HomeMy WebLinkAboutMinutes - City Council - Regular - 9/23/1993CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 23, 1993
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 23rd day of September, 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 Randy Neugebauer,
Councilmember T. J. Patterson, Councilmember Alex Cooke, Councilmember
Max L. Ince, Councilmember Victor Hernandez, City Manager Bob Cass, City
Attorney John C. Ross, Jr., and City Secretary Betty Johnson.
Absent: Councilmember M. J. Aderton.
Mayor Langston called the meeting to order at 10:26 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
( 4.) Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to approve the minutes of the
September 9, 1993 Regular City Council Meeting as
written. Motion carried: 6 Yeas; 0 Nays.
93-52B-795-658
( 5.)
ORDINANCE #9645
AN ORDINANCE ABANDONING AND CLOSING A FIVE FOOT UTILITY EASEMENT
LOCATED IN LOTS 1-A-1 AND 2-A-1, FIESTA AUTOLAND CENTER ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to pass on second and final
reading Ordinance #9645 as recommended by staff.
Motion carried: 6 Yeas: 0 Nays.
September 23, 1993
Page 796
93-52B-796-659
( 6.)
74th Street).
ORDINANCE #9647
AN ORDINANCE ABANDONING AND CLOSING A TWO -FOOT UNDERGROUND STREET
LIGHT CABLE EASEMENT LOCATED IN MELONIE PARK SOUTH ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED
HEREINAFTER IN 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.
93-52B-796-660
( 7.)
According to staff memo, this ordinance abandons and
closes a two -foot street -light cable easement along
the west two feet of Lot 386, Melonie Park South
Addition. The proponent of this easement closure is
Jerry Nislar. Mr. Nisler owns Lot 386 and the
adjacent lot, Lot 385 and desires to close this
easement in order to build over it. This easement
was dedicated by plat and is not needed by LP&L. No
fee will be charged since it was obtained by plat
and the $150 application fee has been paid. Staff
recommended the closure of this easement.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to pass on first reading
Ordinance #9647 as recommended by staff. Motion
carried: 6 Yeas; 0 Nays.
RESOLUTION #4260
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 41 THRU 75, HIGHRIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS.
WHEREAS, the developer of Highridge Addition, Lots 41-75 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 $46,358.04
with the improvements constructed by Utility Contractors of American
having a value of $34,138.64, as determined by the unit prices
established by said Chapter 28 and $12,219.40 cash paid to the City,
which amount includes $10,290.63 for adjacent lines, with Brad Baccus,
the developer, to receive a refund of $6,786.98 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-; 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.
September 23, 1993
Page 797
SECTION 2. THAT the refundable cost in the amount of $6,786.98 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of -0-
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 23rd day of September, 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 the improvements is
$46,358.04, including value of construction costs
($34,138.64) and $12,219.40 cash paid to the City of
Lubbock (including $10,290.63 for adjacent lines).
The developer, Brad Baccus, will receive a refund of
$6,786.98 in accordance with Chapter 28 of the Code
of the City of Lubbock. There is no refund of
deposit. Staff recommended acceptance of these
improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize Resolution #4260
as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
September 23, 1993
Page 798
93-52B-798-661
( 8.)
ORDINANCE #9648
AN ORDINANCE AMENDING SECTION 28-59 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WATER SERVICE TO FEDERAL,
STATE OR LOCAL GOVERNMENTS AND CITY PROPERTY OR FACILITIES; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Section 28-59 of the Code of Ordinances states that
the City Council reaffirms its policy adopted in
March, 1984, to prohibit the sale of water to
individuals, businesses, agencies or organizations
that lie outside the corporate limits of the City of
Lubbock. This section goes on to specify the
conditions for two exceptions to this policy: water
service for the town of Lake Ransom Canyon and to
the Lubbock County Water Control and Improvement
District No. 1 (Buffalo Springs Lake). Service to
these communities was a part of the settlement
package involving litigation with the City of
Lubbock. Other exceptions to the 1984 policy
include water service to Reese Air Force Base and to
the Texas A&M Research Facility located north of the
airport. Service to these entities was in existence
prior to the establishment of the 1984 policy and
was "grandfathered in" when the policy was put in
place.
The proposed amendment to the Code of Ordinances
would serve to better define the philosophy of the
City Council in granting approval of water service
to certain users outside the city limits, such as
for the new state prison facility located south of
the Holly Avenue power plant. The amendment
provides that the 1984 policy will not be construed
to prohibit the sale of water to federal, state, or
local governments, governmental agencies or
governmental subdivisions pursuant to appropriate
intergovernmental contracts. Secondly, the
amendment provides that the existing policy should
not be construed to prohibit water service to
City -owned property and/or facilities located on
City -owned property, regardless of the location of
such City -owned land.
Following approval of this ordinance, the
appropriate interlocal agreements or contracts, such
as for service to the State of Texas Psychiatric
Prison Hospital, will be submitted for City Council
consideration. Staff recommended approval of this
ordinance.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to pass on first reading
Ordinance #9648 as recommended by staff. Motion
carried: 6 Yeas; 0 Nays.
September 23, 1993
Page 799
93-52B-799-662
( 9.)
93-52B-799-663
(10.)
Spur Products Corporation, Boise, ID.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
Master Meter, Inc., Longview--4,410 ea. 5/8"X3/4"
cold water multijet dry top water meter; 80 ea.
1-112" cold water multijet dry top water meter; 50
ea. 2" cold water multijet dry top water meter.
Precision Meter, Orlando, FL--650 ea. 1" cold water
multijet dry top water meter.
Hersey Products, Inc., Cleveland, NC--5 ea. 2" cold
water Class II turbine type water meter; 2 ea. 3"
cold water compound (in -line) type water meter; 2
ea. 4" cold water compound (in -line) type water
meter: 2 ea. 6" cold water compound (in -line) type
water meter; 1 ea. 6" cold water fire service type
turbine: 1 ea. 8" cold water fire service type
turbine; 1 ea. cold water fire service type turbine.
Motion was made
by Councilmember Patterson,
seconded
by Councilmember
Cooke to authorize low bids
meeting
specifications.
Motion carried: 6 Yeas; 0
Nays.
93-52B-799-664
(11.)
BID #12676--Soil
processor (Parks and Recreation).
Goldthwaites, Fort
Worth --Soil processor, Spec
#1054.
Motion was made
by Councilmember Patterson,
seconded
by Councilmember
Cooke to authorize low bid
meeting
specifications.
Motion carried: 6 Yeas; 0
Nays.
93-52B-799-665
(12.)
BID #12693--Annual pricing for sand, gravel
and
caliche (Streets).
RE Janes Gravel Co.--500 tn. Grade 3/4" base course
gravel; 100 tn. Vealmore exposed aggregate 3/4
1500 tn. stone screening or stone crush fines; 5300
tn. Grade 3 gravel: 300 tn. Grade 4 gravel: 5300 tn.
Grade 6 gravel; 200 tn. Grade 6 gravel; 500 tn. 112"
base course gravel: 2500 tn. 1" base course gravel:
300 tn. 1" concrete rock: 4000 tn. 00 backfill
gravel; 100 tn. concrete sand: 200 tn. brick sand.
Butler Construction, Ransom Canyon--3000 cy. crushed
caliche.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
September 23, 1993
Page 800
93-52B-800-666
(22.)
93-52B-800-667
(23.)
Dub Bratcher appeared on behalf of Texland Petroleum
to request an oil and gas drilling permit for
Feinberg #1.
On August 30, 1993 staff received an application for
a permit to drill the above described well. The
storage site is proposed at an existing tank
battery. The site is south of Loop 289, west of
North Quirt Avenue and north of Municipal Drive and
the railroad track.
According to staff memo, the application is
substantially in order. The production unit is
within a secondary recovery unit and does not
require a 40 acre production unit. Texland proposes
earth sludge pits and no landscaping at the well.
The blowout protector has a minimum rating of 3,000
psi. Disposal of waste materials is proposed at a
Railroad Commission approved dump in Lubbock County.
Access to the drill and storage site is proposed
from Loop 289 on private property.
SHORT TERM IMPACTS: This parcel west of Quirt and
south of Loop 289 is zoned M-1 and is not platted.
The Comprehensive Land Use Plan illustrates IDP
along the Loop and industrial at the well site as
policy in this area. Industrial development is
anticipated in this area. The well site is about
330 feet from existing residential development,
which is south of the railroad tracks and Municipal
Drive.
POTENTIAL LONG TERM IMPACTS: The land area
surrounding and including this lease is designated
as industrial on the Comprehensive Land Use Plan.
Little additional development is projected soon in
the immediate area, so long term negative impacts
should be minimal. The site is on the west edge of
a playa area.
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil)
shall be used to free -up the hole
during drilling until after the
first series of surface casing has
been set to 350 feet or greater.
2. The permittee shall require that a
first series of casing be set when
drilling reaches a depth of 350 to
400 feet. The permittee shall
notify the Lubbock office of the
Texas Railroad Commission for the
intended dates for casing the well.
September 23, 1993
Page 801
93-52B-801-668
(13.)
3. The first and second series of
casing shall be in substantial
compliance with applicable portions
of Rule 13 of the Texas Railroad
Commission.
4. The permittee shall meet all other
conditions of Section 14, Article VI
of the Lubbock Code and those
specifications indicated within the
application of Texas for Feinberg
#1.
Staff recommended approval.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Patterson to approve the
request of Texland Petroleum for an oil and gas
drilling permit for Feinberg #1 with permit
conditions recommended by staff. Motion carried: 6
Yeas; 0 Nays.
ORDINANCE #9649
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2710; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE ZONING FOR MINI
WAREHOUSES, RV STORAGE, AND PORTABLE BUILDING SALES ON A PARCEL IN BLOCK
D-6, SECTION 2, TRACTS K-2 AND K-1A, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Langston opened the hearing at 10:40 a.m.
Deborah Cole appeared on behalf of Walt Hansen, Inc.
to present this request for zone change from T to
C-4 Specific Use.
No one appeared in opposition. Mayor Langston
closed the hearing at 10:42 a.m.
David Jones, Director of Planning, presented staff
comments. The ownership has changed for this
property that was annexed in 1984 and exists today
as a legal non -conforming land use. Mr. Jones gave
the adjacent land use relationships as follow:
North - vacant, zoned T
South - vacant except the commercial at Alcove,
zoned T
East - an existing non -conforming business
West - vacant, zoned T
September 23, 1993
Page 802
According to staff memo, this property is noted as
commercial on the Comprehensive Land Use Plan.
Also, it is on a State designated highway and the
Plan indicates that C-4 be normally located on major
highways. Relative to zoning policy, the proposal
differs slightly from the Code guidelines as
follows:
A. A six foot solid fence is suggested
adjacent to any residential zoned
property. The area north is zoned
"T", which translates to single
family, but the area is a playa lake
and will remain undeveloped. The
site plan notes continuing use of a
cyclone fence that is in place.
B. A fence on the 19th Street front is
proposed as chain link with plastic
inserts. That fence will screen the
storage lot where the portable
buildings are stored. The Planning
Commission discussed how many
storage buildings would be
appropriate on the front, and
concluded that eight units will
allow them to advertise and not have
an open stack lot on the front.
C. The drive areas of the new RV
storage facility are noted as gravel
rather than blacktop. The staff
expressed no concern for the
proposal but requested any motion to
approve recognize that feature.
The balance of the site plan proposed is acceptable.
The proposal should have little additional effect on
traffic on 19th Street. The Planning and Zoning
Commission recommended approval of this request by a,
vote of 8-0 subject to the following condition:
Tied to site plan 2710 as presented
to the Planning and Zoning
Commission and signed by the
Chairman and the following site plan
conditions:
The display of portable
buildings in the area between
19th Street and the screening
fence shall be limited to
eight buildings.
b. The front setback for the
portable buildings displayed
shall be a minimum of ten (10)
feet.
C. The areas noted on site plan
2710 as gravel shall
constitute acceptable paving.
Staff supported the recommendation of the Planning
and Zoning Commission.
September 23, 1993
Page 803
93-52B-803-669
(20.)
93-52B-803-670
(14.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to pass on first reading
Ordinance #9649 with the condition recommended by
P&Z and City staff. Motion carried: 5 Yeas: 0
Nays--Councilmember Hernandez absent from the
Council Chambers.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to continue this hearing until
the October 28, 1993 Regular City Council meeting.
Motion carried: 5 Yeas; 0 Nays--Councilmember
Hernandez absent from the Council Chambers.
ORDINANCE #9650
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2711; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR MULTI -FAMILY TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A 4.8 ACRE TRACT OUT OF SECTION
15, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:44
a.m.
Jon Cieszinski appeared on behalf of Lakeridge
Country Club Estates to present this request for
zone change from R-1 Specific Use (for multi -family)
to R-1 Specific Use (for garden homes).
No one appeared in opposition. Mayor Langston
closed the hearing at 10:45 a.m.
David Jones, Director of Planning, presented staff
comments. The existing zoning for this area of
Lakeridge under the Specific Use Permit would
provide for high -density apartments. The request is
a down -zone to provide for garden homes. Mr. Jones
gave the adjacent land use relationships as follow:
North - vacant - A-2 policy
South - single family
East - single family - town homes
West - single family - Slide Road
September 23, 1993
Page 804
93-52B-804-671
(15.)
According to staff memo, this request is consistent
with both the Comprehensive Plan and Zoning Policy.
The project should have little or no effect on
traffic on Slide Road. The Planning and Zoning
Commission recommended approval of this request by a
vote of 8-0. Staff supported the recommendation of
the Planning and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass on first reading
Ordinance #9650 as recommended by P&Z and City
staff. Motion carried: 6 Yeas; 0 Nays.
ORDINANCE #9651
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES; ZONE CASE NO.
2712: A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO TRAILER/TRUCK
RENTALS AND ALL PERMITTED C-3 USES ON TRACT B, SOUTH UNIVERSITY
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY: PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:50
a.m.
Pete Stone Shell appeared to request a zone change
from C-3 to C-4 limited to trailer/truck rentals and
all permitted C-3 uses.
No one appeared in opposition. Mayor Langston
closed the hearing at 10:54 a.m.
David Jones, Director of Planning, presented staff
comments. The single purpose for this request is to
accommodate the rental of Ryder trailers and trucks.
Mr. Jones gave the adjacent land use relationships
as follow:
North - C-3, commercial
South - C-4, commercial
East - C-4, commercial
West - residential
According to staff memo, since the property is
currently zoned C-3 and adjacent property is C-4,
the request is not an issue in Comprehensive Land
Use Plan discussion. The greatest amount of
discussion has been related to zoning policy.
Trailer rental locations have traditionally created
problems for neighbors and the public by having
stored units encroach on the parkway and often cover
up the lot.
September 23, 1993
Page 805
93-52B-805-672
(16.)
If approved, this location will become a test
location to see if the trailer rental industry can
overcome the sentiments that caused the use to be
placed in the C-4 District during the 1975 Code
revision. The Planning and Zoning Commission
recommended approval of this request by a vote of
8-0 subject to the following conditions:
1. Limited to trailer/truck rentals and
all unconditionally permitted C-3
uses.
2. There shall be no more than two
rental trucks parked between the
front of the building and University
Avenue, and they shall be parked
outside the vision triangle.
Staff supported the recommendation of the Planning
and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9651 with conditions recommended by P&Z
and City staff. Motion carried: 6 Yeas; 0 Nays.
ORDINANCE #9652
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2713; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN
HOMES ON LOTS 5, 6 AND 7, CLYDE TATUM 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.
David Goyette appeared on behalf of Richard Webb to
present this request for zone change from R-1 to R-1
Specific Use (for garden homes).
No one appeared in opposition. Mayor Langston
closed the hearing at 11:00 a.m.
David Jones, Director of Planning, presented staff
comments. The projects are an efficient and
productive use of vacant property. Mr. Jones gave
the adjacent land use relationships as follow:
North - single family, townhomes to the north
South - single family
East - single family
West - single family
September 23, 1993
Page 806
93-52B-806-673
(17.)
According to staff memo, the request is consistent
with both the Comprehensive Land Use Plan and zoning
policy. The proposal should have little effect on
traffic. The Planning and Zoning Commission
recommended approval of this request by a vote of
8-0 subject to the following conditions:
1. Lots 1 and 8 shall have a five (5)
foot side setback from the north
property line with no encroachment
into the vision triangle.
2. There shall be a seven (7) foot
setback allowed on the south
property lines to accommodate bay
windows. Otherwise, the required
setback shall be ten (10) feet.
Staff supported the recommendation of the Planning
and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by
Mayor Pro Tem Neugebauer to pass on first reading
Ordinance #9652 with conditions recommended by P&Z
and City staff. Motion carried: 6 Yeas; 0 Nays.
ORDINANCE #9653
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2714; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON TRACT N, RUSHLAND PARK
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:02
a.m.
David Goyette appeared on behalf of Benton Oil
Company to present this request for zone change.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:04 a.m.
David Jones, Director of Planning, presented staff
comments. The purpose of this request is to add an
automated car wash to the existing station. The
proponent submitted a proposal for included C-3
uses. Mr. Jones gave the adjacent land use
relationships as follow:
North - Texas Tech
South - commercial
East - Texas Tech
West - commercial
September 23, 1993
Page 807
93-52B-807-674
(18.)
According to staff memo, the proposal is consistent
with Comprehensive Land Use Plan and Zoning Policy.
The proposal should have little additional effect of
traffic. The Planning and Zoning Commission
recommended approval of this request by a vote of
8-0 subject to the following conditions:
Limited to all unconditionally
permitted C-2A and C-2 uses and the
following C-3 uses:
a. Automobile car wash
b. Cleaning, dyeing or dry
cleaning shops
C. Gasoline service station
d. Quick tune or quick oil change
facilities
e. Plumbing service, as defined
in section 2.92[29-3(92)]
f. Refrigeration service, as
defined in section
2.95[29-3(95)]
g. Tire, battery and accessory
stores.
2. A site plan, including building
elevations showing materials, color,
and texture, shall be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a building permit.
Staff supported the recommendation of the Planning
and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9653 with conditions recommended by P&Z
and City staff. Motion carried: 6 Yeas; 0 Nays.
Addition.
ORDINANCE #9654
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1856-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED TO CHURCH AND
CHURCH RELATED USES ON TRACT A, RAINTREE ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
September 23, 1993
Page 808
93-52B-808-675
(19.)
Mayor Langston opened the public hearing at 11:06
a.m.
Kenneth Fillingim appeared on behalf of Raintree
Christian Church to present this request for zone
change from A-1 to A-2 limited to church and church
related uses.
Cindy Cregger spoke in opposition to this request
and asked that the church be sensitive to the
concerns of the neighbors.
Mayor Langston closed the hearing at 11:11 a.m.
David Jones, Director of Planning, presented staff
comments. The church anticipates expansion in the
near future. The current zoning is A-1 with no
restrictions, allowing for low density apartments.
Mr. Jones gave the adjacent land use relationships
as follow:
North
- residential
South
- residential
East
- residential
West
- residential
According to staff memo, the Comprehensive Land Use
Plan suggests that churches be located on major
thoroughfares and on the perimeter of neighborhoods.
This request meets both criteria. Future expansions
would have to comply with the development guidelines
of A-2 for churches. The proposal should have
little additional impact on traffic on 82nd. The
Planning and Zoning Commission recommended approval
of this request by a vote of 8-0 subject to the
following condition:
Limited to church and church related
uses.
Staff supported the recommendation of the Planning
and Zoning Commission.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on first reading
Ordinance #9654 with the condition recommended by
P&Z and City staff. Motion carried: 6 Yeas; 0
Nays.
ORDINANCE #9655
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2190-C; A ZONING CHANGE FROM A-2 LIMITED TO CHURCH AND CHURCH RELATED
USES TO A-2 LIMITED TO A CHILD CARE FACILITY ON A TRACT OF LAND OUT OF
SECTION 29, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
September 23, 1993
Page 809
Mayor Langston opened the public hearing at 11:12
a.m.
Jeffrey Conner appeared on behalf of Good Times
Learning Center to present this request for zone
change from A-2 limited to church and church related
uses to A-2 limited to a child care facility.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:16 a.m.
David Jones, Director of Planning, presented staff
comments. The irregular shaped piece of property on
69th is currently zoned A-2 limited to church and
church related. The project by Mr. Bridges is not
church related and requires this change in zoning.
The A-2 District is the first district that permits
child care facilities larger than the six or fewer
that is a permitted use in R-1 single family. Mr.
Jones gave the adjacent land use relationships as
follow:
North - A-1 being developed as garden homes
South - R-1 Single family and A-2 for a church
East - R-1 across Frankford
West - R-1 single family west of a new alley
According to staff memo, this area has gradually
reverted to predominantly single family from an
apartment policy area on the 1975 and 1983
Comprehensive Land Use Plans. The land north of
69th remains high density policy on today's version
of the Comprehensive Land Use Plan, and zoning
L. policy offers little guidance for this request. If
the project were affiliated with a church, rezoning
would not be required. An error in the property
description originally turned in by the proponent
resulted in a much larger mail out than required,
and the three negative returns are east of Frankford
and remote from the proposed site.
The Planning Commission expressed support for the
project and felt that little negative effect should
result from this facility. The Commission did
request a condition for site plan review prior to a
permit to verify that building orientation and fence
screening would be most efficient for the new
residential being built to the west. The proposal
should have little additional effect on traffic in
the area since 69th Street feeds directly to
Frankford Avenue. The Planning and Zoning
Commission recommended approval of this request by a
vote of 8-0 subject to the following conditions:
Limited to a child care facility.
2. A site plan, including building
elevations showing materials, color
and texture, shall be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a building permit.
Staff supported the recommendation of the Planning
and Zoning Commission.
September 23, 1993
Page 810
93-52B-810-676
(21.)
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Hernandez to pass on first
reading Ordinance #9655 with conditions recommended
by P&Z and City staff. Motion carried: 6 Yeas; 0
Nays.
ORDINANCE #9656
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2709; A ZONING CHANGE FROM IHC DESIGN HISTORIC TO IHC SPECIFIC USE AND
IHC DESIGN HISTORIC SPECIFIC USE FOR ALL OR PART OF BLOCKS 214, 215,
216, 230, 231, 232, AND 233, ORIGINAL TOWN ADDITION; LOTS 6-10, BLOCK 1,
HART ADDITION; AND ALL OR PART OF BLOCKS 1 AND 43, MERRILL ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITION; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:17
a.m.
Bill D'Alessandro appeared on behalf of Depot
District Associates to present this request for zone
change.
Jim Sherrod, representing Lubbock Center Corp, and
Mikel Ward, individually, spoke in favor of this
request.
Cecil Puryear spoke in opposition to this request.
David Jones, Director of Planning, presented staff
comments. This zone change request is one of the
technical details that will pave the way for a
concept that should benefit the community, downtown
Lubbock, and many of the property owners in the
area. One or more of the adjacent owners remain in
opposition due to an actual or perceived
incompatibility of the entertainment uses with
existing businesses.
According to staff memo, during the initial Planning
and Zoning Commission hearing, objections of many
existing business owners to becoming nonconforming
and to future potential street closures led to a
continuance of one month. A work session for the
Commission at the September meeting was a success
for two primary reasons:
1. Unless proved otherwise at the City
Council hearing, an agreement
between the proponent and all
interested/ adjacent owners except
one to keep the zoning as Interstate
Commercial in terms of permitted
uses resulted in most objections
being withdrawn.
September 23, 1993
Page 811
2. The proponent presented a more
elaborate discussion of the
background and feasibility of the
project. The Planning Commission
was more comfortable with the
project and the fact that many
objections had been ironed out.
The proposal will be compatible with both
Comprehensive Plan and zoning policies. As amended,
the proposal continues to use the Specific Use
Permit for flexibility related to three major items
and a fourth which benefits existing businesses in
the area:
1. The current IHC permitted uses are
continued. No existing business
will be made non -conforming. In
addition, some specialized
residential and several technically
"industrial" uses are included that
will benefit the tourist and visitor
appeal of the District (glass
blowing and ornamental iron works).
2. Parking: because of the concept
that "shared" parking will occur,
the proposal helps true bars or
night clubs (rather than restaurants
with alcoholic beverage licenses)
relative to parking requirements -
from a 1/50 ratio to a 1/100 ratio.
All other uses must provide the
established ratio of parking. In
addition, part of the required
parking may be off -site, within
1,100 feet. Normally, off -site
parking requires Zoning Board of
Adjustment consideration.
3. Separation: True bars or night
clubs (rather than restaurants with
alcoholic beverage licenses) are
normally required to be located 600
feet apart. Because of the compact
entertainment objectives of the
Depot District, this proposal
eliminates the separation
requirement.
4. Non -conforming: For any business
that is non -conforming in the area
now (and the staff has not
identified any) the last provision
will allow expansion under IHC
guidelines without ZBA
consideration.
September 23, 1993
Page 812
The Planning and Zoning Commission recommended
approval of this request by a vote of 8-0 with the
following conditions:
1. Permitted uses include:
a. All IHC permitted uses.
b. The following residential uses:
1) Studio apartments
2) Loft or similar living quarters
as a part of a commercial structure.
C. The following M-1 District permitted
uses:
1) Glassblowing
2) Ornamental iron works
3) Microbrewery
2. Development requirements shall be
consistent with IHC standards for front,
side and rear yards; projections into
required yards; lot width; lot area; lot
coverage; floor area ratio; height; except
that there shall be no minimum separation
requirements for any bar, cocktail lounge,
private club, night club or dance property
on any other bar, cocktail lounge, private
club, night or dance hall.
3. Off street parking requirements shall meet
the provisions of the IHC District
(29-23.2) except that gamerooms and bars
or night clubs shall meet a 1:100 parking
ratio. All required parking spaces shall
be located on the same lot with the
building or use served, except that where
an increase in the number of spaces is
required by a change or enlargement of a
permitted use or building, the required
additional spaces may be located a
distance not to exceed 1100 feet from the
property. Off -site parking shall be
either owned or secured with a letter of
agreement on file in the City of Lubbock
Planning Department.
4. New development and/or redevelopment shall
be according to guidelines established
within the IHC District (29-23.2) for site
plans (29-23.3(m)): site plan review
process (29-23.4(n)): development
standards (29-23.3)(o)) and vision
clearance (29-23.2(p)).
5. Existing non -conforming businesses shall
be allowed to expand within the guidelines
of the IHC District.
Staff supported the recommendation of the Planning
and Zoning Commission.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Ince to pass on first reading
Ordinance #9656 with conditions recommended by P&Z
and City staff. Motion carried: 6 Yeas; 0 Nays.
September 23, 1993
Page 813
fi
L
93-52B-813-677
(24.)
RESOLUTION #4261
WHEREAS, a municipal drainage utility system has been established
and declared to be a public utility by Ordinance No. 9634 pursuant to
authority granted to the City of Lubbock by its Charter, the Local
Government Code and Article 11, Section 5 of the Texas Constitution; and
WHEREAS, the City Council of the City of Lubbock is required to
establish rates to be collected for such utility through the City of
Lubbock's utility collections pursuant to Section 402.048, Local
Government Code; and
WHEREAS, a public hearing has heretofore been conducted as
required by law; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the formula and schedule of municipal drainage charges
attached hereto as Exhibit A is hereby adopted and made a part of this
Resolution as if fully copied herein in detail; and
THAT such charges as are hereby approved and adopted shall be
billed to the user of the benefitted property along with the bill for
other utility services provided to the property; and
THAT such charges shall remain in full force and effect until such
time as said fees shall be revised by further action of the City
Council.
Passed by the City Council this 23rd day of September, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
September 23, 1993
Page 814
EXHIBIT A
Attached to Resolution establishing rates for the municipal Stormwater
Utility for the City of Lubbock, Texas, as set by the City Council on
September 23, 1993.
SCHEDULE OF CHARGES
(Interim Rates)
Residential Property $ 1.71 per month
per water meter
Non -Residential Property
$11.35 per month
per water meter
Separate residential sprinkler system water meters will not be billed a
stormwater charge.
During the interim rate period, apartments and duplexes will be billed
at the residential rate on a per water meter basis.
Exemptions from the utility charges are as follows: School District
Property, State of Texas Property, Lubbock County Property, and City of
Lubbock Property.
The stormwater billing will be sent to the names and addresses of the
person or persons currently shown on the water meter billing.
Jim Bertram, Assistant City Manager for Development
Services, provided staff comments. Following the
public hearing on August 12, 1993, the City Council
passed an ordinance establishing a stormwater
utility. The purpose of this second public hearing
is to set the rates to be charged by the utility.
In 1992 the City Council appointed a temporary
Stormwater Advisory Committee to evaluate
alternatives to fund the City's stormwater needs.
The immediate funding issue facing the Council is
the cost of preparing the City's permit application
and ongoing annual costs for the required
Environmental Protection Agency (EPA) stormwater
permit. In addition, the Council also directed the
Stormwater Advisory Committee to review funding
alternatives to address costs associated with
drainage and flood control projects.
The Stormwater Advisory Committee recommended the
establishment of a stormwater utility to fund the
City's stormwater needs. The Stormwater Advisory
Committee recommended rates to be charged by the
utility to fund the EPA permit costs and provide a
funding source for some of the City's drainage
needs. By majority vote, the committee recommended
the following rates:
$1.71 per month for residential property
$15.55 per month per impervious acre for
non-residential property.
The $1.71 residential rate equates to the impervious
surface area of an average residential lot at $15.55
per impervious acre.
September 23, 1993
Page 815
6EW
The Stormwater Advisory Committee, using the best
data available, calculated the $1.71 and $15.55
rates by establishing the total estimated revenue
desired as $2.2 million per year. This amount of
revenue would support debt on between $11 million
and $14.4 million (20 year bond issue), depending on
the amount of other annual costs against the
utility.
Staff noted that the $2.2 million in revenue, using
the previously described rates, was based on general
data from the City's land use files assuming 100
percent collection. Based on the experience of
several other cities, using similar data for their
estimates, approximately 85 percent of the desired
revenue was collected. A number of factors may
contribute to this reduction, such as accuracy of
the overall land use data; the same parcels shown in
several land use classifications, including some
parcels which may be exempted from the utility;
unbillable developed but vacant properties in the
parcel count.
The City Council directed the staff to investigate
ways to begin the billing for the utility as soon as
possible. The Council wanted to have revenue
available to pay for expenses already incurred by
the EPA stormwater permit, as well as the
anticipated ongoing permit costs, and initiate
funding for possible storm sewer projects.
The existing billing system will allow immediate
billing, but on a flat rate basis. It will take
approximately one year to be able to bill non-
residential property on the impervious acre basis.
Collecting data for 7,000 to 8,000 individual
parcels will also be required during that time
period.
Therefore, the schedule of charges (rate) the City
Council is currently considering is proposed as an
"interim rate." The interim rate could be initiated
in October 1993 and would be in effect approximately
one year. Another public hearing will be required
to consider changing from the flat rate to a rate
based on the acreage of impervious surface area for
non-residential properties.
During this interim period, the proposed residential
rate is $1.71 per month, as recommended by the
Stormwater Advisory Committee. The proposed charge
for non-residential properties is $11.35 per month
per water meter billing. The $11.35 rate per water
meter for non-residential properties was determined
as follows:
Average estimated non-residential property
has 1.08 impervious acres per parcel.
1.08 acres x $15.55 per impervious acre
(committee recommendation = $16.79 per
parcel
September 23, 1993
Page 816
However, it appears that the very large properties
may inflate the average charge, placing an undue
burden on the smaller non-residential properties.
Therefore, the properties exceeding 500,000 square
feet in size were excluded in the calculation,
reducing the average size of the non-residential
property to 0.73 impervious acres per parcel.
0.73 Acres x $15.55 per impervious acre =
$11.35 per parcel
The staff recommended the resolution setting interim
rates for the stormwater utility be approved. The
recommended interim rates are:
Residential Property $1.71 per month per
water meter
Non -Residential Property $11.35 per
month per water meter
The staff recommended that an in-depth review of
drainage projects be held with the City Council
during a December or January work session to
determine Council priorities. The possibility of
bonds being issued against the utility for drainage
projects could also be discussed.
Mayor Langston opened the public hearing at 11:50
a.m.
Gary Rothwell, developer and builder and member of
the stormwater utility task force, spoke in favor of
the interim rate recommended by the task force.
Mr. R. V. Terrell, member of the task force, spoke
in opposition to the interim rate and asked Council
to consider an interim rate of no higher than $1.50.
Mikel Ward spoke in opposition to this request and
commented that the time set for the public hearing
does not allow full participation by business
owners. She suggested that Council continue to work
with TML to ease unreasonable regulations on cities.
Mayor Langston closed the hearing at 12:12 p.m.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution
#4261 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
September 23, 1993
Page 817
93-52B-817-678
(25.)
A RESOLUTION
HIGHWAYS, AVENUES
THE BOUNDARIES OF
SPECIFICATIONS.
improvements.
RESOLUTION #4262
PROVIDING FOR IMPROVEMENTS TO PORTIONS OF STREETS,
AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG
SAID CITY AND DIRECTING PREPARATION OF PLANS AND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT public necessity exists that the following
portions of streets and an alley in the City of Lubbock and along the
boundaries thereof be improved as herein provided, to -wit:
Frankford Avenue from 66th Street to 82nd Street.
98th Street from Indiana Avenue to FM 1730 (Slide Road).
20th Street from Juneau Avenue to Kewanee Avenue.
The East-West/North-South alley between FM 1730 (Slide Road)
and Zoar Avenue and between 75th Street and 76th Street.
SECTION 2. THAT said portion of the above -described streets shall
be improved by raising, grading and filling same, by installing curbs
and gutters, and by installing base material and asphaltic concrete
surface or concrete street paving within the street right-of-way, and
THAT said portions of the above -described alley shall be improved
by raising, grading and filling same, and by installing a ten (10) foot
wide, 5" minimum depth reinforced concrete strip in the center of the
alley right-of-way.
SECTION 3. THAT the City Engineer is hereby directed to prepare
plans and specifications for such improvements.
SECTION 4. THAT such improvements in each unit shall be paid for
in the following manner:
STREET IMPROVEMENTS
(a) The abutting property and owners thereof shall pay and shall
be assessed for all the cost of constructing curbs in front
of such respective property and a part of the remaining cost
of such improvements: provided, that such part of the cost
assessed to the abutting property or owners thereof will not
exceed ninety percent (90%) of the cost of the improvements
plus the cost of the curb: and further provided that if it
shall appear at the hearing, to be had before final
assessment is made, that the special benefits to such
property by way of enhancement value thereof by means of
such improvements will not aggregate to such proportion of
the cost as specified above, then there shall be assessed
and be paid by such abutting property and the owners thereof
a lesser amount not to exceed the benefits.
(b) The remaining cost of said improvements after deducting the
sums finally assessed against abutting property and the
owners thereof under subparagraph (a) above shall be paid by
the City of Lubbock.
September 23, 1993
Page 818
ALLEY IMPROVEMENTS
(a) The abutting property and the owners thereof shall pay and
shall be assessed for a part of the cost of such
improvements in the following manner: All property will be
assessed ninety percent (90%) of the total construction
cost. Said abutting property and the owners thereof shall
pay and be assessed for the cost of constructing alley
paving improvements as specified above, provided, that if it
shall appear at the hearing to be had before final
assessment is made, that the special benefits to such
property by way of enhancement value thereof by means of
such improvements will not aggregate to such proportion of
the cost as specified above, then there shall be assessed
and be paid by such abutting property and the owners thereof
a lesser amount not to exceed such special benefits.
(b) The remaining cost of said improvements after deducting the
sums finally assessed against abutting property and the
owners thereof under subparagraph (a) above shall be paid by
the City of Lubbock.
SECTION 5. THAT the amounts assessed against and to be paid by
the abutting property and the owners thereof shall be payable in five
(5) equal installments, the first of which shall become due on or before
twenty (20) days after completion and acceptance by the City Council of
the improvements in the unit on which the property abuts; the second,
third, fourth and fifth installments shall become due one, two, three
and four years respectively after completion and acceptance by the City
Council of the improvements in the unit upon which the property abuts,
and shall bear interest from the date of completion and acceptance until
paid, at the rate of eight percent (8%) per annum on street improvements
and eight percent (8%) per annum on alley improvements, payable
annually, with provisions that if default be made in the payment of any
installment promptly as the same matures, then at the option of the
holder of such assessment of certificate issued in evidence thereof,
such default shall mature the entire assessment upon which same is made.
SECTION 6. THAT assessments shall be made and levied, and shall
be a first and prior lien and personal liability for principal,
interest, reasonable attorneys' fees and costs of collection, if
incurred, all under and in accordance with the Charter of the City of
Lubbock and amendments thereto, now in force in this City, and in
accordance with the provisions of Article 1105b, Revised Civil Statutes
of Texas.
SECTION 7. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 23rd day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M . Johnson, C_ _`y,
APPROVED AS TO
/ s/ Lal I'"t'l
I arry Fler-tel - C�''• ;
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
September 23, 1993
Page 819
This resolution is the first of five resolutions to
initiate an assessment paving program for the
construction of paving improvements as follows:
Frankford Avenue from 66th Street to 82nd
Street.
98th Street from Indiana Avenue to FM 1730
(Slide Road).
20th Street from Juneau Avenue to Kewanee
Avenue. A petition requesting the street
paving was signed by 9 of 14 property
owners (64 percent) representing 60
percent of the abutting footage.
The East-West/North-South alley between FM
1730 (Slide Road) and Zoar Avenue and
between 75th Street and 76th Street. A
petition requesting the alley paving was
signed by 6 of 7 property owners (86
percent) representing 71 percent of the
abutting footage.
Ninety-eighth Street and Frankford Avenue are
approved projects in the 1993-94 Capital Project
Budget.
Paving of Frankford Avenue will be paid for using
bond money planned for 98th Street that will be
available due to TxDOT participation in that
project. The bond funds will be supplemented with
prepaid paving accounts and assessment of abutting
properties.
Ninety-eighth Street is included in the 1994
Transportation Improvement Program resulting in
Federal participation in the cost of the street
paving improvements. The project is to be designed,
bid, and constructed by the Texas Department of
Transportation (TxDOT). TxDOT, utilizing the
federal funding, will pay for 80 percent of
construction and engineering costs. Prior to
construction, TxDOT will prepare the Environmental
Impact Statement and hold a hearing for public
comment relating to the project. The City will be
responsible for right-of-way, utility adjustments,
and 20 percent of construction and engineering
costs. The City will provide for its portion of the
costs with funds in escrow for prepaid paving,
assessment of abutting properties, and approved
bonds.
The paving of 20th Street and the alley will be paid
for primarily by assessment of abutting properties.
On assessment paving programs, the City is required
by State law to participate in a minimum of 10
percent of the construction costs associated with
these paving improvements.
Staff recommended approval of this resolution which
initiates assessment proceedings for these streets
and alleys.
Motion was made by Councilmember Cooke, seconded by
Mayor Pro Tem Neugebauer to authorize Resolution
#4262 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
September 23, 1993
Page 820
93-52B-820-679
(26.) Consider the closing of completed Housing and
Community Development Projects and associated
ad.iustment to the Contingency Fund.
At the end of each fiscal year, the Housing and
Community Development projects which have been
completed during the previous year are closed and
the budget underruns and overruns are reconciled
with the contingency fund.
During the past twelve months, several projects have
been completed. Total under budget projects was
$180,636.35; projects which were over budget totaled
$185,677.50, which represents about 7.87 percent of
the total expenditures during the year. There are
primarily two projects which constitute the majority
of the project overrun: residential
rehabilitation/17th Year program and Paint -up
program.
Although the 17th Year Residential Rehabilitation
program and the 17th Year Residential Loan program
are set up separately, they work in conjunction with
one another. The total budgeted for this project
was $850,000. The total expenditures for the 17th
Year Residential Rehab program and the 17th Year
Residential Loan program was $873,486.01, totalling
a budget overrun of $23,486.01. This budget overrun
was due to many change orders that occurred to
rehabilitate dilapidated housing. The 17th Year
(1991) was the first year to have the Below -Market -
Rate -Loan in conjunction with the No -Interest -
Deferred -Payment program. The Below -Market -Rate -
Loan is based on a sliding scale which determines
how much the applicant can afford to pay back. The
total number of BMRL's made in the 17th Year was 29
and for NIDP the total was 59.
The Paint -Up program experienced an overwhelming
response from those requesting assistance.
Approximately 996 houses and 4 non-profit agencies
received assistance through the Paint -up program.
The policy toward the program has been that if the
City has qualified participants, these participants
should not be turned away. Staff implemented a
streamlined application process. The original
project budget was $35,000, with actual expenses of
$74,294.96.
The closing of these completed projects would
decrease the contingency fund balance of $268,758.51
to $263,717.36. The contingency fund is available
to fund either new projects or to augment existing
projects. The HUD regulations state that any
expenditure from the contingency fund requires a
public hearing. Traditionally, the City of Lubbock
has funded projects from the contingency fund after
a public hearing in October as an interim allocation
or in conjunction with the primary allocation public
hearing in February. The decision to fund projects
from the contingency fund as an interim allocation
is determined by the available contingency fund
balance.
September 23, 1993
Page 821
93-52B-821-680
(27.)
With the contingency fund balance of $263,717.36,
the staff recommendation is to hold this contingency
fund balance and review it for potential allocation
in February when the projects are presented and/or
specific issues such as economic development and
neighborhood revitalization issues have already been
addressed that may affect how the Community
Development Block Grant is allocated.
Motion was made by Councilmember Cooke, seconded by
Mayor Pro Tem Neugebauer to approve closing of
completed Housing and Community Development projects
and associated adjustments to the Contingency Fund
as recommended by staff. Motion carried: 6 Yeas: 0
Nays.
RESOLUTION #4263
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
Engineering Services Agreement by and between the City of Lubbock and
Fanning and Fanning & Associates, Inc., for a Municipal Coliseum HVAC
(Cooling) System, 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 23rd day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Van McVay
Van McVay, Director of Civic Center
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Engineering Services Agreement between the City of Lubbock
and Fanning, Fanning & Associates is filed with Resolution No. 4263.
September 23, 1993
Page 822
As a part of the Bond Election held in May of 1993,
a capital project was approved to install a cooling
system in the Lubbock Municipal Coliseum. The
amount budgeted for construction is $1,410,000. The
firm of Fanning, Fanning & Associates provided
assistance during the development of the CAC request
submittal phase. Their involvement included a
cursory study of the existing system, providing cost
estimates for the project and recommending
alternative methods for meeting the refrigeration
load.
According to staff memo, the system will be a
chilled water system. There were three options for
supplying chilled water that were identified by
Fanning and Fanning. These options were presented
to the CAC Subcommittee at the time the project was
being considered for inclusion in the bond election.
The most desirable and cost effective option was to
connect with the Texas Tech campus system. Fanning
and Fanning recommended that this option be the
first to be explored due to the low maintenance and
cost savings that the City would realize by not
having to maintain a stand-alone chiller system.
A meeting was held on Tuesday, September 14, 1993,
with City Staff and Texas Tech University
representatives to begin discussions on the
feasibility of this tie-in option. Several issues
were discussed in this meeting, one of which dealt
with the available capacity to handle both the
campus peak load and Coliseum peak load needs.
Texas Tech and City staff will each put together
detailed lists and parameters to be addressed in a
contract. Texas Tech will also submit a cost
proposal to City staff concerning the chilled water
usage. The engineers will be able to begin work on
the interior design of the system prior to an
agreement being reached between the City and Texas
Tech: however, a November 1, 1993 deadline for a
negotiated contract with Texas Tech was set so as
not to delay the overall design of the system.
Due to their prior involvement in this project, an
agreement has been negotiated with Fanning, Fanning
& Associates to develop specifications for this
project. A recap of key provisions of the agreement
is as follows:
1. Fanning, Fanning & Associates, Inc.
will provide detailed drawings and
written specifications for the
purpose of the City to bid out the
purchase and installation of the
equipment and materials required for
the Cooling System.
2. Fanning, Fanning & Associates will
be present during the pre -bid phase
to answer questions from vendors:
will provide general administration
of the construction contract to
include acting as owner's
representative and conducting
on -site inspections of the work
being performed: and will provide
technical support during the
negotiations with Texas Tech
University.
September 23, 1993
Page 823
Omm
3. Fanning, Fanning & Associates will
provide a statement of probable
construction cost and, following the
final design phase, will advise the
City of any adjustments caused by
changes in the scope of work or by
general market conditions.
4. The set fee, as outlined in the
agreement, will be one of two
options, contingent upon which
method is used to provide the
chilled water supply. The options
are as follows:
A. Should negotiations with Texas
Tech University be successful
the set fee will be $91,000.
B. Should the system require a
stand alone system or thermal
storage tank for the chilled
water supply, the set fee will
be $98,700.
5. Fanning, Fanning & Associates will
be required to provide Certificates
of Insurance for Professional
Liability, General Liability,
Automobile Liability and Workers
Compensation and Employer's
Liability prior to commencing work.
6. The agreement can be terminated with
a 30-day written notice for failure
or refusal to perform in accordance
with the terms and conditions of the
Agreement.
The set fee negotiated for both options represents 7,
percent of the estimated cost of the project. This
allows the City to know exactly what the cost for
these services will be for this project.
Staff recommended an agreement with Fanning, Fanning
& Associates to develop the drawings and written
specifications for the Coliseum cooling system.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4263 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
September 23, 1993
Page 824
93-52B-824-681
(28.)
RESOLUTION #4264
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 for Public Health Services by and between the City of Lubbock
and the Texas Department of Health, attached herewith and all associated
documents, 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 23rd day of September, 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, Public Health
Administrator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Contract for Public Health Services between the City of
Lubbock and the Texas Department of Health is filed with Resolution No.
4264.
According to staff memo, this is an annual contract
between the City of Lubbock and the Texas Department
of Health. The signing of this contract allows the
City Health Department to participate as one of 76
"State Affiliated Health Departments." The contract
provides funds, personnel, supplies, and
consultation services for a wide range of services
including:
Material & Child Health Immunizations
AIDS Counselling & Testing Laboratory
Dental Family Planning
Sexually Transmitted Diseases AIDS Education
The contract amount (direct and indirect financial
assistance) is for $776,230 which represents an 18
percent increase over last year's contract. Most of
this is due to an increase in personnel in the
Maternal & Child Health Attachment and for renewed
funding in the laboratory services attachment. The
budgeted cost of the reagents used to run the tests
has been increased to more closely reflect the
actual cost.
September 23, 1993
Page 825
`O
The HIV Testing and Counseling Attachment and the
HIV Education Attachment have not yet been received
from the State. These two attachments will add an
additional $76,641 to the contract.
This agreement provides funds for 23 employees, four
of which are state paid employees. The state
provides funds for 47 percent of the Personal Health
Section's Budget. With this level of funding, the
City Health Department projects that staff will have
a total of 56,000 patient visits and give over
30,000 immunizations. The Laboratory will perform
more than 270,000 tests.
The contract requires that no individual will be
turned away from services because of their inability
to pay. Due to this clause in the contract, 15 to
20 percent of patients come from outside the City.
This annual contract is organized into: 1) General
Provisions (applicable to all Texas Department of
Health Contracts): 2) attachments (description of a
program, reporting requirements,
investigation/control measures, any special
provisions, and the budget): and 3) Performance -
Based Contract Objectives. During the past several
years most changes have been in the General
Provisions. In Paragraph 3 of Article 8, the City
indicated, by signing the contract, it would comply
with all federal and state statutes relating to non-
discrimination including, as of this year, the Age
Discrimination in Employment Act of 1967, as amended
(29 USC Sec. 621-634). Changes and/or additional
requirements are contained in Articles 8, 26, and
27.
The Performance -Based Objectives have been
previously negotiated between the City Health
Department and the Texas Department of Health. In
addition to the direct benefits enumerated in the
contract, the City receives many indirect benefits
from our State affiliation. By being a State
Affiliated Health Department, the City of Lubbock
has access to all resources of the Texas Department
of Health including medical consultations,
pamphlets, educational seminars, assistance during
disease outbreak, etc. City staff supported the
Board of Health's unanimous recommendation that this
contract be approved and that the City Council
authorize the Mayor to sign this document and all
future amendments during the forthcoming year.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Patterson to authorize
Resolution #4264 as recommended by the Board of
Health and City staff. Motion carried: 6 Yeas; 0
Nays.
September 23, 1993
Page 826
93-52B-826-682
(29.)
RESOLUTION #4265
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
1 THRU 70 AND TRACT "A", REGAL PARK ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Regal Park Addition, Lots 1 thru 70 and
Tract "A" 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 $145,905.33,
with the improvements constructed by Rhode Construction having a value
of $135,974.75, as determined by the unit prices established by said
Chapter 28, and $9930.58 cash paid to the City, which amount includes
$4680.57, for adjacent lines, with Lubbock Land Co., the developer, to
receive a refund of $32,208.98 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-, 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 $32,208.98
be made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$-0-.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 23rd day of September, 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
September 23, 1993
Page 827
93-52B-827-683
(30.)
According to staff memo, this is a routine
acceptance of water and sewer improvements
constructed in accordance with the subdivision
regulations. The total cost of the improvements is
$145,905.33 including value of construction costs
($135,974.75) and $9,930.58 cash paid to the City of
Lubbock (including $4,680.57 for adjacent lines).
The developer, Lubbock Land Co., will receive a
refund of $32,208.98 in accordance with Chapter 28,
of the Code of the City of Lubbock. There is no
refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4265
as recommended by staff. Motion carried: 5 Yeas; 0
Nays --Mayor Pro Tem Neugebauer recused.
RESOLUTION #4266
WHEREAS, the City of Lubbock and the Science Spectrum have
heretofore on the 28th day of February, 1991, entered into a Land
Acquisition and Management Agreement with regard to the Omnimax Theater;
and
WHEREAS, said Agreement requires the Science Spectrum to submit an
annual operating budget for the Exhibition Hall/Auditorium to the City
for inspection prior to the commencement of each City fiscal year; and
WHEREAS, the Science Spectrum has submitted its proposed annual
operating budget to the City as required by Section 5.14 of the Land
Acquisition and Management Agreement; and
WHEREAS, the City of Lubbock has reviewed such proposed budget as
required by the Agreement; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
September 23, 1993
Page 828
THAT the proposed Initial Operating Budget for the Omnimax Theater
heretofore submitted to the City of Lubbock for review by the Science
Spectrum and attached hereto as Exhibit A is approved for the Fiscal
Year 1993-94.
Passed by the City Council this 23rd day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant
City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
INITIAL OPERATING BUDGET ESTIMATE
OMNIMAX THEATER
OCTOBER 1, 1993 TO SEPTEMBER 30, 1994
DESCRIPTION
The management and staff's responsibliites is to perform the functions
necessary for the operation of the Omnimax theater providing efficiency
and programming to maximize visitor enjoyment and attendance, helping
position Lubbock as a tourist destination city.
ESTIMATED REVENUES
EXPENSES
Personal Services $125,000
Supplies 34,000
Maintenance 70,500
Other Charges 344,000
TOTAL ESTIMATED EXPENSES
ESTIMATED CASH FLOW
GOALS AND OBJECTIVES
$600,000
$573,500
26,500
1. Sucessfully open this major regional attraction with awareness
events and publicity.
2. Provide new programs on an average of every four months.
September 23, 1993
Page 829
3. Open each film with publicity, special events and ad campaign
to maximize business opportunities.
4. Conduct visitor surveys.
5. Work with other agencies to coordinate marketing activities
promoting tourism attractions in Lubbock.
According to the contract between the City of
Lubbock and the Science Spectrum dated February 28,
1991, the Science Spectrum is required to submit a
budget to be approved by the City Council. The
contract requires this budget to be submitted to the
City 30 days prior to the beginning of the fiscal
year which begins October 1.
The budget includes a one -page document following
the same format as the other city departmental
budgets as far as expenditure categories are
concerned that have been presented to the City
Council. This budget for the first year or start-up
year of the OmniMax Theater is based totally on
estimates since there is no history of the facility
at this time.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize Resolution #4266
as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
September 23, 1993
Page 830
93-52B-830-684
(31.)
RESOLUTION #4267
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 a document
entitled "Assignment and Consent to Assignment of Leasehold Interest"
from Tom Brown, as Assignor, to the Lubbock National Bank, as Assignee,
which document is attached hereto and shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 23rd day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Assignment and Consent to Assignment of Leasehold Interest
is filed with Resolution No. 4267.
The Lubbock National Bank has requested an
assignment of the lease agreement that staff entered
into originally with Gary Greenstreet on the
construction of the FAA hangar at Lubbock
International Airport. The bank is entering into a
financing arrangement whereby Tom Brown is assigning
his equity in the lease to the Lubbock National
Bank.
As the City Council is aware, plans are to buy this
lease out in January, 1994, and part of the bond
issue in October, 1993 is for this purpose. This
proposed transaction between Mr. Brown and the
Lubbock National Bank would have no effect on the
City of Lubbock's position in this arrangement.
Staff recommended approval of the resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4267 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
September 23, 1993
Page 831
93-52B-831-685
(32.)
RESOLUTION #4268
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
Management Service Agreement by and between the City of Lubbock and Bob
Cass, 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 23rd day of September, 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
r I
LSTATEE OF TEXAS §
COUNTY OF LUBBOCK §
MANAGEMENT SERVICE AGREEMENT
This Agreement is entered into this day between the City of
Lubbock, hereinafter called CITY, and Bob Cass, hereinafter called CASS.
WITNESSETH:
WHEREAS, the CITY and CASS desire to agree upon and set forth the
following terms of his employment; and
WHEREAS, the CITY wishes to employ the services of CASS as City
Manager of the City of Lubbock; and
WHEREAS, CASS has demonstrated and proven exceptional managerial
abilities in the performance of his duties; and
WHEREAS, CASS accepts employment as City Manager of the said CITY:
.1e
WHEREAS, CASS and the CITY are desirous of setting forth the
Agreement for CASS' compensation as set forth in all of the numbered
paragraphs hereinbelow;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
Based upon the mutual covenants herein the CITY and CASS agree as
follows:
1. The CITY agrees to employ Bob Cass as City Manager of the
City of Lubbock, Lubbock, Texas, to perform all duties specified by law
and ordinance and to perform the other proper and legal duties assigned
to him by the City Council.
September 23, 1993
Page 832
2. CASS agrees to faithfully and diligently perform the duties
of City Manager of the City of Lubbock, Texas.
3. Notwithstanding any other portion of this Agreement, the
City Council will annually review and set the salary, benefits and
bonuses, if any, of CASS according to the performance of his duties as
City Manager for the City of Lubbock. The criteria considered by the
City Council shall be the same as that used for all other City employees
and said Council shall document the same according to the personnel
action form (LT Form P-2) of the City of Lubbock. CASS is to receive
all employment benefits (including but not limited to vacation, health,
sick leave, death and retirement benefits) in the same fashion on a
proportional basis consistent with his salary, as any other City
employee equal in longevity and status to CASS.
4. CASS' term of employment is indefinite subject to the
conditions hereinbelow.
5. The employment agreement shall not be interpreted so as to
grant to CASS any rights under this contract that are contrary or
repugnant to the City Charter, City Code, or City Regulations.
6. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of CASS to resign at any time from his position
with the CITY subject only to the termination provisions set forth
hereinbelow. Should CASS resign, CASS shall give six (6) weeks notice,
in writing, of his resignation. Nor does anything in this Agreement
prevent, limit or otherwise interfere with the right of the CITY to
discharge CASS if CASS is convicted of a felony or any other crime
involving moral turpitude.
7. Termination - In the event CASS' employment is terminated by
the City Council by written notice while CASS is willing and able to
perform the duties of City Manager, the CITY agrees to compensate CASS
payment equal to 6 months salary provided, however, that CASS has not
secured other employment. Should CASS obtain employment within the 6
month period, then the termination pay will cease upon that employment
and the CITY shall be only obligated to pay a percentage of the salary
and all benefits received equal to the number of days that CASS was
unemployed. Such termination pay is to be distributed in accordance
with the same pay period for City employees of equal longevity and pay
status.
8. Should CASS be unwilling to perform the duties of City
Manager upon receiving written notice of termination, the CITY is
discharged under any responsibility with respect to termination pay as
provided in Paragraph 7.
9. Upon termination of his employment, CASS shall receive
compensation for all accrued vacation and such termination benefits as
applied to other City of Lubbock employees of similar longevity
including, but not limited to stability pay and vacation.
10. Should the City Council reduce CASS' salary by a greater
percentage than any universal salary reduction for all City of Lubbock
employees, -such salary reduction is agreed by the parties as a ground,
to entitle CASS, at his option, to invoke the provisions of this
Agreement concerning termination pay as earlier stated in this
Agreement. The termination pay computed pursuant to the above paragraph
7 shall be at CASS' salary prior to any reduction as is set forth in
this paragraph. Said salary is to be payable in cash in pay periods as
provided for other City employees.
11. The waiver of either party of any breach or violation of
this Agreement shall not operate as or be construed to be a waiver of
any subsequent breach or violation hereof.
September 23, 1993
Page 833
12. Any and all notices permitted to be given under this
Agreement shall be furnished in writing and sent by certified mail,
return receipt requested to the address of CASS or to the principal
office of the City of Lubbock in Lubbock County, Texas, in the case of
the CITY.
13. This Agreement is executed in duplicate originals each of
which shall be deemed an original and shall together constitute one and
the same Agreement, with one counterpart being delivered to each party
hereto.
EXECUTED this the 23rd day of September, 1993.
THE CITY OF LUBBOCK
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
/s/ Bob Cass
Bob Cass
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Following negotiations between the City Council and
City Manager, it was agreed that a management
agreement calling for a six-month severance package
would be appropriate. The agreement was drafted by
the City Attorney in agreement with appropriate
sections of the City Charter.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4268 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
93-52B-833-686
(33.)
September 23, 1993
Page 834
There being no further business to fore Council, motion was made
by Councilmember Cooke, seconded b Mayor Tem N to adjourn
the meeting at 3:42 p.m. Motion rried: 5 as, 0 Nay oun ember
Patterson absent from the Council hambe
ATTEST:
4VC
.�
G
Betty V. Johns(V,City ecretary
Read and approved this the 14th day
ATTEST:
etty o nsoCity ecre ary