Oct 13, 2026 Council Meeting

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GOING TO CALL OUR MEETING TO ORDER. I WANT TO WELCOME YOU THIS MORNING TO OUR CITY COUNCIL MEETING AND GET GET THINGS STARTED. WE HAVE A LOT OF ITEMS TO COVER TODAY. AND SO WE'RE GOING TO GET DOWN TO BUSINESS QUICKLY. BUT WE WANT TO BEGIN WITH PRAYER. AND I WANT TO WELCOME PASTOR JOHN SLAYDEN FROM HOPE COMMUNITY CHURCH TO LEAD US IN OUR INVOCATION. IF YOU WOULD STAND WITH ME, PLEASE. WELCOME, SIR. GOOD MORNING. LET'S PRAY, SHALL WE? FATHER. THANK YOU. THANK YOU FOR THE PRIVILEGES WE HAVE IN OUR COUNTRY. THANK YOU FOR THE FREEDOMS WE HAVE TO GATHER JUST LIKE THIS. THANK YOU FOR YOUR LOVE FOR US, YOUR GOODNESS IN OUR LIFE, EVEN THOUGH WE DON'T DESERVE IT, AND FOR LOVING US AND LOVING US AND FOR CARING FOR US SO WELL. WE ASK THAT YOU BLESS THIS MEETING TODAY. BLESS THESE LEADERS THAT ARE BEFORE US. BLESS THE FOLKS IN ATTENDANCE. WE PRAY THAT YOU WOULD GIVE AND GRANT WISDOM AND PATIENCE AND COURAGE AS THEY LEAD. BLESS THEIR FAMILIES. WE PRAY FOR THOSE IN ATTENDANCE AND AND THE PROCEEDINGS THAT WILL HAPPEN TODAY. I PRAY THAT EVERYTHING THAT IS SAID AND DONE WILL BRING HONOR AND GLORY TO YOU. AND WE ASK THIS IN JESUS NAME. AMEN. AMEN. THANK YOU SIR. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE. TEXAS. ONE STATE UNDER GOD, ONE AND INDIVISIBLE. THANK YOU VERY MUCH. AT THIS TIME, I WANT TO INVITE ALL COUNCIL MEMBERS THAT

[PROCLAMATIONS AND RECOGNITIONS ]

123123. THANK YOU, THANK YOU, THANK YOU. ALL RIGHT. AS I SAID, WE DO HAVE QUITE A LONG AGENDA

[CONSENT AGENDA ]

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ITEM 13. ITEM 16 HAS ALREADY BEEN PULLED, AND I BELIEVE THAT IS ALL. SO, MARSHA, JUST FOR CLARITY'S SAKE, WE ARE PULLING ITEM SEVEN, NINE. TEN. 11. 13, 14. 15. 16 AND 17. ALL RIGHT.

SO WITH THOSE NOTATED, WE WILL CONSIDER THE REST OF OUR CONSENT AGENDA. AND I'LL LOOK FOR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN NORMAN. WE HAVE A SECOND FROM COUNCILMAN LAD. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY.

THANK YOU VERY MUCH. OKAY. ITEM NUMBER SEVEN IS A RESOLUTION AWARDING A CONTRACT FOR THE

[7. 2026-139 - RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF CONCRETE AND CALICHE FOR THE TRANSPORTATION DIVISION TO 4J CONCRETE, LLC DOING BUSINESS AS JORDAN CONCRETE AT A TOTAL COST OF $508,810.00; AND AUTHORIZING PAYMENT (DISTRICT: ALL) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE)]

I DO KNOW THAT THIS ONE, IF THIS ONE WAS THE LOWEST BID. CORRECT? CORRECT. YES, SIR.

YEAH. AND SO BUT ANYWAY, JUST FOR FUTURE REFERENCE, IF IF THIS IS AN AREA LIKE WHAT YOU WERE JUST SAYING THAT WE DON'T TYPICALLY GET A LOT OF BIDS. IF THERE IS SOME RESEARCH WE CAN

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[9. 2026-141 - RESOLUTION AWARDING A CONTRACT FOR THE HOGAN PARK ROADRUNNER COURSE RENOVATION PROJECT TO MID-AMERICA GOLF AND LANDSCAPE, INC., FOR A TOTAL COST OF $11,706,235.90; APPROVING $1,420,000.00 FOR PROJECT-RELATED EXPENSES; APPROPRIATING FUNDS; AND AUTHORIZING PAYMENT (DISTRICT: 2) (GENERAL SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE) ]

THIS WAS THE SAME COMPANY THAT DID PHASE ONE, BUT JUST SOME OF THE IMPROVEMENTS THAT ARE GOING TO BE MADE JUST TO REITERATE TO THE PUBLIC. SO THEY UNDERSTAND AND TIME FRAMES OF WHAT WE'RE EXPECTING TO START WHEN WE'RE EXPECTING TO BE DONE. AND ALSO, I JUST WANT TO PUT IT ON PUBLIC RECORD AS WELL, TOO, THAT BILL KIRBY, WHO RECENTLY PASSED, WAS REALLY INSTRUMENTAL IN A LOT OF THE THINGS THAT WE'VE LOOKED AT, CHANGING SOME MINDSETS AND JUST REALLY BEING INSTRUMENTAL IN THE GOLF COURSE ITSELF. AND SO MOVING FORWARD, AS WE COMPLETE THIS NEW SIDE OF THE COURSE, I DEFINITELY WOULD LIKE STAFF TO TAKE INTO CONSIDERATION OF DOING SOMETHING IN HIS HONOR, MAYBE NAMING A HOLE AFTER HIM, OR DOING SOMETHING THAT WOULD REFLECT THE WORK THAT HE DID ON THIS PROJECT. OKAY. GOOD MORNING, MAYOR AND COUNCIL. MORNING. LORI WILLIAMS, PARKS AND RECREATION DIRECTOR. I'M GOING TO GO THROUGH A QUICK PRESENTATION OF THE ROADRUNNER COURSE RENOVATION LOT. COUNCILMEMBER COLTER SAID THIS IS THE SECOND PHASE OF A OF A LARGER RENOVATION OF THE GOLF COURSE. SO LET ME GET GOING AGAIN. THIS IS A QUALITY OF LIFE ISSUE AS FAR AS PROVIDING PARK SYSTEMS AND GOLF COURSES THAT ARE QUALITY OF LIFE AMENITIES FOR OUR COMMUNITY. THESE ARE SOME OF THE IMPROVEMENTS. WE'VE RECENTLY COMPLETED A NEW CART BARN. WE HAD AN ARCHITECT, A GOLF COURSE ARCHITECT COME IN AND DO A MASTER PLAN FOR US. AND THAT WAS THE FIRST PHASE OF THAT WAS THE QUAIL COURSE RENOVATION, WHICH IS JUST FINISHED UP. WE'LL BE OPENING THAT COURSE ON OCTOBER 30TH TO THE PUBLIC. IT WAS A ONE YEAR PROJECT. IT INCLUDED NEW GREENS, TURF, NEW IRRIGATION SYSTEM AND A NEW ROAD SYSTEM THAT WILL WATER THE GREENS. AND IT SERVES BOTH OF THE COURSES, ROADRUNNER AND QUAIL. THIS IS THAT MASTER PLAN. ROADRUNNER IS KIND OF THE MIDDLE OF EVERYTHING. THE BRIGHTER GREEN. I MEAN, I'M SORRY, QUAIL IS THE MIDDLE OF EVERYTHING, AND THE BRIGHTER GREEN KIND OF ON THE RIGHT HAND SIDE AND DOWN TO THE BOTTOM IS THE ROADRUNNER COURSE THAT WILL BE CLOSED FOR THIS NEXT PROJECT. THE TIME FRAME. WE STARTED ON THIS PROJECT IN APRIL WHEN WE DID A PROFESSIONAL SERVICES AGREEMENT WITH KEMP GOLF. THEY WORKED ON THE PLANS FROM MAY TO JULY AND THEN AUGUST TO SEPTEMBER. WE HAD IT OUT FOR BIDS AND WE PLANNED WITH. IF IT'S APPROVED TODAY, WE'LL GO TO CONSTRUCTION STARTING IN NOVEMBER, EARLY NOVEMBER, AND WE PLAN TO COMPLETE IN LATE FALL OF 2027. SO IT'S AGAIN ANOTHER ONE YEAR PROJECT. THIS IS THE LAYOUT OF THE ROADRUNNER AREA. THERE'S SOME RENOVATED HOLES, THERE'S NEW GREENS, THERE'S NEW TURF IN SOME AREAS. THERE'S JUST NEW IRRIGATION OVER THE ENTIRE COURSE. AGAIN, WE'LL TIE INTO THAT NEW ROAD SYSTEM TO MAKE THE GREENS BETTER ESTABLISHED AND TO KEEP THOSE WATER, THAT WATER AT A HIGHER QUALITY. SO WE HAVE A HIGHER QUALITY OF TURF ON OUR GREENS. THE FUNDING MID-AMERICA GOLF WAS OUR LOWEST BID OUT OF FOUR. THEY ARE THE ONES THAT DID OUR FIRST COURSE, OUR QUAIL COURSE, AND SO THEY DID NOT HAVE TO SPEND AS MUCH ON MOBILIZATION. THEY'RE ALREADY HERE. SO THE QUOTE THE ESTIMATE ON THIS WAS 15.89 MILLION. AND THEY CAME IN AT 11.7. SO WE LET'S HIGHLIGHT THAT. SO OUR ESTIMATE OF PROBABLE COST WAS 15/15,000,000. AND THE ACTUAL QUOTE CAME IN AT 11.7. THAT'S SOMETHING THAT WE NEED TO NOTE THERE. YES. LIKE I SAID, THE LOWEST BID OUT OF FOUR. WE'RE ALSO GOING TO REQUEST 1.4 MILLION. AND SOME OF THAT IS OTHER COSTS THAT MAY ARISE. BUT WE ALSO WANT TO GO AHEAD AND DO THE NEW ENTRY FOR THE GOLF COURSE. AND THEN WE NEED TO DO TWO NEW RESTROOMS ON THE ON THE ROADRUNNER COURSE. THIS IS AN EXAMPLE OF WHAT THOSE NEW SIGNS WILL LOOK LIKE, ONE ON EACH SIDE OF THE ENTRY AT THE GOLF COURSE. AND WE WANT TO TALK ABOUT HOW THE GOLF COURSE IS SELF-SUSTAINING. IT'S PAYING FOR ITSELF. THEY'RE NOT HAVING GENERAL FUND SUBSIDIES AT THIS

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I KNOW WE JUST WENT THROUGH THAT OTHER ONE. WE JUST HAD TWO BIDS, BUT THAT HAS BEEN BECAUSE OF COUNCILMAN BURKHOLDER AND THE COUNCIL BEING MORE INVOLVED WITH THAT AND WANTING US TO WORK ON GETTING ADDITIONAL BIDS. ALSO WANTED TO POINT OUT THAT SHE MENTIONED THE SUBSIDY. I BELIEVE IT WAS ABOUT 800,000 THAT THE COUNCIL WANTED TO ZERO OUT, AND THAT GOT ZEROED OUT FOR BUDGETS AGO. RIGHT AFTER YOUR STRATEGIC PLANNING PROCESS, WHENEVER YOU SAID YOU WANTED TO MAKE SURE THAT COST RECOVERY WAS A PREMIUM, IT WAS IT WAS A PRIORITY RATHER. AND THAT'S THAT'S A GOOD EXAMPLE OF THAT. AND I THINK WE HAVE TO ALSO HIGHLIGHT THE FACT THAT FOR DECADES, THE GENERAL FUND HAS BEEN SUBSIDIZING THE COST OF THE OF THE GOLF COURSE. AND SO FOR THE LAST FOUR BUDGET CYCLES, WE CAN SAY THAT WE'VE BEEN ABLE TO RIGHT SIZE FEES AND MAKE SURE THAT IT'S CARRYING ITS OWN WEIGHT, WHICH IS A HUGE WIN FOR ALL OF MIDLAND, APPROXIMATELY A LITTLE OVER $3 MILLION. AND, YOU KNOW, AS I WAS REFERENCING BILL KIRBY, ONE OF THE THINGS THAT HE WAS VERY ADAMANT ABOUT WAS THE NEW SCHEDULING POINT OF SALE SYSTEM, THINGS OF THAT SORT TO MAKE THINGS MORE COHESIVE, BETTER. AND I THINK THAT THAT'S DEFINITELY CONTRIBUTED TO THE ADDITIONAL REVENUE AND THE, THE, THE EASE THAT THAT WE'VE SEEN TO BE ABLE TO GET IN THERE AND ACTUALLY OPERATE EFFICIENTLY. SO AGAIN, THANKS, THANKS TO HIM FOR SOME OF THAT, FOR THAT PLANNING TOO. YES, SIR. THAT MASTER PLAN. YEAH. AND, AND JUST TO PIGGYBACK OFF OF THAT, I KNOW WE'VE DONE BENT BENCHES FOR PEOPLE IN THE PAST THROUGH OUR PARKS AND REC DEPARTMENT AND EVERYTHING. SO THAT MAY BE SOMETHING THAT WE COULD DO FOR MR. KIRBY AS WELL. SO IF WE CAN LOOK INTO THAT, WE CAN LOOK INTO THAT. EXCELLENT. ALL RIGHT.

WELL, THANK YOU VERY MUCH. IF THAT CONCLUDES THE COUNCIL'S QUESTIONS ON THIS ITEM, WE DO HAVE A COUPLE OF REQUESTS TO SPEAK. SO I'D LIKE TO WELCOME DEREK SMITH TO COME FORWARD AND MAKE PUBLIC COMMENT. PART OF MY QUESTION WAS KIND OF ANSWERED DURING THE COMMENTARY, BUT I WOULD LIKE YOU ALL TO DO A BETTER JOB OF SHOWING US EXACTLY HOW THIS GOLF COURSE IS BEING SELF-SUSTAINING, BECAUSE WHENEVER I RUN OUT THE MATH, $11 MILLION IN ORDER TO PAY THAT BACK IN A YEAR WOULD REQUIRE 10,000 GOLFERS PER DAY, 365 DAYS A YEAR TO PAY AN EXTRA $3 A DAY. I JUST HAVE A HARD TIME. AND THEN YOU START FROM THAT POINT OF JUST HOW MUCH DOES IT COST TO PAY SOMETHING BACK IN A YEAR? AND THEN YOU DIVIDE IT INTO TWO AND THEN INTO FOUR. AND IT JUST IT DOESN'T SEEM LIKE THE MATH WORKS, THAT THIS COURSE IS AT ALL SUSTAINABLE. AND SEVERAL OF YOU AVAIL YOURSELVES TO A RADIO STATION THAT SAYS, WHAT IS MY FAIR SHARE OF WHAT SOMEBODY ELSE EARNED? I WANT TO MAKE SURE THESE THINGS THAT WE'RE SAYING ARE QUALITY OF LIFE ACTUALLY GO TOWARDS AS CLOSE TO PROVIDING FOR 100% OF THE COMMUNITY, NOT JUST SPECIFIC PORTIONS AND PERCENTAGES. I MEAN, IF ONLY 10% OF THE COMMUNITY OR LESS IS INTERESTED IN SOMETHING, IT'S NOT A QUALITY OF LIFE ISSUE. IT SHOULD HAVE TO SUSTAIN ITSELF COMPLETELY AND FULLY. AND I WOULD JUST LIKE TO ASK YOU ALL TO DO A BETTER JOB OF SHOWING US THE NUMBERS WHEN THESE THINGS COME UP, TO SHOW WHAT THE GREENS FEES ARE AND TO BREAK IT DOWN, JUST LIKE WE'RE SITTING IN A BUDGET MEETING WITH YOU TO SEE THAT THIS IS TRULY BEING SELF-SUSTAINING, AND IT'S NOT COSTING THOSE OF US WHO HAVE ZERO INTEREST IN GOLF, AND YET WE'RE BEING FORCED TO PAY FOR SOMETHING THAT WE HAVE NO INTEREST IN, JUST LIKE WE'RE BEING FORCED TO PAY FOR COSTCO. AND YET THE JUSTIFICATION FOR THAT WAS THERE'S 6500 PEOPLE IN MIDLAND WHO HAVE A MEMBERSHIP, AND THEY'RE DRIVING TWO HOURS AWAY. WELL, THEY COULD AFFORD IT. THAT'S NOT EVEN 5% OF OUR OVERALL POPULATION. BUT ALL OF US ARE HAVING TO PAY FOR SOMETHING JUST BECAUSE A SMALL PERCENTAGE OF OUR POPULATION WANTS IT. AND THAT IS WHAT IS SOCIALISM. AND COMMUNISM IS WHEN YOU'RE HAVING TO PAY FOR THINGS THAT OTHER PEOPLE WANT. AND YET IT'S JUST A SMALL PERCENTAGE OF THE PEOPLE WHO WANT IT. AND THAT'S WHAT MAKES YOU ALL LOOK LIKE HYPOCRITES.

GOING ON A RADIO STATION THAT USES THE RHETORIC THAT THEY USE, AND THEN YOU'RE UP HERE APPROVING THINGS THAT FORCE THE ENTIRETY OF THE COMMUNITY TO PAY FOR IT. AND WE DON'T HAVE THE INFORMATION. AND YOU SAY IT'S AVAILABLE ONLINE. YOU SAY THAT WE CAN FIND THESE. I MEAN, THAT'S ONE OF THE QUESTIONS THAT SOMEBODY ASKED ONLINE FOR. SOMETHING I POSTED REGARDING

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THEN I WILL LOOK FOR YOUR ACTION ON ITEM NUMBER NINE. WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER, A SECOND FROM COUNCILMAN NORMAN. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. WE'LL MOVE FORWARD TO ITEM NUMBER TEN,

[10. 2026-142 - RESOLUTION APPROVING THE ISSUANCE OF PERMITS TO PETROPLEX ENERGY, INC. TO DRILL THREE OIL AND GAS WELLS LOCATED IN SECTION 1, BLOCK X, H.P. HILLIARD SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED BETWEEN 316 FEET AND 356 FEET EAST OF LAMESA ROAD AND 480 FEET NORTH OF WEST LOOP 250 NORTH) (DISTRICT: 1) (DEVELOPMENT SERVICES - OIL AND GAS) (SET THE STANDARD FOR A SAFE AND SECURE CITY) ]

OKAY, METROPLEX ENERGY, ALSO KNOWN AS A COMPANY OWNED BY ANWR, IS WANTING TO DRILL 480FT NORTH OF WEST LOOP. 250 WE'VE GOT A SCHOOL, WE HAVE HOMES THERE. WE ALSO HAVE DAVID ARRINGTON THAT'S GOING TO BE COMING ON REQUESTING FOR MORE WELLS. WE NEED TO START CUTTING SOMEBODY OFF SOMEWHERE. WHO IS IT AND WHERE IS IT GOING TO BE RIGHT NOW? THIS IS IN A MAJOR AREA. I DON'T KNOW IF YOU GUYS UNDERSTAND, BUT I LIVE BY FANNIN. VICKI ANWAR KNOWS THAT I LIVE BY FANNIN. I HAVE BELLY DUMP TRUCKS PARKING ALONGSIDE THE STREETS. THEY'RE TEARING UP OUR ROADS BECAUSE THEY'RE IN TOWN. THE CONSTRUCTION OUT ON, I MEAN, THE ROADS OUT ON LOOP 250 ALONG WITH THE CONSTRUCTION THAT'S GOING ON THERE, THE SCHOOL, WE HAVE A POLICE OFFICER THAT HAS TO STAND BY JUST TO DIRECT THE TRAFFIC OUT OF THAT AREA. THIS IS NOT A

[00:25:01]

YOU'RE READY, YOU'RE ON BOARD. LET'S GO. WE'LL GIVE YOU THE THREE WELLS. YOU'RE READY.

YOU'RE ON BOARD. YOU WANT THE THREE WELLS, YOU'VE GOT THEM. BUT RIGHT NOW WE'VE GOT A TOTAL OF I GUESS HE'S GOT NINE. THERE'S 12 WELLS THAT WE'RE TRYING TO GET BUILT WITHIN CITY LIMITS. OUR ROAD INFRASTRUCTURE. WE PASSED THIS BOND. WE WANT THAT THAT ROAD BOND THAT YOU KNOW WE WE ALREADY HAVE TROUBLES WITH OUR ROADS. EVERYBODY SAYS WE HAVE THE WORST ROADS EVER. WE'RE GOING TO BE PASSING ANOTHER BOND PROBABLY NOT TOO LONG FROM NOW.

AND THESE BELLY DUMP TRUCKS, SAND HAULERS, THEY'RE IN TOWN. THEY'RE MOVING ABOUT JUST BECAUSE OF THE TRAFFIC THAT'S GOING ON. GARFIELD. BUT NOW THAT THEY'RE PARKING DOWN OUR STREETS DURING SCHOOL HOURS, WHEN CAR LINE PICKUPS, PEOPLE ARE DRIVING AROUND SEMIS. AND THIS IS JUST NOT THIS IS NOT WHAT WE WANT, BUT THAT TRAFFIC OUT THERE ON LAMESA ON LOOP 250, IT IS ALREADY INCREDIBLY COMPACTED AT MOST HOURS OF THE DAY, WITH PEOPLE COMMUTING BACK AND FORTH FOR THE OILFIELD. SO I REALLY WANT YOU GUYS TO MAKE A MOTION TO TABLE THIS AND LET'S REVISIT THIS. THANK YOU. AT THIS TIME, I'D LIKE TO CALL SONYA MILLICHAMP TO COME FORWARD TO MAKE PUBLIC COMMENT. WELCOME, MA'AM. THANK YOU. AND I WANT TO THANK YOU ALL FOR TAKING MY COMMENTS ON THIS A MONTH AGO AND FOR MAKING ME FEEL HEARD AND ENCOURAGED TO SPEAK HERE. I REALLY APPRECIATED THAT. SO I JUST WANT TO SAY BRIEFLY AGAIN, THAT I'M ALSO OPPOSED TO HAVING THIS DRILLING. I LIVE ON THAT STREET JUST NORTH OF THE WELLS THERE ON THE MAP, AND I KNOW THAT THE DRILLING COMPANY SAID THEY WILL DO WHAT THEY CAN TO MITIGATE THE LIGHT AND THE NOISE, BUT IT'S STILL NO FUN TO LIVE NEXT TO. I ALREADY WENT THROUGH THE OTHER WELLS THAT ARE ALREADY THERE. IT'S REALLY UNPLEASANT, BUT MORE IMPORTANTLY, THEY CAN'T DO ANYTHING TO MITIGATE THE AIR POLLUTION. AND THE WINDS BLOW FROM THE SOUTH RIGHT STRAIGHT UP INTO OUR NEIGHBORHOOD. IT WAS REALLY BAD LAST TIME AND I'M CONCERNED ABOUT THAT. I JUST ALSO WANTED TO SAY THAT I'M NOT ONLY SPEAKING FOR MYSELF AND MY HUSBAND, BUT THAT I HAVE SOME OTHER NEIGHBORS WHO FELT THEY COULDN'T BE HERE TO SPEAK, BUT WHO TOLD ME THEY REALLY HAVE APPRECIATED ME COMING. SO I JUST WANTED TO SAY THAT THANK YOU FOR HEARING ME AND AND I HOPE YOU'LL VOTE TO PROTECT OUR PEACE AND OUR HEALTH AND OUR SAFETY. THANK YOU VERY MUCH FOR YOUR COMMENTS. AT THIS TIME, I'D LIKE TO GIVE AN OPPORTUNITY TO ONE OF THE REPRESENTATIVES OF THE APPLICANT. IF YOU'D LIKE TO COME AND JUST TALK A LITTLE BIT ABOUT SOME OF THE NOISE, LIGHT AND OTHER MITIGATION THAT YOU INTEND TO HAVE AT THIS PROPERTY. HI, MY NAME IS DARRYL BLAKENEY. I'M WITH METROPLEX ENERGY, MAYOR, COUNCIL MEN AND WOMEN. THANK YOU FOR THE OPPORTUNITY TO TO COME AND ADDRESS THESE THINGS. I'D JUST LIKE TO BRIEFLY ADDRESS A COUPLE OF THE THINGS THAT I HEARD. NUMBER ONE, WHEN METROPLEX PICKED THE LOCATION FOR THESE THREE WELLS, WE EXTENSIVELY LOOKED AT ALL OPTIONS FOR WHERE WE COULD PLACE THESE SURFACE LOCATIONS. THE ONLY OTHER. REALISTIC PLACE TO PUT THEM WOULD BE RIGHT ON TOP OF A BUNCH OF HOUSES. AND SO WE WE FELT LIKE WORKING WITH MR. PAYNE, THE SURFACE OWNER RIGHT HERE GAVE US THE BEST OPPORTUNITY AND WAS THE LESS INVASIVE TO THE COMMUNITY. RATHER THAN TRYING TO BUY A BUNCH OF HOUSES AND TEAR THOSE DOWN AS IT RELATES TO THE SOUND AND THE NOISE AND EVEN SOME OF THE DIRT, YOU KNOW, METROPLEX ENERGY, NEARLY ALL OF OUR EMPLOYEES LIVE IN THE CITY OF MIDLAND. WE HAVE MANY EMPLOYEES THAT LIVE WITHIN A SHORT RADIUS OF HERE. AND IN FACT, MY PASTOR JUST LIVES A FEW BLOCKS UP. SO WE'RE VERY COGNIZANT OF THE THE IMPACT TO THE AREA. A LOT OF THINGS THAT PEOPLE DON'T SEE WHENEVER YOU'RE DOING A DEVELOPMENT LIKE THIS ARE THE, THE MITIGATING ACTIONS THAT YOU TAKE BEFORE WE EVER EVEN APPLY FOR A PERMIT, SUCH AS RIG SELECTION, TRYING TO GET IN AND

[00:30:07]

[00:35:05]

I THINK THAT THERE SHOULD BE ENHANCED MONITORING, AND IT THERE SHOULD BE ROUTES THAT ARE DESIGNATED, THOSE ROAD REPAIR AGREEMENTS THAT GO A LITTLE BIT ABOVE AND BEYOND WHAT WE'VE SEEN IN THE PAST, AND TO MAKE SURE THAT WE'RE DOING THINGS RIGHT. AND AGAIN, MAKING SURE THAT WE'RE PROTECTING THE PEOPLE THAT ARE AROUND THERE FROM AS MUCH NOISE AND AND SOUND AND POLLUTION AS WE POSSIBLY CAN. IF I COULD JUST ADD ONE MORE THING BRIEFLY, AND THIS HASN'T BEEN BROUGHT UP IN ANY OF THE PRIOR MEETINGS, WE ARE ASKING TO DRILL THREE WELLS HERE AS A PART OF THIS DEVELOPMENT FOR US, AND A PART OF OUR AGREEMENT WITH THE SURFACE OWNER. WE HAVE ALSO COMMITTED TO PLUGGING THE THREE VERTICAL WELLS THAT ARE ON THIS LAND. SO WE ARE ADDING THREE WELLS, BUT WE'RE ALSO GETTING RID OF THREE VERTICAL WELLS AND A TANK BATTERY THAT'S WITHIN THE CITY LIMITS. AND SO WHILE YES, THERE WILL BE SOME INCREASED TRAFFIC UP FRONT WHILE WE DRILL THESE WELLS, ULTIMATELY THE THE WELLS THAT ARE CLOSEST TO THE NEIGHBORING HOUSES WILL ACTUALLY BE PLUGGED AND REMOVED. AND SO I THINK THAT THAT'S A VALUE ADD FOR THE COMMUNITY. YOU KNOW, AFTER A FEW MONTHS OF, OF A LITTLE BIT OF ACTIVITY OVER HERE. YEAH, THANK YOU FOR DOING THAT BECAUSE THAT IS HUGE. BUT I THINK SO. ALSO, THE DAMAGE FROM THOSE OTHER THREE WELLS HAS ALREADY BEEN DONE WITH THE FRACKING AND DRILLING AND ALL OF THAT TYPE OF STUFF, AND THEN PLUGGING IT AFTER THE FACT. I MEAN, YEAH, THAT'S GOOD TO MITIGATE ANY LEAKAGE OR ANYTHING LIKE THAT LATER ON.

BUT TO THE POINT OF EVERYBODY THAT'S BEEN SPEAKING HERE, THIS IS ONE OF THE REASONS THAT I HAVE NOT SUBSCRIBED TO DRILLING INSIDE THE CITY LIMITS. YOU KNOW, I, I MEAN, I HAVE PEOPLE THAT I PERSONALLY KNOW THAT LIVE IN THESE AREAS. AND IT'S NOT JUST THE NORTH, IT'S THE SOUTH AS WELL. SOUTH SOUTHWEST SIDE OF LAMESA, YOU KNOW, SHOOT, PERSONALLY, MY DAD, TO BE HONEST WITH YOU, YOU KNOW, HE ALWAYS CALLING ME BECAUSE HE KNOW I'M SITTING ON THE CITY COUNCIL AND HE'S LIKE, WHAT ARE WE GOING TO DO ABOUT ALL THIS NOISE AND ALL THIS DRILLING AND ALL THIS AROUND THE HOUSE, KEEPING ME UP AT NIGHT? AND THEN EVEN WITH THE ROADS, I THINK WE NEED TO CONSIDER ALSO THAT, YEAH, WE MAY HAVE A ROAD REPAIR AGREEMENT WITH THE CITY,

[00:40:07]

WE HAVE A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES 6 TO 0. I MEAN, 6 TO 1. OKAY. THANK YOU VERY MUCH. APPRECIATE IT. WE'LL

[11. 2026-143 - RESOLUTION AUTHORIZING THE EXECUTION OF A ROAD REPAIR AGREEMENT WITH PETROPLEX ENERGY, INC. REGARDING ITS APPLICATIONS TO DRILL OIL AND GAS WELLS WITHIN THE CITY LIMITS IN SECTION 1, BLOCK X, H.P. HILLIARD SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (DISTRICT: NONE) (DEVELOPMENT SERVICES - OIL AND GAS) (SET THE STANDARD FOR A SAFE AND SECURE CITY) ]

OKAY, SO THESE ROADS ARE NOT JUST WHERE YOUR LOCATION IS. LET ME JUST INFORM Y'ALL. I DON'T KNOW IF YOU KNOW IT, BUT DIESEL IS ABOUT $6 A GALLON. IT'S GOING DOWN. I KNOW WE HAVE 18 WHEELERS FILLING UP AT MURPHY USA ON ANDREWS HIGHWAY. THEY ARE COMING IN TOWN BECAUSE THEY'RE GOING TO SAVE A DOLLAR. IT IS ABSOLUTELY RIDICULOUS. I'M WAITING IN LINE IN A DIESEL VEHICLE BEHIND 18 WHEELERS TO FILL UP IN TOWN. OKAY, THERE'S MULTIPLE REASONS THESE VEHICLES ARE COMING IN TOWN BECAUSE THEY'RE PAYING FOR THAT FUEL $900. IF THAT WAS YOUR ONE TANK OF GAS, THEN YEAH, YOU'D BE DOING THE SAME THING BECAUSE THAT WOULD HAVE BEEN A $1,200 BILL. OKAY. I WANT TO KNOW WHAT THE AMOUNT IS. I WANT A NUMBER OF WHAT WE'RE GOING TO BE PROVIDING. WHAT YOU'VE ALLOCATED. IS IT JUST OPEN? IS EWR JUST OPENING HIS CREDIT CARD TO US AND SAYING, HEY, ANY DAMAGES THAT ARE DONE? ALSO, I THINK IT WOULD BE GREAT IF YOU GUYS STAYED AROUND FOR PUBLIC COMMENT, BECAUSE THAT MIGHT BE SOMEWHERE THAT YOU GUYS CAN HELP. WE'RE ALSO GOING TO HAVE AN INFLUX OF OUR INFRASTRUCTURE, OUR FIRE DEPARTMENT, OUR POLICE DEPARTMENT. THEY'RE ALREADY RUNNING LOW. I WILL BE ADDRESSING THAT, BUT I WANT A NUMBER ON WHAT THEY'RE GOING TO BE HELD RESPONSIBLE FOR. AND IS THAT GOING TO BE IF WE SEE ARE THERE VEHICLES GOING TO BE CLEARLY MARKED THAT WHEN WE SEE THEM RUNNING IN TOWN TO GET FUEL? THAT'S ANOTHER PROBLEM. WE HAVE A LOT OF THESE COMPANIES, THEY ARE FROM OUT OF TOWN. WE CAN'T CLEARLY CALL IN AND REPORT THEM TO WHOEVER MAY BE AT THE POWERS. I CAN'T CALL AND REPORT THAT THIS TRUCK IS DRIVING THROUGH OUR TOWN, EVEN THOUGH IT'S AN ABSOLUTELY NO TRUCK ZONE. SO I WANT A NUMBER. I WANT TO KNOW WHAT AREA THAT'S GOING TO COVER. IS IT ALL OF MIDLAND? ARE YOUR TRUCKS ONLY GOING TO HAVE ONE WAY IN, ONE WAY OUT? ALSO, TXDOT, JUST LIKE JOHN SAID, THAT NEEDS TO BE DISCUSSED BECAUSE THAT'S OUR TAX DOLLARS AS WELL. NOT JUST THE CITY, BUT TEXAS TECH, TEXAS STATE TAX DOLLARS. SO BUT I WOULD LIKE FOR YOU GUYS TO STICK AROUND FOR PUBLIC COMMENT WHEN I SPEAK. I THINK THAT MIGHT BE SOMETHING BENEFICIAL THAT WILL HELP ALL OF US. DO WE HAVE ANY QUESTIONS OR ANYTHING FROM COUNCIL MEMBERS? I WOULD JUST I WOULD JUST COMMENT THAT I UNDERSTAND WHAT YOU'RE SAYING WHEN IT COMES TO THE BIG TRUCKS IN TOWN, AND WE ARE SOMEWHAT LIMITED ON ANDREWS HIGHWAY AND BIG SPRING BECAUSE THEY ARE STATE HIGHWAYS AND TEX DOT PAYS FOR THEM, AND THE OIL AND GAS REVENUE RECEIVED BY THE STATE GOES IN, IN A BIG CHUNK OF IT GOES TO REIMBURSING CITIES LIKE MIDLAND FOR REPAIRING OUR ROADS.

BUT I DO THINK WE NEED TO DO WHAT'S WITHIN OUR POWER, WITHIN THE CITY LIMITS TO TO DEFINITELY LIMIT THAT KIND OF TRAFFIC IN THE COMMUNITY. SO I HEAR YOU AND CAN I, CAN I SPEAK? NO, MA'AM. YOU CONCLUDED YOUR TIME. YOU'LL HAVE PLENTY OF OTHER OPPORTUNITIES TO SPEAK THIS MORNING. AND GARRETT, DO YOU MIND GIVING US THE BOND AMOUNT FOR THE ROAD REPAIR AGREEMENT? ABSOLUTELY. YEAH. SO THEY'VE GOT THREE WELLS, 25,000 EACH FOR A TOTAL CAP, $75,000.

WE HAVE. AND LIKE I SAID, THIS ISN'T A USE TAX. THIS IS A IN THE EVENT OF AN ACCIDENT, KIND OF KIND OF BOND. AND, AND I WOULD JUST LIKE TO ADD THAT, THAT ALL OF THIS IS IN OUR

[00:45:06]

YEAH. AND ALL THIS IS AVAILABLE FOR ANYONE WHO WANTS TO SEE IT FREELY, OPENLY TRANSPARENT.

WE'VE GOT NOTHING TO HIDE. YEP. THAT'S ON THERE SINCE LAST WEDNESDAY. ABSOLUTELY. YEAH. SO ALL RIGHT. THANK YOU VERY MUCH. AND I'LL JUST MAKE ONE LAST COMMENT. AND SO THE $75,000, I THINK WE AGREE THAT THAT'S NOT ENOUGH TO DO MAJOR ROAD REPAIRS. AND WE HAVE LIMITATIONS ON WHAT WE CAN AND CANNOT GET THEM TO PAY. SO THAT'S WHY WE ASK FOR, OR AT LEAST I'M ASKING AND THE REST OF THE COUNCIL, I DON'T WANT TO SPEAK FOR THEM, BUT I'M ASKING FOR ANY OF THE OPERATORS THAT ARE LOOKING AT DOING THOSE TYPES OF THINGS HERE THAT YOU'RE WE NEED YOU TO STEP UP TO THE PLATE AND HELP TAKE SOME OF THAT LOAD OFF WHEN THERE ARE REPAIRS THAT HAVE TO BE DONE THAT ARE POTENTIALLY CAUSED BY THESE VEHICLES, BECAUSE AT THE END OF THE DAY, THE TAXPAYERS ARE GOING TO BE THE ONES THAT FRONT THE COST OF IT. THANK YOU FOR YOUR COMMENTS. IF THERE'S NO FURTHER DISCUSSION, I'LL LOOK FOR ACTION FROM COUNCIL ON ITEM NUMBER 11. WE HAVE A MOTION FROM COUNCILMAN STUBBS, A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES 6 TO 1. THANK YOU VERY MUCH. WE'LL MOVE

[13. 2026-145 - RESOLUTION APPROVING THE ISSUANCE OF PERMITS TO PERMIAN DEEP ROCK OIL CO., LLC TO DRILL NINE OIL AND GAS WELLS LOCATED IN SECTION 15, BLOCK 39, T-1-S, T&P RR CO. SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED BETWEEN 1,800 FEET AND 2,050 FEET EAST OF NORTH GARFIELD STREET AND BETWEEN 1,214 FEET AND 1,496 FEET SOUTH OF WEST LOOP 250 NORTH); 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) ]

HE'S GOING TO BE PROPOSING, I BELIEVE IT. RUMOR ON THE STREET HAS IT. 20 ENOUGH. ENOUGH IS ENOUGH. AND YOU CAN DENY THESE. WE DID NOT ALLOW DRILLING IN THE CITIES. WE SHOULD NEVER HAVE STARTED. I DON'T CARE WHO IS HIS IS COMING AND SAYING, HEY, THIS IS A GREAT IDEA. IF THEY CAN'T ACCESS IT HORIZONTALLY, THEY DON'T NEED IT. WE'VE HAD AN INCREASE OF EARTHQUAKES. GO LOOK AT THE RICHTER'S. I MEAN, IT'S CRAZY. WE NEVER HAD EARTHQUAKES. I'VE BEEN IN MIDLAND MY ENTIRE LIFE. YOU JUST APPROVED THREE WELLS. WHY ARE WE GOING TO APPROVE ANOTHER NINE? WE JUST KEEP GOING ON NINE WELLS, NINE TIMES MORE TRUCKS, NINE TIMES MORE DAMAGE, NINE TIMES MORE INCONVENIENCE TO THE CITIZENS. THIS IS OUR MONEY. THIS IS OUR MONEY RIGHT HERE. YOU JUST APPROVED $75,000 FOR $1 MILLION ROAD. HOW? HOW ARE WE MAKING THIS MAKE SENSE? I UNDERSTAND THAT YOU CAN'T DO THIS, AND BY NO MEANS, JACK, DO I WANT, YOU KNOW, POLICE PULLED OFF AT ANY FOR ANYTHING TO GO AND AND START, YOU KNOW, PULLING THE TRUCKS OVER AND HAVING DOT OR STATE TROOPERS. I DON'T WANT THAT AT ALL. THEY'RE ALREADY SHORTHANDED AS IS. BUT THIS IS THIS IS JUST CHECK, CHECK, CHECK. WHY DO WE EVEN SHOW UP IF THIS IS GOING TO BE JUST CHECK MARKS AND WE'RE NOT GOING TO, WE'RE NOT GOING TO ACTUALLY THINK THIS THING THROUGH 12 WELLS IN ONE DAY. HOW MANY WELLS DO WE CURRENTLY HAVE? HOW MANY CURRENT? WE'VE GOT FIVE OVER ON LOOP 250 AND ANDREWS HIGHWAY. AND THEN DON'T WE HAVE ALREADY 9 OR 10 IN THE COLLEGE? SO HE'S JUST WANTING TO ADD MORE WELLS THERE. AND I CAN TELL YOU RIGHT NOW, I HAD A CHILD THAT WORKED AT THE PRIVATE AIRPORT THERE. IF THERE WAS ANYTHING THAT NEEDED TO BE DONE FOR HIM. DAVID ARRINGTON, PERMIAN, DEEP ROCK, IT WAS DONE.

BUT THE MAINTENANCE OF THAT AIRPORT WAS ABYSMAL. AND IF WE'RE GOING TO BE HAVING PRIVATE JET LINERS AND BILLIONAIRES FLYING IN, WE NEED TO MAKE SURE THAT'S PRESENTABLE AND MAYBE IMPACT FEES. WHERE ARE THE IMPACT FEES? WE THAT'S SOMETHING WE CAN CHARGE THEM.

THAT'S SOMETHING WE SHOULD BE CHARGING ANYONE. REGARDLESS. WE CAN'T. GUYS, WE CAN'T KEEP PUTTING THESE HEAVY TRUCKS ON A ROAD. IT'S A DANGER. WE ARE ALL GOING TO HAVE KIDS DRIVING ON THESE ROADS. I AM SO GRATEFUL THAT MY DAUGHTER AND HER LITTLE TERRAIN DENALI IS IN LUBBOCK

[00:50:02]

OKAY, I HAVE NO FURTHER REQUEST TO SPEAK, AND SO IF THERE'S ANY QUESTIONS FROM COUNCIL. OKAY, THEN I'LL LOOK FOR YOUR ACTION ON ITEM NUMBER 13. WE HAVE A MOTION FROM COUNCILWOMAN POOLE AND A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE.

[14. 088-2026 - MOTION AUTHORIZING THE CITY'S PAYMENT IN THE AMOUNT OF $150,000.00 TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF TRAFFIC SAFETY IMPROVEMENTS LOCATED AT THE INTERSECTION OF STATE HIGHWAY 158 AND STATE HIGHWAY 191 (DISTRICT: 4) (ENGINEERING SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE) ]

SO WE'RE PAYING 50% OF THE COST. THE GOOD NEWS IS, IS WE BELIEVE STOTT'S CONTRACTOR IS READY TO DO THIS THIS CALENDAR YEAR. SO IT'LL BE A BIG ADDITION TO HELP TRAFFIC FLOW THROUGH THAT INTERSECTION AND ADDRESS A BIG SAFETY ISSUE. AND THERE'S SO MUCH INCREASED TRAFFIC RIGHT THERE. SO WE WE KNOW THIS IS DESPERATELY NEEDED. RIGHT. THANK YOU VERY MUCH. I THINK REALLY HIGHLIGHTING THE PARTNERSHIP WITH TEXDOT. I MEAN, I THINK WE THE CITY AND THE STATE RECOGNIZES THE INCREASE IN TRAFFIC FLOW AND THE FACT THAT WE'RE COMING TOGETHER AND DOING THIS QUICKLY AND SPLITTING THE COST IS, I THINK IS REALLY IMPORTANT. AND WE DROVE THAT WITH JOSE AND ELIZABETH LAST WEEK, JUST, YOU KNOW, WE GOT STUCK IN THAT LIGHT AT 2:00 IN THE AFTERNOON OR WHATEVER IT WAS. AND SO JUST SEEING THE AMOUNT OF TRAFFIC AND THE KIND OF TRAFFIC THAT'S GOING THROUGH THAT AREA, THIS IS VERY NEEDED. AND THANK YOU VERY MUCH FOR ACCELERATING THIS PROJECT. THANK YOU VERY MUCH. OKAY. I HAVE NO FURTHER REQUEST TO SPEAK ON ITEM 14, SO I'LL LOOK FOR ACTION. OR WE HAVE A MOTION FROM COUNCILMAN BURKS.

WE HAVE A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. WE'LL MOVE FORWARD TO ITEM NUMBER 15,

[15. 2026-146 - RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE, ON BEHALF OF THE CITY OF MIDLAND, A SIXTY (60) DAY WRITTEN NOTICE OF TERMINATION OF CITY CONTRACT NO. 26002332 WITH FLOCK GROUP, INC. DBA FLOCK SAFETY FOR LICENSE PLATE RECOGNITION CAMERA SUBSCRIPTION SERVICES; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAID TERMINATION (DISTRICT: ALL) (IT) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT) ]

AND AND AGAIN, I THINK THIS IS A GOOD DAY FOR MIDLAND. I'LL ECHO THAT. I THINK THE THE FLOCK CAMERAS ARE INCREDIBLY POWERFUL. I THINK WE'VE HAD TWO INCIDENCES IN THE LAST WEEK WHERE THEY WERE USED TO VERY QUICKLY APPREHEND A SUSPECT. BUT AGAIN, THEY'RE ALSO VERY POWERFUL IF THEY'RE ABUSED. AND THAT'S IS BECOMING CONCERNING IN THE, YOU KNOW, THE NUMBER OF CAMERAS THAT ARE JUST GETTING ADDED TO OUR AREA EVERY DAY. YOU KNOW, EITHER EITHER BY CITIES OR COUNTIES OR EVEN PRIVATE PRIVATE ENTITIES ARE ABLE TO ADD THESE CAMERAS. AND IT IS GETTING TO BE WHERE IT IS. A ENTIRE NETWORK OF CAMERAS. AND SO I'M KIND OF WITH COUNCILMEMBER COLTER, THE GOOD AND THE BAD ARE REALLY STARTING TO KIND OF TEETER. AND I HOPE WE THIS ISN'T THE END OF THIS CONVERSATION BECAUSE IT IS A VERY POWERFUL TOOL AND IT IS

[00:55:02]

AND I THINK THE DIFFERENCE TO ME IS WHEN YOU GO ON FACEBOOK, YOU SIGN UP FOR FACEBOOK OR TWITTER OR TIKTOK, YOU'RE VOLUNTARILY SIGNING AWAY ALL YOUR INFORMATION TO ALL THESE COMPANIES. BUT THIS IS AN INVOLUNTARY RELINQUISHMENT OF INFORMATION. AND FLOCK IS ESSENTIALLY A MONOPOLY FROM WHAT WE'VE SEEN. AND WE DON'T KNOW WHAT THEY'RE USING THAT DATA FOR. WE DON'T KNOW WHAT DATA IS BEING COLLECTED. BUT I DO I MEAN, THE LAW ENFORCEMENT SIDE OF IT IS, IS YOU JUST CAN'T SAY ENOUGH ABOUT IT. IT'S A GREAT, GREAT TOOL, BUT I'D LIKE TO SEE OTHER OPTIONS IN THE FUTURE. IF THEY COME AVAILABLE. BUT I'M NOT COMFORTABLE WITH THIS PARTICULAR ONE. AND I DO WANT TO MAKE A COMMENT TO. WE WILL HAVE CAMERAS STILL TO BE ABLE TO KEEP EYES ON, LIKE THE GOLF COURSE AND SOME OTHER THINGS TO MAKE SURE THAT IF SOMEBODY IS OUT THERE DOING SOMETHING THEY'RE NOT SUPPOSED TO BE, THAT WE CAN CATCH THEM. BUT THOSE CAMERAS ARE OWNED AND OPERATED BY THE CITY OF MIDLAND.

THEY ARE NOT OWNED AND OPERATED BY A CORPORATION THAT IS DOING WHO KNOWS WHAT WITH THE DATA. I THINK ALL OF THESE CONVERSATIONS ARE THINGS THAT WE'VE NEEDED. WE'VE HAD SOME OF THESE CONVERSATIONS PUBLICLY, BUT WE NEEDED TO HAVE A MORE ROBUST DIALOG ABOUT IT. AND I THINK WE RECOGNIZE THAT OUR POLICE DEPARTMENT VALUES THE UTILITY OF THESE CAMERAS, AND WE HAVE POLICE OFFICERS WHO DON'T AGREE WITH THE DECISION THAT WE'RE PROPOSING TO MAKE TODAY. WE RECOGNIZE THAT. AND WHAT I WOULD LIKE TO SAY TO THOSE OFFICERS AND TO COMMUNITY MEMBERS WHO ARE MAY SHARE THOSE SAME CONCERNS. WE'RE STILL AT THE TABLE TO HAVE FURTHER CONVERSATIONS TO PROVIDE THE TECHNOLOGY THAT IS NEEDED TO HELP THOSE OFFICERS DO THEIR JOBS WELL. BUT WE WANT TO MAKE SURE THAT WE'RE PROTECTING INDIVIDUAL LIBERTY AT THE SAME TIME. AND SO WHAT WE'RE PROPOSING TODAY IS ONE DECISION THAT IS PART OF A LONG TERM WORKING TOGETHER TO FIND THE BEST SOLUTIONS FOR MIDLAND AND OUR SURROUNDING COMMUNITIES TO FIND THE BEST SOLUTIONS FOR CITIZENS. AND SO WE WILL BE REVISITING SOME OF THESE CONVERSATIONS. WE'RE GOING TO CONTINUE TO HAVE DIALOG WITH COMMUNITY MEMBERS, WITH LAW ENFORCEMENT, TO FIND THE THINGS THAT ARE APPROPRIATE. BUT THERE IS ENOUGH QUESTION AT THE STATE AND THE FEDERAL LEVEL RIGHT NOW TO GIVE US ALL PAUSE. AND THOSE ARE LEGITIMATE QUESTIONS THAT MANY OTHERS ARE ASKING. SO WE'RE GOING TO WATCH ALL OF THOSE THINGS PLAY OUT. WE'RE GOING TO STAY ENGAGED IN THAT CONVERSATION. THE OTHER PART OF THIS, FROM MY PERSPECTIVE, IS WE WERE AT AN INFLECTION POINT WHERE WE EITHER HAD TO RENEW THE CONTRACT OR WE HAD AN OPPORTUNITY TO TERMINATE THE CONTRACT AT NO COST. AND SO HAD WE DELAYED THIS DECISION AND JUST GONE AHEAD AND LET IT RENEW, IF WE MADE THIS DECISION AT A LATER DATE, WE WOULD HAVE BEEN INCURRED COST. AND SO WE'RE DOING THIS TODAY AT A TIME THAT IT DOESN'T INCUR COST TO US TO ALLOW THIS CONVERSATION TO CONTINUE TO PLAY OUT. RECOGNIZING THAT THERE'S MORE DIALOG TO HAPPEN AND MORE SUPPORT THAT WE INTEND TO PROVIDE TO OUR OFFICERS. SO THAT'S MY POSITION, IS I'M GLAD THAT WE'RE WE'RE DOING THIS TODAY, BUT THE CONVERSATION IS NOT OVER JUST BECAUSE WE TAKE ACTION TODAY. I DO HAVE A QUESTION AS FAR AS THE ACTUAL CAMERAS THEMSELVES, HOW QUICKLY WILL FLOCK BE ABLE TO COME AND REMOVE THOSE? I THINK IN SOME OF THE CONVERSATIONS THAT WE HAD JUST WITH COUNCIL MEMBERS, WE WERE WORRIED THAT IN THE IN THE WAITING PERIOD THAT THEY WOULD STILL BE COLLECTING DATA. AND I JUST WANTED TO MAKE SURE THAT THEY WOULD BE REMOVED IN AN EXPEDITIOUS MANNER. THEY HAVE 60 DAYS TO REMOVE THEM, AND WE WILL BE IN CONTACT WITH THEM DEPENDING UPON YOUR DECISION. AS SOON AS THAT HAPPENS, WE WILL BE IN CONTACT WITH THEM. IF THEY DO NOT GET THEM REMOVED IN 60 DAYS, CAN WE TAKE ACTION OURSELVES TO REMOVE THOSE? I BELIEVE WE CAN, BUT I'LL DEFER TO NICHOLAS ON THAT.

THE CONTRACT DOES NOT PROVIDE FOR THE CITY OF MIDLAND'S TAKING ACTION TO REMOVE THOSE CAMERAS ITSELF. I KNOW THEY'VE BEEN VERY DIFFICULT TO GET AHOLD OF, AND THEIR RESPONSE TIME HAS NOT BEEN WHAT IT SHOULD BE. DO WE HAVE ANY KIND OF MECHANISM TO FORCE THEIR HAND? I'VE BEEN ABLE TO CONTACT THEM A LITTLE BETTER HERE RECENTLY, SO WE'VE HAD SOME CONTACT WITH THEM ON SOME OTHER ISSUES THAT I'M WORKING SO THAT, YOU KNOW, THAT GIVES US A LITTLE, LITTLE BIT, BUT I'M SURE THEY'RE PRETTY BUSY WITH. GOING ON. I JUST DON'T WANT US TO GET IN A SITUATION WHERE 6 OR 9 MONTHS LATER, WE'RE STILL TALKING ABOUT THESE CAMERAS THAT ARE STILL BEING UP. AND SO I WOULD LIKE TO EXPLORE ANY KIND OF MECHANISM THAT WE HAVE,

[01:00:01]

WE HAVE 73. ALL OF THEM ARE STATIONARY. WE HAVE TWO PORTABLE ONES. THEY ARE NOT IN USE RIGHT NOW. SO ALL OF THOSE ARE STATIONARY. SO DO WE HAVE ANY LIKE THE MOBILE ONES THAT WE CAN MOVE AROUND. DO WE HAVE ANY OF THOSE THAT ARE NOT FLAT? OH YES SIR, YES SIR. WE DO HAVE WE HAVE CAMERAS. WE HAVE OUR OWN CAMERAS. WE HAVE RED LIGHT OR NOT RED LIGHT CAMERAS, BUT CAMERAS AT INTERSECTIONS TO CAPTURE DATA AS FAR AS TRAFFIC IS CONCERNED. AND TO THE MAYOR'S POINT, WE ARE LOOKING AT WAYS TO ACTUALLY GIVE OUR POLICE DEPARTMENT THE THE ADDED, YOU KNOW, WITH THE CAMERAS, WITH WHAT THE GOOD THINGS THAT FLOCK BRINGS TO US, BUT JUST WITH WITHOUT FLOCK HAVING THAT INFORMATION. SO WE ARE WE ARE HAVING THOSE CONVERSATIONS.

MORRIS SAID THAT TO YOUR POINT, MAYOR, BUT THOSE WOULD BE OUR CAMERAS, NOT FLOCKS. JUST TO BE CLEAR ABOUT THE SAME TECHNOLOGY, BUT NO ONE WOULD BE ABLE TO WE WOULD HAVE VIDEO TECHNOLOGY.

YES, MA'AM. AND THEN IF SOME OF THEM ARE ENABLED AND OUR IT DEPARTMENT IS WORKING, MORRIS HAS THEM WORKING ON IT ALREADY SO THAT WE CAN ACTIVATE THOSE FOR THIS KIND OF PURPOSE, SO THAT THE POLICE DEPARTMENT IS NOT LEFT IN THE BLIND WITH RESPECT TO THAT TECHNOLOGY. I ALSO WANTED TO POINT OUT, MAYOR, Y'ALL ALLUDED TO THIS, BUT JUST TO BE CLEAR, FOR THE PUBLIC, THIS WAS TIED TO SOME STATE AND FEDERAL FUNDING AND SOME BILLS AND OR LAWS THAT ALREADY HAVE BEEN PASSED. SO IT GOES BEYOND THE FACT THAT OBVIOUSLY THERE IS A YOU USE FOR IT. THESE KIND OF CAMERAS MAYBE NOT FLOCK, BUT CAMERAS HAVE BEEN IN USE FOR QUITE SOME TIME NOW. I REMEMBER USING THEM IN THE EARLY 2000 AND THEY'RE BENEFICIAL. BUT BUT THESE PARTICULAR ONES MANIPULATE THE DATA AND SHARE IT ACROSS ALL THESE DIFFERENT ENTITIES. THAT DOES NOT PREVENT THE POLICE DEPARTMENT FROM ASKING FOR DATA FROM OTHER CITIES BASED ON WHATEVER CRIMINAL ACTIVITY HAPPENS HERE THAT THEY CAN COORDINATE. THAT EFFORT MIGHT BE AN EXTRA STEP, BUT THEY CAN THEY CAN STILL DO THAT. YEAH, I DON'T WANT TO. I SAID A LOT ON THIS TOPIC, BUT I'LL JUST LEAVE WITH ONE LAST THING ON HERE IS THAT I KNOW WE'VE HAD CONVERSATIONS ABOUT PROPER PROCEDURES AND PROTOCOLS WHEN EVEN THE CAMERAS THAT WE DO HAVE ACCESS TO ON HOW THAT DATA IS TAKEN CARE OF, WHO HAS ACCESS TO THAT DATA, AUDITING MECHANISMS TO MAKE SURE THAT PEOPLE AREN'T LOOKING AT DATA THAT THEY'RE NOT SUPPOSED TO BE WITHOUT DUE CAUSE. SO WE WANT TO ENSURE THAT ANYTHING THAT, THAT WE IMPLEMENT THAT USES SOME TYPE OF VIDEO TECHNOLOGY OF SOME SORT, THAT WE'RE ALWAYS ENSURING THAT, THAT WE HAVE PEOPLE THAT ARE NOT MISUSING THAT TECHNOLOGY. WE JUST NEED GUARANTEES THAT THE DATA IS NOT BEING SOLD OR PASSED ALONG TO THIRD PARTIES. AND THAT STAYS PUT WHERE IT IS AND, AND THAT WE'RE LIABLE AND NOT SOME CORPORATION. YEAH. ALL RIGHT. WE DO HAVE REQUEST TO SPEAK ON THIS ITEM. SO I'D LIKE TO INVITE MARCIN MENDIOLA TO COME FORWARD AND MAKE PUBLIC COMMENT AT THIS TIME. WELCOME. GO FOR IT. SIT DOWN. COME ON. OKAY. GOOD MORNING, MAYOR AND MEMBERS OF THE CITY COUNCIL. MY NAME IS MERSINI MENDIOLA. I'M A LEVEL TWO IT SYSTEMS ENGINEER WITH NEARLY 12 YEARS EXPERIENCE IN INFORMATION TECHNOLOGY, AND I CURRENTLY SERVE ON THE SERVER TEAM FOR MILAN MEMORIAL HOSPITAL. I'M HERE JUST AS A CONCERNED CITIZEN AND IN OPPOSITION TO, YOU KNOW, KEEPING THE FLOCK CAMERAS HERE. I DO RECOGNIZE THAT FLOCK CAMERAS CAN ASSIST CRIMINAL INVESTIGATIONS. HOWEVER, THERE'S A FUNDAMENTAL DIFFERENCE BETWEEN INVESTIGATING SUSPECTED CRIMES AND RETAINING EVERYONE'S MOVEMENTS IN CASE THE INFORMATION BECOMES USEFUL SOMEDAY. WILLIAM BLACKSTONE WROTE, IT IS BETTER THAT TEN GUILTY PERSONS ESCAPE THAN THAT ONE INNOCENT SUFFER. I'D LIKE TO OFFER A THOUGHT EXPERIMENT

[01:05:03]

THAT WAS WELL CRAFTED. THANK YOU. THANK YOU. AT THIS TIME, I WOULD LIKE TO CALL LANCE WINKLER TO COME FORWARD AND MAKE PUBLIC COMMENT ON ITEM 15. GOOD MORNING COUNCIL, LANCE WINKLER. I'M GLAD THIS HAS ACTUALLY COME TO A DISCUSSION ON THIS. IT IS ACTUALLY FLOCK IS ACTUALLY AVAILABLE TO 1500 AGENCIES CAN ACTUALLY AUTHOR CAN ACTUALLY LOOK INTO THIS INFORMATION. THEY'RE ALSO EXTREMELY VULNERABLE TO OUTSIDE ATTACK. AND IA12 YEAR OLD, CAN GET INTO IT IN 15 MINUTES. THERE'S ACTUALLY VIDEO OF THE 12 YEAR OLD DOING IT IN UNDER 15 MINUTES. I WOULD SAY DON'T REPLACE THIS WITH ANY OTHER SYSTEM. RESPECTFULLY, MISTER LADD, THERE ARE OTHER COMPANIES. IT IS EXXON WHICH YOU'VE OPENED THE DOOR FOR, AND IT IS MOTOROLA, WHICH ALSO DOES THESE SAME KIND OF TECHNOLOGIES, BUT THEY HAVE MORE SECURITY AND MORE POLICING ON SAID DEVICES. I WOULD SAY DON'T REPLACE THIS TECHNOLOGY. USE THE MONEY FOR RECRUITMENT FOR OUR LOCAL POLICE. USE IT FOR RECRUITMENT FOR OUR LOCAL FIRE DEPARTMENT.

HEY, WE CAN PINCH SOME PEOPLE FROM OTHER TOWNS DO WITH THAT. THANK YOU. THANK YOU FOR YOUR COMMENT. WE HAVE ANOTHER THAT DOES NOT WANT TO SPEAK, BUT ALSO WANTS TO REGISTER SUPPORT FOR THIS ITEM. CINDY WILLIAMS, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? OKAY.

WE JUST SAT HERE, BUT LESS THAN SIX MONTHS AGO BEGGING YOU GUYS NOT TO GO WITH THE FLOCK CAMERAS. THERE WAS LEGITIMATE CONCERN THEN, AND THERE'S EVEN MORE LEGITIMATE CONCERN. BUT BECAUSE THIS CROWD FELT THE CONCERN AND YOU DIDN'T, IT WAS PASSED 6 TO 0. OKAY. WE HAVE SPENT THIS MONEY. THE DATA HAS BEEN COLLECTED. MY HUSBAND SAID, WHY GET RID OF IT? BECAUSE HE KNOWS I DRIVE ALL OVER HELL AND HALF OF GEORGIA ANYWAYS. SO HE WAS LIKE, THEY'VE ALREADY GOT ALL YOUR INFORMATION. WHAT DOES IT MATTER NOW? IF OUR POLICE DEPARTMENT WAS SO SECURE? I SPOKE LAST MEETING ABOUT THIS. IF OUR POLICE DEPARTMENT WAS SO SECURE IN THE FLOCK CAMERAS, THEY WOULD NOT HAVE CHASED A 16 YEAR OLD DOWN THE WRONG WAY OF LOOP 250, CAUSING HIS FATAL DEATH. HE CAUSED HIS OWN FATAL DEATH THAT WOULD NOT HAVE HAPPENED. THEY WOULD HAVE RELIED ON THEIR SOURCES FOR THE FLOCK CAMERAS. WE HAVE A UNCERTAINTY IN THIS SYSTEM.

THERE'S THERE IS NOTHING THAT IS GOOD GOING TO COME FROM THIS NOW. I DO ACTUALLY KNOW OF THE CAMERA SYSTEM HERE, AND I HAVE SEEN IT FIRSTHAND. AND IT'S ABSOLUTELY INCREDIBLE WHAT THE CITY MONITORS EVERY SINGLE MAJOR INTERSECTION, EVEN ONES THAT AREN'T. AND THE CAMERA SYSTEM IS IMPECCABLE. I WAS EXPECTING TO SEE A GRAINY SCREEN. YOU CAN SEE THINGS VERY CLEARLY. I THINK WE NEED TO STEP BACK. AND I DO BELIEVE THAT WE NEED TO BE ENFORCING

[01:10:03]

GOOD MORNING. THANK YOU FOR LETTING ME SPEAK TODAY. I REALIZE THIS IS PROBABLY A LITTLE BIT REDUNDANT BECAUSE BASED ON EVERYTHING I'M HEARING FROM Y'ALL AND FROM PEOPLE BACK HERE, IT'S PROBABLY ALREADY A DONE DEAL. I WOULD JUST ECHO MR. WINKLER'S COMMENT THAT WE DON'T WANT THIS REPLACED. OKAY? WE DIDN'T CONSENT TO BEING WATCHED. WE DON'T LIKE OUR INFORMATION BEING STORED ON SOME SERVER SOMEWHERE. LIKE CHANDY WAS SAYING, WE DON'T KNOW WHERE THIS INFORMATION IS NOT GOING TO BE DELETED. EVERY SINGLE ONE OF US IN THIS ROOM HAS A PROFILE SOMEWHERE ON THE SERVER, AND THAT HAS BEEN HACKED. I'VE SAW I'VE SEEN RUMORS THAT IT'S EVEN BEING SOLD ON THE BLACK MARKET. THAT SHOULD FREAK EVERY SINGLE PERSON IN THIS ROOM OUT, BECAUSE I DON'T WANT MY INFORMATION BEING SOLD. I DON'T WANT MY PROFILE BEING STOLEN SOMEWHERE ELSE. SO WE ARE NOT JUST ASKING YOU TO TO KEEP UP GOING WHAT YOU'RE DOING AND CANCELING THIS CONTRACT, BUT ALSO TO MAKE A COMMITMENT NOT TO DO ANYTHING ELSE. WE DON'T WANT FLOCK, WE DON'T WANT X, AND WE DON'T WANT MOTOROLA. WE DON'T WANT ANY ALPR SYSTEM IN PLACE BECAUSE IT'S A WARRANTLESS SEARCH. EVERYBODY DESERVES THEIR OWN PRIVACY. AND AS MISS WILLIAMS WAS SAYING, WE HAVE PLENTY OF OTHER CAMERAS ELSEWHERE. THIS IS NOT LIKE A ONE AND DONE THING. THIS IS NOT THE ONLY THING THAT POLICE CAN USE. SO I JUST THANK YOU FOR REEVALUATING THE DATA AND CHANGING YOUR MIND AND BEING WILLING TO CANCEL THE CONTRACT. AND I JUST, LIKE I SAID, I WOULD ENCOURAGE THAT TO GO A STEP FURTHER AND SAY, WE'RE NOT GOING TO DO THIS AT ALL. GOING MOVING FORWARD. THANK YOU.

THANK YOU FOR YOUR COMMENTS. THAT CONCLUDES OUR REQUEST TO SPEAK FOR THIS ITEM. DO WE HAVE ANY FURTHER COMMENTS FROM COUNCIL MEMBERS OR ANY ACTION? WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER, A SECOND FROM COUNCILMAN STUBBS. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. MAYOR. JUST ONE CLARIFICATION. THIS WAS ACTUALLY IN PLACE IN 2021. I BELIEVE THAT OTHER ONE WAS SIMPLY SOME SOME KIND OF AMENDMENT OF SOME SORT. SO JUST WANTED TO BE CLEAR ABOUT THAT FOR THE PUBLIC. OKAY. THANK YOU VERY MUCH. THE MOTION CARRIES UNANIMOUSLY. THANK YOU VERY MUCH. WE WILL MOVE FORWARD TO ITEM NUMBER 16, A MOTION

[16. 089-2026 - MOTION AUTHORIZING THE APPROPRIATION OF THE SUM OF $500,000.00 FROM THE PARKS BOND FUND TO A PROJECT FOR IMPROVEMENTS AT C.J. KELLY PARK (DISTRICT: 4) (PARKS AND RECREATION) (QUALITY OF LIFE AND PLACE) ]

YEAH, I THINK EXACTLY. WE HAD SOME CONCERNS FROM CITIZENS AND THEIR KIDS WERE PLAYING ON THOSE FIELDS AND THE CONDITION WAS CONCERNING. AND SO I'M GLAD THAT WE'RE DOING THIS. SO IF YOU COULD JUST KIND OF GIVE US A QUICK OVERVIEW ON WHAT'S GOING TO BE DONE TO HELP THE KIDS. THANK YOU FOR YOUR COMMENTS. WE'RE PUTTING IN NEW FIELDS AND OTHER LOCATIONS. SO

[01:15:02]

SO I ACTUALLY HAVE A QUESTION. WHAT IS THE PARKS BOND FUND? DID WE PASS A BOND ON THE PARKS? HOW HOW LONG WAS THAT? NONE OF THIS INFORMATION WAS AVAILABLE ONLINE. SO I WOULD LIKE SOME MORE INFORMATION ON WHY WE'RE CALLING IT A BOND, BECAUSE I DON'T REMEMBER A BOND BEING PASSED, BUT I COULD BE MISTAKEN. ALSO, IF WE'RE GOING TO BE POURING OUR MONEY INTO THESE PARKS, PLEASE. IT'S CALLED PRE-EMERGENT. IT WORKS. AMAZING. WE NEED TO BE PUTTING THAT ON BUDGET AS WELL. THAT'S WHAT'S GOING TO KEEP THE STICKERS AT BAY. THOSE WEEDS. I'M FINDING THEM IN MY YARDS NOW AND THAT'S FROM MY SON RIDING HIS BIKE UP, YOU KNOW, TO THE PARK. AND I MEAN SIMPLY WRITING. I'M SURE HE'S GOING OFF ROADING, BUT HE BRINGS THOSE STICKERS HOME TO MY HOUSE. AND MY NANA USED TO SAY THAT THOSE ALL CAME FROM THE CEMETERY OUT ON THE OUTSKIRTS. WELL, THEY'RE NOW IN AND THEY ARE THE MOST PAINFUL THINGS. THEY'RE PAINFUL FOR OUR PETS. THEY'RE PAINFUL FOR ALL OF OUR ANIMALS, OUR CATS INCLUDED. AND WE JUST NEED TO PUT SOME PRE-EMERGENT DOWN. AND THAT GOES DOWN TWICE A YEAR. I'M SURE YOU GUYS CAN GET SOMETHING PROBABLY MORE EFFICIENT THAN WHAT WE CAN GET, BUT THAT'S GOING TO HELP WITH THAT. I SEE THE OVERSEEDING AND EVERYTHING, BUT I DON'T SEE ANYTHING FOR THE STICKER MITIGATION, AND THAT IS SOMETHING WEST TEXAS IS KNOWN FOR IS STICKERS. I MEAN, IT'S GOAT HEADS AND KHAKI WEED. BUT I WOULD LIKE SOME CLARIFICATION. WHAT IS THE PARKS BOND FUND AND WHEN WAS IT PASSED? IF IT IS A BOND OR ARE WE JUST CALLING IT A BOND? SO IF I COULD GET CLARIFICATION ON THAT, I WOULD GREATLY APPRECIATE IT. CHRISTY. GOOD MORNING, MAYOR AND COUNCIL.

CHRISTY WICKLUND, CFO YES, IN 2025, THERE WAS A $25 MILLION PARKS BOND THAT WAS PASSED. AND JUST FROM SOME OF THE SAVINGS FROM SOME OF THE OTHER PROJECTS, WE HAVE MONEY TO DO THINGS LIKE THIS. EXCELLENT. SO THIS WAS THE BOND THAT HELPED TO C BEALE PARK. THAT IS CORRECT. SO JUST TO JOG THE COMMUNITY'S MEMORY, WE HAD SET ASIDE OIL AND GAS REVENUE TO PAY FOR THE BEALE PARK IMPROVEMENTS. WE NEEDED THAT THAT REVENUE TO SOLVE THE FIRE PENSION FUND ISSUE. AND SO WE USED CASH TO SOLVE THE FIRE PENSION FUND ISSUE. AND THEN WE, AS COUNCIL, DECIDED THAT THE BEALE PARK PROJECT WAS STILL SIGNIFICANT ENOUGH IMPORTANCE TO OUR COMMUNITY THAT WE WENT FORWARD WITH IT. AND THAT DECISION SAVED OVER $60 MILLION BECAUSE WE DIDN'T HAVE TO ENGAGE IN A PENSION OBLIGATION BOND, WHICH HAD BEEN A LOT MORE EXPENSIVE. I THINK THE INTEREST RATE WOULD HAVE BEEN CLOSER TO 7.5%. AND JUST LIKE IN THE IN THE ROAD BONDS, THERE'S SAVINGS WITH PROJECTS, BUT THERE'S ALSO THE INTEREST THAT ACCUMULATES THAT WE CAN USE ON SIMILAR PROJECTS. AND LORI, TO CAN YOU REFRESH MY MEMORY? BUT I KNOW THAT RECENTLY WE'VE TAKEN ON SOME OF THE TASKS OF DOING SOME OF THE CHEMICAL TREATMENTS AND THINGS OURSELVES TO BE ABLE TO SAVE MONEY. YES, SIR, I WOULD LIKE TO SPEAK TO THAT. SO WE WE HAVE ALWAYS HAD A PROGRAM WITH FERTILIZATION AND PRE-EMERGENT WITH OUR CONTRACTORS IN THE PARKS, BUT WE HAVE NOT BEEN COMPLETELY SATISFIED, SATISFIED WITH THOSE. SO IN THE LAST TWO YEARS, WE HAVE A LOT OF STAFF THAT HAS RECEIVED CERTIFICATION FOR PESTICIDE AND HERBICIDE APPLICATION. SO WE HAVE IN STAFF, IN-HOUSE PEOPLE NOW ON OUR STAFF THAT CAN DO THAT WORK. SO WE'VE PURCHASED THEM A, A BUGGY TO, TO UTILIZE IN THE PARKS TO DO THOSE APPLICATIONS. AND WE HAVE INCREASED OUR CHEMICAL BUDGET TO BE ABLE TO DO PRE-EMERGENT IN-HOUSE TO SOLVE SOME OF THOSE ISSUES WITH THE STICKERS, BECAUSE WE KNOW THAT'S BEEN A LONG STANDING PROBLEM. IT'S BEEN AN ENTIRE CULTURE SHIFT. ORGANIZATIONALLY, THE COUNCIL IS PART OF YOUR STRATEGIC PLAN. YOU TALK ABOUT INNOVATION AND TALK ABOUT HAVING EXCEPTIONAL SERVICES IN WEST TEXAS. SO THE TRAINING WE'VE UPPED THE TRAINING. THAT'S A GOOD EXAMPLE OF IT. WE HAVE PEOPLE CERTIFIED IN OTHER AREAS THAT HAVE NOT ONLY SAVED US MONEY BUT BECOME MORE EFFICIENT. LIKE SHE JUST EXPLAINED. ABSOLUTELY. THERE'S A LOT OF THINGS THAT DOESN'T REQUIRE A THIRD PARTY

[01:20:04]

[17. 090-2026 - MOTION AUTHORIZING THE APPROPRIATION OF THE SUM OF $500,000.00 FROM THE PARKS BOND FUND TO A PROJECT FOR IMPROVEMENTS AT WINDLANDS PARK (DISTRICT: 3) (PARKS AND RECREATION) (QUALITY OF LIFE AND PLACE) ]

SO WE'VE ALREADY DONE A QUICK FIX, I WOULD SAY IS THANKS TO OUR TRANSPORTATION GUYS, THEY'VE CHANGED THE DIRECTION OF THE ALLEY THERE THAT FLOWS THROUGH. I THINK IT'S CUMBERLAND, SO THERE CAN BE SOME EXIT DOWN TO VENTURA. SO THAT'S HELPFUL IN THE IMMEDIATE SITUATION. BUT THE ONGOING SOLUTION IS TO DO AN ENTRY OFF OF WADLEIGH. LET'S SEE IF THAT SHOWS THAT. YEAH. IN THIS AREA JUST BETWEEN THE NATURAL WALKING AREA AND THE BASEBALL FIELDS, WE CAN CONNECT STRAIGHT DOWN FROM WADLEIGH INTO THAT PARKING LOT AND CREATE A NEW ENTRY AND EXIT AT THAT LOCATION. SO WE'LL HAVE A LOT BETTER PARKING LOT FLOW CIRCULATION AS WE HAVE DAYS WHERE THERE'S BASEBALL AND SOCCER GOING ON AT THE SAME TIME, AND IT'S JUST FILLED UP. SO WE ALSO WANT TO DO AN ENTRY AT THIS LOCATION THAT WILL BE SIMILAR TO WHAT WE'RE ESTABLISHING IN ALL OF OUR PARKS. SO THIS IS ALL ENCOMPASSED IN THE FUNDING REQUEST FOR THIS PARK AS WELL. DOES IT INCLUDE RESTRIPING THE THE CENTER MEDIAN ON WADLEIGH.

IF WE'RE GOING TO ALLOW LEFT HAND TURNS INTO THAT ENTRANCE AND THAT KIND OF ANSWER THAT QUESTION. SO WE ARE ALLOWING LEFT HAND TURN IS NOT A RIGHT TURN ONLY IT DOESN'T LOOK LIKE IT. THAT'S WHAT THAT'S KIND OF THE QUESTION IS THAT THAT'S JUST GOING TO CAUSE ANOTHER POINT OF CONGESTION SO EXISTING. AND GABE CAN CAN CONCUR AS WELL. BUT WE DO HAVE A TWO WAY LEFT TURN LANE ALREADY STRIPED THAT WAY. IT JUST IS NOT USED BECAUSE THERE'S NO DRIVEWAYS.

SO YOU'LL SEE SIMILAR TRAFFIC PATTERNS LIKE YOU SEE AT THE COM, WHICH IS THE THE AQUATIC CENTER JUST EAST OF THERE. SO YOU HAVE A CUL DE SAC THAT ALLOWS THAT MOVEMENT. SO YOU'LL SEE SOMETHING VERY SIMILAR TO THAT AT THIS LOCATION AS WELL. WE ALSO DO HAVE LONG TERM PLANS, THE WIDENING EXCUSE ME, THE RECONSTRUCTION OF WADLEIGH. SO WE'LL EVALUATE AND SEE IF THERE'S ANY OTHER IMPROVEMENTS THAT ARE NEEDED. SO THIS JUST REALLY KIND OF A A LOW HANGING FRUIT OPPORTUNITY TO INTRODUCE THE DRIVEWAY. AND THEN AFTERWARDS WE'LL LOOK AT TO SEE IF THERE'S A RIGHT TURN LANE THAT'S NEEDED. BUT THAT COULD BE INCORPORATED WITH THE WADLEIGH RECONSTRUCTION PROJECT THAT GOES FROM JUST WEST OF EIGHTH STREET OUT TO GARFIELD.

YEAH. WE'LL TAKE A LOOK AT THAT. MY BIGGEST CONCERN IS PEOPLE HEADED WESTBOUND TURNING LEFT.

RIGHT. BECAUSE AGAIN, PEOPLE DO SPEED DOWN THAT ROAD. AND IT'S A VERY OPEN ROAD. AND I WANT TO MAKE SURE THAT THERE'S THE MEDIAN IS RIGHT. AND WE HAVE MONEY THERE TO RESTRIPE THAT AND ACTUALLY ADD A BREAK IN THE YELLOW LINE AND A TURNING LANE. YES, WE'LL DEFINITELY LOOK AT STRIPING PATTERNS AND ADJUST AS NEEDED. OKAY, AWESOME. THANK YOU. I'LL LOOK FOR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN STUBBS AND A SECOND FROM EVERYBODY FROM COUNCILMAN LADD. AND SO IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY.

[01:25:02]

[21. 10795 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 14, BLOCK 15, GRASSLAND ESTATES, SECTION 10, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTHEAST SIDE OF THE EASTERN TERMINUS OF HATHAWAY COURT), BY PERMITTING A REDUCED MINIMUM REAR YARD SETBACK; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

THANK YOU VERY MUCH. SO WE HAVE ITEM NUMBER 21. WE HAVE A MOTION FROM COUNCILMAN NORMAN.

DO WE HAVE ANY OTHER. WE HAVE A SECOND FROM COUNCILWOMAN POOLE. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM 22, PLEASE. AN

[22. 10796 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOTS 1 AND 2, BLOCK 10, EASTOVER THIRD EXTENSION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTH CALHOUN STREET AND WILLEYS AVENUE), BY PERMITTING A REDUCED MINIMUM LOT WIDTH AND A REDUCED MINIMUM LOT DEPTH IN THE EVENT THAT THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND IS AMENDED TO REZONE THE LOTS FROM MF-22, MULTIPLE-FAMILY DWELLING DISTRICT TO SF-3, SINGLE-FAMILY DWELLING DISTRICT; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

ORDERING RECORDATION BY THE CITY SECRETARY AND THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION. THANK YOU VERY MUCH. DO WE HAVE ANY ACTION? WE HAVE A MOTION FROM COUNCILMAN BURKHOLDER AND A SECOND FROM COUNCILWOMAN POOLE. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. WE'LL MOVE ON TO

[23. 10797 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 1 AND 2, BLOCK 10, EASTOVER THIRD EXTENSION, 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 NORTH CALHOUN STREET AND WILLEYS AVENUE); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

DO WE HAVE ACTION FROM COUNCIL ON THIS ONE OR ANY FURTHER QUESTIONS? WE HAVE A MOTION FROM COUNCILWOMAN POOLE, A SECOND FROM COUNCILWOMAN BURKS. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM 24, PLEASE. AN

[24. 10798 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 5A, BLOCK 25, CRESTGATE ADDITION, SECTION 35, CITY AND COUNTY OF MIDLAND, TEXAS, FROM LR, LOCAL RETAIL DISTRICT TO RR, REGIONAL RETAIL DISTRICT (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF CALDERA BOULEVARD AND NORTH MIDKIFF 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 (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

[25. 10799 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 0.7165-ACRE TRACT OF LAND OUT OF LOT 2, BLOCK E, JOHNSON AND MORAN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM LR, LOCAL RETAIL DISTRICT TO RR, REGIONAL RETAIL DISTRICT (GENERALLY LOCATED ON THE NORTH SIDE OF ANDREWS HIGHWAY, APPROXIMATELY 100 FEET WEST OF WARD STREET); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

[26. 10800 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 6, BLOCK 125, SOUTHERN ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM RR, REGIONAL RETAIL DISTRICT TO SF 3, SINGLE-FAMILY DWELLING DISTRICT (GENERALLY LOCATED ON THE NORTH SIDE OF EAST NEW YORK AVENUE, APPROXIMATELY 135 FEET WEST OF SOUTH LAMESA 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 (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

TERESA LOT SIX, BLOCK 125, SOUTHERN ADDITION CITY AND COUNTY OF MIDLAND, TEXAS, FROM RR REGIONAL RETAIL DISTRICT TO SF. THREE SINGLE FAMILY DWELLING DISTRICT GENERALLY LOCATED ON THE NORTH SIDE OF EAST NEW YORK AVENUE, APPROXIMATELY 135FT WEST OF SOUTH LA MESA ROAD CONTAINING. CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OR FINE OF $2,000 AND ORDERING PUBLICATION. THANK YOU VERY MUCH. WE HAVE A MOTION FROM COUNCILWOMAN BURKS, A SECOND FROM COUNCILMAN STUBBS. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. COUNCIL MEMBER. THE MOTION CARRIES 6 TO 0. THANK

[27. 10801 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 20.00-ACRE TRACT OF LAND OUT OF SECTION 29, BLOCK 38, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS, FROM AE, AGRICULTURAL ESTATE DISTRICT TO CE, COUNTRY ESTATE DISTRICT (GENERALLY LOCATED ON THE EAST SIDE OF TODD DRIVE, APPROXIMATELY 600 FEET SOUTH OF MARIE 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 (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

[01:30:04]

THANK YOU VERY MUCH. WE HAVE A MOTION FROM COUNCIL MEMBER, A SECOND FROM COUNCIL MEMBER COLTER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES 6 TO 0. THANK

[28. 10802 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 1 AND THE EAST 25 FEET OF LOT 2, BLOCK 86, WEST END ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR A TRANSITION DISTRICT TO LR, LOCAL RETAIL DISTRICT (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF WEST WALL STREET AND SOUTH M STREET); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE)]

[29. 10803 - AN ORDINANCE VACATING AND ABANDONING A 0.163-ACRE PORTION OF ALLEY RIGHT-OF-WAY OUT OF BLOCKS 21 AND 22, REPLAT OF BLOCKS 21 AND 22 OF KELVIEW HEIGHTS ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF HUMBLE AVENUE, APPROXIMATELY 160 FEET WEST OF NORTH BIG SPRING STREET) ON REQUEST OF ONE OR MORE ABUTTING PROPERTY OWNERS IN EXCHANGE FOR PAYMENT TO THE CITY OF THE SUM OF $14,228.00; RETAINING A NONEXCLUSIVE UTILITY EASEMENT; AND ORDERING RECORDATION BY THE CITY SECRETARY (FIRST READING HELD SEPTEMBER 22, 2026) (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

[30. 10804 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 1, BLOCK 4, PLAT OF BLOCKS 1, 2, 3, & 4, BERKSHIRE PLACE, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SINCLAIR AVENUE AND NORTH N STREET), BY PERMITTING A REDUCED MINIMUM REAR YARD SETBACK; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (DISTRICT: 3) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

[31. 10805 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 2, BLOCK 41, PERMIAN ESTATES, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF RUBY DRIVE, APPROXIMATELY 75 FEET WEST OF RAYMOND ROAD), BY PERMITTING (1) A REDUCED MINIMUM FRONT YARD SETBACK AND (2) 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: 4) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

THIS IS ANOTHER SPECIAL EXCEPTION FOR THE PROPERTY AT 503 RUBY. THE REQUEST HERE IS TO ALLOW FOR AN EXISTING CARPORT. THESE DO PERIODICALLY COME TO US THROUGH SEECLICKFIX, WHICH WAS THE CASE HERE. AND IN THOSE INSTANCES, WHAT WE DO IS WE LOOK TO MAKE SURE THAT THERE'S NO TRAFFIC CONCERNS. IN GENERAL, OUR CODE DOES NOT ALLOW CARPORTS IN FRONT OF THE HOUSE UNLESS YOU HAVE A VERY LARGE SETBACK. AND SO WE LOOK AT WHETHER OR NOT THERE ARE ANY TRAFFIC CONCERNS. ENSURE THAT THE CARPORT IS CONTAINED WITHIN THE PROPERTY. THAT IS THE CASE HERE. THERE ARE ALSO HOMES IN THE AREA THAT HAVE CARPORTS. AND SO WE DO RECOMMEND APPROVAL OF THIS ONE. HERE'S A LOOK AT THE CARPORT ITSELF. AND NO OBJECTIONS WERE RECEIVED WHEN

[01:35:06]

THIS ANY QUESTIONS FROM COUNCIL. ALL RIGHT. THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. WE DO HAVE A REPRESENTATIVE HERE AVAILABLE TO SPEAK ONLY IF NEEDED. AND SO I DON'T BELIEVE THERE ARE ANY QUESTIONS UNLESS YOU'D LIKE TO MAKE PUBLIC COMMENT. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN LADD. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. 32, PLEASE. AN ORDINANCE GRANTING A

[32. 10806 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR A 1.812-ACRE TRACT OF LAND OUT OF SECTION 32, BLOCK 38, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF TODD DRIVE, APPROXIMATELY 1,165 FEET NORTH OF EAST GOLF COURSE ROAD), BY PERMITTING (1) A REDUCED MINIMUM LOT WIDTH AND (2) A REDUCED MINIMUM LOT AREA; 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: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

[33. 10807 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 1, BLOCK 4, SHEELER ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST GRIFFIN AVENUE AND FISHER STREET), BY PERMITTING (1) A REDUCED MINIMUM LOT WIDTH AND (2) A REDUCED MINIMUM LOT DEPTH; 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: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

ORDERING RECORDATION BY THE CITY SECRETARY AND THE DEED RECORDS OF MIDLAND COUNTY, TEXAS AND ORDERING PUBLICATION. THIS IS ANOTHER SPECIAL EXCEPTION FOR THE PROPERTY AT 1711 WEST GRIFFIN AVENUE. AND THIS ONE THERE IS A SUBDIVISION PLAT THAT'S MOVING AT THE SAME TIME THAT WOULD DIVIDE THE PROPERTY INTO SIX TOTAL LOTS. AND THE INTENT HERE IS TO DEVELOP SINGLE FAMILY HOMES AND THOSE LOT SIZES, SOME OF THEM DON'T MEET THE MINIMUM REQUIREMENTS OF MH TWO IN PARTICULAR DON'T MEET THE MINIMUM REQUIREMENT. HOWEVER, THERE ARE SIMILAR LOTS IN THE AREA THAT ARE OF SIMILAR SIZE, AND SO THIS JUST ALLOWS FOR THOSE EXCEPTIONS. FROM THE CODE. AS I MENTIONED BEFORE, THE INTENT HERE IS TO DIVIDE THE PROPERTY INTO SIX TOTAL LOTS SO THAT YOU CAN HAVE SEVERAL OTHER SINGLE FAMILY HOMES IN THE NEIGHBORHOOD, WHETHER THOSE BE THE THE MOBILE HOMES OR SINGLE FAMILY RESIDENTIAL HOMES. AND HERE'S A LOOK AT THE PROPERTY ITSELF. IT'S CURRENTLY LARGELY UNDEVELOPED, WITH THE EXCEPTION OF ONE SINGLE FAMILY HOME THAT CURRENTLY EXISTS. NO OBJECTIONS WERE RECEIVED WHEN NOTICE WAS SENT OUT, AND STAFF DOES RECOMMEND APPROVAL. I HAD A QUESTION ON THIS. SO THERE WAS ONE. WAS IT ONE? D, I THINK IS WHAT IT WAS ON THE PLAT ON IN THE PAPERWORK THAT WE HAVE.

THEY SHOWED THE VISION LOTS AND THERE WAS ONE THAT'S KIND OF RIGHT IN THE MIDDLE, THAT EXTREME. IT'S LIKE VERY, VERY NARROW. YES, SIR. ONE, I JUST WANT TO MAKE SURE THAT BECAUSE LOOKING AT THE PREEXISTING STRUCTURE THAT'S ON THE OTHER ONE, THAT'S GOING TO BE AN ULTRA TIGHT FIT. SO I WANT TO MAKE SURE THAT THAT IT'S ACCESSIBLE, THAT IT'S NOT GOING TO CREATE A PROBLEM FOR THE OTHER BECAUSE THEY ARE CRAMMING THOSE THINGS SO CLOSE THAT THEY'RE NOT GOING TO CREATE AN ISSUE FOR THE PEOPLE THAT ARE RIGHT NEXT TO THEM. CORRECT. NO, THERE'S NO ISSUE TO GIVE YOU AN IDEA OF THE SIZE RELATIVE TO A CASE WE RECENTLY SAW, THERE'S A MOBILE HOME DEVELOPMENT JUST SOUTH OF MASHBURN NELMS. THOSE LOTS WERE IN FACT MORE NARROW THAN THIS ONE. SO THERE IS SUFFICIENT SPACE. IT WILL BE A SMALLER HOME, BUT THERE IS SUFFICIENT SPACE. OKAY, OKAY. ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. AND WE DO HAVE ONE REPRESENTATIVE HERE TO SPEAK ONLY IF NECESSARY. I DON'T BELIEVE WE HAVE ANY QUESTIONS UNLESS YOU'D LIKE TO MAKE PUBLIC COMMENT. OKAY. SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION OR

[01:40:01]

[34. 10808 - AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOTS 1, 2, 15, AND 16, BLOCK 5, EASTOVER THIRD EXTENSION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EAST ILLINOIS AVENUE AND DONALD STREET), BY PERMITTING A REDUCED MINIMUM LOT WIDTH AND A REDUCED MINIMUM LOT DEPTH IN THE EVENT THAT THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND IS AMENDED TO REZONE THE LOTS FROM MF-22, MULTIPLE-FAMILY DWELLING DISTRICT TO SF-3, SINGLE-FAMILY DWELLING DISTRICT; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); ORDERING RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND COUNTY, TEXAS; AND ORDERING PUBLICATION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

THIS ONE IS FOR A SPECIAL EXCEPTION FOR THE PROPERTY. IN THE EVENT THAT ITEM 35 IS APPROVED, WHICH REZONES THE PROPERTY FROM MULTIFAMILY TO SINGLE FAMILY ZONING DISTRICT.

AND THE APPLICANT HERE IS HABITAT FOR HUMANITY, AND THE INTENT IS TO BUILD SEVERAL NEW SINGLE FAMILY HOMES ON THESE LOTS THAT YOU SEE IN THE IMAGE HERE AT 1710 EAST ILLINOIS. 210 AND 212 DONALD STREET. AND SO THE VARIANCE REQUEST, AGAIN, WE HAVE SOME ISSUES WITH LOTS MEETING THE APPROPRIATE SIZE. AND SO THIS GIVES THAT FLEXIBILITY. HERE'S A LOOK AT THE PROPERTIES THEMSELVES. YOU CAN SEE SINGLE FAMILY HOMES ARE IN THE AREA. SO THIS USE IS CONSISTENT WITH WHAT ALREADY EXISTS. AND AGAIN IT WOULD RESULT IN SEVERAL NEW SINGLE FAMILY HOMES FOR THE NEIGHBORHOOD. NO OBJECTIONS WERE RECEIVED WHEN NOTICE WAS SENT OUT. AND WE DO RECOMMEND APPROVAL. OKAY. ANY QUESTIONS FOR STAFF ON THIS ONE? I JUST REAL QUICK COMMENT. I REALLY WANT TO SAY THANK YOU FOR THE PERMIAN BASIN HABITAT FOR HUMANITY. I MEAN, THEY ARE TRULY BUILDING AFFORDABLE HOUSING. WE HAVE THIS CONVERSATION QUITE OFTEN ABOUT AFFORDABLE HOUSING AND MY DEFINITION OF AFFORDABLE HOUSING. AND SOMETIMES OTHER PEOPLES ARE NOT THE SAME. AND FOR, FOR THEM TO BE BEING ABLE TO PUT PEOPLE IN HOMES, THAT'S AN AMAZING THING. SO, AND YOU KNOW, WHEN WE'RE LOOKING AT SOME OF THESE SMALLER LOT WIDTHS, THAT DEFINITELY HELPS IN THESE PARTICULAR SITUATIONS.

AND SO AGAIN, JUST WANT TO TELL THEM, THANK YOU FOR THE WORK THAT THEY'RE DOING AND INFILL DEVELOPMENT THAT'S TAKING PLACE IN AREAS OF TOWN WHERE IT'S BENEFITING IT. SO, AND CONSISTENT WITH THOSE NEIGHBORHOODS NOT CHANGING THE NEIGHBORHOODS. AWESOME. OKAY.

THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. I HAVE NO REQUEST TO SPEAK ON ITEM 34.

SO I'LL CLOSE THE PUBLIC HEARING AND LOOK FOR DISCUSSION OR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN NAUMANN, A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES 6 TO 0. THANK YOU. ITEM NUMBER 35,

[35. 10809 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 1, 2, 15, AND 16, BLOCK 5, EASTOVER THIRD EXTENSION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM MF-22, MULTIPLE-FAMILY DWELLING DISTRICT TO SF-3, SINGLE-FAMILY DWELLING DISTRICT (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EAST ILLINOIS AVENUE AND DONALD STREET); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

OKAY. THANK YOU. OKAY. SO ANY FURTHER QUESTIONS FOR STAFF? THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. WE HAVE NO REQUEST TO SPEAK ON THIS ITEM. SO I WILL CLOSE THE PUBLIC HEARING AND LOOK FOR ACTION FROM COUNCIL. WE HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN LADD. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE

[36. 10810 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE AN 8.959-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK X, H.P. HILLIARD SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS, FROM SF-1, SINGLE-FAMILY DWELLING DISTRICT TO AE, AGRICULTURAL ESTATE DISTRICT (GENERALLY LOCATED SOUTHWEST OF THE INTERSECTION OF BRECKENRIDGE DRIVE AND WOODLAND PARK 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: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE A 8.959 ACRE TRACT OF LAND OUT OF SECTION TEN, BLOCK 11 H AND P HILLIARD SURVEY CITY AND COUNTY OF MIDLAND, TEXAS, FROM SF ONE SINGLE FAMILY DWELLING DISTRICT TO AGRICULTURAL ESTATE DISTRICT, GENERALLY LOCATED IN THE SOUTHWEST CORNER OF THE INTERSECTION OF BRECKENRIDGE DRIVE AND WOODLAND PARK AVENUE. CONTAINING CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OF FINE OF $2,000 AND ORDERING PUBLICATION. SO THIS IS A ZONE CHANGE REQUEST FOR CURRENTLY UNDEVELOPED PIECE OF PROPERTY LOCATED IN NORTH MIDLAND, JUST NORTH OF THE POLO FIELDS AND SOUTH OF THE WOODLANDS NEIGHBORHOOD. THE REASON FOR THE REQUEST IS TO MOVE FROM A SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO A TO ALLOW FOR HORSE GRAZING AND LAND CULTIVATION, CULTIVATION AND. OUR UNDERSTANDING IS THAT THIS IS A TEMPORARY MOVE. THERE'S NO INTENT IMMEDIATELY TO BUILD OUT THE PROPERTY. RATHER, THIS

[01:45:01]

WE ALSO PASSED OUT SOME RECENTLY RECEIVED SUPPORT LETTERS FOR THE REZONE. SO YOU HAVE A A MIX OF OPINIONS IN THE AREA, AND THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS REQUEST EARLIER THIS MONTH. AND WITH THAT, I'M HAPPY TO TAKE ANY QUESTIONS. ANY QUESTIONS? YEAH, I THINK MY MAIN CONCERN IS, IS MAKING SURE THAT WE CAN GET MOCKINGBIRD THROUGH THAT AREA AS IT'S INTENDED, ESPECIALLY WITH THAT BEING A MAJOR CORRIDOR. SO JUST WANTING TO MAKE SURE THAT THIS DOESN'T INHIBIT US FROM BEING ABLE TO MOVE ON THOSE PLANS WHEN THEY THEY COME ABOUT. YES. SO MOCKINGBIRD RUNS JUST SOUTH OF THIS PROPERTY. THE INTENDED PATH OF MOCKINGBIRD RUNS JUST SOUTH OF THIS PROPERTY. THIS ZONE CHANGE WOULD NOT WOULD NOT CHANGE THAT OR IMPACT THAT. AND AGAIN, THERE'S NO INTENT TO DEVELOP AT THIS TIME. IT'S JUST TO TO PLACE HORSES ON THE PROPERTY FOR GRAZING. SO JUST TO CLARIFY WHAT YOU JUST SAID, WE HAVE REVIEWED THE PLANNED FUTURE ROUTE FOR MOCKINGBIRD AND IT DOES NOT TOUCH THIS PROPERTY. IT RUNS JUST SOUTH. YOU CAN SEE THE WHITE IS SORT OF THE ALIGNMENT OF IT. OKAY. ANY OTHER QUESTIONS FOR STAFF. ALL RIGHT. THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. WE DO HAVE A REPRESENTATIVE OF THE APPLICANT THAT'S HERE. IF YOU'D LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT, OR YOU CAN WAIVE THAT, WHATEVER YOU'D LIKE TO DO. SURE. THANKS. I THINK MOST OF THE DAVIS, IF YOU WOULD GIVE US YOUR NAME FOR THE RECORD, PLEASE. DAVIS WARD 12, 12 WEST CUTHBERT AVENUE. THANK YOU.

EXCUSE ME. 1306 MISSOURI. MOST OF THESE ISSUES WERE ALREADY ADDRESSED. THE MAIN PURPOSE WAS REALLY JUST TO GIVE THE THE PROPERTY LIFE UNTIL THERE IS A PLAN WHICH WE DON'T HAVE A PLAN.

AND SO BEFORE IT'S AN OPEN FIELD, THAT'S MESQUITE AND NATIVE GRASS THAT THAT WHEN THE WIND BLOWS, IT JUST PICKS UP AND BLOWS ALL THE SAND AROUND. AND OCCASIONALLY PEOPLE GO AND DUMP TRASH WASHING MACHINES AND STUFF THERE. SO REALLY THE, THE FIRST POINT WAS TO FENCE IT IN AND BE ABLE TO HAVE AN EXCUSE TO GET EYES ON THE PROPERTY AND MAKE SURE IT'S CLEAN. AND THE.

THE PLAN, THERE IS NO PLAN IS EVERYTHING TO THE SOUTH IN THAT AREA IS THE POLO CLUB IN. AND WE'VE TAKEN A LOT OF THOSE TRACKS AND IMPROVED THEM AND TAKEN THEM FROM THOSE MESQUITE FIELDS TO PLANTING BERMUDA THERE JUST TO HELP HOLD THE SAND IN. AND THEN IT GIVES US A DUAL USE TO GRAZE THE HORSES AND EXPAND THE POLO CLUB AND MAKE IT JUST MORE GREEN SPACES.

THAT TOP LEFT PICTURE WAS THE LAST TIME GOOGLE MAPS WAS ABLE TO DRIVE THROUGH THERE, BUT THAT'S WHAT IT WAS BEFORE, AND NOW IT'S BERMUDA AND KIND OF IMPROVE THE QUALITY A LITTLE BIT. THE PLAN IS REALLY TO ONLY HAVE HORSES THERE 16 WEEKS A YEAR. IS REALLY THE POLO FIELD OR POLO SCHEDULE IS EIGHT WEEKS IN THE SPRING AND EIGHT WEEKS IN THE FALL, AND ONLY TURNING

[01:50:05]

THE, THE, THE CONCERNS OF IT BLOCKING THE DEVELOPMENT OF THE SF ONE. THERE'S ECHO ALL AROUND IT. AND JUST TO POINT OUT, LIKE IF THAT DOES GET ALL DEVELOPED, WE ARE NOT HOME BUILDERS AND HAVE NO INTENTION OF BUILDING A HOMES THERE, DEVELOPING A NEIGHBORHOOD. AND SO IF IT DOES GET BUILT OUT, IT'S GOING TO BE AN EMPTY FIELD ANYWAYS. SO IT'S EITHER EMPTY FIELD WITH MESQUITE, OR IF WE CHANGE IT TO A, IT GIVES US EXCUSE TO PLANT GRASS THERE AND KIND OF IMPROVE THE THE QUALITY AND HOPEFULLY MAKE IT BETTER THAN IT IS NOW. AND THEN POINTING OUT THE, THE 86%, THE TWO OBJECTIONS WERE REALLY. IT WAS IT WAS MARK PAYNE OWNING THE THE SURROUNDING AREA AROUND IT. AND THEN VIA THE HOA IN THAT TOP RIGHT CORNER. AND THEN LASTLY, THE THE MOCKINGBIRD WHICH WAS ADDRESSED. THERE IS AN ISSUE THAT THE CAD SHOWS THAT WE OWN THAT ORANGE TRACT OF LAND, WHICH WE DON'T. AND MARK, MARK PAYNE OWNS IT. I DON'T KNOW WHY IT WAS IN OUR NAME. IT NEEDS TO GET CHANGED, BUT IT DOESN'T HAVE ANY IMPACT IN THE MOCKINGBIRD. BUT IF IT. MOCKINGBIRD DOES COME THROUGH OUR TRACT, WE HAVE NO PROBLEM GIVING RIGHT AWAY. THANK YOU. WE APPRECIATE YOUR COMMENTS. ANY QUESTIONS FOR HIM? IS THE APPLICANT ALL RIGHT? THANK YOU VERY MUCH. AT THIS TIME, I'D LIKE TO CALL MARK PAYNE TO COME FORWARD AND MAKE PUBLIC COMMENT. MY NAME IS MARK PAYNE. I LIVE AT 912 ALAMOSA 79705. OVER THE YEARS I'VE WATCHED THE COUNCIL SERVE AND I'VE ALWAYS APPRECIATED YOUR SERVICE EVEN MORE SO TODAY. THANK YOU. SEPARATE DISCUSSION. NOW, MY OBJECTION OVER THE YEARS I'VE BEEN. MY SUCCESS HAS BEEN BASED ON BUILDING VALUE AND PROPERTY AND. DON'T COME IN AND DO DEVELOPMENTS THAT ALWAYS TRY TO IMPROVE THE PROPERTY I'M BUILDING AND THE PROPERTY AROUND IT. YOU KNOW, AS WE STARTED WOODLAND PARK, WE CAME IN WITH A MASTER PLAN FOR 161 ACRES AND PRESENTED WHAT PEOPLE COULD EXPECT, EXPECT IN THE AREA AROUND IT OF THE DEVELOPMENT WE WERE DOING. MY OBJECTION TO THIS IS THAT IT'S IT'S A PRETTY SUBSTANTIAL CHANGE IN AN ESTABLISHED NEIGHBORHOOD. YOU KNOW, THE THE HOMEOWNERS THAT BOUGHT OVER THE YEARS AS THEY LOOKED OUT, THE CLUBHOUSE IS RIGHT CATTY CORNER ACROSS FROM THIS. AND AT THAT ONE POINT, THEY EXPECT IT TO BE A SCHOOL SITE. THE SCHOOL SIDE WENT AWAY PROBABLY 8 OR 10 YEARS AGO, BUT IT ALWAYS HAD THE SAME ZONING, WHICH IS REALLY MORE COMPARABLE TO WHAT WHAT THIS IS THE A E IS, YOU KNOW, YOU GOT A COUPLE ACRES, YOU CAN HAVE SOME HORSES, AND IF PART OF THE POLO CLUB, IT'D BE GREAT. YOU KNOW, IF, IF IT WAS TRULY AN INTENT TO TAKE THIS TO, YOU KNOW, 3 OR 4 LOTS TO BUILD AN AGRICULTURAL ESTATE HOME, I THINK I COULD SUPPORT IT, BUT IT'S NOT THAT IT'S IT'S A TO CREATE A PASTURE FOR THE POLO PONIES. AND WHILE THEY I'LL GIVE THE POLO PARK CREDIT FOR CREATING A LOT OF GREEN OUT THERE, THEY'VE BEEN. IT TAKES A LOT OF WATER. THIS PARCEL IS ACROSS MOCKINGBIRD. THE WATER WILL NOT BE AVAILABLE. SO I DO HAVE CONCERNS ABOUT WHETHER AS A POLO'S WALK THEIR LITTLE HORSES WALK, THE ROUTES AROUND THEIR FENCES, THE DUST IT KEEPS. NOTHING GROWS THERE. AND THE POLO PARK OR THE WOODLAND PARK.

SOIL IS SUCH THAT ONCE IT GETS DRY, IT'S ALMOST LIKE TALCUM POWDER. SO. YOU GOT THE POTENTIAL. THE GREEN WOULD BE GREAT, I THINK, IF WE HAD. IF WE WERE ABLE TO GET THE GRASS AND HORSES. THAT SOUNDS KIND OF COOL. I DON'T THINK THAT'S THE REALITY OF IT. SO I THINK THAT'S MY CONCERNS. OKAY. THANK YOU VERY MUCH FOR YOUR COMMENTS. WE HAVE NO FURTHER REQUESTS TO SPEAK ON ITEM NUMBER 36. AND SO I WILL CLOSE THE PUBLIC HEARING. DO WE HAVE ANY FURTHER DISCUSSION OR QUESTIONS FROM COUNCIL MEMBERS? I JUST LIKE TO TALK. THIS IS KIND OF A WEIRD, WEIRD PART OF THE CITY, RIGHT? THERE'S A LOT OF GROWTH, A LOT OF PROSPECTIVE GROWTH IN THIS AREA. AND ACTUALLY WE TALK ABOUT THIS AREA AND MOCKINGBIRD AND THE TRAFFIC AROUND. SO I

[01:55:07]

ONE OF THE SUGGESTIONS WAS MOVING THOSE TO THE SOUTH, JUST AWAY FROM THE HOUSES KEEP.

MAJORITY OF THE TIME THE HORSES ARE ON THAT LAND ON THE SOUTH SIDE WOULD BE REALLY, REALLY HELPFUL AND JUST KIND OF MAKING THAT EASIER TO USE. SO I AGAIN, IT IS A LOW DENSITY. THIS IS GOING TO CHANGE, I THINK, IN THE NEXT 3 OR 4 YEARS AS WE REALLY LOOK AT DEVELOPING THIS LAND. AND I THINK THIS IS ACTUALLY A GOOD TEMPORARY USE OF THIS LAND JUST TO KIND OF KEEP IT OPEN, KEEP IT NOT BE SO DENSE AND KEEP IT WHERE IT PROBABLY WON'T BE DEVELOPED INTO ANYTHING SUPER DENSE FOR A WHILE. AS WE DEVELOP, MOCKINGBIRD ENVELOPED THE SURROUNDING AREA, YOU KNOW, AND I AGREE WITH YOU, BRIAN. I REACHED OUT TO SEVERAL RESIDENTS. I KNOW SOME PEOPLE IN THAT AREA. AND, YOU KNOW, I POSED THE QUESTION, WOULD YOU RATHER SEE HORSES OR WOULD YOU RATHER SEE HOUSES? AND IT WAS AN OVER OVERWHELMING. WE WOULD RATHER SEE HORSES IN GREEN PASTURES. AND, AND ESPECIALLY, YOU KNOW, AS WE GET DENSER AND DENSER. WHAT'S INTERESTING ABOUT THIS IS THAT MY TIME WHEN I DECIDED TO RUN FOR ELECTION WAS ALL BASED ON MY NEIGHBORHOOD, WHO WAS GOING THROUGH SOMETHING COMPLETELY OPPOSITE OF THIS. WE HAD A GREEN PASTURE WITH HORSES AND COWS, AND WE LOVED IT SO MUCH AS A NEIGHBORHOOD. IT WAS PEACEFUL. IT WAS SERENE. MY KIDS WOULD GO OUT THERE AND, AND SEE THE ANIMALS AND, AND IT JUST IT WAS A BREAK FROM THE NORM. AND THEN IT CHANGED. AND SO IT'S JUST REALLY INTERESTING TO SEE THE DYNAMIC HERE OF THIS IS THE EXACT OPPOSITE. SO I DO AGREE HAVING GREEN PASTURES, HAVING SOME, SOME BREAK UP OF WHAT WE SEE OUT THERE TODAY, WHICH IS A LOT OF DIRT, WHICH IS WEEDS, WHICH IS MESQUITE, AND HAVING SOMEBODY WANT TO COME IN HERE AND TAKE CARE OF IT. I MEAN, THAT'S, I KNOW I WOULD APPRECIATE SEEING GREEN SPACE. YEAH. I HAD MULTIPLE CONVERSATIONS AS WELL AND DEFINITELY HAD PEOPLE FROM ALL DIFFERENT PERSPECTIVES FROM THE NEIGHBORHOOD SURROUNDING. AND SO WE HAVE TO RECOGNIZE THAT THIS IS A DECISION WHERE WE CANNOT MAKE EVERYONE HAPPY, AND WE FIND OURSELVES IN THOSE CIRCUMSTANCES UP HERE FAIRLY OFTEN, IT SEEMS LIKE. AND SO WE WILL MAKE A DECISION HERE THAT WILL HACK SOME PEOPLE OFF. AND WE RECOGNIZE THAT. BUT I THINK THAT WE'RE GOING TO TRY TO MAKE THE BEST DECISION THAT WE CAN. ONE OF THE MOST SUBSTANTIAL CONCERNS THAT I HEARD THAT SEEMS TO HAVE THE MOST VALIDITY IS ANYTHING THAT WOULD BLOCK MOCKINGBIRD, BECAUSE THE GREATER GOOD FOR OUR COMMUNITY REALLY DOES NEED MOCKINGBIRD TO BE PUT THROUGH. AND I THINK ONCE MY MY CONCERNS ABOUT THAT WERE ALLAYED, I BELIEVE THAT THIS IS SOMETHING THAT CAN BE HELPFUL AND BENEFICIAL. AND WE HAVE SOME OPTIONS TO HELP WITH MOVING THE FEEDING TROUGHS AND OTHER THINGS. SO I THINK IT CAN BE A GOOD THING. ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS? ALL RIGHT THEN I WILL LOOK FOR YOUR ACTION ON ITEM 36. WE HAVE A MOTION FROM COUNCILMAN STUBBS. WE HAVE A SECOND FROM COUNCILMAN NORMAN. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM 37, PLEASE. AN

[37. 10811 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 1C, BLOCK 33, NORTHGATE ADDITION, SECTION 26, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR A SHOPPING CENTER TO AN AMENDED PD, PLANNED DEVELOPMENT DISTRICT FOR A SHOPPING CENTER (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTHCREST DRIVE AND BRIARWOOD 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: 1) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

[02:00:02]

WILL THAT GIVE YOU ALL ENOUGH TIME? YEAH, I BELIEVE SO. WE CAN WE CAN DEFINITELY LOOK INTO

[02:05:03]

AND SO I'LL CLOSE THE PUBLIC HEARING. AND WE HAVE A MOTION FROM COUNCILMAN NAUMANN, A SECOND FROM COUNCILMAN BURKHOLDER. THANK YOU, SIR. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU VERY MUCH. I BELIEVE WE ARE NOW ON

[38. 10812 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 1, BLOCK 1, RENEW LIFE CHURCH, CITY AND COUNTY OF MIDLAND, TEXAS, FROM MF-16, MULTIPLE-FAMILY DWELLING DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT (GENERALLY LOCATED ON THE NORTH SIDE OF OCCIDENTAL PARKWAY, APPROXIMATELY 310 FEET EAST OF NORTH STATE HIGHWAY 349); 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) ]

[02:10:03]

AND SO BACK IN 2018, THIS WAS GRANTED IS HAVE WE HAD CONVERSATIONS WITH THEM ABOUT BEING ABLE TO CONTRIBUTE TO ANY OF THE ROADWAY? YES. SO WE HAD A PRELIMINARY CONVERSATION WITH THE, THE DEVELOPER, THE COMPANY MANAGING THE CONSTRUCTION OF IT. TO TALK A LITTLE BIT ABOUT THIS.

JUST FOR CONTEXT, BACK IN 2018, THE PROPERTY WAS PLATTED AND IT WAS PLATTED WITHOUT OCCIDENTAL PARKWAY BEING BUILT OUT ON THE NORTHERN HALF. AND SO TYPICALLY THAT'S SOMETHING THAT YOU HAVE TO DO WHEN YOU'RE GOING THROUGH THE PLANNING PROCESS. IT WASN'T DONE HERE LIKELY, ALTHOUGH I'M MAKING AN INFERENCE AND I'LL ACKNOWLEDGE THAT LIKELY BECAUSE THE RIGHT OF WAY TO THE WEST OF THIS PROPERTY, THAT PROPERTY OWNER WASN'T READY TO DEVELOP AT THE TIME. AND SO IT WOULD EFFECTIVELY DEAD END IF YOU BUILT OUT THE FULL WIDTH OF THE STREET. SO WE'VE TALKED WITH THE DEVELOPER AND YES, THEY, THEY UNDERSTAND THE NEED TO BUILD THAT OUT. I THINK THAT THERE'S MORE CONVERSATIONS TO BE HAD, BUT ONE OF THE THINGS WE DISCUSSED WAS THE DEVELOPER WILL BE ASSESSED IMPACT FEES, ABOUT $200,000 A LITTLE MORE IN ROADWAY IMPACT FEES. AND OUR CODE DOES ALLOW FOR CREDITS OF THOSE IF THEY CONTRIBUTE TO THE THE THOROUGHFARE ON OUR THOROUGHFARE PLAN. AND SO I THINK IT'S A GOOD OPPORTUNITY FOR THE DEVELOPER TO WORK WITH US TO SEE HOW PORTION OF OCCIDENTAL CAN BE BUILT OUT AND RECEIVE CREDITS SO THAT THEY KNOW THEY'RE GETTING A BENEFIT DIRECTLY TO THEIR DEVELOPMENT, RATHER THAN PAYING INTO A POT THAT WILL GO TO OTHER ROADWAY NEEDS IN THE NORTHEAST PART OF TOWN. SO WE'LL CONTINUE TO HAVE THOSE CONVERSATIONS. OKAY. HOW MUCH WILL IT COST FOR US TO FINISH OUT THAT PORTION OF OCCIDENTAL? JOSE, CORRECT ME IF I'M WRONG, BUT I THINK WE TALKED ABOUT A LITTLE BIT OVER 400,000 $450,000. YEAH. THOSE ARE THOSE ARE OUR INITIAL ESTIMATES THAT WE HAD. AND SO TO KIND OF ECHO ON WHAT ELIZABETH WAS TALKING ABOUT, YOU CAN SEE THE GAP FROM THE BLUE LINE THAT GOES TO 3.49. AND SO WE BELIEVE THAT THAT MIGHT HAVE BEEN THE REASON WHY IT WAS DEFERRED BACK SO MANY YEARS BACK WHEN IT WAS GOING TO BE A CHURCH. SO IN ORDER TO GET IMPROVEMENTS FROM THE BASICALLY 3.9 WILL NEED RIGHT AWAY FROM THE LANDOWNER TO THE WEST, WHICH WE ARE VISITING WITH THEM TO SEE IF WE CAN SECURE THE RIGHT OF WAY THAT WILL ALLOW US TO WORK WITH THIS NEW DEVELOPER AND SEE IF THERE'S AN OPPORTUNITY FOR US TO AT LEAST EXTEND THE ROAD FROM THE INTERSECTION AT 3.9 AND OCCIDENTAL TO THEIR FIRST DRIVER, WHICH ALIGNS WITH THAT FIRST ROAD YOU SEE. DO WE THE 3.9. SO THE IMPACT FEES AND THE CREDITS WOULD BE ENOUGH TO COVER THAT. BUT YES, THE REST OF THE OF THE FRONTAGE, THE DOLLARS WOULDN'T BE THERE TO, TO FINISH THAT OUT, BUT WE COULD AT LEAST GET THAT FIRST DRIVEWAY. BUT CORRECT ME IF I'M WRONG, I MEAN, WE'RE PLANNING ON EXTENDING OCCIDENTAL AT ANY POINT ANYWAYS, CORRECT? IT'S NOT EVEN IN OUR 5 OR 10 YEAR CIP. IT'S IDENTIFIED LONG TERM, PROBABLY PAST TEN YEARS AS ONE OF THE CAPITAL PROJECTS ON OUR PLAN AND OUR IMPACT FEE CAPITAL PLAN. SO IT IS IDENTIFIED THERE. AND REALLY THE MOST IMPORTANT PROCESS, OR AT LEAST PROJECT FOR THIS REGION WOULD BE WORKING AT THE INTERSECTION AND START WORKING AWAY FROM THE INTERSECTION GOING EAST. SO THIS WOULD BE A BENEFIT TO AT LEAST GET THE INTERSECTION COMPLETED AND ALLOW US TO, AT LEAST FROM THAT POINT, START TO WIDEN OCCIDENTAL IN THE FUTURE TEN YEARS OUT. YEAH. AND I THINK THAT'S, THAT'S WHAT I'VE LEARNED IN THE LAST ABOUT A YEAR AND A HALF. IT'S BEEN A LOT OF TIME WITH JOSE AND ELIZABETH IS IT'S UNFORTUNATELY, THE WAY WE GET ROADS BUILT WHEN WE'RE KIND OF BEHIND ON THE INFRASTRUCTURE, WHICH I FEEL LIKE WE ARE IN DISTRICT ONE, IS WE ALLOW DEVELOPMENT TO COME IN TO BUILD A ROAD, BUT THAT

[02:15:03]

GOOD AFTERNOON. JORDAN STREEBEK, 608 SOLOMON LANE, MIDLAND, TEXAS, 79705. I AM THE MANAGING PARTNER OF FORTRESS ENERGY HERE IN MIDLAND, BUT I'M ALSO THE CO-FOUNDER OF OUT KICK INVESTMENT PARTNERS, WHO IS THE DEVELOPER. BEEN TRYING TO GET MY PARTNERS TO DEVELOP PROJECT IN MIDLAND FOR ABOUT 12 YEARS. AND FINALLY, WE'RE ABLE TO FIGURE THIS OUT. WE'VE OWNED THIS PROPERTY, I THINK THE BETTER PART OF SIX YEARS, AND AS WAS MENTIONED BY ELIZABETH, IT IS A IT'S A LITTLE BIT OF A GOAT ROPE WITH RESPECT TO THE THE PIPELINE EASEMENTS AND THAT SORT OF THING. BUT WE DO LOVE THIS PRODUCT. AND AS WE'VE SEEN, FOR INSTANCE, IN LUBBOCK, OUR MEDIAN, OUR MEDIAN OCCUPANT IS GOING TO BE FIREFIGHTER, POLICE OFFICER, SCHOOL TEACHER, SOMEONE THAT'S, YOU KNOW, WORKS AT CPS. ET CETERA. ET CETERA. AND SO WE, AS WE'VE TALKED THROUGH THESE THINGS IN TERMS OF WHAT MIDLAND NEEDS, LIKE I SAID, I'VE BEEN TRYING TO GET MY PARTNERS TO DO THIS FOR A LONG, LONG TIME AND REALLY, REALLY HAPPY THAT THIS IS GOING ON IN THE IN THE DISCUSSIONS WITH WITH THE VARIOUS DEPARTMENTS IN THE CITY, OUR UNDERSTANDING WAS THAT THERE WAS NO PLAN TO EXPAND OCCIDENTAL FOR THE NEXT SORT OF TEN YEARS OR SO, WHICH WE DID CHANGE THE THE SITE PLAN TO, TO ALLOW FOR THAT SETBACK WHEN IT EVENTUALLY DOES HAPPEN. BUT GIVEN THE LIGHT DENSITY ON THIS PARTICULAR TRACT OF LAND, WE'RE NOT REQUESTING THAT OCCIDENTAL BE EXPANDED. WE DON'T NEED FOR. IT DOESN'T REALLY. IT'S NOT SOMETHING WHERE IT'S LIKE, MAN, IF WE DON'T EXPAND THIS, LIKE WE'RE GOING TO HAVE A PROBLEM RIGHT HERE. SO THAT'S NOT SOMETHING THAT WE SEE AS A AS AN IMMINENT ISSUE. EXCELLENT.

THANK YOU VERY MUCH. ALL RIGHT. ANY OTHER QUESTIONS? NO, I JUST I THINK BECAUSE I JUST THINK IT'S NOT MY DISTRICT, BUT I THINK OF DISTRICT FOUR THAT WHEN THINGS DO COME, YOU HAVE TO PLAN AHEAD BECAUSE THE FUTURE WILL BE HERE BEFORE WE KNOW IT. AND SO JUST WITH CONCERN THAT TAXPAYERS THEN WILL BE HAVING TO PAY FOR THAT PORTION OF THE ROAD, THAT'S JUST SOMETHING I'M ALWAYS MINDFUL OF. ALL RIGHT. THANK YOU VERY MUCH. ALL RIGHT. SO WE HAVE CLOSED THE PUBLIC HEARING. IS THERE ANY FURTHER DISCUSSION AMONG COUNCIL? WE HAVE A MOTION FROM COUNCILMAN STUBBS, A SECOND FROM COUNCILMAN LADD. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES 6 TO 1. THANK YOU. WE'LL MOVE ON TO ITEM 39, PLEASE. AN

[39. 10813 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE THE SOUTH HALF OF LOT 8 AND ALL OF LOT 9, BLOCK 100, ORIGINAL TOWN, CITY AND COUNTY OF MIDLAND, TEXAS, FROM C, COMMERCIAL DISTRICT TO 2F, TWO-FAMILY DWELLING (DUPLEX) DISTRICT (GENERALLY LOCATED ON THE WEST SIDE OF SOUTH DALLAS STREET, APPROXIMATELY 105 FEET NORTH OF EAST KENTUCKY AVENUE); CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

[02:20:05]

PLANNING AND ZONING RECOMMENDED APPROVAL. AND SO DO WE. THANK YOU VERY MUCH. ANY QUESTIONS? THIS IS A PUBLIC HEARING. 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 NORMAN, A SECOND FROM COUNCILMAN LADD. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE

[40. 10814 - AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 0.80-ACRE TRACT OF LAND OUT OF SECTIONS 32 AND 33, BLOCK 39, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WEST WALL STREET, APPROXIMATELY 515 FEET NORTHEAST OF THE INTERSECTION OF THOMASON DRIVE AND WEST WALL STREET), WHICH IS PRESENTLY ZONED C, COMMERCIAL DISTRICT, IN PART, AND RR, REGIONAL RETAIL DISTRICT, IN PART, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON-PREMISES CONSUMPTION; MAKING SAID DESIGNATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS CONTAINED HEREIN; CONTAINING A CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00); AND ORDERING PUBLICATION (DISTRICT: 2) (DEVELOPMENT SERVICES) (QUALITY OF LIFE AND PLACE) ]

SORRY TO INTERRUPT YOU. THE ZONING DOES ALLOW FOR THIS TYPE OF USE, JUST WITH AN S, U, D, AND THE SURROUNDING LAND USES ARE CONSISTENT WITH A RESTAURANT THAT ALLOWS FOR THE SALE AND SERVICE OF ALCOHOL. HERE'S A LOOK AT THE PROPERTY. AND NO OBJECTIONS WERE RECEIVED.

AND WE DO RECOMMEND APPROVAL. THANK YOU. ANY QUESTIONS FOR STAFF? OKAY. THIS IS A PUBLIC HEARING. 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 NORMAN, A SECOND FROM COUNCIL MEMBER COLTER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY.

[41. 10815 - AN ORDINANCE AMENDING TITLE XI, “PLANNING AND DEVELOPMENT”, CHAPTER 2, “PLATS AND SUBDIVISIONS” OF THE CITY CODE OF MIDLAND, TEXAS, SO AS TO (1) CONFORM THE ZONING DISTRICTS REFERENCED THEREIN TO THE ZONING DISTRICTS ESTABLISHED IN TITLE XI, CHAPTER 1, (2) REVISE THE DEVELOPERS’ SHARES FOR CERTAIN ARTERIAL STREET IMPROVEMENTS, AND (3) AUTHORIZE AND DIRECT THE CITY’S PLANNING AND DEVELOPMENT OFFICER TO ADOPT A DEVELOPMENT EXACTION DETERMINATION PROCEDURE; CONTAINING A CUMULATIVE CLAUSE AND A SAVINGS AND SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE; AND ORDERING PUBLICATION (DISTRICT: ALL) (DEVELOPMENT SERVICES) (STRENGTHEN AND SUSTAIN OUR INFRASTRUCTURE) ]

CHAPTER TWO PLATS AND SUBDIVISIONS OF THE CITY CODE OF MIDLAND, TEXAS, SO AS TO ONE CONFORM THE ZONING DISTRICT REFERENCE THEREIN TO THE ZONING DISTRICTS ESTABLISHED IN TITLE 11. CHAPTER ONE TWO REVISE THE DEVELOPER SHARES FOR CERTAIN ARTERIAL STREET IMPROVEMENTS, AND. THREE AUTHORIZE AND DIRECT CITY PLANNING AND DEVELOPMENT OFFICERS TO ADOPT A DEVELOPMENT EXCEPTION DETERMINATION PROCEDURE CONTAINING A CLAUSE CONTAINING A SAVINGS AND SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE AND ORDERING PUBLICATION. SO GOOD MORNING OR AFTERNOON. THIS ONE IS A CODE AMENDMENT. THIS CAME ABOUT FROM THE DISCUSSIONS THAT WE'VE BEEN HAVING ABOUT KEEPING UP WITH GROWTH AND MAKING SURE THAT NEW GROWTH PAYS FOR ITSELF, OR AT LEAST MOVING US CLOSER TO THAT POSITION, AND ALSO BEING MINDFUL OF THE BURDEN THAT THE BROADER COMMUNITY HAS TO PAY WHEN IT COMES TO BUILDING OUT NEW ROADWAYS. AND SO SPECIFICALLY, IF THIS ORDINANCE CHANGE WAS APPROVED TODAY, WHAT IT WOULD DO IS MOVE THE RESIDENTIAL DEVELOPERS PERIMETER ARTERIAL ARTERIAL PARTICIPATION. SO THOSE ARE THE LARGER ROADS, TYPICALLY FIVE LANES, SIX LANES WITH A DIVIDED MEDIAN BIKES, THE ONES THAT RUN ALONG THE EDGES OF A SUBDIVISION. THE DEVELOPER IS CURRENTLY RESPONSIBLE FOR ONLY BUILDING OUT ONE THIRD OF THAT ROADWAY. THIS WOULD MOVE THAT TO ONE HALF OF THE ROADWAY. AND SO I'LL GO OVER A COUPLE OF SLIDES. I MEAN, I WON'T BELABOR THE POINT. WE HAD THE DISCUSSION WITH THE APARTMENTS EARLIER ABOUT KEEPING UP WITH DEVELOPMENT RATHER THAN JUST WAITING FOR IT TO HAPPEN. I THINK THIS MOVES US A LITTLE BIT CLOSER TO SHARING IN COSTS 5050 RATHER THAN THE CURRENT 3367 ON THE CITY WITH THE 67%. SO DEFINITELY IMPLEMENTS COUNCIL'S DIRECTION TO ESTABLISH INFRASTRUCTURE FUNDING, PLAN PROACTIVELY FOR GROWTH, AND IMPROVE ROADWAY PLANNING. THESE THESE NUMBERS YOU'VE SEEN PREVIOUSLY, AND BUDGET PRESENTATIONS WITH CHRISTY MAYBE IN A DIFFERENT FORMAT, BUT THESE ARE THE BENCHMARK CITIES THAT WE OFTEN LOOK AT WHEN WE LOOK AT OUR TAX RATES, OUR GROWTH RATES AND THOSE KINDS OF THINGS. THE GRAPH ON THE LEFT JUST SHOWS AND HIGHLIGHTS THAT MIDLAND IS GROWING VERY QUICKLY. OVER THE LAST FIVE YEARS. WE ARE IN THE TOP TWO WITH ONLY FORT WORTH OUTPACING US. IF YOU LOOK AT JUST THE LAST YEAR, MIDLAND HAS GROWN THE FASTEST BY FAR. SO WE ARE A VERY FAST GROWING COMMUNITY AND IT'S NOT JUST A ONE YEAR THING. IT'S BEEN SUSTAINED AT LEAST OVER THE LAST FIVE YEARS. EVEN WITH THAT, THIS COUNCIL HAS MADE IT A PRIORITY TO KEEP THE PROPERTY TAX RATE LOW, AND WE ARE THE LOWEST OF ALL THE BENCHMARK

[02:25:01]

WE ONLY HAVE HALF OF IT. SO THAT'S ANOTHER POINT TO CONSIDER. YES, THIS IS A VERY TELLING VISUAL. YEAH. ACTUALLY CAN YOU SEND THAT THAT ONE SLIDE TO ALL OF US PLEASE. YES, ABSOLUTELY. YEAH. AND JUST TO TO PUT A FINER POINT ON IT, YOU'VE SEEN THIS HEAT MAP BEFORE. THIS SHOWS WHERE THE NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT IS OCCURRING SINCE 2022. AND THE HOT SPOTS ARE MOST CERTAINLY IN NORTHWEST MIDLAND AS WELL AS WEST MIDLAND.

WE'VE ISSUED ABOUT 4000 NEW SINGLE FAMILY PERMITS OVER THE LAST THREE AND A HALF YEARS.

2400 OF THOSE ARE 60% ARE IN DISTRICT ONE, PRIMARILY IN NORTHEAST MIDLAND. SO VERY, VERY FAST GROWTH IN THAT AREA, WHICH IS WHY WE SEE SO MANY ISSUES WITH TRAFFIC AND THOSE KINDS OF THINGS. AND THEN WEST SIDE IS ALSO DEVELOPING VERY QUICKLY, AND WE ANTICIPATE IT WILL CONTINUE TO DEVELOP VERY QUICKLY. WITH NEARLY 30% OF THE NEW PERMITS ISSUED OVER THE LAST SEVERAL YEARS IN THAT AREA. YOU ALSO SEE SOME GREEN STARS ON YOUR MAP. THIS SHOWS WHERE WE KNOW, OR WE HAVE AN IDEA THAT FUTURE DEVELOPMENT IS COMING. WE'VE EITHER SEEN SOME PLATS FOR THESE AREAS OR WE'VE HAD CONVERSATIONS ABOUT THEM. I HIGHLIGHTED, YOU KNOW, IT IS CERTAINLY NORTHEAST AND WEST MIDLAND WHERE YOU'LL SEE MOST OF THAT GROWTH. BUT ALSO ON THE EAST SIDE, WE'RE STARTING TO SEE SOME MORE COMMERCIAL GROWTH SOUTH OF LOOP 250. AND WITH THE WATER LINE EXTENSION, WE CAN EXPECT TO SEE MORE GROWTH THERE TOO. SO THE POINT IS, IS THAT ROADS WILL CONTINUE TO BE NEEDED TO BE BUILT TO ACCOMMODATE THAT. AND SO THEN WHEN WE LOOK AT ROADWAY FUNDING TOOLS, THERE'S THERE'S A NUMBER OF DIFFERENT WAYS TO FUND ROADS, WHETHER THAT'S NEW CONSTRUCTION OR MAINTAINING THEM. AND THIS IS JUST A COMPARISON OF THE DIFFERENT CITIES THAT ARE ORGANIZED FROM FASTEST GROWTH TO SLOWEST AND THE DIFFERENT TOOLS THAT ARE USED. WHAT YOU'LL SEE HERE IS THAT A NUMBER OF THE LARGER CITIES IN TEXAS DO USE REGULAR VOTER BOND APPROVED ROAD PACKAGES TO GET NEW ROADWAYS BUILT. YOU'LL SEE THOSE LARGER CITIES TEND TO HAVE A REGULAR 4 TO 5 YEAR CYCLE THAT THEY GO THROUGH TO BUILD OUT THOSE THOSE ROADWAYS. ANOTHER TOOL IS ROADWAY IMPACT FEES. AND THAT'S WHERE YOU LOOK AT THE NEW DEVELOPMENT, PAYING FOR THE ROADS. AND WE DO MAKE USE OF THAT HERE IN MIDLAND.

BUT YOU JUST HEARD IN ONE OF OUR CASES, IT WILL COST 450,000 TO BUILD OUT THAT HALF OF THE ROADWAY. THE IMPACT FEES ONLY COLLECT 200. SO WE HAVE THE IMPACT FEES, BUT THEY ARE LOWER THAN WHAT THE ROADWAYS ACTUALLY COST. AND SO WE'RE BALANCING THAT WITH OUR TAX RATE. RIGHT.

ANOTHER TOOL THAT A LOT OF CITIES USE IS STREET MAINTENANCE FEES. AND THAT'S BECOMING MORE POPULAR. YOU SEE TWO CITIES UP THERE, FORT WORTH, WHICH AGAIN IS A GOOD CITY TO USE AS A BENCHMARK BECAUSE WE EXPERIENCED SIMILAR GROWTH PRESSURES. AND THEN SAN ANGELO, BOTH WILL BEGIN USING THAT MAINTENANCE FEE IN THE NEXT YEAR OR TWO YEARS. THEY'VE THEIR COUNCILS HAVE RECENTLY VOTED ON IT, AND THAT'S INTENDED TO KEEP UP JUST WITH THE NORMAL WEAR AND TEAR ON ROADWAYS. IS THAT FOR DEVELOPERS OR IS THAT. NO, THAT'S THAT'S ASSESSED ON RESIDENTS. AND THAT'S WHY IT'S NOT SPECIFIC TO NEW DEVELOPMENT.

IT'S JUST A STANDARD ROADWAY FEE. BUT IT IS ANOTHER TOOL THAT'S USED. AND SOME OF THOSE FEES, THE WAY THEY'RE IMPLEMENTED, THEY THEY INCREASE IS HIGHER FOR THE COMMERCIAL OR THE LARGE COMMERCIAL JUST BASED ON THE USAGE. SO THAT COULD BE WRAPPED IN LIKE THAT IN MOST OF THESE CITIES. YEAH. THE OVERARCHING POINT HERE THOUGH, IS THAT THERE ARE TOOLS AND WE'RE NOT, WE'RE BEING VERY MINDFUL OF THE TOOLS THAT WE'RE USING. WE, WE. VOTER BOND CYCLES ARE RARE. I THINK THE LAST ONE WAS 2017, WELL BEFORE I WAS HERE, AND THEN STREET MAINTENANCE FEE. BUT SO WE HAVE TO LOOK AT OTHER WAYS OF FUNDING OUR ROADWAYS. AND ONE WAY TO DO THAT IS LOOKING AT WHAT DEVELOPERS ARE RESPONSIBLE FOR BUILDING OUT. AS I MENTIONED BEFORE, CURRENTLY RESIDENTIAL DEVELOPERS ARE RESPONSIBLE FOR ONLY BUILDING OUT ONE THIRD OF THE PERIMETER ARTERIALS. SO THOSE ARE THE LARGER ROADS THAT BORDER RESIDENTIAL DEVELOPMENTS. OUR RECOMMENDATION TODAY IS TO MOVE THAT TO ONE HALF. AND AGAIN, THAT'S BASED ON DIRECTION FROM COUNCIL TO LOOK AT HOW NEW DEVELOPMENT CAN PAY FOR ITSELF.

[02:30:07]

THERE ARE SOME INSTANCES WHERE, YOU KNOW, A 300 UNIT DEVELOPMENT PROBABLY DOES WARRANT BUILDING OUT HALF THE STREET, A FIVE UNIT DEVELOPMENT. PROBABLY NOT. AND SO THIS GIVES US ONE WAY TO WAIVE THAT REQUEST OR REDUCE IT PROPORTIONATELY TO WHAT THE USE OF THE DEVELOPMENT IS. AND YOU'LL SEE A LOT OF OTHER CITIES DO REFERENCES. IT IS A REQUIREMENT OF STATE LAW AS WELL. AND THEN UPDATE ZONING REFERENCES. WE WERE JUST OUTDATED. SO A SIMPLE ADMINISTRATIVE CHANGE. AND AGAIN WE BENCHMARKED AGAINST OTHER CITIES. AND SO YOU'LL SEE DIFFERENT CITIES HAVE DIFFERENT APPROACHES. SEVERAL CITIES DO USE THE HALF STREET SIMILAR TO WHAT WE'RE DOING. OURS IS A LITTLE NUANCED BECAUSE IT'S HALF THE COST OF THE STREET. I LIKE THAT BECAUSE IT GIVES US FLEXIBILITY ABOUT WHERE TO DIRECT THAT ROADWAY DEVELOPMENT, ESPECIALLY IN A CITY THAT'S GROWING LIKE WE SAW PREVIOUSLY, WE PROBABLY WANT TO BUILD CLOSER TO THE INTERSECTION THAN NECESSARILY ACROSS THE WHOLE DEVELOPMENT. SO I LIKE THAT WE HAVE THAT FLEXIBILITY. THE POINT HERE ALSO, THOUGH, CASE BY CASE, LARGER CITIES TEND TO DO CASE BY CASE. WHAT THAT MEANS IS THEY USUALLY REQUIRE A TIA AND WHICH CAN BE EXPENSIVE. AND SO THAT'S NOT ALWAYS THE BEST WAY TO GO. SOMETIMES DEVELOPERS ACKNOWLEDGE A TRAFFIC IMPACT ANALYSIS. AND SO THAT'S AN EXTRA DEVELOPMENT COST THAT'S REQUIRED. BUT I WILL SAY A LOT OF THOSE CITIES, WHEN YOU LOOK AT PRACTICALLY HOW THEY DEVELOP, EVEN THOUGH IT'S NOT CALLED OUT IN THEIR CODE, YOU KNOW, IF YOU DON'T WANT TO GO THROUGH THE TATIA PROCESS, IT'S HALF THE ROAD. SO PRACTICALLY SPEAKING, IN MOST CASES IT'S HALF THE ROAD. IT'S RESPONSIBLE FOR PAYING FOR THE T I. SO DIFFERENT CITIES HAVE DIFFERENT OPTIONS IN OUR PROCEDURE. WE WOULD LIKE TO BE RESPONSIBLE FOR DOING THE WORK SO THAT IT IT IT, IT'S NOT REFLECTIVE OF WHAT THE DEVELOPER NEEDS. MOST CITIES DO THE WORK. A LOT OF THEM DO HAVE A FEE THAT'S INCLUDED IN THEIR FEE SCHEDULE. AND I THINK I SAW ONE FEE WAS A COUPLE THOUSAND DOLLARS BECAUSE IT CAN BE EXPENSIVE. IT IS CONSIDERED SOMETIMES NOT BUSINESS FRIENDLY IN CITIES WHERE THEY ARE IMPLEMENTED IN. I'VE BEEN IN CITIES WHERE YOU DO THEM AND WHERE YOU DON'T DO THEM. AND SO JUST JUST FOR YOUR INFORMATION, YOU'RE SEEING THE TIA IS NOT IS CONSIDERED NOT BUSINESS FRIENDLY, RIGHT? BECAUSE THAT'S AN ADDITIONAL COST SLASH FEE, BUT IT DOES TELL YOU WHAT YOU NEED TO KNOW. AND IT'S NOT ALWAYS AS OBVIOUS, RIGHT? YOU KNOW, IN TERMS OF WHAT KIND OF IMPACT THAT A CERTAIN DEVELOPMENT WILL HAVE TO YOUR AND THESE ANALYZES ARE ONLY $2,000, OR SOME OF THEM MIGHT COST AS MUCH AS IN SOME PLACES, 30, $40,000. OKAY. THAT MAKES IT'S NOT LIKE AN INSIGNIFICANT AMOUNT. YEAH. YOU KNOW, IN SOME CASES IT'S 50,000. YES. MAYBE YOU CAN GET THEM FOR 15 OR 20 SOMETIMES. BUT THE COMPLAINT I USUALLY HEARD WAS IT'S $50,000 ADDED TO OUR DEVELOPMENTAL COSTS. OKAY. SO OUR RECOMMENDATION HERE AGAIN IS TO DEFAULT TO THE ONE HALF. AND THEN IF THE DEVELOPER HAS A CONCERN, THEN WE CAN MOVE THROUGH SOME SORT OF DETERMINATION PROCESS, WHETHER THAT WHICH WOULD LIKELY INCLUDE A TIA. OKAY. LET'S SEE. I THINK THE OTHER POINTS TO MAKE IS THE OTHER APPROACH THAT MANY CITIES USE ARE LIKE A MINIMUM FIXED PAVEMENT WIDTH, WHICH WHEN YOU ACTUALLY CALCULATE THOSE OUT, THEY USUALLY APPROACH THE 50% MARK OF THE PAVEMENT WIDTH. SO 50% IS A GOOD STANDARD TO HAVE. AND THEN THIS WAS SOME QUESTIONS THAT CAME UP IN BRIEFING COUNCIL, JUST TALKING ABOUT, AGAIN, A 300 UNIT DEVELOPMENT VERSUS, YOU KNOW, A 20 UNIT DEVELOPMENT, NOT THE SAME IMPACT ON THE ROADWAY. HOW HOW CAN WE UNDERSTAND THAT AND MAKE SPACE FOR THAT? AND SO THERE'S A LOT OF DIFFERENT WAYS THAT THAT PROPORTIONALITY DETERMINATION WE JUST TALKED ABOUT IS A NEW WAY TO DO THAT.

BUT WE HAVE EXISTING WAYS TO ADDRESS THOSE THINGS IN OUR CODE AS WELL. SO WE HAVE OUR EXISTING DEFERRAL PROCESS WHEN IT DOESN'T MAKE SENSE TO BUILD THE ROAD NOW. BUT MAYBE, YOU KNOW FROM NOW IT MAKES SENSE. THEN WE CAN HOLD SECURITY UNTIL THE DEVELOPER DOES THAT. WE ALSO HAVE A PROCESS WHERE WE CAN WAIVE THAT SECURITY IF WE NEED TO, AND THEN WE HAVE JUST THE NORMAL VARIANCE PROCESS. SOMETIMES IT DOESN'T MAKE SENSE TO BUILD OUT THE SIDEWALKS BECAUSE YOU'RE IN AN AGRICULTURAL AREA AND YOU DON'T NEED TO CONNECT TO SIDEWALKS.

[02:35:01]

SO I, I GENUINELY TORN ON THIS ISSUE. I, I REALLY COULD GO EITHER WAY. AND THE REASON IS I, I FEEL LIKE WE HAVE TWO STATED GOALS OF THIS COUNCIL. ONE IS OBVIOUSLY FIND WAYS TO SAVE TAXPAYERS MONEY AND FIND REVENUE FOR ROADS AND THOSE ARE OBVIOUS AND I APPLAUD THE. I APPLAUD THE CITY STAFF FOR COMING UP WITH THIS IDEA, MIKE. BUT THE OTHER STATED GOAL IS, IS TO GET MORE LOCAL DEVELOPMENT, MORE AFFORDABLE HOUSING. AND I'M CONCERNED THAT THIS 50% I I'M INTERESTED IN THIS TIA IDEA NOW I'D BE. MAYBE I NEED MORE INFORMATION ON THAT.

BUT MY CONCERN IS WE'RE CREATING A BARRIER TO ENTRY FOR OUR SMALLER DEVELOPERS. I DON'T I'M NOT WORRIED ABOUT DR. HORTON OR BEATING BO BEING ABLE TO HANDLE THIS. THEY CAN EASILY.

I JUST AM CONCERNED THAT IF OUR STATED GOAL IS TO GET MORE DEVELOPERS INVOLVED, MORE LOCAL DEVELOPERS INVOLVED. I DON'T KNOW IF THIS IS REALLY THE ANSWER FOR US. I THINK THAT'S WHERE THE PROPORTIONALITY COMES IN. SO IT GIVES US THE OPPORTUNITY TO SAY THIS ISN'T APPROPRIATE FOR THE SMALLER DEVELOPMENT THAT YOU'RE DOING. I ALSO I SHARE SOME OF YOUR CONCERNS ACTUALLY, AND I HAD MULTIPLE DIFFERENT CONVERSATIONS LEADING UP TO THIS MEETING AND KNOWING THAT WE WERE GOING TO TAKE THIS ITEM, HAD SOME CONVERSATIONS WITH BUILDERS, HAD SOME CONVERSATIONS WITH DEVELOPERS AND CONSULTANTS, I GUESS I SHOULD SAY THE ENGINEERING FIRMS THAT HELP TO CONSULT ON THESE PROJECTS. AND THE FEEDBACK THAT I GOT IS ACTUALLY CONSISTENT WITH WHAT WE FEEL IN THE OIL FIELD. AND WE TALK ABOUT THIS IN OIL AND GAS ALL THE TIME. WE NEED REGULATORY CERTAINTY, SO WE NEED TO KNOW WHAT THE RULES ARE, AND THEN WE CAN PLAY BY THE RULES THERE CAN WHAT WHAT I GOT THE FEEDBACK ON WAS MORE, WE'RE HAPPY TO DO 50% AND 50% IS GOING TO BE THE RULE, BUT LET'S MAKE IT CONSISTENT FOR THOSE THAT ARE LARGE DEVELOPERS. AND LET'S STICK TO WHAT WE SAY, BECAUSE WE'VE STARTED TO HAVE SOME REGULATORY UNCERTAINTY THAT CAUSES INCREASED COST AND FRUSTRATION FOR THESE DEVELOPERS. AND SO AS I, I MEAN, I KNOW YOU'RE PROCESSING THROUGH THIS AS WE'RE HAVING THIS CONVERSATION, BUT AS I PROCESS THROUGH IT, I'M COMING TO THE POINT WHERE I WOULD LIKE TO SUPPORT THIS, BUT I'D LIKE TO ASK STAFF TO GET US TO MORE REGULATORY CERTAINTY.

SO NOT INCREASE REGULATION FOR THE SAKE OF REGULATION, BUT MORE CLARITY AND MORE CONSISTENCY AND CERTAINTY FOR DEVELOPERS AND BUILDERS TO KNOW WHAT THE PROCESS IS GOING TO BE.

IT'S GOING TO BE CONSISTENT AND NOT HAVE THESE MONTHS LONG DISCUSSIONS THAT DRAG THEIR DEVELOPMENTS OUT. WE'VE GOT TO GET TO THAT POINT. AND THAT'S MY BIG MY BIG FLAG IN THE GROUND TODAY. AND THAT'S MY ARGUMENT, AGAIN, AGAINST THE PROPORTIONALITY IS BECAUSE WHERE DO WE DRAW THE LINE? I THINK YOU'RE EXACTLY RIGHT. BECAUSE YEAH, IT'S EASY TO SAY, OKAY, WE'RE BUILDING FIVE HOUSES, THIS DOESN'T QUALIFY AND THIS, BUT WHAT IF IT'S 20 HOUSES? OR WHAT IF WHAT ABOUT THE, THE, THE HOMES ON OCCIDENTAL, LIKE THE HOMES ON OCCIDENTAL QUALIFY FOR THIS? YOU KNOW, I THINK WE'RE WE'RE POSSIBLY OPENING THE DOOR FOR LAWSUITS IF WE'RE NOT CLEAR ON WHERE THAT LINE IS DRAWN. THE PROPORTIONALITY POINTS BACK TO THAT, THOUGH, BECAUSE THERE WILL BE AN EQUATION SET UP THAT WILL DETERMINE THAT. SO IT'LL BE BASED IN FACT. SO THAT'S A THAT'S A REALLY GOOD QUESTION AND ONE IN WHICH HOPEFULLY YOU SAW TODAY A CROSS-POLLINATION OF A COUPLE OF DEPARTMENTS. I ASKED CHRISTIE TO GET MORE INVOLVED WITH ECONOMIC DEVELOPMENT. SO YOU SAW SOME SLIDES THAT TRIGGS USED THAT WERE REALLY TELLING THAT REALLY KIND OF SAYS A KIND OF GIVES YOU A DIFFERENT PERSPECTIVE.

THE OTHER THING TOO, IS WE GAVE YOU A LOT OF IDEAS, A LOT OF THOUGHTS, BUT THAT DOESN'T MEAN WE'RE RECOMMENDING A LOT OF THOSE THINGS THAT ARE ON THERE BECAUSE EVERY CITY IS UNIQUE.

BUT SPECIFICALLY TO YOUR QUESTION, BECAUSE I ASKED THE SAME QUESTION AND THE SMALLER ONES, THE SMALLER DEVELOPERS, THE SMALLER HOUSING DEVELOPMENTS AREN'T NECESSARILY ALONG MAJOR ARTERIALS OR THOSE ARTERIALS ARE ALREADY CONSTRUCTED. SO THE PROPORTIONALITY IS A VERY STRONG COMPONENT OF THAT PART OF THE DECISION MAKING TREE.

BUT THE OTHER PIECE OF IT IS, IS THAT AND I THINK TRIGGS AND JOSE CAN SPEAK MORE TO THAT, BUT THAT THAT PUT MY MIND AT EASE AND THAT WE'RE LOOKING AT THIS MORE FAIRLY BECAUSE WE WERE LISTENING TO ALL OF COUNCIL. AND ONE OF THE THINGS TO THE POINT ABOUT THE 50% THAT SOME OF THE COUNCIL WAS SAYING IS THAT THE TAXPAYERS HAVE BEEN PAYING FOR THAT ALL THIS TIME.

SO THE WAY WE LOOKED AT THAT WAS, WELL, IF THAT'S 34%, WE'RE SPLITTING IT IN HALF. WE'RE WE'RE WE'RE PICKING UP 17. AND THEN THE DEVELOPMENT IS PICKING UP. 17 SO FAIRNESS AND JUST COMMON SENSE WAS WHAT WE WERE UTILIZING IN ORDER TO KIND OF BRING THE BEST RECOMMENDATION TO THE COUNCIL. YEAH. AND JACK AND, AND MAYOR, I WILL I WILL BRING THE THE SAME SENTIMENT

[02:40:01]

THIS IS KIND OF THE BE ALL, END ALL, BUT IT'S IT'S RIGHT IN LINE WITH WHAT OTHER CITIES ARE DOING. IT'S JUST A COST OF DOING BUSINESS. AND TO YOUR POINT, COUNCILMEMBER COLTER, I THINK IT IS THE LARGER SCALE DEVELOPMENTS THAT WE'RE WORRIED ABOUT BECAUSE OF HOW MUCH WEAR AND TEAR THEY ARE PUTTING ON THOSE ROADS. AND THIS IS JUST A WAY TO TO REALLY HELP OUT WITH THE COST INSTEAD OF HAVING TO EXPEDITE A LOT OF THESE PROJECTS THAT AREN'T ON OUR RADAR, THUS TAKING AWAY FROM, FROM THE THINGS WE REALLY NEED TO BE INVESTING IN AS FAR AS MAINTENANCE IS CONCERNED. SO I WANT TO BUILD ON THAT BECAUSE THE MRS. POOLE SAID, COUNCILMAN PAUL SAID IS REALLY TRUE, THAT RIGHT NOW, WHEN SOMEBODY COMES TO US AND THEY WANT TO DO A DEVELOPMENT, WE HAVE TO STOP AND TAKE A LOT OF STAFF'S TIME AND A LOT OF OTHER RESOURCES TO SAY, HEY, YOU KNOW, WE DON'T WANT CONGESTION, WE DON'T WANT UNSAFE ROADS, WE WANT, YOU KNOW, SAFE INTERSECTIONS. BUT IF THEY'RE NOT IN OUR CAPITAL IMPROVEMENT PLAN RIGHT NOW, WE CANNOT REACT DUE TO BUDGET CONSTRAINTS. AND SO A LOT OF THE DELAY AND INCONSISTENCY WE HAVE IS THAT THE CITY IS NOT ABLE TO PROVIDE THE SERVICES THAT WE HAVE TO PROVIDE FOR THESE LARGER SCALE DEVELOPMENTS. AND THIS IS A KIND OF WAY TO HELP FIX THAT. I SHARE YOUR SENTIMENT, TOO, OF ONE OF THE THINGS THAT WE'VE TALKED ABOUT IN DEPTH IS LOW COST, AFFORDABLE HOUSING. AND THIS DOES GO AGAINST THAT. IT IS KIND OF A COMPROMISE THAT WE CAN APPLY THAT 17% INCREASE THAT WE'RE TALKING ABOUT TO THE CITY DIVISION OR THE AREA OF TOWN, AND NOT SHARE THAT BURDEN ACROSS THE CITY. SO THAT'S KIND OF THE REASONS I'M REALLY FOR IT IS IT IS KIND OF LOCALIZED TAXATION INSTEAD OF JUST A BROAD, HEY, YOU KNOW, THERE'S DEVELOPMENT ON THE NORTH SIDE OF TOWN AND MAKE PEOPLE ALL OVER THE CITY PAY FOR THAT NEW ROAD. SO THIS DOES HELP KIND OF NORMALIZE THAT PROCESS AND SAY, YEAH, WE UNDERSTAND THIS IS GOING TO HAVE A DIRECT IMPACT TO HOUSING COST, BUT THAT IT'S NOT AT THE SACRIFICE OF ANOTHER CITY SERVICE THAT'S OUT THERE. RIGHT. SO IT IS A VERY HARD COMPROMISE TO UNDERSTAND. I DO THINK, THOUGH, IF WE'RE CLEAR, AS THE MAYOR SAID, AND WE HAVE A CLEAR SET, LET'S SAY, FOR EXAMPLE, 50 HOUSES, ANYTHING 50 HOUSES OR BELOW IS NOT GOING TO QUALIFY FOR THE 50% RATE. JUST AS AN EXAMPLE, I THINK THAT THAT COULD END UP BENEFITING THE LOCAL DEVELOPERS, BECAUSE THEN THEY HAVE A CLEAR CUT EXAMPLE OF LIKE, OKAY, IF I DO A LITTLE 50 HOUSE DIVISION HERE, I CAN KEEP OUT OF THE 50% RANGE AND WE WON'T SET THOSE STANDARDS. THEY, IF THEY DON'T THINK THEIR DEVELOPMENT FITS, THEN THEY HAVE TO GO HAVE THE PROPORTIONALITY STUDY DONE, WHICH IS BASED ON DATA. IT'S NOT JUST A PROVERBIAL, WELL, IT'S 50 HOMES. I DON'T THINK THAT PASSES. IT'S BASED ON ACTUAL WEAR AND TEAR ON THE INFRASTRUCTURE. OKAY, MAYBE I'M MISSING THE PROPORTIONALITY STUDY COMPONENT OF THIS. HOW SO? HOW DOES THAT WORK EXACTLY? SURE. SO THE AND I'M GOING TO ASK NICHOLAS TO CHIME IN TOO. BUT THE STATE LAW, IT DOESN'T SAY 50%. IT. ALL IT SAYS IS DEVELOPERS ARE RESPONSIBLE FOR THEIR ROUGH, PROPORTIONATE

[02:45:03]

THAT'S CORRECT. THAT'S CORRECT. WE COULD DO THAT. STUDY HAS TO BE CONDUCTED BY A PROFESSIONAL ENGINEER THAT IS EMPLOYED BY, EMPLOYED OR RETAINED BY THE CITY OF MIDLAND. EXACTLY. SO THIRD PARTY. AND THAT'S THE STATE LAW THAT GOVERNS IT. AND I THINK THE OTHER THING TO KIND OF TO THE POINT THAT COUNCILMAN STUBBS WAS MAKING THIS ALSO, WE'VE HAD SOME CIRCUMSTANCES RECENTLY WHERE PEOPLE WANT TO GO STICK SOMETHING OUT WAY FAR AWAY FROM TOWN, AND THEY WANT US TO BRING THEM SEWER AND WATER AND A ROADWAY, AND THAT THIS HELPS PROTECT THOSE KINDS OF THINGS. IF YOU WANT TO DO THAT, WE'LL DO IT. BUT YOU'RE GOING TO HELP PAY FOR THE COST OF TAKING ALL OF THOSE THINGS OVER THERE. I THINK THAT'S REALLY IMPORTANT. THE OTHER THING I WANTED TO IDENTIFY HERE, AND NICHOLAS, I'M GOING TO ASK YOU TO RESPOND WITH ACTUAL LANGUAGE HERE, BUT THERE, WE'VE ALREADY HAD THIS IN OUR COMMERCIAL DEVELOPMENT CODE, WHERE THE 50% HAS ALREADY BEEN THE EXPECTATION WITH PROPORTIONALITY. SO THIS IS THIS IS CONSISTENT WITH WHAT WE'VE ALREADY HAD FOR COMMERCIAL. AN EXCEPTION TO THIS IN STATE LAW THOUGH, IS SCHOOLS. WE CANNOT REQUIRE THEM. THEY HAVE THEY HAVE AN EXCEPTION HERE. SO NICHOLAS, CAN YOU AND I KNOW I'M PUTTING YOU ON THE SPOT AND WE DIDN'T TALK ABOUT THIS BEFORE, BUT CAN YOU GIVE US JUST A LITTLE BIT? AND THE REASON I BRING IT UP IS BECAUSE WE'VE HAD A COUPLE OF SCHOOLS JUST IN THE LAST FEW MONTHS WHERE THERE'S BEEN DRAMATIC IMPACT TO OUR ROADWAYS. WE DIDN'T HAVE KNOWLEDGE OF WHAT THE UTILITY WAS GOING TO BE BECAUSE THE SCHOOL WASN'T REQUIRED TO PROVIDE IT TO US. AND SO WE'RE WE ARE REACTING.

AND SO THERE'S COMMERCIAL, THERE'S RESIDENTIAL, AND THEN THERE'S SCHOOLS. AND THERE ARE THREE THEY'VE BEEN THREE SEPARATE CATEGORIES. WE'RE TRYING TO RIGHTSIZE RESIDENTIAL TO COMMERCIAL. SO THAT WAS A LOT OF THINGS. THAT'S, THAT'S THE LOCATION WHERE, WHERE THIS CONCEPT IS ALL FOUNDED IN STATE LAWS. IN CHAPTER TWO, 12 OF THE LOCAL GOVERNMENT CODE AND SPECIFICALLY, SPECIFICALLY SECTION 904. AND WHAT THAT SAYS IS THAT IF THE CITY IS GOING TO CONDITION SOME SORT OF PROPERTY DEVELOPMENT PROJECT ON THE PAYMENT OR EXACTION OF FUNDS FROM THE DEVELOPER, WELL, THEN THAT PAYMENT OR EXACTION OF FUNDS HAS TO BE, IN, QUOTE, ROUGHLY PROPORTIONATE TO ITS IMPACT ON THE CITY'S INFRASTRUCTURE, AND THAT IS DETERMINED BY AN ENGINEER THAT IS EMPLOYED OR RETAINED BY THE CITY. THERE ARE TIMELINES WITH RESPECT TO APPEALS OF THOSE DECISIONS TO THE COUNCIL IS A STEP IN THOSE APPEALS IN THAT APPEAL PROCESS AS WELL. AS I SIT HERE, I'M NOT FAMILIAR WITH THE STATUTE THAT ACCEPTS THE SCHOOL DISTRICTS FROM THIS REQUIREMENTS, BUT THAT IS THAT IS THE STATE LAW WHERE ALL OF THIS IS FOUND. AND THAT'S EXACTLY WHAT'S CONTAINED IN THE ORDINANCE. THAT'S BEFORE COUNCIL TODAY. AND JUST IN TERMS OF OF RIGHT SIZING TO WHAT COMMERCIAL DOES, MULTIFAMILY IS CURRENTLY REQUIRED TO DO ONE HALF AS WELL. SO WE'RE NOT WE'RE NOT CHANGING.

IT'S THE CHANGE IS FOR RESIDENTIAL. HAVE WE BEEN I'M SORRY, HAVE WE RAN ANY NUMBERS TO SEE WHAT THE COST SAVINGS WOULD HAVE BEEN TO THE CITY OF MIDLAND OVER THE PAST FEW YEARS, BASED ON THE RECENT DEVELOPMENT THAT WE'VE HAD? I ASKED THAT OF STAFF. IT WAS JUST TOO MUCH TO RUN DOWN. BUT WE ASKED THAT QUESTION. THAT'S A REALLY GOOD QUESTION, AND THAT WE WERE GOING TO PUT THAT AS PART OF THE PRESENTATION TO GIVE MORE DATA TO THE COUNCIL AND THE AND THE PUBLIC. BUT NO, WE HAVE NOT DONE THAT. WE COULD TO GET AN IDEA, I WOULD DEFINITELY LIKE TO SEE THAT ESTIMATED, BECAUSE THAT'S THE SAME THING. IT WAS IT WAS A DAUNTING TASK. YEAH.

BUT HONESTLY, IF YOU JUST LOOK AT THAT HEAT MAP, I MEAN, ALL THE ROADS WE BUILT IN DISTRICT FOUR AND DISTRICT ONE ARE PRETTY MUCH TWO EXCESS LARGE HOUSING DEVELOPMENTS. BUT AND THAT'S ALMOST ALL OF OUR NEW ROADS LAST THREE YEARS. IF YOU JUST THROW A NUMBER OUT THERE

[02:50:06]

YES, SIR. THEY DO. THEY'RE NOT GROWING AS FAST. SAN ANGELO IS BUILDING MAJOR ROADS LEFT AND RIGHT. YES, THEIR ROADS ARE VERY. SAN ANGELO IS WAY AHEAD OF US NOW. I WILL SAY ON THE UPSIDE, FOR US HERE IN MIDLAND, YOU KNOW, YOU'VE HAD AN ENGINEERING DEPARTMENT THAT PARTNERS WITH TXDOT, THE COUNCIL. YOU WORKED ON THE MPO, COUNCILMAN LADD. AND WE'VE BEEN ABLE TO LEVERAGE A LOT OF DOLLARS WITH TXDOT AND. AND IT'S A BLESSING AND A CURSE THAT A LOT OF THE ROADS ARE INSIDE CITY LIMITS BECAUSE WE'RE ABLE TO TO LEVERAGE THAT AND PARTNER WITH THEM. YOU KNOW, BIG SPRING, YOU MENTIONED THAT EARLIER, ANDREWS HIGHWAY AND THINGS LIKE THAT. PEOPLE FEEL LIKE THERE ARE ROADS AND THEY ARE, BUT THEY'RE STATE HIGHWAYS.

YEAH. OKAY. THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. WE HAVE NO REQUEST TO SPEAK ON THIS ITEM, SO I'LL CLOSE THE PUBLIC HEARING. IS THERE ANY FURTHER DIALOG OR DISCUSSION OR ACTION THAT ANYONE WOULD LIKE TO TAKE? WE HAVE A MOTION FROM COUNCILMAN STUBBS. WE HAVE A SECOND FROM COUNCILMAN BURKHOLDER. IF THERE IS NO FURTHER DISCUSSION, LET'S VOTE ON ITEM 41. THE MOTION CARRIES UNANIMOUSLY. THANK YOU VERY MUCH. WE'LL GO ON TO ITEM

[42. 2026-149 - RESOLUTION AUTHORIZING THE EXECUTION OF A DONATION AGREEMENT BETWEEN THE CITY OF MIDLAND, TEXAS, PERMIAN RESOURCES OPERATING, LLC, AND CASCADE SERVICES, LLC; SAID DONATION AGREEMENT PROVIDING FOR THE CONSTRUCTION AND DONATION OF CERTAIN PROPOSED IMPROVEMENTS TO WADLEY-BARRON PARK (DISTRICT: 3) (UTILITIES) (PROVIDE SOUND GOVERNANCE & FISCAL MANAGEMENT) ]

AND FOR ANOTHER SUCCESSFUL PUBLIC PRIVATE PARTNERSHIP, WHICH WE'VE HAD SUCH GOOD SUCCESS WITH OVER THE LAST FEW YEARS. SO JUST TO KIND OF GIVE US SOME REFERENCE AND LANDED, I MAY NEED YOU TO CLICK ON THAT FOR ME FOR THE VIDEO. SORRY. JUST TO KIND OF GIVE US A FRAME OF REFERENCE. THIS IS WHERE WE STARTED OUT IN SEPTEMBER. AND THEN JUST AFTER SOME RAIN IN OCTOBER, THIS IS WHAT WE'RE LOOKING AT. LIKE AS OF OCTOBER 5TH, WE DO BELIEVE THAT THE STORM RUNOFF HAS BEEN DIVERTED SINCE SOME OF THE WORK HAS BEEN DONE ON A STREET IN THE SCARBOROUGH DRAW. SO THIS POND, WHICH IS NEVER BEEN TRULY A POND, IT'S A DETENTION POND FOR STORMWATER, IS NO LONGER RECEIVING THE AMOUNT OF STORMWATER THAT IT WANTS AND ORIGINALLY USED TO. SO JUST WANT TO FRAME THAT FOR EVERYONE. I THINK THERE'S SOME MISCONCEPTIONS OUT THERE ABOUT WHAT THIS POND IS. JUST HOW DID WE GET HERE? LITTLE RAINFALL.

[02:55:01]

WE DO NOT HAVE A LINER IN THIS POND. AND WE'LL GO INTO A LITTLE BIT MORE DETAIL IN JUST A MINUTE ON THAT. AT CJ KELLY AND BEALE PARK. WE BOTH HAVE LINERS IN THERE AND WE HAVE ACTIVE WELLS THAT CONTINUOUSLY REFILL THOSE TWO PONDS. AND SO THAT'S WHY YOU DON'T SEE THE SAME ISSUES THAT WE HAVE AT THOSE PONDS HERE AT WADLEY BARON AND THE WELLS THAT WE DO HAVE, WE DRILLED BACK IN 2013, I BELIEVE THERE WAS TWO WELLS DRILLED AND THOSE ONLY PRODUCED BUT A TRICKLE OF WATER. AND SO IT IS NOT ENOUGH TO KEEP UP WITH A CONSTANT LEVEL THAT WE WOULD WE WOULD WANT TO SEE THERE. WE'VE AVOIDED THOSE POTABLE WATER REFILLS JUST BECAUSE. A THEY'RE COSTLY. AND B IT DOESN'T SOLVE THE PROBLEM BECAUSE AGAIN, WE ARE LOSING WATER INTO THE GROUND TABLE AS WELL AS EVAPORATION WITHOUT A LINER. SO FOR US TO CONTINUE TO REFILL IT, YOU ALL HAVE VOICED YOUR CONCERNS. WE KNOW CITIZENS HAVE VOICED THEIR CONCERNS ABOUT CONTINUALLY DOING THAT OVER AND OVER AGAIN. WE'RE TALKING ABOUT $100,000 PLUS WHEN IT COMES TO THE WATER THAT WE HAVE TO GET FROM OUR MUNICIPAL WATER SYSTEM. AND THEN THE THE CHLORINE TABLETS THAT ARE DECHLORINATION TABLETS TO AVOID KILLING THE WILDLIFE.

SO IT'S A VERY COSTLY THING THAT WE CAN'T JUST FILL IT UP. IT'S NOT LIKE YOU RUN A WATER HOSE TO. ABSOLUTELY NOT. AND IT'S A VICIOUS CYCLE. I MEAN, I'VE BEEN HERE NOW GOING ON THREE AND A HALF YEARS AND YOU SAID YOU ALL HAVE SEEN IT AND HEARD IT. I'VE HEARD PLENTY OF IT. AND THE COUNCIL GETS A LOT OF CALLS. AND WHAT WE'VE BEEN DOING IS NOT SOLVING THE PROBLEM. THIS GETS CLOSER TO SOLVING THE PROBLEM. I THINK IT'S REALLY IMPORTANT TO HIGHLIGHT WHAT TAYLOR WAS SAYING ABOUT OUR OUR STORM DRAINAGE AND HOW WE'VE REALLY IMPROVED THAT, WHICH IS A GREAT THING. BUT THAT'S SOMETHING THAT I HEAR, AND I'VE EVEN SAID IT, HAVING LIVED HERE MY WHOLE LIFE, IS IT'S NEVER BEEN AS BAD AS IT IS RIGHT NOW. AND WE'VE HAD FAR WORSE DROUGHTS. BUT THAT'S BECAUSE OF OUR DRAINAGE AND, AND HOW WE'RE ABLE TO MOVE WATER OUT A LOT BETTER THAN WE USED TO. SO THAT'S A GREAT THING. BUT THAT HAS LEFT US IN A REALLY BAD POSITION WITH ONE OF MIDLAND'S LANDMARKS. ABSOLUTELY. AND TO THAT NOTE, TOO, THERE'S A LOT MORE RESIDENTIAL WATER WELLS IN THAT AREA THAT ARE SUCKING BASICALLY OUT OF THAT POND RIGHT NOW. AND SO IT'S EVEN COMPOUNDED WITH THE THE DRAINAGE DIVERSION.

SOME OF THOSE RESIDENTIAL WELLS ARE ALSO PULLING FROM THAT AS WELL. AND THEN EVAPORATION RATE.

I MEAN, WE GENERALLY LOOK DURING THE SUMMER IN WEST TEXAS, I MEAN, PER ACRE, YOU'RE USUALLY ABOUT 4/10 OF AN INCH PER ACRE. SO I MEAN EVAPORATION IS REAL. AND THESE ARE SOME OF THE EFFECTS OF IT AS WELL. AND SO COUNCIL TASKED US WITH FINDING A PERMANENT SOLUTION FOR THIS. AND WE ARE VERY GRATEFUL. ORGANIC CONVERSATIONS KIND OF GOT DRUM UP WITH PERMIAN RESOURCES. AND YOU ALL AS THE MAYOR AND COUNCIL, CONTINUE TO CARRY THAT TORCH WITH THEM. AND WE'RE FINALLY GLAD TO BRING A SOLUTION TO YOU HERE TODAY. SO WE DO HAVE ANOTHER PRESENTATION ON. I'D INVITE JOHNNY HINES FROM PERMIAN RESOURCES TO COME UP AND JUST SAY A FEW WORDS. AND AGAIN, WE'RE VERY GRATEFUL TO PERMIAN RESOURCES. SO THANKS, JOHNNY. THANK YOU. WELCOME, JOHNNY. THANK YOU. JOHNNY HINES, VICE PRESIDENT OF CORPORATE AFFAIRS AT PERMIAN RESOURCES. NO PROPORTIONATE IMPACT ANALYSIS WILL BE DISCUSSED DURING THIS PRESENTATION. SO JUST A LITTLE BIT ABOUT PERMIAN RESOURCES. FOR THOSE THAT DON'T KNOW ABOUT US, WE'RE HEADQUARTERED HERE IN MIDLAND, TEXAS. WE HAVE ABOUT 274 EMPLOYEES IN DOWNTOWN ALONE. WE OCCUPY AND OWN THE SUMMIT BUILDING DOWNTOWN. WE'RE A PURE PLAY PERMIAN OPERATOR, SECOND BIGGEST BEHIND DIAMONDBACK. AND MOST IMPORTANTLY FOR THESE PURPOSES SINCE 2023. WHEN I STARTED IN 2022, WHEN WE WENT PUBLIC, WE'VE INCREASED OUR CHARITABLE GIVING BY SEVEN X, SO $750,000 BACK THEN. NOW WE'RE UP TO APPROXIMATELY 5 MILLION THIS YEAR. SO THAT REALLY SHOWS, YOU KNOW, HOW IMPORTANT WE FIND COMMUNITY GIVING COMMUNITY PARTNERSHIPS AND NOT JUST, YOU KNOW, SPONSORING TABLES AT EVENTS, BUT ACTUALLY MAKING CONTRIBUTIONS AND INVESTMENTS IN PROJECTS LIKE THIS THAT WILL HAVE AN IMPACT FOR MANY YEARS TO COME. KIND OF ALONG THAT LINE, YOU KNOW, WHAT WE'RE TRYING TO DO IS CONTINUE THE TRADITION OF CONCHO RESOURCES, PIONEER, DIAMONDBACK COMMUNITY PARTNERS THAT HAVE FOUND, YOU KNOW, PROJECTS LIKE CENTENNIAL PARK, LIKE THE MIDLAND ATHLETIC SYNDICATE THAT WE INVESTED $5 MILLION INTO THAT ARE GOING TO HAVE AN IMPACT FOR MANY YEARS TO COME FOR OUR CHILDREN, FOR OUR FAMILIES, AND FOR OUR COMMUNITY. SAME THING WITH NORTHWEST YMCA AND THE HABITAT FOR HUMANITY. SO SOME OF THE STUFF WE'RE DOING DOWNTOWN JUST TO, TO BUILD UP THE KIND OF AREA FOR OUR EMPLOYEES AND FOR THE OTHER PEOPLE IN DOWNTOWN INSTEAD OF JUST HAVING, YOU KNOW, LIKE A CAFETERIA THAT, YOU KNOW, YOU WOULD TRADITIONALLY SEE AT A COMPANY, WE'RE TRYING TO CREATE AMENITIES FOR OUR EMPLOYEES THAT ALSO BENEFIT THE DOWNTOWN COMMUNITY AT LARGE. SO YOU SEE FAR WEST COFFEE, WHICH WE PUT IN ABOUT TWO YEARS AGO, AND THEN A RESTAURANT THAT WE PARTNERED WITH CHIP HIDE ON AND OUR BUILDING IN THE LOBBY. AND THEN WE HAVE THE FALL CONCERT THAT'S COMING UP OCTOBER 22ND.

[03:00:06]

SO, YOU KNOW, MIDLAND IS OUR HOME. WE'RE HEADQUARTERED HERE. LIKE WE, WE DRIVE BY, YOU KNOW, THE DUCK POND EVERY DAY ON THE WAY TO WORK. WE SEE THE CONDITION IT'S IN. AND THAT'S WHAT LED TO THIS ORGANIC CONVERSATION WHERE WE REACHED OUT TO YOU GUYS AND SAID, HEY, CAN WE, CAN WE DO SOMETHING TO HELP FIX THIS? AND YOU KNOW, THE ANSWER WE, WE FOUND OUT WAS NOT JUST FILLING IT UP WITH WATER, BUT WHICH WE WERE WILLING TO DO, BUT, YOU KNOW, LINING IT AND COMING UP WITH A PERMANENT LONG TERM SOLUTION, WHICH IS, YOU KNOW, WHAT WE'RE PROPOSING TO DO HERE THROUGH THIS DONATION AGREEMENT. AND I WILL SAY THANK YOU TO TO MAYOR, BELONG TO CITY COUNCIL, TO NICHOLAS, TO TAYLOR FOR KIND OF MAKING THIS NEGOTIATION, FOR LACK OF A BETTER WORD, GO VERY SMOOTHLY ON THIS DONATION AGREEMENT. LIKE WE'RE WE'RE VERY ENTHUSIASTIC ABOUT GETTING THIS ACCOMPLISHED FOR THE COMMUNITY AND FOR OUR EMPLOYEES.

AND IT WAS A VERY EASY, STRESS FREE PROCESS. AND I THINK THE QUICKER WE CAN GET THIS FINISHED, THE BETTER FOR THE COMMUNITY. SO JUST TO WRAP UP, QUALITY OF LIFE IS CRITICAL FOR FOR MIDLAND. IT'S CRITICAL FOR OUR COMPANY. WE NEED, YOU KNOW, THINGS LIKE THIS FOR OUR EMPLOYEES TO ENJOY FOR, YOU KNOW, THIS OUR COMPANY TO BE SUSTAINABLE IN THE FUTURE AND FOR THE COMMUNITY AS A WHOLE. SO NEXT WE HAVE, OKAY, BOBBY JOE CRANE WITH CASCADE SERVICES.

SHE IS THE HEAD OF THE CONTRACTOR ON THIS PROJECT. SHE KNOWS A LOT MORE ABOUT PONDS THAN I DO. SO I WAS GOING TO SEE IF YOU COULD TALK. WELCOME. HI, BOBBY. JOE CRANE, PRESIDENT FOUNDER OF CASCADE SERVICES. ONCE PERMIAN REACHED OUT AND ASKED ME TO COME AND TAKE A LOOK AT THIS DUCK POND. I STARTED LOOKING INTO THE POND ITSELF, AND THERE'S NOT A CURRENT LINER IN THE POND. OKAY. CASCADE DOES ALL TYPES OF DIFFERENT WORK, GOVERNMENT WORK, LANDFILLS. AND AS FAR AS THE APPLICATION, WHAT I WAS CONCERNED OF PUTTING JUST A GEOMEMBRANE LINER IN THE POND, I STARTED LOOKING IN. I WOULD RECOMMEND AFTER ENGINEERING GEOTECHNICAL PERSPECTIVE, THAT A GCL CLAY BENTONITE LINER WOULD BE THE BEST BENEFIT FOR THIS TYPE OF APPLICATION. ALSO, YOU KNOW, BECAUSE SO PEOPLE DON'T JUST THROW THINGS IN IT OR YOU HAVE RIPS AND CONSTANT REPAIRS THAT WE'RE DOING. AND SO GCL, IT'S ACTUALLY MORE OF A FABRIC. IT IS NOT A PLASTIC. SO IT'S A FABRIC THAT HAS A BENTONITE CLAY MATERIAL THAT SWELLS IN BETWEEN. AND SO THERE'S FABRIC ON BOTH SIDES. SOMETIMES PEOPLE GET CONFUSED ON THE LINER APPLICATION WORD, BUT IT IS AN ACTUAL FABRIC AND NOT A GEOMEMBRANE WHICH IS AN ACTUAL LINER. OKAY. AND SO I WANT TO JUST TO GO THROUGH AND EDUCATE ON ACTUALLY WHAT THE CLAY LINER DOES AND HOW IT SEALS. AND HERE'S A CONCEPT DRAWING WE PUT TOGETHER OF THE POND OF THE ACTUAL BENTONITE CLAY LINER. AND THEN WE WILL HAVE A FOOT OF COMPACTED MATERIAL, NATURAL MATERIAL ON TOP OF THE CLAY LINER. AND SO, AND THEN WE WILL BE TYING INTO THE SIDEWALLS AS WELL. AND SO THIS IS A CONCEPT DRAWING OF WHAT OUR TEAM CAME UP WITH.

HERE'S A PROJECT THAT CASCADE HAS ALSO DONE MULTIPLE DIFFERENT ONES. WE'VE DONE THIS ONE IN DALLAS. AFTER GOING THROUGH MY DIFFERENT PROJECTS AND LOOKING AT WHAT MADE ME DECIDE NOT TO USE MORE OF THE PLASTIC IN THE BENTONITE IS BECAUSE WE ALSO DO HAVE OUR DIFFERENT PONDS, YOU KNOW, WITHIN THIS POND, THIS ELEMENT. AND SO I WANT TO MAKE SURE THAT THE CLAY IS ALSO IS MOST NATURAL TO THE ENVIRONMENT AS POSSIBLE. SO I BELIEVE THAT'S ALL I HAVE. THANK YOU GUYS, I APPRECIATE IT. WE APPRECIATE IT. ONE OTHER THING REALLY QUICKLY THAT I RECEIVED A COUPLE OF PHONE CALLS FROM SOME PEOPLE WHO LIVE CLOSE AROUND THE PARK.

JUST EVEN THIS MORNING WHEN THEY SAW THAT THIS WAS GOING TO BE DISCUSSED AND REACHED OUT TO ME TO MAKE SURE, IS THIS GOING TO INCREASE THE RISK OF FLOODING, OR IS THIS GOING TO INCREASE OUR FLOOD INSURANCE? FOR SOME OF THOSE NEIGHBORS THAT ABUT THE PARK, THEY HAVE FLOOD INSURANCE. SO CAN YOU SPEAK TO THAT FROM AN ENGINEERING PERSPECTIVE? CARL.

YES. MAYOR CARL CRAIG PUBLIC WORKS OFFICER SO WE HAD THOSE CONCERNS TOO. WE DON'T WANT TO CREATE A PROBLEM WITH CREATING THIS FOR THE CITY. SO WE REACHED OUT TO SOME OF THE ORIGINAL FLOODPLAIN DESIGNERS THAT HAD HAD ACTUALLY DONE STUDIES OVER THE DUCK POND. THE DUCK POND IS WAS DESIGNED IN THOSE PLANS TO BE FULL. SO IT ONLY HAS IN OUR FLOODPLAIN.

PLANNING A FEW FEET IS WHAT WE NEED IN THERE TO KEEP THE FLOODPLAIN WHERE IT'S AT, SO IT WON'T INCREASE FLOOD IN ANY OF THE SURROUNDING HOUSES. AND WE DO HAVE SUMP PUMPS ALREADY OUT

[03:05:04]

AND THANK YOU TO JOHNNY AND TO TO BOBBY. JOE. AGAIN, WE REALLY APPRECIATE THE PARTNERSHIP.

THIS IS A GREAT PUBLIC PRIVATE PARTNERSHIP. PREMIER RESOURCES HAS BEEN A GREAT PARTNER IN MANY THINGS AROUND THE CITY LATELY. AND JUST WANT TO SAY A BIG THANK YOU TO THEM FOR SEEING THE PROBLEM AND BRINGING IT TO US AND STEPPING UP AND HELPING IT. THAT'S THE KIND OF PARTNERS MIDLAND NEEDS AND WHAT MIDLAND. GREAT. YEAH, ABSOLUTELY. GREAT. THANK YOU.

ALL. THIS DOES REQUIRE ACTION FROM COUNCIL TO RECEIVE THIS DONATION. AND SO WITH OUR VOTE HERE WE SAY THANK YOU. I HAVE A MOTION FROM COUNCILMAN NORMAN, A SECOND FROM COUNCILMAN LADD AND EVERYBODY ELSE. SO WITH THAT, IF THERE'S NO FURTHER DISCUSSION, LET'S VOTE. THE MOTION CARRIES UNANIMOUSLY. THANK YOU ALL. ALL RIGHT. WE WILL MOVE FORWARD TO MAKING

[43. 092-2026 - MOTION MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (DISTRICT: ALL) (CITY SECRETARY) (TRANSPARENT & CONSISTENT COMMUNICATION) ]

IF YOU WOULD WRITE YOUR NOMINATION ON THERE. THE COUNCIL HAS UNANIMOUSLY. GIVEN THE APPOINTMENT TO GEORGE TUNE. OKAY. THANK YOU VERY MUCH. SO WE'LL GO AHEAD. AND DO WE NEED TO TAKE A VOTE FOR THE RECORD. SO WE NEED WE HAVE A MOTION OR WE'VE HAD A NOMINATION UNANIMOUS NOMINATION OF GEORGE TUNE TO SOMEBODY. MAKE THAT IN THE FORM OF A MOTION. I'LL MAKE THAT MOTION. SO WE HAVE A MOTION FROM COUNCILWOMAN POOLE. WE HAVE A SECOND FROM COUNCILMAN STUBBS. ALL THOSE IN FAVOR? AYE, AYE. ANY OPPOSED? THE MOTION CARRIES UNANIMOUSLY.

[PUBLIC COMMENT]

SO I REACH OUT TO THEM AND I SEE EXACTLY WHAT THEY'RE USING, AND I TALK TO THEM ABOUT THE BENEFITS OF WHAT THEY'RE USING VERSUS WHAT WE APPROVED THE FIRE DEPARTMENT TO BUY. AND THIS IS WHERE I THINK THAT WE CAN GET METROPLEX TO COME IN AND HELP. IT'S GOING TO BE A BENEFIT TO OUR COMMUNITY, NOT JUST FOR OUR FIRE DEPARTMENT, BUT FOR OUR POLICE DEPARTMENT.

IT'S CALLED THE SKYDIO. SKYDIO IS AN AUTONOMOUS DRONE. IT IS NOT FLOWN BY ANYONE EXCEPT FOR AI. IT HAS 360 AI OBSTACLE AVOIDANCE. SO EVEN IN OUR WEST TEXAS WEATHER AND THE WINDS ARE

[03:10:02]

THEY LOVE IT. IT GOES OUT ON THE PRIORITY ONE CALLS BEFORE THEY DO. IT IS. IT IS SET ON A DOCK ON TOP OF THE FIRE STATION. THEY HAVE MULTIPLE ONES. THERE'S 4 OR 5. THEY'RE SET ON TOP OF THE FIRE STATIONS. AND WHEN A PRIORITY ONE CALL GOES OUT, THESE ARE AUTOMATICALLY DISPATCHED OUT. THE CHIEF PICKS UP HIS PHONE. HE GETS 100% LIVE FEED. HE IS ABLE TO SEE BECAUSE WITHIN 20S IT'S GONE. IT DOESN'T HAVE TO GO THROUGH THE TRAFFIC. IT DOESN'T HAVE TO WAIT. YOU DON'T HAVE TO BE BEHIND IT. YOU DON'T HAVE TO FOLLOW IT. YOU'RE NOT WORRYING ABOUT YOUR THUMBS. IT IS ALMOST A FLAWLESS SYSTEM. EVEN THEIR DATA IS SO SECURE, IT'S CONSTANTLY CHANGING ITS IP ADDRESS, SO IT'S NOT EASILY HACKED. WHEN THERE IS A SITUATION. IT IS ALSO HAS RADIOMETRIC THERMAL IMAGING. AND WHEN THERE'S A SITUATION FOR A GAS LEAK, OR THERE MIGHT BE A PERSON WHO'S RUNNING THIS RADIOMETRIC THERMAL IMAGING IS ABLE TO DETECT IT TO A TEE. IT IS ABSOLUTELY INCREDIBLE. NOW I WANT TO TELL YOU, WE WE GOT $109,000 DONATED JUST FOR THAT ONE DRONE. YOU CAN HAVE 4 TO 5 DRONES FOR THE SAME CONTRACT YEAR FOR 4 TO $500,000 A YEAR FOR THOSE CONTRACT YEARS. IT'S A MULTI YEAR TERM. WE NEED TO BE UTILIZING THIS. THERE'S NO REASON ODESSA SHOULD BE BETTER THAN US. NONE. BUT THIS IS ALSO GOING TO CUT DOWN ON OUR POLICE FORCE. IF THERE'S A SITUATION WHERE WE HAVE A VEHICLE THAT'S RUNNING. WE JUST GOT RID OF THE FLOCK CAMERAS. THIS IS SOMETHING THAT WE CAN ACTUALLY UTILIZE. THIS IS SOMETHING THAT WE CAN ACTUALLY UTILIZE IN PLACE OF THAT FLOCK. PLEASE DO YOUR HOMEWORK. I WANT IT ON THE NEXT AGENDA. LANCE, WOULD YOU LIKE TO COME FORWARD AND MAKE PUBLIC COMMENT? THANK YOU. GOOD AFTERNOON. FIRST, I'D LIKE TO SAY HAPPY BIRTHDAY TO THE UNITED STATES NAVY, HITTING 251 TODAY. SECOND, I WOULD LIKE TO SEE A A PROPOSAL TO CHANGE THE TIME FOR THE MEETING. 10:00 I'M HAVING TO TAKE A PTO DAY TODAY. I WOULD LIKE TO SEE IT MOVE TO LIKE THREE. IT SHOULDN'T HAVE TO APPLAUD ODESSA FOR HAVING THEIR MEETING AT 3:00. THANK YOU. AT THIS TIME, I'D LIKE TO CALL ROBIN CAMPBELL TO COME FORWARD AND MAKE PUBLIC COMMENT.

HI ROBIN CAMPBELL. PREPARED A FEW NOTES TODAY, AND I'M HERE TO VOICE MY CONCERN AND ASK FOR YOUR HELP AND MAKING SURE M-D-C IS NOT MISUSING OUR FUNDS, THEIR FUNDS. TEXAS GOVERNMENT CODE, CHAPTER 2113 EXPLICITLY PROHIBITS STATE AGENCIES FROM USING APPROPRIATED FUNDS TO PURCHASE ALCOHOLIC BEVERAGES, WITH NARROW EXCEPTIONS SUCH AS LAW ENFORCEMENT UNDER UNDER TEXAS PENAL CODE, SECTION 3902, INTENTIONALLY USING A PUBLIC FUNDED PROCUREMENT CARD FOR UNAUTHORIZED ALCOHOL CONSTITUTES A MISUSE OF OFFICIAL PROPERTY. CROSSING THE LINE IS A SERIOUS CRIME AND RANGES FROM A MISDEMEANOR TO A FIRST DEGREE FELONY. YES, ECONOMIC DEVELOPMENT ENTITIES ARE TREATED DIFFERENTLY IN TERMS OF SPENDING FLEXIBILITY, BUT THEY ARE STILL STRICTLY BOUND BY THE TEXAS CONSTITUTION WHEN IT COMES TO ALCOHOL.

THROUGH OPEN RECORDS, I HAVE SEEN SOME OF MDC'S EXPENSE REPORTS. I HAVE SEEN MULTIPLE RECEIPTS FROM RESTAURANTS WHERE ALCOHOL WAS PURCHASED WITH MDC CREDIT CARDS. I HAVE ASKED MR. BULLOCK, MDC CHAIRMAN, FOR A COPY OF THEIR PERSONNEL POLICIES STARTING OVER A MONTH AGO, AND HE IS STILL NOT PROVIDED IT. I ASKED COUNCILWOMAN POOLE FOR A COPY OF MDC PERSONNEL POLICIES. YOU DID NOT RESPOND TO MY EMAIL. I ASKED MISS HARRIS, EXECUTIVE DIRECTOR, AND SHE TOLD ME TO SUBMIT A PUBLIC RECORDS REQUEST. IT IS NOT CONFIDENTIAL INFORMATION. THERE SHOULD BE NO LEGAL REVIEWING OF IT. THERE SHOULD BE NO REDACTIONS. IT'S RIDICULOUS THAT WE CAN'T GET THAT INFORMATION. I KEEP REPORTING THIS CONCERN AND NOTHING IS BEING DONE ABOUT IT. Y'ALL ARE OUR REPRESENTATIVES. AND IF THEY'RE BREAKING THE LAW WHEN IT COMES TO ALCOHOL PURCHASES, YOU'RE SUPPOSED TO REPORT IT TO THE STATE, TO THE

[03:15:02]

AND I WANT EACH OF YOU TO GET THE DEPARTMENT OF JUSTICE, THE F, B, I, AND ANYONE ELSE FROM A FEDERAL AGENCY TO INVESTIGATE OUR POLICE DEPARTMENT AND OUR RESPONSE TIMES BECAUSE WE SHOULDN'T HAVE A KID BEING THREATENED WITH VIOLENCE OUT AT THE MALL OVER SOME TENNIS SHOES, AND IT TAKES OVER 30 MINUTES FOR AN OFFICER TO GET OUT THERE. AND YET ME, I'M SITTING THERE TRYING TO ATTEND A MEETING, AND THERE CAN BE A POLICE RESPONSE OF LESS THAN FIVE MINUTES FOR THE HOMELESS COALITION MEETING, BUT MORE SERIOUS THINGS GOING ON. IT TAKES TWO HOURS, OVER 30 MINUTES. BUT A GUY WHO IS SUPPOSEDLY CRIMINALLY TRESPASSING JUST BECAUSE HE WANTS TO SIT IN ON A MEETING AND FIND OUT WHAT THESE DIFFERENT ORGANIZATIONS DO, IF THEY'RE ALL ON THE UP AND UP, WHY DO THEY HAVE A PROBLEM? I ATTENDED THE EXACT SAME MEETING BACK IN AUGUST WITH NO PROBLEMS, AND THAT SHOULD CONCERN EACH OF YOU BECAUSE THAT'S MY TAX DOLLARS. IT'S ALL OF OUR TAX DOLLARS, AND YOU GIVE IT TO THESE ORGANIZATIONS. AND I WANT TO KNOW ALSO FOR YOU TO START MAKING IT EASIER TO GET THIS INFORMATION. I MEAN, AND TO EXTEND OUR THREE MINUTES ISN'T ENOUGH. I MEAN, THAT'S WHY I'VE ASKED YOU ALL TO NOT GO ON. K WILL THEY BAN US. YOU GOING THERE TO HEAR FROM THE COMMUNITY. BUT THEY'VE BANNED A WHOLE WIDE SWATH OF THE COMMUNITY AND YOU ALL AVAIL YOURSELVES TO THAT. SO I MEAN, MAKE IT EASIER, LIKE ROBIN SAID, FOR US TO COME AND ADDRESS YOU AND TO HAVE A CONVERSATION WITH

[EXECUTIVE SESSION]

DISCUSS MATTERS IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS, CLEARLY CONFLICT WITH CHAPTER FIVE FIVE, ONE OF THE TEXAS GOVERNMENT CODE DISCUSS PENDING OR CONTEMPLATED LITIGATION. SECTION 551072 DELIBERATION REGARDING REAL PROPERTY.

DISCUSS THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. SECTION 55107 FOR 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. SECTION 551087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.

[03:20:05]