On the agenda: Midland City Council Meeting — DATA CENTER (Feb 28)

MIDLAND CITY COUNCIL
MINUTES
February 28, 2012
BRIEFING SESSION
The City Council convened in a Briefing Session in the basement conference room, City Hall,
Midland, Texas, at 9:00 a.m. on February 28, 2012.
Council Members present:

Mayor W. Wesley Perry, Council Member Jeff Sparks (District 1),
Council Member Vicky Hailey (District 2), and Council Member
John James (District 3), Council Member Michael Trost (District 4).

Council Members absent:

Mayor Pro Tem Jerry Morales (At-Large), Council Member Scott
Dufford (At-Large). (Dufford arrived at 9:05 a.m.)

Staff members present:

City Manager Courtney Sharp, City Attorney Keith Stretcher,
Deputy City Manager Tommy Hudson, Assistant City Manager Jim
Nichols, City Secretary Amy Turner, Development Services
Director Rick Crownover, Police Chief Price Robinson, General
Services Director Robert Patrick, Utilities Director Stuart Purvis,
Solid Waste Director Morris Williams, Environmental Compliance
Specialist Jill Reed, Solid Waste Superintendent Jeffrey Ahrlett,
Customer Service Division Manager Tony Goyang, Planning
Division Manager Cameron Walker, Oil & Gas Compliance Officer
Ron Jenkins, City Engineer David Beard, Public Information
Officer Tasa Watts, and Multimedia Developer Ryan Stout.

1.

Receive an update from staff regarding the Solid Waste Department.
Solid Waste Director Morris Williams presented a PowerPoint presentation reviewing
changes made since 2010 and the department challenges. Discussion ensued
regarding plastic bags/litter, the Citizen Collection station and recycling.

2.

Presentation and discussion regarding the Drought Contingency Plan.
Utilities Director Stuart Purvis reported that the amount of water received from CRMWD
would decrease. The city would be divided into six zones and every customer would be
allotted two hours watering per week. He reviewed proposed changes such as a
moratorium on installing additional meters on the same property. He reviewed the
proposed Ordinance that would be considered in the regular meeting which includes
multipliers on the top tiers of water consumption.
City Manager Sharp reported that a media campaign would begin explaining the
restrictions. Discussion ensued where some felt a higher water bill would be the best
education. Council consensus was to have the first and second reading of the new
ordinance as soon as possible.

3.

Receive information and discuss establishing an ordinance prohibiting texting while
driving.
In the interest of time, this item would be discussed at retreat.

The foregoing agenda items were discussed by the City Council with no formal action taken.
The Briefing Session was adjourned at 10:00 a.m.
REGULAR SESSION
The City Council convened in regular session in the Council Chamber, City Hall, Midland,
Texas, at 10:08 a.m., February 28, 2012.
Council Members present:

Mayor W. Wesley Perry, Council Member Scott Dufford (AtLarge), Council Member Jeff Sparks (District 1), Council Member
Vicky Hailey (District 2), and Council Member John James (District
3), Council Member Michael Trost (District 4).

Council Members absent:

Mayor Pro Tem Jerry Morales (At-Large).

Staff members present at the annex table: City Manager Courtney Sharp, City Attorney Keith
Stretcher, Deputy City Manager Tommy Hudson, and Assistant
City Manager Jim Nichols.
The City Council heard the agenda items in the following order: 1, 2, 3, 4, 13, 5, 6, 7, 8, 9, 10,
11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 51, 35,
36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61,
62.
OPENING ITEMS
1.

Invocation - Reverend Dr. Michael Philliber, Providence Presbyterian Church (PCA)

2.

Pledge of Allegiance

PRESENTATIONS
3.

Presentation of special events, organizations, individuals, or periods of time.
No presentations were made.

PUBLIC COMMENT
4.

Receive public comments where individuals may address the City Council on City
related issues and projects. Any deliberation of or decision by the City Council regarding
the item being discussed shall be limited to a motion to place the item on the agenda for
a subsequent meeting.
Robert Porter presented a map to the City Council and requested their assistance with
infrastructure in an area of town of where low income housing could be built. He also
requested that incentives be given to builders who build low income housing.
There were no other requests by citizens to speak.

CONSENT AGENDA
The following item was pulled from consent agenda and considered first.
13.

Consider a resolution authorizing the execution of a sports agreement with the Greater
Midland Football League to administer programs, special events, and services related to

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February 28, 2012

football. (Community Services)
RESOLUTION NO. 2012 - 046
RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
THE GREATER MIDLAND FOOTBALL LEAGUE TO ADMINISTER PROGRAMS,
SPECIAL EVENTS AND SERVICES RELATED TO FOOTBALL
In response to a question if changes were made to the sports agreements, Community
Services Director Tina Jauz, noted that the process was changed and that only the
sports associations who were able to provide reporting from 2011, turned in their
insurance certificates and signed their agreements were on the agenda.
Council Member Trost moved to adopt Resolution No. 2012-046; seconded by Council
Member Hailey. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
Council Member Sparks moved to approve Consent Agenda items 5 - 25 excluding 13;
seconded by Council Member James. The motion carried by the following vote: AYE: Trost,
Hailey, Perry, Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
5.

Approved a motion approving the following minutes:
a.

6.

Regular Meeting Minutes of February 14, 2012.

Approved a resolution approving the purchase of Limestone Rock Asphalt Coldmix
through State of Texas Contract 745-A1 for the Transportation Division. (General
Services)
RESOLUTION NO. 2012 - 039
RESOLUTION APPROVING THE PURCHASE OF 750 TONS OF TYPE-1, GRADE CC
LIMESTONE ROCK ASPHALT COLD MIX THROUGH THE TEXAS COMPTROLLER
OF PUBLIC ACCOUNTS CONTRACT 745-A1 (TCPAC) AT A TOTAL COST OF
$56,250.00; AND THIS ITEM WAS NOT BID BUT PURCHASED THROUGH A
COOPERATIVE PURCHASING PROGRAM

7.

Approved a resolution approving the purchase of a storage area network for the
Communication and Information Systems Department. (General Services)
RESOLUTION NO. 2012 - 040
RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT TO PROVIDE
AND INSTALL A PRIMARY STORAGE AREA NETWORK (SAN) WITHIN THE CITY
OF MIDLAND’S DATA CENTER WITH DELL MARKETING, L.P., AT A TOTAL COST
OF $74,315.33

8.

Approved a resolution approving plans and specification and authorizing advertisement
for bids for replacement of windows/glass at the Martin Luther King, Jr. Community
Center training room area. (General Services)
RESOLUTION NO. 2012 - 041
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR THE ADDING OF WINDOWS AT THE MARTIN
LUTHER KING JR. COMMUNITY CENTER TRAINING ROOM

9.

Approved an Interlocal Agreement with the North Central Texas Council of

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Governments approving a cooperative program for Service Line Protection programs.
(General Services)
RESOLUTION NO. 2012 - 042
RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT
WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS APPROVING A
COOPERATIVE PROGRAM FOR SERVICE LINE PROTECTION PROGRAMS
10.

Approved a resolution approving a contract with Utility Service Partners Private Label,
Incorporated to provide utility service line warranties to City of Midland homeowners.
(General Services)
RESOLUTION NO. 2012 - 043
RESOLUTION AUTHORIZING THE EXECUTION OF A MARKETING AGREEMENT
WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INCORPORATED, DBA
SERVICE LINE WARRANTIES OF AMERICA, ALLOWING THE OFFER OF UTILITY
SERVICE LINE WARRANTIES TO MIDLAND RESIDENTS

11.

Approved a resolution suspending the effective date of Atmos Energy Corporation
proposed rate increase. (City Manager)
RESOLUTION NO. 2012 - 044
RESOLUTION OF THE CITY OF MIDLAND, TEXAS, SUSPENDING THE MARCH 13,
2012, EFFECTIVE DATE OF ATMOS ENERGY CORP., WEST TEXAS DIVISION
(“ATMOS WEST TEXAS”) REQUESTED RATE CHANGE TO PERMIT THE CITY TIME
TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES
SERVED BY ATMOS WEST TEXAS (“CITIES”) TO HIRE LEGAL AND CONSULTING
SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF
CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND CITIES’
LEGAL COUNSEL

12.

Approved a resolution requesting permission to submit a grant application for the
FY2013 Edward Byrne Memorial Justice Assistance Grant Program through the Office
of the Governor of Texas Criminal Justice Division. (Police)
RESOLUTION NO. 2012 - 045
RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE
OFFICE OF THE GOVERNOR OF TEXAS CRIMINAL JUSTICE DIVISION FOR
FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM; SAID FUNDS FROM THIS GRANT WILL BE USED TO PURCHASE A
USE OF FORCE SIMULATOR AND INTERACTIVE CLASSROOM EQUIPMENT
WHICH WILL SIMULATE REAL LIFE USE OF FORCE SCENARIOS THAT OFFICERS
COULD POSSIBLY FACE, SUCH AS DEADLY FORCE OR ACTIVE SHOOTER
CIRCUMSTANCES, THEREBY REFINING THE DECISION MAKING PROCESS IN
ACCORDANCE WITH FEDERAL, STATE, AND DEPARTMENT POLICIES

14.

Approved a resolution authorizing the execution of a sports agreement with Midland
Junior Baseball Association, Incorporated, to administer programs, special events, and
services related to baseball for men ages nineteen and younger. (Community Services)

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RESOLUTION NO. 2012 - 047
RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
MIDLAND JUNIOR BASEBALL ASSOCIATION, INCORPORATED, TO ADMINISTER
PROGRAMS, SPECIAL EVENTS AND SERVICES RELATED TO BASEBALL FOR
MEN AGES NINETEEN AND YOUNGER
15.

Approved a resolution authorizing the execution of a sports agreement with the City of
Midland Aquatics, Incorporated, to administer programs, special events, and other
services related to swimming in the City of Midland; the term of the agreement is from
February 29, 2012, through December 31, 2012; and the contract covers Doug Russell
Pool. (Community Services)
RESOLUTION NO. 2012 - 048
RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
CITY OF MIDLAND AQUATICS, INCORPORATED, TO ADMINISTER PROGRAMS,
SPECIAL EVENTS, AND OTHER SERVICES RELATED TO SWIMMING IN THE CITY
OF MIDLAND; THE TERM OF THE AGREEMENT IS FROM FEBRUARY 29, 2012
THROUGH DECEMBER 31, 2012; AND THE CONTRACT COVERS THE DOUG
RUSSELL POOL

16.

Approved a resolution authorizing the execution of a sports agreement with Midland
Soccer Association, Incorporated, to administer programs, special events, and services
related to soccer for youth ages nineteen and younger. (Community Services)
RESOLUTION NO. 2012 - 049
RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
MIDLAND SOCCER ASSOCIATION, INCORPORATED, TO ADMINISTER
PROGRAMS, SPECIAL EVENTS AND SERVICES RELATED TO SOCCER

17.

Approved a resolution authorizing the execution of a sports agreement with the Midland
Adult Soccer League to administer programs, special events, and services related to
soccer for adults ages nineteen and older. (Community Services)
RESOLUTION NO. 2012 - 050
RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
THE MIDLAND ADULT SOCCER LEAGUE TO ADMINISTER PROGRAMS, SPECIAL
EVENTS AND SERVICES RELATED TO SOCCER FOR ADULTS AGES NINETEEN
(19) AND OLDER

18.

Approved a resolution authorizing the execution of a sports agreement with Midland
Softball Association, Incorporated, to administer programs, special events, and services
related to softball for adults ages fifteen and older. (Community Services)
RESOLUTION NO. 2012 - 051
RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
MIDLAND SOFTBALL ASSOCIATION, INCORPORATED, TO ADMINISTER
PROGRAMS, SPECIAL EVENTS AND SERVICES RELATED TO SOFTBALL FOR
ADULTS AGES FIFTEEN (15) AND OLDER

19.

Approved a resolution authorizing the execution of a sports agreement with Midland
United Girls Softball Association, Incorporated, to administer programs, special events,
and services related to softball for girls. (Community Services)
RESOLUTION NO. 2012 - 052

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RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
MIDLAND UNITED GIRLS SOFTBALL ASSOCIATION, INCORPORATED TO
ADMINISTER PROGRAMS, SPECIAL EVENTS AND SERVICES RELATED TO
SOFTBALL FOR GIRLS
20.

Approved a resolution authorizing the execution of a sports agreement with the Texas
Cricket Club to administer programs, special events, and services related to cricket.
(Community Services)
RESOLUTION NO. 2012 - 053
RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
THE TEXAS CRICKET CLUB TO ADMINISTER PROGRAMS, SPECIAL EVENTS AND
SERVICES RELATED TO CRICKET

21.

Approved a resolution authorizing the execution of a sports agreement with West Texas
BMX to administer programs, special events, and services related to BMX (Bicycle
Motocross) racing and riding. (Community Services)
RESOLUTION NO. 2012 - 054
RESOLUTION AUTHORIZING THE EXECUTION OF A SPORTS AGREEMENT WITH
WEST TEXAS BMX TO ADMINISTER PROGRAMS, SPECIAL EVENTS AND
SERVICES RELATED TO BMX RACING AND RIDING

22.

Approved a resolution approving the execution of a Task Order Contract with HDR
Engineering, Inc. (Utilities)
RESOLUTION NO. 2012 - 055
RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT TASK ORDER WITH HDR ENGINEERING, INCORPORATED, FOR
PROFESSIONAL SERVICES REGARDING THE CITY’S PERMIT ISSUED FROM THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR OPERATIONS AT THE
WATER POLLUTION CONTROL PLANT, PLANT FARM AND SPRABERRY FARM, AT
AN ESTIMATED TOTAL COST OF $35,150.00

23.

Approved a motion on a request by West Company of Midland for Montgomery Addition
(Section 4), to approve items requested for deferral, and to waive the associated public
improvement guarantee. This subdivision is positioned in the City Limits, generally
located on the west side of Fairgrounds Ave. approximately 1,100 feet north of Business
I-20. Total deferral amount is $42,550. (Engineering)

24.

Approved a resolution approving a promotional agreement between the Midland
Development Corporation and the Downtown Midland Management District. (City
Attorney)
RESOLUTION NO. 2012 - 056
RESOLUTION APPROVING A PROMOTIONAL AGREEMENT BETWEEN THE
MIDLAND DEVELOPMENT CORPORATION AND THE DOWNTOWN MIDLAND
MANAGEMENT DISTRICT TO ADVERTISE OR PUBLICIZE THE CITY OF MIDLAND
FOR THE PURPOSE OF DEVELOPING NEW AND EXPANDED BUSINESS
ENTERPRISES

25.

Approved a resolution authorizing a request for qualifications to select a Planning firm to
rewrite the city's zoning regulations. (Planning)

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RESOLUTION NO. 2012 - 057
RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE A REQUEST
FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES FOR REVISIONS TO THE
CITY OF MIDLAND’S ZONING CODE REGULATIONS; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT FOR SAID
SERVICES; AND PROVIDING THAT SAID AGREEMENT SHALL NOT BECOME
EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL
SECOND READINGS
26.

Consider an ordinance making certain transfers in various funds of the 2010 - 2011
fiscal year budget and making certain budget amendments and ordering recordation.
(Finance)
ORDINANCE NO. 8987
ORDINANCE MAKING CERTAIN TRANSFERS IN VARIOUS FUNDS OF THE 20102011 FISCAL YEAR BUDGET AND MAKING CERTAIN BUDGET AMENDMENTS;
AND ORDERING RECORDATION
Deputy City Secretary Reyes read the caption of Ordinance No. 8987.
Council Member James moved to approve the second and final reading of Ordinance
No. 8987 in accordance with the Charter of the City of Midland; seconded by Council
Member Sparks. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

27.

Consider an ordinance on second reading providing the Midland Chamber of Commerce
Convention and Visitors Bureau with additional funds to promote tourism in Midland.
(Community Services)
ORDINANCE NO. 8988
AN ORDINANCE AMENDING THE OFFICIAL MUNICIPAL BUDGET FOR FISCAL
YEAR 2011-2012 IN ORDER TO PROVIDE ADDITIONAL FUNDS TO THE MIDLAND
CHAMBER OF COMMERCE FOR A FOURTH OF JULY EVENT IN DOWNTOWN
MIDLAND; THE ADDITIONAL FUNDING PROVIDED WILL HELP PROMOTE
TOURISM IN THE CITY OF MIDLAND; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE MIDLAND CHAMBER OF COMMERCE
Deputy City Secretary Reyes read the caption of Ordinance No. 8988.
Council Member Hailey moved to approve the second and final reading of Ordinance
No. 8988 in accordance with the Charter of the City of Midland; seconded by Council
Member Trost.
Council Member James moved to amend the motion by authorizing the City Manager to
execute the contract; seconded by Council Member Hailey. The motion to amend
carried by the following vote: AYE: Trost, Hailey, Perry, Dufford, James, Sparks. NAY:
None. ABSTAIN: None. ABSENT: Morales.
The motion, as amended, carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

28.

Consider an ordinance on second reading on a request by Western International for a
zone change from PD, Planned District for a Shopping Center, to an Amended Planned

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District on a 4.16-acre tract of land out of Section 37, Block 40, T-1-S, T&P RR Co.
Survey, Midland County, Texas. (Generally located on the northwest corner of the
intersection of North Loop 250 and Deauville.) (Planning)
ORDINANCE NO. 8980
ORDINANCE CHANGING THE ZONING CLASSIFICATION BY AMENDING CHAPTER
ONE, TITLE XI, OF THE CITY CODE OF MIDLAND, TEXAS, BY PERMITTING A 4.18ACRE TRACT OF LAND (BEING 6.68 ACRES INCLUSIVE OF ADJACENT RIGHTSOF-WAY) OUT OF SECTION 37, BLOCK 40, T-1-S, T&P RR CO. SURVEY, CITY AND
COUNTY OF MIDLAND, TEXAS, AND MORE SPECIFICALLY DESCRIBED IN
SECTION ONE HEREOF, WHICH IS PRESENTLY ZONED PD, PLANNED DISTRICT
FOR A SHOPPING CENTER, TO BE USED AS AN AMENDED PLANNED DISTRICT
(GENERALLY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION
OF DEAUVILLE BOULEVARD AND LOOP 250); PROVIDING FOR SUCH USE TO BE
SUBJECT TO CERTAIN SPECIAL CONDITIONS AND RESTRICTIONS AS SET OUT
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
Deputy City Secretary Reyes read the caption of Ordinance No. 8980.
Council Member James moved to approve the second and final reading of Ordinance
No. 8980 in accordance with the Charter of the City of Midland; seconded by Council
Member Hailey. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
29.

Consider an ordinance on second reading on a request by Daniel Dirlam for a zone
change from LR-2, Local Retail District to C-3, Commercial District on Lot 12A, Block 1,
Jesse Anne Village, Section 5, City and County of Midland, Texas. (Generally located
at the east side of South Midland Drive, approximately 550 feet north of West Wall
Street.) (Planning)
ORDINANCE NO. 8981
ORDINANCE CHANGING THE ZONING CLASSIFICATION BY AMENDING CHAPTER
ONE, TITLE XI, OF THE CITY CODE OF MIDLAND, TEXAS, BY PERMITTING LOT
12A, BLOCK 1, JESSE ANNE VILLAGE, SECTION 5, CITY AND COUNTY OF
MIDLAND, TEXAS, WHICH IS PRESENTLY ZONED LR-2, LOCAL RETAIL DISTRICT,
TO BE USED AS A C-3, COMMERCIAL DISTRICT (GENERALLY LOCATED ON THE
EAST SIDE OF SOUTH MIDLAND DRIVE, APPROXIMATELY 550 FEET NORTH OF
WEST WALL 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
Deputy City Secretary Reyes read the caption of Ordinance No. 8981.
Council Member Hailey moved to approve the second and final reading of Ordinance
No. 8981 in accordance with the Charter of the City of Midland; seconded by Council
Member Trost. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

30.

Consider an ordinance on second reading on a request by Jeffrey Benson for a zone
change from LR-3, Local Retail District to PD, Planned District for a Shopping Center on
Lots 1 through 4, Block 2, Gateway Plaza, City and County of Midland, Texas.

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(Generally located on the northeast corner of the intersection of Business I-20 and
Liberty Drive.) (Planning)
ORDINANCE NO. 8982
ORDINANCE CHANGING THE ZONING CLASSIFICATION BY AMENDING CHAPTER
ONE, TITLE XI, OF THE CITY CODE OF MIDLAND, TEXAS, BY PERMITTING LOTS
1-4, BLOCK 2, GATEWAY PLAZA, CITY AND COUNTY OF MIDLAND, TEXAS,
WHICH IS PRESENTLY ZONED LR-3, LOCAL RETAIL DISTRICT, TO BE USED AS A
PD, PLANNED DISTRICT FOR A SHOPPING CENTER (GENERALLY LOCATED ON
THE NORTHEAST CORNER OF THE INTERSECTION OF BUSINESS INTERSTATE
20 AND LIBERTY DRIVE); PROVIDING FOR SUCH USE TO BE SUBJECT TO
CERTAIN SPECIAL CONDITIONS AND RESTRICTIONS AS SET OUT 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
Deputy City Secretary Reyes read the caption of Ordinance No. 8982.
Council Member Trost moved to approve the second and final reading of Ordinance No.
8982 in accordance with the Charter of the City of Midland; seconded by Council
Member Sparks. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
31.

Consider an ordinance on second reading on a request by City of Midland - FM 1788 a
City-initiated proposal for a zone change from FD, Future Development District to IP-2,
Industrial Park District on a 156.88-acre tract of land out of Section 6, 7 and 8, Block 40,
T-2-S, T&P RR Co. Survey, Midland County, Texas. (Generally located on the east side
of South Farm to Market 1788 north of West Business I-20.) (Planning)
ORDINANCE NO. 8983
ORDINANCE CHANGING THE ZONING CLASSIFICATION BY AMENDING CHAPTER
ONE, TITLE XI, OF THE CITY CODE OF MIDLAND, TEXAS, BY PERMITTING A
156.88-ACRE TRACT OF LAND OUT OF SECTIONS 6, 7 AND 8, BLOCK 40, T-2-S,
T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS, WHICH IS
PRESENTLY ZONED FD, FUTURE DEVELOPMENT DISTRICT, TO BE USED AS AN
IP-2, INDUSTRIAL PARK DISTRICT (GENERALLY LOCATED ON THE EAST SIDE OF
FARM-TO-MARKET ROAD 1788, NORTH OF BUSINESS INTERSTATE 20);
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
Deputy City Secretary Reyes read the caption of Ordinance No. 8983.
Council Member Sparks moved to approve the second and final reading of Ordinance
No. 8983 in accordance with the Charter of the City of Midland; seconded by Council
Member Trost. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales, Dufford.

32.

Consider an ordinance on second reading on a request by C. Hollis Construction for a
Special Exception to the Zoning Code concerning the side yard setback requirements
for a garage on Lots 1 and 2, Block 108, West End Addition, City and County of
Midland, Texas. (Generally located on the southwest corner of the intersection of
Holloway Avenue and South "K" Street.) (Planning)

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ORDINANCE NO. 8984
ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOTS 1 AND 2, BLOCK 108,
WEST END ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF HOLLOWAY AVENUE AND SOUTH
“K” STREET), BY PERMITTING AN ENCROACHMENT INTO THE REQUIRED SIDE
YARD SETBACK FOR CONSTRUCTION OF A GARAGE; 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
Deputy City Secretary Reyes read the caption of Ordinance No. 8984.
Council Member Hailey moved to approve the second and final reading of Ordinance
No. 8984 in accordance with the Charter of the City of Midland; seconded by Council
Member Sparks. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
33.

Consider an ordinance on second reading on a request by Nikki Gatlin for a Specific
Use Permit with Term for a Day Care Center on 10,950 square feet out of Lot 1A, Block
4, Alamo Heights, Section 2, City and County of Midland, Texas. (Generally located on
the northwest corner of the intersection of North Midland Drive and Crockett Avenue.)
(Planning)
ORDINANCE NO. 8985
ORDINANCE CHANGING THE ZONING USE CLASSIFICATION OF THE PROPERTY
DESCRIBED AS LOT 1A, BLOCK 4, ALAMO HEIGHTS, SECTION 2, CITY AND
COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTHWEST
CORNER OF MIDLAND DRIVE AND CROCKETT AVENUE), WHICH IS PRESENTLY
ZONED MF-1, MULTIPLE-FAMILY DWELLING DISTRICT, BY PERMITTING SAID
PROPERTY TO BE USED UNDER A SPECIFIC USE PERMIT WITH TERM FOR A
DAY CARE CENTER; MAKING SAID PERMIT 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
Deputy City Secretary Reyes read the caption of Ordinance No. 8985.
Council Member Sparks moved to approve the second and final reading of Ordinance
No. 8985 in accordance with the Charter of the City of Midland; seconded by Council
Member Hailey. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

34.

Consider an ordinance on second reading on a request for the vacation of a 0.52-acre
tract vacating rights-of-way of streets and alleys in Block 79, East Midland and Blocks 2
and 4, Glenn Frances Addition, City and County of Midland, Texas. (Generally located
near the southeast corner of the intersection of East Golf Course Road and North
Jackson Street.) (Planning)
ORDINANCE NO. 8986
ORDINANCE VACATING AND ABANDONING A 0.52-ACRE TRACT OF STREET AND
ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 79, EAST MIDLAND ADDITION, AND
BLOCKS 2 AND 4, GLENN FRANCES ADDITION, CITY AND COUNTY OF MIDLAND,

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TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF EAST GOLF
COURSE ROAD AND NORTH JACKSON STREET); ADOPTING THE APPRAISAL BY
THE CITY MANAGER OF $2,265.00; WAIVING THE FEE FOR THE COST OF THE
RIGHT-OF-WAY; REPEALING ORDINANCE NO. 8969; AND ORDERING
RECORDATION BY THE CITY SECRETARY
Deputy City Secretary Reyes read the caption of Ordinance No. 8986.
Council Member Hailey moved to approve the second and final reading of Ordinance
No. 8986 in accordance with the Charter of the City of Midland; seconded by Council
Member James. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
PUBLIC HEARINGS
35.

At approximately 10:30 A.M. hold a public hearing and consider a resolution on a
request by Butch Corey for a Temporary Land Use permit for a Carnival on Lot 1, Block
17, Skyline Terrace, Unit 2, City and County of Midland, Texas. (Generally located on
the southwest corner of the intersection of West Loop 250 North and North Midkiff
Road.) (Planning)
RESOLUTION NO. 2012 - 058
RESOLUTION AUTHORIZING THE TEMPORARY USE OF LAND FOR A CARNIVAL
ON LOT 1, BLOCK 17, SKYLINE TERRACE, UNIT 2, CITY AND COUNTY OF
MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
THE INTERSECTION OF WEST LOOP 250 NORTH AND NORTH MIDKIFF ROAD);
AND MAKING SAID PERMIT SUBJECT TO CERTAIN SPECIAL CONDITIONS AND
RESTRICTIONS CONTAINED HEREIN; AND PROVIDING THAT THE CHIEF OF
POLICE SHALL ENSURE THAT ALL PARTICIPANTS ARE LICENSED PURSUANT
TO TITLE V, CHAPTER 9 OF THE MIDLAND CITY CODE
Planning Division Manager Walker gave an overview of the item.
Mayor Perry opened the public hearing at 10:38 a.m. There being no one present
wishing to speak, the public hearing was immediately closed.
Council Member Hailey moved to adopt Resolution No. 2012-058; seconded by Council
Member Trost. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

36.

At approximately 10:33 A.M. hold a public hearing and consider a consider a resolution
on a request by Fairmont Park Church of Christ for a Temporary Land Use permit for RV
parking on Lot 1, Block 5, Fairmont Park Addition, Section 2 and on a .96-acre tract of
land out of Section 18, Block 39, T-1-S, T&P RR Co. Survey, City and County of
Midland, Texas. (Generally located on the northwest corner of the intersection of North
Midland Drive and Fairbanks Drive.) (Planning)
RESOLUTION NO. 2012 - 059
RESOLUTION AUTHORIZING THE TEMPORARY USE OF LAND FOR MOTOR
HOME PARKING ON LOT 1, BLOCK 5, FAIRMONT PARK ADDITION, SECTION 2,
AND ON A 0.96-ACRE TRACT OF LAND OUT OF SECTION 18, BLOCK 39, T-1-S,
T&P RR CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY
LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF NORTH
MIDLAND DRIVE AND FAIRBANKS DRIVE); AND MAKING SAID PERMIT SUBJECT

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TO CERTAIN SPECIAL CONDITIONS AND RESTRICTIONS CONTAINED HEREIN
Planning Division Manager Walker gave an overview of the item noting one letter of
objection had been received, that staff supported the request and that no generators
would be in used on the property.
Mayor Perry opened the public hearing at 10:41 a.m. There being no one present
wishing to speak, the public hearing was immediately closed.
Council Member Sparks moved to adopt Resolution No. 2012-059; seconded by Council
Member Hailey. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
38.

At approximately 10:39 A.M. hold a public hearing on a request by Callon Petroleum
Operating Company (Pecan Acres 23 #3) for a Permit to Drill an Oil and Gas Well within
the City Limits, located 704’ FNL and 2007’ FWL, Section 23, Block 40, T-1-S, T&P RR
Co. Survey, Midland, Texas. (Generally located on the west side of Golden Gate Drive,
approximately ¾ mile north of Briarwood Avenue.) (Planning)
Oil & Gas Compliance Officer Ron Jenkins gave overview of the item noting that the Oil
& Gas Advisory Committee reviewed the item and approved it with a landscape variance
not to exceed two years, allowed for the use of steel coated tanks instead of fiberglass
for water containment, and allowed multiple wells on pad sites.
Mayor Perry opened the public hearing at 10:47 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

39.

At approximately 10:42 A.M. hold a public hearing on a request by Callon Petroleum
Operating Company (Pecan Acres 23 #6) for a Permit to Drill an Oil and Gas Well within
the City Limits, located 651’ FSL and 2040’ FWL, Section 23, Block 40, T-1-S, T&P RR
Co. Survey, Midland County, Texas. (Generally located on the west side of Golden
Gate Drive, approximately 650 feet north of Briarwood Avenue.) (Planning)
Oil and Gas Compliance Officer Ron Jenkins gave an overview of the item noting it was
the same information as the previous item with the same variances.
Mayor Perry opened the public hearing at 10:48 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

40.

At approximately 10:45 A.M. hold a public hearing on a request by Callon Petroleum
Operating Company (Pecan Acres 23 #12) for a Permit to Drill an Oil and Gas Well
within the City Limits, located 1911’ FEL and 2009’ FNL, Section 23, Block 40, T-1-S,
T&P RR Co. Survey, Midland County, Texas. (Generally located on the west side of
Golden Gate Drive, approximately ½ mile north of Briarwood Avenue.) (Planning)
Oil & Gas Compliance Officer Jenkins reported that this was the same information as
the prior reports with the same variance requests and the same recommendation. He
noted that no letters of objection had been received for any of the items.
Mayor Perry opened the public hearing at 10:49 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

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February 28, 2012

41.

At approximately 10:48 A.M. (Tract 1) hold a public hearing regarding the annexation of
a city-owned tract of land being a 40.46-acre tract of land out of Section 45, Block 40, T1-S, T&P RR Co. Survey, Midland County, Texas. (Generally located on the north of
Midland International Airport.) (Planning)
Planning Division Manager Walker gave an overview of the item noting there were six
parcels of land owned by City and that the City wished to incorporate them within the
City limits. He reported that there were two privately owned parcels where the owners
were requesting annexation, one for residential purposes and the second for a key retail
corner. He explained the first tract is City owned.
Mayor Perry opened the public hearing at 10:50 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

42.

At approximately 10:49 A.M. (Tract 2) hold a public hearing regarding the annexation of
a city-owned tract of land being a 96.28-acre tract of land out of Section 43 & 44, Block
40, T-2-S and Sections 4 and 5, Block 40 T-2-S, T&P RR Co. Survey, Midland County,
Texas. (Generally located northwest of Midland International Airport) (Planning)
Planning Division Manager Walker gave an overview of the item noting this is also a
tract owned by the City.
Mayor Perry opened the public hearing at 10:51 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

43.

At approximately 10:50 A.M. (Tract 3) hold a public hearing regarding the annexation of
a city-owned tract of land being a 55.08-acre tract of land out of Sections 8, 9, 16 & 17,
Block 40, T-2-S, T&P RR Co. Survey, Midland County, Texas. (Generally located south
of Midland International Airport.) (Planning)
Planning Division Manager Walker gave an overview of the item noting that this parcel is
just over 55 acres, that a small portion was owned by Southwestern Bell, and
Southwestern Bell had been notified of the public hearings. The remainder of the land is
City owned.
Mayor Perry opened the public hearing at 10:52 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

44.

At approximately 10:51 A.M. (Tract 4) hold a public hearing regarding the annexation of
a city-owned tract of land being a 2.25-acre tract of land out of Section 10, Block 40, T1-S, T&P RR Co. Survey, Midland County, Texas. (Generally located northeast of
Midland International Airport.) (Planning)
Planning Division Manager Walker reported that the land is owned by the City of
Midland.
Mayor Perry opened the public hearing at 10:53 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

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February 28, 2012

45.

At approximately 10:52 A.M. (Tract 5) hold a public hearing regarding the annexation of
a city-owned tract of land being a 3.88-acre tract of Section 4, Block 40, T-2-S, T&P RR
Co. Survey, Midland County, Texas. (Generally located on the southeast of Midland
International Airport.) (Planning)
Planning Division Manager Walker reported that the City also owns this land.
Mayor Perry opened the public hearing at 10:54 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

46.

At approximately 10:53 A.M. (Tract 6) hold a public hearing regarding the annexation of
a city-owned tract of land being a 3.57-acre tract of land out of Section 13, Block 40, T1-S, T&P RR Co. Survey Midland County, Texas. (Generally located on the north side
of the Mockingbird Lane extension, east of Avalon Drive.) (Planning)
Planning Division Manager Walker reported that this land was acquired by the City from
Fasken Ranch in order to place a water tower on it.
Mayor Perry opened the public hearing at 10:55 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

47.

At approximately 10:54 A.M. (Tract 7) hold a public hearing regarding the annexation of
a 28.31 acre tract of land out of Section 24, Block 40, T-1-S, T&P RR Co. Survey,
Midland County, Texas. (Generally located on the northwest corner of the intersection
of Briarwood Avenue and Holiday Hill Road.) (Planning)
Planning Division Manager Walker gave an overview of item noting the land is owned by
the Black Family Partnership. The land is just over 28 acres and the owner is
requesting annexation for utility services. He noted the intent was to develop a key
arterial corner.
Mayor Perry opened the public hearing at 10:56 a.m. There being no one present
wishing to speak, the public hearing was immediately closed. No further action was
taken on this item.

48.

At approximately 10:57 A.M. (Tract 8) hold a public hearing regarding the annexation of
a 108.453-acre tract of land out of Section 37, Block 40, T-1-S T&P RR Co. Survey,
Midland County, Texas. (Generally located northwest of the intersection of Tradewinds
Boulevard and Champions Drive.) (Planning)
Planning Division Manager Walker gave an overview of the item noting the land is
owned by Betenbough Homes and they are planning to continue their development of
Legends Park neighborhood that included a school site and a park.
Mayor Perry opened the public hearing at 10:59 a.m.
Chris Berry, Lubbock, Texas, representing Betenbough Homes, reported they were
excited to build some more homes in Midland and that they were in negotiations with
MISD for a school and a park.
There being no one else wishing to speak, the public hearing was closed at 11:00 a.m.
No further action was taken on this item.

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February 28, 2012

DEVELOPMENT SERVICES
49.

Consider a resolution on a request to establish a private street name on 1.05-acres
located in Lot 1A, Block 1, Midland Memorial Hospital Addition, Section 2. (Generally
located south of North Garfield Street and east of Kent Street.) (Planning)
RESOLUTION NO. 2012 - 060
RESOLUTION APPROVING THE MIDLAND COUNTY HOSPITAL DISTRICT’S
REQUEST TO NAME A PRIVATE STREET LOCATED AT THE MAIN CAMPUS OF
MIDLAND MEMORIAL HOSPITAL “ROSALIND REDFERN GROVER PARKWAY” IN
HONOR OF ROSALIND REDFERN GROVER
Planning Division Manager Walker gave an overview of the item.
Council Member Hailey moved to adopt Resolution No. 2012-060; seconded by Council
Member Sparks. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

MISCELLANOUS
50.

Presentation of the 2011 Midland Police Department Traffic Contact Report by Dr. Alex
del Carmen of Del Carmen Consulting, LLC. (Police)
Police Chief Price Robinson and Dr. Del Carmen presented the 2011 Midland Police
Department Contact Report.

51.

Consider resolutions relating to a request from RSP Permian, L.L.C. for a permit to drill
an oil and gas well (Bus Barn #2603) located 690' FNL and 1080' FEL, Section 26,
Block 40, T-1-S T&P RR Co. Survey, Midland County, Texas.
Oil & Gas Compliance Officer Jenkins reported that the applicant was requesting a
deferral because they were trying to reroute their flow lines and needed additional time
to get the required surveys. He noted it would likely be the second meeting in April
before this item would return to the agenda.
Council Member Dufford moved to defer agenda items 51 a and b; seconded by Council
Member Trost. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
a.

Consider a resolution for a Permit to Drill an Oil and Gas Well within the City
Limits.

RESOLUTION NO. 2012 - 10
RESOLUTION APPROVING THE ISSUANCE OF A PERMIT TO RSP PERMIAN,
L.L.C. (“OPERATOR”) TO DRILL AN OIL AND GAS WELL WITHIN THE CITY LIMITS
LOCATED 690 FEET FROM THE NORTH LINE AND 1,080 FEET FROM THE EAST
LINE, SECTION 26, BLOCK 40, T-1-S, T&P RR CO. SURVEY, CITY AND COUNTY OF
MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BRIARWOOD
AVENUE, APPROXIMATELY 600 FEET WEST OF ROADRUNNER TRAIL)
b.

MINUTES

Consider a resolution authorizing the execution of a road repair agreement with
RSP Permian, LLC. related to the Bus Barn #2603 well.

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February 28, 2012

RESOLUTION NO. 2012 - 11
RESOLUTION AUTHORIZING THE EXECUTION OF A ROAD REPAIR AGREEMENT
WITH RSP PERMIAN, L.L.C. REGARDING ITS APPLICATION TO DRILL AN OIL AND
GAS WELL WITHIN THE CITY LIMITS LOCATED 690 FEET FROM THE NORTH LINE
AND 1,080 FEET FROM THE EAST LINE, SECTION 26, BLOCK 40, T-1-S, T&P RR
CO. SURVEY, CITY AND COUNTY OF MIDLAND, TEXAS
52.

Consider a resolution on a request to construction a new house inside the 500' buffer
from an oil well. Proposed structure is located at 4401 Roadrunner Trail, Lot 6E, Block
2, Country Sky Addition. (Code Administration)
RESOLUTION NO. 2012 - 061
RESOLUTION GRANTING A VARIANCE FOR LOT 6E, BLOCK 2, COUNTRY SKY
ADDITION, SECTION 11, CITY AND COUNTY OF MIDLAND, TEXAS (COMMONLY
KNOWN AS 4401 ROADRUNNER TRAIL), BY PERMITTING CONSTRUCTION OF A
RESIDENCE AND AN ACCESSORY BUILDING WITHIN FIVE HUNDRED (500) FEET
OF AN OIL AND GAS WELL; AND AUTHORIZING ISSUANCE OF A BUILDING
PERMIT
Oil & Gas Compliance Officer Jenkins reported this was a request to build an accessory
building within 500 feet from structure. He explained that the Building Official wanted
this put through as a house, even though the initial use would be an accessory building.
This would prevent the applicant from having to return in the future if the use changed.
Discussion ensued about the difference in the title and the caption of the Ordinance as
printed on the agenda. City Attorney Stretcher noted that in his opinion, the resolution
controls.
Council Member Sparks moved to adopt Resolution No. 2012-061; seconded by Council
Member Hailey. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

53.

Consider a resolution on a request to construction a new house inside the 500' buffer
from an oil well. Proposed structure is located at 4409 Roadrunner Trail, Lot 6D, Block
2, Country Sky Addition. (Code Administration)
RESOLUTION NO. 2012 - 062
RESOLUTION GRANTING A VARIANCE FOR LOT 6D, BLOCK 2, COUNTRY SKY
ADDITION, SECTION 11, CITY AND COUNTY OF MIDLAND, TEXAS (COMMONLY
KNOWN AS 4409 ROADRUNNER TRAIL), BY PERMITTING CONSTRUCTION OF A
RESIDENCE AND AN ACCESSORY BUILDING WITHIN FIVE HUNDRED (500) FEET
OF AN OIL AND GAS WELL; AND AUTHORIZING ISSUANCE OF A BUILDING
PERMIT
Oil & Gas Compliance Officer Ron Jenkins reported that the applicant was requesting to
build a house and accessory building within 500 feet of an oil well.
Council Member Sparks moved to adopt Resolution No. 2012-062; seconded by Council
Member Dufford. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

54.

Consider a resolution on a request to construction a new house inside the 500' buffer
from an oil well. Proposed structure is located at 4417 Roadrunner Trail, Lot 6C, Block
2, Country Sky Addition. (Code Administration)

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February 28, 2012

RESOLUTION NO. 2012 - 063
RESOLUTION GRANTING A VARIANCE FOR LOT 6C, BLOCK 2, COUNTRY SKY
ADDITION, SECTION 11, CITY AND COUNTY OF MIDLAND, TEXAS (COMMONLY
KNOWN AS 4417 ROADRUNNER TRAIL), BY PERMITTING CONSTRUCTION OF A
RESIDENCE AND AN ACCESSORY BUILDING WITHIN FIVE HUNDRED (500) FEET
OF AN OIL AND GAS WELL; AND AUTHORIZING ISSUANCE OF A BUILDING
PERMIT
Oil & Gas Compliance Officer Jenkins reported that the applicant was requesting to
build a house and accessory building within 500 feet of an oil well.
Council Member Hailey moved to adopt Resolution No. 2012-063; seconded by Council
Member Sparks. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
55.

Consider a resolution on a request to construction a new house inside the 500' buffer
from an oil well. Proposed structure is located at 4501 Roadrunner Trail, Lot 6B, Block
2, Country Sky Addition. (Code Administration)
RESOLUTION NO. 2012-064
RESOLUTION GRANTING A VARIANCE FOR LOT 6B, BLOCK 2, COUNTRY SKY
ADDITION, SECTION 11, CITY AND COUNTY OF MIDLAND, TEXAS (COMMONLY
KNOWN AS 4501 ROADRUNNER TRAIL), BY PERMITTING CONSTRUCTION OF A
RESIDENCE AND AN ACCESSORY BUILDING WITHIN FIVE HUNDRED (500) FEET
OF AN OIL AND GAS WELL; AND AUTHORIZING ISSUANCE OF A BUILDING
PERMIT
Oil & Gas Compliance Officer Jenkins reported the applicant was requesting to build a
building within 500 feet of an oil well.
City Attorney Stretcher asked if these items were related to the previous item that was
deferred. Oil & Gas Compliance Officer reported that all of these applications were
within proximity to the well that had been deferred. City Attorney Stretcher clarified that
although these variances were being granted, it would not affect the standing of the well
and that it still needed to go through the approval process.
Council Member Hailey moved to adopt Resolution No. 2012-064; seconded by Council
Member Trost. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

56.

Consider a resolution approving a Developer Agreement for Midland RV Park.
(Engineering)
RESOLUTION NO. 2012 - 065
RESOLUTION AUTHORIZING THE EXECUTION OF A PUBLIC IMPROVEMENT
DEVELOPMENT AGREEMENT WITH MIDCAMP PROPERTIES, LLC FOR
DEVELOPMENT OF MIDLAND R V CAMPGROUND ADDITION, CITY AND COUNTY
OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF MIDLAND
DRIVE, APPROXIMATELY 650 FEET NORTH OF INTERSTATE 20); AND
AUTHORIZING PAYMENT IN THE AMOUNT OF $51,345.00 THEREFOR; SAID
AGREEMENT BEING AUTHORIZED BY SECTION 395.081 OF THE TEXAS LOCAL
GOVERNMENT CODE

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February 28, 2012

City Engineer David Beard gave an overview of the item noting that development
agreement would help bring water to the park. He clarified that the shared cost was to
get the water line to property line.
Council Member Hailey moved to adopt Resolution No. 2012-065; seconded by Council
Member James. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.
57.

Consider an ordinance amending ordinance number 8400 which established fees and
charges of the City of Midland Community Services Department, Animal Services, Parks
and Recreation, Hogan Park Golf Course, Health and Senior Services, structure water
rates and fees charged for water bacteriological testing. (Community Services)
ORDINANCE NO. 8990
AN ORDINANCE ESTABLISHING FEES AND CHARGES OF THE CITY OF MIDLAND
COMMUNITY SERVICES DEPARTMENT, ANIMAL SERVICES, PARKS AND
RECREATION, HOGAN PARK GOLF COURSE, HEALTH AND SENIOR SERVICES,
AND UTILITIES DEPARTMENT; AND REPEALING ORDINANCES SPECIFICALLY IN
CONFLICT WITH SUCH FEES AND CHARGES ESTABLISHED HEREIN
Community Services Director Tina Jauz noted a portion of the Ordinance was to make
minor adjustment to fees at the MLK Center and Midland Parks Division. Utilities
Director Stuart Purvis reported that the water testing labs had been closed for two years
and the rates were being adjusted and rates for new tests were included.
Deputy City Secretary Reyes read the caption of Ordinance No. 8990.
Council Member Sparks moved approval of the first of two readings of Ordinance No.
8990 in accordance with the Charter of the City of Midland; seconded by Council
Member James. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

58.

Consider an ordinance on first reading for changing the structure of water rates.
(Utilities)
ORDINANCE NO. 8991
AN ORDINANCE AMENDING TITLE III, “DEPARTMENTS” , CHAPTER 1 , “WATER
DEPARTMENT”, SECTION 2, “RATES,” SUBSECTION (A), “CUSTOMERS INSIDE OF
CITY LIMITS,” OF THE CITY CODE OF MIDLAND, TEXAS, SO AS TO CHANGE THE
RATES CHARGED FOR WATER AND SEWER SERVICES; CONTAINING A
CUMULATIVE CLAUSE; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE;
AND ORDERING PUBLICATION; AND THE CITY MANAGER SHALL NOTIFY ALL
CUSTOMERS OUTSIDE THE CITY LIMITS AS REQUIRED BY STATE LAW
Utilities Director Purvis noted that this was the first reading of the water rate increase as
discussed during briefing session.
Deputy City Secretary Reyes read the caption of Ordinance No. 8991.
Council Member Sparks moved approval of the first of two readings of Ordinance No.
8991 in accordance with the Charter of the City of Midland; seconded by Council
Member Hailey. The motion carried by the following vote: AYE: Trost, Hailey, Perry,
Dufford, James, Sparks. NAY: None. ABSTAIN: None. ABSENT: Morales.

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February 28, 2012

59.

Consider a motion on a request from Bluestem Energy (Evans D #1) amending a Permit
to Drill and Oil and Gas Well within the City Limits located 1021’ FNL and 1041’ FWL,
Section 8, Block “X”, H.P. Hilliard Survey, Midland County, Texas. (Generally located on
the west side of the North Midkiff Road, approximately ¾ mile north of Mockingbird
Lane. (Planning)
Oil & Gas Compliance Officer Jenkins gave overview of the item noting the applicant
was requesting to amend their permit and reported that they had paid the $1000 fee. If
approved, the applicant would be moving electrical lines and making changes to their
drilling pad, frac pit and other items.
Council Member Hailey moved to approve a request from Bluestem Energy (Evans D
#1) amending a Permit to Drill and Oil and Gas Well within the City Limits located 1021’
FNL and 1041’ FWL, Section 8, Block “X”, H.P. Hilliard Survey, Midland County, Texas.
(Generally located on the west side of the North Midkiff Road, approximately ¾ mile
north of Mockingbird Lane; seconded by Council Member Sparks. The motion carried
by the following vote: AYE: Trost, Hailey, Perry, Dufford, James, Sparks. NAY: None.
ABSTAIN: None. ABSENT: Morales.

60.

Consider making appointments to various Boards and Commissions.
Council Member Hailey moved to appoint Karmen Hendrix Bryant to the Hotel/Motel Tax
Advisory Board; seconded by Council Member Trost. The motion carried by the
following vote: AYE: Trost, Hailey, Perry, Dufford, James, Sparks. NAY: None.
ABSTAIN: None. ABSENT: Morales.
Council Member Trost moved to appoint Kenny Harper to the Parks and Recreation
Commission. The motion died due to a lack of a second.
Mayor Perry noted that he received notice from the Midland Central Appraisal District
that Fred Poe had resigned and that the Council would need to make an appointment at
their next meeting.
City Manager Sharp reported that the City Council would need to make three
appointments to the Midland Fresh Water District Board in March.

At 12:03 p.m. Mayor Perry recessed the meeting to the basement conference room for the
following items.
61.

Receive a presentation from Dr. Ryder Warren of the Midland Independent School
District regarding the upcoming bond election.

EXECUTIVE SESSION
62.

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

Section 551.074, Personnel Matters
a.1.

MINUTES

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

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February 28, 2012

There being no other business to come before the City Council, the meeting was adjourned at
1:05 p.m.
PASSED AND APPROVED the 20th day of March, 2012.

W. Wesley Perry, Mayor
ATTEST:

Amy M. Turner, City Secretary

MINUTES

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February 28, 2012