5. 2026-086 - RESOLUTION AWARDING A CONTRACT TO TARKETT SPORTS CONSTRUCTION FOR THE SCHARBAUER AUXILIARY FIELDS 5 & 6 PROJECT AT A COST OF $3,874,514.05; APPROVING $387,500.00 FOR PROJECT-RELATED EXPENSES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 4) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)

[5. 2026-086 - RESOLUTION AWARDING A CONTRACT TO TARKETT SPORTS CONSTRUCTION FOR THE SCHARBAUER AUXILIARY FIELDS 5 & 6 PROJECT AT A COST OF $3,874,514.05; APPROVING $387,500.00 FOR PROJECT-RELATED EXPENSES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 4) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

THANK YOU VERY MUCH. WE WILL MOVE FORWARD WITH ITEM NUMBER FIVE, A RESOLUTION AWARDING A CONTRACT TO TARKETT SPORTS CONSTRUCTION FOR THE SCARBOROUGH AUXILIARY FIELDS NUMBER FIVE AND SIX PROJECT, AT A COST OF 3,874,514 AND $0.05, APPROVING $387,500 FOR PROJECT RELATED EXPENSES, APPROPRIATING FUNDS AND AUTHORIZING PAYMENT. COUNCILMAN POOLE, I BELIEVE YOU PULLED ALL OF THESE IN A SERIES, BUT WE DO HAVE A REQUEST TO SPEAK ON THEM, SO WE'LL TAKE THEM EACH AS WE GO. OKAY. MY MY QUESTION IS MORE TARGETED AS AS THE GROUP AS A WHOLE, JUST BECAUSE THE, THE AMOUNT OF MONEY THAT WE ARE SPENDING IS, IS QUITE LARGE AND BECAUSE IT IS COMING OUT OF HOTEL MOTEL DOLLARS, I JUST WANTED TO SEE WHICH DEPARTMENT IS GOING TO BE RESPONSIBLE FOR TRACKING THE REVENUE THAT THESE FIELDS BRING IN ONCE THEY'RE ESTABLISHED IN ORDER TO, TO, TO KIND OF SHARE THESE UP ON, ON THE BACK END SO THAT WE CAN PROVE OVER THAT TIME PERIOD THAT THEY BROUGHT IN THE AMOUNT OF REVENUE THAT WE'VE SPENT. YES, MA'AM. SO GOOD MORNING, MAYOR AND COUNCIL, I DO HAVE A PRESENTATION IF YOU WANT TO SEE IT. OTHERWISE I'LL JUST ANSWER YOUR QUESTION. WE ALWAYS TRACK OUR HOTEL MOTEL DOLLARS THAT WE SPEND. AND SO PARKS IS PRIMARILY RESPONSIBLE FOR THAT. AND WE WORK TOGETHER WITH FINANCE. AND WE ALSO WORK WITH THE VISIT MIDLAND GROUP. AND SO WE ARE CONSTANTLY STRIVING TO MAKE SURE ANY HOTEL MOTEL DOLLARS THAT ARE SPENT ARE SPENT WELL, AND THAT WE HAVE THE TOURNAMENTS THAT ARE NEEDED TO MAKE SURE THAT WE DON'T EVER HAVE TO GIVE ANY OF THAT MONEY BACK. OKAY, WONDERFUL. SO IF THOSE REVENUES DON'T COME IN, WE WILL BE RESPONSIBLE FOR PAYING THOSE DOLLARS BACK FROM THE GENERAL FUND. THAT IS TRUE. BUT WITH THE HISTORICAL CONTEXT OF THOSE FIELDS SINCE 2016, ■WE HAVE MULTIPLE TOURNAMENTS OUT THERE THAT ARE ABOVE AND BEYOND WHAT THE REQUIREMENTS ARE. WONDERFUL. THANK YOU SO MUCH. AND I JUST FOLLOW UP ON THAT, AND I APPRECIATE YOUR CONCERN ON THAT, ROBIN. BUT COUNCILWOMAN POOL, I'M SORRY, BUT I THINK WE WE HAVE A LOT OF THINGS THAT ARE COMING IN THAT HADN'T BEEN HERE BEFORE. AND IT'S GOING TO BE BRINGING A. I THINK WE'RE ON THE RIGHT PATH OF BEING THAT SPORTS MECCA OF THE OF THIS AREA, NOT ONLY WITH, YOU KNOW, FOOTBALL, BUT FOOTBALL AND SOCCER AND, AND THEN ALSO THE

[00:10:01]

BASEBALL THAT'S COMING IN AS WELL. AND, AND I DO WANT TO MAKE A POINT TO SAY, I WANT TO SEE MORE OF OUR SOFTBALL BEING RENOVATED AND MORE OF THAT COMING IN FOR OUR GIRLS AS WELL.

BUT ALL OF THESE THINGS, I THINK, IS WHAT, WHAT THE COUNCIL HAS BEEN STRIVING FOR AND TRYING TO MOVE TOWARDS AND HAVING THE BEST FACILITIES IN THE AREA. I REMEMBER WHEN WE FIRST STARTED THIS, I WANT I SAID, I WANT TO BE THE SPORTS MECCA OF THE OF THE UNITED STATES. YEAH. I SAID THE WORLD. RIGHT. BUT YOU KNOW WHAT? I FOUND A PLACE IN IN INDIANAPOLIS, INDIANA, THAT'S CALLED GRAND PARK. AND THEY HAVE LIKE 32 FIELDS AT ONE PLACE, 32 FOOTBALL AND THEN LIKE 28 BASEBALL. AND I WAS LIKE, DANG, WE CAN'T GET THERE.

WE DON'T HAVE THE LAND TO GET THERE ON THIS ONE. BUT, BUT WE CAN DO OUR BEST AND HAVE THE BEST FACILITIES AND EVERYTHING. SO I APPRECIATE WHAT WE'RE DOING IN THIS ARENA, AND I'M PRETTY CONFIDENT THAT WE'LL MAKE THAT MONEY UP PRETTY QUICKLY. AND I ALSO WANT TO GIVE A SHOUT OUT TO OUR CITY STAFF. WE HAVE A LOT OF PRIVATE GROUPS THAT ARE WORKING TO BRING IN A LOT OF THESE TOURNAMENTS. SO WE SAY THANK YOU TO THOSE PRIVATE GROUPS, BUT WE KNOW CITY STAFF HAS TO COORDINATE AND MANAGE, AND WE KNOW THAT THIS IS A LOT OF WORK FOR YOUR TEAM. SO ALL OF THE MAINTENANCE STAFF AND COORDINATION AND SCHEDULING AND PLANNING. SO LORI, THANK YOU. AND PLEASE PASS OUR THANKS ALONG TO YOUR TEAM. THANK YOU.

THEY DO A LOT OF WORK AND I APPRECIATE THEM TOO. ABSOLUTELY. I ALSO WANTED TO JUST HIGHLIGHT, SINCE YOU BRING UP HOTEL MOTEL TAX, YOU KNOW, WE'VE HAD THIS CONVERSATION A COUPLE OF TIMES.

BUT IN THIS CYCLE, AS WE'RE LOOKING AT HAVING MORE ASKS FOR HOTEL MOTEL TAX DOLLARS IN THIS BUDGET CYCLE THAN WE HAVE FUNDING, WE'RE HAVING TO MAKE SOME DIFFICULT DECISIONS ABOUT THINGS THAT CAN RECEIVE FUNDING AND THINGS THAT WE'RE JUST NOT GOING TO HAVE THE FUNDS FOR.

AND SO THERE'S GOING TO BE SOME PROJECTS AROUND THE CITY, SOME NONPROFITS, SOME OTHER CITY PROJECTS THAT ARE NOT GOING TO RECEIVE FUNDING. AND WE'RE PRIORITIZING THINGS THAT WE KNOW WILL BRING HEADS AND BEDS. AND SO THOSE OF YOU THAT ARE WORKING ON THAT HOTEL MOTEL TAX BOARD, THERE'S SOME CITIZENS THAT ARE ADVISORY ON THAT BOARD. AND THEN WE HAVE COUNCIL MEMBERS THAT BRING THAT BACK TO THE CITY COUNCIL. BUT THOSE ARE IMPORTANT CONVERSATIONS TO BE ABLE TO SHOW THAT THOSE DOLLARS THAT ARE BEING SPENT ACTUALLY DO DELIVER HEADS AND BEDS. AND SO WE APPRECIATE THAT WORK TO, TO, TO CAP OFF WHAT THE MAYOR SAID. THAT'S BEEN A CONVERSATION THAT WE'VE HAD ON THAT BOARD, AS WELL AS CDBG MONEY, BEING ABLE TO FUND CITY PROJECTS THROUGH THOSE MONIES IS A PRIORITY OF THIS COUNCIL. AND UNFORTUNATELY, AS THE MAYOR SAID, THE REQUEST COMING FROM THE COMMUNITY ON SOME OF THE ITEMS THAT HAVE HISTORICALLY BEEN FUNDED WITH NONPROFITS AND THINGS OF THAT NATURE, THEY THEY PROBABLY WILL BE FEELING A PINCH, BUT I, I DO THINK IT'S BECAUSE AS A COUNCIL, WE ARE TRYING TO PRIORITIZE MAXIMIZING CITY DOLLARS FOR CITY PROJECTS. ABSOLUTELY. DID YOU HAVE SOMETHING COUNCIL MEMBER COLTER OH, NO, YOU GUYS HIT ON IT. YOU KNOW, IT'S GREAT TO TO HAVE THESE TAX DOLLARS BE ABLE TO GO INTO SOMETHING THAT'S CREATING A BETTER QUALITY OF PLACE FOR THE CITIZENS OF MIDLAND AND ALSO HAVING A RETURN ON INVESTMENT. WE KNOW THAT WE HAVE TO HAVE RETURN ON INVESTMENT TO BE ABLE TO SEE THE DOLLARS THAT WE'LL BE ABLE TO GENERATE. AND THEN, AS COUNCILMAN NORMAN SAID, TO BE ABLE TO CREATE AN ENVIRONMENT WHERE PEOPLE WANT TO COME AND HAVE TOURNAMENTS HERE, THAT'S A BIG DEAL FOR MIDLAND. SO AGAIN, THE ROI PIECE IS A BIG PIECE FOR ME WHILE ADDING TO THE COMMUNITY. SO THANK YOU ALL FOR THAT. ABSOLUTELY. ALL RIGHT. IF THERE IS NO FURTHER DISCUSSION AMONG COUNCIL, THEN I WILL CALL DEREK SMITH TO COME FORWARD AND MAKE PUBLIC COMMENT. I JUST CAN'T BELIEVE THAT WE'RE SITTING HERE LOOKING AT SPENDING MONEY ON SOMETHING LIKE THIS, AND WE'RE GOING TO ACT LIKE A MONTH AGO THAT WE DIDN'T HAVE A MASS SHOOTING. A CITY EMPLOYEES DEAD, A FAMILIES GRIEVING. WE'VE GOT KIDS THAT ARE DEAD, AND OUR PRIORITY IS MORE HEADS IN BEDS, NOT MORE POLICE OFFICERS. WE NEED TO GET MORE PEOPLE TO COME TO OUR VIOLENT COMMUNITY. AND I'VE GOT VIDEOS THAT OUR NEWS DOESN'T COVER. I'VE GOT INFORMATION THAT OUR NEWS DOESN'T COVER. AND LORI, THAT'S THAT'S ALL YOU KEEP SAYING IS WE NEED TO FILL EIGHT POSITIONS AT THE POLICE DEPARTMENT. THAT'S IT. I'VE GIVEN YOU NUMBERS. YOU HAVEN'T REFUTED WHAT I'VE SAID ABOUT WHAT NATIONAL STANDARDS ARE PER 1000 RESIDENTS, WHICH IS AT LEAST 2.3 TO 2.5 OFFICERS PER 1000. SO THIS 203 NUMBER THAT SHANTI BROUGHT UP, THAT'S WAY LOW FOR A POPULATION OF 150,000. AND THESE HOTELS NEED TO SPEND THEIR PROFITS ON THESE PROJECTS THAT PUT HEADS IN BEDS, OUR TAX DOLLARS THAT COME FROM THESE HOTELS SHOULD BE SPENT ON THINGS THAT BENEFIT THE ENTIRE COMMUNITY. EVERYONE, NOT JUST THE BUSINESSES, SO THAT THEY CAN CONTINUE TO BE SUCCESSFUL. I MEAN, ALL OF YOU ARE AFFECTED BY THIS. YOUR CHILDREN ARE AFFECTED BY THIS. THEY CAN'T GO OUT AND DO THINGS. I MEAN,

[00:15:05]

WE'VE GOT THREE CARS THAT JUST WITHIN THE PAST MONTH WERE STRIPPED OF PARTS AT WHISPERING OAKS APARTMENTS, RIGHT UP ON MIDLAND DRIVE. IT'S NOT IN THE NEWS. ARE YOU ALL AWARE OF IT? DO Y'ALL READ POLICE REPORTS? DO YOU GO DOWN AND LOOK AT THE THINGS THAT HAVE BEEN REPORTED THAT THEY'RE RESPONDING TO? DO YOU PAY ATTENTION TO WHAT'S ON SOCIAL MEDIA? I MEAN, BUT ALL YOU DO IS THESE PIE IN THE SKY THINGS INSTEAD OF TAKING CARE OF THE PEOPLE. I DON'T KNOW HOW ANY OF YOU LOOK AT YOURSELVES IN THE MIRROR TO BE HONEST. LIKE, SAY YOU HAVE A CITY EMPLOYEE WHO IS DEAD, HIS FAMILY IS GRIEVING. WE HAVE KIDS WHO ARE DECEASED, AND WE'RE ON THE PHONE WITH 911. AND IT'S, IT'S IT'S A SIMPLE PROBLEM TO SOLVE. THIS RIGHT HERE WOULD PROBABLY COME CLOSE TO, I MEAN, HOW MANY WOULD THAT HIRE? HOW MANY OFFICERS? $3 MILLION. SO I WOULD LIKE TO JUST CLARIFY HOTEL MOTEL DOLLARS. THANK YOU FOR YOUR COMMENTS. YOU CAN HAVE A SEAT. YES. SHE WANTED TO CLARIFY. I MEAN, YOU CAN HAVE A SEAT, SIR.

YOU'RE WE'VE CONCLUDED YOUR COMMENTS AND YOUR TIME IS UP. OKAY. HOW COME I CAN'T RESPOND? SHE'S RESPONDED TO ME. I MEAN, SHE SHOULDN'T BE RESPONDING TO. HAVE A SEAT, SIR. THANK YOU.

MOTEL DOLLARS CANNOT BE USED FOR POLICE OFFICERS. THERE'S THERE'S VERY CLEAR PARAMETERS ON WHAT WE CAN SPEND THOSE FUNDS ON, AND THEY HAVE TO FIT WITHIN CERTAIN CATEGORIES. AND THE PRIMARY FOCUS IS TO PUT HEADS IN BEDS BACK INTO THE HOTELS AND TO BRING VISITORS TO MIDLAND. AND SO WE ARE TRYING TO BE CREATIVE, TO USE THOSE DOLLARS FOR CITY PROJECTS WHERE HISTORICALLY THE BULK OF THAT MONEY HAS JUST REMAINED IN THAT ACCOUNT. AND THIS IS ANOTHER BUCKET THAT WE CAN TAP INTO FOR SOME OF THESE LARGER SCALE QUALITY OF LIFE PROJECTS WHERE WE DON'T HAVE TO GO OUT FOR BONDS. SO JUST JUST FOR YOUR INFORMATION, YOU KNOW, THOSE THOSE DOLLARS CAN ONLY BE SPENT ON CERTAIN PROJECTS. THEY CANNOT GO TOWARDS POLICE OFFICERS. I THINK THAT'S A REALLY IMPORTANT POINT THAT YOU MAKE. NICHOLAS, CAN YOU JUST GIVE US A QUICK BULLET POINT OF WHAT ARE THE THINGS THAT ARE ALLOWABLE WITH HOTEL MOTEL DOLLARS WITH BY STATE LAW? YES. CHAPTER 351 OF THE TAX CODE STATES, SUBSECTION A STATES REVENUE, REVENUE FROM MUNICIPAL HOTEL OCCUPANCY TAX MAY BE USED ONLY TO PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY, AND THAT USE IS LIMITED TO A DISCRETE LIST OF OF ITEMS. SO THAT'S HOTEL MOTEL TAX FUNDS ARE EXTREMELY LIMITED IN THEIR USE AND LIKE COUNCILWOMAN POOL SAID, THE. THE USE OF THE COUNCIL IN THIS INSTANCE IS IS A MANNER THAT SEEKS TO COMPLY WITH STATE LAW. THEY CANNOT BE USED FOR GENERAL REVENUE PURPOSES. THANK YOU. ALL RIGHT.

ANY OTHER QUESTIONS OR COMMENTS ON ITEM NUMBER FIVE? ALL RIGHT. THEN I THINK IT'S APPROPRIATE TO LOOK FOR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN LAD, A SECOND FROM COUNCILWOMAN POOL. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES

[6. 2026-087 - RESOLUTION APPROVING A CONTRACT WITH FIELDTURF USA, INC., THROUGH THE EQUALIS GROUP PURCHASING PROGRAM, FOR THE PURCHASE AND INSTALLATION OF TWO AUXILIARY TURF FIELDS AT THE SCHARBAUER SPORTS COMPLEX AT A COST OF $1,732,510.00; APPROVING $173,251.00 FOR PROJECT-RELATED EXPENSES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 4) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

UNANIMOUSLY. THANK YOU VERY MUCH. WE'LL MOVE TO ITEM NUMBER SIX, A RESOLUTION APPROVING A CONTRACT WITH FIELDTURF USA, INCORPORATED THROUGH THE EQUAL EQUALS GROUP PURCHASING PROGRAM FOR THE PURCHASE AND INSTALLATION OF TWO AUXILIARY TURF FIELDS AT THE SCARBOROUGH SPORTS COMPLEX, AT A COST OF $1,732,510, APPROVING $173,251 FOR PROJECT RELATED EXPENSES AND APPROPRIATING FUNDS AND AUTHORIZING PAYMENT ON THIS ONE. DO WE HAVE ANY FURTHER COMMENTS OR QUESTIONS FROM STAFF OR FROM COUNCIL OR STAFF? OKAY, THEN. DERRICK SMITH, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? YEAH, LET'S JUST PICK UP WHERE WE DROPPED OFF AT. I MEAN, Y'ALL GET REAL CREATIVE WITH OUR TAX DOLLARS ANYTIME YOU WANT TO. SO WHY CAN'T YOU GET CREATIVE AND SAY THAT WE'RE GOING TO USE THESE TAX DOLLARS TO PROMOTE TOURISM BY HAVING A SAFER CITY? I MEAN, YOU CAN'T DO THAT. I MEAN, WHERE'S THIS LIST OF WHAT WE CAN AND CAN'T USE IT FOR? AND LIKE, SAY, WHY CAN THESE THINGS NOT PRODUCE? THIS LADY OVER HERE JUST SAID THAT THESE TOURNAMENTS ARE GOING TO PRODUCE ALL THIS MONEY. SO WHY WHERE'S THE MONEY GOING IF THEY'RE NOT GOING TO HAVE TO PAY IT BACK? WHAT DOES THAT MONEY END UP GETTING USED FOR? WHERE'S ALL THE MONEY THAT THEY'VE BEEN GENERATING FOR ALL OF THESE YEARS THAT SUDDENLY THEY NEED? I MEAN, IT DOESN'T SOUND LIKE THEY'RE BEING GOOD FIDUCIARIES. IF THEY NEED THIS MUCH MONEY TO DO WHATEVER THAT THEY'RE NEEDING TO DO, AND THEY'RE SAYING THAT IF WE GIVE THEM THIS, THEY WON'T HAVE TO PAY IT BACK BECAUSE WE'VE GOT ALL THESE TOURNAMENTS COMING IN.

THERE'S A LOT OF STUFF THAT DOESN'T MAKE SENSE TO ME. AND I MEAN, I WOULD LIKE TO SEE THAT LIST. I MEAN, CAN NICK GET ME A COPY OR ASK SOMEBODY OF THIS LIST OF, OF VERY SPECIFIC

[00:20:02]

THINGS THAT HOTEL MOTEL TAX CAN BE ON? BECAUSE LIKE, SAY I, I'VE WATCHED ALL OF YOU BE VERY, VERY CREATIVE WITH HOW TO SPEND OUR MONEY WHEN IT COMES TO ALL OF THIS JUST ANCILLARY STUFF THAT DOESN'T BENEFIT THE COMMUNITY AS A WHOLE, AND IT DOESN'T SOLVE OUR PROBLEMS. Y'ALL GET REAL CREATIVE ANYTIME YOU GOT SOMEBODY WHO WANTS SOMETHING, JUST LIKE YOU GOT CREATIVE WITH THIS OMNI HOTEL, WHICH IS COMPLETELY ILLEGAL, YOU GET VERY CREATIVE ON HOW YOU'RE GOING TO GO ABOUT THINGS. BUT WHEN THE COMMUNITY COMES UP HERE AND SAYS, WE HAVE THESE NEEDS, WE'VE GOT THIS GOING ON AND WE DON'T HAVE ENOUGH POLICE OFFICERS TO RESPOND WHEN THERE'S SOME KIDS BEING CHASED AND THEY GET KILLED BECAUSE AN OFFICER IS WAY OVER ON ONE SIDE OF TOWN BECAUSE, YOU KNOW, YOU NEED 12 OFFICERS PER SECTOR, PROBABLY 24 HOURS A DAY, AND THEY'RE OPERATING ON SIX. AND SO IF FIVE ARE TIED UP ON OTHER CALLS IN THE SIXTH, ONE GOES TO MAKE A TRAFFIC STOP. SOMEBODY STARTS SHOOTING AT THEM. THEY CAN'T JUST DROP WHAT THEY'RE DOING. BUT IF WE HAD PROPER STAFFING LEVELS, THE OTHER SIX THAT SHOULD HAVE BEEN THERE.

NOW THEY GOT BACKUP. NOW YOU CAN CREATE A PERIMETER AND KEEP THAT GUY CONTAINED INSTEAD OF GETTING AWAY, AND THEN GOING ON THE LOOSE AND SHOOTING AT A BUNCH OF OTHER INNOCENT PEOPLE, KILLING ONE OF OUR CITY EMPLOYEES. I MEAN, Y'ALL GET CREATIVE WHEN YOU WANT TO, AND THEN YOU JUST SIT HERE AND DEFER TO THIS GUY. SO WE CAN'T DO THAT. WE CAN'T DO I MEAN, YOU CAN DO WHATEVER YOU WANT, WHEN YOU WANT, BUT WHEN WHEN IT'S CONVENIENT FOR Y'ALL THAT THAT'S, THAT'S HOW YOU DO THINGS. SO. OKAY. IS THERE ANY QUESTION OR COMMENT FROM COUNCIL? IF NOT, I'LL LOOK FOR YOUR ACTION ON ITEM NUMBER SIX. WE HAVE A MOTION FROM COUNCILMAN STUBBS AND A SECOND FROM COUNCILMAN LADD. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. SORRY. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM NUMBER SEVEN IS A

[7. 2026-088 - RESOLUTION APPROVING A CONTRACT WITH MUSCO CORPORATION DBA MUSCO SPORTS LIGHTING, LLC, THROUGH BUYBOARD, FOR THE PURCHASE AND INSTALLATION OF LIGHTING OF TWO AUXILIARY TURF FIELDS AT THE SCHARBAUER SPORTS COMPLEX AT A COST OF $408,568.00; APPROVING $41,432.00 FOR PROJECT-RELATED EXPENSES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 4) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

RESOLUTION APPROVING A CONTRACT WITH MASCO CORPORATION, DBA MUSCO SPORTS LIGHTING, LLC THROUGH BY BOARD FOR THE PURCHASE AND INSTALLATION OF LIGHTING FOR THE TWO TWO AUXILIARY FIELDS, TURF FIELDS AT THE SCARBOROUGH SPORTS COMPLEX AT A COST OF $400,568, APPROVING $41,432 FOR PROJECT RELATED EXPENSES, APPROPRIATING FUNDS AND AUTHORIZING PAYMENT.

IS THERE ANY QUESTION OR COMMENT FROM COUNCIL MEMBERS? I DO I HAVE A I HAVE A COMMENT ON THIS PARTICULAR ITEM, AND I JUST WANT TO SAY, I MEAN, THE MUSCO LIGHTING AND ALL THOSE THINGS ARE GREAT. WE NEED THOSE THINGS AT THESE FACILITIES, ESPECIALLY WITH THIS BEING A NEW FACILITY. BUT I DO WANT TO PUT ON THE RECORD THAT AT REYES, MASHBURN, NELMS, AT THE MULTI-PURPOSE FIELDS, WE PUT FIELDS IN OVER THERE, PUT CONCESSIONS AND BATHROOMS IN OVER THERE, BUT WE DIDN'T CHANGE THE LIGHTING OVER THERE. SO WE DO NEED TO GET THE LIGHTING, THE THE UPGRADED LIGHTING PUT IN OVER THERE. I JUST WANT TO GO ON THE RECORD BY SAYING, AM I CORRECT IN SAYING THAT? THIS ITEM, THOUGH, MAKES IT CONSISTENT AT THE SCARBOROUGH SPORTS COMPLEX? ABSOLUTELY, ABSOLUTELY. THAT'S CORRECT. OKAY. YES. ALL RIGHT.

ANY OTHER COMMENTS? AND COUNCILMAN NORMAN, I, I SHARE SOME OF THE THE THE SAME THINGS HERE. AND I KNOW WE'VE HAD THIS CONVERSATION IN THE PAST TOO, WITHOUT, WITH EVEN BEING ABLE TO LIGHT UP SOME OF OUR OTHER PARKS. AND WE HAVE PLACES WHERE THERE'S BASKETBALL COURTS AND THINGS THAT FINDING SIMPLISTIC WAYS TO BE ABLE TO PROVIDE LIGHTING, ESPECIALLY. I MEAN, AS WE GET INTO SOME OF THOSE LATER AND EARLIER MONTHS OF THE YEAR WHERE THE SUN'S NOT UP FOR VERY LONG, AND IT JUST EXTENDS THAT TIME WHERE THE PEOPLE CAN UTILIZE THOSE PARKS. SO THAT'S SOMETHING THAT I DEFINITELY WANT TO MAKE SURE THAT WE'RE DOING AS WELL. I KNOW WE'VE HAD A LOT OF TALK ABOUT EVEN BILL PARK, EVEN THOUGH WE'RE DOING A LOT OF CHANGES OUT THERE WITH THE BASKETBALL COURTS AND AGAIN, A FEW OTHERS. SO. THANK YOU VERY MUCH. I THINK WITH THAT, WE'LL INVITE SANDY WILLIAMS TO COME AND MAKE PUBLIC COMMENT ON ITEM NUMBER SEVEN. WELL, WELL, WELL, WE MEET AGAIN, DON'T WE, JOHN NORMAN I MEAN, I'M SORRY, JOHN BURKHOLDER SO JOHN NORMAN, YOU ARE VERY INVOLVED IN OUR SPORTS AND ATHLETICS AND WE APPRECIATE THAT. I HAVE A DAUGHTER WHO'S PLAYED FOUR SPORTS HER ENTIRE LIFE, AND SHE WILL BE GOING TO TECH AND SHE'LL BE PLAYING TENNIS. AND I'M VERY, VERY PROUD OF HER. JOHN BURKHOLDER WE HAD A DISCUSSION FOR ALL THE WORLD TO SEE. YOU SAID THAT YOU REFUSED. IT WAS A WASTE OF TIME, A WASTE OF MONEY. YOU ARE THE SLUMLORD OF MIDLAND. WE CURRENTLY RENT OUT CHRISTIANSEN STADIUM, WHICH HOUSES OUR MIDLAND COLLEGE BASEBALL PLAYERS. WE LEASED THAT TO THEM ON WHAT YOU SAID WAS PENNIES ON THE DOLLAR, PENNIES ON THE DOLLAR. AND BECAUSE WE MADE SUCH A POOR

[00:25:01]

DECISION, MIDLAND COLLEGE TURNED AROUND AND MADE A VERY LUCRATIVE DECISION AND DECIDED TO SUBLEASE THAT TO MIDLAND CHRISTIAN, WHICH THEY GET PAID A PRETTY PENNY NOW. THE LIGHTS WENT DOWN IN MIDLAND, DID THEY NOT? AND YOU SAID IT WOULD BE WORTHLESS TO PUT THOSE LIGHTS BACK UP. IT WOULD BE WORTHLESS TO INVEST $1 MILLION INTO THAT STADIUM THAT MOST OF US HOLD CHILDHOOD MEMORIES WITH, AND THAT THAT PLACE WOULD BE BETTER SUITED, TORN DOWN. AND IN FACT, THAT'S WHAT Y'ALL PLANNED DOING WAS TEARING DOWN CHRISTIANSEN STADIUM THAT HOUSES OUR MIDLAND COLLEGE BASEBALL PLAYERS. I WANT TO KNOW HOW MANY PEOPLE WILL BE PLAYING PRO SPORTS FROM SCARBOROUGH SPORTS COMPLEX. STRICTLY NOT FROM DIAMONDBACK, NOT FROM ANYWHERE ELSE. NONE OF THE ATHLETIC FACILITIES, BUT SPECIFICALLY VERSUS CHRISTIANSEN STADIUM. IF WE CAN'T GIVE EVERYONE THE RIGHTS TO HAVE LIGHTS, NO ONE GETS LIGHTS. YOU SPECIFICALLY STATED YOU WANTED CHRISTIANSEN STADIUM TORE DOWN. IT WAS A WASTE OF TIME, MONEY AND ASSETS. THOSE WERE YOUR WORDS SPECIFICALLY TO ME DURING A PRIVATE CONVERSATION. NOW I'M DEMANDING THAT IF YOU GUYS ARE GOING TO DO LIGHTS, YOU START ALLOCATING WHERE YOU NEED TO. YOU'VE GOT THE MIDLAND COLLEGE BASEBALL FIELD. THEY ARE CURRENTLY HAVING TO REARRANGE THEIR SCHEDULES WHENEVER THEY NEED TO. THEY'RE BRINGING PEOPLE IN JUST AS MUCH. WE HAVE PLENTY OF PEOPLE COMING AND SCOUTING, AND YOU WANT TO SEE THEM WITH THE SLUMLORDS OF MIDLAND NOT TAKING CARE OF THE PROPERTY THAT THEY OWN. YOUR CHOICE. SO I WANT TO ADD SOME CLARIFICATION TO THAT.

SO WHAT I HAD SAID IS THAT WHEN MIDLAND COLLEGE ORIGINALLY CAME TO US, FOR US TO PROVIDE LIGHTING, THEY WANTED US TO PAY FOR A VERY LARGE PORTION OF IT, WHICH I DIDN'T THINK THAT THAT WAS RIGHT, THAT WE DID, SINCE THEY ARE SUBLEASING IT TO MIDLAND CHRISTIAN AND MAKING MONEY, AND WE ARE NOT NECESSARILY MAKING MONEY OFF OF THEM. SO NO, I DID NOT THINK THAT THAT WAS A GOOD DEAL WHERE WE WERE GOING TO BE PAYING FOR SOMETHING THAT SOMEBODY ELSE IS MAKING MONEY OFF OF. AND SO YEAH, SO I DIDN'T WANT TO DO THAT. THE OTHER PIECE OF THAT IS, IS THAT WE HAVE LOOKED AND LOOK, I DON'T KNOW WHAT WHAT MIDLAND OR WHAT THE STADIUM HOLDS, WHETHER IT'S A LEASE, WHETHER IT'S SOMETHING ELSE. BUT I DON'T WANT TO SPEND A WHOLE BUNCH OF MONEY INTO SOMETHING THAT IS EXTREMELY OLD. IF SOMEBODY ELSE WANTS TO TAKE THAT RESPONSIBILITY ON, THEN FANTASTIC. BUT AT THE END OF THE DAY, IF WE HAVE A LOT OF MONEY THAT HAS TO BE PUT INTO SOMETHING AND WE'RE NOT RECEIVING THE INCOME TO BRING IT IN, AND IT'S HAVING TO BE SUBSIDIZED BY YOU BY BY TAX DOLLARS IN MIDLAND. YEAH. I DON'T THINK IT'S A GOOD DEAL. SO I JUST WANTED TO CLARIFY THAT. THANK YOU FOR YOUR CLARIFICATION. I HAVE A QUESTION, NICHOLAS, ON THAT CONTRACT, CAN YOU GO OVER WHO IS RESPONSIBLE FOR MAINTENANCE ON THAT CONTRACT? THE COLLEGE. AND WHEN WE MADE THAT CONTRACT, THE COLLEGE IS RESPONSIBLE FOR MAINTENANCE AND UPKEEP OF THE FACILITY. AND I WOULD JUST ADD THAT'S A LONG TERM CONTRACT. THIS COUNCIL DID NOT PUT THAT CONTRACT IN PLACE. IT'S A DOLLAR A YEAR LEASE WITH THE COLLEGE. SO IT'S AN INTER-GOVERNMENTAL MEMORANDUM OF UNDERSTANDING, SO TO SPEAK. BUT IT IS AN AGREEMENT BETWEEN THE CITY OF MIDLAND AND MIDLAND COLLEGE. SO THEY'RE NOT PAYING FOR FOR THE LEASE OF THAT FACILITY. ANY OTHER COMMENTS OR QUESTIONS FROM COUNCIL MEMBERS? IF NOT, I'LL LOOK FOR YOUR ACTION ON ITEM NUMBER SEVEN. WE HAVE A MOTION FROM COUNCILMAN LAD, A SECOND FROM COUNCILWOMAN POOL. THERE'S NO FURTHER DISCUSSION. LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. ITEM NUMBER EIGHT IS A

[8. 2026-089 - RESOLUTION APPROVING A CONTRACT WITH RESTROOM FACILITIES LTD, THROUGH BUYBOARD, FOR THE PURCHASE AND INSTALLATION OF A MODULAR CONCESSION, STORAGE AND RESTROOM FACILITY AT THE SCHARBAUER SPORTS COMPLEX AT A COST OF $722,887.00; APPROVING $75,000.00 FOR PROJECT-RELATED EXPENSES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 4) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

RESOLUTION APPROVING A CONTRACT WITH RESTROOM FACILITY LIMITED THROUGH BAE BOARD FOR THE PURCHASE AND INSTALLATION OF A MODULAR CONCESSION, STORAGE AND RESTROOM FACILITY AT THE SCARBOROUGH SPORTS COMPLEX, AT A COST OF $722,887, PROVIDING $75,000 FOR PROJECT RELATED EXPENSES, APPROPRIATING FUNDS AND AUTHORIZING PAYMENT ON THIS ONE. ARE THERE ANY QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? IF NOT, THEN DERRICK SMITH, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? YES. CAN SOMEBODY I DON'T KNOW WHAT THIS THING DOES. BUT CAN SOMEBODY PUT UP A PICTURE OF WHAT A RENDERING OF WHAT THIS IS GOING TO BE? I JUST HAVE A HARD TIME UNDERSTANDING THAT A MODULAR CONCESSION STAND AND A BATHROOM IS GOING TO COST ALMOST $800,000, MAN. I MEAN, THE AVERAGE THREE BEDROOM, TWO BATH, TWO CAR GARAGE HOME AROUND HERE. AND THIS IS EXACTLY WHAT I SPOKE TO THE COUNCIL ABOUT BACK IN 2009, WHEN THEY WANTED TO SPEND 150 GRAND ON A GAZEBO OUT AT HOGAN PARK WAS THE FACT THAT I HAD A THREE BEDROOM, TWO BATH HOME THAT I BOUGHT FOR 70 GRAND. SOMETHING TO LIVE IN. AND WHEN YOU'VE GOT HOMES AROUND HERE THAT ARE AVERAGING HALF THIS PRICE, CAN. CAN WE SEE

[00:30:04]

SOMETHING BEFORE WE ALL VOTE ON THIS? I MEAN, THAT JUST SEEMS LIKE A LOT OF MONEY. WHENEVER YOU COMPARE, YOU KNOW, YOU GO OUT TO THE BALLPARK AND YOU SEE A CONCESSION STAND AND A BATHROOM. I MEAN, OVER $700,000 WHEN YOU CAN BUILD A HOME, A BIG, HUGE HOME. AND I DOUBT THAT WHATEVER THIS IS GOING TO BE IS, IS EVEN AS BIG AS THIS ROOM THAT WE'RE ALL IN. I MEAN, IT'S PROBABLY GOING TO BE FROM WHERE I'M STANDING BACK MIGHT BE THE FACILITIES TO MAYBE COOK SOME STUFF IN AND HAVE A BATHROOM FOR A COUPLE OF PEOPLE. I MEAN, CAN WE SEE A RENDERING BEFORE WE AGREE TO SPENDING THIS MUCH MONEY ON JUST A MODULAR RESTROOM FACILITY, SOME STORAGE? I MEAN, HOW BIG IS THIS GOING TO BE? WHAT IS THE SQUARE FOOTAGE? I MEAN, WHY, WHY IS THIS PROJECT SO EXPENSIVE FOR SOMETHING THAT IS GOING TO BE RELATIVELY SMALL IN COMPARISON TO LIKE, SAY, THE AVERAGE HOME, IT WOULD JUST STAND HERE FOR THE NEXT MINUTE AND A HALF. I MEAN, NOBODY HAS ANY ANSWERS. WE DON'T HAVE A RENDERING. THERE'S NOBODY FROM THIS BOARD THAT IS GOING TO BE RECEIVING THIS MONEY THAT CAN COME UP HERE AND ANSWER THIS QUESTION. YOU CAN CONCLUDE YOUR COMMENTS, AND THEN WE'LL PROCEED WITH THE MEETING WHEN YOUR TIME IS FINISHED. OKAY. LIKE SAY YOU DON'T. I'M JUST ASKING A QUESTION. CIVIL DISCUSSION. YEAH. IT'S A SIMPLE DISCUSSION. Y'ALL CAN TALK BACK AND FORTH TO US. I DON'T KNOW WHY YOU ALL HAVE TO SET UP THERE ALL STONE FACED AND ACT LIKE YOU DO. I MEAN, DO WE NEED TO START BRINGING IN 20 PEOPLE TO COMMENT ON EVERYTHING FOR THREE MINUTES AND TIE UP EVERY SINGLE AGENDA ITEM FOR AN HOUR? I MEAN, I CAN MAKE IT HAPPEN, TRUST ME, I CAN MAKE IT HAPPEN.

DO YOU WANT TO BE UP HERE FOR 40 HOURS, ACTUALLY 41 AND THEN GO INTO EXECUTIVE SESSION? THERE'S ONLY 24 HOURS IN A DAY. WE DON'T NEED 200 PEOPLE LIKE MR. FOLLOWELL TALKS ABOUT ON FACEBOOK. WE JUST NEED 20 PEOPLE WHO WANT TO COME DOWN HERE AND DO WHAT I JUST DID.

I'M SITTING HERE AND I'M NOT TALKING ON EVERY SINGLE ITEM I CAN. I MEAN, WE CAN TIE THESE MEETINGS UP ALL DAY LONG AND YOU CAN JUST SIT THERE AND SMILE AND SMIRK. LORI, ONLY MAYOR I'VE EVER SEEN IN THE HISTORY OF THIS TOWN LIVED HERE MY WHOLE LIFE. THAT HAS THE MONIKER OF LYING LORI BLOND. SO THANK YOU FOR YOUR COMMENTS. SO NO RENDERINGS. PLEASE TAKE YOUR SEAT. LORI, WOULD YOU COME FORWARD AND GIVE US THE PRESENTATION THAT YOU HAVE PREPARED? I ALSO WANT TO CLARIFY, LAST WEEK WHENEVER WE POSTED THIS AGENDA WITH THE SUPPORTING DOCUMENTATION, MANY OF THE ANSWERS THAT HAVE BEEN OR QUESTIONS THAT HAVE BEEN ASKED WERE ANSWERED IN THOSE PUBLICLY POSTED DOCUMENTS. I BELIEVE THAT WAS POSTED TUESDAY OR WEDNESDAY OF LAST WEEK, AND THAT'S THE CASE FOR ANY OF THESE AGENDA ITEMS THAT WE DEAL WITH ON A MEETING BY MEETING BASIS. THOSE ARE POSTED 72 BUSINESS HOURS OR BUSINESS DAYS AHEAD OF TIME. SO THOSE ARE AVAILABLE. BUT LORI, IF YOU WOULD, THIS WAS THREE BUSINESS DAYS, 72 HOURS, THREE NO, THREE BUSINESS DAYS. OKAY, PERFECT. BUT IT WAS POSTED WEDNESDAY OF LAST WEEK. THANK YOU. MAYOR. I DO THINK IT'LL ANSWER SOME QUESTIONS. IT WAS PRIMARILY SET UP FOR ITEM FIVE, BUT IT WILL ADDRESS SOME THINGS. I WILL SPEAK TO THE LAST COMMENTS AND THAT THIS BUILDING IS AN EXACT REPLICA OF THE OTHER TWO WE ALREADY HAVE ON SITE. SO GO AHEAD AND GET STARTED HERE. AGAIN, THIS IS TIED TO OUR GOAL THREE TO BUILD THE BEST PARK SYSTEM IN OUR REGION. THE AUXILIARY FIELDS THAT ARE EXISTING, THERE'S FOUR MULTI-PURPOSE SOCCER AND FOOTBALL FIELDS. WE HAVE MUSCO LIGHTS. WE HAVE SHADED BLEACHERS AND THERE ARE TWO EXISTING CONCESSION STORAGE RESTROOM BUILDINGS ON SITE. AND AS I SAID, THIS IS AN EXACT MATCH TO THOSE. AND THE ARCHITECTURE WHEN THOSE WERE ORIGINALLY BROUGHT IN IS TO MATCH WHAT'S EXISTING AT THE SPORTS COMPLEX WITH THE FULL BRICK VENEER THAT'S ADDED AFTER THOSE BUILDINGS ARE DELIVERED. IT'S A 50 YEAR STRUCTURE. IT IS.

IT IS A COMMERCIAL GRADE BUILDING. IT IS NOT A HOUSE. AND SO THERE IS A DIFFERENCE.

THIS IS THE HISTORICAL USE OF THE AUXILIARY FIELDS OVER THE YEARS. AND THEY WERE BUILT IN 2016. BUT THIS SHOWS FROM 2020 FORWARD, JUST FOR THE FACT THAT IN 2020, WE DID NOT HAVE LIGHTING. AND YOU CAN SEE THERE WAS ABOUT 429 RENTALS THAT YEAR. AND EVERY YEAR IT'S INCREASED UNTIL THIS YEAR, THE PAST YEAR, 50 FISCAL YEAR 2025, WE ALMOST QUADRUPLED IN RENTALS. AND I WILL SAY WE ARE ABOUT AT MAXIMUM CAPACITY FOR 6 P.M. AND LATER RENTALS, WHICH IS WHEN MOST OF THE SCHOOL KIDS COME OUT AND CAN PRACTICE. AND SO THOSE FIELDS THAT THAT IS THE REASON WHY WE NEED MORE FIELDS, BECAUSE WE ARE AT CAPACITY. AND EVERY DAY WE HAVE PEOPLE THAT WE HAVE TO TURN AWAY. AND WE'VE ALSO HAD LARGER TOURNAMENTS THAT HAVE HAD TO TURN AWAY TEAMS BECAUSE THEY'RE NOT THERE'S NOT ENOUGH FACILITIES. SO WE ISSUED THE RFP FOR THE CONSTRUCTION OF THESE FIELDS, AND WE EXAMINED THREE PROPOSALS. ONE WAS NOT COMPLETE, AND THEN WE ASKED TWO TO SUBMIT A BEST AND FINAL OFFER SO THAT THE COMMITTEE COULD COULD COMPARE WHAT THOSE LOOK LIKE. AGAIN, A LOT OF THIS IS ADDRESSING THAT SPECIFIC INFRASTRUCTURE PROJECT

[00:35:04]

WITH TARKETT. WE WENT THE COMMITTEE VOTED TO GO WITH TARKETT BECAUSE THEY CAN COMPLETE THIS PROJECT 130 DAYS FASTER, AND THAT ALLOWS US TO HAVE BALL OUT THERE NEXT SPRING.

SO WE GAIN A WHOLE SEASON BY SAVING THAT 130 DAYS OF CONSTRUCTION. THESE ARE THE ACTUAL PRICES FOR THE BIDS. AS YOU CAN SEE, THEY WERE ALL UNDER OUR ENGINEER'S ESTIMATE.

AND SO WE FEEL CONFIDENT THAT THESE THESE ARE GOOD PRICES THAT WE'RE GOING WITH. THE STAFF IS RECOMMENDING THAT WE GO WITH TARKETT JUST AGAIN, FOR SPEED OF CONSTRUCTION. AND AGAIN, THE WHOLE PROJECT IN GENERAL IS TO ADD FIELDS. WE HAD A TOURNAMENT LAST YEAR THAT TURNED AWAY 30 TEAMS. IN THIS YEAR. WE CAN BRING AT LEAST THAT MANY MORE TEAMS IN NEXT SPRING. WHEN WE HAVE THESE FIELDS COMPLETED, WE FEEL LIKE THE RETURN ON INVESTMENT IS VERY HIGH. AGAIN, WE ARE GOING WITH DIFFERENT CONTRACTS. WE PULL OUT SOME OF THESE BIGGER ITEMS LIKE THE LIGHTING, THE RESTROOM AND THE TURF ITSELF, BECAUSE AS FOR US TO ACT AS SOMEWHAT AS THE GENERAL CONTRACTOR, WE SAVE $183,521 BY DOING IT THAT WAY, INSTEAD OF GOING THROUGH A GENERAL AND PAYING AN UPCHARGE. SO WE TAKE THAT ON AS MANAGING OF THE MANAGERS OF THE PROJECT. AGAIN, THIS IS JUST SOME SOME IDEA OF WHAT WAS SAVED, WHAT RETURN ON INVESTMENT WILL BE. WE'RE PAYING A LITTLE BIT MORE FOR THIS PARTICULAR CONTRACTOR. BUT BY COMPLETING THIS PROJECT EARLIER, WE BELIEVE THERE'LL BE ABOUT A $1.3 MILLION RETURN TO THE CITY BECAUSE OF THE SPRING SEASON THAT WE'LL BE ABLE TO HOST. THESE ARE SOME OF THE EVENTS THAT WILL BE ACCOMMODATED IN 2027. WE WE ALWAYS HAVE SOCCER PLAYOFFS.

WE'LL JUST BE ABLE TO HAVE MORE GAMES. THOSE TEAMS COME FROM ALL OVER THE STATE TO PRACTICE, TO PLAY THEIR SOCCER PLAYOFF GAMES AT OUR FACILITIES. THE CINCO DE MAYO TOURNAMENT.

THERE'S A LOT OF SPRING FOOTBALL PRACTICES AND GAMES THAT GET SCHEDULED ON THESE FIELDS. AND THEN THE MID-MARCH FOOTBALL TOURNAMENT. SO AGAIN, THIS WAS THE ITEM NUMBER FIVE.

BUT I HOPE THAT ANSWERS SOME OF THE QUESTIONS THAT HAVE COME UP. THANK YOU VERY MUCH. THERE IS ONE THING THAT I WANT TO POINT OUT, TOO, BECAUSE WE TALKED ABOUT IT BEING JUST A LITTLE BIT HIGHER. ONE OF THE THINGS TO BRING UP, THOUGH, IS THAT THE, THE, THE LOWER PRICED BIDDER HERE, THERE WAS A REAL QUESTION ON THEIR DIRT WORK AS WELL, COMPARATIVELY SPEAKING, TO THE OTHER STUFF THAT WAS OUT THERE. SO IT DIDN'T MAKE SENSE. SO MY ASSUMPTION WAS WE WOULD PROBABLY SEE A CHANGE ORDER IN THE FUTURE. NOW I WILL SAY I HAVE BEEN UP HERE BEFORE TALKING ABOUT BATHROOMS AND SOME OF THE OTHER STUFF. AND THIS WAS THE ONE PIECE OF THIS THAT I, I HAD A LITTLE ISSUE WITH. I THOUGHT THAT THIS WAS EXTREMELY HIGH FOR WHAT WE'RE GETTING WITH THIS PARTICULAR FACILITY. I KNOW IT WAS ALL PART OF A TOTAL PLAN, WHICH I DIDN'T HAVE A PROBLEM WITH. THE FIELD, THE LIGHTING AND SOME OF THE OTHER THINGS. THE PRICES WERE DEFINITELY IN LINE. THIS IS ONE OF THE THINGS THAT I JUST THOUGHT WAS A LITTLE OUT OF THE ORDINARY WHEN IT COMES TO BUILDING SOMETHING OF THIS SIZE AND THIS MAGNITUDE. SO I WOULD HAVE TO SAY I WAS NOT REAL HAPPY WHEN I SAW $722,000 NUMBER. I UNDERSTAND IT IS NOT OUR TYPICAL PARK RESTROOM FACILITY BECAUSE WE DO USE THE BRICK FACILITY COMPLETE OVER THE FACADE OF THE FACILITY TO MATCH THE SPORTS COMPLEX. SO WE'RE ABLE TO DO THE SAME BASIC FACILITY AT SOME OF OUR OTHER PARKS BECAUSE WE DON'T HAVE THE FACADE. YES. OKAY. ANY OTHER QUESTIONS FROM COUNCIL MEMBERS? ALL RIGHT. THEN I WILL LOOK FOR YOUR ACTION ON ITEM NUMBER EIGHT. WE HAVE A MOTION FROM COUNCILMAN POOLE AND A SECOND FROM COUNCILMAN LADD. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES 5 TO 2. THIS TIME, I'D LIKE TO

[9. 2026-090 - RESOLUTION RATIFYING AND APPROVING EMERGENCY REMOVAL SERVICES PERFORMED BY C&B MATERIALS OF TEXAS, LLC AT THE BACKDOOR RESERVOIR LOCATED AT THE WATER PURIFICATION PLANT FOR A TOTAL COST OF $356,250.00; AND AUTHORIZING PAYMENT (DISTRICT: 1) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

BRING ITEM NUMBER NINE RESOLUTION RATIFYING AND APPROVING EMERGENCY REMOVAL SERVICES PERFORMED BY C AND D MATERIALS OF TEXAS, LLC AT THE BACK DOOR RESERVOIR LOCATED AT THE WATER PURIFICATION PLANT, FOR A TOTAL COST OF $356,250 AND AUTHORIZING PAYMENT. AND COUNCIL MEMBER, I BELIEVE YOU PULLED THIS ITEM. YES. SO FIRST OFF, CONGRATULATIONS TO YOU AND YOUR TEAM FOR HAVING A SUCCESSFUL CLEANUP OF THIS PARTICULAR FACILITY. I KNOW THAT IT HAD BEEN A BIG PROBLEM FOR US. WE ACTUALLY HAD A SITUATION WHERE WE HAD TO GET SOMETHING CLEANED OUT. IT WAS ONE OF OUR STORAGE FACILITIES THAT WE HAVE AT OUR WATER TREATMENT FACILITY, AND IT WAS A MONUMENTAL TASK. I GUESS YOU COULD SAY WE ACTUALLY HAD SOME INITIAL BIDDING THAT CAME IN. I DID NOT FEEL COMFORTABLE WITH THE INITIAL BIDDING. I THOUGHT THAT IT WAS TOO HIGH. WE HAVE SINCE THEN ADDED THREE NEW VENDORS TO OUR VENDORS LIST THAT ALL THREE OF THOSE CAME IN AND GAVE US A BETTER PRICE, AND ULTIMATELY, WE ENDED UP SAVING ABOUT ALMOST $220,000 VERSUS WHAT OUR FIRST BID WAS. SO AND WE HAVE A SUCCESSFUL CLEANUP IN THE AMOUNT OF TIME THAT WAS ALLOTTED TO DO IT. SO PERFECT, PERFECT EXAMPLE OF HOW, YOU KNOW, THROUGH THE RIGHT VENDOR PARTNERS, WE CAN GET THE BEST DEALS POSSIBLE, SAVE MONEY AND GET IT DONE IN A TIMELY MANNER. AND YOUR TEAM WAS INSTRUMENTAL IN EXECUTING THAT. SO I JUST WANT TO SAY CONGRATULATIONS TO YOU AND YOUR TEAM. THANK YOU. THANKS, CARL. ANY OTHER

[00:40:04]

QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? CARL, COULD YOU ENLIGHTEN THE THE PEOPLE HERE AS TO WHAT YOU ACCOMPLISHED AS FAR AS AVOIDING A BOIL WATER NOTICE AND HOW HARD YOUR TEAM WORKED? SO THIS ONE'S ACTUALLY KIND OF EXCITING SO THAT THE BACK DOOR RESERVOIR, IT'S THE RESERVOIR WATER PLANT. I TAKE VOTES ON A NEW NAME. BY THE WAY, IT HAS BEEN FULL FOR THE LAST 14 YEARS, MEANING WE HAVEN'T PULLED IT DOWN SINCE. CR W D GAVE IT TO US ABOUT 14 YEARS AGO. SO WE HAVE BEEN DOING PROJECTS THROUGHOUT THIS TIME FRAME TO GET TO A POINT WHERE WE CAN GET THAT PULLED DOWN AND CLEAN OUT WHILE WE WERE WORKING TOWARDS THIS IS WHEN WE ACTUALLY HAD OUR TURBIDITY PROBLEMS IN LATE JANUARY OR EARLY FEBRUARY, WHICH HIGHLIGHTED THE NEED TO GET THIS PROJECT DONE FASTER, WHICH IS WHY WE DID IT ON A RATIFICATION BASIS. WE GOT THREE BIDS, BUT WE WANTED TO MOVE IT FORWARD. SO FOR THE FIRST TIME IN 14 YEARS, THAT'S 15 MILLION GALLONS OF THAT RESERVOIR WE CAN HAVE FULL OF WATER WITHOUT ANY ANY SOILS OR, YOU KNOW, SOLIDS IN IT. SO AND IT ALSO ALLOWS US, WE DID SOME PROJECTS EARLIER THAT ALLOWS US NOW TO TAKE THAT RESERVOIR DOWN EVERY TWO YEARS, SEE IF WE NEED TO CLEAN IT OUT, CLEAN IT OUT IF WE DO, AND THEN FILL IT BACK UP. SO IT'S, IT'S REALLY GOING TO KEEP A LOT OF TURBIDITY OUT OF OUR WATER, WHICH IS WHAT THAT LAST PUBLIC NOTICE WAS, WAS TURBIDITY IN OUR WATER. PERFECT. THANK YOU. ALL RIGHT. WE HAVE NO REQUESTS TO SPEAK ON THIS ITEM. AND SO I'LL LOOK FOR ACTION. WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER. WE HAVE A SECOND FROM COUNCILMAN STUBBS. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE

[13. 2026-093 - RESOLUTION APPROVING THE PURCHASE OF A BOOM TRUCK FROM ROBERTS TRUCK CENTER, THROUGH SOURCEWELL, AT A TOTAL COST OF $288,577.95 FOR THE SOLID WASTE DEPARTMENT; AND AUTHORIZING PAYMENT (DISTRICT: NONE) (GENERAL SERVICES) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)]

MOTION CARRIES UNANIMOUSLY. THANK YOU VERY MUCH. ITEM NUMBER 13 IS A RESOLUTION APPROVING THE PURCHASE OF A BOOM TRUCK FROM ROBERTS TRUCK CENTER THROUGH SOURCEWELL AT A TOTAL COST OF $288,577.95 FOR THE SOLID WASTE DEPARTMENT AND AUTHORIZING PAYMENT. IS THERE ANY COMMENT OR QUESTION FROM COUNCIL MEMBERS ON THIS ONE? WE DO HAVE A REQUEST TO SPEAK FROM SANDY WILLIAMS. IF YOU'D LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT. SO HAVING BEEN INVOLVED WITH AN INDUSTRY THAT IS THROUGH PIPELINE AND AND WHATNOT, WHY ARE WE NOT LEASING THESE BOOM TRUCKS? WHAT EXACTLY IS THE PURPOSE OF THE BOOM TRUCK IN THE SOLID WASTE FACILITY? IS IT SPECIFICALLY TO SET THE DUMPSTERS? WHAT IS IT AND IS IT IS THIS A NEED? THAT IS, I MEAN, ALL THE NEW HOUSING DEVELOPMENTS, THESE ARE ALL ROLL OFF CANS THAT EVERYBODY ROLLS OUT. WHY ARE WE NOT LEASING THIS? BECAUSE WHEN YOU'RE PURCHASING THIS, YOU'RE ALSO PURCHASING THE HEADACHES THAT COME WITH A BOOM TRUCK, THE MAINTENANCE THAT'S REQUIRED, THE PARTS THAT WEAR OUT VERY DIFFICULT TO WORK ON AND FIND MECHANICS TO WORK ON. SO MY CONCERN IS, WHY ARE WE SPENDING A QUARTER OF $1 MILLION ON A PURCHASE AND NOT A LEASE? I MEAN, I JUST I REALLY WOULD LIKE TO KNOW THAT. AND THAT IS SPECIFICALLY FOR THE BOOM TRUCKS. I UNDERSTAND WE'RE PURCHASING STREET SWEEPERS BECAUSE THOSE ARE SOMETHING WE ACTIVELY USE DAILY. BUT IF THIS IS SOMETHING THAT WE COULD PUT ON A LEASE, AND IF YOU GUYS ARE GOING TO PURCHASE THIS, CAN YOU PUT IN THERE THAT YOU WILL SUBLEASE THIS TO OTHER COMMUNITIES? STANTON. SOMEONE ELSE THAT WE CAN MAKE REVENUE BACK. WE DON'T NEED TO JUST BE POURING INTO THIS, BUT A TWO YEAR LEASE ON A BOOM TRUCK GETS YOU A GOOD AMOUNT OF USAGE OUT OF IT BEFORE IT STARTS BREAKING DOWN MECHANICAL FAILURES THAT ARE GOING TO BE ASTRONOMICAL ENGINE FAILURES AND SUCH. SO I JUST WANT TO ASK YOU GUYS TO REALLY CONSIDER, WHY ARE WE NOT LEASING A BOOM TRUCK AND WHY ARE WE PURCHASING AND WHAT ARE THE BENEFITS? AND CAN WE SUBLEASE THAT OUT? IS THAT EVEN ALLOWED MY QUESTIONS? OKAY. ANY QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? REGINA, DID YOU HAVE SOMETHING YOU WANTED TO. SO THIS WAS A SCHEDULED REPLACEMENT TO OUR FLEET. AND IN THE PAST, WE HAVE FOUND THAT LEASING WOULD PROBABLY TRIPLE THE COST, AS WE NEED THIS DAILY WHEN THERE ARE JUST LIKE HUGE ITEMS THAT HAVE TO BE PICKED UP, THEY ACTUALLY CAN PICK IT UP AND STICK IT IN THE BACK OF THE TRUCK AND THEN HAUL IT OFF INSTEAD OF, YOU KNOW, WELL, WE'VE GOT TO GO LEASE A TRUCK. IT'LL TAKE A FEW DAYS TO GET THE TRUCK. AND I BELIEVE THIS IS QUALITY OF, OF PLACE IN LIFE BECAUSE WE ARE HELPING THE CITIZENS, YOU KNOW, GET THEIR, THEIR ITEMS REMOVED QUICKLY. THANK YOU. THIS IS FOR SOME OF THE LARGER ITEMS WHENEVER WE DO LARGE ITEM PICKUP. SO ESPECIALLY IF YOU GO INTO SEECLICKFIX AND YOU HAVE THAT, THERE'S A LARGE ITEM. THIS IS A PIECE OF EQUIPMENT THAT WE'RE USING FOR THAT. CORRECT? CORRECT. AND WHAT IS THE AVERAGE LIFESPAN THAT WE'RE GETTING OUT OF ONE OF THESE BOOM TRUCKS ON AVERAGE? I WOULD YOU KNOW WHAT? I DON'T REALLY KNOW. WE'RE PROBABLY WE'RE PROBABLY GETTING WE'RE PROBABLY GETTING 8 TO 10 YEARS. ACTUALLY, THAT BOOM TRUCK HAS PROBABLY LOW MAINTENANCE AND WE'RE MOVING ABOUT 1500 CONTAINERS A

[00:45:04]

YEAR. PLUS THE THINGS THAT YOU GUYS HAVE MENTIONED. SO THAT THAT TRUCK ACTUALLY DOES MOVE EVERY SINGLE DAY. YEAH. AND YOU DIDN'T KNOW THAT MISS WILLIAMS, BUT THAT TRUCK ACTUALLY MOVES EVERY SINGLE DAY. OKAY. YEAH. THANK YOU, THANK YOU. AND WE MAY NOT GO AGAIN. WE MAY NOT PUT IT OUT TO OTHER CITIES, BUT UTILITIES USES THEIR BOOM TRUCKS. TRANSPORTATION USES THOSE BOOM TRUCKS SO THEY MAY BUY IT, BUT IT'S USED THROUGHOUT CITY BECAUSE WE ALL NEED BACKUP ON OUR STUFF. THANK YOU. ALL RIGHT. ANY FURTHER DISCUSSION AMONG COUNCIL MEMBERS? JACK? GO AHEAD. SHAQUANA CARTER, THE ASSISTANT DIRECTOR FOR THE SOLID WASTE DEPARTMENT. THAT BOOM TRUCK IT IS USED FOR, NOT FOR CARS, BUT FOR OUR THREE YARDS AND THREE AND A HALF YARDS. WE USE THAT TRUCK PRETTY MUCH EVERY DAY. THE EXPANDED. THE LIFE ON A TRUCK IS LIKE MORE SAID, ABOUT 8 TO 10 YEARS. THE ONE THAT WE CURRENTLY HAVE. IT GETS USED DAILY AND LEASING WOULD COST MORE THAN FOR US TO BUY ONE. SO THAT'S WHY WE NEED A REPLACEMENT, IF NOT ANOTHER ONE IN THE FUTURE. THANK YOU VERY MUCH, MAYOR AND COUNCIL, JUST TO JUST TO ADD TO THAT REAL QUICK, AND I WON'T BELABOR IT, BUT WE LOOK AT EVERY PIECE OF ROLLING STOCK THAT WE HAVE, FROM POLICE CARS TO LARGE PIECES OF EQUIPMENT LIKE LANDFILL AND FIRE TRUCKS. AND WE RUN IT THROUGH REGINA AND HER TEAM DOES A GOOD JOB OF, LET'S COMPARE LEASING VERSUS BUYING. AND, AND WE, WE MAKE A DETERMINATION OF WHAT'S GOING TO BE CHEAPEST AND MOST COST EFFECTIVE AND EVERYTHING LIKE THAT. I APPRECIATE THAT WE ALSO HAVE A GARAGE. SO WE HAVE BETWEEN POLICE AND FIRE AND ALL OF THE DIFFERENT VEHICLES THAT THE CITY HAS. DO YOU HAVE A NUMBER, AN ESTIMATED NUMBER REGINA MIGHT BE ABLE I MEAN, HOW MANY TOTAL VEHICLES AND MACHINE? WE HAVE A GARAGE THAT'S MANAGING THESE THINGS ALL THE TIME. 558 558 SEDANS, PICKUPS AND AND ROLLING STOCK. AND THAT DOESN'T COUNT THE BIG PIECE OF EQUIPMENT LIKE LANDFILL AND IN DIFFERENT MOWERS AND STUFF LIKE THAT. AND THE OTHER THING, MAYOR, THAT WE NEED TO HAVE A REGULARLY SCHEDULED REPLACEMENT BECAUSE THE MAINTENANCE GOES UP AS THE VEHICLES GET OLDER AND DEPENDING ON WHAT KIND OF VEHICLE IT IS, IT GETS MORE WEAR AND TEAR LIKE A POLICE VEHICLE WILL GET MORE WEAR AND TEAR. YOU REPLACE THOSE FASTER. THAT'S USUALLY ON A FIVE YEAR SCHEDULE. AND THAT'S KIND OF PUSHING IT BECAUSE, I MEAN, BECAUSE THEY DRIVE THEM PRETTY HARD BECAUSE OF THE NATURE OF THEIR WORK. SOME OF THE OTHER FACILITIES, SOME OF THE OTHER EQUIPMENT, SOME OF THE OTHER VEHICLES THAT ARE IN YOUR PUBLIC WORKS OR CODES, YOU KNOW, THOSE LAST A LITTLE BIT LONGER.

THANK YOU. ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS ON THIS ONE? THEN I'LL LOOK FOR ACTION. COUNCIL MEMBER COULTER'S MOTION AND COUNCILMAN LADD HAS SECONDED ON ITEM NUMBER 13. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY.

[15. 2026-095 - RESOLUTION APPROVING A CONTRACT WITH NEXTGEN SECURITY HOLDINGS LLC FOR THE PURCHASE AND INSTALLATION OF SECURITY CAMERAS AND ACCESS CONTROL SYSTEMS FOR VARIOUS LOCATIONS FOR THE PARKS AND RECREATION DEPARTMENT THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES FOR A TOTAL COST OF $258,324.30; APPROVING $38,748.70 FOR PROJECT-RELATED EXPENSES; AND AUTHORIZING PAYMENT (DISTRICT: NONE) (GENERAL SERVICES) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)]

THANK YOU. WE'LL MOVE TO ITEM NUMBER 15, A RESOLUTION APPROVING A CONTRACT WITH NEXT GEN SECURITY HOLDINGS, LLC FOR THE PURCHASE AND INSTALLATION OF SECURITY CAMERAS AND ACCESS CONTROL SYSTEMS FOR VARIOUS LOCATIONS FOR THE PARKS AND RECREATION DEPARTMENT THROUGHOUT THE TEXAS DEPARTMENT OF INFORMATION RESOURCES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES, FOR A TOTAL COST OF $258,324.30, APPROVING $38,748.70 FOR PROJECT RELATED EXPENSES AND AUTHORIZING PAYMENT. AND IT WAS ME. OKAY, I JUST WANTED TO PULL THIS ONE. I WANTED TO KNOW HOW MANY CAMERAS WE WERE GOING TO BE GETTING FOR THIS, AND WHERE EXACTLY WE'RE GOING TO BE PUTTING THEM IS ONLY AT OUR FACILITIES AT THE PARKS, OR WILL IT BE DISTRIBUTED EVENLY AMONG THE PARKS? YEAH, I GEORGES ISKANDER, CHIEF INFORMATION OFFICER I DON'T HAVE THE EXACT NUMBER FOR THE CAMERAS. BUT THIS IS NOT JUST CAMERAS. IT INCLUDES ACCESS CONTROL FOR THE STADIUM AS WELL AS SO THE SCARBOROUGH STADIUM, THE GOLF COURSE AS WELL. THEY'RE REPLACING THEIR ACCESS CONTROL SYSTEM. IT'S IT'S IT'S AT LEAST 10 TO 15 YEARS OLD. AND THEN WE'RE ALSO DOING THE PARKS OFFICE ON ELIZABETH STREET. AND AS WELL AS ADDING CAMERAS AT THE CONCESSION STAND AND THE RESTROOMS AT THE PARK.

OKAY. HAVE WE CONSIDERED PUTTING CAMERAS THROUGHOUT SOME OF OUR CITY PARKS? YES, WE CURRENTLY HAVE THEM AT REYES PARK. AND SO WE DO ALSO PLAN TO INSTALL ADDITIONAL CAMERAS ON TOP OF WHAT WE HAVE HERE FOR THE PARKING LOT AT BETHEL PARK. YES, I THINK A QUESTION ALSO.

I'M SORRY, JACK, WERE YOU DONE? WELL, I JUST WANTED TO POINT OUT, I THINK THIS IS A FORCE MULTIPLIER OPPORTUNITY FOR POLICE DEPARTMENT AND OUR DISTRICT ATTORNEY'S OFFICE TO HAVE THIS AS A SAFETY PRECAUTION AT OUR PARKS. SO I'D LIKE TO SEE MORE OF THIS. YEAH, YEAH, I OH, I'M SORRY. JUST REAL QUICK TO PIGGYBACK ON THAT. I'LL ADD THAT THE CAMERAS THAT WERE PLACED AT REYES WERE VITAL IN HELPING CATCH SOMEONE WHO WAS DOING SOME GRAFFITI AND ALL

[00:50:07]

OF THAT ON SOME OF THE BUILDINGS. SO YEAH, IT HELPED IN THAT MANNER. I AGREE. I MEAN, I THINK IT'S IMPORTANT THAT WE HAVE SOME OF THESE CAMERAS FOR SAFETY. THE OTHER QUESTION IS WHO IS MANAGING THIS, THE DATA? WHO HAS ACCESS TO THE DATA. SO IF YOU CAN EXPOUND ON THAT. YES.

SO THE PARKS DEPARTMENT HAVE ACCESS TO ALL THEIR PARKS AS WELL AS IT HAS ACCESS TO ALL THE CAMERAS. THAT'S THE ONLY PEOPLE WHO HAVE ACCESS. AND WHENEVER THERE'S INCIDENTS, POLICE DEPARTMENT WILL REACH OUT TO REQUEST FOOTAGE FROM US AND WE WILL EXPORT IT AND SEND IT OVER TO THEM FOR ACTIVE MONITORING. NOT ALL THE CAMERAS WILL BE ACTIVELY MONITORED BECAUSE IT'S A LOT OF CAMERAS. MOST OF IT WILL BE USED FOR FOOTAGE RETRIEVAL IN CASE IF THERE IS INCIDENT. BUT WHERE LIKE WHERE WE HAD RECURRENT INCIDENTS LIKE THE CONCESSION STANDS AND RESTROOMS, AS WE SEE, THEY'RE VERY EXPENSIVE TO ME TO BUILD. WE USUALLY WILL USE AI FOR THOSE TO TRACK IT AND SEE IF THERE IS OFF USE HOURS, IF THERE IS ANY KIND OF PEOPLE MESSING WITH IT. THANK YOU, THANK YOU GEORGE. I DON'T HAVE ANY REQUEST TO. OH, I DO HAVE ONE REQUEST TO SPEAK ON THIS ITEM. IS THERE ANY FURTHER COMMENT OR QUESTION FROM COUNCIL MEMBERS? ALL RIGHT. SHADY WILLIAMS, WOULD YOU LIKE TO COME AND MAKE PUBLIC COMMENT ON ITEM 15? SO MY QUESTIONS WERE THE SAME AS YOURS. HOW MANY CAMERAS? WHO'S LOOKING AT THIS? WE NEED TO MAKE SURE THAT WE ARE ALSO WATCHING THE CONSTITUTION. I LIVE IN A PRETTY SAFE NEIGHBORHOOD, SO I BELIEVE THAT WE DON'T NEED THOSE. BUT I'VE I'VE ALSO SEEN THE DYNAMICS OF OLD MIDLAND CHANGING. AND PEOPLE ARE, YOU KNOW, CONSPIRING AND, YOU KNOW, MISCHIEF AND CRIMINAL ACTIVITY AT NIGHT. SO NOT DURING THE DAY WHEN WE'RE ALL OUT. BUT I DO WANT TO KNOW WHO'S MONITORING THIS. HOW MANY ARE WE GOING TO HAVE? ARE WE GOING TO BE MONITORING ALL THE PARKS, THINGS LIKE THAT. AND I DO WANT TO SEE THAT OUR PARKS ARE TAKEN CARE OF, BECAUSE THAT IS WHERE OUR CHILDREN PLAY. THAT IS IS CRUCIAL. AND I KNOW SOME OF THE GRAFFITI AS MY CHILDREN ARE INCREDIBLY SHELTERED, WE WOULD RATHER NOT GO TO THE PARK IN CERTAIN AREAS WITH FRIENDS. UNFORTUNATELY, REYES WAS ONE OF THEM BECAUSE THE GRAFFITI WAS ABSOLUTELY HORRIFIC FOR MY YOUNG CHILDREN TO SEE, AND I DON'T NEED THOSE QUESTIONS IN THEIR MINDS. SO I DO APPRECIATE THAT. AND I WOULD LIKE TO KNOW, HOW MANY CAMERAS ARE WE LOOKING AT? WHO'S GOING TO BE MONITORING THESE DETAILS AND WHAT ACCESS GENERAL QUESTIONS THAT PROTECT OUR PRIVACY. THANK YOU. CAN YOU EXPAND ON THE AMOUNT OF CAMERAS THAT THIS PARTICULAR SYSTEM THAT WE'RE LOOKING AT AS FAR AS TOTALITY OF WHAT WE HAVE IN THE PARKS? I KNOW I DON'T HAVE THE NUMBER RIGHT NOW ON ME. OKAY. BUT WE DO HAVE FOUR FACILITIES. WE DO HAVE OVER 500 CAMERAS, FOUR CITY FACILITIES. YES. OKAY. WE'LL GET THE NUMBER TO YOU.

OKAY. ON WHAT WE HAVE IN OUR PARKS, AS THE COUNCIL REMEMBERS OR RECALLS, WE ARE DOING SOME IN DOWNTOWN AS WELL. WE'RE DOING THEM IN AREAS THAT ARE HIGHLY FREQUENTED. FOR COUNCILMAN LADD'S EXACT POINT OF A FORCE MULTIPLIER FOR POLICE, WE'RE MAKING SURE THAT THEY HAVE THE EQUIPMENT THAT THEY NEED AND WHATEVER FORCE MULTIPLIERS ARE OUT THERE THAT MAKE THEIR JOBS MORE EFFECTIVE AND EASIER TO TO EFFECTUATE. I DO WANT TO BRING UP, YOU KNOW, I'VE HAD SOME QUESTIONS RECENTLY ABOUT JUST CONCERNS ABOUT CAMERAS OUT IN THE DOWNTOWN AREA OR IN MORE PUBLIC SPACES. I THINK THAT THERE ARE SOME CONCERNS ABOUT THOSE. AND THAT'S SOMETHING THAT I'M LOOKING MORE INTO FROM A CONSTITUTIONAL PERSPECTIVE AND FROM JUST THE GENERAL SAFETY, WEIGHING THE CONSTITUTIONAL FREEDOMS THAT WE ENJOY, BUT ALSO THE SECURITY CONCERNS THAT WE HAVE AND THE NEED FOR GIVING OUR OFFICERS THE TOOLS THAT THEY NEED. AND SO I DO HAVE SOME QUESTIONS ABOUT THAT. I'M GOING TO BE DOING SOME MORE WORK RELATED TO FLOCK CAMERAS AND SOME OF THE AREAS. BUT I THINK FOR THINGS THAT ARE CITY FACILITIES, THAT IS A DIFFERENT CONVERSATION. WE DO NEED OUR CITY FACILITIES TO BE MONITORED.

WE'VE HAD INCIDENTS, VARIOUS VARIOUS DIFFERENT KINDS. AND SO I THINK THAT THERE'S A DIFFERENT CONVERSATION TO BE HAD IN A PUBLIC SPACE ON A PUBLIC STREET RELATIVE TO A CITY PARK OR FACILITY. SO THAT'S MY STANCE. THERE WILL BE MORE TO COME ON THE DISCUSSION WITH MORE GENERALIZED FLOCK CAMERAS, FOR MY PART. YEAH. AND MAYOR, I, I WILL AGREE WITH THAT. YOU KNOW, IT'S IMPORTANT FOR US TO HAVE MONITORING. THERE HAS BEEN A LOT OF THINGS THAT HAVE BEEN BROUGHT UP ABOUT FLOCK THAT ARE VERY QUESTIONABLE. I THINK THAT WE NEED FLOCK TO BE ABLE TO SPEAK TO THOSE THINGS. AND FOR US TO BE ABLE TO LOOK IN AND DO SOME OF OUR OWN INVESTIGATION, ALSO BECAUSE WE NEED TO MAKE SURE THAT WE'RE PROVIDING SAFE SURVEILLANCE AND THAT WE'RE NOT INFRINGING ON PEOPLE'S RIGHTS. AND I AGREE WITH YOU 100%. ALL RIGHT. ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? IF NOT, THEN I WILL LOOK FOR YOUR ACTION. WE HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY.

[16. 2026-096 - RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH GARVER, LLC TO PROVIDE ENGINEERING SERVICES RELATED TO THE PROPOSED CONSTRUCTION OF AN AIRFIELD MAINTENANCE EQUIPMENT BUILDING AT MIDLAND AIRPARK FOR A TOTAL COST OF $507,400.00; APPROVING $101,480.00 FOR PROJECT-RELATED EXPENSES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 3) (AIRPORTS) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

[00:55:07]

THANK YOU. ITEM NUMBER 16 IS A RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH GARVER, LLC TO PROVIDE ENGINEERING SERVICES RELATED TO THE PROPOSED CONSTRUCTION OF AN AIRFIELD MAINTENANCE EQUIPMENT BUILDING AT MIDLAND AIR PARK, FOR A TOTAL COST OF $507,400, APPROVING $101,480 FOR PROJECT RELATED EXPENSES, APPROPRIATING FUNDS AND AUTHORIZING PAYMENT. COUNCILMAN POOLE, I BELIEVE YOU PULLED THIS ITEM I DID. I WOULD LOVE NICK TO TO COME ON UP. USUALLY WE HEAR FROM JUSTINE, BUT HE'S HERE AND DRESSED IN HIS FANCY CLOTHES, SO I THOUGHT I'D BRING HIM UP. THIS IS FOR A MAINTENANCE BUILDING OUT AT AIR PARK. AND AS WE CONTINUE TO INVEST IN THAT FACILITY AND JUST SEE THE GROWTH THAT'S CONTINUING TO HAPPEN OUT THERE, THIS WAS JUST A NEEDED ASSET OUT THERE, ALONG WITH THE MAINTENANCE CAPACITY. IT'S ALSO GOING TO SERVE AS SOMEWHAT OF A A LANDING SPACE FOR OUR MAINTENANCE GUY THAT IS WORKING OUT THERE FULL TIME NOW AND ALSO WILL OFFER RESTROOMS TO A LOT OF THE PILOTS THAT ARE FLYING IN AND OUT OF AIR PARK THAT HAVE HISTORICALLY NOT, NOT HAD A BATHROOM TO USE UNLESS BASIN IS OPEN. SO I'VE JUST HAD SOME CONVERSATIONS WITH OTHER COUNCIL MEMBERS AND QUESTIONS. AND SO I JUST WOULD LIKE YOU TO, TO JUST GIVE US A BRIEF OVERVIEW. YES, MA'AM. GOOD MORNING, MAYOR AND COUNCIL. SO THIS IS FOR MAINTENANCE BUILDING AT MIDLAND AIR PARK. AS YOU GUYS ARE AWARE, WE'VE RECENTLY BEEN DOING A PRETTY LARGE AIRFIELD REHABILITATION PROJECT AT THAT AIRPORT THAT WE WERE FORTUNATE ENOUGH TO GET SEVERAL FEDERAL AND STATE GRANTS FOR. AS WE COMPLETE THAT PROJECT, THE NEXT PHASE BECOMES MAINTAINING ALL OF THESE NEW SURFACES THAT WE HAVE AT THE AIRPORT. CURRENTLY, WE HAVE ONE MAINTENANCE PERSONNEL THAT'S ASSIGNED TO THE MIDLAND AIR PARK FULL TIME. PRIOR TO THAT, WE USED TO HAVE TO BRING EVERYTHING FROM MIDLAND INTERNATIONAL ALL THE WAY TO MIDLAND AIR PARK TO CONDUCT MAINTENANCE. AS WE START TO HAVE DEDICATED EQUIPMENT FOR MIDLAND AIR PARK, WE WANT TO MAKE SURE THAT AS WE PROCURE THESE PIECES OF EQUIPMENT, WE'RE MAINTAINING THEM AND PROTECTING THEM, ESPECIALLY FROM THE ELEMENTS. RIGHT NOW WE HAVE A TEMPORARY AREA TO COVER THAT EQUIPMENT, BUT AS WE HAVE ADDITIONAL STAFF WORKING AT THE AIRPORT, ADDITIONAL EQUIPMENT BEING KEPT AT THAT AIRPORT TO MAKE SURE WE'RE MAINTAINING THOSE INVESTMENTS, IT MAKES SENSE TO HAVE A DEDICATED FACILITY TO STORE THAT EQUIPMENT, AS WELL AS HAVING SPACE FOR OUR EMPLOYEES TO WORK. RIGHT NOW, WE'RE HAVING TO DO A LOT OF THINGS OFF OF MOBILE DEVICES AND VEHICLES OR IN TEMPORARY FACILITIES. SO HAVING DEDICATED WORKSPACES WILL OBVIOUSLY MAKE THAT A MORE EFFICIENT TASK FOR OUR STAFF THAT ARE AT THAT AIR PARK. AND THEN, AS COUNCILWOMAN MENTIONED RIGHT NOW, AFTER HOURS, THERE'S NOT A PLACE FOR TENANTS AT THE AIRPORT, OUR GUESTS TO USE FACILITIES IN THE EVENING OR LATE WEEKENDS. SO THIS WOULD ADD A SPACE FOR THAT AS WELL FOR THE TENANTS OF THE AIRPORT AND FOR GUESTS ARRIVING AT THE AIRPORT AFTER HOURS. WONDERFUL. THANK YOU SO MUCH. I APPRECIATE IT. THANK YOU MA'AM. ANY OTHER QUESTIONS? I DON'T BELIEVE SO. THANK YOU VERY MUCH. YEAH, WE'RE DEFINITELY CONTINUING TO SEE LOTS OF GROWTH AND EXPANSION AND A LOT OF USE OF WAIT LISTS OF PEOPLE WHO WANT TO HAVE OPPORTUNITIES OUT THERE. SO THIS IS A MUCH NEEDED IMPROVEMENT. ALL RIGHT. ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL. SEEING NONE I'LL LOOK FOR YOUR ACTION ITEM NUMBER 16. WE HAVE A MOTION FROM COUNCILWOMAN POOLE. WE HAVE A SECOND FROM COUNCILMAN NORMAN. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE

[17. 058-2026 - MOTION AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE MIDLAND DEVELOPMENT CORPORATION IN THE AMOUNT OF $3,500,000.00 PROVIDING FOR THE CONSTRUCTION OF CERTAIN ROAD INFRASTRUCTURE IMPROVEMENTS (GENERALLY LOCATED ON AND ADJACENT TO BRIARWOOD AVENUE BETWEEN AVALON DRIVE AND TROBAUGH BOULEVARD) AS AUTHORIZED BY TEXAS LOCAL GOVERNMENT CODE § 501.103; AND AUTHORIZING PAYMENT FOR SAID AGREEMENT (DISTRICT: 4) (CITY MANAGER) (STRONG ECONOMY WITH MORE QUALITY JOBS)]

MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM NUMBER 17 IS A MOTION AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE MIDLAND DEVELOPMENT CORPORATION AND THE AMOUNT OF 300, I'M SORRY, $3,500,000 PROVIDING FOR THE CONSTRUCTION OF CERTAIN ROAD INFRASTRUCTURE IMPROVEMENTS, GENERALLY LOCATED ON AN ADJACENT TO BRIARWOOD AVENUE BETWEEN AVALON DRIVE AND BOULEVARD, AS AUTHORIZED BY TEXAS LOCAL GOVERNMENT CODE 501103 AND AUTHORIZING PAYMENT FOR SAID AGREEMENT. COUNCILMAN BURKS, I BELIEVE YOU PULLED THIS ITEM. YES, YES. OH, YES. YEAH. SO YEAH, I'M VERY EXCITED. DID YOU WANT TO PULL THIS ITEM? NO, NO. OKAY. NO, IT'S A GOOD ONE SO EVERYBODY CAN PULL IT. I'M VERY EXCITED ABOUT THIS ITEM. IT'S A BIG WIN FOR DISTRICT FOUR AS WELL AS THE CITY OF MIDLAND. AND I THINK IT ALSO HIGHLIGHTS OUR PARTNERSHIPS THAT WE THE STRONG PARTNERSHIPS WE HAVE WITH MDC AND THE COUNTY. AND THIS WILL ALSO PROVIDE A TRAFFIC SIGNAL, A MUCH NEEDED TRAFFIC SIGNAL ON AVALON AND BRIARWOOD. SO IF YOU KIND OF JUST GIVE US AN OVERVIEW AND DISCUSS THAT. YES, ABSOLUTELY. I DO HAVE A PRESENTATION I THINK WILL ANSWER AND ADDRESS ALL OF THAT.

I CAN GO THROUGH IT VERY QUICKLY. MAYBE THIS ALIGNS WITH STRATEGIC GOAL SIX, OF COURSE, INVESTING IN OUR INFRASTRUCTURE. SO THIS IS AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE MDC. AND SARAH IS ALSO HERE IF YOU HAVE QUESTIONS SPECIFIC TO HER. SO AS THE ITEM STATES, IT PROVIDES $3.5 MILLION TOWARDS THIS PROJECT. AND THIS IS PART OF THE MDC, 35% TOWARDS INFRASTRUCTURE. WHAT IT WILL DO, THIS IS THE THE TOP PICTURE IS THE EXISTING CONDITION OF BRIARWOOD BETWEEN AVALON AND BALL AND THE. THE BOTTOM PICTURE IS WHAT IT WILL TURN IT INTO. THIS IS JUST A MAP OF THE LOCATION ALONG BRIARWOOD AND YOU CAN SEE ALL THE UNDEVELOPED

[01:00:04]

LAND AROUND THIS PARTICULAR SECTION AND. HAVING THIS ROADWAY BUILT OUT WILL ALLOW FOR THAT TO BECOME DEVELOPED. YOU MENTIONED PARTNERSHIPS, AND SO THIS KIND OF SHOWS THE COST OF THE PROJECT IS APPROXIMATELY 10 MILLION. ONCE YOU ADD CONTINGENCY. MIDLAND COUNTY BACK IN AUGUST OF 2025, YOU ALL APPROVED AN AGREEMENT WITH MIDLAND COUNTY TO PROVIDE 2.5 MILLION TO THIS PROJECT. OF COURSE, TODAY IT WILL ADD ANOTHER 3.5, LEAVING OUR COST AT 4.8. SO THIS IS JUST AN EXCELLENT EXAMPLE OF WHAT PARTNERSHIPS CAN DO FOR MAJOR INFRASTRUCTURE PROJECTS SUCH AS THIS ONE. SO YES, TODAY WE'RE JUST ASKING THAT YOU APPROVE THIS ECONOMIC DEVELOPMENT AGREEMENT. I WOULD REALLY LIKE TO SAY THANK YOU TO THE COUNTY.

I KNOW WE THANKED THEM WHENEVER WE MADE THAT AGREEMENT WITH THEM, BUT LET'S REMIND EVERYONE THAT THE COUNTY IS PARTNERING WITH US ON THIS AND SEVERAL OTHER PROJECTS. AND THEN THE MDC IS 35% COMMITMENT TO OUR INFRASTRUCTURE, WHERE IT'S EXPANDING OPPORTUNITIES FOR THE COMMUNITY. WE REALLY APPRECIATE THOSE THINGS. IT ALLOWS OUR DOLLARS TO GO A WHOLE LOT FURTHER, AND SO WE'RE THANKFUL FOR THAT. ANY OTHER COMMENTS OR QUESTIONS FROM COUNCIL MEMBERS? RIGHT. SEEING NONE, I'LL LOOK FOR YOUR ACTION ON THIS ITEM. WE HAVE A MOTION FROM COUNCIL MEMBER AND A SECOND FROM SEVERAL OF YOU, COUNCILMAN BURKHOLDER. IT'S AN EXCITING PROJECT. ALL RIGHT. SO IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES

[21. 060-2026 - MOTION ACCEPTING DONATIONS IN THE AMOUNT OF $85,000.00 FROM MULTIPLE LOCAL ORGANIZATIONS; SAID FUNDS SHALL BE USED FOR THE PURCHASE OF NECESSARY EQUIPMENT FOR THE MIDLAND FIRE DEPARTMENT; AND AUTHORIZING THE APPROPRIATION OF FUNDS TO THE FIRE TECHNOLOGY AND EQUIPMENT FUND UPON THE CITY OF MIDLAND’S RECEIPT OF SAID FUNDS (DISTRICT: NONE) (FIRE DEPARTMENT) (SET THE STANDARD FOR A SAFE AND SECURE CITY)]

UNANIMOUSLY. THANK YOU. ITEM NUMBER 21 IS A MOTION ACCEPTING DONATIONS IN THE AMOUNT OF $85,000 FOR MULTIPLE LOCAL ORGANIZATIONS SAID FUNDS SHALL BE USED FOR THE PURCHASE OF NECESSARY EQUIPMENT FOR THE MIDLAND FIRE DEPARTMENT AND AUTHORIZING THE APPROPRIATION OF FUNDS TO THE FIRE TECHNOLOGY AND EQUIPMENT FUND UPON THE CITY OF MIDLAND'S RECEIPT OF SAID FUNDS. COUNCIL MEMBER COLTER. YES, I PULLED THAT, AND I KNOW THAT JACK PULLED ITEM NUMBER 24, WHICH IS SOMEWHAT COINCIDES WITH WHAT WHAT NUMBER 21 IS, BUT I JUST WANTED TO HIGHLIGHT. IT'S FANTASTIC WHEN WE HAVE COMMUNITY PARTNERS THAT ARE INVOLVED IN OUR COMMUNITY, THAT GIVE BACK INTO OUR COMMUNITY AND GIVE BACK TO OUR FIRST RESPONDERS. AND I, I, IT'S JUST AMAZING TO HAVE THOSE PARTNERSHIPS. AND SO WE'RE THE, OF THAT, THE FIRST RESPONDERS, THE BENEFICIARY OF THAT. AND I JUST WANT TO KNOW IF YOU WANTED TO SPEAK A LITTLE BIT ON THE THREE PARTNERS, WHICH WERE OXY, CHEVRON, AND THE PERMIAN BASIN OR THE PERMIAN BASIN. OVINTIV.

YES. YEAH. I JUST WANT TO SAY THANK YOU. THE DONATION THROUGH OVINTIV THROUGH THE PERMIAN BASIN PETROLEUM ASSOCIATION IS TO HELP WITH THE TRANSITION, WHICH WE'RE PRETTY MUCH MANDATED UNFUNDED MANDATE BY THE FEDS. CAN YOU CAN YOU EXPOUND A LITTLE BIT ON WHAT THAT IS, WHAT WE'RE HAVING TO DO? P FOSS DON'T ASK ME TO SAY IT, BUT IT'S A CARCINOGEN IN THE FOAM. WE USE TO TO PUT OUT OIL FIELD FIRES, PRETTY MUCH HYDROCARBON FIRES. SO IT'S TEFLON AT THE END OF THE DAY, IT'S PRETTY MUCH WHAT IT IS. SO A COUPLE OF YEARS AGO, THEY STARTED MOVING TOWARDS GETTING AWAY FROM THAT. IN OUR FOAM. IT IS WAS MANDATED. THE FAA CAME OUT WITH IT FIRST. SO IN AN EFFORT TO NOT HAVE A BUNCH OF DIFFERENT CHEMICALS AND THINGS LIKE THAT, WE JUST DECIDED WE'RE JUST GOING TO GO WITH THE WHOLE FIRE DEPARTMENT. IT'S GOING TO GOING TO DO THAT. SO THIS HELPS WITH THE TRANSITION WITH THAT PART. AND THEN THANK YOU TO CHEVRON AND OXY. THIS HAS BEEN A COUPLE YEAR DEAL. THIS IS FOR OUR DRONE PROGRAM.

WE MET WITH THEM THE OTHER DAY. AND IT, IT, IT MATCHES OUR FUNDS FOR THE DRONE. SO WE'LL BE ABLE TO KICK THAT OFF. YEAH. CAN YOU TELL US HOW YOU USE THE DRONES? IT'LL BE ON OUR EMS CAPTAINS VEHICLE AND THEY RESPOND TO EVERY MAJOR INCIDENT. SO WHEN THEY GET THERE, THEY CAN PUT IT UP IN THE AIR AND GET A BIRD'S EYE VIEW OF WHAT'S GOING ON. ON THE INCIDENT. WE CAN'T ALWAYS MAKE IT AROUND THE STRUCTURE TO SEE WHAT'S GOING ON. AND WE CAN ALSO PD CAN USE IT ALSO. SO LIKE THE OTHER DAY, IF IF THEY NEEDED ANOTHER ONE, GOD FORBID ANYTHING LIKE THAT HAPPENS AGAIN, WE'LL HAVE ANOTHER ONE TO TO PUT UP IN THE AIR IN ASSIST. IT'LL HAVE THE SAME TECHNOLOGY. EXCELLENT. THANK YOU, THANK YOU. APPRECIATE IT. ALL RIGHT. IF THERE ARE NO FURTHER QUESTIONS, I'LL LOOK FOR ACTION. COUNCILMAN BURKHOLDER IS MOTION, AND COUNCILMAN STUBBS HAS A SECOND ON ITEM 24. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. 2020 121. SORRY, I'M TRYING TO MOVE ALONG. 21 SO IF THERE ARE NO FURTHER QUESTIONS OR COMMENTS ON ITEM 21, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM

[24. 061-2026 - MOTION ACCEPTING A DONATION IN THE AMOUNT OF $180,000.00 FROM BUSTIN FOR BADGES; SAID FUNDS SHALL BE USED FOR THE PURCHASE OF NECESSARY EQUIPMENT FOR THE MIDLAND POLICE DEPARTMENT; AND AUTHORIZING THE APPROPRIATION OF $180,000.00 IN THE POLICE TECHNOLOGY AND EQUIPMENT FUND UPON THE CITY OF MIDLAND'S RECEIPT OF SAID FUNDS (DISTRICT: ALL) (POLICE DEPARTMENT) (SET THE STANDARD FOR A SAFE AND SECURE CITY)]

NUMBER 24 IS A MOTION ACCEPTING A DONATION IN THE AMOUNT OF 180,000 FROM BUSTIN FOR BADGES, SAID FUNDS SHALL BE USED FOR THE PURCHASE OF NECESSARY EQUIPMENT FOR THE MIDLAND POLICE DEPARTMENT AND AUTHORIZING THE APPROPRIATION OF 180 000 IN THE POLICE, TECHNOLOGY AND EQUIPMENT FUND UPON THE CITY OF MIDLAND'S RECEIPT OF SAID FUNDS.

COUNCILMAN LAD. YES, SAME AS COUNCILMAN BURKHALTER BROUGHT UP. I JUST WANT TO GIVE YOU AN OPPORTUNITY TO KIND OF TELL US WHAT YOU'RE GOING TO USE THE FUNDS FOR AND TO THANK THOSE

[01:05:03]

THAT THAT PROVIDED THOSE FUNDS. YES, SIR. WELL, THERE'S MORE PARTNERS OUT THERE THIS YEAR THAN I CAN COUNT. THIS JUST KEEPS GROWING. AND ABOUT THE TIME YOU THINK I DON'T KNOW HOW I CAN KEEP DOING THIS? YOU SEE, ALL THESE PARTNERS KEEP CONTINUING, SHOWING UP AND PULLING FOR YOU AND PULLING FOR THE JOB THAT'S DONE OUT THERE. SO THIS YEAR IS THE LARGEST WE'VE EVER HAD, $180,000. AND THEN THAT'S GONE TO ALL THE PARTNERS THAT'S DIVIDED UP.

THAT'S NOT JUST THE POLICE DEPARTMENT. AND SO THIS YEAR, THE MAJORITY OF THOSE FUNDS WILL BE USED FOR ADDITIONS TO OUR ARMOR FOR OUR NEW EMPLOYEES. AND THEN ALSO WE, WE INVEST ALREADY HEAVILY IN DRONES. AND THAT'S WE HAD A BIG REPLACEMENT COST ON THAT LAST MONTH. SO THEY WERE UTILIZED LIKE THEY WERE SUPPOSED TO BE. AND NOW THEY HAVE TO BE REPLACED. AND THESE FUNDS WILL BE USED FOR THAT. EXCELLENT. THANK YOU. I'M ASSUMING IF YOU ATTENDED YOU SCORED 100 OUT OF 100. YEAH. LET'S GO WITH THAT. YES. HEY, I JUST HAVE ONE QUESTION. CAN WE SCHEDULE IT ON A DAY WHERE IT'S NOT RAINING AND COLD AGAIN? IT DOESN'T MATTER WHAT THE WEATHER'S BEEN EVERY TIME IT'S EITHER RAIN OR IT'S DIRT IN YOUR TEETH THE WHOLE TIME. YES, MA'AM. IT'S BEEN LIKE THAT THE LAST FEW YEARS. THAT'S WHY MY SCORE WAS SO BAD. EXCELLENT.

AWESOME. OKAY, WELL, THANK YOU VERY MUCH. WITH THAT, WE'LL LOOK FOR YOUR ACTION.

COUNCILMAN, ON ITEM 24. WE HAVE A MOTION FROM LAD AND A SECOND FROM NORMAN. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU VERY MUCH. WE'LL MOVE FORWARD TO SECOND READINGS AND ITEM 26. YES, MAYOR. WE'RE SHOWING IN OUR SYSTEM THAT SOMEONE PULLED ITEM 25. SPENCER ROBINETTE. HE WAS AVAILABLE TO ANSWER QUESTIONS IF NEEDED.

THANK YOU. YEP. SO WITH THAT, WE WILL MOVE FORWARD TO SECOND READINGS. ITEM NUMBER 26, AN

[26. 10772 - AN ORDINANCE VACATING AND ABANDONING A 0.523-ACRE PORTION OF WEST PENNSYLVANIA AVENUE RIGHT-OF-WAY LOCATED ADJACENT TO BLOCKS 151 AND 152, SOUTHERN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF THE INTERSECTION OF SOUTH MARIENFELD STREET AND WEST PENNSYLVANIA AVENUE) ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR PAYMENT TO THE CITY OF THE SUM OF $45,563.76; RETAINING A NONEXCLUSIVE UTILITY EASEMENT; AND ORDERING RECORDATION BY THE CITY SECRETARY (FIRST READING HELD JUNE 23, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

ORDINANCE VACATING AND ABANDONING A 0.523 ACRE PORTION OF WEST PENNSYLVANIA AVENUE RIGHT OF WAY, LOCATED ADJACENT TO BLACK'S 151 AND 152 SOUTHERN EDITION. CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE WEST SIDE OF THE INTERSECTION OF SOUTH MARION STREET AND WEST PENNSYLVANIA AVENUE, ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR PAYMENT TO THE CITY IN THE SUM OF $45,563.76, RETAINING A NON-EXCLUSIVE UTILITY EASEMENT AND ORDERING RECORDATION BY THE CITY SECRETARY. THANK YOU VERY MUCH.

THIS IS SECOND READING. WE'VE TAKEN UP THIS ITEM IN A PREVIOUS MEETING. IF THERE'S NO FURTHER DISCUSSION OR QUESTIONS ON THIS, WE HAVE A MOTION FROM COUNCILMAN NORMAN SHOWING SPEAKERS ON THIS ITEM. YOU'RE RIGHT, I APOLOGIZE. OKAY, SO WE DO HAVE SEVERAL SPEAKERS ON THIS ITEM. SANDY WILLIAMS, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? SO WE HAVE. 40, $45,000 IS WHAT WE'RE ASKING FOR THIS PROPERTY. I WOULD LIKE TO ASK CITY COUNCIL TO WAIVE THAT. WE WAVED IT FOR LV BROWN. WHY CAN WE NOT WAIVE IT FOR THIS PERSON? IT SHOULDN'T MATTER WHAT YOUR STATUS IS OR WHAT YOU'RE DOING. IF YOU'RE ACTUALLY GOING TO BE HERE TO BETTER OUR COMMUNITY. I BELIEVE IN PASSING IT FORWARD. THERE IS A TIME THAT WE WANT TO SPEND MONEY, AND THERE'S TIME THAT WE WANT TO ACTUALLY PASS IT FORWARD, AND I BELIEVE WE'LL BE BLESSED BY THAT. AND SO I WOULD LIKE TO KNOW WHAT IS THE COUNCIL'S REGULATIONS OR WITHHOLDINGS ON WHEN THEY CAN DO THIS AND WHEN THEY CAN'T. WHAT WHAT STIPULATIONS, WHAT IS IT LOOK LIKE WHEN YOU CAN'T WITHHOLD THE MONEY? WHY THIS PARTICULAR PERSON GETS CHARGED? LV BROWN IS BUILDING A CHURCH. BUILDING THE KINGDOM OF GOD. WHAT IS THIS PERSON DOING? ARE THEY BUILDING A FAMILY? ARE THEY BUILDING A COMMUNITY? ARE THEY BUILDING UP A SIDE OF TOWN THAT NEEDS TO BE BUILT UP? WHY CAN WE NOT WAIVE THE $45,000? LAST ONE WAS OVER $50,000. WHY CAN'T WE WAIVE THIS? THAT'S MY QUESTION. THANK YOU FOR YOUR COMMENTS. DO WE HAVE A STAFF MEMBER AVAILABLE TO SPEAK TO THE SPECIFICS ON THIS ONE? WELL, THIS IS COMING UP. I CAN SPEAK TO PENNSYLVANIA. THIS PORTION OF PENNSYLVANIA WAS ACTUALLY A ROAD THAT WE'RE GOING TO PAVE BECAUSE IT'S UNPAVED TODAY. SO IT'S REALLY UNIMPROVED PROPERTY. AND SO WHEN THIS INDIVIDUAL APPROACHED US ABOUT VACATING THE PROPERTY, WE RECOGNIZE THAT IT'S NOT BEING USED FOR TRAFFIC FLOW AND THAT IT WAS A GOOD CANDIDATE TO VACATE. TECHNICALLY, THEY'RE ACTUALLY SAVING US MONEY AS WELL. BUT AT THE END OF THE DAY, WE HAVE HISTORICALLY CHARGED A CERTAIN AMOUNT FOR COMMERCIAL DEVELOPMENTS THAT WANT TO VACATE OUR RIGHT OF WAY. AND SO THIS WOULD BE CONSISTENT WITH WHAT WE'VE DONE IN THE PAST. THAT'S CORRECT. JUST A LITTLE BIT OF CONTEXT ABOUT THIS ONE. AS A REMINDER, THERE IS A BUSINESS THAT OWNS PROPERTY ON BOTH SIDES OF THIS PARTICULAR RIGHT OF WAY, AND THEIR EMPLOYEES REGULARLY CROSS THE RIGHT OF WAY TO GET BACK AND FORTH BETWEEN THE BUILDINGS AND THE PARKING. THE BUSINESS OWNER HAS COMMUNICATED. IT'S IT'S DANGEROUS. CURRENTLY, MANY PEOPLE TURN OFF OF MARION FIELD

[01:10:01]

ONTO THIS UNPAVED RIGHT OF WAY, AND SOMETIMES IT'S A CLOSE CALL WITH THE EMPLOYEES THAT ARE CROSSING THE STREET. SO THE BUSINESS HAS ASKED THAT THE CITY VACATE THE UNPAVED PORTION OF THE RIGHT OF WAY. THEY'LL BE INSTALLING A GATE ON THE EAST SIDE OF THE PROPERTY TO PREVENT THOSE VEHICLES FROM CUTTING OFF THERE. SO IT REALLY IS A SAFETY IMPROVEMENT IF THE BUSINESS CAN ACQUIRE THIS OTHERWISE UNUSED RIGHT OF WAY FROM US. OKAY. THANK YOU. I WOULD SAY BASED ON HISTORICAL VACATIONS, WE WE DO THINGS LIKE THIS FAIRLY REGULARLY. AND TYPICALLY WE HAVE TAKEN IT ON A CASE BY CASE BASIS FOR NONPROFITS AND CHURCHES. WE HAVE WAIVED SOMETIMES, NOT ALWAYS, BUT ON A CASE BY CASE BASIS. TYPICALLY FOR COMMERCIAL PROPERTIES. WE HAVE NOT DONE THAT. SO I THINK WE THE WILL OF COUNCIL HERE IS WHAT WE SHOULD FOLLOW. BUT I DON'T BELIEVE THAT THERE IS A BLANKET POLICY OR STANDARDIZED PROCEDURE THAT IS ALWAYS FOLLOWED. IS THAT ACCURATE STAFF THAT'S ACCURATE. I WILL JUST SAY THAT WE BASE OUR RECOMMENDATION IN TERMS OF HOW MUCH IS CHARGED FOR THE RIGHT OF WAY IS BASED ON THE LAND VALUE OF THE ADJACENT PROPERTY PER SQUARE FOOT. THANK YOU. IN THIS CASE, $2 PER SQUARE FOOT.

ALL RIGHT. ANY OTHER COMMENTS OR QUESTIONS FROM COUNCIL COUNCIL MEMBERS? ALL RIGHT.

DEREK SMITH, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? I AM GOING TO SECOND WHAT SANDY SAID AND SAY JUST WAIVE THE FEES, BECAUSE I WOULD LIKE MR. CRUMP HERE TO EXPLAIN TO ME WHAT GIVES YOU THE RIGHT TO WILLY NILLY DECIDE WHO PAYS AND WHO DOESN'T. WHENEVER OUR STATE CONSTITUTION, ARTICLE THREE, SECTION 52, SAYS THAT THE STATE CANNOT GIVE ANY COUNTY, MUNICIPALITY OR OTHER SUBDIVISION THE RIGHT TO LEND ITS CREDIT OR ANYTHING ELSE OF VALUE. SO LAND IS SOMETHING OF VALUE AND Y'ALL ARE JUST SITTING HERE WILLY NILLY. JUST WE'RE GOING TO DO WHAT WE WANT, LIKE WE WERE TALKING ABOUT EARLIER WITH BEING CREATIVE WITH FUNDS. SOMEBODY WANTS TO START MY TIME. I'LL SIT UP HERE ALL DAY. I MEAN, CAN YOU ANSWER THAT, NICK? I MEAN, LIKE I SAIDU ALWAYS WAIT UNTIL OUR THREE MINUTES IS UP. SO CAN YOU AND DISCRIMINATE LEGALLY AGAINST CERTAIN PEOPLE? WE'RE GOING TO GIVE LAND TO A MEMBER OF THE MDC TO BUILD A CHURCH. BUT THEN THIS GUY, WE'RE GOING TO CHARGE HIM. AND THEN ANOTHER CHURCH, WHICH WAS SAINT ANNE'S, WE CHARGE THEM. IT WAS THE SAME EXACT THING AS WHAT'S ON THAT MAP RIGHT THERE. THERE WAS A ROAD THAT WENT RIGHT THROUGH FROM TEXAS OVER TO ILLINOIS.

AND WHENEVER SAINT ANNE'S CATHOLIC SCHOOL, A CHURCH, ASKED FOR THAT PIECE OF LAND SO THAT THEY COULD HAVE THEIR FAIR AND ENCLOSE IT AND NOT HAVE TO CLOSE DOWN A STREET AND GO THROUGH THE PERMITTING PROCESS. AND IT WASN'T A HEAVILY TRAVELED STREET. WE DIDN'T WAIVE THE FEES ON THEM. I MEAN, DO WE HAVE SOMETHING AGAINST CATHOLICS IN THIS TOWN? SERIOUSLY? I MEAN, CAN YOU ANSWER MY QUESTION, NICK? ARTICLE THREE, SECTION 52 OF THE STATE CONSTITUTION. WHAT GIVES US THE RIGHT TO WAIVE THE FEES ON ANYBODY, ESPECIALLY WHEN A MEMBER OF THIS COMMUNITY CAME BEFORE THIS COUNCIL AND THEY HAD MONEY ON HAND TO BID ON THAT PIECE OF LAND. AND THAT IS WHAT WE ARE SUPPOSED TO DO. BY LAW. I MEAN, JACK IS A CRIMINAL DEFENSE ATTORNEY. HOW DO YOU DEFEND YOURSELF AND ALL THESE OTHER COUNCIL MEMBERS FROM THE CRIMES THAT YOU ALL COMMIT? TELL ME THAT. ARTICLE THREE, SECTION 52. I'LL SIT HERE AND REPEAT IT UNTIL THE TIME RUNS OUT. ARTICLE THREE, SECTION 52. COME ON, NICK, LOOK AT ME, BUD. IT'S NOT THAT HARD. I'M A HUMAN BEING. YOU GOT A LAW DEGREE, AND I DON'T. THE COUNCIL. WHAT'S THAT? WE WE ASK YOU. I'LL ADDRESS ANYBODY I WANT TO, BECAUSE ALL OF YOU WORK FOR ME, MA'AM, AND YOU NEED TO GO LOOK UP THE RULES BECAUSE YOU HAD TO COME CONTACT SOMEBODY. WOULD YOU PLEASE TAKE A POST DOWN ABOUT MY DAD? WHENEVER I HAD POSTED ABOUT YOU CAN'T ASK ME FOR MY ADDRESS. AND Y'ALL BACK DOWN ON THAT. I'VE PROVEN TIME AND TIME AGAIN THAT Y'ALL VIOLATE THE LAW. AND WE GOT A COUNTY JUDGE THAT'S LOOKING AT POSSIBLY GOING TO PRISON BECAUSE HE JUST COMMITTED A FELONY. SO IT'S HAPPENING IN TRINIDAD, TEXAS.

DO YOU THINK THAT WE, THE CITIZENS ARE PLAYING AROUND WHEN IT COMES TO THIS STUFF? STILL GOT A MINUTE? IT JUST SAID 59 SECONDS. YOUR THREE MINUTES HAVE CONCLUDED. THE TIMER THAT WE'RE GOING BY IS THAT ONE. MAYOR. I WOULD REAL FAST. MY DADDY. FIRST OFF, I DID MENTION THAT BECAUSE WHAT WAS POSTED WAS UNTRUE. IT WAS NOT TRUE. AND I DID FEEL I DID NOT BACK DOWN, SIR. AND I DO NOT LIKE WHEN PEOPLE SPEAK MIS MISTRUTHS ABOUT US. I WILL DEFEND MY FAMILY. AND WHEN OTHER COUNCIL MEMBERS HERE, WHEN THEY SPEAK THE TRUTH, I

[01:15:03]

WILL DEFEND YOU ALL AS WELL. AND SO YEAH, ANY OTHER CLARIFYING COMMENTS OR QUESTIONS ON THIS ONE? ALL RIGHT. WE WILL MOVE FORWARD. MR. ALFRED JAMES, AJ, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? WELCOME, SIR. GOOD MORNING. I JUST WANT TO GIVE YOU GUYS A LITTLE INSIGHT BEFORE YOU MAKE YOUR DECISION. WE EMPLOY ABOUT 130 PEOPLE AND AND OF WHICH CONSTANTLY CROSSING THAT STREET AND ESPECIALLY MYSELF. AND THERE HAS BEEN INCIDENTS WHEN CARS WOULD BE ON THE THE COMING DOWN THAT STREET AND AND THEY THINK THAT IT'S ABANDONED ALREADY, YOU KNOW, WITH ALL THE POTHOLES. AND AS THEY CROSS MARIAN FIELD GOING WEST, THEY WILL. SOMEBODY WILL BE CROSSING THE STREET. AND NUMEROUS TIMES I'VE HEARD SCREECHING BRAKES AND WHICH IT'S A DIRT ROAD. AND THEY WOULD JUST KEEP SLIDING. AND SAFETY IS FIRST AND FOREMOST FOR EVERYBODY THAT WORKS THERE AT OUR COMPANY. THANK YOU VERY MUCH FOR YOUR COMMENTS, SIR. WE APPRECIATE IT. ALL RIGHT. ANY FURTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? SEEING NONE, I'LL LOOK FOR ACTION ON I THINK WE ACTUALLY HAD ONE. DID YOU ALREADY KNOW WHO THE MOTION. AND SECOND WAS? OKAY. SO WE HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN LAD. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.

[27. 10773 - AN ORDINANCE EXTENDING THE BOUNDARIES OF THE CITY OF MIDLAND, TEXAS, BY ADDING THERETO A CERTAIN AREA ADJOINING THE PRESENT CITY LIMITS, BEING A 4.09-ACRE TRACT OF LAND OUT OF SECTION 35, BLOCK 40, T-1-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WEST STATE HIGHWAY 158, APPROXIMATELY 220 FEET EAST OF BEAR DRIVE); ORDERING PUBLICATION; AND ORDERING RECORDATION BY THE CITY SECRETARY (EXTRATERRITORIAL JURISDICTION) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

THE MOTION CARRIES UNANIMOUSLY. THANK YOU VERY MUCH. WE'LL MOVE FORWARD TO ITEM 27, PLEASE. AN ORDINANCE EXTENDING THE BOUNDARIES OF THE CITY OF MIDLAND, TEXAS, BY ADDING THERETO A CERTAIN AREA ADJOINING THE PRESENT CITY LIMITS BEING A 4.09 ACRE TRACT OF LAND OUT OF SECTION 35, BLOCK 40, TOWNSHIP ONE SOUTH TMP RAILROAD COMPANY SURVEY.

CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE SOUTH SIDE OF WEST HIGHWAY 158, APPROXIMATELY 220FT EAST OF BEAR DRIVE. ORDERING, PUBLICATION AND ORDERING RECORDATION BY THE CITY SECRETARY. OKAY. GOOD MORNING. THE ITEM BEFORE YOU IS AN ANNEXATION REQUEST BY CUMBERLAND AND WESTERN RESOURCES FOR AN APPROXIMATE 4.9 ACRES OF LAND LOCATED CURRENTLY IN THE ETJ, BUT IF APPROVED, WILL BE INCORPORATED INTO DISTRICT FOUR OF STATE HIGHWAY 158 AND SINCLAIR. THE INTENT HERE IS TO DIVIDE THE PROPERTY INTO THREE LOTS. THE LOT AT THE CORNER OF SINCLAIR AND 158 LOOKS LIKE IT WILL BE THE FUTURE HOME OF A CHASE BANK. THE OTHER TWO LOTS. IT'S UNKNOWN YET WHAT THOSE WILL BE FOR, BUT IT MAKES SENSE TO PULL THESE INTO THE CITY LIMITS. HERE'S A LOOK AT THE PROPERTY AND THE SURROUNDING ZONING. YOU'LL SEE THE NEXT ITEM IS RELATED TO THIS ONE. IT'S THE INITIAL ZONING FOR THE PROPERTY. YOU'LL SEE THAT WHAT WE'VE ASKED OF THE APPLICANT IS THAT THE BOTTOM, THE THE TWO LOTS THAT WILL BE CLOSEST TO THE REGIONAL RETAIL BE ZONED REGIONAL RETAIL. HOWEVER, THE LOT IN BETWEEN THE REGIONAL RETAIL AND THE SINGLE FAMILY RESIDENTIAL BE ZONED LOCAL RETAIL SO THAT YOU HAVE THAT TRANSITION FROM HEAVIER COMMERCIAL USES TO LIGHTER COMMERCIAL USES UP AGAINST SINGLE FAMILY RESIDENTIAL.

HERE'S A LOOK AT THE CURRENTLY UNDEVELOPED PROPERTY. THE COMPREHENSIVE PLAN DOES SUPPORT THIS PARTICULAR REQUEST. YOU CAN SEE THIS IS THE HISTORY OF THE ITEM. YOU HAD AN ITEM ALSO RELATED ITEM 19 EARLIER ON CONSENT, WHEREIN COUNCIL GAVE THE CITY MANAGER OR DESIGNEE THE AUTHORITY TO NEGOTIATE A DEVELOPMENT AGREEMENT WITH THE CURRENT PROPERTY OWNER TO ALLOW FOR THE INSTALLATION OF AN ARTWORK PIECE ON THE CHASE BANK PROPERTY. THIS IS SOMETHING THAT COUNCILWOMAN BURR WORKED VERY HARD WITH US TO DO TO BEAUTIFY THE AREA. AND PART OF THAT COMMITMENT, NOT NECESSARILY CONTAINED WITHIN THE DEVELOPMENT AGREEMENT, BUT WITH THE BUILDING PERMIT, IS SOME ADDITIONAL LANDSCAPING ALONG STATE HIGHWAY 158, AGAIN, TO TO BEAUTIFY THE AREA AS WE CONTINUE TO BUILD OUT. NO OBJECTIONS WERE RECEIVED DURING THE NOTIFICATION PROCESS. IF APPROVED BY COUNCIL TODAY, THE SECOND READING WILL COME BEFORE YOU ON AUGUST 25TH. AND WITH THAT, AND TO BE CLEAR, THE FIRST ITEM IS THE ANNEXATION.

THE SECOND ITEM IS THE ZONING, CORRECT. SO WE TAKE THESE IN IN SEQUENCE. YES, MA'AM. OKAY. ANY QUESTIONS FROM COUNCIL MEMBERS? ALL RIGHT. WE HAVE NO REQUESTS TO SPEAK ON THIS ITEM, SO I WILL LOOK FOR ACTION OR FURTHER DISCUSSION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN LAD AND A SECOND FROM COUNCILMAN NORMAN. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. GIVE ME ONE MOMENT, PLEASE. AND THAT WAS LAD AND NORMAN, CORRECT? YES. THE

[28. 10774 - AN ORDINANCE ESTABLISHING THE INITIAL ZONING CLASSIFICATION OF THE AREA INDICATED AS BEING A 4.09-ACRE TRACT OF LAND OUT OF SECTION 35, BLOCK 40, T-1-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS, AS AN LR, LOCAL RETAIL DISTRICT, IN PART, AND AN RR, REGIONAL RETAIL DISTRICT, IN PART; SAID TRACT BEING GENERALLY LOCATED ON THE SOUTH SIDE OF WEST STATE HIGHWAY 158, APPROXIMATELY 220 FEET EAST OF BEAR 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 (EXTRATERRITORIAL JURISDICTION) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

[01:20:08]

MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM 28, PLEASE. AN ORDINANCE ESTABLISHING THE INITIAL ZONING CLASSIFICATION OF THE AREA INDICATED AS BEING A 4.09 ACRE TRACT OF LAND OUT OF SECTION 35, BLOCK 40, TOWNSHIP ONE SOUTH, TNT RAILROAD COMPANY SURVEY CITY AND COUNTY, AND MIDLAND, TEXAS AS AN LR LOCAL RETAIL DISTRICT IN PARK AND AN RR REGIONAL RETAIL DISTRICT, IN PART SAID TRACT BEING GENERALLY LOCATED ON THE SOUTH SIDE OF WEST HIGHWAY 158, APPROXIMATELY 220FT EAST OF BEER DRIVE, CONTAINING A CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATIONS. AND SO, NOT TO BELABOR THE POINT, THIS IS THE RELATED INITIAL ZONING AGAIN, AND THE BOTTOM TWO LOTS. WE'RE ASKING THAT THOSE BE REZONED REGIONAL RETAIL, WHILE ARE INITIALLY ZONED REGIONAL RETAIL BY THE LOT BETWEEN THE SINGLE FAMILY RESIDENTIAL AND THOSE FUTURE REGIONAL RETAIL BE LOCAL RETAIL. AGAIN, NO OBJECTIONS RECEIVED AND I'M HAPPY TO TAKE ANY QUESTIONS. DOES COUNCIL HAVE ANY OTHER QUESTIONS? I GUESS SINCE THIS IS A PUBLIC HEARING, I'LL OPEN THE PUBLIC HEARING. I DO NOT BELIEVE THERE'S ANY REQUEST TO SPEAK, SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR A MOTION MOTION FROM LAD, SECOND FROM STUBBS. LET'S VOTE. THE MOTION CARRIES 6 TO 0. RIGHT ON TO ITEM 29, AN ORDINANCE AMENDING

[29. 10775 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR LOT 3A, BLOCK 25, PLANTATION HILLS, SECTION 23, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WHITMAN DRIVE, APPROXIMATELY 350 FEET NORTH OF BLUEBIRD LANE), WHICH IS PRESENTLY ZONED AE, AGRICULTURAL ESTATE DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR AN ASSISTED LIVING / NURSING HOME; MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR LOT THREE, A BLOCK 25 PLANTATION HILLS, SECTION 23. CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE EAST SIDE OF WITTMANN DRIVE, APPROXIMATELY 350FT NORTH OF BLUEBIRD LANE, WHICH IS PRESENTLY ZONED AGRICULTURAL ESTATE DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF AN OR USED FOR AN ASSISTED LIVING NURSING HOME. MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN. CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS IN SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. ALL RIGHT. THIS IS A SPECIFIC USE DESIGNATION FOR AN ASSISTED LIVING FACILITY INTENDED FOR THE ELDERLY.

ASSISTED LIVING FACILITIES, JUST FOR A LITTLE BIT OF CONTEXT, ARE REGULATED BY THE STATE OF TEXAS. THE SIZE OF THIS ASSISTED LIVING FACILITY WOULD COINCIDE WITH A LICENSE FOR A FACILITY THAT COULD HOUSE BETWEEN 4 AND 16 RESIDENTS. BEST FOR SENIORS TO LIVE IN A HOME LIKE ENVIRONMENT. BUT WHEN THEY NEED A LITTLE BIT OF ADDITIONAL ASSISTANCE WITH DAILY ACTIVITIES, THE CURRENT PROPERTY OWNER IS LIFE HOUSE FELLOWSHIP CHURCH. THE INTENT HERE, IF APPROVED, WOULD BE TO SELL THE PROPERTY TO THE FUTURE OPERATOR OF THAT ASSISTED LIVING FACILITY, AND THE LOCATION IS AT 5108 WHITMAN DRIVE, JUST SOUTH OF THE SANTA RITA SCHOOL IN DISTRICT ONE. HERE'S A LOOK AT THE OVERALL PROPOSED SITE PLAN AND SOME INFORMATION ABOUT THE HOURS OF OPERATION. IT IS OBVIOUSLY A 24 OVER SEVEN OPERATION. IT'S A 5500 SQUARE FOOT BUILDING THAT'S PROPOSED, WHICH IS CONSISTENT WITH SOME OF THE HOUSES THAT YOU SEE IN THE AREA ON A 3.1 ACRE LOT OF LAND. SO THE HOME ITSELF WOULD COVER JUST ABOUT 4% OF THE OVERALL LOT SIZE. THE CURRENT ZONING IS A E, AN ASSISTED LIVING FACILITY IS ALLOWED IN THE ZONING DISTRICT WITH THE APPROVAL OF AN SUD, WHICH IS THE REQUEST TODAY. THE PROPERTY IS CURRENTLY UNDEVELOPED. AGAIN, IF APPROVED, THE PROPERTY WOULD BE DEVELOPED CONSISTENT WITH THAT SITE PLAN THAT YOU PREVIOUSLY SAW. HERE'S A LOOK AT THE PROPERTY ITSELF OFF OF WHITMAN. HERE'S A LOOK AT HOW IT CORRELATES TO THE COMPREHENSIVE PLAN. IT IS SUPPORTED BY THAT PLAN. AND WHEN NOTICE WAS SENT OUT TO THE PROPERTY OWNERS WITHIN 200FT OF THE PROPERTY, WE DID RECEIVE THREE OBJECTIONS, WHICH RESULTS IN A 3,032% OBJECTION OF THE THE 200 FOOT BUFFER AREA. THIS DOES TRIGGER A SUPERMAJORITY VOTE BY COUNCIL TO APPROVE THE SUD. THE PRIMARY CONCERN CONVEYED BY THE PROTESTERS WAS JUST A CONCERN ABOUT INCREASED TRAFFIC. THE TRAFFIC FLOW IS ALREADY VERY HEAVY IN THE AREA WITH THE SCHOOL, AND THERE'S CONCERN ABOUT THE ADDITIONAL TRAFFIC THAT THIS BUSINESS MAY CAUSE ON THE AREA. THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL. THEY DID CONVEY SOME CONCERN, WANTING TO ENSURE THAT THE SIZE OF THE BUILDING WOULDN'T BE TOO LARGE AND ALLOW FOR MORE THAN THE 16 RESIDENTS. AGAIN, THE ORDINANCE BEFORE YOU WOULD LIMIT THE SIZE OF THAT BUILDING TO THE 5500FT■S THAT YOU SAW BEFORE AND BASED ON THE STATE OF TEXAS REQUIREMENTS REQUIRING LICENSING, NO MORE THAN 16 RESIDENTS COULD LIVE IN THAT PARTICULAR AREA. AND SO IF THIS REQUEST IS APPROVED BY COUNCIL STAFF RECOMMENDS, IT'S APPROVED

[01:25:02]

WITH THE FOLLOWING CONDITIONS, WHICH JUST CONVEY THAT IT MUST BE DEVELOPED CONSISTENT WITH THE SITE PLAN PROVIDED IN THE ORDINANCE. AND I'M HAPPY TO TAKE ANY QUESTIONS. WELL, I'LL START OFF, GIVEN MY PREVIOUS EXPERIENCES IN DEALINGS, I'M NOT THE BIGGEST FAN OF ISSUING SUDS ON AN A PIECE OF PROPERTY. MY THOUGHTS ARE IS THAT IF YOU'RE GOING TO USE IT FOR SOMETHING, YOU NEED TO OWN IT FOR SOMETHING, AND NOT NECESSARILY. THE SUDS, I THINK SOMETIMES ARE THEY THEY KIND OF PUSH THE BOUNDARIES OF WHAT WE SHOULD BE DOING THERE IN THE FIRST PLACE. THE SECOND THING IS, IS THAT MY BIGGEST CONCERN IS, IS THAT EVEN THOUGH I AM PRO ASSISTED HEALTH CARE HERE, BUT THIS IS RIGHT ACROSS THE STREET FROM SANTA RITA SCHOOL.

AND IF YOU'VE EVER BEEN THROUGH SANTA RITA DURING DROP OFF PICK UP, IT IS AN ABSOLUTE HEADACHE AND I AM ABSOLUTELY WORRIED THAT WE HAVE SOMEBODY THAT'S IN NEED OF MEDICAL ATTENTION AND THEY ARE NOT BEING ABLE TO. THEY CAN'T BE ACCESSED QUICKLY BECAUSE OF THE TRAFFIC THAT'S CAUSED OVER THERE. AND AND SO ANYWAY, WITH THAT BEING SAID, I JUST DON'T THINK THAT THIS IS THE PROPER PLACE TO PUT SOMETHING LIKE THIS. WE NEED TO TAKE INTO CONSIDERATION PEOPLE AND THEIR SAFETY WHEN IT COMES TO THEIR HEALTH CARE NEEDS. AND I JUST DON'T THINK THAT THIS IS THE RIGHT PLACE. I SHARE THOSE SAME CONCERNS THAT NOT JUST SANTA RITA, BUT THERE'S ALSO ANOTHER SCHOOL THAT'S JUST NORTH OF THERE, AND QUITE A BIT OF OTHER ACTIVITY THAT TAKES PLACE IN THIS AREA. SO I THINK THAT IT IS AN UNSAFE PLACE FOR SOMETHING LIKE THIS. AND PRIMARILY DURING THE DROP OFF PICK UP TIMES, BUT THERE ARE OTHER TIMES AS WELL. AND SO WE JUST CAN'T HAVE ENTIRE SECTIONS OF THE DAY THROUGHOUT MOST OF THE SCHOOL YEAR THAT THAT ARE CONCERNING LIKE THIS. SO THIS IS NOT SOMETHING THAT I'M GOING TO BE ABLE TO SUPPORT FOR THE SAME REASON. OTHER. I'LL ECHO THAT. I THINK THIS IS AGAIN, IT'S NOT REALLY A GOOD FIT. I KNOW WE NEED THESE TYPE OF FACILITIES IN MIDLAND. I KNOW THERE'S A GIGANTIC NEED, BUT WE CAN'T MAKE ANOTHER PROBLEM BY SOLVING ONE. AND I THINK WHERE I'M AT IS WHITMAN IS JUST NOT IN THE RIGHT STREET TO EVEN HAVE THE SCHOOL ON RIGHT NOW. AGAIN, THERE'S A WHOLE BUNCH OF GROWTH GOING ON TO THE NORTH OF IT AS WE'RE TALKING ABOUT NEW SCHOOLS AND STUFF GOING NORTH OF THERE. AND AGAIN, I HAVE A REAL PROBLEM WITH I'VE SEEN THE LINE FOR SANTA RITA GO ALL THE WAY DOWN BLUEBIRD AND INTERRUPT THE INTERSECTION AT GARFIELD. THEY'VE ACTUALLY STOPPED BEING ABLE TO GO THROUGH GARFIELD. AND SO THAT THAT'S AN AREA THAT JUST ADDING MORE DENSITY TO IS GOING TO CAUSE A GIGANTIC PROBLEM IN MY MIND. SO, AND I THINK THE NEIGHBORS WHO OBJECTED OBJECTED FOR THAT VERY REASON. AND SO I THINK WE NEED TO LISTEN TO THAT. AND I THINK WHEN YOU HAVE 32%, IT'S VERY SIGNIFICANT. SO I WILL BE VOTING NO ON THIS AS WELL. OKAY.

ANY OTHER COMMENTS OR QUESTIONS FROM COUNCIL MEMBERS? ALL RIGHT. THIS IS A PUBLIC HEARING. SO I'LL OPEN THE PUBLIC HEARING AND INVITE SEVERAL PEOPLE TO COME FORWARD AND SPEAK. FIRST.

RODNEY WOODWARD WOODARD, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? WELCOME, SIR. WE MY WIFE AND I LIVE IN THE NOTIFICATION AREA. WE WE LIVE ACTUALLY JUST EAST OF THIS PROPERTY. I HAD NOT PREVIOUSLY SUBMITTED AN OBJECTION. SO THAT'S HOW COME I'M HERE NOW.

BUT WE DO OBJECT TO IT. YOU GUYS TOOK YOU GUYS TALKED ABOUT EVERYTHING. I WAS GOING TO SAY THE TRAFFIC DEAL IS REAL AND AND THE PEDESTRIAN. A LOT OF THOSE KIDS WALK DOWN THROUGH THERE TO. IT GETS PRETTY CONGESTED FOR THE MOST PART. IT'S TRANQUIL, BUT WHEN IT'S NOT, IT'S REALLY NOT. IT GETS, LIKE HE SAID, PRETTY CRAZY. SO I WON'T GO INTO ANY MORE BECAUSE YOU ALREADY. YOU ALREADY SEEM TO BE. THANK YOU VERY MUCH. YOU SEEM TO BE WHERE I WOULD LIKE YOU TO BE. PERFECT. WELL, THANK YOU FOR BEING HERE AND THANK YOU FOR WAITING THROUGH THE OTHER ITEMS AS WELL. JARED. SIMON, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? WELCOME, SIR. YEAH. GOOD MORNING. I ACTUALLY LIVE DIRECTLY ACROSS THE STREET FROM THIS FACILITY. SO MY DRIVEWAY WOULD BE WITHIN 100 FOOT OF THE PROPOSED LOT. SO I FELT THE NEED TO COME UP AND SPEAK IN FRONT OF YOU ALL AS A COUNCIL. YOU ALL MADE YOUR POINTS VERY CLEAR ALREADY THIS MORNING. I DON'T WANT TO TAKE UP A LOT OF TIME. I THINK THE BIGGEST THING THAT'S CONCERNING TO ME AND MY FAMILY OUTSIDE OF THE TRAFFIC IS THAT YOU'RE PLACING ANOTHER HIGH DENSITY FACILITY NEXT TO AN EXISTING SCHOOL. UNFORTUNATELY, IN THE 2026 TIME FRAME THAT WE LIVE IN, WITH CONCERNS THAT WE HAVE TO DEAL WITH, THAT WE NEVER THOUGHT WE HAD TO DEAL WITH BEFORE THE CASE OF AN EMERGENCY OR A MEDICAL EVENT. EVEN WORSE, A SCHOOL LOCKDOWN. HOW WOULD THESE PEOPLE BE ABLE TO ACCESS MEDICAL COVERAGE IN THOSE TIMES? SO THE WAY THE LOT STANDS, THERE WOULD NOT BE ANY OTHER INGRESS OR EGRESS OFF OF

[01:30:01]

WITTMANN DRIVE WOULD BE THE ONLY OPTION. SO THAT'S THE ONE THING I WANT TO POINT OUT IN ADDITION TO WHAT'S ALREADY BEEN SAID. SO I RESPECTFULLY REQUEST THAT YOU GUYS DENY THIS PROPOSAL OR OR EXCUSE ME, THE REQUEST FOR THE REZONING. AND THANKS FOR YOUR TIME. THANK YOU VERY MUCH FOR YOUR COMMENTS. JACK, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? WELCOME, SIR. THANK YOU. MY NAME IS JACK AND I AM A COMMERCIAL REAL ESTATE BROKER WITH MORIAH REPRESENTING THE PROPERTY PURCHASER. FIRST, I WANT TO ACKNOWLEDGE THE CONCERNS EXPRESSED BY SOME OF THE NEIGHBORING PROPERTY OWNERS, AND WE UNDERSTAND THE TRAFFIC IN THIS AREA, PARTICULARLY DURING SCHOOL. DROP OFF AND PICK UP, AS SANTA RITA IS ALREADY A SOURCE OF FRUSTRATION. THOSE CONCERNS ARE REAL, AND WE APPRECIATE THE OPPORTUNITY TO ADDRESS THEM. HOWEVER, I BELIEVE THAT THERE IS AN IMPORTANT DISTINCTION THAT NEEDS TO BE MADE. THIS PROPOSAL IS NOT FOR A NURSING HOME OR FOR A LARGE INSTITUTIONAL CARE FACILITY. IT IS A SMALL RESIDENTIAL ASSISTED LIVING HOME LICENSED BY THE STATE OF TEXAS HAS ALREADY BEEN SAID, WHICH WILL HOUSE BETWEEN 4 TO 16 RESIDENTS. SO HERE'S WHAT THE PROJECT IS NOT. IT'S NOT A LARGE ASSISTED LIVING FACILITY, WHICH THOSE ARE 17 PLUS THAT PROVIDE SIMILAR CARE, BUT IN LARGER APARTMENT STYLE SETTING. THIS IS NOT A NURSING FACILITY OR A NURSING HOME, WHICH PROVIDES CONTINUOUS NURSING CARE FOR RESIDENTS. AND IT'S NOT A SKILLED NURSING FACILITY EITHER. IT'S A SMALL RESIDENTIAL ASSISTED LIVING HOME. UNLIKE A NURSING FACILITY, THIS TYPE OF RESIDENCE IS INTENTIONALLY DESIGNED TO FUNCTION AS A HOME. THERE IS NO ROTATING SHIFTS OF MEDICAL STAFF, NO FREQUENT AMBULANCE TRAFFIC. THERE ARE NO LARGE NUMBERS OF VISITORS OR CONSTANT FLOW OF TRAFFIC. IT SERVES SENIORS WHO SIMPLY NEED ASSISTANCE WITH DAILY LIVING, WHILE CONTINUING TO LIVE IN A QUIET RESIDENTIAL ENVIRONMENT. IN FACT, I UNDERSTAND THE CITY ENGINEER DID A TRAFFIC STUDY AND DOES NOT DETERMINE IT WOULD ADD ADVERSE ADVERSELY IMPACT THE TRAFFIC IN THE AREA, THE TRAFFIC CONCERNS THAT EXIST TODAY, AS HAS ALREADY BEEN EXPRESSED, IS LARGELY ASSOCIATED WITH THE ELEMENTARY SCHOOL. IT'S NOT REALLY WITH THIS PROPOSED PROJECT. MOST FAMILY MEMBERS THAT WOULD VISIT A HOME LIKE THIS WOULD VISIT IN THE EVENINGS OR ON THE WEEKENDS OUTSIDE OF SCHOOL TRAFFIC HOURS. I ALSO BELIEVE THAT IT'S IMPORTANT TO CONSIDER THE PROPERTIES ALREADY WHAT IT'S ALREADY ENTITLED TO BECOME. UNDER THE CURRENT ZONING, THERE'S A CHURCH COULD BE DEVELOPED THERE AND IT IS ALREADY OWNED BY A CHURCH. AND SO IF A CHURCH CAN BUILD THERE WITH A MEMBERSHIP OF MORE THAN 200 MEMBERS, A SINGLE SUNDAY SERVICE OR A COMMUNITY EVENT WOULD SUBSTANTIALLY ADD MORE TRAFFIC IN THAT AREA THAN THIS.

ASSISTED LIVING HOME WOULD LIKELY ADD IN AN EXTENDED PERIOD OF TIME. MY CLIENT IS NOT ABLE TO BE HERE, BUT HAD SHARED A LETTER EARLIER, WHICH I'LL JUST READ AN EXCERPT FROM HER, SHE SAID. THROUGHOUT MY YEARS OF CARING FOR SENIORS AS A PHYSICIAN, I HAVE HEARD THE SAME MESSAGE REPEATEDLY. I DON'T WANT TO LIVE IN A NURSING HOME. THOSE CONVERSATIONS INSPIRED MY VISION, AND I BELIEVE GROWING OLDER SHOULD NEVER MEAN GIVING UP THE FEELING OF BEING HOME SO SMALL. RESIDENTIAL ASSISTED LIVING HOMES ALLOW SENIORS TO RECEIVE CARE WHILE THEY PRESERVE THEIR DIGNITY AND FAMILIARITY AND INDEPENDENCE AND MEANINGFUL RELATIONSHIPS. THANK YOU. THANK YOU FOR YOUR COMMENTS. ACTUALLY, I HAVE A QUESTION FOR YOU. SURE.

SO WHAT IS WHAT IS THE STATE OF HEALTH OF MOST OF YOUR RESIDENTS? CAN THEY DRIVE CARS? DO THEY DRIVE CARS? THEY ARE TYPICALLY NOT DRIVING. THEY THIS IS NOT A REHABILITATION CENTER. AND SO THEY'VE BEEN, SAY, DISCHARGED FROM THE HOSPITAL. THEY'VE ALREADY GONE TO A REHAB PLACE, BUT THEY DON'T HAVE FAMILY MEMBERS THAT LIVE CLOSE THAT CAN TAKE CARE OF THEM ON A, ON A NORMAL BASIS. AND SO THEY JUST NEED A PLACE TO LIVE WHERE IN THE EVENT THAT THEY NEED SOME KIND OF ASSISTANCE, HAS SOMEONE THERE WHO CAN CARE FOR THEM. SO THIS IS ESSENTIALLY JUST LIVING AT HOME, BUT HAVING SOMEONE CLOSE BY. SO DO YOUR RESIDENTS GO OUT MUCH OR IS IT THEY DON'T GO OUT MUCH? THE IF YOU LOOK AT THE SITE PLAN, THERE'S JUST A BUILDING AND THERE'S A LOT OF GREEN SPACE FOR THEM TO BE ABLE TO BE AND LIVE JUST LIKE THEY WOULD BE HOME, THEY'RE NOT GOING OUT MUCH. ON OCCASION, A FAMILY MEMBER COMES AND VISITS HOW MANY I SAW IT WAS 4 TO 5 EMPLOYEES. HOW MANY EMPLOYEES ARE WORKING AT ANY GIVEN TIME? AT ANY GIVEN TIME, YOU HAVE MAYBE TWO PEOPLE AND THAT'S 24 OVER SEVEN, CORRECT. OKAY.

THANK YOU. THANK YOU FOR YOUR COMMENTS. AT THIS TIME, I'D LIKE TO CALL JOSEPH DAVIS TO COME FORWARD AND MAKE PUBLIC COMMENT. WELCOME, SIR. THANK YOU. GOOD MORNING, JOSEPH DAVIS.

I LIVE AT 2700 BLUEBIRD. A QUICK NOTE ON THE MAP FOR OBJECTIONS. IT ONLY PICKED UP ONE OF MY LOTS. I'M THE SOUTHWEST LOT AND BETWEEN ME AND JARON SIMONDS I OWN THAT

[01:35:03]

LOT AS WELL, SO I WOULD BE OBJECTING FOR THAT LOT AS WELL. I SECOND EVERYTHING, JARON SIMON SAYS. I HAVE ALL THE SAME CONCERNS. I THINK MOST OF US ARE ON THE SAME PAGE. I WANT TO MAKE A FEW COMMENTS REGARDING THE LAST PERSON UP HERE. THAT'S ALL SPECULATION. HE DOES NOT OPERATE THAT FACILITY. HE DOESN'T KNOW WHAT IT'S GOING TO LOOK LIKE. THAT IS PURE SPECULATION. AT THE END OF THE DAY, IT'S A BUSINESS. IT'S NOT A RESIDENCE. THERE MIGHT BE PEOPLE LIVING THERE, BUT A E IS SPECIFIC TO SINGLE FAMILY RESIDENCE. THIS IS A BUSINESS.

WE HAVE NO IDEA WHAT THAT BUSINESS LOOKS LIKE TEN YEARS FROM NOW IF A SON IS PUT IN PLACE. SO I SECOND EVERYTHING. JARED SIMON SAYS. I OPPOSE THIS PROPOSAL STAUNCHLY, AND I HOPE YOU GUYS DO TOO. THANK YOU VERY MUCH FOR YOUR COMMENTS. ALL RIGHT. SO THAT CONCLUDES OUR REQUEST TO SPEAK CARDS. AND SO I WILL CLOSE THE PUBLIC HEARING. ARE THERE ANY FURTHER COMMENTS OR DISCUSSION AMONG COUNCIL MEMBERS? SEEING NONE, I WILL LOOK FOR YOUR ACTION ON THIS ITEM. ALL RIGHT. SO THIS MOTION FAILS FOR LACK OF EMOTION. AND WE WILL MOVE FORWARD TO ITEM

[30. 10776 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR A 35.05-ACRE TRACT OF LAND OUT OF SECTION 25, BLOCK 39, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF NORTH FAIRGROUNDS ROAD, APPROXIMATELY 650 FEET NORTH OF EAST CUTHBERT AVENUE), WHICH IS PRESENTLY ZONED MH, MANUFACTURED HOUSING DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR A MANUFACTURED HOME PARK; 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)]

NUMBER 30, AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM. I'LL LET YOU FINISH READING. OKAY.

35.05 ACRE TRACT OF LAND OUT OF SECTION 25, BLOCK 39, TOWNSHIP ONE SOUTH TAP RAILROAD COMPANY SURVEY. CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE WEST SIDE OF NORTH FAIRGROUNDS ROAD, APPROXIMATELY 650FT NORTH OF EAST OF FOURTH AVENUE, WHICH IS PRESENTLY ZONED MH MANUFACTURED HOUSING DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR A MANUFACTURED HOME PARK, MAKING DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING A COMPOUND CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. GOOD MORNING. THE CITY COUNCIL HAS SEEN THIS ITEM BEFORE YOU. IT IS FOR THE DEVELOPMENT OF A MOBILE HOME PARK, STONEBRIDGE, THAT WILL BE LOCATED NEAR THE REYES MASHBURN NELMS PARK. JUST FOR CONTEXT, THE DEVELOPMENT OF A MOBILE HOME PARK DEVELOPMENT IS A. IT'S ACTUALLY A THREE STEP PROCESS. IT'S ENSURING. FIRST, YOU HAVE THE ZONING IN PLACE. SECOND, IT REQUIRES A SPECIFIC USE DESIGNATION, AND THAT'S TO LOOK MORE CLOSELY AT WHAT THE SITE PLAN OF THE DEVELOPMENT LOOKS LIKE. AND THEN THIRD, THERE IS ALSO A LICENSE REQUIRED. SO THIS IS THE SECOND OF THOSE STEPS. HERE'S A LOOK AT THE PROPERTY ITSELF IF APPROVED BY COUNCIL. WHAT THIS DOES IS IT UPDATES AN EXISTING 2019 STUDY THAT COVERS A MUCH LARGER AREA. THIS IS A SMALLER AREA. THE APPLICANT HAS SOLD OFF THE WESTERN PORTION OF THE PROPERTY TO IDA SCHOOLS AND RETAINS THE PORTION YOU SEE HIGHLIGHTED HERE IN BLUE. IF APPROVED, THE STUDY WOULD ALLOW FOR THE DEVELOPMENT OF 263 SPACES FOR A FUTURE MOBILE HOME PARK. HERE'S A LOOK AT THE 2019 S. YOU SEE THAT THAT IS CURRENTLY IN PLACE. AND THEN HERE'S A LOOK AT THE PROPOSED 2026 STUDY. SO AGAIN, YOU CAN JUST SEE THAT THAT WESTERNMOST PROPERTY IS NO LONGER INCLUDED IN THE STUDY. ONE THING I WANT TO MAKE CLEAR IS THAT THE PRIMARY ACCESS POINT IS ON THE EAST SIDE OF THE PROPERTY. HOWEVER, THE APPLICANT HAS RETAINED AN ACCESS EASEMENT THROUGH THE PROPERTY THAT WAS SOLD TO IDA SCHOOLS TO ALLOW A SECONDARY POINT OF EGRESS OFF OF TILDEN, WHICH IS NOT SHOWN IN THIS SITE PLAN. AND SO I'LL MAKE IT CLEAR A LITTLE BIT LATER. BUT IF COUNCIL CHOOSES TO APPROVE THIS ITEM, WE DO ASK THAT IT BE APPROVED WITH AN AMENDMENT THAT A CONDITION BE ADDED TO THE ORDINANCE THAT REQUIRES THAT SECONDARY POINT OF EGRESS OFF OF TILDEN, WHICH, AGAIN, THE APPLICANT HAS SHOWN THAT THEY HAVE MAINTAINED THAT ACCESS EASEMENT THROUGH THEIR CONTRACT WITH THE SCHOOL. CAN I INTERRUPT YOU? SURE. ONE OF THE SITE PLANS DOES HAVE THAT ROAD ON THE NORTH SIDE. DOES IT SHOW IT ON IT ON ONE OF THEM? NOT.

NOT ON THIS ONE. NO. THE ONE IN THE PACKET ACTUALLY HAS A ROAD ON THE NORTH SIDE. THEN WE WERE ABLE TO REPLACE IT. WE JUST WANT TO MAKE SURE THAT WE CALL IT OUT IN THE CONDITIONS ON THE ACTUAL ORDINANCE AND THAT THAT WASN'T INCLUDED IN THE CONDITIONS. OKAY. THAT NEEDS OKAY, JUST A CRITICAL COMPONENT TO ENSURE THERE'S ADEQUATE MEANS OF EGRESS IF NECESSARY, SHOULD THERE BE AN EMERGENCY. AND SO HERE'S JUST A LOOK. COMPARING THE 2019 TO 2026. YOU CAN SEE AGAIN THE ACREAGE IS SMALLER AND THE NUMBER OF SPACES HAS DECREASED SLIGHTLY.

THE BIGGEST DIFFERENCE, THOUGH, IS THAT YOU SEE THAT THE DENSITY HAS GONE FROM 12 UNITS PER ACRE TO EIGHT UNITS PER ACRE, SO SUBSTANTIALLY LESS DENSE. OUR CODE DOES REQUIRE SEVEN UNITS PER ACRE, SO SLIGHTLY LESS SO. THERE IS A VARIANCE BEING REQUESTED HERE, BUT AGAIN, LESS DENSE THAN WHAT WAS ALLOWED IN 2019. HERE'S JUST MORE DETAIL ABOUT WHAT THOSE SPACES WOULD LOOK LIKE. THERE'S A VERY SIMILAR MOBILE HOME DEVELOPMENT ON THE OTHER SIDE OF THE STREET THAT THE APPLICANT ALSO OWNS, AND THIS WOULD LOOK SUBSTANTIALLY

[01:40:03]

DO YOU MIND ADVANCING? THANK YOU. OH WELL, ONE THING WHILE WE'RE WORKING ON ADVANCING THAT I'LL SAY IS THERE IS A NUMBER OF CONDITIONS ATTACHED TO THIS ORDINANCE. AND THOSE CONDITIONS PRIMARILY WERE CONTAINED IN THE 2019 ORDINANCE, AND THE APPLICANT HAS REQUESTED THAT THEY BE CARRIED OVER TO THE 2026 ORDINANCE. A FEW OF THOSE CONDITIONS MODIFY WHAT THE CODE ALREADY OTHERWISE REQUIRES. SO THINGS LIKE SLIGHTLY NARROWER STREETS, NO SIDEWALKS. WHAT I WILL SAY IS THAT THE STREETS WILL REMAIN PRIVATE, SO THEY WILL NOT BE CITY STREETS. THEY WILL BE MAINTAINED BY THE PROPERTY OWNER. AND THEN ALSO THAT INSTEAD OF THE GREEN SPACE REQUIRED BY CODE, THAT A FOOD TRUCK AREA BE PROVIDED INSTEAD. AND THE APPLICANT HAS CONVEYED THAT REYES, MASHBURN, NELMS IS DIRECTLY ACROSS THE STREET, AND THAT CAN SERVE AS A GREEN SPACE FOR THE AREA. THERE'S SEVERAL OTHERS HERE. I'M HAPPY TO GO THROUGH THEM, BUT I JUST WANT TO MAKE IT CLEAR THAT WHAT WAS APPROVED IN 2019 IS WHAT THE APPLICANT IS ASKING TO CARRY OVER TO THIS 2026 CITY. SO JUST TO CLARIFY, WHAT I'M HEARING YOU SAY IS THAT THE 2019 APPROVED SUD ANY CHANGES TO THAT ARE LESS DENSE? YES. AND DEPENDING ON WHO YOU'RE TALKING TO, MORE FAVORABLE TO WHATEVER OUR CONCERNS WOULD BE. YES. AND CERTAINLY LESS DENSE. YES, MA'AM. YEAH. OKAY. ANY OTHER QUESTIONS FROM COUNCIL MEMBERS. YEAH. I HAVE A THE ONLY I MEAN, I'M I'M IN SUPPORT OF THIS PROJECT. THE ONLY THING THAT I HAVE CONCERN WITH IS THE SORT OF SIDEWALKS. ARE THEY IN THE PROPERTY ACROSS THE STREET? NO. IF YOU DRIVE THROUGH THE PROPERTY ACROSS THE STREET, THEY'RE JUST STREETS. THERE ARE NO SIDEWALKS WITHIN THE DEVELOPMENT. AND SO THIS WOULD BE SIMILAR TO THAT. SIMILAR TO THAT. OKAY. YES, SIR. YEAH. AND THEN ALSO, THE ONLY THING I'M, I'M THINKING ABOUT IS LIKE THE FOOD TRUCK. LIKE IT'S A FOOD TRUCK AREA INSIDE THE. YES, SIR. LET ME GO BACK TO THE IT'S SMALL. LET'S SEE IF WE COULD SHOW IT. SO IT'S, IT'S ON THE WESTERNMOST PORTION OF THE PROPERTY. I CAN POINT IT OUT HERE. THANK YOU. SO WE YOU RIGHT THERE. EASTERN THE EASTERN. OH SORRY. EASTERN PORTION. YEAH. SO DIRECTLY ACROSS FROM THE. YES. OKAY. SO LIKE THE PUBLIC WOULD HAVE ACCESS TO IT THEN IF IT WAS FOOD TRUCKS IN THERE, THEN I'M GOING TO DEFER TO THE APPLICANT ON THAT BECAUSE I'M NOT I'M NOT ENTIRELY POSITIVE IF IT WOULD BE ACCESSIBLE TO THE PUBLIC.

YEAH, THAT'S A QUESTION I HAVE. I JUST THINK IT'D BE WEIRD FOR PEOPLE TO GO IN TO A NEIGHBORHOOD TO GO TO, YOU KNOW WHAT I'M SAYING? LIKE, YES, SIR. I HAVE A QUESTION TO ELIZABETH.

WHAT ASSURANCES ARE THERE ANY ASSURANCES BUILT INTO THIS OF THEM MAINTAINING THE ROADS FREE OF POTHOLES AND THINGS OF THAT SORT? AND THE WHOLE REASON THIS IS EVEN COMING UP IS, IS THAT THERE'S BEEN A LOT OF CONCERN THAT HAS BEEN BROUGHT TO ME, WHICH IS SOMETHING THAT'S KIND OF OUT OF OUR REALM WITH THE, THE, THE DRIVEWAYS BETWEEN STAPLES AND THE STEAK HOUSE THAT'S RIGHT THERE WHERE THERE'S POTHOLES ALL THE TIME. YOU GO ON TO THE ROAD THAT HEADS EAST OF THE MALL, AND IT KIND OF GOES BACK INTO THE BACK BY TACO VIA THE BANK AND THINGS OF THAT SORT. AND THEY'RE JUST COMPLETELY RIDDLED WITH POTHOLES ALL THE TIME. AND THOSE ARE NOT CITY ROADS. THAT'S NOT SOMETHING THAT THE CITY TAKES CARE OF. BUT YET WE SEE AN OVERWHELMING AMOUNT OF PEOPLE THAT ARE CONCERNED ABOUT IT AS AS I AM AS WELL. SO WITH THIS BEING SUCH A LARGE DEVELOPMENT AND THEM HAVING PRIVATE ROADS, WHAT ASSURANCES THAT THE RESIDENTS HAVE THAT THEY'RE GOING TO BE MAINTAINING THOSE ROADS IS THAT IN THE CONTRACT? SO I WILL SAY THAT OBVIOUSLY IT IS IN THE INTEREST OF THE PROPERTY OWNER TO MAINTAIN THOSE ROADS, TO MAINTAIN A NICE DEVELOPMENT, JUST AS RUNNING A BUSINESS, IT'S IN THE INTEREST OF THE PROPERTY OWNER. BUT BECAUSE THEY ARE PRIVATE ROADS, THE CITY HAS VERY LITTLE CONTROL OVER THAT. THERE'S NO SPECIFIC CODE REQUIREMENTS THAT REQUIRE THOSE ROADS TO BE MAINTAINED. CURRENTLY IN OUR CODE, WE DO HAVE VERY GOOD CODE ENFORCEMENT OFFICERS THAT REGULARLY WORK WITH PRIVATE PROPERTIES. WHEN WE DO RUN INTO ISSUES WITH POTHOLES AND THOSE SORTS OF THINGS ON PRIVATE PROPERTY, BUT WE VERY MUCH RELY ON THOSE CODE OFFICERS ABILITY TO TALK AND WORK WITH THE PROPERTY OWNER. THERE IS NO SPECIFIC ORDINANCE THAT WOULD REQUIRE FIXING THE POTHOLES, ALTHOUGH WE DON'T HAVE THOSE IN OUR ORDINANCES.

[01:45:04]

THAT WORDING, THEY ARE IN OTHER CITIES. AND WHAT WE DO, AS ELIZABETH ALLUDED TO, IS THE CODES. OFFICERS DO GO OUT THERE NOT ONLY FOR POTHOLE REPAIRS ON THEIR PARKING LOTS, EVEN THOUGH THAT'S NOT IN THE CODE, WE DO ASK THEM TO SEE IF THEY WOULD DO THAT, ESPECIALLY THOSE THAT ARE FRANCHISED. WE'VE ALSO DONE THAT WITH SIGNS THAT HAVE BEEN MISSING FOR YEARS TO REPLACE THEM. AND AGAIN, THAT'S NOT IN THE CODE OF ORDINANCES. SO WHAT WE DO IS WE ASK THEM TO DO IT.

A LOT OF THE BUSINESSES HAVE IF YOU DRIVE ALONG BIG SPRING AND YOU NOTICE A LOT OF THOSE SIGNS HAVE BEEN REPLACED, THAT'S JUST BECAUSE OUR CODES OFFICERS HAVE BEEN VERY CONVINCING AND JUST ASK THEM TO DO IT BECAUSE THEY CAN'T TELL THEM TO DO IT. AND THOSE BUSINESSES HAVE STEPPED UP. I THINK, BECAUSE THEY'RE THE SAME APPLICANT HAS A PROPERTY ACROSS THE STREET, AND THAT HAS BEEN WELL MAINTAINED. I'VE SPOKEN WITH SEVERAL OF THE RESIDENTS WHO LIVE IN THAT AREA.

AND SO I THINK THAT THERE IS A THERE'S A DEMONSTRATED WILLINGNESS TO MAINTAIN THAT PROPERTY. ON THE COMMERCIAL SIDE, I'VE SPOKEN WITH THE REGIONAL MANAGER OF ONE OF THE MOBILE HOME PROVIDERS, AND THEY ARE REALLY EXCITED ABOUT THIS DEVELOPMENT BECAUSE OF THE DEMAND FOR THE PROPERTY ACROSS THE STREET AND JUST NOT HAVING ANY AVAILABILITY. SO IT'S A DEFINITE NEED IN OUR COMMUNITY. AND I, I AGREE WITH THE MAYOR, I THINK THE PROPERTY ACROSS THE STREET HAS BEEN MAINTAINED TO A REALLY HIGH STANDARD. ALL RIGHT. ANY FURTHER DISCUSSION AMONG COUNCIL MEMBERS? THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. WE HAVE NO REQUEST TO SPEAK ON THIS ITEM. AND BUT I WOULD LIKE TO CALL THE DEVELOPER TO COME FORWARD IF YOU HAVE ANY. YEAH. I'D JUST LIKE TO GET THAT ONE QUESTION ADDRESSED, PLEASE. WELCOME, SIR, IF YOU'D GIVE US YOUR NAME FOR THE RECORD, CHASE GARDEPHE 1320 NORTH FAIRGROUNDS ROAD.

APPRECIATE YOU GUYS TAKING THE TIME, AND I UNDERSTAND YOUR CONCERNS AS A BUSINESS OWNER, IT DOESN'T BEHOOVE ME TO LET THE PROPERTY BECOME DILAPIDATED. PEOPLE WILL LOOK ELSEWHERE TO MOVE, AND THEN THE BUSINESS WILL GO UNDER. SO THAT IS ON ME. AND AND WE HAVE DONE IT ACROSS THE STREET AND MADE SURE THAT WE MAINTAIN EVERYTHING TO A HIGH STANDARD. I'M THIRD GENERATION INTO THIS BUSINESS, AND MY GRANDMOTHER CALLS ME ALL THE TIME TO MAKE SURE THAT THE PROPERTY IS CLEAN AND, AND IF I LET IT GO, GO DOWNHILL, I THINK SHE'D GRAB ME BY MY EAR AND MAKE ME DO IT MYSELF. SO THAT'S AN ASSURANCE ON MY SIDE. FROM THE FOOD TRUCK STANDPOINT. WE TALKED ABOUT THIS IN 2019, JUST FROM A COMMUNITY GATHERING AREA STANDPOINT, AND THAT WAS KIND OF WHAT WE FELL ON, I THINK WITH THE ALL THE, THE NEW EVENTS AND THE IMPROVEMENTS THAT THAT IT WOULD BE GREAT. YOU KNOW, WE WOULD PROBABLY LIMIT THE NUMBER OF FOOD TRUCKS ON WEEKENDS. SO YOU DON'T HAVE TONS AND TONS OF PEOPLE COMING INTO THE COMMUNITY, BUT IT WILL BE A DESIGNATED AREA RIGHT THERE FOR THAT. IT ALSO, YOU KNOW, CAN PROVIDE FOOD FOR, YOU KNOW, FOOD TRUCKS FOR THE HIGH SCHOOL DOWN THE STREET. SO, AND THEN I KNOW THERE HAVE BEEN CONCERNS ABOUT LANDSCAPING. I DON'T KNOW HOW WE'RE GOING TO LANDSCAPE THE FRONT. AND I KNOW WE WILL HAVE A SIDEWALK ALONG THE FRONT. WE'LL HAVE SOME SORT OF A SCREENING WALL, PROBABLY SOMETHING SIMILAR TO WHAT WE HAVE ACROSS THE STREET, JUST KIND OF DEPENDS ON, YOU KNOW, IF WE HAVE GOOD WATER IN THE WATER, WELL, WHETHER WE GO XERISCAPING OR GRASS AND, AND TREES. SO IT WILL BE DONE. NICE. THAT'S, THAT'S WHAT WE DO. AND, AND I CAN ASSURE YOU OF THAT.

SO YEAH, AND I, AND I JUST WANT TO MAKE SURE IT'S ADEQUATE PARKING LIKE FOR THAT FOOD TRUCK AREA, BECAUSE WE DO HAVE A LOT OF TOURNAMENTS AND THINGS OF THAT NATURE THAT ARE OVER THERE IN REYES AND FAIRGROUNDS IS A BUSY STREET. SO I'M JUST THINKING ABOUT THE SAFETY OF, YOU KNOW, KIDS RUNNING ACROSS TO GO GET SOME FOOD OR WHATEVER THE CASE MAY BE COMING FROM MIDDLE AND HIGH. YOU KNOW, IF THEY'RE DRIVING DOWN THERE TO JUST BEING SURE THAT IT'S BECAUSE IT'S NOT ANY FOOD AROUND THERE. NO, THERE'S NOTHING. SO IT'S VERY MUCH NEEDED. I JUST WANT TO MAKE SURE THAT THOSE THINGS ARE THOSE SAFETY PRECAUTIONS ARE IN PLACE TO WHERE THEY WON'T HAVE TO PARK ON THE STREET OR FAIRGROUNDS OR YOU KNOW WHAT I'M SAYING? ALL OF THAT TYPE OF STUFF WITHOUT DISRUPTING THE NEIGHBORHOOD ON THE CURB. YEAH, PULLING UP ON THE CURB AND STUFF LIKE, YEAH, I JUST WANT TO MAKE SURE THOSE THINGS ARE, ARE TALKED ABOUT AND. YOU KNOW, SOME SAFETY PRECAUTIONS IMPLEMENTED SO THAT THOSE THINGS DON'T HAPPEN SO THAT WE DON'T HAVE A TRAGEDY. YES. THANK YOU. BUT OTHER THAN THAT,

[01:50:05]

I MEAN, YES, I'M, I'M VERY SUPPORTIVE OF, OF, OF THIS, OF THIS PROJECT. AND IF Y'ALL READY TO MAKE A MOTION OR WHATNOT, I WOULD LIKE TO MAKE A MOTION, BUT I NEED TO MAKE A MOTION WITH A AMENDMENT TO THE AMENDMENT PUT IN OF THE THE SECOND EGRESS. WELL, ARE THERE ANY FURTHER QUESTIONS FOR THE DEVELOPER? AND I HAVE THE DRAWING OF THE SECONDARY EGRESS AND THE COULD WE SHARED ROADWAY? DO WE ALREADY HAVE A COPY OF THAT, OR SHOULD WE GIVE THAT TO TO ELIZABETH. BUT IT WAS THIS MORNING, BUT I, I AND YOU GUYS CAN TAKE THIS ONE. WHY DON'T YOU JUST HAND IT TO MARSHA SO THAT SHE MAKES SURE THAT IT'S NOTATED PROPERLY AS WE DEVELOP THIS? AND THEN IS IT MUCH DIFFERENT THAN THE THE OTHER PLOT PLAT THAT YOU SUBMITTED? NO, IT'S GOING TO BE NO, NO, NO. YEAH. IT'S JUST ON THE NORTH SIDE. IT JUST SHOWS KIND OF WHERE THEY WERE GOING TO DEVELOP THE SCHOOL. OH. SO YEAH, IT'LL JUST FLOW DIRECTLY FROM THAT NORTHERNMOST STREET AND IT'LL BE PAVED. AND WE'LL HAVE A GATE WITH A KNOX LOCK SO THAT FIRE CAN ACCESS AND EVERYTHING. AND YOU'RE GOOD WITH THAT BEING IN PART OF THE LANGUAGE. YES.

YES, ABSOLUTELY. THANK YOU SIR. THANK YOU. ALL RIGHT. WELL, WITH THAT, I WILL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION COUNCIL. I'D LIKE TO MOVE TO APPROVE THE ORDINANCE WITH THE FOLLOWING AMENDMENT THAT A CONDITION BE ADDED REQUIRING THE OPERATOR OF THE ESTABLISHMENT TO ONE DEMONSTRATE TO THE CITY'S PLANNING DIVISION AND CODE ADMINISTRATION DIVISION PRIOR TO COMMENCING OPERATION OF THE ESTABLISHMENT. A THAT A 30 FOOT WIDE PAVED FIRE APPARATUS ACCESS ROAD HAS BEEN CONSTRUCTED FROM NORTH TILDEN STREET TO THE PROPERTY, WHICH SHALL ALIGN WITH STREET D SHOWN ON THE SITE PLAN, AND B THAT THE OPERATOR HAS OBTAINED THE APPROPRIATE TITLE, EASEMENT OR OTHER PROPERTY INTERESTS ALLOWING FOR SUCH FIRE APPARATUS, ACCESS ROAD AND TWO MAINTAIN SUCH FIRE APPARATUS ACCESS ROAD IN ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS OF TITLE SEVEN OF THE CITY CODE.

DO WE HAVE THAT IN THE FORM OF A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN STUBBS? IF THERE IS NO FURTHER DISCUSSION AND YOU HAVE WHAT YOU NEED, MARCIA, THEN LET'S VOTE. THE MOTION TO AMEND CARRIES UNANIMOUSLY. THANK YOU VERY MUCH. WE'LL MOVE FORWARD

[31. 10777 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR THE WEST HALF OF LOT 2 AND ALL OF LOT 3, BLOCK 9, HIGH SCHOOL ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WEST MICHIGAN AVENUE, APPROXIMATELY 90 FEET WEST OF NORTH B STREET), BY PERMITTING A REDUCED MINIMUM SIDE YARD SETBACK ON THE WEST SIDE OF THE PROPERTY; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

TO ITEM 31, PLEASE. AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR THE WEST HALF OF LOT TWO AND ALL OF LOT THREE, BLOCK NINE, HIGH SCHOOL ADDITION CITY AND COUNTY OF MIDLAND, TEXAS, GENERALLY LOCATED ON THE SOUTH SIDE OF WEST MICHIGAN AVENUE, APPROXIMATELY 90FT WEST OF NORTH B STREET. BY PERMITTING A REDUCED MINIMUM SIDE YARD SETBACK ON THE WEST SIDE OF THE PROPERTY, CONTAINING A CLAUSE CONTAINING THE SAVINGS IN 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.

SO THIS ITEM AND THE NEXT ITEM, ITEM 32, ARE RELATED TO ONE ANOTHER. THIS FIRST ONE IS A SPECIAL EXCEPTION FOR 905 WEST MICHIGAN AVENUE TO ALLOW FOR A GARAGE TO ALLOW. WELL, THE ULTIMATE PURPOSE OF THE TWO ITEMS IS TO ALLOW FOR AN EXISTING GARAGE TO BE CONVERTED INTO AN ACCESSORY DWELLING UNIT. THIS FIRST ITEM LEGALIZES THAT GARAGE BY REDUCING MINIMUM SIDE YARD SETBACK FOR THE EXISTING GARAGE, AND THEN THE NEXT ITEM THAT YOU'LL LOOK AT PROVIDES THE SPECIFIC USE DESIGNATION THAT ALLOWS THAT GARAGE TO THEN BE CONVERTED AND USED AS AN ACCESSORY DWELLING UNIT. SO AGAIN, THIS IS SPECIFIC TO ALLOWING FOR THE MINIMUM SIDE YARD SETBACK TO BE REDUCED TO ZERO FEET. THE CODE CURRENTLY REQUIRES FIVE. HERE'S A LOOK AT THE PROPERTY IN THE ZONING. HERE'S THE PROPERTY ITSELF. THERE'S SINGLE FAMILY HOMES IN THE AREA. YOU CAN SEE THE GARAGE IN THE BACK THERE. IT'S IT'S ALREADY BEEN CONSTRUCTED.

SO REALLY THIS IS JUST LEGALIZING THAT SIDE YARD SETBACK AND REDUCING IT TO ZERO FEET. AND ONE OBJECTION WAS RECEIVED, BUT THE CONCERN WAS PRIMARILY ABOUT A FIRE HYDRANT IN THE AREA. SO NOTHING TO DO WITH THE GARAGE OR THE ACCESSORY DWELLING UNIT ITSELF.

AND THERE WAS AN OBJECTION RECEIVED. IT WAS RECEIVED, I BELIEVE, YESTERDAY MORNING. SO WE DIDN'T GET THAT ADJUSTED ON THE THE REPORT HERE. BUT STAFF DOES RECOMMEND APPROVAL SUBJECT TO THESE CONDITIONS, WHICH ARE THE STANDARD CONDITIONS ALLOWING FOR THAT ZERO FOOT SIDE YARD SETBACK. ELIZABETH, CAN YOU ANSWER THIS FOR ME? YES, SIR. I'VE HAD A LOT OF CONSTITUENTS CALL ME ABOUT CONCERNS ABOUT THESE MOTHER IN LAW SUITES. I DON'T HAVE A PROBLEM WITH THIS IN PARTICULAR, BUT THEIR CONCERNS WERE USING THEM AS AIRBNBS OR RENTAL FACILITIES. CAN YOU TELL US WHAT THE EXISTING ORDINANCES OF THE CITY OF MIDLAND SAY ABOUT

[01:55:01]

THAT? YES. SO THE EXISTING ORDINANCE DOES NOT ALLOW FOR THESE ADUS OR MOTHER IN LAW SUITES TO BE RENTED OUT. YOU'LL SEE AN ITEM 32 THAT THE PART OF THE CONDITIONS. ONE OF THOSE CONDITIONS IS THAT IT MAY NOT BE RENTED OUT. ANOTHER CONDITION IS THAT THEY CAN ONLY BE USED BY FAMILY AS DEFINED BY OUR CODE. SO THE INTENT IS NOT TO BE ALLOWED FOR AIRBNB USE.

AND THAT'S VERY CLEAR IN THE ORDINANCE THAT ALLOWS FOR THE PROPERTIES TO BE ACCESSORY DWELLING UNITS. AND IF AN INDIVIDUAL WAS SUSPECTED OF DOING THAT, THEY COULD CALL THE CITY TO ENFORCE THAT TO YES, TO ENFORCE AND INVESTIGATE. IT'S A DIFFICULT THING TO DO. I'LL BE VERY HONEST AND UP FRONT IT IS A DIFFICULT THING TO DO. BUT IF YOU SEE, FOR EXAMPLE, THAT IT'S BEING ADVERTISED FOR RENT OR THOSE KINDS OF THINGS, THOSE ARE ALL THE SORTS OF THINGS THAT WE USE IN OUR INVESTIGATION. CAN YOU ANSWER THE CONCERNS ABOUT THE FIRE HYDRANT? I'M ASSUMING THAT THERE IS ADEQUATE. YES. FIRE HYDRANT ACCESS IN THIS AREA? YES. THERE'S ADEQUATE ACCESS IN THE AREA. AGAIN, FIRE REVIEWS, ALL OF THESE. AND AND THIS IS AN EXISTING GARAGE THAT WILL JUST BE CONVERTED INTO THAT ACCESSORY DWELLING UNIT. SO JUST TO SAY FIRE HAD NO ISSUE WITH THIS. NO, SIR. ONE OTHER QUESTION I HAD WAS THIS GARAGE BUILT LIKE WAY IN THE PAST? WAS IT BUILT WITH THE HOUSE WITH THIS AGAINST THE CODE? I'M NOT ENTIRELY SURE, BUT LIKELY IT WAS BUILT YEARS AGO. MANY OF THEM IN THIS NEIGHBORHOOD WERE.

YEAH. AND WE DON'T WHENEVER WE LOOK AT THESE SPECIAL EXCEPTIONS, WE LOOK AT THE SURROUNDING AREA TO SEE IF THEY'RE SIMILAR VARIANCES FROM THE CODE IN. IN THIS CASE, THERE ARE SIMILAR VARIANCES. SO A LOT OF THESE ARE JUST PREEXISTING THAT WE'RE JUST GOING IN AND CLEANING THEM UP BECAUSE THEY'VE EXISTED FOR QUITE SOME TIME. YES, SIR. YEAH.

THIS IS ONE OF THOSE THINGS THAT I UNDERSTAND WHY WE HAVE TO DO THIS, BUT IT'S FRUSTRATING TO ME TO IMPOSE SOMETHING LIKE THIS ON AN OLDER NEIGHBORHOOD THAT'S EXISTED IN THIS FORM FOR SO LONG. I THINK IT'S AN UNREASONABLE. I, I DO UNDERSTAND FROM A LEGAL PERSPECTIVE THAT IT DOESN'T FIT WITH CODE, BUT IT'S FRUSTRATING TO ME. YES, MA'AM. ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? OKAY. THIS IS A PUBLIC HEARING. I HAVE NO REQUEST TO SPEAK ON THIS ITEM. SO I WILL CLOSE THE PUBLIC HEARING AND LOOK FOR FURTHER DISCUSSION OR ACTION FROM COUNCIL. I HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES

[32. 10778 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR THE WEST HALF OF LOT 2 AND ALL OF LOT 3, BLOCK 9, HIGH SCHOOL ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WEST MICHIGAN AVENUE, APPROXIMATELY 90 FEET WEST OF NORTH B STREET), WHICH IS PRESENTLY ZONED SF-2, SINGLE-FAMILY DWELLING DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR AN ACCESSORY DWELLING UNIT; 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); ORDERING PUBLICATION; AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

UNANIMOUSLY. THANK YOU VERY MUCH. WE'LL MOVE FORWARD TO THE NEXT ITEM. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR THE WEST HALF OF LOT TWO AND ALL OF LOT THREE, BLOCK NINE, HIGH SCHOOL ADDITION CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE SOUTH SIDE OF WEST MICHIGAN AVENUE, APPROXIMATELY 90FT WEST OF NORTH B STREET, WHICH IS PRESENTLY ZONED SF TWO SINGLE FAMILY DWELLING DISTRICT, ALLOWING PROPERTY TO BE USED FOR AN ACCESSORY DWELLING UNIT, MAKING SUCH DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN. CONTAINING CLAUSE CONTAINING THE SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINDING $2,000. ORDERING, PUBLICATION AND ORDERING RECORDATION BY THE CITY SECRETARY. AND SO THIS IS THE RELATED ITEM. THIS IS THE SPECIFIC USE DESIGNATION ALLOWING FOR THAT GARAGE TO BE USED AS AN ACCESSORY DWELLING UNIT. AND JUST FOR CONTEXT, AN ACCESSORY DWELLING UNIT IS AN AREA TO LIVE IN. SO IT TYPICALLY INCLUDES A BATHROOM, A KITCHEN AND A SLEEPING AREA. HERE'S JUST A LOOK AT THE WHERE THE GARAGE IS LOCATED THAT WILL BE CONVERTED. AND I'M JUST GOING TO FLIP AHEAD TO THE CONDITION SO THAT YOU CAN SEE HERE. THEY'RE LIMITED TO WHAT'S PROVIDED IN THE SITE PLAN. ALSO, YOU SEE HERE THE CONDITION THAT THE RESIDENTS MUST BE FOR FAMILY. AND THEN YOU ALSO SEE ANOTHER CONDITION THAT IT CANNOT BE LEASED OR RENTED AS A SEPARATE DWELLING UNIT OR USED FOR ANY COMMERCIAL PURPOSE. AND WITH THAT, I'M HAPPY TO TAKE ANY QUESTIONS. DO WE HAVE ANY QUESTIONS ON THIS ITEM? SEEING NONE, I'LL OPEN THE PUBLIC HEARING. WE HAVE NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING. WE HAVE A MOTION FROM COUNCILMAN LAD, A SECOND FROM COUNCILMAN NORMAN. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE

[33. 10779 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR THE EAST 40 FEET OF LOT 9 AND ALL OF LOT 10, BLOCK 7, NORTH PARK HILL ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF WEST KANSAS AVENUE, APPROXIMATELY 215 FEET EAST OF NORTH F STREET), WHICH IS PRESENTLY ZONED SF-1, SINGLE-FAMILY DWELLING DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR AN ACCESSORY DWELLING UNIT; 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); ORDERING PUBLICATION; AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

MOTION CARRIES UNANIMOUSLY. THANK YOU. 33, PLEASE. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP FOR THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR THE EAST 40FT OF LOT NINE AND ALL OF LOT TEN, BLOCK SEVEN, NORTH PARK HILL ADDITION CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE NORTH SIDE OF WEST KANSAS AVENUE, APPROXIMATELY 215FT EAST OF NORTH F STREET, WHICH IS PRESENTLY ZONED SF ONE SINGLE FAMILY DWELLING DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR AN ACCESSORY DWELLING

[02:00:01]

UNIT, MAKING SAID PROPERTY SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING CLAUSE CONTAINING THE SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000. ORDERING PUBLICATION AND RECORDATION BY THE CITY SECRETARY AND THIS IS THE SECOND OF THREE REQUESTS FOR SPECIFIC USE DESIGNATIONS FOR ACCESSORY DWELLING UNITS. THIS ONE IS LOCATED AT 1204 WEST KANSAS AVENUE IN DISTRICT THREE. HERE'S A LOOK AT THE PROPERTY. THE PROPERTY OWNER IS CLIFFORD MITCHELL. AND AGAIN, THE REQUEST IS TO CONSTRUCT AN ACCESSORY DWELLING UNIT. HERE'S A LOOK AT THE SITE PLAN. AND THE INTENT FROM THE APPLICANT IS JUST TO PROVIDE FAMILY WITH A SPACE TO STAY WHEN VISITING.

THE CONDITIONS CONTAINED HERE ARE A VERY SIMILAR TO THE PREVIOUS CONDITIONS THAT YOU SAW, WHEREIN CANNOT BE RENTED, AND IT MUST BE LIMITED TO FAMILY ONLY. THERE WAS ONE OBJECTION RECEIVED IN THE AREA, AND THERE WAS JUST CONCERNS VOICED ABOUT IT BEING TURNED INTO AN APARTMENT OR DUPLEX. BUT AGAIN, THOSE CONDITIONS SPEAK TO WHAT IT CAN BE USED FOR. AND SO WITH THAT, I'M HAPPY TO TAKE ANY QUESTIONS. ANY QUESTIONS FROM COUNCIL? I'LL OPEN THE PUBLIC HEARING, BUT WE HAVE NO REQUEST TO SPEAK. SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ANY FURTHER DISCUSSION OR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN LACK, A SECOND FROM COUNCILWOMAN POOLE. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. 34, PLEASE. AN ORDINANCE AMENDING

[34. 10780 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 5, ARNETT’S ACRES, CITY AND COUNTY OF MIDLAND, TEXAS, FROM SF-2, SINGLE-FAMILY DWELLING DISTRICT TO 2F, TWO-FAMILY (DUPLEX) DWELLING DISTRICT (GENERALLY LOCATED ON THE EAST SIDE OF NORTH LAMESA ROAD, APPROXIMATELY 350 FEET NORTH OF EAST GOLF COURSE ROAD); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE FIVE ACRES CITY AND COUNTY OF MIDLAND, TEXAS FROM SF. TWO SINGLE FAMILY DWELLING DISTRICT TO TWO F TWO FAMILY DUPLEX DWELLING DISTRICT, GENERALLY LOCATED ON THE EAST SIDE OF NORTH LA MESA ROAD, APPROXIMATELY 350FT NORTH OF EAST GOLF COURSE ROAD. CONTINUING CUMULATIVE CLAUSE CONTAINING A SAVINGS IN SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. SO THIS REQUEST IS FOR A ZONE CHANGE AT 2002 NORTH LAMESA ROAD IN DISTRICT TWO TO GO FROM SF 1 TO 2 F OR DUPLEX ZONING. HERE'S A LOOK AT THE PROPERTY ITSELF AND THE SURROUNDING ZONING. YOU CAN SEE IT'S MOSTLY SF 2 TO 2 F. YOU CAN SEE IT'S MOSTLY SF TWO IN THE AREA. WHAT I WILL SAY ABOUT THE LOT ITSELF IS IT'S AN OLDER AREA OF TOWN. AND SO THE DIMENSIONS OF THIS PROPERTY DON'T ACTUALLY MEET THE SF TWO REQUIREMENTS. IT'S QUITE A BIT SMALLER. HERE'S A LOOK AT THE PROPERTY. IT'S CURRENTLY UNDEVELOPED. AGAIN THE INTENT IS TO BUILD A DUPLEX HERE. IT IS ALSO CURRENTLY GOING THROUGH THE PLANNING PROCESS TO DIVIDE THE PROPERTY INTO TWO, AND WHERE THE ENTRY OF THE DUPLEX WOULD BOTH BE OFF OF LAMESA. THE COMPREHENSIVE PLAN IS COMPATIBLE WITH THIS REQUEST.

AS I SAID BEFORE, A PLAT IS IN PROCESS TO SUBDIVIDE THE PROPERTY. NO OBJECTIONS WERE RECEIVED WHEN THIS WAS SENT OUT TO THE SURROUNDING PROPERTIES WITHIN 200FT. PLANNING AND ZONING RECOMMENDED APPROVAL, AS DOES STAFF AND I'M HAPPY TO TAKE ANY QUESTIONS. ANY QUESTIONS FROM COUNCIL? ALL RIGHT. THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING.

WE HAVE NO REQUEST TO SPEAK, SO I'LL CLOSE THE PUBLIC HEARING. WE HAVE A MOTION FROM COUNCILMAN NORMAN AND A SECOND FROM COUNCILMAN LADD. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM 35, AN ORDINANCE GRANTING A SPECIAL

[35. 10781 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 13, BLOCK 1, SAN JACINTO PLACE EXTENSION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SPARKS STREET, APPROXIMATELY 315 FEET SOUTH OF WEST GOLF COURSE ROAD), 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)]

EXCEPTION FOR LOT 13, BLOCK ONE, SAN JACINTO PLACE EXTENSION CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE EAST SIDE OF SPARK STREET, APPROXIMATELY 315FT SOUTH OF WEST GULF COAST ROAD. BY PERMITTING A REDUCED MINIMUM FRONT YARD SETBACK CONTAINING A CUMULATIVE CLAUSE CONTAINING A SAVINGS IN SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OF $2,000, ORDERING RECORDATION BY THE CITY SECRETARY AND THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION. AND SO THIS REQUEST IS A SPECIAL EXCEPTION TO REDUCE THE FRONT YARD SETBACK TO SEVEN FEET FOR THE PROPERTY AT 1600 SPARKS STREET. AND THE INTENT HERE IS TO BUILD A CARPORT IN FRONT OF THE HOUSE. AND WE HAVE A VERY UNIQUE ORDINANCE WHEREIN IT'S VERY DIFFICULT TO BUILD CARPORTS IN FRONT OF YOUR HOUSE. YOU MUST MEET THE FRONT YARD SETBACKS, WHICH IF YOUR HOUSE ISN'T SET BACK FURTHER THAN THAT, IT'S NEARLY IMPOSSIBLE WITHOUT A SPECIAL EXCEPTION TO BUILD THAT THAT CARPORT IN FRONT OF YOUR HOME. AND SO THIS WOULD ALLOW FOR THAT CARPORT. AGAIN, THE SETBACK FROM THE CARPORT TO THE PROPERTY LINE WOULD BE SEVEN FEET IF APPROVED BY COUNCIL. AND THERE IS CERTAINLY ROOM IN THE FRONT YARD TO ALLOW FOR THE CARPORT. THE APPLICANT HAS INDICATED THAT THEY THE CARPORT WILL BE ATTACHED TO THE HOME AND THAT IT WILL BE WRAPPED SO THAT IT MATCHES THE ESTHETIC OF THE HOME ITSELF. AND SO HERE'S A LOOK AT THE OVERVIEW OF THE PROPERTY. HERE'S A LOOK AT THE HOME. IT'S BEEN RECENTLY REMODELED. ON THE OUTSIDE YOU CAN SEE AGAIN THE INTENT IS TO

[02:05:04]

MATCH THE CARPORT TO THE CURRENT ESTHETIC OF THE HOUSE. AND SO NO OBJECTIONS WERE RECEIVED WHEN THIS WAS SENT OUT. AND STAFF DOES RECOMMEND APPROVAL OF THE REQUEST. ANY QUESTIONS FOR STAFF? SEEING NONE, I'LL OPEN THE PUBLIC HEARING. WE DO HAVE A REQUEST TO SPEAK ON ITEM 35 AT THIS TIME. I'D LIKE TO CALL PAM MONTOYA TO COME AND MAKE PUBLIC COMMENT. WELCOME, MA'AM. I DON'T KNOW IF IT'S GOOD AFTERNOON OR GOOD MORNING.

STILL, I'M PAM MONTOYA. I LIVE AT 1600 SPARKS. I'VE BEEN IN MY HOME FOR ALMOST 30 YEARS. I NOW HAVE TWO VEHICLES. ONE OF THEM IS A BIG A TRUCK AND IT DOES NOT FIT IN THE GARAGE AT ALL.

AND I WAS WANTING A CARPORT, YOU KNOW, BECAUSE OF HAIL AND STUFF LIKE THAT. AND THE PEOPLE THAT ARE GOING TO BUILD IT FOR ME ARE GOING TO MATCH THE SHINGLES AND, YOU KNOW, THE SIDING AND, AND ALL THAT. IT'S GOING TO BE, IT'S GOING TO BE REALLY PRETTY. AND I APPRECIATE YOUR CONSIDERATION. WELL, THANK YOU FOR COMMENTING. WE APPRECIATE IT. AND THANK YOU FOR GOING THROUGH THE PROPER CHANNELS, BECAUSE A LOT OF TIMES WITH THESE CARPORTS, PEOPLE DON'T DO THAT. AND SO WE APPRECIATE YOU. YOU DOING THAT. WELL THANK YOU. MY CONSTRUCTION PERSON SAID, WELL, NOW WE COULD ALWAYS DO IT. BUT IF THEY FIND OUT, YOU'LL HAVE TO TEAR IT DOWN. I SAID, OH NO, THAT'S NOT IT'S BETTER TO DO IT. RIGHT. YEAH. EXCELLENT. WELL THANK YOU VERY MUCH. WE APPRECIATE IT. THANK YOU. WITH THAT, I WILL CLOSE THE PUBLIC HEARING AND LOOK FOR ANY FURTHER. WE HAVE A MOTION FROM COUNCILMAN STUBBS AND A SECOND FROM COUNCILMAN LADD. THERE'S NO FURTHER DISCUSSION. LET'S VOTE. I THINK COUNCIL IS GETTING HUNGRY. THE

[36. 10782 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 49, BLOCK 2, FANNIN TERRACE ADDITION, SECTION 5 REPLAT, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF LINDA COURT, APPROXIMATELY 85 FEET SOUTH OF WEST WADLEY AVENUE), BY PERMITTING (1) A REDUCED MINIMUM REAR YARD SETBACK AND (2) A REDUCED MINIMUM BUILDING SEPARATION DISTANCE BETWEEN AN ACCESSORY BUILDING AND THE PRINCIPAL BUILDING; 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)]

MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM NUMBER 36, PLEASE. AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 49, BLOCK TWO, FANNIN TERRACE. ADDITION, SECTION FIVE, REPLAT CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE WEST SIDE OF LINDA COURT, APPROXIMATELY 85FT SOUTH OF WEST WYLIE AVENUE. BY PERMITTING ONE A REDUCED MINIMUM REAR YARD SETBACK AND TWO A REDUCED MINIMUM BUILDING SEPARATION DISTANCE BETWEEN AN ACCESSORY BUILDING AND A PRINCIPAL BUILDING. CONTAINING A SAVINGS ON 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.

SO THIS IS A SPECIAL EXCEPTION. REQUEST FOR THE PROPERTY AT FOUR LINDA COURT FOR REDUCED MINIMUM REAR YARD SETBACK TO ALLOW FOR THE CONSTRUCTION OF A GARAGE AND STORAGE SLASH SHOP BUILDING. AGAIN, I WILL NOT BELABOR THE POINT. THERE'S CERTAINLY ROOM FOR IT. THE REQUEST, THOUGH, IS JUST TO MINIMIZE THAT SETBACK TO ZERO FEET IN THE REAR AND ALLOW FOR AN EIGHT FOOT SEPARATION BETWEEN THE PRIMARY BUILDING AND THE GARAGE ITSELF.

CURRENTLY, THE CODE REQUIRES A TEN FOOT SEPARATION. HERE'S A LOOK AT THE PROPERTY. NO OBJECTIONS WERE RECEIVED. STAFF DOES RECOMMEND APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS. SO THE THE. I THINK I'M FULLY SUPPORTIVE OF THIS. I JUST WE'VE HAD OCCASIONS BEFORE WHERE WE GIVE THAT ZERO LOT LINE IN THE ALLEY, AND THEN IT CAUSES PROBLEMS FOR TRASH PICKUP TRUCKS AND THINGS LIKE THAT. DO WE HAVE ANY SUCH CONCERNS? WE DO NOT HAVE ANY SUCH CONCERNS. AND WE DO SEND THESE OUT TO BE REVIEWED BY SOLID WASTE AS WELL AS TRAFFIC AND NO CONCERNS. OKAY. ANY QUESTIONS FROM COUNCIL MEMBERS? THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. WE HAVE ONE REGISTERED NOT WISHING TO SPEAK, BUT JUST WISHES TO RECORD HIS SUPPORT. SO WE'LL LET THE RECORD REFLECT THAT AND THEN WE WILL GO FORWARD AND LOOK FOR ACTION FROM COUNCIL. I'LL CLOSE THE PUBLIC HEARING. AND THEN WE HAVE A MOTION FROM COUNCILMAN LAD AND A SECOND FROM COUNCILWOMAN POOL. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU VERY MUCH. ITEM 37, PLEASE. AN

[37. 10783 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR THE SOUTH 80 FEET OF LOT 19 AND ALL OF LOT 20, BLOCK 125, WILSHIRE PARK ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF NORTH EISENHOWER DRIVE AND EDGEWOOD DRIVE), WHICH IS PRESENTLY ZONED SF-2, SINGLE-FAMILY DWELLING DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR AN ACCESSORY DWELLING UNIT; 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); ORDERING PUBLICATION; AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR THE SOUTH 80FT OF LOT 19 AND ALL OF LOT 20, BLOCK 125, WILSHIRE PARK EDITION. CITY AND COUNTY OF MIDLAND, TEXAS. GENERALLY LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF NORTH EISENHOWER DRIVE AND EDGEWOOD DRIVE, WHICH IS PRESENTLY ZONED SF TWO SINGLE FAMILY DWELLING DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR AN ACCESSORY DWELLING UNIT, MAKING SUCH DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN CONTAINING THE CLAUSE CONTAINING AND SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000, ORDERING, PUBLICATION AND ORDERING RECORDATION BY THE CITY SECRETARY. AND SO THIS IS VERY SIMILAR TO THE PREVIOUS TWO SCENE. THIS ONE IS LOCATED IN DISTRICT FOUR AT 201 NORTH EISENHOWER STREET AND IS AN SUD TO ALLOW FOR AN EXISTING BUILDING TO BE UPGRADED TO AN

[02:10:04]

ACCESSORY DWELLING UNIT. THE INTENT HERE IS TO ALLOW FOR A MOTHER IN LAW SUITE TO PROVIDE THE SPACE TO CARE FOR A FAMILY MEMBER IS PERMITTED BY ZONING. THERE. THE. THE BUILDING IS ACTUALLY ALREADY THERE. IT WILL JUST BE EXPANDED TO ALLOW FOR THAT ACCESSORY DWELLING UNIT. I GOT STUCK AGAIN WHEN I MOVED TOO FAST. NO OBJECTIONS WERE RECEIVED. PLANNING AND ZONING DOES RECOMMEND APPROVAL, AS DO WE. SUBJECT TO THE FOLLOWING CONDITIONS WHICH INCLUDE THAT LIMIT ON FAMILY ONLY AND CANNOT BE RENTED FOR COMMERCIAL USE. OKAY. ANY QUESTIONS ON THIS ONE? THIS IS A PUBLIC HEARING. I DO HAVE A REQUEST TO SPEAK, SO I'LL OPEN THE PUBLIC HEARING AND CALL AMY COLEMAN TO COME FORWARD AND MAKE PUBLIC COMMENT. WELCOME. HELLO. GOOD AFTERNOON.

I'M AMY COLEMAN. THIS IS MY RESIDENCE AND I AM HERE JUST IN CASE YOU HAVE ANY QUESTIONS.

EXCELLENT. DOES ANYBODY HAVE ANY QUESTIONS? I DON'T THINK SO. THANK YOU SO MUCH FOR BEING HERE. WE APPRECIATE IT. WITH THAT, I'LL CLOSE THE PUBLIC HEARING AND I'LL LOOK FOR ANY FURTHER DISCUSSION OR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN LADD. WE HAVE A SECOND FROM COUNCILWOMAN BURKS. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE

[38. 063-2026 - MOTION APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND AST & SCIENCE, LLC (DISTRICT: 4) (CITY MANAGER) (STRONG ECONOMY WITH MORE QUALITY JOBS)]

MOTION CARRIES UNANIMOUSLY. THANK YOU. WE'LL MOVE FORWARD TO ITEM NUMBER 38.

MISCELLANEOUS. A MOTION APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND AST AND SCIENCE. I NEED TO RECUSE MYSELF FOR A POSSIBLE CONFLICT OF INTEREST WITH THAT BUSINESS. SO I WILL STEP OUT FOR 38 AND 39. THANK YOU. ALL RIGHT. WELL, WE WOULD LIKE TO RECEIVE A SUMMARY. I KNOW YOU'VE PREPARED A PRESENTATION. AND SO WE WANT TO GIVE YOU THE OPPORTUNITY TO GIVE US SOME EXPLANATION OF THAT. DOES ANYONE ON COUNCIL HAVE ANYTHING IN PARTICULAR? FIRST, WE WOULD LOVE TO HEAR FROM YOU. GOOD AFTERNOON, MAYOR AND COUNCIL, CONSCIOUS OF THE PASSAGE OF TIME. THANKS FOR TAKING THE TIME TO CONSIDER THIS OPPORTUNITY TODAY. SO WHAT IS BEFORE YOU WAS APPROVED BY THE MIDLAND DEVELOPMENT CORPORATION BOARD OF DIRECTORS YESTERDAY? 6 TO 0 WITH ONE RECUSAL. WHAT YOU ARE CONSIDERING THIS MORNING IS A NEW 400 ZERO ZERO ZERO SQUARE FOOT MANUFACTURING FACILITY AT THE SPACEPORT BUSINESS PARK FOR AST TO EXPAND THEIR CURRENT OPERATIONS. THEY ARE HEADQUARTERED AT THE MIDLAND SPACEPORT BUSINESS PARK, AND THIS EFFORT WOULD SUBSTANTIALLY INCREASE THEIR HEADCOUNT AND THEIR TAX BASE HERE. CAN I CAN YOU PUT THE SLIDES BACK, PLEASE? WHILE LANDON IS WORKING ON THE SLIDES, I'LL JUST MOVE ON AND SAY THAT THIS PROJECT HAS SIGNIFICANCE BEYOND THE FACILITY ITSELF. THE ECONOMIC IMPACT ANALYSIS THAT THE MDC GENERATED USING THE PLATFORM ECONOMICS PROJECTS THAT THIS PROJECT WILL BRING ABOUT 1.46 BILLION IN ANNUAL REGIONAL ECONOMIC OUTPUT. ONCE THE PROJECT REACHES COMPLETION AND FULL BUILD OUT. SO THIS ONE PROJECT IN ITSELF HAS THE POTENTIAL TO INCREASE THE GROSS DOMESTIC GROSS DOMESTIC PRODUCT OF THE MIDLAND MSA BY 1.8%. I KNOW WHEN WE HAVE A LOT OF CONVERSATIONS WITH OUTSIDE ENTITIES, THEY POINT TO MIDLAND'S MONOCULTURE ECONOMY. WE LOVE THE OIL AND GAS INDUSTRY. IT WILL BE THE HEART OF MIDLAND'S ECONOMY FOR THE FORESEEABLE FUTURE. HOWEVER, DIVERSIFICATION AND THE DRIVE TO BRING IN PARALLEL, COMPLEMENTARY INDUSTRIES WAS WHY VOTERS ESTABLISHED THE MDC BACK IN 2002. SO THIS PROJECT REPRESENTS THE OPPORTUNITY TO HELP MANIFEST WHAT THOSE VOTERS REQUESTED AND AUTHORIZED MORE THAN 20 YEARS AGO TO GROW AN INDUSTRY THAT IS COMPLETELY SEPARATE AND APART FROM OIL AND GAS, AND IS NOT RELIANT ON THE FLUCTUATIONS OF COMMODITY PRICES. NEXT SLIDE PLEASE. I WOULD LIKE TO PROVIDE YOU WITH SOME HISTORY ON CURRENT AND PREVIOUS AGREEMENTS THAT THE MDC HAS HAD WITH AST. THERE WERE TWO PREVIOUS ECONOMIC DEVELOPMENT AGREEMENTS, ONE OF WHICH WAS APPROVED BACK IN 2018. THAT AGREEMENT REQUIRED THAT AST CREATE 160 JOBS AND BRING IN A LITTLE OVER 14 MILLION IN CAPITAL TAXABLE INVESTMENT TO MIDLAND. THAT INCENTIVE AGREEMENT WAS ASSOCIATED WITH THE FACILITY THAT THE MDC LEASES AND SUBLEASES TO AST AT 2901 ENTERPRISE LANE. SO THE INCENTIVE PACKAGE FOR THAT AGREEMENT INCLUDED LEASE ABATEMENT AND A $100,000 TO CONSTRUCT PART OF THE SECURITY FENCE AROUND THAT FACILITY. THE SECOND ECONOMIC DEVELOPMENT AGREEMENT WAS IN 2025. THAT AGREEMENT CENTERED ON THE FACILITY AT 2908 ENTERPRISE LANE, WHICH IS ALSO IN THE SPACEPORT BUSINESS PARK AND IS OWNED BY THE MDC. THAT AGREEMENT REQUIRED AST TO CREATE 50 JOBS AND INVEST AT LEAST 3 MILLION IN TAXABLE CAPITAL OR PERSONAL PROPERTY AT

[02:15:06]

THAT FACILITY. THE INCENTIVE PACKAGE THAT GOES ALONG WITH THAT AGREEMENT INCLUDES LEASE ABATEMENT FOR THE FACILITY, FOR BOTH OF THOSE FACILITY, BOTH OF THOSE AGREEMENTS, AST CERTIFIES QUARTERLY THEIR CONTINUED PERFORMANCE AND MEETING THE METRICS OF THE AGREEMENTS THEY PAY MDC LEASE MONTHLY. AND AFTER THOSE QUARTERLY CERTIFICATIONS HAVE BEEN RECEIVED, MDC DOES REIMBURSE THE LEASE IF THE CERTIFICATIONS ARE IN ORDER. SOMETHING I WANT TO MAKE VERY CLEAR IS THAT THE 2026 AGREEMENT THAT YOU'RE CONSIDERING DOES NOT ALLOW FOR ANY OF THOSE PREVIOUS JOB CREATIONS OR CAPITAL INVESTMENT TO COUNT TOWARD THE REQUIREMENTS OF THIS AGREEMENT. THE AGREEMENTS ARE SEPARATE, AND MEETING THE REQUIREMENTS OF ONE DOES NOT GO TO SATISFY THE OTHER. NEXT SLIDE PLEASE. SO THE STRUCTURE OF THE 2026 AGREEMENT DOES INCLUDE UP TO A $66 MILLION TOTAL INCENTIVE PACKAGE OVER 30 YEARS. IT IS IMPORTANT TO NOTE THAT $16 MILLION OF THAT IS GROUND LEASE ABATEMENT THAT WILL FLOW BACK TO THE CITY OF MIDLAND AND DEPARTMENT OF AIRPORTS. 50 MILLION OF. THAT IS A CAPITAL INCENTIVE THAT AST WILL BECOME ELIGIBLE FOR ON A YEARLY BASIS AS THEY MEET AND MAINTAIN THEIR REQUIREMENTS. SO FOR THE FIRST PERIOD OF YEARS, THAT INCENTIVE IS CAPPED AT 3 MILLION, AND THEN IT GOES UP TO A $3.3 MILLION CAP. AT NO TIME WOULD THE MDC BE OBLIGATED TO MORE THAN ONE PAYMENT PER FISCAL YEAR. AND AGAIN, THESE INCENTIVES ARE NOT DISBURSED AUTOMATICALLY. THEY'RE DISBURSED AFTER THEY'RE EARNED. THERE ARE NO PROPERTY TAX OR SALES TAX ABATEMENTS OR REBATES INCLUDED. WITH THIS AGREEMENT. ALL MIDLAND TAXING ENTITIES WILL RECEIVE FULL VALUE OF THE INVESTMENT AND THE PROJECT IMMEDIATELY AS SOON AS IT ENTERS THE TAX ROLLS. NEXT SLIDE PLEASE. THESE ARE AGAIN PART OF THE REQUIREMENTS OF THE AGREEMENT INCLUDES 144 MILLION IN ANNUAL PAYROLL AT FULL BUILD OUT, AND 1800 DIRECT JOBS AT FULL BUILD OUT, 150 MILLION IN TAXABLE CAPITAL INVESTMENT AT FULL BUILD OUT. IF AST MEETS ALL OF THE REQUIREMENTS THAT ARE INCLUDED IN THIS AGREEMENT, IT WOULD BE ONE OF, IF NOT THE LARGEST PRIVATE EMPLOYER IN MIDLAND. NEXT SLIDE PLEASE. GOING BACK TO THE FACT THAT THESE INCENTIVES ARE NOT DISPERSED, THEY'RE NOT GIVEN. THEY ARE EARNED. THERE ARE MULTIPLE LEVELS OF CERTIFICATION OF ACCOUNTABILITY AND OF CLAWBACKS. IF AT ANY TIME AST FAILS TO MEET OR MAINTAIN ITS JOB CREATION AND CAPITAL INVESTMENT METRICS THAT ARE INCLUDED IN THE AGREEMENT, THE AGREEMENT MAY BE TERMINATED. AND THERE ARE ALSO CLAWBACK MECHANISMS THAT ALLOW A RETRIEVAL OF A PORTION OF THE PREVIOUS INCENTIVES. GRANTED, THERE IS ALSO A 60% FLOOR FOR PERFORMANCE. IF AST DOES NOT MEET THAT 60% FLOOR, THERE IS NO PROPORTIONATE INCENTIVE PROVIDED AND THAT IS CONSIDERED A TIME OF FAILURE FOR FOR MEETING THE INCENTIVE REQUIREMENTS. NEXT SLIDE. AGAIN REITERATING THAT THE INCENTIVES ARE EARNED ONLY BY MEETING COMMITMENTS. THIS IS A VERY LONG TERM AGREEMENT, AND IT WAS DELIBERATELY STRUCTURED THAT WAY. SO THAT AST HAS TO CONTINUE TO MEET AND MAINTAIN THE REQUIREMENTS OF JOB CREATION AND CAPITAL INVESTMENT. IF THERE IS ANY DEVIATION FROM THAT, IS THERE IF THERE IS A BUSINESS PLAN CHANGE, IF THERE'S A CHANGE IN THE MARKET, THEN AGAIN, INCENTIVES WOULD CEASE, THE AGREEMENT COULD BE TERMINATED AND TAXPAYER FUNDS COULD BE CLAWED BACK AND PROTECTED. IT IS NOT A LUMP SUM DISBURSEMENT UPFRONT. IT IS A LONG TERM COMMITMENT THAT GOES ALONG WITH PERFORMANCE. NEXT SLIDE PLEASE. BEFORE WE GO ON FROM THERE, I WANT TO HIGHLIGHT THE AST. IF AST PERMANENTLY CEASES OPERATIONS, CAN YOU JUST SPECIFY THAT PORTION PLEASE? YES. THERE IS LANGUAGE IN THE AGREEMENT THAT PERTAINS TO CESSATION OF OPERATIONS IN MIDLAND. IF THAT HAPPENS WITHIN THE FIRST TWO YEARS OF THE AGREEMENT BEING EXECUTED, 100% OF THE INCENTIVES GIVEN ARE CLAWED BACK. AND THEN THERE IS A PROPORTIONATE STEP DOWN OVER THE NEXT EIGHT YEARS APPLIES APPLYING TO CESSATION OF OPERATIONS. SO THERE ARE SPECIFIC LANGUAGE THAT WOULD APPLY NOT ONLY IN THE CASE OF BUSINESS FAILURE, BUT ALSO BUYOUTS. IF AST WERE BOUGHT OUT BY ANOTHER COMPANY AND THEY CHOSE NOT TO CONTINUE OPERATIONS IN MIDLAND, THAT LANGUAGE, THOSE OBLIGATIONS AND THAT CLAWBACK WOULD BE APPLICABLE. BUT WE WOULD RETAIN THE FACILITY BECAUSE IT'S ON CITY PROPERTY. YES, MA'AM. THE CITY WILL THE OWNERSHIP OF THE FACILITY WOULD REVERT TO THE CITY. OKAY. I'LL TRY TO NOT INTERRUPT YOU. THIS IS THE MDC'S FINANCIAL POSITION. THE FIRST THING TO NOTE IS THAT THIS IS AN EXTREMELY CONSERVATIVE REVENUE PROJECTION.

OVER THE PAST FIVE YEARS, MDC'S REVENUE HAS BEEN JUST UNDER 15.5 MILLION PER YEAR. THIS

[02:20:06]

PROJECTION GOING FROM FISCAL YEAR 2028 ONWARD, PROJECTS 14 MILLION A YEAR, WHICH IS SIGNIFICANTLY LOWER THAN THE PREVIOUS FIVE YEAR AVERAGE. AND THEN THIS CASH FLOW COMBINES AN AGGREGATE OF ALL OF MDC'S CURRENT COMMITMENTS, AS WELL AS THE PROPOSED COMMITMENTS IN THE INCENTIVE PACKAGE FOR AST SHOWING. MDC MAINTAINS POSITIVE CASH FLOW AT THE END OF EVERY FISCAL YEAR TO COVER NOT ONLY CURRENT COMMITMENTS, BUT ANY FUTURE OPPORTUNITIES THAT MAY COME FORWARD. THE MDC'S 30% INFRASTRUCTURE COMMITMENT IS BAKED INTO THIS, SO THAT IS ALREADY THERE. EVEN THOUGH THOSE INDIVIDUAL COMMITMENTS HAVEN'T YET BEEN DETERMINED BY THE BOARD AND COUNCIL. NEXT SLIDE PLEASE. GOING BACK TO THE LONG TERM ROI FOR MIDLAND, THIS AGAIN, HAS THE POTENTIAL TO BE A TRANSFORMATIVE OPPORTUNITY FOR THE LOCAL ECONOMY.

CENTERING HIGH TECH, HIGH PAYING JOBS IN MIDLAND THAT ARE IN A PARALLEL INDUSTRY TO OIL AND GAS. SO AGAIN, THE GROUND LEASE STRUCTURE RETURNS REVENUE TO THE AIRPORT SYSTEM IN THE CITY. AND PROJECTIONS SHOW USING A MULTIPLIER DERIVED FROM THE BUREAU OF LABOR STATISTICS REM SYSTEM, THAT EACH JOB CREATED WITH THIS PROJECT WILL CREATE 2.2 ADDITIONAL JOBS THROUGH RIPPLE EFFECTS AND INDIRECT AND INDUCED IMPACT. SO THIS IS A VERY SIGNIFICANT PROJECT. NO DOUBT IT IS SIGNIFICANT FOR THE MDC, BUT IT IS ALSO, AGAIN, A TRANSFORMATIONAL OPPORTUNITY FOR MIDLAND TO HELP ANCHOR A NEW INDUSTRY HERE. THAT'S MY SLIDES. HAPPY TO ANSWER ANY QUESTIONS THAT COUNCIL MAY HAVE. OKAY. ANY OPEN THE FLOOR FOR COUNCIL. SARAH, THANK YOU VERY MUCH FOR THE PRESENTATION. AND I THINK WE ALL KNOW THAT THIS HAS BEEN A VERY LONG, TUMULTUOUS PROCESS OF GETTING THIS AGREEMENT AND TO THE POSITION OF WHERE IT'S AT. SO I DID WANT TO BECAUSE THERE'S BEEN A LOT OF CONVERSATION IN THE COMMUNITY ABOUT THIS. AND I KNOW I'VE HAD SEVERAL PEOPLE THAT HAVE CALLED ME AND ASKED AND TO GIVE MY OPINIONS ON SOME CERTAIN THINGS. AND SO I WROTE SOMETHING OUT THAT I THINK KIND OF SUMS UP A LOT OF THIS AGREEMENT. AND JUST THE EDC IN GENERAL, BUT THERE ARE PEOPLE THAT VIEW THE EDC AS AN UNFAIR ECONOMIC ADVANTAGE FOR SOME BUSINESSES OVER OTHERS THAT HAVE BEEN ESTABLISHED FOR MANY YEARS AND HAVE OPERATED WITH NO ASSISTANCE, ASSISTANCE. AND I FUNDAMENTALLY FEEL THE SAME WAY. BUT HERE'S THE REALITY THAT WE'RE IN. WHEN THE STATE PASSED THE DEVELOPMENT CORPORATION ACT IN 1979 TO SPUR ECONOMIC GROWTH, WE ENTERED INTO AN AGE THAT CREATED AN INCENTIVE TO BUILD AND TO INVEST. THE BALANCE IS ENSURING THAT WE FOCUS THOSE EDC DOLLARS ON BUSINESSES THAT DIVERSIFY OUR INDUSTRY, ADD JOBS AND FOCUS ON DEVELOPING INFRASTRUCTURE FOR GROWTH WHILE ADHERING TO THE GUIDELINES OF THE EDC ACT. WE ARE IN A COMPETITIVE BATTLE WITH THE REST OF THE STATE AND THE COUNTRY. NOW WE COME TO THE DEAL AT HAND. WHEN THIS AGREEMENT WAS PRESENTED TO ME PERSONALLY, I WAS CONCERNED ABOUT SOME OF THE DEAL POINTS AND THE LACK OF CERTAIN PROTECTIONS THAT I FELT WERE NECESSARY TO PROTECT THE TAXPAYERS OF MIDLAND. MUCH WORK AND MANY HOURS HAVE BEEN INVESTED TO ADDRESS A LOT OF THESE CONCERNS. AND IN THE WORLD OF NEGOTIATION, YOU DON'T ALWAYS GET EVERYTHING YOU WANT, BUT YOU WORK TO ACHIEVE THE VICTORIES THAT YOU CAN. AND I THINK WE HAVE SUBSTANTIAL VICTORIES THAT WE ENDED UP ACHIEVING. I AM HAPPY TO SAY THAT THIS CONTRACT NOW HAS PROTECTIONS THAT DID NOT EXIST PREVIOUSLY. THE TWO BIGGEST, AS YOU EXPLAINED, WERE BEING THE CESSATION OF OPERATION CLAUSE THAT PROVIDES A PATHWAY TO RECOVER MDC MONEY IN THE CASE THAT IT NO LONGER OPERATES IN MIDLAND AND A HIGHER LEVEL OF EXPECTATION ON THE JOB CREATION IN WHICH WE CREATED A FLOOR FOR A MINIMUM AMOUNT OF JOBS REQUIRED FOR AST TO BE ABLE TO RECEIVE THE JOB CREATION INCENTIVE. THE MORE PROTECTIONS THAT WE CAN PROVIDE TAXPAYERS, THE BETTER. THIS DEAL DOES HAVE TREMENDOUS UPSIDE. THE DEVELOPMENT OF A HUGE MANUFACTURING FACILITY, WHICH IS A HUGE ASSET, A MULTITUDE OF NEW GOOD PAYING JOBS, NEW TAX DOLLARS COMING INTO MIDLAND AND THE DIVERSIFICATION OF OUR ECONOMY THAT WE NEED. ONE OF THE THINGS YOU AND I TALKED ABOUT WAS THIS EVEN INCREASING OUR ABILITY TO POTENTIALLY GET A BETTER CREDIT RATING, BECAUSE WE'VE DIVERSIFIED OUR ECONOMY, NOT SO RELIANT UPON OIL AND GAS. AST WILL BECOME ONE OF THE LARGEST EMPLOYERS IN THE PERMIAN BASIN. WITH THAT ALSO COMES THE EXPECTATIONS THAT THEY WILL INTEGRATE INTO OUR COMMUNITY AND BECOME A STRONG COMMUNITY PARTNER. I PERSONALLY HAVE REQUESTED FOR AST TO DEDICATE A MINIMUM DOLLAR AMOUNT BACK INTO OUR COMMUNITY, BECAUSE COMMUNITY ENGAGEMENT BUILDS COMMUNITY STRENGTH. THAT'S SOMETHING THAT WE'RE STILL TALKING ABOUT. WE'RE STILL WORKING OUT. I'LL BE EXCITED TO SEE WHAT THAT NUMBER ENDS UP BEING IN THE FUTURE.

BUT ULTIMATELY, THIS IS CREATING A WHOLE NEW LEVEL OF DIVERSIFICATION THAT WE REALLY HAVEN'T SEEN BEFORE IN THE PAST, AND REALLY ISSUING IN THE POSSIBILITY OF WHAT THE SPACE INDUSTRY COULD BRING TO MIDLAND. AND SO I JUST WANTED TO, TO BRING UP THOSE POINTS AND APPRECIATE THE WORK THAT'S BEEN DONE ON THIS CONTRACT. THANK YOU, SIR. THANK YOU VERY MUCH.

[02:25:05]

ANY OTHER COMMENTS OR STATEMENTS FROM COUNCIL MEMBERS? ALL RIGHT. WE DO HAVE A THIS A FEW REQUESTS TO SPEAK. AND SO I'LL GO AHEAD AND INVITE HECTOR COVARRUBIAS TO COME FORWARD AND MAKE PUBLIC COMMENT AT THIS TIME. WELCOME, SIR. MAYOR COUNCIL, MY NAME IS HECTOR COVARRUBIAS. I'M A CITIZEN OF MIDLAND, TEXAS. TAXPAYER AND I HAVE ONLY FOUR THINGS TO THANK YOU, JOHN, FOR PUTTING. PUTTING IT ALL OUT THERE. AND HE IS CORRECT. THE TAXPAYERS OF MIDLAND, TEXAS, ARE VERY CONCERNED ABOUT HOW WE WILL INVEST AND SPEND OUR MONEY IN CORPORATE COMPANIES AND AND OTHER ENTITIES THAT COME IN. I BELIEVE IN INNOVATION, SCIENCE AND SPACE. BUT AT THIS POINT, 66 MILLION TO 144 MILLION WITH LONG TERM RETURN, I DON'T THINK IT'S A GOOD IDEA FOR REASONS. FOR FINGERS, WE HAVE AN INFLATION. ANYBODY HERE AND BEHIND ME KNOW WHAT IS GOING ON RIGHT NOW. INFLATION IS KILLING US. NUMBER TWO, CURRENCY DEVALUATION. NUMBER THREE, CREDIT CARD CRISIS. AND NUMBER FOUR, OVERVALUED STOCKS. THESE ARE INVESTMENTS THAT WE ALL IF YOU ARE IN INVESTING IN REAL ESTATE COINS OR ANYTHING, YOU WANT A GOOD. IN A SHORT RETURN, SILVER. GOLD GIVES YOU A GOOD INVESTMENT. REAL ESTATE GIVES YOU A GOOD INVESTMENT SPACE. WE'RE TRYING TO GET THERE. I STILL YET AND I'M LOOKING FORWARD IN THE FUTURE TO BUILD MY HOUSE IN SPACE. I'M A BUILDER, BUT I AT THIS POINT KNOW THERE'S NO ASSURANCE. AND FOR THAT, I VOTE FOR DENYING THIS AGREEMENT AND CALL FOR COUNCIL FOR TWO THIRDS. AND HOPEFULLY WE WILL GET IT. THANK YOU. THANK YOU VERY MUCH. AT THIS TIME, I'D LIKE TO CALL HENRY READ TO COME FORWARD TO MAKE PUBLIC COMMENT IF YOU'D LIKE. THESE ARE REPRESENTATIVES. IF YOU HAVE NO COMMENTS, THEN YOU DON'T CERTAINLY HAVE NO OBLIGATION. I HAVE THREE REPRESENTATIVES OF THE APPLICANT HERE. IF ANY OF YOU WOULD LIKE TO COME FORWARD AND SPEAK, YOU MAY. THANK YOU FOR BEING HERE. IF YOU WOULD GIVE US YOUR NAME FOR THE RECORD, PLEASE. HI. HI. THANK YOU, MAYOR AND CITY COUNCIL MEMBERS FOR THE OPPORTUNITY TO SPEAK TODAY. MY NAME IS CAROLINA CASTRO AND I'M PART OF A SC SPACE MOBILE MARKETING TEAM. YEAH. THANK YOU, SARAH AS WELL FOR THAT PRESENTATION. OVERALL, A SC SPACE MOBILE IS REALLY PROUD TO BE PART OF THE MIDLAND COMMUNITY, AND WE'RE VERY COMMITTED TO SUPPORTING THE GROWTH OF THE REGION AND THE EMERGING SPACE AND TECHNOLOGY ECOSYSTEM. IT'S ALL VERY INTEGRATED AND WE'VE JUST BEEN VERY PLUGGED INTO INTO THE COMMUNITY THIS PAST YEAR IN MANY DIFFERENT WAYS. MOST RECENTLY, WE GOT TO PARTNER WITH MDC AND THE SPACE FORCE ASSOCIATION THAT VISITED MIDLAND TO PUT TOGETHER A MIDLAND ECONOMY WORKSHOP, AND THAT THIS WORKSHOP WE WE COVERED DIFFERENT TOPICS, MAINLY ADDRESSING THE DIFFERENT GROWTH OPPORTUNITIES HERE IN THE PERMIAN BASIN. THIS EVENT WAS HOSTED AT UTPB, JUST BRINGING TOGETHER COMMUNITY LEADERS, VARIOUS STAKEHOLDERS AND ACADEMICS AND FOLKS ACROSS THE ECOSYSTEM TO. LAURIE, YOU WERE THERE AS WELL, MAYOR LORI, AND IT WAS JUST A REALLY GREAT OPPORTUNITY TO, TO JUST START HAVING MORE OF THESE CONVERSATIONS ABOUT THE VARIOUS DIFFERENT WAYS TO HAVE AN IMPACT HERE IN THE PERMIAN BASIN. WE ALSO SPONSORED AND PARTICIPATED IN THE INTERNATIONAL ROCKET ENGINEERING COMPETITION. THIS WAS HOSTED BY THE EXPERIMENTAL SOUNDING ROCKET ASSOCIATION.

IT'S THE WORLD'S LARGEST ROCKET ENGINEERING COMPETITION. AND 12TH YEAR IT'S GOING ON ITS 12TH YEAR IN A ROW, SECOND YEAR IN MIDLAND. AND THIS WAS THE FIRST YEAR THAT AST ALSO SPONSORED AND PARTICIPATED. IT WAS ALSO THE FIRST YEAR THAT UTPB HAD ROCKET CLUB THAT GOT TO PARTICIPATE IN THIS. AND SO AGAIN, VERY MUCH BRINGING THE LOCAL INTO THE GLOBAL AND THE GLOBAL INTO THE LOCAL AS WELL. AND OVERALL, AS OUR COMPANY GROWS, WE'RE ALSO BRINGING MORE VISIBILITY TO MIDLAND. AND SO WE'RE DOING THIS IN MANY DIFFERENT WAYS, REALLY PUTTING MIDLAND ON THE TELECOMS INDUSTRY ROADMAP. AND WE'RE DOING THIS BY BRINGING VARIOUS KEY STAKEHOLDERS FROM AT&T, VERIZON, AS WELL AS ACROSS EUROPE, VODAFONE AND AFRICAN MOBILE NETWORK PROVIDERS. AND SO VERY MUCH LEANING INTO THIS AND JUST BRINGING THEM HERE TO SEE FIRSTHAND THE WORK BEING DONE AT AST. AND SO JUST BEYOND SHOWCASING OUR TECHNOLOGY,

[02:30:03]

WE'RE ALSO DURING THESE VISITS TO MIDLAND, WE'RE SHOWING THEM OVERALL THE TALENT AND INNOVATION AND THE CAPABILITIES THAT EXIST HERE ACROSS MIDLAND, ACROSS THE DIFFERENT INDUSTRIES AND STAKEHOLDERS, REALLY, AGAIN, INTEGRATING THE ECOSYSTEM WITH SPACE AND TECHNOLOGY AND INNOVATION. AND SO, YEAH, JUST LOOKING AHEAD, WE'RE JUST VERY EXCITED TO BE SUPPORTING THE GROWTH OF THE ECOSYSTEM HERE, PLUGGING INTO THE COMMUNITY WITH VARIOUS DIFFERENT OPPORTUNITIES. WE ALSO HAVE A LOT OF COMMUNITY IMPACT INITIATIVES THAT WE DO, SUCH AS CONTRIBUTING TO LOCAL FOOD DRIVES, COAT DRIVES, BACK TO SCHOOL DRIVES AS WELL, AND WE'RE LOOKING FORWARD TO BEING PART OF THE MARY LIGHTED CHRISTMAS PARADE THIS YEAR. SO WE HOPE TO SEE YOU ALL THERE AS WELL. WE'LL HAVE A FLOAT. AND YEAH, JUST APPRECIATE THE PARTNERSHIP AND THE SUPPORT OF THE CITY OF MIDLAND, THE MIDLAND DEVELOPMENT CORPORATION AS WELL, AND WE LOOK FORWARD TO CONTINUING TO BE A POSITIVE CONTRIBUTOR TO THE ECOSYSTEM.

THANK YOU. THANK YOU VERY MUCH FOR YOUR COMMENTS. I ALSO WANT TO SAY THANK YOU TO YOUR TEAM AND TO YOUR LEADERSHIP WITH THE PREVIOUS TWO AGREEMENTS THAT THE CITY OF MIDLAND HAS HAD WITH AST 2018 AND 2025, YOUR COMPANY HAS OUTPERFORMED WHAT WAS REQUIRED IN EACH OF THOSE AGREEMENTS. AND SO WE WANT TO SAY THANK YOU FOR THAT. AND WE APPRECIATE THE PARTNERSHIP THAT WE'VE HAD AND HOPE TO SEE THAT CONTINUE. SO THANK YOU FOR YOUR REMARKS. THANK YOU. ALL RIGHT.

WE HAVE NO FURTHER REQUESTS TO SPEAK AT THIS TIME, AND SO I WILL CLOSE THE PUBLIC HEARING PORTION AND ALLOW MORE OPPORTUNITY FOR COUNCIL MEMBERS TO MAKE REMARKS OR ASK ANY QUESTIONS OF STAFF. YEAH, I'D LIKE TO MAKE SOME REMARKS. SO I HEARD WHAT MR. WAS SAYING. I UNDERSTAND THE ECONOMY IS NOT GREAT RIGHT NOW AND THINGS ARE SCARY. BUT I WILL SAY THIS. YOU BROUGHT UP THE 66 MILLION IN INCENTIVES. THAT'S OVER 30 YEARS. SO WHAT I'M SAYING IS, IS THAT IF THAT GOT PAID OUT, THAT WOULD MEAN THIS PROJECT WAS A MASSIVE SUCCESS. BECAUSE WHAT THEY HAVE TO DO IS PROVIDE 1800 HIGH SKILLED JOBS TO GET THIS MONEY. THEY HAVE TO HAVE 140 MILLION IN ANNUAL PAYROLL. THIS IS EVERY YEAR. IF THEY FAIL TO DO IT, WE CLAW IT BACK.

THEY LOSE THEIR INCENTIVES. IT'S A $1 BILLION IN REGIONAL IMPACT. AND IT'S A BUSINESS THAT'S HEADQUARTERED HERE IN MIDLAND. THEY'RE OUT OF MIDLAND, TEXAS, AND THEY'RE PROVIDING TELECOM INDUSTRIES TO THE WHOLE WORLD. THEY'VE LAUNCHED SATELLITES OUT OF ISRAEL THE OTHER DAY DOING WHAT WE WHAT WE ARE HOPING THEY'LL DO HERE AND IS DOING ALREADY. AND YES, AND IF ELON MUSK WERE TO BUY THIS COMPANY, THEN HE WOULD BE REQUIRED TO FOLLOW THESE. THE SAME INCENTIVE STRUCTURE THAT AST IS AS WELL. THAT'S IN THE AGREEMENT. SO IN ADDITION TO THAT, IT'S GOING TO PROVIDE TAXABLE INCOME FOR THE SCHOOLS BECAUSE THEY'RE NOT GIVING ANY INCENTIVES. IT'S GOING TO BE TAXABLE INCOME FOR THE COUNTY, FOR THE HOSPITAL, FOR THE COLLEGE, AND FOR US, BECAUSE WE'RE NOT GIVING A TAX ABATEMENT. EXACTLY. SO IF WE PAY THAT 66 MILLION OUT, IT MEANS IT WAS A MASSIVE SUCCESS. AND THAT'S THAT'S WHERE I'M AT, WHY I'M IN FULL SUPPORT OF THIS. AND I WANT TO THANK SARAH FOR ALL OF HER HARD WORK AST FOR ALL THEIR HARD WORK. AND I REALLY APPRECIATE ALL THE EFFORT THAT WENT INTO THIS, BECAUSE IT'S BEEN YEARS IN THE MAKING AND AST HAS PERFORMED AMAZINGLY ON THEIR OTHER AGREEMENTS WITH US, AND WE'RE EXCITED THAT THEY'RE HERE. JACK, I WANT TO ADD ONE THING TO WHAT YOU JUST SAID TOO. SO IN THAT CESSATION OF OPERATION CLAUSE, EVEN IF WE WERE TALKING ABOUT ELON MUSK, EVEN IF ELON MUSK DID PURCHASE AND DECIDED HE WANTED TO MOVE OUT OF MIDLAND, WE NOW RETAIN $100 MILLION BUILDING AS AN ASSET THAT CAN BE REPURPOSED, THAT CAN BE SOLD, AND THEN WE WOULD BE ABLE TO CLAW BACK A CERTAIN AMOUNT OF THOSE INCENTIVES AS WELL.

THAT'S ALREADY BEEN PAID OUT TO HELP FUND THE OPERATIONS OF THAT BUILDING, OR PAY TAXES OR UPKEEP AND MAINTENANCE OR WHATEVER, UNTIL WE DECIDED TO DO WHATEVER WE WERE GOING TO DO.

SO THOSE PROTECTIONS HAVE BEEN ADDED IN THERE. EVEN IN THOSE PARTICULAR SITUATIONS WHERE WE DO SEE A BUYOUT, WE THE CITY OF MIDLAND STILL ENDS UP ON TOP WITH THAT IN IN REGARDS TO THE BUILDING, ANY OTHER REMARKS FROM COUNCIL MEMBERS? I PREPARED JUST A FEW STATEMENTS, AND I THINK THAT, HONESTLY, A LOT OF THEM HAVE BEEN COVERED, BUT I'M JUST GOING TO GO THROUGH THESE REALLY QUICK. I THINK BEFORE THIS VOTE, I JUST WANTED TO BE CLEAR ON SOMETHING FOR MYSELF, AND THAT IS THAT I HAVE NEVER BELIEVED THAT ANY, ANY COUNCIL MEMBER OR COUNCIL.

IT'S NOT OUR JOB TO RUBBER STAMP WHAT COMES BEFORE US FROM THE MDC. AND I THINK MY RECORD HAS PROVEN AS SUCH, EVERY DEAL DESERVES TOUGH QUESTIONS, AND EVERY DEAL SHOULD HAVE TO PROVE ITSELF ON ITS OWN MERITS. AND I BELIEVE THIS ONE DOES BY LEAPS AND BOUNDS. THE QUESTION BEFORE US IS NOT WHETHER THIS IS A PERFECT COMPANY, OR WHETHER THERE IS ZERO RISK IN ECONOMIC DEVELOPMENT. THERE IS NO SUCH THING. THE QUESTION IS WHETHER WE HAVE NEGOTIATED A RESPONSIBLE AGREEMENT THAT PROTECTS TAXPAYERS AND CREATES A MEANINGFUL OPPORTUNITY FOR

[02:35:02]

THE PEOPLE OF MIDLAND. AND AGAIN, I BELIEVE WE'VE DONE THAT. WE'RE NOT BUYING STOCK.

WE'RE NOT BECOMING AN EQUITY PARTNER. WE'RE NOT PUTTING TAXPAYER DOLLARS AT THE MERCY OF WALL STREET. WE ARE NOT BETTING ON A STOCK PRICE. WE ARE EVALUATING WHETHER THIS AGREEMENT PRODUCES MEASURABLE ECONOMIC RETURNS FOR MIDLAND. AND IT DOES. AND JUST LIKE EVERYONE UP HERE HAS DISCUSSED, IT'S GOING TO BRING ABOUT A 400 SQUARE FOOT, 400,000 SQUARE FOOT MANUFACTURING FACILITY, AT LEAST $100 MILLION IN PRIVATE INVESTMENT AND 1600 JOBS. JUST AS IMPORTANT, IT COMES WITH SIGNIFICANT PROTECTION FOR TAXPAYERS. THIS IS NOT A FRONT LOADED GIVEAWAY, MUCH LIKE MR. LAD DESCRIBED, THIS IS OVER 30 YEARS. THE INCENTIVES ARE EARNED AND THEY ARE NOT SIMPLY GIVEN OUT. THE AGREEMENT INCLUDES MEANINGFUL ACCOUNTABILITY, CLAWBACK, CLAWBACK PROVISIONS AND SUBSTANTIAL ENFORCEMENT MECHANISMS. $16 MILLION ULTIMATELY RETURNS TO THE CITY THROUGH GROUND LEASE REIMBURSEMENT. THERE ARE NO PROPERTY TAX ABATEMENTS, MEANING EVERY TAXING ENTITY RECEIVES THE FULL TAXABLE VALUE OF THIS INVESTMENT FROM DAY ONE. AND EVEN IN THE UNLIKELY EVENT THE COMPANY FAILED, MIDLAND WOULD OWN A FACILITY VALUED AT APPROXIMATELY $100 MILLION, ADDED OUR AIR AND SPACE PORT. I'VE HEARD COMMERCIAL SPACE IS STILL AN EMERGING INDUSTRY, AND WHILE THOSE CONCERNS DESERVE CONSIDERATION, UNCERTAINTY AND IRRESPONSIBILITY ARE NOT THE SAME THING. EVERY TRANSFORMATIVE INDUSTRY HAS STARTED WITH UNCERTAINTY. TAKE, FOR EXAMPLE, THE OIL AND GAS INDUSTRY THAT WE ARE ALL WELL ACQUAINTED WITH. AVIATION WAS ONCE AN EMERGING INDUSTRY. INNOVATION, BY DEFINITION, REQUIRES COMMUNITIES WILLING TO RECOGNIZE OPPORTUNITY WHILE MANAGING RISK RESPONSIBLY. AND I BELIEVE WE'VE DONE JUST THAT.

25 YEARS AGO, THE MIDLAND VOTERS CREATED THE MIDLAND DEVELOPMENT CORPORATION TO PURSUE PROJECTS THAT WOULD DIVERSIFY OUR ECONOMY AND STRENGTHEN OUR FUTURE. NOW, WHETHER OR NOT WE THINK AS A COMMUNITY, THE MDC SHOULD EXIST. BUT THE REALITY THAT WE LIVE IN IS THAT IT DOES. AND OUR JOB AS COUNCIL MEMBERS IS TO LOOK AT THESE DEALS AND MAKE SURE THAT THEY FIT WITHIN THE PARAMETERS OF WHY THE MDC WAS CREATED. AND I BELIEVE THAT'S A RESOUNDING YES WITH THIS PROJECT. SO I WILL DEFINITELY BE VOTING IN FAVOR. THANK YOU VERY MUCH FOR YOUR REMARKS. I DO WANT TO JUST ADD SOME CONCLUDING REMARKS OF MY OWN, AND PRIMARILY TO SAY WE ARE. WE ARE FIDUCIARIES OF MIDLAND MONEY, AS THE MDC BOARD IS ALSO FIDUCIARY OF THE DOLLARS THAT THEY MANAGE. AND SO WE HAVE AN OBLIGATION TO IDENTIFY WHAT THE RISKS ARE.

AND AS COUNCILWOMAN POOLE AND OTHERS HAVE MENTIONED, WE HAVE TO NEGOTIATE SUCH THAT WE HAVE MITIGATED THOSE RISKS AND WE'VE PLANNED AHEAD FOR THEM. AND SO WITH ALL OF THIS BEING AN EARNED BASIS, THAT THERE IS NO DOLLARS EXPENDED UNTIL THEY HAVE PROVEN THAT THEY'VE ACCOMPLISHED THE TASKS AT EACH OF THE BENCHMARKS, WE BELIEVE THAT WE'VE MITIGATED THOSE RISKS. WE BELIEVE THAT THE MDC HAS NEGOTIATED SOMETHING THAT WE CAN SUPPORT OR THAT I CAN SUPPORT, AND I'M PROUD TO MOVE FORWARD WITH THAT, KNOWING THAT WE HAVE NEGOTIATED A DEAL THAT WORKS FOR THE MIDLAND TAXPAYERS AND MIDLAND RESIDENTS, BUT ALSO WITH THE HOPE THAT THIS GOES FORWARD AND EXCEEDS ALL OF OUR EXPECTATIONS. AND I THINK THAT IT VERY WELL HAS EVERY OPPORTUNITY TO DO THAT. AND SO I LOOK FORWARD TO VOTING IN SUPPORT OF THIS AND IN CONTINUING THE RELATIONSHIP THAT MIDLAND HAS HAD WITH EAST LONG TERM. SO DID YOU HAVE SOMETHING YOU'D LIKE TO SHARE AS WELL? YES, I DO, SO I JUST WANTED TO THANK BRAD BULLOCK FOR ALL HIS WORK ON THIS, AS WELL AS THE MDC BOARD AND MDC STAFF. I. I HAD SERIOUS CONCERNS AND I AM GRATEFUL FOR THE EXTRA TIME THAT WAS GIVEN TO MAKE THE CONTRACT EVEN STRONGER. THANK YOU TO COUNCIL MEMBER BURKHOLDER FOR THE MANY HOURS YOU SPENT TO MAKE THIS BETTER. IN THE LAST TWO WEEKS, THE CLAWBACKS WERE ADDED. THE STATION OF OPERATION CLAUSE WAS ADDED AND THAT IS WHY I NOW CAN SUPPORT THIS. SO THANK YOU VERY MUCH. THANK YOU VERY MUCH. OKAY.

YEAH. I'D LIKE TO SAY JUST ONE THING. I'M IN FULL SUPPORT OF THIS PROJECT. ONE THING THAT I WOULD ENCOURAGE BECAUSE I KNOW I CAN'T MAKE ANYONE DO ANYTHING, BUT I WOULD ENCOURAGE A S T TO GET OUT INTO THE SCHOOLS AND GET WITH THE YOUTH IN OUR COMMUNITY, BECAUSE I THINK THIS IS SO IMPORTANT, ESPECIALLY FOR THE FUTURE, NOT ONLY FOR MIDLAND, BUT, YOU KNOW, THE THE CITY, THE COUNTRY, THE WORLD AS A WHOLE. SO I JUST WANT TO ENCOURAGE YOU GUYS TO DO THAT AND BE OUT THERE IN THE COMMUNITY, BE IN THE SCHOOLS AND, YOU KNOW, SHOW THEM SOMETHING DIFFERENT BECAUSE WE GROW UP KNOWING OIL AND GAS, YOU KNOW, AND, AND ALL OF THOSE THINGS. BUT I THINK THAT DIVERSIFICATION IS VERY, VERY MUCH NEEDED AND VERY IMPORTANT, ESPECIALLY FOR THE YOUTH OF OUR COMMUNITY. WELL SAID. EXCELLENT. THANK YOU VERY MUCH. ALL RIGHT.

[02:40:01]

WELL, WITH THAT, I WILL LOOK FOR ANY ACTION. WE HAVE A MOTION FROM COUNCILMAN LAD. I HAVE A SECOND FROM COUNCILWOMAN POOLE. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE ON ITEM 38. THE MOTION CARRIES 6 TO 0. THANK YOU VERY MUCH. WE'LL MOVE FORWARD TO ITEM NUMBER 39,

[39. 2026-101 - RESOLUTION AUTHORIZING THE EXECUTION OF A GROUND LEASE AGREEMENT WITH AST & SCIENCE, LLC REGARDING CERTAIN REAL PROPERTY DESCRIBED AS A 23.107-ACRE TRACT OUT OF SECTION 8, BLOCK 40, T-2-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS (DISTRICT: 4) (AIRPORTS) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]