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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/16/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 16, 1998 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 16th day of December, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Marc McDougal, Councilmember David Nelson, and Councilmember T. J. Patterson CITIZEN COMMENTS No one appeared for citizen comments. 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; City Secretary); pending or contemplated litigation (Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Water Utilities). 7:34 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; City Secretary). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Police Department; Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Building Board of Appeals Board of Electrical Examiners Community Development and Services Board Library Board Permit and License Appeal Board Public Transit Advisory Board (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Water Utilities). Regular City Council Meeting December 16, 1998 Page 416 9:31 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (5.) Presentation of performance to budget for FY 1997-98 by Anna Mosqueda, Director of Management Services. (6.) Discussion on January 1, 1999 population estimates by David Buckberry, City Planner. 10:01 A. M. CITY COUNCIL RECESSED 10:33 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Don Vandiver, First Assistant City Attorney; and Kaythie Darnell, City Secretary Absent: Anita Burgess, City Attorney Mayor Sitton called the meeting to order at 10:33 A. M. (7.) Chaplain Samuel Brown -Dawson, Covenant Lakeside Hospital, gave the invocation. (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Building Board of Appeals Receiving: Marty Cleckler Complete Count Committee Receiving: Hank Dominguez (unable to attend) Richard Molina (unable to attend) Father Cornelio Ramirez Luis Trejo (unable to attend) Library Board Receiving: Maria Fernandez (unable to attend) Paul Manning Structural Standards Commission Receiving: Doris Fletcher (unable to attend) CITIZEN APPEARANCES ( 9.) Mayor Sitton presented a Special Recognition to Lubbock Housing Authority Board of Commissioners in recognition of their service to the community. C. Tom Reese and Arnold Mincey's terms are expiring as Lubbock Housing Authority Board Commissioners. Both have served for five years. The Lubbock Housing Authority assists low-income residents by helping meet their need for affordable housing. During their tenure as 416 Regular City Council Meeting December 16, 1998 Page 417 Commissioners, Mr. Reese and Mr. Mincey helped guide the Lubbock Housing Authority through a time of great controversy and transition. The Lubbock Housing Authority has recently been successful in meeting federal audits and compliance reviews. Through the efforts of the Commissioners and senior staff, the Lubbock Housing Authority has become better prepared to meet the future housing needs of Lubbock's low income residents. This Special Recognition was given in recognition of C. Tom Reese's and Arnold Mincey's service to the community. (10.) Lubbock Animal Services presented the 1998 VIP (Very Important Person) Award to the youth of our community for their support of our programs to rescue animals. Lubbock Animal Services presented the 1998 VIP (Very Important Person) Awards to the youth of our community, for their support of our programs to rescue animals. One 1998 VIP (Very Important Pet) Award was presented to a dog that saved its people family from carbon monoxide poisoning. Those recognized were: Cody Harwick (Volunteer of the Year): Five days a week, you will find Cody watering the dogs that are housed at the animal shelter. Cody has always wanted to work with animals, and with a special pump that was fitted to his wheelchair, he has been able to give the animals that extra TLC (Tender, Loving Care) for over a year. Ahrtof's Baxter: An Irish Wolfhound that saved his people family from carbon monoxide poisoning. McWhorter Elementary: Ms. Acker and her five Special Ed students raised $1,000 for the Pennies for Pets. O. L. Slaton Junior High: Each year, Ms. Elmore and the students raise money and collect supplies for the animals during "Christmas for the Animals." Estacado High School: Ms. Conrad and her Vocational Adjustment students started the first foster care program for puppies and kittens and received a $1,500 grant from the C H Foundation for their efforts. Ms. Conrad was unable to attend. This award is given each year to recognize news media and businesses that have donated their time to help promote and inspire an appreciation of and concern for animals. This year staff has added the youth of our community and one special award for an animal that has shown the essence of the human/animal bond. CONSENT AGENDA (Items No. 11 - 23 and 25 - 31) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Ordinance No. 10097 - Assessments for paving improvements on the 1997 Assessment Paving Program (second of three readings). 417 Regular City Council Meeting December 16, 1998 Page 418 ORDINANCE NO. 10097 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREETS AND/ALLEYS: EAST HARVARD STREET FROM ASH AVENUE TO BIRCH AVENUE; 82ND STREET FROM FRANKFORD AVENUE WEST TO THE CITY LIMITS; THE EAST -WEST, NORTH -SOUTH ALLEY BETWEEN 64TH DRIVE AND 66TH STREET FROM MEMPHIS AVENUE EAST TO 66TH STREET; THE NORTH -SOUTH ALLEY BETWEEN VICKSBURG AVENUE AND WAYNE _ AVENUE FROM 4TH STREET TO WHISPERWOOD BOULEVARD SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING FUNDS, (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). On August 27, 1998 the City Council conducted a public hearing to consider paving assessments for two streets and two alleys, and conducted the first of three readings required for the paving assessment ordinance. After the public hearing, the Council made the following decisions relative to the two streets and two alleys. A. Unit 2342-001 - East Harvard Street from Ash Avenue to Birch Avenue. Pave this unit as indicated on the plans and assess the abutting property owners at the enhancement rate. B. Unit 2386-002 - 82nd Street from Frankford Avenue west to the City Limits. Pave this unit as indicated on the plans and assess the abutting property owners at the enhancement rate. C. A-461-73 - The east -west, north -south alley between 64th Drive and 66th Street from Memphis Avenue east to 66th Street. Pave this unit as indicated on the plans and assess the abutting property owners at the calculated rate (90 % of the paving cost), if the majority of the owners will sign an agreement stating that they agree to pay an assessment rate equal to the calculated rate. The required agreement has been signed and returned by 83 % of the owners. D. A-461-74 - The north -south alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Boulevard. Pave this unit as indicated on the plans and assess the abutting property owners at the calculated rate (90 % of the paving cost), if the majority of the owners will sign an agreement stating that they agree to pay an assessment rate equal to the calculated rate. The required agreement has been signed and returned by 86 % of the owners. Bids have been received by the City for constructing paving improvements on Harvard Street and the two alleys; Units 2342-001, A-461-73 and A-461-74. In consideration of the actual bid prices received, the assessment rates have been reduced from the calculated rate 418 Regular City Council Meeting December 16, 1998 Page 419 shown at the public hearing for the two alleys. The assessment rate for Harvard Street remains as shown at the public hearing since that rate is based on an independent appraisal. The assessment rate for 82nd Street, Unit 2386-002, remains as shown at the public hearing since it is a thoroughfare and past Councils have assessed thoroughfares at the enhancement rate. The 82nd Street project was designed, bid, and is being constructed by the Texas Department of Transportation (TxDOT). The enhancement rates to be assessed against the abutting properties are less than the City's participation in the costs of the project. For the second reading, staff recommended the ordinance be considered for approval. The assessment rates for the two alleys should be reduced to the new calculated rate based on actual bid prices received. The assessment rates will be reduced from $16.70 per foot for Unit A461-73 and $16.95 per foot for Unit A461-74 to $15.84 per foot for the two alleys. The assessment rates for the two streets will remain as established by the City Council at the public hearing. At a future meeting the Council will consider the third and final reading of the ordinance and consider a resolution authorizing the Mayor to sign the agreements returned for the two alleys. (12.) Ordinance No. 10124 abandoning and closing a portion of a 20-foot underground utility easement and garbage service collection easement in the Crown Pointe Addition to the City of Lubbock (4201 84th Street) (second and final reading). ORDINANCE NO. 10124 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A TWENTY FOOT UNDERGROUND UTILITY EASEMENT AND GARBAGE SERVICE COLLECTION EASEMENT DEDICATED BY PLAT AND BY UNDERGROUND UTILITY EASEMENT RECORDED IN VOLUME 3287 PAGE 18 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS LOCATED IN THE CROWN POINTE 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. (13.) Ordinance No. 10125 authorizing private garbage haulers to provide residential garbage collection services for up to three (3) years in newly annexed areas (first reading). ORDINANCE NO. 10125 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITTING THE TEMPORARY COLLECTION OF RESIDENTIAL SOLID WASTE WITHIN NEWLY ANNEXED AREAS OF THE CITY OF LUBBOCK BY PRIVATE HAULERS; PROVIDING A MISDEMEANOR PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 419 Regular City Council Meeting December 16, 1998 Page 420 Currently, solid waste collection services outside the City are provided by private haulers. Some of these haulers have contracts with individuals to provide this service. Inside the City limits, the City is responsible for providing residential solid waste collection and disposal services. An ordinance has been proposed that would authorize the City to issue permits to these existing haulers to allow these haulers to continue providing this service for up to three years or until the existing contracts expire. The permit fee would be 3 % of gross revenues generated in the annexed areas. This is the same fee (3 % of gross) the current City residential solid waste rate payers pay to the City's General Fund to partially reimburse the cost of alley maintenance. I Staff recommended approval. (14.) Resolution No. 6129 authorizing the Mayor to execute a street -use license with Scott Elkins for four outdoor food vending carts in the Depot District (1805 and 1812 Buddy Holly Avenue, 1814 and 1818 Avenue G). RESOLUTION NO. 6129 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 Street Use License, with associated documents, for and on behalf of the City of Lubbock with Scott Elkins, for four outdoor food carts in the Depot District. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 16th day of December, 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, Office Practice A copy of the Street -Use License is filed with Resolution No. 6129. Scott Elkins has four outdoor food vending carts that he wishes to place in four locations in the Depot District to sell hot dogs and fajitas during nighttime hours. One cart is to be located at 1812 Buddy Holly Avenue or just west of Lot 19, Block 230, Original Town Addition; a second cart will be located at 1814 Avenue G or just east of Lot 18, Block 231 420 Regular City Council Meeting December 16, 1998 Page 421 Original Town Addition; a third cart will be located at 1818 Avenue G or just east of Lot 16, Block 231, Original Town Addition; and a fourth cart will be located at 1805 Buddy Holly Avenue or just west of Lot 3, Block 231, Original Town Addition. Mr. Elkins has permission from the Depot District adjacent property owners to put his carts at these locations. He also has Health Department permits. These carts will take up a space of approximately 6-feet by 8-feet each, and he will be charged the street -use license fee minimum of $50 for all four carts. This license will be for 20 years, payable every five years in advance. The Right -of -Way Department recommended the approval of this street - use license. (15.) Resolution No. 6130 authorizing the Right -of -Way Department to make an offer to Jesus H. Cavazos for a 4,613.7-square-foot tract of property in Section 5, Block E, Lubbock County, Texas for the 82nd Street widening project (916 82nd Street). RESOLUTION NO. 6130 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 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-20 Jesus H. Cavazos $ 4,600 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized are more particularly described in exhibit attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owner of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount herein above 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 herein above described for public purposes and municipal purposes. 421 Regular City Council Meeting December 16, 1998 Page 422 Passed by City Council this 16th day of December, 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/ Matt Wade Matt Wade, Assistant City Attorney A copy of the Exhibit is filed with Resolution No. 6130. In August of 1998, a resolution was passed authorizing the Right -of -Way Department to make offers to several property owners, including Jesus Cavazos, along 82nd Street from I-27 westward to Avenue U. This property was appraised by Tommy Cantrell, MAI. Mr. Cavazos has rejected our offer of $19,350 for the entire lot of 19,370 square feet or $4,600 for the 4,613.7-square-foot taking. He has asked for $48,425 or $2.50 per square foot for this 19,370-square-foot total lot area, or $13,841 for this 4,613.7-square-foot taking, which amounts to $3 per square foot. Since the City only needs the 4,613.7 square foot area for 82nd Street right-of-way, staff is submitting this new resolution for just the area needed for the right-of-way. This $4,600 offer to Mr. Cavazos amounts to $1 per square foot, and the property owners on both sides of Mr. Cavazos have accepted the City's offer at $1 per square foot. This resolution authorizes condemnation if Mr. Cavazos does not accept this offer. The Right -of -Way Department recommended the approval of this offer to Mr. Cavazos. (16.) Resolution No. 6131 authorizing the Mayor to execute a street -use license with Buckner Children and Family Services, Inc. for an underground communications line across Brentwood Avenue adjacent to Lot 1, Block 7, Buckner Addition (1200 Brentwood Avenue). RESOLUTION NO. 6131 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 an on behalf of the City of Lubbock a Street Use License with associated documents for and on behalf of the City of Lubbock with Buckner Children and Family Services, Inc., for an underground communication cable. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 422 Regular City Council Meeting December 16, 1998 Page 423 Passed by City Council this 16th day of December, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Street -Use License is filed with Resolution No. 6131. Buckner Children's Home is located just north of North Loop 289, east of Chicago Avenue and adjacent to Brentwood Avenue. Buckner's desires to run an underground communications cable under Brentwood Avenue just south of 1st Place to connect two of their offices. Buckner's was the original dedicator of Brentwood Avenue so there is no charge for this license. The Right -of -Way Department recommended the approval of this street - use license. (17.) Resolution No. 6132 authorizing acceptance of water and sanitary sewer improvements for Lots 593-692, Revier Farm Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6132 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 593-692, REVIER FARM ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 593-692, Revier Farm Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $115,767.24 with the improvements constructed by Utility Contractors of America having a value of $73,059.28 as determined by the unit prices established by said Chapter 28, and $42,707.96 cash paid to the City, which amount includes $41,366.39 cash for adjacent lines, with Betenbough and Company, the developer, to receive a refund of $3,515.39 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: 423 Regular City Council Meeting December 16, 1998 Page 424 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sanitary sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $3,515.39 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 16th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total value of the improvements is $73,059.28 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. The developer, Betenbough and Company, will receive a refund of $3,515.39 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 13th Street and Milwaukee Avenue. Staff recommended acceptance of the improvements. (18.) Resolution No. 6133 authorizing acceptance of water and sanitary sewer improvements for Lots 261-310, Westchester Park Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6133 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 261-310, WESTCHESTER PARK ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 261-310, Westchester Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and 424 Regular City Council Meeting December 16, 1998 Page 425 WHEREAS, the total utility cost to the developer is $59,716.02 with the improvements constructed by Utility Contractors of America having a value of $40,902.45 as determined by the unit prices established by said Chapter 28, and $18,813.57 cash paid to the City, which amount includes $17,996.47 cash for adjacent lines, with Walter B. Mantooth, the developer, to receive a refund of $1,126.04 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and _ WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $1,126.04 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 16th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total value of the improvements is $40,902.45 determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. The developer, Walter B. Mantooth, will receive a refund of $1,126.04 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 4th Street and Kline Avenue. Staff recommended acceptance of the improvements. 425 Regular City Council Meeting December 16, 1998 Page 426 (19.) Resolution No. 6134 authorizing the Mayor to execute an Interagency Agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock, the City of Lamesa, Texas and Lubbock County. RESOLUTION NO. 6134 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock, Lubbock County, and the City of Lamesa, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 16th day of December, 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/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney Copies of the Interagency Agreements are filed with Resolution No. 6134. The Interagency Agreement is being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Texas Narcotics Control Program Grant, one requirement is that each participating agency enter into an Interagency Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of this agreement will also allow City of Lubbock police officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi jurisdictional. The Police Department recommended passing this resolution. (20.) Resolution No. 6135 authorizing the City Manager to approve a joint application with the City of Lamesa and Lubbock County for a State administered, Federally funded grant for the continuation of the South Plains Regional Narcotics Task Force. Cps Regular City Council Meeting December 16, 1998 Page 427 RESOLUTION NO. 6135 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 joint application with Lubbock County and the City of Lamesa, Texas, for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division, for State and federal assistance for operation of the South Plains Regional Narcotics Task Force to combat narcotics and illegal substances trafficking. The City Council hereby agrees to a cash match of $129,916.00 from the City of Lubbock to fund 25 % of the Project, as required by the State of Texas in order to be eligible to receive such State and federal assistance; and, THAT in the event of loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, provided pursuant to said joint application with Lubbock County and the City of Lamesa for grant funding, this Council assures that the funds will be returned to the Criminal Justice Division. Passed by City Council this 16th day of December, 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/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 6135. The grant application is made in conjunction with the Governor's Anti - Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 300,000 people located in 12 counties. Narcotic trafficking on the South Plains should be considered multi - jurisdictional, with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional problem requiring regional coordination. The citizens of the 12 county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the 12 county region. 427 Regular City Council Meeting December 16, 1998 Page 428 Further, the task force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, County and City law enforcement agencies. The unit would also lend investigative support to location jurisdictions. The grant application is to be received by the Governor's Office, Criminal Justice Division, no later than 5 p. m. January 11, 1999. Awards for the grant have been set for June 1, 1999. The total request for funding is $519,663 with the City's contribution being $129,916. This is the required 25 % match for the total grant and will come from our seized asset funds. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Cooperation Agreement with the City of Lubbock. The Police Department recommended passing this resolution. (21.) Resolution No. 6136 authorizing the Department of Aviation to participate in an Air Service Study that is being conducted by the Texas Department of Transportation Aviation Division. RESOLUTION NO. 6136 WHEREAS, public airports, small to large, are the air transportation system of our nation; and WHEREAS, the air transportation system is critical to our local and national economies; and WHEREAS, continuous involvement in aviation service issues concerning the adequacy in quality, quantity, and affordability is necessary to the vitality and prosperity of the City and its citizens; and WHEREAS, the Texas Regional Air Service Task Forces was formed on June 11, 1998 in Austin, Texas; and WHEREAS, the Texas Regional Air Service Task Force is comprised of representatives from various Cities, Airports, Business Chambers/groups, the Texas Municipal League, and the Texas Association of Airport Executives within the state of Texas; and WHEREAS, it is the mission Texas Regional Air Service Task Force to seek improvement in intrastate and interstate air service at member small and non -hub airport cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock supports the initiatives of the Texas Regional Air Service Task Force to study the economic impact of air service at small and non hub Texas Air carrier airports, to seek improvements in air service, and to assume an active role in legislation that promotes the improvement of air service at small and non -hub airports within Texas, through cooperative and legislative means. EM Regular City Council Meeting December 16, 1998 Page 429 Passed by City Council this 16th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney Texas Department of Transportation Aviation Division (TxDOT Aviation) has applied for a grant from the Federal Aviation Administration to study air service deficiencies in smaller cities in the State of Texas. The study will provide participating cities with information that could be utilized for individual efforts to improve air service, and would provide TxDOT Aviation with the information that it needs to assess service levels throughout the state. The proposed study would not duplicate the work that is already being done on the local level in many cities. Instead, the study will focus on the route systems and pricing strategies for airlines that serve Texas cities, and the effect that those strategies have on the ability of smaller cities to attract air service. TxDOT Aviation has requested financial participation from cities that would benefit from the study. The estimated cost of the study is approximately $400,000. The Federal Aviation Administration is funding 90 % of the cost. Participating cities are being asked to share the remaining ten percent of the costs. The total contribution for each city is estimated to be approximately $1,000. Funding is available in the Airport's marketing budget to cover Lubbock's share of the costs of the study. This resolution authorizes Lubbock International Airport to participate in the study. The Airport Board has reviewed this proposal and recommended approval. Staff also recommended approval. (22.) Resolution No. 6137 authorizing the Mayor to execute a change for municipal purposes to the airport's capital project budget to cover the total costs of the final phase of the Paved Shoulders project at Lubbock International Airport. 429 Regular City Council Meeting December 16, 1998 Page 430 RESOLUTION NO. 6137 WHEREAS, the City Council of the City of Lubbock, Texas has previously approved the Paved Shoulders - Phase III Capital Improvements Project for the Lubbock International Airport; and WHEREAS, it has become necessary to amend the total budget for the Project by $511,980, which amount will be funded by $132,122 in Federal Aviation Administration Airport Improvement Program Grant Funds and $379,858 in Passenger Facility Charge Program Funds; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Council hereby amends the budget for the Paved Shoulders - Phase III Capital Improvements Project by the amount of $511,980, which increases the total budget for such Project from $5,020,070 to $5,532,050. Passed by City Council this 16th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A major component of the Airport's Capital Improvement Program this year is the Paved Shoulders Project - Phase III. Based on the preliminary information available when the budget was under development, $5,020,070 was authorized for this project. Since that time, the City has received construction bids for the project that increased the required funding level to $5,532,050. The additional funding would come from two sources: $379,858 from the Passenger Facility Charge Program, and $132,122 from FAA entitlement funds under Airport Improvement Program. A summary of the proposed budget amendment and funding sources is shown below. 430 Regular City Council Meeting December 16, 1998 Page 431 Budget Current Transfer Final Bid 2,000 -0- 2,000 Design 559,720 -0- 559,720 Construction 4,458,350 511,980 4,970,330 Total 5,020,070 511,980 5,532,050 Funding Source 9493 PFC (Paved Shoulders) 4,367,570 379,858 4,747,428 AIP Grant 20 652,500 132,122 784,622 5,020,070 511,980 5,532,050 This funding proposal has been coordinated with the FAA, and the project has been reviewed and approved by the Airport Board. Staff recommended approval. (23.) Resolution No. 6138 to amend Resolution No. 5121, enacted March 14, 1996, establishing wage rates on public works projects to delete "weekend rate" from the holiday rate section under Exhibit D. RESOLUTION NO. 6138 WHEREAS, the City Council of the City of Lubbock has heretofore established the general prevailing rate of per diem wages on public works projects in Lubbock as required by Section 2258.022 of the Government Code; and WHEREAS, such wage rates were established by Resolution No. 5121, enacted on March 14, 1996; and WHEREAS, said schedule of per diem wage rates requires a clarification with regard to Exhibit D; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in Resolution No. 5121 enacted on March 14, 1996, except that Exhibit D to said Resolution entitled "Weekend and Holiday Rate" shall be entitled "Legal Holiday Rate" and shall read as follows: Act. " "The rate for legal holidays shall be as required by the Fair Labor Standards 431 Regular City Council Meeting December 16, 1998 Page 432 Passed by City Council this 16th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The intent of resolution No. 5121 is to establish the prevailing wage rates for building construction and paving and highway construction that is contracted by the City of Lubbock. In addition to setting these rates, this resolution also sets the rates for overtime pay and holiday pay. The language that has been used in this resolution under Exhibit D inadvertently used the word "weekend". According to the Fair Labor Standards Act the only time an employer needs to pay overtime pay is when an employee actually works over 40 hours in a defined workweek. Workweeks are defined by employers. An employer could start their workweek on Saturday rather than the traditional Monday. The intent of this resolution was to pay time -and - one -half for any time worked over 40 hours or on a holiday. It was not intended to define a workweek for contractors. By taking the word "weekend" out of the resolution we comply with all wage laws, but allow contractors to manage overtime costs through scheduling of employees. Staff recommended that the wording of the resolution be amended as noted. (24.) Consider a resolution authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the South Plains Regional Workforce Development Board and the Texas Workforce Commission from the Community Development Block Grant for Public Service. This item was deleted. (25.) Consider and vote on approving the acceptance of the donation of four lots located at 1110 66th Street, 1306 66th Street, 1310 66th Street, and 1314 66th Street to be used as permanent match to the HOME program to develop affordable housing. 432 Regular City Council Meeting December 16, 1998 Page 433 Mr. Tom Williams would like to donate these lots to the HOME program as a permanent match to further affordable housing in the City of Lubbock. The lots are located at 1110 66th Street, 1306 66th Street, 1310 66th Street, and 1314 66th Street, with a legal description of Lot 14, Block 2, McClarty Circle View Addition, and Lots 12, 14, and 16, Block 3, McClarty Circle View Addition. The tax -assessed value is $2,000 per lot. A title policy reflecting clear title has been provided. The Urban Renewal Board of Commissioners approved the donation of the lots on November 17, 1998, contingent upon a clear title and environmental compliance approval. In accordance with the Urban Renewal motion, the lots have been cleared by the Environmental Compliance Department and all have clear titles. Recommendation by staff was to approve the acceptance of the four lots as HOME program match. (26.) Bid #98234--Automobiles, Vans and Light Duty Trucks (Fleet Services) This bid is for the purchase of replacement automobiles, vans and light duty trucks within the City's fleet. The Capital Outlay budget amount for these vehicles is $1,302,000. The low bids are from the following companies: Philpott Ford of Port Neches $852,834 Shamrock Chevrolet of Lubbock 137,018 White Bear Sales, Inc. of Butler, Wisconsin 17,600 Scoggin Dickey Chevrolet-Buick-Geo, Inc. 179,846 Maxwell Ford, Ltd. 91,875 Jones Trailer Company, Inc. 13,475 (27.) Bid #98251--Hot Mix, Annual Pricing (Street Department) This bid is for the purchase of hot mix to be used for repairs on city streets where potholes or base failures have occurred. It will also allow repairs to be made as utility cuts are made. Hot mix will be used throughout the year to protect the investment in our paved streets. The System Maintenance - Street budget amount is $83,300. The low bids are from the following companies: Kerr Construction Company of Lubbock $58,250 Walter Jarnagin Asphalt Company of Lubbock 14,000 (28.) Bid #98252--Asphalt, Annual Pricing (Street Department) This bid is for the purchase of asphalt to be used by in-house crews to perform the annual seal coat operations at various locations throughout the city. Asphalt will be used during the months of May through September to extend the life of our paved streets. Sufficient funds are available within the System Maintenance - Street budget and other departments' operations/capital budgets to cover the City's cost of this item. The low bid is $371,750 from Koch Materials Company of Lubbock, Texas. 433 Regular City Council Meeting December 16, 1998 Page 434 (29.) Bid #98254—Sand, Gravel and Caliche, Annual Pricing (Street Department) This bid is for the purchase of sand, gravel and caliche to be used by the street department crews to perform maintenance on paved and unpaved streets and alleys at various locations throughout the city. These products will be used throughout the year. Sufficient funds are available within the System Maintenance - Street budget and other departments' operations/capital budgets to cover the City's cost of this item. The low bids are from the following companies: RE Janes Gravel Company of Slaton $193,912 Allen Butler Construction, Inc. of Ransom Canyon 10,140 (30.) Resolution No. 6139/Bid #98266--ACM Abatement at J. R. Massengale Plant (Electric Production) RESOLUTION NO. 6139 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 to ACM Abatement at J. R. Massengale Plant, by and between the City of Lubbock and Environmental Reconditioning, Inc. of El Paso, Texas, 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. Passed by City Council this 16th day of December, 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/Attorney 434 Regular City Council Meeting December 16, 1998 Page 435 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 16th day of December, 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 Environmental Reconditioning, Inc., of the City of El Paso, County of El Paso, 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 #98266 - ACM ABATEMENT AT J. R. MASSENGALE PLANT - $79,120.00 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/ Joel Bessinger Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary Kendra West-Verl CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Environmental Reconditioning, Inc. By: /s/ Tad West PRINTED NAME: Tad West TITLE: President COMPLETE ADDRESS: Environmental Reconditioning, Inc. 8630 Boeing, Suite 12 El Paso, Texas 79925 435 Regular City Council Meeting December 16, 1998 Page 436 This project involves the removal of asbestos containing material at the J. R. Massengale Plant in order to provide a safe working environment for employees. The removal of all asbestos from Unit No. 7 and the repair of the remaining insulation are necessary. Some other areas found to be non -repairable will have to be removed. The System Capital Outlay -Plant Asbestos Abatement budget is $110,000. The low bid is $79,120 from Environmental Reconditioning, Inc. of El Paso, Texas. (31.) Bid #98267--Pipe, Valves and Fittings (Water Utilities Engineering) This bid is for pipe, valves and fittings for the water system for the developed portions of the proposed annexation area. The water system is designed to place every structure within the recognized subdivisions within 1000 feet of a fire hydrant. The annexation area includes the following recognized subdivisions: Pine Grove Estates, West 82nd Street Commercial Park, Westview Commercial Area, S&P West 82nd Street Business Park, Westwood, Regency Park Addition, Rancho Verde Estates, Papalote, Papalote South, Lakeview Addition, and other minor subdivisions. It will provide water service for fire protection to the area bounded approximately by 58th Street on the north; one half mile west of Upland Avenue on the west; the existing city limits on the east; 98th Street on the south; and Lakeview Addition on South Indiana Avenue. Materials to be purchased include over 137,800 feet of pipe and more than 300 valves in sizes from six to 16 inches. Approximately 137 fire hydrants will also be purchased. Installation of these water system materials will be bid separately. The installation project will be divided into four phases. Three phases of the project will be bid as public works contracts and the remaining phase will include installation by Water Utilities staff. The Annexation Water System Improvements budget amount for this material is $2,414,950. Low bids are from the following companies: PVC Pipe: Western Industrial Supply Co. of Lubbock $808,295.87 Ductile Iron Valves: KW Sharp, Inc. of Brownfield 151,663.00 Ductile Iron Fittings: Western Industrial Supply Co. of Lubbock 50,744.96 Fire Hydrants: Western Industrial Supply Co. of Lubbock 93,152.40 Warning Tape: Western Industrial Supply Co. of Lubbock 2,432.03 Total All Bid Items $1,106,288.26 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. 436 Regular City Council Meeting December 16, 1998 Page 437 REGULAR AGENDA PUBLIC HEARINGS (32.) Ordinance No. 10126 - Zone Case No. 2406-C (south of 19th and east of Milwaukee): Request of Rodney Warren (for Sonic Drive In) for zoning change from C-3 to C4 limited to a drive-in restaurant and all permitted C-3 uses (originally submitted and advertised as C-4 Specific Use) on Tract A-2 and a portion of A-5, Milwaukee Place Addition. ORDINANCE NO. 10126 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2406-C; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-3 USES, ON TRACT A-2 AND A PORTION OF A-5, MILWAUKEE PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:04 a. in. Ken Howard appeared on behalf of Sonic Drive In. No one appeared in opposition. Mayor Sitton closed the hearing at 11:06 a. in. The proposed use is a Sonic Drive In Restaurant. Adjacent land uses: North - 19th Street, vacant South - vacant East - oil change facility West - convenience store The request was originally submitted as C-4 Specific Use. In discussion with Mr. Warren, the proposal has been amended to C-4 with a condition "Limited to a drive in restaurant and all permitted C-3 uses". The proposal is consistent with both the Comprehensive Land Use Plan and zoning policy. The proposal will have little effect on traffic. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to a drive-in restaurant and all unconditionally permitted C-3 uses. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10126 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. (33.) Ordinance No. 10127 - Zone Case No. 1750-G (66th Street and Loop 289): Request of G. Greenstreet, Inc. (for Alamosa P.C.S.) for zoning change from C-2/A with conditions to C-2 on Tracts A and B, Southwest Haven Addition. 437 Regular City Council Meeting December 16, 1998 Page 438 ORDINANCE NO. 10127 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1750-G; A ZONING CHANGE FROM C-2A WITH CONDITIONS TO C-2 ZONING ON TRACTS A AND B, SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:08 a. in. Bruce McCardle of G. Greenstreet, Inc. appeared on behalf of Alamosa P.C.S. No one appeared in opposition. Mayor Sitton closed the hearing at 11:12 a. in. The property is currently zoned for office use only. The proponent is Alamosa P.C.S., which is proposing offices, a switching facility and a retail showroom on the parcel. The retail sales are the reason for this request. Adjacent land uses: North - R-2 duplex and commercial South - Loop 289 East - commercial West - Loop 289 The proposal, with proper consideration of the residential to the north, is consistent with both Comprehensive Land Use Plan and zoning policy. The site plan indicates a curb return for 66th Street on the far west end, close to the commercial zoning on the north. The Planning and Zoning Commission and City Council can waive a screening fence requirement when it seems to benefit both properties. The building will be screened from 66th Street while the curb cut, landscape area and part of the parking lot on the west end will remain open for better visibility. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Tied to the site plan as presented to the Planning and Zoning Commission. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Nelson, seconded by Councilmember Ince to pass on first reading Ordinance No. 10127 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (34.) Ordinance No. 10128 - Zone Case No. 2832 (north of 82nd Street and east of Avenue U): Request of Hugo Reed and Associates (for Lubbock Land Company) for zoning change from R-1 to R-1 Specific Use on a portion of land out of Section 4, Block E. Regular City Council Meeting December 16, 1998 Page 439 ORDINANCE NO. 10128 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2832; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON A PORTION OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:14 a. m. No one appeared on behalf of Lubbock Land Company. No one appeared in opposition. Mayor Sitton closed the hearing at 11:14 a. m. The proposal is for single family residential with a Specific Use Permit to provide for a twenty -foot front setback and a reduced setback on cul- de-sac lots. The Planning staff may have communicated "garden homes" to several adjacent owners but has since corrected the comments. One of those contacted with correct information was Mr. Esparza. Adjacent land uses: North - single family South - vacant East - vacant West - single family and duplex The proposal is consistent with the Comprehensive Land Use Plan. Regarding zoning policy, the trend in many newer subdivisions is to reduce the front setback to 20 feet and have a larger backyard. The cul- de-sac setback reduction allows the homes to line up along the street. Since there is no line of sight issue on cul-de-sac lots, the reduced setback does not negatively affect the public. The proposal should have little effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. Setback shall be 20 feet along streets. 2. Setback for cul-de-sacs shall be as illustrated on the site plan (five feet), except that front facing garage portions of structures shall not have less than 20 feet of setback. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10128 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (35.) Ordinance No. 10129 - Zone Case No. 1893-V (north of 4th Street between Frankford and Milwaukee): Request of Hugo Reed and Associates (for Campus Park Student Housing) for zoning change from A-1 to A-2 for apartments on a portion of land out of Section 2, Block J-S. 439 Regular City Council Meeting December 16, 1998 Page 440 ORDINANCE NO. 10129 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-V; A ZONING CHANGE FROM A-1 TO A-2 ZONING, FOR APARTMENTS, ON A PORTION OF LAND OUT OF SECTION 2, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:20 a. in. No one appeared on behalf of Campus Park Student Housing. No one appeared in opposition. Mayor Sitton closed the hearing at 11:21 a. in. The proposal is to accommodate three-story construction versus the current limit of two in the A-1 District. Adjacent land uses: North - vacant South - 4th Street, residential East - vacant West - vacant The square mile known as Shadow Hills was zoned as a Planned Unit Development in the 1970's, as was Lakeridge. The market deteriorated before the subdivision got a good start, and the golf course, some residential in the northeast corner, and apartments/commercial in the southeast corner are all that have developed. The parcel proposed for rezoning is now A-1. As noted, the basic need for this request is to allow three story construction versus the two story maximum in A-1. Within the design of the original P.U.D., the proposal meets the intent of the Comprehensive Land Use Plan and zoning policy. The project should have no more effect on the thoroughfare system than anticipated. It is located on 4th Street, which has a T-2 designation. The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10129 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. CIVIC SERVICES (36.) Resolution No. 6140 authorizing the Mayor to execute an amendment to the agreement between the City of Lubbock and Civic Lubbock, Inc. ON Regular City Council Meeting December 16, 1998 Page 441 RESOLUTION NO. 6140 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to an Agreement dated September 24, 1998, between the City of Lubbock, Texas and Civic Lubbock, Inc. 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 16th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Amendment to Agreement is filed with Resolution 6140. Prior to October of 1996, Civic Lubbock, Inc. was responsible for handling functions such as the Walk of Fame and Terrace Inductions, the local grant program, and the sponsorship and co-sponsorship of national touring shows. Funds from the operation of concessions were used to cover the cost of these functions. In October of 1996, Civic Lubbock, Inc. was restructured and these functions were transferred to METTS, Inc. In addition, the food and soft drink concession operations for the Civic Center and Auditorium -Coliseum were transferred to the City, and the amount of $70,000 per year was paid to METTS, Inc. by the City from the concession profits to fund the Walk of Fame/Terrace Inductions, local grant program and national touring show sponsorships. These funds were set up in a METTS Special Events Fund and administered by Civic Center staff, with Board approval. In September, Council passed a resolution amending the agreement between the City of Lubbock and Civic Lubbock, Inc. and transferred the food and soft drink concession back to the Civic Lubbock, Inc. operation. Also in September of 1998, the METTS, Inc. corporation was dissolved. To continue to have a vehicle to handle the Walk of Fame/Terrace Inductions, local grant program and national touring show sponsorships, it is staff's recommendation that these functions be transferred back to Civic Lubbock, Inc. and that the remaining funds that had been given to METTS, Inc. to handle these functions be transferred to Civic Lubbock, Inc. as well. The amount of the remaining funds is 441 Regular City Council Meeting December 16, 1998 Page 442 $70,009.86. This would be a one time lump sum transfer and Civic Lubbock, Inc. would then be responsible for funding these functions with the profits from their concession operation and/or any profits generated from the sponsorships of the national touring shows they may present. This would have been brought before Council in October, however it was necessary to wait for two CD's to mature in November so that penalties would not be assessed. Paragraph #8 of the current agreement between the City of Lubbock and Civic Lubbock, Inc. has been amended to reflect the transfer of these functions back to Civic Lubbock, Inc. and to allow for the one time lump sum transfer of the funds remaining from the METTS, Inc. Special Events Fund. A copy of the amendment was included in Council's backup information. With the dissolution of METTS, Inc., staff is proposing that the agreement between the City of Lubbock and Civic Lubbock, Inc. be amended to transfer certain functions such as the Walk of Fame/Terrace Inductions, local grant program and national touring show sponsorships back to Civic Lubbock, Inc. Civic Lubbock, Inc. had handled these functions prior to their restructuring in 1996 whereby these functions were transferred to METTS, Inc. In addition, the amendment proposes that the remaining funds in the amount of $70,009.86 from the METTS, Inc. Special Events Fund be transferred to Civic Lubbock, Inc. in a one- time lump sum payment to allow Civic Lubbock, Inc. to handle these functions. Civic Lubbock, Inc. will then be responsible for the cost of these functions in the future from the profits generated from their operation. Staff recommended approval of the proposed amendment. Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6140 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. (37.) Ordinance No. 10130 amending Article X of Chapter 2 of the Lubbock Code of Ordinances; amending Articles I and III and adding an Article IV to Chapter 19 of the Lubbock Code of Ordinances entitled "City Thoroughfare Beautification Ordinance," which defines street trees and park trees; authority over the planting, maintenance and removal of said plant material is relegated to the Parks and Recreation Manager. Regular City Council Meeting December 16, 1998 Page 443 ORDINANCE NO. 10130 AN ORDINANCE AMENDING ARTICLE X OF CHAPTER 2 OF THE LUBBOCK CODE OF ORDINANCES; AMENDING ARTICLES I AND III AND ADDING AN ARTICLE IV TO CHAPTER 19 OF THE LUBBOCK CODE OF ORDINANCES ENTITLED "CITY THOROUGHFARE BEAUTIFICATION ORDINANCE" WHICH DEFINES STREET TREES AND PARK TREES; RELEGATES AUTHORITY OVER THE PLANTING, MAINTENANCE AND REMOVAL OF SAID PLANT MATERIAL TO THE PARKS AND RECREATION MANAGER; SPECIFIES RECOMMENDED AND PROHIBITED SPECIES OF STREET TREES TO BE PLANTED, THE DISTANCES AT WHICH THEY ARE TO BE PLANTED FROM EACH OTHER AND CONSTRUCTED ELEMENTS IN THE LANDSCAPE; PROVIDES FOR REVIEW AND IMPOSING A PENALTY FOR ALL ACTS IN VIOLATION OF THE ORDINANCE AS A MISDEMEANOR; PROVIDES A SAVINGS CLAUSE AND PROVIDES FOR PUBLICATION. There are numerous driving forces calling for this ordinance. First, the "Goals for Lubbock, A Vision into the 21st Century", identifies several areas that are addressed by the proposed thoroughfare beautification ordinance. Among them are making the transportation corridors throughout the City more visually appealing, enhancing the image of Lubbock, encouraging business and homeowners to take greater pride in maintaining properties, including improved landscape maintenance, and providing safety for public lands. These goals can be found in the following sections: Economic Development; Land Use and Urban Design; Neighborhood and Citizen Involvement; Recreation, Parks, Entertainment, Cultural Affairs; and Transportation. Second, the recently approved Parks, Recreation and Open Spaces Master Plan recommended that the City pursue four different ordinances to provide a legal framework for the implementation of the Master Plan. Among these recommended ordinances are a tree preservation ordinance and a landscape ordinance. While the proposed ordinance is neither a landscape ordinance nor a preservation ordinance, it is a good first step towards a basic civic commitment to proper tree planting, care and maintenance. Third, the City of Lubbock, over the past several years, has applied for awards such as Tree City USA as well as Urban Forestry grants. Both the awards and grants have been denied, in part, because the City lacks an ordinance that states who is responsible for the community forestry plan and that determines public tree care policies. The Tree City USA application is the main reason for the timing of the ordinance. If passed, the proposal satisfies one of four requirements for becoming a Tree City USA recipient. The proposal, which amends chapters 2 and 19 of the City of Lubbock Code, defines "Street Trees" and "Park Trees" and gives authority over both to the Parks and Recreation Manager. The focus of the ordinance is Street Trees along major thoroughfares. Like the sign ordinance, the _ intent is to improve the visual image of the city. The ordinance only regulates the species of trees that may be planted within the public right-of-way along major thoroughfares. To prevent damage to the public infrastructure and reduce sight barriers, no trees will be planted closer together in the public right-of-way than the following: Small Trees, 20 feet; Medium Trees, 30 feet; and Large MW Regular City Council Meeting December 16, 1998 Page 444 Trees, 40 feet (see Exhibit I below for the tree classifications). Any exception to the spacing requirements of Street Trees must be reviewed and approved by the Parks and Recreation Manager. The proposed ordinance also states that no Street Trees may be planted closer to any curb or sidewalk than the following: Small Trees, two feet; Medium Trees, three feet; and Large Trees, four feet. No Street Tree shall be planted any closer than 35 feet to any street corner nor any closer than ten feet to any fireplug. Furthermore, only Small Trees, as defined above, may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground utility line. The proposed ordinance provides for a fine not to exceed $200 for any person violating any provision of the ordinance. Adoption of such an ordinance will assist staff in obtaining Urban Forestry grants and awards like Tree City USA. The ordinance will complement other initiatives, such as a park evaluation system, that the Parks and Recreation Department set in motion to implement the Master Plan. The ordinance also addresses "Goals for Lubbock, A Vision into the 21st Century" such as making the main corridors more visually appealing. The proposed ordinance was presented to and endorsed by Keep Lubbock Beautiful and the Parks Board. The intent is to be flexible while providing guidelines that will establish the most suitable environment for trees along Lubbock's thoroughfares, protect the investment in the City's infrastructure, and ensure public safety. The ordinance only regulates the species of trees that may be planted within the public right-of-way along major thoroughfares. The ordinance illustrates the City Council's commitment to improving the quality of life and the overall inviting appearance of the City of Lubbock. With this in mind, staff recommended approval of the proposed ordinance. EXHIBIT I: Tree Classifications: The tree sizes and recommended species are defined as: Small Trees: Those trees which normally reach heights not exceeding 20 feet at maturity, such as: Crabapple, Golden Rain Tree, Hawthorne (Sp.), Ornamental Pear, Redbud, Soapberry, Crape Myrtle, Japanese Lilac, Desert Willow, Possumhaw Holly, Yaupon Holly, Mesquite, Mexican Plum, Pinyon Pine. Medium Trees: Those trees which normally reach heights of 20 to 50 feet at maturity, such as: Eldarica Pine, Austrian Pine, Cedar Elm, Bald Cypress, Live Oak, Honey Locust, Pistachio, Ketleeri Juniper, Russian Olive. _ Large Trees: Those trees which normally reach heights of 50 feet and above at maturity, such as: Pecan, Bur Oak, Red Oak, Deodar Cedar, Sweetgum, Lacebark Elm. M Regular City Council Meeting December 16, 1998 Page 445 Prohibited Trees: May not be planted as Street Trees within the City of Lubbock and include the following: Mimosa, Hackberry, Ash, Fruitless Mulberry, Sycamore, Cottonwood, Willow, American Elm, Siberian Elm, Maple, Magnolia, Tree of Heaven, Poplar. Conifers, Evergreens and Pines are also prohibited unless they are pruned to a clearance of six feet from the adjacent walk and curb at installation. Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10130 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Resolution No. 6141 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and the County of Lincoln, Colorado. RESOLUTION NO. 6141 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 Lincoln County, Colorado. 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 16th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services 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. 6141. The City of Lubbock is working on completing a trade corridor coalition along the Ports -to -Plains route. All cities and counties along I-27 have joined this coalition and now others north of Amarillo are joining in the effort to improve transportation along this corridor. 445 Regular City Council Meeting December 16, 1998 Page 446 The County of Lincoln, Colorado brings the total of cities and counties to 15. There are over ten other communities that will consider joining the coalition's efforts. These agreements will be presented to the City Council in a future Council meeting. By entering into this agreement with the City of Lubbock, Lincoln County has agreed to pay their proportional share to the Ports -to -Plains initiative. These funds will be utilized to further the corridor's efforts. The City of Lubbock, on behalf of the Ports -to -Plains coalition, is currently working with the Texas Department of Transportation to secure federal corridor and border crossing funds. These funds were made available as a result of the new re -authorization of ISTEA now known as Transportation Equity Act for the 21st Century or TEA 21. Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and the County of Lincoln, Colorado. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass Resolution No. 6141 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. WATER UTILITIES (39.) Ordinance No. 10131 - An addition to the Pro Rata Ordinance establishing a program to waive pro rata charges in certain instances where there is a potential threat to the health of the public. ORDINANCE NO. 10131 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WAIVING PRO RATA CHARGES FOR CERTAIN CASES OF IMMINENT THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; PROVIDING A SAVINGS CLAUSE; AND PROVIDING PUBLICATION. Environmental Inspection Services (EIS) has recognized that there are homeowners within the City of Lubbock who are not connected to the municipal sanitary sewer system and have septic systems that have failed. This situation represents a potential threat to the health, safety and welfare of the homeowners and the public. EIS also recognizes that there are some instances where the homeowner cannot afford to pay the pro rata charges to connect to the City sanitary sewer system. The Water Utilities Department (WUD) recognizes this is a concern but also recognizes that collection of pro rata charges is necessary to operate a financially viable utility. However, the WUD expects the occurrence of these situations to be infrequent so that it will not have a significant negative impact on the pro rata fund. The EIS expects less than ten instances per year that equates to a loss of pro rata revenue of about $10,200. Therefore, staff has developed a program where EIS identifies a potential health and safety threat, the Community Development Department (CD) establishes that the homeowner meets low-income guidelines as established in the Emergency Repair Handbook, and the WUD waives Regular City Council Meeting December 16, 1998 Page 447 the pro rata charges. The waiver is a one time only exemption and will require requalification if requested again. The exemption is also nontransferable. Terry Ellerbrook, Managing Director of Water Utilities, presented staff comments. Staff recommended establishment of the program. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10131 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS (40.) Resolution No. 6142 of the City Council of the City of Lubbock, Texas to exercise its option to rescind Resolution No. 3259 to tax property otherwise exempted from taxation under Section 11.251 of the Tax Code and Articles, Sec. 1 j, Texas Constitution. RESOLUTION NO. 6142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, TO EXERCISE ITS OPTION TO RESCIND RESOLUTION NO. 3259 TO TAX PROPERTY OTHERWISE EXEMPTED FROM TAXATION UNDER SECTION 11.251 OF THE TAX CODE AND ARTICLE 8, SEC. 1 j, TEXAS CONSTITUTION. WHEREAS, Article 8, Sec. 1 j, Subsection (a), of the Texas Constitution and Section 11.25 of the Tax Code permitted the City of Lubbock to choose to tax certain tangible property referred to as "freeport goods" that would otherwise have been tax exempt; and WHEREAS, the City Council of the City of Lubbock enacted Resolution No. 3259 on December 7, 1989, making such "freeport goods" subject to taxation; and WHEREAS, the City Council of the City of Lubbock now desires to rescind said Resolution No. 3259 as permitted by Article 8, Sec. 1 j, Subsection (b) of the Constitution so as to permit such "freeport goods" to be tax exempt; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Resolution No. 3259 enacted on December 7, 1989, is hereby rescinded and shall be of no further effect and that tangible personal property described in Article 8, Sec. 1 j, Subsection (a), of the Texas Constitution and Section 11.251 of the Tax Code as "freeport goods" shall hereafter be exempted from taxation. Regular City Council Meeting December 16, 1998 Page 448 Passed by City Council this 16th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison for Economic Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In order to better promote economic development in the City of Lubbock, the Board of Market Lubbock, Inc. requested that the City Council rescind the resolution passed in December 1989 electing to collect inventory tax on freeport goods. Freeport is on tangible personal property transported outside the State not later than 175 days after the date of acquisition or importation. Freeport goods, by definition, include goods, wares, merchandise, ores, and certain aircraft and aircraft parts as defined under Article VIII, Section 1 j of the Texas Constitution. - Freeport is an important economic development tool for Market Lubbock's target industries of warehouse and distribution operations. This. exemption will enhance the ability of Lubbock to attract warehouse and distribution facilities by offering a special property tax exemption for the goods they typically handle. Freeport will also be beneficial to the City of Lubbock's existing businesses due to the exemption reverting immediately to the businesses' "bottom line." Market Lubbock, Inc. recommended that the revenue lost through the freeport exemption (potentially $820,000) be replaced from the Community Investment Fund approved by City Council during the FY 1998-99 budget process. Rescinding the resolution electing to collect freeport tax will greatly enhance the ability of our existing businesses to prosper and grow and will facilitate the recruitment of new business to the City of Lubbock. Staff recommended approval of the resolution to rescind Resolution No. 3259. David Sharp, Chair of Market Lubbock, Inc., presented comments. Motion was made by Councilmember Ince to continue this item until the second Council meeting in January. Motion died for lack of a second. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 6142 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Ince voted Nay. up Regular City Council Meeting December 16, 1998 Page 449 11:43 A. M. COUNCIL RECESSED TO EXECUTIVE SESSION 12:30 P. M. COUNCIL RECONVENED 12:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 4 Yeas, 0 Nays. Mayor Sitton and Councilmembers McDougal, Nelson, and Patterson were present when Council adjourned. r WINDY SIUON, MAYOR ATTEST: / A I- I j lbwv� Kay i Darnell, City Secretary Read and approved this 111k day of ATT ST: K ythie arnell, City Secretary 449