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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/24/1994MARCH 24, 1994 Page 163 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 24, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 24th 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 10:33 A.M. ( 1.) The Invocation was given by Jim Bertram, Managing Director of Strategic Planning. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Mark Grigg, 4901 13th Street, appeared to request the installation of a 4- way stop at the intersection of Vicksburg Avenue and 13th Street. At their regular meeting on March 8, 1994, the Citizens Traffic Commission (CTC) voted to recommend installation of 30 MPH speed signs and additional pedestrian crossing signs to help alleviate reported traffic problems on Vicksburg Avenue and at the intersection of Vicksburg Avenue and 13th Street. The problems were reported by Mr. Mark Grigg who lives on one of the corners. His concerns were heightened by a recent traffic accident, which resulted in a fatality, at the intersection of 13th Street and Vicksburg Avenue. However, Mr. Grigg has also requested the installation of a 4-way stop which the CTC did not vote to recommend for installation. The rejection of the 4- way stop installation was recommended by the Traffic Engineering staff. Staffs recommendation was made on the basis that the conditions required by the Texas Manual of Uniform Traffic Control Devices are not met. The condition is that 500 vehicles need to be present for any eight 1-hour periods of a typical 24-hour period. It was found that during no hours were there 500 vehicles present. The 24-hour total volume was 3,340 vehicles. Also, the manual requires that stop signs should not be used for speed control, and speeding was a concern expressed by Mr. Grigg. Mr. Van Cook, Traffic Signal Engineering Supervisor, defended the CTC's recommendation against installing a 4-way stop. This action was recommended in accordance with the Texas Manual on Uniform Traffic Control Devices. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to overrule the decision of the CTC regarding the 4-way stop. Motion carried: 7 Yeas; 0 Nays. ( 4.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the March 10, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. MARCH 24, 1994 Page 164 (5.) Consider Resolution #4426 authorizing the Mayor to execute a tax abate- ment agreement with Town and Country Food Stores. RESOLUTION #4426 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 Town & Country Food Stores, 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 24th 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/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Agreement between the City of Lubbock and Town & Country Food Stores, Inc. is filed with Resolution No. 4426. On March 10, 1994, Council approved Resolution #4421, giving notice of intent to enter into a tax abatement agreement with Town and Country Food Stores. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4426 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 6.) ORDINANCE #9688--Abandoning and closing a 20-foot underground utility and garbage 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 TRACTS B AND C, KING'S 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 MARCH 24, 1994 Page 165 ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9688 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) ORDINANCE #9689--Ratifying Resolution #3869 and amending Section 26-22, Subsection (B)(2) of the Code of Ordinances of the City of Lubbock with regard to allocation of the debt service portion of the Hotel Occupancy 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. No action was taken. ( 8.) ORDINANCE #9690--Zone Case #2722 (1318 Harvard)--Repuest 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. 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. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9690 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) ORDINANCE #9691--Zone Case #2723 (4933 Brownfield Highway)-- Reauest of J. Louis Murfee (for J. T. Talkington) for a zoning change from C-3 to IHC on Lot G. Bender Center Addition. 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. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9691 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MARCH 24, 1994 Page 166 (11.) ORDINANCE #9629--Abandoning and closing a portion of Weber Drive, East 25th Street, East 26th Street, Oak Avenue, East 27th Street, East 28th Street, East 29th Street, and a 15-foot alley in the Coronado Addition (2601 Weber Drive). ORDINANCE #9629 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF STREETS AND AN ALLEY LOCATED IN SECTION 5, BLOCK B OF 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 Ince to pass on second and final reading Ordinance #9629 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) ORDINANCE #9631--Abandoning and closing a 20-foot underground utility easement located in the All Saints Addition (103rd Street and Hartford Avenue). ORDINANCE #9631 AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN ALL SAINTS 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 Ince to pass on second and final reading Ordinance #9631 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) ORDINANCE #9545--Zone Case #2690--Reauest off the table (located between West Loop 289 and Iola, north of 26th Street). ORDINANCE #9545 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2690; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A TRACT OUT OF SECTION 44, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The City Council tabled this request in August 1992 at the request of the proponent. Another potential apartment project is under contract on the property and the original proponent has given approval for the zone case to be read for the second time. The conditions attached du, :,,g the public hearing are acceptable to the new proponent: 100 foot setback from Iola. 2. Full width paving of 26th Street. The staff supported bringing this item off the table for second reading. MARCH 24, 1994 Page 167 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9545 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution #4427 authorizing the Mayor to sign a street and alley -use license for a building encroachment with Dollar Deals, Inc. (804 8th Street). RESOLUTION #4427 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Dollar Deals, Inc. for a building encroachment on a portion of 8th Street and an adjacent alley, 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 24th 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/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney The Street Use License between the City of Lubbock and Dollar Deals, Inc. is filed with Resolution No. 4427. This street and alley -use license is for an existing building encroachment on a 1.3-foot area along the north side of the 800 Block of 8th Street and a 1.2-foot building and fence encroachment on the east side of the north -south alley north of 8th Street adjacent to Lots 11-17, Block 57, Original Town Additional. The area of the alley encroachment is 1.20 feet x 183.30 feet or 219.96 sq. ft. and the area of the street encroachment is 1.30 feet by 125.00 feet or 162.5 sq. ft. for a total sq. ft. encroachment of 382.46 sq. ft. The cost of this license is the $50 minimum per year or $250 for the first five years. The length of term for the license is 20 years, renewable every five years. The $150 application fee has been paid and no utility problems are seen. The Right -of -Way Department recommended approval of this street and alley - use license. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4427 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MARCH 24, 1994 Page 168 (15.) Consider Resolution #4428 authorizing the Mayor to execute an access easement with Midway Development Company. Inc. (Lubbock Inter- national Airport). RESOLUTION #4428 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Access Easement, 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 24th 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/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney A copy of the Access Easement between the City of Lubbock and Midway Development Company, Inc. is filed with Resolution No. 4428. On July 22, 1993, the City of Lubbock entered into a lease with the Midway Company to lease a 1.96 acre tract of land for an Airborne Express airport freight facility. This tract of land lies just east of North I-27 and north of the old airport terminal. Midway is in the final stages of planning and their loan company has requested title insurance for their construction loan. This access easement allows them access across City property to reach their 1.96 acre tract of land and will satisfy the title company's requirements. The Right -of -Way Department recommended approval of this access easement to the Midway Development Company, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4428 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MARCH 24, 1994 Page 169 (16.) Consider Resolution #4429 authorizing the Mayor to execute a lease agreement between the City of Lubbock and the United States Customs Service for office space. RESOLUTION #4429 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 Lease Agreement with the United States of America, U. S. Customs Service, for 648 square feet of office space in the Executive Terminal Building at Lubbock International Airport, 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 24th 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/ Jim Newsome Jim Newsome, Acting Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease Agreement with the United States of America, U.S. Customs Service is filed with Resolution No. 4429. This lease will renew the previous year-to-year lease the airport has had with the Customs Service since 1980. It covers approximately 648 square feet of office space in the Executive Terminal Building at $1.00 per year. Maintaining the customs service on the airport allows the airport to maintain its designation as an international airport. The term and conditions of this lease have not changed. At the March 16 meeting of the Airport Board, the Board unanimously recommended this item to the City Council for approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4429 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) BID #12769--Tires and Tubes -Annual Pricing (Fleet Services.) A to Z Battery--10 ea. Tire, 7.60-15 SL 6 Ply, I-1 Implement; 6 ea. Tire, 14L- 16, 1 SL 6 Ply, TL, F-2 Tractor Front; 10 ea. Tire, 9.5L-14 SL 4 Ply, TT, I-1 Implement; 6 ea. Tire, 14.00-24 12 Ply, TL, G-2 Grader; 6 ea. Tire, 20, 8 R42 10 Ply, TT, R-1 Tractor Radial; 40 ea. Tire, 10.00-20 12/F, TT Hwy Bias; 10 ea. Tire, 16.9-24 10 Ply, TL, R-4 Industrial Lug; 10 ea. Tire, 6.00-16 SL 6 Ply, TT, F-2 Tractor Front; 20 ea. Tire, 11.00R20 14/G, TT Hwy Radial; 20 ea. Tire, FI85/75R14 Black Wall All Season Steel Radial; 10 ea. Tire, R205- 75R15 Black Wall All Season Steel Radial; 20 ea. Tire, P225/75R15 White MARCH 24, 1994 Page 170 Wall All Season Steel Radial; 200 ea. Tire, P225/70HR 15 Pursuit, Black Wall Steel Radial; 10 ea. Tire, 9.5L-15 SL 6 Play, I-1 Implement; 20 ea. Tire, 11 L- 15 8 Ply, SL, TT I-1 Implement, 10 ea. Tire, 1 I L-16 10 Ply, TL F-3 Contractor; 50 ea. Tube, 9.00-20; 10 ea. Tube, 11.00 R20 Radial; 200 ea. Tube, 10.00 R20 Radial; 20 ea. Tube, 7.50-20; 50 ea. Tube, 13.00/14.00-24 Grader; 10 ea. Tube, 5.70-8 Industrial NHS; 10 ea. Tube, I IL-15/16 SL Bias; 20 ea. Tube, 4.8/400-12 Trailer Hwy Service; 10 ea. Tube, 4.8/400-8 Industrial NHS; 10 ea. Tire, I IL-16 SL 8 Ply, TT I-1 Implement; 10 ea. Tire, 13.00-24 12 Ply G-2, TT Grader; 4 ea. Tire, 17.5-25 12 Ply, TL, G-2 Loader/Dozer; 20 ea. Tire, 7.50R16 12 Ply, TT Hwy Radial; 20 ea. Tube, 7.0/7.50R16 TR-150 Radial; 10 ea. Tire, 12.00-20 14 Ply, TT Hwy Bias; 200 ea. Tire, P235-70HR15 Pursuit Steel Radial Black Wall; 6 ea. Tire, 11.00-16 8 Ply, TT, F-2 Tractor Front. McWhorter's Inc.--6 ea. Tire, 10.00-16SL 6 Ply, TT, F-2 Tractor Front; 8 ea. Tire, 18.4-26 8 Ply, TT, R-I Tractor Rear; 10 ea. Tire, 8.75-16.5 8 Ply, TL Hwy, Bias; 6 ea. Tire, 20.8 R34 8 Ply, TT, R-1 Tractor Radial; 20 ea. Tire, 8.75-16.5 8 Ply, TL Hwy Bias; 10 ea. Tire, 315-80R-22-5 14/G, TL Hwy; 20 ea. Tire, 8.75-16.5 8 Ply, TL Mud & Snow Bias; 200 ea. Tire, P235/75R 15 White Wall All Season Steel Radial; 10 ea. Tire, P195-75R14 Black Wall All Season Steel Radial; 20 ea. Tire, I LOOR20 14G, TT Mud & Snow Radial; 20 ea. Tire, P205/75R14 All Season Steel Radial; 30 ea. Tire LT235/75R15 6/C, TL Hwy Radial; 10 ea. Tire, 7.50-16 8 Ply, TL Mud & Snow Bias, 10 ea. Tire, LT235/85R16 1O/E, TL Hwy Radial; 20 ea. Tire, LT235/85R16 8 Ply, TL Mud & Snow Radial; 10 ea. Tube, 14.9-24; 10 ea. Tube, 11.00-16SL; 10 ea. Tire, 9.00-20 TT Bias Hwy 14F; 20 ea. Tire, 14.9-24 6 Ply, R-1, TT Tractor Rear; 10 ea. Tube, 17.5-25 Bias Loader; 30 ea. Tire, LT 225/75R16 6 Ply, TL Mud & Snow Traction; 6 ea. Tire, 8R19.5TL 8 Ply Hwy Radial; 6 ea. Tire, 8R19.5 12 Ply, TL Mud & Snow Radial; 30 ea. Tire, LT 245/75R16 10 Ply TL Mud & Snow Radial; 6 ea. Tire, 8-19.5 8 Ply, TL Mud & Snow. D & L Wholesale Tires--4 ea. Tire, 20.5-25 12 Ply, TL, G-2 Loader/Dozer; 6 ea. Tire, 18AR34 8 Ply, TT, R-1 Tractor Radial; 6 ea. Tire, 20.8R38 8 Ply, TT Tractor Radial; 20 ea. Tire, 7.50R16 8/0, TL Hwy Radial; 10 ea. Tire, 14.00 x 24 12 Ply, TT Hwy Bias; 10 ea. Tire, 4.80012 TL, 4 Ply, Rib. Performance Tire--10 ea. Tire, P215-75R15 All Season Steel Radial; 10 ea. Tire, P225-75R15 Black Wall All Season Steel Radial; 10. ea. Tube, 20.5-25 Bias Loader. Woody Tire Company--10 ea. Tire, 10.00R20 14/G, TT Hwy Radial; 40 ea. Tire, 9.00-20 10/E, TT Hwy Bias; 100 ea. Tire, 10.00-20 12/F, TT Mud & Snow Traction; 10 ea. Tire, 11.00-20 12/F, TT Hwy Bias; 30 ea. Tire, 9.0OR20 12/17, TT Hwy Radial; 10 ea. Tire, LT215/85R16 8 Ply, TL Hwy Radial; 120 ea. Tube, 7.50-16, TR150; 10 ea. Tube, 6.00-16; 10 ea. Tube, 7.00/7.50-15LT; 10 ea. Tire, 11.00-20 12 Ply, TT Mud & Snow Bias; 10 ea. Tire, 30 x 9.5R15 6 Ply, Steel All Season Radial; 20 ea. Tire, I IR22.5TL 14 Ply Hwy Radial; 30 ea. Tire, I IR22.5TL 14 Ply Mud & Snow Radial; 10 ea. Tire, 235/8OR22.5 14 Ply, TL Hwy Radial; 10 ea. Tube, 12.00-20 Bias; 6 ea. Tire, 8-19.5 8 Ply, TL Hwy; 4 ea. Tire, 29.5R35 E-3 Earthmover; 10 ea. Tire, 255/8OR22.5 14 Ply, TL Hwy Radial; 10 ea. Tire, 255/8OR22.5 14 Ply, TL Mud & Snow Radial. Graves Harley Davidson BMW--20 ea. Tire, MM90 x 19 Police Pursuit Motorcycle Front; 20 ea. Tire, MT90 x 16 Police Pursuit-D Motorcycle Rear. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MARCH 24, 1994 Page 171 (18.) BID #12848--Paper-Annual Pricing (Print Sho Dixon Paper Company-44 M 110#, Index White 8 1/2 x 11; 5 M 110#, Index Assorted 8 1/2 x 11)- 600 M 20#, White Three Hole Punch 8 1/2 x 11; 4 M Clasp Envelopes 6 x 9, 28# Kraft; 10 M 24#, 11 x 17 25% Cotton, White; 10 M Neenah Bond Paper 8 1/2 x 11 25% Cotton, Bond 24#; 3 M White Bond Paper 8 1/2 x 14 25% Cotton, 24#. Butler Paper Company-400 M 20#, Assorted Colors 8 1/2 x 11; 6 M 20#, Assorted Colors 8 1/2 x 14; 30 M 209, White, Continuous 9 1/2 x 11 Clean Micro Perf, 20 M 18#, White 1/2" Greenbar 14 7/8 x 11; 20 M 18#, White, 1/2" Greenbar 14 7/8 x 8 1/2; 20 M Two Part, Carbonless 9 1/2 x 11 White/Canary; 2 M Interoffice Mail Envelopes 10 x 13; 100 RL Fax Paper 8 1/2 x 328; 30 RL Fax paper 8 1/2 x 96'. Graphic Equipment and Supply--110 M 19#, Carbonless 8 1/2 x 11, Two Part Reverse Sequence; 110 M 19#, Carbonless 8 1/2 x 11, Three Part Reverse Sequence; 60 M 19#, Carbonless 8 1/2 x 11, Fourt Part Reverse Sequence; 30 M 19#, Carbonless 11 x 17, Two Part Reverse Sequence; 30 M 19 #, Carbonless 11 x 17, Three Part Reverse Sequence; 20 M 19#, Carbon 11 x 17, Four Part Reverse Sequence. Hester's Office Center-4 M Clasp Envelopes 10 x 15, 28# Kraft; 3 M Clasp Envelopes 12 x 15 1/2, 28# Kraft; 10 M Clasp Envelopes 9 x 12, 28# Kraft; 10 M Clasp Envelopes 7 x 10, 28# Kraft; 15 M # 10 Regular, White Wove 24# Envelopes. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) BID #12853--Agricultural Seed -Annual Pricing (Land Application Site), McCormick Seeds, Inc.--1,000 lb. Grass Seed; 7,500 lb. Alfalfa Seed. Richardson Seeds of Lubbock--300,000 lb. Tritcale Seed; 5,000 lb. Oat Seed; 150,000 lb. Hay Grazer Seed. Seedco--150,000 lb. Hay Grazer Seed; 12,000 lb. Cowpea Seed. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) BID #12855--Aerial Chemical Applications -Annual Pricing (Land Application Site). Pro -Agri Spraying --Aerial Application. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MARCH 24, 1994 Page 172 (21.) BID #12861--Charles A. Guy Jogging Track, and authorize same (Park Development). RESOLUTION #4430 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 Craze Construction, Inc., of Lubbock to furnish and install all materials as bid for the Charles A. Guy Jogging Track 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 24th 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/ Linda L. Chamales Linda L. Chamales Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24th 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 Craze Construction, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the cony ---::action of certain improvements described as follows: BID NO. 12861 -- Charles A. Guy Jogging Track in the amount of $77,289.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. MARCH 24, 1994 Page 173 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: (OWNER) /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Russell Howard APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Shirley Craze Corporate Secretary CITY OF LUBBOCK, TEXAS /s/ David R. Langston Mayor CONTRACTOR: CRAZE CONSTRUCTION, INC. By: /s/ Bob Craze Title: President COMPLETE ADDRESS: 3808 97th Lubbock, Texas 79423 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4430 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) BID #12902--Emergency Procurement of LM2500 Turbine Repair Parts (Electric Production). Stewart & Stevenson --Emergency Procurement of LM2500 Turbine Repair Parts. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) BID #12905--Emergency Procurement of LM2500 Gas Turbine Midframe (Electric Production). Stewart & Stevenson --Emergency Procurement of LM2500 Gas Turbine Midframe. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MARCH 24, 1994 Page 174 (24.) BID #7647--Copy Paper -Annual Pricing (Print Shop). Carpenter Paper Co.--2,000 CS Copy Paper 8.5 x 11, 20#; 60 CS Copy Paper 8.5 x 14, 20#; 60 CS Copy Paper 11 x 17, 20# Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) ORDINANCE #9692--Eliminating the requirement of the payment of anv 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. This item was removed from consent agenda. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9692 as recommended by staff. Motion carried: 5 Yeas; 2 Nays --Mayor Pro Tern Neugebauer and Councilmember Ince. (29.) ZONE CASE NO. 1153-L (3602 Slide Road Space B-25)--Request of Lionel Perez (for Journe's End) for a zoning change from C-3 to IHC limited to a night club and all C-3 permitted uses on a portion of Lot B, Security Park Development Addition. Mayor Langston opened the public hearing at 11:05 A.M. Mr. Seymour, representing Lionel Perez, requested that the public hearing be continued until the April 28 City Council meeting. Because witnesses in opposition to the zoning change were in attendance, it was the consensus of Council to hear testimony of the opponents, recess the public hearing until April 28, and hear the proponents testimony at that time. The following people appeared in opposition to the zoning change: Vicki Parrish, tenant at Security Park; Larry Tester, managing agent for City Bank building adjacent to Security Park; Lloyd Hidrick, lessee in Security Park; Carl Walker, managing company for Security Park; Dale Webster, pastor of church adjoining Security Park. Randy Henson, Senior Planner, presented staff comments. The change request is to convert the operation of an existing game room, approved by the ZBA as a conditional use, to a game room with an alcoholic beverage permit. Within the Code, the business would be defined as a night club, bar or lounge. The proponent indicates that he does not wish to operate a Zoning Code defined restaurant with a liquor permit, which he could do in the existing C-3 zoning. There is an issue between the shopping center owner and the tenant regarding lease conditions. The owner of a piece of property is not the only party that can request a zone change for that particular property. In this instance, the MARCH 24, 1994 Page 175 zone change is filed on a portion of the shopping center structure and parking lot by the tenant. The opposition included the property manager representing the owner of the center and a tenant who presented a petition bearing signatures from many other tenants in opposition. A third person in opposition was a citizen some distance from the location who objects to bars in general. A first motion to deny failed 2-4, the second motion to approve was 4-2. The company listed on the current certified tax roll as owner of the shopping center submitted a letter of opposition representing more than 20 percent of the land in the notice area. For the Council to approve the request, a positive vote of six members will be required. Adjacent land uses are commercial in all directions. The Comprehensive Land Use Plan provides two guidelines for consideration of cases: A. Heavy commercial should be located on regional thoroughfares or expressways. Brownfield Highway meets that definition. B. Zone change requests are subject to a test of whether the change will benefit or compliment existing and proposed land use patterns in the immediate area. Several opinions exist: The current C-4 requirement restricts bars or night clubs to heavy C-4 commercial locations, causing greater attendance at individual sites. Providing a greater number of locations might diminish the effect of the "in places". 2. The original premise of the 1975 Code revision was that the food service requirement of restaurants would temper the potential for rowdy or unruly behavior. The heavier bar atmosphere would be limited to the areas of town with heavy commercial or industrial zoning. The proposed zoning change should have little or no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request by a vote of 4-2 subject to the following condition: Limited to a night club and all unconditionally permitted C-3 uses. The Council should note that the level of opposition will require six affirmative votes of Council to approve this request. This public hearing is continued until the April 28th City Council Meeting at 10:30 A.M. MARCH 24, 1994 Page 176 (25.) ZONE CASE NO 2724 (4407 Clovis Road) --Request of Stephen P. Warren (for JRS Development) M-1 to M-2 Specific Use (for an auto salvag-e/wrecking- yard) on approximately 1.4 acres out of Section 14, Block A. ORDINANCE #9693 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2724; A ZONING CHANGE FROM M-1 TO M-2 SPECIFIC USE ZONING FOR AN AUTO SALVAGE/WRECKING YARD ON APPROXIMATELY 1.4 ACRES OUT OF SECTION 14, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:17 A.M. Stephen P. Warren appeared on behalf of JRS Development to present this request for zone change from M-1 to M-2 Specific Use. Nancy Gressett and Phoniel Pirtle appeared in opposition to the zoning change. Mayor Langston closed the public hearing at 11:26 A.M. Randy Henson, Senior Planner, presented staff comments. The proponent indicated the proposed use is not the stereotype "junk yard" from the past. Adjacent land uses: North - Clovis Road/industrial South - zoned T East - zoned T West - industrial This portion of the Clovis Highway is IDP on the Comprehensive Land Use Plan. The Specific Use section of the Zoning Code has 8 items subject to review during any zone change request for a salvage operations: Proper permits. 2. A six-foot screening fence around the yard. The proponent requests a condition allowing the installation of the solid fence either of metal or cyclone with plastic slats on the three open sides of the yard whenever the yard is used for storage. For an initial time, the operation will be entirely inside the structure. No display area in the front of the business is proposed. 3. The property will comply with the stacking guidelines (no higher than the fence). 4. Reasonable neatness on the lot. All signs will comply with the Code. 6. Drainage and inspection of the property allowed to appropriate personnel. 7. No advertising signs will be on any fence. The project should have no effect on traffic. MARCH 24, 1994 Page 177 As described, and with the conditions outlined on the site plan, the proposal should have little or no negative effect on the public if, as described, this business does not accumulate the stack lot full of scrap that is traditionally associated with salvage yards. The neighborhood opposition fears that his use will fall into the typical "junkyard" after several years. Staff requested consideration of the individual items noted on the site plan as a part of the site plan: delaying the fence until the yard is used for storage of vehicles, as well as allowing the choice between a metal screening fence or cyclone fence with plastic inserts. The Planning and Zoning Commission recommended approval of this request by a vote of 7-0 subject to the following conditions: Tied to site plan 2724 as presented to the Planning and Zoning Commission and signed by the Chairman on March 3, 1994. 2. The required screening fence around the outside storage yard shall be waived until the yard comes into use. 3. The required screening fence can be either chain link with plastic inserts or a metal fence. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Aderton, seconded by Councilmember Cooke to pass on first reading Ordinance #9694 with conditions recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. Now (26.) ZONE CASE NO.2725 (2602 Parkway Drive) --Request of Lloyd Croslin (for United Supermarkets) for a zoning change from R-1 Specific Use to C-3 (for a grocery store) on Lots A and B. Wilshire Park Addition. ORDINANCE #9694 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2725; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-3 ZONING ON LOTS A & B, WILSHIRE 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 11:34 A.M. Eddie Richardson and Blanchie Swisher appeared in support of the zone change. No one appeared in opposition. Mayor Langston closed the public hearing at 11:37 A.M. Randy Henson, Senior Planner, presented staff comments. The request is required because a motel that was demolished on this site was operating under an R-1 Specific Use zone case. Adjacent land uses: North - Parkway Drive South - duplex zoning East - commercial West - commercial MARCH 24, 1994 Page 178 The proposed is consistent with the Comprehensive Land Use Plan and zoning policy. The proposal should have little effect on the transp6rtation system. The Planning and Zoning Commission recommended this change to the Code by a vote of 7-0 subject to the following condition: 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. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9695 with conditions as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (27.) ZONE CASE NO 1490-N (5168 69th Street) --Request of Kimley-Horn and Associates (for Maclav Development Company) for a zoning change from C-4 with conditions to C-3 (for a shopping center) on the south 475 feet of Lots 1A and 2A. Fiesta Autoland Addition. ORDINANCE #9695 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-N; A ZONING CHANGE FROM C-4 WITH CONDITIONS TO C-3 ZONING ON THE SOUTH 475 FEET OF LOTS 1 A AND 2A, FIESTA AUTOLAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:38 A.M David Goyette appeared on behalf of Maclay Development Company to present this request for zone change from C-4 with conditions to C-3. No one appeared in opposition. Mayor Langston closed the public hearing at 11:40 A.M. Randy Henson, Senior Planner, presented staff comments. This land area was deleted from the previous zone change because of a failed attempt to acquire the property. Adjacent land uses: North - shopping center under construction South - commercial East - commercial West - *residential * Streets/Engineering is in the process of designing and bidding 69th Street west of Slide. Staff expects a commercial zone change on the land area north of the new street, west of Slide to Aberdeen. Staff has indicated support of such a request to the various owners conditioned on a unified proposal being made by all the owners. The request is consistent with both the Comprehensive Land Use Plan and Zoning Policy. The project will have the anticipated dramatic effect on Slide Road. The site plan notes one curb cut on Slide, which the staff strongly MARCH 24, 1994 Page 179 supports. The site plan also notes two pylon signs on Slide that are not permitted by Code and will not be considered as part of the approved site plan. The Planning and Zoning Commission recommended this change to the Code by a vote of 7-0 subject to the following condition: Tied to site plan 1490-N as presented to the Planning and Zoning Commission and signed by the Chairman on March 3, 1994. The staff recommended approval of this case. Approval tied to the site plan will remove a portion of the long discussed fence, adjacent to Slide Road. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance #9696 with conditions as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (28.) ZONE CASE NO.2727 (92nd Street and Slide Road)--Reauest of Jon Cieszinski (for Lakeridge Country Club) for a zoning change from R-1 Specific Use to R-1 Specific Use (for garden homes) on an 8.7 acre tract out of Section 15, Block E-2. ORDINANCE #9696 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2727; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON AN 8.7 ACRE TRACT OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING Mayor Langston opened the public hearing at 11:43 A.M. Mr. Cieszinski was unable to appear on behalf of Lakeridge Country Club to present this request for zone change from R-1 Specific Use to R-1 Specific Use (for garden homes). No one appeared in opposition. Mayor Langston closed the public hearing at 11:45 A.M. Randy Henson, Senior Planner, presented staff comments. The proposal will allow garden and townhomes in an area of the Lakeridge Planned Unit Development that specified apartments. Adjacent land uses: North - residential & golf course South - residential & golf course East - residential & golf course West - residential & golf course The request is consistent with the Comprehensive Land Use Policy and Zoning Policy. The request will have a minimal effect on traffic. The Planning and Zoning Commission recommended this change to the Code by a vote of 7-0. The staff supports the recommendation of the Planning and Zoning Commission. MARCH 24, 1994 Page 180 Motion was made by Councilmember Ince, seconded by Councilmember Aderton to pass on first reading Ordinance #9697 as recommended by P&Z . and City staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution #4431 supporting the preparation of an Enterprise Community grant to H.U.D. RESOLUTION #4431 WHEREAS, the Federal Government, has announced the Empowerment Zone and Enterprise Community (EZ/EC) program as a critical element of the Clinton/Gore Administration's community revitalization strategy; and WHEREAS, the Secretary of Housing and Urban Development will designate up to 65 Enterprise Communities to receive Federal grant funds, tax benefits, and to have access to other Federal programs; and WHEREAS, Lubbock has areas which meet eligibility criteria, in terms of population, area, poverty levels, and other indicators of distress; and WHEREAS, applying for designation as an Enterprise Community requires a detailed Strategic Plan for revitalization of and Enterprise Community area which requires close coordination and collaboration between City departments, other government agencies, service providers, private for profit and non-profit corporations, and affected citizens, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, all relevant City departments work closely with other government agencies, service providers, private for profit and non-profit corporations, and affected citizens to prepare a competitive application for designation as an Enterprise Community; and THAT, an acceptable and competitive grant application and Strategic Plan be prepared to submit to the Texas Department of Commerce and the Department of Housing and Urban Development, after review by the City Council on May 26, 1994; and THAT, creative and innovative partnerships for revitalization should be formed by stakeholders; and THAT, letters and resolutions of support for this application be provided by all other relevant stakeholders in the Enterprise area revitalization. Passed by the City Council this 24th 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 CONTFNTT- /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ John C. Ross. Jr. John C. Ross City Attorney MARCH 24, 1994 Page 181 Jim Bertram, Managing Director of Strategic Planning, presented staff comments. The City staff has previously held briefing sessions with Council on the EZ/EC grant application process. Staff has begun the process of involving other City departments, service providers, and affected citizens and citizen organizations. One of the guidelines in preparing the strategic plan for the Enterprise Community indicated a need to show evidence the agencies and stakeholders in the process were empowered to coordinate and collaborate to bring creative and innovative partnerships for revitalization to the table. If, as determined by Council, on May 26, 1994, staff should submit the EC grant application, it will strengthen our application to show that staff passed this resolution early in the process. Staff recommended approval. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #4431 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (31.) Consider a resolution approving the request for a chance for the start of the Community Development Block Grant Program year from June 1 to October 1 and authorizing the use of general revenue to cover 1994-1995 program costs for the four months (June, July, August, September) gap. This item was deleted from the agenda. (32.) Consider Resolution #4432 authorizing the Mayor to enter into an aareement with Knights of Columbus Council #3008 to host a Cinco de Mayo Festival at Buddy Holly Recreation Area that will include the sale and consumption of alcoholic beverages. ... RESOLUTION #4432 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 Temporary Parks License Agreement by and between the City of Lubbock and Knights of Columbus Council #3008 of Lubbock, which temporary agreement 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 24th 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/ Rusty Black Rusty Black, Park Maintenance Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney MARCH 24, 1994 Page 182 The Temporary Parks License Agreement between the City of Lubbock and the Knights of Columbus Council #3008 is filed with Resolution No. 4432. Rusty Black, Parks Superintendent, presented staff comments. In October 1993, the Parks and Recreation Department was approached by Knights of Columbus #3008 to host a two-day Cinco de Mayo Festival at the Buddy Holly Recreation Area, adjacent to Landwer Party House, on April 30-May 1, 1994. This request included the sale and consumption of alcoholic beverages. At the November 23, 1993, Park Board meeting, the request was unanimously approved by Park Board. At the February 17, 1994, Park Board meeting, the Board unanimously approved forwarding the request to the City Council. Guidelines and procedures have been developed to ensure that special concerts or events would fall under proper control, access, security, and management when alcohol is sold on this property. To ensure that this event will have proper security and other safeguards to provide an orderly event, the following are provided in the lease agreement. A. Restroom facilities - minimum of 30 B. First Aid Station - minimum of 2 C. Concessions - space for 30 ($200.00 per space to Knights of Columbus) D. Alcoholic Beverage Concessions - Maximum of 3 stands E. Litter Control by Knights of Columbus F. Security - 3 officers per 1,000 participants G. Parking - off -site parking South of concert site H. Liability Insurance - $1,000,000 by Knights of Columbus I. Bands by Knights of Columbus Promotion by Knights of Columbus K. Security Fencing by Knights of Columbus After considerable discussion and negotiation, the Knights agreed to $750/day as a set fee. Under this agreement, the City would make $1,500 from the festival, less minor expenses for electricity, dumpsters, and site preparation. The gate fee will be $3.00 on Saturday and $5.00 on Sunday. The charge will be for general admission. Children six and under are free. The resolution would allow the Mayor to enter into an agreement that will allow Knights of Columbus #3008 to sell alcoholic beverages during their Cinco de Mayo Family Festival. Staff and the Parks and Recreation Board recommended approval of this resolution as per agreement and policies. Motion was made by Councilmember Hernandez, seconded by Councilmember Aderton to authorize Resolution #4432 as recommended by staff. Motion carried: 6 Yeas; 1 Nay --Mayor Pro Tern Neugebauer. MARCH 24, 1994 Page 183 (33.) Consider Resolution #4433 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. RESOLUTION #4433 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement, attached herewith, by and between the City of Lubbock and Texas Tech University, and any associated documents, which Agreement 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 24th 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: L.. /s/ Vicki Kev Vicki Key, Acting Civic Centers Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Interlocal Agreement between the City of Lubbock and Texas Tech University is filed with Resolution No. 4433. Vicki Key, Interim Director of Civic Centers, presented staff comments. Resolution #4341 authorizing the Mayor to sign an agreement with Texas Tech University for the connection of the Municipal Coliseum to the University's underground utility system was presented and approved at the December 9, 1993, City Council meeting. Staff had recommended approval of the agreement, pending approval by the Texas Tech Board of Regents. The agreement was presented to the Texas Tech Board of Regents at their December 17, 1993, meeting. City staff was told prior to presenting the agreement to Council that all appropriate personnel with the University had reviewed the agreement and were satisfied with the content. Since obtaining approval from the Texas Tech Board of Regents, representa- tives from the University have proposed some wording changes to the agree- ment. These changes are not substantive and do not change the intent of the agreement. The majority of the changes are in terminology and changes in wording with regard to designated representatives. One clause was added in Exhibit "C" (Access Agreement) which provides for the tunnel and its components to revert to the University should the City decide to abandon or demolish the Coliseum. This particular provision is in line with the provision MARCH 24, 1994 Page 184 found in the original land conveyance. That resolution and associated docu- ment, which was executed in 1953, conveyed the land and provided easements for the construction of the Auditorium -Coliseum and also stated that the land, buildings located thereon, and the public easement shall revert to Texas Tech should the City permanently abandon the structure and tract of land designated for auditorium -coliseum purposes. Another clause in Exhibit "C" addresses the start date of the project and states that the agreement will be terminated if construction is not commenced within twelve (12) months of the date of the executed agreement. The same clause does, however, provide for the start date to be extended by mutual agreement. This Interlocal Agreement will provide for the option of connecting the Coliseum to the Texas Tech campus underground utility system, which has been determined to be the most cost effective method of providing chilled water for the Coliseum cooling system. Revisions as requested by Texas Tech representatives have been incorporated into the Agreement. The Agreement has been signed by an authorized University representative. It is staffs recommendation that this revised agreement be approved. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4433 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (34.) Consider Resolution #4434 authorizing the Mayor to sign a contract between the Texas Department of Health and the City of Lubbock for activities to help reduce the spread of human immunodeficiency virus - acquired immunodeficiency syndrome (HIV -AIDS). RESOLUTION #4434 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Texas Department of Health to provide HIV counseling services. Said Agreement is attached hereto and incorporated in this Ryesolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th 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/ Doug Goodman Doug Goodman, Director Health Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell Assistant City Attorney A copy of the Agreement with Texas Department of Health is filed with Resolution No. 4434. MARCH 24, 1994 Page 185 Doug Goodman, Health Director, presented staff comments. In the past this grant was included with all other Texas Department of Health grants. Because it is now coming from the federal government and the contract dates are January 1, 1994 through December 31, 1994, the State Health Department proposes a separate contract. By signing this grant the City agrees to conduct counseling, testing, referral, and partner elicitation/notification activities to an estimated 1,500 clients in the targeted population for Lubbock County. Since the City started keeping records pertaining to HIV/AIDS the Health Department has tested 11,215 individuals for HIV/AIDS and have identified 369 individuals who are HIV positive and 254 who have AIDS. At this time, 118 individuals have died from AIDS. The State has identified males who are homosexual, males who are bisexual, males and females who have multiple sex partners, persons with a history of sexually transmitted diseases and persons with a history of high risk behavior as the targeted population. Staff believes this is in the realm of services a health department should provide and recommended authorization. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize Resolution #4434 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Ince was absent from the Council Chambers. (35.) Consider Resolution #4435 authorizing a Ground -Lease agreement between the City of Lubbock and SOJO Treatment, L.C. for lease of land at the City of Lubbock Landfill for a temporary transfer facility to be operated by SOJO Treatment, L.C. kam" RESOLUTION #4435 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 Ground -Lease Agreement between the City of Lubbock and SOJO Treatment, L.C. for lease of land at the City of Lubbock Landfill for a temporary transfer facility to be operated by SOJO Treatment, L.C., which Agreement 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 24th 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/ Lee Ramirez Lee Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, City Attorney MARCH 24, 1994 Page 186 The Ground Lease Agreement between the City of Lubbock and Sojo Treatment, L.C. is filed with Resolution No. 4435. Lee Ramirez, Solid Waste Superintendent, presented staff comments. On October 9, 1993, the United States Environmental Protection Agency (EPA) regulations, 40 CFR 257 and 258, became effective. These regulations, along with state regulations, 30 TAC 330, mandated that "sludges, grease trap waste, grit trap waste, or liquid wastes from municipal sources can be accepted at a Type I municipal solid waste landfill for disposal only if the material ... is certified to contain no free liquids." Local grease and grit trap haulers would no longer be allowed to directly deposit the waste material at the City of Lubbock's Landfill without treatment and/or processing to remove all liquids. Prior to implementation of these regulations, a private waste processing company (SOJO Treatment, L.C.) requested and obtained a permit from the Texas Natural Resource Conservation Commission for a Type V processing facility. SOJO Treatment is actively pursuing construction of a processing facility in Lubbock, however, they have been unable to complete construction at this time. In order to continue to provide service to the waste transporters, the Solid Waste Department, on October 9, 1993, allowed SOJO Treatment to begin operating a temporary processing station at the City of Lubbock's Landfill. SOJO Treatment, L.C. intends to have an operational plant by August 1994. The term of the lease is five (5) months. The lease may be extended another two (2) months by the consent of both parties. SOJO will pay to the City of Lubbock $.01 per gallon of liquid waste received at the facility. The Solid Waste staff recommended approval of a ground -lease agreement between the City of Lubbock and SOJO Treatment, L.C. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4435 subject to verification by the City Attorney that SOJO has insurance coverage for spill mitigation. Motion carried: 7 Yeas; 0 Nays. (36.) Consider Resolution #4436 authorizing the Mayor to sign Supplemental Agreement No. 2 with HDR Engineering, Inc., for Landfill Site Selection and Permitting. RESOLUTION #4436 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 Supplemental Agreement No. 2 to the City of Lubbock Landfill Site Selection and Permitting Agreement dated October 1992, between the City of Lubbock and HDR Engineering, Inc., appointing an Owner's Representative as part of the engineering services contract for the permitting activities of the new landfill site, which Agreement 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 if fully copied herein in detail. MARCH 24, 1994 Page 187 Passed by the City Council this 24th 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/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ John C. Ross John C. Ross, City Attorney Supplement No. 2 to the Agreement dated October 8, 1992 between City of Lubbock and HDR Engineering for Professional Engineering Services for the Landfill Site Selection and Permitting Agreement is filed with Resolution No. 4436. Lee Ramirez, Solid Waste Superintendent, presented staff comments. Council authorized the Mayor to execute the City of Lubbock-HDR-Landfill Site Selection and Permitting Agreement on October 8, 1992. This agreement authorized HDR to provide engineering services for Landfill Site Selection. Council further authorized the Mayor to execute Supplemental Agreement No. 1 with HDR Engineering for engineering services associated with permitting activities for the new landfill site on December 9, 1993. The Notice to Proceed was issued to HDR Engineering on January 3, 1994. Provisions in the agreement require that the Owner, the City of Lubbock, approve certain contractual arrangements. For example, Article 22- Subcontractors requires that HDR obtain the City's approval before subcontracting elements of the job. This provision necessitated that the issue of approving subcontractors go before Council on February 24, 1994. To avoid having to take all such issues to Council, staff recommended that the Council appoint the City Manager or his designee, as the Owner's representative for this agreement. Such an appointment can be made via Supplemental Agreement No. 2 to the contract. Staff recommended that Council authorize the Mayor to sign Supplemental Agreement No. 2 to City of Lubbock Landfill Site Selection and Permitting Agreement. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4436 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (40.) BID #12787--Refuse Collection bodies (Fleet Services). Victor Kilman, Purchasing Manager, presented staff comments. This item is to consider bids for 14 refuse collection bodies for the Solid Waste Department. This bid is not on the consent agenda due to patent infringement dispute between the low bidder and another bidder. Southwestern Equipment of Lubbock was the lowest bidder utilizing a body manufactured by Central Tank of Oklahoma. The next low bid was from Davis MARCH 24, 1994 Page 188 Truck and Equipment out of Dallas. The third and highest bid was from EMCO Industries located in Plainview. The issue is a patent infringement suit by EMCO against Central Tank of Oklahoma regarding the hydraulic lifting device on the Central Tank body. A suit has been filed by EMCO in Oklahoma and the City has received notification of this suit by EMCO's attorney. Central Tank has informed the City that they do not feel the patent has been infringed and are currently defending this lawsuit. They provided an indemnity agreement in which Central Tank promises to defend and hold harmless the City against all claims relating to the suit by EMCO. Central Tank also provided an agreement to retrofit their collection bodies with a non -infringing device in the event that an injunction is placed on the City for use of the lifting device on the Central Tank body. Purchasing the Central Tank body through Southwestern Equipment Company would cost $70, $140 less than going with the next low bid from Davis Truck and Equipment. As mentioned before, EMCO was the highest of the three bids. The City Attorney is concerned about the potential cost of a patent infringement suit and subsequent damages assessed against the City for knowingly purchasing equipment claimed to be in violation of an in -force patent. Patent suits can be very expensive to defend and damages are a legal possibility. Central Tank indicated that they were currently spending a considerable amount of money in defending their product against this suit. Based on the expensive possibilities of a patent infringement suit and/or damages and the limited financial resources behind the defend and hold harmless agreement, the City Attorney recommended not purchasing the Central Tank bodies. Selection of the successful bidder is at the discretion of Council. It is worthy to note that Central Tank continues to sell the equipment in question to public and private haulers throughout the southwest. Examination of the equipment indicates that it is as good or better than the EMCO equipment. The City Attorney's staff recommended that staff purchase the equipment from Davis Truck and Equipment. In making this recommendation, staff pointed out several facts. Counting last year and this current bid, the City will spend $94,980 more than the original low bid to purchase the Central Tank bid. This figure could continue to grow as the suit could take several years. In addition, by establishing a policy of avoiding products involved in litigation, the City will be restricting the competitiveness of City bids and possibly increasing City expenditures. This needs to be weighed against the risks of a lawsuit in which the infringing company cannot defend and hold harmless the City. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to accept the second lowest bid. Motion carried: 7 Yeas; 0 Nays. (37.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1). to discuss personnel matters (City Secretary and Citv Manager). It was the consensus of Council to hold on this item. (38.) 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). MARCH 24, 1994 Page 189 (39.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 (1)(A), to discuss Pending or contemplated litigation (Fire Department). (41.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters 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 21 st Century" Economic Development Subcommittee Education Subcommittee Health, Safety and Human Services Subcommittee Intergovernmental Coordination Subcommittee Land Use and Urban Design Subcommittee Neighborhood and Citizen Involvement Subcommittee Recreation, Parks, Entertainment, and Cultural Affairs Subcommittee Transportation Subcommittee Utilities Subcommittee (42.) Consider eight appointments to the Keep Lubbock Beautiful Adviso Committee to fill the unexpired terms of Nancy Badley, Matt Malouf, Harry Hays and Mark Ivey, who have resigned, and to replace James Tuttle, Kelly Marble, Cathy Jones, and Mia Diekemper, whose terms have expired. No action was taken on this item. (43.) Consider one appointment to the Human Relations Commission to fill the unexpired term of Carmen Neely, who has resigned. No action was taken on this item. (44.) Consider three appointments to the Park and Recreation Board to replace Alice Moreno Kerr, Joe May and Anna Jenkin, whose terms will expire. No action was taken on this item. MARCH 24, 1994 Page 190 (45.) Consider two appointments to the Zoning Board of Adiustment to replace Ken Flags and Robert Sanders, whose terms have expired. No action was taken on this item. (46.) Consider eleven appointments to the ad hoc New Landfill Permit Citizens Advisory Task Force. No action was taken on this item. (47.) Consider appointment of a Chairman of the "Goals for Lubbock: A Vision Into the 21st Century" Committee for 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; Nei hborhood and Citizen Involvement: Recreation, Parks. Entertainment and Cultural Affairs; Transportation; and Utilities. No action was taken on this item. There being no further business to come before Council, motion was made by Councilmember T. J. Patterson, seCnded by o cilmember Aderton to adjourn the meeting at 3:00 p.m. Motion cameas; 0 N s--Councilmem er Ince, Councilmember Cooke and Counce o ab o ounc,)1-e' rn qs. VID R. LAWjSTON, ATTEST: etty NY. Johnson, City Secretary Read and approved this the 14th da)�of April, 1994, VID R. LANGSTON, MA ATTEST: Betty 4. Johnson, C y Secretary