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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/9/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 9, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 9th day of November 1995, 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 10:35 A.M. ( 1.) The Invocation was given by Cliff Wright, Jr., Pastor of First United Methodist Church. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Board Appointments. (4.) Margie Jefferson appeared to recognize Councilmember T.J. Patterson for his work with the neighborhoods and gangs in the community. Ms. Jefferson recognized Councilmember Patterson for his work with the marches against drug use and gang violence in East Lubbock. Councilmember Patterson has been instrumental in organizing several marches against these detrimental factors in our community. His hands-on approach has been well received by the community and the Police Department. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the minutes of the October 19, 1995, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. City Council Meeting November 9, 1995 Page 748 (6.) ORDINANCE #9848--Amending Chapter 12, Article IX., Smoking in Public Places. ORDINANCE #9848 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PUBLIC HEALTH BY AMENDING ARTICLE IX WITH REGARD TO DEFINITIONS; WITH REGARD TO THE PENALTY FOR VIOLATION; WITH REGARD TO ENFORCEMENT RESPONSIBILITY; WITH REGARD TO PROHIBITING SMOKING IN GOVERNMENT BUILDINGS; WITH REGARD TO SIGNAGE REQUIRED WHEN SMOKING IS PERMITTED; WITH REGARD TO POSSESSION OF TOBACCO BY MINORS; WITH REGARD TO SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS FOR SALE; WITH REGARD TO DISTRIBUTION OF FREE SAMPLE TOBACCO PRODUCTS TO MINORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9848. Prior to the vote on the original motion, motion was made Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to amend the original motion to add Section 12-248 regarding signage requirements. Motion to amend carried: 6 Yeas; 1 Nay--Councilmember Ince. Motion was made by Councilmember Sitton, seconded by Mayor Pro Tem Neugebauer to amend the original motion to add a section declaring all municipal buildings as smoke -free environments, with the exception of the lounge area at Lubbock International Airport. Motion to amend failed: 3 Yeas; 4 Nays--Councilmember Hernandez, Councilmember Ince, Councilmember Patterson and Councilmember Cooke. Original motion with one amendment carried: 7 Yeas; 0 Nays. (7.) Consider Resolution #5002 authorizing the Mayor to execute an agreement with Parkhill Smith & Cooper for professional engineering services in association with amending and submitting an application to the FAA for passenger facility charges. RESOLUTION 45002 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., for professional engineering services necessary to assist the City to amend its Passenger Facility Charge application, 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. City Council Meeting November 9, 1995 Page 749 Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Aviation Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., is filed with Resolution No. 5002. According to staff memo, passenger Facility Charges (PFC's) were authorized by Congress in 1990 to provide airports with capital project funding to preserve and enhance the safety, capacity, and security of the national air transportation system. These charges are imposed on a per passenger ticket basis and can range from $1.00 - $3.00, depending on the length of collection needed to raise the funds required for the projects. In 1993 the City of Lubbock received approval of its application to impose PFC's at Lubbock International Airport. The projects included in that application chosen for implementation are the air cargo ramp and taxiway, airfield pavement and signage improvements, emergency access roads, security access control and fencing improvements, a sweeper for the air carrier ramp, fire rescue vehicles, and land acquisition. These projects have been completed or are in the final stages of completion. It is now necessary to amend the original application to revise the project list and to adjust the amounts of the active and completed projects based on actual project costs. It is also necessary to submit another original application for eligible projects scheduled in the next 4-5 years as derived from the Airport Master Plan previously approved by the Council. Projects for the new application include the terminal graphics and signage project, extension of the east -west air carrier runway, reconstruction of the north -south air carrier runway, improvement to the terminal entrance roadway and street in front of the terminal, and installation of an elevator in the terminal lobby to assist persons with disabilities. 749 City Council Meeting November 9, 1995 Page 750 The FAA has recommended that a consulting engineer be retained to assist with the application process due to its extensive technical requirements. Parkhill Smith & Cooper successfully completed the City's first PFC application and has extensive experience in the FAA process. The proposed agreement for the PFC amendment and application is for a lump sum fee of $14,940.00. This amount is eligible for recovery from the PFC's imposed and will be included in the application. Staff recommended that the agreement with Parkhill Smith & Cooper be approved. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution 45002 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) Consider Resolution 95003 accepting paving improvements constructed by Zahn Paving, Inc., in Renaissance Park Addition, Lots 1-42. RESOLUTION #5003 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES AND ALLEYS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-42, Renaissance Park Addition, made arrangements with Zahn Paving, Inc. for the construction of paving improvements on certain streets, avenues and alleys dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets, avenues and alleys: 5th Street from the West lip line of Toledo Avenue to the elbow cul-de- sac at Vale Avenue, known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2036. Topeka Avenue from the North lip line of 5th Street to the cul-de-sac South of 4th Street, known and designated as New Subdivision Sub -Unit Number 79 of Unit Number 2036. Troy Avenue from the North lip line of 5th Street to the cul-de-sac South of 4th Street, known and designated as New Subdivision Sub -Unit Number 80 of Unit Number 2036. Utica Drive from the North lip line of 5th Street to the cul-de-sac South of 4th Street, known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2036. Vale Avenue from the South lip line of 4th Street to the elbow cul-de-sac at 5th Street, known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2036. The East-West alley located between 5th Street and 6th Street from Toledo Avenue to Vicksburg Avenue, known and designated as Alley Paving Sub -Unit Number 45 of Unit Number A-461. 750 City Council Meeting November 9, 1995 Page 751 The North -South alley located between Topeka Avenue and Toledo Avenue from 4th Street to 5th Street, known and designated as Alley Paving Sub -Unit Number 46 of Unit Number A-461. The North -South alley located between Troy Avenue and Topeka Avenue from 4th Street to 5th Street, known and designated as Alley Paving Sub -Unit Number 47 of Unit Number A-461. The North -South alley located between Utica Drive and Troy Avenue from 4th Street to 5th Street, known and designated as Alley Paving Sub -Unit Number 48 of Unit Number A-461. The North -South alley located between Vale Avenue and Utica Drive from 4th Street to 5th Street, known and designated as Alley Paving Sub -Unit Number 49 of Unit Number A-461. WHEREAS, the construction of the above improvements on the above - mentioned streets, avenues and alleys was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets, avenues and alleys BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 9th day of November 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 751 City Council Meeting November 9, 1995 Page 752 According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on the following: 5th Street from Toledo Avenue to the cul-de-sac at Vale Avenue Topeka Avenue from 5th Street to the cul-de-sac south of 4th Street Troy Avenue from 5th Street to the cul-de-sac south of 4th Street Utica Drive from 5th Street to the cul-de-sac south of 4th Street Vale Avenue from 4th Street to the cul-de-sac at 5th Street The east -west alley between 5th Street and 6th Street from Toledo Avenue to Vicksburg Avenue The north -south alley between Topeka Avenue and Toledo Avenue from 4th Street and 5th Street The north -south alley between Troy Avenue and Topeka Avenue from 4th Street to 5th Street The north -south alley between Utica Drive and Troy Avenue from 4th Street to 5th Street The north -south alley between Vale Avenue and Utica Drive from 4th Street to 5th Street There is no City cost due to the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5003 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9,) Consider Resolution #5004 accenting paving improvements constructed by Williams and Peters Construction Company, Inc, in Westchester Park Addition Lots 139-194. RESOLUTION #5004 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 139-194, Westchester Park Addition, made arrangements with William & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 752 City Council Meeting November 9, 1995 Page 753 7th Street from the East lip line of Justice Avenue to the East end of the alley return East of Justice Avenue, known and designated as New Subdivision Sub -Unit Number 04 of Unit Number 2037. 8th Street from the East lip line of Milwaukee Avenue to the West lip line of Justice Avenue, known and designated as New Subdivision Sub - Unit Number 05 of Unit Number 2037. Justice Avenue from the North end of the alley return South of 8th Street to the North end of radius of Street stub North of 7th Street, known and designated as New Subdivision Sub -Unit Number 06 of Unit Number 2037. Kline Avenue from the North lip line of 8th Street to the North end of the alley return North of 8th Street, known and designated as New Subdivision Sub -Unit Number 07 of Unit Number 2037. Kline Avenue from the North end of the alley return South of 8th Street to the South lip line of 8th Street, known and designated as New Subdivision Sub -Unit Number 08 of Unit Number 2037. East half of Milwaukee Avenue from the North end of the alley return South of 8th Street to the North end of the alley return North of 8th Street, known and designated as New Subdivision Sub -Unit Number 09 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 753 City Council Meeting November 9, 1995 Page 754 Passed by the City Council this 9th day of November 1995. /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, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on the following: 7th Street from Justice Avenue to the alley east of Justice Avenue 8th Street from Milwaukee Avenue to Justice Avenue Justice Avenue from the alley south of 8th Street to 7th Street Kline Avenue from the alley south of 8th Street to 8th Street Kline Avenue from 8th Street to the alley north of 8th Street East half of Milwaukee Avenue from the alley south of 8th Street to the alley north of 8th Street (curb and gutter and temporary paving only) There is no City cost due to the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5004 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 754 City Council Meeting November 9, 1995 Page 755 (10.) Consider Ordinance 99849 abandoning and closing a Portion of 98th Street in Section 16, Block E-2, Lubbock County, Texas (4502 98th Street). ORDINANCE #9849 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 98TH STREET LOCATED IN SECTION 16, 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. According to staff memo, this ordinance abandons and closes a .532 acre tract of land that was dedicated in 1984 by Hubert E. Cone for construction of 98th Street. In 1994, Dr. Cone dedicated a new portion of 98th Street that was needed for the realignment of 98th Street and Quaker Avenue as requested by the Texas Department of Transportation. The State has now completed this street widening project and this .532 acre tract is ready to be closed and abandoned. Since Dr. Cone was the original dedicator, he will not be charged for this right-of-way. The Right -of -Way Department recommended the approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9849 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Ordinance #9850 abandoning and closing a Portion of 98th Street in Sections 14 and 17, Block E-2, Lubbock County, Texas (4302 98th Street). ORDINANCE #9850 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 98TH STREET LOCATED IN SECTIONS 14 AND 17, 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. According to staff memo, this ordinance abandons and closes a 1.030 acre tract of land that was dedicated in 1984, by H.A. Sessions for construction of 98th Street. In 1994, Mr. Sessions dedicated a new portion of 98th Street that was needed for the _ realignment of 98th Street and Quaker Avenue as requested by the Texas Department of Transportation. The State has now completed this street widening project and this 1.030 acre tract is ready to be closed and abandoned. Since Mr. Sessions was the original dedicator, he will not be charged for this closed piece of right-of-way. 755 City Council Meeting November 9, 1995 Page 756 The Right -of -Way Department recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9850 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution #5005 authorizing the Mayor to execute a private road crossing agreement with the Atchison, Topeka, & Santa Fe Railway Company (502 N. I-27). RESOLUTION #5005 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 a private road crossing across railway property by and between the City of Lubbock and the Atchison, Topeka & Santa Fe Railway Company to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at mile post 0 + 4992, 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 9th day of November 1995. /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 Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the Atchison, Topeka & Santa Fe Railway Company is filed with Resolution No. 5005. According to staff memo, this private road crossing agreement with Santa Fe Railway Company will allow the Street Department to construct a road across Santa Fe's tracks east of I-27 and north of Municipal Drive. This private road will connect the Municipal Hill equipment storage area with the land purchased earlier this year that is north of Municipal Hill. The cost of this agreement is $150.00. 756 City Council Meeting November 9, 1995 Page 757 The Right -of -Way Department recommended the approval of this private crossing agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5005 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Ordinance #9851 abandoning and closing a 20-foot alley and a 10-foot utility easement located in the James Subdivision (901 E. 52nd Street) ORDINANCE #9851 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY AND A 10 FOOT UTILITY EASEMENT LOCATED IN JAMES SUBDIVISION TO THE CITY OF 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. According to staff memo, this ordinance abandons and closes a 20- foot alley and a 10-foot by 67.5 foot utility easement located in Block 17, James Subdivision. The areas being closed for replat purposes are located north of East 52nd Street and east of Ivory Avenue. A new street is to be dedicated to offset the areas being closed; all utilities are in agreement. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9851 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution 95006 authorizing the Mayor to execute a corrected Quitclaim Deed in favor of the Urban Renewal Agency of the City of Lubbock (2412 Globe). RESOLUTION #5006 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 Correction Quitclaim Deed in favor of The Urban Renewal Agency of the City of Lubbock, which Deed is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 757 City Council Meeting November 9, 1995 Page 758 Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Correction Quitclaim Deed in favor of the Urban Renewal Agency is filed with Resolution No. 5006. According to staff memo, on October 8, 1970, the City approved a quitclaim deed to the Urban Renewal Agency for a portion of East 25th Street, west of Globe Avenue, that was officially closed through Ordinance #5836. This original quitclaim deed omitted a distance call which now reads "Thence east a distance of 140.00 feet to a point." The Community Development Department and Urban Renewal Agency are requesting that this be done for title purposes since they are going to sell the property. The Right -of -Way Department recommended the approval of this resolution and corrected quitclaim deed. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5006 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution #5007 authorizing the Mayor to execute an alley -use license for an underground private sewer line with Rainbo Baking Company (1950 Texas Avenue). RESOLUTION #5007 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 Alley Use License in — favor of Rainbo Baking Company, Inc., attached hereto and 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. 758 City Council Meeting November 9, 1995 Page 759 Passed by the City Council this 9th day of November 1995. /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 Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Alley Use License in favor of Rainbo Baking Company, Inc., is filed with Resolution No. 5007. According to staff memo, this alley -use license is for a private sewer line which will run from the Rainbo Baking Company building at 1950 Texas Avenue westward across the alley to a grease trap on Rainbo's property. The cost of this license is the $50.00 minimum per year, or $250.00 for the first five-year term. The length of term for this license is 20 years, payable every five years. The $150 application fee has been paid and no utility problems are seen. The Right -of -Way Department recommended the approval of this alley -use license. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5007 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider Ordinance #9852 abandoning and closing two utility easements located in Tract "C", West Chase Addition (4301 South Loop 289). ORDINANCE 49852 AN ORDINANCE ABANDONING AND CLOSING TWO UTILITY EASEMENTS LOCATED IN TRACT "C", WEST CHASE ADDITION TO THE CITY OF 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. 759 City Council Meeting November 9, 1995 Page 760 According to staff memo, this ordinance abandons and closes two 10-foot utility easements located on the Wal-Mart property at South Loop 289 and Quaker Avenue. These easements are being closed for building purposes; two new easements will be dedicated to replace these being closed. All utilities are in agreement. The Right -of -Way Department recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9852 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider Ordinance #9853 abandoning and closing a ten -foot electric line easement in Section 8, Block B. Lubbock County Texas (4709 Avenue C). ORDINANCE #9853 AN ORDINANCE ABANDONING AND CLOSING A TEN FOOT ELECTRICAL UTILITY EASEMENT LOCATED IN SECTION 8, BLOCK B, 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. According to staff memo, this ordinance abandons and closes a 10- foot by I I5.75-foot electric line easement which was acquired for LP&L. LP&L has relocated their line which was in this easement southward and no longer needs this easement. Tracy Randolph Nichols, the original grantor, is requesting that this easement be closed. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance 49853 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution 45008 authorizing acknowledgment and release by and between the City of Lubbock and NATGUN Corporation to make an inspection and do certain repairs free of charge on a water storage reservoir. RESOLUTION #5008 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 acknowledgment and release by and between the City of Lubbock and Natgun Corporation, to make an inspection and do certain work or make certain repairs free of charge on a water storage tank for the City of Lubbock, which acknowledgment and release is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the 760 City Council Meeting November 9, 1995 Page 761 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 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the acknowledgment and release by and between the City of Lubbock and Natgun Corporation is filed with Resolution No. 5008. According to staff memo, in 1975 NATGUN Corporation constructed a five -million gallon ground storage reservoir at Pump Station No. 9 located at Clovis Highway and Quaker Avenue. During a recent inspection by Water Utilities employees, it was determined that this reservoir was in need of some minor repair work to bring this facility up to City standards. Because this reservoir was a custom project, the staff contacted NATGUN for information on proper repair materials and techniques. Upon learning of the need for repair, NATGUN offered to make the needed repairs at no cost to the City. Although NATGUN was under no legal obligation to make these repairs, the offer was made as part of that company's extended customer service program. In exchange for NATGUN's offer to do this repair work without cost to the City, the City of Lubbock must acknowledge that NATGUN is not obligated to perform this work by any prior contract or warranty and that no warranty or guarantee would be granted in association with the repair work performed. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5008 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 761 City Council Meeting November 9, 1995 Page 762 (19.) Consider Resolution 95009 authorizing the Mayor to execute an amendment to the contract with HDR Engineering for renovation of the Water Treatment Plant. RESOLUTION #5009 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 Amendment to an Agreement between the City of Lubbock and HDR Engineering, Inc., for additional engineering services, attached hereto and 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 9th day of November 1995. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ Clarence Walker Clarence Walker, Assistant City Attorney A copy of the Amendment to the Agreement by and between the City of Lubbock and HDR Engineering, Inc., is filed with Resolution No. 5009. According to staff memo, in December 1990 the City of Lubbock engaged the services of HDR Engineering to do the planning and design work on the $17 million project to expand and renovate Lubbock's Water Treatment Plant. This contract was subsequently amended to allow HDR to oversee the construction work on the water treatment plant, as well as to provide the engineering services for the repair of the terminal storage reservoir (a separate project). The last contract amendment, which was approved by the City Council in May 1994, authorized engineering services for Project 7. This project included a number of miscellaneous items not included in prior construction contracts and not included in the prior contractual obligations of the engineers. Operation of the plant over the prior sixteen months has revealed other needs which the staff considers to be of higher priority than some of the items included in Project 7. The most important of these needs is replacement of the media and underdrain for the "A" 762 City Council Meeting November 9, 1995 Page 763 filters. Other needed items include a drain for the alum containment area, additional fencing around a meter vault, erosion control, additional maintenance building paving, and additional security cameras. The staff proposed to amend the HDR contract to include the preparation of plans and specifications for the above - mentioned items. Certain items which were previously included in Project 7 and which staff now considers to be of lower priority will be delayed until additional funding becomes available. This amendment would add a total of $21,500 to the HDR Engineering contract. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5009 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Resolution #5010 authorizing the Mayor to execute a professional services agreement with BGR Architects and Engineers for the Civic Center Renovation Project. RESOLUTION #5010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and BGR Architects -Engineers, Inc., for the Lubbock Memorial Civic Center Renovations, 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 9th day of November 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Cultural and Leisure Services /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 763 City Council Meeting November 9, 1995 Page 764 A copy of the Agreement by and between the City of Lubbock and BGR Architects - Engineers, Inc., is filed with Resolution No. 5010. According to staff memo, in April 1995 the City Council passed a resolution reallocating the Hotel -Motel Occupancy Tax. The redistribution included an allocation of two cents for the Civic Center renovation project. Requests for proposals were solicited from qualified firms interested in developing recommendations, plans and specifications for this renovation project. The City received written proposals from seven firms. These proposals were reviewed and evaluated by a committee of eight (seven city employees and one member of the Civic Centers Board). Based on the cumulative ratings, interviews and reference checks, BGR Architects and Engineers in association with Thompson, Ventulett, Stainback & Associates, emerged as the committee's recommended firm. BGR Architects and Engineers will be the lead firm and contracting party. The negotiated lump sum flat fee is 8 percent of the estimated project budget of $1,470,803. Staff recommended that the negotiated agreement with BGR Architects and Engineers for professional services associated with the Civic Center renovation project be approved. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5010 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider a resolution authorizing the Mayor to execute contracts with Compliance Services Group, Inc. and ENPROTEC, Inc. for Environmental Engineering Services. This item was deleted from the agenda. (22.) Consider Resolution 45011 authorizing the Mayor to execute for and on behalf of the City of Lubbock funding agreements between the City of Lubbock and the YWCA of Lubbock. RESOLUTION #5011 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 two (2) Agreements by and between the City of Lubbock and the YWCA to provide funding from the Department of Housing and Urban Development for Day Camp Expansion and YWCare Expansion. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 764 City Council Meeting November 9, 1995 Page 765 Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the two Agreements by and between the City of Lubbock and YWCA are filed with Resolution No. 5011. On June 9, 1995, the City Council authorized the following proposed projects: YWCA Day Camp Expansion - YWCA of Lubbock ($58,851) This project will provide day care during the summer for low- income, elementary age children who reside in Chatman Hill, Arnett Benson and Harwell neighborhoods. The YWCA of Lubbock will provide a match of $99,091, made available through donations, cash and other grants. YW-Care Expansion Project - YWCA of Lubbock ($41,416) This project will provide an after school program for elementary - age children at the Harwell, Tubbs and Wolfforth Elementary schools during the 1995-1996 academic year. The YWCA of Lubbock will provide a match of $456,775, made available through donations, cash and other grants. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving agreements with the YWCA of Lubbock. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5011 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 765 City Council Meeting November 9, 1995 Page 766 (23.) Consider Resolution 45012 authorizing_ the Ma3or to execute for and on behalf of the City of Lubbock a funding agreement between the City of Lubbock and the Early Learning Center. RESOLUTION 45012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the Early Learning Centers of Lubbock to provide funding from the Department of Housing and Urban Development for the Fee Assistance Program. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the Early Learning Centers of Lubbock is filed with Resolution No. 5012. On June 9, 1995, the City Council authorized CDBG funding for the following proposed project: Child Care Fee Assistance - Early Learning Centers ($65,000) This project will provide fee assistance for quality child care to low-income families, especially single parent families, who are working or who attend school. The Early Learning Centers will provide a match of $114,640, made available through donations, cash and other grants. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving an agreement with the Early Learning Centers of Lubbock. 766 City Council Meeting November 9, 1995 Page 767 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5012 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) Consider Resolution #5013 authorizing the Mayor to execute for and on behalf of the City of Lubbock funding agreements between the City of Lubbock and Lubbock United Neighborhood Association. RESOLUTION #5013 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 two (2) Agreements by and between the City of Lubbock and the Lubbock United Neighborhood Association to provide funding from the Department of Housing and Urban Development for the Neighborhood Leadership Program and the LUNA Learning Services. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: Ls/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamale Linda L. Chamales, Assistant City Attorney A copy of the two Agreements by and between the City of Lubbock and the Lubbock United Neighborhood Association are filed with Resolution No. 5013. On June 9, 1995, the City Council authorized CDBG funding for the following proposed projects: Lubbock Connections Neighborhood Leadership Program - Lubbock United Neighborhood Associations (LUNA) ($6,600) This project will provide training of participants in the necessary skills for effective leadership. LUNA will provide a match of $3,710, made available through donations. 767 City Council Meeting November 9, 1995 Page 768 LUNA Learning Series - Lubbock United Neighborhood Associations (LUNA) ($6,557) This project will provide training of neighborhood board members from the seven target neighborhoods regarding the essential skills necessary for effective neighborhood organizations. LUNA will provide a match of $1,640, made available through donations, cash, other grants and sweat equity. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving agreements with Lubbock United Neighborhood Associations. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5013 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Consider Resolution #5014 authorizing the Mayor to execute for and on behalf of the City of Lubbock a funding agreement between the City of Lubbock and Lubbock Victim Assistance Services. RESOLUTION #5014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Lubbock Victim Assistance Services to provide funding from the Department of Housing and Urban Development for Neighborhood Victim Assistance Services. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of November 1995. /s/ David R Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney City Council Meeting November 9, 1995 Page 769 A copy of the Agreement by and between the City of Lubbock and Lubbock Victim Assistance Services is filed with Resolution No. 5014. On June 9, 1995, the City Council authorized CDBG funding for the following proposed projects: Neighborhood Victim Assistance - Lubbock Victim Assistance Services ($17,000) This project will provide for establishment of a volunteer neighborhood -based victim advocate to provide individualized services. The Lubbock Victim Assistance Services will provide a match of $5,620, made available through other grants and sweat equity. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving an agreement with Lubbock Victims Assistance Services. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5014 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Consider Resolution #5015 authorizing the Mayor to execute for and on behalf of the City of Lubbock Emergency Shelter Funding Agreements between the City of Lubbock and the Salvation Army of Lubbock. RESOLUTION 45015 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 three (3) Agreements by and between the City of Lubbock and the Salvation Army to provide funding from Emergency Shelter Grant Program funds for provision of essential services for the homeless. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. VE City Council Meeting November 9, 1995 Page 770 Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the three Agreements by and between the City of Lubbock and the Salvation Army are filed with Resolution No. 5015. The City Council authorized Emergency Shelter Grant funding for the following proposed projects: Essential Services - Salvation Army of Lubbock ($3,000) This project will be used for essential services to provide food and medication to individuals and families living in the Salvation Army shelter or other city shelters and transitional housing and those at -risk of homelessness and participating in the rent/utility assistance program. The Salvation Army will provide a match of $3,000, made available through donations and other grants. Security Deposit Assistance - Salvation Army of Lubbock ($9,000) This project will provide security deposits and first month's rent. The Salvation Army will provide a match of $9,000, made available through donations, cash, and sweat equity. Homeless Prevention - Salvation Army of Lubbock ($23,400) This project will be used for homeless prevention activities to provide mortgage, rent and utility assistance to individuals and families suffering from an emergency that has left them temporarily without funds. The Salvation Army will provide a match of $29,200, made available through donations, other grants and sweat equity. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving agreements with the Salvation Army of Lubbock. 770 City Council Meeting November 9, 1995 Page 771 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5015 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) Consider Resolution 45016 authorizing the Mayor to execute for and on behalf of the City of Lubbock a HOME Funding Agreements between the City of Lubbock and the Community Housing Resource Board. RESOLUTION #5016 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 two (2) Agreements by and between the City of Lubbock and the Community Housing Resource Board of Lubbock to provide funding from Home Program Funds for construction and rehabilitation of homes for first time home buyers. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services 0-0 �I It • YllC�l��1.�u� /s/ Linda L. Chamales Linda L. Chamales Assistant City Attorney A copy of the two Agreements by and between the City of Lubbock and the Community Housing Resource Board of Lubbock are filed with Resolution No. 5016. The City Council has authorized HOME Grant funding for the following proposed projects: Lease/Purchase - Community Housing Resource Board (CHRB) ($159,297) This project will provide funds purchasing five foreclosed properties for resale through a lease program. The Community Housing Resource Board (CHRB) will provide a match of $37,500, made available through the rent fees of an ongoing lease -purchase program. 771 City Council Meeting November 9, 1995 Page 772 New Construction - Community Housing Resource Board (CHRB) ($432,000) This project will provide funds for creating more affordable housing through new construction of single-family units in the areas of Harwell, Arnett Benson and Chatman Hill. The CHRB will use $400,000 for the purpose of constructing 10 new homes and $32,000 for administrative costs. This project will generate income by providing a grant loan and bank loan combination for payback by the first-time homebuyer. The combination of assistance will be determined by affordability, and the loans will be carried over 20 years at low interest. The proceeds from the project will create a revolving loan fund to build more houses and will be used as program match. Norwest Bank has agreed to provide the permanent financing. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving agreements with the CHRB. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5016 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (28.) Consider Resolution #5017 authorizing the Mayor to execute for and on behalf of the City of Lubbock an Emergency Shelter Funding Agreement between the City of Lubbock and the Community Housing Resource Board. RESOLUTION #5017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the Community Housing Resource Board of Lubbock to provide funding from Emergency Shelter Grant Program funds for provision of operational funds for the homeless. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 772 City Council Meeting November 9, 1995 Page 773 Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary FW a Q •li D WWWOz *)ft#a01" /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the Community Housing Resource Board of Lubbock is filed with Resolution No. 5017. The City Council has authorized Emergency Shelter funding for the following proposed projects: Transition to Better Living - Community Housing Resource Board (CHRB) ($12,800) This project will provide funds for maintenance and operations activities of two transitional houses to be obtained through the HUD $1.00 per year lease -purchase program. The CHRB will provide a match of $12,800, made available through the salaries of the staff and donations. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving an agreement with the Community Housing Resource Board. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5017 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 773 City Council Meeting November 9, 1995 Page 774 (29.) Consider Resolution #5018 authorizing the Mayor to execute for and on behalf of the City of Lubbock Emergency Shelter Funding Agreements between the City of Lubbock and Women's Protective Services, Inc. RESOLUTION #5018 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 two (2) Agreements by and between the City of Lubbock and the Women's Protective Services to provide funding from Emergency Shelter Grant Program funds for provision of essential services and homeless prevention. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the two Agreements by and between the City of Lubbock and the Women's Protective Services are filed with Resolution No. 5018. The City Council has authorized Emergency Shelter Grant funds for the following proposed projects: Essential Services - Women Protective Services, Inc. (WPS) ($35,400) This project will provide services concerned with employment, health, drug abuse, and education for homeless persons. WPS will provide a match of $35,400, made available through donations. 774 City Council Meeting November 9, 1995 Page 775 Security Deposit Assistance - Women's Protective Services (WPS) ($6,000) This project will assist homeless battered women and children to become self-sufficient, independent, and contributing members to the Lubbock community. WPS will provide a match of $6,000, made available through donations. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving agreements with Women's Protective Services, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5018 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution #5019 authorizing the Mayor to execute for and on behalf of the City of Lubbock an Emergency Shelter Grant Funding Agreement between the City of Lubbock and Walker House Inc. RESOLUTION #5019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the Walker House, Inc. to provide funding from Emergency Shelter Grant Program funds for renovations. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of November 1995. ATTEST: /s/ Betty M. J_ hn on Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamale Linda L. Chamales, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 775 City Council Meeting November 9, 1995 Page 776 A copy of the Agreement by and between the City of Lubbock and the Walker House, Inc.. is filed with Resolution No. 5019. The City Council has authorized Emergency Shelter Grant funding for the following proposed projects: Walker House Renovation - Walker House, Inc. ($32,000) This project will provide funding for renovations to the facility located at 1614 Avenue K. Walker House, Inc., will provide a match of $32,000, the appraised value of the units. The Community Development Advisory Committee and Community Development and Neighborhood Initiative's staff recommended the approval of this resolution approving an agreement with Walker House, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5019 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (31.) Consider Resolution #5020 amending the 1994-1995 Emergency Shelter Grant allocations and authorizing the Mayor to execute for and on behalf of the City of Lubbock, funding agreements with Walker House, Inc., and Salvation Army, and MHMR for the reallocated funds. RESOLUTION 45020 WHEREAS, $16,400 of the 1994-95 Emergency Shelter Grant Funding was allocated to Guadalupe Economic Services, Inc.; and WHEREAS, Guadalupe Economic Services, Inc. was unable to utilize the funding for renovations as planned; and WHEREAS, the City of Lubbock desires to reallocate said funds for the public benefit; and WHEREAS, the Community Development Advisory Committee has recommended that the reallocated funds be awarded to the Salvation Army, Walker House, Inc., and Lubbock Mental Health & Mental Retardation Center; and WHEREAS, the City Council has found that these organizations possess the special expertise, knowledge, and experience necessary for the renovations and that the City will receive adequate consideration in the form of substantial public benefit; NOW THEREFORE: 776 City Council Meeting November 9, 1995 Page 777 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; SECTION 1. THAT the SIXTEEN THOUSAND FOUR HUNDRED AND N0/100 DOLLARS ($16,400.00) of the 1994-95 Emergency Shelter Grant which was previously allocated to Guadalupe Economic Services, Inc. be reallocated to the following agencies for renovations: Walker House, Inc. Salvation Army Lubbock Mental Health & Mental Retardation $ 5,161.00 $ 6,156.00 $ 5,083.00 TOTAL $16,400.00 SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the Walker House, Inc. and an Agreement between the City of Lubbock and the Salvation Army to provide funding from the 1994-95 Emergency Shelter Grant Program for renovations. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: Is/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the Walker House, Inc., is filed with Resolution No. 5020. The Community Development Advisory Committee and the Community Development & Neighborhood Initiatives staff recommended amending the 1994-1995 Emergency Shelter Grant allocation and allocating the funding to Salvation Army and Walker House, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5020 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 777 City Council Meeting November 9, 1995 Page 778 (32.) Bid #13381 - Garden/Arts Center & Tea Terrace Renovation and authorize same (Park Development). RESOLUTION 95021 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 Quicksilver Construction, of Lubbock, Texas to furnish and install all services and materials as bid for the Garden/Arts Center and Tea Terrace Renovation 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 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR 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 S COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 9th day of November 1995 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 Quicksilver Construction of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: %%�:j City Council Meeting November 9, 1995 Page 779 BID NO. 13381--Garden/Arts Center & Tea Terrace Renovation in the amount of $22,735.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 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/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ John Webb ATTEST: /s/ Name not Legible Secretary COMPLETE ADDRESS (33.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Quicksilver Construction CONTRACTOR By: /s/ Loyde Castle TITLE: Vice President Quicksilver Construction Company 1205 E. 46th Street Lubbock, Texas 79404 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5021 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. Bid #13384 - Film and Film Processing (Print Shoff J & L Photo Supply --Film. Rapid Color Photo, Inc. --Film Processing. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 779 City Council Meeting November 9, 1995 Page 780 (34.) Bid #13385 - Water Meters - Annual Pricing (Water Utilities). Master Meters, Inc.--4500 Ea 5/8" x 3/4" Cold Water Multijet Dry Top Water Meter; 1000 Ea 1" Cold Water Multijet Dry Top Water Meter; 10 Ea 1 1/2" Cold Water Multijet Dry Top Water Meter; 40 Ea 2" Cold Water Multijet Dry Top Water Meter; 100 Ea. 3" Class 11 Turbine Type Fire Hydrant Water Meter. Badger Meter, Inc.--10 Ea 3" Cold Water Class II Turbine Type Water Meter; 2 Ea 4" Cold Water Class II Turbine Type Water Meter; 2 Ea 6" Cold Water Class II Turbine Type Water Meter. Mueller Company--10 Ea 3" Cold Water Compound (In -Line) Type Water Meter; 2 Ea 4" Cold Water Compound (In -Line) Type Water Meter; 2 Ea 6" Cold Water Compound (In -Line) Type Water Meter. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (35.) Bid #13390 - Bleachers & Installation at Berl Huffman Park, and authorize same (Park Development). RESOLUTION #5022 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 Quicksilver Construction, of Lubbock, Texas to furnish and install all services and materials as bid for the Bleachers and Installation at Berl Huffman Softball Complex 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. : 01 City Council Meeting November 9, 1995 Page 781 Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR 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 THIS AGREEMENT, made and entered into this 9th day of November 1995 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 Quicksilver Construction of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13390--Bleachers and Installation at Berl Huffman Softball Complex in the amount of $38,172.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. 781 City Council Meeting November 9, 1995 Page 782 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/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ John Webb ATTEST: /s/ Name not Legible Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Quicksilver Construction CONTRACTOR By: /s/ Loyde Castle TITLE: Vice President COMPLETE ADDRESS: Quicksilver Construction Company 1205 E. 46th Street Lubbock, Texas 79404 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5022 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (36.) Bid #13391 - Meter Test Set and Calibration Unit (Electric Production). AVO International--1 Ea Meter Test Set and Calibration Unit. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (36A.) Bid #13421 - Telecommunications T-1 Channel Bank (Communications). Southwestern Bell Telephone Company-4 Ea 3624 Rack Mount Shelf with Two 3624 Channel Banks; 2 Ea Remote 3624 Wall Mount Channel Banks. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. AWN City Council Meeting November 9, 1995 Page 783 (36B.) Consider a resolution authorizing the Mayor to execute a lease agreement between the City of Lubbock and Simmons Airlines, Inc., dba American Eagle. This item was deleted from the agenda. (37.) ZONE CASE NO.2763 (northeast corner of 52nd Street and Ivory Avenue) --Hold a public hearing to consider request of Hugo Reed and Associates (for Billy Hall) for a zoning change from R-1 to M-1 (parking area for industrial use) on Lots 17, 17-A and 18, James Subdivision, and to consider ordinance ORDINANCE #9854 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2763; A ZONING CHANGE FROM R-1 TO M-1 ZONING ON LOTS 17, 17-A AND 18, JAMES SUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:10 a.m. Bernie Gradel, Jr., appeared on behalf of Billy Hall to present this request for zone change from R-1 to M-1. No one appeared in opposition. Mayor Langston closed the hearing at 11:14 a.m. Randy Henson, Senior Planner, presented staff comments and gave the adjacent land use relationships as follows: North - industrial South - single family East - industrial West - industrial The Comprehensive Land Use Plan notes the parcel as residential, fronting on 52nd Street and backed up to the tier of M-1 zoning on 50th Street. The James Subdivision from 52nd Street to 58th Street, Ivory to Martin Luther King, Jr. Blvd. is sparsely developed with residential and a mixture of other uses. Industrial zoning surrounds the subdivision and encroachments similar to this request exist from 50th Street, 58th Street and Martin Luther King, Jr. Blvd. The proponent requested that screening fences be waived due to the large lot and the desire not to create hiding places behind any solid fences. The Code allows consideration by the Planning and Zoning Commission and City Council as to whether the solid screening fence required by the Code on 52nd Street and the east property line should be installed when a construction permit is requested. The Planning and Zoning Commission found the request valid and approved the zone case to the City Council as M-1 without the requirement to screen. A plat is being processed which will dedicate a street on the east property line north from 52nd Street. The proposal should have no adverse effect on traffic in the area. 783 City Council Meeting November 9, 1995 Page 784 The Planning and Zoning Commission recommended approval of this request subject to the following condition: The screening fence on the south and east sides of the property shall not be required. The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9854 with condition as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (38.) ZONE CASE NO.2764 (west of Albany between 69th and 72nd Streets) --Hold a public hearing to consider request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from R-1 to R-1 Specific Use (garden homes) on a tract out of Section 27 Block E-2, and to consider ordinance. ORDINANCE #9855 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2764; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:16 a.m. Bernie Gradel, Jr., appeared on behalf of Lubbock Land Company to present this request for zone change from R-1 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:18 a.m. Randy Henson, Senior Planner, presented staff comments and gave the adjacent land use relationships as follows: North - vacant, A-1 South - residential East - residential West - residential and a playa The request is consistent with both the Comprehensive Land Use Plan and zoning policy. The project should have little or no adverse effect on traffic. The Planning and Zoning 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 #9855 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused and excused himself from voting on this item. U.&I City Council Meeting November 9, 1995 Page 785 (39.) ZONE CASE NO.2164-F (south of 86th Street and east of Boston Avenue) --Hold a Public hearing to consider request of Hugo Reed and Associates (for Lubbock Land Company)for a zoning change from A-1 to A-2 limited to an assisted living center on a tract out of Section 13, Block E-2, and to consider ordinance. ORDINANCE #9856 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2164-F; A ZONING CHANGE FROM A-1 TO A-2 ZONING ON A TRACT OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:20 a.m. Bernie Gradel, Jr., appeared on behalf of Lubbock Land Company to present this request for zone change from A-1 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 11:22 a.m. Randy Henson, Senior Planner, presented staff comments and gave the adjacent land use relationships as follows: North - vacant, C-2 South - playa lake, zoned R-1 East - vacant, A-1 West -vacant, R-1 The request is consistent with both the Comprehensive Land Use Plan and zoning policy. The proponents presented a preliminary site plan during the hearing. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to a personal care facility and all unconditionally permitted A-1 uses. The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9856 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from voting on this item. 785 City Council Meeting November 9, 1995 Page 786 (40.) ZONE CASE NO. 1490-P (5164 69th Street) --Hold a public hearing to consider request of Chips Club, Inc., for a zoning change from C-3 to C-4 limited to a gameroom and bar and all .permitted C-3 uses on the east 146 feet of the south 188 feet of Lot 2-A, Fiesta Autoland Center, and to consider ordinance. ORDINANCE #9857 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-P; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON THE EAST 146 FEET OF THE SOUTH 188 FEET OF LOT 2-A, FIESTA AUTOLAND CENTER, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:24 a.m. Pat Simek appeared on behalf of Chips Club, Inc., to present this request for zone change from C-3 to C-4. No one appeared in opposition. Mayor Langston closed the hearing 11:25 a.m. Randy Henson, Senior Planner, presented staff comments and gave the adjacent land use relationships as follows: North - shopping center South - C-4, commercial East - C-4, mini -warehouse project West - shopping center The proposal is not contrary to the Comprehensive Land Use Plan policy. The Planning and Zoning Commission found no fault with the request and recommended approval subject to the following condition: Limited to a sports bar and gameroom and all unconditionally permitted C-3 uses. 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 #9857 with condition as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (41.) ZONE CASE NO.2765 (north of 82nd Street and east of Cedar) --Hold a public hearing to consider appeal of Juventino Calvillo for a zoning change from R-1 to C-4 on a portion of Section 6 Block E, and to consider ordinance. Mayor Langston opened the public hearing at 11:30 a.m. Juventino Calvillo appeared to present this request for zone change from R-1 to C-4. Margie Jefferson, E. W. Johnson, Clifford Johnson, John Rayburn, James Vines, Ted Hines, and Don Pruitt appeared in opposition. Mayor Langston closed the hearing at 11:50 a.m. City Council Meeting November 9, 1995 Page 787 Randy Henson, Senior Planner, presented staff comments and gave the adjacent land use relationships as follows: North - vacant, R-1 South - 82nd Street and the city limits East - vacant, R-1 West - R-1, mostly vacant The request does not comply with the Comprehensive Land Use Plan. The Planning staff had several discussions with Mr. Calvillo about Land Use Plan policy and zoning issues related to dance halls. Mr. Calvillo indicates feeling overwhelmed by all these comments and that he did not get a fair hearing before the Planning Commission. The Senior Planner explained that the proponent could present any additional information to the Council and correct any information he felt was misunderstood by the Planning Commission. The Planning and Zoning Commission recommended denial of this request. The staff supported the denial of the Planning & Zoning Commission. State law requires a 6/7 vote by the City Council to overturn the denial by the Planning Commission. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Neugebauer to uphold the decision of the Planning & Zoning Commission to deny the zone change request. Motion carried: 7 Yeas; 0 Nays. (42.) Consider Resolution #5023 declaring a Public necessity for paving improvements in Portions of streets and alleys, and directing the City Engineer to prepare plans and specifications for such improvements. RESOLUTION #5023 A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY, AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portions of streets and avenues in the City of Lubbock and along the boundaries thereof be improved as herein provided, to -wit: 26th Street from LaSalle Avenue to Kewanee Avenue. Frankford Avenue from Spur 327 to 50th Street. 66th Street from Frankford Avenue to Iola Avenue. 787 City Council Meeting November 9, 1995 Page 788 SECTION 2. THAT said portions of the above -described streets and avenues shall be improved by raising, grading and filling same, by installing curbs and gutters, and by installing base material and asphaltic concrete surface or concrete paving within the right-of-way. SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. SECTION 4. THAT such improvements in each unit shall be paid for in the following manner: STREET IMPROVEMENTS (a) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements; provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed ninety percent (90%) of the cost of the improvements plus the cost of the curb; and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate to such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed the benefits. (b) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under subparagraph (a) above shall be paid by the City of Lubbock. SECTION 5. THAT the amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments, the first of which shall become due on or before twenty (20) days after completion and acceptance by the City Council of the improvements in the unit on which the property abuts; the second, third, fourth and fifth installments shall become due one, two, three and four years respectively after completion and acceptance by the City Council of the improvements in the unit upon which the property abuts, and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent (8 %) per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of such certificate of assessment issued in evidence thereof, such default shall mature the entire assessment upon which same is made. SECTION 6. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneys' fees and costs of collection, if incurred, all under and in accordance with the Charter of the City of Lubbock and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105b, Revised Civil Statutes of Texas. SECTION 7. THAT this Resolution shall take effect and be in force from and after its passage. City Council Meeting November 9, 1995 Page 789 Passed by the City Council this 9th day of November 1995. /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, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Larry Hertel, City Engineer, presented staff comment. This resolution is the first of five resolutions to initiate an assessment paving program for the construction of paving improvements as follows: 26th Street from LaSalle Avenue to Kewanee Avenue Frankford Avenue from Spur 327 to 50th Street 66th Street from Frankford Avenue to Iola Avenue The paving policy states that staff will collect all paving petitions on file in October of each year to present to City Council for consideration. The paving of 26th Street will be paid for primarily by assessment of abutting properties. This street paving was petitioned by a majority of the property owners. Frankford Avenue is included in the 1995 Transportation Improvement Program resulting in Federal participation in the cost of the street paving improvements. The project is to be designed and bid by the Texas Department of Transportation (TxDOT). TxDOT, utilizing the federal funding, will pay for 80 percent of the construction and engineering costs. Prior to construction, TxDOT will prepare the Environmental Impact Statement and hold a public hearing for public comment relating to the project. The City will be responsible for right-of-way, utility adjustments, and 20 percent of the construction and engineering costs. The City will provide for its portion of the costs with funds in escrow for prepaid paving and assessment of abutting properties. The paving of 66th Street will be paid for using bond funds. The bond funds will be supplemented with prepaid paving accounts and assessment of abutting properties. Frankford Avenue and 66th Street were not petitioned but are included in the City's Capital Projects Budget. :E City Council Meeting November 9, 1995 Page 790 On assessment paving programs the City is required by State law to participate in a minimum of 10 percent of the construction and engineering costs associated with these paving improvements. Staff recommended approval of this resolution which initiates assessment proceedings for these streets. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution #5023 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (43.) Consider Resolution 95024 authorizing the Mayor to execute an escrow agreement with the Texas Department of Transportation (TxDOT) for the reconstruction and widening of Indiana Avenue from 34th Street to 50th Street. RESOLUTION #5024 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 with the State of Texas, acting by and through the Texas Department of Transportation Commission, 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 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the State of Texas is filed with Resolution No. 5024. 790 City Council Meeting November 9, 1995 Page 791 Larry Hertel, City Engineer, presented staff comments. A contract was executed on November 18, 1993, between the City of Lubbock and the TxDOT for the reconstruction and widening of Indiana Avenue from 34th Street to 50th Street. The estimated cost of the project, at that time, was $2,640,000. Of this, 80 percent was to be paid with federal funds ($2,112,000) and 20 percent from local funds ($528,000). TxDOT, in accordance with the executed contract, has completed the necessary engineering work, the environmental assessment and the bid letting for the project. The project was bid out twice in order to secure the best possible price for the project. The final bid, however, still exceeded the original estimate for the project, bringing the total project cost to $3,460,585.65. The City's 20 percent share has also increased to a total of $692,117.13. The escrow agreement states that the City of Lubbock will place into escrow an amount equal to $692,117.13. The City has previously paid $33,000.00 for the preliminary engineering and design work, leaving a balance of $659,117.13 payable upon execution of this escrow agreement. The balance will be made payable in two payments. The first payment will be in the amount of $400,000.00. The second payment will be for $259,117.13 or an adjusted amount per the actual cost of the project. This revised City cost is approximately $164,117.13 greater than the amount originally budgeted for City participation in this project. The additional funding needed for the completion of this project ($164,117.13) would be transferred from the Indiana Avenue right-of-way project and would be enough to cover the additional cost. Staff recommended approval of the escrow agreement. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #5024 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from Council Chambers. Mayor Pro Tern Neugebauer presided over the next item due to the Mayor's absence from the Council Chambers. 791 City Council Meeting November 9, 1995 Page 792 (44.) Consider Resolution #5025 authorizing the Mayor to execute a contract with the Texas Tech University Health Sciences Center School of Nursing to provide clinical services for the Breast and Cervical Cancer Control Program. RESOLUTION 95025 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 Interlocal Agreement with the Texas Tech University Health Sciences Center School of Nursing to allow the City of Lubbock Health Department to implement Breast and Cervical Cancer Screening, attached hereto and 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 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Clarence Walker Clarence Walker, Assistant City Attorney A copy of the Interlocal Agreement by and between the City of Lubbock and Texas Tech University Health Sciences Center School of Nursing is filed with Resolution No. 5025. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. In July 1995, the City of Lubbock Health Department applied for a grant from the Texas Department of Health to perform breast and cervical cancer screening. The funding was granted and the resolution was passed by City Council on October 12, 1995. 792 City Council Meeting November 9, 1995 Page 793 Texas Tech University Health Sciences Center School of Nursing will supply qualified staff to provide services and complete required paper work. They have also indicated they will utilize the expertise of two Health Department employees as needed. In this occurrence, the Health Department will be reimbursed at the rate of $16 per hour, the mean of two nurses' hourly salary. In addition, the City will receive $6,000 for managing the contract. There will be no cost to the City to contract with the Texas Tech University Health Sciences Center School of Nursing to provide these services at the City of Lubbock Health Department. This agreement exemplifies public -private cooperation in providing needed services to the community. The staff recommended approval of this contract. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #5025 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston was absent from the Council Chambers. (45.) Consider Resolution #5026 authorizing the Mayor to execute a contract with the Texas Department of Health to provide HIV Counseling services for prevention and education. RESOLUTION #5026 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 Grant Application, attached herewith, by and between the City of Lubbock and the Texas Department of Health, HIV Division for HIV counseling and testing, and any associated documents, which Application 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. 793 City Council Meeting November 9, 1995 Page 794 Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director of Health and Community Services APPROVED AS TO FORM: /s/ Clarence Walker Clarence Walker, Assistant City Attorney A copy of the Grant Application by and between the City of Lubbock and the Texas Department of Health, HIV Division is filed with Resolution No. 5026. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. This contract with the Texas Department of Health comes before the City Council annually. Although there are numerous agencies within the city who provide HIV testing, the City Health Department is one of the few who provides both testing and counseling services. The counseling is provided at both the pre -test and post-test with heavy emphasis placed on education and preventive measures. With the focus of HIV no longer being solely on the homosexual population, the counseling for education and preventive measures is increasing in the heterosexual population. The City Health Department targets various types of persons who are at risk for HIV infection, some of which include homosexuals, heterosexuals, teens, college students, incarcerated persons (both teens and adults), and gang members. Through these targeted groups, education and preventive measures are presented. Due to our educational efforts, the incidence of HIV/AIDS has not increased as rapidly as other parts of the country. Without the Texas Department of Health contract, the City of Lubbock Health Department would not be able to fulfill a segment of the prevention aspect of the core missions of public health. Therefore, staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #5026 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. M.1 City Council Meeting November 9, 1995 Page 795 (46.) Consider Ordinance #9858 repealing Sections 27-181 through 27-209 of Chapter 27, Article VI of the City of Lubbock Code of Ordinances entitled "Wrecker Service." Enact Sections 27- 181 through 27-192, Chapter 27, Article VI entitled "Tow Truck Services." ORDINANCE 49858 AN ORDINANCE REPEALING SECTIONS 27-181 THROUGH 27-209 OF CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK AND ENACTING SECTIONS 27-181 THROUGH 27-192 IN LIEU THEREOF; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Carrol Bartley, Assistant Police Chief, presented staff comments. A new Federal Statute, 49 U.S.C. Section 11501 (h) (1) precludes a state or political subdivision of a state from regulating prices, routes, or services of motor carriers. Tow trucks are considered motor carriers per Federal definition. Municipalities may regulate the towing of vehicles that are without the owners' consent. Municipalities may also regulate tow trucks insofar as assuring safety. The provisions of the new ordinance will comply with Federal and State requirements. The ordinance will also provide means for the City to reorganize its method of providing tow truck services to the citizens. The Lubbock Police Department recommended the first reading of this ordinance. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance #9858 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (47.) Consider a resolution approving conversion of the Landwer House into the Buddy Museum. Carolyn Aliamus, Managing Director of Culture & Leisure Services, presented staff comments. Two presentations have been made by representatives of the United People for the Betterment of the Llano Estacado to Council regarding the conversion of the Landwer House into a museum for the exhibition of the Buddy Holly memorabilia. Although the proposal has merit in terms of economic development and revitalization of North Lubbock, the physical structure of building is not conducive to the preservation, conservation or display of the artifacts which the City owns. Square footage of the proposed site is approximately 3100 square feet. Most of the building would be dedicated to exhibition space with some office, storage and a cafe/gift shop area. If staff take the proposed exhibition of the Buddy Holly memorabilia out of the proposal for the Lubbock Center for the Arts, staff should plan for a minimum of 7000 square feet total. That square footage would allow for administrative support, security/reception, storage, preparation and conservation areas and a gift shop. However, in doing so, an opportunity is lost to develop additional related exhibits within a West Texas Music Wing. 795 City Council Meeting November 9, 1995 Page 796 The limited space available for the actual exhibition of artifacts imposes the following several restrictions: Almost all of the wall space is consumed by windows. There would be no opportunity to develop text panels, mural size photographs or other two-dimensional visual documentation. Ideally, the exhibit should have a minimum of 400 uninterrupted running feet for the display of panels and photographs. A limited number of display cases would be allowed. Ideally there should be a minimum of six feet between each of the vitrines or display cases and between each of the cases and the walls. This allows for viewers to study the display at their leisure without blocking the flow of traffic around them. Even with a minimum number of display cases, there would be no more than three feet between cases and walls or between each of the cases. The design of the exhibit should satisfy certain basic principles of function, flow, form and communication. With the number of windows in the building, objects in the display will be subject to direct sunlight, which can be extremely detrimental to artifacts such as those that would be on display. Ideal ceiling height for exhibition or gallery space is 12 to 14 feet. Height of ceilings at the proposed site is 9 feet. There is virtually no transactional or transitional space available at the proposed site. An information station is situated at the front entrance to the building and would be where visitors would pay an admittance fee. The configuration of the building does not allow for the processing of large groups. The information desk is located in the midst of the exhibit and during tours or visits by groups it would be almost impossible to process more than five to ten people at once and maintain any kind of control. The current occupancy rate allowed in the site is 59. Once the exhibit is installed the allowable number of people on the site would decrease. This would need to be strictly enforced in order to ensure the safety of the memorabilia. Promoting and recruiting large tour groups would not be practical given the limitations of the site. Use of the Landwer House is restricted by the Texas Parks and Wildlife Department and must be dedicated permanently only to outdoor recreation use. The Land and Water Conservation Fund Manual states that a conversion to other than outdoor recreation use concurs, among several other situations, when "non -recreation uses (public or private) are made of the project area." To make a specific determination if a proposal constitutes a conversion, a consultation, a written proposal with site plans and layouts, and a site visit by the Department of Texas Parks and Wildlife would be necessary. The City would be required to identify and acquire property not already owned by the City that could be substituted for the 796 City Council Meeting November 9, 1995 Page 797 converted site. The City would also be required to justify that the substitute property is of equal recreation value, and concurrence would need to be sought on both the State and the Federal level. Cost to convert the property would be a minimum of $1 million. In 1982 the Landwer House was designated by the Lubbock City Council as a Lubbock Historic Landmark. Restrictions imposed by this designation require that the Urban Design and Historic Preservation Commission, appointed by Council, review any alterations, changes, restoration, removal, or demolition of any exterior architectural feature of the structure. Staff recommended that conversion of the Landwer House into a museum for the permanent display of Buddy Holly memorabilia not be approved. Following discussion regarding building new construction at Buddy Holly Park rather than using the Landwer House, motion was made by Councilmember Hernandez to convert the Landwer House into the Buddy Holly Museum. Motion died due to the lack of a second. (48.) Cast votes for and take action regarding Resolution #5027 for director nominees for Lubbock Central Appraisal District. RESOLUTION 45027 WHEREAS, there has been enacted in the State of Texas a Property Tax Code, V.A.C.S., relating to the ad valorem taxation of property; and WHEREAS, the Property Tax Code, V.A.C.S., authorized the establishment of appraisal districts to be governed by a Board of Directors; and WHEREAS, the City of Lubbock is a taxing unit within the District entitled to cast votes for the election of persons to the Board of Directors of the District; and WHEREAS, the City of Lubbock is desirous of casting its votes for the election of persons to constitute the Board of Directors; and WHEREAS, the Lubbock County Clerk has prepared a ballot of candidates for the Board of Directors and has determined that the City of Lubbock is entitled to cast 1,276 votes in the election of the District's Board of Directors; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1,276 votes of the City of Lubbock are cast for the candidates for the Lubbock Central Appraisal District Board of Directors as follows: NAME NO. OF VOTES W. B. Criswell 255 Eugene Ehler 255 LeRoy Montoya 255 Marland Ribble 255 Richard Spikes 256 797 City Council Meeting November 9, 1995 Page 798 THAT a copy of this Resolution BE submitted to the Lubbock County Clerk before November 15, 1995, in order that the votes of the City of Lubbock may be counted. Passed by the City Council this 9th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Ballot is filed with Resolution No. 5027. Bob Cass, City Manager, presented staff comments. On October 12, 1995, the City Council took action to nominate the five current members of the Lubbock Central Appraisal District (LCAD) to another two-year term. The City has received the ballot for the election of the five directors. The candidates are W. B. Criswell, Eugene Ehler, LeRoy Montoya, Marland Ribble, and Richard Spikes. According to the materials provided by the LCAD, the City Council is eligible to cast 1,276 votes. The staff recommended dividing the votes evenly among the five candidates as follows: Candidate No. of Votes W. B. Criswell 255 Eugene Ehler 255 LeRoy Montoya 255 Marland Ribble 255 Richard Spikes 256 1,276 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #5027 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (49.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation ,Building Inspection and Water Utilities). City Council Meeting November 9, 1995 Page 799 (50.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Drainage Criteria Advisory Committee Neighborhood Redevelopment Commission Planning and Zoning Commission South Plains Association of Governments (51.) Confirm appointment of Tammy Riojas-Brown, Art Chavez, Rodrick Evans, Dale Gannaway, Ruben John Garcia II, Debbie Hurt, and Path Lupton to the Appointments Advisory Board. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to appoint Tammy Riojas-Brown, Art Chavez, Rodrick Evans, Dale Gannaway, Ruben John Garcia II, Debbie Hurt and Patty Lupton to the Appointments Advisory Board. Motion carried: 7 Yeas; 0 Nays. (52.) Confirm appointment of Linda Sadler to the Community Development Advisory Committee. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to appoint Linda Sadler to the Community Development Advisory Committee. Motion carried: 7 Yeas; 0 Nays. (53.) Confirm appointment of Tom Tuning to the Lubbock Emergency Communication District Board of Managers. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to appoint Tom Tuning to the Lubbock Emergency Communication District Board of Managers. Motion carried: 7 Yeas; 0 Nays. (54.) Confirm appointment of Terrie Esping to the Neighborhood Certification Committee. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to appoint Terrie Espino to the Neighborhood Certification Committee. Motion carried: 7 Yeas; 0 Nays. (55.) Confirm appointment of Jan Blacklock to the Urban Design and Historic Preservation Commission. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to appoint Jan Blacklock to the Urban Design and Historic Preservation Commission. Motion carried: 7 Yeas; 0 Nays. 799 City Council Meeting November 9, 1995 Page 800 There being no further business to come before Council, motion was made by Councilmember Patterson, seconded by Councilmember Ince to adjourn the meeting at 1:29 p.m. Motion carried: 4 Yeas; 0 Nays --Mayor Langston, Councilmember Sitton, and Councilmember Cooke were absent from tle`ou c ��mbers_ ATTEST: Betty M. Johnso , City Secretary Read and approved this the 7th day of ATTEST: Betty M. johnsorUCity Secretary AVID R. LANG9TON, MAVOR X:11