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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/17/1992CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 17, 1992 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 17th 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 David Langston, Mayor Pro Tem Maggie Trejo, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Randy Neugebauer, Councilmember Max Ince, Councilmember Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and Acting City Secretary Sally Abbe. Mayor Langston called the meeting to order at 10:20 A.M. ( 1.) The Invocation was given by Jim Bertram, Assistant City Manager for Development Services. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments There were no board appointments. 92-51B-1039-705 ( 4.) Special presentation to former Mayor B.C. "Peck" McMinn for the City's Hall of Mayors. Mayor David Langston presented former Mayor B.C. "Peck" McMinn with a portrait that will hang in the corridor leading into the City Council Chambers. Mayor Langston followed with remarks about Mayor McMinn's major achievements during a six -year tenure. Mayor from 1986 to 1992, McMinn served longer than any other Lubbock mayor. Mayor McMinn responded to Mayor Langston's comments. 92-51B-1039-706 ( 5.) SSgecial presentation to Estacado football team. Estacado High School competed in the State semi-finals in 4-A football after winning the quarter -finals on December 5 against Stephenville. Although they were defeated in the semi-final game against Waxahachie High School on December 12, 1992, Estacado played longer in the state championship play offs than any other Lubbock school. Special recognition was given to Coach Louis Kelly, 4-A coach of the year, Zebbie Lethridge, offensive player of the year, and several team members named to all -district first and second teams. December 17, 1992 Page 1040 92-51B-1040-707 ( 6.) Presentation of service pins to employees who completed 20, 25, 30, 35, or 40 years of service in 1992. Service award pins were presented during the December 17 City Council meeting to 63 employees completing 20, 25, 30, 35, or 40 years of service during 1992. It was consensus of Council to remove Items 17, 18, and 19 from the consent agenda. ( 7.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to approve the minutes of the December 10, 1992 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 431001flo &Ior ( 8.) Consider Resolution #4039 accepting Street Maintenance Improvements by Williams & Peters Construction Co. under the 1992 Maintenance Program. RESOLUTION #4039 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract December 20, 1991, authorizing the construction of street maintenance improvements by Williams & Peters Construction Company, Inc., on a portion of the following: 1992 MAINTENANCE PROGRAM List of Streets Improved STREET FROM TO 34th Street Slide Road West Loop 289 34th Street Avenue J Avenue L 66th Street Avenue U 1-27 ROW East Broadway Avenue A East of Date Avenue Frankford Avenue Spur 327 58th Street Slide Road 50th Street 60th Street Quaker Avenue 37th Street 42nd Street Quaker Avenue Brownfield Highway 24th Street University Avenue 4th Street Auburn Street University Avenue 50th Street 66th Street Olive Avenue East 4th Street Idalou Highway North Avenue Q Kent Street FM 2641 50th Street West Loop 289 Chicago Avenue Quaker Avenue 78th Street 74th Street University Avenue 76th Street 82nd Street 50th Street Avenue A Avenue C Quaker Avenue 82nd Street 58th Street Utica Avenue 56th Street 58th Street Chicago Avenue 19th Street 34th Street Canton Avenue Amherst Street Auburn Street Vanda Avenue East 28th Street East 29th Street Albany Avenue 82nd Street 84th Street Akron Avenue Dartmouth Street Emory Street Akron Avenue 70th Street Cul de Sac to South Avenue D 40th Street 50th Street Avenue J 19th Street 26th Street Avenue J 29th Street 31st Street Avenue L 58th Street 66th Street Avenue 0 19th Street 23rd Street December 17, 1992 Page 1041 Avenue P Avenue P North to Deadend Avenue P 65th Drive South Loop 289 Avenue U 17th Street 4th Street Avenue V 34th Street 23rd Street Bangor Avenue 50th Street 58th Street Bluefield Street Guava Avenue Quirt Avenue Canton Avenue 30th Street 34th Street Canyon Lake Drive Quirt Avenue Patches to East Chicago Avenue 1st Place Auburn Street Clinton Avenue 89th Street Chicago Avenue Elm Avenue East 34th Street East 35th Street Englewood Avenue 50th Street Brownfield Highway Gary Avenue 19th Street 23rd Street Genoa Avenue 79th Street Homestead Avenue Globe Avenue South Loop 289 East 74th Street Hickory Avenue East 73rd Street Cul de Sac to South Huron Avenue South of 43rd Street Cul de Sac to North Hyden Avenue 34th Street Deadend to South North Indiana Avenue Clovis Road Oberlin Street Ironton Avenue 34th Street 38th Street Landmark Lane Clovis Road North Loop 289 Louisville Avenue Memphis Drive 82nd Street Lynnhaven Avenue 82nd Street Memphis Drive Memphis Avenue 48th Street 50th Street Locust Avenue East 42nd Street East 50th Street Nashville Avenue 58th Street 60th Street Nashville Avenue 82nd Street 84th Street Oberlin Street North Indiana Avenue North Gary Avenue Orlando Avenue 50th Street 54th Street Orlando Avenue 82nd Street 84th Street Peoria Avenue 64th Street 66th Street Quirt Ave. Access Road Regis Street Bluefield Street Quirt Avenue East 28th Street Overpass Raleigh Avenue 59th Street 60th Street Raleigh Drive 60th Street Quaker Avenue Redbud Avenue East 24th Street East 28th Street Richmond Avenue 55th Street 59th Street Salem Avenue 13th Street 19th Street Salem Avenue 71st Street South Loop 289 Saratoga Avenue 26th Street 34th Street Teak Avenue East 35th Street East 37th Street Temple Avenue 54th Street 58th Street Toledo Avenue 4th Street Cul de Sac to North Toledo Avenue 7th Street 19th Street Toledo Avenue 58th Street 61st Street Trenton Avenue 32nd Street Cul de Sac to North Ursuline Street Clovis Road North Quaker Avenue Utica Avenue 54th Street 56th Street Utica Avenue 58th Street South Loop 289 Vicksburg Avenue 4th Street 13th Street Vicksburg Avenue 56th Street 58th Street Wayne Avenue 73rd Street 78th Street Wayne Avenue 50th Street 52nd Street York Avenue 58th Street 60th Street Zoar Avenue 73rd Street 76th Street 2nd Place University Avenue Deadend to West 3rd Street University Avenue RR ROW to West 13th Street Slide Road Quaker Avenue 20th Street Avenue K Avenue J 21st Street Avenue J Avenue K 21st Street Avenue 0 Deadend to East 22nd Street Avenue 0 Deadend to East 22nd Street Avenue J Avenue K 25th Street Flint Avenue Gary Avenue 26th Street Texas Avenue Avenue J 29th Street I-27 ROW Avenue K 29th Street Avenue X University Avenue 30th Street I-27 ROW Avenue L 30th Street Trenton Avenue Upland Avenue 31st Street I-27 ROW Avenue L 32nd Street I-27 ROW Avenue L December 17, 1992 Page 1042 32nd Street University Avenue Avenue Q 32nd Street Louisville Avenue Memphis Avenue 32nd Street I-27 ROW Deadend to East 32nd Street Trenton Avenue Saratoga Avenue 33rd Street Avenue L I-27 ROW 33rd Street Louisville Avenue Memphis Avenue 35th Street Avenue G I-27 ROW East 35th Street Teak Avenue Railroad 36th Street Avenue G I-27 ROW East 37th Street Guava Avenue Teak Avenue 42nd Street Avenue A Avenue D 42nd Street Slide Road Chicago Avenue 43rd Street Huron Avenue West Loop 289 45th Street Brownfield Highway Huron Avenue 51st Street Memphis Avenue Orlando Avenue 54th Street Slide Road Bangor Avenue 56th Street Vicksburg Avenue Utica Avenue 58th Street Vicksburg Avenue York Avenue 58th Street Nashville Avenue Peoria Avenue 60th Street Cul de Sac E. of Raliegh Utica Avenue 64th Street Quaker Avenue Peoria Avenue 65th Drive 66th Street Indiana Avenue 66th Street Utica Avenue South Loop 289 66th Street Memphis Avenue Peoria Avenue 70th Street University Avenue Canton Avenue East 70th Street Cedar Avenue Deadend to West 71st Street Quaker Avenue Utica Avenue East 73rd Street Globe Avenue Deadend to East 74th Street Quaker Avenue Utica Avenue East 74th Street Elm Avenue Ivory Avenue 76th Street Zoar Avenue Slide Road 78th Street Lynnhaven Avenue Memphis Avenue 79th Street Frankford Avenue Hope Avenue 79th Street Louisville Avenue Lynnhaven Avenue 84th Street Orlando Avenue Memphis Avenue WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the City streets BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $ 10,000.00. December 17, 1992 Page 1043 SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 17th 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/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney According to staff memo, this item is a routine acceptance of the 1992 Street Maintenance Program which consisted of single -course and two -course surface treatment on all streets listed in the acceptance resolution. The original contract amount was $1,489,847.34, with Change Order No. 1 increasing the original amount by $184,304.72 to $1,674,152.06. Change Order No. 1 reflects the funding available due to the lower cost per square yard of the patching and sealing than was originally estimated. Also, a guardrail installation item was added so that 200' of guardrail could be installed on 34th Street west of Slide Road. Final payment due to contractor upon acceptance is $10,000. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4039 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-1043-709 ( 9.) Consider the price and conditions of sale of Parcel Number 33500-20-140 at 1102 3rd Street in the Guadalupe area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc. (Gary Patton, President) for $300.00. This property is to be redeveloped as a single-family residence and is properly zoned for this use. This proposed sale was submitted in accordance to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Staff recommended approval of the proposed sale. December 17, 1992 Page 1044 Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to approve the price and conditions of sale of Parcel Number 33500-20-140 at 1102 3rd Street in the Guadalupe area as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-1044-710 (10.) Consider Resolution #4040 accepting paving improvements constructed by Williams and Peters Construction Co., in Prairie Point East Addition, Lots 59-88. RESOLUTION #4040 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Prairie Point East Addition, Lots 59-88 made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition including the following streets: 84th Street from the East end of radius of Avenue V to the West back of curb of Avenue U, and the Alley return North of 84th Street on the East side of Avenue V, known and designated as New Subdivision Sub -Unit Number 19 of Unit Number 2035. 86th Street from the East end of radius of Avenue V to the East end of radius of the Alley East of Avenue V, known and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2035. The West 1/2 of Avenue U from the North end of radius of the Alley North of 84th Street to the South end of radius of the Alley South of 84th Street, known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2035. WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: SECTION 1. THAT the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council, and to direct the payment of the City's portion of the cost in the amount of $1,280.86. December 17, 1992 Page 1045 SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 17th 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/ Larry D. Hertel Larry D. Hertel, City 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 paving improvements required at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: 84th Street from Avenue V to Avenue U and the alley return on the east side of Avenue V north of 84th Street. L 86th Street from Avenue V to the alley east of Avenue V. The west half of Avenue U from the alley north of 84th Street to the alley south of 84th Street. City cost due the contractor upon this acceptance is $1,280.86 for extra width paving on Avenue U. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4040 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1046 92-51B-1046-711 (11.) Consider Resolution #4041 accepting paving Tract "A". RESOLUTION #4041 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lubbock County Industrial Park, Tract "A", made arrangements with Ronnie Zahn Paving, Inc., for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition, including the following streets: North Holly Avenue from F.M. 2641 to 1,578 feet South, known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2034. WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 17th 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/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney December 17, 1992 Page 1047 According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: North Holly Avenue from F.M. 2641 to 1,578 feet south. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4041 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-1047-712 (12.) Consider Resolution #4042 authorizing the Mayor to sign the cover sheet of the Texas Department of Transportation plans to construct an asphalt overlay on Loop 289 from Slide Road to N. University Avenue. RESOLUTION #4042 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 the Cover (Title) Sheet of the Texas Department of Transportation plans to construct an asphaltic concrete overlay on Loop 289 from Slide Road to North University Avenue, being State Highway Projects CPM-783-1-67 and CPM 783-2-62. Passed by the City Council this 17th 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/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney According to staff memo, there is no City cost involved in this project. Staff recommended approval of this resolution. December 17, 1992 Page 1048 92-51B-1048-713 (13.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4042 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 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. 92-51B-1048-714 (14.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9568. Motion carried: 7 Yeas; 0 Nays. 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. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9569. Motion carried: 7 Yeas; 0 Nays. 92-51B-1048-715 (15.) ORDINANCE #9570--Zone Case #2693 (8/10 of a mile east of Guava on the south side of Municipal Drive) --Request of Kelley R. Wilson (for Southwestern Bell Mobile Systems) for 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 28.185 acre tract in the southeast quarter of Section 41, Block A. 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. December 17, 1992 Page 1049 92-51B-1049-716 (16.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9570. Motion carried: 7 Yeas; 0 Nays. and C-3 Specific Use to C-3 on a tract out of Section 11, Block E-2. 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. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9571. Motion carried: 7 Yeas; 0 Nays. 92-51B-1049-717 (20.) ORDINANCE #9566--Amendment to 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. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9566. Motion carried: 7 Yeas; 0 Nays. 92-51B-1049-718 (21.) BID #12338--Power factor test set (Electric Distribution). Tettex Instruments, Fairview, PA Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1050 92-51B-1050-719 (22.) BID #12335--Annual pricing for hot mix (Street Department). Kerr Construction Co.--600 tn. Type C hot mix, using local aggregate; 600 tn. Type D hot mix, using local aggregate; 600 tn. cold mix. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 92-51B-1050-720 (23.) BID #12292--Runway sweeper (Fleet Services). STM Equipment, Arlington--1 ea. Runway sweeper Spec 969. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 92-51B-1050-721 (24.) BID #12290--Terminal Apron & Emergency Access Roads, and authorize same (Lubbock International Airport). RESOLUTION #4043 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 Gilbert Texas Construction Corporation to construct emergency and terminal apron access roads at the Lubbock International Airport, 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 17th 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 17, 1992 Page 1051 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 17th 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 Gilbert Texas Construction Corporation of the City of Round Rock, County of Williamson, 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. 12290--Terminal Apron & Emergency Access Roads (Lubbock International Airport) in the amount of $1,424,603.00 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/ Bern E. Case ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Harold Willard Gilbert Texas Construction Corp. /s/ Allen R. Kearns CONTRACTOR Secretary By: /s/ Keith N. Sasich TITLE: Vice President COMPLETE ADDRESS: Gilbert Texas Construction Corp. 800 Paloma Drive, Suite 160 Round Rock, Texas 78664 Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4043 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1052 92-51B-1052-722 (25.) BID #12339--Public Access Roadway -Lake Alan Henry, and authorize same (Water Utilities). RESOLUTION #4044 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Williams & Peters Construction to construct the public access roadway to Lake Alan Henry, Justiceburg, Garza County, 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 17th day of December, 1992. F.'AaitlIF /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Acting Purchasing Manager flaa.111041 o c u /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 17th 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 William & Peters Construction Co., 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: December 17, 1992 Page 1053 BID NO. 12339--Public Access Roadway Lake Alan Henry (Water Utilities) in the amount of $433,729.45 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/ Dan Hawkins ATTEST: /s/ Betty L. Williams Secretary COMPLETE ADDRESS: 92-51B-1053-723 (17.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Williams & Peters Construction Co. CONTRACTOR By: /s/ Carlton Peters TITLE: Vice President Williams & Peters Construction P.O. Box 3907 Lubbock, Texas 79452 Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4044 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9572--Zone Case #2460-H (west of Memphis from 75th Street to 77th Street) --Request of David 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. December 17, 1992 Page 1054 92-51B-1054-724 (18.) Councilmember Ince recused from discussion and voting on this item. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9572 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Ince recused. from C-4, subject to conditions to C-4 on Lots 1-A and 2-A. 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. 92-51B-1054-725 (19.) At the December 10, 1992 meeting, Council agreed to hold second reading on this item until a later date; therefore it was deleted from this agenda. ORDINANCE #9567--Ordering a Special Election to be 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. This item was considered at the December 16, 1992 meeting; therefore it was deleted from this agenda. December 17, 1992 Page 1055 LIw 92-51B-1055-726 (26.) zoning change from R-1, A-1, C-2 and C-3 to R-1, C-2 and C-3 on tracts 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. 92-51B-1055-727 (27.) 92-51B-1055-728 (28.) Councilmember Neugebauer recused from discussion and voting on this item. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9573. Motion carried: 6 Yeas; 0 Nays--Councilmember Neugebauer recused. Zone Case No. 1708-A (southeast corner of 24th and No hearing was held because the proponent withdrew this zone case prior to the meeting. Hold a Public Hearing for the Fiscal Year 1993 Annual Plan of the Comprehensive Housing Affordability Strategy (CHAS). Mayor Langston opened the public hearing at 10:58. Sandy Ogletree, Community Development Coordinator, presented the staff comments concerning the Comprehensive Housing Affordability Strategy (CHAS) Fiscal Year 1993 Annual Plan. She noted two problems with development of the plan: 1) HUD did not release the final regulations for the 1993 CHAS until mid -September 1992, and 2) 1990 Census information concerning housing is still very limited. She explained the purpose of the CHAS, summarized the data used in developing the plan, and reviewed the goals of the plan. According to staff memo, in accordance with the requirements of the Cranston -Gonzalez National Affordable Housing Act of 1990, the Community Development Department prepared a draft Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Plan for review and comment by the public prior to its submission to the U. S. Department of Housing and Urban Development on December 30, 1992. December 17, 1992 Page 1056 The CHAS is a comprehensive planning document that identifies Lubbock's overall needs for affordable and supportive housing and outlines a strategy to address these needs. An approved CHAS is required before HUD will consider applications for funding under the FY 1993 program. As part of the submission process, the City Council conducts one public hearing give citizens an opportunity to comment on the draft CHAS. A Notice of Availability for Public Review and Comment was published in the Lubbock Avalanche - Journal on November 29, 1992, which summarized the draft CHAS Annual Plan and invited interested parties to comment either in writing or at the public hearing. In addition, a copy of the draft Annual Plan was mailed directly to area organizations involved in housing and social services. The Annual Plan covers the period from October 1, 1992 to September 30, 1993. This Annual Plan must set forth a specific plan of investment of use of housing funds expected to be made available during the 1993 Federal Fiscal Year. It must also determine goals for individuals and households to be served and must describe the implementation plan guiding these activities. The Annual Plan continues to utilize the goals and strategies established in the FY 1992 CHAS. These five-year and annual goals are divided into two basic categories: General Housing and Special Population Needs. The following are strategies which have been adopted to address each of the needs. General Housing Needs: 1. Provide resources to preserve the existing housing stock for very low and low income households. 2. Provide adequate rental housing opportunities for very low income renters. 3. Provide and promote home ownership opportunities for low income home buyers. SSgecial Population Needs: 4. Provide transitional service enriched housing for homeless families and families at -risk of becoming homeless. 5. Provide accessible service enriched facilities for adolescents and youth. 6. Provide a service enriched facility for temporary care of the elderly and handicapped. December 17, 1992 Page 1057 Included in the Annual Plan are descriptions of the projects which are designed to address each of the five-year strategies and will serve as a guide in targeting resources in the coming year. Councilmember Neugebauer asked if HOPE III is the program where Lubbock got more funding than it requested. Ms. Ogletree replied affirmatively, relating that Lubbock asked for $300,000, received $1 million, and matched that to $1.3 million with the Indiana Avenue houses. Councilmember Patterson asked about the size of the student population in Lubbock. David Buckberry replied that students total about 25,000, with 6,000 living on campus. Sherry Hurst, member of the ADA Task Force, addressed the Council. She reviewed the general provisions of the Americans with Disabilities Act, then expressed concerns with the text of the draft report. She asked the Council not to exclude people with disabilities from participation in programs for other targeted groups to which they might also belong. She then noted several specific questions concerning the text of the document. Councilmember Neugebauer asked that Ms. Hurst's comments be incorporated into the final document sent to HUD. He also suggested that the document be reviewed by the ADA Task Force. Mayor Langston closed the public hearing at 11:25 a.m. December 17, 1992 Page 1058 92-51B-1058-729 (29.) Comprehensive Housing Affordability Housing Strategy (CHAS). RESOLUTION #4045 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 the Certifications for the FY 1993 Annual Plan for the Comprehensive Housing Affordability Strategy (CHAS) and related documents. Said Certifications and related documents are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 17th 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/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the CHAS Grant Application is filed with Resolution No. 4045. As part of the submission of the FY 1993 Comprehensive Housing Affordability Strategy (CHAS) Annual Plan, the regulations require that jurisdictions must certify that they will affirmatively further fair housing and that they are in compliance with the Residential Antiplacement and Relocation Assistance Plan. Staff recommended approval of these required documents for their submission to HUD. Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tem Trejo to authorize Resolution #4045, approving the draft 1993 Annual Plan and 1992 Performance Report recommended by staff subject to and including any comments made at the public hearing. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1059 92-51B-1059-730 (30.) Organization) of the Lubbock Urban Transportation Study. RESOLUTION #4046 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 said City an agreement to be entered into by and between said City and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization) concerning administration of the Unified Planning Work Program approved by the State of Texas and United States Department of Transportation, respectively 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 17th day of December, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary � I APPROVED AS TO CONTENT: L/s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 4046. Jim Bertram presented the staff comments. He reviewed the major provision of the contract, noting that it is a six year contract renewable for six more years. Funds will be provided for work performed by the City in administering and developing the Unified Planning Work Program and Transportation Improvement Programs. According to staff memo, the Governor of Texas has designated the Metropolitan Planning Organization (MPO) to be the single -focus transportation planning organization for the Lubbock urbanized area and has executed an agreement to effectuate the designation. On September 8, 1992, the MPO entered into a contract with the State of Texas (Texas Department of Transportation) to assume the responsibility for work items included in the Unified Planning Work Program to be funded through Sections 8 and 112 of the Intermodal Surface Transportation Efficiency Act. December 17, 1992 Page 1060 The current Unified Planning Work Program has been approved by the State and the U. S. Department of Transportation (Federal Highway Administration and Federal Transit Administration). The MPO will make available to the City the Section 8 and Section 112 funds in payment for work performed by the City in administering the current Unified Planning Work Program as well as developing and implementing future Unified Planning Work Programs and Transportation Improvement Programs. The major provisions of the contract are itemized below: 1. The term of the contract is six years. If at the end of six years, no major revisions to the contract are necessary, a letter from the MPO to the City will renew the agreement for an additional six years. 2. The City must provide a Transportation Planning Director for the MPO. To comply with this provision, the City must employ a full-time transportation planner. This new position will be funded in its entirety with federal and state funds. The position will have no cost to the City. 3. The amount of federal and state planning funds for Fiscal Year 1993 is $328,870.00. This amount includes the funding for the transportation planner position. The amount of planning funds for future years will depend upon the size of the work order issued by the State through the MPO. Since the inception of the Federally -mandated urban transportation planning process, the local district office of the Texas Department of Transportation (TxDOT) has provided the staff support for the MPO. Subsequent to the passage of the Intermodal Surface Transportation Efficiency Act, TOOT, on a statewide basis, is transferring this work to the cities within the urbanized areas of the district. Approval of this contract is recommended to enable the City to provide staff support to the MPO at no cost to the City. Councilmember Neugebauer noted that it is unusual for the federal government to shift responsibilities to the city and send money to fund them. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution #4046 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1061 92-51B-1061-731 (31.) Consider Resolution #4047 authorizing the Right -of - Way Department to make an offer to H.E. Cone, Marie RESOLUTION #4047 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 operation, improvement, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces and guy wires and necessary apparatus and appliances in connection therewith essential to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public and municipal purposes, together with the rights of ingress, egress and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 10 foot wide Overhead Electrical Utility Easement out of Section 16, Block E-2, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 89059117" W. a distance of 1415.54 feet and S. 00000'43" W. a distance of 55.00 feet from the Northeast corner of Section 16, Block E-2, Lubbock, Lubbock County, Texas. Same point also is the Southwest corner of existing Street Dedication Deed as recorded in Volume 1898, Page 3 of the Deed Records of Lubbock County, Texas; THENCE N. 89059'17" W., an approximate distance of 1225.00 feet to a point which bears South, a distance of 55.00 feet from the Northeast corner of the Northwest 1/4 of Section 16, Block E-2. Same point is also the Southeast corner of existing Street Dedication Deed as recorded in Volume 2075, Page 248 of the Deed Records of Lubbock County, Texas; THENCE North a distance of 10.00 feet to a point; THENCE S. 89059'17" E., an approximate distance of 1225.00 to a point; THENCE S. 00000'43" W. a distance of 10.00 feet to the POINT OF BEGINNING. December 17, 1992 Page 1062 SECTION 2. THAT the owners of said land being H. E. CONE and wife, MARIE B. CONE, CONE FARMS, and MARY CONE LEWIS TRUST, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,200.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, Texas, 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 the easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 17th 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 Department APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Jim Bertram presented the staff comments. According to staff memo, this resolution authorizes the Right -of -Way Department to offer Dr. H. E. Cone and others $1,200 for a 10' X 1,225' construction and overhead electrical easement located adjacent to the south right-of-way line of 98th Street, between Salisbury Avenue west to the half section line, just east of Utica Avenue. This is for an LP&L powerline which will upgrade the service to the Lakeridge Addition to prevent power loss during bad weather. The city's original offer to Dr. Cone was $900, and after some negotiating, he agreed to $1,200. Staff recommended an offer of $1,200 to Dr. Cone for this easement. Councilmember Neugebauer commended the city staff for its negotiations on this contract. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4047 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1063 92-51B-1063-732 (32.) ORDINANCE #9575 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION; SETTING FORTH GENERAL SPECIFICATIONS FOR BUILDING; DELETING DUPLICATIONS OF REGULATION; SETTING PERMIT AND FEE REQUIREMENTS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. David Jones, Director of Planning, presented the staff comments. According to staff memo, for the past 40 years Lubbock has followed the Uniform Code Series written and published by the International Conference of Building Officials as its standard for building construction, construction materials, structural design, and life safety. The Uniform Code is reviewed annually and updated to reflect new methods, new materials and new technology. Updates are published every three years. In reviewing the 1991 release of the Uniform Building Code, the following five areas are those the staff and the Building Board of Appeals feel need to be addressed: 1. Sec. 1201--A new definition and occupancy classification for a residential classification titled "Congregate" housing. This is designated for cities with colleges and universities where there has been an increase in non-traditional living arrangements. 2. Sec. 1201(e)4--Smoke detectors are now required in all sleeping rooms in residential construction. Prior to the 1991 update, smoke detectors were only required in the hallway of residential construction. 3. Sec. 1712--Reduces the spacing between rails in guardrails from 6 inches to 4 inches to protect children below 10 years of age from falling through the rails (particularly adapted to balcony applications). 4. Chapter 31 was added to address accessibility for the disabled. 5. Sec. 3305(J) has been added to clarify where and when elevators are required to be separated from one -hour exit corridors. Items 1, 2, 3 and 5 are fairly routine; however, Item 4 is more complex and there are several options that can provide the guidelines to follow in addressing accessibility for the disabled and subsequent enforcement. December 17, 1992 Page 1064 One specific issue pertaining to accessibility for the disabled is handicapped parking. Although there is general community interest in seeing that handicapped parking regulations are enforced, because there is no uniform policy, no uniform design standards and no authority to require handicapped parking, it has been difficult for Municipal Court to litigate these cases. The enforceability of handicapped parking requirements notwithstanding, the current heightened awareness concerning accessibility for individuals with disabilities makes this an issue to be addressed. In order to evaluate alternatives for uniform policy provisions, the following statutes which address handicapped accessibility were researched: 1. The 1992 annual conference of the International Conference of Building Officials approved certain amendments to Chapter 31. One of those was to adopt the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities (ADAAG) as the required design standards for ADA. While methods used to implement this compliance are usually left to the states and/or local communities, the design standards are mandated. 2. Another alternative authority that was considered with regard to the accessibility issue was the Elimination of Architectural Barriers Act of Texas, Article 9102, Vernon's Texas Civil Statutes, with "Rules and Regulations Including Accessibility Standards and Specifications". Originally, this Act adopted the Uniform Federal Accessibility Standards (UFAS) as its design standards but the Act was amended to require that the standards be consistent with ADAAG standards as adopted by ADA. As of September 1, 1992, the Texas Department of Licensing and Regulation was directed to initiate proceedings under the ADA to become certified as the state agency delegated to enforce the ADA. 3. A third alternative is Article 6675a-5e.1, Section 6A, Vernon's Texas Civil Statutes. It deals with handicapped parking requirements in the Texas Road, Bridge and Ferries Act. Since federal law would preempt this statute, no other action needs to be taken to resolve any conflict here. December 17, 1992 Page 1065 The adopted design standards for both Acts are applicable to all public entities, all public accommodations and all commercial facilities. The standards apply to all new construction and all substantial alteration. At issue during the review of all three statutes was the question, "who is responsible for enforcement"? The ADA clearly sets out that the Department of Justice is the federal enforcement agency. As of September 1, 1991 enforcement for the Acts under the state statutes was transferred from the General Services Commission to the Texas Department of Licensing and Regulation. For enforcement purposes persons who feel their rights have been denied would file a complaint with the Justice Department or with any other certified agency such as the State Department of Licensing and Regulation. The other alternative is for local enforcement. To accommodate this, the City would need to pass an ordinance specifying which portions of ADA are to be enforced. The Board considered the three options below as alternatives for implementing ADA. 1. Adopting Chapter 31, as amended, of UBC which adopts the ADAAG design standards and would make the City responsible for enforcing all standards. These standards apply to all new construction or any substantial alteration of public accommodations. 2. Adopting the Texas Architectural Barriers Act in Lieu of Chapter 31, which now contains the same ADAAG standards as ADA. 3. Adopting a local ordinance selecting which portion of the ADA requirements the City wishes to enforce. Staff's initial reaction was to recommend that the Board of Appeals adopt the 1991 Edition of the UBC including Chapter 31, as amended at the Annual Conference of International Conference of Building Officials in September. This recommendation was based on the premise that the city now has the opportunity, with Chapter 31, to accommodate the full range of accessibility issues. There is also a factor of risk, both from a political and liability point of view. Staff has the responsibility to try to accommodate these issues, and if staff does not respond to the fullest extent possible, there could be certain liability under the 1983 Civil Rights Act. December 17, 1992 Page 1066 There is a technical advantage in adopting Chapter 31 as amended. By definition of the Act, Lubbock is a Title II City with authority for enforcement for streets, roads and walkways already contained in the Act. The Engineering staff has been working on the issue of required curb ramps and the Legal Department is currently preparing a draft ordinance to establish the authority and implementation procedures to require curb cuts. Chapter 31 contains this authority and requirement and, if adopted, would eliminate a piecemeal approach to total ADA compliance. A technical advisory subcommittee which has been studying ADA implementation recommended that staff go with a roughened surface on curb ramps. The September adoption of the ADAAG standards includes this option but additional action on the city's part will be necessary to specify the preferred surface finish. The difficulty with adopting Chapter 31, as amended, is accepting the responsibility in some very unfamiliar areas. In addition, staff is unable to estimate manpower requirements and/or other costs. Adopting the second alternative, the Texas Architectural Barriers Act, has no advantage since it contains the same design specifications as ADA. The City's third alternative is to specify its own level of enforcement which would require several ordinances. This alternative is consistent with the way staff is presently operating and involves the creation of an ordinance which specifically sets out the ADAAG standards that staff currently inspect, with the addition of handicapped parking, signage and curb ramps. The Board of Appeals, at the urging of the West Texas Home Builders Association and several independent contractors, voted to delete Chapter 31 from the UBC and to adopt the city's own level of enforcement, and this is staff's recommendation as well. The ordinance recommended by Staff and the Building Board of Appeals places the 1991 Edition of the UBC in force without Chapter 31. Instead of Chapter 31, the ordinance continues enforcement of accessibility to sanitation facilities and adds enforcement of accessibility to handicapped parking, signage and curb ramps. It applies only to those -handicapped spaces created after January 1, 1993. It also does not mandate that these spaces be installed but ADAAG/ADA specifications be observed when they are installed. The responsibility for enforcement shifts to the private sector working through the Justice Department. The ordinance also contains authority to increase fees for commercial plan reviews and adds a liability insurance and proof of ownership requirement in certain instances where a property owner builds his or her own home. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9575 as recommended by Staff and the Building Board of Appeals. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1067 92-51B-1067-733 (33.) Edition. ORDINANCE #9576 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "PLUMBING CODES" BY ADOPTING THE UNIFORM PLUMBING CODE, 1991 EDITION; PROVIDING FOR A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Jones, Director of Planning, presented the staff comments. According to staff memo, upon review and discussion of the Uniform Plumbing Code, the Plumbing and Mechanical Board recommended adoption as written. No substantial changes noted from the previous addition. Staff recommended approval. David Branson of the Plumbing and Mechanical Board appeared to present the Board's recommendation that the Uniform Plumbing Code be adopted. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9576 as recommended by Staff and the Plumbing and Mechanical Board. Motion carried: 7 Yeas; 0 Nays. 92-51B-1067-734 (34.) Consider Ordinance #9577 to amend Chapter 6. Article Tit -1 +6^ r-a- ^F n-A4---^--4-4-1^A 11U-6-4-ftl ORDINANCE #9577 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE IV OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "MECHANICAL CODE" BY ADOPTING THE UNIFORM MECHANICAL CODE, 1991 EDITION; PROVIDING FOR A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Jones, Director of Planning, presented the staff comments. According to staff memo, upon review and discussion of the Uniform Mechanical Code, the Plumbing and Mechanical Board recommended adoption as written. No substantial changes noted from the previous addition. Staff recommended approval. David Branson of the Plumbing and Mechanical Board appeared to present the Board's recommendation that the Uniform Mechanical Code be adopted. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9577 as recommended by Staff and the Plumbing and Mechanical Board. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1068 92-51B-1068-735 (35.) Consider Ordinance #9578 to amend Chapter 11, Article III, of the Code of Ordinances entitled "National Fire Codes" by adopting the National Fire Code, 1991 Edition. ORDINANCE #9578 AN ORDINANCE AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "NATIONAL FIRE CODES," BY ADOPTING THE 1991 EDITION OF THE NATIONAL FIRE CODES, SAVE AND EXCEPT NFPA 1, AND ADOPTING THE 1991 EDITION OF THE UNIFORM FIRE CODE IN PLACE OF NFPA 1; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 92-51B-1068-736 (36.) David Jones, Director of Planning, presented the staff comments. According to staff memo, the Building Board of Appeals recommended Council approval for adoption of the 1991 Edition of the National Fire Code, except for the volume titled National Fire Protection Association-1 (NFPA-1). In place of NFPA-1 the Board recommended the 1991 Edition of the Uniform Fire Code. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9578 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Ordinance #9579 to amend Chanter 16, Article VIII, of the Code of Ordinances entitled ORDINANCE #9579 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO UNIFORM MARKING OF PARKING SPACES FOR PERSONS WITH DISABILITIES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. David Jones, Director of Planning, presented the staff comments. According to staff memo, these two amendments were recommended by the Legal Department to make enforcement or implementation of the Traffic Code consistent with the handicapped accessibility recommendations made in the Building Code and to establish a cross reference. Both amendments state that each will conform to rules and regulations promulgated under the ADA. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9579 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1069 92-51B-1069-737 (37.) ORDINANCE #9580 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "STREETS AND SIDEWALKS," PROVIDING FOR NEW CURB RAMP STANDARDS AND ADOPTING UPDATED "STANDARD DETAILS;" PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. David Jones, Director of Planning, presented the staff comments. According to staff memo, this amendment satisfies the ADA requirement to specify installation of curb ramps. It is recommended by the Engineering Department and the Technical Advisory Subcommittee studying implementation of ADA. This ordinance requires that curb ramps be constructed at all locations where sidewalk construction or repair is a part of the building permit except in residential subdivisions developed before January 26, 1992. In those subdivisions, ramp construction would not be required on streets adjacent to R-1 or R-2 zoned property. Future ramp construction on those streets will be done by the City according to the ADA Transition Plan. This code change will require all new street paving in future subdivisions to have down -curb sections in the radii of the intersections to allow curb ramp construction with the installation of sidewalks. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9580 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1070 92-51B-1070-738 (38.) RESOLUTION #4048 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 an on behalf of the City of Lubbock a Grant Application and related documents for the Small Business Administration National Tree Planting Program administered by the Texas Forest Service on a cost -sharing basis, 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 the Resolution as if fully copied herein in detail. Passed by the City Council this 17th 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 & Recreation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 4048. Rita Harmon, Assistant City Manager for Public Safety and Services, presented the staff comments. She noted that this is the second grant the city has received under this program. According to staff memo, Keep Lubbock Beautiful, Inc. is seeking funds to implement an Urban Reforestation Project within the City of Lubbock and will receive $15,500 from the Small Business Administration to help support the program. A local in -kind match of $15,500 is provided by the City of Lubbock through personnel salary, fringe benefits, equipment, planting and staking supplies, mulch, and hardware for the installation of a drip irrigation system. The purpose of the Small Business Administration funded National Tree Planting Program Grant is to plant trees on land owned or controlled by the State or local government by obtaining services and supplies from small business owners. The Texas Forest Service has been designated by Governor Ann Richards to administer this program in Texas. December 17, 1992 Page 1071 L.. SBA funds will provide for the planting and maintenance of approximately 140 trees in five park sites (Berl Huffman Athletic Complex and Helen Hodges, Leroy Elmore, Mose Hood, and Buster Long Parks). Each park will receive approximately 25 trees. Average caliper of trees will be 2 112" to 3" with an average height of 8' to 12'. Trees will be planted and cared for by Parks and Recreation maintenance staff. This is the second grant received from the Small Business Administration National Tree Planting Program Grant. The first grant received, which was for $19,800, provided for the planting of 125 trees throughout six park sites (Dupree, Jennings, Lusk, Mae Simmons, Smith and Berry Parks). Key Provisions 1. The local government is required to pass a resolution authorizing the appropriate representative to execute agreements associated with the grant request and committing that agency to providing its share of the cost of the project as described in the grant application. 2. Once the applicant has accepted the grant in writing, it is the responsibility of the applicant to ensure that all agreements are fully executed within a period of 45 days after the date of award. 3. The Texas Forest Service will execute all necessary agreements. Funds for individual grants will not be released until all required agreements have been executed. Ultimately, the program will enhance the quality of recreational and leisure opportunities in the community by improving the quality and aesthetics in the existing park system. Staff recommended that the Council approve the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4048 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1072 92-51B-1072-739 (39.) Consider Resolution #4049 authorizing the Mayor to sign an agreement with the Texas Department of Transportation for a Landscape Cost Sharing Program for the I-27/Atzlan/Mackenzie Park connection. RESOLUTION #4049 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 an on behalf of the City of Lubbock a Grant Application and related documents for the 1992-1993 Landscape Cost Sharing Program administered by the Texas Department of Transportation on a cost -sharing basis, 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 the Resolution as if fully copied herein in detail. Passed by the City Council this 17th 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 & Recreation F.11 ...1 r 411.&Mfe71111R5 /s/ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Lubbock, acting through its duly authorized officials, as evidenced by Resolution or Ordinance Number 4049, dated December 17, 1992, hereinafter called the "City". WITNESSETH WHEREAS, the State owns and maintains a system of highways, including Interstate Highway 27, in Lubbock County, Texas, for public use and benefit; and WHEREAS, the City has requested State participation in a 1992-1993 Landscape Cost Sharing Program project along Interstate Highway 27 at the Atzlan/Mackenzie Park Link hereinafter called the "Project", and as shown on the attached EXHIBIT A; and December 17, 1992 Page 1073 WHEREAS, the City has committed to cooperating with the State by providing a total non -cash contribution of $56,161.00 toward the completion of the Project, which sum represents the agreed, fair -market, non -cash value for providing the Project Design Plan, for labor and equipment to fully install all landscape plant material, for materials, labor and equipment to fully install an automatic irrigation system, and for Project maintenance and establishment activities for a period of twenty-four consecutive months; and WHEREAS, Texas Transportation Commission Minute Order 101601, dated October 28, 1992, attached hereto and labeled EXHIBIT B authorizes the State to cooperate with the City in the development of the Project by providing State funds which will be used to purchase landscape plant material in accordance with the Project Design Plan; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto be by them respectively kept and performed as hereinafter set forth, the State and the City do mutually agree as follows: AGREEMENT ARTICLE 1. Term of Agreement. This Agreement becomes effective when finally executed (signed) by the State and shall terminate upon satisfactory completion of the work as called for in the Project Design Plan and as stipulated within this Agreement, unless otherwise terminated as provided hereinafter. ARTICLE 2. Project Design Plan. The City shall prepare and furnish the Project Design Plan. The Project Design Plan shall contain plans and specifications, as may be required by the State to purchase the landscape plant material for the Project. The Project Design Plan shall be incorporated into this Agreement by reference. ARTICLE 3. Project Funding. The total estimated cost of the Project is $78,345.00, and shall be funded jointly by the State and the City. State funds in an amount estimated not to exceed $22,184.00 will be utilized to purchase landscape plant material. The City's total non -cash contribution is $56,161.00 and represents the agreed, fair -market, non -cash values of $2,800.00 for furnishing the Project Design Plan, of $10,564.00 for labor and equipment to fully install the landscape plant material, of $33,000.00 for materials, labor and equipment to fully install the automatic irrigation system, and of $9,797.00 for Project maintenance and establishment activities for a period of twenty-four consecutive months following the completion of the Project installation. ARTICLE 4. Responsibility of the Parties. A. The City agrees to: 1. Indemnify and save harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person, or by any abutting, adjoining or other property in consequence of any neglect in the peformance, or failure of performance of the City, its agents and employees under this Agreement, to the extent allowed by State Law. December 17, 1992 Page 1074 2. Indemnify, defend and hold the State harmless from any and all claims and lawsuits by third parties arising from, or incident to the performance, or failure of performance of the City, its officers, employees or agents under this Agreement to the extent allowed by State Law. The City shall defend all suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the State shall have the right, at it's option and expense, to participate in the defense of any suit, without relieving the City of any obligation hereunder. 3. Provide the Project Design Plan and landscape plant material specifications. 4. Furnish all labor and equipment required to fully install the landscape plant material supplied by the State. This shall include but not be limited to the following general requirements: a. Excavation of planting holes of a minimum width of two times the diameter of the root ball or container for the various size trees and shrubs being installed. b. Removal of all unsuitable base material encountered and the replacement with select quality topsoil, organic soil amendments, fertilizers and/or root stimulator. C. Forming of watering basins or saucers of a diameter equal to the diameter of the planting holes and of sufficient depth to contain an adequate amount of water to be applied on a regular basis. d. Placing an organic mulch material of a minimum depth of two inches within the basin or planting bed to aid in soil moisture retention. e. Staking or guying of all trees greater than seven feet in height. 5. Furnish all materials, labor and equipment required to fully install an automatic irrigation system in accordance with the Project Design Plan. b. Perform to the satisfaction of the State, Project maintenance and establishment activities. These activities shall begin immediately following the installation of all Project elements and continue for a minimum period of twenty-four consecutive months. These activities shall include, but shall not be limited to the following general requirements: a. Regularly maintain trees and shrubs to include pruning, fertilization, and pest removal as necessary. b. Regularly monitor soil moisture around the root balls, and apply adequate water as necessary to maintain plant material in a healthy, viable condition. C. Replace plant material as may be reasonably required to insure that the intent and features of the Project Design Plan are maintained. December 17, 1992 Page 1075 d. Regularly maintain watering basins or saucers free from weeds and grass, and mow turf in a minimum radius of three feet beyond the outer perimeter of basins. e. Reapply organic mulch as necessary to maintain the minimum two inch layer specified under plant installation requirements. f. Regularly monitor the automatic irrigation system and make adjustments and repairs in a timely manner to insure that the system functions as designed. 7. Furnish, erect and maintain any barricades, signs and traffic handling devices, in accordance with the latest Manual of Uniform Traffic Control Devices, and to the satisfaction of the State, as may be required to protect the safety of the travelling public while performing any work on the project under this agreement. B. The State agrees to: 1. Obligate State funds in the amount of $22,184.00 which will be utilized to purchase landscape plant material in accordance with the Project Design Plan and the specifications. 2. Prepare and submit requisitons for landscape plant material in accordance with existing statutes relating to the purchas of material with State funds. 3. Furnish material, after receipt, to the City. 4. Cooperate with the City to determine requirements for barricades, signs and traffic handling devices to be used by the City during the installation and maintenance of the Project. ARTICLE 5. Overruns/Underruns. The State will make recommendation of award for the bid or bids received for required landscape material as follows: 1. If, after receiving bids for required landscape material, the cumulative total of the lowest bid or bids exceeds $22,184.00, the State, in order to insure that available State funds are not exceeded, and at its sole option, may reject any or all bids, revise the quantity of landscape material to be furnished and resubmit the bids. 2. If, after receiving bids for required landscape material, the cumulative total of the lowest bid or bids does not exceed $22,184.00, the State will recommend award of the bid or bids. Unless, in the sole opinion of the State, it is determined that the furnishing of additional landscape material with any remaining State funds is in the best interest of the Project, the State will not purchase landscape material in excess of the quantity requested by the City in the City's proposal and as shown in the Project Design Plan as would be necessary to insure the full amount of State funds obligated for this Project is expended. ARTICLE 6. Disputes. Should disputes arise as to the party's obligations under this Agreement, the State's decision shall be final and binding. December 17, 1992 Page 1076 ARTICLE 7. Amendments. Changes in time frame, character, cost or be enacted by written amendment. All amendments be executed by both parties within the contract Article 1. ARTICLE 8. Successors and Assigns. obligations herein shall to this Agreement must period specified in The State and the City shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the other party, and any prohibited assignment or transfer shall be null and void. ARTICLE 9. Remedies. Violation or breach of contract terms by the City shall be grounds for terminatin of the Agreement, and any increased cost arising from the City's default, breach of contract or violation of terms shall be paid by the City. This Agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 10. Insurance. At the time of execution (signature) of the Agreement by the City, the City shall attach required insurance documentation to each Agreement counterpart. If the City is a self -insured entity and performs any work on the Project with City Forces, the City shall extend the protection of its self-insurance to the State for any and all damages and injuries arising from the City's performance under this Agreement. If the City is a self -insured entity and performs any work on the Project with City Forces, the City shall furnish the State with a completed Certificate of Insurance (TxDOT Form 20.102), and label such documentation EXHIBIT C. If the City performs any work on the Project through a contractor or contractors selected through the City's low -bid procedure, the City shall require its contractor or contractors to furnish the State with a completed Certificate of Insurance, (TxDOT Form 20.102), and shall insure the contractor or contractors maintain such insurance during the term of the Agreement. ARTICLE 11. Gratuities. Texas Transportation and Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received advanced written approval of the Texas Department of Transportation Executive Director. Any person doing business with or who may reasonably speaking do business with the State under this contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this contract. ARTICLE 12. Termination. This Agreement may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties. B. By either party upon thirty days written notice to the other party. December 17, 1992 Page 1077 ►w C. By either party, upon the failure of the other party to fulfill its obligations as set forth in this Agreement. D. By satisfactory completion of all services and obligations described herein. Should the City terminate this Agreement, as prescribed hereabove, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN TESTIMONY WHEREOF, the State and the City have executed duplicate counterparts to effectuate this Agreement. THE CITY OF LUBBOCK By:/s/ David R. Langston David R. Langston, Mayor Date: December 17, 1992 ATTEST: /s/ Sally Still Abbe Sally Still Abbe Acting City Secretry APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks & Recreation /s/ Harold Willard Harold Willard Assistant City Attorney THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Roger G. Welsch, P.E. Associate Executive Director Field Operations Date: Park Development Superintendent Carlos Vigil presented the staff comments. He explained that this is a joint project between the City and State for landscaping in the I-27/Atzlan/Mackenzie Park area. Using site plans, he detailed the proposed improvements for this area. According to staff memo, the State Highway and Public Transportation Commission established the Landscape Cost Sharing Program in 1989 and set aside state funds to be used to share in the cost of joint beautification projects throughout Texas. This project will develop a landscaped link between Atzlan Park and Mackenzie Park in the ROW. under Interstate 27. Development of this corridor is a portion of the Canyon Lakes greenbelt and will include tree planting, shrubs and ground cover and sidewalk extensions. The total estimated cost of the project is $78,345.00, and it will be funded jointly by the State and the City. The State will provide $22,184; the City's total contribution is $56,161 and represents $35,000 plus non -cash in -kind values representing a two-year maintenance agreement. The City's $35,000 has been provided in the 1992-93 Parks Capital Project Budget. December 17, 1992 Page 1078 Key Provisions 1. The project will develop a landscaped link between Atzlan and Mackenzie Parks at I-27. The development will include planting 75 trees, shrubs and the sowing of grass seed. 2. The City's contribution of $56,161 represents the agreed, fair -market, non -cash value for providing the project design plan, labor and equipment to fully install all landscape plant material, labor and equipment to fully install an automatic irrigation system, and project maintenance and establishment activities for a period of twenty-four consecutive months. The Atzlan/Mackenzie Corridor Development will be another improvement to the Canyon Lakes greenbelt. Staff recommended approval. Councilmember Aderton asked if you will eventually be able to travel from Lake 1 to Lake 6. Mr. Vigil answered that those connections are planned. Councilmember Neugebauer asked if the entire project will be irrigated. Mr. Vigil replied that only the planting areas will be irrigated. Councilmember Neugebauer expressed concern that current Highway Department landscape projects do not have adequate commitment, and that he wants the project to be funded adequately to create an area that the city can be proud of. Mayor Langston concurred with Councilmember Neugebauer's statement. Councilmember Cooke inquired if this area is a vehicular entrance to the park. Mr. Vigil replied that it is not. Councilmember Patterson asked if this project would take several years. Mr. Vigil responded that planting will be done in the spring of 1993. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to authorize Resolution #4049 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-1078-740 (40.) Consider Resolution #4050 to revive and reorganize the Lubbock Municipal Arts Committee. RESOLUTION #4050 WHEREAS, in 1984 the City Council of the City of Lubbock passed a Resolution creating a Lubbock Municipal Arts Committee which served as an advisory body to the Council on matters concerning the selection and placement of art in or on City -owned facilities and property; and WHEREAS, the Lubbock Municipal Arts Committee has been inactive and has not functioned as an advisory body to the Council for some time; and December 17, 1992 Page 1079 WHEREAS, the City Council of the City of Lubbock desires to expand the opportunities for Lubbock citizens to experience and benefit from art works in public places of the City, and further 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 these public places; and WHEREAS, the City Council believes that it can best achieve the above objective by reviving and reorganizing the Lubbock Municipal Arts Committee and by expanding the scope of that organization's duties; and WHEREAS, the City Council also believes that reviving and reorganizing the Lubbock Municipal Arts Committee would be in the best interest of the citizens of this City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Lubbock Municipal Arts Committee is hereby reestablished and, in addition to having those duties and responsibilities that are specifically described herein, shall serve as an advisory committee to the City Council upon matters concerning the selection and placement of art in or on City -owned facilities and property. SECTION 2. THAT the Committee shall be composed of nine (9) members, appointed by the City Council. Of the initial members appointed to the Committee, four (4) shall serve three (3) year terms and five (5) shall serve two (2) year terms. Thereafter, all appointments shall be for two (2) year terms. The membership shall be composed of the following representatives: one (1) member shall be a member of the Lubbock Cultural Affairs Council; and eight (8) members shall be representatives of the art community, including local art educators, artists, curators, gallery owners and operators, or other individuals with an active interest in the arts, including representatives of the Fine Arts Center and the Garden and Arts Center. In the event a request or proposal is being considered which would affect a department, facility, or neighborhood, the Committee may create an ad hoc committee which includes one or more members of such department, facility, or neighborhood. The ad hoc committee shall exist only for a period of time necessary to consider such request or proposal. The chairman and rules of conduct of meetings of the Committee shall be determined by the members of the Committee, which shall meet as often as necessary. SECTION 3. THAT the Committee shall have the following responsibilities: A. Develop selection criteria and evaluation procedures, with the assistance of the City staff, to be used to determine the suitability of donated art and to select art objects and artists for any works to be commissioned by the City. Such criteria shall be presented to the City Council for final approval. B. Convene selection panels as needed and invite professionals in the visual arts and design fields to serve in the selection process in order to ensure works of the highest quality, community participation in the selection process and public education activities as part of public art projects. C. Act as a central clearinghouse and coordinating agency for the placement of art in or on City facilities or property, including the interior of City -owned buildings, public conference rooms, corridors and reception areas and City -owned real estate. December 17, 1992 Page 1080 D. Review the suitability of donated art, recommend acceptance or refusal, recommend an appropriate location for such art, and present such recommendations to the City Council for approval. E. Recommend to the City Council the selection of art objects and artists on all art works to be commissioned by the City. F. Coordinate with departmental advisory boards and departmental personnel on the placement of art on or in City facilities or property within each such department's area of responsibility. G. Make recommendations to the Parks & Recreation Board concerning exhibition policies for art works at the Fine Arts Center and the Municipal Garden and Arts Center. H. Make recommendations to the Parks & Recreation Board concerning the promotion of the Fine Arts Center and the Municipal Garden and Arts Center so as to afford all citizens an opportunity to benefit from the fullest realization of Lubbock's cultural and educational resources. I. Make recommendations to the City Council on the use of funds placed in a permanent fund for municipal public art to be established by the City and accept donations to such fund. All expenditures from such fund must be approved by the City Council. J. Coordinate with the City of Lubbock Parks and Recreation Board regarding the placement of memorials in public parks. K. Ensure over time that the City's collection of art works represents a broad range of artistic styles, tastes and media, and that such collection does not support exclusively art works of any one particular school, style, taste or medium, and that it takes into consideration affirmative action. L. Develop and make recommendations regarding a Comprehensive Municipal Public Art Plan and update it as necessary. SECTION 4. THAT at the end of six (6) years, the work of the Committee shall be reviewed by the City Council to determine if a need for the Committee continues to exist. Passed by the City Council this 17th 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 Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney December 17, 1992 Page 1081 Rita Harmon, Assistant City Manager for Public Safety and Services, presented the staff comments. According to staff memo, the City Council passed a resolution in 1984 creating a Lubbock Municipal Arts Committee (LMAC) which was 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 and has not functioned as an advisory committee to Council for some time. In 1990, the Municipal Garden and Arts Center Advisory Committee (MGACAC) was created and established as an advisory committee to the Park and Recreation Board (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. Additional responsibilities included reviewing the Center's rental rates, fundraising practices, exhibition policies, and long-range capital improvement programs. At the end of the first year, the Council was to review the work of the Advisory Committee to determine if the need for such a committee to the Park and Recreation Board still existed. The Parks and Recreation staff wishes 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 and on municipal facilities, staff recommended that there be one committee designated for that purpose. The duties of the Lubbock Municipal Arts Committee would 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 met and discussed reviving and reorganizing the Lubbock Municipal Arts Committee. The Parks Board unanimously agreed to endorse reestablishing LMAC. The duties of the Municipal Garden and Arts Center Advisory Committee could be consolidated into the Lubbock Municipal Arts Committee and the Park and Recreation Board, and MGAC would thus be eliminated. The first step necessary in eliminating the Garden and Arts Center Advisory Committee was to amend the ordinance creating the board as an advisory committee of the Park and Recreation Board. First reading of the ordinance was passed during the December 10, 1992 Council meeting. Second reading was approved this date (Item #20 of these minutes). The Park and Recreation Board will now assume the responsibility for setting rental rates and recommending capital improvements for the Garden and Arts Center as they do with other park facilities. December 17, 1992 Page 1082 This resolution is for reestablishment of the Lubbock Municipal Arts Committee, with duties including reviewing the exhibition policies of the Lubbock Municipal Garden and Arts Center. The revived Lubbock Municipal Arts Committee will be composed of nine members appointed by Council who will serve two year terms. Membership will be composed of the following representation: Lubbock Cultural Affairs Council (1); members from the art community (i.e., artists, local art educators, curators, gallery owners/operators, Fine Arts, Garden and Arts, and others) (8). Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution #4050 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-1082-741 (41.) Consider Resolution #4051 appointing a Health Director for the City of Lubbock Health Department. RESOLUTION #4051 WHEREAS, Section 121.033(a) of the Texas Health and Safety Code states that a governing body of a municipality shall appoint the director of the municipality's local health department; and WHEREAS, the City Council of the City of Lubbock desires to make said appointment as required by law; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Doug Goodman, Public Health Administrator, is hereby appointed the director of the City of Lubbock Health Department until such time as a successor may be appointed, which appointment of a successor is hereby delegated to the City Manager of the City of Lubbock pursuant to Section 121.033(c) of the Texas Health and Safety Code. Passed by the City Council this 17th 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 Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney December 17, 1992 Page 1083 OATH OF OFFICE I, Steven Ellsworth, M.D. do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Health Authority of the City of Lubbock and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment. So help me God. /s/ Steven Ellsworth S105 Thompson Hall TTUHSC Lubbock, TX 79430 (806) 743-2486 Sworn to and subscribed before me this 3rd day of December, 1992. /s/ Darlene Thorne Notary Public, Lubbock, County, Texas. CERTIFICATION OF APPOINTMENT I, David R. Langston, do hereby certify that on the 17th day of December, 1992, Steven Ellsworth, M.D., a physician licensed by the Texas Board of Medical Examiners, was duly appointed the Health Authority of Lubbock, Texas, for the term to begin on December 17, 1992 and end on December 17, 1994, unless said authority is removed by law. /s/ David R. Langston David R. Langston, Mayor Rita Harmon, Assistant City Manager for Public Safety and Services, presented the staff comments. According to staff memo, Doug Goodman assumed the administrative responsibilities of Health Director in 1981. A local physician working part-time was employed as Health Director/Health Authority to comply with State law and to provide Mr. Goodman with medical advice as needed. After employing three consecutive physicians, it was determined that a more permanent arrangement should be initiated which would comply with State law and provide the City with medical advice. In January, 1983, the City of Lubbock entered into an agreement with Texas Tech University Health Sciences Center to staff the position of a part-time Health Director/Health Authority. Last month, the agreement with TTUHSC was amended to re -define the duties and responsibilities of the physician provided by Tech. After negotiations with Tech, a new contract providing physicians to act as the City Health Authority has been signed. As part of that action, the Council is required to appoint a Health Director, the non -physician administrator of the Health Department, and a part-time Health Authority, a physician who provides medical advice and executes required state functions. In 1989, Texas law was changed to allow municipalities the right to choose the director of the local health department based on the City's needs. For the past 11 years, Doug Goodman has been directing the operations of the Health Department, with the physician providing medical advice. December 17, 1992 Page 1084 Staff recommended that Council appoint Doug Goodman as the Health Director of the City of Lubbock Health Department. The Board of Health has been apprised of this recommendation, and there is no opposition to the appointment. Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tem Trejo to authorize Resolution #4051 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-1084-742 (42.) Consider Resolution #4052 appointing a Health Authoritv for the Citv of Lubbock Health Department. RESOLUTION #4052 WHEREAS, Section 121.003(d) of the Texas Health and Safety Code requires the governing body of a municipality to approve the appointment of a physician as health authority by the director of a local health department; and WHEREAS, the City Council of the City of Lubbock desires to approve such appointment as required by law; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the appointment of Cindy Ann Rogers, M.D., M.P.H., as local health authority and the appointment of Steven Robert Ellsworth, M.D., as substitute acting local health authority is hereby approved by the City Council of the City of Lubbock. Passed by the City Council this 17th 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 Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney December 17, 1992 Page 1085 OATH OF OFFICE I, Cindy Ann Rogers, M.D., M.P.H. do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Health Authority of the City of Lubbock and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment. So help me God. /s/ Cindy Ann Rogers S105 Thompson Hall TTUHSC Lubbock, TX 79430 (806) 743-2486 Sworn to and subscribed before me this 3rd day of December, 1992. /s/ Darlene Thorne Notary Public, Lubbock, County, Texas. CERTIFICATION OF APPOINTMENT I, David R. Langston, do hereby certify that on the 17th day of December, 1992, Cindy Ann Rogers, M.D., M.P.H., a physician licensed by the Texas Board of Medical Examiners, was duly appointed the Health Authority of Lubbock, Texas, for the term to begin on December 17, 1992 and end on December 17, 1994, unless said authority is removed by law. /s/ David R. Langston David R. Langston, Mayor Rita Harmon, Assistant City Manager for Public Safety and Services, presented the staff comments. According to staff memo, Section 121.033 (d) of the Texas Health and Safety Code requires that the physician appointed by the Health Director as Health Authority be approved by the City Council. After discussions with Daryl M. Williams, M.D., Dean of the School, of Medicine, and Tony Way, M.D., Chairman of the Preventive Medicine and Community Health Department at Texas Tech University Health Sciences Center, the Health Director recommended appointing Cindy Ann Rogers, M.D., M.P.H., as the Health Authority and Steven Robert Ellsworth, M.D., as her back-up. The two physicians have accepted appointments subject to approval by the City Council. Both physicians meet all the qualifications of the Texas Health and Safety Code and have signed the Oath of Office. The Texas Health and Safety Code requires a municipality to appoint a Health Director of a local health unit. If the Director is not a physician, then the Director will appoint a medical doctor licensed in Texas to be the Health Authority. The Health Authority is an advisor to the Health Director and enforces all duties prescribed by the Texas Board of Health. These duties are outlined in the contract for Professional Services signed by Texas Tech University Health Sciences Center and the City of Lubbock on November 19, 1992. Under the terms of the contract, Dr. Williams recommended Dr. Rogers and Dr. Ellsworth. The Health Director is in agreement and recommended that the City Council approve the appointment of Dr. Rogers as the Health Authority and Dr. Ellsworth as her back-up in the event of her absence or incapacity. December 17, 1992 Page 1086 Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tem Trejo to authorize Resolution #4052 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Mayor Langston announced that the Council would return to the council chambers after the completion of the executive sessions. 92-51B-1086-743 (42A.) Hold an executive session pursuant to Article 625 17, Section 2(f), V.A.T.S. to consider land acquisition for economic development purposes. (Department of Defense) 92-51B-1086-744 (43.) Hold an Executive Session, in accordance with Article 6252-17, Section 2(g), V.A.T.S., to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Housing Standards Commission Parks and Recreation Board Committee for Women Planning and Zoning Commission Permit and License Appeal Board Civic Centers Board Lubbock Emergency Communications District 92-51B-1086-745 (44.) Consider two appointments to the Housing Standards Commission. The terms of Dennis Wardroup and Laurie Killgore will expire on December 12, 1992. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to reappoint Dennis Wardroup and Laurie Killgore to the Housing Standards Commission. Motion carried: 7 Yeas; 0 Nays. 92-51B-1086-746 (45.) Consider one appointment to the Parks and Recreation Board. The term of John Farquhar will expire on January 8, 1993. 92-51B-1086-747 (46.) Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Robert Narvaiz to the Parks and Recreation Board. Motion carried: 7 Yeas; 0 Nays. Michele Gilmour has resigned. An appointment is needed to fill the unexpired term of Herlinda Coronado. December• 17, 1992 Page 1087 92-51B-1087-748 (47.) 92-51B-1087-749 (48.) 92-51B-1087-750 (49.) 92-51B-1087-751 (50.) Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to reappoint Chris Allison, Paulina Jacobo, Lucy Brown, Margaret McCullough, Jacque Hastings, and Marcy Lawless and to appoint Esmeralda Torres, Cathy Chavez, Betty Lou Blumrosen, and Sylvia Pena, and to hold one appointment to the Committee for Women until January 14, 1993. Motion carried: 7 Yeas; 0 Nays. Consider four appointments to the Planning and Zoning Commission. The terms of Jack Sebastian, Douglas C. Moore, and William McCav expired on November 16, 1992. Nellie Gomez has resigned. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to reappoint Jack Sebastian and William McCay, to appoint Jim Bevers, and to hold one appointment to the Planning and Zoning Commission until January 14, 1993. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to hold appointments to the Permit and License Appeal Board pending receipt of additional information. Motion carried: 7 Yeas; 0 Nays. Consider one appointment to the Civic Centers Board to fill the unexpired term of John Owens, who has resigned. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Lloyd Maines to the Civic Centers Board. Motion carried: 7 Yeas; 0 Nays. Consider one appointment to the Board of Managers of the Lubbock Emergency Communications District. The term of Bill Payne will expire on January 9, 1993. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to reappoint Bill Payne on the Lubbock Emergency Communications District Board of Managers. Motion carried: 7 Yeas; 0 Nays. December 17, 1992 Page 1088 There being no further business to c$me befo�t by Councilmember Patterson, seconded by Counc the meeting at 11:27 a.m. Motion carried: 7 ATTEST: Sally StilICAbbe Acting City Secretary Read and approved this the 14th day ATTEST: S , Sally Still(Abbe Acting City Secretary Council, motion was made membw4 to adjourn