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Home My WebLink AboutMinutes - City Council - Regular - 5/23/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 23, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 23rd 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 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. Absent: Councihnember Victor Hernandez. Mayor Langston called the meeting to order at 10:10 A.M. ( 1.) The Invocation was given by Jim Robinson, representing New Life Family Center. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Reverend David Wallace appeared on behalf of Summitt Baptist Church to request a loudspeaker permit for May 26, 1996, in conjunction with an outdoor gospel concert. Reverend Wallace requested a loudspeaker permit in conjunction with an outdoor gospel concert to take place at 2805 98th Street. The request was for Sunday, May 26, from 1:30 p.m. to 7:00 p.m. Reverend Wallace attempted to petition all residents in the area and received no opposition. Staff recommended approval of the loudspeaker permit application. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the loudspeaker permit as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (4.) Randy Turner appeared on behalf of Trinity Church to request a loudspeaker permit for July 3, 10, 12, 17, 24, and 31, 1996, in conjunction with Vacation Bible School. Mr. Turner requested a loudspeaker permit in conjunction with an outdoor children's church services and Vacation Bible School at 6906 Elkridge. The request is for Wednesday, July 3, 10, 12, 17, 24, and 31, from 6:00 p.m. to 9:00 p.m. Mr. Turner attempted to petition all residents in the area and received no opposition. Staff recommended approval of the loudspeaker permit application. City Council Minutes May 23, 1996 Page 298 Motion was made by Councilmember Sitton, seconded by Councilmember Ince to approve the loudspeaker permit as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (4A.) A representative of the North Overton Neighborhood Association will appear to request a loudspeaker permit for June 22, 1996, in conjunction with a fun fair. This item was deleted from the agenda. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the May 3, 1996, Special City Council Meeting, and the May 9, 1996, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. ( 6.) Ordinance #9900--Abandoning and closing a five-foot underground utility easement located in Lot 828, Lakeridge Country Club Estates Addition (9307 Raleigh Avenue). 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. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9900 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (7.) ORDINANCE #9901--Zone Case No. 1826-D (southwest corner of 49th Street and Indiana Avenue) --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. 1 a 1 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. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9901 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. NE City Council Minutes May 23, 1996 Page 299 (8.) Consider Resolution #5183 authorizing the Mayor to execute a street -use license with West Texas Foods, Inc. (5201 51st Street). RESOLUTION #5183 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 Street Use License with West Texas Foods, Inc., 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 23rd day of May 1996. /s/ David R Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bevy M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bury Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Street Use License with West Texas Foods, Inc., is filed with Resolution No. 5183. According to staff memo, this street -use license permits the property owner, West Texas Foods, Inc., to utilize a 9.5' x 113' portion of 51st Street, west of Slide Road, for a drive -up window lane. At this location is a Kentucky Fried Chicken restaurant which, after remodeling, will have a drive -up window on the south side of the building facing 51st Street. The south side of the restaurant is presently built on the property line and the north parkway area of 51st Street will be used as the drive -up lane. The City staff had West Texas Foods, Inc., appear before the Building Board of Appeals to have their construction approved before this license was sent to the City Council. Cost of this license for five years will be $2,683.75. All City departments and utilities are in agreement with this use. Staff recommended approval of this resolution. 299 City Council Minutes May 23, 1996 Page 300 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5183 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 9•) Consider Ordinance #9902 abandoning and closing a portion of East 24th Street in Block 22, Wheelock's Second Addition (2318 Date). i 1 " AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF EAST 24TH STREET LOCATED IN BLOCK 22, WHEELOCK'S SECOND 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, in 1909 Wheelock's Second Addition (east of Avenue A, south of 19th Street) was platted into residential lots with streets and alleys dedicated. One of these streets was East 24th Street, which was originally dedicated as a 100-foot wide street. Through replat and Community Development actions, all but one small piece of East 24th Street, which is 2318 Date Avenue, has been closed. This piece of street right-of-way is 50' x 140' east to west. The property owner on the north side of the street, Harold Chatman, desires to purchase this street area to be closed. This street area being closed has been valued by the Right -of -Way Department at $150 from the appraisal of adjacent properties. Staff recommended first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9902 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (10.) Consider Resolution #5184 authorizing the Mayor to execute a 10-inch water pipeline crossing license with the Atchison, Topeka, and Santa Fe Railway Company (4820 Southeast Drive). RESOLUTION #5184 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 10-inch water pipeline across railway property by and between the City of Lubbock and the Atchison, Topeka & Santa Fe Railway Company for one pipeline facility to the constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at mile post 677 + 4292, 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. 300 City Council Minutes May 23, 1996 Page 301 Passed by the City Council this 23rd day of May 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: Ls/ BeM M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: Ls/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Pipe Line License is filed with Resolution No. 5184. According to staff memo, this resolution authorizes the Mayor to execute a standard underground pipeline crossing license with Atchison, Topeka, and Santa Fe (AT&SF). The Water Utilities Department is in the process of constructing a line to serve the new Plains Co-op Oil Mill property at East 50th Street and Guava Avenue; this pipeline crossing license will allow the City to cross AT&SF's tracks north of East 50th Street east of Southeast Drive. AT&SF charges $750 for this license. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5184 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) Consider a zone case condition for Shadow Hills, Lots 1 through 41 and Tracts C-1 and C-2 for special handling of refuse collection. According to staff memo, the developer is requesting a change in the location of refuse collection to accommodate the development of golf course lots. Typically, refuse containers are placed in the alley adjacent to the lots. In this case, lots adjacent to the golf course would have no alley. An alternate location which is acceptable to the developer and the Solid Waste Management Department has been identified. These alternate locations are in alleys across 2nd Street. Sufficient room exists for the number of dumpsters required to maintain the 4 to 1 ratio of dumpsters to homes. Staff recommended approval for this zone change. 301 City Council Minutes May 23, 1996 Page 302 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve zone case condition as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) Consider Resolution #5185 authorizing the Mayor to execute an engineering agreement with Parkhill, Smith & Cooper in conjunction with improvements for signage and graphics at the Lubbock International Airport. RESOLUTION #5185 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 & Cooper, Inc. for engineering services in conjunction with improvements for signage and graphics at the 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. Passed by the City Council this 23rd 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/ Mark N. Earle by H. David Jones 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 Parkhill, Smith & Cooper, Inc., is filed with Resolution No. 5185. According to staff memo, an engineering agreement has been negotiated with Parkhill, Smith & Cooper to make improvements in the signage and graphics at the airport. The existing signage, both inside the terminal and outside on the airport property, is out of date and damaged. This project will be funded 90 percent by an FAA grant under the Airport Improvement Program. The FAA has already announced a tentative allocation of $1.19 million for this portion of the funding and has directed that it be under grant by August 1996 so that it can be processed in the current fiscal year. The remaining 10 percent local share will be funded through the FAA's Passenger Facility Charge Program. 302 City Council Minutes May 23, 1996 Page 303 The construction costs for this project are estimated to be $1,197,219. The proposed architectural/engineering fee for basic services is $96,000, or 8 percent of the construction cost of the project. In addition to the basic design fee, staff has negotiated a fee for additional services, including an expanded submittal review process involving the airport and its tenants, required additional coordination with the FAA, and the integration of signage and graphics plans with future reconfiguration plans for terminal drive and the parking lot. The proposed fee for these additional services is $18,600. The total fee, including basic and additional services, is $114,600. Design services include the development of a comprehensive design plan that integrates graphics and signage throughout the airport districts and the terminal building and the design of those features to implement the plan. Signage is to include street and traffic directional signage and district identification signs. Graphics will include exterior and interior graphics and directional signs outside and within the terminal building and parking areas. A video flight monitor, a system that the public has requested throughout the years, will also be included in the project. The Purchasing Department issued a Request for Proposals (RFP) to 68 firms and received seven proposals. In accordance with City procedures, a selection committee was appointed to review and evaluate the proposals. As a result of the overall rankings, interviews and reference checks, the committee voted unanimously to recommend Parkhill, Smith & Cooper and Gensler and Associates to perform the requested services. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5185 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) Consider Resolution #5186 authorizing the Mayor to execute a contract with Prudential Securities, Inc., to administer a deferred compensation savings plan for City of Lubbock employees. RESOLUTION #5186 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 Administrative Services Agreement on behalf of the City with Prudential Mutual Fund Services, Inc., 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. 303 City Council Minutes May 23, 1996 Page 304 Passed by the City Council this 23rd day of May 1996. Ls/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resourses APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Administrative Services Agreement by and between the City of Lubbock and Prudential Mutual Fund Services, Inc., is filed with Resolution No. 5186. According to staff memo, for many years the City of Lubbock has offered a deferred compensation plan through Aetna Life and Annuity Company. In order to provide a better benefit to employees, a Request for Proposals (RFP) was distributed to solicit responses for an additional plan. The primary purpose of the RFP was to provide diversified investment options. The responses to the RFP were evaluated by the Benefits Committee. After an initial evaluation, it was determined to hear presentations from three carriers: PEBSCO; Prudential Securities Inc.; and ITT Hartford. After presentations were made by these vendors to the Benefits Committee, Prudential Securities Inc., was selected to provide the additional services. This decision was based on the performance of the funds offered and the non -annuity set-up which reduces the number of fees thereby allowing greater potential capital growth. Staff recommended that the City Council authorize the contract to allow Prudential Securities, Inc., to provide an additional deferred compensation plan to enhance retirement planning. No public funds are involved in the deferred compensation program; it only allows employees to have payroll deductions made prior to tax calculations. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5186 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. W- City Council Minutes May 23, 1996 Page 305 (14.) Consider Resolution #5187 authorizing the Mayor to execute a contract with Quality Management Services to provide an organizational assessment instrument, assessment analysis and reports, and presentation of findings. 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 Professional Services Contract, attached herewith, by and between the City of Lubbock and Quality Management Services in association with Hartung & Associates and Strategic Quantitative Solutions, Inc., and any associated documents, 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 23rd day of May 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Belly M. Jol son Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Donald G Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Professional Services Contract by and between the City of Lubbock and Quality Management Services is filed with Resolution No. 5187. According to staff memo, in December 1993 the City of Lubbock conducted an organizational assessment as part of an overall plan of organizational improvement. The assessment was a tool to allow every employee in the organization to give confidential responses to statements about customer service, supervision, communication, work environment, compensation/benefits and planning/goal-setting. 305 City Council Minutes May 23, 1996 Page 306 The 1993 organizational assessment set a baseline benchmark for measuring levels of employee perception and satisfaction. The reports analyzed the data on an organizational -wide as well as a direct reporting level. The assessment reports were used on organizational, divisional and departmental levels to recognize strength areas and to develop plans targeting strategies to improve deficient areas. The departmental development plans were precursors to the strategic planning later implemented in the organization, which relies heavily on employee involvement. In order to measure the changes and effectiveness of the improvement plan implemented by the City of Lubbock, a replication of the organizational assessment is planned. The data generated, when compared to the 1993 data, will provide guidance for future direction. The City of Lubbock has an exclusive interest in the assessment instrument and report analysis programs developed by Quality Management Services. This contract allows for modification of the assessment instrument, printing, data analysis and reports and a presentation to senior management at a sum not to exceed $15,250. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5187 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (15.) Consider Resolution #5188 authorizing the Mayor to execute contracts with the Texas Department of Housing and Community Affairs to assist low-income families with weatherization services. WHEREAS, the City of Lubbock has been offered two (2) Contracts from the Texas Department of Housing and Community Affairs to administer a program to weatherize the homes of low income families in Lubbock County; and WHEREAS, the City Council of the City of Lubbock believes it to be in the best interest of the health, safety, and welfare of the citizens of the County of Lubbock to make it possible for low income families to conserve energy and to reduce their energy costs; and WHEREAS, this is an annually renewable Contract that the City of Lubbock has participated in for the last several years; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 306 City Council Minutes May 23, 1996 Page 307 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 two (2) Contracts and all related documents with the Texas Department of Housing and Community Affairs for the Weatherization Assistance Program in the anticipated amount of $46,730 for the period of April 1, 1996 through March 31, 1997. Said Contracts are attached hereto, and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd 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/ Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the two Contracts by and between the City of Lubbock and the Texas Department of Housing and Community Affairs are filed with Resolution No. 5188. According to staff memo, the City of Lubbock has participated in the State Weatherization program for several years. The program is leveraged with other program funds through targeted neighborhoods. It provides replacement of windows, doors, and installation of attic insulation, weather-stripping and other cost-cutting weatherization repairs. The total weatherization grant is $46,730 and the contract period is from April 1, 1996, to March 31, 1997. The program allows 85 percent funding for direct services and 15 percent for administration. The repairs cannot exceed $1,902 per unit and the program can be used throughout Lubbock County. In the last funding year, 59 housing units were weatherized for low-income families. Of these 59 housing units weatherized, 51 were within the city and 8 were outside the city, but within Lubbock County. It is anticipated that under the new State weatherization contract, 39 housing units will be weatherized. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5188 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 307 City Council Minutes May 23, 1996 Page 308 (16.) Consider Resolution #5189 authorizing the Mayor to approve an application for the 1996 Summer Food Service Program funded by the Texas Department of Human Services and to execute all related documents with the Texas Department of Human Services. RESOLUTION #5189 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 Sumner Food Service Program Application and related documents with the Texas Department of Human Services, 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 23rd day of May 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bette M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture and Leisure Services APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Summer Food Service Program by and between the City of Lubbock and the Texas Department of Human Services is filed with Resolution No. 5189. According to staff memo, the City of Lubbock Parks and Recreation Department is requesting pass -through funds through the Texas Department of Human Services from the United States Department of Agriculture. The City of Lubbock has participated in the Summer Food Program for the past six years with positive results. o City Council Minutes May 23, 1996 Page 309 The program provides a nutritional noon meal for children ages l through 18, each weekday, beginning June 3 and ending on August 9. Any child is able to participate in the Summer Food Program and receive a free meal at Rodgers, Mae Simmons, Woods, and Rawlings community centers in addition to Hollins, Burns, Pioneer, Chatman, Carlisle, and Carter parks. An average of more than 600 meals per day will be served at the ten locations. Both direct and indirect costs for the Summer Food Program are reimbursed through the $85,904 grant. Direct costs include the contract with the food vendor, consumable supplies, and salaries for food service personnel estimated to be $79,656. Indirect costs include program administration, personnel training, and supplies estimated to be $6,248. This program is offered in conjunction with the Summer Satellite Program offered by the Parks and Recreation Department utilizing Community Development funding. The program provides a service for the community by providing a nutritious meal for children who would normally participate in a meal program at their school or for those whose parents are unable to prepare a meal for the child. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5189 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Resolution #5190 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and the Community Housing Resource Board of Lubbock to provide funding from the Department of Housing and Urban Development for the Down Payment/Closing Cost Assistance Program. RESOLUTION #5190 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the Community Housing Resource Board of Lubbock to provide funding from the Department of Housing and Urban Development for the Down Payment/Closing Cost Assistance Program. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 309 City Council Minutes May 23, 1996 Page 310 Passed by the City Council this 23rd 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/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the Community Housing Resource Board of Lubbock is filed with Resolution No. 5190. According to staff memo, funding for this agreement was approved by City Council in the Community Development funding process in June 1995. While most agreements related to this process were executed in October 1995, this agreement was delayed because direct home ownership activities lapsed as an eligible Community Development Block Grant (CDBG) activity on October 1, 1995. This provision of the Housing and Community Development Act of 1974, the CDBG enacting legislation, was not restored until March 28, 1996, when President Clinton signed an extender bill. The extender bill makes this an eligible activity through September 30, 1996. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5190 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. [tits] City Council Minutes May 23, 1996 Page 311 (18.) Consider Resolution #5191 authorizing the Mayor to execute an amendment to the agreement for engineering services with Black & Veatch for preliminary phase services pertaining to Digesters 8 and 9 and related equipment at the Southeast Water Reclamation Plant. RESOLUTION #5191 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 Second Amendment to Agreement for Engineering Services with Black & Veatch for certain improvements to the Southeast Water Reclamation Plant and related facilities, 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 23rd 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/ Terry Ellerbrook Terry Ellerbrook Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment to the Agreement is filed with Resolution No. 5191. According to staff memo, when engineering work on the expansion and renovation of the Southeast Water Reclamation Plant began in 1989, Digesters 8 and 9 were relatively new and, therefore, they were not included in the equipment to be scheduled for demolition or major renovation. About two years ago, Digester 8 experienced some problems which culminated in the installation of some anchors to the lid, in an effort to keep this equipment serviceable. However, this digester failed again on February 28, 1996, resulting in the discharge of sludge into the stream adjacent to the plant, and has been out of service since that time. Digester 8 provides approximately 40 percent of the digestive capacity of the wastewater treatment facility, and its 311 City Council Minutes May 23, 1996 Page 312 failure has eliminated all reserve capacity at the plant. Any further losses in digestion capacity would result in the inability to treat solids and would likely result in permit violations. The proposed contract amendment, which will cost a total of $107,900, is divided into three phases. The first and most urgent phase ($42,400) would be to inspect and thoroughly evaluate Digester 8 and related components and prepare a technical memorandum detailing what is needed to renovate this equipment. The second phase ($40,500) would consist of similar engineering work on Digester 9 which, although still in service, is the same age as Digester 8. Finally, the third phase ($25,000) would involve additional analyses of components common to both digesters. The second and third phases would be conducted at the option of the City, and the decision as to whether to proceed with these additional phases would be based on what is discovered in the first phase. Because of the limited digestion capacity at the wastewater plant brought about by the failure of Digester 8, it is extremely important that engineering work on this facility be started as soon as possible. Since Black & Veatch is already under contract and is very familiar with the plant, this work could begin immediately. This second amendment to the contract represents 1.9 percent of the original engineering contract plus prior contract amendment with Black & Veatch. Black & Veatch has developed a worst -case scenario project cost estimate of $5.48 million which includes the replacement of the covers on both digesters, extensive repair and/or replacement of components and related equipment. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5191 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution #5192 authorizing the Mayor to execute an investment pool participation agreement with Local Government Investment Cooperative (LOGIC). RESOLUTION #5192 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INTER -LOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERATIVE (THE "COOPERATIVE"), DESIGNATING THE BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE, APPROVING INVESTMENT POLICIES OF THE COOPERATIVE, APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Interlocal Act"), permits any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds (as such phrases are defined in the Interlocal Act); 312 City Council Minutes May 23, 1996 Page 313 WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; WHEREAS, the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA"), authorizes the entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment pool, and the intends to become and remain an eligible public funds investment pool, under the terms and conditions set forth in PFIA; WHEREAS, the City of Lubbock, Texas, (the "Government Entity") desires to enter into that certain Interlocal Agreement (the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, and to become a participant in a public funds investment pool created thereunder and under PFIA, to be known as Local Government Investment Cooperative (the "Cooperative"); WHEREAS, the Government Entity is a Government Entity as defined in the Agreement; and WHEREAS, the Government Entity desires to cause administration of the Cooperative to be performed by a board of directors (the "Board"), which shall be an administrative agency created under the Interlocal Act; and WHEREAS, the Government Entity desires to designate the Board as its agency and instrumentality with authority to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; WHEREAS, each capitalized term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW THEREFORE: NOW THEREFORE, BE IT RESOLVED: 1. The Agreement is hereby approved and adopted and, upon execution thereof by an Authorized Representative (defined below) and receipt of the Government Entity's application to join the Cooperative by the Administrator, the Government Entity shall become a Participant in the Cooperative for the purpose of investing its available funds therein from time to time in accordance with its terms. 2. The Board is hereby designated as an agency and instrumentality of the Government Entity, and the Board shall have the authority to supervise performance of the Agreement and the Cooperative, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. 313 City Council Minutes May 23, 1996 Page 314 3. The investment policies of the Cooperative, as set forth in the document entitled Investment Policies, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the Government Entity with respect to money invested in the Cooperative, and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in the Cooperative. Notice of any amendment to the investment policy, operating procedures or bylaws which the Board determines materially affects the Government Entity shall be sent to the Government Entity at least 30 days prior to the effective date thereof. The Government Entity may withdraw its funds from the Cooperative on any business day by means of phone, fax or computer communication prior to 10 a.m. 4. The following officers, officials or employees of the Government Entity are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: execute the Agreement, an application to join the Cooperative and any other documents required to become a Participant; deposit money to and withdraw money from the Government Entity's Cooperative account from time to time in accordance with the Agreement and the Information Statement; and take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity: Signature: Is/ Jimmy Rodriguez Printed Name: Jimmy Rodriguez Title: Assistant Treasurer Signature: /s/ Betsy Bucy Printed Name: Betsy Bucy Title: Finance Manager Signature: /s/ Anna Mos4ueda Printed Name: Anna Mosqueda Title: Director of Management Services In accordance with Cooperative procedures, an Authorized Representative shall promptly notify the Cooperative in writing of any changes in who is serving as Authorized Representatives. 5. In addition to the foregoing Authorized Representatives, each Investment Officer of the Cooperative appointed by the Board from time to time is hereby designated as an investment officer of the Government Entity and, as such, shall have responsibility for investing the share of Cooperative assets representing funds of the Government Entity. Each depository and custodian appointed by the Board from time to time are hereby designated as a depository and custodian of the Government Entity for purposes of holding the share of Cooperative assets representing funds of the Government Entity. 314 City Council Minutes May 23, 1996 Page 315 PASSED AND APPROVED this 23rd day of May 1996. CITY OF LUBBOCK: /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /. /s Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Finance Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement by and between the City of Lubbock and Local Government Investment Cooperative (LOGIC). According to staff memo, as a local government the City of Lubbock has the opportunity to pool its monies with other eligible public entities to maximize investment earnings. The City's investment policy, in compliance with the Public Funds Investment Act as amended, lists investment pools authorized by the City's governing body as eligible investments with a maximum pool investment limit of 5 percent of total assets in the pool. City Council has previously approved participation agreements with two other investment pools. This resolution allows the City to invest funds with the LOGIC pool if economically beneficial. The degree of participation would be governed by the City's investment policy of enhancing yield while ensuring principal safety and liquidity. LOGIC was founded May 6, 1994, and in March 1996 had average assets of over $740 million. It is owned by its participants and administered by Southwest Securities Group, Inc., a professional investment group. LOGIC generated an average monthly yield in March 1996 of 5.32 percent as compared to 5.28 percent for TexPool and 5.21 percent for weekly repurchase agreements. The investment of $37 million in March would have generated $164,000 in LOGIC, $162,800 in TexPool, and $160,600 in weekly repos. It is advantageous to the City to be able to have funds available on short notice that are drawing maximum yield. 315 City Council Minutes May 23, 1996 Page 316 LOGIC has a rating of AAAv-1 + which is equivalent to an AAA rating for bonds. There is no minimum balance requirement and the account can be closed at any time. Funds can be deposited and withdrawn within one day, an option which strengthens cash management effectiveness. LOGIC provides a financially beneficial investment vehicle to maximize investment earnings within required safety and liquidity parameters. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5192 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (20.) Bid #13511--Lamps - Annual Pricing (Central Warehouse). Armstrong Electrical Supply Company --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Bid #13512--Overhead Wire and Conductor - Annual Pricing (Central Warehouse). Wesco--Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (22.) Bid #13519--Water Treatment Chemicals - Annual Pricing (Water Treatment). Central Garden & Pet Company--70 Tn Ground Dry Aluminum Sulfate; 170 Tn Powdered Activated Carbon. Russ Chemical Company--700 Tn Liquid Aluminum Sulfate. BBB Fertilizer Company--60 Tn Liquid Anhydrous Ammonia. Kemwater North America Company--70 Tn Ferric Sulfate. Van Water & Rogers, Inc.--40,000 Lb Potassium Permanganate, Bulk Shipments; 20,820 Lb Sodium Hydroxide, 25 Percent Solution. Carus Chemical Company-400 Ea Potassium Permanganate, 25 kg. Drums. DPC Industries, Inc.--440 Ea Liquid Chlorine, 1 Ton Cylinders; 570 Ea Liquid Chlorine, 150 lb. Cylinders. 316 City Council Minutes May 23, 1996 Page 317 Allied Colloids, Inc.--22,680 Lb Polymer, Emulsion Type Liquid Net Use Cost; 5,704 Lb Polymer, Emulsion Type Dry Net Use Cost. Wesken-Hall, Inc.--65,000 GI Sodium Hypochlorite, 10 Percent Solution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (23.) Bid #13531--Picnic Table Units - Annual Pricing (Park Development). U.D. Enterprises --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24.) Bid #13537--Optical Fiber Fusion Splicer (Electric Distribution). Sumitomo Electric --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (25.) Bid #13546--Northwest Branch Library - Wood Furniture and Furnishings, and authorize same (Library). RESOLUTION #51193 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 Beckley Cardy, Inc.of Lufkin, Texas, to furnish and install all materials and services as bid for the furniture and furnishings for the Northwest Branch Library (Esther Burney Groves Branch Library), 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. 317 City Council Minutes May 23, 1996 Page 318 Passed by the City Council this 23rd day of May 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Be , M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 23rd 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 Beckley Cardy, Inc., of the City of Mansfield, County of Richland, and the State of Ohio, 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. 13546--Northwest Branch Library Wood Furniture and Furnishings in the amount of $40,269.00 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. 318 City Council Minutes May 23, 1996 Page 319 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/ BeU M. Johnson Secretary APPROVED AS TO CONTENT IOW : 9 � -1 ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Beckley Cardy, Inc. CONTRACTOR By: /s/ Michael Spurlock TITLE: Sr. Vice President Marketing COMPLETE ADDRESS: Beckley Cardy, Inc. 100 Paragon Parkway Mansfield, Ohio 44905 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5193 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) Bid #13555--5" PVC Conduit & Miscellaneous Electrical Items (Central Warehouse). Temple, Inc.--1,100 Ea 5" PVC Conduit; 132 Ea Conduit ELL - 5 IN - 90 DEG; 100 Ea 5" Rigid Polyvinyl Chloride Conduit Coupling; 100 Ea 4" PVC 90D - 24" Radius Schedule Elbow. Rural Electric Supply Company, Inc.--784 Ea Three Way Conduit Spacer; 432 Ea Two -Way Conduit Spacer. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (27.) Bid #13560--PVC Pipe, Fire Hydrants & Fittings (Water Utilities) . Western Industrial Supply, Inc.--4,560 Ft 12" PVC Water Pipe. Waterworks Sales Company--4 Ea 5 1/4" x 4 1/2" Bury Fire Hydrant; 4 Ea 12" x 6" Tee; 4 Ea 6" Flange x MJ Valves; 2 Ea 12" Gate Valve. 319 City Council Minutes May 23, 1996 Page 320 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (28.) Bid #13567--Summer Lunch Program (Parks & Recreation). Holiday Inn Civic Center --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (29.) ZONE CASE NO. 2771 (north of 68th Street and west of Albany, south of 68th Street and east of Albany) --Hold a public hearing to consider request of City of Lubbock for a zoning change from A-1 to C-2 and R-1 on two tracts out of Section 27, Block E-2, and to consider ordinance. ORDINANCE #9904 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2771; A ZONING CHANGE FROM A-1 TO C-2 AND R-1 ZONING ON TWO TRACTS OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:31 a.m. Randy Henson appeared on behalf of the City of Lubbock to present this request for zone change from A-1 to C-2 and R-1. No one appeared in opposition. Mayor Langston closed the hearing at 10:34 a.m. Randy Henson, Senior Planner, presented staff comments. With the realignment of 66th to 69th, two parcels of property are left and are proposed for sale by the City to the adjacent owners. One parcel is proposed as R-1 (from A-1) and one is proposed as C-2 (from A-1). Mr. Henson gave the adjacent land use relationships as follows: North - apartments South - single family East - commercial and residential West - residential and personal care facility The requests are consistent with both the Comprehensive Land Use Plan and zoning policies. The proposals will have no effect on traffic. The Planning and Zoning Commission recommended approval of the request. Staff supported the recommendation of the Planning and Zoning Commission. 320 City Council Minutes May 23, 1996 Page 321 Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance #9904 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused and excused himself from any discussion and voting on this item. (30.) ZONE CASE NO. 2173-B (south of North Loop 289 and west of Slide Road) --Hold a public hearing to consider request of Paul Fields (for Another Attic) for a zoning change from C-2 and C-3 to C-4 Specific Use (mini -warehouses) on a tract out of Tract C-1-13 and Tract M, and to consider ordinance. ►:► ;f'1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2173-13; A ZONING CHANGE FROM C-2 TO C-3 TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON A TRACT OUT OF TRACT C-1-13 AND TRACT M, WHISPERWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:35 a.m. Muff London appeared on behalf of Another Attic to present this request for zone change from C-2 and C-3 to C-4 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:44 a.m. Randy Henson, Senior Planner, presented staff comments. The area proposed for the mini -warehouse project is behind and north of the previous Walmart and will be buffered from Slide Road by existing C-2 commercial zoning, a portion of which is the tract for a future fire station. Mr. Henson gave the adjacent land use relationships as follows: North - Loop 289 South - commercial East - commercial West - commercial The proposed use is consistent with the Comprehensive Land Use Plan in that C-4 zoning is targeted to state or regional thoroughfares, specifically Loop 289 in this case. All Specific Use Permits require a zone change process to verify compatibility with adjacent land uses. The site plan indicates a compound using masonry walls as a perimeter with the exception of the Loop frontage. A row of 24-hour access units face Loop 289. The landscaped areas are concentrated on the west tip and two five foot deep islands along Loop 289. The Planning and Zoning Commission directed during the hearing that the proponent negotiate with the staff and add more length to the proposed landscape area along Loop 289 prior to the Council hearing. The project should create little effect on traffic in the vicinity. 321 City Council Minutes May 23, 1996 Page 322 Several neighbors from east of Slide Road (Whisperwood area) objected to the project as being visible from the residential area. Whisperwood has a brick screening wall along Slide Road. The presence of Slide Road and a remaining C-2 buffer west of Slide Road is the basis of the Planning and Zoning Commission recommendation. The land area proposed for the project is not a prime retail location. The Planning and Zoning Commission recommended the project to the City Council for approval. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9905 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (31.) ZONE CASE NO. 515-D (north of 50th Street and west of Knoxville) --Hold a public hearing to consider request of Cimarron Land Services (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 Lot 204, Murryhill Addition, and to consider ordinance. ORDINANCE #9906 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 515-D; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A PORTION OF LOT 204, MURRYHILL ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:50 a.m. Dave Buskirk appeared on behalf of Lubbock SMSA/Southwestern Bell Mobile Systems to present this request for zone change from C-3 to C-3 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:57 a.m. Randy Henson, Senior Planner, presented staff comments. To continue improvement of cellular service, Southwestern Bell Mobile is requesting a tower within the interior area of the commercial cluster between Knoxville and Memphis avenues. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial As Specific Use, the project is consistent with the Comprehensive Land Use Plan and zoning policies. The project will have no effect on the traffic system. There were no comments from the adjacent property owners. 322 City Council Minutes May 23, 1996 Page 323 Mr. Henson indicated that a task force is working on recommendations regarding sharing of towers to eliminate total number of structures. The Planning and Zoning Commission recommended the project to the City Council for approval. Staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to pass on first reading Ordinance #9906 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (32.) ZONE CASE NO. 2772 (south of 98th Street and west of Vicksburg) --Hold a public hearing to consider request of Mary Nell and Art Griffin for a zoning change from R-1 to A-2 limited to a personal care facility on a tract out of Section 16, Block E-2, and to consider ordinance. ORDINANCE #9907 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2772; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A TRACT OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:01 a.m. Bernie Gradel appeared on behalf of Mary Nell and Art Griffin to present this request for zone change from R-1 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 11:04 a.m. Randy Henson, Senior Planner, presented staff comments. The proposal is for a personal care facility with room for growth to meet various future options for senior living, from detached units to congregate housing units. Mr. Henson gave the adjacent land use relationships as follows: North - 98th Street and residential South - vacant residential East - vacant residential West - C-3, vacant The request meets the objectives of the Comprehensive Land Use Plan. The project provides a buffer between the C-3 commercial zoning to the west and the future residential to the east. Several owners of property north of 98th expressed written concern. The developer of Lakeridge down zoned to residential the original ten -acre allotment of commercial and adjacent higher density residential. That decision made the new, large single family lots across 98th Street from a policy commercial/buffer area. The style and design of this facility should not be a detriment for the adjacent residential both north and south of 98th Street. 323 City Council Minutes May 23, 1996 Page 324 The project meets basic zoning policies. Since personal care facilities do not need the conventional number of parking spaces, a condition proposed by the staff addresses required parking on the parcel. Also, the fifty -foot proposed setback on the south and east will provide a good separation from the future residential development. The project will have little effect on the thoroughfare system. The Planning and Zoning Commission recommended the request subject to the following conditions: All development on the tract shall be limited to a personal care/retirement facility. Adequate parking spaces shall be provided. Should a shortage be verified by the Planning Department, the owner shall be notified by certified mail to add a sufficient number of spaces. Tied to site plan 2772 for the setback on the south and east and for the screening fences, as presented to the Planning and Zoning Commission and signed by the Chairman on May 2, 1996. Staff supports the request of Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9907 with conditions as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (33.) ZONE CASE NO. 2268-A (1921 18th Street) --Hold a public hearing to consider request of Donald Crawford (for Keyford, Inc.) from A-2 to AM on Lots 7-12, Robinson Subdivision and Lots 5-8, Oscar Lykes Subdivision, and to consider ordinance. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2268-A; A ZONING CHANGE FROM A-2 TO AM ZONING ON LOTS 7-12, ROBINSON SUBDIVISION AND LOTS 5-8, OSCAR LYKES SUBDIVISION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:10 a.m. James Keith appeared on behalf of Keyford, Inc., to present this request for zone change from A-2 to AM. No one appeared in opposition. Mayor Langston closed the hearing at 11:15 a.m. Randy Henson, Senior Planner, presented staff comments. The Lubbock Baptist Association is in contract to sell the building. Mr. Crawford wishes to zone the property to accommodate a variety of uses including offices and perhaps child care. AM is a district that will serve those needs and not impose a full commercial venture on the edge of the Overton Addition. Mr. Henson gave the adjacent land use relationships as follows: 324 City Council Minutes May 23, 1996 Page 325 North - single family South - commercial zone, Lubbock High School parking East - vacant apartment zoning West - Lubbock High School The request is consistent with the Comprehensive Land Use Plan and Zoning policies. The project should have little effect on traffic in the area. The parcel has on -site parking. Lubbock High School creates most of the parking and traffic congestion in the area. An officer of Overton South Neighborhood Association spoke during the meeting, not so much in support nor objection of the request, but to relate the support several neighbors had expressed to her for keeping the building in use. Another person, stating she owns both residential and commercial property in the immediate area, objected for fear of increased traffic and trash caused by offices. The Planning and Zoning Commission recommended approval of the request. Staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on first reading Ordinance #9908 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (34.) ZONE CASE NO. 2134-C (2511 and 2517 19th Street) --Hold a public hearing to consider request of Hugo Reed and Associates (for Lubbock Commercial Building) for a zoning change from R-1, A-2, C-2 and C-3 Specific Use to AM Specific Use (hotel) on the west 1/2 of Lot 4 and all of Lots 5-12, Block 5, Ellwood Place Addition, and to consider ordinance. ORDINANCE #9909 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2134-C; A ZONING CHANGE FROM R-1, C-2 AND C-3 SPECIFIC USE TO AM SPECIFIC USE ZONING FOR A HOTEL ON THE WEST 1/2 OF LOT 4 AND ALL OF LOTS 5-12, BLOCK 5, ELLWOOD PLACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:18 a.m. Bernie Gradel appeared on behalf of Lubbock Commercial Building to present this request for zone change from R-1, A-2, C-2 and C-3 Specific Use to AM Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:26 a.m. 325 City Council Minutes May 23, 1996 Page 326 Randy Henson, Senior Planner, presented staff comments. The Specific Use section of the Zoning Code allows for motels approved with a site plan in the AM District. Mr. Henson gave the adjacent land use relationships as follows: North - 19th Street (Texas Tech) South - single family East - University Avenue West - commercial The property is noted as commercial on the Comprehensive Land Use Plan. The proponent was referred to the adjacent neighborhood association and neighbors to discuss compatibility of the project with the immediate area. Members of the UNIT Neighborhood Association were present at the meeting and expressed support of the final design. One owner of property south of the alley complained of not having been included in the discussion. By installing a new screening fence along the alley and developing a separate drive from University, the proponent has provided at least some insulation of the land from the residential area on 20th Street. The Planning and Zoning Commission forwards the request for approval by the City Council subject to the following conditions: An eight -foot masonry screening fence shall be constructed the full length of the property along the alley (starting 25 feet west of University) with no passage way for vehicles. Any openings above the first floor on the south walls shall have opaque glass. Staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on first reading Ordinance #9909 with conditions as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (35.) ZONE CASE NO. 2773 (northwest corner of 11th Place and North Loop 289 and west of Frankford)--Hold a public hearing to consider request of Kimley-Horn and Associates (for JPn for a zoning change from R-1 to A-2 and C-3 on a tract out of Section 9, Block JS, and to consider ordinance. _NEINNIS13111 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2773; A ZONING CHANGE FROM R-1 TO A-2 AND C-3 ZONING ON A TRACT OUT OF SECTION 9, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 326 City Council Minutes May 23, 1996 Page 327 Mayor Langston opened the public hearing at 11:29 a.m. Bernie Gradel appeared on behalf of JPI to present this request for zone change from R-1 to A-2 and C-3. No one appeared in opposition. Mayor Langston closed the hearing at 11:30 a.m. Randy Henson, Senior Planner, presented staff comments. The zone case is filed as A-2 to allow three-story apartment construction. Otherwise, the proposed development will meet or have less than the maximum A-1 floor area ratio (F.A.R.), which is 50 percent. A contrast of the F.A.R. in A-2 versus A-1 is that A-2 allows a 75 percent F.A.R. and A-1 allows 50 percent. For example, on a 100,000 square foot lot A-1 allows 50,000 square feet of apartments; A-2 allows 75,000 square feet of apartments. The request is filed as A-2 only for the three -story -construction. The three story style allows a greater amount of open space in the project as noted by the site plan. Mr. Henson gave the adjacent land use relationships as follows: North - a tract owned by a church, half zoned A-2 and half zoned R-1 South - a recent ready -built sales lot and a garden home tract East - Loop 289 West - a church tract and an undeveloped residential area This corner of Revier Farm has been a concern for proposed development for some time. Partially land -locked by the two adjacent church tracts, use as residential has become increasingly remote. The proposed zoning for both the apartment and commercial tract requires an amendment of the Comprehensive Land Use Plan. The current Plan indicates the area as residential. Should the City Council find that the Planning and Zoning Commission recommendation is suitable, a motion for approval should contain a Plan change comment. Several zoning items on the site plan items were reviewed, as follows: Setback - the staff recommended that the project maintain the perimeter setback of structures indicated on the site plan. Access - The site plan notes a single curb return on 11th Place and an entry on Frankford Avenue limiting the parcel to the two curb cuts will help control traffic in and out of the project. Screening to the north and west adjacent to the residential zoned areas is required by the Zoning Code. The project will create additional traffic in the area. Frankford Avenue is a designated thoroughfare that has yet to be upgraded to five or seven lanes. Discussion is ongoing about that upgrade but both timing and funding have yet to be determined. Both Frankford and Loop 289 are the jurisdiction of the Texas Department of Transportation. 327 City Council Minutes May 23, 1996 Page 328 The Planning and Zoning Commission recommended the proposal to the City Council with three conditions and a change to the Comprehensive Land Use Plan, as follows: Tied to site plan 2773 for the perimeter setback for structures, access and screening fences on the A-2 portion, as presented to the Planning and Zoning Commission and signed by the Chairman on May 2, 1996. The A-2 zoning shall allow three-story construction. All other aspects shall comply with A-1 development standards. Staff supports the recommendation of Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance #9910 with conditions as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (36.) ZONE CASE NO. 2774 (926 Slide Road) --Hold a public hearing to consider request of Bill Cox (for John Wilkerson) for a zoning change from R-1 Specific Use to C-4 limited to a public garage on Lot 512, Alford Terrace Addition, and to consider ordinance. UK IX AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2774; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4 ZONING ON LOT 512, ALFORD TERRACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:37 a.m. Bill Cox appeared on behalf of John Wilkerson to present this request for zone change from R-1 Specific Use to C-4. Ladonna Croslin appeared in opposition. Mayor Langston closed the hearing at 11:52 a.m. Randy Henson, Senior Planner, presented staff comments. The service station proposed for reuse has been abandoned and empty for years. The staff recommended that the proponent file for the C-4 designation with the one desired permitted use (public repair garage) and all C-3 permitted uses. The ultimate test for the project was presumed to be the response from adjacent residential owners across Slide Road. The former operator of the service station had repair services for years and the area seemed 328 City Council Minutes May 23, 1996 Page 329 accustomed to the activity. The current zoning will allow a service station or quick tune shop. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - commercial West - commercial East - residential and a church Subject to neighborhood response and the restricted permitted uses as submitted, the request is consistent with the Comprehensive Land Use Plan and zoning policy. The resident at 13th Street and Slide Road testified that the closed station is an eyesore, but a quiet eyesore. He is opposed to the garage business activity in the building, and was the only neighbor person to speak during the hearing. The project should have little effect on traffic on Slide. The Planning and Zoning Commission forwarded the request for approval with four conditions that would address most or all of the neighborhood concerns: Limited to a public repair garage with no body work allowed and all unconditionally permitted C-3 uses. Customer vehicles kept overnight shall be stored inside or behind the main structure. No disabled vehicles shall be stored on the lot. No parts, scrap storage or repair activities shall be allowed outside the building. Staff supports the request as approved by the Planning and Zoning Commission. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9911 with conditions as recommended by P&Z and City staff and with a fifth condition that no auto repair or auto -related activities may take place on the premises between the hours of 10:00 p.m. and 7:00 a.m. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (37.) ZONE CASE NO. 1893-S (west of Frankford Avenue and north of 4th Street) --Hold a public hearing to consider request of Ken Flagg (for McDougal Construction) for a zoning change from C-3 to A-1 on Tracts F-2, F-7 and F-8, Shadow Hills Addition, and to consider ordinance. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-S; A ZONING CHANGE FROM C-3 TO A-1 ZONING ON TRACTS F-2, F-7 AND F-8, SHADOW HILLS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 329 City Council Minutes May 23, 1996 Page 330 Mayor Langston opened the public hearing at 11:57 a.m. Ken Flagg appeared on behalf of McDougal Construction to present this request for zone change from C-3 to A-1. No one appeared in opposition. Mayor Langston closed the hearing at 12:06 p.m. Randy Henson, Senior Planner, presented staff comments. The proposed project will extend the Ashton Point Apartment complex around the bank tract on the corner to 4th Street. The existing zoning is C-3. Mr. Henson gave the adjacent land use relationships as follows: North - golf course entrance and single family (zoned A-1) South - commercial East - commercial West - commercial The request is consistent with the Comprehensive Land Use Plan and zoning policy. The project will have access to 4th Street and 3rd Street back to Frankford Avenue. The Planning and Zoning Commission forwarded the request for approval by the City Council. Staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance #9912 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (38.) ZONE CASE NO. 2538-A (south of 19th and east of Inler)-- Hold a public hearing to consider request of Jimmy Foy for a zoning change from R-1 to R-1 Specific Use (golf driving range), C-4 Specific Use (miniature golf course, batting cage, pro -shop and administrative offices) and C-4 with conditions on a tract out of Section 41, Block AK, and to consider ordinance. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2538-A; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR A GOLF DRIVING RANGE, TO C-4 SPECIFIC USE ZONING FOR A MINIATURE GOLF COURSE, BATTING CAGE, PRO -SHOP AND ADMINISTRATIVE OFFICES, AND TO C-4 ON A TRACT OUT OF SECTION 41, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:09 a.m. Jimmy Foy appeared to present this request for zone change from R-1 to R-1 Specific Use, C-4 Specific Use and C-4. No one appeared in opposition. Mayor Langston closed the hearing at 12:14 a.m. 330 City Council Minutes May 23, 1996 Page 331 Randy Henson, Senior Planner, presented staff comments. The proposal has three parts, as follows: A miniature golf course and batting cages along 19th Street A driving range on the interior of the parcel A row of C-4 with a restricted number of C-4 permitted uses on Inler Avenue Mr. Henson gave the adjacent land use relationships as follows: North - a convenience store and vacant R-1 South - vacant, R-1 East - vacant, R-1 West - residential along F.M. 179 The request is consistent with the Comprehensive Land Use Plan. While somewhat larger than the anticipated ten acre block of commercial for each corner, the project is located at the corner of the adjacent thoroughfares, and the driving range buffers the true commercial portions. A turf farm operated by Mr. Foy occupies the rest of this quarter section. With the conditions proposed, the request is compatible with zoning policies. The project will have little effect on the adjacent thoroughfare system. The Planning and Zoning Commission forwarded the request for approval with two conditions: That a site plan, including building elevations showing materials, color, texture, a detailed landscape plan and an irrigation plan, shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit. The C-4 zoning shall prohibit the following uses: ambulance service billboards bus station commercial private clubs and teenage clubs dance hall furniture store, used game room, pool, billiard and/or domino parlor nightclub, bar or lounge portable building sales rental stores, heavy equipment and trailers only road machinery sales and service secondhand goods store or pawnshop secondhand or used car sales lot, not including wrecking and repairing, but including minor tuning trailer and truck sales, rental or service Staff supports the recommendation of the Planning and Zoning Commission. 331 City Council Minutes May 23, 1996 Page 332 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to pass on first reading Ordinance #9913 with conditions as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (39.) ZONE CASE NO. 2775 (northeast corner of 98th Street and Quaker Avenue) --Hold a public hearing to consider request of Hugo Reed and Associates (for McLain Oil Company) for a zoning change from C-2 to C-3 Specific Use (convenience store) on a tract out of Section 17, Block E-2, and to consider ordinance. ORDINANCE #9914 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2775; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE ZONING FOR A CONVENIENCE STORE ON A TRACT OUT OF SECTION 17, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:16 a.m. Bernie Gradel appeared on behalf of McLain Oil Company to present this request for zone change from C-2 to C-3 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 12:17 a.m. Randy Henson, Senior Planner, presented staff comments. The proposal is filed as Specific Use to accommodate a convenience store with a 20-foot setback for canopies over gasoline pumps adjacent to 98th Street and Quaker Avenue. Mr. Henson gave the adjacent land use relationships as follows: North - garden home residential South - commercial East - commercial West - a portion of the playa lake The request is consistent with both the Comprehensive Land Use Plan and zoning policy. In lieu of a site plan, the Planning and Zoning Commission created a condition that the canopies may meet a 20-foot front setback and that the balance of the project will be consistent with C-3 standards. The project will have no effect on the thoroughfare system. The Planning and Zoning Commission forwarded the request for approval with the following condition: The canopies may have a minimum 20-foot front setback. Otherwise, construction shall meet the C-3 development standards. Staff supports the recommendation of the Planning and Zoning Commission. 332 City Council Minutes May 23, 1996 Page 333 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to pass on first reading Ordinance #9914 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (40.) Consider Resolution #5194 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Summerfield Addition, Tract C. RESOLUTION #5194 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 C, Summerfield Addition, made arrangements with Williams & Peters Construction Company 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: Boston Avenue from the South end of radius at 86th Street to 650 feet South, known and designated as New Subdivision Sub -Unit Number 22 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: SECTION 1. THAT the 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 this Resolution shall take effect and be in force from and after the date of its passage. 333 City Council Minutes May 23, 1996 Page 334 Passed by the City Council this 23rd day of May 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bette 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 Larry Hertel, City Engineer, presented staff comments. This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. The developer of this subdivision is Lubbock Land Company. These improvements consist of street paving and curb and gutter on Boston Avenue from 86th Street to 650 feet south. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #5194 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from any discussion and voting on this item. (41.) Consider Ordinance #9903 amending Article IX, Chapter 14 of the Lubbock Code of Ordinances relating to sexually oriented businesses. ORDNANCE #9903 AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY; SETTING FORTH DEFINITIONS; SETTING FORTH EXCEPTIONS; PROVIDING FOR PERMITS AND PERMIT APPLICATIONS; PROVIDING FOR INSPECTIONS; EXPIRATION, SUSPENSION AND REVOCATION OF PERMITS; PROVIDING FOR APPEALS; PROVIDING FOR ADDITIONAL REGULATIONS; PROVIDING FOR RECORDS TO BE KEPT; ESTABLISHING AGE REQUIREMENTS; PROVIDING FOR NOTICE; AUTHORIZING CIVIL SUITS TO BE FILED; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATION. 334 City Council Minutes May 23, 1996 Page 335 City Manager Bob Cass, Pat Nesbitt, and Bill Bates presented staff comments. The proposed ordinance revisions relating to the regulation of sexually oriented businesses are necessary to facilitate regulation and enforcement. Since the inception of the ordinance several issues arising through practical application have come to light, and through these issues it has been determined that clarification needs to be made. These proposed changes will further define the authority of the municipality to effectively and fairly regulate these types of businesses with a more definitive purpose. Staff recommended first reading of this ordinance. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Sitton to pass on first reading Ordinance #9903 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (42.) Consider Resolution #5195 designating Mayor Pro Tempore. WHEREAS, the City Council of the City of Lubbock is required to elect a mayor pro tem from among its membership pursuant to Chapter 1, Article IX, Section 12 of the Charter of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Alex "Ty"Cooke is elected mayor pro tem of the Lubbock City Council until such time as a successor may be elected and qualified. Passed by the City Council this 23rd 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 FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The members of the City Council are required by Chapter 1, Article IX, Section 12, of the City Charter to elect a Mayor Pro Tempore from among the Council members at the first regular meeting following the City general election. The canvass of the returns and declaration of the results was accomplished and the newly elected officials were seated on May 9, 1996. Mayor Langston opened the floor to nominations. 335 City Council Minutes May 23, 1996 Page 336 Councilmember Patterson nominated Councilmember Alex "Ty" Cooke, Mayor Langston accepted the nomination, and the nomination was seconded by Councilmember Sitton. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson that nominations cease. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince was absent from the City Council Chambers. Motion to elect Alex "Ty" Cooke as Mayor Pro Tempore carried: 5 Yeas; 0 Nays--Councilmember Ince was absent from the City Council Chambers. Councilmember Patterson thanked outgoing Mayor Pro Tern Randy Neugebauer for his service. (43.) Consider Resolution #5196 amending the 1995-96 Budget to include changes proposed in the 1995-96 Revised Budget. RESOLUTION #5196 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments, or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1995-1996 fiscal year revised budget of the City of Lubbock attached hereto as Exhibit A is hereby adopted and ordered filed with the appropriate authorities. 336 City Council Minutes May 23, 1996 Page 337 Passed by the City Council this 23rd day of May 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bea M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Budget FY96-97 is filed with Resolution No. 5196. Anna Mosqueda, Director of Management Services, presented staff comments. At mid -year, City departments are asked to assess the fiscal year-end position. This provides the City Council with an opportunity for an overview of planned operations and also allows staff the opportunity to evaluate operations in anticipation of potential changes and time to make adjustments necessary prior to the end of the fiscal year. A mid -year assessment also allows them to determine requests or changes they might need to incorporate as they plan their budgets for the next fiscal year. Staff recommended approval of the FY 95-96 Revised Budget. Motion was made by Councilmember Sitton, seconded by Councilmember Cooke to authorize Resolution #5196 as recommended by staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Ince was absent from the City Council Chambers. (44.) Consider Resolution #5197 giving Notice of Intent to enter into an industrial tax abatement agreement with Grinnell Flow Control. RESOLUTION #5197 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Grinnell Flow Control; and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: 337 City Council Minutes May 23, 1996 Page 338 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Grinnel Flow Control, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in City of Lubbock, Lubbock County, Texas, and further described as follows: 2401 N.E. LOOP 289 LOT 1, ALLEN INDUSTRIAL PARK ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; Passed by the City Council this 23rd 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/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Notice of Intent and Exhibit A is filed with Resolution No. 5197. Joel Beesinger, Interim Director of Business Development, presented staff comments. Staff received an application from Grinnell Flow Control for industrial tax abatement in the North Enterprise Zone. In February 1996, Grinnell's parent company, Tyco, acquired Star Sprinkler. Grinnell plans to move the Star Sprinkler line currently located in Milwaukee, Wisconsin, to Lubbock. 338 City Council Minutes May 23, 1996 Page 339 Grinnell plans to invest $1,933,000 to expand their plant and equipment and will create 50 new jobs. The breakdown of the investment is $1,783,000 for equipment and $150,000 in plant improvements. The estimated annual amount of tax abatement will be $11,325. The total amount of tax abatement over the life of the contract would be approximately $56,627. Grinnell's current assessed taxable value for plant and equipment is $811,333 and their 1995 taxes to the City of Lubbock are $4,753. The total tax liability including LISD and Lubbock County is $18,917. Grinnell employs 180 persons and has committed to increase employment by 50. The project will add $1.9 million in new value to the tax base in the North Enterprise Zone and will create 50 new jobs and an added $1 million in payroll. Staff recommended approval of the Notice of Intent to enter into a tax abatement agreement with Grinnell Flow Control for five years at 100 percent. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to authorize Resolution #5197 as recommended by staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Ince was absent from the City Council Chambers. (45.) Consider a resolution adopting a new policy entitled "Boards and Commissions --Term Limitations" to be included in Volume I of the City of Lubbock Policies and Procedures Manual. City Secretary Betty Johnson presented staff comments. Although the City Council has had an informal policy regarding board and commission term limitations since July 1992, a formal policy has not been adopted for inclusion in Volume I of the City of Lubbock Policies and Procedures Manual. The purpose of the provision being considered is to define procedures to ensure consistency in appointment of members for City Council appointed advisory boards and commissions and to ensure consistency with the City Council's goals and policies in making board and commission appointments. Consistent with current reappointment practices of the City Council, the policy being considered would allow members appointed to a full term on board and commissions except the Planning and Zoning Commission to be reappointed to one additional full term upon expiration of the original term. Members appointed to an unexpired term could be reappointed to two additional full terms upon expiration of the original unexpired term. Members elected to serve as Chair during their second full term could serve a third full term. Members who are serving as alternate could be reappointed indefinitely. MIN City Council Minutes May 23, 1996 Page 340 Also consistent with current reappointment practices of the City Council, the policy being considered would allow members appointed to the Planning and Zoning Commission to be reappointed to two additional full terms. Members appointed to an unexpired term could be reappointed to three additional full terms upon expiration of the original unexpired term. Members elected to serve as Chair during their third full term could serve a fourth full term. In addition, the policy being considered would formalize the current practice that members of all City Council appointed advisory boards and commissions may be appointed to no more than one permanent board or commission. However, members of permanent boards and commissions may be appointed to temporary boards, commissions, and task forces. In some instances, board and commission members may serve as ex- officio members of other boards and commissions. Staff recommended approval of this resolution. Ms. Johnson explained that the City Council's Order of Business requires that proposed amendments to the Policies and Procedures be introduced at one meeting and approved at a subsequent meeting; therefore, no City Council action was required. The City Council recessed to executive session at 12:22 p.m. and reconvened at 2:32 p.m. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to increase the salary of the City Secretary to $42,500 annually. Motion carried: 4 Yeas; 0 Nays--Councilmember Hernandez, Councilmember Patterson and Councilmember Ince were absent from the City Council Chambers. (46.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Secretary). (47.) 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). 340 City Council Minutes May 23, 1996 Page 341 There being no further business to come before Council and without objection the meeting was adjourned at 2:34 p.m. ATTEST: BettyCM. Johnso , City Secretary Read and approved this the 24th day of J ATTEST: ` Betty M. Jo on, City Secretary 341