Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 7/27/1989567 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 27, 1989 The City Council of the City of Lubbock, Texas met in regular session on the 27th day of July, 1989 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at lO:OO A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker" Councilman T- J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman George Carpenter, Councilwoman Maggie Tr ^o, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr', and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. ( l'� The Invocation was given by Deputy City Manager Bob Cass. ( 2'1 The Pledge of Allegiance was given in unison by those in the Council Chambers. � 3') Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve the Minutes of the July 13, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; O Nays. ( 4') Board Appointments 88-488-587-438 � 5'\ Certificate of Appreciation will be presented Gerald Myers for his efforts on behalf of the Basketball Conqress International. The Mayor presented a Certificate of Appreciation to Gerald Myers for his outstanding leadership and efforts in obtaining the required support for providing air conditioning for the Lubbock Municipal Coliseum. Mr. Myers solicited and obtained donations exceeding $17,000, offsetting the cost of 14 evaporative air conditioning units which were installed at the Coliseum. The results of his efforts have not only enhanced the Basketball Congress International Tournaments but will also benefit patrons of events for years to come' The City of Lubbock has agreed to install an additional five units, bringing the total to 19 i] units. These units have been able to reduce temperatures 15-20 degrees- ( 6^\ Laurin Prather, President of the Board of City uu|y --/, 1-du�j Page 568 89-488-558-439 � 7-\ Consider Resolution #3160 confirming the commitment of the City of Lubbock to provide infrastructure for a Texas State Prison. RESOLUTION #3160 WHEREAS, the City of Lubbock is making application to the Texas Department of Corrections for the construction of a new prison facility to be located within the City; and WHEREAS, the construction of such a facility will greatly enhance the capabilities of the Criminal justice system operated within the City; and WHEREAS, the existence of such a facility will also act as a deterrent for crime within the City; and WHEREAS, the construction of such a facility will further benefit the City of Lubbock by providing and enhancing economic opportunities for the City and its citizens; and WHEREAS, the construction of such a facility will also provide additional jobs within the community; and WHEREAS, the City Council finds that it is a public purpose and in the best interest of the citizens of this community that such facility be constructed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l' THAT the City hereby commits up to $633,000-00 of available funds currently on hand for the construction and establish- ment of water, sewer and electric utility lines for the purpose of providing such public services to the Texas Department of Corrections in connection the construction, operation and maintenance of the new prison facility to be located within the City. SECTION 2' THAT the City as owner of one half /1/2\ of the mineral interests on 510'085 acres of ]and out of Section 41, Block 8, Lubbock County, Texas, agrees that if the Texas Department of Corrections constructs a prison facility upon the East 310 acres out of Section 41, Block 8, Lubbock County, Texas, which acreage has been identified as a possible prison site, that City will not engage in or undertake any surface development on the 3I0 acres nor shall City undertake the drilling of any oil, gay well or water well upon the 310 acres above described. Passed by the City Council this 27th day of July, 1989. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Robert_Massengale /s/ John C. Ross, Jr. J. Robert Massengale, Assistant City Attorney City Manager for Financial Services Laurin Prather, President of the Board of City Development, appeared to present this request and stated that, upon the advice of the Texas Department of Corrections, a resolution by the City Council committing to the installation of the infrastructure for water, sewer, and electric Uuiy ci, lvov Page 569 service at the prison site would be necessary. He advised that other cities have run into problems because the commitments that were made to provide certain facilities or services were not substantially documented in the application. Staff recommended that since the Resolution does not specify where the funds would come from, a plan be developed to provide funding from the infrastructure fund established by LP&L, the BCD, and other sources. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to authorize Resolution #3160 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-569- 440 ( 8.) ORDINANCE #9269--Abandoning and closing two Underground Utility Easements located in Tract B Caprock Addition to the City of Lubbock ORDINANCE #9269 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO UNDERGROUND UTILITY EASEMENTS AND TWO GARBAGE COLLECTION EASEMENTS LOCATED NORTH OF 52ND STREET IN LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9269 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-569- 441 ( 9.) ORDINANCE #9290--Amending Subsection 16-175(a) of Section 16-175 of the Code of Ordinances of the City of Lubbock to better conform with State law regarding speed limits for motor vehicles. 13 . � AN ORDINANCE AMENDING SUBSECTION 16-175(a) OF SECTION 16-175 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK TO REVISE SAID SUBSECTION TO BETTER CONFORM WITH STATE LAW AS REGARDS SPEED LIMITS FOR MOTOR VEHICLES IN THE CITY OF LUBBOCK PARTICULARLY TEX.REV.CIV.STAT.ANN. ART. 6701d, §166; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE HEREOF. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9290 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-569- 442 (10.) ORDINANCE #9291--Authorizing a traffic signal at the intersection of 19th Street and Inler Avenue. ORDINANCE #9291 AN ORDINANCE AUTHORIZING A TRAFFIC SIGNAL AT THE INTERSECTION OF 19TH STREET AND INLER AVENUE; AND PROVIDING FOR PUBLICATION. %Jul y 41, I-joj Page 570 89-48B-570-"443 (11.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9291 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9292--Authorizing the issuance of "City of Lubbock, Texas, General Obligation Bonds, Series 1989"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters inciden and related to the issuance, sale, payment and delivery of said bonds, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. ORDINANCE #9292 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1989"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9292 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (12.) ORDINANCE #9293--Authorizing the issuance of "City of Lubbock, Texas, Certificates of Obligation, Series 1989"; levying an ad valorem tax upon all taxable property in the City for tl payment of said Certificates; specifying the terms and features of such Certificates and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said Certificates, including the approval and distribution of an Official Statement relating thereto; and providing an effective date. ORDINANCE #9293 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 198911; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY FOR THE PAYMENT OF SAID CERTIFICATES; SPECIFYING THE TERMS AND FEATURES OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF AN OFFICIAL STATEMENT RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9293 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. %Ju/y L', lvpr Page 571 89-48B-571-445 /22-\ Consider Resolution #3161 authorizing the Mayor to execute a Partial Paving Release relating to the 1988 Assessment Paving Program. RESOLUTION #3161 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 Partial Paving Release concerning certain paving units which were deleted from the 1988 Assessment Paving Program, and also to release certain abutting properties in which case no assessments were needed, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer STATE OF TEXAS COUNTY OF LUBBOCK B. C. McMINN, MAYOR /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney PARTIAL PAVING RELEASE WHEREAS, by Resolution passed by the City Council on January determining the necessity for making Certain street and alley improvements as therein designated, which Resolution was filed as a matter of record to inform t he public in Volume 2998, Pages 141-I43 (inclusive) of the Official Real Property Records of the County Clerk of Lubbock County, Texas, reference to which record is made for all pertinent purposes; and WHEREAS, the City Council of the City of Lubbock finds and determines that the liens and/or clouds against certain properties created by the filing of such resolution should be released against such abutting properties as are hereinafter described for the reasons as hereinafter stated; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: kv THAT Unit No. 8-46I-06, concerning alley improvements, was deleted by the City,Council in its entirety after the public hearing thereon, and is hereby released and quitclaimed in its entirety. 9 The following described properties are hereby released and quitclaimed under Unit No. 2240-79 because no assessment was made against such properties after the public hearing thereon because of existing paving, to -wit: Duly ci, lzmv Page 572 (A) ADDITION - JAMES SUBDIVISION LOT - NORTH 156.83 FEET OF LOT 1 (B) ADDITION - JAMES SUBDIVISION LOT - SOUTH 133.17 FEET OF LOT 1 (C) ADDITION - JAMES SUBDIVISION LOT - NORTH 25 FEET OF LOT 32 (D) ADDITION - JAMES SUBDIVISION LOT - SOUTH 205 FEET OF LOT 32 AND THE SOUTH 70 FEET OF THE NORTH 95 FEET OF LOT 32 0 The following described property is hereby released and quitclaimed under Unit No. 2240-79 because no assessment was made against such property after the public hearing thereon because existing and prepaid paving No. 322, to -wit: ADDITION - BREEDLOVE LOT - TRACT A 4. The following described properties are hereby released and quitclaimed under Unit No. 2240-79 because no assessment was made against such properties after the public hearing thereon and because such properties abutted the right-of-way of the Texas Department of Highways and Public Transportation, to -wit: (A) ADDITION - BARTOS LOTS - 2 AND 4 (B) BEGINNING AT A POINT WHICH BEARS SOUTH 21 DEGREES 52 MINUTES 36 SECONDS WEST A DISTANCE OF 1197.21 FEET FROM THE NORTHEAST CORNER OF SECTION 6, BLOCK E, LUBBOCK COUNTY, TEXAS; THENCE SOUTH 37 DEGREES 17 MINUTES 09 SECONDS WEST A DISTANCE OF 251.99 FEET TO A POINT; THENCE SOUTH 57 DEGREES 24 MINUTES 42 SECONDS WEST A DISTANCE OF 79.87 FEET TO A POINT; THENCE NORTH 79 DEGREES 48 MINUTES WEST A DISTANCE OF 93.29 FEET TO A POINT; THENCE NORTH A DISTANCE OF 226.71 FEET TO A POINT; THENCE NORTH 89 DEGREES 57 MINUTES EAST A DISTANCE OF 311.76 FEET TO THE POINT OF BEGINNING. (C) ADDITION - BARTOS LOT - 1 (D) BEGINNING AT A POINT WHICH BEARS SOUTH 09 DEGREES 49 MINUTES 05 SECONDS WEST A DISTANCE OF 873.80 FEET FROM THE NORTHEAST CORNER OF SECTION 6, BLOCK E, LUBBOCK COUNTY, TEXAS, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 1, BARTOS ADDITION; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 1, BARTOS ADDITION A DISTANCE OF 149 FEET TO THE SOUTHEAST CORNER OF LOT 1, BARTOS ADDITION; THENCE SOUTH A DISTANCE OF 125 FEET TO A POINT; THENCE WEST A DISTANCE OF 236.36 FEET TO A POINT; ouiy 61, lvov Page 573 THENCE NORTH 34 DEGREES 57 MINUTES EAST A DISTANCE OF 152.60 FEET TO THE POINT OF BEGINNING. (E) BEGINNING AT A POINT WHICH BEARS SOUTH 16 DEGREES 15 MINUTES 38 SECONDS WEST A DISTANCE OF 1157.29 FEET FROM THE NORTHEAST CORNER OF SECTION 6, BLOCK E, LUBBOCK COUNTY, TEXAS, SAID POINT BEING THE NORTHWEST CORNER OF LOT 3, BARTOS ADDITION; THENCE NORTH 34 DEGREES 57 MINUTES EAST A DISTANCE OF 152.60 FEET ALONG THE EAST ROW LINE OF QUIRT AVENUE TO A POINT; THENCE EAST A DISTANCE OF 150.00 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 125.00 FEET TO A POINT; THENCE WEST A DISTANCE OF 237.36 FEET TO THE POINT OF BEGINNING. (F) ADDITION - BARTOS LOT - NORTH 100 FEET OF LOT 3 (G) ADDITION - BARTOS LOT - SOUTH 198.37 FEET OF LOT 3 R1 The following described properties are hereby released and quitclaimed under Unit No. 2240-79 because no assessment was made against such properties after the public hearing thereon and because it was determined by the City Council that the proposed paving improvements would not enhance the value of the abutting property as much or more than the estimated cost for such improvements, to -wit: (A) BEGINNING AT A POINT WHICH BEARS SOUTH 02 DEGREES 41 MINUTES 09 SECONDS WEST A DISTANCE OF 2093.59 FEET FROM THE NORTHEAST CORNER OF SECTION 1, BLOCK E, LUBBOCK COUNTY, TEXAS; THENCE SOUTH 03 DEGREES 51 MINUTES 34 SECONDS WEST, ALONG THE WEST ROW LINE OF QUIRT AVENUE, A DISTANCE OF 137.17 FEET TO A POINT; THENCE NORTH 87 DEGREES 38 MINUTES 42 SECONDS WEST A DISTANCE OF 52.91 FEET TO A POINT; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT AN ARC DISTANCE OF 114.00 TO A POINT, SAID CURVE HAVING A CENTRAL ANGLE OF 17 DEGREES 30 MINUTES 32 SECONDS AND A CHORD THAT BEARS NORTH 54 DEGREES 51 MINUTES 32 SECONDS WEST 113.56 FEET; THENCE NORTH 03 DEGREES 51 MINUTES 34 SECONDS EAST A DISTANCE OF 75.57 FEET TO A POINT; THENCE SOUTH 87 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. (B) BEGINNING AT A POINT IN THE WEST LINE OF THE S. I. JOHNSTON SURVEY 23, BLOCK E, SAID POINT BEING ONE MILE SOUTH OF THE NORTHWEST CORNER OF THE S. I. JOHNSTON SURVEY 23, BLOCK E; THENCE EAST 30 FEET TO THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 89 DEGREES 17 MINUTES EAST A DISTANCE OF 150.00 FEET TO A POINT; Uuiy Ci, lyay Page 574 THENCE NORTH A DISTANCE OF 315 FEET TO A POINT; THENCE SOUTH 89 DEGREES 17 MINUTES WEST A DISTANCE OF 150.00 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 315.00 FEET TO THE SOUTHWEST CORNER OF THIS TRACT AND THE POINT OF BEGINNING. FOOTAGE IS MINUS 20 FEET FOR COUNTY ROAD. The following described property is hereby released and quitclaimed under Unit No. 2240-79 because no assessment was made after the public hearing thereon and because the proposed paving improvements are below the highwater mark of the lake in which such paving improvements are located or to be located, to -wit: BEGINNING AT A POINT WHICH BEARS SOUTH 02 DEGREES 52 MINUTES 47 SECONDS WEST A DISTANCE OF 2507.71 FEET FROM THE NORTHEAST CORNER OF SECTION 1, BLOCK E, LUBBOCK COUNTY, TEXAS; THENCE SOUTH 03 DEGREES 51 MINUTES 34 SECONDS WEST ALONG THE WEST ROW LINE OF QUIRT AVENUE A DISTANCE OF 136.46 FEET TO A POINT; THENCE NORTH 87 DEGREES 38 MINUTES 42 SECONDS WEST A DISTANCE OF 150.00 FEET TO A POINT; THENCE NORTH 03 DEGREES 51 MINUTES 19 SECONDS EAST A DISTANCE OF 136.86 FEET TO A POINT; THENCE SOUTH 87 DEGREES 29 MINUTES 34 SECONDS EAST A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. 7. All of the property to which this partial release is applicable as hereinabove described is located within the corporate limits of the City of Lubbock, Lubbock County, Texas, and this release is only applicable to the properties hereinabove specifically described. All interests and/or liens not specifically herein released are hereby retained by the City of Lubbock. Executed this 27th day of July, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK BY:/s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same uu/y 4/, 1r0�1 Page 575 as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of July, /s/ Olivia R. Solis Notary Public in and for Lubbock County, Texas My Commission Expires: 11-30-89 This Partial Paving Release is intended to release liens and/or clouds on Certain properties created by filing with the Real Property Records of Lubbock County the Resolution passed by the City Council January 12, I989, which declared the necessity for improving certain streets and alleys. Properties included in this Partial Release are: l' Properties adjacent to the alley that were deleted from the project. 2. Properties that already have curb and gutter and paving adjacent to them, or have pre -paid paving. 3' Properties adjacent to State of Texas rights -of -way. 4. Properties where the enhancement rate was determined by the City Council to be zero. 5' Properties below the estimated high water mark of the lake' Motion was made by Councilman Carpenter" seconded by Councilman Phillips to authorize Resolution #316I as recommended by 3taff. Motion carried: 7 Yeas; O Nays. 89-488-575-446 /23,1 Consider Resolution #3162 authorizing the Mayor to sign an Agreement with Central Freight Lines, RESOLUTION #3162 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement to be entered into by and between the City of Lubbock and Central Freight Lines, Inc., a common carrier corporation, said agreement attached hereto as Exhibit A and incorporated herein being concerned with reconstruction and/or construction of street improvements on 82nd Street from Ash Avenue to U.S. 87 within the corporate limits of the City of Lubbock, which shall be spread UpuD the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. ou/X 6/, 1�20r Page 578 Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation THE STATE OF TEXAS COUNTY OF LUBBOCK B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Dennis W. McGill Dennis W. McGill, Trial Attorney EXHIBIT 8 AGREEMENT FOR RECONSTRUCTION OF A PORTION OF 82NO STREET This Agreement is entered into by and between the City of Lubbock, a Home Rule Municipality located in Lubbock County, Texas (herein called "City") and Central Freight Lines, Inc', a common carrier corporation (herein called "Central"), this 27th day of July, 1989. KNOW ALL MEN BY THESE PRESENTS: THAT City and Central in consideration of the mutual agreements and obligations herein respectively undertaken by each of them, as hereinafter set forth, do hereby contract and agree as follows: I' City and Central agree to pay for the reconstruction and/or construction of street improvements on 82nd Street from Ash Avenue to U.S. 87 within the corporate City limits of City (herein called xpro'actu or "the project"). It is estimated that the project will cost approximately ONE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS '�� 14O,OOO,UO\. Central shall pay FORTY THOUSAND AND NO/100 DOLLARS '$40,000.001 toward the cost of the project, and its liability for such Coats `s specifically limited to FORTH THOUSAND AND NO/I00 DOLLARS ($40,000.00). Central shall deposit with the City f Lubbock the sum of FORTY THOUSAND AND NO/lOO DULLARD ($40,000'00) within seven (7) days of receipt of notice from the City that it plans to advertise the project for bids within fifteen (I5) days, to assure to City the funds to be furnished by Central are available for expenditure on the project. Il' As soon as practicable after execution of this Agreement, City shall prepare proposed Contract documents, notice and invitation for bids, and shall consider such bids, if any, which are received for construction On the prO'ect. If it is determined that a satisfactory bid is found and determined by the City Council of the City, the construction contract shall be awarded to such satisfactory bidder; then if all contract requirements of the City are met by the successful bidding contractor, than the City will enter into the contract by its execution thereof, if the successful bidder also executes the contract' The City specifically reserves the right to reject any or all bids, and the City reserves the right not to execute any construction contract which, in the C\ty/s sole discretion, d085 not meet the contract requirements of the City, or any of the requirements of the laws of the State of Texas, or the ordinances, regulations, and Charter of the City with respect hereto, %Ju/y c', lvov Page 577 and if the City so determines not to execute the construction contract, it shall have the option in its discretion of terminating this Agreement for all purposes. The City shall use its best efforts to execute the construction contract (within the limitations imposed on such execution set forth herein) within six (6) months from the date of this Agreement. aff The deposit of FORTY THOUSAND AND NO/IOO DOLLARS ($40,000'00) by Central with the City of Lubbock as above set forth shall not bear interest' IV' If the City does not receive any bids for the project which are satisfactory to the City, the City may at its sole option terminate this Agreement for all purposes or re -advertise for bids again. If a second advertising for bids occurs, and such bids are still unsatisfactory (in the sole discretion of the City), then City shall have the right to terminate this Contract for all purposes. V. After the construction begins, if it does so begin, the City may use the FORTY THOUSAND AND NO/lOO DOLLARS ($40,000'00) deposit to pay the contractor for part of the work done on the project. Vi. City shall be the sole judge as to whether the contractor has completed the project in accordance with the plans and specifications of the contract documents, and acceptance of such project improvements by the City. VIi' City shall maintain the portion of 82nd Street so constructed in accordance with the policies and regulations of the City, and customary and usual practices of the City in such maintenance. VIII' This Agreement shall not become effective until its execution by both City and Central, and the deposit by Central of the sum of FORTY THOUSAND AND NO/IOO DOLLARS ($40,000.00) with the City as hereinabove provided. If the construction contract is not awarded to a bidder by the City, or if the construction contract is not executed by the City, within six (0) months from the data of this Agreement, the City and/or Central have the right to terminate this Agreement and upon termination, Central shall be entitled to a refund of its FORTY THOUSAND AND NO/lOU DOLLARS /$40,000-00\ deposit from the City. EXECUTED as of the date first above written in the City of Lubbock, Lubbock County, Texas in duplicate, each duplicate copy having the dignity of an original, and being performable in the City of Lubbock, Lubbock County, Texas' uuly c/, 1�20tq Page 578 CITY OF LUBBOCK 8Y: B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney CENTRAL FREIGHT LINES, INC- TITLE: President DuriDg the Spring and Summer of 1988, the City received several complaints regarding the poor condition of the pavement on 82nd Street between U.S. 87 and Quirt Avenue. A review of the PAVER Output revealed that this 1-I/2 mile section of 82nd Street had a pavement condition index (PCI) of ten' (A PCI of O to 30 in indicative of pavement that is very poor to failed and in need of reconstruction.) Due to the volume of trucks that travel this section of 82nd Street, it was determined that a pavement with a 6" caliche sub -base, 3" asphalt stabilized base, and 2" of hot mix would be required to provide a ten-year life for the rebuilt street- It was estimated that the con- struction of this pavement structure from the Tahoka Highway to Quirt Avenue would cost approximately $441,000'00' In Summer, 1988, no funds were allocated for this project, and in an attempt to secure partial funding, Staff solicited funds from Central Freight Lines, Lubbock County, and two construction companies that frequently run heavy trucks over 82nd Street. Central Freight Linea agreed to provide $40,000 for reconstruction of the portion of 82nd Street between U.S. 87 and Ash Avenue, if the City could provide the remainder of the funding. These funds were not available until several projects were closed out and additional funds were put in the Permanent Street Maintenance Fund. The only requirement imposed by Central Freight Lines on the use of the funds is that they be used on the reconstruction of 82nd Street from U.S. 87 to Ash Avenue only and no special mainte- nance requirements are Contained in the Agreement. Approval of this agreement would authorize Staff to proceed with the design and construction of the project; and City funds in the approximate amount of $401,000 would be committed to the project from the fund balances in the Street Capital Projects Fund and the Permanent Street Maintenance Fund' July 61, 1"ol Page 579 Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Resolution #3162 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-579- 447 (24.) Consider request of Texland Petroleum for a bond reduction for Lif-Lubheirs No. 7. This is a routine request as provided in Section 24-128(a) of the City of Lubbock Code of Ordinances. When a well is completed, the permittee is entitled to a reduction in the Bond or Letter of Credit from $25,000 to $10,000. A letter requesting this reduction was submitted to the Planning Department on July 3, 1989. Drilling operations have been completed. Staff recommended approval of this reduction. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to approve request of Texland Petroleum for a bond reduction for Lif- Lubheirs No. 7 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (25.) Consider Resolution #3163 authorizing the sale o a parcel of land by the City Council and authorizing the Mayor to execute for and on behalf of the City of Lubbock a Quitclaim Deed i favor of Consolidated Federal Savings Bank. RESOLUTION #3163 WHEREAS, a parcel of land located in Section 10, Block E-2 to the City of Lubbock is hereby determined to be surplus to the needs of the City of Lubbock and can be sold, due to its size and shape, without bid procedures or publication to an abutting owner for its fair market value pursuant to Section 272.001 of Vernon's Texas Codes Annotated Local Government Code; and WHEREAS, said land has an appraised fair market value of $3,038.27 and an abutting owner, Consolidated Federal Savings Bank, has offered to purchase said land, and this City Council hereby determined that it would be to the public interest to sell said land to said abutting owner at said purchase price; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT said sale as hereinabove set forth in the preamble hereof is hereby approved. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Quitclaim Deed from the City of Lubbock unto the said Consolidated Federal Saving Bank, as Grantee, for a consideration of $3,038.27 in cash paid to the City of Lubbock by said Grantee, a copy of which deed is attached hereto and shall be spread upon the minutes of this Council, and as so spread upon said minutes shall constitute and be a part hereof as if fully copied herein in detail. uu/y 4/° 1zo,j Page 580 Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: B. C. McMINN, MAYOR APPROVED AS TO FORM: Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City Attorney QUITCLAIM DEED THE STATE OF TEXAS 8 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, hereinafter called "GRANTOR",for and in consideration of the sum of TEN AND NO/IOO ($lO.00) DOLLARS and other good and valuable consideration to GRANTOR in hand paid by CONSOLIDATED FEDERAL SAVINGS BANK, of Lubbock, Texas, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged" does by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto the said GRANTEE, all of GRANTOR'S rights, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to- wit: A tract of land located in Section IO, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of said Section 10 which bears S. 00102/48x West a distance of 30'00 feet from the Southeast corner of the Northeast Quarter of Section IU, Block E-2, Lubbock County, Texas; THENCE S. 00002/48x West along said Section ling a distance of 112.83 feet to a point on a curve; THENCE Northwesterly along a curve to the left, said curve having a radius of 820 feet, a central angle of 2116/33x, tangent lengths of I6.29 feet, and a chord distance of 32.57 feet to a point of tangency; THENCE N. 26057/14x West along a line parallel to and I05 feet distance from, measured at right angles to the Southwest right- of-way ]iDG of Quaker 8VeOUg, a distance Of 91.95 feet to a point on a curve; THENCE Northeasterly along a curve to the right, said curve having a radius of 15.00 feet, a central angle of 27000o30o, tangent length of 3'60 feat, and a chord distance of 7.01 feet to a point of tangency; THENCE S. 89054/44« East a distance of 49.02 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, its successors or assigns, nor any persons claiming under GRANTOR, shall at any time hereinafter have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. uu/y L/, lrov Page 581 WITNESS MY HAND AT LUBBOCK, TEXAS, this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated - GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of July, /s/ Olivia R. Solis Notary Public in and for Lubbock County, Texas M» Commission Expires November 30, 1989. This Resolution by Council authorizes approval of sale of a tract of land at the southeast corner of Quaker Avenue and 74th Street to the abutting property owner, and it also authorizes the Mayor to sign a Quitclaim Deed from the City of Lubbock to Consolidated Federal Savings Bank (formerly Sentry Savings). This piece of property was purchased for the widening of Quaker Avenue in April, 1982' The total size of the property is 5,2I1'20 square feet (or 0'I20 acres), and was acquired for $5,000 (or $0.96 per square foot). The City will retain the west I5/ of this tract for Quaker Avenue right-of-way and sell the remaining 3,I66'6I square feat (or 0.073 acres). The Right -of -Way Department values this 3,166'6I square feet at 0'8 per square feet for a sale price to Consolidated of $3,038'27' The Public Lands Article 5421 C-12, Section 2A states that small slivers of land may be sold to the adjoining property owner, who in this case is Consolldated. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3163 as recommended by Staff. Motion carried: 7 Yeas; 0 Nayo. uu|y 6/, vruz Page 582 (28') Consider Resolution #3164 authorizing to sign the Cover Sheet of the Plans prepared by the Texas Department of Highways and Public Transportation for a traffic signal installation at 34th Street and West Loop 289. RESOLUTION #3164 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 Cover Sheet for the plans and specifications as furnished by the Texas State Department of Highways and Public Transportation for traffic signal installation at 34th Street and West Loop 289- Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary /s/ David E. Woosley_ David E. Woosley, Traffic Engineer COVER SHEET FILED WITH RESOLUTION #3164 B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney These traffic signals are being installed by the State at their cost of an estimated $95,000. The City will then be responsible for maintenance of these traffic signals. The State plans on bidding this project this fall, and construction should be completed by next spring. Motion was made by Councilman Carpenter, seconded by Councilwoman Tre^o to authorize Resolution #3I64 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays' (27') Consider Resolution #3165 authorizing the Mayor to sign the Cover Sheet of the Plans prepared b the Texas Department of Highways and Public Transportation for a traffic signal installatio at Quaker Avenue and North Loop 289. RESOLUTION #3165 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 Cover Sheet for the plans and specifications as furnished by the Texas State Department of Highways and Public Transportation for traffic signal installation at Quaker Avenue and North Loop 288. ou/y 4/, lruz Page 583 Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ David E. Woosley David E. Woosley, Traffic Engineer COVER SHEET FILED WITH RESOLUTION #3165 B. C. McMINN, MAYOR /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney These traffic signals are being installed by the State at their cost of an estimated $105,000- The City will then be responsible for maintenance of those traffic signals. The State plans to bid the project this fall, and construction should be complete by next spring. Motion was made by Councilwoman Tr 'o, seconded by Councilman Patterson to authorize Resolution #3I65 as recommended by Staff' Motion Carried: 7 Yeas; O Nays' (28-) Consider Resolution #3166 authorizing the Mayor to sign a Lease Agreement with the U. S. Department of Commerce for the National Weather Service for space at Lubbock International RESOLUTION #3166 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 [ease Agreement with the United States Department of Commerce, National Weather Service for office apace in the Executive Terminal at Lubbock International Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail - Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney LEASE AGREEMENT FILED WITH RESOLUTION #3166 uu/y C / , Iron Page 584 The National Weather Service has for many years leased space in the Executive Terminal at the Lubbock International Airport, and their Lease is up for renewal. Negotiationshave continued to have some changes made which would reduce the airport expenses associated with the space. These changes were included in a cover letter with proposed [ease No. 06-7-02I-61I94 as follow: Term - 5 years --October l, I988 through September 30, 1993 Rental - 3,664 square feet at $2'723 per square foot per year � t9,977'76/vear Utilities - Department of Commerce pays utilities Miscellaneous - Department of Commerce provides for its own custodial service, supplies, removal of trash and garbage and is responsible for pest control, lawn and grounds maintenance as well as snow and ice control. Causing the delay in renewing this Lease, in addition to the inclusion of the above, was the requirement of certification of the absence of asbestos in the leased facilities. Duping the delay, the Lease has been allowed to carry over and rentals are current. TheAirport Board reviewed the proposed Lease renewal, with the inclusion of the provisions outlined in the referenced cover letter and recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3160 as recommended by Staff. Motion carried: 7 Yeas: U Nays' (29.) Consider Resolution #3167 authorizing accepting water and sewer improvements in Tract B, Caprock RESOLUTION #3167 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT B, CAPROCK ADDITION. WHEREAS, the developer of Tract 8, CaorOck Addition has complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $14,09I.87 with the improvements constructed by Utilities Contractors of America, Inc., having a value of $I2,361-90 as determined by the unit prices established by said Chapter 28, and $1,729.87 cash paid to the City, with Sun Builders Company, the developer, to receive a refund of $O'OO in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and uu/y c/, lzm= Page 585 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the ( 1 City Of Lubbock. SECTION 2' THAT this Resolution shall take effect and be in force from and after its passage' Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Wilford D. Watson /s/ J. Worth Fullingim Wilford D. Watson, Chief Water J. Worth Fullingim, Utilities Engineer Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations and is in conjunction with the Cap7pck Shopping -Center improvement activity. The total cost of the improvements is $14,091'87" including value of construction costs of $12,361'90 and $1,729.97 cash paid to the City' These improvements will provide the relocation of existing facilities, and there are no City costs involved. The developer has provided new easements to accommodate the new imprnvmnents. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Tre'o to authorize Resolution #3167 as recommended by Staff' Motion carried: 7 Yeas; O Nays. 89-48B-585-453 (3O-) Consider Ordinance #9294 amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regard to wastewater regulations. ORDINANCE #9294 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WASTE WATER REGULATIONS BY | | ENACTING A NEW ARTICLE III THERETO; PROVIDING A PENALTY; PROVIDING A - SAVINGS CLAUSE' AND PROVIDING FOR PUBLICATION. During the July 13 City Council work session, Staff presented proposed revision of Article 3 of the Lubbock Sewer Ordinance that will enable the City of Lubbock to comply with State and Federal regulations concerning wastewater collection. vu`Y L/, 1VoV Page 586 The objectives of the article revisions are as follow: TO prevent pollutants that will interfere or contaminate the wastewater system, to improve the opportunity to recycle and reclaim wastewater and sludges, to provide for equitable distribution of the costs of the wastewater system, and to protect the health and safety of wastewater personnel. Sewer service charges, including residential, commercial and industrial, will be determined by the same rate currently in effect, with an additional charge for effluent that has excessive grease. All industrial and Commercial users will be required to monitor sewage discharge with a metering device s0 the quantity Of sewage discharged can be determined and a correct surcharge assessed. In general, discharge that will be prohibited will include items that will interfere with the operation and performance of the Wastewater Collection and Treatment System, and also any discharge that will prevent the Wastewater Plant From meeting Texas Water Commission permit requirements. Industrial users will be required to obtain a Wastewater Contribution Permit from the City in order to connect or discharge into the Wastewater Collection System. The Permit will include pertinent information about the industry and the type of pollutants discharged. Violations of conditions of this Permit, conditions of the sewer ordinance, or State and Federal regulations will result in penalty including revocation of Permit. Some industries that are not able to meet discharge limits may be required to install pretreatment facilities' Companies that do install pretreatment facilities will also be asked to obtain a Wastewater Contribution Permit and will be subject to the same discharge limits as are those without pretreatment facilities. Disposal at the sewer plant will also be monitored. Discharge prohibitions will be the same for septic tank haulers as for industrial VSepS. Samples of septic tank waste will be taken and analyzed and those found to be high in 8DD or total suspended solids will be surcharged. A minimum dump fee will be charged each time a septic hauler empties at the Wastewater Reclamation Plant according to the volume emptied. ID the event there is a discharge which may cause substantial endangerment to the health of persons, or the treatment plant process or facility, the City may suspend wastewater treatment service or the Wastewater Contribution Permit' Any user notified will be asked to immediately stop discharging into the wastewater system, and if compliance is not maintained, the City will be prepared to take three steps: uu/y L/, lvov Page 587 l' Issuance of a "warning notice"; 2. Issuance of a "violation notice" after thirty days of non- compliance; 3. Issuance of a "final violation notice" followed by a compliance meeting after thirty days with the industry to mgg why compliance has not been met. If non-compliance continues, the City will have the option of taking legal action against the user by charging a fine up to $1,000 a day per offense. Staffrecommended revision of this article to ensure the health and safety of Lubbock citizens, Wastewater Treatment personnel and Wastewater Treatment Plant equipment and processes. Improvement in monitoring of discharge wastewater pollutants will help ensure a high quality and more efficient wastewater facility. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tgm Baker to pass on first reading Ordinance #9294 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 88-488-587- 454 (31') Consider Resolution #3168 authorizing the Mayor to sign Change Order No. 1 to Contract with ABB Electric on the Texas Tech Cogeneration Sub - RESOLUTION #3168 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 Change Order No. I to Bid No. 9889, Texas Tech Cogeneration Substation, by and between the City of Lubbock and AB8 Electric, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail - Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Ru«6, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager of Utilities B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney uw`Y C', 1VOV Page 688 CHANGE ORDER NO. l TO BID NO. 9999 TEXAS TECH COGENERATION SUBSTATION TO: AB8 Electric 400 South Prairie Ave' Waukesha, Wisconsin 53I86-5937 Gentlemen: WHEREAS, it is desirable to make changes in the contract for this project, being namely the following: Provide controls, metering and protective relays for all maintenance position circuit breaker cubicles. WHEREAS, the Contractor herein agrees to the following change: Add one circuit breaker control switch (52C3) to each sNitchQear building to control the maintenance position breakers in each building. Add one three phase and ground nvercurrent relay per switch gear building for uvercurrent protection of all maintenance position circuit breakers' Add one digital ammeter and ammeter switch to each switch gear building to monitor all maintenance position circuit breakers. Delete the recording ammeter and ammeter switch for the 15KV tie breaker. Add one set of 1200:5 MR, C400 current transformers to each of the two 09KV line breakers' Add a single phase digital ammeter on the 12KV side of each of the two transformers. Add a single phase current transformer in the test position of each of the two I2KV main breakers for metering. Add an AVR relay in each active breaker position and one AVR relay and one amber light for all test positions in each switChgear building. Delete the phase distance fault detectors from the two 69KV line breaker relay schemes. Delete the separate lockout relays for the 69KV breaker failure scheme (86BF) and 68KV VVerVVltage scheme /86-59\. The contract amount will be increased $8690'00 resulting in a new contract amount of $2,364,690'00 THE AGREEMENT WI3NESSETH: The Owner and the Contractor agree to the change shown herein. The Contractor agrees to proceed with the addition of the required controls, metering and protective relays. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set the hands this 2Iat day of July, 1989' A8B ELECTRIC (Contractor) July G/, 1y8y Page 589 By:/s/ B. C. McMinn B. C. McMINN, MAYOR RECOMMENDED FOR APPROVAL: CITY OF LUBBOCK (Owner) Attest:/s/ Ranette Boyd Ranette Boyd, City Secretary /s/ Carroll McDonald /s/ Donald G. Vandiver Carroll McDonald, Assistant Donald G. Vandiver, First City Manager of Utilities Assistant City Attorney Under the Texas Tech Cogeneration Substation Contract, the vendor is responsible for furnishing all equipment and the detailed plans and design for the project. The Contract documents contain basic system layouts and detailed equipment and performance specifications. As the detailed electrical control and wiring diagrams have developed, it has become apparent that some additional controls and devices are required. The changes and amounts to be considered are as follows: 1. Add one control switch in each switchgear building to operate the maintenance bypass circuit breakers at a cost of $120 per building. Add $ 240 2. Add one set of three phase and ground overcurrent relays to each switchgear building to provide overcurrent protection for the maintenance bypass circuit breaker positions. The relay cost per building is $2,930. Add $5,860 3. Add one ammeter and ammeter switch for each switchgear building to monitor currents in the maintenance bypass circuit breaker cubicles. The cost per building is $400. 4. The contract documents indicated a recording ammeter was required for all active circuit breakers. The bus tie circuit breaker between the two switchgear buildings will not need a recording ammeter. Deduct $1,600 5. The contract documents did not indicate separate current transformers on the 69KV line breaker for telemetering of 69KV line currents and did not indicate ammeters and CT's for metering of the 15KV main and generator breakers both normal and test positions. The contract uu/y 4/, 1".j Page 590 documents also did not include provisions for remote alarming of gas insulated circuit breaker gas pressures. Add $7,040 G' The contract documents specified a fault detector to supervise the operation of phase distance relays and indicated separate lockout relays for breaker failure schemes and 68KV overvo]tage schemes. It has been determined that these relays are not required. DeductTotal Add $8,690 The reasons for these changes are as follows: l' Each substation high voltage circuit breaker cubicle is divided into two sub -cubicles, one for the active circuit breaker and one for a spare or maintenance 6xnaos circuit breaker' The contract drawings did not show a control switch (52C3) for these maintenance circuit breaker positions. A control switch is necessary to operate the circuit breaker. To reduce the coat of this change, Staff propose to use a single control switch to operate all maintenance position breakers in a single building- It is anticipated that only one circuit breaker would ever be bypassed at any one time. 2' The contract drawings did not show protective relays for the maintenance bypass circuit breaker positions. Should a short circuit occur in the distribution system while a circuit breaker is bypassed for maintenance or testing, severe damage and a total outage to the substation could result' Protection must be provided for these circuit breakers. To reduce the cost of this change, Staff propose to use a single set of relays to protect all maintenance bypass circuit breaker positions. It is anticipated that only one circuit breaker would ever be bypassed at any one time. 3, The contract drawings did not show an ammeter for the maintenance bypass circuit breaker position' As an operational procedure it will be uu/y 4/, I-Joz Page 591 necessary to confirm that the bypass circuit breaker is closed and is carrying the bypassed load prior to opening the circuit breaker under teat' This confirmation can only be given by an ammeter in the maintenance bypass position. To reduce the coat of this change, Staff proposed using a single set of ammeters to monitor all maintenance bypass circuit breaker positions. It is anticipated that only one circuit breaker would ever be bypassed at any one time. 4. The bum tie circuit breaker will only be used during transformer maintenance or emergency con- ditions. The recording ammeter shown on the drawings would be redundant since its load can readily be determined by summing the values shown on up -stream and down -stream recording ammeters. To help offset the cost of other changes, Staff proposed to eliminate this meter' 5. Separate metering CT/s are required for 69KV line currents to assure that an equipment failure in a metering circuit will not jeopardize the performance or operation of a protective relay scheme. Digital ammeters must be provided for all circuit breakers in both the normal and maintenance 6«paaa positions. Configuring the normal and maintenance bypass circuit breaker condition monitors to give separate alarms as well as provide remote signalling of abnormal conditions will require auxiliary relays. These functions were not addressed in the contract dncumenty- 6' The requirement for fault detector supervision of the phase distance scheme and the separate lockout relays resulted in the control system design being overly complex- The improvement, if any, in system reliability appeared to be reduced or compromised by the increase in wiring and loss of control panel apace' It was therefore determined that omission of these devices would not drastically impact the quality or capability of the system. According to Staff memo, the proposed changes are necessary to assure safe and reliable operation of this major generation and distribution ou/Y C/, lvov Page 592 substation. Contractual obligations with Texas Tech University demand that this Substation have high reliability and be capable of being maintained without shutdown of the generating plant. It was 8taff/s recommendation that these costs are reasonable and that Council should authorize these changes to the original contract documents. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3168 as recommended by Staff' Motion carried: 7 Yeas; O Nays' (32') Consider Resolution #3169 authorizing the Mayor to sign Change Order No. 1 to Contract with Fru- Con Construction Corporation on the Texas Tech Cogeneration Project. RESOLUTION #3169 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 Change Order No. 1 to 8\d No. 9905 by and between the City of Lubbock and Fru-Con Construction Corporation for a 21 Megawatt Cogeneration Project at Texas Tech University, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution an if fully copied herein in detail' Passed by the City Council this 27th day of July, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager for Utilities B. C. McMINN, MAYOR "Mila "If /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CHANGE ORDER NO. 1 TO BID NO. 9905 21 MEGAWATT COGENERATION PROJECT TO: FRU-CON Construction Corp. 15933 Clayton Road -West Ballwin, M0 630I1 Gentlemen: WHEREAS, it is desirable to make changes in the Contract for this project, being namely the following: Provide a potential transformer in the Stewart and Stevenson generation package to interface with those supplied by the substation manufacturer. uuly 4/, 1ron Page 593 WHEREAS, expend necessary resources to complete engineering, procurement and installation of potential transformer. Completion of theme items will make the project compatible for synchronization' The Contract amount will be increased $5,658-00 resulting in a now Contract amount of $I4"855,553'00' THIS AGREEMENT WITNES3ETH: The Owner and the Contractor agree |-� to the change shown herein' The Contractor agrees to proceed with expedited fabrication of the equipment in accordance with the plans and specifications. Furthermore, the parties agree that the original Contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 27th 6a« of July, 1989. FRU-CON CONSTRUCTION CORPORATION (Contractor) CITY OF LUBBOCK 8»: B. C. McMINN, MAYOR APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager for Utilities FRU-CON 15933 Clayton Road West Ballwin, Missouri 630I1 314-39I-6700 Telex 193168 CLIENT: City of Lubbock PROJECT: 21 MW Cogeneration Project LOCATION: Texas Tech Campus, Lubbock, Texas Ranette Boyd, City Secretary /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney PROJECT NO. L-9905 - 408491 DATE: July 7, 1989 Change Order Request No. 01 covers the following change in contract Add one line side Potential Transformer (PT) to the line side of the Main Generator 8reaker, This Potential Transformer will be included inside the Main Generator Breaker. The PT that will be provided is a G. E. model 765X3OG5I, single Bushing Potential Transformer with a 7200/I20 VKatio. The price reduction for the synch -check relay has been taken into account in establishing the total price' This change will delay the Mechanical Completion of this project by O days. Individual minor modifications may appear to have no impact on the completion schedule, manpower peak, etc,, but collectively several such changes would' Contractor reserves the right to periodically review the cumulative effect of minor modifications and to make request for price or schedule adjustments. It is hereby agreed the price for the above work will be: uu/y 6/, ltmzl Page 594 The lump sum of $5,658. Client to sign below as authorization to proceed with the Wmyk and adjust the contract price. Signed copy to be returned to Fru-Con's Project Manager' ISSUED BY: Date: July 11, 1989 Fru-Con's Project Manager AUTHORIZED BY: /s/ B. C. McMinn Date: July 27, 1989 MAYOR Specifications by Power Projects and those used to purchase adjacent substations have resulted in noncompat1ble systems- Power Projects specified a phase -to -phase potential transformer for synchronizing, which is the normal method for gas and steam generation. The Citv/o system uses a phase -to -ground potential transformer that is standard for diesel engine generators. Evolution from diesel generators to steam turbine generators required keeping the old synchronizing scheme. Thischange order in the amount of $6,658 will cover the cost to purchase an additional potential transformer, including engineering and installation and will make the two synchronizing systems compatible' Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3168 as recommended by Staff' Motion carried: 7 Yeas; O Nays' 88-488-594'456 (33-) BID #10265--Insecticides (Health Department). Reeves Exterminating Equipment, Carrollton--I,100 gl- Cxthion, 91%; 30 gl. Ind -Sol ULV 422 Rgamethrin. Public Health Equipment Supply, San AnLonio--200 gl' Bacillus ThupiDgieDsis, Stereotype H-14' Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays, /34,\ BID #10253--34th and Quaker concrete intersection, and authorize same (Streets RESOLUTION #3170 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 by and between the City of Lubbock and Rhode Construction Company for the 34th Street and Quaker Avenue concrete intersection, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council uu/y c/, lzmv Page 595 shall constitute and be a part of this Resolution as if fully copied herein in detai7- Passed by the City Council this 27th day of July, 1989. ATTE3T: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 25th day of Max, 1988 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereUntu authorized to do so, hereinafter referred to as OWNER, and Rhode Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR- WITNES3ETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10253 - 34th STREET AND QUAKER AVENUE CONCRETE INTERSECTION FOR THE AMOUNT OF $3I6,767'I8 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials" supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents' The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. vu/y c', lvov Page 596 ATTEST: Secretary APPROVED AS TO CONTENT: /s/ Jerry Smith Secretary COMPLETE ADDRESS: RHUDE CONSTRUCTION COMPANY, Inc' 8207 Ithaca, Box 53370 Lubbock, Texas 79453 CITY OF LUBBOCK, TEXAS (OWNER) B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard RHODE CONSTRUCTION COMPANY CONTRACTOR By: TITLE: President Rhode Construction Co' Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #3I70 as recommended by Staff. Motion carried: 7 Yeas; O Nays' 89-488-596-458 (3g') BID #10229--Annual tool bid (Central Warehouse). Amarillo Hardware Co.--I,000 12u-18T hacksaw blades; 80 6" slim taper files; 60 7» extra slim taper files; 60 8" extra slim taper files; hO 6" mill bastard file; 60 8" mill bastard file; 80 lOx mill bastard file; 00 12" mill bastard file; 50 14" mill bastard file; GU 16» mill bastard file~` 00 8" round bastard file; lO« yOUDd bastard file; 12u round ���t8y� file; 50 l4u round bastard file; OO 14" horse shoe rasp; 60 3" Philips screwdriver; 200 long handle round shovel'" 60 3 lb' double face slg6oe; 60 4 lb' double face sledge; 100 36n -� pick handle; 80 5 lb' railroad pick leas handle; OO 5 lb' Pick Matok w/o handle; 60 sledge hammer handle; IOO 6" #3 Philips screwdriver; 50 drain spade shovel; IOO 12" machine hammer handle; 100 5/ rake handle; lOO garden rake; 100 16 oz. Claw hammer w/fiber8laao handle; 100 0"/ straight pipe wrench; 100 6" standard screwdriver; |OO 10x adjustable WreOch^,IOO 12" adjustable wrench; GO I5» adjustable wrench;6O scoop shovel; I00 #lO aluminum scoop; 100 Go combination pliers; IUO 8" AC crescent wrench; 6" Crescent T wrench; 60 12" hacksaw frame; 60 8" standard screwdriver; 48 14" rigid pipe wrench; 48 12o rigid pipe wrench; 48 14o offset pipe wrench; 48 7-I/2n needle nose pliers; 48 8-1/2o linemen's pliers; 48 10x adjustable pliers; 48 I/2X8/16 ratCheting wrench; 48 10" standard screwdriver; 48 12u chain wrench; 48 #26 weed cutter; 48 24" pipe wrench; 48 lBo pipe wrench; 60 lG" tongue & groove pliers; hU 4/ handle for post hole digger; 24 1-1/6 x 1-I/4 ratcheting wrench; 24 lOx vise grip; 48 10x pipe wyeOCh~, 48 snow shove]; 60 27" shovel handle; 48 15" chain wrench; 48 14" chain wrench; 48 IO " cabinet tip screwdriver; 48 6" cabinet tip screwdriVer', 48 8" cabinet screwdriver; 38 3-I/2 ' uu/y 4/, InOV Page 597 lb' single bit axe; 36 double bit axe; 60 36" axe handle -single bit; 60 36" axe handle -double bit; 36 metal handle for post hula digger; 48 concrete saw blade; 145 l8u standard screwdriver; 48 8/ O.D. tape; 48 20x measuring tape; 48 16' measuring tape; 60 lO/ measuring tape; 36 IOO' measuring tape' Hoster/s Hardware--60 6" round bastard file; 48 post hole diggers w/wuud handler. Mac Austin Co'" Inc.--100 24 oz' ball pein hammer; I00 32 oz' ball pein hammer; 48 7" diagonal pliers; 24 36^ aluminum pipe wrench; 36 I/2x drill index. Cummins Supply, 8marillo--60 curved look blade �/ knife', hO cant hooky; 48 3/8 u 16 ratrhetinQ ' ' wrench'" ~ 48 �/8 X 3/4 ratchetin wrench; 48 7/8 x 13/I6 ratcheting wrench; 48 IIIG x 3/4 ratchet\ng wrench; 145 Klein skinning knife; 48 6/ folding rule. Payless Caahwaxu--1,000 12o-24T hacksaw blades; 60 8" half round bastard file; 60 10u half round bastard file; 60 12" half round bastard film: 00 14n half round bastard file; OO curved non - folding knife; 60 8 lb' double face hammer; 80 16 lb' double face sledge; hO 10 lb. double face sledge; 200 14o machine hammer handle; 200 IGx machine hammer handle; hO cant hook handle; 60 5/ weeding hoe handle; lOO weeding hoe; 60 #2 square point shovel; 100 4" standard screwdriver; IOO long handle square shovel; IOO 48" shovel handle; IOO 8" straight pipe wrench; IOO sweep broom rake; 38 heavy duty weed cutter; 60 3" standard screwdriver; 24 18x chain wrench; 48 I-1/2u fire hydrant wrench; 24 18" ' adjustable wrench: 48 long handle hay fork; 18 48" aluminum pipe wrench; WO nut driver sat^, 60 13 oz. claw hammer handle; 00 I411 claw hammer handle~ Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize low bids meeting specifications. Motion carried: 7 Yeas; O Nays' 89-488-587-459 /36.\ BID #10257--For Sale - Houses and improvements to be moved (Right of Way). Robert Glasscock, 3hallowater--2902 Duke; 2902 Emory; 2901 Emory' J. L. Daxis--2902 Erskine; 2902 Grinnell; 290I Grinnell --tie bid awarded on this item (NV' 9)' C & W House Movers, Inc'--2901 Dartmouth; 2902 Fordham' Tony Mota, Jr'--2902 Fordham' Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize low bids meeting specifications and after a drawing, awarding to J. L. Davis tie bid on Item #9--290I Grinnell' Motion carried: 7 Yeas; 0 Nays' ^uw a'" lvov Page 598 89-48B-598-460 (37.) BID #10268--Boom-truck conversion (Garage Department) - American Equip. & Trailer --Truck conversion --boom truck to truck cab and chassis. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 89-48B-598-461 (3B') BID #10261--Protective clothing (Fire Waxest Safety, Dallas--5 aluminized turnout coats' 30 Numgn turnout coat' Casco Industries, Channelview--6 aluminized Nomeu fire hoods; 8 aluminized Nomox turnout pants; 6 aluminized Nomen gauntlet gloves --tie bid awarded on this item (No. 3\; 72 service gloves. Halprin Fire Equipment Co., Los Angeles, CA--30 Nomex turnout pants; 80 service knee boots; 40 service hip boots; 30 fire helmet. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize low bids meeting specifications and after a drawing" awarding the tie bid to Casco Industries on Item #3--5 aluminized NomeX gauntlet gloves. Motion carried: 7 Yeas; O Nays' (l3.) 44th Street) --Hold a Public Hearing to consider request of M & M Auto Sales for zoning change from R-2 to C-4 on Lot 2C, Block 5, Syfrett ORDINANCE #9295 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2632; 8 ZONING CHANGE FROM R-2 TO C-4 ZONING ON LOT 2C, BLOCK 5, SYFRETT SUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY` PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Harold Massey, owner of M & M 8UtV Sales, presented request to rezone to C-4 a lot zoned R- 2 (located directly west of his existing C-4 used car lot). A small house that is deteriorated will be removed, and a new cinder block security fence will create an area for storage of additional Vehicles with View from the public right-of-way. An area adjacent to 44th Street will remain outside the fence for off-street employee parking. The proponent has submitted a simple Site Plan with the request. No one appeared in opposition to this request' Mayor McMinn closed the public hearing at 10:31 UUly 41, lvo7 Page 599 Assistant City Manager Jim Bertram gave the adjacent land uses as follows: North - Single family and commercial South - Commercial East - Commercial West - A duplex Owner of the duplex located west of this lot attended the P&Z hearing and had no objections to the proposal. According to Staff memo, the area along Avenue Q is commercial on the 1986 Comprehensive Land Use Plan. By fencing the property into the existing lot, any increased effect of expanding the commercial zoning should be minimal. The single neighborhood objection on file prior to the hearing noted an on -street parking problem caused by the used car lots, and this request is specifically aimed at increasing off-street parking spaces. The area across the alley to the south is zoned C-4 and this re -zoning would create a straight boundary on that block. The Planning and Zoning Commission and City Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9295 as recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-599-463 (15.) ORDINANCE #9296--Zone Case #2634 (located 5124 oycn -)ti.reet., near, anu D1G0 oyILII 3LreeL, Kear)-- Hold a Public Hearing to consider request of John D. Abney for zoning change from C-4 to C-4 Specific Use (for a 250' radio tower) on a portion of Tract 0, Fiesta Autoland Addition. ORDINANCE #9296 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2634; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT FOR A 250' RADIO TOWER ON A PORTION OF TRACT Q, FIESTA AUTOLAND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. John Abney and John Ward appeared on behalf of Cellular One to present this request for zone change. No one appeared in opposition to this request. Mayor McMinn closed the public hearing at 10:34 a.m. Assistant City Manager Jim Bertram stated that adjacent uses are commercial in all directions. The area is commercial on the 1986 Comprehensive Land Use Plan. No opposition was expressed by adjacent owners at the Planning and Zoning Commission hearing. uu/y 4/, 1"r Page 600 The Planning and Zoning Commission and City Staff recommended approval' Radio and television aerials, because of height, are placed in the Specific Use Section of the Code which provides a public hearing on a case - by -case basis. The aerial request by Cellular One is approximately 250' tall with no guy wires' Engineering and construction requirements are controlled by the FCC. The proponent assured the P&Z Commission that the wind rating and other engineering specifications are more than adequate for Lubbock. As a comparison, the tower used for City communications at the 79th Street and Slide Road fire station is similar in height' Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9296 as recommended by P&Z and Staff. Motion carried: 7 Yeas; O Nays. 89-48B-600-464 (I6') ORDINANCE #9297--Zone Case #2261-B (located south of Southwest Loop 289 and Chicago Avenue) --Hold a Public hearing to consider request of Henry L. Huneke (for H. A. Sessions) for zoning change from A-1 to GO and C-2A to C-2 on tracts out of Section 28. Block E-2. ORDINANCE #9297 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 226I-8; 8 ZONING CHANGE FROM A-1 TO GO AND C-2K TO C-2 ZONING ON TRACTS OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Henry Huneke appeared on behalf of H. A. Sessions to present this request for zone change- The proponent wishes to upgrade the existing C-2A to C-2 and the existing A -I to GO. No one appeared in opposition to this request' Mayor McMinn closed the public hearing at 10:38 Assistant City Manager Jim Bertram gave the adjacent land uses as follows: North - Loup 288 and South Plains Mall South - Apartments and vacant R-2 East - Apartments West - Vacant R-2 According to Staff, the request is compatible with the 1986 Comprehensive Land Use Plan, and with the condition recommended by the P&Z Commission, it is also compatible with zoning policies- The tract at Loop 289 and the west side of Chicago is in contract for a furniture store, which requires C-2' Mr' Huneke stated the propoDeDt/s desire to adjust all the z0DiUA within one request. uu/y C/, lvow Page GOI The vacant K-2 to the south and west is owned by Mr' Sessions" and the apartment tract to the south and east is fully developed. The Planning and Zoning Commission and City Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Tr 'o to pass on first reading \`1 Ordinance #9297 as recommended 6« P&Z and Staff' |� -^ ^—~ Motion carried: 7 Yeas; U Nays. (I7') ORDINANCE #9298--Zone Case #922-B (located southeast corner of 50th Street and Avenue Q)-- Hold a Public Hearing to consider request of Henry L. Huneke (for H. A. Sessions and Double H Corporation) for zoning change from R-1 Specific Use to C-4 on Lots 1 and 2, Huneke Addition. ORDINANCE #9298 ANORDINANCE AMENDING ZONING ORDINANCE NO. 7O84AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE ', NO 9�2-B` 8 ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4 ZONING ON -- LOTS I & 2, HUNEKE ADDITION, LUBBOCK, TEXAS: SUBJECT TO CONDITIONS; PROVIDING A PENALTY-` PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Henry Hungkg appeared on behalf of H.A. Sessions and Double H Corporation to present this request for zone change' According to Staff memo, for the past several months, they have discussed with the proponent what zoning request would be appropriate at this corner of 50th Street and Avenue Q. The 1962 zoning for R-I Specific Use limited the tract to "motel and associated uses." Over the years, the interpretation of "associated uses" has resulted in some spirited discussions; therefore, Staff encouraged Mr' HVneke to file a new zone case to bring the property under jurisdiction of an identified zone district. No one appeared in opposition to this request. Mayor McMinn closed the public hearing at 10:40 Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - Commercial South - Commercial East - Commercial West - Commercial According to Staff memo, the I986 Comprehensive [and Use Plan indicates this area is for commercial use. Since the zone request is C-4, and the 50th Street and Avenue O location will maintain a high profile as I-27 is complete, Mr' Huneke presented a "strike list" of C-4 permitted uses which includes the following: uu/y e:/, 1-inf Page 602 l' Agriculture implement sales 2' Automobile body shops 3. Billboards 4' Canvas goods shop, tents 5' Commercial private clubs and teen clubs 8. Dairy supply deal 7. Electric equipment repairs 8- Feed store 9' Frozen food locker lO' Used furniture store lI' Game room, pool hall, billiards 12. Golf driving range 13. Greenhouse and plant nursery 14' Hot tamale plant 15. Lumber yard 16. Mobile home sales 17. Monument sales 18. Motorcycle shop 19. Night clubs, bars 20' Portable building sales 21. Rental store 22- Rental store, heavy equipment and trailers only 23' Road machinery sales and service 24. Second hand goods, pawnshop 25. Trailer and truck sales, rental 26' Utility trailer and truck rental. Mr' Hunehe advised that the buildings are going to require major upgrade in the future, and the intent is to enhance the permitted uses at the site through rezoning as the character of the center changes. He further advised that the owner has every intent of maintaining a quality development. 3taff'm concern is that any major remodeling or new buildings outside the existing uses requires Site Plan approval by the Planning and Zoning Commission prior to issuance of a building permit. With the exclusions removed, the permitted uses would be subject to the following conditions recommended by the Planning and Zoning Commission: A. That a Site Plan, including building elevations showing materials, color and texture shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a Building Permit for any new or redevelopment of the property. ou/Y r-', L VU= Page 603 B. Limited to the following permitted uses: (1) Any use conditionally or unconditionally permitted in the oC-2A», oC-2u or xC-3x districts; /2\ Ambulance service; (3) Automobile brake shop; /4\ Automobile glass shop; (5) Automobile seat cover and upholstery shop; (6) Automobile transmission shop; (7) Automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use); (8) Barber and beauty shop supply dealer; /9\ Boat and boat trailer sales and service; (10) Builders supply - All materials must be in a building; station; �u� �ll\ ` ' , (I2) Cafe supply dealer, fixtures; (I3) Candy plant; /I4\ Dance hall (no mixed alcoholic beverage sales permitted); (I5) Garage, public, repair - (Outside storage of customer automobiles authorized) All work and separate parts shall be inside a building; (16) Garden center; (17) Gasoline service station - (Business permitted outside of building and outside displays of products permitted within three feet of the building); , /l81 Hotel or m���l' . , /I91 Janitorial or cleaning service; (20) Job printing and lithographing; (2I) Laboratory, chemical, general analysis; (22) Laundry, commercial; (23) Linen and towel supply service; (24) Magazine agency; UUIY L/, Ivov Page 604 (25) Muffler shop; (26) Nonprofit training centers with retail sales; (27) Pest control service; (28) Print shop; (29) Produce market; (30) Public kennel (totally within a building); (31) Restaurants (Business permitted outside of building); (32) Restaurants, with the sale of alcoholic beverages as an incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. (33) Secondhand or used car sales lot, not including wrecking and repairing, but including minor tuning; (34) Sign shops, limited to window lettering, painted wall signs, banners and desk signs; (35) Store fixtures sales (no manufacturing permitted); (36) Swimming pool, commercial or sales (Business permitted outside building); (37) Upholstery shop - Furniture; (38) Veterinary hospital (totally within a building); (39) Wholesale house, sales office and storage - No cotton storage; Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to pass on first reading Ordinance #9298, stipulating Conditions A & B above, as recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. (14.) ORDINANCE #9299--Zone Case #1172-A (located 202 Avenue S)--Hold a Public Hearing to consider request of Troy and Nelma Bowers (for Gabriel Nunez and James Tokar) for zoning change from R- and C-3 to C-4 on Lot 1 and the north 30' of Lot 2. Block 28. Beck Subdivision. ORDINANCE #9299 ou/y c/, luov Page 605 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. , ll�2-A^ A ZONING CHANGE FROM R-I AND C-3 TO C-4 ZONING ON LOT 1 AND THE NORTH 30/ OF LOT 2, BLOCK 28, BECK SUBDIVISION, LUBBOCK, , TEXAS' PROVIDING 8 PENALTY', PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. No one appeared to present this request for zone change; however, Council agreed to hold this hearing. Staff memo indicated the City participated with Mrs. Bowers in filing this request to help eliminate a miscommunication about the allowed Uses on the property. The transmission service facility currently in operation is not an allowed use in the existing C-3 zone, and the surrounding area is developed with Many diverse heavy uses. No one appeared in opposition to this request. Mayor McMinn closed the public hearing at 10:43 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - Commercial South - Apartments East - Apartments West - Duplex or single-family - zoned R-2 According to Staff, the area along the Clovis Road is recognized as commercial by the 1986 Comprehensive Land Use Plan' The transition from C-3 to C-4 does add a number of heavier uses, but they are not out of context with adjacent commercial' The tract remains buffered from adjacent R-1 by R-2, R-3 and A-2, suggesting that Plan policy for buffering remains in effect at this location' The Planning and Zoning Commission and City Staff recommended approval' Motion was made by Councilman Patterson, seconded by Councilwoman Tpe'o to pass on first reading Ordinance #9299 as recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. (18') ORDINANCE #9300--Zone Case #1658-B (located south side of Main Street, Avenue X to University Avenue) --Hold a Public Hearing to continue request of Planning and Zoning Commission for zoning change from C-4 to C-2 on Lots 1-12, Bloc 99, Overton Addition. ORDINANCE #9300 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. ' lh58-8' A ZONING CHANGE FROM C-4 TO C-2 ZONING ON LOTS I-I2, BLOCK 99, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY' PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. UUIY C/, Ivou Page 606 Councilman Carpenter asked approval of the City Council to abstain from discussion and voting on this item due to perceived conflict of interest. A. B. Watkins, President of North Overton Neighborhood Association, urged Council support for P&Z recommendation. No one appeared in opposition to this request. Mayor McMinn closed the public hearing at 10:47 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - Apartments South - Commercial East - Single-family West - Texas Tech According to Staff memo, several owners of property within the half block strongly objected to the process of removing leasing options available under C-4 that do not exist under C-2. Lots 1 and 2, owned by Mr. Kallas, were in Zone Case 1649-A on the June 8 City Council agenda. That zone case, a Specific Use Permit request for Adult Entertainment, was denied and resulted in this case being filed on behalf of the Planning and Zoning Commission. Staff reviewed the background of zoning in the area. The area between the alleys south and north of Broadway was zoned C-4 for a long time and was zoned C-2 in 1975. The property in this case along Main, between University and Avenue X, was rezoned from C-3 to C-4 in two zone cases in 1970. The objective for the C-4 zoning in 1970 was correct zoning for two private clubs, and presently, three bars and a blood plasma center exist on this half block. There is not adequate off-street parking for any of the businesses in this half block. A request filed by the Staff in 1984 (from C-4 to C-2) was continued by the Planning and Zoning Commission in December, 1983 and denied in January, 1984. The case was not appealed to the City Council. The basis of the 1984 Staff request for a zone change was at the direction of the Overton North Neighborhood Analysis. The City Council appointed the Overton North Committee, which made a direct reference for downzoning the C-4 in question to C-2. The objective is to phase out the C-4 tenants along this strip and promote a less intense use of the property than is allowed in the C-4 District. A quote from the purpose section of the C-4 District accents why the land should not be zoned C-4: "Because of the heavy commercial nature of the permitted uses, compatibility with adjacent residential areas should be carefully considered." uu/y L', 1Vqr Page 607 The half -block is commercial on the 1985 Comprehensive Land Use Plan. Another item relevant from the current plan, which was not in effect in I870, is #3 under Commercial and Industrial: "Commercial land uses which servo a city-wide Or regional market (C-4) shall be located on regional thoroughfares or expressways." C-4 is not compatible with the area. Several of the opponents have contended that the effort to clean up Overton is being started on this block and will deny rental opportunities without furthering the cause. Itwas 8taff/o opinion that this zone case is a positive move in the Citv/s intervention in the deterioration of Overton' From the Police Department to Codes Enforcement, with the assistance of two active neighborhood associations and the new Lubbock Center Corp" a large amount of resources have been committed to the area. Additionally, the recently adopted RTKL Downtown Study, which looked at Overton as an important side issue to the health of downtown, also supports the lessening of zone districts as a means to reduce deterioration. The PR Commission was reminded that the existing businesses are to remain as legal non -conforming if the zoning is changed, and to become illegal, the use must lapse for one year or be destroyed by 75% or more. Staff received 20% written opposition to the zone case: therefore, a 6/7 vote of the Council was required to uphold the Planning and Zoning Commission. Staff recommended Council approval. Mayor Pro Tgm Baker stated that Mike Klein had written a letter advising that Lots II and 12, Block 99 should not have been included in the zone case, and requesting that Council exclude them at this hearing' She read a portion of the latter from Mr' Klein as follows: "Previously in January, 1984 when the request for the zoning change had been made, I was informed that Lots II and 12, Block 99 (lIOI and 1I09 University Avenue) were incorrectly included with the Main Street properties' On Monday, May 22, I989, I was again informed that my property was not an issue with the C-4 Co C-2 zoning change; therefore would you please make this correction?" Assistant City Manager Jim Bertram said he concurred that changing zoning on these lots is not as big an issue as on other property in this Case, because it is adjacent to University Avenue which is a major thoroughfare. Mr' Bertram then pointed out that this is the only C-4 zoning in that stretch, so it therefore is a logical part of this case. Mayor McMinn asked if P&Z included these lots in their ruling and recommendation, and Mr. Bertram replied that they did' Mayor Pro Tem Baker then asked if it was possible to leave Lots II and 12 as C-4 with the restrictions included, and down Zone the remaining property to C-2. Mr. Bertram said that uu/Y c', IVOV Page 608 once there is an active case, Council has authority to make that concession. Mayor McMinn pointed out that that would be the only C-4 along University, and Mr' Bertram concurred saying that the other properties are zoned C-2 or C-3' Mayor McMinn restated Mayor Pro Te0 Baker's question, and Councilman Patterson asked City Attorney John Rosa to comment. Mr' Rosa said that the Came is referred to Council by the P&Z Commission after following procedure set by State Law' Mr' Bertram said that the ruling in the past has been that once a case has been filed, the existing ZVDiDg may be made more restrictive, but not leas restrictive, and mince in this case, the property is open C-4, Council would be making it more restrictive by limiting the C-4 uses on those tracts. He commented further that it is within Council'n authority to honor Mr. Klein's request, if it is desired to du so. MayorMcMinn addressed Mika Klein, who was in the audience, advising him of the options before Council, and asked whether or not he had been advised that these two lots were included in the case. Mr' Klein replied that he had been notified. Mayor Pro Tmm Baker made a motion, seconded by Councilman Maluy to uphold the recommendation of the Planning and Zoning Commission, deleting Lots 11 and 12, Block 99 from the zone case and leaving them C-4 with restrictions agreed to by Mike Klein. Councilman Phillips asked if the other owners had expressed the concern voiced by Mr. Klein. Mr. Bertramreplied that at least 20% had expressed those concerns. Councilman Phillips then stated his concern that Council action to delete these two lots would be inconsistent, and said he was also concerned that down -zoning all the property might be unfair to the owners- He went on to say that he was of the opinion that the property needs to be down -zoned, but that it is unfair to take this action over their objections. He went on to say that Council Deeds to be consistent and zone all of it C-2 or leave it all C-4. Councilman Me\oy stated his agreement with Councilman Phillips, but pointed out that the vote Of Council must be unanimous or the zoning will remain C-4. He went on to say that if a compromise cannot be reached to leave the property at C-4 with restricted uses, then he favors down -zoning to C-2 on all the property, because keeping the zoning at C-4 is not in the bast interest of the neighborhood. Councilman Phillips concurred. Mayor McMinn asked if the restrictions agreed to by Mr. Klein are basically C-2 uses and Mr. Bertram replied that the effect Of Mr' Klein's agreement to restricted C-4 uses would mean that all C-2, C-3, and the restricted C-4 uses would be allowed. ou/y ::/, 1r0�1 Page 609 Mayor Pro Tem Baker suggested refining the strike -list to more closely tie it to C-2 uses' Mr' Bertram said that if Council wishes to do this between first and second reading, it may take considerable time. After brief discussion, Council decided not to create its own strike - list. Mayor McMinn pointed out that the intent of the |-1 zone case is to clean up the area. Councilman Maloy pointed out that if Council is not in accord in its action on this motion, then the C-4 zoning remains' City Attorney John Ross stated that as long as the matter is before the Council, another motion can be made. Mayor McMinn advised that in light of comments by Councilman Phillips, 6 affirmative votes on the motion were unlikely, and then Mayor Pro Tem Baker withdrew her previous motion and moved that Council uphold the Planning and Zoning Commission recommendation. Mayor McMinn asked Councilman Maloy if he wished to withdraw his second to the original motion and second the new motion' At this point, Councilman Phillips indicated that Council may have misunderstood his earlier comments and that he was not saying that Council Deeds to change the zoning to C-2, but rather that Council needs to be consistent in the action it takes. Councilman Maloy then commented that he could not support the Planning and Zoning Commission recommendation as it is written" and that his opinion was that Council should leave the zoning C-4 with extreme restrictions to the degree of accomplishing what Council intends, and said further that he has a problem with down -zoning property because in his opinion this is unfair to the property owners. Mayor Pro Tem Baker commented that down -zoning may not be fair to the property owners, but it is also not fair to property owners in the area to leave the zoning C-4, and that in her opinion the original C-4 zoning was to accommodate bars in the area, but now the opinion is that bars are not the highest and best uses, as far as the neighborhood is concerned. She went on to say that even though changing the zoning to C-2 is termed to be down -zoning, in her opinion it would actually be up -zoning since the C-2 uses are more compatible with the neighborhood than the C-4 uses' Councilwoman Tre'o concurred' Councilman Maloy pointed out that Council has three options: (I) Uphold P&Z and change all the zoning to C-2; (2) zone it C-4 restricted; or (3) !- leave it as it is. He then asked if any of the Council favored leaving it C-4 restricted, and stated that if no one favored that, he would second Mayor Pro Tem Baker's motion because the zoning has to change' Councilman Phillips said he would not have a problem with leaving it C-4 with restrictions, but has a problem choosing the restrictions to be placed on it. Councilman Maloy suggested that restrictions could be addressed between first and second readings of the ordinance' Duly ci, lvov Page 610 Councilwoman Trejo said that in light of the deterioration of the neighborhood, it is time for Council to take action to clean it up. Mayor McMinn said that it seemed to him, from listening to the discussion, that the only affirmative vote on this matter will be on a motion to uphold P&Z. Mayor Pro Tem Baker said that leaving the property C-4 is not what Council wants to do, and the remaining alternatives are either to uphold P&Z or draw Lots 11 and 12 off of the case. She pointed out that Mr. Klein had offered a list of restrictions to which he could agree, and that his situation is a little different because his property is on the corner. She then asked if Council upholds P&Z, could Council come back in two weeks and drop Mr. Klein's property. At this point, Mr. Bertram said that back-up information contains the strike -list from Mr. Klein and City Manager Larry Cunningham said that other property owners had provided information regarding strike -list items, and Councilman Maloy affirmed that such information from John Kallas was in the back-up. Mayor McMinn restated the motion by Mayor Pro Tem Baker to uphold the Planning & Zoning Commission recommendation, and Councilman Maloy seconded the motion. Motion to uphold the Planning and Zoning Commission recommendation and to pass on first reading Ordinance #9300 carried: 6 Yeas; 0 Nays; 1 Abstention --Councilman Carpenter abstained due to perceived conflict of interest. (19.) Hold a Public Hearing on the proposed 1989-90 Budget. 89-48B-610- 468 (20.) Consider Ordinance #9301 adopting the proposed 1989-90 Budget. ORDINANCE #9301 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1989-90; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1988-89; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; PROVIDING INCREASED REVENUES AS REFLECTED IN SAID BUDGET BY REVISING MINIMUM WATER RATES AS CONTAINED IN SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; PROVIDING INCREASED REVENUES AS REFLECTED IN SAID BUDGET BY REVISING SECTION 23-66(A)(1) AND (2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK INCREASING CERTAIN RATES FOR GARBAGE AND TRASH COLLECTION AS SET FORTH IN SAID SECTION; PROVIDING INCREASED REVENUES AS REFLECTED IN SAID BUDGET BY REVISING DUMPING RATES AT THE CITY SANITARY LANDFILL BY REVISING SECTION 23-21(b) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; AND APPROPRIATING FUNDS FOR THE 1989-90 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; AND PROVIDING A SAVINGS CLAUSE. Mayor McMinn opened the Public Hearing at 11:00 a.m. and set out procedures to be followed during the hearing and then called for City Manager Larry Cunningham's to give an overview of the Proposed Budget. uu/y 4/, lzuv Page 611 Mr' Cunningham stated that the have been reviewed by the City filed with the City Secretary In addition, the Legal Notices the Public Hearing was placed Avalanche Journal. proposedbudgets Council and were as required by law. Publication for in the Lubbock The second reading and final adoption of the Budget Ordinance is scheduled for August IO, and second reading and final adoption of the Tax |� �-~ Ordinance will be on September 14' According to Mr- Cunningham, the Budget Ordinance as submitted incorporates rate increases for water base and flow rates on October l, 1889 and October I, 1890; and rate increases in sanitation collection charges and dumping fees on October I, 1989 and January 1, 1990. The Proposed Budget for I989-90 also includes the Voluntary Agreement by both Southwestern Public Service and Lubbock Power & Light to remit 3% of gross receipts in franchise fee payments. Mr' Cunningham said that Staff was recently informed that the Appraisal District Board of Review had removed another $54,092,289 in value from the projected taxable value in the City of Lubbock since the time the City Council reviewed the budgets in June. Staff had already excluded some of the projected increased value from the estimates provided to City Council budgets were reviewed in Jung; however, this additional amount was deducted from protests on multi -family and medical areas and Staff is awaiting an analysis of this from the District. This means that the General Fund revenue will be reduced somewhat and will also affect the Undesignated Fund balance for the General Fund' In further discussions with the Appraisal District, it was Staff/o opinion that it would be realistic for the Council to consider 97-3/4 percent collection rate and, by using this percent of collection rate and also reducing the interest and sinking fund balance to zero, the General Fund revenue would need to be reduced for tax collections by «45,470' This will provide a remaining balance in the General Fund of $257,822. It was also Staff/s opinion that this remaining balance, along with the Contingency Reserve, should still be adequate to cover unanticipated expenses during the year or any other revenue reductions that might occur. Staff did not recommend further reduction to the ending balance. By Staff memo, Council was apprised of the following information regarding special interest groups requests: (l) Dr- Rafael Garcia of the C.A.R,E. Center and representative of the Lubbock Junior League had indicated additional funding needs at the C'A'R'E' Center. The City Council approved D29,600 during the Council Budget Work Session, to include medical examination and Police Department consultation, expert testimony, and on the job training for three Lubbock Police Officers' The C'A-R-E' Center uu1Y 4/, 1z0z Page 612 has submitted the following list of additional services provided by the Center that will result in request for additional funding for the Center: Forensic Evaluation, both out -patient and in the hospital, Victim/Family Counseling and Preventive Education, Multidisciplinary Case Review Team, Telephone Consultation, face-to-face disCU3SiVDS with the Police Department, Medical Testimony, Lectures/Presentations, and Community Action' These additional services discussed with Dr' Garcia to determine the costs, which amount to an additional t7,200. Trent Petty, Assistant to the City Manager and Tom Nichols, Chief of Police, basically concur with all but $2,000 of the additional $7,200 in funds. Staff recommended the $29,600, but would have no major concern if the contract amount with C.8.R.E. were increased by an additional $5,200--from $29,600 to $34,800' Determining the amount of money that was appropriate for the City of Lubbock to pay the C.A.K'E. Center was based on the services the C'A'R'E- Center provided directly to the Lubbock Police Department. These services included an estimated 50 cases submitted by the Police Department which included medical examination of the child as well as consultation with the Police Department. It is estimated each case will cost approximately $400. In addition, the C.A,R.E' Center agreed to provide expert testimony, when necessary, to support Lubbock Police Department arrests. AM estimated 20 cases will require expert testimony at $450 each, totalling $9,000- Further° the C'A.R'E. Center agreed to provide the Lubbock Police Department with on-the-job training regarding Child abuse cases. Staff agrees to a $600-figure for this training based on the equivalent time a structured 12-hour course in child abuse investigation would cost the Lubbock Police Department. The C.A.K'E. Center originally requested funding in the amount of approximately $80,000 from the City of Lubbock to fund C.8.R'E' Center activities. It was City Staff/s opinion that funding could only be justified for services provided directly to the Lubbock Police Department' These services would not include victim/family counseling, research or medical costs which extend beyond the initial examination necessary to determine probable cause for the Police Department' In summary, the figures Council approved for C.A,R.E. Center funding are based on estimated police numbers of C.A.R.E' Center referrals. Funding over and above the original Council approved figure would Deed to either be justified in terms of additional cases or additional services that would uu/y 4/° 1"z Page 613 directly benefit the Lubbock Police Department. (2) People for Animal Welfare (PAWS) indicated they had a petition signed by 1,000 people who desire increased animal control services. Staffmet with PAWS Friday morning, July 21, I988 to determine the specific issues. Staff advised that the Health Board is forming a group to review the Animal Control Ordinance and some changes may have a budgetary impact. Recommendations of the Review Committee will be forwarded to the Board of Health and subsequently to the City Council' Staff recommended that any requests submitted by PAWS be referred bark to the Health Department for evaluation. (3) The West Texas AIDS Foundation (WE3TAF), which provides counseling and support services for HIV positive and AIDS victims and their families, presented a budget proposal to the Steering Committee of the AIDS Planning Group which is an entity separate from the City. WE3TAF is interested in establishing a funded centralized office for HIV positive and AIDS victims to obtain services. The State of Texas has appropriated funds through the Texas Department of Health for AIDS -related health services. An ad hoc group from the Steering Committee was to convene with the State Department of Health to review available funding, and WESTAF was to be included in that discussion. Additionally, WEDTAF indicated a need that Staff conduct AIDS testing and counseling' The City of Lubbock Health Department conducted 1,328 AIDS/HIV tests in FY 1987-88 and for each case, pre- and post -counseling was also conducted. However, the Health Department dogs not provide ongoing counseling to victims and their families' WESTAF indicated they have a need for funding, but according to Staff comments, those requests should be referred to the Board of Health to be reviewed with the other priorities identified by the Board. (4) On April 13, 1989, the Board of Health presented the Five -Year Health Plan for personal health services, which identifies four major issues addressed as follows: I. Ensure that program objectives are met within the community. a- Provide adequate dental care to the indigent population - - includes increased edu- cation and Child :are facilities, increased advertising and promotion of oral hygiene, and expands the number of children, adults, and elderly patients uu/Y L/, 1VOV Page 614 in the dental clinic to reduce the waiting list. b. Reduce the rate of teen pregnancy -- includes increased educational efforts to teens through community outreach programs and school educational pro- grams. C. Reduce the rate of sexually transmitted diseases -- includes monitoring the number of diseases, increased educational out- reach program, increased tracing of sexual partners, and provides follow-up interviewing with treated patients. d. Evaluate and implement applicable recommendations of the Lubbock AIDS Health Care Plan -- Includes support of the recommen- dations of the AIDS Planning Group; however, the Board of Health felt that resources for AIDS cannot be taken away from funding of existing programs. 2' Develop Community Nursing Outreach Services to needy patients and expand the Community Outreach Program which includes home Visits related to communicable disease inves- tigation, maternity patients, pediatric patient visits, and family planning patient visits. 3. Develop a Community -Wide Public Health Services Coordinating Board -- Develop a coordinating board to examine various public health services provided, problems with various agencies and delivering services, possible joint ventures, and possible grant applications by public health providers. 4. Provide integrated computer system -- Develop a computerized medical records system for the 44,000 patient visits per year and a data base to identify public health problems, plan future programs based on community needs, project unmet needs, and analyze the health status of the community. Ofthe major issues listed above, the Health Department has been able to address the Community Outreach Nursing Program through a grant that was received in April. It provides for three uuly L/, IVor Page 615 positions whose primary objective is to provide community outreach service, home visits for maternity and child care, family planning to increase the number of women receiving prenatal care in the first trimester, and to reduce the number of unwanted pregnancies' In addition, the Health Department received funding from the State for an HIV Counselor whose |'l primary purpose is testing` counseling, and ~-- surveillance for AIDS prevention and investiga- tion. The State -paid position helps meet the needs in the STD Clinic by not diluting STD resources to provide additional AIDS resources' In reference to the proposal from the West Texas AIDS Foundation for a separately funded AIDS agency, the Board of Health has not seen this specific proposal and the Board has expressed concerns that there needs to be a consolidated approach for providing public health services. The proposal from the West Texas AIDS Foundation appears to create a separate staffing, a Director and Administrative Assistant who would be hired by the board of the West Texas AIDS Foundation and would be a separate autonomous group from the City of Lubbock. Some of the services provided such as testing, counseling and education would be an expansion of current programs provided by the Health Department; however, some of the programs such as the social services, psychological and special counseling to patients and family members, and the 3hanti Buddy System on services not provided by the Health Department. Mr' Cunningham then gave the following budget analysis of General Fund for FY 1989-90 Revenues: Total revenues for Fiscal Year 1988-90 are estimated to be 10'3% higher than approved FY 1988-88 budgeted revenues. Major sources of these increased revenues include the following: higher tax revenues, particularly City Sales Tan and Franchise Tax Revenues; Intergovernmental Revenue, due for the most part to a change in accounting for revenue for the Senior Nutrition Program from the South Plains Association of Government; Health Department revenues due to the Health Department becoming a Medicaid care provider; fines and Forfeiture revenue, due to higher Municipal Court fine revenue caused by additional patrol strength and new procedures implemented by the Municipal Court Judge; and improved earnings on investments. Sales tax revenue through Max, 1988 is 10'7% higher than the same period last year, and total sales tax revenue for I989-90 is projected to be approximately 6% higher than the revised total for the current fiscal year. The strong influence of two consecutive years of billion dollar Cotton crops continues to influence sales and purchases throughout the Lubbock community' The revenue of this activity is expected to continua at a slightly slower pace during 1988-90' Uu/Y c/, IVoV Page 616 Property values are estimated to be approximately $IO2,081,711 higher for the I989 tau year compared to 1988, due to valuation of new con- struction and higher valuation placed on some commercial properties that had not been re- assessed in several years. The General Fund portion of property tax revenues is projected to be $14,820,778" a 5'5% increase over 1988-89 budgeted revenue. Electric Utility Franchise tax revenues for 1989- 90 are estimated to increase by approximately $800,000 over 1988-89 due to Southwestern Public Service and LP&L agreeing to a 3% Franchise fee, compared to the current 2% Franchise fee on gross receipts. This agreement by the two major franchise tax contributors will go far in assisting the City to address major improvements during the next fiscal year. Licenses and permits are estimated to decrease by approximately 7%, due primarily to the continued slow rate of construction and growth within the City limits' Building permits, electrical permits, and plumbing permits are estimated to decrease by I0- 25%, compared to budgeted yeVeMUem for 1988-88, while alcoholic beverage and miscellaneous revenues will increase slightly in 1989-90. Intergovernmental revenue will increase to $I'I million due to a slightly higher contribution to Teen Court and a change in the City/a accounting procedures for a Federal Grant' The federally - funded Senior Nutrition Program provided by the City through a Contract with the South Plains Association of Governments will be shown as an Intergovernmental Revenue to the General Fund, while in previous years it had been shown in a separate grant fund' The associated expenditure for Senior Nutrition is found in General Fund expenditures for the Parks Department. Chargesfor Services for 1889-80 show a alight increase over currant budgeted revenues due to a higher VO]W0g of citations and court fees in the Municipal Court and revised procedures which have been implemented' Health revenues will increase significantly in clinical and laboratory testing categories, due to the Lubbock Health Department becoming a Med- icaid provider' Some additional expenditures for the Health Department are offset by the increased revenues associated with this new status' Culture and Recreation fees are increasing slightly due to an increased interest in party houses and a higher number of reservations, and increased revenues from fees, memberships and instructions at the Tennis Center' Fines and Forfeitures revenues for 1989-90 are estimated to be $2°832,000 due to the increased 'the number of citations issued by Police and the number of individuals paying fines at the Municipal Court' uu/y 6/, IVoV Page 817 Interest earnings are projected to be somewhat higher for 1989-80 based on the Citv/s experience this year in securing better interest rates on our General Fund investments. At this point, Mr. Cunningham recapped expenditures for the coming year. Total I989-90 General Fund expenditures are budgeted at $57,543,740, and that amount includes �-~ $1' 362" 263 which is attributable to mandates imposed by other levels of government, to various changes in accounting procedures, or to the effect of a full year of funding for programs approved by the City Council in the I988-89 Budget. A summary of those costs is as follows: Increases for Mandates/Accounting Purposes: HUD - Codes Administration $ lUO"OOO HUD - Legal Reimbursement Reduction 30,000 Workers Compensation Charges I80°000 Parks -Senior Nutrition Programs 321,717 Reduction in Police Grants I03,546 TCLEO3E In -Service Training Requirements 1I5,000 Health Department Medicaid Services 50°000 Increases for Expanded Programs from I988-89: Full Year Staffing -Police I50,000 Full Year Staffing -Fire 302,000 Total $1,362,263 Recent changes in HUD regulations have required transfer of demolition and code enforcement expenditures from the Community Development Fund to the General Fund, causing an increase of $100,000 in the Codes Administration budget. In addition, Staff is no longer able to secure CO reimbursement for various legal services, which has caused an increase of $30,000, While the Texas Legislature continues to work on the workers compensation problem, expenditures for workers compensation continues to increase. Staff projected that next year the General Fund will show an increase of $190,000. Two programs -- Parks Senior Nutrition programs and Health Department's Medicaid services -- show increases in the General Fund budget, but these expenses are offset by matching revenues. Grantfunding for several Police programs continues to decline as originally anticipated, and in order to pick Up support for these programs, the General Fund will increase by approximately «103°000. Also, recent changes by TCLEO3E have required additional hours of in- service training for Police personnel at a coat of approximately $II5,000' Substantial numbers of personnel have been added in the 1988-89 budget for both Police and Fire operations, and due to the fact that a number of these personnel were brought on ling late in this Fiscal Year, there will be an impact of a full - year's funding for those services in next year's budget. uu\y e�/, I�Iul Page 618 Excluding increases for mandated services, accounting Changes, or expanded programs, General Fund operations represent an increase of 5.45% over the I988-89 budget. General trends are as follows: In the General Government area, expenditures have increased by approximately 10%, due to the transfer of funding for 1/2 an Attorney from Community Development to the General Fund, and an increase in election expenditures projected for the City Secretary's Office. Management Services expenditures have increased approximately 4'95% due to a transfer of one position from Finance to Budget and Research, an increase in the General Fund share of Community Services expenditures, and an increase in the Communications Center budget due to a full year of the 911 System. Financial Services expenditures increased 1'44% dug primarily to a slight increase in charges for data processing services. Development Services increased 6'84% due primarily to the transfer of demolition expenditures from Community Development to the General Fund in the Codes Administration Department' Public Safety and Services expenditures increased 9'2I% due primarily to full - year staffing of approved positions for I989-90 in the Fire Department and to previously mentioned accounting changes. Fire Department expenditures have increased 8-8I% primarily due to full - year staffing for the Fire Station at Milwaukee and 25th Street, enhanced equipment maintenance, and firefighter training in hazardous materials and other specialized procedures. Police Department expenditures for 1889- 90 increased 9'98% due primarily to full -year staffing for positions added in I988-89, and reduction in grant funds which had been received in prior years to offset Police Department expenditures. Staff recommended the following proposed enhancements for FY I988-80 in the General Fund: Recent trends in environmental law will dramatically impact the manner in which Staff delivers many services to citizens- Specific examples, described in more detail in the Enterprise Fundy Budget Message, include EPA mandated changes in landfill regulations and continued Updates to the Safe Drinking Water Act' Another area of concern is infrastructure/ capital needs. The City has a substantial investment in its streets, in its buildings, and uu/Y 6/° 1VoV Page 619 in its parks facilities. While the following information will indicate that 8taff's intent to improve the Citv/a status in this regard, it is believed that substantially more needs to be accomplished. The City Council has indicated that it places a top priority on a variety of areas including various recreational services, training, and |� public relations efforts - Following are explanations of budget proposals designed to meet these needs. Recreational Outreach Pruoram Next year's budget proposes to expand the concept of outreach services to neighborhoods that are remote from established recreational and cultural programs. Last year, the Council authorized Community Development Funds for a Recreational Outreach Program to serve residents in the area of Butler Park' It proved quite popular, and this year it was expanded to take recreational services to residents of the Yelluwhouae Canyon and Jackson Elementary School neighborhoods. The Parks Department proposes to give even more emphasis to such programs. Inaddition to the established Outreach Programs, the department has received requests from the Lubbock United Neighborhood Association to provide summer programs in Various areas' The Proposed Budget includes funds to establish a Recreation Outreach Program which will evaluate the need for enhanced recreational programs and services in various segments of the population. The Program will identify funding sources from the public and the private sector to establish or expand recreational programs. The coot for the Recreation Outreach Program is t24,166; however, Staff believes grants, sponsorships and program revenue might bring in $31,000 next year. "ProjectLibrary - Partners" A cooperative program between the Library and the Parks Departments will allow an outreach program to provide Library services to populations having limited access to a public library' The new program, called "Project Partners", will establish limited book collections at Mae Simmons and Rodgers Community Centers and would be easy to service similar collections at the adjacent Senior Citizens Centers at both locations. A collection will also be placed at Maxey Community Center, which serves an area somewhat removed from the Mahon and Godeke Library facilities. The book collections at the three community centers would cater to children and young adults to include cultural heritage; and weekly children/s programs would be provided to all three community Centero. In addition, monthly programs would be offered at the two Senior uu/Y L', /VOV Page 620 Citizens Centers and at four Retirement Centers in Lubbock. The salary and benefits for two librarians, plus related supplies and equipment is budgeted at $54,700. Extended Service Hours at Libraries Library focus groups conducted earlier this year by the Long -Range Planning Committee of the Library Board identified "Open More Hours" in their priority listing of ways to improve library service. Extended hours Of operation (t0 begin September 1, I889) will expand to 70 hours weekly at both the Mahon Library (currently open 66 hours per week) and Godeka Library [currently open 60 hours per week). The cost for full -year programming is budgeted at $35,964 for Mahon/a extended hours and $30,227 for Godgke/a extended hours. Police - C.A.R.E. Center For some time, the Police Department has utilized services provided by the Texas Tech Health Sciences Center in its attempt to deal with children victimized by crime. The C'A'R.E. program provides both physical and psychological care for those children, and at the same time assists the Police Department in the development of information necessary for the successful prosecution of those crimes- In the forthcoming year, Staff proposed to budget $29,600 to provide for the continuation of this valuable program' PublicStaff Development and Employee training, an important element in the quality of service provided to citizens, is presently provided through the individual departments' budgets. The Personnel Department coordinates Citizen Relations Training for all new employees and also provides limited training in other areas such as supervisory training. Job -related training is conducted by several departments such as the Police Department, the Fire Department, the Water and Electric Utilities' The complexity of job performance standards and the diversity of work force requires enhancement of the Citv's Training Program' Staff recommended establishing a Staff Development and Public Relations Program, to be coordinated by the Personnel Department, which would include annual training needs assessments, monthly training sessions designed to meet those needs, and centralizing the public relations function of the City. This would result in increased citizen awareness as well as access to City services; and enable funding of activities such as newsletters to citizens, development of a speakers bureau and periodic citizen surveys. The Proposed Budget includes $64,474 for the training supplies, equipment and project funding needed for this Program' ou/y 4/, 1roV Page 622 Personnel - DruA Free Workplace Recent activities at the Federal level -- including both Federal court decisions and the requirements for provision of a Drug Free Workplace -- have provided the impetus for this initiative in an attempt to safeguard both City employees and the public' This Program would provide for pre -employment drug testing for new hires and would also authorize testing for "cause",to be handled on a non-discriminatory basis. Total estimated costs are $19,000 per yeGr- Enhanced Park Maintenance Semeral years ago, maintenance efforts on Class A and Class B Parks were reduced, as a result of revenue shortfalls. The revenues projected for I989-90 would enable the City to begin reinstating a portion of those maintenance efforts, including four frozen positions, 200 new irrigation replacement heady, one acre inch of water on I,598 acres of parkland, three 1/2-ton pickups with radios, and related supply and maintenance costa. Three of the new positions - Irrigation Technicians - will be assigned to Mackenzie, Maxey and Clapp Maintenance Districts to improve maintenance of irrigation systems. The fourth position, an Equipment Operator I, will be assigned to the Urban Forestry area to assist with watering new trees, maintaining color beds, and other duties' The budgeted coot of Enhanced Park Maintenance is $202,828' Personnel - Secretarial/Clerical Pool This proposal will provide funding for three part-time temporary secretarial/clerical workers in the Personnel Department, to be available to other City departments as needed, rather than hiring private firms/ temporary service personnel. The Program will be a cooperative effort between the City and Estacado High School's Business Education Department' Budgeted cont for the Program is $6,030' Purchasing - Buyer Increased State and Federal purchasing regulations and additional workloads created by the operation of the Sewer Farm and Co -generation Plant have had a significant impact on the Purchasing Department and its employees. Three Buyers have been working approximately 90 hours overtime each month during the present fiscal year, and an even greater impact is anticipated in I988-90- Staff proposed adding one Buyer to assist the department in meeting these new requirements to improve productivity and reduce overtime' Budgeted costa for salary, benefits and associated supplies for the position are $30,569. Police - Radar Equipment The Traffic Motorcycle Section consists of eight Officers (on motorcycles) that provide traffic enforcement VO the Citx/s streets and thoroughfares. The Proposed Budget includes ou/y C/, 1Von Page 622 three additional hand-held moving radars, in order to fully outfit this Section and enhance traffic safety. Cost of the equipment is $8,760' Infrastructure/Capital Needs The proposed 1989-90 budget includes increases in a variety of Infrastructure and Capital Funds as The first is a recommended increase in the General Permanent Capital Maintenance Fund of approximately $2I5°000, which would raise total I989-90 funding to $I,750,000' This is a substantial increase in that fund, but according to Staff, it would enable the City to meet only slightly more than 50% of theoretical needs identified by the database model for replacement and renovation. ID addition, $275,000 Staff recommended the Parks Equipment/Facilities Maintenance Reserve to enable upgrading of two parks (playground, CuUytg° picnic tables, fencing), replacing an additional two playgrounds, repairing or replacement of three lighting systems, changing out I,000 sprinkler heads, replacing lO time - clocks, and generally to begin a more systematic upgrading of existing parka facilities. Staff also recommended an allocation of $838,000 in the Permanent Street Maintenance Fund. Staff traditionally expended monies from this account to enhance seal coating efforts, but have been unable to do anything on an annual basis in the area of street reconstruction. On the average, Staff calculated an average reconstruction of approximately 4% of the Citv/s entire street system in any given year, and the annual costs for that program would be approximately $II,400,000 per year. The proposed budget includes funding to begin reconstruction of two intersections on major thoroughfares in the City or to extend the Seal Coating Program on collector streets'" and coat is far less than the need but in future years, funding would be available for further enhancements along these lines' Finally, the proposed budget includes $100,000 in the General Permanent Capital Projects Fund, which could serve a variety of purposes, including "seed" money for such projects as the Kingsgate Park development. Debt Service Fund Staff currently estimates total revenues for this fund to be $13,670,604, which is 2% higher than the approved Fiscal Year I988-88 revenue estimate. Expenditures for the fund are budgeted at $14,092,123, an increase of 3%. The primary increase comes in the area of new Water and Sewer Bonds (up from $155°419 to a proposed $509,194\' Proceeds from these funds will finance the acquisition of water rights and wastewater improvements related to the pending permit' At this time, My' Cunningham gave a budget analysis for Enterprise Funds for FY 1989-80 uu/y C/, lzov Page 623 Water Revenue Fund Projected I989-90 Water Revenues are estimated at $19,076,499, based on the first of a two-step increase in water rates, and the increase is due to the construction of the Citv'a third major water source - Lake Alan Henry. This estimate anticipates a $-55 increase in the water base rate and a $,15 in the flow rate beginning October I, 1989- Revenue from General Consumers Metered is estimated at $I7,784,189, an increase of I5'85% over revised 1988-88 budget; municipal sales are projected to increase slightly, by $4,000; and other revenues are projected to stay fairly constant. Totaloperating expenditures are proposed at $I0,192,I06 (or 7,3% above approved 1988-89 budget). This increase includes additional funding for laboratory services to provide personnel and equipment necessary to comply with additional regulations required by the Safe Drinking Water Act' In addition, chemical supplies necessary for safe water treatment are expected to increase in cost and equipment main- tenance costs also have increased due to the focus on equipment maintenance within the Water Fund. In previous years, much of the equipment maintenance expenditures have been billed against the Sower Fund to make necessary Water Reclamation Plant repairs. Until the Water Reclamation plant evaluation has been completed, equipment maintenance efforts will be mainly focused on water fund -related projects; therefore, reimbursements from the Sewer Fund will be down. In addition, $2I5,000 was added to pay for the additional water from Pampa' No contribution was made in the Water Fund for rate stabilization reserve in Fiscal Year 1888- 89' In order to continue building rate sta- bilization reserves to lessen the impact of rate increases caused by Lake Alan Henry, $190,726 is budgeted for I989-90. Water Permanent Capital Maintenance Fund and Water System Improvements contributions, which significantly increased by $618,582 over Fiscal Year I988-89, will fund new and on -going capital projects such as Water Treatment plant repairs, and major capital equipment replacement. Water Fund ,Other Expenditures" are also increasing to $973,388 for I989-90, and include a $745,000 payment to Brazos River Authority for debt service, operation and maintenance for Lake Alan Henry, the addition of a Line Location Crew in the Distribution and Maintenance Section, installation of a Work Order Management System in equipment maintenance, miscellaneous water system maintenance, laser alignment and grade system, water treatment equipment and the upgrading of a Foreman position in the Distribution and Maintenance Section to assist the supervisor in crew supervision and project tracking. Sewer Revenue Fund Sewer Revenue Fund revenues are budgeted at 8,013,600 for 1988-90, an increase of 30'0%, (and an increase of $1,728,644, or 29.2%, over uu/y c/, 1Vor Page 624 approved 1988-89\, based on a full year of the increase in the sewer rate made in January, 1989. Land Application revenues will increase 58-3% to $897,000 due to improved grazing and farming procedures and interest on investments is projected to decrease $186,000 from approved 1988-89 budget primarily due to reduction in available bond funds for investment. TotalSewer Revenue Fund expenditures are budgeted at t9,0I3,600, with the operating expenditures accounting for 47-6% of total expenditures. Operating expenses in the Sewer Department are budgeted at $4,288,716, a decrease of 3.3%, primarily because of reduced costa in Water Reclamation due to the anticipated conclusion of the permitting process' Increased Sewer Fund revenues anticipated in I989-90 will allow for $475,882 to be added to Sewer System Improvements, t488,510 to Sewer Permanent Capital Maintenance, and $217,808 to Rate Stabilization Reserves. Revenues will also be used to add a Supervisor at the Water Reclamation Plant to improve instrument monitoring and quality control at the Plant. Current Debt Service for Sewer Operations is 2"310,94I- Proposed new debt service of $750,000 in added to the "Other Expenditures" Section as a result of anticipated new Debt Service related to completion of the State Revolving Fund application process. Solid Waste Management Revenue Fund The proposed 1989-90 Solid Waste Management Budget includes recommended increases in the residential rate and the landfill rate. Over a three-year period, new EPA regulations will require the City to accumulate a reserve of approximately $2 million to upgrade operating capital and prepare for the new lined trenches that will be required at that time. To generate those reserves, Staff anticipates a required raise in rates over the next three years. In Phase I, it was recommended to increase the current $6'50 monthly residential rate by $'25 in October, I488 and an additional $'25 in January, I990 to increase landfill fees by $I effective January 1, 1990. Assuming implementation of the recommended rate increases, total revenues for I889-80 are estimated to be $5,541,148, and total expenditures for Solid Waste Management are budgeted at «5,541,148. Commercial collections are expected to decline, due primarily to the loss of the Lubbock Independent School District Contract. $206,000 is allocated to complete permitting of an additional 70 acres at the landfill, and $164,561 is budgeted to begin the reserve necessary for compliance with EPA regulations as noted above. uu/y 4/, 1Voz Page 625 Airport Revenue Fund Airport revenues for I989-90 will be $4,068,963, an lI'I% increase over approved I988-89 revenues, and this includes a $208,2I2 beginning balance from year end 1888-80. Revenues are projected to increase in the following areas over the approved 1088-89 budget: Landing area revenues increased by ` �87,O48, due to increase in landing fees resulting from renegotiation of Contracts; terminal area revenues increased by $256,897 dug to budgeting for a full year of newly negotiated Lease Contracts; parking area revenues increased by $190,946 due to anticipated increase in enplanements and parking market share; and miscellaneous revenues increased by $6,800, Airport Revenue Fund total expenditures are expected to be $4,088,983 with $3°344,127 or 82% budgeted for operating expenditures' Operating expenditures have increased by 7'2% over the approved 1888-89 budget due to inclusion of the Airport Marketing Contract and repainting of runway striping. "Other Expenditures", include debt service and indirect coat allocation, total $516,824' In order to renew funding to the Airport Permanent Capital Maintenance Fund, $208,212 is budgeted for Fiscal Year I988-80; however, it is possible that projects required by the FAA, such as Security and Fencing and addi- tional 24-hour personnel security requirements, may necessitate devoting some or all of this money for those requirements. Golf Revenue Fund Golf Fund revenues for 1989-90 are projected to be $925°68I, which is 3-2% below the 1988-89 approved budget' Actual revenues for I988-89 have been lower than anticipated due to a reduction in the number of players caused by construction of the course improvements and a reduction in the number of players choosing to ride in golf carts. Slight increases are projected in pro shop and concession sales for Fiscal Year I989-90' Revised I988-89 and proposed I989-90 revenues are budgeted as gross amounts, with expenditures for the operations budgeted in golf course operations' Green fees and memberships, which account for 48'8% of the budget" are projected at $433,032, a decrease of $6,358 from approved I988-88. Golf Revenue Fund operating expenditures are budgeted at $835,197, a decrease of $28,252 from the 1988-89 approved budget, due primarily to reductions in maintenance expenditures and reduced payment on inVeOtury. Total fund expenditures are budgeted at $925,68I, a decrease of $29,534 (or 3'1% from approved I988-89), and include a contribution of $85"602 to Debt Service and $3,900 to Golf Permanent Capital Maintenance. Staff memo set out the following proposed enhancements for FY I989-90 in the Enterprise uu/y c/, lwo�l Page 626 Increased revenues for I989-90 would enable several enhancements to improve the efficiency of Enterprise Fund operations. Pipeline Maintenance Senior Foreman In the Pipeline Maintenance section, Staff recommended adding a position of Senior Foreman whose responsibility it will be to provide increased level of training and supervision necessary to expand the Large Meter Replacement Program and to increase maintenance activities for other departments by 25%. The budget includes $27,156 for salary and benefits of the position and associated supplies' Work Management System This improvement involves filling a vacant position of Engineering Technician to computerize the work management system and help double preventive maintenance productivity. Cost associated with this package is $19,427' Water Treatment Equipment This project will fund a series of miscellaneous water equipment needs including ammonia monitoring equipment to warn employees in the event of ammonia leaks at the Water Treatment Plant totalling $5,000; two flammable liquid storage cabinets for safe storage of liquids and paints totalling $1,400; a coagulant control device which will provide continuous monitoring of coagulant dosage and automatic coagulant feed based on this monitoring totalling $10,000. Laser Alignment and Grade System This will fund the purchase of equipment that accurately measures pipe alignment thus increasing production by reducing time necessary to lay pipe. Total coat is estimated at $7,000. Water System Maintenance Equipment This equipment will enhance water system maintenance, and will include mechanical equipment totalling $2,886; equipment to allow proper alignment of motors and pumps totalling $3,900; and a portable vibration analysis instrument for diagnostic testing totalling $18,214. Total project cost is $25,000. Water Line Location Crew Finally, the Proposed Budget includes the addition of a Line Location Craw in the Customer Service Section of Water Utilities. This two - member crew (and vehicle) will accurately locate public water and wastewater mains in areas to be excavated to prevent damage to City pipelines, reduce the amount of lost water, and prevent possible health hazards if undetected sewer lines were to be damaged' Customer service crews presently respond to an average of four calls per day to locate water and sewer mains, and with the new pipeline crews, existing service workers can spend more time responding to customer requests, to check and maintain water meters, and to ensure ou/y 4/, 1VuV Page 627 proper billing. The budgeted cost for the crew is $57,054- Water Toxicity Program Another testing device will enhance the Citv/ o ability to protect the Water Reclamation Plant from toxic wastes placed in the sewer system. Thisrapid toxicity testing equipment will be } 1 used in the Expanded Industrial Waste Monitoring [-� Program. The equipment coots $18,000, and will help to discover and document toxic discharges and provide test results within one hour. Water Reclamation Plant Supervisor Currently, the Water Utilities Process Control Supervisor has direct supervision of the Water Treatment Plant, as well as the Water Reclamation Plant. Because of the attention required by the Water Reclamation Plant and the need for on -site management and technical expertise, Staff recommended adding a Water Reclamation Plant Supervisor in the I988-90 budget. This Supervisor will oversee all Water Reclamation Plant operations and will report directly to the Superintendent of Water Utilities Operations. This will also enable the Water Utilities Process Control Supervisor to focus on Water Treatment Plant issues that are becoming increasingly important due to requirements of the Safe Drinking Water Act' The Water Reclamation Plant Supervisor package is anticipated to cost $56,150. According to Staff memo, the unanticipated revenues reflected in the I988-80 revised budget, and the optimistic approach to Enterprise Fund revenues proposed in the 1988-90 Budget, allow maintenance Of City services at an acceptable level and protect the Citv/s investment in capital equipment and facilities, with some adjustments to Water and Sanitation rates and other Enterprise Funds budgeted within the current rate structures. Thecurrent and proposed rates for services, combined with other anticipated revenues, will determine the level and quality of service Staff can deliver to the citizens of Lubbock. City employees will continue to find new ways to be more productive and assure operational goals are met within the current budget constraints' Mr' Cunningham gave the following budget analysis for the Electric Revenue Fund for FY I989-90: Revenues The revenue forecast for Fiscal Year 1988-90 of $51,226,223 indicates an increase of 4'4% over the original estimate for Fiscal Year I988-89; general consumer revenue is up $2,828,343 over approved 1900-89; and interest income shows a significant decrease over the last year as fewer bond funds are available for investment. uu/y 6/, Izon Page 628 Expenditures Planned expenditures are anticipated to be $51,226,223 with an increase of $2,517,929 in operating expenditures over last year. Purchased power costs increased $2,457,780 over last year, partially offset by reducing the amount set aside for gas reserves from $2 million to «l million, to accommodate growth in customers serviced by LP&L' LP&L increased contribution of $723°038 to the General Fund is partially offset by decreases in debt service and capital reserves. Worker's Compensation also increased by $57,588' Staff memo set out the I889-90 Thoroughfare Street Lighting Program as follows: Thoroughfare Lighting: The second year of a 10-year Program to convert the Overhead Series Mercury Vapor Street Lighting System to an Underground Multiple High Pressure Sodium Street Lighting System is proposed for Fiscal Year 1988-90. An estimated total of 182 aeries lights will be converted to high pressure sodium. The thoroughfares completed in this first year's portion of the project were: I. Avenue A - Gth Street to 14th Street 2' SOth Street - Avenue A to Avenue H 3. Parkway Drive - Avenue A to Quirt Avenue 4- Parkway Drive - Quirt Avenue to NE Loop 289 Thoroughfares involved in the second Year of the project are: I' 34th Street - University to Indiana Avenue 2. 34th Street - Indiana to Quaker Avenue 3' 34th Street - Quaker Avenue to Slide Road This project will continue to improve the appearance of thoroughfares in the City by improving lighting conditions, removing lights and poles not in use, and converting to underground lines. Thosespeaking at the hearing were as follows: Karen Hodges favoring funding for the West Texas Aide Foundation. Joy Gottschalk favoring funding for PAWS. Jean Baker favoring funding for PAWS educational program and spaying and neutering program' uu/Y C', 1roV Page 629 Julieanne Durham favoring funding for PAWS. Nita Mason presented a check for $15,000 from PAWS to the City, along with a petition signed by about 1,000 persons who support increasing the number of animal control staff' W. L. Matheengy protesting increase in garbage and sewer rates on behalf of his mother who is a resident of the City. Greg Garrison, Chairman of Board of Health, requesting funding for dental care for the indigent and needy. Paul 8arlanga, Chairman of the Transit Advisory Board, requesting funding of all expanded level packages which had been submitted in this budget. Roger Settler requesting creation of an advisory commission to study cutting budget costs, Dr' Rafael Garcia, Director of C'A'R'E' Center, requesting $80,000 to continue the Center's work. Susie King, Junior League representative, requesting funding for C.A.R,E' funding' Travis Ware, Criminal District Attorney, spoke requesting the City to designate t80,000 to the C'A-R'E' Program and stating that the County will match whatever amount the City contributes. Dr' Duke Meyers, Aids Task Force Member, requesting funding for WEST8F' Victor Cargile regarding animal welfare and opposing increases in fees. DavidHoehno, WESTAF Member, regarding funding for WESTAF' Dr- Jose Garces, WE8TAF Member, regarding funding for WESTAF' Mayor McMinn closed the Public Hearing at 12:43 p.m, and opened the discussion to Council regarding changes to the proposed budget which they might wish to make in light of testimony given during the hearing. He reminded Council of their earlier consensus to refer the request from the WESTAF group to the Health Department and Staff who are to study the issue and make recommendation within the next 30 days' Councilman Patterson commented that he is aware of the problem of AIDS and that this situation must be looked at. Regarding the C.8.R.E. program, Councilman Patterson said that the lives of the children of this community must be protacted. ou|y e/, I-Jotl Page 630 Mayor McMinn asked what Council/s feeling was regarding the Health Board request for $I9,325 in partial funding for emergency dental care for indigent and needy individuals. Councilman Carpenter asked for City Staff recommendation regarding this, and Assistant City Manager Rita Harmon responded that Staff recommended the $19,325 in partial funding in this year's budget, and further consideration during FY I990-91. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to fund $19,325 for emergency dental carp. Motion carried: 7 Yeas; O Nays. Councilman Maloy pointed out the great need for the services of the C'A'R.E' program, and stated that he favors funding the full $80,000 by whatever funding method and contract are necessary. He went on to say that he favors funding this amount even if it is necessary to go through the budget items to which Council added money" such as the increased parka maintenance, and delete the amount if other funds are not available. He recommended that this funding be for one year to give the organization a chance to get on its feet and obtain funding from another source. Councilwoman Tru'o concurred and stated further that the program is vital to the City of Lubbock and that it has helped the Police Department and the District AttOrney/s Office, and even though past rgcordskeepiDg may not have provided the current desired justification, the need for these services are still grgat, and this organization has helped a great deal through the years' , Councilman Carpenter stated that even though he agreed with Councilmembers Maloy and Tr 'o, he feels that the City has done a good job in funding its share, and he has a problem with the City having to provide additional funds. He said that this is a county -wide and a district attorney/s office need for the prosecution of the offenses' The police department has the responsibility for investigating, taking to trial and paying for the process to that point, and Councilman Carpenter stated that when the City and County contribute the same amount there is double payment by City taxpayers. The City taxpayers are paying both City and County taxes, while those in the County paying only County taxes. He advised that this Agency should be funded and that the County should pay the entire bill. He then stated that he would not be opposed to the City paying a portion of the bill, but that these major issues which are County -wide must be addressed by the County officials and that County taxes may need to be raised in order to fund these. CouncilmanMaloy stated his agreement with Councilman Carpenter and said that his suggestion is to fund the entire $80,000 this year. He reminded Council that the County had pledged to fund whatever the City funds, and with these funds the program CaO continue for a year during which time other funding methods can be pursued. He reiterated that he was not proposing an uw/Y a', IVOV Page 631 ongoing contract, but was recommending funding for one year. Councilwoman Trejo agreed and commented that the year's funding will assist the group as they seek other sources for funding, as it will show backing of the City and County. Mayor McMinn pointed out that $34,800 in services i l performed during FY 1988-89 had been documented, �1 ~'- and there is a legal problem with funding agencies without documentation of services equal to the value funding. City Attorney John Ross stated that the City and County both are governed by Art. 3, Sec' 52, of the Constitution of the State of Texas, which establishes that credit cannot be loaned and things of value cannot be given to another entity, individual, etc. However, the City may contract for services, but there must be equal value of services rendered for equal dollars spent, Councilman Carpenter asked if Councilman Ma7oy had made a motion or if he had just made comments and Councilman Maloy replied that he would make a motion. MayorPro Tem Baker stated her support of the C.A.R.E' program, and informed that she had served as a board member of that group. She stated that she could not, however, support funding the C-A'R'E- Program for services that the City cannot justify and made the motion that $34,800 in funds be allocated for the C.A.R.E. Program" which can be justified as services having been rendered to the City. Councilman Carpenter seconded the motion' Mayor McMinn yielded to Councilman Ma]oy in light of the fact that he had indicated he was going to make a motion' Councilman Maloy stated his opinion that it is unfair for the Council to require justification of past services at this point, which is after the fact- He reminded Council of testimony by the Criminal District Attorney which said that it is impossible to completely document the Program, because many of the cases turn out to not have been abuse cases, in which instances there is no criminal case or police involvement. He want on to say that he cannot support authorizing only the $34,800, but would support a contract which would authorize up to $80,000, subject to future documentation of services during the year in order to meet the legal requirements' Mayor McMinn agreed that there were no previous documentation requirements because the City was not involved in funding of the program, and that it is difficult to re-enact services previously rendered, at this time. Councilman Carpenter asked if 50 cases had been documented, and Mr. Cunningham replied that the $34,800 is based on the cases the police handled, and the estimated value of the services. ou/y 6/, 1".J Page 632 Councilman Maloy pointed out that during the cases no one was actually going through a cost accounting process, because there was no need to, but that in the future this can be done' Councilwoman Tre'o said that this organization has been in existence since I981 and has been working for the City all this time. Councilman Maloy offered an amendment to the original motion that the City guarantee $34,800 in funding, with the further stipulation that funding up to $80,000 be authorized" subject to documentation of services equal to that value, from the C'A'R'E' Center. At this point Councilman Carpenter asked for clarification by Councilman Maluy as to whether or not he was suggesting that this money be set aside from reserve funds as a contingency' Councilman Carpenter stated that something will have to be done to designate that money within this budget, and staff will have to be instructed to make whatever changes are necessary. He went on to say that the money would need to be in reserve, and then if only t34,800 can be justified, the money could be released next year. Councilman Maloy replied that his proposal is to fund the $34,800 with an additional $45,000 if it can be justified via contract, and that money would be set aside from reserve dollars or from some other source. He recommended if a cut must be made, that it be made to the Parks Reserve' Mayor McMinn stated his opinion that $46,000 could be taken from the remaining balance. Mayor Pro Tem Baker pointed out staff recommendation that the ending balance not be reduced further than presently proposed, and Mayor McMinn stated that Council may not be reducing it. Councilman Carpenter stated it might be necessary in this meeting to raise taxes, and Mayor Pro Tem Baker agreed that this will be necessary if Council Cries to address every worthy cause which is presented. Councilman Phillips made the point that City Government cannot be all things to all people, and that there are many worthy causes, but the City cannot do them all. Mayor Pro Tem Baker agreed and said that Council at some point Deeds to decide what its mission is and decide whether or not it is to be the panacea for every worthy cause or provide protection to the lives and safety of the citizens' Councilman Patterson pointed out that this is going to coma out in the retreat which Council has scheduled. Mayor Pro Tem Baker then said that the individuals protesting increases in fees need to understand that the increases are mandated by federal and state requirements, and that heavy fines would result if the requirements are not met. Councilman Carpenter recommended that those in opposition to the rate increases, take their complaints to Washington. Mayor McMinn restated the motion to amend by Councilman Maloy to fund the C'K'R'E' Program at a minimum of t34,800, up to a maximum of $80,000, uu/y �/, IzoV Page 633 if that much case work can be documented. Councilman Patterson seconded the motion to amend' Motion to amend carried: 4 Yeas; 3 Nays- -Mayor Pro Tem Baker, Councilman Phillips, Councilman Carpenter' Motion as amended carried: 5 Yeas; 2 Nays --Mayor Pro TeN Baker, Councilman Phillips. Councilman Carpenter asked, if once the study of the animal control ordinance is completed and it shows that additional personnel or extended services are needed, how these needs will be funded in light of the fact that Council will have set the tax rate, and adopted the ordinance. City Manager Larry Cunningham stated that if the needs discovered are deemed to be emergency in nature, staff would coma back to Council with an emergency request to use contingency funds, and if they are not emergencies, they would be proposed for incorporation in next year's budget. Mr' Cunningham went on to say that because of the number of workers Compensation problems, fewer people have been working the streets and that Staff is hopeful that with increased safety awareness and procedures, the injury experience will decrease. Councilman Carpenter asked why in Cases of serious injury, are temporary people not hired' He pointed out that the work must be carried on and as the pay for workers compensation is not coming from the original budget, money should be available to fund a temporary for the position. Assistant City Manager Rita Harmon replied that after an initial injury there is a period of time when an individual draws injury leave" and payroll is not against the workers compensation fund for about 80 days. Also, in light of the fact that most injuries are not of long duration, a replacement person would have to be selected, have a physical examination, and then be trained, and that by the time all this has been done, the injured individual is back at work. Ms. Hap0VD went on to say that last year, temporary over - hiring of one individual was allowed to address this problem. CouncilmanCarpenter stated that since staff knows from past experience that due to injuries a certain number of employees will be unable to work for periods of time, this should be compensated for in hiring of employees. Ma' Harmon answered that staff intends to look at the entire issue of proper staffing, response times, the ordinance, and the needed services and then develop a comprehensive approach to addressing these issues, rather than to deal with them piecemeal. Councilman Carpenter requested that staff come up with a plan to continually maintain whatever is the desired staff level, including allowances for vacations, injuries, etc' He said he would rather see the Council over -fund, but his opinion was that that won't happen because of the amount of animal control services necessary. He went on to state his willingness to wait for the study, and then take steps necessary to maintain the services which are needed and pointed out that Uuiy 4i, lyoy Page 634 emergency services are provided by the fire, police on an overtime basis, and that this needs to be done in the animal control area as well. Mr. Cunningham pointed out that this has been done, but the problems experienced are due to the unusual amount of severe injuries to personnel. Councilman Carpenter asked about past experience in this department, and Mr. Cunningham replied that there had been some problems, but nothing like this year. A lengthy discussion ensued regarding workers compensation charges and the rate of recovery from the department and staff was asked make a presentation on this issue at the next City Council Work Session regarding this. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to adopt the 1989-90 budget as amended. Mayor McMinn called for discussion and Councilman Phillips commented that from 1985-86 to 1986-87, general fund expenditures went down approximately 1.4%; from 1986-87 into the actual 1987-88, general fund expenditures increased approximately 12.9%; from that year to 1989--expenditures in this fund increased 4.7%, but from the revised 1988-89 budget to the 1989-90 projections, there is an increase of 8.7%. Also, this shows a 10.5% increase over what was budgeted last year, making over the last four years a 29% increase in general fund expenditures alone. Councilman Phillips then said that if the mandated programs and the items added in the budget session, this is 3.6%, so the increase is still over 5% and from 1985-86 the population increase has been less than 2%. Mayor McMinn pointed out that a great number of police and fire personnel have been added. Councilman Carpenter mentioned the increased workers compensation costs, additional insurance costs, salary increases, and new services. Mayor McMinn restated the motion to pass on first reading Ordinance #9301, approving the 1989-90 budget as amended. Motion carried: 6 Yeas; 1 Nay --Councilman Phillips. 89-48B-634- 469 (21.) Consider Ordinance #9302 setting the tax ra the 1989-90 Budget. ORDINANCE #9302 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS FOR THE YEAR 1989, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to pass on first reading Ordinance #9302, setting the tax rate at 64 cents for 1989-90. Motion carried: 7 Yeas; 0 Nays. Duly c/' 1y0y Page 635 Items 39 through 45 were held until the August 10, 1989 City Council meeting. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 1:30 p.m. Motion carried: 7 Yeas; 0 Nays. B. C. McMINN, MAYOR READ AND APPROVED THIS 10TH DAY OF AUGUST, 1989. B. C. McMIN`N, Mayor Ran;ett Boyd, City Secreti-ty