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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/10/1994MARCH 10, 1994 Page 144 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 10, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of March 1994 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 10:21 A.M. ( 1.) The Invocation was given by Betty M. Johnson, City Secretary. ( 2.) 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 Hernandez to approve the minutes of the February 18, 1994, Special City Council Meeting and February 27, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. `r ( 5.) Consider Resolution #4414 authorizing the Mayor to execute a tax abatement agreement with Gary Products Group, Inc. RESOLUTION #4414 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 Tax Abatement Agreement by and between the City of Lubbock and Gary Products Group, Inc., for certain property within the South Enterprise Zone to receive commercial -industrial tax abatement, which Agreement is attached hereto and made a part hereof for all purposes. Passed by the City Council this 14th day of March, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Relations/ Economic Development MARCH 10, 1994 Page 145 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement between the City of Lubbock and Gary Products Group, Inc. is filed with Resolution No. 4414. Gary Products Group, Inc. has made application for Industrial Tax Abatement in the South Enterprise Zone. The company plans to produce a complete line of unique patented plastic accessories for installing Christmas decorations. The com- pany plans to build a 120,000 square foot distribution facility with a 7,500 square foot office at an estimated cost of $1,500,000 to be located at 3101 Southeast Loop 289. As a result of the expansion, the company plans to create or retain 65 jobs. The request for tax abatement is for a ten-year period at 100 percent of value. The company has purchased 32 acres of land for the facility, and the proposed completion date for the new construction is August 31, 1994. The cost for the land was $150,000. In addition, the company is eligible for $140,000 in infrastructure funding from LP&L. Lubbock County Judge Don McBeath indicated that the county would participate in the abatement. Larry Throm, representing Lubbock Independent School District indicated that the district would not participate in the abatement. Staff recommended Council approval. Motion was made by Councilmember Patterson, seconded by Councdmember Hernandez to authorize Resolution #4414 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 6.) Consider the price and condition of sale of Parcel Number 85430-2-6 at 214 Avenue K in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Art Cuevas Construction, Inc. Art Cuevas plans to build a new 1,278 sq.ft. single family residence for $45,000. The land is properly zoned for this development. This proposed sale is submitted according to the marketing plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Community Development Department staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the price and condition of sale of Parcel Number 85430-2-6 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) Consider Resolution #4415 authorizing the Mayor to sign the cover sheet of the TzDOT plans to construct a pavem, -+ overlay on North and East Loop 289. RESOLUTION #4415 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 the Cover (Title) Sheet of the Texas Department of Transportation plans to construct an asphaltic concrete overlay on portions of North and East Loop 289, being State Highway Projects CPM 783-1-65 and CPM 783- 2-60, attached herewith, which shall be spread upon the minutes of the Council and as MARCH 10, 1994 Page 146 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 1 Oth day of March, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bety M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ LgM D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a project by TxDOT to repair and overlay the main lanes of North and East Loop 289. The estimated cost of the project is $2.1 million. The contract is proposed to bid in May 1994 and will take approximately 3 months to complete. TxDOT requests that the Mayor sign the cover sheet on plans for their projects that are within the City of Lubbock so that the Council is aware of the proposed construction. There is no City cost related to this project. Staff recommended acceptance of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4415 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) Consider Ordinance #9688 abandoning and closing a 20-foot underground utility and garbage service easement located in Tracts B and C. Kings Park Addition (7609 Quaker Avenue). ORDINANCE #9688 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT UNDERGROUND UTILITY AND GARBAGE SERVICE EASEMENT LOCATED IN TRACT B AND C, KINGS PARK 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. This 20-foot easement being closed is just east of Quaker Avenue and south of 76th Street. Ten feet of this easement lies along the south ten feet of Tract B and the other ten feet lies along the north ten feet of Tract C. Methodist Hospital requests the closure for the building expansion to the area south of their existing building. Methodist will dedicate a new 20-foot easement along the south 20-feet of Tract C. A telephone cable will have to be relocated and all other utilities are in agreement. The $150 application fee has been paid. The Right -of -Way Department recommended the first reading of this ordinance. MARCH 10, 1994 Page 147 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9688 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) BID #12781--Heavy Equipment Rental (Fleet Services). West Texas Equipment— 1 ea. Dozer, 95HP 3 Month Rental; 1 ea. Dozer, 165HP 3 Month Rental; 1 ea. Scraper, 23 yd 3 Month Rental; 1 ea. Foot Roller 3 Month Rental; 4 ea. Scraper, 23 yd 7 Month Rental; 1 ea. Agriculture Tractor 7 Month Rental; 1 ea. Road Tiller 7 Month Rental; 1 ea. Water Truck 7 Month Rental. Conley Lott Nichols Machinery Company— 1 ea. Road Reclaimer 3 Month Rental; 1 ea. Drum Roller 7 Month Rental. Yellowhouse Machinery Company--2 ea. Motor Grader, 150HP 7 Month Rental. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) BID #12803--Lubbock Power and Light Billing Statements and Envelopes (Print Shop). Artistic Specialties— 1,000 M Lubbock Power & Light Billing Statements. Butler Paper— 1,000 M Lubbock Power & Light # 10 Window Envelopes; 1,000 M Lubbock Power & Light Window Envelopes. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) RFP #12817--Xerox 4050 Printer Maintenance Two Year Contract, and authorize same (Information Services). RESOLUTION #4416 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 and all related documents by and between the City of Lubbock and Xerox Corporation of Lubbock to furnish and install all materials as bid for the Xerox 4050 Printer Maintenance Two Year Contract for the City of Lubbock, which contract is attached hereto, 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 1 Oth day of March, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager MARCH 10, 1994 Page 148 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Xerox Order Agreement is filed with Resolution No. 4416. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4416 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) BID #12820--Armored Car Service, and authorize same (Finance Department). RESOLUTION #4417 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 and all related documents by and between the City of Lubbock and Loomis Armored, Inc., of Lubbock, Texas to furnish and install all materials as bid for the Armored Car Service Contract for the City of Lubbock, which contract is attached hereto, 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 10th day of March, 1994. /s/ David R. Lan sgLton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the agreement between Loomis Armored Inc. and the City of Lubbock is filed with Resolution No. 4417. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4417 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) BID #12840--Pesticides (Park Maintenance). Terra International, Inc.--10 gf Phytar 560; 30 gl Pendulum; 100 gl Surflan 4 AS; 1 gl Image 1.5 LC; 1,000 lb Dyclomec 4G; 500 lb Amdro; 100 lb Dy-Syston 15G; 5 lb Dipel 2X; 100 gl Blazon Blue Turf Colorant; 155 gl. AquaGro-1. MARCH 10, 1994 Page 149 Estes, Inc.--30 gl Rodeo; 5,600 lb Balan 2.5 G; 20 gl Hyvar XL; 50 gl Trimec Plus; 60 gl Bensumec; 20 gl Diquat-WA; 30 gl Arsenal; 25 lb Gallery 75; 45 lb Oust; 200 gl Dormant Oil; 32 lb Turcam 2.5G; 32 lb Turcam WP; 100 lb Sevin 80s; 20 gl Cythion; 500 ml Tempo 2; 10 gl Triumph; 96 lb Bayleton 25; 96 lb Fore; 24 lb Daconil 2787; 1 cs Talon-G; 90 lb Gopher Bait; 10 lb Avitrol 200. Tri-State Chemicals Inc.--5 gl Banvel. Great Plains Chemical--10 Flasks Fumitoxin Pellets. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) BID #12844--Chemical Cleaning of Lubbock Power and Light Boilers, and authorize same (Electric Production). RESOLUTION #4418 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 and all related documents by and between the City of Lubbock and DIS Industrial Services of Deer Park, Texas to furnish and install all materials as bid for the Chemical Cleaning of Lubbock Power & Light Contract for the City of Lubbock, which contract is attached hereto, 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 10th day of March, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 10th day of March, 1994 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and DIS Industrial Service of the City of Deer Park, County of Harris, and the State of Texas, hereinafter termed CONTRACTOR. MARCH 10, 1994 Page 150 woo WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12844 -- Chemical Cleaning of Holly Avenue Power Plant - Boilers 1 and 2 in the amount of $85,830.29 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: DIS INDUSTRIAL SERVICES a division of HydroChem Industrial Services, Inc. By: Title: Location Manager COMPLETE ADDRESS: P.O. Box 820 Deer Park, Texas 77536-0820 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4418 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MARCH 10, 1994 Page 151 (15.) BID #12845--Landrill Liner Clay Material (Solid Waste). Roberson Sand and Gravel--30,000 Cy Clay Material. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider a resolution authorizing the Mayor to sign an Interlocal Agreement with Texas Tech University for the connection of the Municipal Coliseum to the University's underground utility system. This item was deleted from the agenda. (20.) Consider Ordinance #9689 ratifying Resolution #3869 and amending Section 26-22. subsection (b)(2) of the Code of Ordinances of the City of Lubbock with re and to allocation of the debt service ortion of Hotel Occupanij Tax Revenues. ORDINANCE #9689 AN ORDINANCE RATIFYING RESOLUTION NO. 3869 AND AMENDING SECTION 26-22, SUBSECTION (b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ALLOCATION OF THE DEBT SERVICE PORTION OF HOTEL OCCUPANCY TAX REVENUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Vicki Key, Interim Director of Civic Centers, presented staff comments. Chapter 351 (Municipal Hotel Occupancy Taxes) indicates clearly that allocation of the revenue from the Hotel/Motel Tax must be made by Ordinance. Lubbock's allocation was made in Section 26-22(b)(2) of the Code of Ordinances and the Section was amended by Ordinance #9373 in 1990. (Exhibit "A"). In 1992, Resolution #3869 was passed by the Council reallocating the excess portion of the hotel/motel tax revenue which had been allocated to debt service to civic center improvements. Resolution #3869, did not amend Ordinance #9373. As a matter of housekeeping, Section 26-22(b)(2) should be amended and Resolution #3869 ratified. Ordinance #9689 provides for the following: Section 1 - Ratifies City of Lubbock Resolution #3869, dated April 23, 1992 in its entirety. Section 2 - Amends Subsection (b)(2) of Section 26-22 of the Code of Ordinances of the City of Lubbock by replacing the words "Debt service for convention center facilities" in line 4 and 5 with the words "Civic Center improvement." In 1992, the City Council passed Resolution #3869 reallocating the excess portion of the hotel/motel tax, which had been allocated to Civic Center debt service, to Civic Center improvements. As a matter of housekeeping, staff recommended that Section 26-22(b)(2) of the Code of Ordinances of the City of Lubbock be amended as proposed and that Resolution #3869 be ratified. Motion was made by Councilmember Ince, seconded by Councilmember Aderton to pass on first reading Ordinance #9689 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MARCH 10, 1994 Page 152 (21.) Consider Resolution #4419 authorizing the Mayor to execute a contract with BGR Architects -En ineers for architectural services at Lubbock Animal Control. RESOLUTION #4419 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 and all related documents by and between the City of Lubbock and BGR Architects -Engineers, Inc., of Lubbock, for architectural services for the City of Lubbock Animal Shelter Renovation and Expansion, which contract is attached hereto, 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 10th day of March, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ C. H. Overstreet C.H. Overstreet, DVM Shelter Supervisor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement between the City of Lubbock and BGR Architects -Engineers, Inc. is filed with Resolution No. 4419. The May 1 Bond Election package gave Lubbock Animal Control $500,000 for renovation and expansion. A five -member selection committee has considered RFP's of nine architects for the proposed shelter renovation and expansion. Staff has selected BGR Architects -Engineers. A fixed fee of $39,880 was negotiated, representing 8 percent of the budgeted amount. Staff recommended approval of this contract. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize Resolution #4419 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Consider a resolution authorizing a Sick Leave Incentive Program on a pilot basis in the Fire Department. This item was deleted from the agenda. MARCH 10, 1994 Page 153 (16.) ZONE CASE NO 2722 (1318) Harvard) --Hold a public hearing to consider request of John Hall (for Charles Hall) for a zoning change from R-2 to M-1_ on Lots 16, 17 and 18, Block 12, Country Club Addition, and consider Ordinance #9690. ORDINANCE #9690 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2722; A ZONING CHANGE FROM R-2 TO M-1 ZONING ON LOTS 16,17 AND 18, BLOCK 12, COUNTRY CLUB ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:30 A.M. John Hall appeared on behalf of Charles Hall to present this request for zone change from R-2 to M-1. No one appeared in opposition. Mayor Langston closed the public hearing at 10:37 A.M. Randy Henson, Senior Planner, presented staff comments. The request is an expansion of an existing industrial business located west of these lots. Adjacent land uses: North - residential South - industrial East - residential West - industrial The request is consistent with both the Comprehensive Land Use Plan and zoning policies. Several lots to the east and several north of the alley are zoned and continue as residential as a hold -over from the days when this was a residential area. The dominant zoning in the area is M-1 and M-2. The request should have no adverse effect on traffic. The zone case west of these lots was Specific Use to accommodate a reduced building setback on North Avenue N as well as no screening fence on the east. No variations from Code requirements are sought by this request except that, as a condition, the Planning Commission approved a deletion of the required screening fence on the east and north line that would normally be required. This suggestion by staff was based on the fact that the R-2 is out of place in this area, not the M-1. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0 subject to the following condition: The required screening fence shall be waived on the north and east property lines. The staff recommended upholding the P&Z recommendation. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9690 as recommended by staff. Motion carried: 6 Yeas; 1 Nays--Councilmember Hernandez. MARCH 10, 1994 Page 154 (17.) ZONE CASE NO 2723• (4933 Brownfield Highway) --Hold a public hearing to consider request of J Murfee (for J. T. Talkington) for a zoning change from C-3 to C-4 (for a pawn shop and retail store) on Lot G, Bender Center Addition, and consider Ordinance #9691. ORDINANCE #9691 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2723; A ZONING CHANGE FROM C-3 TO IHC ZONING ON LOT G, BENDER CENTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:41 A.M. J. Murfee appeared on behalf of J. T. Talkington to present this request for zone change from C-3 to C-4. No one appeared in opposition. Mayor Langston closed the public hearing at 10:47 A.M. Randy Henson, Senior Planner, presented staff comments. The building at this location is a former United Supermarket. Discussions between the proponent and staff after the request was filed suggested a change in the request from C4 to IHC. Adjacent land uses are as follows: North - Brownfield highway/commercial South - commercial East - commercial and apartments West - commercial The request is in order with both Comprehensive Land Use Plan Policy. The Comprehensive Plan guideline for heavier commercial zoning recommended locations on a regional highway and the Brownfield Highway meets that description. The zone change will have little or no effect on traffic in the vicinity. The Planning and Zoning Commission recommended approval of this request by a vote of 6-1. The staff supports the recommendation of the P&Z Commission. Motion was made by Councilmember Aderton, seconded by Councilmember Cooke to pass on first reading Ordinance #9691 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Hold a Public hearing to consider Ordinance #9692 eliminating the requirement of the payment of any fees regarding zoning or permits for group homes for handicapped persons. ORDINANCE #9692 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING," BY AMENDING SECTION 29-30(7)(d) AND SECTION 29-28(c)(2), TO ELIMINATE THE REQUIREMENT OF THE PAYMENT OF PERMIT OR APPLICATION FEES FOR A GROUP HOME FOR HANDICAPPED PERSONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:49 A.M. MARCH 10, 1994 Page 155 No one appeared in favor or opposition. Mayor Langston closed the public hearing at 10:50 A.M. Randy Henson, Senior Planner, presented staff comments. During the pre-trial research for the Federal lawsuit against the Handicapped Housing Ordinance, the contention has been made that fees for ZBA hearings or permits may be discriminatory toward handicapped persons. To remove that contention, the Legal and Planning departments are proposing to eliminate the fees for ZBA requests and the actual permit process. The ZBA fee is $125 and staff would expect only several cases for 5 or more persons a year. The permit fee is $25, and staff currently are up to 25-30 permits per year. The Planning and Zoning Commission recommended this change to the Code by a vote of 6-1. The staff supports the recommendation of the P&Z Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9692 as recommended by staff. Motion carried: 5 Yeas; 2 Nays --Mayor Pro Tern Neugebauer and Councilmember Ince. (23.) Consider Resolution #4420 authorizing the City Manager to approve an application for a State administered Federally funded grant for the continuation of the South Plains Regional Narcotics Task Force. RESOLUTION #4420 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and related documents for State and Federal Assistance for the South Plains Regional Narcotics Task Force and that the City Council hereby agrees to a cash match of $112,998.00 from the City to fund 34% of the Project, as required by the State of Texas in order to be eligible to receive such State and Federal Assistance. Passed by the City Council this 10th day of March, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carrol G. Bartley Carrol G. Bartley, Acting Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Application for State or Federal Assistance (Office of the Governor, Criminal Justice Division) is filed with Resolution No. 4420. MARCH 10, 1994 Page 156 Bill Townley, Captain of Narcotics Division, presented staff comments. The grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 340,000 people located in 11 counties. Illegal narcotic trafficking is a regional program requiring regional coordination. The citizens of the 11 county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the 11 county region. The South Plains Regional Narcotics Task Force currently consists of six Lubbock police officers. Two of these officers work in conjunction with other agencies throughout the region on gang narcotics activity. While these officers work on gang related narcotics activity, their duties are not limited to this function. They will also assist the remaining four members of the Task Force who concentrate on general narcotic activity within the South Plains Region. Further, the Task Force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. The unit would also lend investigative support to local jurisdictions. The grant application is to be received by the Governor's Office, Criminal Justice Division, no later than 5 p.m. March 15, 1994. Awards for the grant have been set for June 1, 1994. The total request for funding is $332,348 with the City's contribution being $112,998. This is the required 34 percent match for the total grant and will come from our seized asset funds. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Agreement with the City of Lubbock. Staff recommended approval. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4420 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) Consider a resolution authorizing the Mayor to sign a contract between the City of Lubbock and MWM Architects, Inc. for professional architectural and engineering services related to the Branch Library Development Plan. This item was deleted from the agenda. (25.) Consider Resolution #4421 giving notice of intent to enter into a Tax Abatement Agreement with Town and Country Food Stores. RESOLUTION #4421 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Town & Country Food Stores, Inc.; and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: MARCH 10, 1994 Page 157 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Town & Country Food Stores, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in Lot 2, Cogburn Addition, Lubbock County, Texas. Passed by the City Council this 10th day of March, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Relations/ Economic Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Rod Ellis, Director of Business Development Services, presented staff comments. Town and Country Food Stores has made application for commercial tax abatement in the South Enterprise Zone. The company will build a new convenience food store with gas pumps at 806 34th Street and create 12 to 15 new, jobs within a 12-month period. The estimated construction cost for the new location is $355,000 and the land cost was $250,000. The term for the request for abatement is five years at 100 percent of eligible property. Estimated completion time for the new store is 90 days. Staff recommended approval of the contract for tax abatement. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4421 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Consider order and Resolution #4422 adopting the final electric rates for Southwestern Public Service. RESOLUTION #4422 AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK SITTING AS A REGULATORY AUTHORITY PURSUANT TO VERNON'S ANN.CIV.STAT., ART. 1446c, WITH REGARD TO A RATE CHANGE APPLICATION FILED BY SOUTHWESTERN PUBLIC SERVICE COMPANY ("SOUTHWESTERN") WITH THE CITY. WHEREAS, Southwestern has heretofore filed a Statement of Intent to change rates for residential, commercial, industrial, and other retail customers for usage on and after October 15, 1993; and MARCH 10, 1994 Page 158 WHEREAS, such proposed change will result in an overall reduction in electric rates of two and nine tenths percent (2.9%) for the customers of Southwestern; and WHEREAS, such proposed change is not a major change requiring a public hearing under the provisions of Vernon's Ann.Civ.Stat., Art. 1446c; and WHEREAS, the City Council has previously implemented the proposed rates on an interim basis pending a final resolution of Southwestern's rate case, Docket No. 11520, at the Public Utility Commission of Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, pursuant to the provisions of Vernon's Ann.Civ.Stat., Art. 1446c, it is ordered that Southwestern's proposed schedule of electric rates previously implemented on an interim basis, which are reflected on the tariffs and schedules attached to its original Application for Interim Rate Change, be made permanent. Passed by the City Council this 10th day of March, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary A copy of the Supplemental Application for Permanent Rate Change is filed with Resolution No. 4422. At 11:13 A.M., the City Council recessed the regular City Council meeting and convened as a regulatory body for consideration of this item. J. Robert Massengale, Assistant City Manager, presented staff comments. Southwestern Public Service Company requested interim rates earlier this fall. These interim rates were approved by the City Council on October 15, 1993. Southwestern has submitted a request to make these rates permanent. A copy of the request by SPS was given to the Council. The rates which will be made permanent represent a 2.9 percent decrease and have been approved by the PUC. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution #4422 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. At 11:15 A.M., the Council reconvened the regular City Council meeting. (29.) Consider Resolution #4423 confirming the benefits of appointed City Council officers. RESOLUTION #4423 WHEREAS, the City Council is required by the City Charter to appoint certain officers of the City of Lubbock; and WHEREAS, the City Manager is required to prepare a budget and provide for the employment of all other employees of the City of Lubbock; and MARCH 10, 1994 Page 159 WHEREAS, it is the opinion of the City Council that it would be helpful to establish a policy with regard to the status of the employees appointed directly by the City Council with regard to City of Lubbock personnel policy, salary administration and other routine matters; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT such officers as are directly appointed by the City Council, including the City Manager, City Attorney and City Secretary shall have the benefits and responsibilities of City employment as set out in all City of Lubbock personnel policies, salary administration and other policies except such matters as may be specifically established for such officers directly by the City Council; and THAT a copy of the most recent P-2 form stating salaries and benefits for the City Manager, City Attorney and City Secretary are incorporated herein by reference for all intents and purposes. Passed by the City Council this 10th day of March, 1994 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary John C. Ross, Jr., City Attorney, presented staff comments. The Charter authorizes the City Council to appoint three officers of the City to -wit: the City Manager, City Attorney, and City Secretary. Historically, these officers have received the same benefits as other city employees and Resolution #4423 is merely to confirm that historical practice in relation to the three officers above mentioned. Resolution #4423 authorizes the Council to establish any specific policies as to these officers that they may desire and confirms the historical practice of establishing salaries and benefits for these officers by a P-2 form filed by the Per- sonnel Department. Staff feels this is a proper housekeeping matter and recommended its passage. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4423 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1). to discuss personnel matters (Municipal Court Judge). (28.) Consider Resolution #4424 setting the salary for the Municipal Court Judge. RESOLUTION #4424 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to establish a salary for the upcoming term of office of the judge of Division One of the Lubbock Municipal Court; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the annual salary for the judge of the Municipal Court of Record for the 1994-1996 term of office shall be as follows: JUDGE, DIVISION ONE: $61,900.00, ANNUAL SALARY MARCH 10, 1994 Page 160 Passed by the City Council this 1 Oth day of March, 1994. /s/ David R. Lan sg ton 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 The City Council sets the salary for the position of Municipal Court Presiding Judge, prior to each general election in May. The Municipal Court Judge is elected for a two-year term The current salary for the presiding judge position is $61,900. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to authorize no change in the current salary, and to authorize Resolution #4424. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince and Councilmember Cooke were absent from the chambers. (30.) Hold an executive session, in accordance with V.T.C.A. Government Code, r Section 551.074 (a)(1), to confirm appointment of Chief of Police and take Lappropriate action. RESOLUTION #4425 WHEREAS, Section 143.013 of the Local Government Code requires appointment of the head of a civil service department of a municipality to be made by the municipality's chief executive and confirmed by the municipality's governing body; and WHEREAS, the City Manager of the City of Lubbock has appointed a police chief for the City of Lubbock to fill the vacancy created by the retirement of Chief Don Bridgers; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby confirms the appointment of Ken Walker as police chief of the City of Lubbock. Passed by the City Council this 1 Oth day of March, 1994. /s/ David R. Lan sg ton 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 MARCH 10, 1994 Page 161 Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4425, confirming Ken Walker as Chief of Police. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince and Councilmember Cooke were absent from the chambers. (31.) Hold an executive session, in accordance with V-T,C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters (City Manager). (32.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551 072, to discuss purchase and value of real property (Streets and Right -of -Way). (33.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 (1)(A), to discuss pending or contemplated litigation (Water Utilities). (34.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matter regarding duties, responsibilities, and/or appointments to: Keep Lubbock Beautiful Advisory Committee Human Relations Commission Park and Recreation Board Zoning Board of Adjustment New Landfill Permit Citizens Advisory Task Force "Goals for Lubbock: A Vision Into the 21st Century" It was consensus of Council to hold this item for a future agenda. (35.) Consider four appointments to the Keep Lubbock Beautiful Advisory Committee to fill the unexpired terms of Nancy Badlev, Matt Malouf, Harry Hays and Mark Ivey, who have resigned. It was consensus of Council to hold this item for a future agenda. (36.) Consider one appointment to the Human Relations Commission to fill the unexpired term of Carmen Neely, who has resigned. It was consensus of Council to hold this item for a future agenda. (37.) Consider three appointments to the Park and Recreation Board to replace Alice Moreno Kerr, Joe May, and Anna Jenkin, whose terms will expire. It was consensus of Council to hold this item for a future agenda. (38.) Consider two appointments to the Zoning Board of Adjustment to replace Ken Flagg and Robert Sanders, whose terms have expired. It was consensus of Council to hold this item for a future agenda. (39.) Consider eleven appointments to the ad hoc New Landfill Permit Citizens Advisory Task Force. It was consensus of Council to hold this item for a future agenda. MARCH 10, 1994 Page 162 (40.) Consider appointment of a Chairman of the "Goals for Lubbock: A Vision Into the 21st Century" Committee by the Mayor, subcommittee chairman and ten members for each of the goals subcommittees of Economic Development; Education; Health, Safety and Human Services; Intergovernmental Coordination; Land Use and Urban Design; Neighborhood and Citizen Involvement; Recreation, Parks, Entertainment and Cultural Affairs; Transportation; and Utilities. It was consensus of Council to hold this item for a future agenda. There being no further business to come before Council, motion was made by Councilmember Patterson, seconded b cilmember Aderton to adjourn the meeting at 2:05 P.M. Motion carried: 5 Ye , 0 Nays-- ncilmem and Cou^ ember Cooke were absent from the cha ers. VID R. LANGSTON, WY ATTEST: Betty A Johnson, tity Secretary Read and approved this the 24th dak of March, VID R. rANGSTON, "YOR ATTEST: /�" q., , etty A Johnson, tity Secretary