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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/22/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 22,1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 22nd day of February 1996, 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 T. J. Patterson, Councilmember Max L. Ince, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Betty M. Johnson. Absent: Councilmember Victor Hernandez, Councilmember Windy Sitton, and Councilmember Alex Cooke. Mayor Langston called the meeting to order at 10:08 A.M. ( 1.) The Invocation was given by J. H. Ford, Pastor of St. Luke Greater Missionary Baptist 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 Ince to approve the minutes of the February 8, 1996, Regular City Council Meeting as written. Motion carried: 4 Yeas; 0 Nays. ( 5.) Ordinance #9851--Abandoning and closing a 20-foot alley and a 10-foot utility easement located in the James Subdivision (901 E. 52nd). ORDINANCE #9851 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY AND A 10 FOOT UTILITY EASEMENT LOCATED IN JAMES SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9851 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. City Council Minutes February 22, 1996 Page 104 (6.) Ordinance #9879--Abandoning and closing a portion of a 15- foot alley in Lot 14, Block 130, Overton Addition (2422 8th Street). ORDINANCE #9879 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15 FOOT ALLEY LOCATED IN LOT 14, BLOCK 130, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9879 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. ( 7.) Ordinance #9880--A corrected ordinance adjusting the assessment rate for Parcel Number 3 of Frankford Avenue, Unit No. 2035-94 of the 1993 Assessment Paving Program. ORDINANCE #9880 AN ORDINANCE CORRECTING A MISTAKE IN THE CALCULATION OF A PAVING ASSESSMENT LEVIED FOR PART OF THE COST OF IMPROVING FRANKFORD AVENUE, AND AUTHORIZING THE ISSUANCE OF A NEW CERTIFICATE OF ASSESSMENT. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9880 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. ( 8.) Consider Resolution #5104 authorizing the Mayor to execute a land -use license for heavy equipment training with the Texas Engineering Extension Service (6002 Spur 327). RESOLUTION #5104 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 Land Use License between the City of Lubbock and the Texas Engineering Extension Service, 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. 104 City Council Minutes February 22, 1996 Page105 Passed by the City Council this 22nd day of February 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A coy of the Land Use License by and between the City of Lubbock and the Texas Engineering Extension Service is filed with Resolution No. 5104. According to staff memo, the Texas Department of Transportation (TxDOT) has requested use of some vacant City property for a five -week heavy equipment training course. The Texas Engineering Extension Service (TEEX) will be conducting the training course. In return for using a portion of McAlister Park (Spur 327 & Frankford Avenue) for the training course, TEEX has agreed that the students, who are TxDOT employees, will use the heavy equipment to continue the excavation of the McAlister Park lake area using grades set by the City and previously approved by the Texas Parks and Wildlife as part of the overall plan to develop the park. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5104 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. ( 9.) Consider Resolution #5105 authorizing the sale of a parcel of land by the City Council and authorizing the Mayor to execute a special warranty deed in favor of Ron Betenbough and Rick Betenbough (6420 33rd Street). RESOLUTION #5105 WHEREAS, a 5,246.50 square foot tract of land out of Lot 98, West Side Addition to the City of Lubbock, Lubbock County, Texas, is hereby determined to be surplus to the needs of the City of Lubbock and can be sold, due to its size and shape, without bid procedures or publication, to abutting owners for its fair market value pursuant to Section 272.001 of Vernon's Texas Codes Annotated Local Government Code; and 105 City Council Minutes February 22, 1996 Page106 WHEREAS, said land has an appraised fair market value of $2,000.00, and abutting owners, RON BETENBOUGH and RICK BETENBOUGH, have offered to purchase said land, and this City Council has hereby determined that it would be in the public interest to sell said land to such abutting owners at fair market value; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sale of the tract of land as hereinabove described in the preamble hereof is hereby approved. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Special Warranty Deed from the City of Lubbock unto the said RON BETENBOUGH and RICK BETENBOUGH, as Grantees, for a consideration of $2,000.00, in cash paid to the City of Lubbock by said Grantees, a copy of which Deed is attached hereto and shall be spread upon the minutes of this Council, and as so spread upon the minutes shall constitute and be part hereof as if fully copied herein in detail. Passed by the City Council this 22nd day of February 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Special Warranty Deed by and between the City of Lubbock and Ron Betenbough and Rick Betenbough is filed with Resolution No. 5105. According to staff memo, when the right-of-way was acquired for the widening of Milwaukee Avenue in 1990, several whole lots were purchased. Only a portion of these lots were used for the actual road construction, and unusable remnants remained. The remainder of Lot 98, West Side Addition is considered one of these remnants and can be sold to the abutting property owner. This remnant is located at the northeast corner of Milwaukee Avenue and 33rd Street, contains approximately 5,246.50 square feet, and has an average frontage of approximately 40 feet. The City paid $3,750 for this entire lot which originally had 75 feet of frontage. This equates to a residential front foot price of $50.00 per front 106 City Council Minutes February 22, 1996 Page 107 foot. Using this $50 per front foot times the remaining 40 feet of frontage, staff calculated a value of $2,000 for this remnant. Ron Betenbough and Rick Betenbough own the abutting property and have agreed to this price. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5105 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (10.) Consider Resolution 95106 authorizing the Right -of -Way Department to make an offer to H. A. Sessions for a water line easement in Section 17, Block E-2 (4201 98th Street). RESOLUTION #5106 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for public purposes and municipal purposes, to -wit: a permanent water line easement and working easement, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of the easements in, upon, over, under along and across land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a permanent water line easement in, upon, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 10-foot water line easement located in Section 17, Block E-2, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at a point for the Southeast corner of this easement which bears S. 00°00'55" E., a distance of 177.54 feet and N. 89°59'05" E., a distance of 1319.70 feet from the Northwest corner of Section 17, Block E-2, Lubbock, Lubbock County, Texas; THENCE S. 68057' 10" W., a distance of 249.60 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 1019.93 feet, a central angle of 21'01'55", tangent lengths of 189.33 feet, and a chord distance of 372.29 feet to a point of tangency; THENCE S. 89059'05" W., a distance of 345.38 feet to a point for the Southwest corner of this easement; THENCE N. 0001704" W., a distance of 10.00 feet to a point in the South right-of-way line of 98th Street for the Northwest corner of this easement; THENCE N. 89059'05" E., along said South right-of-way line of 98th Street, a distance of 345.43 feet to a point of curvature; 107 City Council Minutes February 22, 1996 Page108 THENCE Northeasterly along said South right-of-way line, around a curve to the left, said curve having a radius of 1009.93 feet, a central angle of 21°01'55", tangent lengths of 187.47 feet, and a chord distance of 368.64 feet to a point of tangency; THENCE N. 68057'10" E., along said South right-of-way line, a distance of 253.45 feet to a point for the Northeast corner of this easement; THENCE S. 00000'55" E., a distance of 10.71 feet to a POINT OF BEGINNING. SECTION 2. THAT a working easement in, upon, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 40-foot working easement located in Section 17, Block E-2, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at a point for the Northeast corner of this easement, which bears S. 00°00'55" E., a distance of 177.54 feet and N. 89°59'05" E., a distance of 1319.70 feet from the Northwest corner of Section 17, Block E-2, Lubbock, Lubbock County, Texas; THENCE S. 00000'55" E., a distance of 42.86 feet to a point for the Southeast corner of this tract; THENCE S. 68057'10" W., a distance of 234.22 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 1059.93 feet, a central angle of 21'01'55", tangent lengths of 196.75 feet, and a chord distance of 386.89 feet to a point of tangency; THENCE S. 89059'05" W., a distance of 345.19 feet to a point for the Southwest corner of this easement; THENCE N. 00017'04" W., a distance of 40.00 feet to a point for the Northwest corner of this easement; THENCE N. 89059'05" E., a distance of 345.38 feet to a point of curvature; THENCE Northeasterly around a curve to the left, said curve having a radius of 1019.93 feet, a central angle of 21'01'55", tangent lengths of 189.33 feet, and a chord distance of 372.29 feet to a point of tangency; THENCE N. 6805710" E., a distance of 249.60 feet to a POINT OF BEGINNING. 108 City Council Minutes February 22, 1996 Page 109 SECTION 3. THAT the owner of said tracts, being H. A. SESSIONS, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $10,100.00, which is the amount appraised as the value and total damages for the acquisition of a permanent water line easement and working easement in, upon, over, under, along and across said real estate hereinabove described for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the above -described easements in, upon, over, under, along and across said land for public purposes and municipal purposes. Passed by the City Council this 22nd day of February 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this water line easement is located along the south side of 98th Street, adjacent to the east side of Quaker Avenue, and runs approximately 970 feet east to west in length. This easement is composed of two parts, a permanent 10-foot wide easement located along the south right-of-way of 98th Street and a 40-foot wide working easement located 10-feet south of the south right-of-way line of 98th Street. This easement is needed for the installation of a 54-inch water line running westward from Memphis Avenue to Quaker Avenue. This 54-inch water line is a part of the Water Utilities Master Plan. The line will help eliminate chronic low pressure in southwest Lubbock. Current growth trends will only worsen the low pressure problems. This water line easement was appraised by Ralph Mabry, M.A.I., who valued the permanent easement at $9,695 and the working easement at $405, for a total valuation of $10,100 as offered to H. A. Sessions. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5106 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 109 City Council Minutes February 22, 1996 Page 110 (11.) Consider Resolution 45107 authorizing the Right -of -Way Department to make an offer to the First Assembly of God of Lubbock for a water line easement in Section 17, Block E-2 (3801 98th Street). RESOLUTION #5107 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for public purposes and municipal purposes, to -wit: a permanent water line easement and working easement, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of the easements in, upon, over, under along and across land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a permanent water line easement in, upon, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 10-foot water line easement located in Section 17, Block E-2, Lubbock, Lubbock County, Texas, being the North 10.00 feet of a 6.00 acre tract surveyed by J. M. Cieszinski dated October 17, 1995, and being further described as follows: BEGINNING at a point for the Southeast corner of this easement which bears S. 00°00'55" E., a distance of 65.00 feet from the Northeast corner of Section 17, Block E-2, Lubbock, Lubbock County, Texas, in the West right-of-way line of Memphis Avenue as shown on the recorded final plat of Lots 1-298, High Country Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or Dedication Deed thereof recorded in Volume 1636, Page 810 of the Deed Records of Lubbock County, Texas; THENCE S. 89059'05" W., a distance of 300.00 feet to a point for the Southwest corner of this easement; THENCE N. 00000'55" W., a distance of 10.00 feet to a point in the South right-of-way line of 98th Street for the Northwest corner of this easement; THENCE N. 89059'05" E., along the said South right-of-way line, a distance of 300.00 feet to a point in the West right-of-way line of Memphis Avenue for the Northeast corner of this easement; THENCE S. 00000'55" E., along the said West right-of-way line, a distance of 10.00 feet to the POINT OF BEGINNING. SECTION 2. THAT a working easement in, upon, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: 110 City Council Minutes February 22, 1996 Page III A 40-foot working easement located in Section 17, Block E-2, Lubbock, Lubbock County, Texas, located 10.00 feet South of the North line of a 6.00 acre tract surveyed by J. M. Cieszinski dated October 17, 1995, and being further described as follows: BEGINNING at a point for the Northeast corner of this easement which bears S. 00°00'55" E., a distance of 65.00 feet from the Northeast corner of Section 17, Block E-2, Lubbock, Lubbock County, Texas, in the West right-of-way line of Memphis Avenue as shown on the recorded final plat of Lots 1-298, High Country Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or Dedication Deed thereof recorded in Volume 1636, Page 810 of the Deed Records of Lubbock County, Texas; THENCE S. 00000'55" E., along the said West right-of-way line, a distance of 40.00 feet to a point for the Southeast corner of this easement; THENCE S. 89059'05" W., a distance of 300.00 feet to a point for the Southwest corner of this easement; THENCE N. 00000'55" W., a distance of 40.00 feet to a point in the Northwest corner of this easement; THENCE N. 89059'05" E., a distance of 300.00 feet to the POINT OF BEGINNING. SECTION 3. THAT the owner of said tracts, being FIRST ASSEMBLY OF GOD OF LUBBOCK, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $3,120.00, which is the amount appraised as the value and total damages for the acquisition of a permanent water line easement and working easement in, upon, over, under, along and across said real estate hereinabove described for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the above -described easements in, upon, over, under, along and across said land for public purposes and municipal purposes. III City Council Minutes February 22, 1996 Page112 Passed by the City Council this 22nd day of February 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this water line easement is located along the south side of 98th Street, adjacent to the west side of Memphis Avenue, and is 300 feet in length. This easement is composed of two parts, a permanent 10-foot wide easement located along the south right-of-way line of 98th Street and a 40-foot wide working easement located 10-feet south of the south right-of-way line of 98th Street. This easement is needed for the installation of a 54- inch water line running westward from Memphis Avenue to Quaker Avenue. This water line easement was appraised by Ralph Mabry, M.A.I., who valued the permanent easement at $3,000 and the working easement at $120, for a total valuation of $3,120 as offered to the First Assembly of God of Lubbock. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5107 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (12.) Consider Resolution #5108 authorizing the Right -of -Way Department to make an offer to Carl Russell for a water line easement in Section 17, Block E-2 (4001 98th Street). RESOLUTION #5108 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for public purposes and municipal purposes, to -wit: a permanent water line easement and working easement, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of the easements in, upon, over, under along and across land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 112 City Council Minutes February 22, 1996 Page 113 SECTION 1. THAT a permanent water line easement in, upon, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 10-foot water line easement located in Section 17, Block E-2, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at a point for the Southwest corner of this easement which bears S. 00°00'55" E., a distance of 177.54 feet and N. 89°59'05" E., a distance of 1319.70 feet from the Northwest corner of Section 17, Block E-2, Lubbock, Lubbock County, Texas; THENCE N. 00000'55" W., a distance of 10.71 feet to a point in the South right-of-way line of 98th Street for the Northwest corner of this easement; THENCE N. 6805710" E., along said South right-of-way line of 98th Street, a distance of 144.52 feet to a point of curvature; THENCE Northeasterly, along said South right-of-way line, around curve to the right, said curve having a radius of 899.93 feet, a central angle 21'01'55", tangent lengths of 167.05 feet, and a chord distance of 328.49 feet to a point of tangency; THENCE N. 89059'05" E., along the said South right-of-way line, a distance of 575.30 feet to a point in the West line of a 6.00 acre tract surveyed by J. M. Cieszinski dated October 17, 1995 for the Northeast corner of this easement; THENCE S. 00000'55" E., along the said West line, a distance of 10.00 feet to a point for the Southeast corner of this easement; THENCE S. 89059'05" W., a distance of 575.30 feet to a point of curvature; THENCE Southwesterly, around a curve to the left, said curve having a radius of 889.93 feet, a central angle of 21001'55", tangent lengths of 165.20 feet, and a chord distance of 324.84 feet to a point of tangency; THENCE S. 68057'10" W., a distance of 148.37 feet to the POINT OF BEGINNING. SECTION 2. THAT a working easement in, upon, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 40-foot working easement located in Section 17, Block E-2, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at a point for the Northwest corner of this easement which bears S. 00°00'55" E., a distance of 177.54 feet and N. 89°59'05" E., a distance of 1319.70 feet from the Northwest corner of Section 17, Block E-2, Lubbock, Lubbock County, Texas; 113 City Council Minutes February 22, 1996 Page 114 THENCE N. 6805710" E., a distance of 148.37 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 889.93 feet, a central angle of 21'01'55", tangent lengths of 165.20 feet, and a chord distance of 324.84 feet to a point of tangency; THENCE N. 89059'05" E., a distance of 575.30 feet to a point in the West line of a 6.00 acre tract surveyed by J. M. Cieszinski dated October 17, 1995 for the Northeast corner of this easement; THENCE S. 00000'55" E., along the said West line, a distance of 40.00 feet to a point for the Southeast corner of this easement; THENCE S. 89059'05" W., a distance of 575.30 feet to a point of curvature; THENCE Southwesterly around a curve to the left, said curve having a radius of 849.93 feet, a central angle of 21'0V55", tangent lengths of 157.77 feet, and a chord distance of 310.24 feet to a point of tangency; THENCE S. 6805710" W., a distance of 163.75 feet to a point for the Southwest corner of this easement; THENCE N. 00°00'55" W., a distance of 42.86 feet to the POINT OF BEGINNING. SECTION 3. THAT the owner of said tracts, being CARL RUSSELL, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $10,950.00, which is the amount appraised as the value and total damages for the acquisition of a permanent water line easement and working easement in, upon, over, under, along and across said real estate hereinabove described for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the above -described easements in, upon, over, under, along and across said land for public purposes and municipal purposes. 114 City Council Minutes February 22, 1996 Page 115 Passed by the City Council this 22nd day of February 1996. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this water line easement is located along the south side of 98th Street, 300 feet west of Memphis Avenue, and is approximately 1,050 feet in length. This easement is composed of two parts, a permanent 10-foot wide easement located along the south right-of-way line of 98th Street and a 40-foot wide working easement located 10-feet south of the south right-of-way line of 98th Street. This easement is needed for the installation of a 54-inch water line running westward from Memphis Avenue to Quaker Avenue. This water line easement was appraised by Ralph Mabry, M.A.I., who valued the permanent easement at $10,503 and the working easement at $447 for a total valuation of $10,950 as offered to Carl Russell. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5108 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (13.) Consider Resolution #5109 authorizing the Mayor to execute a maintenance contract between the City of Lubbock and Jetbridge Technology, Inc. RESOLUTION #5109 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 Jetbridge Technology, Inc., attached hereto, 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. 115 City Council Minutes February 22, 1996 Page 116 Passed by the City Council this 22nd day of February 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Aviation Manager 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 Jetbridge Technology, Inc., is filed with Resolution No. 5109. According to staff memo, the passenger loading bridges at Lubbock International Airport (LIA) require periodic maintenance checks to ensure the long-term reliability of the equipment and the safety of the passengers. These maintenance checks require specialized equipment and skills and are contracted out by most airports. LIA has contracted out for these services for the past several years. LIA currently contracts with Jetbridge Technology, Inc. for these services. The contract, which expires at the end of this month, costs $11,200 per year, and is fully recovered from the airlines that utilize the loading bridges. The airlines have indicated their support for the continuation of the arrangement with Jetbridge Technology for one year. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5109 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 116 City Council Minutes February 22, 1996 Page 117 (14.) Consider Resolution 95110 authorizing the Mayor to execute a contract with University Medical Center's Dimensions to perform screening and/or diagnostic mammogram services for the Breast and Cervical Cancer Control Program. RESOLUTION 45110 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 between the City of Lubbock and University Medical Center to perform screening and/or diagnostic services, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of February 1996. /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 of Health & Community Services APPROVED AS TO FORM: /s/ Clarence E. Walker Clarence E. Walker, Assistant City Attorney A copy of the Interlocal Agreement by and between the City of Lubbock and University Medical Center is filed with Resolution No. 5110. According to staff memo, in July 1995, the City of Lubbock Health Department applied for a grant from the Texas Department of Health to perform breast and cervical cancer screening. The funding was granted and the resolution was passed by the City Council on October 12,1995. This amendment to the grant is of a routine nature and is necessary to comply with the terms of the original grant as approved by the Council. University Medical Center's Dimensions will provide screening and/or diagnostic mammograms to women who qualify for the Breast and Cervical Cancer Control Program and are referred through the City of Lubbock Health Department. There will be no cost to the City for the services provided. Staff recommended approval of this resolution. 117 City Council Minutes February 22, 1996 Page 118 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5110 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (15.) Consider the price and condition of sale of Parcel Numbers 15760-22-140 & 150 at 2405-07 Hickory Avenue in the Chatman Hill Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency (URA) to Lubbock Habitat for Humanity, a non-profit organization, for $60 ($30 per lot). The property is to be redeveloped with a new 1,200 square foot, single-family residence valued at $30,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline plan to develop the 2400 block of Hickory Avenue with eight homes for low-income families. The proposal was accepted by the URA Board of Commissioners on September 20, 1994. Currently, one home has been completed and two homes are under construction. Staff recommended the approval of this sale. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize sale as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (16.) Consider the price and condition of sale of Parcel Number 93440-45-7 at 2412 Hickory Avenue in the Chatman Hill Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency (URA) to Lubbock Habitat for Humanity, a non-profit organization, for $30 per lot. The property is to be redeveloped with a new 1,200 square foot, single-family residence valued at $30,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline plan to develop the 2400 Block of Hickory Avenue with eight homes for low-income families. The proposal was accepted by the URA Board of Commissioners on September 20, 1994. Currently, one home has been completed and two homes are under construction. Staff recommended approval of this sale. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize sale as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (17.) Consider the price and condition of sale of Parcel Number 15760-53-70 at 3116 Teak Avenue in the Chatman Hill Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency (URA) to Texas Builders, Inc., for $400. The proposed development is a new 1,084 square foot single- family residence valued at $38,000. The land is properly zoned. 118 City Council Minutes February 22, 1996 Page 119 The proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area adopted by the URA Board of Commissioners on August 15, 1989. Staff recommended approval of this sale. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize sale as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (18.) Bid 913418 - Contract Turf Maintenance (Park Maintenance). West Texas Maintenance --Group 9 Right -of -Way Il. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (19.) Bid #13446 - Paratransit Vans (Transit). Lasseter Bus Company Incorporated--3 Ea Paratransit Vans. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (20.) Bid #13450 - Boiler Feed Pump Rotor Repair (Electric Production). BWIP International, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (21.) Bid #13475 - ACM Abatement at Hodges Community Center, and authorize same (Building Services). RESOLUTION #5111 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 Vanco Insulation Abatement, Inc., of Midland, Texas, to furnish and install all services and materials as bid for the ACM Abatement at Hodges Community Center, 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. 119 City Council Minutes February 22, 1996 Page 120 Passed by the City Council this 22nd day of February 1996. /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 NOTE: Not awarded to this bidder after all. In the rebid process on February 28, 1996 per Chris Christian, Purchasing Department. CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 22nd day of February 1996 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 West Texas Abatement 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. 13475--ACM Abatement at Hodges Community Center in the amount of $11,443.00 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. 120 City Council Minutes February 22, 1996 Page 121 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/ George Lisenbe ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver West Texas Abatement CONTRACTOR By: /s/ Leo Padgett TITLE: Vice President West Texas Abatement P.O. Box 2895 Lubbock, TX 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5111 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (22.) Ordinance #9773--ZONE CASE NO. 1999-F (5507 Brownfield Road) --Request of Bernie Gradel, Jr., (for Small Business Administration) for a zoning change from C-3 to C-4 on a tract out of Lot 1-B, Block 1, Westmoreland Addition. ORDINANCE #9773 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1999-F; A ZONING CHANGE FROM C-3 TO IHC ZONING ON A TRACT OUT OF LOT 1-B, BLOCK 1, WESTMORELAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading — Ordinance #9773 as amended with IHC designation and as recommended by P&Z and City staff. Motion carried: 4 Yeas; 0 Nays. 121 City Council Minutes February 22, 1996 Page122 (29.) Consider Resolution #5112 authorizing the Mayor to execute a contract between the City of Lubbock, which is designated as the Metropolitan Planning Organization (MPO) of the Lubbock Urbanized area, and Kimley-Horn and Associates, Inc., for consulting engineering services to complete a Computerized Traffic Control System Study (CTCS). RESOLUTION 45112 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 for Professional Services with Kimley-Horn and Associates, Inc. for a Computerized Traffic Control System Study, attached hereto, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of February 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jere Hart Jere Hart, City Traffic Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract for Professional Services by and between the City of Lubbock and Kimley-Horn and Associates, Inc., is filed with Resolution No. 5112. Jere Hart, Traffic Engineer, presented staff comments. On May 17, 1995, the Policy Transportation Committee of the Metropolitan Planning organization approved a revision to the FYI 995 Unified Work Program which included $114,291 in federal and state planning funds to be matched with $10,709 City of Lubbock Traffic Control System Capital Projects funds (total of $125,000) to conduct a study to update the City's Computerized Traffic Control System. This capital project was also approved by the City Council on May 25, 1995 in the City of Lubbock's revised budget for FY1994-95. The current system is over 13 years old and is approaching the end of its design life of 15 years. A request for proposals (RFP) was issued by the City of Lubbock Purchasing Department. There were four proposals submitted by the closing date on August 17, 1995. Following evaluations of the proposals, a contract scope and price was negotiated with the number one 122 City Council Minutes February 22, 1996 Page 123 firm, Kimley-Horn and Associates, Inc., Dallas, Texas, in association with Lee Engineering, Inc., Phoenix, Arizona. The contract has been reviewed and approved by the MPO, Federal Highway Administration and the Texas Department of Transportation. The study is being performed to identify the best solution for _ Lubbock's upgrade and expansion needs and an estimate of the cost to accomplish this in a multi -phased manner before it begins to fail. At the same time, new technologies to improve the operations of the traffic signal system will be investigated as to their applicability to meet Lubbock's needs both now and in the near future. Staff recommended approval of this resolution authorizing the contract between the City and Kimley-Horn and Associates. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #5112 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (30.) Consider Resolution #5113 authorizing the Mayor to execute a contract between the City of Lubbock, which is designated as the Metropolitan Planning Organization (MPO) of the Lubbock Urbanized area, and Lee Engineering, Inc., for consulting engineering services to complete a Traffic Congestion Determination and Relief Study. RESOLUTION #5113 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 for Professional Services with Lee Engineering for a Congestion Relief Study, attached hereto, which Contract 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. 123 City Council Minutes February 22, 1996 Page 124 Passed by the City Council this 22nd day of February 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jere Hart Jere Hart, City Traffic Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract for Professional Services by and between the City of Lubbock and Lee Engineering is filed with Resolution No. 5113. Jere Hart, City Traffic Engineer, presented staff comments. On May 17, 1995, the Policy Transportation Committee of the Metropolitan Planning Organization approved a revision to the FYI 995 Unified Work Program which included $40,000 in federal planning funds to be matched with $10,000 City of Lubbock Traffic Control System Capital Projects funds (total of $50,000) to conduct a Congestion Determination and Relief Study. This capital project was also approved by the City Council on May 25, 1995, in the City of Lubbock's revised budget for FY1994- 95. A request for proposals (RFP) was issued by the City of Lubbock Purchasing Department. There were five proposals submitted by the closing date on August 22, 1995. Following City purchasing procedures, and after notifying the City Council of the results of the evaluations of the proposals, a contract scope and price was negotiated with the number one firm, Lee Engineering, Inc., Dallas, Texas, and Phoenix, Arizona, in association with Kimley-Horn and Associates, Inc., Dallas, Texas. The proposed contract has been reviewed and approved by the MPO, Federal Highway Administration and the Texas Department of Transportation. Staff recommended approval of this resolution authorizing the contract between the City and Lee Engineering, Inc. for a Congestion Determination and Relief Study. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to authorize Resolution #5113 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 124 City Council Minutes February 22, 1996 Page 125 (23.) ZONE CASE NO.2767 (3034 Slide Road) --Hold a public hearing to consider request of Clear-Vu Auto's for a zoning change from C-3 to C-4 limited to used vehicle sales and all permitted C-3 uses on Lot 16, Howard Garlington Addition, and to consider ordinance. ORDINANCE #9881 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2767; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON LOT 16, HOWARD GARLINGTON 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. Kirk Whitworth appeared on behalf of Clear-Vu Auto's to present this request for zone change from C-3 to C-4. No one appeared in opposition. Mayor Langston closed the hearing at 10:35 a.m. Randy Henson, Senior Planner, presented staff comments. At the corner of 34th and Slide, approximately one-half of the parcel is already zoned C-4. This request will accommodate the use of the service station for used vehicle sales and continue the existing C- 3 zoning. The proponent indicates that the structure will be remodeled. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial and residential According to staff memo, the request is not a deviation from the Comprehensive Land Use Plan. Slide Road is a designated Farm to Market and this parcel will be adjacent to the future east -west freeway right-of-way. The request complies with zoning policies and should create no traffic related issues. The Planning and Zoning Commission recommended the request with one condition: Limited to used vehicles sales and all unconditionally permitted C-3 uses. Staff recommended approval of the first reading of this ordinance. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance #9881 with condition as recommended by P&Z and City staff. Motion carried: 4 Yeas; 0 Nays. 125 City Council Minutes February 22, 1996 Page 126 (24.) ZONE CASE NO. 1864-E (east of Ironton and south of 34th Street) --Hold a public hearing to consider request of Joe Stettheimer (for Heritage Home) for a zoning change from A- 2 to R-1 Specific Use (garden homes) on a tract out of Section 37, Block AK, and to consider ordinance. ORDINANCE 49882 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1864-E; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 37, BLOCK A-K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:37 a.m. Joe Stettheimer appeared on behalf of Heritage Home to present this request for zone change from A-2 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:39 a.m. Randy Henson, Senior Planner, presented staff comments. The existing vacant parcel is zoned A-2 from a project of town homes and apartments that was never completed. The town home portions were built and surround the parcel on the north, south and east. Mr. Henson gave the adjacent land use relationships as follows: North - townhomes South - townhomes East - townhomes West - single family According to staff memo, the request is compatible with the Comprehensive Land Use Plan. The proposal meets zoning policies and has little or no effect on the thoroughfare system. The project will contain 16 homes versus a possible 70f unit apartment complex allowed by the existing zoning. Staff recommended approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9882 as recommended by P&Z and City staff. Motion carried: 4 Yeas; 0 Nays. 126 City Council Minutes February 22, 1996 Page127 (25.) ZONE CASE NO. 1501-E (1302 50th Street) --Hold a public hearing to consider request of Pete Stone (for Stone's Tire and Auto Center) for a zoning change from C-3 to C-4 limited to auto repair, utility vehicle rental and all permitted C-3 uses on Lots 363, 364 and the east 30 feet of Lot 365, Benhall Manor Addition, and to consider ordinance. ORDINANCE 49883 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1501-E; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON LOTS 363,364 AND THE EAST 30 FEET OF LOT 365, BENHALL MANOR ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:40 a.m. Pete Stone appeared on behalf of Stone's Tire and Auto Center to present this request for zone change from C-3 to C-4. No one appeared in opposition. Mayor Langston closed the hearing at 10:42 a.m. Randy Henson, Senior Planner, presented staff comments. The parcel is a C-3 remnant between IHC zoning to both the east and west. The proponent is being displaced from a location at 66th and University which was zoned to accommodate a business similar to the proposal of this request. One adjacent owner submitted and later withdrew opposition. Mr. Henson gave the adjacent land use relationships as follows: North - single family South - single family East - commercial West - commercial The request should have no effect on traffic. The Planning and Zoning Commission approved the request with two conditions: Limited to a public repair garage, utility vehicle rental and all unconditionally permitted C-3 uses. The display of utility rental vehicles shall be limited to one vehicle between the building line and 50th Street. All other storage shall be behind the building or between the building and Avenue L. Staff recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9883 with conditions as recommended by P&Z and City staff. Motion carried: 4 Yeas; 0 Nays. 127 City Council Minutes February 22, 1996 Page 128 (26.) ZONE CASE NO.2769 (south of 19th Street and west of Quitsna)--Hold a public hearing to consider request of Monte Petree (for Dennis Kirk) for a zoning change from R-1 to C-4 (wholesale house, sales office and storage lot) on a tract out of Section 5, Block D-6, and to consider ordinance. ORDINANCE #9884 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2769; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON A TRACT OUT OF SECTION 5, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:43 a.m. Monte Petree appeared on behalf of Dennis Kirk to present this request for zone change from R-1 to C-4. No one appeared in opposition Mayor Langston closed the hearing at 10:45 a.m. Randy Henson, Senior Planner, presented staff comments. The proponent proposes a business that involves a wholesale warehouse, sales office and vehicular storage. Mr. Henson gave the adjacent land use relationships as follows: North - Reese AFB South - semi -industrial, site of an old gin East - non -conforming heavy commercial West - trailer park The request is consistent with the Comprehensive Land Use Plan. Zone cases on 19th Street outside Loop 289 have traditionally contained a prohibition of some permitted uses. The Planning Commission recommended the request with the following conditions: The C-4 zoning shall prohibit the following C-4 uses: Automobile Body Shops Billboards Commercial Private Clubs and Teenage Clubs Dancehall Feed Store Used Furniture Store Gameroom (except as an incidental use in a restaurant), Pool, Billiard and/or Domino Parlor Motorcycle Shop Public Kennel Second -Hand Goods Store or Pawn Shop Used Car Lot Nightclubs The proposal will have little or no effect on traffic on 19th Street. Staff recommended the approval of the first reading of this ordinance. 128 City Council Minutes February 22, 1996 Page 129 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9884 with conditions as recommended by P&Z and City staff. Motion carried: 4 Yeas; 0 Nays. (27.) ZONE CASE NO.2770 (northwest corner of East 50th Street and Loop 289)--Hold a public hearing to consider request of City of Lubbock for a zoning change from M-1 to M-2 on a tract out of Section 1, Block B, and to consider ordinance. ORDINANCE #9885 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2770; A ZONING CHANGE FROM M-1 TO M-2 ZONING ON A TRACT OUT OF SECTION 1, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:48 a.m. Randy Henson appeared on behalf of the City of Lubbock to present this request for zone change from R-1 to C-4. No one appeared in opposition. Mayor Langston closed the hearing at 10:50 a.m. Randy Henson, Senior Planner, presented staff comments. The City of Lubbock is the owner of this parcel as a portion of the effluent application farm. The property has been leased to the Plains Co-op Oil Mill for a new facility. Mr. Henson gave the adjacent land use relationships as follows: North - City property South - industrial East - Loop 289 West - industrial The request is consistent with the Comprehensive Land Use Plan and all zoning policies. The property south of 50th Street at this location is zoned M-2. The project will have no negative effect on the thoroughfare system. The Planning and Zoning Commission recommended the request to the City Council for approval. Staff recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9885 as recommended by P&Z and City staff. Motion carried: 4 Yeas; 0 Nays. 129 City Council Minutes February 22, 1996 Page 130 (28.) ZONE CASE NO.2011-B (south of 38th Street and east of Milwaukee) --Hold a public hearing to consider request of Betenbough & Company for a zoning change from R-2 to R-1 Specific Use (garden homes with a 20 foot minimum front setback) on a tract out of Section 37, Block AK, and to consider ordinance. ORDINANCE #9886 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2011-B; A ZONING CHANGE FROM R-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 37, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:51 a.m. Rick Betenbough appeared on behalf of Betenbough & Company to present this request for zone change from R-2 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:52 a.m. Randy Henson, Senior Planner, presented staff comments. The proponent is allowed to develop garden homes in the existing R-2 District. The purpose of this case is to require all garden homes within the development and not allow a duplex to be built by a future lot owner. Mr. Henson gave the adjacent land use relationships as follows: North - residential South - industrial with conditions East - mobile home park West - residential The proponent requested a condition for a 20-foot minimum front setback. In the town/garden home specific use section of the Zoning Code, the minimum setback is 15 feet for non -garage portions of the homes. The proposed condition is more restrictive than allowed by the existing R-2 zoning. The request is consistent with both Comprehensive Land Plan and zoning policies. The proposal should have little effect on traffic. The Planning and Zoning Commission recommended the request to the City Council with one condition: The front setback shall be a minimum of 20 feet. Staff recommended the approval of the first reading of this ordinance. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance #9886 as recommended by P&Z and City staff. Motion carried: 4 Yeas; 0 Nays. 130 City Council Minutes February 22, 1996 Page131 (31.) Consider Resolution #5114 authorizing the City Manager to execute a grant amendment to the Office of Economic Adjustment for Reese Redevelopment. RESOLUTION 95114 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 proposed amendment to a grant from the federal Office of Economic Adjustment and all related documents for Federal assistance for the Lubbock/Reese Redevelopment Committee, which proposed 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 22nd day of February 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Managing Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Grant Amendment for federal assistance for the Lubbock/Reese Redevelopment Committee is filed with Resolution No. 5114. Jim Bertram, Director of Strategic Planning, presented staff comments. On July 22, 1995, the City Council approved a grant application to the Office of Economic Adjustment (OEA) in the amount of $175,000. This grant requires a 25 percent local match, of which 10 percent must be in cash. These funds were originally established to support the Lubbock Reese Redevelopment Plan as well as office staff, travel and related costs. 131 City Council Minutes February 22, 1996 Page 132 Staff was aware that an amendment would be required to fund the contract for a land use consultant. This new amendment would increase the total grant award to $607,172. OEA's portion would increase to $455,379, up $324,129 from $131,250. This will require a local match of $151,793. Lubbock County has approved $10,000 toward the match. This amendment will allow the City to fund the costs to complete a Comprehensive Reuse Plan for Reese AFB. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to authorize Resolution #5114 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (32.) Consider Resolution #5115 authorizing the Mayor to execute a contract with The Pathfinders, Inc., for professional services to develop a Comprehensive Reuse Plan for Reese Air Force Base. RESOLUTION 45115 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 a Services Agreement by and between the City of Lubbock and The Pathfinders, attached herewith, with regard to creation of a Comprehensive Reuse Plan for Reese AFB and all 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. However, the Mayor shall not execute this Resolution unless and until such time as the City of Lubbock's request for a grant amendment to increase funding under the City's grant from the Federal Office of Economic Adjustment is approved by the OEA. Passed by the City Council this 22nd day of February 1996. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CITY OF LUBBOCK: /s/ David R. Langston DAVID R. LANGSTON, MAYOR 132 City Council Minutes February 22, 1996 Page 133 A copy of the Services Agreement by and between the City of Lubbock and Pathfinders is filed with Resolution No. 5115. Jim Bertram, Director of Strategic Planning, presented staff comments. The Lubbock/Reese Redevelopment Committee (LRRC) is the primary entity overseeing the redevelopment of Reese Air Force Base, which is due to close in September 1997. The next step in the process will be to hire a land use consultant to develop a Comprehensive Reuse Plan for Reese AFB. Funding for this project will be from a combination of the Office of Economic Adjustment (OEA), which is a federal agency within the Department of Defense, the City of Lubbock, and Lubbock County. The OEA will provide up to 75 percent of the project costs and the local match will be 25 percent, of which 15 percent can be in -kind. Thus far, the City of Lubbock has been awarded $131,250 in planning grant money from the OEA. This contract will require a request for additional OEA grant funds, which has been discussed with OEA. In response to this grant award, the Purchasing Department issued a Request for Proposal (RFP) for a Comprehensive Reuse Plan for Reese Air Force Base. A selection committee was appointed by the LRRC to review the proposals and make recommendations to the LRRC on the top three qualified firms. The review committee consisted of four members of the LRRC and each of the chairs of the various subcommittees appointed by the LRRC. The criteria used for selection of the top three firms was described in the RFP and included: Technical content of proposal, methodology, and appropriateness to project. Qualifications and experience of personnel and the amount of time of the specific persons committed to perform the requested services. Prior experience in similar projects. Verified reputation of work quality. Committee members reviewed and rated the proposals and determined the top three firms. On January 4, 1996, the top three qualified firms appeared before the LRRC for individual interviews. The three firms selected to make presentations were Arthur Andersen, BRW, and The Pathfinders. After further discussion of each firm's qualifications and follow-up reference checks, the LRRC recommended to City Council that they be allowed to negotiate a contract with The Pathfinders. During the presentation to the LRRC, The Pathfinders provided numerous examples of previous work which is consistent with the mission and goals of the LRRC for Reese redevelopment and also showed strong capabilities in marketing and implementation. 133 City Council Minutes February 22, 1996 Page 134 The current OEA grant provides $131,250 in Federal funds for personal services, supplies, and professional services. The City has $300,000 budgeted for Reese reuse, with $43,750 committed to the current OEA grant. Lubbock County has agreed to provide $10,000 as part of our local match. If the City executes this agreement with The Pathfinders, it will increase the Federal OEA grant funds to $455,379; increase the City's cash match to $141,793; with the county providing $10,000. This will require an OEA grant amendment for an additional $327,129. The LRRC reviewed and recommended approval of this contract on February 15, 1996, pending OEA's final review. The LRRC and City staff recommended approval, subject to the OEA requirements for up to $285,367 for Phase I and for up to $216,602 for Phase II. However, OEA's review could result in lowering these amounts. The City cannot execute this contract until written confirmation of OEA's approval of our grant amendment. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #5115 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (33.) Consider a resolution giving Notice of Intent to enter into a tax abatement agreement with Frito Lay, Inc. This item was deleted from the agenda. (34.) Consider Resolution #5116 nominating Plains Cooperative Oil Mill, Inc., for Enterprise Zone Project designation. RESOLUTION #5116 WHEREAS, the Texas Department of Commerce ("Commerce") designated the Lubbock South Enterprise Zone (the "Zone") on June 7, 1993; WHEREAS, Commerce will consider Plains Cooperative Oil Mill, Inc., as an enterprise project pursuant to a nomination and an application made by the City of Lubbock, Texas (the "City"); and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the Zone and to provide employment to residents of the Zone and to other economically disadvantaged individuals; and WHEREAS, pursuant to Chapter 2303, the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Plains Cooperative Oil Mill, Inc., has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that Plains Cooperative Oil Mill, Inc., meets the criteria for designation as an enterprise project under Chapter 2303 of the Act on the following grounds: 134 City Council Minutes February 22, 1996 Page 135 1. Plains Cooperative Oil Mill, Inc., is a "qualified business under Section 2303.401(a) of the Act since it will be engaged in the active conduct of a trade or business in the Zone and at least twenty-five percent (25%) of the business' new employees will be residents of a Zone within the City's jurisdiction or economically disadvantaged individuals. A Qualified Business Certification to comply with this provision by the Applicant is attached hereto as Exhibit A and made a part hereof for all purposes. 2. Plains Cooperative Oil Mill, Inc., is located in the Zone, or has made a substantial commitment to locate in the Zone, which has an unemployment rate of not less than one and one-half (1 1/2) times the state unemployment rate; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone: and 4. The designation of Plains Cooperative Oil Mill, Inc., as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Zone. WHEREAS, the City finds that Plains Cooperative Oil Mill, Inc., meets the criteria for tax relief on other incentives adopted by the City and nominates Plains Cooperative Oil Mill, Inc., on the grounds that it will be located wholly within the Zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interests of the City to nominate Plains Cooperative Oil Mill, Inc., as an enterprise project pursuant to the Act; NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that Plains Cooperative Oil Mill Inc., is a "qualified business", as defined in Section 2303.401(a) of the Act, and meets the criteria for designation as an enterprise project, as set forth in the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of the enterprise project by Commerce and terminate five (5) years after that date of designation. 135 City Council Minutes February 22, 1996 Page 136 PASSED BY THE CITY COUNCIL of the City of Lubbock this 22nd day of February 1996. /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 for Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney Joel Beesinger, Interim Director of Business Development, presented staff comments. Plains Cooperative Oil Mill, Inc., plans to build a new 500 ton per day cottonseed oil mill at 50th Street and Guava and a winterization and bottling plant at the existing site at 2901 Avenue A. Plains Cooperative Oil Mill, Inc., has requested that the City of Lubbock nominate them for Enterprise Zone designation. Designation as an Enterprise Zone Project will give Plains Cooperative Oil Mill, Inc. access to state incentives as follows: Refund of up to $1.25 million in state sales or use tax paid on taxes for building materials and machinery and equipment for use in the Enterprise Zone at the rate of no more than $250,000 per year Franchise tax reductions for state -designated enterprise projects When the application has been filed, the Texas Department of Commerce will make the decision whether to grant the project designation. These designations are made on a competitive basis. The scoring system is as follows: 50 percent on the distress level of the zone; 25 percent on the local commitment; and 25 percent on the amount of investment and number of jobs to be created and retained by the project and the wage level of those jobs. Plains Cooperative Oil Mill, Inc. will create 35 new jobs and retain 176 jobs in the South Enterprise Zone. They plan to invest $20 million in the new facilities. Staff recommended approval of this resolution nominating Plains Cooperative Oil Mill, Inc. for Enterprise Zone Project designation. 136 City Council Minutes February 22, 1996 Page 137 Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Neugebauer to authorize Resolution #5116 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (35.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Water Utilities). This item was deleted from the agenda. (36.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase, exchange, lease, or value of real property (Culture & Leisure Services). This item was deleted from the agenda. (37.) Confirm appointment of Ron McLaurin to the Appointments Advisory Board. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to appoint Ron McLaurin to the Appointments Advisory Board. Motion carried: 4 Yeas; 0 Nays. (38.) Confirm appointment of Patti Murphy to the Committee for Women. Motion was made by Councilmember Ince, seconded by _ Councilmember Patterson to appoint Patti Murphy to the Committee for Women. Motion carried: 4 Yeas; 0 Nays. (39.) Confirm appointment of Mark Blakemore to the Community Development Advisory Committee. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to appoint Mark Blakemore to the Community Development Advisory Committee. Motion carried: 4 Yeas; 0 Nays. (40.) Confirm appointment of Richard Molina to the Community Services Commission. This item was deleted from the agenda. (41.) Confirm reappointment of Bonnie Aycock, Sharon Beauchamp, Tina Fuentes and Eric Strong and appointment of Cindy Snell to the Municipal Arts Committee. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to reappoint Bonnie Aycock, Sharon Beauchamp, Tina Fuentes and Eric Strong and to appoint Cindy Snell to the Municipal Arts Committee. Motion carried: 4 Yeas; 0 Nays. 137 City Council Minutes February 22, 1996 Page 138 (42.) Confirm appointment of Floyd Stumbo to the Park and Recreation Board. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to appoint Floyd Stumbo to the Park and Recreation Board. Motion was carried: 4 Yeas; 0 Nays. (43.) Confirm appointment of Greg Collier to the Structural Standards Commission. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to appoint Greg Collier to the Structural Standards Commission. Motion carried: 4 Yeas; 0 Nays. (44.) Confirm reappointment of Betty Lowder and Winn Sikes to the Zoning Board of Adjustment. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to reappoint Betty Lowder and Winn Sikes to the Zoning Board of Adjustment. Motion carried: 4 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilmember Patterson, seconded by Ma o Tem Neugebauer to adjourn the meeting at 11:00 a.m. Motion carried: eas; 0 Na-N., 10 VID R. LANGSTON, M*-'OR ATTEST: �'� af Betty . Johnson City Secretary Read and approved this the 14th day of N�arch 1996. AVID R. LANGSTON, MA ATTEST: Betty M. Johnson City Secretary 138