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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/9/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 9, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 9th day of May 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 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 10:05 A.M. ( 1.) The Invocation was given by Reverend Dick McCreight, Pastor of New Life Center. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments ( 4.) Presentation of special recognition to O.L. Slaton Junior High Odyssey of the Mind team for winning the State competition. The Mayor presented special recognition certificates to the Odyssey of the Mind team from O.L. Slaton Junior High that will be advancing to the World Finals Competition. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the minutes of the April 11, 1996, Regular City Council Meeting, and the April 18, 1996, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 6.) ORDINANCE #9894--Zone Case No. 2718-B (6510-6516 4th Street) --Request of don Osborne (for Kurion Development) for a zoning change from R-2 to AM Specific Use for a personal care facility, medical or general office, and all unconditionally permitted R-2 uses on Lots 208-211, Terra Estates North. ORDINANCE 49894 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2718-B; A ZONING CHANGE FROM R-2 TO AM SPECIFIC USE ZONING FOR A PERSONAL CARE FACILITY, MEDICAL OR GENERAL OFFICE ON LOTS 208-211 TERRA ESTATES NORTH, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. City Council Meeting May 9, 1996 Page 270 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9894 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (7.) ORDINANCE #9895--Zone Case No. 1585-C (Between 19th and 34th Streets east of Frankford)--Request of Steve Eckman (for Lubbock Christian University) for a zoning change from R-1, A-2, A-2 and C-3 to R-1 Specific Use (golf course) on a tract out of Section 5, Block E-2 and Section 44, Block AK. ORDINANCE 49895 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1585-C; A ZONING CHANGE FROM R-1, A-1, A-2 AND C-3 TO R-1 SPECIFIC USE ZONING FOR A GOLF COURSE ON A TRACT OUT OF SECTION 5, BLOCK E-2 AND SECTION 44, BLOCK A-K, 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 Hernandez to pass on second and final reading Ordinance #9895 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) ORDINANCE #9898--Zone Case No. 1615-H (south of 58th Street and east of Loop 289)--Request of South Plains Mall Association (for Home Depot USA) for a zoning change from C-3 Specific Use to C-4 Specific Use (home improvement store with enclosed garden center) on a tract out of Section 28, Block E-2. ORDINANCE 49898 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1615-H; A ZONING CHANGE FROM C-3 SPECIFIC USE TO C-4 SPECIFIC USE ZONING FOR A HOME IMPROVEMENT STORE WITH ENCLOSED GARDEN CENTER ON A TRACT OUT OF SECTION 28, BLOCK E-2, 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 Hernandez to pass on second and final reading Ordinance #9898 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 270 City Council Meeting May 9, 1996 Page 271 (9.) ORDINANCE #9899--Zone Case No. 2151-A (708 SE Loop 289)--Request of Ken Kelsay (for Martin Marine) for a zoning change from R-1 to C-4 on Lots 1-6, Del Prado Addition. ORDINANCE #9899 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2151-A; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON LOTS 1-6, DEL PRADO 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 Hernandez to pass on second and final reading Ordinance #9899 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) Consider Resolution #5172 authorizing the Mayor to execute an agreement with the Lubbock Arts Alliance for an arts grants program for 1996. RESOLUTION 45172 THAT the Mayor BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock with Lubbock Arts Alliance, Inc., an Agreement and any associated documents for implementation of a grant program in support of the arts. A copy of said Agreement is attached hereto 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 9th day of May 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Services Manager 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 the Lubbock Arts Alliance, Inc., is filed with Resolution No. 5172. 271 City Council Meeting May 9, 1996 Page 272 According to staff memo, the City of Lubbock has an agreement with the Lubbock Arts Alliance, Inc., whereby the City of Lubbock pays a portion of the revenues collected from the hotel/motel tax for the encouragement, promotion, and improvement of all forms of art in the community. The 1996 agreement provides for a total sum of $105,743, which is .400 percent of the 0.4 cent hotel/motel tax collected during the fiscal year ended September 30, 1995. This represents a decrease of $10,940 under the allocation for 1995, which was $116,683. The agreement provides that a review committee of the Lubbock Arts Alliance, Inc., will receive and evaluate applications for art grants and make recommendations to the City Council for awarding of these grants. Approved grants are then paid by the Lubbock Arts Alliance, Inc., out of funds received from the City. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5172 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Ordinance #9900 abandoning and closing a five-foot underground utility easement located in Lot 828, Lakeridge Country Club Estates Addition (9307 Raleigh Avenue). ORDINANCE #9900 AN ORDINANCE ABANDONING AND CLOSING A FIVE-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 828, LAKERIDGE COUNTRY CLUB ESTATES 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 five-foot LP&L underground utility easement located along the north five feet of Lot 828, Lakeridge Addition. This easement is being closed because the contractor desires to build over it, and a new easement will be dedicated along the south five feet of the same lot. LP&L has approved this closure. Staff 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 #9900 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 272 City Council Meeting May 9, 1996 Page 273 (12.) Consider the price and condition of sale of Parcel Numbers 93440-25-3, 78990-60-1 & 2,15760-11-30 and 15760-17-10, 20, 30, 50, & 60 at 2604, 2606, 2608, 2612, 2605, 2607, 2609, 2611 and 2613 Elm Avenue. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Chatman Memorial Center, Inc., (CMCI), a non-profit organization, for $675 ($75 per lot). The proposed development is for six 1,650 to 1,950 square foot new, single-family residences valued at $45,000 to $50,000. The land is properly zoned. The proposed development is submitted according to CMCI's plan to ultimately develop the 2600 Block of Elm Avenue with seven homes for low income families. The marketing plan was accepted by the Urban Renewal Agency Board of Commissioners on June 21, 1994. Two lots were previously deeded. CMCI plans to begin construction before June 1, 1996. The Housing Department staff recommended the approval of the sale. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the sale of parcels as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #5173 accepting paving improvements constructed by Jarcon, Inc., in Bryan Park, Tract M. RESOLUTION 95173 A RESOLUTION ACCEPTING IMPROVEMENTS 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 Tract M, Bryan Park Addition, made arrangements with Jar -Con, Inc. for the construction of paving improvements 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: The North half of 64th Street from the Southwest corner of Tract M, Bryan Park Addition to 524 feet East, known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2037. The South half of 63rd Street from the Northeast corner of Tract K, Bryan Park Addition to the West back of curb of Geneva Avenue, known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2037. WHEREAS, the construction of the above paving improvements 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: 273 City Council Meeting May 9, 1996 Page 274 SECTION 1. THAT the said improvements 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 the City Engineer be authorized to direct payment to the Contractor in the amount of $6,633.40 for the City's portion of the construction costs on the North half of 64th Street. 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 9th day of May 1996. /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/ Harold Willard Harold Willard, Assistant City Attorney 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 paving and curb and gutter on the north half of 64th Street from the southwest corner of Tract M, Bryan Park Addition to 524 feet east, and the south half of 63rd Street from the northeast corner of Tract K, Bryan Park Addition to the west back of curb of Geneva Avenue. The City owns park property adjacent to a portion of 64th Street included in this project and is responsible for that portion of the paving costs. The City Council previously authorized a capital project for the City share of this street in the amount of $14,000. Upon acceptance of this street, the City's cost will be $6,633. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5173 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 274 City Council Meeting May 9, 1996 Page 275 (14.) Consider Resolution 95174 authorizing the Mayor to execute a contract with Texas Tech University for campus bus service. RESOLUTION #5174 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 Transit Management Company, Inc., Texas Tech University and Texas Tech University Health Sciences Center, and the City of Lubbock, Texas, for campus bus 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. Passed by the City Council this 9th day of May 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bettv M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract by and between the City of Lubbock and Texas Tech University is filed with Resolution No. 5174. According to staff memo, the contract with Texas Tech University (TTU) for transit services is for a one-year period beginning September 1, 1996, and ending on August 31, 1997. Contract cost per hour will be $32.40 for each bus, with fuel cost adjustment above or below $1.05 per gallon. The price of $32.40 per hour covers the full cost recovery for the City of Lubbock. Citibus has had a contract with TTU since 1968, with the fuel cost adjustment being added to the contract in 1981. In accordance with the TTU contract, Citibus does not collect fares from its passengers. p City Council Meeting May 9, 1996 Page 276 The City of Lubbock receives an equal amount from the Federal Transit Administration for each dollar collected from TTU. The additional funds are used to pay for system expenses which otherwise would have to be paid by the City. Citibus anticipates receiving $501,956 from TTU in FY 96-97. During the fall and spring semesters, Citibus will provide thirteen buses with wheelchair lifts on two routes operating from approximately 7:00 a.m. to 6:30 p.m., Monday through Friday. During the summer semester, Citibus will provide three buses operating from 7:30 a.m. to 3:30 p.m., Monday through Friday. The contract calls for a minimum of 15,000 hours of service. Citibus provides this service with all part-time operators. Citibus recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution 45174 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution #5175 authorizing the Mayor to execute a Consent to Assignment in favor of Wolfpen Associates. RESOLUTION #5175 WHEREAS, on May 11, 1995, the City of Lubbock, Texas, as Lessor, entered into a Non -Aeronautical Lease Agreement with Hallmark & Associates, as Lessee, for 115,500 square feet of land located in the air cargo complex at the Lubbock International Airport; and WHEREAS, such Lease provides that it may be assigned so long as the leased premises and improvements continue to be used for the purposes expressed therein and the Assignee agrees in writing that it will observe and abide by all of the terms, covenants and conditions of the Lease; and WHEREAS, Lessee desires to assign the above -described Lease to Wolfpen Associates, Inc., whose address is 1118 Panorama Drive, Covington, Kentucky 41011, and a draft copy of the proposed assignment is attached hereto and included herein as part of this Resolution; and WHEREAS, the proposed Assignment complies with all of the requirements contained in the Lease for such an Assignment; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT in consideration of an Assignment executed in substantially the same form as the attached document, the City Council hereby consents to the Assignment by the Lessee to Wolfpen Associates, Inc. of the Lease dated May 11, 1995, between the City of Lubbock and Hallmark & Associates, Inc. A61 City Council Meeting May 9, 1996 Page 277 Passed by the City Council this the 9th day of May 1996. /s/ David R. Lansg ton 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 Will Harold Willard, Assistant City Attorney A copy of the Lease Agreement by and between the City of Lubbock and Hallmark & Associates, Inc., is filed with Resolution No. 5175. According to staff memo, Wes Hallmark and Associates currently holds the ground lease where the new Federal Express cargo facility is located at the north end of runway 17R on the west side of the airport. Mr. Hallmark wishes to assign his interest in the facility to Wolfpen Associates. Staff recommended approval of this assignment. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5175 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider Resolution #5176 authorizing the Mayor to execute a grant amendment with the Office of Economic Adjustment for Reese Redevelopment. RESOLUTION 45176 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Amendment from the Federal Office of Economic Adjustment and all related documents for 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. 277 City Council Meeting May 9, 1996 Page 278 Passed by the City Council this 9th day of May 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/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Grant Amendment is filed with Resolution No. 5176. According to staff memo, on February 22, 1996, the City Council approved a grant amendment to the Office of Economic Adjustment (OEA) to cover the cost of professional services to develop a redevelopment plan for Reese Air Force Base. Subsequent to that approval, OEA required the City to send out an addendum to the original RFP requiring the nine consulting firm respondents to submit cost as a part of their proposal to the City of Lubbock. Three firms responded and, after an additional selection process, the Pathfinders firm was again selected by the Lubbock/Reese Redevelopment Committee (LRRC). The draft contract between Pathfinders and the City of Lubbock was resubmitted to OEA and after a review of the contract, they submitted a list of comments requiring cost reductions or clarifications. The final negotiations resulted in OEA tentatively agreeing to a grant amount of $427,624 for the Pathfinders contract, including a $320,718 federal share and $106,906 local share. This negotiated amount resulted in reductions or elimination of issues involving environmental problems, annexation/zoning, and reuse plan acquisition strategies. These reductions have been agreed to by Pathfinders. OEA invited additional grant requests later in the process involving acquisition strategies and management strategies. A grant application has been submitted to OEA and is under review at this time. The local match is a combination of funds budgeted in the FY 1995-96 General Fund budget and $10,000 contributed by the County of Lubbock. The LRRC and a subcommittee of the LRRC have reviewed and recommended submittal of this grant application to OEA. Staff recommended approval of this resolution. 278 City Council Meeting May 9, 1996 Page 279 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5176 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Bid 413427--Crash Fire Rescue Vehicle (Aviation). Emergency One Parts Central --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. (18.) Bid #13532--Outdoor Drinking Fountains - Annual Pricing (Park Development). Most Dependable Fountains --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. (20.) Bid #13538--Washington Park Shelter Renovation, and authorize same (Park Development). RESOLUTION #5177 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 with Quicksilver Construction of Lubbock, Texas, to furnish and install all materials and services as bid for the Washington Park Shelter Renovation, 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. 279 City Council Meeting May 9, 1996 Page 280 Passed by the City Council this 9th day of May 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 CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 9th day of May 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 Quicksilver Construction 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. 13538--Washington Park Shelter Renovation in the amount of $37,900.00 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. City Council Meeting May 9, 1996 Page 281 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Name not Legible ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Quicksilver Construction CONTRACTOR By: /s/ Loyde Castle TITLE: Vice President QuickSilver Construction 1205 E. 46th Street Lubbock, Texas 79404 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5177 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Bid #13539--Hartford Avenue Lift Station, and authorize same (Water Utilities). RESOLUTION #5178 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 with Rhode Construction Company of Lubbock, Texas, to furnish and install all materials and services as bid for the Hartford Avenue Lift Station, 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. 281 City Council Meeting May 9, 1996 Page 282 Passed by the City Council this 9th day of May 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 CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 9th day of May 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 Rhode Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13539--Hartford Avenue Lift Station in the amount of $96,327.00 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. 282 City Council Meeting May 9, 1996 Page 283 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/ Michael E. Murphy ATTEST: /s/ Jana Johnson Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Rhode Construction Company CONTRACTOR By: /s/ Carman G. Rhode TITLE: Vice President COMPLETE ADDRESS: Rhode Construction Company P.O. Box 53370 Lubbock, Texas 79453 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5178 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Bid #13540--Glass Replacement at Lubbock International Airport, and authorize same (Aviation). RESOLUTION #5179 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 with Crafton's Glass, Inc. of Lubbock, Texas, to furnish and install all materials and services as bid for the Glass Replacement at Lubbock International Airport, 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. 283 City Council Meeting May 9, 1996 Page 284 Passed by the City Council this 9th day of May 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 CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 9th day of May 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 Crafton's Glass, 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. 13540--Glass Replacement at Lubbock International Airport in the amount of $20,745.00 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 Meeting May 9, 1996 Page 285 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/ &M M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Hugh Hill ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Crafton's Glass. Inc. CONTRACTOR By: /s/ Tobv Owens TITLE: Manager COMPLETE ADDRESS: Crafton's Glass, Inc. 4801 I-27 Lubbock, Texas 79404 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5179 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) Bid #13544--Dump Truck Cab & Chassis (Fleet Services). Shamrock Chevrolet --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. (24.) Bid #13548--Concrete Reconstruction, and authorize same (Building Services). RESOLUTION 45180 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 with Midwest Concrete, Inc. of Lubbock, Texas, to furnish and install all materials and services as bid for the Concrete Reconstruction, 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. 285 City Council Meeting May 9, 1996 Page 286 Passed by the City Council this 9th day of May 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 CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 9th day of May 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 Midwest Concrete, 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. 13548--Building Maintenance Improvements in the amount of $73,436.25 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. /:• City Council Meeting May 9, 1996 Page 287 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ Larry Hertel ATTEST: /s/ Beverly Holbert Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Midwest Concrete, Inc. CONTRACTOR By: /s/ Steve Holbert TITLE: President Midwest Concrete, Inc. P.O. Box 3964 Lubbock, Texas 79452 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5180 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Bid 913573--Lubbock Power & Light - Holly #1 Steam Turbine Repairs (Electric Production). Hickham Industries— 1 Ea Diaphragms; 1 Ea Steam Control Valves. Chromalloy HIT--1 Ea Repairs to Nozzle Block; 1 Ea Repairs to Rotor. 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. (19.) BID #13537--Optical Fiber Fusion Splicer (Electric Distribution). This item was deleted from the agenda. ►.: I City Council Meeting May 9, 1996 Page 288 (26.) Ordinance #9893--ZONE CASE NO. 1996-G (south of 66th Street between Brentwood and Bangor, south of 66th Street and east of Bangor, and 68th to 69th Street between Bangor and Albany) --Request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from A-1 to R-1 and R-1 Specific Use (garden homes) located on two tracts out of Section 27, Block E-2 and on Lots 15-26, 35-46, and 55-60, Remington Park Addition. ORDINANCE #9893 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1996-G; A ZONING CHANGE FROM A-1 TO R-1 AND R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON TWO TRACTS OUT OF SECTION 27, BLOCK E-2, AND ON LOTS 15-26, 35-46, AND 55-60, REMINGTON PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. City Manager Bob Cass indicated that the City staff will pursue the possibilities of shared use of radio transmission facilities. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance 49893 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused and excused himself from any discussion and voting on this item. (27.) Ordinance #9896--ZONE CASE NO. 1717-A (north of 19th Street and east of Peoria) --Request of Cimarron Land Services, Inc. (for Lubbock SMSA/Southwestern Bell Mobile Systems) for a zoning change from C-4 to C-4 Specific Use (radio transmission facility) on a portion of Lot 10, Block 11, C. C. Leftwich Addition. ORDINANCE #9896 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1717-A; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A PORTION OF LOT 10, BLOCK 11, C. C. LEFTWICH ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. City Manager Bob Cass indicated that the City staff will pursue the possibilities of shared use of radio transmission facilities. Motion was made by Councilmember Ince, seconded by — Councilmember Cooke to pass on second and final reading Ordinance #9896 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. City Council Meeting May 9, 1996 Page 289 (28.) Ordinance #9897--ZONE CASE NO.2768 (south of 19th Street and west of Elmwood Avenue) --Request of Cimarron Land Services, Inc. (for Lubbock SMSA/Southwestern Bell Mobile Systems) for a zoning change from C-3 to C-3 Specific Use (radio transmission facility) on a portion of Tract U-2-A-1, Greenlawn Addition. ORDINANCE #9897 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2768; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A PORTION OF TRACT U-2-A-1, GREENLAWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on second and final reading Ordinance #9897 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution #5181 authorizing the Mayor to execute a contract between the City of Lubbock and Parkhill, Smith and Cooper, Inc. for consulting engineering and environmental services to complete the plans, specifications, and estimates for the 82nd Street project from Frankford Avenue to U.S. 62/82. RESOLUTION #5181 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 Parkhill, Smith and Cooper, Inc., for engineering services for improvements to 82nd Street from Frankford Avenue to US 62/82 for the City of Lubbock, 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 Meeting May 9, 1996 Page 290 Passed by the City Council this 9th day of May 1996. /s/ David R. Langston ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., is filed with Resolution No. 5181. Marsha Allen, Senior Civil Engineer, presented staff comments. On November 16, 1995, the City Council approved the execution of an intergovernmental agreement between the City of Lubbock and Lubbock County to begin the design and environmental work on the 82nd Street project from Frankford Avenue to U.S. 62/82. — A request for proposals (RFP) was issued by the City of Lubbock's Purchasing Department. There was only one proposal received. Following the City purchasing procedures, and after receiving no comment from the City Council regarding the results of the evaluation of the proposal, a contract scope and price was negotiated with the firm of Parkhill, Smith and Cooper, Inc. The contract amount, not to exceed $276,768, falls within the Consulting Engineers Council of Texas range for a project of this size. The estimated cost of construction of this project is $4,200,000. The contract includes services that are above and beyond what is considered to be basic engineering services. The items are summarized as follows: Maximum Fee in the Contract $276,768 Less Additional Services: (105,093) Environmental Assessment 47,397 Topographic Surveys 51,215 Geotechnical Investigations 6,481 Net Maximum Fee $171,675 Construction Cost Estimate $4,200,000 Percentage of Construction Cost 4.09 percent Lubbock County and the Texas Department of Transportation also participated in the negotiations of this contract. I •1 City Council Meeting May 9, 1996 Page 291 Staff recommended approval of this contract. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5181 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (31.) Consider one appointment to the Civic Lubbock Inc. Board of Directors. This item was deleted from the agenda. (32.) Consider one appointment to METTS (Marketing, Entertainment, Tourism, Travel, Sports) Board of Directors. This item was deleted from the agenda. (36.) Confirm appointment of Alyson Vordermark as the Friends of the Library Representative to the Lubbock Libraries Board. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Alyson Vordermark as the Friends of the Library Representative to the Lubbock Libraries Board. Motion carried: 7 Yeas; 0 Nays. (37.) Confirm appointment of Chuck Key to the Building Board of Appeals. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Chuck Key to the Building Board of Appeals. Motion carried: 7 Yeas; 0 Nays. (38.) Confirm appointment of Kaythie Darnell and Rita Melton to the Committee for Women. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Kaythie Darnell and Rita Melton to the Committee for Women. Motion carried: 7 Yeas; 0 Nays. (39.) Confirm appointment of Mitchell Hankins and Robert Sanders to full member status from alternate member status, and Carlos Thornton and Lee Manning as alternate members on the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Mitchell Hankins and Robert Sanders to full member status and to appoint Carlos Thornton and Lee Manning as alternates to the Zoning Board of Adjustment. Motion carried: 7 Yeas; 0 Nays. 291 City Council Meeting May 9, 1996 Page 292 (40.) Consider Resolution 45182 canvassing the returns and declaring the results of the City General Election held on May 4, 1996. RESOLUTION #5182 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE GENERAL CITY ELECTION HELD MAY 4, 1996. BE IT REMEMBERED THAT, on the 9th day of May, 1996, the City Council of the City of Lubbock met at 10:00 o'clock a.m. at the regular meeting place of the City Council in the City of Lubbock Municipal Building with the following members present, to -wit: Mayor David R. Langston Mayor Pro Tern Randy Neugebauer Councilmember Victor Hernandez Councilmember T. J. Patterson Councilmember Windy Sitton Councilmember Max L. Ince Councilmember Alex Cooke On Motion of Councilmember Patterson, seconded by Councilmember Sitton, it is unanimously carried that the returns of the General City Election held May 4, 1996, for the election of a Mayor, three City Council Members and a Municipal Court Judge, as provided by law, be opened and canvassed, and the results of the election be declared therefrom; and said returns having been duly canvassed, it is found that the votes for the various candidates are as follows: CANDIDATES FOR MAYOR VOTES RECEIVED David R. Langston ........................... 1,973 CANDIDATES FOR COUNCIL DISTRICT 2 VOTES RECEIVED P.B.Phenix, Sr ............................. 37 T.J. Patterson ............................. 595 Margie Jefferson ............................ 64 Marisela Olivas ............................. 114 CANDIDATES FOR COUNCIL DISTRICT 4 VOTES RECEIVED Max L.Ince................................ 255 CANDIDATES FOR COUNCIL DISTRICT 6 VOTES RECEIVED C. Mitchel Putman ........................... 236 Alex "Ty" Cooke ............................ 366 292 City Council Meeting May 9, 1996 Page 293 CANDIDATES FOR MUNICIPAL JUDGE VOTES RECEIVED Jan L. Blacklock ............................. 1,896 TOTAL VOTES CAST IN ELECTION 2,372 And it further appearing that said election was duly held as provided by law and that the following persons received a majority of the votes of the sum total of votes cast for each specified position: POSITION PERSON RECEIVING MAJORITY VOTE MAYOR David R. Langston COUNCIL DISTRICT 2 T. J. Patterson COUNCIL DISTRICT 4 Max L. Ince COUNCIL DISTRICT 6 Alex "Ty" Cooke MUNICIPAL JUDGEJan L. Blacklock IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the persons named above as receiving the majority vote for each position are duly elected to the office indicated. PASSED, APPROVED AND ADOPTED ON MOTION OF COUNCILMEMBER PATTERSON, SECONDED BY COUNCILMEMBER SITTON, THIS 9TH DAY OF MAY 1996. COUNCIL MEMBERS VOTING AYE: 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 COUNCIL MEMBERS VOTING NAY: li [SL 293 City Council Meeting May 9, 1996 Page 294 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney City Secretary Betty Johnson, presented staff comments. The governing body is required to canvass election results not earlier than the second day nor later than the sixth day after election day. The resolution will canvass the returns and declare the results of the General Election for Mayor, Council Member District 2, Council Member District 4, Council Member District 6, and Municipal Court Judge. The City Secretary recommended that the City Council accept the returns and act favorably on the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #5182 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) ZONE CASE NO. 1826-D. (southwest corner of 49th Street and Indiana Avenue) --Hold a public hearing to consider request of Rod Warren (for Sonic Drive -In) for a zoning change from C-3 to C-4 Specific Use (drive-in and all unconditionally permitted C-3 uses) on Lot 1-C, Fry Addition, and to consider ordinance. ORDINANCE #9901 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1826-D; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING FOR A DRIVE-IN ON LOT 1-C, FRY ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:30 a.m. David Fleming and Rod Warren appeared on behalf of Sonic Drive -In to present this request for zone change from C-3 to C-4 Specific Use. Ed Montgomery appeared in opposition. Mayor Langston closed the hearing at 10:41 a.m. City Council Meeting May 9, 1996 Page 295 Randy Henson, Senior Planner, presented staff comments. Mr. Henson indicated that at the April 18 public hearing on this item, the City Council requested that the proponent visit with an adjacent land owner and report the results at the May 9 meeting. Councilmember Sitton was contacted by letter from the neighborhood association president withdrawing any opposition to the zone case. City staff supported the request of the Planning and Zoning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on first reading Ordinance #9901 with condition as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. The Council recessed at 10:55 a.m. and reconvened at 11:10 a.m. Swearing in NewlyAppointed Councilmembers The Council recessed to the reception honoring the newly appointed City Councilmembers at 11:50 a.m. then reconvened into executive session at 12:45 p.m. (33.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Community Development, Information & Communications Services and Water Utilities). (34.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). (35.) 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: Board of Electrical Examiners Citizens Traffic Commission Human Relations Commission Permit and License Appeal Board Urban Design and Historic Preservation Commission Councilmember Patterson reconvened the regular meeting at 1:30 p.m. 295 City Council Meeting May 9, 1996 Page 296 There being no further business to come before Council, motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to adjourn the meeting at 1:31 p.m. Motion carried: 4 Yeas; 0 Nays --Mayor Langston, Mayor Pro Tern Neugebauer, and Councilmember Ince wer;,absetA om the City Council Chambers. ATTEST: Betty M. Johnson, City Secretary Read and approved this the 23rd day of ATTEST: Betty �Jo�so Secretary AVID R. LANGTSTON. MAYOR 296