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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/28/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 28, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of October, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, and Councilmember T. J. Patterson Councilmember T. J. Patterson convened the meeting. CITIZEN COMMENTS No citizens appeared to express comments to the Council. EXECUTIVE SESSION Councilmember Patterson 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 (Community Development; Environmental Inspection; Parks and Recreation; Police Department; Stormwater Utility); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and Deliberation Regarding Security Devices. 7:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members 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 (Community Development; Environmental Inspection; Parks and Recreation; Police Department; Stormwater Utility). ( 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 _ Citizens Traffic Commission Community Development and Services Board Community Relations Commission Complete Count Committee Board of Electrical Examiners Libraries Board Neighborhood Redevelopment Commission Planning and Zoning Commission Structural Standards Commission City Council Meeting October 28, 1999 Page 328 (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076: Deliberation Regarding Security Devices. 9:38 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present. ( 5.) Update on Police recruiting efforts by Corporal Bill Carter. Council asked for updated information on Police Department recruiting efforts. Corporal Bill Carter has been assigned the task of recruiting police applicants. Cpl. Carter has made presentations in San Antonio, El Paso, Austin, and Houston. Working with Senator Duncan, staff was able to pass legislation allowing the City to administer the entrance exam in multiple sites. Cpl. Carter advised Council on the results of these efforts. ( 6.) Discussion of timing of approved bond projects by Debra Forte, First Assistant City Manager, and Jim Bertram, Director of Strategic Planning. Staff had previously provided schedules (included in agenda backup) to the Council, which outline our staff suggested sequencing of the recently approved bond projects and was prepared to go over these with Council. 10:14 A. M. WORK SESSION RECESSED 10:32 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 Pro Tem Max Ince called the meeting to order at 10:32 A. M. ( 7.) Father Jim O'Connor, Our Lady of Guadalupe Catholic Church, 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: Jacquelyn Porch (unable to attend) Reese Redevelopment Authority Board of Directors Receiving: Delbert McDougal (unable to attend) Tom Nichols (unable to attend) CITIZEN APPEARANCES ( 9.) Presentation of a special recognition to the Carrizo/Comecrudo Nation of Texas for their contributions and place in Texas and Lubbock history. 328 City Council Meeting October 28, 1999 Page 329 This officially recognized indigenous national tribe has lived and worked in the South Plains and other areas of Texas as a nomadic nation since before the days of Columbus. They participated on the side of those who fought for Texas independence from Mexico. The descendents of those families now reside in the Lubbock area and the South Plains. Before Federal recognition in 1998, this tribe was close to losing its culture and heritage. Now, with a formal political structure, a new pride exists in reviving the traditional culture of the people in a new information - orientated society. Never before has this group received any kind of recognition for its contribution to the betterment of this area or for their help in fighting Mexico for Texas independence. Juan Mancias, Tribal Chair of the Carrizo/Comecrudo Nation of Texas, was present to accept the award, along with his mother, Reyes. This item was placed on the agenda at the request of Councilmember Hernandez. This special recognition honoring the Carrizo/Comecrudo tribe was presented by Mayor Sitton and Councilmember Hernandez. (10.) Presentation of a proclamation declaring Thursday, October 28, 1999 as "Disability Mentoring Day," as part of the national effort for awareness of October as "Disability Employment Awareness Month." This state and nationally sponsored day is being made part of the month- long campaign to increase the awareness that those with disabilities exist in the work place and contribute to society. The specific theme is Career Development for the 215` Century. Through a mentoring program on this day, it is hoped that a new awareness can be achieved for those who are disabled and work in the labor force. Bonner Bennett, a member of the Community Relations Commission, was present to accept the award. Other members of the commission and leaders in the advocacy of the disabled community who were present and recognized were Rick Van Hersh, Nathan Cowart, Larry Gardner, Julie Honeycutt, Diane Soucy, Neville Davidson, Shirley Wilkins, Cindy Finley, Judy Jackson, Margaret Little, Sonia Quintero, and Sheryl Young, who presented a short speech on behalf of the disabled community, and the staff of the LIFE Independent Living Center. A proclamation was presented designating Thursday, October 28, 1999 as "Disability Mentoring Day." (11.) Presentation of Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the 1998-99 City of Lubbock budget. The Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award is the one of the highest forms of recognition by the organization. The award reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting. In order to receive the budget award, the City of Lubbock had to satisfy nationally recognized guidelines for effective budget presentation. Budget documents must be rated "proficient" in all four of the following categories to receive the award: 329 City Council Meeting October 28, 1999 Page 330 ♦ A policy document; ♦ A financial plan; ♦ An operations guide; and ♦ A communication device. The award is valid for a period of one year and must be applied for during each fiscal year. The City of Lubbock budget document was one of 766 awards given out nationwide. With receipt of this award, it will be the fourteenth year the City of Lubbock Budget and Research Department has received this award. Diana Ortiz, Director of Fiscal Operations of the City of Denton, presented this award to Mayor Sitton. Mayor Sitton accepted on behalf of the City and requested that Anna Mosqueda, Director of Facilities Management, also come forward and accept the award. Anna recognized the Budget staff: Leslie Cox, Melissa Trevino, Irma Martinez, and Randy Brown, who came forward, and Eric Anderson and Jared Miller, who were unable to attend. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Landfill. The grand opening of the Lubbock Landfill, now called the West Texas Region Disposal Facility will be November 10, 1999. You'll get to see the Mayor ankle-deep out in that huge disposal area, kicking the use of that area off, and it will be something that we certainly should be proud of. It will provide solid waste disposal services to the citizens of Lubbock and the surrounding area with a disposal capacity for the next 100 years. The site is in northern Lubbock County, west of Abernathy, consists of 1,237 acres and is the largest permitted landfill in the State of Texas. With the latest in protective liner technology, I am sure you will agree that Lubbock is, once again, well -prepared for an economical and environmentally safe solid disposal landfill well into the next millennium. No. 9 is Urban Forestry Award. The Texas Forest Service and Texas Urban Forestry Council has awarded the City of Lubbock Parks and Recreation Department the Community Forest Award of Excellence --I see Corbin Pemberton out there, the head of that department --that award is for the year of 1999. Our Parks and Recreation Department manages some 3,200 acres of park land in and around Lubbock. This award cited a great work of our department and the willingness of citizens and other community groups to help the Parks and Recreation Department plant and maintain a growing urban forest in our city. No. 8 is Budget Award. As you just saw, the Government Finance Officers Association has once again awarded the City of Lubbock their Distinguished Budget Presentation Award for Lubbock's 1998-99 budget document. This reflects the continued commitment of the City of Lubbock staff in meeting the highest principals of governmental budgeting. This is the 14th year the City of Lubbock has received this award. 330 City Council Meeting October 28, 1999 Page 331 No. 7 is Big XII Football. Texas Tech University takes its south division leading record of 3 and 1 in conference play to Columbia, Missouri this weekend to take on the Missouri Tigers. The Big XII Conference is one of the four major football conferences in the United States. The Conference guarantees its members six post -season bowl births and a television contract in excess of $100 million. Lubbock, as the home city of Texas Tech University, is not only the beneficiary of outstanding sports entertainment, but receives a multimillion dollar economic boost every football season. We wish the Red Raiders luck this weekend in Columbia, Missouri and every Saturday throughout the football season. No. 6 is Oasis. Because of the Ogallala underground water aquifer the Lubbock and High Plains Region provides ample irrigation water for agricultural production in this otherwise semi -arid climate. The irrigated acreage surrounding Lubbock reaches over one-half of the estimated $10 billion agricultural crop yield annually. No. 5 is Comprehensive Land Use Plan. The well -organized city land use plan established in 1943 gave birth to the Comprehensive Land Use Plan prepared by our City Planning Department and adopted by the City Council in 1975. It was then amended significantly in 1985. This current plan provides an organized, yet flexible, model for the optimum and most beneficial use of the land mass within the City as well as growth models for 30 to 50 years in the future. Congratulations on a continually evolving job well done, Planning Department! No. 4 is Kid -Friendly City. A Washington, D. C. group recently ranked Lubbock 33rd out of 112 cities our size in the United States as a great place to raise kids. The ranking was based on population, health, education, public safety, economy, environment and mobility. Our overall grade of a "B" was a higher grade than Austin, Amarillo, San Antonio, El Paso, Beaumont, Corpus Christi and several other Texas cities. Local child educators say Lubbock received a high grade because our city is considered safe, there are increasing cultural opportunities, low pollution, excellent medical care and lots of parent -child activities. Lubbock is a very "family -friendly" city. No. 3 is YWCA Recognition. Lubbock's YWCA recently received recognition by the National Organization on Disability as the best nationwide for its services to the disabled. Our YWCA is an innovator in programs for disabled persons of all ages. The Challenger Program, headed by Shirley Stevens, mixes recreational with social and pre -employment skills to help disabled adults lead more independent lives. Other programs for the disabled at our YWCA include: After -school care for disabled children; Summer camps for autistic and other special needs children; Adapted aquatics for disabled persons of all ages; A Special Olympics team; Arthritis therapy swim program; and A computer lab with adaptive hardware. Keep up the good work, Betty Wheeler, and all of your staff at the YWCA! No. 2 is Enology. What is Enology, you ask? Enology is the science of wine, which deals with preparation and preservation of wine and its elements by the application of the rules of chemistry. The Texas High 331 City Council Meeting October 28, 1999 Page 332 Plains Area just completed its fall harvest of the numerous varietal grapes grown in this area. The three award -winning wineries in Lubbock --in alphabetical order, Cap*Rock, Llano Estacado and Pheasant Ridge --produced and harvested some 1,730 tons of grapes, which will yield 122,500 cases of wine this bottling season, making the Lubbock area the producer of approximately 40% of the wine grape juice for the entire State of Texas. Our annual Grape Day celebration will be held in November, which gives recognition to the burgeoning wine industry in Lubbock and the Texas Hi Plains. Lubbock truly is the Wine Capital of Texas. No. 1 is Sold Out Hockey. The Lubbock Cotton Kings, Lubbock's professional hockey league franchise in the Western Professional Hockey League, christened its inaugural season on October 14 with a sold -out crowd of 7,209 people in the Lubbock Municipal Coliseum, newly remodeled, I might add. Of course the team emerged victorious with a 10 to 2 win over our rivals to the north, the Amarillo Rattlers, thus winning the first I-27 Mayors' Cup. Our own mayor, Windy Sitton, won the initial face-off against Amarillo's mayor, which was a foreshadowing of the outcome of the game. The Cotton Kings are leading the western division of the WPHL with a record of four wins and two losses and are coached by former NHL veteran Alan May. Their general manager is Mark Adams, and the franchise is owned primarily by individuals in and around the Lubbock and West Texas area. The Cotton Kings sponsor a youth hockey league, an adult hockey league, as well as figure skating opportunities for the public at large. Let's get behind Lubbock's Cotton Kings and support this future championship team of the Western Professional Hockey League! CONSENT AGENDA (Items No. 12 - 30, 32) 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. (12.) Approval of the minutes of the Regular City Council Meeting of October 14, 1999. (13.) Ordinance No. 10206 amending Chapter 5 of the Code of Ordinances of the City of Lubbock by amending the language of subsection 5-11 so as to permit the performance of aerobatics over the City of Lubbock, subject to restrictions (second and final reading). ORDINANCE NO. 10206 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SUBSECTION 5-11 SO AS TO PERMIT THE PERFORMANCE OF AEROBATICS OVER THE CITY OF LUBBOCK SUBJECT TO RESTRICTIONS, PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. 332 City Council Meeting October 28, 1999 Page 333 (14.) Ordinance No. 10207 abandoning and closing two five-foot Lubbock Power & Light underground utility easements located on Lot 540 and Lot 541, Lakeridge Country Club Estates, an addition to the City of Lubbock (4602 96th) (second and final reading). ORDINANCE NO. 10207 AN ORDINANCE ABANDONING AND CLOSING TWO FIVE (5) FOOT LP&L UNDERGROUND UTILITY EASEMENTS LOCATED IN LOT 540A, LAKERIDGE COUNTRY CLUB ESTATES, AN 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. (15.) Ordinance No. 10208 amending Chapter 6 of the Code of Ordinances of the City of Lubbock, Texas with regard to establishing a cross - connection control program utilizing backflow prevention devices (second and final reading). ORDINANCE NO. 10208 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING NEW SECTIONS 6-85.8, 6-85.8.1, 6-85.8.2, AND 6-85.8.3 WITH REGARD TO AMENDMENT OF THE 1997 INTERNATIONAL PLUMBING CODE IN ORDER TO MEET LOCAL CONDITIONS RELATING TO BACKFLOW PREVENTION; PROVIDING A PENALTY CLAUSE; A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Resolution No. 6571 authorizing the Mayor to execute an oil division order with Navajo Crude Oil Marketing Company for the sale of crude oil in Sections 12 and 13, Block A, Lubbock County, Texas (north of Loop 289, west of University Avenue). RESOLUTION NO. 6571 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 Oil Division Order, regarding Navajo property number 02243, Section 12 and 13, Block A, T.T. RR Co. Survey, by and between the City of Lubbock and Navajo Crude Oil Marketing Company, and any other related documents. Said Oil Division Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 333 City Council Meeting October 28, 1999 Page 334 Passed by City Council this 28th day of October, 1999. /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/ Richard Casner Richard K. Casner, Natural Resources Attorney A copy of the Oil Division Order is filed with Resolution No. 6571. In 1984, the City leased out their property in Sections 12 and 13, Block A (Burl Huffman Park Area) for oil exploration. Oil wells were drilled and production began. Since 1984, the purchaser of crude oil from these wells has changed several times, and the most recent is Amoco. Amoco has now sold their interest to Navajo Crude Oil Marketing Company of Artesia, New Mexico, and this division order will confirm this transfer. The Right -of -Way Department recommended the approval of this division order. (17.) Resolution No. 6572 authorizing the Mayor to execute a memorandum of agreement and a deed for the sale of a 49,236 square foot tract of land out of Tract A, Entrada Del Norte Subdivision of Block 8 and Block 24, Original Town Addition, to the Texas Department of Transportation (TxDOT) for the East-West Freeway (909 4th Street). RESOLUTION NO. 6572 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 49,236 square feet, more or less, of land out of Tract "A", Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty -Four (24), Original Town Addition, to the City of Lubbock, as recorded by Dedication Deed in Volume 1429, Page 278 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. 334 City Council Meeting October 28, 1999 Page 335 Passed by City Council this 28th day of October, 1999. /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 Memorandum of Agreement and Deed is filed with Resolution No. 6572. 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 a portion of Tract A, Entrada Del Norte Addition, which is south of 4th Street and west of Texas Avenue. In December of 1997, the City sold the north 21,871 square feet of Tract A to TxDOT. They have since come back to the City and desire to buy the remainder of the property for the freeway project. The offer from the State for this 49,236 square foot tract is $73,850, or $1.50 per square foot, according to the appraisal written by the State's appraiser, Tommy Cantrell. The City's 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. (18.) Resolutions No. 6573, No. 6574, No. 6575, No. 6576, No. 6577, No. 6578, No. 6579, No. 6580, and No. 6581 authorizing the Right - of -Way Department to make offers to fourteen property owners for nine parcels of right-of-way and two drainage easements for the East-West Freeway railroad relocation (west of FM 179 and south of Ursuline Street; west of FM 179 and south of Kent Street; east of FM 179, west of North Milwaukee Avenue, and north of Kent Street; south of Clovis Highway and east of Frankford Avenue). 335 City Council Meeting October 28, 1999 Page 336 RESOLUTION NO. 6573 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel 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 IRR-33 Gregory A. Noyola $1,131.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being Gregory A. Noyola BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,131.00 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. 336 City Council Meeting October 28, 1999 Page 337 Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6573. RESOLUTION NO. 6574 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel 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 IRR-35 Hilton Foerster and wife, $123,500 Anna Belle Foerster SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. 337 City Council Meeting October 28, 1999 Page 338 SECTION 4. THAT the owners of the above -described parcel of land being Hilton Foerster and wife, Anna Belle Foerster BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 123,500 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6574. RESOLUTION NO. 6575 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel 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 IRR-37 Western Commercial, Ltd. $ 40,000 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. 338 City Council Meeting October 28, 1999 Page 339 SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being Western Commercial, Ltd. BE offered through the Right -of -Way Department of the City of Lubbock the amount of $40,000 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6575. RESOLUTION NO. 6576 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate and permanent drainage easement to 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 1RR 38 & 38E Martha Virginia Ferris Sands $27,900 339 City Council Meeting October 28, 1999 Page 340 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcels of land being Martha Virginia Ferris Sands BE offered through the Right -of -Way Department of the City of Lubbock the amount of $27,900 indicated for these parcels, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate and permanent drainage easement 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate and the drainage easement to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6576. RESOLUTION NO. 6577 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate and permanent drainage easement to 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: 340 City Council Meeting October 28, 1999 Page 341 PARCEL NO. OWNER'S NAME AMOUNT 1RR 39 & 39E James T. McMenamy and $54,700 spouse, Alice McMenamy SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcels of land being James T. McMenamy and spouse, Alice McMenamy BE offered through the Right -of - Way Department of the City of Lubbock the amount of $54,700 indicated for these parcels, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate and permanent drainage easement 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate and the drainage easement to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6577. RESOLUTION NO. 6578 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 341 City Council Meeting October 28, 1999 Page 342 SECTION 1. THAT the fee simple title of the surface estate to the following described parcel 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 IRR-40 Jewell Stanton, Individually and as Trustee of $78,000 the M. T. Stanton Trust, created under the last will and testament of M. T. Stanton, deceased, and Jay H. Stanton and wife, Pat Stanton SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being Jewell Stanton, Individually and as Trustee of the M. T. Stanton Trust, created under the last will and testament of M. T. Stanton, deceased, and Jay H. Stanton and wife, Pat Stanton BE offered through the Right -of -Way Department of the City of Lubbock the amount of $78,000 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6578. 342 City Council Meeting October 28, 1999 Page 343 RESOLUTION NO. 6579 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel 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 IRR-41 Martha Virginia Ferris Sands $ 68,500 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being Martha Virginia Ferris Sands BE offered through the Right -of -Way Department of the City of Lubbock the amount of $ 68,500 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. 343 City Council Meeting October 28, 1999 Page 344 Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6579. RESOLUTION NO. 6580 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel 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 IRR-42 Harold L. Hardesty and spouse, $ 59, 800 Shirle Hardesty; and Bettye Raynes Hardesty SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being Harold L. Hardesty and spouse, Shirle Hardesty; and Bettye Raynes Hardesty BE offered through the Right -of -Way Department of the City of Lubbock the amount of $59,800 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, 344 City Council Meeting October 28, 1999 Page 345 and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6580. RESOLUTION NO. 6581 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel 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 IRR-55 W. K. Bigham and sons, $2,400.00 a partnership SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. 345 City Council Meeting October 28, 1999 Page 346 SECTION 4. THAT the owner of the above -described parcel of land being W. K. Bigham and sons, a partnership BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,400.00 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 28th day of October, 1999. /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 Exhibit "A" is filed with Resolution No. 6581. These nine parcels of right-of-way and two drainage easements are needed for the railroad route around West Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 1 RR33 - Gregory A. Noyola; 1RR35 - Hilton Foerster and wife, Anna Belle Foerster; 1RR37 - Western Commercial, LTD.; 1RR38, 1RR38(E), and 1RR41 - Martha Virginia Ferris Sands; 1RR39 and 1RR39(E) - James T. McMenamy and wife, Alice McMenamy; 1RR40 - Jewell Stanton, Jay Stanton and wife, Pat Stanton; 1RR42 - Harold L. Hardesty and wife, Shirle Hardesty, and Bettye Raynes Hardesty; and 1RR55 - W. K. Bigham and Sons, a partnership. Merle Blosser appraised parcel 1RR33, Tommy Cantrell appraised parcel 1RR55, and Jim Bowman appraised all the other parcels. All 346 City Council Meeting October 28, 1999 Page 347 parcels were acreage farm tracts. Parcel 1RR33 is located west of FM 179 and south of Ursuline Street and contains 0.006 acres. This parcel was appraised for an offer of $1,131, $100 for the land and $1,031.00 for damages. Parcel 1RR35 is located west of FM 179 and south of Kent Street and contains 6.05 acres. This parcel was appraised for a total offer of $123,500, $6,117 for the fee simple taking and $117,383 for damages. The remaining parcels, 1RR37, 1RR38, 1RR38(E), 1RR39, 1RR39(E), 1RR40, 1RR41, and 1RR42 are east of FM 179, west of North Milwaukee Avenue, and north of Kent Street, except for parcel 1RR55 which is east of Frankford Avenue and south of the Clovis Highway. Parcel 1RR37 contains 2.94 acres and was appraised for a total offer of $40,000, $3,019 for the fee simple taking and $36,981 for damages. Parcel 1RR38 is a 3.03 acre taking and 1RR38(E) is a drainage easement which contains 1.36 acres. These two parcels were appraised for a total offer of $27,900, $2,106 for the fee simple taking, $850 for the drainage easement, and $24,944 for damages. Parcel 1RR39 is a 6.15-acre taking and 1RR39(E) is a drainage easement, which contains 0.62 acres. These two parcels were appraised for a total offer of $54,700, $7,392 for the fee simple taking, $671 for the drainage easement, and $46,637 for damages. Parcel 1RR40 contains 6.14 acres and was appraised for a total offer of $78,000, $7,055 for the fee simple taking, and $70,945 for damages. Parcel 1RR41 contains 6.03 acres and was appraised for a total offer of $68,500, $6,332 for the fee simple taking, and $62,168 for damages. Parcel 1RR42 contains 6.62 acres and was appraised for a total offer of $59,800, $7,514 for the fee simple taking, and $52,286 for damages. Parcel 1RR55 contains .02 acres and was appraised for a total offer of $2,400, $140 for the fee simple taking, and $2,160 for damages. _ These resolutions asked for approval of these offers to the property owners for these parcels. These resolutions authorize the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these properties. The Right -of -Way Department recommended the approval of our offers to these property owners. (19.) Resolution No. 6582 accepting thoroughfare street maintenance improvements constructed by Ronald Wagner Construction Company, Inc. under the 1999 Thoroughfare Street Maintenance Program. RESOLUTION NO. 6582 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract March 11, 1999, authorizing the construction of thoroughfare street maintenance improvements by Ronald Wagner Construction Company, Inc. on City streets; and WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 347 City Council Meeting October 28, 1999 Page 348 SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $47,223.72. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by City Council this 28th day of October, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings Street Department Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 1999 Thoroughfare Street Maintenance Program List of Streets Improved Street From To East 42nd Street Avenue A Locust Avenue East 46`h Street Avenue A end of paving E of Locust Martin L King Boulevard East 31" Street East 36d' Street Avenue L 19' Street 29' Street Avenue K 19' Street 28' Street Avenue L 4' Street 6' Street Slide Road 13' Street 19'h Street 29'' Drive Brownfield Highway Slide Road 42nd Street Quaker Avenue Slide Road Quaker Avenue 42nd Street 50'' Street Utica Avenue 42n1 Street 50' Street Nashville Avenue 30' Street 34' Street 21s' Street Memphis Avenue Nashville Avenue 11t" Place Iola Avenue Alley W of Juneau Avenue Englewood Avenue 58' Street end of ROW to south 58' Street Englewood Avenue W Loop 289 Access Road 66' Street Chicago Avenue Albany Avenue 69' Street Albany Avenue Slide Road 66' Street University Avenue Avenue W 58'' Street University Avenue Geneva Avenue Boston Avenue 82nd Street 86' Street 82n1 Street Memphis Avenue Elgin Avenue Upland Avenue Brownfield Highway 82nd Street E City Council Meeting October 28, 1999 Page 349 Street Santa Fe Drive 66' Street Quincy Avenue Avenue K 6' Street 66' Street Quitman Avenue From 66' Street Upland Avenue 66' Street 4'' Street Avenue L 200' W of Iola Avenue 66' Street To 59' Street Brownfield Highway Valley guttter N of 76' St 6' Street Avenue O Brownfield Hwy Access Rd cul-de-sac to south This item is a routine acceptance of the 1999 Thoroughfare Street Maintenance Program, which consisted of single -course and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $828,537.60, with Change Order No. 1 increasing the contract by $184,987.12. Final contract price is $911,855.21. All work planned was completed for less money than originally estimated. Final payment due the contractor upon acceptance is $47,223.72. The Street Department recommended the approval of this routine acceptance and the release of the final $47,223.72 of the contract to the contractor. (20.) Resolution No. 6583 authorizing the Mayor to execute a surrender of leasehold by and between the City of Lubbock and the Lubbock Industrial Foundation, Inc. RESOLUTION NO. 6583 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 Surrender of Leasehold, attached herewith, by and between the City of Lubbock and Lubbock Industrial Foundation, Inc., and any associated documents, which Surrender of Leasehold 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 28th day of October, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 349 City Council Meeting October 28, 1999 Page 350 A copy of the Surrender of Leasehold is filed with Resolution No. 6583. In the 1940's the City of Lubbock purchased a large tract of land in northeast Lubbock for a water wellfield. In 1968 the City of Lubbock and the Lubbock Industrial Foundation, Inc. (LIFI) entered into a 50- year lease agreement with the option to purchase the property, "for the primary purpose of inducing the location of manufacturing, industrial, and business establishments." The LIFI has been very successful over the years in attracting industry to the site and much of it has been sold off. The few remaining tracts are burdened with poor access, playa lakes and/or oil wells and associated storage tanks and pipelines. The likely uses for the leftover tracts are cattle grazing or recreation (a bowhunting club is interested), both outside the purpose of the lease with LIFI. Rescinding the lease at this time will allow the City to pursue other lessees. It will also relieve LIFI of minimum lease payments of $1,000 per year, which it is unlikely to recoup through future land sales. Staff recommended City Council approval of the resolution. (21.) Resolution No. 6584 authorizing the Mayor to execute an agreement with Texas Forest Service for an Urban Forestry Partnership Grant. RESOLUTION NO. 6584 WHEREAS, the Texas Forest Services has established an Urban Forestry Partnership Grant Program, the goal of which is to develop long-range urban forestry programs in communities across Texas; and WHEREAS, the stated purpose of the program is to support new initiatives, to expand existing programs, and or foster activities that would not occur without grant funds. Types of projects eligible for funding include Program Development, Information and Education, and Demonstration or Site -Specific Projects; and WHEREAS, citizen surveys conducted in 1998 rated trees as high priority for parks. Residents often express interest in donating trees for park planting; and WHEREAS, excellent general reference materials for trees are available however, these materials do not address conditions encountered in Lubbock and rarely provide adequate graphic representation of trees that are best suited for planting in Lubbock; and WHEREAS, the City Council desires to apply grant funds to develop reference materials specific to parks and the Lubbock area, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a grant agreement by and between the City of Lubbock and Texas Forest Services Urban Forestry Partnership Grant Program, 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. =1 City Council Meeting October 28, 1999 Page 351 Passed by City Council this 28th day of October, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Interim Parks/Recreation Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Grant Agreement is filed with Resolution 6584. In June 1999, Council authorized the Parks and Recreation Department to apply for a Texas Forest Service Urban Forestry Partnership Grant. Recently, the department was notified that the City of Lubbock was awarded Grant Number 99-01-01 for the development of a Local Tree Selection and Planting Guide. The total amount of the grant is $10,000 and is to be matched by the City of Lubbock. The grant funds will enable staff to develop a local Tree Selection and Planting Guide. This reference guide, which will provide information about and photographic depictions of trees best suited to this area's climate and soils, will be distributed to neighborhood groups and civic organizations in an effort to improve the combined public and private tree planting efforts in Lubbock. The guide will also serve as an additional educational resource for Keep Lubbock Beautiful. Staff estimates the cost for development and printing 30,000 copies of this reference at $20,000. The City's net cost after receipt of matching funds from the Urban Forestry Partnership Grant Program is anticipated to be $10,000. The City's portion of the project will be comprised of in -kind services. Staff recommended that Council pass the resolution authorizing the Mayor to execute an agreement with Texas Forest Service for an Urban Forestry Partnership Grant. (22.) Resolution No. 6585 authorizing the Mayor to execute a cancellation of utility agreement with the Federal Aviation Administration. 351 City Council Meeting October 28, 1999 Page 352 RESOLUTION NO. 6585 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 Cancellation Agreement, by and between the City of Lubbock and the United States of America for furnishing electric service to the Federal Aviation Administration, Contract Weather Observer facility at Lubbock International Airport. 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 City Council. Passed by City Council this 28th day of October, 1999. /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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Cancellation Agreement is filed with Resolution No. 6585. This agreement will cancel an agreement the City has with the FAA for utility service at the previous National Weather Bureau service facility. The City had transferred the utility service from the Weather Bureau to the FAA several years ago as the Bureau vacated space and the FAA assumed administration of the program. The effect of the transfer was to reduce the utility payment since the Bureau was vacating some 2,200 square feet of office space. In the new agreement, which was approved by the Council at the September 23 meeting, the utility payment is rolled into the rent structure, therefore eliminating the need for a separate utility agreement. Staff recommended approval of this cancellation agreement. (23.) Consider the price and condition of sale of Parcel Number 15760-22- 110 at 2501 Hickory Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization, for $30. The property is to be redeveloped with a new 1,150 square foot, single- family residence valued at $35,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline plan to develop the 2400 and 2500 Blocks of Hickory Avenue with homes for low-income families. The proposal was 352 City Council Meeting October 28, 1999 Page 353 accepted by the September 20, volunteers. Urban Renewal Agency Board of Commissioners on 1994. To date, 15 homes have been completed by The Community Development Department recommended approval. (24.) Consider the price and condition of sale of Parcel Number 15760-22- 40 at 2515 Hickory Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization, for $30. The property is to be redeveloped with a new 1,150 square foot, single- family residence valued at $35,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline plan to develop the 2400 and 2500 Blocks of Hickory Avenue with homes for low-income families. The proposal was accepted by the URA Board of Commissioners on September 20, 1994. To date, 15 homes have been completed by volunteers. The Community Development Department recommended approval (25.) Consider and vote on approving the acceptance of the donation of three lots located at 7305 Hickory Avenue, 7306 Hickory Avenue and 7307 Globe Avenue, to be used as permanent match to the HOME program to develop affordable housing. Ms. Robbie B. Durham 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 7305, 7306 Hickory Avenue and 7307 Globe Avenue, with a legal description of Lots 17, 12 and 10, Del Prado Addition to the City of Lubbock (Parcel Numbers 18000-0-170, 18000-0-120 and 18000-0-100). The tax -assessed value and match value is $1,440 per lot. A title policy reflecting clear title has been provided. The Urban Renewal Board of Commissioners approved the donation of the lots on July 20, 1999, contingent upon a clear title. The lots have met environmental compliance approval. In accordance with the Urban Renewal motion, all the lots have clear titles. Recommendation by staff was to approve the acceptance of the three lots as HOME program match. (26•) Resolution No. 6586 authorizing the City of Lubbock votes for the candidates for the Lubbock Central Appraisal District Board of Directors. RESOLUTION NO. 6586 WHEREAS, there has been enacted in the State of Texas a Property Tax Code, V.A.C.S., relating to the ad valorem taxation of property; and WHEREAS, the Property Tax Code, V.A.C.S., authorized the establishment of appraisal districts to be governed by a Board of Directors; and WHEREAS, the City of Lubbock is a taxing unit within the District entitled to cast votes for the election of persons to the Board of Directors of the District; and WHEREAS, the Chief Appraiser has prepared a ballot of candidates for the Board of Directors and has determined that the City of Lubbock is entitled to cast 1,166 votes in the election of the District's Board of Directors; NOW THEREFORE: 353 City Council Meeting October 28, 1999 Page 354 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1,166 votes of the City of Lubbock are cast for the candidates for the Lubbock Central Appraisal District Board of Directors as follows: NAME W.B. Criswell Arlee Jackson LeRoy Montoya Marland Ribble Richard Spikes NO. OF VOTES 233 233 233 233 234 THAT a copy of this Resolution BE submitted to the Chief Appraiser before November 15, 1999, in order that the votes of the City of Lubbock may be counted. Passed by City Council this 28th day of October, 1999. /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 6.03, Property Tax Codes, establishes a selection process for Appraisal District directors. These directors serve two-year terms with the next term beginning January 1, 2000. The process for election of appraisal district directors is not an "election" governed by the Texas Election Code but an independent procedure which is unique to the property tax system. The chief appraiser calculates the number of votes to which each voting taxing unit is entitled and delivers that notice to the appropriate officers of each jurisdiction. Staff received that notice from the Lubbock Central Appraisal District (LCAD), and at its meeting the City Council approved a resolution nominating W. B. Criswell, Arlee Jackson, LeRoy Montoya, Marland Ribble, and Richard Spikes as candidates to be placed on the ballot. Criswell, Montoya, Ribble and Spikes are all current board members who are eligible for re-election. Arlee Jackson was nominated to replace Gene Ehler. The chief appraiser received director nominations from voting units located within the Lubbock Central Appraisal District and prepared a ballot with the names of those nominated for directors listed in alphabetical order. 354 City Council Meeting October 28, 1999 Page 355 Before November 15, each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser. Before December 1, the chief appraiser will count the votes and declare the five candidates with the greatest cumulative number of votes elected. Any tie may be resolved by the chief appraiser by any method of chance. The City of Lubbock has 1,166 votes to cast. As outlined in the resolution, the City of Lubbock's votes are cast as follows: 233 for W. B. Criswell, Arlee Jackson, LeRoy Montoya, Marland Ribble, and 234 for Richard Spikes. The number of votes each entity is eligible to cast is based on its percent of the total 1998 tax levy from the Lubbock Central Appraisal District. A copy of the 1998 calculation of votes for the Lubbock Central Appraisal District is included in agenda backup. Staff recommended approval. (27.) Resolution No. 6587 to adopt Personnel Policy 6.04C for Civil Service employees and to allow a one-time carry-over of all unused vacation for Police Officers. RESOLUTION NO. 6587 WHEREAS, the City Council of the City of Lubbock finds that ensuring adequate staffing of the Police and Fire Departments is essential to providing service to the residents of the city; and WHEREAS, the City Council of the City of Lubbock finds that an economical means of ensuring adequate staffing by Police and Fire Department personnel is to permit employees of the said departments to carry over all vacation time earned, but not taken, in the year 1999 to the year 2000; and WHEREAS, the City Council of the City of Lubbock finds that it is desirable and in the best interests of the residents of the City to adopt Section 6.04 of the Personnel Policy Guidebook; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes employees of the Police and Fire Departments of the City to carry over all vacation time earned, but not taken, in the year 1999 to the year 2000; and THAT the City Council of the City of Lubbock hereby approves and adopts Section 6.04 of the Personnel Policy Guidebook. 355 City Council Meeting October 28, 1999 Page 356 Passed by City Council this 28th day of October, 1999. /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/ John M. Knight John M. Knight Assistant City Attorney The City of Lubbock Personnel Policy Guidebook Policy 6.04C allows employees to carry over five days of vacation into the next calendar year. Chapter 143.046 only allows the accumulation of vacation with approval of the municipality's governing body. Approval of this resolution will allow Civil Service employees the same flexibility as other municipal employees. Due to the shortage of police officers it has been difficult to manage -T vacation usage this year. Approval of this resolution will allow for a one-time carry-over of any accumulated vacation for police officers. This will assure proper police coverage during the remainder of this year if needed. Staff recommended approval of this resolution. (28.) Resolution No. 6588/RFP #99102--Telephone Recording/ Transcription Reporting System (Police) RESOLUTION NO. 6588 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 Telephone Recording/Transcription Reporting System, by and between the City of Lubbock and Dictaphone Corporation of Dallas, 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. 356 City Council Meeting October 28, 1999 Page 357 Passed by City Council this 28th day of October, 1999. /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 A copy of the Contract is filed with Resolution No. 6588. This project involves the purchase of a telephone recording and transcription reporting. Currently, almost all reports are handwritten and transported by vehicle to the Police Department. The purpose of the new system will allow police officers to submit their reports from the field by telephone to the Police Department. This capability will free up time for officers to do other work in the community. Dictaphone Corporation of Dallas, Texas and Lanier Worldwide of Lubbock, Texas submitted proposals. A selection committee evaluated the proposals and ranked them as follows: Dictaphone Corporation 1120 points Lanier Worldwide 920 points Dictaphone met all the functional requirements of the RFP, while Lanier failed to meet several important requirements. Additionally, Dictaphone listed nine law enforcement agencies as references, and Lanier listed only one. Staff recommended contract award to Dictaphone Corporation. The contract amount of $107,036 includes hardware, software, training and three years of maintenance. This system is funded by a Federal Cops More Grant and a Local Law Enforcement Block Grant. (29.) Resolution No. 6589/Bid ##99200—Furnish and Install Ion Chromatography System (Water Treatment) RESOLUTION NO. 6589 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 Furnish and Install Ion Chromatography System, by and between the City of Lubbock and Zellweger Analytics, Inc. of Milwaukee, Wisconsin 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. 357 City Council Meeting October 28, 1999 Page 358 Passed by City Council this 28th day of October, 1999. /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 A copy of the Contract is filed with Resolution No. 6589. This bid is for the replacement of an Ion Chromatography System at the Water Treatment Process Control Laboratory. The system will be used in the analysis of source and drinking water for the detection of anions and cations. The current system was purchased in 1989 and has been used daily to monitor source water, drinking water, and various waste and surface waters for anions. The current system instruments are becoming obsolete, and replacement parts are becoming scarce. The low bid is $37,468 from Zellweger Analytics, Inc. of Milwaukee, Wisconsin and is within the Laboratory Instruments budget amount. (30.) Resolution No. 6590/Bid #99220—McAlister Park Grading Project, Phase I (Storm Water) RESOLUTION NO. 6590 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 McAlister Park Grading -Phase I, by and between the City of Lubbock and Ronnie Zahn Paving, Inc. of Lubbock, 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. 358 City Council Meeting October 28, 1999 Page 359 Passed by City Council this 28th day of October, 1999. /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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of October, 1999, 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 Ronnie Zahn Paving, 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 #99220 - MCALISTER PARK GRADING - PHASE I - $97,984.02 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. 359 City Council Meeting October 28, 1999 Page 360 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 by Becky Garza Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ Donald G. Vandiver First Assistant City Attorney ATTEST: Corporate Secretary /s/ Lana Zahn CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Ronnie Zahn Paving, Inc. By: /s/ Ronnie Zahn PRINTED NAME: Ronnie Zahn TITLE: President COMPLETE ADDRESS: Ronnie Zahn Paving, Inc. 6608 MLK Blvd. Lubbock, Texas 79404 This project involves the excavation of material and grading the slopes at McAlister Park in compliance with the Master Grading Plan approved by the Texas Parks and Wildlife Department. The grading will provide additional holding capacity needed for upstream development. The low bid is $97,984.02 from Ronnie Zahn Paving, Inc. of Lubbock, Texas and is within the McAlister Park Grading budget amount. (31.) Bid #99222--Automobiles and Light Duty Trucks (Fleet Services) This item was deleted. (32.) Resolution No. 6591/Bid #99263—Emergency Demolition at 2002 5th Street (Environmental Inspection Services) RESOLUTION NO. 6591 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 Emergency Demolition at 2002 5`' Street, by and between the City of Lubbock and Matthews Backhoe, Inc. of Lubbock, 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. 360 City Council Meeting October 28, 1999 Page 361 Passed by City Council this 28th day of October, 1999. /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 A copy of the Contract is filed with Resolution No. 6591. This bid is to ratify a contract for the emergency demolition of the Community Plaza Apartments located at 2002 5th Street. The apartment complex caught fire during the morning hours of October 2, 1999. Immediately following the fire, the Fire Chief and the Environmental Inspection Services Manager determined that the damage caused by the fire required the structure to be demolished in order to protect the public safety of the municipality's residents. The bid of $27,500 from Matthews Backhoe, Inc. of Lubbock, Texas is within the Environmental Inspection Services Structural Standards Compliance budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. The next item considered was Item No. 46. REGULAR AGENDA PUBLIC HEARINGS (33.) Ordinance No. 10209 - Zone Case No. 2860 (north of 19th Street and east of Guava; Sun Lawn Addition: Blocks 1-8, Lots 1-20 each block, Kelley Addition: Lots 1-56, Harlandale Addition: Lots 1-19, EC Murray Addition: Block 7, Lots 1-24, Farris Colbert Addition: Lots 1-24, Buenas Casas Addition: Lots 1-20, Rix Addition: Block 1, Lots 1, 2, 3, 5, 6, Tracts 1-A, C, C-1, Block 4, Lots 1-8, Tracts A, B, E, Block 6A, Lots 1-12, Block 6B, Lots 1-12): Request of the City of Lubbock (for Thunderbird Neighborhood Association c/o Rosie Montes) for a zoning change from R-1 to R-1 Specific Use for manufactured, modular and site built homes located south of East Broadway and east of Guava (first reading). This item was considered following Item No. 55. 361 City Council Meeting October 28, 1999 Page 362 ORDINANCE NO. 10209 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2860; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR MANUFACTURED, MODULAR AND SITE BUILT HOMES ON BLOCKS 1-8, LOTS 1-20 EACH BLOCK, SUN LAWN ADDITION; LOTS 1-56, KELLEY ADDITION; LOTS 1-19, HARLANDALE ADDITION; BLOCK 7, LOTS 1-24, EC MURRAY ADDITION; LOTS 1-24, FARRIS COLBERT ADDITION; LOTS 1-20, BUENAS CASAS ADDITION; BLOCK 1, LOTS 1,2,3,5,6, TRACTS 1-A,C,C-1, BLOCK 4, LOTS 1-8, TRACTS A,B,E, BLOCK 6A, LOTS 1- 12,13LOCK 613, LOTS 1-12, RIX ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:02 a. m. Rosie Montes appeared on behalf of the Thunderbird Neighborhood Association. Javier Luna spoke in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:07 a. in. The City of Lubbock Zoning Code permits mobile homes and manufactured homes in mobile home parks and mobile home subdivisions as a Specific Use. The Code also allows mobile homes in any zoning district with the approval of the Zoning Board of Adjustment. Adjacent land uses: North - vacant residential South - residential East - vacant manufacturing West - vacant residential In recent years all approvals for manufactured homes have been on an individual basis by the Zoning Board of Adjustment. Over the last year the Zoning Board of Adjustment has worked to develop acceptable standards for how manufactured homes should be placed on a lot to be as compatible as possible with existing structures in the area. Manufactured homes may act as a catalyst to stimulate in -fill development in areas characterized as having a significant amount of vacant lots, and having shown no sign of development for several years. The area proposed for this specific use zone case fits this description. The homes have changed significantly in quality and methods of tie down during the last 20 years, although public perception continues to be "trailers". Since 1975, no actual "mobile homes" or trailers have been built; State and Federal law all require the use of the term "manufactured". Construction standards are also governed by State and Federal law. During the last year the Zoning Board of Adjustment has approved several manufactured homes in this area and encouraged the Planning staff to assist the neighbors with this case. Rosie Montes contacted the `- Planning staff about meeting with several people from her neighborhood who want to form a neighborhood association. The fledgling neighborhood association discussed affordable housing and the possibility of allowing manufactured homes in the area as a way to get young families to move back into their neighborhood. 362 City Council Meeting October 28, 1999 Page 363 From the comments and information gathered during the initial neighborhood association meeting and a work session of the Zoning Board of Adjustment, the Planning staff is developing a set of guidelines to help insure that manufactured homes are compatible with the existing area. The proposed requirements are modifications and additions to the existing "R-1" single-family zoning district. As residential, this request conforms to the Comprehensive Land Use Plan. Currently, no zoning policy for manufactured homes exists (other than development standards in the Zoning code and Section 15 of the Code). Manufactured homes are an alternate type or style of housing. If the Planning Commission and City Council determine that manufactured homes in this particular area are appropriate then this request would be considered as conforming to zoning policy. The staff is also using this request to determine if the community will respond in a positive manner to the introduction of manufactured housing in selected areas. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. The property and the structure must be under common ownership. 2. The area under the structure shall not be used for storage of any kind. Said area shall be completely enclosed. 3. Manufactured homes placed in this district shall not be more than ten years old at the time of siting. 4. Have the main entry door facing the street on which the home is located, except when the home qualifies for a perpendicular or diagonal placement on the lot. The home must be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition so the narrow dimension of the home, as so modified and facing the street, is no less than fifty percent of the home's long dimension. A paved walkway shall be installed connecting the front door to the street, driveway or sidewalk that is adjoining neighboring lots. 5. Have a gable or hip roof of at least 3 in 12 or greater and covered with material that is residential in appearance, including, but not limited to, approved wood, asphalt composition or fiberglass shingles, but excluding corrugated metal and corrugated fiberglass. 6. Have an exterior surface and window treatment that to the maximum extent possible are architecturally compatible with those of neighboring properties. Exterior surfaces shall not be smooth, ribbed or corrugated metal or plastic panels. The exterior covering must be uniform in materials, color, texture, grain and appearance and must extend the full length of the wall all the way to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Brick, rock or stucco, extending from at least the bottom of the structure to the ground will be considered an appropriate substitute for the required uniform exterior covering. 363 City Council Meeting October 28, 1999 Page 364 7. Have any tongue and running gear including axles removed. 8. Have a permanent set of steps leading to a permanent porch or landing that is a minimum of 25 square feet in area, with the smallest dimension being no less than three lineal feet, set at each exterior door. Each porch, landing, and stairs must provide guardrails and handrails complying with the building code as adopted by the City of Lubbock. Bill Boon, Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10209 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (34.) Ordinance No. 10210 - Zone Case No. 2861 (south of 4th Street and west of Milwaukee): Request of Walter B. Mantooth for a zoning change from R-1 to C-3 on a portion of land located in the northeast quarter of Section 10, Block JS (first reading). ORDINANCE NO. 10210 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2861; A ZONING CHANGE FROM R-1 TO C-3 ZONING ON A PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 10, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:13 a. in. Walter B. "Dub" Mantooth appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:14 a. in. The request is at the southwest corner of 4th Street and Milwaukee. Adjacent land uses: North - several personal care facilities South - vacant, R-1 East - vacant, commercial West - vacant, R-1 The request is consistent with both the Comprehensive Land Use Plan and zoning policies. The proposal should have no greater effect on traffic than anticipated. 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 Commission. The staff discussion at the Planning Commission meeting failed to include the standard condition for requiring site plan review prior to issuance of a construction permit. The staff would request attachment of the condition that is routine for large commercial tracts. 364 City Council Meeting October 28, 1999 Page 365 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10210 subject to site plan review as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (35.) Ordinance No. 10211 - Zone Case No. 1917-D (north of 4th Street and east of Frankford): Request of Rodney Warren (for SPSMM Ltd.) for a zoning change from C-3 to C4 Specific Use for mini - warehouses on a portion of land out of Section 1, Block JS (first reading) . ORDINANCE NO. 10211 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1917-D; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A PORTION OF LAND OUT OF SECTION 1, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:15 a. in. No one appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:16 a. in. The parcel is on the northeast corner of the intersection of 4th and Frankford. Adjacent land uses: North - single family South - commercial East - apartments West - commercial As Specific Use, the request does not invoke the Comprehensive Land Use Plan, and the property is zoned commercially at present. The proposal meets the zoning guidelines for mini -warehouse projects in that a masonry fence or wall is proposed abutting the single-family to the north and apartments to the east. The site plan indicates chain link on the south (behind a shopping center) and on the west (toward the existing commercially zoned property). The single exception to the zoning code guidelines is the exclusion of landscaping in the compound. Any landscaping within this project would not be visible to the general public and would serve no purpose. The proposed use is one of few alternatives for this back lot parcel. These mini -warehouse projects are not high activity, and the staff is not aware of any problems generated from facilities built in the last several years. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. Amend the site plan to allow a seven -foot masonry block wall fence on the north, east and south. 2. The southwest gate shall be used as a secondary entrance. Randy Henson, Senior Planner, presented staff comments. The staff recommended an increase to seven feet for the masonry screening wall. The proponent agreed to a request of a representative from the shopping center to providing a masonry wall on the south side 365 City Council Meeting October 28, 1999 Page 366 as well as a condition that limits the use of the south gate for secondary access and easement from 4th Street enter the subject property from the south. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10211 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (36.) Ordinance No. 10212 - Zone Case No. 2783-A (4640 34th Street): Request of Doug Summers (for Automotive Service) to amend conditions of Ordinance No. 9955 to allow muffler and brake repair as a permitted use on Lot 8, Pounds Addition (first reading). ORDINANCE NO. 10212 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2783-A; AMEND ORDINANCE NO. 9955 TO ALLOW MUFFLER AND BRAKE REPAIR AS A PERMITTED USE ON LOT 8, POUNDS ADDITION, LUBBOCK, TEXAS; SUBJECT TO AMENDED CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:17 a. in. Doug Summers appeared on behalf of Automotive Service. No one appeared in opposition. Mayor Sitton closed the hearing at 11:18 a. in. The property in question was zoned several years ago to allow the sale of used vehicles. The previous service station has been operated as a non- conforming tune-up facility. The request would add two C-4 uses to the permitted activities on the parcel (muffler and brake repair). Adjacent land uses: North - apartments South - commercial East - commercial West - commercial To the south, across 34th, is the location of Mr. Summers' current non- conforming automotive repair facility. The request, being limited to a total of three C-4 uses and the fact that there are numerous existing non -conforming C-4 uses in the area, does not constitute a policy discussion with regard to the Comprehensive Land Use Plan. Neighborhood returns do not indicate any opposition in terms of compatibility with adjacent uses. There should be no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Allow muffler and brake repair in addition to limited to used vehicle sales 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. 366 City Council Meeting October 28, 1999 Page 367 Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10212 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (37.) Ordinance No. 10213 - Zone Case No. 2537-A (north of 19th Street and west of Upland): Request of Johnnie R. Berry (for Caravan Storage) for a zoning change from C-4 to C4 Specific Use for mini warehouses and to amend existing C 4 to allow used vehicles sales on two portions of land out of Section 1, Block D6 (first reading). ORDINANCE NO. 10213 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2537-A; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR MINI WAREHOUSES AND AMENDING ORDINANCE NO. 8813 TO ALLOW USED VEHICLE SALES ON TWO PORTIONS OF LAND OUT OF SECTION 1, BLOCK D6, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO AMENDED CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:18 a. m. David Wolf appeared on behalf of Johnnie R. Berry. No one appeared in opposition. Mayor Sitton closed the hearing at 11:20 a. in. The proposal is in two parts; the north lot would be used to expand the mini -warehouse project that is existing. The south lot, adjacent to 19th Street, would be used for a business that specializes in brokering the wholesale of used cars. Adjacent land uses: North - commercial South - commercial East - commercial West - Carlisle Cemetery The property is currently zoned C-4 within a request processed in 1985. The request for the south lot in this case is actually to amend the existing zoning to remove "Used Car lot" from the current strike list. During the past twenty years a policy has been established within the zone cases filed along 19th Street from Loop 289 to the west city limits (adjacent to Reese). With a few variations, the cases have all been C-4 with a strike list similar to the current zoning on this parcel. Some of the entries have been obvious, some are not quite so obtrusive. The Commission and City Council may wish to rethink the exclusion along 19th. Experience indicates that a majority of used car lots are not a problem. Some of the older, low -end lots have created a perception that is tough for the good operators to live down. The Planning Commission discussion included the fact that Reese is not a base now, and the original intent for excluding used car sales may have been related to not inviting a row of low -end sales lots catering to Air Force personnel. The Commission is of the opinion that future requests to reverse the exclusion would be timely with site planned proposals. Site planning would help alleviate any substandard location. The proposal will have little effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request. 367 City Council Meeting October 28, 1999 Page 368 Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 10213 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Ordinance No. 10214 - Zone Case No. 2862 (2002 60th Street): Request of Jerry Smith (for Vandelia Church of Christ) for a zoning change from C-2/R-1 to A-2 limited to church and church related uses on Lots 20 and 21, Block 2, Vandelia Village Addition (first reading). ORDINANCE NO. 10214 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2862; A ZONING CHANGE FROM C-2/R-1 TO A-2 ZONING LIMITED TO CHURCH RELATED USES ON LOTS 20 AND 21, BLOCK 2, VANDELIA VILLAGE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:22 a. m. Jerry Smith appeared on behalf of Vandelia Church of Christ. No one appeared in opposition. Mayor Sitton closed the hearing at 11:23 a. m. The church is existing and plans an expansion. This request would bring the zoning up to par with the current ordinance. Adjacent land uses: North - residential South - residential East - residential West- residential The request is consistent with Comprehensive Land Use Plan and Zoning policy. The project should have little or no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to a church and church related uses. Randy Henson, Senior Planner, presented staff comments. 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. 10214 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (39.) Ordinance No. 10215 - Zone Case No. 921-N (south of 50th Street and west of Avenue Q): Request of Hugo Reed and Associates (for Michael Postar) for a zoning change from R-1 Specific Use to C-4 Specific Use for mini -warehouses on a portion of land out of Section 3, Block E (first reading). City Council Meeting October 28, 1999 Page 369 ORDINANCE NO. 10215 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 921-N; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4 SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A PORTION OF LAND OUT OF SECTION 3, 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 11:24 a. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Michael Postar. David Postar and Michael Postar spoke in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:29 a. in. This proposal is located on a parcel that is off the beaten path and is adjacent to residential on two sides. In previous zone cases, and again this time, the proposed land use issue was not as sensitive as the discussion about drainage problems in the vicinity. Avenue T is the primary overflow route from Ribble Park to Clapp Park during heavy rains. The area from 54th north to 50th along Avenue T and the dead end street on 52nd have experienced flooding. Contribution to flooding from this lot in particular as well as the potential from the Avenue S Street stub does not contribute significantly to the Avenue T/52nd Street flooding, but is certainly a legitimate concern for the adjacent residents. As in the last zone case for town homes, the details about proposed drainage are best addressed during a plat than during a zone case. The civil engineer for the proponent (with agreement of Streets Engineering) in this request is of the opinion that the site drainage and water entering the site from the Avenue S stub can be directed north to 50th Street through an easement that exists on the shopping center. At that point on 50th, water would move to a storm drain at 50th and Avenue Q or back west to 50th and Avenue T. The Planning Commission, staff and proponent made clear to the residents that this project will not solve drainage issues in the area, but the proposal may contribute a small part in helping alleviate some of the problem. The South Central Storm Sewer Project currently under design does included the Avenue T issue specifically. Existing land uses: North - commercial South - residential East - commercial West - residential The proposal is consistent with the Comprehensive Land Use Plan. Compatibility with adjacent land uses is the primary topic for discussion, if staff can get past the drainage issue. The neighbors are not opposed to the mini -warehouse proposal. Several projects of this nature exist along 50th, and the staff has heard no complaints. The project shall have little effect on the thoroughfare system. As in previous zone cases, staff recommendations and the preference of the neighborhood have been to leave the two dead-end streets (52nd and 54th) as they exist with no access to the subject property. Again, staff can discuss that more directly during the plat process. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 369 City Council Meeting October 28, 1999 Page 370 1. R-panel fencing shall be allowed. 2. The site preparation, including drainage related issues and perimeter fencing, shall be addressed during the first construction permit. 3. Notice shall be mailed to the property owners within a 200-foot radius when a plat is submitted for consideration by the Planning Commission. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10215 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (40.) Ordinance No. 10216 - Zone Case No. 2863 (north of 66th Street and west of Upland): Request of Hugo Reed and Associates (for Lewis Garnett) for a zoning change from R-1/T to R-1 Specific Use for garden homes on Lot 34, Winghaven Estates Addition (first reading). ORDINANCE NO. 10216 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2863; A ZONING CHANGE FROM R-1/T TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOT 34, WINGHAVEN ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:31 a. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Lewis Garnett. No one appeared in opposition. Mayor Sitton closed the hearing at 11:32 a. in. The request is from T/R1 to R-1 specific for garden homes along the private street that enters the Winghaven Subdivision. Adjacent land uses: North - vacant and/or residential South - vacant and/or residential East - vacant and/or residential West - vacant and/or residential The request is consistent with the Comprehensive Land Use Plan and zoning policies and should have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10216 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (41.) Ordinance No. 10217 -Zone Case No. 2864 (3723 24th Street): Request of Hugo Reed and Associates (for Cindy Snell) for a zoning change from R-1 to AM on Lots 9 and 10, Block 1, Bellaire Heights Addition (first reading). 370 City Council Meeting October 28, 1999 Page 371 ORDINANCE NO. 10217 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2864; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOTS 9 AND 10, BLOCK 1, BELLAIRE HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:32 a. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Cindy Snell. No one appeared in opposition. Mayor Sitton closed the hearing at 11:33 a. m. The proposal would rezone the current R-1 to AM. Adjacent land uses: North - residential South - residential East - residential West - residential A number of years ago, the need to expand the medical district was discussed by the Planning Commission and City Council. The expansion of the policy district from the alley south of 22nd to the alley south of 24th was based on a logical extension of the uses west of Nashville on 24th and at University and 24th. 24th Street is the street south of Covenant Lakeside and both ends of the street serve as major entrances to the medical district from Quaker and University. This request is a policy request within the Comprehensive Land Use Plan. When developed as medical, all the development standards for AM will be in effect (parking, landscaping, setback, etc.). The proposal should have little effect on the overall thoroughfare system. 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 Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10217 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (42.) Ordinance No. 10218 - Zone Case No. 2296-G (2505 and 2507 80th Street): Request of Hugo Reed and Associates (for Gary Boren) for a zoning change from R-1 to C-2A on Lots 43 and 44, Gatewood Addition (first reading). ORDINANCE NO. 10218 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2296-G; A ZONING CHANGE FROM R-1 TO C-2A ZONING ON LOTS 43 AND 44, GATEWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:34 a. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Gary Boren. No one appeared in opposition. Mayor Sitton closed the hearing at 11:37 a. in. 371 City Council Meeting October 28, 1999 Page 372 The proposal would add two lots of commercial to the two lots adjacent to University that exist as C-2 currently. The proposed use is a new chain fast food facility, Carl's Jr. Adjacent land uses: North - commercial and residential South - commercial East - commercial West - residential The request represents a minor change to the Comprehensive Land Use Plan, which continues to illustrate residential for this area along University. This portion of University from Loop 289 to 82nd was partially developed as commercial prior to adoption of the current Plan and has continued to develop as strip commercial. The additional depth requested within this case will match what exists to the south and a portion of the lots to the north. To lessen the impact of the project on the residents of the home at 2508 80th, the proponent has redesigned the site plan to place a screening fence along a distance approximately the width of the west -most lot. The existing home will face the fence rather than an open parking lot. The resident was not present at the meeting. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: Screening fence shall be constructed as indicated on amended site plan. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10218 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince was away from the dais. (43.) Ordinance No. 10219 - Zone Case No. 1755-J (5210 82nd Street): Request of Ok Pok Chong for a zoning change from C-2 to C-3 limited to a cleaning, dyeing or dry cleaning shop and all unconditionally permitted C-2 uses on the south 80 feet of Tract E, Farrar Estates Addition (first reading). ORDINANCE NO. 10219 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1755-J; A ZONING CHANGE FROM C-2 TO C-3 ZONING LIMITED TO A CLEANING, DYEING OR DRY CLEANING SHOP ON THE SOUTH 80 FEET OF TRACT E, FARRAR ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:38 a. in. Dan Tipps appeared on behalf of Ok Pok Chong. No one appeared in opposition. Mayor Sitton closed the hearing at 11:40 a. in. The shop will not change from the exterior; the difference will be the transition from a bundle pick-up to a shop having cleaning/washing equipment in the building. C-3 is required for a full dry cleaning/laundry. Adjacent land uses: 372 City Council Meeting October 28, 1999 Page 373 North - commercial South - commercial East - commercial West - commercial The request is consistent with both the Comprehensive Land Use Plan and Zoning policy. The proposal will have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: Limited to a cleaning, dyeing or dry cleaning shop and all unconditionally permitted C-2 uses. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10219 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (44.) Ordinance No. 10220 - Zone Case No. 2848 (4722 39th Street): Rehearing request of Billy J. York for a zoning change from R-1 to R-2 for duplexes on Lot 7, Block 18, College Heights Addition (first reading). ORDINANCE NO. 10220 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2848; A ZONING CHANGE FROM R-1 TO R-2 ZONING ON LOT 7, BLOCK 18, COLLEGE HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:41 a. in. Billy J. York appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:43 a. in. Mr. York amended his request from three duplex units to two in an appeal of the denial to City Council. The Council requested that the Commission hear the case again with the new information and suggested that Mr. York visit more with the neighbors. He reviewed his visits with the Commission. Several letters of opposition were returned the second mailing, but not as many as the first. Adjacent land uses: North - residential South - residential East - residential West - residential As duplex residential, there is not a Comprehensive Land Use Plan level of discussion. Several non -conforming units exist in this area. Zoning policy regarding compatibility of the proposal remains the single greatest discussion item. The new site plan indicates a 25-foot setback from both Utica and from 39th (that will align with the setback of homes along 39th). As noted previously, the parcel contains 20,000 square feet, which would meet the minimum 5000 square foot requirement for four 373 City Council Meeting October 28, 1999 Page 374 single-family homes, although meeting required setbacks would be difficult. With two duplex units, the square footage would exceed the 6000 minimum by forty percent. Thus, from a technical basis, the two structures would not present a capacity or density issue. As in the last discussion, whether Mr. York has satisfied adjacent owners about the project should dominate the decision. Mr. York has noted correctly that it is unlikely that a new single family residence that matches value to the area would build on this large lot. Mr. York offered to build all brick units. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. The structures shall be brick construction. 2. A six-foot fence shall be required on the east side of the property with a step down towards 39th Street. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10220 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (45.) Hold a public hearing to consider amendment of the Comprehensive Land Use Plan adding the ten square miles annexed in January, 1999 and take appropriate action. This was the last item considered. Mayor Sitton opened the public hearing at 11:45 a. in. No one appeared to speak at the hearing. Mayor Sitton closed the public hearing at 11:53 a. in. With the annexation of land south and west of the City in January, the Planning staff has proposed an update to the Comprehensive Land Use Plan to incorporate the new area. For a majority of the area, the proposal matches what is illustrated on the current policy map in an "unofficial" manner as being outside the city limits. Two areas merit special discussion: Adjacent to the Brownfield Highway from previous to new city limit - the proposal recognizes the areas already developed as commercial. In the area of 82nd and Upland - the proposal acknowledges: ♦ the strip commercial along 82nd; ♦ the commercial on the west side of Upland south of 82nd Street; and ♦ the quarter section south of 82nd and west of Upland that is substantially developed as heavy commercial/light industrial. The proposal for policy in the industrial area is IDP (industrial park). The IDP will allow outside storage but it must be screened with a solid fence. 374 City Council Meeting October 28, 1999 Page 375 The existing land uses in the annexed area are compatible with the proposed policy map to a great extent. Any existing business outside the new policy commercial areas will remain legal non -conforming and may continue "as is" from now on. The proposed Plan was on display at the annexation fair on October 7. The Planning Commission considered the proposal also on October 7, with no citizens providing comment. The Planning and Zoning Commission recommended adoption of the proposal by minuted action. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to adopt the proposal amending the Comprehensive Land Use Plan. Motion carried: 7 Yeas, 0 Nays. HEALTH AND COMMUNITY SERVICES (46.) Resolution No. 6592 accepting the Community Development Services Board recommendations for funding of programs of the FY 1999 Community Services Block Grant (CSBG). This item was considered following Item No. 32 (Consent Agenda). RESOLUTION NO. 6592 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts the recommendations for funding of programs of the FY 1999 Community Services Block Grant by the Community Development Board and all related documents. Said recommendations are 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 28th day of October, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Ka thie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Recommendations is filed with Resolution No. 6592. 375 City Council Meeting October 28, 1999 Page 376 The Texas Department of Housing and Community Development provides funding through the Community Services Block Grant. Due to a termination of a 1999 funded contract and an additional performance award from the State for transitioning people out of poverty, the City has $29,500.32 to reallocate for the Fiscal Year 1999. The Community Development Service Board asked for proposals that could spend the funds within the current contract period. Eleven requests were received. Copies of the applications were available for review in the Council offices from the secretary. The following shows a breakdown of the request and the amounts requested and the Board's recommendation: Communities In Schools On the South Plains Inc.- 7 habits to the world of Work $14, 979.00 $14, 979.00 Lubbock Regional MHMR- Intensive In -Home Intervention Services $20,000.00 $4,672.97 Lubbock Economic Advancement & Development Board- Pre Development for Lubbock Housing Project $24,990.00 $0 Teen Publications- Acquisition of Building $30,000.00 $0 Acteen- Computer request $4 300.00 $0 Catholic Family Services, Inc.- Self Sufficiency project $10,000.00 $0 Contact Lubbock, Inc. - Information & Referral $7,222.00 $0 C.A.R.E., Inc. -Literacy $g 060.40 $0 March Of Dimes- Stork's Nest $4,848.35 $4,848,35 Lubbock Regional Council on Alcohol and Drug Abuse- Girl Power! $3,150.00 $0 Lubbock Area Coalition for Literac -Literacy Outreach $5,000.00 $5,000.00 In looking at the applications the Board took into consideration that acquisition of a building is not an eligible activity. The purchase of equipment costing over $500 requires written approval from the State. This assisted the Board in making its decision. It is also important to note that funding levels for FY 2000 have not been reported to the City yet, and there may be additional funds to allocate when those funds are announced. Doug Goodman, Director of Health and Community Services, presented staff comments. Staff recommended that the City Council accept the Community Development and Services Board's funding recommendation for the CSBG reallocated funds. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass Resolution No. 6592 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (47•) Resolution No. 6593 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 Lubbock Area Coalition for Literacy, from the Community Services Block Grant (CSBG). 376 City Council Meeting October 28, 1999 Page 377 RESOLUTION NO. 6593 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and Lubbock Area Coalition for Literacy under the Community Development Block Grant (CDBG) Program 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 City Council. Passed by City Council this 28th day of October, 1999. /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 Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 6593. Grantee: Lubbock Area Coalition for Literacy Program: Literacy Funding Source: 1999 Community Service Block Grant Use of Funds: These funds will be used to provide books and supplies for the Literacy program. Amount: $5,000 Terms: November 1, 1999 through December 31, 1999. Comments: This contract is a result of funds being reallocated from the 1999 Community Service Block Grant. The Community Development Service Board requested proposals. The contract is available for review in the City Secretary's Office. Doug Goodman, Director of Health and Community Services, presented staff comments. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. 377 City Council Meeting October 28, 1999 Page 378 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 6593 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (48.) Resolution No. 6594 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 Communities in Schools on the South Plains, Inc., from the Community Services Block Grant (CSBG). RESOLUTION NO. 6594 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and Communities in School on the South Plains, Inc. under the Community Development Block Grant (CDBG) Program 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 City Council. Passed by City Council this 28th day of October, 1999. /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 Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 6594. Grantee: Communities In Schools on the South Plains, Inc. Programs: 7 habits to the world of work Funding Source: 1999 Community Service Block Grant Use of Funds: These funds will be used to provide the tools that will keep students in school, to improve academically and succeed in schoolwork. Amount: $14,979 Terms: November 1, 1999 through December 31, 1999. 378 City Council Meeting October 28, 1999 Page 379 Comments: This contract is a result of funds being reallocated from the 1999 Community Service Block Grant. The contract is available for review in the City Secretary's Office. Doug Goodman, Director of Health and Community Services, presented staff comments. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 6594 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor Sitton and Councilmembers McDougal and Patterson recused themselves. (49.) Resolution No. 6595 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 March of Dimes, from the Community Services Block Grant (CSBG). RESOLUTION NO. 6595 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and March of Dimes under the Community Development Block Grant (CDBG) Program 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 City Council. Passed by City Council this 28th day of October, 1999. /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 Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 6595. Grantee: March of Dimes Program: Stork's Nest Program Funding Source: 1999 Community Service Block Grant 379 City Council Meeting October 28, 1999 Page 380 Use of Funds: These funds will be used to provide services and supplies that provide assistance for early and regular prenatal care for low-income pregnant women Amount: $4,848.35 Terms: November 1, 1999 through December 31, 1999. Comments: This contract is a result of funds being reallocated from the 1999 Community Service Block Grant. The contract is available for review in the City Secretary's Office. Doug Goodman, Director of Health and Community Services, presented staff comments. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to pass Resolution No. 6595 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Patterson recused himself. (50.) Resolution No. 6596 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 Lubbock Regional MI]MR, from the Community Services Block Grant (CSBG). RESOLUTION NO. 6596 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and Lubbock Regional MHMR under the Community Development Block Grant (CDBG) Program 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 City Council. Passed by City Council this 28th day of October, 1999. /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 Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney City Council Meeting October 28, 1999 Page 381 A copy of the Contract is filed with Resolution No. 6596. Grantee: Lubbock Regional MHMR Program: Intensive In -Home Intervention Program Funding Source: 1999 Community Service Block Grant Use of Funds: These funds will be used to provide in -home therapy for children and adolescents at risk for placement outside the home. Amount: $4,672.97 Terms: November 1, 1999 through December 31, 1999. Comments: This contract is a result of funds being reallocated from the 1999 Community Service Block Grant. The contract is available for review in the City Secretary's Office. Doug Goodman, Director of Health and Community Services, presented staff comments. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass Resolution No. 6596 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (51.) Resolution No. 6597 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 West Texas Housing Foundation, from the Community Development Block Grant (CDBG). RESOLUTION NO. 6597 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and West Texas Housing Foundation under the Community Development Block Grant (CDBG) Program 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 City Council. 381 City Council Meeting October 28, 1999 Page 382 Passed by City Council this 28th day of October, 1999. /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 Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 6597. Grantee: West Texas Housing Foundation. Program: Lubbock Housing Opportunity Fund Funding Source: 1999-2000 Community Development Block Grant Use of Funds: This project will provide funds to set up a revolving interim construction loan and guarantee program designed to make homeownership more affordable for low to moderate income buyers. Amount: $100,000 Match: 25 % Return of Investment: 25 % of funds grant funds used in one lump sum 30 days after completion of the project, or equal payments for up to a 10 year period at 0 percent interest. Terms: October 1, 1999 through September 30, 2001 Comments: Funding for this contract was approved by City Council at the June 10, 1999 City Council meeting. The contract is available for review in the City Secretary's Office. Doug Goodman, Director of Health and Community Services, presented staff comments. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. -- Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to pass Resolution No. 6597 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Patterson recused himself. 382 City Council Meeting October 28, 1999 Page 383 (52.) Resolution No. 6598 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 Buckner Children and Family Services Inc., from the Community Development Block Grant (CDBG) for Public Service. RESOLUTION NO. 6598 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Contract, by and between the City of Lubbock and Buckner Children and Family Services, Inc. - Project ROCK program from the Community Development Block Grant (CDBG) for Public Service, and other 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 28th day of October, 1999. /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 Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 6598. Grantee: Buckner Children and Family Services Inc. Program: Project ROCK Funding Source: 1999-2000 Community Development Block Grant Use of Funds: This project will provide crisis intervention including emergency respite care for at -risk families, an after school/summer camp program in Jackson/Mahon and parent education classes in the five - targeted neighborhoods. Location: 129 Brentwood Avenue Amount: $68,754 Match: 25 % Return of Investment: Not required for Community Development Public Service. 383 City Council Meeting October 28, 1999 Page 384 Terms: October 1, 1999 through September 30, 2000 Comments: Funding for this contract was approved by City Council at the June 10, 1999 City Council meeting. The contract is available for review in the City Secretary's Office. Doug Goodman, Director of Health and Community Services, presented staff comments. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 6598 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (53.) Consider two appointments to the Lubbock Arts Alliance, Inc. Grants Review Committee. Mary Jane Crook has resigned and will need to be replaced. Anna Mosqueda's term expires December, 1999. Anna has served two terms, and there is no limit to the number of terms served. Anna is still interested in serving. A copy of the current roster and other supporting documentation is included in agenda backup. The Appointments Advisory Board recommended the appointment of Anna Mosqueda. The Appointments Advisory Board recommended the following names for replacement of Mary Jane Crook: Joe Bilello, Francis Christmann, Louise Cummins, Jane Prince Jones, Sara Stalcup, and Jackie Wong. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to appoint Jane Price Jones and Anna Mosqueda to the Lubbock Arts Alliance, Inc. Grants Review Committee. Motion carried: 7 Yeas, 0 Nays. (54.) Consider three appointments to the Lubbock Housing Finance Corporation. Ken Flagg, Wesley Hallmark, and T. J. Patterson have terms expiring in December. Even though there is no limit to the number of terms served on this board, the Lubbock Housing Finance Corporation recommended that board members serve no more than two terms. Wesley Hallmark and T. J. Patterson have already served two terms. A copy of the current roster and other supporting documentation is included in agenda backup. The Appointments Advisory Board recommended the appointment of Ken Flagg. The Appointments Advisory Board recommended the following names for possible replacement of Wesley Hallmark and T. J. Patterson: Rose Mediano, Carl Odom, Dwight Pierce, Anita Reyna, Ruth Schiermeyer. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to appoint Harry Stokley and Max Ince to the Lubbock Housing Finance Corporation Board of Directors. Motion carried: 7 Yeas, 0 Nays. City Council Meeting October 28, 1999 Page 385 (55.) Consider one appointment to West Texas Municipal Power Agency Board of Directors. Robert Massengale's term expires December, 1999. There is no limit to the number of terms served. Robert is still interested in serving. A copy of the current roster and other supporting documentation is included in agenda backup. The Appointments Advisory Board recommended the appointment of Robert Massengale. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to appoint Robert Massengale to the West Texas Municipal Power Agency Board of Directors. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item No. 33. 11:54 A. M. COUNCIL RECESSED 12:49 A. M. COUNCIL RECONVENED 12:49 A. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal made a motion to adjourn; Councilmember Patterson seconded the motion. Motion carried: 2 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment: Councilmembers McDougal and Patterson. WINDY SITT , MAYOR ATTEST: Read and approved this .� &A, day o , 2000. WINDY SITT N, MAYOR ATTEST: (4L Kaythie arnell, City Secretary K: