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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/25/1994AUGUST 25, 1994 Page 495 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 25, 1994 3:00 P.M. The City Council of the City of Lubbock, Texas, met in regular session on the 25th day of August 1994 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 3:00 P.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 3:05 P.M. ( 1.) The Invocation was given by John C. Ross, Jr., City Attorney. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Mayor David R. Langston proclaimed August 25, 1994, as "Caprock Home Health Day," in recognition of Marciano Morales' business being named "Corporation of the Year" by the Texas Association of Mexican American Chambers of Commerce. Caprock Home Health Services Inc. was named "Corporation of the Year" by the Texas Association of Mexican -American Chambers of Commerce. The owner, Marciano Morales, is an active member of the Lubbock business community, has served on several City boards and commissions, and has served on the President's Council at Texas Tech University. He has been an advocate and supporter of Lubbock's Hispanic community's interests. The Mayor and Councilmember Hernandez recommended Marciano Morales and Caprock Home Health Services for the "Corporation of the Year Award." ( 4.) Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the minutes of the August 8, 1994, Special City Council Meeting and the August 11 , 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 5.) Consider Resolution #4581 authorizing the Mayor to execute a ioint funding agreement with the United States Department of the Interior - Geological Survey Water Resources Division for monitoring the Double Mountain Fork of the Brazos River. RESOLUTION #4581 BE IT RESOLVED BY THE CITY COUNCIL C: 1HE 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 herewith, 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. AUGUST 25, 1994 Page 496 Passed by the City Council this 25th day of August, 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Interim Director of Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ David R. Lan , sg ton DAVID R. LANGSTON, MAYOR The Department of the Interior Geological Survey Joint Funding Agreement for Water Resources Investigations between the Geological Survey, United States Department of the Interior and the City of Lubbock is filed with Resolution No. 4581. This is an annual joint funding agreement between the City of Lubbock and the United States Geological Survey for the period of October 1, 1993, to September 30, 1994. In the past this joint agreement covered the cooperative water resource investigation program for water quality and stream flow data collection at two stations on the Brazos River, one near Post, Texas, and the other near Justiceburg, Texas. City staff no longer sees a benefit to participate in the funding of the station near Post and therefore has asked to have the contract amended to exclude this station. The station near Justiceburg will continue to yield valuable information as to the quantity and quality of inflow for the future Lake Alan Henry. The City would be responsible for $13,020.00 to participate in the agreement for the above stated period. Staff recommended approval of this item. Billing for the work authorized by this agreement is scheduled by October 1994. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4581 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (6.) Consider the price and condition of sale of parcel number 15760-17-200 at 2628 Fir Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency In Alan B. Dyess and Gregory Williams, dba Western Development Corporation, Inc., for $400. The proposed development is a new 1,460 square foot single-family residence valued at $49,950. The land is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area adopted by the Urban Renewal Board of Commissioners on August 15, 1989. The Housing Rehabilitation Section staff recommended approval. AUGUST 25, 1994 Page 497 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the price and condition of sale of parcel as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (7.) Consider the price and condition of sale of parcel number 33500-14-40 at 109 Avenue M in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Alan B. Dyess and Gregory Williams, dba Western Development Corporation, Inc., for $1,200. The proposed development is a new 1,460 square foot single-family residence valued at $52,950. The land is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Housing Rehabilitation Section staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the price and condition of sale of parcel as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (8.) Consider the price and condition of sale of parcel number 33500-20-10 at 1005 2nd Place, parcel number 33500-20-20 at 1007 2nd Place and parcel number 33500-20-30 at 1009 2nd Place in the Guadalupe Area This is a routine sale of property by the Urban Renewal Agency to Alan B. Dyess and Gregory Williams, dba Western Development Corporation, Inc., for $1,200. The proposed developments are for three new 1,460 square foot single-family residences each valued at $49,950. The land is properly zoned. These proposed sales are submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Housing Rehabilitation Section staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the price and condition of sale of parcel as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (9.) Consider an amendment to the Community Development Adviso Committee Resolution (amended by Resolution Nos 188, 996 and 2034) to reorganize the Community Development Advisory Committee by increasing to two representatives each from the elderly and the disabled populations, establishing subcommittees, and appointing ea-officio members RESOLUTION #4582 WHEREAS, a Community Development Advisory Committee was created by the City Council of Lubbock, November 13, 1974, by Resolution, which has been amended by Resolutions No. 188, 823, 996, and 2034; and WHEREAS, the goals and policies established by the Lubbock City Council for the fiscal year 1993-94 recommend evaluating the current makeup of the community Development Advisory Committee; and WHEREAS, the Community Development Advisory Committee has recommended that two representatives from the elderly population and two representatives from the disabled population should be appointed just as two representatives are appointed from each for the six sectors; and AUGUST 25, 1994 Page 498 WHEREAS, the Community Development Advisory Committee has recommended that ex-officio members be appointed to add relevant expertise to subcommittees in the areas of marketing, special issues, program and fiscal review, and economic development/loan review; and WHEREAS, the City Council of the City of Lubbock finds that it is in the best interests of the citizens of the City of Lubbock to restructure the Community Development Advisory Committee; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Community Development Advisory Committee shall be composed of a Chairman; twelve (12) citizens representing six (6) City Sectors to include two (2) citizens from each Sector; two persons from the elderly population; and two persons from the disabled population; for a total of seventeen (17) members, all of who shall be appointed by the Mayor and the City Council. Members shall serve two-year staggered terms, expiring June 1, with all members eligible for reappointment. THAT the Mayor and City Council shall also appoint as ex-officio, non voting members of the Community Development Advisory Committee the president of the Lubbock United Neighborhood Association and one representative from each Target Neighborhood(s). The Target Neighborhood representative(s) will commence their term(s) after the Target Area(s) are approved by the City Council and their term(s) will officially end when their neighborhoods cease to be targeted areas. THAT four standing subcommittees of the Community Development Advisory Committee shall be created in the areas of Marketing, Economic Development, Special Issues, and Program and Fiscal Review. Membership in these subcommittees shall be composed of Community Development Advisory Committee members, Ex-Officio members, and non voting individuals with relevant expertise who are appointed by the Community Development Advisory Committee. Passed by the City Council this 25th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sylvia A. Martinez -Flores Sylvia A. Martinez -Flores, Manager Community Development/Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney The goals and policies established by the City Council for the fiscal year 1993- 1994 included a recommendation to evaluate the current makeup of the Community Development Advisory Committee (CDAC). Two considerations were the inclusion of low to moderate income representatives and representatives AUGUST 25, 1994 Page 499 with relevant expertise. The CDAC includes a membership of two representatives from each sector, one through six, with the chair being appointed by the Mayor. Representatives from the disabled and elderly populations are also retained. Members serve two-year staggered terms, expiring June 1, with all members eligible for reappointment. The CDAC meets once a month with additional meetings called as needed. The CDAC subcommittee reviewed the makeup issue and developed several proposals and recommended the following: y The CDAC would retain a membership of two representatives from each sector, one through six, appointed by the City Council with the chair being appointed by the Mayor. Two representatives from the disabled and elderly population would also be appointed. This would total seventeen voting board members. Members would continue to serve two-year staggered terms, expiring June 1, with all members eligible for reappointment. Subcommittees would be added and include the following: marketing, special issues, program and fiscal review, and economic development/loan review. To include relevant expertise, three or more ex-officio members, such as the LUNA president and citizens from targeted areas, would be asked to assist with the targeting and proposal review and would be asked to serve on subcommittees as needed. City staff concurred with the CDAC recommendation. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4582 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) Consider Ordinance #9723 abandoning and closing portions of two alleys located in Section 4. Block 0 (2202 Idalou Road) ORDINANCE #9723 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEYS: TWO (2) FIFTEEN FOOT ALLEYS LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, BLOCK O, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes the north -south and east -west 15-foot alleys adjacent to Lot 1, Zahn Addition, which is located west of Vanda Avenue and north of Idalou Road. This area is being closed for replatting purposes. The total area of the two alleys being closed is 5,300 square feet. These alley areas will remain as utility and drainage easements. Valuation of these alley areas being closed is as follows: 5,300 sq. ft. x 19.470 per sq. ft. (LCAD value) = $1,031.91. Because the alley areas will remain as easements and cannot be built over, the Right -of -Way Department values this area being closed at 50 percent of $1,031.91 or $515.96. All utilities are in agreement and the final plat has been submitted. The Right -of -Way Department recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9723 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. AUGUST 25, 1994 Page 500 (11.) Consider Ordinance #9724 abandoning and closing a 30-foot access easement located in Section 28,, Block E-2 (5702 Spur 327). ORDINANCE #9724 AN ORDINANCE ABANDONING AND CLOSING A 30 FOOT ACCESS EASEMENT LOCATED IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS AND RECORDED IN VOLUME 3237, PAGE 122 OF THE OFFICIAL REAL PROPERTY RECORDS OF 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 30-foot access easement located along the west side of Lot 3, Village Center Addition. This easement fronts on Spur 327 just east of Frankford Avenue and is being closed for platting and development purposes. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9724 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution #4583 amending Resolution No 4256, to empower the City Manager or his designee to approve routine contracts for goods and services involving the receipt of $15,000 or less that are executed on standard City contract forms or in a form approved by the City Attorney. RESOLUTION #4583 WHEREAS, the City Council of the City of Lubbock enacted Resolution No. 4256, September 9, 1993, empowering the City Manager or his designee to approve routine contracts for goods and services involving an expenditure of $15,000.00 or less that are executed on standard City contract forms approved by the City Attorney; and WHEREAS, the City Council of the City of Lubbock believes that this authority should be extended to include contracts for goods or services involving receipt of $15,000.00 or less; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT City of Lubbock Resolution No. 4256 is amended to read as follows: "The City Manager of the City of Lubbock or his designee is hereby authorized and directed to approve routine contracts for goods and services involving an expenditure or the receipt of $15,000 or less that sre executed on standard City contract forms or in a form approved by the airy Attorney. AUGUST 25, 1994 Page 501 Passed by the City Council this 25th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney Resolution No. 4256, enacted September 9, 1993, empowered the City Manager or his designee to approve routine contracts for goods and services involving an expenditure of $15,000 or less that are executed on standard City contract forms or in a form approved by the City Attorney. This amendment to Resolution #4256 would allow the City Manager to also approve contracts involving the receipt of $15,000 or less. This authorization is limited to contracts on standard City contract forms or in a form approved by the City Attorney. The City Attorney's office recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4583 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #4584 authorizing an Airport Advertising Display Agreement Form for use as a routine contract for advertising display leases at the Lubbock International Airport RESOLUTION #4584 WHEREAS, the City Council of the City of Lubbock enacted Resolution No. 4256, September 9, 1993, empowering the City Manager or his designee to approve routine contracts for goods and services involving an expenditure of $15,000.00 or less that are executed on standard City contract forms approved by the City Attorney; and WHEREAS, the City Council of the City of Lubbock enacted Resolution No. 4584, to amend Resolution No. 4256, to include contracts for goods or services involving receipt of $15,000.00 or less; and WHEREAS, the City Attorney has prepared a form contract for advertising at Lubbock International Airport entitled "Airport Advertising Display Agreement", a copy of which is attached hereto as Exhibit A; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached contract entitled "Airport Advertising Display Agreement" is approved for use as a routine contract for advertising display leases at Lubbock AUGUST 25, 1994 Page 502 International Airport. Said form is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Interim Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Airport Advertising Display Agreement form is filed with Resolution No. 4584. The airport terminal advertising displays located throughout the passenger terminal are displayed under written agreements with the advertiser and the airport. The agreements are normally for a one-year term; however, agreements for shorter terms may be written upon client request. During the last six months airport staff has been working with the Airport Board to develop the advertising program and to review the basis on which advertising is offered. As a part of this review, the advertising contract form was submitted to the City Attorney's office for a legal review. Upon recommendation of the City Attorney's office, the form was revised to include language for the signature authority for the Director of Aviation. The Airport Board reviewed the new advertising contract form and voted unanimously to recommend to the City Council the approval of this contract. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4584 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution #4585 authorizing the Mayor to execute a tax abatement agreement with Mr. Gordon W. Davis. dba Creative Educational Video. Inc (located at 1020 S.E. Loot) 2891 RESOLUTION #4585 BE IT RESOLVED BY THE CITY COUNCEL 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 and all related documents by and between the City of Lubbock and Creative Educational Video, Inc.for commercial tax abatement, which agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. AUGUST 25, 1994 Page 503 Passed by the City Council this 25th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Agreement between the City of Lubbock and Creative Educational Video, Inc. is filed with Resolution No. 4585. Mr. Gordon Davis, dba Creative Educational Video, Inc., applied for Commercial Tax Abatement in the South Enterprise Zone on an existing building located at 1020 S.E. Loop 289. Creative Educational Video is a Lubbock based corporation that produces and markets educational materials nationwide. The corporation plans to renovate an existing facility which is valued at $207,478 with a land value of $91,835. Estimated cost for facilities improvements is $179,000. Current annual sales for C.E.V., Inc. are $1,350,000 and currently provides 21 jobs and plans to add an additional five jobs within one year. On August 11, 1994, Council adopted Resolution #4580 giving Notice of Intent to enter into a tax abatement agreement with Mr. Gordon W. Davis, dba Creative Educational Video, Inc. ' Staff recommended approval of the contract for five-year tax abatement. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4585 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution #4586 authorizing the Mayor to execute a tax abatement agreement with Mr. Ronald E. Thompson. dba Avenue H Properties (located at 1807 Avenue H). RESOLUTION #4586 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 and all related documents by and between the City of Lubbock and Avenue H Properties, for commercial tax abatement, which agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. AUGUST 25, 1994 Page 504 Passed by the City Council this 25th day of August, 1994. /s/ David R Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Agreement between the City of lubbock and Avenue H Properties is filed with Resolution No. 4586. Ronnie Thompson, dba Avenue H Properties, has made application for Commercial Tax Abatement in the North Enterprise Zone. Mr. Thompson plans to renovate an existing building located at 1807 Avenue H in the Depot District for the purpose of operating a restaurant and brewery. The project requires interior demolition and complete renovation of the building at 1807 Avenue H. Mr. Thompson estimates that plumbing, electric, roofing and interior finish costs will be $225,000, and cost for furnishings will be $75,000. The current assessed land value is $11,375; the building value is $6,700. Mr. Thompson estimates that the new restaurant will create approximately 45 new jobs. On August 11, 1994, Council adopted Resolution #4579 giving Notice of Intent to enter into a tax abatement agreement with Mr. Ronald E. Thompson, dba Avenue H Properties. Staff recommended approval of the contract for five-year tax abatement. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4586 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider Resolution #4587 authorizing the Mayor to execute Amendment #2 to a contract between the City of Lubbock and the Texas Natural Resource Conservation Commission (TNRCCI for the Clean Cities 2000 grant. RESOLUTION #4587 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 Interlocal Contract Amendment No. 2, Contract #3100000042, and all related documents by and between the City of Lubbock and Texas Natural Resource Conservation Commission for the Clean City 2000 Recycling Implementation Contract, 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. AUGUST 25, 1994 Page 505 Passed by the City Council this 25th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ramirez Lee Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Interlocal Contract between the City of Lubbock and the Texas Natural Resource Conservation Commission is filed with Resolution No. 4587. On November 23, 1992, the City of Lubbock and the Texas Water Commission entered into a contract that allowed the City of Lubbock to be the performing party for the Clean Cities 2000 Program, the purpose of which is to develop environmental partnerships with local governments to create, promote and support comprehensive environmental programs at the local level across the State of Texas. This original contract ended on September 30, 1993. On November 2, 1993, Council authorized Amendment #1 to this contract, which extended the end date of the original contract to December 31, 1993, and changed the contracting party from the Texas Water Commission to the Texas Natural Resource Conservation Commission. Amendment #2 makes the following minor changes to the original contract: Contract ending date is extended to August 31, 1994 2. Deletes paragraph E of Attachment A, Section VIII of the Contract (relating to Transfer of Grant Funds). 3. Replaces Attachment B, Article 4 with new language. This is in reference to the final financial status report. 4. Modifies Attachment E, Approved Program Design, which reflects deletions and additions to the City of Lubbock's originally proposed program. 5. Section (a) of Attachment C, Article 13 of the Contract changes the TNRCC Authorized Representative from Susan Kade- -a to Mark Evarts. Staff recommended that Council authorize the Mayor to execute Contract Amendment #2 of the Clean Cities 2000 Recycling Grant between the City of Lubbock and the Texas Natural Resource Conservation Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4587 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. AUGUST 25, 1994 Page 506 (17.) Consider Resolution #4588 authorizing the Mayor to execute the necessary contract documents with the Texas State Library and Archives Commission to support the West Texas Library System (WTLS), the Interlibrary Loan Grant Program (ILL), and the Maior Urban Resource Libraries (MURL) Grant Program. RESOLUTION #4588 WHEREAS, the City of Lubbock annually contracts with the Texas State Library for various grants in support of its role as a Major Resource Center in the West Texas Library System; and WHEREAS, such grants serve to improve and expand the program of the Lubbock City -County Library; 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 the following named grant contracts and associated documents with the Texas State Library: (a) Urban Library Aid Contract (Contract No. 529.13); (b) Contract for Library System Services (Contract No. 522.9); (c) Contract for Library System Services (Contract No. 523.9); (d) Contract for Interlibrary Loan Services (Contract No. 525.7); Said contracts, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of August, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Contract for Library Systems Services between the Texas State Library and Archives Commission and the City of Lubbock is filed with Resolution No. 4588. The West Texas Library System (W LS) is a state funded grant program designed to improve library service programs in a 29 county area of West Texas. WTLS is one of the 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 which are members of the System. Also, the system encourages the establishment of public libraries in communities which do not have library services. At the end of the current state fiscal year (SFY94) 33 libraries were qualified for membership. This number will increase to 34 libraries during SFY95. AUGUST 25, 1994 Page 507 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 21 st annual such contract renewal. As the Major Resource Center the Lubbock City -County Library also serves as the headquarters for the ILL and MURL grant programs. 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. The MURL grant is provided to all cities in the United States with populations over 100,000. It enhances local collections to better serve the information needs of persons residing outside Lubbock County but who rely on Lubbock City -County Library to be their regional information center. These three 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, 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 percent 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 (2) contracts. The total of the two are $428,429. Contract #522.9 is for $307,828 and #523.9 is for $120,601. The ILL grant Contract #527.7 is for 60,374. The MURL grant Contract #529.13 is for $17,196. 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4588 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution #4589 authorizing the Mayor to execute a contract for a Third Party Administration of the Multivestor Savings Plan RESOLUTION #4589 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for an Employee Benefit Plan Service by and between the City of Lubbock and The Alliance Benefit Group of Texas, Inc. attached hereto, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary AUGUST 25, 1994 Page 508 APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Alliance Benefit Group of Texas, Inc. Employee Benefit Plan Service Agreement is filed with Resoltuion No. 4589. On April 1, 1980, the City of Lubbock entered into a contract with Aetna Life & Casualty for the recordkeeping of the multivestor savings plan. Multivestor is a savings plan in which employees can elect to contribute 1 to 5 percent of their salary to an Aetna interest bearing account. This contract is renewed annually until August 31, 1994. Because Aetna will discontinue their recordkeeping system on August 31, 1994, it is necessary to hire a third -party administrator to perform the recordkeeping for the multivestor savings plan. The Alliance Benefit Group will perform the recordkeeping services for the multivestor plan for an administration fee of $2.00 per month per participant, plus $10.00 a year for those participants who have the Lifevestor policy. Alliance Benefit Group fees will be paid by the participants. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4589 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) RFP #12898--Telecommunications Invoice Audit Services, and authorize same (Communications Services) RESOLUTION #4590 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 and all related documents by and between the City of Lubbock and Phone Billing Examiners (PBX), for telephone bill audit, inventory, and consulting services for the City of Lubbock, which agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR '_TTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary AUGUST 25, 1994 Page 509 APPROVED AS TO CONTENT: /s/ Lou Prothro Lou Prothro, Telecommunications Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Service Agreement (Proposal II) between Phone Billing Examiners and the City of Lubbock is filed with Resolution No. 4590. The City of Lubbock spends in excess of $1 million annually for telephone related services. This includes a wide range of services such as telephone lines, special circuits for data transmission, radio circuits, directory listings, yellow page listings, long distance service, equipment repair and installation, and mobile telephone services. To ensure that the City is not being overbilled, an RFP requesting competitive responses for providing telephone invoice audit services was issued. Two responses were received. A committee reviewed the responses and personally interviewed representatives of both firms. Both have had experience in telecommunications auditing. However, the committee unanimously agreed that Phone Billing Examiners more closely met the requirements of the RFP. They have the experience, staff and expertise necessary to perform the audit. The RFP response provides the optimum benefit to the City based on our analysis and evaluation. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4590 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) RFP #12997 -- Mobile Phone Service and Eguiament (Communications Services). Southwestern Bell Mobile Systems, Lubbock, TX. The City of Lubbock utilizes 157 mobile telephones in conducting business. Mobile phone air time costs range from approximately $90,000 to $120,000 per year. RFP # 12997 requested competitive responses for providing mobile telephone equipment and air time services. One response was received from Southwestern Bell Mobile Systems, Inc. The one response was compared to the City's existing service rates and to commercially available rates of another provider that did not respond. The RFP response provided the optimum benefit to the City based on our analysis and evaluation. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton'to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) BID #12993--Creosote Wood Poles - Annual Pricing (Central Warehouse) International Paper Company --Total Bid. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. AUGUST 25, 1994 Page 510 (22.) BID #13020--Runway Marking Paint (Airport). Centerline Supplies--2,000 GL White, Traffic Marking Paint. Glidden Paint--900 GL Yellow, Traffic Marking Paint; 150 GL Black, Traffic Marking Paint. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) BID #13021--Electric Meters (Electric Distribution). Techline, Inc.--288 Ea. 240 Volt, 3 Wire, Single Phase Electric Meter. Cummins Supply--60 Ea. Form 155, 240 Volt, 4 Watt, Delta 3 Phase Electric Meter. Temple, Inc.--24 Ea. 2.5 Amp, 480 Volt, 4 Wire, Delta Electric Motor. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) BID #13025--East 19th Street Paving, and authorize same (Street Drainage Engineering). RESOLUTION #4591 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and C.B. Thompson Construction of Lubbock to furnish and install all materials as bid for the East 19th Street Paving for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of August, 1994. /s/ David R. Lan s ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ -tor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney AUGUST 25, 1994 Page 511 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 25th day of August, 1994, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and C.B. Thompson Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter 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 NO. 13025 -- East 19th Street Paving and Drainage Improvements in the amount of $445,148.00 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 the said construction in accordance with the contract documents as defined in the General Condition of Agreement. r 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 proposal 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/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel APPROVED AS TO FORM: /s/ Don Vandiver CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: C.B. Thompson Construction Company By: Title: President AUGUST 25, 1994 Page 512 ATTEST: /s/ Carla Williamson Corporate Secretary COMPLETE ADDRESS: 3412 Joliet Lubbock, Texas 79493-6456 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) BID #13029--Pesticides (Health Department). B & G Chemicals & Equipment Company--1,100 GL Cythion, 92% (Malathion). Estes, Inc.--200 GL Methoxyclor, FF 180 Emulsifiable Concentrate. Motion was made by Councilmember -Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) BID #13031--Electronic Imaging System (Information Services). Microage Computer--1 Ea. Electronic Imaging System. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) BID #13039--Evaluation of Holly 2 Turbine (Electric Production). General Electric Apparatus Service --Evaluation of Holly 2 Turbine. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (35.) Consider a resolution authorizing the official naming of branch libraries Councilmember Patterson recused and excused himself from voting and discussion on this item. Jeff Rippel, Director of Libraries, presented staff comments. In August 1993 the Libraries Board recommended to Council names for the new branch libraries approved in the May 1993 Bond Election. This information was presented to Council during the December executive session which considered the sites for the northeast branch. Thereafter, Councilmember Patterson recommended Board consideration of the additional name of Mildred Lusk. At their August 1994 meeting, the Libraries Board approved the addition of her name to the list prepared earlier.. , I �J_ RTHWEST BRANCH: For this branch, the Board recommended Council consideration of the name of Rita P. Harmon, former assistant city manager. NORTHEAST BRANCH: For this branch, the Board recommended Council consideration of one of five names. These names were presented in alphabetical order: 1. Mildred Lusk. Early east Lubbock resident. Came to Lubbock in 1937, after graduation from Bishop College. Taught English, math, and vocational courses at Dunbar High School, where she also served as AUGUST 25, 1994 Page 513 librarian, for 34 years. Became the first Black professional librarian in LISD, serving at Coronado High School in 1971, after she obtained her master's degree in Library Science from the University of Minnesota. 2. T. J. Patterson. Bishop College, 1958. First Black City Councilman, serving in Lubbock since 1984. Co -Publisher and Co - Founder, Southwest Digest, minority small business advocate, former Assistant Dean in the College of Business Administration, TTU; Commander, USN Reserve; President, Texas Association of Black City Council Members. 3. Clarence Priestly. Dunbar High School, 1946. Huston -Tillotson College, 1950, BA in Elementary Education. University of Colorado, 1958, Master's in School Administration. Principal, Iles, Wheatley, and Bozeman Elementary Schools. Board member, Lubbock Libraries, 1978- 1984. 4. Edna Walker. Teacher, LISD, for 32 years, 16 years as home - school teacher, and 16 years in classroom. Volunteer tutor, Lubbock Area Coalition for Literacy. Meals on Wheels volunteer since 1989. Teacher and musician, Mt. Vernon United Methodist Church. Member of Board of Directors, Chatman Memorial Clinic. 5. George Woods. Pioneer east Lubbock resident, arrived in Lubbock in 1928. Woods attended a small Methodist college. Admissions policies at Texas Tech prevented him from entry. Hospital orderly, mason, and mail clerk, Woods became a volunteer and devoted himself to community service --the Red Cross, Lubbock Traffic Commission, Family Service Association, and the NAACP are a few examples. Strong supporter of the East Lubbock Early Settlers Reunion and Juneteenth Celebrations. The Libraries Board recommended Council consideration of the name of Rita P. Harmon for the Northwest Branch Library to be built in 1996. The Board recommended Council consideration of the five names presented, with choice of one name for the Northeast Branch Library and Family Learning Center to be built in 1995. Mr. Harold Chatman addressed the Council in favor of naming the Northeast Branch Library for Edna Walker. Motion was made by Councilmember Ince, seconded by Mayor Pro Tern Neugebauer to authorize a name the Northwest Branch for Rita P. Harmon and the Northeast Branch for Mildred Lusk. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to table the motion made by Councilmember Ince. Motion carried: 5 Yeas; 1 Nay--Councilmember Ince. Councilmember Patterson recused and excused himself from any discussion and voting. (36.) Consider Ordinance #9725 amending Articles II, III, and IV of Chapter 28 - Water and Sewers of the City of Lubbock Code of Ordinances ORDINANCE #9725 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WATER SERVICE CONNECTIONS; SEWER SERVICE CONNECTIONS; PRO RATA CHARGES FOR WATER AND/OR SEWER SERVICE; UNIT PRICES USED IN CALCULATING COSTS OF EXTENSIONS, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. AUGUST 25, 1994 Page 514 Mike Murphy, Senior Engineer, presented staff comments. In order to recover costs associated with day to day business within the Water Utilities service and construction areas, amendments to various sections of chapter 28 are proposed. Section 28-58. Water Service (Water Tap) Connections. This section will be amended to allow the City to recover costs of performing and/or contracting "water service connections" by adjusting current rates and bringing them more in line with actual City and low bid contractor costs. Section 28-90. Sewer Service Connections. This section will be amended to allow the City to recover cost of performing "sewer service connections" by adjusting current rates and bringing them more in line with actual City and low bid contractor costs. Section 28-147 & 28-160. Pro rata charges for water and/or sewer service. The pro rata front foot charge and unit price charge has not been adjusted since 1980. Per the request of the local contractors, developers and engineers, the City of Lubbock Water Utilities Engineering Department conducted an in depth study of current pricing associated with the front foot and unit price sections of the "Pro Rata Ordinance." In addition to these proposed updates all of the above fees will be reviewed annually and adjusted as deemed necessary by the Director of Water Utilities. Water Utilities recommended approval of these amendments. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to pass on first reading Ordinance #9725 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (38.) Consider Resolution #4592 authorizing the Mayor to execute a Gas Sales Contract between the City of Lubbock and Power -Tex Joint Venture (a subsidiary of Hadson Coraoration). RESOLUTION #4592 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Power -Tex Joint Venture attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of August, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Beuj I.....Jmson Betty M. Johnson, City Secretary AUGUST 25, 1994 Page 515 APPROVED AS TO CONTENT: /s/ J. Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Gas Sales Contract By and Between Power -Tex Joint Venture and the City of Lubbock is filed with Resolution No. 4592. Robert Massengale, Assistant City Manager, and Tommy Buchanan, Associate Director of System Planning, presented staff comments. Staff recommended that Council enter into a contract with Hadson Corporation for a major portion of LP&L's gas requirements for the next five years beginning January 1,1995. Assuming the same usage as 1993 this new contract would save $1,402,973 when compared to the current contract. Staff believes this contract is essential to the operation of LP&L. Lubbock Power and Light's (LP&L) existing gas purchase agreement with Power - Tex Joint Venture (a subsidiary of Hadson Corporation) will greatly reduce LP&L's guaranteed gas deliveries from the current 4,000,000 MCF per year to 1,000,000 MCF per year on January 1,1995, and to 0 MCF per year after 1996. The existing transportation arrangements with Power -Tex Joint Venture also expire after 1996. In order to ensure an economical and reliable source of gas at least to the year 2000, LP&L sent out a Request for Proposals to purchase and deliver 3,000,000 MCF per year of gas in 1995 and 1996 and 4,000,000 MCF per year of gas from January 1,1997 through December 31,1999. The RFP required that prospective bidders have access and control of the volumes of gas requested; that the bidder possess all the facilities and experience necessary to fulfill the terms of their proposals; and that the bidder has adequate financial strength to fulfill the contract through the term requested. The RFP allowed all forms of pricing to be bid. As a result of this RFP, written proposals were received at the City's Purchasing Manager's Office on April 19,1994. A total of nine firms responded. These firms are listed in alphabetical order as follows: Amoco Energy Trading Corporation Houston, TX Anthem Energy Company Amarillo, TX Bridegas USA Inc. Dallas, TX Encina Gas Marketing Houston TX Enron Power Services Houston, TX Hadson Corp.(Power-Tex Joint Venture) Dallas, TX J. Aron and Company New York NY Midland Marketing Corporation Midland, TX Natural Gas Clearinghouse Houston, TX In keeping with the City's policies and procedures for review and evaluation of proposals submitted on major projects for the City of Lubbock, Assistant City Manager, Robert Massengale selected four people from various areas of the city to serve on a review committee. They are as follows: AUGUST 25, 1994 Page 516 Glen Goldwater Debra Frankhouser Henry Day Tommy Buchanan District Chief Solid Waste Asst. Superintendent Wastewater Treatment Pt Super. LP&L Assoc. Director of System Planning Bidders who had demonstrated adequate gas supply, gas facilities, transportation, experience, and financial strength were then evaluated on price. The evaluation used a very conservative method to rank the bidders according to the potential savings LP&L might experience over the five year term when compared to the terms of the existing contract. The top four bidders and the potential savings are listed in order. Top Bidders Hadson Corp. (Power -Tex Joint Midland Marketing Corp. Enron Power Services, Inc. Anthem Energy Co. Potential Savings Venture) $3,313,441 $2,631,954 $1,731,954 $1,575,972 Negotiations were then started concurrently with each of these four to develop an acceptable agreement. The contracts were negotiated concurrently with the various companies in order to save time in the event a higher rated bidder reached an impasse. During negotiations, the original bid terms and prices were not modified. All negotiations either added or clarified other provisions considered important by LP&L. A summary of the major points of the Power -Tex (Hadson) contract follows: 1. Gas will be supplied to LP&L on a guaranteed firm basis of 3,000,000 MCF per year for 1995 and 1996, and 4,000,000 MCF per year for 1997,1998, and 1999. This firm gas will be on a Take -or -Pay basis. 2. The price to be paid for this gas will be fifteen cents above the index reported in the Inside FERC Gas Market Report for Texas, Oklahoma and Kansas. 3. LP&L may purchase any additional gas needs on a spot basis at fifteen cents above the index reported in Gas Daily for Northern Natural Gas. 4. LP&L may lock -in any gas price on any gas volume it desires for a time period up to twelve months with the price determined as four cents under the NYMEX index. 5. LP&L may vary its firm gas usage as it desires as long as the yearly totals meet its commitments. 6. LP&L will receive revenue sharing of five percent of the before tax revenues of the Power -Tex pipeline during 1995 and 1996, and after that percent revenue sharing through 1999. 7. LP&L may add its other generating plants as delivery points under this agreement when their respective gas contracts expire. This option exists solely at LP&L's discretion. 8. The transportation of the gas is guaranteed through the contract term with the transportation price being fifteen cents per MMBTU for 1995 and 1996 and seventeen cents per MMBTU through the remaining contract term. AUGUST 25, 1994 Page 517 9. The term of this contract is five years and continuing thereafter unless terminated by either party with sixty days notice prior to the commencement of any contract year after the initial five years. In order to get the terms of this contract into perspective, if LP&L's gas for calendar year 1993 had been purchased under the recommended contract, LP&L would have saved $1,048,719 for 3,000,000 MCF or $1,402,973 for 4,000,000 MCF, when compared to the existing gas contracts. LP&L has had an excellent working relationship with Hadson Corp. and its subsidiaries (Power -Tex and Adobe) since 1984, and is pleased to continue this relationship. Summary of Existing Contracts A. Existing gas supply agreement with Power -Tex for Holly Power Plant. This agreement guarantee 4,000,000 MCF of gas to Holly Plant through 1994. This guarantees reduces to 1,000,000 MCF during 1995 and 1996 and terminates after 1996. Guaranteed transportation is included for the above take -or -pay gas volumes. Excess gas will also be provided if available. The price for the take -or - pay gas is based upon the average of three indexes plus fifty percent. This price is capped not to exceed the equivalent price for firm purchased power (Typically between $2.50 and $2.60 per MMBTU). B. Existing gas supply agreement with Adobe Gras Marketing for Brandon Cogen. This agreement guarantees 1,642,500 MCF of gas per year to Brandon Cogen through August 30,1998. This price escalates 5.5 percent per year (for 1994 the price is $1.931 plus $0.20 transportation). C. Existing gas supply agreement with Mid -Plains for Holly Power Plant. This agreement guarantees the full production of the Mid -Plains facilities up to 1,460,000 MCF per year. Actual production varies but is typically about one-half of the above maximum. The price for this gas is 85 percent of the weighted price paid to LP&L's other firm gas supplies (Power -Tex and Adobe). The price varies around $2.00 per MMBTU. This agreement expires in 2008. D. Existing Purchased Power Agreement with Southwestern Public Service Company (SPS) and LP&L. This agreement provides three types of power to LP&L. Firm Power SPS agrees to provide LP&L with firm power as agreed upon. LP&L must notify SPS of its firm power needs five years in advance. This type of power is equivalent to take -or -pay gas. the current price is $6.80 per KW, $0.0007 per KWH, plus fuel charges and customer charges. (During 1993, this power averaged $0.029841 per KWH). 2. Non -Firm Power In order to qualify for this power, LP&L must have generation available to replace this power upon a short notice by SPS (typically this notice is an hour). SPS may AUGUST 25, 1994 Page 518 provide this type of power solely at its option. (During 1993, this power averaged $0.026935 per KWH). 3. Emergency Power This power is available only under temporary emergency conditions whereby a portion of LP&L existing generation is not functioning. This power is available only in quantities needed to substitute for malfunctioning generation. (During 1993, this power averaged $0.04 per KWH). In the event that LP&L cannot meet its loads excluding any faulty generation and if SPS chooses not to supply non -firm power then the Firm Power amounts are increased to provide the difference. LP&L would be required to stay at this firm level for 12 months. (Cost under current rates would be $81,600 per MW per year). This agreement with SPS expires December 31, 2004. For prospective purposes, LP&L's generation costs from all sources for 1993 was $0.026504 per KWH. If all of LP&L's power needs had been purchased from SPS under this contract, LP&L's costs would have increased by $6,568,800 in 1993 and when the extra Firm capacity costs are included these extra costs would be $14,874,996 in 1994. LP&L recommended that the City Council approve the Gas Sales Contract between the City of Lubbock and Power -Tex Joint Venture. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4592 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (28.) ZONE CASE NO.2737 (4408 and 4410 19th Street) --Hold a Public hearing to consider request of Hugo Reed and Associates, Inc (for David Carmichael, M.D.) for a zoning change from R-1 to C-2 on the west ten feet of Lot 3 and all of Lots 4 and 5. Block 1, West Gate Drive Addition, and consider ordinance. ORDINANCE #9726 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2737; A ZONING CHANGE FROM R-1 TO C-2 ZONING ON THE WEST 10 FEET OF LOT 3, AND ALL OF LOTS 4 AND 5, BLOCK 1, WEST GATE DRIVE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDINGA. SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 3:39 p.m David Goyette appeared on behalf of Hugo Reed and Associates, Inc., to present this request for zone change from R-1 to C-2. No cane app,.u, cd in opposition to the zone change. Mayor Langston closed the public hearing at 3:43 p.m. Randy Henson, Senior Planner, presented staff comments. The request was for a C-2, with any project proposed on the property subject to site plan review prior to a construction permit. Mr. Henson gave the adjacent land uses: AUGUST 25, 1994 Page 519 North - single family South - commercial East - commercial West - single family According to staff memo, the request is a minor change to the Comprehensive Land Use Plan. When the case was proposed, the staff urged inclusion of the remaining lot to the west. The proponent was unable to obtain permission from that owner. The property south of 19th has been C-3 for many years, but approval of this request will leave the one lot on the corner as residential. Although the proposal should have little additional effect on the thoroughfare system, the staff requested a condition limiting both lots with a total of two curb cuts to limit interference with 19th Street. The proponent offered to have the property subject to site plan review prior to a construction permit. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. A site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. 2. There shall be a total of two curb cuts on 19th Street or one curb cut on each lot if developed separately. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9726 with conditions recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (29.) ZONE CASE NO. 2741 2800 block of Hickory) -Hold a public hearing to consider request of Urban Renewal Agency c/o Housing Rehabilitation Section (for Jimmy Peterson) for a zonine change from R-1 to R-2 (for dunleaes) on Lots 1-9. Block 24, Coronado Addition, and consider ordinance ORDINANCE #9727 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2741; A ZONING CHANGE FROM R-1 TO R-2 ZONING ON LOTS 1-9, BLOCK 24, CORONADO ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 3:49 p.m Sharon Pattillo appeared on behalf of Urban Renewal Agency to present this request for zone change from R-1 to R-2. No one appeared in opposition. Mayor Langston closed the public hearing at 3:52 p.m. Randy Henson, Senior Planner, presented staff comments. This request was for a change from R-1 to R-2 so that duplexes can be built on the lots. The Chatman Hill Neighborhood Association and the Urban Renewal Agency approve of this AUGUST 25, 1994 Page 520 request. This request is part of the Urban Renewal Plan and will be an asset to the Chatman Hill neighborhood. The request is consistent with the Comprehensive Land Use Plan and is consistent with zoning policies. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9727 as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (30.) ZONE CASE NO. 1788-C (4817 50th Street) --Hold a public hearing to consider request of David and Sue Pirtle for a zoning change from C-2 to C-4 Specific Use ( for a self -storage facility) on a tract out of Section 9. Block E-2, and consider ordinance. ORDINANCE #9728 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1788-C; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING FOR A SELF -STORAGE FACILITY ON A TRACT OUT OF SECTION 9, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, - PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 3:54 p.m. Sue Pirtle appeared to present this request for zone change from C-2 to C-4 Specific Use. No one appeared in opposition. Mayor Langston closed the public hearing at 4:00 p.m. Randy Henson, Senior Planner, presented staff comments. This parcel of property is an isolated parcel partially land locked by a shopping center on 50th Street. Access is by easement from 50th Street and from Utica Avenue behind the Lubbock National Bank. The parcel is not platted. Mr. Henson gave the adjacent land uses: North - commercial South - residential East - commercial West - commercial As commercial, the project is within bounds for policy of the Comprehensive Land Use Plan. Mini -warehouse projects are in the Specific Use District of C-4 so each project can be reviewed for impact on the adjacent properties. The project will have little effect on the thoroughfare system. The Planning Commission recommended the request to the Council subject to the site plan and with instructions to have a better detail of the sign noted on Utica Avenue. As 4 ,wiic Use, the details of the sign need to be clear. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance #9728 with conditions as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. AUGUST 25, 1994 Page 521 (31.) ZONE CASE NO. 2269-J (8501 Quaker Avenue) --Hold a public hearing to consider request of Robert Mamlok (for King's Row Owner's Association) for a zoning change from A-2 limited to church and church related uses to A-2 limited to church and church related uses to add conditions for future additions regarding site plan and building materials review prior to construction, screening fence on 86th Street, curb cuts on 86th Street and height and setback requirements on Tract J. Kinogate Addition, and consider ordinance. Mayor Langston opened the public hearing at 4:07 p.m Jim Shute appeared on behalf of Robert Mamlok to present this request for zone change from A-2 limited to church and church related uses to A-2 limited to church and church related uses to add conditions for future additions regarding site plan. Tom McSpadden also appeared in favor of the conditions for future additions regarding site plan. Gordon Brewer and Malcolm Young appeared in opposition. Mr. Brewer and Mr. Young urged the Council to overrule the Planning and Zoning Commission's recommendations regarding site plan review. Mayor Langston closed the hearing at 4:30 p.m. Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent land uses: North - residential South - commercial East - residential and garden office West - Quaker Avenue According to staff memo, the commercial areas in the vicinity have been subject to design review conditions by zoning, and the residential development in the area is subject to strict deed restrictions. The neighbors in the area resorted to addition of zone conditions when they felt that their concerns were not addressed by the church building committee. The church members felt they have been very accommodating. The original requests of the neighbors included: Site plan review prior to any future development. 2. A low screening fence on 86th Street. The A-2 district does not require screening when separated from residential by a street. 3. Limit future curb cuts on 86th Street. The church presented a letter from Jere Hart, City Traffic Engineer, supporting the proposed two curb cuts on 86th to allow good traffic flow off the property on both 85th and 86th Streets. 4. Increased setback from 86th Street versus the permitted 15 feet (permitted in A-2 when the area is landscaped with no parking). Amounts of 43 and 50 feet were mentioned by the neighborhood. The future development plan indicates a proposed use of 15 feet. After considerable discussion with both sides, the Planning and Zoning Commission recommended a site plan review prior to a future permit with no specifics. The Planning and Zoning Commission recommended approval of this request subject to the following condition: AUGUST 25, 1994 Page 522 1. A site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. Building setback from 86th Street is a primary item for review. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to pass on first reading an ordinance as recommended by staff. Because of the amount of written opposition filed by the church, the case required a six -sevenths affirmative vote to uphold the Planning and Zoning Commission recommendation. Motion failed for lack of requisite votes: 3 Yeas; 4 Nays (Mayor Langston, Mayor Pro Tern Neugebauer, Councilmember Hernandez, Councilmember Patterson). (32.) ZONE CASE NO. 1061-G (south of 4th Street and east of Frankford)--Hold a public hearing to consider request of Dunaway Associates. Inc (for Wal- Mart Stores. Inc.) for a zoning change from R-1 Specific Use to C-3 Specific Use for a Wal-Mart Super Center with a garden center and C-3 on a tract out of Section 4. Block E-2, and consider ordinance. ORDINANCE #9729 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1061-G; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-3 SPECIFIC USE ZONING FOR A WAL-MART SUPER CENTER WITH A GARDEN CENTER AND C-3 ON A TRACT OUT OF SECTION 4, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 5:09 p.m. Tom Galbreath appeared on behalf of Dunaway Associates, Inc., to present this request for zone change from R-1 Specific Use to C-3 Specific Use. Additionally, the following people appeared in favor of the zone change: Mark Goode, Vice President for Bridgefarmer Associates; Mavis L. Miller, land owner; Burl Masters, representing Mavis L. Miller, and Kay Fairbanks, whose husband is employed by Wal-Mart stores. Roger Settler, Cliff Nichols, Stan Bloom, Bill Brennan, Delbert Kirby, Clarence Dixon, Eileen Ringler, Melanie Barnes, Susan Casby-Horton, Clifford Dipples, Dustyn Webb, Bob Covington, Johnni Berry, Bryan Dunn, and Malcolm Terry appeared in opposition to the zone change. The opponents voiced concerns regarding the potential flooding problems, the destruction of the natural beauty that Treasure Island Golf Course affords to the area, and the potential traffic congestion. The opponents encouraged Wal-Mart Stores, Inc., to seek an alternative site for a super center and for the City to look at alternative uses for Mrs. Miller's property. Mayor Langston closed the public hearing at 6:47 p.m. Randy Henson, Ser; ''fanner, presented staff comments. The items , eviewed by staff during the Planning and Zoning Commission meeting included: A. Drainage B. Land Use C. Traffic Implications Mr. Henson gave the adjacent land uses: AUGUST 25, 1994 Page 523 North - commercial and apartments South - Loop 289 East - commercial and apartments West - commercial and apartments The proposal represents a minor change to the Comprehensive Land Use Plan, but only from the aspect that the current plan illustrates the golf course as an open space facility as opposed to a commercial facility. The golf course has been intended as a holding pattern for the land for many years. In 1964, a zone case was approved on the property for a shopping center and golf course. The current proposed zoning is discussing another major shopping facility. Wal-Mart has three major contract firms doing their development work. A. THE DRAINAGE PROPOSAL: The staff and Wal-Mart proposed to the Planning Commission that the final approval of the plat and cut and fill plan be delayed to the September meeting. That proposal was approved by the Planning Commission. Several months ago the staff established three criteria for Wal-Mart to meet with regard to the playa that exists on the property: That the existing capacity of Lake 71 not be decreased. 2. That the existing overflow elevation of Lake 71 not be lowered, and 3. That the existing frequency of overflow from flood events not be increased (i.e., the frequency of overflow flooding during existing conditions not be increased by the proposed development). By requesting a delay in the final approval of the cut and fill, Wal-Mart and the staff will work toward verification that the three criteria will be met. An initial review of data between our Engineering staff and Wal-Mart indicates that the criteria will be met, and the final plan will be presented to the Planning Commission in September. Other than aesthetics, the bulk of calls taken by the staff has been concerns about drainage. The staff assured the Planning Commission and the public during the meeting that all details will be reviewed and the three criteria will be met before the staff recommended a cut and fill and plat for approval. B. LAND USE: The parcel of land is subject to commercial use by the Comprehensive Land Use Plan policy. Thus, if the decision is made to approve the request, the case becomes somewhat routine. The Wal-Mart portion, proposed Lot 1, is filed as Specific Use for the purpose of addressing the proposed garden center. The existing Code allows garden centers as a conditional use in C-3, subject to being structurally within the building. The proposal by Wal-Mart is to use a fence or vw u:: -with a fabric sunscreen roof that does not meet the Code definition. The staff challenged Wal-Mart to bring a proposal that would be acceptable in looks to the projects. The Planning Commission approved an elevation of the fence showing a wrought iron fence with block or brick piers. C. TRAFFIC: The ITE tables used to estimate traffic for various facilities suggest that the 200,000 square foot facility will generate at least 14,000 vehicle trips per day. Wal-Mart introduced Mr. Mark Goode as a consultant who produced a detailed AUGUST 25, 1994 Page 524 traffic study for the vicinity. The staff discussion of the traffic issue began with several assumptions: I . The streets on each of the three sides for this project are under the jurisdiction of the Texas Department of Transportation. 2. A four lane, no left turn lane, 4th Street is less than desirable in this location. TxDOT is scheduled to let a contract this October to rebuild 4th Street from Brownfield Highway to west of Frankford as a 7 lane thoroughfare. 3. The site is adjacent to Loop 289 with a one-way service road. This condition will not change. 4. Frankford is a designated thoroughfare that dead ends into Loop 289. It currently is built as a two lane, strip paved street. Discussions with TxDOT indicate a bridge may be installed at Loop 289 for through traffic, for Frankford connect to 19th Street, but that improvement is premature to include in this discussion. 5. The bridge of Loop 289 over 4th Street is not slated for update in the 4th Street widening. The traffic study provided by Wal-Mart will enable City staff to discuss the possibilities with TxDOT to accelerate budget improvements increasing lane numbers and turn grounds. Existing traffic conditions sometimes exceed the traffic facilities at peak travel times, and the addition of Wal-Mart will cause the system to crash with a much greater frequency. With the 4th Street upgrade and Frankford Avenue discussions, several partial solutions are underway at present. The existing geometry of the adjacent streets will continue to be a problem, with or without the store. The status of these streets is a Northwest Lubbock traffic problem which would only be enhanced by the presence of Wal-Mart. One specific traffic related recommendation approved by the Planning Commission is a prohibition of curb cuts on 4th Street for the two 4th Street outparcels and a prohibition of access to the main parcel except for two access drives. The condition also excludes access to the out parcels for 75 feet south of 4th along the access drives. Wal-Mart and Ms. Miller are opposed to this restriction. With no curb cut on 4th, the lot will be inaccessible when the playa is in overflow. The staff would propose to amend the Planning and Zoning recommendation to allow one curb cut on the east out lot. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. No curb cuts shall be allowed on 4th Street along the north line of this zone case except the two drives entering proposed Lot 1. Also, no curb cuts shall be permitted into proposed Lots 2 and 3. 2. The pers V,ictive presented for the garden center is included as a part of the site pian. 3. A site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit shall be required on proposed Lots 2 and 3. Staff supported the recommendation of the Planning & Zoning Commission. AUGUST 25, 1994 Page 525 (33.) Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9729 with conditions recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince and Councilmember Hernandez were absent from Council Chambers. ORDINANCE #9730 PROJECT NO. 9007 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE NORTH - SOUTH ALLEY ABUTTING LOTS 26 THROUGH 37, WHISPERWOOD ADDITION; THE NORTH -SOUTH ALLEY ABUTTING LOTS 38 THROUGH 54-A, WHISPERWOOD ADDITION; AND THE EAST -WEST ALLEY ABUTTING LOTS 141 THROUGH 147, WOODLAND PARK ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREETS AND AVENUES: 20TH STREET FROM KEWANEE AVENUE TO JUNEAU AVENUE; FRANKFORD AVENUE FROM 66TH STREET TO 82ND STREET; AND 98TH STREET FROM INDIANA AVENUE TO SLIDE ROAD, 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 IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). Mayor Langston opened the public hearing at 7:40 p.m. E. W. Burbank, Morton Dismuke, and Gregory Freeman spoke in favor of the assessment paving program. Mr. Gary Ward on behalf of Carl Russell and Dr. Cone raised concerns regarding assessments affecting their property. Mayor Langston closed the public hearing at 8:15 p.m. Larry Hertel, City Engineer, and Keith Smith, Senior Civil Engineer, presented staff comments. The proposed paving improvements consist of the following alleys and streets: Unit Number Description A-461-34 The North -South alley between York Avenue and Wayne Avenue from 4th Street to York Avenue. A-461-35 The North -South Alley Between York Avenue and Zoar Avenue from 4th Street to York Avenue. A-461-36 The East-West Alley between Slide Road and Zoar Avenue and between 75th Street and 76th Street. - 2035-96 20th Street from Kewanee Avenue to Juneau Avenue. 2035-94 Frankford Avenue from 66th Street and 82nd Street. 2035-95 98th Street from Indiana Avenue to Slide Road. AUGUST 25, 1994 Page 526 A portion of the property owners having property abutting the first four units requested by petition that paving improvements be constructed. The last two units are thoroughfare streets. Assessments are proposed against the owners of property abutting these thoroughfares to obtain their share of the paving costs. 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 percent of the cost of street and alley paving. 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. This rate is calculated on the basis of the property owners paying 100 percent of the curb and gutter cost and 90 percent 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. The alternatives available to the City Council are as follows: l . Delete any or all of the petitioned streets or alleys from the project 2. Authorize paving of the street or alleys and assess the abutting property owners the amount specified by the appraiser as the enhancement value of the total project cost the City would be required to pay 24 percent for 20th Street, 94 percent for Frankford Avenue, 88 percent for 98th Street, and 32 percent for the alley paving. However, 98th Street will be constructed by TxDOT under the ISTEA program. This program requires the City to pay all right-of-way and eligible utility relocation costs and 20 percent of the construction and engineering costs. 3. Authorize paving of the street or alleys and assess 90 percent of the cost, or whatever percentage of the cost that the Council deems fair, to the abutting property owners. This would not be a valid assessment. However, past City Councils have elected to use this alternative if at least 50 percent of the property owners would sign an agreement to pay the assessed amount. This approach is in effect paving by contract between the signing owners and the City and would not be binding on the owners that do not sign the agreement. If challenged, particularly by the property owners not signing the agreement, the assessment would have to be reduced to the enhancement rate for each person challenging the assessment. The City would then be responsible for the remainder of the cost. However, the agreement executed by the majority of the affected property owners could be considered as testimony that the benefits to the property equals the amount of the assessment. Should the City Council decide to proceed with the paving of any of these units in this program, the public hearing will serve as the first of three readings of the assessment ordinance. The "calculated rates" advertised for 20th Street are $13.12 per foot for paving and $6.89 per foot for curb and gutter, and for Frankford Avenue and 98th Street are $33.92 residential and $57.24 commercial per foot for paving and $6.89 per foot for curb and gutter. The "calculated rate" for alley paving is $12.17 per foot. The "enhancement rates" for all abutting properties are shown in the appraiser's report. The staff recommended that Council require the majority of the owners of each of the three alleys and 20th Street approved for paving execute an agreement stating the property is enhanced to an amount which equals the "calculated" rate. If the majority of owners fail to execute the agreement by September 8, 1994, the Council could delete that unit from the program at the second reading of the ordinance. The staff recommended the assessment rates for the two thoroughfare streets, 98th Street and Frankford Avenue, be established at the enhancement rates determined by the appraiser. As previously stated, these thoroughfare paving improvements AUGUST 25, 1994 Page 527 are viewed to benefit the public at large and are not necessarily beneficial to the abutting property in the amount of the calculated assessment rates. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9730 as recommended by staff, with the understanding that staff would perform due diligence in investigation of the concerns raised by Mr. Gary Ward on behalf of Carl Russell and by Dr. Cone. Motion carried: 5 Yeas; 1 Nay--Councilmember Hernandez. Councilmember Ince was absent from Council Chambers. (39.) Consider Resolution #4593 authorizing the Mayor to sign for and on behalf of the City of Lubbock a contract for Claims Adjusting Services for liability and workers' compensation. RESOLUTION #4593 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Crawford and Company for a Claims Servicing Contract with the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as.spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale J. Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Crawford & Company Claim Service Contract is filed with Resolution No. 4593. Quentin Thomas, Assistant City Manager, presented staff comments. The City of Lubbock has contracted claims servicing for workers' compensation and liability since 1-989. This contract provides for adjusting claims for workers' compensation, liability, on -call services, loss investigation, claims loss exposure estimation, litigation management, and loss history reporting. In May, the City issued a Request for Proposals for property, liability, and workers' compensation claims adjusting services. The bid closed at 2:00 p.m., Friday June 10, 1994. Twenty-three (23) firms received the RFD's. Proposals were received from the following four: AUGUST 25, 1994 Page 528 1. Texas Political Subdivisions 2. Harper-Senning-Kennedy 3. Crawford & Company 4. G.A.B. Business Services A City review team evaluated the proposals in the following areas: l . Annual Projected Cost: 2. Service and Staffing: 3. Delivery Capacity: 4. Professional Effort: Response to RFP Format and Information 5. Reports (Examples, ease of interpretation, etc.) The evaluation team ranked the proposals in the following manner: 1. Crawford & Company 2. Harper-Senning-Kennedy 3. G.A.B. Business Services 4. Texas Political Subdivisions While the committee did rate Crawford & Company as our number one choice, the other firms' responses did indicate that they would also be capable of providing the service. Council was aware of the fact that the number two rated firm (Harper-Senning- Kennedy) was protesting staff recommendations. Although staff understood Mr. Senning's disappointment with its recommendation, staff responded to the following issues: Continuity/five year contract. Prior to 1989, the City's contractual relationships did not provide for the continuity and contract term embodied in the proposed contract. Staff had experienced quite a bit of "slippage" and inefficiencies through occasional changing of vendors. 2. Legal Involvement in the Process. While staff felt comfortable with the evaluation that was conducted by the original team, this particular bid proposal was submitted to the Legal Department for an independent evaluation following Mr. Senning's complaints. The City Attorney's office independently reviewed the proposals and came to the same conclusion. It was staff recommendation that the Council authorize the City to enter into a contract with Crawford & Company for claims adjusting services. The contract period would be effective 8-25-94 to 8-24-95, renewable for four consecutive years, with the term ending 8-25-99. Either party may terminate the contract with or without cause and for any re, - - by sixty (60) days' written prior notice. Mr. Bland Harper, President of Harper-Senning-Kennedy, addressed the Council regarding his concerns with the committee's recommendation to award the bid to Crawford and Company. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4593 as recommended by staff. Motion carried: 5 Yeas; 1 Nays--Councilmember Hernandez. Councilmember Ince was absent from the Council Chambers. AUGUST 25, 1994 Page 529 (44.) Confirm reappointment of Jeanne Knapp, Beverly McBeath, and D. C. Fair. Jr.. to the Airport Board. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to reappoint Jeanne Knapp, Beverly McBeath, and D. C. Fair, Jr., to the Airport Board. Motion carried: 6 Yeas; 0 Nays (Councilmember Ince was absent from the Council Chambers). (45.) Confirm reappointment of LeRoy Montoya to the Canadian River Municipal Water Authority Board of Directors. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to reappoint LeRoy Montoya to the Canadian River Municipal Water Authority. Motion carried: 6 Yeas; 0 Nays (Councilmember Ince was absent from the Council Chambers). (46.) Confirm reappointment of J. Dan Griffis. Mitzi Jordan Linda Greenstreet. and Lloyd Maines to the Civic Centers Board. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to reappoint J. Dan Griffis, Mitzi Jordan, Linda Greenstreet, and Lloyd Maines to the Civic Centers Board. Motion carried: 6 Yeas; 0 Nays (Councilmember Ince was absent from the Council Chambers). (47.) Confirm reappointment of Gloria Galev to the Mental Health and Mental Retardation Public Responsibility Committee Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to reappoint Gloria Galey to the Mental Health Mental Retardation Public Responsibility Committee. Motion carried: 6 Yeas; 0 Nays (Councilmember Ince was absent from the Council Chambers). (34.) Hold a public hearing on the Proposed 1994-95 Budget The proposed budgets were reviewed by the City Council during budget work sessions in June and July. As required by law, the proposed budget was filed with the City Secretary on August 5, 1994. A legal notice publicizing the public hearing was printed in the Lubbock Avalanche -Journal on August 20, 1994. Mayor Langston opened the public hearing at 8:47 p.m. Sheree Terry, spoke in favor of maintaining the services currently provided at the Health Department and suggested that the Council consider pay increases for the Health Department professional staff to help ensure that the staff remains at the Health Department rather than seeking other employment. Cecil Puryear, 2619 2nd Place, addressed concerns regarding high taxes and the inability of the ordinary citizen to make a living. Leroy Shipman, 2701 25th Street, spoke concerning his charges for water and sewer. Terry Ellerbrook, Interim Director of Water Utilities, agreed to discuss the matter with Mr. Shipman. Hilda Adams, 231 _ ,h Street; Linda Hogan, 2301 18th Street; Ha Son Norris, 2323 18th Street; Ted Hogan, 2301 18th Street; Mike Husband, 2112 14th Street, Kathryn Rowell, 1601 Avenue X; Tony Downey, 1610 Avenue X; Debbie Settler, 2307 18th Street; and Jose Fragoso, 2113 14th Street, petitioned the Council to consider purchase of the old Thompson Junior High School site for a park for the South Overton area. Mayor Langston closed the public hearing at 9:55 p.m. AUGUST 25, 1994 Page 530 (40.) Consider Ordinance #9731 approving and adopting a budget for Fiscal Year 1994-95. ORDINANCE #9731 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1994-95; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1993-94; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATE FUNDS FOR THE 1993-94 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE. Adoption of the Budget Ordinance must precede adoption of a tax rate and must be considered as a separate item. A public hearing must precede approval of the budget. The proposed budget was filed August 5, 1994, in accordance with state law and has been made available to the public in the City Secretary's office as well as the libraries and community centers. The budget is based on a proposed $.64 tax rate. The tax rate remains the same since it was increase by $.03 in 1988. The budget also includes a 7 percent increase in sewer rates beginning October 1, 1994. An additional 7 percent sewer rate increase is also proposed for October 1, 1995. The budget has been filed as required by state law and available for public inspection. Staff recommended adoption of the proposed budget with the amendments included. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to approve the Capital Projects budget as recommended by staff. Motion carried: 5 Yeas; 0 Nays (Mayor Pro Tem Neugebauer recused and excused himself from voting on this portion of the FY 94-95 budget; Councilmember Ince was absent from the Council Chambers). Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Windy Sitton to approve the Economic Development Fund for FY 94-95 as recommended by staff. Motion carried: 5 Yeas; 0 Nays (Councilmember Hernandez recused and excused himself from voting and discussion on this portion of the FY 94-95 budget; Councilmember Ince was absent from the Council Chambers). Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Hernandez that the FY 94-95 budget be approved as filed with the City Secretary's Office, including the technical corrections and additional capital projects as recommended by staff. Motion carried: 6 Yeas; 0 Nays (Councilmember Ince was absent from the Council Chambers). (41.) Consider Ordinance #9732 setting the tax rate and levying a tax upon all property subiect to taxation within the City of Lubbock for the year 1994. ORDINANCE #9732 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 1994, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. AUGUST 25, 1994 Page 531 Adoption of tax rate is required by state law before September 1 or as soon thereafter as practical. The budget must be adopted prior to setting a tax rate and as a separate agenda item. The proposed budget is based on a $.64 tax rate using a net taxable value of $5,077,853,293 as provided by the Lubbock Central Appraisal District. This will produce $31,767,050 at the projected 97.75 percent collection rate. The rate remains the same as it has been since 1988 when it was raised by $.03. The LCAD has published the required legal notices regarding the effective rate, rollback rate and rate which requires advertisement of a tax increase. Adoption of a $.64 rate will not put the City in a position to be eligible for a rollback. The $.64 rate also does not require a public hearing and advertisement of a tax increase. The property tax revenue included in the Proposed Budget is based on adopting a tax rate of $.64 per $100 of assessed valuation. The tax rate must legally be adopted in two portions -Interest and Sinking Fund and Maintenance & Operations. The Maintenance and Operations rate consists of the allocation to the General Fund and the Economic Development Fund.. The tax rate allocation and revenue distribution is provided below: General Fund Interest and Sinking Fund Economic Development Tax Rate Revenue Allocation Distribution per 100 (97.75% Collection $.4254 $21,115,161 .1846 9,162,809 .0300 1,489,080 $.6400 $31,767,050 Staff recommended adoption of a $.64 tax rate. The tax rate will be distributed as . follows: $.4254 of the General Fund; $.1846 for the Interest and Sinking Fund; and $.03 for the Economic Development Fund. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on first reading Ordinance #9732 as recommended by staff. Motion carried: 6 Yeas; 0 Nays (Councilmember Ince was absent from the Council Chambers). (37.) Consider Ordinance #9733 amending Chapter 28 of the Code of Ordinances with regard to rates charged for sewer service ORDINANCE #9733 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 28-86 WITH REGARD `I-U RATES CHARGED FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mark Hindman, Director of Support Services, provided staff comments. The 1994-95 budget included a proposed 7 percent sewer rate increase effective October 1, 1994. An additional 7 percent rate increase is also required for October 1, 1995. The proposed ordinance will include the rate increases for both years. AUGUST 25, 1994 Page 532 The increase in sewer rates is required to fund debt service for the new water reclamation plant which is under construction. In addition to the rate increase, money from the rate stabilization reserve will also be required in 1994-95 to pay the full cost of the debt service. The proposed rate increase will raise an average customer's bill by around $.83 per month, based on 8,000 gallons of consumption. The proposed ordinance increases the maximum rate charged to residential customers from 14,000 gallons per month to 20,000 gallons in 1994 and 25,000 in 1995. This cap or maximum rate was proposed to be eliminated recently by Ernst and Young during their cost of service study. Many other cities have eliminated the cap. Increasing the cap will affect only a small number of customers. The purpose of the cap was to avoid penalizing residents for water used for irrigation since this water never enters the sewer system. Sewer charges are based on the three winter months where irrigation is normally not a factor. Approval of the proposed 7 percent increase for October 1, 1994 and 7 percent for October 1, 1995 is recommended in order to pay for the first full year of the total debt service. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9733 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (42.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 1 A) ue-nding or contem lated liti ation Q&ater Utilities). (43.) Hold an executive session, in accordnace with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development Advisory Committee Community Services Commission Airport Board Mental Health and Mental Retardation Board of Trustees Mental Health and Mental Retardation Public Responsibility Committee Building Board of Appeals Civic Centers Board Permit and License Appeal Board Public Transit Board Zoning Board of Adjustment AUGUST 25, 1994 Page 533 "Goals for Lubbock: A Vision Into the 21st Century" Lubbock Health Facilities Development Corporation Board of Directors There being no further business to come before Council, motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to adjourn the meeting at 10:12 p.m. Motion carried: 6 Ye ays uncilmember Ince was absent from the Council Chambers). LF- -. Ids*ffi;V:0 rr 0561. ATTEST: ktvyJohnso City Secretary Read and approved this the 8th day c(�September, AVID R. LANGSYON, MA' ATTEST: etty �ohnsoi6PY Secretary