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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/9/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 9, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of October, 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, and City Secretary Kaythie Darnell. Absent: Councilmember Victor Hernandez, Councilmember David Nelson, Councilmember T. J. Patterson, and City Attorney Anita Burgess. 8:00 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Mayor Sitton stated the Council would be holding an executive session, in accordance with the V.T.C.A . Government Code, Section 551 .074(a)(l), to discuss personnel matters (City Manager); pending or contemplated litigation (Electric Utilities , Parks and Recreation , Police Department, Water Utilities); personnel matters regarding duties , responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange , lease, or value of real property (Streets Engineering). 8:05 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(l) to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Electric Utilities, Parks and Recreation, Police Department, Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(l) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Board of Electrical Examiners Community Development and Services Board Finance Subcommittee of Citizens Advisory Committee for Capital Improvements Projects Human Relations Commission Neighborhood Redevelopment Commission 183 City Council Meeting October 9 , 1997 Page 184 Planning and Zoning Commission Public Transit Advisory Board ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Streets Engineering). 9:30 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Discuss regular agenda items. Item No. 26 was moved from consent agenda to regular agenda. ( 6.) Discussion of Playa Lake Ownership presented by Bernie Gradel, President of the West Texas Developer's Council, and Rick McGuire, President of the West Texas Home Builder's Association. ( 7.) Discussion of the Clapp Park Storm Sewer Financial Analysis presented by Betsy Bucy and Marsha Hensley, City Staff. This item was not discussed . ( 8.) Presentation by Councilman Randy Neugebauer on the Trade Corridor Initiative for Lubbock and the West Texas area. ( 9.) Briefing on bond program for Enterprise Funds Capital Projects presented by Anna Mosqueda, Managing Director of Financial Services. This item was not discussed . 11:18 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Mayor Sitton called the meeting to order at 11: 18 A.M. (10.) The Invocation was given by Reverend Bob Brandt, Gloria Dei Lutheran Church. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Electric Utility Board Receiving: Dr. John Bowen Citizens Traffic Commission Receiving : James Burgess CITIZEN APPEARANCES (12.) Presentation of update on activity of Building Board of Appeals by Mike Landress, Chair. 184 Mayor Windy Sitton asked that a representative from each board address the City Councilmembers. Chair of the Building Board of Appeals , Mike Landress, gave a brief overview of the functions and accomplishments of this board . City Council Meeting October 9, 1997 Page 185 Building Board of Appeals hears appeals regarding the suitability of alternate materials and methods of construction, and provides for reasonable interpretation of the Building Code. Members of the board should be qualified by experience and training to pass on matters pertaining to building construction with at least one member being from the home-building industry . (13.) Presentation of Proclamation to Disabled American Veterans in recognition of "Forget-Me-Not Flower" days. Emory Wall with the Disabled American Veterans accepted this Proclamation. The offering up of the Forget-Me-Nots is an act of kindness and love to your neighbor and friend, and it is a sign of caring for the less fortunate in the Lubbock City area. Forget-Me-Not flowers promote a spirit of giving from the community throughout Lubbock , West Texas, and across the nation. On October 17-25, 1997 the Disabled American Veterans will be at various locations throughout Lubbock giving away Forget-Me-Not flowers and accepting donations. These donations will be used for those less fortunate veterans, veterans' wives, and veterans' children throughout the Lubbock area. (14.) Presentation of Special Recognition for Respiratory Care Week to Marcia Black of Texas Society for Respiratory Care High Plains District. Marcia Black, with the TSRC H igh Plains District, accepted this Special Recognition. The Texas Plains District of the Texas Society for Respiratory Care promotes the care, treatment, control, management, and diagnostic evaluation of individuals suffering from deficiencies and abnormalities of the cardiopulmonary system. Their goal is to assist these persons in living a more productive, fulfilling life. Respiratory care professionals work around the clock every day to meet the respiratory needs of the populace from newborn to elderly. These dedicated individuals work in many areas of health care from hospitals, nursing homes, home care, rehabilitation, doctor's offices, and institutions of higher learning. The week of October 12-18, 1997 has been declared National Respiratory Care Week. This week recognizes that every breath is a struggle for those persons suffering from either acute or chronic respiratory problems . CITIZEN COMMENTS One citizen , Mikel Ward, expressed comments to the council. CONSENT AGENDA (Items No. 15-25 and No. 27-34) (15.) Approval of the minutes of the Regular City Council Meeting of September 25, 1997. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve the minutes of the September 25, 1997 Regular City Council Meeting as written. Motion carried: 7 Yeas, 0 Nays . (16.) Ordinance No. 10016 -Abandon and close a portion of 66th Street located in Section 36, Block A-K, Lubbock County (5920 66th Street). 185 City Council Meeting October 9 , 1997 Page 186 ORDINANCE NO. 10016 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH STREET LOCATED IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE ; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke , seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 10016 as recommended by staff. Motion carried: 7 Yeas , 0 Nays. (17.) Consider Resolution No. 5649 authorizing the Mayor to execute a license agreement with the West Texas and Lubbock Railroad Company, Inc. for a traffic signal cable (NEC 45th Street and Brownfield Highway). RESOLUTION NO. 5649 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 License Agreement for an electrical line across railway property by and between the City of Lubbock and the West Texas and Lubbock Railroad Company, Inc. to be constructed , owned , operated and maintained by said City of Lubbock across said Railroad's right-of-way at mile post 6 .19 ± in the SE 114 of Section 37, Block AK, Lubbock County, Texas, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of the 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 October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Ed Bucy Ed Bucy, Right-of-Way Agent APPROVED AS TO FORM: Isl Harold Willard Harold Willard , Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the License Agreement is filed with Resolution 5649. 186 The City 's Traffic Engineering Department desires to place a traffic signal cable across the West Texas and Lubbock Railroad Company's railroad just east of 45th Street and north of the Brownfield Highway. This license agreement will allow the City to cross over their tracks and City Council Meeting October 9, 1997 Page 187 install this traffic signal cable. The cost of this license is $350 per year with a $200 processing fee. The Right-of-Way Department recommended the execution of this license agreement. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5649 as recommended by staff. Motion carried: 7 Yeas, 0 Nays . (18.) Consider Resolution No. 5650 authorizing the Mayor to execute the necessary SFY 1998 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL). RESOLUTION NO, 5650 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 for Interlibrary Loan Services (#601. 7) and two Contracts for Library Systems Services (#599 . 99 and #600.9) with the Texas State Library and Archives Commission, and all related documents to any of such Contracts 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 October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST : Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract is filed with Resolution 5650 . The West Texas State Library System (WTLS) is a state funded grant program designed to improve library service programs in a twenty-nine county area. WTLS is one of ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library . The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries which are members of the system. Also, the system encourages the establishment of public libraries in communities which do not have library services. At the end of the 187 City Council Meeting October 9, 1997 Page 188 current state fiscal year (SFY97), thirty-three libraries were qualified for membership. This number will increase to thirty-four libraries during SFY98. The Lubbock City-County Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1, 197 4. This year is the twenty-fourth annual such contract renewal. As the Major Resource Center, the Lubbock City-County Library also serves as the headquarters for the ILL grant program . The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the twenty-nine county area served by WTLS. These two programs are fully funded by the State of Texas, and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library contracts with the City of Lubbock and Lubbock City-County Library for housing of staff and implementation of the service program components. The City of Lubbock will receive compensation of 9. 03 % of direct charges to reimburse the cost of fiscal administration of the grant. For administrative purposes, the Texas State Library divides the system grant into two contracts. The total of the two is $426,685. Contract No . 600.9 is for $177,661, and No. 599.9 is for $249,024. The ILL Grant Contract No. 601.7 is for $61,371. Staff recommended that the Mayor be authorized to execute the necessary contract documents provided in the resolution document and associated documents with the Texas State Library. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5650 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (19.) Consider Resolution No. 5651 authorizing the Mayor to execute a joint funding agreement with the United States Department of the Interior -Water Resources Division of the Geological Survey. RESOLUTION NO, 5651 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 Joint Funding for Water Resources Investigations, involving stream flow and water-quality data, such Agreement to be entered into by and between the City of Lubbock and Geological Survey of the United States Department of Interior, attached hereto and which Agreement shall be spread upon the minutes of the Council, and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 188 City Council Meeting October 9, 1997 Page 189 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM : Isl Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement is filed with Resolution 5651. The City has participated in this agreement since the mid 1970's in order to acquire data on the quantity and quality of run off near the Lake Alan Henry Reservoir site . This data station has received an equipment upgrade this year. The new equipment allows staff to look at real time water data on the Internet. This Internet address will give a station history of up to two weeks. To fund the agreement for the current year the City would be responsible for $13,914. This represents a cost increase of $26.00 from the previous year cost. This sum would be billed to the City in October, 1997. Based on the need for continuous water quality data on the inflow to Lake Alan Henry, Water Utilities staff recommended approval of this item and authorization of the payment of the City's share at the appropriate time . Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5651 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (20.) Consider Resolution No. 5652 authorizing the Mayor to execute an agreement with Barbara T. McCall Associates, Inc. for federal legislative services. RESOLUTION NO. 5652 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Contract and all related documents by and between the City of Lubbock and Barbara T. McCall Associates, Inc. to provide consulting , counseling and legislative services for the City of Lubbock from October 1, 1997, to September 30, 1998, subject to an additional option period of October 1, 1998 through September 30, 1999, and if said 189 City Council Meeting October 9, 1997 Page 190 option is exercised, the contract may continue for successive (2) two year periods. A copy of said contact is attached hereto and incorporated 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 October, 1997 . Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Debra B . Forte Debra B . Forte, First Assistant City Manager APPROVED AS TO FORM : Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Manager A copy of the Professional Services Contract is filed with Resolution 5652. 190 The myriad of federal legislation and federal agency decisions make it imperative that the City of Lubbock and its staff be apprised on a regular basis of federal legislative activities that impact day-to-day operations. In addition to information about federal legislative and executive action, it is in the City's best interest to ensure that the City's position on various issues be transmitted to both our Congressional delegation in Washington as well as to the Administration . As various grant opportunities become available, when it is in the best interest of the city to do so, it is important that staff be aware of these opportunities in order to submit applications in a timely manner. In order to address these needs the City of Lubbock, along with the Cities of Austin, Dallas, Denton, and Plano, contracts with Barbara T. McCall Associates for jointly sponsored Washington representation. The importance of representation in Washington is illustrated by this year's $2.6 million cost avoidance (achieved with assistance from our legislative services contractor) pertaining to an exemption for a landfill methane renting system. In the past year, an additional derived benefit was an alert that led to the City's participation in the EPA Wellhead Protection Program administered by TNRCC . On September 1 of this year, Water Utilities received a $96,600 grant which will allow protection of our groundwater, postpone or prevent water rationing, and postpone the need for an alternate water supply. Additional benefits resulting from this contract included regular updates on federal activities pertaining to HUD and CDBG funding freezes that allowed us to minimize the impact to the General Fund by implementing program changes in anticipation of changes/freezes in funding. City Council Meeting October 9 , 1997 Page 191 The major provisions of the annual agreement are as follows: the consultant acts as Washington office after consultation with staff determines policies and positions to be pursued ; and provides regular information on Washington issues/events of interest to City. Contract costs are: $19,420 payable in quarterly amounts of $4,855 -$16,00 as a retainer and $3,420 for thirty-six assured usage hours, plus Reimbursable costs not to exceed $5,000 -to be billed monthly; and Optional hours over the thirty-six assured usage hours will be billed at $95 per hour at City 's option -to be billed monthly Staff recommended renewal of contract. Motion was made by Councilmember Cooke , seconded by Councilmember Hernandez to pass Resolution No. 5652 as recommended by staff. Motion carried: 7 Yeas, 0 Nays . (21.) Consider Resolution No. 5653 authorizing the Mayor to execute a contract with the Texas Department of Transportation for the Lubbock Bicycle Project which will provide signage and loop detectors throughout the Lubbock urban area. RESOLUTION NO. 5653 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Surface Transportation Program Transportation Enhancements Contract (The Lubbock Bicycle Project) and all related documents with the Texas Department of Transportation . Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 191 City Council Meeting October 9, 1997 Page 192 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Mildred Cox Mildred Cox, Managing Director Transportation Services APPROVED AS TO FORM: Isl William de Haas William de Haas, Assistant City Attorney A copy of the Contract is filed with Resolution 5653 . On March 28, 1996 the City Council passed a resolution committing the City of Lubbock to provide local match (20 % ) for the costs associated with the Lubbock Bicycle Project. The bicycle project was submitted for consideration as part of the Statewide Transportation Enhancement Program. The project was approved for funding on August 28, 1996 by Texas Transportation Commission Minute Order No. 106939. The City of Lubbock, according to the proposed contract, will receive $166,198.40 in federal funds for the Lubbock Bicycle Project and will provide $41,549.60 in matching local funds. This project is budgeted in the Streets Capital Project Fund. The initial submission of the project requested $160,000 in federal funds and provided $40,000 in local match from the City. The project is scheduled to begin with the design phase and will be on the ground in late 1998 . Staff recommended approval of this contract. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5653 as recommended by staff. Motion carried: 7 Yeas, 0 Nays . (22.) Consider Resolution No. 5654 authorizing the Mayor to execute a contract with the Texas Department of Transportation to continue the appropriation of transportation planning funds to the City of Lubbock acting as the Metropolitan Planning Organization (MPO). 192 City Council Meeting October 9, 1997 Page 193 RESOLUTION NO, 5654 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK : THAT the Mayor of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Metropolitan Transportation Planning Contract and all related documents with the Texas Department of Transportation. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Mildred Cox Mildred Cox, Managing Director Transportation Services APPROVED AS TO FORM : Isl William de Haas William de Haas, Assistant City Attorney A copy of the Contract is filed with Resolution 5654 . Title 23, United States Code 104(f), authorizes Metropolitan Planning (PL) funding and 49 United States Code Section 5301 authorizes funds be made available to Metropolitan Planning Organizations designated by the Governor to support the urban transportation planning process . On October 14, 1993 the Lubbock City Council approved an agreement to designate the City of Lubbock as the MPO for the Lubbock Urbanized Area . The agreement was executed by the State of Texas on November 30, 1993. On March 14, 1994 a contract was executed between the State and the City of Lubbock to continue transportation funds for the MPO . The contract must be approved every six years at a minimum, directly between the City of Lubbock and the State . This is a standard contract sent to all MPO's. The State is asking all MPO's to sign a new contract, putting MPO's on the same contract renewal schedule. The execution of this contract will make available transportation planning funds for the on-going development of a continuing, cooperative, and comprehensive transportation planning process . The Transportation Policy Committee of the MPO, by federal law, will continue to provide overall guidance and direction to the planning process and will determine how federal transportation funds are allocated. Staff recommended approval of this contract. 193 City Council Meeting October 9 , 1997 Page 194 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5654 as recommended by staff. Motion carried : 7 Yeas, 0 Nays. (23.) Consider Ordinance No. 10022 adopting the Drainage Criteria Manual and the Master Drainage Plan. ORDINANCE NO, 10022 AN ORDINANCE AMENDING CHAPTERS 21, 24, AND 25 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ADOPTION OF A MASTER DRAINAGE PLAN AND DRAINAGE CRITERIA MANUAL BY THE CITY OF LUBBOCK; CORRECTING A TYPOGRAPHICAL ERROR; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION . The Master Drainage Plan, presented to the Council on February 27 , 1997 , lays the groundwork for establishing the flow rates for the playa lake overflow routes as well as the maximum peak water surface elevations in the developing areas of the City . The Drainage Criteria Manual, presented to the Council on September 11 , 1997 by the Drainage Criteria Advisory Committee, establishes the drainage requirements for newly developing and redeveloping areas . The ordinance will officially adopt the Master Drainage Plan and the Drainage Criteria Manual for the City of Lubbock . At the Council's recommendation , the ordinance has been reviewed and approved by the Drainage Criteria Advisory Committee (DCAC). Staff recommended the approval of this Ordinance , as does DCAC . Motion was made by Councilmember Cooke , seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10022 as recommended by staff. Motion carried : 7 Yeas , 0 Nays . (24.) Ordinance No. 10017 -Zone Case No. 2800 (1212 MLK Jr. Blvd.): Request of Thomas Stern for zoning change from R-2 and C-3 to C-4 for auto sales and utility trailers on Lots 37-42, Block 1, Whitehead Addition. ORDINANCE NO, 10017 AN ORDINANCE AMENDING ZONING ORDINANCE NO . 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2800: A ZONING CHANGE FROM R-2 AND C-3 TO C-4, ZONING ON LOTS 37 -42 , BLOCK 1, WHITEHEAD ADDITION , LUBBOCK, TEXAS; SUBJECT TO CONDITIONS ; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION . Motion was made by Councilmember Cooke , seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 10017 as recommended by staff. Motion carried: 7 Yeas , 0 Nays. (25.) Ordinance No. 10018 -Zone Case No. 2801 (4412 19th Street): 194 Request of Hugo Reed (for the estate of Mildred Biggers c/o Ann Finkerstaedt Ind. Executor) for zoning change from R-1 to C-2 for commercial development on Lot 6, Block 1, West Gate Drive Addition. City Council Meeting October 9, 1997 Page 195 ORDINANCE NO. 10018 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES : ZONE CASE NO . 2801: A ZONING CHANGE FROM R-1 TO C-2 ZONING ON LOT 6, BLOCK 1, WEST GATE DRIVE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS ; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 10018 as recommended by staff. Motion carried: 7 Yeas, 0 Nays . (27.) Consider Resolution No. 5655 authorizing the Mayor to execute an Interlocal Agreement with the South Plains Auto Theft Task Force (SPATTF) allowing them to operate radios on Lubbock Police Department (LPD) frequencies. RESOLUTION NO. 5655 WHEREAS the City operates an 800 MHz Trunked Radio System on a frequency licensed to the City by the F.C.C.; and, WHEREAS the Council has determined that the City will save costs through reduced personnel requirements by sharing its 800 MHz Trunked Radio System with the South Plains Auto Theft Task Force and that the costs savings will exceed the $1,270.00 infrastructure fee per radio of the Subscriber and the annual fee of $114.00 per radio of the Subscriber; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK : THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation Agreement with the South Plains Auto Theft Task Force for sharing the benefits of an 800 MHz Trunked Radio System on frequency licensed to the City of Lubbock . The Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON , MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Ken A . Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM : I sf Dan T . Saluri Dan T. Saluri , Assistant City Attorney 195 City Council Meeting October 9, 1997 Page 196 A copy of the Interlocal Cooperation Agreement is filed with Resolution 5655 . This agency has purchased two radios which will be used only to communicate with the LPD during law enforcement operations conducted jointly with the LPD. One-time, $1270 per radio infrastructure, and annual, $114 per radio, maintenance fees may be waived if the City receives benefits equal to, or exceeding , the fees waived. The Police Department can demonstrate they do. The primary benefit to having direct radio communications is that staff eliminate the need to place an LPD officer with them to coordinate communications . This frees our officers for other assignments in the same operation and reduces the number of officers required. There is also an intangible benefit of increasing officer safety without increasing the staffing required or an operation. The Police Department recommended approval of this resolution . Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5655 as recommended by staff. Motion carried: 7 Yeas , 0 Nays . (28.) Consider Resolution No. 5656 authorizing the Mayor to execute an Interlocal Agreement with the Texas Alcoholic Beverage Commission (T ABC) allowing them to operate radios on Lubbock Police Department (LPD) frequencies. RESOLUTION NO. 5656 WHEREAS the City operates an 800 MHz Trunked Radio System on a frequency licensed to the City by the F.C.C.; and, WHEREAS the Council has determined that the City will save costs through reduced personnel requirements by sharing its 800 MHz Trunked Radio System with the Texas Alcoholic Beverage Commission and that the costs savings will exceed the $1,270.00 infrastructure fee per radio of the Subscriber and the annual fee of $114.00 per radio of the Subscriber ; NOW THEREFORE : BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation Agreement with the Texas Alcoholic Beverage Commission for sharing the benefits of an 800 MHz Trunked Radio System on frequency licensed to the City of Lubbock. The Agreement 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. 196 City Council Meeting October 9 , 1997 Page 197 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON , MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell , City Secretary APPROVED AS TO CONTENT: Isl Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: Isl Dan T . Saluri Dan T. Saluri, Assistant City Attorney A copy of the Interlocal Cooperation Agreement is filed with Resolution 5656 . This agency has purchased two radios which will be used only to communicate with the LPD during law enforcement operations conducted jointly with the LPD. One-time, $1270 per radio infrastructure, and annual, $114 per radio, maintenance fees may be waived if the City receives benefits equal to , or exceeding , the fees waived. The Police Department can demonstrate they do . The primary benefit to having direct radio communications is that staff eliminate the need to place an LPD officer with them to coordinate communications . This frees our officers for other assignments in the same operation and reduces the number of officers required. There is also an intangible benefit of increasing officer safety without increasing the staffing required or an operation. The Police Department recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5656 as recommended by staff. Motion carried : 7 Yeas, 0 Nays. (29.) Consider Resolution No. 5657 authorizing amendment of Environmental Engineering Services Agreements with Compliance Services Group, Inc. RESOLUTION NO, 5657 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 Agreement for Environmental Engineering Services, attached herewith , by and between the City of Lubbock and Compliance Services Group, Inc., and any associated documents, which Amendment to Agreement shall be spread upon the minutes of the Council, and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 197 City Council Meeting October 9, 1997 Page 198 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Dan Dennison Dan Dennison, Environmental Compliance Manager APPROVED AS TO FORM: I sf Richard Casner Richard Casner, Natural Resources Attorney A copy of the Amendment to Agreement is filed with Resolution 5657. On November 16, 1995 the Mayor signed a resolution authorizing Environmental Engineering Services Agreements with Compliance Services Group, Inc. for investigation and abatement of subsurface contamination at the City of Lubbock Fire Training site and the Airport Crash Fire Rescue (CPR) site . The first phase, including historical research and preparation of site investigation plans, has been completed. The next phase involves soil/groundwater sampling procedures as directed by the site investigation plans . The actual site investigations will be conducted in two stages -an initial limited assessment, and a subsequent in-depth assessment based upon findings of the initial assessment. This two tiered approach will allow the most conservative use of funds. The funding request in the amount of $102,900 for the first stage assessment is included as an attachment. An amount of $250,000 has been earmarked in a capital project fund for preliminary activities related to these environmental sites. These procedures are deemed necessary by the TNRCC and the EPA in order to provide data for development and implementation of acceptable site remediation procedures. Council approval is requested to amend the original agreement with the vendor to update previously unknown costs for site investigations and assessment reports . This will enable testing procedures to commence, as required by regulatory authorities. Staff recommended Council approval . Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5657 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (30.) Ordinance No. 10020 -Amend Article IX, Chapter 14 of the Code of Ordinances of the City of Lubbock with regard to Sexually Oriented Businesses. 198 City Council Meeting October 9 , 1997 Page 199 ORDINANCE NO, 10020 AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK , TEXAS , WITH REGARD TO SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY ; SETTING FORTH DEFINITIONS · SETTING FORTH AFFIRMATIVE DEFENSES; PROVIDING FOR ' PERMITS AND PERMIT APPLICATIONS; PROVIDING FOR INSPECTIONS; , PROVIDING FOR SUSPENSION AND REVOCATION OF PERMITS ; PROVIDING FOR ADDITIONAL REGULATIONS; ESTABLISHING AGE REQUIREMENTS ; RE-NUMBERING; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION . Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 10020 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (31.) Bid No. 97140 -Sale of Scrap Paper Goods -Annual Pricing (Solid Waste) This bid is for the sale of scrap cardboard and paper products collected in rec ycling and commercial operations . The Solid Waste Department anticipates receiving $35 ,000 annually for the sale of scrap paper. Pricing for each category of scrap paper is based upon a percentage of the weekly publication Official Board Markets (OBM). The high bidder for scrap corrugated cardboard was from B .F.I. Waste Systems of North America at 80 % of OBM. Vista Fibers was the high bidder for the following items: Newsprint OMP6 : Coated Sulfite : Shredded Computer Paper: White Paper: Mixed Paper: 67 % 120 % 90 % 75 % 150 % OBM OBM OBM OBM OBM Motion was made by Councilmember Cooke , seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; O Nays. (32.) Bid No. 97191 -Forensic Image Detection & Enhancement System (Police Department) Southwestern Engineering and Equipment Company, Dallas , Texas Motio~ was made by Councilmember Cooke, seconded by Counc1lmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; O Nays . (33.) Bid No. 97195 -Utility Bed with Aerial Device (Traffic Department) Altec Industries , Inc., St. Joseph , Missouri Motio~ was made by Councilmember Cooke, seconded by Counc1lmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried : 7 Yeas ; O Nays. (34.) Bid No. 97204 -Center Pivot Steel Wheels (Land Application Site) Sprinkle Wheels , Hart , Te xas 199 City Council Meeting October 9, 1997 Page 200 Motion was made by Councilmember Cooke , seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried : 7 Yeas ; O Nays . (26.) Consider Resolution No. 5658 authorizing the Mayor to execute an Architectural Services Agreement with Stiles & Stiles, Architects, for professional services to provide bid documents for the renovation of the Lubbock Housing Authority Building at 1301 Broadway for Lubbock Power and Light Offices (Project No. 9354.8302.10000). RESOLUTION NO. 5658 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, attached herewith, by and between the City of Lubbock and Stiles & Stiles, Architects, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of October, 1997. I sl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Gary Smith Gary Smith, Facilities Manager APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution 5658 . 200 On May 19, 1997 the City of Lubbock signed an agreement with Stiles & Stiles, Architects , for that firm to provide a preliminary feasibility study for the purchase and renovation of the Lubbock Housing Authority (LHA) Building at 1301 Broadway into offices for Lubbock Power and Light (LP&L). This study was finished and negotiations between LP&L and LHA were completed in September , 1997 . On September 25, 1997 the City Council approved the purchase of the LHA Building for ~P&L. This Architectural Services Contract will provide for the preparation of bid documents for the renovation of the building into offices for LP&L Administration, Engineering, and Collections, as well as several lessees . The design and construction of this facility is expected to be completed in early 1998 . The budget for construction cost is $670,000 . City Council Meeting October 9, 1997 Page 201 Facilities Management and Lubbock Power and Light staff reviewed "Architect-Engineer and Related Services Questionnaires" (Standard Form 254) provided by fifteen local architectural firms on file with the Purchasing Department. The staff evaluated each firm on their experience with renovation projects, qualifications, familiarity with the facility, and anticipated ability to perform the work in a timely manner. Due to their staffing commitments, performance on past projects, qualifications, extensive experience in renovation, and their past work on the LHA building, Facilities Management and LP&L recommended selection of Stiles & Stiles, Architects. A contract between the City of Lubbock and Stiles & Stiles, Architects, AIA Document No. B151 --Agreement Between Owner and Architect, was submitted for Council consideration and included in Council's backup. This Architectural Services Agreement has been approved by the Facilities Manager, LP&L, and Legal staffs . The cost of Basic Architectural Services amounts to $46,900 or 7 % of the total estimated and budgeted renovation cost of $670,000, a reasonable percentage for renovation projects and within the budget. Based on the review of Forms 254, previous work experience, and the negotiated fee for professional services, the Facilities Management Department and LP&L recommended the award of this contract to Stiles & Stiles, Architects. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5658 as recommended by staff. Motion carried : 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. (35.) Ordinance No. 10019 -Amend Article V, Division I of Chapter 12 of the Code of Ordinances of the City of Lubbock in regard to objectionable, unsightly, or unsanitary matter. ORDINANCE NO. 10019 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, AMENDING ARTICLE V, DIVISION I OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY; DECLARING WEEDS, RUBBISH, BRUSH, ILLEGAL DUMPING AND OTHER OBJECTIONABLE, UNSIGHTLY OR UNSANITARY MATTER A NUISANCE AND SETTING FORTH REGULATIONS REQUIRING THE OWNER OR PERSONS HAVING SUPERVISION OR CONTROL OF THE PROPERTY TO KEEP PROPERTY FREE OF SUCH VIOLATIONS; PROVIDING FOR ABATEMENT OF SUCH VIOLATIONS BY THE CITY AND RECOVERY OF COSTS AND EXPENSES OF SUCH ABATEMENT, INCLUDING PROVISIONS FOR IMPOSITION OF A LIEN ; PROVIDING FOR AN ADMINISTRATIVE FEE BEING THE COST OF ADMINISTERING THE TERMS OF THIS DIVISION; PROVIDING FOR A PENALTY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. As per Council directive at the September 25, 1997 Council meeting, this ordinance has been amended by striking the phrase "tends to become detrimental to public health". The phrase will now read "is detrimental to public health". 201 City Council Meeting October 9, 1997 Page 202 In addition, staff recommended amending the phrase in Section 12-106 .1 stating "Division I of the Article, the City shall charge the sum of ... " to "Division 1 of this Article, upon abatement by the City, the City shall charge the sum of ... ". This amendment is for clarification and does not change the intent. Better enforcement of violations regarding objectionable, unsightly, or unsanitary matter will improve the health and safety of the citizens of Lubbock and their quality of life. Environmental Inspection Services recommended the approval of the proposed amendments. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 10019 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (36.) Ordinance No. 10021 -Amend the use and allocation of hotel/motel occupancy tax. ORDINANCE NO. 10021 AN ORDINANCE AMENDING SUBSECTION 26-22(b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO ALLOCATION OF HOTEL OCCUPANCY TAX REVENUES; PROVIDING A SA VIN GS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10021 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. PUBLIC HEARINGS (37 .) Public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit on a tract of land located approximately 2,497 feet north and 1,311 feet east of the southwest corner in Section 5, Block A, Lubbock County, Texas (inside North Loop 289 east of MLK Jr. Blvd.) Designation of well is Texland-Lif-Lubheirs No. 18. Mayor Sitton opened the public hearing at 11 :36 a.m. Dub Bratcher, Attorney-at-Law, appeared on behalf of Texland Petroleum. No one appeared in opposition. Mayor Sitton closed the hearing at 11 :39 a.m. Background/Discussion and Summary /Recommendation for this item are included in Item No. 38 below. (38.) Approval of an Oil Drilling Permit for Lif-Lubheirs No. 18. 202 On September 22, 1997 the Planning Department received an application for a permit to drill the above described well. The well is an enhancement well in a secondary recovery field. The City of Lubbock has an interest in the mineral rights within the production unit. Texland owns the lease for the property. The storage site is proposed in conjunction with an existing tank battery. The application is in order. The original production unit contains forty acres and has a maximum diagonal of less than 3,000 feet. Texland proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock City Council Meeting October 9, 1997 Page 203 County . Access to the drill site and storage site is proposed from North Loop 289 on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is uninhabited and current use is agricultural. The proposed well is at least 2,500 feet north of existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated residential on the Comprehensive Land Use Plan. With additional wells in the immediate area and no immediate development prospects, few long term negative impacts are anticipated. The staff recommended approval subject to the following recommended permit conditions: 1. No hydrocarbon lubricant (waste oil) shall be used to free-up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and, if used, the second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for Lif-Lubheirs No . 18 . The request is routine. Staff recommended approval of the permit with the conditions outlined above. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve the Oil Drilling Permit for Lif- Lubheirs #18. Motion carried : 7 Yeas, 0 Nays. (39.) Ordinance No. 10023 -Zone Case No. 1099-C (southwest corner of 50th and Indiana): Continued request of Hugo Reed (for United Supermarkets) for zoning change from R-1 Specific Use to C-2 Specific Use for a self service gasoline service station on the north 150 feet of the east 150 feet of Lot 1, Caraway Addition. ORDINANCE NO. 10023 AN ORDINANCE AMENDING ZONING ORDINANCE NO . 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1099-C: A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-2 SPECIFIC USE ZONING FOR A GASOLINE SERVICE STATION ON THE NORTH 150 FEET OF THE EAST 150 FEET OF LOT 1, CARAWAY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11 :40 a.m. Hugo Reed appeared on behalf of United Supermarkets to present the zone change from R-1 Specific Use to C-2 Specific Use for a self service gasoline service station . Bernie Gradel, Kent Moore, and Mikel Ward also 203 City Council Meeting October 9, 1997 Page 204 204 appeared in favor of the zone change. Joe Horkey, Burl Masters, and R .A. Noret appeared in opposition. Mayor Sitton closed the hearing at 12 :12 a.m. During the August Planning Commission meeting, a request to rezone the area formerly occupied by the Caraway windmill and mulberry tree was denied. This agenda item is an appeal which requires six positive Council votes to overturn the Planning Commission action. This request obviously causes a mixture of feelings from adjacent property owners. The person who sold the property to United, and still owns the shopping center, opposed previous variance requests for different business in three directions from the parcel. The previous cases included a restaurant patio at Mission Plaza (denied), a gasoline canopy setback reduction for Friends (denied) and a setback reduction for the new drive through bank in front of Albertsons (approved). The staff supported all three. From the original zone case (1963), the comer (a 145 foot triangle) was designated as "landscaped area -no building site". The triangular area reserved part of the site of the Caraway windmill and a mulberry that occupied the original home site on the Caraway ranch. Ironically, an as- built survey indicates that the windmill and most of the tree were not in the triangle described in the 1963 zone case. The tree was removed recently because of disease and structural problems. The windmill has been donated to the National Windmill Project. Many in our community had an attachment to the site for historical and open space reasons. Adjacent land uses: North -commercial South -commercial East -commercial West -commercial The property is noted as commercial on the Comprehensive Land Use Plan. The proposal presents two items for discussion related to zoning policy: A. Landscape -In 1963, the zoning code had no requirement for landscape area. The zone change approved in 1963 for Winchester Square was Specific Use, and the site plan contains the provision for a landscaped area on the comer. Approval of this request will modify that original ordinance and will, in effect, make Winchester Square not conform to the standard of the current code for 5 % on-site landscape area. But, the zoning ordinance in 1963 did not have a required amount of landscape as staff do now. As noted, the original Specific Use permit for Winchester Square did have a requirement, which this zone case is filed to amend. Mr. Burl Masters (representing an adjacent landowner) contended that the resulting non-conforming status of the landscaped area for the shopping center would cause the shop owners to have to file a ZBA request to expand or renovate . The staff response was that is not true, unless some circumstance other than the landscape triggers the need for a variance request. During the hearing, the staff suggested a condition that would add landscape area to the proposed site plan and help soften the City Council Meeting October 9, 1997 Page 205 looks of the gas island on the corner parcel. The proponent may present even more on a revised plan at the Council hearing. B. Setback -In fifteen to twenty previous zone cases or ZBA requests, the reduction of setback for self service gas canopies has become fairly routine, with twenty feet a normal request. The proposal at this site is thirty-five feet from 50th and thirty- five feet from Indiana . The Friends store north of this site has been the single exception, Mr. Horkey represented correctly in his response form that the former owner of the parcel in question opposed their setback reduction based on visual access to the tree. While the staff supported the proposal, the ZBA denied the request. If the Council determines that the eight foot reduction represents a serious advantage for United, simply approving the request with a forty- three foot setback would address that concern. The project should have little additional negative effects on traffic in the area, although vehicle counts will be added to system. Any new business and curb cuts at an intersection will add to existing congestion. Mr. Masters extensively reviewed how, in his opinion, the new curb cuts will be a disaster. The Center currently has three on 50th and two on Quaker. The proposed gas center will add one more on each street. These new totals are within the Code provision for a tract as large as the Center. Some discussion indicated that the proposed drives did not meet the current code . A separate code governs drive cuts, not a zone case site plan. The proposed drive cuts can be amended to meet current standards. Another contention by adjacent business was that the number of parking spaces on the shopping center would be reduced. As presented, the new facility does not affect the shopping center parking. No cross access or elimination of spaces is proposed. If the cross access to the Center is proposed, approximately ten spaces would be eliminated, those at the greatest distance from the Center stores. Also, the general public would benefit by the customers at the gas facility being able to diffuse back on the thoroughfare system from other curb cuts, not only on the two proposed on the site plan. The original case was filed as C-3 Specific Use, the proposed ordinance is written as C-2 Specific Use as provided in the Zoning Code . Planning Commission minutes were included in backup. The Commission made note of appreciation for the contributions of United Supermarkets to the Community, but that this corner, with the increased setback on two other corners as well as Monterey High School, is not best served with the proposed facility. As noted to the Planning Commission, the staff is very aware of and shares the sentiments attached to the historic site . The open space on the corner has been an asset to the community. But in being equitable, regarding the many other fully commercial corners in Lubbock, as well as having also supported the ZBA request for reduced setbacks both north (gas canopies), west (a dining patio), and east of this parcel (a drive through bank addition), the comments by the Senior Planner were in support of the project subject to an enhanced amount of landscape area. 205 City Council Meeting October 9, 1997 Page 206 Randy Henson , Senior Planner , presented staff comments . Mikel Ward spoke in support of overturning the Planning Commission's ruling of United 's venture and stated she was "pro-business". Joe Horkey spoke of his concerns that the changes to the plan were not readily provided to Horkey 's; the 43-foot setback was changed but not made a part of the official file. He suggested that the council uphold the Planning Commission's decision . When questioned by Councilmember Hernandez regard the direct competition , Mr . Horkey voiced that his concerns were more along of the line of concern about the traffic flow and safety . Burl Masters spoke from a professional planner's perspective , advising it was not a good use of property, inappropriate land use for a difficult traffic pattern. He suggested that the council uphold the Planning Commission's ruling . Motion was made by Councilmember Hernandez , seconded by Councilmember Nelson to overturn the Planning Commission ruling and pass on first reading Ordinance No . 10023 . Motion carried: 6 Yeas, 0 Nays . Councilmember Ince recused himself. HEALTH AND COMMUNITY SERVICES (40.) Consider Resolution No. 5659 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and YWCA of Lubbock to provide funding from the Community Development Block Grant for the YW- Care Expansion Program and the YWCA Day Camp Program. RESOLUTION NO. 5659 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 Community Development Funding Contract and all related documents with YWCA of Lubbock . Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 206 City Council Meeting October 9, 1997 Page 207 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST : Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: Isl William de Haas William de Haas, Assistant City Attorney A copy of the Contract/ Agreement is filed with Resolution 5659. These funds are to be utilized for funding the YW Care Expansion Program, which provides an after school program for elementary age children at Harwell, Tubbs, and Wolfforth Elementary . The program will focus on children who have been identified as low-income and high- risk. The YWCA Day Camp Program will provide day care in a camp setting for low income elementary-age children during the summer. Children will be recruited from Chatman Hill, Arnett Benson, and Harwell Neighborhoods. The number of children who will benefit from these programs will be twenty six . Amount: $12,532.00 Match: 25% Return of Investment: Not required for public service projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 5659 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. Mayor Sitton recused herself. 207 City Council Meeting October 9, 1997 Page 208 (41.) Consider Resolution No. 5660 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Broadway Festivals, Inc. to provide funding for the 4th Corps project from Community Development Block Grant funds. RESOLUTION NO, 5660 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 Community Development Funding Contract and all related documents with Broadway Festivals, Inc . Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October , 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM : I sl William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5660. 208 These funds will provide scholarships for ten low income youths to participate in the 4th Corps program. This two week camp emphasizes the importance of the work ethic, self discipline, responsibility, and community pride. Amount : $5 ,000 .00 Match : 25% Return of Investment: Not required for public service projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26 , 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. City Council Meeting October 9 , 1997 Page 209 Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 5660 as recommended by staff. Motion carried : 5 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais . Mayor Sitton recused herself. (42.) Consider Resolution No. 5661 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Lubbock Regional MHMR to provide funding for the renovation project of the Billy Meeks Center from Emergency Shelter Grant funds. RESOLUTION NO. 5661 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 Community Development Funding Contract and all related documents with Lubbock Regional MHMR. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT : I sl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: Is l William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5661. These funds will provide for the renovation of the Billy Meeks facilities located at 1601 and 1602 Vanda Street. The projected number of individuals served is 208. Amount: $10,200.00 Match: 100% Return of Investment: Not required for Emergency Shelter Grants Terms : October 9, 1997 through September 30, 1998 209 City Council Meeting October 9, 1997 Page 210 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5661 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. Mayor Sitton recused herself. (43.) Consider Resolution No. 5662 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Women's Protective Services, to provide funding from the Emergency Shelter Grant for essential services. RESOLUTION NO. 5662 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 Community Development Funding Contract and all related documents with Women's Protective Services of Lubbock, Inc. -Essential Services. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council . Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5662. 210 The essential service funds will provide professional services, adult education, transportation and medical services for the residents. Approximately 2,500 unduplicated individuals will benefit from the essential services fund. City Council Meeting October 9, 1997 Page 211 Amount: $18,700.00 Match: 100% Return Qf Investment: Not required for Emergency Shelter Grants Terms: October 9 , 1997 through September 30 , 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting . Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No . 5662 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. Mayor Sitton recused herself; Councilmember Neubegauer recused himself. (44.) Consider Resolution No. 5663 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the South Plains Children's Shelter to provide funding from the Emergency Shelter Grant for Renovations. RESOLUTION NO, 5663 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 Community Development Funding Contract and all related documents with South Plains Children 's Shelter. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. ATTEST : Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM : Isl William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON , MAYOR 211 City Council Meeting October 9, 1997 Page 212 A copy of the Contract/ Agreement is filed with Resolution 5663. South Plains Children's Shelter will be purchasing an air conditioner/heating unit for a study room located in a converted detached garage at their facility . The projected number of children served is 100. Amount: $525 . 00 Match: 100% Return of Investment: Not required for ESG projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No . 5663 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. Councilmember Cooke recused himself. (45.) Consider Resolution No. 5664 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Lubbock Housing Finance Corporation to provide funding from the Community Development Block Grant for Down Payment and Closing Cost Assistance. RESOLUTION NO. 5664 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 Community Development Funding Contract and all related documents with Lubbock Housing Finance Corporation -Down Payment and Closing Cost Assistance . Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 212 City Council Meeting October 9, 1997 Page 213 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: Isl William de Haas William de Haas, Assistant City Attorney A copy of the Contract/ Agreement is filed with Resolution 5664. These funds are to be utilized for a down payment and closing cost assistance program for low to moderate income families . The assistance will be in the form of a loan, and loan servicing will be provided by Community Development. 10 % of the grant will be used for administration. Projected number of households served is twenty eight. Amount : $125,000.00 Match: 25% Return of Investment: Although no return of investment is required for this type of program, all loaned amounts will be returned to Community Development through the home buyer's loan payments . Projected amount to be returned is $112,500 plus interest. Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass Resolution No. 5664 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. Councilmember Patterson recused himself. 213 City Council Meeting October 9, 1997 Page 214 (46.) Consider Resolution No. 5665 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Lubbock Housing Finance Corporation to provide funding from the Community Development Block Grant for the Keys to Homeownership program. RESOLUTION NO, 5665 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 Community Development Funding Contract and all related documents with Lubbock Housing Finance Corporation -Keys to Homeownership . Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM : Isl William de Haas William de Haas , Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5665 . 214 These funds are be utilized for administrative expenses associated with the Keys to Homeownership program. This program provides educational opportunities about affordable housing programs for low to moderate income families and provides a housing information hot line . The projected number of individuals served is 500. Amount: $25,000.00 Match: 25 % Return of Investment: Not required for public service projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. City Council Meeting October 9, 1997 Page 215 Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass Resolution No. 5665 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais . Councilmember Patterson recused himself. (47.) Consider Resolution No. 5666 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Early Learning Centers of Lubbock to provide funding from the Community Development Block Grant for a Child Care Fee Assistance Program. RESOLUTION NO, 5666 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 Community Development Funding Contract and all related documents with Early Learning Centers of Lubbock, Inc. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman , Managing Director of Health & Community Services APPROVED AS TO FORM : /s/ William de Haas William de Haas, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5666 . These funds are to be utilized to provide fee assistance for quality child care to low income families, especially single parent families, who are working or who attend school. Parents are required to attend parent education classes. This program will assist ten children throughout the year. Amount: $8,125.00 Match: 25% 215 City Council Meeting October 9, 1997 Page 216 Return of Investment: Not required for public service projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 5666 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (48.) Consider Resolution No. 5667 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Catholic Family Service, Inc. to provide funding from the Community Development Block Grant for a Child Care Initiative Program. RESOLUTION NO, 5667 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 Community Development Funding Contract and all related documents with Catholic Family Service, Inc. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Doug Goodman Doug Goodman , Managing Director of Health & Community Services APPROVED AS TO FORM: Isl William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5667. 216 These funds are to be utilized to provide child care fee assistance to low/moderate income families , who are working toward self-sufficiency. The families will be able to choose from a variety of day care providers (within dollar limits) while attending school or job training . This program will assist an estimated 86 families. City Council Meeting October 9, 1997 Page 217 Amount: $50,000.00 Match: 25% Return of Investment: Not required for public service projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass Resolution No. 5667 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (49.) Consider Resolution No. 5668 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Lubbock Area Coalition for Literacy to provide funding from the Community Development Block Grant for the Arnett Benson Literacy Outreach Program. RESOLUTION NO, 5668 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 Community Development Funding Contract and all related documents with Lubbock Area Coalition for Literacy. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997 . ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM : I sf William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5668. 217 City Council Meeting October 9, 1997 Page 218 These funds are to be utilized for a project which proposes to provide youth and adult reading and literacy programs in the Arnett Benson Neighborhood . Programs will include English as a second language , Share-a-Book, Tiny Tots Read A-Lot, and other programs . This program will serve an estimated 100 families. Amount: $15,000 .00 Match: 25 % Return of Investment: Not required for public service projects Terms : October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26 , 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass Resolution No . 5668 as recommended by staff. Motion carried: 7 Yeas, 0 Nays . (50.) Consider Resolution No. 5669 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Lubbock Regional Council on Alcohol and Drugs to provide funding from the Community Development Block Grant for the Girl Power! Program. RESOLUTION NO. 5669 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 Community Development Funding Contract and all related documents with Lubbock Regional Council on Alcohol and Drugs. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 218 City Council Meeting October 9, 1997 Page 219 Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman , Managing Director of Health & Community Services APPROVED AS TO FORM : Isl William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5669. These funds are to be utilized for the Girl Power! Program, which proposes to reach girls ages 9-14 and the adults who influence them. The program provides special resistance skills training to allow the young girls to reach their full potential. The project will be targeted in the Arnett Benson, and Jackson/Mahon areas and will assist approximately 200 girls . Amount: $23,000.00 Match: 25 % Return of Investment: Not required for public service projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass Resolution No. 5669 as recommended by staff. Motion carried : 7 Yeas, 0 Nays . (51.) Consider Resolution No. 5670 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Lubbock Boys and Girls Club, Inc. to provide funding from the Community Development Block Grant for a SMART Moves Program. 219 · City Council Meeting October 9, 1997 Page 220 RESOLUTION NO, 5670 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 Community Development Funding Contract and all related documents with Lubbock Boys and Girls Club, Inc.. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: Isl William de Haas William de Haas, Assistant City Attorney A copy of the Contract/ Agreement is filed with Resolution 5670. 220 These funds are to be utilized to provide educational seminars to reduce pre-teen and teen vulnerability to the use of drugs and to becoming sexually involved. This program will educate 112 youth throughout the year. Amount : $9,350.00 Match : 25% Return of Investment: Not required for public service projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5670 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. City Council Meeting October 9, 1997 Page 221 (52.) Consider Resolution No. 5671 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and The Salvation Army, a Georgia Corporation, to provide funding from the Emergency Shelter Grant for homeless prevention and essential services. RESOLUTION NO. 5671 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 Community Development Funding Contract and all related documents with The Salvation Army, a Georgia Corporation. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997 . ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: Isl William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5671. The essential service funds will provide food and medicine to individuals or families living in a city shelter or transitional housing, and those at risk of homelessness. Approximately 125 families will benefit from the essential services fund. The homeless prevention funds will provide mortgage, rent and utility assistance to individuals and families suffering from an emergency leaving them temporarily without funds and in danger of becoming homeless. Approximately 200 families will benefit from the homeless prevention fund. Amount: $5,000.00 Essential Service and $25,800.00 Homeless Prevention Match: 100% Return of Investment: Not required for Emergency Shelter Grants Terms: October 9, 1997 through September 30, 1998 221 City Council Meeting October 9, 1997 Page 222 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Neugebauer , seconded by Councilmember Hernandez to pass Resolution No . 5671 as recommended by staff. Motion carried : 7 Yeas, O Nays. (53.) Consider Resolution No. 5672 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Walker Houses, Inc. to provide funding for a renovation project and operations for the Walker House from Emergency Shelter Grant funds. RESOLUTION NO, 5672 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 Community Development Funding Contract and all related documents with Walker House, Inc . Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997 . ATTEST : Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: I sf Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM : Isl William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5672. 222 These funds will provide for the renovation of the Walker House located at 1614 Avenue K to include the addition of five bed spaces, and operation costs for the facility including utility and phone services. The projected number of individuals served is 150. Amount : $16,000 .00 for Renovation and $5,475.00 for Operations Match: 100% City Council Meeting October 9, 1997 Page 223 Retyrn of Investment: Not required for Emergency Shelter Grants Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting . Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No. 5672 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (54.) Consider Resolution No. 5673 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Lubbock United Neighborhood Association to provide funding for the Neighborhood Association project from Community Development Block Grant funds. RESOLUTION NO. 5673 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 Community Development Funding Contract and all related documents with Lubbock United Neighborhood Association . Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October , 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5673. These funds will provide for leadership training, crime prevention programs, and production and mailing of neighborhood newsletters. These funds will serve the sixteen CDBG-eligible neighborhood associations. 223 City Council Meeting October 9, 1997 Page 224 Amount: $22,202.00 Match: 25% Return of Investment: Not required for public service projects Terms : October 9, 1997 through September 30 , 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No. 5673 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (55.) Consider Resolution No. 5674 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and COVE, Inc. to provide funding from the Community Development Block Grant for a Public Service project. RESOLUTION NO. 5674 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 Community Development Funding Contract and all related documents with COVE, Inc. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997 . ATTEST : Isl Kaythie Darnell Kaythie Darnell , City Secretary APPROVED AS TO CONTENT: Is/ Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5674. 224 City Council Meeting October 9 , 1997 Page 225 COVE, Inc. will be using these funds to pay for administrative expenses associated with the operation of a court ordered custody exchange and supervision program. The projected number of children served is 250. Amount : $10 ,000 .00 Match: 25% Return 9f Investment: Not required for public service projects Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26 , 1997 City Council mee ti ng . Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No . 5674 as recommended by staff. Motion carried: 7 Yeas, 0 Nays . (56.) Consider Resolution No. 5675 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Community Housing Resource Board to provide funding from the HOME Investment Partnership Program Grant for the Lease Purchase Program III. RESOLUTION NO. 5675 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 Community Development Funding Contract and all related documents with Community Housing Resource Board -Lease Purchase Program III. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 225 City Council Meeting October 9, 1997 Page 226 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM : Isl William de Haas William de Haas, Assistant City Attorney A copy of the Contract/ Agreement is filed with Resolution 5675 . These funds represent the required 15 % of HOME funds set aside for a Community Housing Development Organization (CHDO). The funds will be used for the acquisition and rehabilitation of existing homes which will be leased to a potential low to moderate income home buyer . There are no administrative expenses included in this budget. The projected number of households served is five. Amount: $152,400.00 Match : 25% Return of Investment: Sale proceeds will be placed into a revolving fund by the Grantee and will be used to continue the lease purchase program . Terms: October 9, 1997 through September 30, 1999 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No. 5675 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (57.) Consider Resolution No. 5676 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Community Housing Resource Board to provide funding from the HOME Investment Partnership Program Grant for CHDO Operating Expenses. 226 City Council Meeting October 9, 1997 Page 227 RESOLUTION NO. 5676 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 Community Development Funding Contract and all related documents with Community Housing Resource Board -CHDO Operating Expenses. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON , MAYOR ATTEST: Is l Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM : Isl William de Haas William de Haas, Assistant City Attorney A copy of the Contract/Agreement is filed with Resolution 5676 . These funds were broken out of the Elderly Housing project at the request of HUD. By breaking out these funds, the City is exempt from providing the HUD required 12.5 % match nor will these funds count towards the 10 % funding cap on the City's HOME administration . Funds will be used for operating expenses, training and technical assistance to support the Grantee's affordable housing programs which include their lease purchase programs, new construction program, rental housing program, elderly housing program and home buyer activities. The projected number of individuals served is 250 . Amount: $50 ,000.00 Match: Not required for CHDO operating expenses . Return of Investment: Not required for CHDO operating expenses Terms: October 9, 1997 through September 30 , 1999 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. 227 City Council Meeting October 9, 1997 Page 228 Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No. 5676 as recommended by staff. Motion carried: 7 Yeas, 0 Nays . (58.) Consider Resolution No. 5677 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Community Housing Resource Board to provide funding from the HOME Investment Partnership Program Grant for Elderly Housing. RESOLUTION NO, 5677 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 Community Development Funding Contract and all related documents with Community Housing Resource Board -Elderly Housing. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: I sl William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5677. 228 These funds will be used for the acquisition of property and the construction of two quadraplexes in two of the targeted neighborhoods . These units will be leased to low to moderate income semors. The projected number of individuals served is sixteen. Amount: $200,000.00 Match: 25 % Return of Investment: A 25 % return of investment or $50,000 will be required to be paid back in the form of a low interest loan to begin approximately six months after completion of the project. Other proceeds shall be used by the Grantee to provide maintenance and City Council Meeting October 9, 1997 Page 229 insurance on the units and to pay up to 10 % of project proceeds for administration during the twenty-year affordability period as required by the HOME regulations. Terms: October 9, 1997 through September 30, 1999 Funding for this agreement was approved by City Council at the June 26 , 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Neugebauer, seconded by Councilmember · Hernandez to pass Resolution No . 5677 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (59.) Consider Resolution No. 5678 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Women's Protective Services to provide funding from the Community Development Block Grant for shelter construction. RESOLUTION NO. 5678 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 Community Development Funding Contract and all related documents with Women's Protective Services of Lubbock, Inc. -Shelter Construction . Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: Isl William de Haas William de Haas, Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5678 . 229 City Council Meeting October 9, 1997 Page 230 230 These funds are to be utilized for the construction of the new Women's Protective Services facility which will continue to provide temporary and transitional shelter for women and children who are homeless as a result of family violence. Over 5,000 women and children are assisted on an annual basis. Amount: $400,000.00 Match: 25% Return of Investment: A return of investment of 50% or $200,000 is required. Women's Protective Services has submitted a letter requesting a waiver on the payback. Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting. Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Hernandez to approve resolution with the stipulation of return on investment at 50 % , sweat equity, or cash payment with upper limit of ten (10) years. Motion died for lack of a second. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to approve Item No. 59 as amended: "payback amended to 25 % ; term to be negotiated by staff with a cap of five (5) years." Motion carried: 4 Yeas, 1 Nay. Councilmember Hernandez voted Nay . Mayor Sitton recused herself; Councilmember Neugebauer recused himself. During discussion of Item No. 60, a motion was made to reconsider Item No. 59. (See Page No. 38) Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Item No. 59 as amended "with a payback amended to 25 % ; term to be negotiated by staff with a cap of ten (10) years." Motion carried: 5 Yeas, 0 Nays. Mayor Sitton recused herself; Councilmember Neugebauer recused himself. Following Item No. 67, motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to reconsider Items No. 59 and 60, so as to make both items consistent. Motion carried: 6 Yeas, 0 Nays. Councilmember Neugebauer had stepped away from the dais. Motion was made by Councilmember Nelson, seconded by Councilmember Ince to pass Resolution No. 5678 as amended: "payback would be amended to 25 % at a low interest rate with exact term and initial rate to be negotiated by staff with a cap of ten (10) years." Motion carried: 5 Yeas, 0 Nays. Mayor Sitton recused herself; Councilmember Neugebauer recused himself. City Council Meeting October 9, 1997 Page 231 (60.) Consider Resolution No. 5679 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Children's Advocacy Center of Lubbock, Inc. to provide funding for the acquisition of a Children's Advocacy Center facility. RESOLUTION NO. 5679 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 Community Development Funding Contract and all related documents with Children's Advocacy Center of Lubbock, Inc. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of October , 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Doug Goodman Doug Goodman , Managing Director of Health & Community Services APPROVED AS TO FORM: Isl William de Haas William de Haas , Assistant City Attorney Isl WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract/ Agreement is filed with Resolution 5679. These funds will provide for the purchase of a building to provide a single location where several agencies that provide assistance to children who ha ve been abused can be co-located to improve service to the children . The projected number of children served is 600. Amount: $500,000.00 Match: 25 % Return of Investment: A return of investment of 50 % or $250,000 is required. Children's Advocacy Center of Lubbock has submitted a letter requesting a waiver on the payback . Terms: October 9, 1997 through September 30, 1998 Funding for this agreement was approved by City Council at the June 26, 1997 City Council meeting . 231 City Council Meeting October 9, 1997 Page 232 Community Development recommended approval of this resolution authorizing the Mayor to execute this agreement. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Item No. 60 as amended: "payback amended to 25 % ; term to be negotiated by staff with a cap of five (5) years ." Councilmember Neugebauer made a friendly amendment as follows: "with a term to be negotiated by staff with a cap of ten (10) years." Councilmember Nelson did not accept the friendly amendment. Councilmember Neugebauer made a motion to amend the motion to amend as follows: "with the cap being placed at ten (10) years"; Councilmember Hernandez seconded the motion. Motion carried: 6 Yeas; 0 Nays . Mayor Sitton recused herself. Motion was then made by Councilmember Hernandez, seconded by Councilmember Ince to reconsider Item No. 59 so as to be consistent with this item. Motion carried: 6 Yeas, 0 Nays. Councilmember Neugebauer had stepped away from the dais . Following Item No. 67, motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to reconsider Items No. 59 and 60, so as to make both items consistent. Motion carried: 6 Yeas , O Nays . Councilmember Neugebauer had stepped away from the dais . Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass Resolution No. 5679 as amended: "Payback would be amended to 25 % at a low interest rate with exact term and initial rate to be negotiated by staff with a cap of ten years." Motion carried: 5 Yeas, 0 Nays. Councilmember Neugebauer had stepped away from the dais. Mayor Sitton recused herself. MISCELLANEOUS (61.) Consider joint Resolution No. 5680 with the City Council, Lubbock County, and the Lubbock Independent School District to adopt guidelines and criteria for commercial tax abatement in accordance with the Property Redevelopment and Tax Abatement Act. RESOLUTION NO, 5680 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT TO ADOPT GUIDELINES AND CRITERIA FOR COMMERCIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT . WHEREAS, there have been created two enterprise zones within the areas under the jurisdiction of the City of Lubbock, the County of Lubbock and the Lubbock Independent School District; and 232 City Council Meeting October 9 , 1997 Page 233 WHEREAS, in September of 1995, each of the above described entities approved uniform guidelines and criteria for the application of incentives within the designated enterprise zones; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT the City Council of the City of Lubbock, the County Commissioners of Lubbock County and the Board of Trustees of Lubbock Independent School District hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for Commercial Projects within the designated City of Lubbock Enterprise Zones, which guidelines and criteria are attached as Exhibit "A " and are made a part hereof for all intents and purposes. These guidelines shall become effective upon the expiration of the previously approved guidelines . THAT this Resolution in no manner effects additional local incentives which may be added or deleted by the various governing bodies during the life of the enterprise zones as required to obtain the best possible mix of incentives to insure the success of the enterprise zone program. Passed by the City Council this 9th day of October , 1997. Isl WINDY SITTON ATTEST : WINDY SITTON , MAYOR Isl Kaythie Darnell Kaythie Darnell, City Secretary Passed by the Lubbock County Commissioners this_ day of ___ , 1997 .. Isl DON MCBEATH ATTEST: DON MCBEATH, COUNTY JUDGE Isl Ann Davidson Ann Davidson, County Clerk Passed by the Board of Trustees of Lubbock Independent School District this day of , 1997.. ---- Isl WILLIAM MILLER ATTEST: WILLIAM MILLER, PRESIDENT I sf Linda De Leon Linda DeLeon, Secretary A copy of the Guidelines and Criteria is filed with Resolution 5680. 233 City Council Meeting October 9, 1997 Page 234 The criteria and guidelines for Commercial Tax Abatement, by law , must be adopted every two years , and for the current guidelines the deadline is September 28 , 1997. The current guidelines approved by the City Council were adopted on September 28, 1995 ; Lubbock County adopted them on October 9, 1995 ; and LISD adopted them on October 12 , 1995 . The Commercial Tax Abatement guidelines have been revised based on recommendations of the Tax Abatement and Financial Incentives Committee appointed by the Mayor. A summary of the changes follows: Maximum abatement period changed from ten years to five years. Qualifying criteria changed to a minimum investment of $250 ,000 or ten new permanent jobs. In the existing guidelines the only requirement to be eligible for five years abatement was the creation of five new jobs , with no minimum investment. Requirement that 30 % of the new employees must reside m the enterprise zone . Staff feels that the changes incorporated into the Commercial Tax Abatement guidelines will address the higher unemployment poverty rates existing in the enterprise zones. The recommended revisions also address the issue of whether commercial abatements should continue to be offered . The Tax Abatement and Financial Incentives Committee, as appointed by the Mayor, and Market Lubbock, Inc. recommended the revised guidelines be approved. The Tax Abatement and Financial Incentives Committee has the following representation : City of Lubbock: Councilmembers Hernandez , Ince , and Nelson County of Lubbock: Judge McBeath and Commissioner Gilbert Flores LISD: Dr. Curtis Culwell, Larry Throm , and Chairman Bill Miller Market Lubbock, Inc .: Chairman Gary Lawrence , Jim Crowson, and Mike Field Lubbock Industrial Foundation : David Seim and Greg Jones Staff concurred with the Committee recommendation and recommended approval of the revised commercial tax abatement guidelines . Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass Resolution No . 5680 as recommended by staff. Motion carried: 7 Yeas , 0 Nays. (62.) Consider joint Resolution No. 5681 with the City Council, Lubbock County, and the Lubbock Independent School District to adopt guidelines and criteria for industrial tax abatement in accordance with the Property Redevelopment and Tax Abatement Act. 234 City Council Meeting October 9, 1997 Page 235 RESOLUTION NO. 5681 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT TO ADOPT GUIDELINES AND CRITERIA FOR INDUSTRIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, in September of 1995, Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County were approved; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT the City Council of the City of Lubbock, the County Commissioners of Lubbock County and the Board of Trustees of Lubbock Independent School District hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon the expiration of the previously approved guidelines. Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary Passed by the Lubbock County Commissioners this _ day of ___ , 1997 .. Isl DON MCBEATH DON MCBEATH, COUNTY JUDGE ATTEST: Isl Ann Davidson Ann Davidson, County Clerk Passed by the Board of Trustees of Lubbock Independent School District this _ day of , 1997 .. --- Isl WILLIAM MILLER WILLIAM MILLER, PRESIDENT ATTEST: Isl Linda DeLeon Linda DeLeon, Secretary A copy of the Guidelines and Criteria is filed with Resolution 5681. 235 City Council Meeting October 9, 1997 Page 236 The criteria and guidelines for industrial tax abatement, by law, must be adopted every two years, and for the current guidelines the deadline was September 28, 1997. The current guidelines approved by the City Council were adopted on September 28, 1995; Lubbock County adopted them on October 9, 1995; and LISD adopted them on October 12, 1995. The industrial tax abatement guidelines have been revised based on the recommendations of the Tax Abatement and Financial Incentives Committee appointed by the Mayor. A summary of the changes follows: The existing guidelines for a new facility require the applicant to make a minimum investment of $1 million, and create and retain at least ten new jobs. The revised guidelines for a new company to Lubbock require the applicant to make a minimum investment of $1 million, or create and retain twenty-five new jobs, or have $2 million in personal property assessed valuation. Under the revised guidelines, the applicant must still modernize, expand or construct a new facility. These revisions would allow tax abatement to be considered for a project with a minimum investment less than $1 million but creating twenty-five new permanent jobs or with a minimum investment greater than $1 million ~ but creating no new jobs. Changes were made to the qualifying criteria. A "catch all" criteria was included to allow some flexibility for other businesses to qualify for abatement. The changes incorporated into the Industrial tax abatement guidelines make the guidelines more flexible and give Market Lubbock, Inc. more ability to negotiate with prospects. The Tax Abatement and Financial Incentives Committee, as appointed by the Mayor, and Market Lubbock, Inc. recommended the revised guidelines be approved. The Tax Abatement and Financial Incentives Committee has the following representation: City of Lubbock: Councilmembers Hernandez, Ince, and Nelson County of Lubbock: Judge McBeath and Commissioner Gilbert Flores LISD: Dr. Curtis Culwell, Larry Throm, and Chairman Bill Miller Market Lubbock, Inc.: Chairman Gary Lawrence, Jim Crowson, and Mike Field Lubbock Industrial Foundation: David Seim and Greg Jones Staff concurred with the Committee recommendation and recommended approval of the revised industrial tax abatement guidelines. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5681 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. (63.) Consider Resolution No. 5682 supporting Councilman T. J. Patterson's candidacy for Texas Municipal League President-Elect. 236 City Council Meeting October 9 , 1997 Page 237 RESOLUTION NO, 5682 WHEREAS, T .J . Patterson has been a member of the Lubbock City Council for thirteen years and served as Mayor Pro Tern from January 1991 through June 1992; and , WHEREAS, T .J . Patterson has dedicated himself to protecting our children by drawing attention to the problems of drug s, violence and gang activity; and, WHEREAS, T .J . Patterson has established himself as an educator , businessman, soldier, community activist , public servant, and ambassador for West Texas; and, WHEREAS, T .J Patterson has distinguished himself as the first President of the Texas Association of Black City Council Members and served on the Texas Municipal League Board of Directors and Attorney General's Municipal Advisory Task Force ; and , WHEREAS, T .J. Patterson has provided leadership and advocacy for Lubbock and the South Plains by serving as Texas Municipal League Region III as Secretary, 2nd Vice President, 1st Vice President , and President; and , WHEREAS, T.J . Patterson has served on the National League of Cities Energy and Environment Natural Resources Policy Committee, and, WHEREAS, T.J . Patterson has been encouraged by numerous individuals across the state and nation to continue his service to the public in expanded roles ; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT we, the collective members of the Lubbock City Council , do hereby pass this Resolution expressing our total support for T .J. PATTERSON to become President-Elect of the Texas Municipal League. Passed by the City Council this 9th day of October, 1997 . I sl WINDY SITTON WINDY SITTON, MAYOR ATTEST : Isl Kaythie Darnell Kaythie Darnell, City Secretary T . J. Patterson has served as a member of the Lubbock City Council for thirteen years and served as Mayor Pro Tern from January 1991 through June 1992. As a citizen of Lubbock, Councilman Patterson has dedicated his time and energy to promoting Lubbock and West Texas and has been tireless in his efforts to protect children . Throughout Councilman Patterson 's tenure on the City Council, he has been a member of the Texas Municipal League (TML) and National League of Cities (NLC). As a member of TML he has served as Region III Secretary, 2nd Vice President, 1st Vice President , and President. T .J . Patterson has distinguished himself as the first President of the Texas Association of Black City Council Members and has served on the Attorney General's Municipal Advisory Task Force. Currently, T .J . is 237 City Council Meeting October 9, 1997 Page 238 serving on the TML Board of Directors and the NLC Energy and Environment Natural Resources Policy Committee . Councilmember Patterson has been encouraged by numerous individuals across the state and nation to take the next step in his career as a public servant and seek the position of TML President-Elect. Upon this advice, Councilman Patterson has decided to seek the office of TML President-Elect. The purpose of this resolution is to show the nominating committee that T. J. has the support of his peers on the City Council. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass Resolution No . 5682 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. (64.) Consider Resolution No. 5683 approving the budget for Lubbock Emergency Communication District. RESOLUTION NO. 5683 WHEREAS, under the authority of Texas Health and Safety Code, Sections 772.301 through 772 .329, Lubbock County voters approved the creation of the Lubbock Emergency Communication District at an election held on April 5, 1986; and WHEREAS, the Lubbock Emergency Communication District Board of Managers has approved a L.E .C .D . budget for FY 1997198, and set the service fee at 6 % of the telephone base rate, acting under the authority of Texas Health and Safety Code, Section 772.314; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock City Council hereby approves the attached Lubbock Emergency Communication District Budget for FY 1997198 and setting the emergency service fee at 6 % of the telephone base rate for FY 1997198 pursuant to Texas Health and Safety Code, Section 772.309. Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Anna Mosqueda Anna Mosqueda, Managing Director of Financial Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 238 Isl WINDY SITTON WINDY SITTON, MAYOR City Council Meeting October 9, 1997 Page 239 A copy of the Budget is filed with Resolution 5683. The action to consider the budget for the Lubbock Emergency Communication District is typically a routine action for the City Council with the exception this year that the budget includes an increase in the rate that will be charged on phone bills to telephone customers inside the City of Lubbock . This increase in the rate for the Communication District is specifically to upgrade the existing 9-1-1 telephone capabilities and to install a computer aided dispatch system. At a previous City Council meeting, the City Council declined to approve this budget and rate increase due to the sole source bid process that was taken to procure the new technology . Since that time , the Lubbock Emergency Communication Board has directed their staff to undertake a requirements definition and to rebid the project in a fashion that staff believe is more prudent. The funds provided by the rate increase are designated to this new project. The Board is committed that the rate will be reduced to the original level once this project is paid off. Staff recommended approval of the resolution . Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5683 as recommended by staff. Motion carried : 6 Yeas, 0 Nays . Councilmember Hernandez had stepped away from the dais. FINANCIAL SERVICES (65.) Bid No. 97227 -Permanent Methane Vent Construction (Solid Waste) RESOLUTION NO, 5684 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, attached herewith , by and between the City of Lubbock and Westmar , Inc., of Whitesboro , Texas , to install and furnish all materials and services as bid for the Permanent Methane Vent Construction, and any associated documents , which Contract 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. 239 City Council Meeting October 9, 1997 Page 240 Passed by the City Council this 9th day of October, 1997. ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: I sf Anita Burgess Anita Burgess, City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § Isl WINDY SITTON WINDY SITTON, MAYOR CONTRACT THIS AGREEMENT, made and entered into this 19th day of September, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Westmar, Inc., of the City of Whitesboro, County of Grayson, and the State of Texas, herein 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 #97227 -PERMANENT METHANE VENT CONSTRUCTION -$35,131.00 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 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 240 City Council Meeting October 9, 1997 Page 241 IN WITNESS WHEREOF , the parties to these presents h_ave execute~ this agreement in Lubbock, Lubbock County , Texas in the year and day first above wntten. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST : Isl Windy Sitton Isl Kaythie Darnell MAYOR Secretary APPROVED AS TO CONTENT : I sf Richard Burdine CONTRACTOR: Owner 's Representative Westmar, Inc . APPROVED AS TO FORM : By: Isl Marsha G. Westerman Isl Harold Willard City Attorney ATTEST: PRINTED NAME: Marsha G. Westerman TITLE: President COMPLETE ADDRESS : Corporate Secretary Westmar, Inc. Isl Mack Westerman RR 4, Box 141 Whitesboro, Texas 76273 This project involves the installation of ten methane vents at the 78th Street & Quaker Landfill. These vents will provide a "path of least resistance" for the gas, allowing it to dissipate inside the boundary of the landfill . The 78th & Quaker Landfill Remediation Budget Amount for this project is $40 ,000 . The low bid is $35 ,131 from Westmar, Inc. of Whitesboro , Texas Staff recommended award of th is bid to the bidder as indicated on the tabsheet and award of the contract as shown on the resolution. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass Resolution No . 5684 as recommended by staff. Motion carried : 5 Yeas, 0 Nays . Councilmember Hernandez had stepped away from the dais . Councilmember Ince recused himself. 1:15 P.M. CITY COUNCIL RECESSED 2:22 P .M. CITY COUNCIL RECONVENED 2:29 P .M. CITY COUNCIL ADJOURNED AS CITY COUNCIL AND CONVENED AS REGULATORY AUTHORITY (66.) Consider an order and resolution of the City Council of the City of Lubbock sitting in its regulatory authority pursuant to the Public Utility Regulatory Act of 1995, with regard to an electric tariff for grain elevator service filed by Southwestern Public Service Company and LP&L with City of Lubbock. 241 City Council Meeting October 9, 1997 Page 242 RESOLUTION NO. 5685 AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK SITTING AS A REGULATORY AUTHORITY PURSUANT TO THE PUBLIC UTILITY REGULATORY ACT OF 1995 (VERNON'S ANN . CIV . ST ., ART. 1446c-0) WITH REGARD TO AN ELECTRIC TARIFF FOR GRAIN ELEVATOR SERVICE FILED BY SOUTHWESTERN PUBLIC SERVICE COMPANY AND BY LUBBOCK POWER AND LIGHT WITH THE CITY OF LUBBOCK. WHEREAS, Southwestern Public Service (SPS) has heretofore filed an Application for Approval of a new Grain Elevator Service Tariff; and WHEREAS, Lubbock Power and Light (LP&L) also desires to implement a new Grain Elevator Service Tariff; and WHEREAS, implementation of the proposed tariffs will make Grain Elevator Service available within the City of Lubbock on the same basis as is currently approved by the Public Utility Commission of Texas for areas outside the City ; and WHEREAS , this proceeding involves a rate reduction for all affected rate payers, so no publication of notice is required; and WHEREAS, all affected rate payers have been given notice by mail of the proposed rate change; and WHEREAS, the proposed tariff will not constitute a major rate change requiring a formal public hearing under PURA 1995; and WHEREAS, the proposed tariff is just and reasonable and is not unreasonably preferential, prejudicial, or discriminatory and complies with the requirements of §2.202 of PURA 1995; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, pursuant to PURA 1995, it is ordered and resolved that the proposed electric tariff for Grain Elevator Service as proposed by SPS and LP&L is approved for use within the City of Lubbock effective 35 days after the application was filed with the City of Lubbock for said tariff. 242 City Council Meeting October 9, 1997 Page 243 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Anna Mosqueda Anna Mosqueda, Director of Financial Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 2:31 P.M. The Council adjourned as the City Council and reconvened in its capacity as a regulatory body to consider the application of Southwestern Public Service (SPS) for a new grain elevator tariff. According to the documents submitted by SPS, this revision will result in an overall reduction in grain elevator customers' bills, especially in the late spring and summer months when usage is low. On June 18, 1997 the Public Utility Commission of Texas approved a new grain elevator service tariff for SPS for services provided in areas outside the City of Lubbock's jurisdiction. According to the documents submitted by SPS, although the new tariff will have the same per kilowatt-hour and service availability charge as the current grain elevator tariff, the monthly minimum demand charge will be replaced by an annual minimum to reduce the minimum charge during low usage months. SPS is filing this application with the City of Lubbock so they can make this same grain elevator tariff available to grain elevator customers within the Lubbock city limits. Since the tariff requested does not constitute a major rate proceeding, no publication notice or public hearing is required on this application. LP&L has elected to also participate in this rate reduction request. It will have no effect to LP&L. A representative of SPS appeared before Council to request their favorable consideration of this item. Staff recommended approval. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5685 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. REGULATORY AUTHORITY ADJOURNED AND CITY COUNCIL CONVENED 243 City Council Meeting October 9, 1997 Page 244 (67.) 3:45 P.M. 3:50 P.M. Consider a resolution to authorize LP&L to participate with West Texas Municipal Power Agency (WTMPA) in the financing and construction of a cogeneration plant. CITY COUNCIL RECESSED CITY COUNCIL RECONVENED Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to continue this item. Motion carried: 7 Yeas, 0 Nays. Following Item No. 67, motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to reconsider Items No. 59 and 60, so as to make both items consistent. Motion carried: 6 Yeas, 0 Nays. Councilmember Neugebauer had stepped away from the dais. BOARD APPOINTMENTS (68.) Consider Resolution No. 5686 to nominate five candidates to be placed on the ballot for election to the Lubbock Central Appraisal District Board of Directors. RESOLUTION NO. 5686 WHEREAS, there has been enacted in the State of Texas an Act relating to ad valorem taxation of property (S.B . 621), and this Act applies to and is controlling on the City of Lubbock, Texas, as a taxing unit; and WHEREAS, there is created under the provisions of this Act, a Board of Directors to govern the Appraisal District established by the Act. The City of Lubbock is desirous of nominating candidates to be placed on the ballot for election to this Board of Directors upon the next election as provided by this Act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following persons are nominated by the governing body of the City of Lubbock as candidates for positions on the Board of Directors of the Appraisal District created for the County of Lubbock, and that the names of these candidates be submitted to the Chief Appraiser of the Appraisal District by the Mayor to be placed on the ballot for election to such positions as the next election for such purpose . 244 W. B. CRISWELL LEROY MONTOYA RICHARD SPIKES EUGENE EHLER MARLAND RIBBLE City Council Meeting October 9, 1997 Page 245 Passed by the City Council this 9th day of October, 1997. Isl WINDY SITTON WINDY SITTON, MAYOR ATTEST: Isl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Isl Anna Mosqueda Anna Mosqueda, Director of Financial Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Section 6.03, Property Tax Codes establishes a selection process for Appraisal District directors. These directors serve two year terms with the next term beginning January 1, 1998. The process for election of Appraisal District directors is not an "election" governed by the Texas Election Code but an independent procedure which is unique to the property tax system. The chief appraiser calculates the number of votes to which each voting taxing unit is entitled and delivers that notice to the appropriate officers of each jurisdiction. Staff have received that notice from the Lubbock Central Appraisal District (LCAD). Included in council back up material is a copy of the 1997 calculation of votes for LCAD. The current board members are all eligible for re-election. They are W.B. Criswell, Gene Ehler, LeRoy Montoya, Marland Ribble, and Richard Spikes. The selection process is as follows: At its October 9 meeting the Council is asked to approve a resolution nominating these candidates to be placed on the ballot. Subsequently, but before October 30, the chief appraiser will prepare a ballot listing the candidates and deliver the ballot to each governing body eligible to vote. Before November 15 each taxing entity will determine its vote by resolution and submit to the chief appraiser. Before December 1 the chief appraiser counts the votes and declares the five candidates with the greatest cumulative number of votes elected. Any tie may be resolved by the chief appraiser by any method of chance. Staff recommended approval. 245 City Council Meeting October 9, 1997 Page 246 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass Resolution No. 5686 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Neubegauer had stepped away from the dais. (69.) Confirm reappointment of Mike Thomas and Fred Underwood to the Airport Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm reappointment of Mike Thomas and Fred Underwood to the Airport Board. Motion carried: 7 Yeas, 0 Nays. (70.) Confirm appointment of Jane Prince-Jones to the Committee for Women. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm appointment of Jane Prince-Jones to the Committee for Women. Motion carried: 7 Yeas, 0 Nays. (71.) Confirm reappointment of Harley Oberhelman to the Human Relations Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm reappointment of Harley Oberhelman to the Human Relations Commission . Motion carried: 7 Yeas, 0 Nays. (72.) Confirm appointment of Barney Adams, Sonny Garza, Marjorie Kastman, Steve Krier, Mike Liner, Joe May, Sharon Martin, and Kirk Smith to the Finance Subcommittee of the Citizens Advisory Committee for Capital Improvements Projects (C.I.P.). Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm appointment of Barney Adams, Sonny Garza, Marjorie Kastman, Steve Krier, Mike Liner, Joe May, Sharon Martin, and Kirk Smith to the Finance Subcommittee of the Citizens Advisory Committee for Capital Improvements Projects (C.I.P.). Motion carried: 7 Yeas, 0 Nays. (73.) Confirm appointment of Dr. Thomas E. Tenner, Jr. to the Permit and License Appeals Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm appointment of Dr. Thomas E. Tenner, Jr. to the Permit and License Appeals Board. Motion carried: 7 Yeas, 0 Nays. (74.) Confirm appointment of David Spears to the Public Transit Advisory Board. 246 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm appointment of David Spears to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. City Council Meeting October 9, 1997 Page 247 (75.) Confirm appointment of William Watson to the Structural Standards Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm appointment of William Watson to the Structural Standards Commission . Motion carried: 7 Yeas , 0 Nays. The citizens referenced above were selected for service during the City Council meeting on September 25, 1997. They have all been contacted and have agreed to serve. (76.) Consider two appointments to the Health Facilities Development Corporation Board of Directors. This board meets on an as-needed basis. The terms are six years , and there is no limit to the number of reappointments. Two members ' terms expire in October, 1997 . Walker Metcalf is eligible for reappointment. Marciano Morales, Jr. is submitting his resignation from this board, as he recently was appointed to serve on another City of Lubbock board . The counsel for this corporation has advised that members not be affiliated with the medical community due to potential for conflict of interest. The current roster and supporting ordinances/resolutions and the by laws are included in council backup for reference. The Appointments Advisory Board recommended the reappointment of Walker Metcalf. For the position vacated by Marciano Morales , Jr., the Board recommended Pat Harris and Dr. James G. Morris (retired physician). Members of the Health Facilities Development Corporation Board of Directors recommended Lewis Murfee to fill the unexpired term of "Junior" Morales. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Dr. James G. Morris and to reappoint Walker Metcalf to the Health Facilities Development Corporation Board of Directors . Motion carried: 6 Yeas, 0 Nays. Councilmember Neubegauer had stepped away from the dais. (77.) Consider three appointments to the Market Lubbock Economic Development Corporation (Market Lubbock, Inc.) Board of Directors. All board members ' terms have the common expiration date of October 1. This legal entity has three members whose terms expired October 1, 1997. A copy of the current roster is included in council backup for reference. Also included is a copy of the by-laws which provides information on membership criteria. The Appointments Advisory Boa rd recommended the reappointment of the three eligible board members : Jim Crowson, Steve Hurt, and Dr. R.J . Wilcott. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to appoint Jim Crowson, Steve Hurt, and Dr. R.J. Wilcott to the Market Lubbock Economic Development Corporation (Market Lubbock, Inc .) Board of Directors . Motion carried: 7 Yeas, 0 Nays. 247 City Council Meeting October 9, 1997 Page 248 (78.) Consider seven appointments to the Marketing, Entertainment, Travel, Tourism, and Sports, Inc. (METTS) Board of Directors. 248 All board members' terms have the common expiration date of October 1. This legal entity has four board members whose terms expired October 1, 1996 and three members whose terms expired October 1, 1997. The current roster is included in council backup for consideration. A copy of the enclosed Board by-laws provides information on membership criteria. Additionally , the chair has provided board position letters for City Council consideration. The Appointments Advisory Board recommended the reappointment of the 1996 three eligible board members as follows: Don Caldwell, Ronnie Hill, Jerry Stevens. For those terms which expired October 1, 1997 the Appointments Advisory Board recommended the reappointment of the two eligible board members David Deason and Danny Williams. For the positions vacated by the resignations of Irasema Velasquez and Sharon Prather, the Appointments Advisory Board recommended Eddie Owens, Robin Richard, Jan Rigsby, and Troy Schiermeyer. · Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Don Caldwell, Ronnie Hill, Jerry Stevens, David Deason, and Danny Williams to the Marketing, Entertainment, Travel, Tourism, and Sports, Inc. (METTS) Board of Directors. Motion carried: 7 Yeas, 0 Nays. For the two vacated positions, a motion was made to vote by secret ballot with the ballots being attached to the final record by the City Secretary. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to vote by secret ballot. Motion carried: 4 Yeas, 3 Nays. Councilmembers Hernandez, Ince, and Nelson voted Nay. Mayor Sitton opened the floor for nominations. Councilmember Ince nominated Marc McDougal and Gertie Jeter. Councilmember Nelson nominated Carol King. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to cease nominations. Motion carried: 7 Yeas, 0 Nays. A secret ballot was then conducted. A tally of the ballots reflected the following: Marc McDougal Carol King Gertie Jeter 7 votes 4 votes 3 votes Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to confirm appointment of Marc McDougal and Carol King to the Marketing, Entertainment, Travel, Tourism, and Sports, Inc. (METTS) Board of Directors. Motion carried: 7 Yeas, 0 Nays. City Council Meeting October 9, 1997 Page 249 4:25 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember Nelson seconded the motion. Motion carried: 7 Yeas; 0 Nays. A TEST: Darnell, City Secretary ReaJ and approved this I g./k day of 1r~ , 1997. ~~~ ATTEST: Darnel!, City Secretary-==== 249