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Home My WebLink AboutMinutes - City Council - Regular - 12/10/1992CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 10, 1992 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of December, 1992 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor Pro Tem Maggie Trejo, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Randy Neugebauer, Councilmember Max Ince, Councilmember Alex Cooke, City Attorney John C. Ross, Jr., First Assistant City Attorney Don Vandiver, Assistant City Manager for Public Safety and Services Rita Harmon and Acting City Secretary Sally Still Abbe. Absent: Mayor David Langston and Acting City Manager Bob Cass. Mayor Pro Tem Trejo called the meeting to order at 10:05 A.M. ( 1.) The Invocation was given by Councilmember Randy Neugebauer. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments ( ( 4.) Motion was made by Councilmember Patterson, seconded I by Councilmember Cooke to approve the minutes of the I.r November 19, 1992 Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. 92-51B-981-675 ( 5.) Consider Resolution #4028 authorizing the Mayor to execute an amendment to a Land Use Permit Agreement with Midwest Electric Cooperative, Inc. (Lake Alan Henry). RESOLUTION #4028 WHEREAS, under Resolution No. 3539 of the City of Lubbock passed on February 14, 1991, the City Council of the City of Lubbock granted to Midwest Electric Cooperative, Inc., a Texas Cooperative Corporate Public Utility Company (as Permittee) an Electric Power Lines Land Use Permit Agreement to lay, construct, repair, maintain, or remove, and use underground and overhead power lines, poles, guy wires, transformers, and all other related electrical power lines, fixtures, substations and equipment in, upon, over, under, along and across certain real estate as therein described which real estate is owned by the City of Lubbock; and WHEREAS, said Midwest Electric Cooperative, Inc. has requested that said Permit Agreement be extended and amended by adding two (2) additional tracts of real estate owned by the City of Lubbock to be made a part of the operation and terms of said Permit Agreement as hereinafter described; and December 10, 1992 Page 982 WHEREAS, the City Council of the City of Lubbock finds and determines that it would be in the public interest to grant such request; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the grant of the aforesaid Permit Agreement is hereby extended and amended to include within its operations and terms, two (2) new additional tracts of land known and described as the Southeast Quarter of Section 106 and the Southwest Quarter of Section 95, both in Block 5, H.&G.N. RR. Co. Survey, Garza County, Texas. SECTION 2. THAT Midwest Electric Cooperative, Inc. agrees that the placing and locating of its facilities, as aforesaid, within any part of each said two (2) new additional tracts described in Section 1, hereof, shall operate as an acceptance of this extension and amendment to said Permit Agreement, and the operation and terms of said Permit Agreement shall apply to the two (2) new additional tracts owned by the City of Lubbock after such acceptance. Passed by the City Council this the loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim Assistant City Attorney According to staff memo, on February 14, 1991, the City Council approved an Electric Power Lines Land Use Permit Agreement with Midwest Electric of Roby, Texas, to provide electrical service across several sections of land along the north side of Lake Alan Henry for the construction of the dam. Midwest is now ready to service the public access area and needs to cross two additional quarter sections of land. This amendment to the original permit will allow the addition of the two quarter sections. The original license was for ten years, and there is no fee since they are serving City property. Staff recommended the issuance of this amendment, since it is necessary to provide electric service to the public access area at Lake Alan Henry. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4028 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 983 92-51B-983-676 ( 6.) Consider Ordinance #9564 abandoning and closing a 20' alley located in Block 14, O'Neall Terrace Annex (2705 Avenue 0). ORDINANCE #9564 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 14, O'NEALL TERRACE ANNEX, A RESUBDIVISION OF BLOCKS 30, 32 AND 33 AND THE SOUTH HALF OF BLOCKS 25 AND 31, MCCRUMMENS SECOND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER 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. According to staff memo, this ordinance closes a 20' X 220' portion of the east -west alley just east of Avenue Q between 27th Street and 28th Street south of the Park Tower Apartments. The proponent of this closure is Steve Hurt and the purpose for the closure is parking enclosures. The area being closed will remain as a utility easement, and a new north -south alley will be dedicated from the existing alley southward to 28th Street. The alley area which will remain an easement and the new north -south alley more than offset the cost of this area being closed; therefore, the landowners will not be charged. Staff recommended the approval of this closure. All utilities are in agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9564 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-983-677 ( 7.) Consider Ordinance #9565 abandoning and closing a portion of 21st Street and an alley in the McCrummen's Second Addition (2102 Avenue T). ORDINANCE #9565 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 21ST STREET, ADJACENT TO BLOCK 7, McCRUMMEN'S SECOND ADDITION, AND A 20 FOOT ALLEY IN BLOCK 11, McCRUMMEN'S SECOND ADDITION TO THE CITY OF LUBBOCK, 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. According to staff memo, the portion of 21st Street between Avenue T and Avenue U and the east -west alley between 21st Street and 22nd Street were requested closed by the Lubbock Independent School District for land access purposes and crossing safety reasons. The area being closed of the 50' wide street is 15,539 sq.ft.; the area being closed of the 20' wide alley is 6,100 sq.ft. A value of 35t per square foot was taken from comparable properties from the Central Appraisal District and applied to the street and alley areas being closed. December 10, 1992 Page 984 Therefore, the value the City is to receive for the street is 15,539 sq.ft. X 35¢ _ $5,438.65 X 40% _ $2,175.46. Sixty percent was deducted because the street area being closed is to remain a drainage and utility easement. The value the City is to receive for the alley being closed is 6,100 sq.ft. X 35¢ _ $2,135 X 50% _ $1,067.50. Fifty percent was deducted because the alley area being closed is to remain as a utility easement. Total due to the City for these areas being closed is $3,242.96. Staff recommended the closure of the street and alley areas. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9565 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. *011:0'1-11W1.111-1 ( 8.) Consider Resolution #4029 authorizing the acceptance of water and sewer improvements for Lots 59-88, Prairie Point East Addition. RESOLUTION #4029 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 59-88, PRAIRIE POINT EAST ADDITION. WHEREAS, the developer of Lots 59-88, Prairie Point East Addition has complied with the provision 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 cost to the developer is $33,612.44 with the improvements constructed by Craft Construction having a value of $26,632.88 as determined by the unit prices established by said Chapter 28, and $7,039.86 cash paid to the City which includes $5,839.67 cash and $1,200.19 transferred funds for adjacent line, with R. W. Sessums, the developer, to receive a refund of $11,916.95 in accordance• with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $-0-, and 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 $11,916.95 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $-0-. December 10, 1992 Page 985 SECTION 4. THIS Resolution shall take effect and be in force from and after its passage. Passed by the City Council this loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy Senior Utilities Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, 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 $33,612.44 including value of construction costs of $26,632.88 and $7,039.86 cash paid to the City of Lubbock. The developer, R.W. Sessums, will receive a refund of $11,916.95 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4029 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-985-679 ( 9.) Consider Resolution #4030 authorizing acceptance of water and sewer improvements for Lots 1-19 and Tracts A-G. Crown Pointe Addition. RESOLUTION #4030 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1-19 AND TRACTS A-G, CROWN POINTE ADDITION. WHEREAS, the developer of Lots 1-19 and Tracts A-G, Crown Pointe Addition has complied with the provision 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 cost to the developer is $44,635.31 with the improvements constructed by Craft Construction having a value of $25,977.20 as determined by the unit prices established by said Chapter 28, and $18,658.11 cash paid to the City which includes $9,579.61 cash and $8,482.04 transferred funds for adjacent line, with 1st National Bank, the developer, to receive a refund of $-0- in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $-0-, and December 10, 1992 Page 986 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 $-0- be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $-0-. SECTION 4. THIS Resolution shall take effect and be in force from and after its passage. Passed by the City Council this loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy Senior Utilities Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim 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 $44,635.31 including value of construction costs of $25,977.20 and $18,658.11 cash paid to the City of Lubbock. The developer, First National Bank, will receive no refund in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4030 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 987 92-51B-987-680 (10.) BID #12286--Watt hour meter test system (Electric Distribution). Knopp, Inc., Emeryville, CA Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-987-681 (11.) BID #12301--Annual contract for tree trimming and removal (Electric Distribution). Asplundh Tree Expert Co., Mansfield --Hourly charge for 2-man crew, truck w/hydraulic chipper, dumpbed, power saw, and brush chipper. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-987-682 (12.) BID #12291--Rehabilitation of Pump Station #10 building and storage tanks, and authorize same (Water Utilities). RESOLUTION #4031 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 Brown -McKee, Inc. for rehabilitation of Pump Station #10 building and storage tanks located at 82nd Street and Memphis Avenue, Lubbock, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Acting Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney December 10, 1992 Page 988 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of December, 1992 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Brown -McKee, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12291--Rehabilitation of Pump Station #10 Building & Storage Tanks Project in the amount of $115,652.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Ranette Boyd Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy ATTEST: /s/ Deborah S. Chance Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Brown -McKee, Inc. CONTRACTOR By: /s/ Mike P. Oles TITLE: President COMPLETE ADDRESS: Brown -McKee, Inc. P.O. Box 3279 Lubbock, Texas 79452-3279 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4031 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 989 92-51B-989-683 (13.) BID #12275--Aerial lift bodies (Fleet Services). Commercial Body Corporation, Arlington --I ea. 55' Telescopic Aerial Spec 741. Drake Scruggs, Broken Arrow, OK--1 ea. 36' Aerial Lift Spec 702. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-989-684 (14.) BID #12285--Voltage motor controllers (Water Department). Brandon & Clark--1 ea. Med. voltage motor controllers 250 HP; 1 ea. Med. voltage motor controllers 500HP. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-989-685 (15.) BID #12303--Portable air compressor (Streets Department). Air Rental & Supply, Inc., Odessa --I ea. Portable air compressor, 78 HP. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 990 92-51B-990-686 (16.) Consider Resolution #4032 authorizing the Mayor to execute an agreement between the City of Lubbock and McLane Company, Inc. for tax abatement. RESOLUTION #4032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock, Texas and McLane Company, Inc. and subsidiaries McLane/Foodservice Lubbock, 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 loth day of December, 1992. ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Relations APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR This Agreement made this 17th day of December, 1992, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and McLane Company, Inc. and subsidiaries McLane Foodservice Lubbock, Inc. (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the 18th day of December, 1992 an application for tax abatement for expansion and modernization of Company's plant and facilities located within Tract 6, Planters Industrial Park Addition to the City of Lubbock; and WHEREAS, upon review of the above application it was determined that no reinvestment zone was currently in existence covering the above described property; and WHEREAS, the Guidelines and Criteria for Tax Abatement applicable to taxing units within Lubbock County was heretofore adopted by Resolution No. 3518 of the City Council of the City of Lubbock; and December 10, 1992 Page 991 WHEREAS, Section VII(2)(m) authorized application both as an application to create application for tax abatement; and the City to treat Company's a reinvestment zone and an WHEREAS, the City did comply with all the requirements set forth in V.T.C.A., Tax Code, Section 312.201; and WHEREAS, the City did comply with all of the criteria and guidelines for creation of a reinvestment zone as set forth in Section V of the Guidelines and Criteria governing Tax Abatement within the taxing units of Lubbock County, said guidelines having been adopted by Resolution No. 3518 of the City on January 10, 1991; and WHEREAS, the City did thereafter pass Ordinance No. 9563 creating a reinvestment zone for commercial and industrial tax abatement, said zone being created to cover all of the real property within Tract 6, Planters Industrial Park Addition to the City of Lubbock; and WHEREAS, the application received by City from Company is an application for the expansion and modernization of Company's existing plant; and WHEREAS, V.A.T.C., Tax Code, Sec. 312.002 specifically states that such a purpose is to be included in the guidelines for tax abatement and to be eligible for such treatment; and WHEREAS, Section IV of the Guidelines and Criteria for Tax Abatement adopted by the City Council by Resolution No. 3518 does recognize modernization and expansion as being eligible for tax abatement status; and WHEREAS, the City Council does hereby find that all of the Guidelines and Criteria established for Tax Abatement within the City of Lubbock, as adopted by Resolution No. 3518, have been met by Company; and WHEREAS, Company does intend to expand and modernize its existing plant by constructing three new additions to said existing plant and other improvements; and WHEREAS, the location of the additions to the existing plant and surrounding real property, which are to be the subject matter of this Agreement, are attached hereto as Exhibit "A" and made a part of this Agreement for all purposes; and WHEREAS, the City Council finds that entering into this Agreement to abate taxes on the property described in Exhibit "A" will create new jobs within the City and enhance economic development with the entire community; NOW THEREFORE, for and in consideration of the premises and of the mutual terms, covenants and conditions herein contained the City and Company do hereby agree as follows: SECTION 1. Term. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution and shall expire and be of no further force and effect after said date. SECTION 2. Base Year. The base year applicable to real property, which is the subject of this Agreement, shall be 1992 and the assessed value of the real property shall be the assessed value applicable to such property for said year. SECTION 3. Base Year Taxes. The taxes upon the real property shall be paid in accordance with the assessed value of such property for the base year. Base year taxes upon the real property are thus not abated. December 10, 1992 Page 992 SECTION 4. Abatement of Increase in Base Year Tax. In accordance with V.A.T.C., Tax Code, Section 312.204 real property taxes applicable to the real property subject to this Agreement shall be abated only to the extent said value for any given year within the term of this Agreement exceeds the base year taxes hereinabove set forth. SECTION 5. Property Ineligible for Tax Abatement. The property described and set forth in Section IV(5) of the Guidelines and Criteria for Tax Abatement within the jurisdictions of the taxing units of Lubbock County and heretofore adopted by the City Council by Resolution No. 3518 is incorporated by reference herein as if fully set out in this Agreement and fully describes the property ineligible for tax abatement. SECTION 6. Exemption from Tax. The City covenants and agrees to exempt from taxation the following properties: (a) All the real property located in and proposed improvements to be placed upon Tract 6, Planters Industrial Park Addition to the City of Lubbock, which proposed improvements are set forth in a plat of the above tract of land, attached hereto as Exhibit "A" and made a part hereof, and outlined in red; save and except the real property and existing improvements, which are crossed marked, which real property and prior improvements are the subject of a previous tax abatement agreement. (b) All eligible tangible personal property placed in or upon the property set forth in Exhibit "A" (save and except that part of said tract not included within this Agreement as mentioned in subparagraph (a) above). (c) It is further understood that all items affixed to the improvements placed upon the real property identified in Exhibit "A" such as racking systems, mezzanines and dock levelers shall be considered part of the real property improvement and taxes thereon shall be abated in accordance with the provisions of subparagraph (a) above set forth. SECTION 7. Economic Qualification. It is hereby found by the City that Company will expend funds in excess of the funds necessary to qualify for tax abatement by expanding an existing facility and further, that the Company will create new jobs in excess of the percentage required for tax abatement, all as set forth in Section IV(9)(b) of the Guidelines and Criteria for Tax Abatement adopted by the City through Resolution No. 3518. SECTION 8. Value of Improvements. Company intends to expend approximately 4.5 million dollars in building related structural improvements to be located within the reinvestment zone created by Ordinance No. 9563. However, such improvements will only be constructed in the area marked new improvements set forth in Exhibit "A" attached hereto and made a part hereof. SECTION 9. Creation of New Jobs. Company agrees within eighteen (18) months from the date of execution of this Agreement that it will create one hundred thirty (130) to one hundred fifty (150) new jobs within the Company plant located within Tract 6, Planters Industrial Park Addition to the City of Lubbock and use its best efforts to maintain a minimum of one hundred thirty (130) new jobs during the term of this Agreement. SECTION 10. City Access to Property. Company covenants and agrees that City shall have access to the property, which is the subject matter of this Agreement, during normal business hours and that municipal employees shall be able to inspect the property to insure that the improvements are being made in accordance with the terms and conditions of Company's application for tax abatement and this Agreement. December 10, 1992 Page 993 SECTION 11. Portion of Tax Abated. City agrees, during the term of this Agreement, to abate one hundred percent of taxes on eligible property. SECTION 12. Commencement Date. This Agreement shall commence upon the date of its execution, which date is hereinafter set forth, and shall expire ten (10) years after such date. SECTION 13. Type of Improvements. The Company proposes to add three new additions to its plant and other improvements to be constructed in accordance with this Agreement to expand and modernize its existing warehouse and food distribution business carried on as described in Exhibit "A". The Company further states that the proposed improvements to the property above mentioned shall commence on the 17th day of December, 1992, and shall be completed within approximately 365 days from said date. The Company may request an extension of the above date from City in the event circumstances beyond the control of Company necessitates additional time for completion of such improvements and such consent shall not unreasonably be withheld. SECTION 14. Drawings of Improvements. Company shall furnish City with one set of as built plans and drawings of the improvements to be made pursuant to the terms of this Agreement. SECTION 15. Limitation on Use. Company agrees to limit the use of the property set forth in Exhibit "A" to commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock and to limit the uses of the property to uses consistent with the general purpose of encouraging development of the zone during the term of this agreement. SECTION 16. Recapture. The Company agrees to be bound by and comply with all the terms and provisions for recapture of abated taxes in the event of default by Company as set forth in Exhibit "B", attached hereto and made a part hereof for all purposes. SECTION 17. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses: CITY OF LUBBOCK City Manager P.O. Box 2000 Lubbock, Texas 79457 McLANE COMPANY, INC. and subsidiaries McLANE FOOD - SERVICE LUBBOCK, INC. P.O. Box 5550 Lubbock, Texas 79403 December 10, 1992 Page 994 SECTION 18. Effective Date. Notwithstanding anything contained herein to the contrary, this Agreement shall not be effective until such time as Ordinance No. 9563 creating the reinvestment zone shall be finally passed and approved and both City and company agree that the document shall only be executed after the above condition has taken place. EXECUTED this 17th day of December, 1992. McLANE/FOODSERVICE LUBBOCK, INC. A Texas Corporation /s/ J. Hardin Jr. President ATTEST: /s/ Christy Prock Secretary CITY OF LUBBOCK A Municipal Corporation /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Acting City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Relations APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of Exhibits are filed with Resolution No. 4032. According to staff memo, the approval of this resolution authorizes the Mayor to enter into a tax abatement agreement with McLane Food Service on behalf of the City. The main provisions of the agreement are: 1. The term of the agreement is for ten years and provides for tax abatement on the building expansion of McLane Food Service facilities located at East Loop 289 and East 19th Street. The company intends to add approximately $4.5 million dollars in building -related structural improvements. 2. The company agrees that within eighteen (18) months from the date of execution of the agreement that it will create 130 to 150 new jobs within the company plant located on East 19th Street. 3. The City and other taxing entities have agreed during the term of the abatement to abate 100% of the taxes on the eligible property which is the building expansion. Taxes on inventory are not subject to abatement. The company agrees to be bound by and comply with the terms and provisions for recapture of abated taxes in the event it does not meet the conditions set forth in the agreement. December 10, 1992 Page 995 The Lubbock County Commissioners Court, the Lubbock Independent School District Board of Trustees, and the High Plains Underground Water District Board have approved this contract and agreed to be bound by its terms. In addition, the City Council has previously given notice of its intent to enter into this tax abatement agreement with McLane Company. Staff recommended approval of the agreement with McLane Food Service. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4032 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-995-687 (25.) Consider Resolution #4033 authorizing the Right -Of - Way Department to make an offer to Adolph Hanslik for a ten foot water line easement located in Section 17, Block D-5, Lubbock County, Texas (northwest of Shallowater). RESOLUTION #4033 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs and welfare demand and create a public necessity for the acquisition of additional land for public purposes and municipal purposes, to -wit: a water line easement, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of an easement in, upon, over, under, along and across land as needed for such purposes as L' aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT an easement in, upon, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: BEGINNING at a point 20 feet West and a distance of 1622.00 feet North of the Southeast corner of Section 17, Block D-5, Lubbock, Lubbock County, Texas; THENCE South parallel to the East line of Section 17, a distance of 1272.00 feet; THENCE West a distance of 10.00 feet; THENCE North a distance of 1272.00 feet; THENCE East a distance of 10.00 feet to the PLACE OF BEGINNING. December 10, 1992 Page 996 SECTION 2. THAT the owner of said tract, being ADOLPH HANSLIK, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $250.00, which is the amount appraised as the value and total damages for the acquisition of an easement in, upon, over, under, along and across said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire an easement in, upon, over, under, along and across said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this loth day of December, 1992. Ls/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney The City presently has a fresh water line which runs southward from the water pump reservoir northwest of Shallowater along Highway 84 to Reese Air Force Base. This line is old and exposed in many places and needs to be replaced. This 10' X 1,272' easement is needed for the new line and will be located just west of the existing County road in Sections 17 and 20, Block D-5. The City of Lubbock originally owned this tract of land and sold it to Mr. Hanslik for the initial offering price of $250 due to easement and crop damage. Staff recommended offering Mr. Hanslik $250 for this 10' wide water line easement. Motion was made by Councilmember Ince, seconded by Councilmember Aderton to authorize Resolution #4033 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 997 92-51B-997-688 (26.) water line easement and a twenty foot working easement located in Section 20, Block D-5, Lubbock County, Texas (northwest of Shallowater). RESOLUTION #4034 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs and welfare demand and create a public necessity for the acquisition of additional land for public purposes and municipal purposes, to -wit: a water line easement, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of an easement in, upon, over, under, along and across land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT an easement in, upon, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: BEGINNING at a point 20 feet West of the Northeast corner of Section 20, Block D-5, Lubbock, Lubbock County, Texas; THENCE South parallel to the East line of Section 20, a distance of 2640.00 feet; THENCE West a distance of 10.00 feet; THENCE North a distance of 2640.00 feet; THENCE East a distance of 10.00 feet to the PLACE OF BEGINNING. December 10, 1992 Page 998 SECTION 2. THAT the owners of said tract, being JAY HARDY STANTON, and his wife, PATRICIA STANTON, and JEWELL STANTON, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,800.00, which is the amount appraised as the value and total damages for the acquisition of an easement in, upon, over, under, along and across said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire an easement in, upon, over, under, along and across said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney According to staff memo, this is an additional water line easement needed for the water line to Reese Air Force Base. The old line is located in the County road which crosses a fork of the Brazos River. Due to its shallow depth at this location, it exposes the existing line which is usually 9-10 feet below the level of the road. Originally, easements were to be obtained for every parcel of ground crossed by the new line, but the Right -Of -Way Department was able to obtain a road crossing permit from the County covers all but about 1-1/2 miles of this new line. The permanent easement needed from the Stantons is 10' X 2,640' and is located just to the west of the existing county road in Section 20, Block D-5. The working easement is to be 20' in width and located immediately west of the permanent easement. The initial offer to the Stantons was $500 for the permanent easement only and crop damages. After negotiation, the Stantons gave a final permanent and working easement offering price to the City of $1,800. Staff recommended approval of this offer to the Stantons since it is only one of three easements needed for this eight mile pipeline. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution #4034 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 999 92-51B-999-689 (27.) RESOLUTION #4035 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 Sales Contract with GTE SOUTHWEST INCORPORATED for the purchase of Lots 4, 5, 6 and 7, Block 4, Original Town Addition to the City of Lubbock, attached herewith, and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § SALES CONTRACT COUNTY OF LUBBOCK § THIS SALES CONTRACT (the "Contract") is made and entered into in duplicate originals by and between GTE SOUTHWEST INCORPORATED, formerly known as General Telephone Company of the Southwest, a Delaware Corporation, Attention, Hal R. Kirk, TXD1952A, 500 East Carpenter Freeway, P.O. Box 152013, Irving, Texas 75015-2013, hereinafter called "Seller" and the City of Lubbock, whose address is, P.O. Box 2000, Lubbock, Texas 79457, hereinafter called "Purchaser". WITNESSETH 1. Upon the terms and subject to the conditions hereinafter set forth, Seller agrees to sell and convey and Purchaser agrees to purchase the following described real estate (the "Property") to wit: All of Lots four, five, six and seven (4, 5, 6 & 7) in Block Four (4), of the original Town of Lubbock, Lubbock County, Texas and all improvements thereon, including the tower, and building, as they now exist. December 10, 1992 Page 1000 The agreed consideration for the Property is the sum of Sixty Four Thousand Six Hundred and no/100 Dollars ($64,600.00), of which Purchaser will place in escrow with GTE SOUTHWEST INCORPORATED the sum of Six Thousand Four Hundred Sixty and no/100 Dollars ($6,460.00), as escrow deposit on this transaction, and the balance of the consideration to be paid in cash upon delivery of the Special Warranty Deed. 2. This Contract is subject to approval by Seller's Board of Directors and Purchaser's City Council. Purchaser's escrow deposit will be mailed to Seller immediately after the Lubbock's City Council's approval. 3. It is agreed that taxes for the current year shall be prorated between the parties as of the date of closing the transaction. 4. Purchaser is buying the Property "AS IS" and "WHERE IS", and Seller makes no representation or warranties of any kind, whether express or implied, as to the suitability or condition of the Property or to any matter including Purchaser's intended use. Purchaser shall rely on its own investigations and studies relating to the Property. 5. This Contract constitutes the entire agreement between the parties hereto and cannot be amended or varied without the express written agreement of the parties hereto. IN TESTIMONY WHEREOF, the parties have hereto caused these presents to be executed this 4th day of December, 1992. ATTEST: /s/ William H. Ballard William H. Ballard Assistant Secretary SELLER: GTE SOUTHWEST INCORPORATED By:/s/ Michael B. Esstman Michael B. Esstman President PURCHASER: CITY OF LUBBOCK By:/s/ David R. Langston David R. Langston, Mayor ATTEST: /s/ Sally Still Abbe Sally Still Abbe Acting City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney December 10, 1992 Page 1001 THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for said Dallas County, Texas, on this day personally appeared MICHAEL B. ESSTMAN, PRESIDENT, of GTE SOUTHWEST INCORPORATED, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledge to me that the same was the act of the said GTE SOUTHWEST INCORPORATED, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 4th day of December, A.D. 1992. /s/ Donna L. Russell Notary Public in and for Dallas County, Texas Commission Expires 09/17/94 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said Dallas County, Texas, on this day personally appeared DAVID R. LANGSTON, MAYOR, of the CITY OF LUBBOCK, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledge to me that the same was the act of the said CITY OF LUBBOCK, and that he executed the same as the act of such CITY OF LUBBOCK for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the loth day of December, A.D. 1992. /s/ Olivia R. Solis Notary Public in and for Dallas County, Texas Commission Expires 11/30/93 According to staff memo, lots 4, 5, 6, and 7, Block 4, Original Town Addition, are owned by G.T.E. (General Telephone) and consist of a microwave tower, brick building, and related facilities. G.T.E. has accepted a tentative offer of $64,600, pending Council approval. This land and facilities can be utilized by the Communications Department for expansion. This purchase is consistent with the engineering study advising the City on its proposed communication system upgrade. The funds for this purchase are available in the General Permanent Capital Maintenance Fund Telephone System Reserve. The Lubbock County Appraisal District valued this property at $64,558, and G.T.E. accepted the offer of $64,600. On Monday, November 16, 1992, the Board of Directors of G.T.E. Southwest approved the sale of this property and signed their portion of the Contract of Sale. Upon execution, staff will be able to close on the property within 30 days. December 10, 1992 Page 1002 Staff recommended the approval of this acquisition for $64,600. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4035 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-1002-690 (28.) Consider Resolution #4036 authorizing the Mayor to execute Grant Agreement 3-48-0138-13 with the Federal Aviation Administration for improvements at Lubbock International Airport. RESOLUTION #4036 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 Grant Agreement with the United States of America, Department of Transportation, Federal Aviation Administration, for construction of emergency access roads and acquisition of a ramp sweeper (Project No. 03-48-0138-13), attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting 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 A copy of the Grant Agreement is filed with Resolution No. 4036. According to staff memo, this grant is for the construction of emergency access roads, a terminal apron access road, and the acquisition of a ramp sweeper. The access roads are identified in the Airport Master Plan for development to enhance safety in airfield ground operations by separating ground service vehicle traffic from aircraft movement areas and establishing an all-weather network of emergency access roads inside the airfield for emergency response, security patrols, and airfield maintenance operations. This project will cost $1,596,992 and was included in the approved 92-93 Airport Capital Project Budget. December 10, 1992 Page 1003 The ramp sweeper will provide an enhancement to aircraft ground operations to remove debris from aircraft movement areas. This is particularly critical on the ramp areas where strapping, suitcase parts, bolts, etc., are deposited during aircraft loading and unloading. In addition, the sweeper will include several attachments for snow sweeping and plowing that will enable better snow clearing of the close -in areas near the aircraft and terminal. This project will cost $135,000, and the acquisition was included in the approved 92-93 Airport Capital Project Budget. The total cost for both projects will be $1,731,992. The bids on the above items have been received and will be included on the December 17 agenda for awarding. The local match requirement will be paid out of Passenger Facility Charge funds. The Airport Board unanimously recommended this to the City Council for approval in their August 19, 1992 Airport Board meeting. Staff recommended approval. Motion was made by Councilmember Aderton, seconded by Councilmember Cooke to authorize Resolution #4036 as recommended by the Airport Board and Staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-1003-691 (29.) Consider Resolution #4037 authorizing the Mayor to execute a contract with South Plains Association of Governments and the Texas Department of Aging for the Senior Citizen Services Program. RESOLUTION #4037 WHEREAS, the Senior Citizen Services Program conducted by the Parks and Recreation Department of the City of Lubbock provides the community's senior citizens with nutritious noon meals, as well as recreational, educational, social and cultural opportunities year around; and WHEREAS, this Program has largely been funded since 1978 by the South Plains Association of Governments (SPAG) which, under Title III of the Older Americans Act, 42 U.S.C.S. §§3021 et. seq., receives federal and state funds through the Texas Department on Aging for redistribution to local organizations and agencies that provide programs for senior citizens; and WHEREAS, SPAG has indicated that it is pleased with the Senior Citizen Services Program and has encouraged the Parks and Recreation Department to continue providing such services to senior citizens who are age 60 or older; and WHEREAS, the City Council hereby determines that obtaining federal and state funding through SPAG to continue the City's Senior Citizen Services Program is in the best interest of all citizens of the City of Lubbock; NOW THEREFORE: December 10, 1992 Page 1004 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 and submit to the South Plains Association of Governments grant applications and related documents for matching funds available under Title III of the Older Americans Act, 42 U.S.C.S. §§ 3021 et. seq., and necessary to continue the Senior Citizen Services Program, copies of which executed documents shall be filed in the office of the City Secretary of the City of Lubbock. Passed by the City Council this loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 4037. Assistant City Manager Rita Harmon presented the staff comments. She told the Council that the grant will allow the continuation of several City of Lubbock senior citizen programs, most notably the Senior Nutrition Program. According to staff memo, the City of Lubbock has participated in the Senior Citizen Services Program since 1978. The program is available through the South Plains Association of Governments which allocates federal funds available under Title III of the Older Americans Act. Since 1978, this request has given each respective Mayor the authority to sign and approve documents dealing with the City of Lubbock Senior Citizens Program. Historically, each proposal or amended contract submitted by S.P.A.G. needs to be executed for their approval. These documents deal with a congregate meal program (400 meals daily), advocacy service, transportation, and physical fitness (senior jamboree). More than 2,500 senior adults will use some type of service offered through these programs. The projected amounts of funding are as follows: congregate meals-$109,128, advocacy service-$9,113, transportation-$10,699, and physical fitness (jamboree)-$4,000 for a total of $132,940. The different programs are matched by participant donations, United States Department of Agriculture meal reimbursement, and in -kind service through the six Parks and Recreation senior sites. December 10, 1992 Page 1005 6.. The total money received annually has been in the $130,000 to $150,000 range for the past five years. This year, the City is estimated to receive up to $132,940 in Federal dollars. In view of the continued success of the program and the time saved by giving the Mayor authorization to sign related documents as needed, staff recommended that this process continue and the resolution be approved. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4037 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-1005-692 (30.) Consider Ordinance #9566 amending Ordinance #9348 concerning the Lubbock Municipal Garden and Arts Center Advisory Committee. ORDINANCE #9566 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REPEALING SECTIONS 2-270 THROUGH 2-272 WHICH CREATED AND ESTABLISHED A MUNICIPAL GARDEN AND ARTS CENTER ADVISORY COMMITTEE, AND BY MODIFYING SECTION 2-259 TO ENLARGE THE DUTIES OF THE PARK AND RECREATION BOARD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Ms. Harmon presented the staff comments. She told the Council that two committees currently deal with art in public places. This is the first of two actions that will consolidate those functions into one committee. This ordinance deletes the arts - related duties of the Lubbock Municipal Garden and Arts Center Advisory Committee and reassigns some of its functions to the Parks and Recreation Board. Next meeting, a resolution will reassign the arts - related functions to the Lubbock Municipal Art Committee. Councilmember Neugebauer asked if the members of the commissions involved had been consulted on the change. Ms. Harmon answered that the Municipal Garden and Arts Committee and the Parks and Recreation Board had been, and that the Municipal Arts Committee was inactive and had not been consulted. Councilmember Ince asked if their response had been favorable, and Ms. Harmon replied affirmatively. Councilmember Neugebauer commented that the Council is looking closely at the purpose and function of all boards and commissions. Ms. Harmon stated that this change is an attempt to create a better functioning arts committee with more tasks. According to staff memo, in 1984, the City Council passed a resolution creating a Lubbock Municipal Arts Committee (LMAC) to serve as an advisory body to Council on matters concerning the selection and placement of art in or on City -owned facilities and properties. LMAC has been inactive for some time. December 10, 1992 Page 1006 In 1990, the Municipal Garden and Arts Center Advisory Committee (MGACAC) was established as an advisory committee to Park Board in Ordinance #9348. This committee was to make recommendations concerning the operations and activities of the Municipal Garden and Arts Center and promote use of the facility. It would also review the Center's rental rates, fundraising practices, exhibition policies, and long-range capital improvement programs. Staff is proposing to expand the opportunities for Lubbock citizens to experience and benefit from art works in public places. It recognizes the substantial economic benefits to be gained from such art works in the form of increased tourism and retail activity resulting from the enhancement of the public places. Rather than have two advisory committees responsible for public art in municipal facilities, staff recommended that there be one committee designated for that purpose. The duties of the Lubbock Municipal Arts Committee will be revised to include the activities related to public art displays and exhibition policies at the Garden and Arts Center, eliminating the need for a separate Garden and Arts Center committee. On November 24, 1992, the Park and Recreation Board discussed reviving and reorganizing the Lubbock Municipal Arts Committee, and unanimously agreed to endorse reestablishing the committee. The duties of MGACAC will be consolidated into the Lubbock Municipal Arts Committee and the Park and Recreation Board. The first step in making these changes is to amend the ordinance which created the MGACAC as an advisory committee of the Park and Recreation Board. The Park and Recreation Board will assume responsibility for setting rental rates; recommended capital improvements, etc. for the Garden and Arts Center as they do with all other facilities. Second reading of the ordinance to eliminate the MGACAC will be considered during the December 17 City Council. A resolution will also be presented to Council to reestablish the Lubbock Municipal Arts Committee. One of the duties of the LMAC will be to review exhibition policies of the Lubbock Municipal Garden and Arts Center. Staff recommended approval of this item. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance #9566 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 1007 92-51B-1007-693 (31.) RESOLUTION #4038 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City an Agreement between the City and the Texas Industries for the Blind and Handicapped, which Agreement is attached hereto, and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into by and between the City of Lubbock, Texas, a home rule municipality, hereinafter called "City," and the Texas Industries for the Blind and Handicapped, a private nonprofit corporation organized under Texas law, hereinafter called "TIBH," pursuant to Chapter 122 of V.T.C.A. Human Resources Code. WHEREAS, the City has implemented a "Blue Bag" Recycling Program which requires collection and separation of recyclable materials such as glass, plastic, tin, aluminum and newspapers; and WHEREAS, TIBH has the ability and is willing to assist the City with the separation phase of its Recycling Program through a designated work center such as the Lubbock Regional MHMR Center; and WHEREAS, the City may contract with TIBH for services produced by blind or other severely disabled persons under the provisions of Chapter 122 of V.T.C.A. Human Resources Code without engaging in competitive bidding; and December 10, 1992 Page 1008 WHEREAS, the City Council of the City has determined that it would be in the best interest of the citizens of the City to enter into an agreement in which TIBH, through a work center, would provide the City with separation services necessary for the Blue Bag Program to be successful; NOW THEREFORE, for and in consideration of the covenants, terms and conditions hereinafter set forth, each of the undersigned parties agree as follows: I. The initial term of this Agreement shall be for one (1) year from the date of execution by all parties hereto and shall be automatically renewable each year thereafter unless any of such parties shall give thirty (30) days written notice of cancellation to the other parties. II. Pursuant to Chapter 122 of V.T.C.A. Human Resources Code, TIBH herein agrees to provide all labor for the separation of five different kinds of commingled recyclable materials in connection with the Blue Bag Recycling Program of the Solid Waste Department of the City. Such services shall be performed in accordance with EXHIBIT A, attached to this Agreement and made a part hereof for all purposes. In consideration for this Agreement, City herein agrees to pay TIBH for all separation services performed within thirty (30) days of receipt of a proper invoice or voucher prepared by TIBH. Payment for such services shall be billed to the City monthly at the following rates: $5.04 per hr. - client rate $9.80 per hr. - supervisor rate $26.32 per day - administrative fee The above rates include calculations for salaries, FICA taxes, workers' compensation insurance premiums, administrative overhead, supervision, transportation expenses and a state use fee. Such rates may be adjusted by TIBH annually in accordance with any increase in the general cost of living index published by the Department of Labor. However, the total sum which the City may become obligated to pay TIBH for services performed pursuant to this Agreement shall not exceed $87,000 per annum. IV. TIBH may immediately terminate this Agreement for any of the following reasons: 1. Upon nonpayment by the City when due of the amount of any proper invoice or voucher. 2. Upon default by the City in the performance of any of the covenants contained herein which are to be performed by the City and the failure of the City to remedy such default within ten (10) days of notification. December 10, 1992 Page 1009 V. City may immediately terminate this Agreement for any of the following reasons: 1. Upon default by TIBH in the performance of any of the covenants contained herein which are to be performed by TIBH and the failure of TIBH to remedy such default within ten (10) days of notification. 2. Upon assignment of this Agreement by TIBH without the consent of the City. 3. Upon failure of TIBH or its assigned work center to maintain workers' compensation insurance for any of the individuals who perform separation services. VI. For purposes of this Agreement, TIBH and any assigned work center shall be deemed independent contractors and operators responsible for their own acts and omissions, and the City shall in no way be responsible therefor. In the performance of its obligations under this Agreement, TIBH shall indemnify and hold harmless the City, its officers, agents and employees from any and all losses that result from any fault or negligence on the part of TIBH, or any of its officers, agents or employees, as well as those officers, agents or employees of any work center, and TIBH shall indemnify the City, its officers, agents and employees against any and all claims, demands, suits, judgments and losses whatsoever. VII. TIBH and its assigned work center shall maintain insurance at all times that this Agreement is in effect, at their sole expense and with underwriters authorized to do business in the State of Texas and acceptable to the City, against claims of general liability, automobile liability and property damage resulting from services performed under this Agreement. The amount of insurance coverage shall not be less than Fifty Thousand Dollars ($50,000) for property damage as a result of any one event; or less than One Hundred Thousand Dollars ($100,000) for personal injury or death of any one person in any one event; or less than Three Hundred Thousand Dollars ($300,000) for personal injury or death of two or more persons in any one event. VIII. City herein reserves the right at all reasonable times to conduct inspections of the premises where the separation services are performed to ensure that all fire, safety and sanitation laws, ordinances and regulations and other provisions of this Agreement are being adhered to by TIBH and the work center performing such services. December 10, 1992 Page 1010 IX. This document constitutes the entire agreement between the City and TIBH. EXECUTED this loth day of December, 1992. CITY OF LUBBOCK, TEXAS /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED /s/ Charles R. Hastings Region Manager ►:1II*IIF A copy of Exhibit is filed with Resolution No. 4038. Ms. Harmon presented the staff comments. She told the Council that Texas Industries for the Blind and Handicapped is the state agency that enters into contracts on behalf of non-profit agencies that deal with the handicapped. Under this contract, Lubbock MHMR clients will separate recyclable materials gathered in the Blue Bag Recycling Program. According to staff memo, this contract is between the City of Lubbock and Texas Industries for the Blind and Handicapped (TIBH) for the labor required to perform separation of recyclable commodities for the Residential Blue Bag Recycling Program. TIBH is the State agency charged with the responsibility to enter into contracts on behalf of non-profit agencies which operate work centers for persons with disabilities pursuant to state law. The contract will call for the following: 1. Lubbock MHMR clients will open the recycling program blue bags at City property located at 1631 84th and place the commodities into City provided metal bins. 2. The Lubbock Regional MHMR Center will be the work center performing the work. December 10, 1992 Page 1011 92-51B-1011-694 (32.) 3. The contract will be for one year. 4. This contract will not exceed a total $87,000 for the contract period. 5. The Lubbock Regional MHMR Center will provide services for an hourly rate of $5.04 per client and $9.80 for the supervisor. These hourly rates include salary, FICA, workers compensation, and state use fee. 6. There will be a $26.32 per day administrative fee. The administrative fees are intended to cover the overhead and general administrative cost associated with providing support to MHMR Clients. Specifically, the cost will provide for client transportation to and from the site, state use fee of 5%, and staff to maintain client training and client payroll documents. Staff recommended approval. Motion was made by Councilmember Aderton, seconded by Councilmember Neugebauer to authorize Resolution #4038 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Consider Ordinance #9567 ordering a Special Election to be held on January 16, 1993 for the purpose of ORDINANCE #9567 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 16, 1993, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO BE USED FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES (DEPARTMENT OF DEFENSE FINANCE AND ACCOUNTING SERVICE CENTER); MAKING PROVISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE HEREOF. Mayor Pro Tem Trejo explained that although this action did not require a public hearing, she would allow speakers if it were the consensus of the Council to do so. Councilmember Ince asked that speakers remain brief and that any groups present appoint a spokesman. On consensus of the Council, Mayor Pro Tem Trejo asked for speakers. December 10, 1992 Page 1012 Mikel Ward, Chairman of SPARTAN, expressed her appreciation for being allowed to speak and voiced her support of the Department of Defense initiative. She disagreed with the Legal Department's interpretation of the legislation concerning the ballot language, and asked for enhancement of the ballot language beyond that stated in the legislation or a second ballot proposition linking the tax to the DFAS project. Mrs. Ward expressed concern about the amount and use of the revenues that would be raised, and suggested that due increased economic activity from the additional population the DFAS project would provide, the half -cent sales tax would support more debt service. She proposed that the Council dedicate a portion of the revenues from the sale tax to property tax reduction. She also requested that the election be conducted with sealed ballot boxes according to Subchapter C, Chapter 127 of the Texas Election Code. Mrs. Ward then discussed her reservations about the wording of the ballot and mentioned unspecified sources that have provided SPARTAN with differing opinions concerning that language. Councilmember Neugebauer told Mrs. Ward that the Council has addressed these issues. Concerning the amount of money needed for retiring the bonds and the ballot language, he told her that the City's bond counsel, Fulbright and Jaworski, has said that the wording of the ballot must follow the letter of the law in order for them to issue a letter validating the bonds. Councilmember Cooke interjected that the Secretary of State and.the Attorney General have also looked at that issue. Councilmember Neugebauer explained that the difference in the revenue projections and the proposed expenditures results from the need to have an adequate debt coverage ratio to be able to sell the bonds. Mrs. Ward also mentioned the economic development funds already available. Councilmember Ince replied that economic development funds are not annualized and that it is not appropriate to use them to calculate the debt coverage. In closing, Mrs. Ward expressed concern about the economic impact of this facility on other parts of the infrastructure. Various members of the Council assured her of the Council's commitment to provide accurate and complete information about the election, the sales tax and the proposed project to the public. She assured the Council that she wants to work with them on this issue, and stated that she does not speak for everyone in the SPARTAN group and could not control how they vote. She reiterated her desire to have the sales tax tied to the DFAS project. Ken Phillips told the Council that he favors the sales tax and of doing what it takes to get the project. He noted that the return on the investment in the DFAS project will be phenomenal, and expressed his distaste for "all this posturing about what's going to be on the ballot." He urged the Council to "sell" the sales tax by guaranteeing that they won't sell any bonds until necessary. He also noted that the sales tax can be rescinded with an election called by petition of the voters. December 10, 1992 Page 1013 Raymond Powell, chairman of the Building Board of Appeals and former member of other city boards, told the Council he favors the Department of Defense proposal and sees the great potential from bring the facility to Lubbock. He noted that he voted against a similar proposal last January, and urged the Council to provide detail on the immediate and long- range benefits. He also asked what concessions the Department of Defense is willing to make in return for what the City of Lubbock will provide. Councilmember Ince assured Mr. Powell that the Council is committed to gather all the information, be sure the information is accurate, and make it available to the voters. He told the audience that an election information hot-line is available for citizens to call and ask questions concerning these issues. Cecil Puryear told the Council he doesn't think that the best deal has been made on the DFAS facility, and projected total costs at up to $100 million. He told the Council that they were elected to take care of health, safety and welfare and that economic development was "stretching it pretty far." He also said that no city money, including Lubbock Power and Light funds, should be spent on advertising. He then voiced his complaints about Indiana Avenue, Lake Alan Henry and other city projects. Councilmember Cooke assured Mr. Puryear that no tax dollars will be spent on promotion of the sales tax election. Over the objection of some members of the audience, Mayor Pro Tem Trejo announced that no more speakers would be heard. She then asked for staff comment. City Attorney John Ross addressed the issue of the ballot language as set forth in V.A.C.S. Art. 5190.6, Sec. 4A(m), which mandates that the ballot must read "the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-half of one percent." On December 3, Cindy Stafford, an attorney in the Secretary of State's Office, agreed with Mr. Ross's interpretation that this is the mandatory language for the ballot. Additionally, the City's bond counsel has stated that if the ballot is not worded in this manner the City risks the validity of the election, and the bond counsel would probably not sign a letter endorsing the bonds. In turn, the Attorney General's bond office would probably not approve any bonds issued. He reminded the Council that the monies collected from the sales tax are turned over to the corporation established for administration. However, the statute establishing the corporation reserves certain powers to the City Council, including: 1. All the bylaws of the corporation and amendments thereto must be approved by the City Council. 2. Articles of incorporation may be amended by the corporation board only after approval by the City Council. December 10, 1992 Page 1014 3. The articles of incorporation may be unilaterally amended by the City Council at any time. 4. The City Council will approve all programs and expenditures of the corporation. 5. The financial statements of the corporation will be reviewed on an annual basis by the City Council. 6. The City Council will have access to the books and records of the corporation. 7. No issue of bonds shall be delivered or issued by the corporation without the prior approval of the City Council. 8. The City Council at its discretion may at any time alter the program or activities of the corporation, and the City Council shall have oversight control of all powers by the Corporation. Mr. Ross told the Council that when the legislature places duties as listed above on the Council, those duties may not be delegated to any other party. Submitting economic development issues to the voters for a straw vote is an illegal delegation of that authority. Concerning whether the sale tax election can be held and the results not reported to the State Comptroller, Section 321.405 of the Tax Code mandates that the Council report the results of that election. The State Comptroller has said that the tax begins after the Comptroller's receipt of canvass of the vote approving the election. As soon as the votes are canvassed, a copy of the ordinance must be sent to the Comptroller and the process of collecting the tax will begin. The same statute that gives the power to establish the economic development corporation also allows ten percent of the registered voters to petition for an election for the dissolution of the corporation If the corporation has not incurred debt, the corporation is dissolved and the tax goes away. If it has incurred debt, the corporation is dissolved and put in a state of administration until the debts are paid. There is a difference of opinion between the Secretary of State, the bond counsel and the City Attorney concerning when that election can be held. Mr. Ross's view is that it can be held at the next uniform election date, because the legislation says that the election will be held in accordance with the Election Code, not the Tax Code. The City's bond counsel agrees with the City Attorney, but the Secretary of State does not. December 10, 1992 Page 1015 Mr. Ross quoted Article 1, Section 2 of the Texas Constitution, which says that the people "have at all times the right to alter, reform, or abolish their government in such manner as they think expedient." He cited a case where the City Council of the City Victoria refused to call a rollback election and were mandamused to do so. He quoted from the opinion in that case: "the initiative process... affords direct popular participation in lawmaking." Mr. Ross noted that the opinion said that charter provisions for initiatives should be liberally construed in favor of the power reserved to the people. Mr. Ross's opinion is that allowing the election on the next uniform election day liberally construes this provision, and that the City Council has no option but to call the election if petitioned. Assistant City Manager for Financial Services Robert Massengale added a few items to Councilmember Neugebauer's comments concerning the financial aspect of the project. He told the Council if they choose the financing route of sales tax revenue bonds, no property taxes can be pledged to support the bonds without an election. Sales tax revenue bonds would require additional debt coverage over 1:1; 1:1.5 or more would be preferable. The amount of debt coverage ratio that the tax revenue generates will affect the rating of any bonds they might issue. A 1:1 debt coverage ratio would probably result in unsalable bonds, while a 1:1.5 ratio will result in a more favorable rating. f Acting City Secretary Sally Still Abbe told the Council that the City has conducted sealed ballot box elections previously, and will do so for this election if the Council chooses. Councilmember Cooke asked what action would have to be taken to make that choice, and Ms. Abbe replied that they could include that wording in the motion for passage of the ordinance and the ordinance will be amended for second reading. According to staff memo, the ordinance prepared by the Legal Department calls a Special City Election for January 16, 1993, for consideration of adopting an additional sales tax of one-half of one percent for economic development activities in connection with the Department of Defense Finance and Accounting Service Center. In calling the election, the Council is governed by the following laws: V.A.C.S. Art. 5190.6, Sec. 4A(d): An election to levy an additional sales and use tax for economic development is required and it must be held pursuant to Chapter 321, Tax Code (paragraph (e)). Tax Code, Sec. 321.401: An election under Chapter 321 is required to be called by the governing body of a municipality by enactment of an ordinance calling the election. December 10, 1992 Page 1016 Tax Code, Sec. 321.403: An ordinance calling an election must be finally passed not less than 30 days before the uniform election date at which the election is to be held (December 17 is the last day for final approval for a January 16, 1993 election). V.A.C.S. Art. 5190.6, Sec. 4A(m): This section specifies the wording of the ballot proposition for an additional sales and use tax election in mandatory language using quotation marks and "shall" to indicate that the language is not discretionary. The proposition is worded in compliance with this requirement of state law. Election Code, Sec. 3.006: Election orders must state the date of the election and the proposition to be voted on at the election. Election Code, Sec. 4.004: The notice of an election (both the ordinance and an order signed by the Mayor) must state the nature and date of the election, the location of polling places (included in the order signed by the Mayor), the hours the polls will be open, and the proposition to be voted on at the election. Election Code, Sec. 85.004: The election notice and order must state the main early voting place. Election Code, Sec. 85.006: Early voting on Saturday or Sunday must be included in the election order. Election Code, Sec. 85.007: The election notice and order must state the date early voting is to begin, the regular dates and hours of early voting, and the dates and hours of any Saturday or Sunday voting. Election Code, Sec. 85.065: Temporary branch polling place locations and hours of voting must be included in the election order. Another issue that has come up is whether the timing of this election is permissible in view of the one year time limitation prescribed by Sec. 321.406 of the Tax Code, which states "An election under this chapter in a municipality may not be held earlier than one year after the date of any previous election under this chapter in the municipality." Last year's election was held on January 18 and this year's election date is January 16. However, the Texas Election Code at Section 41.041 states that "a subsequent election on the measure may be held on the corresponding uniform election date in the appropriate year, regardless of the fact that the date falls a number of days short of the requisite period." The Secretary of State Elections Division confirmed that January 16, 1993, is a permissible date for an additional sales and use tax election. December 10, 1992 Page 1017 There has been considerable comment with regard to using a proposition that does not comply with the statutory language or in putting language in the ordinance like bond covenant language to limit the use of the tax proceeds to the Department Of Defense project. It is staff's opinion that use of a proposition that does not comply with the mandatory requirements of a general law of the State of Texas will render the election illegal if it is determined it was not conducted in substantial compliance with the statute. With regard to suggestions that the results of the election not be certified to the State Comptroller unless the Department of Defense project is finally approved, it would be a violation of Sec. 321.405 of the Tax Code to fail to report passage of the election within a reasonable time, and the City might be required to do so by a legal action of mandamus. The City's bond counsel, Mr. Elbert Morrow of Fulbright and Jaworski, concurred with staff's opinion on these issues. Staff believes that the activities of the Section 4A corporation may be controlled by the City Council through control over the Corporation's articles of incorporation, bylaws and expenditures. Staff recommended approval of this item. Motion was made by Councilmember Ince, seconded by Councilmember Cooke, to pass on first reading Ordinance #9567, with the amendment that the election be conducted under Subchapter C, Chapter 127 of the Texas Election Code which requires sealed ballot boxes. Motion carried: 6 Yeas; 0 Nays. 92-51B-1017-695 (17.) ORDINANCE #9568--Zone Case #1840-A (3424 82nd Street) --Hold a public hearing to consider request of Bob Teaff (for Bob's Plumbing, Inc.) for a zoning change from C-2 to C-3 on Tract T. Melonie Park South Addition. ORDINANCE #9568 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1840-A; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON TRACT T, MELONIE PARK SOUTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Trejo opened the hearing at 10:52 a.m. Bob Teaff, owner of Bob's Plumbing, presented this request. There was no opposition. Mayor Pro Tem Trejo closed the hearing at 10:56 a.m. David Jones, Director of Planning, presented the staff comment. According to staff memo, the subject property is a corner location of a strip shopping center on 82nd Street west of Indiana. The area north where the United grocery store is located is currently zoned C-2 with conditions, but would be C-3 within the code requirements in effect today. December 10, 1992 Page 1018 The adjacent land use relationships are as follow: North - commercial South - residential and commercial East - commercial West - garden office (AM) Since the area is already commercial, the request does not present any conflict with the Comprehensive Land Use Plan. The single issue raised relative to zoning policy is the definition of plumbing service as permitted in C-3. The definition states: "(92) Plumbing service: The operation of a business which involves only retails sales and off -premises service, installation and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures or units. Sheet metal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off -premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heating, refrigeration or air-conditioning contractor or similar type wholesale, service or repair operation." Staff visited with the proponent and he understands the definition. One neighborhood response letter noted support for the proposal but feared the business will evolve into the plumbing, heating, and refrigeration business which requires M-1 zoning because of heavy repair and fabrication uses. The proposal will have little effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 8-0 subject to the following condition: 1. Limited to plumbing service as defined in section 29-3(92) and all unconditionally permitted C-2 uses. The Planning and Zoning Commission verified the understanding of the limitations on the C-3 zoning with the proponent. There was very little other discussion and no comments from adjacent owners. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to pass on first reading Ordinance #9568 with the condition recommended by the Planning and Zoning Commission and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Cooke absent from the Council Chambers. December 10, 1992 Page 1019 92-51B-1019-696 (18.) ORDINANCE #9569 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1501-D; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON ON THE EAST 248.84 FEET OF LOT 377, BENHALL MANOR ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Trejo opened the hearing at 10:59 a.m. Dru Vowell, President of Empire Pawn Shop, Inc., presented the request. There was no opposition. Mayor Pro Tem Trejo closed the hearing at 11:02 a.m. David Jones, Director of Planning, presented the staff comments. According to staff memo, the area around 50th and Avenue Q is mixed with C-3, C-4 and IHC zoning. The adjacent land use relationships are as follow: North - residential South - elementary school East - commercial West - commercial With the mix of uses and zoning districts in the area, the transition to C-4 with a condition to solve the concern noted by residents in the area should not represent any deviation from the Comprehensive Land Use Plan. Since the proponent requested only the pawn shop permitted use from C-4; staff recommended a condition limiting the property to only the pawn shop C-4 use and the existing C-3 uses to protect the area against future intrusion of objectionable C-4 uses without a public hearing. The proposal should have no additional effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 8-0 subject to the following condition: 1. Limited to a pawn shop and all unconditionally permitted C-3 uses. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to pass on first reading Ordinance #9569 with the condition with the condition recommended by the Planning and Zoning Commission and City staff. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 1020 92-51B-1020-697 (19.) ORDINANCE #9570 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2693; A ZONING CHANGE FROM T TO IDP SPECIFIC USE FOR A 250' TO 300' CELLULAR TOWER ON A 75' X 75' TRACT IN THE NORTHWEST CORNER OF A 30.093 ACRE TRACT IN THE SOUTHEAST QUARTER OF SECTION 41, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Trejo opened the hearing at 10:59 a.m. Kelley R. Wilson appeared on behalf of Southwestern Bell Mobile Systems to present this request. He told the Council that the request was for a tower to hold equipment to enhance cellular service. In response to questioning from Councilmember Cooke, he stated that service will be extended to the Lubbock County line and that the improvements will be available in about six months. Councilmember Aderton asked about the tower's proximity to power lines, and Mr. Wilson replied that there are no known failures of self-supporting towers like the one proposed. No one appeared in opposition. Mayor Pro Tem Trejo closed the hearing at 11:02 a.m. David Jones, Director of Planning, presented the staff comments. He told the Council this is a routine case. According to staff memo, the land in the area is undeveloped and is being farmed. The city limit is approximately 850' to the east of the site. The adjacent land use relationships are as follows: North - agricultural South - agricultural East - agricultural West - agricultural The proposed land use in the vicinity on the Comprehensive Land Use Plan is IDP (Industrial Park) and this request is consistent with the Plan. There are no zoning policy concerns. The request will have no effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 8-0. Staff supported the recommendation of the Planning and Zoning Commission. December 10, 1992 Page 1021 92-51B-1021-698 (20.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9570 as recommended by the Planning and Zoning Commission and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince absent from the Chambers. ORDINANCE #9571--Zone Case #2411-C (east side of ORDINANCE #9571 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2411-C; A ZONING CHANGE FROM C-2 AND C-3 SPECIFIC USE TO C-3 ZONING ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Trejo opened the hearing at 11:09 a.m. G. Randall Andrews appeared on behalf of Richard A. Sim to present the request. He assured the Council that the building would be architecturally compatible with the surrounding development. No one appeared in opposition. Mayor Pro Tem Trejo closed the hearing at 11:11 a.m. David Jones, Director of Planning, presented the staff comments. He pointed out the location of the property and showed the Council the proposed site plan and elevation. According to staff memo, the property in question is zoned C-2 and C-3 Specific Use. The adjacent land use relationships are as follows: North - vacant commercial South - shopping center East - C-3 developed as offices West - single family and a private swimming pool. Since the property is currently zoned commercial and is noted as commercial on the Comprehensive Land Use Plan, there are no land use policy concerns. The most common zoning policy issue for automotive related uses is the location of bay doors facing the thoroughfare. The proponent submitted a site plan illustrating a building elevation and plans to orient the service bay doors away from Quaker Avenue. The project should have little additional traffic impact on the seven -lane Quaker Avenue other than is expected from developed property versus undeveloped property. December 10, 1992 Page 1022 92-51B-1022-699 (21.) The Planning and Zoning Commission recommended approval of this request by a vote of 7-1 subject to the following condition: 1. Tied to site plan 2411-S as presented to the Planning and Zoning Commission and signed by the Chairman on November 5, 1992. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Aderton to pass on first reading Ordinance #9571 with the condition recommended by the Planning and Zoning Commission and City staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9572--Zone Case #2460-H (west of Memphis ORDINANCE #9572 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2460-H; A ZONING CHANGE FROM R-1, GO AND C-2 TO R-1 AND R-1 SPECIFIC USE FOR TOWNHOUSE/GARDEN HOMES ON TRACTS OF LAND OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Councilmember Ince excused and recused himself from discussion of and voting on this item. Mayor Pro Tem Trejo opened the hearing at 11:12 a.m. Henry Huneke appeared on behalf of Escondido Oil and Lubbock Development to present the request. He told the council that this request was for downzoning for additional residential lots and to allow garden homes and townhouses. No one appeared in opposition. Mayor Pro Tem Trejo closed the hearing at 11:14 a.m. David Jones, Director of Planning, presented the staff comments. He showed the Council the plat of the property and the location of the lots being changed. According to staff memo, the proponent is requesting down zoning to single family from C-2 and GO. Mr. Jones gave the adjacent land use relationships as follow: North - commercial South - residential East - residential West - residential December 10, 1992 Page 1023 The parcel is reverting to residential, which is in compliance with the Comprehensive Land Use Plan previous to approval of a regional mall on this site. There are no zoning policy issues, and the request will not impact traffic in the area in a manner inconsistent with development policies. The Planning and Zoning Commission recommended approval of this request by a vote of 8-0. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9572 as recommended by the Planning and Zoning Commission and city staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince recused. 92-51B-1023-700 (22.) ORDINANCE #9573--Zone Case #2514-A (west of Frankford Avenue and south of 82nd Street) --Hold a out of Section 28, Block AK. ORDINANCE #9573 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2514-A; A ZONING CHANGE FROM R-1, A-1, C-2 AND C-3 TO R-1 SPECIFIC USE TO ALLOW SINGLE-FAMILY DWELLINGS WITH 20 FOOT FRONT SETBACK, C-2, AND C-3 ZONING ON TRACTS OUT OF SECTION 28, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Councilmember Neugebauer excused and recused himself from discussion and voting on this item. Mayor Pro Tem Trejo opened the hearing at 11:16 a.m. David Goyette appeared on behalf of Lubbock Land Company to present this request for zone change. He told the Council that the developers of the Encore Addition are working on an unusual project with the Parks Department to complete a neighborhood park at developer expense that will then be turned over to the City to maintain. He told the Council that upon reviewing the zoning request recommended by the Planning and Zoning Commission, the Homebuilders Association expressed a preference for some conditions which would require R-1 Specific Use zoning. He presented each member with a letter which specified the four conditions: 1. That the minimum front setback shall be 20 feet. 2. That the minimum front setback for a front garage entry shall be 25 feet. 3. That the minimum rear setback for any garage shall be 20 feet. 4. That all other requirements of the R-1 district shall apply. December 10, 1992 Page 1024 These items were reviewed by the Planning and Zoning Commission as an other business item on December 3, 1992, and the consensus of the Commission was that they would not oppose a request for R-1 Specific Use zoning with these four conditions. No one appeared in opposition. Mayor Pro Tem Trejo closed the hearing at 11:20 a.m. David Jones, Director of Planning, presented the staff comment, concentrating on two issues of particular interest to the Planning and Zoning Commission: 1) the use of an alley as a buffer between single family and commercial; and, 2) the requested rezoning of the west 150' of the commercial along 82nd Street from C-2 to C-3. According to staff memo, this requests proposes a down -zoning of some existing C-3, C-2 and A-1 to single-family similar to the case approved last month on property east of Frankford Avenue. Both requests diminish the commercial zoning to an area along 82nd. The adjacent land use relationships are as follows: North - vacant commercial South - vacant R-1 East - R-1 and C-3 West - vacant R-1 As was noted in the previous zone change request, the shape of the commercial parcel on 82nd and Frankford is not strictly according to the Comprehensive Land Use Plan, but conforms well with the adjacent tracts as they have evolved through zone cases. Two additional items were discussed by the Planning and Zoning Commission: 1. The use of an alley as a buffer to single family is not always the best, but is the manner used at all four corners of this intersection. 2. The west 150' of the commercial along 82nd Street is requested to be rezoned from C-2 to C-3. Since the area directly west of this parcel is zoned residential, the staff felt that maintaining that strip as C-2 would be advisable, and the Planning and Zoning Commission concurred with that recommendation. However, the current case will add site plan review to the parcel. December 10, 1992 Page 1025 On November 12, 1992, Mr. Goyette submitted the letter discussing an amendment. These items were not reviewed by the Planning and Zoning Commission as a part of the original request, but the Commission did review them as an other business item on December 3, 1992. The consensus of the Planning and Zoning Commission was that the four items requested by Mr. Goyette were acceptable and that they would not oppose a request for R-1 Specific Use zoning. This request is exactly the same as approved for Gary Rothwell on a tract north of 82nd Street in the Pheasant Run Subdivision. The change of the request from R-1 to R-1 Specific Use is a more restrictive zoning district than the R-1 recommended by the Planning and Zoning Commission, which the Council is allowed to do without readvertising the case or notifying the adjacent property owners. Staff is comfortable with the amendment because no property owner other than the proponent will be affected. The Planning and Zoning Commission recommended approval of this request by a vote of 8-0 subject to the following condition: 1. That a site plan, including building elevations showing materials, color, and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit on the commercial tracts only (tracts 1 and 2). Additionally, they agreed by consensus at their December 3, 1992 meeting to support the request for R-1 Specific Use Zoning subject to the following conditions: 1. That the minimum front setback shall be 20 feet. 2. That the minimum front setback for a front garage entry shall be 25 feet. 3. That the minimum rear setback for any garage shall be 20 feet. 4. That all other requirements of the R-1 district shall apply. Staff supported the recommendation of the Planning and Zoning Commission and the request for amendment as R-1 Specific Use discussed above. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke, to pass on first reading Ordinance #9573 with the site plan review condition recommended by the Planning and Zoning Commission and staff and the amendment for R-1 Specific Use as requested by the proponent. Motion carried: 5 Yeas; 0 Nays--Councilmember Neugebauer recused. December 10, 1992 Page 1026 92-51B-1026-701 (23.) ORDINANCE #9574--Zone Case #1490-M Least of Slide Road from Loop 289 to 69th Street) --Hold a public Fiesta Autoland Center Addition. ORDINANCE #9574 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-M; TO AMEND ORDINANCE NUMBERS 5307, 6119, 7233, 7233A, 7566, 7832, 9183, AND 9230 BY DELETING ALL PREVIOUS CONDITIONS FOR C-4 ZONING AND REPLACING WITH AMENDED CONDITIONS ON LOTS 1-A AND 2-A, FIESTA AUTOLAND CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO AMENDED CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Trejo opened the hearing at 11:24 a.m. David Goyette appeared on behalf of Maclay Properties to present the request. He told the Council that the intent of the case was to remove the variety of conditions placed on the property by a number of previous zone cases and to establish limited C-4 uses. The developer intends to demolish all the existing buildings and build a new retail center with national anchors not currently doing business in Lubbock. There was no opposition. Mayor Pro Tem Trejo closed the hearing at 11:28 a.m. David Jones, Director of Planning, presented the staff comments. He told the Council that the site plan presented was generic and that the case is not tied to the site plan. He also noted that the Planning and Zoning Commission will review the site plan before a building permit is issued and decide on the number of curb cuts to be allowed. He told the Council that after demolition, the setback from the north property line allowed by the Zoning Code would be the average of the adjacent structures, or 130 feet. The Planning and Zoning Commission recommended a 60 foot setback. The staff supports the recommendations of the Planning and Zoning Commission with the exception of recommending a 100 foot setback. He also noted that the proponent asked for a delay of second reading so negotiations for the purchase of the property can be finalized. Councilmember Neugebauer asked what the required setback is for both property lines under the Zoning Code. Mr. Jones replied 130 feet on the north property line (Loop 289 access) and 43 feet on the west property line (Slide Road). December 10, 1992 Page 1027 Mr. Goyette interjected that the Planning and Zoning Commission felt 60 feet was appropriate. He told the Council that this will be an expensive project that is tight on building and parking requirements. He deferred to Eric Seitzman of Maclay Properties, who stated that the tenants were national tenants with prototype properties that require standard layouts and merchandising. He said that if those requirements could not be met that the tenants would not come to Lubbock. He mentioned Circuit City, Bookstop, Michael's, Pet's Mart, T.G.I. Fridays, and Shoney's as potential tenants. According to staff memo, this proposal covers two tracts with a lengthy zoning history. The Loop and Slide tract was zoned in the 1960's as C-4 limited to new car dealership only. Although several changes have been made since, the property is controlled by ordinances which require removal if the new shopping center is to be developed. Probably the most discussed aspect of the zoning on these tracts has been the requirement for a fence along Slide Road. The fence has been debated for the last 25 years in numerous cases. A 6 foot brick fence originally extended from Loop 289 to the alley to the north of 70th Street. The 69th Street break in the fence occurred when the street was platted. The Planning and Zoning Commission continued the fence as a requirement in this zone change request, at a 2-1/2 foot height, to reduce the effect headlights will have on the residential structures that remain south of 66th Street. The adjacent land use relationships are as follows: North - Loop 289 South - commercial East - commercial West - commercial north of 68th and residential south of 68th The property is commercial on the Comprehensive Land Use Plan. Another aspect of the zoning history on this property is a case approved in 1979 that prohibited bars in Fiesta Park for a distance from 200' north of 69th Street to the alley south of 69th Street. That case was filed by residents in the Spanish Oaks subdivision out of concern for the original open C-4 zoning. This case would delete that prohibition. However, the proponent submitted a list of proposed C-4 permitted uses that is stricter than the traditional Loop 289 C-4 policy. Staff supported the recommendation as approved by the Planning and Zoning Commission. December 10, 1992 Page 1028 The proponent displayed a "generic" site plan that generated two other discussion items. The first was a request for three curb cuts on Slide, one for the out parcel where the car wash exists and two for the main shopping center. Staff recommended that only two curb cuts be allowed on Slide due to the intensity of traffic. The optimum access to the new center from a traffic perspective would be from Loop 289 on the north and 69th Street on the south. Customers on 69th Street then would have a safe entrance to and from Slide via a signalized intersection. The number of curb cuts allowed for commercial property has a natural tendency to clash with what traffic engineers would recommend. The Planning and Zoning Commission approved either 2 or 3 cuts pending site plan review at a later date. The second discussion was about setback on Loop 289. After the existing buildings are demolished, and unless the zone case specifically dictates otherwise, the zoning code requires new buildings to be set back a distance equal to the established setback of the adjacent structures. On Loop 289, the Brunken building has an approximate 130' setback. On 69th, the office to the east has an approximate 43-45' setback. The site plan submitted by the proponent was drawn with a 43' setback for both streets. The original zone case required a 100' setback for Loop 289. The owner of the car dealership to the east has expressed concern for the 60' setback recommended by the Planning and Zoning Commission. Staff proposed keeping the 100' distance while the proponent argued that anything greater than 60' would interfere with their development objectives. The Planning and Zoning Commission recommended approval of this request by a vote of 8-0 subject to the following conditions: 1. That a site plan, including building elevations showing materials, color, and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. 2. That a 2 1/2 foot to 3 foot masonry fence shall be maintained from Loop 289 to 69th Street (except where curb cuts are approved) with materials architecturally compatible with the shopping center. 3. Slide Road access shall be limited to two or three curb cuts pending site plan review. 4. That a game room, pool, billiard and/or domino parlor and a nightclub, bar or lounge shall be allowed on the property only until the expiration of the current tenant's contract. December 10, 1992 Page 1029 5. Shall require a minimum 60 foot setback from the north property line. 6. That the C-4 permitted uses be limited to: a. Any use unconditionally permitted in the C-2A, C-2 or C-3 Districts. b. Automobile brake shop. C. Barber and beauty shop supply dealer. d. Builders supply. All materials must be in a building. e. Garden center. f. Gasoline service station. (Business permitted outside of building and outside displays of products permitted within three (3) feet of building. g. Greenhouse and plant nursery. h. Restaurants. (Business permitted outside of building.) i. Restaurants, with the sale of alcoholic beverages as an incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. j. Sign shops, limited to window lettering, painted wall signs, banners and desk signs. k. Veterinary hospital (totally within a building). With the exception of amending #5 of the recommended conditions to either 100' setback along the north property line or a compromise acceptable to the adjacent owner, staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Neugebauer to pass on first reading Ordinance #9574, with conditions recommended by the Planning and Zoning Commission, including a 60' setback from the north property line. Council also granted a delay for second reading of this ordinance. Motion carried: 6 Yeas; 0 Nays. December 10, 1992 Page 1030 92-51B-1030-702 (24.) ZONE CASE #1708-A (southeast corner of 24th and Motion was made by Councilmember Cooke, seconded by Councilmember Ince to continue this hearing until the December 17, 1992 Regular City Council Meeting. Motion carried: 6 Yeas; 0 Nays. The City Council went into executive session at 11:40 a.m. The City Council reconvened the regular meeting at 11:48 a.m. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to hold board appointments until the December 17, 1992 Regular City Council Meeting. Motion carried: 5 Yeas; 0 Nays--Councilmember Aderton absent from the Council Chambers. There being no further business to c e re Council, motion was made by Councilmember Patterson, seconde by Counc'lme to adjourn the meeting at 11:59. Motion carri d: 5 Yeas 0 ays-- uncilmember Aderton absent from the Council Cham ers. • VM .Mv � v�., ATTEST: S�-� saw O- g� Sally StillLAbbe Acting City Secretary Read and approved this 17th day of De mt ATTEST: Sally StilU Abbe Acting City Secretary