Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 9/22/1994SEPTEMBER 22, 1994 Page 567 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 22, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 22nd day of September 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 Windy Sitton, 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 10:45 A.M. ( 1.) The Invocation was given by Jim Bertram, Director of Strategic Planning. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Board Appointments There were no board appointments. (4.) Mr. Rick Betenbough appeared to request special handling of garbage collection for Lots 283-307, Shadow Hills Addition. The proposed lots are adjacent to the Shadow Hills Golf Course. Because Shadow Hills policy does not allow placement of dumpsters on the golf course, the developer is proposing to place the dumpsters in Tract K of this subdivision. This request is consistent with previously platted lots in the subdivision which are adjacent to the golf course. The lot farthest from the proposed collection point is approximately 600 feet away. Staff recommended approval of this request subject to the following conditions: 1. The developer shall notify all buyers of these lots that Tract K is the only designated point for garbage collection. 2. The developer shall provide a plan showing how the collection site is to be arranged so that collection vehicles can enter the site, empty the containers, and exit the site without backing up. 3. The developer and property owners shall be notified that the City will not be responsible for perceived or actual damage to the 30-foot access easement by collection vehicles. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tern Neugebauer to grant Mr. Betenbough's request subject to the the stated conditions. Motion carried: 7 Yeas; 0 Nays. ( 5.) Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to approve the minutes of the September 8, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. SEPTEMBER 22, 1994 Page 568 ( 8.) ORDINANCE #9735--Abandoning and closing a switch enclosure easement and a five-foot underground utility easement located in Section 28, Block E-2, and a five- foot underground utility easement located in Lot 4. Westac Addition (5901 Frankford Avenue). ORDINANCE #9735 AN ORDINANCE ABANDONING AND CLOSING A SWITCH ENCLOSURE EASEMENT IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS; A FIVE FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 28, BLOCK E-2; AND A FIVE-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 4, WESTAC ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS 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 Cooke, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9735 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (9.) BID #13041--Water Line Fittings (Water Utilities). This item was deleted from the Council agenda. (10.) BID #13042--City of Lubbock Street Paving - Various locations (Community Development and Neighborhood Initiatives). RESOLUTION #4606 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 Williams and Peters Construction Company, Inc., to furnish and install all materials as bid for the City of Lubbock Street Paving - Various Locations, 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 22nd day of September, 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 SEPTEMBER 22, 1994 Page 569 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 22nd day of September, 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 Williams & Peters Construction Company, 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 construction of certain improvements described as follows: BID NO. 13042 -- City of Lubbock Street Paving - Various Locations in the amount of $217,490.00 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. 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 Ltime 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/ Larry Hertel APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Betty L. Williams Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: Williams & Peters Construction Co., Inc. By: Title: President COMPLETE ADDRESS: P.O. Box 3907 Lubbock, Texas 79452 SEPTEMBER 22, 1994 Page 570 Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Resolution #4607 authorizing the Mayor to execute a one-year agreement with Barbara McCall for federal jointly sponsored Representation Services. RESOLUTION #4607 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 and all related documents by and between the City of Lubbock and Barbara T. McCall for a personal services contract for consulting services 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 22nd day of September, 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 Assistant City Attorney The Agreement between the City of Lubbock and Barbara T. McCall, Washington, D.C., is filed with Resolution No. 4607. In 1986, the City Council approved a contract between the City of Lubbock and the National Center for Municipal Development (NCMD). The cities of Lubbock, Plano, Houston, Dallas, and Fort Worth agreed at that time to enter into a joint contract for federal representation services. Under the terms of the contract, the cities received notifications on the various items of interest from Washington and are also able to secure specific services for individual city projects. Proposed contract costs for the forthcoming year are composed of four elements: 1. $15,000 retainer 2. 36 assured usage hours of service at $95 per hour 3. Reimbursable costs not to exceed $5,000 4. Additional hours of service at a rate of $95 per hour Ms. McCall has been of significant value to the City in discussions with various federal agencies. For example, during the most recently concluded year the City was assisted in discussions with legislative priorities pertaining to CBDG, economic development, NAFTA, transportation issues, and grants information. In addition, Ms. McCall has assisted with Reese AFB retention. SEPTEMBER 22, 1994 Page 571 Council was made aware of the fact that on May 17, 1991, HUD published the final rule on the requirements governing the lobbying of HUD personnel. The relevant features of those rules indicate that as long as a city's expenditures for contract lobbyists or non - policy employees are less than $10,000 per year for influencing HUD, the City is required to keep records but is not required to report. According to Ms. McCall, a city would "clearly be protected from reporting and could effectively be relieved of record keeping by a clause in the contract stating that not more than $2,500 may be expended for purposes of influencing specific decisions of HUD." This would not interfere with the City's customary mode of operation, and wording has been included to that effect in the agreement. Staff recommended approval of this contract. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4607 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution #4608 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement by and between the City of Lubbock and Texas Tech University Museum for the loan of the Buddy Holly memorabilia. RESOLUTION #4608 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 by and between the City of Lubbock and Texas Tech University Museum for the loan of the Buddy Holly memorabilia, f 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 22nd day of September, 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/ Carolyn Aliamus Carolyn Aliamus, Director of Culture/Leisure & Recreation APPROVED AS TO FORM: /s/ Donald G. Vandiver ::unald G. Vandiver First Assistant City Attorney The Incoming Loan Form between the Museum of Texas Tech University and the City of Lubbock is filed with Resolution No. 4608. Texas Tech University Museum has agreed to curate and store the Buddy Holly memorabilia owned by the City of Lubbock. The loan agreement enables the City to use a qualified and professional resource to assist with the inventory control of these items. The loan agreement authorizes key City of Lubbock staff to periodically view memorabilia but SEPTEMBER 22, 1994 Page 572 does not authorize Texas Tech to display memorabilia until a written agreement with the City has been approved. The loan agreement with Texas Tech does not warrant any payment from the City and can be extended if needed. City staff recommended the loan agreement with Texas Tech University Museum. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4608 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (6.) Consider the price and condition of sale of Parcel Numbers 15760- 24-10,20,30,40,50,60,70,80 and 90, 2801-09 Hickory Avenue in the Chatman Hill area. This item was removed from the consent agenda. This is a routine sale of property by the Urban Renewal Agency to James V. Peterson d/b/a Peterson Investment Group, for $3,600 ($400 per lot). The proposed development is seven new 1,000 square foot duplexes situated on nine parcels and valued at approximately $55,000 each. The zoning change from R-1 SF Residential to R-2 duplex use was approved by the City Council on August 24, 1994. This proposed sale was submitted according to the Marketing Plan for the Chatman Hill area adopted by the Urban Renewal Board of Commissioners on May 17, 1994. The Housing Rehabilitation Section staff recommended the approval of the proposed sale. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the price and condition of sale of parcels as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) ORDINANCE # 9734--Abandoning and closing a 20-foot alley in Section 13, Block E-2 (8302 Boston Avenue). ORDINANCE #9734 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9734 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Mayor Pro Tern Neugebauer recused and excused himself from discussion and voting on this item. SEPTEMBER 22, 1994 Page 573 (13.) ZONE CASE NO. 2255-F (west of Frankford Avenue and north of 66th Stree_tl-- Hold a public hearing to consider request of Henry Huneke (for Lubbock Development) for a zoning change from C-2 GO and C-4 to C-4 and C-4 Specific Use (for mini -warehouses) on multiple portions of land out of Section 36, Block AK, and consider ordinance. ORDINANCE #9738 _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-F; A ZONING CHANGE FROM C-2, GO AND C-4 TO C-4 AND C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON MULTIPLE TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:49 a.m. Henry Huneke appeared on behalf of Lubbock Development to request this zone change. No one appeared in opposition to the zone change. Mayor Langston closed the public hearing at 11:00 a.m. Randy Henson, Senior Planner, provided staff comments. According to staff memo, the request will amend the existing zoning north of 66th Street to allow a future mini - warehouse project subject to a site plan review prior to a construction permit as well as continue the existing conditional C-4 zoning. The 200 foot strip of Garden Office Zoning adjacent to 66th would become eligible for the heavier C-4 uses currently permitted within the area to the north. Adjacent land uses: North - commercial South - churches, apartments and one duplex East - commercial West - church and vacant commercial The request, properly site planned, is within the policies of the Comprehensive Land Use Plan. The adjustment for the land areas other than the garden office portion on 66th Street is routine, with the exception that seldom is the site plan requirement of the Specific Use section allowed to float forward to a construction date. For the 200-foot strip along 66th Street, the staff did express the desire that the zone change create few or no negative effects for the property south of the street. The proposal should have little or no effect on the thoroughfare system. The staff offered three conditions should the request be approved: 1. That any mini -warehouse project be limited to property not adjacent to 66th Street with the exception of the entry corridor for a mini -warehouse project illustrated in the site plan. 2. That the property 200 feet north of 66th Street between Genoa and Homestead be subject to site plan review by the Planning Commission prior to the issuance of a construction permit. 3: That the permitted uses in the non mini -warehouse parcels be consistent with the current list of permitted uses. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: Change Tract 1 from C-2 to C4 Specific Use and Tracts 2, 3 and 4 from C-4 with conditions to C-4 Specific Use subject to the following conditions: SEPTEMBER 22, 1994 Page 574 a. That the zoning district shall be C-4 Specific Use limited to the following uses: (1) Automobile body shops, outside storage limited to customer vehicles only. (2) Automobile brake shop. (3) Automobile glass shop. (4) Automobile seat cover and upholstery shop. (5) Automobile transmission shop. (6) Automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use). (7) Barber and beauty shop supply dealer. (8) Boat and boat trailer sales and service. (9) Builders supply, with all materials inside building. (10) Cafe supply dealer, fixtures. (11) Canvas goods shop, tents and awnings (no manufacturing). (12) Dairy supply dealer. (13) Electrical equipment repairs. (14) Frozen food lockers. (15) Garage, public, repair. Outside storage of customer automobiles authorized. All work and separate parts shall be inside a building. (16) Garden center. (17) Gasoline service station. Business permitted outside of building and outside displays of products permitted within three feet of the building. (18) Golf driving range. Business permitted outside of building. (19) Greenhouse and plant nursery. (20) Hotel or motel. (21) Hot tamale plant. (22) Janitorial or cleaning service. (23) Job printing and lithographing. (24) Laboratory, chemical, general analysis. (25) Laundry, commercial. (26) Linen and towel supply service. (27) Lumber yard, with no mill. All materials must be in a building. (28) Magazine agency. (29) Motorcycle shop, including sales, rentals and service. (30) Muffler shop. (31) Nonprofit training centers with retail sales. (32) Pest control service. (33) Print shop. (34) Produce market. (35) Public kennel (totally within a building). (36) Rental store. (37) Restaurants. Business permitted outside of building. (38) Restaurants, with the sale of alcoholic beverages as in incidental u- , _..cept that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. (39) Sign shops, limited window lettering, painted wall signs, banners and desk signs. (40) Store fixtures sales (no manufacturing permitted). (41) Trailer and truck sales, rental or service. (42) Trailer and truck rental utility. SEPTEMBER 22, 1994 Page 575 (43) Upholstery shop (furniture). (44) Veterinary hospital (totally within a building). (45) Wholesale house, sales office and storage. No cotton storage. (46) All unconditionally permitted C-3 uses; or b. That the permitted use shall be C-4 Specific Use for mini -warehouses subject to the following conditions: 1. That 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. 2. Change Tract 5 from GO and C-4 with conditions to C-4 Specific Use for mini -warehouses. Change Tract 6 from GO to C-4 subject to the following conditions: a. The C-4 uses shall be limited to the following uses: (1) Automobile body shops, outside storage limited to customer vehicles only. (2) Automobile brake shop. (3) Automobile glass shop. (4) Automobile seat cover and upholstery shop. (5) Automobile transmission shop. (6) Automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use). (7) Barber and beauty shop supply dealer. (8) Boat and boat trailer sales and service. (9) Builders supply. All materials must be in building. (10) Cafe supply dealer, fixtures. (11) Canvas goods shop, tents and awnings (no manufacturing). (12) Dairy supply dealer. (13) Electrical equipment repairs. (14) Frozen food lockers. (15) Garage, public, repair. Outside storage of customer automobiles authorized. All work and separate parts shall be inside a building. (16) Garden center. (17) Gasoline service station. Business permitted outside of building and outside displays of products permitted within three feet of the building. (18) Golf driving range. Business permitted outside of building. (19) Greenhouse and plant nursery. (20) Hotel or motel. (21) Hot tamale plant. (22) Janitorial or cleaning service. (23) Job printing and lithographing. (24) Laboratory, chemical, general analysis. (25) Laundry, commercial. (26) Linen and towel supply service. (27) Lumber yard, with no mill. All materials must be in a building. (28) Magazine agency. (29) Motorcycle shop, including sales, rentals and service. SEPTEMBER 22, 1994 Page 576 (30) Muffler shop. (31) Nonprofit training centers with retail sales. (32) Pest control service. (33) Print shop. (34) Produce market. (35) Public kennel (totally within a building). (36) Rental store. (37) Restaurants. Business permitted outside of building. (38) Restaurants, with the sale of alcoholic beverages as in incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. (39) Sign shops, limited window lettering, painted wall signs, banners and desk signs. (40) Store fixtures sales (no manufacturing permitted). (41) Trailer and truck sales, rental or service. (42) Trailer and truck rental utility. (43) Upholstery shop (furniture). (44) Veterinary hospital (totally within a building). (45) Wholesale house, sales office and storage. No cotton storage. (46) All unconditionally permitted C-3 uses. b. That 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. C. Notification of the site plan review shall be mailed to anyone within 200 feet of the property lines. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance 9738 as recommended by P&Z and City staff. Motion carried: 7 Yeas, 0 Nays. (14.) ZONE CASE NO. 2738 (northeast corner of Boston Avenue and 35th Street) --Hold a public hearing to consider request of Cimarron Land Services, Inc. (for Lubbock SMSA Limited Partnership) for a zoning request from R-2 and R-2 Suecific Use (for a radio transmission tower) on Lot 1. Block 1, Jefferson Avenue Addition, and consider ordinance. ORDINANCE #9739 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAILING THE FOLLOWING CHANGES: ZONE CASE NO. 2738; A ZONING CHANGE FROM R-2 TO R-2 SPECIFIC USE ZONING FOR A RADIO TRANS1%41S, ,0N TOWER ON LOT 1, BLOCK 1, JEFFERSON AVENUE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:05 a.m. Bob Nelson appeared on behalf of Cimarron Land Services, Inc., to request this zone change. A representative from the land owner, Trinity Baptist Church, also appeared in favor of the zone change. No one appeared in opposition. Mayor Langston closed the public hearing at 11:10 a.m. SEPTEMBER 22, 1994 Page 577 Randy Henson, Senior Planner, provided staff comments. According to staff memo, the request is styled Specific Use for a cellular phone transmission tower. Adjacent land uses are as follow: North - commercial South - residential East - residential West - church The staff proposed the following conditions which were forwarded to the City Council by the Planning and Zoning Commission: 1. A screen fence of brick piers with wood inserts on the east, south and west (except the gate) and chain link on the north. 2. Construction materials for the building comparable to file photos (site plan 2738). The Planning and Zoning Commission recommended approval of this request. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9739 as recommended by P&Z and City staff. Motion carried: 7 Yeas, 0 Nays. (15.) ZONE CASE NO. 1811-D (southeast corner of Indiana Avenue and 82nd Street) -- Hold a public hearing to consider request of Steve Davis (for Lubbock Commercial Buildings) for a zoning change from C-2 to C-3 Specific Use (for a convenience store with gas sales and car wash) on Lot 1, Iris Gardens Addition, and consider �* ordinance. ORDINANCE #9740 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1811-D; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE ZONING FOR A CONVENIENCE STORE WITH GAS SALES AND CAR WASH ON LOT 1, IRIS GARDENS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:12 a.m. Steve Davis appeared on behalf of Lubbock Commercial Buildings to request the zone change. No one appeared in opposition. Mayor Langston closed the public hearing at 11:14 a.m. Randy Henson, Senior Planner, provided staff comments. According to staff memo, the request is to build a convenience store with a single bay automated car wash. The request was submitted as Specific Use for the purpose of approval of the proposed 20-foot setback of the gas island canopies. Adjacent land uses: North - commercial in all directions South - commercial in all directions East - commercial in all directions West - commercial in all directions SEPTEMBER 22, 1994 Page 578 The request is in keeping with the Comprehensive Land Use Plan. The issue is the compatibility of the proposed land use with existing adjacent land uses. Because of a series of property sales, much of this intersection did not develop with the continuity of design originally anticipated in the Comprehensive Land Use Plan. The request will have little additional effect on the adjacent thoroughfares. After considerable discussion between the different interests, the Planning Commission recommended the request to the City Council as submitted. The staff supported the recommendation of the Planning & Zoning Commission Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9740 as recommended by P&Z and City staff. Motion carried: 7 Yeas, 0 Nays. (16.) Consider Resolution #4609 authorizing the Mayor to execute a grant agreement with the United States of America, Department of Transportation, Federal Aviation Administration for airport improvements including the construction of airfield emergency roads and reconstruction of Runway 17L. RESOLUTION #4609 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 Grant Agreement and any related documents with the United States of America, Department of Transportation, Federal Aviation Administration, for construction of emergency access roads and reconstruction of runway 17L- 35R and associated taxiways, 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 22nd day of September, 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, A.A.E., Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Grant Agreement for Development Project between The United States of America and the City of Lubbock is filed with Resolution No. 4609. Jim Newsome, Interim Aviation Director, provided staff comments. This grant is for the completion of the construction of the airfield emergency access roads and for the reconstruction of Runway 17L, a general aviation runway located adjacent to the east ramp. This grant in the amount of $1,685,668 represents the FY 94 Entitlement Funds SEPTEMBER 22, 1994 Page 579 from the Airport Improvement Program and is an approved project in the Airport Capital Project Budget (Project 9784). Approximately half of this project was funded from the FY 93 Entitlements and has been completed. The current grant is for the completion of the project. This grant will allow the award of this bid, and construction will be scheduled to begin in March 1995. This grant provides the remaining funding necessary to complete this approved airport capital project. The staff recommended the acceptance of this grant. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4609 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider Resolution #4610 authorizing the Mayor to sign a contract with South Plains Association of Governments for grant funding to implement a used oil filter collection program for the City of Lubbock. RESOLUTION #4610 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 South Plains Association of Governments to implement the next phase of a comprehensive used oil recycling program 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 22nd day of September, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Debra Frankhouser Debra Frankhouser, Assistant Supervisor of Solid Waste APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Contract between the South Plains Association of Governments and City of Lubbock is filed with Resolution No. 4610. Frank Espino, Recycling Coordinator, provided staff comments. In April 1994 it became unlawful for residents to dispose of their tised oil filters in the residential waste stream. As such, it is also unlawful to dispose of used oil filters in the City of Lubbock landfill. Currently, residents are instructed to take their used oil filters to area businesses for proper disposal of the filters. However, staff is uncertain how long area businesses will continue to take and dispose of used oil filters for the general public. In addition, staff did not know the effectiveness of this method of disposal. South Plains Association of Governments (SPAG) received funding from the Texas Natural Resource Conservation Commission to fund used oil filter collection projects in the SPAG region. The funds are a portion of the $1.25 per ton solid waste tipping fees SEPTEMBER 22, 1994 Page 580 that are collected by all landfill operators. All cities in the SPAG region with used oil collection programs are eligible to receive a used -oil filter crusher and funds to implement a public education campaign. The City of Lubbock's allocation of this grant money is $5,954. This money will be used to purchase a used oil filter crusher and public education materials. Staff recommended that Council authorize the Mayor to execute the Contract between the City of Lubbock and South Plains Association of Governments. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4610 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution #4611 authorizing the Mayor to execute a Texas Traffic Safety Program Grant Agreement between the City of Lubbock and the Texas Department of Transportation for an Occupant Protection Selective Traffic Enforcement Project. RESOLUTION #4611 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 Texas Traffic Safety Program Grant Agreement by and between the City of Lubbock and the Texas Department of Transportation for an Occupant Protection Selective Traffic Enforcement Project, 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 22nd day of September, 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/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Grant Proposal Evaluation Form is filed with Resolution No. 4611. The statewide goal for fiscal year 1994 is 75 percent safety belt use by drivers, 70 percent for front seat passengers and children ages 0 to 4. Lubbock currently has a safety belt use rate of 80 percent and has a child passenger restraint rate of 50.6 percent. The objective is to increase safety belt use among drivers and front seat passengers by 5 percent and child safety seat use by 10 percent by the end of the contract period. This is to be accomplished by a public information and education program along with a vigorous enforcement policy. SEPTEMBER 22, 1994 Page 581 Awards for this grant have been set immediately upon approval by the City Council. This is a 50-50 federally funded grant in the amount of $23,998 to be administered during FY 1994-95. Staff recommended approval of this grant agreement. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4611 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider Resolution #4612 authorizing the Mayor to execute a Texas Traffic Safety Program Grant Agreement between the City of Lubbock and the Texas Department of Transportation for a Holiday Driving While Intoxicated Selective Traffic Enforcement Program. RESOLUTION #4612 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 Texas Traffic Safety Program Grant Agreement by and between the City of Lubbock and the Texas Department of Transportation for a Holiday Driving While Intoxicated Selective Traffic Enforcement Program, 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 22nd day of September, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Grant Proposal Evaluation Form is filed with Resolution No. 4612. The Holiday Driving While Intoxicated S c' -- cave Traffic Enforcement Grant Program utilizes off duty personnel working overtime to enhance the detection and apprehension of drunk drivers. Awards for this grant have been set for October 1, 1994, upon approval of the City Council. This is a 100 percent grant in the amount of $8,000 to be administered during FY 1994-95. Staff recommended approval of this grant agreement. Victor Hernandez recommended using Channel 6 more effectively as a public awareness tool. SEPTEMBER 22, 1994 Page 582 Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4612 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Resolution #4613 authorizing the Mayor to execute an agreement with the Lubbock Convention and Tourism Bureau for convention and tourism services. RESOLUTION #4613 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 Convention and Tourism Service Agreement by and between the City of Lubbock and the Convention and Tourism Bureau of Lubbock, Inc., 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 22nd day of September, 1994. /s/ David R. Lan ston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale J. Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Convention and Tourism Service Agreement between the City of Lubbock and the Convention and Tourism Bureau of Lubbock, Inc. is filed with Resolution No. 4613. Mayor Pro Tern Neugebauer asked Deborah Brown, attorney for the Convention and Tourism Bureau of Lubbock, Inc., for the rationale behind requesting a 5-year contract. Ms. Brown indicated that it was because of the fact that the Bureau contracts for business three to five years in advance. Lubbock Convention and Tourism Bureau of Lubbock, Inc., should be able to sell themselves as being in business five years in the future. She also indicated that the Bureau has a 5-year space lease with Lubbock Chamber of ommerce. Karen Pina, Executive Director, cc. firmed the booking argument. Ms. Pina said there will be no break in service with transfer to Convention and Tourism Bureau of Lubbock, Inc., as of October 1, 1994, and that transition will be complete on that date. The agreement between the City of Lubbock and the new Convention and Tourism Bureau of Lubbock, Inc. is made pursuant to the terms of Chapter 351 of the Tax Code of the State of Texas wherein said corporation will act on behalf of the City of Lubbock in handling its tourism and convention programs. The agreement is somewhat similar to the prior agreement with the Lubbock Chamber of Commerce where such activities were previously handled. The term of this agreement, however, is for a fixed five year period of SEPTEMBER 22, 1994 Page 583 time beginning October 1, 1994 and ending September 30, 1999 with an automatic one year addition thereafter, unless notice of cancellation is received prior to April 1, 1999 or the then current year. This term is placed in the agreement at the specific request of the corporation's Board of Directors. The City Legal Department initially prepared this contract for a three-year term with an automatic one year extension subject to cancellation but agreed to submit the five year term at the specific request of the board for Council's consideration. The funding that will be granted to the new corporation shall consist of that portion of the hotel/motel tax revenues collected and allocated to convention and tourism activities under the provision of Section 26-22 of the Code of Ordinances of the City of Lubbock, Texas. Hence, the City Council in future years may change this allocation by amendment to Section 26-22 of the Code of Ordinances of the City of Lubbock. The new corporation shall submit a budget along with the City's budget and the City shall make payments in four quarterly installments to the corporation of tax revenues. The new Convention Bureau shall maintain complete and accurate books and financial records and shall provide the City a quarterly financial statement showing revenues received by the Bureau from the City and listing all expenditures of the Bureau during such quarter. The City at its option may audit the books of the Bureau by an auditor of the City's choosing. Council was reminded that it can amend the Charter of this corporation or the bylaws at any time. Staff recommended approval of this agreement. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4613 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Hernandez recused and excused himself from any discussion and voting. (21.) Consider Resolution #4614 authorizing the Mayor to sign_a License Agreement with Maria Elena Holly with regard to display of the Buddy Holly Memorabilia and use of the name of Buddy Holly. RESOLUTION #4614 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 License Agreement and all related documents by and between the City of Lubbock and Maria Elena Holly, which Agreement is 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 22nd day of September, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary SEPTEMBER 22, 1994 Page 584 APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Manager of Culture/Leisure & Recreation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The License Agreement between Maria Elena Holly and the City of Lubbock is filed with Resolution No. 4614. The license agreement between the City of Lubbock and Maria Elena Holly gives the City of Lubbock the rights in and to the valuable name, character, likeness, and in certain instances, visual representation of Charles Hardin Holly, professionally known as Buddy Holly. The license agreement gives the right to promote the image and memory of Buddy Holly by naming one or more public buildings or other facilities in his honor. It enables the City to promote the recently purchased Buddy Holly Memorabilia at a public facility and to advertise the memorabilia. The City is also granted the right to sell items with the likeness of Buddy Holly upon a ten percent royalty as set forth in the license agreement. City staff recommended the approval of the License Agreement. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4614 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Consider one appointment to the Convention and Tourism Bureau of Lubbock, Inc., Board of Directors to fill one vacant position. No action was taken on this Council item. (23.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Airport and Water Utilities (24.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1). to discuss personnel matters (City Manager). (25.) 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: Airport Board Board of Trustees of the Lubbock Regional MHNM Center Building Board of Appeal Citizens Traffic Commission Community Development Advisory Committee Community Services Commission SEPTEMBER 22, 1994 Page 585 "Goals for Lubbock: A Vision Into the 21 st Century" Neighborhood and Citizen Involvement Subcommittee Lubbock Board and Commission Advisory Board Lubbock Civic Centers Board Lubbock Industrial Development Corporation Lubbock Health Facilities Development Corporation Lubbock Public Transit Advisory Board Permit and License Appeal Board Public Responsibility Committee (Lubbock Regional NflDv R Center) Urban Design and Historic Preservation Commission Zoning Board of Adjustment Without objection, the meeting ATTEST: -&-tr - � k (- � �- L B ecty N . Johnson, tity Secretary Read and approved this the 13th ATTEST: ��� I I r�-L etty NfJohnson, City Secretary