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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/24/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 24, 1998 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 24th day of September 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Marc McDougal, and Councilmember David Nelson. Councilmember T. J. Patterson arrived at 7:39 A. M; Councilmember Victor Hernandez arrived at 7:40 A. M.; Councilmember Alex "Ty" Cooke arrived at 7:47 A. M. CITIZEN COMMENTS Jim Courtney, President and CEO of University Medical Center, was the only citizen who presented comments to the Council. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 7:57 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Building Board of Appeals Planning and Zoning Commission Complete Count Committee for the Year 2000 Census CAC Transportation Subcommittee CAC Community and Municipal Facilities Subcommittee (3.) 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 (Water Utilities). 9:14 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Mayor Pro Tem Ince convened the work session. Regular City Council Meeting September 24, 1998 Page 142 ( 4.) Presentation regarding the results of the American Cancer Society study by Linda Worley, Chair, Committee for Healthy Children. (5.) Discussion of possible changes to City Council meeting dates for October, November and December by Bob Cass, City Manager. (6.) Presentation on recommendation for financing of proposed 1999- 2004 Capital Improvements Program by Steve Krier, Citizen Advisory Committee --Finance Subcommittee Chair. (7.) Review of the CIP process and preliminary staff recommendations by Jim Bertram, Director of Strategic Planning. 10:47 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None Mayor Sitton called the meeting to order at 10:47 A. M. ( 8.) Minister Doug Hale, Vandalia Church of Christ, gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. SPECIAL RECOGNITIONS Mayor Sitton presented a Special Recognition to Race for the Cure in honor of Breast Cancer Awareness Month. Accepting on behalf of Race for the Cure were Carol Lain, Tammy Foskey, and Rhetta Bennett. Councilmember T. J. Patterson was presented with a Special Recognition in honor of the Political Achievement Award which he received at the Business Opportunity Symposium Series of the Texas Conference of Black Mayors meeting in Austin. CONSENT AGENDA (Items No. 10 - 38) Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (10.) Approval of the minutes of the Regular City Council Meeting of September 10, 1998. (11.) Ordinance No. 10082 - Abandon and close two portions of 81st Street and one portion of Avenue J adjacent to the Winniewood Addition of the City of Lubbock (1101 81st Street) (second and final reading). 142 Regular City Council Meeting September 24, 1998 Page 143 ORDINANCE NO. 10082 AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF 81ST STREET AND ONE PORTION OF AVENUE J ADJACENT TO THE WINNIEWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (12.) Ordinance No. 10088 - Change Chapter 7, Article I, Section 7-6(2) of the Code of Ordinances to eliminate the approval requirements of the Civil Service Commission's Local Rules (second and final reading)). ORDINANCE NO. 10088 AN ORDINANCE AMENDING SUBSECTION 7-6(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) Ordinance No. 10098 - Abandon and close a portion of a 20-foot alley located in Section 28, Block E-2, Lubbock, Texas (5501 Frankford Avenue) (second and final reading). ORDINANCE NO. 10098 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 20- FOOT ALLEY LOCATED IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MAKR THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (14.) Consider Ordinance No. 10099 amending Section 6-19, 105 Building Board of Appeals of the Code of Ordinances by changing two existing members requirement to citizens with no involvement in the construction industry (first reading). ORDINANCE NO. 10099 AN ORDINANCE AMENDING SECTION 6-19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE MEMBERSHIP OF THE BUILDING BOARD OF APPEALS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. In recent months staff has had members' terms expire and has had difficulty in replacing them due to a lack of qualified citizens willing to serve on the Board. Presently there are two members that are in the same category as two others, one engineer and one residential builder. By appointing three citizens not involved in construction to the eleven -member board, staff will have a larger number of qualified applicants to fill these positions. The deletion of one engineer and one residential builder from the board will not have any adverse effect on the board and should make it easier to fill vacant positions. Staff has reviewed this proposal for some time and recommended approval. 143 Regular City Council Meeting September 24, 1998 Page 144 (15.) Consider Ordinance No. 10100 abandoning and closing a 10-foot by 23-foot water line easement located in Lot 5, Venture Addition; a 20-foot underground utility easement and a 10-foot water line easement located in Lots 4 and 5, Venture Addition; and a 5-foot LP&L underground utility easement located in Lots 4 and 5, Venture Addition, to the City of Lubbock (5301 68th Street) (first reading). ORDINANCE NO. 10100 AN ORDINANCE ABANDONING AND CLOSING A 10 FOOT BY 23 FOOT WATER LINE EASEMENT LOCATED IN LOT 5, VENTURE ADDITION TO THE CITY OF LUBBOCK, A 20 FOOT UNDERGROUND UTILITY EASEMENT AND A 10 FOOT WATER LINE EASEMENT LOCATED IN LOTS 4 AND 5, VENTURE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MAKR THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes three easement areas in the Venture Addition just west of Slide Road between 68th and 69th Streets for building purposes. This area was platted approximately four years ago, and the large portion west of Slide was never developed. A new development and building plan has been submitted for five new buildings in this area, and these three easement areas need to be closed so the buildings can be built over them. This ordinance closes a 10-foot by 23-foot water line easement just south of 68th Street and just west of Aberdeen Avenue; a 20-foot underground utility easement and 10-foot water line easement which runs north -to - south from 68th Street, south to 69th Street; and an LP&L underground utility easement which runs along the west five feet of Lot 4 and Lot 5, Venture Addition. These easements were dedicated at no cost to the City through the platting process, and new easements will be dedicated to replace these easements being closed. The Right -of -Way Department recommended the first reading of this ordinance. (16.) Consider Ordinance No. 10101 abandoning and closing all alleys in the Tew Subdivision; a portion of 2nd Place east of University adjacent to Blocks 1 and 4, Perkins Subdivision; a portion of 2nd Street east of University adjacent to the Tew Subdivision; an alley between Lots 7 and 18, Block 1, Perkins Subdivision; all subdivisions of the Roberts and McWhorter Addition; and a portion of an underground utility and garbage service easement located in "Tract A", Bell Dairy Addition to the City of Lubbock (201 University Avenue) (first reading). 144 Regular City Council Meeting September 24, 1998 Page 145 ORDINANCE NO. 10101 AN ORDINANCE ABANDONING AND CLOSING ALL ALLEYS IN THE TEW SUBDIVISION OF THE ROBERTS AND MCWHORTER ADDITION TO THE CITY OF LUBBOCK, A PORTION OF 2ND PLACE EAST OF UNIVERSITY AVENUE ADJACENT TO BLOCKS 1 AND 4, PERKINS SUBDIVISION OF THE ROBERTS AND MCWHORTER ADDITION TO THE CITY OF LUBBOCK, A PORTION OF SECOND STREET EAST OF UNIVERSITY AVENUE ADJACENT TO THE TEW SUBDIVISION OF THE ROBERTS AND MCWHORTER ADDITION TO THE CITY OF LUBBOCK, A PORTION OF AN UNDERGROUND UTILITY AND GARBAGE SERVICE EASEMENT LOCATED IN TRACT "A" BELL DAIRY ADDITION TO THE CITY OF LUBBOCK, AND AN ALLEY BETWEEN LOTS 7 AND 18, BLOCK 1, PERKINS SUBDIVISION OF THE ROBERTS AND MCWHORTER ADDITION TO THE CITY OF LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS 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. Bell Dairy at 201 University is in the process of replatting their property for plant expansion and desires to close two alley areas, three street areas, and one easement area as part of this replatting process. This area and the other areas being closed were appraised by the Right -of -Way Department from reviewing Appraisal District records and sales in this area. These areas being closed and the amount due the City for the acquisition of these right-of-way areas are as follows: 1. Tract 1 - All of the alley areas in the Tew Subdivision. This subdivision is located north of 2nd Street just west of University and contains 13,834.656 square feet. This area being closed was appraised at 25C per square foot or 13,834.656 square feet at 25C per square foot = $3,458.66. 2. Tract 2 - 2nd Place just east Avenue n e - 29,176.488 square feet at 82.5C per square foot or $24,07 3. Tract 3 - 2nd Street just east of University Avenue v n e - 33,005.412 square feet at 62.5 C per square foot 4. Tract 4 - Utility and garbage service easement — no charge since Bell was the original dedicator. 5. Tract 5 - Alley closure between Lots 7 and 18, Block 1, Perkins Sub - 984.46 square feet at 25C per square foot or $246.11. 6, Tract 6 -Additional portion of s Street feet at 85c per square Avenue and Waco Avenue 309.28 square foot or $262.88. Total charged for alley and street closures 6664Bellis dedicating four areas of right-of-way to be credited against charge:ast 1) 30-foot drainage easement north of 2ndStreet e t of University 25 Avenue - 19,110 square feet x 7.5 psquare 2) Alley dedication adjacent to Lot 6, Block 1, Perkins Sub - 3,400 square feet x $1.00 = $3,400. 145 Regular City Council Meeting September 24, 1998 Page 146 3) Cul-de-sac dedication on 2nd Place - 3,925 square feet x $1.00 _ $3,925. 4) 70 foot drainage easement on closed 2nd Place - 14,580 square feet x 25C per square foot = $3,645. Total amount credited for dedications = $12,403.25. Total due the City for alley and street properties being closed less the areas to be dedicated = $36,263.39. Bell Dairy has met with representatives of the neighborhood association to answer their questions, get their opinions, and work with them on these closures to their satisfaction and approval. There are several utility adjustments to be made, and Bell Dairy will take care of these closure costs and utility adjustments by the time this replat is ready to be filed. The Right -of -Way Department recommended first reading of this ordinance. (17•) Consider Ordinance No. 10102 abandoning and closing an alley in Block 2, Westhaven Addition; an alley in Block 5, Westhaven Addition; an alley in Block 12, Westhaven Addition; a portion of Geneva Avenue east of Block 5, Westhaven Addition; 2nd Place between Block 2 and Block 5, Westhaven Addition; all easements and an alley, rights -of -way dedicated by the plat of Tracts AB, CD, E, F, and G, Westhaven Addition; a stormwater storage and drainage easement located on the north 395 feet of Tract H, Westhaven Addition; a sewer lift station easement granted in Volume 898, Page 387 of the Deed Records of Lubbock County, Texas, and further located in the Northwest portion of Tract H, Westhaven Addition; _ and the east 7.0 feet of Lot 1, Block 5, Westhaven Addition, used as a portion of Geneva Avenue and as described in Warranty Deed Volume 1286, Pages 703 and 794 in the Deed Records of Lubbock County, Texas; all additions are to the City of Lubbock, Lubbock County, Texas (3201 2nd Place) (first reading). M. Regular City Council Meeting September 24, 1998 Page 147 ORDINANCE NO. 10102 AN ORDINANCE ABANDONING AND CLOSING AN ALLEY IN BLOCK 2, WESTHAVEN ADDITION, AN ALLEY IN BLOCK 5, WESTHAVEN ADDITION, AN ALLEY IN BLOCK 12, WESTHAVEN ADDITION, A PORTION OF GENEVA AVENUE EAST OF BLOCK 5, WESTHAVEN ADDITION, 2ND PLACE BETWEEN BLOCK 2 AND BLOCK 5, WESTHAVEN ADDITION, ALL EASEMENTS AND AN ALLEY, RIGHTS -OF -WAY DEDICATED BY THE PLAT OF TRACTS AB, CD, E, F, AND G, WESTHAVEN ADDITION, A STORMWATER STORAGE AND DRAINAGE EASEMENT LOCATED ON THE NORTH 395 FEET OF TRACT H, WESTHAVEN ADDITION, A SEWER LIFT STATION EASEMENT GRANTED IN VOLUME 898, PAGE 387 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, AND FURTHER LOCATED IN THE NORTHWEST PORTION OF TRACT H, WESTHAVEN ADDITION, AND THE EAST 7.0 FEET OF LOT 1, BLOCK 5, WESTHAVEN ADDITION, USED AS A PORTION OF GENEVA AVENUE AND AS DESCRIBED IN WARRANTY DEED VOLUME 1286, PAGES 703 AND 794 IN THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, ALL ADDITIONS ARE TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes several street, alley and easement areas in the Westhaven Addition which is located just north of 4th Street, east of Hartford Avenue, south of 2nd Street, and west of Gary Avenue for replatting purposes. Fourth Street Development is developing this property for a new apartment complex. Nearly 50% of this property is a stormwater storage area with drainage easements. The remainder of this property is residential and some commercial land. The areas to be closed and the charge due the City are as follows: 1) The east -west 12.5 foot alley in Block 2, Westhaven Addition, alley between Hartford Avenue and Geneva Avenue, containing 5,000 square feet. Amount due the City for this closure is 5,000 square feet x 18C per square foot (taken from Appraisal District Values and Area Sales) = $900. 2) The east -west 12.5 foot alley in Block 5, Westhaven Addition, alley between Hartford Avenue and Geneva Avenue, containing 5,000 square feet. Amount due the City for this closure is 5,000 square feet x 180, per square foot = $900. 3) The 12.5 foot east -west alley in Block 12, Westhaven Addition just north of 4th Street, containing 625 square feet. Amount due the City for this closure is 625 square feet x 18C per square foot = $112.50. 4) The west 25-feet of Geneva Avenue east of Block 5, Westhaven Addition containing 3,687.5 square feet. The amount due the City for this closure is 3,687.5 square feet x 20C per square foot = $737.50. 5) The portion of 2nd Place between Block 2 and Block 5, Westhaven Addition containing 20,000 square feet. The amount due the City for this closure is 20,000 square feet x 20C per square foot = $4,000. 147 Regular City Council Meeting September 24, 1998 Page 148 6) All easements and an alley right-of-way dedicated in the plat limits of Tracts AB, CD, E, F, and G, Westhaven Addition. New easement areas, utility easements and alley rights -of -way will be dedicated to replace these areas being closed. 7) The stormwater storage and drainage easement located on the north 395 feet of Tract H, Westhaven Addition. The replat will dedicate a new stormwater storage and drainage easement to replace this area being closed. 8) The sewer lift station easement near the northwest corner of Tract H, Westhaven Addition. A new lift station was dedicated a couple of years ago north of this easement being closed on the property being developed. 9) The east 7.0 feet of Lot 1, Block 5, Westhaven Addition and used as a portion of Geneva Avenue, containing 945 square feet. The amount due the City for this 945 square foot street area being closed is 945 square feet x 200 per square foot = $189. Total due the City for all closures is $6,839. All utilities are in approval of this replat. The Right -of -Way Department recommended the first reading of this ordinance. (18.) Consider Ordinance No. 10103 abandoning and closing a ten foot alley in Section 28, Block E-2, Lubbock County, Texas (5501 Englewood Avenue) (first reading). ORDINANCE NO. 10103 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MAKR THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance closes a 10-foot by 368.99-foot alley, which runs from Englewood Avenue eastward to Loop 289. This alley is being closed for replatting and development purposes and will revert to an easement. The proponent of this closure is H. A. Sessions. Additional right-of-way is being dedicated to offset the area being closed so the proponent will not be charged for this easement, and all utilities are in agreement. The Right -of -Way Department recommended the first reading of this ordinance. (19.) Consider Resolution No. 6000 authorizing the Right -of -Way Department to make offers to five property owners for three parcels of right-of-way for the Indiana Avenue widening project, 95th Street to 114th Street (South Indiana Avenue, 95th Street to 114th Street). 148 Regular City Council Meeting September 24, 1998 Page 149 RESOLUTION NO. 6000 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of Indiana Avenue, 95th Street to 114th Street, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to each of the following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT E-7 Leroy Elmore, Trustee, $ 53,511.00 W. Norton Baker & Joan Baker W-3 Barbara Weaver Johnson $ 24,458.00 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized are more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Copies of the Surveys are filed with Resolution No. 6000. 149 Regular City Council Meeting September 24, 1998 Page 150 One of the 1999 City of Lubbock street widening projects is the widening of Indiana Avenue from 95th Street to 114th Street. From 95th Street to 98th Street, Indiana Avenue will be paved, curbed and guttered to a full six -lane thoroughfare with a center turn lane. From 98th Street to 114th Street, three lanes will be constructed which will include a center turn lane. The Right -of -Way Department is acquiring the full 110 feet of right-of-way or 55 feet on each side of the center line. In some locations along Indiana Avenue there are some existing dedications, but the majority must be acquired. These three parcels were appraised by Jimmy Goddard, MAI whose values are quoted in this resolution with the parcel number. None of the parcels contain improvements. These parcels were placed on the City Council agenda a short while back, but have been reappraised due to new sales data in the neighborhood. This resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire the property. The Right -of -Way Department recommended the approval of our offer to these five property owners. (20.) Consider Resolution No. 6001 authorizing the Right -of -Way Department to make offers to eleven property owners for three parcels of right-of-way for the Reese Redevelopment Authority sewer line easement and underground communications cable easement project (11th Place and Milwaukee). RESOLUTION NO. 6001 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for an underground sewer line and communications cable easement to Reese Air Force Base now known as the Reese Redevelopment Authority, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent and working easement to each of the following described parcels of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT SL-1 Mahmoud Shami, Izzat Shami, Inshriah $ 13,300 Shami, a/k/a Insherah Shami, Ibrahim Shami, Basem Shami, Omar Shami, and Yahya Shami SL-2 Ron Betenbough and Rick Betenbough $ 21,100 SL-3 George Eugene Umberson and Donna $ 8,900 Beth Umberson, Co -Trustees of the Joseph Edwin Umberson Irrevocable Living Trust Agreement, dated July 9, 1981 150 Regular City Council Meeting September 24, 1998 Page 151 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized are more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of a permanent and working easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of the Parcels is filed with Resolution No. 6001. Recently, the City was awarded a grant to construct a sewer line to Reese AFB, which is now the Reese Redevelopment Authority. Reese had its own sewage treatment plant but, according to a Federal review, must shut it down. This sewer line will be approximately four and one-half miles in length. It will begin at 19th Street and Iola Avenue, travel northward to approximately 11th Place, then turn westward along the half -section line between 19th Street and 4th Street to Reese. There will be 27 owners and 19 parcels of right-of-way to acquire. A communications cable will be placed in this easement to service a Texas Tech facility on the Reese property. The majority of this property is farmland and some residential. These three parcels of right-of-way were appraised by Tommy Cantrell and Jim Bowman. This resolution asks for approval of offers to eleven of these owners for three parcels of right-of-way. This resolution states the parcel number, the owner(s) name, and the appraised amount that they will be offered. This resolution authorizes the Right -of -Way Department to offer the property owners this appraisal amount and if refused, institute condemnation proceedings to acquire these easements. The Right -of -Way Department recommended the approval of our offer to these property owners. 151 Regular City Council Meeting September 24, 1998 Page 152 (21.) Consider Resolution No. 6002 authorizing the Mayor to execute a Memorandum of Agreement and a Deed for the sale of a 939 square foot portion of land out of Lot 1, Block 1, Memorial Center Addition of Lubbock to the Texas Department of Transportation for the East- West Freeway (1401 4th Street). RESOLUTION NO. 6002 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 Memorandum of Agreement and a Deed conveying some 939 square feet, more or less, of land out of Lot One (1), Block One (1), Memorial Center Addition to the City of Lubbock, as recorded by Dedication Deed in Volume 1349, Page 521 of the Deed Records of Lubbock County, Texas, in favor of the Texas Department of Highways and Public Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice A copy of the Memorandum of Agreement is filed with Resolution No. 6002. The Texas Department of Transportation is in the process of buying right-of-way for the East-West Freeway along 4th Street. The City owns Lot 1, Block 1, Memorial Center Addition, which is at the southeast corner of 4th Street and Avenue O. TxDOT wants to purchase a 939 square foot sliver of land at the northeast side of Lot 1, Memorial Center Addition for this freeway. The offer from TxDOT for this property is $2,100 or $2.25 per square foot. The Right -of -Way Department has reviewed the appraisal of this property and finds it acceptable. This resolution authorizes the Mayor to execute a deed conveying the property and to execute a Memorandum of Agreement with TxDOT regarding the price, condition, occupancy date, and closing instructions. The Right -of -Way Department recommended the sale of this property to TxDOT. 152 Regular City Council Meeting September 24, 1998 Page 153 (22.) Consider Resolution No. 6003 authorizing the Right -of -Way Department to make offers to three property owners for three parcels of right-of-way for the 82nd Street widening project (82nd Street, I-27 westward to Avenue U). RESOLUTION NO. 6003 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in _ Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for the widening of 82nd Street, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to each of the following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT N-1-A Lubbock Land Company, Five LTD $35,750.00 N-1-B South Mesa Development, Inc. $28,700.00 N-1 Trinity Church of Lubbock, Inc. $33,600.00 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized are more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for the respective parcel(s), which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes. 153 Regular City Council Meeting September 24, 1998 Page 154 Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Copies of the parcels are filed with Resolution No. 6003. These three parcels of right-of-way needed for the 82nd Street widening project are located along the north side of 82nd Street from Avenue P westward to Avenue U. At present, these tracts are farmland but have recently sold for residential and commercial development. Tract N-1-A is owned by Lubbock Land Company, Five LTD; it contains 20,418.8 square feet and was appraised at $1.75 per square foot, for a total offer to them of $35,750. Tract N-1-B is owned by South Mesa Development, Inc.; it contains 16,384.2 square feet and was appraised at $1.75 per square foot, for a total offer to them of $28,700. Tract N-1 is owned by Trinity Church of Lubbock, Inc. and contains 19,198.5 square feet; it was appraised at $1.75 per square foot, for a total offer to them of $33,600. The three parcels were appraised by Tommy Cantrell, MAI. This resolution authorizes the Right -of -Way Department to offer the property owners this appraisal amount and if refused, institute condemnation proceedings to acquire the property. The Right -of -Way Department recommended the approval of these offers to these three property owners. (23.) Consider Resolution No. 6004 authorizing the Mayor to execute a maintenance contract with Intergraph for hardware and software support of the City's GIS. RESOLUTION NO. 6004 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 Maintenance Service, by and between the City of Lubbock and Intergraph, and related documents. 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. 154 Regular City Council Meeting September 24, 1998 Page 155 Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning, Information Technology Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the Contract is filed with Resolution No. 6004. The City of Lubbock's Geographic Information System currently uses Intergraph hardware and software. They are the sole source of maintenance of these items. The cost of software maintenance is $40,025.50, and the cost of hardware maintenance is $10,195.02. Staff recommended approval of this maintenance contract with Intergraph. (24•) Consider Resolution No. 6005 authorizing the Mayor to approve the Lubbock Emergency Communication District Budget for Fiscal Year 1998-99 and the LECD action in setting the service fee at 6% of the telephone base rate. RESOLUTION NO. 6005 WHEREAS, under the authority of the Texas Health and Safety Code Section 772.301 through 772.329, Lubbock County voters approved in a Lubbock County election, April 5, 1986, the creation of the Lubbock Emergency Communication District ("L.E.C.D. "); and WHEREAS, the Lubbock Emergency Communication District Board of Managers approved the L.E.C.D. proposed budget for FY 1998/99, and set the service fee at 6 % of the telephone base rate, acting under the authority of Texas Health and Safety Code Section 772.301 through 772.329; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock County City Council hereby approves the L.E.C.D. Budget for Fiscal Year 1998/99 and the Lubbock Emergency Communication District Board of Managers action in setting the service fee at 6 % of the telephone base rate as defined by Texas Health and Safety Code Section 772.301 through 772.329. Said budget is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 155 Regular City Council Meeting September 24, 1998 Page 156 Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning, Information Technology Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the L.E.C.D. Budget is filed with Resolution No. 6005. Lubbock Emergency Communication District (LECD) is required to submit its annual budget for approval to governing bodies within the boundaries of the District. For that reason, the LECD Board of Managers is submitting its Fiscal Year 98/99 Budget. It was the unanimous opinion of the LECD Board of Managers that the proposed budget represents a fair and prudent financial plan to accomplish the LECD mission of providing Enhanced 9-1-1 service to the citizens of Lubbock County. It was further ordered, by the Board of Managers, that the service fee, as authorized by Texas Health and Safety Code Section 772.301 through 772.329, be set at 6 % of the base telephone rate on all service users in the District. Initially the service rate was set at 3 %, increased to 4.5 % at cut -over in January of 1989, and increased to 6 % in 1997 to fund an equipment upgrade. The typical monthly service fees at 6% are $0.55 for residential service and $1.28 for business service. Staff recommended acceptance of the LECD's fiscal year 1998-99 proposed Budget. (25.) Consider Resolution No. 6006 authorizing the Mayor to approve an application for a state -administered, federally financed Speed Selective Traffic Enforcement grant (Speed Step). 156 Regular City Council Meeting September 24, 1998 Page 157 RESOLUTION NO. 6006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock and the State of Texas, for the Texas Highway Traffic Safety Program, for speed selective traffic enforcement program, a copy of which is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein detail. The City Council hereby agrees to a cash match of $45,000.00, from the City to fund 50% of the project, as required by the State of Texas in order to be eligible to receive such State and federal assistance. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Daniel T. Saluri Daniel T. Saluri, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 6006. This is a grant utilizing off duty personnel working overtime to enhance the enforcement of posted speed limits within the City of Lubbock. Awards for this grant have been set beginning October 1, 1998 and ending September 30, 1999, upon approval of the City Council. This is a 50-50 funded grant in the amount of $90,000. The Lubbock Police Department recommended the approval of this grant proposal. (26.) Consider Resolution No. 6007 authorizing the Mayor to execute an interlocal agreement between the Lubbock Reese Redevelopment Authority and the City of Lubbock. 157 Regular City Council Meeting September 24, 1998 Page 158 RESOLUTION NO. 6007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and Lubbock Reese Redevelopment Authority and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Managing Director of Strategic Planning APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution No. 6007. During the 1998/99 budget considerations, the City Council received a request from the Lubbock Reese Redevelopment Authority for $2,765,800 to assist with Reese redevelopment over the next five years. In order to comply with this request, the City Council encumbered $2,500,000 in this year's funds to accumulate interest and to be paid out over a five-year period. The interlocal cooperative agreement in Council's backup included a schedule for payment of funds, which begins on October 1, 1998 and ceases on July 1, 2003. The funds are to be paid quarterly and reflect a slight front-end loading to help with marketing efforts, which are underway with EYKL and Associates. This agreement was reviewed and approved by the Lubbock Reese Redevelopment Authority on Wednesday, September 16, 1998. Staff recommended approval. (27.) Consider Resolution No. 6008 authorizing the Mayor to execute a Grant Agreement for Federal Assistance with the Federal Aviation Administration for funding taxiway shoulder improvements, ARFF roads, and airfield lighting and signage, and any associated documents, at Lubbock International Airport. 158 Regular City Council Meeting September 24, 1998 Page 159 RESOLUTION NO. 6008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement for Federal Assistance, in substantially the form of the Agreement, attached herewith, by and between the City of Lubbock and the Federal Aviation Administration for funding the final phase of Taxiway Shoulder improvement, final phase of ARFF roads, and airfield lighting and signage improvements and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 24th day of September, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Aviation Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Grant Agreement is filed with Resolution No. 6008. Each year, Lubbock International Airport is eligible to receive federal entitlement funding under the Airport Improvement Program. Under current formulas, the airport receives approximately $1.7 million annually based on the number of passenger enplanements at the airport. Earlier this year, the City Council accepted a portion of this year's grant in the amount of $976,847 to fund part of a $6.7 million project to reconstruct the center section of the airport's main runway. This agenda item involves the acceptance of the remaining $784,622 in 1998 entitlement funds. This grant will partially fund the final phase of a taxiway shoulders/perimeter road project that was initiated in 1992. It will also fund some minor airfield signage and lighting adjustments mandated by the FAA. The City Council approved the construction contract for this project at its September 10, 1998 meeting. The overall funding picture for this project is shown below. Airport Improvement Program Grant $ 784,622 Passenger Facility Charge Funds 4,747,428 Total Project $5,532,050 159 Regular City Council Meeting September 24, 1998 Page 160 Staff recommended acceptance of this grant. (28.) Consider Resolution No. 6009 authorizing the Mayor to execute Resident Project Representative services with Parkhill, Smith and Cooper, Inc. for taxiway shoulder improvements, AIP 3-48-0138-20- 98 at Lubbock International Airport. RESOLUTION NO. 6009 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 amendment for Taxiway Shoulders Improvements, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and related documents. Said contract amendment 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 City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the Contract Amendment is filed with Resolution No. 6009. This item authorizes Resident Project Representative (RPR), surveying and testing services for the final phase of the taxiway shoulders paving project at Lubbock International Airport. The construction contract for this project was approved by the City Council at its September 10 meeting. RPR services provide a much higher level of project oversight than is normally provided under the basic engineering services agreement. The use of RPR services is a standard for FAA approved projects, and is eligible for funding under both the FAA's Airport Improvement Program and the Passenger Facility Charge Program. Surveying and testing is required to facilitate construction phase engineering for the project, and is also eligible for federal funding. 160 Regular City Council Meeting September 24, 1998 Page 161 The cost of RPR, surveying and testing services is variable, depending on the length of time that it takes to complete a project. Authorization is usually requested on the basis of a cost estimate that is translated into a "not to exceed" budget authorization. The "not to exceed" budget request for these services on this project is $265,000. A summary project budget including all other project costs is shown below: Basic Design and Construction Engineering $ 246,720 _ RPR 125,000 Testing 130,000 Surveying 10,000 Contingency 50,000 Construction 4,970,330 Total Project $5,532,050 Funding for this project will come from the Passenger Facility Charge (PFC) Program (approved by the City Council in 1992) and Airport Improvement Program entitlement funds. Staff recommended approval of this item. (29.) Consider Resolution No. 6010 authorizing changes to the City of Lubbock 1997-98 Budget for Electric and Airport Funds. RESOLUTION NO. 6010 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: To the Electric Fund, as indicated in Exhibit "A" which is attached and incorporated herein, to provide additional funds needed to cover increases in purchased power expenditures. To the Airport Fund, as indicated in Exhibit "B" which is attached and incorporated herein, to provide additional funds needed to cover additional maintenance to the jetbridges. SECTION 2. THAT a copy of the changes made to the City of Lubbock Budget pursuant to the Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. 161 Regular City Council Meeting September 24, 1998 Page 162 Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice Section Copies of Exhibits A and B are filed with Resolution No. 6010. In May when the revised budget was presented for Council approval, the record breaking heat wave, the record growth in customer base and related electric production costs were not anticipated, and no revisions were submitted at that time. Due to record breaking heat waves across the nation, Lubbock Power and Light experienced record sales, and the electric production required to meet those needs resulted in additional operating costs, primarily in cost of purchased power. This action revises the Electric Funds budget to increase approved expenditures to cover those costs. The expenditure increases are offset by increased revenues. The total increase is $4.3 million. A revised budget for the Airport Fund was also submitted for approval to cover increased cost of jetbridge maintenance. The airlines fund a jetbridge reserve to provide for maintenance. $5,000 is being moved from this reserve and jetbridge maintenance expenditures are being increased by that amount. Typically, the $20,000 budgeted for this has been sufficient to address maintenance needs, Copies of Fund summaries were included in Council's backup for review. Staff recommended approval. (30.) Consider Resolution No. 6011 concerning the use of the proceeds of Revenue Bonds issued by the Lubbock Health Facilities Development Corporation to reimburse certain costs and to finance certain costs relating to health facilities. 162 Regular City Council Meeting September 24, 1998 Page 163 RESOLUTION NO. 6011 RESOLUTION CONCERNING THE USE OF THE PROCEEDS OF REVENUE BONDS ISSUED BY THE LUBBOCK HEALTH FACILITIES DEVELOPMENT CORPORATION TO REIMBURSE CERTAIN COSTS AND TO FINANCE CERTAIN COSTS RELATING TO HEALTH FACILITIES WHEREAS, the Lubbock Health Facilities Development Corporation (the "Issuer") was created by the City of Lubbock, Texas ("City of Lubbock") pursuant to the provisions of the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act"); WHEREAS, it has been proposed that the Issuer issue its limited obligation revenue bonds (the "Bonds") and loan the proceeds thereof to St. Joseph Health System, a non-profit benefit corporation duly organized and existing under the laws of the State of Texas (the "Corporation"), to defease certain outstanding, indebtedness assumed by the Corporation which was originally incurred to finance or refinance improvements and additions to hospital facilities which were, at the time of the incidence of such debt, owned and operated by Methodist Hospital, Lubbock, Texas (the "Project). WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer has conducted a public hearing (the "Hearing") in the City of Lubbock following reasonable public notice with respect to the Bonds and the captioned project and has presented to the City of the City of Lubbock (the "Governing Body") a summary of the proceedings from the Hearing; WHEREAS, in order to satisfy the requirements of Section 147(f) of the Code, ^` it is necessary for the Governing Body or the Mayor, as the chief executive officer of the City of Lubbock, to approve the Bonds after the Hearing has been held; WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT: SECTION 1. This Resolution is adopted for the purpose of satisfying the requirements of the Issuer's articles of incorporation and by-laws and the conditions and requirements of Section 147(f) of the Code, the regulations promulgated thereunder, and any other applicable requirements. SECTION 2. The Governing Body hereby receives and accepts of the summary of the proceedings from the Hearing. SECTION 3. The Bonds, which may be issued in one or more series, are hereby approved pursuant to Section 147(f) of the Code, the Issuer's articles of incorporation and bylaws and other applicable laws, such Bonds to be issued in the maximum aggregate face amount of $230,000,000, to provide funds to defease certain outstanding indebtedness assumed by the Corporation and pay costs as described in the notice of hearing. 163 Regular City Council Meeting September 24, 1998 Page 164 SECTION 4. This approval is not to be construed as a financial undertaking by the City of Lubbock, and the Bonds shall never constitute an indebtedness or pledge of the City of Lubbock within the meaning of any constitutional or statutory provision, and the owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the City of Lubbock. The City of Lubbock shall have no responsibility to furnish any person any continuing disclosure information with respect to the Bonds. SECTION 5. The Mayor and City Secretary of the City of Lubbock and each councilmember of the City of Lubbock are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. SECTION 6. This Resolution shall take effect immediately from the after its adoption. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Managing Director of Management Services APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Notice of Intention to Issue Bonds is filed with Resolution No. 6011. The Lubbock Health Facilities Development Corporation (LHFDC) is an independent board created by action of the State Legislature to provide a conduit for tax-exempt financing for non-profit health facilities. The Lubbock City Council appoints members of the board. However, actions of the board regarding bond issuance or refinancing and Council's subsequent review and approval are not a financial undertaking of the City nor do these constitute an indebtedness or pledge of the City of Lubbock. In addition, the City of Lubbock has no responsibility to furnish any continuing disclosure information with respect to bonds issued. Principal and interest payment is the sole responsibility of the Issuer and is paid from revenues generated by the Issuer. LHFDC is responsible for conducting a public hearing in accordance with IRS requirements and providing a summary of the hearing. This meeting was scheduled and notice published for Monday, September 21, 1998. Summary of hearing was provided for Council prior to the September 24 Council date. 164 Regular City Council Meeting September 24, 1998 Page 165 The bond issue proposed will allow St. Joseph Health System, a non- profit public benefit corporation, to defease certain outstanding indebtedness originally incurred by Methodist Hospital. The amount to be issued is $230,000,000 to provide funds to defease certain outstanding indebtedness assumed by St. Joseph Health System and pay other related costs. A copy of the preliminary Official Statement is available for Council review in the City Secretary's office. Because of the length of this document it was not included in Council backup. Representatives of LHFDC were available to respond to questions. Staff recommended approval. (31.) Consider Joint Resolution No. 6012 between the City Of Lubbock and the Lubbock County Commissioner's Court authorizing a Vector Control Services Agreement. RESOLUTION NO. 6012 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 Vector Control Services Agreement between Lubbock County and the City of Lubbock, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the Vector Control Services Agreement is filed with Resolution No. 6012. Vector Control Services have been provided for the county for over 30 years. The agreement between the city and the county is renewed every three years. This agreement will result in approximately $120,000 of revenue per year to the city. The activities of vector control have not changed much over the past five years. Staff has experienced a dry season this year, FY 1997-98. Staff is actively identifying the species of mosquitoes in Lubbock County. Currently, staff has identified 23 different mosquito species, 13 of which can transmit diseases to man. 165 Regular City Council Meeting September 24, 1998 Page 166 Vector control limits mosquito populations through three means: physical, biological and chemical. Physical controls include removing artificial containers such as tires, cans, or other containers that can hold water. Biological controls include the use of Bacillus Thuringiensis (BT) as a larvicide. BT is a bacteria which effectively kills mosquito and back fly larvae. BT is harmless to man and other vertebrates and is harmless to beneficial aquatic organisms. BT has no toxic residues. Chemical controls include the use of the pesticides malathion or resmethrin as an adulticide. During the mosquito season, vector control regularly sprays the pesticide using an ultra low volume (ULV) sprayer. Both pesticides are environmentally friendly and are among the safest pesticides available. Environmental Inspection Services department recommended approval of this resolution. (32.) Consider Resolution No. 6013 authorizing the Mayor to execute the Lubbock Wind Program Agreement between the Texas Wind Power Company and the City of Lubbock. RESOLUTION NO. 6013 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 Lubbock Wind Program Agreement by and between the City of Lubbock and Texas Wind Power Company and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Lubbock Power & Light APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Wind Program Agreement is filed with Resolution No. 6013. In late 1996, LP&L sent out a request for proposals to secure additional power supply. One of these proposals involved the initial construction of these 750 kW wind turbines with up to a total of twenty of these units if approved by LP&L. All financing, construction and operating costs will be borne by Texas Wind Power. Only LP&L customers will have access 166 Regular City Council Meeting September 24, 1998 Page 167 to this capacity locally. LP&L customers desiring this energy will be billed at a rate approximately 50% higher than their present costs. LP&L will charge Texas Wind Power for delivery and billing costs to these customers. This project will increase local property tax revenues and employment. No city funds are involved. Only customers requesting this service will be billed the higher rate. This environmentally friendly energy source will reduce local pollution and assist in meeting proposed state and federal requirements to mix "Green Power" into our supply. After the first three units, each additional unit will be approved on a case -by -case basis. If this project is not approved by the City before the end of September 1998, the project will lose a large grant from the Department of Energy, which greatly increases the project costs. Staff recommended that the City Council approve the amendment. (33.) Consider Resolution No. 6014 authorizing the mayor to execute an interlocal agreement with Lubbock Independent School District and Lubbock County for support of the Specialized Treatment and Rehabilitation (STAR) program. RESOLUTION NO. 6014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement and all related documents by and between the City of Lubbock and Lubbock Independent School District and the Lubbock County Youth Center, for the Specialized Treatment and Rehabilitation project (STAR) with regard to juvenile offenders who have committed detainable offenses, which agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution No. 6014. 167 Regular City Council Meeting September 24, 1998 Page 168 In 1994-95, the City Council entered into an agreement with Lubbock Independent School District (LISD) and Lubbock County to jointly fund the Specialized Treatment and Rehabilitation (STAR) project. The current agreement expires September 30, 1998. The STAR program is a cooperative venture of LISD, the City of Lubbock and the Lubbock County Youth Center. It provides a very structured environment which combines regimented discipline, along with education to youth between the ages of 11-16 who have committed offenses for which they can be detained at the youth center, or whom the courts determine would benefit from the program. Major provisions of the contract remain the same and are as follows: Term of contract is for one year with option to renew for three successive one-year terms. The City, County and LISD will each contribute $94,162. This amount is the same as provided for in the last agreement. LISD will provide offices for drill instructors, classrooms, drill and exercise facilities and meals for students. Lubbock County will provide training and travel for drill instructors assigned to project and arrange for court hearings for placement of students into the program. Lubbock County will provide quarterly reports on progress of the program. LISD and Lubbock County have already executed this agreement. Staff recommended approval. (34.) Consider the 1998-99 Budget for Omnimax Theater. Each year in September the Omnimax Theater budget is presented to the Council as a matter of information. The City of Lubbock has a vested interest in the continued successful operation of the Omnimax Theater/Science Spectrum. Article 5, Section 14 of the Land Acquisition and Management Agreement between the City of Lubbock and the Science Spectrum requires the Science Spectrum to present its annual budget for its Exhibition Hall/Auditorium for approval. The Science Spectrum makes payments totaling $200,000 annually as well as submitting monthly attendance reports to the City of Lubbock. The Science Spectrum has met its payment schedule to the City of Lubbock. Included in Council's backup material was budget information provided by the Science Spectrum. A representative of the Science Spectrum was available to answer questions the Council might have. Staff recommended approval, which was recorded by minuted action. (35.) Resolution No. 6015/RFP #98040--Advanced Traffic Management System (Traffic Engineering) fC'f: Regular City Council Meeting September 24, 1998 Page 169 RESOLUTION NO. 6015 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 Advanced Traffic Management System, by and between the City of Lubbock and Daniel, Mann, Johnson & Mendenhall of Colorado Springs, Colorado and all related documents. 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 Council. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the Contract is filed with Resolution No. 6015. This contract will allow the City to proceed with the orderly replacement and upgrade of the existing computerized traffic control system that is near the end of its useful life and has no replacement parts for some key elements. This contract is for the central system software and part of the central computer and communications hardware which are the most likely to fail. The existing system that will be replaced is not Year 2000 compliant. The selection committee recommended Daniel, Mann, Johnson & Mendenhall, Inc. of Colorado Springs, Colorado. Selection criteria was based on team and project personnel qualifications, technical merit, and cost. The selection committee was composed of Traffic Engineering staff, Information Technology staff, and the Traffic Engineering consultant's staff. The committee interviewed the two top ranked firms, and following the final selection, price was negotiated with the selected firm. The following companies responded to the RFP: Daniel, Mann, Johnson & Mendenhall, Inc. Colorado Springs, CO Transcore Houston, TX Naztec, Inc. Sugarland, TX Computran Systems Corporation Hackensack, NJ BI Trans Systems, Inc. Sacramento, CA 169 Regular City Council Meeting September 24, 1998 Page 170 The contract is for a lump sum amount of $175,000 for the system software, a lump sum amount of $41,000 for the installation and integration of hardware, and a not to exceed price for furnishing hardware of $76,200 for a total of $292,200. The contract is structured this way because there are several computer and communications hardware items that the city may elect to purchase separately due to better costs through State contract pricing. Consequently, there may be some equipment purchases for the Advanced Traffic Management System outside this contract. The Computerized Traffic System Upgrade budget amount for this item is $300,000. Staff recommended contract award to Daniel, Mann, Johnson & Mendenhall of Colorado Springs, Colorado. (36.) Resolution No. 6016/Bid #98163--Arnett-Benson, Harwell and Skyview Communities Paving Project (Street Drainage Engineering) RESOLUTION NO. 6016 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 with David E. Jarnagin Construction, Inc., of Lubbock, TX to install and furnish all materials and services as bid for the Arnett Benson, Harwell & Skyview Communities Paving Project and all related documents. 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 Council. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager 170 Regular City Council Meeting September 24, 1998 Page 171 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of September, 1998, 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 David E. Jarnagin Construction, Inc., of the City of Lubbock, County of Lubbock, 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 #98163 - ARNETT BENSON, HARWELL, & SKYVIEW COMMUNITIES PAVING PROJECT - $192,195.00 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. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: David E. Jarnagin Construction, Inc. By: /s/ Brenda K. Jarnagin PRINTED NAME: Brenda K. Jarnagin TITLE: President COMPLETE ADDRESS: David E. Jarnagin Construction, Inc. 6503 22nd Street Lubbock, Texas 79407 171 Regular City Council Meeting September 24, 1998 Page 172 This project will provide for curb and gutter paving one block in the Arnett -Benson area, gutter paving two blocks in the Harwell area, and strip paving with ditches eight blocks in the Skyview area. This is the latest in a series of paving projects provided by Community Development. All of the blocks to be paved are currently dirt and have residences that either front -on or side -on the street. Completion of the project will provide street users with all-weather access in each of the neighborhoods. There will be a better quality of life for those affected by this project. The System Capital Outlay Street Paving Budget amount is $273,000. The low bid is $192,195 from David E. Jarnagin Construction, Inc. of Lubbock, Texas. (37.) Bid #98173--Lubbock Power & Light Steel Transmission Poles (Electric Distribution) This bid will provide 49 steel transmission poles for re-routing of existing 69,000 volt lines along South Loop 289 and for re-routing of existing 69,000 volt transmission lines at the new Robert Massengale West Texas Municipal Power Agency (WTMPA) power plant project. These poles range in size from 75 feet tall to over 100 feet. The South Loop 289 relocation project is required to provide clearance for new access road improvements that will be constructed by the Texas Department of Transportation at University and Indiana Avenues. The relocation project at the Robert Massengale plant is required to make room for construction of the new WTMPA funded generating unit. Funds for the Loop 289 project will be provided by a new capital project, while the power plant relocation project will be funded by WTMPA bond funds. The Overhead Distribution System Capital Outlay budget amount is $400,000. The low bid is $298,357 from Thomas & Betts Corporation of Memphis, Tennessee. (38.) Bid #98196--Compactor Cleats (Fleet Services) This bid is for the repair and replacement of compactor cleats on two Caterpillar 816-B compactors used by the City of Lubbock Landfill Department. The Solid Waste Disposal -Equipment Maintenance budget amount is $50, 000. The low bid is $27,809.60 from West Texas Equipment of Lubbock, Texas. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. Item No. 42 was considered immediately following the Consent Agenda. 172 Regular City Council Meeting September 24, 1998 Page 173 REGULAR AGENDA PUBLIC HEARINGS (39.) Ordinance No. 10104/Zone Case No. 2827 (east of University and north of 78th Street): Request of Bernie Gradel with Hugo Reed and Associates (for Action Printing) for zoning change from C-2 to C-4 Specific Use for mini storage warehouses on Tract C, the east 280 feet of Tract E and the east 280 feet of Tract A-1-B and a zone change from C-2 to R-2 on Tract D, Sandlewood Village Addition. ORDINANCE NO. 10104 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2827; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING FOR MINI STORAGE WAREHOUSES ON TRACT C, THE EAST 280 FEET OF TRACT E AND THE EAST 280 FEET OF TRACT A-1-13 AND A ZONING CHANGE FROM C-2 TO R-2 ZONING ON TRACT D, SANDLEWOOD VILLAGE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:00 a. in. Terry Holman of Hugo Reed and Associates appeared on behalf of Action Printing. No one appeared in opposition. Mayor Sitton closed the hearing at 11:07 a. in. Randy Henson, Senior Planner, presented staff comments. The proponent is requesting an R-2 designation on the east 255 feet of the current C-2 parcel, with a mini -warehouse project on the west portion behind an existing office and south of the Home Plate Diner. Adjacent land uses: North - TV station South - residential East - residential West - commercial The area north of 87th is zoned commercial, probably because of the influence of the TV tower. The current arrangement of land uses is not what is contemplated by the Comprehensive Land Use Plan. The existing C-2 would permit a wide range of uses that would probably not be the most beneficial to the homes across 78th Street. This proposal would down zone to residential (duplex) the property immediately north of existing homes that front to 78th and west of the homes on the 77th Place cul-de-sac. The mini -warehouse project will have a solid screening fence with a 20 foot landscaped area along that portion of 78th across from an area that is zoned R-2 and ends in a cul-de-sac at 78th Street. 173 Regular City Council Meeting September 24, 1998 Page 174 The entrance for the mini project will be from 78th just behind the existing commercial, using an existing curb cut. The most important test for this proposal is the opinion of adjacent owners. The original proposal for a larger mini project was not well received. The proponent hosted a meeting to review the amended plan and seems to have a good response. The project should have little effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following condition: A minimum seven foot screening fence constructed of wood with brick columns shall be constructed along the 78th Street property line. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10104 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (40.) Ordinance No. 10105/Zone Case No. 1756-D (south of 2nd Street between Hartford and Geneva): Request of Paul Stell (for Hurt and Stell Investments) for zoning change from R-1 to A-2 for apartments on Lots 1 through 16, Block 5, Lots 7 through 14 and 17 through 32, Block 2, Westhaven Addition. ORDINANCE NO. 10105 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1756-D; A ZONING CHANGE FROM R-1 TO A-2 ZONING FOR APARTMENTS ON LOTS 1 THROUGH 16, BLOCK 5, LOTS 7 THROUGH 14 AND 17 THROUGH 32, BLOCK 2, WESTHAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. in. Steve Hurt appeared on behalf of Hurt and Stell Investments. No one appeared in opposition. Mayor Sitton closed the hearing at 11:13 a. in. Randy Henson, Senior Planner, presented staff comments. This proposal will expand the A-2 zoning adjacent to an existing A-2 site. The location is well known to most as being adjacent to the playa lake across from the Texas Tech museum. The parcel has posed difficult questions for development. This proposal will add enough land to create a viable apartment project and accommodate the playa. The proponent has visited with the neighborhood group and adjacent owners, and reports a positive discussion. One adjacent owner asked questions at the hearing and seemed satisfied. Adjacent land uses: North - residential South - 4th Street and Texas Tech East - apartments and residential West - playa lake and apartments 174 Regular City Council Meeting September 24, 1998 Page 175 The proposal is reasonably consistent with the Comprehensive Land Use Plan and is compatible with zoning policies. The proposal will add traffic to the thoroughfare system; however, 4th Street is a seven lane T-2 street and should be able to handle the additional trips. One great benefit for this location as student oriented housing is that, by walking to school, many of the residents will not add to the peak traffic times. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10105 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Items No. 44, 47, and 48-51 were considered following Item No. 40. (41.) Hold a second required annexation public hearing for annexation of land in Southwest Lubbock and take appropriate action. This item was considered last, immediately following the lunch break. Mayor Sitton opened the public hearing at 1:01 p. in. The following citizens spoke at the hearing: Alex Scarborough Cecil Puryear Robert Deahl Gretchen Scott Pat Cismaru David DeLemar Betty Williams Patty Sadler Kathleen Coleman Mayor Sitton closed the hearing at 1:33 p. in. Bob Cass, City Manager, presented staff comments. The proposal to annex an area south and west of Lubbock consists of four documents in the backup: 1. A proposed service plan. This document will be an attachment to any ordinance annexing any areas of land to the City should Council proceed with annexation. 2. A study of existing conditions and basic estimates for costs of services. This document lacks the sophistication of a true cost/benefit study because the number of variables, particularly on the revenue side, is so numerous that the final report would be overwhelming if each scenario were investigated. The major costs are presented in summary form, and the known sources of revenue are actually understated to present the most conservative estimates possible. 175 Regular City Council Meeting September 24, 1998 Page 176 3. The memos and charts from various departments with the details showing how cost and revenue figures were derived. 4. Miscellaneous information. In discussion with a number of concerned residents within the study area, a great concern seemed to be the lack of specificity in the proposed service plan (item #1 above). The document is modeled on several recent Lubbock documents that have been incorporated into ordinances, and also depends heavily on similar documents from Austin and Houston. The Houston document has been successfully defended in litigation. It is important to note that any item that fails to materialize as outlined in the plan is subject to litigation and a possible disannexation petition. A good example is fire protection. The proposed service plan notes only that "fire service will be provided. " The Fire Department supports a very aggressive capital expense and personnel plan to have a station built within the area in two years after the annexation is official. However, the timing of the construction will depend on the progress of fire (water) lines, which may take three years. Thus, if staff is overly specific beyond the 4.5-year limit imposed by state law, staff may create the grounds for litigation. With regard to our study of existing conditions and basic estimates for cost of services (item #2 above), it is important for Council to understand that staff started from a very broad set of assumptions and has continued to refine those assumptions to arrive at the most reasonable cost estimate that staff can provide for servicing the subject area. This accounts for the fact that Council and the public may have seen costs ranging from $44 million (a figure not released by the staff and which the staff determined had a significant calculation error) to those presented today. I would also point out that, in the opinion of the staff, the significant costs over the first four years are the annual operations and maintenance and debt service costs. These are the key factors staff looks at to determine our ability to adequately handle the proposed annexation. While capital costs for the proposed fire station and water/sewer lines are significant, staff proposes that the water and sewer debt service be handled through our traditional twenty year debt retirement approaches and that the fire station be handled by either accumulating property/sales taxes generated by the proposed area over the first two years or by debt issuance. At the present time, the staff does foresee the need for increases in both the water (2 percent) and sewer (4 percent) rates. The citywide average water and sewer bills are $22.86 and $16.44, respectively. Consequently, the average citizen would see his monthly water and sewer bill increase to $23.32 ($0.46 increase) and $17.10 ($0.66 increase), respectively. These would enable us to handle the debt associated with the new line extensions. In an attempt to be conservative with our estimates, staff has not factored into our calculations the projected increases to water/sewer revenues that will be realized over the forthcoming years when the proposed area is "built out." General Fund impacts will require us to absorb additional costs in the early years until tax values increase (as is anticipated). The staff gave a general overview at the Tuesday night hearing and repeated that presentation (a summary version) at the meeting prior to Thursday's hearing. 176 Regular City Council Meeting September 24, 1998 Page 177 The Planning Commission held a work session September 3, 1998 and recommended consideration of the study area for annexation. Staff concurred with that recommendation. CIVIC SERVICES (42.) Consider Resolution No. 6017 authorizing the Mayor to sign an amended Agreement between Civic Lubbock, Inc. and the City of Lubbock. RESOLUTION NO. 6017 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 Civic Lubbock, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if full copied herein in detail. Passed by City Council this 24th day of September, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Director of Civic Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Agreement is filed with Resolution No. 6017. As part of the City of Lubbock consolidation and coordination efforts, Civic Lubbock, Inc. was restructured in October 1996. Certain functions performed by Civic Lubbock, Inc. were transferred to METTS. In addition, the food concession and ticketing operations, which had been handled by Civic Lubbock, Inc. were transferred to the City. Civic Lubbock, Inc. continues to hold the liquor license and handle the alcoholic beverage operations for the Civic Center and the Auditorium - Coliseum. The profits from these sales are used to foster and promote cultural and educational programs in and around these facilities, with an emphasis on public art programs. 177 Regular City Council Meeting September 24, 1998 Page 178 With the restructuring that took place in 1996, the financial resources available to Civic Lubbock, Inc. have reduced significantly. In order for Civic Lubbock, Inc. to continue their efforts to fulfill their mission, City staff is recommending that the agreement with Civic Lubbock, Inc. be amended so they perform the food and soft drink concessions which will provide an additional funding source. A copy of the amendment was included in Council's backup information. The recommendation and amendment provisions are as follows: 1. The amendment broadens the scope of Civic Lubbock, Inc.'s ability to foster and promote cultural and educational programs. 2. The City grants to Corporation a license for all food, beverage and other concession sales in, or surrounding the Lubbock Municipal Auditorium -Coliseum, Lubbock Memorial Civic Center, and other designated municipal facilities 3. Civic Lubbock, Inc., will pay the City 20% of food and soft drink commission sales in fiscal year 1998-99; 10 % in fiscal year 1999-2000; and 5 % in fiscal year 2000-2001 at the Lubbock Memorial Civic Center and the Lubbock Municipal Auditorium - Coliseum and other mutually determined municipal facilities during the term of this Agreement. 4. Civic Lubbock, Inc. will continue to pay the City 20% of alcohol beverage commission sales at the Lubbock Memorial Civic Center and the Lubbock Municipal Auditorium -Coliseum and other mutually determined municipal facilities during the term of this Agreement. 5. At Corporation expense, Corporation agrees to conduct an annual audit of its book of accounts using the City's designated external auditor each year during the term of this Agreement. 6. For the purposes of transferring food and beverage concession functions to Corporation, all equipment currently owned by the city and used for food and soft drink concessions will be leased to Civic Lubbock, Inc. for $1.00 per year. 7. The City agrees to sell its current consumable inventory associated with such operations to the Corporation on an "as used" basis at a total cost not to exceed $30,000. 8. Civic Lubbock will make quarterly payments to the City each fiscal year that the program is in force. 9. The City may, at its sole discretion, discontinue this funding program after the third year by giving Civic Lubbock, Inc. at least 60 days written notice. Due to the restructuring of Civic Lubbock, Inc. in 1996, the financial resources available to Civic Lubbock, Inc. to fulfill their purpose have reduced significantly. In order to enhance the public art programs provided by Civic Lubbock, Inc. and their ability to expand the cultural and educational programs, it is recommended that the City enter into this agreement with Civic Lubbock, Inc. It is necessary to amend the agreement between the City and Civic Lubbock, Inc. to reflect the changes in operation. Staff recommended that Council approve the proposed amendment. 178 Regular City Council Meeting September 24, 1998 Page 179 Tommy Gonzalez, Director of Civic Services, presented staff comments. Motion was made by Councilmember Ince, seconded by Councilmember Nelson to pass Resolution No. 6017 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Items No. 39 and 40 were considered following Item No. 42. (43.) Consider a resolution authorizing the Mayor to execute the necessary contract documents with Carter and Burgess, Inc. and Parkhill, Smith and Cooper, Inc. for provision of architectural and engineering services for a Canyon Lakes Feasibility Study. This item was deleted prior to Council meeting. (44.) Consider Resolution No. 6018 authorizing the Mayor to execute the necessary contract documents with the Meadows Foundation to accept a challenge grant for renovating the Buddy Holly Center. RESOLUTION NO. 6018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Contract by and between the City of Lubbock and The Meadows Foundation and all related documents. 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 Council. Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Grant Contract is filed with Resolution No. 6018. The Meadows Foundation provides funding assistance throughout the State of Texas and is dedicated to providing support for the arts, civic and public affairs, education, health and human services. The Foundation strives for accessibility, cordiality, objectivity, fairness and professionalism in all of its dealings. 179 Regular City Council Meeting September 24, 1998 Page 180 The Foundation has issued a challenge grant of up to $131,020 payable to the City of Lubbock on or before January 10, 1999 as a $1: $1 match for contributions received between August 26, 1998 and January 1, 1999 for renovations of the Buddy Holly Center. The renovations include roof repair, electrical and installation of new HVAC units, and a duct work system in the west wing that will be consistent with professional museum standards. Pending proposals that are eligible for the challenge include Southwestern Bell $50,000; the Plum Foundation $50,000; and the Texas Historical Commission $50,000. Other local, regional and national foundations will be targeted and approached and a fundraising campaign is being initiated to solicit the support of the local community. Once the challenge grant has been met, the Meadows' funds and other donations will be used for full roof rehabilitation on the original structure; electrical and improved HVAC systems; additional site improvements; and exhibit development. Staff recommended that the Mayor be authorized to execute the necessary contract documents provided in the resolution document and associated documents with the Meadows Foundation. Connie Gibbons, Director for Cultural Arts Services, presented staff comments. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 6018 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS (45.) Consider a resolution authorizing the Mayor to execute a healthcare services contract with Covenant Health System and its subsidiaries to provide discounts for hospital and physician services under a managed care agreement. This item was deleted. (46.) Consider a resolution authorizing the Mayor to approve the City of Lubbock's Legislative Package for the 1999 76th Legislative Session. This item was deleted. (47.) Consider Resolution No. 6019 authorizing the Mayor to execute a contract with Strategia Corporation for research of embedded chips in various equipment for Year 2000 Compliance. RESOLUTION NO. 6019 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 research of embedded chips in various equipment for Year 2000 compliance, by and between the City of Lubbock and Strategia Corporation, and related documents. 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. 180 Regular City Council Meeting September 24, 1998 Page 181 Passed by City Council this 24th day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ron L. Lewis Ron L. Lewis, Assistant to the City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the Professional Services Agreement is filed with Resolution No. 6019. The City Council has provided the City of Lubbock employees with the most advanced technology for the provision of services to the citizens of Lubbock. Electric and Water Utilities, Information Technology, and Police and Fire protection all rely heavily upon computerized equipment including electrical switching devices, water valves, police mobile data terminals, notification devices for fire response, and radio communication systems. As a result the City Manager believes that it is prudent to protect the substantial investment in both financial and human resources by attempting to mitigate the impact of the Year 2000 problem. In January of 1998 Ron Lewis, Assistant to the City Manager, was assigned to head the Year 2000 initiative for the City of Lubbock organization. He began with the help of individuals from all departments to a compile an inventory of equipment that possibly contained embedded chips. The inventory list was prioritized by the very people that use and maintain these electronic devices. The Purchasing Department assisted with the preparation of the Request for Proposals (RFP) inviting vendors to submit proposals to provide research services and documentation of embedded chips regarding their Year 2000 compliance. Two responses were received and evaluated. Strategia Corporation's response scored the highest by the review committee (Sharlett Chowning, Jere Hart, Jeff Rippel, Ron Lewis, Amanda Johnston, and Helen Burns). Negotiations were conducted between members of Strategia Corporation and city staff that resulted in the contract for services. The contract costs include $215,000 for research and documentation plus an additional cost not to exceed $10,000 for related travel and expenses for a total not to exceed $225,000. This amount was reduced during negotiations. This continues staff efforts to be "Y2K Ready" to best serve and protect our citizens. Ron Lewis, Assistant to the City Manager, presented staff comments. 181 Regular City Council Meeting September 24, 1998 Page 182 Staff recommended approval of the contract. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6019 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince was away from the dais. BOARD APPOINTMENTS Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to confirm all appointments of board members. Motion carried: 7 Yeas, 0 Nays. (48.) Confirm the appointment of Joel Robinett to the Building Board of Appeals. (49.) Confirm the appointment of Marianne Overton to the Planning and Zoning Commission. (50.) Confirm the appointments of Betty Carr, Dr. James Goss, Marsha Jackson, Dudley Thompson, and John White to the Urban Design/Historic Preservation Committee. The citizens referenced above were selected for service during the City Council executive session of September 10, 1998. They have all been contacted and have agreed to serve. (51.) Consider four appointments to the Market Lubbock Economic Development Corporation Board of Directors. The following individuals' terms on the Market Lubbock Board have ended: 1. Gary Lawrence 2. Paula Montoya 3. Mike Field 4. Jack Alderson Mr. Alderson has indicated that he does not wish to be reappointed. Following is a transcript of this item: Councilmember Hernandez: Madam Mayor, as a, in relation to Item 51, what I would request is that we take these one by one. It's my understanding that there are four positions currently available for reappointment or for new appointments to Market Lubbock Economic Development Corporation, and in light of that, I would move to reappoint Ms. Paula Montoya. Mayor Sitton: Did you say something? Okay, the motion has been made; do I hear a second? (No response) Motion dies for lack of second. Councilmember Hernandez: I would move, then, that we reappoint Mr. Gary Lawrence, who is also a current member of Market Lubbock, Inc. Mayor Sitton: Gary Lawrence does not wish to be reappointed. 182 Regular City Council Meeting September 24, 1998 Page 183 Councilmember Hernandez: That is my understanding, but I did want to pay him the courtesy of at least submitting his name for reappointment. Lastly, I would like, well not lastly, but I would like to... Anita Burgess: Was there a second on that motion, please? Councilmember Hernandez: No, it died for lack of a second. Anita Burgess: Thank you. Councilmember Hernandez: I would also like to nominate the name of Efren Villaneuva for appointment to Market Lubbock, Inc. Mayor Sitton: And that's in the form of a motion? Councilmember Hernandez: Yes, ma'am. Mayor Sitton: Do I hear a second? (No response) Motion dies for lack of a second. Councilmember Hernandez: Madam Mayor, at this point, I turn it on over to whoever else might make a recommendation. Councilmember McDougal: Mayor, I would like to place the following names in nomination in the form of a motion. Councilmember Cooke: Not nomination, you're making a motion. Councilmember McDougal: Motion, yes. Jane Anne Stinnett, David Conejo, Randy Neugebauer, and Mike Field. Councilmember Nelson: Second. Mayor Sitton: Who seconded it? David. Motion has been made by Councilman McDougal, seconded by Councilman Nelson... Councilmember Hernandez: Madam Mayor, I would like to make comment. This Council has always had an informal policy of reappointing individuals back on to boards and commissions, provided two criteria were met. Number one, that they substantially fulfill their obligation as far as meeting attendance, and two, that they had a willingness to serve. I think that by not appointing or reappointing these members --and it's my understanding that Gary Lawrence decided this morning not to go through this process again, not because he has not been an effective member, not because he truly does not want to be reappointed, but for other reasons withdrew his name --I find it very unfortunate that we are veering away from the informal policy that this Council has followed for years. Ms. Paula Montoya was willing to serve, has done an outstanding job as per the Chairman of Market Lubbock, Inc. and as per the staff liaison of the City of Lubbock, and I think it's unfortunate that this whole process has become so politicized that we are no longer following that precedent. I truly believed, when I was part of the group that created Market Lubbock, Inc. and was part of the group that appointed that first group of folks, that this Council had done so with the intention of staying away from Market Lubbock, Inc. and giving them the autonomy that they needed to succeed. It's unfortunate that we're no longer doing that and, furthermore I would just like to say that as a result of that I think we should look back in our history and see that that was the ultimate reason for the demise of the BCD, and it is my fear that we are heading in that same direction today. 183 Regular City Council Meeting September 24, 1998 Page 184 Mayor Sitton: Is there other discussion? Councilmember Ince: I would like to make comment, please. Councilmember Nelson: As would I. Councilmember Ince: Go ahead, David, you look ready. Councilmember Nelson: I simply want to say, certainly not having been on the Council as many years as Councilman Patterson or the others on the Council, with the exception of Councilman McDougal, I am unaware of any policy with regard to automatic appointments of persons already serving on the board. I believe there's been an instance or two since I've been on where we have, in fact, not appointed someone who is up for reappointment. If there is a policy, please let me know, so that I'll know how to work with councilmen and with our policies. And Madam City Attorney, if you would correct me or confirm, it's my understanding that with regard to board appointments, commission appointments and other advisory boards, that those appointees serve, I believe the correct language, statutory language as well code language, is you serve at the pleasure of the Council. Anita Burgess: That's accurate, Councilman. I am aware of no policy either, however I might add I do recognize Councilman Hernandez refers to an informal policy, but I'm certainly unaware of any formal or written policy. Councilmember Nelson: Okay. And I'm unaware of any informal policy, as well. And I think that the City government, the City Council was set up to exercise its judgment, exercise its discretion with regard to composition of boards, with regard to representation of various expertise within the community, as well as having served as Chairman of the Appointments Advisory Board, to reach out into the community and get those people who have not been involved, and get those people that have something to bring to these boards. That was the charge that we had when this Council created the Appointments Advisory Board: `Please go out and involve other people.' We're tired; those people that we've appointed over and over are tired. And whether they're tired or not, it's our charge to make sure that we have an opportunity to involve other people within the community. And I took that seriously when I was the Chairman of that Appointments Advisory Board, and I take it seriously whenever we make appointments from this dais as a Council. And I can assure you that these appointments are being made with those objectives in mind. They're not being made contrary to any policies that I know of. And they've been reached, I think, with good exchange of ideas and input, not for any of the motives that, or I think the word politicizing was the Councilman's word, that is not the purpose. This is a very vital board and any comments regarding predicted disfavor or falling into disfavor this board, simply is demagoguery and not appropriate. And I think it's a situation where we have some excellent appointees here, and I support them 100%, and again renew my second for those people nominated. Councilmember Hernandez: Point of clarification then. I'm a little confused, because I've always operated under the assumption --and I need direction from the Chair --that there is, in fact, an informal policy and always has been an informal policy that we will reappoint those individuals who are eligible and who meet the minimum requirements as far as attendance. Is that not the case, Madam Chair? 184 Regular City Council Meeting September 24, 1998 Page 185 Mayor Sitton: I'm not aware that there is a policy. Councilmember Hernandez: You've never followed that policy yourself? Mayor Sitton: I am not aware of there being a policy, and I can't tell you whether or not each individual that has come along the way, that we have reappointed or not reappointed. I don't know. In the last 31/2 years we've made a lot of appointments. Councilmember Hernandez: Point of clarification: Why are we then reappointing Mike Field, who is currently a member of Market Lubbock, Inc. and willing to serve, and not Paula Montoya. Councilmember Cooke: I would call for the question. Councilmember Ince: I've got comment, please. Councilmember Nelson: And I can respond to that after Max's comment. Councilmember Ince: He's called for the question, so I guess we have to take a... Councilmember Cooke: No. Councilmember Ince: Okay, you going to withdraw? Councilmember Nelson: He withdraws. Councilmember Ince: Mine's on a little bit different subject here but, as most Councilmembers are aware of, the Hotel and Motel Association has asked that they have representation on the Market Lubbock Board. The fact is that the METTS Board has now been dissolved, which was the board that worked with the Tourism and Convention Bureau, and they had two members to representations on, two representatives on that board. About $800,000 of hotel and motel tax money paid by visitors to this city goes for the promotion of the Convention and Tourism Bureau in Lubbock. And I think that the Hotel and Motel Association that they are experts or certainly have some expertise in motels and hotels conventions and festivals that they, that most of them have permanent staff that work in that area all the time. Now, I believe for this reason that their request is reasonable. Although I support these four people that have been appointed --these are excellent people that would do a great job --I would like for the Council in the future to consider next year when some more appointments come up, that the Motel and Hotel Association be represented on the Market Lubbock Board. That's a big part of the Market Lubbock Board's budget and promotion of convention and tourism, and I think they need that input. Councilmember Hernandez: Since Councilman Nelson is going to respond to the previous question I posed, I would pose another question to him, because he made a statement that I found particularly interesting: he said that these names being proposed came as a result of a dialogue and an exchange of ideas. I want it put in the record that I was never approached on any of these names or on any of this while they were deliberating this process prior to this meeting. And I personally do not appreciate the rest of the Council appointing what I consider to be tokens on an extremely important board. And I cannot support any of these nominations, and you can expect a Nay vote. 185 Regular City Council Meeting September 24, 1998 Page 186 Mayor Sitton: Councilman Hernandez, I'd like to make one correction that I can personally attest to. I submitted to the entire Council Jane Anne Stinnett's, because I felt like that she represents agriculture. Agriculture is our lifeblood in this community. We do not have a member from the agricultural community on this board. I think it's imperative we have one. I got a copy of her resum6; I sent that to every Councilmember. Councilmember Hernandez: I would acknowledge the fact that I did receive that, Mayor. I would also point out, however, that the ag community submitted a list of names to be considered, one of which was Jane Anne Stinnett, and I never received a copy of the entire list of nominees by the Agricultural Committee. Councilmember Nelson: Neither did I, Councilman Hernandez. Councilmember Cooke: Neither did I. Councilmember McDougal: Neither did I. Councilmember Nelson: With regard to Mike Field, may I comment... Mayor Sitton: Yes, yes. Councilmember Nelson: ... about a community citizen, long-time resident of Lubbock, a member of the legal profession here specializing in tax and estate planning, has several business interests dealing in commercial development, has a keen insight into land use and land use planning. Mike has been involved in the community for 25+, 30 years, and his insight, I think, is something that is unique and very valuable to Market Lubbock, and that's the reason why I'm supporting Mike's reappointment. Councilmember McDougal: Mayor, I would like to also make a comment. In regard to Mr. Lawrence, Mr. Alderson, and Ms. Montoya, I think they've all served Market Lubbock well. No question about that, I don't think anybody is questioning that. I think it is very important that we have representatives from the agricultural industry, as you mentioned earlier, and also somebody involved in the medical management field, as Mr. Conejo is. Those are two of the largest employers that we have in our community, and I think it's very important that those fields are represented on this board. Councilmember Cooke: We've been approached by several groups, you know, about representation, and it's just a difficult situation to deal with. But this group does bring a wide and diverse area of expertise, each in their own way. And I echo what Mark said. Market Lubbock has done very well and we're all proud and supportive and proud of the accomplishments that they have made. I would like to, something Max touched on, the hotel/motel, which was one of the groups that we were approached by for representation that we were flat, you know, there's only so many slots. I would like to encourage Market Lubbock --and I notice that Mr. Sharp the other day made reference in the newspaper to using some of the METTS people, you know small advisory group formats to bring some of that expertise to bear --and I would encourage them, if at all possible, to be very inclusive of the hotel/motel businesses here in Lubbock in that group. Mayor Sitton: Is that all of the discussion? Motion has... 186 Regular City Council Meeting September 24, 1998 Page 187 Councilmember Hernandez: Well, I would like to say one last thing, and that is in relation to Mr. Conejo specifically. The reason I am opposing his nomination is simply because I do not feel, and many others in the Hispanic community feel, that he does not adequately represent our interests. Mayor Sitton: The motion has been made and seconded to confirm Jane Anne Stinnett, David Conejo, Randy Neugebauer, and Mike Field to Market Lubbock, Inc. All in favor, say Aye. Mayor Sitton, Councilmembers Cooke, Ince, McDougal, Nelson, and Patterson: Aye. Mayor Sitton: All opposed, say Nay. Councilmember Hernandez: Nay. Mayor Sitton: Motion carries, 6-1 11:40 A. M. COUNCIL RECESSED TO WORK SESSION Council recessed back to Work Session for completion of Item No. 5. 12:15 P. M. COUNCIL RECESSED FOR LUNCH 1:01 P. M. COUNCIL RECONVENED Item No. 41 was considered when Council reconvened. 1:40 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 7 Yeas,O Nays. ATTEST: kayth'j Darnell, City Secretary Read and approved this day of 44-111h-h , 1998. I WINDY SI ON, MAYOR ATTEST: 4-k- kli--Cll Kaythie Darnell, City Secretary 187