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City of Midland City Council met Jan. 27

Dan Corralesn, City Council Member - At-Large | Photo: City of Midland Website
By Angelica Saylo Pilo

City of Midland City Council met Jan. 27.

Here are the minutes provided by the council:

The City Council convened in regular session in the Council Chamber, City Hall, Midland, Texas, at 10:00 AM, January 27, 2026.

Council Members present: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

Council Members absent:

Staff members present: City Manager Tommy Gonzalez, City Attorney Nicholas Toulet Crump, City Governance Officer/City Secretary Marcia Bentley German, Deputy City Manager Morris Williams Jr., Deputy City Manager Jose Ortiz

OPENING ITEMS

Mayor Blong called the City Council meeting to order at 10:01 a.m.

1. Invocation – Pastor Edward Mayberry, Community Worship Center

2. Pledge of Allegiance

PROCLAMATIONS AND RECOGNITIONS

3. Presentation of special events, organizations, individuals, or periods of time including, but not limited to:

There were no presentations of special events.

Prior to the consent agenda, Mayor Blong spoke on the Chamber rules of conduct that were adopted in 2019 regarding disruptive behavior during City Council meetings. The “rules are supported by Texas Government Code and Penal Code provisions that authorize the presiding office to maintain order and ensure the body can conduct it’s business without disruption.” Disruptive behavior during City Council meetings will not be tolerated. Please visit https://midlandtexas.gov/1498/Council-Meeting-Decorum for more information.

CONSENT AGENDA

John Burkholder moved to Approve Consent Agenda items 4-14, excluding items 9, 10, 11 & 13; seconded by John Norman.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: Poole

4. MOTION APPROVING THE FOLLOWING MINUTES:

4.a SPECIAL SESSION OF JANUARY 12, 2026

4.b REGULAR SESSION OF JANUARY 13, 2026.

5. 2026-009 – RESOLUTION APPROVING THE PURCHASE OF A CATERPILLAR 930 WHEEL LOADER FROM WARREN POWER & MACHINERY INC. DBA WARREN CAT THROUGH SOURCEWELL FOR A TOTAL COST OF $248,535.00 FOR THE GARAGE DIVISION; AND AUTHORIZING PAYMENT (DISTRICT: NONE) (GENERAL SERVICES) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)

6. 2026-010 – RESOLUTION APPROVING THE PURCHASE OF THREE (3) TRACTOR TRUCKS, A 13-SPEED TRACTOR, A 4K GALLON WATER TANK TRUCK, AND A CEMENT MIXER TRUCK FROM BRUCKNER’S TRUCK SALES, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR A TOTAL COST OF $1,311,574.12; AND AUTHORIZING PAYMENT (DISTRICT: NONE) (GENERAL SERVICES) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)

7. 2026-011 – RESOLUTION AUTHORIZING THE PURCHASE OF AMMUNITION OF ASSORTED TYPES AND IN ASSORTED QUANTITIES FOR THE MIDLAND POLICE DEPARTMENT FROM KIESLER POLICE SUPPLY, INC. AT A TOTAL COST OF $228,763.00; AUTHORIZING PAYMENT; AND REJECTING ALL BIDS RECEIVED FOR THE PURCHASE OF 308 WINCHESTER 155 GRAIN ELD MATCH TAP PRECISION AMMUNITION (DISTRICT: NONE) (GENERAL SERVICES) (SET THE STANDARD FOR A SAFE AND SECURE CITY)

8. 2026-012 – RESOLUTION RATIFYING AND APPROVING EMERGENCY WATER MAIN REPAIR AND REPLACEMENT SERVICES BY BOLER EQUIPMENT SERVICE, INC. FOR A TOTAL COST OF $458,813.00; APPROPRIATING AND TRANSFERRING FUNDS; AND AUTHORIZING PAYMENT FOR SAID REPAIRS (DISTRICT: 2) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)

9. 2026-013 – RESOLUTION AUTHORIZING THE EXECUTION OF A SOLE-SOURCE, 24-MONTH SUBSCRIPTION CONTRACT WITH FLOCK GROUP, INC. FOR A LICENSE PLATE RECOGNITION CAMERA SYSTEM AND ASSOCIATED SOFTWARE AT AN ANNUAL COST OF $225,500.00; AND AUTHORIZING PAYMENT (DISTRICT: NONE) (GENERAL SERVICES) (SET THE STANDARD FOR A SAFE AND SECURE CITY)

Item pulled by staff. No action taken by Council.

10. 005-2026 – MOTION AUTHORIZING THE EXECUTION OF AMENDMENT NO. 14 TO THE PROFESSIONAL SERVICES AGREEMENT DATED MARCH 23, 2021, BETWEEN THE CITY OF MIDLAND, TEXAS AND PARKHILL, SMITH & COOPER, INC. DBA PARKHILL; SAID AMENDMENT PROVIDING THE FOLLOWING APPROPRIATIONS FROM THE AIRPORT OPERATING FUND UNAPPROPRIATED FUND BALANCE: (1) $763,076.00 TO THE DESIGN PHASE OF THE REHABILITATE AIR CARRIER TAXIWAYS ASPHALT PAVEMENT PROJECT AT MIDLAND INTERNATIONAL AIR & SPACEPORT; (2) $170,755.00 TO THE SPACEPORT BUSINESS PARK ENVIRONMENTAL PROJECT (900111); AND (3) $100,000.00 TO THE MAF PASSENGER FACILITY CHARGE APPLICATIONS AND AMENDMENTS AT MIDLAND INTERNATIONAL AIR & SPACEPORT (DISTRICT: 4) (AIRPORTS) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)

Aviation Director Justine Ruff gave a brief overview of the item noting, this is a Capital Improvement Project (CIP) for the Federal Aviation Administration (FAA). The last few years there has been discretionary money available at the end of the year. If there is a project that is ready to go, these funds may be used for it. It is a 90/10 program meaning, the airport will be reimbursed at ninety percent. The ten percent will come out of the user fees from the airport fund. There is no tax payer money involved.

Stan Smith, 4903 Granite Lane, spoke in opposition of this item due to Parkhill Smith & Cooper and MISD being involved.

John Burkholder moved to Approve; seconded by John Norman.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

11. 2026-014 – RESOLUTION APPROVING THE ISSUANCE OF PERMITS TO FIREBIRD ENERGY II, LLC TO DRILL THREE OIL AND GAS WELLS LOCATED IN SECTION 6, BLOCK X, H.P. HILLIARD SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED 635 FEET SOUTH OF MOCKINGBIRD LANE AND BETWEEN 1,470 FEET AND 1,510 FEET EAST OF HOLIDAY HILL ROAD); AND PROVIDING THAT SAID PERMITS DO NOT REQUIRE A NEW ROAD REPAIR AGREEMENT BUT SHALL BE CONSOLIDATED UNDER AN EXISTING ROAD REPAIR AGREEMENT (DISTRICT: 1) (DEVELOPMENT SERVICES – OIL AND GAS) (SET THE STANDARD FOR A SAFE AND SECURE CITY)

Mayor Pro Tem Amy Stretcher Burkes reported Mayor Blong does not have a legal conflict with this item but she has chosen to recuse herself from the discussion and vote.

John Burkholder moved to Approve; seconded by Robin Poole.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Brian Stubbs, Jack Ladd

NAY: John Norman

ABSTAIN: None

ABSENT: Lori Blong

12. 006-2026 – MOTION AUTHORIZING THE EXECUTION OF A PARK AMENITY NAMING RIGHTS AGREEMENT WITH WARREN POWER & MACHINERY INC., SAID AGREEMENT PROVIDING FOR WARREN POWER & MACHINERY INC.’S FINANCIAL CONTRIBUTION TO THE BEAL PARK RENOVATION PROJECT AND RECEIPT OF NAMING RIGHTS TO CERTAIN IMPROVEMENTS TO BE CONSTRUCTED AT BEAL PARK; AND APPROPRIATING $50,000.00 TO THE BEAL PARK RENOVATION PROJECT (DISTRICT: 4) (PARKS & RECREATION) (QUALITY OF LIFE AND PLACE)

13. 007-2026 – MOTION AUTHORIZING THE EXECUTION OF A RENTAL AGREEMENT WITH THE TALL CITY BLACK GOLD MINOR LEAGUE FOOTBALL CLUB FOR THE USE OF ASTOUND BROADBAND STADIUM AND THE AUXILIARY FIELDS AT THE SCHARBAUER SPORTS COMPLEX (DISTRICT: 4) (PARKS & RECREATION) (QUALITY OF LIFE AND PLACE)

Council Member John Burkholder reported that Council Member John Norman is abstaining from this item.

Parks & Recreation Director Laurie Williams gave a brief overview of the item noting this contract is a standard rental agreement with an amendment to cover the number of games. There are no special exceptions with this agreement.

John Burkholder moved to Approve; seconded by Robin Poole.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd

NAY: None

ABSTAIN: John Norman

ABSENT: None

14. 008-2026 – MOTION AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE (26-495-006) BETWEEN THE CITY OF MIDLAND AND ANDEAVOR LOGISTICS RIO PIPELINE LLC, REGARDING CITY-OWNED PROPERTY DESCRIBED AS SECTIONS 7,12,13,19,20, AND 27, BLOCK C-23, P.S.L. SURVEY, WINKLER COUNTY, TEXAS AND SECTION 5, BLOCK C-24, P.S.L. SURVEY, LOVING COUNTY, TEXAS (DISTRICT: NONE) (UTILITIES) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT)

SECOND READINGS

15. 10708 – AN ORDINANCE AMENDING TITLE XI, “PLANNING AND DEVELOPMENT”, CHAPTER 13, “MUNICIPAL DRAINAGE UTILITY” OF THE CITY CODE OF MIDLAND, TEXAS, SO AS (1) TO REVISE THE EXEMPTIONS TO THE DRAINAGE CHARGE AND (2) TO REVISE THE DRAINAGE CHARGE; PROVIDING FOR CRIMINAL ENFORCEMENT AND A MAXIMUM PENALTY OR FINE OF FIVE HUNDRED DOLLARS ($500.00); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE OF FEBRUARY 1, 2026; AND ORDERING PUBLICATION (FIRST READING HELD JANUARY 13, 2026) (DISTRICT: ALL) (ENGINEERING SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)

Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10708.

Engineering Services Director Gabriel McClelland gave a brief presentation noting the history of this item. Mr. McClelland reported that the funding needed for the next ten years is about $135 million and $200 million over a twenty-year period. Mr. McClelland reported on the proposed drainage fee changes, proposed rates and the desperate need to make improvements to roads and storm drainage infrastructure.

City Manager Tommy Gonzalez reported on the needs and that neglect is catching up to the city.

Deputy City Manager Jose Ortiz also reported on the importance of making these improvements.

Council Member John Burkholder inquired about how we are making sure the funds are disbursed properly.

Deputy City Manager Jose Ortiz reported on how each project is reviewed to ensure that the funds are being used appropriately.

Chief Financial Officer Christy Weakland reported the accounting is set up so that the drainage fee has it’s own fund and the revenues are collected and used specifically for that purpose.

Council and staff discussion ensued.

Council Member Robin Poole clarified that these funds will only be used for curb and gutter and the mechanisms of the street that actually act as drainage features, not just basic features like asphalting.

Deputy City Manager Jose Ortiz reported that a portion of the roadway may be eligible for drainage fees but they will look closely to make sure the City is in compliance.

Hector Covarrubiaz, 1906 Pueblo, spoke in opposition of how to get the funds, not necessarily against the item itself. Mr. Covarrubiaz reported we should not collect these funds from taxpayers.

Stanley Smith, 4903 Granite Lane, spoke in opposition of this item as it will add a hardship to the taxpayers.

Mayor Blong pulled up the proposed drainage fee changes and reviewed them, reporting these are the real dollars and that the smallest monthly residential tier goes from $1.20 to $2.94 and the highest monthly residential tier increase goes from $3.40 to $8.33.

City Manager Tommy Gonzalez clarified the actual amount regarding the infrastructure related to the schools is a total of $28.5 million. Based on the code of ordinances, the school was only required to put in $4 million. The City was able to negotiate it up to $9.4 million to put towards the project which took it to $18.5 million. From that, $1.5 million was used out of the water fund and $3 million came from the general fund, which were the permit fees, ultimately taking it down to $13.5 million to be paid for with fees over the next three years.

Adela Marmolejo, 1112 E. Hamby Avenue, spoke in opposition of this item and feels the citizens are being overtaxed.

Mayor Pro Tem Amy Stretcher Burkes reminded everyone that this item will come back to Council in 12 months and that every attempt will be made to reduce the fee. It was clarified that the timeframe is 12 to 18 months for this item to come back to Council.

Council Member Robin Poole reported she will be consistent and vote no on this item due to the MISD agreement.

John Norman moved to Approve; seconded by Jack Ladd.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: Robin Poole

ABSTAIN: None

ABSENT: None

16. 10712 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 3, BLOCK 45, FAIRMONT PARK ADDITION, SECTION 13, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WEST LOOP 250 NORTH, APPROXIMATELY 450 FEET SOUTH OF HENRY KOONTZ BOULEVARD), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A MOVIE THEATER FOR ON-PREMISES CONSUMPTION; MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (FIRST READING HELD JANUARY 13, 2026) (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)

Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10712.

John Burkholder moved to Approve; seconded by Brian Stubbs.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

17. 10713 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 4A, BLOCK 2, WESTRIDGE PARK ADDITION, SECTION 34, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF NORTH LOOP 250 WEST, APPROXIMATELY 720 FEET SOUTH OF ANDREWS HIGHWAY), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A HOTEL FOR ON-PREMISES CONSUMPTION; MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (FIRST READING HELD JANUARY 13, 2026) (DISTRICT: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)

Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10713. John Burkholder moved to Approve; seconded by Amy Stretcher Burkes.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

18. 10714 – AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 4, BLOCK 23, CRESTGATE ADDITION, SECTION 18, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF TIMBER COURT, APPROXIMATELY 240 FEET NORTH OF OAKRIDGE DRIVE), BY PERMITTING (1) A REDUCED MINIMUM REAR YARD SETBACK AND (2) A REDUCED MINIMUM SIDE YARD SETBACK ON THE NORTHWEST SIDE OF SAID LOT; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (FIRST READING HELD JANUARY 13, 2026) (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)

Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10714. Brian Stubbs moved to Approve; seconded by John Burkholder.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

PUBLIC HEARINGS

The City Council will hold public hearings on the following items:

19. 009-2026 – REVIEW ORDINANCE NO. 10633, WHICH GRANTED A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 13, BLOCK 61, ORIGINAL TOWN ADDITION, SECTION 25, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST WALL STREET AND SOUTH CARRIZO STREET) ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A BAR FOR ON PREMISES CONSUMPTION. THE CITY COUNCIL MAY TAKE ACTION TO DIRECT CITY STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE SPECIFIC USE DESIGNATION WITH TERM OR TO REPEAL ORDINANCE NO. 10633 (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)

Planning Manager Landon Ochoa gave a brief presentation of the item noting, this is the Council requested six-month review for a Specific Use Designation (SUD) for the sale of alcohol.

Council Member John Burkholder inquired about the number of incident report calls that were directly related to the bar. Mr. Ochoa reported he does not have that information.

Mayor Blong inquired about the process and how it may be different from other bars. Mr. Ochoa reported this is just the review. Most SUD’s don’t have a review.

Mayor Blong opened the public hearing at 10:54 a.m.

Carly Smith, 1401 Ainslee Street, spoke in opposition of this item as it is written. Ms. Smith feels like they should not have had to go through all of the things they went through.

There being no one else wishing to speak, the public hearing was closed at 10:57 a.m.

Council Member Brian Stubbs reported he would like to amend this item to match neighbor bars to make sure everyone is on the same page.

City Attorney Nicholas Toulet-Crump explained that the Council may motion to direct staff to start the SUD process over again and remove the restrictions that are in the current SUD. They will still be operating under the current terms until the new SUD is approved by Council after two readings.

Mayor Blong would like staff to waive fees that may be associated with reissuing the SUD.

Brian Stubbs moved to Approve by directing staff to restart the SUD process and waive fees that may be associated with reissuing the SUD; seconded by John Norman.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

20. 010-2026 – REVIEW ORDINANCE NO. 10635, WHICH GRANTED A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 1, BLOCK 1, CAMELOT ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF ELKINS ROAD, APPROXIMATELY 3,320 FEET NORTH OF EVANS LANE) ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A SPECIAL EVENTS CENTER FOR ON-PREMISES CONSUMPTION. THE CITY COUNCIL MAY TAKE ACTION TO DIRECT CITY STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE SPECIFIC USE DESIGNATION WITH TERM OR TO REPEAL ORDINANCE NO. 10635 (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)

Planning Manager Landon Ochoa gave a brief overview of the item noting, this is for the Council requested six-month review of the SUD for the sale of alcohol. Mr. Ochoa also reported that the applicant has provided records on decibel levels. However, the decibel levels information is actually for the next item on this agenda for the Temporary Land Use (TLU) item.

Mayor Blong opened the public hearing at 11:07 a.m.

Steve Jeter, 4009 E. County Road 63, owner of the venue at Live Oak, spoke in favor of this item. Mr. Jeter reported on the history of this item and provided an update for the past six months.

There being no one else wishing to speak, the public hearing was closed at 11:11 a.m.

City Attorney Nicholas Toulet-Crump explained that if Council does nothing, it will allow the SUD to proceed under it’s normal conditions, or the Council may direct staff to go back and start the SUD process over, including any conditions the Council may see fit.

NO ACTION TAKEN BY COUNCIL.

21. 011-2026 – REVIEW RESOLUTION NO. 2025-095, WHICH AUTHORIZED THE TEMPORARY USE OF LAND FOR OUTDOOR MUSIC ON LOT 1, BLOCK 1, CAMELOT ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF ELKINS ROAD, APPROXIMATELY 635 FEET NORTH OF EAST COUNTY ROAD 72) SUBJECT TO CERTAIN SPECIAL CONDITIONS AND RESTRICTIONS. THE CITY COUNCIL MAY TAKE ACTION TO DIRECT CITY STAFF TO BEGIN THE PROCESS TO AMEND THE CONDITIONS AND RESTRICTIONS OF THE RESOLUTION OR TO REVOKE THE TEMPORARY USE PERMITTED BY THE RESOLUTION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)

Planning Manager Landon Ochoa gave a brief overview of the item noting this is for the temporary use of land for outdoor music regarding the decibel limit.

City Manager Tommy Gonzalez reported the City doesn’t have codes regarding decibel levels but that Code Enforcement will visit with the parties involved to try and get voluntary compliance.

Council and staff discussion ensued on the pros and cons of enforcement.

Mayor Blong would like a review of best practices to help the Code Department and the Police Department when these types of issues arise.

Mayor Blong opened the public hearing at 11:21 a.m. There being no one present wishing to speak, the public hearing was immediately closed.

Mayor Blong called Mr. Jeter back up to the microphone. Mr. Jeter reported he will continue to monitor the decibel levels.

John Norman moved to Approve the Temporary Land Use permit without the restrictions of the decibel levels; seconded by Jack Ladd.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

22. 10715 – AN ORDINANCE VACATING AND ABANDONING A 0.10-ACRE GENERAL UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN LOT 1A, BLOCK 31A, HOMESTEAD ADDITION, SECTION 6, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED BETWEEN WEST KANSAS AVENUE AND WEST LOUISIANA AVENUE, APPROXIMATELY 140 FEET EAST OF NORTH PECOS STREET) ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS; SAID EASEMENT HAVING BEEN PREVIOUSLY RETAINED BY ORDINANCE NO. 8970, WHICH VACATED AND ABANDONED THE COTERMINOUS ALLEY RIGHT OF-WAY; AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)

Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10715.

Planning Manager Landon Ochoa gave a brief overview of the item noting this is for a vacation of a utility easement for the development of the new Prosperity Bank downtown.

Mayor Blong opened the public hearing at 11:26 a.m. There being no one present wishing to speak, the public hearing was immediately closed.

John Burkholder moved to Approve; seconded by Brian Stubbs.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

MISCELLANEOUS

23. CONSIDER ONE OR MORE MOTIONS MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (DISTRICT: ALL) (CITY SECRETARY) (TRANSPARENT & CONSISTENT COMMUNICATION)

The following board appointments were made, some via ballot nominations:

For the Airport Planning & Development Board:

Hank Hudson had five votes Council Members John Burkholder, Mayor Pro Tem Amy Stretcher Burkes, Robin Poole, Mayor Blong and Council Member John Norman.

Stephanie Griffin had two votes by Council Member Brian Stubbs and Council Member Jack Ladd.

Robin Poole moved to appoint Hank Hudson to the Airport Planning & Development Board; seconded by John Burkholder.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

For the Oil & Gas Advisory Committee:

Alka Kumar had a unanimous vote by all seven Council Members to replace Ross Klobon. Abdul Kreem Al Obied had no votes.

Amy Stretcher Burkes moved to appoint Alka Kumar to the Oil & Gas Advisory Committee; seconded by John Norman.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

For the Parks & Recreation Commission:

Jack Ladd moved to reappoint Rachel Overman, Sarah Judge, Lynn Rogers and Amber Voithorer to the Parks & Recreation Commission; seconded by Brian Stubbs.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

Also for the Parks & Recreation Commission:

Joy Paulson had five votes by Council Members John Burkholder, Amy Stretcher Burkes, Robin Poole, Jack Ladd and John Norman.

Samuel Gonzalez had two votes by Mayor Blong and Council Member Brian Stubbs.

John Burkholder moved to appoint Joy Paulson to the Parks & Recreation Commission to replace Marion Bryant for an unexpired term; seconded by John Norman.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

For the Planning & Zoning Commission:

John Burkholder moved to appoint Joshua Garza to the Planning & Zoning Commission from alternate board member to regular board member to replace Abraham Bejil who was recently appointed to the Midland Development Corporation; seconded by John Norman

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

Also for the Planning & Zoning Commission:

John Burkholder moved to appoint Breanna LaFoy as an alternate board member to the Planning & Zoning Commission to replace Joshua Garza; seconded by John Norman

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

For the Zoning Board of Adjustment & Airport Zoning Board of Adjustment: Jack Ladd moved to reappoint Rachel Walker & Elizabeth Moore to the Zoning Board of Adjustment & Airport Zoning Board of Adjustment; seconded by Amy Stretcher Burkes

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

Also for the Zoning Board of Adjustment & Airport Zoning Board of Adjustment: John Burkholder moved to appoint Melissa Mosier as an alternate board member to the Zoning Board of Adjustment & Airport Zoning Board of Adjustment; seconded by John Norman.

The motion Passed by the following vote:

AYE: John Burkholder, Amy Stretcher Burkes, Robin Poole, Lori Blong, Brian Stubbs, Jack Ladd, John Norman

NAY: None

ABSTAIN: None

ABSENT: None

PUBLIC COMMENT

24. Receive public comments where individuals may address the City Council on City related issues and projects not on the present agenda. Any deliberation of or decision by the City Council regarding the item being discussed shall be limited to a motion to place the item on the agenda for a subsequent meeting. (Please limit comments to three minutes or less.)

Eliel Rosa, 3603 Humble Avenue, is asking for the Council’s support to celebrate 250 years of the history of America. Mr. Rosa would also like to see a reunion of the past decade of Midland 101 graduates.

EXECUTIVE SESSION

Mayor Blong recessed the City Council meeting to go into Executive Session at 11:50 a.m.

25. Pursuant to Texas Government Code § 551.101, the City Council will hold an Executive Session, which is closed to the public, to discuss the following matters as permitted under the following sections of the Texas Government Code:

25.aSection 551.071, Consultation with Attorney

Discuss matters in which the duty of the attorney(s) to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code.

Discuss pending or contemplated litigation.

25.bSection 551.072, Deliberation Regarding Real Property

Discuss the purchase, exchange, lease, or value of real property.

25.c Section 551.074, Personnel Matters

Deliberate the employment, evaluation, and duties of the City Manager, City Attorney, City Secretary, Municipal Court Presiding Judge, and Municipal Court Associate Judge.

25.d Section 551.087, Deliberation Regarding Economic Development Negotiations

Discuss business prospects that the City seeks to have locate, stay, or expand in or near the City of Midland, Texas, and discuss possible incentives.

All the business at hand having been completed, the meeting adjourned at 1:15 p.m.

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