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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 24, 1996 8:30 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 24th day of June 1996, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 8:30 A.M. Present: Mayor David R. Langston, Mayor Pro Tem Alex "Ty" Cooke, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Betty M. Johnson. Absent: Councilmember Victor Hernandez. Mayor Langston called the meeting to order at 8:38 A.M. ( L) The Invocation was given by City Manager Bob Cass. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Gerre Sears of the South Plains Food Bank and members of AmeriCorps appeared to make a presentation to the City Council. Gerre Sears, Land Use and Development Director for the South Plains Food Bank, introduced members of the National Civil Conservation Corporation, a division of AmeriCorps. Those appearing before Council were Aaron McIntire, New Hampshire; Cati Markel, Tennessee; and Tracey Haraway, Pennsylvania. These young men and women came to Lubbock from all across the United States to work with the South Plains Food Bank in building community gardens and helping with other community projects. (3A.) Ken Olson, Emergency Management Coordinator, was recognized as the recipient of the Texas Public Works Association's Public Works Leader of the Year Award. Ken Olson, City of Lubbock Emergency Management Coordinator, recently won the Public Works Leader of the Year Award at the Texas Public Works Association Annual Conference. Larry Hertel, City Engineer and member of TPWA's executive board, read the inscription on the award and presented it to Mr. Olson. The Mayor and City Council commended Mr. Olson for his excellent work with this Association. ( 4.) Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the minutes of the May 23, 1996, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. City Council Meeting June 24, 1996 Page344 (5.) ORDINANCE #9902--Abandoning and closing a portion of East 24th Street in Block 22, Wheelock's Second Addition (2318 Date). ORDINANCE 49902 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9902 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 6.) ORDINANCE #9905--Zone Case No. 2173-B (south of North Loop 289 and west of Slide Road) --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-B and Tract M, Whisperwood Addition. ORDINANCE #9905 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 AND 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9905 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (7.) ORDINANCE 49906--Zone Case No. 515-D (north of 50th Street and west of Knoxville) --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. ORDINANCE 99906 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. 344 City Council Meeting June 24, 1996 Page 345 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9906 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 8.) ORDINANCE #9907--Zone Case No. 2772 (south of 98th Street and west of Vicksburg) --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. 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9907 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 9.) ORDINANCE #9908--Zone Case No. 2268-A (1921 18th Street) --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. ORDINANCE #9908 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9908 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 345 City Council Meeting June 24, 1996 Page 346 (10.) ORDINANCE #9909--Zone Case No. 2134-C (2511 and 2517 19th Street) --Request of Hugo Reed and Associates (for Lubbock Commercial Building) for a zoning change from R- 1, A-2, and 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. 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, A-2, 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9909 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) ORDINANCE #9910--Zone Case No. 2773 (northwest corner of 11th Place and North Loop 289 and west of Frankford)-- Request of Kimley-Horn and Associates (for JPI) for a zoning change from R-1 to A-2 and C-3 on a tract out of Section 9, Block JS. ORDINANCE 99910 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9910 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Sitton to reconsider second and final reading of Ordinance #9910. Motion carried: 6 Yeas; 0 Nays. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Sitton to postpone second and final reading of Ordinance #9910 until the July 11, 1996, City Council meeting. Motion carried: 6 Yeas; 0 Nays. 346 City Council Meeting June 24, 1996 Page 347 (12.) ORDINANCE #9911--Zone Case No. 2774 (926 Slide Road) -- 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. ORDINANCE #9911 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9911 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) ORDINANCE #9912--Zone Case No. 1893-S (west of Frankford Avenue and north of 4th Street) --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. ORDINANCE #9912 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9912 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (14.) ORDINANCE 49913--Zone Case No. 2538-A (south of 19th Street and east of Inler)--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. ORDINANCE #9913 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. 347 City Council Meeting June 24, 1996 Page 348 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9913 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (15.) ORDINANCE #9914--Zone Case No. 2775 (northeast corner of 98th Street and Quaker Avenue) --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. 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9914 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (16.) Consider Resolution #5198 accepting paving improvements constructed by Williams and Peters Construction Company, Inc., on Ivory Avenue from 50th Street to 52nd Street and Juniper Avenue from 52nd Street to 300 feet north. RESOLUTION #5198 A RESOLUTION ACCEPTING STREET IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock has heretofore entered into a Contract with Williams & Peters Construction Company, Inc. for the construction of street improvements on certain streets including the following streets: Ivory Avenue from the South lip line of 50th Street to the South end of radius of 52nd Street. Juniper Avenue from the North lip line of 52nd Street to the cul-de-sac 300 feet North. WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with said Contract, Bid Number 13425; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: City Council Meeting June 24, 1996 Page 349 SECTION 1. THAT the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the Contractor in the amount of $2,799.75. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 24th day of June 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of paving improvements consisting of paving and curb and gutter on Ivory Avenue from 50th Street to 52nd Street and Juniper Avenue from 52nd Street to 300 feet north. The estimated contract was $63,426. The final contract amount is $55,689, which is under the original estimate by $7,737. Upon this acceptance, the final payment of $2,799 will be due the contractor. Staff recommended acceptance of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #5198 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 349 City Council Meeting June 24, 1996 Page 350 (17.) Consider Resolution 95199 authorizing the Mayor to execute a lease option contract with James Parks (Lubbock, Lynn, and Garza). RESOLUTION 95199 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 Lease Option Contract between the City of Lubbock and James D. Parks, 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 24th day of June 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right-of-way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease Option Contract by and between the City of Lubobck and James D. Parks is filed with Resolution No. 5199. According to staff memo, this resolution authorizes the Mayor to execute a lease option contract with James Parks of Canyon, Texas. The contract will allow Mr. Parks the option of taking out a lease on the City of Lubbock's natural gas pipeline which runs from the Holly Avenue Power Station southeastward to Post. This option will be for six months for an option cost of $300. Originally, this pipeline was used for carbon dioxide transmission but is now being used by LP&L to receive natural gas. Mr. Parks desires to lease this line for carbon dioxide transmission and sales. Staff recommended execution of this resolution and lease option contract. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution 45199 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 350 City Council Meeting June 24, 1996 Page 351 (18.) Consider Resolution #5200 authorizing the Mayor to execute a tax abatement agreement with Grinnell Flow Control, a division of Grinnell Corporation. RESOLUTION 95200 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Grinnell Flow Control, a Division of Grinnell Corporation, 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 24th day of June 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 Agreement by and between the City of Lubbock and Grinnell Flow Control is filed with Resolution No. 5200. According to staff memo, Grinnell Flow Control plans to invest $1,933,000 to expand their plant and equipment and create 50 new jobs with a $1 million payroll. Grinnell currently employs 180. 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 T is $811,333; their 1995 taxes to the City of Lubbock are $4,753. The total tax liability including LISD and Lubbock County is $18,917. The project will add $1.9 million in new value to the tax base in the North Enterprise Zone. 351 City Council Meeting June 24, 1996 Page 352 Staff recommended approval of an industrial tax abatement agreement with Grinnell Flow Control for five years at 100 percent. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #5200 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution #5201 authorizing the Mayor to execute a Summer Holiday Selected Traffic Enforcement Project Grant Agreement between the City of Lubbock and the Texas Department of Transportation for Occupant Protection (Seat Belt) and Speed Enforcement Projects. RESOLUTION #5201 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 Texas Traffic Safety Program Grant Agreement, attached herewith, by and between the City of Lubbock and the Texas Department of Transportation for Occupant Protection Selective Traffic Enforcement and Speed Enforcement Projects, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of June 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Police Chief APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Grant Agreement by and between the City of Lubbock and the Texas Department of Transportation is filed with Resolution No. 5201. According to staff memo, state and national statistics show that speeding and the lack of use of passenger restraints remain as leading factors in accidents involving serious injury. 352 City Council Meeting June 24, 1996 Page 353 The objective of this grant is to reduce the percentage of vehicles exceeding the speed limit in areas of high non-compliance by 10 percent and to increase seat belt usage among drivers and passengers for the Independence and Labor Day weekends. The grant will be in effect from July 2nd through July 6th and from August 31 st through September 4th. It will be used to pay overtime to officers to patrol the streets and will hopefully reduce accidents during these holiday periods. This is a 100 percent federally funded grant in the amount of $7,500 to be administered in July and August of 1996. Staff recommended the approval of this resolution approving the Summer Holiday Selected Traffic Enforcement Project grant. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #5201 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (20.) Bid #13462--Tire Recapping - Annual Pricing (Fleet Services). Treadco, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Bid #13554--Light Bars (Police). Law Enforcement Equipment Company --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (22.) Bid 413565--Sale of Scrap Paper Goods - Annual Pricing (Solid Waste). Vista Fibers --corrugated cardboard, percentage of Southwest High for old corrugated cardboard containers; shredded computer paper, percentage of Southwest High for computer paper; white paper, percentage of Southwest High for old sorted white ledger paper; mixed paper, percentage of Southwest High for mixed paper. Browning & Ferris, Inc. --newsprint, percentage of Southwest High for newsprint. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 353 City Council Meeting June 24, 1996 Page 354 (23.) Bid #13581--Revolving Security Door, and authorize same (Aviation). RESOLUTION #5202 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 Universal Automatic Doors of Lubbock, Texas, to furnish and install all materials and services as bid for the Revolving Security Door, 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 24th day of June 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 24th day of June 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 Universal Automatic Doors of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 1358 1 --Revolving Security Door (Aviation) in the amount of $41,000.00 354 City Council Meeting June 24, 1996 Page355 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Universal Automatic Doors CONTRACTOR By: TITLE: COMPLETE ADDRESS: Universal Automatic Doors 1921 68th Street Lubbock, Texas 79412 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution 45202 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24.) Bid #13592--30" Gate Valves (Water Utilities). Western Industrial Supply, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 355 City Council Meeting June 24, 1996 Page 356 (25.) Bid #13619--Power Turbine Disassembly and Repair (Electric Production). Operational Services, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) ORDINANCE #9904--Zone Case No. 2771 (north of 68th Street and west of Albany, south of 68th Street and east of Albany) -- 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. 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-I 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. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9904 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Neugebauer recused and excused himself from any discussion and voting on this item. (27.) Consider Resolution #5203 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. RESOLUTION 95203 WHEREAS, the City Council did by Resolution No. 1610 enacted on March 8, 1984, establish a Policy and Procedures Manual for the City of Lubbock; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to establish standard procedures with regard to the term limitations for members of City Council appointed advisory boards and commissions which policy shall be included in Volume I of the City Policy and Procedures Manual; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the attached Procedure entitled "Boards and Commissions - Term Limitations" be included as a new Article XI in Volume I of the City of Lubbock Policies and Procedures Manual. 356 City Council Meeting June 24, 1996 Page 357 Passed by the City Council this 24th day of June 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Donald G. Vandiver Don Vandiver First Assistant City Attorney A copy of the Procedures is filed with Resolution No. 5203. City Secretary Betty Johnson presented staff comments. This item was introduced at the May 23, 1996, City Council Meeting. 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. 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 357 City Council Meeting June 24, 1996 Page 358 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 adoption of this resolution and policy. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution #5203 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 9:00 A.M. The City Council recessed as Council and reconvened as regulatory body. (28.) Consider Resolution #5204 authorizing the City Council, sitting as a Regulatory Body, to suspend a requested rate adjustment by Energas Company for purpose of a feasibility study. RESOLUTION #5204 WHEREAS, a Statement of Intent to increase rates within the City of Lubbock was filed May 31, 1996, with the City Secretary of the City of Lubbock by Energas Company; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, is required by law to hold a public hearing to inquire into the reasonableness of such proposed gas rate change; and WHEREAS, the City Council has authority under provisions of law to suspend implementation of such changed rate for up to ninety (90) days pending hearing and decision on such proposed rate change; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of Vernon's Ann.Civ.St., Art. 1446e, hereby suspends the effective date of the proposed rate change indicated in the Statement of Intent to increase rates filed with the City Secretary by Energas Company, for a period not to exceed ninety (90) days from the date when such rate change would otherwise have been effective in order for the City of Lubbock and other affected cities to study the rate request and determine its necessity; and SECTION 2. THAT the City Council of the City of Lubbock, in accordance with mandatory requirements of Section 5.08 of the Gas Utility Regulatory Act hereby orders and directs that a public hearing upon said proposed rate change by Energas Company be held in the City Council Chambers of the Lubbock Municipal Building, 1625 13th Street, at 10:30 A.M. on the 25th day of July, 1996, to determine the reasonableness of such proposed rate increase. The City Secretary of the City of Lubbock is hereby authorized and directed to give Energas Company immediate written notice of such hearing by serving a copy of this Resolution and Order upon them at their business office located in the City of Lubbock. 358 City Council Meeting June 24, 1996 Page 359 RESOLVED AND ORDERED by the City Council this 24th day of June 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Managing Director of Management Services APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Statement of Intent to increase its charges for gas services is filed with Resolution No. 5204. Anna Mosqueda, Director of Financial Services, presented staff comments. On May 31, 1996, the City was notified by Energas Company of a proposed 7.6 percent rate increase. Under state law the City Council has the authority to suspend the proposed rate for up to 90 days in order to evaluate the proposed increase and hold a public hearing to allow citizen input. According to Energas, the proposed increase would increase the Company's annual revenues in the City by $2,301,491. The proposed rate increase will affect 67 cities in the West Texas area. If the City does not call for a 90-day extension period, the proposed rate will automatically take effect 35 days after receipt of notification. According to records on file in the City Secretary's Office, the last public hearing held by Council on a proposed rate increase was in May 1991. At that time a 6 percent increase was proposed. In the past, when such a request has been received, staff has joined with the other impacted cities within the Energas system to hire a consultant to study the rate request and recommended a decision. All cities within the system would then maintain the same rate. Staff anticipates no cost to the City as any costs associated with the feasibility study will be passed through the rate. Staff recommended that the public hearing be set for 10:30 a.m. on July 25, 1996, and that a study of the rate request be authorized and also to authorize participation with other cities in the study. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5204 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 359 City Council Meeting June 24, 1996 Page 360 (31.) Review of the Proposed FY 96-97 Annual Budget and Capital Projects Budget for the City of Lubbock. 9:02 A.M. The City Council adjourned as regulatory body and reconvened as Council. (29.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Secretary). (30.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Parks and Recreation, Police Department, and Water Utilities). The City Council heard presentations from City Manager Bob Cass, managing directors, and department heads on the proposed FY 96-97 Annual Budget. The City Council recessed budget reviews at 4:05 p.m. on June 24 and reconvened at 8:38 a.m. on June 25. The City Council recessed at 5:20 p.m. on June 25, reconvened at 7:07 a.m. on June 26, and adjourned the meeting at 8:26 on J ATTEST: Betty M. Johnson, ity Secretary Read and approved this the 1 lth day of ATTEST: Betty . Johns , City Secretary 360