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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/27/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 27, 1998 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of August, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 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 Councilmember T. J. Patterson arrived as Council recessed to Executive Session. 7:33 A. M. COUNCIL RECESSED TO EXECUTIVE SESSION 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 (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 (Water Utilities). 7:42 A. M. COUNCIL RECONVENED CITIZEN COMMENTS One citizen, Dwayne Lynch, presented comments to the Council. 7:55 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 (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: Complete Count Committee for the 2000 Census ( 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 (Water Utilities). Regular City Council Meeting August 27, 1998 Page 64 9:40 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Hear presentation regarding the results of the American Cancer Society study by Lawrence Headley, Committee for Healthy Children. This item was deleted prior to Council meeting. ( 6.) Year 2000 Census Issues by Jim Bertram, Director of Strategic Planning, and Anita Burgess, City Attorney. 10:33 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Alex "Ty" Cooke Mayor Sitton called the meeting to order at 10:33 A. M. ( 7.) Reverend Steve Campbell, Agape United Methodist Church, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Airport Board Floyd "Stumpy" Greer (unable to attend) Building Board of Appeals Scott Fanning CITIZEN APPEARANCES ( 9.) Presentation of Certificate of Recognition to James Yarbrough for his work on a City of Lubbock scrapbook. James Yarbrough is a student in the Lubbock Independent School District at Maedgen Elementary School. He is currently in the sixth grade and the scrapbook was part of a fourth grade project. James participated on the Odyssey of the Mind team that won second place in world this summer. (10.) Presentation of Special Recognition to Marsha Hensley Reed for receiving a Public Works Leader of the Year award from the Texas Chapter of the American Public Works Association. Marsha Hensley Reed, Lubbock's storm water engineer, received a Public Works Leader of the Year award from the Texas Chapter of the American Public Works Association. The award is given annually to three people around the state who have shown noteworthy achievements and significant contributions in the public works profession. In her •, Regular City Council Meeting August 27, 1998 Page 65 position as storm water engineer, Reed is responsible for compliance with the federal storm water permit requirements, drainage projects and the storm water utility. Before she was named storm water engineer in 1996, Reed served as transportation planning engineer. She also worked with the Texas Department of Transportation. Immediately following this item, Item No. 40 was considered. CONSENT AGENDA (Items No. 11 - 22A and 24) Motion was made by Councilmember Nelson, seconded by Councilmember McDougal 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 August 13, 1998. (12.) Ordinance No. 10083 - Abandoning and closing a portion of a drainage easement in Section 28, Block E-2, Lubbock County (5601 Englewood) (second and final reading). ORDINANCE NO. 10083 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 28, BLOCK E-2, 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 RELECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) Consider Ordinance No. 10088 changing Chapter 7, Article I, Section 7-6(2) of the Code of Ordinances to eliminate the approval requirements of the Civil Service Commission's Local Rules (first reading). ORDINANCE NO. 10088 AN ORDINANCE AMENDING SUBSECTION 7-6(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Attorney General in A.G. Op. DM-447, July 27, 1997, interprets Chapter 143 of the Local Government Code to not allow for the City Council approval of local Civil Service rules and regulations. He states "A City may not, therefore, adopt an ordinance requiring city review or approval of commission rules as a condition of the rules becoming effective. " This ordinance change is reflected as follows: Current Reading: (2) Rules and regulations: To prepare and recommended rules and regulations for the administration of this chapter, which shall become effective after approval by the civil service commission and the City of Lubbock Council; to administer such rules and regulations; and to propose amendments thereto. 65 Regular City Council Meeting August 27, 1998 Page 66 Recommended Reading: (2) Rules and regulations: To prepare, adopt and administer rules and regulations for the administration of this chapter. The Director of Civil Service recommended that the ordinance be changed to reflect the interpretation of the Attorney General. (14.) Consider Resolution No. 5973 authorizing the Mayor to execute a street -use license with Associated Supply Company, Inc. for an underground sewer line (1202 East 74th Street). RESOLUTION NO. 5973 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License with associated documents for and on behalf of the City of Lubbock with Associated Supply Company, Inc., for an underground sewer line. Said agreements are 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 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Amy L. Sims for Linda Chamales Linda L. Chamales, Supervising Attorney A copy of the Street Use License is filed with Resolution No. 5973. Associated Supply Company, Inc. (ASCO) is located east of Martin Luther King, Jr. Boulevard and south of the Slaton Highway. At present, they are utilizing an inefficient septic system and desire to get on City sewer service. The nearest sewer line that they can use is located near Ivory Avenue and East 74th Street, approximately three - fourths of a mile west of ASCO's office. This street -use license will allow ASCO to install a sewer line in the right-of-way of Martin Luther King, Jr. Boulevard and east 74th Street for approximately 2,900 feet. ASCO will utilize 23,404.1 square feet of street right-of-way and according to the street -use license, they will be charged $70.21 per year Regular City Council Meeting August 27, 1998 Page 67 or $351.06 for the first five-year term of this 20-year license. This was calculated at $0.05 per square foot or 23,404.1 square foot x $0.05 = $1,170.205 x 10 % of 60 % = $70.21. All utilities have been notified of this utility location. The Right -of -Way Department recommended the approval of this street - use license. (15.) Consider Resolution No. 5974 authorizing the Mayor to execute a land -use license with K Partners Lubbock, L.L.C. for a driveway across Lots 2, 3, and 4, Block 5, Ellwood Place Addition to the City of Lubbock (2501 19th Street). RESOLUTION NO. 5974 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 Land Use License with associated documents for and on behalf of the City of Lubbock with K Partners Lubbock, LLC, for a driveway across City Property. Said agreements are 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 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Land Use License is filed with Resolution No. 5974. K Partners are in the process of building a Hawthorne Suites Hotel just west of University Avenue and south of 19th Street. They plan to have the main entrance to this hotel on the south side of 19th Street. Also, they have requested permission from the City to have a second driveway entrance to their hotel from University Avenue. This driveway would cross City property for 100 feet and be located along the south 30 feet of the City's property at the southwest corner of 19th Street and University Avenue. Their zone case was approved in 1996 showing this driveway entrance from University Avenue. 67 Regular City Council Meeting August 27, 1998 Page 68 The charge of this license will be $1,500 per year, or $7,500 for the first five -year's period of their 20-year license. This charge was derived from the land -use license formula of 30 feet wide x 100 feet long = 3,000 square feet x $5.00 per square foot = $15,000 x 10% = $1,500 per year. K Partners will be required to pave, maintain, and curb this driveway. They have also paid $1,600 to the Parks Department for the relocation of water lines and valve boxes. The Right -of -Way Department recommended the approval of this land - use license. (16.) Consider Resolution No. 5975 authorizing the Mayor to execute a street -use license with Shing Kan Hon for an underground pipeline (3535 34th Street). RESOLUTION NO. 5975 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License with associated documents with Shing Kan Hon for an underground pipeline. Said agreements are 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 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Street Use License is filed with Resolution No. 5975. This alley -use license allows Shing Kan Hon's environmental service company, Daniel B. Stephens & Associates, to install in the 50-foot street right-of-way of Knoxville Avenue an underground pipeline which will connect three monitor wells which are located on the former service station across the street from Mr. Hon's property to monitor wells on his property. The former Shell Service Station owned by Mr. Hon at the southeast corner of 34th Street and Knoxville Avenue has been identified by the TNRCC as having an underground leaking fuel storage tank and remedial work is required. Monitor wells have been installed and this Regular City Council Meeting August 27, 1998 Page 69 underground pipeline will connect the three monitor wells across the street at the other closed service station. This license will be for twenty years, payable every 5 years in advance and the yearly minimum fee of $50.00 will be charged. The Right -of -Way Department recommended the approval of this street - use license. (17.) Consider Resolution No. 5976 in support of a grant application for backyard composting bins and two mobile recycling trailers developed in response to the RFP released by South Plains Association of Governments for Solid Waste Grant Programs funded through the Texas Natural Resource Conservation Commission (TNRCC). RESOLUTION NO. 5976 WHEREAS, the Texas Natural Resource Conservation Commission (hereinafter called the "TNRCC") and the South Plains Association of Governments (hereinafter "SPAG") have approved a grant application for backyard composting bins and two mobile recycling trailers for the City of Lubbock; and WHEREAS, the City of Lubbock would like to show its support for this program as identified in the City of Lubbock's proposal for the fiscal year 1999 Solid Waste Grant Program; and WHEREAS, the City of Lubbock would show its support in using its best efforts to: 1. Comply with the provisions of the fiscal reimbursement and the reporting requirement of the TNRCC and the State of Texas; and 2. Use the funds for purposes for which they are provided; and 3. Ensure the project is in compliance with and supports local and/or regional solid waste management plans and programs applicable to the SPAG region. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock supports the City of Lubbock Solid Waste Department's Grant Application for backyard composting bins and two mobile recycling trailers. Regular City Council Meeting August 27, 1998 Page 70 Passed by City Council this 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney HB 3072 mandates that the TNRCC return to local governments one-half of all tipping fees collected in the state. The funds are apportioned back to each Council of Governments based on a formula which includes (but is not limited to) population, need, and number of counties in the Council area. The Councils then conduct a competitive grants programs request to address the needs of their specific region. This year, the South Plains Association of Governments (SPAG) has approximately $231,000 available for pass -through implementation projects. The SPAG Solid Waste Advisory Committee has chosen to limit each single - jurisdiction award to 25 % ($58,000) of the total available funding. The Solid Waste Department submitted a grant application, which was approved by the SPAG Board of Directors on August 11, 1998. Total grant amount approved is $58,000 to fund the purchase of backyard composting bins and two mobile recycling trailers. A total of 10 applications were submitted, and the department's application was rated third by the SPAG Solid Waste Advisory Committee on July 24, 1998. Budget Impact — This grant is for a twelve-month period and will have no impact on the Solid Waste budget. At the end of the grant period, the program will be evaluated to determine whether it will receive continued funding from City resources. Mildred Cox, Managing Director of Transportation, presented staff comments. Staff recommended approval of this resolution supporting the grant application. (18.) Consider Resolution No. 5977 revising the Capital Projects Budget for the Broadway Streetscape Project. RESOLUTION NO. 5977 WHEREAS, the City of Lubbock, Texas, has approved the nomination of the Broadway Streetscape as a project for the Statewide Transportation Enhancement Program provided by the Intermodal Surface Transportation Efficiency Act (ISTEA); Z7 Regular City Council Meeting August 27, 1998 Page 71 WHEREAS, the above request by the City is consistent with the Lubbock Metropolitan Transportation Plan: 2015 and with a previous Resolution No. 4280 passed by the City Council on October 14, 1993; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock hereby agrees to: _ • make changes to the City of Lubbock Streets Capital Projects Funds Budget to provide an additional $275,558 in Unallocated Bond Proceeds to the $990,000 in matching funds for a total of $1,265,558 in matching funds for the Broadway Streetscape project. SECTION 2. THAT the Council hereby directs that a copy of this Resolution be forwarded to the Texas Department of Transportation as confirmation of the City's commitment to the project. Passed by City Council this 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney The City of Lubbock requested and TxDOT approved a "Transportation Enhancement" project to improve the streetscape of Broadway from Martin Luther King, Jr. Blvd. to University Avenue. Bids have now been received and a combination of construction cost, TxDOT costs and additional LP&L lighting costs have increased the total project costs by $275,262 to a total of $2,891,262. If Council approves the budget amendment, the total City share will be $1,265,558. The cost sharing of this project is Federal - 56% and City - 44%. There are sufficient unallocated funds in the City's Federal/State matching category to cover these additional costs. This action is made necessary primarily because of unanticipated TxDOT administrative fees charged to the project. It would change our funding split to 56/44, but this is still a good project. Further delays could substantially alter the quality of the final project. Staff recommended approval of this item. (19.) Consider Resolution No. 5978 authorizing the Mayor to execute a contract with the Texas Department of Health to provide analyses of milk samples. 71 Regular City Council Meeting August 27, 1998 Page 72 RESOLUTION NO. 5978 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 Texas Department of Health, for TB - prevention and control; Regional Administrative Services; Immunization Division; and HIV - Surveillance. 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 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR /:110NAW /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director of Health and Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the Contract is filed with Resolution No. 5978. The Milk and Dairy Testing Attachment (02) is a part of the annual contract with the Texas Department of Health. The Health Department Regional Laboratory is reimbursed for laboratory analysis of milk and dairy samples at a specified rate, depending on what kind of analysis is performed. The Lab performs over 3,000 tests on the more than 700 samples submitted each year. These activities include full program cost recovery and are directly related to protection of the public. Since the lab is reimbursed for the full cost of testing, no total dollar amount is specified in the contract. This program fulfills the Core Missions of Public Health —those of Surveillance, Prevention and Laboratory support. Without the funding from the Texas Department of Health contract, these quality control measures would be greatly impaired and the risk of illness in Lubbock citizens would be increased. Therefore, staff recommended approval of the resolution. (20.) Consider Resolution No. 5979 authorizing the Mayor to execute a contract with the Texas Department of Health to provide preventive, health promotion and direct services in the areas of epidemiology, immunizations, tuberculosis elimination, sexually transmitted diseases, cancer prevention activities and HIV/AIDS surveillance. PPJ- Regular City Council Meeting August 27, 1998 Page 73 RESOLUTION NO. 5979 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 the Texas Department of Health, to provide milk analysis of milk samples. 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 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director of Health and Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the Contract is filed with Resolution No. 5979. This year's annual contract with the Texas Department of Health totals $247,175 and includes both financial and direct assistance. This is a decrease of $111,901 from last fiscal year, due primarily to changes in the Immunization attachment. All programs as outlined in the contract are continuing operations from previous years. Contract distribution is as follows: Immunizations --Epidemiology (attachment 03) The City of Lubbock provides an immunization clinic with the fewest barriers to service. Activities include providing immunizations at the Health Department clinic; outreach activities for infants, children and high risk adults in their homes, at day care centers, the South Plains Mall, health fairs and senior citizen centers; and investigation and initiation of control measures for vaccine -preventable diseases. For example, last year the Health Department scheduled over 36 clinics to provide the flu vaccine. Staff continue to collaborate with LISD, Shots Across Texas, TTUHSC School of Nursing and Methodist Hospital School of Nursing to provide Hepatitis B immunization to eligible 7th-9th grade students. During the current fiscal year 42 clinics were scheduled at LISD and reached 3,184 students. 73 Regular City Council Meeting August 27, 1998 Page 74 Salaries and fringe benefits for a Registered Nurse, a Licensed Vocational Nurse and a Secretary to run the program are included in this attachment of $68,356, no change. This year the contract does not reflect a dollar amount for the vaccine provided to the Lubbock Health Department. During the current fiscal year, the vaccine is valued at $115,729. However, TDH will continue to provide sufficient vaccine to meet our needs, at no cost to the City. Preventing diseases by the use of vaccine is considered a core service of Public Health, and good public health practice provides that you do not miss an opportunity to vaccinate a child when you have a chance. Many parents do not think about immunizing their children until they take them to school at five years of age. Therefore, providing immunizations must utilize a proactive, on -going approach to reach effective levels. This attachment serves to further the Healthy People 2000 goal that 90 % of children under two years old be adequately immunized. A community with sufficiently high immunization rates avoids disease outbreaks and the cost in human suffering, hospitalization, and sometimes, even death. Staff believes it is important to keep this clinic operating in the community and that the lives of many children would be at risk without it. HIV Surveillance (attachment 04). This $40,436 supports salary, fringe benefits, travel and supplies for the HIV/AIDS Surveillance specialist. In addition, $1,565 of indirect (administrative) costs are included in this attachment. There is no change from last fiscal year appropriation. This person does not operate a clinic; rather as a surveillance specialist, he is dedicated to investigating cases of HIV and AIDS infection in Lubbock. As of July 31, 1998, 567 individuals have been diagnosed as HIV positive, 375 have AIDS and 171 individuals have died of AIDS - related complications. One of the primary missions of public health is to monitor the health status of the community by identifying and investigating health problems and health hazards. On -going surveillance is essential in determining the nature and extent of HIV and AIDS infection in Lubbock. Accurate numbers may increase the availability of additional funding from outside sources, in order to provide services to those infected. Regional Administrative Services (attachment 05). This attachment supports comprehensive public health services that are consistent with the Health Department Mission Statement. Qualifying activities include TDH general fund laboratory, S.T.D. and community education services. Efforts must also be directed at preventing heart disease and cancer. The $94,118 in financial assistance provides salaries and fringe benefits for four City employees, and direct assistance equivalent to $24,192 for one State -paid employee. Her services are available at no cost to the City. This represents a change in allocation, with an overall increase of $3,828. One of the state -paid employees retired in April, and her salary has been contracted to the Lubbock Health Department via this attachment. Of the five employees, two work in the S.T.D. program, one works in the laboratory, one in Health Education, and there is one vacancy. 74 Regular City Council Meeting August 27, 1998 Page 75 The Sexually Transmitted Disease Program is designed to stop the spread of disease by tracking down the partners of those diagnosed with sexually transmitted diseases and either treating them or referring them to another clinic or physician. Tuberculosis Control (attachment 06). The TB Control attachment of $20,073 provides salary, fringe benefits and travel for a Health Aide who follows up on all individuals tested positive for tuberculosis. It also includes $829 for indirect (administrative) costs, no change from last year. The Health Aide's job is to ensure that clients with diagnosed, active TB take medications as prescribed. She goes to the infected person's home or place of employment to give them their medication, observes for patient drug reaction, monitors family members and other close contacts for TB and screens high -risk populations for TB. This activity effectively limits disease spread and the development of drug resistant forms of Tuberculosis. Lubbock averages 12-15 new cases of TB each year. Without the Texas Department of Health contract, fulfilling the Core Missions of Public Health --Surveillance, Health Education, Prevention services and Laboratory support --will be greatly impaired and at a much reduced level. Therefore, staff recommended approval of the resolution. (21.) Consider Resolution No. 5980 authorizing the Mayor to execute a change order for West Texas Paving to construct a new express exit lane at the airport. RESOLUTION NO. 5980 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 Change Order No. 1 with associated documents for and on behalf of the City of Lubbock for West Texas Paving for an express exit lane at the Lubbock International Airport parking lot. Said agreements are 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 27th day of August, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Aviation Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 75 Regular City Council Meeting August 27, 1998 Page 76 A copy of Change Order No. 1 is filed with Resolution No. 5980. During the original design process for the Airport Parking Lot Reconfiguration Project, the need for an additional express exit was identified. However, due to funding limitations at the outset of the project, the additional exit was not included in the design. Since then, the airport staff has identified funds from within the current Department of Aviation budget to add the new exit to the project. The new express exit will increase the level of service for users of the pay -on -foot stations and the APE card system. It will also improve traffic flow within the lot by allowing express customers to exit at a point well away from the queue for the manual pay exits. This Change Order will add the express exit to the Airport Parking Lot Reconfiguration Project. The amount of the Change Order is $38,050, making the total construction cost of the project $400,995. Funding for the Change Order will come from a combination of savings from various accounts in the airport operating budget, and a lower priority capital project that will be deferred until next year. Mark Earle, Director of Aviation, presented staff comments. The Airport Board has reviewed and approved this Change Order. Staff also recommended approval. (22.) Consider Resolution No. 5981 creating a Complete Count Committee for the 2000 Census. RESOLUTION NO. 5981 WHEREAS, the City Council for the City Of Lubbock recognizes the vital importance of an accurate 2000 census, which affects our community's political representation in the United States Congress and in the eral and State funds returnedtto the Legislature determines the percentage of Fed City of Lubbock each year; and WHEREAS, the City Council further recognizes the need for an intensive public education campaign to inform all residents about the importance of cooperating with the census; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE City Of LUBBOCK: SECTION 1. THAT the Mayor for the City of Lubbock BE and is hereby authorized to create a "Complete Count Committee" and to charge them with the responsibility of supporting and supplementing the mass communication effort of the Census Bureau by attempting to reach all segments of our total population and by especially emphasizing the confidentiality of the census information. SECTION 2. THAT the Complete Count Committee shall be composed of nineteen members including a chairman who shall be appointed by the Mayor. SECTION 3. THAT the Complete Count Committee shall be chosen from the entire community and shall include representatives from all local major ethnic and cultural interests. SECTION 4. THAT the Complete Count Committee shall be dissolved July 31, 2000 to ensure ample time after Census Day for completion of its assigned duties. 76 Regular City Council Meeting August 27, 1998 Page 77 SECTION 5. THAT in carrying out their responsibilities, the Complete Count Committee shall pursue the following goals and objectives: Goals: • Make everyone in the community aware of Census 2000. • Motivate citizens to participate by filling out the census form and returning it immediately. Objectives: • Develop a local targeted plan of action to support Census 2000 operations, recruiting, and promotion. • Use highly visible and well -respected local figures to increase community support for and response to the census. • Promote the census to community residents through government departments, particularly those agencies with extensive public contacts. • Implement activities that will improve census participation by all residents, especially historically undercounted segments of the population. • Emphasize the Census Bureau's commitment to confidentiality to further increase participation in the census. • Augment media programs, publicity, and promotions conducted by the Census Bureau. • Provide local knowledge and intelligence that will assist Census Bureau's operational activities and programs. • Support Census Bureau's programs and activities that promote and improve the census. • Support Census Bureau's recruitment of employees needed to conduct the census. Passed by City Council this 27th day of August, 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/ Don Vandiver Don Vandiver, First Assistant City Attorney 77 Regular City Council Meeting August 27, 1998 Page 78 As we approach the time for the census for the Year 2000, the Census Bureau encourages cities to create Complete Count Committees. The purpose of the Complete Count Committee is to get an accurate census of Lubbock's population. A related agenda item to appoint 19 citizens to the committee representative of the major ethnic and cultural backgrounds in our community will be on the next City Council agenda. The staff recommended approval of this resolution. (22A.) Consider Resolution No. 5982 authorizing the Mayor to execute a new extraterritorial jurisdiction apportionment agreement between the City of Lubbock and the City of Wolfforth. RESOLUTION NO. 5982 WHEREAS, the City of Lubbock, Texas, and the City of Wolfforth, Texas, desire to apportion the overlapped extraterritorial jurisdiction between the two municipalities in accordance with Subchapter B of Chapter 42 of the Local Government; and WHEREAS, the City of Lubbock and the City of Wolfforth desire to replace the existing extraterritorial jurisdiction agreement executed April 11, 1985, between the two cities with a new extraterritorial jurisdiction agreement; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. 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 with the City of Wolfforth to apportion areas of overlapping extraterritorial jurisdiction between the City of Lubbock and the City of Wolfforth, which Agreement is attached hereto and which shall constitute and be a part of this Resolution as if fully copied herein in detail. SECTION 2. THAT extraterritorial apportionment Agreement heretofore executed by the City of Lubbock and the City of Wolfforth on April 11, 1985, shall be superseded by the Agreement attached hereto and the prior agreement shall be of no further force and effect upon execution of the attached Agreement. Regular City Council Meeting August 27, 1998 Page 79 Passed by City Council this 27th day of August, 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/ Don Vandiver Don Vandiver, First Assistant City Attorney A copy of the ETJ Apportionment Agreement is filed with Resolution No. 5982. In 1985, the City of Lubbock and the City of Wolfforth entered into an agreement for apportionment of the areas of overlapping extraterritorial jurisdiction. The two primary functions of the ETJ are the review of subdivision plats and a prohibition of annexation by one city into the ETJ of another. The 1985 agreement apportioned the overlapped area and attempted to give Wolfforth a "window" to the south and west, since the 5-mile ETJ of Lubbock completely laps over the one-half mile ETJ of Wolfforth. A recent court decision has rendered the validity of the "window" portion of the agreement questionable. As a result, the staff has visited with the City Administrator and Mayor of Wolfforth about a revised agreement, which will preserve the original intent and will be a more legally defensible. The new agreement provides that all overlapped ETJ east of Alcove will go the City of Lubbock and Wolfforth is permitted to grow into Lubbock's ETJ to the west of Alcove. With deference to the growth opportunities of Wolfforth and with no deficit to the City of Lubbock, the staff supported the proposed amended resolution. (23.) Resolution No. 5984/Bid #98120--Lubbock Municipal Coliseum Roof Renovations (Facilities Management) RESOLUTION NO. 5984 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 A. D. Willis Company, Inc., of Austin, TX to install and furnish all materials and services as bid for the Lubbock Municipal Coliseum Roof Renovations. Said Contract is attached hereto and incorporated in this Resolution as if fully set herein and shall be included in the minutes of the Council. 79 Regular City Council Meeting August 27, 1998 Page 80 Passed by City Council this 27th day of August, 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/ William de Haas William de Haas, Competition and Contracts Manager /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of August, 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 A. D. Willis Company, Inc., of the City of Austin, County of Travis, 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 #98120 - Lubbock Municipal Coliseum Roof Renovations - $2,316,260.00 (Base Bid Item #1 and Alternates #2 & #3) 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. 't Regular City Council Meeting August 27, 1998 Page 81 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/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: A. D. Willis Company, Inc. By: /s/ Terry Willis PRINTED NAME: Terry Willis TITLE: President COMPLETE ADDRESS: A. D. Willis Company, Inc. 4266 Felter Lane Austin TX 78744 This item was moved from Consent to Regular Agenda. This bid is for roof renovations utilizing a metal foil faced roof material at the Lubbock Municipal Coliseum. The current shingled roof has held up rather well, but not without several patch jobs and a multitude of leaks over the years. The Buildings Capital Outlay -Coliseum Roof Replacement budget amount is $1, 500, 000. The low bid is $1,216,260 from A. D. Willis Company, Inc. of Austin, Texas. Council had several questions in regard to the options on this renovation. Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. Kay Sanford, Chair of the Coliseum Task Force Committee presented comments; also Joe McKay, Architect and Designer and Terry Willis, Contractor of the roof renovation project. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass Resolution No. 5984 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Mayor Sitton voted Nay. (24.) Resolution No. 5983/Bid #98149--Roof Renovations of West Section at Maggie Trejo Supercenter (Facilities Management) 81 Regular City Council Meeting August 27, 1998 Page 82 RESOLUTION NO. 5983 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 Hamilton Roofing Company of Lubbock, TX to install and furnish all materials and services as bid for the Roof Renovations of West Section at Maggie Trejo Supercenter. 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 27th day of August, 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/ William de Haas William de Haas, Competition and Contracts Manager /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of August, 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 Hamilton Roofing 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: BID #98149 - Roof Renovations of West Section at Maggie Trejo Supercenter - $66,338.00 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. RE Regular City Council Meeting August 27, 1998 Page 83 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/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Name not Legible CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Hamilton Roofing Company : /s/ Louis W. Howell, II PRINTED NAME: Louis W. Howell, II TITLE: Vice -President COMPLETE ADDRESS: Hamilton Roofing Company PO Box 2703 Lubbock TX 79408 This project involves the removal of the existing built-up roof system at the Maggie Trejo Supercenter and provides for the installation of a new modified bitumen roofing system. The Buildings Capital Outlay -Facilities Re -Roof budget amount is $70,000. The low bid is $66,338 from Hamilton Roofing Company of Lubbock, Texas. (25.) Resolution No. 5985/Bid #98178--Kiosk at 78th and Orlando (City Manager) RESOLUTION NO. 5985 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 Danny Klein Construction, Inc., of Lubbock, TX to install and furnish all materials and services as bid for the Kiosk at 78`' and Orlando. 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. 83 Regular City Council Meeting August 27, 1998 Page 84 Passed by City Council this 27th day of August, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of August, 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 Danny Klein Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98178 - Kiosk at 78th Street & Orlando - $57,290.00 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. Regular City Council Meeting August 27, 1998 Page 85 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/ Richard Burdine Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Danny Klein Construction, Inc. By: /s/ Danny Klein PRINTED NAME: Danny Klein TITLE: President COMPLETE ADDRESS: Danny Klein Construction, Inc. 4310 93rd Street Lubbock TX 79423 This item was moved from Consent to Regular Agenda. This project involves the construction of a brick building to house a methane disposal unit for the 78th and Quaker landfill. The design is consistent with the predominant architecture of the area. The plans and specifications were prepared by Parkhill, Smith and Cooper as part of the City's overall plan to eliminate migration of methane from the site. The Professional Services-78th and Quaker Landfill budget amount is $80,000. The low bid is $57,290 from Danny Klein Construction, Inc. of Lubbock, Texas. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 5985 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince recused himself. 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 ORDINANCES FOR PASSAGE (26.) Ordinance No. 10084--Approving and adopting a budget for Fiscal Year 1998-99 (second and final reading). 85 Regular City Council Meeting August 27, 1998 Page 86 ORDINANCE NO. 10084 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1998-99 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATE FUNDS FOR THE 1998-99 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE. The City of Lubbock Charter requires two readings of ordinances. This is the second reading of the ordinance adopting the budget for the City of Lubbock for Fiscal Year 1998-99. The budget ordinance must be considered first followed by the ordinance on the tax rate. In response to citizen comments during the August 13 public hearing on the budget, Council instructed staff to include a one-time amount of $28,000 for Lubbock United Neighborhood Association (LUNA) funding. This amount was to be funded within the proposed budget. This change has been included in the final budget as requested by Council. The contingency amount was reduced to offset the increased expenditure. Staff recommended approval. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 10084 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (27.) Ordinance No. 10085 - Setting the tax rate and levying a tax upon all property subject to taxation with the City of Lubbock, Texas for the year 1998 (second and final reading). ORDINANCE NO. 10085 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1998, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 10085 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Nelson voted Nay. (28.) Ordinance No. 10086 - Amending Chapter 23 of the Code of Ordinances of the City of Lubbock with regard to fees for solid waste collection (second and final reading). ORDINANCE NO. 10086 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO FEES FOR SOLID WASTE COLLECTION; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Regular City Council Meeting August 27, 1998 Page 87 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 10086 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (29.) Ordinance No. 10087 - Authorizing a repeating annual increase equal to 40% of the change in the Consumer Price Index for retirement annuities under the Texas Municipal Retirement System (TMRS) (second and final reading). ORDINANCE NO. 10087 AN ORDINANCE PROVIDING FOR INCREASE PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF LUBBOCK, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 10087 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC HEARINGS, ZONE CASES (30.) Ordinance No. 10089/Zone Case No. 2822 (Between 3rd and 1st Streets east of University): Request of Bernie Gradel with Hugo Reed and Associates (for Bell Dairy Products, Inc.) for zoning change from C-4, R-3 and M-1 to M-1 Specific Use for dairy expansion on Lots 1-13, Block 47, Tew Subdivision; Lots 7 and 18, Block 1, Perkins Subdivision; Lots 7-12 and Lots 25 and 26, Block 4, Perkins Subdivision; and Tract A, Bell Dairy Addition. ORDINANCE NO. 10089 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2822; A ZONING CHANGE FROM C-4, R-3 AND M-1 TO M-1 SPECIFIC USE ZONING FOR DAIRY EXPANSION ON LOTS 1-13, BLOCK 47, TEW SUBDIVISION, LOTS 7 AND 18, BLOCK 1, PERKINS SUBDIVISION, LOTS 7-12 AND LOTS 25 AND 26, BLOCK 4, PERKINS SUBDIVISION AND TRACT A, BELL DAIRY ADDITION, LUBBOCK, TEXAS; PROVIDNG A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:42 a. in. Bernie Gradel appeared on behalf of Bell Dairy Products, Inc. Larry Hendricks, Plant Manager of Bell Dairy, also appeared. No one appeared in opposition. Mayor Sitton closed the hearing at 11:44 a. in. Bell Dairy is in the process of expansion, adding a product line and renovating a portion of their plant. Adjacent land uses: North - railroad and commercial South - commercial and residential East - residential West - commercial Regular City Council Meeting August 27, 1998 Page 88 The request is reasonably consistent with the Comprehensive Land Use Plan, which illustrates commercial in this area. Since the "dairy" listing is in the M-1 section of the zoning code, the staff requested an M-1 Specific Use permit to address several adjacent land use relationship issues. The site plan illustrates street closures and a ten -foot buffering wall, which will isolate the plant from adjacent residential. Most of the property is already zoned M-1, and the expansion would need no zone change request for that area. Bell representatives have worked extensively with both the staff and neighborhood representative for a proposal that will serve the needs of Bell and not be a deficit to the adjacent residential. The mix of land uses in this area are not how staff would do business today, and the discussion for this case is how to best provide equity to all the parties involved. The neighborhood association and adjacent property owners support the proposal. The street closure will create some shifts in traffic patterns in the area, but the net result should be positive. Randy Henson, Senior Planner, presented staff comments. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to pass on first reading Ordinance No. 10089 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (31.) Ordinance No. 10090/Zone Case No. 921-M (2001 50th Street): Request of Don Rushing (for Lubbock Commercial Building, Inc.) for zoning change from R-3 Specific Use to C-2 Specific Use (for a fast food restaurant) on the north 218 feet of Lot D, Briercroft 2nd Addition. ORDINANCE NO. 10090 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 921-M; A ZONING CHANGE FROM R-3 SPECIFIC USE TO C-2 SPECIFIC USE ZONING FOR A FAST FOOD RESTAURANT ON THE NORTH 218 FEET OF LOT D, BRIERCROFT 2ND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:47 a. in. Don Rushing appeared on behalf of Lubbock Commercial Building, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:48 a. in. The proponent requested that a vacant area adjacent to 50th Street and an existing car wash facility be redeveloped as a fast food restaurant. Adjacent land uses: Regular City Council Meeting August 27, 1998 Page 89 North - commercial South - commercial East - commercial West - commercial The proposal is consistent with the Comprehensive Land Use Plan. The request is filed as Specific Use to accommodate a reduced setback on Avenue T (25 feet versus the normal 43 feet). Moving the structure east toward Avenue T will allow better visual access for the buildings to the west. Only the drive through will be on the Avenue T side of the building. The proposal should have little or no effect on traffic in the area. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10090 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (32.) Ordinance No. 10091/Zone Case No. 2823 (north of 98th Street and east of Quaker Avenue): Request of Bobby McQueen (for Bill Hatchett) for zoning change from R-2 to GO for an office building on a portion of land out of Section 14, Block E-2. ORDINANCE NO. 10091 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2823; A ZONING CHANGE FROM R-2 TO GO ZONING ON A PORTION OF LAND OUT OF SECTION 14, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; SUBJECT TO CONDITIONS; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:48 a. in. Bobby McQueen appeared on behalf of Bill Hatchett. No one appeared in opposition. Mayor Sitton closed the hearing at 11:49 a. in. A shift in 98th Street created two very awkward lots at 98th and Orlando. Remaining utility lines make a portion of the new lot unusable for a building. That area will be used as parking lot for the proposed office. The proposal will also allow Garden Office as a buffer between the R-2 on the north and 98th Street. Adjacent land uses: North - duplex zoning South - vacant East - vacant West - commercial zoning Several adjacent owners of duplex units expressed concern for the proposed use. With a description of "professional offices" being the single permitted use in GO and with the fence requirement, they seemed in agreement with the proposal. Regular City Council Meeting August 27, 1998 Page 90 GO is considered a buffer district within the Comprehensive Land Use Plan. The proposal meets basic zoning policies. The request should have no effect on traffic on 98th. The Planning and Zoning Commission recommended approval of the request, subject to the following condition: A brick pillar and wooden insert fence shall be constructed on the north property line with a step down toward Orlando. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10091 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (33.) Ordinance No. 10092/Zone Case No. 2824 (north of East Owen Street and west of I-27): Request of Bob Gingery with Hugo Reed and Associates (for Louis Murfee) for zoning change from R-1 to GO on a tract of land out of Section 9, Block A. ORDINANCE NO. 10092 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2824; A ZONING CHANGE FROM R-1 TO GO ZONING ON A TRACT OF LAND OUT OF SECTION 9, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; SUBJECT TO CONDITIONS AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:50 a. in. Bernie Gradel appeared on behalf of Louis Murfee. Ramona Spence appeared in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:53 a. in. Although the original IHC zone change request is compatible with the Comprehensive Land Use Plan, the neighborhood north of the Lubbock County Club objected strenuously. As a result, the proponent withdrew the IHC request and substituted Garden Office for two lots north of Owen Street. The proposed users are the Corn Growers Association and the Grain Sorghum Association. Both groups want to locate their offices close to the airport since many members and guests fly in to attend meetings. Several regional communities solicited location of the offices in their towns. Adjacent land uses: North - vacant South - residential East - I-27 West - vacant Regular City Council Meeting August 27, 1998 Page 91 The proposal, as amended, is consistent with both the Comprehensive Land Use Plan and zoning policies. The project should have no effect on traffic. The Garden Office District requires a screening fence when across the street from residential unless the requirement is waived during the zoning process. The neighbors on Owen are supposed to contact the staff with a preference about having a fence or not. If the request is to waive the requirement, a condition will be requested during the Council hearing. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10092 with the following amendment: waive the fencing requirement with additional information that will come forward before or on the second reading of the ordinance. Motion carried: 6 Yeas, 0 Nays. (34.) Ordinance No. 10093/Zone Case No. 2825 (1600 Avenue J): Request of Titan Towers, LP for zoning change from C-4 to C-4 Specific Use for a tower on the west half of Lots 6-8, Block 197, Original Town Addition. ORDINANCE NO. 10093 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2825; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A TOWER ON THE WEST HALF OF LOTS 6-8, BLOCK 197, ORIGINAL TOWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:53 a. in. Brad Waltrip appeared on behalf of Titan Towers, LP. No one appeared in opposition. Mayor Sitton closed the hearing at 11:54 a. in. Within the recently amended ordinance for communications towers, the Code requires a Specific Use Permit in areas other than M-1 and M-2. Adjacent land uses: North - commercial South - commercial East - commercial West - commercial The CBD is a focal point for communications, although most of the equipment is on top of various tall buildings. Increasing need for locations stimulates this request. This tower will serve a variety of users other than just cellular, and there are no other adjacent facilities at the proposed height for co -location. To date, the request has a positive adjacent owner response. The request will have no effect on traffic. Randy Henson, Senior Planner, presented staff comments. 5 Regular City Council Meeting August 27, 1998 Page 92 The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10093 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Councilmember Hernandez voted Nay. Councilmember Nelson was away from the dais. (35.) Ordinance No. 10094/Zone Case No. 1647-A (north of U.S. 84 and east of MLK Jr. Blvd.): Request of Jimmy King (for Lubbock Wrecker Service, Inc.) for zoning change from M-2 to M-2 Specific Use on a portion of land out of Section 3, Block 5. ORDINANCE NO. 10094 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1647-A; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE ZONING ON A PORTION OF LAND OUT OF SECTION 3, BLOCK 5, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; SUBJECT TO CONDITIONS; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:57 a. in. Margie Wilhite appeared on behalf of Lubbock Wrecker Service, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:58 a. m. The request is to expand the storage yard of an existing towing service. The owner recently won the bid for towing from the City of Lubbock. Adjacent land uses: North - vacant South - industrial East - industrial West - vacant The Slaton Highway Frontage is noted as Industrial on the Comprehensive Land Use Plan. The wrecker storage use is in the Specific Use Section of the zoning Code to ensure some level of aesthetics and house keeping for the facility. In this case, provision of a screening fence for the storage area is the primary objective. A new solid fence should be constructed on the highway side and the east. For the time being, chain link would be acceptable on the north as the land adjacent is vacant. The proposal should have no effect on traffic. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: A six-foot minimum screening fence shall be constructed on the south and east property line of the expanded area; and No gates shall be constructed in the screening fence along the Slaton Highway. 92 Regular City Council Meeting August 27, 1998 Page 93 The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10094 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Nelson was away from the dais. (36.) Ordinance No. 10095/Zone Case No. 2826 (south of 82nd Street and west of Avenue P): Request of Burl W. Masters (Brad Baccus) for zoning change from R-1 to R-2 and C-4 on a portion of land out of Section 9, Block E. ORDINANCE NO. 10095 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2826; A ZONING CHANGE FROM R-1 TO R-2 AND C-4 ZONING ON A PORTION OF LAND OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CALUSE; SUBJECT TO CONDITIONS; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:58 a. in. Burl Masters appeared on behalf of Brad Baccus. No one appeared in opposition. Mayor Sitton closed the hearing at 12:02 p. in. The request is in two parts: (A) R-2 which will buffer the school tract and proposed C-4 and, (B) C-4 south of the existing M-1 adjacent to Avenue P. Adjacent land uses: Residential (vacant) adjacent to the R-2 requests. The C-4 request: North - M-1 Zoning and city fuel site South - RE East - city limits along Avenue P West - single family (vacant) The R-2 portion of the request represents a policy zone case. The C-4 request represents a departure from the current Comprehensive Land Use Plan. The location of the City fuel site, originally developed outside the City limits, an M-1 area and the east side of the request area being outside the City and developed commercially create a circumstance not addressed by the Comprehensive Plan. The developer of this parcel is requesting heavy commercial zoning in this "notch" consistent with a pattern already established to the north and east. The recommendation from the Planning Commission includes a motion to amend the Comprehensive Land Use Plan in this area. As proposed C-4, zoning policy would suggest removing several objectionable uses. A strike list that seems reasonable would include: Bars, night clubs and Billboards 93 Regular City Council Meeting August 27, 1998 Page 94 The probable users for these lots will be small contractor offices/shops. The proposal should have no greater effect than expected on traffic in the area. 82nd Street is in the process of being upgraded and Avenue P is future thoroughfare. Randy Henson, Senior Planner, presented staff comments. The Planning and Zoning Commission recommended approval of the request subject to the following condition: 1. The C-4 zoning shall prohibit the following C-4 uses: a. Bar, nightclub b. Billboard The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10095 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (37.) Ordinance No. 10096/Zone Case No. 2828 (south of 98th Street and east of Vicksburg): Request of Bernie Gradel with Hugo Reed and Associates (for Lubbock Land Co.) for zoning change from R-1 to R-1 Specific Use for reduced front setback on a portion of land out of Section 16, Block E-2. ORDINANCE NO. 10096 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR REDUCED FRONT SETBACK ON A PORTION OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; SUBJECT TO CONDITIONS; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:02 p. in. Bernie Gradel appeared on behalf of Lubbock Land Company. No one appeared in opposition. Mayor Sitton closed the hearing at 12:04 p. in. The proposal will allow a 20-foot front setback versus the standard R-1 setback of 25 feet. Through previous zone cases and ZBA requests, a number of new subdivisions have shifted to this standard (including the first phase of this project), allowing for the five feet to be placed in the back yard for more private space. The homes in this subdivision will have garages entering from paved alleys. Adjacent land uses: North - R-1 South - R-1 East - R-1 West - R-1 The request is consistent with Comprehensive Land Use Plan and zoning policies and should have no effect on traffic. Regular City Council Meeting August 27, 1998 Page 95 The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10096 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC HEARING. OTHER (38.) Resolution No. 5986 - Public hearing to consider an amendment to the Master Thoroughfare Plan element of the Comprehensive Land Use Plan. RESOLUTION NO. 5986 WHEREAS, the 1985 Comprehensive Land Use Plan, consisting of a printed map with Existing and Proposed Land Uses, narrative information, and five narrative sections entitled "Land Use", "Population and Economics Report", "Urban Design", "Transportation", and "Community and Public Facilities", were presented to the Planning and Zoning Commission and were studied and updated by said Commission and subsequently adopted by the City Council of the City of Lubbock pursuant to Resolution #2118; and WHEREAS, the Comprehensive Land Use plan is a collection of maps, defined goals, objectives, and recommendations upon which to base decisions affecting the growth and development of the City of Lubbock; and WHEREAS, the Comprehensive Land Use Plan should be recognized as a guide for the development of the City of Lubbock; and WHEREAS, the Planning and Zoning Commission approved an amended 1998 Lubbock Thoroughfare Plan, an element of the Comprehensive Land Use Plan, in minuted action on the 6`h day of August, 1998; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT said Thoroughfare Element of the Comprehensive Land Use Plan, as updated, BE and is hereby adopted by the City Council of the City of Lubbock as a guide for short-range and long-range community development within the City of Lubbock; and SECTION 2. THAT a copy of said Thoroughfare Plan shall be attached hereto as Exhibit A, which shall be a part of this Resolution as if fully copied herein. 95 Regular City Council Meeting August 27, 1998 Page 96 Passed by City Council this 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Randy Henson Randy Henson, Senior Planner APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney Mayor Sitton opened the public hearing at 12:04 p.m. No one appeared to speak at the hearing. Mayor Sitton closed the hearing at 12:08 p. in. The following is an overview of the activities surrounding the Thoroughfare Plan revision. In 1986 the City of Lubbock adopted the current Thoroughfare Plan (Plan). Because of new construction and other changes in the last 12 years and the need to make revisions to the Plan, the Plan is proposed for revision. A committee comprised of City of Lubbock staff, MPO staff, County Engineering staff, and members of the general public reviewed the Plan, and recommended corrections and revisions. The proposed Plan was open to public comment from May 1st through the 15th. The proposed Plan was presented at a public meeting with the Transportation Committee a workshopthe shou d on May 6, 1998. It was decded at that time be held to allow the public greater access to the proposed Plan revisions. A workshop was held with members of the bicycle community on June 23, 1998 and another workshop was held on June 30, 1998 with the Transportation Advisory Committee, Citizens Resource Subcommittee, and members of the bicycle community. At that time the proposed Plan was reviewed, and suggested revisions were incorporated. It was recommended the proposed Plan be taken to the Transportation Advisory and Policy Committees for review and adoption. The Lubbock Metropolitan Planning Organization Transportation Policy Committee adopted the proposed Thoroughfare Plan on July 22, 1998. Regular City Council Meeting August 27, 1998 Page 97 • The proposed Plan was discussed in a public hearing by the Planning and Zoning Commission on August 6, 1998. The P&Z Commission recommended approval of the proposed Plan. With the exception of numerous changes resulting from development patterns since 1986 and several obvious amendments (ex: Quaker, from North to South Loop 289 and 34th Street, from Brownfield to Avenue A, changed from T-2 to T-1), most changes are routine. The noted streets are not expected to be increased to seven lanes because of right of way costs. Most of the old one way pair system is removed, since the streets have been converted back to two way. The change for a thoroughfare corridor through the Texas Tech campus illustrates an amended route between 4th and 19th Streets, with Indiana realigned. The new street swerves from 19th Street and Indiana, west of the medical complex and then to Quaker in the mile north of 4th Street. Traffic from the north on Indiana will venture one-half mile west on 4th Street to have access south to 19th Street. One additional change will be the future paved width of thoroughfares. To accommodate bicycles, yet not increase the required right of way, the bicycle community and the MPO agree that adding two feet of paved width will be the most suitable and cost efficient compromise. The proposed wider outer lane will allow a better "shared" lane than current standards. The additional two feet of asphalt will be approximately $30,000 per mile, but compared to an even wider paved section, striped bicycle lanes and a wider right of way, the cost increase is not significant and the thoroughfare system will better meet legal requirements of accommodating bicyclists. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission and the MPO. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5986 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Hernandez voted Nay. Councilmember Hernandez left the Council meeting at 12:10 P. m. and did not return. PUBLIC HEARING PAVING ASSESSMENTS (39.) Ordinance No. 10097 - Public hearing to consider assessments for paving improvements on the 1997 Assessment Paving Program (first reading). M Regular City Council Meeting August 27, 1998 Page 98 ORDINANCE NO. 10097 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREETS AND/ALLEYS; 82ND STREET FROM FRANKFORD AVENUE WEST TO THE CITY LIMITS; 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 SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING FUNDS, (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). The proposed paving improvements consist of the following alleys and streets: Unit Number DescriOM 2342-001 East Harvard Street from Ash Avenue to Birch Avenue 2386-002 82nd Street from Frankford Avenue west to the City limits A-461-73 The east -west, north -south alley between 64th Drive 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 100% of the property owners having property abutting the two alleys requested by petition that the paving improvements be constructed. Since 82nd Street is a thoroughfare it is to be paved as a capital improvement project with state and county participation. East Harvard Street was not petitioned by abutting property owners. It is proposed by staff to be paved to resolve a drainage problem and in response to an adjacent property owner's repeated request for paving. Assessments are proposed against the owners of property abutting the two streets and two alleys to obtain their share of the paving costs. The purpose of this hearing is to provide the affected property owners on the alleys, 82nd Street and east Harvard, an opportunity to express their views in regard to proposed paving and subsequent assessment of the cost of such improvements. After public comment the City Council will determine whether or not the City will pave the petitioned alleys and East Harvard Street and the portion of the costs that will be assessed to the abutting property owners for the paving improvements for all units. Under Texas Law a municipality may not assess an amount exceeding the special benefits, or enhancement value, of the paving improvements to the abutting properties. The enhancement must be established by a qualified person, and the municipality must participate in at least 10% of the cost of street and alley paving. Regular City Council Meeting August 27, 1998 Page 99 The "Calculated Rate" shown on the assessment rolls is the maximum assessment rate which may be levied consistent with state law and the City of Lubbock policy, exclusive of the enhancement value issue. This rate is calculated on the basis of the property owners paying 100% of the curb and gutter cost and 90% of the paving cost. The "Enhancement Rate" shown on the rolls is the estimated amount that the value of the abutting property will be increased by the proposed paving improvements. A qualified appraiser was engaged by the City of Lubbock to determine the enhancement value of the paving improvements for each of the abutting properties included in this project. His report indicates that the enhancement value of paving for the two alleys, which were petitioned, is significantly less than the construction cost. His report also indicates that the enhancement value of paving for the two streets is significantly less than the construction cost. These determinations are consistent with historical enhancement studies. A copy of the appraiser's report is available for inspection. The alternatives available to the City Council are as follows for each unit: A. Unit A-461-73 Alley, which was requested by property owners by petition. 1. Delete the unit from the program. 2. Authorize paving of this unit and assess the abutting property owners the amount specified by the appraiser as -- the enhancement value. Property owners would pay 27 % of the cost. This would require the City to pay 73 % of the cost of this alley. 3. Authorize paving of this unit and assess the abutting property owners an amount up to the calculated rate. The property owners would pay up to 90 % of the paving cost. Past City Councils have determined that for alleys and residential street paving, the abutting property owners receive the most benefit from the paving and should pay most of the cost. When assessing an amount greater than the enhancement value, past Councils have required that an agreement be signed by at least 50 % of the abutting property owners stating that they agree to pay the rate set by Council. This approach is in effect paving by contract between the signing property owners and the City. The signed agreement may be considered as testimony that the benefits to the property equal the amount being assessed. The validity of this testimony could be challenged, and the City could possibly be required to reduce the assessment rate to the enhancement value for owners not signing the agreement. Staff recommended alternative 3. B. Unit A-461-74 Alley, which was requested by property owners by petition. 1. Delete the unit from the program. Regular City Council Meeting August 27, 1998 Page 100 2. Authorize paving of this unit and assess the abutting property owners the amount specified by the appraiser as the enhancement value. Property owners would pay 27 % of the cost. This would require the City to pay 73 % of the cost of this alley. 3. Authorize paving of this unit and assess the abutting property owners an amount up to the calculated rate. The property owners would pay up to 90 % of the paving cost. Past City Councils have determined that for alleys and residential street paving, the abutting property owners receive the most benefit from the paving and should pay most of the cost. When assessing an amount greater than the enhancement value, past Councils have required that an agreement be signed by at least 50 % of the abutting property owners stating that they agree to pay the rate set by Council. This approach is in effect paving by contract between the signing property owners and the City. The signed agreement may be considered as testimony that the benefits to the property equal the amount being assessed. The validity of this testimony could be challenged, and the City could possibly be required to reduce the assessment rate to the enhancement value for owners not signing the agreement. Staff recommended alternative 3. C. Unit 2342-001, East Harvard Street 1. Delete the unit from the program. 2. Authorize paving of this unit and assess the abutting property owners the amount specified by the appraiser as the enhancement value. This would require the City to pay 67 % of the cost of East Harvard Street. 3. Authorize paving of this unit and assess the abutting property owners an amount up to the calculated rate. When assessing an amount greater than the enhancement value, past Councils have required that an agreement be signed by at least 50 % of the abutting property owners stating that they agree to pay the rate set by Council. However, this unit was added by staff for consideration to address an existing drainage and erosion problem. Since the unit was not petitioned by the abutting property owners, obtaining signed agreements by 50 % of the owners may be difficult to obtain. Staff recommended alternative 2. D. Unit 2386-002, 82nd Street from Frankford Avenue West to the City limits. 100 Regular City Council Meeting August 27, 1998 Page 101 1. Authorize the assessment of the abutting property owners at the amount specified by the appraiser as the enhancement value. Historically past City Councils have assessed property abutting thoroughfares at the enhancement rate. Although alleys and minor streets are viewed to primarily benefit the abutting property owners, thoroughfare paving is viewed to benefit the City as a whole. 2. Authorize the assessment of the abutting property owners at an amount up to the calculated rate. However, obtaining agreements from the majority of the property owners abutting 82nd Street to pay the calculated rate will be difficult. 3. Do not assess any amount for this unit. Staff recommended alternative 1. The public hearing serves as the first of three readings of the assessment ordinance. The first page of this ordinance was included in the Council's back-up materials. The ordinance was then completed following testimony given at the public hearing. Following the hearing, staff will advertise for bids for those units remaining on the program, except for 82nd Street, which is being constructed by TxDOT. If bids are less than the unit prices estimated, the assessment rates will be reduced on those units assessed at the calculated rate. The rates can be reduced, but cannot be increased from the amount advertised for the public hearing. The rates that were advertised for the public hearing are those indicated as "Calculated Rate" on the assessment rolls. The third and final reading of the ordinance will occur when a paving contract is awarded. Upon completion of the paving construction, the amounts determined by the City Council will be assessed to the abutting property owners. The assessments may be paid all at once or in five annual payments at 8 % interest. A. Unit A-461-73, Alley Staff recommended that the Council elect to construct the paving improvements on this unit and require the majority of the abutting property owners to sign an agreement stating their property will be enhanced to an amount equal to the calculated rate. If the majority of owners fail to execute the agreement by Monday, September 14, 1998, the Council should delete this unit from the program at the second reading of the ordinance. Mayor Sitton opened the public hearing at 12:11 p. in. No one appeared to speak at the hearing. Larry Hertel, City Engineer, presented staff comments. Mayor Sitton closed the hearing at 12:14 p. in. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10097 (Unit A-461-73) at the calculated rate (alternative #3) as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. 101 Regular City Council Meeting August 27, 1998 Page 102 B. Unit A-461-74, Alley Staff recommended that the Council elect to construct the paving improvements on this unit and require the majority of the abutting property owners to sign an agreement stating their property will be enhanced to an amount equal to the calculated rate. If the majority of owners fail to execute the agreement by Monday, September 14, 1998, the Council should delete this unit from the program at the second reading of the ordinance. Mayor Sitton opened the public hearing at 12:14 p. in. No one appeared to speak at the hearing. Mayor Sitton closed the hearing at 12:15 p. in. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10097 (Unit A-461-74) at the calculated rate (alternative #3) as recommended by staff. Motion carried: 5 Yeas, 0 Nays. C. Unit 2342-001, East Harvard Street Staff recommended that the Council elect to construct the paving improvements on this unit and assess the abutting property owners in the amount up to the enhancement rate. Mayor Sitton opened the public hearing at 12:15 p. in. No one appeared in favor. The following citizens appeared in opposition: Sue West, daughter of Mrs. O. H. Wilson, property owner; Dan Ratliff, property owner; Mrs. O. H. Wilson; and Herman West, son-in-law of Mrs. O. H. Wilson. The citizens who spoke were opposed to the assessment amount at the calculated rate. Larry Hertel, City Engineer, asked if the property owners had any objection to the assessment at the enhancement rate, which is what staff recommended. All agreed that they would have no objection. Mayor Sitton closed the hearing at 12:26 p. in. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 10097 (Unit 2342-001) at the enhancement rate (alternative #2) as recommended by staff. Motion carried: 5 Yeas, 0 Nays. D. Unit 2386-002, 82nd Street Staff recommended that the assessment rate be established at the enhancement rate. Mayor Sitton opened the public hearing at 12:26 p. in. The following citizens appeared in favor: Randy Neugebauer, representing Lubbock Land Company Investment Partnership, Ltd. and Westwood Joint Venture Developers; and Burl Masters, representing Mr. and Mrs. John Bacon and Nancy Bacon Snow. Mr. Masters said he was in favor only as long as the assessment was at the enhancement rate. 102 Regular City Council Meeting August 27, 1998 Page 103 The following citizens appeared in opposition: John Callus and Father John Hill representing St. Andrew Greek Orthodox Church. Both were opposed to assessment at the calculated rate. Larry Hertel, City Engineer, stated that the assessment would be at the enhancement rate, which is what staff recommended. Mr. Callus and Father Hill stated they had no objection to this. Mayor Sitton closed the hearing at 12:29 p. in. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 10097 (Unit 2342-002) at the enhancement rate (alternative #1) as recommended by staff. Motion carried: 5 Yeas, 0 Nays. HEALTH AND COMMUNITY SERVICES (40.) Consider Resolution No. 5972 authorizing the Mayor and City Council to approve and execute a Grant Application for Federal Empowerment Zone Funds and all related documents. RESOLUTION NO. 5972 WHEREAS, the Federal Government has authorized granting funds for Empowerment Zones for eligible pursuant to the Internal Revenue Code of 1986 (26 USC 1391 et seq.); and 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 City of Lubbock established a citizens committee to develop an Empowerment Zone grant application; and WHEREAS, the Citizens' Committee has completed the development of said application; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application for Federal Empowerment Zone Funds and all related documents. Said Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 103 Regular City Council Meeting August 27, 1998 Page 104 Passed by City Council this 27th day of August, 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, Strategic Planning APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 5972. This item was considered immediately following Item No. 10. On June 25, 1988, the City Council appointed the 61-member Empowerment Zone (EZ) Steering Committee. The EZ Steering Committee is a broad -based group of elected officials and representatives from neighborhood associations, nonprofit agencies, public and private organizations and businesses. The Committee met from mid -June through August 10 to develop a strategic plan for the City of Lubbock's proposal as an Empowerment Zone. As part of the planning process, the Steering Committee divided into seven subcommittees to work on different segments of the plan; the Boundary Subcommittee, Vision Subcommittee, Projects Subcommittee, Assessment Subcommittee, Tax -Incentive Subcommittee, Resources Subcommittee, and Governance Subcommittee. All subcommittees developed recommendations to be approved by the EZ Steering Committee. The Boundary Subcommittee was responsible for selecting the boundaries of the proposed federal Empowerment Zone. The Vision Subcommittee created the Vision Statement for the proposal. The Projects Subcommittee issued a call for EZ projects to be submitted as part of the plan and prioritized the more than 70 project applications received. The Assessment Subcommittee developed a tool for evaluating the performance of projects receiving federal funding and the Tax -Incentive Subcommittee developed a tax -incentive plan. The Resources — Subcommittee focused on leveraging resources and match opportunities for the proposal. The Governance Subcommittee developed a structure of governance for the implementation of the ten-year grant. These items were all incorporated into the strategic plan that makes up the bulk of the City's Empowerment Zone application. I[ITH Regular City Council Meeting August 27, 1998 Page 105 City Council action at this time was essential for submission of the application to the Texas Department of Economic Development (TDED) by their deadline of September 4, 1998. TDED must review and approve the proposal for completeness prior to its submission to the U.S. Department of Housing and Urban Development by October 9, 1998. Staff recommended approval of the resolution authorizing the Mayor to approve and execute the federal grant proposal for designation of a federal Empowerment Zone. The Lubbock County Commissioners Court considered a similar resolution at their August 24, 1998 meeting. Richard Burdine, Assistant City Manager, presented staff comments and recognized Mr. Rincone and Mr. Hackney of the local HUD office, members of the EZ Steering Committee, and staff in attendance for their work on the proposal. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 5972 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. CIVIC SERVICES (41.) Consider Resolution No. 5987 to appoint a Municipal Sports Task Force to be charged with the responsibility of reviewing capital needs and possible consolidation of efforts among the various youth and adult sports organizations. RESOLUTION NO. 5987 WHEREAS, the City Council of the City of Lubbock desires to support a variety of youth and adult sports; and WHEREAS, the City Council finds that there is a need to reassess and develop the community's youth and adult sports programs; and WHEREAS, the City Council believes that a task force should be created and charged with the duty to develop a comprehensive evaluation of local youth and adult sports: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT there be and is hereby created an advisory task force to be called the Municipal Sports Task Force, which Task Force shall serve as an advisory body to the City Council upon matters concerning the review of capital needs and possible consolidation of efforts among the various youth and adult sports organizations. SECTION 2. THAT such Task Force shall be charged with the duty to develop comprehensive analysis of youth and adult sports programs and facilities throughout the City of Lubbock. The task force will be presented with the following issues to evaluate: 1. Identify current youth and adult sports organizations and affiliations. 2. Develop a facility inventory for practice and games. 3. Develop a programs inventory for all youth and adult sports. 4. Determine the demographics profiles and populations projections. 105 Regular City Council Meeting August 27, 1998 Page 106 5. Develop a needs assessment for projected sports and populations. 6. Determine service level guidelines. 7. Develop a youth and adult sports contract that defines responsibilities for respective organizations and the City of Lubbock. SECTION 3. THAT such Task Force shall be composed of the following membership. 1. An independent chairperson. 2. City of Lubbock representatives: Civic Services Managing Director, Parks and Recreation Manager, and Outdoor Recreation Supervisor. 3. Baseball representatives from the following organizations: Northwest, Dixie, Midwest, Pony Colt, Southwest, Western, Martin Luther King and District Administrator. 4. Softball League Representatives from the following organizations: Lubbock Youth Softball, South Plains Girls Fastpitch and Adult League. 5. Lubbock Soccer Association Representatives. 6. Basketball League Representatives from the following organizations: Monterey Optimist Basketball and Lubbock Girls Basketball. 7. One Representative from each local School District including Lubbock Independent School District and Friendship Independent School District. 8. One Representative from Youth Football League. SECTION 4. THAT the Task Force shall meet as needed to consider recommendations to the City Council pertaining to matters related to the development of a comprehensive evaluation of youth and adult sports. SECTION 5. THAT any and all recommendations made by the Task Force to the City Council shall be made by the concurring vote of at least the majority of the members of the Task Force. A majority of the total Task Force membership shall constitute a quorum for the transaction of all matters to be considered by the Task Force. The Task Force is authorized to establish sub -committees for the specific functions with a Chairperson for each sub -committee. The sub -committee Chairperson shall constitute the Executive Committee of the Task Force to transact all routine and emergency business. SECTION 6. THAT the Task Force shall terminate and its advisory authority shall end on March 30, 1999. 106 Regular City Council Meeting August 27, 1998 Page 107 Passed by City Council this 27th day of August, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney For many years the City of Lubbock has provided various venues for a variety of youth and adult sports. The relationship with each respective organization has been positive and beneficial for both the City and the youth and adult organizations. Thousands of participants have benefited by the exceptional facilities and programs offered by the Parks system as they relate to sports and recreational opportunities. As Lubbock moves into the 215` century, staff is challenged to engage in sound planning to provide responsive, equitable and high quality facilities and programs to serve the expanding needs of the citizens of Lubbock. In an effort to reassess and develop the community's youth and adults sports programs, the City of Lubbock intends to establish a task force that will be charged with the development of a comprehensive evaluation of local youth and adult sports. The results should complement and refine the findings of the 1998 Lubbock Comprehensive Parks, Recreation and Open Space Master Plan. PURPOSE AND SCOPE: The purpose of the task force is to conduct a comprehensive analysis of youth and adult sports programs and facilities throughout the City of Lubbock. The analysis should evaluate current programs, identify potential areas where efforts of respective leagues and/or organizations could be coordinated and recommended possible capital needs for youth and adult sports programs. The task force will be presented with the following issues to evaluate: (1) Identify current youth and adult sports organizations and affiliations. (2) Development of a facilities inventory for practice and games. (3) Development of a programs inventory for all youth and adult sports (seasons, times, dates, constraints, etc.) (4) Determine the demographic profiles and population projections. 107 Regular City Council Meeting August 27, 1998 Page 108 (5) Develop a needs assessment for projected sports and population. (a) Determine facility requests. (b) Evaluate existing facilities. (6) Determine service level guidelines. (7) Develop youth and adult sports contract that defines responsibilities for respective organizations and the City (user fees, lease agreements, maintenance, etc.). The task force will be scheduled to complete its work by February 1998. The following month, March 1998, they will present their findings to the City Council. At that point, the task force shall terminate and its advisory authority shall end on March 30, 1999. The proposed resolution recommended that the Council appoint a chair independent of any sports organizations. In addition, the staff recommended three City of Lubbock representatives (Civic Services Managing Director, Parks and Recreation Manager, and Outdoor Recreation Supervisor). Finally, the resolution recommended representatives from the following organizations: 1. Baseball representatives from Northwest, Dixie, Midwest, Pony/Colt, Southwest, Western, and Martin Luther King organizations. 2. Softball league representatives from Lubbock Youth Softball, South Plains Girls Fastpitch and Adult League. 3. Lubbock Soccer Association representatives, 4. Basketball League Representatives from Monterey Optimist Basketball and Lubbock Girls Basketball. 5. One representative from each local school district including LISD and Frenship Independent School District. 6. One representative from Youth Football League. Although the Parks Master Plan identified the broad needs of the community, it did not recommended which project receives priority. In order to effectively respond to the needs of the community, as it relates to sports, staff recommended the approval of the appointment of the Municipal Sports Task Force. Rusty Black, Parks Manager, presented staff comments and recommended that Dr. John Cobb, retired professor emeritus, be appointed as Chair at this time. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass Resolution No. 5987 as recommended by staff, with the appointment of Dr. John Cobb as Chair. Motion carried: 5 Yeas, 0 Nays. Regular City Council Meeting August 27, 1998 Page 109 BOARD APPOINTMENTS Motion was made by Councilmember McDougal, seconded by Councilmember Ince to confirm all appointments of board members. Motion carried: 5 Yeas, 0 Nays. (42.) Confirm the appointment of Rodrick Evans to the Appointments Advisory Board. (43.) Confirm the appointments of Jim Cone, Rice Horkey, Pete Ruiz, and George Scott to the Airport Board. (44.) Confirm the appointment of Rebecca Walker to the Culture and Arts Commission. (45.) Confirm the appointment of Steve Swain to the Citizens Traffic Commission. (46.) Confirm the appointment of Dave Freriks to the Permit License and Appeal Board. (47.) Confirm the appointments of Paul Goebol, Bob Jones, and Gary Rothwell to the Planning and Zoning Commission. The citizens referenced above were selected for service during the City Council Executive Session of August 13, 1998. They have all been contacted and have agreed to serve. 12:35 P. M. COUNCIL RECESSED 1:44 P. M. COUNCIL RECONVENED 1:45 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,O Nays. Councilmember Ince was not present when Council reconvened. _ . ' .li'/ / ` /l / WINDY SITTONJmAYOft ATT ,ST: kavthie arnell, City Secretary Read and approved this day ofddwe�—, 1998. v � INDY SIT YOR ATTEST: v Kaythie Darnell, City Secretary 109