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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/22/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 22,1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 22nd day of June 1995 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, 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. Absent: Mayor Pro Tem Randy Neugebauer. Mayor Langston called the meeting to order at 10:10 A.M. ( 1.) The Invocation was given by Mel Swoyer, Pastor of Shepherd King Lutheran Church and Vice -President of the Ministerial Alliance. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Presentation to Dr. Ron North for his past service as Chairman of the Airport Board. Due to Dr. North's scheduling conflicts, this item was deleted from the agenda. ( 4.) Motion was made by Councilmember Ince, seconded by Councilmember Patterson to approve the minutes of the June 8, 1995, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. (5.) ORDINANCE #9812--Amending Article 12, Sections 2-309 and 2-310 of the Code of Ordinances relating to the composition, function and goals of the Human Relations Commission. ORDINANCE 99812 AN ORDINANCE AMENDING ARTICLE XII OF THE CODE OF ORDINANCES ENTITLED HUMAN RELATIONS COMMISSION, BY AMENDING SECTION 2-309 AS TO THE COMPOSITION AND SECTION 2-310 AS TO THE FUNCTION AND GOALS OF THE COMMISSION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on second and final reading Ordinance 49812 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. City Council Minutes June 22, 1995 Page 424 ( 6.) ORDINANCE #9813--Amending Chapter 28 of the Code of Ordinances pertaining to wastewater system discharge enforcement procedures. ORDINANCE #9813 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE PROCEDURES TO BE FOLLOWED WITH REGARD TO ENFORCEMENT PROCEDURES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9813 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (7.) Consider Resolution #4869 authorizing the Mayor to execute an agreement with Lubbock Arts Alliance, Inc., for an arts grant program for 1995. RESOLUTION 94869 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 Lubbock Arts Alliance, Inc., and any associated documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Manager of Cultural Art Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the Lubbock Arts Alliance, Inc., is filed with Resolution No. 4869. 424 City Council Minutes June 22, 1995 Page 425 For the past 15 years, the City Council has approved an agreement with the Lubbock Arts Alliance, Inc., whereby the City paid a portion of the revenues collected from the hotel/motel tax for the encouragement, promotion, and improvement of all forms of art in the community. The 1995 agreement provides for a total sum of $116,683.20, which is .400 cent of the 7 cent hotel/motel tax collected during the fiscal year ended September 30, 1994. The allocation for 1994 was $117,643.62. The agreement provides that a review committee of the Lubbock Arts Alliance, Inc., will receive and evaluate applications for art grants and make recommendations to the City Council for awarding of these grants. Staff recommended approval of the 1995 agreement. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4869 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (8.) Consider Resolution #4870 authorizing acceptance of water and sanitary sewer improvements for Lots 1-19, and Tracts A&B, Kings Lake Addition. RESOLUTION #4870 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 19 AND TRACTS A & B, KINGS LAKE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 19 and Tracts A & B, Kings Lake Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $33,822.62, with the improvements constructed by Lubbock Development Company having a value of $32,040.54, as determined by the unit prices established by said Chapter 28, and $1,782.08 cash paid to the City, which amount includes $1,150.90 cash for adjacent lines, with Lubbock Development Company, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. 425 City Council Minutes June 22, 1995 Page 426 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22nd day of June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael. E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $33,822.62, including value of construction costs of $32,040.54 and $1,782,08 cash paid to the City of Lubbock. The developer, Lubbock Land Company, will not receive a refund. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4870 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (9.) Consider Resolution 94871 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Pheasant Ridge Addition, Lots 1-22 and Tract A-D. RESOLUTION #4871 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF AN AVENUE AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-22 and Tracts A- D, Pheasant Ridge Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on a certain avenue dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following avenue: Freeport Avenue from the South lip line of 69th Street to the cul-de-sac 600 feet South, known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2036. 426 City Council Minutes June 22, 1995 Page 427 WHEREAS, the construction of the above improvements on the above -mentioned avenue was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned avenue BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22nd day of June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Freeport Avenue from 69th Street to the cul-de-sac 600 feet south. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4871 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 427 City Council Minutes June 22, 1995 Page 428 (10.) Consider Resolution #4872 authorizing the Mayor to execute a grant agreement with the United States of America, Department of Transportation, Federal Aviation Administration for airport improvements including paving runway 8-26 shoulders, reconstruction of runway 8-26 blast pad, and ARFF station driveway turning radius improvements. RESOLUTION #4872 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 Lubbock International Airport improvements consisting of paving runway 8/26 shoulders, reconstructing runway 26 blast pad, and increasing ARFF station driveway turning radius, which Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Aviation Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 4872. This grant is for the paving of runway 8-26 shoulders, reconstruction of the blast pad on the approach end of runway 26, and increasing the driveway turn radius at the airport fire station. The grant is for $1,296,479 in AIP enplanement funds for FY95 and represents 90 percent of the estimated cost of construction. The 10 percent in matching funds is from passenger facility charges authorized to be collected and used for this project. City Council Minutes June 22, 1995 Page 429 The shoulder pavement being added to the east -west air carrier runway 8-26 is designed to improve safety in aircraft movement and to prevent erosion along the edges of the pavement. This work is the second phase of an overall project identified in the approved Airport Master Plan to pave the shoulders along all pavements used by the air carriers. The first phase included the north -south runway 17R/35, which was completed in 1993. The third and final phase will include the major taxiways and ramps and is scheduled for 1996. The current work is included in the approved Airport Capital Project Budget, Project 9980. This project enhances safety in aircraft operations and protects the welfare of the passengers and citizens using the airport. The staff recommended acceptance of this grant. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4872 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) Consider Resolution #4873 authorizing the Mayor to execute an agreement between the City of Lubbock and Reese Air Force Base for the Purpose of exercising the Emergency Operations Plans. RESOLUTION #4873 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 Reese Air Force Base, relating to joint civil defense exercises, which Agreement is attached hereto and 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 June 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson, Emergency Preparedness and Special Projects Coordinator APPROVED AS TO FORM: /s/ Jean E. Shotts Jean E. Shotts, Jr., Trial Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR Me City Council Minutes June 22, 1995 Page 430 A copy of the Agreement by and between the City of Lubbock and Reese Air Force Base is filed with Resolution No. 4873. This agreement is necessary to conduct joint Civil Defense Exercises with Reese Air Force Base. The exercises are conducted in an effort to evaluate Emergency Plans for Reese Air Force Base and the joint Lubbock County/City of Lubbock Emergency Operations Plan and essential to ensure continuity within all levels of government within the community. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4873 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) Consider Resolution 94874 authorizing the Mayor to execute a Letter of Agreement and license agreement with Personnel Decisions, Inc., to provide a leadership and development program. RESOLUTION #4874 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 Personnel Decision, Inc., a Minnesota Corporation, to provide materials, training and 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 June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract by and between the City of Lubbock and Personnel Decision, Inc., is filed with Resolution No. 4874. 430 City Council Minutes June 22, 1995 Page 431 In accordance with organizational and Council objectives on training and development and as approved in the 1994-95 budget, a Leadership Assessment and Development Program for the senior management team is requested. The Leadership Assessment and Development Program, in addition to developing a corporate culture that encourages empowerment and leadership, will meet the following objectives: Assess individual strengths and development needs of senior management team members with an instrument which rates leadership abilities by self, supervision and direct reports. Benchmark managers' profile against a national norm from Fortune 500 companies. Create a development plan for each manager. Provide training sessions to meet collective development needs of the organization. Provide information for succession planning. Seven responses were received from the RFP for Leadership Assessment and Development. The respondents were: Personnel Decisions, Inc., Dallas, Texas Workforce Solutions (IBM), Dallas, Texas Priority Management Services, Lubbock, Texas Leadership Resources, Austin, Texas Total Leadership Consulting, Euless, Texas Xerox Corp., Rochester, New York The Cumberland Group - SW, Humble, Texas The RFP Evaluation Committee reviewed each response and ranked Personnel Decisions, Inc., (PDI) and Workforce Solutions (IBM) as the top two contenders. After presentations and reference checks, the Committee determined that PDI would best provide the assessment and training outlined in the RFP. PDI was selected on the basis of expertise, superiority of the multi -rater assessment instrument, benchmarking capability, and suitability for future development of lower -level management. Total cost for the Leadership Assessment and Development program for the senior management team is $30,655. This includes assessment analysis, participant materials, three days on - site training, and certification of three City of Lubbock staff as trainers for the continuation of the program. The license agreement provides for future use of the assessment instrument and training materials. The RFP Evaluation Committee and Human Resources Department recommended the approval of this letter of agreement. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4874 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 431 City Council Minutes June 22, 1995 Page 432 (13.) Consider Resolution #4875 authorizing the Mayor to execute a tax abatement agreement with Economy Mills, Ltd. RESOLUTION 94875 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 Economy Mills, Ltd., for industrial tax abatement, which Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and Economy Mills, Ltd., is filed with Resolution No. 4875. Economy Mills' manufacturing plant at 1413 Avenue B was destroyed by fire on April 10, 1995, and they are planning to build a new expanded manufacturing facility at 211 15th Street. The new facility will be 3,400 square feet and will house a 12,000 bushelbatching system, sweet feed system, pellet mill, roller mill, full -circle grinder, grain cleaning, flaking, and rolling equipment. Economy Mills will have a production capacity of over 100 tons of bagged and bulk feed per 8 hour shift. The base year appraisal value of the property and improvements is $98,995. The additional value added to the property with the new facility, improvements and tangible personal property will be $602,000. The annual amount of tax abatement will be $3,852.80. The total amount of tax abatement for five years will be $19,264. 432 City Council Minutes June 22, 1995 Page 433 The company employed ten full-time employees before the plant burned and plans to retain the ten employees if the new facility is built. The project will add $602,000 in new value to the tax base in the North Enterprise Zone and will result in the retention of ten employees. Staff recommended approval of the tax abatement agreement for a period of five years. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4875 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (14.) Consider Resolution #4876 authorizing the Mayor to execute a weed agreement between the City of Lubbock and Larry Torres for the removal of weeds and rubbish. RESOLUTION 44876 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 Weed Agreement between the City of Lubbock and Larry Torres, for the removal of weeds and rubbish, 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 June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Lina Reyes -Trevino Lina Reyes -Trevino, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and Larry Torres is filed with Resolution No. 4876. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4876 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 433 City Council Minutes June 22, 1995 Page 434 (15.) Consider Resolution #4877 authorizing the Mayor to execute a weed agreement between the City of Lubbock and Ken Kelley for the removal of weeds and rubbish. RESOLUTION #4877 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 Weed Agreement between the City of Lubbock and Ken Kelley, for the removal of weeds and rubbish, 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 June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Lina Reyes -Trevino Lina Reyes -Trevino, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and Ken Kelley is filed with Resolution No. 4877. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4877 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (16.) BID 413219--23rd Street & Quaker Avenue Lift Station, and authorize same ()Yater Utilities). RESOLUTION 94878 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 Rhode Construction, of Lubbock, Texas, to furnish install all services and materials as bid for the 23rd Street & Quaker Avenue Lift Station for the City of Lubbock, which contract is attached hereto, which 434 City Council Minutes June 22, 1995 Page 435 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 June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 22nd day of June 1995 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 Rhode Construction Company 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. 13219--23rd Street & Quaker Avenue Lift Station in the amount of $445,137.00 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 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. 435 City Council Minutes June 22, 1995 Page 436 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Rhode Construction Company CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Rhode Construction Company P.O. Box 53370 Lubbock, Texas 794323 Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4878 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) BID #13268-- Lubbock International Runway 8-26 Shoulders Improvements, and authorize same (Aviation). RESOLUTION #4879 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 & Peters of Lubbock to furnish and install all services and materials as bid for the Lubbock International Airport Runway 8-26 Shoulders Improvements 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. 436 City Council Minutes June 22, 1995 Page 437 Passed by the City Council this 22nd day of June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 22nd day of June 1995 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 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. 13268--Lubbock International Runway 8-26 Shoulders Improvements in the amount of $1,252,593.75 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 437 City Council Minutes June 22, 1995 Page 438 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Williams & Peters Construction Company CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Williams & Peters Construction Company P.O. Box 3907 Lubbock, Texas 79452 Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4879 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) Consider Resolution 44880 creating the Lubbock Power and Light Review Committee. RESOLUTION 94880 WHEREAS, RMI, Inc. was retained by the City of Lubbock to study the future of Lubbock Power & Light; and WHEREAS, RMI, Inc. delivered its report to the City Council on June 8, 1995; and WHEREAS, the City Council deems it to be in the best interest of the City to appoint a citizens committee to review the report of RMI, Inc. and to return detailed recommendations to the City Council on the future of LP&L; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT there is hereby created a committee to be known as the LP&L Review Committee; and SECTION 2. (a) THAT such committee shall consist of nine (9) members composed of members of the general public; and (b) THAT the primary function of said committee will be to gather and present all information for Council to make an informed decision as to future ownership of LP&L. SECTION 3. THAT such committee shall undertake the following: (a) an evaluation of the assumptions of the RMI, Inc. study; (b) investigate the current state of the electric utility industry in its effects on LP&L; City Council Minutes June 22, 1995 Page 439 (c) a risk benefits analysis of continued ownership of LP&L; and (d) a recommendation as to the disposition of sale proceeds in the event that a decision is made to sell the utility. SECTION 4. THAT each committee member shall disclose any relationship that said committee member may have with another utility operating within the City limits of the City of Lubbock including whether such committee member is an officer, an employee or a shareholder of such utility. Passed by the City Council this 22nd day of June 1995. /s/ David R. Langston 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, Director of Electric Utilities APPROVED AS TO FORM: /s/ John C. Ross. Jr. John C. Ross, Jr., City Attorney At the June 8 City Council meeting, after hearing the results of the RMI/Owner study on LP&L Ownership Options, the City Council directed the staff to prepare a resolution concerning the creation of a committee to extend the investigation into the future of LP&L. The draft resolution creates a committee of nine members from the City Council, Electric Utility Board, and the general public. The resolution requires disclosure of any officer, employee or shareholder relationships with any utility within the City limits of Lubbock. This resolution is consistent with the direction that the City Council has been giving staff in the continuing study of LP&L. The staff believes that the committee is a valid approach in trying to help the City Council decide on ownership options. Motion was made by Councilmember Sitton, seconded by Councilmember Cooke to authorize Resolution #4880 with an amendment to require that the nine members be from the general public and with a 60-day life of the review committee. Motion carried: 6 Yeas; 0 Nays. 439 City Council Minutes June 22, 1995 Page 440 (27.) Consider Ordinance 99814 amending Chapter 18 of the Code of Ordinances with regard to juvenile curfew procedures and terminology. ORDINANCE 49814 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SUB - MINORS' CURFEW BY AMENDING THE POLICE PROCEDURES CONTAINED THEREIN TO REFLECT CHANGES IN STATE LAW CHANGING THE TERM "SUB -MINOR" TO "JUVENILE"; CHANGING THE TERM "SUB -MINOR" TO "JUVENILE"; PROVIDING FOR A PERIODIC REVIEW; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. John Ross, City Attorney, presented staff comments. This amendment updates Lubbock's curfew ordinance to be in compliance with the newly enacted changes in state law (HB 327) which authorize and define procedures for juvenile curfews and juvenile curfew processing offices. These amendments do not significantly change the nature or the enforcement of the existing ordinance beyond correcting terminology and more clearly defining, per state law, the procedures and requirements for operating a juvenile curfew processing office. Also included in the amendment is a requirement for the City to hold a public hearing on the effectiveness of the curfew and enforcement efforts every three years, which is required in the State Local Government Code. The Police Department and the City Attorney recommended passage of this amendment in order to bring our ordinance into compliance with state law. Passage of this amendment would allow the full implementation of the City's Aggressive Curfew Enforcement Program (ACE) including the operation of a juvenile curfew processing office. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance #9814 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (28.) Consider Ordinance #9815 authorizing the issuance of $13,505,000 "City of Lubbock, Texas, Electric Light and Power System Revenue Refunding Bonds, Series 1995 " ORDINANCE #9815 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $13,505,00 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1995"; PRESCRIBING THE FORMS, TERMS, AND PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINICIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO, THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT, THE APPROVAL City Council Minutes June 22, 1995 Page 441 OF A PURCHASE CONTRACT, THE APPROVAL OF A SPECIAL ESCROW AGREEMENT, EXERCISING THE CITY'S RIGHT TO OPTIONALLY REDEEM ITS OUTSTANDING SERIES 1976, SERIES 1987, AND SERIES 1988 ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, AND PROVIDING AN EFFECTIVE DATE. Mark Hindman, Director of Support Services, Joe Smith and Mark _ Westergard, Bond Counsel from Fulbright & Jaworski, presented comments. Of the $28,029,964.55 current principal outstanding of Electric Light and Power System Revenue Bonds, $12,440,000 has been identified as favorable for debt service savings in an advance refunding. Specific series identified include: Principal Series Current Interest Rate $440,000 Series 1976 6.25% 3,500,000 Series 1987 7.0% and 8.0% 8,500,000 Series 1988 7.0%% $12,440,000 Total This issue is a negotiated sale. Prudential Securities Incorporated is acting as lead underwriter, and Athena Capital Corporation and Estrada Hinojosa & Company are acting as underwriters. First Southwest Company's financial advisors for the City of Lubbock project a current market interest rate of 5.33 percent. A principal amount of $13,505,000 is necessary to make the required deposit of $13,184,735.25 to the escrow account to refund the debt on the call date and to pay all costs related to issuance. The average annual cash savings on debt service is $61,500. Issuing bonds to advance refund specific LP&L Revenue Bonds would result in an annual debt service savings. As it is in the best financial interest of the organization, staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9815 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (28A,) Consider Resolution #4881 requesting and consenting to the issuance of "Brazos River Authority Special Facilities (Lake Alan Henry) Revenue Refunding Bonds, Series 1995." RESOLUTION #4881 WHEREAS, the Brazos River Authority (the "Authority") is seeking the consent of the City of Lubbock, Texas (the "City"), under the terms of that certain Water Supply Agreement by and between the City and the Authority (the "Contract"), relating to Lake Alan Henry (the "System"), to issue refunding bonds (the "Bonds"), to refund the outstanding bonds of the Authority's Special Facilities (Lake Alan Henry) Revenue Bonds, Series 1989 and 1991 (the "Refunded Bonds"), in the aggregate principal amount of $58,170,000, pursuant to the Contract; and WHEREAS, the Bonds will be issued in an amount sufficient to (i) provide for the costs of refunding the Refunded Bonds and (ii) pay the costs of issuance of the Bonds; and 441 City Council Minutes June 22, 1995 Page 442 WHEREAS, the governing body of the City deems it to be appropriate and in the best interests of the City to give its consent to the issuance of such Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Section 1: That the recitals set forth in the preamble hereof and incorporated herein and shall have the same force and effect as if set forth in this Section. Section 2: That the City Council of the City hereby requests the Authority to issue and gives it consent to the issuance of the Bonds, and the sale thereof by negotiated sale to the underwriters designated in the Bond Purchase Agreement, dated June 6, 1995, between the Authority and said underwriters, rather than competitive sale, pursuant to the provisions of the contract. Section 3: That the City Manager, an Assistant City Manager or the Director of Finance are hereby authorized and directed to execute a certificate on behalf of the City to the effect that there has not been any material adverse change in the financial condition of the City, other than as described in the Official Statement, since September 30, 1994, the latest date as of which audited financial information of the City is available. Section 4: That a certified copy of this resolution shall immediately be delivered to the Authority following the adoption thereof. Passed by the City Council on the 22nd day of June 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary Mark Hindman, Director of Support Services, presented staff comments. The bonds to be refunded are from Series 1989 and 1991. The issue will be approximately $58 million. Staff received notification from financial advisors for the Brazos River Authority that the refunding is being finalized. Annual savings to the budget average approximately $270,000 per year. The net present value coming back to the City converts to $3.7 million. Percentage of savings of the refunded principal is 6.8 percent. The savings quoted is after the costs of issuance. Staff requests approval of this resolution to finalize the bond sale and capitalize on the savings. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4881 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (29.) Consider an ordinance amending Chapter 27 of the Code of Ordinances pertaining to vehicles for hire This item was deleted from the agenda. 442 City Council Minutes June 22, 1995 Page 443 (18.) ZONE CASE NO.2651-A (north of 57th Street and west of Frankford)--Hold a public hearing to consider request of Henry Huneke (for H. A. Sessions) for a zoning change from IDP to IDP Specific Use for mini -warehouses on a tract out of Section 36, Block AK, and to consider ordinance. ORDINANCE 99816 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2651-A; A ZONING CHANGE FROM IDP TO IDP SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON A TRACT OUT OF SECTION 36, BLOCK AK, LUBBOCK, TEXAS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:37 a.m. Henry Huneke appeared on behalf of H. A. Sessions to present this request for zone change from IDP to IDP Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:40 a.m. Randy Henson, Senior Planner, presented staff comments. Mini - warehouse development is not in the list of permitted uses. The staff recommended that the case be filed as IDP Specific Use versus C-4 or M-1 Specific Use. Specific Use requests in all zoning districts except R-1 are tied to a site plan presented during the hearings. Mr. Henson gave the adjacent land use relationships as follows: North - IDP, vacant South - strip commercial East - mini -warehouse West - city park, undeveloped The request, properly designed, is consistent with both Comprehensive Land Use Plan and zoning policy. The proposed layout and materials meet the basic guidelines of the zoning code. The Planning Commission eliminated a block of property not illustrated as part of the project. That portion of the property will remain zoned IDP. The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9816 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. 443 City Council Minutes June 22, 1995 Page 444 (19.) ZONE CASE NO.2193-A (south of 82nd Street and east of University) --Hold a public hearing to consider request of Hugo Reed and Associates (for Postar Rentals) for a zoning change from A-1 and R-1 to C-3 (for a shopping center) and C-4 Specific Use for mini -warehouses on tracts out of Section 9, Block E, and to consider ordinance ORDINANCE #9817 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2193-A; A ZONING CHANGE FROM A-1 AND R-1 TO C-3 AND C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON TRACTS OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:41 a.m. Bernie Gradel appeared on behalf of Postar Rentals for zone change from A-1 and R-1 to C-3 and C-4 Specific Use. Stanley Aldredge and Steve Synck appeared to voice their concerns about live bands being allowed to rent warehouse space in which to practice and the color scheme for the fencing. No one appeared in opposition. Mayor Langston closed the hearing at 10:50 a.m. Randy Henson, Senior Planner, presented staff comments. This case requests change of an A-1 (apartment tract) and R-1 area to accommodate a mini -warehouse storage facility behind a commercial strip center on 82nd Street. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - zoned R1 - occupied by a non -conforming lumber yard East - zoned A-1, built as town and garden homes West - commercial The request is consistent with the principles of the Comprehensive Land Use Plan. The Plan indicates commercial for this parcel with the A-1 strip along Avenue X as a buffer. Since the developer chose to construct town and garden homes in the A-1, which are permitted uses, the row of increased density single family residences continues to meet the definition of "buffer." The proposed mini -warehouse portion is entirely enclosed as a compound with ten -foot metal walls/fences and is substantially shielded from both 82nd Street and University Avenue by existing _ or proposed commercial. After the adjacent commercial is complete, the project will be behind the development along 82nd Street or University Avenue. The project should have little effect on traffic. City Council Minutes June 22, 1995 Page 445 Neighborhood comments expressed at the Planning and Zoning meeting were related to the proposed levels of lighting at both projects. The warehouse area will be lit with lamps at roof level down into the compound. The Planning Commission approved the request with a site plan for the mini -warehouse portion and the following conditions: A site plan, including building elevations showing materials, color and texture, and a detailed landscape and irrigation plan, shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit for the property zoned C-3. The staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9817 with conditions as recommended by P&Z and City staff, with the added condition that no live bands be allowed to practice and no car restorations be allowed to take place in the mini -warehouses. Motion carried: 6 Yeas; 0 Nays. (20.) ZONE CASE NO 1784-B (southeast corner of 51h Street and Vicksburg Avenue) --Hold a public hearing to consider request of Mike Long(for American State Bank) for a zoning change from R 1 to AM Specific Use (for parking) on a portion of Lots 17 and 18, Block 14, Westover Heights Addition, and to consider ordinance. ORDINANCE #9818 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1784-B; A ZONING CHANGE FROM R-1 TO AM SPECIFIC USE ZONING FOR PARKING ON A PORTION OF LOTS 17 AND 18, BLOCK 14, WESTOVER HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston recused and excused himself from voting and discussion on this item. Councilmember Ince presided and opened the public hearing at 11:02 a.m. Mike Long appeared on behalf of American State Bank to present this request for zone change from R-1 to AM Specific Use. No one appeared in opposition. Councilmember Ince closed the hearing at 11:06 a.m. 445 City Council Minutes June 22, 1995 Page 446 Randy Henson, Senior Planner, presented staff comments. As an extension of a previously approved Specific Use request, this proposal will provide an employee parking lot at the south end of the bank. Mr. Henson gave the adjacent land use relationships as follows: North - proposed bank South - residential East - residential West - apartments The proposed use is parking only. The adjacent residential will be buffered by a brick fence on the east and a brick pier with cedar insert fence on the south extending 15 feet north on Vicksburg Avenue. A significant amount of landscaping is also being proposed. The staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to pass on first reading Ordinance #9818 as recommended by P&Z and City staff. Motion carried: 4 Yeas; 0 Nays --Mayor Langston recused and excused himself from voting and discussion on this item. Councilmember Cooke was absent from the Chambers. Mayor Langston presided over the remainder of the meeting. (21.) ZONE CASE NO 2658-B (southeast corner of 50th Street and Gary Avenue) --Hold a public hearing to consider request of C.A.P. II (for Walgreens Stores, Inc) for a zoning change from C-3 to C-2 Specific Use for a drug store on a portion of Tract A, Monterey Center Addition, and to consider ordinance ORDINANCE #9819 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-13; A ZONING CHANGE FROM C-3 TO C-2 SPECIFIC USE ZONING FOR A DRUG STORE ON A PORTION OF TRACT A, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:08 a.m. Bernie Gradel and Rick Sanchez appeared on behalf of Walgreens Stores, Inc., to present this request for zone change from C-3 to C-2 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:14 a.m. Randy Henson, Senior Planner, presented staff comments. The previous Monterey Center parcel is currently zoned tied to a site plan. For any design of commercial structures other than that of the now defunct shopping center project, a change of zoning is required. ..R City Council Minutes June 22, 1995 Page 447 The Planning staff suggested Specific Use for Walgreens to delete several required parking spaces on the parcel that will allow salvaging some of the existing mature trees along 50th Street and to accommodate a corner sign that would otherwise require a separate variance request to the Zoning Board of Adjustment, because Gary Avenue is not a thoroughfare. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial The request meets both Comprehensive Land Use Plan and zoning policy. Eight parking spaces are deleted to accommodate a five foot increased setback of the structure and a wider landscape strip along 50th Street. The sign is a code size with the relief being a corner location in a large landscape area. The project will have little effect on the thoroughfare system. The Planning staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance #9819 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Cooke was absent from the Chambers. (22.) ZONE CASE NO 2757 (2301 15th Street) --Hold a public hearing to consider request of Greg Collier for a zoning change from R-2 to AM Specific Use for an office and duplex on Lot 1, Block 81, Overton Addition, and to consider ordinance. ORDINANCE #9820 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2757; A ZONING CHANGE FROM R-2 TO AM SPECIFIC USE ZONING FOR AN OFFICE AND DUPLEX ON LOT 1, BLOCK 81, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:16 a.m. Greg Collier appeared to present this request for zone change from R-2 to AM Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:18 a.m. Randy Henson, Senior Planner, presented staff comments. Mr. Greg Collier has expressed the desire to use an abandoned grocery store that was in place prior to the adoption of zoning in 1941 for an office related to his real estate rental business. In addition, he wishes to replace an older home on the rear of the lot with a duplex. To accommodate both, the staff recommended AM Specific Use. Mr. Henson gave the adjacent land use relationships as follows: 447 City Council Minutes June 22, 1995 Page 448 North - residential South - residential East - residential West - residential Tied to the site plan, the renovation of the current structure, the new duplex and the six on -site parking spaces will be an asset to the area. The project should not cause any traffic problems. Representatives of both neighborhood groups in Overton South expressed support for the project. The Planning staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance #9820 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (23.) ZONE CASE NO. 1864-D (southeast corner of 34th Street and Milwaukee Avenue) --Hold a public hearing to consider request of Ken Flagg (for Sonny Arnold) for a zoning change from C-2 to C-4 for office warehouse) on Tracts E-1, F, G, H and J� Park Lorraine Addition, and to consider ordinance ORDINANCE #9821 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1864-1); A ZONING CHANGE FROM C-2 TO C-4 ZONING ON TRACTS E-1, F, G, H AND J, PARK LORRAINE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:24 a.m. Ken Flagg appeared on behalf of Sonny Arnold to present this request for zone change from C-2 to C-4. No one appeared in opposition. Mayor Langston closed the hearing at 11:31 a.m. Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent land use relationships as follows: North - zoned C-1 South - single family East - A-2, partially developed as a church West - vacant "T" zoning EM City Council Minutes June 22, 1995 Page 449 The Comprehensive Land Use Plan suggests that C-4 or heavy commercial should be located on regional or state highways. Neither 34th Street nor Milwaukee Avenue fits this description. The proponent prepared a detailed site plan and conditions that offer an increased setback from the residential to the south, brick exterior walls on the building facades adjacent to streets, and a strike list of the heavier permitted uses that cause most of the concern in C-4. The site plan also deletes a normally required screening fence on La Salle Avenue because a portion of the project will have a business front on that street. The project is well within acceptable development guidelines. The project will have little negative impact on traffic in the area. The Planning Commission approved the request with the following condition: Tied to the proposed site plan for front and rear setbacks, landscape areas, building materials description, and the screening fence on the south side. The actual building sizes and locations are flexible within the 43 foot front and 30 foot rear setback lines. The C-4 zoning shall prohibit the following C-4 uses: Ambulance service Billboards Boat and boat trailers sales and service Bus station Commercial private clubs and teenage clubs Dance hall Game room, pool, billiard and/or domino parlor Golf driving range Hotel and motel Hot tamale plant Mobile home sales Monument sales Nightclub, bar or lounge Secondhand goods store or pawnshop Secondhand or used car sales lot Rental store Swimming pool, commercial or sales The two central buildings may be developed as a mini - warehouse complex or as the other office/warehouse structures. The Planning staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance #9821 with conditions as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the Chambers. City Council Minutes June 22, 1995 Page 450 (24.) ZONE CASE NO.2296-D (northwest corner of 81st Street and University Avenue) --Hold a public hearing to consider request of David Fleming (for Rod Warren) for a zoning change from C-2 and R-2 to C-4 Specific Use for a drive -through restaurant on Lots 57-60, Gatewood Addition, and to consider ordinance. ORDINANCE #9822 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2296-D; A ZONING CHANGE FROM C-2 AND R-2 TO C-4 SPECIFIC USE ZONING FOR A DRIVE -THROUGH RESTAURANT ON LOTS 57-60, GATEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:35 a.m. David Fleming appeared on behalf of Rod Warren to present this request for zone change from C-2 and R-2 to C-4 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:3 8 a.m. Randy Henson, Senior Planner, presented staff comments. The proposal is a drive-in restaurant with no indoor seating. Mr. Henson gave the adjacent land use relationships as follows: North - across an alley - half C-2 and half R-1, all 4 lots are vacant South - commercial East - commercial, vacant West - R-2, undeveloped The request is routine for both Comprehensive Land Use and zoning policy with the exception of the depth from University Avenue. To the north, most of the development or zoning for commercial is two lots deep from University Avenue. The block to the south is already zoned commercial. The proposed use should not have a significant effect on traffic in the area. As approved, the proposed site plan was amended to include an eight foot masonry fence on the west (with a step down to 81 st Street) and along the north property line of the west two lots with a step down toward University Avenue. The Planning staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9822 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. 450 City Council Minutes June 22, 1995 Page 451 (25.) ZONE CASE NO.2444-A (northeast corner of Frankford Avenue and proposed 55th Street) --Hold a Public hearing to consider request of Kimley-Horn and Associates (for Horne Properties) for a zoning change from C-4 to C-4 Specific Use for a building/home supply center with a garden center on a portion of Section 28, Block E-2 and to consider ordinance. ORDINANCE 49823 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2444-A; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A BUILDING/HOME SUPPLY CENTER WITH A GARDEN CENTER ON A PORTION OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:43 a.m. Kevin Gaskey appeared on behalf of Horne Properties to present this request for zone change from C-4 to C-4 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:53 a.m. Randy Henson, Senior Planner, presented staff comments. The request is filed to accommodate three items not allowed by the existing zoning — C-4 with IDP development standards. The 3 items are as follows: Provide an outdoor garden center screened with black dipped chain link fence on the east side (Loop 289). The proposed garden center does not meet the Code definition for being enclosed within the structure. The Specific Use Permit will allow this flexibility. The south facade of the garden center toward the main parking lot and front of the structure has the looks of being part of the main structure. Permit an outdoor storage area at the northeast corner that is completely screened from view by an 18 foot chain link fence with vinyl slats. Provide a ten -foot setback for the structure from Frankford Avenue. Mr. Henson gave the adjacent land use relationships as follows: North - C-4, vacant South - M-1 East - Loop 289 West - IDP The request is consistent with Comprehensive Land Use Plan and zoning policies. Frankford Avenue and 50th Street will eventually be functioning elements of the thoroughfare system, and the property has a service road of Loop 289 on the east. Although the facility will generate a substantial amount of traffic, the adjacent streets will easily handle the traffic. 451 City Council Minutes June 22, 1995 Page 452 Because of drainage considerations the structure is oriented east/west, with the front to the south. The site plan indicates an extension of a chain link fence with vinyl slats on the north face to shield the truck well. The Planning staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance #9823 as recommended by P&Z and City staff, with the condition that questions on the part of the proponent regarding outside displays would be clarified prior to second reading. Motion carried: 6 Yeas; 0 Nays. Council recessed into executive session at 11:55 a.m. (33.) Confirm reappointment of Cyril Reasoner and Duane McQueen to the Building Board of Appeals Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Cyril Reasoner and Duane McQueen to the Building Board of Appeals. Motion carried: 6 Yeas; 0 Nays. (34.) Confirm appointment of Wilma Wright to the Committee for Women. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Wilma Wright to the Committee for Women. Motion carried: 6 Yeas; 0 Nays. (35.) Confirm appointment of Edwin Scott, Jr., Todd McKee, R.C. Douglas and John Kimbley to the Community Development Advisory Committee Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Edwin Scott, Jr., Todd McKee, R. C. Douglas and John Kimbley to the Community Development Advisory Committee. Motion carried: 6 Yeas; 0 Nays. (36.) Confirm appointment of Terrie Espino to the Community Services Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Terrie Espino to the Community Services Commission. Motion carried: 6 Yeas; 0 Nays. (37•) Confirm appointment of Doyle Berry and Kristie Denton to the _ Drainage Criteria Advisory Committee Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Doyle Berry and Kristie Denton to the Drainage Criteria Advisory Committee. Motion carried: 6 Yeas; 0 Nays. 452 City Council Minutes June 22, 1995 Page 453 (38.) Confirm reappointment of Judi Blakey, Elwood Keeney, Jr., and John Zwiacher to the Electric Utility Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Judi Blakey, Elwood Kenney, Jr., and John Zwiacher to the Electric Utility Board. Motion carried: 6 Yeas; 0 Nays. (39.) Confirm appointment of Judith Hogg to the Lubbock Libraries Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Judith Hogg to the Lubbock Libraries Board. Motion carried: 6 Yeas; 0 Nays. (40.) Confirm reappointment of Sherry Hurst to the Lubbock Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Sherry Hurst to the Lubbock Public Transit Advisory Board. Motion carried: 6 Yeas; 0 Nays. (41.) Confirm appointment of Jerry Posey to the Neighborhood Certification Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Jerry Posey to the Neighborhood Certification Committee. Motion carried: 6 Yeas; 0 Nays. (42.) Confirm appointment of Ric Shannon to the Park and Recreation Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Ric Shannon to the Park and Recreation Board. Motion carried: 6 Yeas; 0 Nays. (43.) Confirm appointment of Ray Irvin to the Permit and License Anneal Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Ray Irvin to the Permit and License Appeal Board. Motion carried: 6 Yeas; 0 Nays. (30.) Hold an executive session, in accordance with V.T.C.A. Government Code Section 551.074(a)((1) to discuss Personnel matters City Manager and City Secretary). (31.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551 071()(A), to discuss pending or contemplated litigation (Planning and Water Utilities). (32.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase, exchange lease or value of real property (Culture & Leisure Services). 453 City Council Minutes June 22, 1995 Page 454 (32A.) 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: Lubbock Power and Light Review Committee There being no further business to come before Council, motion was made by Councilmember Patterson, seconded by Cou ' ember Cooke to adjourn the meeting at 1:31 p.m. Motion carried: 4 Yeas; 0 Nay -Counci ember Hernandez and Councilmember Sitton were absent from ambers. ATTEST: g4::� a nr�� - Betty k"JohnsolY, City Secretary Read and approved this the 13th day of ATTEST: &jj'- ��c' - Betty M. Johnson, ity Secretary rj DAVID R: LANGSTONIMAYOR 454