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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/23/1992C ITV OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 23, 1992 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of July, 1992 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor David Langston, Mayor Pro Tern Maggie Trejo, Councilman T. J. Patterson, Councilman M. J. Aderton, Councilman Randy Neugebauer, Councilman Max Ince, Councilman Alex Cooke, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor Langston called the meeting to order at 10:00 A.M. ( 1.} ( 2.} 92-51B-601-388 ( 3.) The Invocation was given by Larry J. Cunningham, City Manager. The Pledge of Allegiance was given in unison by those in the Council Chambers. Charles Saunders will appear to discuss discriminatory law enforcement practices of the Lubbock Police Department and the conspiratorial cover-up by police command and administrative personnel in addressing citizen complaints of police misconduct. According to Staff memo, this request was precipitated by an automobile accident which Mr. Saunders had leaving a church function a few weeks ago. He was parked on the wrong side of the street and when leaving his parking space, a church bus made a turn and hit his vehicle. The people at the church were willing to settle the damages, but Mr. Saunders chose to call the police so that his insurance carrier would pay for the damages. Officer Gonzales initially ticketed both Mr. Saunders and the driver of the bus and when Mr. Saunders objected to this, the officer rescinded the decision to issue tickets to either party. However, the Police report states that both parties were contributing factors to the accident. Mr. Saunders received a letter from Municipal Court a few days later concerning the ticket and upon checking, found that the letter was sent in error. Mr. Saunders believes this was a conspiracy to discriminate against him because of his race. He also requested that the officer's report be changed to show that he had absolutely no fault, and the officer slightly modified the report. Mr. Saunders filed a complaint through Police Internal Affairs which is in the process of being reviewed and evaluated and Chief Bridgers is expected to rule on this next week; however, Mr. Saunders is unwilling to wait for a decision and is demanding that the police officer be reprimanded and that the incident report be changed to state that he had no fault. Ju1y 23, 1992 Page 602 92-51B-602-389 ( 4.) In discussing Mr. Saunders' request to be on the agenda, Staff explained to him that the specific incident and complaint against the police officer should not be discussed at a Council meeting because of the case pending before Chief Bridgers. Staff recommended that Mr. Saunders' testimony and comments be confined to complaints about the department and the subject matter on which he has requested to speak and not about Officer Gonzales. Charles Saunders appeared to discuss alleged discriminatory practices and conspiracy to cover up information within the Police Department. Mr. Saunders closed by asking that his grievance be addressed no later than August 1. Mayor Langston assured Mr. Saunders that the matter is under review. A representative of the Lubbock Cultural Affairs Council will appear to present the following recommendation; A. Consider recommendations for awarding of Arts Grants for the second and final grant period of 1991. Kay Brown appeared on behalf of the Lubbock Cultural Affairs Council to present recommendations for awarding of arts grants for the second and final grant period of 1991. According to Staff memo, on January 23, 1992, the City Council approved an agreement to pay the Cultural Affairs Council $136,772 for the encouragement, promotion, and improvement of all forms of art in the community. These monies represent $106,411 from the 1/2¢ hotel/motel tax collected during FY 90-91, plus $30,361 from unspent monies from previous years. The agreement provides that a review committee of the Cultural Affairs Council will receive and evaluate applications for grants and make recommendations to the City Council for awarding of these grants. On January 23, 1992, the Council approved recommendations for the Cultural Affairs Council for the awarding of $75,126 for the second half of 1991. The Council is now asked to consider the approval of $62,513 in grant awards for the first of two grant periods in 1992. The $62,513 in grant awards now recommended, plus the $75,126 in grants approved this past June, comes to a total of $137,639, $867 more than the $136,772 provided by the 1992 Agreement. However, the balance from previous years totals $30,663.13 and this amount plus the $136,772 awarded in the 1992 Agreement leaves a balance of $29,796.13. July 23, 1992 Page 603 Following is a listing of the recommendations of the Cultural Affairs Council Review Committee: Texas Tech University Cultural Events "The Mysteries" and "Whats So Funny" $1,000 Texas Tech University West Texas Regional Art Competition 5,200 Lubbock Christian University Fall Music Program 2,000 Texas Tech UC Programs Paul Rodriguez Comedy Concert 1,000 Texas Tech University "Frida: The Last Portrait" 592 Lubbock Fine Arts Center "Visual Vanguards" 5,000 Lubbock Symphony Orchestra Symphony for the Schools 5,000 4th US Cavalry Regiment 3rd Annual Nat'l Horse Cavalry Olympics 3,000 Lubbock Community Theatre "Big River" 5,000 West Texas Scottish Heritage Society Texas Highland Scottish Fair 600 Texas Tech University Activities Dance Theatre of Harlem 2,500 TTU Department of Art "Relativity: An Artist's Invitational" 3,500 Lubbock Community Theatre Acteen 5,000 Texas Tech University Theatre American College Theatre Festival Region VI 3,000 Ballet Lubbock Nutcracker Ballet 7,000 University Civic Chorale Family Christmas Concert 3,000 TTU College of Architecture Fall Speaker & Exhibition Series 2,821 Bilingual/Multicultural Resource Center Viva La Musica 2,300 Fiestas del Llano, Inc. 16 de Septiembre Fiestas Patrias 5,000 TOTAL $62,513 This past year, the Cultural Affairs Council provided workshops to those interested in submitting grant applications and as a result of increased outreach efforts, the grants received and approved represent greater ethnic diversity. July 23, 1992 Page 604 92-51B-604-39O ( 5.) The Cultural Affairs Council recommended this proposal be approved so that this program continues throughout 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Aderton to accept recommendations of the Lubbock Cultural Affairs Council for awarding of Arts Grants Program for the first of two grant periods in 1992. Motion carried: 7 Yeas; O Nays. A representative of Civic Lubbock, Inc. will appear to present the Civic Lubbock, Inc. 1992-1993 Budget. Mavis Miller, President of Civic Lubbock, Inc., appeared on behalf of the Civic Lubbock, Inc. Board to present the 1992-1993 Budget. According to Staff memo, the Agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. prepare and present to the City Council during the month of July of each year a budget for the upcoming year. This budget is presented for the information, input and direction from the City Council. The 1992-93 Civic Lubbock, Inc. budget shows combined revenues of $1,216,497 and direct expenses of $808,703. General operating expenses are estimated at $68,274 for a total expense of $876,977. Gross revenues are produced from ticket sales and concessions, and direct expenses include expenditures for concession operations, {i.e. employee pay, cost of goods, etc.) and for ticket sales/Select-A-Seat operations, (i.e. ticket seller pay, office space, telephone, etc.). General operating expenses include salary for one {l) accountant, liability insurance, office supplies, and other board expenses necessary for Civic Lubbock, Inc. operations. Combined revenues reflect an estimated 1% increase over the current year. Staff anticipated that the 6% increase in concessions revenues at Meadowbrook and the 3% increase at the Civic Center will be offset by decreases at both the Auditorium/Coliseum and Select-a-Seat. The decreases are attributed to the reduced seating capacity for concerts as a result of the recently approved reserved seating policy. Direct expenses reflect an 8% increase; an increase of 9% is anticipated in general operating expenses, and these increases are primarily due to overall personnel expenses. The amount estimated to be paid to the City is $160,340, an increase of 1.5%, and an additional amount of $8,928 will be paid to the Parks and Recreation Department. These figures include the Civic Center, Auditorium-Coliseum, and Meadowbrook Golf Course concessions operations and also $14,000 in capital expenditures. 92-51B-605-391 ( 6.) July 23, 1992 Page 605 The Booking budget provides for $80,989 for specific allocation for 19 events and an additional $25,000 in Booking Reserves for a total of $105,989 and includes allocations for two events not previously funded by Civic Lubbock, Inc. Some of the events include Walk of Fame, Holiday Happening, Community Christmas Party, Arts Festival, Fiestas, Lubbock Symphony, and Ballet Lubbock. The new events are: NCAA Volleyball/USA and Texas Tech Women's Basketball Run & Gun Club. Allocation for Art and Beautification is $7,125 and with an additional $7,500 Reserve comes to a total of $14,625. For the most part, expenditures in this budget are for maintenance of the plant tree and various planters located around and in the plaza of the Civic Center. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the sponsorships or co-sponsorships of educational and cultural programs, attractions and entertainment events. During the past three years alone the Booking budget has expended over $698,000 for the fostering and promotion of the presentation of events and activities for Lubbock and surrounding areas. Staff memo also noted that by combining all expenditures, including money paid to the City, local vendors and labor, Civic Lubbock, Inc. will have a direct impact of $1,292,576 on the local economy. A representative of the ADA Task Force will present the ADA Transition Plan. Mary Andrews, ADA Task Force Chair, stated that the Americans with Disabilities Act was enacted on July 26, 1990 and when the final regulations were printed in the Federal Register, the City organized a Task Force made up of 20 City employees from various departments to determine the impact on the City of Lubbock. According to Ms. Andrews, a requirement of the Act is to develop a Transition Plan by July 26, 1992 which has two purposes. The first is to determine the accessibility of City facilities for citizens with disabilities and to outline what changes are needed to bring the facilities into compliance. The second purpose is to determine a process which ensures compliance with curb ramp requirements for City intersections. Task Force members determined that 54 City facilities are frequented by the public and surveyed these buildings for compliance with ADA Accessibility Guidelines (ADAAG). It was decided that involvement in this process from persons with disabilities was needed to have a valid plan and to comply with the law and as a result, the Disability Advisory Board (DAB) was assembled. This group surveyed the eight most publicly used facilities and prioritized the renovations needed and this method will be used for the remaining facilities. July 23, 1992 Page 606 { 7.) 92-51B-606-392 { 8.) The DAB then surveyed curb ramps to determine the type to be used for construction and then prioritized the locations where these ramps should be installed. 1. The Transition Plan was submitted to the Council for information as to the impact of complying with the Americans With Disabilities Act and for implementation approval when funding sources become available. 2. A $35,000 capital project for installing curb ramps in the FY 92/93 Streets Department budget was proposed to Council. The Council will also review a $100,000 General Permanent Capital Maintenance Fund for facility renovations. 3. In order to comply with the Act, the Task Force is recommending that the City seek long-term financing through the issuance of General Obligation bonds of possibly $1 million to finance curb ramps throughout the City. This will need to be reviewed by the Citizens Advisory Board that examines the Capital Improvement Program. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to accept the ADA Transition Plan as recommended by Staff. Motion carried: 7 Yeas; O Nays. Motion was made by Councilman Patterson, seconded by Councilman Aderton to approve the Minutes of the July 9, 1992 Regular City Council meeting as written. Motion carried: 7 Yeas; O Nays. Consider Ordinance #9539 abandoning and closing a 30' Public Roadway Easement located in Section 1, Block D-6 (7311 4th Street). ORDINANCE #9539 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A PUBLIC ROAD LOCATED IN SECTION I, BLOCK D-6, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This 30' wide Public Roadway Easement is located south of 4th Street, 330' west of Upland Avenue, and runs southward from 4th Street 1,320'. This Easement which was dedicated in 1960 (Volume 828, Page 57, Lubbock County Deed Records) has never opened for public travel and Staff does not anticipate that it will. The proponent of this closure for platting purposes is Town and Country Mobile Estates. 92-518-607-393 ( 9.) July 23, 1992 Page 607 According to Staff memo, the $150 application fee has been paid and all utilities are in agreement. There is no money due the City on this closure since the proponent was the original grantor of the Easement. Staff recommended approval of this closure. Motion was made by Councilman Patterson, seconded by Councilman Aderton to pass on first reading Ordinance #9539 as recommended by Staff. Motion carried: 7 Yeas; O Nays. Consider Resolution #3929 accepting 17th Year Community Development sidewalk improvements in the Arnett Benson area constructed by Hub City Pavers (Project #3113-591607-000I). RESOLUTION #3929 A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into a contract with Hub City Pavers, for the making of sidewalk improvements in said City, including among others the following: Arnett Benson Sidewalk Improvements --17th year. WHEREAS, the construction of the above sidewalk improvements was performed under the supervision of the Community Development Administrator, and said improvements have been completed and have been inspected and found to have been constructed in accordance with the terms of said Contract, Project No. 3113-591607-0001; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the sidewalk improvements BE and the same are hereby accepted and the Community Development Administrator BE and is hereby authorized to direct the final payment to the Contractor in the amount of $1,783.79. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 23rd day of July, 1992. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR July 23, 1992 Page 608 92-51B-608-394 (10.) This is a routine acceptance of sidewalk improvements consisting of concrete sidewalk, curb and gutter, and driveway approaches. According to Staff memo, the total contract amount is $34,795 and the final construction cost was $35,675. This project overran the contract amount based on estimated quantities by $880 and no additional work was authorized. The final as-built quantities exceeded the estimated quantities causing the $880 overrun. Final payment of $1,783.79 is due the contractor with this acceptance. Staff recommended approval of this Resolution. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3929 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3930 authorizing acceptance of water and sewer improvements for Lots 1-38, King's Park Addition. RESOLUTION #3930 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 38, KING'S PARK ADDITION. WHEREAS, the developer of Lots 1 through 38, King's Park Addition has complied with the provisions of the City of Lubbock Code of Ordinances, Chapter 28, Article IV, by providing the water and sewer improvements for said Addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility costs to the developer are $96,595.13 with the improvements constructed by Craft Construction Company, having a value of $83,833.82 as determined by the unit prices established by said Chapter 28, and $12,761.31 cash paid to the City which includes $2,533.80 transferred funds for adjacent lines, with King's Row-Lubbock Development, Inc., the developer to receive a refund of $40,518.35 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $0, and July 23, 1992 Page 609 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $40,518.35 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0. SECTION 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 23rd day of July, 1992. ATTEST: /s/ Ranette Boyd Isl David R. Langston DAVID R. LANGSTON, MAYOR Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney According to Staff memo, this is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $96,595.13 including value of construction costs of $83,833.82 and $12,671.31 cash paid to the City of Lubbock {includes $2,533.80 transferred funds for adjacent lines). The developer Lubbock Development Inc., will receive a refund of $40,518.35 in accordance with Chapter 28 of the Code of the City of Lubbock; however, based on the original estimates there is no refund of the deposit. Staff recommended acceptance of these improvements. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3930 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. July 23, 1992 Page 610 92-51B-610-395 (11.) 92-51B-610-396 (12.) 92-51B-610-397 (13.) 92-51B-610-398 (14.) BID #12075--High voltage cable (Central Warehouse}. Temple, Inc.--10,000' cable, 15KV, 1/0. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #12101--Mosguito control insecticide (Health Department). Estes, lnc.--900 gl. ULV concentrate insecticide for mosquito control. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. BIO #11991--Fire hose (Fire Department). Machine Tool Components, Inc.--4,000' 5" supply line fire hose; 5,000' 1-3/4" attack line fire hose. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. BID #12057--4-0 Multibar-cable (Central Warehouse). Cummins Supply, Amarillo--550 ea. 4/0 Multibar URO connector; 12,000' cable, two 350 MCM phase conductor and one 4/0 neutral conductor in 2-1/2" plastic pipe. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. July 23, 1992 Page 611 92-51B-611-399 (15.) BID #12084--Home Security Program (Community Development). RESOLUTION #3931 BE IT RESOLVED BV 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 Subcontractor Agreement for a Home Security Program Services, 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 23rd day of July, 1992. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Svlvia A. Martinez Sylvia A. Martinez-Flores Community Services Supervisor APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Isl David R. Langston DAVID R. LANGSTON, MAYOR CITY OF LUBBOCK -COMMUNITY SERVICES DEPARTMENT HOME SECURITY PROGRAM -SUBCONTRACTOR AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made and entered into this 23rd day of July, 1992, is by and between the CITY OF LUBBOCK-COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as CITY, and of -=-==-=-==-----' Texas, her-e1.,-· n-a-=f,,...te_r_r-ef""""'e_r_r-ed..,......,t-o-as ___ _ SUBCONTRACTOR. SECTION 1. CONTRACT PERFORMANCE. A. SUBCONTRACTOR will, in a satisfactory manner as determined by the CITY, provide turnkey installation of exterior doors and all items required in such installation. Installation of these products shall be in accordance with the manufacturer's instructions. B. SUBCONTRACTOR agrees to install the approximate quantity of 100 residential units, although actual quantities may be more or less. C. SUBCONTRACTOR agrees to furnish materials, labor, transportation, and expenses necessary in the performance of this Agreement, and is responsible for any damages or injuries that occur as a direct result of services being performed. July 23, 1992 Page 612 D. SUBCONTRACTOR and CITY agree that all work will be awarded and performed by the issuance of a work order. Both parties will sign the work order, thereby agreeing to what work will be required. Such work orders shall be made part of this Agreement as if fully set out herein. E. SUBCONTRACTOR guarantees that all work will be completed in the required time and in sequence as agreed upon between CITY and SUBCONTRACTOR. F. SUBCONTRACTOR guarantees all workmanship performed on completed units will be to industry standards. Completed units will be inspected by CITY before payment can be made. Any work that is determined to be unsatisfactory by CITY must be reworked within seven (7) days at the SUBCONTRACTOR'S expense. Payment will not be made until the work performed has been completed to the satisfaction of the CITY. G. SUBCONTRACTOR hereby agrees to accept total responsibility for payment to vendors, employees and/or subcontractors with whom he has made arrangements. Such arrangements will not be the responsibility of the CITY. H. SUBCONTRACTOR shall maintain the confidentiality of all records and information as required by the CITY. SECTION II. CITY OBLIGATIONS. A. B. Method of Payment. The CITY agrees to make payment thirty {30) days after all invoices are submitted and final inspection is performed. Such final inspections shall be evidenced by written certification of satisfactory completion by the CITY and certification of workmanlike completion by SUBCONTRACTOR. Amount of Payment. Payment will be made in the amount stated on the work order executed pursuant to the accepted bid submitted to the CITY. SECTION Ill. TERMINATION. A. This Agreement may be terminated by either party upon giving thirty (30) days written notice to the other party. July 23, 1992 Page 613 SECTION IV. CONTRACT PERIOD. The period for performance of this Agreement shall commence on , 19 and terminate on -------------, 19==. IN WITNESS THEREOF, the parties to this Agreement have executed this Agreement on _____________ , 19 __ CITY OF LUBBOCK, TEXAS: SUBCONTRACTOR: BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR BY: TIT..,....L=-E---------- ADDRESS -------- ATTEST: ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary Secretary APPROVED AS TO CONTENT: /s/ Sylvia A. Martinez-Flores Sylvia A. Martinez-Flores Community Services Supervisor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney NOTE: CIRCLE DRIVE CONTRACTOR DID NOT MEET INSURANCE REQUIREMENTS BID WAS REJECTED AND AGREEMENT NEVER SIGNED. 92-518-613-400 (16.} Circle Drive Contractor--50 ea. 32"X80"Xl-3/4" pre-hung door unit with hardware and installation; 50 ea. 36 11 X80 11 Xl-3/4 11 pre-hung door unit w/hardware and installation. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. ORDINANCE #9540--Zone Case #1893-P {west of Frankford and south of 3rd Street)--Hold a Public Hearing to consider request of David Goyette {for Texas Commerce Bank) for zoning change from GO to A-1 on Tract D, Shadow Hills Addition. ORDINANCE #9540 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-P; A ZONING CHANGE FROM GO TO A-1 ZONING ON TRACT D, SHADOW HILLS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette appeared on behalf of Texas Commerce Bank to present this request for zone change. Mayor Langston opened the public hearing at 11:10 a.m. James Weimer and Ramiro C. Martinez spoke in opposition to this request. July 23, 1992 Page 614 Randy Henson, Senior Planner, stated that in 1975 the original zone case for Shadow Hills was processed under the planned unit development concept presently in the Specific Use Section of the Code. The background of planned unit developments is based on the theory that a single developer of a large area of land, in this case one square mile, can be allowed more flexibility in the location and density of both residential and commercial development since the actions affect only or primarily the land of the owner and do not spill over into adjacent separately owned projects. Shadow Hills was developed with a golf course as common open space. The land consumed by the common open space is usually recouped on a net basis by having higher density apartments and smaller individual residential lots. According to Staff memo, in 1979, the 1975 Master Plan for Shadow Hills was revised slightly by a zone change; the bulk of the subdivision remains zoned as the 1979 Amendment, noting two important points: The first was that the land north of 3rd Street, west of Frankford, east of the alley behind the club house and south of the alley parallel to 2nd Street is zoned A-1 (Apartment District) with a density requirement of one unit per 1,800 square feet of land. The enclave of residential that has been platted and developed as free standing single-family residences is an R-1 use in an A-1 zone. The A-1 District allows all permitted uses in the R-1 and R-2 Districts. In 1984, rather than amend the A-1 zoning, the developer requested a variance for the area noted above through the Zoning Board of Adjustment that allowed the current style of development, described in that case as smaller houses on smaller lots and the details were: 1) A minimum lot of 4,000 square feet (versus 5,000 square feet normally); 2) A minimum lot width of 40' (versus none now); 3) A minimum front 15' setback (garage at 20') (versus 25' standard setback in R-1). This action did not change the A-1 zoning in the area. The second point was that in 1985, the area was re-zoned from A-1 to Garden Office (GO) in the original surge of zone cases to the then new zoning district. Briefly stated, the proponent is asking to return to the 1975-86 zoning status of A-1. The adjacent land use to the north is residential, to the south is commercial, to the east is single family, and to the west is commercial and residential. The request conforms to the current Comprehensive Land Use Plan which was modeled in conformance to the original zoning. The response forms indicate a normal response from single-family owners when apartment zoning is requested. Staff recommended consideration of a condition for site plan review prior to issuance of a building permit with special attention to the development along 3rd Street for the benefit of land owners north of 3rd Street and to consider sending notice of the site plan review to those along 3rd Street. The agent for the proponent indicated that the developer would agree to the site plan requirement only if considered necessary by the Planning and Zoning Commission. 92-51B-615-401 (17.) July 23, 1992 Page 615 Frankford is a designated thoroughfare and the proposal should have no long-term serious effects on traffic in the vicinity. Current residents are used to a low traffic count because of a lack of development in the area. The Planning and Zoning Commission recommended approval of this request subject to the following condition: 1. That a site plan, including building elevations showing materials, color, and texture be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. Notice will be sent to the residents north of 3rd Street that are in the 200' notice area. With the recommended condition of site plan review, the Staff supported the recommendation of the Planning and Zoning Commission. Mayor Langston closed the hearing at 11:26 a.m. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to pass on first reading Ordinance #9540 with condition recommended by P&Z and City Staff. Motion carried: 4 Yeas; 2 Nays--Mayor Langston and Councilman Ince; 1 Recused--Councilman Cooke. ORDINANCE #9541--Zone Case #2689 (southeast corner of 19th and Ouitsna Avenue or 9401 19th Street}-- Hold a Public Hearing to consider request of Melvin L. Hover (for Errol E. McRill) for zoning change from R-1 to C-4 on a tract out of the west one-half of the northwest quarter of Section 6, Block 0-6. ORDINANCE #9541 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 ANO THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2689; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON A TRACT OUT OF THE WEST 1/2 OF THE NORTHWEST QUARTER OF SECTION 6, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:29 a.m. Steve Gillium appeared on behalf of Errol E. McRill to present this request for zone change. No one appeared in opposition. Mayor Langston closed the hearing at 11:30 a.m. Ju1y 23, 1992 Page 616 Randy Henson, Senior Planner, stated that this case is submitted consistent with a large number of cases outside the Loop on 19th Street. The adjacent land use to the north is vacant with assorted uses; to the south trailer park, it is vacant with a trailer park; to the east it is vacant with some residential; and to the west it is commercial and residential. The request is consistent with the Comprehensive Land Use Plan and zoning policy, and the property is subject to platting requirements prior to building permits. The request should have no substantial impact on traffic in the vicinity. Subject to the two conditions the request was recommended by the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. That the C-4 uses be limited to: a. Uses unconditionally permitted in the C-4 zoning district except: (1) Automobile Body Shops; {2) Billboards; {3) Commercial Private Clubs and Teenage Clubs; (4) Dancehall; (5) Feed Store; (6) Used Furniture Store; (7) Gameroom (except as an incidental use in a restaurant), Pool Billiard and/or Domino Parlor; (8} Motorcycle Shop; (9} Public Kennel; (10) Second-hand Goods Stores or Pawn Shop; (11) Used Car Lot; and (12) Nightclubs. 2. That a Site Plan, including building elevations showing materials, color, and texture be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. With the conditions recommended, Staff supported the P&Z recommendation. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9541 with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. July 23, 1992 Page 617 92-518-617-402 (17A.) Consider Resolution #3932 authorizing the Mayor to sign the Contract with Farm Progress Company. RESOLUTION #3932 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Farm Progress Companies, Inc., 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 23rd day of July, 1992. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney AGREEMENT /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT (the "Agreement"} made this 23rd day of July, 1992 . between the CITY OF LUBBOCK, a municipal corporation organized under the laws of Texas and having its principal offices at 1625 13th Street, Lubbock, Texas 79401 (the "City") and FARM PROGRESS COMPANIES, INC., a corporation organized under the laws of Illinois and having its principal offices at 191 South Gary Avenue, Carol Stream, Illinois 60188 ("Farm Progress"). WHEREAS, the City is the owner of approximately 800 acres of land described in Exhibit A attached hereto (the 11 Site 11 ); and WHEREAS, Farm Progress is the owner of Texas Farmer-Stockman magazine (the "Magazine"}; and WHEREAS, Farm Progress desires to conduct on the Site an annual farm and stock show sponsored by the Magazine (the 11 Show"); and WHER.EAS, the City has agreed that Farm Progress may use the Site for the Show, on the terms and conditions set forth herein. July 23, 1992 Page 618 NOW, THEREFORE, the parties agree as follows: 1. Term. The term of this Agreement shall begin on August 1, 1992 and expire on December 31, 2002 {the 11 Term 11 ), subject to prior termination as provided in paragraph 11. 2. Use of the Site. The City hereby grants to Farm Progress a license for the exclusive use of the Site for the Show during a three- day period each year in mid-October beginning in 1993 {the 11 Show Oates 11 } and otherwise as required by Farm Progress in connection with the preparation for and activities relating to each Show. The City will provide Farm Progress with ready access at all times to the Site for such purposes. 3. Show Dates. The Show Oates for the first Show will be October 12, 13 and 14, 1993. The are as follows: Show Oates for each subsequent Show 1994 -October 11, 12, 13 1999 -October 12, 13, 14 1995 -October 10, 11, 12 2000 -October 10, 11, 12 1996 -October 8, 9, 10 2001 -October 9, 10, 11 1997 -October 7, 8, 9 2002 -October 8, 9, 10 1998 -October 13, 14, 15 4. Fee. As full consideration for use of the Site, Farm Progress will pay the City a fee of $1.00 per acre of land on the Site, or $800.00 (the "Fee"} per Show. The Fee for the 1993 Show will be paid at least 30 days prior to the Show Date and the Fee for any subsequent Show will be paid at least 30 days prior to each Show Date. 5. Preparation of the Site. Farm Progress and the City will make improvements to the Site prior to the 1993 Show as described in this paragraph 5. (a} Farm Progress will lay out the Site to provide for visitor parking, exhibitor parking, an exhibit field, seed demonstration plots and field demonstration areas, consisting of approximately the following number of acres: 80 acres . . . . . Visitor Parking Area 20 -25 acres . . . . Exhibitor Parking Area 60 -70 acres . . . . Exhibit Field 15 -25 acres Seed Demonstration Plots 500 -600 acres Field Demonstration Areas {b) Farm Progress will make the following improvements on the Site: (i} seeding of the Exhibit Field with a perennial grass; (ii} installation of a gravel, caliche or dirt road at Farm Progress; election, leading from public roads to the Exhibit Field as well as roads within the Exhibit Field; and (iii} installation of telephones and an underground electrical system for use by exhibitors on the Exhibit Field. (c) The City will supply and make readily accessible to Farm Progress and its contractors caliche required to construct and/or install the Exhibit Field and roads described in subparagraph (b) above. The City will also provide to Farm Progress, through the Lubbock Power and light Company up to 32 KVA transformers for installation as part of the underground electrical system and any necessary replacements thereto. (d} The City will provide for potable drinking water on the Site sufficient for Show visitors. July 23, 1992 Page 619 6. Farming of Field; Demonstration; Grass and Seed Demonstration Plots. (a) The City will be responsible for carrying out all farming operations on the Field Demonstration Areas, including land preparation, planting and cultivating crops such as cotton, corn, soybeans and grain sorghum according to the acreage requirements designated by Farm Progress, irrigation, and shall be responsible for the repair and maintenance of such acreage. The City will provide the services of the Farm Manager of the City of Lubbock (the "Farm Manager") to carry out such responsibilities, and the City and Farm Manager will inform Farm Progress of farm operations on the Field Demonstration Areas on a regular basis. Since timing of the field work and maturity of the crops is important in order for field demonstrations to be conducted at the Show, the Farm Manager will give priority to those objectives. Farm Progress will attempt to harvest as much of the crops as possible before and during the Show, subject to crop maturity and weather. The City will be responsible for any harvest not completed by the end of the Show and will be entitled to retain the crops and all proceeds from the sale of the crops. (b) Farm Progress will plant and cultivate all seed variety and herbicide plots for the Seed Demonstration Plots. The City will harvest the plots after the Show and will be entitled to retain the crops and any proceeds from their sales. Farm Progress may require a tractor and planter or drill from the Farm Manager to seed the plot area. (c) By March 1st of each year, Farm Progress will submit to the City a proposed water plan for crop needs in the Field Demonstration Areas and the Seed Demonstration Plots. Minimum and maximum amounts of water for such acreage will be determined by mutual agreement. 7. The Show. (a) Farm Progress will have the sole and exclusive right to operate and manage the Show to determine the Show program, Show activities and exhibitor qualifications and to charge and retain any fees to visitors and other persons in connection with the Show. (b) Farm Progress will have the sole and exclusive right to promote the Show, including, to the extent desired by Farm Progress, printing advertisements in the Magazine. The City may not give Show exhibitors, suppliers of merchandise or structures for the Show or any other person (including representatives of the City) any privileges of display or demonstration, such as posting signs, handing out literature or promoting products, prior to or during any Show without the approval of Farm Progress. {c) The name of the Show, any trademarks used in connection with the Show and the Show itself shall be owned solely by Farm Progress. 8. Equipment, Improvements and Maintenance. Farm Progress shall have the right to keep, use and store equipment on the Site, to improve the Site in connection with the Show, and to change the layout of the Site. Any permanent structure either party desires to be erected on the Site shall be subject to the prior mutual approval of Farm Progress and the City. All improvements installed or erected by the City shall be maintained by the City. Without limiting the foregoing, the City expressly agrees that it will maintain during the entire term in good condition the center pivot irrigation systems present on the Site on the date hereon as well as the drinking water system. Farm Progress agrees to perform all maintenance on the Site that is not otherwise the responsibility of the City. Upon the expiration or termination of this Agreement, Farm Progress shall have the right at its expense to remove any or all equipment, buildings and other improvements which Farm Progress owns or has provided. Any equipment or improvements not removed shall be deemed abandoned by Farm Progress. July 23, 1992 Page 620 9. Insurance. Each party will maintain during the Term comprehensive all-risk property insurance or self-insurance covering its own personal property, fixtures, equipment and improvements on the Site. Farm Progress will maintain during the Term general liability insurance, with both parties as named insureds, in an amount not less than two million dollars per occurrence for property damage, bodily injury and product liability, covering all the activities of Farm Progress in holding the Show. Each party will deliver certificates of insurance or certificate of self-insurance to the other party evidencing the insurance coverage obtained by such party. 10. Representatives and Warranties; Indemnification. (a) The City hereby represents, warrants and covenants to Farm Progress that: (i} The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Texas, and the City shall do whatever is necessary to maintain such status; (ii) This Agreement is the legal, valid and binding obligation of the City, enforceable in accordance with its terms; (iii) The City is the sole and exclusive owner of the Site, which Site is not subject to any condition or encumbrance which conflicts with this Agreement or which would interfere with the holding of the Show; (iv) The City has full power and authority to enter into and perform this Agreement and to grant the rights granted herein and shall do whatever may be necessary to enable it to perform its obligations hereunder and grant such rights during the entire Term; (v) The City has not entered into any agreement or understanding with any third party or permitted any act or occurrence which conflicts with this Agreement or which would interfere with the holding of the Show; (vi) Any right to use the Site granted by the City to any third party will be subject and subordinate to the rights granted to Farm Progress hereunder and will not interfere with the use of the Site for the Show; (vii) The use of the Site for the Show does not violate any zoning or other laws and regulations; (viii) The City will not sell or transfer the Site prior to the expiration or termination of this Agreement without the prior written consent of Farm Progress and, should Farm Progress consent to any such sale, the deed to the purchaser shall recite the existence of this Ag~eement and require the purchaser to take title subject to the rights of Farm Progress granted herein; and (ix) No action, suit, claim, investigation or proceeding is pendingt or to the best of the City's knowledge, threatened against the City which would prevent the City from performing its obligations pursuant to this Agreement or which would interfere with the holding of the Show. July 23, 1992 Page 621 (b) Farm Progress hereby represents, warrants and covenants to the City that: (i) Farm Progress is a corporation duly organized, validly existing and in good standing under the laws of the State of Illinois, and it shall do whatever is necessary to maintain such status; (ii} This Agreement is the legal, valid and binding obligation of Farm Progress, enforceable in accordance with its terms; and (iii) No action, suit, claim, investigation or proceeding is pending, or to the best of Farm Progress' knowledge, threatened against Farm Progress which would prevent Farm Progress from performing its obligations pursuant to this Agreement or which would interfere with the holding of the Show. (c) The representations and warranties set forth herein shall survive the termination or expiration of this Agreement for any reason and shall be true and correct as of the date of this Agreement and thereafter with respect to each Show. (d) Each party agrees to indemnify and hold harmless the other party for any loss, damage, expense, claim or charge, including attorney's fees, arising out of or relating to any breach or alleged breach of the representations, warranties, covenants and agreements made hereunder by such indemnifying party. 11. Termination. If at any time after the 1993 Show, Farm Progress decides that the prospects for the Show are not favorable, it may terminate this Agreement by giving written notice thereof to the City, provided, however, that notice of termination of this Agreement with respect to any Show must be given on or prior to the preceding November 15th. 12. Non-Competition. Each party agrees that during the Term thereof and for one year after the termination or expiration hereof for any reason, it will not, without the prior written consent of the other party, sponsor or participate in any manner in, or enter into any agreement or lease (including with respect to the City a lease or license of any part of the Site; with any third party for the purpose of sponsoring or participating in any manner in an agricultural event or farm or stock show in the City of Lubbock which is similar to the Show or which would compete with or interfere with the Show. This provision shall not be construed to apply to the South Plains Fair conducted annually in Lubbock. 13. Relationship. Neither party is authorized to bind the other party except as specifically permitted herein. Nothing herein shall be construed to mean that the parties are joint venturers, partners or employer-employee. 14. Governing Law. This Agreement shall be governed by and construed solely in accordance with the laws of the State of Texas. 15. Assignment. Farm Progress shall have the right to assign this Agreement to any parent, subsidiary or affiliate of Farm Progress or to any purchaser or transferee of the Magazine or of a majority of the stock or substantially all of the assets of Farm Progress. The City may not assign this Agreement without the prior written consent of Farm Progress. This Agreement shall be binding on the respective successors and permitted assigns of the parties. July 23, 1992 Page 622 16. Notices. Any notice required to be given hereunder shall be in writing and sent by U.S. mail, courier service, facsimile or hand delivered and shall be deemed given on the earlier of actual receipt or five days after deposit in the U.S. mails. Any such notice shall be addressed as follows {or as either party shall have previously notified the other party in accordance with this paragraph): If to the City, to: David R. Langston, Mayor City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Attention: ------------ with a copy to: Carroll McDonald, Assistant City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Attention: If to Farm Progress, to: Farm Progress Companies 191 South Gary Avenue Carol Stream, IL 60188 Attention: Thomas Budd, Vice President, Publisher with a copy to: Capital Cities/ABC, Inc. 77 West 66th Street New York, NY 10023 Attention: Catherine A. Bostron, Esq. Legal Department 17. Recording of Agreement. At the option of Farm Progress, this Agreement, or a short form hereof, may be recorded in the office of the County Clerk, Lubbock County, Texas. July 23, 1992 Page 623 18. Miscellaneous. This Agreement and Exhibit A attached hereto constitute the entire agreement and understanding of the parties and supersede all prior agreements and understandings between them, whether written or oral, with respect to the subject matter hereof. This Agreement may not be amended except in writing signed by the party to be charged. In the event any provision of this Agreement is held to be illegal or unenforceable, it shall not affect any other provisions hereof and, if possible, such illegal or unenforceable provision shall be deemed re-written to the extent necessary to make it legal and enforceable. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date and year first written above. THE CITY OF LUBBOCK: /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Carroll McDonald Carroll McDonald, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney FARM PROGRESS COMPANIES, INC. /s/ Allan R. Johnson ALLAN R. JOHNSON, PRESIDENT EXHIBIT A DESCRIPTION OF SITE Plot No. 9 -South Hall; Plot No. 15 -Delwin Jones; Plot No. 25 -North Anderson; Plot No. 17 -South Anderson; Plot No. 14 -5 Tower (Boles); and Plot No. 35 -Boles Border Ground, as described on the map dated See Below and recorded in Book __ , Page __ in the office of the County Clerk, Lubbock County, Texas. 9 15 15 25 - 17 14 - 35 -Volume 2986 Page 272 Date 12/12/88 -Volume 2853 Page 43 Date 07/07/88 -Volume 2837 Page 129 Date 07/07/88 Volume 3378 Page 301 Date 06/29/90 Volume 2318 Page 73 Date 09/30/86 Motion was made by Councilman Cooke, seconded by Councilman Ince to authorize Resolution #3932 as recommended by Staff. Motion carried: 7 Yeas; O Nays. July 23, 1992 Page 624 92-518-624-403 (18.) Consider Resolution #3933 amending City Council Order of Business. Rules and Procedures to address conducting City Council Meetings at locations other than the Municipal Building. RESOLUTION #3933 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to amend the City Council Order of Business, Rules and Procedures as set forth in Volume 1, Policy and Procedures Manual, with regard to the time and place of City Council meetings and work sessions; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Subparagraph III(A)(l) of the City Council Order of Business, Rules and Procedures contained in Volume l, Policy and Procedures Manual, is hereby amended to read as follows: I. Regular Council Meeting --The City Council shall meet twice each month in the City Council Chamber, Municipal Building on the second and fourth Thursdays at 10:00 a.m. or at such other times and places as shall be selected by the City Council by motion or consensus. City Council meetings are open to the public in accordance with the Texas Open Meetings Act, Vernon's Ann.Civ.St., Art. 6252-17, the Open Meetings Act requires any deliberation between a quorum of members of a governmental body to be conducted at a meeting open to the public pursuant to a 72 hour previous posting of the agenda of the meeting. The only exception is for a gathering at social functions at which no public business is discussed. SECTION 2. THAT Subparagraph III(A)(l)(a) of the City Council Order of Business, Rules and Procedures contained in Volume 1, Policy and Procedures Manual, is hereby amended to read as follows: (a) Work Sessions --Work session meetings of the City Council shall commence at 8:30 a.m. twice each month immediately preceding the regular meeting of the City Council except that when the City Council has by motion or consensus changed the time and place of a regular City Council meeting, the work session shall begin one and a half hours prior to the start of the regular meeting. Any agenda items which Council members may have any concerns about are discussed. Although no Council action may be taken, work sessions afford Council members the opportunity to voice concerns, obtain information, and question the propriety of any agenda item. Work sessions are open to the public. SECTION 3. THAT Paragraph 1, City Council Terms and Definitions, City Council Order of Business, Rules and Procedures contained in Volume 1, Policy and Procedures Manual, is hereby amended to read as follows: 1. Regular Council Meeting --These are the regular twice · monthly City Council meetings held on the second and fourth Thursdays of each month. SECTION 4. THAT Paragraph 2, City Council Terms and Definitions, City Council Order of Business, Rules and Procedures contained in Volume 1, Policy and Procedures Manual, is hereby amended to read as follows: 2. Work Sessions --Work sessions are normally held prior to regular City council meetings. No Council action may be taken, but it does afford Council members the opportunity to voice concerns, obtain information, and arrive at a consensus on City business. July 23, 1992 Page 625 SECTION 5. THAT all Resolutions heretofore passed by the City Council that may be in conflict with the terms of this Resolution are hereby rescinded as to the extent of any such conflict. SECTION 6. THAT the City Manager, or his designee, shall incorporate these amendments into the City Council Order of Business, Rules and Procedures of Volume 1, Policy and Procedure Manual of the City of Lubbock. Passed by the City Council on this 23rd day of July, 1992. ATTEST: Isl Ranette Boyd Isl David R. Langston DAVID R. LANGSTON, MAYOR Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Anna Mosqueda Anna Mosqueda, Assistant to the City Manager APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This Resolution is necessary to provide Council the flexibility to set City Council meetings at locations other than the Municipal Building Council Chambers. At the July 9, 1992 City Council meeting, this resolution was entered into the record and approval of the resolution at this meeting will authorize the amendment to be incorporated into the Council Order . of Business Rules and Procedures. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to authorize Resolution #3933 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. July 23, 1992 Page 626 92-51B-626-404 (19.) Consider Resolution #3934 amending City Council Order of Business. Rules and Procedures which addresses changing Council vote on Boards and Commissions appointed by vote of Council from unanimous to a majority vote. RESOLUTION #3934 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to amend the City Council Order of Business, Rules and Procedures as set forth in Volume 1 of the above referenced Rules and Procedures, to provide for a majority vote of the City Council in appointing citizens to City Boards and Commissions. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT paragraph 12 of "City Council Terms and Definitions" adopted by Resolution No. 2529 of the City Council of the City of Lubbock and located in Volume 1, page 1-23 of the "Order of Business, Rules and Procedures Manual" of the City Council is hereby amended to read as follows: (12) Unanimous Vote - A unanimous vote occurs when all of the Council in attendance vote in the affirmative or negative on an issue. SECTION 2. THAT subparagraph Ill(A)(6) of the City Council Order of Business, Rules and Procedures contained in Volume 1 of said Rules and Procedures, is hereby amended to read as follows: (6) Unanimous Vote - A unanimous vote occurs when all of the Council in attendance vote in the affirmative or negative on an issue. July 23, 1992 Page 627 SECTION 3. THAT subparagraph III(B)(ll)(a) of the City Council Order of Business, Rules and Procedures contained in Volume 1 of said Rules and Procedures is hereby amended to read as follows: (a) Board Appointments -Councilmembers should be prepared to set forth names of those individuals willing and able to serve on a board, committee or commission. These appointments require a majority vote of the Council and nothing in these Rules and Procedures shall ever be construed as requiring more than a majority vote for such appointments unless required by State law. It should be noted that some specific boards and commissions are created by State law and may have special requirements. The Council may create other committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter or Code of the City. Any committees, boards, or commissions created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. Passed by the City Council this 23rd day of July, 1992. ATTEST: /s/ Ranette Boyd /s/ David R. Langston DAVID R. LANGSTON, MAYOR Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Assistant to the City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney At its June 25 Council meeting, the Council heard recommendations by an ad hoc committee appointed by the Mayor comprised of representatives from the Committee for Women, Community Services Commission, League of Women Voters, and community volunteers, regarding the appointment process for advisory boards and commissions. This resolution will change the following sections in Volume I of the City Council Order of Business, Rules and Procedures to allow unanimous vote of Council for advisory board appointments: 1. Paragraph 12, page 1-23 of City Council terms and definitions. 2. Subparagraph III(A){6). 3. Subparagraph IIl(B)(ll)(a). July 23, 1992 Page 628 92-518-628-405 {20.) This resolution was entered into the record at the July 9 Council meeting, and will now be approved to authorize the amendment to be incorporated into the Council Order of Business, Rules and Procedures. Motion was made by Mayor Pro Tern Trejo, seconded by Councilman Patterson to authorize Resolution #3934. Motion was made by Councilman Ince, seconded by Councilman Cooke to amend Resolution #3934 allowing a consensus vote. Motion failed: 3 Yeas; 4 Nays-- Councilman Patterson, Councilman Aderton, Mayor Langston and Mayor Pro Tern Trejo. Mayor Langston stated that allowing a consensus vote for board appointments is contrary to the results of a survey of other cities. RFP #11986--Computer Hardware Maintenance (Information Services). At the July 9, 1992 City Council meeting, Council was presented with Staff recommendations for the award of computer maintenance bids. According to Staff memo, this particular bid was handled through the "high technology purchases'' statute and is an evaluated bid rather than a competitive sealed bid. The committee charged with the responsibility of evaluating these proposals found the responses from IBM and DEC to be more responsive than that of RSI on both the emergency services and municipal business systems. Although the total costs bid by RSI were lower on both systems than those of the recommended vendors, an evaluation of other elements of the proposals found the IBM and DEC responses to be preferable. With regard to the municipal business system maintenance, the recommended vendor is able to maintain all of the equipment (RSI is unable to do so), is able to guarantee a more rapid response time, demonstrated greater and more relevant references, and demonstrated the ability of staff members assigned to the project to appropriately handle the Contract. While RSI did bid on all pieces of equipment associated with the emergency services system, the same general assessment holds true for the relative position of the recommended vendor and RSI with regard to all other aspects of the emergency services system. Staff recommended that Council uphold the review committee's findings and that the contracts be awarded to IBM and DEC. Motion was made by Councilman Neugebauer, seconded by Mayor Pro Tern Trejo to authorize bid meeting specifications as recommended by the review committee. Motion carried: 7 Yeas; 0 Nays. 92-51B-629-406 (21.) 92-51B-629-407 (22.) 92-51B-629-408 (23.) July 23, 1992 Page 629 Hold an Executive Session to discuss personnel matters regarding duties. responsibilities, and/or appointments to: Canadian River Municipal Water Authority Lubbock Industrial Development Corporation Airport Board Lubbock Civic Centers Board Community Services Commission MHMR Board of Trustees MHMR Public Responsibility Committee Keep Lubbock Beautiful Advisory Board Community Development Advisory Board Human Relations Commission Building Board of Appeals Citizens Traffic Commission Electric Utility Board Permit and License Appeal Board Public Transit Advisory Board Municipal Garden and Arts Center Advisory Board Stormwater Advisory Committee Boards and Commission Advisory Board Consider one appointment to the Canadian River Municipal Water Authority. The term of George C. Wilson will expire July 31, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the Canadian River Municipal Water Authority. Motion carried: 6 Yeas; O Nays. Consider four appointments to the Lubbock Industrial Development Corporation. The terms of Alan Henry. Moises Perez, George Scott. Jr .• and David Seim will expire July 24, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the Lubbock Industrial Development Corporation. Motion carried: 6 Yeas; 0 Nays. July 23, 1992 Page 630 92-518-630-409 {24.) 92-51B-630-410 (25.) 92-51B-630-411 {26.) 92-518-630-412 (27.} 92-518-630:.413 {28.) Consider five appointments to the Airport Board. The terms of O.V. Scott, Jr., James Schiermeyer, E. Jack Brown, Joe R. Horkey. and Or. Hazel Taylor will expire August 11, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to reappoint O.V. Scott, Jr. and appoint Jeanne Knapp, Beverly McBeath, Randy Andrews, and D.C. Fair, Jr. to the Airport Board. Motion carried: 5 Yeas; O Nays--Councilman Cooke and Councilman Aderton absent from the Chambers. Consider five appointments to the Lubbock Civic Centers Board. The terms of Rodney Cates~ Earlene Garland, Ernest F. Barton. A. E. Gene Quest, and Debbie Tubb will expire August 1, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to reappoint Rodney Cates, Debbie Tubb, and Ernest Barton and to appoint Dorothy Phea and Mike Davis to the Civic Centers Board. Motion carried: 5 Yeas; 0 Nays--Councilman Cooke and Councilman Aderton absent from the Chambers. Consider nine appointments to the Community Services Commission. The terms of Brenda Gipson, Maggie Trejo, Charles Planks, Eileen Tinney, Joe Montelongo. Betty Mora, Doris Fletcher, Darrell Vines, and Dorris W. Tilson will expire August 31, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to reappoint Doris Fletcher, Brenda Gipson, Betty Mora, Dorris Tilson, and Eileen Tinney and to appoint Yolanda Larez, Lee Manning, David Sowell, and Bud Aderton to the Community Services Commission. Motion carried: 6 Yeas; 0 Nays--Councilman Aderton absent from the Chambers. Consider three appointments to the MHMR Board of Trustees. The terms of Jan R. Rigsby, Jim Kimmel, and Brian Shannon will expire August 31, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the MHMR Board of Trustees. Motion carried: 6 Yeas; O Nays--Councilman Aderton absent from the Chambers. Consider two appointments to the MHMR Public Responsibility Committee. The terms of Louise Cummins and Jim Bertram will expire August 31, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the MHMR Public Responsibility Committee. Motion carried: 6 Yeas; 0 Nays--Councilman Aderton absent from the Chambers. 92-518-631-414 (29.) 92-518-631-415 (30.) 92-SlB-631-416 (31.) 92-518-631-417 (32.) I· 92-51B-631-418 (33.) July 23, 1992 Page 631 Consider seven appointments to the Keep Lubbock Beautiful Advisory Board. The terms of Denny Graham, Nancy Badley, Art Hollingsworth, Melanie Barnes, Matt Malouf. Martha Edwards, and Janet Atyia expired April 12, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the Keep Lubbock Beautiful Advisory Board. Motion carried: 6 Yeas; 0 Nays--Councilman Aderton absent from the Chambers. Consider nine appointments to the Community Development Advisory Committee. The terms of Paul Nash, Jose Montelongo, Russ Wilkinson, Larry Gardner, Vonda Sommerville, Roosevelt Carroll, Betty Carr, Robert D. Snell, and Dorothy Dailey Furr expired May 31, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to reappoint Dorothy Dailey Furr and Paul Nash and to appoint Abraham Spires, Rev. Larry Brooks, Jaime Garcia, Betsy Jones, Jayne Field, Kathey Porter, and Jim Webb to the Community Development Advisory Committee. Motion carried: 6 Yeas; O Nays--Councilman Aderton absent from the Chambers. Consider seven appointments to the Human Relations Commission. The terms of John Cervantez, Nellie Gomez, Beatrice Narvaiz, Betty Wheeler, and Earl Elliott expired May 25. 1992. Dale Bradley and Lalo Quirino resigned. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the Human Relations Commission. Motion carried: 6 Yeas; O Nays--Councilman Aderton absent from the Chambers. Consider four appointments to the Building Board of Appeals. The terms of Roger Thornley, Edward Lampe, Tom Ferguson, and Victor Hernandez expired June 1. 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to appoint Stan Angelley, Zelda Cuevas, Larry Moore, and Tom Renfroe to the Building Board of Appeals. Motion carried: 6 Yeas; O Nays--Councilman Aderton absent from the Chambers. Consider three appointments to the Citizens Traffic Commission. The terms of Dennis Dillon, Mark McDougal, and Mike Johnson will expired July 13, 1992. July 23, 1992 Page 632 92-51B-632-419 (34.) 92-51B-632-420 (35.) 92-51B-632-421 (36.} 92-51B-632-422 (37.) 92-51B-632-423 {38.) Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to reappoint Dennis Dillon and Mark McDougal and to appoint Frances Ansley to the Citizens Traffic Commission. Motion carried: 6 Yeas; O Nays--Councilman Aderton absent from the Chambers. Consider four appointments to the Electric Utilities Board. The terms of Greg C. Jones. R.J. Givens, Jr., Adam Lara, and O.P. Harlan, Jr. expired June 30. 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to reappoint Adam Lara and Greg C. Jones and to appoint Dr. Heenan Johnson, Jr. and Marta Rosas to the Electric Utilities Board. Motion carried: 6 Yeas; O Nays--Councilman Aderton absent from the Chambers. Consider two appointments to the Permit and License Appeal Board. The terms of Dorothy Phea and Chuck Key expired April 27, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the Permit and License Appeal Board. Motion carried: 6 Yeas; 0 Nays--Councilman Aderton absent from the Chambers. Consider two appointments to the Public Transit Advisory Board. The terms of Trudy Putteet and Gary Bellair expired June 24, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the Public Transit Advisory Board. Motion carried: 6 Yeas; 0 Nays--Councilman Aderton absent from the Chambers. Consider nine appointments to the Municipal Garden and Arts Center Advisory Board. The terms of Louise Cummins. Vivian Cooke, Amy Rodriguez, Danny Mclarty. Nan O'Conner, Alice Gomez, Roxie Eppler, Eric Strong, and Eileen Gibbs expired May 24, 1992. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the Municipal Garden and Arts Center Advisory Board. Motion carried: 6 Yeas; O Nays--Councilman Aderton absent from the Chambers. Consider fifteen appointments to the Stormwater Advisory Committee. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson hold appointments to the Stormwater Advisory Committee. Motion carried: 6 Yeas; 0 Nays--Councilman Aderton absent from the Chambers. 92-SlB-633-424 (39.) July 23, 1992 Page 633 Consider fifteen appointments to the Boards and Commissions Advisory Board. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to appoint David Baccum, Celia Davis, Ginalu Hamilton, Ann Hutchison, Dr. Damon Hill, Marci Johnston, Regina Johnston, Jewel Love, Steve McIntyre, Owen Mcwhorter, Jr., David Nelson, Robin Adams Parks, Raymond Peppers, Julie Ramonez, Ruth Schiermeyer to the Boards and Commissions Advisory Board. Motion carried: 6 Yeas; 0 Nays--Councilman Aderton absent from the Chambers. There being no further business to co by Councilman Patterson, seconded by meeting at 1:32 p.m. Motion carried: Aderton absent from the Chambers. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary Read and approved this the 13th day ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary