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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/25/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 25, 1998 8:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of June, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A. M. 8:02 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember David Nelson CITIZEN COMMENTS Six citizens expressed comments to the Council. They were: Cecil Puryear Loran Partigianom Sean Schubert Mikel Ward Rev. Dr. N. H. Franklin Nora Richardson EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (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 (Transportation). 8:26 A. M. CITY COUNCIL RECESSED 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 (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 Airport Board Board of Electrical Examiners Building Board of Appeals Culture and Arts Commission Electric Utility Board Keep Lubbock Beautiful Advisory Committee Empowerment Zone Steering Committee Regular City Council Meeting June 25, 1998 Page 388 ( 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 (Transportation). 9:45 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 (5.) Presentation on Market Lubbock, Inc. (MLI) FY 1998-99 Proposed Budget by Gary Lawrence, Board Chair, and Wayne Boling. ( 6.) Presentation on Marketing, Entertainment, Travel, Tourism, Sports, Inc. (METTS) FY 1998-99 Proposed Budget by Bob Greenhill, Board President, and Nancy Gray. (7.) Presentation on Lubbock Reese Redevelopment Authority (LRRA) FY 1998-99 Proposed Budget by Delbert McDougal, Vice President. 11:31 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Bob Cass, City Manager, Anita Burgess, City Attorney, and Kaythie Darnell, City Secretary Absent: Councilmember T. J. Patterson Mayor Sitton called the meeting to order at 11:31 A. M. (8.) Reverend David Hartman, Director of Pastoral Care, St. Mary Hospital, gave the invocation. (9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: John McCracken (unable to attend) Building Board of Appeals Receiving: Tim Minnix (unable to attend) Citizens Traffic Commission Receiving: Daryl J. Collins (unable to attend) Neighborhood Redevelopment Commission Receiving: Gary McKay CITIZEN APPEARANCES (10.) Presentation by Philip Neeley of Carter Burgess, Inc. for an Award of Merit from the American Society of Landscape Architects for the City of Lubbock Comprehensive Park, Recreation and Open Space Master Plan. In 1997, the Lubbock Parks, Recreation and Open Space Master Plan was commissioned with the purpose of providing: 388 Regular City Council Meeting June 25, 1998 Page 389 ♦ A visionary plan as a working document to guide the department into the next century ♦ The current and future needs of the changing population in Lubbock ♦ Ways to meet Texas Parks & Wildlife Grant Guidelines There were 38 entries in five categories with Lubbock's Master Plan winning in the planning and analysis category. The award submittals - were juried by the Arizona chapter of the American Society of Landscape Architects. The Master Plan is a result of a collaborative team effort between the citizens of Lubbock, Carter & Burgess, Inc., National Service Research, the Task Force Committee, the Parks and Recreation Board, and the City Parks and Recreation staff. CONSENT AGENDA (Items No. 11 - 21) Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez 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 June 11, 1998. (12.) Ordinance No. 10076 - Amend Ordinance No. 9971 of the City of Lubbock with regard to the definition of "telecommunications service" (second and final reading). ORDINANCE NO. 10076 AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS FRANCHISING BY PROVIDING AN AMENDED DEFINITION OF "TELECOMMUNICATIONS SERVICE"; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) Consider Resolution No. 5938 authorizing the Mayor to execute an interlocal agreement with the City of Slaton to provide certain Lubbock Fire Department services to the City of Slaton. RESOLUTION NO. 5938 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement to provide specialized emergency service, by and between the City of Lubbock and the City of Slaton, and related 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. 389 Regular City Council Meeting June 25, 1998 Page 390 Passed by City Council this 25th day of June, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ William de Haas William de Haas, Municipal Contracts Attorney A copy of the Agreement is filed with Resolution No. 5938. In late 1992, the Lubbock Fire Department developed and offered an interlocal agreement to all incorporated cities within Lubbock County to provide the services of the Fire Department specialty teams. The services of the Haz-Mat Team, Dive Team and Heavy Rescue Team were included in this agreement. At that time, the cities of Abernathy and Wolfforth were the only two cities that accepted this agreement. The City of Slaton has recently requested to enter into this agreement, also. Terms of this agreement provide for salary reimbursement of the Lubbock Fire Department personnel who respond, as well as a per incident fee to help offset training and equipment costs. Staff recommended approval of this resolution. (14.) Consider the price and condition of sale of Parcel Number 92600-5- 80 and 90 at 1508 Auburn in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Joe Stettheimer, Inc. for $400. The property is to be redeveloped with a new 1,049-square-foot, single-family residence valued at $49,950. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on January 20, 1998. The CD/Housing staff recommended approval of the sale. (15.) Consider Resolution No. 5939 amending the annexation policies on the Comprehensive Land Use Plan for the City of Lubbock. 390 Regular City Council Meeting June 25, 1998 Page 391 RESOLUTION NO. 5939 WHEREAS, the Comprehensive Land Use Plan, originally adopted in 1975 and revised in 1986, contains annexation policies for the City of Lubbock; and, WHEREAS, there is a need to amend the policies to specifically address development in the City of Lubbock's Extraterritorial Jurisdiction, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT section of the Comprehensive Land Use Plan for the City of Lubbock adopted by Resolution 2118 entitled "Municipal Annexation Policies" is hereby amended to read as follows: 1. Any subdivision of land for urban development purposes within the Lubbock Metropolitan Planning Organization boundary and within Lubbock's Extraterritorial Jurisdiction as indicated on the City of Lubbock MPO boundary map dated June, 1998, may be subject to immediate annexation, subject to the City's ability to provide required municipal services. A copy of said map shall be placed on file with this Resolution in the office of the City Secretary. 2. Lubbock shall exercise protective annexation measures to preclude strips and pockets of urban blight adjacent to the City. Such annexation will avoid enclosure of unincorporated pockets. 3. Extension of municipal utilities outside the City shall be prohibited, except in emergencies or when annexation can be completed within 90 days. 4. Developers and/or landowners requesting annexation must bear the major costs of public service facilities when existing land within the corporate limits can support anticipated growth for a 10-15 year period. 5. Location and amounts of land to be annexed must provide maximum efficiencies of municipal services such as police, fire protection, water, sewer, street maintenance, and solid waste collections. Disproportionate costs to projected tax revenues shall be discouraged. 6. Prior to Council hearings on annexation, the Planning and Zoning Commission shall forward a recommendation to the City Council, stating the impact of the annexation on long range growth patterns and rate of growth. 391 Regular City Council Meeting June 25, 1998 Page 392 Passed by City Council this 25th day of June, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Municipal Annexation Policies are filed with Resolution No. 5939. During the City Council work session on June 11, 1998, City staff made a recommendation to amend the Annexation Policies found in the City of Lubbock Comprehensive Land Use Plan. The specific reason for the change was to include a new Item A, which states "any subdivision of land for urban development purposes within the Lubbock Metropolitan Organization boundary may be subject to immediate annexation, subject to the City's ability to provide required municipal services". The purpose of this change is to put people on notice that if they are developing within the ETJ, and more specifically, within the MPO boundaries, they are subject to immediate annexation. It is recommended that if this is adopted, copies of the resolution and maps be forwarded to local engineering companies, surveying companies, real estate companies, abstract companies and surveyors, with requests that this new policy be made known to anyone subdividing within the ETJ for the purposes of urban development. It was the recommendation of City staff that this resolution be approved. (16.) Resolution No. 5940/RFP #98047 - Employee Assistance Program (Human Resources) RESOLUTION NO. 5940 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 Texas Tech University Health Sciences Center Department of Neuropsychiatry, for the City of Lubbock Employee Assistance Program (EAP), which Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 392 Regular City Council Meeting June 25, 1998 Page 393 Passed by City Council this 25th day of June, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Professional Services Agreement is filed with Resolution No. 5940. This contract is for an employee assistance program that provides confidential counseling services to help relieve the burden of the problems which have a direct impact on work performance, productivity, and mental health of employees. A Request for Proposals (RFP) was prepared and distributed to solicit responses for these services. Three firms submitted proposals to the City of Lubbock for an employee assistance program. Respondents to the RFP include: Texas Tech University Health Sciences Center Lubbock, Texas Charter Plains Behavioral Health System Lubbock, Texas Managed Health Network, Inc. Irving, Texas A committee of employees reviewed the responses and ranked Managed Health Network, Inc. and Texas Tech University Health Sciences Center (TTUHSC) as the top two service providers. After oral presentations by these two firms, the review committee determined Texas Tech University Health Sciences Center would best provide the services outlined in the RFP. The Texas Tech University Department of Neuropsychiatry was selected based on location, availability, and their focus on education and prevention. The annual fee for the services will be $35,805 for the first year, $36,623 for the second year, and $37,442 for the third year. This cost includes eight sessions per incident per employee annually. At no additional cost, TTUHSC will provide educational materials, educational seminars and work group intervention. (17.) Resolution No. 5941/RFP #98066 — A/E Services — City of Lubbock Municipal Square Building Master Plan and Renovation (Facilities Management) 393 Regular City Council Meeting June 25, 1998 Page 394 RESOLUTION NO. 5941 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 with Parkhill Smith & Cooper of Lubbock, Texas, for A/E Services - City of Lubbock Municipal Square Building Master Plan and Renovation, and all related 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 Council. Passed by City Council this 25th day of June, 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/ William de Haas William de Haas, Municipal Contracts Attorney A copy of the Contract is filed with Resolution No. 5941. This contract for architectural services will provide a master plan for phased renovation of the Municipal Square Building, an as -built set of plans, and architectural plans and specifications for Phase I. It is anticipated that the project will be completed in three phases ending sometime in 2001. The total construction cost is expected to be approximately $2,500,000. The total Phase I budget amount is $1,061,905 and will be funded through General Facilities and System Improvements. Five Architectural firms submitted proposals to the City of Lubbock for Architectural and/Engineering services for the Municipal Square Building Master Plan and Renovation. The firms submitting proposals include: Adling Associates Architects of Lubbock, Texas BGR Architects of Lubbock, Texas Compliance Services Group of Lubbock, Texas Green Harvey Architects of Lubbock, Texas Parkhill, Smith & Cooper Inc. of Lubbock, Texas A committee of five individuals was selected to review and rate the proposals submitted by the firms listed above. 394 Regular City Council Meeting June 25, 1998 Page 395 Although all of the firms have considerable experience in a variety of architectural and engineering projects, due to the specific aspects of this project the clear leader in the group was Parkhill, Smith & Cooper. Negotiations between Parkhill, Smith & Cooper (PSC) and the Facilities Management Department produced a fee proposal separated by tasks due to the complexity of the project A/E requirements. PSC will provide the following services for the associated fees: Survey and Produce Record Drawings (As-Builts) in CADD format: $16,390 Research and Produce a Master Plan for the entire facility: 19,953 Plans and Specifications for Phase I of construction: 79,768 Based on the criteria used by the review committee and the subsequent scores for each firm, the committee recommended that Parkhill, Smith & Cooper be engaged to perform the architectural engineering services required for the Municipal Square Building Master Plan and Renovation. (18.) Bid #98113 - 69 KV Voltage Transformers (Electric Distribution) This bid is for the purchase of eighteen 69 KV voltage transformers needed to replace obsolete units at various LP&L substations. These special transformers are used in relaying and metering systems on LP&L 69 KV transmission systems. Replacement of existing units is necessary to maintain the transmission system reliability and security. The System Capital Outlay -Substation Relay Upgrade budget amount is $60,000. The low bid is $44,010 from Haefely Trench of Scarborough, Ontario Canada. (19.) Resolution No. 5942/Bid #98117 - Lubbock Municipal Auditorium Sound System (Civic Center) RESOLUTION NO. 5942 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 with Tarpley Music Company, Inc, of Amarillo, Texas to install and furnish all materials and services for the Lubbock Municipal Auditorium Sound System. 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 Council. 395 Regular City Council Meeting June 25, 1998 Page 396 Passed by City Council this 25th day of June, 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/ William de Haas William de Haas, Municipal Contracts Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 25th day of June, 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 Tarpley Music Company, Inc., of the City of Amarillo, County of Randall, 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 #98117 - Lubbock Municipal Auditorium Sound System - $128,431.87 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. 396 Regular City Council Meeting June 25, 1998 Page 397 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/ John James Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ John Tarpley CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Tarpley Music Company, Inc. By: /s/ David Tarpley PRINTED NAME: David Tarpley TITLE: Vice President COMPLETE ADDRESS: Tarpley Music Company, Inc. 2420 Commerce Amarillo, TX 79109 This project will provide the Municipal Auditorium with a complete sound system and back stage paging system. Enhancements will be made to the delayed sound in the Municipal Auditorium house and balcony area. The System Capital Outlay -Auditorium Sound System budget amount is $160,000. The low bid is $128,431.87 from Tarpley Music Company, Inc. of Lubbock, Texas. (20.) Bid #98118 — Pesticides (Environmental Inspection Services) This bid is for the purchase of pesticides used to control adult mosquitoes and their larvae in the City and the Lubbock County. The Vector Control -Pesticide Supply budget amount is $47,792. The low bidders are as follows: B & G Chemicals and Equipment Company of Dallas, Texas $28,809.00 Van Waters & Rogers of Houston, Texas 11,955.50 (21.) Resolution No. 5943/Bid #98121 — Cattle Grazing Rights, Summer and Winter Grazing (Land Application Site) 397 Regular City Council Meeting June 25, 1998 Page 398 RESOLUTION NO. 5943 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 with Franklin Cattle Company of House, New Mexico, for Cattle Grazing Rights - Summer and Winter Grazing, and all related 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 Council. Passed by City Council this 25th day of June, 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/ William de Haas William de Haas, Municipal Contracts Attorney A copy of the Contract is filed with Resolution No. 5943. Cattle grazing is one of the major revenue generators at the Land Application Site. This contract is for seasonal grazing of approximately 1,200 cattle at the Land Application Site. The term of the contract is for three years beginning July 1, 1998. On June 8, 1998, cattle grazing rights were auctioned at the Land Application Site. The highest bid was $15.00 per head per month ($648,000 total contract amount) from Mr. Glen Franklin with Franklin Cattle Company of House, New Mexico. Staff recommended award of each of the bids 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. 10077 - Zone Case No. 2383-A (between North Loop 289 and Erskine and west of Quaker): Request of MSKTD and Associates (for Mark Turner) for zoning change from A-1, C-2, R-1 and R-2 to AM, AM Specific Use and C-2A on a portion of land out of Section 22, Block A. 398 Regular City Council Meeting June 25, 1998 Page 399 ORDINANCE NO. 10077 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2383-A; A ZONING CHANGE FROM A-1, C-2, R-1 AND R-2 TO AM, AM SPECIFIC USE ZONING AND C-2A ON A PORTION OF LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:42 a.m. Bernie Gradel of Hugo Reed & Associates appeared on behalf of MSKTD and Associates to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:44 a.m. The proposal is to accommodate a medical complex with an outpatient surgicenter and offices along with the potential for a motel and restaurant adjacent to the Loop. The initial filing for C-4 was the result of a mis- communication. The AM District will accomplish all that the proponent requests with one exception, a restaurant pad along Loop 289. Adjacent land uses: North - across Erskine, duplex South - Loop 289 East - Texas Tech University property West - R-1 and R-2 zoning, vacant The proposal is reasonably consistent with the Comprehensive Land Use Plan. The current Plan does not indicate non-residential use as far west as this proposal would create, but the area is currently zoned A-1 for apartments which is not illustrated on the Plan. The AM District is a suitable buffer and will probably have less effect on adjacent property to the west and a row of duplex homes to the north than apartments. The motel site is proposed as AM Specific Use, with a site plan review prior to a construction permit. At present, Erskine is a two-lane strip paved street. At some point in the future, pending additional development, the street will be reconstructed as a thoroughfare. The effect of this request on traffic should be no more than anticipated. The Planning and Zoning Commission recommended the request for AM on proposed Lots 1-5, AM Specific Use on Lot 6 and C-2A on Lot 7 with two conditions: 1. Site plan review prior to a construction permit for the motel site. 2. Single story construction on proposed lots 1-3 along Erskine Avenue. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10077 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council - member Hernandez had stepped away from the dais. 399 Regular City Council Meeting June 25, 1998 Page 400 (23.) Ordinance No. 10078 - Zone Case No. 2818 (north of 4th Street between Avenue F and I-27): Request of PDG Inc. (for Flying J. Inc.) for zoning change from R-3 to IHI on a portion of land out of Section 79, Block A. ORDINANCE NO. 10078 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2818: A ZONING CHANGE FROM R-3 TO IHI, ZONING ON A PORTION OF LAND OUT OF SECTION 79, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:46 a.m. Bernie Gradel of Hugo Reed & Associates appeared on behalf of PDG, Inc. to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:47 a.m. The area where Hub Homes was located prior to I-27 is proposed as a travel plaza. Adjacent land uses: North - former public school South - 4th Street/commercial East - I-27 West - zoned R-3 and IHC, uses area mixture of commercial and residential. The request is consistent with the Comprehensive Land Use Plan. It is within the commercial policy area for I-27 on the Comprehensive Land Use Plan. The staff requested the case be filed as IHI limited to a "truck stop" and all permitted IHC uses. The current zoning Code has not kept pace with the industry so the "travel plaza" that caters to all motorists with a wide range of services is not mentioned. The facility will cater to both car and truck traffic with fuel, convenience store, restaurants, gameroom area, parking and other travel related services. With the current I-27 and future cross town freeway, the effect on local traffic should be very minimal. The Planning and Zoning Commission recommended approval of the request as submitted with two conditions: 1. IHI limited to a truck stop and all permitted IHC uses. 2. A solid screening fence shall be constructed on the west property line from 150 feet north of the 4th Street right of way line to 3rd Street and 50 feet east on 3rd Street with no curb returns. Randy Henson, Senior Planner, presented staff comments. The 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. 10078 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council - member McDougal recused himself. 400 Regular City Council Meeting June 25, 1998 Page 401 (24.) Ordinance No. 10079 - Zone Case No. 2819 (9713 Memphis): Request of Frank Best for zoning change from R-1 to R-2 for duplexes on Lot 793, Raintree Addition. ORDINANCE NO. 10079 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2819: A ZONING CHANGE FROM R-1 TO R-2 ZONING ON LOT 793, RAINTREE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:52 a.m. Larry Best appeared on behalf of Frank Best to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:53 a.m. The proponent owns a lot that has been bypassed by the single family market because of a tangle of utility guy wires and perhaps because Memphis is a collector street and carries a lot of traffic to 98th. The proponent would like to construct a duplex on the property. Adjacent land uses: North - single family South - duplex units across 98th Street East - single family West - townhomes, across Memphis As a form of low density housing, the request for R-2 zoning is not inconsistent with the Comprehensive Land Use Plan. With an alternate style of single family (townhomes) to the west and a row of duplex home south of 98th on Memphis, introduction of a duplex on this corner should not be out of context with the area. A majority of the decision should depend on the response of adjacent property owners, several of who commented to Mr. Best that they would be glad to see the lot developed. The proponent indicated that his plans are to live in one unit and for a son to live in the other unit. No neighbors were present to object. The proposal should not have an effect on traffic in the area. The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10079 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (25.) Ordinance No. 10080 - Zone Case No. 2820 (1502 Buddy Holly Avenue): Request of Tom King for zoning change from C-4 to IHC Specific Use on Lots 16 through 20, Block 182, Original Town Addition. 401 Regular City Council Meeting June 25, 1998 Page 402 ORDINANCE NO. 10080 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2820; A ZONING CHANGE FROM C-4 TO IHC SPECIFIC USE ZONING ON LOTS 16 THROUGH 20, BLOCK 182, ORIGINAL TOWN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:55 a.m. Ben Linton appeared on behalf of Tom King to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:57 a.m. The property owned by Mr. King is at 15th and Buddy Holly Avenue. The parcel is about two blocks north of the area zoned several years ago as Interstate Commercial Specific Use to accommodate the Phase I of the Depot District. Adjacent land uses are commercial in all directions. Since this is currently zoned heavy commercial, there is no conflict with the Comprehensive Land Use Plan. The request is compatible with the plan. The so-called "Depot District" zone case accommodated three things: 1. The required separation between bars was eliminated. 2. The parking ratio for bars was made 1/100 versus the normal 1150. 3. Off site parking to meet the required parking spaces is permitted within 1100 feet of any new business. As the staff has indicated in several previous cases, the Urban Design Historic Preservation and an ad -hoc panel have worked the last two years on four new zoning districts for the downtown area. Those will be coming forward during the next year. One, which will encompass the land Mr. King owns and the rest of the Depot District, will address several of the development issues about which he is concerned, parking in particular. His need to proceed is simply ahead of consideration and possible adoption of the proposed Districts by the Council. The proposal should have no detrimental effect on traffic. The Planning and Zoning Commission recommended the request with three conditions within the Specific Use Permit: 1. All permitted IHC uses. 2. No separation between bars is required. 3. A parking ratio for a bar at 1/100 with a provision that required parking may be within 1100 feet of the parcel. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. 402 Regular City Council Meeting June 25, 1998 Page 403 Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10080 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (26.) Ordinance No. 10081 - Zone Case No. 1227-C (3822 Idalou Road): Request of Ronald D. Rogers for zoning change from C-4 to C4 Specific Use for mini warehouses on Lots 1-4, Block 1, Gordon Bozeman Addition. ORDINANCE NO. 10081 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1227-C; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR MINI WAREHOUSES ON LOTS 1-4, BLOCK 1, GORDON BOZEMAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:01 p.m. Ronald D. Rogers appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 12:03 p.m. The proponent owns a mini warehouse unit on the lot south of this location on property zoned M-1. Several years ago Mr. Rogers processed a C-4 zone change request on this parcel, but it did not include mini storage units. North - commercial in all directions South - commercial in all directions East - commercial in all directions West - commercial in all directions As heavy commercial, the proposal along the Idalou Highway is consistent with the Comprehensive Land Use Plan. The single zoning related item discussed by the Planning Commission on the proposed site plan is the lack of a landscape area. The existing property has no landscaping and Mr. Rogers has indicated that the expense of plumbing for watering any added landscape will add to the cost of the project and may prevent an already marginal cost/benefit project. The parcel where the mini warehouse unit is proposed is 50 x 140 feet, 5 % of which is 350 square feet. The requirement of the modest amount of landscape area for this project, when no other business along the Idalou Highway has any, would not solve any problems. A consensus of the Commission seemed to be that a new project using currently vacant property would benefit the community more than no project. The staff and Commission both feel that this recommendation in no way indicates the desire for new large projects to not provide adequate landscape. The Planning and Zoning Commission recommended approval of the request subject to the following condition: The uses outlined in Ordinance #9497 shall continue in conjunction with the Specific Use Permit. Randy Henson, Senior Planner, presented staff comments. 403 Regular City Council Meeting June 25, 1998 Page 404 The staff supported the recommendation of the Planning and Zoning Commission. Council expressed concern over the landscaping requirements for this planned zone change. Mr. Henson added an additional condition that addressed landscaping requirements to the proposed ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10081 with the following additional condition: "Phase I (noted on the site plan #1227-C) shall not be required to install any landscape area. Any Phase H or subsequent phases of construction shall require conformance with landscaping as indicated in the C-4 District." Motion carried: 6 Yeas, 0 Nays. TRANSPORTATION SERVICES (27.) Consider Resolution No. 5944 approving estimates of the cost of paving improvements on the 1997 paving assessment program and setting the date and time for a public hearing for the owners of the abutting property. RESOLUTION NO. 5944 PROJECT NO. 9516 1997 PAVING PROGRAM A RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, CONSTRUCTING CURB AND GUTTER, AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING FOR THE OWNERS OF ABUTTING PROPERTY AND OTHER PERSONS INTERESTED IN SAID PROPERTY, AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID HEARING ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the City Council of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete alley pavement, and street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch asphalt surface, together with incidentals and appurtenances; and WHEREAS, the City Council of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT such estimates be and are hereby adopted and approved. SECTION 2. THAT notice of a hearing be given to the owners of property abutting upon the hereinbelow mentioned portions of streets, highways, avenues and/or alleys, and to all others interested in said property. The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the City of Lubbock, Texas, be improved by raising, grading, filling and 404 Regular City Council Meeting June 25, 1998 Page 405 installing concrete curbs and gutters, minimum five (5) inch thick reinforced concrete alley pavement, street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch asphalt surface where necessary on streets, highways, avenues and/or alleys designated below. It is hereby found and determined that the cost of the improvements on such portions of said streets, highways, avenues and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof, on the portions of said streets, highways, avenues and/or alleys is as follows, to -wit: The following forty-two (42) foot wide street: East Harvard Street from Ash Avenue to Birch Avenue, known and designated as Unit Number 2342, Sub -Unit 001. The total estimated cost of the improvements is $43,041.95. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $7.86. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $22.89 for front abutting property other than R-1 and R-2 Zones. The following eighty-six (86) foot wide street: 82nd Street from Frankford Avenue West to the City limits, known and designated as Unit Number 2386, Sub -Unit 002. The total estimated cost of the improvements is $667,522.89. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $7.86. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $40.66 for front property in R-1 or R-2 zones, and $ 67.77 for front property in other than R-1 or R-2 zones. The following ten (10) foot wide alley: The East-West, North -South alley between 64th Drive and 66' Street from Memphis Avenue East to 66th Street, known and designated as Unit Number A-461, Sub -Unit 73. The total estimated cost for the improvements is $16,492.92. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $16.70. The following ten (10) foot wide alley: The North -South alley between Vicksburg Avenue and Wayne Avenue from 4' Street to Whisperwood Boulevard known and designated as unit Number A-461, Sub -Unit 74. The total estimated cost for the improvements is $11,864.75. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $16.95. An arrangement for the making and construction of such improvements with pavement of one and one-half (1-1/2) inch asphalt surface and a compacted caliche base and/or asphalt stabilized base in streets, highways, avenues and/or alleys to be constructed with pavement minimum of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof, have been filed with the City, such rolls or statements showing other matters and things, and have been approved; and the City Council of said City, has fixed a time and place for a hearing for the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and for all others interested in said property, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements to the units upon which the particular parcels of property abut, the amount of benefits to the respective parcels of property by means of the improvements to the units upon which the particular parcels of property abut, the regularity of the proceedings with reference to such improvements, the apportionment 405 Regular City Council Meeting June 25, 1998 Page 406 of the cost of such improvements, and other matters and things will be determined; and after such hearing, assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in the regular City Council Meeting Room in the Municipal Building, 1625 13th Street, in the City of Lubbock, Texas, on the 27' day of August , 1998, at 11:30 a.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection by any interested parties, and of all said matters and things all such owners of property, as well as any and others in _ anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 25th day of June, 1998. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. SECTION 3. THAT a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, for all persons owning or claiming any interest in property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section 2 of this Resolution, as well as all other persons in anywise affected or interested. Such hearing shall be given and held on the 27th day of August, 1998 at 11:30 a.m. o'clock on the first floor in the Municipal Building, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States Mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such streets, highways, avenues and/or alleys, or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock, and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City, at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this Resolution and said provisions of the Transportation Code. E10 Regular City Council Meeting June 25, 1998 Page 407 PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS, THE 25TH DAY OF JUNE, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ KaytWe 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 Section This is the fifth and final resolution associated with an assessment program for the construction of paving improvements. The proposed improvements consist of the following streets and alleys: 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 between 4th Street and Whisperwood Boulevard; East Harvard Street from Ash Avenue to Birch Avenue; and 82nd Street from Frankford Avenue west to the City limits. A date and time must be established so that the required notification can take place. The August 27, 1998 City Council meeting was proposed for the date. A time of 11:30 A. M. was suggested for the public hearing. The two alleys were petitioned by abutting property owners requesting the paving improvements. The petition for the alley between 64th Drive and 66th Street was petitioned with 100 % of the abutting property owners signing the petition. The alley between Vicksburg Avenue and Wayne Avenue was petitioned with 100 % of the abutting property owners signing the petition. For these units the hearing will serve to establish whether or not the paving should be constructed, and what portion of the cost will be charged to the abutting property owners. East Harvard Street was added for consideration to the assessment paving program because of continual maintenance and drainage problems experienced over the years. Although not petitioned, one of the abutting property owners has made continued requests for paving 82nd Street was not petitioned, but is being paved at Council direction. This street is an approved project in the Street Capital Projects budget. 407 Regular City Council Meeting June 25, 1998 Page 408 For this unit the hearing will only establish the portion of the cost to be charged to the abutting property owners. Larry Hertel, City Engineer, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to pass Resolution No. 5944 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. HEALTH AND COMMUNITY SERVICES (28.) Consider Resolution No. 5945 setting a date and time to hold a public hearing for a proposed amendment to Urban Renewal Plan No. 7 from existing Commercial Land Use to Residential on existing residential property at 2908 Colgate Street in the Arnett Benson Urban Renewal Area. RESOLUTION NO. 5945 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY COUNCIL of the City of Lubbock does hereby authorize the date and time to hold a public hearing for a proposed amendment to Urban Renewal Plan No. 7 from existing Commercial Land Use to Residential on existing residential property at 2908 Colgate Street in the Arnett Benson Urban Renewal Area. Said date and time are set forth in Exhibit "A" which is incorporated as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 25th day of June, 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 of Health & Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 5945. The owner occupants, Mr. & Mrs. Salvador Veracruz, have applied for the Housing Reconstruction Program to have their existing home demolished and a new home built at 2908 Colgate. The property is legally described as Lots 35 and 36, Block 1, Maddox Addition. Under the existing Commercial Urban Renewal Land Use, a new structure cannot be constructed. 408 Regular City Council Meeting June 25, 1998 Page 409 The proposed amendment was approved by the Urban Renewal Board of Commissioners on March 24, 1998 with the recommendation, as required, that the item be submitted to the Planning and Zoning Commission. On June 4, 1998, the City's Planning and Zoning Commission approved changing the City's current zoning on this site from Commercial (C-3) to Residential (R-1). Nancy Haney, Manager of Community Development and Neighborhood Initiatives, presented staff comments. The suggested date of the public hearing is August 13, 1998, with publication of notice scheduled for July 5, 19, and August 2, 1998. The Community Development Department recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to pass Resolution No. 5945 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (29.) Consider Resolution No. 5948 approving the appointment of individuals to serve on the Empowerment Zone (EZ) Round II Application Steering Committee for the City of Lubbock. This item was considered following Item No. 37 after lunch recess. RESOLUTION NO. 5948 WHEREAS Empowerment Zone Cities around the nation have already demonstrated measurable success in the revitalization of their neighborhoods through the Empowerment Zone process; and WHEREAS, the Federal Government has decided to designate 15 additional urban communities as Empowerment Zone Cities in Round II Competition; and WHEREAS, the Federal Government expects to appropriate $100 million, in addition to tax incentives and other incentives, to enable the designated cities to carry out their plans for revitalizing the selected area; and WHEREAS, the Federal Government requires an inclusive, diverse citizens' committee to develop the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby appoint fifty (50) members to the Lubbock Empowerment Zone Steering Committee as listed in the attached "Exhibit "A" which is incorporated as if fully set forth herein and shall be included in the minutes of the Council. 409 Regular City Council Meeting June 25, 1998 Page 410 Passed by City Council this 25th day of June, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Managing Director of Strategic Planning APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 5948. Work on the application has already started using a preliminary steering committee. An internal EZ committee compiled a list of organizations whose participation in the application process will be critical. Key individuals from those organizations were invited to sit on the preliminary steering committee whose first function would be to nominate individuals to serve on the final steering committee. Committee members were asked to nominate others whose participation can help ensure gender and ethnic diversity. The City's ethnic groups are as follows: 65 % Anglo, 25 % Hispanic 9.1 % African American, 2.5 % Other. To reach a similar balance on a 50-member committee, staff needed 12 Hispanics, five African American, 32 Anglos and one Other. Nominations have been received from the preliminary steering committee, neighborhood associations, and interested organizations. The nominees are listed in Exhibit A as a part of the resolution. The timeline for planning and completing the EZ application is very tight. To be considered for designation, the City must submit an accurate and timely application. During Executive Session, the Council finalized the make-up of the Final Steering Committee and voted on approving the resolution to appoint the Steering Committee in Regular Session. In order to meet our timeline, it was necessary that steering committee appointments be made today. Staff recommended the proposed list of members shown in Exhibit A. Motion was made by Councilmember McDougal following members appointed: Windy Sitton Victor Hernandez T. J. Patterson Richard Burdine John T. Montford Councilmember Cooke, seconded by to pass Resolution No. 5948 with the Richard Molina Edwin Scott, Jr. Kathyl Anderson Dwight Pierce Debbie Burleson 410 Regular City Council Meeting June 25, 1998 Page 411 David Schmidly Shirley Cleveland Ben Lock Jewell Love Dick Walsh Robert Brodkin Gary McDaniel Sally Brodkin Don McBeath Natalia Salazar Tom Nichols Carol Cunningham Delbert McDougal Celia Glick Eddie McBride Linda Hogan Duane Lavery Manuel Martinez Mark Earle Emma Jackson Pete Ruiz Jim Fair Wayne Boling Judi Blakey Gary Lawrence Diane Vega Jerry Stevens Danette Castle Greg Jones Rebecca Wallace Robert Dominguez Floyd Price John Herrera Jim Lowder Curtis Culwell Kathleen Earl Mark Griffin Linda DeLeon Craig Bean Sue Neher Allen Carrigo Jim Gomez Don McCullough Lala Cavazos Marciano Morales Richard Lopez Jim Shearer Candelario Martinez Robert Greenhill Jerry Casstevens David Sowell Gilbert Flores Tom Sawyer Motion carried: 4 Yeas, 0 Nays. Councilmembers Hernandez and Ince were not present when council reconvened. CIVIC SERVICES (30.) Consider Resolution No. 5946 approving recommendations from the Lubbock Arts Alliance, Inc. for the first of two grant periods for 1998-99. RESOLUTION NO. 5946 WHEREAS, the Lubbock Arts Alliance has presented its recommendations on the award of funds for the Arts Grants Program for the first grant period of 1998-99; and WHEREAS, the City Council of the City of Lubbock has reviewed the recommendations and hereby approves them for award; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the recommendations of the Lubbock Arts Alliance for the award of funds for the first grant period of 1998-99 are hereby accepted and approved. 411 Regular City Council Meeting June 25, 1998 Page 412 Passed by City Council this 25th day of June, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary - - APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Manager of Cultural Arts APPROVED AS TO FORM: /s/ William de Haas William de Haas, Municipal Contracts Attorney On May 14, 1998, the Lubbock City Council approved an agreement to pay $117,179.11 to the Lubbock Arts Alliance, Inc. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts. The funds represent .400 cent of the hotel/motel tax collected during the fiscal year ended September 30, 1997. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee follows guidelines that were approved as part of the May 14, 1998, agreement. The grants review committee, composed of appointments by City Council and representatives of the Lubbock Arts Alliance, evaluates applications and submits their recommendations to the City Council for approval. The Lubbock City Council is now asked to approve $45,150 in grant awards for the first of two grant periods for 1998/99. Twenty-four applications were received on the June 1, 1998 deadline and nineteen are recommended for approval. Included in agenda backup was a listing of the recommendations from the Lubbock Arts Alliance Grants Review Committee. Tommy Gonzalez, Director of Civic Services, presented staff comments. Tina Fuentes, Board Member of Lubbock Arts Alliance and LAA Grants Review Committee, also presented comments. Lubbock Arts Alliance, Inc. recommended approval of the grants' awards. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass Resolution No. 5946 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. ELECTRIC UTILITIES (31.) Consider Resolution No. 5947 authorizing the Mayor to execute a Gas Sales Contract between LG&E Energy Marketing, Inc. and the City of Lubbock. 412 Regular City Council Meeting June 25, 1998 Page 413 RESOLUTION NO. 5947 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 Gas Sales Contract by and between the City of Lubbock and LG&E Energy Marketing, Inc., 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 25th day of June, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Gas Sales Contract is filed with Resolution No. 5947. This contract is for the supply of fuel gas for all LP&L power plants (including the J. R. Massengale Station) and for the City of Lubbock. The RFP closed on February 25, 1998. Respondents to the RFP included: KN Marketing, L.P. Houston, Texas L G & E Natural, Inc. Dallas, Texas Woodward Marketing, LLC Houston, Texas LG&E Energy Marketing was selected as the preferred proposer on March 11, 1998. The recommended contract is the result of negotiations which have proceeded since that time. LP&L's ability to lock -in gas has also been substantially changed to allow more options with less overall costs. These combined changes will reduce LP&L's new gas costs by approximately $200,000 per year on the take -or -pay gas and by approximately $100,000 per year for spot gas. When the existing contract expires in four years, these savings will increase by an additional $500,000 per year. The Fuel Supply -Power Plant Gas budget amount is $16,000,000. The contract term of this proposed contract will be ten years. Paul Thompson, Director of Electric Utilities, presented staff comments. 413 Regular City Council Meeting June 25, 1998 Page 414 The staff recommended that the City Council approve the recommended Gas Sales Contract. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 5947 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS (32.) Consider a resolution authorizing the City of Lubbock to execute dues checkoff on behalf of the fire and police associations. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Mayor Sitton announced that Items No. 32 through 36 had been pulled at the request of Councilmember Hernandez. Councilmember Nelson inquired about these items, as to whether these were to be pulled indefinitely. He requested that the items be considered instead of continued. Councilmember Hernandez stated that his request was that the items be pulled indefinitely. Councilmember Nelson requested a clarification in regard to placing the items back on the agenda at a future date if and when council rules have changed regarding placement of an item on the agenda. Anita Burgess, City Attorney, advised that ownership of the items resided with Councilmember Hernandez, but that the items could be voted on at the request of any councilmember because they had been properly posted. She further advised that Councilmember Hernandez could not unilaterally continue the items indefinitely, that he could pull them from the agenda if no other councilmember wanted them on the agenda. Ms. Burgess also stated that if the rules were changed at a future date and the items were brought back after the rule change, then the new rules would apply. She advised that, since the items had been properly posted, Council could choose to act on them today at the request of any one councilmember. Councilmember Nelson then requested that these items be taken up. Motion was made by Councilmember Hernandez to pass this resolution; motion died for lack of a second. (33.) 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. Comments for this item are included in Item No. 32. Motion was made by Councilmember Hernandez to pass this resolution; motion died for lack of a second. (34.) 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. 414 Regular City Council Meeting June 25, 1998 Page 415 This item was placed on the agenda at the request of Councilmember Victor Hernandez. Comments for this item are included in Item No. 32. Motion was made by Councilmember Hernandez to pass this resolution; motion died for lack of a second. (35.) 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. Comments for this item are included in Item No. 32. Motion was made by Councilmember Hernandez to pass this resolution; motion died for lack of a second. (36.) 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. Comments for this item are included in Item No. 32. Motion was made by Councilmember Hernandez to pass this resolution; motion died for lack of a second. (37.) Consider a resolution entitled the "small business advocate resolution," also known as the "reducing red tape resolution," that would create economic development opportunities through the elimination of unnecessary paper work and costs associated with licensing and permitting and their associated rules and fees, while at the same time preserving a municipality's ability to ensure public health and safety. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Comments for this item are included in Item No. 32. Motion was made by Councilmember Hernandez to pass this resolution; motion died for lack of a second. 12:40 P. M. COUNCIL RECESSED TO EXECUTIVE SESSION 2:01 P. M. COUNCIL RECONVENED Councilmembers Victor Hernandez and Max Ince were not present when Council reconvened. Following council reconvening, Item No. 29 was considered. 415 Regular City Council Meeting June 25, 1998 Page 416 2:04 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal made a motion to adjourn; Councilmember Nelson seconded the motion. Motion carried: 4 Yeas, 0 Nays. I Y S AYO ATTEST: - ) haiR Kay i Darnell, City Secretary Read and approved this day of , 1998. WINDY SI ON, AYOR AT EST: Kayt i Darnell, City Secretary 416