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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/12/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 12,1996 8:30 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 12th day of December 1996, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 8:30 A.M. Present: Mayor Pro Tem Alex Cooke, Councilmember T. J. Patterson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Absent: Councilmember Victor Hernandez. Mayor Pro Tem Cooke called the meeting to order at 8:35 A.M. ( 1.) The Invocation was given by Larry Brooks, Pastor of Community Baptist Church. (2.) Pledge of Allegiance was given in unison by those in the City Council Chambers. The City Council adjourned into Executive Session at 8:38 A.M. The City Council reconvened at 10:25 A.M. (3.) Board Appointments. (4.) Presentation by Mayor Pro Tem Cooke to KCBD TV (Channel 11) and the Lubbock Avalanche -Journal Classified Advertisement Section, in appreciation of their efforts on behalf of Animal Services. KCBD TV and John Robison provide the "Weather Pet" segment on their news programs, enabling citizens to locate lost pets, or the adoption of pets into the community. KCBD TV has provided this segment for Animal Services for three years, and this is an on- going service. The Lubbock Avalanche -Journal has participated in "Christmas for the Animals" for the past two years, with a coloring and photo contest. The newspaper also participated in the "Adoptathon", making the adoption of 70 animals, in a 32-hour period, a reality. Barbara Gee and Ed Gambarrella, Lubbock Avalanche -Journal classified advertising employees, insert pictures of adoptable animals in the classified section and Tara Maguire, another Lubbock Avalanche -Journal employee, publishes the animal shelter newsletter. Mayor Pro Tem Cooke presented John Robison of KCBD TV and Ed Gambarrella of the Lubbock Avalanche -Journal with the awards. City Council Minutes December 12, 196- ( 9 ci Page 704 k� a3) 03 ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the November 21, 1996, Regular City Council Meeting as written. Motion carried: 4 Yeas; 0 Nays. ( 6.) ORDINANCE NO. 9947--Abandoning and closing a portion of a right-of-way easement located in Section 2, Block J-S, Lubbock County (6202 4th Street). ORDINANCE NO.9947 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A RIGHT- OF-WAY EASEMENT LOCATED IN SECTION 2, BLOCK J-S, 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 OF REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9947 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. ( 7.) ORDINANCE NO.9948--Abandoning and closing a portion of a 30-foot right-of-way easement located in Section 25, Block A, Lubbock County (4500 Idalou Highway). ORDINANCE NO.9948 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A RIGHT- OF-WAY EASEMENT LOCATED IN SECTION 25, BLOCK A, 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 Ince to pass on second and final reading Ordinance No. 9948 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. ( 8.) ORDINANCE NO. 9949--Zone Case No. 921-K (5225 Avenue Q)--Request of Lubbock Commercial Building (for Ted Rushing) for a zoning change from C-3 to C-4 limited to used vehicle sales and all permitted C-3 uses on a portion of land out of Lot B, Briercroft 2°d Addition. ORDINANCE NO.9949 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 921-K; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON LOT B, BRIERCROFT 2ND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 704 City Council Minutes December 12,496-- Page 705 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9949 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (9.) ORDINANCE NO. 9950--Zone Case No. 2784 (512 E. 23ra Street) --Request of Dale Richardson (for Richardson's Development) for a zoning change from C-3 to C-4 Specific Use (dance hall) on a portion of land out of the north 62.5 feet of Lot 17, Block 35, Wheelock Addition. ORDINANCE NO. 9950 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2784; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING AS A DANCE HALL FOR A PORTION OF LAND OUT OF THE NORTH 62.5 FEET OF LOT 17, BLOCK 35, WHEELOCK 2ND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9950 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (10.) ORDINANCE NO. 9951--Zone Case No. 2785 (south of 98tn Street and east of Avenue U)--Request of Harold Zapata (for Texico Conference Association of Seventh Day Adventist) for a zoning change from T to A-2 limited to church and church related uses on nine acres of land out of Section 10, Block E-2. ORDINANCE NO. 9951 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2785; A ZONING CHANGE FROM T TO A-2 ZONING ON NINE ACRES OF LAND OUT OF SECTION 10, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9951 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (11.) ORDINANCE NO.9952--Amending Section 8-4 of the Code of Ordinances to establish two new voting precincts as a result of annexation. 705 City Council Minutes December 12, 1-96- 1 '�A `t b Page 706 k t al �3jo� ORDINANCE NO.9952 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCT BOUNDARIES, VOTING PLACES, AND VOTING DISTRICTS AS REQUIRED BY LAW DUE TO ANNEXATION OF NEW TERRITORY INTO THE CITY OF LUBBOCK; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9952 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (12.) Consider Ordinance No. 9953 abandoning and closing a portion of 3rd Street adjacent to Lot 9, Block 8, William Tubbs Addition (301 Avenue M). ORDINANCE NO. 9953 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 3RD STREET LOCATED ADJACENT TO LOT 9, BLOCK 8, WILLIAM TUBBS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance closes a 3,106 square foot portion of 3'd Street east of Avenue M. This portion of Third Street is a dead end piece of street area and will be used as a parking area for the business to the south and is being replatted. This piece of street right-of-way is valued at 25 cents per square foot from adjacent land values and the City will receive $776.50 for this piece of street area being closed. Staff recommended the approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 9953 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (13.) Consider Resolution No. 5357 authorizing the Mayor Pro Tem to execute a resolution and contract of sale for a tract of land out of Block 3, A-J Coleman Addition with James L. Purdy, Danny Coleman, Doyle Champion, Wanda Whitener, Marsa Lane, Barbara Ross, Jimmy Champion, and Vickie Champion (2411 Dartmouth). 706 City Council Minutes December 12, 195- 19 c16 Page 707 ( -�' -;� ) �3 ) 03 RESOLUTION NO. 5357 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to wit: for construction of a Fire Station, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to wit: A tract of land in Block Three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas, and being further described as follows: The West 175.2 feet of the East 302.2 feet of the North'/2 of Block Three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 444, Page 210, Deed Records, Lubbock County, Texas. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the purchase of the above described real property for the sum of $10,000.00 SECTION 3. THAT if the above Contract of Sale is not executed by December 12, 1996, by the Owners of the above described property, such Owners being James L. Purdy, Danny Coleman, Doyle Champion, Wanda Whitener, Marsa Lane, Barbara Ross, Jimmy Champion, and Vickie Champion, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for the public purposes and municipal purposes as aforesaid. 707 City Council Minutes December 12, +96 1 cn b Page 708 R -� � Passed by the City Council this 12th day of December 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section According to staff memo, this tract of land is needed for additional fire station land for the new station on North University. This tract of land is west of University Avenue on the south side of Dartmouth Street and contains 21,900 square feet. The tract measures 175.2 feet east to west and 125 feet north to south and was appraised at $11,000 or 50 cents per square foot. Westar Realtors has the property listed for $10,000 which will be our offer to the Champion -Coleman Family. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5357 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (14.) Consider Resolution No. 5358 authorizing the Mayor Pro Tem to execute a Quitclaim Deed in favor of H. E. Dregne (340139tn Street). RESOLUTION NO. 5358 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 H. E. Dregne, 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. 708 City Council Minutes December 12, 1-9 ►�i�t 6 Page 709 Passed by the City Council this 12th day of December 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, this resolution authorizes the Mayor to convey a strip of excess Indiana Avenue right-of-way to the adjacent property owner. The City is selling this 36.77 front foot wide strip of Indiana Avenue right-of-way for $5.00 per front foot or $183.85 total. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5358 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (15.) Consider Resolution No. 5359 authorizing the Mayor Pro Tem to execute a Quitclaim Deed in favor of Bennie and Bernice McMillan (3401 35`h Street). RESOLUTION NO.5359 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. /1' City Council Minutes December 12, 196— Page 710 Passed by the City Council this 12th day of December 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, this resolution authorizes the Mayor to convey a strip of excess Indiana Avenue right-of-way to the adjacent property owner. The City is selling this 5.65 foot wide strip of Indiana Avenue right-of-way for $5.00 per front foot or $28.75 total. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5359 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (16.) Consider Resolution No. 5360 authorizing the Mayor Pro Tem to execute a Quitclaim Deed in favor of Bill and Ruby Power (3401 43rd Street). RESOLUTION NO. 5360 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 Ludy Massie Family Trust, 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. 710 City Council Minutes December 12, -1.96r j C19 6 Page 711 Passed by the City Council this 12th day of December 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, this resolution authorizes the Mayor to convey a strip of excess Indiana Avenue right-of-way to the adjacent property owner. This 21.88 front foot wide piece of Indiana Avenue is being sold for $5.00 per front foot for a total of $109.40. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5360 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (17.) Consider Resolution No. 5361 authorizing the Mayor Pro Tem to execute a Quitclaim Deed in favor of the Ludy Massie Family Trust (340138th Street). RESOLUTION NO. 5361 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 Ludy Massie Family Trust, 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 copies herein in detail. 711 City Council Minutes December 12, -196- iqc Page 712 R� Passed by the City Council this 12th day of December 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, this resolution authorizes the Mayor to convey a strip of excess Indiana Avenue right-of-way to the adjacent property owner. The City is selling this 21.74 front foot wide strip of Indiana Avenue right-of-way for $5.00 per front foot or $108.70 total. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5361 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (18.) Consider Ordinance No. 9954 abandoning and closing a temporary working easement located in Section 17, Block E-2, Lubbock County (4001 98th Street). ORDINANCE NO.9954 AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY WORKING EASEMENT LOCATED IN SECTION 17, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, AS RECORDED IN VOLUME 5134, PAGE 323 OF THE OFFICIAL REAL PROPERTY RECORDS OF 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. 712 City Council Minutes December 12, f96-- IG Page 713 Passed by the City Council this 12th day of December 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, this ordinance abandons and closes a 40- foot temporary working easement which the City acquired from Carl Russell in April of 1996 to construct a water line in the south right-of-way line of 98`h Street between Memphis Avenue and Quaker. The water line installation is completed and the City no longer needs this working easement. Staff recommended the approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 9954 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (19.) Consider Resolution No. 5362 authorizing the Mayor Pro Tem to execute a commercial tax abatement agreement with Avenue H Properties, Ltd. RESOLUTION NO. 5362 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Avenue H Properties, LTD., 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. 713 City Council Minutes December 12, 4-9& 19 c� (, Page 714 kc� D, (o'3) b3 Passed by the City Council this 12th day of December 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Cheryl Brock Cheryl Brock, Business Development APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, the City has received a request from Avenue H Properties, Ltd. for commercial tax abatement in the North Enterprise Zone. Avenue H Properties plans to renovate an existing building located at 1802 Avenue H into a 1930's Spanish Renaissance Revival Architectural Drugstore. This building is located in the Depot District. Avenue H Properties plans to invest $135,000 in the renovations of the existing facility. The breakdown will be $100,000 for the renovations of the existing structure, the remaining $35,000 for equipment and furnishings. The annual amount of tax abatement will be $790.97. The total amount of tax abatement over the life of the contract would be approximately $3,955. The total present value of the existing structure and real property is $25,253. The total tax collections on the existing structure are approximately $560 annually. Avenue H Properties has committed to create 20 new jobs with this new business within twelve months. The project will add $135,000 in new value to the tax base in the North Enterprise Zone and will result in the employment of 20 persons. Under the current commercial guidelines, Avenue H Properties is eligible and meets all the requirements for five years, 100 percent tax abatement. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5362 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 714 City Council Minutes December 12, f 96- 1 119 b Page 715 R.6o7� (20.) Consider Resolution No. 5363 authorizing the Mayor Pro Tem to execute an agreement with the Texas Workforce Commission. RESOLUTION NO. 5363 WHEREAS, the South Plains Regional Workforce Development Board, a nonprofit corporation established under the authority of the Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Texas Government Code), has received a grant from the Texas Workforce Commission in the amount of $165,000 for the establishment of a One Stop Career Center for the Lubbock area; and WHEREAS, the South Plains Workforce Development Board is in need of an interim fiscal agent until the board has staff and state approval to administer the grant funds as a board and has asked the City to serve as fiscal agent; and WHEREAS, the employment information and training services to be provided by the Lubbock One Stop Career Center of the South Plains Regional Workforce Development Board constitute a valuable public service for the citizens of Lubbock; and WHEREAS, the City Council of the City of Lubbock has declared the services provided to be a public purpose; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 associated documents between the City of Lubbock and the Texas Workforce Commission for establishment of a Lubbock One Stop Career Center by the South Plains Regional Workforce Development Board. Said agreement is 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 12th day of December 1996. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney, Office Practice /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 715 City Council Minutes December 12, 496- 19 `1 to Page 716 Ill, ) a I )_mod 0 3 A copy of the Grant from the Texas Workforce Commission is filed with Resolution 5363. Development Board has applied for and received a $150,000 grant of Wagner Peyser Funds from the Texas Workforce Commission to assist them in establishing a One Stop Career Center for the Lubbock area. Because the grant application was especially well written and the area was one of the first in the state to have their board certified by the Governor, they received an additional $66,000 for a total of $210,000. The One Stop Career Center will be available to serve all of the citizens of Lubbock, both employers and employees (including former employees and potential employees), by providing one single door through which the citizen may receive information on job openings, job training, unemployment insurance, veterans benefits, older worker programs, youth training programs, food stamp and JOBS training for welfare and former welfare recipients, employment testing, employer services and an expanding variety of other services. Establishment of a One Stop Center that includes the services provided by JTPA (Job Training Partnership Act), TWC (Texas Workforce Commission, formerly TEC), JOBS and Food Stamps (formerly under the Texas Department of Human Resources) programs within six months of board certification is a requirement under HB 1863, the State Law that allows creation of the workforce board. The Career Center will be housed temporarily at 1218 14`h Street, the current location of Jobsource+, until a place large enough to house the program can be located, and these grant funds will be used primarily to purchase computers to link the programs and for start up funds for the center. Authorization and oversight for spending the funds will be provided by the Workforce Board. The South Plains Workforce Development Board is a 35 member board representing a 15 county area which was established under HB 1863 for the purpose of developing a local plan for addressing the workforce development needs of the area, serving as a single point of contact for local business to communicate their skill needs, administering the funds for workforce development on a local level, a coordinating and assisting workforce education and encouraging economic development. Because Lubbock has 63 percent of the population of the region, 21 of the 35 members are from Lubbock and were appointed jointly by the Mayor and the County Judge. Fifty one percent of these members are from private industry and the rest represent labor, education, economic development, and community based organizations. As a new non-profit organization, the Board does not yet have a Financial Director or the necessary fiscal policies in place to satisfy the state and federal regulations for handling these grant funds. They have requested that the City, who is familiar with the federal and state regulations, act as an interim fiscal agent for these funds until the board has staff and State approval to be its own fiscal agent. The City would be reimbursed for actual costs incurred in administering the grant. It is anticipated that the Board will have staff in approximately six months. 716 City Council Minutes December 12, +96- 19 c Page 717 R� Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5363 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (21.) Consider Resolution No. 5364 adopting financial policies for the City of Lubbock. RESOLUTION NO. 5364 WHEREAS, the City of Lubbock has an important responsibility to its citizens to carefully account for public funds, prudently manage municipal finances, and plan for the adequate funding of services desired by the public; and WHEREAS, the purpose of the financial policies is to enable the City to achieve a long-term stable and positive financial condition by exercising integrity, prudence, responsible stewardship, planning accountability, and full and continuous disclosure; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached City of Lubbock, Texas, Financial Policies, which are incorporated in this resolution and included in the minutes of the Council as if set forth in their entirety, shall be adopted as the official financial policies for the City of Lubbock. Passed by the City Council this 12th day of December 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betst Bucy Betsy Bucy, Finance Manager APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney, Office Practice A copy of the City of Lubbock Financial Policies is filed with Resolution 5364. According to staff memo, at the November 21 Council Work session, a presentation was made to Council regarding proposed financial policies for the City of Lubbock for Council consideration. With the exception of a proposal to work toward a 3-month operating reserve in the enterprise funds and to allocate 717 City Council Minutes December 12, 146 19 9 b Page 718 i�� l 31 the growth portion of the property tax for infrastructure the policies basically documented the current practices of the organization. Although the Council has adopted various individual policies such as the Investment Policy and follows other financial policies such as the General Fund two-month's operating reserve as a matter of practice, staff is proposing that the Council formally adopt financial policies that insure the continuation of sound financial practices that have helped the organization enjoy a sound financial position and favorable bond rating. The City of Lubbock has an important responsibility to its citizens to carefully account for public funds, prudently manage municipal finances, and to plan for the adequate funding of services desired by the Public. The policies developed address the following areas: Financial Condition/Reserves and Stability Ratios Fund balances/retained earnings, risk management, investments and retirement plans) Revenues Expenditures Capital Assets Budget Appropriation/Control Debt Policy Economic Development Accounting/Auditing and Financial Reporting Following the Council work session presentation the City Council posed questions regarding overlapping tax rate comparisons as well as reserves in the Enterprise Funds. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5364 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (22.) Bid #13715--Restroom Facilities at Various City Parks, and authorize same (Park Development). RESOLUTION NO. 5365 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 Lubbock Building Services of Lubbock, Texas, to install and furnish all materials and services as bid for the Restroom Facilities at various City parks, and any associated documents, which 718 City Council Minutes December 12, +% f)cl b Page 719 KK -,)-'�3/b3 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. Passed by the City Council this 12th day of December 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, 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 12th day of December, 1996, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Mayor Pro Tem, Ty Cooke, thereunto authorized to do so, hereinafter referred to as OWNER, and LUBBOCK BUILDING SERVICES 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 4 13715 - RESTROOM FACILITIES @ VARIOUS CITY PARKS - $149,330.00 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. 719 City Council Minutes December 12, 1-% Page 720 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/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: LUBBOCK BUILDING SERVICES APPROVED AS TO FORM: By: Jerry Smith /s/ Don Vandiver City Attorney PRINTED NAME: Jerry Smith TITLE: President ATTEST: COMPLETE ADDRESS: Corporate Secretary Lubbock Building Services 5121 69th Street Lubbock, Texas 79424 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5365 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (23.) Bid #13724--Water Meters - Annual Pricing (Water Utilities). Master Meter, Inc.--3,460 Ea 1/4" x 5/8" Cold Water Multijet Type Water Meter; 1 Ea 6" Cold Water Class II Turbine Type Water Meter; 1 Ea 8" Cold Water Class II Turbine Type Water Meter. Precision Meters, Inc.--1,100 Ea 1" Cold Water Multijet Type Water Meter; 31 Ea 1 %" Cold Water Multijet Type Water Meter; 35 Ea 2" Cold Water Multijet Type Water Meter; 15 Ea 3" Cold Water Class II Turbine Type Water Meter; 5 Ea 4" Cold Water Class II Turbine Type Water Meter. Hersey Meters--6 Ea 3" Cold Water Class II Turbine; 2 Ea 4" Cold Water Compound Type Water Meter; 2 Ea 6" Cold Water Compound Type Water Meter. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (24.) Bid #13725--Mobile Data Terminals (Radio Shop). Motorola, Inc. —Total bid. 720 City Council Minutes December 12, .% 199 {� Page 721 R� ala3�b3 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (25.) Bid #13729--Bailey County Valve Stations, and authorize same (Water Utilities). RESOLUTION NO. 5366 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 Red River Construction Company of Plano, Texas, to install and furnish all materials and services as bid for the Bailey County Valve Stations, 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. Passed by the City Council this 12th day of December 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, 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 12th day of December, 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 RED RIVER CONSTRUCTION COMPANY of the City of Plano, County of Collin, 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: 721 City Council Minutes December 12, 1-°-6-- Page 722�� BID # 13729 - BAILEY COUNTY VALVE STATIONS - $369,900.00 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/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Soo Koon Soon for Mike Murphy Owner's Representative CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: RED RIVER CONSTRUCTION COMPANY APPROVED AS TO FORM: By: Dean Porter /s/ Don Vandiver City Attorney PRINTED NAME: Dean Porter TITLE: President ATTEST: COMPLETE ADDRESS: Corporate Secretary Red River Construction Company 1506 Capital Ave., Suite 200 /s/ Vicki A. Porter Plano, Texas 75054 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5366 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (26.) Bid #13730--#1/0 Aluminum 15KV Cable in Duct (Central Warehouse). Cummins Utility Supply —Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (27.) Bid #13740--Concrete - Annual Pricing (Street Department). 722 City Council Minutes December 12, 1.96- 19 91 (c, Page 723 k'b a k a --:0 o3 Transit Mix Concrete Materials —Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (28.) Bid #13743--Sand, Gravel & Caliche - Annual Pricing (Street Department). R. E. Janes Gravel Company--6,500 TN "00" Backfill Gravel; 5,300 TN Grade 3 Gravel; 300 TN Grade 4 Gravel; 5,200 TN Grade 5 Gravel; 200 TN Grade 6 Gravel; 500 TN Grade '/2" Base Course Gravel; 500 TN Grade 1/4" Base Course Gravel; 2,500 TN 1" Base Course Gravel; 300 TN 1" Concrete Rock; 100 TN Vealmore Exposed Aggregate, %"; 200 TN Brick Sand; 1,500 TN Stone Screening or Crushed Fines. West Texas Paving, Inc.--9,500 CY Crushed Caliche. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (29.) Bid #13744--Hot Mix - Annual Pricing (Street Department). Kerr Construction Company--700 TN Type "C" Hot Mix; 700 TN Type "D" Hot Mix; 600 TN Cold Mix; 100 TN Black Base. Williams & Peters Construction Company, Inc.--10,000 GL Prime Oil MC-30. —" Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (30.) Zone Case No. 2783 (4640 34th Street) --Continue a public hearing to consider request of Alamo Automotive Service for a zoning change from C-2 to C-4 for auto sales on Lot 8, Pounds Addition, and to consider ordinance. ORDINANCE NO.9955 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2783; A ZONING CHANGE FROM C-2 TO C-4 ZONING ON LOT 8, POUNDS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem reopened the public hearing at 10:23 a.m. Barry Jo Alcomb appeared on behalf of Alamo Automotive Services to present this request for a zone change from C-2 to C-4. Laura Atkins appeared in opposition to question if this variance would make the community a safer, cleaner place to live. Joy Tienert also appeared in opposition to ask if the increased traffic would create problems. Mayor Pro Tem closed the hearing at 10:45 a.m. 723 City Council Minutes December 12, 14� c� Page 724 Randy Henson, Senior Planner, presented staff comments. This case was continued to give the proponent and the adjacent neighborhood association time to work out their differences. In a situation similar to the case on Avenue Q, 34th Street is experiencing requests for heavier commercial as are other older thoroughfare streets in Lubbock. When the requests are limited to some of the less intense C-4 uses, it has been the opinion of the staff that a natural progression is taking place. The request is for one C-4 use (used vehicle sales) and to retain the existing C-2 uses. In the past the City Staff and Planning Commission have informally discussed moving some of the C-4 uses into C-3 as conditional uses, which still requires a ZBA hearing but opens up a greater range of locations for many businesses. No formal discussion has taken place. Mr. Henson gave the adjacent land use relationships as follows: North - apartments South - commercial East - commercial West - commercial On the day of the hearing, a letter was submitted by the Maedgen Area Neighborhood Association expressing concern for the cumulative effects of heavier zoning along 341h Street adjacent to their neighborhood. Mr. Landress did not appear at the hearing due to a previous commitment. The request is similar to one approved last year about two blocks west on the south side of 34`h Street. To the south of this parcel is an existing non -conforming C-4 automotive repair facility. The service station on the site is legal non -conforming. Prior to 1975, the automotive related businesses were permitted in the C-2 District. The single difference between this request and Zone Case 921-K with regard to the Comprehensive Land Use Plan is that 34th Street lacks the regional thoroughfare status of Avenue Q. 34th Street is a major street within the community. Staff indicated that when limited to specific permitted uses from the C-4 District, no negative impact has been noticed on adjacent neighborhoods. However, several zone cases in the past have indicated some groups have a definite dislike of used vehicle lots. The Planning Commission recommended the request subject to one condition: Limited to used vehicle sales and all unconditionally permitted C-3 uses. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9955 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 724 City Council Minutes December 12, +96, 1 qa b Page 725 Pco (31.) Hold a public hearing to consider the recommendation by the Planning and Zoning Commission to consider a name change for a portion of Avenue H between Municipal Drive and its intersection with I-27 at 24th Street, and to consider ordinance. ORDINANCE NO. 9956 AN ORDINANCE CREATING AN EXCEPTION TO SECTION 24-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY CHANGING THE NAME OF A PORTION OF AVENUE H BETWEEN MUNICIPAL DRIVE AND ITS INTERSECTION WITH 1-27 AT 24TH STREET; DIRECTING THE CITY ENGINEER TO REVISE THE OFFICIAL MAP OF THE CITY AND THE MAP FOR STREET NAMING TO REFLECT SUCH CHANGE; REQUIRING THE BUILDING OFFICIAL TO NOTIFY ALL GOVERNMENTAL AGENCIES AND ALL BUSINESSES AND RESIDENCES HAVING A MAILING ADDRESS UPON SAID STREET OF THE NAME CHANGE; AND REQUIRING THE CITY TRAFFIC ENGINEER TO INSTALL NEW STREET NAME SIGNS TO REFLECT THE NAME CHANGE. Mayor Pro Tem. Cooke opened the public hearing at 10:50 A.M. Joe McKay, Chairman of the Chamber of Commerce appeared on behalf of this request to change the name of Avenue H to Buddy Holly Avenue. Van White appeared to state that he was in favor 100 percent as did Romero Reyna. Cecil Puryear appeared in opposition. Mr. Puryear felt that additional Buddy Holly recognition was not needed, and that he preferred the alpha/numeric sequence. Irma Guerrero appeared on behalf of renaming Avenue Q to Buddy Holly Avenue and submitted a petition to the City Council. Judy Nelson also submitted a petition opposing renaming Avenue H. Mayor Pro Tem. Cooke closed the hearing at 11:18 A.M. Randy Henson, Senior Planner, presented staff comments. Ordinance No. 9927 requires an initial public hearing by the Planning Commission for a recommendation to the City Council. That hearing was on November 11, 1996. The request is for a change of name from Avenue H to Buddy Holly Avenue from Municipal Drive to about 241h Street at I-27. Ordinance No. 9927 also requires a petition approving the name change signed by "more than 50 percent of the owners abutting the street." When the initial petitions were submitted by the Chamber of Commerce, the City Engineer and Senior Planner reviewed the Appraisal District records against the signatures and found 40 owners in favor out of the 74 identified. Since that initial count, several additional petition sheets and letters have been submitted such that the proponents substantially exceed the code requirement. The item most discussed in name changes is the change of documents by individuals and companies (letterhead, checks, billing forms, etc.). The Postal Service indicates that, to help reduce that burden, mail is delivered with an out of date street name for one year with no questions asked. For the next six months the mail continues to be delivered with the yellow warning notice to the recipient on the letter. Joe McKay presented the request for name change from the Lubbock Chamber of Commerce. A number of advocates for the change were present but did not speak. 725 City Council Minutes December 12, 196 1`( q b Page 726 R, D1)31o� Other than the response from Mr. Puryear, little unexpected public comment was made during the planning and zoning meeting. Several spoke for and against the proposal. One exception was Ms. Irma Guerrero. She represented a group called "People for the Betterment of the Llano Estacado." Her presentation was for the name change but to change Avenue Q rather than Avenue H. Mr. McKay indicated to the Senior Planner that his group was unaware of this proposal. The Planning Commission had no comments or reaction to the proposal since Avenue Q was not the posted agenda item. The Planning Department did visit with Ms. Guerrero after the meeting and suggested that a letter to the Council might make her presentation more clear. In response to the business owners who spoke about problems with name changes, two questions were posed for answers by Traffic Engineering prior to the Council hearing: Q. Can TxDOT create a new sign with reference to (formerly Avenue H)? A. TxDOT can make the new signs, but there will be no reference to its previous name. That is not practical because it would have to be removed after a short time period. The signs are designed to last 10 years or more. Q. Can a number of old Avenue H signs simply be moved down the pole with the new sign on top to leave reference to Avenue H for some while, a transition period? A. Staff cannot slide the old Avenue H name down the pole because they are mounted on top of the pole. Also, it is not practical to make any reference to Avenue H on the overhead signs either. Joe McKay and Jere Hart have met to formulate a proposal that will help identify Avenue H for persons that may not be aware of the change. Both major phone books will have Avenue H addresses for another year. The existing Avenue H signs at the non -major intersections can remain on one side and the new Buddy Holly signs be placed on the opposite side for one year. The primary, large major intersection signs should be Buddy Holly only because intersections with Avenue H for $300-$400 more for labor. Traffic Engineering already has the street signs and poles. The Planning Commission recommended the change of Avenue H to Buddy Holly Avenue. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 9956 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (32.) Request by the City of Lubbock Solid Waste Department for an amendment to the Solid Waste Ordinance, Chapter 23, Article 1, Sec. 23-I and Sec. 23-21, establishing a disposal fee 726 City Council Minutes December 12, +96-- 1 ` 19 b Page 727 Qe10 a) a 3' b �3 for special wastes including contaminated foodstuffs and asbestos containing wastes. ORDINANCE NO. 9957 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ESTABLISHING RATES FOR SPECIAL WASTE REQUIRING SPECIAL HANDLING BY THE CITY OF LUBBOCK LANDFILL; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mildred Cox, Director of Transportation, presented staff comments. These types of wastes require the digging of a separate hole into which the wastes are placed. This hole is then covered with either garbage, already collected the day of disposal, or soil. The diversion of one spotter, one operator, and one compactor is required to complete the process. Failure to perform these procedures immediately upon receipt of such waste could result in failure to comply with Type 1 Landfill regulations. Research of 17 landfills in Texas shows an increased fee for specially handled wastes to be a reasonable and acceptable practice. The City of Lubbock Solid Waste Department is requesting to establish a disposal fee of $50 per ton for those wastes requiring special handling, specifically, contaminated foodstuffs and asbestos containing wastes. These materials must be buried immediately (as required by Texas Natural Resource Conservation Commission), causing diversion of manpower and equipment from normal operational routines. Based on operational expenses, the City of Lubbock Solid Waste Department recommended the increase of rates for specially handled wastes. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9957 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (33.) Consider Resolution No. 5367 creating a Grant Advisory Board for the Local Law Enforcement Block Grants Program and appoint members. RESOLUTION NO.5367 WHEREAS, in Resolution No. 5207, the City Council of the City of Lubbock, Texas, authorized and directed the Mayor to execute for and on behalf of the City a grant application and related documents with the United States Department of Justice for a digital imaging computer system; and WHEREAS, as a condition of receiving grant funds, the City must establish or designate an advisory board that includes representatives of groups with a recognized interest in criminal justice and crime or substance abuse prevention and treatment; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 727 City Council Minutes December 12, 196r 611A b Page 728 �-) a+ a 3 I e 3 SECTION 1. THAT an advisory board is hereby created to review the City of Lubbock's application for funding for a digital imaging computer system for the Lubbock Police Department and to make nonbinding recommendations to the City Council for the use of funds received as a result of the application. SECTION 2. THAT the City Council shall appoint five (5) regular members to the advisory board consisting of one representative from each of the following categories: Local law enforcement agency Local prosecutor's office Local court system Local public school system Local nonprofit group (educational, religious or community) active in crime prevention or drug use prevention or treatment SECTION 3. THAT the City Council shall appoint five (5) additional members to the advisory board (one from each of the above -described categories) who shall serve as alternate members of such board and participate in the board's activities only if the regular member who is their counterpart is, for any reason, unable or unwilling to participate in such activities. SECTION 4. THAT the staff liaison to the board shall be the Chief of Police of the City of Lubbock or his designated representative. SECTION 5. THAT the Board shall select a chairperson in accordance with City Policy and Procedures Manual, Volume I. SECTION 6. THAT the regular members of the board or their respective alternates shall meet at such times and places as they deem necessary to fulfill the responsibilities designated herein by the Council, and such regular members or alternates shall appoint one of their members or the staff liaison to record the business and proceedings of the board and present the board's findings and recommendations to the Council. Passed by the City Council this 12th day of December 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken Walker Ken Walker, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Ken Walker, Chief of Police, presented staff comments. This Advisory Board is a requirement of the Local Law Enforcement 728 City Council Minutes December 12, 196r 1gci b Page 729 a a 3) 0 3 Block Grants Program. The City applied for and has been awarded a block grant in the amount of $277,332. A requirement of this grant is that an Advisory Board be created to review the City's application for funding for a digital imaging computer system for the Lubbock Police Department and to make non -binding recommendations to the City Council for the use of funds received as a result of the application. The Advisory Board will be made up of at least one person from each of the following categories: Local law enforcement Local prosecutors office Local court system Local public school system Local non-profit group The Advisory Board's purpose is to review the application for funding. Staff recommended the approval of this resolution. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution No. 5367 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (34.) Consider Resolution No. 5368 authorizing the Mayor Pro Tem to execute a professional services agreement with Coopers & Lybrand for a Comprehensive Marketing Analysis for the Lubbock Memorial Civic Center. RESOLUTION NO.5368 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 Coopers & Lybrand, L.L.P., 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. 729 City Council Minutes December 12, 16- I ct 9 to Page 730 R� a awl,, Passed by the City Council this 12th day of December 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture and Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Professional Services Agreement with Coopers & Lybrand L.L.P. is filed with Resolution 5368. Carolyn Aliamus-Somma, Director of Culture & Leisure Services, presented staff comments. In 1993, a 20 year Master Plan for the Civic Center facility was completed and expansion in phases was reviewed. The possibilities of a new arena put any expansion plans on hold. The METTS Board is recommending that the expansion of the Civic Center be revisited. In order to ensure that the expansion needs that were identified in 1993 are still justified, the METTS Board is recommending that a marketing and needs analysis be completed by a qualified firm. Requests for Proposals were solicited from qualified firms and the City received written proposals from four firms. These proposals were reviewed and evaluated by a Selection Review Committee and, based on the cumulative ratings, Coopers & Lybrand emerged as the committee's recommended firm. Their Sports, Entertainment and Leisure Consulting Group, which is a division of Coopers & Lybrand, will be performing the analysis. They have extensive experience in providing this type of consulting services for numerous convention centers in Texas and around the country. This recommendation was forwarded to City Council in written form and, hearing no objection from Council, staff proceeded to negotiate an agreement with Coopers & Lybrand. The agreement was negotiated and the terms are detailed in the agreement which is being submitted for Council consideration and is included in Council's backup. A recap of the key provisions of the agreement is as follows: 730 City Council Minutes December 12, 49& Page 731 1a3� b 3 The firm will complete an analysis which will include defining the market demand as constituted by local, state, regional, and national events, identify major competitive facilities in Texas and the regional market area as well as other local facilities and analyze their competitive effect on the Memorial Civic Center. They will also evaluate current utilization of the facility. Surveys of user groups will be conducted to determine current and future space needs and the firm will develop recommendations for booking targets for the Center and general strategies for achieving those targets. Based on the firm's findings of the market analysis and needs assessment, the firm will provide a recommendation as to whether or not expansion of the Center is warranted. If warranted, the firm will recommended the type and size of expansion components. The fee for this project will be based on hourly rates, not to exceed $30,500. Should the number of hours be less than estimated, the City shall be billed only for those hours actually incurred. Reimbursable expenses, for travel expenses, reproduction of documents, telephone charges, etc., are not to exceed $3,500. The timetable for completion of the analysis is 45 days from the date of execution of the agreement by all parties. The RFP #13622 as well as the proposal submitted by Coopers & Lybrand are incorporated by reference as part of the agreement. The firm of Coopers & Lybrand was selected to perform a comprehensive marketing analysis for the Lubbock Memorial Civic Center. This analysis will determine if expansion of the facility is warranted and, if so, the size and type of space components needed. The fee will be up to, but not to exceed $30,500 for the analysis and $3,500 for reimbursable expenses. The analysis is expected to be completed in 45 days. Staff is recommending that the agreement with Coopers & Lybrand be approved. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to authorize Resolution No. 5368 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (35.) Consider a joint election resolution with Lubbock County authorizing the January 18,1997, election to be a Joint Election. This item was deleted from the agenda. (35A.) Consider Ordinance No. 9958 extending the Southwestern Bell Telephone Franchise for an additional three months. 731 City Council Minutes December 12, 1-%— 1 b Page 732 �� a(a31b3 ORDINANCE NO.9958 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. Gavino Sotelo, First Assistant City Manager, presented staff comments. Our telecommunications consultant has asked us to extend our SW Bell franchise for another three months in case our franchise negotiations are not concluded at the next meeting. As a franchise ordinance cannot be extended as an emergency ordinance on one reading, it is necessary to pass the ordinance on two readings before December 31, 1996. Staff recommended the approval of this ordinance. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9958 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. The City Council adjourned into Executive Session at 11:40 A.M. (36.) 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). (37.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Culture & Leisure Services, Lubbock Power & Light and Water Utilities). (38.) 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 (Electric Utilities). (39.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Board of Electrical Examiners Board of Health Building Board of Appeals Human Relations Commission Local Law Enforcement Block Grants Program Grant Advisory Board Lubbock Libraries Board Planning and Zoning Commission Structural Standards Commission 732 City Council Minutes December 12, 196— 1qq to Page 733 Urban Design & Historic Preservation Commission The City Council reconvened at 1:10 P.M. (40.) Consider one appointment to the Lubbock Housing Finance Corporation Board of Directors. Board Member David Langston's term expires December 31, 1996. Mr. Langston has served two full terms on this legal entity and is therefore ineligible to serve a third term. All terms have the common expiration date of December 31, and each term is for 6 years. The purpose of this Board of Directors is to accomplish the public purposes of, and on behalf of, the City pursuant to the Texas Housing Finance Corporation Act, by financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the City at affordable prices. The Appointments Advisory Board recommended the following persons for consideration to fill this position: Freddie Reyna (M,H,E) David Quintanilla (M,H,C) Dwight Overton (M,A,S) Bill Kilgore (M,A,S) It was consensus of Council to hold this appointment at this time. (41.) Consider two appointments to Lubbock Arts Alliance Grants Review Committee. Motion was made by Councilmember Patterson and seconded by Councilmember Ince to appointment Kay Woods Brown and Anna Mosqueda to the Appointments Advisory Board. Motion carried: 4 Yeas; 0 Nays. 733 City Council Minutes December 12, 1'9*- 1 cl q �o Page 734 k Ct J1 a3)03 There being no further business or discussion, motion was made by Councilmember Patterson, seconded by Councilmember Ince to adjourn the meeting at 1;20 P M. Motion carried: 4 Yeas; 0 Nays. { ! i ORr, MAYOR PRO TEM ATTEST: ayt e arnell, City Secretary Read and approved this 1 Oth of March 1997. ALEX "TIY" COOKE, MAYOR PRO TEM AT EST: Kayth e arnell, City Secretary 734