAS NEVER FORMALLY ALLOWED.
DO WE HAVE PICTURE SURE OF WHAT IT LOOKS LIKE CURRENTLY? YEAH, SURE.
SO SWITCHING FROM SUN DAKOTA TO PHILLIPS 66.
UM, I LOOK WE HAVE ANOTHER ONE HERE.
AND HERE'S THE, UM, THE POLE SIGN THERE.
SO THE EXISTING SIGNAGE WAS WRONG OR, WELL, THE EXISTING SIGNAGE WAS NON-CONFORMING TO THE CODE AND SO WE'RE REALLY JUST LEGALIZING WHAT THEY HAD ALREADY HAD ON THE PROPERTY AND NEW, THE NEW PHILLIPS 66 LOGOS PROPORTIONATELY JUST A LITTLE BIT BIGGER THAN THE CORRECT.
HERE'S THE DIMENSIONS AGAIN, SMALLER MM-HMM
AND, AND ON A LOT OF THESE THEY ACTUALLY WENT DOWN ON MM-HMM
ON SQUARE FOOTAGE, RIGHT? MM-HMM
SO ON THE MEMO IT SAYS THAT STAFF PROPOSES NO ACTION.
CAN YOU EXPLAIN WHY THAT'S THE STAFF PROPOSAL? WELL, SO WE WANTED TO JUST OFFER, AND WE SHOULDN'T HAVE PUT NO ACTION, I APOLOGIZE.
WE SHOULD HAVE PUT JUST ER DIRECTIONAL.
UM, AND THE REASON WHY IS BECAUSE, UH, SINCE THIS IS TECHNICALLY A PRETTY DRASTIC VARIANCE, UM, WE, WE NORMALLY WOULDN'T RECOMMEND APPROVAL OF SUCH A VARIANCE, BUT AT THE SAME TIME, BECAUSE IT IS THE EXISTING SIGNAGE AND WE'RE JUST LEGALIZING THAT WE ACTUALLY DO, WE RECOMMEND APPROVAL OF THIS.
SO THANK YOU FOR CLARIFYING BECAUSE I SAID IT IS A PRETTY NOMINAL INCREASE.
ACTUALLY, SOME OF 'EM ARE SMALLER, BUT I THINK, I THINK IT'S KIND OF WORTH GETTING NEW SIGNS UP BECAUSE SOME OF THEM, THEY'RE A LITTLE OLD.
UM, SO I DO THINK IT'S IMPORTANT BECAUSE SOME OF THE NEW DEVELOPMENTS THAT ARE COMING IN WITH REALLY HUMONGOUS SIGNAGE, WE'VE DENIED RECENTLY SOME OF THOSE VARIANCES.
AND SO THE, THE MAIN THING THAT'S COMPELLING TO ME HERE IS THAT IT'S EXISTING AND WE'RE JUST REPLACING MM-HMM
ANY OTHER COMMENTS OR QUESTIONS FROM COUNSEL? IF NOT, I'LL LOOK FOR YOUR ACTION.
OH, AND I GUESS, UM, THE, THE REQUEST TO SPEAK, JUST AS YOU'RE WILLING TO SPEAK, IF THERE'S ANY QUESTIONS YES.
SO WE DO HAVE A REPRESENTATIVE ON EACH OF THESE ITEMS FROM THE COMPANY.
I THOUGHT PHILLIPS, IT WAS SUNOCO I THINK IN, OH, SO THE, THE STORE WILL BE STRIPES, BUT THEN THE UM, THE PUMPS WILL BE PHILLIPS 66.
ALRIGHT, SO I'LL LOOK FOR ACTION FROM COUNCIL.
WE HAVE A MOTION FROM COUNCILWOMAN POOL AND A SECOND FROM COUNCILMAN STUBBS.
THERE'S NO FURTHER DISCUSSION.
THE MOTION CARRIES UNANIMOUSLY.
[38. 017-2026 - MOTION GRANTING CLOVIS SIGN SERVICES’ APPEAL AND REVERSING THE BUILDING OFFICIAL'S DENIAL OF A SIGN PERMIT FOR LOT 1, BLOCK 1, FAIRWAY PARK ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH BIG SPRING STREET AND EAST LOOP 250 NORTH) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
MOTION GRANTING CLOVIS SIGNED SERVICES APPEAL AND REVERSING THE BUILDING OFFICIALS DENIAL OF A SIGNED PERMIT FOR LOT ONE BLOCK, ONE FAIRWAY PARK EDITION CITY AND COUNTY IN MIDLAND, TEXAS, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH BIG STRING STREET AND EAST LOOP TWO 50 NORTH.CAN YOU SHOW US THE PROPOSED PICTURES? YOU DON'T HAVE TO GO THROUGH THE WHOLE THING, JUST SHOW US WHAT IT LOOKS LIKE NOW AND WHAT THEY'RE PROPOSING.
SO AGAIN, ROUGHLY THE SAME THING.
THEY'RE REQUIRED 360, HERE'S WHAT THE PICTURE LOOKS LIKE ON THE PUMPS.
AND THEN THIS IS, UM, THIS IS THE ALLOW THE ALLOWANCE OF FREESTANDING, FREESTANDING SIGNS PER FRONTAGE.
SO THEY'RE ALLOWED, UH, THREE, BUT THEY HAVE AN EXTRA ONE THAT'S EXISTING AGAIN.
SO THEY'RE ASKING FOR FOUR SIGNS TOTAL.
YOU'RE SAYING THAT THEY'RE ALLOWED FOUR? NO, SO THEY'RE ALLOWED THREE BECAUSE THEY HAVE THREE FRONTAGES, BUT THEY CURRENTLY HAVE FOUR AND SO THEY'RE JUST ASKING TO BE, TO HAVE THAT FOURTH ONE.
CAN YOU SHOW US A PICTURE OF THAT? SURE.
SO HERE'S WHAT THAT LOOKS LIKE.
WHY DO THEY NEED FOUR? LET'S SEE HERE.
[01:45:02]
GAS STATION? YES.YEAH, ONE'S A SUBWAY AND THE OTHER IS THE, THE THOUGHTS, THE SIGN.
MS. NEW, COULD I ASK YOU TO COME FORWARD AND EXPLAIN WHY THERE NEEDS TO BE FOUR STANDING SIGNS ON THIS ONE? PLEASE IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.
NEW 1312 EAST FIRST STREET, CLOVIS, NEW MEXICO.
SO FOR THIS PROPERTY IN PARTICULAR AND ESSENTIALLY FOR ALL OF THE PROPERTIES, SEVEN 11 INCORPORATED PURCHASED THESE PROPERTIES AND THEY PURCHASED THE PROPERTIES WITH ALL THE SIGNAGE IN PLACE.
SO ESSENTIALLY WHAT THEY'RE REQUESTING, UM, ALONG WITH THE FUEL BRAND, WHICH IT WANTS TO COME IN AND REBRAND THE STORES, IS TO LIKE WHAT WAS EXPLAINED, BASICALLY JUST ADD PHILIP SIGNAGE TO THE EXISTING FREESTANDING SIGNS.
THIS SITE IN PARTICULAR HAS A FOURTH SIGN, A SUBWAY SIGN, WHICH IS ESSENTIALLY ADVERTISING A SERVICE FROM INSIDE THE STORE.
SO IT'S A POLE SIGN IN ADDITION TO THE FUEL BRANDED SIGNS AS WELL.
SO ULTIMATELY THEY'RE JUST ASKING FOR CONSIDERATION TO KEEP THE SIGNS IN PLACE.
A MAJORITY OF OUR PROJECT ISN'T TOUCHING THE SIGNS.
MOST OF THE SIGNS ON SITE AT ALL, THE STOREFRONT SIGNS ARE SAYING EXACTLY THE SAME.
THE SUBWAY SIGN, FOR EXAMPLE, IS EXACTLY THE SAME IN THIS CASE.
SO ULTIMATELY WE'RE JUST CHANGING OUT THE SUNOCO BRANDING TO PHILLIPS.
SO THE SUBWAY SIGN IS ALREADY IN PLACE.
ALREADY IN PLACE AND AS PART OF THIS PROJECT WE'RE NOT TOUCHING IT.
BUT ONE OF YOUR SIGNS ON THIS PROPERTY, Y'ALL ARE ASKING FOR A THREE FOOT INCREASE OR HEIGHT INCREASE, SO WOULDN'T YOU HAVE TO REMOVE THE SIGN? YES, AND I CAN ACTUALLY SPEAK TO THAT AS WELL.
SO, UM, THAT WAS SOMETHING THAT WAS BROUGHT UP IN OUR DISCUSSIONS WITH THE PERMITTING OFFICE.
SUNOCO SIGNS ARE WIDER RATHER THAN HIGHER AND THE PHILLIPS BRANDED SIGNS ARE A SQUARE.
SO BY DEFAULT IN SOME CASES WE'RE ADDING A LITTLE BIT OF HEIGHT.
HOWEVER, WE CAN ALSO WORK WITH THAT AS WELL.
WE CAN JUST PROPOSE A SMALLER PHILLIPS CABINET.
SO THE OVERALL HEIGHT OF THE SIGN IS NOT INCREASED.
SO I'M CONFUSED ON, UH, SO Y'ALL NOT CHANGING ANY, UH, SIGNAGE, UH, AS FAR AS REBRANDING AND STUFF, IS Y'ALL NOT GONNA BE SEVEN 11 BRAND? THAT IS CORRECT.
AS OF RIGHT NOW, UH, WE'VE BEEN HIRED BY PHILLIPS 66 THROUGH SEVEN 11.
RIGHT NOW THE STORES ARE CURRENTLY REMAINING STRIPES, SO A MAJORITY OF THE SIGNAGE AT THE SITES, ALTHOUGH THEY'RE OWNED BY SEVEN 11, ARE STAYING STRIPES AS WELL AS A LAREDO.
TACO IS ALSO A SERVICE THEY PROVIDE.
YEAH, ALL OF THAT SIGNAGE IS REMAINING.
WE'RE ESSENTIALLY JUST REPLACING THE SIGNAGE ON THE CANOPY AND THEN THE APPLICABLE PRICE AND POLE SIGNS.
SO YOU'RE SAYING THAT IF WE DECIDED NOT TO GIVE YOU THE ADDITIONAL HEIGHT ON THIS ONE, YOU COULD MAKE IT ACCOMMODATION FOR THAT WE COULD MAKE IT WORK ABSOLUTELY VERY EASILY.
PHILLIPS HAS SOME STANDARD CABINET SIZES.
WE COULD, WE COULD MAKE THAT WORK, ABSOLUTELY.
I THINK THAT IS A GOOD IDEA TO APPROVE THIS WITH, UH, AN AMENDED REDUCTION OF THAT HEIGHT.
HOW WOULD WE NEED TO WORD THAT? NICHOLAS OR MARCIA? DO WE, DO WE KNOW WHAT THE DIMENSIONS ARE OF THE, OF THE LESSER SIGN IN TERMS OF SIZE IN COMPARISON TO YES.
IT WOULD TYPICALLY HAVE TO BE A SQUARE.
SO IN THIS CASE, IF WE WERE GOING, I BELIEVE THAT SLIDE JUST SHOWED A FIVE BY FIVE.
SO WE, IT WOULD HAVE TO BE, UM, FOUR BY FOUR OR TO BRING IT DOWN EVEN LOWER, WE COULD DO A SMALLER CABINET THREE BY THREE.
THAT GETTING THAT SMALL WOULD BE A CUSTOM CUSTOMIZATION, BUT ULTIMATELY IN THE TERMS OF PERMITTING, UM, THAT'S SOMETHING PHILLIPS CAN DO AND THEIR VENDORS CAN PROVIDE A CUSTOM CABINET TO MAKE SURE THAT WE'RE NOT, UM, GOING ABOVE THAT HEIGHT.
UM, BECAUSE THE SUNOCO CABINETS, THEY'RE MUCH WIDER.
SO TECHNICALLY THE SQUARE FOOTAGE OVERALL IS VERY SIMILAR.
THE CONOCO CABINETS ARE JUST WIDER RATHER THAN TALLER.
SO IT'S ESSENTIALLY VERY SIMILAR SQUARE FOOTAGE.
THE PHILLIPS CABINET JUST IS A LITTLE TALLER BECAUSE IT'S A SQUARE AND NOT THAT DIAMOND SHAPE.
WOULD YOU NOT JUST OPT TO CUT, YOU KNOW, TWO FEET OFF OF THE TOP OF THAT SIGN? AND THAT'S WHAT I WAS GOING TO KEEP THE SIGN ON THE POLE THE SAME SIZE.
AND THAT'S SOMETHING WE CAN CERTAINLY DO AS SIGN INSTALLERS.
SO, UM, WE JUST WANTED IT TO LEAVE IT TO YOUR DISCRETION AND WE CAN MAKE WHATEVER WORKS, UH, ACCOMMODATE, BUT THAT'S ABSOLUTELY SOMETHING THAT WE CAN DO TO JUST MAINTAIN THAT HEIGHT.
I I JUST WANNA MAKE SURE WHEN WE MAKE AN AMENDMENT, WE KEEP THE SQUARE FOOTAGE IF YOU THINK YOU CAN USE IT, I GUESS FOR SURE.
THE SQUARE FOOTAGE SIDE, JUST LIMIT THE HEIGHT SIDE.
SO WE CAN APPROVE AS WRITTEN, BUT AMEND IT TO REMOVE THE THREE FOOT OR THREE POINT WHATEVER FOOT VARIANCE.
NO, WHAT I'M SAYING IS JUST, JUST UM, ENSURE THAT IT KEEPS THE SAME HEIGHT.
THAT'S WHAT I'M KEEP KEEP THE SQUARE FOOTAGE.
[01:50:01]
I'M JUST ASKING HOW WE WORD IT.SO THE SQUARE FOOTAGE, I WOULD STAY THE SAME, BUT, UM, KEITH, SO SO IT WOULD BE A MOTION, A MOTION TO APPROVE THE VARIANCES AS REQUESTED WITH AN AMENDMENT TO LIMIT THE HEIGHT.
DOES SOMEONE, AND THAT GIVES THEM THE FREEDOM TO DO IT HOWEVER THEY YEAH, YEAH, EXACTLY.
DOES SOMEONE WANT TO MOST COSTLY MAKE THAT IN THE FORM OF A MOTION? SO I MAKE A MOTION TO APPROVE, UM, WITH THE AMENDMENT OF KEEPING THE ALLOWED HEIGHT, UM, BY COAT OF 30 FEET.
SO WE HAVE A MOTION FROM COUNCILMAN STUBBS TO APPROVE AS AMENDED AND THE COUNT, UH, SECOND FROM COUNCIL MEMBER HOLDER.
THERE'S NO FURTHER DISCUSSION.
THE MOTION TO APPROVE WITH THE AMENDMENT PASSES SEVEN TO ZERO.
[39. 018-2026 - MOTION GRANTING CLOVIS SIGN SERVICES’ APPEAL AND REVERSING THE BUILDING OFFICIAL'S DENIAL OF A SIGN PERMIT FOR LOT 6, BLOCK 2, WEST 191 INDUSTRIAL PARK, SECTION 3, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF STATE HIGHWAY 191 AND NORTH FM 1788) (DISTRICT: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
39 PLEASE.MOTION GRANTING CLOVIS SIGNED SERVICES APPEAL AND REVERSING THE BUILDING OFFICIALS DENIAL OF ASSIGNED PERMIT FOR LOT SIX BLOCK TWO WEST 1 91 INDUSTRIAL PARK, SECTION THREE, CITY AND COUNTY IN MIDLAND, TEXAS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF STATE HIGHWAY 1 91 AND NORTH FARM TO MARKET ROAD 1788.
CAN WE SEE THE OTHER, IT'S THE SAME THING.
IS THERE A HEIGHT CONCERN ON THIS ONE? OKAY, CAN YOU GO TO THAT? UM, THERE YOU GO.
NO, IT'S JUST REGARDING THE UM, THE SQUARE FOOTAGE.
IS THERE ANY DISCUSSION OR ACTION FROM COUNCIL ON THIS ONE? MOTION TO APPROVE.
OKAY, WE HAVE A MOTION TO APPROVE FROM COUNCILMAN BURKHOLDER AND A SECOND FROM COUNCILWOMAN POOL.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES SIX TO ZERO.
[40. 019-2026 - MOTION GRANTING CLOVIS SIGN SERVICES’ APPEAL AND REVERSING THE BUILDING OFFICIAL'S DENIAL OF A SIGN PERMIT FOR LOT 1, BLOCK 1, GARDEN TWENTY ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF EAST STATE HIGHWAY 158, APPROXIMATELY 200 FEET EAST OF EAST INTERSTATE 20) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]
MOTION GRANTING CLOVIS SIGNED SERVICES APPEAL AND REVERSING THE BUILDING OFFICIALS DENIAL OF ASSIGNED PERMIT FOR LOT ONE BLOCK, ONE GARDEN, 20 ADDITION CITY AND COUNTY IN MIDLAND, TEXAS, GENERALLY LOCATED ON THE SOUTH SIDE OF EAST STATE HIGHWAY 1 58, APPROXIMATELY 200 FEET EAST OF INTERSTATE 20.THIS LAST ONE IS, UH, SAME THING, SQUARE FOOTAGE, BUT ALSO UH, FOR THE ALLOWANCE OF AN ADDITIONAL SIGN WHICH WOULD NORMALLY NOT BE REQUIRED BY THE CODE.
SO IT'S CAN YOU TAKE US TO THAT PAGE OF THE ACTUAL DETAILS OF THE, THE OTHER RE MM-HMM
SO THE SQUARE FOOTAGE EXISTING PROPOSED IS LESS THAN THAT AND THEN THE NEXT ONE IS THE FREESTANDING.
YEAH, THIS WOULD BE ONE SIGN ALLOWED BECAUSE IT HAS ONE FRONTAGE.
UM, BUT THEY HAVE TWO, TWO SIGNS RIGHT NOW, SO MM-HMM
AND THIS WAS JUST TO ADVERTISE YOUR GAS PRICE TO THE FOLKS ON THE INTERSTATE, CORRECT? CORRECT, YES.
AND THAT EXISTING SIGN WOULD REMAIN AS IS AGAIN, WE WOULD JUST REPLACE THE SUNOCO WITH THE PHILLIPS.
IS THERE A HEIGHT VARIANCE WITH THIS ONE AS WELL? NO SIR.
CAN ANY DISCUSSION INTERACTION FROM COUNSEL ON THIS ONE? I DO HAVE ONE MORE QUESTION, BUT IT'S JUST A HUMAN INTEREST QUESTION,
HE HAS AN AFFINITY FOR SEVEN ELEVENS.
IS THERE ANY CHANCE THAT WE'RE GONNA SEE THE SEVEN 11 BRANDING COME BACK ON THESE STRIPE STORES IN THE FUTURE? THAT'S A GREAT QUESTION.
UNFORTUNATELY THAT'S INFORMATION THEY DON'T SHARE WITH ME.
I MEAN, HE HAS A WHOLE COLLECTION OF SEVEN 11 PARAPHERNALIA.
WELL, I'M GONNA REPORT THAT BACK TO THE SEVEN 11 TEAM.
I WORK WITH THEM PRETTY CLOSELY.
SO I'LL LET THEM KNOW FOR SURE.
ARE THEY GOING AT LEAST BRING THE SLURPEE, MY SON? IF YOU'RE GONNA DO THAT, YOU GOTTA HAVE THE QUARTER BY, YOU KNOW, THE QUARTER POUND BIG BITE HOT DOG TOO, SO, OH YEAH, THAT GOES RIGHT ALONG WITH THE SLURPING MAN.
WITH THAT, I'LL MAKE A MOTION
WE HAVE A MOTION FROM COUNCILWOMAN POOL AND A SECOND FROM COUNCILWOMAN BURKES TO APPROVE ITEM NUMBER 40.
IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.
THE MOTION CARRIES UNANIMOUSLY.
WE WILL MOVE FORWARD AND THANK YOU FOR YOUR COMMENTS.
UM, WITH THAT WE WILL MOVE FORWARD
[PUBLIC COMMENT ]
TO PUBLIC COMMENT.ITEM NUMBER 41 WILL RECEIVE PUBLIC COMMENT 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 PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES OR LESS.
WITH THAT, I'D LIKE TO CALL JUDGE CAMPBELL FORWARD TO MAKE PUBLIC COMMENT ON ITEM 41.
[01:55:04]
GOOD MORNING, MAYOR COUNCIL, JUDD CAMPBELL, MIDLAND, TEXAS.AT THE LAST COUNCIL MEETING, I ASKED THAT YOU ALL PUT ON THE AGENDA FOR A FUTURE MEETING, UM, AN UPDATE ON WHAT'S HAPPENING WITH THE OMNI HOTEL.
I'M ASKING THAT YOU DO THAT AGAIN.
UM, THERE ARE A LOT OF QUESTIONS AROUND WHAT'S GOING ON WITH THIS.
UM, THIS IS A VERY SIGNIFICANT PROJECT.
I'VE REACHED OUT DIRECTLY TO MS. HARRIS AT THE MDC.
I'VE REACHED OUT DIRECTLY TO YOU, MAYOR AND MS. HARRIS AGAIN TO HAVE A MEETING SO THAT WE COULD GO OVER THESE IF IT'S EASIER AND MORE CONDUCIVE TO DO SO IN PRIVATE.
IT'S IMPORTANT THAT THE PUBLIC UNDERSTAND WHAT'S GOING ON.
THANK YOU COUNCILMAN LAD FOR RESPONDING TO MY QUESTIONS AND EMAIL, UH, AT LEAST SOME OF THEM THAT WAS HELPFUL.
I LOOK TO HAVE MORE INFORMATION COME AND I APPRECIATE YOUR HELP.
UM, THIS IS A REALLY IMPORTANT PROJECT.
UM, AS YOU ALL KNOW, THIS IS THE LARGEST PROJECT THAT THE MDC HAS DONE IN THE HISTORY OF ITS EXISTENCE.
UM, IT IS SIGNIFICANT ALSO TO THE CITY OF MIDLAND.
UM, A FEW YEARS AGO WE PASSED IT.
WE PASSED A $100 MILLION ROAD BOND FOR IMPROVEMENTS TO OUR ROADS AND INFRASTRUCTURE IN THE CITY.
A CORE ITEM FOR A CITY TO, TO BE TAKEN CARE OF.
THEN THAT WENT TO A VOTE OF THE CITIZENS BECAUSE IT WAS A SIGNIFICANT AMOUNT OF MONEY AND IT WAS AN IMPORTANT ISSUE.
WE'RE LOOKING AT ABOUT $90 MILLION AND IT'S A LOT OF ESTIMATES INCLUDED IN THAT, OF TAXPAYER FUNDS THAT ARE GOING TO THIS PROJECT.
AND THE TAXPAYERS HAVE HAD NO INPUT ON THIS PROJECT.
AND I THINK THAT IS OUTSIDE OF THE LAW FOR ONE, BUT FOR TWO, IT'S IMPORTANT, THE SIGNIFICANCE OF A PROJECT LIKE THAT, THAT THE PUBLIC BE INFORMED ABOUT WHAT'S GOING ON, THAT THERE'S TRANSPARENCY AND ACCOUNTABILITY ABOUT HOW IT'S MOVING FORWARD.
SO I'D ASK THAT WE TAKE THE STEPS TO DO THAT.
WE ALLOW QUESTIONS AND ANSWERS FROM THE PUBLIC SO WE KNOW WHAT'S GOING ON, THAT WE'RE HOLDING OUR PRIVATE PARTNERS ACCOUNTABLE ON THEIR SIDE.
AND THAT CAN ONLY HAPPEN IF WE'RE DOING THESE THINGS IN PUBLIC AND WE KNOW WHAT'S GOING ON.
UH, THERE HAS BEEN DISCREPANCIES IN THIS ROOM.
THERE HAVE BEEN DISCREPANCIES, AS I MENTIONED LAST TIME WHEN MR. ORTIZ WAS PRESENTING THIS PROJECT.
HE INDICATED THAT EACH PAYMENT WOULD COME BEFORE THE CITY COUNCIL MDC AND THE CITY COUNCIL.
UH, ARE MR. CRUMP INDICATED, UH, AT OUR LAST COUNCIL MEETING THAT THAT WAS NOT THE CASE.
THESE THINGS AREN'T HAPPENING IN PUBLIC AND WE NEED TO MAKE SURE THAT THEY ARE.
THE COMPARISONS THAT MR. GONZALEZ BROUGHT UP, UM, WERE WOEFULLY, UM, APPLES TO ORANGES.
I MEAN, COMPLETELY DIFFERENT WHAT THE NUMBERS THAT WERE PREPARED FOR, SAY EL PASO, UM, OR ABILENE, UH, ODESSA EVEN OR NOT, APPLES TO ORANGES.
AND WHAT WE'RE LOOKING AT IS SOMETHING IN THE NEIGHBORHOOD OF A 70%, UH, FUNDING OF PUBLIC FUNDS FOR THIS PROJECT.
UM, IF THAT WAS HOW IT WAS PRESENTED TO THE CITY COUNCIL, I DON'T KNOW THAT THE VOTE WOULD'VE GONE THE SAME WAY.
UM, THE FIVE OF YOU THAT WERE THERE, I KNOW YOU HAD SOME CONCERNS.
YOU EACH EXPRESSED CONCERNS ABOUT THIS PROJECT, AND I THINK IF THE FACTS ARE PRESENTED IN THE APPROPRIATE WAY, THANK YOUR COMMENTS, THEN WE MIGHT HAVE HAD A DIFFERENT VOTE.
SO I ASK YOU, PLEASE, LET'S BRING THIS TO THE OPEN.
LET'S HAVE TRANSPARENCY, ACCOUNTABILITY FOR THIS, PLEASE.
YOUR WE DO HAVE, UM, WE'VE ALREADY MADE A REQUEST TO THE REPRESENTATIVES OF THE OMNI HOTEL AND THE DOWNTOWN MIDLAND RENAISSANCE TO MAKE A PRESENTATION THAT THAT WILL BE FORTHCOMING IN A FUTURE MDC MEETING.
IT WILL BE HELD IN PUBLIC AND THERE WILL BE UPDATES TO MANY OF THE QUESTIONS THAT YOU HAVE AT THAT TIME.
SO THAT IS ON AN AGENDA FOR A FUTURE MDC MEETING.
AT THIS TIME, UM, I WOULD LIKE TO CALL LIO ROSA TO COME FORWARD AND MAKE PUBLIC COMMENT.
LIO ROSA, 36 0 3 HUMBOLD AVENUE.
UM, THERE ARE MANY MIDLANDERS AWARE OF THE AI DATA CENTERS TAKEOVER RIGHT NOW.
UH, LOTS OF PEOPLE TALKING ABOUT THAT.
A RECENT MIT STUDY OF FIRMS THAT ONE IN EIGHT JOBS CAN ALREADY BE REPLACED WITH AI RIGHT NOW ACCORDING TO PHILANTHROPIC RESEARCHERS.
EVEN IF AI PROGRESS COMPLETELY STALLED TOO TODAY, AND WE DIDN'T REACH A GI, THE CURRENT SYSTEMS ARE ALREADY CAPABLE OF AUTOMATING ALL WHITE COLLAR JOBS WITHIN THE NEXT FEW FIVE YEARS.
MUSK KON MUSK, UH, IS ALREADY FORECASTING A 10 TO 20% NATIONWIDE, UH, UNEMPLOYMENT RATE BETWEEN NOW AND 2030.
HERE ARE SOME, UH, CHILLING EXAMPLES.
AMAZON JUST ANNOUNCED A SLASH OF 600,000 JOBS LAST MONTH.
HVAC UH, TECHNICIANS HAVE CURRENTLY BEEN EXPRESSING THEIR CONCERN THAT AI IS ALREADY COMING FOR THEIR BLUE COLLAR JOBS.
TALKING TO A FRIEND OF MINE ABOUT THAT, HE SAID, WELL, WE THOUGHT THAT THAT WAS PROTECTED.
AND YESTERDAY I SENT JOHN A VIDEO, UH, OF KINSLEY, KANSAS, A SMALL
[02:00:01]
COMMUNITY OF ONLY 1,342 RESIDENTS WHERE THEY ARE ALREADY PHASING OUT WAITERS AND WAITRESSES DUE TO THE USE OF FOOD DELIVERY ROBOT IN INSIDE OF THEIR RESTAURANTS.IMAGINE A CITY WITH A THOUSAND PEOPLE.
IN VIEW OF THIS NOW IRREVERSIBLE TREND, I BELIEVE THE NEHEMIAH TO 20 MINISTRIES HAS STARTED A CITYWIDE CONVERSATION WITH BUSINESS OWNERS, DOCTORS, LAWYERS, TEACHERS, PROFESSORS, PASTORS, FOR EXAMPLE, THE MIDDLE MINISTERIAL ALLIANCE.
UM, JOHN'S INVOLVED IN THAT TOO.
LAW ENFORCEMENT, VETERANS, AS WELL AS ORDINARY MOMS AND DADS AIMED AT MOTIVATING US MIDLANDS TO ENGAGE IN A HIGH LEVEL OF PREPAREDNESS REGARDING WHAT IS TO COME IN OUR HORIZON.
I'M CALLING IT, UH, CITIZEN, UH, UH, SORRY, MIDLAND OF TOMORROW PROJECT.
I WOULD KINDLY ASK YOU TO PLEASE POINT ME TO A STAFF MEMBER WHO COULD BE A PART OF THIS GROUP, PART OF THIS MOVEMENT ON BEHALF OF CITY, CITY COUNCIL, CITY HALL, SO THAT Y'ALL CAN BE, UH, UP TO DATE ON THE CONVERSATIONS AND DECISIONS OF THIS GROUP.
MY PLAN IS PUT IS TO PUT OUT TO TOGETHER WITH THIS GROUP, A TOWN HALL VERY SOON ON THIS CRITICAL ISSUE FOR THE SOCIAL PIECE AND ECONOMIC STABILITY OF OUR COMMUNITY.
UH, WE CAN CONNECT YOU WITH A STAFF MEMBER TO HAVE THAT CONVERSATION.
ALRIGHT, WITH THAT WE CONCLUDE OUR PUBLIC COMMENT PERIOD AND WE WILL MOVE FORWARD TO EXEC.
DO YOU NOT HAVE A FORM FORMATION? NO, MA'AM.
I THINK IT WAS MINE THAT I HAD THE ONE THAT I LET YOU SPEAK ON ITEM FOUR FOR JUST THAT ONE ITEM.
AND IT SAYS PUBLIC COMMENT ON THERE.
IT ACTUALLY DIDN'T HAVE A NUMBER ON IT AT ALL.
UM, PLEASE COME FORWARD AND MAKE YOUR PUBLIC COMMENT IN THE FUTURE IF YOU WOULD GIVE US A SIGN OR A SIGNED FORM FOR EACH ITEM.
THE RULES ARE CHANGING SO MUCH, IT'S HARD TO KEEP UP WITH WHAT WE'RE SUPPOSED TO DO TO SPEAK IN PUBLIC.
WELL THEN I CAN STICK TO MY RULES AND YOU DON'T GET TO SPEAK NOW.
OH, IF YOU'D LIKE, MAYOR, IF YOU'D LIKE TO NOT LET ME SPEAK, THAT'S UP TO YOU.
I'M JUST STATING IT'S UNFORTUNATELY, PLEASE MAKE YOUR REMARKS HAVE CHANGING.
UM, I WOULD LIKE TO READ, MY NAME IS ROBIN CAMPBELL AND I'M GONNA READ A LITTLE BIT FROM AN ARTICLE.
UM, THIS ARTICLE WAS WRITTEN IN JULY ON JULY 2ND, 2024.
UM, IT IS OUT OF EL PASO AUDIT FINDS MISUSE OF MILLIONS OF TAXPAYER DOLLARS AND BUSINESS INCENTIVES.
UM, AN AUDIT REVEALS THE CITY OF EL PASO'S.
ECONOMIC AND INTERNATIONAL DEVELOPMENT DEPARTMENT MISUSED MILLIONS OF TAXPAYER DOLLARS WHEN PAYING BUSINESS INCENTIVES.
THE AUDIT WAS ON THE CITY OF EL PASO'S CHAPTER THREE 80 ECONOMIC DEVELOPMENT PROGRAM.
AT THE REQUEST OF THE FINANCIAL OVERSIGHT AND AUDIT COMMITTEE, THERE WERE FIVE FINDINGS IN THE AUDIT REPORT.
HOWEVER, THIS NEW NEWS ARTICLE FOCUSES ON THREE KEY FINDINGS.
THE FIRST MAJOR FINDING, UM, INCLUDES A LACK OF FINANCIAL DOCUMENTATION PROVIDED BY BUSINESSES OR THREE 80 AGREEMENT INCENTIVE.
APPLICANTS 7 3 80 AGREEMENT FILES WERE PULLED TO CONDUCT THIS AUDIT.
AND IN THE STUDY SIX FILES APPROXIMATELY 85% DID NOT CONTAIN DOCUMENTATION THAT PROVES THE FINANCIAL STABILITY OF THE BUSINESSES, WHICH IS REQUIRED BY THE ECONOMIC INCENTIVE POLICY.
UM, NEXT, THE AUDIT REVEALED THAT THE ECONOMIC DEVELOPMENT DEPARTMENT FAILED TO ACCURATELY NOTIFY CITY COUNCIL OF THE AMOUNT OF INCENTIVES PAID TO INCENTIVE APPLICANTS.
IN 2023, CITY COUNCIL WAS TOLD ABOUT 5 MILLION IN INCENTIVES WERE PAID WHEN IN REALITY A LITTLE OVER A MILLION WERE LEFT OUT AND THE TOTAL WAS REALLY 6.5 MILLION.
THE AMOUNT LEFT OUT WAS 1.2 MILLION IN FEE WAIVERS AND TURS REIMBURSEMENTS WHEN THE CITY COUNTS IT AS VALUE AND ECONOMIC BENEFIT.
THE NEXT FINDING INCLUDES THAT TWO BUSINESS AGREEMENTS DID NOT INCLUDE A RECAPTURE CLAUSE WITHIN THEIR AGREEMENT AND WERE PAID INCENTIVES WITHIN WHEN THEY DIDN'T COMPLETE THE JOB THEY WERE MEANT TO DO.
A RECAPTURE CLAUSE IS THE RETURN OF MONEY WHEN AGREEMENT ISN'T FOLLOWED THROUGH.
HOWEVER, AS OF JANUARY 24TH, APPROXIMATELY 1.3 MILLION HAS NOT BEEN RETURNED FROM THOSE BUSINESSES.
WE HAVE STAFF, I'M READING THIS BECAUSE OUR CITY MANAGER IS FROM EL PASO AND WAS EMPLOYED DURING THIS TIME THAT THEY'RE AUDITING THIS FINDINGS.
ALSO, OUR ECONOMIC ECONOMIC DEVELOPMENT DIRECTOR, WHO'S NOT HERE CURRENTLY WAS ALSO EMPLOYED DURING THESE FINDINGS.
JUDD CAMPBELL JUST GOT UP HERE AND ASKED FOR TRANSPARENCY ON THE HOTEL.
IT IS A HUMONGOUS PUBLIC PROJECT AND THERE IS NO TRANSPARENCY ON IT.
WE DON'T HAVE A FINANCIAL, AN OVERSIGHT COMMITTEE THAT I KNOW OF.
DOES THE CITY HAVE ONE? A FINANCIAL OVERSIGHT COMMITTEE? IS ANYBODY OVER OVERSEEING THIS STUFF? I DON'T KNOW THAT WE HAVE THAT.
AND YOU DID MENTION, WHICH IS GREAT, THAT THEY'RE GONNA PUT IT ON THE AGENDA FOR
[02:05:01]
THE MDC MEETING, BUT LAST MONTH I TRIED TO WATCH THE NBC MEETING FROM HOME AND THE LINK DID NOT WORK.THERE IS CONTINUOUS PROBLEMS WITH THEM PUTTING THAT MEETING IN PUBLIC, MAKING IT ACCESSIBLE.
IT IS IN A SMALL BOARDROOM AND IT IS NOT ACCESSIBLE TO THE PUBLIC.
WE WOULD APPRECIATE TRANSPARENCY.
WE DO HAVE A FINANCE COMMITTEE THAT IS, UM, COUNCILMAN BERKHOLDER AND MYSELF, A CITIZEN SITS ON THAT AS WELL AS STAFF REPORTS TO IT SO THAT THAT COMMITTEE DOES EXIST AND MEETS REGULARLY.
WITH THAT WE CONCLUDE OUR PUBLIC COMMENT PERIOD AND WE WILL MOVE TO
[EXECUTIVE SESSION ]
EXECUTIVE SESSION ITEM NUMBER 42.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 THE TEXAS GOVERNMENT CODE SECTION 5 5 1 0 7 1.
CONSULTATION WITH ATTORNEY DISCUSS MATTERS IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL 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 WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION SECTION 5 5 1 0 7 2 DELIBERATION REGARDING REAL PROPERTY, DISCUSS THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY.
SECTION 5 5 1 0 7 4 PERSONNEL MATTERS WILL DELIBERATE THE EMPLOYMENT EVALUATION AND DUTIES OF THE CITY MANAGER, CITY ATTORNEY, CITY SECRETARY, MUNICIPAL COURT, PRESIDING JUDGE, AND MUNICIPAL COURT ASSOCIATE JUDGE.
SECTION 5 5 1 0 8 7 WILL DELIBERATE DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
WE'LL DISCUSS BUSINESS PROSPECTS THAT THE CITY SEEKS TO HAVE, LOCATE, STAY, OR EXPAND IN OR NEAR THE CITY OF MIDLAND, TEXAS, AND DISCUSS POSSIBLE INCENTIVES.
WE'RE ADJOURNED TO EXECUTIVE SESSION AT 12:06 PM.