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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/25/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 25, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of March, 1993 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 M. J. Aderton, Councilmember Randy Neugebauer, Councilmember Max Ince, Councilmember Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Absent: Councilmember T. J. Patterson (through hearing and discussion of Item #19). Mayor Langston called the meeting to order at 10:40 A.M. ( 1.) The Invocation was given by Mark Hindman, Director of Budget & Research. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to approve the minutes of the March 11, 1993 Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. 93-52A-269-195 ( 4.) ORDINANCE #9598 AN ORDINANCE ABANDONING AND CLOSING A TWENTY FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 36, BLOCK AK, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass on second and final reading Ordinance #9598 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. March 25, 1993 Page 270 93-52A-270-196 ( 5.) ORDINANCE #9599--Abandoning and closing a portion of Upland Place adjacent to Tract A, Saint Theresa Addition (2202 Upland Avenue). ORDINANCE #9599 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A PUBLIC STREET LOCATED IN SECTION 42, BLOCK AK, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass on second and final reading Ordinance #9599 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-270-197 ( 6.) Consider Resolution #4107 authorizing the Mayor to execute a 24-inch treated water pipeline crossing license with the Atchison, Topeka, and Santa Fe Railway Company (southeast of Lubbock). RESOLUTION #4107 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 as Permittee therein a License for a 24-inch treated water pipeline across railway property by and between the City of Lubbock and Atchison, Topeka, and Santa Fe Railway Company for one pipeline facility to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at mile post 683+5223, Posey, Texas, attached herewith, which shall be 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 25th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Pipe Line License is filed with Resolution No. 4107. March 25, 1993 Page 271 This resolution authorizes the Mayor to sign a standard underground pipeline crossing license with Santa Fe. According to staff memo, the Water Utilities Department is in the beginning stages of constructing an effluent water pipeline southeast from the sewage treatment plant to a location north of the Slaton Airport along FM 400. This line will cross Santa Fe's tracks at a point between Lubbock and Slaton, and Santa Fe charges $750 for this license. Staff recommended approval of this license agreement. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution #4107 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-271-198 ( 7.) Consider Resolution #4108 accepting paving improvements constructed by Williams and Peters Construction Co in Pheasant Run Addition Lots 308-325. RESOLUTION #4108 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 308-325, Pheasant Run Addition 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 Code prior to the recording of the subdivision plat for the above -mentioned Addition, including the following streets: The East half of Iola Avenue from the South end of the alley return South of 74th Street to the South end of the alley return South of 73rd Street, known and designated as New Subdivision Sub Unit Number 30 of Unit Number 2035. 74th Street from the West end of the alley return West of Huron Avenue to the East lip line of Iola Avenue, known and designated as New Subdivision Sub Unit Number 31 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 the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; 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 is hereby authorized and directed to notify the Subdivider of acceptance by the Lubbock City Council, and to direct the payment of the City's portion of the cost in the amount of $673.40 to the Contractor. March 25, 1993 Page 272 SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 25th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, 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: The east half of Iola Avenue from the south end of the alley return south of 74th Street to the south end of the alley return south of 73rd Street. 74th Street from the west end of the alley return west of Huron Avenue to the east lip line of Iola Avenue. The City's cost of $673.40 is due the contractor upon this acceptance. The City's portion is for the extra width portion of the designated collector street, Iola Avenue, which is in conformance with existing paving policies. Staff recommended acceptance of these improvements. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution #4108 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-272-199 ( 8.) BID #12408--Creosote treated wood poles (Central Warehouse). J.H. Baxter, Oak Park, IL--2 ea. 80' creosote treated wood pole. Treat -All Wood Products, Ridgeland, MS--20 ea. 50' creosote treated wood pole; 46 ea. 45' creosote treated wood pole. Koppers Industries, Houston--80 ea. 30' creosote treated wood pole; 25 ea. 35' creosote treated wood pole; 72 ea. 40' creosote treated wood pole. Mid -South Wood Preservers, Logansport, LA--6 ea. 75' creosote treated wood pole. March 25, 1993 Page 273 L.. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-273-200 ( 9.) BID #12412--Annual pricing for plastic liners (Central Warehouse). Dixon Paper--63 cs. 24"X24" plastic liners; 143 cs. 24"X33"; 138 cs. 33"X40" plastic liners; 271 cs. 40"X48", H.D. plastic liners; 807 cs. 38"X58" plastic liners. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-273-201 (10.) BID #12424--Southeast Water Reclamation Plant Contract #3 (Water Utilities). Rhode Construction Co. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-273-202 (11.) BID #12425--Southeast Water Reclamation Plant Contract #4 (Water Utilities). BRB Contractors, Inc. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize low bid, meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-273-203 (12.) BID #12435--High voltage cable and wire (Central Warehouse). Carlec, Inc., Grand Prairie--4800' 1/0 alum. quadruplexed service drop wire. Techline, Inc., Amarillo--9000' 1/0 alum. 4-wire UED Type secondary in duct. Preferred Sales, Carthage--6000' #2 alum 4-wire USE Type secondary in duct. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. March 25, 1993 Page 274 93-52A-274-204 (13.) BID #12470--HVAC repairs at various senior citizen centers (Parks and Recreation). Comfort Masters Heating & Air Conditioning, Inc. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-274-205 (14.) BID #12472--Scoreboards (Parks and Recreation). Gossett and Associates, Colleyville--4 ea. softball scoreboards. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-274-206 (15.) BID #12518--Emergency purchase of 15KV generator breaker (Electric Production). CBS, Inc., Gainesville--1 ea. 15KV generator breaker. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-274-207 (17.) ORDINANCE #9600--Zone Case #2305-G (East of Utica Avenue between 1st Street and Amherst Street) --Hold a public hearing to consider request of David Goyette (for Tara Land Co.) for a zoning change from R-1 to R-1 Specific Use (for garden homes) on a tract out of Section 22, Block A. ORDINANCE #9600 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2305-G; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:41 a.m. David Goyette appeared on behalf of Tara Land Co. to present this request for zone change from R-1 to R-1 Specific Use (for garden homes) on a tract out of Section 22, Block A. No one appeared in opposition. Mayor Langston closed the hearing at 10:45 a.m. March 25, 1993 Page 275 David Jones, Director of Planning, presented staff comments. This request is to allow the garden home style of single family on this portion of Utica. Mr. Jones gave the adjacent land use relationships as follow: North - vacant - R-1 South - single family - townhomes East - quadruplex townhomes West - single family According to staff memo, the request for R-1 is consistent with both Comprehensive Land Use Plan policy and zoning policy, and this proposal should have little effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 5-0. The neighbors wanted the builder reminded about the standard 20-foot setback requirement for garages in Specific Use. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9600 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-275-208 (18.) ORDINANCE #9601--Zone Case #2269-M (West of Quaker at 96th and 97th Streets) --Hold a public hearing to consider request of David Goyette (for Lubbock ORDINANCE #9601 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2269-M; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 14, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:46 a.m. David Goyette appeared on behalf of Lubbock Development Company to present this request for zone change from R-1 to R-1 Specific Use (for Garden Homes). No one appeared in opposition. Mayor Langston closed the public hearing at 10:50 a.m. David Jones, Director of Planning, stated that this proposal will provide 12 garden home lots versus the current six large R-1 lots. The proposed lots will remain significantly larger than the 5000 square foot minimum for single family. A curb cut restriction and private drive for access to the individual lots already is in place for the current six lot development. Mr. Jones gave the adjacent land use relationships as follow: North - Quaker Avenue South - undeveloped, is part of the playa East - single family across Quaker West - golf course, playa lake March 25, 1993 Page 276 93-52A-276-209 (19.) The request, as residential, is compatible with both Comprehensive Land Use Plan and zoning policy and will have no effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 5-0. Staff recommended approval. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on first reading Ordinance #9601 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9602--Zone Case #2699 (3610 24th Street)- -Hold a public hearing to consider request of Phyllis Wagoner (for George Mecham Estate) for a zoning change from R-1 to AM on the West 176 feet of Lot 5, Block 1, Rock Haven Addition. ORDINANCE #9602 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2699; A ZONING CHANGE FROM R-1 TO AM ZONING ON THE WEST 176 FEET OF LOT 5, BLOCK 1, ROCK HAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:51 a.m. Phyllis Wagoner appeared on behalf of the George Mecham Estate to present this request for zoning change from R-1 to AM. Mrs. Hugh Anderson, 3607 23rd Street, spoke in opposition to this request, voicing her concern that developers will build a nursing home or apartment complex rather than a medical facility. Mayor Langston closed the public hearing at 10:54 a.m. Councilmember Patterson returned and was present for the remainder of the Regular City Council Meeting. David Jones, Director of Planning, stated that the AM Policy District was expanded to the alley south of 24th Street. This house is on a lot that reaches from street to street between 23rd and 24th. Mr. Jones gave the adjacent land use relationships as follow: North - existing residential South - existing residential East - existing residential West - existing residential March 25, 1993 Page 277 According to staff memo, this request is consistent with the Comprehensive Land Use Plan since the policy area was expanded. In terms of zoning policy, the new owner is aware that the parcel will be subject to AM development guidelines including parking, setback, landscaping, etc., as well as the commercial building code; the owner intends to develop medical facilities. One of the neighbors (Mrs. Anderson) expressed concern for apartments, which is technically possible in AM (Apartment/Medical) but would not be financially feasible in this area. The impact on traffic in the area will be the difference between the residential and new medical use. One of the concerns in this area is the fact that the location of two major hospitals created the AM District in a subdivision with mostly 50-foot rights -of -way and 30-foot streets, which are substandard to current standards for residential areas and much less for a growing commercial area. The Planning and Zoning Commission recommended approval of this request by a vote of 5-0. Staff recommended approval of the request. Motion was made by Councilmember Ince, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9602, with the condition that development be limited to a medical facility. Motion carried: 7 Yeas; 0 Nays. 93-52A-277-210 (20.) ORDINANCE #9603--Zone Case #2700 (2121 N. Interstate 27)--Hold a public hearing to consider request of Hector Flores for a zoning change from C-3 to IHC on Lot 5, Block 4, Norman Addition. ORDINANCE #9603 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2700; A ZONING CHANGE FROM C-3 TO IHC ZONING ON LOT 5, BLOCK 4, NORMAN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:00 a.m. Louise Hernandez appeared on behalf of Hector Flores to present this request for zone change from C-3 to IHC. No one appeared in opposition. Mayor Langston closed the public hearing at 11:01 a.m. David Jones, Director of Planning, stated that this request is for rezoning to Interstate Commercial from C-3. Mr. Jones gave the adjacent land use relationships as follow: North - zoned C-3, vacant South - zoned C-3, vacant + I-27 East - I-27 and C-4 to the east West - vacant R-1 March 25, 1993 Page 278 According to staff memo, this request is consistent with the Comprehensive Land Use Plan since the motel is adjacent to I-27. Regarding zoning policy, the existing motel is nonconforming in the C-3 District. Under the current code, motels require either C-4 or IHC zoning. There were neighborhood concerns about the serving of alcohol at this location. Under the current C-3 zone, the motel is already eligible for a liquor permit in conjunction with a restaurant. The other permitted use eligible within the IHC District versus C-3 is a bar or lounge without the restaurant. This request will have no effect on traffic in the area. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0. Staff recommended approval. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Patterson to pass on first reading Ordinance #9603 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-278-211 (21.) ORDINANCE #9604--Zone Case #2418-A (5102 60th Suite E)--Hold a public hearing to consider request of CiCi's Pizza for a zoning change from C-2A to C-2A Specific Use (for a gameroom) Tract B, Piedmont Addition. ORDINANCE #9604 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2418-A; A ZONING CHANGE FROM C-2A TO C-2A SPECIFIC USE ZONING FOR A GAMEROOM ON TRACT B, PIEDMONT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:03 a.m. John McDonald, representing CiCi's Pizza, requested a zoning change from C-2A to C-2A Specific Use. No one appeared in opposition. Mayor Langston closed the public hearing at 11:04 a.m. David Jones, Director of Planning, stated that the Zoning Code allows gamerooms in C-2 and C-3 as a conditional use approved by the Zoning Board of Adjustment, but the C2A District is not included. Mr. Jones gave the adjacent land use relationships as follow: North - commercial South - commercial East - residential across the "wall" West - commercial - South Plains Mall According to staff memo, the request is consistent with the Comprehensive Land Use Plan and in the opinion of staff, the proposal would have been approved by ZBA. The request will have no effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0. Staff recommended approval. March 25, 1993 Page 279 L� Motion was made by Councilmember by Councilmember Aderton to pass Ordinance #9604 as recommended by carried: 7 Yeas; 0 Nays. 93-52A-279-212 Patterson, seconded on first reading Staff. Motion (22.) ORDINANCE #9605--Hold a public hearing to consider assessments for paving improvements on the 1992 Assessment Paving Program (Project No. 9875) and consider ordinance. ORDINANCE #9605 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS 1-6, BLOCK 23, ELLWOOD PLACE ADDITION; LOTS 1-11 AND 16-26, BLOCK 29, ELLWOOD PLACE ADDITION; LOTS 289-293, SPANISH OAKS ADDITION; AND LOTS 131-134, WOODLAND PARK ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREET: NORTH AVENUE N, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). Larry Hertel, City Engineer, presented staff comments. The proposed paving improvements consist of the following streets and alleys: North Avenue N from North Loop 289 to Wabash Street; known and designated as Unit Number 2035-05. The east -west alley between 73rd Street and 74th Street from Slide Road to Zoar Avenue; known and designated as Unit Number A-461-21. The east -west alley between 23rd Street and 24th Street from 100 feet east of Elgin Avenue to Canton Avenue; known and designated as Unit Number A-461-22. A portion of the property owners having property abutting these units requested by petition that paving improvements be constructed. The purpose of this hearing is to provide the affected property owners an opportunity to express their feelings in regard to proposed paving and subsequent assessment of the cost of such improvements. After public comment, the City Council will determine whether or not the City will pave the petitioned street and/or alleys, and the portion of the cost that will be assessed to the abutting property owners for the paving improvements. Under Texas Law a municipality may not assess an amount exceeding the special benefits, or enhancement value, of the paving improvements to the abutting properties. The enhancement must be established by a qualified person, and the municipality must participate in at least 10 percent of the cost of street and alley paving. March 25, 1993 Page 280 The "Calculated Rate" shown on the assessment rolls is the maximum assessment rate which may be levied consistent with state law and the City of Lubbock policy. This rate is calculated on the basis of the property owners paying 100 percent of the curb and gutter cost and 90 percent of the paving cost. The "Enhancement Rate" shown on the rolls is the estimated amount that the value of the abutting property will be increased by the proposed paving improvements. A qualified appraiser was retained by the City of Lubbock to determine the enhancement value of the paving improvements for each of the abutting properties included in this project. The report indicates that the enhancement value is significantly less than the cost of the improvements. This determination is consistent with historical enhancement studies. The alternatives available to the City Council are as follows: 1. Delete any or all of the petitioned streets or alleys from the project. 2. Authorize paving of the streets or alleys and assess the abutting property owners the amount specified by the appraiser as the enhancement value. This would require the City to pay 71% of the cost of the street paving and 52% of the cost of the alley paving. The City's policy has been that the persons receiving the most benefit from the paving improvements, the abutting property owners, pay the majority of the cost. This alternative would be inconsistent with this policy. 3. Authorize paving of the streets or alleys and assess 90% of the cost, or whatever percentage of the cost that the Council deems fair, to the abutting property owners. This would not be a valid assessment. However, past Councils have elected to use this alternative if at least 50% of the property owners would sign an agreement to pay the assessed amount. This approach is in effect paving by contract between the signing owners and the City, and would not be binding on the owners that do not sign the agreement. If challenged, particularly by the property owners not signing the agreement, the assessment would have to be reduced to the enhancement rate for each person challenging the assessment. The City would then be responsible for the remainder of the cost. However, the agreement executed by the majority of the affected property owners could be considered as testimony that the benefits to the property equal the amount of the assessment. March 25, 1993 Page 281 Although this alternative exposes the City to a risk of being unable to collect the total assessments levied, it has provided an acceptable method for property owners to install paving improvements with an equitable sharing of cost, and gives the City some assurance that the property owners will pay the assessments determined by the Council. After the hearing, the decision of the City Council to proceed with the paving of any of these units in this program will serve as the first of three readings of the assessment ordinance. Following this hearing the staff will advertise for bids for those units remaining on the program. If bids are less than estimated, the assessment rates may need to be reduced if they exceed the maximum allowed by law. The rates can be reduced but not increased from the amount advertised for the public hearing. The third and final reading of the ordinance will occur when a paving contract is awarded. The "calculated rates" advertised for Avenue N are $19.24 per foot for paving and $6.10 per foot for curb and gutter. The "calculated rate" for alley paving is $12.69 per foot. The "enhancement rates" for all abutting properties are shown in the appraiser's report. The City Council was furnished a copy of the assessment rolls indicating the "calculated" and "enhancement" rates as well as other information. Upon completion of the paving construction, the amounts determined by the City Council will be assessed to the abutting property owners. The assessments may be paid in full or in five annual payments at 8% interest on the unpaid balance. Staff recommended that Council require the majority of the owners of each unit approved for paving to execute an agreement stating the property is enhanced to an amount which equals the "calculated" rate. If the majority of owners fail to execute the agreement by April 7, 1993, the Council may delete that unit from the program at the second reading of the ordinance. Under this scenario, it is possible that an owner who did not execute the agreement might challenge the assessment. Should the City be unsuccessful against such a challenge, those owners would be responsible only for an assessment which is in the amount of the enhancement to their property. However, with the City assuming this risk, the property owners would be contributing more of the funding needed to pave their street or alley than if the City set the assessments at the "enhancement" rates. The east -west alley between 73rd Street and 74th Street from Slide Road to Zoar Avenue; known and designated as Unit Number A-461.21. March 25, 1993 Page 282 Mayor Langston opened the public hearing at 11:07 a.m. J. C. Lindley, owner of Woodland Park Lot #131, testified that during the rainy season the mud backs up into his side -entry driveway and therefore he is in favor of the paving assessment. Councilmember Neugebauer asked Mr. Lindley if it would be worth $12.59 per linear foot to have the paving done, to which Mr. Lindley responded that it would be worth it. Diana McClendon, owner of Spanish Oaks Lot #291, said she had never encountered the problem that Mr. Lindley described and that the paving would not enhance her property by the calculated rate quoted. Mayor Langston closed the public hearing at 11:22 a.m. The east -west alley between 23rd Street and 24th Street from 100 feet east of Elgin Avenue to Canton Avenue; known and designated as Unit Number A-461-22. Mayor Langston opened the public hearing at 11:23 a.m. Lou Ann Nisbett, owner of Ellwood Place Lot 23, explained to the Council that she has a rear entry garage that is virtually impossible to access when the alley is muddy and she and her neighbors have to put on their "mud boots" to take out their trash. She has had to have her car towed out of the alley. In response to the question from Mayor Langston as to whether paving would enhance her property value by $12.69 per linear foot of paving, she said that it definitely would be worth that price to enhance the value of her five-year old house. Beverly Alford, owner of Ellwood Place Lot 16, told, the Council that she has a rear entry apartment that she has no chance of renting until the alley is dealt with because water runs into the yard and even into the apartment. Neil McCullough, owner of Ellwood Place Lot 25, explained to the Council that his lot sits on a low place where water gathers, and his elderly next door neighbors can't get to their dumpster after a rain, and it is difficult for the solid waste trucks to travel down the alley. He also expressed concern about diseases that could be transmitted in the stagnant water. Beth Glass, owner of Ellwood Place Lot 22, testified that even though she doesn't have a rear entry to her residence, she is still concerned about the safety factor due to the muddy conditions. She said she has often taken her trash to a dumpster away from her house because she can't get to her dumpster, and she would be quite willing to pay the paving expenses. March 25, 1993 Page 283 Mrs. Mary Greep, an elderly woman who owns Ellwood Place Lot 11, described to the Council how she has tried to tie plastic bags around her feet to get through the muddy alley to her dumpster. She questioned the quoted price, saying she knew others who had their alley paved several years ago for much less. Councilmember Ince explained to her that others she talked to may have only paid a portion of the cost rather than the full calculated or enhanced rates. Terry Tidwell, owner of Ellwood Place Lot 1, told the Council that it was not worth $1,000 to enhance the convenience of taking out his trash. Mr. Tidwell expressed the opinion that other investments in his property could be recovered with increased resale value. Mrs. Tidwell expressed further concern about the safety factor involved with continuous concrete from the corner 23rd Street to the corner of 24th Street that her children would view as a sidewalk rather than an alley and would tend to be less cautious. Talmage Dewitt, owner of Ellwood Place Lot 3, said that he would be opposed to the paving even at the enhancement rate and believes the City should be able to grate and pack the alley to bring it back to the state it was in years ago before the City began removing the topsoil. Mrs. J. Leon Henry, owner of Ellwood Place Lots 4 & 5, testified that she is not opposed to the paying but she is opposed to the cost. She explained that this old neighborhood has been in a constant state of upheaval because of utility trucks coming in and making repairs. Larry Hertel, City Engineer, explained that the elevation in this area had gotten up above the garage apartments so the City had to grade the alley to keep the standing water out of the yards and garage apartments. Mayor Langston closed the public hearing at 11:59 a.m. North Avenue N from North Loop 289 to Wabash Street; known and designated as Unit Number 2035-05. Mayor Langston opened the public hearing at 12:00 p.m. Kim Brown, owner of E.E. Brown Lots 1, 2, and 3, told the Council he is opposed to the paving based on cost. He said there is no indication of building activity in this area to warrant the paving, and it would not be in the best interests of the City to proceed. Mayor Langston closed the public hearing at 12:03 p.m. A lengthy discussion ensued about the benefits of paving to the City and to the neighborhoods and the consequences of subsidizing these projects. March 25, 1993 Page 284 Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to approve Unit #A-461-21, to disapprove Unit #2035-05 and Unit #A-461-22, at the calculated rate or actual cost, whichever is lower, and obtain an executed agreement by at least 50% of the affected property owners, stating that they will pay the assessed amount. Motion carried: 5 Yeas; 2 Nays--Councilmember Patterson and Councilmember Aderton. 93-52A-284-213 (16.) ORDINANCE #9595--Zone Case #2698 (north of Idalou Use (for a ,funk yard, salvage yard or automobile wrecking yard to allow processing and auction of vehicles) on a tract out of Section 25, Block A. ORDINANCE #9595 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2698; A ZONING CHANGE FROM T TO M-2 SPECIFIC USE ZONING FOR A JUNKYARD, SALVAGE YARD OR AUTOMOBILE WRECKING YARD ON A TRACT OUT OF SECTION 25 BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. At the request of Mayor Langston, City Attorney John Ross, Jr., explained the law regarding additional public comment following a public hearing, stating that once a public hearing regarding a rezoning situation is closed, it cannot be reopened without formally calling another public hearing. If the Council were to allow additional public comment without proper notice of a public hearing, any action taken on the part of the Council could be invalid. Motion was made by Councilmember Neugebauer, seconded by Councilmember Aderton to uphold recommendations of P&Z and pass on second and final reading Ordinance #9595, with conditions stipulated in the first reading of the ordinance. Motion carried: 4 Yeas; 3 Nays--Councilmember Patterson, Mayor Pro Tem Trejo, and Mayor Langston. The City Council recessed from the regular meeting at 12:45 p.m.. At 1:30 p.m., Council reconvened their work session. At 3:27 p.m., Council reconvened their regular meeting. March 25, 1993 Page 285 93-52A-285-214 (23.) Consider Resolution #4109 authorizing the Mayor to execute a Lease Agreement with Swetech, Inc. RESOLUTION #4109 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 Lease Agreement by and between the City of Lubbock and Swetech, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Anthony J. Williams Anthony J. Williams, Assistant City Attorney A copy of the Lease Agreement with Swetech, Inc., is filed with Resolution No. 4109. Swetech, Inc. desires to renew its lease on the building they occupy in the East Airport District. Swetech is an agricultural research and manufacturing firm that moved into a previously unoccupied building to set up its manufacturing process for the manufacture of a food supplement for livestock. This renewal lease will be for one year at the rate of $7,331.64, payable monthly at the rate of $610.97, subject to CPI adjustments. Swetech's innovative process has been written about in major national agricultural publications. Swetech uses the building to mix their food supplement and also for a distribution center. If Swetech's process starts gaining wide acceptance, like its reception has been in the test markets, they have indicated an interest in leasing larger facilities from the Airport in the future. The Lubbock International Airport Board unanimously recommended this renewal agreement to the City Council and staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution #4109 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. March 25, 1993 Page 286 93-52A-286-215 (24.) Consider Resolution #4110 authorizing the Mayor to execute a Lease Agreement with Southwest Airlines, Inc. and American Airlines. RESOLUTION #4110 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 Addendum No. 1 and Addendum No. 2 to an Airline Lease Agreement by and between the City and Southwest Airlines Co. and Addendum No. 3 to an Airline Lease Agreement by and between the City and American Airlines, 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 part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Federal Aviation Administration (FAA) has mandated the installation of a computer controlled access system in order for the Lubbock International Airport to comply with FAR 107.14. Although the installation of this system is paid for through FAA funding, the cost of the operation of this system falls on the Airport. Since the necessity for and beneficiaries of this system are the certificated passenger airlines, these airlines have agreed to offset these operational costs through the collection of a security charge. The original agreement (Amendment No. 1 for Southwest) recommended by the Airport Board in September, 1992 was based on a formula designed to collect an estimated $272,000 per year. American Airlines has previously executed this original agreement and Council authorized the Mayor to execute on September 24, 1992. The Airport Board was advised in their February, 1993 meeting of a subsequent agreement (Amendment No. 2 for Southwest, Amendment No. 3 for American) which alters the original agreement to collect only actual costs of operation of the system instead of the estimated cost formula. The first year of operation should have a reimbursed cost of approximately $210,000. These amendments are amending the airlines' base agreements which expire in 1999. The Airport Board and City staff recommended approval. March 25, 1993 Page 287 Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4110 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-287-216 (25.) Consider Resolution #4111 authorizing the Mayor to sign an amendment to the contract with the Texas Department of Health for WIC Services. RESOLUTION #4111 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 amendment, entitled Contract Change Notice No. 2, TDH Document No. C3000376, and all associated documents, with the Texas Department of Health to provide a group nutritional education, individual counseling and prescribed foods as part of the WIC Program administered by the City of Lubbock Health Department, a copy of said document is 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 25th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon by Doug Goodman Rita P. Harmon, Assistant City Manager for Public Safety & Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract Change Notice No. 2 is filed with Resolution No. 4111. The Women, Infants, and Children's Nutrition program (WIC) provides group nutritional education, individual counselling, and prescribed foods at no cost to individuals who qualify economically and nutritionally. Last year the WIC program averaged 6,295 clients per month. This year the WIC program is averaging 5,040 clients per month. The State expected the drop in clients when the program moved locations. They forecast that there are 10,000 clients eligible for WIC services and believe the Health Department could serve 8,560 clients per month within the year. This is a reimbursement program and would require the City to operate for approximately two months on City funds. March 25, 1993 Page 288 The State sets the rate of reimbursement, and currently the reimbursement is $9.12 for the first 500 clients, $7.47 for the next 1,000 clients, and $5.00 for the next 3,583 clients. An additional $.50 is provided for each pregnant and breast- feeding woman participating in WIC. If staff were to assist 5,083 clients per month, the reimbursement would be $30,321 per month or $363,852 per year. If 8,560 clients were served, the reimbursement would be $47,963 per month or $575,566 per year. The WIC program currently operates sites at Lubbock, Slaton, New Directions, Reese, and Wolfforth. With this anticipated income the City is expected to pay all operation costs including employee salaries and fringe benefits, office and medical supplies, training and travel, utilities and telephone, costs for any rental space and any indirect costs. The Health Department proposes to hire 14 employees to start the program and add employees as the number of clients and reimbursements increases. In Lubbock County, during FY 1992 WIC paid local grocery stores $2,747,157 for food and the local Farmers Market $26,386. This is a program that if operated correctly has a positive impact on Lubbock's economy. If participation were increased to 8,560 clients, this would add over $82,152 to Lubbock's economy for food purchases. At this time the State Health Department cannot guarantee funds to remodel the unfinished area of the building. However, the State has promised to use all of its resources to pressure the United States Agriculture Department to provide remodeling funds. They have indicated that if remodeling money is provided, the State would want a long-term lease on that portion of the facility. Staff recommended approval. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Aderton to authorize Resolution #4111 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-288-217 (26.) Consider Resolution #4112 authorizing the use of all provided, however, that the property owner pay the pro rata charges established when such property is connected to the water and sewer main. RESOLUTION #4112 WHEREAS, in February 1993 a Lubbock Health Department investigation revealed cesspools in use on property within the City of Lubbock at 4010, 4012 and 4014 East Colgate Street; and WHEREAS, such cesspools pose a continuous threat of groundwater contamination and are prohibited by the Texas Water Commission; and WHEREAS, the property at 4012 East Colgate Street also contains an uncapped well no longer in use and which is also prohibited by the Texas Water Commission; and March 25, 1993 Page 289 WHEREAS, the property at 4006 and 4008 East Colgate Street may also contain health hazards though an investigation of those locations has not been completed; and WHEREAS, the Council has authority pursuant to Section 28-163 of the City of Lubbock Code of Ordinances to extend water and sewer mains to the above -described locations at the City's own cost if the public welfare would be best served by such extensions; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT due to the extremely unhealthy conditions which we find to exist at 4010, 4012 and 4014 East Colgate Street and which we believe are also likely to exist at 4006 and 4008 East Colgate Street, we hereby authorize the use of all available means to eliminate these conditions, if funds are available for such purpose, including the extension of water and sewer mains to such locations without a deposit being required from the owners of such property, provided, however, that the owners of such property be required to pay the pro rata charges established by the Code of Ordinances when their particular parcel of property is connected to the water or sewer main. Passed by the City Council this 25th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mike Murphy Mike Murphy, Senior Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney After due investigation and consideration into the extremely unhealthy and unsanitary conditions existing in the Chapel Hill area (specifically addresses 4006 through 4014 E. Colgate), it was staff's opinion that the public welfare would best be served if the formal platting process of these lots were waived. This would enable these particular citizens to connect to City of Lubbock water and sanitary sewer service for pro rata fee only, and allow them to pay out their pro rata on a three or five year payment contract. Dependent on individual situation, Community Development will assist in payment arrangements. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4112 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. March 25, 1993 Page 290 93-52A-290-218 (27.) Consider a resolution authorizing the Mayor to execute a contract of sale with Billy Huddleston for 71.66 acres of real property in Section 55, Block H&GN R.R. Survey in Kent and Garza Counties, Texas. This item was deleted from the agenda. 93-52A-290-219 (28.) Consider Resolution #4113 authorizing_ the Mayor to execute a Change Order agreement with Williams & Peters Construction Co., Inc., for the construction of portions of the boat ramp parking area at Lake Alan Henry, in Justiceburg, Garza County. RESOLUTION #4113 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order to a contract previously entered into between the City and Williams & Peters Construction Co., Inc. for the construction of portions of the boat ramp parking area at Lake Alan Henry, in Justiceburg, Garza County, 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 25th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney March 25, 1993 Page 291 Lake Alan Henry Public Access Roadway Justiceburg, Garza County 2123-555190-9872 TO: Williams & Peters Construction Co., Inc. P.O. Box 3907 Lubbock, Texas 79452 Original Amount $433,729.45 New Amount this Change Order $ 72,358.55 Amended Amount of Contract $506,088.00 Addition Time of Completion July 30, 1993 WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contract agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the original contract between them shall be modified and amended to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 25th day of March, 1993. BY:/s/ Carlton Peters Contractor CITY OF LUBBOCK OWNER BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary RECOMMENDED FOR APPROVAL: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities The Lake Alan Henry boat ramp and parking project was broken down into three smaller projects to facilitate construction and funding: (1) Boat ramp below water level (awarded to C.B. Thompson Construction Company) (2) 1-1/2 mile roadway to access the boat ramp and parking area (awarded to Williams and Peters Construction Company) (3) Boat ramp approach above water level and boat ramp parking area (contract not yet awarded) March 25, 1993 Page 292 The overall project was originally budgeted in the amount of $1,200,000. Of that amount, $1,000,000 was to come from City funds and $200,000 was anticipated to come from a pending grant with the Texas Parks and Wildlife Department. Since the time of the City's grant application, TP&W has undergone several organizational changes. It is now staff's understanding that their boat ramp fund has been frozen by the U.S. Fish and Wildlife Service because of alleged mismanagement of the fund. In order to correct the problem and restore funding, — TP&W has attached an amendment to the State's 1993 Appropriations Bill which must be passed by the State Legislature by May 31, 1993. Although the Agency anticipates that the amendment will be approved and funding restored, they have indicated that funds for grant applicants will be very limited and that there will be a large backlog of applications to review. The review process can take up to six months to complete under normal circumstances, and there is no guarantee that the grant application will be funded. Therefore, even if the amendment is passed by the Legislature in May, it is doubtful that the City would receive notification of approval before November, 1993. Given the fact that there is no guarantee of funding from TP&W and that execution of the change orders with Williams and Peters Construction Company and C.B. Thompson will allow completion of the project in a smaller, although acceptable form, staff recommended that Council approve these two documents. The original contract for the 1-1/2 mile roadway to access the boat ramp and parking (awarded to Williams and Peters) was in the amount of $433,729.45 and construction of this project is under way. The recommended change order would increase the contract amount by $72,358.55. This would also enable Williams and Peters to complete the boat ramp parking area (part of project #3). Staff had originally anticipated a larger parking area that was completely under asphalt. This particular approach will provide a smaller parking lot that is partially asphalt and partially dirt, but it should be satisfactory for the project. Since Williams and Peters is scheduled to complete their contract operations by March 31, 1993, action on the change order would be timely. This would save the City approximately $4,000 which is the contractor's estimated cost for equipment remobilization and restarting of the caliche operations the change order were executed as much as two weeks later. If the City were to rebid at a later date, costs would be even higher. March 25, 1993 Page 293 The second change order would add $55,434 to the contract currently in place with C.B. Thompson Company. The original contract with C.B. Thompson was in the amount of $364,452.50. The change order would enable C.B. Thompson Company to complete the portion of the third project dealing with the boat ramp approach above water level. The company indicated that the completion of project number one is scheduled for March 30, 1993. By executing this change order at this time, staff estimated a savings of approximately $3,000 which is the cost for remobilization of their equipment if a change order were executed as much as two weeks later. If the City were to rebid at a later date, costs would be even higher. Another option would be to wait for potential funding from the State (possibly by November, 1993), and then to rebid the third project on its own as opposed to taking this particular approach. Again, given the fact that there are no guarantees that the project will be funded and that there is the possibility of increasing labor and material costs in the future if the City were to bid the project at that time, these change orders are being recommended to the Council. The total of the two contracts, along with the two change orders, will amount to $925,974. This still remains within the amount originally budgeted by the City and would provide a satisfactory project and the option for expanding the parking lot at a later date should conditions so warrant. In addition, this particular approach will enable the City to operate the boat ramp without any restrictions that might be in place were TP&W funding to be utilized. Staff recommended that Council approve both of these change orders. Motion was made by Councilmember Ince, seconded by Mayor Pro Tem Trejo to authorize Resolution #4113 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. March 25, 1993 Page 294 93-52A-294-220 (29.) Consider Resolution #4114 authorizing the Mayor to execute a Change Order agreement with C.B. Thompson Construction Co. for the construction of additional portions of the boat ramp at Lake Alan Henry, in Justiceburg, Garza County. RESOLUTION #4114 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order to a contract previously entered into between the City and C. B. Thompson Construction Co. for the construction of portions of the boat ramp parking area at Lake Alan Henry, in Justiceburg, Garza County, 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 25th day of March, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney TO: C. B. Thompson Construction Co. P.O. Box 6456 Lubbock, Texas 79493-6456 Original Amount New Amount this Change Order Amended Amount of Contract Addition Time of Completion /s/ David R. Langston DAVID R. LANGSTON, MAYOR Boat Ramp - Lake Alan Henry Justiceburg, Garza County 2123-555190-9872 $364,452.50 $ 55,434.00 $419,886.50 June 23, 1993 WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contract agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the original contract between them shall be modified and amended to the extent herein indicated. March 25, 1993 Page 295 IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 25th day of March, 1993. BY:/s/ Terry Thompson Contractor 93-52A-295-221 CITY OF LUBBOCK OWNER BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary RECOMMENDED FOR APPROVAL: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities Motion was made by Councilmember Ince, seconded by Mayor Pro Tem Trejo to authorize Resolution #4114 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution #4115 by the City Council of the City of Lubbock, Texas, approving and authorizing publication of notice of intention to issue certificates of obligation and a notice of sale with respect to such certificates of obligation (SRF-- Wastewater Treatment Plantl. RESOLUTION #4115 A RESOLUTION by the City Council of the City of Lubbock, Texas, approving and authorizing publication of notice of intention to issue certificates of obliaation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's Wastewater Treatment System, to wit: discharge pipeline to North Fork Double Mountain Fork Brazos River, renovate and upgrade two existing treatment plants, and convert existing administration building to a laboratory; and (ii) professional services rendered in connection therewith; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Section 1: That the City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention tc issue certificates of obligation in the principal amount not to exceed $14,480,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's Wastewater Treatment System, to wit: discharge pipeline to North Fork Double Mountain Fork Brazos River, renovate and upgrade two existing treatment plants, and convert existing administration building to a laboratory; and (ii) professional services rendered in connection therewith, such certificates to be payable from ad valorem taxes and a March 25, 1993 Page 296 line on and a pledge of the net revenues of the City's Sewer System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Section 2: That such notice shall be published once a week for two consecutive weeks in a newspaper having general circulation in the City of Lubbock, Texas, the date of the first publication of such notice to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. PASSED AND APPROVED, this the 25th day of March, 1993. ATTEST: /s/ David R. Langston DAVID R. LANGSTON, MAYOR /s/ Betty M. Johnson Betty M. Johnson, City Secretary EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF LUUBOCK, TEXAS, CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Lubbock, Texas, will convene at its regular meeting place in the City Hall of Lubbock, Texas, at 9:00 o'clock A.M. on the 22nd day of April, 1993, and, during such meeting, the City Council will consider the passage of an ordiannce authorizing the issuance of certificates of obligation in an amount not to exceed FOURTEEN MILLION FOUR HUNDRED EIGHTY THOUSAND DOLLARS ($14,480,000) for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's Wastewater Treatment System, to wit: discharge pipeline to North Fork Double Mountain Fork Brazos River, renovate and upgrade two existing treatment plants, and convert existing administration building to a laboratory; and (ii) professional services rendered in connection therewith, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues derived from the operation of the City's Sewer System. The Certificates are to be issued and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. /s/ Betty M. Johnson Betty M. Johnson City Secretary City of Lubbock, Texas March 25, 1993 Page 297 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: 1. That on the 25th day of March, 1993, the City Council of the City of Lubbock, Texas, convened in regular session at its regular meeting place in the City Hall of said City; the duly constituted members of the Council being as follows: DAVID R. LANGSTON MAGGIE TREJO T. J. PATTERSON RANDY NEUGEBAUER M. J. ADERTON TY COOKE MAX INCE MAYOR MAYOR PRO TEM COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER all of said persons were present as said meeting, except the following: None Absent. Among other business considered at said meeting, the attached resolution entitled: A RESOLUTION by the City Council of the City of Lubbock, Texas, approving and authorizing publication of notice of intention to issue certificates of obligation. was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion made by Councilmember Neugebauer and seconded by Councilmember Trejo the resolution was finally passed and adopted by the Council by the following vote: 7 voted "For" 0 voted "Against" 0 abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council of the City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the Council was given actual notice of time, place and purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 25th day of March, 1993. /s/ Betty M. Johnson Betty M. Johnson City Secretary City of Lubbock March 25, 1993 Page 298 93-52A-298-222 (32.) Project C is the third segment in the overall $50,600,000 SRF Loan that the Council has approved previously to: 1. Construct the improvements and extensions to the City's Wastewater Treatment System, including a new activated sludge treatment plant, headworks facilities, solids handling facilities digester rehabilitation, administration maintenance building, and 2. Professional services connected therewith. The loan is consummated in the form of certificates of obligation which are issued directly to the Texas Water Development Board at a predetermined rate which, at this time, is approximately 4.25%. Prior to this, Project A was approved and certificates of obligation were issued for $1,600,000 at 5.5% and Project B was approved and certificates of obligation were issued for $34,520,000 at 5.5% interest rate. If issued, these certificates of obligation would be comprised of principal of no more than $14,480,000, the unissued portion of the $50,600,000. As a part of the process to issue certificates of obligation for the Project C portion of the SRF-Wastewater Treatment Plant, there must be published a notice of intention to issue certificates of obligation and a notice of sale. This resolution authorizes that publication on March 28, 1993 and April 4, 1993, in the Lubbock Avalanche Journal. The rate at which certificates of obligation may be issued under the SRF Loan was much lower than anticipated and much lower than the rates available on the open market. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tem Trejo to authorize Resolution #4115 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #12278--Landfill equipment (Fleet Services). West Texas Equipment, Lubbock, Texas Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize the low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. The Council recessed from the regular meeting at 3:57 p.m. for executive session. 93-52A-298-223 (31.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(g), VATS, to discuss personnel matters; and Article 6252-17, Sec. 2(e), VATS, to discuss pending and contemplated litigation (Police). March 25, 1993 Page 299 The Council reconvened the regular meeting at 4:52 p.m. Councilmember Aderton was not present for the remainder of the regular session. 93-52A-299-224 (34.) Consider five appointments to the Neighborhood Redevelopment/Urban Renewal/Southeast Lubbock Development Corporation Board. The terms of Lynnda Jenkins, Owen McWhorter, Jr., Elaine McNair, Scott Badgett, and Jimmy H. Smith have expired. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Greg Phea, Eddie Schultz, and Jimmy Mojica to the Neighborhood Redevelopment/Urban Renewal/Southeast Lubbock Development Corporation Board. Motion carried: 6 Yeas; 0 Nays. 93-52A-299-225 (35.) Consider three appointments to the Zoning Board of Adjustment. The terms of Jerry Schaffner expired on March 14, 1993. Ruben Reyes was moved from alternate to full member status, and Ron McLaurin has resigned. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Bob Sanders and Ken Flagg to the Zoning Board of Adjustment. Motion carried: 6 Yeas; 0 Nays. 93-52A-299-226 (36.) Consider three appointments to the Parks and Recreation Board. The term of Lewis Gamboa will expire on March 28, and the terms of Mel Pope and Bob Covington will expire on March 31, 1993. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Lewis Gamboa, Bob Schmidt, and Renee Underwood to the Parks and Recreation Board. Motion carried: 6 Yeas; 0 Nays. 93-52A-299-227 (37.) Consider two appointments to the Boards and Commissions Advisory Committee to replace Damon Hill and Jewel Love. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Jean Harris to the Boards and Commissions Advisory Committee. Motion carried: 6 Yeas; 0 Nays. March 25, 1993 Page 300 There being no further business to c by Councilmember Cooke, seconded by meeting at 4:54 p.m. Motion carried: ATTEST: &.:t. A-( c�'-'I'j Betty M. Johns 0n, City Secretary Read and approved this the 8th day c ATTEST: Betty'M.'JohnsMn, City Secretary motion was made