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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/19/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 19, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 19th day of December 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 Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Mayor Pro Tem Cooke called the meeting to order at 10:10 A.M. ( 1.) The Invocation was given by City Manager Bob Cass. ( 2.) Pledge of Allegiance was given in unison by those in the City Council Chambers. ( 3.) 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. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9953 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 4.) 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. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9954 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. City Council Minutes December 19, 1996 Page 736 (5.) ORDINANCE NO. 9955--Zone Case No. 2783 (4640 34th Street) --Request of Alamo Automotive Service for a zoning change from C-2 to C-4 for auto sales on Lot 8, Pounds Addition. 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. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9955 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (6.) ORDINANCE NO. 9956--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. 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 I-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. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9956 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (7.) ORDINANCE NO.9957--Amendment to the Solid Waste Ordinance, Chapter 23, Article 1, Sec. 23-I and Sec. 23-21, establishing a disposal fee 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. 736 City Council Minutes December 19, 1996 Page 737 Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9957 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 8.) ORDINANCE NO. 9958--Extending the Southwestern Bell Telephone Franchise for an additional three months. 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. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance No. 9958 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 9.) Consider Resolution No. 5369 authorizing the Mayor Pro Tem to execute a street monitor well permit with the Texas Department of Transportation (TxDOT) for use of the City street (112 N. Avenue U). RESOLUTION NO.5369 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and the Texas Department of Transportation, 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. 737 City Council Minutes December 19, 1996 Page 738 Passed by the City Council this 19th 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 permit allows TxDOT to drill two monitor wells in the right-of-way of north Avenue U, west of the Town and Country Convenience Store. While TxDOT and its contractor were trenching along the east right-of-way of North Avenue U, adjacent to the Town and Country Store, they hit an area of underground fuel tank contamination. TxDOT has been required by the TNRCC to drill monitor wells to monitor this contamination. The City will receive $200 per year for these two well locations. This permit is for twenty years, payable every five years in advance. These wells will be flush with the surface and not create a road hazard. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5369 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (10.) Consider Resolution No. 5370 accepting street maintenance improvements constructed by High Plains Pavers, Inc., under the 1996 Street Maintenance Program. RESOLUTION NO.5370 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract December 14, 1995, authorizing the construction of street maintenance improvements by High Plains Pavers, Inc., on City Streets and the City of Lubbock Employees Parking Lot, North side of 13th Street; and WHEREAS, the improvements upon the said portion of the City streets and parking lots have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: 738 City Council Minutes December 19, 1996 Page 739 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $31,900.63. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 19th 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/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, this item is a routine acceptance of the 1996 Street Maintenance Program, which consisted of single - course and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $1,684,057.86. Final contract price is $1,630,084.01. Final payment due the contractor upon acceptance is $31,900.63. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5370 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (11.) Consider Resolution No. 5371 accepting emergency repairs constructed by Zebra Construction Company, Inc., on Quaker Avenue at 34th Street. RESOLUTION NO. 5371 RESOLUTION ACCEPTING EMERGENCY REPAIRS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: 739 City Council Minutes December 19, 1996 Page 740 WHEREAS, The City of Lubbock awarded a contract June 18, 1996, authorizing emergency repairs by Zebra Construction Company, Inc., at 34th Street and Quaker Avenue: WHEREAS, the repairs upon the said intersection have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $0.00. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 19th 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/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, this item is a routine acceptance of an emergency repairs contract, which consisted of pumping concrete underneath the concrete slab at the intersection of Quaker Avenue and 34th Street. This was necessary because of a large water leak under the slab, which washed some of the subgrade away. The contract amount was $21,875. Final contract price is $16,780. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5371 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (12.) Consider Resolution No. 5372 authorizing acceptance of water and sanitary sewer improvements for Lots 287-298 and Tracts B and C, Horizon West Addition, located at the S.E. corner of Frankford Avenue and Erskine Street. 740 City Council Minutes December 19, 1996 Page 741 RESOLUTION NO. 5372 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 287-298 AND TRACTS B AND C, HORIZON WEST ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 287-298 and Tracts B and C, Horizon West Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $34,246.73, with the improvements constructed by Utility Contractors of America having a value of $16,104.64, as determined by the unit prices established by said Chapter 28, and $18,142.09 cash paid to the City, which amount includes $17,3 83.09 cash for adjacent lines, with McDougal Properties, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 19th day of December 1996. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Harold Willard /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 741 City Council Minutes December 19, 1996 Page 742 Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $34,246.73 including value of construction costs of $16,104.64 and $18,142.09 cash paid to the City of Lubbock. The developer will not receive a refund and there is no refund of deposit. Staff recommended the approval of this resolution.. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5372 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (13.) Consider Resolution No. 5373 authorizing acceptance of water and sanitary sewer improvements for Tract F-2, Shadow Hills Addition, located between 3rd Street and 4th Street, west of Frankford Avenue. RESOLUTION NO. 5373 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT F-2, SHADOW HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract F-2, Shadow Hills Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $15,942.63, with the improvements constructed by Utility Contractors of America having a value of $15,572.80, as determined by the unit prices established by said Chapter 28, and $369.83 cash paid to the City, with McDougal Properties, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 742 City Council Minutes December 19, 1996 Page 743 Passed by the City Council this 19th 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 is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $15,942.63 including value of construction costs of $15,572.80 and $369.83 cash paid to the City of Lubbock. The developer will not receive a refund and there is no refund of deposit. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5373 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (14.) Consider the price and condition of sale of Parcel Numbers 33500-18-80 & 90 at 212 - 14 Avenue L in the Guadalupe Area to Steve Hill Homes for a single-family residence. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Steve Hill Homes for $800. The property is to be redeveloped with a new 1,887 square foot, single- family residence valued at $76,500. The land is properly zoned. The proposed sale is submitted according to the marketing plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissions on October 17, 1989. Staff recommended the approval of this sale. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize the sale as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 743 City Council Minutes December 19, 1996 Page 744 (15.) Consider the price and condition of sale of Parcel Number 85430-8-1 (a part thereof) & 85430-8-14 (a part thereof) at 1302 4th Street (rear) in the Memorial Center Area to R. C. Taylor Wholesale, Inc., for future parking. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to R. C. Taylor Wholesale, Inc. for $23,522.50 (18,818 sq. ft.) The property is to be used to add on to adjacent property for future parking. The land is properly zoned. The property will be deeded according to the metes and bounds description to reflect the "Denial of Access Rights" required by the Texas Department of Transportation for the East-West Freeway. The proposed sale was approved by the Urban Renewal Board of Commissioners on October 15, 1996. The subject property is not in the right-of-way of the East-West Freeway and will not be purchased by the Texas Department of Transportation. Staff recommended the approval of this sale. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize the sale as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (15A.) Consider Resolution No. 5374 authorizing the Mayor Pro Tern to execute an amendment to a gas purchase agreement between the City of Lubbock and Power -Tex Joint Venture. RESOLUTION NO.5374 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 an Agreement amending a Gas/Purchase Agreement and any associated documents, between the City of Lubbock and Power -Tex Joint Venture, attached hereto, which shall be spread upon the minutes of the Council shall be spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 744 City Council Minutes December 19, 1996 Page 745 Passed by the City Council this 19th 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/ Robert Massengale Robert Massengale, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney According to staff memo, in 1986, Lubbock Power & Light (LP&L) entered into an agreement with Power -Tex Joint Venture for the purchase of gas for the Holly Avenue generation plant. This agreement included a provision for LP&L to participate in the before taxes net profit of the pipeline from Hockley County to the Holly Avenue Plant at 7 1 /2 percent. It was discovered later that there was an additional transaction that was affecting the net profit of the pipeline. After mediation of the dispute, a settlement was agreed upon as follows: LP&L will receive a reduction in its transportation cost for gas in the current contract beginning January 1, 1997, of two cents and the profit sharing which had reduced to four percent would be increased to five percent. Over the period of the next five years, LP&L will receive a benefit of an additional $120,317 per year. The present value of this settlement is approximately $500,000. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5374 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (16.) Bid #13686--Liquid Ring Air Compressor (Electric Production). SIHI Pumps, Inc. --Total bid. 745 City Council Minutes December 19, 1996 Page 746 Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (17.) Bid #13727--ACM Abatement at Mahon Library, and authorize same (Building Services). RESOLUTION NO.5375 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 Service Contract by and between the City of Lubbock and ASAI, of Lubbock, Texas, to install and furnish all materials and services as bid for the ACM Abatement at Mahon Library, 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 19th 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, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 19th day of December, 1996, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Mayor Pro Tem, thereunto authorized to do so, hereinafter referred to as OWNER, and ASAI 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 746 City Council Minutes December 19, 1996 Page 747 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 # 13727 - ACM ABATEMENT @ MAHON LIBRARY - $52,095.50 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/ illegible Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ G. Keyton CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: ASAI By: Glenda Keyton PRINTED NAME: Glenda Kevton TITLE: President COMPLETE ADDRESS: ASAI PO Box 1049 Lubbock, Texas 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5375 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (18.) Bid #13732--Pad Mounted 15KV Switchgear (Electric Distribution). J. J. Electric Agent, Inc. --Total bid. 747 City Council Minutes December 19, 1996 Page 748 Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (19.) Bid #13739--Asphalt - Annual Pricing (Street Department). Koch Materials Company --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (20.) Bid #13742--Granulated UREA (Aviation). Central Garden & Pet Company --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (21.) Bid #13748--15 Ton Roof Mounted Air Handling Unit (Building Services). Mammoth, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (22.) Bid #13752--Emergency Light Bars (Police Department). GT Distributors, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (23.) Bid #13762--Vehicles (Fleet Services). Mac's Olds GMC--1 Ea One Ton 4 Door Dual Wheel Crew Cab & Chassis per Spec 323 AB. Shamrock Chevrolet--1 Ea Small Passenger Van per Spec 414. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (24.) Bid #13766--Self Check System (Library). 3M Safety & Security Systems Division --Total bid. 748 City Council Minutes December 19, 1996 Page 749 Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (25.) Zone Case No. 2786 (north of 34th Street and east of Avenue D)--Hold a public hearing to consider request of J. G. Wilkerson for a zoning change from R-3 to M-1 on 3.943 acres of land out of Section 7, Block B, and to consider ordinance. ORDINANCE NO. 9960 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2786; A ZONING CHANGE FROM R-3 TO M-1 ZONING ON 3.943 ACRES OF LAND OUT OF SECTION 7, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 10:30 a.m. John Wilkerson appeared to present this request for zone change from R-3 to M-1. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 10:32 a.m. Randy Henson, Senior Planner, presented staff comments. The existing R-3 zoning is inconsistent with the immediate area, most of which is zoned M-1. Mr. Henson gave the adjacent land use relationships as follows: North - heavy commercial and industrial South - vacant (zoned M-1) East - single family (zoned R-3 and M-1) West - vacant and single family (zoned M-1 and R-3) The Comprehensive Land Use Plan for this area indicates "Commercial" which is comparable to the heavy commercial/light industrial uses in the area. The proposal is consistent with the intent of the Plan. The area has some non -conforming residential, particularly on Avenue B to the east, but that land area is zoned M-1 and R-3. The remaining single family units are non- conforming. The change should have little or no effect on traffic. The Planning Commission recommended approval of the request. 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. 9960 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays. (26.) Zone Case No. 2161-F (south of 82nd Street and east of Elkridge)--Hold a public hearing to consider request of Don Rushing (for Lubbock Commercial Buildings, Inc.) for a zoning change from R-1 to GO for an office building on a 1.45 749 City Council Minutes December 19, 1996 Page 750 acre tract of land out of Section 13, Block E-2, and to consider ordinance. ORDINANCE NO. 9961 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-F; A ZONING CHANGE FROM R-1 TO GO ZONING FOR AN OFFICE BUILDING ON A 1.45 ACRE TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 10:33 a.m. Don Rushing appeared on behalf of Lubbock Commercial Buildings, Inc., to present this request for a zone change from R-1 to GO. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 10:35 a.m. Randy Henson, Senior Planner, presented staff comments. This parcel is the last in a row of lots along 82nd Street west of Boston to have a change requested from the original R-1. This request is for garden office zoning. Mr. Henson gave the adjacent land use relationships as follows: North - professional offices South - residential - vacant East - vacant - commercial West - residential In a series of zone changes south of 82nd and west of University, the Comprehensive Land Use Plan has been amended to match the north side from University to Elgin Avenue. The portion north of 82nd Street was strip zoned for offices in 1981. The ordinance recommended by the Planning Commission contains a statement that the request is a minor change to the Comprehensive Land Use Plan. The GO District is considered a buffer zone within the zoning code. As such, the request is consistent with zoning policies. The residential on the west will be buffered by this parcel from the C-2 to the east. The proposal will have little or no effect on traffic. The Planning Commission recommended approval of the request. 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. 9961 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays. (27.) Zone Case No. 2787 (south of 19th Street and west of Alcove) -- Hold a public hearing to consider request of Rex McFadden (for Mr. Postman, Inc.) for a zoning change from R-1 to C-4 for an office and warehouse on 5.24 acres of land out of Section 41, Block A-K, and to consider ordinance. 750 City Council Minutes December 19, 1996 Page 751 ORDINANCE NO. 9962 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2787; A ZONING CHANGE FROM R-1 TO C-4 ZONING FOR AN OFFICE AND WAREHOUSE ON 5.24 ACRES OF LAND OUT OF SECTION 41, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 10:36 a.m. No one appeared on behalf of Mr. Postman, Inc., to present this request for zone change from R-1 to C-4. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 10:37 a.m. Randy Henson, Senior Planner, presented staff comments. The request is to provide for commercial zoning along 19th Street west of Alcove from the R-1 that was assigned to the property when the area was annexed. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - vacant East - commercial West - vacant The proposal is reasonably consistent with the Comprehensive Land Use Plan. The dimension along 19th Street is outside of the 660' x 660' policy (10 acres) for commercial at corners of major thoroughfares, but existing commercial north of 19th Street suggests that the theoretical ten acres per corner at major intersections will be somewhat distorted. Subject to consideration of the west 19th Street policy for C-4, which has a strike list indicated within the recommendation of the Planning Commission, this request is consistent with zoning policy. The strike list and site plan review requirement have been used within all zone cases on west 19th Street since 1984 when the area was annexed. The proposal should have little effect on the thoroughfare system. The Planning and Zoning Commission recommended the request subject to the following conditions: The C-4 uses shall be limited to: Automobile Body Shops; Billboards; Commercial Private Clubs and Teenage Clubs; Dancehall; Feed Store; Used Furniture Store; Gameroom (except as an incidental use in a restaurant), Pool, Billiard and/or Domino Parlor; Motorcycle Shop; Second-hand Goods Store and Pawn Shop; Used Car Lot; and 751 City Council Minutes December 19, 1996 Page 752 Nightclubs. A site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a Building Permit. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Hernandez to table this item until the next Regular City Council Meeting. Motion died due to the lack of a second. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9962 with conditions as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays. (28.) Hold a public hearing to discuss consolidation of the Community Development Advisory Committee and the Community Services Commission, and to consider ordinance. ORDINANCE NO.9963 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO COMMUNITY DEVELOPMENT AND SERVICES BOARD; DEFINITION, CREATION AND OFFICIAL DESIGNATION; COMPOSITION AND APPOINTMENT AND TERMS OF MEMBERS; EX-OFFICIO MEMBERS; CHAIRMAN SECRETARY, AND RECORD OF PROCEEDINGS; POWERS AND DUTIES; MEETINGS; QUORUM AND VOTING; CONFLICT OF INTEREST; THE DELETION AND RESERVATION OF SECTIONS 2-143, 2-144, 2-145, AND 2-146; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 10:40 a.m. Doug Goodman appeared on behalf of consolidating the Community Development Advisory Committee and the Community Services Commission. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 10:47 a.m. The idea of board consolidations first arose at the City Council retreat in 1993. In 1994, the departments of Community Development and Community Services combined and began consolidating missions, goals, and objectives. In 1996, the staff realized that the two boards which oversaw the activities of the state and federal grants in the community development department had common work, just different funding sources. While discussing this issue separately, both the Community Services Commission (CSC) and the Community Development Advisory Committee (CDAC) also thought that the two boards overlapped in purpose. The two groups met together on September 10, 1996, and after much discussion requested that the staff initiate a plan to consolidate the two boards. On September 25, 1996, the CSC voted to recommended a freezing of positions on their board and on October 1, 1996, the CDAC voted to recommended the same. On October 7, 1996, the two groups reconvened to review 752 City Council Minutes December 19, 1996 Page 753 consolidation issues of purpose/mission, diversity, subcommittees, optimal size, and possible make-up of the new board. Recommendations from this group were brought back to the CSC and the CDAC were passed unanimously. The board recommended the following changes to the code (Article V, Section 2-134 through 2-146) to consolidate these two boards: The Board be composed of 17 members. The composition should be five public officials or their representatives, six citizens representing the poor, and six citizens representing private interests. Chair and Secretary will be elected by the membership. Subcommittees will be created as necessary. Terms of members will be three years. Other changes to the ordinance were to standardize this section to mirror other sections regarding boards. In keeping with the concept of streamlining, Staff supported the recommended changes to the ordinance and the consolidation of these two boards. Further, staff recommended that the size of the new board be achieved through attrition of members as resignations and terms expire. Finally, staff recommended that Council consider directing staff to pursue additional consolidation opportunities with other City boards. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9963 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (29.) Consider Resolution No. 5376 authorizing the Mayor Pro Tem to execute a contract with Parkhill, Smith and Cooper, Inc., for professional engineering services to develop an alternatives analysis (Phase I) for storm drainage relief for Clapp Park, Ribble Park, Kmart/Casey Park Lake, the Trinity Church Lake, and the Leftwich Park Lake. RESOLUTION NO. 5376 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 Parkhill, Smith & Cooper, Inc. for Engineering Services, 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. 753 City Council Minutes December 19, 1996 Page 754 Passed by the City Council this 19th 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/ Larry Hertel Larry Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement with Parkhill, Smith & Cooper, Inc. is filed with Resolution 5376. Larry Hertel, City Engineer, presented staff comments. Following numerous work session presentations and discussions regarding the major drainage projects within the City that need to be accomplished in order to provide flood relief to those citizens living in and around flood prone areas, the Storm Water Management Section was instructed to begin the process of obtaining an engineering firm to develop alternatives and design a storm drainage structure between Clapp Park and the North Fork of the Double Mountain Fork of the Brazos River. The Request for Proposals (RFP), issued on August 9, 1996, also included the development of alternatives that will provide additional storage and a reduction in flood risks for the chain of playa lakes located in south and central Lubbock. The upstream lakes included in the RFP were Ribble Park Lake, the Kmart/Casey Park Lake, the Trinity Church Lake, and the Leftwich Park Lake. A Consultant Selection Committee was appointed and met several times to finalize a recommendation to the City Council. The Committee recommended that Parkhill, Smith and Cooper, Inc. be engaged to perform the engineering services for the Clapp Park and upstream lakes drainage project based on the following reasons: This firm has particular expertise for this type of project including the modeling of playa lakes, familiarity with the playa lake systems and how they work, and the previous work done in these drainage areas. The firm is very reputable in this particular field. The firm has experience in working with City of Lubbock staff. 754 City Council Minutes December 19, 1996 Page 755 The teams' general project approach showed that the firm has a definite understanding of the project. Much of the prior information collected and that would be necessary for completion of this project was done by Parkhill, Smith and Cooper, Inc. or Hugo Reed and Associates. The contract has broken up into two phases. Phase I is the alternative analysis, "fatal flaw" investigations, and estimates of costs and benefits for each recommended alternative. Phase II will be the actual engineering design and specification preparation for the approved alternative. Highlights of the Phase I contract before the City Council are as follows: Evaluating existing information including existing storm sewers, the 1988 Playa Lakes Study, the I.H. 27 storm sewer, and the Trinity Church Storm Sewer Study previously performed. A model of the south Lubbock playa lakes chain to determine the existing conditions, a future "no action" condition, and the best overall project that will provide the greatest amount of relief in the project area. Coordination and establishment of all underground utilities within the proposed routes. A flood damage analysis. A look at alternative construction methods. Opinion of probable cost. Participation in neighborhood meetings and the holding of one public meeting. Regulatory agency coordination. An investigation of deep well injection. A final report and Council presentation. The total contract amount for Phase I of the project is a not to exceed the amount of $408,181. This is approximately 3.8 percent of the estimated construction cost of $11,000,000. The engineering costs for Phase II will be dependent upon the City Council's approval of the recommended alternative and the estimated construction costs associated with the recommended alternative. This contract amount does fall within the reasonableness guidelines for a formula developed by the Texas Society of Professional Engineers for calculating engineering fees related to services for construction projects. Staff recommended approval of this contract. If approved, the final report should be presented to the City Council in September 1997. Upon approval and authorization to proceed with the engineering design and specifications (Phase II) of the recommended 755 City Council Minutes December 19, 1996 Page 756 alternative, a contract for engineering services will be negotiated with Parkhill, Smith and Cooper, Inc., or another firm will be selected to perform this work. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to authorize Resolution No. 5376 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (30.) Consider Resolution No. 5377 authorizing the Mayor Pro Tem to revise the 1996-1997 capital budget with the addition of a capital project for the alternatives analysis and design of a flood relief project from Clapp Park to the Canyon and including the upstream overflow playas. RESOLUTION NO.5377 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes governing bodies of municipalities to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City of Lubbock's Current Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for municipal purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as hereinafter described; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) shall be provided from Fund 291 (Storm Water Utility Fund) for professional services in the plans development of a Storm Drainage Feasibility Study and Design for Clapp Park to the North Fork of the Double Mountain Fork of the Brazos River (The Canyon) and Overflow Playas Upstream of Clapp Park. Passed by the City Council this 19th 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/ Larry Hertel Larry Hertel, City Engineeer APPROVED AS TO FORM: 756 City Council Minutes December 19, 1996 Page 757 /s/ Harold Willard Harold Willard, Assistant City Engineer Larry Hertel, City Engineer, presented staff comments. Capital budget for 1996-1997 did not include a capital project for the alternatives analysis and design of the Clapp Park and upstream overflow lakes flood relief project. This would establish a project in the budget that would include the following: Professional Services $490,000 Perm Full Time Sal 10,000 Total $500,000 The $500,000 will include enough for Phase I (alternatives analysis) of the project and some preliminary work on Phase II (design and specifications). This budget will be amended at a later date when the negotiations for Phase II, if approved by the City Council, are nearing completion. The funds for this project will come from the Storm Water Utility Fund. Staff recommended the approval of this resolution. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution No. as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (31.) Consider a resolution authorizing the Mayor Pro Tem to establish a Special/Community Events Policy and the creation of a Special/Community Events Review Committee. This item was deleted from the agenda. (32.) Consider a resolution authorizing the Mayor Pro Tem to execute a commercial tax abatement agreement with State National Bank of West Texas. This item was deleted from the agenda. (33.) Consider Ordinance No. 9959 authorizing the issuance of "City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1997" and other related issues thereof. ORDINANCE NO. 9959 AUTHORIZING ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 1997" AND OTHER RELATED ISSUES THEREOF. Anna Mosqueda, Director of Management Services, presented staff comments. This is the first reading of an ordinance authorizing the issuance of General Obligation Refunding Bonds. The structure and prices on the refunding bonds will be negotiated with the Lead Underwriter. 757 City Council Minutes December 19, 1996 Page 758 Staff recommended the approval of this ordinance. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance No. 9959 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (34.) 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. The City Council recessed into executive session at 10:50 A.M. (35.) 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). (36.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Culture & Leisure Services and Water Utilities). (37.) 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: Special/Community Events Review Committee This item was deleted from the agenda. The City Council reconvened into regular session at 11:07 A.M. There being no further business or discussion, motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to adjourn the r etir�g at 11:10 A.M. Motion carried: 5 Yeas; 0 Nays. ( /� ( 1 , MAYOR PRO TEM AT EST: Kayt e amell, City Secretary Read and approved this loth of March 1997. A TEST: ayt e Darnell, City Secretary 758