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[00:00:03]

TEXAS FLAG.

[OPENING ITEMS]

I PLEDGE ALLEGIANCE TO BE TEXASES ONCE DAY UNDER GOD, JUAN, AND THANK YOU VERY MUCH.

YOU CAN BE SEATED.

ALRIGHT, WE HAVE A FULL AGENDA TODAY AND SO WE'RE JUST GONNA JUMP RIGHT IN.

I DO WANT TO NOTIFY EVERYONE WHO IS HERE.

UM, ITEMS EIGHT 30 AND 31 ARE NOT GOING TO BE TAKEN UP IN TODAY'S MEETING BECAUSE WE HAVE MORE WORK EITHER BY THE DEVELOPER OR THE GROUP THAT IS WORKING ON THOSE.

AND SO WE WILL BE BRINGING THOSE FORWARD IN A FUTURE MEETING.

AND SO I WANNA LET YOU KNOW IF YOU'RE HERE TO SPEAK ON THOSE ITEMS, WE WON'T BE TAKING THOSE UP.

AND THERE'S NO NEED FOR YOU TO SIT THROUGH THE FULL MEETING FOR EIGHT 30 AND 31.

AND IF YOU DO HAVE QUESTIONS ABOUT IT, THEN WE WOULD INVITE YOU TO REACH OUT TO US AS COUNCIL MEMBERS OR TO THE CITY MANAGEMENT TEAM AND WE CAN HAVE FURTHER DISCUSSION OUTSIDE OF THE MEETING.

SO WITH THAT, WE'LL

[CONSENT AGENDA]

MOVE FORWARD TO THE CONSENT AGENDA.

AND UH, LET ME START DOWN HERE WITH YOU.

COUNCILMAN NORMAN, DO YOU HAVE ANYTHING YOU'D LIKE TO PULL ON THE CONSENT AGENDA? COUNCILMAN NORMAN? NO MA'AM.

I DON'T.

COUNCILMAN LADD? UH, 11 PLEASE.

11.

OKAY.

COUNCILMAN STUBBS? NO MA'AM.

I DON'T HAVE ANY COUNCILWOMAN STRETCHER.

BURKES.

I DO NOT.

SIX AND 12.

SIX AND 12.

OKAY.

AND LYNN, LET'S ALSO LET THE RECORD REFLECT.

WE WON'T BE TAKING UP ITEM NUMBER EIGHT.

SO THAT MEANS THAT WE WILL BE CONSIDERING THE CONSENT, THE REMAINING CONSENT AGENDA ITEMS WITH THE EXCEPTION OF 6, 8, 11 AND 12.

SO I'LL LOOK FOR ACTION FROM COUNCIL.

MAKE A MOTION.

WE HAVE A MOTION AND FROM COUNCILMAN BEHOLDER AND A SECOND FROM COUNCILWOMAN POOL ON THE CONSENT AGENDA.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

AND WE'LL GO AHEAD

[6. 2026-047 - RESOLUTION AWARDING A THREE-YEAR CONTRACT FOR TURF AND LANDSCAPE MAINTENANCE SERVICES FOR CERTAIN CITY-OWNED PARKS AND FIELDS TO SRH LANDSCAPES LLC AT A TOTAL COST OF $2,374,635.00; AND AUTHORIZING PAYMENT (DISTRICT: ALL) (GENERAL SERVICES) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)]

AND WE'LL TAKE UP ITEM NUMBER SIX, A RESOLUTION AWARDING A THREE YEAR CONTRACT FOR TURF AND LANDSCAPE MAINTENANCE SERVICES FOR CERTAIN CITY OWNED PARKS AND FIELDS TO SRH LANDSCAPES, LLC AT A TOTAL COST OF $2,374,636 IN AUTHORIZING PAYMENT.

UM, COUNCILMAN LAD OR NO BERKHOLDER? I'M SORRY.

YEP.

UM, SO THE MAIN REASON I PULLED THIS IS THIS IS A HUGE WIN FOR THE CITY AND WE TALK ABOUT PROCUREMENT, WE TALK ABOUT GETTING MULTIPLE VENDORS AND, AND TRYING TO GET THE BEST DEAL.

SO, UH, I JUST WANTED TO HIGHLIGHT THIS BECAUSE THIS WAS A SUBSTANTIAL SAVING AND OVER THE COURSE OF A THREE YEAR CONTRACT, THIS IS SAVING US $572,700, ALMOST A HALF A OVER HALF A MILLION DOLLARS, UH, VERSUS WHAT WE'VE BEEN PAYING.

SO THIS IS A HUGE WIN.

SO I WANTED TO HIGHLIGHT THAT AND SAY THANK YOU TO THE TEAM.

'CAUSE IT'S VICTORIES LIKE THIS THAT, UH, THAT JUST HELP US GET BETTER AND BETTER.

I DID WANT YOU TO, UM, BE ABLE TO EXPAND A LITTLE BIT ON THE GRADING SYSTEM.

I KNOW THAT THERE'S A GRADING SYSTEM THAT WE PUT ALL OF OUR CONTRACTORS THROUGH ON THIS PARTICULAR PROJECT AND THAT WE HAD THE, YOU KNOW, THE ONE THAT WAS AWARDED, UH, SCORED VERY, VERY HIGH.

SO NOT ONLY DID THEY SCORE VERY, VERY HIGH, BUT THEY ALSO CAME IN AT A SUBSTANTIAL SAVINGS.

SO IF YOU COULD KIND OF EXPLAIN THAT JUST SO WE CAN SEE HOW THAT PROCESS LOOKS.

OKAY, THANK YOU MR. HOLDER.

DO I WANNA DO THAT OR, I HAVE A SHORT PRESENTATION, BUT I THOUGHT YOU JUST WANT ME TO TALK ABOUT THE GRADING SYSTEM IN PARTICULAR? THERE ARE SEVERAL DIFFERENT CATEGORIES THAT ARE SCORED WITH DIFFERENT AMOUNTS OF POINTS.

AND SO THOSE ARE EVERYTHING FROM COMPANY QUALIFICATIONS, WHETHER THEY HAVE THE CORRECT LICENSES, UM, THAT THEY PROVIDE REFERENCES, AND THEN WE ALSO CHECK THOSE REFERENCES, UH, SEVERAL DIFFERENT, UH, YEARS IN BUSINESS AND THEN ALSO JUST THE COST THAT THEY'RE PROPOSING.

SO WE LOOK AT ALL THOSE DIFFERENT THINGS.

THERE WAS FOUR DIFFERENT COMPANIES THAT BID ON THIS WORK AND, AND LIKE YOU SAID, THE ONE SRH LANDSCAPES DID COME IN QUITE A BIT HIGHER AS FAR AS THAT POINT SYSTEM GOES.

WE HAVE A COMMITTEE THAT SITS DOWN AND SCORES ALL OF THESE, AND THEN THOSE SCORES ARE COMBINED IN OUR BOND BUYER SYSTEM.

AND THEN THAT, UH, TELLS US WHICH COMPANY SCORED AND THIS ONE WAS UNANIMOUSLY ABOVE THE REST.

SO.

EXCELLENT.

WELL, THANK Y'ALL FOR THE WORK THAT YOU'VE DONE ON ALL OF THIS AND THANK YOU TO COUNCILMAN BERKHOLDER AND TO STUBBS AND SEVERAL OTHERS WHO'VE WORKED DILIGENTLY WITH CITY STAFF TO GET THIS MULTIPLE BIDDER PROCESS GOING AT.

WE'VE, WE'VE WANTED THAT FOR A LONG TIME, BUT WE'RE MOVING IN THAT DIRECTION AND WE ARE SEEING DIVIDENDS FROM IT.

YEP.

YES SIR.

ABSOLUTELY.

THANK YOU, MAYOR.

I'LL JUST ADD THAT THAT IS STARTING TO TOTAL UP TO CLOSE TO $3 MILLION IN SAVINGS UP TO THIS POINT.

WE'RE KEEPING TRACK OF THAT.

AND THEN ALSO IF, IF YOU RECALL, WE ALSO DID THAT IN IT TO LOOK AT SYSTEMS WE WEREN'T USING.

THAT'S ALMOST NEARING 2 MILLION.

SO ALL IN TOTAL IT'S ALMOST $5 MILLION.

SO AGAIN, YOU'RE RIGHT, IT WAS INITIATED BY THE COUNCIL.

THOSE ARE THINGS THAT WE'RE FOLLOWING THROUGH ON, AND THAT'S A SIGNIFICANT NUMBER, THE 5 MILLION THAT IT'S NEARING.

AND THOSE ARE THE KINDS OF THINGS WHERE THOSE DOLLARS, THOSE SAVINGS ALLOW US TO DO OTHER PROJECTS

[00:05:01]

THAT ARE IMPORTANT TO MID LENDERS BECAUSE WE'RE, YOU KNOW, AND WE'RE ABLE TO GIVE SOMETHING BACK TO THE TAXPAYERS WITH THAT.

SO THANK YOU FOR YOUR WORK ON IT.

THANK YOU.

IS THERE ANY FURTHER DISCUSSION ON THAT? OKAY, THEN I'LL LOOK FOR YOUR ACTION.

THERE'S A SPEAKER ON, OH YEAH, YOU'RE RIGHT.

I'M SORRY.

UM, WE DO HAVE SPEAKER ON ITEM NUMBER SIX.

DAVID RAMIREZ, IF YOU'D LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT AT THIS TIME.

WELCOME SIR.

GOOD MORNING.

ALLOW ME TO INTRODUCE MYSELF.

UH, MY NAME IS DAVID RAMIREZ AND I'M REACHING OUT TO YOU ON BEHALF OF M THREE LANDSCAPE MAINTENANCE AND IRRIGATION.

I'M SPEAKING TO YOU TODAY ALONGSIDE A COALITION OF OTHER LOCAL LANDSCAPE COMPANIES IN THE PERMIAN BASIN TO REITERATE AND ELABORATE UPON THE VITAL IMPORTANCE OF ACTIVELY SUPPORTING LOCAL BUSINESS WITHIN OUR COMMUNITY.

M THREE LANDSCAPE MAINTENANCE AND IRRIGATION IS NOT A DISTANT CORPORATION.

WE ARE DEEPLY ROOTED, LOCALLY OWNED AND OPERATED BUSINESS THAT HAS BEEN PROUDLY SERVING THE PERMIAN BASIN FOR OVER 20 YEARS.

OUR TWO DECADES OF SERVICE DEMONSTRATE A LONG-TERM COMMITMENT TO THE QUALITY AND WELLBEING OF THIS REGION.

OUR CORE PHILOSOPHY IS CENTERED ON INVESTING DIRECTLY BACK INTO OUR COMMUNITY THAT WE SERVE.

WE TAKE IMMENSE PRIDE IN EMPLOYING HARDWORKING LOCAL INDIVIDUALS, YOUR NEIGHBORS, FRIENDS AND FAMILY WHO ARE THE LIFEBLOOD OF OUR OPERATION.

WHEN YOU CHOOSE M THREE, YOU ARE DIRECTLY CONTRIBUTING TO THE LOCAL ECONOMY AS OUR EMPLOYEES REINVEST THEIR EARNINGS HERE SUPPORTING OTHER LOCAL BUSINESSES SUCH AS SCHOOLS AND THE ESSENTIAL COMMUNITY SERVICES.

THIS CYCLICAL REINVESTMENT IS WHAT STRENGTHENS THE ECONOMIC FOUNDATION OF THE PERMIAN BASIN.

OUR COMMITMENT GOES BEYOND JUST EMPLOYMENT.

IT EXTENDS THE QUALITY OF SERVICE.

OUR GOAL REMAINS UNW TO PROVIDE THE MOST PROFESSIONAL, HIGH QUALITY AND RELIABLE LANDSCAPING AND IRRIGATION SERVICES AVAILABLE.

FURTHERMORE, WE ARE DEDICATED TO MAINTAINING A COMPETITIVE PRICING STRUCTURE, ENSURING THAT SUPPORTING A LOCAL COMPANY DOES NOT MEAN SACRIFICING VALUE.

WE STAND SHOULDER TO SHOULDER WITH OTHER ETHICAL LOCAL COMPANIES COLLECTIVELY WORKING TO KEEP VALUABLE RESOURCES, EXPERTISE, AND CAPITAL WITHIN OUR REGION, RATHER THAN SEEING THEM EXIT THE PERMIAN BASIN OR EVEN OUTTA STATE.

BY CHOOSING M THREE LANDSCAPE MAINTENANCE AND IRRIGATION, YOU ARE PARTNERING WITH A COMPANY THAT UNDERSTANDS THE UNIQUE NEEDS AND CLIMATE OF THE PERMIAN BASIN AND IS COMMITTED TO ITS LONG-TERM PROSPERITY.

WE BELIEVE THAT STRONG COMMUNITY IS BUILT ON STRONG LOCAL BUSINESS.

THANK YOU SO MUCH FOR TAKING THE TIME TO CONSIDER THIS CRUCIAL MATTER AND FOR YOUR ONGOING SUPPORTING SUPPORT OF OUR LOCAL ECONOMY.

WE LOOK FORWARD TO THE POSSIBILITY OF SERVING YOUR LANDSCAPING NEEDS.

THANK YOU.

THANK YOU VERY MUCH FOR YOUR COMMENTS AND FOR COMING TO TALK TO US TODAY.

ALRIGHT, ANY OTHER COMMENTS OR QUESTIONS FROM COUNCIL MEMBERS? OKAY, THEN WE'LL LOOK FOR YOUR ACTION ON ITEM NUMBER SIX.

WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER AND A SECOND FROM COUNCILMAN STUBBS.

IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

WE'LL MOVE FORWARD

[11. 032-2026 - MOTION APPROVING, WITH STAFF'S RECOMMENDED CONDITIONS, A PRELIMINARY PLAT OF 1788 INDUSTRIAL, BEING A REPLAT OF AN 8.04-ACRE TRACT OF LAND OUT OF WESTERN ROSES MEMORIAL PARK, INC. AND A 96.44-ACRE TRACT OF LAND OUT OF SECTION 30, BLOCK 40, T-1-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF NORTH FARM TO MARKET 1788, APPROXIMATELY 1,970 FEET SOUTH OF WEST COUNTY ROAD 61) (EXTRATERRITORIAL JURISDICTION) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

TO ITEM NUMBER 11, A MOTION APPROVING WITH STAFF'S RECOMMENDED CONDITIONS.

A PRELIMINARY PLAT OF 1788 INDUSTRIAL BEING A REPL OF AN 8.04 ACRE TRACT OF LAND OUT OF WESTERN ROSES MEMORIAL PARK INCORPORATED AND A 9 96 0.44 ACRE TRACT OF LAND OUT OF SECTION 30, BLOCK 40 TOWNSHIP, ONE SOUTH TNP RAILROAD COMPANY SURVEY.

MIDLAND COUNTY, TEXAS, GENERALLY LOCATED ON THE EAST SIDE OF NORTHERN FARM TO MARKET.

1788, APPROXIMATELY, UH, 1,970 FEET SOUTH OF WEST COUNTY ROAD 61.

AND I DON'T KNOW WHO THAT WAS.

ME.

OKAY.

UM, MORNING, ELIZABETH MORNING.

UM, I, UH, WAS CURIOUS, SO I I COULDN'T QUITE TELL FROM THE MAP IS THIS RIGHT BY 1 91? IT'S, IT'S CLOSE BY.

UM, IT'S JUST NORTH TO THE WEST.

SO IS IT BASICALLY, BUT IT'S IN THE ETJ.

OKAY.

AND IT'S, IT'S BASICALLY AT THAT CORNER, 1 91 AND 1788.

IT'S NOT DIRECTLY ON 1 91, IT'S JUST A LITTLE BIT OFF OF THAT.

OKAY.

UM, BUT AGAIN, IT'S IN THE ETJ.

SO JUST AS A, AS A REMINDER, THE CITY DOESN'T HAVE ZONING JURISDICTION IN THE ETJ.

WHAT WE DO HAVE THOUGH IS THE AUTHORITY TO ENFORCE OUR, OUR

[00:10:01]

PLATTING REQUIREMENTS IN THAT AREA.

OKAY.

WELL YOU ANSWERED MY QUESTION THERE, SO, OKAY.

YES SIR.

WELL, AND I HAVE A QUESTION ON THAT AS WELL.

SO COULD YOU GO OVER THE GROUNDWATER AVAILABILITY? YES.

UH, WERE THEY REQUIRED TO DO A GROUNDWATER AVAILABILITY STUDY ON THIS PIECE OF PROPERTY? YES.

PER STATE LAW, THEY WERE REQUIRED, THEY'RE REQUESTING TO USE GROUNDWATER FOR A FUTURE INDUSTRIAL DEVELOPMENT.

THEY WERE REQUIRED TO SUBMIT A GROUNDWATER STUDY.

UM, THAT STUDY WAS REVIEWED BY STAFF AND MEETS THE REQUIREMENTS.

UM, SO THEY ARE ABLE TO MOVE FORWARD.

YEAH, AND I WOULD JUST SAY, YOU KNOW, WE'VE HAD SEVERAL OF THESE PLATS THAT HAVE COME TO US IN THE ETJ THAT WE'VE CHOSEN NOT TO TAKE ACTION ON.

THOSE HAVE MOSTLY BEEN RESIDENTIAL BECAUSE WE WANT TO MAKE SURE THAT WE CAN GUARANTEE FUTURE IF WE HAVE TO VOTE ON IT AND WE HAVE TO PUT OUR SIGNATURE ON THIS, WE WANT MAKE SURE THAT WE ARE COMFORTABLE WITH GROUNDWATER AND WE CAN'T DO THAT IF IT'S AN ETJ.

WE'VE SO FAR NOT NECESSARILY TAKEN THE SAME STANCE ON INDUSTRIAL BECAUSE THE WATER NEEDS ARE DIFFERENT.

RIGHT.

UM, AND SO I I JUST WANT TO, I THINK COUNCIL CAN DISCUSS THAT, BUT, UH, YOU KNOW, THERE'S A LITTLE BIT OF A DISTINCTION BETWEEN RESIDENTIAL AND INDUSTRIAL HERE.

AND, AND ONE, ONE FURTHER THING.

THE, THE WAY STATE LAW IS SET UP, THIS WILL PASS BY RULE OF LAW WITH OR WITHOUT OUR VOTE.

YES.

AND SO THAT'S ONE OF THE REASONS WHY WE'VE CHOSEN NOT TO TAKE ACTION IS BECAUSE IT PASSES BY RULE OF LAW.

AND SO WE JUST ARE LETTING THE STATE HANDLE IT AT THAT POINT.

WELL, AND IT'S, IT'S AN INDUSTRIAL CENTER RIGHT ACROSS FROM WAGNER NOEL AND IT, IT WOULD BE ONE OF THE FIRST THINGS PEOPLE SEE WHEN THEY'RE COMING TO MIDLAND FROM THE AIRPORT AND INDUSTRIAL AREA RIGHT NEXT TO OUR KIND OF ARTS AND, AND, AND, UH, CULTURE DISTRICT.

SO I, I HAVE CONCERNS ABOUT THAT AS WELL.

YEAH, NO, I, I AGREE.

WELL, AND, AND JUST TO KIND OF, UM, TO EXPOUND A LITTLE BIT ON WHAT WE WERE TALKING ABOUT WITH INDUSTRIAL, YOU KNOW, ONE THING THAT REALLY THAT BOTHERS ME ABOUT THIS ONE, IT IS A SUBSTANTIALLY MUCH LARGER THAN JUST, YOU KNOW, JUST SOMEBODY BUILDING ONE BUSINESS OR MAYBE TWO BUSINESSES.

THIS IS AN ENTIRE INDUSTRIAL PARK WHERE IT'S 96.44 ACRES AND INDUSTRIAL CAN MEAN A LOT OF DIFFERENT THINGS.

IT CAN MEAN MINIMAL WATER USAGE, IT COULD BE A LOT OF WATER USAGE DEPENDING ON ARE THEY MANUFACTURING SOMETHING THERE THAT IS REQUIRING GROUNDWATER.

AND I DON'T KNOW, UH, WE DIDN'T HAVE THOSE DETAILS IN THIS, SO THIS IS SOMETHING THAT I, I JUST DON'T FEEL COMFORTABLE WITH PERSONALLY JUST BECAUSE OF THE WATER ISSUES WE DO HAVE.

AND THEN PLUS WITH THE SIZE, AND I, I SHARE JACK'S CONCERNS AS WELL, IS THIS CORRIDOR IS A ARCH DISTRICT AND NOT TO MENTION WE'RE GONNA HAVE I 27 THAT'S RUNNING THROUGH THIS PARTICULAR AREA AS WELL.

AND, UH, WHAT, WHAT DO WE WANT PEOPLE TO SEE WHENEVER THEY'RE COMING IN ON A BRAND NEW INTERSTATE THROUGH MIDLAND? AND I, I DO WANT TO HIGHLIGHT, UM, THAT IT'S DIFFICULT WHEN IT'S IN THE ETJ TO CONTROL WHAT, WHAT TYPE OF USE GOES THERE.

UM, BUT UNDERSTANDING COUNCIL'S CONCERN ABOUT THE 1 91 CORRIDOR, UM, WHICH DOES RIGHT ALONG 1 91 FOR THE MOST PART SIT IN CITY LIMITS.

UM, WE HAVE CONTRACTED, UM, TO UNDERTAKE AN OVERLAY ZONING DISTRICT STUDY THAT WE'LL BE BRINGING FORWARD TO YOU ALL FOR CONSIDERATION TO BETTER CONTROL WHAT THE DESIGN AND ZONING LOOKS LIKE FOR THE PORTIONS THAT DO FALL IN THE CITY LIMITS THAT WILL BE RESTRICTED TO CITY LIMITS, RIGHT? YES.

THAT WE CAN'T DO ANYTHING OUTSIDE OF THE CITY LIMITS.

CORRECT.

AND, AND SO TO BE CLEAR, EVEN IF WE WERE TO VOTE AGAINST THIS, IT WOULD PASS BY RULE OF LAW AT THE STATE LEVEL.

YES.

WE DON'T ACTUALLY HAVE AUTHORITY.

WE CAN EXPRESS OUR CONCERNS.

WE CAN CHOOSE TO APPROVE OR TO DIS OR TO TAKE NO ACTION, BUT THE OUTCOME REALLY IS OUT OF OUR HANDS.

CORRECT.

HOW MUCH OF THE ETJ OR HOW MUCH OF THIS, UH, THIS ACREAGE IS IN THE CITY LIMITS? IT'S ALL IN THE ETJ.

SO NONE OF IT IS IN THE CITY LIMITS, CORRECT? CORRECT.

IT'S THE PART THAT WE CORRECT.

OKAY.

IT'S ALL IN THE ETJ GONNA DO AN OVERLAY ON.

SO WITH THAT, UM, I MEAN ARE THERE ANY FURTHER QUESTIONS OR CONCERNS? WE DON'T HAVE ANY REQUESTS TO SPEAK ON THIS ITEM.

UM, OKAY.

WELL THEN I WILL LOOK FOR ACTION FROM COUNSEL IF THERE IS ANY, UH, SEEING NO ACTION AND WE'LL MOVE FORWARD TO

[12. 033-2026 - MOTION APPROVING, WITH STAFF’S RECOMMENDED CONDITIONS, A PRELIMINARY PLAT OF SHENANDOAH INDUSTRIAL PARK, SECTION 2, BEING A REPLAT OF LOT 2, BLOCK 1, SHENANDOAH INDUSTRIAL PARK, AND A 67.14-ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK 38, T-1-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF EAST COUNTY ROAD 50, APPROXIMATELY 1,270 FEET EAST OF NORTH COUNTY ROAD 1150) (EXTRATERRITORIAL JURISDICTION) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

ITEM NUMBER 12.

UH, MOTION APPROVING WITH STAFF'S RECOMMENDED CONDITIONS, A PRELIMINARY PLAT OF SHENANDOAH INDUSTRIAL PARK, SECTION TWO BEING A REPL OF LOT TWO BLOCK ONE SHENANDOAH INDUSTRIAL PARK AND A 6 67 POINT 14 ACRE TRACT OF LAND OF SECTION 16 BLOCK 38 TOWNSHIP ONE SOUTH TNP RAILROAD COMPANY SURVEY, MIDLAND COUNTY, TEXAS GENERALLY LOCATED ON THE SOUTH SIDE OF EAST COUNTY ROAD 50, APPROXIMATELY 1,270 FEET EAST OF NORTH COUNTY ROAD 1150.

AND THIS IS A SIMILAR SITUATION, CORRECT? YES.

YEAH, AND THAT'S EXACTLY WHY I PULLED THIS, THIS IS A, A ALMOST AN IDENTICAL SITUATION BESIDES THE FACT THAT IT'S NOT OFF OF 1 91 FRONTAGE ROAD, BUT WE STILL HAVE A VERY LARGE INDUSTRIAL PARK HERE THAT'S 67 ACRES AND UM, ESPECIALLY IN THIS AREA TOO, WATER AVAILABILITY IS EVEN MUCH WORSE IN THIS PARTICULAR AREA THAN EVEN THE 1 91 CORRIDOR THAT WE WERE LOOKING AT.

JUST BASED OFF OF, UH, SOME DATA FROM SOME, SOME VERY SMART INDIVIDUALS THAT I'VE TALKED TO WITH WATER.

AND SO IT'S JUST A VERY CONCERNING DEVELOPMENT JUST IN, IN THE SAME ASPECT AS THE, THE PREVIOUS ONE WAS.

ANY OTHER QUESTIONS OR

[00:15:01]

COMMENTS FROM COUNCIL MEMBERS? ALRIGHT, UH, SEEING NO FURTHER DISCUSSION, I'LL LOOK FOR YOUR ACTION ON ITEM NUMBER 12.

I SEEING NO ACTION, WE WILL MOVE FORWARD.

THAT CONCLUDES THE CONSENT AGENDA.

WE WILL MOVE ON TO

[15. 10731 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 35.05-ACRE TRACT OF LAND OUT OF SECTION 25, BLOCK 39, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT TO MH, MANUFACTURED HOUSING DISTRICT (GENERALLY LOCATED ON THE WEST SIDE OF NORTH FAIRGROUNDS ROAD, APPROXIMATELY 650 FEET NORTH OF EAST CUTHBERT 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 (FIRST READING HELD MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

SECOND READINGS AND BEGIN WITH ITEM NUMBER 15 IN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZO 35.05 ACRE TRACK OF LAND OUT OF SECTION 25 BLOCK 39 TOWN, ONE SHIP SOUTH TP RAILROAD COMPANY, SURVEY CITY AND COUNTY OF MIDLAND, TEXAS FROM PD PLAN DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT TO MH MANUFACTURE HOUSING DISTRICT GENERAL LOCATED ON THE WEST SIDE OF NORTH FAIRGROUND ROAD APPROXIMATELY 650 FEET NORTH OF EAST CUTHBERT AVENUE.

CONTINUING COMMUTE CLA CONTAINING A SAVINGS SEBIT CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 IN ORDERING PUBLICATION.

THANK YOU VERY MUCH.

I SEE A MOTION FROM COUNCILMAN NORMAN A SECOND FROM COUNCILWOMAN POOL.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

AND AGAIN, FOR THOSE THAT ARE UNFAMILIAR WITH OUR PROCEDURE, THESE ARE SECOND READINGS, WHICH MEANS THAT THE DISCUSSION HAPPENED IN THE PREVIOUS MEETING ON THESE ITEMS AND SO WE'RE AFFIRMING OR QUESTIONING THE VOTE THAT WE MADE LAST TIME.

THE MOTION CARE IS UNANIMOUS.

THANK YOU.

ITEM NUMBER 16

[16. 10734 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 3, BLOCK 3, CORPORATE PLAZA ADDITION, SECTION 2, AND LOT 2B, BLOCK 3, CORPORATE PLAZA ADDITION, SECTION 19, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR A TRANSITION DISTRICT TO RR, REGIONAL RETAIL DISTRICT (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SPRING PARK DRIVE AND EDWARDS 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 MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

PLEASE.

AND WARNING, AMENDING THE ZONING DISTRICT MA OF THE CITY OF MIDLAND TO REZONE.

LOT THREE, BLOCK THREE CORPORATE PLAZA EDITION SECTION TWO AND LOT TWO B BLOCK THREE, CORPORATE PLAZA EDITION SECTION 19 CITY AND COUNTY OF MIDLAND, TEXAS FROM PED PLAN DEVELOPMENT DISTRICT FOR A TRANSITION DISTRICT TO RR REGIONAL RETAIL DISTRICT.

AND IT LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SPRING PARK DRIVE AND EDWARD STREET CONTAINING COMMUNITY CLAUSE CONTAINING A SAVING AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDERING PUBLICATION.

THANK YOU VERY MUCH.

I SEE A MOTION FROM COUNCILMAN BERKHOLDER, A SECOND FROM COUNCILMAN NORMAN.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

ITEM NUMBER

[17. 10735 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 0.82-ACRE TRACT OF LAND OUT OF LOT 3, BLOCK 1, LOT 2A, BLOCK 43, AND LOT 1A, BLOCK 44, SOUTH PARK ADDITION, SECTION 6, CITY AND COUNTY OF MIDLAND, TEXAS, FROM MF-22, MULTIPLE-FAMILY DWELLING DISTRICT TO 2F, TWO-FAMILY DWELLING (DUPLEX) DISTRICT (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EAST HICKS AVENUE AND SOUTH FORT WORTH 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 MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

17, PLEASE.

IN ORDINANCE AMENDING THE ZONING DISTRICT MAP THAT THE CITY OF MIDLAND TO REZO A ZERO POINT 82 ACRE TRACK OF LAND OUT OF LOT THREE, BLOCK ONE, LOT TWO A BLOCK 43 AND LOT ONE A BLOCK 44 SOUTH PARK EDITION SECTION, CITY AND COUNTY OF MIDLAND, TEXAS FROM MF 22 MULTIFAMILY DWELLING DISTRICT TO TWO F TWO FAMILY DWELLING DISTRICT.

UH, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EAST HICKS AVENUE AND SOUTH FORT PORT STREET CONTAINING COMMITTEE CLAUSE CONTAINING A SEVEN AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY FIGHT $2,000 IN ORDERING PUBLICATION.

THANK YOU VERY MUCH.

I SEE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN STUBBS.

IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

ITEM

[18. 10736 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 1, BLOCK 4, SOUTH PARK ADDITION, AND TRACT 3, PRIMITIVE BAPTIST CHURCH TRACT, CITY AND COUNTY OF MIDLAND, TEXAS, FROM SF-2, SINGLE-FAMILY DWELLING DISTRICT TO SF-3, SINGLE-FAMILY DWELLING DISTRICT (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST DAKOTA AVENUE AND SOUTH ATLANTA 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 MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

NUMBER 18 PLEASE.

AND ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REESE ON LOT ONE BLOCK FOUR SOUTH PARK EDITION AND TRACK THREE PERMITTED BAPTIST CHURCH, TRACK CITY AND COUNTY OF MIDLAND, TEXAS.

FROM SF TWO SINGLE FAMILY DWELLING DISTRICT TO SF THREE SINGLE FAMILY DWELLING DISTRICT, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST DAKOTA AVENUE AND SOUTH ATLANTA STREET CONTAINING COMMUTE CLAUSE CONTAINING A SAVING AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDERING PUBLICATION.

THANK YOU VERY MUCH.

WE HAVE A MOTION FROM COUNCILMAN NORMAN.

WE HAVE A SECOND FROM COUNCILMAN STUBBS.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

COUNCILMAN STUBBS, I VOTED THEN FOUR.

WHAT THE MOTION CARRIES UNANIMOUSLY.

THANK YOU VERY MUCH.

UH, ITEM NUMBER

[19. 10737 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 16.29-ACRE TRACT OF LAND OUT OF SECTION 30, BLOCK 38, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS, FROM SF-2, SINGLE-FAMILY DWELLING DISTRICT, IN PART, SF-3, SINGLE-FAMILY DWELLING DISTRICT, IN PART, AND RR, REGIONAL RETAIL DISTRICT, IN PART, TO C, COMMERCIAL DISTRICT (GENERALLY LOCATED ON THE EAST SIDE OF NORTH FAIRGROUNDS ROAD, APPROXIMATELY 1,365 FEET NORTH OF EAST WADLEY 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 (FIRST READING HELD MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

19 PLEASE.

AN ORDINANCE AMENING ZONING DISTRICT MA'AM OF THE CITY OF MIDLAND TO REONE A 16 POINT 29 ACRE TRACK OF LAND OUT OF SECTION 30 BLOCK 38 TOWN, ONE SHIP SOUTH TP RAILROAD COMPANY, CITY AND COUNTY OF MIDLAND, TEXAS FROM SEP TWO SINGLE FAMILY DRILLING DISTRICT IN PARK SEV THREE SINGLE FAMILY DRILLING DISTRICT IN PARK AND ARE OUR REGIONAL RETAIL DISTRICT IN PARK TWO C COMMERCIAL DISTRICT.

GENERALLY LOCATED ON THE EAST SIDE OF NORTH FAIRGROUNDS ROAD, APPROXIMATELY 1,365 FEET NORTH OF EAST WALEY STREET.

I MEAN WALEY AVENUE CONTAINING COMMUNITY OF CLAUSE CONTAINING A SAVING AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDERING PUBLICATION.

THANK YOU VERY MUCH.

DO WE HAVE ACTION? WE HAVE A MOTION FROM COUNCILMAN NORMAN.

WE HAVE A SECOND FROM COUNCILWOMAN POOL.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

ITEM NUMBER

[20. 10738 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 61.85-ACRE TRACT OF LAND OUT OF SECTION 30, BLOCK 38, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR AN OFFICE CENTER, IN PART, PD, PLANNED DEVELOPMENT DISTRICT FOR A SHOPPING CENTER, IN PART, MF-16, MULTIPLE-FAMILY DWELLING DISTRICT, IN PART, RR, REGIONAL RETAIL DISTRICT, IN PART, SF-2, SINGLE-FAMILY DWELLING DISTRICT, IN PART, AND SF-3, SINGLE-FAMILY DWELLING DISTRICT, IN PART, TO RR, REGIONAL RETAIL DISTRICT (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH FAIRGROUNDS ROAD AND EAST LOOP 250 NORTH); 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 MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

20 PLEASE.

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP WITH THE CITY OF MIDLAND TO RE ON A 61.85 ACRE TRACK OF LAND OUTTA SECTION 30 BLOCK 38 TOWN, ONE SHIP SOUTH T AND P RAILROAD COMPANY, SURVEY CITY

[00:20:01]

AND COUNTY OF MIDLAND, TEXAS FROM PD PLAN DEVELOPMENT DISTRICT FOR AN IN-OFFICE CENTER IN PART PD PLAN DEVELOPMENT DISTRICT FOR A SHOPPING CENTER IN PART MF 16 MULTIPLE FAMILY DRILLING DISTRICT IN PART ARE OUR REGIONAL RETAIL DISTRICT IN PART SF TWO SINGLE FAMILY DRILLING DISTRICT IN PART AND SF THREE SINGLE FAMILY DRILLING DISTRICT IN PART TWO ARE OUR REGIONAL REGIONAL DISTRICT GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH FAIRGROUND ROAD EAST LOOP TWO 50 NORTH CONTAINING COMMITTEE CLAUSE CONTAINING A SAVING AND SEVERABILITY COST, PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDERING PUBLICATION WE HAVE A MOTION FROM COUNCILMAN POOLE AND A SECOND FROM COUNCILMAN NORMAN.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

ITEM 21 PLEASE.

[21. 10739 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE AN 18.19-ACRE TRACT OF LAND AND A 58.90-ACRE TRACT OF LAND, BOTH OUT OF SECTION 1, BLOCK X, H.P. HILLIARD SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS, FROM RR, REGIONAL RETAIL DISTRICT, IN PART, MF-22, MULTIPLE-FAMILY DWELLING DISTRICT, IN PART, O-2, OFFICE DISTRICT, IN PART, AND AE, AGRICULTURAL ESTATE DISTRICT, IN PART, TO RR, REGIONAL RETAIL DISTRICT (GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF EAST LOOP 250 NORTH AND NORTH FAIRGROUNDS ROAD); 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 MARCH 24, 2026) (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

AND ORDINANCE AMENDING THE ZONING DISTRICT MAP OF CITY OF MIDLAND TO RE ZONE IN 18 POINT 19 ACRE TRACK OF LAND AND A 58.9 ACRE TRACK OF LAND BOTH OUT OF SECTION ONE BLOCK 10 HP HILLARD SURVEY CITY AND COUNTY OF MIDLAND, TEXAS FROM RR REGIONAL RETAIL DISTRICT.

IN PART MF 22, MULTIPLE FAMILY DRILLING DISTRICT IN PART OH TWO OFFICE DISTRICT IN PART AND AE AGRICULTURE STATE DISTRICT IN PART TWO, RR REGIONAL RETAIL DISTRICT GENERATING LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF EAST LOOP TWO 50 NORTH AND NORTH FAIRGROUND ROAD CONTINUING COMMUTE CLASS CONTAINING A SAVING AND SEVERABILITY COST, PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDERING PUBLICATION WE HAVE A MOTION FROM COUNCILMAN BERKHOLDER AND A SECOND FROM COUNCILMAN BURKES.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

ITEM 21

[22. 10740 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR THE EAST 26 FEET OF LOT 17, ALL OF LOT 18, AND THE WEST 14.5 FEET OF LOT 19, AVALON ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF STANOLIND AVENUE, APPROXIMATELY 230 FEET WEST OF NORTH I STREET), BY PERMITTING A REDUCED MINIMUM REAR YARD SETBACK; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (FIRST READING HELD MARCH 24, 2026) (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

PLEASE.

AN ORDINANCES GRANTING A SPECIAL EXCEPTION FOR A EAST 26 FEET OF LOT 17 OUT OF LOT 18 AND WEST 14.5 FEET OF LOT 19 AVALON.

ADDITION CITY AND COUNTY OF MIDLAND, TEXAS GENERALLY LOCATED ON THE SOUTH SIDE OF STAN AVENUE, APPROXIMATELY 230 FEET WEST OF NORTH BY STREET BY PERMITTING A REDUCED MINIMUM REAR YARD SETBACK CONTAINING COMMITTED CLAUSE CONTAINING A SAVING AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY FOR A FINE OF $2,000.

ORDERING.

COORDINATION BY THE CITY'S SECRETARY AND DE RECORDS OF MIDLAND COUNTY, TEXAS.

IN ORDERING PUBLICATION WE HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN STUBBS.

IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

ITEM 22

[23. 10741 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE THE EAST 55 FEET OF LOTS 12 AND 13, BLOCK 1, EDWARDS ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM MF-16, MULTIPLE-FAMILY DWELLING DISTRICT TO SF-3, SINGLE-FAMILY DWELLING DISTRICT (GENERALLY LOCATED ON THE NORTH SIDE OF MISSISSIPPI AVENUE, APPROXIMATELY 70 FEET EAST OF NORTH FORT WORTH 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 MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

PLEASE AND OWNER, I'M SORRY.

23 AND ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE THE EAST 55 FEET LOT 12 LOT 13 BLOCK ONE EDWARD CITY AND COUNTY OF MIDLAND, TEXAS FROM ED 16.

MULTIPLE FAMILY DWELLING DISTRICT TWO SF THREE SINGLE FAMILY DWELLING DISTRICT AND A LOCATED ON THE NORTH SIDE OF MISSISSIPPI AVENUE, APPROXIMATELY 70 FEET EAST OF NORTH FORT WORTH STREET CONTAINING A CLASS CONTAINING A SAVING AND SEVERABILITY CLASS PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDER IN PUBLICATION.

THANK YOU VERY MUCH.

WE HAVE ACTION FROM COUNCIL.

WE HAVE A MOTION FROM COUNCIL MEMBER BUR HOLDER AND A SECOND FROM COUNCILWOMAN POOL.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

[24. 10742 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 1 AND THE EAST 23 FEET OF LOT 2, BLOCK 3, RESUBDIVISION OF BLOCK 3 OF JOHNSON AND MORAN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF HARVARD AVENUE AND LANHAM STREET), BY PERMITTING (1) A REDUCED MINIMUM REAR YARD SETBACK AND (2) REDUCED MINIMUM SIDE YARD SETBACKS ON THE EAST AND WEST SIDES OF THE PROPERTY; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (FIRST READING HELD MARCH 24, 2026) (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

ITEM 24 PLEASE.

AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT ONE AND THE EAST 23RD FEET OF BLOCK TWO.

BLOCK THREE.

UH, RESUB RESUB SUBDIVISION OF BLOCK THREE OF JOHNSON AND MORIN.

ADDITION CITY AND COUNTY OF MIDLAND, TEXAS GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF HARVARD AVENUE AND LANHAM STREET BY PERMITTING.

ONE, A REDUCED MINIMUM REAR YARD SETBACK AND TWO REDUCED MINIMUM SIDE YARD SETBACK ON THE EAST AND WEST SIDE OF THE PROPERTY.

CONTAINING COMMUNITY CLAUSE CONTAINING A SAVING AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY FINE $2,000 ORDER AND RECORDATION BY THE CITY SECRETARY AND THE DEED RECORDS OF MIDLAND COUNTY, TEXAS IN ORDERING PUBLICATION.

THANK YOU.

WE DO HAVE TWO REQUESTS TO SPEAK BUT IT APPEARS THAT THEY'RE ONLY ENTRUSTED TO SPEAK IF NEEDED.

DO EITHER OF YOU WISH TO MAKE PUBLIC COMMENT? OKAY, THANK YOU VERY MUCH.

DO WE HAVE ACTION FROM COUNCIL? WE HAVE A MOTION FROM COUNCILWOMAN POOL.

WE HAVE A SECOND FROM COUNCILWOMAN BURKES.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

ITEM 25, PLEASE.

[25. 10743 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 0.50-ACRE TRACT OF LAND OUT OF SECTION 36, BLOCK 39, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS, FROM BP, I-20 BUSINESS PARK DISTRICT TO LI, LIGHT INDUSTRIAL DISTRICT (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH ADAMS STREET AND SOUTH 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 MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

IN HONORING AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND, TEXAS TO RE ZONE A 0.50 ACRE TRACK OF LAND AT SECTION 36, BLOCK 39 TOWN ONE SOUTH SHIP TNP RAILROAD COMPANY, SURVEY CITY AND COUNTY OF MIDLAND, TEXAS FROM BPI 20 BUSINESS PARK DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT GENERAL, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH ADAMS STREET AND SOUTH STREET CONTAINING COMMUTATIVE CLAUSE CONTAINING

[00:25:01]

A SAVING AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDERING PUBLICATION.

OKAY, I HAVE A MOTION FROM COUNCILMAN BERKHOLDER AND A SECOND FROM COUNCILWOMAN BURKES.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

WE WILL MOVE FORWARD TO ITEM NUMBER 26 UNDER THE PUBLIC HEARINGS.

UM, FOR THOSE OF YOU THAT ARE NOT FAMILIAR WITH OUR PROCESS, THESE ARE MOST OF THEM THE FIRST TIME WE WILL BE HAVING THESE AND SO WE WILL RECEIVE MORE DISCUSSION RELATED TO THESE ITEMS. SO ITEM 26, PLEASE

[26. 10745 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 7, BLOCK 22, HOMESTEAD ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH DALLAS STREET AND EAST MICHIGAN AVENUE), BY PERMITTING A REDUCED MINIMUM LOT WIDTH IN THE EVENT THAT THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND IS AMENDED TO REZONE THE LOT FROM C, COMMERCIAL DISTRICT TO SF-3, SINGLE-FAMILY DWELLING DISTRICT; 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: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

AND HONOR TO GRANT ANY A SPECIAL EXCEPTION FOR LOT SEVEN BLOCK 22 HOMESTEAD EDITION, CITY AND COUNTY OF MIDLAND, TEXAS GENERAL, LOCATED AT THE NORTHEAST CORNER OF, UH, THE INTERSECTION OF NORTH DALLAS STREET AND EAST MICHIGAN AVENUE.

BY PERMITTING A REDUCED MINIMUM LOT WITHIN THE EVENT THAT THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND IS MENAGE TO REZONE THE LOT FROM SEA COMMERCIAL DISTRICT TO SF THREE SINGLE FAMILY DRILLING DISTRICT CONTAINING COMMUNITY CLASS CONTAINING A SAVING AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDERING RE RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION.

WELCOME ELIZABETH.

THANK YOU ELIZABETH RIGGS, PLANNING AND DEVELOPMENT OFFICER.

SO ITEM 26 AND 27 ARE RELATED.

THEY'RE BOTH, UM, FOR THE PROPERTY LOCATED AT 600 NORTH DALLAS IN DISTRICT TWO.

UM, THIS FIRST ITEM IS REQUESTING, UM, A LOT WITH REDUCTION, UH, FROM 55 FEET AS REQUIRED BY CODE TO 50 FEET.

UM, KEY HERE IS THAT THIS MATCHES WHAT EXISTS IN THE AREA.

SO WE'RE LEGALIZING IN ORDER FOR THE PROPERTY OWNER TO BE ABLE TO BUILD A NEW SINGLE FAMILY RESIDENCE.

UM, THE ACTION IS CONTINGENT ON APPROVING THE NEXT ITEM, ITEM 27, WHICH IS THE REZONE FROM A COMMERCIAL DISTRICT TO SF THREE TO ALLOW FOR THIS USE AND I'M HAPPY TO TAKE ANY QUESTIONS.

OKAY, ANY QUESTIONS FROM COUNCIL MEMBERS? ALRIGHT, WE DO HAVE A REQUEST TO SPEAK ON THIS.

I'LL OPEN THE PUBLIC HEARING AND INVITE JARED SPARKS TO COME FORWARD AND MAKE PUBLIC COMMENT ON ITEM 26.

WELCOME SIR.

GOOD MORNING, CITY COUNCIL.

UM, I DON'T REALLY HAVE ANY CONCERNS WITH THIS ITEM.

I JUST WANTED TO GET OUT HERE EARLY AND LET YOU GUYS KNOW THAT I AND MANY OTHER CITIZENS TRULY THINK THAT YOU ALL ARE DOING A GREAT JOB WITH THE TASK OF SERVING THE CITY.

IT'S A DIFFICULT AND THANKLESS JOB SOMETIMES AND I CAN ONLY IMAGINE THE DIFFICULTY WITH HAVING TO SOMEWHAT MANAGE THE SINS OF THE PAST FROM PREVIOUS COUNCILS WHO MAY HAVE KICKED THE CAN DOWN THE ROAD ON ITEMS LIKE THE FIREMAN'S FUND, THE INFRASTRUCTURE INVESTMENT WITH ROADS AND WATER AND MANAGING THE GROWTH THIS AREA HAS EXPERIENCED ALL WHILE WORKING HARD TO KEEP PROPERTY TAXES LOW.

I WILL ALSO COMPLIMENT THAT EVEN THOSE OF YOU THAT I HAVEN'T ALWAYS AGREED WITH, YOU ALL HAVE BEEN RESPECTFUL AND CONSCIENTIOUS OF THE REASONS FOR YOUR DECISIONS.

YOU ALL HAVE MANAGED THE FRUSTRATIONS WITH SOME OF THE SMALL BLOCKS OF CITIZENS AND I KNOW IT'S DIFFICULT WHEN YOU KNOW YOU CAN'T APPEASE EVERYONE OR YOU KNOW, THE FRUSTRATIONS ARE SIMPLY DUE TO A LACK OF KNOWLEDGE OR UNDERSTANDING ON CERTAIN CITIZENS' PARTS.

BUT TRULY YOU ARE DOING A GREAT JOB WORKING WITH CITY EMPLOYEES, MANAGING THE BACKLOG OF NEEDS AND DOING YOUR BEST TO PRIORITIZE THE PRESSURE POINTS AND DESIRES OF CITIZENS AND EDUCATING CITIZENS ON PROCESSES AND WHAT CAN AND CAN'T BE DONE SOMETIMES.

I APPRECIATE THE WORK AND I JUST WANNA LET YOU GUYS KNOW, PLEASE STAY ENCOURAGED THAT YOU ALL ARE DOING GREAT WORK.

YOU'RE LAYING STRONG FOUNDATIONS OF A POSITIVE COMMUNITY FOR FUTURE GENERATIONS.

THANK YOU GUYS.

THANK YOU VERY MUCH FOR YOUR COMMENTS.

THAT IS THE ONLY REQUEST TO SPEAK, UM, THAT WE HAVE ON ITEM NUMBER 26.

SO I WILL CLOSE THE PUBLIC HEARING.

IS THERE ANY DISCUSSION AMONG COUNCIL OR FURTHER? ALRIGHT, THANK YOU VERY MUCH.

THEN IF THERE'S NO FURTHER DISCUSSION, WE'LL LOOK FOR ACTION ON ITEM 26.

WE HAVE A MOTION FROM COUNCILMAN BERKHOLDER AND A SECOND FROM COUNCILMAN BURKES.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

SO MOTION CARRIES UNANIMOUSLY.

THANK YOU VERY MUCH.

ITEM 27,

[27. 10746 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 7, BLOCK 22, HOMESTEAD ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM C, COMMERCIAL DISTRICT TO SF-3, SINGLE-FAMILY DWELLING DISTRICT (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH DALLAS STREET AND EAST MICHIGAN 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: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

PLEASE.

IN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO RE ZONE LOT SEVEN BLOCK 22 HOMESTEAD EDITION, CITY AND COUNTY OF MIDLAND, TEXAS FROM SEA COMMERCIAL DISTRICT TO SF THREE SINGLE FAMILY DRILLING DISTRICT, GENERALLY LOCATED UP IN NORTHEAST CORNER OF THE INTERSECTION OF NORTH DALLAS STREET AND EAST MICHIGAN AVENUE.

CONTINUING COMMUNITY CLAUSE CONTAINING AND SAVING AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 IN ORDERING PUBLICATION.

AGAIN, THIS IS JUST A REZONE, UM, RELATED

[00:30:01]

TO THE ITEM BEFORE FROM COMMERCIAL TO SF THREE TO ALLOW FOR THE DEVELOPMENT OF A NEW SINGLE FAMILY RESIDENCE.

REAL QUICK, ELIZABETH, I DID HAVE A QUESTION.

UM, WITH THIS PARTICULAR LOT, WAS THIS OUTSIDE OF A OVERLAY THAT WE'VE PREVIOUS DONE? AND IS THIS AREA SOMETHING THAT WE'RE LOOKING AT? YES.

POTENTIALLY DOING THAT ON? YES, THIS IS INCLUDED IN THE NEXT, THERE ARE THREE ADDITIONAL AREAS THAT HAVE BEEN IDENTIFIED.

THIS IS ONE OF THOSE THREE.

UM, WE PRIORITIZE THE FIRST ONE THAT WAS APPROVED BY COUNCIL BECAUSE THAT'S WHERE WE WERE SEEING THE MOST DEVELOPMENT.

UM, BUT WE'RE STARTING TO SEE A LOT OF DEVELOPMENT IN OTHER AREAS OF DISTRICT TWO.

SO YES, WE'RE ACTIVELY WORKING ON THOSE TO SPEED ALONG THIS PROCESS.

UM, FOR FOLKS LOOKING TO BUILD SINGLE FAMILY HOMES IN THIS AREA.

DO YOU HAVE AN ESTIMATED TIMELINE OF WHAT THAT WILL BE? CERTAINLY BEFORE THE END OF THE YEAR.

WE'RE SHOOTING FOR QUARTER THREE, SO.

OKAY.

I THINK THAT'S GREAT AND IT REALLY HAS SUPERCHARGED THINGS.

YES.

IT, IT'S DONE WHAT WE HOPED IT WOULD DO IN THE OTHER AREA AND SO I THINK IT POTENTIALLY WILL HERE AS WELL.

WELL, AND IT'S THE RIGHT THING TO DO FOR OUR CITIZENS TOO.

'CAUSE THEY SHOULDN'T HAVE TO PAY FEES THAT THEY THEY SHOULDN'T HAVE TO PAY.

CORRECT.

AND WE ARE CURRENTLY WAIVING THE FEES THOUGH, IN THIS AREA, JUST SO THAT YOU KNOW, UM, IN THE MEANTIME.

GOOD.

THANK YOU FOR DOING THAT.

UM, THAT TIMELINE THAT YOU WERE SAYING, IS THAT FOR BOTH, UH, OVERLAY DISTRICTS? JUST ONE OF 'EM? NO, WE'RE GONNA WORK TO DO MULTIPLE AT THE SAME TIME.

WE KNOW WHAT PROCESS TO FOLLOW AND SO IT'S JUST A MATTER OF FOLLOWING THAT PROCESS.

AWESOME.

MM-HMM .

EXCELLENT.

OKAY, WELL THEN IS THERE ANY, WE HAVE A MOTION FROM COUNCILMAN BERKHOLDER, A SECOND FROM COUNCILMAN NORMAN PUBLIC HEARING.

OH, THIS IS A PUBLIC HEARING.

I'LL OPEN THE PUBLIC HEARING.

WE HAVE NO REQUEST TO SPEAK ON ITEM 27.

SO I'LL CLOSE THE PUBLIC HEARING NOW I HAVE A MOTION FROM COUNCILMAN BUR HOLDER AND A SECOND FROM COUNCILMAN NORMAN.

IF THERE'S NO FURTHER DISCUSSION, COUNCILMAN HOLDER AND NORMAN? A SECOND.

NORMAN, THANK YOU.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU.

ITEM NUMBER 28,

[28. 10747 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 5 AND THE WEST 36 FEET OF LOT 6, BLOCK 2, THE BEDFORD PLACE, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH H STREET AND BEDFORD DRIVE), BY PERMITTING (1) A REDUCED MINIMUM SIDE YARD SETBACK ON THE WEST SIDE OF THE PROPERTY AND (2) A REDUCED MINIMUM REAR YARD SETBACK; 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)]

PLEASE.

AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT FIVE AND THE WEST 36 FEET OF LOT SIX BLOCK TWO.

THE BEDFORD CLAY CITY AND COUNTY OF MILLON, TEXAS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH H STREET AND BEDFORD DRIVE BY PERMITTING.

ONE, A REDUCED MINIMUM SIDE YARD SETBACK ON THE WEST SIDE OF THE PROPERTY.

AND TWO, A REDUCED MINIMUM DEBRIS OR YARD SETBACK CONTAINING COMPUTER CLAUSE CONTAINING A SAVING AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMAL PENALTY OR FINE OF $2,000 IN ORDERING RECORDATION BY THE CITY'S SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION.

THANK YOU VERY MUCH, ELIZABETH? YES, THIS IS A SPECIAL EXCEPTION FOR THE PROPERTY LOCATED AT 1404 BEDFORD DRIVE IN DISTRICT NUMBER THREE.

UM, THE REQUEST IS TO REDUCE THE SIDE AND REAR YARD SETBACKS FROM 10 FEET AND FIVE FEET RESPECTIVELY TO ZERO, UM, FEET TO ALLOW FOR THE ADDITION OF A NEW GARAGE.

UM, WHENEVER WE LOOK AT THESE, HERE'S A, HERE'S A LOOK AT WHAT THAT ADDITION WOULD LOOK LIKE.

IT'S HIGHLIGHTED.

WHENEVER WE LOOK AT THESE, WE CERTAINLY LOOK AT FIRE CODE BUILDING CODE TO ENSURE THAT THEY COMPLY WITH THOSE CODES, WHICH IT DOES IN THIS CASE.

UM, AND THEN WE ALSO LOOK AT THE SURROUNDING NEIGHBORHOOD TO UNDERSTAND HOW OTHER PROPERTIES IN THE AREA HAVE BEEN DEVELOPED.

AND YOU CAN SEE THERE ARE SEVERAL PROPERTIES THAT HAVE ADDITIONS OR STRUCTURES, UM, THAT GO ALL THE WAY TO A ZERO FOOT, UH, SETBACK.

SO, UM, WE ARE COMFORTABLE RECOMMENDING, UM, APPROVAL, NO OBJECTIONS WERE RECEIVED DURING THE PUBLIC NOTIFICATION PROCESS.

CAN YOU GO BACK TO THE ONE THAT SHOWS THE AERIAL VIEW OF THE NEIGHBORHOOD? YES.

SO WE ALSO HAVE TALKED ABOUT WANTING TO MAKE SURE THAT THERE'S, WE DON'T HAVE A PROBLEM WITH INGRESS OR EGRESS INTO OTHER PEOPLE'S YARDS.

THERE'S NO SUCH CONCERNS HERE.

NO, THE UM, THE ENTRY EXIT FROM THE GARAGE WILL BE OFF OF THE, THE SIDE STREET.

UM, SO IT WILL NOT BE THROUGH THE ALLEY.

SO IT WON'T CREATE ANY ADDITIONAL TRAFFIC THROUGH THAT ALLEY.

OKAY.

AND I NOTICED ON THE ORIGINAL PLANS, I THINK THERE WAS A ROOF OVERHANG THAT WAS ACTUALLY IN THE RIGHT OF WAY.

SO THAT HAS BEEN ELIMINATED NOW, CORRECT? THAT HAS BEEN ELIMINATED? THAT IS CORRECT.

OKAY.

AND JUST OUTTA CURIOSITY THERE, THAT HOUSE WAS LIKE SLIGHTLY CROOK AND THE POSITION DIFFERENTLY.

PAINT A LITTLE JUST HOW IT WAS DEVELOPED.

YEP.

MY DAD USED, HE WOULDN'T EVEN LOOK AT HOUSES LIKE THAT WHEN WE WERE KIDS.

IT NEEDED TO BE SQUARE WITH THE WORLD.

THAT'S THE WAY HE AND JOHN.

I AGREE.

THIS ONE IS NOT SO, BUT, BUT ALRIGHT.

ANY OTHER QUESTIONS FROM COUNCIL MEMBERS? ALRIGHT, THIS IS A PUBLIC HEARING.

I'LL OPEN THE PUBLIC HEARING.

WE DO NOT HAVE REQUESTS TO SPEAK ON THIS ITEM, SO I WILL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION FROM COUNCIL.

WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER.

WE HAVE A SECOND FROM COUNCILMAN NORMAN.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION CARRIES UNANIMOUSLY.

THANK YOU VERY MUCH.

WE'LL MOVE ON TO ITEM NUMBER

[29. 10748 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 141.51-ACRE TRACT OF LAND (“TRACT 1”) AND A 22.98-ACRE TRACT OF LAND (“TRACT 2”), EACH OUT OF SECTION 10, BLOCK X, H.P. HILLIARD SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF NORTH GARFIELD STREET, APPROXIMATELY 1,295 FEET NORTH OF MOCKINGBIRD LANE); TRACT 1 BEING REZONED FROM SF-1, SINGLE-FAMILY DWELLING DISTRICT, IN PART, AND AE, AGRICULTURAL ESTATE DISTRICT, IN PART, TO SF-3, SINGLE-FAMILY DWELLING DISTRICT; TRACT 2 BEING REZONED FROM SF-1, SINGLE-FAMILY DWELLING DISTRICT, IN PART, AND PD, PLANNED DEVELOPMENT DISTRICT FOR A SHOPPING CENTER, IN PART, TO LR, LOCAL RETAIL DISTRICT; 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)]

29 PLEASE.

IN ORDINANCE LENDING THE ZONING

[00:35:01]

DISTRICT MAP OF THE CITY OF MID LYNCH TO REZONED A 1 4, 1 0.51 ACRE TRACK OF LAND AND A 22.98 ACRE TRACK OF LAND EACH OUT OF SECTION 10 BLOCK 10 HP HILLARD SURVEY CITY IN COUNTY OF MIDLAND, TEXAS GENERAL, LOCATED ON THE EAST SIDE OF NORTH GARFIELD STREET, APPROXIMATELY 1,295 FEET NORTH OF MOCKINGBIRD LANE TRACK, ONE BEING ZOD FROM SF ONE SINGLE FAMILY DRILLING DISTRICT IN PART AND AE AGRICULTURE STATE DISTRICT IN PART TWO SF THREE, SINGLE FAMILY DRILLING DISTRICT TRACK TWO BEING REZONED FROM SF, ONE SINGLE FAMILY DWELLING DISTRICT IN PART AND PD PLAN DEVELOPMENT DISTRICT FOR A SHOPPING CENTER IN PART TWO L OUR LOCAL RETAIL DISTRICT CONTAINING COMPUTER CLASS CONTAINING A SAVING AND FAVORABILITY CLASS PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 IN ORDERING PUBLICATION.

THANK YOU VERY MUCH.

UM, ELIZABETH, GO AHEAD.

YES, THIS IS A ZONE CHANGE REQUEST, UM, FOR A PIECE OF PROPERTY THAT'S LOCATED JUST OVER A MILE NORTH OF LOOP TWO 50 ON THE EAST SIDE OF NORTH GARFIELD IN DISTRICT ONE.

UM, THE REQUEST IS TO REZONE FROM A COUPLE DIFFERENT ZONING DISTRICTS, INCLUDING SF ONE, UM, A PLAN DEVELOPMENT FOR A SHOPPING CENTER AND THE MAJORITY IS AE TO SF THREE TO ALLOW FOR AND TO SF THREE AND APPORTION TO LOCAL RETAIL TO ALLOW FOR THE DEVELOPMENT OF, UM, A PRIMARILY RESIDENTIAL NEIGHBORHOOD WITH SOME COMMERCIAL OPPORTUNITY.

AGAIN, LOCAL COMMERCIAL OPPORTUNITY.

HERE'S A LOOK AT THE CURRENT ZONING.

UM, YOU CAN SEE THAT THIS IS JUST, UM, WEST OF THE WOODLANDS SUBDIVISION.

UM, TO GIVE YOU A LITTLE BIT OF CONTEXT, COUNSEL DID SEE A PRELIMINARY PLAT RELATED TO THIS ITEM BACK IN FEBRUARY, WHICH WAS APPROVED SUBJECT TO THE ZONING, UM, BEING SECURED.

UM, THAT PLAT SHOWED A TOTAL OF 385 LOTS, THE OVERWHELMING MAJORITY OF WHICH WOULD BE RESIDENTIAL.

UM, I I BELIEVE IT WAS WELL OVER 350 OF THOSE THAT WOULD'VE BEEN RESIDENTIAL.

THOSE RESIDENTIAL LOTS SHOWN ON THE PLAT AT THAT TIME MET THE SF TWO LOT DIMENSION REQUIREMENTS.

HOWEVER, YOU'LL NOTICE HERE THAT THE REQUEST IS TO REZONE TO SF THREE AND THE INTENT THERE IS JUST TO, UM, ALLOW FOR THE FLEXIBILITY.

UM, AS THE MARKET CHANGES.

THIS IS A VERY LARGE SUBDIVISION, OVER 150 ACRES.

IT WILL TAKE TIME TO DEVELOP.

SO TO ALLOW FOR THE FLEXIBILITY TO CHANGE THOSE, THOSE LOT SIZES OVER TIME IF NECESSARY.

AND THAT'S THE REASON FOR THE REQUEST.

HERE'S A LOOK AT HOW THE LOT, UM, OR HOW THE PROPERTY IS SPLIT INTO THAT LOCAL RETAIL AT THE SOUTHWEST CORNER OF THE PROPERTY, WHICH IS ABOUT 22 ACRES.

AND THEN THE REST WOULD BE SF THREE, UM, WHICH IS ABOUT 141 ACRES.

UM, AGAIN, A PRELIMINARY PLAT HAS BEEN APPROVED.

UM, A FINAL PLAT WILL NEED TO COME FORWARD, UM, THAT WILL LIKELY BE DONE IN PHASES AS WE'VE SEEN WITH OTHER LARGE DEVELOPMENTS.

UM, IT DOES, UH, IT IS COMPATIBLE WITH THE TALL CITY TOMORROW.

UM, COMPREHENSIVE PLAN, I DO WANNA HIGHLIGHT THAT THERE HAVE BEEN, UM, THREE OBJECTIONS RECEIVED THAT AMOUNT TO JUST UNDER THAT 20% THRESHOLD.

UM, SO WE'RE AT 19.54% OBJECTION.

SO NOT ENOUGH TO TRIGGER A SUPER MAJORITY VOTE, BUT IT'S IMPORTANT TO NOTE AND, AND THE PRIMARY CONCERNS, UM, TALK ABOUT THE INCREASED TRAFFIC IN THE AREA AND THE ADEQUACY OF INGRESS EGRESS, UM, WITH THAT LARGE NUMBER OF LOTS COMING IN.

SO THAT IS CERTAINLY CONVERSATIONS THAT WE WILL CONTINUE TO HAVE, PARTICULARLY AS WE MOVE THROUGH THE PLATTING PROCESS.

UM, THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS REQUEST ON MARCH 2ND.

UM, AND STAFF HAS LOOKED AT IT.

WE HAVE SOME, WE DO HAVE SOME CONCERNS, UM, ABOUT THAT TRAFFIC.

SO I, I WANNA AMEND THAT SECOND BULLET POINT THAT WE DO HAVE SOME CONCERNS ABOUT THE TRAFFIC PLANNING DOES ALLOW US TO ADDRESS MANY OF THOSE CONCERNS.

UM, BUT, BUT IN UNDERSTANDING THE OBJECTOR'S CONCERNS, THERE WILL NEED TO BE SOME ADDITIONAL WORK DONE WITH THE DEVELOPER, UM, TO LOOK AT HOW GARFIELD IS DEVELOPED AND OVER WHAT TIMEFRAME.

THANK YOU VERY MUCH.

AND I WANT TO START WITH A FEW REMARKS HERE, AND THEN OTHER COUNCIL MEMBERS MAY HAVE SOME AS WELL, AND THEN WE'LL OPEN THE PUBLIC HEARING SUBSEQUENT TO THAT.

BUT, YOU KNOW, THE DEVELOPER HERE, MARK PAYNE, HAS BEEN A GREAT ASSET TO THE COMMUNITY OF MIDLAND AND A REALLY RESPONSIBLE DEVELOPER IN MANY REGARDS.

AND SO WE ARE THANKFUL FOR THAT.

UM, I DO HAVE CONCERNS, AND I'VE RECEIVED QUITE A FEW EMAILS I THINK COUNCIL MEMBERS HAVE AS WELL ABOUT TRAFFIC CONCERNS AND ABOUT DRAINAGE CONCERNS.

AND WE KNOW THOSE ARE ISSUES IN THAT AREA, UM, BECAUSE WE, MANY OF US HAVE LIVED HERE A LONG TIME AND WE RECOGNIZE THAT MARK MOCKINGBIRD PROBABLY SHOULD HAVE GONE THROUGH A LONG TIME AGO.

AND SO FIGURING OUT HOW MOCKINGBIRD CAN COME THROUGH HOW D GARFIELD CAN BE DEVELOPED, UM, HAS TO BE PART OF THIS MORE COMPREHENSIVE CONVERSATION.

UM, NOT BECAUSE WE WANT TO RESTRICT DEVELOPMENT, BUT BECAUSE WE WANT TO HAVE A PRODUCTIVE NEIGHBORHOOD AND, AND AREA FOR OUR COMMUNITY WITH SAFE INGRESS AND EGRESS FOR THE EXISTING RESIDENTS IN THE AREA AS WELL AS THESE POTENTIAL

[00:40:01]

FUTURE RESIDENTS.

SO THAT'S KIND OF WHERE I VIEW THINGS, UM, WITH A CONSIDERATION TOWARDS THE INGRESS AND EGRESS AND, AND TRAFFIC FLOW AND THEN THE DRAINAGE.

UM, YOU KNOW, THIS IS OBVIOUSLY A SUB SUBSTANTIAL WATERWAY WHENEVER WE HAVE SIGNIFICANT RAINS.

AND SO MAKING SURE THAT WE GET THOSE THINGS RIGHT IS REALLY IMPORTANT.

SO WITH THAT, I'LL OPEN IT UP TO COUNCIL MEMBERS AND THEN WE'LL OPEN THE PUBLIC HEARING.

YEAH, SO, AND I'LL I'LL REITERATE THAT TOO.

AND, AND I WANNA SAY THANK YOU TO MR. PAYNE.

YOU'VE TAUGHT ME A LOT THROUGH THIS PROCESS AND I GREATLY APPRECIATE IT.

THIS IS, UH, THIS IS ONE OF THOSE THAT SEEMS VERY SIMPLE WHEN WE STARTED THIS CONVERSATION AND AS YOU GET THROUGH THE DETAILS, UM, IT GETS REALLY COMPLICATED.

UM, UM, I THINK TRAFFIC IS A, IS A BIG CONCERN.

UM, AND AGAIN, WE'VE TALKED ABOUT THIS BEFORE, THE INFRASTRUCTURE NEEDS ON THE NORTH SIDE OF TOWN HAVE REALLY OUTPACED OUR, OUR, OUR BUILDING PROCESS AND OUR BUILDING PLAN.

UM, AND I THINK THIS IS A GREAT EXAMPLE OF THAT, OF THE INTERACTION BETWEEN THIS MANY HOMES AND, AND THE, AND THE INFRASTRUCTURE MOSTLY STREETS, UM, IS SOMETHING WE REALLY NEED TO GET RIGHT THE FIRST TIME.

AND I THINK IT'S REALLY IMPORTANT THAT WE MAKE SURE WE DO THAT RIGHT.

UM, BECAUSE I THINK ONE OF THE JOBS OF THIS COUNCIL IS KIND OF LOOK AT THE MACRO VIEW OF THESE DEVELOPMENTS.

WE'VE GOTTA, IF WE MAKE THIS DEVELOPMENT, WE'VE GOTTA GET AWAY OR HAVE A WAY FOR RESIDENTS TO GET OUT SAFELY AND CONVENIENTLY TO, WHETHER IT'S GARFIELD GOING NORTH OR SOUTH OR GOING UH, UM, EAST TO 3 49.

WE'VE GOTTA FIGURE OUT HOW THAT HAPPENS.

UM, SO IT DOESN'T IMPACT THE OTHER AREAS.

AND SO THOSE, UM, UM, RESIDENTS HAVE A GOOD WAY TO DO THAT.

UM, AND I ALSO THINK THERE'S A CONCERN, UM, A LOT OF THE CITIZENS, UM, CONCERNS ABOUT TRAFFIC IN THAT EXISTING COMMUNITY TO THE EAST.

WE NEED, WE NEED TO MAKE SURE WE HAVE THAT FIGURED OUT.

UM, THAT HAS BEEN KIND OF A SILOED, UM, UM, COMMUNITY.

UM, AND THEY'RE, WE NEED TO FIGURE OUT HOW THIS DOESN'T GREATLY IMPACT THEM.

AND SO THEY'RE, THEY ALSO HAVE SAFE STREETS, UM, AND GOOD AND GOOD EGRESS, UM, ONTO A STREET AND ACTUALLY, UM, UM, ONTO GARFIELD.

UM, THE OTHER ONE IS, IS ACTUALLY, UM, THE DRAINAGE WHICH WE'VE TALKED ABOUT.

UM, THAT INTERSECTION AT GARFIELD AND MOCKINGBIRD I THINK IS GOING TO BE A PROBLEM.

UM, AS WE DEVELOP THAT, WE HAVE, UM, LESS, UM, UM, LAND THAT'S GONNA, UM, ABSORB RAIN, SO THAT'S GONNA ONLY GET WORSE.

UM, AND THAT DRAINAGE THAT THAT DRAW IS AN ISSUE NOW.

UM, SO WE REALLY NEED TO FIGURE OUT HOW TO GET THAT WATER INTO THE MIDLAND DRAW, UM, AND GET THAT WATER TO KIND OF, UM, GET OUT OF THAT NEIGHBORHOOD AND OUT OFF OF THOSE STREETS.

UM, AND I THINK THAT'S A REALLY IMPORTANT PART OF THIS DEVELOPMENT AS WE MOVE FORWARD THAT WE REALLY NEED TO ADDRESS AND MAKE SURE WE GET THAT RIGHT THE FIRST TIME.

YEAH, AND, AND I'LL UH, SAY THE SAME THING TOO.

I MEAN, MR. PAYNE, THE, THE DEVELOPMENTS THAT YOU'VE DONE HERE, THE QUALITY OF THE HOMES THAT YOU BUILT, QUALITY OF THE NEIGHBORHOODS HAVE JUST BEEN A STEP ABOVE.

AND SO WE APPRECIATE THAT THAT'S THE TYPE OF DEVELOPMENT THAT WE NEED HERE IN MIDLAND.

UM, I'M PROUD TO HAVE YOU AS A MIDLAND DEVELOPER BY, BY ALL MEANS.

SO THANK YOU FOR THE EFFORT THAT YOU PUT INTO IT.

AND I KNOW MIDLAND IS YOUR HOME AND YOU WANNA SEE IT BUILT.

I ALWAYS SAY, YOU KNOW, WE ONLY GET ONE CHANCE TO BUILD MIDLAND, SO LET'S BUILD IT RIGHT THE FIRST TIME.

AND SO I, I DO APPRECIATE THAT I WILL REITERATE SOME OF THOSE, UH, CONCERNS THAT WE HAVE AND YOU KNOW, AND I THINK THERE'S A LOT OF FRUSTRATION TOO WITH MOCKINGBIRD NOT BEING ALL THE WAY THROUGH.

AND, UH, BELIEVE ME, I LIVED ON THE OPPOSITE SIDE OF TOWN WHERE MOCKINGBIRD WAS NOT COMPLETED AS WELL, THAT WE FELT THE WOES OF THAT ALL THE TIME.

BUT, YOU KNOW, AND THIS IS A TOUGH ONE BECAUSE MIDLAND IS SUCH A FAST GROWING CITY THAT WE CAN MAKE THE SAME CASE FOR GARFIELD SHOULD HAVE BEEN EXTENDED NORTH.

3 49 SHOULD HAVE BEEN COMPLETED.

L TWO 50 SHOULD HAVE BEEN COMPLETED.

UH, A STREET SHOULD HAVE BEEN EXTENDED.

I MEAN, WE CAN GO ON AND ON AND ON OF THE ROADS THAT THAT SHOULD BE, BUT WE ALSO HAVE, WE DON'T HAVE A, UM, WE HAVE A, A A DEDICATED AMOUNT OF MONEY THAT WE CAN TO CAN GET THESE ROADS DONE.

AND SO I, I HATE TO SAY IT, BUT A LOT OF TIMES WE ARE REACTIVE TO GROWTH BECAUSE WE HAVE LIMITED FUNDS.

AND SO WHEREVER THE DEVELOPMENT IS, IS THAT'S WHERE WE, WE START GOING AFTER IT.

AND IS THAT OPTIMAL? ABSOLUTELY NOT.

AND DOES IT CAUSE PROBLEMS? ABSOLUTELY, YES IT DOES.

AND SO THOSE ARE JUST THINGS THAT WE HAVE TO NAVIGATE AS WE CONTINUE TO GROW AT THE PACE THAT WE'VE GROWN.

AND, UM, I DO WANNA SEE MOCKINGBIRD COMPLETED AND I DO WANNA SEE SOME OF THESE OTHER ROADS EXTENDED, BUT WE ALSO WANNA MAKE SURE THAT WE'RE DOING IT RIGHT.

YOU KNOW, WE'VE SEEN SO MUCH GROWTH ON, ON MR. STUBB'S SIDE OF TOWN THAT, UM, TRAFFIC IS BECOMING A REALLY BIG ISSUE AND IT'S SOMETHING THAT WE HAVE TO ADDRESS AND AS A CITY WE NEED TO ADDRESS AS WELL.

I'LL JUMP IN NEXT AND NOT TO, TO BEAT A DEAD HORSE.

I AGREE WITH EVERYTHING THAT'S BEEN SAID CONCERNING TRAFFIC, UM, ESPECIALLY WITH GARFIELD.

THE ONLY THING THAT, THAT I REALLY HAVE TO ADD IS, UM, THE SF THREE PORTION OF THIS.

I'M NOT QUITE COMFORTABLE WITH THAT.

I WOULD LIKE TO SEE SOME SF TWO IN THERE AS WELL.

I DON'T KNOW IF WE LOOK AT DOING THAT AS A PD.

UM, BUT, BUT SF THREE I THINK IS JUST GONNA BE A LITTLE BIT, A LITTLE BIT TOO DENSE FOR THAT AREA.

UM, AND THEN ON TOP OF THAT, I THINK PROCESS, UM, IS SOMETHING THAT I WOULD, WOULD LIKE TO JUST BRING UP AND I, DEPENDING

[00:45:01]

ON WHAT WE DO HERE TODAY, UM, I WOULD LIKE TO LOOK AT DIVIDING THIS INTO THE LR AND THE SF THREE.

UM, WITH THE OBJECTIONS THAT WE RECEIVE, THERE'S NO WAY TO KNOW WHAT THOSE OBJECTIONS ARE FOR AND HOW WE WOULD CARRY THAT OUT IF WE DID REACH THE THRESHOLD.

UM, AND I THINK WE JUST HAVE TO BE CONCERNED ABOUT PRECEDENT.

WE, WE CAN'T COMBINE THESE ITEMS LIKE THIS AND IN THE FUTURE WE CAN'T HAVE 'EM COMBINED AND COME BEFORE US IN THIS MANNER.

SO ULTIMATELY, DEPENDING ON, ON HOW THINGS PAN OUT TODAY, I WOULD LIKE TO SEE THESE BROUGHT FORTH AS TWO DIFFERENT ITEMS. OKAY.

ANY OTHER COMMENTS OR REMARKS FROM COUNCILORS? YEAH, I'D JUST LIKE TO ADDRESS, UM, THE, UH, ONE OF THE OBJECTIONS OR WHATNOT, AND I GUESS THIS QUESTION IS MORE FOR STAFF, BUT, UH, WILL WE, UH, THERE WAS ONE OBJECTION ABOUT THE, UH, THE 50 FOOT EASEMENT.

UM, IS THAT SOMETHING THAT UH, WE COULD HELP HELP OUT A CITIZEN ON, UM, BEING THAT THERE GATE IS RIGHT THERE IN THE EASEMENT OR WHATNOT? COUNCILMAN, I'M READING THE SAME OBJECTION.

WE'LL TAKE A LOOK AT THAT.

UH, THERE'S A HIGH PROB PROBABILITY, BUT I, I DON'T WANT TO GUARANTEE IF IT'S AN EXISTING EASEMENT, IT'S GONNA HAVE TO STAY.

UH, WE'LL DEFINITELY WORK WITH THE DEVELOPERS TO SEE WHAT THAT LOOKS LIKE AND WHAT WE CAN DO TO ADDRESS THAT CONCERN.

AND THE CITY WOULD HAVE TO APPROVE OF THE REMOVAL OF THAT EASEMENT, CORRECT.

SO E EITHER REMOVAL OR EVEN IN THE USE VACATED REMOVAL WITHIN THAT EASEMENT.

SO IF THERE'S REQUESTS FOR USE IN THAT EASEMENT, WE CAN TAKE A LOOK AT THAT AS WELL.

OKAY.

SO I HAVE A FEW THINGS JUST TO KIND OF TACK ON.

I, I JUST HAVE A FEW POINTS THAT I WAS KIND OF RAINED DOWN, BUT I THINK 19.54%, IT'S NOT INSIGNIFICANT.

I THINK WE ALSO NEED TO GUARANTEE THAT RIGHT OF WAY HAS BEEN ACQUIRED FOR A FIVE LANE ROAD FOR GARFIELD.

NOT JUST AN INTERIM.

I WANTED TO MAKE SURE WE'RE DOING IT RIGHT WITH THE FIVE LANE ALL THE WAY BECAUSE THOSE CITIZENS SOUTH IN YOUR DISTRICT DESERVE THAT.

UM, I ALSO AM MINDFUL ABOUT THE DENSITY.

I'M HAVING DENSITY ISSUES IN DISTRICT FOUR.

AND SO I DO HAVE CONCERNS WITH THE SF THREE, LIKE COUNCIL MEMBER POOL.

I ALSO BELIEVE IN A TRANSITIONAL AREA ON THE SOUTH SIDE BECAUSE IT'S AG AND YOU KNOW, I SUPPORT AGAIN, MID LENDERS WHO HAVE LIVED ON THE LOOP BECAUSE AN INFLUX OF TRAFFIC WILL BE COMING AND WE NEED TO MAKE SURE WE HAVE OUR INFRASTRUCTURE AND OUR RIGHT OF WAY FOR GARFIELD AND MOCKINGBIRD SECURED.

AND SO THAT'S JUST, THOSE ARE KIND OF MY POINTS WITH LOOKING FORWARD.

IT'S KIND OF A BIGGER PICTURE BECAUSE WE HAVE THE SAME EXACT CONVERSATION DISTRICT FOUR AS WELL.

OKAY.

ANY FURTHER REMARKS? I, NO.

UM, AND SORRY, GO AHEAD.

I WAS JUST GOING TO EMPHASIZE WHAT COUNCIL MEMBER BURKE SAID CONCERNING THE INTERIM ROAD.

UM, AND THAT MAY BE TOO FAR IN THE FUTURE, JOSE, BUT I WOULD REALLY LIKE TO SEE US GO AHEAD AND DEVELOP OUT THE ROAD AS IT NEEDS TO BE AND BYPASS HAVING AN INTERIM ROAD.

I THINK THAT'S A COST THAT WE DON'T NEED TO INCUR IF WE JUST HAVE TO GO BACK AND, AND DO BETTER IN THE FUTURE.

I'D, I'D LIKE TO JUST GO AHEAD AND SEE US PLAN OUT WHAT THAT ROAD IS SUPPOSED TO BE AND MOVE FORWARD WITH THAT.

YES.

FOR, SO FOR CLARIFICATION, WE ARE ACTUALLY IN DESIGN EFFORTS NOW FOR FULL BUILD OUT WITH THE OPTION OF A A, AN INTERIM SOLUTION.

BUT THE GOOD NEWS IS WE DO HAVE A DESIGN IN PLACE FOR FULL BUILD OUT.

SO IF THAT'S THE DIRECTION WE DECIDE TO GO, WE'LL HAVE THE PLANS READY.

CAN YOU THE INTERIM SOLUTION, IF IT IS PART OF A PHASE TO ACCOMPLISH THE FINAL SOLUTION AND IT'S NOT A GO IN AND TEAR OUT THE WORK WE JUST DID, I THINK WE SHOULD CONSIDER THAT.

BUT I DON'T, I DON'T THINK ANY OF US ARE INTERESTED IN AN INVESTMENT THAT, THAT WE THEN HAVE TO PAY TO TEAR OUT MM-HMM .

UM, SO I THINK HOW THAT IS STRUCTURED, IT MATTERS AND I HOPE THAT YOU'LL GIVE ATTENTION TO THAT WITH THE CONSULTANTS THAT ARE WORKING WITH YOU ON IT WILL DO.

ABSOLUTELY.

AND I KNOW THAT WE'VE TALKED A LOT ABOUT THIS JOSE TOO, BUT JUST TO BRING IT UP AS WELL, MEAN RIGHT OF WAY ACQUISITION IS EXTREMELY IMPORTANT, ESPECIALLY AS IT BECOMES HARDER AND HARDER TO GET SOME OF THESE RIGHT AWAYS AS WE HAVE, UH, OIL AND GAS SITES THAT ARE DEVELOPED OR PIPELINES THAT ARE GOING IN, THINGS OF THAT SORT.

SO SOME OF THESE KEY CORRIDORS, I MEAN, JUST AS AN EMPHASIS THAT WE NEED TO, TO MAKE SURE THAT WE'RE ACQUIRING EVERY BIT OF THE RIGHT OF WAY THAT WE, WE KNOW THAT WE'RE GOING TO EXPAND AT SOME POINT IN TIME AND WE MIGHT AS WELL, UH, TAKE CARE OF IT BEFORE IT GETS TOO DENSE.

ALRIGHT, WELL THEN WITH THAT I WILL OPEN THE PUBLIC HEARING AND MR. PAYNE WILL INVITE YOU TO SPEAK FIRST AND SHARE YOUR THOUGHTS ON ANYTHING THAT WE'VE SAID OR ANYTHING THAT WE DIDN'T CONSIDER.

I APPRECIATE THE KIND WORDS.

UH, AND REALLY I THINK GO COMING INTO THIS, I FELT LIKE THE CONCERNS I HEARD PRIMARILY WERE THE SF THREE.

UH, THIS IS GONNA BE A VERY SIMILAR TO HERITAGE OAK, WHICH IS SOMETHING OVER 700 LOTS.

WE'LL FINISH UP PROBABLY NEXT YEAR.

UM, IT'S GOT HOUSES FROM OUR 2000 SQUARE FOOT PLAN, THE DEVON WOOD THAT'LL FIT ON A 58 FOOT LOT TO THE ASHBROOK, WHICH IS 3,300 SQUARE FOOT AND REQUIRES AN 80 FOOT LOT.

THAT'S ALL WITHIN 700 LOTS.

[00:50:01]

THEY'RE MIXED IN IT'S, BUT A VERY DIVERSE RANGE OF SIZES.

YOU KNOW, EVEN THAT DEVON WOOD QUITE OFTEN, IT KEEPS ON GETTING THE SMALL ONE GETS TO HIGHER AND HIGHER PER SQUARE FOOT, BUT IT'S THE CHEAPEST HOUSE, HOUSE IN THE WE SELL.

SO THERE'S TWO WAYS TO ACCOMPLISH THAT DIVERSE MIXTURE.

UH, WILLEM PARK WAS OUR FIRST STAB AT THAT AND WE DID IT IN QUADRANT, WE JUST SAID THE SOUTHERN PART WAS GONNA BE 2000 TO 2,500 SQUARE FOOT.

THE NORTHWEST PART WAS GONNA BE 25 TO 3000.

THE NORTHEAST PART WAS GONNA BE 3000 AND UP THAT WORKS ALL RIGHT BECAUSE YOU GOTTA GROW IN ALL DIRECTIONS TO DO THAT.

SO IT'S REAL HARD TO MIX THE PRODUCT IN HERITAGE OAK, WE SHIP TO DOING IT BY STREETS.

IF YOU CAME IN OFF OF BRIARWOOD ON HERITAGE OAK, YOU'D BE HAVE LOTS THAT ARE 55 TO 65 FOOT LOT WIDE.

YOU GO OVER TO LITTLE RIVER COURT, YOU'VE GOT LOTS THAT ARE 75, 85 FOOT WIDE AND BOS SKIS GOT 65 TO 75.

BUT THERE YOU MAY ACROSS YOUR ALLEY, YOU MAY BE IN A, THAT 2000 FOOT HOME MAY HAVE A 3,300 FOOT HOME BEHIND THE ALLEY ACROSS THIS ALLEY.

WE DON'T PUT 'EM FACING EACH OTHER AND WE TRY TO KEEP, UM, YOU KNOW, WHEN I FIRST STARTED THE BUILDING IN MIDDLELAND, IT WAS 3000 SQUARE FOOT AND HE IS ON A 80 FOOT LOT, 25 FOOT D SO THE WIDTH OF THE LOT SET THE PRICE.

I MEAN, I'VE GOTTA BUILD WATERLINE SEWERS, CURBING GUTTER ASPHALT, AND IF I GOT A PAVED ALLEY SO THE WIDER IT GETS, IT'S UH, YOU KNOW, ONE OF HERITAGE JOKES PROBABLY RAN SOMEWHERE AROUND A THOUSAND TO 1200 PERING FOOT OF WIDTH OF OF WIDTH.

UM, THE LAST PHASE WE'RE DOING, WE'RE FINISHING UP RIGHT NOW IS SECTION NINE AND IT'S GONNA IT BE AROUND 15 OR 1600.

UM, SO LOTS THAT YOU.

WHEN I FIRST STARTED BUILDING LOTS FOR 20, THAT 80, ABOUT 125 FOOT LOT WAS 25,000.

NOW THEY'RE GONNA BE THE LAST LOTS IN HERITAGE OAK ARE GONNA BE 115, 120,000 AS I GO INTO HAR UM, HORSESHOE BEND.

UH, I THINK I'M GONNA BE SEEING CLOSER TO THE 16 TO 18.

SO THAT 60 FOOT LOT'S NOT GONNA BE A HUNDRED GRAND AND A MILLION DOLLAR HOUSE IS NOT A MILLION DOLLAR HOUSE ANYMORE.

I MEAN, IT MAY BE THE STARTER HOME POINT IS THAT WE'VE REALLY GOTTA WATCH AFFORDABILITY.

UM, WHAT REALLY SETS MY LOT WIDTH, IF YOU WANT A THREE CAR, CAR GARAGE, I CAN'T HARDLY GO LESS THAN 74.

PLEASE, PLEASE CONTINUE THE FULL THING THAT YOU'RE PREPARED TO SAY.

WE NEED TO HEAR THIS IN OUR DISCUSSION.

SO THE TIMER WENT OFF, BUT WE'D LIKE FOR YOU TO CONTINUE PLEASE.

TO DO WHAT? GO AHEAD AND CONTINUE.

OKAY.

OKAY.

UM, SO THE CAR, THE GARAGE WIDTH IS WHAT SETS THE LOTS.

SO, UM, AND, AND THE REALLY THE PRODUCT, I MEAN, I'M NOT GONNA PUT THAT DEVON WOOD ON THE 60 AS IT WAS INDICATED THAT I MIGHT CHANGE WHAT HAPPENED.

YOU, WE COME OUT WITH A GENERAL LAYOUT WHERE WE KIND OF, I SET A CRITERIA, THE LOTS BE 65 AND, AND WE START TWEAKING THAT ONCE WE'VE GOT OUR PLAN, WE'LL, WE'LL SQUEEZE THOSE LOTS, QUITE A FEW OF 'EM DOWN TO 60 FOOT.

THEY'LL BE QUITE, UM, PROBABLY THE ONLY REASON WE HAD EVER GO BEYOND THAT IS IF WE WENT TO A GARDEN TYPE HOME.

SO, UH, GREEN SPACE IS ANOTHER CONCERN.

UM, WE DON'T PLAN ON LEAVING A COUPLE OF CA PLANTING GRASS ON A COUPLE ACRES OF IT AND EXPECTING THE HOMEOWNER TO PAY CARL 50 THOU $50 A THOUSAND TO WATER IT BECAUSE IT'S, IT'S JUST IMPOSSIBLE TO KEEP IT GREEN.

BUT WE DO HAVE BETTER THAN 30 ACRES OF, WITH A 12 ACRE PARK IN IT, I THINK WILL BE ONE OF THE NEATEST GREEN SPACES THAT MIDLAND HAS SEEN SINCE WOODLAND PARK.

SO UNFORTUNATELY IT'S DIVIDED BY MOCKINGBIRD THAT THAT STORM WATER IS NOW BECAUSE WE, WE DID, WE, I GUESS WE DID.

I MEAN THE POLO PARK IS A UNIQUE FEATURE AND SO A COMBAT A DID, WE MOVED IT UP, BUT IT SPLIT SPLIT THIS PROPERTY.

INSTEAD OF JUST BEING BACKED UP TO A A 300 FOOT DRAW, IT'S NOW GONNA BE BACKED UP TO MOCKINGBIRD LANE AND NOBODY WANTS TO BE BY THAT BUSY OF THE STREET.

[00:55:01]

BUT THAT'S WHERE WE'RE AT.

SO JUST CLOSE FOR THIS PROJECT TO GO FORWARD.

I NEED, I NEED YOUR HELP TO BE CANDID WITH YOU AND I NEED YOU TO GIVE ME THE ZONING THAT I'M ASKING FOR.

I WILL DELIVER YOU A GOOD PRODUCT.

AND IT'S, IT'S A DIVERSE, IT IS THE DIVERSE PRODUCT AND IT'S IMPLYING THAT IT MIGHT CHANGE.

WELL, YES, THE MARKET COULD CHANGE.

I MEAN OBVIOUSLY IS HOUSING GETS MORE EXPERIENCED, EXPENSIVE.

A SMALLER HOUSE IS GONNA BE ONE OF THE SOLUTIONS.

THE OTHER THING IS, I'M, I'M GONNA BE COMING BACK ASKING YOU TO CARRY THE BIRD AND HAVE OF HAVING BROUGHT MOCKING BIRD UP ON ME, I, WHEN I BOUGHT, WE BOUGHT THIS PROPERTY.

IT WAS DOWN THERE ON THE SECTION LINE.

IT WASN'T INTRUSIVE.

WE KNEW WE HAD A STREET, AND AS I REACHED OVER AND GOT GARFIELD, I UNDERSTAND THAT WHAT I WAS BUYING THERE, AND I'M WILLING TO HELP WITH THOSE.

BUT I, I TOLD JOSE FROM THE GET GO THAT IF YOU'RE GONNA BRING IT UP ON ME, THE CITY NEEDS TO CARRY THEIR SHARE.

UM, THE OTHER THING IS THEY'RE DRAINAGE ISSUES.

ISN'T THAT THING.

THE SOUTH OF IT, WHAT WE WILL DO WITH THIS PROJECT WILL HELP TREMENDOUSLY TO ALLEVIATE PROBLEMS. BUT WE'VE GOT ON THE WEST SIDE, WE'VE GOT MIDLAND DRAW COMING IN AND THEY'RE TELLING US WE NEED EIGHT 10 BY SIX CULVERTS GOING THROUGH.

THAT'S ABOUT WHAT WENT UNDER WADLEY.

IF Y'ALL SAW WHAT THEY DID WITH THE ZOO, THAT'S WHAT THEY TOOK TO ADD THAT THAT'S WHAT WE GOT COMING IN ON THE WEST SIDE.

IT KINDA STRUCK, YOU CAN SEE WHAT IT DOES.

IT COMES OUT ON THE EAST SIDE AND YOU DON'T SEE IT.

IT GOES RIGHT THROUGH SADDLE CLUB LAKES NOW THAT , LIKE WAY SADDLE CLUB LAKES WAS DESIGNED WITH MIDLAND DRAW GOING THROUGH IT.

NOW, A GOOD ENGINEERING PLANNING WOULD'VE SAID, OKAY, WE, IF WE'RE GONNA DO THAT, WE GOTTA GET IT ACROSS A STREET NOW.

BUT THERE WASN'T, AND I THINK A LOT OF TIMES, I WAS TELLING BRIAN EARLIER, I THINK A LOT OF TIMES WE LOOK AT FLOOD WATER AND DRAINAGE STUDIES AND WE THINK WHAT WE CHOOSE MAKES IT REAL.

I TOLD BRIAN, IT'S KINDA LIKE THE BABEL.

THERE'S SOME THINGS I JUST DON'T REALLY WANT, WOULD PREFER NOT TO BELIEVE.

WHAT I BELIEVE DOESN'T CHANGE WHAT'S TRUE, NOR DOES WHAT WE BELIEVE ABOUT STORM WATER CHANGE.

WHAT'S TRUE WHEN THAT STORM COMES, IT'S GONNA DO WHAT IT DOES.

SO THERE VERY MUCHLY IS A STORMWATER, WHAT WE'RE DOING WILL HELP IT, BUT THERE'S, THERE'S A BRIDGE THAT NEEDS TO GO UNDER GARFIELD, WHICH WILL BE IN THIS PROJECT.

THERE'S ANOTHER MATCHING BRIDGE THAT NEEDS TO GO UNDER A STREET THAT LETS IT GO ON THROUGH.

AND, UM, TRAFFIC BEING A CONCERN, ONE OF THE REASONS THAT I WAS WILLING TO ACCOMMODATE MOCKINGBIRD LANE IS BECAUSE IF WE DON'T, IF THE CITY DOESN'T FACILITATE IT, WOODLAND PARK AVENUE, THEY'RE GONNA FIND THIS.

IF WE EVER CONNECT TO GARFIELD, IT'S GOING TO WHAT, FIND ITS WAY THROUGH OUR SUBDIVISION.

AND THAT'S, THAT'S WHY I WOULDN'T GO FORTH IF, IF, EVEN THOUGH I CAN CONNECT TO GARFIELD, UH, IT JUST DOES NOT, UH, MY GOAL IS ALWAYS BUILD A SUBDIVISION THAT BUILDS VALUE.

SO I'M ASKING FOR THE ZONING, BUT I'M ALSO GONNA COME BACK AND I I'M GONNA ASK YOU FOR SOME Y'ALL'S ACCOUNTS ON SOME STUFF.

I MEAN, IT'S, AND IT'S ALL FOR THE GOOD OF MIDLAND.

I I DON'T THINK ANYTHING THAT I'M ASKING FOR, AND TO BE HONEST WITH YOU, THIS PROJECT IS NOT, IF I WAS STILL BACK WHERE I HAD TO, I'VE GOT THE ROOM TO BE ABLE TO DO SOMETHING OR MAY NOT BE AS PROFITABLE AS I'D LIKE TO SEE IT.

BUT I DON'T HAVE TO DO IT EITHER.

AND I, I THINK IT'S, IT WOULD BE REAL GOOD FOR MIDLAND AND I THINK IT'LL EVEN BE GOOD FOR MY NEIGHBORS.

UH, SO THANK YOU.

WELL, THANK YOU VERY MUCH FOR YOUR COMMENTS.

UM, I WANT TO, ONE THING THAT YOU SAID THERE IS TO SETTLE OUR ACCOUNTS.

UH, THE CITY DOES HAVE SOME ACCOUNTS TO SETTLE ON THIS ONE.

I'M, I'M, I'M SORRY.

YOU SAID ONE OF THE THINGS THAT YOU SAID IS THAT WE HAVE TO SETTLE OUR ACCOUNTS AND WE DO HAVE SOME ACCOUNTS TO SETTLE ON THIS.

WE HAVE, WE HAVE HISTORICALLY NOT PROVIDED THE DEVELOPMENT IN THIS AREA.

YOU'VE OWNED THIS PROPERTY FOR A LONG TIME AND PROBABLY WOULD'VE DEVELOPED IT BEFORE NOW IF SOME OF THIS INFRASTRUCTURE HAD BEEN IN PLACE.

THAT'S CORRECT.

AND SO I'VE BEEN

[01:00:01]

IN THE BUSINESS OF SETTLING A LOT OF ACCOUNTS SINCE I'VE BEEN MAYOR.

IT'S THE JOB THAT I'VE BEEN DOING, AND I THINK THAT WE CAN FIND A WAY TO DO THAT FOR YOU.

I, I DEFINITELY WOULD APPRECIATE IT.

YEAH.

MAYOR, MAY I ADDRESS A A A PROCEDURAL MATTER? YES.

JUST REAL QUICK FOR THE BENEFIT OF THOSE WATCHING ONLINE AND THOSE HERE, UM, THE MAYOR DID ALLOW, UH, UH, THE, THE SPEAKER MORE THAN THREE MINUTES, UH, TO ADDRESS THE BODY.

UH, THIS IS DIFFERENT FROM PUBLIC COMMENT.

THE THIS IS AN APPLICANT THAT IS LOOKING FOR REASON, PROVIDING THE COUNCIL WITH, WITH VERY VALUABLE INFORMATION.

AND THAT IS THE REASON THAT WE NEEDED THE ADDITIONAL TIME IN ORDER TO GET THAT INFORMATION FOR THE COUNCIL'S BENEFIT AND FOR THE BENEFIT OF THE COMMUNITY.

AND I DEFINITELY APPRECIATE THAT WAS, I WAS TRYING TO FIGURE OUT HOW TO SQUEEZE IN THREE MINUTES .

YEAH, THAT'S, THAT'S DIFFICULT.

AND MR. PAYNE, YOU ALSO SAID SOMETHING ABOUT GREEN SPACE TOO.

AND, UH, I GOTTA SAY WOODLANDS PARKS IS, UH, ABSOLUTELY ONE OF MY FAVORITE, UH, PARK DEVELOPMENTS AND THAT I'VE SEEN.

AND, AND SO, BUT THAT IS SOMETHING THAT I DON'T WANNA SPEAK FOR THE REST OF THE COUNCIL, BUT I THINK THEY'RE PROBABLY IN THE SAME BOAT, IS THAT, UH, WE'VE SEEN A LOT OF DEVELOPMENTS GO IN THAT ARE, YOU KNOW, A QUARTER ACRE, HALF ACRE, I MEAN A A QUARTER SECTION, HALF SECTION, FULL SECTION PROPERTIES WHERE IN THE PAST THAT WE HAVEN'T DONE ANY OF THESE GREEN SPACES.

AND I JUST DON'T THINK THAT THAT'S THE RIGHT THING TO DO FOR THE CITIZENS OF MIDLAND.

UM, WE CHOOSE TO LIVE IN NEIGHBORHOODS BECAUSE WE WANT TO BE THERE.

WE SHOULDN'T HAVE TO CHOOSE THE NEIGHBORHOOD JUST BECAUSE IT'S THE CHEAPEST THING THAT WE CAN POSSIBLY GET.

AND THAT'S, THAT'S ALL WE GET OUT OF IT.

SO WE NEED TO PROVIDE AMENITIES FOR PEOPLE, AND THAT'S, THAT'S SOMETHING THAT'S A BIG FOCUS OF MINE AS WELL.

SO I, I APPRECIATE THE GREEN SPACE, AND THAT IS SOMETHING THAT WE'LL CONTINUE TO LOOK FOR AS WE SEE SOME OF THESE LARGER DEVELOPMENTS TO GIVE BACK TO THE COMMUNITY.

SO THANK YOU FOR THE, THE DEVELOPMENTS THAT YOU HAVE DONE AS WELL.

AND BOTH OF THOSE ARE REALLY EXPERIMENTS OF HOW TO USE STORM WATER, AND THAT'S THE WAY TO GET BEST WE CAN TO FIGURE OUT HOW TO GET SOME GREEN SPACE.

WELL, I THINK THAT WE'VE SEEN WHAT SOME OF THE ALTERNATIVES TO AFFORDABLE HOUSING CAN LOOK LIKE IN MIDLAND.

AND THEY'RE NOT AS TRYING NOT TO THROW SHADE AT ANYBODY, BUT THEY'RE, THEY'RE NOT AS NICE AND, AND THEY DON'T CONSIDER GREEN SPACE.

AND WE DO HAVE AN AFFORDABILITY PROBLEM, AND IF WE DON'T ADDRESS IT FAST, IT'S JUST GONNA GET WORSE AND WORSE.

SO IF, IF YOU SAY, MR. PAYNE, YOU NEED SF THREE AND YOU THINK THAT'S WHAT YOU NEED TO GET THIS DONE, I'M FULLY IN FAVOR OF AND WE TRUST YOU AND WE THINK YOU DO A GOOD JOB, OR I DO.

YEAH.

WELL, THANK YOU.

THANK YOU.

ALRIGHT, THIS TIME I'D LIKE TO CALL JOHN NEWTON, WHO IS ALSO PART OF THE DEVELOPMENT TEAM.

AND SO JOHN, IF YOU'D LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT, I'LL JUST, UH, ANSWER QUESTIONS IF NEEDED.

OKAY.

ENGINEERING OR DRAINAGE OR, OKAY.

WELL THEN IF WE HAVE QUESTIONS FOR YOU, THEN WE WILL CALL ON YOU.

OKAY.

FOR THAT.

UM, AT THIS TIME, I'D LIKE TO CALL JARED SPARKS TO COME FORWARD AND MAKE PUBLIC COMMENT ON ITEM 29.

THANKS AGAIN.

SO, UH, YOU KIND OF ACTUALLY ACKNOWLEDGED PART OF THE THOUGHT THAT I HAD, WHICH WAS, THIS IS AN EXAMPLE OF KICKING THE CAN DOWN THE ROAD.

UM, I KNOW WITH RIGHT OF WAY ACQUISITIONS THAT WAS STARTED YEARS AGO ACTUALLY, WHEN MY DAD WAS ON CITY COUNCIL, AND HE'S BEEN OFF FOR ALMOST A DECADE.

UM, AND I KNOW THAT I'VE PERSONALLY DISCUSSED WITH SOME OF YOU GUYS OF WHAT IS THE PLAN FOR THIS AREA? WE NEED TO DO SOMETHING, THE CITY NEEDS TO PRIORITIZE THIS BECAUSE IT, IT WILL HELP ALLEVIATE HAVING, YOU KNOW, GETTING TRAFFIC OFF OF LOOP TWO 50 AND BEING ABLE TO GET TRAFFIC FROM THAT NORTHEAST MIDLAND AND HAVING AN EAST WEST CORRIDOR.

I KNOW MOCKINGBIRD WON'T BE FULLY STRAIGHT, BUT EVEN HAVING SOMETHING WILL BE BENEFICIAL.

UM, I APPRECIATE, I DIDN'T EVEN KNOW THAT I WAS GONNA NECESSARILY SPEAK ON THIS TODAY, BUT I APPRECIATE THE, THE CONCEPT OF THE SF THREE TO ALLOW THE FLEXIBILITY BECAUSE MIDLAND IS CHANGING AND THE NEEDS AND DESIRES OF THE MARKETPLACE ARE GONNA CHANGE.

AND SO HAVING THAT FLEXIBILITY WITH THAT ZONE CHANGE IS ACTUALLY WHAT YOU SHOULD DESIRE FROM A RESPONSIBLE DEVELOPER LIKE MARK.

SO I HOPE THAT THIS INCENTIVIZES AND JUMPSTARTS THE CITY TO MOVE, UM, THIS UP ON THE PRIORITY LIST.

AND THAT, YOU KNOW, WORKING WITH, UH, CITY STAFF, YOU GUYS CAN LOOK AT THE BIG PICTURE ON THE DRAINAGE AND THE TRAFFIC, AND I THINK IT'S GONNA BE A, I THINK IT'S A POSITIVE DEVELOPMENT, BUT HOPEFULLY INEVITABLY IT, IT DOES INCENTIVIZE THE CITY TO FINALLY DO WHAT IT NEEDS TO BE DONE IN THIS AREA AND HAS NEEDED TO BE DONE FOR A LONG TIME.

SO I'M IN SUPPORT OF IT.

THANK YOU.

THANK YOU, JARED.

APPRECIATE YOUR COMMENTS.

AT THIS TIME, I'LL CLOSE THE PUBLIC HEARING.

WE HAVE NO FURTHER REQUEST TO SPEAK, UM, BUT I DO THINK WE NEED A LITTLE BIT FURTHER DISCUSSION.

I, YOU KNOW, I, I AM SUPPORTIVE OF THE SF THREE.

I THINK THAT NOT EVERYONE IN MIDLAND CAN AFFORD SOME OF THE MASSIVE HOMES THAT HAVE BEEN DEVELOPED AROUND OUR COMMUNITY.

AND WE NEED TO MAKE SURE THAT WE ARE PROVIDING GOOD PRODUCTS THAT ARE ACCESSIBLE TO MIDLAND FAMILIES.

AND I THINK THAT THIS IS ONE OF THE WAYS THAT WE DO THAT.

THIS IS PART OF A MATRIX

[01:05:01]

OF WAYS THAT WE NEED TO DO THAT, BUT THIS IS ONE OF THOSE WAYS.

AND SO I'M SUPPORTIVE OF THAT COMPONENT OF THIS.

I DO THINK THAT THERE ARE SOME CONVERSATIONS THAT WE NEED TO HAVE WITH STAFF ABOUT HOW WE'RE GOING TO ADDRESS SOME DRAINAGE CONCERNS, HOW WE'RE GOING TO ADDRESS MOCKINGBIRD IN GARFIELD.

AND I DON'T KNOW THAT WE NECESSARILY HAVE TO HAVE THAT COMPLETELY DESIGNED OUT AND ENGINEERING DESIGNS IN HAND, BUT I DO THINK WE NEED TO HAVE A GOOD PATH FORWARD AND AN UNDERSTANDING OF WHAT THE BUDGETARY NEEDS ARE GOING TO BE FOR US AS A COMMUNITY AND AS A CITY BEFORE WE GO FORWARD AND APPROVE THIS.

SO I WOULD LOVE TO SEE A SHORT TERM DEFERRAL OF THIS ITEM TO ALLOW JOHN AND MR. PAYNE TO WORK WITH OUR CITY STAFF AND FOR US TO ALL HAVE DIALOGUE ABOUT HOW WE CAN ACCOMPLISH THAT AND THEN BRING THIS BACK WITH SOMETHING, WITH AN ACTUAL PLAN TO PRESENT.

YOU KNOW, I I'LL REITERATE THAT TOO.

THIS, THIS IS A GREAT DEVELOPMENT.

I, AGAIN, I'M, I'M VERY MUCH IN SUPPORT OF IT.

UM, IT SOLVES A LOT OF THAT BIG HOUSING ISSUES I THINK WE HAVE IN MIDLAND.

UM, BUT, UM, ONE OF THE THINGS, AGAIN, I'VE TALKED TO MR. PAYNE ABOUT THIS MULTIPLE TIMES, BUT YOU KNOW, I THINK A STREET IS A GREAT EXAMPLE OF US TRYING TO GET AHEAD OF DEVELOPMENT.

IT'S A FIVE LANE ROAD FROM THE LOOP TO MOCKINGBIRD.

UM, BUT WE DIDN'T DO DRAINAGE WHEN WE DID A STREET.

AND THIS IS A GREAT EXAMPLE OF, WE SOLVED A LOT OF PROBLEMS WITH DOING A STREET, WHAT WE THOUGHT WAS THE RIGHT WAY MANY YEARS AGO.

UH, BUT WE'VE CAUSED ANOTHER ISSUE, UM, THAT IS INHIBITING, UM, DEVELOPMENT AND INHIBITING GROWTH.

AND I THINK THIS IS KIND OF, THAT'S JUST THE, THE MINDSET I THINK WE NEED TO HAVE OF THERE IS A, A SOLUTION TO THIS THAT WE CAN GET AHEAD OF IT.

I THINK IT DOES INVOLVE CITY STAFF REALLY HELPING US OUT.

UM, IT'S GONNA TAKE US SOME KIND OF HARD DECISIONS WHEN WE START BUDGET CYCLES, WHICH IS COMING UP, UM, BECAUSE THIS IS A NEED, I THINK WE ARE BEHIND.

UM, AND I WANT TO DO, MAKE SURE THAT WE DO IT RIGHT.

WE MAKE SURE THAT WE TAKE IN BOTH THE FLOW, THE SAFETY, AND THE DRAINAGE WHEN WE, UM, DESIGN THE INFRASTRUCTURE OF THIS.

AND I THINK THAT'S SOMETHING THAT WE REALLY NEED TO SPEND SOME TIME TO DO.

RIGHT? AND I THINK WE'LL SAVE TIME IN THE LONG RUN IF WE DO IT RIGHT NOW AND NOT HAVE TO COME BACK AND REDO STUFF LATER, UM, IN THE PROJECT.

YEAH.

AGREED.

AND, AND AGAIN, JUST TO REITERATE, UH, YOU KNOW, THANK YOU FOR BUILDING YOUR GOOD PRODUCT AND THANK YOU FOR INVESTING IN MIDLAND.

AND YEAH, WE WANT TO, WE WANNA DO THIS RIGHT? WE WANNA MAKE SURE THAT, UH, WE HAVE THE INGRESS AND EGRESS AND THE DRAINAGE ISSUES AND THINGS TAKEN CARE OF.

AND, YOU KNOW, JUST TO REITERATE WHAT THE MAYOR WAS SAYING, I MEAN, THERE, THERE'S A LOT TO UNPACK WHEN IT COMES TO THE DEVELOPMENTAL SIDE FROM THE CITY'S ASPECT.

AND SO, UM, I DO WANT TO HAVE MORE CONVERSATION ABOUT THAT AS WELL, JUST TO MAKE SURE, UM, THAT WE'RE DOING THINGS RIGHT AND THE BUDGETARY THINGS ARE ALWAYS A CONCERN AS WELL TOO.

BUT AGAIN, WE WANNA BE SUPPORTIVE AND WE WANNA MAKE SURE THAT WE'RE DOING SOMETHING RIGHT.

THIS IS NOT KICKING THE CAN DOWN THE ROAD, PER SE, THIS IS JUST MAKING SURE THAT WE DO IT RIGHT AND WE DO IT RIGHT THE FIRST TIME.

WHAT BRIAN WAS SAYING, I WOULD SAY ONE THING TOO, UH, THE SF THREE DESIGNATION, I, I REALLY WOULD, UH, YOU KNOW, IT SOUNDS LIKE YOU HAVE A GOOD PLAN FOR, UH, THE TRANSITION AS YOU'RE MOVING FROM SF TWO OR SF THREE INTO SOME SF TWO, SOME DIFFERENT SIZE HOMES.

AND SO JUST ASK FOR THAT PLAN TO BE SOMETHING THAT IS, UM, THAT, THAT JUST, THAT LOOKS GOOD, THAT IT'S REPRESENTATIVE OF, OF, YOU KNOW, MIDLAND AND WHAT YOU BUILD, AND THAT WE HAVE A GOOD TRANSITION, UH, AND THINGS MAKE SENSE WHENEVER WE GO FROM THOSE TRANSITIONS, FROM THOSE 2000 SQUARE FOOT HOMES TO THE 3,300 SQUARE FOOT HOMES.

AND AGAIN, IT, IT SOUNDS LIKE YOU HAVE A GOOD PLAN FOR THAT.

YOU DROPPED THROUGH HERITAGE HOMES.

YEP.

AND SO, BUT ANYWAY, I JUST WANNA ABSOLUTELY.

WELL, I JUST WANNA RE REITERATE THAT, AND SO I CAN'T BE SUPPORTIVE OF THAT AS WELL.

'CAUSE AGAIN, I, I DO KNOW THAT WE NEED SOME OF THOSE MORE AFFORDABLE HOMES IN MIDLAND.

AND, AND AS YOU SAID, I MEAN, REALLY WHAT'S AFFORDABLE ANYMORE, UH, IT'S, IT'S GETTING MORE DIFFICULT.

AND SO WE RECOGNIZE THAT AS WELL TOO.

BUT AGAIN, WE JUST WANNA SEE THAT TRANSITION AS, AS THESE ARE BUILT OUT.

SO AGAIN, THANK YOU.

ALRIGHT, ANY FURTHER DISCUSSION AMONG COUNCIL MEMBERS? HOW, HOW FAR UH, HOW FAR OUT ARE WE WANTING TO DEFER THIS ITEM? DO WE HAVE AN IDEA OF, I MEAN, I THINK WE, SOMETIMES WE PUT A DATE CERTAIN ON IT.

SOMETIMES WE SAY WE'RE GONNA DEFER IT UNTIL THESE THINGS ARE ADDRESSED AND WE BRING IT BACK.

UM, I, I THINK SOONER RATHER THAN LATER, I DON'T, I, I DO NOT WANT THIS TO BE ONE OF THOSE THINGS WHERE WE SAY ALL THESE NICE WORDS AND THEN WE QUIT TALKING ABOUT IT AND DON'T BRING IT BACK.

SO I THINK A MONTH OR TWO, YOU KNOW, TO GIVE US A PLAN FOR THE BUDGET.

UM, AND I SPOKE WITH MR. PAYNE AND HE SEEMS AMENABLE TO THAT.

UM, WHEN AND WHEN WE TALKED PREVIOUSLY.

IS THAT STILL CORRECT? WELL, AS I'VE SAID, THIS IS NOT PRACTICAL IF Y'ALL DON'T HAVE, SO IT'S NOT GONNA GO FORWARD.

SO Y'ALL, I THINK WE ALL NEED TO KNOW WHAT, WHAT A CALL STORY.

YEP.

YEP.

TOMMY, IS THAT A, IS THAT A PROPER AMOUNT OF TIME? YES, 30 DAYS.

YES.

I THINK WE COULD BRING IT BACK IN IN MAY, AND I MAY, WHY DON'T SAY IT LIKE THAT MAY AND LEAVE IT.

I'LL SAY MAY IT'LL BE FIRST OR SECOND MEETING, IF THAT'S OKAY WITH THE MAYOR AND COUNCIL.

I THINK THAT'S A GOOD IDEA.

OH, MR. PAYNE, I'D APPRECIATE THAT.

YEAH.

I ALSO JUST CAN'T MOVE FORWARD WITHOUT STATING, YOU KNOW, MR. PAYNE, YOU DO PROVIDE A QUALITY PRODUCT.

THE FIRST HOME MY HUSBAND AND I BUILT WAS ONE OF YOUR HOMES AND, AND WE LOVED LIVING THERE.

[01:10:01]

AND, UM, YOUR NEIGHBORHOODS ARE WONDERFUL.

HOWEVER, I THINK WE NEED TO BE CAREFUL SAYING, WE TRUST, WE TRUST YOU BECAUSE WE KNOW YOUR PRODUCT.

SO WE'RE GONNA GIVE YOU A BLANKET SF THREE, UM, KNOWING YOU WILL DO SF TWO AND, AND A GOOD MIXTURE OF THINGS.

UM, WHEN WE HAVE OTHER DEVELOPERS THAT WE'RE NOT ALLOWING THAT WITH, I THINK WE HAVE TO HAVE A LEVEL PLAYING FIELD, AND WE CAN'T PICK WINNERS AND LOSERS JUST BASED ON THE FACT THAT THEY PROVIDE A GOOD PRODUCT AND THEY GIVE US THEIR WORD.

UM, I THINK IT SETS A PRECEDENT FOR THESE OTHER DEVELOPERS TO COME IN AND SAY, WELL, YOU'VE, YOU'VE DONE IT FOR MARK PAYNE, YOU NEED TO DO THE SAME FOR US.

AND I THINK THAT'S AN INTERESTING SITUATION THAT WE WILL FIND OURSELVES IN.

IF WE DON'T LOOK AT SOMEHOW, UM, BRINGING SOME ACCOUNTABILITY INTO THE SF TWO, THAT WILL BE A MIXTURE OF THIS DEVELOPMENT.

SO WITH THAT POINT IN MIND, CAN STAFF ALSO SO LOOK AT THE DRAINAGE, LOOK AT THE ROADWAY.

ALSO, LOOK AT THE WAY THAT OUR SF THREE TO SF TWO, WE OBLIGATE BASED ON OUR ZONING, WE OBLIGATE THE LOT WITH.

AND SO IN SOME WAYS OUR ZONING ORDINANCE IS, IS CHANGING PRICE ON DEVELOPERS AND NOT ALLOWING THEM SOME LATITUDE TO MAKE GOOD DECISIONS.

SO CAN YOU ALSO EVALUATE IF WE HAVE ANOTHER CREATIVE SOLUTION THAT ALLOWS THEM TO HAVE THIS DIVERSIFIED PRODUCT THAT HE'S ALREADY DEMONSTRATED HE WILL DO.

CAN WE CODIFY THAT IN SOME WAY? UM, AND MAYBE IT IS A PLANNED DEVELOPMENT, MAYBE IT'S SOMETHING ELSE, BUT I DON'T WANT TO SEE US AS THE CITY GOVERNMENT, EVEN IN SOME OF THESE OTHER DEVELOPERS THAT WE'VE TALKED ABOUT.

I THINK THEY STILL NEED TO HAVE THE OPPORTUNITY TO HAVE THE NARROWER LOT WITH, TO BUILD SOME BIGGER HOMES, UM, BECAUSE WE CANNOT, AS A CITY LEADERSHIP, BE DRIVING UP THE COST ON THESE LOTS BECAUSE OF THE WAY THAT OUR ZONING ORDINANCE IS SET UP.

SO IF YOU WOULD, IF YOU WOULD, IN, IN THIS DEFERRAL PROCESS, IF THOSE COULD BE OUR CHARGES TO STAFF TO HELP US THINK THROUGH THAT, I THINK IT WOULD BE GOOD.

I WOULD JUST BRING A LITTLE CLARITY.

I THINK WHAT, WHAT WOULD REALLY HELP ME AND WITH MR. PAYNE'S HELP WOULD, WOULD BE KIND OF JUST A MINIMUM AND A MAXIMUM NUMBER OF HOMES THAT WE'RE LOOKING AT.

UM, SO WE, WE DON'T WANT TO BUILD ALL OF THESE LOTS TO AN SF THREE SPECIFICATION.

UM, BUT WHAT, BUT WHAT DOES THAT MEAN? I, I WANT TO GIVE YOU THE FLEXIBILITY, BUT, BUT WE KIND OF NEED A RANGE SO WE CAN PLAN STREETS AND SEWERS AND WATER, UM, AND EVERYTHING ELSE.

SO I, I THINK JUST GIVING US A, A THE TIGHTEST RANGE THAT YOU COULD, UM, NOT TO EXCEED AND NOT TO TO BE BELOW, UM, THAT WOULD AT LEAST ALLOW US TO HAVE THOSE CONVERSATIONS ABOUT WHAT, UM, THE, A STREET IMPACT WOULD BE.

THE MOCKINGBIRD IMPACT WOULD BE IN THE GARFIELD IMPACT WOULD BE, UM, THAT WOULD GIVE US A NICE, UM, AT LEAST A LITTLE BIT OF DATA TO START WORKING FROM AND, AND WORKING THROUGH HOW THAT LOOKS.

I ALSO THINK IT GIVES US A BASELINE TO TAKE SOME, SOME OF THESE OTHER DEVELOPERS THAT WE WANT TO DO A BETTER PRODUCT AND SAY, THIS IS HOW WE, WE WANT YOU TO ACCOMPLISH WHAT WE'RE ASKING.

SO I THINK WITH, I HOPE THOUGH THE COMMUNITY THOUGH, HERE'S WHEN THEY HEAR SMALLER LOT SIZE AND THEY'RE LIKE, WELL THEN WHY WOULD YOU NOT APPROVE THIS? THIS IS EXACTLY WHAT YOU'RE SAYING.

SO I THINK THERE COULD BE SOME CONFUSION, BUT I WANNA MAKE SURE WITH OUR INFRASTRUCTURE AND OUR ROADS, AGAIN, I KNOW I'VE HIT THAT HOME AGAIN WITH THE RIGHT OF WAY AND THINGS LIKE THAT.

I WANNA MAKE SURE WE HAVE THE RIGHT OF WAY BEFORE WE GO FORWARD WITH THIS, BECAUSE I AM HAVING EXTREME DENSITY ISSUES IN DISTRICT FOUR, AND I COULD BRING A HUNDRED PEOPLE TO COME SPEAK, BUT I'M HAVING DENSITY ISSUES AND OUR INFRASTRUCTURE IS NOT KEEPING UP.

AND SO I DON'T WANNA BE BEHIND THAT.

SO I HEAR WHAT YOU'RE SAYING, AND THERE, THERE'S A BALANCE, BUT UNFORTUNATELY WE TILTED IT TOO FAR AND WE'VE GOT TO FOCUS ON OUR INFRASTRUCTURE AS WELL, AND CAN IN AND HOLD HANDS, MAKING THE ACCOUNTS, LIKE YOU SAID, WE'VE GOTTA FIX SOME THINGS AND WORK TOGETHER.

AND JUST FOR SAKE OF CLARITY AND JUST BEING STRAIGHTFORWARD WITH THE COUNCIL AND THE PUBLIC, WE WILL UTILIZE ANY MUNICIPAL INSTRUMENT, FINANCIAL INSTRUMENT THAT IS NECESSARY IN ORDER TO ACHIEVE ALL THESE OBJECTIVES THAT Y'ALL LAID OUT.

OKAY.

WELL, WITH THAT, ANY OTHER? YES, SIR.

I WOULD LIKE TO MAKE ONE PROCEDURAL RECOMMENDATION THAT, THAT WHEN THIS IS BROUGHT BACK, THAT IT ACTUALLY BROUGHT BACK AS TWO ITEMS. AS, AS COUNCILMAN POOL SUGGESTED, IT'LL HAVE TO GO THROUGH P AND Z AGAIN, BUT I DON'T THINK THAT SHOULD BE A, AN ISSUE FOR THE STATED TIMELINE.

UH, AS LONG AS WE GET THE NOTICES OUT RELATIVELY QUICKLY.

SO, SO YOU'RE COMFORTABLE WITH THE SECOND MEETING IN MAY GIVEN THE P AND Z? IF WE GET THE P IF WE GET THE NOTICES OUT, WE SHOULD BE ABLE TO MAKE THAT DEADLINE.

OKAY.

WELL, AND NICK, JUST TO KIND OF REITERATE WHAT YOU WERE SAYING THERE, I MEAN, WE WERE REALLY CLOSE AT 19, WHAT WAS THAT, 19.56%? SO I MEAN, ONE MORE PERSON IT LOOKS LIKE COULD BE OVER THE THRESHOLD, WHICH WOULD CREATE A PROBLEM.

YES.

SO, UM, BREAKING THAT INTO TWO DIFFERENT PIECES WOULD ELIMINATE THAT, WHERE IT, IT WOULDN'T BE SUCH SUCH A PROBLEM.

EXACTLY.

I THINK, I THINK, UM, MY STAFF JUST REMINDED ME OF ME FOLLOWING MY OWN DIRECTION TO THEM ABOUT UNDER PROMISING, OVER DELIVERING, UH, I THINK THE FIRST MEETING IN JUNE MIGHT WORK BETTER GIVEN THE FACT THAT THE NOTICES WOULD'VE TO BE SENT OUT NEXT WEEK ON THE P AND Z.

AND WE'RE GONNA NEED MORE TIME THAN THAT TO SPEAK TO MR. PAYNE AND MEET ALL THE OBJECTIVES.

SO IF WE CAN MOVE THAT TO THE FIRST MEETING IN JUNE, NO LATER THAN, CAN YOU LIVE WITH THAT MR. PAYNE? SURE.

OKAY.

[01:15:02]

ALRIGHT.

WELL, PRODUCTIVE DISCUSSION.

THANKS FOR FORCING OUR HAND A LITTLE BIT ON THIS.

ACTUALLY.

I THINK THIS IS, THIS IS SOMETHING THAT NEEDS TO BE DONE AND THIS IS THE WAY TO GET IT DONE.

SO THANK YOU.

UM, ALRIGHT, SO I'LL LOOK FOR ACTION FROM COUNCIL.

I MAKE A MOTION TO DEFER.

WE HAVE A MOTION TO DEFER TO, TO JUNE FOR THAT FIRST MEETING.

FIRST MEETING IN JUNE.

WE HAVE A SECOND FROM COUNCILMAN STUBBS.

ANY FURTHER DISCUSSION? IF NOT, LET'S VOTE TO DEFER TO THE FIRST MEETING IN JUNE.

THE MOTION TO DEFER TO THE FIRST MEETING IN JUNE PASSES UNANIMOUSLY.

THANK YOU VERY MUCH.

AS WE PREVIOUSLY

[32. 10751 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOTS 1 THROUGH 4, BLOCK 45, COWDEN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTH BIG SPRING STREET AND LIDDON AVENUE), 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: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

DISCUSSED, WE ARE NOT TAKING UP ITEM 30 AND 31, SO WE'LL MOVE FORWARD TO ITEM NUMBER 32, PLEASE.

IN ORANGEMAN, THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND, TWO GRAND PACIFIC USE DESIGNATION WITH TURN FOR LOT ONE THROUGH FOUR, BLOCK 45 CA CALDEN.

ADDITION CITY AND COUNTY MIDLAND, TEXAS GENERAL, LOCATED THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTH BIG SPRING STREET AND LYDEN AVENUE, WHICH IS PRESENTLY ZONE RR REGIONAL RETAIL DISTRICT, ALLOWING SET PROPERTY TO BE USED FOR A SALE OF ALL ALCOHOL BEVERAGES IN A RESTAURANT FOR AN ON-PREMISES CONCEPTION MAKING SET DESIGNATION, SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINING ADHERENT CONTAINING COMMUTATIVE CLAUSE CONTAINING A SAVING AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY FINE OF $2,000 IN ORDERING PUBLICATION.

THANK YOU.

GOOD MORNING.

THIS IS A SPECIFIC USE DESIGNATION, UM, FOR CRUDE FOOD TO ALLOW FOR THE SALE OF ALCOHOL AND CONSUMPTION OF ALCOHOL AT THE RESTAURANT.

THIS IS AN EXISTING RESTAURANT AT 1809 BIG SPRING STREET.

THEY DO NOT CURRENTLY SELL ALCOHOL.

SO THIS IS, UM, A NEW, UM, REQUEST WITH A NEW SUD.

HERE'S A, JUST A QUICK LOOK AT THE LAYOUT OF THE RESTAURANT AND THE HOURS OF OPERATION WOULD MATCH THE, THE SALES OF ALCOHOL MONDAY THROUGH SUNDAY, 11:00 AM TO 12:00 AM UM, THE ZONING DOES ALLOW FOR IT.

WE DID NOT RECEIVE ANY OBJECTIONS.

UM, AND WE DO RECOMMEND APPROVAL OF THE REQUEST.

OKAY, SO WE HAVE, UM, HER PRESENTATION THAT THIS IS A PUBLIC HEARING.

WE DON'T HAVE ANY REQUESTS TO SPEAK, SO I'LL OPEN AND CLOSE THE PUBLIC HEARING.

IS THERE ANY QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS TO STAFF? SEEING NONE, I'LL LOOK FOR YOUR ACTION.

YOU HAVE A MOTION FROM COUNCILMAN STUBBS AND A SECOND FROM COUNCIL MEMBER HOLDER.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION PASSES UNANIMOUSLY.

THANK YOU.

ITEM 33,

[33. 10752 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 3,800-SQUARE FOOT PORTION OF LOT 6A, BLOCK 2, AMARON ADDITION, SECTION 6, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF RANKIN HIGHWAY, APPROXIMATELY 250 FEET NORTH OF CRUMP STREET), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT DISTRICT FOR A SHOPPING CENTER, 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: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

PLEASE.

AN ORANGE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANITE SPECIFIC USED DESIGNATIONS WITH THE TERM FOR A 3,800 SQUARE FOOT PORTION OF LOT SIX A BLOCK TWO EMERIN ADDITION SECTION SIX, CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED ON THE WEST SIDE OF RANKIN HIGHWAY, APPROXIMATELY 250 FEET NORTH OF CRUMP STREET, WHICH IS PRESENTLY ZONED PED PLAN DEVELOPMENT DISTRICT FOR A SHOPPING CENTER, ALLOWING SET PROPERTY TO BE USED FOR A SALE OF ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON-PREMISES CONCEPTION MAKING SET DESIGNATION, SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINING IN HEARING CONTAINING COMPUTATIVE CLAUSE CONTAINING A SAVING AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 IN ORDERING PUBLICATION.

THIS IS ALSO A SPECIFIC USE DESIGNATION, UM, FOR THE SALE AND ONSITE CONSUMPTION OF ALCOHOL AT A RESTAURANT CALLED TACOS WAY.

THIS IS AN EXISTING RESTAURANT THAT WAS PREVIOUSLY LOCATED AT 900 BIG SPRING AND IS NOW MOVING TO 2212 RANKIN.

UM, SO THAT MOVE IN LOCATION IS WHAT NE NECESSITATES COMING FORWARD FOR A NEW SUD.

UM, HERE'S A LOOK AT THE LAYOUT OF THE RESTAURANT.

UM, THE REQUESTED HOURS OF, UM, SALE FOR ALCOHOL MATCHED THE HOURS OF OPERATION MONDAY THROUGH THURSDAY, 11:00 AM TO 10:00 PM AND FRIDAY THROUGH SATURDAY, 11:00 AM TO 11:00 PM AGAIN, ZONING ALLOWS FOR THIS USE.

UM, WE DID NOT RECEIVE ANY OBJECTIONS THROUGH THE PUBLIC NOTICE PROCESS, AND WE DO RECOMMEND ACCRUAL.

SO IF A, IF A RESTAURANT MOVES ITS LOCATION, THEY HAVE TO, HUH? IT'S TIED TO THE LAND.

I THOUGHT IT WAS TIED TO THE BUSINESS, NOT TO THE LOCATION.

IT'S TIED TO THE, TO THE LAND AND, AND ALSO TO THE SITE PLAN.

SO IF THERE'S A CHANGE IN THE SITE PLAN THAT ALSO NECESSITATES AN AMENDMENT TO THE SUD.

OKAY.

ANY FURTHER QUESTIONS? ALL RIGHT, THIS IS A PUBLIC HEARING.

UH, WE'LL OPEN THE PUBLIC HEARING.

WE HAVE NO REQUEST TO SPEAK, SO I'LL CLOSE THE PUBLIC HEARING.

IF THERE'S NO FURTHER DISCUSSION AMONG COUNCIL, THEN I'LL LOOK FOR YOUR ACTION.

WE HAVE A MOTION FROM COUNCILWOMAN BURKES AND A SECOND FROM COUNCIL MEMBER BERKHOLDER.

IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE ONE MOMENT.

TIME.

[01:20:02]

UM, WOULD YOU LIKE TO TAKE HANDBOOK? SURE.

ALL IN FAVOR? AYE.

AYE.

ANY OPPOSED THERE? NONE.

MOTION CARRIES.

THANK YOU.

ALRIGHT,

[34. 2026-044 - RESOLUTION APPROVING THE ISSUANCE OF AN ORDER FINDING THE SINGLE-FAMILY RESIDENCE ON LOT 9, BLOCK 136, SOUTHERN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT 301 SOUTH JEFFERSON STREET, MIDLAND, TEXAS 79701) TO BE A SUBSTANDARD BUILDING AND ORDERING THE OWNER(S) OF SAID BUILDING AND LIENHOLDER(S) AND MORTGAGEE(S) HAVING AN INTEREST IN SAID BUILDING, IF ANY, TO TAKE ABATEMENT ACTION AS SPECIFIED IN THE ORDER, AND, IF SAID ABATEMENT ACTION IS NOT TAKEN, AUTHORIZING THE CITY OF MIDLAND TO TAKE ABATEMENT ACTION (DEFERRED FROM MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (SET THE STANDARD FOR A SAFE AND SECURE CITY)]

WE WILL MOVE FORWARD TO MISCELLANEOUS ITEM NUMBER 34.

A RESOLUTION APPROVING THE ISSUANCE OF AN ORDER FINDING THE SINGLE FAMILY RESIDENCE ON BLOCK NINE, BLOCK 1 36 SOUTHERN EDITION CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED AT 3 0 1 SOUTH JEFFERSON STREET, MIDLAND, TEXAS 7 9 7 0 1 TO BE A SUBSTANDARD BUILDING AND ORDERING THE OWNERS OF SAID BUILDING AND LIEN HOLDERS AND MORTGAGE MORTGAGEES HAVING AN INTEREST IN SAID BUILDING, IF ANY, TO TAKE ABATEMENT ACTION AS SPECIFIED IN THE ORDER.

AND IF SAID, ABATEMENT ACTION IS NOT TAKEN AUTHORIZING THE CITY OF MIDLAND TO TAKE ABATEMENT ACTION DEFERRED FROM MARCH 24TH, 2026.

CORRECT.

SO THIS IS THE THIRD TIME COUNSEL HAS SEEN THIS PARTICULAR PROPERTY.

UM, JUST A REMINDER, IT'S LOCATED AT 3 0 1 SOUTH JEFFERSON STREET.

THIS IS A LOOK AT THE CURRENT CONDITION OF THE PROPERTY.

IT IS VACANT AND HAS BEEN, UM, FOR SEVERAL YEARS, SINCE AT LEAST 2015.

WE HAVE PRIORITIZED THIS PROPERTY, UM, TO EITHER, UM, ADDRESS THROUGH THE PROPERTY OWNER TO ABATE THE PROPERTY BECAUSE OF THE NUMBER OF CODE ENFORCEMENT, UM, AS WELL AS CALLS TO PD THAT WE'VE RECEIVED FROM IT.

AND ALSO IMPORTANTLY, AGAIN, IT IS A VACANT PROPERTY.

UM, WE DO PRIORITIZE VACANT PROPERTIES WHEN WE'RE LOOKING AT THESE.

UM, WE, SINCE WE LAST SPOKE, UH, THE COUNCIL DID ASK, UM, CITY STAFF IF THERE COULD BE AN EXTENDED PERIOD OF TIME.

TYPICALLY, WE ALLOW THE PROPERTY OWNER 30 DAYS FROM THE DATE THAT COUNCIL, UM, APPROVES THE ORDER TO ABATE, MEANING REPAIR OR DEMOLISH.

THE PROPERTY COUNCIL ASKED US TO LOOK AT 90 DAYS BASED ON THE FEEDBACK THE PROPERTY OWNER GAVE.

SO IF YOU DO APPROVE THIS TODAY, THE ORDER GIVES THE PROPERTY OWNER 90 DAYS TO DO THAT AFTER WHICH TIME THE CITY CAN TAKE ACTION.

I WANT TO HIGHLIGHT, UM, JUST IN TERMS OF PROCESS, UM, WE HAVE SPENT IN EXCESS OF 90 DAYS, UM, TO 120 DAYS AT LEAST, UM, MAKING CONTACT WITH THE VARIOUS PROPERTY OWNERS BEFORE YOU EVER SEE ONE OF THESE COME TO YOU.

SO I JUST WANNA BE VERY CLEAR THAT WE DO A LOT OF DUE DILIGENCE BEFORE WE BRING THESE FORWARD.

IT'S NOT A SUDDEN, UM, THING THAT HAPPENS.

THERE'S A LOT OF BACK AND FORTH WITH A PROPERTY OWNER THAT OCCURS SINCE OUR LAST COUNSEL MEETING.

WE MADE SEVERAL ATTEMPTS TO REACH OUT TO THE PROPERTY OWNER.

WE WERE UNABLE TO MAKE CONTACT, UM, BUT WE DID HEAR WHAT HE SAID LAST TIME THAT HE NEEDED MORE TIME.

AND SO, AGAIN, IF COUNSEL APPROVES, THIS WOULD ALLOW FOR 90 RATHER THAN 30 DAYS FOR THE PROPERTY OWNER TO ADDRESS THE SITUATION.

ONE THING I WOULD ALSO LIKE TO ADD IS THAT IF THE COUNCIL DOES CHOOSE TO ALLOW THE PROPERTY OWNER MORTGAGES OR LIEN HOLDERS MORE THAN 30 DAYS, THERE ARE TWO ADDITIONAL REQUIREMENTS ASSOCIATED WITH THAT ORDER.

THE FIRST ONE IS THAT THE TIME SCHEDULE HAS TO BE ESTABLISHED, WHICH IS INCLUDED IN THE CURRENT ORDER BEFORE YOU ALL.

IT'S VERY BASIC.

HE MUST COMMENCE THE WORK, THE DEMOLITION WORK BEFORE THE FIRST 30 DAYS HAS ELAPSED, AND HE MUST FINISH IT BEFORE THE 90TH DAY.

THE, THE BIG ONE IS GOING TO BE THAT THE, THE, THE PROPERTY OWNER MUST SECURE THE, THE PROPERTY ITSELF FROM ANY UNAUTHORIZED ENTRY, UH, BEARING THE COST OF WHATEVER IT TAKES TO SECURE THAT PROPERTY.

IN THIS CASE, LOOKING AT THE STRUCTURE, THAT'S PROBABLY GOING TO ENTAIL SOMETHING LIKE A CHAIN LINK FENCE BECAUSE THIS STRUCTURE CANNOT BE BOARDED UP IN ITS PRESENT CONDITION.

SO THOSE WILL BE TWO ITEMS THAT THE ORDER DOES REQUIRE THAT WILL BE REQUIRED OF THE MORTGAGE E LIEN HOLDER AND PROPERTY OWNERS.

UH, SO I WANT THE COUNSEL TO BE AWARE OF THAT.

WHAT'S THE TIMELINE ON HAVING THE, HAVING IT SECURED? IS THAT 30 DAYS? DOES HE HAVE TO HAVE IT SECURED WITHIN 30 DAYS OF NOTICE? IT HAS TO BE SECURED FOR THE ENTIRE TIME THAT THE WORK IS BEING PERFORMED.

OKAY.

WORK PERFORMED.

OKAY.

SO, SO IF HE'S NON-COMPLIANT WITH PUTTING THAT UP, WHERE DOES THAT PUT US? SO DO WE GO AHEAD AND, AND START THE DEMOLITION AT THAT POINT IN TIME WITH SOME TYPE OF ISSUANCE OF A NOTICE OR, OR HOW DOES THAT WORK? A A AFTER THE, THE, THE, UH, THE, THE TIME THAT GOES BY, WHICH, YOU KNOW, IF HE HASN'T COMPLETED THE WORK WITHIN 90 DAYS, THEN YES, IT, WELL, I'M TALKING ABOUT THE FENCING, THE, THE SECURE STRUCTURE.

IF, IF HE DOES NOT PUT UP SECURE STRUCTURE AFTER WE ISSUE THIS, WHAT IS THE TIMEFRAME TO WHERE HE HAS TO GET THAT DONE? AND IF HE DOES NOT GET THAT DONE, DO WE JUST COMMENCE DEMOLITION AT THAT POINT IN TIME? THE ORDER DOESN'T PROVIDE FOR OUR ABILITY TO JUST GO AHEAD AND, AND SPEED THAT UP IF, IF THE BUILDING IS NOT SECURED, THE BUILDING DOES HAVE TO BE SECURED.

AND I IMAGINE THAT AT THAT POINT IN TIME, A LOT OF IT WILL JUST BE CON UH, IT'LL BE COMMUNICATING WITH THE, WITH ATLANTA, BUT, BUT THE CODE DOESN'T ALLOW US TO LEEWAY TO GO AHEAD AND TAKE OVER EARLIER THAN THE 90 DAY PERIOD.

SO THERE'S NOT, THERE'S NO TEETH TO SAYING THAT HE HAS TO HAVE THE, I MEAN, IS THAT WHAT WE'RE SAYING HERE? WE'RE, WE'RE WE'RE SAYING THAT THERE'S NO MECHANISM FOR THE CITY TO GO AHEAD AND JUMP AHEAD OF THAT 90 DAYS AND START THE WORK ON, ON ITS OWN.

OKAY.

YOU KNOW, I THINK AS WE'VE TALKED ABOUT ON THESE MANY TIMES BEFORE, WE WANT TO HAVE AN APPROPRIATE BALANCE OF SECURING THESE KINDS OF STRUCTURES FOR THE NEIGHBORS THAT ARE AROUND IT AND THE ISSUES THAT WE KNOW THAT

[01:25:01]

THESE SORTS OF PROPERTIES HAVE, BUT ALSO UPHOLDING PRIVATE PROPERTY RIGHTS AND NOT MOVING IN TOO QUICKLY.

AND, AND SO, I MEAN, AS YOU SAID, THIS IS THE THIRD TIME WE'VE SEEN THIS PARTICULAR ITEM.

WE'VE DEFERRED IT EACH OF THOSE TIMES.

UH, I, I JUST, I FEEL LIKE WE DON'T WANT TO MAKE OUR PROCESS SO CUMBERSOME THAT IT'S INEFFECTIVE.

YEAH.

AND I, I THINK THAT WE'RE VERGING ON THAT WITH THIS ONE.

I'M A LITTLE FRUSTRATED THAT HE REQUESTED THIS AND THEN DIDN'T CALL US BACK, DIDN'T COME TO THE MEETING.

SO THAT WAS GONNA BE MY CONCERN AS WELL.

YEAH.

THAT YOU'VE NOT BEEN ABLE TO REACH HIM, WHICH MEANS THAT, HAS THERE BEEN ANY WORK OR ANY GOOD FAITH ON HAVING IT TAKEN CARE OF? UM, ONE COMMENT I WANTED TO MAKE WAS, I DID NOTICE THAT THE TIMES THAT PEOPLE CAME IN, I, I DON'T KNOW IF YOU'RE EXPLAINING THIS TO 'EM OR NOT, THERE MIGHT BE A LEGAL REASON NOT TO DO THAT, BUT THEY DID ALL SEEM CONFUSED ABOUT HOW A LIEN WORKED AND HOW THE LIEN PROCESS WORKED.

DO Y'ALL WALK THEM THROUGH THAT? YEP.

SO WE, UM, SINCE THE LAST COUNCIL MEETING IT, THE PRO, IT WAS VERY CLEAR THAT COUNSEL WANTS A LIEN PLACED ON THESE.

SO YES, AS WE'RE MEETING WITH PROPERTY OWNERS, WE'RE CONVEYING HOW A LIEN WORKS.

UM, EXPLAINING THE BENEFIT OF WORKING WITH THE CITY HERE, UM, IS EITHER IT'S LESS EXPENSIVE TO TAKE DOWN ON YOUR OWN OR WORK WITH US, UM, TO HELP YOU DO THAT.

AND THEN YOU'RE NOT OUT ANY MONEY UNTIL YOU SELL THE PROPERTY AND EVEN THEN IT'S JUST COMES OFF THE PROCEEDS OF THE SALE.

YEAH.

IT SOUNDS LIKE YOU'D HAVE TO OWN A CONSTRUCTION COMPANY FOR IT TO BE ECONOMICALLY VIABLE TO BEAT THE CITY.

SO YEAH, AND MAYOR AND COUNSEL, WHEN I SPOKE TO HIM AT THE LAST MEETING, UH, IT WAS, IT WAS BRIEF AND I EXPLAINED THE PROCESS AT THAT POINT, I WANTED TO GO INTO DETAIL.

MM-HMM .

LET HIM HAVE, ASK QUESTIONS AND EVERYTHING, BUT OF COURSE WE COULDN'T GET IN IN TOUCH WITH HIM.

I TRIED HIM TWO TIMES MYSELF AND I'M SURE STAFF, UH, TRIED HIM AS WELL.

I ASKED MORRIS TO DO THAT BECAUSE OF THE CONCERN COUNSEL HAD.

AGAIN, THESE PROPERTIES HAVE BEEN IN THIS CONDITION FOR YEARS, SOME DECADES.

AND SO ABSOLUTELY PART OF THE, WHAT THE COUNCIL HAS HEARD FROM THE COMMUNITY, LET'S, LET'S CLEAN UP OUR CITY.

LET'S LOOK AT THE DIFFERENT WAYS TO DO THAT, AS THE MAYOR POINTED OUT, DO IT SAFELY, DO IT ORDERLY EFFICIENTLY, AND WE HAVE DONE THAT.

UM, SO YEAH, THAT'S WHAT WE HAVE IN FRONT OF YOU.

I, I THINK THERE IS SOME UNDERSTANDING FROM, I DON'T WANNA SPEAK FOR HIM SINCE HE'S NOT HERE, BUT I DO THINK THAT HE WALKED AWAY WITH SOME UNDERSTANDING.

I WOULD'VE LIKED TO HAVE HAD THAT CONVERSATION AND TO TIE IT UP WITH A BOW, BUT IT DIDN'T HAPPEN.

SO, YOU KNOW, IT IS WHAT IT IS.

OKAY.

MY CONCERN IS THE AMOUNT OF STAFF TIME AND THEN IF WE HAVE A HUNDRED BUILDINGS WE NEED TO TACKLE AT THIS RATE, WE'RE, I MEAN, YEAH.

SO I, I AM ALMOST HIT THE POINT WHERE I'D LIKE TO JUST, I DON'T KNOW WHAT IT TO GO BACK, BUT TWO 30 DAYS, JUST KEEP AT 30 AND JUST THAT CAN BE ACCOMPLISHED WITH JUST A SIMPLE AMENDMENT TODAY.

WE DON'T HAVE TO COME BACK FOR ANOTHER, FOR AT ANOTHER MEETING THAT CAN JUST BE DONE TO APPROVE, EXCEPT WITH THE EXCEPTION THAT, THAT THE 30 DAY TIMELINE APPLY TO THE ORDER RATHER THAN THE 90 DAY DEADLINE.

I'M SUPPORTIVE OF THAT.

I'M GOOD WITH THAT.

IS THIS ONE OF THE PROPERTIES THAT'S GOT AN INFLUX OF POLICE CALLS? YES.

OKAY.

THOSE, THOSE ARE THE ONES WE'RE TARGETING FIRST.

MM-HMM .

AS SHE, AS SHE MENTIONED, THE ONES THAT ARE VACANT AND WHERE WE'RE GETTING POLICE CALLS AS WELL.

THAT WAY WE HAVE MORE TO SPEAK FROM.

IT'S IN TERMS OF WHY WE'RE BRINGING IT FORWARD.

AND JUST FOR Y'ALL TO KNOW THE BIG PICTURE WE'RE AT AROUND 20 THAT WE'VE DONE.

YOU'RE RIGHT, IT'S OVER A HUNDRED.

WE'VE DONE AROUND 20 SO FAR.

OKAY.

WELL, WITH THAT, DO WE HAVE ACTION FROM COUNSEL? I'LL MOVE TO AMEND THE TIMEFRAME FROM 90 DAYS TO 30 DAYS.

I'LL SECOND.

SO WE HAVE A MOVE TO APPROVE WITH AN AMENDMENT OF THE TIMEFRAME FROM 30 DAYS TO, OR 90 DAYS TO 30 DAYS FROM COUNCILMAN LADD AND A SECOND FROM COUNCILMAN BERKHOLDER.

IS THERE ANY FURTHER DISCUSSION? SEEING NONE, LET'S VOTE THE MOTION TO AMEND PASSES UNANIMOUSLY.

THANK YOU.

ITEM 35,

[35. 2026-045 - RESOLUTION APPROVING THE ISSUANCE OF AN ORDER FINDING THE SINGLE-FAMILY RESIDENCE ON LOT 3, BLOCK 23, BELMONT ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT 1604 SOUTH LORAINE STREET, MIDLAND, TEXAS 79701) TO BE A SUBSTANDARD BUILDING AND ORDERING THE OWNER(S) OF SAID BUILDING AND LIENHOLDER(S) AND MORTGAGEE(S) HAVING AN INTEREST IN SAID BUILDING, IF ANY, TO TAKE ABATEMENT ACTION AS SPECIFIED IN THE ORDER, AND, IF SAID ABATEMENT ACTION IS NOT TAKEN, AUTHORIZING THE CITY OF MIDLAND TO TAKE ABATEMENT ACTION (DEFERRED FROM MARCH 24, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (SET THE STANDARD FOR A SAFE AND SECURE CITY)]

PLEASE.

I'M SORRY.

YES, THAT'S RIGHT.

35 RESOLUTION APPROVING THE ISSUANCE OF AN ORDER FINDING THE SINGLE FAMILY RESIDENCE ON LOT THREE BLOCK 23 BELMONT EDITION, CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED AT 1604 SOUTH LORRAINE STREET, MIDLAND, TEXAS 7 9 7 0 1 TO BE A SUBSTANDARD BUILDING AND ORDERING THE OWNERS OF SAID BUILDING AND LIEN HOLDERS IN MORTGAGES, HAVING AN INTEREST IN SAID BUILDING, IF ANY, TO TAKE ABATEMENT ACTIONS AS SPECIFIED IN THE ORDER AND IF SAID ABATEMENT ACTION IS NOT TAKEN, AUTHORIZING THE CITY OF MIDLAND TO TAKE ABATEMENT ACTION, WHICH IS DEFERRED FROM MARCH 24TH, 2026.

UM, SO THIS PROPERTY IS LOCATED AT 1604 SOUTH LORRAINE, I'LL JUST REFER YOU BACK TO THE MAP AGAIN.

UM, YOU CAN SEE WE'VE PRIORITIZED THIS ONE BECAUSE OF THE NUMBER OF POLICE CALLS, CODE ENFORCEMENT CASES.

IT'S ALSO LOCATED IN CLOSE PROXIMITY TO, UM, FRESHMAN MIDLAND FRESHMAN HIGH SCHOOL.

AND THERE HAVE BEEN SEVERAL INSTANCES WHERE THE SCHOOL HAS CALLED WITH CONCERNS OF, OF KIDS BREAKING IN.

UM, AGAIN, THE PROPERTY IS ABANDONED, SO IT IS VACANT.

UM, THIS IS A LOOK AT THE PROPERTY ITSELF.

UM,

[01:30:03]

AND HERE'S A LOOK AT THAT PROPERTY, UM, SIMILAR TO THE LAST ONE.

IT JUST FOR CONSISTENCY SAKE, UM, THE ITEM ON YOUR AGENDA HAS THAT 90 DAY TIMEFRAME TO ALLOW THE PROPERTY OWNER, UM, TO TAKE ACTION BEFORE THE CITY STEPS IN.

UM, WE DID THAT TO BE CONSISTENT WITH ALL OF THESE MOVING FORWARD.

UM, WELCOME TO AMEND IT IF IF NECESSARY.

I WILL SAY ON THIS ONE, WE'VE HAD A LOT MORE DISCUSSION WITH THE PROPERTY OWNER.

UM, THERE'S A LOT MORE WILLINGNESS TO WORK WITH US.

THE REASON WHY IT'S COMING BEFORE YOU IS BECAUSE THERE'S MORE, UM, THERE'S OTHER INTERESTED, UM, PEOPLE IN IT, SO WE NEED TO BRING THIS FORWARD TO COUNSEL.

HE COULDN'T JUST SIGN A CONSENT FORM, UM, DIDN'T HAVE THE AUTHORITY TO DO THAT.

MEANING OTHER INTERESTED PEOPLE, MEANING THAT THERE ARE MULTIPLE OWNERS, THERE COULD BE MULTIPLE OWNERS OR, OR EARS AND THAT SORT OF THING.

CORRECT.

AND THAT'S VERY DIFFICULT.

A AGAIN, I MENTIONED BEFORE OUR PROCESS, THERE'S A LOT OF BACKGROUND WORK THAT GOES INTO THIS, TRYING TO LOCATE THOSE ERRORS.

SOMETIMES IT, YOU, YOU JUST CAN'T GET AHOLD OF THEM, BUT, AND I'M ASSUMING HE DIDN'T WANT ANY KIND OF EXTENSION.

WE WERE JUST DOING THIS AGAIN TO YES, THAT'S CORRECT.

TO BE CONSISTENT.

THAT'S CORRECT.

ALRIGHT.

ALL RIGHT.

ANY FURTHER DISCUSSION OR QUESTIONS FROM COUNSEL? ALRIGHT, IS THERE ANY ACTION THAT COUNSEL WOULD LIKE TO TAKE? I'LL MAKE A MOTION TO AMEND TO 30, 30 DAYS.

OKAY.

SO TO APPROVE THIS ONE WITH AN AMENDMENT TO MOVE IT TO 30 DAYS, AND WE HAVE A SECOND FROM COUNCILMAN NORMAN.

SO A MOTION FROM COUNCILMAN BERKHOLDER AND A SECOND FROM COUNCILMAN NORMAN.

IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.

THE MOTION TO AMEND PASSES SEVEN TO ZERO.

THANK YOU VERY MUCH.

[PUBLIC COMMENT]

WE WILL MOVE FORWARD NOW TO PUBLIC COMMENT WHERE WE'LL RECEIVE PUBLIC COMMENTS WHERE INDIVIDUALS MAY ADDRESS THE CITY COUNCIL ON CITY RELATED ISSUES AND PROJECTS NOT ON THE PRESENT AGENDA.

ANY DELIBERATION OF OR DECISION BY THE CITY COUNCIL REGARDING THE ITEMS BEING DISCUSSED SHALL BE LIMITED TO A MOTION TO PLACE THE ITEM ON THE AGENDA FOR A SUBSEQUENT MEETING.

WE ASK THAT YOU PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES OR LESS.

I'D LIKE TO START WITH, OH, I'M SORRY.

GO AHEAD.

THANK YOU MAYOR .

WE GOT A LOT GOING ON TODAY.

AT OUR LAST MEETING, THE WORDS UNITY AND RESPECT WERE MENTIONED MANY TIMES, WHICH STRUCK RECORD WITH ME.

WE ARE PART OF A REPRESENTATIVE GOVERNMENT WHERE I AND THE PEOPLE IN THIS DIOCESE ARE ELECTED TO REPRESENT MIDLAND VALUES LEAD AND ACT ON BEHALF OF ALL MIDLAND CITIZENS.

THERE ARE TWO CRITICAL ASPECTS OF OUR GOVERNMENT THAT ARE REPEATEDLY IGNORED, IGNORED DURING OUR CITY COUNCIL AND CITY COUNCIL MEETINGS AND EVENTS.

FIRST, THIS COUNCIL REPRESENTS ALL THE PEOPLE IN MIDLAND.

THE LAW IS CLEAR WHEN CITIZENS MUST BE INVOLVED AND WHEN WE REACH AND, AND THE REACH THE ELECTED OFFICIALS HAVE AND WHERE IT ENDS.

WE HAD FOLLOWED THESE REQUIREMENTS EVERY TIME SINCE I HAVE BEEN ON CITY COUNCIL.

INSINUATION OR ACCUSATIONS OTHERWISE ARE UNJUST, UNTRUE, AND DIVIDE OUR CITY FOR NEGATIVE REASONS.

I WAS ELECTED TO REPRESENT MIDLAND VALUES, WHICH I BELIEVE ARE CHRISTIAN VALUES, GRIT, RESILIENCE, ENTREPRENEURSHIP, INNOVATION, COMMUNITY AND RESPECT.

THIS IS WHAT I STRIVE TO HOLD MYSELF AND OUR CITY AS A WHOLE TOO.

IF THERE ARE SECTIONS OF OUR COMMUNITY THAT CHOOSE TO GO AGAINST THESE VALUES, I FIND IT HARD TO BELIEVE THEY HAVE MIDLAND'S BEST INTERESTS AT HEART.

SECOND, A CRITICAL PART OF THIS SYSTEM IS THAT EVERYONE HAS ONE VOICE.

THE USE OF SOCIAL MEDIA, THIS PODIUM, POLITICAL CONTRIBUTIONS OR OTHER BOAST TACTICS DOES NOT INCREASE YOUR VOICE.

AFTER THE LAST MEETING AT WHICH FALSE ACCUSATIONS LEVIED DIS LEVIED AND DISRUPTIVE OUTBURSTS OCCURRED, ALL OF WHICH DEMONSTRATE A GENERAL LACK OF CIVILITY FOR THE, FOR THESE PROCEEDINGS.

MY ONLY CONCLUSION IS THAT THERE'S A SMALL GROUP OF INDIVIDUAL INDIVIDUALS TRYING TO ENSURE THEIR VOICE IS LOUDER THAN EVERYONE ELSE'S.

I WANT TO SAY TODAY, THIS WILL NOT WORK WITH ME.

EVERYONE GETS ONE VOICE WITH ME AFTER EVERY COUNCIL MEETING.

RECENTLY MANY PEOPLE HAVE REACHED OUT TO ME ASKING THAT I DO MY PART TO ENSURE THESE LOUD VOICES DO NOT OVERSHADOW THE O OTHER VOICES IN MIDLAND WITH ME.

THEY WILL NOT.

THE COLLECTIVE FEEDBACK I'VE RECEIVED IS THIS COUNCIL AND STAFF ARE DOING AN AMAZING JOB FOR THE PEOPLE OF MIDLAND.

I CONDUCTED AN INSERVICE INFORMAL SURVEY THE LAST THREE WEEKS.

THIS INFORMAL SURVEY IS CENTERED ON ASKING WHETHER MIDLANDERS FEEL AS IF THE PEOPLE THAT CONTINUOUSLY OPPOSE ITEMS DURING CITY COUNCIL MEETINGS EVER POST OR SAY ANYTHING POSITIVE ABOUT MIDLAND.

ANYTHING FOCUSED ON BETTERING MIDLAND AS A WHOLE, THE ANSWER IS AN OVERWHELMING NO.

THIS IS NOT UNITY, NOT RESPECT, AND NOT THE VALUES I REPRESENT.

FOR MIDLAND, PROGRESS STARTS WITH UNITY.

UNITY STARTS WITH RESPECT.

[01:35:01]

RESPECT STARTS WITH THE FINDING COMMON GROUND, BEING HONEST, HUMBLE, TREATING OTHERS WITH DIGNITY AND BEING OPEN-MINDED.

ALL TRAITS I PERSONALLY OBSERVED OR I HAVE PERSONALLY OBSERVED THIS COUNCIL HOLDING TRUE THE CITY STAFF, HOLDING TRUE AND ADMITTING MEN, MEN THAT WE INTERACT WITH HOLDING TRUE.

OVER THE PAST FEW MONTHS, MANY COMMENTS MADE ONLINE AT OUR PUBLIC MEETING AND PUBLIC MEETINGS HAVE ATTEMPTED TO DESTROY THE RESPECT, UNITY, AND PROGRESS OF THE CITY IN MANY WAYS, IN MANY OTHER MEETINGS, WE ARE MAKING GREAT PROGRESS WHEN THE CONVERSATION STARTS WITH RESPECT AND SOLUTIONS.

ACTUALLY, WE HAD A GREAT EXAMPLE OF THAT.

TODAY WE'RE MAKING MIDLAND BETTER BY FOLLOWING MIDLAND VALUES.

WE CAN DISAGREE AND ACTUALLY I STRONGLY ENCOURAGE YOU, BUT WE HAVE TO LISTEN TO EACH OTHER, BE OPEN TO COMPROMISE AND BE RESPECTFUL UNTIL EVERYONE'S GOAL IS TO REACH COMMON GROUND, UNDERSTAND OUR SYSTEM OF GOVERNANCE AND FOCUS ON SOLUTIONS.

THERE WILL BE AN OPPORTUNITY FOR ONE SIDE TO DRIVE DISARRAY, WHICH ONLY HURTS MIDLAND.

I PERSONALLY WILL NOT BE ENGAGING IN CONVERSATIONS THAT DO NOT START WITH RESPECT AND FOCUS ON SOLUTIONS.

THIS IS THE MIDLAND I REPRESENT.

THANK YOU.

THANK YOU VERY MUCH FOR YOUR COMMENTS.

AT THIS TIME, I'D LIKE TO INVITE NINO RODRIGUEZ TO COME FORWARD AND MAKE PUBLIC COMMENT.

MAYOR LONG, MY, MY, UM, TIMER WAS NOT WORKING.

IT WAS NOT DISPLAYING THE NAMES EARLIER.

OKAY.

BUT WE DO HAVE THE, THE, UH, PHYSICAL TIME.

OKAY, PERFECT.

THANK YOU.

NINA RODRIGUEZ, UH, DISTRICT TWO RESPECT TO TAXPAYERS.

I DID A POLL TWO OVER 150 PEOPLE SAID, Y'ALL ARE CORRUPT.

WHAT A WEB WE WEAVE.

WELCOME TO THE MIDLAND SEWER.

WHAT MIDLAND TAXPAYERS KEEP GETTING IS THE POLISHED VERSION WHILE THE UGLIEST FACTS GET LEFT OUT.

A RECENT LOCAL WRITEUP FROM A FAKE NEWS REPORTER TRIED TO CLEAN UP THE OPTICS ON LV BROWN'S CHURCH PROJECT, BUT IT LEFT OUT THE FEE WAIVERS RECENT LOCAL WRITEUP, UH, TRIED TO CLEAN UP THE OPTICS AND UH, IT LEFT OUT OVER $50,000 IN WAIVE FEES.

THAT IS NOT A FOOTNOTE.

THAT IS THE STORY THAT IS THE PART PEOPLE WERE MAD ABOUT IN BROWN'S OWN EXPLANATION.

MADE IT WORSE, NOT BETTER.

HE SAID THIS PROJECT WAS BEING PURSUED BEFORE HE EVEN GOT ON THE MDC BOARD.

IF YOU WANTED THAT LAND BEFORE YOU GOT ON THE BOARD, THEN LATER SAT ON THE BOARD WHILE THE PROJECT KEPT MOVING.

PEOPLE ARE GONNA SEE THAT FOR WHAT IT LOOKS LIKE.

BAD OPTICS AT BEST, INSIDER HEALTH AT WORST.

THEN YOU LOOK AT THE WIDER PATTERN.

ROUNDUP'S OWN WEBSITE LISTS.

JOHN NORMAN AS ITS FOUNDER AND EXECUTIVE DIRECTOR SCARBOROUGH FOUNDATION IDENTIFIES DAN HORDE AS BOARD CHAIR.

OMNI'S OWN RELEASE IDENTIFIES DAN HORDE AS PART OF THE LOCAL PARTNER SIDE OF THE HOTEL THROUGH HEADLOCK AND MIDLAND, DOWNTOWN RENAISSANCE.

MAYBE I'M MISSING SOMETHING, BUT THIS IS WHAT REGULAR PEOPLE IN MIDLAND ARE SEEING.

DAN HORDE IS NOT SOME RANDOM BYSTANDER AROUND THIS OMNI DEAL.

OMNI'S OWN RELEASE IDENT IDENTIFIES HIM AS A PARTNER OF THIS INVESTMENT COMPANY.

MRT REPORTED HEADLOCK WAS FOUNDED BY HIM AND JACK HARPER WITH ONE OF HIS INVESTMENTS BEING THE OMNI MIDLAND HOTEL.

AT THE SAME TIME, SCARBOROUGH FOUNDATION SAYS DAN HOR IS BOARD CHAIR.

NOW HERE'S WHERE PEOPLE START RAISING THE EYEBROW.

SCARBOROUGH'S FOUNDATION'S 2025 ANNUAL REPORT SHOWS ROUNDUP INC RECEIVED 2 MILLION PLUS DOLLARS, UH, FROM THEM TO JOHN NORMAN'S, UH, NONPROFIT.

NO WONDER NORMAN DIDN'T SEE A T OF INTEREST WITH WAIVING THE MDC BOARD MEMBERS.

$50,000 FEE THERE.

UH, THERE ARE SOME NAMES MIDLAND RESIDENTS KEEP SEEING AROUND NONPROFIT MONEY, FOUNDATION POWER, HOTEL MONEY AND PUBLIC DECISIONS.

THAT IS WHY PEOPLE THINK THIS CITY RUNS OUR RELATIONSHIPS FIRST AND TRANSPARENCY SECOND.

AND THEN THERE'S AN OMNI DEAL LEGAL PROBLEMS WITH THE TYPE A CORPORATION.

AND THIS IS FOR, UH, NOT FOR A DEAL WITH THE HOTEL, BUT I WANNA GET TO TOMMY, SO I GOTTA HURRY UP.

THE COMPTROLLERS SAYS THE, BASICALLY THIS IS FOR TYPE B PROJECTS.

Y'ALL FUNDED A TYPE A PROJECT THAT'S ILLEGAL AND IT SHOULD BE SHUT DOWN.

TOMMY GONZALEZ MILL'S ORDINANCE SAYS THE CITY MANAGER IS SUPPOSED TO DEVOTE ALL OF HIS WORKING TIME AND ATTENTION TO THE AFFAIRS OF THE CITY.

YET PUBLIC RECORDS ARE REPORTING SHOWING THAT HE CONSULTS IN PECOS AND KERMIT WHILE MILL TAXPAYERS ARE PAYING FULL, FULL-TIME.

CITY MANAGER PECOS IS ALREADY REPORTEDLY PAID HIM OVER $200,000 SINCE 2024 AND KERMAN APPROVED A PROFESSIONAL CONSULTING SERVICE AGREEMENT WITH HIM IN 2025.

SO DOES MIDLAND.

SO DOES MIDLAND'S RULE MEAN WHAT IT SAYS OR IS THERE A RULE ONLY FOR EVERYBODY ELSE? THAT IS A PATTERN.

PEOPLE ARE SICK OF HALF TRUTHS, OVERLAPPING NAMES, PUBLIC MONEY LOWERING PRIVATE RISK, FLEXIBLE RULES FOR THE CONNECTED.

AND IF THERE ARE ANY REAL JOURNALISTS LEFT IN MIDLAND, GET WITH ME AND GET WITH MY FACEBOOK GROUP.

DEFEND MIDLAND.

WE HAVE ARTICLES, WE HAVE RECORDS, WE HAVE PROOF, NOT JUST PRETTY HEADLINES.

WE NEED PEOPLE WILLING TO ACTUALLY DIG INTO THE CITY, THE CONNECTIONS AND WHAT WE WE'VE ALREADY UNCOVERED IN THE LAST FEW MONTHS.

THANK YOU FOR YOUR COMMENT.

SO AT THIS TIME I'D LIKE TO CALL ROBIN CAMPBELL TO COME FORWARD AND MAKE PUBLIC COMMENT.

DO YOU HAVE SOMETHING YOU'D LIKE TO SAY? YEAH, I'D LIKE THE, UH, POINT OF INFORMATION.

UM, YES, THAT IS ABSOLUTELY TRUE.

UH, UH, UH, ROUNDUP INC DID RECEIVE $2.1 MILLION AND, UM, IT WAS FOR A

[01:40:01]

PROGRAM, UH, THAT IS, UH, BEING PUT INTO THE SCHOOL SYSTEMS. UM, I LOVE FOR Y'ALL TO COME OUT ON SATURDAYS TO WATCH THESE KIDS THAT NEVER GOT OPPORTUNITY TO PLAY SPORTS OR ANYTHING LIKE THAT, CHEERLEADERS, ALL OF THESE THINGS.

SO, SO MANY THINGS INVOLVED IN IT.

SO I'M NOT TRYING TO HIDE ANYTHING WE'RE NOT GONNA SHOUT OUT.

THAT HAS NOTHING TO BREACH OF THE DECORUM OF THE MEETING.

IT HAS NOTHING TO DO WITH THE OMNI.

IT HAS EVERYTHING TO DO WITH, WITH MY BUSINESS AND WHAT I DO.

SO YES, WE DID, UH, JUST TO ADDRESS THAT.

SO THAT WAS JUST A POINT OF INFORMATION.

I'D LOVE FOR EVERYBODY TO COME OUT THERE AND SEE WHAT'S GOING ON AND WHAT'S HAPPENING WITH THESE LOCAL KIDS FROM THE SOUTH AND EAST SIDE OF MIDLAND AND EXPANDING INTO THE ENTIRE CITY OF MIDLAND.

THANK YOU.

THANKS FOR YOUR COMMENTS.

AT THIS TIME, I'D LIKE TO CALL ROBIN CAMPBELL FORWARD TO MAKE PUBLIC COMMENT.

HI ROBIN CAMPBELL.

FIRST OFF, I'D LIKE TO SAY WE'D PROBABLY BE A LOT MORE RELAXED IF WE HAD MORE THAN THREE MINUTES.

YOU SAW MAYOR YESTERDAY.

YOU DON'T HAVE TO TIME EVERYTHING.

AND WHEN YOU HAVE THAT THREE MINUTE CLOCK, IT PUTS A LOT OF PRESSURE ON YOU AND YOU MAY NOT GET TO SAY EVERYTHING YOU WANNA SAY LIKE YOU DID.

COUNCILMAN STUBBS.

I'D LIKE TO TALK ABOUT THE OMNI HOTEL TODAY.

I WOULD LIKE TO ASK OUR CITY COUNCIL MEMBERS, EVERY ONE OF Y'ALL YOU TALK ABOUT SOLUTIONS.

I WOULD LIKE FOR Y'ALL TO VOTE TODAY TO PUT THE OMNI HOTEL ON THE AGENDA FOR UPCOMING CITY COUNCIL MEETING.

WHEN WE HAD, WHEN THE MEETING HAPPENED IN JANUARY OF 2024, THAT MEETING WAS FULL OF LIES.

IT WAS FULL OF MISLEADING.

THE LAWS WERE NOT ADDRESSED.

IT IS A TYPE B PROJECT.

IT STATES RIGHT THERE ON THE STATE'S WEBSITE, CONVENTION FACILITIES AND HOTEL TOURISM IS TYPE B.

IF YOU DO A TYPE B PROJECT WITH A TYPE A, YOU HAVE TO BRING IT TO THE PUBLIC FOR A VOTE.

THERE IS HOW MANY PEOPLE THAT WERE DEPRIVED OF THEIR CIVIL RIGHT TO VOTE ON THIS.

THAT'S WHY WE'RE UPSET AND Y'ALL DON'T WANT TO HEAR ABOUT IT.

YOU WANNA RAM THIS PROJECT THROUGH.

THERE IS $45 MILLION FROM MDC AND I THINK THAT WE SHOULD DISCUSS THAT IN A MORE THOROUGH DISCUSSION IN AN UPCOMING MEETING AS TO WHETHER THOSE FUNDS WERE LEGALLY GIVEN TO THE OMNI HOTEL, WHO WE'VE ALREADY HEARD FROM SUPPORTS YOUR BUSINESS.

DAN HORDE, JACK HARPER.

THEY'RE DONORS OF THE MAYOR, LARGE DONORS OF THE MAYOR.

WE WERE LIED TO DURING THAT CITY COUNCIL MEETING.

WE WERE TOLD 35% WOULD BE PUBLIC MONIES AND THAT THAT WAS ON PAR WITH OTHER CITIES.

WE WERE GIVEN EXAMPLES OF OTHER CITIES THAT HAD AROUND 30 TO 40% PUBLIC MONEY.

THAT IS A LIE.

THIS HOTEL IS FILED BY THE, WITH THE STATE BY THE OMNI FOR $126 MILLION.

THE CONTRACT STATES IT HAS TO BE AT LEAST 125 MILLION.

THE IT IS FILED FOR 126 MILLION AND THERE IS AROUND 95 MILLION OF PUBLIC MONEY GOING INTO THIS PROJECT.

WE WERE NOT TOLD THAT WE WERE LIED TO IN THAT MEETING AND WE WANT TO DISCUSS IT FURTHER.

MAYBE THE MONEY CONTINUES AND STAYS WITH THE OMNI.

I DON'T KNOW, BUT WE WOULD LIKE FOR YOU ALL TO MAKE A MOTION TODAY TO VOTE TO PUT THIS ON A UPCOMING MEETING TO DISCUSS IT FURTHER.

WE DON'T WANNA BE HELD TO THREE MINUTES.

WE WANNA DISCUSS THIS.

WE DESERVE RESPECT TO THIS IS OUR MONEY.

THIS IS OUR CITY.

WE DON'T WANNA SEE BLATANT DISRESPECT FOR THE TAXPAYERS WITH OUR MONEY LIKE THIS.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

AT THIS TIME, I'D LIKE TO CALL, DID YOU HAVE SOMETHING YOU WANTED TO SAY? I JUST WANTED TO MAKE A QUICK POINT OF VOTER MORE FOR THOSE, UH, THE INDIVIDUALS THAT ARE WATCHING ONLINE AND AND THOSE IN THE GALLERY TODAY.

THE THINLY VEILED IMPLICATIONS THAT COUNCIL IS SOMEHOW DOING SOMETHING WRONG BECAUSE THEY ACCEPTED DONATIONS, POLITICAL DONATIONS OR, UH, AN ENTITY THAT THEY ARE AFFILIATED WITH HAS BENEFITED FROM.

UH, UH, ALSO DONATIONS DOES NOT AMOUNT TO A LEGAL CONFLICT OF INTEREST.

THIS POINT HAS BEEN MADE OVER AND OVER AGAIN IN PREV OVER PREVIOUS MONTHS.

AND I'M GONNA KEEP MAKING THIS POINT IN RETORT.

THERE'S BEEN NO LEGAL CONFLICT, UH, OR NO ISSUES RELATED TO ANY VOTES THAT ANY COUNCIL MEMBERS HAVE TAKEN.

THANK YOU VERY MUCH.

AT THIS TIME, I'D LIKE TO CALL JUDGE CAMPBELL FORWARD TO MAKE PUBLIC COMMENT.

GOOD MORNING, MAYOR CITY COUNCIL.

I HAD SOME THOUGHTS THAT I WAS GONNA SHARE, UM, INITIALLY, AND I'M GONNA GET TO THOSE HOPEFULLY.

BUT I WANNA ADDRESS, UM, I'LL START WITH,

[01:45:01]

WITH MR. CRUMP.

THE, UM, COMMENTS ABOUT CONFLICTS OF INTEREST ARE VALID, APPROPRIATE, AND LEGITIMATE.

WHETHER IT MEETS THE VERY LOW THRESHOLD, APPROPRIATELY LOW THRESHOLD FOR A LEGAL CONFLICT IS VERY DIFFERENT THAN IT BEING AN ACTUAL CONFLICT.

YOUR, YOUR DECORUM RULES THAT THIS COUNCIL APPROVED CALLED FOR YOU ALL TO BE ABOVE REPROACH.

THAT DOESN'T MEAN WE'RE GONNA MEET THE MINIMUM OF WHAT THE LAW REQUIRES WHEN IT COMES TO CONFLICTS OF INTEREST.

AND MANY OF YOU HAVE RECOGNIZED THAT, I'VE SEEN YOU DO IT IN THIS COUNCIL WHEN YOU STEPPED OUT AND YOU SAID, THIS ISN'T A LEGAL CONFLICT OF INTEREST, BUT I'M GONNA REMOVE MYSELF ANYWAY BECAUSE YOU RECOGNIZE THAT THERE STILL IS A CONFLICT THERE BECAUSE JUDGMENT CAN TELL YOU THAT THAT EXISTS EVEN WHEN IT DOESN'T MEET THE LEGAL REQUIREMENT.

HOW THE MONEY FLOWS DOES IMPACT, CAN IMPACT HOW DECISIONS ARE MADE AND IT IS ENTIRELY APPROPRIATE TO QUESTION THAT, ESPECIALLY WHEN YOU ARE NOT FORTHCOMING ABOUT THOSE RELATIONSHIPS.

MR. STUBBS RESPECT BEGINS WITH HONESTY.

WE HAVE SOME SERIOUS ISSUES AND SERIOUS CONCERNS AND WE CAN'T HAVE A LEGITIMATE, HONEST CONVERSATION ABOUT WHAT'S HAPPENING BECAUSE THERE'S NOT HONESTY COMING FROM THIS COUNCIL.

IF YOU WANT RESPECT, I THINK THAT YOU GET QUITE A BIT OF IT FROM THE PEOPLE THAT COME TO SPEAK HERE.

WE TAKE OUR TIME OUT OF OUR DAY TO COME UP HERE AND ADDRESS YOU BECAUSE WE DO RESPECT THIS CITY, BUT YOU DON'T SHOW THAT RESPECT TO US.

YOU CAN TALK ABOUT IT AND YOU CAN SAY IT NICELY AND YOU CAN SOUND LIKE IT'S RESPECTFUL, BUT THE WORDS THAT YOU'RE DOING AND THE ACTIONS THAT YOU'RE TAKING ARE DISRESPECTING THE CITIZENS OF THIS CITY.

I WANNA REITERATE, I'VE GOT A LITTLE TIME HOW IMPORTANT IT IS.

I THINK THAT WE HAVE AN UPDATE ON WHAT'S GOING ON WITH THE HOTEL.

PLEASE PUT THAT ON THE AGENDA.

IT WOULD BE GREAT TO HAVE A Q AND A FROM, FROM THE CITIZENS THAT WE COULD TALK ABOUT IT.

IF NOT, IT'D BE GREAT TO HEAR FROM YOU ALL.

BUT THERE ARE, THIS PROJECT IS NOT THE SAME.

WE DON'T KNOW WHAT'S GOING ON.

THE MAYOR'S TALKING ABOUT $160 MILLION PROJECT.

IT WAS PRESENTED AS $170 MILLION PROJECT.

UH, THE WHAT'S BEEN FILED SHOWS IT'S 125 OR $126 MILLION PROJECT, WHICH IS IN ONE LINE WITH WHAT'S REQUIRED.

THIS IS NOT, APPEARS TO BE NOT THE PROJECT THAT WAS PRESENTED TO US.

WE DESERVE TO HAVE AN UPDATE $45 MILLION.

PLEASE CONCLUDE YOUR REMARKS OF MONEY.

$45 MILLION.

WE'LL BE MOVING ON

[EXECUTIVE SESSION]

TO EXECUTIVE SESSION.

ITEM NUMBER 37.

YOU'RE DISRUPTING THE MEETING.

YOU ARE DISRUPTING THE MEETING PURSUANT TO TEXAS GOVERNMENT CODE 5 5 1 1 0 1.

THE CITY COUNCIL WILL HOLD AN EXECUTIVE SESSION WHICH IS CLOSED TO THE PUBLIC TO DISCUSS THE FOLLOWING MATTERS AS PERMITTED UNDER THE FOLLOWING SECTIONS OF TEXAS GOVERNMENT CODE.

UH, 37 UH, SECTION 5 5 1 0 7 1.

CONSULTATION WITH ATTORNEY DISCUSS MATTERS IN WHICH THE DUTY OF THE ATTORNEYS TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICT WITH THE CHAPTER 5 5 1 OF THE TEXAS GOVERNMENT CODE.

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 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 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.

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.

IT IS 11:49 AM AND WE ARE ADJOURNED TO EXECUTIVE SESSION.

THANK YOU SO MUCH.