City of Midland City Council met May 10.
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 a.m.
Council Members present: Dan Corrales, Robin Poole, Lori Blong, Patrick Payton, Scott Dufford, Jack Ladd, John Norman
Council Members absent: None
Staff members present: City Manager Robert Patrick, City Attorney John Ohnemiller, Deputy City Manager Morris Williams Jr, Assistant City Manager Tina Jauz
The meeting was called to order at 10:02 a.m.
OPENING ITEMS
1. Invocation – Pastor Obed Borrero, Mid-Cities Community Church
2. Pledge of Allegiance
PRESENTATIONS
3. Presentation of special events, organizations, individuals, or periods of time including, but not limited to:
3a. Presentation of a Proclamation for Nurses Week
3b. Presentation of a Proclamation to the Salvation Army in recognition of National Salvation Army Week
CONSENT AGENDA
Jack Ladd moved to approve consent agenda items 4 – 17, excluding items 5, 6, 9, 10 and 13; seconded by Robin Poole.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
4. Motion Approving The Following Minutes:
4a. Regular Session Of April 26, 2022
7. 2022-055 – Resolution Rejecting The Sole Bid Received For The Replacement Of Audio Visual Equipment At Grande Communications Stadium (District: None) (General Services)
8. 2022-056 – Resolution Approving The Purchase Of Replacement Servers For The Disaster Recovery Backup Site For The Communications And Information Systems Department From Presidio Networked Solutions Group, LLC, Through The Texas Department Of Information Resources At A Total Cost Of $283,728.32 (District: None) (General Services)
11. 049-2022 – Motion Authorizing The City Manager Or The City Manager’s Designee To Advertise A Request For Competitive Sealed Proposals For The Momentum Bank Ballpark Renovations And Improvements Project For The Community Services Department And To Negotiate A Contract For Said Project; Provided, However, That Said Agreement Shall Not Become Effective Until Approved By The City Council (District 4) (General Services)
12. 050-2022 – Motion Authorizing The Execution Of A Master Intergovernmental Cooperative Purchasing Agreement With Equalis Group LLC; Said Agreement Providing For Cooperative Purchasing Services Through The Cooperative Purchasing Programs Administered By Equalis Group LLC (District: None) (General Services)
14. 2022-060 – Resolution Rejecting All Bids Received For The Plant Farm Ponds Rehabilitation Project For The Utilities Department (District None) (General Services)
15. 051-2022 – Motion Authorizing And Directing The City Manager To Provide The Aegis Group, Ltd., Sixty (60) Days’ Advance Written Notice Of The City Of Midland’s Election To Terminate The Consulting Services Agreement Between The Parties, Dated November 17, 2021 (District: None) (General Services)
16. 2022-061 – Resolution Authorizing The Execution Of An Advance Funding Agreement With The State Of Texas, Acting By And Through The Texas Department Of Transportation (“TXDOT”), For The Longview Avenue At Belmont Street Roundabout Project (The “Project”); Said Project To Provide For The Construction Of A Roundabout At The Intersection Of Longview Avenue And Belmont Street; Appropriating Funds; Authorizing Payment To TXDOT In An Estimated Amount Of $28,600.00 Plus 100% Of Overruns; And Authorizing And Directing The City Secretary To Certify A Copy Of This Resolution To TXDOT (District 2) (Engineering Services)
The following item(s) were pulled from consent agenda and considered individually.
5. 2022-053 – Resolution Awarding A Service Contract For Dry Cleaning And Laundry Services To Poc2, LLC, Dba Pristine Organic Cleaners 2 At A Projected Annual Cost Of $292,490.00 (General Services)
Michelle Carrasco, 5712 Sabine Drive, spoke regarding the Pristine Organic Cleaners bid. Ms. Carrasco reported she was never informed she was doing something wrong and feels like if being awarded the bid is such a huge injustice there should be a policy in place stating why she should not have bid.
City Attorney John Ohnemiller made it clear that neither Michelle Carrasco nor Council Member Corrales has done anything wrong from a legal stand point that is objectionable. There is a distinction between law and policy in what can happen versus what should happen. The Council has the right to change a policy if that is what’s needed.
Scott Dufford moved to amend Resolution No. 2022-053 to deny all bids and rebid; seconded by Lori Blong.
The motion passed by the following vote:
AYE: Poole, Blong, Payton, Dufford, Ladd
NAY: Norman
ABSTAIN: Corrales
ABSENT: None
6. 2022-054 – Resolution Authorizing The Execution Of A Professional Services Agreement With Freese And Nichols, Inc., For The Planning, Designing And Bidding Of A Lift Station At The I-20 Preserve For The Wall Street Sewer Diversion For The Utilities Department For A Cost Of $345,117.00; Approving $51,768.00 For Contingencies; And Appropriating Funds (District 2) (General Services)
Council wanted to make sure that the lift station will not take away from the beauty of the I-20 Wildlife Preserve. Utilities Director Carl Craigo reported that they will do everything in their power to make sure the beauty of the I-20 Wildlife Preserve is pleasingly maintained.
Robin Poole moved to approve Resolution No. 2022-054; seconded by Dan Corrales.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
9. 2022-057 – Resolution Authorizing The Sole-Source Purchase Of Northstar’s Silverblaze Customer Web Portal Platform For The Communications And Information Systems Department On Behalf Of The Customer Service Division From Northstar Utilities Solutions, A Division Of N. Harris Computer Corporation For A Total Cost Of $129,218.00 And Annual Maintenance Costs Of $12,488.00 (District: None) (General Services)
Council requested to know how this will help with better communication among the citizens of Midland. Finance Director Christy Weakland reported that it will help customers manage their accounts with better usage and will be more user friendly. They will be able to see what their usage is in real time.
Deputy City Manager Morris Williams reported that as customers watch their water usage in real time, they will be able to set parameters to be notified if they go over a certain usage amount. The system will be able to send a text message or email to notify customers of their requested usage information.
Dan Corrales moved to approve Resolution No. 2022-057; seconded by Lori Blong.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
10. 2022-058 – Resolution Authorizing The City Manager To Purchase Certain Real Property Described As Lots 3a And 4, Block 6, Westridge Park Addition, Section 44, City And County Of Midland, Texas; Authorizing The City Manager To Negotiate, Execute And File All Documents Necessary To Purchase Said Property And Hold The Closing; Ordering The City Secretary To Record, Or Ensure That The Title Company Records, The Instrument Of Conveyance; And Appropriating Funds For Said Purchase (District 4) (General Services)
Community Services Director Cristina Burns gave a brief overview of the item noting the additional purchase of this land will be used for potential multi-purpose auxiliary fields.
John Norman moved to approve Resolution No. 2022-058; seconded by Robin Poole.
The motion passed by the following vote:
AYE: Corrales, Poole, Payton, Dufford, Ladd, Norman
NAY: Blong
ABSTAIN: None
ABSENT: None
13. 2022-059 – Resolution Approving A Contract With Fieldturf USA, Inc., Through The Equalis Group Purchasing Program, For The Purchase And Installation Of Artificial Turf For Four (4) Little League Fields At Beal Park For A Total Cost Of $1,840,211.00; Approving $92,009.00 For Contingencies; And Appropriating Funds For Said Project (District 4) (General Services)
Beal park is originally part of a four-part plan. Community Services Director Cristina Burns ranked the parks in terms of need. There are $13 million in CO bonds to do improvements. Beal Park was one of the parks that would utilize these funds; the other parks are Washington, Butler and Windlands. It was then determined those funds would be used for Reyes-Mashburn-Nelms rather than Washington. The design phase has started for Reyes-Mashburn-Nelms with completion estimated by the end of 2023.
SECOND READINGS
18. 10305 – An Ordinance Amending The Zoning District Map Of The City Of Midland To Rezone Lots 4 Through 7, Block 42, Greenwood Addition, Third, Fourth, And Fifth Sections, City And County Of Midland, Texas, From C, Commercial District To Th, Townhouse (Attached) Dwelling District (Generally Located At The Northeast Corner Of The Intersection Of South Webster Street And Cloverdale 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) (First Reading Held April 26, 2022)
Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10305.
Jack Ladd moved to approve the second and final reading of Ordinance No.10305; seconded by John Norman.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
19. 10306 – An Ordinance Amending The Zoning District Map Of The City Of Midland To Grant A Specific Use Designation With Term For A 3,000-Square Foot Portion Of The North 65 Feet Of Lots 10, 11, And 12, Block 15, West End Addition, City And County Of Midland, Texas (Generally Located On West Side Of A Street, Approximately 75 Feet North Of Missouri Avenue), Which Is Presently Zoned CB, Central Business District, Allowing Said Property To Be Used For The Sale Of All Alcoholic Beverages In A Restaurant For On-Premises Consumption; Making Said Designation Subject To Certain Conditions And Restrictions Contained Herein; Containing A Cumulative Clause; Containing A Savings And Severability Clause; Providing For A Maximum Penalty Or Fine Of Two Thousand Dollars ($2,000.00); And Ordering Publication (District 3) (Development Services) (First Reading Held April 26, 2022)
Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10306.
20. 10307 – An Ordinance Amending The Zoning District Map Of The City Of Midland To Grant A Specific Use Designation With Term For A 2,372-Square Foot Portion Of Lot 13a, Block 53, Original Town Addition, Section 7, City And County Of Midland, Texas (Generally Located At The Northeast Corner Of The Intersection Of Main Street And Wall Street), Which Is Presently Zoned Pd, Planned Development District For A Housing Development, Allowing Said Property To Be Used For The Sale Of All Alcoholic Beverages In A Restaurant For On-Premises Consumption; Making Said Designation Subject To Certain Conditions And Restrictions Contained Herein; Containing A Cumulative Clause; Containing A Savings And Severability Clause; Providing For A Maximum Penalty Or Fine Of Two Thousand Dollars ($2,000.00); And Ordering Publication (District 2) (Development Services) (First Reading Held April 26, 2022)
Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10307.
Dan Corrales moved to approve the second and final reading of Ordinance No. 10307; seconded by Jack Ladd.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: Dufford
PUBLIC HEARINGS
The City Council will hold public hearings on the following items:
21. 10308 – An Ordinance Amending The Zoning District Map Of The City Of Midland To Rezone Lot 1, Block 1, Eastover Second Addition, City And County Of Midland, Texas, From Mf-22, Multiple-Family Dwelling District To Sf-3, Single-Family Dwelling District (Generally Located At The Southwest Corner Of The Intersection Of Jesse Street And Illinois Avenue); Containing A Cumulative Clause; Containing A Savings And Severability Clause; Providing For A Maximum Penalty Or Fine Of Two Thousand Dollars ($2,000.00); And Ordering Publication (District 3) (Development Services)
Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10308.
Mayor Payton opened the public hearing at 10:38 a.m. There being no one present wishing to speak, the public hearing was immediately closed.
22. 10309 – An Ordinance Amending The Zoning District Map Of The City Of Midland To Rezone A 1.38-Acre Tract Of Land Out Of Lots 1, 2, 3 And 4, Block 4, West Midland Addition, City And County Of Midland, Texas, From Sf-2, Single-Family Dwelling District, In Part, And O-1, Office District, In Part, To O-1, Office District (Generally Located At The Northwest Corner Of The Intersection Of F Street And Illinois Avenue); Containing A Cumulative Clause; Containing A Savings And Severability Clause; Providing For A Maximum Penalty Or Fine Of Two Thousand Dollars ($2,000.00); And Ordering Publication (District 3) (Development Services)
Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10309.
Kathryn Menaul,1305 W. Ohio Avenue, reported the neighborhood has concerns with unregulated traffic near the pre-school at F Street and Ohio. The concern is that if you open it as an alleyway that it will become a pit stop for drag racers. Another concern is people seeing in the backyard if this project is a two-story building.
Andrew Mellen, 1909 W. Wall Street, reported that Maverick’s headquarters, a two story building, will be located at the north west corner of F Street and Illinois. There will not be an alleyway. The land to the left of the property will be left untouched at this time. This will be a two story building with windows on all sides. They are not requesting any special exceptions, however, Mr. Mellen agreed to work with homeowners in the area regarding privacy concerns.
There being no one else wishing to speak, the public hearing was closed at 10:46 a.m.
Jack Ladd moved to approve the first of two readings of Ordinance No. 10309; seconded by Scott Dufford.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
23. 10310 – An Ordinance Amending The Zoning District Map Of The City Of Midland To Rezone Lots 14 Through 21, Block 7, And Lots 1 Through 8, Block 8, Nueva La Jolla Addition, City And County Of Midland, Texas, From Pd, Planned Development District For A Housing Development To An Amended Pd, Planned Development District For A Housing Development (Generally Located On The East And West Sides Of South Benton Street, Approximately 217 Feet North Of Orchard Lane); Containing A Cumulative Clause; Containing A Savings And Severability Clause; Providing For A Maximum Penalty Or Fine Of Two Thousand Dollars ($2,000.00); And Ordering Publication (District 2) (Development Services)
Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10310.
Development Services Director Chuck Harrington gave a brief overview of the item noting the request came from Midland Habitat for Humanity and they are proposing to have single family housing at this site. They are currently zoned for mobile homes. There have been no letters of objection and staff has reviewed and approved the request.
Mayor Payton opened the public hearing at 10:48 a.m. There being no one present wishing to speak, the public hearing was immediately closed.
Dan Corrales moved to approve the first of two readings of Ordinance No. 10310; seconded by Robin Poole.
The motion passed by the following vote:
AYE: Corrales, Poole, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: Blong
ABSENT: None
24. 10311 – An Ordinance Amending The Zoning District Map Of The City Of Midland To Grant A Specific Use Designation With Term For A 4,800-Square Foot Portion Of Lot 1-J, Block 5, Colony Place, Section 5, City And County Of Midland, Texas (Generally Located On The South Side Of Wadley Avenue, Approximately 254 Feet East Of North Garfield Street), Which Is Presently Zoned Rr, Regional Retail District , Allowing Said Property To Be Used For The Sale Of All Alcoholic Beverages In A Restaurant For On-Premises Consumption; Making Said Designation Subject To Certain Conditions And Restrictions Contained Herein; Containing A Cumulative Clause; Containing A Savings And Severability Clause; Providing For A Maximum Penalty Or Fine Of Two Thousand Dollars ($2,000.00); And Ordering Publication (District 3) (Development Services)
Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10311.
Mayor Payton opened the public hearing at 10:49 a.m. There being no one present wishing to speak, the public hearing was immediately closed.
Dan Corrales moved to approve the first of two readings of Ordinance No. 10311; seconded by Jack Ladd.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
25. 10312 – An Ordinance Granting A Special Exception For The South 200 Feet Of The West 150 Feet Of The East 857 Feet Of The South Half Of The East 34 Acres Of A Certain 44-Acre Tract Out Of The West Half Of The Southeast Quarter Of Section 22, Block 39, T-1-S, T&P Rr Co. Survey, City And County Of Midland, Texas (Generally Located At The Northeast Corner Of The Intersection Of Western Drive And West Golf Course Road), By Permitting A Reduced Minimum Lot Width; 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)
Deputy City Secretary Jan Hamilton read the caption of Ordinance No. 10312.
Development Services Director Chuck Harrington gave a brief overview of the item noting the request is being made by Cale Lancaster. This is a large track located on west Gulf Course. The proposal is to sub-divide this into two lots. It’s unique because of the way the lot is turned; making it a bit smaller than what the ordinance allows. The minimum lot width for interior lots is 80 feet and for exterior/corner lots is 85 feet. They are proposing 75 feet for each lot but will have 200 feet in depth versus the minimum lot size of 100 feet.
Mayor Payton opened the public hearing at 10:53 a.m.
Cale Lancaster, 1009 Shirley Lane, is building a single family home and would like to improve the neighborhood.
Robert Rendall, 6 Desta Drive, suite 1000, is speaking on behalf of David Arrington who owns the lot to the side of this one as well as several other lots along Golf Course on the North side. He has concerns about this setting a precedent, not the residence itself.
His concern is that the special exception is being required because they are doing something different with this lot. By doing this, it is creating the need for the special exception by dividing the lot the way they want to divide it; which in turn will start a precedence. Mr. Arrington feels the home should be able to be built on the lot size that is currently there.
There being no one else wishing to speak, the public hearing was closed at 10:53 a.m.
Jack Ladd moved to approve the first of two readings of Ordinance No. 10312; seconded by Lori Blong.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
26. 2022-062 – Resolution Authorizing The Temporary Use Of Land For A Vendor Market On Lot 4, Block 12, Sunset Acres, Section 9, City And County Of Midland, Texas (Generally Located On The South Side Of West Golf Course Road, Approximately 322 Feet West Of North Midkiff Road) Subject To Certain Special Conditions And Restrictions (District 4) (Development Services)
Development Services Director Chuck Harrington gave a brief overview of the item noting Alicia Garcia is the proposed applicant who would like to have a vendor market beside the Tall City Brewery. The object is to create a program for women that will provide them with business opportunities. They will have 33 vendor spots along with three food trucks. Restrooms are located inside Tall City Brewery. Staff feels like it’s a good opportunity to expand operations in that area. They are proposing parking opportunities with other businesses in the vicinity.
Mayor Payton opened the public hearing at 11:00 a.m.
Diana Rodriguez, 1408 E. Everglade Avenue, Odessa, a business owner, reported that working with Tall City has given business women the opportunity to have a space to work to provide for their families. Currently there are spaces for 48 vendors. This event is different from a farmers market as you are not limited to only sell items you make.
There being no one else wishing to speak, the public hearing was closed at 11:08 a.m.
Jack Ladd moved to approve Resolution No. 2022-062; seconded by Lori Blong.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
MISCELLANEOUS
27. 053-2022 – Motion Granting Prince Signs, LLC's Appeal And Reversing The Building Official’s Denial Of A Sign Permit For Lot 2, Block 2, Central Park Addition, Section 2, City And County Of Midland, Texas (Generally Located On The Northeast Corner Of The Intersection Of South Farm To Market Road 1788 And Loop 40 (District 4) (Development Services)
Development Services Director Chuck Harrington reported these signs are similar to the signs granted in the past.
Kevin Fryer, 5215 Cinco Forest Trail, reported these are standard Cheveron C78 signs that have been placed all over town. The signs are not 45 feet as the drawing states, they are only 30 feet in overall height.
Lori Blong moved to approve Motion No. 053-2022; seconded by Robin Poole.
28. 054-2022 – Motion Granting Prince Signs, LLC’s Appeal And Reversing The Building Official’s Denial Of A Sign Permit For Lot 9, Block 2, Lonestar Business Park, Section 3, City And County Of Midland, Texas (Generally Located On The Southeast Corner Of The Intersection Of Occidental Parkway And North State Highway 349) (District 1) (Development Services)
Dan Corrales moved to approve Motion No. 054-2022; seconded by John Norman.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
29. 2022-063 – Resolution Granting A Variance For A 50.239-Acre Tract Of Land Out Of Section 1, Block X, H.P. Hilliard Survey, City And County Of Midland, Texas (Generally Located At The Northeast Corner Of The Intersection Of North Lamesa Road And East Loop 250 North), By Permitting Construction Of Residences Where No Portion Of Any Structure Is Closer Than 135 Feet Of An Oil And Gas Well; And Authorizing Issuance Of Building Permits (District 1) (Development Services)
Jack Ladd moved to approve Resolution No. 2022-063; seconded by Lori Blong.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
30. Motion Appointing A Mayor Pro Tempore (District: None) (City Manager)
Scott Dufford moved to reappoint Lori Blong to serve as Mayor Pro Tempore; seconded by John Norman.
The motion passed by the following vote:
AYE: Corrales, Poole, Blong, Payton, Dufford, Ladd, Norman
NAY: None
ABSTAIN: None
ABSENT: None
PUBLIC COMMENT
31. 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.)
There were no citizens present wishing to speak.
All the business at hand having been completed, the meeting adjourned at 11:08 a.m.