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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/22/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 22, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 22nd day of August 1996, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tem 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. Mayor Langston called the meeting to order at 10:28 A.M. ( 1.) The Invocation was given by Mel Swoyer, Pastor of Shepherd King Lutheran Church. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments ( 4.) Consider a resolution recognizing Dirk West, former Mayor, for his contributions to the Lubbock community. This item was deleted from the agenda. (4A.) A representative of the Lubbock Arts Alliance appeared to present the Grants Review Committee recommendations for the first granting cycle of 1996. According to staff memo, at the July 11, 1996 Council meeting, a representative from the Grants Review Committee appeared to present recommendations for program funding for the first granting period of 1996. After lengthy discussion, Council asked the Review Committee to re-evaluate the request for funding submitted by the National Cowboy Symposium. Kay Brown from the Grants Review Committee appeared to request funds in the amount of $2,600 for the Symposium. Staff supported the recommendation. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the Grants Review Committee recommendation. Motion carried: 7 Yeas; 0 Nays. (4B.) Mayor Langston proclaimed the change of Avenue H from Municipal Drive to 24th Street to "Buddy Holly Avenue" for the month of September in honor of Buddy Holly's 60th Birthday Celebration. Council Minutes August 22, 1996 Page 464 According to staff memo, at the July 25, 1996, City Council Work Session, Joe McKay, Chairman of the Chamber of Commerce, requested that Avenue H be temporarily and eventually permanently renamed as "Buddy Holly Avenue." The initial request to temporarily rename Avenue H to "Buddy Holly Avenue" was made in connection with the 60th Birthday Celebration. This proclamation allows the City of Lubbock to make this name change on a temporary basis for the month of September. Mayor Langston presented the proclamation to Dale Gannaway, Lubbock Chamber of Commerce, Chris Wallace and Phyllis Jones, both from Broadway Festivals, and thanked them for their efforts. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the minutes of the August 8, 1996, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 6.) Ordinance No. 9926--Abandoning and closing a guy wire easement located in Section 29, Block A-K, Lubbock County (7306 Frankford Avenue). ORDINANCE NO.9926 AN ORDINANCE ABANDONING AND CLOSING A GUY WIRE EASEMENT LOCATED IN SECTION 29, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance No. 9926 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) Ordinance No. 9928--Altering the prima facie speed limit for school zones in the City of Lubbock. Add school zones on: Elgin Avenue at 41st-42nd Streets, Avenue U at 7th Street, and 43rd Street east of Milwaukee. Lower existing speed limits to 20 mph for school zones on: Avenue A at 38th Street, Broadway at Teak/Vanda Avenue, Indiana Avenue at Erskine Street, MLK Blvd. at 14th Street, MLK Blvd. at 28th-31st Streets, MLK Blvd. at E. Cornell Street, Avenue P at 1st Street, Quaker Avenue at 31st Street, N. University Avenue at Baylor, 4th Street at Spur 309, 34th Street at Avenue N, 34th Street at Avenue X, 34th Street at Utica Avenue, 50th Street at Avenue P, and 82nd Street at Albany. Lower existing speed limits to 25 mph for school zone on Parkway Drive at Elder Avenue. M• Council Minutes August 22, 1996 Page 465 ORDINANCE NO. 9928 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT FOR THE SCHOOL ZONES IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AUTHORIZING PLACEMENT OF SCHOOL SPEED LIMIT SIGNS BEACONS AND OTHER SIGNS AND MARKERS IN ACCORDANCE WITH CITY POLICIES; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT SUCH CONFLICT EXISTS; PROVIDING THAT ALL HIGHWAYS OR STREETS NOT SPECIFICALLY MENTIONED HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT THE SCHOOL SPEED LIMIT ZONES HEREBY ESTABLISHED SHALL BE CUMULATIVE EXCEPT WITH THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance No. 9928 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (8.) Ordinance No. 9932--Amending Chapter 28, Section 28-86(b) of the Code of Ordinances of the City of Lubbock with regard the cap on sewer flow charges. ORDINANCE NO. 9932 AN ORDINANCE AMENDING SUBSECTION 28-86(b) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO REMOVING THE CAP ON RESIDENTIAL SEWER FLOW CHARGES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance No. 9932 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) ORDINANCE NO. 9933--Annexing land south of 98th Street between Quaker Avenue and Milwaukee Avenue. ORDINANCE NO. 9933 AN ORDINANCE ANNEXING AREAS OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREAS ARE DESCRIBED HEREIN AND ARE ADJACENT TO AND ABUT THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THESE ANNEXED AREAS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance No. 9933 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 465 Council Minutes August 22, 1996 Page 466 (10.) Consider Resolution No. 5239 authorizing the Mayor to execute a quit claim deed in favor of Ignacio S. Rendon (1601 71st Street). RESOLUTION NO. 5239 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 Quitclaim Deed in favor of Ignacio S. Rendon, 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 22nd day of August 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 According to staff memo, at the August 8, 1996, City Council meeting, the Council approved Bid 413598, which was for the sale of various city properties. Ignacio S. Rendon was the successful bidder on 1601 71 st Street (Lot 362, Tarrytown Addition). His bid was in the amount of $5,000. Staff recommended the sale of this property. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5239 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Resolution No. 5240 authorizing the Mayor to execute a quit claim deed in favor of Ronnie Zahn Paving, Inc. (4502 E. 65th Street). i.. Council Minutes August 22, 1996 Page 467 RESOLUTION NO. 5240 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 Quitclaim Deed in favor of Ronnie Zahn Paving, Inc., attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of August 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 According to staff memo, the City Council, at the August 8, 1996, City Council meeting, the Council approved the sale of various city properties through Bid #13598. Ronnie Zahn Paving, Inc., was the successful bidder on 21 acres of land located in Sections 10 and 11, Block S, which is located at the southwest corner of the City's Land Application Farm, east of the Yellowhouse Canyon Addition. His bid was in the amount of $21,525. Staff recommended the sale of this property. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5240 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution No. 5241 authorizing the Mayor to execute a quit claim deed in favor of William J. Watson (3401 E. 3rd Street). 467 Council Minutes August 22, 1996 Page 468 RESOLUTION NO.5241 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 Quitclaim Deed in favor of Bennie McMillan and Bernice E. McMillan, 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 22nd day of August 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell,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 According to staff memo, at the August 8, 1996, City Council meeting, the Council approved Bid #13598, which was for the sale of various city properties. William J. Watson was the successful bidder on 3401 E. 3rd Street (Lot 18 of the replat of the Ken Bozeman Subdivision). His bid was in the amount of $200. Staff recommended the sale of this property. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5241 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution No. 5242 authorizing the Mayor to execute the necessary SFY 1997 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL). i.: Council Minutes August 22, 1996 Page 469 RESOLUTION NO. 5242 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 the necessary SFY 1997 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL), for and on behalf of the City of Lubbock. Said Grant Application 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 22nd day of August 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney The SFY 1997 contract with the Texas State Library and Archives Commission to support the West Texas Library System and Interlibrary Loan Grant Program is filed with Resolution 5242. According to staff memo, the West Texas Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of the ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library. The WTLS service program is comprised of various elements designed to improve and expand the service programs of the libraries which are members of the system. Also, the system encourages the establishment of public libraries in communities which do not have library services. At the end of the current state fiscal year (SFY96), 34 libraries were qualified for membership. This number will decrease to 33 libraries during SFY97. The Lubbock City -County Library was designated as the Major Resource Center or headquarters for the WTLS program as of September 1, 1974. As the Major Resource Center, the Lubbock City -County Library also serves as the headquarters for the ILL grant program. 469 Council Minutes August 22, 1996 Page 470 The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. These two programs are fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library contracts with the City of Lubbock and Lubbock City -County Library for housing of staff and implementation of the service program components. The City of Lubbock will receive compensation of 9.03 percent of direct charges to reimburse the cost of fiscal administration of the grant. For administrative purposes, the Texas State Library divides the system grant into two contracts. The total of the two is $420,466. one is for $253,838, and the other is for $166,628. The ILL grant is for $59,691. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5242 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution No. 5243 authorizing the Mayor to execute the necessary SFY 1996 contract amendment documents with the Texas State Library and Archives Commission to support the West Texas Library System (WTLS) and the Interlibrary Loan Grant Program (ILL). RESOLUTION NO.5243 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 the necessary SFY 1996 contract amendments with the Texas State Library and Archives Commission to support the West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL), for and on behalf of the City of Lubbock. Said Contract Amendments are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 470 Council Minutes August 22, 1996 Page 471 Passed by the Citv Council this 22nd day of August 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, the West Texas Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of the ten established under the Library System Act, 1969, and the program is administered by the Texas State Library. The WTLS service program is comprised of various elements designed to improve and expand the service programs of the libraries which are members of the System. The Lubbock City -County Library also serves as the headquarters for the Interlibrary Loan grant program from the Texas State Library. The ILL program locates and requests materials for all public libraries, community college libraries, and special libraries in the area served by WTLS. The WTLS amendment to Contract #545.9 does not change the amount of the contract, but it allows WTLS to expend the funds in a different way than originally proposed. The ILL amendment to Contract #548.8 reduces the contract by $5,487 because of staff turnover. These unexpended funds were then used by the Texas State Library to purchase new computer equipment for the Lubbock ILL office. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5243 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution No. 5244 authorizing the Mayor to execute a contract with the Texas Department of Health (TDH) to provide HIV counseling services for prevention and education. 471 Council Minutes August 22, 1996 Page 472 RESOLUTION NO. 5244 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 Grant Application, attached herewith, by and between the City of Lubbock and the Texas Department of Health, HIV Division for HIV counseling and testing, and any associated documents, which Application 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 22nd day of August 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, Director of Health and Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Grant Application with the Texas Department of Health, HIV Division for HIV counseling and testing is filed with Resolution 5244. According to staff memo, the contract includes the collaborative efforts between the Health Department, South Plains AIDS Resource Center, Catholic Family Services, and Mental Health Mental Retardation Center to provide HIV education, prevention, testing, and counseling. Each agency has a unique role in providing these services, not only to Lubbock residents, but to the 15 southern counties that make up Region 1 of TDH. There is no duplication of services, and all agencies are needed to provide comprehensive, continuous care for persons at risk or who are diagnosed as HIV positive. The City Health Department provides testing and counseling services, both pre -test and post-test, with heavy emphasis placed on education and preventive measures. Sufficient funds have been requested from the TDH for complete cost recovery of this program. 472 Council Minutes August 22, 1996 Page 473 Without the TDH contract, the City of Lubbock Health Department would not be able to fulfill a segment of the prevention aspect of the Core Missions of Public Health. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5244 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider the price and condition of sale of Parcel Number 85430-2-22 at 221 Avenue L in the Guadalupe Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Art Cuevas Construction, Inc., for $400. The property is to be redeveloped with a new 1,550 square foot, single-family residence valued at $55,000. The land is properly zoned. The Housing Department recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider the price and condition of sale of Parcel Number 33500-20-10 at 1005 2nd Place in the Guadalupe Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Albert B. Sendejo, dba Silverado Builders for $400. The property is to be redeveloped with a new 1,350 square foot, single-family residence valued at $43,000. The land is properly zoned. The Housing Department recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution No. 5245 authorizing the Mayor to execute four separate agreements for the transfer of treated wastewater for agricultural irrigation. RESOLUTION NO. 5245 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 Regarding Treated Wastewater Effluent, attached herewith, by and between the City of Lubbock and Schuiler N. Jones. Jr., for the furnishing of treated wastewater by the City of Lubbock for agricultural purposes, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this 473 Council Minutes August 22, 1996 Page 474 Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of August 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement Regarding Treated Wastewater Effluent by and between the City of Lubbock and Rodney Schoppa, Fred Jones, Richard Adams and Earl Foerster is filed with Resolution 5245. According to staff memo, the City's wastewater permit, TNRCC Permit No. 10353-02, authorizes the City to dispose of treated effluent on approximately 6,000 acres of land, known as the Lubbock Land Application Site (LAS). Included in this permitted acreage is approximately 800 acres of privately -owned land. In 1996, the City leased to Plains Oil Mill approximately 120 acres of the land approved for effluent irrigation. As a condition of TNRCC's permit, the City is required to replace any permitted land that becomes unsuitable for effluent irrigation. Prior to now, it has not been necessary to utilize the 800 acres of privately -owned land for effluent irrigation. The lease of the land to Plains Oil Mill has changed this. In order to postpone the purchase of additional land and the permitting process associated with this, the City is required to demonstrate a long-term agreement for use of the effluent for irrigation with the private owners already included in our current wastewater permit. By executing an agreement with each of the landowners authorized in the current wastewater permit, the City will be able to postpone the expense of purchasing additional land. Staff recommended approval of this resolution. 474 Council Minutes August 22, 1996 Page 475 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5245 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Bid #13626--Police Leather Goods (Police Department). G. T. Distributors, Inc.--250 Ea Safariland 200-74-181 Holster; 250 Ea Safariland 77-83-4HS Mag Case. F.B.F. Incorporated--70 Ea Michael's of Oregon 8616-0 Nylon Holster. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Bid #13627--Concrete Water Tank Painting, and authorize same (Water Utilities). RESOLUTION NO, 5246 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 Plains Builders, Inc. of Amarillo, Texas, to furnish and install all materials and services as bid for the Concrete Water Tank Painting, 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 22nd day of August 1996. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager FA 9 W 10 019 4f : ,[Te] e]a M /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 475 Council Minutes August 22, 1996 Page 476 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 22nd day of August, 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 PLAINS BUILDERS, INC.of the City of Amarillo, County of Randall, 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 # 13627-CONCRETE WATER TANK PAINTING - $309,223.00 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/ Mike E. Murphy Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: By: /s/ Alfred Koettin� PRINTED NAME: Alfred Koettin� TITLE: President COMPLETE ADDRESS: Plains Builders, Inc. PO Box 7008 Amarillo, Texas 79114-7008 476 Council Minutes August 22, 1996 Page 477 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5246 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Bid #13639--Scott Air Paks & Parts (Fire Department). Daco Fire and Safety --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Bid #13641--Lubbock Memorial Civic Center Renovations, and authorize same (Civic Center). RESOLUTION NO.5247 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 Mike Klein General Contractors, Inc. of Lubbock, Texas, to furnish and install all materials and services as bid for the Lubbock Memorial Civic Center Renovations, 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 22nd day of August 1996. 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 /s/ David R. Langston DAVID R. LANGSTON, MAYOR 477 Council Minutes August 22, 1996 Page 478 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22nd day of August, 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 MIKE KLEIN GENERAL CONTRACTORS, INC. of the City of Lubbock, County of Lubbock, 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 # 13641 LUBBOCK MEMORIAL CIVIC CENTER RENOVATIONS - $1,388,000.00 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/ G. Smith Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston MAYOR CONTRACTOR: By: Mike Klein PRINTED NAME: Mike Klein TITLE: President COMPLETE ADDRESS: Mike Klein General Contractors, Inc. 1340 E. 44th Street Lubbock, Texas 79404 478 Council Minutes August 22, 1996 Page 479 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5247 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) Bid 413644--ACM Abatement at LIA West Terminal Building, and authorize same (Building Services). RESOLUTION NO. 5248 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 Asbestos Removal, Inc. of Odessa, Texas, to furnish and install all materials and services as bid for the ACM Abatement at LIA West Terminal Building, 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 22nd day of August 1996. 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 /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 22nd day of August, 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 ASBESTOS REMOVAL, 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 479 Council Minutes August 22, 1996 Page 480 hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13644 - ACM ABATEMENT AT LUBBOCK INTERNATIONAL AIRPORT WEST TERMINAL BUILDING - $55,000.00 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/ Greg Rhodes Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Lita Edge CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: ASBESTOS REMOVAL, INC. By: Scott Edge PRINTED NAME: Scott Edge TITLE: President COMPLETE ADDRESS: Asbestos Removal, Inc. PO Box 13508 Odessa, Texas 79768 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5248 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) Ordinance No. 9927--Amending Chapter 24 of the Code of Ordinances establishing procedures for changing street names and changing the name of Avenue H from Municipal Drive to 24th Street to "Buddy Holly Avenue." N Council Minutes August 22, 1996 Page 481 ORDINANCE NO. 9927 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW SECTION 24-38 ESTABLISHING PROCEDURES FOR CHANGING STREET NAMES; PROVIDING A PROVISION EXEMPTING A PRIOR REQUEST TO CHANGE THE NAME OF AVENUE H FROM MUNICIPAL DRIVE TO 24TH STREET TO "BUDDY HOLLY AVENUE" FROM APPLICATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9927 with deletions as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Ordinance No. 9929--Approving and adopting a budget for Fiscal Year 1996-97 and revisions for Fiscal Year 1995-96. ORDINANCE NO.9929 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT FOR THE SCHOOL ZONES IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AUTHORIZING PLACEMENT OF SCHOOL SPEED LIMIT SIGNS BEACONS AND OTHER SIGNS AND MARKERS IN ACCORDANCE WITH CITY POLICIES; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT SUCH CONFLICT EXISTS; PROVIDING THAT ALL HIGHWAYS OR STREETS NOT SPECIFICALLY MENTIONED HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT THE SCHOOL SPEED LIMIT ZONES HEREBY ESTABLISHED SHALL BE CUMULATIVE EXCEPT WITH THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Sitton to pass on second and final reading Ordinance No. 9929 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Ordinance No. 9930--Setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock for the year 1996. ORDINANCE NO. 9930 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1996, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading 481 Council Minutes August 22, 1996 Page 482 Ordinance No. 9930 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) Ordinance No. 9931--Amending Ordinance No. 9840 of the City of Lubbock regarding the Texas Municipal Retirement System (TMRS) establishing the rate of deposits to the Texas Municipal Retirement System by employees of the city; establishing the maximum combined rates of the City's normal contribution and prior service contributions. ORDINANCE NO.9931 AN ORDINANCE AMENDING ORDINANCE NO 9840 OF THE CITY OF LUBBOCK WITH REGARD TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM; ESTABLISHING THE MAXIMUM COMBINED RATES OF THE CITY'S NORMAL CONTRIBUTIONS AND PRIOR SERVICE CONTRIBUTIONS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM PURSUANT TO SECTION 855.501 OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED; AND PRESCRIBING AN EFFECTIVE DATE FOR THIS AMENDMENT. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Sitton to pass on second and final reading Ordinance No. 9931 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (34.) Hold a public hearing to consider the request of Benson McCown for an Oil Drilling Permit on a tract located approximately 600 feet north of East Ursuline and 2106 feet east of North Martin Luther King in Section 8, Block A, Lubbock County, Texas. Designation of the well is O'Neal #1. Mayor Langston opened the public hearing at 10:48 a.m. Ronny 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 10:49 a.m. (35.) Consider approval of an Oil Drilling Permit for O'Neal #1. Randy Henson, Senior Planner, presented staff comments. On August 2, 1996, the Planning Department received an application for a permit to drill the above described well. The storage site is proposed at a tank battery east of the well site on the Dunlop lease. The application is in order and the lease contains approximately 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. 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. 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 482 Council Minutes August 22, 1996 Page 483 development is projected in the immediate area and future development is anticipated as industrial, few long term negative impacts are anticipated. Staff recommended the request with these four conditions: No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the surface casing has been set. 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 if used, the second series of casing of the well shall be in 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 -McCown for O'Neal #1. Staff recommended approval of this oil drilling permit. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to approve this permit as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (28.) ZONE CASE NO.2778 (east of North University and north of Loop 289)--Hold a public hearing to consider request of Ray McKim III (for WWC Holding Company) for a zoning change from R-1 to R-1 Specific Use (for a radio transmission facility) on a tract out of Section 11, Block A, and to consider ordinance. ORDINANCE NO.9934 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2778; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A TRACT OUT OF SECTION 11, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:50 a.m. Richard Widmar appeared on behalf of WWC Holding Company to present this request for zone change from R-1 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:51 a.m. Randy Henson, Senior Planner, presented staff comments. During the past two meetings, the City Council requested a task force report on various issues involved in the proliferation of cellular/wireless towers, and that the proponent of these two cases 483 Council Minutes August 22, 1996 Page 484 be asked to the Council meeting to verify that no co -location opportunity exists or if they will construct a tower that will accommodate two wireless units. The location requested in this case is east of University Avenue and North Loop 289. Mr. Henson gave the adjacent land use relationships as follows: North - ag South - Loop 289 East - ag West - ag As Specific Use, the Comprehensive Land Use Plan has no policy discussion. As for zoning policy, the proposed site is on the edge of a section of land being farmed and having several oil wells. There should be no effect on the street system. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance No. 9934 as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (29.) ZONE CASE NO.2627-D (6205 W. 19th Street) --Hold a public hearing to consider request of Ray McKim III (for WWC Holding Company) for a zoning change from C-4 to C-4 Specific Use (for a radio transmission facility) on a tract out of Lot 2, Block 2, West End Place Addition, and to consider ordinance. ORDINANCE NO. 9935 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2627-D; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A TRACT OUT OF LOT 2, BLOCK 2, WEST END PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:52 a.m. Richard Widmar appeared on behalf of WWC Holding Company to present this request for zone change from C-4 to C-4 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:53 a.m. Randy Henson, Senior Planner, presented staff comments. The same comments in Zone Case No. 2778 about City Council concerns relate to this request. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - residential FEE Council Minutes August 22, 1996 Page 485 East - commercial West - commercial With the absence of neighborhoods returns, staff presumed the request meets the compatibility test of the Comprehensive Land Use Plan and zoning policies. The possibility to co -locate on a major power transmission line is being discussed between Cell One and LP&L. If that option does exist and meets technical requirements, the proponent may withdraw the case. The proposal will have no impact on the street system. Staff supported the recommendation of the Planning and Zoning Commission, subject to final discussions with LP&L on joint use. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9935 as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (30.) ZONE CASE NO.2779 (north of 19th Street and west of Alcove) --Hold a public hearing to consider request of Phillip Cole (for Walt Hansen, Inc.) for a zoning change from R-1 to C-4 on a tract out of Section 2, Block D-6, and to consider ordinance. ORDINANCE NO. 9936 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2779; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON A TRACT OUT OF SECTION 2, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:55 a.m. Phillip Cole appeared on behalf of Walt Hansen, Inc., to present this request for zone change from R-1 to C-4. No one appeared in opposition. Mayor Langston closed the hearing at 10:56 a.m. Randy Henson, Senior Planner, presented staff comments. The request is an expansion of business associated with the mini - warehouse operation to the west, for the purpose of display for other products marketed by Mr. Cole and Mr. Hansen. The previous mini -warehouse zone case included display of portable buildings, RV storage and the mini -warehouse portion. Mr. Henson gave the adjacent land use relationships as follows: North - ag use South - 19th Street and vacant East - vacant West - vacant and commercial 485 Council Minutes August 22, 1996 Page 486 The request is compatible with the Comprehensive Land Use Plan. Zoning policy for C-4 on West 19th has developed through 10-15 zone cases, resulting in a "strike list" for incompatible uses. The single item noted in the application by Mr. Cole that has been excluded in previous cases is "used vehicles." The proposed use should have no adverse impact on the street system. The Planning Commission recommended the request consistent with the "strike list" common to West 19th Street: Uses unconditionally permitted in the C-4 zoning district except: Automobile Body Shops; Billboards; Commercial Private Clubs and Teenage Clubs; Dancehall; Feed Store; Used Furniture Store; Gameroom (except as an incidental use in a restaurant), Pool, Billiard and/or Domino Parlor; Motorcycle Shop; Second-hand Goods Store or Pawn Shop; Use Car Lot; and Nightclubs. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Sitton to pass on first reading Ordinance No. 9936 as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (31.) ZONE CASE NO.2193-B (south of 82nd Street and east of University) --Hold a public hearing to consider request of Hugo Reed and Associates (for Michael Postar) for a zoning change from C-4 Specific Use to C-4 Specific Use (office/mini- warehouses) on the south 367.80 feet of Tract C, Postar Addition, and to consider ordinance. ORDINANCE NO. 9937 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2126-13; A ZONING CHANGE FROM C-2 AND C-3 TO A-1 ZONING ON A PORTION OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 10 Council Minutes August 22, 1996 Page 487 Mayor Langston opened the public hearing at 10:58 a.m. Bernie Gradel appeared on behalf of Michael Postar to present this request for zone change from C-4 Specific Use to C-4 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:01 a.m. Randy Henson, Senior Planner, presented staff comments. As an extension of the existing mini -warehouse project, the owner wishes to add minis on the east side, adjacent to the north/south alley and a contractor office/shop complex on the west side. Mr. Henson gave the adjacent land use relationships as follows: North - mini warehouse South - vacant warehouses East - town homes West - undeveloped The proposal is consistent with the Comprehensive Land Use Plan subject to being compatible with the residential to the east. In terms of zoning policy, the site plan indicates a series of mini - warehouse structures adjacent to the alley. The office/shop buildings are on the west side to move that activity as far from the residential as possible. The proposal will have no adverse effect on the street system. This land area is not readily accessible and this type of use may be one of the few feasible development opportunities. The Planning Commission recommended approval of the request subject to the following condition: The fencing or building material used on the mini -warehouse project adjacent to the residential shall be continued. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on first reading Ordinance No. 9937 with condition as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (32.) ZONE CASE NO.2780 (south of 98th Street between Utica and Vicksburg) --Hold a public hearing to consider request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from R-1 to R-1 Specific Use (to allow a 20 foot front setback) on a tract out of Section 16, Block E-2, and to consider ordinance. ORDINANCE NO. 9938 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2780; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING TO ALLOW A 20 FOOT FRONT SETBACK ON A TRACT OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 487 Council Minutes August 22, 1996 Page 488 Mayor Langston opened the public hearing at 11:03 a.m. Bernie Gradel appeared in behalf of Lubbock Land Company to present this request for zone change from R-1 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:05 a.m. Randy Henson, Senior Planner, presented staff comments. The proponent is requesting a 20-foot front setback versus the standard 25-foot requirement. Numerous other subdivisions have been granted this Specific Use Permit. By using the 52-foot street that is available in the subdivision regulations, the reduced setback adds an additional 5 feet to the lot depth and maintains a suitable street width. No other zoning related standards are requested to be changed. Mr. Henson gave the adjacent land use relationships as follows: North - residential South - vacant East - vacant West - proposal personal care facility The request is compatible with Comprehensive Land Use Plan and zoning policy. The request will have no more impact on the street system than anticipated for single family development. The Planning Commission recommended the request with one condition: The front setback may be a minimum of 20 feet. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance No. 9938 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Neugebauer recused and excused himself from any discussion and voting on this item. (33.) ZONE CASE NO.2658-C (north of 54th Street and east of Gary) --Hold a public hearing to consider request of Curry Brandaw Architects (for Holiday Retirement Corporation) for a zoning change from C-3 to A-2 limited to a retirement community on a tract out of Tract A, Monterey Center Addition, and to consider ordinance. ORDINANCE NO. 9939 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-C; A ZONING CHANGE FROM C-3 TO A-2 ZONING ON A TRACT OUT OF TRACT A, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Council Minutes August 22, 1996 Page 489 Mayor Langston opened the public hearing at 11:07 a.m. Dan Roach appeared on behalf of Holiday Retirement Corporation to present this request for zone change from C-3 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 11:10 a.m. Randy Henson, Senior Planner, presented staff comments. This proposal answers a number of issues that have caused the neighborhood to be tense since the demolition of Monterey Center. The tract is currently zoned commercially. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - single family East - church West - single family The proposal fits both Comprehensive Land Use Plan and zoning policy. The project should have little effect on traffic. The Planning and Zoning Commission recommended the request with three conditions: The use shall be limited to a retirement community. Tied to site plan 2658-C as presented to the Planning and Zoning Commission and signed by the Chairman on August 1, 1996. Should a shortage of parking be verified by the Planning _ Department or Environmental Inspection Services Department, the owner shall be notified in writing to install an adequate additional number of parking spaces. The plan indicates 59 spaces for the 112-suite complex plus parking at the garden suites. Data provided by Holiday from their other properties indicates the proposed number is sufficient. The Zoning Code has no ratio established for this particular use. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance No. 9939 with conditions as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (36.) Consider a resolution exempting the proponents of changing the name of Avenue "H" to "Buddy Holly Avenue" from the fees specified in the street name change proposal. This item was deleted from the agenda. (37.) Consider the Forfeited Fund Budget for the Lubbock Police Department and South Plains Regional Narcotics Task Force for June 1, 1996 to May 31, 1997. e Council Minutes August 22, 1996 Page 490 Bill Townley, Police Captain, presented staff comments. The Texas Code of Criminal Procedure (Chapter 59) allows law enforcement agencies to seize money and/or property that is "used or intended to be used in the commission of any felony under the Texas Controlled Substance Act." Once the money or property has been seized, a state or federal court may forfeit (award) the money or property to the law enforcement agency that made the seizure. There are two entities within the Police Department that may seize money and/or property under the Texas Controlled Substance Act. One is the South Plains Regional Narcotics Task Force, which is grant funded, and the other is all other police officers who are not members of the South Plains Regional Narcotics Task Force. The Captain of the Narcotics Section administers a separate account for each entity, the Task Force account and the Special Investigations account respectively. Forfeited monies or the proceeds from the sale of forfeited property are deposited in one of these accounts, depending on which entity made the initial seizure. Forfeited funds which are awarded to the Task Force (Program Income) are monitored and controlled by the Office of the Governor, Criminal Justice Division in Austin, Texas. Expenditure of these funds is limited to the Task Force program. The South Plains Regional Narcotics Task Force will expend the bulk of the forfeited funds in the Task Force account for the 25 percent cash match requirement of the grant. Chapter 59 of the Texas Code of Criminal Procedure controls expenditures from the Special Investigations account. It states that special fund monies will be used solely for law enforcement purposes and that a municipality may not use the special fund to offset or decrease total salaries, expenses and allowances that agency receives from the governing body at or after the time the proceeds are awarded. Chapter 59 also requires that a budget for the expenditure of forfeited funds be submitted to the governing body of the municipality. The budget for the funds forfeited to the Lubbock Police Department and the South Plains Regional Narcotics Task Force is outlined below. SUPPLIES: $35,226 Miscellaneous items such as antennas, cables, lens cameras used for communications and surveillance equipment, uniforms, raid boots, holsters, pistol belts, and badges. OTHER CHARGES: $198,201 Includes lease vehicles for undercover officers, cellular telephone charges, training and travel, funds for paying informants and purchasing evidence/information. CASH MATCH FOR T.N.C.P. GRANT $225,000 490 Council Minutes August 22, 1996 Page 491 CAPITAL OUTLAY: $60,416 Includes the purchase of personal computers, terminals, servers, printers, polygraph instrument, MDT's, specialized SWAT equipment, four vehicles for officers assigned to DEA. TOTAL BUDGET: $518,843 The Lubbock Police Department recommended the approval of the budget. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to approve this budget as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (38.) Consider Resolution No. 5249 revising regular City Council meeting dates for September 1996. WHEREAS, pursuant to the City Council Rules, Order of Business and Procedures, the City Council of the City of Lubbock, Texas, has established the second and fourth Thursdays of each month as the days for regular Council meetings; and WHEREAS, the Council deems it would be in the best interest of the citizens of the City of Lubbock to change the date for the first scheduled Council meeting during the month of September 1996 from Thursday, September 12, 1996 to Tuesday, September 10, 1996; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the regular City Council meeting scheduled for Thursday, September 12, 1996 shall be conducted on Tuesday, September 10, 1996 instead of the second Thursday of such month. Passed by the City Council this 22nd day of August 1996. ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 491 Council Minutes August 22, 1996 Page 492 The City Charter provides that the City Council shall meet at least twice each month as prescribed by ordinance or resolution. Resolution No. 1610 establishes the second and fourth Thursdays of each month as the regular meeting dates of the City Council. Because of a conflict with other business, the City staff is proposing the following revision to the first regular City Council meeting date in September: Regular Date September 12, 1996 (Thursday) Revised Date September 10, 1996 (Tuesday) Staff recommended approval of this resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution No. 5249 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (39.) Consider Ordinance No. 9940 whereby the City of Lubbock and Southwestern Bell Telephone Company agree to amend Ordinance No. 9452 to provide for a longer term and to add termination and other provisions as a result of the changes by the Public Utility Regulatory Act of 1995, codified as Tex. Civ. Stat. Ann. Art. 1446C-0. ORDINANCE NO. 9940 AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. 9452 TO PROVIDE FOR A LONGER TERM AND TO ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE CHANGES MADE BY THE PUBLIC UTILITY REGULATORY ACT OF 1995, CODIFIED AS TEX. REV. CIV. STAT. ANN. ART. 1446C-O. The franchise with the telephone company will expire the end of August. Staff has been negotiating with Southwestern Bell and had expected to complete all discussions prior to expiration of the franchise. However, because this has not happened, Gavino Sotelo, First Assistant City Manager, asked that the City Council extend the present franchise for 90 days beginning September 1, 1996. Even though the second reading of the ordinance will not be read until after the first of September and the expiration of the franchise, staff is making the ordinance retroactive so that payments will continue as they are. Staff expects, and so does the telephone company, to complete negotiations within those 90 days. Staff recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Ince, seconded by Mayor Pro Tem Cooke to pass on first reading Ordinance No. 9940 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 492 Council Minutes August 22, 1996 Page 493 (40.) Consider Joint Resolution No. 5250 between the City of Lubbock and the Lubbock County Commissioner's Court authorizing the formation of the Lubbock Reese Redevelopment Authority (LRRA). RESOLUTION NO.5250 JOINT RESOLUTION WHEREAS, Reese Air Force Base has been scheduled to close in September 30, 1997 by the federal government in the BRAC 1995 base closure list; and WHEREAS, the City of Lubbock and the County of Lubbock have established the Lubbock/Reese Redevelopment Committee to begin the process of exploring the various possibilities for the reuse and redevelopment of the former Reese Air Force Base; and WHEREAS, it has now become necessary to create a Redevelopment Authority as a legal entity for purposes of engaging in possible future contracts; NOW THEREFORE: BE IT RESOLVED BY THE LUBBOCK CITY COUNCIL AND COUNTY COMMISSIONER'S COURT: THAT the Lubbock Reese Redevelopment Authority Corporation is hereby established to develop the former Reese Air Force Base as provided by federal law. Its duties shall include, but are not limited to: the promotion and development of industrial, manufacturing, sales, and service enterprises; the promotion of employment and the public welfare; educational activities; charitable activities; and/ or all other activities permitted by law to non-profit corporations under the laws of the State of Texas. The Lubbock Reese Redevelopment Authority Corporation is authorized to act on the behalf of the City of Lubbock and the County of Lubbock in developing the former Reese Air Force Base in accordance with its Articles of Incorporation and its bylaws. Passed the City Council this 22nd day of August 1996. ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 493 Council Minutes August 22, 1996 Page 494 Passed the County Commissioner's Court this 26th day of August 1996. /s/ Don McBeath DON McBEATH, COUNTY JUDGE ATTEST: /s/ Ann Davidson Ann Davidson, County Clerk APPROVED AS TO FORM: /s/ Bennie Hemmeline Criminal District Attorney Eddie McBride, Executive Director of the Lubbock Reese Redevelopment Authority, presented staff comments. On July 13, 1995, via a joint resolution with the Lubbock County Commissioners' Court, the City Council approved the formation of the Lubbock Reese Redevelopment Committee (LRRC) and its associated purpose, duties and responsibilities. The LRRC was tasked to function and remain active until a LRRA could be created as a legal entity to take ownership of base property and to execute leases or contracts for base reuse. On March 5, 1996, the Office of Economic Adjustment within the Department of Defense officially recognized the LRRC as the Local Redevelopment Authority for the purposes of planning. The Department of Defense also requires a local entity be designated during the implementation phase of base disposal to conduct real property and personal property conveyances as well as handling leasing and other matters associated with the BRAC process. Additionally, a legal entity is required to assume the responsibility of developing lease/purchase transactions, receiving rent for leased properties as well as negotiating base installation management arrangements with the Air Force. The Bylaws of the LRRA will be incorporated by the Texas Secretary of State to form a non-profit corporation. Key elements of the Articles of Incorporation and Bylaws are: Corporation formed as activity under Internal Revenue Code Section 501(c)(3) and Texas Tax Code Section 11.18(c)(1). The Authority is authorized to act in behalf of the City and County for purposes stated in the Articles of Incorporation and Bylaws (redevelop Reese). Directors are comprised from two City Councilmembers, two County Commissioners' Court members, one SPAG representative, and four "at -large" members appointed initially by the LRRC and thereafter by the directors of the authority. 494 Council Minutes August 22, 1996 Page 495 Staff recommended approval in order to allow the LRRA to act as the legal entity for the City and County of Lubbock to negotiate for the reuse or disposal of Reese Air Force Base. Motion was made by Councilmember Neugebauer, seconded by Councilmember Sitton to authorize Resolution No. 5250 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (41.) Consider Resolution No. 5251 appointing members to the Lubbock Reese Redevelopment Authority (LRRA). RESOLUTION NO. 5251 WHEREAS, the Lubbock Reese Redevelopment Authority Corporation has been authorized to act on behalf of the City and County of Lubbock to further the public purposes stated in this Resolution; and WHEREAS, in determining the best civilian reuse of Reese Air Force Base after it closes on September 30, 1997 due to BRAC closure actions, the Lubbock Reese Redevelopment Authority Corporation will succeed the Lubbock Reese Redevelopment Committee for the conversion to civilian reuse; and WHEREAS, the Board of Directors of the Lubbock Reese Redevelopment Authority Corporation (LRRAC) shall consist of nine (9) members, wherein the Lubbock City Council shall appoint two (2) members, the County Commissioner's Court shall appoint two (2) members, the South Plains Association of Governments (SPAG) shall appoint one (1) member, and the City Council and County Commissioners shall jointly concur the four (4) members nominated by the Lubbock Reese Redevelopment Committee (LRRC); NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock shall appoint two (2) members of the City Council of the City of Lubbock to serve on the Board of Directors of the LRRAC. Passed by the City Council this 22nd day of August 1996. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Managing Director of Strategic Planning APPROVED AS TO FORM: /s/ Amv L. Whitt Amy L. Whitt, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 495 Council Minutes August 22, 1996 Page 496 On July 13, 1995, via a joint resolution with the Lubbock County Commissioners' Court, the City Council approved the formation of the Lubbock Reese Redevelopment Committee (LRRC) and its associated purpose, duties and responsibilities. The LRRC was tasked to function and remain active until a LRRA could be created as a legal entity to take ownership of base property and to execute leases or contracts for base reuse. The joint resolution also provided for the composition of the committee which included the Mayor of Lubbock and one Councilmember, the County Judge of Lubbock County and one County Commissioner, the President of SPAG, the President of the Frenship Independent School District Board, the President of Texas Tech University, and the President of South Plains College. A separate City Council agenda item has been prepared to consider a joint resolution with the Lubbock County Commissioners' Court for the formation of the LRRA. This agenda item requests the City Council to appoint two City Councilmembers to the LRRA and also requests approval for the additional positions recommended by the LRRC. The composition of the LRRA would be two Councilmembers, two members of the Lubbock County Commissioners' Court, a representative from the South Plains Association of Governments, and four members appointed by the LRRC to be members of the LRRA. Staff recommended the City Council appoint two members to serve on the LRRA and approve the positions of the County Commissioners' Court, a representative of the South Plains Association of Governments, and four members appointed by the LRRC. Motion was made by Mayor Pro Tern Cooke, and it was the consensus of Council to authorize Resolution No. 5251 appointing Councilmember Ince and Councilmember Patterson to the Lubbock/Reese Redevelopment Authority (LRRA). Motion carried: 7 Yeas; 0 Nays. (46.) Confirm reappointment of Albert Hernandez to the Electric Utility Board. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Sitton to reappoint Albert Hernandez to the Electric Utility Board. Motion carried: 7 Yeas; 0 Nays. The Council recessed at 11:33 a.m. and reconvened at 11:39 a.m. to discuss Item No. 4 on the City Council Work Session Agenda. The Council then recessed at 12:12 p.m. and went into executive session. Council reconvened at 2:14 p.m. (42.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(a)(1), to discuss personnel matters (City Manager and City Secretary). (43.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending, or contemplated litigation (Storm Water Utilities and Water Utilities). ..t Council Minutes August 22, 1996 Page 497 (44.) 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 (Fire). (45.) 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: Airport Board Appointments Advisory Board Board of Health Building Board of Appeals CIVIC Lubbock, Inc., Board of Directors Community Services Commission Lubbock Housing Finance Corporation Board of Directors Lubbock/Reese Redevelopment Authority (LRRA) Mental Health and Mental Retardation Board of Trustees Mental Health and Mental Retardation Public Responsibility Committee Neighborhood Certification Committee Public Transit Advisory Board 497 Council Minutes August 22, 1996 Page 498 There being no further business to come before Council, it was the consensus of Council to adjourn the meeting at 2:15 p.m. ATTEST: ��&- ka�Q Harold Willard, Intermin City Secretary Read and approved this 1 Oth of March 1997. Zko D ID R. L GS ON, MAYOR ATTEST: n Harold Willard, Interim City Secretary