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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/10/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 10, 1991 10:00 A.M. The City Council ❑f the City of Lubbock, Texas met in regular session on the 1Oth day of January, 1991 in the City Council Chambers, first floor, City Hall, 1625 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. { 1.} The Invocation was given by City Manager Larry Cunningham. { 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve the Minutes of the December 13, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Hays. ( 4.) Board Appointments 91-5OA-.1-1 { 5.) A representative from the Lubbock Cultural Affairs Council will aRpear to present the following --items: A. Consider recommendations for awarding ❑f art grants for the second and final grant period of 1990. On January 11, 1990, the City Council approved an Agreement whereby the City would pay the Cultural Affairs Council $1O6,178 for the encouragement, promotion, and improvement of all forms of art in the community. This represents the amount collected from 112 cent ❑f the hotel/motel tax during the fiscal year that ended September 30, 1989. The Agreement provides that a review committee of the Cultural Affairs Council will receive and evaluate applications and make recommendations to the City Council for awarding of these grants. On June 28, 1990, the City Council approved recommendations of the Cultural Affairs Council for awarding $38,6OO in grants for the first half of 1990. Michael Martinez, representing the Lubbock Cultural Affairs Council Grants Review Committee, presented recommendation for Council approval of $33,46O in grant awards for the final grant period of 1990 as follows: January 10, 1991 Page 2 Westwinds Brass Band Concerts in the Park $ 2,000 Southwest Collection History of Headlines: Celebrating a Century of Lubbock Newspapers 2,750 Ballet Lubbock Spring Repertoire Ballet 5,000 TTU Bilingual/Multicultural Education Resource Center Mariachi Festival 1,500 TTU Music Theatre Gilbert & Sullivan's Patience 1,500 Lubbock Community Theatre "The Lady's Not For Burning" 2,310 Lubbock Cultural Affairs Council 13th Annual Lubbock Arts Festival 10,000 KOHM Radio KOHM Subscription and Kids and Classics Program 2,500 Lubbock Fine Arts Center Sculpture in the Park 3,400 TTU Department of Theatre Arts --Lubbock Summer Rep 2,500 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to award $33,460 in grants for the second and final grant period of 1990 recommended by the Lubbock Cultural Affairs Council. Motion carried: 7 Yeas; 0 Nays. B. Presentation of a check for interest earnings. The 1990 Agreement with the Cultural Affairs Council provided that $5,308.95 of the funds paid by the City could be put into an operating account for administrative costs, and all other funds received by the Cultural Affairs Council were required to be placed in an interest -bearing account pending dispersal to the grantees. The interest earned is to be rebated to the City, and a check was presented to the Mayor for interest received for the past year. January 10, 1991 Page 19 This Resolution authorizes issuance of the second segment of bonds for the Lake Alan Henry dam segment of the total Justiceburg project. The first segment, issued in November of 1989, was for $16,970,000, and the total of the two issues is $56,655,000. Bids have been received by the Brazos River Authority, and plans are for the Contract to be awarded January 21, 1991 at the Brazos River Authority Regular Board Meeting, along with the issuance of the these bonds. The Bond Resolution for the $39,5B5,000 to be issued is essentially the same as the one passed for the issue in November, 1989. These are revenue bonds of the Brazos River Authority and are secured by revenues from the Contract with the City of Lubbock. The City of Lubbock is totally responsible, by contract obligation, to repay all principal, interest, issuance cost, and paying agent fees. There is also a small fee (one-half of one percent of the annual payment for the principal and interest on the bonds) to be paid to the Brazos River Authority for handling the debt service. This Resolution gives Robert Massengale, Assistant City Manager for Financial Services, the authority to approve the bids on the bonds prior to their award by the Brazos River Authority. Staff members are scheduled to be in Waco for the January 21 Brazos River Authority Board Meeting in order to review the bid bonds and to deliver the City Council's approval of the issuance of the bonds and the awarding of the Contract. Included in the bond issue is $3,450,000, to be reimbursed to the City of Lubbock, for expenses incurred on the project. Staff recommended approval of the Resolution. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3523 as recommended by Staff. Motion carried: 7 Yeas; Q Nays. (22.) Consider a Resolution regarding federal representation services. This item was deleted. 91-50A-19-15 (23.;j Hold an Executive Session to discuss gending litigation --Utilities. 91-50A-19-15 (24.) BID #11043--Hydraulic tools (Water_Utilities}_ Commercial Body Corp., Irving--2 ea. 2" high volume Hydraulic Sump Pump; 4 ea. 80 lb. Hydraulic breaker. Racine Hydraulic Tools, Inc., Menomonee Falls, WI--4 ea. Hydraulic powered cut off saw. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. January 10, 1991 Page 20 91-50A-20-17 (25.) BID #11063--Envelopes (Print Shoe). Southwest Wholesale Envelopes--1,000 M LP&L #10 window envelopes; 1,000 M LP&L #9 window envelopes. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-20-18- (26.) BID #11010--Local Area Network and authorize same (Citibus). RESOLUTION #3524 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 Computer Transition Services for local area network -hardware for Citibus, 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 10th day of January, 1991. IsZ B. C. McMinn B. C. McM1NN, MAYOR ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsl Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Zsl Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 10th day of January, 1991 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 Computer Transition Services, of the City of Lubbock, County of Lubbock, and the 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 conditiions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: 91-50A-3-2 January 10, 1991 Page 3 C. Consider Resolution #3517 authorizing the Mayor to sign an Agreement with the Lubbock Cultural Affairs Council for the Arts Grant Program for 1991. RESOLUTION #3517 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 Lubbock Cultural Affairs Council, 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 10th day of January, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Rita P. Harmon Rita P. Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT /s/ B. C. McMinn B. C. McMINN, MAYOR This agreement is made by and between the City of Lubbock, a municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a non-profit Texas Corporation ("Council"), for the purposes and considerations hereinafter expressed: WITNESSETH: WHEREAS, Section 351.002 V.T.C.A., Tax Code authorizes the City to impose by ordinance a hotel occupancy tax which may not exceed seven percent of the consideration paid by hotel occupants for a hotel room; and WHEREAS, Section 351.101 V.T.C.A., Tax Code authorizes revenue from the municipal hotel occupancy tax to be used only to promote tourism and the convention and hotel industry; and WHEREAS, Section 351.101 V.T.C.A., Tax Cade authorizes the City to use a portion of revenue derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts; and January 10, 1991 Page 4 WHEREAS, there is now on deposit in the City's General Fund $106,411.72 (the "Funds") collected by the City on or before September 30, 1990, for the fiscal year ending on that date, which funds represent that portion of the hotel occupancy tax that may be disbursed for the encouragement, promotion, improvement and application of the arts as heretofore stated; and WHEREAS, the Council, which is comprised of a representative cross- section of those interested in and participating in the Lubbock arts community, has proposed certain Guidelines (hereinafter "Guidelines" that are attached hereto as Exhibit A and made a part hereof and incorporated herein by reference for all purposes) and said Guidelines require a Review Committee to recommend to the City how the funds should be distributed: NOW THEREFORE, the City and Council agree as follows: 1. The City hereby adopts, ratifies and affirms the Guidelines attached hereto as Exhibit A and the procedures set forth therein. 2. The City hereby agrees to pay to the Council the sum of $106,411.72 in three equal installments of $35,470.57; the first installment to be paid upon the execution of this agreement by both parties, the second ❑n or before August 15, 1991, and the third on or before November 15, 1991. :3. From the first installment paid by the City, $5,320.59 may be used to pay the estimated administrative costs of the disbursement of the funds. The balance of that installment and all other installments shall be deposited pending disbursement to application grantees in an interest bearing account at a depository of the Council's choosing. The principal amounts of the installments only shall be expended as approved, with the interest being rebated to the City at the end of the term of this agreement (or sooner at the convenience of the parties). 4. The City, in writing, shall approve in advance the semi-annual grant awards recommended by the Council and Review Committee. 5. The Council must maintain the funds provided by the City in a separate account established for that purpose and may not commingle those funds with any other money or maintain it in any other account. 6. The Council shall maintain complete and accurate financial records as to the administrative costs of the disbursement of the funds and as to the disbursement of the funds themselves and how they are spent by the application grantees, and on request of the City or another person, shall make the records available for inspection and review at all reasonable times, and shall make at least quarterly reports to the City with regard to such expenditures. The Council will furnish the City with an annual financial report listing all expenditures made by the Council and detailing how each grantee has expended its grant funds. ]'. The funds shall be disbursed to application grantees only in accordance with the Guidelines attached hereto. El. If the Review Committee approves applications for grants in excess of the amount disbursed by the City in either the first or second installments, but less than the total amount of $106,411.72, the City, in its sole discretion, may advance the additional amount requested prior to the time when the remaining installment or installments are to be paid. 9. The Council shall allow the City's accountants to audit the expenditure of the funds and shall be responsible for the costs of the audits (which may be paid from the funds), and any other expenses incurred by the City in assuring that said funds are properly disbursed by the Council. January 10, 1991 Page 5 10. The Council hereby indemnifies the City from any and all claims or liabilities of any nature whatsoever arising out of the disbursement and use of the funds by the Council including, but not limited to, any cause of action or claim arising at events made possible or partially possible by the funds, and the Council further agrees to hold the City harmless therefrom. 11. The Council will request that each grantee receiving funds include the following acknowledgement on printed programs or other information produced by the grantees: "This program (exhibit) is made possible (iin part) through a grant from the City of Lubbock recommended by the Lubbock Cultural Affairs Council." 12. This agreement shall expire December 31, 1991. Executed this 10th day of January, 1991. THE CITY OF LUBBOCK: /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST:: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Rita P. Harmon Rita P. Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: LslDonald G. Vandiver Donald G. Vandiver, First Assistant City Attorney LUBBOCK CULTURAL AFFAIRS COUNCIL: /s/. Nicky Standl ee Nicky Standlee, President ATTEST: Secretary EXHIBIT A filed with Resolution #3517. For each of the past eleven years, the City Council has approved an Agreement with the Lubbock Cultural Affairs Council whereby the City paid a portion of the revenues collected from the hotel/motel tax for the encouragement, promotion and improvement of all forms of art in the community. The 1991 Agreement provides for a total of $106,411.72, which is 1/2t of the U hotel/motel tax collected during the fiscal year ended September 30, 1990. This represents an increase of $233 over the $106,178 allocation for 1990. January 10, 1991 Page 5 91-50A-6-3 ( 6.) The Cultural Affairs Council recommended that a new Agreement be approved to continue this program through 1991. The provisions of the proposed 1991 Agreement are the same as those contained in the 1990 Agreement, except for amounts. The 1991 Agreement provides for a total sum of $106,411.72 to be paid to the Cultural Affairs Council in three equal installments of $35,470.57. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3517 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. RESOLUTION #3518 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, ELECT- ING TO BECOME ELIGIBLE TO PARTICIPATE IN A TAX ABATEMENT PROGRAM IN ACCORD WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT AND ADOPTING GUIDE- LINES AND CRITERIA GOVERNING TAX ABATEMENT FOR ALL TAXING UNITS CONTAINED WITHIN LUB13OCK COUNTY. WHEREAS, the City of Lubbock, Texas, is committed to the promotion of high quality economic development in all parts of Lubbock County, Texas and to an ongoing improvement in the quality of life for the citizens residing within Lubbock County; and WHEREAS, the City of Lubbock recognizes that these objectives are generally served by enhancement and expansion of the local economy; and WHEREAS, the City of Lubbock herewith determines that it is in the best interest of the citizens and economic development of the City of Lubbock to give consideration to providing tax abatement, as authorized by V.T.C.A. Tax Code, Sec. 312.001 through 312.4011, as stimulation for economic development within the City of Lubbock; and WHEREAS, the promotion of economic development in the City of Lubbock is strongly desired by the City Council; and WHEREAS, the amended Property Redevelopment and Tax Abatement Act allows for the creation of tax abatement zones to local criteria; and WHEREAS, the creation of tax abatement zones in the City of Lubbock and its extraterritorial jurisdiction can lead to future economic develop- ment by encouraging investment and creating jobs; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS; January 10, 1991 Page 7 THAT the City of Lubbock elects to participate in a tax abatement program as authorized by the Property Redevelopment and Tax Abatement Act and to that, end herewith adopts the attached GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR ALL TAXING UNITS CONTAINED WITHIN LUBBOCK COUNTY, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference. PASSED AND APPROVED this 10th day of January, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette. Boyd Ranette Boyd, City Secretary APPROVED A, TO CONTENT: Zsl Rod Ellis Rod Ellis, Business Liaison Officer APPROVED AS TO FORM: Zsl John C. Ross, Jr. John C. Ross, Jr., City Attorney EXHIBIT "A" filed with Resolution #3518. Laurin Prather, President of the Board of City Development, recommended that the City Council pass a Resolution indicating interest in participating in a Tax Abatement Program. Mr. Prather stated that as the BCD updated its Industrial Attraction Program, the fact that there was no uniformity in the approach to tax abatement among the taxing jurisdictions in Lubbock became apparent. A meeting of the five major taxing jurisdictions affecting the City of Lubbock was held in August, 1990 to begin standardizing the application process for tax abatement. According to Mr. Prather, it was determined that a standardized process should be uniform throughout the entire county. Once there was consensus of the leadership of the major taxing jurisdictions, they worked with all 19 taxing jurisdictions in Lubbock County. The two documents for Council consideration are a combination of input from all entities during a six months' process. This standardizes the application process and does not grant tax abatement. Each entity will make a decision to grant abatement on every single project. According to State statute, these guidelines and must be renewed every two years. Mr. Prather stated that Lubbock will be the only county with a standard application process under the new State statutes. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to authorize Resolution #3518 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. January 10, 1991 Page 8 91-50A-8-4 ( 7.) 91-50A-8-5 ( 9.) Harold Chatman, representing the Lubbock Citizens Harold Chatman, Chairman of the Citizens Traffic Commission, requested clarification of City Board Attendance Policy regarding military absence pertaining to Elroy Carson, member of the Lubbock Citizens Traffic Commission, who was called to active duty in the Army Reserves in November, 1990. Mr. Chatman expressed concern over Mr. Carson's status on the Commission. He said that the Board is uncertain whether military service is covered by the Attendance Policy. He requested assurance from the Council that Mr. Carson's absence would not result in the dismissal from the Commission and that, upon his return to Lubbock, Mr. Carson would be allowed to serve on the Citizens Traffic Commission. By memo, Staff had recommended that Council consider a uniform policy regarding military leaves of absence. Mayor McMinn assured Mr. Chatman that Mr. Carson will not be replaced at this time and stated that the issue of military leave of absence would be addressed when Council considers changes to the Board Attendance Policy at the last meeting in January. City of Lubbock. ORDINANCE #9404 AN ORDINANCE: PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR OWNERSHIP Or MUNICIPAL RECORDS AND THE RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE MICROGRAPHIC PRESERVATION OF MUNICIPAL RECORDS; PROVIDING FOR THE DESTRUCTION OF ORIGINAL MUNICIPAL RECORDS AFTER MICROGRAPHIC REPRODUCTION; PROVIDING FOR THE DESTRUCTION OF OTHER UNNEEDED MUNICIPAL RECORDS; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 7591 IN ITS ENTIRETY AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9404 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. January 10, 1991 Page 9 91-50A-9-6 (10.) ORDINANCE #9405--Levying paving assessments on 34th Street from Loop 289 to Milwaukee Avenue. ORDINANCE #9445 AN ORDINANCIE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVINI3 THE FOLLOWING ALLEY AND STREET LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE ALLEY BETWEEN 61ST STREET AND 62ND DRIVE AND BETWEEN LOUISVILLE DRIVE AND KENOSHA DRIVE ABUTTING LOTS 39 THROUGH 43 AND 145 THROUGH 164, MELONIE PARK ADDITION; AND INCLUDING 34TH STREET FROM WEST LOOP 289 TO MILWAUKEE AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION DF SUCH ASSESSMENTS AND FOR THE ISSUANCE DF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on second reading Ordinance #9445 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-9-7 (14.) Consider setting the date and time for the Community Development Block Grant Public Hearing. 91-50A-9-8 (15.) As part of the Community Development Block Grant submission process, the City Council conducts one public hearing to provide citizens the opportunity to comment on the proposed expenditure of Community Development funds. The recommended program developed by the Community Development Advisory Committee will be published on February 17, 1991, and Staff recommended setting the time and date of the public hearing for 5:00 p.m. on February 28, 1991. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to set the date and time for the Community Development Block Grant Public Hearing for February 28, 1991 at 5:00 p.m. as recommended by Staff. Motion carried: 7 Yeas; O Nays. RESOLUTION #3519 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 second sup- plemental agreement between the City of Lubbock and Wilbur Smith Associates for a parking analysis of the Lubbock Central Business District, 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. January 10, 1991 Page 10 Passed by the City Council this loth day of January, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Isf Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: David E. Woosley David E. Woolley, City Traffic Engineer APPROVED AS; TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney THE :STATE OF TEXAS § COUNTY OF LUBBOCK § This supplemental agreement is made, entered and executed between the City of Lubbock, hereinafter called the City, and Wilbur Smith Associates, hereinafter- called the Consultant. W I T N E S S E T H WHEREAS, thie City and the Consultant executed a contract on the 24th day of May, 1990, to conduct a parking analysis of the Lubbock Central Business District; and, WHEREAS, Article 1. Contract Period, of the contract, required the work under the contract to be completed on September 30, 1990; and WHEREAS, the City and the Consultant executed a supplemental agreement on October 11, 1990, extending the contract termination to December 31, 1990; and, WHEREAS, it has become necessary to amend the contract to extend the time for City review and final approval of the parking analysis report; NOW THEREFORE, premises considered, the City and the Consultant agree that said contract is amended as follows: 1. The contract, as amended by this supplemental agreement shall terminate upon the City's final approval of work completed by the Consultant or on January 31, 1991, whichever occurs earlier, unless otherwise terminated or modified as provided in the contract. All other terms and conditions of the contract are unchanged and remain in full force and effect. January 10, 1991 Page 11 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS SUPPLEMENTAL AGREEMENT. CITY OF LUBBOCK BY: /s/ B. C. McMinn B. C. MCMINN, Mayor ATTEST: /s/ Ranette R..avd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 5 David E. Woosley David E. Woosley, City Traffic Engineer WILBUR SMITH ASSOCIATES BY: /s/ E. L. WALKER, JR. E. L. WALKER, JR., Senior Vice President APPROVED AS TO FORM: /s1 J. Worth Fullingim J. Worth Fullingim Assistant City Attorney According to Staff memo, the Lubbock Central Business District Parking Analysis has been completed and is ready for presentation at the January 24, 1991, City Council Work Session. However, the current Contract expired December 31, 1990, and Staff recommended it be extended to January 31, 1991. No additional monies will be involved in this extension, and Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #3519 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-11-9 (16.) Consider Ordinance #9406 authorizing the removal of the traffic signal on 19th Street at the south leg of Avenue U. ORDINANCE #9406 AN DRDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 19TH STREET AND THE SOUTH LEG OF AVENUE U AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. The Lubbock Independent School District requested that the existing traffic signal on 19th Street at the south leg of Avenue U be relocated to 19th Street at the north leg of Avenue U to better serve the needs of the traffic and students around Lubbock High School. A traffic analysis was conducted at each intersection by the Traffic Engineering Department, and the results showed that current traffic flow cannot justify the existing traffic signal on the south leg; however, the volume of traffic approaching the intersection on the north leg is 24% higher than the south leg and justifies a traffic signal. Bluebonnet Cleaners expressed concerns about the relocation; the Senior Citizens Center did not perceive any problems with the relocation. According to Staff memo, since most of the equipment can be reused at the new location, the total cost should not exceed $10,000, and funding is currently available in the Traffic Control System Capital Projects Fund. Staff recommended approval. January 10, 1991 Page 12 Motion was made by Councilman Patterson, seconded by Councilman Aderton to pass on first reading Ordinance #9406 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-SOA-12-10 (17.) Consider Ordinance #9407 authorizing a traffic signal on 19th Street at the north 1&q of Avenue U. ORDINANCE #9407 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT 19TH STREET AND THE NORTH LEG OF AVENUE U; AND PROVIDING FOR PUBLICATION. 91-50A-12-11 {18.� Motion was made by Councilman Patterson, seconded by Councilman Aderton to pass on first reading Ordinance #9407 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. RESOLUTION #3520 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 2- A, METHODIST HOSPITAL ADDITION. WHEREAS, the developer of Lot 2-A, Methodist Hospital Addition has complied with the provision of Chapter 28, Article IV of the Code of Ordi- nances of the City of Lubbock, by providing the water and sewer system improvements for said Addition, in accordance with Section 28-156 of said Chapter; and WHEREAS, the total utility cost to the developer is $16,355.11 with the improvements constructed by Craft Construction Company, having a value of $15,705.75 as determined by the unit prices established by Chapter 28, and $649.361 cash paid to the City, with Methodist Hospital, the developer to receive a refund of $0.00 in accordance with Chapter 28 and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of said water and sewer system improvements was performed under the supervision of the Water Utilities Engineer and complleted in accordance with City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements BE and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with Chapter 28. January 10, 1991 Page 13 SECTION 3. THAT a refund of deposit he made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and he in force from and after its passage. Passed by the City Council this loth day of January, 1991. ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: IsI J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 91-50A-13-1&O (19.) IsI B. C. McMinn B. C. McMINN, MAYOR This is a routine acceptance of water improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $16,355.11, including value of construction costs of $15,705.75 and $649.36 cash paid to the City. This represents Phase II of the relocation of water and sanitary sewer lines in conjunction with the Methodist Hospital Expansion Project. Methodist Hospital will handle dedicating any necessary utility easements. Staff recommended acceptance of these improvements. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3520 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Authority for the construction o eration and maintenance of Lake Alan Henry. RESOLUTION #3521 WHEREAS, the City of Lubbock, a Texas Home Rule Municipality, located in Lubbock County, Texas (herein called "City") has been requested by Brazos River Authority, A River Authority of the State of Texas, (herein called "BRA") to convey and assign to BRA certain easements for the construction, operation, and maintenance of Lake Alan Henry Dam (formerly called Justiceburg Dam) and Lake Alan Henry (herein called "Project") to be built by BRA on the South Fork of the Double Mountain Fork of the Brazos River in Garza and Kent Counties, Texas; and WHEREAS, City is agreeable to complying with the request of BRA to expedite and further the Project in the interest of the City and its citizens; NOW THEREFORE: January 10, 1991 Page 14 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the Ci-ty an Easement Conveyance and Assignment from City (as Grantor) to BRA (as Grantee) in the form as submitted by BRA, 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 loth day of January, 1991. I_s/- B. C. McMinn B. C. McMINN, MAYOR ATTEST: /S/ Raiie %, e� Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsL-Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: LsL-,J_Worth Fullingim J. Worth Fullingim, Assistant City Attorney EASEMENT CONVEYANCE AND ASSIGNMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF GARZA AND KENT § That the CITY OF LUBBOCK, TEXAS, a municipal corporation of Lubbock County, Texas, hereinafter called "Grantor", for valuable consideration, receipt of which is hereby acknowledged has granted, transferred and conveyed and by these presents does grant, transfer and convey unto BRAZOS RIVER AUTHORITY, a river authority of the State of Texas, hereinafter called Grantee, whose address is 4400 Cobbs Drive, Waco, Texas 75714, an easement for the construction, operation and maintenance of Lake Alan Henry Dam (formerly called Justiceburg Dam) and Lake Alan Henry, hereinafter called "Project", to be built by Grantee on the South Fork of the Double Mountain Fork of the Brazos River in Garza and Kent Counties, Texas, on, over and across the tracts of land conveyed to Grantor in fee simple by the deeds listed in Exhibit "A", attached hereto, with it being specially agreed by Grantor that Grantee shall have the right to permanently flood, overflow and inundate all portions of said tracts of land situated upstream of the said Lake Alan Henry Dam and located below elevation 2220 feet above mean sea level with waters impounded by or the flow of which is retarded by the said Lake Alan Henry Dam; to temporarily flood, overflow and inundate all of any part of said tracts held in fee by Grantor located below said dam with water released through the spillways or outlet works of said dam; and to temporarily flood, overflow and inundate all parts of said lands held in fee by Grantor situated upstream of said dam and located between elevation 2220 feet above mean sea level and elevation 2245 feet above mean sea llevel with waters impounded by or the flow of which is retarded by the said Lake Alan Henry Dam, with it being agreed that Grantee shall never be liablle to Grantor, its successors or assigns, for damages to said tracts of land or anything located thereon caused by the impoundment or retardation of fllow of water by said Alan Henry Dam. It is further agreed that Grantee shall) have access to all portions of said land held in fee by Grantor for all purposes reasonably related to the construction, operation and maintenance of Project including, but not limited to, law enforcement. Grantor further grants, transfers, all easements held by it or agreed to be listed in Exhibit "A", attached hereto. January 10, 1991 Page 15 conveys and assigns unto Grantee conveyed to it under the deeds This conveyance is made by Grantor and accepted by Grantee subject to all outstanding mineral interests, royalty interests, easements, leases, agreements, reservations, restrictions, ordinances, covenants and encumbrances of record in Garza and Kent Counties, Texas, which affect or pertain to the premises described in the deeds listed in Exhibit "A", attached hereto. All rights granted or assigned herein shall remain in full force and effect for as long as Grantee operates and maintains Project under the terms and conditions of that certain Water Supply Agreement by and between Brazos River Authority and the City of Lubbock, dated May 11, 1989, as same may be amended from time to time. Upon termination of said Agreement, said Easements with the rights granted or assigned herein shall terminate and revert to Grantor and Grantor's successors and assigns. TO HAVE AND TO HOLD the above described easements and rights together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee and Grantee's successors and assigns forever and. Grantor does hereby bind itself, its successors and assigns to warrant and forever defend all and singular the above described easements and rights unto Grantee and Grantee's successors and assigns against any person whomsoever lawfully claiming or to claim the same or any part thereof, subject however to the matters stipulated herein. EXECUTED this the loth day of January, 1991. THE CITY OF LUBBOCK, TEXAS BY /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: s Ranette Boyd Ranette Boyd, City Secretary "Grantor" THE STATE OF TEXAS COUNTY OF LUBBOCK THIS INSTRUMENT was acknowledged before me on the loth day of January, 1991, by B. C. McMinn, Mayor of the City of Lubbock, on behalf of said City and in the capacity therein stated. ZsZ Olivia R. Solis Notary Public in and for the State of Texas APPROVED AS TO CDNTENT: s Dari A. Hawkins Dan Hawkins, Director of Water Utilities APPROVED AS TO FORM: s J. Worth Fulling_im Assistant City Attorney (Brazos;\Lubbock.Easement) EXHIBIT "A" filed with Resolution #3521. January 10, 1991 Page 16 91-50A-16-13 (20.) Lubbock's Agreement of May 3, 1989 with the Brazos River Authority provides that all Easements be either granted or assigned to the Authority for construction, operation, and maintenance of the Lake Alan Henry Project. According to Staff memo, this Easement conveyance concerns seven properties in the lower portion of the reservoir and comprises all of the construction area at the dam site as well as the main portion of the public access area. This instrument would grant, transfer and convey such Easements to the Brazos River Authority for the construction, operation, and maintenance of the Lake Alan Henry Dam and Reservoir, and grant the Brazos River Authority the right to permanently or temporarily flood and inundate all portions of the seven tracts of land specified in the instrument located upstream and immediately downstream of the dam. This Easement conveyance will remain in effect as long as the Brazos River Authority operates and maintains Lake Alan Henry under the terms and conditions of the Water Supply Agreement. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Resolution #3521 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3522 BE IT IRESDL.VED 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 Letter of Approval to the Brazos River Authority with regard to the letting of the construction contract for Lake Alan Henry Dam to Granite Construction Com- pany, 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. January 10, 1991 Page 17 Passed by the City Council this 10th day of January, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Ls/ Ranettel Boyd Ranette Boyd, City Secretary APPROVED AS; TO CONTENT: Zsl Dan A. Hawkins Dan Hawkins, Director of Water Utilities APPROVED AS TO FORM: Isj Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney LETTER OF APPROVAL filed with Resolution #3522. 91-50A-17-14 (21.) The Water Supply Agreement between Brazos River Authority and the City of Lubbock states that letting any part of the Contract for construction of the Project will be subject to the approval of the City prior to the letting. This letter confirms the City's approval to Brazos River Authority for awarding the Construction Contract for Lake Alan Henry Dam to Granite Construction Company. After reviewing the bids, Freese and Nichols, Inc., recommended awarding the Contract to Granite Construction Company, and Staff agreed with this recommendation. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3522 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3523 RESOLUTION (1) APPROVING A RESOLUTION AUTHORIZING AND REQUESTING THE ISSUANCE OF BRAZOS RIVER AUTHORITY SPECIAL FACILITIES (LAKE ALAN HENRY) REVENUE: BONDS, SERIES 1991; PRESCRIBING THE FORM AND TERMS OF SAID BONDS; PROVIDING FOR THE SECURITY AND PAYMENT THEREOF; AUTHORIZING THE FORM AND USE OF THE DFFICIAL STATEMENT; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT; AND (2) REQUESTING THE ISSUANCE AND SALE OF SUCH BONDS January 10, 1991 Page 18 THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK WHEREAS, on May 11, 1989, the City of Lubbock, Texas (the "City") and Brazos River Authority (the "Authority") entered into that certain Water Supply Agreement (the "Contract") in order that City may obtain an additional surface water supply; and WHEREAS, in order to provide the additional water supply the Authority its to construct, maintain and operate the "Project" (as defined in the Contract); and WHEREAS, pursuant to the Contract, upon request of the City, and only upon its request, the Authority is to issue and sell Bonds (as defined in the Contract; in an aggregate amount sufficient in the opinion of the Authority) and the City to pay all Project Costs (as defined in the Contract) and to establish any funds required by the resolution authorizing the Bonds; and IdHEREAS, the Contract provides that the initial resolution authorizing the issuance of the preconcstruction bonds and construction bonds for the Project (the "Bond Resolution") is subject to approval by the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. In accordance with the Contract, the City and Authority have determined that the Authority shall issue and sell bonds more particularly described as "Brazos River Authority Special Facilities (Lake Alan Henry) Revenue Bonds, Series 1991 in the aggregate amount of $39,685,000 (the "Bonds"). SECTION 2. There has been submitted to the City the Bond Resolution substantially in the form to be adopted by the Board of Directors (the "Board") of the Authority on January 21, 1991 and bearing the draft date 12/17/90. SECTION 3. The Bond Resolution is hereby approved by the City, and the Authority is requested to issue and sell the Bonds. SECTION 4. The City's approval of the Bond Resolution is subject to the review and approval of the terms of sale of the Bonds on January 21, 1991. The City expressly delegates the power of review and approval to the Assistant City Manager for Financial Services. The power granted in this section shall be exercised in accordance with the following criteria: the Bonds .are sold upon the terms and conditions as set forth in the Notice of Sale and Bidding Instructions and Official Statement dated January 4, 1991, and in the professional judgment of the Assistant City Manager the terms of sale of the Bonds are feasible and within the City's ability to pay. Passed by the City Council this 10th day of January, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST,: s Raiette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s J. Robert Massengale Robert Massengale, Assistant City Manager for Financial Services Draft Resolution authorizing issuance of bonds, dated 12/17/90, filed with Resolution #3523. January 10, 1991 Page 21 BID NO. 11010: Local Area Network -- $75,500.00 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: Ls-L-Ranette Boyd Secretary APPROVED AS TO CONTENT: /s/ Dusty D. Peters ATTEST: Isl Craig G. Alley Secretary CITY OF LUBBOCK, TEXAS (OWNER) Zs/ B. C. McMinn Mayor APPROVED AS TO FORM: IsZ Dan Vandiver Computer Transition Services, Inc. CONTRACTOR By: David D. Baucum TITLE: President COMPLETE ADDRESS: Computer Transition Services 3223 S. Loop 289 #556 Lubbock, Texas 79423 Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3524 as recommended by Staff. Motion carried: 7 Yeas; D Nays. 91-50A-21-19 [27.;� BID #10943-- RESOLUTION #3525 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 Armstrong Mechanical Company, Inc. for HVAC renovation at Lubbock International Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. January 10, 1991 Page 22 Passed by the City Council this 10th day of January, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT:. Is Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: IsZ Harold_' Willard Harold Willard, Assistant City Attorney IsZ B. C. McMinn B. C. McMINN, MAYOR CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 10th day of January, 1991 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 Armstrong Mechanical Company, Inc. of the City of Lubbock, County of Lubbock, and the 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 agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10943: HVAC Renovation at Lubbock International Airport -- $108,600.00 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. January 10, 1991 Page 23 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette- Boyd /s/ B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: Isl Jerry Smith /s/ Don Vandiver Asst. City Attorney ATTEST: Armstrong Mechanical Co., Inc. Isl Gayle 14. Butler CONTRACTOR Secretary (Asst. Corp.) By: Isl Woody Martin TITLE: Vice President COMPLETE ADDRESS: Armstrong Mechanical Co., Inc. 710 East 40th Street P.O. Box 3430 Lubbock, Texas 79452 Lubbock, TX 79452 Armstrong Mechanical --Base Bid Item #1 - Installation of new chiller, approved by City Council December 13, 1990. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3525 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 91-50A.-23-20 (28.) BID #11019--H draulic well pulling derrick Water Treatment). Semcoaf Lamar, Lamar, CO. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 1 Yeas; 0 Nays. 91-50A-23-21 (29.) BID #11021--Truck tire recapping annual -pricing (Garage Parts). Woody Tire Co.--100 ea. Racap radial and bias truck tires sizes 1000x20 and 1100x22.5 deep lug tread width #1; 100 ea. Recap radial and bias truck tires sizes 1000x20 and 1100x22.5 deep lug tread width #8; 100 ea. Recap radial and bias truck tires sizes 1000x20 and 1100x22.5 deep lug tread width #8.5. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize law bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. January 10, 1991 Page 24 91-50A-24-22 (30.) BID #10994--Banquet tables (Civic Center)_ 91-50A-24-23 (11.) Bryan Equipment Co., Bryan--300 ea. 8' rectangular table; 50 ea. 5' round table. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize law bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. Monterey Center Addition. ORDINANCE #9408 AN ORDINANCE: AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-A; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT TO DELETE ALL PRIOR CONDITIONS OF ORDINANCES 2183, 2215, 2585 AND 5217 TO ALLOW FOR REDEVELOPMENT OF THE PROPERTY ON TRACT A, SAVE AND EXCEPT THE NORTHEAST 500' X 500' TRACT, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Randy Egenbacher, representing Cavalcade Development, appeared to present this request for zone change. Tom Pritchitt, Land Planner for this project, Gary Warren, representing W.D. Wilkins Co., and Jim Smith, representing Second Baptist Church, spoke in favor of this request. Mr. Egenbacher stated that an agreement has been reached between the Warren family and Cavalcade regarding the Wilkins Co. site. He stated further that Cavalcade has written a letter to Second Baptist Church granting them continued use of the parking area until such time as Cavalcade has need of the property. He went on to state that Cavalcade would be willing to sell the area currently used for parking by Second Baptist Church, to the church. No one spoke in opposition. Mayor McMinn closed the hearing at 10:38 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - commercial South - church and residential East - commercial West - commercial The area is noted as commercial on the Comprehensive Land Use Plan. An area 500' along 50th and Elgin in the northeast corner was zoned C-3 previously to accommodate a Furr's Cafeteria; the request in this case is the balance of the property previously occupied by Monterey Center. January 10, 1991 Page 25 The Planning and Zoning Commission considered this request similar t❑ the previous 500' parcel in that Cavalcade has presented a proposed setback line around the property and a request that the actual Site Plan be approved at a later date. The setback and small parcel locations along 50th Street represent a mutual understanding between Cavalcade and W. D. Wilkins. Representatives of Second Baptist Church, located at the southeast corner of 54th Street and Elgin, and t❑ the south of this property, expressed some concerns at the P&Z Hearing about their continued use of Cavalcade's property for church parking, but according to Staff memo, the City cannot legally require the center to provide parking for the church. As with the adjacent zone case, this request has three ❑bjectives: 1. To delete a rather complex series of previous zoning conditions; 2. To establish a new setback line for the main structures and tw❑ small parcel locations, and; 3. To create a new site plan review process by the Planning Commission prior t❑ a building permit. The proposed Ordinance was written as a Specific Use Permit with four conditions: 1. Setback lines shall be as indicated on the Site Plan (designated Exhibit 2658- A) as presented t❑ the Planning and Zoning Commission. 2. That a Site Plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a Building Permit. 3. A maximum ❑f two small parcels will operate ❑n a separate basis with regard to free-standing signs. 4. The building height for the small parcel northeast of W. D. Wilkins shall be one-story only. The second condition will allow the two small parcels t❑ have a complying free-standing sign, and enough frontage will remain ❑n the large tract to accommodate the largest available (up to 250 square feet) shopping center identification sign. The proposed setback on Elgin, 54th Street and most ❑f Gary is the standard 43' commercial setback. Staff supported the Planning and Zoning Commission recommendation. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9408 with revision t❑ the Site Plan and conditions recommended by P&Z and City Staff. Motion carried: 1 Yeas; 0 Hays. January 10, 1991 Page 26 91-50A-26-24 (12.) ORDINANCE #9409--zone Case #2661 (south of 62nd Street, east of University Avenue, and north of 66th Street) -- Hold a_Publ_ic Hearing to consider request of David ORDINANCE #9409 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2661; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH AND CHURCH RELATED USES, ON A 34.6 ACRE TRACT OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIDNS;; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. Bernie Gradel, Jr., of Hugo Reed & Associates, spoke in favor of this request (on behalf of Dakwood Baptist Church) to re -zone the Golden Horseshoe property for church and church -related uses. Bobby Cannon spoke in opposition to the request for zone change. Mayor McMinn closed the hearing at 10:47 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - duplex residential South - city park and commercial East - R-1 residential West - commercial and R-1 residential The area is noted as commercial on the Comprehensive Land Use Plan because of the prior use. The zoning is R-1 and the prior drive-in movie was legal non- conforming. The property will be subject to a Cut and Fill Plan approval by the Planning and zoning Commission at a later date, which was the only concern voiced by adjacent residents. It is Staff's opinion that the proposed use will create less traffic and other land use pressures than any commercial proposal. The site meets the Comprehensive Land Use Plan guide- line for churches, which recommends a thoroughfare location on the perimeter of established neighborhoods. The Planning and zoning Commission recommended change from R-1 to A-2 subject to the following conditions: 1. Limited to church and church related uses. 2. Site Plan review by the Planning and Zoning Commission prior to the issuance of a Building Permit indicating curb cuts, screening and setback. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to pass on first reading Ordinance #9409 with Conditions recommended by P&z and City Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-27-25 (13.) ORDINANCE 09410 January 10, 1991 Page 27 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1448-F; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT TO ALLOW C-2 USES AND AMEND THE SITE PLAN TO ENLARGE A BANKING FACILITY AND TO CONSTRUCT A NEW DRIVE-IN FACILITY SOUTH OF THE EXISTING BUILDING ON THE NORTHWEST PORTION OF LOT A, ROTHWEBB ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 91-50A-.27-26 ( 8•) Bill Cox appeared on behalf of American Bank of Commerce to present this request for zone change. No one appeared in opposition and Mayor McMinn closed the hearing at 10:53 a.m. Assistant City Manager Jim Bertram stated that the shopping center at 50th and Memphis is tied to a Site Plan, and this zone change request to amend the Site Plan is written as Specific Use to provide a reduced setback from Memphis for a drive -through canopy. Mr. Bertram gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial and residential According to Mr. Bertram, Staff agrees with the proponent that the upgraded motor bank facility will reduce congestion caused on both 50th and Memphis by the current arrangement; the parking ratio for the center will remain adequate. Staff supported recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on first reading Ordinance #9410 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Jim Shearer, Executive Director of Lubbock CenterCorp, recognized the Board of Directors and presented recommendations for the "Broadway Corridor Plan", completed by Joe McKay, Architect, under a $9,500 Contract with the City of Lubbock, Joe McKay presented final recommendation and gave a slide presentation. Recommendations are as follow: January 10, 1991 Page 28 1. CenterCorp recommended the use of Tax Increment Funds from the Tax Increment District to purchase and begin development of the Gateway Park/Plaza at Broadway and Avenue Q in 1991. 2. Subject to the availability of funds, CenterCorp also recommended that the following demonstration projects he accomplished in 1991: a. Landscape medians at the Broadway and Avenue Q gateway; b. Streetscape one full block of each Segment I and 2; C. Conduct a "Design Contest" for the proposed gateway structure to span Broadway. 3. CenterCorp recommended that Segments 1, 2, and 3 of the 5treetscape Plan be included in the planning process for the 1992-1994 Capital Improvements Program. 4. CenterCorp recommended the development of a Transit Transfer Station in the Center Business area, and the opening of the 13th Street access from Interstate 27. Both these projects are vital to the Redevelopment Plan, although they are not included specifically in this study. The report recommends that "Immediate Demonstration Projects" be funded from tax increment funds and other resources in 1991. Other projects shown as "Phase I and Phase II Projects" are being prepared as Capital Improvement Program projects to be submitted to the CAC this January. Since the detailed report recommends that "maintenance should he provided by the City Parks and Recreation Department to ensure consistent and continuing care", the Parks Department has developed the following options for accomplishing this: The Broadway Plan recommends that the Parks and Recreation Department be responsible for the maintenance of the development which would include: lighting, irrigation equipment, park -like structures, and plant material. This development is being designed to impart a highly visible and positive image for the City of Lubbock to the downtown district and will require a level of maintenance which exceeds current standards. The ongoing cost of maintenance needs to be considered. With information provided by the Broadway Plan, it is estimated that 24,500 square feet of maintenance will he required for the initial proposed phases. The types of maintenance services that will be required are as follows: 91-50A-29-27 (31.) January 10, 1991 Page 29 a. Pruning of trees and shrubs b. Bed cultivation - weed removal c. Leaf removal d. Fertilization e. Litter pickup and receptacle service f. Propagation, planting, and care of annual color beds g. Irrigation maintenance h. Hard surface maintenance - sweeping, cleaning i. Lighting maintenance - seasonal, special events Proposed costs for this maintenance proposal: Personnel services - 1 man year $16,914 Supplies 2,530 Maintenance 1,270 Other Charges 846 Capital - Pickup and Radio 16,825 Total first year cost $38,385 Funding Options --Several cities were contacted to determine the funding arrangements for maintenance of streetscapes. It appears that assessments for maintenance are more prevalent in some California cities with the General Fund picking up the tab in many cities. Selection of Plant Material --Should the Parks and Recreation Department be assigned the responsibil- ity for ongoing maintenance, Staff would recommended that they review all final plans as to specifications and plant material prior to the bidding process. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to endorse proposal of Lubbock CenterCorp for.the "Broadway Corridor Plan" and at the next Council meeting, to consider funding of the gateway project. Motion carried: 7 Yeas; 0 Nays. to: Permit and License Appeal Board West Texas Municipal Power Agency Board Board of Managers of the Lubbock Emergency Communications District Mayor Pro Tem January 10, 1991 Page.30 91-50A-30-28 (32.) 91-50A-30-29 (33.) 0A-30-30 91-5 (34.) 21._1992. Motion was made by Councilman Phillips, seconded by Councilman Patterson to hold appointment to the Permit and License Appeal Board. Motion carried: 1 Yeas; 0 Nays. Consider .one appointment to the West Texas Municipal Power Agency Board of Directors. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Carroll McDonald to the West Texas Municipal Power Agency Board of Directors. Motion carried: 1 Yeas; 0 Nays. Consider one apgointment to the Board of Managers of the Lubbock Emergency Communications District. The term of Bill Payne will expire January 9 1991. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Bill Payne to the Board of Managers of the Lubbock Emergency Communications District. Motion carried: 1 Yeas; 0 Nays. 91-50A-30-31 (35.) Consider Resolution #3526 designating Mayor Pro Tem. RESOLUTION #3526 WHEREAS, heretofore on June 28, 1990, the City Council of the City of Lubbock elected Councilmember Joan Baker to serve as mayor pro tem of the Lubbock City Council to serve until a successor is elected and qualified; and WHEREAS, the City Council of the City of Lubbock is required to elect a mayor pro tem from among its membership by the judgment in Janes v. City of Lubbock, CA-5-15-34 (Federal District Court --Northern District of Texas, 1983); NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: January 10, 1991 Page 31 THAT Counciimember T. J. Patterson is elected mayor pro tem of the Lubbock City Council until such time as a successor may be elected and qualified. Passed by the City Council this loth day of January, 1991 Ise B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: LsLOonald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Mayor Pro Tem Baker announced her resignation as Mayor Pro Tem and made a motion to authorize Resolution #3526, designating Councilman T. J. Patterson Mayor Pro Tem until May, 1992. Motion was seconded by Councilwoman Trejo and carried: 7 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to adjourn the meeting at 12:31 p.m. Motion carried: 7 Yeas; 0 Nays. B. C. McMinn, Mayor ATTEST: Ranette Boyd, City Secretary Read and approved this 24th day of January, 1991. /ow c� B. C. McMinn, Mayor ATTEST: Ranet a Boyd, City Secret y NOTICE OF PUBLIC HEAR iPIG NOTICE Is harehn given that "W City Councli will hold a Public Hearing an Thursday. January 10. 1991 at 10.3D A.M., in the City Coun- cil Chambers, 1625 13th Woo. Lubbock, To as, fa oonsI fha recommend. by the Planning and zoning mission not low Ing be changed On certain proper. ties in Lubb . Texas. All inler- esled CA, Councpersona may speak, then the il will act on such ree- Orni'mm None. The Wowino inns [aces will be heard. IONE CASE NO. 2mi. Request bI David Govatla (tor Oakwood Boo` list Church) for zoning change tram Fri Ea A-2 (limited to ckurck add church related uses) on a Sf:i acre tract out Of Section L Block E (south of 62M Street, east Of Uni- versity Avenue, and north of a6)h Street). TONE CAS* NO. UWA: Request Of Richard Henderson (for Cam - cede Development) for zoning change from C-3 to C-3 to delete all Prior condition$Of Ordinances 2161 2215, 2US, and S217 10 allow for devetOOMem of the properly orre a Portion of Tract A. Monterey Ceo- ter Addifloo (west of Elgin Avenue, south of 501h Street, and east OI Gary Avenue). ZONE CASE NO. 148-F.- Request of Bill Cox-Archifect (for American Bank of Commerce) for zoning change from C•210 C-2 Specific use (to enlarge banking facility and construct a new drive -In fac(lihy south Of the existing building) an the northwest portion of LOT A, Rothwebb Addition (southeast cot. net of 5Wh Street and Memphis Avenue). R4U FORNT 58-10 TEXAS BBOC K R-655 a Notary Public in an(] for Lubbock Count'. Texas on this day red — I elf ; of the Southwestern Newspa- puhlishers of the Lubbock Avalanche -Journal — Morning. Evening and Sunday. who sworn dill depose and say that said newspaper has been published continuousiV for more eeks Prior to the first insertion of this — YO?9?984 at Luhhock C'ounlVL Texas and the attached print is Betrue (11g)v of1Udriginal and was printed in the Lubbock al on the fallowing dates: 241 wa .50 = 126.5❑ . C C ft manager I,,1,VC'Fll: JOURNAL ewspapers Corporation NOTARY PUBLIC if1 Ind for the State of My Commissiol,< xpires,"$ sworn to before me this 17 day of December ly 9D TONYA RENRY Noi�,ry Pdtlir STATt- OF i'XAS My Comm EAD Nov 19 1994 ORDINANCE NO-;z AN 6RDINANCE PROVID- ING FOR THE ESTABLISHMENT R - b b b ,AND ADMINISTRATION OF A RECORDS MANAGEMENT PRO- GRAM FOR THE CITY OF Lull - TEXAS SOCK, TEXAS; PROVIDING FOR OWNERSHIP OF MUNICIPAL BBOCK RECORDS AND THE RESPONSI- BILITIES Of OFFICERS AND n Y Henry a Notary Public in and for Lubbock County, Texas on this day EMPLOYEES WITH RESPECT THERETO; P ROV I DING FOR red T J. A u f i I I Account Manager of the Southwestern Newspa- THE 1y{LROGRAPHIC PRESER- VATICSIC.OF MUNICIPAL REC- publishers of the Lubbock Avalanche -Journal - Morning and Sunday who being by me duly 7NI IN ITS OTHER OR FLICT HER A SAVINGS VIDINGAN FOR THE ,RIGINAL and say that said newspaper has been published continuously for more than fifty-two weeks pri- ]S AFTER ;PROOUC• ?rtion of this I FOR THE THER N- IAL REC-I L _ 11T0. at Lubbock County, Texas and the attached print - FUR THE 1 e g a I notice is a true copy of the original and was printed in the Lubbock AHCE NO. AND ALL 61 on the followin dates. —'an- —1.2_,7 9 + 1 49 1 RZDIIN HO .• 00 = 92.0 AND R4U Account Mana er LUBBOCK AVALANCHE -JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this ciao FORN1 i8.10