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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/26/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 26, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 26th day of September 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. Mayor Pro Tem Cooke called the meeting to order at 10:08 A.M. ( 1.) The Invocation was given by T. J. Patterson, Councilmember District 92. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the minutes of the September 10, 1996, Regular City Council Meeting and the minutes of the September 16, 1996, Special City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. (4.) Consider Resolution No. 5281 authorizing the Mayor to execute a dedication deed in connection with the replatting of Tract M-4, Whisperwood Addition (202 Slide Road). RESOLUTION NO.5281 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 Dedication Deed in connection with the platting of Lot 1, Fire Station #5 Addition, 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. City Council Minutes September 26, 1996 Page 546 Passed by the City Council this 26th day of September 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/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this resolution authorizes the Mayor to execute a dedication deed for the replatting of City -owned property to be known as Tract M-4, Whisperwood Addition. This area being replatted is located west of Slide Road at 2nd Street. In February 1996 the City purchased a 1.291 acre parcel of land out of Tract M of the Whisperwood Addition. Our Planning Department ordinance requires that a metes and bounds purchase of land from a platted tract be replatted. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5281 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 5.) Consider Resolution No. 5282 authorizing the Mayor to execute a grant agreement and related documents with the FAA for signage and graphics improvements at Lubbock International Airport. RESOLUTION NO. 5282 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 Agreement and any related documents with the United States of America, Department of Transportation, Federal Aviation Administration, for Lubbock International Airport improvements consisting of new signage for site, roadways, parking areas, and terminal building exterior and interior, including flight information display and baggage information display systems, interior panel graphics and sun control film for clerestory windows, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 546 City Council Minutes September 26, 1996 Page 547 Passed by the City Council this 26th day of September 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/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, in March 1996, the City Council authorized an engineering and design contract with Parkhill, Smith & Cooper in association with Gensler and Associates to prepare plans and specifications for a signage and graphics project at the airport. This project will replace all interior and exterior signs at the airport and will provide flight monitors inside the terminal building, a new feature for the airport. This item recommended acceptance of an FAA Grant in the amount of $1,224,810 that will fund 90 percent of the overall cost of the project. The 10 percent local match will be funded by PFC's. A breakdown of project costs and funding sources is provided below. FAA ,90% PFC 10% Total Administrative $2,700 $300 $3,000 Design/Eng./Inspection.$158,490 $17,610 $176,100 Construction $1,063,620 $118,180 $1,181,800 Total $1,224,810 $136,090 $1,360,900 The Airport Board and staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5282 as T recommended by staff. Motion carried: 6 Yeas; 0 Nays. (6.) Consider Resolution No. 5283 authorizing the Mayor to execute a lease agreement with the FAA for an engine generator site at Lubbock International Airport. 547 City Council Minutes September 26, 1996 Page 548 RESOLUTION NO.5283 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 Lease No. DTFA07-97-L- 01049 with the U.S. Department of Transportation, Federal Aviation Administration for an Engine Generator Site at the Lubbock International Airport, which lease is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, since 1966, the government has held a license to occupy a 0.04 acre tract near the original passenger terminal building. Under the terms of our FAA grant assurances, the city provides space for navigational aids and support equipment at no cost to the government. The Airport Board and staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5283 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 7.) Consider Resolution No. 5284 authorizing the Mayor to execute a contract with Dr. Cliff Fedler, Ph.D., P.E., for engineering services related to the disposal of effluent and sludge on the Lubbock Land Application Site. 548 City Council Minutes September 26, 1996 Page 549 RESOLUTION NO. 5284 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement, attached herewith, by and between the City of Lubbock and Dr. Clifford B. Fedler, Ph.D., P.E., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim 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 According to staff memo, in 1989, the City of Lubbock entered into an agreed order with the Texas Natural Resource Conservation Commission (TNRCC) that required extensive monitoring and testing related to the disposal of effluent by agricultural irrigation. Since the beginning of this program, Dr. Cliff Fedler has been involved with many aspects, including, but not limited to, reviewing nitrate and depth to groundwater data, preparing water and nutrient balances, and reviewing annual cropping plans and irrigation schedules. As required by the agreed order, the City recently completed a five-year progress report on the groundwater remediation plan. In 1996, the City submitted a permit amendment proposing the land application of sludge and changes in the maximum effluent application rates. These changes, coupled with the requirements of the agreed order, make it particularly important to monitor the land application operation on a more frequent basis. In an effort to better monitor our operation, staff has determined that an annual progress report prepared by an agricultural engineering expert is a critical part of the groundwater remediation efforts. In this report Dr. Fedler will evaluate the nitrate, depth to groundwater, and soil 549 City Council Minutes September 26, 1996 Page 550 data relative to the cropping and irrigation practices for a cropping season. The contract provides for compensation of $75.00 per hour for up to a maximum of 120 hours per year, or a maximum of $9,000 per year. The initial term of the agreement will be for three years, effective October 1, 1996. The agreement may be renewed for two successive terms of one year each upon mutual consent of both parties. Also, the agreement may be terminated by either party upon a 30-day written notice to the other party. Funds for this engineering work are included in an existing capital project which was established for work such as this. In a continued effort to proactively manage the land application operation and to provide the necessary documentation to TNRCC regarding the effectiveness of the ground water remediation plan, staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5284 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 8.) Consider Resolution No. 5285 authorizing the Mayor to execute a contract with Texas Tech University for research associated with the disposal of effluent and sludge on the Lubbock Land Application Site. RESOLUTION NO.5285 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 Interlocal Agreement, attached herewith, by and between the City of Lubbock and Texas Tech University, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 550 City Council Minutes September 26, 1996 Page 551 Passed by the City Council this 26th day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, Interim 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 According to staff memo, on May 1, 1996, the City submitted a permit amendment proposing the land application of sludge and changes in the maximum effluent application rates. If approved, the City will be authorized to apply both treated effluent and wastewater sludge to the Land Application Site. In an effort to preserve the useful life of the land application site and to gather information necessary to demonstrate the feasibility of the land application of sludge to the TNRCC, staff proposes to fund research through the Texas Tech University Civil Engineering Department. The research will include an engineering student for not less than twenty hours per week to do work associated with data collection and sorting, sample collection, and testing with the disposal of treated effluent and sludge by agricultural application, ammonia stripping, determination of the fate of nitrogen from the wastewater plant to the land application site, analysis of crop production relative to nitrogen application, and analysis of changes in soil fertility. The Water Utilities staff continues to operate the land application site with a strong commitment to meet or exceed all conditions identified in the wastewater permit. The results of this research will help to improve the management of the land application site and possibly postpone the purchase of additional land for disposal. The initial term of this agreement will be for one year beginning October 1, 1996. It may be renewed for three successive terms of -- one year each, upon mutual agreement of both parties. Also, the agreement may be terminated at any time upon a 30-day written notice to the other party. For the services rendered, the City agrees to pay Texas Tech $9,000 per year. Funds for this work are included in an existing capital project. 551 City Council Minutes September 26, 1996 Page 552 To assist in efforts to proactively manage the land application operation, to preserve the current permitted site, and to provide data necessary to ensure continued TNRCC approval for land application of sludge, staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5285 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 9.) Consider Resolution No. 5286 authorizing the Mayor to execute a software maintenance agreement with Tiburon, Inc. RESOLUTION NO.5286 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 Software Maintenance Agreements with Tiburon, Inc., in substantially the same form as the agreement attached hereto with the exception of term and price, which Agreements 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 26th day of September 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/ Tom Tuning Tom Tuning, Managing Director of Information & Communication Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, Tiburon, Inc., is the sole source provider of software maintenance for the Police Records System and the Computer Aided Dispatch System. The system includes the software needed to access the state and national crime data bases. The software maintenance agreement is for the period of 10/01/96 through 9/30/97 at a cost of $32,228. This resolution authorizes the Mayor to execute an agreement with Tiburon as needed. Staff recommended approval of the resolution. 552 City Council Minutes September 26, 1996 Page 553 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5286 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (10.) Consider Resolution No. 5287 approving changes to the By - Laws of Civic Lubbock, Inc. RESOLUTION NO.5287 WHEREAS, Civic Lubbock, Inc., was incorporated as a private, non-profit corporation under the laws of the State of Texas for fostering and promoting the presentation of wholesome educational and cultural programs, attractions and entertainment in the City of Lubbock, Texas; and WHEREAS, Article XVI of the By -Laws of Civic Lubbock, Inc., requires submission to the City Council of the City of Lubbock of any amendments, supplements or changes in the By -Laws before the same may become effective; and WHEREAS, the Board of Directors of Civic Lubbock, Inc., has voted to adopt the Amended By -Laws of Civic Lubbock, Inc., to facilitate changes in the operations of Civic Lubbock, Inc., requested by the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to approve the proposed Amended By - Laws as approved by the Board of Directors; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Amended By -Laws of Civic Lubbock, Inc., duly approved by the Board of Directors of Civic Lubbock, Inc., a copy of which are attached hereto and made a part hereof for all intents and purposes are hereby reviewed and approved by the City Council of the City of Lubbock. Passed by the City Council this 26th day of September 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/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture & Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 553 City Council Minutes September 26, 1996 Page 554 According to staff memo, the existing by-laws for Civic Lubbock, Inc., state that there will be fifteen Board of Directors. Staff has recommended and the Civic Lubbock, Inc. Board has approved reducing the number of Board members to seven. Several of the functions currently handled by Civic Lubbock, Inc., are being transferred to either METTS or the City of Lubbock, effective October 1, 1996. By reducing the responsibilities, this Board no longer requires 15 members. There are five members of the Board whose terms expired August 1, 1996, and it was the consensus of the Board that members currently serving jointly on the METTS Board and Civic Lubbock, Inc. Board would resign, leaving seven members to serve. A reduction in the number of directors requires a change in the by-laws. A second change involves the offices of Secretary and Treasurer. The by-laws currently state that the Civic Centers Manager will serve as Secretary of the corporation and the City of Lubbock's Finance Director, or designated representative, shall serve as Treasurer. The proposed changes in the by-laws combine these two offices and require that it be held by an elected Board member. Key provisions of the amended by-laws include: Reduction of the number of Directors from fifteen to seven. Elimination of City staff as Secretary and Treasurer, combining the offices of Secretary and Treasurer and providing for an elected Board member to serve in that capacity. The changes will become effective October 1, 1996. Any changes in the by-laws of Civic Lubbock, Inc., requires that they be presented to City Council for review and approval. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5287 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) Consider Resolution No. 5288 authorizing the Mayor to execute an amended agreement between Civic Lubbock, Inc., and the City of Lubbock. RESOLUTION NO. 5288 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, attached herewith, by and between the City of Lubbock and Civic Lubbock, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 554 City Council Minutes September 26, 1996 Page 555 Passed by the City Council this 26th day of September 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/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture & Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, as part of the consolidation and coordination of efforts, Civic Lubbock, Inc., is being restructured. Certain functions performed by Civic Lubbock, Inc., have been transferred to METTS, effective October 1, 1996. These functions include the local grant program, the Walk of Fame and Terrace Inductions, and the sponsorship and/or co-sponsorship of national touring shows and productions. Council approved this action in July 1996. In addition, effective October 1, 1996, the food concession and ticketing operations will be transferred to the City and handled by the Civic Centers staff. $70,000 per year will be paid to METTS from the revenues generated by the food concession operation to fund the functions being transferred to METTS. This payment arrangement is included in the agreement between METTS and the City of Lubbock that was approved in July 1996. Civic Lubbock, Inc., will continue to hold the liquor license and handle the alcoholic beverage operations for the Civic Center and the Auditorium/Coliseum. The profits from these sales will be used to foster and promote cultural and educational programs in and around these facilities, with an emphasis on public art programs. With these changes it is necessary to amend the current agreement between the City and Civic Lubbock, Inc. Key provisions of the revised agreement include: The commission to be paid to the City of Lubbock is being reduced to 20 percent. In July 1995, the commission was raised from 20 to 30 percent. With the divestiture of the food operations from Civic Lubbock, Inc., and associated reduction 555 City Council Minutes September 26, 1996 Page 556 in generated revenues, it was felt that a 20 percent commission was a realistic figure to ensure that the corporation remains financially stable and be able to fulfill its mission of providing public art programs. The operation of the food/soft drink concessions and computerized ticketing system has been deleted from the license. These functions will be handled by the City of Lubbock, through the Civic Centers Department. The reserve cash fund balance is being reduced from $100,000 to $50,000. This balance is used as an operating reserve. With the reduction of services, it was felt that a $50,000 operating reserve will be sufficient to carry out the functions of the Corporation. The City will lease the concession equipment used for the food/soft drink concessions and computerized ticketing equipment currently owned by Civic Lubbock, Inc., for $1.00 per year. The City will be responsible for the maintenance and replacement of the equipment. Any equipment replaced by the City will then be the property of the City. The City will purchase a portion of the consumable inventory from Civic Lubbock, Inc., as it is used on a cost of goods basis, not to exceed $15,000. This will allow for a smoother transition of transferring the operation until the City can establish accounts with vendors and follow required bidding procedures for product. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5288 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) Consider Resolution No. 5289 approving the Lubbock Emergency Communication District budget and service fee for fiscal year 1996-97. RESOLUTION NO.5289 WHEREAS, under the authority of V.T.C.A., Health & Safety Code, Chapter 772, Subchapter D, Lubbock County voters approved in a Lubbock County Election, April 5, 1986, the creation of the Lubbock Emergency Communication District; and WHEREAS, the Lubbock Emergency Communication District Board of Managers approved the L.E.C.D. proposed budget for FY 1996-1997 and set the service fee at 4.5% of the telephone base rate, acting under the authority of V.T.C.A., Health and Safety Code, Section 772.314; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock City Council hereby approves the Lubbock Emergency Communication District Budget for Fiscal Year 1996-97 and the L.E.C.D. action in setting the service fee at 4.5% of the telephone base rate as defined by V.T.C.A., Health and Safety Code, Section 772.314. 556 City Council Minutes September 26, 1996 Page 557 Passed by the City Council this 26th day of September 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/ Thomas W. Tuning Thomas W. Tuning, Managing Director Information & Communication Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, the Lubbock Emergency Communication District Board of Managers unanimously approved the Fiscal Year 1996-97 budget and service fee on September 4, 1996. The budget is approved at $903,000 with revenues projected to be $1,033,710. The service fee will remain at 4.5 percent of the telephone base rate. Fifty percent of the District's operating budget is used to cover the cost of telephone circuits, 29 percent is for personnel costs, and 21 percent is used for maintenance, supplies, contingency funds, and other expenses. The 1996-97 budget represents a 2.8 percent increase from the fiscal year 1995-96 budget. Staff recommended approval of the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5289 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) Consider and approve the reallocation of CDBG funds. This item was deleted from the agenda. (14.) Consider Resolution No. 5290 authorizing the Mayor to execute a contract between the City of Lubbock and ARK Hospital for Pets to provide the services of Dr. Sonja Lee as -- veterinarian for the City of Lubbock Animal Services Department. 6SIV/ City Council Minutes September 26, 1996 Page 558 RESOLUTION NO.5290 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 Agreement between the City of Lubbock and ARK Hospital For Pets to provide the services of Dr. Sonja Lee as Veterinarian for the City of Lubbock Animal Services Department, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September 1996. /s/ Alex "Tv" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 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/ Lina Reyes -Trevino Lina Reyes -Trevino, Assistant City Attorney According to staff memo, this contract will provide the City of Lubbock Animal Services Department a veterinarian in accordance with the Texas Health and Safety Code. In the past, a veterinarian was contracted with the City to provide services. When Charles Overstreet was hired, staff was able to use his license to stay in compliance with the Texas Health and Safety Code. With his departure, it becomes necessary to contract with a veterinarian to provide health inspections of animals in rabies observation, provide inspection of rabies quarantine facility and provide consultation on animals brought into the shelter. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5290 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 558 City Council Minutes September 26, 1996 Page 559 (15.) Consider a resolution authorizing the Mayor to execute a "Cops More `96" grant application with the United States Department of Justice. This item was deleted from the agenda. (16.) Consider Resolution No. 5291 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and Lubbock County regarding partial funding of the Reese Air Force Base redevelopment effort. RESOLUTION NO. 5291 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 Interlocal Corporation Agreement for Reese AFB Redevelopment, attached herewith, by and between the City of Lubbock and Lubbock County, Texas and any associated documents, which Agreement shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September 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/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Interlocal Corporation Agreement for Reese AFB Redevelopment is filed with Resolution 5291. According to staff memo, at the August 26, 1996, Lubbock County Commissioners' Court meeting, the County Commissioners approved an appropriation of $15,000 to be used toward the efforts of redeveloping Reese Air Force Base. County staff has requested the City approve an interlocal agreement which would transfer the monies to the City of Lubbock and be included in the Reese Redevelopment budget. City staff has proposed to budget these dollars in the contractual services account which will be used for paying a land use consultant. This contract was let in May 1996. 559 City Council Minutes September 26, 1996 Page 560 The City currently has $300,000 budgeted for redevelopment efforts. The Office of Economic Adjustment (OEA) has already approved a $451,960 grant for planning monies to be utilized by the City for reusing the base. Staff is still pursuing an increase in the grant amount from OEA for 1996-97 to cover the cost of other planning activities. In August 1996, the Lubbock City Council approved a joint resolution with Lubbock County to endorse the formation of the Lubbock/Reese Redevelopment Authority. The mission of this organization is to replace or exceed the 2,500 jobs lost due to the closure of Reese Air Force Base. The $15,000 appropriated by Lubbock County will help offset some of the costs associated with redeveloping Reese Air Force Base. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5291 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Bid #13631--Chiller Replacement for Lubbock Memorial Civic Center, and authorize same (Culture & Leisure). This item was deleted from the agenda. (18.) Bid #13653--Arnett Benson, Chatman Hill and Harwell Sidewalk Construction, and authorize same (Community Development). RESOLUTION NO.5292 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, attached herewith, by and between the City of Lubbock and Birchwood Construction, Inc. of Levelland, Texas, to install and furnish all materials and services as bid for the Arnett Benson, Chatman Hill, and Harwell Sidewalk construction, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 560 City Council Minutes September 26, 1996 Page 561 Passed by the City Council this 26th day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of September, 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 BIRCHWOOD CONSTRUCTION, INC. of the City of Levelland, County of Hockley, 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 # 13653 - ARNETT BENSON, CHATHAM HILL AND HARWELL SIDEWALK CONSTRUCTION - $110,650.00 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. 561 City Council Minutes September 26, 1996 Page 562 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/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel 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: BIRCHWOOD CONSTRUCTION, INC. By: V. R. Michaels, Jr. PRINTED NAME: V. R. Michaels Jr. TITLE: President COMPLETE ADDRESS: Birchwood Construction, Inc. PO Box 8241 Levelland, Texas 79338 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5292 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Bid # 13 665--Network Transformers (Electric Distribution). Wesco Distribution-2 Ea 750 KVA Pad Mounted Network Transformers; 2 Ea 1,000 KVA Submersible Network Transformers. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (20.) Bid 413666--ACM Abatement at 19th Street Senior Center, and authorize same (Building Services). RESOLUTION NO. 5293 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, attached herewith, by and between the City of Lubbock and Vanco Insulation Abatement of Midland, Texas, to install and furnish all materials and services as bid for the ACM Abatement at 19th Street Senior Center, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 562 City Council Minutes September 26, 1996 Page 563 Passed by the City Council this 26th day of September 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of September, 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 VANCO INSULATION ABATEMENT, INC. of the City of Midland, County of Midland, 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 # 13666 - ACM ABATEMENT AT 19TH STREET SENIOR CENTER- $91,161.00 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. 563 City Council Minutes September 26, 1996 Page 564 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/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ illegible 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: VANCO INSULATION ABATEMENT, INC. By: Coy Crow PRINTED NAME: Coy Crow TITLE:President COMPLETE ADDRESS: Vanco Insulation Abatement, Inc. 5804 So. RM Rd. 1788 Midland, Texas 79706 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5293 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Bid #13668--Signage & Graphic Improvements at Lubbock International Airport, and authorize same (Aviation). RESOLUTION NO.5294 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, attached herewith, by and between the City of Lubbock and Lee Lewis Construction Co. for construction of signage and graphics improvements at the Lubbock International Airport, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 564 City Council Minutes September 26, 1996 Page 565 Passed by the City Council this 26th day of September 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/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of September, 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 LEE LEWIS CONSTRUCTION, 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 # 13668 - SIGNAGE AND GRAPHIC IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT - $1,181,800.00 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. 565 City Council Minutes September 26, 1996 Page 566 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/ Kaythie Darnell CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM Secretary APPROVED AS TO CONTENT: /s/ H. David Jones CONTRACTOR: Owner's Representative LEE LEWIS CONSTRUCTION, INC. APPROVED AS TO FORM: By: Lee Lewis /s/ Don Vandiver City Attorney PRINTED NAME: Lee Lewis TITLE: President ATTEST: COMPLETE ADDRESS: Corporate Secretary Lee Lewis Construction, Inc. PO Box 65197 Lubbock, Texas 79413 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5294 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (22.) Bid #13674--Cold Water Propeller Type Meters (Water Utilities). Water Specialties Corporation— 15 Ea 4" Cold Water Propeller - Type Meters; 2 Ea 6" Cold Water Propeller - Type Meter; 4 Ea 8" Cold Water Propeller - Type Meter. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (23.) Bid #13677--Construction of Fire Station #7 Facility, and authorize same (Building Services). RESOLUTION NO, 5295 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, attached herewith, by and between the City of Lubbock and David Wood Construction, Inc. of Lubbock, Texas, to install and furnish all materials and services as bid for the construction of Fire Station #7 facility, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. .: City Council Minutes September 26, 1996 Page 567 Passed by the City Council this 26th day of September 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of September, 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 DAVID WOOD CONSTRUCTION, INC. of the City of, County of, 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 # 13677 - CONSTRUCTION OF FIRE STATION #7 FACILITY - $775,000.00 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. 567 City Council Minutes September 26, 1996 Page 568 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. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Alex "Ty" Cooke /s/ Kaythie Darnell MAYOR PRO TEM Secretary APPROVED AS TO CONTENT: /s/ illegible CONTRACTOR: Owner's Representative DAVID WOOD CONSTRUCTION, INC. APPROVED AS TO FORM: By: David L. Wood /s/ Don Vandiver City Attorney PRINTED NAME: David L. Wood TITLE: President ATTEST: COMPLETE ADDRESS: Corporate Secretary David Wood Construciton, Inc. 5501 Spur 327 Lubbock, Texas 79424 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5295 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24.) Bid 413692--Pivot Extenders (Land Application Site). Mesa Irrigation--6 Ea 6 5/8" Pivot Extenders; 6 Ea 8" Pivot Extenders. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (25.) Bid #13697--Mobile Well Management System (Water Treatment). Arts' Manufacturing & Supply--1 Ea Mobile Well Management System. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) ZONE CASE NO.2781 (K. N. Clapp Park - south of 40th Street and east of University) --Hold a public hearing to consider request of the Urban Design and Historic Preservation Commission (for Lubbock Heritage Society) for a zoning change from R-1 to R-1 (DH) (historic landmark designation) on a portion of Lot 2, Block 13, Crump 5 Acre Addition, and to consider ordinance. This item was deleted from the agenda. 568 City Council Minutes September 26, 1996 Page 569 (36.) Consider Resolution No. 5296 calling a Special Election for January 18,1997, to fill a vacancy in the Office of Mayor. RESOLUTION NO. 5296 WHEREAS, the resignation of Mayor David Langston on September 5, 1996, has created a vacancy on the City Council of the City of Lubbock; and WHEREAS, the City Charter of the City of Lubbock requires such vacancy to be filled by a special election called for such purpose; and WHEREAS, since the November uniform election date in even numbered years is not available for a special election to fill a vacancy in municipal offices, the next available election date complying with the requirements of the City Charter and Sections 41.001, 41.003 and 201.052 of the Election Code is January 18, 1997; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor pro tempore of the City of Lubbock is hereby authorized and directed to execute an appropriate Order and Notice of Special Election for January 18, 1997, to fill the vacancy in the position of Mayor. Passed by the City Council this 26th day of September 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Harold Willard Harold Willard, Interim City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This item is required by the resignation of Mayor David R. Langston. An election to fill the vacancy must be ordered as soon as possible after the resignation (EC 201.051) and the election shall be held at the first authorized uniform election date occurring on or after the 30th day after the election is ordered (EC 201.052). An Order and Notice of Special Election will be prepared by October 10 for the Mayor Pro Tern to execute. Staff recommended the approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution No. 5296 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (39.) Confirm appointment of Carlos Thornton to the Lubbock Housing Finance Corporation. 569 City Council Minutes September 26, 1996 Page 570 Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to appoint Carlos Thornton to the Lubbock Housing Finance Corporation. Motion carried: 6 Yeas; 0 Nays. (40.) Confirm reappointment of Wayne Hollingshead and Brian Shannon to the Mental Health and Mental Retardation Board of Trustees. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to reappoint Wayne Hollingshead and Brian Shannon to the Mental Health and Mental Retardation Board of Trustees. Motion carried: 6 Yeas; 0 Nays. (41.) Confirm reappointment of Jay Matsler to the Mental Health and Mental Retardation Public Responsibility Committee. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to reappoint Jay Matsler to the Mental Health and Mental Retardation Public Responsibility Committee. Motion carried: 6 Yeas; 0 Nays. (42.) Confirm appointment of Hank Behrens as the Friends of the Library Representative to the Lubbock Libraries Board. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to appoint Hank Behrens as the Friends of the Library Representative to the Lubbock Libraries Board. Motion carried: 6 Yeas; 0 Nays. (43.) Consider one appointment to the Mental Health and Mental Retardation Board of Trustees. Motion was made by Councilmember Neugebauer, seconded by Councilmember Sitton to appoint Jim Bertram to the Mental Health and Mental Retardation Board of Trustees. Motion carried: 6 Yeas; 0 Nays. (29.) Hold a public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit on a tract located approximately 1352 feet north and 2652 feet west of the southeast corner in Section 5, Block A, Lubbock County, Texas. Designation of well is Texland-Lif-Lubheirs #17. Mayor Pro Tern Cooke opened the public hearing at 10:27 a.m. Dub Bratcher appeared on behalf of Texland Petroleum to present this request for an oil drilling permit. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 10:28 a.m. (30.) Consider approval of an oil drilling permit for Texland-Lif- Lubheirs #17. Randy Henson, Senior Planner, presented staff comments. On August 21, 1996, the Planning Department received an application for a permit to drill the above described well. The City of Lubbock has an interest to the mineral rights within the production unit and the well is on City property. Texland owns the lease for the property. The storage site is proposed in conjunction with an existing tank battery. 570 City Council Minutes September 26, 1996 Page 571 The application is in order. The production unit contains 40 acres and has a maximum diagonal of less than 3,000 feet. Texland proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site and storage site is proposed from East Erskine on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is uninhabited and current use is agricultural. The well is at least 2000 feet north of existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated (City property) on the Comprehensive Land Use Plan. With additional wells in the immediate area, few long term negative impacts are anticipated. The staff recommended approval subject to the following conditions: No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. The permittee shall require that a first series of casing be set when drilling reaches a depth of 400 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 Texland Petroleum for Lif- Lubheirs #17. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approval this oil drilling permit as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (31.) Hold a public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit on a tract located approximately 2637 feet south and 2080 feet west of the northeast corner in Section 1, Block D-4, Lubbock County, Texas. Designation of well is Texland-CLU #47-4. Mayor Pro Tern Cooke opened the public hearing at 10:30 a.m. Dub Bratcher appeared on behalf of Texland Petroleum to present this request for an oil drilling permit. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 10:31 a.m. 571 City Council Minutes September 26, 1996 Page 572 (32.) Consider approval of an oil drilling permit for Texland-CLU #47-4. Randy Henson, Senior Planner, presented staff comments. On August 21, 1996, the Planning Department received an application for a permit to drill the above described well. The storage site is proposed in conjunction with an existing tank battery. The application is in order. The request is for an additional well to enhance a secondary recovery pooled unit. Texland proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is proposed from Kent on private property. SHORT TERM IMPACTS A minimum of impact is expected for the short term since the area is uninhabited and current use is agricultural. The well and storage site are remote from any existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated single-family on the Comprehensive Land Use Plan. Additional wells are in the immediate area. Since little additional development is projected in the immediate area, few long term negative impacts are anticipated. The staff recommended approval subject to the following conditions: No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. The permittee shall require that a first series of casing be set when drilling reaches a depth of 400 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 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 Texland Petroleum for CLU #47-4. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve an oil drilling permit as recommended by staff. Motion carried: 6 Yeas; 0 Nays. An announcement was made that the Council would adjourn as a City Council and convene as a regulatory body. 572 City Council Minutes September 26, 1996 Page 573 (33.) Continue a public hearing for Energas Rate request. Mayor Pro Tem Cooke opened the public hearing at 10:32 a.m. Anna Mosqueda, Director of Management Services, presented staff comments. Cecil Puryear appeared in opposition. Mayor Pro Tem Cooke closed the hearing at 10:53 a.m. (34.) Consider an order setting rates for consumption of gas sold by Energas. On May 31, 1996, Energas submitted a request for a total 7.6 percent rate increase for all classes effective July 5, 1996. The West Texas cities impacted by the proposed rate increase contracted with Diversified Utilities Consultants, Inc. (DUCI) of Austin to conduct a rate analysis of the proposed Energas increase and submit its recommendations for city representatives to evaluate and then submit final recommendations to their respective city councils. The recommendations submitted to the West Texas Cities Steering Committee by DUCI included adjustments totaling approximately a 3 percent decrease to Energas' proposed rate revenues. Overall their recommendation was: A reduction in the Company's requested annual increase of $3,259,268 resulting in an increase of $4,417,011 rather than the $7,676,279 originally requested. Decreasing the proposed rate from 7.6 percent to approximately 4.1 percent. A $.31/month customer charge with the remainder of rate increase collected through volumetric charge. The rate design proposed by Energas would result in the entire increase being in the customer charge portion of the bill. Elimination of the Company proposed increase from the customer charge and inclusion of the DUCI recommended increase in the volumetric or commodity charge. A compromise agreement is recommended by the West Texas Cities Steering Committee which would: approve a rate of 5.3 percent rather than 7.6 percent delay the increase to bills to be effective November 1 shift a portion of the rate increase to the volumetric charge rather then being borne entirely by the customer charge portion of the bill. This reduces the residential customer charge portion of the bill from the $8.87 original Energas request to $6.50 — an increase of $0.93 over the current residential customer charge of $5.57. The balance is made up in the volumetric charge based on usage. 573 City Council Minutes September 26, 1996 Page 574 An average residential customer bill (based on 6 Mcf) would be impacted as follows: Current: $30.28 Original Energas proposal: $32.38 West Texas. Cities compromise: $30.91 The compromise proposal does distribute some of the burden more equitably. Staff position is that the smallest users are still hit with the largest share of the cost and that in future rate requests Energas should consider more diligently addressing the burden placed on smaller users when the major portion of a rate increase is placed on the customer charge. In addition, when comparing the rates for West Texas Cities compared to rates paid by the City of Amarillo, Staff do not compare favorably as far as either the customer charge or the volumetric charge. Although Energas indicates that there are several factors — including size of infrastructure investment, customer volume usage, variations in regional weather patterns, etc., that drive rates staff would strongly encourage Energas to more precisely explain these variations prior to any future rate requests. As part of the compromise agreement, Energas has committed to a moratorium on any rate increases for the next two years. During that time staff will continue to analyze the variations in rates between the City of Amarillo and the group classified as the West Texas Cities which includes the City of Lubbock. In addition, a more in-depth analysis of the history of rate increases in the region than the 90 day time period allowed will be pursued in anticipation of future requests. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to accept the recommendation of the West Texas Cities Steering Committee as recommended by City staff. Motion carried: 5 Yeas; 1 Nay--Councilmember Hernandez. (27.) Consider Ordinance No. 9942 amending the Zoning Code related to tower and antenna locations within the city. ORDINANCE NO. 9942 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS AS CODIFIED IN CHAPTER 29 OF THE CODE OF ORDINANCES, WITH REGARD TO SITING, CO -LOCATION AND OTHER STANDARDS FOR TELECOMMUNICATIONS ANTENNAS AND TOWERS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Randy Henson, Senior Planner, presented staff comments. The proposed ordinance was created using information gathered from an industry task force and from other cities to determine how they have addressed the proliferation of towers. This proposed ordinance is a piecing together of information to reflect a structure that matches our zoning code. The task force reviewed the proposal with no negative feedback. 574 City Council Minutes September 26, 1996 Page 575 Currently, a zone case is required for every location under the specific use district. This proposal provides three alternatives for locating new antennas or towers for cellular, PCS or paging (TV and radio towers will remain separate and require specific use permits): The ordinance creates a list of development standards for new towers. In industrial districts (IHI, IDP, M-1 and M-2), if those standards are met, the staff can approve a new tower. The standards are designed to ensure that all attempts to co - locate on existing towers or use other existing structures are exhausted before a new tower is approved and to ensure other development related concerns. For an antenna on an existing tower or other structure that does not increase the existing height by more than twenty feet, all that is needed is a construction permit in any zoning district. If the zoning at a proposed location is residential or commercial, Staff will continue with a specific use zone case subject to answering the development standards and co -location questions noted in #1 above. The standards included for consideration and requirements for information include: Existing site inventory — to build a data base of tower locations to share with potential users. Evidence that co -location is not reasonable in the vicinity where a new tower is proposed. Provision of a site plan. A setback from existing residential homes equal or greater than the height of the tower. Setback of the tower and structures will meet setback for the applicable zoning district. The site shall be fenced. The tower shall be painted blue, gray or remain a galvanized finish. Buildings will match surrounding construction. Federal requirements will be met. A construction permit will be required. In the event an administrative permit is refused, the applicant may submit a zone case to have the question reviewed in a public hearing. As indicated, the staff has had no feedback since the last task force meeting. No members of the public spoke at the hearing. The Planning and Zoning Commission recommended approval of this ordinance and City staff supported their recommendation. 575 City Council Minutes September 26, 1996 Page 576 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on first reading Ordinance No. 9942 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (28.) ZONE CASE NO.2782 (parking lot on NE corner of 22nd Street and Nashville Avenue - 3810 22nd Street) --Hold a public hearing to consider request of Lubbock Radio Paging Service, Inc. (for Saint Mary of the Plains Hospital) for a zoning change from AM to AM Specific Use (for a communications tower) on a portion of Lot 9, Block 1, Jim Floyd Addition, and to consider ordinance. ORDINANCE NO. 9943 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2782; A ZONING CHANGE FROM AM TO AM SPECIFIC USE ZONING FOR A COMMUNICATIONS TOWER ON A PORTION OF LOT 9, BLOCK 1, JIM FLOYD ADDITION, 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 11:05 a.m. Ethel McLeod appeared on behalf of Saint Mary of the Plains Hospital to present this request for zone change from AM to AM Specific Use. Johnny Moore appeared in opposition. Mayor Pro Cooke closed the hearing at 11:16 a.m. Randy Henson, Senior Planner, presented staff comments. This is a request for a telecommunications tower for radio paging and possibly for dual use with a cellular company. The adjacent land uses are medically related and AM zoning in all directions from the proposed location. As Specific Use, the request complies with guidelines of the Comprehensive Land Use plan. In terms of zoning policy, the request meets the standards that will apply to cases in the future if the proposed ordinance on the agenda is approved. As an example: The tower is proposed as a dual use tower. A site plan is presented. The tower meets separation from residential. Setback exceeds minimum for the AM district. The compound will be fenced. Aesthetically, the tower will have a galvanized finish. The owner of the vacant lot across the alley objected in terms of property value and expressed his opinion about danger of energy from radio signals. No other opposition has been expressed. The project will have no effect on traffic. The proponent originally tried to locate this antenna on Methodist's parking garage, but due to technical problems this was not possible. 576 City Council Minutes September 26, 1996 Page 577 The Planning and Zoning Commission recommended approval of the request subject to the following condition: The tower be designed and constructed as suitable for dual use. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on first reading Ordinance No. 9943 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. An announcement was made that the Council would adjourn as a regulatory body and reconvene as a City Council. (35.) Consider a resolution authorizing the Mayor to approve an Analysis of Impediments to Fair Housing Choice. This item has been deleted from the agenda. The City Council recessed into executive session at 11:20 a.m. (37.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager and City Secretary). (38.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Police and Water Utilities). The City Council reconvened from executive session at 12:37 p.m. 577 City Council Minutes September 26, 1996 Page 578 There being no further business to come before Council, motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to adjourn the meeting at 12:37 p.m. Motion carried: 6 Yeas; 0 Nays. ALEX "TY" COOKE, M R PRO TEM ATTEST: arold Willard, tnterim City Secretary Read and approved this 1 Oth of March 1997. ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: Harold Willard, Interim City Secretary 578