Call to Order

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

Presentations

3. Presentation of special events, organizations, individuals, or periods of time including, but not limited to:
a. Presentation of Retirement Proclamation to Bobbie Jo Land
b. Presentation recognizing Jones Brothers Dirt & Paving for their donation of roadway easements for future roadways in northeast Midland
c. Presentation recognizing Greg Sikes who was named the 2015 Golf Professional of the year for the West Texas Chapter of the North Texas PGA

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. Special Meeting of January 11, 2016.
b. Regular Meeting of January 12, 2016.

6. Consider a resolution authorizing the execution of a contract with Field Turf USA,
Incorporated, for the purchase and installation of artificial turf for four (4) multipurpose
sports fields at the Scharbauer Sports Complex, through Buyboard at a
total cost of $1,834,906.00. (PURCHASING) (2016 - 014)

8. Consider a resolution authorizing the execution of a contract with Restroom
Facilities, Limited, for the purchase and installation of a modular
restroom/concession building for the Scharbauer Sports Complex, through
Buyboard at a total cost of $289,087.24. (PURCHASING) (2016 - 016)

9. Consider a resolution approving the sole source purchase of twenty-two (22)
XG-75M mobile radios for public safety vehicles from Dailey-Wells
Communications, Incorporated, at a total cost of $100,897.50. (PURCHASING)
(2016 - 017)

10. Consider a resolution approving the purchase of equipment to outfit twenty-one
(21) police vehicles for the Garage Division from Cap Fleet Upfitters through
Buyboard at a total cost of $204,242.43. (PURCHASING) (2016 - 018)

11. Consider a resolution authorizing the execution of a contract with Strong
Environmental Services, LLC, dba Texas Consulting Services, at a total cost of
$7,250.00, for a phase 1 environmental site assessment for the Chamber of
Commerce and the Midland Center buildings, with the option to include an
asbestos survey for the Chamber of Commerce building; and appropriating
funds. (PURCHASING) (2016 - 019)

12. Consider a resolution authorizing the execution of a contract with Strong
Environmental Services, LLC, dba Texas Consulting Services, at a total cost of $26,500.00, for air monitoring services, project management, and bid document
preparation for the removal of asbestos at the Midland Center; and appropriating
funds. (PURCHASING) (2016 - 020)

14. Consider a resolution authorizing the Midland Chamber of Commerce to hold the
annual Star Spangled Salute at Hogan Park on July 4, 2016; and authorizing the
sale and consumption of alcoholic beverages at said event. (COMMUNITY
SERVICES) (2016 - 022)

15. Submit 2016 CDBG Application Schedule. (DEVELOPMENT SERVICES) (010-
2016)

19. Consider a resolution authorizing the execution of a Public Improvement
Development Agreement with Midland Heritage Oaks, Inc., for development of
Heritage Oaks Addition, Section 5, City and County of Midland, Texas (Generally
located west of the intersection of Pedernales Drive and Frio Drive); and
authorizing payment therefor in an amount not to exceed $34,404.00; said
agreement being authorized by Section 395.081 of the Texas Local Government
Code. (ENGINEERING SERVICES) (2016 - 026)

20. Consider a resolution authorizing the execution of a Right-of-Way License
between the City of Midland and Sunoco Pipeline, Limited Partnership, regarding
City-Owned property described as Section 44, Block 38, Township 1 South, and
Section 10, Block 38, Township 2 South, T&P RR Co. Survey, Midland County,
Texas. (ENGINEERING SERVICES) (2016 - 027)

21. Consider a resolution authorizing the City Manager to acquire, on behalf of the
City of Midland, any real property interests necessary or appropriate, by any
instruments of conveyance necessary or appropriate, for the use and benefit of
the public for street, road, pedestrian access, drainage and public utility
purposes, and for any other ancillary public use as is usual and customary in
connection therewith at or near the following-described locations: from the
intersection of Midland Drive and State Highway 349 (Nadine and Tom Craddick
Highway), if the existing Midland Drive were extended to intersect with State
Highway 349 (Nadine and Tom Craddick Highway), to the point at which said
Midland Drive extension meets the northern corporate limits of the City of
Midland; from the intersection of Garfield Street and State Highway 349 (Nadine
and Tom Craddick Highway), if the existing Garfield Street were extended to
intersect with State Highway 349 (Nadine and Tom Craddick Highway), to the
point at which said Garfield Street extension meets the northern corporate limits
of the City of Midland; and from a point on Midkiff Drive approximately 1.5 miles
south of State Highway 349 (Nadine and Tom Craddick Highway), if the existing
Midkiff Drive were extended to intersect with State Highway 349 (Nadine and
Tom Craddick Highway), to a point on Business State Highway 349-C (Big
Spring Street) approximately 1.5 miles south of State Highway 349 (Nadine and
Tom Craddick Highway); authorizing the City Manager to obtain appraisals,
negotiate, execute and file all documents necessary to acquire said real property
interests, purchase title insurance policies and hold the closings for said
acquisitions; authorizing payment for said appraisals, title insurance policies and
closing costs; and ordering the City Secretary to record, or ensure that the title
company has recorded, all instruments of conveyance. (ENGINEERING
SERVICES) (2016 - 028)

22. Consider a motion on request by Schumann Engineering Co. Inc., to defer public
improvements for North Williams Addition, Section 4 and to waive the
corresponding financial security guarantee valued at $273,832.41, an amount
equal to the estimated cost of construction. The subject property is within the City of Midland corporate limits and generally located at the southwest corner of
the Mockingbird Lane and Garfield Street intersection. (ENGINEERING
SERVICES) (011-2016)

23. Consider a motion on request by Maverick Engineering LLC. to defer public
improvements for Threat Estates and to waive the corresponding financial
security guarantee valued at $70,236.03 an amount equal to the estimated cost
of construction. The subject property is generally located 2.76 miles south of the
City of Midland corporate limits, on the east side of FM715 and approximately
230 feet south of County Road 138 in the Extraterritorial Jurisdiction of the City
of Midland, in Midland County, Texas. (City of Midland ETJ, Midland County)
(ENGINEERING SERVICES) (012-2016)

24. Consider a resolution authorizing the execution of a Public Improvement
Development Agreement with Petree-Isbell, Inc., for development of Pavilion
Park Addition, Section 8, City and County of Midland, Texas (Generally located
on the north side of Solomon Drive, approximately 670 feet east of Lamesa
Road); and authorizing payment therefor in an amount not to exceed
$29,879.00; said agreement being authorized by Section 395.081 of the Texas
Local Government Code. (ENGINEERING SERVICES) (2016 - 029)

25. Consider a resolution authorizing the execution of a Right-of-Way License
between the City of Midland and Rangeland Rio Pipeline, LLC, regarding City-
Owned property described as Section 5, Block C24, PSL Survey, Loving and
Winkler Counties, Texas and Sections 27, 20, 19, 13, 12, and 7, Block C23, PSL
Survey, Winkler County, Texas. (ENGINEERING SERVICES) (2016 - 030)

26. Consider a resolution authorizing the Midland Fire Department to file an
application with the United States Department of Homeland Security for the 2015
Assistance to Firefighters Grant; said funds will be used to purchase a grass
firefighting truck and a community healthcare paramedic vehicle; said grant is a
matching funds grant in which the Assistance to Firefighters Grant would fund
90% ($276,300.00) of the total amount ($307,000.00) and the City of Midland
would fund 10% ($30,700.00) of the total amount. (FIRE) (2016 - 031)

Item 7

Consider a resolution authorizing the execution of a Professional Services
Agreement with Parkhill, Smith & Cooper, Inc., for Engineering Services
including surveying, design, schematic development, right-of-way map
preparation, and services pertaining to right-of-way acquisition in connection with
the widening of Briarwood Avenue from a point approximately 500 feet west of
County Road 1255 to a point approximately 500 feet east of Avalon Drive;
depositing and appropriating funds in the amount of $730,000.00; and
authorizing payment therefor in an amount not to exceed $430,109.00.
(PURCHASING) (2016 - 015)

Item 13

Consider a resolution authorizing the execution of a Professional Services
Agreement with Maverick Engineering, LLC, for survey services, development of
construction plans, and the preparation of bid documents to re-route the Midland
Center main sewer line; allocating funds in the amount of $50,000.00; and
authorizing payment therefor. (PURCHASING) (2016 - 021)

Item 16

Consider a resolution approving the issuance of a permit to Callon Petroleum
Operating Company (“Operator”) to drill an oil and gas well within the City limits
located 250 feet from the north line and 610 feet from the east line, Section 22,
Block 40, T-1-S, T&P RR Co. Survey, City 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);
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 - 023)

Item 17

Consider a resolution approving the issuance of a permit to Callon Petroleum
Operating Company (“Operator”) to drill an oil and gas well within the City limits
located 280 feet from the north line and 610 feet from the east line, Section 22,
Block 40, T-1-S, T&P RR Co. Survey, City 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);
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 - 024)

Item 18

Consider a resolution approving the issuance of a permit to Callon Petroleum
Operating Company (“Operator”) to drill an oil and gas well within the City limits
located 310 feet from the north line and 610 feet from the east line, Section 22,
Block 40, T-1-S, T&P RR Co. Survey, City 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);
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 - 025)

Second Readings

27. Consider an ordinance on second reading 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)(First reading held on January 12, 2016)(9520)

28. 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 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)(First reading held on January 12, 2016)(9521)

29. Consider an ordinance on second reading 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)(First reading
held on January 12, 2016)(9522)

30. Consider an ordinance on second reading 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)(First
reading held on January 12, 2016)(9523)

31. Consider an ordinance on second reading 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)(First reading held on January 12,
2016)(9524)

32. Consider an ordinance on second reading 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 onpremises
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 January 12, 2016)(9525)

33. Consider an ordinance on second reading 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 onpremises
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 January 12, 2016)(9526)

34. Consider an ordinance on second reading 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)(First reading
held on January 12, 2016)(9527)

35. Consider an ordinance on second reading 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)(First reading held on
January 12, 2016)(9528)

36. Consider an ordinance on second reading 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)(First
reading held on January 12, 2016)(9529)

37. Consider an ordinance on second reading 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)(First reading held on January
12, 2016)(9530)

Public Hearings

38. Hold a public hearing at approximately regarding a proposed oil and gas permit
to Diamondback E&P LLC (Operator), for a Permit to Drill an Oil & Gas Well
within the City Limits, (Butte Unit 804LS) located 306 feet from the south line and
2,528 feet from the east line located in Section 8, Block 39, T-1-S, T&P RR Co.
Survey, City of Midland and County of Midland, Texas (Generally located 405
feet north of Green Tree Blvd. extension and 2,528 feet west of North Midkiff
Road.) This is a public hearing only. No further action will be taken.
(DEVELOPMENT SERVICES) (013-2016)

39. Hold a public hearing at approximately regarding a proposed oil and gas permit
to Diamondback E&P LLC (Operator), for a Permit to Drill an Oil & Gas Well
within the City Limits, (Butte Unit 804MS) located 306 feet from the south line
and 2,468 feet from the east line located in Section 8, Block 39, T-1-S, T&P RR
Co. Survey, City of Midland and County of Midland, Texas (Generally located
405 feet north of Green Tree Blvd. extension and 2,468 feet west of North Midkiff
Road.) This is a public hearing only. No further action will be taken. (DEVELOPMENT SERVICES) (014-2016)

40. Hold a public hearing at approximately regarding a proposed oil and gas permit
to Diamondback E&P LLC (Operator), for a Permit to Drill an Oil & Gas Well
within the City Limits, (Butte Unit 804WA) located 306 feet from the south line
and 2,498 feet from the east line located in Section 8, Block 39, T-1-S, T&P RR
Co. Survey, City of Midland and County of Midland, Texas (Generally located 405 feet north of Green Tree Blvd. extension and 2,498 feet west of North Midkiff
Road.) This is a public hearing only. No further action will be taken.
(DEVELOPMENT SERVICES) (015-2016)

41. Hold a public hearing at approximately regarding a proposed oil and gas permit
to Diamondback E&P LLC (Operator), for a Permit to Drill an Oil & Gas Well
within the City Limits, (Butte Unit 804WB) located 306 feet from the south line
and 2,558 feet from the east line located in Section 8, Block 39, T-1-S, T&P RR
Co. Survey, City of Midland and County of Midland, Texas (Generally located
405 feet north of Green Tree Blvd. extension and 2,558 feet west of North Midkiff
Road.) This is a public hearing only. No further action will be taken.
(DEVELOPMENT SERVICES) (016-2016)

42. Hold a public hearing and consider an ordinance 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)

43. Hold a public hearing and consider a request by Lamar Advertising on appeal for
a Specific Use Permit with Term for a Billboard, on the north 100-feet of the
south 400-feet of the west half of Block 2, and the south 75-feet of the north 465-
feet of the west half of Block 2, Brookshire Village, First Section, City and County
of Midland, Texas (Generally located on the east side of North Big Spring
Street, approximately 225-feet north of West Wadley Avenue.) This is a public
hearing only. No further action will be taken. (DEVELOPMENT SERVICES)
(017-2016)

44. 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 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)

45. Hold a public hearing and consider an ordinance 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)

Miscellaneous

46. Consider an ordinance 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 one-quarter (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)

47. Consider a motion making appointments to various Boards and Commissions.

Executive Session

48. 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.