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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/13/1997CITY OF LUBBOCK CITY COUNCIL MEETING February 13, 1997, 10:30 A.M. CITY COUNCIL CHAMBERS The City Council of the City of Lubbock, Texas, met in regular session on the 13th day of February 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:30 A.M. Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember J. David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. 8:00 A.M. CITY COUNCIL CONVENES City Council Chambers, 1625 13th Street, Lubbock, Texas Mayor Sitton stated the Council will be holding an Executive Session, in accordance with the V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters: City Manager and City Secretary; pending or contemplated litigation; Police, Reese A.F.B., Solid Waste, and Water Utilities; land acquisition: Cultural and Leisure Services and L. P. & L. 8:03 A.M. COUNCIL RECESSES TO EXECUTIVE SESSION City Council/City Manager's Conference Room 10:30 A.M. CITY COUNCIL REGULAR MEETING RECONVENES City Council Chambers Mayor Sitton called the meeting to order at 10:30 A.M. ( 1.) The Invocation was given by Mel Swoyer, Pastor, Shepherd King Lutheran Church. (2.) Pledge of Allegiance was given in unison by those in the City Council Chambers. (3.) Board Appointments. Gloria Onoh; Melissa Shelton; Gary Greenstreet and Harold Chatman. Mayor Sitton presented a gift to Mayor Pro Tem Cooke in behalf of the Council for a job well done. Mayor Sitton congratulated Councilmember Nelson in joining the Council. Citizen's Comments --Mayor Sitton noted that the citizens would need to be in time and that each speaker may be restricted depending upon the number of citizens wishing to speak. City Council Meeting February 13, 1997 Page 80 10:40 A.M. Citizens: Cecil Puryear; Chris Phelps; Mikel Wood; Reverend Swoyer; David Spears; Gloria Onoh and Harold Chatman addressed the Council. (4.) Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve the minutes of the January 23, 1997, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 5.) Ordinance No. 9966--Zone Case No. 2487-A (North of Municipal Drive and east of North Birch Avenue)- Request of Purina Mills, Inc. for a zoning change from M-1 to M-2 on 21.32 acres of land out of Section 77, Block A. ORDINANCE NO.9966 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2487-A ; A ZONING CHANGE FROM M-1 TO M-2 ZONING ON 21.32 ACRES OF LAND OUT OF SECTION 77, BLOCK 4, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9966 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 6.) Ordinance No. 9967--Zone Case No. 2788 (2306 Texas) - Request of Manuel Martinez for a zoning change from IHC to IHC Specific Use for a restaurant with an Alcoholic Beverage Permit and outside sales of used good on .778 acres of land out of Section 7, Block B. ORDINANCE NO.9967 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2788; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE ZONING FOR A RESTAURANT AND OUTSIDE SALES OF USED GOODS ON .778 ACRES OF LAND OUT OF SECTION 7, BLOCK B, (2306 TEXAS), LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9967 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (7.) Ordinance No. 9968--Zone Case No. 2789 (2910 Avenue N) - Request of Habitat for Humanity (for Don Kinkade and John Mallory) for a zoning change from C-3 and R-3 to C-3 Specific Use on Lots 16, 17, and 18, Block 8, Robinson Addition. City Council Meeting February 13, 1997 Page 81 ORDINANCE NO.9968 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2789; A ZONING CHANGE FROM C-3 AND R-3 TO C-3 SPECIFIC USE ZONING FOR HABITAT FOR HUMANITY ON LOTS 16,17 & 18, BLOCK 8, ROBINSON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9968 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) Ordinance No. 9969--Zone Case No. 2255-H (North of 64th and west of Frankford) - Request of Graco Real Estate Development, Inc. (for Whisperwood National Bank) for a zoning change from C-2A limited to a bank and offices to GO on Lots 4 and 5, Spur 327 Business Park. ORDINANCE NO.9969 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-H; A ZONING CHANGE FROM C-2A TO GO ZONING ON LOTS 4 AND 5, SPUR 327 BUSINESS PARK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9969 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) Ordinance No. 9970--Abandon and close a portion of a 15-foot alley located in Section 4, Block O, Lubbock County (2701 E. Broadway). ORDINANCE NO.9970 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15-FOOT ALLEY LOCATED IN SECTION 4, BLOCK O, 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 Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9970 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) Ordinance No. 9971--Establishing a non-discriminatory procedure for granting telecommunications franchises for use of public rights of way within the City of Lubbock. 81 City Council Meeting February 13, 1997 Page 82 ORDINANCE NO.9971 AN ORDINANCE OF THE CITY OF LUBBOCK RELATING TO THE ESTABLISHMENT OF A NON-DISCRIMINATORY PROCEDURE FOR GRANTING FRANCHISES FOR USE OF PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY; PRESCRIBING UNIFORM TERMS AND CONDITIONS CONCERNING USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY BY TELECOMMUNICATIONS FRANCHISEES; AND PRESCRIBING THE AMOUNT AND METHOD OF COMPENSATION TO BE PAID THE CITY FOR THE USE OF PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATION SERVICES WITHIN THE CITY. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9971 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Ordinance No. 9972 abandoning and closing a portion of a 15-foot alley located in Block 3, A. J. Coleman Addition to the (405 N. University Avenue). ORDINANCE NO. 9972 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15- FOOT ALLEY LOCATED IN BLOCK 3, A. J. COLEMAN 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. The City recently acquired some property west of University Avenue, north of Cornell Street and south of Dartmouth Street for a fire station. The City is in the process of replatting this land and as a part of the platting process, a portion of an east -west alley must be closed. The ordinance closes this alley which will revert to a utility easement and a new north -south alley will be dedicated along the west edge of the property. There will be no charge for this alley closure since the City is the owner. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9972 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution No. 5417 authorizing the Mayor to execute a dedication deed in connection with the platting of Lot 1, Fire Station #4 Addition (405 N. University Avenue). 82 City Council Meeting February 13, 1997 Page 83 RESOLUTION NO.5417 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Dedication Deed in connection with the platting of Lot 1, Fire Station No. 4 Addition, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of February 1997. /s/ Windy Sitton WINDY SITTON, MAYOR 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 This resolution authorizes the Mayor to execute a dedication deed for the platting of City -owned property to be known as Lot 1, Fire Station 44 Addition. This area being platted is located just west of North University Avenue between Cornell Street and Dartmouth Street and contains 1.852 acres. This dedication deed will subdivide this unplatted parcel of land into a platted tract for a new fire station. The Right -of -Way Department recommended the execution of this dedication deed. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5417 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Ordinance No. 9973 abandoning and closing a portion of drainage easement located in Section 4, Block E, Lubbock County (7310 Avenue Q). 83 City Council Meeting February 13, 1997 Page 84 ORDINANCE NO.9973 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 4, BLOCK E, 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. This ordinance abandons and closes a portion of a 50-foot east - west easement west of Avenue Q and south of Loop 289 for building purposes. A new north -south drainage easement will be dedicated south of this easement area being closed. This closure has been approved by our Street/Drainage Engineering Department. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9973 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution No. 5418 approving the plans or schematics for paving improvements of portions of streets and alley to be included in an assessment program. RESOLUTION NO.5418 WHEREAS, the City Council on November 9, 1995, passed Resolution No. 5023 and on January 9, 1997, passed Resolution No. 5388 providing for the improvements of portions of streets and alleys in the City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the streets and alleys as named in said Resolutions; and WHEREAS, the City Engineer has prepared and filed with the City plans or schematics and standard specifications for such improvements, and the same have been examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the plans or schematics and standard specifications submitted by the City Engineer covering improvements contemplated by said Resolutions BE and the same are hereby approved. ." City Council Meeting February 13, 1997 Page 85 Passed by the City Council this 13th day of February 1997. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is the second of five resolutions associated with an assessment program for the construction of paving improvements as follows: 26th Street from LaSalle Avenue to Kewanee Avenue. Frankford Avenue from Spur 327 to 50th Street 66th Street from Frankford Avenue to Iola Avenue. The east -west alley between 68th Street and 69th Street from Memphis Avenue to 69th Street The plans for Frankford Avenue have been prepared by TxDOT, and are available for inspection at their office. The plans or schematics for the other streets and alley have been prepared by City staff and are available for inspection in the City Engineer's office. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5418 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution No. 5419 authorizing the Mayor to approve a pre -condition to funding for the loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, pursuant to the joint application with the City of Lamesa, for the operation of the South Plains Regional Narcotics Task Force. 85 City Council Meeting February 13, 1997 Page 86 RESOLUTION NO.5419 WHEREAS the City Council has resolved by Resolution No. 5408, that the City of Lubbock be authorized and directed to execute for and on behalf of the City a joint application with the City of Lamesa for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division for State and Federal assistance for operation of the South Plains Regional Narcotics Task Force and including provision for a cash match from the City to fund 25% of the Project; and WHEREAS the State of Texas, Office of the Governor, Criminal Justice Division requires as a pre -condition to funding of the project that the application for grant funding include in resolution form from the governing board a statement that in the event of loss or misuse of Criminal Justice Division funds, the governing body assures that funds will be returned to Criminal Justice Division in full; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT in the event of loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, provided pursuant to that certain joint application with the City of Lamesa for grant funding, which application has been authorized by this council by Resolution No. 5408, this Council assures that funds will be returned to the Criminal Justice Division in full. Passed by the City Council this 13th day of February 1997. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney The State of Texas, Office of the Governor, Criminal Justice Division now requires grant recipients to provide a resolution from their governing board a statement that in the event of loss or misuse of Criminal Justice Division funds, the governing body assures that the funds will be returned to the Criminal Justice Division in full. The Police Department recommended approval of this resolution. City Council Meeting February 13, 1997 Page 87 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5419 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider Resolution No. 5420 authorizing the Mayor to establish an Economic Development Program that provides for the use of city owned, leased or operated facilities by state and federal representatives from the Lubbock area and the South Plains. RESOLUTION NO. 5420 WHEREAS, the City Council of the City of Lubbock recognizes the critical role played in economic development matters for the City of Lubbock and the surrounding area by state and federal legislators; and WHEREAS, the City Council recognizes that time is of the essence to our elected state and federal representatives, especially when the Legislature and the Congress are in session; and WHEREAS, the City Council desires to establish an economic development program to allow the use of property or facilities owned, leased or operated by the City of Lubbock by issuing a city facilities usage identification card for elected state and federal representatives in the interest of assisting our elected representatives in their efforts to represent Lubbock and the surrounding area in the Legislature and in Congress; and WHEREAS, Section 36.10(a)(7) of the Penal Code specifically provides that elected public servants may accept such an item from a governmental entity; and WHEREAS, the governing body of the City of Lubbock is empowered to establish economic development programs to promote state or local economic development and to stimulate business and commercial activity in the municipality, pursuant to authority granted by Section 380.001 of the Texas Local Government Code; and WHEREAS, it is the opinion the City Council of the City of Lubbock that the establishment of this economic development program will be in the public interest and will serve to promote economic development of Lubbock and the South Plains area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The City Council of the City of Lubbock hereby establishes and provides for a new economic development program for the City of Lubbock to allow the use of property or facilities owned, leased, or operated by the City of Lubbock by issuing a city facilities usage identification card to elected state and federal representatives from Lubbock and the South Plains area. Said program shall be administered by the municipal personnel of the City of Lubbock employed at various city facilities. 87 City Council Meeting February 13, 1997 Page 88 Passed by the City Council this 13th day of February 1997. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra B. Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The City of Lubbock has established and funded Market Lubbock, Inc. to provide the major efforts associated with economic development activities for Lubbock. However, state and federal laws require council action to establish an economic development program that specifically provides for the use of city owned, leased and operated facilities by state and federal representatives. Staff recommended that the City of Lubbock establish this economic development program to assist the state and federal representatives of Lubbock to promote and encourage various industry and business decision makers to seriously consider Lubbock and the South Plains area for locating and expanding their operations and activities. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5420 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider the price and condition of sale of Parcel Number 15760-22-10, 20 & 30 at 2412, 2414, & 2416 Hickory Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization for $90.00 ($30.00 per lot). These properties are to be redeveloped with two new 1,200 square foot, single-family residences valued at $30,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline Plan to develop the 2400 Block of Hickory Avenue with eight homes for low income families. The City Council Meeting February 13, 1997 Page 89 proposal was accepted by the URA Board of Commissioners on September 20, 1994. To date, five homes have been completed. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider the price and condition of sale of Parcel Number 33500-17-230 at 1004 2nd Place in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc., Gary Patton, President, for $400.00. The property is to be redeveloped with a new 1,650 square foot single-family residence valued at $60,000. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on January 16, 1996. Staff recommended approval of the sale. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider the price and condition of sale of Parcel Number 77010-4-2 (E. 70') at 713 3rd Street in the Guadalupe Area. This is a routine sale of a remnant lot by the Urban Renewal Agency to Kenneth W. Wright; Contractor, for $350.00 for adding onto existing property. This parcel fronts 3rd Street and contains only 3,500 square feet (70' X 50') and is not large enough to build. The only logical purchaser is Mr. Wright, the adjacent property owner on the south. The proposed sale was approved by the Urban Renewal Board of Commissioners on January 21, 1997. Staff recommended approval of the sale. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Resolution No. 5421 designating the Neighborhood Target Areas for 1997-98 for the Community Development Program RESOLUTION NO.5421 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 designation of the Neighborhood Target Areas for 1997-98 for the Community Development Program. Said Designation is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. City Council Meeting February 13, 1997 Page 90 Passed by the City Council this 13th day of February 1997. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney In 1993, the City Council set goals regarding the targeting of neighborhoods to accomplish a focused renovation of blighted areas of the community (particularly those eligible under entitlement funding). The idea was that concentrating on a few areas would yield more visible results over time. Targeting means that most of the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and the HOME Investment Partnership Program (HOME) funds are used in the areas chosen. However, targeting does not mean the exclusion of eligible neighborhoods. In fiscal year 1994-1995, the City Council selected Arnett Benson and Chatman Hill as the areas for targeting entitlement dollars. In fiscal year 1995-96, the City Council selected Arnett Benson, Chatman Hill, and Chris Harwell for substantial funding. In fiscal year 1996-97, the target neighborhoods are Arnett Benson, Chatman Hill, Chris Harwell, and Jackson/Mahon neighborhoods. The Community Development & Services Board met on January 29, 1997 to discuss, reevaluate, and vote on the 1997-98 recommendations for target areas. In keeping with the Consolidated Plan (five-year strategy), the CDSB decided to recommended to the City Council that: Fifteen (CD eligible) neighborhoods continue to participate in federal funding between 1997-2000. Seven of those neighborhoods continue to be prioritized between 1997-2000. The Harwell, Arnett Benson, Chatman Hill, and Jackson/Mahon neighborhoods be maintained for substantial funding in 1997-98. City Council Meeting February 13, 1997 Page 91 In keeping with the City Council goals set in 1993, the Community Development/Housing staff continues to further the selection of areas to prioritize funding. The staff also continues to meet with other City Departments, Neighborhood Associations, Non -profits, and private groups in furthering investment into these neighborhoods. Staff agrees with the CDSB recommendation and recommended approval of the resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5421 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider Resolution No. 5422 authorizing the Mayor to execute Change Order No. 1 to the Signage and Graphics contract at the airport. RESOLUTION NO. 5422 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 Change Order No. 1 to a contract by and between the City and Lee Lewis Construction, Inc. for signage and graphics improvements to Lubbock International Airport, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of February 1997. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Change Order Number I with Lee Lewis Construction is filed with Resolution No. 5422. The Signage and Graphics project at the airport will include the installation of video flight monitors. This installation will require 91 City Council Meeting February 13, 1997 Page 92 the relocation of two offices that are now occupied by airport tenants. Originally, the airport had a tentative agreement with a display advertising company to fund the relocation costs in exchange for the additional advertising space that would be created by the project. The intent was to save federal and local construction dollars by having someone else pay for this part of the project. However, once the project was bid, the display advertiser backed out of the agreement. The cost for the relocation work is $65,925. This change order will add that work to the Signage and Graphics Project which was originally approved by Council in September 1996. A breakdown of costs and the funding sources for this project are shown below. FAA Total Cost Committed Funding Uncommitted Available Funds (22.) (23.) City Total Grant Cost Cost $1,226,992 $136,333 $1,363,325 $1,233,585 $150,000 $1,383,585 $6,593 $13,667 $20,260 The change has been coordinated with the FAA. Staff recommended approval of the change order. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5422 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. Bid #13733--Refuse Truck Bodies (Fleet Services). Houston Galveston Area Council --Total bid. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays Bid #13759--Distribution Transformers - Annual Pricing (Electric Distribution). Cummins Utility Supply --Single Phase Pole Type KVA 10, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 100, Voltage 7200/12470Y, 240/480; Single Phase Pole Type KVA 167, Voltage 7200/12470Y, 240/480; Single Phase Pole Type KVA 100, Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 333, Voltage 7200/12470Y, 2400/4160Y; Three Phase Padmount KVA 75, Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA 150, Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA 225, Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA 300, Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA 500, Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA 750, Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA 92 City Council Meeting February 13, 1997 Page 93 75, Voltage 12470 GY/7200, 480Y/277; Three Phase Padmount KVA 150, Voltage 12470 GY/7200, 480Y/277; Three Phase Padmount KVA 225, Voltage 12470 GY/7200, 480Y/277; Three Phase Padmount KVA 300, Voltage 12470 GY/7200, 480Y/277; Three Phase Padmount KVA 500, Voltage 12470 GY/7200, 480Y/277; Three Phase Padmount KVA 750, Voltage 12470 GY/7200, 480Y/277. Techline, Inc. --Single Phase Pole Type KVA 15, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 25, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 37.5, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 100, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 333, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 10, Voltage 7200/12470Y, 240/480; Single Phase Pole Type KVA 25, Voltage 7200/2470Y, 240/480; Single Phase Pole Type KVA 37.5, Voltage 7200/12470Y, 240/480; Single Phase Pole Type KVA 50, Voltage 7200/12470Y, 240/480; Single Phase Pole Type KVA 75, Voltage 7200/12470Y, 240/480. Wesco Distribution, Inc. --Single Phase Pole Type KVA 50, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 50, Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 250, Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 250, Voltage 7200/12470Y, 2400/4160Y; Single Phase Pole Type KVA 500, Voltage 7200/12470Y, 2400/4160Y; Single Phase Padmount KVA 75, Voltage 12470 GY/7200, 120/240; Single Phase Padmount KVA 167, Voltage 12470 GY/7200, 240/120; Three Phase Padmount KVA 1500, Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA 1500, Voltage 12470 GY/7200, 480Y/277. Preferred Sales Agency, Inc. --Single Phase Pole Type KVA 75, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 167, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 250, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 500, Voltage 7200/12470Y, 120/240; Single Phase Pole Type KVA 250, Voltage 7200/12470Y, 240/480; Single Phase Pole Type KVA 333, Voltage 7200/12470Y, 240/480; Single Phase Pole Type KVA 500, 0, Voltage 7200/12470Y, 240/480; Single Phase Pole Type KVA 75, Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 167, Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 333, Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 500, Voltage 7200/12470Y, 277; Single Phase Pole Type KVA 167, Voltage 7200/12470Y, 2400/4160Y; Single Phase Padmount KVA 50, Voltage 247 GY/7200, 120/240; Single Phase Padmount KVA 100, Voltage 12470 GY/7200, 240/120; Three Phase Padmount KVA 1000, Voltage 12470 GY/7200, 208Y/120; Three Phase Padmount KVA 1000, Voltage 12470 GY/7200, 480Y/120. Temple, Inc. --Single Phase Pole Type KVA 15, Voltage 7200/1240Y, 240/480. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bids meeting 93 City Council Meeting February 13, 1997 Page 94 specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays (24.) Bid #13760--522 Ton Centrifugal Chillers (Culture & Leisure Services). Simpson Technical Sales Company, Inc. --Total bid. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays (25.) Bid #13771--Creosote Wood Poles - Annual Pricing (Central Warehouse). Thomasson Lumber Company --Total bid. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays (26.) Bid #97003--Self Contained 33 Cubic Yard Trash Compactor (Aviation). R & B Bearings & Hydraulics, Inc. --Total bid. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays (27.) Bid #97005--Gas Turbine Repair) (Electric Production). RESOLUTION NO.5423 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 Stewart & Stevenson Technical Services, Inc., of Houston, Texas, to install and furnish all materials and services as bid for the Gas Turbine Repair, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. City Council Meeting February 13, 1997 Page 95 Passed by the City Council this 13th day of February 1997. /s/ Windy Sitton WINDY SITTON, MAYOR 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 13th day of February, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Stewart & Stevenson Technical Services, Inc. of the City of Houston, County of Harris, 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 #97005 - GAS TURBINE REPAIR - $260,291.24 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. 95 City Council Meeting February 13, 1997 Page 96 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/ Jay Wadsworth Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR [0 "91N Stewart & Stevenson Technical Services, Inc. By:/s/ Doug Barr PRINTED NAME: DOUG BARR TITLE: Customer Sales Representative COMPLETE ADDRESS: Stewart & Stevenson Technical Services, Inc. 16415 Jacintoport Houston, Texas 77015 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5423 as recommended by staff. Motion carried: 7 Yeas; 0 Nays (28.) Bid #97009--Opacity Monitors (Electric Production). United Sciences, Inc. --Total bid. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays (29.) Bid #97022--Gas Control & Safety Fuel Valve (Electric Production). Woodward Governor Company Turbomachinery Controls --Total bid. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays (30.) ZONE CASE NO. 1893-T (north of 4th Street, west of Frankford): Hold a public hearing to consider request of Rick Betenbough (for Betenbough and Co.) for a zoning change from GO to C-3 on a portion of land out of Section 2, Block J- 5, and to consider ordinance. a City Council Meeting February 13, 1997 Page 97 ORDINANCE NO. 9974 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-T; A ZONING CHANGE FROM GO TO C-3 ZONING ON A PORTION OF LAND OUT OF SECTION 2, BLOCK J-5, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 10:53 a.m. Rick Betenbough appeared on behalf of Betenbough and Co. to present the zone change from GO to C-3. No one appeared in opposition. Mayor Sitton closed the hearing at 10:55 a.m. This case was continued, at the proponent's request, from the last City Council meeting. The proponent is requesting a change to C- 3 from an existing GO designation. Adjacent land uses: North - a 150' deep GO area will remain South - 4th Street, two churches and a single family area East - zoned C-3, vacant West - zoned A-1, vacant The proposal does not reflect the current Comprehensive Land Use Plan. The original Comprehensive Plan notes commercial 1200 feet west of Frankford along 4th Street with 150 feet added during a later zone case, for a total of 1350 feet. The new C-3 will bring that distance along 4th Street to 1800 feet. The parcel in question was A-1 in the original Planned Unit Development zone case. When the GO District was created about 5 years ago, this tract was one that joined the rush to the new district, which is considered a buffer district similar to A-1 or A-2. That change was in accordance with the Comprehensive Plan. A recent case zoned a C-3 parcel back to A-1 for a portion of an area to the east except four lots along 4th Street. The greatest asset to this request being outside the theoretical 660 foot/ten acre thoroughfare corner site is that the original PUD was not in strict compliance with that dimension and that two church sites occupy much of the land south across 4th Street. One small area south of 4th on the west edge of the parcel requested for rezoning is R-1 located on a cul-de-sac named Huron. This residential area would be affected most by any change to commercial. Being located on 4th Street, the potential change in traffic generated by commercial should not be significantly greater than the original A-1 or current Garden Office zoning. The Planning and Zoning Commission recommended the request subject to the following condition: A site plan, including building elevations showing materials, color, texture, a detailed landscape plan and irrigation plan, shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit. The staff supports the recommendation of the Planning and Zoning Commission. City Council Meeting February 13, 1997 Page 98 Motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson to pass on first reading Ordinance No. 9974 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (31.) Consider Resolution No. 5424 authorizing the Mayor to execute Amendment No. 3 to the agreement for engineering services with Black & Veatch for design phase services pertaining to Digesters 8 and 9 and related equipment at the Southeast Water Reclamation Plant. RESOLUTION NO. 5424 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 Third Amendment to an Agreement for Engineering Services with Black & Veatch for certain improvements to the Southeast Water Reclamation Plant and related facilities, 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 detail. Passed by the City Council this 13th day of February 1997. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director, Water Utilities APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, First Assistant City Attorney A copy of the Third Amendment to Agreement for Engineering Services with Black & Veatch is filed with Resolution No. 5424 When engineering work on the expansion and renovation of the Southeast Water Reclamation Plant began in 1989, Digesters 8 and 9 were relatively new (having come on line in 1981) and, therefore, they were not included in the equipment to be scheduled for demolition or major renovation. About three years ago, Digester 8 began experiencing problems which, despite efforts to correct these problems, resulted in the failure of this unit and discharge of sludge into the adjacent stream in February, 1996. This digester, which provides 40 per cent of the digestion capacity of the wastewater treatment plant, has now been out of service for a year. City Council Meeting February 13, 1997 Page 99 Any further losses in digestion capacity would result in the inability to treat solids and would likely result in permit violations. On May 23, 1996, the City Council approved Amendment 2 to the Black & Veatch engineering contract for the inspection, evaluation, and technical documents detailing what would be required to renovate Digesters 8 and 9, along with related equipment. (Digester 9, while still in service, was included in the engineering evaluation because it is the same age as Digester 8.) Amendment 2 work has now been completed and renovation requirements have been identified. It is now time to begin work on the bid documents. Amendment 3 provides for engineering services not to exceed $300,000 plus $20,000 for reimbursable expenses which would be billed at cost. This contract amendment includes all engineering work necessary to complete this project (preparation of bid documents and construction contract administration). The total project cost is now estimated to be $3.0 million, including engineering fees. This rehabilitation project is very critical and of utmost importance to the efficient operation of the Southeast Water Reclamation Plant. Because of the limited digestion capacity at the wastewater plant brought about by the failure of Digester 8, it is extremely important that design work and construction contracts be awarded as soon as possible. Since Black & Veatch is already under contract and thoroughly familiar with the wastewater plant, the design work could begin immediately. Staff, therefore, recommended approval of this item. Motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson moved to authorize the approval of Resolution No. 5424 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (36.) Consider two appointments to Joint Airport Zoning Board. The Joint Airport Zoning Board consists of two members appointed by each of the political subdivisions creating the Board. This legal entity has two members appointed by the and two members appointed by the County of Lubbock. There are no term limits. The two City appointees terms expired in January and are for consideration at this time . The current roster is attached for consideration. The City staff recommended reappointment of both Buddy Barron and E. Jack Brown. These two current members were on the Board when the Reese zoning was adopted. Since some action on that zoning will occur in the next year, it would serve best to have their experience and memory. The Appointments Advisory Board recommended these reappointments but if there are reasons the two are not considered, they suggest considering Don Sanders, Dudley Faver, and Jerry King who have indicated interest in this Board. City Council Meeting February 13, 1997 Page 100 Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Don Sanders and Dudley Faver. Motion carried: 7 Yeas; 0 Nays. (37.) Confirm reappointment of Robert Massengale to the Lubbock Emergency Communication District Board of Directors. Robert Massengale has expressed interest in continuing this role, and has agreed to serve. The City Council appointed him in the January 9, 1997 Council meeting. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to reappoint Robert Massengale to the Lubbock Emergency Communication District Board of Directors. Motion carried: 7 Yeas; 0 Nays. 11:30 A.M. COUNCIL RECESSES TO EXECUTIVE SESSION The City Council reconvened at 1:00 p.m. There being no further business or discussion, motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson to adjourn the meeting. Motion carried: 7 Yeas; 0 Nays. WINDY SI O , MAYOR ATT ST: ayt7e 1, ity Secretary Read and approved this �4k day of �� 1997. WINDY IT N, MAYOR AT/TeEST: arncll, City Secretary 100