Call to Order

1. Invocation - Pastor Robert Pase, Grace Lutheran
2. Pledge of Allegiance

Presentations

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

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. (Please limit comments to
three minutes or less.)

Consent Agenda

5. Consider a motion approving the following minutes:
a. Regular meeting of January 26, 2016.
6. Consider a resolution approving the purchase of twenty-one (21) Panasonic
Laptops with corresponding three (3) year warranties for police vehicles for the
Garage Division from PCMG, Incorporated, through Buyboard at a total cost of
$86,571.87. (PURCHASING) (2016 - 032)
8. Consider a resolution authorizing the execution of a contract with Basin Electric
& Technology of Midland, Texas, for the Aircraft Ramp Lighting System
Improvements Project (7146) at the Midland International Air & Space Port in an
amount not to exceed $311,386.00; and appropriating funds in the amount of
$448,064.00. (AIRPORTS) (2016 - 034)
9. Consider a resolution authorizing the execution of a Mutual Termination and
Release Agreement between XCOR Aerospace, Inc., and the City of Midland,
Texas, regarding a certain city-owned 22,500 square foot tract of land located
within Tract G, Section 5, Block 40, Township 2 South, T&P RR Co. Survey,
Midland County, Texas. (AIRPORTS) (2016 - 035)
10. Consider a resolution authorizing the execution of a Lease Agreement between
the City of Midland and the Midland Development Corporation regarding real
property located at Midland International Air & Space Port and described as
approximately 22,500 square feet of bunker space. (AIRPORTS) (2016 - 036)
11. Consider a resolution authorizing the execution of a Professional Services
Agreement with Silverwing Enterprises, LLC, to provide professional services in
support of the operation of the Spaceport located at Midland International Air and
Space Port; and appropriating funds. (AIRPORTS) (2016 - 037)
12. Consider a motion 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) (018-2016)
13. Consider a motion authorizing the execution of a Sports Agreement with the
Texas Cricket Club to administer programs, special events, and services related
to cricket. (COMMUNITY SERVICES) (019-2016)
14. Consider a motion authorizing the execution of a Sports Agreement with Midland
Softball Association, Incorporated, to administer programs, special events, and
services related to softball for ages fifteen and older. (COMMUNITY SERVICES)
(020-2016)
15. Consider a motion authorizing the execution of a Sports Agreement with the
Midland Junior Baseball Association, Incorporated, to administer programs,
special events, and services related to baseball for men ages nineteen and
younger. (COMMUNITY SERVICES) (021-2016)
AGENDA Page 4 February 09, 2016
16. Consider a motion authorizing the execution of a Sports Agreement with the
Midland Soccer Association, Incorporated, to administer programs, special
events, and services related to soccer for adults and youth. (COMMUNITY
SERVICES) (022-2016)
17. Consider a motion 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)
(023-2016)
18. Consider a motion authorizing the execution of a Sports Agreement with the
Greater Midland Football League to administer programs, special events, and
services related to youth football. (COMMUNITY SERVICES) (024-2016)
19. Consider a motion authorizing the execution of a Sports Agreement with the
Boys and Girls Club of Midland, to administer programs, special events, and
services related to flag football and soccer for youth ages eight through twelve.
(COMMUNITY SERVICES) (025-2016)
20. Consider a motion authorizing the execution of a Sports Agreement with First
Baptist Church Upward Flag Football League, to administer programs, special
events, and services related to flag football activities for youth and adults.
(COMMUNITY SERVICES) (026-2016)
21. Consider a motion authorizing the execution of a Sports Agreement with Under
the Lights Flag Football League to administer programs, special events, and
services related to flag football for youth and adults. (COMMUNITY SERVICES)
(027-2016)
22. Consider a motion authorizing the execution of a Sports Agreement with
Stonegate Fellowship to administer services related to flag football for youth and
adults. (COMMUNITY SERVICES) (028-2016)
23. Consider a motion on request by Schumann Engineering Co. Inc. to defer public
improvements for Sunridge Ranch Estates Section 5, and to waive the
corresponding financial security guarantee valued at $345,303.00, an amount
equal to the estimated cost of construction. The subject property is generally
located approximately 2,050 feet northwest of the City of Midland corporate
limits, on the southeast corner of the intersection of North County Road 1246
and West County Road 41 in the Extra Territorial Jurisdiction of the City of
Midland, in Midland County, Texas. (ENGINEERING SERVICES) (029-2016)
AGENDA Page 5 February 09, 2016
24. Consider a motion on request by Schumann Engineering Co. Inc. to defer public
improvements for Sunridge Ranch Estates Section 6, and to waive the
corresponding financial security guarantee valued at $269,785.73 an amount
equal to the estimated cost of construction. The subject property is generally
located approximately 690 feet north of the City of Midland corporate limits, on
the north side of West County Road 44 approximately 280 feet west of the
intersection with North County Road1240 in the Extraterritorial Jurisdiction of the
City of Midland, in Midland County, Texas. (City of Midland ETJ, Midland County)
(ENGINEERING SERVICES) (030-2016)
25. Consider a resolution authorizing the execution of a six-month temporary Right-
Of-Way License with Dawson Geophysical Company for seismic testing across
City-owned property at Midland Airpark, Sections 14 & 15, Block 39, Township 1
South, Midland County, Texas. (ENGINEERING SERVICES) (2016 - 038)
26. Consider a resolution authorizing the execution of a six-month temporary Right-
Of-Way License with Dawson Geophysical Company for seismic testing across
City-owned streets and rights-of-way. (ENGINEERING SERVICES) (2016 - 039)
27. Consider a resolution authorizing an Operating Certificate for Midland Shuttle
Services, Incorporated, to operate a taxicab business; setting forth conditions
accompanying the certificate; and establishing the terms of the certificate.
(POLICE) (2016 - 040)

Item 7

Consider a resolution approving plans and specifications and authorizing
advertisement for bids for the Fiscal Year 2016 Mill and Inlay Project; said
project will provide for the removal and replacement of two to five inches of
asphalt pavement on certain roadway sections. (PURCHASING) (2016 - 033)

Second Readings

28. Consider an ordinance on second reading changing the zoning use classification
of the property described as Lot 2, Block 1, Garden Twenty, Section 2, City and
County of Midland, Texas (Generally located southeast of the intersection of
East Interstate 20 and East State Highway 158), 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 bar 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)
(9531)
29. 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 3, Block 7, Westridge Park Addition, Section 16, City and County
of Midland, Texas, which is presently zoned PD, Planned District for a Shopping
Center, to be used as an LR-3, Local Retail District (Generally located southwest
of the intersection of Andrews Highway and Catalina 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) (9532)
30. Consider an ordinance on second reading changing the zoning use classification
of the property described as a 2,460-square foot portion of Lot 2B, Block 52,
Belmont Addition, Section 21, City and County of Midland, Texas (Generally
located southeast of the intersection of Summit Avenue and Belmont 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) (9533)
31. Consider an ordinance on second reading ordering a special election to be held
on May 7, 2016, for the purpose of voting for or against the extension of the
imposition of the sales and use tax within the City of Midland at the rate of onequarter
(1/4) of one percent (1%), which is currently used for the Scharbauer
Sports Complex Football/Soccer Stadium and Baseball Stadium, and related
infrastructure, pursuant to Texas Local Government Code, Chapter 505, as
amended (“Chapter 505”), in order to undertake projects authorized by Chapter
505; setting forth said projects herein; making provision for the conduct of such
election; and setting forth other matters incident and related to such election.
(CITY SECRETARY'S OFFICE) (9534)

Public Hearings

32. Hold a public hearing and consider an ordinance vacating and a 0.06-acre
portion of alley right-of-way located in Block 143, Southern Addition, City and
County of Midland, Texas (Generally located on the east side of South Fort
Worth Street, approximately 150 feet north of East Pennsylvania Avenue);
adopting the appraisal by the City Manager of $5,227.00; and ordering
recordation by the City Secretary. (DEVELOPMENT SERVICES) (9535)
33. Hold a public hearing and consider an ordinance vacating and abandoning a
5.44-acre portion of right-of-way located in Blocks 3, 4, 21, and 22, East Midland
Addition, and Blocks B, C, D, E, F, and G, Montgomery Addition, City and
County of Midland, Texas (Generally located west of the intersection of Walnut
Lane and Stonewall Street); adopting the appraisal by the City Manager of
$296,208.00; and ordering recordation by the City Secretary. (DEVELOPMENT
SERVICES) (9536)
34. Hold a public hearing and consider a resolution authorizing the Temporary Use
of Land for a Tent Sale on Lot 7, Block 17, Skyline Terrace Addition, Unit 7, City
and County of Midland, Texas (Generally located on the south side of West Loop
250 North, approximately 220 feet west of North Midkiff Road); and making said
permit subject to certain special conditions and restrictions contained herein.
(DEVELOPMENT SERVICES) (2016 - 041)
35. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as Lot 1, Block 16, Haley Heights, City
and County of Midland, Texas (Generally located southwest of the intersection of
South Rankin Highway and Collins 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 an Electronic Billboard; changing the zoning use
classification of the property described as a 2.86-acre tract of land out of Section
7, Block 39, T-2-S, T&P RR Co. Survey, City and County of Midland, Texas
(Generally located on the south side of Interstate 20, approximately 350 feet east
of Lote Bush Drive), which is presently zoned BP, I-20 Business Park District, by
permitting said property to be used under a Specific Use Permit with Term for a
Billboard; changing the zoning use classification of the property described as all
of Block 17, less 1,351 square feet, Original Town, City and County of Midland,
Texas (Generally located northwest of the intersection of North Lamesa Road
and East Front Street), which is presently zoned C-3, Commercial District, by
permitting said property to be used under a Specific Use Permit with Term for a
Billboard; changing the zoning use classification of the property described as a
7.98-acre tract of land out of Section 4, Block 39, T-2-S, T&P RR Co. Survey,
City and County of Midland, Texas (Generally located on the south side of
Interstate 20, approximately 1,100 feet east of South Midkiff Road), which is
presently zoned LR-2, Local Retail District, by permitting said property to be
used under a Specific Use Permit with Term for an Electronic Billboard; making
said permits 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) (9537)
36. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as an 8,853-square foot portion of Lot 1A,
Block 2, Grandridge Park Addition, Section 6, City and County of Midland, Texas
(Generally located southwest of the intersection of Holiday Hill Road and League
Drive), 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 lounge or nightclub 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. (DOWNTOWN DEVELOPMENT)
(9538)
37. 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 1, Green Acres, City and County of Midland,
Texas, which is presently zoned AE, Agriculture Estate District, to be used as an
LR-2, Local Retail District (Generally located on the west side of North State
Highway 349, approximately 400 feet north of Arapahoe 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) (9539)
38. Hold a public hearing and consider a request by Lamar Advertising, on appeal,
for a Specific Use Permit, with Term, for a Billboard, on Lot 1, Block 1, Green
Acres, City and County of Midland, Texas. (Generally located approximately 400
feet north of the intersection of North Highway 349 and Arapahoe Road). This is
a public hearing only and no additional action will be taken. (DEVELOPMENT
SERVICES) (031-2016)
39. Hold a public hearing and consider a resolution authorizing the Temporary Use
of Land for Outdoor Retail Sales on Lot 1, Block 5, Park Place Addition, Section
3, City and County of Midland, Texas (Generally located on the north side of
Andrews Highway, approximately 390 feet east of Whitney Drive); and making
said permit subject to certain special conditions and restrictions contained
herein. (DEVELOPMENT SERVICES) (2016 - 042)

Miscellaneous

40. Receive the 2015 Midland Police Department Racial Profiling Analysis.
(POLICE) (032-2016)
41. Consider an ordinance 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) (9540)
42. Consider an ordinance 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) (9541)
43. Consider an ordinance vacating and abandoning a 0.45-acre utility easement
located in Section 33, Block 40, T-1-S, T&P RR Co. Survey, Midland County,
Texas (Generally located on the north side of State Highway 191, approximately
one mile east of County Road 1275); adopting the appraisal by the City Manager
of $10,350.00; waiving the fee for the cost of the utility easement; and ordering
recordation by the City Secretary. (ENGINEERING SERVICES) (9542)
44. Consider a resolution authorizing the execution of a Professional Services
Agreement with Kimley-Horn and Associates, Incorporated, to provide design
development, construction documents, bidding assistance, and construction
oversight for the Washington Aquatic Center Pool and Bathhouse Renovation
Project; and authorizing the appropriation of $420,000.00 for said Professional
Services Agreement. (PURCHASING) (2016 - 043)
45. Consider a resolution authorizing the execution of a contract for the purchase
and installation of a pre-fabricated shade structure for the Hogan Park Golf
Course with Playgrounds Etc, LLC, through Buyboard at a total cost of
$103,337.00. (PURCHASING) (2016 - 044)
46. Consider a motion making an appointment to the Hotel/Motel Tax Advisory
Board or other various boards and commissions.

Executive Session

47. 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 551.072 Deliberation Regarding Real Property.
a.1. Discuss the purchase, exchange, lease, or value of real property
described as all of Block 7, Original Town Addition, Midland,
Midland County, Texas.