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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/25/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING July 25, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 25th day of July 1996, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor Pro Tem Alex 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 Interim City Secretary Harold Willard. Absent: Mayor David R. Langston. Mayor Pro Tem Cooke called the meeting to order at 10:29 A.M. ( 1.) The Invocation was given by Marshall Harris, Pastor of New Zion Baptist Church. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Presentation of Certificate of Appreciation to LeRoy Montoya for his service as member of the Board of Directors of the Canadian River Municipal Water Authority. According to staff comments, for the past four years, Mr. Montoya has served as one of two Lubbock representatives on the Board of Directors of the Canadian River Municipal Water Authority. Mr. Montoya served the City of Lubbock with commendable dedication and enthusiasm, and worked very hard to pursue and promote the Conjunctive Use Groundwater Project. Mayor Pro Tem Cooke presented Mr. Montoya a Certificate of Appreciation. ( 4.) Keggan Luskey appeared on behalf of the 87th Place Neighborhood to request a loudspeaker permit for July 27, 1996, in conjunction with a block party. Keggan Luskey appeared to request a loudspeaker permit in conjunction with a block party at the 5700 Block of 87th Place. The request was for Saturday, July 27, from 5:00 p.m. to 10:00 p.m. Mr. Luskey attempted to petition all residents in the area and received no opposition. Staff recommended approval of the loudspeaker permit application. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve a loudspeaker permit as recommended by staff. Motion carried: 6 Yeas; 0 Nays. City Council Minutes July 25, 1996 Page 404 (5.) Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to approve the minutes of the July 11, 1996, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. (6.) 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 ANC 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 1400 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. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9915 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (7.) Ordinance No. 9916--Abandoning and closing a portion of a 20-foot public roadway in Section 17, Block E-2, Lubbock County, Texas (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. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9916 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (8.) ORDINANCE NO.9917--Zone Case No. 2776 (3413 Avenue R)--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. City Council Minutes July 25, 1996 Page 405 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. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9917 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 9.) ORDINANCE NO. 9918--Zone Case No. 2191B (east of Milwaukee Avenue and north of 19th Street) --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. 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. 2191-13; 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. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9918 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (10.) ORDINANCE NO. 9919--Amendment to the Sexually Oriented Business section of the Zoning Code of Ordinances. 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. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9919 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) ORDINANCE NO. 9920--Amending Chapter 28 of the Code of Ordinances of the City of Lubbock regarding wastewater collection and treatment. 405 City Council Minutes July 25, 1996 Page 406 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. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9920 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) ORDINANCE NO.9921--Amending Section 18-4 and 18.4.1, Chapter 18 of the Code of Ordinances of the City of Lubbock relating to loudspeakers and amplifiers. 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. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9921 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) Consider Resolution No. 5222 authorizing the Mayor to execute a street monitor well permit with Southwest Convenience Stores, Inc., for use of the City street parkway (34th Street & University Avenue). RESOLUTION NO.5222 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Southwest Convenience Stores, Inc., attached hereto, and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. U1761 City Council Minutes July 25, 1996 Page 407 Passed by the City Council this 25th day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim 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 Community Development Grant Application to the Department of Housing and Urban Development is filed with Resolution No. 5215. According to staff memo, this permit allows Southwest Convenience Store's representative, Environmental Engineering and Geotechnics, Inc., of Midland, to drill two groundwater monitor wells in the west parkway of University Avenue near the intersection of 34th Street and University Avenue. One well will be located north of 34th Street approximately 50 feet and the other south of 34th Street approximately 185 feet. These wells will give Environmental Engineering a means of checking possible water pollution which has occurred from previously leaking underground fuel tanks at the Seven -Eleven Store at the southwest corner of 34th Street and University Avenue. The Texas Natural Resource Conservation Commission has asked them to go off -site with these monitor wells. All utilities are in agreement and the City will receive $200 per year for these two well locations. This permit is for twenty years, payable every five years in advance. Staff recommended the approval of this resolution. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution No. 5222 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (14.) Consider Resolution No. 5223 accepting paving improvements constructed by Midwest Concrete, Inc., in Maranantha Church of God Addition, Tract A. 407 City Council Minutes July 25, 1996 Page 408 RESOLUTION NO. 5223 A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract A, Maranantha Church of God Addition, made arrangements with Midwest Concrete, Inc. for the construction of paving improvements in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following street: The East half of Avenue U from the South lip line of 74th Street to the South property line of Tract A, Maranantha Church of God Addition, known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2037. WHEREAS, the construction of the above paving improvements was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the said improvements BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the developer of acceptance by the Lubbock City Council. SECTION 2. THAT the City Engineer be authorized to direct payment to the Contractor in the amount of $3,220.31 for the City's portion of the construction costs on the East half of Avenue U. SECTION 3. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 25th day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 408 City Council Minutes July 25, 1996 Page 409 According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on the east half of Avenue U from 74th Street to the south property line of Tract A, Maranantha Church of God Addition. A portion of Avenue U between 74th Street and this plat required reconstruction to resolve an existing curb and gutter grade problem. The City is responsible for this portion of the curb and gutter and paving costs. Upon acceptance of this street, the City cost will be due the contractor in the amount of $3,220.31. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution No. 5223 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (15.) Consider Ordinance No. 9922 changing the street name of 6th Street, from Boston Avenue to U.S. 82, to "Drive of Champions". ORDINANCE NO. 9922 AN ORDINANCE CREATING AN EXCEPTION TO SECTION 24-26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY CHANGING THE NAME OF 6TH STREET FROM BOSTON AVENUE TO U.S. 82 TO "DRIVE OF CHAMPIONS", DIRECTING THE CITY ENGINEER TO REVISE THE OFFICIAL MAP OF THE CITY AND THE MAP FOR STREET NAMING TO REFLECT SUCH CHANGE; REQUIRING THE CITY ENGINEER TO NOTIFY ALL GOVERNMENTAL AGENCIES OF SAID NAME CHANGE; REQUIRING THE BUILDING OFFICIAL TO NOTIFY TO ALL BUSINESSES AND RESIDENCES HAVING A MAILING ADDRESS UPON SAID STREET OF THE NAME CHANGE; AUTHORIZING THE CITY TRAFFIC ENGINEER TO INSTALL THE APPROPRIATE STREET SIGNS ALONG SAID "DRIVE OF CHAMPIONS". According to staff memo, this item was discussed in work session with the City Council at the July 11, 1996 City Council meeting. The request was made by the Committee for Champions. Although dedicated as a public street, this street is a part of the Texas Tech campus. Only one address, for the Municipal Auditorium/Coliseum, will be affected. This will have minimal impact. The proponents have secured the funding to pay the costs for the new street name markers. Staff recommended approval of this ordinance. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9922 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 409 City Council Minutes July 25, 1996 Page 410 (16.) Consider Resolution No. 5224 authorizing acceptance of water and sanitary sewer improvements for Lots 1 through 40, Frenship Hollow Addition, located 1/2 mile west of West Loop 289 and 34th Street. RESOLUTION NO. 5224 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 40, FRENSHIP HOLLOW ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 40, Frenship Hollow 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 $50,836.66, with the improvements constructed by Utility Contractors of America having a value of $33,714.68, as determined by the unit prices established by said Chapter 28, and $17,121.98 cash paid to the City, which amount includes $16,504.35 cash for adjacent lines, with Ron Betenbough, 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. 410 City Council Minutes July 25, 1996 Page 411 Passed by the City Council this 25th day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim 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 $50,836.66, including value of construction costs of $33,714.68 and $17,121.98 cash paid to the City of Lubbock. The developer, will not receive a refund. This development is located 1/2 mile west of West Loop 289 and 34th Street. Staff recommended approval of this resolution. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution No. 5224 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Resolution No. 5225 authorizing acceptance of water and sanitary sewer improvements for Lots 951 through 985, Lakeridge Country Club Addition, located north of the northeast corner of 98th Street and Slide Road. RESOLUTION NO.5225 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 951 THROUGH 985, LAKERIDGE COUNTRY CLUB ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 951 through 985, Lakeridge Country Club 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 411 City Council Minutes July 25, 1996 Page 412 WHEREAS, the total utility cost to the developer is $44,876.97, with the improvements constructed by Utility Contractors of America having a value of $31,408.84, as determined by the unit prices established by said Chapter 28, and $13,468.13 cash paid to the City, which amount includes $12,875.97 cash for adjacent lines, with Larry Teaver, 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. Passed by the City Council this 25th day of July 1996 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim 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 $44,876.97, including value of construction costs of $31,408.84 and $13,468.13 cash paid to the City of Lubbock. The developer will not receive a refund. 412 City Council Minutes July 25, 1996 Page 413 This development is located north of the northeast corner of 98th Street and Slide Road. Staff recommended approval of this resolution. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution No. 5225 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (18.) Consider Resolution No. 5226 authorizing the Mayor to execute a contract for the amount of $40,000 with CONTACT Lubbock, Inc., to operate a twenty-four hour per day, seven- day per week Information and Referral Hotline. RESOLUTION NO. 5226 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 CONTACT Lubbock, granting $40,000.00 of Community Services Block Grant funds to run a 24 hour per day, 7 day per week Information and Referral Service. Said Agreement 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 25th day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, the City of Lubbock has been the local recipient of the Community Services Block Grant (CSBG) for the past 17 years. To date the City of Lubbock has been notified that the 1996 funding level is at $175,102 or 75 percent of last year's funding ($233,469). 413 City Council Minutes July 25, 1996 Page 414 The City of Lubbock, through an RFP process, searched for local non-profit agencies who would be interested in assuming the responsibility of operating the City's Information and Referral Hotline. In response to the RFP, two proposals were submitted. After extensive review and evaluation by City Staff and a Subcommittee of the Community Services Commission, CONTACT Lubbock was selected to be the service provider for the I & R Hotline. CONTACT Lubbock has a 25 year history of operation in Lubbock, Texas, as a Crisis Intervention Hotline. An integral part of their on -going activities is information and referral. Volunteers receive 50 hours of active listening training. As part of that training they receive information on how to make referrals. As part of the contract, CONTACT Lubbock has agreed to continue to produce the Human Services Directory on an annual basis, making it available to a variety of organizations and agencies across the South Plains. The City of Lubbock CDNI staff will assist them during the transition period and in the production of next year's "Red Book". The CDNI staff will monitor this contract on an on -going basis for both fiscal and programmatic compliance. The proposed contract is a six-month contract which shall not exceed $40,000 and which will terminate on December 31, 1996, as it is funded by grant dollars. If CONTACT Lubbock is unable to spend the entire $40,000 during the six-month period the money will roll over into the 1997 grant year and can be used by the City during 1997. The contract does contain a provision, however, that allows the $40,000 award to be extended to a second and third year, providing CSBG funding continues and providing CONTACT Lubbock continues to meet its contractual obligations. The proposed contract will provide continuous access to an I & R Hotline for the citizens of Lubbock. Staff recommended approval of this resolution. Motion was made by Councilmember Ince , seconded by Councilmember Hernandez to authorize Resolution No. 5226 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution No. 5227 authorizing the Mayor to execute a contract for the amount of $112,102 with Catholic Family Services, Inc., to operate a self-sufficiency pilot program. 414 City Council Minutes July 25, 1996 Page 415 RESOLUTION NO. 5227 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 Catholic Family Services, granting $112,102.00 of Community Services Block Grant funds to provide Self - Sufficiency services to low-income single parents in Lubbock. Said Agreement 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 25th day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, the City of Lubbock has been the local recipient of the Community Services Block Grant (CSBG) for the past 17 years. To date the City of Lubbock has been notified that the 1996 funding level is at $175,102 or 75 percent of last year's funding ($233,469). The City of Lubbock, through an RFP process, searched for local non-profit agencies who would be interested in developing and operating a pilot program whose goal is financial self-sufficiency for low-income clients. This program would use Community Services Block Grant (CSBG) monies to assist single parents in job training in order that they might be able to find a job that supports their family in a manner that allows the family to remove themselves from all financial assistance programs. CSBG monies are eligible to be used for a wide variety of activities which will allow the contractor's case manager the flexibility to meet the emergency financial needs of a family which often result in an individual being forced to drop out of job training. In response to the RFP, two proposals were submitted. After extensive review and evaluation by City Staff and a Subcommittee of the Community Services Commission, Catholic Family 415 City Council Minutes July 25, 1996 Page 416 Services, Inc., (CFS) was selected to be the service provider for this pilot project. CFS has a long history of operation in Lubbock, Texas, as a service provider to low-income individuals and families. Currently they are operating a "Women's Empowerment Program" which assists single mothers to attain certification or licensure in a health - related field. Of the 127 women who have entered the program since 1992, 103 have either completed their studies or are currently enrolled. The program includes a "pay -back" system which evergreens the original job training funds, making it possible for CFS to assist more women. The proposed contract is a six-month contract which shall not exceed $112,102 and which will terminate on December 31, 1996, as it is funded by grant dollars. If CFS is unable to spend the entire $112,102 during the six month period the money will roll over into the 1997 grant year and can be used by the City for services during 1997. The contract does contain a provision, however, that allows the $112,102 award to be extended to a second and third year, providing CSBG funding continues and providing CFS continues to meet its contractual obligations. The proposed contract will provide a new opportunity in Lubbock to assist families in lifting themselves out of poverty. Staff recommended approval of this resolution. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution No. 5227 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (20.) Bid 413549A--Auditorium Roofing Project, and authorize same (Civic Center). RESOLUTION NO. 5229 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 between the City of Lubbock and Port Enterprises, Inc. of Manchaca, Texas, to furnish and install all materials and services as bid for the Auditorium Roofing Project, 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. 416 City Council Minutes July 25, 1996 Page 417 Passed by the City Council this 25th day of July 1996. ATTEST: /s/ Harold Willard Harold Willard, Interim 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 § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 25th 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 PORT ENTERPRISES, INC. of the City of Manchaca, County of Travis, 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 # 13549 - AUDITORIUM ROOFING PROJECT - $174,350.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete 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. 417 City Council Minutes July 25, 1996 Page 418 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/ Gary Smith, AIA Owner's Representative APPROVED AS TO FORM: /s/ Donald G. Vandiver City Attorney ATTEST: Corporate Secretary /s/ Mary Kay Barnett (21.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston MAYOR CONTRACTOR: PORT ENTERPRISES, INC. By: Rocky Barnett PRINTED NAME: Rockv Barnett TITLE: President COMPLETE ADDRESS: Port Enterprises, Inc. P. O. Box 1299 Manchaca, Texas 78652-1299 Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution No. 5229 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Bid #13549B--Coliseum Roofing Project, and authorize same (Civic Center). This item was removed from the Consent Agenda. City Manager Bob Cass and Purchasing Director Victor Kilman presented staff comments. The City received six bids for the roof replacement on the Municipal Coliseum. The low bid is $1,023,932 from Leaway Roofing of Dallas, Texas. The bid amount includes a deduct for 32 of the ribs and Alternate #2, which is the replacement of the Metal Wall Panel on the penthouse. Bidders were asked to submit a deduct amount per rib, should not all of the ribs be replaced. Staff is recommending that only eight ribs be replaced. There is a total of 40 ribs. The structure requires that eight ribs be retained, however 32 of them can be eliminated, which reduces the cost of the project. All references were favorable and this firm is authorized by the manufacturer to apply the specified roofing system. When specifications were developed for the Coliseum roof, staff asked the architects to include specifications to apply composition shingles to be bid as an alternate. The bid for these alternates ranged from $975,000 to $1,455,000. Staff felt that the difference in cost was minimal and that the roofing system recommended will have a longer life expectancy. According to information provided 418 City Council Minutes July 25, 1996 Page 419 by the architect, the manufacturer of the recommended Siplast roofing system offers a 20 year no dollar limit warranty. While the shingle manufacturer's offer a 30 year warranty, the warranty only covers the cost of the shingles and that is pro -rated in the same manner as automobile tires. In addition, the shingle manufacturer's will not warrant their materials for blow -off when wind speeds exceed 45 miles per hour. Staff feels that the recommended Siplast roofing system is the best system for the funds expended. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to reject all bids. Motion carried: 6 Yeas; 0 Nays. (22.) Bid #13561--Elevator/Escalator Maintenance Service, and authorize same (Building Services). RESOLUTION NO. 5231 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 between the City of Lubbock and Schindler Elevator Corporation of Dallas, Texas, to furnish and install all materials and services as bid for the Elevator/Escalator Maintenance Service, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of July 1996. ATTEST: /s/ Harold Willard Harold Willard, Interim 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 1616 � ' : GA STATE OF TEXAS /s/ David R. Langston DAVID R. LANGSTON, MAYOR 419 City Council Minutes July 25, 1996 Page 420 COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 25th 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 SCHINDLER ELEVATOR CORPORATION of the City of Dallas, County of Dallas, 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 # 13561 - ELEVAOTR/ESCALATOR MAINTENANCE SERVICE - $262,363.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete 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/ illegible Owner's Representative APPROVED AS TO FORM: /s/ Donald G. Vandiver City Attorney ATTEST: Corporate Secretary /s/ Mary Kay Barnett CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston MAYOR CONTRACTOR: PORT ENTERPRISES, INC. By: Kenneth C. Segel PRINTED NAME: Kenneth C. Segel TITLE: Vice President -West Central Region COMPLETE ADDRESS: Schindler Elevator Corporation 8650 King George Drive Dallas, Texas 75235 420 City Council Minutes July 25, 1996 Page 421 This item was removed from the Consent Agenda. City Manager Bob Cass and Purchasing Director Victor Kilman presented staff comments. This bid is for a five-year maintenance service contract for the City's elevators and escalators located at the Civic Center, Lubbock International Airport (LIA), Mahon Library, Municipal Square, Municipal Building, Water Treatment Plant and LP&L. The contract will include State required inspections and testing as well as a required five year load test. Alternates include the installation of electronic sensing devices and new doors on several of the elevators and several upgrades to several of the elevators required by the Texas Department of Licensing and Regulations. The Elevator/Escalator Maintenance Service - Buildings Municipal budget amount for FY95-96 is $55,000. The City received a bid in the amount of $261,290 ($37,436 for first contract year) from Montgomery/KONE, Inc. of Dallas, Texas and a bid in the amount of $262,363 ($38,400 for first contract year) from Schindler Elevator Corporation of Dallas, Texas. The Building Services Department contacted five references of each bidder. Schindler Elevator Corporation received all favorable references. Montgomery/KONE received four favorable references and one unfavorable reference. Montgomery/KONE also received references from the City's buildings that are currently under contract with them. These are LIA, Civic Center, Mahon Library, Municipal Building and the Municipal Square. From these five facilities, only one gave a favorable reference. The other four facilities provided unfavorable references for services rendered by Montgomery/KONE during the past five years. Staff recommended that City Council reject the low bid from Montgomery KONE, Inc. and award the contract to Schindler Elevator Corporation of Dallas, Texas. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution No. 5231 as recommended by staff and to award to Schindler Elevator Corporation instead of the low bidder. Motion carried: 5 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (23.) Bid #13590-400 Watt Luminaries (Central Warehouse). Motion was made by Councilmember Ince , seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24.) Bid #13596--Serial Storage Architecture Subsystem Computer Hardware (Information Services). Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 421 City Council Minutes July 25, 1996 Page 422 (25.) Bid #13610--Groves Branch Library Landscape Improvements, and authorize same (Park Development). RESOLUTION NO. 5228 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 between the City of Lubbock and David Wood Construction, Inc. of Lubbock, Texas, to furnish and install all materials and services as bid for the Groves Branch Library Landscape Improvements, 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 25th day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim 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 Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution No. 5228 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) Bid #13611--Aluminum Core Steel Reinforced Wire (Central Warehouse). Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (27.) Bid #13621--Police Vehicles (Fleet Services). Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 422 City Council Minutes July 25, 1996 Page 423 (28.) Bid #13624--15 KV Insulated Cable (Central Warehouse). Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (29.) Bid #13642--105-Foot Aerial Platform Fire Truck (Fire Department). Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) ZONE CASE NO. 2460-M (east of Quaker Avenue and north of 78th Street) --Hold a public hearing to consider request of David Fleming (for Executive Golf, LTD) for a zoning change from C-2 and C-3 to C-3 Specific Use (golf course with related sales and service) on a tract out of Section 11, Block E-2, and to consider ordinance. ORDINANCE NO. 9923 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2460-M; A ZONING CHANGE FROM C-2 AND C-3 TO C-3 SPECIFIC USE ZONING FOR A GOLF COURSE ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 10:49 a.m. David Fleming appeared on behalf of Executive Golf, LTD to present this request for zone change from C-2 and C-3 to C-3 Specific Use. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 10:52 a.m. Bill Boon, Planner II, presented staff comments. The request is for a Specific Use Permit to develop a 3-par nine hole golf course. The existing zoning is a mixture of C-3 and C-2 left over from when a regional mall was targeted for this whole area. Mr. Boon gave the adjacent land use relationships as follows: North - single family South - commercial East - single family West - commercial The proposal, as Specific Use, should very carefully meet the test of compatibility outlined by the Comprehensive Land Use Plan since a majority of the original mall zone case area has been converted back to residential. The project parking exits to a street that connects to both Quaker and 82nd Street. The proposal should have little or no effect on traffic. 423 City Council Minutes July 25, 1996 Page 424 The Planning Commission recommended the request subject to a series of conditions agreed between the proponent and neighborhood: The use of irons only (no wood or metal drivers) shall be noted on score cards, on signs at the pro shop and adjacent to the first tee box. The course shall not be lighted for after dark play. Security lighting shall be permitted. No regular or special golfing events shall occur after sunset. Sound/noise abatement procedures shall include: Low sound level speakers oriented to the south for communication to waiting golfers. Information signs at each tee box reminding golfers of adjacent residential development. Tied to site plan 2460-M for tee/green locations, building sites and parking (64 spaces) as presented to the Planning and Zoning Commission. Should golf balls strike adjacent residences or businesses, the operator shall provide adequate screening to protect those buildings. Any complaint shall be verified by Environmental Inspection Services, and the operator notified in writing to install appropriate screens. No alcoholic beverages shall be allowed on the golf course or in the pro shop. Any future restaurant may be eligible for an alcoholic beverage permit for only that facility. Staff recommended that this ordinance be approved. Councilmember Patterson presided over the motion. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9923 with conditions as recommended by P & Z and City staff. Motion carried: 4 Yeas; 0 Nays--Councilmember Ince recused and excused himself from any discussion and voting on this item and left the City Council Chambers. Mayor Pro Tern Cooke was absent from the City Council Chambers. (31.) ZONE CASE NO. 1217-A (south of Erskine and east of Martin Luther King, Jr. Blvd.) --Hold a public hearing to consider request of America's Preferred Homes for a zoning change from C-3 and R-1 to A-1, from R-3 to R-1, and from A-1 to R-1 on three tracts out of Section 2, Block A, and to consider ordinance. 424 City Council Minutes July 25, 1996 Page 425 ORDINANCE NO.9924 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1217-A; A ZONING CHANGE FROM C-3 AND R-1 TO A-1, FROM R-3 TO R-1, AND FROM A-1 TO R-1 ZONING ON THREE TRACTS OUT OF SECTION 2, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 11:00 a.m. Bernie Gradel appeared on behalf of America's Preferred Homes to present this request for zone change from C-3 and R-1 to A-1, from R-3 to R-1, and from A-1 to R-1. No one appeared in opposition. Mayor Pro Tem Cooke closed the hearing at 11:02 a.m. Bill Boon, Planner II, presented staff comments. The property is currently zoned a combination of C-3, A-1, R-3 and R-1. Mr. Boon gave the adjacent land use relationships as follows: North - vacant South - A. vacant/A-1 portion B. residential south of the R-1 portion East - vacant West - vacant and a church on MLK The proposal, as a downzone, brings the zoning closer to the Comprehensive Land Use Plan which notes the entire area as single family. The existing zoning is not synchronized with the Plan, the existing zoning having been adopted pre-1975 when the first Plan was developed. The proponent is requesting that A-1 portion be limited to single family units up to quadraplex units. This condition will help limit the density for the overall area and accomplish the objectives of America's Preferred Homes. The proposal should not impact above expectations on traffic in the area. The Planning Commission recommended the request subject to one condition: The A-1 uses shall be limited to quadraplex, triplex, duplex or single-family units. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9924 with condition as recommended by P & Z and City staff. Motion carried: 6 Yeas; 0 Nays. 425 City Council Minutes July 25, 1996 Page 426 (32.) ZONE CASE NO.2777 (north of Erskine and east of Loop 289)--Hold a public hearing to consider request of Ray L. McKim III (for WWC Holding Company) for a zoning change from M-1 to M-1 Specific Use (radio transmission facility) on a tract out of Section 6, Block A, and to consider ordinance. ORDINANCE NO.9925 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2777; A ZONING CHANGE FROM M-1 TO M-1 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A TRACT OUT OF SECTION 6, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Cooke opened the public hearing at 11:04 a.m. Ray McKim appeared on behalf of WWC Holding Company to present this request for zone change from M-1 to M-1 Specific Use. No one appeared in opposition. Mayor Pro Tem Cooke closed the hearing at 11:06 a.m. Bill Boon, Planner II, and Jim Bertram, Managing Director of Strategic Planning, presented staff comments. As described by Mr. McKim, the Cellular One group is converting to the smaller service area per antennae in the manner that SW Bell Mobile recently finished. Jim Bertram chaired a task force to investigate methods of reducing the total number of towers as this technology increases. Methods include dual use on new towers, multiple uses of existing towers and perhaps even water towers and power transmission towers. No recommendations are available to date. Mr. Boon gave the adjacent land use relationships as follows: North - vacant South - vacant West - Loop 289 East - a single home The area east of Guava is residential on the Comprehensive Land Use Plan, while the small parcel where the tower and adjacent home will exist is currently zoned M-1. With the exception of an existing farm home, the area is vacant. The proposed use will have no effect on traffic. The Planning Commission recommended approval of the request. Staff recommended approval of this ordinance. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9925 as recommended by P & Z and City staff. Motion carried: 4 Yeas; 0 Nays--Councilmember Patterson and Councilmember Neugebauer were both absent from the City Council Chambers. 426 City Council Minutes July 25, 1996 Page 427 (33.) Hold a public hearing for Energas Rate request. Mayor Pro Tern Cooke stated that the City Council would convene as a regulatory body. On May 31, 1996, Energas submitted a request for a 7.6 percent rate increase effective July 5, 1996. A public hearing was initially scheduled for July 25, 1996 to hear public comments and staff recommendations as well as recommendations from Diversified Utilities of Austin, a firm contracted with by the cities impacted by the rate increase. Staff requested that the Council continue the public hearing until September 12, 1996, as the report from Diversified Utilities will not be complete until August 15. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to continue the public hearing until September 12, 1996. Motion carried: 4 Yeas; 0 Nays-- Councilmember Patterson and Councilmember Neugebauer were both absent from the City Council Chambers. Mayor Pro Tern Cooke then announced that they would reconvene as a City Council. (34.) 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 Street to 107th Street). Mayor Pro Tern Cooke opened the public hearing at 11:19 a.m. Pat Henderson spoke in favor of the annexation. Doug Mantooth, Cecil Puryear, Cecil Murphy, Scott MacKenzie, John Armor, and David Messick spoke in opposition. Councilmember Hernandez requested a five-minute recess at 11:51 a.m. and the hearing reconvened at 12:00 Noon. Mayor Pro Tern closed the hearing at 12:07 p.m. Jim Bertram, Managing Director of Strategic Planning, presented staff comments. The hearing for July 25 is the second required hearing. The ordinance first reading is scheduled for a special called meeting August 15. While no action item is posted following the hearing, the staff would request a consensus of what areas may and may not be included to create an ordinance. Areas 1, 2 and 5 have requested annexation (Dr. Cone in Area 1 by phone). The owners of Areas 3 and 4 voiced opposition and Mr. Craft indicated Area 6 would not care to be included. The Planning Department continues to recommend annexation of the entire 720 acres. This is based on three lines of thought: If the "sawtooth" approach is used, one side of Slide Road and one side of Frankford Avenue will be outside the city. If the standard 660-foot past the section line policy were used, most of the subdivision lot owners in West Lake Estates would be included. Using the center lines of thoroughfares as a boundary creates both the one side in/one side out problems for 427 City Council Minutes July 25, 1996 Page 428 environment, the Police and Fire Departments for whether or not an emergency is in or out, and a street maintenance issue between the City and County. The policy for "no pockets" is intended to prevent areas prone to immediate development that will probably be annexed in the near future. No concern exists for the 40 lots being built as substandard, but the developer has plans for another 40 acre lot phase that will bring at least 80 unhappy residents to a future annexation hearing. At present, approximately 8-10 homes are constructed or under construction. Another seldom voiced issue for those subdivisions that abut the city limit is the fact that those residents enjoy the benefits of the City without the ad valorem responsibility. They do pay sales tax, as do the rest of the city residents. In most cases, strip paving will not be built to City construction standards and the lack of curb and gutter will cause pavement edges to deteriorate faster. Once annexed, these maintenance costs for substandard pavement become perpetual public costs. Adding water and sewer to existing subdivisions after the fact is a painful process. Explaining that pro-rata is due to homeowners, and getting vacant lot owners to participate creates a lot of problems. Motion by Councilmember Ince, seconded by Councilmember Sitton to consider Parcels 1, 2 and 5 for annexation only. Motion carried: 4 Yeas; 0 Nays--Councilmember Patterson and Councilmember Neugebauer were both absent from the City Council Chambers. (35.) Consider Resolution No. 5230 authorizing the Mayor to execute a deferment of payment agreement with the Lubbock Housing Authority to allow the deferment of the payments in lieu of taxes owed to the City of Lubbock for City services rendered, totaling $119,000. These payments of said funds will be paid over a period of five years. RESOLUTION NO.5230 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 Deferment of Payment Agreement, and all related documents, between the City of Lubbock and Lubbock Housing Authority, to allow the deferment of the payments in lieu of taxes owed to the City of Lubbock for City services rendered, totaling $68,000.00 and allow the payment of said funds over a period of 3 years. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 428 City Council Minutes July 25, 1996 Page 429 Passed by the City Council this 25th day of July 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary a,", 1119Ii1010 ZK�1► ►� /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney Anna Mosqueda, Director of Management Services, and Quincy White, Interim Director of the Lubbock Housing Authority, presented staff comments. The Lubbock Housing Authority currently has a contract with the City of Lubbock that requires them to pay an annual payment in lieu of taxes at the end of each fiscal year. The annual amount is equal to either 10 percent of the aggregate shelter rent charged by the local Authority or the amount permitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is lower. The Lubbock Housing Authority currently owes the City of Lubbock a payment which was to be paid no later than June 1996, and they have informed us that they will be unable to make the next approximately $34,000 payment which will be due no later than June 1997. The agreement between the Housing Authority and the City of Lubbock will enable the Housing Authority to pay the total amounts deferred ($68,000) over the next three years, with the first payment made in October 1997. In addition to the payment in October 1997, this agreement requires the Housing Authority to remit total in lieu of taxes payment of $51,000 for the 1996-97 fiscal year in October 1997. Due to recent issues raised by HUD about the Lubbock Housing Authority, LHA has made several changes in the course of the past several weeks. This agreement is one of many changes that will assist in stabilizing the Housing Authority's financial situation. With this in mind, staff recommended this agreement to defer payments owed to the City of Lubbock by the Housing Authority. Motion was made by Councilmember Neugebauer, seconded by Councilmember Sitton to authorize Resolution No. 5230 as mil City Council Minutes July 25, 1996 Page 430 amended. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (36.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Planning Department, Transportation Services and Water Utilities). (37.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase, exchange, lease, or value of real property (Right -of -Way). (38.) 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 430 City Council Minutes July 25, 1996 Page 431 There being no further business to come before Council, and without objection the meeting was adjourned at 3:05 p.m. ATTEST: Harold Willard, Interim City Secretary Read and approved this 1 Oth of March 1997. ATTEST: Harold Willard, Interim City Sec etary DAVID R. L GSTON, MAYOR DAVID R. WANGSTON, MAYOR 431