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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/10/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 10, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of June, 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, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty Johnson. Absent: Councilmember T. J. Patterson and Councilmember Alex Cooke. Mayor Langston called the meeting to order at 10:00 A.M. ( 1.) The Invocation was given by John C. Ross, Jr., City Attorney. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments 93-52A-493-399 ( 4.) Max Winn will appear to address the City Council regarding Lake Alan Henry. 93-52A-493-400 ( 5.) Max Winn appeared to address the City Council regarding Lake Alan Henry. Mayor Langston explained that it would not be prudent to discuss the issue at this time because of pending litigation. Mayor Langston confirmed that an investigation is taking place to bring the City Council up to date before any decisions are made relative to Lake Alan Henry. Emilio Sauceda appeared on behalf of Rev. Reynaldo Quintanilla to request a loudspeaker permit for a church revival he is sponsoring for his congregation. The request is for Monday through Sunday, June 21-27, 1993, from 7:30 p.m. until 10:30 p.m., and the event will take place at 302 N. Avenue U. According to staff memo, all residents in the area were petitioned by Rev. Quintanilla and except for one individual all approved the event. Charles Green, of 2106 Cornell, checked a negative response, not because he was against the revival but because he did not want to get involved. Mr. Quintanilla indicated that he felt Mr. Green did not understand the petition. Staff recommended approval. June 10, 1993 Page 494 Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Aderton to approve the request of Rev. Reynaldo Quintanilla for a loudspeaker permit for June 21-27, 1993. Motion carried: 5 Yeas; 0 Nays. ( 6.) Motion was made by Councilmember Aderton, seconded by Councilmember Ince to approve the minutes of the May 20, 1993 Special City Council Meeting and May 27, 1993 Regular City Council Meeting as written. Motion carried: 5 Yeas; 0 Nays. 93-52A-494-401 ( 7.) ORDINANCE #9614--Zone Case #2269-N (97th Street east of Quaker Avenue) --Request of Henry L. Huneke (for H. A. Sessions) for a zoning change from C-2 to R-1 Specific Use (for townhouse/garden homes) on a tract of out of Section 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. 93-52A-494-402 ( 8.) Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9614 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. tract out of the northwest quarter of Section 9, Block A. 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. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9615 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 495 93-52A-495-403 ( 9•) 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. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9616 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 93-52A-495-404 (10.) ORDINANCE #9617--Zone Case #2627-C (6103 and 6105 1Qth Ctraatl--Ranllact of rhnrlac Rnitnn ffnr Sand 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. 93-52A-495-405 (11.) Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9617 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 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. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9618 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 496 93-52A-496-406 (12.) ORDINANCE #9619--Zone Case #2678-A (Northwest corner of 82nd Street and Quaker Avenue) --Request of David Goyette (for Benton Oil Company) for a zoning chance 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. 93-52A-496-407 (13.) Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9619 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 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. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9621 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 93-52A-496-408 (14.) Consider Resolution #4162 accepting paving improvements constructed by Craft Construction Co., in Whisperwood Addition, Lots 124-A through 134-A. RESOLUTION #4162 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 124-A through 134-A, Whisperwood Addition, made arrangements with Craft Construction Company, for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat for the above -mentioned Addition including the following streets: 1st Place from the Right -of -Way P.C. at Lot 126-A to the cul-de-sac Northwest, known and designated as New Subdivision Sub -Unit Number 52 of Unit Number 2035. June 10, 1993 Page 497 WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this loth day of June, 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: r /s/ Harold Willard L 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 paving and curb and gutter on: 1st Place from the point of curvature at Lot 126-A, Whisperwood Addition, to the cul-de-sac northwest. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4162 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 498 93-52A-498-409 (15.) Consider Resolution #4163 accepting paving improvements constructed by Ronnie Zahn Paving, Inc., in Santa Fe Park, Lot 11. RESOLUTION #4163 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 11, Santa Fe Park Addition, made arrangements with Ronnie Zahn Paving, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat for the above -mentioned Addition including the following streets: Iola Avenue from the North lip line of 45th Street to the South lip line of 43rd Street, known and designated as New Subdivision Sub -Unit Number 10 of Unit Number 2035. WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this loth day of June, 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 paving and curb and gutter on: Iola Avenue from 45th Street to 43rd Street. June 10, 1993 Page 499 There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4163 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 93-52A-499-410 (16.) Consider Resolution #4164 accepting paving improvements constructed by Craft Construction Co., in Stonegate Addition, Lots 367-372 and Tract B. RESOLUTION #4164 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 367-372 and Tract 'B', Stonegate Addition, made arrangements with Craft 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: The alley return on the East side of Genoa Avenue between 72nd Street and 73rd Street, known and designated as New Subdivision Sub Unit Number 48 of Unit Number 2035. The alley return on the North side of 73rd Street between Genoa Avenue and Frankford Avenue, known and designated as New Subdivision Sub Unit Number 49 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. June 10, 1993 Page 500 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 loth day of June, 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 alley returns on: The east side of Genoa between 72nd Street and 73rd Street. The north side of 73rd Street between Genoa Avenue and Frankford Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4164 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 93-52A-500-411 (17.) Consider Resolution #4165 authorizing the acceptance of water and sewer improvements for Lots 367 through 372 and Tract B, Stonegate Addition. RESOLUTION #4165 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 367 THROUGH 372 AND TRACT "B", STONEGATE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Stonegate Addition Lots 367 through 372 and Tract "B", to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $5,428.50, with the improvements constructed by Craft Construction Co. having a value of $5,078.50, as determined by the unit prices established by said Chapter 28 and $350.00 cash paid to the City, with Craft Development Corp., the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and June 10, 1993 Page 501 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this loth day ofJune, 1993. /s/ David R. Langston DAVID M. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of these improvements is $5,428.50 including value of construction costs of $5,078.50 and $350 cash paid to the City of Lubbock. The developer, Craft Development Corp., will receive no refund in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4165 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 502 93-52A-502-412 (18.) Consider Resolution #4166 authorizing the acceptance of water and sewer improvements for Tract E. Pheasant Run Addition. RESOLUTION #4166 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT "E", PHEASANT RUN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Pheasant Run Addition, Tract "E" to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $28,424.27, with the improvements constructed by Utilities Contractors of America having a value of $27,117.70, as determined by the unit prices established by said Chapter 28 and $1,306.57 cash paid to the City, which amount includes $759.07 for adjacent lines, with Cornerstone Bible Church, the developer, to receive a refund of $17,556.71 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $17,556.71 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this loth day ofJune, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney June 10, 1993 Page 503 According to staff memo, this is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of these improvements is $28,424.27, including value of construction costs of $27,117.70 and $1,306.57 cash paid to the City of Lubbock (includes $759.07 for adjacent lines). The developer, Cornerstone Bible Church, will receive a refund of $17,556.71 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended approval of this resolution. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4166 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 93-52A-503-413 (19.) Consider Resolution #4167 authorizing the acceptance of water and sewer improvements for Lot 11, Santa Fe Park Addition. RESOLUTION #4167 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 11, SANTA FE PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lot 11, Santa Fe Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $17,866.16 with the improvements constructed by Utility Contractors of America, having a value of $17,241.40 as determined by the unit prices established by said Chapter 28 and $624.76 cash paid to the City, with Lubbock Development, Inc. the developer to receive a refund of $9,533.31 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of 0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $9,533.31 be made in accordance with said Chapter 28. June 10, 1993 Page 504 SECTION 3. THAT a refund of deposit be made in the amount of am SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this loth day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of these improvements is $17,866.16, including value of construction costs of $17,241.40 and $624.76 cash paid to the City of Lubbock. The developer, Lubbock Development, Inc., will receive a refund of $9,533.31 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4167 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 505 93-52A-505-414 (20.) Consider Resolution #4168 authorizing the Mayor to sign a proposal to the Texas Department of Health for continued grant funding for the AIDS Education Coordinator Program. RESOLUTION #4168 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a grant application and associated documents for a Texas Department of Health grant for funding of an AIDS Education Coordinator, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of June, 1993 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, this proposal for $36,078 to the Texas Department of Health (TDH) is for renewal of the grant -funded AIDS Education Coordinator Program to continue efforts in reaching high -risk women of child-bearing age and adolescents between 14-18 years of age. The AIDS Education Coordinator Program also is charged with coordinating the HIV/AIDS education in Lubbock County. The coordinator meets regularly with AIDS Educators in the County, matches organizations with appropriate speakers, and strives to prevent duplication of effort. TDH has funded the AIDS Education Coordinator Program since January, 1990. During the last 18 months, the AIDS Education Coordinator has completed over 300 presentations, reaching over 13,000 individuals in Lubbock County. The majority of the 13,000 individuals receiving HIV Education were high -risk women and high -risk adolescents. Staff believes that this is a valuable program in helping prevent the spread of HIV and which needs to be continued. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4168 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 506 93-52A-506-415 (21.) 93-52A-506-416 (22.) 93-52A-506-417 (23.) 93-52A-506-418 BID #12483--Gas chromatograph (Water Treatment). This item was deleted from the agenda. BID #12533--Annual pricing for engine filters (Auto Parts Warehouse). Barrett's Automotive Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 5 Yeas; 0 Nays. BID #12546--Paratransit van (Citibus). Texas School Bus Center, Lewisville Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 5 Yeas; 0 Nays. (24.) BID #12571--Water supply line to Reese Air Force Base -Phase 1. and authorize same (Water Utilities). RESOLUTION #4169 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 BRB Contractors, Incorporated for a water supply line to Reese Air Force Base -Phase I, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of June, 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 June 10, 1993 Page 507 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of June, 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 BRB Contractors 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. 12571--Water Supply Line to Reese Air Force Base Phase I (Water Utilities) in the amount of $634,848.25 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 %M.W 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 Secretary APPROVED AS TO CONTENT: ATTEST: Secretary /s/ David R. Langston Mayor APPROVED AS TO FORM: BRB Contractors, Inc. CONTRACTOR By: TITLE: COMPLETE ADDRESS: BRB Contractors, Inc. P.O. Box 8128 Topeka, KS 66608 June 10, 1993 Page 508 93-52A-508-419 (25.) 93-52A-508-420 (26.) Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4169 as recommended by Staff. Motion carried: 5 Yeas; Nays. BID #12585--Paint-Up Program supplies (Community Development). Sherwin Williams Paint Co. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 5 Yeas; 0 Nays. ORDINANCE #9620--Zone Case #1996-E (Southeast of 66th Street and Chicago and southwest of 66th Street and 4lh2nv to AQth Ctraatl--Raniiact of navid anvatta townhouse/garden homes) and A-1 on tracts out of Section 27, Block E-2. 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. Motion was made by Councilmember Ince, seconded by Mayor Pro Tem Trejo to authorize Resolution #9620 as recommended by Staff. Motion carried: 4 Yeas; 0 Nays; 1 Recused--Councilmember Neugebauer. 93-52A-508-421 (27.) Hold a public hearing to determine the public convenience and necessity for a limousine permit on behalf of Classic Limousine, and take appropriate action. Mayor Langston opened the public hearing at 10:30 a.m. Gary L. LeCroy appeared on behalf of Classic Limousine to request a limousine permit. John O'Shea, Attorney, spoke in favor of this request. No one appeared in opposition. Mayor Langston closed the hearing at 10:35 a.m. June 10, 1993 Page 509 Anna Mosqueda, Assistant to the City Manager, stated that Mr. LeCroy's application request is to permit one vehicle to provide limousine service within the City of Lubbock. The vehicle identified is a 1985 Cadillac stretch limousine. Section 27-103 of the City of Lubbock Vehicle for Hire Ordinance requires the City Council to hold a public hearing on applications to consider whether the public convenience and necessity would be served by the issuance of the permit, and in determining this shall consider the following factors: 1. The financial responsibility of the applicant. 2. The number, kind, age and type of equipment and color scheme to be used by the applicant. 3. The probable effect of increased service on local traffic conditions. 4. Whether the safe use of the streets of the City by the public, both vehicular and pedestrian, will be endangered unduly by the granting of the proposed additional service. 5. The character, experience and responsibility of the applicant. 6. Whether the applicant is fit, able and willing to perform the service on a regular and continuous basis. Ms. Mosqueda said that Mr. LeCroy had submitted an application for a limousine permit along with a personal history statement. Staff received a certificate of insurance for Classic Limousine for automobile liability insurance coverage required by the ordinance in the amounts of $50,000 bodily injury per person, $100,000 bodily injury per accident, and $50,000 property damage. In addition, a performance bond for Classic Limousine for the required amount of $2,000 was also received. According to Ms. Mosqueda, the applicant has met the basic requirements of the permit regarding performance bond and liability insurance, along with identifying the number, kind, and type of equipment he will be using. Mr. LeCroy indicated he would use gray and white vehicles only. Presently, three other permitted limousine services for the City of Lubbock also use either white, beige or black limousines. June 10, 1993 Page 510 Although the ordinance is specific regarding some of the basic requirements which the applicant must fulfill, it is more general regarding the parameters that Council needs to consider in deliberating and determining public convenience and necessity for an additional limousine service to be permitted. Therefore, the Council has more latitude in evaluating those factors pertaining to financial responsibility, character, experience, and responsibility, and whether the applicant is fit, able and willing to perform the service on a regular and continuous basis. Staff outlined below some points the Council may use in their deliberation in determining public convenience and necessity. 1. Financial Responsibility. Council received a copy of the application submitted along with a personal history statement which includes an employment record and educational history, arrests, detentions and litigation, traffic records, financial history, and references. In order to provide the Council some insight into the applicant's financial responsibility, the City Internal Audit Department reviewed the application and a copy of the memo was provided. At the time of Mr. LeCroy's application he listed his current employer as Cosmopolitan Investment Corporation (C.I.C.). Since that time, Mr. LeCroy informed staff that he was no longer employed by C.I.C. and that his income is derived from his rental property. There were copies of a promissory note and security agreement with Plains National Bank included with the application; however, they were not signed. The financial information indicates this note is for a loan for the limousine which Mr. LeCroy will be using in his business. The financial information submitted with the application indicated that Mr. LeCroy is paying for three rental properties and one homestead. It appears that the rental properties are currently rented and in addition, Mr. LeCroy receives mortgage payments for a home he previously sold. This income appears to be adequate to cover the monthly amount he pays on open accounts. June 10, 1993 Page 511 Nothing was found in the course of the internal audit review to indicate that a permit should not be granted to Classic Limousine. Ms. Mosqueda noted, however, that this is a new business venture which appears to be operating with extremely limited capital. It is therefore difficult to draw any conclusions regarding the level of success that could reasonably be achieved by this organization. The success or failure of this operation will ultimately depend on the initiative of Mr. LeCroy and market response to this operation. 2. Number, Kind, Age, Type of Equipment, and Color Scheme. The applicant indicated that he will be using a 1985 Cadillac stretch limousine. The vehicle he will be using meets the description of a late model luxury car outlined in the limousine section of the Vehicle for Hire Ordinance. The applicant has also requested permitting for one limousine. Regarding the color scheme, Mr. LeCroy will use white or gray vehicles. 3.&4. Probable Effect on Traffic Conditions and Safety of the Streets. Staff anticipates no significant impact on the City streets or airport traffic due to the addition of this company. 5. Character, Experience and Responsibility of Applicant. In his personal history information, Mr. LeCroy indicated that he was detained by police in September of 1986 regarding a burglary charge for which he was given probation. In addition, he received a traffic citation in March of 1984 for having no proof of insurance and attended defensive driving as a result of having received this citation. There are no other infractions listed and a routine criminal history and driving record history verifies Mr. LeCroy's application statement and found it to be correct as stated. June 10, 1993 Page 512 Efforts were made to contact all of Mr. LeCroy's reference checks except for Mr. Larry Lowe, whose address is Safety Harbor, Florida. Staff received a favorable response from Mrs. Alva Morena, Human Resource Specialist, who has known Mr. LeCroy for six years and described him as friendly, courteous and honest. A letter of reference was also submitted by Mr. J.C. Adams. In addition, employment references were checked and all gave favorable comments. 6. Is the Apalicant Fit. Able and Willing to Perform the Service? Submission of the application and all the required information indicates a willingness to perform the service. Mr. LeCroy proposed a rate structure according to the various zones set out by the Lubbock Code and the fee proposed by Mr. LeCroy is a flat rate of $50 per hour, for a minimum of one hour service. He has proposed no incremental charges other than the flat $50 per hour fee. The other providers of the limousine service are: Sexton Enterprises (1 vehicle) Hourly rate: $50 White Knights Limousine (2 vehicles) Hourly rate: $50 for first hour $12.50 for every one-fourth hour thereafter Airport Service: $35 for Zones 1-5 If over 45 minutes, then $50 per hour Royal Coach (8 vehicles) Hourly: $43.50 per hour; thereafter first 5 minute increment $5 and $3.50 for subsequent 5 minute increments plus $5 for each additional passenger. Airport Service: Zone 1 - $ 8.50 Zone 2 - $15.50 Zone 3 - $19.00 Zone 4 - $22.50 Zone 5 - $26.00 + $2.50 for each additional passenger Upon approval by Council, the City Garage will inspect Mr. LeCroy's vehicle before the permit will be issued. In addition, Mr. LeCroy has revised his application to indicate that his business address will be 3306 Avenue L, Lubbock, Texas 79423. Initially, there was a problem with his previous address because it was zoned residential. The new location is zoned 1HC and meets the requirements to operate a limousine service as approved by the Planning Department. June 10, 1993 Page 513 Ms. Mosqueda advised that staff has no concerns about approval and issuance of a permit for Classic Limousine to operate a limousine service in the City of Lubbock. Mr. LeCroy indicated that he will not submit a request to the Airport Board to service the airport since he would be unable to meet all incoming flights at Lubbock International Airport with only one vehicle. Ms. Mosqueda said that the other limousine services and taxicab company in the City of Lubbock had been notified regarding this public hearing. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Aderton to approve the application of Gary LeCroy for issuance of a limousine permit to Classic Limousine. Motion carried: 5 Yeas; 0 Nays. 93-52A-513-422 (28.) Consider Resolution #4170 authorizing the Mayor to sign and contract with the Texas Department of Housing and Community Affairs to assist low-income families with weatherization services. RESOLUTION #4170 WHEREAS, the City of Lubbock has been offered two (2) Contracts from the Texas Department of Community Affairs to administer a program to weatherize the homes of low income families in Lubbock County; and WHEREAS, the City Council of the City of Lubbock believes it to be in the best interest of the health, safety and welfare of the citizens of the County of Lubbock to make it possible for low income families to conserve energy and to reduce energy costs; NOW THEREFORE: 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 two (2) Contracts and related documents with the Texas Department of Community Affairs for the Weatherization Assistance Program in the anticipated amount of $102,140 for the period of April 1, 1993 through March 31, 1994. Said Contracts are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this loth day of June, 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 June 10, 1993 Page 514 A copy of the Contract between the City of Lubbock and the Texas Department of Housing and Community Affirs for Weatherization Assistance/Enhanced Weatherization Assistance Program is filed with Resolution No. 4170. The City of Lubbock recently transitioned the Weatherization program funded by the Texas Department of Housing and Community Affairs from the Neighborhood and Community Services Department to the Housing and Community Development Department. With this transition staff has consolidated all housing efforts into one department. The City of Lubbock has participated in the weatherization program for several years. The program provides weather stripping, insulation and other cost-cutting weatherization repairs. The total grant is $102,140 and the program allows funding for 92% for funding direct services, and 8% for administration. The repairs cannot exceed $1,748 per home and staff anticipates that approximately 53 families will receive assistance under this program while working in partnership with other Community Development funded projects. Staff recommended the approval of these Grant Contracts. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution #4170 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 515 93-52A-515-423 (29.) Consider Resolution #4171 authorizing the Mayor to execute a Funding Agreement with the Lubbock Regional MHMR - Youth Outreach Opportunities (the Drug Elimination Program). RESOLUTION #4171 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 Lubbock Regional Mental Health and Mental Retardation Center to provide up to $63,000.00 from Department of Housing and Urban Development funds to be used in the MHMR Drug Elimination Program. Said Agreement 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 loth day of June, 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 between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation Center is filed with Resolution No. 4171. On March 11, 1993 the Lubbock City Council approved the allocation of $63,000 of CDBG funds to continue the drug elimination program through a second year requiring a funding agreement to initiate the program. According to staff memo, in August, 1992, the City of Lubbock contracted with Lubbock Regional MHMR to establish a Youth Outreach Opportunities Program. The mission of this project was to implement and promote a comprehensive, drug education, prevention and intervention system that utilizes the services offered by existing agencies. The targeted results of the program include reducing the rate of school drop -outs, teen pregnancy, vandalism and other gang related activity. To achieve these goals, two staff members were hired to work with the targeted population in geographic areas. The funds allocated to MHMR were for $44,404 for a period that ended May 30, 1993. June 10, 1993 Page 516 The requested funding for two outreach workers will concentrate on the Parkway and Cherry Point Neighborhoods. This program will benefit at -risk individuals and place positive role models on the streets in these neighborhoods. Staff recommended approval of funding agreement for the Lubbock MHMR Youth Opportunities program. Funding for the continuation of the program beyond that time period should be reviewed by the Community Development Advisory Committee and included in the annual allocation for the 1994-95 CDBG Year Program. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4171 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 93-52A-516-424 (30.) Consider Resolution #4172 authorizing the Mayor to execute a Funding Agreement with the Lubbock Regional MHMR - Facility Acquisition. RESOLUTION #4172 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 Lubbock Regional Mental Health and Mental Retardation Center to provide up to $100,000.00 from Department of Housing and Urban Development funds toward the purchase of a building to house MHMR services. Said Agreement 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 loth day of June, 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 between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation Center is filed with Resolution No. 4172. On March 11, 1993, the Lubbock City Council approved the allocation of $100,000 of CDBG funds to the Lubbock MHMR for the facility acquisition at 1602 loth Street requiring a Funding Agreement to execute this project. June 10, 1993 Page 517 W=0 According to staff memo, the Board of Trustees of Lubbock Regional MHMR has requested Community Development Block Grant funds to provide partial financing for the purchase of an office building to house MHMR services currently located at 1210 Texas Avenue. The downtown building currently houses the mental health programs including psychiatric, outpatient, case management, children services and crisis intervention team, drug abuse services including methadone maintenance, drug -free and AIDS prevention services, administration offices including the business offices, personnel, volunteer services and standard and quality assurance. The downtown facility currently provides direct services to approximately 4,000 clients per year. Following the passage of the Americans with Disabilities Act (ADA), effective October 1, 1992, the current facility does not meet ADA or other building requirements or codes. It is not possible for the building to be brought up to compliance due to the basic design and construction. The Board of Trustees of Lubbock Regional MHMR intend to purchase the IBM building located at the northwest corner of loth and Avenue 0 for $525,000. They have received $75,000 from the County for moving and facility acquisition. The Board of Trustees of Lubbock Regional MHMR is arranging to finance through American State Bank for the remaining $350,000 of the cost. The $100,000 of CDBG funds will be used for a down payment for the purchase of the office building, and it was requested as a one-time grant. Staff recommended Council approval to proceed with the Funding Agreement with Lubbock Regional MHMR for the facility acquisition. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution #4172 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 518 93-52A-518-425 (31.) Consider Resolution #4173 authorizing the Mayor to execute a Funding Agreement with the Lubbock Housing Authority for the installation of fire hydrants. RESOLUTION #4173 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 Lubbock Housing Authority to provide up to $15,000.00 from Department of Housing and Urban Development funds for the installation of fire hydrants within the Green Fair Manor housing complex. Said Agreement 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 loth day of June, 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 between the City of Lubbock and the Lubbock Housing Authority is filed with Resolution No. 4173. On March 11, 1993 the Lubbock City Council approved the allocation of $15,000 of CDBG funds to the Lubbock Housing Authority for the installation of three fire hydrants requiring a funding agreement to execute this project. According to staff memo, the Lubbock Housing Authority has requested funding for the installation of fire hydrants within the Green Fair Manor housing complex. This project complements the Lubbock Housing Authority projects of constructing a masonry and wrought -iron fence around the complex. June 10, 1993 Page 519 The Lubbock Housing Authority is currently involved in the elimination of drug activities in low income housing communities. Their focus is on the largest housing development, Green Fair Manor, which has the highest concentration of drug activities which has affected residents, as well as the surrounding community. To eliminate drug illegal activities by at least 75%, the Lubbock Housing Authority has proposed installing a fence around the entire Green Fair housing complex. However, in order to do this, they would need to close the four streets that enter into Weber Avenue at Green Fair. The City has a prerequisite for building a fence around that development requested by the Fire Department for placement of additional fire hydrants in Green Fair. The fire hydrants are to be installed on Weber Drive, at 26th Street, and 27th Street. An additional fire hydrant will be installed on Quirt Avenue, outside the Weber Drive entrance. Staff recommended Council approval of the agreement for $15,000 for the installation of three fire hydrants in the Green Fair neighborhood. The majority of the residences at Green Fair are single parents (women) families. This project will benefit the residents and it will be a step toward combatting the drug problem. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Ince to authorize Resolution #4173 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 520 93-52A-520-426 (32.) Consider Resolution #4174 authorizing the Mayor to execute a contract with McDonald Transit Associates, Inc., for transportation management services. RESOLUTION #4174 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 Transportation Management Contract by and between the City of Lubbock and McDonald Transit Associates, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of June, 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 V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Transportation Management Contract between the City of Lubbock and McDonald Transit Associates, Inc., is filed with Resolution No. 4174. During the May 13, 1993 work session, Council authorized staff to negotiate a contract with McDonald Transit Associates for transit management services. The proposed contract is for five years (October 1, 1993 through September 30, 1998) with the following fee schedule: Contract Year 1993-94 1994-95 1995-96 1996-97 1997-98 Monthly Fee $ 8,450 8,875 9,320 9,785 10,275 The above fee schedule includes travel expenses for non-resident support personnel. The current fee is $7,350 per month. June 10, 1993 Page 521 The City may terminate this contract at any time upon sixty (60) days' written notice for cause, including a determination that public transportation service cannot be continued due to lack of funding. Specific responsibilities of the contractor and the general manager will include the following: 1. Overall management and policy recommendations 2. Management continuity 3. Management personnel development and training and recruitment as necessary 4. Monitoring and evaluation of all operations, systems and procedures 5. Operations 6. Finance, accounting and budgeting 7. Safety, loss prevention and insurance 8. Schedules, transportation and routing 9. Maintenance and purchasing of equipment 10. Customer relations and promotion 11. Preparation and administration of state and federal grants 12. Administration of service contracts 13 Employee relations 14. Selection and training of all Citibus employees McDonald Transit Associates has specified John Wilson as the general manager of Citibus for the duration of the five (5) year contract. Staff recommended approval of this contract. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Aderton to authorize Resolution #4174 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 522 93-52A-522-427 (33.) Receive report from the City Secretary on the if appropriate. RESOLUTION #4175 WHEREAS, petitions calling for the dissolution of the Lubbock DFAS Finance and Development Corporation heretofore created by the City of Lubbock, have been circulated pursuant to Subsection 4A(k) of Vernon's Ann.Civ.St., Article 5190.6; and WHEREAS, such petitions have been heretofore presented to the City Council of the City of Lubbock by the circulator thereof; and WHEREAS, the City Secretary of the City of Lubbock has validated the signatures of a sufficient number of signers of such petitions to require an election to be held upon the issue of dissolution of said Lubbock DFAS Finance and Development Corporation; and WHEREAS, such Special Election must be held pursuant to the requirements of Vernon's Ann.Civ.St., Article 5190.6, and the Election Code; and WHEREAS, the next available uniform election date for the conduct of said Special Election for dissolution of the Lubbock DFAS Finance and Development Corporation is August 14, 1993, the second Saturday in August; NOW THEREFORE: BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute an Order and Notice of Special Election for August 14, 1993, to present the issue of whether the Lubbock DFAS Finance and Development Corporation shall be dissolved pursuant to Subsection 4A(k) of Vernon's Ann.Civ.St., Article 5190.6. Passed by the City Council this loth day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney June 10, 1993 Page 523 THE STATE OF TEXAS COUNTY OF LUBBOCK § CITY OF LUBBOCK § ORDER AND NOTICE OF SPECIAL CITY ELECTION ELECTION ORDER I, DAVID R. LANGSTON, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law, and according to the Charter of the City of Lubbock, the Texas Election Code, Vernon's Ann.Civ.St., Article 5190.6, and City Council Resolution, hereby order that a Special Election be held in the City of Lubbock, Texas, on the 14th day of August, 1993, said date being the second Saturday in August, for the purpose of voting for or against the dissolution of the Lubbock DFAS Finance and Development Corporation pursuant to a petition presented under the provisions of Subsection 4A(k) of Vernon's Ann.Civ.St., Article 5190.6. An electronic voting system shall be used in this election, including early voting. Ballots shall be prepared in accordance with the applicable provisions of the Election Code and Subsection 4A(k) of Vernon's Ann.Civ.St., Article 5190.6 so that voters may cast their ballots either "FOR" or "AGAINST" the measure, which shall appear on the ballot substantially as follows: PROPOSITION FOR: "Dissolution of the Lubbock DFAS Finance AGAINST: _ and Development Corporation." Said Special Election shall be held at the places in the City of Lubbock hereinafter designated as the voting precincts and voting places on Exhibit "A" hereto, which Exhibit "A" shall be made a part hereof for all intents and purposes. Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their residence unless such precinct shall be consolidated with another precinct as provided herein in Exhibit "A." The persons set forth in Exhibit "B" hereto, which Exhibit "B" shall be made a part hereof for all intents and purposes, are hereby appointed Judges and Alternate Judges to hold said Special Election on August 14, 1993. Each Presiding Judge so named is authorized to appoint the number of clerks authorized by the Election Administrator, which number shall not be less than two (2) clerks nor more than six (6) clerks. The Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed Presiding Judge is unable to serve. The Alternate Judge shall be appointed by the Presiding Judge to serve as a clerk in the event that the election is conducted by the regularly appointed Presiding Judge. Early voting shall commence July 26, 1993, and shall end August 10, 1993, and shall be conducted at the office of the City Secretary on weekdays, other than City holidays, during the regular hours of business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M. and at branch offices for personal appearance at the South Plains Mall, 6002 Slide Road, Lubbock Texas; Alderson Junior High School, 219 Walnut, Lubbock, Texas; and at the University Center on the Texas Tech University campus in Lubbock, Texas. The hours and days of voting at the branch early voting locations shall be the same as for the Office of the City Secretary, except that the South Plains Mall location shall be open from 8:30 A.M. to 6:00 P.M. June 10, 1993 Page 524 The office of the City Secretary and South Plains Mall shall be open for voting by personal appearance on the last Saturday and Sunday of the early voting period from 10:00 A.M. to 6:00 P.M. on Saturday and 1:00 P.M. to 6:00 P.M. on Sunday. The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. ELECTION NOTICE The City Secretary is hereby ordered and directed to cause notice of this Special City Election to be given by publication of this Order and Notice of Special City Election in a newspaper of general circulation published in the City of Lubbock at least once, not earlier than the 30th day or later than the loth day before election. In addition, a copy of this Order and Notice of Special City Election shall be posted not later than the 21st day before election day on the bulletin board used for posting notices of meetings of the governing body and a notice of consolidation shall be posted at any polling places not consolidated at the last previous general election which shall indicate the precinct's consolidation and the location of the polling place. Not later than the 15th day before election day or the seventh day after the date the election is ordered, whichever is later, the City Secretary shall deliver a duly certified copy of this Order and Notice of Special City Election on the Presiding Judge of each election precinct in which the election is to be held. SIGNED AND EXECUTED in the Municipal Building at Lubbock, Texas, this loth day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR I.199*19 /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Betty Johnson, City Secretary, reported that on June 8, 1993, her office was presented with 16,695 signatures petitioning to request an election to dissolve the Lubbock DFAS Finance and Development Corporation and repeal the additional one-half of one percent sales and use tax. There were 97,528 registered voters of the City of Lubbock on June 8, 1993. Valid signatures of 10 percent of the registered voters were required for the petition drive to be successful and an election to be called. A total of 9,753 valid signatures were required. Because the Election Code (277.003) allows for signature verification by statistical sample of 25 percent of the total number of signatures, the City Secretary's Office was required to verify 2,438 of the signatures. To allow some cushion, the staff randomly verified 2,638 signatures and verified that 2,612 of the signatures were valid signatures of registered voters of the City of Lubbock, a sufficient number to call an election on the next uniform election date, Saturday, August 14, 1993. Staff recommended approval. June 10, 1993 Page 525 Motion was made by Mayor Councilmember Neugebauer #4175 as recommended by Yeas; 0 Nays. Pro Tem Trejo, seconded to authorize Resolution Staff. Motion carried: by E1 93-52A-525-428 (33A.) Consider Resolution #4176 authorizing the Mayor to execute an agreement with the South Plains Food Bank for the Summer Lunch Program. RESOLUTION #4176 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 the Food Bank for the furnishing of meals and other food service in the furtherance of the Summer Food Service Program for children, such Contract being attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Anthony J. Williams Anthony J. Williams, Assistant City Attorney A copy of the Summer Food Service Program Grant Application is filed with Resolution No. 4176. Staff was unable to obtain a vendor for the Summer Lunch program with the amount of funds available. According to staff memo, it is possible that the South Plains Food Bank may be able to provide the service. Carolyn Lanier, Director of the South Plains Food Bank, and her Board feel they can handle the program. According to the Department of Human Services (DHS), the City can negotiate a price with the Food Bank because of a waiver approved on the federal level. Carolyn Lanier, board members, and Paula Simpson traveled to Amarillo on Monday, June 7 to observe their food preparation and meal delivery. The program will be paid for through a grant from DHS and no General Fund dollars will be needed. Staff recommended Council approval of the program. June 10, 1993 Page 526 93-52A-526-429 (34.) Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution #4176 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. RESOLUTION #4177 WHEREAS, Mayor Pro Tem Maggie Trejo has provided leadership and public service as a member of the Lubbock City Council for the past nine years, providing progressive thinking and a positive attitude that has greatly benefitted the entire community and all of Lubbock; and WHEREAS, your contribution to this community has been immense and included many major projects that will improve life for the citizens of the City of Lubbock for many years, including Lake Alan Henry, the Lubbock Lake Site Historical Landmark, the Texas Tech/Lubbock Power and Light Cogeneration Plant, Interstate 27, the East-West Freeway; and passage of important bond issues; and WHEREAS, on a more personal level, during your nine years as a member of the Lubbock City Council, you were instrumental in establishment of the Teen Court, your programs such as B-POP/R-POP and the Summer Satellite Playground Program while aggressively representing the interest of District One; and WHEREAS, you now have the opportunity to expand your career horizons by working with Congressman Bill Sarpalius in establishing his new Lubbock office and this opportunity has resulted in a need to resign from the City Council in order to devote full time to your new duties; and WHEREAS, you have heretofore submitted a written resignation to the City Council to be effective upon its acceptance by the City Council on June 10, 1993; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is with great regret that the City Council of the City of Lubbock hereby accepts your resignation as a member of the Lubbock City Council and Mayor Pro Tem after nine years of dedicated and successful service; and THAT you will be sincerely missed by all the members of the Lubbock City Council, the staff of the City of Lubbock and the citizens you represented; and June 10, 1993 Page 527 THAT it is certain that you will continue your career in public service with Congressman Sarpalius with great energy and success, which will be of tremendous benefit to the citizens of Lubbock in the future. Passed by the City Council this loth day of June, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Acting City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 93-52A-527-430 (35.) /s/ David R. Langston DAVID R. LANGSTON, MAYOR Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution #4177 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. resignation of Mayor Pro Tem Maggie Trejo. RESOLUTION #4178 WHEREAS, the resignation of Mayor Pro Tem Maggie Trejo, Councilmember District 1, on June 10, 1993, has created a vacancy on the City Council of the City of Lubbock; and WHEREAS, the City Charter of the City of Lubbock and Article 11, Section 11 of the Texas Constitution require such vacancy to be filled at a Special Election called for such purpose; and June 10, 1993 Page 528 WHEREAS, the next available election date complying with the requirements of the City Charter, the Texas Constitution and Section 201.051 of the Election Code is August 14, 1993, the second Saturday in August; NOW THEREFORE: BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute an Order and Notice of Special Election for August 14, 1993, to fill the vacancy in the position of Councilmember, District 1. Passed by the City Council this loth day of June, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR ORDER AND NOTICE OF SPECIAL CITY ELECTION ELECTION ORDER I, DAVID R. LANGSTON, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law, and according to the Charter of the City of Lubbock, the Texas Election Code, and City Council Resolution, hereby order that a Special Election be held in the City of Lubbock, Texas, on the 14th day of August, 1993, said date being the second Saturday in August, for the purpose of electing the following officer of the City of Lubbock due to the resignation of the Councilmember, District 1, on June 10, 1993. COUNCILMEMBER, DISTRICT 1 (UNEXPIRED TERM) An electronic voting system shall be used in this election, including early voting. Said Special Election shall be held at the places in the City of Lubbock hereinafter designated as the voting precincts and voting places on Exhibit "A" hereto, which Exhibit "A" shall be made a part hereof for all intents and purposes. Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their residence unless such precinct shall be consolidated with another precinct as provided herein in Exhibit "A." June 10, 1993 Page 529 The persons set forth in Exhibit "B" hereto, which Exhibit "B" shall be made a part hereof for all intents and purposes, are hereby appointed Judges and Alternate Judges to hold said Special Election on August 14, 1993. Each Presiding Judge so named is authorized to appoint the number of clerks authorized by the Election Administrator, which number shall not be less than two (2) clerks nor more than six (6) clerks. The Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed Presiding Judge is unable to serve. The Alternate Judge shall be appointed by the Presiding Judge to serve as a clerk in the event that the election is conducted by the regularly appointed Presiding Judge. Early voting shall commence July 26, 1993, and shall end August 10, 1993, and shall be conducted at the office of the City Secretary on weekdays, other than City holidays, during the regular hours of business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M. and at branch offices for personal appearance at the South Plains Mall, 6002 Slide Road, Lubbock Texas; Alderson Junior High School, 219 Walnut, Lubbock, Texas; and at the University Center on the Texas Tech University campus in Lubbock, Texas. The hours and days of voting at the branch early voting locations shall be the same as for the Office of the City Secretary, except that the South Plains Mall location shall be open from 8:30 A.M. to 6:00 P.M. The office of the City Secretary and the South Plains Mall shall be open for voting by personal appearance on the last Saturday and Sunday of the early voting period from 10:00 A.M. to 6:00 P.M. on Saturday and 1:00 P.M. to 6:00 P.M. on Sunday. The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. ELECTION NOTICE The City Secretary is hereby ordered and directed to cause notice of this Special City Election to be given by publication of this Order and Notice of Special City Election in a newspaper of general circulation published in the City of Lubbock at least once, not earlier than the 30th day or later than the loth day before election. In addition, a copy of this Order and Notice of Special City Election shall be posted not later than the 21st day before election day on the bulletin board used for posting notices of meetings of the governing body and a notice of consolidation shall be posted at any polling places not consolidated at the last previous general election which shall indicate the precinct's consolidation and the location of the polling place. Not later than the 15th day before election day or the seventh day after the date the election is ordered, whichever is later, the City Secretary shall deliver a duly certified copy of this Order and Notice of Special City Election on the Presiding Judge of each election precinct in which the election is to be held. SIGNED AND EXECUTED in the Municipal Building at Lubbock, Texas, this loth day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney June 10, 1993 Page 530 93-52A-530-431 (36.) 93-52A-530-432 (37.) 93-52A-530-433 (38.) This item is required by the resignation of Mayor Pro Tem Trejo. An election to fill the vacancy must be ordered as soon as possible, (EC 201.051) and the election must be held at the first authorized uniform election date occurring on or after the 30th day after the election is ordered (EC 201.052). The filing period for the election will be June 14, 1983 (EC 143.007) to July 14, 1993 (EC 201.054). An Order and Notice of Special Election was prepared for the Mayor to execute. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to authorize Resolution #4178 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. Hold an Executive Session, in accordance with Art. Human Relations Commission Community Development Advisory Commission Citizens Traffic Commission Boards and Commissions Advisory Board Canadian River Municipal Water Authority Board of Health Consider one appointment to the Human Relations Commission to replace Vivian Hupp who has resigned., Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to appoint John Selby to replace Vivian Hupp on the Human Relations Commission. Motion carried: 5 Yeas; 0 Nays. Consider two appointments to the Community Development Advisory Commission. The terms of Kado Lang and Sharon Bennett expired on May 31, 1993. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to appoint Rose Pillow to Sector 2, and to hold on one appointment to Sector 6 for the Community Development Advisory Commission. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 531 93-52A-531-434 (39.) Consider three appointments to the Citizens Traffic Commission. The terms of Elroy Carson, Dan Gomez, and Stan Mayfield will expire on July 13, 1993. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to appoint Frank Rangel and to reappoint Dan Gomez and Stan Mayfield on the Citizens Traffic Commission. Motion carried: 5 Yeas; 0 Nays. 93-52A-531-435 (40.) Consider seven appointments to the Boards and Commissions Advisory Board. The terms of David Baucum, Annie Hutchinson, Marci Johnston, Jean Harris, Owen McWhorter, Jr., David Nelson, and Julie Ramonez will expire on July 23, 1993. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to reappoint David Baucum, Annie Hutchinson, Marci Johnston, Jean Harris, David Nelson, and Julie Ramonez and to hold on one appointment to the Boards and Commissions Advisory Board. Motion carried: 5 Yeas; 0 Nays. 93-52A-531-436 (41.) Consider one appointment to the Canadian River Municipal Water Authority. The term of Warlick Carr will expire on July 31, 1993. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to hold on the appointment to the Canadian River Municipal Water Authority. Motion carried: 5 Yeas; 0 Nays. 93-52A-531-437 (42.) Consider two appointments to the Board of Health. The terms of Greg Garrison and Kye Lear expired on February 21, 1993. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to appoint Valerie Ortiz and to reappoint Kye Lear to the Board of Health. Motion carried: 5 Yeas; 0 Nays. June 10, 1993 Page 532 There being no further business to come before Council, motion was made by Councilmember Aderton, seconded by C mber Neugebauer to adjourn the meeting at 11:17 a.m. Mot on carrj, ea Nays. . Lll1lNJ 1 VI\, ATTEST: I I c�rOL Bett M. Jo son, City Secretary Read and approved this the 24th day ATTEST: etty Johns , City Secretary