* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          [00:00:01]
          THANK YOU SO MUCH FOR BEING HERE. 
          WE HAVE SEVERAL EXCITING THINGS TO KICK OUR MEETING OFF, BUT FIRST WE WANNA START WITH AN INVOCATION. 
          SO I'D LIKE TO INVITE YOU TO STAND AND WELCOME PASTOR CARLOS RODRIGUEZ FROM REAL CHURCH. 
          WELCOME, PASTOR. 
          THANK YOU. 
          GOOD MORNING EVERYONE. 
          WILL YOU JOIN ME IN PRAYER THIS MORNING? FATHER, WE THANK YOU SO MUCH FOR YOUR GOODNESS. 
          WE THANK YOU FOR YOUR LOVE TOWARDS US, THAT'S PROVEN THROUGH JESUS. 
          FATHER, THIS MORNING, I THANK YOU FOR MIDLAND. 
          I THANK YOU FOR THE FAVOR THAT YOU HOPE HAVE OVER THIS CITY, OVER THIS REGION. 
          GOD, I PRAY FOR THE LEADERS THIS MORNING. 
          LORD, I PRAY THAT YOU WOULD CONTINUE TO GIVE THEM THE WISDOM TO LEAD OUR CITY, TO LEAD OUR PEOPLE. 
          FATHER, I THANK YOU FOR THE FAMILIES AND THE BUSINESSES OF MIDLAND. 
          I PRAY AGAIN FOR YOUR CONTINUED FAVOR OVER THIS AREA. 
          GOD, I PRAY FOR UNITY IN A WORLD THAT'S TRYING TO TEAR, TEAR PEOPLE APART. 
          GOD, I PRAY THAT THIS ROOM WOULD BE MARKED WITH RESPECT, WITH UNITY AND WITH LOVE. 
          SO FATHER, I ASK FOR A CONTINUED PEACE OVER ALL OF OUR LEADERS IN THE PEOPLE IN THIS ROOM. 
          AND GOD, I JUST PRAY THAT AS WE CONTINUE MOVING FORWARD, THAT YOU WOULD CONTINUE TO HELP US GROW, CONTINUE TO LOVE ONE ANOTHER, TO SERVE ONE ANOTHER, AND TO CARE FOR ONE ANOTHER. 
          WE ASK THESE THINGS IN YOUR SON JESUS NAME AND EVERYONE SAID AMEN. 
          AMEN. 
          THANK YOU. 
          THANK YOU VERY MUCH, SIR. 
          I PLEDGE ALLEGIANCE PANCE TO FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL OUR HONOR OF TEXAS. 
          FLAG IGI TO BE THE TEXAS ONE STATE UNDER GOD, ONE INDIVIDUAL. 
          THANK YOU VERY MUCH. 
          AND YOU CAN BE SEATED. 
          WE'RE GONNA MOVE OVER 
          [PROCLAMATIONS AND RECOGNITIONS]
HERE IN FRONT OF THIS TV SCREEN AND WE'RE GONNA CELEBRATE SOME KIDS WHO DID SOME GREAT ARTWORK. 
          I WANNA SHARE A LITTLE BIT ABOUT THE PROJECT VISION ZERO. 
          UH, VISION ZERO IS AN INITIATIVE THAT WE'RE WORKING ON IN PARTNERSHIP WITH THE COUNTY. 
          WE HAVE COMMISSIONER STEVEN VILA HERE, UM, TO JOIN US. 
          UM, BUT WE'RE TRYING TO ELIMINATE ROADWAY FATALITIES BY 2050. 
          AND SO WE HAVE A LOT OF DIFFERENT PROJECTS THAT WE'RE DOING, UH, THE, THE COUNTY AND THE CITY AND TXDOT ALTOGETHER WORKING TO, UH, IMPROVE THE SAFETY OF OUR ROADWAYS. 
          BUT WE HAD THE VISION ZERO ART AND VIDEO PROJECT COMPETITION AND WE HAD SO MANY KIDS ACROSS MIDLAND WHO PARTICIPATED IN THAT, WHO SUBMITTED ARTWORK. 
          AND SO WE'RE THANKFUL FOR THEIR WORK, WE'RE THANKFUL FOR THEIR TEACHERS WHO ENCOURAGED THEM TO GET INVOLVED. 
          UH, WE HAD OVER 50 SUBMISSIONS FOR THIS PROJECT AND UM, WE HAD OUR VISION ZERO TASK FORCE, UM, VOTED TO HELP US CHOOSE OUR WINNERS. 
          SO THE TASK FORCE IS THE ONES THEY LOOKED AT YOUR ARTWORK AND THEY SAID YOU DID A GREAT JOB. 
          AND SO WE'RE HERE TO CELEBRATE YOU TODAY. 
          SO WE WANNA THANK, UH, LUCKY STRIKE BOWLING. 
          UH, THEY HELPED TO, UH, DONATE SOME OF THE PRIZES AND THEN MIDLAND WEST ROTARY ALSO HELPED TO DONATE SOME OF OUR PRIZES. 
          AND SO WE HAVE CERTIFICATES AND WE HAVE PRIZES FOR EACH OF THESE KIDS. 
          UM, THIS WAS ALSO, UH, JUST SOMETHING THAT COUNCILMAN STUBBS HAS WORKED, UH, DILIGENTLY ON. 
          AND A LOT OF OUR CITY STAFF, MICHELLE AND RUBY IN PARTICULAR, GET GAVE A LOT TO THIS PROJECT. 
          SO THANK YOU ALL FOR THE WORK THAT YOU'VE DONE ON THIS. 
          UM, AND I WANT TO ENCOURAGE YOU, AS YOU'RE LEAVING, THEIR ARTWORK IS ACTUALLY ON DISPLAY IN THE LOBBY, SO YOU CAN CHECK THAT OUT ON YOUR WAY OUT. 
          AND THEN WE'RE ALSO GONNA HAVE A VIDEO ON OUR, THROUGH OUR CITY WEBSITE WHERE WE'RE GONNA BE SHARING THAT ARTWORK SO YOU CAN SEND IT TO YOUR OUT OF TOWN FAMILY AND FRIENDS FOR THOSE OF YOU PARENTS AND GRANDPARENTS, UM, SO THAT EVERYBODY CAN SEE THE WORK THAT THEY DID. 
          I HEARD FROM CITY STAFF THAT SOME OF THE PARENTS WEREN'T EVEN AWARE THAT YOU HAD DONE THIS, THAT THE KIDS HAD DONE THESE PROJECTS UNTIL THEY GOT A PHONE CALL. 
          SO CHECK THAT OUT IN THE LOBBY. 
          UM, SO I WANNA GET STARTED AND WE'RE GONNA SET THESE THINGS HERE. 
          WE'RE GONNA START WITH ANNIE HAMILTON. 
          ANNIE, WOULD YOU LIKE TO COME JOIN US? AND PARENTS IF YOU WANNA COME TAKE A PICTURE, WE'RE GONNA DO AN INDIVIDUAL PICTURE AND THEN WE'LL DO ONE ALL TOGETHER. 
          ANNIE, THANK YOU SO MUCH FOR YOUR WORK. 
          WE GOT YOU THIS CERTIFICATE. 
          AND THEN ON THE BACK HERE, THERE IS A, THIS IS A GIFT CERTIFICATE. 
          YOU CAN GO BOWLING. 
          YOU WANNA MAKE YOUR PARENTS TAKE YOU BOWLING ? YEAH, WE'RE GONNA TAKE A PICTURE WITH YOU. 
          OKAY, HERE, LET'S, LET'S STAND RIGHT HERE. 
          ALRIGHT, 1, 2, 3, 1, 2, 3. 
          OKAY, LET'S LOOK OVER HERE. 
          AND DO Y'ALL WANT TO TAKE A PICTURE TOO? THANK YOU. 
          CONGRATULATIONS. 
          THANK YOU. 
          NOW WE'D LIKE TO RECOGNIZE ELIZABETH LANDERS. 
          ELIZABETH, ARE YOU HERE? YEAH. 
          YES. 
          COME JOIN US. 
          CONGRATULATIONS. 
          HERE'S YOUR CERTIFICATE AND YOU GET BOWLING PASSES TOO. 
          [00:05:01]
COME TAKE A PICTURE. 
          ALRIGHT, 1, 2, 3. 
          1, 2, 3. 
          AWESOME. 
          DO YOU WANNA JUMP IN A PICTURE? CONGRATULATIONS. 
          NOW WE HAVE UH, EVANGELINE DE FRIEND, ARE YOU HERE? YES. 
          COME JOIN US. 
          CONGRATULATIONS ON YOUR HARD WORK HERE. 
          JUMP, JUMP RIGHT HERE AND WE'LL TAKE A PICTURE. 
          ALRIGHT, 1, 2, 3. 
          1, 2, 3. 
          CONGRATULATIONS. 
          RILEY, ARE YOU HERE? CONGRATULATIONS, RILEY. 
          ALL RIGHT, 1, 2, 3, 1, 2, 3. 
          AWESOME, DO YOU, CONGRATULATIONS WE HAVE MAE MARIE, HUEY. 
          CONGRATULATIONS. 
          GREAT WORK. 
          1, 2, 3. 
          1, 2, 3. 
          YOU WANT ME TO JUMP IN? CONGRATULATIONS. 
          WE HAVE ANGEL LAW. 
          IS ANGEL HERE. 
          CONGRATULATIONS. 
          GREAT WORK. 
          1, 2, 3. 
          1, 2, 3. 
          CAN WE JUMP IN PLEASE? READY? 1, 2, 3. 
          WE HAVE BRIA, SUMNER, BRIA, ARE YOU HERE? GOOD JOB. 
          SO YOU'RE THE SIXTH GRADE WINNER, RIGHT? GREAT JOB. 
          1, 2, 3. 
          1, 2, 3. 
          YOU WANT ME TO JUMP IN? CONGRATULATIONS BRIA . 
          WE'RE GONNA DO ADELAIDE GONZALEZ NEXT. 
          SO THIS IS A VIDEO CONTEST, SECOND PLACE. 
          GREAT JOB BRIA. 
          1, 2, 3. 
          1, 2, 3. 
          SO YOU HAVE WON A CASH PRIZE. 
          THAT'S WAY BETTER. 
          . 
          CONGRATULATIONS. 
          AND THEN OUR VISION ZERO VIDEO CONTEST. 
          FIRST PLACE WINNER IS ADELA A, I'M SORRY, ADELINA JIMENEZ, ARE YOU HERE? GREAT WORK. 
          YOU'VE ALSO WON A CASH PRIZE AS WELL, SO CONGRATULATIONS. 
          [00:10:02]
1, 2, 3. 
          1, 2, 3. 
          Y'ALL WANNA JUMP IN? ALRIGHT, 1, 2, 3. 
          OKAY, GREAT JOB. 
          CONGRATULATIONS. 
          ALRIGHT, WE'RE GONNA INVITE ALL OF OUR WINNERS TO COME BACK UP AND TAKE A BIG GROUP PICTURE ALTOGETHER. 
          YEAH, IF THERE ARE ROTARY MEMBERS FOR MIDLAND WEST ROTARY CLUB WHO CONTRIBUTED TO OUR PRIZES, IF YOU WOULD JOIN US FOR THE PICTURE AS WELL. 
          GET AS CLOSE TOGETHER. 
          LET'S GO AHEAD AND MOVE. 
          ALRIGHT, 1, 2, 3. 
          1, 2, 3. 
          THANK YOU SO MUCH FOR JOINING US. 
          ALL RIGHT, WE ARE GONNA GO AHEAD 
          [CONSENT AGENDA]
AND JUMP FORWARD IN OUR CONSENT AGENDA. 
          SO I'M GONNA START OVER HERE WITH COUNCILMAN BURKE HOLDER, DO YOU HAVE ANYTHING YOU'D LIKE TO PULL? YES. 
          ITEM NUMBER 12. 
          12. 
          COUNCILMAN BURKES. 
          ITEM 1515 COUNCILWOMAN POOL. 
          14. 
          14. 
          OKAY, COUNCILMAN, I DON'T HAVE ANY THIS TIME. 
          COUNCILMAN NORMAN. 
          10. 
          DECEMBER 16. 
          MM-HMM UM, 10. 
          YES. 
          ALRIGHT. 
          AND THEN WE'RE ALSO GONNA PULL ITEM 17 THROUGH 20, THE APPLICANT THAT THOSE PROJECTS ARE NOT REALLY READY TO BE VOTED UPON. 
          AND SO WE'RE GOING TO PULL THOSE AND SKIP THEM, REMOVE THEM FROM OUR AGENDA TODAY. 
          SO I HAVE PULLED 10, 12, 14, 15 AND THEN 17, 18, 19 AND 20. 
          SO WITH THAT WE WILL GO AHEAD AND CONSIDER THE REMAINING ITEMS ON THE CONSENT AGENDA AND I'LL LOOK FOR ACTION FROM COUNCIL. 
          I HAVE A MOTION FROM COUNCIL MEMBER HOLDER AND A SECOND FROM COUNCILWOMAN BURKES. 
          THERE'S NO FURTHER DISCUSSION. 
          LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          WE'LL MOVE FORWARD WITH ITEM NUMBER 10, 
          [10. 2026-057 - RESOLUTION RATIFYING AND APPROVING EMERGENCY CLEANUP SERVICES ASSOCIATED WITH THE FAILURE OF A CERTAIN WASTEWATER LINE THAT WERE PERFORMED BY BASIN TRUCKING AND OILFIELD SERVICES LLC FOR A TOTAL COST OF $388,080.00; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 2) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]
A RESOLUTION RATIFYING AND APPROVING EMERGENCY CLEANUP SERVICES ASSOCIATED WITH A FAILURE OF CERTAIN WASTEWATER LINE THAT WERE PERFORMED BY BASIN TRUCKING AND OIL FIELD SERVICES LLC FOR A TOTAL COST OF $388,080 APPROPRIATING FUNDS AND AUTHORIZING PAYMENT. 
          AND I HAD ASKED THAT COUNCILMAN NORMAN PULL THIS ONE. 
          I JUST WANTED YOU TO EXPLAIN KIND OF WHAT HAPPENED HERE AND GIVE US A LITTLE MORE INFORMATION. 
          SO AT THAT ADDRESS ON LA MISA DRIVE, WE ACTUALLY HAVE A WASTEWATER LINE THAT IS ABOVE GROUND. 
          THERE'S A DRAW THERE AND IT'S CROSSING THE DRAW. 
          UM, SOME FAT GREASES FILLED UP THE LINE, IT GOT PLUGGED UP AND IT BROKE THAT LINE RIGHT RIGHT ABOVE THE DRAW, WHICH CAUSED A LOT OF SEWER TO GET INTO THE DRAW, WHICH IS SOMETHING WE NEED TO GET CLEANED UP AS FAST AS POSSIBLE. 
          SO WE CALLED ENVIRONMENTAL COMPANIES AROUND TOWN AND I FORGOT THE NAME, SORRY. 
          BASIN TRUCKING MOVED ON IT FOR US AS FAST AS THEY COULD, WE HAD TO TAKE OUT ABOUT SIX INCHES OF DIRT FOR 1300 FEET AND REMOVE ALL THE, UM, LIQUIDS THAT WAS IN THE DRAW AND GET EVERYTHING CLEANED UP. 
          TOOK ABOUT A WEEK, BUT WE GOT IT CLEANED UP AND UM, GOT EVERYTHING TURNED INTO TCQ AS NEEDED. 
          EXCELLENT. 
          ALRIGHT, WELL I DON'T, 
          [00:15:01]
I THINK THAT'S ALL MY QUESTIONS. 
          DID YOU HAVE SOMETHING ELSE? WELL, AND JUST TO MAKE PEOPLE FEEL COMFORTABLE WITH IT, SO TCEQ HAS GROUND SAMPLE REQUIREMENTS. 
          CAN YOU JUST GO OVER THEIR, THEIR APPROVAL? UM, I MEAN IT'S NOT GROUND SAMPLE REQUIREMENTS. 
          THEY USE BASIN TRUCKING AND US TO SEE HOW DEEP WE THINK THE, UM, WASTEWATER PENETRATED AND WE GO BEYOND THAT TO MAKE SURE EVERYTHING GETS CLEANED UP. 
          YES. 
          SO I MEAN THAT'S WHAT I WAS ALLUDING TO. 
          YES. 
          IS THE FACT THAT THAT TCEQ IS INVOLVED WITH GIVING US DIRECTION ON WHAT WE NEED TO DO AS FAR AS TO CLEAN THAT UP AND MAKE SURE THAT IT PASS IT'S PASSABLE FOR THEM. 
          YES. 
          EXCELLENT. 
          ALRIGHT, WELL THANK YOU SO MUCH. 
          WE APPRECIATE IT. 
          THANK YOU. 
          SO WITH THAT THEN WE'LL LOOK FOR ACTION ON ITEM NUMBER 10. 
          WE HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN STUBBS. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          ITEM NUMBER 12 
          [12. 2026-059 - RESOLUTION APPROVING A CONTRACT WITH CXT INCORPORATED FOR THE CONSTRUCTION AND INSTALLATION OF A RESTROOM FACILITY ON THE QUAIL COURSE AT THE COURSES AT HOGAN PARK THROUGH SOURCEWELL FOR A TOTAL COST OF $138,006.25; APPROVING $25,000.00 FOR PROJECT-RELATED COSTS; AND AUTHORIZING PAYMENT (DISTRICT: 2)  (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]
IS A RESOLUTION APPROVING A CONTRACT WITH CXT INCORPORATED FOR THE CONSTRUCTION AND INSTALLATION OF A RESTROOM FACILITY ON THE COIL COURSE AT THE COURSES AT HOGAN PARK THROUGH SOURCE. 
          WELL FOR A TOTAL COST OF $138,006 AND 25 CENTS, APPROVING $25,000 FOR PROJECT RELATED COSTS AND AUTHORIZING PAYMENT. 
          SO I BELIEVE THAT COUNCILMAN BERKHOLDER? YES, YOU PULLED THIS. 
          HEY LAURIE, HOW ARE YOU? GOOD MORNING. 
          MORNING COUNCIL MAYOR. 
          SO EVERYBODY KNOWS THAT I'M, I GENERALLY, UH, I'VE WORKED ON PROCUREMENT FOR QUITE SOME TIME. 
          IT'S REALLY BIG DEAL THAT I HARP ON FOR MAKING SURE THAT WE'RE GETTING MULTIPLE BIDS AND THE BEST DEALS AND WE'RE FINDING THE BEST CONTRACTORS TO GIVE US, YOU KNOW, THE, THE BEST QUALITY PRODUCT THAT WE CAN. 
          UH, I JUST WANTED TO HIGHLIGHT THIS BECAUSE THE LAST TIME THAT WE TALKED ABOUT A BATHROOM, AND I UNDERSTAND THIS ONE'S NOT EXACTLY THE SAME, BUT IT'S SIMILAR AND, UM, THAT THIS CAME IN AT A HUGE DOLLAR AMOUNT UNDER WHAT WE HAD LEAKED AT PREVIOUSLY FOR ANOTHER BATHROOM. 
          SO I JUST WANTED TO PULL IT AND SAY, HEY, UH, APPRECIATE YOU GUYS LISTENING AND, AND THIS IS A NEW VENDOR THAT, UH, WE'RE EXCITED TO SEE WHAT THEY CAN DO AND THIS IS THE TYPE OF THING THAT WE WANT TO CONTINUE TO DO TO JUST PUSH THE ENVELOPE TO GET THE BEST DEALS POSSIBLE. 
          SO THANK YOU TO YOUR AND YOUR TEAM FOR, FOR PUSHING AND, AND FINDING THAT. 
          BUT I WANTED TO HIGHLIGHT THAT BECAUSE I KNOW I MADE A BIG DEAL OF IT AT THE LAST ONE. 
          AND, UH, SO THIS ONE CAME IN ABOUT $110,000 UNDER WHAT THE PREVIOUS BATHROOM CAME UNDER, SO THANK YOU. 
          YOU'RE WELCOME. 
          IT IS A SMALL, A LITTLE SMALLER STRUCTURE, BUT IT IS A NEW, A NEW VENDOR FOR US AND IT IS STILL A STATE. 
          UH, THEY'RE IN MINERAL WEALTH TEXAS, SO THEY ARE A TEXAS VENDOR, BUT IT WAS A BETTER PRICE. 
          SO YES. 
          AWESOME. 
          THANK YOU. 
          THANKS LORI. 
          MM-HMM . 
          ALRIGHT. 
          IF THERE'S NO FURTHER DISCUSSION FROM COUNCIL, I'LL LOOK FOR YOUR ACTION ON ITEM NUMBER 12. 
          WE HAVE A MOTION FROM COUNCILMAN HOLDER AND A SECOND FROM COUNCILMAN BURS. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUS UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          ITEM NUMBER 14 IS 
          [14. 2026-061 - RESOLUTION AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE MIDLAND AIRPARK ENTRY ROAD ENHANCEMENTS PROJECT TO FNF CONSTRUCTION, INC. AT A TOTAL COST OF $7,710,296.50; APPROVING $1,642,059.10 FOR CONTINGENCIES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 4) (AIRPORTS) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE]
A RESOLUTION AWARDING A CONTRACT FOR CONSTRUCTION OF THE MIDLAND AIR PARK ENTRY ROAD ENHANCEMENTS PROJECT TO F AND F CONSTRUCTION INCORPORATED AT A TOTAL COST OF $7,710,296 AND 50 CENTS APPROVING $1,000,642 AND 50, I'M SORRY, $642,059 AND 10 CENTS FOR CONTINGENCIES, APPROPRIATING FUNDS, AND AUTHORIZING PAYMENT COUNCILWOMAN POOL. 
          YES, I PULLED THIS ONE, JUSTINE, THIS HAS BEEN A LONG TIME COMING. 
          I'M REALLY EXCITED ABOUT THIS PROJECT. 
          UM, THE, THE MAIN REASON I PULLED IT WAS REALLY JUST TO HIGHLIGHT THE FACT THAT BECAUSE THIS HAS BEEN A LONG TIME COMING, UM, YOU KNOW, PART OF THAT, THE REASONING FOR THAT IS BECAUSE WE WENT OUT FOR BID PREVIOUSLY ON THIS AND WE GOT ONE BID BACK THAT WAS SUBSTANTIALLY HIGHER THAN PROJECTED COSTS. 
          AND INSTEAD OF MOVING FORWARD WITH THAT, WE TOOK WISDOM INTO ACCOUNT AND TOOK A STEP BACK AND DID SOME RE-ENGINEERING, UM, AND SENT THIS ONE BACK OUT FOR BID. 
          AND I JUST WANTED TO HIGHLIGHT THAT WE CAME IN EXTREMELY UNDER BUDGET, UH, FOR THIS PROJECT. 
          AND PART PART OF THIS, A MILLION DOLLARS OF THIS IS ACTUALLY GOING TO BE PAID BY THE CITY OUT OF THE GENERAL FUND BECAUSE IT IS A DRAINAGE, UM, IMPROVEMENT PROJECT IN THE DRAW THERE. 
          AND SO, UM, YOU KNOW, I JUST WANTED TO SAY GREAT JOB AND UM, IF THERE'S ANYTHING YOU WANNA ADD TO THIS, YOU KNOW, OR EXPLAIN THE PROJECT AT ALL, YOU KNOW, YOU'RE OPEN TO DO THAT, BUT I'M JUST THANKFUL FOR, FOR YOU GUYS FOR REALLY PUTTING IN THE LEGWORK AND MAKING SURE WE GOT THE BEST DEAL. 
          THANK YOU. 
          UM, THE ORIGINAL SCOPE OF THIS PROJECT WAS JUST TO REDO THE ENTRANCE TO AIR PARK 'CAUSE IT'S A LOW WATER CROSSING AND IF IT RAINS PEOPLE ARE EITHER STUCK ON THE INSIDE OR ON THE OUTSIDE UNTIL THE RAIN GOES DOWN. 
          WE WERE GONNA REPLACE IT WITH THE BRIDGE. 
          UH, TO DO THAT WE HAD TO PUT IN A TEMPORARY ROAD SO THAT PEOPLE COULD GO IN AND OUT DURING CONSTRUCTION. 
          AND THAT WAS AT A COST OF ALMOST A MILLION DOLLARS AND THAT WAS A MILLION DOLLARS THAT WAS REALLY NOT GOING TO GET US ANYWHERE. 
          SO WE RE-ENGINEERED THE PROJECT 'CAUSE WE ONLY GOT ONE BID AND IT WAS HIGH AND UM, ADDED A SECOND ENTRANCE. 
          SO NOW WE'RE GONNA BUILD THE NEW ENTRANCE FIRST 
          [00:20:01]
AND THEN BY THE TIME WE GET TO THE ORIGINAL ENTRANCE, WE WON'T HAVE TO HAVE A TEMPORARY ROAD. 
          WE SAVE THAT MONEY AND PUT IT TOWARDS, UH, THE FUTURE OF AIR PARK WITH TWO ENTRANCES, WHICH IS MUCH SAFER FOR EVERYBODY. 
          ABSOLUTELY. 
          AND I THINK, YOU KNOW, LOOKING FORWARD, UH, THE, THE SECOND ENTRANCE ROAD IS GOING TO BENEFIT OUR FUTURE HANGAR DEVELOPMENT OUT THERE AS WELL. 
          ABSOLUTELY. 
          UM, AND THEN ALSO THE THE CONTRACTOR JUST, I, I DON'T KNOW IF THE REST OF COUNCIL IS AWARE THEY DO SPECIALIZE IN BRIDGES. 
          YES. 
          AND SO WE WERE ABLE TO, INSTEAD OF DOING A BOX CULVERT IN THE ORIGINAL UH, CROSSING, WE'RE ABLE TO ACTUALLY GET A BRIDGE DONE AT A VERY REASONABLE PRICE. 
          AND SO THAT'S DEFINITELY A BENEFIT AS WELL. 
          YES, ABSOLUTELY. 
          WELL THANK YOU FOR YOUR WORK JUSTINE. 
          WE APPRECIATE IT. 
          ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL? SEEING NONE, I'LL LOOK FOR YOUR ACTION. 
          WE HAVE A MOTION FROM COUNCILMAN POOL AND A SECOND FROM COUNCILMAN BERKHOLDER. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          ITEM NUMBER 15 IS 
          [15. 036-2026 - MOTION APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND MIDLAND 2025 MSO, LLC REGARDING THE DEVELOPMENT OF A VETERINARY AND SURGICAL DIAGNOSTIC HOSPITAL (DISTRICT: 4) (CITY MANAGER) (STRONG ECONOMY WITH MORE QUALITY JOBS)]
A MOTION APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND MIDLAND 2025 M-S-O-L-L-C REGARDING THE DEVELOPMENT OF A VET VETERINARY AND SURGICAL DIAGNOSTIC HOSPITAL. 
          I BELIEVE THAT YOU PULLED THIS ONE COUNCILWOMAN BROOKS. 
          I DID. 
          SO GOOD MORNING. 
          I JUST KIND OF WANTED YOU TO TOUCH ON WHY THIS IS SO GOOD FOR THE CITY AND WHY THIS IS RIGHT IN MDCS WHEELHOUSE TO DO THIS. 
          YES MA'AM. 
          THANK YOU. 
          GOOD MORNING MAYOR AND CITY COUNCIL. 
          THANKS FOR CONSIDERING THIS ITEM THIS MORNING. 
          THIS IS AN ECONOMIC DEVELOPMENT AGREEMENT WITH MIDLAND MSO 2025 TO BRING A VETERINARY OWNED VETERINARY DIAGNOSTIC AND SURGICAL HOSPITAL TO WEST MIDLAND. 
          SO UNDER THIS AGREEMENT THERE WILL BE 32 NEW JOBS CREATED, INCLUDING FIVE NEW VETERINARIANS. 
          UH, THIS IS AN EXCITING OPPORTUNITY FOR MIDLAND TO BRING IN MORE SERVICE IN THIS AREA THAT I PERSONALLY HAVE HEARD A LOT FROM, FROM CITIZENS THAT IT'S A, A NEED IN OUR COMMUNITY. 
          SO WE ARE EXCITED TO WELCOME THIS PROJECT, WHICH AGAIN WILL BE OWNED BY THE VETERINARIANS. 
          UM, THE PROJECT IS ALSO WORKING WITH, UH, TEXAS TECH UNIVERSITY'S SCHOOL IN AMARILLO TO RECRUIT AND RETAIN THAT PIPELINE OF VETS WHO ARE FAMILIAR WITH WEST TEXAS. 
          UM, I'M HAPPY TO ANSWER ANY QUESTIONS FROM THE COUNCIL. 
          THERE IS A REPRESENTATIVE FROM THE PROJECT, BRIANNE AND JAMES HERE IF YOU WOULD LIKE TO HEAR DIRECTLY, BUT OTHERWISE I'M HERE TO ENGAGE. 
          EXCELLENT. 
          WELL I THINK THIS IS A GREAT PROJECT AND WE HAVE HEARD FROM A LOT OF CITIZENS THAT VETERINARY CARE IS DIFFICULT TO FIND. 
          WE HAVE, UM, A NEED HERE IN OUR COMMUNITY FOR MORE VETERINARY CARE. 
          WE HAD JUST EVEN IN THE PROCESS OF HIRING A VET FOR OUR CITY PROJECTS, UM, HAD SOME TROUBLE. 
          SO THIS IS SOMETHING THAT WE'VE NEEDED TO EXPAND FOR A WHILE, SO WE APPRECIATE YOUR WORK ON IT. 
          WELL, I SORRY, GO AHEAD. 
          UH, NO I WAS JUST, UH, CAN YOU EXPAND ON A LITTLE BIT HOW UH, THIS IS A QUALIFICATION OF A FOUR A PROJECT? CERTAINLY. 
          SO THE NS CODE FOR VETERINARY HOSPITALS IS 4 5 4 1 9 4 OH VETERINARY SERVICES AND THAT ONE IS ONE OF THE NAS CODES THAT'S LISTED IN TEXAS LOCAL GOVERNMENT CODE CHAPTER 5 0 1 AS BEING A PRIMARY JOB QUALIFIED BY THE STATE TO RECEIVE JOB CREATION INCENTIVES FROM TYPE A DEVELOPMENT CORPORATIONS. 
          WELL AND UM, I THINK TO ADD ON THAT, WHAT I WAS GONNA HIGHLIGHT IS THIS IS A REGIONAL PROJECT AS WELL. 
          I THINK, UH, WE WILL BE SERVICING NOT JUST THE MIDLAND COMMUNITY BUT BUT THE WHOLE PERMIAN BASIN AND I THINK THAT FITS WITHIN THAT AS WELL. 
          YES MA'AM. 
          CAN YOU ALSO TALK ABOUT THE COMPANY THAT'S COMING IN? 'CAUSE THEY'RE PRETTY MUCH LOCAL COMPANY AND I THINK THAT'S A REALLY NEAT PART OF THIS PROJECT AND REALLY IMPORTANT TO HOW WE GROW MIDLAND, THE ENTITY DOES HAVE A HOSPITAL IN BIG SPRING WHERE I BELIEVE A LOT OF MIDLANDS ALREADY GO TO OBTAIN SERVICE. 
          SO THIS EXPANSION TO MIDLAND IS AN OPPORTUNITY TO KEEP THOSE SERVICES IN AS WELL AS COUNCIL WOMEN POOL MENTIONED TO ATTRACT OUTLYING COMMUNITIES THAT NEED VET SERVICE TO MIDLAND. 
          I THINK IT'S ALSO IMPORTANT TO TOUCH ON, THERE'S A MAX AMOUNT AND IT IS TIED TO JOB CREATION LIKE YOU WERE SAYING. 
          AND SO I THINK THAT'S VERY IMPORTANT. 
          AND THERE ARE CLAWBACKS IF THEY'RE NOT ABLE TO DO WHAT THEY SAY THEY'RE GONNA DO. 
          YES MA'AM. 
          THE INCENTIVE IS CAPPED AT $160,000. 
          IT WILL BE DISPERSED AS JOBS ARE CREATED AND MAINTAINED. 
          UM, IF PERFORMANCE IS NOT MAINTAINED, THERE ARE CLAWBACKS. 
          THE AGREEMENT IS ALSO TIED TO THE CONSTRUCTION AND MAINTENANCE OF THE FACILITY AT A SPECIFIC LOCATION IN MIDLAND AND A MINIMUM AMOUNT OF CAPITAL INVESTMENT FOR THAT NEW FACILITY. 
          EXCELLENT. 
          ANY OTHER COMMENTS OR QUESTIONS FROM COUNCIL MEMBERS? OKAY, WE DO HAVE ONE REQUEST TO SPEAK AT THIS TIME I'D LIKE TO CALL ROBIN CAMPBELL TO COME FORWARD AND MAKE PUBLIC COMMENT ON ITEM NUMBER 15. 
          HI, I AM GO AHEAD. 
          [00:25:03]
HE'S PASSING OUT TYPE A AND TYPE A B INFORMATION. 
          UM, I'M ROBIN CAMPBELL, I WANNA SPEAK ON THIS. 
          UM, WE ATTENDED THE MDC MEETING, I BELIEVE LAST WEEK OR WEEK BEFORE WHENEVER IT WAS. 
          THEY DISCUSSED THIS AGENDA ITEM AND UM, WE ASKED MS. HARRIS ABOUT THIS BEING A TYPE A OR A TYPE B PROJECT AND SHE GAVE THE SAME RESPONSE THAT IT'S IN THE NIX CODE. 
          UM, WE'VE LOOKED FOR THAT. 
          I'M WONDERING IF SHE CAN PULL THAT UP FOR US BECAUSE WE HAVEN'T FOUND, WE DIDN'T SEE VETERINARY HOSPITALS IN THERE, SO I'M WONDERING IF SHE WOULDN'T MIND PULLING THAT UP AND SHOWING THE PUBLIC WHERE WE CAN FIND THAT. 
          BECAUSE IF YOU LOOK HERE, SORRY, I KNOW IT TAKES A MINUTE TO GET THE PAPERS, BUT IF YOU LOOK AND READ ABOUT TYPE A, I THINK THERE MDC HAS HAD A LOT OF, UM, FAILURE AND TRAINING ABOUT WHAT IS TYPE A AND WHAT IS TYPE B PROJECTS. 
          IF YOU READ INTO IT, IF YOU LOOK AT THESE PAPERS HERE AND YOU READ ANY FURTHER INTO IT, IT TELLS YOU VERY CLEARLY THAT TYPE A IS THE MORE RESTRICTED TYPE OF ECONOMIC DEVELOPMENT. 
          TYPE B IS LESS RESTRICTED. 
          NOW YOU COULD DO A TYPE B PROJECT WITH A TYPE A, BUT YOU HAVE TO GET VOTER APPROVAL FROM THE PUBLIC. 
          I WOULD LIKE TO SEE, I'M HOPING THAT YOU WILL ADVOCATE FOR US PUBLIC AND ASK HER TO BRING THE N CODE UP HERE, SHOW US WHERE IT'S AT, SHOW US WHERE IT SAYS VETERINARY HOSPITALS BECAUSE, UM, WE'RE NOT SEEING IT. 
          WE SEE, UM, IF YOU LOOK AT TYPE A, IT SAYS YOU CAN USE IT FOR MANUFACTURING AND INDUSTRIAL DEVELOPMENT PERIOD. 
          UM, IT GOES ON AND EXPLAINS THAT FARTHER. 
          UM, BUT IT SAYS YOU CAN USE IT FOR RESEARCH AND DEVELOPMENT FACILITIES, REGIONAL OR NATIONAL CORPORATE HEADQUARTERS. 
          I DON'T, JUST BECAUSE IT'S A REGIONAL PRO PROJECT, I DON'T THINK THAT MEANS I, I JUST, I THINK THERE NEEDS TO BE SCRUTINY HERE. 
          JOB TRAINING FACILITIES OPERATED BY HIGHER EDUCATION INSTITUTIONS. 
          UM, THE POINT OF MDC IS NOT TO CREATE JOBS. 
          WE HAVE A LOT OF JOBS. 
          WE HAVE ONE OF THE LOWEST UNEMPLOYMENT RATES IN THE STATE. 
          THE POINT IS TO BRING, TO DIVERSIFY OUR ECONOMY BY BRINGING IN INDUSTRIAL AND MANUFACTURING AND TYPE A IS PERFECT FOR THAT. 
          AND I WOULD LIKE TO SEE US SAVE OUR MONEY AND SAVE OUR TIME AND OUR RESOURCES AND FOCUS ON TYPE A PROJECTS. 
          UM, RESEARCH AND DEVELOPMENT. 
          I DON'T BELIEVE A HOSPITAL, A VETERINARY HOSPITAL FALLS UNDER RESEARCH AND DEVELOPMENT. 
          I BELIEVE IF YOU LOOK AT OTHER CITIES AND THEIR STANDARDS, YOU HAVE TO HAVE A CERTAIN PERCENTAGE OF EMPLOYEES THAT ARE DEDICATED DIRECTLY TO RESEARCH OR DEVELOPMENT. 
          YOU CAN'T JUST CALL IT A RESEARCH AND DEVELOPMENT. 
          I THINK THAT MIDLAND AS BEING WAY TOO LAX ON THIS AND I WOULD JUST LIKE TO SEE IT LOOKED INTO A LOT FURTHER. 
          THANKS FOR YOUR COMMENTS. 
          THANK YOU NICHOLAS, DID YOU HAVE SOME CLARIFICATION? YES, I, I DID. 
          AS, AS THE EXECUTIVE DIRECTOR QUITE CLEARLY EXPLAINED AT THE BEGINNING OF HER EXPLANATION, UH, NYX CODE 54 19 WHICH RELATES TO OTHER PROFESSIONAL SCIENTIFIC AND TECHNICAL SERVICES IS THE SEC IS THE SECTOR THAT IS APPLICABLE TO VETERINARY SERVICES IN THIS INSTANCE, YOU CAN GO ON GOOGLE, YOU CAN LOOK IT UP AS I DID AND YOU'LL SEE THAT IT QUITE PLAINLY HAS IT THERE. 
          SO WHILE IT'S NOT THAT'S MAJOR POINT OF ORDER, WHILE IT'S NOT IN THE CODE ITSELF EXPLICITLY AS VETERINARY SERVICES, ONE ONLY NEEDS TO GO TO THAT SPECIFIC SECTION, DISTILL IT DOWN AND THEY WILL FIND IT THERE. 
          THANK YOU VERY MUCH. 
          A POINT OF ORDER WE WILL NOT SHOUT OUT IN THE COUNCIL MEETING IS NOT IS A POINT OF ORDER. 
          THAT'S NOT SHOUTING OUT. 
          IT'S A DISRUPTION OF THE MEETING. 
          NO MA'AM. 
          IT'S NOT, IT'S TO CLARIFY HIS POINT. 
          I BACK THAT UP. 
          THERE IS A DISRUPTION OF THE MEETING. 
          OKAY MA'AM, WE WILL MOVE FORWARD WITH ANY FURTHER OF ARREST. 
          IS IT THREAT OF ARREST, SIR? YOU IT WAS A POINT OF ORDER IS NOT OKAY. 
          SO IT'S UNDER THREAT OF ARREST. 
          THAT'S, THAT'S ALL WE NEED TO KNOW IS THREAT OF ARREST THAT WAS A POINT OF ORDER IS NOT A VIOLATION OR AN INTERRUPTION WHENEVER ONE IS UNDER ROBERT'S RULES BOARD IS WHAT CONTINUING TO DISRUPT THE MEETING AT THIS POINT IF THEY HAVE ANY FURTHER DISCUSSION AMONG COUNCIL MEMBERS. 
          YEAH, AND JUST, UM, JUST TO GET A LITTLE BIT OF CLARIFICATION AS FAR AS THE NEXT CODE. 
          AND SO CAN YOU, CAN YOU KIND OF EXPOUND ON THE NEXT CODE, UM, WHERE THAT IS FOUND AND KIND OF WHAT THE NIX CODE IS DESIGNED TO DO? JUST TO, JUST TO GIVE SOME CLARIFICATION ON THAT SO THAT WAY ALSO, I MEAN IF WE'RE LOOKING THESE THINGS UP THAT ANYBODY HERE UH, CAN ALSO GO ON AND VERIFY THE, THE SAME THING. 
          YES SIR. 
          THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 5 0 1 LISTS SNAKES CODES THAT THE STATE DEFINES AS PRIMARY JOBS THAT TYPE A DEVELOPMENT CORPORATIONS CAN INCENTIVIZE. 
          UM, AS THE CITY ATTORNEY MENTIONED, THE SECTOR 5 4 1 9 
          [00:30:02]
IS LISTED AND VETERINARY HOSPITALS FALL UNDER THAT SECTOR AS 5 4 1 9 4 0. 
          SO IT IS EXPLICITLY LISTED AS A PERMISSIBLE USE OF FUNDS BY THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 5 0 1, WHICH IS ON ITS ENTIRETY ON THE INTERNET. 
          I BELIEVE IT'S THE SECRETARY OF STATE. 
          BUT IF YOU GOOGLE TEXAS LOCAL GOVERNMENT CODE CHAPTER 5 0 1, IT'S THE FIRST RESULT. 
          GREAT. 
          ANY FURTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? ALRIGHT, SEEING NONE THEN I WILL LOOK FOR YOUR ACTION ON ITEM NUMBER 15. 
          COUNCIL MEMBER BURKES. 
          WE HAVE A MOTION FROM COUNCILWOMAN BURKES, A SECOND FROM COUNCILMAN STUBBS FROM EVERYONE BUT FROM COUNCILMAN STUBBS. 
          UH, IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          AND AS WE SAID, WE'RE PULLING ITEM 17 THROUGH 20 SO THAT THEY CAN BE FURTHER REVIEWED AND WILL BE BROUGHT BACK IN THE FUTURE MEETING. 
          SO THAT CONCLUDES THE CONSENT AGENDA. 
          WE'LL MOVE FORWARD TO SECOND READINGS. 
          [24. 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 (FIRST READING HELD APRIL 14, 2026) (DISTRICT: 2)  (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
FOR THOSE OF YOU THAT ARE NEW TO OUR MEETINGS, WE'VE ALREADY CONSIDERED THESE ITEMS IN A PREVIOUS MEETING AND SO THERE WILL OFTEN IS NOT AS MUCH DISCUSSION HERE BECAUSE WE'VE ALREADY REVIEWED THEM. 
          UH, BUT WE'LL MOVE FORWARD WITH SECOND READINGS AND I'D LIKE TO CALL ITEM NUMBER 24 AT THIS TIME AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT SEVEN BLOCK 22 HOMESTEAD EDITION CITY AND COUNTY IN 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 THREE SINGLE FAMILY DWELLING DISTRICT CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING RECORDATION BY THE CITY SECRETARY AND THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION. 
          THANK YOU VERY MUCH. 
          WE HAVE A MOTION FROM COUNCILMAN NORMAN. 
          WE HAVE A SECOND FROM COUNCILWOMAN BURS. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          COUNCIL MEMBER AMY? OH YES, DID YOU I IT POPPED UP. 
          OKAY, SORRY. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          ITEM 25, PLEASE. 
          [25. 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 (FIRST READING HELD APRIL 14, 2026) (DISTRICT: 2)  (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
IN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT SEVEN BLOCK 22 HOMESTEAD EDITION, CITY AND COUNTY IN MIDLAND, TEXAS FROM C COMMERCIAL DISTRICT TO SF THREE 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 INABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. 
          THANK YOU VERY MUCH. 
          WE HAVE A MOTION FROM COUNCILMAN NORMAN AND THE SECOND FROM COUNCILWOMAN BURKES. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          ITEM NUMBER 26 PLEASE. 
          [26. 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 (FIRST READING HELD APRIL 14, 2026) (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT FIVE AND THE WEST 36 FEET OF LOT SIX BLOCK TWO. 
          THE BEDFORD PLACE, CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF 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 REAR YARD SETBACK CONTAINING COMMUNITY CLAUSE CONTAINING THE SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000. 
          ORDERING RECORDATION BY THE CITY SECRETARY AND THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION. 
          THANK YOU. 
          DO WE HAVE ACTION FROM COUNCIL ON ITEM 26 NOVEMBER? MOTION FROM COUNCIL MEMBER AND A SECOND FROM COUNCILWOMAN POOL. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          ITEM 27 PLEASE. 
          [27. 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 (FIRST READING HELD APRIL 14, 2026) (DISTRICT: 3)  (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
AN ORDINANCE OF AMENING, THE ZONING DISTRICT MAP OF THE CITY MID GRANT. 
          A SPECIFIC USE DESIGNATION WITH TERM FOR THE LOTS. 
          ONE THROUGH FOUR BLOCK 45 COWDEN EDITION, CITY AND COUNTY IN MIDLAND, TEXAS. 
          GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTH BIG SPRING STREET AND LYDEN AVENUE, WHICH IS PRESENTLY ZONE RR REGIONAL RETAIL DISTRICT. 
          ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON-PREMISES CONSUMPTION, MAKING SAID DESIGNATION, SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. 
          THANK YOU VERY MUCH. 
          WE HAVE A MOTION FROM COUNCILMAN BURKES. 
          WE HAVE A SECOND FROM COUNCILMAN BUR HOLDER. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          ITEM 28 PLEASE. 
          AND 
          [28. 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 (FIRST READING HELD APRIL 14, 2026) (DISTRICT: 2)  (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND. 
          GRANT, A SPECIFIC USE DESIGNATION WITH TERM FOR A 3,800 SQUARE FOOT PORTION OF LAP SIX A BLOCK, TWO ARM ROUTE ADDITION. 
          SECTION SIX, CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED AT THE WEST SIDE OF RANKIN HIGHWAY, APPROXIMATELY 250 FEET NORTH OF CRUMP STREET, WHICH IS PRESENTLY ZONE PD PLAN DEVELOPMENT DISTRICT FOR A SHOPPING CENTER, ALLOWING SAID PROPERTY BES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON-PREMISES 
          [00:35:01]
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 $2,000 AND ORDERING PUBLICATION. 
          THANK YOU VERY MUCH. 
          WE HAVE A MOTION FROM COUNCILMAN BURKES, A SECOND FROM COUNCILMAN NORMAN IF THERE'S NO FURTHER DISCUSSION, LET'S WAIT. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          WE'LL MOVE FORWARD TO PUBLIC HEARINGS 
          [29. 10753 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 5,600-SQUARE-FOOT PORTION OF LOT 6A, BLOCK 62, BELMONT ADDITION, SECTION 23, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF EAST INTERSTATE 20, APPROXIMATELY 475 FEET WEST OF SOUTH TERRELL STREET), WHICH IS PRESENTLY ZONED BP, I-20 BUSINESS PARK DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ONPREMISES 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)]
AND ITEM 29, PLEASE. 
          IN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY MID TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 5,600 SQUARE FOOT PORTION OF LOT SIX A BLOCK 62 BELMONT EDITION, SECTION 23, CITY AND COUNTY, MIDLAND, TEXAS, GENERALLY LOCATED ON NORTH SIDE OF INTERSTATE 20, APPROXIMATELY 475 FEET WEST OF SOUTH TERRELL STREET, WHICH IS PRESENTLY ZONED BPI 20 BUSINESS PARK DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES AND A RESTAURANT FOR A NON PREMISES CONSUMPTION MAKING SAID DESIGNATION, SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HERE CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR MAXIMUM PENALTY YOUR FINE OF $2,000 AND ORDERING PUBLICATION. 
          GOOD MORNING, ELIZABETH RIGGS, PLANNING AND DEVELOPMENT OFFICER. 
          UM, THIS IS A SPECIFIC USE DESIGNATION REQUEST FOR THE SALE AND ONSITE CONSUMPTION OF ALCOHOL AT A NEW RESTAURANT LOCATED AT 5 0 3 EAST I 20. 
          UH, THERE WAS FORMERLY A RESTAURANT LOCATED HERE, UM, TEXAS FAUX BAR AND GRILL. 
          UM, JUST A FEW THINGS. 
          THE HOURS OF OPERATION AND THE SALES OF ALCOHOL DO MATCH ONE ANOTHER. 
          HERE'S A LOOK AT THE SITE PLAN. 
          THE ZONING DOES ALLOW FOR THIS USE. 
          HERE'S A LOOK AT THE, UM, TENANT SPACE. 
          UM, COMPREHENSIVE PLAN ALLOWS AND THERE ARE NO, UM, RESTRICTIONS WITHIN THE AREA. 
          NO OBJECTIONS WERE RECEIVED DURING THE PUBLIC NOTIFICATION PROCESS AND STAFF DOES RECOMMEND APPROVAL. 
          THANK YOU VERY MUCH. 
          ANY QUESTIONS FROM COUNCIL MEMBERS FOR STAFF? ALL RIGHT, THIS IS A PUBLIC HEARING. 
          I'LL OPEN THE PUBLIC HEARING. 
          WE HAVE NO REQUEST TO SPEAK ON THIS ITEM AND SO I WILL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION FROM COUNCIL OR ANY FURTHER DISCUSSION. 
          WE HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN MEMBER BURS. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          ITEM NUMBER 30 
          [30. 10754 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 1,933-SQUARE-FOOT PORTION OF LOT 5A, BLOCK 1, GATEWAY PLAZA, SECTION 12, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF STARBOARD DRIVE AND LIBERTY DRIVE), 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: 4)  (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
PLEASE. 
          AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND SPECIFIC USE DESIGNATION WITH TERM FOR A 1,933 SQUARE FOOT PORTION OF BLOCK FIVE A BLOCK, ONE GATEWAY PLAZA, SECTION 12, CITY AND COUNTY IN MIDLAND, TEXAS. 
          GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF STARBOARD DRIVE AND LIBERTY DRIVE, WHICH IS PRESENTLY ZONED RRR REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY ABUSE 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 ACCUMULATIVE PLAZA CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. 
          THIS IS ALSO A SPECIFIC USE DESIGNATION FOR THE SALE AND ONSITE CONSUMPTION OF ALCOHOL FOR A RESTAURANT LOCATED AT 57 0 1 STARBOARD DRIVE. 
          UM, KEY TO THIS ONE IS THAT, UM, THERE IS AN EXISTING SUD ON IT, HOWEVER, UM, CHANGES ARE BEING REQUESTED TO ALLOW FOR, UM, THE SALE AND AND CONSUMPTION ON SUNDAYS AND ALSO IT CHANGED THE SITE PLAN AND SQUARE FOOTAGE. 
          UM, AGAIN, THE ZONING ALLOWS FOR THIS. 
          HERE'S A LOOK AT THE PROPERTY ITSELF. 
          UH, COMPREHENSIVE PLAN SUPPORTS AND THERE ARE NO CONFLICTS. 
          UM, WITH RESPECT TO RESTRICTED USES NEARBY. 
          NO OBJECTIONS WERE RECEIVED AND STAFF DOES RECOMMEND APPROVAL. 
          THANK YOU VERY MUCH. 
          ANY QUESTIONS FOR STAFF ON THIS ONE? SEEING NONE, I'LL OPEN THE PUBLIC HEARING. 
          WE HAVE NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTIONS OR FURTHER COMMENT FROM COUNCIL. 
          I HAVE A MOTION FROM COUNCILMAN BURKHOLDER, A SECOND FROM COUNCILMAN EBS. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          LET'S 
          [31. 10755 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR THE SOUTH 100 FEET OF LOT 4, BLOCK 17, HALEY HEIGHTS ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF RANKIN HIGHWAY AND WEST TAYLOR 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: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
MOVE ON TO ITEM 31 PLEASE. 
          AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND GRANT, A SPECIFIC USE DESIGNATION WIDTH TERM FOR THE SOUTH 100 FEET OF LOT FOUR BLOCK 17. 
          HALEY HEIGHTS EDITION CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF RANKIN HIGHWAY AND WEST TAYLOR AVENUE, WHICH IS PRESENTLY RR REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE 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 PROVIDED FOR A MAXIMUM PENALTY OR FINAL OF $2,000 AND ORDERING PUBLICATION. 
          THANK YOU. 
          GOOD MORNING. 
          ANOTHER SPECIFIC USE DESIGNATION, UM, FOR A RESTAURANT THAT IS CURRENTLY EXISTING ON 1422 RANKIN HIGHWAY. 
          THIS RESTAURANT DOES NOT CURRENTLY SERVE ALCOHOL AND WOULD LIKE TO BE ABLE TO DO SO. 
          UM, HERE ARE THE HOURS, UH, OPERATION AND THE SALES OF ALCOHOL. 
          UM, AND THEN HERE IS THE, A LOOK AT THE RESTAURANT SITE PLAN ITSELF AND THE ZONING DOES ALLOW FOR THIS USE. 
          HERE'S A LOOK AT THE RESTAURANT COMPREHENSIVE PLAN SUPPORTS. 
          UM, THERE ARE NO CONFLICTS AND NO 
          [00:40:01]
OBJECTIONS WERE RECEIVED DURING THE PUBLIC NOTIFICATION PROCESS. 
          STAFF DOES RECOMMEND APPROVAL. 
          THANK YOU VERY MUCH. 
          ANY QUESTIONS FOR ELIZABETH? SEEING NONE, I'LL OPEN THE PUBLIC HEARING. 
          WE HAVE NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION OR FURTHER COMMENT FROM COUNCIL. 
          WE HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILWOMAN BURKES. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          HOLD ON ONE MOMENT. 
          IT THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          LET'S MOVE ON TO ITEM 
          [32. 10756 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 4.497-ACRE TRACT OF LAND OUT OF LOT 10, BLOCK 7, WESTRIDGE PARK ADDITION, SECTION 39, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR A SHOPPING CENTER TO RR, REGIONAL RETAIL DISTRICT (GENERALLY LOCATED ON THE NORTH SIDE OF DEAUVILLE BOULEVARD, APPROXIMATELY 285 FEET WEST OF GRIFFITH DRIVE); 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: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
32 PLEASE. 
          AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO ARIZONA. 
          4.497 ACRE TRACT LAND OUT OF LOT 10 BLOCK SEVEN. 
          WESTRIDGE PARK EDITION, SECTION 39, CITY AND COUNTY IN MIDLAND, TEXAS FROM PD PLAN DEVELOPMENT DISTRICT FOR A SHOPPING CENTER TO RR REGIONAL RETAIL DISTRICT. 
          GENERALLY LOCATED AT THE NORTH SIDE OF DOGO BOULEVARD, APPROXIMATELY 285 FEET WEST OF GRIFFITH DRIVE CONTAINING CUMULATIVE CLAUSE CONTAINING A SAVINGS AND SEPARABILITY CLAUSE PROVIDED FOR A MAXIMUM PENALTY OR FINE OF $2,000 IN ORDERING PUBLICATION. 
          GOOD MORNING. 
          UM, THIS IS THE ZONE CHANGE REQUEST FOR THE PROPERTY AT 60 23 ANDREWS HIGHWAY. 
          UM, TO FACILITATE THE DEVELOPMENT OF DAVE AND BUSTERS AT THE SITE, UM, THE REQUEST IS SPECIFICALLY TO GO FROM A PLAN DEVELOPMENT DISTRICT FOR ABOUT FOUR AND A HALF ACRE SITE, UM, TO, UH, REGIONAL RETAIL TO ALLOW FOR THIS USE. 
          A FEW THINGS JUST TO KEEP IN MIND. 
          THE CURRENT ZONING ON THE PROPERTY, UM, LOOKS AT A MUCH LARGER SITE AND, UM, CONTEMPLATED THAT SITE BEING DEVELOPED BY ONE DEVELOPER. 
          UM, AND AS A RESULT, THE ORDINANCE REQUIRES THINGS LIKE A TRAFFIC IMPACT STUDY FOR THE ENTIRE SITE. 
          UM, A MASTER ZONING, A MASTER SIGN PLAN, A LANDSCAPE PLAN FOR THE ENTIRE SITE IN THIS CASE, UM, WE HAVE A USER WHO'S COMING IN TO DO THIS PIECE OF IT AND SO IT'S VERY DIFFICULT FOR THEM TO THEN TAKE ON THE TRAFFIC IMPACT STUDY FOR THE ENTIRE SITE WHEN THEY DON'T CONTROL THAT. 
          AND THAT'S THE REASON FOR THE REQUEST TO REZONE TO REGIONAL RETAIL. 
          UM, HERE'S A LOOK AT THE SITE. 
          IT'S CURRENTLY UNDEVELOPED. 
          AGAIN, IT'S JUST SOUTH OF HIGHWAY 1 91. 
          UM, THE ZONING, YOU DO SEE, UM, ZONING AROUND IT THAT SUPPORTS IT. 
          AND AGAIN, THAT PD REMAINS IN PLACE ON THE REST OF THE PROPERTY, WHICH SUPPORTS COMMERCIAL USES. 
          UM, AND THEN, UH, YOUR NEXT ITEM ON THE AGENDA IS RELATED TO THE SAME, UM, PROPERTY. 
          YOU'LL SEE AN SUD FOR THE ONSITE, UM, SALE AND CONSUMPTION OF ALCOHOL. 
          NO OBJECTIONS WERE RECEIVED DURING OUR PUBLIC NOTIFICATION PROCESS. 
          THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL AND STAFF ALSO RECOMMENDS APPROVAL OF THIS REQUEST. 
          THANK YOU. 
          ANY QUESTIONS? I JUST HAD, I JUST HAD, I JUST HAD ONE. 
          UM, SO TALKING ABOUT THE LARGER SITE, WHICH UM, AGAIN, THIS IS ALREADY KIND OF A HIGH TRAFFIC AREA, AT WHAT POINT DO WE HOLD THAT DEVELOPER TO DOING THE TRAFFIC STUDIES AND THE IMPACT STUDIES? 'CAUSE THERE'S ANOTHER 2223 ACRES THAT'S AVAILABLE. 
          CORRECT. 
          UM, SO HOW DO WE KIND OF MAKE SURE THAT WE DO THAT MOVING FORWARD? I, SO I THINK THE NEXT STEP, IT'S IMPORTANT TO HAVE A CONVERSATION WITH THE DEVELOPER ABOUT THE INTENT AND WHAT IT LOOKS LIKE FOR THE REST OF THE SITE TO BE DEVELOPED. 
          I WILL SAY, UM, IT'S IMPORTANT TO NOTE THAT IN ADDITION, ALTHOUGH THE CITY DOES NOT CONTROL THESE THINGS, THERE ARE, UM, COVENANTS, DEED RESTRICTIONS ON IT, UM, THAT HOLD THE DEVELOPER TO SOME OF THOSE DESIGN STANDARDS. 
          SO I THINK THAT'S AN IMPORTANT COMPONENT TO NOTE TOO. 
          OKAY, THANK YOU. 
          WELL, AND THE OTHER THING TOO, THE, THE PLAT THAT, UH, THAT YOU CURRENTLY THAT SHOWED IT ACTUALLY SHOWS IT'S ENCOMPASSING A PARKING LOT THAT'S OVER THERE. 
          SO, UM, IS THAT'S SOMETHING THAT IS, WAS THAT A, A MISTAKE IN THE PLAT ITSELF OR IS THAT JUST GONNA BE A, A SHARED PARKING LOT BETWEEN DAVE AND BUSTER'S AND THE, THE BUILDING NEXT TO IT? SO ACCORDING TO MCAT, THAT THAT PARKING LOT'S IN ON THIS PROPERTY, THE PARKING LINE GOES THROUGH THE MIDDLE OF THAT PARKING LOT. 
          SO I THINK IT'LL JUST BE SOMETHING THAT'S WORKED TOGETHER. 
          WHEN YOU LOOK AT THE SITE PLAN FOR DAVE AND BUSTERS ITSELF, THIS IS CONTINUED PARKING AND THERE'S ADDITIONAL PARKING THAT'S OKAY TO THE WEST. 
          WELL, I WASN'T SURE IF THE DEVELOPERS THEY PLAN ON DEVELOPING OF THAT, IF THERE WAS GONNA BE MULTIPLE SHARED PARKING LOTS AND THAT WAS JUST SOMETHING THAT BLED OVER. 
          YEP. 
          I I DO WANNA BE CLEAR HERE, THESE ARE ZONING CHANGES, CORRECT? SO WE WANNA MAKE SURE THAT WE DO TALK ABOUT WHAT WE NEED TO TALK ABOUT HERE, BUT LET'S REMEMBER THAT WE'RE JUST REZONING RIGHT NOW. 
          UH, WE'LL HAVE SOME FURTHER BITES AT THE APPLE TO HAVE FURTHER DISCUSSION. 
          THERE'S ALSO A BOARD THAT IS OVER THIS DEVELOPMENT THAT HELPS TO MAKE GOOD DECISIONS FOR DESIGN AND SOME OF THOSE THINGS. 
          SO THOSE, ALL OF THAT WILL HAVE TO GO BEFORE THAT BOARD AS WELL. 
          SO GOOD DISCUSSION, JUST WANNA MAKE THAT CLEAR. 
          CORRECT. 
          ANY OTHER QUESTIONS OR DISCUSSION AMONG COUNSEL? ALRIGHT, THEN I WILL OPEN THE PUBLIC HEARING. 
          WE DO HAVE TWO REQUESTS TO SPEAK, BUT THEY SAY ONLY IF NEEDED. 
          SO I, I DON'T KNOW THAT WE HAVE ANY QUESTIONS FOR THEM. 
          UM, SO WE WILL GO AHEAD AND CLOSE THE PUBLIC HEARING AND GO FORWARD 
          [00:45:01]
LOOKING FOR YOUR ACTION. 
          WE HAVE A MOTION FROM COUNCILMAN BUR BERKHOLDER AND A SECOND FROM COUNCILMAN STUBBS. 
          IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          WE'LL MOVE FORWARD 
          [33. 10757 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 25,016-SQUARE FOOT PORTION OF A 4.497-ACRE TRACT OF LAND OUT OF LOT 10, BLOCK 7, WESTRIDGE PARK ADDITION, SECTION 39, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF DEAUVILLE BOULEVARD, APPROXIMATELY 285 FEET WEST OF GRIFFITH DRIVE), 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: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
TO ITEM NUMBER 33, PLEASE. 
          IN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRAND DISTRICT USE DESIGNATION FIFTH TERM FOR A TWO 25,016 SQUARE FOOT PORTION OF A 4.497 ACRE TRACT OF LAND OUT OF LOT 10, BLOCK SEVEN, WESTRIDGE PARK EDITION, SECTION 39, CITY AND COUNTY IN MIDLAND, TEXAS. 
          GENERALLY LOCATED ON THE NORTH SIDE OF DOBO BOULEVARD, APPROXIMATELY 285 FEET WEST OF GRIFFITH DRIVE, WHICH IS PRESENTLY ZONE RR REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON-PREMISES CONSUMPTION, MAKING SAID DESIGNATION, SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING A CU CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDER IN PUBLICATION. 
          GOOD MORNING. 
          THIS IS A SPECIFIC USE DESIGNATION REQUEST THAT IS ASSOCIATED WITH THE DAVE AND BUSTERS AT THE SAME SITE. 
          UM, HERE'S A LOOK AT THE HOURS OF OPERATION, UM, AND THE SALES OF ALCOHOL MATCHES THOSE HOURS OF OPERATION. 
          THIS IS SIMILAR TO WHAT SYNERGY REQUESTED PREVIOUSLY, UM, TO ALLOW THE SALES OF ALCOHOL TO MATCH THEIR HOURS OF OPERATION. 
          UM, AGAIN, JUST A QUICK LOOK AT THE SITE. 
          UM, THE COMPREHENSIVE PLAN DOES SUPPORT THIS USE. 
          I I WANT TO TALK A LITTLE BIT ABOUT PROHIBITED PLACES OF BUSINESS NEARBY. 
          UM, OUR CODE IS VERY SPECIFIC THAT NO PUBLIC SCHOOLS CAN BE WITHIN, UM, 300 FEET AND THAT MEASUREMENT IS FRONT DOOR TO FRONT DOOR ALONG THE PROPERTY LINES, SO IT'S NOT A, AS A CROW FLIES. 
          UM, THAT BEING SAID, THERE IS A PRIVATE, UM, SCHOOL AND DAYCARE CLOSE BY. 
          HERE'S A LOOK AT THAT. 
          UM, AGAIN, THE RULE IS 300 FEET IF IT DID APPLY, WHICH, UM, IT DOES NOT BECAUSE THIS IS PRIVATE, BUT IF IT DID, UNDERSTANDING IT'S A SIMILAR USE. 
          UM, THIS FROM FRONT DOOR TO FRONT DOOR ALONG THE PROPERTY LINES IS WELL OVER 300 FEET AT 1,240 FEET. 
          NOT SQUARE FEET AS IT'S NOTED HERE, BUT 1,240 FEET. 
          SO IT DOES MEET THAT MINIMUM REQUIREMENT. 
          IF, IF THIS SECTION OF THE CODE DID APPLY, UM, NO, NO OBJECTIONS WERE RECEIVED. 
          THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL, ALTHOUGH THERE WAS DISCUSSION ABOUT THE SCHOOL. 
          UM, AND STAFF ALSO RECOMMENDS APPROVAL OF THIS REQUEST GIVEN THAT IT MEETS THAT THAT MINIMUM 300 FOOT, UH, REQUIREMENT. 
          AND WE'RE HAPPY TO TAKE ANY QUESTIONS THAT YOU MAY HAVE. 
          ANY QUESTIONS? ALRIGHT, SEEING NONE, I'LL OPEN THE PUBLIC HEARING AGAIN. 
          WE HAVE TWO THAT HAVE ASKED TO SPEAK ONLY IF NEEDED. 
          I DON'T BELIEVE WE HAVE ANY QUESTIONS FOR THEM. 
          AND SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION OR FURTHER DISCUSSION FROM COUNSEL. 
          I THINK IT WAS IMPORTANT YOU MENTIONED THERE WAS ANOTHER GROUP THAT WOULD LOOK AT THAT KIND OF, AND SO THAT, BECAUSE THAT IS, THAT IS A CONCERN FOR SOME MEMBERS OF THE COMMUNITY, BUT THERE WILL BE ANOTHER LOOK AT IT. 
          YES. 
          YES. 
          AND, AND THEY ORIGINALLY, WHEN THEY PLANNED THIS DEVELOPMENT YEARS AGO, THAT WAS PART OF THE CONVERSATION THERE TO HAVE AN EXTRA SET OF EYES TO, TO HELP GOVERN WHAT GOES THERE. 
          SO YES, FURTHER, FURTHER DISCUSSION TO COME. 
          ALRIGHT, ANY OTHER DISCUSSION ON THIS THEN I'LL LOOK FOR YOUR ACTION. 
          WE HAVE A MOTION FROM COUNCILMAN STUBBS. 
          WE HAVE A SECOND FROM COUNCILWOMAN POOL. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          WE'LL MOVE FORWARD TO ITEM 34, 
          [34. 10758 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE THE MIDDLE 50 FEET OF LOT 2, BLOCK 73, ORIGINAL TOWN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM LI, LIGHT INDUSTRIAL DISTRICT TO SF-3, SINGLE-FAMILY DWELLING DISTRICT (GENERALLY LOCATED ON THE WEST SIDE OF SOUTH MARSHALL STREET, APPROXIMATELY 95 FEET NORTH OF EAST MISSOURI 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 REZONE THE MIDDLE 50 FEET OF LOT TWO BLOCK 73 ORIGINAL TOWN. 
          ADDITION CITY AND COUNTY OF MIDLAND, TEXAS FROM ALLY LIGHT INDUSTRIAL DISTRICT TO SF THREE SINGLE FAMILY DWELLING DISTRICT, GENERALLY LOCATED ON THE WEST SIDE OF SOUTH MARSHALL STREET, APPROXIMATELY 95 FEET NORTH OF EAST MISSOURI AVENUE, CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. 
          SO THIS IS A ZONE CHANGE REQUEST TO, UM, GO FROM LIGHT INDUSTRIAL TO SF THREE TO ALLOW FOR THE DEVELOPMENT OF A NEW SINGLE FAMILY RESIDENCE. 
          UM, YOU CAN SEE SIMILAR TO MANY OF THE AREAS IN DISTRICT TWO, THIS LOT IS NATURALLY SET UP TO SERVE A SINGLE FAMILY RESIDENCE. 
          IT WAS JUST REZONED IN A WAY THAT IS NOT CONDUCIVE TO THAT. 
          AND SO WE'RE CORRECTING THAT NOW. 
          UM, HERE'S A LOOK AT THE PROPERTY ITSELF. 
          HERE'S A LOOK AT THE SURROUNDING USES, PRIMARILY SINGLE FAMILY RESIDENTIAL. 
          SO THIS CERTAINLY MATCHES THE CHARACTER OF THE EXISTING NEIGHBORHOOD. 
          UM, NO OBJECTIONS WERE RECEIVED DURING THE NOTIFICATION PROCESS AND WE DO RECOMMEND APPROVAL. 
          THANK YOU VERY MUCH. 
          DO WE HAVE ANY QUESTIONS FROM COUNCIL MEMBERS? FOR STAFF? SEEING NONE, I'LL OPEN THE PUBLIC HEARING. 
          WE HAVE NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION OR FURTHER DISCUSSION FROM COUNCIL MEMBERS. 
          DO WE HAVE, DO WE HAVE A MOTION? MOTION FROM COUNCILMAN NORMAN? A SECOND FROM COUNCILMAN HOLDER? SORRY, I MUST HAVE MISSED IT. 
          [00:50:02]
IF THERE IS NO FURTHER DISCUSSION THEN LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          ITEM 
          [35. 10759 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE BLOCK 69, EAST MIDLAND ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM C, COMMERCIAL DISTRICT TO SF-2, SINGLE-FAMILY DWELLING DISTRICT (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EAST CUTHBERT AVENUE AND NORTH TILDEN STREET); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
35, PLEASE. 
          IN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY IN MIDLAND TO REZONE BLOCK 69 EAST MIDLAND EDITION CITY AND COUNTY IN MIDLAND, TEXAS, FROM C COMMERCIAL DISTRICT TO SF TWO SINGLE FAMILY DWELLING DISTRICT, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EAST CUSWORTH AVENUE AND NORTH TILDEN STREET CONTAINING HUMAN CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDED FOR A MAXIMUM PENALTY OR FINE OF $2,000. 
          AND ORDERING PUBLICATION. 
          GOOD MORNING. 
          THIS IS A REZONE REQUEST TO MOVE FROM COMMERCIAL TO SINGLE FAMILY. 
          UM, SF TWO SINGLE FAMILY RESIDENTIAL TO ALLOW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AT 1901 EAST CUTHBERT STREET. 
          HERE'S A LOOK AT THE PROPERTY ITSELF. 
          UM, THE PROPERTY'S CURRENTLY VACANT AND SO AGAIN, THIS WOULD ENABLE THE DEVELOPMENT OF ONE SINGLE FAMILY, UH, RESIDENTIAL HOME ON THE PROPERTY. 
          YOU CAN SEE TO THE WEST THERE ARE, UM, RESIDENTIAL USES. 
          AND THEN I'LL SHOW YOU THE LAND USES TO THE SOUTH. 
          UM, AND THE EAST YOU CAN SEE IT, IT'S A BIT OF A MIX WITH SOME INDUSTRIAL TO THE EAST, BUT AGAIN, THERE'S SINGLE FAMILY, UM, TO THE WEST AND EVEN TO THE SOUTH OF THE PROPERTY. 
          HERE'S A LOOK AT THE PROPERTY CURRENTLY VACANT. 
          UM, THE COMPREHENSIVE PLAN DOES SUPPORT THIS USE. 
          IT ALLOWS FOR A MIX OF DIFFERENT USES INCLUDING SINGLE FAMILY TOWNHOUSES, SCHOOLS, COMMERCIAL, IT'S A MIXED AREA. 
          UM, ONE OBJECTION WAS RECEIVED FROM THE PROPERTY OWNER. 
          THIS IS THE INDUSTRIAL USE, UM, TO THE EAST. 
          UM, AND THE PRIMARY CONCERN THERE WAS JUST ABOUT, UM, THE NEED FOR PUBLIC IMPROVEMENTS IN THE AREA. 
          ONE THING I WANNA HIGHLIGHT IS THAT, UM, IF 75% OR MORE OF THE BLOCK DOES NOT HAVE A SIDEWALK, THEN WE DO NOT REQUIRE THE PROPERTY OWNER TO TAKE THAT ON. 
          THAT'S, THAT'S TRUE OF COMMERCIAL OR RESIDENTIAL. 
          UM, SO THAT'S SOMETHING THAT WE WOULD HAVE TO WORK THROUGH EITHER WAY. 
          IN THIS CASE ALSO THE PROPERTY OWNER, UM, THE PROPERTY'S ALREADY PLATTED SO THEY CAN BUILD, UM, SUBJECT TO RECEIVING THAT, THAT BUILDING PERMIT PLATING IS WHERE YOU WOULD NORMALLY LOOK AT THOSE PUBLIC IMPROVEMENTS, AND THAT'S TRUE REGARDLESS OF IF IT WAS ZONE COMMERCIAL OR RESIDENTIAL. 
          UM, THE ZONE CHANGE WAS APPROVED, UM, RECOMMENDED FOR APPROVAL BY THE PLANNING AND ZONING COMMISSION ON, UH, APRIL 20TH. 
          UM, STAFF ADDITIONALLY RECOMMENDS APPROVAL OF THE REQUEST. 
          SO IS THIS SOMETHING THAT WE WOULD NEED TO TAKE ON, LIKE AS YOU MENTIONED, UH, SINCE IT'S NOT REQUIRED FOR THEM TO DO THAT, SO IS THAT SOMETHING THAT WE HAVE PLANS TO DO FOR THIS AREA TO MAKE SURE THE SIDEWALKS ARE IN PLACE? BECAUSE I KNOW THAT THAT'S SOMETHING THAT WE'VE BEEN LOOKING AT QUITE A BIT, UM, WITH, ESPECIALLY IN AREAS WHERE PEOPLE ARE, ARE HEAVILY TRAVELING BY FOOT OR BICYCLE, THINGS OF THAT SORT AND MAKING SURE THOSE THINGS ARE IN PLACE. 
          AND I KNOW WE HAVE THE COMPASS PROGRAM THAT WE'RE WORKING ON SOME STUFF JUST RIGHT OUTSIDE OF A BUNCH ELEMENTARY COMING UP HERE BEFORE TOO LONG. 
          SO JUST LOOKING AS AS WE'RE MOVING FORWARD, I MEAN, ULTIMATELY WE WANNA MAKE SURE THAT PEOPLE ARE NOT WALKING IN THE STREET. 
          IF THIS IS A HIGHLY TRAFFICKED AREA, COUNCILMAN. 
          AND THAT'S A VERY VALID POINT AND, AND A LEGITIMATE CONCERN. 
          AND WE'VE HAD THIS CONCERN THROUGHOUT THIS PORTION OF THE CITY. 
          THIS IS AN AREA THAT IS A CANDIDATE FOR A COMPASS TYPE PROJECT. 
          WE HAD A COMPASS PROJECT JUST NORTH OF HERE TO DEVELOP. 
          REALLY THE INCENTIVE IS TO DEVELOP UNDEVELOPED PLANET LOTS. 
          SO THIS WOULD BE ANOTHER CANDIDATE THAT CAN DO THAT. 
          THIS ONE'S A A LITTLE BIT MORE COMPLEX BECAUSE WE HAVE SOME FLOODPLAIN ISSUES FURTHER SOUTH OF HERE, SO WE'RE GONNA HAVE TO LOOK AT THE ENTIRE PROFILE OF TILDEN, BUT IT DOESN'T IMPACT THIS DEVELOPMENT. 
          UH, BUT I SAY ALL THAT BECAUSE AT THE END OF THE DAY, WHATEVER HAPPENS SOUTH OF THE MULBERRY DRAW WILL HAVE AN IMPACT IN THIS PROFILE. 
          SO WE WOULDN'T WANT TO HAVE CURVE AND SIDEWALK PUT IN JUST TO HAVE IT RIPPED OUT BECAUSE OF A FUTURE PROJECT. 
          SO WE ARE LOOKING AT THAT AS A PROJECT, WE'RE JUST NOT QUITE THERE YET. 
          SO, SO BUILDING ON THAT JUST A LITTLE BIT, IT LOOKS LIKE THERE'S EASEMENTS BETWEEN THESE PROPERTIES. 
          DOES, DOES THE CITY OF MIDLAND HAVE THOSE? IF YOU LOOK AT THE MCAD MAPS, UM, AND THEN, AND THEN THERE'S SOME RESIDENTIAL AND I THINK HABITAT FOR HUMANITY OWNS THE LAND FURTHER SOUTH OF THAT. 
          SO THERE'S DEFINITELY FUTURE RESIDENTIAL STUFF COMING UP. 
          IS IS THAT SOMETHING THAT WE CAN START ENFORCING ON THIS PROPERTY BECAUSE WE KNOW IT'S COMING AND, AND THERE'S ACTUALLY SOME EASEMENTS THERE TOO THAT WE NEED TO FIGURE OUT. 
          SO THERE IS A, WHAT'S THE WORD I'M LOOKING FOR? THERE'S, THERE'S A PARTNERSHIP HERE WITH, I THINK HABITAT FOR HUMANITIES MAY HAVE OWNERSHIP NOW OF SOME OF THESE LOTS FURTHER, FURTHER SOUTH, EAST AND SOUTH. 
          SO COLLECTIVELY THAT ENTIRE DEVELOPMENT WILL HAVE TO LOOK AT MORE CONTENT, YOU KNOW, BASICALLY COMPREHENSIVELY. 
          AND SO AGAIN, THIS PROJECT ITSELF WON'T HAVE AN IMPACT ON THAT. 
          BUT YOU, YOU BRING UP A GOOD POINT. 
          WE WILL TAKE A LOOK AT ALL THE EASEMENTS AND THE RIGHT OF WAYS THAT, HOW TO BE APPLIED TO, TO, TO MAKE THE OTHER DEVELOPMENT WORK. 
          OKAY. 
          ANY FURTHER DISCUSSION FROM COUNCIL EMON? NO, I UNDERSTAND WHAT YOU'RE SAYING ABOUT THE SIDEWALKS, BUT I THINK WITH OUR DEVELOPERS WE NEED TO BE LOOKING INTO REQUIRING THAT AS PART OF IT BECAUSE LIKE WE'RE HAVING TO USE THE COMPASS PROGRAM AND OTHER THINGS AND I THINK THAT SHOULD BE PART OF THESE PROJECTS GOING FORWARD. 
          SO WITH 
          [00:55:01]
THIS ONE, I'M A LITTLE UNSURE IF IF IT COULD NOT BE PUT IN ANYWAY. 
          SO CAN YOU KIND OF TOUCH ON WHY IT CAN'T AND THEN ALSO CAN YOU TOUCH ON WHY WE DON'T REQUIRE THAT? THE REASON FOR THIS PARTICULAR PROJECT THAT WE CAN'T ADD SIDEWALKS IS BECAUSE THERE'S NO CURB AND GUTTER NOW. 
          SO IN ORDER TO PUT CURB AND GUTTER, YOU PUT IN SIDEWALKS ON THE BACK OF A CURB. 
          THE OTHER ISSUE WE HAVE IS THAT WE DO HAVE BASICALLY ASPHALT THAT NEEDS TO BE REDONE AND PAVED AGAIN. 
          SO YOU CAN'T PUT THE CURB AND GUTTER IN THE RIGHT LOCATION. 
          SO IT BECOMES OF A VERY, VERY INVOLVED PROCESS. 
          AND AGAIN, BEING THIS PART OF THE CITY, IT IS APPLIED A LOT. 
          OUR GOAL IS TO SEE DEVELOPMENT TAKE GO FORWARD. 
          SO WE WILL AS A CITY MOVE FORWARD WITH THE INFRASTRUCTURE IMPROVEMENTS, BUT THAT'S JUST TOO MUCH TO ASK FOR THIS DEVELOPMENT. 
          YEAH, WE, WE'VE DONE THAT IN, IN DIFFERENT AREAS. 
          UH, LIKE IN, IN THE SOUTH ON UH, UH, WHAT WHAT'S THAT STREET? UH, AROUND THE CARVER? YEAH, CARVER AND ALL OF THAT. 
          YEAH. 
          WHERE WE HAD TO DO THE ASPHALT FIRST AND THEN PUT IN CURB AND GUTTER AND THEN PUT IN SIDEWALKS. 
          SO, UM, TO ASK A DEVELOPER TO THAT, YOU KNOW, WE HAVE TO HAVE ALL THOSE OTHER THINGS IN PLACE. 
          FIRST. 
          I JUST WANNA MAKE SURE YOU'RE GETTING IT IN YOUR DISTRICTS. 
          OH YEAH, THAT'S MY MAIN AT THE END GOAL, MAKING SURE THAT IT IS THERE. 
          YEAH. 
          AND WE'VE BEEN GETTING IT EVEN THOUGH, UM, IT IS JUST, YOU KNOW, POCKETS, UM, THAT WE, THAT WE HAVE TO, UH, DEVELOP AT A TIME. 
          WELL, AND I THINK THAT'S, THAT'S A CONCERN FOR ME IS THOSE COMPASS FUNDS ONLY GO SO FAR AND WAITING AROUND ON COMPASS FUNDS TO, TO PAVE AND PUT SIDEWALKS IN THE SOUTH SIDE. 
          I JUST, I THINK THAT WE NEED TO LOOK AT OTHER WAYS TO EXPEDITE SOME OF THOSE PROJECTS BEYOND COMPASS FUNDS. 
          AND I DO THINK, UH, I'LL JUST HIGHLIGHT IT'S, IT'S A FAIRLY LARGE PROPERTY AND THE INTENT IS JUST ONE SINGLE FAMILY HOME. 
          IF THAT INTENT EVER CHANGES AND UM, THE OWNER CHOOSES TO PUT IN MORE THAN ONE, UM, THEY WILL BE REQUIRED TO REPL. 
          AND AT THAT TIME, UM, YOU KNOW, IF THERE'S ADDITIONAL PUBLIC IMPROVEMENTS THAT NEED TO BE REQUIRED, THAT'S WHEN WE CAN LOOK AT IT A BIT MORE. 
          THERE IS STILL THE CODE, UM, THAT SAYS IF 75% OF THE BLOCK IS NOT, UM, DOES NOT HAVE THE SIDEWALKS, THEN UM, WE DON'T HAVE TO REQUIRE THE THE DEVELOPER TO DO IT. 
          BUT IT'S THAT PLATTING PROCESS THAT REALLY GIVES US THE OPPORTUNITY TO HAVE THE CONVERSATION. 
          ALRIGHT, WELL WITH THAT I WILL OPEN THE PUBLIC HEARING. 
          WE DO HAVE A REQUEST TO SPEAK AND THE REPRESENTATIVE, UM, FROM THE OWNER IS HERE. 
          SO JOHN, LOVE, WOULD YOU LIKE TO COME FORWARD? FORMER COUNCIL MEMBER JOHN LOVE, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? YOU KNOW, I WOULD LOVE TO COME FORWARD. 
           JOHN, LOVE GIL GAL, COMMERCIAL GROUP 1200, UM, EAST NEW YORK, MIDLAND, TEXAS COUNCIL MEMBERS, THANK YOU FOR YOUR SERVICE. 
          I LOVED YOUR DAD . 
          UM, YOU TOO . 
          HE WAS A PRETTY COOL GUY. 
          UM, I WANT TO SAY THAT ALL YOUR CONCERNS ARE NOTED, UM, BUT AS THE UH, DEPUTY CITY MANAGER INDICATED DOESN'T MAKE SENSE TO PUT SIDEWALKS IN AND THEN TURN AROUND AND TURN 'EM OUT, UH, TEAR 'EM OUT. 
          UM, I WANT TO ADDRESS THE OBJECTION. 
          UM, THE OBJECTION ORIGINALLY AS IT WAS WRITTEN SAYS THAT, UM, IT SHOULD JUST REMAIN COMMERCIAL AND THAT IF THE BLOCK IS DEVELOPED THAT, UH, THE DEVELOPER SHOULD PARTICIPATE IN WITH WATER AND SEWER. 
          I WANNA POINT OUT THAT WATER AND SEWER ARE ALREADY THERE IN EXISTENCE. 
          UM, AND THE, UH, OWNER OF THE PROPERTY IS, UH, OF THE NELSON FAMILY, A PROMINENT FAMILY THAT'S BEEN HERE IN THIS COMMUNITY, UH, PROBABLY LONGER THAN MOST OF YOU WERE, HAVE BEEN ALIVE. 
          UM, AND JUST TO GIVE A LITTLE BIT OF HISTORY, I APPRECIATE THE INFORMATION ABOUT THE PROPERTY TO THE SOUTH AND TO THE EAST, UM, TO THE NORTH. 
          I KNOW THAT ONE TIME THAT WAS, UH, GOING TO BE, UM, HOUSING AND UNTIL I BELIEVE THE DEVELOPER HAD SOME ISSUES. 
          UM, SO THIS ZONE, UH, CHANGE CAME ABOUT WHEN THE CITY UPDATED ITS UH, ZONE CHANGE A COUPLE OF YEARS AGO, UM, OR FIVE, SIX YEARS AGO. 
          UM, BUT THE FAMILY HAD ALWAYS INTENDED TO MAKE THIS, UM, THEIR UM, I CAN'T CALL IT FOREVER HOME, BUT MAYBE THEIR LAST HOME. 
          IT'S, UH, FOUR SISTERS, VERY OLD, VERY ELDERLY, UM, AND THEY JUST WANT TO BE ABLE TO LAYER THERE. 
          THEY'RE GONNA MAKE IT AESTHETICALLY PEACE. 
          UH, PLEASING PUBLIC FENCE IS GONNA BE A GUARDING WALKING PATH. 
          SO IT'S GONNA BE A REAL NICE ADDITION TO THE PROPERTY. 
          AND I WILL FINISH BY SAYING THAT THE CITY SUPPORTS THIS APPLICATION SO MUCH THAT IT REFUNDED US OUR MONEY. 
          I'VE NEVER HEARD THE CITY DOING THAT BEFORE, SO WELL LET ME ADDRESS WHY, BECAUSE BECAUSE THE ZONE CHANGE CAME ABOUT AT NO FAULT OF THE OWNERSHIP IN THAT AREA, WE'VE DECIDED FOR ANY OF THESE THAT WE'RE WAIVING THOSE FEES FOR THOSE APPLICATIONS, THAT'S WHY THEY'RE GONNA WRITE SONGS ABOUT YOU. 
          MAYOR, THANK YOU. 
          [01:00:01]
THANK YOU. 
          THANK YOU. 
          YES. 
          I APPRECIATE IT. 
          UM, AND SO I RESPECTFULLY REQUEST THAT YOU, UH, APPROVE THIS. 
          UH, I'M GLAD I DON'T NEED A SUPER MAJORITY. 
          UM, BUT A UNANIMOUS VOTE WOULD MEAN I SHOULDN'T NECESSARILY HAVE TO COME BACK WITH A SECOND READING. 
          EXCELLENT. 
          THANK YOU FOR YOUR COMMENTS. 
          ANY OTHER QUESTIONS FOR THE DEVELOPER HERE? ALRIGHT, WE APPRECIATE YOU BEING HERE. 
          UH, WITH THAT WE HAVE NO FURTHER REQUEST TO SPEAK ON ITEM 35. 
          SO WE'LL CLOSE THE PUBLIC HEARING AND I'LL LOOK FOR FURTHER DISCUSSION OR ACTION FROM COUNSEL. 
          WE HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN BERKHOLDER. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU, COUNCIL. 
          THANK YOU. 
          BY THE WAY, I TALKED THAT ABOUT EVERYTHING TOGETHER. 
          , THANK YOU VERY MUCH. 
          [36. 10760 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 2 AND 3, BLOCK 92, ORIGINAL TOWN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM CB, CENTRAL BUSINESS DISTRICT TO C, COMMERCIAL DISTRICT (GENERALLY LOCATED ON THE WEST SIDE OF SOUTH MARIENFELD STREET, APPROXIMATELY 75 FEET SOUTH OF WEST INDIANA AVENUE); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
ITEM 36, PLEASE. 
          AN ORDINANCE. 
          MY NAME IS ZONING DISTRICT MAP OF THE CITY IN MIDLAND CITY ZONE LOTS, TWO AND THREE BLOCK 92 ORIGINAL TOWN EDITION, CITY AND COUNTY IN MIDLAND, TEXAS FROM CB CENTRAL BUSINESS DISTRICT TO SEA COMMERCIAL DISTRICT, GENERALLY LOCATED ON THE WEST SIDE OF SOUTH MARION FIELD STREET, APPROXIMATELY 75 FEET SOUTH OF WEST INDIANA AVENUE. 
          CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS IN SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION MORNING. 
          THIS IS ZONE CHANGE REQUEST FOR THE PROPERTY LOCATED AT 3 0 2 SOUTH FELD STREET TO MOVE FROM CENTRAL BUSINESS DISTRICT TO COMMERCIAL, UM, TO ALLOW FOR THE OPENING OF AN AUTOMOBILE, AUTOMOBILE COLLISION REPAIR AND PAINT SHOP. 
          UM, AT A CURRENTLY VACANT PROPERTY. 
          UM, THE PROPERTY HAS BEEN VACANT FOR QUITE SOME TIME. 
          LET ME, I'M GONNA FLIP TOO SO YOU CAN SEE WHERE IT IS. 
          THIS IS, THIS IS A LOOK AT THE PROPERTY ITSELF. 
          IT WILL BE, UM, REDONE. 
          LET'S SEE, DO WE HAVE A, THERE WE GO. 
          UM, THE CURRENT AND THEN THE PROPOSED, UM, FACILITY YOU CAN SEE HERE, UM, MOVING BACK THE, THE ZONING YOU CAN SEE COMMERCIAL RUNS RIGHT ADJACENT TO THIS PROPERTY. 
          SO THIS IS, UM, AN APPROPRIATE USE AND ZONE CHANGE REQUEST. 
          UM, UM, WE DID RECEIVE ONE OBJECTION, UM, DURING THE PUBLIC NOTIFICATION PROCESS AND, UM, THE OBJECTOR VOICE CONCERNS ABOUT THE USE NOT ALIGNING WITH THE NEIGHBORHOOD, WHICH WE DO SEE COMMERCIAL IN THE AREA. 
          SO IT, IT IS APPROPRIATE. 
          UM, HOWEVER, UNDERSTANDING THE CONCERNS FURTHER THERE WERE CONCERNS ABOUT LANDSCAPING AND ENSURING THAT LANDSCAPING BE REQUIRED. 
          UM, WHEN THIS, UH, PROPERTY OWNER COMES IN FOR A BUILDING PERMIT, THAT THAT IS PART OF WHAT WE LOOK AT IS THE LANDSCAPING AND LANDSCAPING IS REQUIRED ON THE PROPERTY. 
          UM, I WILL SAY IN OLDER AREAS LIKE THIS, THERE ARE OFTEN CHALLENGES WITH UTILITIES RUNNING UNDER THE AREA WHERE YOU WOULD HAVE THE LANDSCAPING. 
          SO WE OFTEN DO HAVE TO WORK WITH THE PROPERTY OWNER TO ADDRESS THOSE THINGS. 
          UM, BUT THE OBJECTION IS, IS IS NOTED AND COMPLETELY VALID. 
          AND I DO WANNA CLARIFY THAT THE LANDSCAPING CODE DOES APPLY TO THIS PROPERTY OWNER. 
          UM, AND WITH THAT STAFF DOES RECOMMEND APPROVAL OF THE ZONE CHANGE. 
          SO THIS IS IN THE SAME AREA WHERE SUSIE, SOUTH 40 CURRENTLY EXISTS. 
          AND THEN THERE'S ALSO A HOTEL BEING DEVELOPED, A RESIDENCE IN, I BELIEVE UNDER CONSTRUCTION NOW. 
          CORRECT. 
          SO THIS IS PART OF A REVITALIZATION OF THIS LITTLE PORTION OF DOWNTOWN THAT'S MUCH NEEDED. 
          YES, MA'AM. 
          WELL, I I JUST WANNA ECHO THE, THE OBJECTIONS I THINK ARE VERY VALID AND THAT RENDERING I THINK IS, IS VERY NICE, BUT LANDSCAPE WOULD CERTAINLY HELP, YOU KNOW, UM, SUSIE SOUTH 40 PUT IN ABSOLUTELY BEAUTIFUL LANDSCAPING. 
          I THINK THE HOTEL WILL WILL FOLLOW SUIT. 
          THERE'S RENEW LIFE CHURCH OVER THERE. 
          AND SO I JUST WANNA MAKE SURE THAT, THAT WE, WE DO ENFORCE THE THE LANDSCAPING ORDINANCE. 
          YES, MA'AM. 
          YEAH, AND I, AND I'M SAME WAY, I MEAN JUST MAKING SURE THAT, UH, LANDSCAPE IS DONE. 
          BUT I WILL SAY THIS CLASSICS AUTO, BODY AND PAINT IS LITERALLY THE NEXT BLOCK OVER. 
          SO SAYING THAT THIS IS NOT THE TYPE OF DEVELOPMENT IN THE AREA IS REALLY NOT, I MEAN, I, I THINK THAT'S MORE OPINIONATIVE THAN EVERYTHING WHEN YOU HAVE ANOTHER PAINT BODY SHOP LITERALLY A BLOCK AWAY. 
          SO, I MEAN, FOR ME, THAT WOULD BE HARD FOR ME TO OBJECT. 
          I MEAN THAT'S, THAT'S PICKING AND CHOOSING ALMOST MY PER, I MEAN, WITH IT BEING SO CLOSE IN THE VICINITY. 
          BUT UM, AS FAR AS THAT BEING A A CORRIDOR THERE, YES, ABSOLUTELY LANDSCAPING, IT'S PARAMOUNT THAT, THAT WE MAKE IT LOOK NICE. 
          EXCELLENT. 
          I THINK THIS OBJECTION, YOU KNOW, I WAS READING ABOUT, IT'S VERY WELL WRITTEN. 
          I THINK SHE MAKES SOME VERY GOOD POINTS IN THIS AND THAT'S THE BEAUTY OF HAVING A SECOND READING. 
          WE CAN HAVE MORE DISCUSSION AND SO I ENCOURAGE YOU, LET'S GO BACK AND MAKE SURE WE KIND OF KNOW THE PLAN AND SEE WHAT'S GOING ON. 
          'CAUSE THERE'S SOME REALLY GOOD POINTS IN HERE. 
          YEAH, ABSOLUTELY. 
          ALRIGHT, THERE'S NO FURTHER DISCUSSION. 
          I'LL OPEN THE PUBLIC HEARING. 
          WE HAVE NO REQUEST TO SPEAK ON ITEM 36, SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION OR FURTHER DISCUSSION FROM COUNCIL. 
          WE HAVE A MOTION FROM COUNCILMAN NORMAN. 
          WE HAVE A SECOND FROM COUNCIL MEMBER BERKHOLDER. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          [01:05:03]
THE MOTION CARRIES FIVE TO ONE. 
          UH, ITEM NUMBER 
          [37. 10761 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 0.578-ACRE TRACT OF LAND OUT OF LOT 1, BLOCK E, JOHNSON-MORAN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM LR, LOCAL RETAIL DISTRICT TO RR, REGIONAL RETAIL DISTRICT (GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ANDREWS HIGHWAY AND WARD STREET); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 3)  (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]
36, I'M SORRY, 37 PLEASE. 
          INORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE IS 0.578 ACRE TRACT OF LAND OUT OF LOT ONE BLOCK E JOHNSON MOORE, IN ADDITION, CITY AND COUNTY IN MIDLAND, TEXAS, FROM LR LOCAL RETAIL DISTRICT TO RR REGIONAL RETAIL DISTRICT, GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ANDREWS HIGHWAY AND WARD STREET CONTAINING A TIVE CLAUSE CONTAINING A SAVINGS AND FAVORABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. 
          SO THIS IS A ZONE CHANGE REQUEST TO MOVE FROM LOCAL RETAIL DISTRICT TO REGIONAL RETAIL DISTRICT FOR THE PROPERTY AT 900 ANDREWS HIGHWAY. 
          CAN YOU HELP ME CLICK THROUGH LANDON ? THANK YOU VERY MUCH. 
          UM, THE APPLICANT IS ALONG JOHN, UM, SILVERS AND THIS PROPERTY ACTUALLY IS BEING, THERE WE GO. 
          IT IT DOES HAVE AN EXISTING RESTAURANT ON IT. 
          IT'S BEING RECONSTRUCTED, UM, AND THEY WOULD LIKE TO HAVE A DRIVE-THROUGH WINDOW, WHICH IS CONSISTENT WITH LONG JOHN SILVERS. 
          UM, AS, AS YOU ALL WILL RECALL, LOCAL RETAIL DISTRICTS DO NOT ALLOW FOR DRIVE-THROUGH WINDOWS. 
          SO THIS WOULD ALLOW FOR THAT, THAT WINDOW. 
          UM, YOU CAN SEE THE SURROUNDING ZONING HERE IS PRIMARILY LOCAL RETAIL. 
          UM, BUT AGAIN, IT IS ON THE CORNER OF A STREET. 
          IT IS AN EXISTING USE. 
          UM, SO WE'RE REALLY JUST LEGALIZING IT BY ALLOWING IT TO BE RECONSTRUCTED IN THE SAME WAY IMPROVED. 
          UM, AND SO HERE'S A LOOK AT THE PROPERTY, NO OBJECTIONS WERE RECEIVED. 
          THE PLANNING AND ZONING COMMISSION DOES RECOMMEND APPROVAL, AS DOES STAFF. 
          OKAY, ANY QUESTIONS FOR STAFF ON THIS ONE? SEEING NONE, I WILL OPEN THE PUBLIC HEARING. 
          WE HAVE NO REQUEST TO SPEAK ON ITEM 37, SO I'LL CLOSE THE PUBLIC HEARING AND A LOOK FOR ACTION OR FURTHER DISCUSSION FROM COUNCIL. 
          WE HAVE A MOTION FROM COUNCILMAN BEHOLDER AND A SECOND FROM COUNCILMAN NORMAN. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU. 
          ITEM 38 
          [38. 10762 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR THE WEST 23.2 FEET OF LOT 5 AND THE EAST 87.6 FEET OF LOT 6, BLOCK 6, MA MAR TERRACE, SECTION 2, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF SHELL AVENUE AND CESSNA DRIVE), BY PERMITTING A REDUCED MINIMUM FRONT 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. 
          AND NORMAN'S GRANTING A SPECIAL EXCEPTION FOR THE WEST 23.2 FEET OF LOTS FIVE AND THE EAST 87.6 FEET OF LOT SIX BLACK SIX MAR BAR TERRACE, SECTION TWO, CITY AND COUNTY IN MIDLAND, TEXAS. 
          GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF SHELL AVENUE AND SUSSMAN DRIVE BY PERMITTING A REDUCED MINIMUM YARD FRONT YARD SETBACK CONTAINING A ATIVE CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDED FOR A MAXIMUM PENALTY OR FINE OF $2,000. 
          ORDERING RECORDATION BY THE CITY SECRETARY AND THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION, THIS IS A SPECIAL EXCEPTION REQUEST TO ALLOW FOR A REDUCED MINIMUM FRONT YARD SETBACK FOR THE PROPERTY LOCATED AT 31 10 SHELL AVENUE, WHICH IS A SINGLE FAMILY RESIDENCE. 
          THE SPECIFIC REQUEST IS TO MOVE FROM THE REQUIRED 25 FOOT SETBACK TO 21 AND A AND A HALF FEET. 
          UM, AND DOING SO WOULD ALLOW FOR THE ADDITION ON THE FRONT OF THE HOME, UM, WHICH I BELIEVE IS FOR A MASTER BATH, UM, AND CLOSET ADDITION. 
          HERE'S A LOOK AT THE PROPERTY. 
          IT IS, UM, SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD. 
          HERE'S AN AERIAL VIEW OF THE PROPERTY AND HERE IS THE FRONT. 
          THE, THE LOCATION OF THE ADDITION WOULD BE ON THE, THE RIGHT SIDE OF THE HOME. 
          NO OBJECTIONS WERE RECEIVED. 
          UM, DURING THIS PROCESS, STAFF DOES RECOMMEND APPROVAL. 
          THERE ARE NO, NO TRAFFIC ISSUES OR CONCERNS WITH THE ADDITION AND I'M HAPPY TO TAKE ANY QUESTIONS. 
          ANY QUESTIONS FOR ELIZABETH? ALRIGHT, SEEING NONE, I'LL OPEN THE PUBLIC HEARING. 
          WE DO HAVE ONE REQUEST TO SPEAK ON ITEM 38. 
          UM, UH, SYLVIA, ELLIOT, ARE YOU HERE TO SPEAK? YES, YES. 
          COME FORWARD IF YOU WOULD PLEASE. 
          I'M JUST HERE ON BEHALF OF THE HOMEOWNER TO, UM, ANSWER ANY QUESTIONS. 
          AND ALSO THE CONTRACTOR FROM LAGUNA HOME CUSTOM HOMES IS HERE AS WELL. 
          UM, WE WE'RE JUST LOOKING TO ADD SPACE TO THE FRONT OF THE HOUSE TO EXPAND THE CLOSET, BUT TO MAKE IT AESTHETICALLY PLEASING WITH THE CURB APPEAL, WE WOULD HAVE TO ENCROACH, UM, INTO THE SETBACK BY ABOUT FOUR FEET TO THE FRONT AND ONE FOOT TO THE EAST. 
          UM, AND THEN WE DID, I HAVE SOME PICTURES OF SOME HOUSES ON THE STREET BEHIND THE ALLEY THAT HAVE DONE THIS SEDITION ALREADY, AND UM, IT LOOKS REALLY NICE, SO. 
          EXCELLENT. 
          ANY QUESTIONS FOR HER? ALRIGHT. 
          THANK YOU SO MUCH FOR BEING HERE. 
          WITH THAT, WE HAVE NO FURTHER REQUEST TO SPEAK, SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION OR FURTHER DISCUSSION FROM COUNCIL. 
          WE HAVE A MOTION FROM COUNCILMAN BERKHOLDER AND A SECOND FROM COUNCILWOMAN BURKES. 
          SORRY. 
          SHOULD BE YOU. 
          OH, I WANTED TO, OKAY. 
          THE CLOSET . 
          IT'S IMPORTANT. 
          UM, SO WE HAVE A MOTION AND A SECOND. 
          IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. 
          THE MOTION CARRIES UNANIMOUSLY. 
          THANK YOU VERY MUCH. 
          AT THIS 
          [39. Presentation by the Finance Department regarding Investment in Public Safety]
TIME WE'LL MOVE FORWARD TO STAFF PRESENTATION NUMBER 39 AND RECEIVE A PRESENTATION BY THE FINANCE DEPARTMENT REGARDING INVESTMENT IN PUBLIC SAFETY. 
          WELCOME, CHRISTIE. 
          HELLO, UH, GOOD MORNING, MAYOR. 
          GOOD MORNING, COUNCIL. 
          UM, SO AS YOU KNOW, WE LIKE TO PROVIDE, UH, BUDGET UPDATES TO YOU THROUGHOUT THE YEAR, 
          [01:10:01]
ESPECIALLY AS WE ARE GETTING CLOSER TO OUR BUDGET SEASON, UM, SO THAT THERE ARE NO SURPRISES AND WE'RE ALL ALIGNED WITH WHERE WE ARE AND WHERE WE'RE GOING. 
          SO THIS IS ONE OF THOSE UPDATES FOCUSING SPECIFICALLY ON PUBLIC SAFETY, WHICH IS ONE OF OUR TOP THREE PRIORITIES FOR OUR COMMUNITY, ALONG WITH WATER AND ROADS. 
          UH, TODAY I WANNA WALK YOU THROUGH THE STORY OF OUR PUBLIC SAFETY INVESTMENTS, WHAT WE'VE PUT IN AND WHAT WE'RE GETTING BACK. 
          AS YOU KNOW, WE FACED SOME REAL CHALLENGES OVER THE PAST SEVERAL YEARS, UH, WITH PUBLIC SAFETY, INCLUDING POPULATION GROWTH AND STAFFING PRESSURES, NOT TO MENTION A 20 YEAR PROBLEM WITH OUR FIRE, UH, PENSION. 
          BUT THROUGHOUT ALL OF THAT, THE COUNCIL HAS STAYED CONSISTENT IN ONE POINT, AND THAT IS PUBLIC SAFETY IS A PRIORITY. 
          AS YOU CAN SEE, OVER THE LAST 10 YEARS, WE HAVE NEARLY DOUBLED OUR INVESTMENT IN PUBLIC SAFETY ACROSS POLICE, FIRE, AND DISPATCH. 
          THAT IS A SIGNIFICANT INCREASE AND IT REFLECTS A LONG TERM COMMITMENT, NOT JUST A ONE TIME ADJUSTMENT. 
          SO HOW DOES THAT COMPARE WITH REVENUE? IF YOU LAYER, UM, IN OUR PROPERTY TAX GROWTH, YOU CAN SEE THAT THE PUBLIC SAFETY INVESTMENT FAR OUTPACED THAT GROWTH. 
          THIS WAS NOT JUST AN INCREASE IN REVENUE FOLLOWED BY SPENDING. 
          WE ARE INVESTING AT A HIGHER RATE THAN OUR BASE GROWTH REFLECTING A POLICY CHOICE TO ALLOCATE MORE RESOURCES TOWARD PUBLIC SAFETY. 
          ONE THING I DO WANNA MENTION HERE IS THAT THIS CHART DOES NOT REFLECT THE 54 MILLION THAT WE DID SPEND TO FIX THE FIRE PENSION FUND. 
          IF IT DID, IT WOULD LOOK, HAVE A SPIKE ON THERE. 
          THE LOOKS LIKE MOUNT EVEREST. 
          BUT IF YOU THINK ABOUT IT, HAD THAT BEEN FIXED YEARS AGO, THE THE YELLOW LINE WOULD E WOULD EVEN BE, UH, FURTHER AWAY FROM THE BLUE. 
          HAD WE FIXED THAT CORRECTLY YEARS AGO. 
          UM, IN ADDITION, I ALSO WANNA BRING YOUR ATTENTION TO THE, THE DIFFERENCE IN THE GAP. 
          SO THE GAP IN 2017 WAS AROUND 11 MILLION. 
          AND OF COURSE, IN THE CURRENT FISCAL YEAR, THE GAP IS AROUND 35 MILLION. 
          SO OVER THE LAST 10 YEARS, UH, PUBLIC SAFETY HAS A PUBLIC SAFETY INVESTMENT HAS INCREASED 88% WHILE PROPERTY TAX GROWTH HAS BEEN AROUND 55%. 
          WE MADE A DELIBERATE DECISION TO INVEST IN PUBLIC SAFETY AT A HIGHER RATE THAN OUR REVENUE GROWTH. 
          AND THAT INCREASED INVESTMENT IS PRODUCING MEASURABLE OUTCOMES. 
          ONE OF THE BIGGEST DRIVERS OF THAT RETURN IS OUR INVESTMENT IN PEOPLE. 
          WE MODERNIZE COMPENSATION TO STAY COMPETITIVE AND IT IS WORKING. 
          WE ARE NOW SEEING SOME OF THE LOWEST VACANCIES THAT WE HAVE HAD IN YEARS. 
          I ASKED, UM, THE CHIEFS THIS MORNING, AND IF THEY'RE AROUND, THEY'RE AT EIGHT AND 10, RESPECTIVELY, TWO DIFFERENT ONES. 
          UM, THE DIRECT THAT DIRECTLY TRANSLATES INTO BETTER COVERAGE, FASTER RESPONSE TIMES, AND MORE CONSISTENT SERVICE. 
          BUT WE'VE ALSO INVESTED IN THE TOOLS THAT OUR TEAMS NEED TO BE EFFECTIVE. 
          THAT INCLUDES POLICE VEHICLES, FIRE APPARATUS, AMBULANCES, BUT ALSO TECHNOLOGY LIKE FO FLOCK CAMERAS AND INTEROPERABLE RADIOS, REAL-TIME ALERTING SYSTEMS. THIS ISN'T JUST ABOUT HAVING MORE, IT'S ABOUT BEING SMARTER AND FASTER IN HOW WE RESPOND. 
          AND WE'RE SEEING MEASURABLE OUTCOMES FROM THESE INVESTMENTS. 
          WE'RE SEEING A 10% REDUCTION IN KEY. 
          LET ME, WE ARE SEEING A 10% REDUCTION IN KEY CRIME CATEGORIES. 
          WE'RE SEEING A 9.7% IMPROVEMENT IN OPERATIONAL PERFORMANCE METRICS AND OVER A 82% COMPLIANCE WITH FIRE RESPONSE BENCHMARKS. 
          THESE RESULTS INDICATE IMPROVED SERVICE DELIVERY, FASTER RESPONSE, AND BETTER OVERALL OUTCOME FOR RESIDENTS. 
          THIS IS THE DIRECT RETURN ON INVESTMENT FOR OUR COMMUNITY. 
          AND THE, THE DATA BEHIND ALL THESE RESULTS IS CONSISTENT, AS YOU CAN SEE ACROSS THE DIFFERENT DEPARTMENTS AT THE OPERATIONAL LEVEL, POLICE HAVE INCREASED FOCUS ON TARGETED ENFORCEMENT AND SAFETY INITIATIVES. 
          FIRE HAS IMPROVED RESPONSE STRATEGIES AND DEPLOYMENT AND POLICY UPDATES AND COORDINATION WITH PARTNERS SUPPORT THESE EFFORTS. 
          THIS REFLECTS ALIGNMENT BETWEEN FUNDING OPERATIONS AND OUTCOMES. 
          SO IF YOU LOOK, UM, OVERALL, THIS DEMONSTRATES THAT WE'VE MADE INTENTIONAL INVESTMENTS, WE'VE ALIGNED THAT WITH STRATEGY AND WE'RE SEEING MEASURABLE OUTCOMES. 
          THE RESULT IS IMPROVED PUBLIC SAFETY AND QUALITY OF LIFE FOR OUR RESIDENTS. 
          ANY QUESTIONS? I THINK THE MAIN POINT HERE, COUNCIL, IS THAT WE HAVE APPROXIMATELY 64 60 $5 MILLION THAT ARE SET ASIDE FOR OPERATIONS IN THE GENERAL FUND THAT COMES FROM PROPERTY TAXES. 
          [01:15:01]
AND APPROXIMATELY A HUNDRED MILLION DOLLARS IS PUBLIC SAFETY RELATED, SO IT DOESN'T EVEN COVER THAT. 
          SO WE SHARE THIS INFORMATION WITH YOU THROUGHOUT THE YEAR. 
          WE'VE DONE THIS NOW, THIS IS THE THIRD YEAR THAT WE'RE DOING IT SO THAT WHEN WE GET INTO THE BUDGET PROCESS, A LOT OF THIS INFORMATION IS TOP OF MIND. 
          A LOT OF IT YOU'VE ALREADY COVERED A LOT OF IT YOU'VE ALREADY TALKED ABOUT AND ASKED FOR AND AND RESEARCHED. 
          SO THAT'S WHAT THIS IS FOR. 
          SO WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. 
          AND JUST TO BE CLEAR, WE'RE GOING TO, YOU GUYS ARE ALREADY WORKING ON THE BUDGET NOW AND THERE'S A LOT OF CONVERSATIONS THAT ARE ONGOING BETWEEN COUNCIL MEMBERS, BETWEEN DIFFERENT DEPARTMENTS. 
          AND SO THERE'S A WHOLE LOT OF WORK THAT GOES ON BEHIND THE SCENES LEADING UP TO WHAT WE CONSIDER BUDGET SEASON IN THIS LATE SUMMER. 
          UM, AND SO THIS IS, THIS IS OBVIOUSLY THE LARGEST CHUNK OF, OF THE DOLLARS THAT WE ALLOCATE THROUGH OUR PUBLIC SAFETY. 
          AND SO WE NEED TO MAKE SURE THAT WE'RE PAYING CLOSE ATTENTION. 
          SO THANK YOU FOR THE REPORT. 
          YEAH. 
          AND THE LARGEST PART OF OUR ENTIRE BUDGET, THE LARGEST PART OF OUR ENTIRE BUDGET. 
          SO, AND, AND SPEAKING OF THAT, SO I MEAN, UH, FANTASTIC JOB ON GETTING THE OFFICERS, THE VACANCIES DOWN AND A LOT OF THE IMPROVEMENTS THAT WE MADE, I MEAN, I KNOW THAT'S BEEN A BIG KEY FOCUS FOR QUITE A FEW PEOPLE. 
          UH, JUST WANNA SHIFT GEARS A LITTLE BIT AND TALK ABOUT, I KNOW THAT THERE'S BEEN SOME CONVERSATIONS ABOUT THE, UH, BIRD BUILDING FOR THE FIRE DEPARTMENT AS WE TALK ABOUT SAFETY AND TRAINING AND THINGS OF THAT SORT. 
          WHERE ARE WE AT IN THAT PARTICULAR PROCESS AND WHAT ARE SOME OF THE FUNDING MECHANISMS THAT WE'RE LOOKING AT THAT? SO WE'RE HOPING TO HAVE, UM, HELP FROM THE COMMUNITY WITH THAT. 
          THAT IS ONE OF THE AREAS THAT I KNOW THEY'RE LOOKING AT. 
          BUT, UM, CHUCK OR TOLEY MAY BE ABLE TO SPEAK TO THAT. 
          UM, WE ARE STILL WORKING ON IT. 
          SO WHAT WE ARE ALSO DOING IS WE'RE, WE'RE LOOKING AT FEDERAL DOLLARS ON TOP OF IT. 
          AND WHEN YOU SAY THE COMMUNITY GETS SOME PRIVATE INVESTMENT, THAT THERE'S BEEN SOME, SOME OIL COMPANIES THAT HAVE STEPPED UP OR THEY HAVE, THEY HAVE TALKED TO OUR FIRE DEPARTMENT. 
          UM, WE'VE ALSO TALKED ABOUT THE DIFFERENT, UM, VERSIONS OF IT AND HOW WE CAN GET THAT FUNDED JUST WITHIN THE BUDGET WITH OUR MEANS. 
          SO WE'RE LOOKING AT SEVERAL OPTIONS OF HOW TO DO THAT. 
          SURE. 
          CHIEF KELLY, DID YOU HAVE ANYTHING YOU WANTED TO ADD ON THAT? UNLESS, IF Y'ALL HAD ANY QUESTIONS, BUT HE ANSWERED IT, WE'VE REACHED OUT. 
          OKAY. 
          WORKING WITH FEW. 
          WELL, I KNOW THAT'S BEEN A, A BIG PRIORITY AND A DESIRE TO MAKE SURE THAT WE HAVE PARAMOUNT TRAINING WHEN IT COMES TO OUR FIRE DEPARTMENT. 
          AND I KNOW THAT WE'VE EVEN TALKED ABOUT DOING, UM, UH, DIFFERENT TYPES OF TRAINING WITH DIFFERENT, UM, SAFETY RELATED ORGANIZATIONS AS WELL TOO. 
          SO, SO WHEN I MENTIONED THAT THERE'S DIFFERENT, UH, LAYERINGS, I MEAN YOU'VE GOT ONE THAT WE NEED HERE IN THE NEAR TERM, BUT THE FEDERAL ONE WAS BUILDING A LARGER ONE LIKE YOU'RE REFERRING TO. 
          UM, THE OTHER THING WE'RE DOING IN ORDER TO BE PROACTIVE, WE'VE ASKED FOR FIVE YEAR CAPITAL IMPROVEMENT PLANS FROM DEPARTMENTS, WHICH THEY'VE DONE. 
          MM-HMM . 
          UH, THE FIRE AND POLICE, WE'VE ASKED THEM TO DO THAT TOO, AND THEY'VE DONE THAT ALSO. 
          SO A LOT OF THIS SO THAT IT DOESN'T BECOME, DOESN'T, DOESN'T RUSH UP ON US. 
          UH, A GOOD EXAMPLE OF THAT IS THE POLICE VESTS WHENEVER THAT CAME UP. 
          SO THAT'S THE REASON WHY WE DO THE FIVE YEAR CIP PROGRAM SO THAT WE POSITION OURSELVES TO FUND THOSE THINGS IN THE OUTER YEARS AND WE PUT MONEY ASIDE IN THE BUDGET PROCESS AND JUST WANTING TO ADD TO THAT, WE'VE ASKED THEM ALL THE DEPARTMENTS TO DO AN EQUIPMENT, UM, FIVE YEAR CIP AS WELL. 
          SO NOT JUST THE BIG CAPITAL ITEMS AND A FIVE YEAR PERSONNEL PROJECTION AS WELL SO THAT WE CAN BE LOOKING INTO THE FUTURE AND, AND THAT FIVE YEAR OUTLOOK DOESN'T JUST, UM, SIT WITH CAPITAL PROJECTS, ASSIST WITH THE BUDGET ITSELF, UH, AS THE COUNCIL KNOWS, THE, UM, FIVE-YEAR FORECAST IS SOMETHING THAT YOU, WE ALREADY KNOW, BUT BY LOOKING OUT INTO THE FUTURE, THINGS LIKE THE SPORTS COMPLEX, THE THINGS OF WHEN THAT, WHEN THAT, UH, MONEY RUNS OUT IN TERMS OF THE SALES TAX THAT WAS SET ASIDE FOR IT. 
          SO AS Y'ALL KNOW, WE HAVE A TOURS THAT WE PLACE ON TOP OF IT. 
          WE'VE ALSO ARE LOOKING AT OTHER STATE OPPORTUNITIES TO MAYBE OVERLAY THAT WITH ANOTHER STACK OF, OF FUNDS TO MAKE IMPROVEMENTS OUT AT THE SITE AND HAVE SOME OF THE, SOME OF IT SET ASIDE FOR OPERATIONS AS WELL. 
          AND, YOU KNOW, TALKING ABOUT THE BURN BUILDING AND, AND THE STADIUM AND ALL THESE OTHER THINGS, WE HAVE MORE NEEDS THAN WE HAVE REVENUE AND WE HAVE TO PRIORITIZE. 
          AND I THINK THAT IS, THAT'S PART OF OUR BUDGETING CONVERSATION EVERY SINGLE YEAR. 
          MM-HMM . 
          UM, TO PRIORITIZE THOSE THINGS TO MAKE SURE THAT WE'RE COVERING THE THINGS THAT ARE MOST ESSENTIAL. 
          SO IT SOMETIMES WE HAVE TO MAKE DIFFICULT DECISIONS, BUT WE RECOGNIZE THAT THESE ARE CRITICALLY IMPORTANT FOR OUR COMMUNITY. 
          WELL THE STRATEGIC PLANNING PROCESS IS, IS VITAL BECAUSE YOU AND THE COUNCIL, UH, REALLY GAVE US DIRECTION ABOUT COMING UP WITH DIFFERENT FUNDING STREAMS FOR A LOT OF THESE INFRASTRUCTURE NEEDS. 
          AND SO THERE'S OPPORTUNITIES WITH STATE DOLLARS TO DO THAT WITH, UH, DIFFERENT FUNDING MECHANISMS THAT WE'VE TALKED TO THE COUNCIL ABOUT. 
          ONE OF THEM I JUST MENTIONED THAT WE'RE WORKING ON IN ORDER TO BRING OTHER REVENUE, NOT JUST OTHER PEOPLE'S MONEY AS YOU POINTED OUT. 
          YEP. 
          INSTEAD OF JUST GETTING PROPERTY O YEAH. 
          OPM INSTEAD OF JUST USING PROPERTY TAX DOLLARS AS Y'ALL KNOW, Y'ALL KEPT THAT UH, LOW IF YOU'VE REDUCED IT FOR THREE YEARS STRAIGHT, THE TAX RATE, NOT THE VALUES. 
          OBVIOUSLY THE VALUES HAVE GONE UP, THAT'S HAPPENED THROUGHOUT THE STATE OF TEXAS, BUT THAT'S SOMETHING THAT YOU'VE VERY CONSCIENTIOUS ABOUT AND THAT'S SOMETHING THAT WE'VE WORKED TOWARDS. 
          AND SO WE WE'RE LOOKING AT DRIVING OTHER REVENUE STREAMS UP LIKE SALES TAX TO DIVERSIFY OUR REVENUE STREAMS AND THEN THOSE DOLLARS GOING UP AND THE WAY WE INVEST IN OUR COMMUNITY THAT TO INCREASE OUR SALES TAX. 
          DAVE AND BUSTER'S A GOOD EXAMPLE OF THAT. 
          COSTCO IS ANOTHER GOOD EXAMPLE OF THAT WHERE THE SALES TAX THAT WE WERE ABLE TO GET HELPS WITH OPERATIONS. 
          EXCELLENT. 
          AND I THINK TO COUNCIL MEMBER BURKHOLDER'S POINT, YOU KNOW, THE BUILDING IS A PRIORITY FOR US. 
          YES. 
          [01:20:01]
SO I'M GLAD YOU BROUGHT THAT UP. 
          YEAH, ABSOLUTELY. 
          ALRIGHT, THANK YOU FOR YOUR PRESENTATION. 
          WE APPRECIATE IT. 
          AT THIS TIME WE'LL 
          [PUBLIC COMMENT]
MOVE FORWARD TO OUR PUBLIC COMMENT PERIOD. 
          UM, ITEM NUMBER 40, WE'LL RECEIVE PUBLIC COMMENTS WHERE INDIVIDUALS MAY ADDRESS THE CITY COUNCIL ON CITY RELATED ISSUES AND PROJECTS NOT ON THE PRESENT AGENDA. 
          ANY DELIBERATION OF OR DECISION BY THE CITY COUNCIL REGARDING THE ITEM BEING DISCUSSED SHALL BE LIMITED TO A MOTION TO PLACE THE ITEM ON THE AGENDA FOR A SUBSEQUENT MEETING. 
          AND WE ASK THAT YOU LIMIT YOUR COMMENTS TO THREE MINUTES OR LESS. 
          AT THIS TIME, I'D LIKE TO CALL NINO RODRIGUEZ TO COME FORWARD AND MAKE PUBLIC COMMENT. 
          NINA NINO RODRIGUEZ, DISTRICT TWO COUNCIL HAS ENJOYED STARTING OFF PUBLIC COMMENT WITH SPEECHES ABOUT RESPECT AND HUMANITY. 
          I WOULD LIKE TO SHARE ONE FROM YOUR OWN FORMER MIDLAND COUNCILMAN OF 20 YEARS, SCOTT DUFFORD AND I QUOTE NINO AMERICA, I'VE TOLD THE CITY COUNCIL IF THEY DECIDED TO COME ACROSS THE DAAS TO KICK YOUR ASS, I WOULD PAY FOR THEIR ATTORNEY FEES. 
          P OSS LIKE, YOU DESERVE NOTHING FROM THIS COUNSEL. 
          THEY SHOULD BE LOOKING AND TEXTING ON THEIR PHONES. 
          WHEN YOU START YOUR IDIOTIC MAKE NO SENSE RAN. 
          QUOTE, MAYBE YOU SHOULD BE PREACHING TO YOUR OWN PEOPLE. 
          DID ANY ANY OF YOU REPORT THIS TO THE POLICE? SPEAKING TO POLICE? LET'S TALK ABOUT CRIME IN MIDLAND. 
          MAYOR LONG LOVES TO RUN WITH THE NARRATIVE THAT CRIME IS DOWN, BUT WE KNOW SHE'S A LIAR. 
          MIDLAND CITIZENS FEEL UNSAFE. 
          CRIME IS OUTTA CONTROL, ESPECIALLY WITH THE LATEST SHOOTINGS IN MIDLAND. 
          OUR CHILDREN ARE SHOOTING AT EACH OTHER AND IT HAPPENS ALL THE TIME. 
          NOW, I'VE PERSONALLY SPOKEN WITH A FEW GOOD MPD OFFICERS THAT CONFIRM CRIME IS OUTTA CONTROL, ESPECIALLY WITH DRUGS OR YOUTH AND WHAT THEY CALL HYBRID GANGS. 
          SO IS THE MAYOR PURPOSELY LYING OR DOES SHE LIVE IN A BUBBLE THAT IS NOT REALISTIC TO WHAT MOST CITIZENS ARE HAVING TO LIVE WITH? THE MAYOR ALSO LOVES TO BRAG ABOUT GROWTH, BUT WHAT SHE DOESN'T SHARE IS THAT WITH GROWTH CRUMBS COMES MORE CRIME. 
          SO INSTEAD OF HAVING 15 POLICE OFFICERS AND THE CHIEF HERE PRESENT AT COUNCIL MEETINGS, YOU SHOULD LET THEM GO TO THE CITY AND HANDLE REAL CRIME THAT'S HAPPENING CURRENTLY. 
          NOW TOMMY GONZALEZ, I'M GLAD THEY FIRED YOU FROM PECOS. 
          LET'S TALK ABOUT SOME DEALINGS YOU HAVE WITH THE EMPLOYEE FROM PECOS LAST YEAR. 
          ON APRIL 3RD, THERE ARE EMAILS EXCHANGED BETWEEN TOMMY AND GRIFFIN MORLAND, WHO IS THE ASSISTANT TO THE CITY MANAGER OF PECOS GRIFFIN TELLS TOMMY, THANK YOU AGAIN FOR CREATING AN URBAN PLANNING INTERNSHIP. 
          AT MY REQUEST EMAILS GO ON TO SET UP A PECOS EMPLOYEE NAMED CRYSTAL MORRIS TO COME TO MIDLAND AND TRAIN HERE FOR EIGHT TO 12 WEEKS. 
          JOSE ORTIZ, EVEN ASSISTANT TOMMY WITH THIS SITUATION. 
          SO THE QUESTION IS, WHY IS TOMMY USING THE CITY OF MIDLAND AS A TRAINING GROUND FOR A PECOS EMPLOYEE? WAS THIS A PAID INTERNSHIP AT THE COST OF MIDLAND TAXPAYERS? HOW DOES IT NOT VIOLATE TOMMY'S CONTRACT OR INTERFERE WITH HIS DUTIES AS OUR CITY MANAGER FOR OVER A HUNDRED, FOR OVER 350,000 A YEAR, MIDLAND DESERVES A CITY MANAGER THAT WILL FOCUS ONLY ON OUR CITY. 
          TOMMY'S RESUME. 
          IT STATES UNDER HIS MILITARY EXPERIENCE, HE SERVED IN THE ARMY AND IS SKILLED IN, UH, PSYCHOLOGICAL OPERATION KNOWN AS PSYOPS ON THE ARMY WEBSITE. 
          IT DESCRIBES THIS AND EVEN SAYS IT'S TO INTENTIONALLY DECEIVE A PSYOP DOESN'T WORK WHEN THE SUBJECTS KNOW THEY'RE BEING USED. 
          SO ARE WE. 
          THE BELIEVE THAT TOMMY LEFT ALL HIS PSYOPS EXPERIENCE BEHIND AND DOESN'T AND HE DOESN'T USE IT IN HIS PRESENT BUSINESS DEALINGS. 
          IN 2024, THE CITY OF MIDLAND PAID OVER $102,000 A TAXPAYER FUND TO THE QUALITY TEXAS FOUNDATION WHERE TOMMY SAT ON THE BOARD AS CHAIRMAN. 
          TOMMY ALSO WROTE THE FORWARD FOR A BOOK BY BROOKE WILLIAMS, THE CEO OF QUALITY TEXAS FOUNDATION. 
          THIS IS A CLEAR CONFLICT OF INTEREST. 
          COUNCIL IS SUPPOSED TO VOTE ON SITUATIONS LIKE THIS IN A PUBLIC MEETING, BUT THAT DIDN'T HAPPEN. 
          WHY WE EVEN PAY FOR TOMMY'S TRAINING ON A PCARD? WHY ARE TAXPAYERS FUNDING TRAINING TIED TO AN ORGANIZATION HE'S CONNECTED TO TECH QUALITY. 
          TEXAS FOUNDATION IS A DEI TRAINING PROGRAM AND I DON'T BELIEVE MIDDLE TAXPAYERS WILL BE HAPPY ABOUT IT BEING USED TO TRAIN CITY EMPLOYEES. 
          DEALINGS LIKE THIS ARE WHY MILERS DO NOT TRUST WHAT'S HAPPENING BEHIND CLOSED DOORS. 
          AND IT SEEMS BEING FRIENDS WITH TOMMY ALSO CREATES OPPORTUNITIES. 
          POSITIONS GET OPENED SOMETIMES EVEN FOR THEIR SPOUSES RIGGS UH, SOLUTIONS. 
          HERE'S TO TERMINATE TERMIN. 
          TO TERMINATE TOMMY'S CONTRACT LIKE PE DID AND GET RID OF THE MDC. 
          IT'S CORRUPT JUST LIKE Y'ALL. 
          AT THIS TIME I'D LIKE TO CALL ROBIN CAMPBELL TO COME FORWARD AND MAKE PUBLIC COMMENT. 
          HI ROBIN CAMPBELL. 
          I'M GONNA ASK Y'ALL TO LOOK AT THESE PAPERS I HANDED YOU EARLIER WITH TYPE A AND TYPE B. 
          IF YOU'LL TAKE YOURSELF TO THE SECOND PAGE. 
          WELL, IT TELLS YOU AT THE BOTTOM OF THE FIRST PAGE, SORRY, TYPE B PROJECTS. 
          SO THEN ON THE SECOND PAGE, I HELP ALL OF Y'ALL WILL ADMIT THAT THERE'S A DIFFERENCE BETWEEN TYPE A AND TYPE B AND THAT TYPE A IS MORE RESTRICTIVE. 
          TYPE B IS MORE OPEN TO PROJECTS. 
          SO LET'S LOOK AT THE TYPE B PROJECTS. 
          OKAY. 
          I DON'T THINK THE STATE WOULD DESIGNATE A TYPE B TAX IF THEY THOUGHT THAT ECONOMIC DEVELOPMENT COULD JUST FUND ANYTHING THEY WANTED TO. 
          SO THEY SPECIFICALLY DESIGNATED A TYPE B FOR THESE TYPE OF PROJECTS IT SAYS TYPE B SALES TAX MAY BE USED FOR PROJECTS UNDER ELIGIBLE UNDER TYPE A PLUS QUALITY OF LIFE IMPROVEMENT PROJECTS. 
          TYPE A IS INDUSTRIAL AND MANUFACTURING TYPE B CORPORATIONS MAY PAY FOR 
          [01:25:01]
LAND BUILDINGS, EQUIPMENT, FACILITIES, TARGETED AND STRUCTURE AND IMPROVEMENTS FOR SPORTS AND ATHLETIC FACILITIES. 
          TOURISM, I THINK A HOTEL WOULD FALL RIGHT UNDER TOURISM. 
          ENTERTAINMENT FACILITIES, CONVENTION FACILITIES. 
          THIS IS A CONVENTION CENTER HOTEL PUBLIC PARKS. 
          THIS IS A HOTEL CONVENTION CENTER HOTEL THAT Y'ALL HAVE SAID IS THE WHOLE MAIN REASON IS TO FULLY BENEFIT OUR CONVENTION CENTER AND OUR PARK. 
          OUR INVESTMENTS THAT WE'VE MADE IN OUR CONVENTION CENTER AND OUR PARK TYPE B MAY ALSO FUND RELATED STORE RESTAURANT CONCESSION PARKING AND TRANSPORTATION FACILITIES RELATED TO THESE TOURISM CONVENTION FACILITIES. 
          THIS HOTEL IS A TYPE B PROJECT. 
          I DON'T KNOW HOW ANYBODY COULD ARGUE THAT. 
          IF YOU LOOK AT THE FRONT PAGE, IT DOES TELL YOU, I'M SORRY, WE'RE HAVING YOU JUMP AROUND A LITTLE BIT. 
          BUT AT THE BOTTOM OF TYPE B PROJECT TYPE A PROJECTS, EXCUSE ME, IT SAYS, WITH VOTER APPROVAL TYPE A EDCS MAY FUND PROJECTS ELIGIBLE UNDER TYPE B WITHOUT VOTING TO ABOLISH THE TYPE A TAX AND IMPOSE A, THE TYPE B TAX. 
          IN THIS SITUATION, A TYPE A EDC MUST PUBLISH NOTICE OF ITS INTENT TO FUND A TYPE B PROJECT, HOLD AT LEAST ONE PUBLIC HEARING AND CONDUCT A SPECIAL ELECTION. 
          WE WANT Y'ALL TO PUT THIS ON THE AGENDA. 
          WE WANT ONE OF Y'ALL TO MAKE A MOTION TODAY. 
          I ASKED THIS LAST TIME, I'M GONNA KEEP ASKING IT BECAUSE DURING THE COUNCIL MEETING THERE WASN'T EVEN A DISCUSSION OF TYPE A OR TYPE B. 
          AND I'VE TALKED TO SEVERAL OF YOU THAT HAVE TOLD ME THAT YOU THOUGHT THIS WAS LEGAL AT THE TIME THAT YOU VOTED ON IT OR THAT YOU THINK IT'S ILLEGAL. 
          WE NEED TO HAVE THIS DISCUSSION IN PUBLIC ABOUT WHETHER THIS IS A LEGAL PROJECT OR NOT. 
          PLEASE ONE OF Y'ALL MAKE A MOTION TODAY TO PUT THIS ON THE AGENDA NEXT WEEK SO WE CAN HAVE MORE THAN THREE MINUTES TO TALK ABOUT IT AND NOT GET ARRESTED. 
          IF WE GO OVER THREE MINUTES AT THIS TIME, I'D LIKE TO CALL JUDGE CAMPBELL TO COME FORWARD AND MAKE PUBLIC COMMENT. 
          JUDD CAMPBELL, MIDLAND, TEXAS. 
          GOOD MORNING MAYOR. 
          COUNCIL MEMBERS, I WANNA START BY THANKING, UH, MR. NORMAN THIS MORNING. 
          UM, AT THE LAST COUNCIL MEETING, MR. RODRIGUEZ POINTED OUT SOME CONCERNS HE HAD ABOUT FUNDING FOR ONE OF YOUR NONPROFIT ORGANIZATIONS AND YOU RESPONDED IN A WAY THAT AT LEAST IN PART, IS HOW I WISH THAT ALL OF OUR COUNCIL MEMBERS WOULD RESPOND. 
          YOU ACKNOWLEDGE THAT IT WAS TRUE THAT YOU HAVE AN ORGANIZATION THAT, THAT HAS RECEIVED $2.1 MILLION FROM AN ORGANIZATION THAT HAS BEEN FUNDED BY THE CITY AND AND YOU ACKNOWLEDGE IT AND YOU SAID YOU THOUGHT IT WAS GOOD. 
          THAT'S THE SORT OF HONESTY AND OPENNESS THAT WE NEED TO HAVE FROM OUR CITY COUNCIL MEMBERS. 
          THAT OPENS THE DOOR FOR US TO HAVE LEGITIMATE RESPECTFUL MR. STUBBS RESPECTFUL CONVERSATIONS ABOUT ISSUES THAT ARE IN FRONT OF OUR CITY. 
          WITHOUT THAT, LET ME BE CLEAR. 
          THAT DOESN'T ANSWER ALL OF THE QUESTIONS. 
          THAT DOESN'T RESOLVE ALL OF THE ISSUES, BUT IT ALLOWS US TO HAVE AN HONEST AND RESPECTFUL CONVERSATION WITHOUT THAT. 
          THE WAY THAT THE MAYOR RESPONDS WHEN SHE'S ASKED SIMILAR QUESTIONS, PRECLUDES ANY HONEST GOOD FAITH CONVERSATIONS ABOUT THE ISSUES THAT ARE IN FRONT OF US. 
          A SIGNIFICANT ISSUE THAT WE HAVE IS THAT WE ARE FUNDING A HOTEL, AS MY WIFE JUST MENTIONED THROUGH THE MDC, THAT IS ILLEGAL FOR THE MDC TO FUND IT WITHOUT VOTER APPROVAL. 
          AND IT'S HAPPENING RIGHT NOW. 
          NOT ONLY IS IT ILLEGAL, THE INFORMATION THAT WAS PRESENTED BOTH AT MDC AND ESPECIALLY HERE AT CITY COUNCIL, WAS MISLEADING. 
          AT BEST OUTRIGHT LIES LIKELY TO PERSUADE YOU TO VOTE FOR IT. 
          THE FACTS DON'T LINE UP WITH WHAT WAS PRESENTED. 
          THE WAY THIS IS UNFOLDING IS NOT WHAT WAS PRESENTED TO THIS COUNCIL. 
          IT IS NOT WHAT WAS PRESENTED TO THE CITY. 
          WE DON'T EVEN KNOW HOW MUCH THIS PROJECT COSTS. 
          MADAM MAYOR HAS SAID $160 MILLION IN THE LAST FEW WEEKS, THAT'S DIFFERENT THAN THE $169.5 MILLION THAT WAS PRESENTED WHEN THIS WAS BEFORE COUNCIL. 
          THAT'S DIFFERENT THAN THE $150 MILLION THAT WAS BROUGHT UP BEFORE THAT. 
          THAT'S DIFFERENT THAN THE $125 MILLION MINIMUM THAT'S IN THE CONTRACT ITSELF. 
          IT'S DIFFERENT THAN WHAT'S BEEN FILED WITH THE STATE OF TEXAS, THE TEXAS DEPARTMENT OF LICENSING AND REGULATION THAT SAYS IT'S $126 MILLION, 350,000. 
          IT'S DIFFERENT THAN WHAT THE TEXAS COMPTROLLER HAS UNDER ITS 3 3 3 80 AGREEMENT PAGE WHERE IT INDICATES IT'S $165 MILLION PROJECT. 
          WE 
          [01:30:01]
DON'T EVEN KNOW HOW MUCH IT COSTS. 
          WE DON'T KNOW HOW MUCH THE, THE PUBLIC FUNDING IS. 
          IT HAS NOT BEEN FORTHCOMING. 
          IF WE ARE WRONG ABOUT THIS, THEN LET'S HAVE THAT CONVERSATION. 
          EXPLAIN THAT TO US. 
          LET'S LAY IT ALL OUT ON THE TABLE. 
          AND I'M ASKING SOMEBODY PLEASE MAKE A MOTION TO TODAY WHATEVER YOU NEED TO DO TO GET IT ON THE AGENDA SO THAT WE CAN HAVE AN HONEST, GOOD FAITH CONVERSATION ABOUT A SIGNIFICANT, HUGE PROJECT. 
          THIS IS $45 MILLION IN CASH FROM THE MDC $90 MILLION IN PUBLIC FUNDS. 
          PLEASE, YOUR REMARKS SIGNIFICANT TO THE CITY OF MIDLAND. 
          PLEASE RESPECT THE CITY. 
          THE CITY. 
          TAKE YOUR SEAT PLEASE. 
          EXECUTIVE 
          [EXECUTIVE SESSION]
SESSION ITEM NUMBER 41. 
          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 THE TEXAS GOVERNMENT CODE SECTION 5 5 1 0 7 1. 
          CONSULTATION WITH ATTORNEY WILL DISCUSS MATTERS IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICT WITH CHAPTER FIVE FIVE. 
          ONE OF THE TEXAS GOVERNMENT CODE WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION SECTION 5 5 1 0 7 2 DELIBERATION REGARDING REAL PROPERTY, DISCUSS THE PURCHASE EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY. 
          SECTION 5 5 1 0 7 4 PERSONNEL MATTERS WILL DELIBERATE THE EMPLOYMENT EVALUATION AND DUTIES OF THE CITY MANAGER, CITY ATTORNEY, CITY SECRETARY, MUNICIPAL COURT, PRESIDING JUDGE AND MUNICIPAL COURT ASSOCIATE JUDGE. 
          UH, SECTION 5 5 1 0 8 7 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. 
          WE'LL DISCUSS BUSINESS PROSPECTS THAT THE CITY SEEKS TO HAVE, LOCATE, STAY OR EXPAND IN OR NEAR THE CITY OF MIDLAND, TEXAS AND DISCUSS POSSIBLE INCENTIVES WITH THAT, WE STAND ADJOURNED TO EXECUTIVE SESSION AT 11:32 AM THANK YOU.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.