Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 6/27/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 27, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of June, 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 T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, 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 Assistant City Manager Rita Harmon. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.} Motion was made by Councilman Aderton, seconded by Councilman Phillips to approve the Minutes of the June 13, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. { 4.} Board Appointments 91-50A.-427-.366 (14.) Consider Resolution #3647 approving Change Order No. 1 to the Contract for the 1991 Street Maintenance Program with High Plains Pavers, Inc. June 27, 1991 Page 428 RESOLUTION #3647 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.l to be entered into by and between said City of Lubbock and High Plains Pavers, Inc. concerning the Contract related to the 1991 Maintenance Program, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shah constitute and be a part of this Resolution as if fully copied herein in uletaiI. Passed by the City Council this 27th day of June, 1991. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: s J. Worth Fulling,im J. worth F►ullingim, Assistant City Attorney CHANGE ORDER NO. 1 TO 1991 MAINTENANCE PROGRAM WHEREAS, the City Council has approved the 1991 Maintenance Contract as listed in the specifications on February 14, 1991. WHEREAS, the Contractor, High Plains Pavers, Inc., herein agrees to the following changes: (1) That the following items shall be changed for the 1991 Maintenance Program: (a) 34th Street from Avenue H to 500 feet West of Avenue C shall be deleted. (b) 35th Street from Avenue G to Avenue H shall be deleted. (c) 36th Street from Avenue G to Avenue H shall be deleted. (d) Avenue X from 3rd Street to 4th Street shall be deleted. (e) East 33rd Street from Juniper Avenue to Locust Avenue shall be added. (f) Locust Avenue from E. 33rd Street to E. 34th Street shall be added. June 27, 1991 Page 429 (g) Guava Avenue from E. 50th Street to E. 37th Street shall be added. (h) Parking Lot at Fire Station #12 shall be added. (2) That Bid Item No. 1 (Asphalt for Course No. 1) shall be increased by 2,057 gallons. (3) That Bid Item No. 2 (Asphalt for Course No. 2) shall be increased by 1,286 gallons. (4) That Bid item No. 4 (Grade 4 Rock) shall be increased by 12 cubic yards. i r I That Bid Item No. 5 (Grade 2 Rock) shall be increased by 63 cubic yards. (6) That Bid Item No. 13 (Guard rail installation) be created with 110 linear feet of guard rail, including two (2) terminal anchor sections. Original Amount of Contract $1,703,002.00 Amount increased by Change Order No. 1 $ 9,664.16 $1,712,666.16 THIS AGREEMENT WITNESSETH: In consideration of the above listed changes to the 1991 Maintenance Contract, the Owner and the Contractor agree to the herein changes. The aforementioned changes and work affected hereby, are subject to all Contract stipulations and covenants. IN WITNESS THEREOF, the Owner and the Contractor have hereto set their hands this 27th day of June, 1991. APPROVED: City of Lubbock By:Zsl B. C. McMinn B. C. McMinn Mayor ATTEST: s Ranette Boyd Ranette Boy! City Secretary APPROVED AS TO CONTENT: 5 D01) Jennings Don Jennings Street Superintendent APPROVEED AS TO FORM: s J._Worth Fullingim J. Worth Fullingim Assistant City Attorney APPROVED: High Plains Pavers, Inc. By: This change order deletes certain streets or parts of streets from the maintenance program due to 1-27 or East-West Freeway construction, and includes additional streets at the request of Water Utilities and the Fire Department. The guard rail item is added because of frequent run -off -the -road accidents at the Chicago Avenue and 37th Street curve. June 27, 1991 Page 430 91-50A-430-367 (15.) This change order will increase the amount of the Contract by $9,664.16. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution #3647 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. This is a routine sale of property by the Urban Renewal Agency to Mauricio Reyes, Jr. and wife, Alicia G. Reyes, for $300. This property is for an addition to an existing single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 33500-16-150 at 1006 2nd Street in the Guadalupe Urban Renewal Area. Motion carried: 7 Yeas; 0 Nays. 91-50A•-430-368 (16.y Consider the price and conditions of sale of Parcel Number 33500-16-70 at 1005 1st Place in the Guadalupe Urban Renewal Area. 91-50A-430-369 (17.) This is a routine sale of property by the Urban Renewal Agency to George Sulaica and wife, Josie Sulaica, for $300. This property is to be redeveloped as a single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 33500-16-70 at 1005 1st Place in the Guadalupe Urban Renewal Area. Motion carried: 7 Yeas; 0 Nays. This is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization, for $30. This property is to be redeveloped as a single-family residence and is properly zoned. The proposed sale was approved for $30 by the Urban Renewal Board of Commissioners on June 18, 1991 to supersede the minimum price of $300 initially set August 15, 1989 by the Urban Renewal Board of Commissioners. June 27, 1991 Page 431 91-50A-431-310 (18.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 93440-45-12 at 2402 Hickory Avenue in the Chatman Hill Urban Renewal Area. Motion carried: 1 Yeas; 0 Hays. RESOLUTION #3648 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to seek funding for an AIDS Education Coordinator through a Texas Department of Health grant; 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 make application for a grant from the Texas Department of Health to fund an AIDS Education Coordinator for the City of Lubbock and to sign such grant application and associated documents as are necessary to secure said grant funding. Passed by the City Council this 21th day of June, 1991. /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: s Ani-,horsy, Wi 11 i ams Anthony Williams, Assistant City Attorney A copy the of Grant Application to the Texas Department of Health is filed with Resolution No. 3648. The City Health Department is submitting a grant application to the Texas Department of Health for third year funding of an AIDS Education Program for Lubbock City/County. The grant, in the amount of $36,408, funds an AIDS Education Coordinator from September 1, 1991 to August 31, 1992 and includes the salary, benefits, supplies, educational materials and incidental expenses. The grant is specifically for AIDS education, with the objective to coordinate the numerous education efforts being provided by the four to five agencies primarily involved in AIDS education. June 27, 1991 Page 432 In the past six months, the Coordinator has arranged 70 educational presentations on NIY/AIDS to 2,151 individuals. The Coordinator works with other agencies providing education to match the appropriate educator to the requesting group. Staff recommended that the objectives of this grant be: To continue coordination with existing AIDS education programs in Lubbock to maintain prevention of duplication of services; to continue t❑ educate young adults under 18 years ❑f age; and to educate women ❑f child-bearing age who may be at risk for HIY infection (especially those in racial/ethnic minority populations). The other agencies in Lubbock have agreed t❑ participate in this cooperative venture. A section of the proposal targeting women of child- bearing age who may be at risk for HIV may be implemented through the Women's Health Care and Maternity Clinics in the City. The Coordinator would give weekly presentations in these clinics, as well as presentations at day care centers and at the Lubbock Children's Health Clinic. Staff recommended approval of the grant application and a Letter of Intent to re -apply and all subsequent documents. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3548 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A--432-371 (19.) June 27, 1991 Page 433 RESOLUTION #3649 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 Change Order No. 1 to Terminal Storage Reservoir Contract No. 1 previously executed by and between said City and Central Plains Contracting Company, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of June, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Michael E. Murphy Michael E. Murphy, Water Utilities Engineer APPROVED AS TO FORM: s J. Worth Fullingim J. Worth Fuiiingim, Assistant City Attorney CHANGE ORDER NO. 1 TERMINAL STORAGE RESERVOIR CONTRACT NO. 1 BID #10662 2133-553103-9439 TO: {CENTRAL PLAINS CONTRACTING COMPANY !P.O. BOX 249 SHAWNEE MISSION, KS 66201 0RIGINAL AMOUNT OF CONTRACT $4,486,124.00 NEW AMOUNT THIS CHANGE ORDER ($ 97,630.25) LIQUIDATED DAMAGES (51 days @ $1,000.00/day) 51,000.00) AMENDED AMOUNT OF CONTRACT $4,337,493.75 WHEREAS, is desirable to make changes in the plans and specifications for this project; June 27, 1991 Page 434 THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and Contractor agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the original contract between them shall be modified and amended to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 27th day of June, 1991. CENTRAL_ FDLA 1N5 CONTRACTING COMPANY By:ZsL Charles E. Clark Charles E. Clark, Vice President ATTEST: Is/ J. D. Ferry J. D. Perry, Secretary CITY OF LUBBOCK By:Isj B. C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette_ Boyd Ranette Boyd, City Secretary RECOMMEND FOR APPROVAL: Is/ Dan Hawkins Dan Hawkins Director of Water Utilities This project for construction of the Terminal Storage Reservoir at the Land Application Site is now operational. During construction, unit bid items were reduced without compromising the overall project, resulting in a savings of $97,630.25. The contractor completed the project past the construction completion date resulting in $51,000 in assessed liquidated damages. These reductions amounted to a total of $148,630.25 thereby amending the original Contract amount (by this change order) of $4,486,124 to $4,337,493.75. The contractor has requested the City to drop the liquidated damage assessment; however, the contractor was aware of the Contract completion date and liquidated damages prior to the award of this Contract. This reservoir could not be utilized on the Contract completion date; letters were sent to the contractor prior to the Contract completion date stating that the City would assess liquidated damages if not completed by the completion date; and due to the City's consulting engineers' expenses and City Staff time resulting from the time overrun on this project, the liquidated damages were justified. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize Resolution #3649 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-434-372 (20.) Consider Ordinance #9451 rescinding Ordinance #9444 calling the August 10, 1991 Special Election. June 27, 1991 Page 435 ORDINANCE #9451 AN ORDINANCE REPEALING ORDINANCE NO. 9444 CALLING A SPECIAL CITY ELECTION FOR AUGUST 10, 1991, AND PROVIDING FOR PUBLICATION. 91-50A.-435-373 (21.) At the June 13, 1991 City Council Work Session, Council discussed Lubbock County's request to combine the August 10 special election for the sales tax for economic development with the County mandated election on State constitutional issues. Council consensus was to postpone the proposed Sales Tax Election until a future date due to conflicts with State issues. Motion was made by Councilwoman Baker, seconded by Councilman Phillips to pass on first reading Ordinance #9451 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9452 AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION' DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS -OF -WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINA14CES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR PUBLIC NOTICE OF THIS ORDINANCE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. This Franchise Agreement is for five years with compensation to the City beginning in 1991-92 in the amount of $940,000. The compensation will be escalated annually, based on the increase in the sales tax generated by the telephone services. The Agreement calls for a pass -through of this fee to the customers, dictated by the Public Utilities Commission and not by City Council. The Agreement complies with the City Charter as to the form of the Franchise, and provides that Bell Telephone will pay for the publications of the ordinance. The Agreement also contains a "Future Contingencies" provision which opens the Agreement to negotiation if any of the court cases, now in process, rules the Agreement invalid. This paragraph also could affect the Contract due to a future PUC ruling. It is Staff's opinion that with the short term of this Contract, those future contingencies would not be a great risk to the Agreement. June 27, 1991 Page 436 91-50A-.436-374 (22.) Staff memo stated that this Agreement is a major improvement over the previous Agreement and will result in $400,000+ additional annual revenue from the Agreement than received in the past, and the annual increase should be consistent with the overall growth of the City. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to pass on first reading Ordinance #9452 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9453 AN ORDINANCE AMENDING SECTION 2-155 OF THE CODE OF ORDINANCES DF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO APPEALS TO THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This amendment to the Permit and License Appeal Board Ordinance is a housekeeping action which will accomplish the following: 1. The present Ordinance does not provide an established time limit during which notification of a request for hearing must be given to the Board Chairman. The City Attorney's Office advised including such a provision and the amendment establishes that this notice shall be given within thirty days of receipt of the written request. 2. The present Ordinance provides for setting a hearing for an appeal within ten days after notification that the request has been received. This amendment will change the ten days to fifteen days of the receipt notification of appeal. Recently, the City Secretary experienced problems scheduling a hearing for an appeal which was received near 5 p.m. on a Thursday. It was difficult to ensure the presence of a quorum within ten days, which in this instance included a holiday and two weekends. Fifteen days will allow sufficient time to schedule a hearing, and, in Staff's opinion, will not burden the complaining party. Staff recommended approval. Motion was made by Mayor Pr❑ Tem Patterson, seconded by Councilman Phillips to pass on first reading Ordinance #9453 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 27, 1991 Page 437 91-50A-437-375 (24.) BID #11391--Valves and fittings (Central Warehouse 0 & R Utilities, Inc., Odessa--6 ea. 12"X12" service saddle; 240 ea. 4"X3/4" double strap service clamp; 1 ea. 12"X4" mech. joint, tapping sleeve; 3 ea. 8" mech. joint to flanged end, gate valve, DD or RS. Moore Supply Co.--8 ea. 6"X13" swivel by solid adapter; 4 ea. 12"X1" repair service saddle; 3 ea. 3"X4" reducer dresser coupling; 20 ea. 6" mech. joint tapping valve, DD or DS. Big Country Waterworks Supply, Inc., Early--10 ea. H84 Muellar shoe gaskets; 20 ea. 4" flange gasket; 12 ea. 4" IPS transition gasket for mech. joint. Fields & Co.--100 ea. 1" PVC elbow, slip/thread; 100 ea. 1"X2" PVC nipple; 80 ea. 6"X4" PVC tee/wye combination fitting; 25 ea. 4" flex. saddle tee. Morrison Supply Co.--15 ea. 3" PVC male adapter, slip/thread; 100 ea. 3/4"Xclose, galv. nipple; 24 ea. 3" mech. joint restraining gland; 4 ea. 12" cast iron, push -in plug for cast iron pipe; 1 ea. 8" push -in plug for asbestos cement; Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 days. 91-50A-437-306 (25.) BID #11351--North Overton sidewalks, and authorize same -(Community Development). RESOLUTION #3650 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 Danny Klein Construction Company for new construction of the North Overton sidewalks, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of June, 1991. /s/ B. C. McMinn B. C. MCMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads by Victor Kilman Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney June 27, 1991 Page 438 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 27th day of June, 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 Danny Klein Construction Company 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 fol 1 ow:s : BID NO. 11351 North Overton Sidewalks (Community Development) in the amount of $43,588.00 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 WITLESS 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 /sj B. C. McMinn Secretary Mayor APPROVE=D AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary Danny Klein Construction Company CONTRACTOR By: TITLE: COMPLETE ADDRESS: Danny Klein Construction Company 4310 93rd Street Lubbock, Texas 79423 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3650 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 27, 1991 Page 439 91-50A-439-377 (26.) BID #11326--Annual pricing of hand tools Central Warehouse). Payless Cashways--160 ea. 5/8"X50' flex. hose; 200 ea. long handle round point blade shovels; 8 ea. 16" machine hammer handle; 88 ea. 36" pick handle; 36 ea. 5" weeding hoe handle; 90 ea. 36" sledgehammer handle; 120 ea. weeding hoe; 75 ea. drain space shove; 4 ea. 12" machine hammer handles; 60 ea. long handle square point shovel; 30 ea. 5' rake handle; 80 e.a garden rake; 40 ea. 48" shovel handle; 10 ea. 8" straight pipe wrench; 80 ea. 6" standard screwdriver; 15 ea. scoop shovel w/d handle; 45 ea. sweep type broom type; 60 ea. 12" hacksaw frame; 30 ea. 14" rigid pipe wrench; 70 ea. 7'1/2" iongnose pliers; 48 ea. 10" vise grip straight jaw; 16 ea. 10" pipe wrench; 12 ea. metal handle post hole digger; 6 ea. wrecking bar 30"; 144 ea. 20' metal measuring tape; 40 ea. 16' metal measuring tape; 30 ea. 100' metal measuring tape. Childress Hardware--8 ea. 14" mill bastard file; 12 ea. 6" round bastard file; 60 ea. 16 oz. claw hammer w/fiberglass handle; 50 ea. 8" standard screwdriver; 24 ea. 12" rigid pipe wrench; 36 ea. 10" standard screwdriver; 10 ea. 24" rigid pipe wrench; 6 ea. post hole digger w/handle; 15 ea. 1/2" drill index box; 6 ea. 14" claw hammer handle; 2 ea. 14" chain wrench; 18 ea. 6" stepladder fiberglass; 10 ea. 10' metal measuring tape; 50 lb. #16 common nails; 150 lb. #16 smooth nails; 50 ea. flashlight bulb; 30 ea. flashlight lamp; 48 ea. 1 gallon water coolers. Hester's Hardware--3 ea. 16 lb. sledgehammer; 15 ea. 10 lb. sledgehammer; 15 ea. #2 square point shovel w/"D" handle; 4 ea. 36" alum pipe wrench; 12 ea. insulated handle nut drivers; 100 lb. #60 common nails. W.W. Grainger--6 ea. 12 oz. ball pein hammer; 12 ea. 6" folding rule -loth red end wood. Bowman Lumber--450 ea. 12" hacksaw blades; 350 ea. 12-24 hacksaw blades; 12 ea. 6" slim taper files; 24 ea. 10" mill bastard file; 50 ea. 12" mill bastard file; 60 ea. 7" diagonal cutting pliers; 30 ea. 3/8"X7/16" ratchet box wrench; 48 ea. 1/2"X9/16" ratchet box wrench; 36 ea. 5/8"X3/4" ratchet box wrench; 15 ea. 11/16"X3/4" ratchet box wrench; 20 ea. 18" rigid pipe wrench; 6 ea. long handle hay fork; 24 ea. 6' folding rule w/slide; 300 lb. 1'1/2" common staples; 200 bx. 9"X11" sandpaper; 500 ea. 9"X11" sandpaper. Temple, Inc.--70 ea. 10" adjustable crescent wrench; 60 ea. 12" adjustable crescent wrench; 30 ea. 15" adj. crescent wrench; 60 ea. 8" AC crescent wrench; 60 ea. 6" crescent t-wrench; 20 ea. 13/16"X7/8" ratchet box wrench. Snap-On Tools--6 ea. 14", 1/2 round bastard file; 18 ea. 14" horseshoe rasp. June 27, 1991 Page 440 Amarillo Hardware Co., Amarillo--24 ea. 5/8"X25' flex. hose; 75 ea. 5/16" cable clamp; 6 ea. 8" round bastard file; 12 ea. 3 lb. sledgehammer; 15 ea. 4 lb. sledgehammer; 37 ea. #5 railroad pick; 90 ea. 6" CT combo pliers; 100 ea. 10" straight pliers; 10 ea. #26 weed cutter; 20 ea. 16" straight jaw & tongue & groove pliers; 12 ea. 18" rigid crescent wrench; 6 ea. double bix ax; 24 ea. screwdriver, 18" blade; 50 ea. 9"X11" sandpaper; 48 ea. 3 gallon water coolers; 40 ea. 5 gallon water coolers. Moore Supply Ca.--40 ea. 24 oz. ball pein hammer; 20 ea. 32 oz. ball pein hammer. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A--440-378 (27.) BID #11396--Animal Control -cages Central Garage). Mavron, Inc., Warsaw, IN--5 ea. animal control cage Spec. 730. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A--440-379 (28.) BID #11377--Agricultural sprayer (Central Garage)_ Ray Lee Equipment, Plainview--Hy-cycle sprayer Spec 919. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize law bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A--440-380 (29.) BID #11347--Guadalune Neighborhood Entrance Sign, and authorize same (Community Development). June 27, 1991 Page 441 RESOLUTION #3651 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 LDC Construction Company for construction of the Guadalupe Neighborhood Entrance Sign, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of June, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS; TO CONTENT: /s1 Gene Eads by Victor Kilman Gene Eads, Purchasing Manager APPROVED AS; TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEAS COUNTY OF LUBBOCK jsj B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 27th day of June, 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 LDC Construction Company 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 fo l 1 ows : BID NO. 11347 Guadalupe Neighborhood Entrance Sign (Community Development) in the amount of $24,377.00 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. June 27, 1991 Page 442 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: CITY OF LUBBOCK, TEXAS (OWNER) s Ranette Boyd /s/_B._C._McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary LDC Construction Company CONTRACTOR By: TITLE: COMPLETE ADDRESS: LDC Construction Company P.O. Box 55251 Lubbock, Texas 79464 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3551 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A.-442--381 (30.) BID #11240--Annual pricing of office su lies Print Shop]. Nester's Office Supply Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-.442-382 (31.) BID #11307--Annual pricing of machine bolts (Central Warehouse). Graybar Electric Co., Amarillo--100 ea. machine bolt, 5/8"X20"; 100 ea. square washer, 3"X3"X1/4"; 100 ea. spring washer, 5/8"; 250 ea. spring washer, 3/411; 500 ea. insulated bushing, 1-1/4"; 4,000 ea. wood moulding staple, 3"X1-1/2"X1/4 % Temple, Inc.--100 ea. machine bolt 1/2"X6 % 300 ea. machine bolt, 1/2"X10"; 50 ea. machine bolt 3/411X10 150 ea. machine bolt, 3/4"X15"; 50 ea. machine bolt 3/4"X18"; 50 ea. machine bolt 3/4"X14"; 50 ea. machine bolt 3/4"X12"; 500 ea. carriage bolt; 1,000 ea. eyenut, 5/8"; 500 ea. locknut 3/4"; 500 ea. locknut 3/8"; 500 ea. locknut 1/2"; 50 ea. eyenut oval 1/2"; 375 ea. ground rod 5/8"X8'; 500 ea. ground rod clamp, 5/8". June 27, 1991 Page 443 91-50A-443.-383 (32.) 91-50A•-443--384 (33.) 91-50A•-443-385 (34.) 91-50A-•443-385 (10.) Techline, Inc., Amarillo--1,250 ea. lag screw 1/2"X4-1/2"; 1,100 ea. machine bolt 5/8"X12"; 500 ea. machine bolt 5/8"X14"; 200 ea. machine bolt 5/811X1511; 150 ea. machine bolt 5/8"X20"; 350 ea. da bolts 5/8"X18"; 450 ea. DA bolts 5/8"X22"; 75 ea. DA bolt 5/8"X22"; 75 ea. DA bolt 5/8"X24"; 400 ea. eyebolt Oval 5/8"Xi0"; 400 ea. eyebolt oval 5/811X1211; 6,500 ea. locknut 5/8"; 5,500 ea. square washer 2-1/4"X2-1/4"X3/15"; 500 ea. conduit locknut 1-1/411 ; 2,500 ea. wedge clamp, 4 ACSR; 450 ea. service wedge clamp, No. 1/0-4 ACSR. Cummins Supply, Amarillo--275 ea. saddle washer 311X3 200 ea. saddle washer 3/4", 3"X3"X1/4"; 400 ea. service wedge clamp, No. 2/0-4/0; 800 ea. wood moulding 1/2"X8'. Motion was made by Mayor Pr❑ Tem Patterson, seconded by Councilwoman Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #11314--Annual fuel pricing (Central Garage). McLain Oil Co. --)Unleaded gasoline, bobtail load; unleaded plus gasoline, bobtail load; diesel fuel, bobtail load; unleaded gasoline, transport load; unleaded plus gasoline, transport load; diesel gasoline, transport load. (All at price per gallon.) Benton Oil Co. --Unleaded gasoline; unleaded plus gasoline; diesel fuel. (All at price per gallon.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #11380--Sludge aerator-composter Central Garage). Midwest Brown Bear, Pontiac, IL. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #11365--Globe valve (Water Utilities). Watermaster Irrigation--1 ea. 18" pressure reducing globe valve. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. of the well is City of Lubbock 24-5. June 27, 1991 Page 444 91-50A-444-387 (11.) Consider approval of an Oil and Gas Drilling Permit for City of Lubbock #24-5. Dub Bratcher, representing Texland Petroleum, appeared to request an Oil and Gas Drilling Permit for City of Lubbock #24-5 well. No one spoke in opposition. Mayor McMinn closed the hearing at 10:23 a.m. Randy Henson, Senior Planner, stated that on May 28, 1991, Staff had received an application for a permit to drill this well and that the storage site is proposed in conjunction with a previously approved tank battery. According to Mr. Henson, the application is substantially in order. The production unit is unitized, contains 40 acres, and has a maximum diagonal ❑f less than 3,000' and has a previously permitted well, Union O.C. Horne #3. This well is part of a secondary recovery field and is a second well on the original production unit to enhance recovery. Texland proposed earth sludge pits and no landscaping at the well and storage site. The blowout protector has minimum rating of 3,000 psi. Disposal of waste materials was proposed at a Railroad Commission approved landfill in Lubbock County. Access to the drill and storage site is proposed from North University on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is uninhabited and current use is agricultural. The well and storage sites are remote from existing residential or commercial development, several farm residential units front on University approximately 700' to the west. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated single-family on the Comprehensive Land Use Plan. Since little additional development is projected and no recent ❑r proposed residential development has been proposed in this area, long term negative impacts should be minimal. Production could be exhausted before major development occur in this area. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission and Texas Railroad Commission requirements. 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. June 27, 1991 Page 445 3. Casing of the well 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 V1 of the Lubbock Code and those specifications indicated within the application of Texas for City of Lubbock #24-5. Motion was made by Councilman Aderton, seconded by Councilman Phillips to approve request of Texland Petroleum for an Oil and Gas Drilling Permit for City of Lubbock #24-5 well with conditions recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-445-388 (12.) Hold a Public Hearing to consider the request of Designation of well is Grantland Ashby #2. 91-50—A-445-389 (13.j Consider approval of an Oil and Gas Drilling Permit for Grantland Ashby #2. Dub Bratcher, representing Grantland Ashby, appeared to request an Oil and Gas Drilling Permit for Grantland Ashby #2 well. He assured Council that the necessary bonding will be on file before drilling begins. No one spoke in opposition. Mayor McMinn closed the hearing at 10:27 a.m. Randy Henson, Senior Planner, stated that on June 3, 1991, Staff received an application for a permit to drill this well and that the storage site was proposed in conjunction with a tank battery approved in an existing permit. According to Mr. Henson, the application is substantially in order. The production unit contains 40 acres and has a maximum diagonal of less than 3,000'. Grantland proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved landfill in Lubbock County. Access to the drill site is proposed from Kent on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is uninhabited and current use is agricultural. The well and storage site are remote from any existing residential development. June 27, 1991 Page 446 POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated industrial on the Comprehensive Land Use Plan. Additional wells are in the immediate area. Since little additional development is projected in the immediate area and future development is anticipated as industrial, few long term negative impacts are anticipated. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 350' or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 350' to 400'. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first, and if used, the second series of casing of the well 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 of the Lubbock Code and those specifications indicated within the application of Grantland for Grantland Ashby #2. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Malay to approve request ❑f Grantland Corporation for an ail and Gas Drilling Permit for Grantland Ashby #2 well with conditions recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-446-390 ( 8.) ZONE ._CASE .NO. 2635-B (1019 Southeast Loop 289)--Hold Lot 4, Plan -Ex Addition, and consider ❑rdinance. Mayor McMinn announced receipt of a letter from Michael Carper requesting that Council continue Zone Case #2635-B until 10:30 a.m., July 11, 1991. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to continue Zone Case #2635-B until the July 11, 1991 City Council meeting. Motion carried: 7 Yeas; 0 Nays. 91-50A-446-391 ( 5.) June 27, 1991 Page 447 ORDINANCE #9454 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2672; A ZONING CHANGE FROM A -I TO C-2 AND C-4 TO C-2 ZONING ON LOTS 141P 15, 16, 17 ANO A PORTION OF 18, BLOCK 2, HANKINS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette appeared on behalf of Lubbock Commercial Building, to present this request for zone change. 91-50A--447-392 ( 6.) No one spoke in opposition. Mayor McMinn closed the hearing at 10:32 a.m. David Jones, Director of Planning, stated that the area of property zoned A-1 (Lots 14 and 15) contained parking for the commercial building that was demolished. When the building permit was issued for a new fast food restaurant, the owners of the land responded to a Staff request for submission of a zone change to clear the air of the non -conforming status. Use of the land for commercial parking is legitimate as non -conforming but the owners want a clean start on this project. Mr. Jones gave the adjacent land use relationships as follows: North - Multi -family residential, a converted barrack South - Commercial East - Commercial and residential West _ Commercial According to Staff comments, since the strip commercial already exists along 19th, there is no Comprehensive Land Use Plan policy issue. No buffer was built into the commercial on 19th, and since the parking was non -conforming, there is no change to the land use created by this zoning. Although the new restaurant will have a curb cut and resulting turn movements on 19th, the previous building had zero setback and on -street parking. The elimination of the curb parking and reduced building setback will more than compensate for the new curb return. Staff presented this request as a routine case, and no members of the public participated in the discussion at the P&Z meeting. Staff recommend that the Planning and Zoning Commission approval be upheld. Motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass on first reading Ordinance #9454 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9455--Zone Case #2437-D (north of 82nd June 27, 1991 Page 448 ORDINANCE #9455 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-D; A ZONING CHANGE FROM R-1, R-2 AND A-1 TO A-2 ZONING LIMITED TO CHURCH USES ON A TRACT OUT OF SECTION 29, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDIG FOR PUBLICATION. David Goyette appeared on behalf of Cornerstone Bible Church to present this request for zone change to limit the property to church and church -related uses. David Jones, Director of Planning, gave the adjacent land use relationships as follows: North - vacant R-1 and school South - vacant R-1 East - A-2 limited to church West - undeveloped The Comprehensive Land Use Plan contains a policy statement that churches should be located adjacent to thoroughfares, and should be on the perimeter of neighborhoods. This request meets those guidelines. The request suggests no discussion of zoning policy outside of Staff recommendation for a Site Plan review prior to issuance of a building permit; there should be no negative effects on the street system. Staff supported the recommendation of the Planning and Zoning Commission with the following conditions: 1. Limited to church and church related uses. 2. 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. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Phillips to pass on first reading Ordinance #9455 with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A--448-393 ( 7.) ORDINANCE #9455--Zone_Case #2673 (southwest corner Block 1, Lisemby Addition. ORDINANCE #9455 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2673; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO AUTOMOBILE GLASS, SEAT COVER, AND UPHOLSTERY SHOP USES ON LOTS I & 2, BLOCK 1, LISEMBY ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. June 27, 1991 Page 449 No one appeared either for or against this request. Mayor McMinn closed the hearing at 10:38 a.m. David Jones, Director of Planning, stated that in light of zone change requests recently approved by the P&Z Commission and City Council, the "auto" uses of glass, upholstery, mufflers, brakes and transmission repair are in transition from C-4 to either C-3 Conditional Use or open C-3; and Staff has supported these changes. Mr. Jones gave the adjacent land use relationships as follows: North - commercial South - residential East - commercial West - commercial According to Staff comments, there is no Comprehensive Land Use Policy issue as the strip zoning along 19th and 34th is in place and experience has shown that (with a few notable exceptions such as a car wash) the increasing intensity of uses between C-2A, C-2, C-3 and most C-4 uses has minimal additional impact on the residential zoning across the alley. The Planning and Zoning Commission noted projected improvements to the property by the proponent with complete renovation and re -paving. The request will have no impact on traffic. Staff supported the recommendations of the Planning and Zoning Commission to approve this request. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to pass on first reading Ordinance #9456 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-449-394 ( 9.) Consider amending the Zoning Ordinance to include personal care facility. ORDINANCE #9457 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZDNING", BY ADDING DEFINITIONS OF PERSONAL CARE FACILITIES AND PERSONAL CARE SERVICES TO SECTION 29-3, BY AMENDING SECTIONS 29-10(c)(5), 29-10(l)(1)(h), 29-13(c)(3), 29-13(1)(1)(d), 29-16(c)(4), and 29-16(1)(1)(d), TO ADD "PERSONAL CARE FACILITIES"; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Planning and Zoning Commission has appointed a committee to review the status of boarding and caring for elderly persons in the single family (R-1) district. Existing state law describing levels of care, license procedures and other regulations will be reviewed and information will be gathered from individuals active in the business. Staff advised that a Bill sent to for signature requires the City to action as it would exempt personal for four or more persons from any requirements. Governor Richards take immediate care facilities Zoning Code June 27, 1991 Page 450 Aside from removing any doubt that the four (or more) person facilities, by the state definition, are permitted in A-2, AM, and commercial districts, Staff considers this amendment routine and recommended that the Council uphold the recommendation of the Planning and Zoning Commission. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9457 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A--450-395 (23.) Hold an Executive Session to discuss pending litigation --Codes. There being no further business to come before Council, motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to adjourn the meetings at 11:57 a.m. Motion carried: 5 Yeas; 0 Nays (Councilwoman Trejo and Councilman Aderton absent from the Council Chambers). e 6. -C . cMi nn, �4�yo�r,� ATTEST:: 42z�� te Boyd, City 5 retary Read and approved this 11th day of July, 1991. . C. McMfnrr, Mayor ATTEST: Rane a Boyd, City Secretar