Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 7/27/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING July 27, 1995 9:30 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 27th day of July 1995, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 9:30 A.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Absent: Councilmember Max L. Ince. Mayor Langston called the meeting to order at 9:34 A.M. ( 1.) The Invocation was given by Reverend Sam B. Hulsey, Bishop of the Episcopal Diocese of Northwest Texas. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. The City Council recessed to executive session at 9:34 a.m. and then reconvened at 10:00 a.m. ( 3.) Board Appointments. There were no board appointment certificates to be presented. ( 3A.) Mayor Langston awarded an honorary citizenship certificate to Cristian Medeleanu, an intern with the Small Business Development Center. (4.) Burl Masters, President of Civic Lubbock, Inc., will appear to present the FY1995-96 Civic Lubbock, Inc., budget. Burl Masters presented the FY1994-95 Civic Lubbock, Inc., budget, as follows: Estimated commissions to be paid by Civic Lubbock, Inc., to the City of Lubbock are $282,600. This reflects a 75 percent increase due to raising the commission that is paid to the City from 20 percent to 30 percent. It is also due, in part, to an increase in selected concession pricing that became effective in May 1995. Staff also anticipates an increase in summer events due to the installation of air conditioning at the Coliseum and the enhanced focus on marketing efforts. A 17 percent increase in concession sales is forecast. A per -hour salary increase for part-time concession employees is included in the proposed budget. The hourly rate will increase from $4.50/hour to $5.00/hour for workers and from $5.00/hour to $5.50/hour for concession stand managers. City Council Minutes July 27, 1995 Page 502 The budgeted revenues and expenditures for the Meadowbrook Golf Course have been eliminated due to the privatization of the golf course. Staff is projecting that Select -A -Seat revenues will exceed operating expenses by $17,238. The profit projected is largely due to the significant reduction in depreciation expense as well as the anticipated volume of ticket sales expected in the coming year. The Board re-evaluated the local grant program and allocated $10,000 to be used to underwrite various local programs and are recommending funding for eight events: Symphony in the Schools $1,200 Annual Senior Citizens Concert 1,400 Holiday Happening 600 Ballet Lubbock "Nutcracker" 750 Texas Tech Rodeo 1,750 Science Fair 2,400 Miss Lubbock Pageant 775 Guadalupe Dance Theatre 1,000 $9,875 In addition, an amount of $40,000 has been set aside to sponsor or co-sponsor major touring productions/shows. The Board will make decisions regarding the expenditure of these funds on a case - by -case basis. The primary focus will be to attract major shows which will generate significant revenues for Civic Lubbock, Inc., and the City through rent, concessions and ticketing revenues. The allocation for Art and Beautification totals $8,250. These expenditures reflect the costs associated with the maintenance of the plant tree and various planters located in and around the plaza of the Civic Center. The projected net profit for 1995-96 is projected to be $76,143. This projected profit will assist Civic Lubbock, Inc., in building back the operating reserves that have diminished over the last several years. In conclusion, Mr. Masters noted that by combining all expenditures, including money paid to the City, local vendors and labor, Civic Lubbock, Inc., will have a direct impact of over $800,000 on the local economy during the fiscal year 1995-96. The City Council encouraged the Board of Directors of Civic Lubbock, Inc., to look at all entertainment venues in the region for marketing by Select -A -Seat as well as considering advertisements in newspapers in the surrounding small towns for Lubbock entertainment venues. No action of the budget was required by the City Council. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve the minutes of the July 13, 1995, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. 502 City Council Minutes July 27, 1995 Page 503 (6.) Consider Resolution #4903 authorizing the Mayor to execute a contract with Clancy Systems International, Inc., for the lease of a hand-held parking ticket system. RESOLUTION 44903 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, attached herewith, by and between the City of Lubbock and Clancy Systems International, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of July 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Thomas W. Tuning Thomas W. Tuning, Director of Information and Communication Services 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 Clancy Systems International, Inc., is filed with Resolution No. 4903. According to staff memo, six City parking control officers issue a total of 50,000 to 60,000 handwritten parking tickets annually and information is manually entered into the Municipal Court computer system at the end of each day. The Computerized Parking Citation Issuance and Management System will automate this process. The system will provide six hand-held, battery powered computers that will generate parking tickets, store the information, and provide for an automated upload capability to the Municipal Court system. Additional features of the system include report generation, noticing, dispositions, postings, and look -up capabilities. A 12-month lease agreement that provides for a transactional pricing fee of $.50 per valid citation will cost between $25,000 (50,000 tickets) and $30,000 (60,000 tickets). After the initial 12-month lease period, the City can elect to purchase the system, continue the transactional fee lease, or discontinue the use of the system. Funding for the system is proposed in the 503 City Council Minutes July 27, 1995 Page 504 1995-96 Municipal Court operating budget and is offset by a reduction in staff. No new funding is required. The system is scheduled to be operational in October 1995. The Municipal Court, Police Department, and Information Services recommended approval of the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4903 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 7.) Consider the Price and condition of sale of Parcel Number 15760-13-20 at 2001 Date Avenue in the Chatman Hill Area According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Texas Builders, Inc., for $400. The proposed development is a new 2,448 square foot single-family residence valued at $71,000. This proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area adopted by the Urban Renewal Board of Commissioners on August 15, 1989. The Housing Rehabilitation staff recommended the approval of the proposed sale. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize the sale as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 8.) BID 913288--Underground Electrical Distribution Items - Annual Pricing (Central Warehouse). Wesco--1 Ea. Molimeter Assembly #4/0, Item No. 594040069; 1 Ea. Molimeter Assembly #500, Item No. 594040070; 1 Ea. Mole 250V 1500A 12 Taps, Item No. 594040086; 450 Ea. Two Conductor Insulating Boot, Item No. 596110010; 450 Ea. One Conductor Insulating Boot, Item No. 59611001 l; 100 Ea. Break - A -Way Fuse Holder, Item No. 596110006; 450 Ea. Break -A -Way Connector, Item No. 596110014. Poleline Electric--1 Ea. 15KV Stress Cone #2 AWG, Item No. 594040160; 1 Ea. Bushing Extension 15KV 600A, Item No. 594040161; 30 Ea. 15KV Stress Cone 4110 AWG, Item No. 594040165; 1 Ea. 15KV Stress Cone #4/0 AWG, Item No. 594040166; 1 Ea. 15KV Stress Cone #500 KC Mil, Item No. 594040167; 10 Ea. 15KV Bushing Well 600A to 200A, Item No. 594040168; 1 Ea. 15KV Grounding Device #2 AWG, Item No. 594040174; 1 Ea. 15KV Elbow Housing 600A, Item No. 594040175; 1 Ea. 15KV Elbow Cable Adapter 600A, Item No. 594040176; 1 Ea. 15KV Elbow Plug 600A, Item No. 594040177; 1 Ea. 15KV Insulating DE Plug 600A, Item No. 594040179; 1 Ea. 15KV Elbow Probe 200A, Item No. 594040182; 1 Ea. 15KV Connecting Plug 600A, Item No. 594040186; 1 Ea. 15KV Grounding Device #4/0, Item No. 594040202; 1 Ea. 15KV Elbow Cable Adapter 600A, Item No. 594040203; 450 Ea. Break -A -Way Fuse Holder, Item No. 596110013. 504 City Council Minutes July 27, 1995 Page 505 Techline, Inc.--1 Ea. 15KV Bushing Insert 200A, Item No. 594040169; 10 Ea. 15KV Feed Thru Bushing 200A, Item No. 594040170; 1 Ea. 15KV Replacement Stud 600A, Item No. 594040180; 350 Ea. 15KV Elbow 200A #1/0 AWG, Item No. 594040181; 1 Ea. 15KV Parking Bushing 200A, Item No. 594040198; 1 Ea. 15KV UED Splice #2 AWG, Item No. 594040162; 1 Ea. 15KV UED Splice #1/0, Item No. 594040193; 1 Ea. 15KV UED Splice #4/0, Item No. 594040195; 1 Ea. 15KV Elbow 200A #2 AWG, Item No. 594040172; 50 Ea. 15KV Elbow 200A #4/0, Item No. 594040201; 1 Ea. 15KV Elbow #4/0 Connector 200A, Item No. 594040204. Temple, Inc.--200 Ea. 15KV UED Bushing Cover 200A, Item No. 594040171; 1 Ea. 15KV Elbow #2 Connector 200A, Item No. 594040183; 1 Ea. 15KV Elbow #1/0 Connector 200A, Item No. 594040184; 80 Ea. 15KV 4-Way Bushing Junction, Item No. 594040200; 1 Ea. 15KV 2-Way Bushing Junction, Item No. 594040218; 1 Ea. 15KV Fault Indicator 1000A, Item No. 594040220; 1 Ea. 15KV Feed Thru Bushing Insert, Item No. 594040221; 150 Ea. Pedestal Support Steel Shake, Item No. 597540096; 25 Ea. 3PH 15KV Metal Box 30 x 66 x 22", Item No. 597540195; 20 Ea. 1PH 15KV Metal Box 18 x 26 x 42", Item No. 597540201; 300 Ea. UED Junction Box (Small), Item No. 621010064; 600 Ea. Multibar Connector #4/0 - #350, Item No. 594040106; 50 Ea. Multibar Connection 4500 - #750, Item No. 594040107. Cummins Utility Supply--1 Ea. 15KV Elbow #500 Connector 200A, Item No. 594040185; 1 Ea. 15KV 3-Way Bushing Junction, Item No. 594040199; 150 Ea. Secondary Pedestal 8 x 8 x 30", Item No. 597540094; 7 Ea. 15KV Pothead #2, CU Tape Shield, Item No. 594040163; 125 Ea. 15KV Pothead #1/0 Al, Item No. 594040164; 15 Ea. 15KV Pothead #500 CU Tape Shield, Item No. 594040187; 1 Ea. 15KV Pothead #4/0 CU Tape Shield, Item No. 594040188; 1 Ea. 15KV Pothead Connector, Item No. 594040189; 1 Ea. 15KV Pothead 44/0 Al, Item No. 594040191; 1 Ea. 15KV Pothead #250 CU Tape Shield, Item No. 594040196. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (9.) BID #13303--Auditorium Stage Lighting Renovation - Phase I, and authorize same (Civic Center RESOLUTION #4904 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 Stagelight, Inc., of Houston, Texas to furnish and install all services and materials as bid for the Auditorium Stage Lighting Renovation - Phase I 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. 505 City Council Minutes July 27, 1995 Page 506 Passed by the City Council this 27th day of July 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 /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Ice] Z4 II STATE OF TEXAS 8 COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 27th day of July 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 Stagelight, Inc., of the City of Houston, County of Harris, 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. 13 3 03 --Auditorium Stage Lighting Renovation - Phase I in the amount of $75,195.00 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. 506 City Council Minutes July 27, 1995 Page 507 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/ Name Not Legible ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor /s/ Don Vandiver Stag-elight, Inc. CONTRACTOR By: /s/ Jerome A. Dunn TITLE: President Stagelight, Inc. 2310 Richton Houston, Texas 77098 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4904 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (10.) BID #13306--Acid Cleaning - Boiler No. 6 at Lubbock Power & Light, and authorize same (Electric Production). RESOLUTION 94905 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 Hydrochem Industrial Services, Inc., of Deer Park, Texas to furnish and install all services and materials as bid for the Acid Cleaning -Boiler No. 6 at Lubbock Power & Light, 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. 507 City Council Minutes July 27, 1995 Page 508 Passed by the City Council this 27th day of July 1995. Ls/ 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 6 COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 27th day of July 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 HydroChem Industrial Services, Inc., of the City of Deer Park, County of Harris, 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. 13306--Acid Cleaning - Boiler No. 6 at Lubbock Power & Light Electric Production in the amount of $27,914.00 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. 1: City Council Minutes July 27, 1995 Page 509 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ Jay Wadsworth ATTEST: /S/ Michael Stoller Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver HydroChem Industrial Services, Inc CONTRACTOR By: /s/ William Ingram TITLE: Chief Financial Officer COMPLETE ADDRESS: Hydrochem Industrial Services, Inc. P.O. Box 820 Deer Park, Texas 77536 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4905 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) Consider Ordinance #9824 abandoning and closing a five-foot underground utility easement located in the Whisperwood Addition (5120 2nd Street). ORDINANCE 49824 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5- FOOT UNDERGROUND UTILITY EASTMENT LOCATED IN LOT 105, WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLET SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance abandons and closes a five-foot LP&L underground utility easement located along the west five feet of Lot 105, Whisperwood Addition. This easement is being closed for building purposes by Bobby Griffin. A new easement will be dedicated along the east five feet of Lot 105 LP&L has approved this closure. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9824 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 509 City Council Minutes July 27, 1995 Page 510 (12.) Consider Ordinance #9825 abandoning and closing an underground utility easement located in Lot 32, Brentwood Club Addition (5401 Brentwood Circle). ORDINANCE #9825 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 32, BRENTWOOD CLUB ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. According to staff memo, this underground utility easement on Lot 32 was dedicated by separate instrument to the City for LP&L in 1973 and measures 20 feet by 58 feet. This lot is being replatted for building purposes and this easement is not needed by LP&L. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9825 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) Consider Ordinance 99826 abandoning and closing a two -foot underground street light cable easement located in the Ellwood Place Addition (2814 23rd). ��3191] l►"►re �'�.�:3►�� AN ORDINANCE ABANDONING AND CLOSING A TWO -FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN ELLWOOD PLACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance abandons and closes a street light easement along the west two feet of Lot 4, Block 30, Ellwood Place Addition. A new easement has been dedicated along the east two feet of the same lot to replace this easement being closed. LP&L has approved this closure. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9826 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 510 City Council Minutes July 27, 1995 Page 511 (14.) Consider Resolution 94906 authorizing the Mayor to execute a service agreement between the City of Lubbock and Laidlaw Environmental Services, Inc., for the collection, transportation and disposal of household hazardous waste. RESOLUTION 44906 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 Services Agreement by and between the City of Lubbock and Laidlaw Environmental Services, Inc., for a household hazardous waste collection program, 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 27th day of July 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Steven D. Johnson Steven D. Johnson, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Trial Attorney A copy of the Services Agreement by and between the City of Lubbock and Laidlaw Environmental Services, Inc., is filed with Resolution No. 4906. According to staff memo, as part of the agreement with the Texas Natural Resource Conservation Commission (TNRCC), the City of Lubbock agreed to provide a Household Hazardous Waste Collection Day Event on October 21, 1995, at the South Plains Fair Grounds. The City of Lubbock must expend $26,000 for the actual collection, transportation and disposal of the material and $4,000 for advertisement of the project via LP&L bill stuffers. In addition, the Solid Waste Department must advertise the program with public service announcements on radio and/or television and in the local newspaper. The funds for this project have been budgeted in the Solid Waste Landfill Budget for FY1995-96. The City of Lubbock advertised for proposals to be submitted for the collection, transportation, and disposal of waste received at the Household Hazardous Waste Collection Day Event. 511 City Council Minutes July 27, 1995 Page 512 Following review and rating of the proposals, the evaluation committee selected Laidlaw Environmental Services, Inc., (LES) to provide the technical service for the City of Lubbock's event. Major provisions of the agreement are as follows: LES will be the City's contractor to conduct the Household Hazardous Waste Collection Program on October 21, 1995. LES will be responsible for the collection, packaging, transportation and disposal of the hazardous waste collected. LES will have on -site employees or agents trained in the identification of hazardous and acutely hazardous waste as defined by federal or state laws. LES will provide materials and equipment necessary to handle, contain, label, load and transport such wastes to the service area in a manner conforming to state and federal laws. City employees will screen program participants via current water bills, to ensure that they are City of Lubbock residents. No waste from commercial businesses will be accepted. LES will not accept certain wastes such as compressed gas cylinders, explosives, shock sensitive materials, or ammunition, as outlined in Section II, Paragraph C, of the service agreement. Paragraph D of the service agreement outlines provisions for dealing with waste chemicals that are listed in Paragraph C of the service agreement, should these waste chemicals be brought to the site. Either party has the option to terminate the agreement with 60 days prior written notice. LES will be responsible for record keeping and paperwork of all wastes accepted by LES. LES will have valid EPA identification numbers and a valid state permit for transportation of hazardous wastes. The agreement states that minimum payment will be $26,000, and cost for receiving any waste above $26,000 minimum, including special conditions, will be based on quantity, type and disposal method as outlined in the fee schedule. Staff recommended that Council authorize the Mayor to execute the service agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4906 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 512 City Council Minutes July 27, 1995 Page 5 (15.) Consider Resolution #4912 authorizing the Mayor to execute a Temporary Park License Agreement allowing the Lubbock Hispanic Chamber of Commerce to host a Battle of the Bands Concert at the Budd Holly Recreation Area on August 19, 1995, that will include the sale and consumption of alcoholic beverages. RESOLUTION #4912 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Temporary Parks License Agreement and all related documents by and between the City of Lubbock and Lubbock Hispanic Chamber of Commerce to provide public facilities for a public concert, which license agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of July 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director Culture & Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Temporary Parks License Agreement by and between the City of Lubbock and Lubbock Hispanic Chamber of Commerce is filed with Resolution No. 4912. Mayor Pro Tern Neugebauer asked that this item be removed from consent agenda and moved to the regular agenda for discussion. Carolyn Aliamus, Director of Culture and Leisure Services, presented staff comments. On July 7, 1995, the Parks and Recreation staff was contacted by the Lubbock Hispanic Chamber of Commerce (LHCC) to host a Battle of the Bands Concert at the Buddy Holly Recreation Area, including use of the Landwer Party 513 City Council Minutes July 27, 1995 Page 514 House, on August 19, 1995. This request included the desire to allow the sale and consumption of alcoholic beverages as part of the event. Since there is no Park and Recreation Board meeting in July, each member was briefed about this request. The park area was reserved for the event with details to be worked out with the Parks and Recreation Staff. Guidelines and procedures have been developed to ensure that special concerts or events provide for proper control, access, security and management when alcohol is sold on the property. The Parks and Recreation staff also has policies, procedures, and operating regulations that each group is mandated to follow for each concert or event unless their specific lease exempts them from a provision. In order to ensure that this event will have proper security and other safeguards to provide an orderly event, the following are provided in the lease agreement: Security Fencing by the LHCC Alcoholic Beverage Concessions -Maximum of 2 stands Liability Insurance - $1,000,000 by LHCC Security - 3 officers per 1,000 participants Parking - off site parking south of concert site Concessions - ($200 per space) Restroom facilities - minimum of 30 First Aid Stations - minimum of 2 Bands by LHCC Promotion by LHCC Litter Control by LHCC Dumpsters - minimum of 6 by LHCC The LHCC has previously held a similar event under this agreement and has agreed to the fee of $750 to utilize the Buddy Holly Recreation Area. Funds raised by this event will be for the future development and construction of an amphitheater at the Buddy Holly Recreation Area. The resolution will allow the Mayor to enter into a temporary park license agreement that will allow the LHCC to sell alcoholic beverages during their Battle of the Bands Concert. City staff and the Park and Recreation Board recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4912 as recommended by staff. Motion carried: 5 Yeas; 1 Nay --Mayor Pro Tern Neugebauer. 514 City Council Minutes July 27, 1995 Page 515 (16.) Consider Resolution #4907 authorizing the Mayor to execute an agreement with Host Marriott Service Corporation for lunchroom and vending services. RESOLUTION 94907 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 Cafeteria Management Agreement by and between the City of Lubbock and Host Marriott Services Corporation, attached hereto in triplicate originals, 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 27th day of July 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/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Cafeteria Management Agreement by and between the City of Lubbock and Host Marriott Services Corporation is filed with Resolution No. 4907. According to staff memo, a decision was made in March 1995 to discontinue operation of the lunchrooms at Municipal Square, Municipal Hill and the Municipal Building. The four full-time positions in the lunchroom operations were eliminated through a reduction in force. A request for proposals was issued on March 10, 1995, and proposals received on April 18, 1995. The RFP requested proposals on food service and/or vending machine service. 515 City Council Minutes July 27, 1995 Page 516 Following review and rating by an evaluation committee, it was determined that Host Marriott Service Corporation submitted the best proposal. Key components of the contract are as outlined below: Contract term of three years with the option of renewal for three additional one-year periods. Lunchroom service will be provided at Municipal Hill and the Municipal Building. Service could later be expanded to include the Municipal Square. Host Marriott will have the rights to vending service at all three locations. Host Marriott will be charged with no rent for the first full year of operation. In following years, the rent will be three percent of gross receipts, exclusive of sales tax. The agreement can be terminated by either party with a 90-day written notice. Staff recommended approval of the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4907 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Resolution #4908 authorizing the Mayor to execute a contract with Robinson Burdette Martin & Cowan, L.L.P., for audit services for the City of Lubbock. RESOLUTION #4908 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Robinson Burdette Martin & Cowan, L.L.P., for the audit of the City of Lubbock's general purpose financial statements, 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. 516 City Council Minutes July 27, 1995 Page 517 Passed by the City Council this 27th day of July 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 Hindman Mark Hindman, Director of Support Services APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the agreement for audit services with Robinson Burdette Martin & Cowan, L.L.P., is filed with Resolution No. 4908. According to staff memo, in 1990 the City of Lubbock contracted with the present external auditing firm of Robinson Burdette Martin & Cowan, L.L.P. The audit fee for 1990 was estimated at a $2,000 decrease over the prior year's contract. Actual cost savings realized were approximately $12,000. Fees for subsequent years were increased due to cost of living increases and additional services performed. The contract for audit services with Robinson Burdette Martin & Cowan, L.L.P., expired in May 1995. In May 1995, City staff performed a survey of audit costs for comparable Texas cities. The result of the survey was that the City of Lubbock audit fees are very competitive and reasonable. Robinson Burdette Martin & Cowan, L.L.P., has offered a price of $89,800 to perform the audit for 1994-95. This represents an annual cost of living increase of just under 3 percent annually over their 1990 estimated price. Also included is an hourly rate for 1995-96 and 1996-97, which includes an annual 3 percent cost increase. While City staff does not propose to make the audit contract an evergreen contract, City staff does propose to extend the contract for audit services with Robinson Burdette Martin & Cowan, L.L.P., for three years and at the end of that three-year period to seek competitive proposals for audit services. City staff proposed that the contract with Robinson Burdette Martin & Cowan, L.L.P., be extended for three years. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4908 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 517 City Council Minutes July 27, 1995 Page 518 (18.) Consider Resolution #4909 authorizing the City Manager to execute a grant application and all related documents for federal assistance for the Lubbock/Reese Redevelopment Committee. RESOLUTION #4909 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a grant application and all related documents, for Federal assistance for the Lubbock/Reese Redevelopment Committee, which application 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 27th day of July 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s_ Quentin Thomas Quentin Thomas, Manager Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the grant application for the Lubbock/Reese Redevelopment Committee is filed with Resolution No. 4909. According to staff memo, the City staff has initiated a request for a grant of $28,924 from the Office of Economic Adjustment. This grant requires a 25 percent match from the requester, of which 10 percent must be in cash. We have recently been contacted by an officer from the Office of Economic Adjustment who has advised that the grant can be amended to $125,000. This will require the same match percentage from the requester ($12,500). These funds will support the establishment of the Lubbock/Reese Redevelopment Committee as well as the office, staff, travel, and related costs. It is likely that these monies will also be the first such money for the initiation of the redevelopment plan for Reese AFB and assist with expanding the office as the workload on this project increases beyond the ability of current staff to accommodate on a part-time basis. As the redevelopment process 518 City Council Minutes July 27, 1995 Page 519 progresses, funding requests will be made to other federal and state agencies involved in economic adjustment assistance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4909 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution #4910 authorizing the Mayor to execute a cattle grazing rights contract. RESOLUTION #4910 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 Cattle Grazing Contract by and between the City of Lubbock and Glen Franklin Cattle Company, 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 27th day of July 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, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Cattle Grazing Contract by and between the City of Lubbock and Glen Franklin Cattle Company is filed with Resolution No. 4910. The current holder of the cattle grazing contract at the Land Application Site, F Slash Company, has chosen to terminate its contract. As provided in the contract, F Slash Company gave the City four weeks' notice which thereby terminated the contract on July 14, 1995. The farm manager recommended that the contract be auctioned instead of assigned. On July 19, 1995, the cattle grazing contract was auctioned and won by Glen Franklin of House, N.M. Mr. Franklin would be bound by provisions of the 519 City Council Minutes July 27, 1995 Page 520 original contract, including the term of the contract which runs to July 1996. Mr. Franklin is a reputable cattleman with whom the Land Application Site has done business in the past. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4910 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (20.) Consider Resolution #4911 authorizing the Mayor to sign an amended agreement between Civic Lubbock, Inc., and the City of Lubbock. RESOLUTION #4911 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, attached herewith, by and between the City of Lubbock and Civic Lubbock, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of July 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture and Leisure Services 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 Civic Lubbock, Inc., is filed with Resolution No. 4911. The current agreement between the City of Lubbock and Civic Lubbock, Inc., which was approved on May 23, 1991, provides that Civic Lubbock, Inc., pay a quarterly commission of 20 percent of gross concession sales to the City of Lubbock. Due to the increasing need to provide a higher level of cost recovery for the Civic Center and Auditorium -Coliseum facilities, the Civic Center staff proposed to the Civic Lubbock, Inc., Board of Directors that 520 City Council Minutes July 27, 1995 Page 521 they increase their commissions to assist with that endeavor. In researching other comparable facilities, it was found that the commissions received by the facilities ranged anywhere from 30 percent to 46 percent. Most venues receiving the higher percentages were contracts with concessionaires that do not perform any other function within the facilities as Civic Lubbock, Inc., does such as promotion of cultural events and operation of ticketing service. Additionally, some housekeeping items were incorporated into the revised agreement. Key provisions of the revised agreement are as follows: The Commission to be paid to the City of Lubbock was increased from 20 percent to 30 percent. Based on budget estimates for 1995-96, this will generate an additional $120,000 in revenue for the City facilities. The increased percentage will go into effect beginning October 1, 1995, with the first quarterly payment being January 1996. The operation of the Meadowbrook Snack bar was deleted from the license for all food, beverage and other concession sales. With the privatization of the Meadowbrook Golf Course, it is no longer necessary for Civic Lubbock, Inc., to operate those concessions. The salary reimbursement arrangement was incorporated into the agreement. Historically, Civic Lubbock, Inc., has reimbursed the City for any full-time positions that were needed to properly carry out its concessions, accounting and box office functions. Staff felt that the arrangement needed to be stated in the agreement. Any Civic Lubbock, Inc., fund balance remaining after the contribution to its operating reserve account will now be placed into a reserve to fund future equipment needs for their operations or to further their purpose as stated in their Charter. The existing agreement called for any excess fund balance to be placed in a major project reserve. Expenditures from that reserve could only be used for capital expenditure improvements to the Civic Center or Auditorium -Coliseum and only with Council approval. With the increase in commission fees, less fund balance will be available to serve that particular purpose. Civic Lubbock, Inc., needs to ensure it can replace its own capital equipment necessary for the concessions and box office operations when required and that funds are available to sponsor and co-sponsor various activities as stipulated by their Charter. City staff recommended that the revised agreement be approved. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4911 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 521 City Council Minutes July 27, 1995 Page 522 (21.) ORDINANCE #9794--Abandoning and closing Portions of 86th Street and Boston Boulevard located in Section 13, Block E-2 (2610 86th Street). ORDINANCE #9794 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 86TH STREET AND BOSTON BOULEVARD LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Right -of -Way Department recommended the approval of the second reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance 49794 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tem Neugebauer excused and recused from discussion and voting on this item. (22.) ZONE CASE NO 515-C (northeast corner of 50th Street and Memphis Avenue) --Hold a public hearing to consider request of Bob Wilson for a zoning change from C-3 to C-4 limited to a service station with trailer and truck rentals and C-3 permitted uses on a tract out of Lot 204, Murryhill Addition, and to consider ordinance. ORDINANCE #9827 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 515-C; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON A TRACT OUT OF LOT 204, MURRYHILL ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:30 a.m. Bob Wilson appeared to present this request for zone change from C-3 to C-4. No one appeared in opposition. Mayor Langston closed the hearing at 10:32 a.m. According to staff memo, the single purpose of this request is to accommodate the rental of trailers and trucks at this location. The adjacent land use relationships are as follows: North - commercial South - bank East - bowling alley West - gasoline service station The request meets both Comprehensive Land Use Plan and zoning policy. Trailer rental locations have traditionally created problems for neighbors and the public because stored units typically 522 City Council Minutes July 27, 1995 Page 523 encroach on the parkway and often cover up the lot. This problem has been resolved by allowing only a limited number of units in front of the building. Examples where this has worked well are 66th Street and University Avenue and 19th Street and Quaker Avenue. The proponent indicated this would not be a problem and that he felt he has adequate room to store additional units on the rear of his property. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: Limited to trailer/truck rentals and all unconditionally permitted C-3 uses. There shall be no more than two rental units parked between the front of the building and the adjacent streets, and the units shall be parked outside of the vision triangle. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9827 with conditions as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (23.) ZONE CASE NO.2758 (5220 75th Street) --Hold a public hearing to consider request of Art Willey (for Creative Child Development Center) for a zoning change from GO to A-2 limited to a day care center on Lot B-2-A, Farrar Estates Addition, and to consider ordinance ORDINANCE #9828 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2758; A ZONING CHANGE FROM GO TO A-2 ZONING ON LOT B-2-A, FARRAR ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:32 a.m. A request for zone change from GO to A-2 was presented. No one appeared in opposition. Mayor Langston closed the hearing at 10:34 a.m. According to staff memo, this request is for a zone change from Garden Office to A-2 to accommodate a day care center. The adjacent land use relationships are as follows: North - apartment South - park East - vacant garden office West - vacant garden office 523 City Council Minutes July 27, 1995 Page 524 This case is consistent with the Comprehensive Land Use Plan. The Plan shows medium to high density residential. The Zoning Code treats garden office as a lateral with A-1 and A-2 as it relates to the Comprehensive Land Use Plan. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to a day care center and all unconditionally permitted GO uses. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9828 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (24.) ZONE CASE NO.2103-C (southeast corner of 73rd Street and Avenue Y)--Hold a public hearing to consider request of Ted Rushing (for Lubbock Commercial Buildings) for a zoning change from C-2 to C-4 Specific Use for an office warehouse on Tract J-2, Sportsman Addition, and to consider ordinance. ORDINANCE #9829 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2103-C; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING FOR AN OFFICE WAREHOUSE ON TRACT J-2, SPORTSMAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:34 a.m. Ted Rushing appeared on behalf of Lubbock Commercial Buildings to present this request for zone change from C-2 to C-4 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:35 a.m. According to staff memo, this request is for C-4 Specific Use to allow an office warehouse development for contractors. The adjacent land use relationships are as follows: North - heavy commercial South - non -conforming TV station and car wash East - light commercial West - heavy commercial The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to a contractor's office warehouse development and all unconditionally permitted C-3 uses. 524 City Council Minutes July 27, 1995 Page 525 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 #9829 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (25.) ZONE CASE NO.2296-E (north of 80th Street and west of University Avenue) --Hold a public hearing to consider request of Dale Kincer for a zoning change from R-2 to GO for an office building on Tract C, Gatewood Addition, and to consider ordinance. ORDINANCE #9830 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2296-E; A ZONING CHANGE FROM R-2 TO GO ZONING ON TRACT C, GATEWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:35 a.m. Dale Kincer appeared to present this request for zone change from R-2 to GO. No one appeared in opposition. Mayor Langston closed the hearing at 10:38 a.m. According to staff memo, this request is to change a small parcel of land from R-2 to GO Garden Office. The adjacent land use relationships are as follows: North - vacant R-2 South - vacant R-1 East - vacant, commercial and a fast food restaurant West - vacant R-2 and a church for the remainder of the block face The Comprehensive Land Use Plan considers garden office a comparable buffer to R-2. Historically, commercial development along University Avenue from 78th Street south has been kept to a depth of two lots. This two -lot depth was broken recently with the zone case for the Sonic Drive-in Restaurant. Discussion during the Planning and Zoning Commission meeting indicated that this development will be compatible. The Planning and Zoning Commission recommended approval of this request subject to the following condition: The exterior of the structure shall be substantially surfaced of brick or other masonry product. Staff supported the recommendation of the Planning & Zoning Commission. 525 City Council Minutes July 27, 1995 Page 526 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9830 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (26.) Hold a public hearing to determine Public convenience and necessity for a limousine permit on behalf of Simplex Errand Service and take appropriate action Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Sitton to continue this item until the August 10, 1995, City Council Meeting. Motion carried: 6 Yeas; 0 Nays. (27.) Hold a public hearing to determine public convenience and necessity for a limousine permit on behalf of American Embassy Limousine Service and take appropriate action Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Sitton to continue this item until the August 10, 1995, City Council Meeting. Motion carried: 6 Yeas; 0 Nays. (28.) Consider Resolution #4913 reappointing James Collins to the Canadian River Municipal Water Authority. RESOLUTION #4913 THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK ON THIS, the 27th day of July 1995, the City Council of the City of Lubbock, Texas, met in regular session with 6 members present, when among other business transacted, the following action was taken: The Mayor introducted the following resolution: WHEREAS, the City Council of this City heretofore elected James Collins as a member of the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term ending July 31, 1995, pursuant to the provisions of Chapter 243 of the Laws passed by the Regular Session of the Texas Legislature in 1953, and, WHEREAS, such office has not become vacant by reason of term expiration, and WHEREAS, in the performance of its duty to do so under said law, this City Council desires to officially elect a person qualified to fill the vacancy occasioned as aforesaid, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 1. That James Collins, a qualified voter and a property owning taxpayer of the City of Lubbock who is not a member of the governing body or an employee of said City, be and is hereby elected to theBoard of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term beginning July 31, 1995 and ending July 31, 1997. 526 City Council Minutes July 27, 1995 Page 527 2. The director elected as aforesaid shall be certified to the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY by the Mayor of this City and shall otherwise qualify in the manner prescribed by the above mentioned law relating to said Authority. The above resolution having been read, the motion of Ty Cooke for its pasage was duly seconded by Victor Hernandez. Thereupon, the Mayor put the motion to a vote by the City Council and the motion carried by the following vote: "AYE" 6 "NO" 0 The Mayor declared the motion carried and the resolution adopted. PASSED AND APPROVED, this the 27th day of July. 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR City of Lubbock, Texas ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary City of Lubbock, Texas THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of a resolution of the City Council of said City passed and adopted on the 27th day of July 1995, as same appears of records in Book 54B et seq., of the minutes of said City Council. WITNESS MY HAND AND SEAL OF THE CITY OF LUBBOCK, TEXAS, this the 27th day of July 1995. /s/ Betty M. Johnson Betty M. Johnson, City Secretary City of Lubbock, Texas At their July 13, 1995, meeting, the City Council chose to reappoint James Collins to the Canadian River Municipal Water Authority (CRMWA). The CRMWA requires that a resolution be passed by the City Council to confirm the appointment. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4913 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 527 City Council Minutes July 27, 1995 Page 528 (29.) Consider Resolution #4914 authorizing the Mayor to execute a lease agreement with LISD for a building at 1301 42nd Street to be used as a youth holding facility for curfew violators RESOLUTION 94914 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement, and all related documents by and between the City of Lubbock and Lubbock Independent School District, for leasing real property to use as a holding center for juveniles in violation of the Juvenile Curfew Ordinance, 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 27th day of July 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement by and between the City of Lubbock and th Lubbock Independent School District is filed with Resolution No. 4914. According to staff memo, when the community expressed an interest in aggressive curfew enforcement, the City of Lubbock, Lubbock County and Lubbock Independent School District began pursuing options to implement more aggressive curfew ordinances and enforcement. With the passage of state legislation in the last session, the City is now empowered to establish a curfew holding facility that can detain juvenile curfew violators for up to 6 hours until they are picked up by a parent or guardian. LISD has offered to lease the City the facility at 1301 42nd Street for $1.00 per year and to be responsible for insurance, maintenance of the roof, foundation, plumbing, heating, air conditioning, parking lots and walkways. The City will be responsible for all 528 City Council Minutes July 27, 1995 Page 529 utilities, repairs and maintenance not provided by LISD, custodial and furnishings. The term of the lease is for one year and can be automatically renewed annually for five more years. City staff recommended that this lease be executed. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #4914 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(l)(A), to discuss Pending or contemplated litigation(Water Utilities).. (31.) Confirm appointment of Earnest Peeples, Sr., to the Community Services Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Earnest Peeples, Sr., to the Community Services Commission. Motion carried: 6 Yeas; 0 Nays. (32.) Confirm reappointment of Eddie Anaya and Dwight Pierce to the Human Relations Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to reappoint Eddie Anaya and Dwight Pierce to the Human Relations Commission. Motion carried: 6 Yeas; 0 Nays. (33.) Confirm appointment of Cindy McCuistion and reappointment of Frances Ansley to the Lubbock Citizens Traffic Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to reappoint Frances Ansley to the Lubbock Citizens Traffic Commission. Motion carried: 6 Yeas; 0 Nays. (34.) Confirm reappointment of Gene Quest to the Lubbock Industrial Development Corporation Board of Directors. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to reappoint Gene Quest to the Lubbock Industrial Development Corporation Board of Directors. Motion carried: 6 Yeas; 0 Nays. 529 City Council Minutes July 27, 1995 Page 530 There being no further business to come before Council, it was the consensus of Council to adjourn the meeting at 10:39 a.m. Motion carried: 6 Yeas; 0 Nays. ATTEST: Betty M. Johnson, ity Secretary Read and approved this the 1 Oth day of A ATTEST: 0 Betty M. Johnson, City Secretary 530