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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/27/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 27, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of May, 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 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 City Secretary Betty Johnson. Mayor Langston called the meeting to order at 10:30 A.M. ( 1.) The Invocation was given by Robert Massengale, Assistant City Manager for Financial Services. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments 93-52A-459-368 ( 4.) Odyssey of the Mind teams from Tubbs Elementary and Smith Elementary will appear to be honored for winning local, regional and state competitions and now competing in world competition in College Park, Maryland. Odyssey of the Mind teams from Tubbs and Preston Smith Elementary Schools were honored for winning city, regional and state competitions. Local, regional and state competitions were all recently held in Lubbock, bringing in several hundred people. Some of these team members have been together since they were in first grade and are all honor students. Tubbs Elementary School: Alan Sancibrian, Coach Sherry Sancibrian, Coach Donna Morris, Coach Kandi Williamson, Coach Team: 5th grade honor students Kevin Sancibrian Lindsey Williamson Amanda Morris Heather Green Leah Caldwell Kathy Barker Steven Kirkpatrick Preston Smith Elementary School: Mary Ann Rogers, Coach Robert Rogers, Coach Debbie Stroud, Coach Megan Fleming, Coach (6th grade student) May 27, 1993 Page 460 93-52A-460-369 ( 5.) Team• Aaron Rogers Michael Thorvilson Cheyenne Nixon Sarah Rothwell Ashley Guy Roshinak Mansouri Peyton Stroud The teams are headed for College Park, Maryland, for world competition to be held on June 6, 1993. The City Council gave them a big send-off and wished them well. Gregorio V. Garcia, Jr. will appear to request a loudspeaker permit for May 29, 1993 in conjunction with a graduation party. Gregorio V. Garcia requested a loudspeaker permit for Saturday, May 29, 1993, from 8:00 p.m. until 12:30 a.m. for a graduation party for his daughter. Entertainment will be provided by a live band with which Mr. Garcia plays. The event will take place at 2604 1st Street, a vacant lot located next to Mr. Garcia's home. All residents in the area were petitioned by Mr. Garcia, and all approved the event. Staff recommended approval. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Patterson to approve the request of Gregorio V. Garcia, Jr. for a loudspeaker permit for May 29, 1993. Motion carried: 7 Yeas; 0 Nays. ( 6.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve the minutes of the May 13, 1993 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 93-52A-460-370 ( 7.) ORDINANCE #9596--Abandoning and closing a cul-de-sac and a transformer pad easement located in Lot 127, Whisperwood Addition (5202 1st Place). ORDINANCE #9596 AN ORDINANCE ABANDONING AND CLOSING CUL-DE-SAC PORTIONS OF FIRST PLACE IN SECTION 22, BLOCK A, LUBBOCK COUNTY, TEXAS; A FIVE FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 127, WHISPERWOOD ADDITION; AND A TRANSFORMER PAD EASEMENT LOCATED IN WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS 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 Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9596 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 27, 1993 Page 461 93-52A-461-371 ( 8.) BID #12531--Scott air paks and parts (Fire Department). Vallen Safety, Odessa Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-461-372 ( 9.) BID #12536--Investigative Identification Office remodeling -Municipal Square Building, and authorize same (Police Department). RESOLUTION #4153 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 Allen Teinert Construction Comany for the remodeling of the Investigative Identification Office at Muncipal Square, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First 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 27th day of May, 1993 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 Allen Teinert Construction, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. May 27, 1993 Page 462 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. 12536--Investigative Identification Office Remodeling Municipal Square Building (Police Department) in the amount of $10,634.00 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/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: ATTEST: ecretary COMPLETE ADDRESS: 93-52A-462-373 (10.) Allen Teinert 202 Avenue Q Lubbock, Texas CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Allen Teinert Construction Co. CONTRACTOR By: TITLE: Construction Co. 79415 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4153 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #12550--Annual pricing for runway marking paint (Lubbock International Airport). Sherwin-Williams Paint Co.--2,000 gl. white marking paint; 900 gl. yellow marking paint. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. May 27, 1993 Page 463 93-52A-463-374 (11.) BID #12553--Sidehandle batons (Police Department). GT Distributors, Austin--250 ea. side handle baton expandable; 250 ea. side handle baton carriers. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-463-375 (12.) BID #12554--Annual pricing for light bars (Police Department). Law Enforcement Equipment Corp., Kansas City, KS--25 ea. emergency light bar Spec. 775. Pick Up Pals--10 ea. utility light bar Spec. 776. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-463-376 (13.) BID #12559--Marquee - Lubbock Memorial Civic Center, and authorize same (Civic Center). RESOLUTION #4154 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 Daktronics, Incorporated for a Message Center at the Lubbock Memorial Civic Center, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney May 27, 1993 Page 464 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of May, 1993 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 Daktronics, Inc. of the City of Brookings, and the State of South Dakota, 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. 12559--Marquee Lubbock Memorial Civic Center (Civic Center) in the amount of $92,742.00 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Daktronics, Inc. CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Daktronics, Inc. 331 32nd Avenue Brookings, South Dakota 57006 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4154 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 27, 1993 Page 465 93-52A-465-377 (14.) BID #12572--Irrigation System, Atzlan Mackenzie Park Link, and authorize same (Parks and Recreation). RESOLUTION #4155 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 J.R.'s Landscaping and Sprinkler Systems for an irrigation system at Atzlan-Mackenzie Park Link, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First 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 27th day of May, 1993 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 J.R.'s Landscaping & Sprinkler Systems of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12572--Irrigation System Atzlan Mackenzie Park Link (Parks and Recreation) in the amount of $36,000.00 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. May 27, 1993 Page 466 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary J.R.'s Landscaping/Sprinkler Systems CONTRACTOR By: TITLE: COMPLETE ADDRESS: J.R.'s Landscaping and Sprinkler Systems 1717 Avenue K, Suite 205 Lubbock, Texas 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4155 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-466-378 (15.) BID #12577--Police car striping_ removal (Police Department). Manuel's Body Shop--40 ea. Police car striping removal. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-466-379 (16.) ORDINANCE #9614--Zone Case #2269-N (97th Street east of Quaker Avenue) --Hold a public hearing to consider 14, Block E-2. ORDINANCE #9614 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2269-N; A ZONING CHANGE FROM C-2 TO R-1 SPECIFIC USE ZONING FOR TOWNHOUSE/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. May 27, 1993 Page 467 Mayor Langston opened the public hearing at 10:45 a.m. Henry Huneke appeared on behalf of H.A. Sessions to present this request for zone change from C-2 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:48 a.m. David Jones, Director of Planning, presented staff comments. According to staff memo, the proponent is reducing the commercially zoned property at the northeast corner of 98th and Quaker and rezoning it to residential. The west side of Quaker is already residential at this location. Mr. Jones gave the adjacent land use relationships as follow: North - residential South - C-2 vacant East - residential West - residential The adjacent property south of 98th and intersection have continued to develop as primarily residential. This request is consistent with both the Comprehensive Land Use Plan and zoning policy and should have a minimal effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9614 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-467-380 (17.) ORDINANCE #9615-- and consider ordinance. ORDINANCE #9615 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2701; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR RESIDENTIAL ESTATES ON A TRACT OUT OF THE NORTHWEST QUARTER OF SECTION 9, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:53 a.m. Henry Huneke appeared on behalf of Medallion Development to present this request for zone change from R-1 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:55 a.m. May 27, 1993 Page 468 David Jones, Director of Planning, presented staff comments. According to staff memo, this property is currently zoned R-1, and this request is to add "livestock" to the subdivision under the Residential Estates section of the zoning code. Mr. Jones gave the adjacent land use relationships as follow: North - R-1 and vacant South - R-1 and vacant East - R-1 and vacant West - R-1 and vacant This request is consistent with the Comprehensive Land Use Plan and zoning policy. The ordinance sets the total number of livestock for each lot based on size, and requires that a house be located on the property before the stock can be kept (i.e., a half acre lot can have two animals; for each additional 10,000 square feet, another animal is allowed, with a maximum of four animals). Provisions are made for temporary keeping of offspring through six months of age. Impact on traffic should be minimal as most will be from a private access drive. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Aderton to pass on first reading Ordinance #9615 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-468-381 (18.) ORDINANCE #9616--Zone Case #2702 (3609 23rd Street)- -Hold a public hearing to consider request of Buddy Barron (for J. 0. Brothers Estate) for a zoning change from R-1 to AM on Lot 5B, Block 1, Rockhaven Addition. ORDINANCE #9616 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2702; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOT 5B, BLOCK 1, ROCKHAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:57 a.m. Buddy Barron appeared on behalf of J. 0. Brothers Estate to present this request for zone change from R-1 to AM. Mrs. Hugh Anderson, 3607 23rd Street, spoke in opposition to this request. May 27, 1993 Page 469 93-52A-469-382 (19.) Mayor Langston closed the hearing at 11:05 a.m. David Jones, Director of Planning, presented staff comments. According to staff memo, the lot is within the Comprehensive Land Use Plan AM Policy District and will be a part of the medical development on the former Mecham home next door that was rezoned several months ago. Mr. Jones gave the adjacent land use relationships as follow: North - residential South - residential East - residential West - residential The proposal is consistent with the Comprehensive Land Use Plan. Any development on the parcel will be according to AM standards. When the parcel to the west was zoned, the City Council attached a condition for the sake of neighbors that use of the property would be medical or professional offices only. The proposal will have a minimal overall effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0 subject to the following condition: Limited to medical/professional offices. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9616 with the condition recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. for a zoning change from R-1 to C-2 on Lots 2 and 3, Block 1, Westend Place Addition. ORDINANCE #9617 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2627-C; A ZONING CHANGE FROM R-1 TO C-2 ZONING ON LOTS 2 AND 3, BLOCK 1, WESTEND PLACE, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:09 a.m. Charles Bolton appeared on behalf of Sandra Werthington to present this request for zone change from R-1 to C-2. No one appeared in opposition. Mayor Langston closed the public hearing at 11:11 a.m. May 27, 1993 Page 470 93-52A-470-383 (20.) David Jones, Director of Planning, presented staff comments. According to staff memo, this property contains a home and the former Bledsoe Railroad Station moved to the site by Gene Hemmle. Mr. Jones gave the adjacent land use relationships as follow: North - zoned C-4 vacant South - residential East - convenience store West - church These two lots, as well as the three lots west (where a church is located), remain on the Comprehensive Land Use Plan as residential. The balance of 19th Street between the Loop and Milwaukee is zoned commercial and also noted as commercial on the Plan. When the Plan was last updated in 1986, the existing residential use was honored. It was consensus of the P&Z Commission that a change of the Plan should be considered. This request is consistent with zoning policy and should have minimal effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0 with inclusion of a minor Comprehensive Land Use Plan change on Lots 2-6, West End Place Addition. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9617, with inclusion of a minor Comprehensive Land Use Plan change on Lots 2-6, West End Place Addition, recommended by P&Z and City Staff, and with the understanding that it is not the intention of Council to set a precedent by deviating from the Comprehensive Land Use Plan. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9618--Zone Case #2568-A (South and east of 82nd Street and Salem Avenue) --Hold a public hearing to consider reauest of Ted Rushing (for Lubbock Commercial Buildings, Inc.) for a zoning change from R-1 to C-2A (for a branch bank and professional offices only) on a tract out of Section 15, Block E-2. ORDINANCE #9618 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2568-A; A ZONING CHANGE FROM R-1 TO C-2A ZONING ON A TRACT OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:12 a.m. Ted Rushing appeared on behalf of Lubbock Commercial Buildings, Inc. to present this request that zoning for a parcel approximately 125 feet deep by 480 feet along 82nd be changed from R-1 to C-2A (branch bank and professional offices only). May 27, 1993 Page 471 93-52A-471-384 (21.) No one appeared in opposition. Mayor Langston closed the hearing at 11:15 a.m. David Jones, Director of Planning, presented staff comments. According to staff memo, the branch bank is a C2A permitted use; otherwise, the zone change request would be Garden Office (GO). Mr. Jones gave the adjacent land use relationships as follow: North - residential South - residential East - town homes West - church The request is a minor Comprehensive Plan. If Garden Office, it would buffer. north of 82nd variation from the the request were strictly meet current policy as a The development framework in this area south of 82nd, with the South Plains College campus and several churches, has never quite conformed with standard policy. With the proposed residential development behind this zone case proceeding with a plat approved April 31, 1993, the relatively light use created by a branch bank on a smaller tract should not create too much confusion. The proposed plat indicates that Salem will enter 82nd, thus additional congestion on 82nd from any new street intersections should be minimal. The branch bank or professional offices are closed after 6 or 7 p.m. and should have minimal effect on adjacent residential, both north and south of 82nd Street. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0 subject to the following conditions: 1. Limited to a branch bank; and 2. All unconditionally permitted GO uses. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Aderton, seconded by Councilmember Cooke to pass on first reading Ordinance #9618 with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. gasoline sales and automated car wash) on Tract F-3, Quaker Heights Addition. ORDINANCE #9619 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2678-A; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE ZONING FOR A CONVENIENCE STORE WITH GASOLINE SALES AND AUTOMATED CAR WASH ON TRACT F-3, QUAKER HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. May 27, 1993 Page 472 Mayor Langston opened the public hearing at 11:20 a.m. David Goyette appeared on behalf of Benton Oil Company to present this request for zone change from C-2 to C-3 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:23 a.m. David Jones, Director of Planning, presented staff comments. According to staff memo, the proponent is requesting C-3 Specific Use for a car wash and continued convenience store with gas sales. The format is the newer concept in convenience stores. Mr. Jones gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial The proposal is consistent with both Comprehensive Land Use Plan policy and zoning policy. The Planning Commission reviewed the proposed site plan and how the project will affect the looks of the corner. The Specific Use site plan recognizes a 25 foot setback for the canopy which has been common within numerous zone and ZBA cases during the last year. The proposal will have a minimal effect or change to existing traffic at this intersection. The driveway changes on the site plan reduces the conflict of customers trying to enter Quaker too close to the corner. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0, subject to the following conditions: 1. Limited to a convenience store with gasoline sales and an automated car wash; and 2. All unconditionally permitted C-2 uses. 3. If the car wash is not used as a commercial car wash by the operator of the premises, the car wash and the building housing the car wash shall be removed and the premises restored to comply with the building design and architectural conformity that exists as to the rest of the improvements at the location. (This condition was requested by the owner of the adjacent shopping center.) Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9619 with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. May 27, 1993 Page 473 4... 93-52A-473-385 (22.) ORDINANCE #9620--Zone Case #1996-E (Southeast of 66th Street and Chicago and southwest of 66th Street and Albany to 69th Street) --Hold a public hearing to consider request of David Goyette (for Lubbock Land Company) for zoning change from R-1. A-1 and C-2A to R-1 Specific Use (for townhouse/garden homes) and A- 1 nn trnrtc not of Ccrtinn 97 RlnrL, F-9 ORDINANCE #9620 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1996-E; A ZONING CHANGE FROM R-1 AND A-1 TO R-1 SPECIFIC USE ZONING FOR TOWNHOUSE/GARDEN HOMES, AND FROM R-1, A-1 AND C-2A TO A-1 ON TRACTS OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Councilmember Neugebauer recused and excused himself from discussion and voting on this item. Mayor Langston opened the public hearing at 11:25 a.m. David Goyette appeared on behalf of Benton Oil Company to present this request for zone change from C-2 to C-3 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:29 a.m. David Jones, Director of Planning, presented staff comments. According to staff memo, this request is a routine adjustment of zoning, including a down zone from commercial to residential, to accommodate a proposed residential in fill project. Mr. Jones gave the adjacent land use relationships as follow: North - apartments South - single family East - commercial and A-1 (vacant) West - single family The proposal is consistent with the Comprehensive Land Use Plan. The parcel on the north east corner is proposed from the existing A-1 and C-2A, plus 100 feet of R-1 on the south side of the tract, to A-1 as a potential family apartment tract. The parcel (along Chicago) on the west side will be zoned for garden homes or town homes where the current A-1 would permit apartments. The exclusion of A-1 in the center will already allow garden or townhomes as indicated on the plat as a permitted use. The proposal will have a dramatic effect on traffic as a result of the plat proposal to provide more than 50% of the right of way to link 66th with 69th Street to enter at Slide Road. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0. Staff supported the recommendation of the Planning and Zoning Commission. May 27, 1993 Page 474 93-52A-474-386 (23.) 93-52A-474-387 (24.) Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to pass on first reading Ordinance #9620 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays; 1 Recused-- Councilmember Neugebauer. Hold a public hearing concerning a rate change for South Plains Electric Cooperative. Jack Moss, representing South Plains Electric Cooperative, requested a continuance of the public hearing until June 24, 1993 at 11:00 a.m. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson approved the request for a continuance of the public hearing until June 24, 1993 at 11:00 a.m. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 234-265. RESOLUTION #4156 A 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 234-265, Preston Hills 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 of the above -mentioned Addition including the following streets: 83rd Lane from the West lip line of Elkhart Avenue to the cul-de-sac East of Frankford Avenue, known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2035. The East half of Frankford Avenue, curb and gutter only, from the North end of the alley return South of 83rd Lane to the North end of the alley return North of 83rd Lane, known and designated as New Subdivision Sub -Unit Number 51 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 BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. May 27, 1993 Page 475 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 27th day of May, 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 Councilmember Neugebauer recused and excused himself from discussion and voting on this item. This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 83rd Lane from Elkhart Avenue to the cul-de-sac east of Frankford Avenue. The east half of Frankford Avenue, curb and gutter only, from the alley south of 83rd Lane to the alley north of 83rd Lane. The alley paving indicated on the consolidated final estimate was done by alley use permit and is not part of this plat acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4156 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays; 1 Recused--Councilmember Neugebauer. May 27, 1993 Page 476 93-52A-476-388 (27.) Consider Resolution #4157 authorizing the Mayor to execute a special warranty deed by and between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation Center (2200 East 19th Street). RESOLUTION #4157 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to convey an 8.0 acre tract to the Lubbock Regional Mental Health and Mental Retardation Agency for construction of a hospital facility at that location; and WHEREAS, such conveyance is authorized by Sections 534.018 and 534.019 of the Texas Health and Safety Code and by Article 9, Section 13, of the Texas Constitution; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Special Warranty Deed by and between the City of Lubbock and Lubbock Regional Mental Health and Mental Retardation Center conveying 8.0 acres of land from the City to the Center, a copy of which Deed is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 27th day of May, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Warranty Deed is filed with Resolution No. 4157. This resolution authorizes the City to convey eight acres of land application site property to the Lubbock MHMR for a hospital facility. This facility will be located approximately 1,300 feet south of the 2200 block of East 19th Street. The Right -Of -Way Department recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4157 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 27, 1993 Page 477 93-52A-477-389 (28.) Consider Resolution #4158 authorizing the Mayor to execute a Funding Agreement with the Chatman Memorial Center. Inc. for the Chatman Hospital Restoration. RESOLUTION #4158 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Chatman Memorial Center, Inc. to provide funding from Community Development Block Grant funds for restoration of the Chatman Hospital. Said is Agreement 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 27th day of May, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, 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 Agreement is filed with Resolution No. 4158. On March 11, 1993, the Lubbock City Council approved the allocation of $250,000 of CDBG funds to the Chatman Memorial Center, Inc. The Funding Agreement to execute this project is proposed as a joint partnership which includes the Chatman Memorial Center, Inc., University Medical Center, and the City of Lubbock. The original cost estimate of $710,000 is to be shared equally between the three entities. The Board of Directors of Chatman Memorial Center, Inc. had been working toward meeting the goal of raising $250,000. Currently, they are $40,000 short of their goal but have a couple of grant applications pending. This contract represents the City's part of this Agreement. The revised cost estimate for the project is $667,750, which includes a 5% contingency. The contract specifies that the City will pay 33% of each pay request with a total commitment of up to $250,000. The project is moving quickly, with construction anticipated to begin by the end of the summer and an estimated completion date of Spring, 1994. UMC will commit to a long-term lease agreement for the operation and maintenance of the facility as a primary health care facility. May 27, 1993 Page 478 The Agreement follows a standard HUD approved format. The City will assist in the compliance with the federal bidding and pre -construction requirements with the Chatman Board of Directors taking a lead role in the administration of the project. Staff recommended approval for the City's share of this project. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize Resolution #4158 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. The City Council recessed for executive session at 11:42 a.m. 93-52A-478-390 (31.) Hold an executive session, in accordance with Art. 6252-17, Sec. 2(e), VATS, to discuss pending litigation (Finance Department). OICI&'f'a:11E,111*018)1 (32.) Hold an executive session, in accordance with Art. 6252-17, Sec. 2(g), VATS, to discuss personnel matters regarding duties, responsibilities and/or appointments to: Community Development Advisory Commission Human Relations Commission Planning and Zoning Commission The City Council reconvened their regular session at 1:19 p.m. 93-52A-478-392 (33.) Consider six appointments to the Community Development Advisory Commission. The terms of Kado Lang, E. Hoyse McMurtry, Mary Mauldin, Sharon Bennett_, Gary Cocanougher, and Jose Davila will expire on May 31, 1993. 93-52A-478-393 (34.) Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Vera Gonzales to replace Jose Davila, Marjorie Manning to replace E. Hoyse McMurtry, Judith Warman -Adams to replace Mary Mauldin, Blondell Lewis to replace Gary Cocanougher, and to hold appointments to replace Kado Lang and Sharon Bennett on the Community Development Advisory Commission. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke absent from the Council Chambers. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to hold on the appointment to replace Vivian Hupp on the Human Relations Commission. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke absent from the Council Chambers. May 27, 1993 Page 479 L. 93-52A-479-394 (35.) Consider one appointment to the Planning and Zoning Commission to replace Alfred Velasquez. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Mark Griffin to replace Alfred Velasquez on the Planning and Zoning Commission. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke absent from the Council Chambers. 93-52A-479-395 (25.) Consider Ordinance #9621 abandoning and closing a 7.5 foot utility easement located along the south 7.5 feet of Lot 7, Bobalet Heights Addition (1903 Vicksburg). ORDINANCE #9621 AN ORDINANCE ABANDONING AND CLOSING A SEVEN AND ONE-HALF FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 7, BOBALET HEIGHTS ADDITION, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This 7.5 foot utility easement was dedicated by plat in 1942 and has never been used. It lies along the south 7.5 feet of Lot 7, Bobalet Heights Addition, which is owned by Doyle and Margie McLeod. This easement has been requested closed by Mr. McLeod as part of the City's alley dedication project with him. No utilities are involved and all City departments are in agreement with this closure. The Right -Of -Way Department recommended the passage of this ordinance. Motion was made by Councilmember Neugebauer, seconded by Councilmember Aderton to pass on first reading Ordinance #9621 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke absent from the Council Chambers. May 27, 1993 Page 480 93-52A-480-396 (26.) Consider Resolution #4159 authorizing the Mayor to execute a street use license for an underground communications cable to Eastern New Mexico Rural (ENMR) Telephone Cooperative (north of 4th Street and Avenue H northward to the City Limits). RESOLUTION #4159 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 Street Use License Agreement with Eastern New Mexico Rural Telephone Cooperative (ENMR), attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 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 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 27th day of May, 1993, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and EASTERN NEW NEXICO RURAL TELEPHONE COOPERATIVE, a New Mexico corporation, hereinafter called "LICENSEE." May 27, 1993 Page 481 WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use portions of dedicated streets for a subsurface fiber optic communications cable, to -wit: BEGINNING at a point in the right-of-way on the Northwest corner of the intersection of North University Avenue and Kent Street, City of Lubbock, Lubbock County, Texas; THENCE continuing East on the North side of Kent Street to North Avenue Q; THENCE South along the West side of North Avenue Q, under Loop 289 to the Eastbound access road of Loop 289; THENCE West along the South side of the Eastbound access road of Loop 289 to North Avenue S; THENCE South along the East right-of-way line of North Avenue S to Erskine Street; THENCE East along the South right-of-way line of Erskine Street to North Avenue P; THENCE South along the East right-of-way line of North Avenue P to North Avenue Q (Texas Hwy. Spur 326); THENCE East crossing under North Avenue Q, thence South along the East right-of-way line of North Avenue Q, a distance of 178.00 feet, thence East a distance of 180.00 feet to North Avenue N; THENCE Southeast along the Northeast side of North Avenue N to Baylor Street; THENCE along the North side of Baylor Street and proceeding East on Baylor Street to a point on the East side of North Avenue K; THENCE South along the East side of North Avenue K to 1st Street; THENCE East along the North side of 1st Street to Avenue J; THENCE South along the East side of Avenue J to 1st Place; THENCE East along the North side of 1st Place a distance of 508.00 feet to a point being on the West side of the concrete alley; THENCE South along the West side of the concrete alley to a point on the North side of 2nd Place; THENCE West along the North side of 2nd Place to Texas Avenue; THENCE South along the West side of Texas Avenue to 3rd Street; THENCE East along the South side of 3rd Street a distance of 218.00 feet to a point being on the East side of existing alley; May 27, 1993 Page 482 THENCE South in alley to 4th Street, crossing under 4th Street to a point on the South side of 4th Street; THENCE South along an existing utility easement crossing under Santa Fe Railroad tracks to an ending point located at a pole on the South side of the railroad tracks to the POINT OF BEGINNING. The term of this grant shall be for five (5) years from date hereof, and shall be, by mutual agreement, extended for successive five (5) year terms not to exceed twenty (20) years in any event, unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license, with or without cause, upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postpaid, addressed to LICENSEE at: ATTN: Robert M. Harris, ENMR, P. 0. Drawer 1947, 1711 N. Prince Street, Clovis, NM 88102-1947, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of ONE THOUSAND FIVE HUNDRED FORTY-THREE AND 47/100 DOLLARS ($1,543.47) cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies es- tablished by the City Council of the CITY OF LUBBOCK and an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all claims and costs arising out of the exercise of this license herein granted including, but not limited to, the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the the construction authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the license herein granted interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating, rerouting or realigning, in addition to any other sums which this license requires LICENSEE to pay. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. May 27, 1993 Page 483 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees, harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance or use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. CITY OF LUBBOCK shall not be liable to LICENSEE for any damages to LICENSEE'S cable licensed hereunder arising out of the construction, reconstruction or maintenance of the CITY OF LUBBOCK'S street or any of CITY OF LUBBOCK'S utilities in the area occupied by LICENSEE'S cable by any City department. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy `. covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors, of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). May 27, 1993 Page 484 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary AGREED TO AND ACCEPTED this 27th day of May, 1993. EASTERN NEW MEXICO RURAL TELEPHONE COOPERATIVE BY: ROBERT M. HARRIS EXECUTIVE VICE-PRESIDENT APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DAVID R. LANGSTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the CITY OF LUBBOCK and as MAYOR. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1st day of June, 1993. /s/ Beatriz M. Rodriguez Notary Public in and for the State of Texas May 27, 1993 Page 485 THE STATE OF NEW MEXICO § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared ROBERT M. HARRIS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of EASTERN NEW MEXICO RURAL TELEPHONE COOPERATIVE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 1993. Notary Public in and for the State of New Mexico Mayor Langston recused himself from discussion and voting on this item. This resolution authorizes the Mayor to sign a street use license for ENMR to enter the City at North University and Kent Street, continue eastward to North Avenue Q, southward to Erskine Street, southeastward across Avenue Q, Avenue N, and 1st Street to Avenue H, then southward to just south of 4th Street where it will interchange with the NTS Communications Network. ENMR will not be providing any local telephone service; therefore, a franchise agreement will not be executed. A street use license is the appropriate method of handling this cable installation. This fiber optics cable will travel through North Lubbock for 25,581 feet and will occupy an area one -foot in width. The cable will all be underground in the street parkway areas and street and alley crossings will all be bored to avoid damages. ENMR met with the City and all local utility companies on May 11, 1993 to discuss their route and to answer questions and comments. Two-thirds of their route will be located along undeveloped or farmland type property in the City, so the impact will be minimal. This license will be for 20 years, and they will be charged $1,543.47 for each five-year term, or $308.69 per year. This value was calculated by giving a value to the footage through each section of the City. The areas along 4th Street, Avenue H, and North Avenue S were valued at 30t per square foot. The areas along Erskine and Baylor Street were valued at 20¢ per square foot and the area north of Loop 289 was valued at 13.7¢ per square foot. Adding these values by their approximate footage locations, staff arrived at a total value of $5,144.90. Applying the street use license formula for underground usage of the right-of-way, staff arrived at a yearly value of $308.69 (10% x 60% x $5,144.90). Construction is to begin next month and all utilities are in agreement. The Right -Of -Way Department recommended approval. May 27, 1993 Page 486 Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4112 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays; 1 Recused--Mayor Langston; Councilmember Cooke absent from the Council Chambers. 93-52A-486-397 (29.) Consider Resolution #4160 authorizing the Mayor to execute an addendum between the City of Lubbock and Delta Air Lines Inc. to amend the airline lease mandated regulations under FAR 107.14. RESOLUTION #4160 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. 2 to the Airline Lease Agreement by and between the City and Delta Airlines, 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 27th day of May, 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 Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney ADDENDUM NO. 2 TO ARILINE LEASE AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK, TEXAS AND DELTA AIRLINES, INC. WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City," and Delta Airlines, Inc., hereinafter referred to as "Lessee," executed an Agreement on or about June 9, 1983, in which Lessee agreed to lease from City space and facilities in the terminal building at Lubbock International Airport sufficient to conduct its business of air transportation at said Airport; and May 27, 1993 Page 487 WHEREAS, both City and Lessee, pursuant to Article VII of the above -referenced Agreement, have in good faith renegotiated certain charges for the use of such space and facilities in the terminal building, and desire to amend the Agreement executed on or about June 9, 1983, to relfect such renegotiated charges; NOW, THEREFORE, the Arline Lease Agreement hereinabove referred to is hereby amended as follows: 1. Article VI of said Agreement is hereby amended by adding Section 6.09 thereto, which shall read as follows: Section 6.09 - Airport Security Fee Notwithstanding any other provision contained in this Agreement, Lessee herein agrees to pay City on a monthly basis Lessee's proportionate share of the total operational costs related to compliance with 14 C.F.R. Part 107 according to the following formula, to wit: 20% of the total charges shall be divided equally among all Certificated Passenger Air Transportation Companies and the remaining 80% prorated based on each such carrier's percentage of enplanements in the preceding month. Effective October 1, 1992, the fee jointly charged to Lessee and all other air carriers at the Airport for the operational costs related to compliance with 14 C.F.R. Part 107 shall be $5.93 per sq. ft. per year for 45,942.222 square feet of common boarding lounge area, and Lessee agrees to pay its pro rata portion of such fee according to the above formula. This fee is based on the total estimated costs projected by the City and the air carriers as necessary for compliance with 14 C.F.R. Part 107 in 1992, a_copy of which estimate is attached hereto as Exhibit No. 1 and incorporated herein by reference, and the amount of square footage of common boarding lounge area being utilized by Certificated Passenger Air Transportation Companies at the Airport at the time the estimate was prepared. ... On January 1 of each year hereafter for the remainder of this Lease, the fee for the operational costs related to compliance with 14 C.F.R. Part 107 shall be adjusted upward or downward in accordance with the increase or decrease in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Government. Also, the total actual operational costs incurred by the Airport each year in complying with 14 C.F.R. Part 107 will be reviewed at the end of each such year by Lessee and the Director of Aviation and a pro rata adjustment made for either overpayment or underpayment of the fee necessary to defray all such actual costs. City herein agrees to immediately adjust the rate charged to Lessee and other air carriers for any reduction in personnel whose positions are funded by the fee hereinabove discussed and for any other material changes in the total estimated costs projected by the City and such air carriers annually as necessary for compliance with 14 C.F.R. Part 107. City further agrees to establish a separate fund or account in which to maintain fees received from Lessee and other air carriers purusant to this Section 6.09, and that all records indicating payments into and expenditures from this fund or account shall be subject to review by Lessee and such other air carriers. May 27, 1993 Page 488 2. All other terms and conditions of the Agreement executed between the City and Lessee on or about June 9, 1983, and subsequently amended by Addendum No. 1 on or about January 11, 1989, are hereby ratified and, except as modified above, shall be and remain the same. EXECUTED this 27th day of May, 1993. CITY OF LUBBOCK DELTA AIRLINES, INC. BY:/s/ David R. Langston David R. Langston, Mayor ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney BY:/s/ Harris Morris Harris Morris, Vice President ATTEST: /s/ Mary E. Raines Mary E. Raines The Federal Aviation Administration has mandated certain upgrades to the security of passenger terminals by further restricting access into sterile areas. At the Lubbock International Airport this regulation is being implemented by installing a computer controlled access system. Although the installation of this system is mandated and paid for through FAA programs, the operation of the system falls on the Airport. Since this system is directly related to certificated passenger airlines serving the Airport, these airlines have agreed to offset the operational costs through the collection of a security charge. This fee will be collected through a formula similar to the airline's common area formula and is estimated to collect about $270,000 per year. This money will be collected into a special fund and will be used to offset actual costs related to the operation of the compliance to the above mentioned regulations. These costs will be determined monthly to reflect the level of actual costs incurred. The existing airline agreements that this addendum amends expire in 1999. Staff has approved this addendum and the Airport Board, in their September 16, 1992 meeting, unanimously approved it for recommendation to the City Council. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Aderton to authorize Resolution #4114 as recommended by the Airport Board and City Staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke absent from the Council Chambers. May 27, 1993 Page 489 93-52A-489-398 (30.) improvements to the City of Lubbock Water Treatment Plant, Terminal Storage Reservoir Rehabilitation. RESOLUTION #4161 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 No. 1 to a contract previously entered into by and between the City of Lubbock and Red River Construction Company for Water Treatment Plant Improvements and Terminal Storage Reservoir Rehabilitation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 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 A copy of the Change Order is filed with Resolution No. 4161. The initial contract amount for construction of this project was $1,247,750 and the scope of the project was to remove badly damaged liner, to repair and rework interior embankments, and to replace damaged liner with approximately 30,000 square yards of concrete. In the course of this project it was necessary to perform additional work due to the fact that, until the existing liner was removed and deteriorated slopes were revealed, this work was not obvious. The majority of the additional work performed was in the corner sections where the damage was the most severe. May 27, 1993 Page 490 Due to the nature of this project and the need to have a sound and solid terminal storage reservoir for the water treatment plant operation, it was staff recommendation to accept the Change Order of $20,843.20 as presented by HDR, engineering consultant for the project, and Red River Construction, resulting in a total cost of construction of $1,268,593.20 which would be approximately 1.7% over the original contract amount. The Council budgeted $1,800,000 in FY 92-93 for this work, providing a large contingency fund primarily to allow for such unknown conditions. Motion was made by Councilmember Ince, seconded by Councilmember Aderton to authorize Resolution #4115 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke absent from the Council Chambers. There being no further business to come before Council, motion was made by Councilmember Patterson, seconderb uncilmember Neugebauer to adjourn the meeting at 1:35 p.m. Mca ied: 6 Yeas; 0 Nays--Councilmember Cooke absent fr Cou Cil C� trey. ATTEST: e Betty M. Joh on, City Secretary Read and approved this the loth day ATTEST: 4-C�L ett . Joh son, City Secretary