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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/8/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 8, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 8th day of May, 1997 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 8:00 A.M. Present: Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Absent: Mayor Windy Sitton 8:00 A.M. CITY COUNCIL CONVENES City Council Chambers, 1625 13th Street, Lubbock, Texas Mayor Pro Tern "Ty" Cooke stated the Council would be holding an executive session, in accordance with the V.T.C.A. Government Code. 8:03 A.M. CITY COUNCIL RECESSES TO EXECUTIVE SESSION City Council/City Manager's Conference Room (1.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). (2.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Water Utilities). (3.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072 to discuss purchase, exchange, lease, or value of real property (Fire Department). (4.) 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: Building Board of Appeals Committee for Women Community Development & Services Board Electric Utility Board Public Transit Advisory Board City Council Minutes May 8, 1997 Page 244 9:40 A.M. WORK SESSION CONVENES Committee Room 103 (5.) Discuss regular agenda items. (6.) Overview of the Lubbock Metropolitan Planning Organization and the FY 1998-2000 Transportation Improvement Program. (7.) Discuss revised budget and second quarter investment update. (8.) Cost recovery update. This item was not covered. (9.) Discuss legislative issues. This item was not covered. 10:45 A.M. CITY COUNCIL REGULAR MEETING RECONVENES City Council Chambers Mayor Pro Tem Alex "Ty" Cooke called the meeting to order at 10:45 A.M. Mayor Windy Sitton and Councilmember Randy Neugebauer were absent. (10.) The Invocation was given by Bishop William Watson, Agape Temple Church of God in Christ. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. CITIZEN APPEARANCES (12.) Presentation of a Special Recognition to Charlie Parrish, Band Director of the Lubbock Christian High School, in recognition of their victory at the state band competition on April 12, 1997. Charlie Parrish, Band Director of the Lubbock Christian High School Band, accepted this Special Recognition. Through the hard work and effort of the band, with their solos, ensembles, jazz bands, and the concert band, they were able to accumulate enough total points to deem themselves worthy of accepting the honor of being the TAPPS Class 4-A Overall Instrumental Champions. The band has done an excellent job in representing Lubbock. BOARD RECOGNITION Mayor Pro Tem recognized Mr. Dudley Favor as a new appointee to the Airport Zoning Board. (13.) U. S. Marine Corps special presentation to Mayor Pro Tem Alex "Ty" Cooke in appreciation for City of Lubbock support to Toys for Tots program. PA City Council Minutes May 8, 1997 Page 245 CITIZEN COMMENTS Mikel Ward complemented City Council on agenda Item #26. She expressed it was a win -win situation. Councilmember Nelson gave his 10 Positive Points on Lubbock. (14.) Presentation on activity of Airport Board, Mike Thomas, Chair. The presentation of the Airport Board was given in Work Session. (15.) Tom King, Attorney, appeared to request expansion of the Depot District boundaries. Tom King, local attorney, made a request on behalf of himself and two other businessmen, Tim Ybarra, owner of Tim's Body Shop, and the owner of Ranch House Restaurant, to extend the Depot District boundaries one additional block north of the existing boundary at 16th Street on Buddy Holly Avenue. King stated that he had met with Bob Cass and no one could recall why the Depot District boundaries are where they are designated. King asked for the Council to consider moving the north boundary to include these three businesses. Councilmember Patterson stated that a concept was presented to establish the Depot District. Councilmember Ince responded to King's thought of some _ taxpayers being excluded with the comment that the total city would need designation to avoid an exclusion. Mayor Pro Tern Cooke noted that the program is effective and he would like to see an expansion. Councilmember Nelson stated that he would like to learn more about the established boundaries. Bob Cass noted that the Council was providing a general directive to revisit the establishment of the Depot District which would require the Urban Design Committee as well as zoning and planning issues. Mayor Pro Tern Cooke noted that this was the third request to expand the district. Councilmember Ince requested more information on the Depot District. Councilmember Hernandez requested that all boundaries be assessed. Hernandez asked what was the basis of what the City is doing; what is the commitment to the Depot District. Councilmember Hernandez recalled discussion of creating a fund from the district itself versus LP&L providing funding. Councilmember Ince asked how the events had changed. MIN City Council Minutes May 8, 1997 Page 246 (16.) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the minutes of the May 8, 1997 Regular City Council Meeting as written. Motion carried: 5 Yeas, 0 Nays. (17.) Ordinance No. 9985 -- Zone Case No. 2792 (1601 University Avenue): Request of Architects Developers Contractors, Inc. (for Haemonetic Corporation) for zoning change from C-3 to C-3 Specific Use for a blood bank on Lots 34 through 36, Block 2, Hankins Addition. ORDINANCE NO. 9985 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2792; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING FOR A BLOOD BANK, ON LOTS 34 THROUGH 36, BLOCK 2, HANKINS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Ordinance No. 9985 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (18.) Ordinance No. 9986 -- Zone Case No. 2773-A (Northwest corner of 11th Place and Loop 289): Request of Kimley-Horn (for JPI) for zoning change from R-1 to A-2 limited to three- story construction and all other A-1 development standards on Section 9, Block J-S. ORDINANCE NO. 9986 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2773-A; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON SECTION 9, BLOCK J-S, 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 Hernandez to pass Ordinance No. 9986 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (19.) Ordinance No. 9987 -- Zone Case No. 2415-A (Southwest corner of 66th Street and Frankford Avenue): Request for Hugo Reed (for Ray Bain/First United Bank) for zoning change from R-1 to C-2 for a bank on a portion of land on Section 29, Block AK. 246 City Council Minutes May 8, 1997 Page 247 ORDINANCE NO.9987 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2415-A; ZONING CHANGE FROM R-I TO C-2 ZONING ON A PORTION OF LAND ON SECTION 29, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Ordinance No. 9987 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (20.) Ordinance No. 9988 -- Zone Case No. 2126-C (South of 53rd Street and east of Chicago): Request of Carol Reynolds (for Lubbock Development for a zoning change from C-2A to A-2 limited to three-story construction and all other A-1 development standards on a portion of land out of Section 28, Block E-2. ORDINANCE NO. 9988 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2126-C; A ZONING CHANGE FROM C-2A TO A-2 ZONING ON A PORTION OF LAND OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Ordinance No. 9988 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (21.) Consider Resolution No. 5477 authorizing the Mayor to execute a contract with the Texas Department of Housing and Community Affairs to assist low income families with weatherization services. RESOLUTION NO. 5477 WHEREAS, the City of Lubbock has been offered two (2) contracts from the Texas Department of Housing and Community Affairs to administer a program to weatherize the homes of low income families in Lubbock County; and WHEREAS, the City Council of the City of Lubbock believes it to be in the best interest of the health, safety, and welfare of the citizens of the County of Lubbock to make it possible for low income families to conserve energy and to reduce their energy costs; and WHEREAS, this is an annually renewable contract that the City of Lubbock has participated in for the last several years; NOW THEREFORE, 247 City Council Minutes May 8, 1997 Page 248 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock two (2) contracts and all related documents with the Texas Department of Housing and Community Affairs for the Weatherization Assistance Program in the anticipated amount of Eighty -Six Thousand Four Hundred Thirty and no/100 dollars ($86,430.00) for the period of April 1, 1997 through March 31, 1998. Said contracts are attached hereto, and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of May, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health & Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM Copies of Contract No. 567048 and Amendment 1 to Contract No. 817048 are filed with Resolution 5477. The City of Lubbock has participated in the State Weatherization program for several years. The program is leveraged with other program funds through targeted neighborhoods. It provides replacement of windows, doors, and installation of attic insulation, weather-stripping and other cost cutting weatherization repairs. The total Weatherization Grant is $86,430 and the contract period is from April 1, 1997 to March 31, 1998. The program allows 85 per cent funding for direct services, and 15 per cent for administration. The repairs cannot exceed $1,959 per unit, and the program can be used in Lubbock County. 248 City Council Minutes May 8, 1997 Page 249 In the last funding year, 41 housing units were weatherized for low income families. Of these, 35 were within the City and 6 were outside the City, but within Lubbock County. It is anticipated that under the new State Weatherization Contract, 39 housing units will be weatherized. Staff recommended approval of these contracts. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5477 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (22.) Consider Resolution No. 5478 authorizing the Mayor to execute a contract between the City of Lubbock Community Development/Housing Department and South Plains Community Action Association to assist low income families with Comprehensive Energy Assistance. RESOLUTION NO. 5478 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 and all related documents with the South Plains Community Action Association for Low Income Comprehensive Energy Assistance Program in the anticipated amount of Forty Thousand and no/100 dollars ($40,000.00) for the period of May 8, 1997 through September 1, 1997. Said Contract is attached hereto, and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of May, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health & Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of the Assistance Program Contract is filed with Resolution 5478. Me City Council Minutes May 8, 1997 Page 250 The City of Lubbock CD/Housing Department has operated an Emergency Repair program, as well as other housing programs, for several years. These programs assist low income families and individuals with substandard conditions and emergency repairs. The South Plains Community Action Association (SPCAA) is administering the Comprehensive Energy Assistance Program (LEAP) this year. This program is for the cleaning, repair or replacement of heating systems, cooling systems and hot water heaters. SPCAA has requested that the City leverage their funds for the CEAP Program, which is funded by the Texas Department of Housing and Community Affairs, with the Emergency Repair Program and other housing programs administered by the City. The CEAP Program has been administered directly by the City for the State in past years. Through the leveraging of this program, there will be a win/win situation to both parties involved. The City will be reimbursed for eligible items from SPCAA, thus making the emergency repair and other eligible housing program funds go further. SPCAA, who does not have the field staff to run the program, will still be able to expend their funds in a timely manner. SPCAA will be responsible for all reporting to the TDHCA, thus eliminating time consuming paperwork for the City. The SPCAA will reimburse the City up to $1,000 for each eligible case. This contract will be in effect from May 8, 1997 to September 1, 1997. All eligible reimbursements will be paid to the City by September 30, 1997. No funds for this contract will be for administrative costs. Staff recommended approval of the contract. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5478 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (23.) Consider the price and condition of sale of Parcel Number 15760-22-90 at 2505 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 $30. This property is to be redeveloped with one new 1,200 square foot, single-family residence 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 and 2500 blocks of Hickory Avenue with homes for low income families. The proposal was accepted by the URA Board of Commissioners on September 20, 1994. To date, five homes have been completed. Three homes are currently under construction. Staff recommended approval. 250 City Council Minutes May 8, 1997 Page 251 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize the sale as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (24.) Ordinance No. 9990 -- Abandon and close a portion of Avenue L lying between Lots 3 through 7, Block 8, William Tubbs Addition and Tract A, William Tubbs Addition to the City of Lubbock (310 Avenue L). ORDINANCE NO. 9990 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AVENUE L BETWEEN LOTS 3-7, BLOCK 8, WILLIAM TUBBS ADDITION, AND TRACT A, WILLIAM TUBBS ADDITION, AN 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. This 10,454.4 square foot portion of Avenue L being closed is located north of 4th Street and south of the AT&SF Railroad right- of-way. It is being closed for replat purposes for the adjacent business to use for parking. This portion of Avenue L being closed will be sold to the proponent of this closure, R. C. Taylor Company. Property adjacent to this street area recently sold for $1.50 per square foot. This street area being closed will remain as a utility easement since several overhead and underground utilities are in this portion of Avenue L. Since it will remain an easement, proponents will be charged at 50 per cent of market value or 75¢ per square foot. Therefore, 75¢ x 10,454.4 square foot = $7,840.80 due the City. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9990 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (25.) Consider Resolution No. 5479 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Southhaven Addition, Lots 1-51. RESOLUTION NO.5479 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: 251 City Council Minutes May 8, 1997 Page 252 WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-51, Southhaven Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Utica Avenue from the South lip line of 98th Street to the South ends of alley returns South of 99th Street, known and designated as New Subdivision Sub -Unit Number 76 of unit Number 2037. Utica Drive from the South lip line of 98th Street to the North lip line of 99th Street, known and designated as New Subdivision Sub -Unit Number 77 of Unit Number 2037. Uxbridge Avenue from the South lip line of 98th Street to the North lip line of 99th Street, known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2037. Vicksburg Avenue from the South lip line of 98th Street to the South ends of alley returns South of 99th Street including 5 alley returns along the South side of 98th Street, known and designated as New Subdivision Sub - Unit Number 79 of Unit Number 2037. 99th Street from the West lip line of Utica Avenue to the East lip line of Vicksburg Avenue, known and designated as New Subdivision Sub -Unit Number 80 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 252 City Council Minutes May 8, 1997 Page 253 Passed by the City Council this 8th day of May, 1997. 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 /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Utica Avenue from 98th Street to the alley south of 99th Street. Utica Drive from 98th Street to 99th Street. Uxbridge Avenue from 98th Street to 99th Street. Vicksburg Avenue from 98th Street to the alley south of 99th Street. 99th Street from Utica Avenue to Vicksburg Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5479 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (28.) Consider Resolution No. 5480 authorizing Mayor to execute for and on behalf of the City of Lubbock a contract with the United States Government establishing the City of Lubbock as the contractor for a water line extension to the Executive Mobile Home Village. 253 City Council Minutes May 8, 1997 Page 254 RESOLUTION NO.5480 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 a Contract, an Amendment thereto, and related documents with the United States of America, Department of the Army, Corps of Engineers for the installation of approximately 5,920 linear feet of 12-inch waterline and one 6-inch meter near Reese Air Force Base, 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 8th day of May, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mike Murphy Mike Murphy Chief Engineer for Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of the Contract is filed with Resolution 5480. One of two water supply wells for the Executive Mobile Home Village has been determined as being contaminated by past operations at Reese Air Force Base. The City of Lubbock has been contacted by officials at Reese and the U. S. Army Corps of Engineers about the cost of extending water service to the site. The Executive Mobile Home Village is located on 34th Street west of Alcove Avenue. There are approximately 84 families at the village. In order for the City to perform this extension, the U. S. Government needs a signed contract making the City the contractor for construction and installation. The cost of this installation is estimated by City staff at $139,118. Staff will set the U. S. Government up on a fifteen year refund contract in the same manner as staff does for all customers paying for large line extensions. This entire process will be governed by the City of Lubbock Pro Rata Ordinance. A project similar to this was completed along Fourth Street to Reese Air Force Base in 1993. Staff recommended approval of the resolution and contract documents in order to proceed with this water line extension. 254 City Council Minutes May 8, 1997 Page 255 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5480 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (29.) Bid #97054 - Cattle Grazing Rights Summer & Winter Grazing (Land Application Site) RESOLUTION NO.5481 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 Koch Beef Company, of Lubbock, Texas, for the Cattle Grazing Rights Summer & Winter Grazing, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of May, 1997. 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 /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of the Cattle Grazing Contract is filed with Resolution 5481. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve Resolution No. 5481 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (30.) Bid #97073 - Firefighters Protective Clothing (Fire Department) Firegear, Inc., Aspen, CO --Total Bid (31.) Bid #97077 - Boiler Safety Valves (Electric Production) M&L Valve Service, Odessa, TX --Total Bid 255 City Council Minutes May 8, 1997 Page 256 (32.) Bid 497083 - Carpet Replacement at Lubbock International Airport Main Terminal (Aviation) RESOLUTION NO.5482 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 Paul Graham Company, of Lubbock, Texas, to install and furnish all materials and services as bid for the Carpet Replacement at Lubbock International Airport Main Terminal, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of May, 1997. 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 STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM CONTRACT THIS AGREEMENT, made and entered into this 8th day of May, 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 Paul Graham Company, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: 256 City Council Minutes May 8, 1997 Page 257 BID 997083 - CARPET REPLACEMENT AT LUBBOCK INTERNATIONAL AIRPORT MAIN TERMINAL - $22,224.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Adolfo Varela Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Linn Parish CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Paul Graham Company By: /s/ Norvell Johnson PRINTED NAME: Norvell Johnson TITLE: President COMPLETE ADDRESS: Paul Graham Company 1415 Avenue N Lubbock, Texas 79401 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve Resolution No. 5482 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 257 City Council Minutes May 8, 1997 Page 258 (33.) Bid #97086 - Lubbock Civic Center Chiller Replacement (Civic Center) RESOLUTION NO.5483 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 Comfort Masters Heating & Air Conditioning, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Lubbock Civic Center Chiller Replacement, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of May, 1997. 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 STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM CONTRACT THIS AGREEMENT, made and entered into this 8th day of May, 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 Comfort Masters Heating & Air Conditioning, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #97086 - LUBBOCK CIVIC CENTER CHILLER REPLACEMENT - $91,368.00 258 City Council Minutes May 8, 1997 Page 259 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. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Kaythie Darnell MAYOR Secretary APPROVED AS TO CONTENT: /s/ Freddy Chavez CONTRACTOR: Owner's Representative Comfort Masters Heating & Air Conditioning, Inc. APPROVED AS TO FORM: By: /s/ Glenn Davis /s/ Don Vandiver City Attorney PRINTED NAME: Glenn Davis TITLE: President ATTEST: COMPLETE ADDRESS: Corporate Secretary Comfort Masters Heating & Air Conditioning, Inc. 1101 East 58th Street /s/ Scott A. Stephens Lubbock, Texas 79404 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve Resolution No. 5483 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (34.) Bid 997090 - Self -Contained Breathing Apparatus Air Compressor & Equipment (Fire Department) Daco Fire & Safety, Lubbock, TX --Total Bid (35.) Bid #97091 - Pool Chemicals - 6 Month Pricing (Outdoor Recreation) POOLSTAR, Lubbock, TX --Total Bid 259 City Council Minutes May 8, 1997 Page 260 (36.) Bid #97102 - Natural Gas Boiler Fuel - Annual Pricing (Electric Production) This item was deleted from the agenda. (26.) Consider Resolution No. 5484 authorizing the Mayor to execute a contract with Nature's Way Resources to implement a centralized composting facility. RESOLUTION NO. 5484 WHEREAS, the City of Lubbock desires the composting of certain recyclable materials which have formerly gone to the landfill; and WHEREAS, Nature's Way Resources, Inc. desires to provide this service; and WHEREAS, O'Hair Shutters has been a major contributor of wood products waste to the City's landfill in the past; and WHEREAS, O'Hair Shutters and Graves & Gibson Industries have agreed to a contract whereby Graves & Gibson Industries shall take all wood waste produced by O'Hair Shutters and Nature's Way Resources, Inc. and shall turn it into compost that will be put to beneficial reuse; NOW THEREFORE, 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 an directed to execute for and on behalf of the City of Lubbock a Contract for the separation and composting of recyclable materials, attached herewith, by and between the City of Lubbock and Nature's Way Resources, Inc., and any associated documents. Said contract is attached hereto, and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of May, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM 260 City Council Minutes May 8, 1997 Page 261 A copy of the Composting Contract is filed with Resolution 5484. In an effort to preserve the environment and natural resources, the City of Lubbock is pursuing waste reduction initiatives that will reduce costs, increase revenue, and increase participation. The City requested proposals from vendors to establish a centralized composting facility at the landfill. One proposal for composting was submitted. A committee reviewed the RFP and recommended Nature's Way Resources for composting. Nature's Way Resources was the only vendor who submitted a proposal for City review. This company will assist the City in obtaining the retroactive 15 per cent rebate from the Texas Natural Resource Conservation Commission (TNRCC) dating back to the second quarter of 1994. The amount of the rebate will be approximately $190,000. By maintaining a centralized composting facility at the landfill, the City is entitled to a 15 per cent rebate on the landfill charge paid to the State of Texas for the material taken to the landfill. This will amount to approximately $65,000 per year. The City will also receive 20 per cent of the material that is composted to either sell internally or publicly. Nature's Way Resources will assist the City in marketing the material if necessary. The 45,000 cubic yards of material currently at the landfill that has been previously ground will be assessed a charge for composting of $5.00 per cubic yard. An initial mobilization and set-up fee of $30,000, to bring in equipment, will be invoiced upon signing the contract. The City will also receive 20 per cent of that material back to market and sell. Richard Graves spoke for Nature's Way, assuring the Council that they had been working with O'Hair Shutters. They will provide a valuable resource (wood chips), and Nature's Way would establish a location next to O'Hair Shutters. Councilmember Hernandez noted that the performance bond and insurance should be covered in the contract as well as the O'Hair Shutters and Nature's Way's contract. Staff recommended that Council authorize the Mayor to execute a contract between the City of Lubbock and Nature's Way Resources for composting of recyclable material. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5484 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (27.) Consider Resolution No. 5485 authorizing the Mayor to execute a contract with Graves and Gibson Industries for processing recyclable material. 261 City Council Minutes May 8, 1997 Page 262 RESOLUTION NO.5485 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 for separation and composting of recyclable materials, attached herewith, by and between the City of Lubbock and Graves and Gibson Industries, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of May, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl Hart Jeryl Hart, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of the Composting Contract is filed with Resolution 5485. Since 1994 the City of Lubbock has had a contract with BFI to process (sort and sell) recyclables collected through the City's Blue Bag program. BFI charges the City $97 per ton. This contract expires May 31, 1997. The City requested proposals from vendors to process and compost recyclable material. Two proposals were submitted for processing. A committee reviewed the proposals received and recommended Graves and Gibson Industries for the processing of recyclable material. Processing Charges Graves and Gibson $ 95.00 per ton. BFI $126.56 per ton. 262 City Council Minutes May 8, 1997 Page 263 Returned Revenue Graves and Gibson 100 per cent of the revenue will be returned to the City. BFI 100 per cent of the revenue will be returned to the City. Expansion of Commodities Collected Graves and Gibson Will be able to incorporate junk mail, magazines, cardboard, and white ledger paper into the blue bag program, therefore increasing the diversion rate. BFI Will not accept any new commodities. Site Location Graves and Gibson 6201 MLK (Lubbock Iron and Metal). BFI Landfill location. Rate Modification Graves and Gibson Did not include any rate modifications. BFI Indicated in proposal that the fees which are charged may be adjusted accordingly to reflect the Consumer Price Index for Urban Wage Earners and Clerical Workers (all items). Staff recommended that Council authorize the Mayor to execute a contract between the City of Lubbock and Graves and Gibson Industries for the processing of recyclable material. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5785 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (37.) Ordinance No. 9989 -- Amendment to the Zoning Ordinance to allow more than three adult dogs as a conditional use in the R- 1 and R-2 zoning districts. ORDINANCE NO. 9989 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-7(d) TO ADD MAINTAINING MORE THAN THREE ADULT DOGS ON A RESIDENTIAL LOT IN R-1 SINGLE FAMILY ZONING DISTRICTS AS A CONDITIONAL USE UPON APPROVAL BY THE ZONING BOARD OF ADJUSTMENT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Ordinance No. 9989 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Councilmember Hernandez voted Nay. 263 City Council Minutes May 8, 1997 Page 264 (38.) Consider Resolution No. 5486 authorizing the Mayor to execute a contract with HDR Engineering, Inc., for professional engineering services for the railroad relocation for the East-West Freeway. RESOLUTION NO. 5486 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 Supplemental Agreement No. 3 to the Agreement dated July 8, 1991 between the City of Lubbock and HDR Engineering, Inc., for professional services for the Railroad Relocation of the East- West Freeway in Lubbock, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of May, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of Supplemental Agreement No. 3 is filed with Resolution 5486. For many years the Texas Department of Transportation (TxDOT) and the City of Lubbock have been pursuing the construction of the East-West Freeway between I-27 on the east to Loop 289 on the west. After a series of planning and engineering studies, a freeway alignment along 4th Street and the Brownfield Highway was adopted in 1989. The railroad adjacent to the Brownfield Highway must be relocated to accommodate the new freeway. The City of Lubbock is responsible for moving the railroad although the City will be reimbursed by TxDOT for 90 per cent of the cost. In May, 1991 the City contracted with HDR Engineering, Inc. to provide engineering consultant services associated with the railroad relocation. Since then there have been two "Supplemental Agreements" to the 1991 contract, and this current action requested would authorize a third. Below is a listing of the purpose and cost of each of these City-HDR contracts/supplements. 264 City Council Minutes May 8, 1997 Page 265 Incremental Cost 07/91 Route Location Analysis, Environmental Studies & Public Involvement $492,349 11 /91 Additional Environmental Analysis - Prepare Draft Environmental Impact Study (DEIS) 137,342 11/93 Prepare and Submit Final Environmental Impact Study (FEIS) 134,902 05/97 Right -of -Way Maps, Plans, Specifications and Estimates, Construction Services 1,686,605 Total $2,451,198 The City's share of this supplemental agreement is $168,660 and with some from funds already transmitted to TxDOT. By agreement with TxDOT, the City has committed $8 million toward payment of the City's share of the cost of right-of-way acquisition and construction of the relocated railroad. Of this, $2 million has already been transferred to TxDOT. With Council approval of this contract, work on the Preliminary Design Phase will begin June 1, 1997 and will be completed in February, 1998. Final Design, ROW Acquisition and Utility Relocation will occur between March, 1998 and August, 1999. Thereafter, construction will take 12 months and is projected to be completed by May, 2000. The scope and work and fees have been reviewed by the City and TxDOT staff. The contract amount does fall within the "reasonableness" guidelines developed by the Texas Society of Professional Engineers for calculating engineering fees related to services for construction projects. Staff recommended approval. Councilmember Hernandez asked if the engineering service would be looking at the railroad moving closer to Reese. Mildred Cox advised the Council that the engineering contract would be moving forward with what has been approved by the environmental impact study. Steve Warren with TxDOT advised the Council that there would not be a need for another environmental impact study for the East- West Freeway, only recommended changes. There would be a 2-3 year delay for another study. TxDOT is of the above opinion that the impact would not be significant. Councilmember Hernandez asked Councilmember Ince if the Reese Reuse Authority is willing to forego another Environmental Impact Study. 265 City Council Minutes May 8, 1997 Page 266 Councilmember Ince stated that the Authority would be looking at the entire route: (1) relocating the right of way from the original plan and tax savings was not cost effective.; and (2) enhance by placing railroad spur closer into the Reese property. Councilmember Hernandez asked if the engineering contract will be looking at the best location for a switch for the railroad spur. Jim Bertram responded in the affirmative. Councilmember Hernandez commented leaving everything in place and fine tuning relocating to the West. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5486 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (39.) Consider Resolution No. 5487 stating the City of Lubbock supports the effort to declare cotton as the State of Texas Fiber/Fabric. RESOLUTION NO.5487 WHEREAS, cotton is used extensively in the manufacturing of clothing, as well as in medicine, surgery and a variety of other ways; and WHEREAS, the southern United States purportedly yields about sixty per cent of the world's total cotton crop, with the remainder being grown in Egypt, India, China, Russia, Brazil and a few other countries; and WHEREAS, cotton is widely grown in all areas of Texas and contributes more dollars to the economy of most parts of the State than any other crop, making Texas truly the land of cotton; and WHEREAS, due to the importance of the cotton industry to the world in general and to Texas in particular, the City Council of the City of Lubbock, Texas, would like the Legislature of the State of Texas to recognize cotton as the official State fiber and fabric; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Legislature of the State of Texas BE and is hereby encouraged to recognize the importance of cotton and the cotton industry to the citizens of this State by recognizing cotton as the official State fiber and fabric. Passed by the City Council this 8th day of May, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM 266 City Council Minutes May 8, 1997 Page 267 /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This resolution designates cotton as the official fiber and fabric material of the State of Texas. Cotton is the leading fiber raised and sold in our state and is the major crop contributor in Texas. Not only is the cotton grown in this great State marketed throughout the nation, but it is marketed throughout the world. It has been widely said that Texas is truly the land of cotton. This resolution acknowledges that cotton is the main cash crop grown in all areas of Texas. Staff recommended approval of the resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5487 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Ince had stepped off the dais. (40.) Confirm appointment of John Baker to the Board of Electrical Examiners. Motion was made by Councilmember Hernandez and seconded by Councilmember Nelson to appoint John Baker to the Board of Electrical Examiners. Motion carried: 4 Yeas, 0 Nays. (41.) Confirm appointment of Mike Epps to the Citizens Traffic Commission. Motion was made by Councilmember Hernandez and seconded by Councilmember Nelson to appoint Mike Epps to the Citizens Traffic Commission. Motion carried: 4 Yeas, 0 Nays. (42.) Confirm reappointments of Truett Craft, John Richardson, and Jeff Wall to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Hernandez and seconded by Councilmember Nelson to appoint Truett Craft, John Richardson, and Jeff Wall to the Neighborhood Redevelopment Commission. Motion carried: 4 Yeas, 0 Nays. (43.) Confirm appointment of Alvin Chatman to the Permit and License Appeals Board. Motion was made by Councilmember Patterson and seconded by Councilmember Nelson to appoint Alvin Chatman to the Permit and License Appeals Board. Motion carried: 4 Yeas, 0 Nays. 267 City Council Minutes May 8, 1997 Page 268 (44.) Confirm appointment of Paul Goebel to the Planning and Zoning Commission. Motion was made by Councilmember Patterson and seconded by Councilmember Nelson to appoint Paul Goebel to the Planning and Zoning Commission. Motion carried: 4 Yeas, 0 Nays. (45.) Confirm promotion of Winn Sikes from Alternate to Member; appointment of Harold Womack to Alternate; and reappointments of Carlos Thornton and Jerry Schaffner to the Zoning Board of Adjustment. Motion was made by Councilmember Patterson and seconded by Councilmember Nelson to promote Winn Sikes from Alternate to Member, appoint Harold Womack to Alternate, and reappoint Carlos Thornton and Jerry Schaffner to the Zoning Board of Adjustments. Motion carried: 4 Yeas, 0 Nays. The citizens referenced above were selected for service during the City Council meeting on April 24, 1997. They have all been contacted and have agreed to serve. 11:55 A.M. There being no further business to come before Council, Councilmember Patterson made a motion to adjourn, Councilmember Hernandez seconded the motion. Motion carried: 4 Yeas, 0 Nays. DY TN, MA ,J ATTEST: ayt Daniell, City Secretary Read and approved this A& of , 1997. DY TY ON,MAYOR ATTEST: AarnWe'll, City Secretary