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Home My WebLink AboutMinutes - City Council - Regular - 11/10/1994CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 10, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the loth day of November 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 Victor Hernandez, 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. Mayor Langston called the meeting to order at 10:07 A.M. (1.) The Invocation was given by Betty M. Johnson, City Secretary. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Bob Johnson appeared to request two-way traffic on Main Street, east of Avenue-Q. Bob Johnson presented a petition to the Mayor on August 17, 1994, signed by a significant number of the business owners on Main Street (32 signatures). At its October 11, 1994, meeting, the Citizens Traffic Commission (CTC) recommended tabling action on this request until the County moved its motor vehicle registration to the NationsBank building in January or February 1995. Mr. Johnson did not want to wait any longer on this request and thus appealed the CTC's action to the City Council. Because 1 Oth Street comprises the other half of a one-way pair with Main Street, the conversion of 1 Oth Street to two-way operation had to be considered at the same time. Jere Hart, City Traffic Engineer, indicated that, based on current traffic volumes, there is adequate capacity to change Main Street and 1 Oth Street from one-way to two-way traffic. However, the free flow of traffic during peak periods would be significantly reduced on Main Street near Avenue Q due to the limited number of lanes available. The free flow of traffic during peak times would also be reduced on 1 Oth Street due to only one lane in each direction for two-way versus three lanes westbound for one-way. The cost to the City would be approximately $50,000 and would come from the current unreserved/undesignated account of the Traffic Control System Capital Projects Fund. The main benefits of the requested change would be easier access to the businesses and less confusion to drivers not familiar With the area. The main disadvantages would be the aiuumn of one lane traffic, the cost, and less desirable traffic signal progression on 1 Oth Street and Main Street. However, adequate capacity is available for two-way traffic. City Council Minutes November 10,1994 Page 658 Staff recommended approval of converting both Main Street and 1 Oth Street to two-way operation and the allocation of the necessary additional funds required. The following citizens spoke in favor of the conversion: Rick Chamber, Main Plaza Buddy Curry, CenterCorp Jake Webb, Southwestern Public Service Marc McDougal, McDougal Properties Dick Walsh, South Plains College Tom McSpadden requested that the City delay consideration on the change until the Tax Assessor-Collector's Office moves to the NationsBank building on Main Street to determine what the traffic volume will be at that time. Paul Scioli, Chair of the Citizens Traffic Commission, indicated that the Commission is taking no position at this time because it hasn't had an opportunity to study the traffic analysis that was conducted following Mr. Johnson's original appearance before the Commission. Mr. Hart provided information on the traffic analysis and reiterated that the change would not adversely affect traffic flow. Formal action on this item was taken up in agenda Item #29. ( 4.) Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve the minutes of the October 20, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 5.) Consider the price and condition of sale of Parcel Number 15760-14-30 at 2103 Elm Avenue This was a routine sale of property by the Urban Renewal Agency to Drinkard Smart and wife for $400. The proposed sale was approved by the Urban Renewal Board of Commissioners on October 18, 1994. The Housing Rehabilitation Section staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 658 City Council Minutes November 10,1994 Page 659 (6.) Consider Resolution #4653 appointing the Fleet Services Manager of the City of Lubbock as its agent authorized to register all motor vehicles. RESOLUTION #4653 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 to appoint and does hereby appoint the Fleet Services Manager of the City as its agent authorized to register all motor vehicles used by the Lubbock Police Department pursuant to Article 6701m-2, V.A.C.S., and procedures required by the Texas Department of Highways and Transportation for all City of Lubbock vehicles. Passed by the City Council this 1 Oth day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Hindman Mark Hindman, Director of Support Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The State requires the City to appoint an authorized agent for registering all vehicles used by the City of Lubbock. The City currently has a resolution in effect designating the Garage Superintendent as the City's authorized agent. Several years ago the title of this position was changed from Garage Superintendent to Fleet Services Manager. Officials with the Texas Department of Highways and Transportation requested that the a new resolution be executed to include the current title of the City's agent. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4653 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 659 City Council Minutes November 10,1994 Page 660 (7.) Consider Resolution #4654 accenting Street Maintenance Improvements constructed by Ronnie Zahn Paving, Inc, under the 1994 Street Maintenance Program RESOLUTION #4654 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract January 13, 1994, authorizing the construction of street maintenance improvements by Ronnie Zahn Paving, Inc., on a portion of the following: STREET Canyon Lake Drive Canyon Lake Drive Canyon Lake Drive Canyon Lake Drive Zenith Avenue Spruce Avenue E. 19th Street N. Elder Avenue Mulberry Avenue Auburn Street E. Baylor Street E. Colgate Street Niter Avenue E. Queens Street N. Birch Avenue N. Globe Avenue N. Ivory Avenue E. Kent Street Avenue H Cornell Street Canyon Lake Dr. Canyon Lake Dr. N. Avenue X Stanford Street Rice Street Queens Street N. Gary Avenue Erskine Street Erskine Street Norfolk Avenue Orlando Avenue 15th Street Mobile Avenue 15th Drive Monticello Avenue 14th Street 13th Street 13th Street 14th Street Milwaukee Avenue 17th Street 16th Street Utica Avenue 17th Street 18th Street Utica Drive Slide Road 9th Street Utica Place 1994 Street Maintenance Program List of Streets Improved wxljuvl Park Road 18 E. Broadway E. 19th Street MLK, Jr. Blvd E. 16th Street Idalou Road Spruce Avenue N. Loop Access Road Auburn Street Mulberry Avenue Niter Avenue Niter Avenue Bates Street Ash Avenue E. Queens Street E. Queens Street E. Queens Street I-27 4th Street Avenue S N. Avenue U N. University Avenue Queens Street N. Avenue X N. Avenue X N. Avenue X Oberlin Street Clovis Road N. Indiana Avenue 15th Street 15th Street Norfolk Avenue 13th Street CDS W. Monticello Avenue 15th Drive Monticello Avenue Monticello Avenue Mobile Avenue Mobile Avenue 4th Street Quaker Avenue Quaker Avenue 15th Street Utica Avenue Utica Avenue 17th Street 4th Street Slide Road 13th Street M E. Broadway E. 19th Street MLK, Jr. Blvd Lake #6 Dam E. 19th Street E. 19th Street Ute Avenue Dead-end to North E. Loop Access Rd. E. Loop Access Rd. Mulberry Avenue Olive Avenue E. 4th Street MLK, Jr. Blvd N. Loop Access Rd E. Stanford Avenue E. Stanford Avenue N. MLK, Jr. Blvd 5th Street N. Ave. Q Dr. University Avenue N. Loop Access Rd N. Loop Access Rd N. University Avenue N. University Avenue N. University Avenue N. Loop Access Rd N. Indiana Avenue N. Quaker Avenue Alley S. of 18th Street 19th Street Orlando Avenue 15th Drive CDS E. Monticello Dead-end N. 13th Street Mobile Avenue Dead-end to West CDS W. Mobile Avenue Milwaukee Avenue 19th Street Norfolk Avenue Norfolk Avenue 19th Street Utica Drive Utica Drive 19th Street 13th Street Vicksburg Avenue 15th Street e City Council Minutes November 10,1994 Page 661 5th Street York Avenue Vicksburg Avenue York Avenue 4th Street 5th Street 11 th Place Milwaukee Avenue Alley E. Justice Kirby Avenue 9th Street 11 th Place 10th Street Milwaukee Avenue Kirby Avenue Kline Avenue 9th Street 10th Street 9th Street Justice Avenue CDS E. Milwaukee Kewanee Avenue 9th Street 11 th Place Amherst Street Frankford Avenue 1 st Place Auburn Street Chicago Avenue Elkhart Avenue 1 st Place Frankford Avenue Amherst Street Justice Avenue Alley N. of 9th Street CDS N. of 1 Ith Place Kline Avenue 9th Street Alley N. of 9th Street Oakridge Avenue 18th Street 19th Street 23rd Street LaSalle Avenue Milwaukee Avenue Kewanee Avenue 19th Street 30th Street 30th Street Kewanee Avenue Milwaukee Avenue LaSalle Avenue 19th Street 20th Street 20th Street LaSalle Avenue Kewanee Avenue Juneau Avenue 19th Street 21 st Street 21 st Street Juneau Avenue Iola Avenue 23rd Street Iola Avenue Juneau Avenue 16th Street Frankford Avenue W. Loop Access Rd Frankford Avenue 19th Street 34th Street Santa Fe Drive 29th Drive Slide Road 72nd Street Genoa Avenue Frankford Avenue 73rd Street Genoa Avenue Frankford Avenue Genoa Avenue 72nd Street Alley S. 73rd Street Homestead Avenue Spur 327 66th Street 81 st Street Homestead Avenue Huron Avenue Huron Avenue 81 st Street 79th Street 79th Street Huron Avenue Hope Avenue Frankford Avenue 82nd Street 600' S. 98th Street 98th Street Frankford Avenue Alley E. Abbeville 96th Street Albany Avenue Slide Road 93rd Street Chicago Avenue Slide Road 89th Street Vicksburg Avenue Salem Avenue Salem Avenue Alley S. 89th Street 83rd Street 84th Street Salem Avenue Richmond Avenue Richmond Avenue 84th Street 87th Street 87th Street Salem Avenue Richmond Avenue 86th Street Richmond Avenue CDS W. Richmond 87th Street Richmond Avenue CDS E. Quinton Avenue 85th Street Richmond Avenue Raleigh Avenue 77th Street Slide Road York Avenue York Avenue 7th Street 79th Street Quaker Avenue Alley N. 63rd Street 58th Street 60th Street Utica Avenue York Avenue 65th Street Quaker Avenue Salem Avenue Indiana Avenue Alley N 62nd Street 50th Street 55th Street Elgin Avenue Geneva Avenue 56th Street Elgin Avenue Geneva Avenue Geneva Avenue 56th Street 58th Street Hartford Avenue 58th Street 59th Street 59th Street Hartford Avenue Elgin Avenue Flint Avenue' 58th Street 59th Street Gary Avenue 58th Street 60th Street Elgin Avenue 66th Street CDS S. 69th Street Canton Avenue 66th Street S. Loop Access Road E. 50th Street Avenue A Southeast Drive Guava Avenue E. 50th Street E. 37th Street Olive Avenue 150' N. 60th Street Alley SE 61 st Street E 60th Street Olive Avenue End of Paving to E. Peach Avenue E. 60th Street E. 62nd Street E. 61 st Street Olive Avenue Peach Avenue Ivory Avenue E. 50th Street E. 49th Street E. 52nd Street Avenue A Dead-end to East E. 61 st Street Avenue A Dead-end to East Globe Avenue E. 34th Street E. 40th Street 661 City Council Minutes November 10,1994 Page 662 Hickory Avenue E. 34th Street E. 35th Street Ivory Avenue E. 34th Street E. 35th Street E. 35th Street Hickory Avenue Ivory Avenue Ivory Avenue E. 40th Street RR NE 40th Street E. 46th Street Globe Avenue Avenue A Cedar Avenue E. 34th Street E. 37th Street E. 36th Street Cedar Avenue Avenue A Ivory Avenue Coronado Drive E. 26th Street E. 26th Street Hickory Avenue Southeast Drive Hickory Avenue E. 28th Street E. 26th Street Globe Avenue E. 28th Street E. 26th Street Fir Avenue E. 28th Street E. 26th Street Hickory Avenue E. 28th Street CDS SE 28th Street E. 28th Street Fir Avenue Southeast Drive Juniper Avenue Southeast Drive CDS SE 28th Street E. 27th Street Ivory Avenue Juniper Avenue Birch Avenue E. 20th Street E. 23rd Street Cedar Avenue Coronado Drive E. 20th Street Avenue C 19th Street Dead-end N. 18th Street 18th Street Avenue A Alley W. Avenue C Avenue B Dead-end N. 18th Street 19th Street 17th Street Avenue A I-27 Access Road 16th Street Avenue A Avenue B Ash Avenue E. 23rd Street E. 26th Street E. 26th Street Ash Avenue Cedar Avenue 75th Street Ash Avenue Cedar Avenue 76th Street Ash Avenue Avenue B 77th Street Avenue B Avenue D 92nd Street Avenue P Avenue U W. 20' University Avenue 82nd Street 86th Street S. 20' 82nd Street Elgin Avenue University Avenue 81 st Street University Avenue Boston Avenue Boston Avenue 79th Street 81 st Street 80th Street University Avenue Elgin Avenue Akron Avenue 79th Street 81 st Street 79th Street CDS E. Flint Avenue CDS W. Gary Avenue 96th Street Indiana Avenue Joliet Avenue Joliet Avenue 96th Street 98th Street 27th Street Flint Avenue Indiana Avenue Canton Avenue 26th Street 30th Street 26th Street Flint Avenue Indiana Avenue Gary Avenue 25th Street 26th Street 28th Street Flint Avenue Boston Avenue 29th Street Boston Avenue Canton Avenue 27th Street Boston Avenue Elgin Avenue University Avenue 42nd Street 50th Street 56th Street Temple Avenue Avenue S. Kent Street MLK, Jr. Blvd FM 2641 N. Guava Avenue Kent Street FM 2641 Parking Lots Improved Canyon Lake # 1 Parking Lot Canyon Lake #2 Parking Lot Canyon Lake #3 Parking Lot (North Side) Canyon Lake #3 Boat Ramp and Parking Lot (South side) Canyon Lake #6 Parking Lot (North Side) Canyon Lake #6 Parking Lot (South Side) Central Park Shop City of Lubbock Radio Shop West Airport Terminal Employees Parking Lot 662 City Council Minutes November 10,1994 Page 663 WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $78,894.51 SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 1 Oth day November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This item was a routine acceptance of the 1994 Street Maintenance Program, which consisted of single course and two course surface treatment on all streets listed in the acceptance resolution. The contract amount was $1,694,698.02. Final contract price is $1,600,064.50. Final payment due the contractor upon acceptance was $78,894.51. The Street Department recommended the approval of this routine acceptance and the release of the final $78,894.51 of the contract to the Contractor. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4654 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (8.) Consider a resolution authorizing the Mayor to execute agreements with local property owners associated with the 1993 assessment paving program. This item was deleted from the agenda. 663 City Council Minutes November 10,1994 Page 664 ( 9.) Consider Resolution #4658 authorizing the Mayor to execute an agreement with Furr'sBishop's, Inc., as sponsor of 1994 Santa Land. RESOLUTION #4658 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 Sponsorship Agreement, attached herewith, by and between the City of Lubbock and Furr'sBishop's, Inc., and any associated documents, 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. Passed by the City Council this 1 Oth day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Director of Culture and Leisure APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney SPONSORSHIP AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, Furr'sBishop's, Inc., desires to sponsor the City of Lubbock's Santa Land Project to be conducted December 10 to December 23, 1994, at 1408 6th Street in Lubbock, Texas; and WHEREAS, the City of Lubbock, Texas, desires to allow Furr's Bishop's, Inc., to sponsor the Santa Land Project; and WHEREAS, participation in this project by both the City and Furr'sBishop's, Inc., will provide a public/private partnership event which will be memorable and enjoyable for all of the children of Lubbock and the surrounding area; NOW THEREFORE: City Council Minutes November 10,1994 Page 665 WITNESSETH: This is a contract for sponsorship of the City of Lubbock's Santa Land Project between Furr'sBishop's, Inc., hereinafter called Sponsor; and the City of Lubbock, Texas, hereinafter called City, both located in Lubbock, Texas. Sponsor shall pay City the sum of $8,000.00 upon execution of this Agreement by both parties hereto. Such payment shall be deposited into a financial banking institution named by City or hand delivered to Ms. Carolyn Aliamus, Director of Culture and Leisure for the City. Sponsor shall be entitled to the following sponsorship benefits. 1) All references to the Santa Land Project shall refer to "Furr's Santa Land." 2) All publicity for the Santa Land Project shall refer to "Furr's Santa Land." 3) Sponsor shall be entitled to acknowledgment on entrance signage, billboard signage, and opening ceremonies. 4) There shall be a press release announcing the Furr's Santa Land opening and the partnership between the City and Furr's/Bishops Cafeterias, Inc. The City shall be entitled to control the actual operation of the Project and shall be entitled to partnership identification in any publicity by Sponsor. In addition, the City shall be entitled to receive all concession revenues and all photo revenues from the Project. �.- The term of this agreement shall be for one year and it shall be renewable by mutual agreement of the parties hereto executed in writing for additional one (1) year terms prior to December 1 of any subsequent year. This agreement shall be governed by the laws of the State of Texas. EXECUTED this 1 Oth day of November, 1994, at Lubbock, Texas. FURR'SBISHOP'S, INC.: /s/ Kevin E. Lewis KEVIN E. LEWIS, CHAIRMAN ATTEST: /s/ Lori Holbert Secretary CITY OF LUBBOCK: /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Director of Culture and Leisure APPROVED AS TO FORM; /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 665 City Council Minutes November 10, 1994 Page 666 Santa Land has been a tradition for 37 years to provide holiday entertainment for the entire family. Culture and Leisure Services budgets $15,000 to deliver this tradition to the citizens. The proposal covers approximately 50 percent of the costs incurred by entering into a partnership with Furr'sBishop's, Inc. Culture and Leisure Services anticipates the remaining balance of budgeted costs to be covered by the sale of goods and services. Key provisions of the Sponsorship Agreement consists of the following City entitlements: 1. The sum of $8,000.00 from Furr's 2. Retain all revenues from concessions and pictures 3. Control the operation Furr's shall be entitled to the following: 1. All references to Santa Land shall be "Furr's Santa Land" in cooperation with the City of Lubbock 2. Acknowledgment on entrance signage, billboard signage, and opening ceremonies 3. Press release announcing the Furr's Santa Land opening and partnership with the City of Lubbock 4. First right of refusal for 1995 season City staff recommended approval of this agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4658 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston recused. (10.) Consider Resolution #4655 authorizing the Mayor to sign an agreement with Sutro and Company for the lease/purchase of automated parking control equipment RESOLUTION #4655 RESOLUTION OF GOVERNING BODY/EXTRACT OF MINUTES Lessee: City of Lubbock Date of Agreement: November 10, 1994 At a duly called meeting of the governing body of Lessee (as defined in the Agreement). held on the 1 Oth day of November, 1994, the following Resolution was introduced and adopted. WHEREAS, the governing body of Lessee has determined that a true and very real need exists for the acquisition of the equipment described in the Municipal Lease and Option Agreement presented to this meeting; and 9 City Council Minutes November 10,1994 Page 667 WHEREAS, the governing body of Lessee has taken the necessary steps, including any legal bidding requirements, under applicable law to arrange for the acquisition of such equipment; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the terms of said Municipal Lease and Option Agreement are in the best interests of Lessee for the acquisition of such Equipment, and the governing body of Lessee designates and confirms the following person to execute and deliver, and to witness (or attest), respectively, the Municipal Lease and Option Agreement and any related documents necessary to the consummation of the transactions contemplated by the Municipal Lease and Option Agreement. DAVID R. LANGSTON, MAYOR The undersigned further certifies that the above Resolution has not been repealed or amended and remains in full force and effect and further certifies that the above and foregoing Municipal Lease and Option Agreement is the same as presented at said meeting of the governing body of Lessee. Passed by the City Council this 1 Oth day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Hindman Mark Hindman, Director of Support Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Installation of automated parking control equipment is a requirement of the parking lot management concession agreement. Proposals were considered and Houston Equipment Company was recommended as the successful vendor. The financial situation of the Airport Fund does not allow the outright purchase of this equipment. Therefore, proposals were solicited for financing the equipment through a lease agreement. Proposals were received from three companies. Sutro and Company submitted the proposal with the lowest net cost for leasing the equipment. Their proposal is based on a net effective rate of 6.34 percent, including all fees. The term of the lease is 60 months. At the end of the lease term the equipment will become the property of the City. Staff recommended approval of the agreement with Sutro and Company for the lease of the equipment Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4655 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 667 City Council Minutes November 10,1994 Page 668 (11.) Consider Resolution #4656 amending the 1994-95 Airport Capital Projects Budget to provide for the lease/purchase of automated parking control equipment. RESOLUTION #4656 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: $590,322.00 shall be provided from a Lease Financing Agreement, Airport Parking Revenue and the Airport Parking Reserve to fund the "Automated Parking Control Equipment" project in the Airport Capital Projects Fund. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. Passed by the City Council this I0th day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Beity M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Gina Thompson for Mark Hindman Mark Hindman, Director of Support Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This resolution would allow for an increase to the Airport Capital Projects Fund in the amount of $590,322 for the Automated Parking Control Equipment Project. Installation of the automated parking control equipment is a requirement of the Parking Lot Management Concession Agreement. Total cost of the equipment is $550,322. Additional related costs = $14,000 Professional Services, $15,000 Advertising, $1,000 Travel, and $10,000 for Traffic Control System Improvements. Funding for the equipment will be provided through a lease financing agreement. Funding for the installation costs will be provided from a parking lot reserve account. Staff recommended the approval of this resolution. ..: City Council Minutes November 10,1994 Page 669 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4656 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Ordinance #9747 amending Ordinance #9515 to correct an error in the legal description in an abandoned transformer pad easement (4618 5th Street). ORDINANCE #9747 AN ORDINANCE AMENDING ORDINANCE NO. 9515 SO AS TO CORRECT AN ERROR IN LEGAL DESCRIPTION IN A TRANSFORMER PAD EASEMENT ABANDONED AND CLOSED; AND PROVIDING FOR PUBLICATION HEREOF. On April 23, 1992, Ordinance #9515 was passed abandoning and closing a transformer pad easement in Lot 6-A, Block 29, Rushland Park Addition. This easement to be closed was located in the northwest corner of Lot 6-A, but the legal description of the ordinance described a transformer pad easement at the northeast corner of Lot 6-A. This ordinance will correct Ordinance #9515 and correctly abandon and close the transformer pad easement. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9747 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Ordinance #9748 abandoning and closing a portion of 66th Street in Section 28. Block E-2 (5502 66th Street) AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH STREET LOCATED IN SECTION 28, 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 the north eight feet of 66th Street between Chicago Avenue westward to the alley east of Elkhart Avenue for platting purposes. The Right -of Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9748 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ..• City Council Minutes November 10,1994 Page 670 (14.) BID #12988--Airport parking lot revenue control equipment, and authorize same (Airport). RESOLUTION #4657 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 Houston Equipment Company of Houston to furnish and install all materials as bid for the Airport Parking Lot Revenue Control Equipment for the City of Lubbock, 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 1 Oth day of November 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK 8 /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 1 Oth day of November, 1994 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Houston Equipment Company of the City of Houston, County of Harris, 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. 12988--Airport Parking Lot Revenue Control Equipment (Airport) in the amount of $550,322.00 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. We] City Council Minutes November 10,1994 Page 669 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4656 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Ordinance #9747 amending Ordinance #9515 to correct an error in the legal description in an abandoned transformer pad easement (4618 5th Street). ORDINANCE #9747 AN ORDINANCE AMENDING ORDINANCE NO. 9515 SO AS TO CORRECT AN ERROR IN LEGAL DESCRIPTION IN A TRANSFORMER PAD EASEMENT ABANDONED AND CLOSED; AND PROVIDING FOR PUBLICATION HEREOF. On April 23, 1992, Ordinance #9515 was passed abandoning and closing a transformer pad easement in Lot 6-A, Block 29, Rushland Park Addition. This easement to be closed was located in the northwest corner of Lot 6-A, but the legal description of the ordinance described a transformer pad easement at the northeast corner of Lot 6-A. This ordinance will correct Ordinance #9515 and correctly abandon and close the transformer pad easement. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9747 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Ordinance #9748 abandoning and closing a portion of 66th Street in Section 28. Block E-2 (5502 66th Street) ORDINANCE #9748 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH STREET LOCATED IN SECTION 28, 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 the north eight feet of 66th Street between Chicago Avenue westward to the alley east of Elkhart Avenue for platting purposes. The Right -of Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9748 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. City Council Minutes November 10,1994 Page 671 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: /s/ BeM M. Johnson Secretary APPROVED AS TO CONTENT: Jim Newsome ATTEST: Julie Kremna Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Don Vandiver Houston Equipment Company CONTRACTOR By: Mauren J. Gelmartin TITLE: President Complete Address: Houston Equipment Company 2020 Jefferson Houston, Texas 77003 r Motion was made by Councilmember Cooke, seconded by L_ Councilmember Hernandez to authorize Resolution #4657 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) BID #13038--Film and Film Processing -Annual Pricing (Print Shoal. Rapid Color Photo, Inc. --Photographic Film; Photofinishing Services. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) BID #13073--Asphalt-Annual Pricing (Streets Koch Materials, Inc.--150,000 GI Asphalt MS-1 + 3% Latex; 150,000 GI Asphalt MS-2 + 3% Latex; 35,000 GI Asphalt CRS-2P + 3% Latex; 35,000 GI Asphalt Ms-1; 35,000 GI Asphalt MS-2; 35,000 GI Asphalt CRS-2. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. I.—Y& City Council Minutes November 10,1994 Page 672 (17.) BID #13074--Concrete-Annual Pricing (Streets). Lubbock Building Products--200 Lf 1/2 x 3 Expansion Joint Material; 200 Lf 1/2 x 3 1/2 Expansion Joint Material; 250 Lf 1/2 x 6 Expansion Joint Material; 200 Lf 30" Curb and Gutter Expansion Joint Material; 300 Cy Class A 5 1/2 Sack Concrete; 600 Cy Class A 5 1/2 Sack Concrete with Fibermesh; 400 Cy Class A High Early Strength Concrete; 700 Cy Class A High Early Strength with Fibermesh; 100 Cy Class A Calcium Chloride Concrete; 200 Cy Class A 6 Sack Concrete; 300 Cy Class B 5 Sack Concrete; 300 Cy Class B High Early Strength Concrete; 300 Cy Class B Calcium Chloride Concrete; 1,200 Cy Class C 4 1/2 Sack Concrete; 200 Cy Class C High Early Strength Concrete; 600 Cy 35000 PSI, 5 1/2 Sack Concrete with Fly Ash; 700 Cy Ground Stabilizer. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Ordinance #9730--Consider the second of three readings of the assessment paving ordinance for the 1993 Assessment Paving Program (Project No. 9007). ORDINANCE #9730 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE NORTH - SOUTH ALLEY ABUTTING LOTS 26 THROUGH 37, WHISPERWOOD ADDITION; THE NORTH -SOUTH ALLEY ABUTTING LOTS 38 THROUGH 54-A, WHISPERWOOD ADDITION; AND THE EAST -WEST ALLEY ABUTTING LOTS 141 THROUGH 147, WOODLAND PARK ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREETS AND AVENUES: 20TH STREET FROM KEWANEE AVENUE TO JUNEAU AVENUE; FRANKFORD AVENUE FROM 66TH STREET TO 82ND STREET; AND 98TH STREET FROM INDIANA AVENUE TO SLIDE ROAD, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). On August 25, 1994, the City Council conducted a public hearing to consider paving assessments for three alleys and three streets and conducted the first of three readings required for the paving assessment ordinance. After the public hearing, the Council made the following decisions relative to these alleys and streets. 672 City Council Minutes November 10,1994 Page 673 A. Unit A-461-34 — The north -south alley between York Avenue and Wayne Avenue from 4th Street to York Avenue. Unit A-461-35 — The north -south alley between York Avenue and Zoar Avenue from 4th Street to York Avenue. Unit A-461-36 — The east -west alley between F.M. 1730 (Slide Road) and Zoar Avenue and between 75th Street and 76th Street. Unit 2035-96 20th Street from Kewanee Avenue to Juneau Avenue. The recommendation was to pave these units as indicated on the plans and assess the abutting property owners at the calculated rate (90 percent of the paving cost and 100 percent of the curb and gutter cost) if the majority of the owners will execute an agreement stating that they believe the enhancement value is equal to the assessment rate set by the City Council. The required agreement has been signed and returned by property owners as follows: Unit A-461-34 Unit A-461-35 Unit A-461-36 Unit 2035-96 75% Signed 77% Signed 83% Signed 73% Signed B. Unit 2035-94 Frankford Avenue from 66th Street to 82nd Street. Unit 2035-95 98th Street from Indiana Avenue to Slide Road. The recommendation was to pave these units as indicated on the plans and assess the abutting property owners at the enhancement rate as determined by the appraiser with the exception of Parcel #11 of Unit 2035-95, which is to be assessed at the calculated rate. The enhancement value exceeded the calculated rate for this parcel. For the second reading, staff recommended that the ordinance be considered for approval. This action would leave all the units on the program. The council will consider the third and final reading of this ordinance after bids are received for construction of these streets and alleys. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to pass on second reading Ordinance #9730 as recommended by staff. Motion carried: 4 Yeas; 0 Nays-- Councilmember Sitton, Councilmember Hernandez and Councilmember Cooke were absent from Council Chambers. 673 City Council Minutes November 10,1994 Page 674 (19.) ZONE CASE NO. 1784-A (south of 4th Street and east of Vicksburg) --Hold a public hearing to consider request of Mike Long and Ken Flagg (for American State Bank/McDougal Development) for a zoning change from R-1 to AM Specific Use (for a branch bank) and R-1 Specific Use (for garden homes) on Lots 1-32, Block 15, a portion of Lots 17 and 18, Block 14, a portion of 5th Street between Block 14 and 15, and a portion of a 15 foot east/west alley in Block 15, Westover Heights, and consider ordinance. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1784-A; A ZONING CHANGE FROM R-1 TO AM SPECIFIC USE FOR A BRANCH BANK AND R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 1-32, BLOCK 15, A PORTION OF LOTS 17 & 18, BLOCK 14, A PORTION OF 5TH STREET BETWEEN BLOCKS 14 AND 15, AND A PORTION OF A 15 FOOT EAST/WEST ALLEY IN BLOCK 15, WESTOVER HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Neugebauer opened the public hearing at 10:52 a.m. Ken Flagg appeared on behalf of American State Bank/McDougal Development to present this request for zone change from R-1 to AM Specific Use (for a branch bank) and R-1 Specific Use (for garden homes). No one appeared in opposition. Mayor Pro Tern Neugebauer closed the public hearing at 10:56 a.m. Randy Henson, Senior Planner, presented staff comments. The subdivision between Toledo and Vicksburg was platted from 4th to 19th Street in the early 1950s. Mr. Henson gave the adjacent land uses as follows: North -4th Street, approximately half commercial and half residential South -the row of lots south of 5th Street to be developed as single family East - single family West - an apartment complex A majority of the existing lots are proposed as residential, with the north area planned as garden homes. The request for the branch bank is a minor change to the Comprehensive Land Use Plan. The sign proposed on the site plan is compatible with the AM District. The site plan also proposes a seven -foot brick fence between the branch bank and the new residential to the east. The developer is protecting the land uses on both sides of the fence. The Planning Commission recommended approval of the zone change. The staff supported the recommendation of the Planning & Zoning Commission. 674 City Council Minutes November 10,1994 Page 675 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9749 as recommended by Planning & Zoning Commission and City staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston recused and excused himself from discussion and voting on the item. (20.) ZONE CASE NO 2740 (between 35th and 36th Streets west of Avenue P.)--Hold a public hearing to consider request of A.M.T., Inc. (for J J & W, Inc.) for a zoning change from R-3 to C-4 on the north 85 feet of the east 124 feet of the south 147.5 feet of Tract 2 and the west 316 feet of Tract 2 Stubbs ivision, and consider ordinan AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2740; A ZONING CHANGE FROM R-3 TO C-4 ZONING ON THE NORTH 85 FEET OF THE EAST 124 FEET OF THE SOUTH 147.50 FEET OF TRACT 2 AND THE WEST 316 FEET OF TRACT 2, STUBBS SUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:58 a.m. Tom Anagnostis appeared on behalf of J J & W, Inc., to present this request for zone change from R-3 to C-4. No one appeared in opposition. Mayor Langston closed the public hearing at 11:02 a.m. Randy Henson, Senior Planner, presented staff comments. The property was previously a trailer park and has a history of environmental and zoning violations. The new owners have cleared and cleaned up the property. Mr. Henson gave the adjacent land uses as follows: North - heavy commercial South - high density residential zoning East - commercial and single family West - heavy commercial The proposal is consistent with adjacent zoning and uses. The proposed permitted use list eliminates 17 of the heavier C-4 uses. The proposal should have little or no effect on the overall thoroughfare system. The Planning Commission recommended this request as C-4 subject to the following permitted uses: 1. Any use conditionally or unconditionally permitted in the "C-2A," "C-2," or "C-3" Districts. 2. Ambulance Service. 3. Automobile Body Shops, outside storage limited to customer vehicles only. 4. Automobile Brake Shop. 5. Automobile Glass Shop. 6. Automobile Seat Cover and Upholstery Shop. 7. Automobile Transmission Shop. 675 City Council Minutes November 10,1994 Page 676 8. Automobile and Recreational Vehicles Sales and Service (may include body and paint shop, as accessory use). 9. Barber and Beauty Shop supply dealer. 10. Builders Supply. All materials must be in a building. 11. Cafe Supply Dealer, Fixtures. 12. Canvas Goods Shop, Tents and Awnings (no manufacturing). 13. Dairy Supply Dealer. 14. Electrical Equipment Repairs. 15. Feed Store with no grinding, packaging, or mixing of feed permitted. 16. Frozen Food Lockers. 17. Game room, Pool, Billiard and/or Domino Parlor. 18. Garage, Public, Repair (outside storage of customer automobile authorized). All work and separate parts shall be inside a building. 19. Garden Center. 20. Gasoline Service Station (business permitted outside of building and outside displays of products permitted within 3 feet of the building). 21. Greenhouse and Plant Nursery. 22. Janitorial or Cleaning Service. 23. Job Printing and Lithographing. 24. Laboratory, Chemical, General Analysis. 25. Laundry, Commercial. 26. Linen and Towel Supply Service. 27. Lumber Yard, with no mill. All materials must be in a building. 28. Magazine Agency. 29. Monument Sales (outside display permitted). 30. Motorcycle Shop, including Sales, Rentals and Service. 31. Muffler Shop. 32. Nonprofit Training Centers with Retail Sales. 33. Pest Control Service. 34. Portable Building Sales (fully constructed). 35. Print Shop. 36. Produce Market. 37. Rental Store. 38. Rental Store, Heavy Equipment and Trailers only. 39. Restaurants (business permitted outside of building). 40. Restaurants, with the sale of alcoholic beverages as an incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. 41. Secondhand Goods Store and Pawnshop. 42. Sign Shops, limited to window lettering, painted wall signs, banners and desk signs. 43. Store Fixtures Sales (no manufacturing permitted). 44. Swimming Pool, Commercial or Sales (business permitted outside building). 45. Trailer and Truck Rental Utility. 46. Upholstery Shop -Furniture. 47. Veterinary Hospital (totally within a building). 48. Wholesale House, Sales Office and storage -no cotton storage. 676 City Council Minutes November 10,1994 Page 677 The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance #9750 with conditions as recommended by the Planning and Zoning Commission and City staff. Motion carried: 7 Yeas; 0 Nays. (21.) ZONE CASE NO.2744 (1302 E. 44th Street) --Hold a Public hearing to consider request of Prime Time Christian Broadcasting for a zoning change from M-1 to M-1 Specific Use (for a television tower) on the east 150 feet of the South 100 feet of Lot 1, Block 22, Nelson Brown Addition, and consider ordinance. ORDINANCE #9751 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2744; A ZONING CHANGE FROM M-1 TO M-1 SPECIFIC USE ZONING FOR A TELEVISION TOWER ON THE EAST 150 FEET OF THE SOUTH 100 FEET OF LOT 1, BLOCK 22, NELSON BROWN ADDITION. LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:11 a.m. Al Cooper appeared on behalf of Prime Time Christian Broadcasting to present this request for zone change from M-1 to �.. M-1 Specific Use. No one appeared in opposition. Mayor Langston closed the public hearing at 11:13 a.m. Randy Henson, Senior Planner, presented staff comments. The proposed tower is within an industrial district. Mr. Henson gave the adjacent land uses as follows: North - industrial or vacant in all directions South - industrial or vacant in all directions East - industrial or vacant in all directions West - industrial or vacant in all directions The request requires Specific Use in all districts for towers. The proposed use should be compatible in the area. The change will have little effect on traffic. The Planning Commission recommended approval of this request. The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9751 as recommended by Planning and Zoning and Commission and City staff. Motion carried: 7 Yeas; 0 Nays. 677 City Council Minutes November 10,1994 Page 678 (22.) ZONE CASE NO, 2261-D (north of 66th Street and west of Chicago Avenue) --Hold a public hearing to consider request of Harold D. Long for a zoning change from GO to R-2 (for garden homes) on a tract out of Section 28, Block E-2, and consider ordinance. ORDINANCE #9752 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2261-D; A ZONING CHANGE FROM GO TO R-2 ZONING FOR GARDEN HOMES, ON A TRACT OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:14 a.m. Burl Braves appeared on behalf of Harold D. Long to present this request for zone change from GO to R-2 (for garden homes). No one appeared in opposition. Mayor Langston closed the public hearing at 11:15 a.m. Randy Henson, Senior Planner, presented staff comments and gave the adjacent land uses as follows: North - church South - duplex zoning East - apartments West - duplex zoning, part of this project According to staff memo, the request is consistent with both the Comprehensive Land Use Plan and zoning policy. The request will have little effect on traffic. The Planning Commission recommended approval of this request. The staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9752 as recommended by Planning and Zoning Commission and City staff. Motion carried: 7 Yeas; 0 Nays. _1 (23.) ZONE CASE NO. 1875-0 (south of 19th Street and east of Milwaukee Avenue) --Hold a public hearing to consider request of Med Hunt (for K & K Pro ep rties) for a zoning change from C-4 to C-4 Specific Use (for mini -warehouses) on 4.15 acres out 87 S - ViL of Section 44, Block A, and consider request ORDINANCE #9753 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUIBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1875-Q; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON 4.15 ACRES OUT OF SECTION 44, BLOCK A-K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. City Council Minutes November 10,1994 Page 679 Mayor Langston opened the public hearing at 11:16 a.m. Med Hunt appeared on behalf of K & K Properties to present this request for zone change from C-4 to C-4 Specific Use (for mini - warehouses). No one appeared in opposition. Mayor Langston closed the public hearing at 11:21 a.m. Randy Henson, Senior Planner, presented staff comments. Mini - warehouse projects require a Specific Use permit in C-4. The property currently is zoned C-4 for a heavy commercial shopping center. Mr. Henson gave the adjacent land uses as follows: North - vacant commercial South - vacant commercial East - residential West - commercial (another mini -warehouse project) According to staff memo, the request is consistent with both Comprehensive Land Use policy and the development guidelines within the Zoning Code for mini -warehouse development except for the portion which recommended that mini -warehouse projects not abut a street that is the boundary of an R-1 or R-2 Zoning District. The current C-4 zoning allows a number of heavy commercial uses that could be considered less compatible with residential than the proposed mini -warehouses. The site plan proposes a 46-foot r landscape buffer on the La Salle side. The proposal should have little effect on traffic. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9753 as recommended by the Planning and Zoning Commission and City staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer was absent from Council Chambers. (24.) ZONE CASE NO.2178-E (south of 103rd Street and west of Indiana-- Hold a public hearing to consider request of Bernie Gradel, Jr (for Craft Development) for a zoning change from R-1 to R-1 Specific Use (for garden homes) on 4.7 acres out of Section 18, Block E-2, and consider ordinance ORDINANCE #9754 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-E; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON 4.7 ACRES OUT OF SECTION 18, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. City Council Minutes November 10,1994 Page 680 Mayor Langston opened the public hearing at 11:27 a.m. Bernie Gradel, Jr., appeared on behalf of Craft Development to present this request for zone change from R-1 to R-1 Specific Use (for garden homes). No one appeared in opposition. Mayor Langston closed the public hearing at 11:28 a.m. Randy Henson, Senior Planner, presented staff comments. This request will add a tier of garden home lots in the proposed Highland Gardens subdivision. Mr. Henson gave the adjacent land uses as follows: North - single family South - single family East - church and electric substation West - single family The request is compatible with the Comprehensive Land Use Plan and zoning policy. The project will have no effect on traffic above that expected for residential. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9754 as recommended by the Planning and Zoning Commission and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Ince was absent from Council Chambers. (25.) ZONE CASE NO 2305-G (north of Amherst and west of North Utica) -- Hold a public hearing to consider request of Ken Flagg (for McDougal Construction) for a zoning change from R-1 to R-1 Specific Use (for garden homes) on a tract out of Section 22, Block A. ORDINANCE #9755 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2305-G; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:29 a.m. Ken Flagg appeared on behalf of McDougal Construction to present this request for zone change from R-1 to R-1 Specific Use (for garden homes). No one appeared in opposition. Mayor Langston closed the public hearing at 11:30 a.m. Randy Henson, Senior Planner, presented staff comments. The request is for Garden home development. Adjacent land uses are residential in all directions. According to staff memo, the request is compatible with both Comprehensive Land Use Plan policy and zoning policy. The project will have little effect on traffic. City Council Minutes November 10,1994 Page 681 The Planning Commission recommended approval of the request. The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9755 as recommended by the Planning and Zoning Commission and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Ince was absent from Council Chambers. (26.) ZONE CASE NO.2743 (west of Quaker Avenue at the approximate location of 107th Street) — Hold a public hearing to consider request of Cimarron Land Services, Inc (for Lubbock SMSA Limited Partnership) for a zoning change from A-2 to A-2 Specific Use (for a radio tower) on a tract out of the northeast quarter of Section 16. Block E-2, and consider ordinance. ORDINANCE #9756 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2743; A ZONING CHANGE FROM A-2 TO A-2 SPECIFIC USE ZONING FOR A RADIO TOWER ON A TRACT OUT OF THE NORTHEAST QUARTER OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:31 a.m. Bob Cornelson appeared on behalf of Lubbock SMSA Limited Partnership to present this request for zone change from A-2 to A-2 Specific Use (for a radio tower). No one appeared in opposition. Mayor Langston closed the public hearing at 11:32 a.m. Randy Henson, Senior Planner, presented staff comments. All requests for telephones, radio and TV towers are Specific Use. Mr. Henson gave the adjacent land uses as follows: North - vacant South - vacant - city limit East - power sub -station West - vacant The Planning Commission recommended approval of the request. The staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to pass on first reading Ordinance #9756 as recommended by the Planning and Zoning Commission and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Ince was absent from Council Chambers. City Council Minutes November 10,1994 Page 682 (27.) Hold a public hearing to consider an appeal of denial by the Planning_and Zoning Commission for deletion of the RV Ordinance, Mayor Langston opened the public hearing at 11:39 a.m. and then called for a recess at 12:05 p.m. The meeting reconvened at 1:32 p.m. The following citizens appeared in favor of deletion of the RV Ordinance: Billy Sims, JoAnn Garoutte, Nancy Pritchett, Cecil Puryear, Jack Harkins, Ken Phillips, Mary Marlene Moore, Mikel Ward, Alvin Ceswater, and Betty Harkins. These citizens' opposition concentrated on property owners' rights, lack of evidence that accidents have been caused by RVs parked in residential areas, unwillingness of RV owners to recommend Lubbock as an RV rally or convention site because of the RV Ordinance, and inconvenience and vandalism problems with parking RVs in off -site storage facilities. The following citizens appeared in opposition to deletion of the RV Ordinance: Bob Schmidt, H. B. Reaves, and Merle Blosser. Their testimony concentrated on the extensive research that went into passage of the RV Ordinance and the negative effect of non- conforming circumstances (such as RVs) on property values. Mayor Langston closed the public hearing at 2:17 p.m. Randy Henson, Senior Planner, presented staff comments. In 1986 and 1987, a citizen group was appointed to review the circumstances of parking for recreational vehicles in single family areas of Lubbock. Since 1941, residential single-family units have been built on lots with a required front setback, most commonly 25 feet. Some of the older subdivisions were built with 32 feet of setback. The purpose of the front setback in the single family Zoning District is related to several of the stated purposes of the Zoning Code: 1. To provide adequate light and air 2. To prevent the overcrowding of structures 3. To provide safety from fire and other dangers 4. To promote and protect the aesthetic quality of the city The original deliberations of the Planning Commission and City Council, during a series of hearings, focused primarily on the safety aspects of placing these often large vehicles within the front yard setback. Testimony at those hearings clearly and accurately represented that often there are other visual obstructions in front yards that create view obstructions, but the Commission and Council stayed the course that staff were only discussing RVs during consideration of this ordinance. - City Council Minutes November 10,1994 Page 683 A series of photographic studies in preparation for the 1987 hearing verified that a typical length RV parked in the driveway at most Lubbock homes would cause the rear end of a car leaving that driveway, or the drive next door, to be at least across the sidewalk. if not actually in the street, before the driver would be able to see up and down the street. This visual obstruction is a hazard for both users of the sidewalk and vehicles passing on the street. Aesthetic concerns were expressed during the hearings also, with many of the telephone calls to staff members supporting the passage of the ordinance because of the callers' dislike of the looks of an RV in their neighborhood. However, many of the callers would not openly support the ordinance because they did not want to be in an adversarial relationship with their neighbors who are RV owners and who are otherwise very good neighbors. Important events that have taken place since 1986 include: 1. 1986-87 - original study and hearings. 2. In August/September, 1987 - Ordinance No. 9092 was made a part of the Zoning Code. 3. The September 1987 deadline was included in Ordinance 9045 for all vehicles, including RVs, to be parked on a paved surface in the front yard. 4. The December 1988 deadline was established, after which a new RV could not be placed in the front setback of the lot. This 15-month window allowed those who wished to use the five year compliance period to either ease into the ordinance or amortize parking pad expense. 5. December 31, 1992, is the date which has generated these discussions. On January 1, 1993, no recreational vehicle, oversized recreational equipment or trailer was supposed to be parked in the front yard setback in single-family residential areas. 6. In August and September 1992 approximately 600+ letters of information were mailed to owners of property where RV units were parked. 7. In August, 1992 - a newspaper insert was in the Avalanche Journal which included information about the upcoming deadline. In October and November 1992, the staff completed a review of the Ordinance with the Zoning Board of Adjustment, since variance requests are heard by the ZBA. To date, approximately 20 requests for variances based on hardships or peculiarities of the parcel have been presented to the ZBA. The function of the ZBA is to hear and weigh requests to vary the Zoning Code, and many of the hardship cases have been approved. The Zoning Board of Adjustment considers remaining setback and is very sensitive to neighborhood comments. City Council Minutes November 10,1994 Page 684 A major issue was made during the Planning Commission hearing that these restrictions are not in force in other cities. A phone poll conducted on October 20, 1994, by Randy Henson revealed the following information (* notes control of RVs): Abilene — no control Amarillo — no control Arlington — RVs up to 30 feet allowed on paved surface, all of the RVs must be on private property Corpus Christi — no control - parking on paved required *Dallas — no trailers (RVs included), in front yard setback *Grand Prairie — no trailers (including RVs), in front yard *Midland — no RVs and most trailers allowed in front yard setback Odessa — no control *Plano — normally not allowed. Can be stored in front yard under certain conditions. The Planning Department is of the opinion that the ordinance is an asset to the Community for the sake of both safety and aesthetics and proposed no amendment to the Code. If for any reason Council wants to amend or repeal the ordinance, it will be brought back at a subsequent Council meeting. With a denial of the request to change the zoning code by the Planning Commission, a 6/7 vote of the Council is required to overrule the Commission (whether to delete the ordinance or to amend the ordinance). City Attorney John Ross spoke to the constitutionality of the Ordinance, stating that the constitutionality of the Ordinance must be decided in a court of law, not by the City Council. Mr. Henson confirmed that violations of the RV Ordinance are responded to on a complaint basis. He further indicated that the Zoning Board of Adjustment (ZBA) hears requests for variances to the Ordinance and that ZBA has granted numerous variances. Councilmember Hernandez voiced his opposition to the RV Ordinance, stating that he believes the only meritorious argument for the Ordinance is to promote and protect the aesthetic quality of the City, but the argument is not of sufficient magnitude to warrant upholding the RV Ordinance. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Neugebauer to uphold the RV Ordinance as recommended by the Planning and Zoning Commission and City staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Hernandez. C:1*1 1 City Council Minutes November 10,1994 Page 685 (28.) Consider Resolution #4659 authorizing'_ the Mayor to execute a contract of sale for the purchase of Lot 3, George Addition (502 N. I-27�, RESOLUTION #4659 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 purposes and public purposes, to -wit: for a street department salt storage facility, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such lands as needed for such purposes as aforesaid; NOW THEREFORE: 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 the Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot Three (3), George Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 783, Page 27 of the Deed Records of Lubbock County, Texas. SAVE AND EXCEPT that portion of subject property awarded to the State of Texas by that certain "Agree Judgment" dated April 2, 1992 recorded in Volume 3831, Page 221 of the Real Property Records of Lubbock County, Texas, and being further described as follows: BEGINNING at a point at the most Westerly Southwest corner of said Lot 3, and in the East right-of-way line of North Avenue H, said point being 388.00 feet North 87°36' 15" West of a point in a North -South line of said Lot 3; THENCE N. 02023'42" East, along the West line of said Lot 3 and in the East right-of-way line of North Avenue H, a distance of 128.21 feet to a point, being the Northwest corner of said Lot 3; THENCE N. 02002'27" East, along the East right-of-way line of North Avenue H, a distance of 1.32 feet to a point in the North line of said tract; THENCE S. 87037'08" East, a distance of 44.70 feet to a point in the East line of said tract; THENCE S. 04035'44" East, a distance of 1.49 feet to a point in the North line of said Lot 3, continuing on a distance of 129.02 feet in Lot 3, in all, a distance of 130.51 feet to a point, in the most Northerly South line of said Lot 3; THENCE N. 87036' 15" West, along the most Northerly South line of said Lot 3, a distance of 60.58 feet to the POINT OF BEGINNING. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the purchase of the above described real property for the sum of $69,989.40. 685 City Council Minutes November 10,1994 Page 686 SECTION 3. THAT if the above Contract of Sale is not executed by November 11, 1994, by the owners of the above -described property, such owners being JAMES TRUETT MOORE, being one and the same person as James T. Moore and Jim T. Moore, and SHEILA SUE SWANSON, RHONDA GAYLE LITSEY, TERESA MICHELLE BELL, RANDELL SCOTT MOORE, SHERMAN A. HOPE, and SHERMORE DEVELOPMENT COMPANY, the City Attorney of the City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said property for the municipal purposes and public purposes as aforesaid. Passed by the City Council this 1 Oth day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Contract of Sale is filed with Resolution #4659. Ed Bucy, Right -of -Way Agent, presented staff comments. This 160,890.04 sq. ft. (3.69 acres) platted tract of land is located along the 500 block of North I-27 and is needed by the Street Department for a salt storage facility. The owners of this tract of land are James Truett Moore, Sheila Sue Swanson, Rhonda Gayle Litsey, Teresa Michelle Bell, Randell Scott Moore, Sherman A. Hope, and Shermore Development Company. They have all agreed to sell. This property was recently listed on the market for sale for $83,100. The Appraisal District has this property valued at $83,542. The owners have agreed to sell for $69,984.40. There are several years' back taxes due on the property and a materials and mechanic's lien on the property, all of which will be subtracted from the sale price at closing. This property acquisition was approved in the capital projects budget for fiscal year 1994-95. The Right -of -Way Department recommended the acquisition of this property. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution #4659 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Ince was absent from Council Chambers. .:. City Council Minutes November 10,1994 Page 687 (29.) Consider Resolution #4652 amending the Capital Proigsh Budget to include a project to convert Main Street and loth Street east of Avenue 60 two-way streets. RESOLUTION #4652 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: $50,000 shall be provided from the Traffic Control System Capital Projects Fund (Unallocated Bond Proceeds from the 1993 Bond Sale) to fund the "Main and 10th Conversion' project in the Traffic Control System Capital Projects Fund. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. Passed by the City Council this 1 Oth day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Hindman Mark Hindman, Director of Support Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Following the citizen appearance by Bob Johnson and others regarding conversion of Main Street and 1 Oth Street to two-way traffic, Jere Hart, City Traffic Engineer, indicated that sufficient bond funds currently exist in the unreserved/undesignated fund balance of the Traffic Control System Capital Projects Fund to finance this capital project, which is estimated to cost $50,000. City Council Minutes November 10,1994 Page 688 Staff recommended passage of the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4652 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution #4660 authorizing the Mayor to execute a contract with Parkhill, Smith & Cooper, Inc., for professional engineering services for the City of Lubbock's Master Drainage Plan and Drainage Manual. RESOLUTION #4660 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 for Engineering Services by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., 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 10th day of November, 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 D. Hertel Larry D. Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement for Engineering Services is filed with Resolution #4660. Larry Hertel, City Engineer, presented staff comments. On January 27, 1994, the City staff made a presentation to the City Council to review and prioritize possible drainage projects that could be funded with revenues from the Storm Water Utility. The preparation of the Master Drainage Plan and the Drainage Manual was listed as the highest rated priority project, based on current drainage needs and on recommendations by the Playa .:: City Council Minutes November 10,1994 Page 689 Lake/Drainage Study Committee and the Storm Water Advisory Committee. The City Council concurred with this recommendation and authorized City staff to proceed with the preparation of a Request for Proposal (RFP) to select an engineering firm to provide the required professional services. The Council also authorized $500,000 to fund this project with revenues from the Storm Water Utility. RFPs were issued by the Purchasing Department, with the deadline for response set for May 11, 1994. A review committee was appointed by City Manager Bob Cass. Parkhill, Smith & Cooper, Inc. (PSC) was recommended to provide the requested professional services. Consequently, the staff proceeded with contract negotiations. Based on the RFP requirements, the staff requested PSC to submit a cost proposal including the undeveloped and partially developed areas of the city and its ETJ. This corresponded to approximately 250 square miles. PSC's proposal was over $1.4 million, which greatly exceeded the funds allocated for this project. After careful examination of this proposal and several negotiations with PSC, the staff asked PSC to submit a second proposal with reduced project areas, scope of work, and several person -hour allocation adjustments. Also, PSC was requested to submit separate proposals for some project areas that could be added to this second proposal, should the Council authorize additional funding for this project. After PSC submitted this new proposal, the staff again examined them in detail and held several meetings with PSC until an agreement on cost and scope of work was reached. The following is a summary of project areas and cost of services. A. Basic Engineering Services The Basic Engineering Services include: 1. Aerial Mapping Assistance $3,823 2. Advisory Group Meetings $16,089 3. Drainage Manual $109,200 4. Master Drainage Plan $283,463 5. GIS InterFace $87,025 Total Basic Engineering Services $499,600 B. Additional Study Areas Area I $37,743 Area II $35,116 Area III $22,342 Area IV $18,173 Total Additional Areas $113,374 Total Project Cost Incl. Additional Areas $612,974 .:• City Council Minutes November 10,1994 Page 690 Staff recommended that the Council authorize funding of the additional study areas which will provide a more comprehensive Master Drainage Plan and approval of the resolution authorizing the Mayor to execute a contract with Parkhill, Smith & Cooper, Inc. for $612,974, including Basic Scope of Services plus all additional areas. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4660 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Ince was absent from Council Chambers. (31.) Consider Resolution #4661 amending the City Budget to provide additional funding for the Chy's Master Drainage Plan (Project No. 9002� RESOLUTION #4661 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: $113,374 shall be provided from Fund 293 (Stormwater Utility Enterprise Fund/Reserve for Capital Projects) to provide additional funding for a stormwater capital project to provide for a Master Drainage Plan and Drainage Manual for the City of Lubbock (Project No. 9002). SECTION 2. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. Passed by the City Council this 1 Oth day of November, 1994. ATTEST: /s/ Betty A -Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/s/terry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR .•• City Council Minutes November 10,1994 Page 691 Larry Hertel, City Engineer, presented staff comments. This resolution will provide additional funding to perform any or all of four additional areas to be included in the Master Drainage Plan. The individual area totals are as follows: Area I (N.W. Lubbock) $37,743 Area II (N.W. Lubbock) $35,116 Area III (N.E. Lubbock) $22,342 Area IV (South Lubbock) $18,173 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4661 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Ince was absent from Council Chambers. (32.) Consider Resolution #4662 authorizing the Mayor to sigp a contract with the Texas Department of Housing & Community Affairs to assist low to moderate income families with weatherization services. RESOLUTION #4662 WHEREAS, the City of Lubbock has been offered a Contract from the Texas Department of Housing and Community Affairs to administer a Weatherization Plus Program to weatherize the homes of low to moderate income families in Lubbock County; and WHEREAS, the City Council of the City of Lubbock believes it to be in the best L. interest of the health, safety and welfare of the citizens of the County of Lubbock to make it possible for low to moderate income families to conserve energy and to reduce their energy costs; NOW THEREFORE: 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 with the Texas Department of Housing and Community Affairs for the Weatherization Plus Program in the anticipated amount of $80,135.00 for the period of September 1, 1994 through August 31, 1995. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 691 City Council Minutes November 10,1994 Page 692 Passed by the City Council this 1 Oth day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Tony Reyes Tony Reyes, Housing & Rehabilitation Coordinator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Contract is filed with Resolution #4662. Tony Reyes, Housing Rehabilitation Coordinator, presented staff comments. The City of Lubbock has participated in the State Weatherization Program for several years. This new program provides replacement of windows, doors, and installation of attic insulation, weather-stripping, and other cost cutting weatherization repairs. The total weatherization grant is $80,135 and the contract period is from September 1, 1994, to August 31, 1995. The program allows funding for 95 percent for direct services, and 5 percent for program support. No funds from this contract may be expended for administrative costs. Staff recommended approval of this contract. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4662 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Ince was absent from Council Chambers. (33.) Consider Ordinance #9757 amending Sec 28-98 (2) of the Code of Ordinances regarding limits for fats, oils, and grease discharged into the wastewater collection system ORDINANCE #9757 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DISCHARGE OF WASTEWATER CONTAINING FAT, OIL OR GREASE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. M- 10Y City Council Minutes November 10,1994 Page 693 Terry Ellerbrook, Interim Director of Water Utilities, presented staff comments. Recent changes in federal statutes (RCRA, Subtitle D) are altering the manner in which liquid waste produced by various commercial operations with the City are handled. Prior to passage of these regulations, the landfill received approximately 19,000 gallons of waste grease per day. The new regulations have prohibited the acceptance of this type of waste at the landfill since October 9, 1993. As a result, the cost of disposing grease trap waste by commercial and industrial users has increased substantially. As a result of increased disposal costs, many grease producers (primarily food establishments) have elected to simply let grease accumulate in their grease traps and then flow into the wastewater collection system. Since the imposition of Subtitle D landfill regulations, the amount of grease received at the landfill has fallen from 19,000 gallons per day to approximately 4,000 gallons per day. It is assumed that the difference (15,000 gallons per day) is entering wastewater collection system and the wastewater treatment plant. Grease waste which enters the wastewater treatment plant interferes with the treatment processes and has contributed to TNRCC permit violations. TNRCC noted in a recent inspection of Lubbock's Southeast Water Reclamation Plant that grease is becoming a problem. Furthermore, pending legislation will soon empower the TNRCC and EPA to levy new fines for sewer system overflows due to sewer line blockages from grease or other material. �. In response to this problem, the staff proposed a change in the sewer ordinance. The ordinance currently limits the discharge of fats, oils, and grease into the wastewater collection system to 100 milligrams per liter. Staff recommended that this limit be raised to 250 milligrams per liter. This is a reasonable limit which is attainable by users and which will protect the wastewater system. In addition to the proposed ordinance change, staff recommended revising the process associated with enforcement of the ordinance. The current enforcement process takes approximately 90 days. Some users temporarily comply long enough for the 90-day process to begin again. Thus, many of the violations are of a recurring nature. The proposed enforcement process reduces the time to comply to 10 days. The new process allows the users sufficient time to correct the problem which discourage repeat offenders through fines levied by the Municipal Court Judge. Staff contacted the Legal Department and the Municipal Court Judge about the proposed program and both indicated that this was a legal and workable approach to solving the grease problem. No ordinance changes are necessary for this program and this approach can be applied to other aspects of the Sewer Ordinance as required to ensure compliance. 693 City Council Minutes November 10,1994 Page 694 In an effort to inform the businesses potentially impacted by this change the staff met with the Lubbock Restaurant Association executive board on October 5, 1994. Following this meeting, information was provided to the association for their newsletter to explain both the problems associated with grease and recommended solutions. On October 18, 1994, approximately 750 letters were sent to local businesses which may be impacted by the proposed changes. Following this mailout, the staff received approximately 10 telephone inquiries concerning the proposal, primarily concerning sampling locations, or other technical questions. Staff recommended this ordinance amendment. Chris Lonngren, President of the Restaurant Association, indicated that he was initially concerned about the period for compliance prior to a citation being issued but that the City staff has clarified the procedures and he has no opposition to the ordinance amendment. Mr. Lonngren complimented the City staff on their spirit of cooperation with the restaurant community. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance 99757 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (34.) Consider a joint election resolution with Lubbock Independent School District authorizing the January 21, 1995, Special Election to be a joint election. RM�Ulxlj- WHEREAS, the City of Lubbock and Lubbock Independent School District are both conducting elections on January 21, 1995; and WHEREAS, Sec. 271.002 of the Texas Election Code provides for joint elections when elections are to be held upon the same day by two or more political subdivisions occupying all or part of the same territory; and WHEREAS, it is deemed to be in the best interest of the citizens residing in the City of Lubbock and in Lubbock Independent School District to have a joint election on January 21, 1995, pursuant to the above cited provision of the Election Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY: THAT a joint election of the City of Lubbock and Lubbock Independent School District will be held on January 21, 1995, under provisions of the Texas Election Code and other applicable law and in accordance with the following agreed terms: 1) That common precinct boundaries and voting places shall be designated by each governing body so far as is practical and expedient. 2) That a single set of election officers shall be agreed upon and designated by both political subdivisions for the conduct of the election within the City of Lubbock. Such officers must be qualified to serve for both political subdivisions at those precincts located within the City of Lubbock. City Council Minutes November 10,1994 Page 695 3) That the election will be administered by Ms. Betty M. Johnson, City Secretary of the City of Lubbock, within the city limits of the City of Lubbock with Ms. Patti Flanagan of Lubbock Independent School District serving as assistant election official. 4) That there will be joint early voting conducted which shall commence on the 3rd day of January 1995 and be conducted at the office of the City Secretary on weekdays, other than City holidays, during the regular hours of business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M. and at branch offices for personal appearance at South Plains Mall, 6002 Slide Road; Lubbock Independent School District Administrative Offices, 1628 19th Street; Alderson Junior High School, 219 Walnut; Monterey High School, 3211 47th; Coronado High School. 3307 Vicksburg; Lubbock High School, 2004 19th; Estacado High School, 1504 E. Itasca; Texas Tech University Center on the Texas Tech University Campus; Texas Tech University Recreation/Aquatic Center on the Texas Tech University Campus; Lubbock Municipal Coliseum, 4th Street and Boston Avenue; Albertsons Supermarket No. 4102, 302 University Avenue; United Supermarket No. 543, 8201 Quaker Avenue; United Supermarket No. 505, 401 Slide Road. The hours and days of voting at the branch early voting locations are as follows: South Plains Mall: January 3, 1995 - January 6, 1995, 8:00 A.M. - 6:00 P.M. January 7, 1995, 10:00 A.M. - 6:00 P.M. January 8, 1995, 1:00 P.M. - 6:00 P.M. January 9, 1995 - January 13, 1995, 8:00 A.M. - 6:00 P.M. January 14, 1995, 10:00 A.M. - 6:00 P.M. January 15, 1995, 1:00 P.M. - 6:00 P.M. January 16, 1995 - January 17, 1995, 8:00 A.M. - 8:00 P.M. Lubbock Independent School District Administrative Offices: January 3, 1995 - January 6, 1995, 8:00 A.M. - 5:00 P.M. January 9, 1995- January 13, 1995, 8:00 A.M. - 5:00 P.M. January 16, 1995 - January 17, 1995, 8:00 A.M. - 5:00 P.M. Alderson Junior High School: January 9, 1995 - January 13, 1995, 8:00 A.M. - 5:00 P.M. January 16, 1995 - January 17, 1995, 8:00 A.M. - 5:00 P.M. Monterey High School: January 3, 1995, 5:00 P.M. - 9:00 P.M. January 9, 1995 - January 13, 1995, 8:00 A.M. - 5:00 P.M. January 16, 1995 - January 17, 1995, 8:00 A.M. - 5:00 P.M. Coronado High School: . January 13, 1995, 5:00 P.M. - 9:00 P.M. Lubbock High School: January 14, 1995, 12:00 Noon - 8:00 P.M. Estacado High School: January 17, 1995, 5:00 P.M. - 9:00 P.M. Texas Tech University Center: January 17, 1995, 8:00 A.M. - 5:00 P.M. 695 City Council Minutes November 10,1994 Page 696 Texas Tech University Student Recreation/Aquatic Center: January 7, 1995, 10:00 A.M. - 2:00 P.M. Lubbock Municipal Coliseum: January 11, 1995, 6:00 P.M. - 9:30 P.M. January 14, 1995, 6:00 P.M. - 9:30 P.M. Albertsons Supermarket No. 4102 (Town & Country Shopping Center): January 3, 1995 - January 6, 1995, 10:00 A.M. - 6:00 P.M. January 9, 1995 - January 13, 1995, 10:00 A.M. - 6:00 P.M. January 16, 1995 - January 17, 1995, 10:00 A.M. - 6:00 P.M. United Supermarket No. 543 (Kingsgate Shopping Center): January 3, 1995 - January 6, 1995, 10:00 A.M. - 6:00 P.M. January 9, 1995 - January 13, 1995, 10:00 A.M. - 6:00 P.M. January 16, 1995 - January 17, 1995, 10:00 A.M. - 6:00 P.M. United Supermarket No. 505 (Fourth Street and Slide Road): January 3, 1995 - January 6, 1995, 10:00 A.M. - 6:00 P.M. January 9, 1995 - January 13, 1995, 10:00 A.M. - 6:00 P.M. January 16, 1995 - January 17, 1995, 10:00 A.M. - 6:00 P.M. 5) That the preparation of election supplies, contacting of appropriate officials and all other routine matters within the City of Lubbock shall be the responsibility of both parties acting jointly. 6) That each political subdivision shall be responsible for posting its own notices and maintain records pertaining solely to its own election as custodian of its own records. Each political subdivision also shall be responsible for preparing its own ballot for its own election. 7) That the official canvassing of ballots and announcement of results shall be done individual by each governing body. 8) That separate ballots and separate ballot boxes shall be used for this election. 9) That each entity shall pay half of the common costs attributable to the joint election activities necessary for the conduct of this election. Resolved by the City Council on this 1 Oth day of November, 1994. ATTEST: / /s Betty M. Johnson Betty M. Johnson, City Secretary /s/ David R. Langston DAVID R. LANGSTON, MAYOR .•. City Council Minutes November 10,1994 Page 697 Resolved by the Board of Trustees of Lubbock Independent School District this 1 Oth day of November, 1994. /s/ Bill Miller Bill Miller, President ATTEST: /s/ Roy T. Grimes Secretary The Order and Notice of Special City Elections along with Exhibits A and B are filed with Resolution #4663. City Secretary Betty Johnson presented staff comments. The City of Lubbock and Lubbock Independent School District are both conducting elections on January 21, 1995. It is deemed to be in the best interest of the citizens of Lubbock to have a joint election, resulting in significant cost savings to both entities and convenience to the voters. Presented for Council consideration was a joint election resolution. The terms set forth in the resolution are as follows: Use of the same polling places and election officials. 2. Betty Johnson, City Secretary, as election administrator and Patti Flanagan, LISD representative, as assistant election officer. 3. Conduct of early voting by personal appearance, with City Hall as the main early voting polling place and 11 other locations, either for the entire early voting period or for a limited portion of the early voting period. 4. Each political subdivision shall be responsible for posting its notices, maintaining its official election records, and preparing its ballot. 5. Each political subdivision shall pay its proportionate share of common costs. 6. Separate ballots and separate ballot boxes shall be used for this election and the sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. Staff recommended approval of this joint election resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4663 as recommended by staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Ince. Ml► City Council Minutes November 10,1994 Page 698 (35.) Consider Ordinance #9758 amending Ordinance No. 9744 ordering a special election to be held on January 21, 1995, for the purpose of voting for or against the adoption of 3/8 of 1 % sales and use tax within the City of Lubbock for economic development including the purchase of land, construction, maintenance, and operation costs of a municipally -owned multipurpose facility to be used for sports athletic, entertainment, tourist. and in convention purposes and activities pursuant to section 4B of Article 5190.6 of Vernon's Civil Statutes Annotated. ORDINANCE #9758 AN ORDINANCE AMENDING ORDINANCE NO. 9744 ENACTED ON OCTOBER 14, 1994, ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 21, 1995, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF THREE -EIGHTHS (3/8) OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY OF LUBBOCK FOR ECONOMIC DEVELOPMENT WITH REGARD TO CONDUCTING SUCH ELECTION AS A JOINT ELECTION WITH LUBBOCK INDEPENDENT SCHOOL DISTRICT AND WITH REGARD TO AMENDING THE EARLY VOTING PLACES AND TIMES AS A RESULT OF THE CHANGE TO A JOINT ELECTION WITH LUBBOCK INDEPENDENT SCHOOL DISTRICT; AND AMENDING SECTION 8-4 OF THE CODE OF ORDINANCES WITH REGARD TO THE POLLING PLACE FOR VOTING PRECINCT NO. 75. City Secretary Betty Johnson presented staff comments. On October 14, 1994, the City Council passed on second reading Ordinance No. 9744 that set out the ballot language for the 3/8 of 1 percent sales and use tax for the multipurpose facility. The amendment to the ordinance is necessary to include the joint election wording and to add early voting branch polling places. Staff recommended approval of this ordinance amendment. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9758 as recommended by staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Ince. (36.) Consider Ordinance #9759 amending Ordinance No 9745 ordering a special election to be held on January 21, 1995, fo posr the pure of voting for or against the adoption of an additional sales and use tax within the City of Lubbock at the rate of 1/8 of 1% to be used to reduce the �ropea tax rate pursuant to chapter 321 of the tax code AN ORDINANCE AMENDING ORDINANCE NO. 9745 ENACTED ON OCTOBER 14, 1994, ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 21, 1995, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX WITHIN THE CITY AT THE RATE OF ONE -EIGHTH (1/8) OF ONE PERCENT TO BE USED TO REDUCE THE PROPERTY TAX WITH REGARD TO CONDUCTING SUCH ELECTION AS A JOINT ELECTION WITH LUBBOCK INDEPENDENT SCHOOL DISTRICT AND WITH REGARD TO AMENDING THE EARLY VOTING PLACES AND TIMES AS A RESULT OF THE CHANGE TO A JOINT ELECTION WITH LUBBOCK INDEPENDENT SCHOOL DISTRICT. .•: City Council Minutes November 10,1994 Page 699 City Secretary Betty Johnson presented staff comments. On October 14, 1994, the City Council passed on second reading Ordinance No. 9745 that set out the ballot language for the 1/8 of 1% sales and use tax for reduction of the property tax. An amendment to this ordinance is necessary to include the joint election wording and to add early voting branch polling places. Staff recommended approval of this ordinance amendment. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9759 as recommended by staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Ince. (37.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 (11(A) to discuss pending or contemplated litigation (Human Resources, Parks Department, Planning Department, and Water Utilities), (38.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072 to discuss real propga (Right -of -Way Department), (39.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551,074 (a)(1) to discuss personnel matters (.City Manager). (40.) 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 1Q Board of Electrical Examiners Building Board of Appeals Community Development Advisory Committee Housing Standards Commission Lubbock Arts Alliance, Inc. Grants Review Committee Lubbock Libraries Board Neighborhood Redevelopment Commission/ Urban Renewal Board of Commissioners/ Southeast Lubbock Development Corporation Public Responsibility Committee (Lubbock Regional MHMR Center) (41.) Confirm appointment of Sabra Srader, Arden Hawkins and Mickie Webb to the Lubbock Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Arden Hawkins, Mickie Webb and Sabra Srader to the Public Transit Advisory Board. Motion carried: 7 Yeas; 0 Nays. WE City Council Minutes November 10,1994 Page 700 (42.) Confirm appointment of James Brennan to the Citizens Traffic Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint James Brennan to the Citizens Traffic Commission. Motion carried: 7 Yeas; 0 Nays. (43.) Confirm appointment of San Juana Chavez, Bennie Sims and Sharon Robinson to the Community Development Advisory Committee. - Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint San Juana Chavez, Bennie Sims and Sharon Robinson to the Community Development Advisory Committee. Motion carried: 7 Yeas; 0 Nays. (44.) Confirm appointment of Eric Strong and Maria Montes to the Community Services Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Eric Strong and Maria Montes to the Community Services Commission. Motion carried: 7 Yeas; 0 Nays. (45.) Confirm appointment of Dr. Michael Ward to the Lubbock Health Facilities Development Corporation. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Dr. Michael Ward to the Lubbock Health Facilities Development Corporation. Motion carried: 7 Yeas; 0 Nays. (46.) Confirm reappointment of Jim Beyers and William McCay and appointment of Tim Hatch to the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to reappoint Jim Bevers and William McCay and to appoint Tim Hatch to the Planning and Zoning Commission. Motion carried: 7 Yeas; 0 Nays. 700 City Council Minutes November 10,1994 Page 701 There being no further business to come before Council, motion was made by Councilmember Patterson, seconded by rYeas; ilmem Hernandez to adjourn the meeting at 4:17 p.m. Motion carried: 60 Nays-- ncil n was from Council Chambers. ATTEST: Betty M. Johnso , City Secretary Read and approved this the 17th day of N ATTEST: Betty M. Johnson, tity Secretary DAVID R. LANGSTON, Mjk)VOR 701