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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/10/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 10, 1998 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of September, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:38 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Alex "Ty" Cooke, Council - member Marc McDougal, Councilmember David Nelson, and Councilmember T. J. Patterson CITIZEN COMMENTS No citizens appeared for Citizen Comments. 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 (Streets; Water Utilities). 7:40 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: Appointments Advisory Board Board of Electrical Examiners Building Board of Appeals Complete Count Committee Planning and Zoning Commission Urban Design/Historic Preservation Committee (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 (Streets; Water Utilities). 9:50 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Regular City Council Meeting September 10, 1998 Page 112 (5.) Discussion of the Playa Lake Development/Ownership Policy by Gary Rothwell, Chair, Drainage Criteria Advisory Committee, and Marsha Reed, Senior Civil Engineer. (6.) Presentation regarding legislative session by Councilmember David Nelson and Ron Lewis, Assistant to the City Manager. 10:55 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, 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 Victor Hernandez Mayor Sitton called the meeting to order at 10:55 A. M. ( 7.) Pastor Mel Swoyer, Shepherd King Lutheran Church, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Culture and Arts Commission Receiving: Rebecca Walker Permit and License Appeal Board Receiving: David Freriks CITIZEN APPEARANCES Councilmember Nelson gave his Top Ten List. (9.) Murray Hensley, President of Civic Lubbock, Inc., presented the 1998-99 Civic Lubbock, Inc. Budget. The agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. prepare and present to the City Council a budget for the upcoming year. This budget is not presented for City Council approval per se, but rather for information and comment. Effective October 1, 1996, Civic Lubbock, Inc. was restructured and the agreement between the City of Lubbock and Civic Lubbock, Inc. revised. The concessions and computerized ticketing operations, which had previously been handled by Civic Lubbock, Inc., were transferred to the City of Lubbock and the sponsoring and co -sponsoring of events was transferred to METTS. The revised agreement grants Civic Lubbock, Inc. the license to handle all alcoholic beverage sales with the Civic Center and Auditorium -Coliseum complex. .The commission percentage paid to the City was also reduced from 30 % to 20 % . The profits from the sale of alcoholic beverages go towards public art programs. 112 Regular City Council Meeting September 10, 1998 Page 113 Key components of the 1998/99 budget are as follows: Estimated commissions are $57,347. This represents a 19 % increase over the revised estimate for 1997/98. Aggressive marketing efforts, as well as incentives to attract events that generate sales, will be utilized to attain revenue goals. • Net profits from the sale of alcoholic beverage concessions are anticipated to be $31, 304. • Civic Lubbock, Inc. was instrumental in the development of the Broadway Series and is now into the third year of the contract to cosponsor the Series. The Series has continued to grow and has now moved to weekend performances and increased the number of performances from three to four for each show. This budget reflects a profit from the Broadway Series of $30,000. • Net profits for FY 1998/99 that will go toward public art programs are estimated to be $61,304. Civic Lubbock, Inc. purchased and/or commissioned two public art pieces from two well-known local artists. The Glenna Goodacre piece has been installed in the Pedestrian Mall of the Civic Center and the Eddie Dixon piece is expected to be completed in 1999. The cost of these pieces was approximately $200,000 and the funds to purchase these pieces came from their reserves. In addition, Civic Lubbock, Inc. has made a significant contribution to the Buddy Holly memorabilia collection. In order to continue and to enhance these efforts, staff is also recommending that, in annually increasing increments of $50,000, the Civic Lubbock payment to the City be reduced so as to ,allow CLI to enhance its programs. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the promotion or co -promotion of educational and/or cultural programs with an emphasis on public art programs. In addition, Civic Lubbock, Inc. contributes to reducing the cost of operations of the Civic Center and Auditorium -Coliseum through the commissions paid to the City. The 1998/99 Budget for Civic Lubbock, Inc. is presented to City Council for their information and comment. CONSENT AGENDA (Items No. 10 — 32) Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (10.) Approval of the minutes of the Regular City Council Meeting of August 27, 1998. 113 Regular City Council Meeting September 10, 1998 Page 114 (11.) 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 (second and final reading). 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (12.) 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 fast food restaurant on the north 218 feet of Lot D, Briercroft 2nd Addition (second and final reading). 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. (13.) 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 (second and final reading). 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. - (14.) 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 (second and final reading). 114 Regular City Council Meeting September 10, 1998 Page 115 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 AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 10094/Zone Case No. 1647-A (North of U. S. 84 and East of MLK, Jr. Boulevard): 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 (second and final reading). 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. (16.) Ordinance No. 10095/Zone Case No. 2826 (South of 82nd Street and West of Avenue P): Request of Burl W. Masters (for 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 (second and final reading). 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 CLAUSE; SUBJECT TO CONDITIONS; AND PROVIDING FOR PUBLICATION. (17.) 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 Company) 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 (second and final reading). 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. (18.) Consider Ordinance No. 10098 abandoning and closing a portion of a 20-foot alley located in Section 28, Block E-2 Lubbock County, Texas (5501 Frankford Avenue) (first reading). 115 Regular City Council Meeting September 10, 1998 Page 116 ORDINANCE NO. 10098 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 20- FOOT ALLEY 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 REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a north/south, 20-foot by 532.11-foot alley just east of Frankford Avenue and north of 56th Street. The proponents of this alley closure are Carl and Duane Knott, the original dedicators of this alley. There will not be a charge for this alley closure since they were the original dedicators. The Right -of -Way Department recommended the first reading of this ordinance. (19.) Consider Resolution No. 5988 authorizing the Right -of -Way Department to make offers to twelve property owners for four parcels of right-of-way for the East-West Freeway Railroad Relocation (Brownfield Highway and Milwaukee Avenue). RESOLUTION NO. 5988 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to each of the following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME IRR-2 Texas Water Rampage Corp. IRR-3 The Ullom Family Partnership, LTD, a Texas Limited Partnership IRR-5 Stephen M. Seale and wife, Nancy L. Seale, Daniel K. Seale, Kathleen N. Seale Withers, f/k/a Kathleen L. Seale, Carolyn A. Seale, Victoria L. Seale, and Marian Seale Freeland, f/k/a Marian E. Seale IRR-36 Mary V. Parsley, individually, Jeannie A. Gravitt, individually, and Herschel V. Newman, Jr., individually and as trustee AMOUNT $ 33,600 $ 500 $ 17,500 $107, 300 Regular City Council Meeting September 10, 1998 Page 117 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized are more particularly described as exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this loth day of September, 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/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney Copies of the parcels are filed with Resolution No. 5988. For several years, the Texas Department of Transportation (TxDOT) has been planning the East-West Freeway. As part of this project, the West Texas and Lubbock Railroad Company, Inc., which runs along the proposed freeway route for much of the route, will be relocated around West Lubbock. This new railroad route will be approximately eleven miles in length and run westward from North Frankford Avenue and Clovis Highway for about four miles and then turn southward just west of FM 179 and then run southward for about six miles across 4th Street, 19th Street, and then intersect the existing Levelland and Whiteface branch of the railroad just north of 34th Street. There will also be an additional mile and one-half of track relocation west of Sam's just to the north of the Brownfield Highway. This area is where three parcels of rights -of -way addressed by this resolution are located. These three takings are predominately agriculture based properties with future development potential for commercial or residential development. The fourth parcel is located near FM 179 and Kent Street and is farmland. 117 Regular City Council Meeting September 10, 1998 Page 118 This resolution asks for approval of offers to these 12 owners for four parcels of land appraised by Merle Blosser, MAI. This resolution states the parcel number, the owners' names, and the appraised amount that they will be offered. This resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if refused, to initiate condemnation proceedings to acquire the property. The Right -of -Way Department recommended the approval of our offer to these property owners. (20.) Consider Resolution No. 5989 authorizing the Mayor to approve a contract of sale and a Quit Claim Deed between the City of Lubbock and Classic Restorations for Lot 24, Block 2, Westover Heights Addition to the City of Lubbock (4801 17th Street, Fire Station #7). RESOLUTION NO. 5989 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 of Sale, by and between the City of Lubbock and Classic Restorations, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this loth day of September, 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/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 5989. This fire station at 4801 17th Street was put up for bid in August through Bid #98114 and Classic Restorations, Roland Schaffner, was the highest bidder at $42,120. This resolution authorizes the Mayor to execute a sales contract and Quit Claim Deed for this property. The City received seven bids for this property. The Right -of -Way Department recommended the approval of this sales contract and Quit Claim Deed. 118 Regular City Council Meeting September 10, 1998 Page 119 (21.) Consider Resolution No. 5990 authorizing the Mayor to approve a contract of sale and Quit Claim Deed between the City of Lubbock and Denue Nation Initiative Ministries for Lots 22, 23, and 24, Block 6, C. O. Elliston Addition to the City of Lubbock (918 Zenith Avenue, Fire Station #5). RESOLUTIOr. NO. 5990 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 of Sale, by and between the City of Lubbock and Denue Nation Initiative Ministries, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this loth day of September, 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/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 5990. This fire station at 918 Zenith Avenue was put up for bid in August and Denue Nation Initiative Ministries, Freddie Ivory, Jr., was the highest bidder at $40,001. This resolution authorizes the Mayor to execute a sales contract and Quit Claim Deed for this property. The City received six bids for this property. The Right -of -Way Department recommended the approval of this sales contract and Quit Claim Deed. (22.) Consider Resolution No. 5991 authorizing the Mayor to execute Contract No. 51905F-1004 with the Texas Department of Transportation (T xDOT) for operating assistance. 119 Regular City Council Meeting September 10, 1998 Page 120 RESOLUTION NO. 5991 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an agreement by and between the State of Texas, acting through the Texas Department Transportation, entitled State Urban Public Transportation Grant Agreement. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this loth day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ John Wilson John Wilson, General Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the State Urban Public Transportation Grant Agreement is filed with Resolution No. 5991. TxDOT is allocating $703,782 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus). The contract becomes effective October 1, 1998 and shall terminate on August 31, 1999. There is a good possibility that the City of Lubbock will receive additional funding from the State after January 1999, as much as $186,114. Acceptance of this grant will result in no additional cost to the City of Lubbock. Citibus staff recommended the approval of Contract No. 51905F-1004. (23.) Consider Resolution No. 5992 authorizing the Mayor to execute a joint funding agreement with the United States Department of the Interior —Water Resources Division of the Geological Survey. 120 Regular City Council Meeting September 10, 1998 Page 121 RESOLUTION NO. 5992 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Joint Funding for Water Resources Investigations, involving streamflow and water -quality data, such Agreement to be entered into by and between the City of Lubbock and Geological Survey of the United States Department of Interior, attached hereto and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this loth day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 5992. The City has participated in this agreement since the mid 1970's in order to acquire data on the quantity and quality of run-off near the Lake Alan Henry Reservoir site. This data station is operating with a new equipment upgrade. This new equipment allows staff to look at real time water data on the Internet. This Internet address will give a station history of up to two weeks. To fund the agreement for the current year, the City would be responsible for $14,270. This represents a cost increase of two percent from the previous year cost. This sum would be billed to the City in October 1999. Based on the need for continuous water quality data on the inflow to Lake Alan Henry, staff recommended approval of this item, and authorizes payment of the City's share at the appropriate time. (24.) Consider Resolution No. 5993 authorizing the Mayor to execute an amendment to Delta Airport Consultant's Engineering Agreement to provide design -engineering services for Touchdown/Centerline Lights on Runway 17/35 at Lubbock International Airport. 121 Regular City Council Meeting September 10, 1998 Page 122 RESOLUTION NO. 5993 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, Amendment No. 2 to the Engineering Agreement dated May 22, 1997, by and between the City of Lubbock and Delta Airport Consultants Inc., and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this loth day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of Amendment No. 2 is filed with Resolution No. 5993. During the reconstruction of the keel section of Runway 17/35, light cans and conduit were installed in the new concrete in anticipation of a future project that will add centerline and touchdown zone lights to the runway. The addition will improve takeoff minimums for aircraft during inclement weather and low visibility. Staff now recommended that staff take the next step in the process and fund the design of the touchdown/centerline lights. This contract amendment would authorize Delta Airport Consultants to develop plans and specifications for the project under an engineering agreement approved by the City Council in early 1997. Completion of the design phase for the project will put us in a better position to compete for construction funds under the Airport Improvement Program. The total cost of the proposed amendment is $44,189, which is 6.4 % of the estimated construction cost of $684,390. An independent fee analysis required by the FAA confirmed staff s finding that the proposed — fee is well within the industry standard for a project of this scope. This project will be funded from savings realized during the construction phase of the keel section reconstruction project. Ninety percent of the funds would come from the FAA's Airport Improvement Program, while the ten percent local match would come from the Passenger Facility Charge Program. 122 Regular City Council Meeting September 10, 1998 Page 123 The Airport Board has reviewed and approved this amendment. Staff also recommended approval. (25.) Consider Resolution No. 5994 authorizing the Mayor to execute the necessary SFY 1999 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL). RESOLUTION NO. 5994 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 six (6) Interlibrary Loan Center Grant and Library System Operation Grant Agreements by and between the Texas State Library and Archives Commission and the City of Lubbock, and all related documents. 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 loth day of September, 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 APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 5994. The West Texas State Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries that are members of the system. Also, the system encourages the establishment of public libraries in communities that do not have library service. At the end of the current state fiscal year (SFY98), 34 libraries qualified for membership. The Lubbock City -County Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1,1974. This year is the 25th annual such contract renewal. 123 Regular City Council Meeting September 10, 1998 Page 124 As the Major Resource Center, the Lubbock City -County Library also serves as the headquarters for the Interlibrary Loan Grant Program (ILL). The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. These two programs are fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library contracts with the City of Lubbock and Lubbock City -County Library for housing of staff and implementation of the service program components. The City of Lubbock will receive compensation of 9.03 % of direct charges to reimburse the cost of fiscal administration of the grant. For administrative purposes, the Texas State Library divides the system grant into two contracts. The total value of the two is $426,685. Contract #470-99009 is for $414,085 and deals with personnel and fringe benefits, travel, equipment, and other contractual obligations, as well as associated indirect charges. Contract #470-99010 is for $12,600 and deals with supplies and their indirect charges. The ILL Grant Contract #771-99022 is for $59,412. Staff recommended that the Mayor be authorized to execute the necessary contract documents provided in the resolution document and associated documents with the Texas State Library. (26.) Consider Resolution No. 5995 authorizing the Mayor to execute for and on behalf of the City of Lubbock a First Amendment to Municipal Main Extension, Gas Transportation and Pipeline Operation and Maintenance Agreement by and between the City of Lubbock, d/b/a Lubbock Power and Light, and Energas Company. RESOLUTION NO. 5995 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 First Amendment to Municipal Main Extension, Gas Transportation and Pipeline Operation and Maintenance Agreement by and between the City of Lubbock, d/b/a Lubbock Power & Light and Energas Company, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 124 Regular City Council Meeting September 10, 1998 Page 125 Passed by City Council this loth day of September, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell - Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of First Amendment is filed with Resolution No. 5995. The original agreement, which was effective January 8, 1998, between Lubbock Power and Light and Energas was to require Energas to extend gas transportation and pipeline operation and maintenance to the new J. Robert Massengale Plant. Lubbock Power and Light will not be ready to receive gas transport through this extension until on or about July 1, 1999. This amendment provides extended time to allow for the construction completion of the gas pipeline. In addition, this amended agreement will release Energas from any obligations under the original agreement concerning the operation and maintenance of the Lubbock Power and Light pipeline once construction is complete. Staff recommended that the City Council approve the recommended amendment. (27.) Resolution No. 5996/Bid #98132--Furnish and Install Vehicle Wash System at Citibus (Citibus) RESOLUTION NO. 5996 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 Caravelle Industries of Chatham, VA to install and furnish all materials and services as bid for the Vehicle Wash Systems. 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. 125 Regular City Council Meeting September 10, 1998 Page 126 Passed by City Council this loth day of September, 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 /s/ William de Haas William de Haas, Competition and Contracts Manager CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of September, 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 Caravelle Industries, Inc., of the City of Chatham, County of Pittsylvania, and the State of Virginia, 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 #98132 - FURNISH AND INSTALL VEHICLE WASH SYSTEM AT CITIBUS - $79,875.00 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. 126 Regular City Council Meeting September 10, 1998 Page 127 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ John Wilson Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Julie Reynolds CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Caravelle Industries, Inc. By: /s/ Jon Roncaglione PRINTED NAME: Jon Roncaglione TITLE: Chairman COMPLETE ADDRESS: Caravelle Industries, Inc. P. O. Box 989 Chatham, Virginia 24531 This bid is for the purchase and installation of a vehicle wash system that will be located at the Citibus facility. This bid is also for the removal of the existing wash system. The new wash system will have the capacity to wash the current Citibus fleet which includes buses, low floor vans, automobiles, trucks, minivans and trolleys. The Federal Transit Administration (FTA) will provide 80 % of the funding and the City of Lubbock will provide the remaining 20%. The Citibus budget amount for this item is $80,000. The low bid is $79,875 from Caravelle Industries, Inc. of Chatham, Virginia. (28.) Resolution No. 5997/Bid #98170--Park Drainage Improvements (Street Drainage Engineering) RESOLUTION NO. 5997 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 Birchwood Construction, Inc. of Lubbock, TX to install and furnish all materials and services as bid for the Park Drainage Improvements. 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. 127 Regular City Council Meeting September 10, 1998 Page 128 Passed by City Council this loth day of September, 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, Competition and Contracts Manager CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of September, 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 Birchwood Construction, Inc., of the City of Levelland, County of Hockley, 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 #98170 - 82nd Street, Kings Park and Casey Park Drainage Improvements - $224,260.00 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. 128 Regular City Council Meeting September 10, 1998 Page 129 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/ Larry D. Hertel 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: Birchwood Construction, Inc. By: /s/ Scott Michaels PRINTED NAME: Scott Michaels TITLE: Vice President COMPLETE ADDRESS: Birchwood Construction, Inc. PO Box 8241 Levelland TX 79338 This project is for drainage improvements at three locations within the city. Part one of the project will eliminate a longstanding nuisance water problem on 82nd Street at Jan Jennings Park. A storm sewer system will be installed to remove nuisance runoff water from 82nd Street. This construction will have no effect on the annual operating budget; however, lower maintenance costs will be incorporated since patching, etc., will be eliminated. Part two of the project is for the installation of a concrete drainage channel in Kings Park. This construction will have no effect on the annual operating budget; however, lower maintenance costs will be incorporated since grading, etc., will be eliminated. Part three of the project is for the installation and reconstruction of concrete drainage channels in Casey Park. This construction and reconstruction will have no effect on the annual operating budget; however, lower maintenance costs will be incorporated since grading, etc., will be eliminated. The budget amount for the entire project is $230,000. The funding for parts one and two (82nd Street and Kings Park Drainage Improvements) will come from Street Systems Improvements. The funding for part three (Casey Park Drainage Improvements) will come from Stormwater Systems Improvements. The additional $30,930 will come from Stormwater Capital Projects. The low bid is $222,985 from Birchwood Construction, Inc., of Levelland, Texas. (29.) Bid #98172--4" Propeller Type Water Meters (Water Treatment) 129 Regular City Council Meeting September 10, 1998 Page 130 This bid is for the purchase of 80 propeller type water meters to be installed at the Bailey County Well Field. These meters will replace old worn out meters. The meters are used to maintain an accurate account of water production from the water wells located in Bailey County as required by the Texas Natural Resource Conservation Commission. The bid from McCrometer of Hemet, California was 3.2% lower than the bid recommended by staff. However McCrometer's bid was considered non -responsive due to their failure to comply with the specifications to include manufacturer's warranty, parts price list, and an affidavit of compliance for each type or brand of meter. However, if McCrometer's bid had been in compliance, the State of Texas reciprocal preference law would have caused the City to add five percent to McCrometer's bid due to the State of California's local preference law that gives a five percent preference to resident bidders. The Capital Improvement budget amount is $80,000. The low bid is $63,560 from Western Industrial Supply Co. of Lubbock, Texas. (30.) Bid #98181--Electrical Cable (Central Warehouse) This bid is for the purchase of underground cables rated 600V. These cables will be used to provide underground secondary electric services to various projects including new subdivisions and new commercial projects as well as for maintenance of existing systems. The Underground Distribution Capital Project budget amount for this item is $53,000. The low bid is $52,260 from Temple, Inc. of Lubbock, Texas. (31.) Resolution No. 5998/Bid #98182--Taxiway Shoulder Improvements at Lubbock International Airport (Aviation) RESOLUTION NO. 5998 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 Williams & Peters Construction Company, Inc. of Lubbock, TX to install and furnish all materials and services as bid for the Taxiway Shoulders Improvements. 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. 130 Regular City Council Meeting September 10, 1998 Page 131 Passed by City Council this loth day of September, 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, Competition and Contracts Manager CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of September, 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 Williams & Peters Construction, 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 #98182 - Taxiway Shoulders Improvements at Lubbock International Airport - $4,970,330.00 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. 131 Regular City Council Meeting September 10, 1998 Page 132 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/ Quentin Thomas Owner's Representative APPROVED AS TO FORM: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Williams & Peters Construction By: /s/ Dean Williams /s/ William de Haas City Attorney PRINTED NAME: Dean Williams TITLE: President ATTEST: Corporate Secretary COMPLETE ADDRESS: Williams & Peters Construction /s/ Betty L. Williams PO Box 3907 Lubbock TX 79424 This project consists of constructing paved shoulders on all carrier taxiways at Lubbock International Airport. In addition, the last sections of the airfield perimeter Aircraft, Rescue, and Fire Fighting (ARFF) roads will be constructed with new sections near the Airport Maintenance Building and ARFF facility and west of the threshold of Runway Eight. Miscellaneous airfield lighting and signage improvements are included which will complete airfield edge lighting and signage upgrades to meet current Federal Aviation Administration criteria and to address certification inspection and operational concerns. Other related items of work include construction period storm water pollution prevention measures, joint sealing, pavement marking, drainage improvements, fencing adjustments, roadway signs, etc. This project is intended to complete phased construction of paved shoulders for the airport and to complete the airfield perimeter ARFF roadway system. Improvements to the airfield lighting and signage system will replace existing signs that are problematic and exhibit significant maintenance concerns and costs. Base -mounted taxiway edge lights will be replaced where needed to accommodate the new paved shoulder grades and to improve drainage of condensate from the closed conduit system. Funding for this project consists of $5,118,806, which includes $784,622 from the 1998/99 Airport Improvement Program Entitlement grant #20 and Passenger Facility Charge revenues of $4,334,184. The engineer's estimate of probable cost was $5,118,806. The low bid is $4,970,330 from Williams and Peters Construction Company, Inc. of Lubbock, TX. 132 Regular City Council Meeting September 10, 1998 Page 133 (32.) Resolution No. 5999/Bid #98207--Maintenance and Service for Tiburon Software (Information Technology) RESOLUTION NO. 5999 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 Tiburon, Inc. of Fremont, California for maintenance and service for Tiburon Software, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this loth day of September, 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, Competition and Contracts Manager A copy of the Contract is filed with Resolution No. 5999. Tiburon Software was installed in 1985 for the Police Records department. The only source of maintenance for this software is from Tiburon. The Information Technology -Maintenance Other account budget amount is $50,000. The cost for the contract is $49,148 from Tiburon, Inc. of Fremont, California. 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 (33.) Ordinance No. 10093/Zone Case No. 2825 (1600 Avenue J): Request of Titan Towers, LP for zoning change from C4 to C4 Specific Use for a tower on the west half of Lots 6-8, Block 197, Original Town Addition (second and final reading). 133 Regular City Council Meeting September 10, 1998 Page 134 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. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10093 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC HEARINGS (34.) Zone Case No. 2817 (2908 Colgate): Continuance of public hearing to consider the request of Community Development Department (for the Urban Renewal Agency of the City of Lubbock) for zoning change from C-3 to R-1 on Lots 35 and 36, Block 1, Maddox Addition. The public hearings for Items No. 34 and 35 were held in conjunction with each other. Mayor Sitton opened the public hearing at 11:36 a. m. Rick Wardroup, Attorney at Law; Connie Chavez; Natalia Salazar, President of the Arnett -Benson Neighborhood Association; and Norma Pena spoke in favor of the zoning change. Ted Hogan spoke in opposition. Mayor Sitton closed the hearing at 12:02 p. in. An historical perspective: The Maddox Addition was platted in a series of recorded documents from 1924 to 1941, all while outside the city limits of Lubbock. The first zoning ordinance was adopted in 1942, and this area was annexed in 1946. The lots that face Colgate were zoned C-3 prior to 1974 with the home on Lots 35 and 36 in place. The lots facing Detroit were zoned C-2 in 1974 and adjusted as C-2 Specific Use for a convenience store with gas pumps in 1991. Adjacent land uses: North - residential South - residential East - commercial West - commercial The Comprehensive Land Use Plan has an entry under commercial development: "A small neighborhood shopping area may be permitted at the center of a square mile of residential development with proper site planning." The C-1 District is a part of the Code to provide mom and pop neighborhood services, although current practice does not make use of this choice in newly developing areas. In today's shopping environment it is hard for these small business establishments to thrive. It is the opinion of the staff that the Plan statement of policy does not anticipate either open C-3 nor the full convenience store zoning that exists on this block, but rather the less intense uses contemplated in C-1 (grocery stores - no gas, repair shops, self laundry, dance, art studios and barber/beauty shops). Nonetheless, the north block face of Colgate from Elgin to Detroit is zoned C-3/C-2 Specific Use. 134 Regular City Council Meeting September 10, 1998 Page 135 The current and previous Comprehensive Land Use Plans do not illustrate the commercial area under discussion, probably because the small size escaped attention during construction of the document. The Urban Renewal Area No. 7 plan does indicate commercial. The plans for Urban Renewal target areas are much more precise than the Comprehensive Land Use Plan, having been built on a lot by lot basis. As noted, a single-family unit is non -conforming with the existing C-3 zoning made non -conforming when the block face was rezoned. The Community Development Department filed this zone case to assist the homeowner to have a new residence to replace the existing deteriorated home. To meet the federal guidelines the zoning must be correct, not non -conforming. The owner of the five lots west of the home as well as the convenience store parcel on the east, would like to eventually "unify" (acquire all of the property) on the block face for commercial service. Efforts to trade a home elsewhere (zoned correctly and meets the criteria for replacement by the HUD program) for the home on the C-3 parcel apparently have failed. This individual spoke at length about several issues: 1. The theory of nonconforming is based on the fact that existing uses are allowed to continue for the life of a building, but the hope is that eventually age and market will cause the out -of - context use to go away. His concern is that a new home on this parcel will defeat this intent. 2. He contended that the family would be better off in a home not sandwiched in a commercial area. The daughter of the proponent responded that the family is adamant about remaining on this particular parcel. They are used to the business activity in the area and like the location. Urban Renewal law requires that the Planning Commission and Urban Renewal Board make a recommendation to the City Council for any proposed change. The Urban Renewal Board approved this proposal in March 1998 (see resolution). Consideration and potential approval of the zone case by the Planning and Zoning Commission constitutes their approval of the Urban Renewal Plan change. Thus, the dilemma. Should a break in the commercial zoning and existing Urban Renewal Plan be approved to accommodate a new home and the stated desires of the homeowner, who is supported by the President of the Neighborhood Association, or should the Council stick with the existing zoning and Plan and have an old home not replaced? As noted earlier, the existing conditions in the vicinity (the mix of residential and commercial) would not measure up to a "properly site planned" neighborhood commercial area as envisioned in the Comprehensive Plan. The decision should hinge on whether or not staff wants to accommodate the homeowner or encourage eventual conversion of the home to commercial. The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments and advised the Council that a full affirmative vote would need to be the final vote to uphold the recommendation. 135 Regular City Council Meeting September 10, 1998 Page 136 The staff supported the recommendation of the Planning and Zoning Commission. (35.) Continuance of public hearing to consider a proposed ordinance amending Urban Renewal Plan No. 7 from existing Commercial Land Use to Residential on existing residential property at 2908 Colgate Street in the Arnett Benson Urban Renewal Area. This item was presented by Randy Henson in conjunction with Zoning Case No. 2817 (2908 Colgate). The Community Development Department is requesting that the Urban Renewal Land Use be changed from Commercial to Residential and that the City's Zoning be revised from Commercial (C-3) to Residential (R-1) on the subject property legally described as Lots 35 and 36, Block 1, Maddox Addition. The owner -occupant, Salvador Veracruz, applied for the City's Housing Reconstruction Program to have his existing home demolished and a new home built. A building permit cannot be issued with the existing zoning and land use. The proposed amendment was approved by the Urban Renewal Board of Commissioners on March 24, 1998. The Planning and Zoning Commission approved the zone change on June 4, 1998 and the Arnett Benson Neighborhood Association's President, Natalia Salazar, spoke in favor of the request. On June 25, 1998 the City Council approved a public hearing date of August 13, 1998 at 4:00 p.m. Notices of said Public Hearing were given as required under the Urban Renewal law of the State of Texas on July 7, 1998, July 18, 1998 and August 2, 1998. The Planning and Zoning Commission recommended approval of the request. Both the Community Development and Planning Departments recommended approval of the proposed amendment and zoning change. 12:02 P. M. COUNCIL RECESSED FOR LUNCH 1:33 P. M. COUNCIL RECONVENED Items No. 34 and 35 were revisited following Council reconvening. Both items failed due to lack of a motion. Regular City Council Meeting September 10, 1998 Page 137 1:35 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Ince made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 6 Yeas,O Nays. WINDY SITJbN, MAYOR ATTEST: /� I �' u Kay . Darnell, City Secretary Read and approved this day of 1998. A EST: /Q—L, A(txvc Kay Darnell, City Secretary ?/, .�� �� -Z�� WINDY b_ . 137