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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/28/1988471 REGULAR CITY COUNCIL MEETING JULY 28, 1988 9:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of July, 1988 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman George Carpenter, Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bill Maloy, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 9:00 a.m. { 1.j The Invocation was given by Councilman T. J. Patterson. { 2.; 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 14, 1988 City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. Citizen Appearances { 4.) Board Appointments 8847B-471-455 [ 5.) Representatives from St. John Neumann_ Catholic Church will annear to request a Loudspeaker Permit for August 14-15. On July 11 representatives from St. John Neumann Catholic Church met with Mayor McMinn and Trent Petty, Assistant to the City Manager, to discuss a church -related event for August 14-15. Father Joseph James, Monsignor of the parish, and David Garza, a local Attorney, officially represented the group. They indicated that possibly 20,000 people are expected to attend this August 15 event. If this large group is present, the Mass and Rosary will both be held outdoors necessitating the use of loudspeakers. Staff visited the site and found that oiily a Loudspeaker Permit will be required for August 14-15. It was agreed that neither Frankford nor 22nd Street should be closed for this event, since this is the only legitimate ingress and egress from the property, and because St. John Neumann Church will be bussing people in and out ❑f the area. Council approval was necessary for this Loud- speaker Permit since the event is in an R-1 zone and will exceed the time frame set out in the Ordinance. Proposed dates and times for the 471 REGULAR CITY COUNCIL MEETING JULY 28, 1988 9:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of July, 1988 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman George Carpenter, Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bill Maloy, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 9:00 a.m. { 1.] The Invocation was given by Councilman T. J. Patterson. { 2.; 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 14, 1988 City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. Citizen Appearances { 4.) Board Appointments 88478-471-455 ( 5..j Re resentatives from St. John Neumann Catholic Church will anoear to request a Loudspeaker Permit for August 14-15. On July 11 representatives from St. John Neumann Catholic Church met with Mayor McMinn and Trent Petty, Assistant to the City Manager, to discuss a church -related event for August 14-15. Father Joseph James, Monsignor of the parish, and David Garza, a local Attorney, officially represented the group. They indicated that possibly 20,000 people are expected to attend this August 15 event. If this large group is present, the Mass and Rosary will both be held outdoors necessitating the use of loudspeakers. 472 duly 28, 1988 loud speaker usage will be as follow: August 14, from 2:00 p.m. until 10:00 p.m., and August 15, from 8:00 a.m. until 11:00 p.m. Mr. Garza has provided the $15 permit fee, a completed loudspeaker application and a petition from the neighboring apartments. Mr. Garza has also been in touch with property owners adjacent to the church and reports he encountered no opposition to this request. Staff recommended approving the Loudspeaker Permit. Motion was made by Councilman Patterson, seconded by Councilman Maloy to approve issuance of a Loudspeaker Permit to St. John Neumann's Catholic Church for August 14, 1988, 2:00 p.m.-10:00 p.m. and August 15, 1988, 8:00 a.m.-11:00 p.m.. Motion carried: 1 Yeas; D Nays. 88--47B-412-456 6.) Chairman of the Plumbing/Mechanical Board will apgear to present the following recommendations: (A) Consider Ordinance #9213 amending Chapter 6. Article III of the Code of Ordinances providing for the adoption of the 1988 Uniform Plumbing Code as amended. ORDINANCE #9213 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "PLUMBING CODES;" BY ADOPTING THE UNIFORM PLUMBING CODE, 1988 EDITION; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Plumbing/Mechanical Board recommended the adoption of the 1988 Plumbing Code to Council with its present amendments. The Board advised that the changes in the Code are minor and are in the City's best interest. Staff recommended adopting the Code with amendments, as submitted. (B) Consider Ordinance #9214 amending Chapter 6, Article IV of the Code_ of Ordinances providing for the adoption of the-1988 Uniform Mechanical Code as amended. ORDINANCE #9214 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE IV OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "MECHANICAL CODE;" BY ADOPTING THE UNIFORM MECHANICAL CODE, 1988 EDITION; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Plumbing/Mechanical Board recommended the adoption of the 1988 Mechanical Code to Council with its present amendments. The board advised that the changes to the Code are minor and are in the City's best interest. Staff recommended adopting the Code with amendments, as submitted. July 28, 1988 473 88-47B-473.457 ( 8.11 Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9213 and Ordinance #9214 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9208 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION II, BLOCK E-2, LUB13OCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF 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 Councilwoman Trejo, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9208. Motion carried: 7 Yeas; 0 Nays. 8847B-473-458 ( 9.) ORDINANCE #9212--Setting the sewer rates. ORDINANCE #92I2 AN ORDINANCE AMENDING SECTION 28-92 OF THE CODE OF ORDINANCES DF THE CITY OF LUBBOCK, TEXAS, IN ITS ENTIRETY SO AS TO CHANGE THE RATIES FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE AUGUST I, :1988; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. According to direction from City Council at the July 14 Council meeting, Staff modified the rate ordinance to include only the 75t sewer rate increase effective August I, 1988. Staff will proceed now to study rate options to be presented to the proposed advisory committee so that the Council may act upon a different rate ordinance prior t❑ January I, 1989. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #92I2. Motion carried: 7 Yeas; 0 Nays. 88-47B-473-459 CIO.] RESOLUTION #2880--Authorizing publication ❑f Notice ❑f Intention to Issue__Certificates ❑f Obligation. RESOLUTION #2880 A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of Subchapter C of Chapter 271, Local Government Code, for the purpose of providing funds for the payment of contractual obligations incurred with respect to (i) the purchase of (a) additional land for authorized needs and purposes, t❑ wit: a 474 July 28, 1988 sewer farm and (b) the expansion and upgrading of the land - application site (including the construction of new irrigation systems and piping on existing and newly acquired land, construction of a terminal storage reservoir, and other construction and improvement in connection therewith) and (II) professional services; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place the Council tentatively proposes to pass the! ordinance authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates are to be issued and (iv) the manner in which the Council proposes to pay the certificates; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in the principal amount not to exceed $5,000,000 for the purpose of providing funds for the payment of contractual obligations incurred with respect to (i) the purchase of (a) additional land for authorized needs and purposes, to wit: a sewer farm and (b) the expansion and upgrading of the land - application site (including the construction of new irrigation systems and piping on existing and newly acquired land, construction of a terminal storage reservoir, and other construction and improvement in connection therewith) and (ii) professional services, such certificates to be payable from ad valorem taxes and a subordinate lien on and pledge of the net revenues of the City's Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as apart of this resolution for all purposes. SECTION 2: That the City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be before the fourteenth day before the day stated therein for the first reading of the ordinance authorizing the issuance of the certificates of obligation. PASSED AND APPROVED ON FIRST READING, this 14th day of July, 19813. PASSED AND APPROVED ON SECOND AND FINAL READING, this 28th day of July, 1988. /sl B. C. McMinn Mayor, City of Lubbock, Texas. ATTEST: ZsL Ranette Boyd City Secretary, City of Lubbock, Texas Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to pass on second and final reading Resolution #2880. Motion carried: 7 Yeas; U days. 8847B-474-460 (16„) Consider Resolution #2881 accepting drainage channel im rovements constructed by Kerr Construction Company in Sewell Addition Tract C-1 West 19th Street and Loop 289). July 28, 1988 475 RESOLUTION #2881 RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Drdinance 1331, the subdivider of Sewell Addition, Tract "C- 1" made arrangements with Kerr Construction Company for the construction of improvements in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition including the following: Concrete Drainage Channel in easement from West property line of Lot 8 to Loop 289 known as New Subdivision Unit No. 2032-37; and WHEREAS, the construction of the above improvements was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 28th day of July, 1988. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Larry Hertel Is/ J. Worth Fullingim Larry D. Hertel, Acting City Engineer J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of drainage channel improvements where an alley was closed required at the time of platting this new subdivision. This subdivision is situated at the northwest corner of West Loop 289 and 19th Street and is for the expansion of Gene Messer Ford Dealership. No City cost is due the contractor and Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #28Bi as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 476 July 28, 1988 88-47B-476-461 (17.) RESOLUTION #28$T RESOLUTION ACCEPTING WATER SYSTEM IMPROVEMENTS FOR TRACTS B-1 AND M-1, RUSHLAND PARK ADDITION. WHEREAS, the developer of Tracts B-1 and M-1, Rushland Park Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $3,834.55 with the improvements constructed by Panhandle Construction Company having a value of $3,599.55 as determined by the unit prices established by said Chapter 28, and $235.00 cash paid to the City, with Whisperwood National Bank, the developer to receive no refund in accordance with Chapter 28 of the Code of the City of Lubbock; and WHEREAS, the construction of the said water improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements BE and the same are hereby accepted as an integral part of the water system of the 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 28th day of July, 1988. /s1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Wilford D. Watson Ls1 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 Pro Rata Ordinance at a total cost of $3,834.55. No refund is due the developer and Staff recommended acceptance of these improvements. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #2882 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. July 28, 1988 477 88-47B-477-462 (18.) RESOLUTION #2883 WHEREAS, the City Council has recognized the need to upgrade the wastewater system of the City of Lubbock; and WHEREAS, there also exists a need for long range planning for Lubbock's wastewater disposal system; and WHEREAS, it is necessary to insure compliance with all federal and state regulations pertaining to wastewater disposal; and WHEREAS, the City Council is in need of the advice of a citizens advisory group regarding the most appropriate improvements and the best method of financing for said improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a Wastewater Improvements Advisory Committee is hereby created to be composed of eleven (11) members who shall be appointed by the City Council, including a chairman who shall be designated by the Mayor. THAT the Committee is to be charged with the following responsibilities: 1. An evaluation of potential wastewater improvements. 2. An evaluation of various financing methods for proposed improvements. 3. An evaluation of the impact that the financing of such proposed improvements will have on the City's overall bonding capacity. 4. A recommendation regarding proposed sewer service rates for these improvements. THAT the Wastewater Improvements Advisory Committee shall be required to complete its analysis and to make the recommendations requested by the City Council no later than November 15, 1988. The City Council may ask the committee to continue to serve if, in its discretion, the City Council feels that oversight and review of the proposed capital program is in order. THAT appointments as chairman and members of the committee shall be for the duration of the activation of said committee. THAT the City Manager shall appoint members of his staff to act as :secretary and liaison to the committee and shall provide all possible assistance to the committee. 478 July 28, 1988 Passed by the City Council this 28th day of ►]uly, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 5 Bob Mass Bob Cass, Deputy City Manager APPROVED AS TD FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney At the July 14 City Council meeting, Staff was instructed to initiate steps for the creation of a Wastewater Improvements Advisory Committee. The Resolution indicates that the committee will be charged with the following responsibilities: 1. Evaluation of the need for various wastewater improvements. 2. Evaluation of various financing methods for these improvements. 3. Evaluation of the impact that the financing of these improvements will have on the City's overall bonding capacity. 4. Recommendation regarding proposed rates for these improvements. The Resolution also calls for an 11-member committee, with the chairman to be appointed by the Mayor and the committee is instructed to have a recommendation for Council by November 15, 1988. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to authorize Resolution #2883 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-417B-478-463 (19.) Consider Resolution #2884 proposing to increase the tax rate and settin a Public Hearing on such ro os RESOLUTION #2884 WHEREAS, the City Council of the City of Lubbock proposes to adopt a tax rate for the next tax year which will exceed 103% of the effective tax rate for the current year; and WHEREAS, adoption of said tax rate increase requires a public hearing prior to such adoption pursuant to Section 26.05(c) of the Texas Property Tax Code; NOW THEREFORE: July 28, 1988 479 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is hereby proposed to consider a tax increase for the next tax year which will exceed 103% of the effective tax rate for the current year; and THAT it is hereby ordered that a public hearing on such proposed tax increase shall be conducted at 9:45 A.M. on the Ilth day of August, 1988. Passed by the City Council of the City of Lubbock on the 28th day of July, 1988. MEMBERS VOTING AYE: Mayor B. C. McMinn Mayor Pro Tem Joan Baker Councilman Bill Maloy Councilwoman Maggie Trej❑ Councilman George Carpenter Councilman T. J. Patterson ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services MEMBERS VOTING NAY: Councilman Gary Phillips s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Assistant City Manager Robert Massengale discussed the law and procedures for adopting the 64t tax rate with Mr. Dave Kimbrough, Chief Appraiser at the Lubbock Central Appraisal District and Don Vandiver, Assistant City Attorney for the City of Lubbock. Because a 54t tax rate for the City of Lubbock would be an increase of at least 3%, a separate hearing is required by State statute. The following schedule was recommended by the Lubbock Central Appraisal District and the City Attorney's Office: July 28 Take record vote to increase the tax rate and schedule Public Hearing for a regular Council meeting. August 2 Publish notice of Public Hearing (quarter page ad) at least seven days prior to the Public Hearing. 480 July 28, 1988 This notice must show each Council person's name and their vote on the proceeding to increase the tax rate. August 11 Public hearing (regular Council meeting) -- According to the statute, this item must be the only item on the agenda for the Public Hearing. (The tax rate cannot be voted on at this meeting because another public notice must be published before the tax rate can be adopted.) August 17 Notice of vote on tax rate (quarter page ad). This is to advise the public of when the tax rate will be voted on. August 25 First reading of tax rate ordinance (regular Council meeting). September 8 Second reading of the tax rate ordinance (regular Council meeting). Since the budget hearing will be held on August 11 also, Staff recommended that the tax rate hearing be held at 9:45 a.m. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #2884 setting the date and time for the tax rate hearing for August 11, 1988 at 9:45 a.m. as recommended by Staff. Motion carried: 6 Yeas; 1 Nay --Councilman Phillips. Councilman Phillips stated that in his opinion, the additional Police manpower could be provided for without a tax increase of no more than 1t and possibly with no increase at all. He went on to say that he fears the public will rely on this year's increases to the Police Department Budget to solve the crime problems in Lubbock. 8847B-480-464 (20.) BID #9851--Police leather accessories Police Department]. C & G Police Supply, Garland --Belts, holsters, handcuff cases, handcuffs, belt keepers. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to accept low bid meeting specifications. Motion carried: 7 Yeas; 0 Hays. 88-47B-480-465 t21.� BID #9874--Trenchingand installing PVC pipe Water Utilities). Morton Irrigation, Plainview Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to accept low bid meeting specifications. Motion carried: 7 Yeas; 0 Days. July 28, 1988 88-47B-481-466 (22.) 88-47B-481-467 (23.) 88-47B-481-468 BID #9873--PVC RiRe and accessories Water Utilities). C & C Municipal Supply--6 18" 45-degree bend for PIP; 2 18"X10" tee for PIP; 1 18"x15" reducer; 1 18" 90-degree bend for PIP; 9 10" IPS x PIP adapter; 2,580' 15" PIP SDR 51, 80 PSI; 3,380' 10" PIP SDR 51 80 PSI. Oberkampf of Lubbock--4 10" propeller flowmeter MC crometer Model MW900; 4 10"x10"x6"06" double coupling riser. O'Toole Plastic Pipe Co.--1 10"x10"x15" Tee for PIP. Transtex Supply--4 Yardney Model No. SB-10 high rate basket strainer; 4 4" pressure relief valve 85 PSI setting; 4 10" resilient seat gate valve; 1,840' 181- P1P DSR 51 pipe. Watermaster--1 18" P1P x 10" CI reducer; 4 4" air relief valve. Western Industrial Supply, Amarillo--4 10"x10"0" victaulic reducing tee w/thread. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #9845--Playground a ui ment Parks and Recreation). Hunter-Knepshield Co., Bedford--100 cut resistant belt seat; 20 nursery seat. Modlin Recreation Equipment Co., Arlington--1 Game Time playground parts; 4 basketball goals; 12 vision stripe for volleyball net; 1 volleyball net, 32' length w/42' long support cables; 1 volleyball net, 28' length w/33' long support cables; 6 vision stripe for tennis net; 2 36', 4" length w/42' 6" tennis net. Kay Park-Rec Corp., Janesville, IA--5 picnic table. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. (24.) BID #9832--Elevator replacement. and authorize same (Electric Production_). RESOLUTION #2885 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 Dover 482 July 28, 1988 Elevator Company for Holly Avenue Generating Station Elevator Replacement; 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 28th day of July, 1988. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsl Harold Willard Harold Willard Assistant City Attorney THIS AGREEMENT, made and entered into this 28th day of July, 1988, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and DOVER ELEVATOR COMPANY of the City of MIDLAND, County of MIDLAND and State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: THAT for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agreed with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 9832 - HOLLY AVENUE GENERATING STATION ELEVATOR REPLACEMENT IN THE TOTAL AMOUNT OF $69,860.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete 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. July 28, 1988 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Ranette Boyd Secretary APPROVED AS TO CONTENT: /sj' Jay Wadsworth ATTEST: Ineligible COMPLETE ADDRESS: P. 0. Box 734, Midland, TX 79702 CITY OF LUBBOCK, TEXAS (OWNER) Zsl B. C. McMinn Mayor APPROVED AS TO FORM: js/ Donald G. Vandiver DOVER ELEVATOR COMPANY (CONTRACTOR) "_ Mary Lou Stone Mary Lou Stone Title: Contract Analyst Bid awarded to Dover Elevator Co., Midland --Holly Avenue Generating Station elevator replacement. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2885 as recommended by Staff. Motion carried: 1 Yeas; 0 Hays. 88-47B-483-469 (25.) BID #98 --Installation of bus turnouts - Texas Tech University, and authorize same (Transit- Citibus). RESOLUTION #2886 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 Kerr Construction Company for installation of Bus Turnouts - 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 as if fully copied herein in detail. Passed by the City Council this 28th day of July, 1988. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: ZsL Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ZsLGene Eads Is/ Harold Willard Gene Eads, Purchasing Manager Harold Willard, Assistant City Attorney I � ► July 28, 1988 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of July, 1988, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and KERR CONSTRUCTION CO. of the City of LUBBOCK, County of LUBBOCK and State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: THAT for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agreed with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 9857 - INSTALLATION OF BUS TURNOUTS - TEXAS TECH UNIVERSITY IN THE TOTAL AMOUNT OF $84,840.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Ranette Bovd Secretary APPROVED AS TO CONTENT: s Melinda Green Harvey ATTEST: Is1 Johnnie Howell COMPLETE ADDRESS: P. O. Box 888, Lubbock, Texas 79408 CITY OF LUBBOCK, TEXAS (OWNER) Zsj B. C. McMinn Mayor APPROVED AS TO FORM: Zs/ -Donald G. Vandiver KERR CONSTRUCTION COMPANY (CONTRACTOR) Inelligible Title: President Bid awarded to Kerr Construction Co. July 28, 1988 88-478-485-470 (26.) 88-47B-485-471 (27.) 88-47B-485-472 (2$•) 88-47B-485-473 (29.) Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2886 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #9766--Hydraulic aerial equipment (Electric Distribution). Hobbs Trailers--3 utility body (Spec 705); 3 utility body (Spec 708B); I aerial platform for lift. American Trailer--3 36' bucket truck, body and aerial lift. Gene Messer Ford, Inc.--3 36' bucket truck, cab and chassis; 1 41' bucket truck, cab and chassis. Altec Industries, Inc., St. Joseph, MO--1 truck derrick & bed, cab & chassis; 1 truck derrick & bed; 1 41' bucket truck, body & aerial lift. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #9850--350 MCM wire and 4-0 wire (Central Warehouse]. Nelson Electric Supply--20,000' 4/0 single conductor 15KV in 2" pipe. Nunn Electric Supply Corp.--2,000' 2/C 350 MCM & 1/C 4/0 cable 600V 90 deg. C Cond. Temp. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 31, 1988. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to reappoint George C. Wilson to the Canadian River Municipal Water Authority Board of Directors. Motion carried: Yeas; 0 Nays. Consider seven aRoointments to the Lubbock Municipal Arts Committee. The terms of Dottie Johnston, Anita Taylor, Raymond Powell, Susie Moore, Vivian Cooke. Sammy Ribble, and Bonnie Armstrong will expire on August 9, 1988. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Dottie Johnston, Anita Taylor, Raymond Powell, Susie Moore, Vivian Cooke and Sammy Ribble and to T V V July 28, 1988 88-47B-486-474 (30.) 88-47B-486-475 (31.) 88-117B-485-476 (32.) 88-►47B-485-477 (33.) 88-47B-486-478 (34.) appoint Morris Nunley to replace Bonnie Armstrong on the Lubbock Municipal Arts Committee. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilman Phillips, seconded by Councilman Carpenter reappointing Jeff Klotzman, Mavis Miller, Anita Taylor, and J. Dan Griffis and appointing Georgia Fojtasek to replace Ronald Key on the Lubbock Civic Centers Board. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Mary Beth Scull and Bill J. Parsley on the Airport Board. Motion carried: 7 Yeas; 0 Nays. Consider two appointments to the Transportation Temporary Advisory Committee. Marcelo H. Tafa a and Roy Roberts have _declined appointment. These appointments were held. Consider one appointment to the Zoning Board of Adjustment to fill the unexpired term of Maw Pineda whose term expires on February 261990. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to move Gary Creath from Alternate Member to Regular Member to fill the unexpired term of Mary Pineda and to appoint Penny Morin as Alternate Member on the Zoning Board of Adjustment. Motion carried: 7 Yeas; 0 Nays. Consider one agpointment to the Lubbock Libraries Board to fill the unexpired term of Esther Moses wh❑ is unable to serve. This term expires on December 31 1989. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Jewel Phea to fill the unexpired term of Esther Moses on the Lubbock Libraries Board. Motion carried: 7 Yeas; 0 Nays. 1 July 28, 1988 88-47B-487-479 (11.) ORDINANCE #9215 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2417-A; A ZONING CHANGE FROM A-1 TO R-1 ZONING ON A TRACT OUT OF SECTION 29, BLOCK A-K AND ON LOTS 1-1B, BRUNKEN HILL ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette presented this request for zone change on behalf of Gary Rothwell. No one appeared in opposition to the request and Mayor McMinn closed the Public Hearing. Assistant City Manager Jim Bertram stated that at the Planning and Zoning Commission meeting, this "down -zone" request from apartment zoning to single-family zoning generated no discussion except the proponent's presentation and brief Staff comments. Mr. Bertram gave the adjacent land use relationships as follows: North - Church and R-2 vacant South - Single family East - Single family West - Single family This will automatically create a minor change to the Comprehensive Land Use Plan. The area north, south and west of the church property (71st and Frankford) has a high density buffer on the Plan from 59th Street to 75th Street, west to Homestead Avenue. The original concern by developers about the water tower and churches has not deterred low density development, and construction of the single-family is now acceptable. The request is consistent with zoning policies and the change in zoning should have no negative effect on the street system. Staff recommended that Council uphold action of P&Z. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9215 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 8847B-487-480 (12.) ORDINANCE #9215--Zone Case #1490-J (,located on the southeast corner of 59th and Slide Road) -- Hold a Public Hearing on reguest of Wayne Robins for The Pantry Food Store for zoning change to delete Condition 3 of Ordinance 7233 on Tract A Fiesta Autoland Addition. 488 July 28, 1988 ORDINANCE #9216 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-J; AMEND CONDITION NO. 3 OF ORDINANCE NO. 7233 ON TRACT A, FIESTA AUTOLAND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Wayne Robins presented this request to lower the screening wall and allow a curb cut at The Pantry Food Store (located at the corner of 697th Street and Slide Road). He stated that proponents are willing to reduce the requested width of the driveway which will face west into Slide, from 40' to 36' and will move it slightly to accommodate the 15' turning radius required. No one appeared in opposition and Mayor McMinn closed the Public Hearing. Assistant City Manager Jim Bertram stated that this request includes the long -debated use and value of the wall as a buffer. The decision during the request by Alexis Park indicates that conditions have changed adjacent to Slide Road and that this current proposal is a routine case. Several of the adjacent property owners again presented their view that conditions have not changed and objected. Without the use as a buffer as a basis for the wall, the proposed curb cut is also treated as a routine request. Mr. Bertram gave the adjacent land use relationships as follows: North - Commercial South - Single family East - Commercial West - Residential Since the request is an amendment to an existing C-4 zone, the Comprehensive Land Use Plan policy is not an issue. As noted, zoning policy related to the visibility of the fence as a buffer has been changed. This request is consistent with the decision rendered at Alexis Park Shopping Center. With minor amendments for the curb cut, the Traffic Engineering Department does not oppose a curb cut at this location. As with curb cuts on all thoroughfares, there will be conflict between traffic to and from the convenience store and through traffic. The proposed cut should be no more detrimental than any other in this busy portion of Slide Road. The Planning and Zoning Commission recommended amendment of the current Condition #3 (Ordinance #7233) to the City Council on Tract A with the following conditions: 1. Allow a 30' driveway. 2. Curb cut shall have 15' radii. 3. Allow fencing to be lowered to 3' in height with landscaping and tied to the Site Plan submitted to the Planning and Zoning Commission. r July 28, 1988 Staff recommended approval as requested by Mr. Robins. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to pass on first reading Ordinance #9216 and stipulated the following: 1. Allow a 36' driveway. 2. Curb cut shall have 15' radii. 3. Allow fencing to be lowered to 3' in height with landscaping and tied to the Site Plan submitted to P&Z. Motion carried: 6 Yeas; 1 Nay --Councilman Carpenter. Councilman Carpenter explained his Nay vote saying that in his opinion, this action breaks a covenant with the homeowners across Slide Road. 88-47B-489-481 [13.� ORDINANCE #9217--Zone Case #2617 located on the northeast corner of 4th Street and Ouincy Avenue) --Hold a Public Hearing on re nest of Burl W. Masters for zoning change from T t❑ C-4 on Tract 0 less East 170' Terra Estates North Addition. ORDINANCE #9217 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2617; A ZONING CHANGE FROM T TO C-4 ZONING ON TRACT 0 LESS THE EAST 1701, TERRA ESTATES NORTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters presented this request for zone change on behalf of AAA Coffee Service. No one appeared in opposition and the Mayor closed the Public Hearing. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - Residential (outside city limits) South - Vacant and SPS Substation East - Residential West - Farmland Fourth Street is a farm to market thoroughfare, and thus meets Plan policy for heavy commercial to front on regional or State highways. Mr. Bertram stated that concern for commercial at this site is the residential area immediately abutting the requested change area to the north, although the Southwestern Public Service substation located immediately to the south creates a problem for single-family adjacent to this site. s E 490 July 28, 1988 88-47B-490-482 (14.) During the hearing, the proponent circulated a building elevation of an attractive office on 4th Street with the warehouse area in the back of the same building. The proposed coffee distribution company requires C-4 because of the warehousing of the product: With 4th Street being a major thoroughfare, the development should have little effect on traffic. Most truck traffic will enter the property from a side street on the west. Screening will be required on the north side of the property by the Code, and on the east and west if not deleted by the Planning and Ioning Commission during Site Plan review. P&I recommended approval of the proposal to the City Council with two conditions: 1. Limited to wholesale house, sales office and storage - no cotton storage and all C-3 uses. 2. A Site Plan, including building elevations showing materials, color and texture shall be sub- mitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on first reading Ordinance #9217 as recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. Zone Case #2618 located at 3601 23rd Street Hold a Public Hearing on appeal of Terry Echols (for Kathleen Sears, M.D.) for zoning Change from R-1 to AM on Lot 1 Block 1 Rockhaven Addition and consider ordinance. Mr. Terry Echols requested, on behalf of the proponent, that Council continue this Public -Hearing to the last regular meeting in August. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to continue Zone Case #2518 to the last Regular City Council Meeting in August. Motion carried: 7 Yeas; 0 Nays. Councilman Maloy stated he favors both Item Vs 15 and 7, but for reason of perceived conflict of interest asked that Council take action which would allow him to abstain from voting on both items. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to allow Councilman Maloy to abstain from voting on Agenda Item Vs 15 and 7 because of perceived conflict of interest. Motion carried: 7 Yeas; 0 Nays. July 28, 1988 491 88-47B-491-483 (15.) DRDINANCE #9218 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE: CASE NO. 2619; A ZONING CHANGE FROM R-2 TO C-2 ZONING ON BLOCK 43 AND A PORTION OF BLOCK 42, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters presented this request on behalf of the proponents. He stated that much work has been done during the past 18 months to get to this point. Mr. Masters' lengthy explanation brought out the type of Architectural styles to he used, the layout of the Center and its purpose. He went on to say that Furr's, Inc. has at this point already invested 3/4 of a million dollars and that the construction costs alone will he $10-12 million. His estimated time of completion is 2 1/2 to 3 years minimum. Mr. Masters indicated that it is their intent to pre - lease all the commercial property before building it. Dr. Sam Spikes, President of Overton South Neighborhood Association, spoke stated he was neither for nor against the requested change, and requested to address some pertinent points which concern his association. Dr. Spikes pointed out that there is no consensus in the association -- that some support and others oppose the requested changes. He asked that Council impose a one-year deadline for completion of this project, or that the zoning revert to that of 1979 if the Project is not complete after one year. He was strongly opposed to shared parking with First Baptist Church and greatly concerned about potential traffic problems. Dr. Spikes expressed his desire that a school he constructed on this site and made alle-gations regarding the amount received for sale of the property. A. B. Watkins, President of Overton North Association, spoke favorably of the proposed project and stated the endorsement of the full membership of his association for this project. Councilwoman Trejo asked if Mr. Masters had talked with Lubbock Redevelopment Association about the concerns of Overton South. Mr. Masters responded that this is not an LRA project, but is being done by Furr's, Inc. He went on to explain that the center will have 600 parking spaces and there will he multiple ingresses and egresses from Broadway, which is planned as the main access. Parking plans more than meet the Code, according to Mr. Masters. 492 July 28, 1988 Mr. Masters responded to Dr. Spikes' request that the zone change.for.the project be for only one year, by saying that it will take a year for him to draw the plans and get ready to go out for bids'and that there's no way the project can be complete in that time. Councilman Carpenter stated that the church has plans to close 13th Street between their buildings which should help with the traffic problems. Mayor Pro Tem Baker asked what the likelihood is for the church and center to both need the parking at the same time. Mr. Masters explained that the church's hours are different from the hours of operation of the center. Councilman Carpenter pointed out that the precedent for shared parking had already been set at a previous case involving Time D.C. property. Councilwoman Trejo asked the projected completion schedule, and Mr. Masters replied it will be a minimum of 2 1/2-3 years. Councilwoman Trejo then asked Mr. Masters if he could work with a five-year time limit. Mr. Masters replied that in his opinion any Council imposed time limit would be inappropriate and would be detrimental to the project, especially on the leasing end. He reiterated Furr's commitment to the project as evidenced by their $750,000 investment at the present time. Mr. Phil Laird, Wolfforth resident, stated his opinion that work is needed to improve public perception of the proposal. Mayor McMinn closed the Public Hearing. Assistant City Manager Jim Bertram indicated by memo that the current request represents a policy zone case under the Lubbock Comprehensive Land Use Plan. He gave the adjacent land use relationships as follows: North - Commercial South - City park - developed East - Residential West - Residential and church parking According to Mr. Bertram, the request represents no deviation from the current Comprehensive Land use Plan. The Plan was amended from the original "public use" designation to "commercial" in October, 1986. The request is adjacent to commer-vial on the north, and basically is an extension of that zoning. The previous plans for the land area development by the Lubbock Redevel- opment Association and amended by the Commission and City Council to the current Comprehensive Plan indicate this block in the tier of public use.', open space and commercial "buffer" between heavier residential and commercial zoning proposed toward the east from the residential to the west. As with most large zone cases, the July 28, 1988 493 Staff recommended that a prior to a construction condition. final Site Plan approval permit be attached as a Mr. Bertram advised that the greatest deficiency for commercial development at this site is the lack of thoroughfare or major street exposure. But, as the proponent illustrated, the nature and style of this proposal is such that the street access may not be critical. The proponent is working on a shared parking contract with the First Baptist Church. A proposal for deviation from Code parking requirements on the site will be heard by the Zoning Board of Adjustment. The Site Plan illustrates 111,060 square feet in the total construction area; 23,860 square feet in the cultural center and 87,200 square feet in the retail center. Although the Code has no requirement for the cultural center, a 11200 ratio for the entire area would require 550 spaces. The Site Plan indicates 256 on -site spaces, and the Agreement with the church will need to involve 294 spaces to be in line with 1/200. Staff recommended approval with the following condition by the P&Z Commission: 1. A Site Plan, including building elevations showing materials, color and texture shall be sub- mitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. Council was advised that if the ZBA were to deny the request for parking, this development would be seriously short of needed parking space. Motion was made by Mayor Pro Tem. Baker, seconded by Councilman Patterson to pass on first reading Ordinance #9218, with the condition that a Site Plan, including building elevations showing materials, color and texture be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit, as recommended by P&2 and Staff. Motion carried: 6 Yeas; 0 Nays; 1 Abstention --Councilman Maloy. 8847B-493-484 7.) Representatives from t e Lubbock International Cultural Center Board will aRpear to request funding for Lubbock International Cultural Center. Dr. Dudley Strain, representing the Lubbock International Cultural Center, presented the Center Board's request that Council authorize funding in the amount of $500,000 for the construction of a Cultural Center at the old Thompson Junior High School site. Dr. Strain stated that the Center presently has a $350,000 commitment from the developer; L.I.S.D. Board of Trustees have notified the Center Board by letter that it will consider student usage 494 July 28, 1988 fees•as a budget line item; and that appeals for grants and endowments have been made to various foundations and individuals. Dr. Strain presented the Center Board's request that Council authorize a minimum amount of $500,000 from the'Hotel-Motel Tax Special Fund for the Project. He advised that foundation grants, and individual gifts will be dependant on the City's financial backing. He listed several individuals and agencies who had written letters of endorsement for this Project and said the Center Board members are presently making presentations to service clubs and other groups in Lubbock to get their backing. Dr. Strain made the following points about the Project. 1 - The State has sanctioned the Center as a tax-free entity. 2 - The Center is an independent agency and its building can begin upon acquisition of the funds. As far as construction goes, it is not tied to the development of the commercial interests on the site. 3 - The Center has a 12-member Board. 4 - The Board believes the City will see a return on its investment tax -wise in 3-4 years. 5 - The Center will contain an International Library which will be available to all and which will not be a duplication of City Library services, but will have primarily maps, globes, etc. 5 - The Center will contain an Auditorium which will be available for various events connected with the international community. Councilwoman Trejo questioned Dr. Strain as follows: She asked how maintenance of the Center will be funded, and Dr. Strain stated the Board is seeking a permanent endowment for maintenance. She asked what would happen to the assets if the Project fails, and Dr. Strain replied that they would revert to the City of Lubbock. Councilwoman Trejo then stated her opinion that the citizens of Lubbock need to get to know each other better. Councilman Patterson urged appointment of Hispanics and Blacks to the Board. Dr. Strain said the Board will be enlarged with the intent of including members of the minority communities. July 28, 1988 495 By Staff memo Council was advised that the purpose of the hotel tax reserve fund is "to account for a portion of the hotel -Motel Occupancy Tax allocated specifically to the acquisition, construction, improvement, enlarging, equipping, repairing, operating, and maintenance of capital projects related to the tourism and convention industry.", and that, in the event that Council approved this request, Staff will need to draft a contract between the City and the International Cultural Center Board for Council approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to approve request of the Lubbock International Cultural Center Board for funding for Lubbock International Cultural Center, with the understanding that the Board and Council work out a legal agreement regarding a one-time transfer of $500,000 to be used for capital items for the Center and not for maintenance. It was stipulated further that these funds be kept by the City until transfer is appropriate, so they can continue to draw interest and that guidelines spelling out the timing of transfer be set forth in the agreement. Motion carried: 5 Yeas; 0 Nays; 1 Abstention— Councilman Maloy. 8847B-495-485 (35.) Consider eleven agpointments to the Wastewater ImproveTnents Advisory Committee. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to appoint Ben Robinson, Josh Silva, Greg Jones, Carl Stem, Lee Pennington, Margaret Williams, Doug Boren, Billie Caviel, Patrick Murphee, Ty Cook, and Bob Edwards on the Wastewater Improvements Advisory Committee. Motion carried: 1 Yeas; 0 Nays. 496 July 28, 1988 There being no further business to come before Council, motion was made by Councilman Carpenter, seconded by Councilman Patterson to adjourn the meeting at 12:01 p.m. Motion carried: 7 Yeas; 0 Nays. B. C. MCMI N, MAYOR ATTEST: RANET E BOYD, CITY SECRE R READ AND APPROVED THIS 11TH DAY OF AUGUST, 1988. 4L -B. C. MCMINN, MAYOR ATTEST: RANETTE BOYD, CITY SECRETARY THE STATE OF TEXAS COUNTY OF LUBBOCK R-243 Before me F rari c e s Hernandez a Notary Public in and for Lubbock Coun personally appeared Auf JI I ■ Al L Clint - n . - of the S pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Event being by me duly sworn did depose and say that said newspaper has been published C than fifty-two weeks prior to the first insertion of this Legal Notice No-82649F3- at Lubbock County. Texas a ed copy of the Legal Notice is a true copy of the original and was p Avalanche -,Journal on the following dates � J u I Y 13 + 8 eeAccount Mariaggr LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to belore me this 15th day of 1=, i .. . } FORM 58-10 NOTICE OF PUBLIC HEAR fill NOTICE IS HEREBY aIvet+ *hat fha Cil, C "a D&WIt hearing onOTh rn7daY. My 7L 196L At 9:X a.m.. in the Cif, Council bCLII.� az, to COnSidle ergo- mendair ons by the Planning and 7,aninf Commissbn Ilyt zoning I* a Or' certain l-uh6eickrth, in . Texas. All iM�h d ner- sane !nay weak, then tha City CaiinnIt -111 act on wear remrnman, d*ifens, The roUoriag Dow cases rifl be heard: ZONE CASE No. eare" 2t17-A. Rst Of David R. G,yeffe for rOni chan" from A.1 to R-I en ng a Oran! WAOf SWW 29, Blonk A-N and on Loft 1.1*, Brunken Nlfl Addition (724d to 73rd Street an, Gene* AY* "). ZONE CASE No. Toj. Rpuasf fe defeof le Co wlt'" 3 Off Ord nano! 7233 On Tr*ct A, Fiesta AuIOland AdfNflpii 15serthaan CO"W of Wh Mid slide ROad1. ZONE CASE NO. U17: R,,,, 01 Burl W. May tars far sonlfltl Change From T to GJ an Tr*cr O less Eau 1 tau caner gNOMrhfh And er Avonual. Ond f?Ylff. ZONE CASE NO. 2,14. Aaaaal of Terry Echols tar x,nLq change from of., to Am an Lot 4 Sfenk r, .'� Rreet).ockhan Addition 13601 23rd - ION' CASE NO. U19: *"Wal At Burl W. Mislerf for ip;Hn! ran R-2 to C-t on Bioa u And : n or"On Of 42. Overton AddltiOe ' • T 13'11 Shoe} And AvenueTl, k-.-;:.=c, i-3-91 3 11 THE STATE OF TEXAS R-264 COUNTY OF L['BBOCK Before me Frances HernandezHern4ndez a Notary Public in and for Lubbock Co+ ORDIN4NCF#;*T2 personally appeared T of the AN ORDINANCE AMEND- ING SEC IOW28•92OF THE pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning. Five CODE OFgFVIM RCOSOFTHE CITY OF LUBBOCK, TEXAS, IN being by me duly sworn did depose and say that said newspaper has been published ITS RNTIREtY $0 AS TO CHANGE THE RATES FOR SEW- t.han fifty-two weeks prior to the first insertion of this _ Legal Notes ER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE AU. No-876K�at Lubbock County, Texas GVST1,19BBrPROVIDINGASAV. INGS CLAUSE AND PROVIDING ed copy of the LQsEa I Notice is a true copy of the original and was FOR PUBLICATION. Avalanche -,Journal on the following dates: ORDINANCE#M 29 e_� Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 10- VIOV of August FORM a8-la AN ORDINANCE ABANDON- ING AND CLOSING PORTIONS OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11: BLOCK E-2. LUBBOCK COUNTY, TEXAS, AND MORE PARTICU- LARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DI- RECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDON- MENT AND CLOSING; PROVID• ING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA- TION. R-264 19 A.�d ^F rri`1AN D -7 ' .. � .-....: cl , ••ray p.4P 6"" 6 91