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Home My WebLink AboutMinutes - City Council - Regular - 8/9/1990CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 9, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of August, 1990 in the City Council Chambers, first floor, City Nall, 1525 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman M. J. Aderton, Councilwoman Maggie Trejo, 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.j The Invocation was given by Assistant City Manager Robert Massengale. { 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 25, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 90-49B--587-400 ( 4.) Scott Smith appeared on behalf of Lakeridge Methodist Church (4701 82nd Street) to request a Loudspeaker Permit for an outdoor concert to be held August 25, 1990 from 4:00 p.m. until 8:00 p.m. Since the activity will be held in a residential area, Council approval is necessary. Mr. Smith has obtained the signatures required by the Loudspeaker Ordinance, and has been advised by Staff to face the loudspeakers away from residences. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Lakeridge Methodist Church for August 25, 1990. Motion carried: 7 Yeas; 0 Nays. August 9, 1990 Page 588 90-49B-588-401 ( 5.) 90-49B-588-402 ( 6.) 90-49B••588-403 ( 7.) Pat Cismaru, Programs Administrator for RRIP, appeared to request a Loudspeaker Permit in conjunction with a party scheduled for August 11, 1990 from 5:00 p.m. until 8:00 p.m. for residents of Green -Fair Apartments. City Council approval is necessary because the activity is being scheduled in a residential area. According to Staff, the necessary signatures required for a Loudspeaker Permit were obtained. Motion was made by Councilman Patterson, seconded by Councilman Maloy to approve issuance of a Loudspeaker Permit to the Lubbock Housing Authority and RRIP for August 11, 1990. Motion carried: 1 Yeas; 0 Nays. Bill Payne, Chairman of the LECD Board of Managers, presented the Lubbock Emergency Communications District proposed 1990-91 Budget for Council approval. Funds for District operations are obtained from a fee collected by telephone companies which serve 911-E District citizens, and according to Staff comments, the proposed budget for the District will not require an increase in that service fee. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Baker to approve the Lubbock Emergency Communications District 1990-91 Budget as presented. Motion carried: 1 Yeas; 0 Nays. ORDINANCE #9366 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2315-B; CHANGE LOT 1, BLOCK 1, UNIVERSITY PLACE ADDITION, LUBBOCK COUNTY„ TEXAS FROM R-1 (DH DISTRICT) TO R-1 (DH LANDMARK) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on second and final reading Ordinance #9366 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. August 9, 1990 Page 589 90-49B-589-404 ( 8.) ORDINANCE #9368 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2651; A ZONING CHANGE FROM R-1 TO IDP ZONING ON A TRACT OUT OF SECTION 36, BLOCK A- K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 90-498-589-405 ( 9•) Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on second and final reading Ordinance #9368 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9369 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2652; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT FOR RESIDENTIAL AND OUT- PATIENT COUNSELING FACILITY FOR PERSONS WITH ALCOHOL DEPENDENCY AND RELATED DIAGNOSIS ON LOTS 9-20, BLOCK 101, ORIGINAL TOWN, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49B--589-406 (18.) Motion was made by Councilman Councilman Phillips to pass on Ordinance #9369 as recommended carried: 7 Yeas; 0 Nays. RESOLUTION_ 3429 Patterson, seconded by second and final reading by Staff. Motion 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 Project No. 9062 to be entered into by and between said City of Lubbock and Williams & Peters Construction Company, related to 1988 Assessment Paving Program, 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. August 9, 1990 Page 590 Passed by the City Council this 9th day of August, 1990 ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Larry HEertel Larry Hertel, City Engineer TO: Williams and Peters Construction Co. P.O. Box 5215 Lubbock, TX 79417 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ J. Worth Fullingim�___ J. Worth Fullingim, Assistant City Attorney Gentlemen: CHANGE ORDER NO. 1 TO PROJECT NUMBER 9062 WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely Change Order No. 1. Original Amount of Contract $1,025,190.15 Increased by Change Order No. 1 18,127.50 Total Amount of Contract $1,042,317.65 THIS AGREEMENT WITNESSETH: In consideration of the mututal advantages gained;, the Owner and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 9th day of August, 1990. WILLIAMS & PETERS CONSTRUCTION CO. (Contractor) By:ZsL Dean :Williams TITLE: Presid nt Dean Williams Willliams & Peters Construction Co. CITY OF LUBBOCK (Owner) By:ZsL B. C. McMinn ATTEST:/s/ Ranette Boyd B. C. McMINN Ranette Boyd MAYOR City Secretary RECOMMENDED FOR APPROVAL By:/s/ Hertel Larry Hertel City Engineer August 9, 1990 Page 591 1988 ASSESSMENT PAVING PROGRAM QUIRT AVENUE FROM EAST 50TH STREET TO SLATON HIGHWAY PROJECT NO. 9062 CHANGE ORDER NO. 1 1. 165 S.Y. Class C, Reinforced Concrete Paving $39.60 /S.Y. _ $ 6,704.00 2. 165 S.Y. Concrete Slab Removal and Disposal $29.70 /S.Y. = 4,900.00 3. 70 L.F. Curb and Gutter Removal $ 5.50 /L.F. = 385.00 4. 100 L.F. Curb and Gutter or Sawtooth Curb & Gutter $ 7.15 /L.F. = 500.00 5. 275 L.F. Ditch Grading $ 2.00 /L.F. = 550.00 6. 130 L.F. Joint Sawing and Joint Seal $ 3.30 /L.F. = 429.00 7. 45 S.Y. 5" Thick Concrete Flatwork $27.50 /S.Y. = 1,237.50 8. 125 L.F. 27" Toe Wall $15.40 /L.F. = 1,925.00 9. 170 L.F. 9" Toe Wall $ 8.80 /L.F. - 1,496.00 TOTAL $18,127.50 This Change Order is for reconstruction of concrete approach slabs at the Santa Fe Railroad crossing, including measures to prevent failures. The following measures were proposed to prevent future problems at this crossing: 1. Construct a toewall at a lower depth than the ballast adjacent to the railroad to prevent water from flowing through the ballast and penetrating the subgrade beneath the slab. 2. Construct a toewall along the sides of the slab to prevent possible flows from under the curb and gutter. 3. Reinforce the slab to act as a "bridge", even if portions of subgrade become eroded. 4. Grade a ditch to a dip section south of the railroad crossing to encourage maximum water flow over the surface. Although constructed in a similar manner, the Burlington Northern Railroad crossing, which is north of this location, has not suffered damage. The drainage characteristics at that location are different than those at the Santa Fe crossing, and this type of failure is expected at the approach slabs to the Burlington Northern crossing. The contractor has agreed to perform this work for $18,127.50. Since existing project funding is not adequate to cover the change order costs, a Budget Change Request is needed to transfer funds from the Street Improvement Fund balance. The contractor will not be given additional time for this change order since only 199 of 250 working days allowed for this project have been used. The work for this change order is expected to be completed in four to six weeks. Staff recommended approval. August 9, 1990 Page 592 90-49B-592-407 (19.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker t❑ authorize Resolution #3429 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Avenue). RE 0LUTION #3430 A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into a Contract with Midwest Concrete, Inc., for the making of sidewalk improvements in said City including among others the following: Arnett Benson Sidewalk Installation WHEREAS, the construction ❑f the above sidewalk improvements was performed under the supervision of the Community Development Administrator, and said improvements have been completed and have been inspected and found t❑ have been constructed in accordance with terms of said Contract, Project No. 311.3-599612-0001; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sidewalk improvements BE and the same are hereby accepted and the Community Development Administrator BE and is hereby authorized t❑ direct the final payment to the contractor in the amount of $1,276.13. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 9th day of August, 1990. ATTEST: /sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Sanidv Ogletree Sandy Ogletree, Community Development Administrator ESTIMATE FILED WITFf RESOLUTION Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Jean E. Shotts. Jr.� Jean E. Shotts, Jr., Assistant Trial Attorney This is a routine acceptance of a sidewalk project for the release of the 5% bid retainage. The project includes the installation of 1599 S.Y. of new sidewalk in the 2700 and 2800 blocks of Colgate Avenue and it was funded by Community Development as part of the ongoing redevelopment efforts in the Arnett Benson neighborhood. The Contract with Midwest Concrete, Inc. totaled $25,522.52. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Malay to authorize Resolution #3430 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. August 9, 1990 Page 593 90-49B-593-408 (20.) RESOLUTION_#3431 WHEREAS, the City Council of the City of Lubbock has heretofore executed an Agreement between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization); and WHEREAS, authorization has been granted to extend the above -mentioned Agreement through September 30, 1991; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study, 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 9th day of August, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Da►ii d E . Woosl ev David E. Wolosl ey, City Traffic Engineer CONTRACT STATE OF TEAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ J . Worth Ful l_i ng m J. Worth Fullingim, Assistant City Attorney This contract, entered into this 9th day of August, 1990, by and between the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization), hereinafter referred to as the "MPO" and the City of Lubbock, Texas, hereinafter referred to as the "City". WITNESSETH Whereas, on October 23, 1975, the MPO entered into a contract with the City of Lubbock, Texas; Now therefore, it is hereby agreed that the aforementioned contract of October 23, 1975, shall, subject to the condition hereinafter stated, be extended to cover the period from October 2, 1990, through September 30, 1991. Work will be performed as set forth in the Unified Work Program FY 1991 (October 1, 1990 to September 30, 1991). Condition: Exhibit "B", dated October 1990, attached hereto shall replace Exhibit "B" as attached to the aforementioned contract of October 23, 1975. August 9, 1990 Page 594 In testimony whereof, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART Steering Committee Lubbock Urban Transportation Study Is/ Jim Bertram Jim Bertram, Chairman ATTEST: Zsl Jac:k N. Moore Jack N. Moore, Secretary EXHIBIT B PARTY OF THE SECOND PART City of Lubbock s B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 David E. Woosley David E. Woosley, City Traffic Engineer APPROVED AS TO FORM: Is/ J . Worth Full i_ngi m�___ J. Worth Fullingim, Assistant City Attorney Summary of Section 112 funding to be received by the City of Lubbock for performing listed tasks during FY 1991 (October 1, 1990 - September 30, 1991) Task No. Task Description- 112 Funds 301.21 701.31 *UMTA Section 9 Transit Study Land Use Plan Update COPY OF APPLICATION FILED WITH RESOLUTION 100,000* 48,000 TOTAL $148,000 Each year, the City receives a grant of Planning 112 Funds from the State Department of Highways and Public Transportation which is administered by the Lubbock Urban Transportation Study. The funds for FY 1991 total $148,000 ($48,000--computerized data file maintenance for transportation planning; $100,000-- technical studies for the transit system as required by UMTA). Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #3431 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. August 9, 1990 Page 595 90-49B-595-409 (24.) BID #10779--Wood utility poles Central Warehouse). International Paper Co., Dallas --Lot price: 80 ea. 30' Creosote treated wood pole; 100 ea. 40' Creosote treated wood pole; 15 ea. 55' Creosote treated wood pole. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B,-595-410 (25.) BID #10797--Hay a ui ment Land AP21ication Site). Case Power Equipment Co. --I ea. Hay baler. Western Implement--1 ea. Swather/Windrower. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B•-595-411 (25.) BID #10745--Total Organic Carbon Analyzer (Water Treatment). Rosemount Analytical Dohrman Division, Santa Clara, CA --1 ea. T.O.C. Analyzer Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B•-595-412 (27.) BID#10776--Police uniforms, 2-year pricing (Police Department). Blair Uniforms Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-.595-413 (28.) BID #10458A--Radios (Radio ShoR). General Electric Mobile Comm. --Lot Price: 10 ea. VHF portable radio; 23 ea. VHF mobile radio; 1 ea. VHF base station; 1 ea. UHF portable radio, 2-channel; 3 ea. UHF portable radio, 8-channel; 1 ea. UHF portable radio 8- channel w/paging tones; 38 ea. UHF portable radio, 8- channel w/priority scan; 5 ea. UHF mobile radio w/priority search; 11 ea. UHF mobile radio w/priority scan; 9 ea. VHF RF power amplifier; 2 ea. UHF RF power amplifier. Motorola Communications--8 ea. VHF pager; 9 ea. OF alert monitor. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. August 9, 1990 Page 596 90-49B-596-414 (10.) Guava. �11.} Consider approval of an Oil and Gas Drilling. Permit for Lubheirs #11. On July 12, 1990, Staff received an application for a permit to drill this well, and, according to Staff comments, the application is substantially in order. The storage site is proposed in conjunction with a previously approved tank battery. The production unit which contains 40 acres and has a maximum diagonal of less than 3,000', is unitized. Texland proposed earth sludge pits with no landscaping at the well and storage site. The blow-out protector has a minimum rating of 3,000 psi. Disposal ❑f waste materials was proposed at a landfill in Lubbock County approved by the Railroad Commission. Access t❑ the drill and storage site is proposed from Erskine Avenue ❑n private property. Short Term Impacts: A minimum short-term impact is expected since the area south of Loop 289 is uninhabited, and current use is agricultural. The well and storage site are approximately 1810' north of existing residential development. Potential Long Term Impacts: The land area surrounding and including the south half of this Lease is designated open space on the 1986 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, and the property is owned by the City of Lubbock, few long-term negative impacts are anticipated. Recommended Permit Conditions: 1. N❑ hydrocarbon lubricant (waste oil) shall be used t❑ free -up the hole during drilling until after the first series of surface casing has been set t❑ 300' or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 300'. The permittee shall notify the Lubbock ❑ffice ❑f the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series of casing shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI ❑f the Lubbock Code and those specifications indicated within the appli- cation ❑f Texas for Texland-Lif-Lubheirs #11. Dub Bratcher, representing Texland Petroleum, presented this request for Oil and Gas Drilling Permit. No one appeared in opposition and Mayor McMinn closed the Public Hearing at 10:31 a.m. August 9, 1990 Page 597 Motion was made by Councilman Maloy, seconded by Councilman Phillips to approve request of Texland Petroleum for an Oil and Gas Drilling Permit (Lubheirs #11) with recommended permit conditions. Motion carried: 7 Yeas; 0 Nays. (12.) Hold a Public Hearing on the Proposed 1990-91 Budget. 90-498-597-415 (13.) Consider Ordinance #9370 adopting the_Pro nsed_1990-91 Budget. ORDINANCE #9370 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1990-91; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1989-90; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 1989-90 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE. City Manager Larry Cunningham gave an overview of the budget stating the four components as (1) the General Fund, tax -supported operations, (2) the Electric Fund-- LP&L Operations, (3) the Enterprise Fund --self- sustaining revenues from Water, Sewer, Solid Waste, Airport, and Golf Operations, and (4) the Economic Development Budget. According to Staff memo, Notice of this Public Hearing was published in the Lubbock Avalanche Journal on Sunday, August 5. The proposed budgets were reviewed by the City Council during Budget Work Sessions July 9- 10 and have been filed with the City Secretary as required by law. Second reading of these Ordinances is scheduled for August 23, 1990. Adoption of the Budget Ordinance must precede adoption of a tax rate and be considered as a separate item. Property Tax figures included in the Proposed Budget were based on preliminary figures provided by the Lubbock Central Appraisal District. The Proposed Budget estimated property value growth of $25 million over 1989; however, final valuation figures show an $80 million growth in 1989 which will produce an additional $350,174 in property tax revenue. Staff recommended that one-half of the additional revenues to the General Fund be placed in the Contingency Reserve and one-half into the Permanent Capital Maintenance Fund. Staff memo indicated that sales tax revenues continue to be uncertain, with the most recent check being below revised estimates, and further that although it is too early to project a rise or decline in sales tax projections, with the sales tax decline experienced during the past year and the undetermined impact on the cotton crop due to the weather early this summer, Council may choose to hold all the money in the Contingency Reserve. If Council desires to retain the 3 cents for the Economic Development Fund as Staff has done in the past, this would mean that $16,414 of the $350,174 would go into Economic Development Fund as shown on the revised schedule. August 9, 1990 Page 598 Another option presented for this funding was for costs related to compliance with EPA regulations an storm water runoff, discussed in the Policy Budget. Current available funds for the project are insufficient to meet projected engineering services and permit applica- tion costs. Staff comments suggested that Council consider the possibility ❑f using the additional property tax revenue to fund this federally -mandated project. A green fee increase for Golf Course rates was als❑ recommended as follows: Weekdays - an increase of $-50 (from $6.50 to $7.00) and Weekends - an increase of $1.00 (from $8.00 to $9.00). Green fees for members would also increase $.50 per round. Staff anticipated that the proposed fee increases will raise an additional $40,000 per year in revenue. A proposal to develop a "Career Track" for Fire Prevention was proposed as part of the 1990-91 Fire Department budget for attracting and retaining qualified personnel in a specialized area of Fire Prevention. Two different plans were considered in developing the "Career Track" proposal. A "one -list plan" which provides for all individuals testing for a particular rank to take the same test and a "two -list plan" which provided for a test in prevention separate from Suppression/Training. According to Staff, either plan would accomplish necessary improvements. During the budget work session, only the two -list plan was presented because at the time the "one -list" plan had unresolved legal questions. After resolution of the legal questions, the recommendation is to implement a "one -list system", which requires the same test for all assignments for a specific rank. Staff indicated this will achieve the objectives of retaining qualified trained personnel within the Fire Prevention Office. Additionally, Council reviewed the Proposed Capital Projects during the July 26 Work Session and the Economic Development budget during the July 10 Work Session. Water rates will increase October 1, 1990 based on a rate increase adopted last year, Sewer rates will remain the same as in 1989-90, and LP&L customers will benefit from a reduction in the fuel charge included in electric rates. The Airport Board recommended a two -stage increase in the long-term parking rates at the Airport. Rates increased from $3.50 per day to $4.50, effective August 1, 1990, and will increase by an additional $1.00 to $5.50 per day on November 1, 1990. The Board recommended that this additional money be placed in a reserve for future improvements to airport parking facilities. Mayor McMinn announced the format of the public hearing. The Public Nearing was opened at 10:45 a.m. Speakers were as follow: August 9, 1990 Page 599 Nita Mason, representing P.A.W.S., expressed appreciation for additional funds and personnel in Animal Control and requested that $11,000 be allocated for an Exhaust System. She stated that P.A.W.S. offered to pay 112 the costs ($5,500) for the system. Cecil Puryear asked for further cuts in the budget. Betty Johnson questioned increase in green fees and requested improvements be made to the golf course. Marty Stein spoke regarding the Host Agreement with the All American Environmental Corporation - Item #22 of this agenda. Ken Phillips spoke regarding the golf course fees and stated his opinion that they should be raised an additional 50¢ per round and establishment of a Permanent Fund which would pay for needed improvements in the future. He then commented favorably on the 34th Street Project. Mayor McMinn closed the Public Hearing at 11:25 a.m. Rita Harmon, Assistant City Manager for Public Safety and Services, stated that Staff estimates for the golf fee increases reflect their conclusion of what the market can bear. When questioned about Ken Phillips' suggestion, Councilman Gary Phillips voiced his concern about a $1.00 increase, advising that a $1.00 per round increase would make it necessary to maintain 36 rounds to break even. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on first reading Ordinance #9370, with the stipulation that the additional $350,174 in property tax revenue be placed in the General Fund Balance. Motion carried: 7 Yeas; 0 Nays. 90-49B--599-416 (14.) Consider Ordinance #9371 setting the Tax Rate for 1990-91. ORDINANCE_#9371 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 1990, 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. Staff recommended that the Property Tax rate remain at $.64 per $100 of assessed valuation. The tax rate ordinance allocates $.2632 to the Interest and Sinking Fund; $.3468 to the General Fund; and $.0300 to the Economic Development Fund. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to pass on first reading Ordinance #9371, setting the tax rate at 64¢, as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. August 9, 1990 Page 600 90-49B-600-417 (15.) ORDINANCE #9372 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO FEES FOR SOLID WASTE COLLECTION AND DUMPING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 90-49B--600-418 (16.) This Ordinance will approve a four -stage rate increase in Solid Waste Collection charges and landfill fees. The current $7 residential rate was recommended for an increase of $.50 in October, 1990, and an additional $.50 in April, 1991. Subsequent increases of $.50 in October, 1991 and April, 1991 are also included in the proposed Ordinance. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on first reading Ordinance #9372 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. revenues. ORDINANCE #9373 AN ORDINANCE AMENDING SECTION 26-22, SUBSECTION (b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ALLOCATION OF HOTEL ClCCUPALNICY TAX REVENUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance will reallocate the Hotel Occupancy Tax revenues as recommended during the Economic Development Fund budget review. The allocation to the Reserve for Convention and Tourism Capital Projects was reduced by 1/2 cent. The Convention and Tourism activities will receive an additional 1/2 cent. In addition, the 1990- 91 Economic Development Fund budget provides for a one- time transfer of $50,000 from the Reserve for Tourism and Convention Capital Projects fund balance to the Lubbock Visitors and Convention Bureau. Motion was made by Councilman Maloy, seconded by Councilman Patterson to pass on first reading Ordinance #9373 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-600-419 (17.) Consider Ordinance #9374 adopting 6% TMRS Contribution Rate. ORDINANCE_ #9374 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LUBBOCK; PROVIDING AN INCREASE IN THE RATE OF' DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY OF LUBBOCK; ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND PROVIDING A SAVINGS CLAUSE. August 9, 1990 Page 601 90-49B-601-420 (23.) This Ordinance increases the employee contribution rate to the Texas Municipal Retirement System (TMRS) to 6% of individual earnings and also authorizes a 100% Updated Service Credit (USC) for eligible employees (including transfer employees). These retirement plan improvements will be effective January 1, 1991. The City of Lubbock employee contribution rate, currently 5%, has been in effect since the City joined TMRS in 1950. These changes are included in the proposed budget for Fiscal Year 1990-91, and their adoption will increase the City's contribution rate to TMRS from 9.47% to 11.31% of employee earnings. The proposed budget also provides for an equal 1% increase in the employee contribution rate to the Firemen's Pension Fund, and an increase in the City's contribution rate. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on first reading Ordinance #9374 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3432 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 indicate approval by the City of Lubbock of the lease agreement attached hereto by and between the Board of City Development and the Science Spectrum by signing the same, which agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of August, 1990. s B. C. McMinn B. C. McMINN, MAYOR ATTEST:: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Is1 B-ob Cass Is1 Donald G. Vandiver Bob Cass, Deputy City Manager Donald G. Vandiver, First Assistant City Attorney AGREEMENT FILED WITH RESOLUTION Mayor McMinn asked to abstain from voting on this item due to perceived conflict of interest because he is a member of the Science Spectrum Board. It was consensus of Council to allow the abstention. August 9, I990 Page 602 Laurin Prather, President of BCD, requested approval of a Lease Agreement with the Science Spectrum for the former TIME -DC building located on South Loop 289. The BCD plans to occupy 32,900 square feet at a cost of $3.50 per foot per year, primarily to house a Business Incubator, Small Business Development Center, and other BCD functions and operations. The proposed Lease will be for five years, subject to annual renewals by the City Council. The Science Spectrum will be responsible for all external maintenance and modifications, including the exterior of the building, parking lots and capital item replacement for the heating and air conditioning system. The Board of City Development will be responsible for all internal modifications and renovations, including day-to-day maintenance of the heating and air conditioning system and all utilities used by that particular portion of the building. This building was chosen based on a report by Control Data in their study on potential site locations in Lubbock for a Business Incubator. The groups to be housed in the Center for Innovation are the Board of City Development, Small Business Development Center, the Bid Procurement Center, the Export Assistance Center, and the Incubator. Additionally, educational courses will be provided through a cooperative effort with Texas Tech University and South Plains College. This should enable the BCD to provide an overall program for all entrepreneurs seeking assistance in the City of Lubbock. It will also provide approximately 20,000' for the Incubator. Upon approval, the BCD plans to proceed with renovation of the interior of the building, and they anticipate a grand opening some time in October, 1990. Mr. Prather indicated to Staff that they anticipate revenues this year will not be adequate to run the Center; however, by relocating the Board of City Development offices, fixed costs could be redirected to address the cost situation. This item, which was considered and voted on by the BCD Board at a special called meeting on Monday, August 6, was recommended by BCD for approval. During Council work session, Council directed Staff to make changes to the Lease which would mean that should the Center for Innovations fail or not be funded, that rent on the space occupied by the Center would not be assessable against the leasee; and further, in the above event, the leasee would be obligated for rent on only the space occupied by the BCD, the Small Business Development Center and the Bid Procurement Center, for a period up to 6 months to accommodate relocation of those operations. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Resolution #3432. After brief Council discussion, motion and second were withdrawn, and City Attorney John Ross was instructed to get with the Attorneys for the BCD and Science Spectrum and draw revisions to the Lease reflecting the above stated Council Intent. August 9, 1990 Page 603 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to authorize Resolution #3432 and stipulating that changes be made to the Lease providing that, should the Center for Innovations fail or not be funded, that rent on the space occupied by the Center would not be assessable against the leasee; and further, in the above event, the leasee would be obligated for rent on only the space occupied by the BCD, the Small Business Development Center and the Bid Procurement Center, for a period up to 6 months to accommodate relocation of those operations. Motion carried: 6 Yeas; 0 Hays; 1 Abstention --Mayor McMinn. (21.) Hold an Executive Session to discuss land_ acquisition (Board of City Development, Water Utilities). (29.) Hold an Executive Session to discuss personnel matters regarding duties, responsibilities, and/or appointments of board members to: Private Industry Council MHMR Public Responsibility Committee Urban Renewal/Neighborhood Redevelopment Commission Lubbock Libraries Board Lubbock Civic Centers Board Canadian River Municipal Water Authority Board of City Development 90-49B--603-421 (22.) Consider Host Agreement with the All -American Environmental Corporation. The All American Environmental Corporation is planning to install a Recycling Plant to decontaminate non- hazardous contaminated soil in Lubbock. The total operation will entail about a $12-15 million investment and will create 60 jobs. This request includes the following: 1. A Host Agreement between the City of Lubbock and Ail -American Environmental Corporation. 2. A gift/grant of land between 50 and 100 acres. 3. Two to three years tax abatement. This Agreement, which states that the City of Lubbock is in favor of the proposed operation, is necessary for All -American Environmental Corporation to make application to the Texas Air Control Board to recycle. The Agreement has been reviewed by the City Attorney's Office and, according to Staff comments, it does not make the City liable. Laurin Prather, President of the Board of City Development, indicated to Staff that he has received three phone calls opposing this Agreement since the announcement two weeks ago - one from an individual, one from an environmental group, and one from a competing service here in Lubbock. August 9, 1990 Page 604 90-49B-604-422 (30.) 90-49B-604-423 (31.) 90-4!3B-604-424 (32.) 90-49B-604-425 (33.) 90-49B-604-426 (34.) Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Host Agreement with the All American Environmental Corporation. Motion carried: 7 Yeas; 0 Nays.. Consider one apgointment to the Private Industr Council to fill the term of Delfina Castillo which will expire on June 30, 1991. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Sam E. Ellis to fill the unexpired term of Delfina Castillo on the Private Industry Council. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Jim Bertram and Louise Cummins to the MHMR Public Responsibility Committee. Motion carried: 7 Yeas; 0 Nays. Consider one appointment to the Urban_Re-newall Neighborhood Redev„elonment Commission to fill the term of Craig Coles which will expire November 26, 1991. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Ron Childress to fill the unexpired term of Craig Coles on the Urban Renewal/Neighborhood Redevelopment Commission. Motion carried: 7 Yeas; 0 Nays. Consider one appointment to the Lubbock Libraries_ Board to fill the term of Vanessa Sims which will expire on December 31, 1992._ Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Mildred Deo to fill the unexpired term of Vanessa Sims on the Lubbock Libraries Board. Motion carried: 7 Yeas; 0 Nays. Consider four appointments to the Lubbock Civic Centers Board._ The _terms _of Bob 6rummal, Charley Pope, Sammy_ Ribble, and Kathy Richardson expired on August 1, 1990. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Bob Brummal, Charley Pope, Sammy Ribble, and Kathy Richardson to the Lubbock Civic Centers Board. Motion carried: 7 Yeas; 0 Nays. August 9, 1990 Page 605 90-49B-605-427 (35.) Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Baker to reappoint George C. Wilson to the Canadian River Municipal Water Authority. Motion carried: 7 Yeas; 0 Hays. There being no further business to come before Council, motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to adjourn the meeting at 12:56 a.m. Motion carried: 7 Yeas; 0 Nays. r . C. McMIKN, MAYOR AT ST: Ranette Boyd, City Secretary READ AND APPROVED THIS 23RD DAY OF AUGUST, 1990 J. L.' -� Cam, ,'B. C. McMINN, MAYOR Ranett Boyd, City Secretary SECOND READING ORDINANCES ORDINANCE N0. 9M6 AN ORDINANCE AAAENO- 1NG ZONING ORDINANCE NO. 7p8AOF THE CITY OF LUSSOCK. 8$iNG THE ZONING CODE S A$ TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2315• B; CHANGE LOT 1. BLOCK I. I UNIVERsITYPLACE ADDITION. LUBBOCK COUNTY. TEXAS FROM 11 -1 EDH DISTRICT) TO R•1 (OK LNDMARK) ZONING TRICTADESIGNATING A LAN4D- MARK THEREON; IDENTIFY. ING CERTAIN EXTERIOR AR- CHITECTURAL FEATURES OF THAT LANDMARK: PROVIDING FOR A PENALTY; PROVIDING,A SAVINGS CLAUSE AN PROVIQ- ING FOR PUBLICATION- 0 ROI NANCE NO.9W AN ORDINANCE AMEND- R-539 1-VAS ocK Henry a Notary Public in and for Lubbock County, Texas on this day T- J A u f i 1 1+ Account N a n a gs- r of the Southwestern Newspa- dishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly say that sate e W a pap rt has e been published continuously for more than fifty-two weeks pri- i of this the following dates o._ 7 )_ : z,, at Lubbock County, Texas and the attached print- u u s t ulTopg6the �r el and was printed in the Lubbock ING ZON%%G ORDINANCE NO.) 1084 AND THE OFFICIAL MAP OF TH$ CITY OF LUBBOCK MAKING THE FOLLOWING� runru rs • }n}•v�sti �9 R Account Manager NOTARY PUB41CIp and for the State Di Texas My Commissi E ires........ 4 LUBBOCK AVALANCHE -JOURNAL Southwestern Newspaper Corporation •� �eTONYA LEERY r� NaWy Public STATE OF TEXAS Subscribed and sworn to before me this day of �' +!8 Ear Net A I44R FORM a8-10