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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/11/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING July 11, 1996 4:00 P.M. The City Council of the City of Lubbock, Texas, met in regular session on the 11th day of July 1996, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 4:00 P.M. Present: Mayor David R. Langston, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, 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. Mayor Langston called the meeting to order at 4:06 P.M. ( 1.) The Invocation was given by Randy Neugebauer, City Councilmember District 5. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) A representative from the Public Transit Advisory Board presented recommendations for changes in rate structure for Citibus. Will Williams, Chairman of the Public Transit Advisory Board, presented comments. Citibus, in an effort to reduce costs and increase effectiveness, efficiency, and revenue, had a survey conducted by McDonald Transit Associates, Inc., in cooperation with NuStats International. The Citibus Operational/Fare Structure Analysis results recommended a restructuring of the current fare system. Two public hearings were held on this matter. The proposed increases are as follows: Fare Category Current Fare Proposed Fare Adult Cash $0.75 $1.00 Senior/Disabled $0.35 $0.50 Children (6+) $0.50 $0.75 Econocards/Prepaid $0.65 $0.90 Student Econocards/Youth $0.55 $0.80 Monthly Pass (Unlimited)-- $52.00(New) Agency (Disabled) $0.40 $0.55 Agency (Social) $0.65 $0.90 Demand Response Service (DRS)$ 1.50 $2.00 Transfers FREE FREE Public testimony was received by the Public Transit Advisory Board, after which it was approved by the Board that a recommendation be submitted to the Lubbock City Council for approval of a fare increase. City Council Minutes July 11, 1996 Page 364 Justification of Fare Increase Elimination of Federal funding: 40 percent of the Citibus operating budget is currently funded by the federal government. The House goal is to eliminate this operating assistance within four years; the Senate has a goal to eliminate this assistance by the year 2002. The funds received by Texas bus systems were reduced by 41 percent in FY96. State of Texas contribution uncertain: 12 percent of the Citibus operating budget is currently funded by the State. The State does not have any type of a guaranteed funding program for transit. Limited City funds available: The City of Lubbock currently funds approximately 18 percent of Citibus' operating budget. With the closing of Reese Air Force Base and the devastating economic impact of the drought on the $1 billion cotton crop, Citibus cannot expect additional assistance from the City of Lubbock. Fares pay less than one-third of Citibus service costs: Currently, Citibus fares pay less than one-third of the costs for operations. The recovery ratio is even less for DRS curb -to -curb service for the disabled, covering less than 15 percent of the service costs. A reasonable overall goal for fare cost recovery is 40 percent. Last fare increase: The last fare increase placed into effect was in July 1982. Of several fare options examined, the recommended fare structure will yield the most revenue increase with the least amount of loss in ridership. The proposed increase is a 33 percent increase. Consumer prices are currently up 62 percent since the last fare increase. This fare increase would generate approximately $150,000 in additional revenue. It is anticipated that 6.3 percent of riders will be lost due to this increase. With the changes occurring in transit funding on the local, state, and national levels, Citibus is determined to become less dependent upon government subsidies and more independent. Due to the uncertainty of when these changes will occur, Citibus intends to aggressively pursue all possible avenues of funding to ensure its current level of service for the upcoming year and beyond. Citibus staff recommended approval of the fare increase passed by the Public Transit Advisory Board. Following statements by Citibus riders David Rojo, Drue Pettit, Lawrence Franky, Penny Morris, and Warren Sandner motion was made by Councilmember Ince, seconded by Mayor Pro Tem Cooke to approve the fare increase as recommended by the Public Transit Advisory Board. Motion carried: 7 Yeas; 0 Nays. ( 4.) A representative from the Lubbock Arts Alliance appeared to present the Grants Review Committee recommendations for the first cycle of the granting period for 1996. 364 City Council Minutes July 11, 1996 Page 365 Debra Milosevich, Executive Director of the Lubbock Arts Alliance, presented comments. On May 9, 1996, the City Council approved an agreement to pay the Lubbock Arts Alliance, Inc., $105,743 for the encouragement, promotion and improvement of all forms of art in the community. These monies represent the amount collected from .4 cent of the hotel/motel tax collected during the fiscal year ended September 30, 1995. The agreement provides that a review committee of the Lubbock Arts Alliance shall receive and evaluate applications for grants and make recommendations to the City Council for awarding of these grants. The City Council was now asked to approve $46,100 in grant awards for the first of two grant periods for FY 1996-97. Twenty-five applications were received on the June 1 deadline and twenty-one are recommended for full or partial funding. The Lubbock Arts Alliance, Inc., recommended approval of these funds. Motion was made by Councilmember Hernandez to approve the grant funds as recommended by staff with two amendments as follows: $7,500 to the National Cowboy Symposium and $8,000 to the Fiestas del Llano. Motion died due to lack of a second. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve grants in the amount of $46,100, with the National Cowboy Symposium resubmitting an application to the Lubbock Arts Alliance for recommendation. Motion carried: 7 Yeas; 0 Nays. ( 5.) Robert Bobinchuck and Rick Deyoe, representing American Preferred Homes, will appear to request that the City Council authorize a loan to use as a match to obtain tax credits from the State of Texas for the purpose of constructing low- to moderate -income housing and to request that the City Council take appropriate action. This item was deleted from the agenda. ( 6.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the June 24, 1996, Regular City Council Meeting, and the minutes of the June 26, 1996, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 7.) ORDINANCE NO. 9903--Amending Chapter IX, Chapter 14 of the Lubbock Code of Ordinances relating to sexually oriented businesses. 365 City Council Minutes July 11, 1996 Page 366 ORDINANCE NO. 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 PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9903 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (9.) Consider Ordinance No. 9915 abandoning and closing a portion of a stormwater storage and drainage easement and portions of two underground utility easements in Section 15, Block E-2, Lubbock County, Texas (5110 92nd Street). ORDINANCE NO. 9915 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A STORMWATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, A 6,550 SQUARE FOOT PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS; AND A 1,400 SQUARE FOOT PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS; EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance abandons and closes a 0.92 acre portion of a stormwater storage and drainage easement, a 6,550 square foot portion of an underground utility easement, and a 1,400 square foot portion of an underground utility easement in the Lakeridge Country Club Estates Addition adjacent to York Place and 92nd Street. These three easements are being closed for platting purposes for the new plat of Lots 951-985 in Lakeridge Country Club. All utility companies have agreed to these utility easement closures and the Engineering Department has agreed to the stormwater easement closure. No easements are needed for stormwater, and the City is acquiring the ones needed for utilities and solid waste collection with the plat. Staff recommended the first reading of this ordinance. KITH City Council Minutes July 11, 1996 Page 367 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 9915 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) Consider Ordinance No. 9916 abandoning and closing a portion of a 20-foot public roadway in Section 17, Block E-2, Lubbock County (4301 98th Street). ORDINANCE NO. 9916 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A PUBLIC ROAD LOCATED IN SECTION 17, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, in 1924 the Lubbock County Commissioners accepted through petition a public roadway which was later to be known as 98th Street and which ran westward from Indiana Avenue to Slide Road. This county road was 40 feet in width, 20 feet on each side of the section line. In 1984, the City realigned 98th Street southward. The property south of this county road is in the process of being replatted and the south half of this 40-foot roadway has been requested to be closed. The old roadway will revert back to an underground utility easement to cover the existing utilities. Staff recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 9916 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Resolution No. 5205 authorizing the Mayor to execute a contract with South Plains Association of Governments for an educational and outreach grant for composting. RESOLUTION NO. 5205 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and associated documents with South Plains Association of Governments for grant funds to establish a yard trimming management program 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. 367 City Council Minutes July 11, 1996 Page 368 Passed by the City Council this 1 Ith day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Steven D. Johnson Steven D. Johnson, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract and Attachment A with the South Plains Association of Governments is filed with Resolution 5205. According to staff memo, the Texas Natural Resources Conservation Commission (TNRCC) has provided grant funding through the Council of Governments for waste reduction projects. The Solid Waste Department submitted a grant proposal to the South Plains Association of Governments for a yard waste management program. The amount of the grant is $42,043 and is to be used for the following purposes: Development of a "Don't Bag It" program, which encourages people to leave the grass clippings on the lawn Development of educational materials Lawn demonstrations consisting of using a mulching mower and showing that grass grows even if clippings are left on the ground. Bid and purchase of backyard composting bins for distribution to the public who attend the educational and outreach events. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5205 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution No. 5206 authorizing acceptance of water and sanitary sewer improvements for Tracts "F-1" through "F-8", Shadow Hills Addition, located near northwest corner of 4th Street and Frankford Avenue. •: City Council Minutes July 11, 1996 Page 369 RESOLUTION NO.5206 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT F-I THROUGH TRACT F-8, SHADOW HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract F-1 through Tract F-8, Shadow Hills Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $31,271.53, with the improvements constructed by Holoman Construction having a value of $30,273.50, as determined by the unit prices established by said Chapter 28, and $998.03 cash paid to the City, with Ken Flagg, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; 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 as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. = City Council Minutes July 11, 1996 Page 370 Passed by the City Council this 1 lth day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $31,271.53 including value of construction costs of $30,273.50 and $998.03 cash paid to the City of Lubbock. The developer will not receive a refund. This development is located northwest of 4th Street and Frankford Avenue. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5206 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution No. 5207 authorizing the Mayor to execute a grant application and related documents for the United States Department of Justice for a digital imaging computer system and for the Council to establish or designate an advisory board to review the application for funding and making non -binding recommendations to the Council for the use of the funds received under the Department's Block Grants Program. 370 City Council Minutes July 11, 1996 Page 371 RESOLUTION NO.5207 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 an on behalf of the City a grant application and related documents for the United States Department of Justice for a digital imaging computer system and that the Council hereby agrees, in accordance with the requirements of such grant application, to establish or designate an advisory board to review the application for funding and make nonbinding recommendations to the Council for the use of funds received under the Department's Block Grants Program. Passed by the City Council this 11th day of July 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, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, these funds are being requested to purchase computers and related equipment to include a digital imaging system. This equipment is necessary to assure maximum benefit of the future connection of the Police Public Safety Computer to the Lubbock County Computer System. This equipment will also expand access of the Public Safety System local area network to the City of Lubbock local area network. Included in the package is a digital imaging system which will be compatible with Lubbock County's imaging system and a digital photography system which will save several thousands of dollars spent yearly on 35mm film and processing. The grant also calls for the City to establish an advisory board to review the application for funding and make non -binding recommendations on the use of the funding. At a minimum, this advisory board will consist of one representative from each of the following areas: local law enforcement, local prosecutor's office, local court system, local public school system, and a local non- profit group that is involved in crime prevention. The board will be appointed by the Mayor; however, it does not have to be appointed until after the grant is awarded. 371 City Council Minutes July 11, 1996 Page372 The grant requires 10 percent matching funds from the City in cash to be obligated and expended during the Federal project period. The Police Department is requesting a grant in the amount of $277,000. The City's share will be $27,700. Staff recommended that this resolution be approved. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5207 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution No. 5208 authorizing the Mayor to execute an amendment to the existing contract with the Texas Tech University Health Sciences Center Dermatology Clinic for physician services. RESOLUTION NO. 5208 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment No. 1 to Contract Number ALMW92433, attached herewith, by and between the City of Lubbock and Texas Tech University Health Sciences Center for physician services, 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 11 th day of July 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 Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Amendment 1 to Contract Number with Texas Tech University Health Sciences Center is filed with Resolution 5208. 372 City Council Minutes July 11, 1996 Page 373 According to staff memo, in March 1992 the City of Lubbock Health Department signed a contract with the TTU Dermatology Clinic for physician services. The physician services are targeted at clients who enter the sexually transmitted disease clinic. This amendment will provide a physician in the clinic 4.5 hours per week. Payment for physician services will be $100 per hour. which is a $25 increase per hour from March 1992. This increase in payment will not have an impact on the overall budget due to the decrease in the number of hours a physician is in the clinic. Even though there will be a decrease in physician hours, there will still be a sufficient amount of hours available to serve the public. This amendment enhances the Health Department's core mission of public health by providing needed services to the low-income community. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5208 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution No. 5209 amending a contract with Munex, Inc., for management services for Lubbock Power & Light. RESOLUTION NO.5209 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 an on behalf of the City of Lubbock a Management Contract by and between the City of Lubbock and Munex, Inc., 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 1 lth day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /sBob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 373 City Council Minutes July 11, 1996 Page 374 A copy of the Management Contract by and between the City of Lubbock and Munex, Inc. is filed with Resolution 5209. According to staff memo, the existing contract with MUNEX, Inc., began at the end of September 1995 and was originally to end September 30, 1996. The purpose of this contract was to provide management of Lubbock Power and Light through a contractual arrangement whereby Robert Massengale has been provided by the corporation to manage the electric utility. City staff has considered hiring a permanent employee for this position, however, through discussions with Robert Massengale, City staff has mutually agreed to an extension of the contract. This arrangement will provide needed stability for the electric utility in the best interest of the City and the electric utility. This amendment extends the term of the contract for a period of two years from the date of the execution of the contract. The compensation under the contract is the same as the existing contract, with a three percent increase on October 1 of each year during the term of the agreement. All other terms of the contract are essentially the same. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5209 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider the price and condition of sale of Parcel Number 54490-0-2840 at 2907 Beech in the Manhattan Heights Addition. According to staff memo, this is a routine sale of property by the Southeast Lubbock Development Corporation to Sid Lee d/b/a Lee Homes for $300. The property is to be redeveloped in cooperation with the Lubbock Housing Finance Corporation with a new 1,195 single-family residence valued at $45,000. The land is properly zoned. The proposed development was approved by the Southeast Lubbock Development Corporation on June 18, 1996. The Housing Department recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize sale of parcel as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider Resolution No. 5210 authorizing the Mayor to execute a contract with the Texas Department of Housing and Community Affairs to assist low-income families with weatherization services. 374 City Council Minutes July 11, 1996 Page375 RESOLUTION NO. 5210 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 the Texas Department of Housing and Community Affairs to assist low-income families with weatherization services. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Ith day of July 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 Service APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Contract by and between the City of Lubbock and Texas Department of Housing and Community Affairs is filed with Resolution 5210. According to staff memo, the City of Lubbock has participated in the State Weatherization program for several years. Southwestern Public Service Company (SPS) has funded the Texas Department of Housing and Community Affairs for additional weatherization on eligible low income SPS customers, particularly the elderly and disabled. The program allows for the installation of attic insulation, low -flow shower heads, and compact fluorescent light bulbs. The average per unit cost will be $600. Sixty-three units are to be completed. The total contract amount is $37,661. The SPS Low Income Program Contract is to be implemented in Lubbock County for homes heated and/or cooled with electricity. The SPS/WAP program will complement the existing DOE and State Weatherization programs currently in place Only SPS customers will be eligible for the additional weatherization which will be leveraged with other programs for maximum effect within the targeted areas. This contract is from January 16, 1996 to March 31, 1997. Staff recommended approval of this contract. 375 City Council Minutes July 11, 1996 Page 376 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5210 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution No. 5211 authorizing an amendment to the amendments passed by the City Council of the City of Lubbock on April 11, 1996, that amended the 1995-96 Community Development Block Grant Action Plan for the reallocation of unprogrammed funds. RESOLUTION NO.5211 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Amendments passed by the City Council of the City of Lubbock on April 11, 1996, that amended the 1995-96 Community Development Block Grant Action Plan for the reallocation of Unprogrammed Funds. Said is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Allocations Amendment to the Amendment CDBG Program Direct Homeownership Assistance Program $189,000 This program will assist approximately 30 low to moderate income families and individuals to become homeowners. $189,000 will be made available to qualifying applicants for low interest, soft second mortgage buydowns or to provide downpayment and closing cost assistance. The soft second and downpayment and closing costs would be a second lien at 3% interest. The term of the loan would be based on the applicant's income. This program will be leveraged with local lending institutions. Plans National Bank has agreed to set aside $800,000.00 until September 30, 1996 through its Community Loan program to be leveraged with the Direct Homeownership Assistance Program. 376 City Council Minutes July 11, 1996 Page 377 Passed by the City Council this 1 lth day of July 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 Service ' ' • 0 : -VtohLe /s/ Amy L. Whitt Amy L. Whitt.. Assistant City Attorney According to staff memo, at the City Council work session of April 11, 1996, the Council tabled requests for CDBG Contingency funds. The project submitted at that time was the moving and rehabilitation of donated LISD portable classrooms ($189,000). The item was tabled pending a closer review by the staff to see if the CD Contingency funds could be leveraged with private sources to further the City's money. At the May 9, 1996, work session, the Housing Department reported that a local lending institution had agreed to leverage CDBG funds with $800,000 of permanent financing. The program allowed for the implementation of Direct Homeownership Assistance through low -interest, soft second mortgage buydowns, or to provide down payment and closing cost assistance. Under this program, it was estimated that 30 families would be assisted. In contrast, only 12 families would have been assisted through the moving of the LISD portable classrooms. The amount of funds needed would be $189,000. The City Council approved this item at the May 9 work session. However, the City's Legal Department determined that this should have been done by resolution. Therefore, it is recommended that this resolution be approved authorizing $189,000 of Community Development Block Grant funds for a Direct Homeownership Assistance program. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5211 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Bid #13479--Printing and Copying Services (Financial Services). Consider rejecting all bids and accepting departmental proposal. 377 City Council Minutes July 11, 1996 Page 378 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to reject all bids and accept departmental proposal as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Bid 913503--Gloves - Annual Pricing (Central Warehouse). Bistle Glove 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: 7 Yeas; 0 Nays. (21.) Bid #13563--Semi-Automatic Pistols (Police Department). Texas State Distributors, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Bid 913569--Contract Turf Maintenance - Annual Pricing (Water Utilities). Roberts Landscape Maintenance --Group 1 - Class E Areas and Properties - 8 Cycles; Group 7 - Class A Areas and Properties - 8 Cycles. Ken Kelley --Group 2 - Class E Areas and Properties - 8 Cycles; Group 3 - Class E Areas and Properties - 8 Cycles; Group 4 - Class E Areas and Properties - 8 Cycles. Luis Gonzales --Group 5 - Class E Areas and Properties - 8 Cycles; Group 6 - Class E Areas and Properties - 8 Cycles; Group 8 - Class E Areas and Properties - 8 Cycles; Group 11 - Class C Areas and Properties - 11 Cycles. Kelly's Lawn & Landscaping --Group 9 - Class E Areas and Properties - 8 Cycles; Group 10 - Class E Areas and Properties - 8 Cycles. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) Bid #13585--Office Supplies - Annual Pricing (Print Shop). Baker Office Products, LTD --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) Bid #13593--City of Lubbock Landfill Fencing, and authorize same (Solid Waste). 378 City Council Minutes July 11, 1996 Page 379 RESOLUTION NO. 5212 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 an on behalf of the City of Lubbock a Contract with G & O Fence Contractors, Inc. of Odessa, Texas, to furnish and install all materials and services as bid for the City of Lubbock Landfill Fencing, 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 1 lth day of July 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 A copy of the Contract is filed with Resolution 5212. G & O Fence Contractors, Inc., Odessa, Texas. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5212 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Bid #13594--Lubbock Memorial Civic Center Carpet (Civic Center). Couristan, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Bid #13600--LP&L Painting Holly Unit #2, Stairways and Handrails, and authorize same (Electric Production). 379 City Council Minutes July 11, 1996 Page 380 RESOLUTION NO.5213 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 an on behalf of the City of Lubbock a Contract with Western Coating Company, Inc. of Odessa, Texas, to furnish and install all materials and services as bid for the LP&L Painting Holly Unit #2, Stairways and Hand Rails, 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 1 lth day of July 1996. /s/ David R. Langston 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 COUNTY OF LUBBOCK DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 1 lth day of July, 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 WESTERN COATING COMPANY, INC. of the City of Odessa, County of Ector, and the State of Texas, herein 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 # 13600 - LP&L PAINTING HOLLY UNIT #2, STAIRWAYS AND HAND RAILS - $51,800 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 City Council Minutes July 11, 1996 Page 381 accessories and services necessary to complete 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 bid 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/ Harold Willard Secretary APPROVED AS TO CONTENT: /s/ Joe Tilley Owner's Representative APPROVED AS TO FORM: /s/ Donald G. Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston MAYOR CONTRACTOR: WESTERN COATING COMPANY, INC. By: Michael Wilson PRINTED NAME: Michael Wilson TITLE: President COMPLETE ADDRESS: Western Coating Company, Inc. 2211 E. Murphy Odessa, Texas 79761 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5213 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) Bid #13603--105' Aerial Platform Fire Truck (Fire Department). Houston/Galveston Area Council --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (28.) Bid 413623--34th Street & Quaker Avenue Street Repair (Water Utilities). Zebra Construction Company --Total bid. 381 City Council Minutes July 11, 1996 Page 382 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) Bid #13634--Repair of Holly 2 Feed Pump Rotor (Electric Production). BW/IP International, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) ZONE CASE NO.2776 (3413 Avenue R)--Hold a public hearing to consider request of Charles Bolton (for Bolton Oil Company) for a zoning change from R-2 to C-4 (limited to automotive repair and detail associated with sales) on Lot 19, Stubbs Resubdivision, and to consider ordinance. ORDINANCE NO.9917 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1776; A ZONING CHANGE FROM R-2 TO C-4 ZONING ON LOT 19, STUBBS RESUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 5:19 p.m. Charles Bolton appeared on behalf of Bolton Oil Company to present this request for zone change from R-2 to C-4. No one appeared in opposition. Mayor Langston closed the hearing at 5:20 p.m. Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent land use relationships as follows: North - residential, multi -family South - residential East - commercial West - residential The Comprehensive Land Use Plan notes the lots adjacent to Avenue R as residential. If this request is approved, the change will represent a minor change to the Plan. Zoning policy indicates a need to protect adjacent residential. The parcel has been used for parking by adjacent businesses for some while and is fenced off from Avenue R and both side property lines. The proponent is requesting that no access to Avenue R be a condition of the zone case and that the solid screen fence be kept in good shape on the north, south and west sides of the lot. The screening fence has very little setback on Avenue R, but the neighborhood seems to have adjusted to it. The single precedent for commercial use of lots on Avenue R between 34th and 38th is a Zoning Board of Adjustment case for MON City Council Minutes July 11, 1996 Page 383 parking in a residential district on Lot 25 (to the south). No adjacent property owners appeared at the hearing. The proposal should have no effect on traffic. The Planning and Zoning Commission recommended the request with four conditions: The C-4 zoning shall be limited to automotive repair and detail associated with sales. Any other proposed use shall require an amended zoning request No access shall be allowed to the parcel from Avenue R The screening fence shall be maintained in good repair on the north, south and west lot lines Tied to the proposed site plan for setback from Avenue R Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to pass on first reading Ordinance No. 9917 with conditions as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Hernandez was absent from the City Council Chambers. (31.) ZONE CASE NO.2191-B (east of Milwaukee Avenue and north of 19th Street) --Hold a public hearing to consider request of Betenbough and Company for a zoning change from R-1 to R-1 Specific Use (garden homes) on a tract out of Section 9, Block J-S, and to consider ordinance. ORDINANCE NO, 9918 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES; ZONE CASE NO.2191-B; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 5:21 p.m. No one appeared in favor of or in opposition to Betenbough and Company's request for zone change from R-1 to R-1 Specific Use. Mayor Langston closed the hearing at 5:22 p.m. Randy Henson, Senior Planner, presented staff comments. The proponent is requesting a Specific Use Permit for the ability to build garden homes within this tract of land. The garden home is a detached, single-family style of residential construction that allows a zero setback on one lot line and a ten foot setback on the other side lot line. Mr. Henson gave the adjacent land use relationships as follows: City Council Minutes July 11, 1996 Page 384 North - single family South - commercial East - single family West - Upland Avenue, single family The request complies with the Comprehensive Land Use Plan. The Specific Use Permit for Garden Homes differs from R-1 single family in three primary areas: Coverage 65 percent versus 50 percent Zero/ten foot setback on side property lines versus five and five A fifteen foot front setback, twenty for garages versus a 25 foot setback The proponent for this request is asking for a condition that requires a 20 foot minimum front setback for all structures. The proposal will not affect traffic to an extent greater than the existing plat approved for the property. The preliminary plat contains 411 lots. Development of this property will dedicate and improve the west half of Iola which serves as a major collector of these subdivisions to 19th Street. No adjacent property owners spoke at the hearing. The Planning and Zoning Commission recommended the request with one condition: The minimum front setback shall be 20 feet. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Cooke to pass on first reading Ordinance No. 9918 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Hernandez was absent from the City Council Chambers. (32.) Hold a public hearing to consider amendment to the Sexually Oriented Business section of the Zoning Code of Ordinances, and take appropriate action. ORDINANCE NO. 9919 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, THE CITY OF LUBBOCK COMPREHENSIVE ZONING ORDINANCE, SECTION 29-3 (103a), DEFINING SEXUALLY ORIENTED BUSINESS. Mayor Langston opened the public hearing at 5:25 p.m. No one appeared in favor of or in opposition to amendment of the Sexually Oriented Business section of the Zoning Code of Ordinances. Mayor Langston closed the hearing at 5:26 p.m. Randy Henson, Senior Planner, presented staff comments. On May 23, 1996, the City Council approved several amendments in Chapter 14 of the Code, portions related to sexually oriented business establishments. The Zoning Code (Section 29) contains a reference to an amended definition in Section 14, and the proposed City Council Minutes July 11, 1996 Page 385 ordinance amendment is a corrected reference. None of the language of the zoning regulations for sexually oriented business is changing, only the reference to Section 14 and the definition of "primary business activity." The Planning Commission recommended approval of the change procedures. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9919 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (33.) Hold a public hearing to consider the request of Benson McCown for an Oil Drilling Permit on a tract located approximately 620 feet north of East Ursuline and 1916 feet west of North Guava in Section 8, Block A, Lubbock County, Texas. Designation of the well is Dunlop #2. Mayor Langston opened the public hearing at 5:26 p.m. Ronnie Madison appeared on behalf of Benson McCown to present this request for an oil drilling permit. No one appeared in opposition. Mayor Langston closed the hearing at 5:27 p.m. (34.) Consider approval of an oil drilling permit for Dunlop #2. Randy Henson, Senior Planner, presented staff comments. On June 17, 1996, the Planning Department received an application for a drilling permit. The storage site is proposed at an existing tank battery approximately 200 feet west of Guava and 1120 feet north of East Ursuline. The application is in order. The lease contains 40 acres. Benson - McCown proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a rating of 5,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump. Access to the drill site and storage site is proposed from Guava on private property. Short Term Impacts: A minimum of impact is expected for the short term since the area is uninhabited. The current use is agricultural. There are no homes in the immediate vicinity of the proposed well or existing tank battery. Potential Long Term Impacts: The land area surrounding and including this lease is designated industrial on the Comprehensive Land Use Plan. Additional wells are in the immediate area. Since little additional development is projected in the immediate area and future development is anticipated as industrial, few long term negative impacts are anticipated. Recommended Permit Conditions: No hydrocarbon lubricant (waste oil) shall be used to free up the hole during drilling until after the surface casing has been set. WIR City Council Minutes July 11, 1996 Page 386 The permittee shall require that a first series of casing be set when drilling reaches a depth of 500+/- feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. The first and second series of casing of the well shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Benson-McGown for Dunlop #2. Staff recommended approval of this permit. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Sitton to approve the oil drilling permit as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (35.) Hold a public hearing to discuss the annexation of the following property into the City of Lubbock (Quaker Avenue to Milwaukee Avenue between approximately 100th to 107th Street). Mayor Langston opened the public hearing at 5:57 p.m. Henry Huneke and Truett Craft appeared on behalf of H. A. Sessions to present this request for annexation. Scott MacKenzie, John Armor and Dave Messick appeared in opposition to portions of the annexation. Mayor Langston closed the hearing at 6:48 p.m. Randy Henson, Senior Planner, presented staff comments. On July 2, 1996, the Planning Commission held a public hearing for the area proposed for annexation south of 98th between Quaker and Milwaukee. The large parcel owners include: 1. Dr. Hubert Cone 2. H.A. Sessions 3/4. A consortium of owners represented by Dub Mantooth and Scott MacKenzie 5/6. Truett Craft and the Donald Bledsoe estate 7. Various small parcel owners Discussion during the hearing was dominated by Mr. MacKenzie, representing the owners of Areas 3 and 4 and their desire not to be included in the annexation. The area between Slide and Frankford contains a total of 240 acres from which a 40-acre parcel has been platted into 32 one -acre home sites. No preliminary plats have been approved on the balance of the half section, although staff believe they have a Phase II design. Their primary concerns are that the market does not exist for "town" size lots and development costs under city standards are prohibitive for the one acre "country" lots. Paving costs for curbed and guttered streets are much higher than the strip paving allowed by Lubbock County. In addition, Mr. Craft indicated that his partner in Areas 5 and 6 did not care to have Area 6 included at this time. Mr. Cone, who W. City Council Minutes July 11, 1996 Page 387 owns Area I did not attend the hearing and has not expressed opposition. He recently processed a preliminary plat on the quarter section he owns. Mr. Henson spoke with Dr. Cone on July 3 to confirm the fact he is not in opposition to the annexation of Area 1. The Planning Commission, based on opposition expressed by Mr. MacKenzie, recommended that only the areas requested by Mr. Sessions (Area 2) and Mr. Craft (Area 5) be annexed. While several members agreed that the "jigsaw" pattern is not the best, annexing only the requested areas would not hurt for a short time frame. There seemed to be consensus that the portions left out this time would be reconsidered for annexation in the near future. The single vote against the motion was based on the Comprehensive Land Use Plan Policy of not creating pockets. The Planning and Zoning Commission recommendation included only a portion of the 720 acre area. The Planning Department will continue to recommend annexation of the entire study area. No action was required at this time. (36.) Hold a public hearing for the 1996-97 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and HOME Investment Partnership (HOME) Programs. Mayor Langston opened the public hearing at 6:50 p.m. Doug Goodman, Director of Health and Community Services presented funding recommendations. The following citizens spoke at the hearing: Everett Hooper, representing MHMR; JoAnn Cotter, Director of Early Learning Centers of Lubbock; Ken Flagg and Shari Flynn, Lubbock Housing Finance Corporation; Myrtle Mannix and Mikel Ward. Mayor Langston closed the hearing at 7:30 p.m. (37.) Consider Resolution No. 5214 authorizing the Mayor to execute an amendment to the 1995-96 Emergency Shelter Grant Action Plan for the reallocation of returned funds. RESOLUTION NO.5214 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the 1995- 96 Emergency Shelter Grant Action Plan for the reallocation of returned funds. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 387 City Council Minutes July 11, 1996 Page 388 Passed by the City Council this 11 th day of July 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 Service APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Recommended Funding Reallocations is filed with Resolution 5214. Doug Goodman, Director of Health and Community Services, presented staff comments. During the 1995-96 fiscal year, two recipients of 1995-96 Emergency Shelter Grant funds were unable to implement their proposed projects. The Community Housing Resource Board had proposed to use $12,800 for operations of transitional shelter. Due to changes at the federal level, they were unable to obtain vacant houses to use for transitional shelter. Therefore, they returned their award to the City. In addition, Women's Protective Services returned $6,000 which they had planned to use for a homeless prevention project and due to the fire that occurred at their shelter, they did not feel that they could successfully implement this new project. The Community Development Advisory Committee met on June 20, 1996, and recommended proposals from Salvation Army for Homeless Prevention and Women's Protective Services for operations money. Staff recommended approval of the Community Development Advisory Committee's recommendation for the reallocation of the 1995-96 Emergency Shelter Grant funds. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to authorize Resolution No. 5214 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (38.) Consider Resolution No. 5215 authorizing the Mayor to execute two YWCA proposals and two Women's Protective Services proposals in the 1996-97 Community Development c:: City Council Minutes July 11, 1996 Page 389 Grant Application to the Department of Housing and Urban Development. RESOLUTION NO. 5215 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 sign and submit two YWCA proposals and two Women's Protective Services proposals in the 1996-97 Community Development Grant Application to the Department of Housing and Urban Development. Passed by the City Council this 1 Ith day of July 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 Service APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Community Development Grant Application to the Department of Housing and Urban Development is filed with Resolution 5214 Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution No. 5215 as recommended by staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Sitton and Councilmember Neugebauer abstained. (39.) Consider Resolution No. 5216 authorizing the Mayor Pro Tem to execute one Fourth Corps proposal in the 1996-97 Community Development Grant Application to the Department of Housing and Urban Development. RESOLUTION NO. 5216 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to sign and submit the Fourth Corps' proposal in the 1996-97 Community Development Grant Application to the Department of Housing and Urban Development. REM City Council Minutes July 11, 1996 Page 390 Passed by the City Council this 1 lth day of July 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 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 Service APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Community Development Grant Application to the Department of Housing and Urban Development is filed with Resolution 5214. Mayor Pro Tem Cooke presided over the next few items. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution No. 5216 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston abstained. (40.) Consider Resolution No. 5217 authorizing the Mayor Pro Tem one Lubbock Housing Finance Corporation proposal in the 1996-97 Community Development Grant Application to the Department of Housing and Urban Development. RESOLUTION NO.5217 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tem of the City of Lubbock BE and is hereby authorized and directed to sign and submit the Lubbock Housing Finance Corporation in the 1996-97 Community Development Grant Application to the Department of Housing and Urban Development. 390 City Council Minutes July 11, 1996 Page 391 Passed by the City Council this 11 th day of July 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 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 Service APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Community Development Grant Application to the Department of Housing and Urban Development is filed with Resolution 5214 Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to authorize Resolution No. 5217 with an amendment of an additional $25,000, with the remainder being sought from local lenders. Motion carried: 5 Yeas; 0 Nays -- Mayor Langston and Councilmember Patterson abstained. (41.) Consider Resolution No. 5218 authorizing the Mayor Pro Tem to execute three Lubbock United Neighborhood Associations proposals in the 1996-97 Community Development Grant Application to the Department of Housing and Urban Development. RESOLUTION NO. 5218 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to sign and submit the Lubbock Neighborhood Association's three proposals in the 1996-97 Community Development Grant Application to the Department of Housing and Urban Development. 391 City Council Minutes July 11, 1996 Page 392 Passed by the City Council this 11 th day of July 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 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 Service APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Community Development Grant Application to the Department of Housing and Urban Development is filed with Resolution 5214 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5218 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston abstained. Mayor Pro Tern Cooke returned control of the City Council meeting back to Mayor Langston. (42.) Consider Resolution No. 5219 authorizing the Mayor to execute and submit the Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnership Program applications, one year strategies, and all related documents to the Department of Housing and Urban Development. RESOLUTION NO.5219 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 an on behalf of the City of Lubbock to sign and submit the Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnership application, one year strategies, and all related documents to the Department of Housing and Urban Development. 392 City Council Minutes July 11, 1996 Page 393 Passed by the City Council this 1 lth day of July 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 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 Service APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Community Development Grant Application to the Department of Housing and Urban Development is filed with Resolution 5214 Doug Goodman, Director of Health and Community Services, presented staff comments. On May 6, 1996, the U.S. Department of Housing and Urban Development informed the City of Lubbock that it was eligible to receive a Fiscal Year 1996 consolidated formula allocation of $4,461,000. In addition, $125,000 in program income is anticipated for the 1996-97 program year. The following shows a breakout of the resources: Amt. Avail, Amt. Requested Emergency Shelter Grant HOME Investment Partnership Community Development Block Grant Program Income Total $ 87,000 $139,578 $1,041,000 $1,694,284 $3,333,000 $6,226,818 125,000 $4,586,000 $8,060,680 The total formula is a $102,000 reduction in the awards to the City of Lubbock from the previous year and CDBG is expected to decrease 10 percent next fiscal year. After the designation of the targeted neighborhoods by the City Council on April 18, 1996, the staff developed and issued a request _ for applications and a Citizen's Guide to invite all interested parties to take part in the allocation process. The staff met separately with the targeted neighborhoods to disseminate this information. Throughout the month of May, the staff availed technical assistance through workshops to assist interested applicants in filling out applications. The deadline for applications was May 31, 1996 at 5:00 p.m. 393 City Council Minutes July 11, 1996 Page 394 This year staff received 54 applications with requested amounts totaling $8,060,680. Council received a summary of the applications on June 24, 1996. The applications were reviewed by staff for completeness and the applications were graded and grouped by categories and submitted to provider groups for evaluation and recommendation where possible. The Community Development Advisory Committee met on June 20, 1996, to select the proposals submitted for funding. In keeping with the City Council goals and the requirements of the consolidation plan, the Community Development Department has continued to emphasize targeting, citizen participation from the planning stages through implementation and evaluation, return of investment through evergreen funds, and using resources to meet needs in the community. Lubbock citizens have participated in this year's process through the neighborhood associations, community and business organizations, direct participation, and the Community Development Advisory Committee. All of these entities have been present in this year's process, which makes the recommendations particularly reflective of the concerns and priorities of the citizens of Lubbock. Thus, it is the recommendation of the staff that the Community Development Advisory Committee's recommendations for the use of the 1996-97 federal funds be approved by the Mayor and City Council. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to authorize Resolution No. 5219 as recommended by staff with $12,500 to fund the Early Learning Center parking lot request and reducing sidewalk funding by that amount. Motion carried: 7 Yeas; 0 Nays. (43.) Consider Resolution No. 5220 authorizing the Mayor to execute a third amendment to the Convention and Tourism Service Agreement between Marketing, Entertainment, Travel, Tourism and Sports, Inc. (METTS) and the City of Lubbock. RESOLUTION NO.5220 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 Third Amendment to Convention and Tourism Service Agreement, attached herewith, by and between the City of Lubbock and Marketing, Entertainment, Travel, Tourism and Sports, Inc., 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 copies herein in detail. 394 City Council Minutes July 11, 1996 Page 395 Passed by the City Council this 1 lth day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture and Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Third Amendment to Convention and Tourism Service Agreement is filed with Resolution 5220. Vicki Key, Civic Centers Manager, presented staff comments. As a part of the consolidation and coordination of efforts, this amendment will transfer certain functions now handled by Civic Lubbock, Inc. to METTS. These functions include the fostering and promotion of the presentation of wholesome, educational and cultural programs, attractions, and entertainment for the people of the city of Lubbock and surrounding area. With this amendment, METTS will have the ability to sponsor and/or contract for such programs, attractions and entertainment for presentation in the Lubbock Memorial Civic Center and Municipal Auditorium - Coliseum. Included in these programs will be the responsibility of the Walk of Fame and Terrace inductions, providing for a local grant program for events held in the Civic Center or Auditorium - Coliseum, and the sponsorship and/or co-sponsorship of national touring shows and productions. Key provisions of the amendment are as follows: The City will pay to METTS the sum of $70,000 per year to carry out the responsibilities described above. The financial arrangement will be reviewed and evaluated annually by both parties. Should a major reduction occur in the concessions revenues as a result, for instance, of the loss of a primary tenant at either of the facilities, this financial commitment is subject to revision. 395 City Council Minutes July 11, 1996 Page 396 METTS will be responsible for all financial obligations and costs associated with the presentation of their events and programs. Any net income is to be appropriated and expended for purposes as outlined in the amendment and described above. The City also agrees to pay to METTS any additional profits that are generated by the operation of the food concessions in the Civic Center and Auditorium -Coliseum to further carry out the responsibilities outlined in this amendment. Additional profits will be considered any revenue in excess of all costs associated with the operation of the concessions, 30 percent of the gross concession revenues that will be retained by the City, any Select -a -Seat deficit, cost of maintaining the interior and exterior planter program, and any capital improvement program directly related to the delivery of these services. The $70,000 payment to METTS will also be deducted prior to computing additional profits. METTS will pay the established rental rates for use of the Civic Center and/or Auditorium -Coliseum. Civic Center staff will administer these functions and associated funds on behalf of METTS. Civic Center previously handled these functions on behalf of Civic Lubbock, Inc. The effective date of this amendment will be October 1, 1996. Although Civic Lubbock, Inc. will no longer be responsible for the above described functions or the food concession operation (this function is being transferred to the City and will be handled by the Civic Centers Department), Civic Lubbock, Inc. will continue to handle the alcoholic beverage sales at both facilities. Profits from these sales will be used towards public art programs. This requires that their Articles of Incorporation and By -Laws be changed and submitted to the IRS and Secretary of State for approval. This process is estimated to take between 60-90 days. To further coordinate marketing efforts, this amendment to the Convention and Tourism Agreement will authorize METTS to handle the sponsoring and co -sponsoring of educational and cultural programs, attractions, and entertainment in the Civic Center and Auditorium -Coliseum, previously handled by Civic Lubbock, Inc. Civic Lubbock, Inc. will be restructured and will handle the sale of alcohol in these facilities, with profits from these sales going toward public art programs. This will require a change in Civic Lubbock, Inc. Articles of Incorporation and By -Laws, which must be approved by the IRS and Secretary of State. This process is expected to take between 60-90 days. Food concessions, previously handled by Civic Lubbock Inc., will come in-house and become a function of the Civic Centers Department. Funding for the programs administered by METTS will be provided by the City in the amount of $70,000 per year. These funds will come from the profits generated through the food concessions. Civic Center staff, who have handled these functions in the past, will continue to do so on behalf of the METTS Board. QV City Council Minutes July 11, 1996 Page 397 Staff requests approval of this amendment to the Agreement between METTS and the City of Lubbock, subject to the approval of the Civic Lubbock, Inc. Articles of Incorporation and By -Laws by the IRS and Secretary of State. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to authorize Resolution No. 5220 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (44.) Consider Ordinance No. 9920 amending Chapter 28 of the Code of Ordinances of the City of Lubbock regarding wastewater collection and treatment. ORDINANCE NO. 9920 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WASTEWATER COLLECTION AND TREATMENT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Terry Ellerbrook, Managing Director of Water Utilities, presented staff comments. Certain amendments to Lubbock's wastewater code are necessary for Lubbock's Industrial Waste Monitoring and Pretreatment program to be approved by the Environmental Protection Agency. An approved program is required in order for Lubbock to comply with its NPDES permit for wastewater discharge. The NPDES permit is required for the emergency stream discharge outfall pipeline which runs from the Southeast Water Reclamation Plant to a point downstream of Ransom Canyon. The proposed amendments pertain to those sections of the Code dealing with discharge regulations, permitting, and compliance. Overall, the changes provide for slightly less stringent requirements which are thus more favorable to industry and yet provide adequate protection for the wastewater treatment facilities. Specific pollutant limitations on a number of chemicals and compounds have generally been increased. The amendments also include certain provisions related to agreements for the discharge of industrial wastes of unusual strength or character. Also, provisions are established whereby the Director of Water Utilities may establish a reasonable compliance schedule for industries that are required to have a pretreatment program. Because certain changes to the existing wastewater ordinance are necessary for the City of Lubbock to comply with its NPDES permit, staff recommended approval of this item. Motion was made by Councilmember Hernandez, seconded by Mayor Pro Tern Cooke to pass on first reading Ordinance No. 9920 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (45.) Consider Ordinance No. 9921 amending Sections 18-4 and 18- 4.1, Chapter 18 of the Code of Ordinances of the City of Lubbock relating to loudspeakers and amplifiers. City Council Minutes July 11, 1996 Page 398 ORDINANCE NO. 9921 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 18-4 THEREOF GOVERNING LOUDSPEAKERS AND AMPLIFIERS IN GENERAL AND SECTION 18-4.1 GOVERNING MOBILE LOUDSPEAKERS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Betty Johnson, City Secretary, presented staff comments. Currently, sections 18-4 and 18-4.1 of the Code of Ordinances allow the city manager or the city manager's designated representative to grant loudspeaker, amplifier, and mobile loudspeaker permits to be used between the hours of 8:00 a.m. and 5:00 p.m. on Sunday through Thursday or 10:00 a.m. and 8:00 p.m. on Friday and Saturday when specific application requirements are met. The application process includes a petition containing verified signatures from nearby residents. Applications for hours after 5:00 p.m. on Sunday through Thursday or after 8:00 p.m. on Friday and Saturday must be approved be the City Council. The amendment to the Code of Ordinances gives authority to the city secretary to approve loudspeaker and amplifier permit applications for all hours. The application process remains the same, including a petition containing verified signatures from nearby residents. The staff recommended approval of this amendment to the Code of Ordinances. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9921 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (46.) Consider one appointment to METTS (Marketing, Entertainment, Tourism, Travel, Sports) Board of Directors. Mitzi Jordan, the hotel/motel industry representative of the METTS Board of Directors, has resigned from the Board. The appointment of Ms. Jordan's replacement will be to fill her unexpired term ending on October 1, 1997. Because METTS is a legal entity, appointments must be discussed and action taken in open session. Motion was made by Councilmember Sitton, seconded by Councilmember Neugebauer to appoint Danny Williams to the METTS (Marketing, Entertainment, Tourism, Travel, Sports) Board of Directors. Motion carried: 6 Yeas; 1 Nay-- Councilmember Ince. ( 8.) ORDINANCE NO. 9910--Zone Case #2773 (northwest corner of I Ith Place and North Loop 289 and west of Frankford)-- Request of Kimley-Horn & 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. 9 City Council Minutes July 11, 1996 Page 399 This item was continued until the Regular City Council Meeting on August 8, 1996. (49.) Consider Resolution No. 5221 appointing an Interim City Secretary. RESOLUTION NO. 5221 WHEREAS, the City Secretary of the City of Lubbock tendered her resignation to the City Council to be effective on July 11, 1996; and WHEREAS, the City Council accepted said resignation; and WHEREAS, the City Council desires to appoint Harold Willard as Acting City Secretary until a permanent replacement is appointed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Harold Willard is hereby appointed to the position of Acting City Secretary. SECTION 2. THAT Harold Willard shall serve as Acting City Secretary until the City Council appoints a new City Secretary for the City of Lubbock. SECTION 3. THAT Harold Willard is hereby authorized to discharge all of the duties and responsibilities of the office of City Secretary and to possess all of the authority vested in said office until the City Council of the City of Lubbock appoints a new Secretary. Passed by the City Council this 11th day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Anita Burgess, City Attorney, presented staff comments. This resolution is to appoint an Acting City Secretary and to set forth that this person is authorized to discharge all duties and responsibilities of that office and has the authority vested in that office during his or her tenure as Acting City Secretary. 399 City Council Minutes July 11, 1996 Page 400 Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Neugebauer to authorize Resolution No. 5221 appointing Harold Willard as Interim City Secretary. Motion carried: 7 Yeas; 0 Nays. (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 (Street/Drainage Engineering Department and Water Utilities). (48.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Secretary). (50.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Board of Electrical Examiners Board of Health Building Board of Appeals Canadian River Municipal Water Authority Citizens Traffic Commission Committee for Women Electric Utility Board Human Relations Commission Permit and License Appeals Board Public Transit Advisory Board Urban Design and Historic Preservation Commission E11 City Council Minutes July 11, 1996 Page 401 There being no further business to come before Council, motion was made by Councilmember Hernandez, seconded by Councilmember Neugebauer to adjourn the meeting at 8:09 p.m. Motion carried: 7 Yeas; 0 Nays. ATTEST: A" JA Bet . Johnson, City Secretary Read and approved this 1 Oth of March 1997. ATTEST: Betty . Johnson, City Secretary DAVID R. GSTON, MAYOR DAVID R. LA GSTON, MAYOR 401