7. 2026-073 - RESOLUTION AWARDING A CONTRACT FOR THE MOCKINGBIRD LANE PHASE 1 PAVING AND DRAINAGE PROJECT TO REECE ALBERT, INC. OF SAN ANGELO, TEXAS, AT A TOTAL COST OF $1,177,016.31; APPROVING $235,403.26 FOR CONTINGENCIES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 1) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)

[7. 2026-073 - RESOLUTION AWARDING A CONTRACT FOR THE MOCKINGBIRD LANE PHASE 1 PAVING AND DRAINAGE PROJECT TO REECE ALBERT, INC. OF SAN ANGELO, TEXAS, AT A TOTAL COST OF $1,177,016.31; APPROVING $235,403.26 FOR CONTINGENCIES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 1) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

SEVEN, A RESOLUTION AWARDING A CONTRACT FOR THE MOCKINGBIRD LANE PHASE ONE PAVING AND DRAINAGE PROJECT TO REESE ALBERT INCORPORATED OF SAN ANGELO, TEXAS, AT A TOTAL COST OF $1,177,016.31, APPROVING $235. I'M SORRY, $235,403.26 FOR CONTINGENCIES AND APPROPRIATING FUNDS AND AUTHORIZING PAYMENT. IT'S MY UNDERSTANDING THAT WE HAVE SEVERAL COUNCIL MEMBERS WHO WOULD LIKE TO PULL THIS ITEM. BUT, COUNCILMAN STUBBS, DID YOU HAVE SOMETHING YOU WANTED TO SHARE IN ADDITION TO THAT? WELL, I'D LIKE JUST A QUICK OVERVIEW AND I'LL TURN IT OVER TO MR. BURKHOLDER, WHO'S DOVE INTO THIS ONE. SO, OKAY. SO COULD

[00:10:05]

YOU GIVE US A QUICK OVERVIEW, PLEASE, SIR? YES, SURE. GOOD MORNING, MAYOR AND COUNCIL.

THIS IS A SMALL SECTION OF MOCKINGBIRD THAT WILL HELP ACCESS AN EXISTING NEIGHBORHOOD TO THE NORTH. WHEN WE OPEN FAIRGROUNDS ROAD, WE STARTED RECEIVING PHONE CALLS ABOUT TRAFFIC VOLUME, EMAILS ABOUT TRAFFIC VOLUME, SOME IMPROVEMENTS NEEDED SAFETY IMPROVEMENTS, SPECIFICALLY AT FAIRGROUNDS AND OVER SIGN OVER SIGNS. THE CURRENT WAY THAT YOU ACCESS THIS NEIGHBORHOOD. AND YOU CAN SEE THE STREETS THAT ARE SHAPED LIKE THE NUMBER FOUR HIGHLIGHTED IN YELLOW, IS THIS SHORT SECTION OF MOCKINGBIRD. THIS IS PHASE ONE OF BUILDING MOCKINGBIRD EAST OF FAIRGROUNDS ROAD. WE ARE CURRENTLY WORKING ON EVENTUALLY GETTING IT FURTHER EAST TO TODD DRIVE AND IMPROVING CONNECTIVITY TO EXISTING NEIGHBORHOODS IN THAT AREA. THE BIDS WE RECEIVED FOR BIDS. THE LOW BID IS ABOUT 500 OR SO THOUSAND DOLLARS UNDER OUR ESTIMATE, SO IT WAS A GOOD BID. THE PROJECT IS ABOUT THREE MONTHS, BUT THIS WILL SIMPLY IMPROVE CONNECTIVITY TO EXISTING NEIGHBORHOODS. OKAY. THANK YOU. YEAH. AND ONE OF THE REASONS THAT I HAD A LITTLE BIT OF CONCERN ON THIS IS THAT I DO WANT TO EXPEDITE THIS AS QUICKLY AS POSSIBLE, BECAUSE I DO KNOW THAT WE HAVE RESIDENTS THAT NEED THIS ROAD VERY QUICKLY. BUT IN THAT SAME TOKEN, WE'RE FIDUCIARY STEWARDS OF TAXPAYER MONEY. AND THIS IS SOMETHING I WOULD LIKE TO HAVE A LITTLE BIT FURTHER CONVERSATION WITH THE DEVELOPER TO HANDLE THEIR PORTION OF THE ACTUAL TIE IN CURB, GUTTER THINGS OF THAT SORT. I DON'T THINK THAT IT'S A BIG ASK. I KNOW WE ARE HANDLING THE ROAD, BUT THERE ARE SOME THINGS THAT I WOULD LIKE FOR US TO GO BACK TO AND VISIT WITH THEM. THIS GIVES US A LITTLE TIME TO BE ABLE TO HAVE THOSE CONVERSATIONS AND SEE IF WE CAN GET SOME PARTNERSHIP BETWEEN THAT DEVELOPER AND SEE IF WE CAN'T HELP OUT THE TAXPAYERS OF MIDLAND JUST A LITTLE BIT. YES, SIR. AND I'LL REITERATE THAT THIS IS A VERY NEEDED PROJECT. AND THIS IS A GREAT EXAMPLE OF OF MIDLAND'S GROWTH. AND IT'S NOT KEEPING UP ON THE INFRASTRUCTURE SIDE, THAT INTERSECTION. WE'VE DONE A LOT OF WORK ON IT SINCE I'VE BEEN ON COUNCIL THE LAST YEAR, BUT IT IS STILL A VERY BUSY INTERSECTION CONSIDERING KIND OF WHERE IT IS. ALSO, IT'S RIGHT IN THE MIDDLE OF RESIDENTIAL AREAS AND IT'S THE MAIN ARTERY ARTERY TO GET OUT AND EITHER GO NORTH OR GO BACK WEST. SO IT IS VERY CRITICAL, BUT WE GOT TO MAKE SURE WE DO IT RIGHT. AND AGAIN, MAKE SURE WE DESIGN THAT ENTRANCE INTO THE COMMUNITY, ALSO ALLOWING FOR FUTURE DEVELOPMENT FURTHER TO THE EAST, WHICH IS GOING TO BE CRITICAL AS WE GROW THAT AREA. YES, SIR. I WOULD APPRECIATE US RELOOKING AT THAT AND SEEING IF THE DEVELOPER CAN REALLY HELP US OUT ON THAT COST SO WE CAN CONTINUE TO BUILD THAT ROAD AS NEEDED. YEAH. OKAY.

WELL, WE DO HAVE ONE REQUEST TO SPEAK ON THIS. ARE THERE ANY OTHER COUNCIL REMARKS BEFORE WE MOVE FORWARD WITH. OKAY. AND AT THIS TIME, I'D LIKE TO CALL JUDGE CAMPBELL TO COME FORWARD AND MAKE PUBLIC COMMENT. WELCOME, SIR. JUDGE CAMPBELL, MIDLAND, TEXAS. GOOD MORNING, MAYOR AND COUNCIL. I BELIEVE THE FUNDING, IF I WAS READING THE THE PACKET CORRECTLY, THE FUNDING FROM THIS IS COMING FROM THE ROAD BOND. AND I WAS CURIOUS ABOUT THAT BECAUSE I WAS THINKING THAT THOSE PROJECTS HAVE BEEN CONCLUDED. SO ARE WE STILL PULLING FROM THE ROAD BOND? IS THAT IS THEIR ABILITY TO DO THAT? IS THAT THE PLAN? AND MAYBE YOU CAN EXPLAIN HOW THAT ALL SHOULD BE WORKING. THANKS. THANK YOU FOR YOUR COMMENTS. THERE ARE VERY SMALL AMOUNT OF FUNDS LEFT, BUT SOMETHING ELSE WE HAVE TO CONSIDER IS WE ALSO HAVE TO SPEND THE THE INTEREST THAT'S LEFT. SO WE ARE AT THE VERY END OF THAT MONEY. THEY DID THE PROJECTS THAT WERE SLATED FOR THE ROAD BOND, AND THERE'S JUST A LITTLE BIT OF MONEY LEFT. SO WE'RE TRYING TO USE UP THE LAST BIT OF THAT MONEY SO THAT WE DON'T HAVE ANY ARBITRAGE ISSUES.

MORE THAN ALREADY WE HAVE WITH INTEREST. SO THE MAIN ISSUE HERE IS THAT WE WERE ABLE TO COMPLETE THE ROAD BOND SLATED PROJECTS FOR LESS MONEY THAN THEY WERE ESTIMATED. SO THERE WAS MONEY LEFT OVER FROM THAT, FROM PROJECTS. AND THAT'S WHAT THIS WAS. BUT I THINK THAT THAT IS PART OF THE POINT THAT COUNCILMEMBER COLTER AND STUBBS ARE MAKING. WE WANT TO MAKE SURE THAT WE'RE USING THAT MONEY THE BEST WAY WE CAN AND EVALUATE THAT. SO I THINK THAT'S THE REASON WHY THERE'S AN INTENTION TO HIT PAUSE HERE AND MAKE SURE THAT WE'RE ALLOCATING THOSE FUNDS WISELY. AM I SPEAKING CORRECTLY? CORRECT. ALL RIGHT. ANY FURTHER COMMENTS ON ITEM SEVEN? OKAY. DO WE HAVE ANY I THINK AT THIS POINT, SINCE WE'VE TAKEN IT UP AND DISCUSSED IT, A FORMAL DEFERRAL MIGHT BE APPROPRIATE. YEAH. SO I'LL MAKE A MOTION TO TABLE THIS UNTIL THE NEXT MEETING. OKAY. SECOND, WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER TO TABLE AND A SECOND FROM COUNCILMAN STUBBS TO TABLE. IF THERE ARE NO FURTHER COMMENTS OR DISCUSSION, LET'S VOTE. THE MOTION TO DEFER, TO DEFER CARRIES UNANIMOUSLY.

[9. 2026-075 - RESOLUTION AUTHORIZING THE EXECUTION OF A CONTINGENT FEE CONTRACT WITH MCCREARY, VESELKA, BRAGG & ALLEN P.C., ATTORNEYS AT LAW (THE “FIRM”) OF ROUND ROCK, TEXAS, FOR LEGAL SERVICES REGARDING THE COLLECTION OF UNPAID MUNICIPAL COURT FINES, FEES, AND COURT COSTS; AUTHORIZING THE ADDITION OF A 30 PERCENT COLLECTION FEE TO THE EXTENT PERMITTED BY ARTICLE 103.0031 OF THE TEXAS CODE OF CRIMINAL PROCEDURE; AND AUTHORIZING PAYMENT (DISTRICT: ALL) (GENERAL SERVICES) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)]

[00:15:03]

THANK YOU VERY MUCH. ITEM NUMBER NINE IS A RESOLUTION AUTHORIZING THE EXECUTION OF CONTINGENT FEE CONTRACT WITH MCCRORY. I'M GOING TO SAY MVBA ATTORNEYS AT LAW, THE FIRM OF ROUND ROCK, TEXAS, FOR LEGAL SERVICES REGARDING THE COLLECTION OF UNPAID MUNICIPAL COURT FINES, FEES AND COURT COSTS, AUTHORIZING THE ADDITION OF A 30% COLLECTION FEE TO THE EXTENT PERMITTED BY ARTICLE 103.003, ONE OF THE TEXAS CODE OF CRIMINAL PROCEDURE AND AUTHORIZING PAYMENT. I THINK SEVERAL OF US HAVE COMMENTS ON THESE, BUT I WANTED TO JUST LEAD OFF WITH. THERE'S AN AMENDMENT THAT I WOULD LIKE TO MAKE ON THIS BEFORE YOU DO.

OKAY. I'M GOING TO ABSTAIN FROM THIS. OKAY. I IN REVIEWING THE CONTRACT, IT WAS PROPOSED TO US AT A FIVE YEAR CONTRACT WITH A SIX MONTH NOTICE TO CANCEL. I WOULD LIKE TO AMEND THAT TO BE A THREE YEAR CONTRACT WITH A 30 DAY NOTICE TO CANCEL. I THINK WE'RE LOOKING FORWARD TO HAVING THESE FOLKS ON BOARD, AND WE HOPE THAT THAT'S GOING TO BE A PRODUCTIVE CONVERSATION. BUT WE ALSO WANT TO MAKE SURE THAT WE ARE PROTECTING OUR INTERESTS AND HAVE A PROCESS IN PLACE TO, TO, TO MANAGE THAT. SO WE EXPECT IT TO GO WELL. BUT I WANT US TO BE ABLE TO, IF THERE IS A PROBLEM, WE CAN MAKE A CHANGE IN THE VERY NEXT MONTH. SO WITH THAT, THAT'S REALLY MY REMARKS. DO Y'ALL HAVE ANY OTHER QUESTIONS FOR STAFF? I AGREE WITH THAT. I THINK FIVE YEARS IS A LITTLE BIT OF A STRETCH, ESPECIALLY AS WE'RE ENTERING IN. I KNOW WE'VE DEALT WITH THEM IN SOME CAPACITY BEFORE, BUT THIS IS A NEW VENTURE AND I WOULD LIKE TO SCALE THAT BACK AS WELL. I THINK THREE YEARS IS REALISTIC. SO, YOU KNOW, WITH THAT, I WOULD ASK IF ANYBODY ON COUNCIL WOULD LIKE TO MAKE THAT IN THE FORM OF A MOTION TO AMEND THE PROPOSED MEASURE HERE TO LIMIT IT TO THREE YEARS AND 30 DAY NOTICE. ONE, ONE COMMENT THAT I WOULD LIKE TO MAKE, IT'S IT'S JUST SOMETHING PARTICULAR WITH THE CONTRACT AND SPECIFICALLY TERMINATING THE CONTRACT. THERE ARE TWO WAYS TO TERMINATE THE CONTRACT. THERE'S LIKE THE THE MAYOR REFERENCED 180 DAYS OR SIX MONTHS AT WILL FOR ANY REASON WHATSOEVER. BUT THEN THERE'S ALSO REFERENCE IN HERE TO THE 30 DAYS PRIOR TO THE ANNIVERSARY DATE OF THAT, THAT THE CONTRACT COMES UP EVERY TIME. SO I JUST WANT TO MAKE SURE THAT WHEN WE'RE TALKING ABOUT 30 DAYS, ARE WE TALKING ABOUT REPLACING THE 180 DAYS WITH OKAY. YES. SO THEN IT WOULD BE 30 DAYS WHERE WE WOULD AT WILL, OKAY. DO WE HAVE ANYBODY INTERESTED? I THINK THAT'S THE KEY COMPONENT IS 30 DAYS AT WILL. AND WE DO HAVE THE VENDOR HERE. IF ANYBODY HAS ANY QUESTIONS FOR THEM. I DON'T HAVE ANY QUESTIONS. ANY OTHER COMMENTS. OKAY. THEN I'LL LOOK FOR ACTION FROM COUNCIL. SO I'LL MAKE A MOTION TO CHANGE THE CONTRACTUAL TERMS FROM A FIVE YEAR TO A THREE YEAR AND REPLACE THE 180 DAY CANCELLATION WITH A 30 DAY CANCELLATION. SO SECOND, WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER AND A SECOND FROM COUNCILWOMAN POOL. IF THERE ARE NO FURTHER DISCUSSION POINTS, THEN LET'S VOTE. THE MOTION TO

[10. 2026-076 - RESOLUTION APPROVING A CONTRACT WITH ALLEN TEINERT CONSTRUCTION COMPANY DBA TEINERT CONSTRUCTION WITH A GUARANTEED MAXIMUM PRICE NOT TO EXCEED $20,647,913.00 FOR THE CONSTRUCTION OF PHASE 2 OF THE BEAL PARK RENOVATION AND CONSTRUCTION PROJECT; APPROVING $1,000,000.00 FOR PROJECT RELATED EXPENSES; ACCEPTING, TRANSFERRING, AND APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 4) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

AMEND CARRIES 6 TO 0. THANK YOU VERY MUCH. WE'LL MOVE ON TO ITEM NUMBER TEN, A RESOLUTION APPROVING A CONTRACT WITH ALLEN TURNER CONSTRUCTION COMPANY, DBA TURNER CONSTRUCTION, WITH A GUARANTEED MAXIMUM PRICE NOT TO EXCEED $20,647,913 FOR THE CONSTRUCTION OF PHASE TWO OF THE BEAL PARK RENOVATION AND CONSTRUCTION PROJECT, APPROVING $1 MILLION FOR PROJECT RELATED EXPENSES AND ACCEPTING, TRANSFERRING AND APPROPRIATING FUNDS AND AUTHORIZING PAYMENT.

I DON'T I THINK YOU PULLED THIS ONE. YES. YEAH. GOOD MORNING. I JUST WANTED TO QUICK UPDATE AND THEN I THINK THIS IS REASON TO CELEBRATE. SO GOOD. I HAVE A LITTLE PRESENTATION. WOULD YOU LIKE TO SEE IT? IT'S JUST ABOUT WHAT IT'S GOING TO BE. OKAY, SO THIS IS THE BILL PARK PHASE TWO CONSTRUCTION. THIS IS KIND OF THE HEART OF THE PARK. SO AS WE GO INTO THIS, WE'RE DEFINITELY IMPROVING THE QUALITY OF PLACE HERE IN MIDLAND. THIS IS THE CURRENT PARK AS YOU SEE IT. YOU SEE HOW WE'VE DIVIDED IT INTO THREE PHASES. WE ARE JUST COMPLETE WITH PHASE ONE. AND PHASE TWO WILL INCLUDE THE AMPHITHEATER, THE PLAYGROUND, THE SPLASH PARK, AND ADDITIONAL SOCCER FIELDS. SO THIS WAS OUR ORIGINAL MASTER PLAN BEFORE WE WENT OUT AND TALKED TO PEOPLE ABOUT MAKING DONATIONS TO IMPROVE SOME OF THESE AMENITIES THAT WE WERE ALREADY PLANNING.

AND SO THE ORIGINAL PLAN HAD THE AMPHITHEATER IN ITS EXISTING LOCATION, AS WELL AS SOME SOCCER FIELDS AND SOME PARKING OVER ON THE WEST SIDE OF THE PARK. BUT AS WE RECEIVED ABOUT $10 MILLION IN DONATIONS, DONATIONS TO GO TOWARDS IMPROVING THESE THINGS, THE PLAN CHANGED A LITTLE. SO F.M. DONATED 1 MILLION TOWARDS THE AMPHITHEATER. EXXONMOBIL DONATED 1.5 MILLION TOWARDS THE PLAYGROUND, AND SCARBOROUGH FOUNDATION HAS DONATED 5 MILLION TOWARDS THE SPLASH PARK. THE REMAINING OF THAT 10 MILLION IS FROM THE BEAL FOUNDATION. SO WHEN THEY WHEN WE LOOKED AT REPROGRAMING, WE MOVED SOME THINGS AROUND. WE MOVED THE AMPHITHEATER OVER SO THAT THE SOUND IS MOVING AWAY FROM THE HOMES THAT ARE TO THE NORTH OF THE PARK. SO WE HOPE THAT WILL BE A MAJOR IMPROVEMENT. AND THEN WE ENLARGE THAT SPLASH PARK AND PLAYGROUND AREA AND ADDED SOME PARKING AND A THRUWAY THAT WILL

[00:20:02]

CONNECT TO PROVIDE BETTER CIRCULATION IN THE PARK. THIS IS HOW THAT ALL LAYS OUT. AND AS WE'VE GONE THROUGH THE DIFFERENT IMPROVEMENTS, WE'VE KIND OF INTEGRATED THAT THE PARK AREA ON THE RIGHT AND THE SPLASH PAD ON THE LEFT WITH A PLAZA IN THE CENTER AND THE AMPHITHEATER IS UP AT THE TOP. AND THEN THE RESTROOM AREA IS IN THE CENTRAL AREA. TO ALL OF THAT, I WANT TO GET TO THE PICTURES THAT ARE THE FUN GOINGT IS THE SPLASH PARK AREA. WE WILL HAVE A WATERFALL WITH SOME STONE STACKED SO THE KIDS CAN WALK UNDER IT, AND THEN IT COMES DOWN INTO A STREAM WITH BUBBLERS ALONG THAT STREAM AREA AND ENDS UP IN MORE OF A SPLASH PARK. TYPICAL WITH THE BIG JETS AND FOUNTAINS, AND THEN OVER INTO WHAT WE CALL THE MARBLES AREA. THAT'S MORE OF A SMALLER CHILDREN AREA THAT'S NOT SO ACTIVE WITH THE WATER, BUT THEY STILL GET WET. SO THIS IS A POSSIBLE DONOR ITEM THAT WE DON'T HAVE FUNDED YET. BUT IN THE THE ESTIMATE FROM THE CONTRACTOR, THERE WAS AN ALTERNATE. WE WENT AHEAD AND LEFT THAT OUT FOR NOW BECAUSE WE DON'T HAVE DONATIONS FOR THIS. BUT AT SOME POINT THIS WOULD BE CENTRAL TO THE PLAZA AREA. WE HOPE TO DO SOME TYPE OF PUBLIC ART THERE. AND TO BE CLEAR, THAT WILL NOT BE DONE UNLESS WE GET THE CONTRIBUTION. THIS IS NOT IT'S NOT IN THE FUNDING THAT WE'RE ASKING FOR TODAY. SO ON THE OTHER SIDE, ON THE EAST SIDE OF THE AREA, THERE'S THE PLAYGROUND THAT WILL GO UP INTO AN ELEVATED AREA THAT WILL BE THE BACK SIDE OF THE AMPHITHEATER. SO THERE IS QUITE SOME ELEVATION CHANGE THERE. THE BIGGER TOWERS ARE FOR THE OLDER KIDS, AND THEN THERE'S A 2 TO 5 YEAR OLD AREA DOWN ON THE BOTTOM LEFT. AND THEN WE DO HAVE SWINGS AS WELL. HERE'S SOME MORE PICTURES OF THAT SMALLER AREA. AND THEN I'LL TALK A LITTLE BIT ABOUT THE AMPHITHEATER. WE ARE EXCITED ABOUT THIS. WE HAVE LOTS OF FOLKS THAT WANT TO HAVE CONCERTS IN THE PARKS, AND THEY USUALLY END UP ON A SOCCER FIELD. AND SO TO HAVE A LOCATION THAT WOULD ACTUALLY PROVIDE A STAGE AND SOMETHING SIMILAR TO THE STAGE AT CENTENNIAL PARK, WHERE THERE CAN BE GOOD EVENTS, WILL SEAT ABOUT 2000 PEOPLE. SO THIS IS THE RENDERING OF THAT SHADED AREAS OVER THE STAGE AND OVER THE SEATING. AND THEN THAT BUILDING IN THE FOREGROUND IS THE RESTROOM BUILDING. THIS IS NIGHT LIGHTING OF THOSE SHADED AREAS. WE THINK THAT WILL BE AN ICONIC FEATURE OF THE PARK IN THE DAYTIME SHADED AREAS IN THE AFTERNOON. AND AGAIN, THERE'S THE STAGE AND ACTIVELY BEING USED, HOPEFULLY. SO AGAIN THIS IS THE TIMELINE FOR THIS. THE DESIGN IS NOW COMPLETE. WE'RE READY TO MOVE INTO THE CONSTRUCTION PHASE. THAT WOULD TAKE UNTIL ABOUT EARLY 28 TO FINISH THIS. AND THE CONSTRUCTION BUDGET FOR THIS PARK IS 21,000,647. AND WHAT WE NEED NOW IS THE RESOLUTION TO GO FORWARD WITH THE FUNDING, WITH THE CONSTRUCTION CONTRACT, WITH TURNER CONSTRUCTION. THANK YOU. ANY OTHER QUESTIONS OR COMMENTS? THANK YOU SO MUCH FOR THAT. AND THANK YOU TO ALL THE PARTNERS WHO ARE MAKING THIS HAPPEN AS WELL. THANK YOU.

AWESOME. ALL RIGHT. WELL, THANK YOU. IF THERE'S NO FURTHER DISCUSSION AMONG COUNCIL, THEN I'LL LOOK FOR YOUR ACTION MOTION FROM COUNCILWOMAN BURKS. WE HAVE A SECOND FROM COUNCILMAN STUBBS. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES

[12. 050-2026 - MOTION ACCEPTING GRANT FUNDS IN THE AMOUNT OF $150,000.00 AWARDED BY THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES; SAID GRANT FUNDS SHALL BE USED FOR ANIMAL SPAY AND NEUTER PROCEDURES; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO ACCEPT SAID GRANT FUNDS; AND APPROPRIATING FUNDS (DISTRICT: ALL) (ANIMAL SERVICES) (SET THE STANDARD FOR A SAFE AND SECURE CITY)]

UNANIMOUSLY. THANK YOU VERY MUCH. WE'LL MOVE FORWARD TO ITEM NUMBER 12, A MOTION ACCEPTING GRANT FUNDS IN THE AMOUNT OF 150,000 AWARDED BY THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, SAID. GRANT FUNDS SHALL BE USED FOR ANIMAL, SPAY AND NEUTER PROCEDURES, AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO ACCEPT SAID GRANT FUNDS AND APPROPRIATING FUNDS. COUNCILWOMAN BURKS YES, I THINK THIS IS ANOTHER GREAT ITEM, AND SO I JUST KIND OF WANTED TO GIVE YOU THE OPPORTUNITY TO TALK ABOUT IT. SURE. I'M ALEXI DOBERSTEIN, I'M WITH ANIMAL SERVICES AS THE MANAGER THERE. THIS WAS A HIGHLY SOUGHT AFTER GRANT WITH HUNDREDS, IF NOT THOUSANDS OF APPLICATIONS. WE'RE EXTREMELY LUCKY TO BE SELECTED FOR IT, AND IT IS A STEPPING STONE FOR US TO IMPROVE OUR SPAY AND NEUTER SERVICES FOR THE CITY. AND HOPEFULLY IT CONTINUES NEXT YEAR AND WE'LL BE AWARDED AGAIN.

THANK YOU VERY MUCH FOR THE WORK THAT YOU'VE DONE ON OUR ANIMAL SHELTER. WE'RE REALLY, REALLY PROUD OF YOU AND JUST THE IMPROVEMENTS THAT YOU'VE MADE TO OUR PROCESSES AND THE THINGS THAT ARE OUT THERE. THIS IS A GREAT WIN AND A TESTAMENT TO YOUR LEADERSHIP. THANK YOU.

ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? ALL RIGHT. THANK YOU VERY MUCH. WE'LL LOOK FOR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILWOMAN BURKS AND A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES

[15. 2026-079 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MIDLAND, TEXAS REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DISTRICT: ALL) (UTILITIES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

UNANIMOUSLY. THANK YOU. WE'LL MOVE ON TO ITEM NUMBER 15, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MIDLAND, TEXAS, REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD, AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH, AND I DON'T. DID YOU PULL THIS? YES. MR. CREGO, I WANTED TO CONGRATULATE YOU ON ON YOUR HARD WORK ON THIS PROJECT. CAN YOU TELL US ONE, HOW MANY NEW WELLS WILL BE OPENING, HOW MUCH THAT MEANS FOR THE CITY AS FAR AS MILLIONS

[00:25:05]

OF GALLONS PER DAY, AND WHERE WE GOT THE MONEY AND HOW MUCH OF IT WE GOT? WELL, THIS IS A RESOLUTION TO GO FOR THE MONEY. SO THE TEXAS WATER DEVELOPMENT BOARD RECEIVED AN HOUSE BILL, 500, $1 BILLION TO PUT OUT IN GRANTS, WHICH IS REALLY UNHEARD OF. THEY NORMALLY DO LOANS OR MATCHES, AND THIS IS 100% GRANT. SO WE'RE GOING FOR BECAUSE WE NEED A RESOLUTION FROM COUNCIL THAT ALLOWS US TO PUT IN AN APPLICATION. SO IT WILL BE FOR $21 MILLION. WE'RE LOOKING AT 19 WELLS THAT PAUL DAVIS WILL FIELD TO BRING US ONLINE AT 12 MILLION GALLONS ONLINE, WHERE WE'RE GOING TO TREAT THAT TO 10 MILLION GALLONS WITH AN RA TREATMENT AROUND 2030. AND THIS IS FOR A WELL FIELD THAT WE'VE OWNED FOR MANY DECADES. SO THIS IS SOMETHING THAT WILL OPTIMIZE SOMETHING WE ALREADY OWN AND ALLOW US TO USE THAT. IT'S A WELL FIELD WE HAVEN'T USED IN ALMOST 11 YEARS. IT NEEDS TREATMENT. THE CITY HAS TURNED THAT OFF AND HAS BEEN WORKING OVER THE PAST FEW YEARS. WE'VE ALREADY SPENT ABOUT $9 MILLION BRINGING THAT ONLINE TO GET READY FOR 2030, BRINGING WATER BACK INTO MIDLAND. YEAH. AND, YOU KNOW, I WANT TO HIGHLIGHT THE FACT THIS IS A GOOD USE OF RESOURCES HERE. I MEAN, WE HAVE A PREEXISTING FIELD AND YES, WE HAD SOME ISSUES, BUT WITH MODERN TECHNOLOGY, WE'RE IN A SPOT WHERE WE CAN WE CAN CHANGE THAT THE QUALITY OF THE WATER AND GET IT TO WHERE WE NEED VERY EASILY. AND WE'RE UTILIZING AN ASSET THAT WE ALREADY HAVE, AND ESPECIALLY WITH THE GRANT FUNDS THAT WE HAVE. AND I THINK THIS IS EXTREMELY IMPORTANT TO I MEAN, WE HAVE TWO PRIMARY SOURCES OF WATER. WE HAVE OUR CRM, WD CONTRACT, AND WE HAVE T BAR. THIS IS GIVING US OUR THIRD OPTION TO WHERE IF SOMETHING WAS TO HAPPEN AS FAR AS REDUNDANCY, WE HAVE THIS EXTRA WATER NOW THAT IS GOING TO PUT US IN A BETTER POSITION. AND SO GOOD JOB ON THIS. THIS IS SOMETHING THAT I KNOW THAT A LOT OF PEOPLE HAVE HAVE LOOKED FOR. AND SO THANK YOU. THANK YOU, CARL, NOT TO GIVE YOU A BIG HEAD, BUT CINNAMON. IT'S NOT JUST ON THIS, BUT ON MULTIPLE PROJECTS. YOUR WILLINGNESS TO LOOK INTO DIFFERENT TECHNOLOGIES AND THINGS LIKE THAT, THAT IS JUST OUT OF THE BOX. THINKING HAS HAS MADE SOME REAL DIFFERENCES WITHIN THE CITY AND OUR WATER SYSTEM. SO REALLY GREAT JOB. THANK YOU. I HAVE A PRESENTATION LATER. THANK YOU. ALL RIGHT. WE APPRECIATE YOU ALL. AND MICHELLE, THANK YOU FOR THE WORK THAT YOU DO ON ALL OF OUR GRANTS. YOU HAVE JUST MULTIPLIED THE NUMBER OF GRANTS THAT WE'VE BEEN RECEIVING, AND WE'RE REALLY THANKFUL FOR YOUR WORK ON THAT. ALL RIGHT. WELL, WITH THAT, THEN WE'LL LOOK, I HAVE A MOTION FROM COUNCILMAN LADD. I HAVE A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE'S NO FURTHER DISCUSSION ON ITEM 15, LET'S VOTE. THE

[16. 10763 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR AN 8,822-SQUARE-FOOT PORTION OF LOT 1, BLOCK 12, WESTRIDGE PARK ADDITION, SECTION 49, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF DEAUVILLE BOULEVARD AND AVALON 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 (FIRST READING HELD MAY 12, 2026) (DISTRICT: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

MOTION CARRIES UNANIMOUSLY. THANK YOU SO MUCH. AND WE WILL MOVE FORWARD TO SECOND READINGS, ITEM NUMBER 16, PLEASE. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR 8822 SQUARE FOOT PORTION OF LOT ONE, BLOCK 12 WEST RIDGE PARK ADDITION SECTION 49. CITY AND COUNTY OF MIDLAND, TEXAS.

GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF DEAUVILLE BOULEVARD AND AVALON DRIVE, WHICH IS PRESENTLY ZONED RR REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALCOHOLIC BEVERAGES AND 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. THIS IS THE SECOND READING. WE HEARD THIS AT THE LAST COUNCIL MEETING. DO WE HAVE ANY QUESTIONS FOR STAFF OR ANY ACTION FROM COUNCIL ON ITEM 16? WE HAVE NO REQUEST TO SPEAK. SO. ANYONE. WOULD ANYONE LIKE TO MAKE A MOTION ON ITEM NUMBER 16? WE HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN LAD. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU VERY

[17. 10764 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 10 AND 11, BLOCK 2, SOLOMON ESTATES, SECTION 2, CITY AND COUNTY OF MIDLAND, TEXAS, FROM AE, AGRICULTURAL ESTATE DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT FOR HOUSING DEVELOPMENT (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH A STREET AND MOCKINGBIRD LANE); 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 MAY 12, 2026) (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

MUCH. WITH THAT, WE'LL MOVE FORWARD TO ITEM NUMBER 17, PLEASE. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS TEN AND 11, BLOCK TWO, SOLOMON ESTATE, SECTION TWO, CITY AND COUNTY OF MIDLAND, TEXAS, FROM AGRICULTURAL ESTATE DISTRICT TO PD PLAN DEVELOPMENT DISTRICT FOR HOUSING DEVELOPMENT. GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH EIGHTH STREET AND MOCKINGBIRD LANE, CONTAINING A CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. THANK YOU VERY MUCH. ALL RIGHT. THIS IS ALSO A SECOND READING. DOES ANYONE HAVE ANY QUESTIONS FOR ITEM NUMBER 17 BEFORE WE OPEN UP AND ALLOW FOR SOME PUBLIC SPEAKING? WOULD IT BE ALLOWABLE JUST TO FROM THE DEVELOPER FIRST? YES, WE CAN DO THAT. LET'S JUST DO THAT. THEY'VE BEEN DOING A LOT OF WORK HERE.

IF YOU WOULD LIKE TO COME FORWARD AND TALK TO US FROM THE PERSPECTIVE OF THE DEVELOPER.

GOOD MORNING, MAYOR AND COUNCIL, TIM DUNAWAY ASSOCIATES. THANK YOU FOR HAVING ME. I WILL BE MUCH MORE BRIEF THIS TIME THAN LAST COUNCIL. SO FOLLOWING UP FROM THE LAST MEETING, WE DID MAKE A FEW CHANGES. IT LOOKS LIKE WE SHOULD BE ABLE TO PULL IT UP. SO ONE THING THAT WAS REQUESTED WAS TO REDESIGN THE ENTRIES SO THAT THE ENTRY OFF OF MOCKINGBIRD WOULD FUNCTION

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AS THE PRIMARY ENTRY TO THE DEVELOPMENT. SO WE HAVE MADE THAT CHANGE. YOU CAN SEE GRAPHICALLY UP ON THE SCREEN WITH THAT ALYSHEBA, THE THE ENTRY EXIT OFF OF ALYSHEBA BECOMES A SECONDARY ENTRY POINT. IT'S BEEN THE DEVELOPER'S INTENT THAT THAT BE FOR RESIDENTS ONLY. AND I KNOW THERE'S BEEN SOME CONCERN OVER THE THE FUNCTION OF THAT GATE, HOW IT WORKS AS IT RELATES TO TRAFFIC IN THE NEIGHBORHOOD. AND SO AGAIN, THE DEVELOPER'S INTENT WAS WHETHER IT BE A CLICKER, A MAGNETIC KIND OF WINDOW STICKER, SOMETHING TO IDENTIFY THE RESIDENTS, TO ONLY BE ABLE TO USE OR TO BE THE ONLY ONES WHO COULD USE THAT GATE. WE HAVE BEEN MADE AWARE OF, OF SOME CONTINUING CONCERN REGARDING THAT FUNCTION. SO THE DEVELOPER PROACTIVELY, WITH KIND OF A COMPROMISE, WOULD REQUEST THAT THAT BE EXIT ONLY FOR THE RESIDENTS ENTRY WOULD BE FOR EMERGENCY ACCESS. WE THINK THAT'S IMPORTANT BECAUSE ESPECIALLY AS MOCKINGBIRD GROWS, THERE COULD BE, YOU KNOW, ANY NUMBER OF THINGS, WHETHER THAT'S CONSTRUCTION, TRAFFIC AND ACCIDENT, GOD FORBID THAT COULD CLOSE DOWN THAT MAIN ENTRY AT MOCKINGBIRD OR MAKE IT REALLY TENUOUS TO GET IN AND OUT. AND WE THINK IT'S IMPORTANT FOR RESIDENTS TO HAVE A WAY TO GET OUT THE WAY IN MAY BE MORE COMPLICATED. THAT'S OKAY. BUT IN THE EVENT OF AN EMERGENCY NEEDING TO GET TO THE HOSPITAL, A LOVED ONE, SICK KID, THEY NEED TO BE ABLE TO GET OUT OF THE THE DEVELOPMENT. SO THE DEVELOPER HAS KIND OF PROACTIVELY MADE THAT SUGGESTION. WE CAN REFLECT IT IN THE ORDINANCE AS NEEDED IF IF THAT'S AGREED UPON BY Y'ALL. SO JUST FOR ME TO RESTATE WHAT I'M HEARING YOU SAY, AMEND WHAT WAS APPROVED AT THE LAST MEETING TO SAY THAT THE THE ENTRY AND EXIT ON ALYSHEBA WOULD BE AMENDED ONLY TO BE EXIT ONLY FOR RESIDENTS ONLY, AND THEN THE ENTRANCE WOULD BE FOR EMERGENCY ACCESS ONLY ON THE SIDE. YES, MA'AM. OKAY. ARE THERE ANY OTHER QUESTIONS FROM COUNCIL MEMBERS OR COMMENTS FROM COUNCIL MEMBERS? I'LL MAKE A QUICK COMMENT BECAUSE THIS WAS UNFORTUNATELY, I WAS NOT HERE AT THE LAST MEETING. AND THIS IS SOMETHING THAT I FIND VERY NEAR AND DEAR TO MY HEART, JUST BECAUSE OF THE WHOLE REASON WHY I'M ON COUNCIL TODAY.

AND THERE WAS A LOT OF COMMUNICATION BACK AND FORTH WITH TRYING TO COME UP WITH SOME SOLUTIONS. I VISITED WITH SOME OF THE HOMEOWNERS, RESPONDED TO SOME EMAILS AND, AND TRIED TO HAVE SOME GOOD CONVERSATION ON WHAT REALLY IS BEST FOR THE RESIDENTS. AND I THINK THAT THIS THERE WAS A LOT OF. I WANT TO COMMEND EVERYBODY THAT MADE THAT HAPPEN BECAUSE, I MEAN, THERE WAS A LOT OF DIFFICULT DISCUSSIONS THAT THAT AND THAT ENSUED. AND, AND SOMETIMES, THOUGH, THAT'S THE BEST WAY TO GET TO AN AMICABLE SOLUTION WHERE ALL PARTIES CAN CAN MOVE FORWARD WITH THIS. I THINK THERE'S SOME PEOPLE THAT, YOU KNOW, LOOK, THIS IS RAW, IT'S EMOTIONAL, AND IT'S GOING TO BE DIFFICULT FOR THEM TO TO DEAL WITH IT. AND I BELIEVE ME, I UNDERSTAND THAT 100%. BUT I DO WANT TO SAY THANK YOU FOR ALL THOSE THAT WERE INVOLVED IN TRYING TO COME UP WITH THOSE SOLUTIONS. AND I THINK THAT WE'RE WE'VE WORKED TO A SOLUTION THAT IS, IS THE MOST BENEFICIAL WITH WITH WHAT WE GOT IN FRONT OF US. SO THANK YOU. YES, SIR. I WOULD LIKE TO JUST REITERATE THAT THIS HAS BEEN A VERY LONG PROCESS. AND I KNOW WE'VE GONE THROUGH LOTS OF ITERATIONS, WE'VE HAD LOTS OF REALLY GOOD CONVERSATIONS ON HOW TO MAKE IT SAFE FOR THE EXISTING NEIGHBORHOOD AND ALSO FOR THE NEW NEIGHBORHOOD. AND I THINK THE THE DEVELOPERS COMING TO THE TABLE AND SAYING, HEY, WE'RE WILLING TO MAKE A LITTLE BIT OF A CHANGE. BUT ALSO, YOU KNOW, WE'VE GOT TO BALANCE THE SAFETY OF THE NEW NEIGHBORHOOD ALSO. AND I THINK THIS IS A GREAT COMPROMISE THAT DOES JUST THAT. IT MAKES IT SAFE FOR EVERYBODY. AND IT ALSO GIVES US A GREAT KIND OF SPRINGBOARD TO START DEVELOPING THAT AREA THE WAY IT NEEDS TO BE, AND CATCH UP THE INFRASTRUCTURE FOR THE GROWTH THAT WE'RE SEEING IN THAT PART OF TOWN, TOO. AND I THINK ADDING THAT STOP SIGN AT ALYSHEBA IS A GREAT FIRST STEP TO TRYING TO CONTROL THAT TRAFFIC THAT WE'RE SEEING IN THAT SIDE OF TOWN. SO I THANK YOU VERY MUCH FOR DOING THAT WORK ALSO. YES, SIR. AND THIS IS MORE DIRECTED TOWARDS STAFF, BUT JUST JUST TO PIGGYBACK OFF WHAT COUNCILMAN STUBBS SAID, I REALLY WANT TO MAKE SURE WE GET ANOTHER TRAFFIC STUDY DONE. I KNOW I BROUGHT THAT UP AT THE LAST MEETING, BUT JUST WITH THE GROWTH THAT'S HAPPENING IN THAT ENTIRE AREA, WE WE HAVE TO MAKE SURE THAT THAT HAPPENS BEFORE ALL THESE HOMES COME ONLINE. COUNCILMAN, I THINK YOU'RE ABSOLUTELY RIGHT WITH THAT. WE NEED THE TRAFFIC STUDY. AND THEN I'VE ALSO REQUESTED FOR KIND OF A NEIGHBORHOOD INITIATIVE WITH OUR PD ENFORCING OUR NEIGHBORHOODS AND THE SPEEDING THROUGH THE STREETS OF OUR LOCAL NEIGHBORHOODS. SO I'D LIKE TO LOOK AT THAT AS WELL. AND I BELIEVE THERE WAS ALSO A FEW REQUESTS FOR STOP SIGNS. SO I WANT TO MAKE SURE THOSE HAPPEN.

AND WE HAVE A TIMELINE OF WHEN THE STOP SIGNS WILL GET INSTALLED. AND YOU KNOW, THIS ITEM HITS CLOSE TO HOME AS WELL BECAUSE THERE'S TWO OF US THAT ARE ON COUNCIL BECAUSE OF ISSUES JUST LIKE THIS. SO THIS IS IMPORTANT TO US. I MEAN, I BELIEVE NEIGHBORS HAVE A BIG SAY IN DEVELOPMENT. SO I WILL ADD ALSO, I FORGOT TO SAY, YOU KNOW, WE DID HAVE A MEETING

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LAST WEEK WITH THE NEIGHBORHOOD AND THE DEVELOPER, AND WE HOPEFULLY WILL HAVE OUR NEXT MEETING IN JULY JUST TO REALLY TALK ABOUT AS WE DO THINGS LIKE GET THE TRAFFIC STUDY INFORMATION, MAKE SURE WE'RE SHARING THAT WITH THE NEIGHBORHOOD, AND MAKE SURE THEY'RE KIND OF SEEING THE SAME THING THAT THE DATA IS SHOWING US, AND MAKE SURE WE'RE MOVING TOGETHER IN THE RIGHT WAY. IT WAS A GREAT MEETING. WE GOT TO KIND OF DISCUSS THE PRELIMINARY DESIGN OF MOCKINGBIRD AND KIND OF WHAT THAT'S GOING TO LOOK LIKE, AND WE GOT SOME FEEDBACK ON HOW THAT'S GOING TO IMPACT THIS COMMUNITY. AND I REALLY HOPE WE START HAVING THOSE CONVERSATIONS MORE AND MORE IN THIS AREA, BECAUSE IT REALLY IS A VERY FAST GROWING PART, AND WE GOT TO MAKE SURE WE KEEP THE INFRASTRUCTURE AND THE SAFETY ASPECT ALONG WITH THE GROWTH.

SO THAT WAS A GREAT MEETING AND I HOPE THAT CONTINUES WELL AND KIND OF PIGGYBACK ON ON WHAT YOU WERE SAYING, I WAS TOLD AS WELL THAT THERE WILL BE CONTINUED COMMUNICATION WITH THE NEIGHBORHOOD AS THIS DEVELOPMENT CONTINUES TO GROW. AND I THINK THAT THAT'S EXTREMELY IMPORTANT WITH THIS DEVELOPMENT TO MAKE SURE THAT THEY UNDERSTAND WHAT'S GOING ON.

I THINK THAT THAT'S GENERALLY WHEN THERE'S ISSUES, IT'S A LACK OF COMMUNICATION. AND SO, YEAH, IF WE CAN KEEP THOSE LINES OF COMMUNICATION OPEN AND GIVE REGULAR UPDATES, I THINK THAT WOULD THAT WOULD BE EXTREMELY HELPFUL. YES, SIR. AWESOME. OKAY. WE DO HAVE SOME REQUESTS TO SPEAK CARDS. SEVERAL OF THEM HAVE JUST CHECKED THAT THEY DON'T WANT TO SPEAK. THEY JUST WANTED TO REGISTER THEIR OPINION. THERE ARE SEVERAL IN BOTH IN FAVOR AND IN OPPOSITION. THEN I DO HAVE TWO ACTUAL REQUESTS TO SPEAK. BOTH SAY IF NEEDED. SO IF YOU WOULD LIKE TO SPEAK THEN YOU'RE WELCOME. IF YOU'D LIKE TO DECLINE, THEN YOU CAN ALSO DO THAT. BUT FIRST I'LL CALL JOHN MCDONALD. WOULD YOU LIKE TO MAKE PUBLIC COMMENT AT THIS TIME? NO. OKAY. CINDY BLACK, WOULD YOU LIKE TO MAKE PUBLIC COMMENT AT THIS TIME? ALL RIGHT THEN THAT CONCLUDES THE REQUEST TO SPEAK CARDS THAT I HAVE ON THIS ITEM. AND SO I WILL CLOSE THE PUBLIC HEARING PORTION OF THAT AND LOOK FOR FURTHER DISCUSSION OR ACTION FROM COUNCIL. I WOULD JUST LIKE TO MAKE A MOTION, AS MR. HARRIS STATED, AMENDING IT TO ALLOW FOR THAT MAIN EXIT OR MAIN ENTRANCE AND EXIT. BE ON MOCKINGBIRD. CONTINUE WITH THE STOP SIGN AT ALYSHEBA AND SIR BARTON AND MAKING THAT A EXIT ONLY AND AN EMERGENCY ENTRANCE MOVING FORWARD FOR THE PROJECT. OKAY, SO WE HAVE THAT IN THE FORM OF A MOTION FROM COUNCILMAN STUBBS. MARCIA, DO YOU HAVE WHAT YOU NEED ON THAT? THANK YOU. OKAY, SO WE HAVE A MOTION. AND JUST TO COUNCILMAN STUBBS, JUST TO CLARIFY, YOU SAID EMERGENCY ENTRANCE ONLY.

IT'S EMERGENCY ENTRANCE AND EXIT EXIT. YOU'RE CORRECT. YES, IT WOULD BE EMERGENCY EXIT.

PERMANENT EXIT ONLY. CORRECT. OKAY. ALL RIGHT. SO WE HAVE THAT IN THE FORM OF A MOTION.

DO WE HAVE A SECOND? WE HAVE A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION TO AMEND CARRIES UNANIMOUSLY. ALL RIGHT. AND I DO WANT TO ALSO, BEFORE WE MOVE PAST THAT ONE, WE HAD ALSO TALKED ABOUT THE TRAFFIC ON SOLOMON, WHICH I THINK SPEAKS TO WHAT COUNCILWOMAN POOLE WAS SAYING. AS I'VE DRIVEN AROUND OVER THE LAST FEW WEEKS IN THIS WHOLE AREA, I THINK THE MOST EGREGIOUS TRAFFIC CONCERNS ARE ON SOLOMON RIGHT NOW. AND SO I WOULD LIKE FOR OUR TRAFFIC STUDY ON THAT PARTICULAR PORTION TO BE AS ACCELERATED AS POSSIBLE JUST FOR SAFETY SAKE. SO WITH THAT, WE'LL MOVE ON TO

[18. 10766 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOTS 2, 3, AND 4, AND THE EAST NINE FEET OF LOT 5, BLOCK 8, REPLAT OF LOMA LINDA ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF EAST SCHARBAUER DRIVE, APPROXIMATELY 85 FEET WEST OF NORTH LAMESA ROAD), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A BAR FOR ON-PREMISES CONSUMPTION; MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

PUBLIC HEARINGS. AND NUMBER 18, IF AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOTS TWO, THREE AND FOUR AND THE EAST NINE FEET OF LOT FIVE, BLOCK EIGHT, REPLAT OF LOMA LINDA EDITION, CITY AND COUNTY AND MIDLAND, TEXAS, GENERALLY LOCATED ON THE NORTH SIDE OF EAST SCARBOROUGH DRIVE, APPROXIMATELY 85FT WEST OF NORTH LA MESA ROAD, WHICH IS PRESENTLY ZONED RR REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A BAR FOR ON PREMISES CONSUMPTION, MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING A CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. THANK YOU VERY MUCH, ELIZABETH. GOOD MORNING. ELIZABETH TRIGGS, PLANNING AND DEVELOPMENT OFFICER THIS IS A SPECIFIC USE DESIGNATION FOR AN EXISTING RESTAURANT, RUDY'S SPORTS BAR AT LOCATED AT 409 EAST SCARBOROUGH, FOR THE SALE OF ON PREMISE ALCOHOL CONSUMPTION. THIS IS ONE OF THOSE ONES THAT IS EXISTING. AND AS WE CONTINUE TO DO OUTREACH WITH OUR BUSINESSES, WE BRING THEM UP TO SPEED WITH OUR CURRENT ORDINANCES AND REQUIREMENTS AND GET THEM INTO COMPLIANCE. AND SO THIS IS THE RESULT OF ONE OF THOSE, WHICH IS WHY YOU'RE SEEING IT TODAY. NOTHING IS CHANGING ABOUT THE BUSINESS ITSELF. THIS IS A LOOK AT THEIR CURRENT HOURS OF OPERATION. AND THE ALCOHOL SERVICE WOULD MATCH THOSE HOURS AS WELL. HERE'S A LOOK AT THE PROPERTY. IT MEETS THE CODE REQUIREMENTS IN TERMS OF BEING SPACED FROM SCHOOLS, ETC. NO OBJECTIONS WERE RECEIVED WHEN NOTICE WAS SENT OUT. THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL ON MAY 18TH AND STAFF DOES AS WELL.

ALL RIGHT. ANY QUESTIONS FOR ELIZABETH? ALL RIGHT. THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. WE HAVE NO REQUEST TO SPEAK ON ITEM NUMBER 18, SO I'LL CLOSE THE PUBLIC

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HEARING AND LOOK FOR ACTION OR FURTHER DISCUSSION. WE HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN LADD. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE

[19. 10767 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 3A, BLOCK 62, BELMONT ADDITION, SECTION 13, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF EAST INTERSTATE 20, APPROXIMATELY 390 FEET EAST OF SOUTH BAIRD 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 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)]

MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM NUMBER 19, PLEASE. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT THREE, A BLOCK 62 BELMONT EDITION, SECTION 13. CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE NORTH SIDE OF EAST INTERSTATE 20, APPROXIMATELY 390FT EAST OF SOUTH BROAD 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 ON PREMISES CONSUMPTION, MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN. CONTAINING A HUMAN CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. THIS IS ANOTHER SPECIFIC USE DESIGNATION FOR A COMBINED IHOP APPLEBEE'S CONCEPT LOCATED AT 301 EAST INTERSTATE 20. AGAIN, THERE IS AN EXISTING IHOP THERE, BUT IT WILL BE COMBINED WITH AN APPLEBEE'S. THE HOURS OF OPERATION ARE 24 OVER SEVEN.

THE PROPOSED HOURS OF ALCOHOL SERVICE ARE MONDAY THROUGH SATURDAY, 7 A.M. TO 2 A.M. AND SUNDAY, 10 A.M. TO 2 A.M. AND CURRENT ZONING DOES ALLOW FOR THIS TYPE OF USE. HERE'S A LOOK AT THE PROPERTY. THERE WERE NO OBJECTIONS RECEIVED DURING THE NOTICE PERIOD. PLANNING AND ZONING DID RECOMMEND APPROVAL ON MAY 18TH, AND STAFF DOES AS WELL. ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE, I WILL OPEN THE PUBLIC HEARING. WE DO HAVE CATHERINE CHAMBERLAIN CHAMBER. I'M SORRY IF I MISPRONOUNCED THAT. IF YOU WOULD LIKE TO COME AND MAKE PUBLIC COMMENT, YOU MAY IS A REPRESENTATIVE OF THE ORGANIZATION. IF YOU. OKAY. IF YOU WOULD GIVE US YOUR NAME CORRECTLY PRONOUNCED FOR THE RECORD. YES, MA'AM. GOOD MORNING, MAYOR. COUNCIL MEMBERS, THANK YOU SO MUCH FOR THE OPPORTUNITY TO PRESENT BEFORE YOU TODAY. MY NAME IS CATHERINE CHAMBLEE. WE REPRESENT OUR MLS BEV CO LLC, THE PROPERTY OWNER AND APPLICANT HERE TODAY. WE HAVE ACTUALLY TWO OF OUR OPERATIONAL STAFF ALSO HERE.

SHOULD Y'ALL HAVE ANY OPERATIONAL QUESTIONS. I THINK MOST PEOPLE ARE FAMILIAR WITH APPLEBEE'S. THE CONCEPT, THE BRAND HAS BEEN AROUND FOR ABOUT 30 YEARS. JUST I THINK THE MOST IMPORTANT THING HERE IS TO SAY THAT THE ALCOHOL WILL JUST BE AN ADDITIVE TO THEIR ALREADY ROBUST MENU, AND THE PERCENTAGE OF GROSS REVENUE FROM ALCOHOL SALES IS EXPECTED TO BE 20% OR LESS FOR THIS LOCATION. AGAIN, WE'RE HERE. SHOULD WE YOU HAVE ANY QUESTIONS TODAY? AND THANK YOU AGAIN FOR THE OPPORTUNITY TO PRESENT. THANK YOU VERY MUCH. ANY QUESTIONS FOR HER? ALL RIGHT. WE HAVE NO FURTHER REQUESTS TO SPEAK ON THIS ITEM. SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR FURTHER DISCUSSION OR ACTION. WE HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN LADD, ON ITEM NUMBER 19. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM 20, PLEASE. AN ORDINANCE AMENDING

[20. 10768 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 2, BLOCK 6, CLAYDESTA PLAZA, SECTION 5, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF DESTA DRIVE AND WEST WADLEY AVENUE), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT DISTRICT FOR AN OFFICE AND RETAIL DEVELOPMENT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON PREMISES CONSUMPTION; MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC DESIGNATION WITH TERM FOR LOT TWO, BLOCK SIX, CLAY DESTA PLAZA, SECTION FIVE, CITY AND COUNTY OF MIDLAND, TEXAS.

GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF DUSTY DRIVE AND WEST WADLEY AVENUE, WHICH IS PRESENTLY ZONED PD PLANNED DEVELOPMENT DISTRICT FOR AN OFFICE RETAIL DEVELOPMENT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES AND RESTAURANT FOR ON PREMISES CONSUMPTION, MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN. CONTAINING A HUMAN CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR MAXIMUM PENALTY OR FINAL $2,000 AND ORDERING PUBLICATION. THIS ONE IS A SPECIFIC USE DESIGNATION FOR AN EXISTING RESTAURANT. FAIRLY NEW RESTAURANT IN MIDLAND. IT'S LOCATED AT 418 WEST WADLEY. THE REASON WHY THIS IS COMING BACK BEFORE YOU IS BECAUSE THEY'RE ADDING A BALCONY OR A PATIO ADDITION TO THE PROPERTY, AND SO THIS WOULD ENABLE THE SALE AND CONSUMPTION OF ALCOHOL ON THAT PATIO. AND THE HOURS OF OPERATION ARE ALSO CHANGING SLIGHTLY, WHICH NECESSITATES COMING BACK THROUGH COUNCIL. THERE WERE NO OBJECTIONS RECEIVED DURING THE NOTICE PERIOD. PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL, AS DOES STAFF. ANY QUESTIONS? ALL RIGHT. THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING, BUT I HAVE NO REQUEST TO SPEAK ON THIS ITEM. SO I WILL CLOSE THE PUBLIC HEARING AND WE WILL MOVE FORWARD WITH ACTION FROM COUNCILMAN NORMAN WITH A MOTION AND A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM 21,

[21. 10769 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 27, 28, 31, AND 32, BLOCK 1B, RACQUET CLUB SOUTH, SECTION 3, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT TO AN AMENDED PD, PLANNED DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT (GENERALLY LOCATED ON THE NORTH SIDE OF RACQUET CLUB DRIVE, APPROXIMATELY 350 FEET WEST OF NORTH L STREET); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

PLEASE. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS

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