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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/27/1992CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1992 2:30 P.M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of February, 1992 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 2:30 P.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 2:30 P.M. ( 1.) The Invocation was given by City Attorney John Ross. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to approve the Minutes of the February 13, 1992 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 92-51A-1:17-98 ( 4.) Board Appointments PROCLAMATION: "Lubbock High School and Science Team Day" -- February 27, 1992. 92-51A-117-99 ( 5.) February 27, 1992 Page 118 RESOLUTION #3818 WHEREAS, the Aviation Safety and Capacity Expansion Act of 1990 (P.L. 101-508) amends the Federal Aviation Act of 1958 so as to enable public agencies which control commercial service airports to request authority from the United States Department of Transportation to impose passenger facility charges (PFCs) for enplaned passengers at such airports; and WHEREAS, pursuant to P.L. 101-508, the City of Lubbock may request authority to impose a PFC of either $1, $2 or $3 on enplaned passengers at the Lubbock International Airport for the purpose of obtaining revenue with which to finance airport -related projects; and WHEREAS, a public agency which desires to impose a PFC at its commercial service airport must first submit an application for authority to impose such a fee to the Department of Transportation (DOT) in the form and containing the information required by DOT regulations; and WHEREAS, the Airport Board of the City of Lubbock has determined that requesting authority from the DOT to impose a passenger facility charge for enplaned passengers at Lubbock International Airport is in the best interest of the citizens of this City, and such Board has recommended to the City Council that an application requesting such authority be made to the Department of Transportation; and WHEREAS, the City Council hereby accepts the Airport Board's recommendation; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Aviation for Lubbock International Airport BE and is hereby authorized and directed to submit to the United States Department of Transportation an application and any additional documents necessary to obtain authority to impose a passenger facility charge on enplaned passengers at the Airport in accordance with the Aviation Safety and Capacity Expansion Act of 1990. Passed by the City Council this 27th day of February, 1992. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranet:te Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney At the urging of the Association of Airports, the Association of Airlines and the FAA Congress approved the Passenger Facility Charge Program (PFC) in 1990. This action will enable participating airports to receive funds from the Passenger Facility Charge Program which would provide approximately $1.7 million new capital money to Lubbock International Airport. February 27, 1992 Page 119 92-51A-1;19-1010 ( 6.) There is no penalty to Lubbock's class of airport for implementing PFC's but if not implemented, the user fee will still go on LIA departing passengers' tickets with the money going to airports downstream. Lubbock's imposing of PFC can only affect tickets on its passengers by $3. PFC funds may be used for aviation capital projects as match money for FAA funded capital projects, for bonds utilized on eligible projects, and for noise projects. According to Staff comments, PFC funds used in conjunction with regular and discretionary FAA grant money would provide $3 to $6 million annually without the use of local dollars for match money. The Airport Advisory Board voted at their February 19, 1992 meeting to recommend implementation of PFC's. Joe Horkey, Board Chairman, presented the recommendation for Council consideration. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3818 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. voting districts. ORDINANCE #9502 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCT BOUNDARIES, VOTING PLACES, ANO VOTING DISTRICTS AS REQUIRED BY STATE LAW; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 92-51A-11,9-101 ( 7.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9502 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. C-3 to R-1_on a tract out of Section 11, Block E-2. ORDINANCE #9504 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2460-G; A ZONING CHANGE FROM C-2 AND C-3 TO R-1 ZONING ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. February 27, 1992 Page 120 92-51A-120-102 ( 8.) Henry Huneke presented this request for a down -zone from commercial to single-family. No one appeared in opposition. Mayor McMinn closed the hearing at 3:05 p.m. David Jones, Director of Planning, stated that a second zone case at a later date will rezone the rest of the proposed residential to R-1 and he then gave the adjacent land use relationships as follows: North - undeveloped South - undeveloped East - undeveloped West - undeveloped GO and Havertys Furniture According to Mr. Jones, the P&Z Commission considered this a routine request and included a statement in the motion that approval will amend the Comprehensive Plan from commercial to residential. The proposal should have little effect on traffic. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pr❑ Tem Patterson, seconded by Councilman Phillips t❑ pass ❑n first reading Ordinance #9504 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; Nays. Addition. ORDINANCE #9505 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1542-P; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE PERMIT FOR A DRIVE-IN RESTAURANT AND ALL UNCONDITIONALLY PERMITTED C-2 USES ON THE SOUTH LOCI FEET OF LOT 2-A-1-A, BLOCK 2, FURR WOLF ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Rodney Warren presented this zone change request. No one appeared in ❑pposition. Mayor McMinn closed the hearing at 3:12 p.m. David Jones, Director of Planning, stated that this request for a drive-in restaurant without inside seating, stimulated discussion by the Planning and Zoning Commission concerning this use at this location. Mr. Jones then gave the adjacent land use relationships as follows: North - commercial with a vacant portion remaining north South - commercial East - commercial West - commercial February 27, 1992 Page 121 92-51A-121-103 ( 9.) According to Staff m Plan notes this area policy issues exist land use. Immediate C-3. emo, the Comprehensive Land Use as commercial and as such, no outside that of the intensity of and adjacent zoning is C-2 and The memo advised further that in 1975, drive-in restaurants were allowed as a permitted use in C-4, primarily because of traffic congestion, but congestion in these locations is not as prevalent now as then. In the future, P&Z will likely request City Council to consider changing allowing drive-in's as permitted uses in C-4 only to allowing them in C-3 as a Conditional or Specific Use. There was objection to the proposal due to projections of increased traffic, particularly in the center turn lane. P&Z Commission discussed the potential traffic volume of a drive-in versus that of most retail stores, including many high traffic volume uses. P&Z Commission consensus was that the traffic generated by the drive-in would be no more detrimental than any high volume C-2 permitted use. Staff supported the recommendation of the Planning and Zoning Commission to the City Council. Motion was made by Councilman Malay, seconded by Councilwoman Baker to pass on first reading Ordinance #9505 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. Dr. Sham Gandhi) for a zoning change from T to C-3 on a tract out of Section 16, Block E-2. AN ORDINANCE AMENDING MAP OF THE CITY OF LUBBOCK 2681; A :CONING CHANGE FROM BLOCK E-2, LUBBOCK, TEXAS; PROVIDIN13 A SAVINGS CLAUSE ORDINANCE #9506 ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAKING THE FOLLOWING CHANGES: ZONE CASE NO. T TO C-3 ZONING ON A TRACT OUT OF SECTION lb, SUBJECT TO CONDITIONS; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. Burl Masters appeared on behalf of Dr. Sham Gandhi to present this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 3:16 p.m. David Jones, Director of Planning, stated that when Lakeridge down -zoned an area north 98th Street last month, Staff contacted the proponents and suggested they request commercial zoning for their land prior to the residential construction. Mr. Jones gave the adjacent land use relationships as follows: North - C-3 and R-1 South - outside city limits East - T, vacant West - T, vacant February 27, 1992 Page 122 92-51A-122-104 (10.) According to Staff memo, the request follows the current Comprehensive Land Use Plan policy at this southeast corner. The Comprehensive Plan contains up to 10 acres ❑f commercial zoning per quadrant ❑f thoroughfare intersections and as a result ❑f the down -zoning to commercial at the northeast corner ❑f this intersection, this tract in excess of 10 acres and still within the policy guidelines. Staff supported the recommendation ❑f the Planning and Zoning Commission t❑ the City Council. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9506 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Jack Chapman appeared on behalf ❑f Bob York to present this request for zone change. Bob York and Martha York, Joint Owners, spoke in favor ❑f this request. Those speaking in opposition were Dr. Jim Axe, Dr. Gwen Jordan, Dr. Daryl Henderson, Kathy Duncan, and Kelly Biggerstaff. Mayor McMinn closed the hearing at 3:54 p.m. David Jones, Director of Planning, stated that this request involved changing conditions and land use appropriateness. According to Staff memo, in 1975, the pawn shop as a permitted use was located in the C-4 District because of "social" and development standards problems. Significant opposition was voiced by landowners and far greater than 20% ❑f the notice area expressed opposition t❑ this request. Passage will require a 6/7 vote of the Council, in spite of a P&Z vote of 7-0 for approval. Mr. Jones gave the adjacent land use relationships as follows: North - apartments and restaurants South - commercial East - commercial West - commercial According to the Comprehensive Land Use Plan, this area is commercial. The Planning and Zoning Commission discussed whether or not the pawn business has changed to the extent that it may be located in areas with more restrictive zoning and the final consensus was that this proposal was appropriate. February 27, 1992 Page 123 92-5IA-123-105 (11.) Staff recommended that the City Attorney's Office research whether or not a condition could tie approval ❑f this request to "Cash America" as a function of the Specific Use Permit and the response was that it could not. Staff made n❑ specific recommendation to the Planning and Zoning Commission. Comments from the Police Department reflected the opinion that the pawn business in Lubbock as a whole is honest. Also, a law enforcement agency which tracks the pawn business nationally reports favorably on the operations ❑f "Cash America". After brief discussion among Councilmembers and Staff, a motion was made by Councilman Maloy, seconded by Councilman Aderton to uphold P&Z Commission recommendation to approve the request of Bob York for Zone Case #1906-A. Motion failed: 5 Yeas; 2 Nays --Councilman Phillips, Councilwoman Trejo. ORDINANCE #9507 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTIDN 29-3(52c) ENTITLED "DEFINITIONS" BY ADDING A DEFINITION FOR GRAND OPENING; BY AMENDING, SECTION 29-7 ENTITLED "R-1 SINGLE FAMILY DISTRICT" BY DELETING SECTION 29-7(c)(5)c, SERVANT'S QUARTERS AS A PERMITTED USE; BY AMENDING SECTION 29-8 ENTITLED "R-2 TWO FAMILY DISTRICT" BY DELETING SECTION 29-8(k) FLOOR AREA RATIO FOR DUPLEXES; BY AMENDING SECTION 29-9 ENTITLED "A-1 FAMILY APARTMENT DISTRICT" ADDPTING THE TOWNHOUSE/GARDEN HOME DEVELOPMENT STANDARDS FOR COVERAGE AT SECTION 29-9(c)(3); BY AMENDING SECTION 29-16 ENTITLED "C-2A RESTRICTED LOCAL RETAIL DISTRICT" BY DELETING SECTION 29-16(1)(M .2 BLOOD BANK OFF-STREET PARKING; BY AMENDING SECTION 29-20 ENTITLED "C-4 COMMERCIAL DISTRICT" BY DELETING SECTION 29-20(m)(1)c.26 OFF-STREET PARKING FOR RESCUE MISSION; BY AMENDING SECTION 29-22 ENTITLED "M-1 LIGHT MANUFACTURING DISTRICT" BY DELETING SECTION 29-22(d)(1) CONDITIONAL USE; BY AMENDING SECTION 29-23 ENTITLED "M-2 HEAVY MANUFACTURING DISTRICT" BY INCLUDING M-1 CONDITIONALLY PERMITTED USES IN SECTION 29-23(d)(1) AND BY DELETING SECTION 29-23(c)(6), BARS AND NIGHTCLUBS; BY AMENDING SECTION 29-23.1 ENTITLED "IHO INTERSTATE HIGHWAY OFFICE DISTRICT" YARD REQUIREMENTS IN SECTION 29-23.1(e)(1); BY AMENDING SECTION 29-23.2 ENTITLED "IHC INTERSTATE HIGHWAY COMMERCIAL DISTRICT" YARD REQUIREMENTS IN SECTION 29- 23.2(e)(.1) AND BY DELETING SECTION 29-23.2(c)(50) RESCUE MISSIONS AND BY AMENDING THE OFF-STREET PARKING REQUIREMENTS IN SECTION 29-23.2(l); BY AMENDING SECTION 29-23.3 ENTITLED "IHI INTERSTATE HIGHWAY INDUSTRIAL DISTRICT"' YARD REQUIREMENTS IN SECTION 29-23.3(e)(1) AND BY AMENDING OFF-STREET PARKING REQUIREMENTS IN SECTION 29-23.3(l); BY AMENDING SECTION 29-24 ENTITLED "SPECIFIC USE DISTRICT" BY DELETING SECTION 29- 24(c)(1)b SELF SERVICE GASOLINE SALES, ADDING SECTION 29-24(c)(5)b SELF SERVICE GASOLINE SALES, AND AMENDING SECTIONS 29-24(c)(28) AND 29- 24(c)(30) REGARDING BLOOD BANKS AND RESCUE MISSIONS; BY AMENDING SECTION 29-26 ENTITLED "SIGNS" BY AMENDING SECTION 29-26(c)(4) REGARDING AN EXCEPTION TO "PROHIBITED SIGNS" FOR GRAND OPENINGS, AND TO AMEND SECTIONS 29-26(g)(3), 29-26(h)(3), AND 29-26(i) (1) REGARDING SIGNS PERMITTED IN SPECIFIC USE DISTRICT; AND BY AMENDING SECTION 29-28 ENTITLED "ZONING BOARD OF ADJUSTMENT" AT SECTIONS 29-28(f)(2)j AND 29- 28(f)(2)n PROVIDING FOR SPECIAL EXCEPTIONS RELATING TO OUTSIDE SALES ACTIVITIES AND DANCE FLOORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. February 27, 1992 Page 124 92-51A-124-106 (14.) David Jones, Director of Planning, stated Staff proposal for several non -substantive changes to the Zoning Code. Both Staff and the Planning and Zoning Commission considered these changes routine and there was no public discussion at the P&Z hearing. Staff recommended approval. No one appeared in opposition. Mayor McMinn closed the hearing at 4:07 p.m. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to pass on first reading Ordinance #9507 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. Consider Ordinance #9508 amending Chapter 25. Section 225-6(4){1}(P), adding elevation requirements in flood hazard areas regardinq building construction. ORDINANCE #9508 AN ORDINANCE AMENDING SUBDIVISION 25-6(A)(1)(P) OF CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK SO AS TO ADD ELEVATION REQUIREMENTS IN FLOOD HAZARD AREAS AS REGARDS BUILDING CONSTRUCTION; PRESCRIBING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. According to Staff memo, this revision codifies the City's current policy on minimum floor elevations required in areas influenced by playa lakes and will have no effect on present construction and development within the City of Lubbock. This revision is in compliance with requirements specified in the application by the City for certification under the Community Rating System (CRS) which was approved by the City Council on December 12, 1991. The West Texas Home Builders and Developers Council have been briefed regarding this amendment. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to pass on first reading Ordinance #9508 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-124-107 (15.) Consider Resolution #3819 authorizing the Mayor to execute the 1992 Shelter Plus Care Grant Application and all related documents. February 27, 1992 Page 125 RESOLUTION #3819 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 Shelter Plus Care Grant Application for the year 1992 and related documents, which Application is 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 fully copied herein in detail. Passed by the City Council this 27th day of February, 1992. /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s SanO Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: s Dennis W. McGill Dennis W. McGill Civil Trial Attorney A copy of the! Shelter Plus Care Grant Application is filed with Resolution No. 3819. The new Shelter Pius Care (S+C) program is designed to provide housing and supportive services an a long-term basis for homeless persons with disabilities, primarily those with serious mental illness, chronic problems with alcohol and/or drugs, or AIDS and related diseases. It is a flexible program that allows for a variety of housing options with supportive services to respond to the needs of homeless people. The City will be applying only under the Sponsor -based Rental Assistance Program (SRA) component at this time. Under this component, the City can request grant funds forrental assistance through a contract with a non-profit organization/sponsor. The sponsor has flexibility in devising appropriate housing (group homes, shared apartments) and supportive services for homeless persons with disabilities. The units must be owned or leased by the sponsor, who will directly implement and maintain the program. The City will function in a monitoring capacity. February 27, 1992 Page 126 Lubbock Regional MHMR will be the primary sponsor on the City's application and representatives from the mental health and alcohol abuse divisions of MHMR as well as SPARC, a service provider for victims of AIDS, have taken the lead role in developing the grant application. The application will be targeted to women with children who are recovering alcoholics, victims of AIDS living in a shelter situation, and persons with a mental illness in a transitional rehabilitation program. The application includes the following components: Mental Health: 15 - one bedroom units S+C funding - $ 54,720 /year $273,600 /5 yr, grant period Alcohol: 8 - two bedroom units S+C funding - $ 38,304 /year $191,520 /5 yr, grant period SPARC: 3 - one bedroom units and 1 four bedroom group home S+C funding - $17,640 / year $88,200/5 Yr. grant period. The S+C Program will assist 48 people per year with total annual funding of $110,664 which over the five year grant period will be $553,320. There is a requirement in which the sponsors must match the amount of S+C rental assistance with supportive services, the aggregate amount of which must equal the S+C grant. This grant will provide rental assistance payments while the associated supportive services will be provided by the agencies as a match. The grant is for a 5-year period, and the administration of the grant will be handled by the City with a 1% administrative fee. One significant problem in the development of this grant application is that HUD made a determination a few weeks ago that Texas MHMR organizations do not qualify under the S+C Program because they are public (not private) non-profit entities. The impact of this decision is that no Texas applications will qualify for S+C funding because there are no private non-profit service providers (only public non -profits - MHMR's) which care for the targeted populations in Texas. Staff have previously funded MHMR's under the Emergency Shelter Grant Program and the Transitional Living Program, both of which are HUD funded programs. The main question was whether the definition of a non-profit agency differs under the S+C Program. Staff is currently working with Barbara McCall and Wayne Abernathy of Senator Gramm's office to get relief on the definition of eligible non -profits. Mr. Abernathy has concurred that it is was not Congressional intent to limit services to only the larger population centers in which private non-profit delivery systems currently exist and operate. Ms. McCall is following through with proposed legislative wording which basically deletes the word "private" from the definition of an eligible non-profit under the S+C Program. HUD has been asked for a general opinion and the ruling will likely be reversed. February 27, 1992 Page 127 This application is consistent with the Comprehensive Housing Affordability Strategy (CHAS) which identified the need for more housing assistance for special needs populations. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #3819 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 92-51A-127-108 (16.) Consider Resolution #3820 authorizing the Mayor to execute a Funding Agreement with the South Plains Association of Governments for Revolving Loan Fund. RESOLUTION #3820 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 Community Development Funding Agreement between the City of Lubbock and the South Plains Association of Governments for the Loan Guarantee Program, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail, Passed by the City Council this 21th day of February, 1992. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /sL Ranette B�o d Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Sandi Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORD: s Denniis W. McGill Dennis W. McGill, Trial Attorney February 27, 1992 Page 128 COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT FOR THE LOAN GUARANTEE PROGRAM BETWEEN THE CITY OF LUBBOCK AND THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into this 27th day of February, 1992, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and The South Plains Association of Governments, a council of governments hereinafter called "Grantee". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Development Act of 1974, as amended; and WHEREAS, the Grantee is a council of governments corporation which has a primary purpose to promote, assist and enhance activities for area counties and small cities; and WHEREAS, the services provided by the Grantee benefit citizens of City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the economic development services to be provided by the Grantee to be a public purpose; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 24 CFR 570.203 of the Community Development Block Grant Regulation for economic development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the administration of economic development projects and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Grantee to make available financial assistance for eligible businesses through the provision of public sector matching for the South Plains Association of Governments Revolving Loan Fund designed to assist new and existing businesses. NOW THEREFORE, the City and The South Plains Association of Governments do hereby mutually agree as follows: 1. The assistance made available through this Agreement shall be used by the Grantee solely for the purpose of providing economic development funds to eligible businesses and projects through the South Plains Association of Government's Revolving Loan Fund. February 27, 1992 Page 129 The purposes of the Revolving Loan Program include: 1. Improve and expand the economic development opportunities through private sector job creation and capital formulation. 2. To diversify local economies. 3. Provide an additional financing resource for businesses located in the CDBG Target Area. 4. Provide an incentive for businesses to locate or expand in the City of Lubbock and the CDBG Target Area. 5. Provide new or additional neighborhood services in the CDBG Target ARea. 16. Benefit low and moderate income persons, as defined by HUD guidelines, living the City of Lubbock through the creation and retention of jobs. 2. This Contract shall commence on or as of March 1, 1992, and shall terminate December 30, 1994. Grantee covenants and agrees that, in the event it desires to extend the terms of this Agreement beyond its stated date of expiration, it shall submit a written request for extension at least 30 days prior to the current expiration date hereof. The City is under no duty or obligation to grant the requested extension and that before any such extension become effective, it must be in writing as an amendment to this Agreement and approved by the City Council of the City of Lubbock. I:t is understood and agreed that this Agreement may be terminated by the City or the Grantee at any time by giving at least 30 days notice in writing to the other party. The notice shall stipulate the effective! date of termination and to what extent performance of the work is being terminated. After receipt of notice of termination, Grantee shall stop work under the Agreement on the date and to the extent specified in the notice of termination. Grantee covenants and agrees that in the event it fails to comply with or breaches any of the terms and provisions of the Agreement, City shall have the right to declare this Agreement immediately terminated, and City shall have no further responsibility or liability hereunder. 3. The City agrees to provide the Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed $44,500. It is understood and hereby agreed that it shall be the responsibility of the Grantee to perform and do the activities set forth in this agreement as consideration for the funds secured and provided by the City hereunder. 4. Upon receipt of appropriate receipts and documentation the City up to but not exceeding the approved funding limit shall issue reimbursement funding to Grantee for participation in the South Plains Association of Government's Revolving Loan Fund economic development projects. Upon Loan Fund Committee approval of a loan for inclusion in the South Plains Association of Government's Revolving Loan Program a request for the required public sector matching funds will be presented to the Grantee. The Grantee shall review the loan for compliance with the CDBG guidelines and determine compliance. The Grantee shall request the fundiing in accordance with this Agreement from the City of Lubbock and then remit to the South Plains Association of Government's Revolving Loan Fund the required funding. The funding will be provided as a grant to satisfy the necessary matching requirements. February 27, 1992 Page 130 In the event Grantee has not used the entire funded amount upon the completion of this program upon termination of this Agreement, Grantee shall refund City that unused portion within 30 days of the completion or termination of this program. 5. It is expressly understood by Grantee that this assistance is made available as part of City's Community Development Block Grant program, and as such, the activities undertaken must comply with all of the rules and regulations established by said program, including those assurances and conditions which are incorporated in Part II of this contract and hereby adopted for all purposes. Such rules and regulations shall be made a part of any contract executed between the Grantee and the other interested parties which are required for the South Plains Association of Governments Revolving Loan Fund. Grantee agrees that the services provided by the Grantee under this Agreement shall be devoted primarily to assist low and moderate income individuals. 5. Grantee further agrees to make its books and records available for inspection by any duly designated representative of the City, the Department of Housing and Urban Development, and the City's independent auditors as the City may determine at any mutually convenient time. Grantee also agrees to provide City, the Department of Housing and Urban Development, and the City's independent auditors with such financial records as the City may from time to time require as proof of Grantee's compliance with any and all terms and conditions of the contract. Bank statements for interest accrual should be forwarded by Grantee to the Community Development Office on a monthly basis. All reports or other communications relative to this agreement shall be addressed to the Community Development Administrator. 7. The Grantee agrees to provide City with copies of all printed publicity, handout materials, reports, videotapes and any other published materials developed which are directly related to this program. 8. Grantee agrees to include an acknowledgment of CDBG funding on all publicity, handouts, reports, videotapes and any other published materials which are directly related to this program. g. Grantee agrees to indemnify and hold the City harmless from and against all liability for injuries or death to persons, or damage to property caused by Grantee's performance of this Agreement or by the negligence of its agents or employees, or by any persons' use of educational materials developed by Grantee, and Grantee shall give to City prompt and timely written notice of any claim instituted which in any way, directly and indirectly, contingently or otherwise, affects or might affect City and City shall have the right to compromise and defend same to the extent of its own interests. 10. No officer or employee of the City; no member of its governing body; and no other public official of the governing body of the locality in which the program is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this program shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. 12. The Grantee shall not assign, sell or transfer any interest in this contract without the prior written consent of the City thereof. All fund interest will be retained for usage in future South Plains Association of Governments Revolving Loan Fund projects. February 27, 1992 Page 131 13. For purposes of determining venue and the law governing this agreement, activities performed under this Agreement are performed in the City and County of Lubbock, State of Texas. 14. This Agreement contains the entire Agreement of the parties. 15. None of the services covered by this Agreement shall be subcontracted without the prior written consent of the City. IN WITNESS WHEREOF, the City and the Grantee have executed this Agreement as ❑f the first day above written. ATTEST: CITY OF LUBBOCK ZsZ B. C. McMinn B. C. McMinn, Mayor SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Is/ Ranette Boyd Ranette Boyd, City Secretary /sZ Jerry Casstevens Jerry Casstevens APPROVED AS TO CONTENT: Executive Director s Sand,lV Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: s Dennis W. McGill Dennis W. McGlill Trial Attornev A copy of the Terms and Conditions is filed with Resolution No. 3820. On September 26, 1991, the City Council approved an allocation of $25,000 from the Community Development Block Grant Contingency Fund for continued participation in the South Plains Association of Government Revolving Loan Program. CDBG funds are used as a 25% public sector match requirement for the Revolving Loan program. Since February, 1989, this Program has been administered through the Hub City Economic Development Corporation, a non-profit corporation, which operates from the Board of City Development. The Review Committee of the Hub City Economic Development Corporation would evaluate loan proposals for inclusion in the Economic Incentive Fund and the primary purpose of this review is to ensure compliance with CDBG regulations. The loam program was initially funded at $100,000 and following is a summary of the loans made to date and the number of jobs created: No. of Jobs Created to Date Diesel Injection Service 6 of Texas, Inc. $19,000 loan for acquisition of additional equipment at newly expanded facility (3212 Slaton Road) Porter Manufacturing 5 Corporation. $42,500 loan for working capital at new facility (IO2 Broadway) Bi ham Brothers Inc. 5 $19,000 for acquisition of building and property (705 Slaton Highway) February 27, 1992 Page 132 Loan repayments and interest earned total $1,305.52 per month and are deposited into a separate City of Lubbock account for use in future projects. On November 27, 1991, the South Plains Association of Governments received approval of $500,000 in EDA funding. This funding required a local match which is comprised of the City Council $25,000 contingency allocation and the remaining balance in the Economic Incentive Fund of $19,500 for a total of $44,500. The SPAG Revolving Loan Fund Committee has assumed the responsibility of the Hub City Economic Development Corporation Committee in reviewing applications that utilize City of Lubbock CDBG funds for purposes of local match and guideline compliance. The SPAG Revolving Loan Fund Committee is comprised of twelve individuals appointed by the SPAG Board of Directors. Of these, 25% are minorities which is in accordance with the South Plains Association of Governments RLF Plan. In order to qualify as an eligible economic development project, the loan recipient must ensure compliance with the Community Development Block Grant regulations. The Funding Agreement includes the project budget, timetable and Community Development Guidelines. The Agreement was approved by the South Plains Association of Governments Board of Directors. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Aderton to authorize Resolution #3820 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 92-51A-132-109 (17.) Consider Ordinance # 509 repealing Article VII of Chapter 16 of the Code ❑f Ordinances, regarding Cit_y, traffic res onsibilities on the Texas Tech University campus. ORDINANCE #9509 AN ORDINANCE REPEALING ARTICLE VII OF CHAPTER 16 OF THE CODE OF ORDINANCE'S OF THE CITY OF LUBBOCK (BEING SECTIONS 15-194 THROUGH 16-207, INCLUSIVE; OF SAID CODE) SO AS TO REMOVE CITY OF LUBBOCK TRAFFIC REGULATIONS AS REGARDS THE CAMPUS OF TEXAS TECH UNIVERSITY; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. Article VII of Chapter 15 of the Code of Ordinances and deals entirely with Texas Tech. The provisions of this article designate boundaries, set speed limits, establish no parking zones, name streets, designate one-way streets, regulate parking in loading zones and trucks making deliveries, designate traffic signals and signs, and authorize the impoundment of vehicles. February 27, 1992 Page 133 92-51A-133-110 (18.) According to Staff memo, the problems in this article arise where it states that the City Traffic Engineer shall place and maintain traffic signals and additional traffic control signs, and the City Secretary is responsible for maintaining schedules of no parking areas, one-way streets, loading zones, and traffic signals, where in fact, Texas Tech officials have been doing this a long time without City supervision. The City Attorney's Office has reviewed this entire article with the Texas Tech Legal Department and the consensus is that there is no longer a need for any of its provisions since the Texas Tech University Board of Regents have adopted comprehensive traffic regulations for the campus pursuant to authority of Chapter 51 of the Education Code of the State of Texas. Staff recommended that Article VII of Chapter 15 of the Lubbock City Code be repealed. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9509 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3821 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application for State or Federal Assistance for the South Plains Regional Narcotics Task Force to continue a regional effort to enhance local law enforcement capabilities in curbing narcotics trafficking in a twelve (12) county region of the South Plains, attached herewith., which shall he 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 February, 1992. IsJ_B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Donald R. Bridgers Oonald R. Bridgers, Chief of Police APPROVED AS TO FORM: s John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Grant Proposal Evaluation Form is filed with Resolution No. 3821. February 27, 1992 Page 134 This grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover 13,000 square miles and are responsible to approximately 376,000 people in 15 counties. Illegal narcotic trafficking is a regional problem requiring regional coordination. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the 15-county region. The South Plains Regional Narcotics Task Force currently consists of six Lubbock Police Officers, two of whom work in conjunction with other agencies throughout the region on "gang" narcotics activity and will also assist the remaining four members of the Task Force who concentrate on general narcotics activity within the South Plains Region. Further, the Task Force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, and County and City law enforcement agencies and would also lend investigative support to local jurisdictions. The grant application is to be received by the Governor's Office, Criminal Justice Division, no later than 5:00 p.m., March 16, 1992 and awards for the grant will be set June 1, 1992. The total request for funding is $503,160 with the City's contribution being $125,790, the required 25% match for the total grant. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3821 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-134-111 (19.) February 27, 1992 Page 135 RESOLUTION #3822 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 Amendment No. 1 to Water Supply Agreement by and between Brazos River Authority and City of Lubbock, 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 February, 1992. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /sf Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: s John C. Ross, Jr. John C. Ross, Jr., City Attorney AMENDMENT NO. 1 TO "WATER SUPPLY AGREEMENT BY AND BETWEEN BRAZOS RIVER AUTHORITY AND CITY OF LUBBOCK" Amendment No. 1 dated this the 27th day of February, 1992, to Water Supply Agreement By and Between Brazos River Authority ("Authority"), a river authority of the State of Texas, and the City of Lubbock, Lubbock County, Texas ("City"), a home rule city organized under the laws of Texas. 1. RECITALS. Authority and City are parties to an agreement dated May 11, 1989, entitled "Water Supply Agreement By and Between Brazos River Authority and City of Lubbock" ("Base Agreement") relating to the construction and operation of Lake Alan Henry on the South Fork of the Double Mountain Fork of the Brazos River in Kent and Garza Counties„ Texas. In Base Agreement, Lake Alan Henry is called "Lake" and the term "Project" is defined as meaning Lake, together with certain municipal) and intake facilities. Base Agreement requires Authority to construct: Project and City to acquire all land and land rights not already owed by it and needed in connection with construction, operation and maintenance of Project and to grant easements over the lands in question which are needed by grant easements over the lands in question which are needed by Authority in connection with Project. During construction of Project by Authority, it has been determined that it is desirable that Authority, rather than City, obtain the subordination of certain affected outstanding oil, gas and other mineral interests affected by Project. It has also been determined that it is desirable for Authority rather than City to acquire certain existing facilities February 27, 1992 Page 136 ("Facilities") which are used or designed for use in the exploration for, production of, transportation of and/or storage of oil, gas and minerals and which may be affected by Project. The purpose of this Amendment No. I to Base Agreement is to provide (a) for Authority, rather than City, to obtain the subordinations in question and to acquire Facilities; (b) that costs incurred by Authority in obtaining such subordinations and in acquiring Facilities shall be deemed "Project Costs", as that term is defined in Base Agreement; and (c) that upon City's assumption of operation of Project under the provisions of Section 14 of Base Agreement, Authority will assign unto City all rights obtained pursuant to the provisions of this Amendment No. 1. 2. S'UBORDINATIONS AND FACILITY ACQUISITIONS. Authority agrees that it will (a) obtain subordinations of all presently outstanding oil, gas and other mineral interests affected by Project which are deemed by "Engineer" (as that term is defined in Base Agreement) to be needed for the construction and proper operation and maintenance of Project, and (b) that it will acquire all Facilities affected by Project and recommended for acquisition by Engineer, rather than requiring that such subordinations be obtained and Facilities be acquired by City as provided in Section 3 of Base Agreement. Failure of Authority to obtain subordination of any outstanding severed oil, gas and other mineral interest in lands affected by Project pursuant to the rights granted in this Amendment No. I shall not impair Authority's rights provided in Section 26 of Base Agreement. 3. COSTS AS PROJECT COSTS. Costs incurred by Authority in obtaining subordinations or in acquisition of Facilities pursuant to Section 2, above, shall be deemed Project Costs. 4. ASSIGNMENT OF RIGHTS UPON CITY'S ASSUMPTION OF OPERATION. Authority agrees that upon City's assumption of operation of Project pursuant to its rights under the provisions of Section 14 of Base Contract., Authority will, within a reasonable time after such assumption and upon written request from City, make written assignments of all rights acquired by it pursuant to this Amendment No. 1 unto City, with such assignments to be in form satisfactory to counsel for City. BRAZOS RIVER AUTHORITY BY:/s/ Roy A. Roberts Roy A. Roberts, P.E. General Manager ATTEST: s Helen K. Stout Assistant Secretary CITY OF LUBBOCK BY:/s/ B. C. McMinn B. C. McMinn, Mayor ATTEST; /s/ Ranette Boyd City Secretary February 27, 1992 Page 137 THE STATE OF TEXAS § COUNTY OF MCLENNAN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared HELEN K. STOUT, who being on ❑ath duly sworn, stated: that: "I am Assistant Secretary of Brazos River Authority. At a meeting of the Board ❑f Director of Brazos River Authority duly called and held on the 27th day of January, 1992, the following Resolution was adopted: RESOLUTION BE IT RESOLVED by the Board ❑f Directors of Brazos River Authority a. The Board of Directors of Brazos River Authority finds that there is a necessity for and that the public convenience and necessity require that Brazos River Authority acquire the following for the purpose of accommodating construction, operation and maintenance of Lake Alan Henry ("Project"), now being constructed by Brazos River Authority ❑n the South Fork of the Double Mountain Fork ❑f the Brazos River in Kent and Garza Counties, Texas: 1. subordination of all oil, gas and other mineral interests which may be affected by Project to the right of Brazos River Authority t❑ construct, ❑perate and maintain Lake Alan Henry, so that no use of the surface ❑f the lands in question may be made for exploration for, recovery of or storage ❑r transport of such ❑il, gas and other minerals (or ❑f ❑il, gas ❑r other minerals produced from other tracts); 2. all facilities located in, on or under lands affected by Project for use in exploration for, recovery ❑f or storage ❑r transport ❑f oil, gas and ❑ther minerals, including, but not limited to, pipelines, tanks, other pipe, machinery, pumps, engines and ❑ther equipment. b. The General Manager be, and he is hereby, authorized t❑ enter int❑ an agreement with the City ❑f Lubbock, Lubbock County, Texas, amending contract between Brazos River Authority and said City dated the 11th day of May, 1989, providing for the construction, ❑peration and maintenance of Project, t❑ provide for the obtaining of the subordinations and the acquisition of the facilities described in paragraph a, above, to be accomplished by Brazos River Authority in lieu of obtaining of such subordinations and acquisition ❑f such facilities by the City, provided that the costs involved shall be deemed t❑ be costs ❑f development and construction ❑f Lake Alan Henry to be paid with the proceeds ❑f bonds issued for such purposes, supported by the rates for water from such project to be charged t❑ the City of Lubbock. C. The General Manager be, and he is hereby, authorized to determine the ownership ❑f the interests and properties described in Paragraph a, above, and, if possible, t❑ obtain the subordinations and acquire the facilities involved by negotiation under policies heretofore adopted by the Board of Directors ❑f Brazos River Authority. February 27, 1992 Page 138 d. The General Manager be, and he is hereby, further authorized to take all steps necessary t❑ obtain the subordinations and acquire the facilities described in paragraph a, above, which cannot be acquired by negotiation pursuant to the provisions ❑f paragraph c, above, by eminent domain. e. The General Manager be, and he is hereby, further authorized to certify to the law firm of Carr, Fouts, Hunt, Craig, Terrill & Wolfe, Lubbock, Texas, the description ❑f each right and facility which is to be obtained or acquired by eminent domain pursuant to this resolution together with the names and addresses of the owners thereof and to direct such law firm to bring, maintain and prosecute the necessary legal action t❑ acquire or obtain such rights and facilities by eminent domain and, in that connection, t❑ represent Brazos River Authority in such proceedings in eminent domain and to take all steps deemed necessary by such counsel for the maintaining for such actions and prosecuting same to final judgment, with the employment of counsel to be pursuant to provisions of letter agreement with such firm set forth in letter dated June 13, 1990, from Aubrey J. Fouts to David B. Kultgen, General Counsel for Brazos River Authority, and accepted on behalf of Brazos River Authority by letter dated August 8, 1990, and with the General Manager to arrange for the provision of such support for counsel in the handling of such litigation as counsel shall request and he shall deem appropriate. f. The terms and conditions of employment of counsel referred to in paragraph e, above, are determined by the Board of Directors as being in the best interest of Brazos River Authority. Said Resolution has never been revoked and Roy A. Roberts is General Manager of Brazos River Authority." Is/ Helen K. Stout Helen K. Stout SUBSCRIBED AND SWORN TO BEFORE ME by HELEN K. STOUT, on this the 29th day of January, 1992. /s/ Name Not Legible Notary Public in and for the State of Texas Although there is n❑ confusion between the Brazos River Authority (BRA) and the City of Lubbock concerning the acquisition or subordination of mineral interests related to the Lake Alan Henry Project, the Authority's General Council has reviewed the matter and has recommended additional documentation to support the Authority's acquisition activities. During this project the BRA has coordinated their activities with the City of Lubbock in accordance with the City's direction. However, as the time nears when various property and/or interests will be acquired after negotiation fails, BRA's General Council considers it prudent to more clearly define and specifically authorize the anticipated eminent domain activities. February 27, 1992 Page 139 92-51A-139-112 (20.) 92-51A-139-113 (21.) The City Attorney has approved it with the proposed amendment. This proposed addendum was subsequently returned to the Brazos River Authority and taken to their board for approval. Staff recommended approval. Motion was made by Councilman Aderton, seconded by Councilwoman Trej❑ to authorize Resolution #3822 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. Motion was made by Councilwoman Baker, seconded by Councilman Patterson to authorize Change Order #1 to Purchase Order #30706 with Shamrock Chevrolet for additional marked police units. Motion carried: 1 Yeas; 0 Nays. At a previous Council meeting, bids were awarded for the purchase of 42 police units. Twenty-eight were marked units and fourteen were unmarked units. This year, the bids came in substantially lower than Staff had predicted. Where Staff had budgeted $621,600 for the purchase of these units, the bid price came in at $491,578.16. Given the fact that these prices are the best Staff have seen in years and the further consideration it is crucial to keep the City fleet as up-to-date as possible, Staff recommended that these change orders be approved to purchase an additional seven marked units at a cost of $85,737.54 and an additional three unmarked units at a cost of $31,836. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Change Order #1 to Purchase Order #30705 with Knapp Chevrolet for unmarked police units. Motion carried: 1 Yeas; 0 Nays. February 27, 1992 Page 140 92-51A-140-114 (22.) Consider Resolution #3823 declaring the intent to reimburse projects with SRF_funds. RESOLUTION #3823 A RESOLUTION relating to the reimbursement of City funds to be expended for costs of construction of an administration and maintenance building, an activated sludge plant, headworks facilities, solids handling facilities; anaerobic digester rehabilitation and an effluent discharge pipeline to the North Fork Double Mountain Fork Brazos River with associated diechlorination/reaeration facility from the proceeds of sale of debt obligations; and resolving other matters incident and related thereto. WHEREAS, City of Lubbock, Texas (the "City") intends to construct an administration and maintenance building, an activated sludge plant, headworks facilities, solids handling facilities; anaerobic digester rehabilitation and an effluent discharge pipeline to the North Fork Double Mountain Fork Brazos River with associated dechlorination/reaeration facility (the "Project"), and proposes to issue dent to finance the cost of the Project; and WHEREAS, the City plans to reimburse itself for expenditures made in connection with the Project prior to the issuance of its debt; and WHEREAS, regualtions issued under the Internal Revenue Code of 1986 (the "Code") impose certain requirements in order that such reimbursement is treated as an expenditure of bond proceeds for federal tax law purposes, including the taking of official action by the adoption ❑f a resolution evidencing the City's intention to reimburse City funds expended for a project or purpose to be financed with the proceeds of debt obligations; now, therefore, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: ECTION 1: That the following proposed reimbursement plan is approved: 1. This Resolution is a declaration of official intent under Treasury Regulation Section 1.103-18(f). The City reasonably expects to reimburse itself for expenditures to be made to construct an administration and maintenance building, an activated sludge plant, headworks facilities, solids handling facilities; anaerobic digester rehabilitation and an effluent discharge pipeline to the North Fork Double Mountain Fork Brazos River with associated dechiorination/reaeration facility with proceeds of debt to be incurred by the City. 2. The maximum prinicipal amount of debt expected to be issued for reimbursement purposes with respect to the Project is $2,419,000. February 27, 1992 Page 141 SECTION 2: This Resolution will be availalbe for inspection by the general public at the main administrative offices of the City during normal business hours on each business day through and including the date of issue of the debt obligations. PASSED AND ADOPTED, this February 27, 1992. CITY OF LUBBOCK, TEXAS Isj B. C. McMinn B. C. McMinn, Mayor ATTEST: ZsZ Ranette Boyd Ranette Boyd, City Secretary CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: 1. That on the 27th day of February, 1992, the City Council of the City of Lubbock, Texas, convened in regular session at its regular meeting place in the City Hall of said City; the duly constituted members of the Council being as follows: B. C. McMinn Mayor T. J. Patterson Mayor Pro Tem Bill Maloy Councilmember Gary D. Phillips Councilmember .Doan Baker Councilmember Flaggie Trejo Councilmember NI. J. Aderton Councilmember all of said persons were present at said meeting, except the following: None. Among other business considered at said meeting, the attached resolution entitled: A RESOLUTION relating to the reimbursement of City funds to be expended for costs of construction of an administration and maintenance building, an activited sludge plant, headworks facilities, solids handling facilities; anaerobic digester rehabilitation and an effluent discharge pipeline to the North Fork Double Mountain Fork Brazos River with associated dechlorination/reaeration facility from the proceeds of sale of debt obligations; and resolving other matters incident and related thereto. was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion made by Councilmember M. J. Aderton and seconded by Councilmember Joan Baker the resolution was finally passed and adopted by the Council by the following vote: _7— Voted "For" _0_ Voted "Against" —0_ Abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. February 27, 1992 Page 142 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City' the duly qualified and acting members of the City Council of the City on the date ❑f the aforesaid meeting are those persons shown above and, according to the records of my ❑ffice, each member of the Council was given actual notice of time, place and purpose ❑f the meeting and had actual notice of time, place and purpose of the meeting and had actual that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunt❑ signed my name ❑fficially and affixed the seal ❑f said City, this the 27th day of February, 1992. 92-51A-1412-115 (23.) /sj Ranette Boyd Ranette Boyd, City Secretary City of Lubbock, Texas This action relates to the financing ❑f the water reclamation improvements with the State Revolving Fund bonds. The process that the Water Development Board uses on this financing is to reimburse the City for completion of project segments. Basically, Staff will request the funds as payments are due on the project and in some cases will request reimbursement for expenditures already made. This Resolution was presented to the City Council by Fulbright and Jaworski, Bond Counsel and is a technical action in order to maintain the tax-exempt status of the bonds. Staff recommended approval ❑f the Resolution. Motion was made by Councilman Aderton, seconded by Councilwoman Baker to authorize Resolution #3823 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9510 AN ORDINANCE REPEALING ARTICLE XVI OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE BOARD OF CITY DEVELOPMENT AND ITS DUTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Consideration of this ordinance is follow-up action by Council to the Voter approval of a Charter Amendment doing away with the BCD. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9510 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 27, 1992 Page 141 SECTION 2: This Resolution will be availalbe for inspection by the general public at the main administrative offices of the City during normal business hours on each business day through and including the date of issue of the debt obligations. PASSED AND ADOPTED, this February 27, 1992. CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OI" LUBBOCK § .1, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: :l. That on the 27th day of February, 1992, the City Council of the City of Lubbock, Texas, convened in regular session at its regular meeting place in the City Hall of said City; the duly constituted members of the Council being as follows: B. C. McMinn Mayor T. J. Patterson Mayor Pro Tem Bill Maloy Councilmember Gary D. Phillips Councilmember Joan Baker Councilmember Maggie Trejo Councilmember NI. J. Aderton Councilmember all of said persons were present at said meeting, except the following: None. Among other business considered at said meeting, the attached resolution entitled: A RESOLUTION relating to the reimbursement of City funds to be expended for costs of construction of an administration and maintenance building, an activited sludge plant, headworks facilities, solids handling facilities; anaerobic digester rehabilitation and an effluent discharge pipeline to the North Fork Double Mountain Fork Brazos River with associated dechlorination/reaeration facility from the proceeds of sale of debt obligations; and resolving other matters incident and related thereto. was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion made by Councilmember M. J. Aderton and seconded by Councilmember Joan Baker the resolution was finally passed and adopted by the Council by the following vote: _7_ Voted "For" TQ- Voted "Against" _Q_ Abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. February 27, 1992 Page 143 92-51A-143-116 (24.) Consider Resolution #3824 providing for the administrative oversight of the Board -of Cit Development during the remainder ❑f FY 91/92. RESOLUTION #3824 WHEREAS, the voters of the City of Lubbock, voting at an election on January 18, 1992, repealed Chapter III of the Charter ❑f the City ❑f Lubbock; and WHEREAS, such Chapter III provided for the creation and existence ❑f the Board of City Development; and WHEREAS, the result of such vote dissolved the Board of City Development; and WHEREAS, the Board of City Development had retained employees, entered into contracts and had ongoing activities on the date of its dissolution; and WHEREAS, the City of Lubbock is the legal successor of the Board of City Development; and WHEREAS, the City of Lubbock will take possession and control over the employees of the former Board of City Development, its contracts, and activities for the purposes of winding down such activities; and WHEREAS, the City Manager is the Chief Administrative Officer of the City under its Charter; and iWHEREAS, there are immediate temporary administrative tasks which must be addressed to accomplish an orderly wind down of the activities of the former Board of City Development; NOW THEREFORE: BE 1T (RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager is directed to take control and oversight responsibility for the employees of the former Board of City Development during the wind up phase of the former Board's agreements and activities. SECTION( 2. THAT the employees of the former Board of City Development shall take their direction from and be under the control of the City Manager during the wind up phase of the former Board's activities. SECTION 3. THAT the City Manager shall cause an audit to be made of all of the books and records of the former Board of City Development and shall present the results of such audit to the City Council as soon after -its completion as possible. SECTION 4. THAT the City Manager shall cause an inventory to be made of all fixed assets of the former Board of City Development. February 27, 1992 Page 144 SECTION 5. THAT the City Manager shall undertake the following duties: (a) Take charge and control over all property and assets of the former Board ❑f City Development; (b) Continue to respond to and maintain contact with all persons, companies, corporations ❑r other entities seeking assistance from the farmer Board ❑f City Development; (c) Continue to maintain, update and safeguard the data base created by the former Board of City Development; (d) Expend funds necessary to accomplish the activities herein set forth in this resolution. SECTION 6. THAT this resolution is temporary and valid until superseded by future actions ❑f the City Council. Passed by the City Council this 27th day of February, 1992. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s B❑b Cass Bob Cass, Deputy City Manager APPROVED AS TO FORM: s John C. Ross, Jr. John C. Floss, Jr., City Attorney During their February 13, 1992 Work Session, Council was advised ❑f the need to "phase out" BCD activities over the balance ❑f this fiscal year. In the course ❑f that discussion, the City Attorney pointed out that the Charter provides for the City Manager to handle administrative oversight of the former BCD and its functions until the Council makes a final determination ❑n economic development programs. This Resolution provides for that transition, and in addition, instructs the City Manager t❑ arrange for a transitional audit and an inventory ❑f all fixed assets ❑f the former BCD. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3824 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 27, 1992 Page 145 92-51A-145-117 (25.) BID #11790--Strip paving Niagra Street and Avenue K, and authorize same (Street Paving Engineering). RESOLUTION #3825 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 Ronnie Zahn Paving, Inc. for strip paving at Niagra Street and Avenue K, 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 February, 1992. Isl B. C. McMinn B. C. MCMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY 01117 LUBBOCK THIS AGREEMENT, made and entered into this 27th day of February, 1992 by and between the City of Lubbock, County of Lubbock, State of Texas, acting i by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Ronnie Zahn Paving, 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 unde►^ 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. 11790--Strip Paving Niagra and Avenue K (Street Paving Engineering) in the amount of $47,853.00. 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. February 27, 1992 Page 146 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: CITY OF LUBBOCK, TEXAS (OWNER) 5 Ranett_e Bnvd /s/ B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Ronnie Zahn Paving, Inc. CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Ronnie Zahn Paving, Inc. Route 10, Box 820 Lubbock, Texas 79404 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3825 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-146-118 (27.) BID #11784-Annual pricing for agricultural seed (Land.Apolication Site). Seedco Corp.--360 bg. Corn seed 119 day maturity eval. score (#1); 50 bg. Grain Sorghum seed; 240 bg. cotton seed. RC Young Seed--220,000 lb. Wheat VNS seed; 300 lb. Bermudagrass seed; 20,000 lb. Oat seed; 100,000 lb. Pearl Millet seed. Richardson Seeds of Lubbock, Inc.--300 bg. Soybean seed. Garst Seed Company, Amarillo--360 bg. corn seed 120 day maturity eval. score (#2) Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize low bids meeting specifications and in a drawing by Councilwoman Trejo, awarding tie bid item #2 to Seedco Corp. Motion carried: 7 Yeas; 0 Nays. February 27, 1992 Page 147 92-51A-147-119 (28.) 92-51A-147-120 (29.) 92-51A-147-121 (30.) BID #11474--Call Management Telephone System (.Communications). Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to award Bid #11474 to AT&T Company as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. IB D 411802--LP&L billing statements and envelopes Print Shop). Artistic Specialists, Inc.--1,000 M LP&L billing statements. Carpenter Paper Co., Amarillo--1,000 M LP&L #10 window envelopes; 1,000 M LP&L #9 window envelopes. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3825 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 Williams & Peters Construction Co., Inc. for the widening of Avenue H and Erskine Street, 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 February, 1992. Zsf B. C. McMinn 8. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney February 27, 1992 Page 148 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 27th day of February, 1992 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 Williams & Peters 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 follows: BID NO. 11808--Avenue H Widening and Erskine Paving (Street Drainage Engineering) in the amount of $246,147.25 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: CITY OF LUBBOCK, TEXAS (OWNER) s Ranette Bn—vd LL 6._ C_ . McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary COMPLETE ADDRESS: Williams Box 5215 Lubbock, Williams & Peters Construction Co. CONTRACTOR By: TITLE: & Peters Construction Co., Inc. Texas 79417 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3826 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 27, 1992 Page 149 92-51A-149-122 (31.) BID #11789--Fencing for LP&L South Substation, and authorize same (Electric Distribution)_ RESOLUTION #3827 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 G&O Fence Contractors, Inc. for fencing at LP&L South Substation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of thiis 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 February, 1992. (s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette B�oyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: sGene Eads. Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY 01: LUBBOCK THIS AGREEMENT, made and entered into this 27th day of February, 1992 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 G & 0 Fence Contractors, Inc. of the City of Odessa, County of Ector, 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 compllete the construction of certain improvements described as follows: BID NO. 11789--Fencing for LP&L South Substation (Electric Distribution) in the amount of $24,903.00 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. February 27, 1992 Page 150 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, this agreement in Lubbock, first above written. ATTEST: s R nette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary the parties to these presents have executed Lubbock County, Texas in the year and day CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: G & 0 Fence Contractors, Inc. CONTRACTOR By: TITLE: COMPLETE ADDRESS: G & 0 Fence Contractors, Inc. 11405 W. 57th Street Odessa, Texas 79154 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3827 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-150-12I3 (32.) BID. 11125--Traffic_Control equipment maintenance (Traffic Degartment). Cencom, Inc., Richardson --Maintenance of digital traffic control equipment hardware. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to award tie bid to Cencom, Inc. (as drawn by Councilwoman Baker). Motion carried: 7 Yeas; 0 Nays. 92-51A-150-124 (25.) February 27, 1992 Page 151 92-51A-151-125 (33.) 92-51A-151-125 (34.) 92-51A-1151-127 (35.) 92-51A-151-128 (35.) 92-51A-151-129 (12.) Hold an Executive Session to discuss personnel matters regarding duties responsibilities, and/or appointments to: Zoning Board of Adjustment Lubbock Civic Centers Board Board of Health Reyes expired on January 28,._„1992. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to reappoint Penny Morin, Kim Allen, Ron McLaurin and Ruben Reyes; to move Bobby Rogers from Alternate to Regular Member; and to appoint Jerry Schafner to replace Bobby Rogers as Alternate Member on the Zoning Board of Adjustment. Motion carried: 7 Yeas; 0 Nays. Consider -one aRpointment to the Lubbock Civic Centers Board. Sam Ogletree resigned his Rosition December 30, 1991. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Linda Greenstreet to replace Sam Ogletree on the Lubbock Civic Centers Board. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilman Phillips, seconded by Councilman Aderton to reappoint Ronald Thompson and to appoint Rich 011er to replace Jim Northcutt on the Board of Health. Motion carried: 7 Yeas; 0 Nays. Hold a Public Hearing for the 992-93 Community Development Block Grant Program. Mayor McMinn opened the Public Hearing at 5:04 p.m. and established the format as follows: Presentation by Paul Nash, Chair of the Community Development Advisory Committee of comments and recommendations from the CDAC; then public input in the order in which signed; and finally those who wished to testify, but did not register. February 27, 1992 Page 152 Mr. Nash reported that the CDAC had reviewed 34 funding requests totalling approximately $3.9 million, and had held three public meetings during January: Mae Simmons Senior Citizens Center, Central Senior Citizens Center, Rodgers Community Center, with approximately 100 citizens participating. The meetings were followed by a CDAC tour of these proposed projects: Mae Simmons Athletic Field Lighting Project; Affordable Housing; Guadalupe Entrance Marker and Neighborhood Improvements; Carlisle Area Paving; Housing Rehabilitation; and Detroit Avenue Landscaping. After completion of the tour, the CDAC, which is composed of representatives of six sectors of the City, as well as representatives of the disabled and senior citizens organizations, met in two work sessions. Mr. Nash advised that requests received were in excess of the funds available. He went on to relate the request from the Carlisle residents to tour their community and that the Committee recommended paving of Urbana Place from 19th Street to 26th Street and Urbana Avenue from 22nd Street to 24th Street. Additionally, Carlisle residents discussed completion of the water and sewer connections for their homeowners and construction of a community center for the area. After the tour and discussion, the Committee recommended paving Urbana Avenue from 22nd to 24th Streets and 24th Street from Urbana Place to Upland Avenue and completion of the water and sewer connections through the Helping Hands Program. Mr. Nash went on to say that the Early Learning Center, Inc. had requested $276,000 for construction of a Day Care Center in the Central Lubbock area. At this point Mr. Nash related the projects recommended for funding by the CDAC as follows: Project Neighborhoods $ 165,000 Residential Rehabilitation 750,000 Project Helping Hands 225,000 Housing Redevelopment 175,000 Sidewalks/Arnett Benson/ Chatman Hill 40,000 Paint -Up Program 35,000 Land Disposition 5,000 HOPE Program Property Mgt. 5,000 Administration 207,664 Field Services 300,614 Indirect Costs 100,000 Graffiti Removal 35,000 Carlisle Area Paving 79,393 Home Security Program 30,000 Neighborhood Support 33,000 Detroit Ave. Landscaping 35,690 Butler Park Outreach Prg. 30,500 Summer Recreation Satellite 51,200 Mae Simmons Athletic Field Lighting 50,000 Guadalupe Strip Park Security Lighting 22,000 Early Learning Centers 75,000 Drug Elimination Program 44,000 Contingency Fund 60.939 $2,555,000 February 27, 1992 Page 153 The total Community Development Block Grant program is $2,555,000. Mr. Hash said that the recommended funding represents an overall increase of 5%, or $124,000, from the 1991-92 allocation and that several projects were ranked as high priorities by the CDAC, were not recommended for funding at this time. It is the recommendation of the CDAC, however, that these projects be reviewed by Council for funding during the year, should money become available. Mr. Hash advised that the Housing and Code Enforcement Programs were reduced approximately $125,000 in order to fund more parks and other community improvements. According to Mr. Hash, during the neighborhood meetings, three additional projects which were proposed to the CDAC. These include: 1. Additional playground equipment at Rodgers Park. The estimated cost is $31,900 and was ranked as a high priority with no funding. 2. Paving of Avenue G between 2nd Place and 3rd Place. The project is proposed to be completed through an Interlocal Agreement with the County. The City's share of the cost is $8,000. 3. Redevelopment of the Starlight Motel and commercial center located at 500 E. 23rd. A Redevelopment Plan was proposed at $10,000. The current balance of the C.D. Contingency Fund is $165,280.59. Father David Cruz, representing the Carlisle Community, commented regarding the recommended allocation of 1/3 of the $2.5 million for administration and related costs. He then urged Council approval of paving of Urbana Place at an amount of $127,756 in light of the fact that this is part of the Frenship School District Bus Route, and during inclement weather, it becomes impassible for bus travel. He pointed out that this is the largest street in Carlisle, and that the residents have been notified that buses were stuck more than 20 times during this past school year, and because of this, Durham transportation will not allow their buses to enter this road during or after inclement weather, forcing the children to walk to the nearest paved street for pickup. Father Cruz urged Council to disregard the recommendation of the CDAC for the paving of Urbana Avenue and 24th Street and instead, to pave Urbana Place. He pointed out that 60 Carlisle residents had attended the public hearing, and that this was 95% of the total attendance at this hearing, or 1/2 of all hearing attendees. February 27, 1992 Page 154 Father Cruz then gave his opinion that the CDRC recommendation is not in compliance with the Code of Federal Regulations of HUD regarding resident input. He suggested that Council apply $79,300 recommended by the CDRC toward paving of Urbana Place, and if additional funds are necessary, that money be allocated from the Contingency Fund. Mayor McMinn then asked if the request for the funding is to hold the $79,300 recommended by the CDRC, until the summer when determination can be made as to the availability of additional funding and if additional funds do not become available, if the request is to hold the $79,300 until funds become available, with no work being done. Father Cruz stated he would need to discuss this with the residents. Councilwoman Baker recommended that Council allocate the $79,300 for "a Carlisle Paving Project" and when contingency funds become available, that Staff work with the Carlisle representatives and make the decision as to which street will be paved. Mayor McMinn pointed out that this would not tie the residents to the pavement of only Urbana Place. Father Cruz then deferred the suggestion to Pat Romo, who commented that a contingency fund amount is currently recommended by the CDRC and after Council approval of the other programs, additional funding for the Urbana Place paving could be reviewed. She mentioned further that last year more than $20,000 allocated for Carlisle was not needed for street paving, and the actual cost of paving Urbana Place, in their opinion, will be closer to $80,000 than the projected $127,756. Father Cruz then emphasized for the record that Urbana Place is the priority paving project and the request is that it be done this funding cycle, as made clear by the residents at the public hearing. Mayor Pro Tem Patterson then asked how many children are affected by the busing issue and Father Cruz stated that reference in the past has been to 200 households, but that he does not have an exact figure for the number of children. Councilwoman Baker requested that the information regarding the number of children affected, be presented by the time the decision is made regarding the contingency funds, and Father Cruz stated they would work on this. February 27, 1992 Page 155 Mayor McMinn then called on Paul Nash to clarify the Committee's recommendation. Mr. Nash stated that the public input was considered and said that the Carlisle request was for Urbana Place, 19th to 26th Street for $127,000 and affected 26 households. The second request was for Urbana Avenue, from 22nd Street to 24th Street which affected 19 households. Knowing that both requests could not be funded, the Committee decided to pave Urbana Avenue and depending on the amount ❑f available funds, t❑ pave 24th Street, from Urbana Place to Upland Avenue, which affected 13 households. The intent ❑f the CDAC, according to Mr. Nash, was t❑ meet needs ❑f the most residents within the amount of money which the Committee felt could be recommended. The CDAC recommendation would benefit 32 households. Mr. Nash advised that the Committee does not ❑ppose the request for paving Urbana Place, as long as there is funding and stated further that the CDAC intent was t❑ work within the available funds. Father Cruz then expressed concern that, in his opinion, the CDAC process had to be circumvented for them t❑ be heard. Mayor McMinn stated that it might not be possible for Council to allocate additional money than what was recommended and Father Cruz advised that the Carlisle residents will ask the Federal Government to intercede if their request is not approved. Councilman Maloy asked when the funds become available and the projects begin and Sandy Ogletree, Community Development Coordinator, answered that they will be available from June 1, 1992 through May 30, 1993. Councilmembers Aderton, Maloy and Mayor Pro Tem Patterson agreed that this request needs to be authorized. Quincy White, representing the Martin Luther King Little League, requested authorization of funds for renovation at Mae Simmons Park t❑ provide proper lighting and other renovations as recommended by the CDAC. Discussion ensued regarding the beginning of Little League Season and whether or not renovations could be effected by that time. Staff advised that due to requirements for environmental clearance, amending the current program and other necessary federal approval, this would not be possible. Barbara, Jessica, and Amanda Flanders and Nora and Yolanda Lares spoke ❑n behalf of Arnett Neighborhood requesting play ground equipment and handicapped accessibility improvements at Rodgers Park. Charles Saunders, representing the Afro American Community Development Corporation, requested use of Community Development funds for economic development purposes. Owen McWorther, representing the Neighborhood Redevelopment Commission, expressed support for the recommended funding of Housing and Neighborhood Programs. February 27, 1992 Page 156 James Miller, Carlisle resident, requested consideration of additional paving improvements and requested an update on previously authorized paving construction. Larry Hertel, City Engineer, advised that the project referenced had been delayed due t❑ weather, but that construction will resume next week. Abraham Spyes, an East Lubbock resident, commented on problems regarding minority lending practices ❑f local banks and then asked that lateral movement from one project t❑ another of allocated CDBG funds not be allowed. Marvin Williams, Carlisle resident, commented ❑n the need for street lighting, for paving improvements, and spoke of problems with some residents regarding hooking ont❑ City water and sewer services. Cecil Puryear complained about allocation of funds for anything but low income housing. Louis Trejo, representing Arnett Neighborhood, spoke in support of the recommended allocation for the Detroit Avenue landscaping project. Betty Anderson, President ❑f the Early Learning Centers, Inc., stated the need for future funding for a Center in the Overton area, and urged support ❑f the recommended allocation of $75,000 for expansion of present facilities. Barbara Matthews, East Lubbock resident, asked why other parks have lighted ballfields and Mae Simmons Park does not and the answer given by Councilman Phillips is that most of the other lighting has been paid for by the little league organizations. She then spoke about the need for upkeep of the property of the low income housing projects by the owners. Bishop W.D. Haynes spoke regarding the need for restudy of the Chatman Neighborhood Project property in light ❑f the unliklihood of it being developed as residential due to the fact that the land faces the cotton seed mills. His suggestion was that building be considered on the rim of the Canyon. Also, he requested allocation ❑f funds for the facility at East 23rd and Fir, for the purpose of singing activities. J.W. McCafferty, President ❑f the Chapel Hill Neighborhood Association, expressed disagreement with the lack of Helping Hands and Weatherization funding in his area. Rev. G.E. O'Neal, pastor of Mt. Gilead Baptist Church, requested that Council do additional prioritizing ❑f projects listed in the Economic Development Plan and inform the citizens ❑f Lubbock in a public forum. He mentioned the problems regarding the lack ❑f pedestrian bridge at Lake #6. Joan Ervin spoke regarding requested allocation for a pavilion which had not been recommended for funding. She expressed disagreement with the compromise which had been reached regarding donation of materials from the community and the commitment ❑f the Parks Department to provide construction assistance and land. February 27, 1992 Page 157 92-51A-157-130 (13.) Harold Chatman expressed appreciation for the affordable housing program and urged the Council to seriously consider the Carlisle request for paving. Quincy White then commented favorably on the community/City partnership regarding the East Lubbock pavilion project, stating that the compromise will allow completion of the project for this year's Juneteenth celebration. There being no further testimony, Mayor McMinn closed the hearing at 6:30 p.m. and called for Council discussion and decision. RESOLUTION #3828 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 Community Development Block Grant Application of 1992-1993 for the year 1992 and related documents, which Application is 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 February, 1992. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Sand igletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: ZsZ Dennis W. McGill Dennis W. McGill, Trial Attorney A copy of the Community Development Block Grant Application is filed with Resolution No. 3828. The City of Lubbock's Community Development Program is administered in accordance with the Housing and Community Development Act of 1974 as amended and with 24 CFR 570.303 ❑f the Community Development Block Grant Regulations. The Statement of Objectives has been prepared as stipulated in those regulations. A preliminary Statement of Objectives was published in the Avalanche Journal on February 16 and the Statement of Objectives has been on file with the City Secretary for review by all interested parties. February 27, 1992 Page 158 Following submission of the Statement of Objectives the Community Development staff will begin preparation of the Environmental Assessments and other planning activities so that the Community Development Fiscal Year will be able to start on June 1, 1992. Mayor McMinn then mentioned the assessment process as an alternative to funding paving projects funded by Community Development grant money. He expressed appreciation for citizen, Staff and CDAC input. Mayor Pro Tem Patterson suggested that the $10,000 recommended for the Chatman Hill Redevelopment Plan be approved. Councilwoman Trejo then commented on the paving of Avenue G between 2nd Place and 3rd Place, saying that due to an interlocal agreement with Lubbock County, the project can be done with $8,000 from Contingency Fund. According to Councilwoman Trejo, this will complete all paving in this area. Mayor Pro Tem Patterson raised the issue of money needed for the paving of Carlisle. Councilwoman Baker suggested that Council consider taking the $48,000 balance from the current $165,000 Contingency Fund balance. Councilman Maloy then reminded Council that with the addition of $60,000 budgeted this year, the balance will be $226,000 in the upcoming year and he suggested that Council authorize paving Urbana Place as of June 1; approve purchase of playground equipment for Rodgers Park; and complete the three recommended items which did not receive high priority by the CDAC. Motion was made by Councilman Maloy to authorize CDAC recommended allocations for $2,555,000 and also, to approve an additional $48,000 for the paving of Urbana Place from 19th Street to 26th Street, $31,900 for playground equipment in Rodgers Park, $8,000 for paving Avenue G from 2nd Place to 3rd Place (to be accomplished with an interlocal agreement with Lubbock County), and $10,000 for redevelopment of the Starlight Motel at 500 East 23rd Street. It was further stipulated that this additional funding be taken from the current $165,000 Contingency Fund Balance. Councilwoman Baker seconded the motion. Motion carried: 7 Yeas; 0 Nays. February 27, 1992 Page 159 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 5:49 p.m. Motion carried: 7 Yeas; 0 Nays. " � 'A C , Ilky `-.,,"* r -, B. C. McMintf, Mayor ATTEST: ;1,Jt-t-e',-IMoyd, City ec tary Read and approved this the 12th day of March, 1992. C' w . C. McMin , Mayor ATTEST: (4'aie Boy , City Se etary