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Home My WebLink AboutMinutes - City Council - Regular - 5/24/1990Page 374 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 24, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 24th day of May, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman M. J. Aderton, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr. and Deputy City Secretary Beatrice Cervantes. Absent: City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. ( 1.) The Invocation was given by Robert Massengale, Assistant City Manager/Financial Services. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve the Minutes of the May 10, 1990 Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Recognition of L.I.S.D. Students for Outstanding Accomplishments in Odyssey of the Mind Program and Future Problem Solving Program. 90-49A-374-264 ( 5.) Chuck Kershner will appear to request a Loudspeaker Permit in conjunction with a high school graduation party scheduled for May 25, 1990. Chuck Kershner appeared to request a Loudspeaker Permit in conjunction with a high school graduation party and dance scheduled for May 25, 1990 from 7:30 p.m. until 11:00 p.m. at the Bar K Ranch, 98th and Detroit. Due to this event being scheduled in the late evening hours and within a residential neighborhood, Council approval was necessary. According to Staff memo, Mr. Kershner has obtained the required signatures. Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve issuance of a Loudspeaker Permit to Chuck Kershner in conjunction with a high school graduation party for May 25, 1990. Motion carried: 7 Yeas; 0 Nays. May 24, 1990 Page 375 90-49A-375-265 ( 6.) Chuck Kershner will appear to request a Loudspeaker Permit for June 1, 1990 on behalf of Summitt Baptist Church. Chuck Kershner appeared to request a Loudspeaker Permit on behalf of Summit Baptist Church scheduled for June 1, 1990 from 7:00 p.m. until 10:30 p.m. at the Bar K Ranch, 98th and Detroit. There will be a church supper with music by a local band. Due to the event being scheduled for the late evening hours and within a residential neighborhood, Council approval is necessary. According to Staff memo, Mr. Kershner obtained the required signatures. Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve issuance of a Loudspeaker Permit to Chuck Kershner on behalf of Summitt Baptist Church for June 1, 1990. Motion carried: 7 Yeas; 0 Nays. 90-49A-375-266 ( 7.) Carl Gundlach will appear to request amendment to Electrical Ordinance licensing requirements. 90-49A-375-267 (7a.) Kirk Price, representing National Electrical Contractors Association (and others), will appear to speak to Electrical Ordinance licensing requirements. Motion was made by Councilman Phillips, seconded by Councilman Patterson to hold action on Item #'s 7 and 7A until the June 28, 1990 City Council Meeting. Motion carried: 7 Yeas; 0 Nays. 90-49A-375-268 ( 8.) ORDINANCE #9358--Abandoning and closing a portion of a 15' alley located in Block 1, Ridgelawn Addition. ORDINANCE #9358 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 1, RIDGELAWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PRO- VIDING FOR PUBLICATION. This Ordinance was read for the first time on May 10, 1990. This closure is located just south of 21st and east of Knoxville Avenue and is being requested by Methodist Hospital for building expansion. The area being closed is 6,015 square feet and is valued at $7 per square foot for a total due the City of $42,105. To offset this amount Methodist will, in the platting process, dedicate property including a 5' X 605' dedication of 21st Street, a Garbage Service and Utility Easement, and 3 street corner radius dedications valued at $34,684 for a difference due the City of $7,421. The final plat is nearing completion and all utilities have been notified; however, most utility relocations have not taken place nor has payment been made to them for their relocation costs. Also, a cut-off corner needs to be granted for an increased turning radius for garbage service. The Right -Of -Way Department recommended this May 24, 1990 Page 376 closure with assurance from Methodist Hospital that they will appropriately address the utility questions. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9358 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-376-269 ( 9.) ORDINANCE #9359--Abandoning and closing a 20' Utility Easement located on Tract "A" Fillmore Addition. ORDINANCE #9359 AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT UNDERGROUND UTILITY EASEMENT LOCATED ON TRACT "A," FILLMORE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance was read for the first time on May 10, 1990. The Utility Easement being closed for Methodist Hospital is located just east of Louisville Avenue and south of 21st Street. Several utilities are in this Easement and will be relocated in the existing dedicated north -south alley at Methodist's expense. This north - south alley and the Easement area being closed were dedicated by plat to the City in 1973. Most of the utilities remained in this Easement area because of high relocation costs. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9359 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-376-270 (10.) ORDINANCE #9325--Abandoning and closing portion of 86th Street in Section 26, Block E-2. ORDINANCE #9325 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 86TH STREET AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance, first read on January 25, 1990, abandons and closes 2 small portions of 86th Street directly west of Dover Avenue in the newly platted Preston Smith Addition (adjacent to the Chaparral Addition). There are no problems with utilities, and the final plat is ready to be filed. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9325 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 24, 1990 Page 377 90-49A-377-271 (12.) Consider Resolution #3373 authorizing the Mayor to sign the Cover Sheet of the State Department of Highways and Public Transportation Plans for additional main lanes on South Loop 289 from Slide Road to University Avenue (Federal Aid Project F-1107). RESOLUTION #3373 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet of the plans prepared by the Texas State Department of Highways and Public Transportation for Federal Aid Project F1107, which is for additional main lanes on Loop 289 (South) from West of Slide Road (FM 1730) to East of University Avenue in the City of Lubbock, Lubbock County, Texas. Passed by the City Council this 24th day of May, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer COVER SHEET FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This proposed State project will add a third moving traffic lane in each direction by filling in the present grassed median and adding a concrete traffic barrier along the centerline on South Loop 289 from Slide Road to University Avenue. The bridge structures will be widened to accommodate the additional lanes. The State has indicated that this project is to be done simultaneously with the reconstruction of the frontage roads along Loop 289 from Slide Road to University Avenue, including the on and off ramps (approved in the May 26, 1988 Council Meeting). The ramps in the mile between Slide Road and Quaker Avenue will be reversed. The previously approved project also provided for the widening of Slide Road under Loop 289 by one lane in each direction and the reconstruction of the paving at the intersections of Slide Road, Quaker, Indiana and University Avenues. Some storm sewer work and drainage structure modifications for safety was proposed. The State indicated that this will be handled as one project even though there are two sets of plans. This project will tie to the rebuilding of Loop 289 now in process with I-27 which is just east of University Avenue. The estimated construction cost is $14,967,000, and the work will be complete in approximately two years. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3373 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 24, 1990 Page 378 (13.) Consider Resolution #3374 authorizing the Mayor to execute a Street Use License to Methodist Hospital for two overhead pedestrian walkways and two underground tunnels. RESOLUTION #3374 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License between the City of Lubbock and Methodist Hospital, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of May, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Ed Bucy /s/ Harold Willard Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 24th day of May, 1990, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and METHODIST HOSPITAL, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK, TEXAS, does hereby grant to the LICENSEE, its successors and assigns, the right, privilege and license to use portions of dedicated streets for pedestrian and utilities tunnels, to -wit: TRACT 1 A 12' x 50' tract located within the following described property: A portion of Joliet Avenue adjacent to Lot 9, Block 1, Westlawn Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Southwest corner of Lot 9, Block 1, Westlawn Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 50.00 feet; THENCE North a distance of 141.25 feet; THENCE East a distance of 50.00 feet; May 24, 1990 Page 379 THENCE South a distance of 141.25 feet to the POINT OF BEGINNING. TRACT 2 A 12' x 50' tract located within the following described property: A portion of Louisville Avenue adjacent to Lot 1, Block 2, Murphy Place, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast corner of Lot 1, Block 2, Murphy Place, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 50.00 feet; THENCE South a distance of 133.75 feet; THENCE West a distance of 50.00 feet; THENCE North a distance of 133.75 feet to the POINT OF BEGINNING. TRACT 3 A 12' x 59.4' tract located within the following described property: A portion of 21st Street adjacent to Lots 6, 7 and 8, Block 1, Ridgelawn Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Lot 8, Block 1, Ridgelawn Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 54.4 feet; THENCE East a distance of 265.00 feet; THENCE South a distance of 54.4 feet; THENCE West a distance of 265.00 feet to the POINT OF BEGINNING. TRACT 4 A 12' x 60' tract located within the following described property: A portion of 21st Street adjacent to Tract "A", Fillmore Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast corner of Tract "A", Fillmore Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 275.00 feet to a point of curvature; THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet and a chord distance of 21.21 feet; THENCE North a distance of 90.00 feet; THENCE Southeasterly around a curve to the left, said curve having a radius of 15.00 feet, a central angel of 900, tangent lengths of 15.00 feet and a chord distance of 21.21 feet; May 24, 1990 Page 380 THENCE East a distance of 275.00 feet; THENCE South a distance of 60.00 feet to the POINT OF BEGINNING. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at Methodist Hospital, 3615 19th Street, Lubbock, Texas 79410, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of SIX THOUSAND TWO HUNDRED EIGHTY-ONE AND 10/100 ($6,281.10) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the construction or use permitted herein interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, the LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred'except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the use permitted herein. The CITY OF LUBBOCK, at its option, may require an May 24, 1990 Page 381 agreement with any contractors hired by LICENSEE to perform the construction permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public ways it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary AGREED TO AND ACCEPTED this day of APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 1990. LICENSEE: METHODIST HOSPITAL BY: May 24, 1990 Page 382 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of May, 1990. /s/ Olivia R. Solis Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said METHODIST HOSPITAL. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 1990. Notary Public, Lubbock County, Texas These four right-of-way encroachments are for the use of 4 street areas immediately west, south, and east of Methodist Hospital due to building expansion plans. The 4 areas of encroachment are as follows: Tract 1: A 12' X 50' underground pedestrian tunnel to be located under Joliet Avenue, just north of 20th Street. Valuation of this encroachment - 12' X 50' = 600 square feet; $7.00 (tax office land value) X 600 square feet = $4,200; $4,200 X 60% X 10% _ $252 per year charge. Tract 2: A 12' X 50' underground utilities tunnel under Louisville Avenue, just south of 20th Street. Valuation of this encroachment - 12' X 50' = 600 square feet; $7.00 X 600 square feet = $4,200; $4,200 X 60% X 10% _ $252 per year charge. Tract 3: A 12' X 59.4' aerial pedestrian walkway to be located over 21st Street, just east of Knoxville Avenue. Valuation of this encroachment - 12' X 59.4' = 712.8 square feet; 712.8 square feet X $7.00 = $4,989.60; $4,989.60 X 75% X 10% _ $374.22 per year charge. Tract 4: a 12' X 60' aerial pedestrian walkway to be located over 21st Street, just east of Louisville Avenue. Valuation of this encroachment - 12' X 60' = 720 square feet; 720 square feet X $7.00 = $5,040; $5,040 X 75% X 10% _ $378 per year charge. May 24, 1990 Page 383 These encroachments are 12' wide. Until the final building plans are approved, their exact locations in their respective licensed areas could vary slightly; therefore, instead of giving an exact legal description, the license states: "Tract to be located within the following described property". Total yearly charge for the 20-year Street Use License will be $1,256.22, payable every 5 years at $6,281.10. The $150 application fee has been paid, and utility relocation fees will be paid by Methodist Hospital. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3374 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-383-273 (14.) Consider Ordinance #9360 abandoning and closing a ORDINANCE #9360 AN ORDINANCE ABANDONING AND CLOSING A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN BLOCK 11, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance closes 8.119 acres of a Stormwater Storage and Drainage Easement located in the King's Gate North area which is north of 82nd Street and just east of Quaker Avenue. The Easement was dedicated by separate instrument in the Lubbock County Deed Records Volume 3209, pages 1-3, on October 31, 1989. A new Easement is being dedicated by plat to replace this Easement being closed. The proponent of this closure is Graco, Inc., the original dedicator of this Easement. The $150 application fee has been paid, and the plat has been submitted. The Right -Of -Way Department recommended this closure. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Patterson to pass on first reading Ordinance #9360 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-383-274 (15.) Consider Resolution #3375 authorizing the Right -Of -Way RESOLUTION #3375 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of Detroit Avenue, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: May 24, 1990 Page 384 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: METES AND BOUNDS DESCRIPTION of a 0.088 acre tract of land, being a portion of Lot "A", Tech Village Addition to the City -" of Lubbock, Lubbock County, Texas, same being proposed additional right-of-way for Detroit Avenue, being further described as follows: BEGINNING at a concrete nail with shiner set in the East line of Lot "A", Tech Village Addition and the West right-of-way line of Detroit Avenue, said nail bears N. 02220'22" E. 123.80 feet from a "cross" on concrete found at the point of tangent intersection of 15 foot radius curve at the original Southeast corner of Lot "A", Tech Village Addition to the City of Lubbock, Lubbock County, Texas, same being the original Southeast corner of Block 11, Maddox Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 00216'50" E. a distance of 300.18 feet to a concrete nail with shiner set; THENCE N. 02208'40" E. a distance of 185.05 feet to a concrete nail with shiner set at a point of curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 89248'18", tangent lengths of 14.95 feet and a chord distance of 21.18 feet to a concrete nail with shiner set in the original North line of Lot "A", Tech Village Addition and the South right-of- way line of 2nd Place; THENCE S. 87239'38" E. along the original North line of said tract "A" and said South right-of-way line a distance of 11.46 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 902, tangent lengths of 15.00 feet and a chord distance of 21.21 feet to a point in the original East line of said Lot "A" and the original West right-of-way line of Detroit Avenue; THENCE S. 02220'22" W. along the original East line of said Lot "A" and the original West right-of-way line of Detroit Avenue a distance of 485.00 feet to the POINT OF BEGINNING. CONTAINS: 3,842.2 square feet. SECTION 2. THAT the owner of said tract, Tech, University and Varsity Village Apartments, a General Partnership, composed of H. G. Killgore, Billie C. Kenney, Michael C. Grinnell, and First Gibraltar Bank, FSB, BE Offered through the Right -of -Way Department of the City of Lubbock the amount of $38,145.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. May 24, 1990 Page 385 Passed by the City Council this 24th day of May, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Ed Buc /s/ Harold Willard Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City Attorney This Resolution replaces Resolution #3067 approved at the April 13, 1989 Council meeting. This property has been in a complicated lawsuit involving the owners and successive lienholders with F.D.I.C. There have been several delays in reaching an agreement, and rather than wait any longer, the City Attorney's Office will initiate condemnation proceedings as soon as F.D.I.C. is notified. Since the original approval of the Resolution, Tech Village, Inc. has become Tech, University, and Varsity Apartments. Additionally, Staff is making this offer with the lienholder, First Gibraltar Bank, FSB, included since they must agree to any offer the City makes with the apartments. In February, 1990, Jimmy Goddard, MAI, the Appraiser of the parcel, updated his appraisal to include the changes. The original offer to the landowners was $36,645, and the new offer in this Resolution is $38,145. The offer is for a 3,842.20 square foot tract of land along the west side of the 200 block of Detroit Avenue broken down into 2 parts: $8,645 for the fee simple taking, and $29,500 for the damages for a total offer of $38,145. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #3375 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-385-275 (16.) Consider Resolution #3376 authorizing the Mayor to execute a Contract with Wilbur Smith Associates to conduct an analysis of parking in the Central Business District. RESOLUTION #3376 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Wilbur Smith Associates, concerning a parking analysis to be made of the Lubbock Central Business District, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. May 24, 1990 Page 386 Passed by the City Council this 24th day of May, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ David E. Wooslev David E. Woosley, City Traffic Engineer AGREEMENT FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney On April 26, 1990, the City Council authorized Staff to negotiate a Contract with Wilbur Smith Associates for an analysis of parking in the Central Business District. The Federal Highway Administration and the State Department of Highways and Public Transportation has approved the Contract in the amount of $48,000. This project is funded 100% by Planning 112 funds distributed through the Metropolitan Planning Organization, and all work will be completed by September 30, 1990. Staff anticipates that work will begin approximately June 1. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3376 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-386-276 (20.) BID #10686--Pipe, Clamps and Couplings (Central Warehouse). Big Country Water Works Supply--4 ea. 12x1 Repair Service Saddle; 25 ea. 2-1/2"x3" Redi-Clamp. Rohan Co.--6 ea. 4"90D Cl Bend. A&P Water and Sewer Supplies--25 ea. 3" Dresser Coupling; 10 ea. 8x10 Repair Clamp; 2 ea. 10" AC Dresser Coupling; 2 ea. 14"x 20" Repair Clamp; 5 ea. 8" Dresser Coupling; 2 ea. 18" Circle Clamp SS; 2 ea. 6x4 Tapping Cross; 2 ea. 14x6 MJ Tapping Sleeve for Cl Pipe. Morrison Supply Co.--25 ea. 4x3/4" Service Clamp Bronze; 8 ea. 6x4 MJ Tapping Sleeve; 60 ea. 2" Corporation Stop. Oberkampf of Lubbock--300 ea. Plastic Meter Boxes; 40 ea. 4" 90D SDR 35 Long Radius Elbow Clowe & Cowan--800 ft. 3/4" Plastic Pipe; 3,840 ft. 6" PVC SDR 35 Sewer Pipe; 3,000 ft. 4" C-900 PVC Pipe; 600 ea. 3/4 Meter Coupling; 240 ea. 40/4" Service Clamp Iron; 300 ea. 4xl Service Clamp. Fields & Co.--3,000 ft. 6" C-900 PVC Pipe. Moore Supply Co.--24 ea. 4" Cl to 4" Cl Adapter; 175 ea. 2-Piece Valve Box. Nelson & Sharp Supply Co.--2 ea. 16xl Service Saddle. May 24, 1990 Page 387 Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-387-277 (21.) BID #10661--Garage Repair and Renovation (Building Services), and authorize same. RESOLUTION #3377 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Daniel Ortega Construction Company, Inc., for garage fire repair and renovation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of May, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager ,�Z�li11.7.'[ql STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 24th day of May, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Daniel Ortega Construction Co., Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10661 - GARAGE FIRE REPAIR AND RENOVATION FOR THE AMOUNT OF $114,100.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. May 24, 1990 Page 388 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City DANIEL ORTEGA CONSTRUCTION CO., INC. CONTRACTOR By: /s/ TITLE: President 1.1110.1a s Secretary Daniel Ortega Construction Company, Inc. 5147 69th, Suite D-2 Lubbock, Texas 79424 Daniel Ortega Construction Co. --Garage Repair & Renovation. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3377 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-388-278 (22.) BID #10400--Electric Meters Annual Pricing (Electric Distribution). Temple, Inc.--120V-2W-1PH; 240V-2W-1PH; 240V-3W-1PH; 120V-3W-3PH; 240V-3W-3PH; 480V-3W-3PH; 120V-4WY-3PH; 240V4WY-3PH; 240V-4WY-3PH. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-388-279 (23.) BID #10668--Bottled Water and Water Treatment Systems, and authorize same (Water Treatment). RESOLUTION #3378 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Hygeia Water Company for bottled water services, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. May 24, 1990 Page 389 Passed by the City Council this 24th day of May, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary b1a7:I1P/917:1;-V1IIKIIik191kIF s Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney I:l � i i:�:��i1��1�1:1'��J�� '��I�1�1►[� ��I��7I�� 'L�I;��1:1:IiI�I;� THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Culligan Water Conditioning for water treatment systems and chemical analysis, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of May, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 24th day of May, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Hygeia Water Company (Sparklett's Drinking Water Division) of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10668 - BOTTLED WATER SERVICE FOR THE AMOUNT OF $432.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. May 24, 1990 Page 390 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Hygeia Water Co. 405 Avenue U Lubbock, Texas 79401 STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City HYGEIA WATER COMPANY CONTRACTOR By: /s/ TITLE: President ATTEST: s Secretary CONTRACT THIS AGREEMENT, made and entered into this 24th day of May, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Culligan Water Conditioning of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10668 - WATER TREATNEBT SYSTEMS FOR THE AMOUNT OF $1,175.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. May 24, 1990 Page 391 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Culligan Water Conditioning 5280 34th Street Lubbock, Texas 79407 /sf B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City CULLIGAN WATER CONDITIONING CONTRACTOR By: /s/ TITLE: President ATTEST: s Secretary Hygeia Water Co. --Bottled Water Service. Culligan Water Conditioning --Water Treatment System. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3378 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-391-280 (24.) BID #10695--Paint-Up Supplies (Community Development). Sherwin Williams Paint Co.--600 ea. Wire Brush; 600 ea. Paint Brush Set; 600 G1 Exterior Primer; 3,600 G1 Exterior Paint. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. May 24, 1990 Page 392 90-49A-392-281 (25.) BID #10662--Terminal Storage Reservoir (Water Utilities), and authorize same. RESOLUTION #3379 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Central Plains Construction Company for the Terminal Storage Reservoir for Water Utilities, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of May, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Ls/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 24th day of May, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Central Plains Contracting Company of the City of Overland Park, County of Johnson, and the State of Kansas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10662 - TERMINAL STORAGE RESERVOIR FOR THE AMOUNT OF $4,486,124.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. May 24, 1990 Page 393 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities Central Plains Contracting Company 6811 West 63rd Street, Suite 312 Overland Park, KS 66202 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CENTRAL PLAINS CONTRACTING COMPANY CONTRACTOR By: /s/ J. R. Jepson TITLE: Vice -President ATTEST: /s/ J. S. Henry Corporate Secretary Central Plains Contracting Co. --Construction of Terminal Storage Reservoir. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3379 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-393-282 (26.) BID #10684--Electrical Wire (Central Warehouse). Nunn Electric Supply Corp.--18,000 Ft. 12-2UF Copper Conductor Cable; 10,000 Ft. 12-2 OF Copper Conductor Cable, In Duct. Temple, Inc.--800 lb #6 Bare Medium Hard Drawn Copper Wire; 250 lb #4 Bare Medium Hard Drawn Copper Wire; 20,000 Ft. 15 KV Cable Out of Pipe. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-393-283 (27.) BID #10702--Liquid Nitrogen (Land Application Site). Acuff Farm Supply--140 Tn Liquid Nitrogen 32%. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. May 24, 1990 Page 394 90-49A-394-284 (28.) 90-49A-394-285 (11.) BID #10638--Transformer Test Console (Electric Distribution). Phenix Technologies--1 ea. Three Phase Distribution Transformer Test Console. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9361--Zone Case #2646 (bounded by 15th, 16th, Leftwich Addition. ORDINANCE #9361 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2646; A ZONING CHANGE FROM A-1 TO AM ZONING ON LOTS 1-24, BLOCK 4, C. C. LEFTWICH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Roy Middleton appeared on behalf of John Knox Village to request this zone change from A-1 to AM. This entire block of duplex buildings will be acquired and cleared for expansion of their facilities. Lyle Way, Executive Director of John Knox Village, spoke in favor of this request. No one appeared in opposition. Mayor McMinn closed the hearing at 10:32 a.m. David Jones, Director of Planning, gave the adjacent land use relationships as follow: North - Texas Tech South - A-1 developed as residential East - existing John Knox West - A-1 According to Staff comments, the area is shown as high density residential on the Comprehensive Land Use Plan. AM is compatible with that policy, and the existing campus of John Knox Village is zoned as AM Specific Use. The impact when the conversion to elderly housing from the Matador dormitory took place has been positive, and it is Staff's opinion that this expansion will also have a positive impact. As the University and Highway Department continue work on the East-West Freeway, the frontage roads will provide better access to John Knox Village and reduce the affect of traffic generated within the adjacent neighborhood. A Preliminary Site Plan and Elevation were presented during the P&Z meeting, and after some discussion, the Planning and Zoning Commission elected to leave some flexibility for change while following the intent of the Site Plan and elevation by recommending the following condition: May 24, 1990 Page 395 1. Tied to the development areas indicated on the Site Plan, including the future proposed building areas, and the general style indicated by the elevation. The project shall meet AM development standards. Staff recommended upholding P&Z. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9361 with Condition #1 recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. (17.) Hold an Executive Session to discuss land acquisition (Water Utilities and Solid Waste Utilities). (29.) Hold an Executive Session on personnel matters to discuss appointments to: Human Relations Commission Municipal Garden and Arts Center Advisory Committee 90-49A-395-286 (18.) Hold an Executive Session to discuss personnel matters regarding evaluation of the City Manager (Article 6252- 17(g) VTCS). (19.) Consider taking appropriate action concerning the subject matter of the Executive Session in Item (18) above. Mayor McMinn made the following statement: "The Council has had a very deep and lengthy discussion. We realize there are serious problems within City Hall. These concerns have been expressed to Mr. Cunningham, and it is the consensus of the Council to give Larry Cunningham an opportunity to correct these problems, and it is the intent of Council to help Larry accomplish these goals." 90-49A-395-287 (30.) Consider four appointments to the Human Relations Commission. The terms of Dale Bradley, Fulton Berry, Archie Hall, and Octavia Givens will expire on May 25, 1990. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Dale Bradley, Fulton Berry, Archie Hall, and Octavia Givens to the Human Relations Commission. Motion carried: 7 Yeas; 0 Nays. 90-49A-395-288 (31.) Consider nine appointments to the Municipal Garden and Arts Center Advisory Committee. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Louise Cummins, Vivian Cooke, Amy Rodriguez, Danny McLarty, Nan O'Connor, Alice Gomez, Roxie Eppler, Eric Strong, and Eileen Gibbs to the Municipal Garden and Arts Center Advisory Committee. Motion carried: 7 Yeas; 0 Nays. May 24, 1990 Page 396 There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 1:31 p.m. Motion carried: 7 Yeas; 0 Nays. A�E- C. B. C. 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