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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/7/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 7, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 7th day of December 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, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 10:17 A.M. ( 1.) The Invocation was given by Lemuel F. Thuston, Pastor of Alexander Chapel Church. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3•) Board Appointments ( 4•) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the minutes of the November 9, 1995, Regular City Council Meeting and the November 16, 1995, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. (5•) ORDINANCE #9859--Authorizing the Mayor to grant cily employees prior service credit for probationary service (not in excess of six months) as credit toward service time under the Texas Municipal Retirement System as authorized under Section 853.303 Title 8 of the Government Code. ORDINANCE #9859 AN ORDINANCE GRANTING TO THE CITY OF LUBBOCK EMPLOYEES ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS AUTHORIZED BY SECTION 853.303, TITLE 8, OF THE GOVERNMENT CODE. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9859 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. City Council Minutes December 7, 1995 Page 830 ( 6.) ORDINANCE #9861--Amending Sections 6-153 of the Code of Ordinances relating to the reciprocation of electrical licenses with other cities. ORDINANCE 99861 AN ORDINANCE AMENDING SECTION 6-153 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO _ RECIPROCATION WITH OTHER CITIES UPON ELECTRICAL LICENSES AND REGISTRATION; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9861 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (7.) Consider Resolution #5039 accepting paving improvements constructed by Williams and Peters Construction Company, Inc., in Chicago Court Villas Addition, Lots 1-39. RESOLUTION 45039 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND ALLEYS 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 1-39, Chicago Court Villas Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and alleys 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 streets and alleys: 65th Street from the West lip line of Chicago Avenue to the West end of the cul-de-sac West of Chicago Avenue, known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2037. The alley return on the West side of Chicago Avenue between 65th Street and 66th Street, known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2036. The East-West alley North of 65th Street from the West property line of Chicago Avenue to the North -South alley East of Elkhart Avenue, known and designated as Alley Paving Sub -Unit Number 62 of Unit Number A-461. The East-West alley between 65th Street and 66th Street from the West property line of Chicago Avenue to the North -South alley East of Elkhart Avenue, known and designated as Alley Paving Sub -Unit Number 63 of Unit Number A-461. 830 City Council Minutes December 7, 1995 Page 831 The North -South alley East of Elkhart Avenue from the North property line of 66th Street to the East-West alley North of 66th Street, known and designated as Alley Paving Sub -Unit Number 64 of Unit Number A-461. WHEREAS, the construction of the above improvements on the above - mentioned streets and alleys 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 streets and alleys 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 a refund of deposit be made for completion of N.S. 2036-84 in the amount of $750.00. SECTION 3. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 7th day of December 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 831 City Council Minutes December 7, 1995 Page 832 According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter at the following locations: 65th Street from Chicago Avenue to the cul-de-sac west of Chicago; the alley return on the west side of Chicago Avenue between 65th Street and 66th Street; the east -west alley north of 65th Street from Chicago Avenue to the north -south alley east of Elkhart Avenue; the east -west alley between 65th Street and 66th Street from Chicago Avenue to the north -south alley east of Elkhart Avenue; the north -south alley east of Elkhart Avenue from 66th Street to the east -west alley north of 66th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5039 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (8.) Consider Resolution #5040 accepting paving improvements constructed by Williams and Peters Construction Co.. Inc.. included on the 1993 Assessment Paving Program (Project No. 9925). RESOLUTION 95040 A RESOLUTION ACCEPTING IMPROVEMENTS ON THE 1993 ASSESSMENT PAVING PROGRAM AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into a contract with Williams & Peters Construction Company, Inc. (Bid No. 13129) for the making and construction of paving improvements in said City, including the following: Frankford Avenue Reconstruction - 66th Street to 82nd Street, Unit Number 2035-94. WHEREAS, the construction of the above improvements on the above - mentioned street 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 said Contract (Bid No. 13129); 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 street BE and the same are hereby accepted and the City Engineer is hereby authorized to direct final payment in the amount of $54,168.43 . 832 City Council Minutes December 7, 1995 Page 833 SECTION 2. THAT the Mayor and City Secretary BE and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the street listed above and against the owners of such property in accordance with law and in the manner provided in said Contract and the proceedings with reference to said improvements and assessments where such assessments were levied. SECTION 3. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 7th day of December 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 D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the paving assessments are filed with Resolution No. 5040. According to staff memo, this is a routine acceptance of thoroughfare paving improvements authorized by the City Council. These improvements consist of paving and curb and gutter at the following location: Frankford Avenue from 66th Street to 82nd Street. Improvements constructed on 98th Street from Indiana Avenue to Slide Road, which were included with this assessment program, will be accepted at a later date. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5040 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 833 City Council Minutes December 7, 1995 Page 834 ( 9.) Consider Ordinance #9864 abandoning and closing a two -foot underground street -light cable easement in Lot 206, King Gate Addition (4011 93rd Street). ORDINANCE #9864 AN ORDINANCE ABANDONING AND CLOSING A TWO FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN LOT 206, KING'S GATE 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 two -foot street -light cable easement along the east two feet of Lot 206 in the King's Gate Addition. This easement is no longer needed and a new easement has been dedicated on the residential lot to the west. The Right -of -Way Department recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9864 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) Consider Resolution #5041 authorizing the Mayor to execute an amendment to a food services agreement with Marriott Management Services Corporation for the availability of prepared foods for the City of Lubbock Senior Citizen Meal Program. RESOLUTION 45041 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 Amendment to a Food Services Agreement with Marriott Management Services Corp. for the availability of prepared foods for the City of Lubbock Senior Citizen Meal Program, 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. 834 City Council Minutes December 7, 1995 Page 835 Passed by the City Council this 7th day of December 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 & Leisure APPROVED AS TO FORM: /s/ Clarence Walker Clarence Walker, Assistant City Attorney A copy of the amendment to the Food Services Agreement by and between the City of Lubbock and Marriott Management Services Corporation is filed with Resolution No. 5041. According to staff memo, the City of Lubbock and Furr's Family Dining entered into a food service agreement for the availability of prepared foods for the City of Lubbock Senior Citizen Meal Program on July 1, 1994. The agreement provided for meal delivery to six sites five days a week. On July 13, 1995, Furr's requested and was granted permission from the City Council to assign the food service agreement to Marriott Management Services Corporation. The City serves approximately 90,000 meals each year at a cost of $2.03 per meal. The Parks and Recreation Department is currently funding and administering the Senior Meal Program through ongoing donations and remaining FY1994-95 South Plains Association of Governments' funds. Although the 1994-95 grant has not been closed out, it is anticipated that approximately $60,000 will be carried over to the new funding. Approximately 7,000 meals are served per month, at an estimated cost of $16,000. If federal funding is eliminated, the City of Lubbock has the right to terminate its contractual obligation with Marriott Management Services Corporation immediately. This amendment clarifies and updates the contract to conform with Marriott's policies rather than using policies from the original agreement with Furr's Family Dining. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5041 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 835 City Council Minutes December 7, 1995 Page 836 (11.) Consider Resolution #5042 authorizing the Mayor to execute an amendment to a contract with the architectural firm of SLS Partnership to provide architectural/engineering services for the design of a press box/concession building that will serve a four -field baseball complex RESOLUTION 45042 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 amendment to a contract by and between the City of Lubbock and SLS Partnership, Inc., for additional architectural services, which amendment 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 7th day of December 1995. /s/ David R. Langston ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ John Webb John Webb, Park Development Supervisor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the amendment to the Contract by and between the City of Lubbock and SLS Partnership, Inc., is filed with Resolution No. 5042. According to staff memo, Park Development is supervising a 1993 bond project to construct new pressbox/concession stands at Maxey, Stubbs, and Simmons parks. SLS Partnership, Inc., (SLS) is providing architectural services for this project, with their total basic compensation being $32,577.00. The scope of this project calls for SLS to develop a prototype pressbox/concession design for single and double baseball field complexes and specifies the City's intent to reuse the designs in the future. 836 City Council Minutes December 7, 1995 Page 837 The estimated construction cost for a four -field pressbox/concession is $86,000. The proposed amendment to the original contract provides for SLS' compensation to be increased by $4,768, which is approximately 5.5 percent of the estimated construction budget. In return, SLS will provide a prototype design of a four -field pressbox/concession which the City will be able to reuse at any time in the future without having to pay additional fees to the architectural firm of SLS. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5042 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution #5043 authorizing the Mayor to execute a tax abatement agreement with United Supermarkets #503. RESOLUTION #5043 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 United Supermarkets, Inc. #503, for commercial 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 7th day of December 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 United Supermarkets #503 is filed with Resolution No. 5043. 837 City Council Minutes December 7, 1995 Page 838 According to staff memo, the City received a request from United Supermarkets, Inc., for a commercial tax abatement for ten years in the North Enterprise Zone. This is the first of two new United stores which will be built in the North Zone. Both have received Enterprise Zone project designation from the Texas Department of Commerce. United plans to build a new 50,000 square foot store at Auburn and University to replace the 15,000 square foot store at 106 N. University. United plans to invest a total of $6.1 million in this new facility. The breakdown will be $3.9 million for the new building, the remaining $2.2 million for machinery and equipment. The annual amount of tax abatement will be $35,740. The total amount of tax abatement over the life of the contract would be approximately $357,399. United currently employs 59 persons at their present location and plans to increase employment by 103 persons in this new facility. The payroll of the new store will be approximately $2.1 million. The project will add $6.1 million in new value to the tax base in the North Enterprise Zone and will result in the employment of 162 persons. Staff recommended approval of the tax abatement for a period of ten years. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5043 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #5044 authorizing the Mayor to execute an agreement renewing the contract with Texas Tech University Health Sciences Center Department of Pediatrics C.A.R.E. Center. RESOLUTION #-5044 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 between the Child Advocacy Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics ("C.A.R.E. Center") and the City of Lubbock, relating to the provision of services in investigations of child abuse cases referred to C.A.R.E. Center by the Police Department of the City of Lubbock, a copy of 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. 838 City Council Minutes December 7, 1995 Page 839 Passed by the City Council this 7th day of December 1995. /S/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics is filed with Resolution No. 5044. According to staff memo, the City of Lubbock Police Department (LPD) has contracted with Texas Tech University Health Sciences Center School of Medicine, Department of Pediatrics Child Advocacy Research and Education Center (C.A.R.E. Center) for specialized forensic evaluation including medical evaluation, case review, consultation, professional training and other needed services for the investigation of child abuse cases referred to C.A.R.E. by the LPD. All suspected cases are referred for evaluation. Many of the individuals referred do not show up for the exam or instead go to a family doctor for evaluation. Considering the number of examinations performed during the past year from police department referrals, the current cost per examination appears excessive. Therefore, staff will be exploring alternate providers of this service during the coming year. Staff recommended that this contract be renewed for one year. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5044 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 839 City Council Minutes December 7, 1995 Page 840 (14.) Consider Resolution 95045 authorizing the Mayor to execute a contract with the architectural firm of SLS Partnership to provide architectural/engineering services for the renovation of Maxey Swimming Pool, located in Maxey Park at 4007 30th Street. RESOLUTION #5045 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 SLS Partnership, Inc., of Lubbock, Texas for architectural services for the renovations of Maxey Swimming Pool, 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 7th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ John Webb John Webb, Park Development Supervisor 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 SLS Partnership, Inc., of Lubbock is filed with Resolution No. 5045. According to staff memo, the Park Development section is overseeing a 1995 bond sale capital project that will renovate the swimming pool in Maxey Park. Renovations will include replacing filtration and circulation systems, renovations of dressing and concession areas, and the repair of the concrete decking and gutters. The project has a budget of $25,000 for professional services and $200,000 for construction. City Council Minutes December 7, 1995 Page 841 In July 1995, a selection committee was appointed by the City Manager to analyze proposals for professional services for this project. In September 1995, the selection committee recommended that the architectural firm of SLS Partnership (SLS) be used to provide the necessary services, and the City Council authorized Park staff to negotiate a contract with SLS. The results of that negotiation are as follows: SLS will provide basic architectural services for $14,000, which is 7 percent of the construction budget of $200,000. Basic services include architectural/engineering design, production of drawings, and specifications necessary to carry out City priorities of work to be performed on Maxey Pool. Other services provided by SLS at a negotiated cost not to exceed $4,000 include the development of a master plan to extend the useful life of the facility for 20 years, examination of regulatory and compliance deficiencies, and the prioritization of the scope of work based upon available funding. The total amount paid to SLS is not to exceed $18,000, which is 8 percent of the total project budget. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5045 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution #5046 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and Lubbock County pertaining to Reese redevelopment efforts. RESOLUTION #5046 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 Cooperation Agreement for Reese AFB Redevelopment, attached herewith, by and between the City of Lubbock and Lubbock County, Texas, 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. City Council Minutes December 7, 1995 Page 842 Passed by the City Council this 7th day of December 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 Cooperation Agreement by and between the City of Lubbock and Lubbock County for Reese AFB Redevelopment is filed with Resolution No. 5046. According to staff memo, at the November 13, 1995, Lubbock County Commissioners Court meeting, the County Commissioners approved an appropriation of $10,000 to be used toward the efforts of redeveloping Reese Air Force Base. County staff has requested that the City approve an interlocal agreement which would transfer the monies to the City of Lubbock and be included in the Reese Redevelopment budget. City staff has proposed to budget these dollars in the contractual services account which will be used for paying a land use consultant. The City currently has $300,000 budgeted in fiscal year 1995-96 for redevelopment efforts. The Office of Economic Adjustment has already approved a $131,250 grant for planning monies to be utilized by the city for reusing the base. The $10,000 appropriated by Lubbock County will help offset some of the costs associated with redeveloping Reese Air Force Base. Staff recommended approval of this interlocal agreement with Lubbock County. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5046 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 842 City Council Minutes December 7, 1995 Page 843 (16.) Bid #13393--Creosote Wood Poles - Annual Pricing (Central Warehouse). Worldwide Forest Products --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Bid #13397--Swat Body Armor Jacket (Police Department). Texas State Distributors, Inc.--20 Ea Soft Body Armor Jacket. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Bid #13403--Furnish and Install Thermoplastic Marking Materials - Annual Contract, and authorize same (Traffic Department). RESOLUTION #5047 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 Barricades Unlimited, Inc., of Lubbock, Texas to furnish and install all services and materials as bid to Furnish and Install Thermoplastic Marking Materials - Annual Contract, 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. 843 City Council Minutes December 7, 1995 Page 844 Passed by the City Council this 7th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR /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 8 THIS AGREEMENT, made and entered into this 7th day of December 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 Barricades Unlimited, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13403--Furnish and Install Thermoplastic Marking Materials - Annual Contract in the amount of $24,850.00 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. City Council Minutes December 7, 1995 Page 845 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ Jerry Hart ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor /s/ Donald G. Vandiver Barricades Unlimited, Inc. CONTRACTOR By: /s/ Bill Watson TITLE: President Barricades Unlimited, Inc. P.O. Box 11001 Lubbock, Texas 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5047 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Bid 913408--Construction of Northwest Branch Library, and authorize same (Library). RESOLUTION 95048 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 Pharr and Company of Lubbock, Texas to furnish and install all services and materials as bid for the Northwest Branch Library, 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. City Council Minutes December 7, 1995 Page 846 Passed by the City Council this 7th day of December 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 6 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 7th day of December 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 Pharr & 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. 13408--Northwest Branch Library in the amount of $657,290.00 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. 700 City Council Minutes December 7, 1995 Page 847 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/ Jeff Rippel ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Pharr & Company CONTRACTOR By: /s/ John K. Pharr TITLE: Vice President Pharr & Company P.O. Box 2791 Lubbock, Texas 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5048 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Bid 913412--Concrete - Annual Pricing (Street Department. Lubbock Building Products--200 Lf 1/2 x 3 Expansion Joint Material; 200 Lf 1/2 x 3 - 1/2 Expansion Joint Material; 250 Lf 1/2 x 6 Expansion Joint Material; 200 Lf 30" Curb & Gutter Expansion Joint Material; 300 Cy Class A 5-1/2 Sack Concrete; 600 Cy Class A 5-1/2 Sack Concrete with Fibermesh; 400 Cy Class A High Early Strength Concrete; 700 Cy Class A High Early Strength Concrete with Fibermesh; 100 Cy Class A Calcium Chloride Concrete; 200 Cy Class A 6 Sack Concrete; 300 Cy Class B 5 Sack Concrete; 300 Cy Class B High Early Strength Concrete; 300 Cy Class B Calcium Chloride Concrete; 1,200 Cy Class C 4- 1/2 Sack Concrete; 200 Cy Class C High Early Strength Concrete; 600 Cy 3500 PSI, 5-1/2 Sack Concrete with Fly Ash; 1,700 Cy Ground Stabilizer; 5,000 Lb Type "S" Lime. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Bid #13413--Asphalt - Annual Pricing, (Street Department Koch Materials Company--35,000 G1 Asphalt MS -1 + 3% Latex; 35,000 GI Asphalt MS -2 + 3% Latex; 5,000 GI Asphalt MS -1; 5,000 GI Asphalt MS -2; 150,000 GI Asphalt CRS -2P by ASPM. Walter Jarnagin Asphalt--10,000 G1 Prime Oil. 847 City Council Minutes December 7, 1995 Page 848 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Bid #13415--Sand, Gravel & Caliche - Annual Pricing (Street Department). R. E. Janes Gravel Company--6,500 Tn "00" Backfill Gravel; 5,300 Tn Grade 3 Gravel; 300 Tn Grade 4 Gravel; 5,200 Tn Grade 5 Gravel; 200 Tn Grade 6 Gravel; 500 Tn Grade 1/2" Base Course Gravel; 500 Tn Grade 3/4" Base Course Gravel; 2,500 Tn 1" Base Course Gravel; 300 Tn 1" Concrete Rock; 100 Tn Vealmore Exposed Aggregate, 3/4"; 200 Tn Brick Sand; 1,500 Tn Stone Screening or Stone Crush Fines. Allen Butler Construction, Inc.--9,500 Cy Crushed Caliche. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) ORDINANCE #9860--Abandoning and closing a portion of 20-foot drainage easement located in Section 13, Block E-2, Lubbock County., Texas (8715 Boston Avenue). ORDINANCE #9860 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Right -of -Way Department recommended the approval of the second reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9860 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from any discussion and voting on this item. 848 City Council Minutes December 7, 1995 Page 849 (26.) Zone Case No 2126-B (south of 50th Street and west of Chicago) --Hold a public hearing to consider request of Henry Huneke (for H. A Sessions) for a zoning change from C-2 and C-3 to A-2 on a .portion of Section 28, Block E-2, and to consider ordinance. ORDINANCE #9865 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2126-B; A ZONING CHANGE FROM C-2 AND C-3 TO A-1 ZONING ON A PORTION OF SECTION 28, BLOCK E-2, 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. Henry Huneke appeared on behalf of H. A. Sessions to present this request for zone change from C-2 and C-3 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 10:34 a.m. Randy Henson, Senior Planner, presented staff comments. The owner of this parcel is proposing an apartment development. During the hearing the proponent requested a reduction to A-1 (Family Apartment Zone) versus the original application for A-2 (High Density Apartment Zone). Mr. Henson gave the adjacent land use relationships as follows: North - City park _ South - vacant, zoned commercial East - vacant and apartments West - commercial zoned, vacant The current Comprehensive Land Use Plan indicates commercial on this site. The previous two plans (1975 and 1983) targeted this area as high density residential for apartments. The Land Use Plan was changed in 1986 to correspond with a proposal to bring 53rd Drive under the Loop and develop commercial in the area. That proposal expired several years ago. The Planning Commission recommendation contains a recognition of this as a minor change to the Comprehensive Land Use Plan. The reduction of the request to A-1 by the proponent represents a density more consistent with the entire area. A-2 zoning allows a 75 percent F.A.R. (floor -to -lot area ratio), while A-1 provides for a 50 percent F.A.R. Several of the pods of apartments are anticipated as three story, with elevators. The three-story construction would normally require A-2; the staff proposed a fourth condition for Council to consider adding to the ordinance on first reading. The condition will allow a mixture of two and three story structures but maintain the more desirable A-1 with a 50 percent F.A.R. 849 City Council Minutes December 7, 1995 Page 850 The project is proposed to have a perimeter fence, primarily steel pickets with brick piers and portions of solid brick. The developer requests to use the solid portions of the fence as the rear wall of garages. Since the zoning ordinance normally requires a 15-foot minimum setback, the Commission approved a condition allowing the reduced setback. The project should have little or no additional effect on traffic in the area other than that anticipated by the existing commercial zoning. The Planning and Zoning Commission recommended this zone case with three conditions: A combination brick and wrought iron picket security fence may occupy the perimeter of the site on the property line (with zero setback), except that any fence or other obstructions in the future drainage easement along 53rd Street shall be subject to review and approval by the City Engineer. The fence will maintain the required 25-foot vision triangle at street intersections. In addition, the fence will have wrought iron pickets with brick piers along the side of the vision triangle and for a distance of at least 25 feet along each street from the vision triangle. The perimeter fence may be the rear wall of garages where a solid brick fence is used (the setback will be reduced to less than the required 15 feet). Staff supported the recommendation of the Planning & Zoning Commission, with consideration for adding a condition allowing the structures within the interior of the parcel to be three story. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9865 with conditions as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (27.) Zone Case No. 2718-A (6506 and 6508 4th Streeter Hold a public hearing to consider request of Don Osborne (for Kurion Development Company) for a zoning change from R-2 to A-2 limited to a personal care facility on Lots 212 and 213, Terra Estates North Addition, and to consider ordinance. ORDINANCE #9866 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2718-A; A ZONING CHANGE FROM R-2 TO A-2 ZONING ON LOTS 212 & 213, TERRA ESTATES NORTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 850 City Council Minutes December 7, 1995 Page 851 Mayor Langston opened the public hearing at 10:39 a.m. Don Osborne appeared on behalf of Kurion Development Company to present this request for zone change from R-2 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 10:40 a.m. Randy Henson, Senior Planner, presented staff comments. This request would extend A-2 for a personal care facility two lots west. Mr. Henson gave the adjacent land use relationships as follows: North - single-family South - 4th Street East - personal care facility West - R-2, vacant The proposed use does not reflect the current commercial policy noted on the Comprehensive Land Use Plan for a strip of commercial along 4th Street. The proposed zoning does create a more compatible neighbor for the residential development to the north. The north lot line of this request is the city limit. The request is compatible with zoning policy. The project should have little effect on traffic on 4th Street. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to a personal care facility and all unconditionally permitted R-2 uses. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9866 with condition as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (28.) Zone Case No. 2303-A (west of West Loop 289 and south of 11th Place) --Hold a public hearing to consider request of Fred Wilson. Jr., (for LBB Mgmt, Inc.) for a zoning change from A- 1 to C-4 Specific Use limited to model home sales and office and all permitted GO uses on a tract out of Section 9, Block JS and to consider ordinance. ORDINANCE #9867 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2303-A; A ZONING CHANGE FROM A-1 TO C-4 SPECIFIC USE ZONING LIMITED TO MODEL HOME SALES AND OFFICE, ON A TRACT OUT OF SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 851 City Council Minutes December 7, 1995 Page 852 Mayor Langston opened the public hearing at 10:42 a.m. Fred Wilson appeared on behalf of LBB Mgmt., Inc., to present this request for zone change from A-1 to C-4 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:49 a.m. Randy Henson, Senior Planner, presented staff comments. The business will display ready -built homes on the site and have a sales office. No construction will take place at this location. The Zoning Code lists "mobile home sales" and "portable building sales" in the C-4 District, which are the comparable uses driving the need for C-4 by this request. The proposed "GO" will also zone the land for office uses in the future if the display of ready - built homes discontinues. The area will have a residential appearance and the density of display homes will be less than the existing zoning for townhomes would allow. Mr. Henson gave the adjacent land use relationships as follows: North - vacant, zoned R-1 (advertised as potential commercial by an on -site sign) South - residential East - Loop 289 West - vacant, zoned for garden homes The Comprehensive Land Use Plan notes this area as residential, and the existing zoning is A-1 limited to townhomes or gardenhomes. The request represents a minor change to the Comprehensive Land Use Plan. Because of the unique character of the proposed use, the request should be in keeping with the objectives of the Plan. A zone case would be required for any use other than the display of homes and the Garden Office zoning that is included in this request. The site plan is acceptable for zoning policy. A condition approved by the Commission notes that a portion of the parking area and drives is gravel versus asphalt, which will help reduce the commercial appearance of the area. The proposal will have little effect on traffic in the area. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: Limited to model home sales and office and all unconditionally permitted GO uses. Gravel parking and walkways are indicated on site plan 2303- A. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on first reading Ordinance #9867 with conditions as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. 852 City Council Minutes December 7, 1995 Page 853 (29.) Zone Case No. 1837-D (southeast corner of Frankford and Erskine) --Hold a public hearing to consider request of Ken Flagg (for McDougal Construction) for a zoning change from C-2 to R-2 (for duplexes) on Tract B, Horizon West Addition, and to consider ordinance. ORDINANCE #9868 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1837-D; A ZONING CHANGE FROM C-2 TO R-2 ZONING ON TRACT B, HORIZON WEST ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:54 a.m. Ken Flagg appeared on behalf of McDougal Construction to present this request for zone change from C-2 to R-2. No one appeared in opposition. Mayor Langston closed the hearing at 10:58 a.m. Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent land use relationships as follows: North - vacant, zoned commercial South - single family East - duplex homes West - commercial The Comprehensive Land Use Plan, as well as the current zoning, identifies this corner as commercial. The east half of the tract was rezoned to R-2, along with a minor Plan change, several years ago. With the adjacent commercial zoning in place, a zone change argument will not develop when the owners of those properties choose to proceed with commercial development after these duplex units are occupied. At some point in the future, Frankford and Erskine will be a pair of five- or seven -lane thoroughfares. Right-of-way is being dedicated for a seven -lane facility. The Planning and Zoning Commission recommended approval of this request subject to the following condition: The utility easement or alley along Frankford Avenue shall be screened from Frankford with a fence with a leave out for a curb return to Frankford. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on first reading Ordinance #9868 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. 853 City Council Minutes December 7, 1995 Page 854 (30.) Zone Case No. 2766 (5501-5505 34th Street) --Hold a public hearing to consider request of Rev. Renae Phillips for Metropolitan Community Church) for a zoning change from R-1 to A-2 limited to church and church -related uses. a .personal care facility or an adult day care facility on Tract B, Sagemont Addition, and to consider ordinance. ORDINANCE #9869 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2766; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO A CHURCH, A PERSONAL CARE FACILITY OR AN ADULT FOSTER/DAY CARE FACILITY, ON TRACT B, SAGEMONT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:04 a.m. Rev. Renae Phillips appeared on behalf of the Metropolitan Community Church to present this request for zone change from R-1 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 11:06 a.m. Randy Henson, Senior Planner, presented staff comments. Metropolitan Community Church has a contract to sell to a family who will operate a personal care facility and/or adult day care center on the property. The church is seeking to move to a larger facility. One part of the request will make the zoning proper for a church. The property has a church building and a home: the home would be converted to a personal care facility with proper permits from the City and the State of Texas. Personal care allows "assisted living" for handicapped persons with no direct medical care. These facilities fill the gap between living at home and nursing facilities. The church structure will be converted to day care for seniors. These facilities will be licensed by the State of Texas. In the event the day care business fails, the building will be converted to a personal care facility with proper building permits and state permits. Mr. Henson gave the adjacent land use relationships as follows: North - church South - residential East - residential West - residential The parcel meets the objectives of the Comprehensive Land Use Plan for churches or day care facilities to be located on thoroughfares and on the perimeter of neighborhoods. The proposal should have little or no additional impact on traffic in the area. The existing parking should be adequate for any combination of uses envisioned by the person under contract to buy the property. 854 City Council Minutes December 7, 1995 Page 855 The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to church and church related uses, a personal care facility or an adult foster/day care. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to pass on first reading Ordinance #9869 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (31.) Zone Case No 1996-F (south of 66th Street and west of Albany --Hold a public hearing to consider request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from A-1 to A-2 limited to a personal care facility on a tract out of Section 27 Block E-2, and to consider ordinance. ORDINANCE #9870 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1996-F; A ZONING CHANGE FROM A-1 TO A-2 ZONING ON A TRACT OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Neugebauer excused himself from the City Council Chambers. Mayor Langston opened the public hearing at 11:12 a.m. Bernie Gradel appeared on behalf of Lubbock Land Company to present this request for zone change from A-1 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 11:14 a.m. Randy Henson, Senior Planner, presented staff comments. The proposal will accommodate a new personal care facility. The north boundary will be the new 69th/66th Street connection. Mr. Henson gave the adjacent land use relationships as follows: North - apartments South - zoned A-1, vacant East - commercial West - garden homes, zoned A-1 The request conforms to both Comprehensive Land Use Plan Policy and zoning policy. The request should have little effect on traffic. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to a personal care facility and all unconditionally permitted A-1 uses. 855 City Council Minutes December 7, 1995 Page 856 Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to pass on first reading Ordinance #9870 with condition as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. Mayor Pro Tern Neugebauer recused and excused himself from any discussion and voting on this item. (32.) Hold a public hearing to consider an amendment to the Zoning Code to allow laundry and dry cleaning shops not exceeding 5,000 square feet in the C-2 District (versus the current "family bundle laundry" definition) ORDINANCE #9871 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-17, ENTITLED "C-2 LOCAL RETAIL DISTRICT", TO ALLOW LAUNDRY AND DRY CLEANING SHOPS NOT EXCEEDING 5,000 SQUARE FEET AS A PERMITTED USE AND BY AMENDING SECTION 29-18, ENTITLED "C-3 GENERAL RETAIL DISTRICT" BY DELETING SECTION 29-18(c)(4), CLEANING, DYING TO DRY CLEANING SHOPS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:15 a.m. There being no proponents or opponents, Mayor Langston closed the hearing at 11:16 a.m. Randy Henson, Senior Planner, presented staff comments. Since the 1975 revision of the Zoning Code, laundry services have been defined as follows in various districts: C-1: Self-service laundry or dry cleaning pickup stations. C2A: Self-service laundry or washateria and dry cleaning pickup stations. C-2: Family bundle laundry not exceeding five thousand (5,000) square feet of gross floor area. C-3: Cleaning, dyeing or dry cleaning shops. C-4: Laundry, commercial. The proposal will make an integrated laundry and dry cleaning facility not over 5,000 square feet a permitted use in C-2 and less restricted commercial districts (C-3 and C-4). Large commercial operations for either dry cleaning or laundry will remain a C-4 permitted use. The Planning and Zoning Commission recommended approval of the proposed amendment. 856 City Council Minutes December 7, 1995 Page 857 The staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance #9871 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson and Councilmember Ince were both absent from the City Council Chambers. (33.) Consider Resolution #5049 authorizing the Mayor to execute a contract with the Texas Department of Health to provide early intervention medical treatment and psychosocial services to local residents who have tested positive for HIV. RESOLUTION #5049 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 Amendment No. 5 (TDH Document No. 06000126) and all related documents by and between the City of Lubbock and the Texas Department of Health to add a new Attachment for Bureau of HIV and STD to fund the initiation/implementation of an early intervention medical treatment and psychosocial services program for HIV -positive individuals, which contracts 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 7th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health & Community Services APPROVED AS TO FORM: /s/ Clarence E. Walker Clarence E. Walker, Assistant City Attorney A copy of Amendment No. 5 by and between the City of Lubbock and the Texas Department of Health is filed with Resolution No. 5049. 857 City Council Minutes December 7, 1995 Page 858 Doug Goodman, Managing Director of Health and Community Services, presented staff comments. Last year, the Texas Department of Health annual contract included a section funding the initiation/implementation of an early intervention medical treatment and psychosocial services program for HIV positive individuals. The FY 1994-95 contract was for $47,194. This portion of the contract terminated on March 31, 1996. Staff informed the State that staff did not want to renew this contract and suggested that the South Plains AIDS Resource Center (SPARC) be the contract agency. This was in keeping with Council directives of not duplicating services that could be provided by other organizations. The SPARC organization was willing to accept this grant from the Texas Department of Health; however, final negotiations have not been completed. The State Health Department has requested that staff continue the contract for three months so that the new contracts can be signed. This is a pass through contract and no city employees will be affected. Staff recommended the approval of this contract. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #5049 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (24.) ORDINANCE #9862--Authorizing the issuance of $10,000,000 "City of Lubbock, Texas, Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1995" and considering all matters incident and related to the issuance of said Certificates. ORDINANCE #9862 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1995"; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to accept the bid of Rauscher Pierce Refnes for the purchase of $6,505,000 "City of Lubbock, Texas, General Obligation Bonds, Series 1995A." Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. 858 City Council Minutes December 7, 1995 Page 859 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9862. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (25.) ORDINANCE #9863--Authorizing the issuance of $6,505, 000 "City of Lubbock, Texas, General Obligation Bonds, Series 1995A" and considering all matters incident and related to the issuance of said Bonds. ORDINANCE 49863 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1995A"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to accept the bid of Rauscher Pierce Refnes for the purchase of $10,000,000 "City of Lubbock, Texas, Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1995." Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on second and final reading Ordinance #9863. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (34.) Consider Resolution #5050 designating officers authorized to sign checks for payment on behalf of the City of Lubbock RESOLUTION #5050 WHEREAS, it would be in the public interest to designate such officers as are empowered to sign checks for payment on behalf of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY OF LUBBOCK: THAT, pursuant to Sections 23 and 24 of Article IX and Section 4(f) of Article X of Chapter 1 of the City Charter, all payroll checks and other checks issued by the City of Lubbock shall be signed by the Mayor or Mayor Pro Tern or the City Manager or his deputy and countersigned by the Director of Finance or his deputy unless otherwise provided by law; and THAT said persons and their successors are hereby authorized to execute signature cards and such other documents as may be required to carry out the purposes of this Resolution. 859 City Council Minutes December 7, 1995 Page 860 Passed by the City Council this 7th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte' Debra Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This resolution authorizes the Mayor or Mayor Pro Tem, the City Manager or his deputy, and the Director of Finance or his or her deputy to sign checks issued by the City of Lubbock. Sections 23 and 24 of Article IX of the City Charter do not specifically empower the deputy to the City Manager or the deputy to the Director of Finance to sign City of Lubbock checks. It is important that those officers be permitted to sign checks in order to prevent payment problems caused by changes in personnel. Also, the City Charter requires the City Secretary to sign certain documents. However, because Ordinance 8634 assigned the administration of the financial affairs of the City formerly discharged by the City Secretary to the Finance Director, it is no longer necessary for the City Secretary to sign City of Lubbock checks. Staff recommended that the City Council approve this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to authorize Resolution #5050 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (35.) Consider appointment to Civic Lubbock, Inc. Board of Directors. Motion was made by Councilmember Ince, seconded by Mayor Pro Tern Neugebauer to postpone appointing a member to the Civic Lubbock, Inc., Board of Directors until the December 14, 1995, Regular City Council Meeting. Motion carried: 5 Yeas; 1 Nay--Councilmember Cooke. Councilmember Patterson was absent from the City Council Chambers. City Council Minutes December 7, 1995 Page 861 The City Council recessed into executive session at 11:35 a.m. (36.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). (37.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation Building Inspection and Water Utilities). (38.) 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: Appointments Advisory Board Board of Electrical Examiners Building Board of Appeals Committee for Women Drainage Criteria Advisory Committee Housing Authority Board of Directors Lubbock Housing Finance Corporation Lubbock Libraries Board Planning and Zoning Commission South Plains Association of Governments Structural Standards Commission The Council reconvened into regular session. 861 City Council Minutes December 7, 1995 Page 862 There being no further business to come before Council, motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to adjourn the meeting at 1:50 p.m. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tern Neugebauer, Councilmember Sitton, and Councilmember Ince were absent from the City Council Chambers. ATTEST: kK ncn �' Betty I& Johnso , City Secretary Read and approved this the 1 Ith day of J ATTEST: etty . Johns i, City Secretary