Call to Order

1. Invocation - Rev. Pat Bryant, Travis Baptist Church
2. Pledge of Allegiance

Presentations

Presentation of special events, organizations, individuals, or periods of time
including, but not limited to:
a. Presentation of a Proclamation for Crime Stoppers Month.

Public Comment

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 December 15, 2015.
7. Consider a resolution approving the purchase of forty (40) bunker coats and forty
(40) bunker pants for the Fire Department from Dooley Tackaberry, Incorporated,
through Buyboard at a total cost of $80,880.00. (PURCHASING) (2016 - 002)
8. Consider a resolution approving the purchase of one (1) Rosco RA-400 spray
patcher for the Garage Division from Bee Equipment Sales, Limited, through
Buyboard at a total cost of $195,018.00. (PURCHASING) (2016 - 003)
9. Consider a resolution approving the purchase of one (1) Bomag BW-27RH
pneumatic roller for the Garage Division from Anderson Machinery Company
through Buyboard at a total cost of $131,839.50. (PURCHASING) (2016 - 004)
10. Consider a resolution authorizing the execution of a contract with DN Tanks,
Incorporated, at a total cost of $1,368,625.00, for the Edgewood Booster Station
Rehabilitation East and West Ground Storage Tanks Project for the Utilities
Department. (PURCHASING) (2016 - 005)
11. Consider a resolution approving the selection of Parkhill, Smith & Cooper,
Incorporated, CDM Smith, Incorporated, HDR Engineering, Incorporated,
Enprotec/Hibbs & Todd, Incorporated, and Burgess & Niple, Incorporated, as
respective first choices for performance of On-Call Engineering Support Services
for the Utilities Department over the next five (5) years; and providing that any
agreement exceeding $50,000 shall not become effective until approved by the
City Council. (PURCHASING) (2016 - 006)
12. Consider a resolution authorizing the execution of a contract for the purchase
and installation of playground equipment and artificial turf surfacing for the
Midland United Girls Softball Association (MUGS) with Playgrounds Etc, LLC,
through Buyboard at a total cost of $56,849.00. (PURCHASING) (2016 - 007)
13. Consider a resolution approving a Request for Qualifications and authorizing the
City Manager to accept statements of qualifications for professional engineering
and architectural services regarding future Capital Improvement Plan Projects
that may be constructed at the Midland International Air & Space Port and/or
Midland Airpark. (AIRPORTS) (2016 - 008)
16. Consider a resolution approving a second amendment to the Economic
Development Agreement between the Midland Development Corporation and
XCOR Aerospace, Inc.; approving an amendment to the Sublease Agreement
between the Midland Development Corporation and XCOR Aerospace, Inc.; and
approving an amendment to the Standard Form of Agreement between the
Midland Development Corporation, XCOR Aerospace, Inc., and N.C. Sturgeon,
LP. (CITY MANAGER'S OFFICE) (2016 - 011)
17. Consider a resolution of the City Council of the City of Midland, Texas
authorizing the City Manager to negotiate and execute, on behalf of the City of
Midland (the “City”), a Public Improvement Development Agreement with DDC
Merritt Leisure, Ltd. (“Developer”) under which the City will contribute one half
and developer will contribute one half of the costs of streets, curbs, gutters,
sidewalks, and traffic controls located in and adjacent to those portions of Beal
Parkway and Leisure Drive that are adjacent to Lots 1 and 2, Block 162, and the
south 378 feet of Lot 1R, Block 163, Wilshire Park Addition, Section 9, City and
County of Midland, Texas; providing that this resolution supersedes and rescinds
Resolution Nos. 2014-072 and 2015-034; authorizing and directing the City
Secretary to certify the resolution to the Texas Department of Housing and
Community Affairs; and providing an effective date. (DEVELOPMENT
SERVICES)
18. Consider a resolution authorizing the execution of a Right-of-Way License
between the City of Midland and Sprint Communications Company, Limited
Partnership, regarding City-owned property described as Section 42, Block 38,
Township 1 South, and Section 25, Block 39, Township 1 South, T&P RR Co.
Survey, Midland County, Texas, for the purpose of maintaining and operating a
fiber optic cable system. (ENGINEERING SERVICES) (2016 - 013)
19. Consider a motion on request by Newton Engineering, PC to defer public
improvements for Desert Winds, and to waive the corresponding financial
security guarantee valued at $638,134, an amount equal to the estimated cost of
construction. The subject property is generally located approximately 14,780
feet south of the City of Midland corporate limits, on the south side of West
County Road 140 approximately 2,200 feet west of the intersection with South
County Road 1210, in the Extraterritorial Jurisdiction of the City of Midland, in
Midland County, Texas. (ENGINEERING SERVICES) (001-2016)
20. Consider a motion on request by Engineering Services to renew for one year the
existing blanket deferral for wastewater collection and paving improvements to
serve Country Sky Addition, and to waive the corresponding financial security
guarantee. The subject property is generally located on the south side of
Briarwood Avenue, between Roadrunner Trail and Tumbleweed Trail, in the City
of Midland, in Midland County, Texas. (ENGINEERING SERVICES) (002-2016)

Item 6

Consider a resolution awarding a contract for the Scharbauer Sports Complex
Improvements Project to Mid-Tex of Midland, Incorporated, in the amount of
$2,100,000.00; and approving $260,056.00 for contingencies. (PURCHASING)
(2016 - 001)

Item 14

Consider a resolution authorizing the execution of an amendment to the
Professional Services Agreement with Luck Design Team, LLC, to perform
engineering and architectural design services in accordance with the City of
Midland Parks, Recreation, and Open Space Master Plan at a total cost of
$39,500.00; and appropriating funds. (COMMUNITY SERVICES) (2016 - 009)

Item 15

Consider a resolution approving an Economic Development Agreement between
the Midland Development Corporation and the University of Texas of the
Permian Basin (“UTPB”), as authorized by Chapter 501 of the Texas Local
Government Code. (CITY MANAGER'S OFFICE) (2016 - 010)

Second Readings

21. Consider an ordinance on second reading changing the zoning use classification
of the property described as Lot 8, Block 2, Westridge Park Addition, Section 20,
City and County of Midland, Texas (Generally located northwest of the
intersection of Deauville Boulevard and North Loop 250 West), 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 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)(First reading held December 15,
2015.)(9515)
22. Consider an ordinance on second reading vacating and abandoning a 0.12-acre
portion of alley right-of-way located in Block 5, Gardens Addition, City and
County of Midland, Texas (Generally located on the east side of Andrews
Highway, approximately 330 feet north of West Louisiana Avenue); adopting the
appraisal by the City Manager of $20,720.00; retaining a General Utility and
Access Easement; and ordering recordation by the City Secretary.
(DEVELOPMENT SERVICES)(First reading held December 15, 2015.)(9516)
23. Consider an ordinance on second reading granting a special exception for Lot 6,
Block 2, Northwestern Addition, Section 15, City and County of Midland, Texas
(Generally located on the south side of Mockingbird Lane, approximately 230
feet east of North Midland Drive), by permitting a reduced openness of a fence
within the 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 December 15, 2015.)(9517)
24. Consider an ordinance on second reading changing the zoning use classification
of the property described as a 2,583-square foot portion of Lot 15F, Block 40,
Fairmont Park Addition, Section 40, City and County of Midland, Texas
(Generally located on the north side of West Wadley Avenue, approximately 250
feet west of Sagemont Drive), 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 December 15, 2015.)(9518)
25. Consider an ordinance on second reading making certain transfers in various
funds of the 2014-2015 Fiscal Year Budget and making certain budget
amendments; and ordering recordation. (FINANCE)(First reading held December
15, 2015.)(9519)

Public Hearings

26. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as Lot 3, Block 2, Westridge Park
Addition, Section 4, City and County of Midland, Texas (Generally located
southwest of the intersection of Andrews Highway and North Loop 250 West),
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) (9520)
27. 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 18B, Block 109, Wilshire Park Addition, Section 17, City
and County of Midland, Texas, which is presently zoned PD, Planned District for
a Shopping Center, in part, and LR-2, Local Retail District, in part, to be used as
an LR-1, Local Retail District (Generally located north of the intersection of
Thomason Drive and West Illinois 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) (9521)
28. Hold a public hearing regarding a proposed Oil and Gas Permit to Callon
Petroleum Operating Company (Operator), for a Permit to Drill an Oil & Gas Well
within the City Limits, (Pecan Acres 22A3 #5H) located 280 feet from the north
line and 335 feet from the east line located in Section 22, Block 40, T-1-S, T&P
RR Co. Survey, City of Midland and County of Midland, Texas. (Generally
located on the south side of the west extension of Mockingbird Lane (West
County Road 50), approximately one mile north of Briarwood Avenue.) This is a
public hearing only. No further action will be taken. (DEVELOPMENT
SERVICES) (003-2016)
29. Hold a public hearing regarding a proposed Oil and Gas Permit to Callon
Petroleum Operating Company (Operator), for a Permit to Drill an Oil & Gas Well
within the City Limits, (Pecan Acres 22A4 #6H) located 250 feet from the north
line and 335 feet from the east line located in Section 22, Block 40, T-1-S, T&P
RR Co. Survey, City of Midland and County of Midland, Texas. (Generally
located on the south side of the west extension of Mockingbird Lane (West County Road 50),
approximately one mile north of Briarwood Avenue.) This is a
public hearing only. No further action will be taken. (DEVELOPMENT
SERVICES) (004-2016)
30. Hold a public hearing regarding a proposed Oil and Gas Permit to Callon
Petroleum Operating Company (Operator), for a Permit to Drill an Oil & Gas Well
within the City Limits, (Pecan Acres 23 PSA 2 #9SH) located 577 feet from the
north line and 2,560 feet from the east line located in Section 23, Block 40, T-1-
S, T&P RR Co. Survey, City of Midland and County of Midland, Texas.
(Generally located 577 feet south of the west extension of Mockingbird Lane
(West County Road 50) and 1,224 feet west of Golden Gate Drive. -District 4)
This is a public hearing only. No further action will be taken. (DEVELOPMENT
SERVICES) (005-2016)
31. Hold a public hearing regarding a proposed Oil and Gas Permit to Callon
Petroleum Operating Company (Operator), for a Permit to Drill an Oil & Gas Well
within the City Limits, (Pecan Acres 23 PSA 2 #16AH) located 577 feet from the
north line and 2,520 feet from the east line located in Section 23, Block 40, T-1-
S, T&P RR Co. Survey, City of Midland and County of Midland, Texas.
(Generally located 577 feet south of the west extension of Mockingbird Lane
(West County Road 50) and 1,184 feet west of Golden Gate Drive.) This is a
public hearing only. No further action will be taken. (DEVELOPMENT
SERVICES) (006-2016)
32. 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 2421SH) located 752 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 595 feet west of Avalon Drive
and 272 feet from South Mockingbird Lane extension.) This is a public hearing
only. No further action will be taken. (DEVELOPMENT SERVICES) (007-2016)
33. Hold a public hearing and consider an ordinance vacating and abandoning a
0.05-acre portion of North Pecos Street Right-of-Way adjacent to Lots 1 and 2,
Block 59, Original Town Addition, City and County of Midland, Texas (Generally
located southwest of the intersection of West Texas Avenue and North Pecos
Street); adopting the appraisal by the City Manager of $8,000.00; and ordering
recordation by the City Secretary. (DEVELOPMENT SERVICES) (9522)
34. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as Lot 5A, Block 3, Westridge Park
Addition, Section 14, City and County of Midland, Texas (Generally located on
the west side of Tradewinds Boulevard, approximately 160 feet north of
Deauville Boulevard), 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) (9523)
35. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as Lot 1-F, Block 5, Correction Plat of
Colony Place, Section 5, City and County of Midland, Texas (Generally located
on the south side of West Wadley Avenue, approximately 670 feet east of North
Garfield 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) (9524)
36. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as Lot 1, Block 2, Bankhead Addition,
Section 2, City and County of Midland, Texas (Generally located northwest of the
intersection of South Midkiff Road and Bankhead Highway), which is presently
zoned C-3, Commercial District, by permitting said property to be used under a
Specific Use Permit with Term for the sale of all alcoholic beverages in a
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. (Planning
Admin) (9525)
37. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as a 3,725-square foot portion Lot 6C,
Block 2, Westridge Park Addition, Section 24, City and County of Midland, Texas
(Generally located on the west side of North Loop 250 West, approximately 550
feet north of Deauville Boulevard), 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) (9526)
38. Hold a public hearing and consider an ordinance granting a special exception for
Lot 4, Block 5, Green Hill Terrace, City and County of Midland, Texas (Generally
located on the south side of Tanforan Avenue, approximately 110 feet west of Saratoga Drive),
by permitting a reduced side 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) (9527)
39. Hold a public hearing and consider an ordinance changing the zoning use
classification of the property described as Lot 3, Block 45, Fairmont Park
Addition, Section 13, City and County of Midland, Texas (Generally located on
the south side of West Loop 250 North, approximately 750 feet west of Henry
Koontz Boulevard), 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 movie theater 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)
(9528)

Miscellaneous

40. Consider a motion appealing the Building Official's denial of a sign permit
application by Chevron, located on 6301 Deauville Boulevard, Midland, Texas.
(DEVELOPMENT SERVICES) (008-2016)
41. Consider an ordinance vacating and abandoning a 10.7901-acre portion of a
drainage easement located in Section 42, Block 38, T-1-S, T&P RR Co. Survey,
County of Midland, Texas (Generally located on the west side of County Road
1160, approximately one quarter mile south of Business Interstate Highway 20);
adopting the appraisal by the City Manager of $21,580.20; and ordering
recordation by the City Secretary. (ENGINEERING SERVICES) (9529)
42. Consider an ordinance amending Title VIII, “Food Establishments, Health and
General Sanitation”, Chapter 6, “Garbage, Trash and Rubbish”, Section 24,
“Charges for Dumping or Unloading at Sanitary Landfill Operated by the City of
Midland”, of the City Code of Midland, Texas, so as to increase the rates
charged for dumping or unloading at the sanitary landfill facility operated by the
City of Midland and to eliminate the state permit fee of one dollar and twenty-five
cents ($1.25) per ton; providing for a maximum penalty or fine of one thousand
dollars ($1,000.00); containing an escalation clause; containing a cumulative
clause; containing a savings and severability clause; and ordering publication.
(SOLID WASTE) (9530)
43. Discuss the possible issuance of certificates of obligation for the purpose of
paying for the construction, improvement and acquisition of public works and
equipment. The discussion may include the potential amount of the certificates of
obligation as well as potential public works projects such as streets, drainage,
park and recreational facilities, police facilities, and communication information
technology improvements and equipment. This item is for discussion only, no
action will be taken.
44. Consider a motion appointing a Mayor Pro Tempore. (009-2016)
45. Consider a motion making appointments to various Boards and Commissions.

Executive Session

46. 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