May 10, 2016 Council Meeting
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Call to Order - 1. Invocation - Pastor Robert Pase, Grace Lutheran Church
2. Pledge of Allegiance
Call to Order

2. Pledge of Allegiance
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Presentations - Presentation of special events, organizations, individuals, or periods of time
including, but not limited to:
a. Proclamation presentation for Children's Mental Health Awareness Day
b. Presentation of Proclamation for Willy Nilly and Thumper Book Launch
c. Proclamation presentation for Police Memorial Week
d. Presentation of proclamation for South East Senior Center Day
Presentations

including, but not limited to:
a. Proclamation presentation for Children's Mental Health Awareness Day
b. Presentation of Proclamation for Willy Nilly and Thumper Book Launch
c. Proclamation presentation for Police Memorial Week
d. Presentation of proclamation for South East Senior Center Day
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Consent Agenda - Consent Items: 5, 7 - 19
Pulled Item: 6
Consent Agenda

Pulled Item: 6
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Item 6 - Consider a resolution authorizing the execution of a contract for the Airport
Landscaping Project at the Midland International Air & Space Port Terminal
Building to the sole bidder, Clint CO Corporation, of Midland, Texas, at a total
cost of $66,974.00. (PURCHASING) (2016 - 135)
Item 6

Landscaping Project at the Midland International Air & Space Port Terminal
Building to the sole bidder, Clint CO Corporation, of Midland, Texas, at a total
cost of $66,974.00. (PURCHASING) (2016 - 135)
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Second Readings - 20. Consider an ordinance on second reading changing the zoning classification by
amending Chapter One, Title XI, of the City Code of Midland, Texas, by
permitting Lot 1A, Block 20, Northgate Addition, Section 25, City and County of
Midland, Texas, which is presently zoned LR-1, Local Retail District, to be used
as an LR-2, Local Retail District (Generally located on the east side of Holiday
Hill Road, approximately 240 feet south of 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. (DEVELOPMENT SERVICES)(First reading held on April 26,
2016)(9558)
21. Consider an ordinance on second reading changing the zoning use classification
of the property described as a 2,831-square foot portion of Lot 5, Block 1,
Amaron Addition, Section 7, City and County of Midland, Texas (Generally
located on the north side of West Interstate Highway 20, approximately 400 feet
east of Johnston Street), which is presently Zoned LR-2, Local Retail District, by
permitting said property to be used under a Specific Use Permit with Term for the
sale of all alcoholic beverages in a restaurant for on-premises consumption;
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. (DEVELOPMENT SERVICES)(First
reading held on April 26, 2016)(9559)
22. Consider an ordinance on second reading changing the zoning classification by
amending Chapter One, Title XI, of the City Code of Midland, Texas, by
permitting a 64.96-acre tract of land out of Section 24, Block 40, T-1-S, T&P RR
Co. Survey, City and County of Midland, Texas, which is presently zoned FD,
Future Development District, to be used as a 1F-1, One-Family Dwelling District
(Generally located on the east side of Avalon Drive, approximately 1,800 feet
north of 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. (DEVELOPMENT
SERVICES)(First reading held April 26, 2016)(9560)
23. Consider an ordinance on second reading adopting a site plan for Lot 1, Block
10, Arbor Park Addition, Section 5, City and County of Midland, Texas (Generally
located southwest of the intersection of Sunshine Parkway and Idlewilde Drive);
subject to certain conditions and restrictions; 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.
(DEVELOPMENT SERVICES)(First reading held April 26, 2016)(9561)
24. Consider an ordinance on second reading changing the zoning use classification
of the property described as a 4,300-square foot portion of Lots 21-25, Block 82,
Permian Estates Addition, City and County of Midland, Texas (Generally located
on the north side of West Wall Street, approximately 600 feet west of Fasken
Drive), which is presently zoned LR-3, Local Retail District, by permitting said
property to be used under a Specific Use Permit with Term for the sale of all
alcoholic beverages in a bowling center for on-premises consumption; 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. (DEVELOPMENT SERVICES)(First reading held April 26,
2016)(9562)
25. Consider an ordinance on second reading vacating and abandoning a 2.20-acre
portion of a utility easement located in Lots 1, 2 and 14, Block 8, Sunridge Ranch
Estates, Section 3, City and County of Midland, Texas (Generally located
northwest of the intersection of North County Road 1240 and West County Road
44); adopting the appraisal by the City Manager of $89,100.00; and ordering
recordation by the City Secretary. (DEVELOPMENT SERVICES)(First reading
held April 26, 2016)(9563)
26. Consider an ordinance on second reading granting a special exception for tract
4, less the south 31.3 feet, Parker Acres Addition, City and County of Midland,
Texas (Generally located on the west side of Todd Drive, approximately 400 feet
south of East Golf Course Road), by permitting a detached accessory building
that is not incidental to another permitted use; 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. (DEVELOPMENT SERVICES)(First reading held April 26,
2016)(9564)
27. Consider an ordinance on second reading changing the zoning classification by
amending Chapter One, Title XI, of the City Code of Midland, Texas, by
permitting a 7.00-acre tract of land out of Section 5, Block 38, T-1-S, T&P RR
Co. Survey, City and County of Midland, Texas, which is presently zoned AE,
Agriculture Estate District, to be used as a PD, Planned District for a Transition
District (Generally located on the west side of North Elkins Road, approximately
100 feet north of Crownridge 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. (DEVELOPMENT
SERVICES)(First reading held April 26, 2016)(9565)
28. Consider an ordinance on second reading changing the name of the portion of
Northrup Drive that is adjacent to Lot 6, Block 1, and Lot 1, Block 2, Park Place
Addition, Section 2, City and County of Midland, Texas (Generally located
between Princeton Avenue and the southern terminus of Northrup Drive), to
“Silver Star Way”; containing a cumulative clause; containing a savings and
severability clause; and directing the City Secretary to send the Midland
Emergency Communications District a certified copy of this ordinance.
(ENGINEERING SERVICES)(First reading held April 26, 2016)(9566)
Second Readings

amending Chapter One, Title XI, of the City Code of Midland, Texas, by
permitting Lot 1A, Block 20, Northgate Addition, Section 25, City and County of
Midland, Texas, which is presently zoned LR-1, Local Retail District, to be used
as an LR-2, Local Retail District (Generally located on the east side of Holiday
Hill Road, approximately 240 feet south of 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. (DEVELOPMENT SERVICES)(First reading held on April 26,
2016)(9558)
21. Consider an ordinance on second reading changing the zoning use classification
of the property described as a 2,831-square foot portion of Lot 5, Block 1,
Amaron Addition, Section 7, City and County of Midland, Texas (Generally
located on the north side of West Interstate Highway 20, approximately 400 feet
east of Johnston Street), which is presently Zoned LR-2, Local Retail District, by
permitting said property to be used under a Specific Use Permit with Term for the
sale of all alcoholic beverages in a restaurant for on-premises consumption;
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. (DEVELOPMENT SERVICES)(First
reading held on April 26, 2016)(9559)
22. Consider an ordinance on second reading changing the zoning classification by
amending Chapter One, Title XI, of the City Code of Midland, Texas, by
permitting a 64.96-acre tract of land out of Section 24, Block 40, T-1-S, T&P RR
Co. Survey, City and County of Midland, Texas, which is presently zoned FD,
Future Development District, to be used as a 1F-1, One-Family Dwelling District
(Generally located on the east side of Avalon Drive, approximately 1,800 feet
north of 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. (DEVELOPMENT
SERVICES)(First reading held April 26, 2016)(9560)
23. Consider an ordinance on second reading adopting a site plan for Lot 1, Block
10, Arbor Park Addition, Section 5, City and County of Midland, Texas (Generally
located southwest of the intersection of Sunshine Parkway and Idlewilde Drive);
subject to certain conditions and restrictions; 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.
(DEVELOPMENT SERVICES)(First reading held April 26, 2016)(9561)
24. Consider an ordinance on second reading changing the zoning use classification
of the property described as a 4,300-square foot portion of Lots 21-25, Block 82,
Permian Estates Addition, City and County of Midland, Texas (Generally located
on the north side of West Wall Street, approximately 600 feet west of Fasken
Drive), which is presently zoned LR-3, Local Retail District, by permitting said
property to be used under a Specific Use Permit with Term for the sale of all
alcoholic beverages in a bowling center for on-premises consumption; 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. (DEVELOPMENT SERVICES)(First reading held April 26,
2016)(9562)
25. Consider an ordinance on second reading vacating and abandoning a 2.20-acre
portion of a utility easement located in Lots 1, 2 and 14, Block 8, Sunridge Ranch
Estates, Section 3, City and County of Midland, Texas (Generally located
northwest of the intersection of North County Road 1240 and West County Road
44); adopting the appraisal by the City Manager of $89,100.00; and ordering
recordation by the City Secretary. (DEVELOPMENT SERVICES)(First reading
held April 26, 2016)(9563)
26. Consider an ordinance on second reading granting a special exception for tract
4, less the south 31.3 feet, Parker Acres Addition, City and County of Midland,
Texas (Generally located on the west side of Todd Drive, approximately 400 feet
south of East Golf Course Road), by permitting a detached accessory building
that is not incidental to another permitted use; 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. (DEVELOPMENT SERVICES)(First reading held April 26,
2016)(9564)
27. Consider an ordinance on second reading changing the zoning classification by
amending Chapter One, Title XI, of the City Code of Midland, Texas, by
permitting a 7.00-acre tract of land out of Section 5, Block 38, T-1-S, T&P RR
Co. Survey, City and County of Midland, Texas, which is presently zoned AE,
Agriculture Estate District, to be used as a PD, Planned District for a Transition
District (Generally located on the west side of North Elkins Road, approximately
100 feet north of Crownridge 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. (DEVELOPMENT
SERVICES)(First reading held April 26, 2016)(9565)
28. Consider an ordinance on second reading changing the name of the portion of
Northrup Drive that is adjacent to Lot 6, Block 1, and Lot 1, Block 2, Park Place
Addition, Section 2, City and County of Midland, Texas (Generally located
between Princeton Avenue and the southern terminus of Northrup Drive), to
“Silver Star Way”; containing a cumulative clause; containing a savings and
severability clause; and directing the City Secretary to send the Midland
Emergency Communications District a certified copy of this ordinance.
(ENGINEERING SERVICES)(First reading held April 26, 2016)(9566)
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Public Hearings - 29. Hold a public hearing regarding a proposed oil and gas permit to XTO Energy
Inc. (Operator), for a Permit to Drill an Oil & Gas Well within the City Limits,
(Robbie 2401BH) located 802 feet from the west line and 255 feet from the north
line located in Section 24, Block 40, T-1-S, T&P RR Co. Survey, City of Midland
and County of Midland, Texas (Generally located 645 feet east of Avalon Drive
and 255 feet south of West Mockingbird Lane extension.) This is a public hearing
only. No further action will be taken. (DEVELOPMENT SERVICES) (050-2016)
30. Hold a public hearing and consider an ordinance changing the zoning
classification by amending Chapter One, Title XI, of the City Code of Midland,
Texas, by permitting Lot 2, Block 10, Lynside Addition, Section 3, City and
County of Midland, Texas, which is presently zoned LR-2, Local Retail District, to
be used as an LR-3, Local Retail District (Generally located southeast of the
intersection of East Scharbauer Drive and North 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. (DEVELOPMENT SERVICES) (9567)
31. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as Lot 7, less the west five feet, and Lots
8, 9 and 10, Block 20, Belmont Addition, City and County of Midland, Texas
(Generally located northeast of the intersection of Rankin Highway and West
Francis Avenue), which is presently zoned LR-3, Local Retail District, by
permitting said property to be used under a Specific Use Permit with Term for the
sale of all alcoholic beverages in a restaurant for on-premises consumption;
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. (DEVELOPMENT SERVICES) (9568)
32. Hold a public hearing and consider an ordinance changing the zoning
classification by amending Chapter One, Title XI, of the City Code of Midland,
Texas, by permitting Lot 1, Block 45, Fairmont Park Addition, Section 10, City
and County of Midland, Texas, which is presently zoned PD, Planned District for
a Shopping Center, to be used as an amended Planned District (Generally
located on the west side of North Midland Drive, approximately 390 feet north of
Fairbanks 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. (DEVELOPMENT SERVICES)
(9569)
33. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as a 500-square foot portion of Lot 1,
Block 1, Claydesta Plaza North, Section 4, City and County of Midland, Texas
(Generally located southwest of the intersection of West Loop 250 North and
North Big Spring Street), which is presently zoned LR-2, Local Retail District, by
permitting said property to be used under a Specific Use Permit with Term for the
sale of all alcoholic beverages in a restaurant for on-premises consumption;
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. (DEVELOPMENT SERVICES) (9570)
34. Hold a public hearing and consider a resolution authorizing the temporary use of
land for a carnival on Lots 1a, 7 and 8, Block 17, Skyline Terrace, Unit 7, City
and County of Midland, Texas (Generally located on the south side of West Loop
250 North, approximately 300 feet west of 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. (DEVELOPMENT
SERVICES) (2016 - 149)
35. At approximately 7:00 p.m. hold a public hearing regarding the Fiscal Year
2016/2017 Community Development Block Grant funding application request.
This is a public hearing only. No further action will be taken. (DEVELOPMENT
SERVICES) (051-2016)
Public Hearings

Inc. (Operator), for a Permit to Drill an Oil & Gas Well within the City Limits,
(Robbie 2401BH) located 802 feet from the west line and 255 feet from the north
line located in Section 24, Block 40, T-1-S, T&P RR Co. Survey, City of Midland
and County of Midland, Texas (Generally located 645 feet east of Avalon Drive
and 255 feet south of West Mockingbird Lane extension.) This is a public hearing
only. No further action will be taken. (DEVELOPMENT SERVICES) (050-2016)
30. Hold a public hearing and consider an ordinance changing the zoning
classification by amending Chapter One, Title XI, of the City Code of Midland,
Texas, by permitting Lot 2, Block 10, Lynside Addition, Section 3, City and
County of Midland, Texas, which is presently zoned LR-2, Local Retail District, to
be used as an LR-3, Local Retail District (Generally located southeast of the
intersection of East Scharbauer Drive and North 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. (DEVELOPMENT SERVICES) (9567)
31. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as Lot 7, less the west five feet, and Lots
8, 9 and 10, Block 20, Belmont Addition, City and County of Midland, Texas
(Generally located northeast of the intersection of Rankin Highway and West
Francis Avenue), which is presently zoned LR-3, Local Retail District, by
permitting said property to be used under a Specific Use Permit with Term for the
sale of all alcoholic beverages in a restaurant for on-premises consumption;
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. (DEVELOPMENT SERVICES) (9568)
32. Hold a public hearing and consider an ordinance changing the zoning
classification by amending Chapter One, Title XI, of the City Code of Midland,
Texas, by permitting Lot 1, Block 45, Fairmont Park Addition, Section 10, City
and County of Midland, Texas, which is presently zoned PD, Planned District for
a Shopping Center, to be used as an amended Planned District (Generally
located on the west side of North Midland Drive, approximately 390 feet north of
Fairbanks 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. (DEVELOPMENT SERVICES)
(9569)
33. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as a 500-square foot portion of Lot 1,
Block 1, Claydesta Plaza North, Section 4, City and County of Midland, Texas
(Generally located southwest of the intersection of West Loop 250 North and
North Big Spring Street), which is presently zoned LR-2, Local Retail District, by
permitting said property to be used under a Specific Use Permit with Term for the
sale of all alcoholic beverages in a restaurant for on-premises consumption;
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. (DEVELOPMENT SERVICES) (9570)
34. Hold a public hearing and consider a resolution authorizing the temporary use of
land for a carnival on Lots 1a, 7 and 8, Block 17, Skyline Terrace, Unit 7, City
and County of Midland, Texas (Generally located on the south side of West Loop
250 North, approximately 300 feet west of 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. (DEVELOPMENT
SERVICES) (2016 - 149)
35. At approximately 7:00 p.m. hold a public hearing regarding the Fiscal Year
2016/2017 Community Development Block Grant funding application request.
This is a public hearing only. No further action will be taken. (DEVELOPMENT
SERVICES) (051-2016)
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Miscellaneous - 36. Consider a motion on a proposed preliminary plat of Bynum School Addition,
being a 64.96-acre tract of land out of Section 24, Block 40, T-1-S, T&P RR Co.
Survey, City and County of Midland, Texas. (Generally located on the east side
of Avalon Drive, approximately 1800-feet north of Briarwood Avenue.)
(DEVELOPMENT SERVICES) (052-2016)
37. Consider an ordinance amending Title V, “Business Regulations”, Chapter 12,
“Transportation Network Companies”, of the City Code of Midland, Texas, so as
to amend the program to register and regulate transportation network companies
within the City of Midland; negating and dispensing with the culpable mental
state requirement; providing for a maximum penalty or fine of five hundred
dollars ($500.00); containing a cumulative clause; containing a savings and
severability clause; ordering publication; and establishing an effective date of
June 1, 2016. (CITY MANEGER'S OFFICE) (9571)
Miscellaneous

being a 64.96-acre tract of land out of Section 24, Block 40, T-1-S, T&P RR Co.
Survey, City and County of Midland, Texas. (Generally located on the east side
of Avalon Drive, approximately 1800-feet north of Briarwood Avenue.)
(DEVELOPMENT SERVICES) (052-2016)
37. Consider an ordinance amending Title V, “Business Regulations”, Chapter 12,
“Transportation Network Companies”, of the City Code of Midland, Texas, so as
to amend the program to register and regulate transportation network companies
within the City of Midland; negating and dispensing with the culpable mental
state requirement; providing for a maximum penalty or fine of five hundred
dollars ($500.00); containing a cumulative clause; containing a savings and
severability clause; ordering publication; and establishing an effective date of
June 1, 2016. (CITY MANEGER'S OFFICE) (9571)
»
Executive Session - 38. 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 §551.087 Deliberate Economic Development Negotiations.
a.1. Discuss business prospects that the City seeks to have, locate,
stay, or expand in or near the City of Midland, Texas, and discuss
possible incentives.
Executive Session

Executive Session which is closed to the public to discuss the following matters
as permitted under the following Texas Government Code Sections:
a. Section §551.087 Deliberate Economic Development Negotiations.
a.1. Discuss business prospects that the City seeks to have, locate,
stay, or expand in or near the City of Midland, Texas, and discuss
possible incentives.
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