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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/26/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 26, 1998 8:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 26th day of February, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. 8:00 A. M. CITY COUNCIL CONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, and Councilmember Randy Neugebauer. Mayor Sitton stated the Council would be holding an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney); pending or contemplated litigation (Building Inspection; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 8:02 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney). (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 (Building Inspection; Police Department; Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Board of Health Neighborhood Redevelopment Commission Planning and Zoning Commission Zoning Board of Adjustment (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 9:43 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Presentation of the Community Development and Services Board's recommendations on participation, prioritization, and substantial funding of neighborhoods for the period 1998-1999 through the CDBG, HOME, and ESG programs by Doug Goodman, Director of Health and Community Services. Regular City Council Meeting February 26, 1998 Page 96 ( 6.) Presentation of the Community Development and Services Board's recommendations on the reallocation of CDBG and HOME program funds by Doug Goodman, Director of Health and Community Services. 10:40 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T. J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell Absent: None (Councilmember Patterson excused himself from the meeting at 10:45 A. M.) Mayor Sitton called the meeting to order at 10:40 A. M. ( 7.) Bob Powell, Chaplain Supervisor of Methodist Hospital, gave the Invocation. ( 8.) The Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Roderick Evans Appointments Advisory Board Receiving: Judy Ribble Lubbock Libraries Board Receiving: Cary Sallee CITIZEN APPEARANCES Mayor Sitton recognized Paul Thomas, new Director of Lubbock Power and Light, and his wife, Lisa. ( 9.) Presentation of the Texas State Use Purchase Plus Program for Texans with Disabilities by Danny Hill, Regional Field Manager of Texas Industries for the Blind and Handicapped (TIBH). TIBH Industries is a private, non-profit corporation which was designated to help provide employment, through the Texas State Use Purchase Plus Program, for Texans with blindness and/or other disabilities. TIBH markets the products and services of these exceptional Texans and serves as the interface between community rehabilitation centers and the purchasing systems of the state, cities, school districts, counties, and all other political subdivisions. By engaging in productive work activities, Texans with disabilities become more independent and less reliant on subsidies, while providing quality products and services to customers. This, then, allows money paid by the taxpayers of Texas to be used elsewhere. (10.) Presentation of the update of activities on Board of Electrical Examiners by Galen Kunka, Chair. we Regular City Council Meeting February 26, 1998 Page 97 Mr. Kunka was unable to attend and requested that this be continued until the next Council meeting. CITIZEN COMMENTS Five citizens expressed comments to the Council. They were: Todd McKee Cecil Puryear Mikel Ward Doris Fletcher Wayne Lamberson Councilmember Nelson gave his Top Ten List. CONSENT AGENDA (Items No. 11 — 21) Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (11.) Approval of the minutes of the Regular City Council Meeting of February 12, 1998. (12.) Consider Ordinance No. 10052 abandoning and closing three portions of 66th Street located in Section 36, Block A-K, Lubbock County (5920 66th Street) (first reading). ORDINANCE NO. 10052 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH STREET LOCATED IN SECTION 36, BLOCK AK, 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 three portions of 66th Street between Homestead Avenue and Genoa Avenue. Originally, 66th Street was dedicated as an 80-foot wide street. However, it has been designated as a 64-foot wide collector street, which leaves a total of sixteen feet of excess right-of-way (eight feet on each side of the street) that the City does not need. Lots 12 and 13, Spur 327 Business Park, are being platted east of Homestead Avenue and north of 66th Street. Along with these plats they are closing the north eight feet of 66th Street and a street stub. The areas being closed measure as follows: Tract 1 - 8.00 feet by 235 feet or 1,955 sq. ft., Tract 2 - 8.00 feet by 330.05 feet or 2,640 sq. ft., Tract 3 - a street stub containing 996.58 sq. ft. The proponent of this closure is Lubbock Development, Inc. The Right -of -Way Department recommended approval of the first reading of this ordinance. 97 Regular City Council Meeting February 26, 1998 Page 98 (13.) Consider Ordinance No. 10053 abandoning and closing a 20-foot underground utility easement in Tract D, Pheasant Run Addition and a portion of a stormwater drainage and impoundment easement located in Tract A, Pheasant Run Addition to the City of Lubbock (6020 81st Street) (first reading). ORDINANCE NO. 10053 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT AND A PORTION OF A STORM WATER DRAINAGE AND EASEMENT LOCATED IN THE PHEASANT RUN 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 Frenship Independent School District is building a new school on Tract D, Pheasant Run Addition. This is located north of 81st Street and west of Homestead Avenue. Part of the school building will encroach upon the 20-foot utility easement which runs north to south along the east lot line of Tract D and into the stormwater drainage and impoundment easement located in Tract A, Pheasant Run Addition which adjoins Tract D on the east. The school will dedicate a new underground utility easement for this one being closed, and the City's engineering department has approved the drainage area to be closed. The Right -of -Way Department recommended approval of the first reading of this ordinance. (14.) 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 Charles E. Key d.b.a. Key Construction for $400. The property is to be redeveloped with a new 1,800-square-foot, single-family residence valued at $65,750. The land is properly zoned. The proposed development is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Community Development/ Housing Department recommended approval. (15.) Consider the price and condition of sale of Parcel Number 15760-22- 100 at 2503 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. The property is to be redeveloped with a 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 block 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, eight homes have been completed by volunteers. Two homes are currently under construction. The Community Development Department recommended approval. Regular City Council Meeting February 26, 1998 Page 99 (16.) Consider Resolution No. 5772 authorizing the Mayor to execute an interlocal agreement with Texas Tech University for cooperative purchasing. RESOLUTION NO. 5772 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement for Cooperative Purchasing, attached herewith, by and between the City of Lubbock and Texas Tech University, 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 City Council this 26th day of February, 1998. /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 A copy of the Interlocal Agreement is filed with Resolution 5772. Cooperative purchasing is one way that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 1. Lower costs through increased volume; 2. Lower (shared) administrative costs; 3. Improved response from vendors; 4. Shared experience leading to better product specification; and 5. Better compliance with state statutes on purchasing. Regular City Council Meeting February 26, 1998 Page 100 VTCA Government Code, Chapter 791 - Interlocal Cooperation Act allows local governments to contract with and between each other to provide governmental functions and services, and to join together in contracting with others to provide goods and services. This will facilitate City of Lubbock and Texas Tech University's collaborative efforts on a joint Request for Proposals for management services of the Civic Center/Auditorium/Coliseum/United Spirit Arena. The City of Lubbock and Texas Tech University desire to cooperate on selected governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is more strict and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and Texas Tech University will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this Interlocal Agreement will be for the balance of Texas Tech University's fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of Texas Tech University, unless City Council acts to terminate the agreement. Staff recommended approval of the resolution. (16A.) Consider Resolution No. 5773 authorizing the Mayor to execute Change Order No. 3 to Bid No. 97132 with Red River Construction Company for structural repairs indicated on RFI #10 on Digester #8 at the Water Reclamation Plant. RESOLUTION NO. 5773 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 Change Order, No. 3 to Project No. 97132, Southeast Plant Digester Rehabilitation, attached herewith, by and between the City of Lubbock and Red River Construction Co., Inc., and any associated documents, which Change Order 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. 100 Regular City Council Meeting February 26, 1998 Page 101 Passed by City Council this 26th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Keith Smith Keith Smith, Senior Civil Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 3 is filed with Resolution 5773. This change order, in the amount of $36,948.31, is to complete work determined to be necessary after internal inspection of the digester. Determination of necessary repairs had to be made after the contractor prepared the digester for inspection. $50,000 was allotted in the project to cover these repairs. Staff recommended approval of this resolution and execution of Change Order No. 3. (17.) Resolution No. 5774/RFP #97125—Engineering Services for Generator Design and Facility Modification (Water Utilities) RESOLUTION NO. 5774 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 Engineering Services for Generator Design and Facility Modification, attached herewith, by and between the City of Lubbock and Fanning, Fanning and Associates, 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. 101 Regular City Council Meeting February 26, 1998 Page 102 Passed by City Council this 26th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR /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 A copy of the Contract is filed with Resolution 5774. This contract provides engineering services related to generator design and facility modification needed to provide emergency generators at key water facilities to maintain water supply and pressure during major power outages. Three engineering firms submitted proposals to the City of Lubbock for these engineering services: • Agnew Associates, Inc., Lubbock, Texas • Compliance Services Group Incorporated, Lubbock, Texas • Fanning, Fanning and Associates, Inc., Lubbock, Texas A selection committee was appointed by the Director of Water Utilities to review and evaluate the proposals submitted by the firms listed above. Each committee member individually ranked Fanning, Fanning and Associates, Inc. highest of the three proposals. The selection committee recommended that Fanning, Fanning and Associates, Inc. be engaged to perform the engineering services as required for the Water Utilities generator design and facility modification project. Total engineering fee is $75,050. Staff recommended award of the contract to Fanning, Fanning and Associates of Lubbock, Texas. (18.) Bid #97311—Police Department Outerwear, Annual Pricing (Police Administration) This bid is for duty uniform outerwear, including coats and raingear, for Lubbock Police Department officers. These garments will be purchased by city police officers through a uniform expense allotment program previously approved by the City Council. The expenses incurred by each officer for these garments will be deducted from the individual officer's $1,000 annual uniform expense allotment. The specifications for this bid required vendors to quote pricing for eight Blauer products, one Horace Small product, and two Bayley items, or products equivalent to the named garments in design and quality. 102 Regular City Council Meeting February 26, 1998 Page 103 The Police Supply -Uniforms budget amount is $55,000. The low bidders include the following companies: J. B. Battle Uniform Co. of Dallas, Texas $2,572.50 Uniform Today, Inc. of Lubbock, Texas $46,623.00 (19.) Resolution No. 5775/Bid #t98010-Berl Huffman Wet Well and Pump Station Installation (Park Maintenance) RESOLUTION NO. 5775 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 by and between the City of Lubbock and Rhode Construction Company of Lubbock, Texas, to install and furnish all materials and services as bid for the Berl Huffman Wet Well & Pump Station Installation, which Contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 26th day of February, 1998. /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 26th day of February, 1998, 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 Rhode Construction 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: 103 Regular City Council Meeting February 26, 1998 Page 104 BID #98010 - BERL HUFFMAN WET WELL & PUMP STATION INSTALLATION - $119,221.00 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/ Burke Tollett Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary Jana L. Jekins (20.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Rhode Construction Company /s/ Carman G. Rhode PRINTED NAME: Carman G. Rhode TITLE: Vice President COMPLETE ADDRESS: Rhode Construction Company P. O. Box 53370 Lubbock, Texas 79453 This project involves the installation of a new pump station for the one hundred acre irrigation system at the Berl Huffman Athletic Complex. The existing pump station is more than seventeen years old and has been marginally operable for the past five years. The Capital Outlay -Huffman Pump Unit Replacement budget amount is $120, 000. The low bid is $119,221 from Rhode Construction Company of Lubbock, Texas. Resolution No. 5776/Bid #98013-Modular Boat Dock and Fishing Pier (Water Utilities) 104 Regular City Council Meeting February 26, 1998 Page 105 RESOLUTION NO. 5776 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 by and between the City of Lubbock and Atlantic-Meeco, Inc. of McAlester, Oklahoma, to install and furnish all materials and services as bid for the Furnish and Install Pre -Fabricated Modular Boat Deck & Fishing Pier at Lake Alan Henry, which Contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 26th day of February, 1998. 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/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of February, 1998, 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 Atlantic-Meeco, Inc., of the City of McAlester, County of Pittsburg, and the State of Oklahoma, 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 #98013 - FURNISH & INSTALL PRE -FABRICATED MODULAR BOAT DECK & FISHING PIER AT LAKE ALAN HENRY - $282,879.00 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. 105 Regular City Council Meeting February 26, 1998 Page 106 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/ Tim Parker Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary Jorge Chatermo CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Atlantic-Meeco, Inc. : /s/ Chris Clark PRINTED NAME: Chris Clark TITLE: President COMPLETE ADDRESS: Atlantic-Meeco, Inc. 1501 East Gene Stipe Blvd. McAlester, OK 74501 This project is for the construction of a boat dock and fishing pier at the Sam Wahl Recreational Area at Lake Alan Henry. The purpose of the construction is to provide users of Lake Alan Henry a location for temporary docking of boats and a facility for fishermen. The boat dock and fishing pier will be of the prefabricated type and will be constructed south of the City's existing boat ramp. The Water Capital Projects Fund - LAH Recreational Area Improvements budget amount is $600,000. The low bid is $282,879 from Atlantic-Meeco, Inc. of McAlester, Oklahoma. This bid amount is within Carter -Burgess design and construction estimate of a similar facility ranging from $305,800 to $459,800. (21,) Bid #98015-Pre-Emergent Herbicide Application (Park Maintenance) This bid is for the application of pre -emergent herbicide on 25 park properties that should result in improved turf appearance. The target pest for the herbicide is summer grassy and broadleaf weeds such as grass burrs, green foxtail, spurge, and numerous other weeds. This is the first season for this program, and staff was conservatively estimating the number of parks that could be treated with the dollars that were available. Staff plans to continue the program in the future with an increase in treated park sites. 106 Regular City Council Meeting February 26, 1998 Page 107 The General Facilities System Improvement Fund budget amount is $62, 000. The low bid is $38,770.79 from BCC, Inc. of Brownfield, Texas. Staff recommended award of each of the bids in Items No. 17-21 to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA PUBLIC HEARINGS (22.) Ordinance No. 10054 - Zone Case No. 2809 ( 5502 19th Street): Hold a public hearing to consider request of Jill Wines (for Wee Care Child Care Center) for zoning change from R-1 to A-2 limited to a daycare on 1.889 acres of land out of a portion of Section 4, Block E-2. ORDINANCE NO. 10054 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2809; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A DAYCARE ON 1.889 ACRES OF LAND OUT OF A PORTION OF SECTION 4, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:22 a.m. Andy Wines appeared on behalf of Wee Care Child Care Center to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:26 a.m. The request will accommodate a proposed child care facility east of the new Groves Library. The City has sold the excess property from the library project. Adjacent land uses: North - residential South - residential East - residential West - residential The request is compatible with the Comprehensive Land Use Plan. One policy statement indicates that community based uses including churches, and child care in this case, should be located on the perimeter of neighborhoods. Chicago is a collector and 19th is a thoroughfare. The only zoning policy subject to discussion is compatibility of the proposed project with adjacent residential. The proponents have spent a good deal of time reviewing the proposal with adjacent property owners. A solid fence adjacent to the alley with no vehicular access is an A-2 regulation adjacent to R-1. The project should have little effect on traffic. 107 Regular City Council Meeting February 26, 1998 Page 108 Several neighbors indicated the need for a right turn lane on Chicago. The lane can be dedicated when the property is platted. The southbound lane currently has a right turn and a through/left turn lane. Congestion occurs in the left/through lane. Streets Engineering does not have a current estimate for a source of funding or timing for construction of the lane. Traffic Engineering indicates that a new signal with a left turn signal is scheduled to be installed in August, 1998. The request was approved by the Planning and Zoning Commission subject to the following condition: The use shall be limited to a daycare. Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10054 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (23.) Zone Case No. 2806 (2103 34th Street): Continuation of public hearing on appeal of Ike Garner for zoning change from C-2 to C-4 for a secondhand goods store on Lot 1 and the east 120 feet of Lot 2, McGee Addition, and to consider ordinance. The Council continued this item from February 12. Mr. Garner was unable to attend the Council meeting and had requested that this be continued until the next meeting. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to continue this item until the March 12, 1998 City Council Meeting. Motion carried: 6 Yeas, 0 Nays. TRANSPORTATION SERVICES (24.) Consider Resolution No. 5777 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor Initiative between the City of Lubbock and the City of Plainview. RESOLUTION NO. 5777 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and the City of Plainview. 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. 108 Regular City Council Meeting February 26, 1998 Page 109 Passed by City Council this 26th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Interlocal Cooperative Agreement is filed with Resolution 5777. Lubbock continues to work with its West Texas neighbors to secure interlocal agreements for the possible expansion of I-27. By working closely with other cities along I-27, staff is forming a united front on transportation for this region. To date staff has entered into interlocal agreements with Lubbock County, City of New Deal, Hale County, City of Tulia, Swisher County, and Randall County. Plainview joins the list of cities that have entered into agreements with the City of Lubbock to share costs associated with this transportation initiative. City of Plainview's proportional share is $13,728. Lubbock will continue to work with remaining cities on I-27 who have yet to enter into agreement to share costs associated with this project. Tommy Gonzalez, Director of Civic Services, presented staff comments. Staff recommended approval of the interlocal agreement between the City of Lubbock and the City of Plainview. Motion was made by Councilmember Cooke, seconded by Councilmember Neugebauer to pass Resolution No. 5777 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. (25.) Consider Resolution No. 5778 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor Initiative between the City of Lubbock and the City of Abernathy. 109 Regular City Council Meeting February 26, 1998 Page 110 RESOLUTION NO. 5778 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and the City of Abernathy 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 City Council this 26th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager . •••� � :�CII�1��71iu /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Interlocal Cooperative Agreement is filed with Resolution 5778. This interlocal agreement is similar to the agreement entered into with the City of Plainview. Abernathy joins the list of cities and counties who have agreed to share in the costs associated with the future potential expansion of I-27. Abernathy's proportional share is $1,661. Lubbock will continue to work with remaining cities on I-27 who have yet to enter into agreement to share costs associated with this project. Tommy Gonzalez, Director of Civic Services, presented staff comments. Staff recommended approval of the interlocal agreement between the City of Lubbock and the City of Abernathy. Motion was made by Councilmember Cooke, seconded by Councilmember Neugebauer to pass Resolution No. 5778 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. (26.) Consider Resolution No. 5779 accepting paving improvements constructed by Williams and Peters Construction Company, Inc. in Summerfield Addition, Lots 161-257 and Tracts A-5, A-6 and D. 110 Regular City Council Meeting February 26, 1998 Page 111 RESOLUTION NO. 5779 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Summerfield Addition Lots 161-257 and Tract A-5, A-6 and "D", 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: Elgin Avenue from the alley North of 87th Street to the North lip line of 87th Street, known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2037; and Dixon Avenue from the South lip line of 87th Street to the North lip line of 88th Street, known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2037; and Detroit Avenue from the South lip line of 88th Street to the alley South of 88th Street, known and designated as New Subdivision Sub -Unit Number 87 of Unit Number 2037; and Canton Avenue from the North lip line of 88th Street to the alley North of 87th Street, known and designated as New Subdivision Sub -Unit Number 88 of Unit Number 2037; and 88th Street from the West end of radius at Boston Avenue to the cul-de-sac 360 — feet West of Dixon Avenue, known and designated as New Subdivision Sub -Unit Number 89 of Unit Number 2037; and 87th Street from the West lip line of Canton Avenue to the cul-de-sac 200 feet West of Elgin Avenue, known and designated as New Subdivision Sub -Unit Number 90 of Unit Number 2037; and 87th Street from the West lip line of Boston Avenue to the East lip line of Canton Avenue (including alley stub in West side of Boston Avenue, South of 87th Street) known and designated as New Subdivision Sub -Unit Number 91 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. 111 Regular City Council Meeting February 26, 1998 Page 112 Passed by City Council this 26th day of February, 1998. /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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice 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: Elgin Avenue from the alley north of 87th Street to the north lip line of 87th Street; Dixon Avenue from the south lip line of 87th Street to the north lip line of 88th Street; Detroit Avenue from the south lip line of 88th Street to the alley south of 88th Street; Canton Avenue from the north lip line of 88th Street to the alley north of 87th Street; 88th Street from the west end of radius at Boston Avenue to the cul-de-sac 360 feet west of Dixon Avenue; 87th Street from the west lip line of Canton Avenue to the cul-de- sac 200 feet west of Elgin Avenue; and 87th Street from the west lip line of Boston Avenue to the east lip line of Canton Avenue (including alley stub in west side of Boston Avenue, south of 87th Street). There is no City cost due the contractor upon this acceptance. Larry Hertel, City Engineer, presented staff comments. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5779 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Neugebauer recused himself. (27.) Consider Resolution No. 5780 stating the intent to pave portions of streets and alleys to be included in an assessment program. 112 Regular City Council Meeting February 26, 1998 Page 113 RESOLUTION NO. 5780 1997 ASSESSMENT PAVING PROGRAM WHEREAS, the City Council of the City of Lubbock by Resolution Nos. 5722 and 5739 passed on December 11, 1997, and January 8, 1998, respectively, in regular session of said City Council, declared a necessity for and ordered the improvement of those certain highways, streets, avenues and alleys or portions thereof in the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by excavating, grading and paving the same, and by the construction of drainage facilities therein, and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directed the City Engineer to prepare plans and specifications for said improvements; and WHEREAS, the plans and specifications for the improvements of said highways, streets, avenues, and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock County, Texas; and WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary and in the public interest to make the improvements herein designated on those certain highways, streets, avenues and alleys or portions thereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT improving the hereinafter described highways, streets, avenues and alleys or portions thereof located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein, as well as the necessary curbs and gutters, which are not now in place, is hereby found to be a necessity. SECTION 2. THAT the cost of making such improvements shall be partly paid for by the City of Lubbock and partly by the owners of property abutting upon the hereinafter described highways, streets, avenues and alleys or portions thereof which are hereby ordered to be improved, and the cost to be paid by the owners shall be a personal liability and charge against the true owners of such property after public hearing, all in accordance with and as required by Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code. SECTION 3. THAT the portions of highways, streets, avenues and alleys which are to be improved and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -unit are as follows: UNIT AND SUB -UNIT ALLEYS (10' WIDE) A-461-73 The East-West alley between 64th Street and 66th Street from Memphis Avenue East to 66th Street. A-461-74 The North -South alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Boulevard. UNIT AND SUB -UNIT STREETS AND AVENUES 2342-001 East Harvard Street from Ash Avenue to Birch Avenue. 2386-002 82nd Street from Frankford Avenue to West to the City limits. 113 Regular City Council Meeting February 26, 1998 Page 114 SECTION 4. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this Resolution and to record or cause the same to be recorded in the Real Property Records of Lubbock County, Texas. SECTION 5. THAT this Resolution shall take effect and be in force from and after its passage. Passed by City Council this 26th day of February, 1998. /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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice This is the third of five resolutions associated with an assessment program for the construction of paving improvements as follows: The east -west, north -south alley between 64th Drive and 66th Street from Memphis Avenue east to 66th Street; The north -south alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Boulevard; East Harvard Street from Ash Avenue to Birch Avenue; and 82nd Street from Frankford Avenue west to the City Limits. This resolution will be filed in the Real Property Records of Lubbock County and serves to notify anyone doing title research that an assessment on the affected properties is in progress. Larry Hertel, City Engineer, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5780 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. HEALTH AND COMMUNITY SERVICES (28.) Consider Resolution No. 5781 authorizing the Mayor to execute a designation of the Neighborhood Target Areas for 1998-99 for the Community Development Program. 114 Regular City Council Meeting February 26, 1998 Page 115 RESOLUTION NO. 5781 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 1998-99 for the Community Development Program and all related documents. 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. Passed by City Council this 26th day of February, 1998. /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 Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Designation is filed with Resolution 5781. In 1993, the City Council set goals regarding the targeting of neighborhoods to accomplish a focused renovation of blighted areas of the community. The goal of targeting is to concentrate efforts to revitalize a neighborhood, yielding more visible results to the community and ultimately raising the income level of the neighborhood above the low -moderate cut-off line. A target neighborhood will be eligible for substantial funding from the Community Development Block Grant, the HOME Investment Partnership Program, and the Emergency Shelter Grant Program. Targeting does not mean that the other eligible neighborhoods are excluded from funding; however, they will receive less funding than the targeted neighborhoods. The following neighborhoods were selected by City Council for targeting during the identified fiscal years: FY 94-95 Arnett -Benson; Chatman Hill FY 95-96 Arnett -Benson; Chatman Hill; Chris Harwell FY 96-97 Arnett -Benson; Chatman Hill; Chris Harwell; Jackson/Mahon FY 97-98 Arnett -Benson; Chris Harwell; Jackson/Mahon 115 Regular City Council Meeting February 26, 1998 Page 116 The Community Development and Services Board met on February 4, 1998 to discuss, re-evaluate, and vote on the 1998-99 recommendations for target areas. In keeping with the Consolidated Plan, the CDSB decided to recommended to the City Council that: 1. Fifteen CD eligible neighborhoods continue to participate in federal funding. 2. Seven of those neighborhoods continue to be prioritized as identified in the Consolidated Plan. 3. That the Arnett -Benson, Chris Harwell, Jackson/Mahon and the Heart of Lubbock neighborhoods be targeted for substantial funding in 1998-99. Doug Goodman, Director of Health and Community Services, presented staff comments. The Community Development staff supported the recommendations of the Community Development and Services Board. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass Resolution No. 5781 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (29.) Consider Resolution No. 5782 authorizing the Mayor to execute a reallocation of Community Development Block Grant and HOME Investment Partnership Program funds for 1997-98. RESOLUTION NO. 5782 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 Reallocation of Community Development Block Grant and Home Investment Partnership Program for 1997-98 and all related documents. Said Reallocation 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 City Council this 26th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman4 Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney 116 Regular City Council Meeting February 26, 1998 Page 117 A copy of the Reallocation is filed with Resolution 5782. In order to meet the spending guidelines required by HUD, each year the Community Development Department must reallocate any unspent money from closed projects as well as program income. This year there is money from both the Community Development Block Grant (CDBG) Program, as well as the HOME Program, to be reallocated. The Community Development and Services Board met on February 4, 1998 to discuss and vote on the 1998-99 recommendations for reallocation of federal funds. In keeping with the needs identified in the five-year Consolidated Plan, the CDSB decided to recommended to the City Council that: 1. The $100,000 in HOME Program Income be divided in the following manner: $50,000 in city-wide rehabilitation, and $50,000 in new construction. 2. The CDBG Reallocation of $600,000 be distributed in the following manner: North University Infrastructure $ 55,000 YWCA Building Acquisition 100,000 CD/Housing Consolidation 100,000 City -Wide Housing Rehab 50,000 Emergency Repair Program 100,000 Barrier Free living Program 100,000 Positions 45,000 Contingency 50,000 Doug Goodman, Director of Health and Community Services, presented staff comments. The Community Development staff supported the recommendations of the Community Development and Services Board. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No. 5782 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC SAFETY (30.) Consider Ordinance No. 10055 amending Article IX of Chapter 14 of the Code of Ordinances of the City of Lubbock, Texas with regard to sexually oriented businesses with the City. ORDINANCE NO. 10055 AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY; PROVIDING FOR APPEAL; AND PROVIDING FOR PENALTY. The provision for appeal of the denial of an application for a sexually oriented business permit or the suspension or revocation thereof requires amendment. Presently Sec. 14-252 provides for judicial review as provided under the Texas Government Code, Administrative Procedure. These provisions are not readily adaptable by local government because 117 Regular City Council Meeting February 26, 1998 Page 118 they provide for filing of the appeal at Austin. Deletion of reference to appeal to the courts will mean that the decision of the Permit and License Appeal Board on administrative appeal is final except as to any state or federal constitutional issue that might be raised. City of Amarillo v. Hancock, 239 S.W.2d 788, 790 (Tex. 1951). Originally, the new ordinance amended Section 14-254-A, which provides for additional regulations of sexually oriented cabarets or lounges. This section was last amended by Ordinance No. 10020, adopted 10-09-97. That amendment adopted a "no touch rule" under which neither the semi-nude dancer nor patron may touch one another. The Lubbock Police Department has had occasion to enforce this rule. At least one permit holder has taken the position that it is not possible for the permit holder to enforce the no touch rule. This related to violations that occurred as a result of table dancing which the permit holder conducts as a regular part of its business. Table dances provide a one- on-one contact between the dancer and customer that includes the direct exchange of money and facilitates the occurrence of criminal activities such as drug dealing and prostitution. In order to assist enforcement of the regulations and to deter the adverse secondary effects of criminal activities such as drug dealing and prostitution, a six-foot rule and platform requirement were proposed. The six-foot rule and platform requirement would assist permit holders in assuring that their employees comply with the no touch rule and would also assist the police in enforcement of the regulations. Enforcement of the regulations should reduce the occurrence of increased criminal activities related to the operation of sexually oriented cabarets and lounges. A six-foot rule and platform regulation have been upheld by the Federal District Court, Eastern District of Texas in Houston. Riva Corporation, et al., v. Harris County, et al., Civil Action No. H-96-3277. Our 5th Circuit Federal Appellate Court has not considered the constitutionality of the provisions upheld by the Eastern District Court at Houston. However, the 9th Circuit Court of Appeals at California has upheld similar regulations. Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986). The six foot and platform rules were pulled from the proposed ordinance, with the expectation that they will later be considered by City Council. Presently the penalty clause classifies a violation as a Class C Misdemeanor and sets the penalty at $2,000 (Sec. 14-265). Under the Texas Penal Code the maximum fine for a Class C Misdemeanor is $500. This Penal Code limitation is applicable to offenses defined by other laws, including municipal ordinances (Penal Code Sec. 1.03). Therefore, the new ordinance revises Sec. 14-265 to remove the classification statement. A municipal court has jurisdiction of criminal cases that arise under the ordinances of the municipality and are punishable by a fine not to exceed $2,000 under ordinances that govern fire safety, zoning, or public health and sanitation (Government Code Sec. 29.003[a]). 118 Regular City Council Meeting February 26, 1998 Page 119 Under Chapter 2, the provisions relating to setting Permit and License Appeal Board hearings are confusing (Sec. 2-165). Because the meeting must be set within 30 days of the denial, suspension or revocation, and because provisions in the City Code relating to licensing provide time for the applicant or license holder to give notice of appeal after a denial, suspension or revocation, the City Secretary has on occasion had less than two weeks to schedule appeal hearings. The revision provides that the hearing will be scheduled within 30 days of the filing of the notice of appeal, thus allowing up to 30 days to schedule appeal hearings. Section 2-165 presently provides for a quorum of three but has no voting provision. Board members have asked in the past if they must be unanimous when voting on a matter. That question is difficult to answer under the current ordinance. The amendment provides that a majority vote when a quorum is present will carry a motion. Anita Burgess, City Attorney, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10055 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS (31.) Consider Resolution No. 5783 supporting the effort to move the Silent Wings Museum to Lubbock International Airport. RESOLUTION NO. 5783 WHEREAS, Lubbock's municipal airport was redesignated the South Plains Army Airfield during World War II and used as a major military glider pilot training base; and WHEREAS, the Silent Wings Museum presently located in Terrell, Texas houses an extensive collection of military glider archives and artifacts; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the citizens of the City of Lubbock to cooperate with the Silent Wings Museum Foundation and the Texas Aviation Heritage Foundation, Inc. to bring the Silent Wings Museum to the Lubbock International Airport, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby declares its full and complete support of the effort to bring the "Silent Wings Museum" of World War II military glider operations to Lubbock, especially since Lubbock's South Plains Army Airfield was a major training site for World War II combat glider pilots. 119 Regular City Council Meeting February 26, 1998 Page 120 Passed by City Council this 26th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney During World War II, Lubbock's municipal airport was taken over by the military and used as a glider pilot training base. Re -named as South Plains Army Airfield, the base served as the training grounds for most of the glider pilots that saw action during the war. When the war was over, the base was decommissioned, and the facilities were returned to civilian control. While this was only a brief period in the history of our city's airport, it is now a unique part of military history. Many of the men and women who were stationed at South Plains Army Airfield during the war are now members of the Military Combat Glider Pilot's Association (MCGPA), a non-profit group dedicated to the historical preservation of the glider pilots' story. MCGPA is associated with a museum located in Terrell, Texas, which houses an extensive collection of archives and artifacts. Named the Silent Wings Museum, the collection includes a fully restored CG-4A glider, the same type that was used for most of the training at South Plains Army Airfield. Two years ago, the Department of Aviation was contacted by the Board of the Silent Wings Museum to explore the possibility of bringing the museum to Lubbock International Airport. Lubbock was one of several sites that the Board was considering, but it is a sentimental favorite among the members because of the historical connection. After several months of discussion, the airport was invited to submit a proposal for the museum. While the airport staff supported the concept, there were concerns about how the museum would be funded and who would staff it. About a year after the airport's first contact with the Silent Wings Museum Board, a group of aviation supporters in Lubbock established the Texas Aviation Heritage Foundation, Inc. (TAHFI), a non-profit group dedicated to preserving the aviation heritage of Texas and the South Plains. Discussions between TAHFI and the airport led to a joint approach to luring the museum that would limit the City's role in the project. The proposal includes the following: 120 Regular City Council Meeting February 26, 1998 Page 121 The City of Lubbock would: 1. Provide a ten -acre, long-term lease at no cost for the Silent Wings Museum and a surrounding Aviation Heritage Park (the park would be used not only by museum visitors, but would also provide a picnic site for the numerous school tours that visit the airport); 2. Provide picnic tables and equipment for the park; and 3. Maintain the grounds as a part of the airport grounds maintenance program. TAHFI would: 1. Raise $1 million for construction of a museum building and the relocation of the museum to Lubbock; and 2. Develop and implement a program under which a third party would operate the museum on an on -going basis. The Silent Wings Museum would: 1. Transfer ownership of all of the museum's artifacts and archives to the new museum; and 2. Provide approximately $350,000 for the development of displays in the museum. The land provided on the airport would be dedicated specifically for use _ as a museum and park site as described above. Any modification or expansion of the concept would require approval by the City Council. A specific site for the museum will be chosen at a later date. Mark Earle, Aviation Manager, presented staff comments. Dr. John Bessler, Chair of the Texas Aviation Heritage Foundation, Inc., also presented comments. Staff requested that the Council pass a resolution supporting the effort to move the Silent Wings Museum to Lubbock International Airport. In the event that Lubbock is the chosen site, staff will negotiate a lease as described above and will present it to the City Council for final approval. The Airport Board and staff recommended approval. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5783 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (32.) Consider Ordinance No. 10056 amending Article VI of Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas with regard to the Permit and License Appeal Board. ORDINANCE NO. 10056 AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING FOR MEETINGS, QUORUM AND VOTING. 121 Regular City Council Meeting February 26, 1998 Page 122 The agenda comments for this item are included with the comments in Item No. 30, as they are related. Anita Burgess, City Attorney, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10056 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (33.) Consider Ordinance No. 10057 amending Ordinance No. 9971 regarding telecommunications franchises to provide an alternative linear foot fee for right of way usage to apply in the event such linear foot fee would exceed the standard access line charge. ORDINANCE NO. 10057 AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS FRANCHISING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This change is needed because it was discovered during recent franchise renewal negotiations with a smaller telecommunications company that several prior franchises with smaller providers had provided a linear foot fee as an alternative to the gross receipts (currently access line fee) fee paid by the larger companies. Failure to include an alternative linear foot fee, as has been historically done in Lubbock, could result in a situation where a smaller franchise holder might use nine miles of right of way but only serve three commercial customers, which would result in an annual access line fee of approximately $9.00. Obviously, this situation would not provide adequate compensation to the City for the use of that amount of right of way. The City's telecommunications franchising consultant, Mr. Mark Smith of Austin, recommended that in view of the non-discrimination provisions contained in the both federal and state laws at the present time the alternative linear foot charge should not be put in individual franchises, but should be put in the regulatory ordinance and applied equally to all franchise holders. It was initially thought that perhaps the linear foot fee could be handled as a street use license, but Mr. Smith recommended against that possibility for the reasons stated above. The alternative linear foot fee will not impact the existing franchise with Southwestern Bell Telephone, as City calculations based upon the total street and alley right of way within the City of Lubbock indicate that the access line fee will exceed the linear foot fee alternative in the Southwestern Bell's case. This figure of fifteen cents per linear foot is the amount contained in the most recent small company franchises granted by the City and should not have an adverse effect on the small providers as it is the same amount already being paid in existing franchises. Don Vandiver, First Assistant City Attorney, presented staff comments. Staff recommended passage of this ordinance. 122 Regular City Council Meeting February 26, 1998 Page 123 Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10057 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. (34.) Consider Resolution No. 5784 establishing a Citizen Economic Development Task Force to investigate and recommend economic development funding alternatives to the City Council. RESOLUTION NO. 5784 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the citizens of the City of Lubbock to create an Economic Development Task Force to investigate and recommend economic development funding alternatives to the City Council; and WHEREAS, said Task Force shall be composed of 15 Lubbock residents to be appointed by the City Council; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. There is hereby created an Economic Development Task Force of the City of Lubbock to investigate and recommend to the City Council, Market Lubbock, Inc. and other interested parties means, methods and opportunities by which economic development funding for the City of Lubbock may be advanced. SECTION 2. The Task Force shall consist of 15 members, who shall serve for a period of one year from the date of this Resolution. Each City Council member shall appoint two members to the Task Force and the Mayor shall name three members. The Task Force will elect its own chair as its first order of business. SECTION 3. The Task Force shall complete its work within one year of the date of this Resolution, and shall forthwith present a written report prioritized with funding recommendations to the City Council on economic development funding strategies, and shall make such other reports or appearances before the City Council, Market Lubbock, Inc. and other interested parties as may be requested by the City Council. SECTION 4. The Task Force shall concentrate its efforts upon economic development funding strategies in order to make recommendations regarding alternative funding sources and procedures for making maximum use of existing funding sources. Innovation and education in economic development funding strategies shall be a goal of the Task Force. Passed by City Council this 26th day of February, 1998. /s/ WINDY SITTON ATTEST: WINDY SITTON, MAYOR /s/ Kaythie Darnell Kaythie Darnell, City Secretary This item was placed on the agenda at the request of Mayor Windy Sitton. Mayor Sitton and Councilmember Nelson presented comments related to this item. 123 Regular City Council Meeting February 26, 1998 Page 124 Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5784. Motion carried: 6 Yeas, 0 Nays. (35.) Consider a resolution changing the time of Regular City Council Meetings to afternoon or evening hours. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Neugebauer to continue this item indefinitely. Motion carried: 4 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. (36.) Consider a resolution directing the City staff to provide timely answers to open records requests by the public and/or news sources and to request an Attorney General Opinion only when it is necessary to do so in the opinion of the City's legal staff. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Prior to Council meeting, Councilmember Hernandez requested that this item be deleted from the agenda. (37.) Consider a resolution directing the City staff to provide public information to the public and/or news sources at the minimum cost established by law. This item was placed on the agenda at the request of Councilmember -- Victor Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Neugebauer to continue this item indefinitely. Motion carried: 4 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. (38.) Consider a resolution directing the City staff to video tape all briefings of City Council members being given by City staff and preserve such video tape for viewing by the public and/or news sources. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Neugebauer to continue this item indefinitely. Motion carried: 4 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. (39.) Consider a resolution requiring a member of the City Council to serve as a formal liaison to each City board and commission. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Prior to Council meeting, Councilmember Hernandez requested that this item be deleted from the agenda. 124 Regular City Council Meeting February 26, 1998 Page 125 (40.) Consider a resolution requiring the City Council to continue to make all appointments of City board and commission members in public and on the record. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Cooke, seconded by _ Councilmember Neugebauer to continue this item indefinitely. Motion carried: 4 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. (41.) Consider a resolution establishing the position of "Citizen Liaison to the City Council" and directing the City Manager to add such position to the staff of the City's Public Information Office. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Prior to Council meeting, Councilmember Hernandez requested that this item be deleted from the agenda. BOARD APPOINTMENTS Motion was made by Councilmember Hernandez, seconded by Councilmember Neugebauer to confirm all reappointments of board members. Motion carried: 6 Yeas, 0 Nays. (42.) Confirm the reappointment of Richard 011er and Dr. Donna Bacchi- Smith to the Board of Health. (43.) Confirm the reappointment of Harry Stokley and Floyd Stumbo to the Park and Recreation Board. (44.) Confirm the reappointment of Mitchell Hankins, Lee Manning, Winn Sikes, and Harold Womack to the Zoning Board of Adjustment. The citizens referenced above were selected for service during the City Council executive session on February 12, 1998. They were all contacted and have agreed to serve. 12:10 P. M. COUNCIL RECESSED 1:57 P. M. COUNCIL RECONVENED 125 Regular City Council Meeting February 26, 1998 Page 126 1:58 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Ince made a motion to adjourn; Councilmember Hernandez seconded the motion. Motion carried: 4 Yeas; 0 Nays. Mayor Sitton, Mayor Pro Tem Cooke, and Councilmember Neugebauer were absent when Council reconvened. T: Kayffile Darnell, City Secretary Read and approved this 't w- ATTEST: day of , 1998. Y SrfoD N, VA YUR 126