Call to Order

1. Invocation - Pastor Larry Long, Fellowship Community Church
2. Pledge of Allegiance

Presentations

Presentation of special events, organizations, individuals, or periods of time
including, but not limited to:
a. Presentation of proclamation for the Air Race Classic
b. Presentation of proclamation for Juneteenth
c. Presentation of proclamation for Garbage Man Recognition Week

Public Comment (Part 1 of 2)

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

Consent Agenda

5. Consider a motion approving the following minutes:
a. Regular meeting of May 24, 2016.
7. Consider a resolution awarding a contract for Janitorial Services for City
Buildings to Kemp & Sons General Services, Inc., in the amount of $350,166.48.
(PURCHASING) (2016 - 164)
8. Consider a resolution rejecting all bids received for Pump and Motor
Maintenance Services for the Utilities Department; and authorizing the City
Manager to re-advertise for competitive bids for said services. (PURCHASING)
(2016 - 165)
10. Consider a resolution authorizing the execution of an Airport Fueling Agreement
with Eagles Nest Aviation, LLC, in order to store and dispense all forms of
aviation propellants and fuels from fixed and mobile dispensers only to Eagles
Nest Aviation, LLC Aircraft at the Midland International Air & Space Port,
Midland, Midland County, Texas. (AIRPORTS) (2016 - 167)
11. Consider a resolution approving an Economic Development Agreement between
the Midland Development Corporation and Tuna Investment, LLC, as authorized
by Chapter 501 of the Texas Local Government Code. (CITY ATTORNEY'S
OFFICE) (2016 - 168)
12. Consider a resolution authorizing the execution of an agreement with Rock the
Desert Ministries, Incorporated, as authorized by Chapter 351 of the Texas Tax
Code; finding that said agreement is for the promotion of tourism and the hotel
and motel industry; finding that the funds provided under said agreement shall
be expended in a manner directly enhancing and promoting tourism and the
hotel and motel industry; and providing that approval of the agreement is not to
be construed or interpreted as endorsing the message or activities promoted by
Rock the Desert Ministries, Incorporated. (CITY SECRETARY'S OFFICE) (2016
- 169)
13. Consider a resolution approving the issuance of a permit to XTO Energy, Inc.
(“Operator”) to drill an oil and gas well within the City Limits located 802 feet from
AGENDA Page 4 June 14, 2016
the west line and 255 feet from the north line, Section 24, Block 40, T-1-S, T&P
RR Co. Survey, City and County of Midland, Texas (Generally located 645 feet
east of Avalon Drive and 255 feet south of the west extension of Mockingbird
Lane (West County Road 50)); and providing that said permit does not require a
new Road Repair Agreement but shall be consolidated under an existing Road
Repair Agreement. (DEVELOPMENT SERVICES) (2016 - 170)
14. Consider a resolution authorizing the execution of an amendment to the Right-of-
Way License between the City of Midland and Crownquest Operating, LLC.
(DEVELOPMENT SERVICES) (2016 - 171)
15. Consider a resolution authorizing the execution of an Interlocal Cooperation
Agreement between the City of Midland and the Downtown Midland
Management District (the “DMMD”) to provide for the funding of a Parking
Enforcement Officer to perform duties within the boundaries of the DMMD.
(DOWNTOWN DEVELOPMENT) (2016 - 172)
16. Consider a resolution granting a variance for 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 1,800
feet north of Briarwood Avenue), by permitting construction of buildings where no
portion of any structure is closer than 250 feet of an oil and gas well; and
authorizing issuance of Building Permits. (DEVELOPMENT SERVICES) (2016 -
173)
17. Consider a resolution authorizing $161,242.38 of grant funds received from the
United States Department of Housing and Urban Development, which were
previously authorized to be used for the design and construction of the second
phase of improvements to Centennial Plaza, to be used for improvements in
connection with the City of Midland’s downtown transfer station (Generally
located at the intersection of east Texas Avenue and North Fort Worth Street),
including sidewalk improvements, curb ramps, shelters with benches, street
scraping, and street lighting. (DEVELOPMENT SERVICES) (2016 - 174)
18. Consider a motion on request by Landgraf Crutcher & Associates Inc. to defer
public improvements for Bynum School Addition, and to waive the corresponding
financial security guarantee valued at $246,355.00, an amount equal to the
estimated cost of construction. The subject property is located within the City of
Midland corporate limits, and is generally located ½ mile north of Briarwood
Avenue on the east side of Avalon Drive. (ENGINEERING SERVICES) (053-
2016)
AGENDA Page 5 June 14, 2016
19. Consider a resolution approving a Mutual Termination and Release Agreement
between the Midland Development Corporation and the City of Midland for the
Midkiff Interstate 20 Water Main Extension and Bore Project; and transferring
unexpended funds to the Midland Development Corporation. (ENGINEERING
SERVICES) (2016 - 175)
20. Consider a resolution approving an amendment to the Economic Development
Agreement between the Midland Development Corporation and the City of
Midland for the Midland Interstate 20 Water Main Extension and Bore Project;
and appropriating funds therefor. (ENGINEERING SERVICES) (2016 - 176)
21. Consider a resolution awarding a contract for the Midland Interstate 20 Water
Main Extension and Bore Project to Scott Tucker Construction Company, LLC, in
the amount of $285,660.00; and approving $42,849.00 for contingencies.
(PURCHASING) (2016 - 177)
22. Consider a resolution authorizing an Operating Certificate for Imperial Taxi to
operate a Taxicab Business; setting forth conditions accompanying the
certificate; and establishing the terms of the certificate. (POLICE) (2016 - 178)
23. Consider a resolution appropriating unclaimed or abandoned funds in the
amount of $11,061.00 to the Police Equipment and Technology Project
(800922). (POLICE) (2016 - 179)
24. Consider a resolution authorizing the City of Midland to file a joint application
with Midland County for Fiscal Year 2016 Justice Assistance Grant Program
Funds totaling $30,915.00; and authorizing the execution of an agreement
regarding the division of said grant funds; the City of Midland will receive
$18,549.00 (60%) and Midland County will receive $12,366.00 (40%) of the
grant funds respectively; this agreement does not supersede, modify or amend
any other prior agreements. (POLICE) (2016 - 180)
25. Consider a resolution appropriating proceeds from the sealed bid sale of old
service weapons and court awarded weapons to the Police Equipment and
Technology Project (800820) for the replacement of Midland Police Department
Duty Weapons. (POLICE) (2016 - 181)

Pulled Items: 6, 9.

Item 6

Consider a resolution awarding a contract for the Fiscal Year 2016
Miscellaneous Concrete Program to the sole bidder, Onyx General Contractors,
LLC of Midland, Texas, at a total cost not to exceed $250,000.00; and
AGENDA Page 3 June 14, 2016
authorizing payment therefor. (PURCHASING) (2016 - 163)

Item 9

Consider a resolution authorizing the execution of a Consultant Services
Agreement with Berry, Dunn, McNeil & Parker, Inc., doing business as Berry,
Dunn, McNeil & Parker of Maine, Inc., through the Texas Department of
Information Resources at a total cost of $84,580.00; said agreement providing
for definitions requirements and development of a request for proposals for a
new public safety system; transferring funds; and authorizing payment therefor.
(PURCHASING) (2016 - 166)

Second Readings

26. 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 45.18-acre tract of land out of Section 25, Block 40, T-1-S, T&P RR
Co. Survey, City and County of Midland, Texas, which is presently zoned FD,
Future Development District, in part, and 1F-3, One-Family Dwelling District, in
part, to be used as a PD, Planned District for a Housing Development; permitting
a 3.65-acre tract of land out of Section 25, 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 an O-1, Office District; said tracts being
generally located on the south side of Briarwood Avenue, approximately 900 feet
west of Holiday Hill 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)(First reading held on May 24, 2016)(9572)
27. Consider an ordinance on second reading changing the zoning use classification
of the property described as a 4,472-square foot portion of Lot 1, Block 8, Polo
Park Addition, Section 3, City and County of Midland, Texas (Generally located
southeast of the intersection of North Garfield Street and Castleford Road),
which is presently zoned PD, Planned District for a Shopping Center, 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 May 24, 2016)(9573)
28. Consider an ordinance on second reading establishing intersection stops at
various locations within the City of Midland, Texas; authorizing and directing the
Traffic Engineer to install appropriate signs and markings at the designated
locations; containing a cumulative clause; containing a savings and severability
clause; providing for a maximum penalty or fine of two hundred dollars
($200.00); and ordering publication. (ENGINEERING SERVICES)(First reading
held on May 24, 2016)(9574)
29. Consider an ordinance on second reading establishing yield right of way signs at
various locations within the City of Midland, Texas; requiring and authorizing the
posting of appropriate signs at said intersections; containing a cumulative
clause; containing a savings and severability clause; providing for a maximum
penalty or fine of two hundred dollars ($200.00); and ordering publication
(ENGINEERING SERVICES)(First reading held on May 24, 2016)(9575)

Public Hearings (Part 1 of 2)

30. Hold a public hearing and consider a resolution authorizing the Temporary Use
of Land for a block party on the north half of Lot 12 and a 0.23-acre portion of
East Illinois Avenue right-of-way located adjacent to Lot 12, Block 38, Original
Town Addition, City and County of Midland, Texas (Generally located on the east
side of the intersection of North Main Street and East Illinois Avenue); and
making said permit subject to certain special conditions and restrictions
contained herein. (DEVELOPMENT SERVICES) (2016 - 182)
31. Hold a public hearing and consider an ordinance granting a special exception for
Lot 1 and the south half of Lot 2, Block 3, Grafaland Addition, City and County of
Midland, Texas (Generally located northwest of the intersection of West
Broadway Street and West Ohio Avenue), by permitting a detached accessory
structure with open sides having a maximum height not to exceed 15 feet;
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) (9576)
32. Hold a public hearing and consider a resolution authorizing the temporary use of
land for a church outdoor conference on Lot 13A, Block 7, Glendale Addition,
Section 2, City and County of Midland, Texas (Generally located northeast of the
intersection of North Tyler Street and Garden Lane); and making said permit
subject to certain special conditions and restrictions contained herein.
(DEVELOPMENT SERVICES) (2016 - 183)
33. Hold a public hearing and consider a resolution authorizing the temporary use of
land for a music festival on lots 13-24, Block 54, all of Block 55, the portion of
North Loraine Street right-of-way located between West Texas Avenue and West
Missouri Avenue, and the portion of West Wall Street right-of-way located
between South Main Street and South Colorado Street, Original Town Addition,
City and County of Midland, Texas (Generally located on the south side of the
intersection of West Texas Avenue and North Loraine Street); and making said
permit subject to certain special conditions and restrictions contained herein.
(DEVELOPMENT SERVICES) (2016 - 184)
34. Hold a public hearing and consider a resolution authorizing the Temporary Use
of Land for an ice cream festival on Lots 9-12 and the north 200 feet of the northsouth
alley, Block 93, Original Town Addition, City and County of Midland, Texas
(Generally located southeast of the intersection of South Marienfeld Street and
West Indiana Avenue); and making said permit subject to certain special
conditions and restrictions contained herein. (DEVELOPMENT SERVICES)
(2016 - 185)
35. Hold a public hearing regarding the Fiscal Year 2016/2017 Community
Development Block Grant applications recommended by the CDBG Prioritization
committee. (DEVELOPMENT SERVICES) (054-2016)

Public Comment (Part 2 of 2)

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

Public Hearings (Part 2 of 2)

30. Hold a public hearing and consider a resolution authorizing the Temporary Use
of Land for a block party on the north half of Lot 12 and a 0.23-acre portion of
East Illinois Avenue right-of-way located adjacent to Lot 12, Block 38, Original
Town Addition, City and County of Midland, Texas (Generally located on the east
side of the intersection of North Main Street and East Illinois Avenue); and
making said permit subject to certain special conditions and restrictions
contained herein. (DEVELOPMENT SERVICES) (2016 - 182)
31. Hold a public hearing and consider an ordinance granting a special exception for
Lot 1 and the south half of Lot 2, Block 3, Grafaland Addition, City and County of
Midland, Texas (Generally located northwest of the intersection of West
Broadway Street and West Ohio Avenue), by permitting a detached accessory
structure with open sides having a maximum height not to exceed 15 feet;
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) (9576)
32. Hold a public hearing and consider a resolution authorizing the temporary use of
land for a church outdoor conference on Lot 13A, Block 7, Glendale Addition,
Section 2, City and County of Midland, Texas (Generally located northeast of the
intersection of North Tyler Street and Garden Lane); and making said permit
subject to certain special conditions and restrictions contained herein.
(DEVELOPMENT SERVICES) (2016 - 183)
33. Hold a public hearing and consider a resolution authorizing the temporary use of
land for a music festival on lots 13-24, Block 54, all of Block 55, the portion of
North Loraine Street right-of-way located between West Texas Avenue and West
Missouri Avenue, and the portion of West Wall Street right-of-way located
between South Main Street and South Colorado Street, Original Town Addition,
City and County of Midland, Texas (Generally located on the south side of the
intersection of West Texas Avenue and North Loraine Street); and making said
permit subject to certain special conditions and restrictions contained herein.
(DEVELOPMENT SERVICES) (2016 - 184)
34. Hold a public hearing and consider a resolution authorizing the Temporary Use
of Land for an ice cream festival on Lots 9-12 and the north 200 feet of the northsouth
alley, Block 93, Original Town Addition, City and County of Midland, Texas
(Generally located southeast of the intersection of South Marienfeld Street and
West Indiana Avenue); and making said permit subject to certain special
conditions and restrictions contained herein. (DEVELOPMENT SERVICES)
(2016 - 185)
35. Hold a public hearing regarding the Fiscal Year 2016/2017 Community
Development Block Grant applications recommended by the CDBG Prioritization
committee. (DEVELOPMENT SERVICES) (054-2016)

Miscellaneous

Consider an ordinance amending Title V, "Business Regulations", Chapter 6,
"Taxicabs", of the Midland City Code; containing a cumulative clause; containing
a savings and severability clause; providing for a maximum penalty or fine of five
hundred dollars ($500.00); and ordering publication. (CITY ATTORNEY'S
OFFICE) (9577)

Executive Session

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.
Respectfully Submitted,
Courtney B. Sharp
City Manager