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Home My WebLink AboutMinutes - City Council - Regular - 7/28/1994JULY 28, 1994 Page 432 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 28, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of July 1994 in the City Council Chambers, first floor, City Hall, 1625 13th �. Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Absent: Councilmember Victor Hernandez. Mayor Langston called the meeting to order at 10:12 A.M. ( 1.) The Invocation was given by Bob Cass, City Manager. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Board Appointments. No board certificates were presented. (4.) Dan Griffis. President of Civic Lubbock. Inc., appeared to present the 1994 95 Civic Lubbock, Inc.. Budget The Agreement between the City of Lubbock and Civic Lubbock, Inc., provides that Civic Lubbock, Inc., prepare and present to the City Council a budget for the upcoming year. This budget is presented for information, input and direction from the City Council. The 1994-95 Civic Lubbock, Inc. budget shows combined revenues of $1,075,960 and direct expenses of $693,207. General operating expenses are estimated at $64,405 for a total expense of $757,612. Direct expenses are expenditures required to produce gross revenues from concessions and ticket sales, while general operating expenses reflect the administrative expenses required for all Civic Lubbock, Inc., operations. The combined revenues reflect an estimated 8.7 percent increase over the 1993-94 Revised Budget. It is anticipated that there will be increases at all four operations, with the most significant increases taking place at Select -a -Seat. The increases at Select -a -Seat are attributed to the Civic Center's marketing campaign directed toward high volume events. Direct expenses reflect a $1,682 or 0.2 percent decrease and administrative operating expenses are anticipated to decrease 3.2 percent as compared to the current revised budget. These decreases are due to a continuation of a streamlining of concession labor and a reduction of staff at both the Select -a -Seat and accounting operations that began during the 1993-94 fiscal year. The amount estimated to be paid to the City is $150,820, representing a 4 percent increase over the revised budget. An additional amount of $6,311 will be paid to the Parks and Recreation Department. These figures represent commissions from the Civic Center, Auditorium -Coliseum and Meadowbrook Golf course concession operations. This budget also includes $5,700 in capital expenditures. JULY 28, 1994 Page 433 The Booking budget provides for $85,795 in specific allocations for 23 events and an additional $5,000 in Booking Reserves for a total of $90,795. This amount includes allocations for the Miss Lubbock Pageant and Ballet Folklorico that were not previously funded. Allocation for Art and Beautification totals $8,375, with an additional $5,000 Reserve for a total of $13,375. Civic Lubbock, Inc., fulfills its chartered purpose by returning all profits to the community through the sponsorships or co -sponsorships of educational and cultural programs, attractions and entertainment events. During the past three years, the Booking budget has expended over $416,600 for the general moral, intellectual and physical improvement and welfare of the people of the City of Lubbock and the surrounding area. (5.) Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the minutes of the July 14, 1994, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. (6.) ORDINANCE #9718--Abandoning and closing a portion of 66th Street located in Section 36, Block A-K (5810 66th ). ORDINANCE #9718 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH STREET LOCATED IN SECTION 36, BLOCK A-K, LUBBOCK, 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9718 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (7.) Consider Ordinance #9719 abandoning and closin a ortion of 98th Street in Section 14, Block E-2 (4302 98th). ORDINANCE #9719 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 98TH STREET LOCATED IN SECTION 14, BLOCK E-2, LUBBOCK, 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 abandons and closes a 123.6 sq. ft. portion of 98th Street which was acquired by dedication deed from H.A. Sessions in 1984 for the 98th Street and Quaker Avenue Widening Project. This area is being closed for replatting purposes, and all utilities are in agreement. The majority of the street area being closed will revert to an alley. This portion of 98th Street will no longer be needed for street purposes since the new right-of-way for 98th Street will be south of this area. The Right -of -Way Department recommended the first reading of this ordinance. JULY 28, 1994 Page 434 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9719 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (8.) Consider Resolution #4552 authorizing the Mayor to execute a tax abatement aareement,with Cactus Theater, Inc. (located at 1814 Avenue H). RESOLUTION #4552 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 Tax Abatement Agreement by and between the City of Lubbock and Cactus Theater, Inc., for certain property within the North Enterprise Zone to receive commercial -industrial tax abatement, which Agreement is attached hereto and made a part hereof for all purposes. Passed by the City Council this 28th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney An Agreement between the City of Lubbock and the Cactus Theater, Inc. is filed with Resolution No. 4552. Don Caldwell, DBA Cactus Theater, Inc., applied for Commercial Tax Abatement in the North Enterprise Zone. Mr. Caldwell plans to renovate an existing historic building in the Depot District, located at 1812 Avenue H, into a performing arts and entertainment venue. The building has been used as a warehouse for the past 30 years. The total estimated project cost for the theater at 1812 Avenue H is estimated to be $250,000. The Cactus Theater is projecting that they will do four shows per week and will create two full-time and four part-time jobs. The Cactus Theater project will benefit the Depot District and will create employment opportunities in the North Enterprise Zone, as well as enhance the tax base. On July 14, 1994, Council adopted a resolution giving Notice of Intent to enter into a tax abatement agreement with Cactus Theater. Staff recommended favorable consideration by Council and approval of the contract for two-year tax abatement. JULY 28, 1994 Page 435 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4552 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (9.) Consider a resolution authorizing the Mayor to sign for and on behalf of the City of Lubbock a contract and all related documents by and between the City of Lubbock and Crawford and Company for a Claims Servicing Contract with the City of Lubbock. This item was deleted from the agenda. (10.) Consider Resolution #4553 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement with the Boys' and Girls' Clubs of Lubbock and sign all related documents. RESOLUTION #4553 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 and Agreement with the Boys' and Girls' Clubs of Lubbock to provide up to $54,875.00 from Community Development Block Grant (CDBG) funds to be used in the renovation of the Boys' & Girls' Club center at 3301 Cornell. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth therein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of July, 1994. /s/ David R. Laniaston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sylvia A. Martinez -Flores Sylvia A. Martinez -Flores, Manager, Community Development/Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A Community Development Funding Agreement between the City of Lubboc ', 'Ind the Boys' & Girls' Clubs of Lubbock is filed with Resolution No. 4553. On February 24, 1994, the City Council approved $25,000 from the annual CDBG entitlement for the Boys' & Girls' Clubs of Lubbock for renovations to the facility located at 3301 Cornell. Subsequently, the City Council supported an additional allocation to the Boys' & Girls' Clubs of Lubbock in the amount of $29,875 from program income for this same project. The Boys' & Girls' Clubs of Lubbock renovation project meets CDBG federal regulations by benefiting a low -to - moderate income area and meets the Council objectives of targeting CDBG money. JULY 28, 1994 Page 436 The staff recommended the signing of this document. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4553 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) Consider Resolution #4554 to ratify and approve assignment of Cattle Grazing Contract. RESOLUTION #4554 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached Assignment of Cattle Grazing Contract by and between SEEDCO CORPORATION and F. SLASH COMPANY which assigns that certain Cattle Grazing Contract executed by and between the CITY OF LUBBOCK and SEEDCO CORPORATION is hereby ratified and approved by the City Council of the CITY OF LUBBOCK. Passed by the City Council this 28th day of July, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ John Hindman John Hindman, Farm Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Assignment of Cattle Grazing Contract in which Seedco Corporation assigns a Cattle Grazing Contract to F. Slash Company is filed with Resolution No. 4554. Seedco Corporation, the current holder of the cattle grazing contract at the Land Application Site has chosen to opt out of its contract. Seedco Corporation terminated the contract on July 23, 1994. F. Slash Company, a cattle operation, has agreed to be the assignee of this lease which provides for payment of $14.20 per head per month. The farm manager estimates a loss of $40,000 in revenue if this contract is not assigned. The current contract provides for assignment, subject to approval by the City of Lubbock. The assignee would be bound by provisions of the original contract, including the term of the contract, which runs to May 1996. The assignee is a reputable company with whom the Land Application Site has done business in the past. In view of the depressed cattle market and the potential loss of revenue if this contract is not assigned, the staff recommends approval of this item. JULY 28, 1994 Page 437 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4554 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) Bid #12881 - Janitorial Dispensing System Chemicals - Two Year Pricing (Central Warehouse). Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) BID #12992--Underground Electrical Distribution Items (Warehouse). Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (16.) Consider Resolution #4555 authorizing the Mayor to execute an agreement with Texas Tech University to conduct an "Investigation of Local Aggregate Versus Non -Local Aggregate" for concrete pavement. RESOLUTION #4555 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 and all related documents by and between the City of Lubbock and Texas Tech University of Lubbock for its assistance and expertise to direct and conduct an "Investigation of Local Aggregate Versus Non -Local Aggregate" to determine the feasibility of local Aggregate in the City of Lubbock concrete street paving, which agreement is attached hereto, 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 28th day of July, 1994. /s/ David R. Lan s� ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First A Professional Services Agreement for Investigation of Portland Cement Concrete Coarse Aggregate Performance is filed with Resolution No. 4555. Larry Hertel, City Engineer, presented staff comments. The Department of Engineering Technology at Texas Tech was approached about performing an investigation of the local aggregate versus non -local aggregate for concrete pavement. The purpose of the analysis is to determine if the City's current specifications for high strength concrete pavement on thoroughfares can be changed. Current specifications require 95 percent crushed faces for the coarse JULY 28, 1994 Page 438 aggregate in thoroughfare concrete pavement. Local aggregates cannot meet this crushed face requirement. Most aggregates used for this concrete are shipped in by rail from Brownwood or New Mexico. The result of this proposed analysis will indicate if there is a significant change in the strength and durability of high strength concrete pavement if the specifications are changed to allow the local aggregates. If it is determined that the specifications can be changed, without significant reduction in quality, the benefit to the City should be a reduction in cost of up to $8.00 per cubic yard for concrete on thoroughfares. The current price of concrete is about $55 per cubic yard. Four different sources of aggregate will be analyzed. Two non -local aggregates which currently meet specifications and two local West Texas aggregates that cannot meet the crushed face requirement. The agreement directs the City to pay $9,000 to Texas Tech for their work on this project. The $9,000 for this project was included in the 93-94 revised budget. The project will be completed by January 15, 1995. Staff recommended approval of this resolution and agreement with Texas Tech. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4555 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Resolution #4556 authorizing the Major to execute a contract with the Bicycle Federation of America to conduct a Comprehensive Bicvcle Study. RESOLUTION 44556 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 Bicycle Federation of America, 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 28th day of July, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A Contract for Professional Services between the City of Lubbock and the Bicycle Federation of America is filed with Resolution No. 4556. JULY 28, 1994 Page 439 Larry Hertel, City Engineer, presented staff comments. On October 14, 1993, the Chaparral Bicycle Club and City Staff made a presentation to the Lubbock City Council requesting that a Comprehensive Bicycle Study be conducted for the Lubbock Metropolitan Area. Council concurred with the recommendation and City staff proceeded with the necessary requirements to obtain federal planning funds for the completion of the Study. A Request for Proposal (RFP) was issued by the City of Lubbock Purchasing Department with the deadline for response set for March 8, 1994. The selection committee appointed by Bob Cass chose the Bicycle Federation of America, working with HDR Engineering, Inc., to do the study. The contract and proposed budget have been reviewed and approved by City staff, the Texas Department of Transportation and the Federal Highway Administration. The time period for the completion of the project shall not exceed eight (8) months. The maximum amount payable will not exceed $50,000. There are no City funds involved in this project. Staff recommended approval of this contract. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4556 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (18.) Consider Resolution #4557 authorizing the Mayor to execute an agreement with Texas Tech University to conduct a study for "Mensuration of Permanent Water Bodies in Lubbock's Playa Basins and Characterization of Basin Sediments." RESOLUTION #4557 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 and all related documents by and between the City of Lubbock and Texas Tech University, Environmental Science Laboratory, for a proposal for mensuration of permanent waterbodies in Lubbock's playa basins and characterization of basin sediments, which contract is attached hereto, 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 28th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Blas Gomez Blas Gomez, Senior Civil Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Contract and Agreement between Texas Tech University and the City of Lubbock is filed with Resolution No. 4557. JULY 28, 1994 Page 440 Larry Hertel, City Engineer, presented staff comments. The City Council has authorized the staff to prepare a contract for the excavation of several playa lakes throughout the City. This excavation would result in additional holding capacity and increased safety in the lakes. Since these lakes have been identified as "waters of the United States," the staff has requested permission from the US Army Corps of Engineers (ACOE) to perform such excavation. The ACOE has indicated that they need contour maps and cross sections of the existing configuration of the lake bottoms before a final decision can be made. In addition to this, the staff needs information on the physical and chemical composition of the sediments deposited at the bottom of the lakes to decide on the disposal methods for these sediments. The staff approached the Environmental Science Laboratory (ESC) at TTU about performing both the survey and mapping of the underwater portion of the playa lakes and collecting and analyzing composite samples of the bottom of each of the playa lakes that are surveyed. The total cost to perform these services in eleven (11) playa lakes would be $12,061. Funding for this project would come from the Stormwater Utility Fund for the current fiscal year. The services provided for in this contract will be performed in about 4-1/2 months. Staff recommended approval of this resolution and agreement with Texas Tech. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4557 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) i RESOLUTION #4558 ' L PROJECT NO. 1993 PAVING PROGRAM A RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, CONSTRUCTING CURB AND GUTTER, AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING FOR THE OWNERS OF ABUTTING PROPERTY AND OTHER PERSONS INTERESTED IN SAID PROPERTY, AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID HEARING ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the City Council of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete alley pavement, and street pavement with caliche base and/or asphalt stabilized base and asphaltic concrete surface, together w:::: incidentals and appurtenances; and WHEREAS, the City Council of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: JULY 28, 1994 Page 441 SECTION 1. THAT such estimates be and are hereby adopted and approved. SECTION 2. THAT notice of a hearing be given to the owners of property abutting upon the hereinbelow mentioned portions of streets, highways, avenues and/or alleys, and to all others interested in said property. The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the City of Lubbock, Texas, be improved by raising, grading, filling and installing concrete curbs and gutters, reinforced concrete alley pavement, street pavement with caliche base and/or asphalt stabilized base and asphaltic concrete surface, where necessary on streets, highways, avenues and/or alleys, designated below. It is hereby found and determined that the cost of the improvements on such portions of said streets, highways, avenues and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof, on the portions of said streets, highways, avenues and/or alleys is as follows, to -wit: The following ten (10) foot wide alleys are known and designated as Unit Number A-461, Sub -Units 34, 35 and 36. The total estimated cost for the improvements is $36,996.75. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for the improvements is $12.17. The estimated cost of each Sub -Unit is as follows: Sub -Unit 34, the North -South alley between York Avenue and Wayne Avenue from 4th Street North to York Avenue; the estimated Sub -Unit cost is $10,178.70. Sub -Unit 35, the North -South alley between York Avenue and Zoar Avenue from 4th Street North to York Avenue; the estimated Sub -Unit cost is $17,006.24. Sub -Unit 36, The East-West alley between FM 1730 (Slide Road) and Zoar Avenue and between 75th Street and 76th Street; the estimated Sub -Unit cost is $9,811.81. The following thirty-six (36) foot wide street is known and designated as Unit Number 2035, Sub -Unit 96. The total estimated cost of the improvements is $25,119.05. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $6.89; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $13.12. The estimated cost of the Sub -Unit is as follows: Sub -Unit 96, 20th Street from Kewanee Avenue to Juneau Avenue; the estimated Sub -Unit cost is $25,119.05. The following sixty-four (64) foot riide street is known and designated as Unit Number 2035, Sub -Unit 94. The total estimated cost of the improvements is $1,494,060.00. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $6.89; the estimated amount per front foot to be assessed against the abutting property zoned R-1 and the owners thereof for improvements exclusive of curb and gutter is $33.92; the estimated amount per front foot to be assessed against the abutting property zoned other than R-1 and the owners thereof for improvements exclusive of curb and gutter is $57.24. The estimated cost of the Sub -Unit is as follows: JULY 28, 1994 Page 442 Sub -Unit 94, Frankford Avenue from 66th Street to 82nd Street; the estimated Sub -Unit cost is $1,494,060.00. The following eighty-six (86) foot wide street is known and designated as Unit Number 2035, Sub -Unit 95. The total estimated cost of the improvements is $3,260,703.29. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $6.89; the estimated amount per front foot to be assessed against the abutting property zoned R-1 and the owners thereof for improvements exclusive of curb and gutter is $33.92; the estimated amount per front foot to be assessed against the abutting property zoned other than R-1 and the owners thereof for improvements exclusive of curb and gutter is $57.24. The estimated cost of the Sub -Unit is as follows: Sub -Unit 95, 98th Street from Indiana Avenue to Slide Road; the estimated Sub - Unit cost is $3,260,703.29. An arrangement for the making and construction of such improvements with asphaltic concrete surface, and a compacted caliche base and/or asphalt stabilized base in streets, highways, avenues and/or alleys to be constructed with reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof, have been filed with the City, such rolls or statements showing other matters and things, and have been approved; and the City Council of said City has fixed a time and place for a hearing for the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and for all others interested in said property, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements to the units upon which the particular parcels of property abut, the amount of benefits to the respective parcels of property by means of the improvements to the units upon which the particular parcels of property abut, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined; and after such hearing, assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in the regular City Council Meeting Room in the Municipal Building, 1625 13th Street, in the City of Lubbock, Texas, on the 25th day of August, 1994, at o'clock. The rolls or statements showing the proposed amount of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection by any interested parties, and all of said matters and things all such owners of property, as well as any and all others in anywise affected or interested, will take due notice. 1994. By order of the City Council of the City of Lubbock, this the 28th day of July, No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. SECTION 3. THAT a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, for all persons owning or claiming any interest in property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section 2 of this Resolution, as well as all other persons in anywise affected or interested. Such hearing shall be given and held on the 25th day of August, 1994 at o'clock on the first floor in the Municipal Building, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions JULY 28, 1994 Page 443 of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature (Vernon's Ann.Civ.St. art. 1105b), and as subsequently amended. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States Mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such streets, highways, avenues and/or alleys, or portions thereof to be - improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock, and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City, at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this Resolution and said Acts as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, ON THIS THE 28TH DAY OF JULY, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel by R. Keith Smith Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Larry Hertel, City Engineer, presented staff comments. This is the fifth and final resolution in the paving assessment procedure. This resolution states the proposed assessment rates and gives the time and place for the public hearing. There are three streets and three alleys on this program. The streets include: 20th Street from Kewanee Avenue to Juneau Avenue, which was petitioned by a majority of the property owners. Frankford Avenue from 66th Street to 82nd Street. 98th Street from Indiana Avenue to Slide Road. All three of the alleys were petitioned by a majority of the property owners. At the August 25th public hearing, the Council will decide which units will be paved and establish assessment rates for these units that remain on the program. Staff recommended approval of this resolution and suggests the time of the public hearing be advertised for 4:00 p.m. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4558 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. JULY 28, 1994 Page 444 (14.) Zone Case No. 2127-C (7501 Ouaker Avenue) --Hold a public hearing to consider request of Henry Huneke (for Lubbock Development, Inc.) for a zoning change from GO and C-3 to C-3 Specific Use on a tract out of Section 11, Block E-2, and consider ordinance. ORDINANCE #9720 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2127-C; A ZONING CHANGE FROM GO AND C-3 TO GO ZONING ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:33 a.m Henry Huneke appeared on behalf of Lubbock Development, Inc. to present this request for zone change from GO and C-3 to C-3 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:36 a.m. Jim Bertram, Director of Strategic Planning, presented staff comments. The proponent requested a change to GO (Garden Office) from the C-3 application during the hearing. As such, the only area actually being rezoned is the east portion that remains C-3 from the previous mall zone change. The request is consistent with both Comprehensive Land Use and zoning policy. The recommendation from the Commission reflected in the proposed ordinance is GO (Garden Office) rather than the C-3 requested. Motion was made by Councilmember Ince, seconded by Councilmember Cooke to pass on first reading Ordinance #9720 as recommended by the P&Z and City staff. -- Motion carried: 6 Yeas; 0 Nays. (15.) Zone Case No. 2715-A (south of 80th Street and east of Frankford Avenue) -- Hold a public hearing to consider request of Benny Nixon, Trustee, for a zoning change from C-2 to R-1 Specific Use (for garden homes) on Tract D-2-A, Farrar Estates Addition, and consider ordinance ORDINANCE #9721 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2715-A; A ZONING CHANGE FROM C-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON TRACT D-2-A, FARRAR ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:38 a.m Benny Nixon appeared to present his request for zone change from C-2 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:39 a.m. Jim Bertram, Director of Strategic Planning, presented staff comments. The request will convert an existing commercial lot to residential for garden homes. Mr. Henson gave the adjacent land uses: North - single family South - commercial East - single family West - C-3, vacant JULY 28, 1994 Page 445 The proposal is consistent with zoning policy and should have little effect on traffic in the area. The staff supports the Planning and Zoning Commission recommendation. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9721 as recommended by the P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (20.) Consider Resolution #4559 authorizing the Mayor to sign an agreement between the Texas Department of Transportation and the City for maintenance of the traffic signals along I-27 and Loop 289. RESOLUTION #4559 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 and all related documents by and between the City of Lubbock and the State of Texas acting by and through the Texas Department of Transportation for an agreement for the installation and reimbursement for the operation and maintenance of traffic signals for the City of Lubbock, which agreement is attached hereto, 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 28th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl D. Hart, Jr. Jeryl D. Hart, Jr., City Traffic Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney An Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals Within a Municipality between the Texas Department of Transportation and the City of Lubbock is filed with Resolution No. 4559. Jere Hart, City Traffic Engineer, presented staff comments. The Texas Department of Transportation (TxDOT) has begun to take over the maintenance of the traffic signals along their controlled access facilities across the state. However, in the interest of better service to the motoring public, some local agencies have retained the maintenance responsibilities by contracting with TxDOT at set cost for performing the maintenance. TxDOT will reimburse the City $44,702 per year for the work. The City has been maintaining 10 out of the total 23 traffic signal locations in the agreement without any reimbursement from TxDOT. This agreement is for one year with an automatic annual renewal. Modifications may be made annually upon mutual agreement of both the City and the State. This JULY 28, 1994 Page 446 agreement becomes effective when fully executed by the City and the State. The current year's revised budget and next year's proposed budget contain the funds necessary to perform this additional signal maintenance. The City will assume all liability for maintenance activities; the State would still be liable for design and construction. Staff recommended approval of this resolution and the agreement so that the City can be reimbursed for maintenance of the TxDOT traffic signals. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4559 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Consider Resolution #4560 allowing the Mayor to enter into an agreement allowing Knights of Columbus Council #3008 to host a Back -to -School Bash at Buddy Holly Recreation Area that will include the sale and consumption of alcoholic beverages on Sunday, August 14, 1994. RESOLUTION #4560 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 Temporary Parks License Agreement by and between the City of Lubbock and Knights of Columbus Council #3008 of Lubbock, which temporary agreement is attached hereto, 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 28th day of July, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rusty Black Rusty Black, Park Maintenance Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Temporary Parks License Agreement between the City of Lubbock and the Knights of Columbus Council #3008 is filed with Resolution No. 4560. Rusty Black, Parks Maintenance Superintendent, presented staff comments. In May 1994 the Knights of Columbus #3008 requested authorization from the Parks and Recreation Department to host a Back -to -School Bash at the Buddy Holly Recreation Area adjacent to the Landwer Party House. The event would the sale and consumption of alcoholic beverages as part of the event. At the June 22, 1994, Park Board Meeting, the Knights presented the request and it was unanimously approved by the Park Board. Guidelines and procedures have been developed to ensure that special concerts or events are conducted with JULY 28, 1994 Page 447 proper control, access, security and management when alcohol is sold on this property. The Parks and Recreation Department also has policies, procedures, and operating regulations that each group will be mandated to follow for each concert or event unless their specific lease exempts them from such a provision. In order to ensure that this event will have proper security and other safeguards to provide an orderly event, the following are provided in the lease agreement. A. Security Fencing by K of C B. Alcoholic Beverage Concessions - Maximum of 2 stands C. Liability Insurance - $1,000,000 by K of C D. Security - 3 officers per 1,000 participants E. Parking - off site parking South of concert site F. Concessions - ($200.00 per space) G. Restroom Facilities - minimum of 30 H. First Aid Station - minimum of 2 I. Bands by K of C J. Promotion by K of C K. Litter Control by K of C L. Dumpsters - minimum of 6 by K of C The Knights of Columbus previously hosted two events at the Buddy Holly Park Area, including a two-day Cinco de Mayo Festival on April 30-May 1, 1994, and a Battle of the Bands event on July 17, 1994. Under this agreement, the Knights agreed to $750/day as a set fee. The City made $2,250 from these festivals, less minor expenses for electricity, dumpsters, and site preparation. The Knights have again agreed to pay $750 for the one -day event and to incur the costs of dump- sters. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4560 as recommended by staff. Motion carried: 5 Yeas; 1 Nay --Mayor Pro Tern Neugebauer. (22.) Consider Resolution #4561 authorizing the Mayor to„execute for and on behalf of the City of Lubbock an agreement to purchase Buddy Holly Memorabilia from Furr's/Bishop's, Inc., contingent upon obtaining a written consent agreement for display of such memorabilia from Maria Elena Holly. RESOLUTION #4561 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 and all related documents for the purchase of certain Buddy Holly memorabilia from Furr'sBishop's, Inc., which Agreement is 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 28th day of July, 1994. /s/ Daivd R. Langston DAVID R. LANGSTON, MAYOR ATTEST: IS/ Betty M. Johnson Betty M. Johnson, City Secretary JULY 28, 1994 Page 448 APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Manager of Culture/Leisure & Recreation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Purchase Agreement between Furr'sBishop's, Inc. and the City of Lubbock is filed with Resolution No. 4561. Carolyn Aliamus, Director of Culture and Leisure Services, presented staff comments. The City of Lubbock has been offered the opportunity to purchase Buddy Holly memorabilia, consisting of 25 lots which represents over 100 items from Furr'sBishop's Inc. Purchase of these items would by the City of Lubbock would help to preserve and protect in Lubbock, Texas, these items unique to Buddy Holly's life and musical career. The purchase price is $175,000. The City believes that having the Buddy Holly memorabilia as a display attraction for visitors to the City of Lubbock will enhance both the City's position with regard to tourist and convention activities as well as the image and memory of Buddy Holly. On July 19, 1994, the Hotel/Motel Tax Review Committee unanimously endorsed the purchase of the Buddy Holly collection, using Hotel/Motel Tax funds, to underwrite the effort. First Assistant City Attorney Don Vandiver addressed the need for a written consent agreement with Maria Elena Holly at a later date. Cecil Puryear spoke against the purchase of the Buddy Holly memorabilia by the City of Lubbock. The following citizens spoke in favor of the purchase: Mitzi Jordan, Chairperson of the Hotel/Motel Tax Review Committee; Lloyd Turner, President of Orlando's Enterprises; Dr. David Murrah, Director of the Texas Tech University Southwest Collection; Dr. Gary Edson, Executive Director of the Texas Tech University Museum; Bill Griggs, researcher and historian of 1950s music; Carlton Godbold, President of Godbold Cultural Center; Mikel Ward; and Jim Green, President of the West Texas Music Association. Mr. Godbold also offered the Godbold Cultural Center as a temporary or permanent location for display of the memorabilia. Ms. Aliamus addressed concerns that, in order to use Hotel/Motel Tax funds, the collection must be displayed in a public facility. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tern Neugebauer to authorize Resolution #4561 without the contingency of obtaining a written consent agreement for display of such memorabilia from Maria Elena Holly. Motion carried: 6 Yeas; 0 Nays. (23.) Consider a resolution authorizing the Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock a Consent Agreement with Maria Elena Holly. This item was deleted from the agenda. JULY 28, 1994 Page 449 (24.) Consider Resolution #4562 authorizing the Mayor to execute a contract with HKS. Inc., to conduct a site analysis study on the potential multipurpose arena sites. RESOLUTION #4562 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 Professional Services Agreement for Lubbock Multi -Purpose Arena Site Analysis and Illustrative Benefit Analysis between the City of Lubbock and HKS, Inc., 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 28th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney A letter detailing the Professional Services Agreement for Lubbock Multi -Purpose Arena Site Analysis is filed with Resolution No. 4562. Jim Bertram, Director of Strategic Planning, presented staff comments. At the July 14, 1994 City Council work session, staff made a presentation regarding the site analysis of each of the proposed sites for the construction of a multipurpose arena. This analysis included the cost, residential and business relocation impacts, and the advantages and disadvantages of each of the sites. There was also a general overview of the existing coliseum and the proposed new arena. This review included seating capacities, number and type of events held in these facilities, amenities, and the operations and maintenance cost. Staff also covered a list of key issues regarding both facilities. Subsequent discussions among City Council members resulted in the request to gather further site specific information and the possible impact a new arena would have on the present Civic Center. In order to accomplish this request, staff proposed that the City of Lubbock enter into a contract with HKS, Inc., to conduct a study which would address the following issues. * A site analysis of all seven proposed arena sites in relation to the Civic Center. This study would show specifically the functional relationship between the site/arena and investigate the relationship to adjacent sites or buildings. * A specific analysis of the Civic Center District site to demonstrate whether or not the area facility would work on the seven -acre tract. The cost of the site analysis will be approximately $20,000. Based on a preliminary proposal, the economic impact study which would show the opportunity for creating new restaurant visits and hotel nights which translates to a new tax base, done on one or two peripheral sites in addition to the Civic Center JULY 28, 1994 Page 450 site, would cost $10,000. The $20,000 estimate is based on pulling selected activities presented from a two-phase recommendation by HKS, Inc. Staff proposed entering into a contract outside the normal RFP process due to a short time frame which includes City Council's plans to hold a public hearing in August or September of this year. The time frame for the site analysis is approximately 4-6 weeks. HKS, Inc. is an Architectural/Engineering firm in Dallas which includes a specialized sports facility section within their firm. This section is presently doing similar site analysis research for the City of Dallas and other cities worldwide. Staff proposes contracting with HKS, Inc., due not only to their experience in this area, but also due to their recent visit to Lubbock. During this visit, Bryan Trubey, AIA, Vice President and Director of the Sports Facilities Group, reviewed the proposed multipurpose arena sites and the process the City of Lubbock staff used to conduct an in-house site analysis. Mr. Trubey advised staff on what factors HKS, Inc. uses to conduct a site analysis. Mr. Trubey also provided the city with an economic impact rating on each of the sites. These factors, along with Mr. Trubey's recent familiarity with the arena issue, make'him sufficiently qualified to conduct this analysis. Since the interest in the new multipurpose arena is very high and the City Council would like to receive as much input as possible which would assist them in informing the public and making the proper decision regarding the new facility, staff recommended approval of a contract with HKS, Inc., to complete a site analysis study. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4562 as recommended by staff. Motion carried: 4 Yeas; 2 Nays--Councilmember Patterson and Mayor Langston. (25.) Consider Resolution #4563 authorizing the Mayor to sign Supplemental Agreement No. 3 to the agreement between the City and HDR Engineering, Inc., for engineering services for the Landfill Site Selection and Permitting Pro i ect. RESOLUTION #4563 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Agreement No. 3 to the City of Lubbock Landfill Site Selection and Permiting Agreement of October, 1992, by and between the City of Lubbock and HDR Engineering, Inc., modifying the expenses for engineering services necessary for the collection of data required for the landfill permitting application required by the TNRCC. Said Supplemental Agreement No. 3 is attached hereto and 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 28th day of July, 1994. /s/ David R. Langston_ DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary JULY 28, 1994 Page 451 APPROVED AS TO CONTENT: /s/ Lee Ramirez Lee Ramirez, Superintendent of Solid Waste APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Supplemental Agreement No. 3 to the Agreement Dated October 8, 1992 Between City of Lubbock and HDR Engineering for Professional Engineering Services for the Landfill Site Selection and Permitting Project is filed with Resolution No. 4563. Lee Ramirez, Solid Waste Superintendent, presented staff comments. On October 8, 1992, Council authorized the Mayor to execute an agreement between the City of Lubbock and HDR Engineering, Inc., for engineering services for Landfill site selection and permitting. Under this agreement the maximum billed for the Engineer's personnel and subcontractor services was estimated at $85,000. In addition, Engineer's and subcontractor's reimbursable expenses were estimated to be $30,000. The total maximum to be billed for the site selection phase was estimated at $115,000. As part of the permit application process, HDR and the City of Lubbock are required to submit a Soil Boring and Piezometer Plan to the Texas Natural Resource Conservation Commission (TNRCC). In March 1994, HDR submitted its recommendations to the TNRCC regarding the number of borings necessary to describe the geologic and geohydrologic conditions at the proposed landfill site. It was HDR's recommendation that a total of fifty (50) borings would be sufficient for this project. TNRCC reviewed the plan submitted by HDR and determined that the total number of borings outlined in the plan was insufficient. TNRCC's evaluation and response increased the required number of total borings to 80. In addition, they increased boring depths significantly, increased the sampling frequency in the upper portions of the borings, and increased the number of piezometers. The boring plan approved by TNRCC significantly increased the cost for the soil and groundwater investigation over what was originally proposed. While it is still HDR's opinion that the original boring and piezometer plan was sufficient to adequately characterize the soil and groundwater conditions, TNRCC was not willing to approve that plan. A recommendation to authorize the Mayor to sign Supplemental Agreement No. 3 with HDR Engineering modifying a portion of the contract to reflect the increased funds ($196,000) needed for the additional borings and piezometers was presented to Council for consideration on June 9, 1994. The recommendation was not approved by Council, and Council instructed staff to do the following: Meet with the Lubbock delegation (State Senator and Representatives) and discuss ways to reduce the required number of borings and piezometers. Request the HDR review their drilling proposal and determine if there are any savings that could be effected through the selection of a different driller. Two meetings were conducted with the Lubbock delegation. In the first meeting on June 15, 1994, a briefing was conducted for State Representatives Delwin Jones and Bob Duncan. In this first meeting it was stressed that the HDR proposal of 50 borings, twelve of which would be piezometers, is technically correct, but that the TNRCC is unwilling to accept it. JULY 28, 1994 Page 452 During the second meeting with the Lubbock delegation, July 11, 1994, Senator Montford and State Representative Delwin Jones were present. During this meeting it was agreed that the Lubbock delegation would recommend that the city submit to the TNRCC a negotiated boring and piezometer plan for the new proposed landfill. In the negotiated soil boring and piezometer plan, the number of piezometers would be reduced by five and the number of borings would be reduced by approximately thirteen. The number of borings would be reduced as a result of the City of Lubbock agreeing to reduce the permitted acres by some 200 acres. This acreage reduction does not reduce the number of cells nor does it reduce the size of the cells where trash will be placed. In order to reduce the permitted acreage requirement of this negotiated boring and piezometer plan and still maintain significant buffer zones, the 500 to 700 foot buffer zones would not be in the permitted area. The negotiated boring and piezometer plan was initially discussed and formulated by Bill Hindman, HDR; Ron Bond, TNRCC Division Director; and Mary Adrian, Permits Section Chief, TNRCC. The net effect of this negotiated boring and piezometer plan is that it will reduce the increased costs of the boring and piezometer plan by $46,000. HDR also reviewed the drilling costs associated with their consultant, Hi Plains Drilling, Abernathy, Texas. All costs have been found to be acceptable and are actually less than other drillers. Staff recommended that Council authorize the Mayor to sign Supplemental Agreement No. 3 with HDR Engineering modifying the portion of the contract to reflect the increased funds needed for the additional soil borings. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4563 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) Consider Resolution #4564 authorizing the Mayor to sign a lease with INFO/TEXAS for pilot placement and operation of a iobs information kiosk at Mahon Library. RESOLUTION #4564 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 Lease Agreement and all related documents by and between the City of Lubbock and Info/Texas, a Delaware Limited Partnership, for a computer and kiosk enabling public access to the interactive government mulitmedia network for placement in the City of Lubbock Public Library; which lease agreement is attached hereto, 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 28th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary JULY 28, 1994 Page 453 APPROVED AS TO CONTENT: /s/ Jeffrey A. Rippel Jeffrey A. Rippel, Library Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Lease Agreement between the City of Lubbock and Info/Texas, L.P. is filed with Resolution No. 4564. Jeff Rippel, Library Director, presented staff comments. INFO/TEXAS is a public -access, self-service network established to expand access to job information in Texas, via touchscreen kiosks deployed in shopping malls, grocery stores, and public areas. The services are provided by the Texas Employment Commission in cooperation with MetroNet Communications. INFO/TEXAS is being tested with 50 kiosks placed in higher population areas of the state, in locations where people congregate and access information. TEC wanted to test a public library site in a community where no other kiosks were to be placed and selected Lubbock for this purpose. INFO/TEXAS will pay all installation and line costs, plus $100 per month to the City of Lubbock for a 3 ft. x 3 ft. floor space in Mahon Library. Services available on-line through the kiosk include: ALEX (Automated Labor Exchange) - a nationwide job bank Governor's Job Bank - job postings for vacancies in Texas state agencies Unemployment Insurance Information Texas Payday Law/Child Labor/Minimum Wage JTPA (Job Training Partnership Act) Information Employment Service Job Application - Users will be able to register their skills and job interests in the "job matching" system, which will give users full referral. Future of INFO/TEXAS is such that additional state, local, and federal agencies may use the network to disseminate information and services, such as: motor vehicle registration, payment of vehicle citations, forms completion, eligibility determination, ordering birth certificates, recycling, parks reservations, etc. With the City of Lubbock interest in exploration of multiservice delivery and supercenters concept, the Library recommends approval of this resolution approving the lease with INFO/TEXAS. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4564 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (27.) Consid' :::a ordinance to amend Chapter 26, Section 26-22, Subsection (d) of the Code of Ordinances with regard to exceptions for hotel/motel taxes. This item was deleted from the agenda. JULY 28, 1994 Page 454 (28.) Review Resolution #4372 concerning the City of Lubbock's involvement with Lubbock Downs, Inc., and consider request for extension thereof. RESOLUTION #4372 RESOLUTION CONCERNING INTENT TO EXECUTE AND DELIVER A LIMITED OBLIGATION LEASE AGREEMENT, SUBJECT TO ANNUAL APPRO- PRIATION OF CERTAIN FACILITIES TO BE USED IN CONNECTION WITH A CLASS II TRACK BY LUBBOCK DOWNS, INC. WHEREAS, the City of Lubbock, Texas (the "City") is empowered by Tex. Rev. Civ. Stat. Ann. art. 835s (the "Act") to acquire, by any lawful means other than eminent domain, land and to construct or otherwise acquire a building or other facility for the purpose of leasing the land, building, or other facility to a political subdivision or agency of the state for public use or to an individual, private corporation, or other private entity for use in manufacturing or another commercial activity; WHEREAS, Lubbock Downs, Inc. (the "Corporation") has requested that the City enter into a limited obligation, subject to annual appropriation, lease agreement (the "Lease") of the project described in Exhibit A attached hereto (the "Project") and further that the City adopt this Resolution with respect to its intent to execute and deliver the Lease subject to the terms and conditions set forth in this Resolution; WHEREAS, the City understands the governing body of the City of Slaton, Texas, proposes to adopt a resolution substantially similar to this resolution with respect to the Project, and the City declares its intent to work in cooperation with the City of Slaton, Texas, concerning the Project; and WHEREAS, the City finds, intends, and declares that this Resolution shall constitute its official action, subject to the terms hereof, evidencing its intention to execute and deliver the Lease pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: SECTION 1. Subject to the terms hereof, the City declares that it will: (a) Execute and deliver the Lease. (b) Cooperate with the Corporation with respect to the execution and delivery of the Lease, and, if arrangements therefor satisfactory to the Corporation and the City can be made, the City will take such action, authorize the execution of such documents, and will take such further action as may be necessary or advisable, in the sole discretion of the City, for the authorization, execution, and delivery of any contracts or agreements deemed necessary or desirable by the Corporation or the City in connection with the execution and delivery of the Lease (collectively, the "Contracts"), providing among other things for payment by the City of lease payments; payment by the Corporation of fees and charges of the City; acquisition, construction, and installation of the Project; and use, operation, and maintenance of the Project (and the execution of any appropriate and necessary guaranty agreements for the benefit of the City), all as shall be authorized, required, or permitted by law and as shall be mutually satisfactory to the City and the Corporation. (c) Take or cause to be taken such other actions as may be required, in the sole discretion of the City, to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof. JULY 28, 1994 Page 455 SECTION 2. It is understood by the City, and the Corporation has represented to the City, that: (a) Prior to or contemporaneously with the execution and delivery of the Lease, and Corporation will enter into the Contracts with the City under the terms of which the Corporation will unconditionally obligate itself to (1) provide for a sub -lease of the Project by the Corporation from the City pursuant to which the City (or to a Trustee, as the case may be) receives payments equal to or greater than the lease payments of the City under and pursuant to the Lease, as and when the same become due and payable; (2) convey to the City by general warranty deed, as a gift, the land on which the Project is to be located; and (3) provide for a ground lease pursuant to which the City receives payments from the Corporation for the Corporation's use of the land and the City receives the reversionary interest in the land and the Project upon termination of the ground lease. (b) The Corporation will (1) pay all Project costs and (2) at all times, indemnify and hold harmless the City against all losses, costs, damages, expenses, and liabilities of whatsoever nature (including but not limited to attorneys' fees, litigation and court costs, amounts paid in settlement, and amounts paid to discharge judgments) directly or indirectly resulting from, arising out of or related to the execution and delivery of the Lease, or the design, construction, installation, operation, use, occupancy, maintenance, or ownership of the Project. SECTION 3. It is understood by the City that all declarations of the City with respect to the Project and the Lease are subject to the condition that the Lease shall have been executed and delivered no later than six months from the date of this Resolution, or such other later date as shall be satisfactory to the City and to the further conditions as follows: (a) Prior to the execution and delivery of the Lease, the City shall have received a feasibility report with respect to the Project, prepared by an independent third party satisfactory to the City, at the expense of the Corporation, which demonstrates the financial feasibility of the Project for the term of the Lease; (b) Prior to the execution and delivery of the Lease, the City shall have received pro forma financial statements with respect to the Corporation prepared in conjunction with, or based upon the assumptions contained in, the feasibility report referred to in Section 3(a) above; (c) Prior to the execution and delivery of the Lease, the Corporation shall have demonstrated to the City's satisfaction, that the Corporation has access to sufficient amounts of capital to implement the Project as described in the feasibility report referred to in Section 3(a) above; (d) The Lease shall contain no provision creating any obligation of the City to make any payment other than payments for which provision is made by annual appropriation; (e) The Lease shall contain no provision creating any obligation of the City to make any payment other than from amounts received from the Corporation pursuant to the sub -lease of the Project by the Corporation from the City; (f) The Lease shall provide that no amounts paid by the City pursuant to the Lease are to be characterized as interest paid by or on behalf of the City, nor are any such amounts to be pledged or otherwise used to secure any obligation of any person unless the person or entity to whom or which such obligation is owed has delivered to the City, prior to incurring such obligation, evidence satisfactory DULY 28, 1994 Page 456 to the City, that such person or entity has read and understood the Lease and the limited and conditional nature of the City's agreement to make payments pursuant to the Lease; (g) The Lease shall provide that no securities shall be offered in connection with the Project using the corporate name of the City as the obligor of such securities or identifying such securities in any manner as obligations of the City; (h) The Lease shall contain the agreement of the Corporation not to claim any exemption from taxation by any taxing jurisdiction as a consequence of the City's connection with the Lease or the Project; and (i) Prior to acceptance of the general warranty deed for the land and the execution and delivery of the Lease, the City shall have received a Phase II environmental audit, prepared by an independent third party acceptable to the City, relating to the land which demonstrates that the City will incur no obligation by virtue of ownership of the land. SECTION 4. The City declares that this Resolution represents a conditional statement of policy based on preliminary facts presented to the City Council in the public meeting at which this Resolution is adopted. The City Council expressly reserves the unconditional right to alter or revise its policy concerning the Project or Lease if additional facts or the failure to satisfy any of the conditions set forth in this Resolution so warrant. The adoption of this Resolution by the City Council is not intended to create, and does not create, any obligation to any person other than the Corporation and to the Corporation only to the extent and subject to all conditions set forth herein. This Resolution does not create any kind of partnership, joint venture, contractual relationship, fiduciary relationship, or obligation of the City to expend funds. SECTION 5. This Resolution shall be effective from and after its date of adoption as shown below. PASSED AND APPROVED this the 27th day of January, 1994 CITY OF LUBBOCK, TEXAS /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Masser ale J. Robert Massengale, Assistant City Manager of Financial Services APPROVED AS TO FORM: /s/ John C. Ross John C. Ross, Jr., City Attorney JULY 28, 1994 Page 457 (29.) Lubbock Downs representative Jean Arnett and Lubbock Downs financial advisor Richard Ehland presented Lubbock Downs' request for extension of Resolution #4372. On January 27, 1994, the City Council passed a resolution agreeing to a limited relationship with Lubbock Downs, Inc., to develop a race track in Slaton, Texas. The agreement contemplated a "name only" participation even though there were several actual contracts and exchanges of consideration including the donation of property to the City of Lubbock and the proposition that the City of Lubbock would, in fact, receive some revenues from the project. It was clear that the City of Lubbock would have no financial obligation. The City's bond attorney, Mr. Mark Westergard, with Fulbright and Jaworski, as well as John Ross, City Attorney, have reviewed preliminary documents relating to the overall financing arrangement which departed significantly and materially from the resolution that the City Council passed. Mr. Ehland explained the risks that would be included then further explained what he considered to be layers of protection that would be in place to minimize the City's financial liability. Mr. Westergard provided a legal analysis of the risks associated with the financing documents that were delivered to him by Mr. Ehland on July 15, 1994. He said there is no question that the license cannot be assigned to the City of Lubbock without state statute and rules of the Racing Commission being changed. He explained that in order for the license to revert to the City in case of default by Lubbock Downs, Inc., each council member would have to become a licensee of a race track. Furthermore, the City would have to own the land before the land could revert to the City. He stressed that the original document indicated that the credit of the City of Lubbock was not to be pledged or placed behind the race track project and that no securities were to be offered using the corporate name of the City of Lubbock. It was Mr. Westergard's legal opinion that the material conditions specified in Resolution #4372 have not been satisfied by Lubbock Downs, Inc. Further, the resolution expired on July 27, 1994. Mr. Westergard outlined four options for City Council: 1) Do nothing and let Resolution #4372 lapse. 2) Extend Resolution #4372 as is. 3) Declare Resolution #4372 lapsed and adopt a new resolution. 4) Adopt a new resolution offering the credit of the City of Lubbock behind the project. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize extension of Resolution #4372 for a period of 90 days in order to give Ms. Arnett an opportunity to restructure the financing agreement in keeping with the original resolution. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4565 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 Termination of Agreement and Release between the City of Lubbock and Lubbock Chamber of Commerce, attached JULY 28, 1994 Page 458 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 28th day of July, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Termination of Agreement and Release between the Lubbock Chamber of Commerce, the City of Lubbock and the City of Lubbock Board of Development is filed with Resolution No. 4565. Recently the Chamber of Commerce announced its intention to withdraw from the 1979 Agreement, as amended, existing between the Chamber, the City and the former Board of City Development. The "Termination of Agreement and Release" is to be jointly executed by the Chamber of Commerce and the City of Lubbock. This Agreement terminates for all purposes the 1979 Agreement, and all amendments thereto, and by mutual agreement both parties to said Agreements, as amended, release each other from any responsibilities or obligations, past, present or future, existing under those Agreements. `, In light of the new direction for Convention Tourism Services, the staff recommended execution of this Agreement. Motion was made by Mayor Pro Tern Neugebauer, seconded by CouncHmember Patterson to authorize Resolution #4565 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) Consider Resolution #4566 authorizing the Mayor to execute a lease agreement between the City of Lubbock and Lubbock Chamber of Commerce to provide office space for the Lubbock Convention and Tourism Bureau of the City of Lubbock. RESOLUTION #4566 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 Lease Agreement by and between the City of Lubbock and Lubbock Chamber of Commerce, attached hereto, which Agreement is'to be assigned to a nonprofit corporation which is in the process of being created and which Agreement 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. JULY 28, 1994 Page 459 Passed by the City Council this 28th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A Lease Agreement between the Lubbock Chamber of Commerce and the City of Lubbock is filed with Resolution No. 4566. City Attorney John Ross explained that the Lease Agreement before Council is to provide office space for the new nonprofit corporation which will be located on the second floor of the Chamber of Commerce building. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4566 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (31.) Review and approve draft articles of incorporation and bylaws and appointment of the initial Board of Directors of the Lubbock Convention and Tourism Bureau of the City of Lubbock. a non-profit organization to be created. City Attorney John Ross explained that, in light of the recent announcement by the Lubbock Chamber of Commerce to withdraw from the contractual commitments that have existed between the City of Lubbock and the Chamber since 1979, it is necessary to create a new nonprofit corporation to oversee the convention and tourism industry here within the City of Lubbock. The following points contained in the Articles of Incorporation were called to the attention of the City Council: The purpose for which the corporation is formed is to promote tourism and conventions in the City of Lubbock and aid the hotel industry in this city. 2. Directors are appointed by the City Council of the City of Lubbock and may be removed by the City Council of the City of Lubbock. 3. The Articles of Incorporation may be amended by the Board of Direr..,. filing an application with the City Council seeking permission to amend its articles. The City Council may then approve that amendment and it may go forward. In addition, the governing body of the City may at its sole discretion at any time alter or change the structural organization, programs or activities of incorporation and may amend its articles. 4. Upon dissolution of the corporation all assets of the corporation become the assets of the City of Lubbock. JULY 28, 1994 Page 460 The draft Bylaws specify the rules governing the internal operations of the corporation. They provide among other things the following: That there shall be a board of directors of nine individuals appointed for a term of three years and that the term shall be staggered. 2. That the City Council shall appoint the Board of Directors. 3. That any vacancies on the Board shall be filled by the governing body of City of Lubbock. 4. The corporation shall have an annual meeting. Regular meetings are specified to be held. 6. Special meetings may be held. 7. A quorum is established. 8. The duties of the directors are specified. A quorum of the directors shall control by vote and actions of the corporation. 9. Officers are established within the bylaws. Provisions for their election and removal are set forth. 10. The duties of the president, vice president, treasurer and secretary are spelled out in the Bylaws. 11. The corporation may establish committees. 12. The corporation may enter into contracts provided for depositories and may accept donations on behalf of the corporation (not personal gifts). 13. The corporation should keep adequate books and records. Any director or member of the City Council may inspect, receive copies of books and records of the corporation. 14. The Council by appropriate resolution has the right to conduct an audit at the expense of the corporation of the corporation's books. 15. A fiscal year is established. 16. The Bylaws provide for amendments to the Bylaws by having the Board of Directors meet giving notice to the City Council of the proposed change of the Bylaws seeking permission of the City Council for such change to the Bylaws and obtain a resolution approving the proposed change or amendment to the Bylaws. In addition, the governing body of the City amend at its sole discretion amend the Bylaws at any time. City Attorney John Ross has reviewed the Articles of Incorporation and the Bylaws and feels that they are satisfactory for the purposes intended. Bill Hoffman, General Manger of Lubbock Plaza Hotel, and David Tabara, General Manager of Holiday Inn Civic Center, expressed concern over the fact that the hotel community will have only one representative on the Board of Directors. Mayor Langston explained that it would be possible for the Board to expand the membership to more than nine following incorporation; however, it is necessary to establish the corporation before any action can be taken. JULY 28, 1994 Page 461 Norton Baker, the attorney representing the corporation, advised the City Council that, in addition to the Articles of Incorporation and Bylaws of which the City Council had copies, these documents should also include an article on liability of directors and indemnification. Mayor Langston suggested the following slate of Lubbock Convention and Tourism Bureau Board of Directors: Eddie Dixon, Bob Greenhill, Tom Reed, Bill Prather, Marcy Lawless, Craig Wells, Penny Morin, Matt Malouf, and Don Caldwell. Terms would be determined by drawing lots. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to approve the Articles of Incorporation and Bylaws, including the additions on which Mr. Baker advised, and appointments of the initial Board of Directors to the Lubbock Convention and Tourism Bureau as recommended. Motion carried: 6 Yeas; 0 Nays. (35.) Confirm appointment of Richard Tice to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Richard Tice to the Keep Lubbock Beautiful Advisory Committee as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (36.) Confirm reappointments of Stan Angelley, Zelda Cuevas, Larry Moore, Tom Renfroe and the apl2ointment of David Branson to the Building Board of Appeals. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Stan Angelley, Zelda Cuevas, Larry Moore and Tom Renfroe to the Building Board of Appeals as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (37.) Confirm reappointments of Heenan Johnson, Marjorie Kastman, Greg Jones and appointment of Albert Hernandez to the Electric Utility Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Heenan Johnson, Marjorie Kastman and Greg Jones, and to appoint Albert Hernandez to the Electric Utility Board as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (38.) Confirm appointment of John Washington to the Firemen's and Policemen's Civil Service Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson confirm the City Manager's recommendation to appoint John Washington to the Firemen's and Policemen's Civil Service Commission as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (39.) Confirm reappointment of Paul Scioli and appointment of Verneta Holmes and Rick Lipps to the Citizens Traffic Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Paul Scioli and appoint Verneta Holmes and Rick Lipps to the Citizens Traffic Commission as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (32.) Hold an executive session, in accordance with V.T.C.A. Government Code. Section 551.071 (1)(A) pending or contemplated litigation (Water Utilities). JULY 28, 1994 Page 462 L (33.) Hold an executive session in accordance with V.T.C.A. Government Code Section 551.071 (a)(1) to discuss Personnel matters (City Secretary). (34.) Hold an executive session in accordance with V.T.C.A. Government Code Section 551.074 (a)(1) to discuss Personnel matters regarding duties, responsibilities, and/or appointments to: Lubbock Mental Health and Mental Retardation Board of Directors Community Services Community Development Building Board of Appeals South Plains Association of Governments Neighborhood Certification Committee Neighborhood Redevelopment Commission "Goals for Lubbock: A Vision Into the 21st Century" There being no further business to come before Council, motion was made by Councilmember Patterson, seconded ou ember Sitton to adjourn the meeting at 3:20 p.m. Motion carried: 5 Yeas; Nays --Mayo ro T bauer was absent from Council Chambers. ATTEST: �ettyM.�hnso*i, ity Secretary Read and approved this the 11 th ATTEST: Betty . ohnson, ity Secretary VID R. LAAIGSTON, MUOR