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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