On the agenda: Midland meeting — Data Center (Jan 14)

AGENDA FOR CITY COUNCIL MEETING
300 North Loraine
Midland, Texas
January 14, 2020 – 10:00 AM
Council Chamber - City Hall
The Midland City Council agenda is posted for public notice at least 72 hours prior to
the Tuesday meetings. All requests to be placed on the Council agenda by the public
must be submitted to the City Manager, in writing, at least one week before the Council
meetings. Such written requests must be in sufficient detail to identify the subject matter
as well as the contact person who will represent the matter before the Council. The City
Council reserves the right to not consider matters over which the City has no
jurisdiction.
OPENING ITEMS
1.

Invocation - Pastor Nathan Headrick, Midland Church of God

2.

Pledge of Allegiance

PRESENTATIONS
3.

Presentation of special events, organizations, individuals, or periods of time
including, but not limited to:
a.

Recognition of the 2019 Christmas Parade Float Winners.

b.

Receive a presentation from Midland Retired Seniors Volunteer Program.

c.

Presentation of a Proclamation for Crime Stoppers Month.

d.

Presentation of a Proclamation for Martin Luther King Jr. Day of Service.

CONSENT AGENDA
4.

5.

Consider a motion approving the following minutes:
a.

Regular meeting of December 10, 2019.

b.

Special meeting of December 17, 2019.

Consider a resolution authorizing the City Treasurer to write off as uncollectible
certain delinquent accounts for Emergency Medical Services receivables and
Health Department receivables. (FINANCE) (2020 - 001)

6.

Consider a resolution casting the City of Midland’s votes for Directors of the
Midland Central Appraisal District for Robert McNaughton; and directing the City
Manager to file the appropriate documents. (FINANCE) (2020 - 002)

7.

Consider a resolution authorizing the City Treasurer to write off as uncollectible
certain delinquent accounts for water, sewer, and sanitation services.
(FINANCE) (2020 - 003)

8.

Consider a resolution authorizing the execution of a change order to the contract
with Speedcrete, Inc., regarding the Community Development Block Grant
Sidewalk Improvements Project-Phase II; said change order to provide for
additional work based on the unit prices in the contract. (PURCHASING) (2020 004)

9.

Consider a resolution awarding a contract for the Fiscal Year 2020 Crack Fill
Project to Champion Infrastructure, LLC of Georgetown, Texas, at a total cost
not to exceed $270,320.00; and authorizing payment therefor. (PURCHASING)
(2020 - 005)

10.

Consider a resolution awarding a contract for the Fiscal Year 2020 Drainage
System Mowing, Median Maintenance and Tree Trimming Project to Slateco,
Inc. of Farwell, Texas, at a total cost not to exceed $279,106.96; and authorizing
payment therefor. (PURCHASING) (2020 - 006)

11.

Consider a resolution approving the purchase of two (2) full-size three-quarter
(3/4) ton extended cab and chassis trucks and one (1) full-size single-axle cab
and chassis truck from Randall Reed’s Prestige Ford, of Garland, Texas.
(PURCHASING) (2020 - 007)

12.

Consider a resolution approving the purchase of three (3) 2-3 cubic-yard dump
bodies and two (2) utility service body beds with cranes from Randal Reed’s
Prestige Ford of Garland, Texas. (PURCHASING) (2020 - 008)

13.

Consider a resolution authorizing the purchase of various amounts of spring and
fall seed for the Plant Farm and the Spraberry Farm from Helena AgriEnterprises, LLC, of Stanton, Texas, at a total cost of $274,501.90.
(PURCHASING) (2020 - 009)

14.

Consider a resolution authorizing the purchase of herbicide for the Spraberry
Farm from Helena Agri-Enterprises, LLC of Stanton, Texas, at a total cost of
$149,800.40. (PURCHASING) (2020 - 010)

15.

Consider a resolution approving the purchase of Isilons for the Police
Department and main data storage from GTS Technology Solutions, Inc.,
through the Texas Department of Information Resources at a total cost of
$425,804.28. (PURCHASING) (2020 - 011)

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January 14, 2020

16.

Consider a resolution approving the purchase of replacement hardware for the
Primary Data Center from GTS Technology Solutions, Inc., through the Texas
Department of Information Resources at a total cost of $591,019.71 for the
Communication and Information Systems Department. (PURCHASING) (2020 012)

17.

Consider a resolution approving the purchase of Traffic Signal Poles for three
road construction projects from Consolidated Traffic Controls, Inc. through the
Houston-Galveston area Council at a total cost of $122,962.00. (PURCHASING)
(2020 - 013)

18.

Consider a motion approving the issuance of a request for bids for the sale of
real property described as a 0.482 acre tract out of Block 176, Lots 13 through
18, Southern Addition, City of Midland, Midland County, Texas, (generally
described as 101 East Florida Avenue) and also known as the Flash Tax office
building for the General Services Department. (PURCHASING) (001-2020)

19.

Consider a resolution authorizing the execution of a tax abatement agreement
with Colorado Street Hotel Development, LLC as authorized by Chapter 312 of
the Texas tax Code (the “Agreement”) regarding Lots five (5), six (6), seven (7)
and eight (8), Block thirty-five (35), Original Town, City and County of Midland,
Texas (the “Property”); said property being located within Tax Abatement
Investment Zone Number 2018-01 (the “Reinvestment Zone”); said reinvestment
zone being located at the northeast corner of the intersection of North Big Spring
Street and West Texas Avenue; the owner of the land located within the property
being the City of Midland; the owner of the improvements to be constructed on
the property being Colorado Street Hotel Development, LLC; the applicant for tax
abatement being Colorado Street Hotel Development, LLC; the improvements
included in the agreement being generally described as a full-service, upscale
hotel, ground floor retail and restaurant space, and ballroom space; the
estimated cost of said improvements being not less than $50,000,000.00; and
directing the City Manager to deliver a written notice of the City’s intention to
enter into the agreement, or ensure that such a notice has been delivered, to the
presiding officer of the governing body of each appropriate taxing unit at least
seven days prior to the execution of the agreement. (CITY ATTORNEY'S
OFFICE) (2020 - 014)

20.

Consider a motion authorizing the City Manager to receive donations from
Permian Lodging of Spring, Texas in the amount of $1,500.00. (DEVELOPMENT
SERVICES) (002-2020)

21.

Consider a motion approving the expenditure of funds for the development and
implementation of reporting software from Adventos Corporation. (POLICE)
(003-2020)

22.

Consider a resolution authorizing the execution of a Right-of-Way License

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January 14, 2020

between the City of Midland and Targa Pipeline Mid-Continent WestTex LLC,
regarding City-owned property described as Section 44, Block 38, Township-1South, T&P RR. Co. Survey, Midland County, Texas. (UTILITIES) (2020 - 015)
23.

Consider a resolution authorizing the execution of a Right-of-Way License
between the City of Midland and SCM Water, LLC, regarding City-owned
property described as Sections 13, 17, 18 and 19, Block C23, Public School
Land Survey, Winkler County, Texas. (UTILITIES) (2020 - 016)

24.

Consider a resolution authorizing the execution of a Right-of-Way License
between the City of Midland and Endeavor Energy Resources, L.P., regarding
City-owned property described as Section 5, Block 38, Township-2-South, T&P
RR Co. Survey, Midland County, Texas. (UTILITIES) (2020 - 017)

SECOND READINGS
25.

Consider an ordinance on second reading amending the Zoning District Map of
the City of Midland to rezone Lots 15 and 16, Block 1, Eastover Addition, City
and County of Midland, Texas, from MF-22, Multiple-Family Dwelling District to
SF-3, Single-Family Dwelling District (generally located at the southeast corner
of the intersection of East Illinois Avenue and North Adams 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. (DEVELOPMENT SERVICES) (First reading held December 10,
2019) (10029)

26.

Consider an ordinance on second reading amending the Zoning District Map of
the City of Midland to rezone Lot 6, Block 17, Skyline Terrace, Unit 7, City and
County of Midland, Texas, from PD, Planned Development District for a
shopping center to an amended PD, Planned Development District for a
shopping center (generally located on the south side of West Loop 250 North,
approximately 389 feet east of Boulder 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 on December 10, 2019)
(10031)

27.

Consider an ordinance on second reading amending the Zoning District Map of
the City of Midland to grant a Specific Use Designation with Term for a 7,700square foot portion of Lot 7, less the west five feet, and Lots 8 through 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 RR, Regional Retail District, allowing said property to
be used for the sale of all alcoholic beverages in a bar for on-premises
consumption; making said designation subject to certain conditions and
restrictions contained herein; containing a cumulative clause; containing a

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January 14, 2020

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 December 10, 2019) (10032)
28.

Consider an ordinance on second reading amending the Zoning District Map of
the City of Midland to rezone Lot 3, Block 6, Moody Addition, City and County of
Midland, Texas, from LI, Light Industrial District to SF-3, Single-Family Dwelling
District (generally located on the west side of North Lee Street, approximately
122 feet south of Houston 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 December 10, 2019) (10033)

29.

Consider an ordinance on second reading amending Title XI, “Planning and
Development”, Chapter 1, “Zoning Ordinance”, Section 9.02, “Zoning Text and
Map Amendments” of the City Code of Midland, Texas, by adding Subsection G,
“Limitation on Reapplication” so as to establish a limitation on reapplication for a
zoning map amendment; 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 December 10, 2019) (10037)

30.

Consider an ordinance on second reading granting a special exception for Lot 3,
Block 1, Brookshire Village, City and County of Midland, Texas, (generally
located on the east side of Perry Street, approximately 182 feet north of West
Wadley Avenue), by permitting a reduced minimum front yard setback;
containing a cumulative clause; containing a savings and severability clause;
providing for a maximum penalty or fine of two thousand dollars ($2,000.00);
ordering recordation by the City Secretary in the Deed Records of Midland
County, Texas; and ordering publication. (DEVELOPMENT SERVICES) (First
reading held on December 10, 2019) (10038)

31.

Consider an ordinance on second reading adopting a site plan for the south half
of Block 23, Gardens Addition, City and County of Midland, Texas, (generally
located at the northwest corner of Ward Street and West Ohio Avenue); 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 on December 10, 2019) (10039)

PUBLIC HEARINGS
32.

Hold a public hearing and consider an ordinance amending the Zoning District
Map of the City of Midland to rezone a 19.70-acre tract of land out of Section 30,
Block 39, T-1-S, T&P RR Co. Survey, City and County of Midland, Texas, from
SF-1, Single-Family Dwelling District, in part, and MF-22, Multiple-Family

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Dwelling District, in part, to MF-16, Multiple-Family Dwelling District (generally
located on the south side of Princeton Avenue, approximately 824 feet west of
North Midland 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) (10040)
33.

Hold a public hearing and consider an ordinance amending the Zoning District
Map of the City of Midland to rezone Lot 11, Block 59, Park Avenue Heights
Addition, City and County of Midland, Texas, from MF-22, Multiple-Family
Dwelling District to SF-3, Single-Family Dwelling District (generally located on
the south side of East Pennsylvania Avenue, approximately 99 feet west of
South Tyler 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. (DEVELOPMENT SERVICES)
(10041)

34.

Hold a public hearing and consider an ordinance amending the Zoning District
Map of the City of Midland to grant a Specific Use Designation with Term for a
3,210-square foot portion of Lot 33C, Block 3, Briarwood Addition, Section 16,
City and County of Midland, Texas, (generally located on the north side of
Briarwood Avenue, approximately 185 feet west of North Midland Drive), which is
presently zoned PD, Planned Development District for a Shopping Center,
allowing said property to be used for the sale of all alcoholic beverages in a
lounge for on-premises consumption; making said designation subject to certain
conditions and restrictions contained herein; containing a cumulative clause;
containing a savings and severability clause; providing for a maximum penalty or
fine of two thousand dollars ($2,000.00); and ordering publication. (Development
Services) (10042)

35.

Hold a public hearing and consider an ordinance amending the Zoning District
Map of the City of Midland to grant a Specific Use Designation with Term for a
3,985-square foot portion of Lot 1A, Block 11, Kimber-Lea, Section 11, City and
County of Midland, Texas, (generally located at the northeast corner of the
intersection of Maxwell Drive and North Midkiff Road), which is presently zoned
RR, Regional Retail District, allowing said property to be used for the sale of all
alcoholic beverages in a restaurant for on-premises consumption; making said
designation subject to certain conditions and restrictions contained herein;
containing a cumulative clause; containing a savings and severability clause;
providing for a maximum penalty or fine of two thousand dollars ($2,000.00); and
ordering publication. (Development Services) (10043)

36.

Hold a public hearing and consider an ordinance amending the Zoning District
Map of the City of Midland to rezone a 23.66-acre tract of land out of Section 11,
Block 40, T-2-S, T&P RR Co. Survey, City and County of Midland, Texas, from
AE, Agricultural Estate District to PD, Planned Development District for a
Housing Development (generally located approximately 1,024 feet south of West

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Interstate 20 and approximately 2,083 feet west of South County Road 1235);
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) (10044)
37.

Hold a public hearing regarding the proposed granting of oil and gas well permits
to Diamondback E&P LLC, for the drilling of oil and gas wells, being BILLINGS
UNIT 807WA located 310 feet from the south line and 1,432 feet from the east
line, BILLINGS UNIT 808LS located 309 feet from the south line and 1,373 feet
from the east line, BILLINGS UNIT 808WB located 310 feet from the south line
and 1,393 feet from the east line and BILLINGS UNIT 819MS located 310 feet
from the south line and 1,413 feet from the east line, Section 8, Block 39, T-1-S,
T&P RR. CO. Survey, City and County of Midland, Texas, (said wells are
generally located between 409 and 410 feet north of Green Tree Boulevard
extension and between 1,373 and 1,432 feet west of North Midkiff Road
extension). This is a public hearing only. (Development Services) (004-2020)

38.

Hold a public hearing and consider an ordinance amending the Zoning District
Map of the City of Midland to rezone Lot 1, Block 43, South Park Addition, City
and County of Midland, Texas, from MF-22, Multiple-Family Dwelling District to
SF-3, Single-Family Dwelling District (generally located at the southwest corner
of the intersection of East Hicks Avenue and South Dallas 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. (Development Services) (10045)

39.

Hold a public hearing and consider an ordinance granting a special exception for
Lot 3, less the south 10 feet, Block 26, Moody Addition, City and County of
Midland, Texas, (generally located on the west side of North Tyler Street,
approximately 100 feet south of East Texas Avenue), by permitting a reduced
minimum lot width; containing a cumulative clause; containing a savings and
severability clause; providing for a maximum penalty or fine of two thousand
dollars ($2,000.00); ordering recordation by the City Secretary in the Deed
Records of Midland County, Texas; and ordering publication. (Development
Services) (10046)

MISCELLANEOUS
40.

Consider an ordinance amending Title I, “Administrative”, Chapter 5, “City
Manager” of the City Code of Midland, Texas, by establishing Section 7,
“Authority to Grant Reasonable Accommodations” so as to authorize the City
Manager to grant reasonable accommodations as required by applicable laws;
providing an appeal procedure; containing a cumulative clause; containing a
savings and severability clause; and ordering publication. (CITY MANAGER'S
OFFICE) (10047)

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January 14, 2020

41.

Consider a motion to receive and file the schedule for 2019/2020 Action Plan
application cycle. (DEVELOPMENT SERVICES) (005-2020)

42.

Consider an ordinance changing the name of the portion of Ironwood Drive that
is adjacent to Lot 12, Block 12, and Lot 1, Block 13, Grassland Estates West,
Section 7, City and County of Midland, Texas, (generally located on the south
side of the intersection of Ironwood Drive and Mosswood Drive), to “Sinclair
Avenue”; 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) (10048)

43.

Consider a motion making appointments to various Boards and Commissions.

PUBLIC COMMENT
44.

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.)

EXECUTIVE SESSION
45.

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.

b.

Section 551.071, Consultation with the City Attorney
b.1. Discuss matters in which the duty of the attorney(s) to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Texas Government Code.
Respectfully Submitted,

Courtney B. Sharp
City Manager

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MEETING ASSISTANCE INFORMATION: The Midland City Hall and Council Chamber
are wheelchair accessible. If you need special assistance to participate in this meeting,
please contact the City Secretary’s Office at (432) 685-7430. Notification 48 hours prior
to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.

AGENDA

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