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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/17/1994CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 17, 1994 9:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 17th day of November 1994 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tern 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 9:02 A.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. The Council recessed into executive session at 9:03 a.m. and reconvened the regular meeting at 10:07 a.m. ( 3.) Miss Lindsay Reeves appeared to receive a Certificate of Appreciation for winning the World Championship in the World Tumbling and Trampoline Association's World Age - Group Games. Mayor Pro Tem Neugebauer recognized Miss Lindsay Reeves for winning the World Championship in the double -mini trampoline event for 9 and 10-year olds and presented her with a Certificate of Appreciation. Miss Reeves qualified in a total of three different events at this world competition, winning the double mini - trampoline, and placing fifth in the trampoline. The competition was held in Oporto, Portugal, with participation from 28 countries. Of special note regarding Miss Reeves' success is that she was diagnosed with epilepsy six years ago. Through medication, she has overcome the disease and has gone on to achieve this level of athleticism. Lindsay is the daughter of Ron and Nancy Reeves and is coached by Marilyn Downing. ( 4.) Motion was made by Councilmember Sitton, seconded by Councilmember Ince to approve the minutes of the November 10, 1994, Regular City Council Meeting and November 11, 1994, Special City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. City Council Minutes November 17, 1994 Page 706 ( 5.) ORDINANCE #9748--Abandoning and closing a portion of 66th Street located in Section 2% Block E-2 (5502 661h Street). Lelli-Onz :_ aej �E`�1►Lf:� AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH STREET LOCATED IN SECTION 28, BLOCK E-2, 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. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9748 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. ( 6.) ORDINANCE #9747--Amending an ordinance to correct an error in the legal description in an abandoned transformer pad easement (4618 5th Street). ORDINANCE #9747 AN ORDINANCE AMENDING ORDINANCE NO. 9515 SO AS TO CORRECT AN ERROR IN LEGAL DESCRIPTION IN A TRANSFORMER PAD EASEMENT ABANDONED AND CLOSED; AND PROVIDING FOR PUBLICATION HEREOF. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9747 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. ( 7.) ORDINANCE #9749--Zone Case No. 1784-A (south of 4th Street and east of Vicksburg) --Request of Mike Long and Ken Flagg (for American State Bank/McDougal Development) for a zoning change from R-1 to AM Specific Use (for a branch bank) and R-1 Specific Use (for garden homes) on Lots 1-32 Block 15, a portion of Lots 17 and 18, Block 14, a portion of 5th Street between Block 14 and 15, and a portion of a 15 foot east/west alley in Block 15, Westover Heights AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1784-A; A ZONING CHANGE FROM R-1 TO AM SPECIFIC USE FOR A BRANCH BANK AND R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 1-32, BLOCK 15, A PORTION OF LOTS 17 & 18, BLOCK 14, A PORTION OF 5TH STREET BETWEEN BLOCKS 14 AND 15, AND A PORTION OF A 15 FOOT EAST/WEST ALLEY IN BLOCK 15, WESTOVER HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 706 6-0 City Council Minutes November 17, 1994 Page 707 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9749 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers; Mayor Langston recused and excused himself from discussion and voting on this item. (8.) ORDINANCE #9750--Zone Case No 2740 (between 35th and 36th Streets west of Avenue P)--Request of A M T , Inc or J J & W. Inc.) for a zoning change from R-3 to C-4 on the north 85 feet of the east 124 feet of the south 147.5 feet of Tract 2 and the west 316 feet of Tract 2, Stubbs Subdivision ORDINANCE #9750 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2740; A ZONING CHANGE FROM R-3 TO C-4 ZONING ON THE NORTH 85 FEET OF THE EAST 124 FEET OF THE SOUTH 147.50 FEET OF TRACT 2 AND THE WEST 316 FEET OF TRACT 2, STUBBS SUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9750 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. (9.) ORDINANCE #9751--Zone Case No 2744 (1302 E. 44th Street) --Request of Prime Time Christian Broadcasting for a zoning change from M-1 to M-1 Specific Use (for a television tower) on the east 150 feet of the south 100 feet of Lot 1, Block 22, Nelson Brown Addition. ORDINANCE #9751 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2744; A ZONING CHANGE FROM M-1 TO M-1 SPECIFIC USE ZONING FOR A TELEVISION TOWER ON THE EAST 150 FEET OF THE SOUTH 100 FEET OF LOT 1, BLOCK 22, NELSON BROWN ADDITION. LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9751 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. 707 City Council Minutes November 17, 1994 Page 708 (10.) ORDINANCE #9752--Zone Case No. 2261-D (north of 66th Street and west of Chicago Avenue) --Request of Harold D. Long for a zoning change from GO to R-2 (for garden homes) on a tract out of Section 28, Block E-2. ORDINANCE #9752 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2261-D; A ZONING CHANGE FROM GO TO R-2 ZONING FOR GARDEN HOMES, ON A TRACT OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9752 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. -i (11.) ORDINANCE #9753--Zone Case No. 1875-Q (south of 19th Street and east of Milwaukee Avenue) --Request of Med Hunt (for K & K Properties) for a zoning change from C-4 to C-4 Specific Use (for mini -warehouses) on 4.15 acres out of Section � 44, Block AK. �g75-Q- ORDINANCE #9753 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1875-Q; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON 4.15 ACRES OUT OF SECTION 44, BLOCK A-K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9753 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. (12.) ORDINANCE #9754--Zone Case No. 2178-E (south of 103rd Street and west of Indiana) --Request of Bernie Gradel, Jr. (for Craft Development) for a zoning change from R-1 to R-1 Specific Use (for garden homes) on 4.7 acres out of Section 18 Block E-2. M S n k ae1 -0 ff:�! k &11! AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2178-E; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON 4.7 ACRES OUT OF SECTION 18, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 708 City Council Minutes November 17, 1994 Page 709 Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9754 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. (13.) ORDINANCE #9755--Zone Case No 2305-G (north of Amherst and west of North Utica) --Request of Ken Flagg (for McDougal Construction) for a zoning change from R-1 to R-1 Specific Use (for garden homes) on a tract out of Section 22, Block A. ORDINANCE #9755 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2305-G; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9755 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. (14.) ORDINANCE #9756--Zone Case No. 2743 (west of Quaker Avenue at the approximate location of 107th Street) --Request of Cimarron Land Services, Inc., (for Lubbock SMSA Limited Partnership) for a zoning change from A-2 to A-2 Specific Use (for a radio tower) on a tract out of the northeast quarter of Section 16, Block E-2. ORDINANCE #9756 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2743; A ZONING CHANGE FROM A-2 TO A-2 SPECIFIC USE ZONING FOR A RADIO TOWER ON A TRACT OUT OF THE NORTHEAST QUARTER OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9756 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. 709 City Council Minutes November 17, 1994 Page 710 (15.) ORDINANCE #9757--Amending Sec 28-98(2) of the Code of Ordinances regarding limits for fats, oils, grease discharged into the wastewater collection system. W"�l��C�l`� AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DISCHARGE OF WASTEWATER CONTAINING FAT, OIL OR GREASE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9757 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. (16.) Consider Resolution #4664 revoking the appointment of Randall Keith Smith as "Designated Engineer" for the landfill. RESOLUTION #4664 WHEREAS, the City Council of the City of Lubbock by Resolution No. 2582 authorized the Mayor of the City to execute a document entitled "Notice of Appointment" which appointed Randall Keith Smith, P.E. 60335, as consulting and designing engineer for the City's Solid Waste Disposal Landfill; and WHEREAS, the Texas Natural Resource Conservation Commission recently notified the City of Lubbock that the municipality is not required to have a "designated engineer" for its Landfill except as required by 30 TAC 330.52(b)(10)(B); NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the appointment on or about May 28, 1987, of Randall Keith Smith, P.E. 60335, as consulting and designing engineer for the purpose of submitting engineering reports, planning materials, plans and specifications, and for supervision of construction of the Solid Waste Disposal Landfill of the City of Lubbock is hereby revoked. 710 City Council Minutes November 17, 1994 Page 711 Passed by the City Council this 17th day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ LaM Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Randall Keith Smith was appointed Engineer for the landfill on May 28, 1987. At that time the landfill was regulated by the Texas Department of Health (TDH). TDH required the City to designate a registered engineer for landfill operations. In 1992 the Texas Water Commission (TWC) assumed regulatory responsibility for landfills. At that time TWC mandated the City to begin lining of the landfill cells and required the engineering to be performed by a consultant. Mr. Smith has had no involvement with the operation of the landfill since that time. Therefore, staff recommended approval of this resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to authorize Resolution #4664 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Resolution #4665 authorizing the Mayor to execute on behalf of the City a dedication deed in connection with the platting by the City of Lot 1, West Lubbock Library Branch Addition (551019th Street), RESOLUTION #4665 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 Dedication Deed in connection with the platting of Lot 1, West Lubbock Library Branch Addition, 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. 711 City Council Minutes November 17, 1994 Page 712 Passed by the City Council this 17th day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Dedication Deed is filed with Resolution No. 4665. This resolution authorizes the Mayor to execute a dedication deed for the platting of City -owned property to be known as Lot 1, West Lubbock Library Addition. The area being platted is located west of Chicago Avenue and north of 19th Street and contains 1.85 acres of land. The dedication deed takes this 1.85 acre tract of land out of a metes and bounds survey status and replats the land into a lot with the subdivision name of West Lubbock Library Branch Addition. The Right -of -Way Department recommended execution of this dedication deed. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to authorize Resolution #4665 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (18.) Consider Resolution #4666 authorizing the Mayor to execute an agreement renewing the contract with Texas Tech University Health Sciences Center Department of Pediatrics C.A.R.E. Center. RESOLUTION #4666 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 between the Child Advocacy Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics ("C.A.R.E. Center") and the City of Lubbock, relating to the provision of services in investigations of child abuse cases referred to C.A.R.E. Center by the Police Department of the City of Lubbock, a copy of which Agreement is attached, 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. 712 City Council Minutes November 17, 1994 Page 713 Passed by the City Council this 17th day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 4666. The City of Lubbock Police Department (LPD) contracts with Texas Tech University Health Sciences Center School of Medicine, Department of Pediatrics Child Advocacy Research and Education Center (C.A.R.E. Center) for specialized forensic evaluation including medical evaluation, case review, consultation, professional training and other needed services for the investigation of child abuse cases referred to C.A.R.E. by LPD. The terms of the agreement are as follows: •0 M ar-i I• A minimum of $34,800 per year to be paid in monthly installments of $2,900 based on a projected 55 referred cases per year, at an estimated four hours each. $2,900 will be the minimum monthly amount paid. 2. Additional services requested by L.P.D. over and above those outlined in agreement will be billed at $100 per hour. 3. In no event shall the total number of hours for which C.A.R.E. is compensated exceed 800 hours for the term of the agreement. Services Provided: C.A.R.E. Center will provide forensic evaluation, for both outpatients and hospital inpatients, which includes medical examination, consultation with LPD personnel, and a written report on referred cases. 2. Weekly discussion as needed of current referred child abuse cases. 3. Eight hours of formal training of LPD personnel in recognizing child abuse and in handling of child abuse investigations plus four hours of preparation time to be billed at $100 per hour. 713 City Council Minutes November 17, 1994 Page 714 4. Other consultative services as needed in investigation of child abuse cases, including expert information to support arrests. Other Provisions: 1. Subject to minimum amount City shall compensate C.A.R.E. Center only for referred cases and only for services enumerated in "Services Provided" clause. 2. If services provided in any one month exceed $2,900, C.A.R.E. Center shall submit itemized statement justifying increased amount of payment based on hourly rate of $100/hour. 3. C.A.R.E. Center shall submit a detailed quarterly report. 4. Agreement may be renewed annually. The agreement also includes liability and confidentiality clauses. The actual cost per case is $400; however, a minimum of $2,900 per month is paid to have services of C.A.R.E. available to support L.P.D. Juvenile Division in the investigation and counseling and possible prosecution of child abuse cases. Because the L.P.D. is lawfully charged with the investigation of possible instances of child abuse and because the C.A.R.E. Center is able to provide the City with its expertise in the very specialized service of forensic evaluation in suspected child abuse investigations, staff recommended this contract be renewed. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to authorize Resolution #4666 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from Council Chambers. (19.) Consider the price and condition of sale of Parcel Number 93440-45-11 at 2404 Hickory Avenue. This was a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization, for $30. The property is to be redeveloped with a new 1,100 square foot single-family residence valued at $38,500. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on October 18, 1994. The Housing Rehabilitation Section staff recommended the approval of the sale. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to authorize the sale of Parcel Number 93440-45-11. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from Council Chambers. 714 City Council Minutes November 17, 1994 Page 715 (20.) BID #13075--Sand, gravel and caliche-Annual Pricing (Streets) R. E. Janes Gravel Company--6,500 Tn "00" Backfill Gravel; 5,300 Tn Grade 3 Gravel; 300 Tn Grade 4 Gravel; 5,200 Tn Grade 5 Gravel; 200 Tn Grade 6 Gravel; 500 Tn Grade 1 /2" Base Course Gravel; 500 Tn Grade 3/4" Base Course Gravel; 2,500 Tn 1" Base Course Gravel; 100 Tn Concrete Sand; 300 Tn 1" Concrete Rock; 100 Tn Vealmore Exposed Aggregate, 3/4"; 200 Tn Brick Sand; 1,500 Tn Stone Screening or Stone Crush Fines. Butler Construction--9,500 Cy Crushed Caliche. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from Council Chambers. (21.) BID #13079--Granulated Urea (Aviation). Zipp Industries--100 Tn Granulated Urea. Motion was made by Councilmember Sitton, seconded by Councilmember Ince to authorize low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from Council Chambers. (22.) Consider Ordinance #9760 granting to Shelter Ad Systems of Texas (SASTX) a franchise agreement to display advertising at transit passenger waiting facilities within public rights -of -way within the City. LortulI►a� ' �I AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, GRANTING TO SHELTER AD SYSTEMS OF TEXAS, A TRUST WITH HEADQUARTERS AT 4127 BAY STREET, SUITE C-133, FREMONT, CALIFORNIA 94538 (HEREINAFTER REFERRED TO AS SASTX), THE RIGHT TO DISPLAY ADVERTISING AT TRANSIT PASSENGER WAITING FACILITIES LOCATED WITHIN PUBLIC RIGHTS -OF -WAY IN THE CITY AND TO USE PORTIONS OF SUCH RIGHTS -OF - WAY FOR SAID PURPOSES, AND PRESCRIBING THE TERM DURING WHICH SUCH RIGHT TO DISPLAY ADVERTISING SHALL BE EFFECTIVE AND THE CONDITIONS, LIMITATIONS AND RESTRICTIONS UNDER WHICH SUCH RIGHT MAY BE EXERCISED. 715 City Council Minutes November 17, 1994 Page 716 Gary Bellair, Chairman of the Transit Board, indicated that in the fall of 1992 SASTX approached the Citibus staff about the possibility of furnishing and maintaining bus shelters at no cost to the City. In turn, the City would allow SASTX to advertise in those shelters. SASTX would also pay the City 10 percent of all revenue SASTX received from such advertising. The Citibus staff presented this to the Lubbock Public Transit Advisory Board (TAB), who in turn presented it to the City Council at the December 17, 1992, Work Session. The bus shelter advertising system was presented as a means of generating extra revenue for the City and, more importantly, to provide additional passenger amenities, such as bus shelters and benches. The revenue that would be generated could help to offset the City's cost of replacing the aging Citibus fleet or to offset any reduction in state or federal operating assistance funds. Before allowing a request for proposal (RFP) to be issued, the City Council recommended that the Zoning Board of Adjustment (ZBA) discuss the issue from a legal and a public relations viewpoint. The ZBA, as well as the TAB, discussed the matter and agreed that the Council could issue an RFP as long as the following restrictions were met: 1. Shelters would be installed and maintained by the company. 2. No competing advertising would be placed next to a similar business. 3. No tobacco, alcohol, sexually suggestive material, or scantily -clad models would be in the advertisements. 4. Advertising would be on one side of the shelter only.* *When SASTX proposed advertising on kiosks instead of in shelters, the ZBA was informally contacted and they agreed to the kiosk concept. This issue was brought before the City Council's work session on May 13, 1993, when the Council authorized the distribution of the RFPs. The RFPs went out in August 1993; the proposal from SASTX was the only one received. The proposal submitted from SASTX met the requirements requested, except that all advertising would be done on separate, free-standing fixtures called kiosks. SASTX would utilize two of the sides for advertising. The third side would be given to the City to promote the City's own activities. For every kiosk SASTX installs, SASTX would provide a shelter or a bench, whichever the City would prefer. The only stipulation is that for every amenity that SASTX provides, there has to be a revenue -generating kiosk installed. 716 City Council Minutes November 17, 1994 Page 717 At its October 28, 1993, Work Session, the City Council gave its approval to proceed with negotiating a contract with SASTX. Since that time, a seven -member committee made up of City and Citibus staff members met numerous times to create a mutually agreeable franchise agreement. Eighty locations have now been chosen (and approved by citizens where necessary) for the kiosks and shelters. However, since this has been a lengthy process and some business owners may have moved since obtaining their signatures, some locations may change. The key provisions in the franchise agreement are as follows: The agreement is for 20 years. SASTX will construct and maintain at least 80 transit passenger waiting facilities. At least 41 of those facilities will have bus shelters and advertising kiosks. SASTX will pay the City 11 percent of SASTX's gross advertising revenue monthly which it receives from the kiosk advertising. SASTX will permit the City to utilize transit facility kiosks for community or public service messages (PSAs) and to promote City transit services at the rate of one message per kiosk per month. If the City does not utilize the allotted display space, SASTX may place other PSAs in such space or place commercial advertising in such space and pay to the City 100 percent of the gross advertising revenue less a ten percent placement and maintenance fee. SASTX will install approximately 131 curb ramps in conjunction with the transit facilities. The City may have SASTX annually relocate up to 5 percent of the transit facilities, at no cost to the City. Staff recommended approval of this franchise agreement. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Sitton to pass on first reading Ordinance #9760 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from Council Chambers. (23.) Consider Resolution #4667 authorizing the Mayor to execute a contract and all related documents between the City of Lubbock and the Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program (C.E.A.P.I. RESOLUTION #4667 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 during the effective dates of the Contract, by and between the City of Lubbock and the Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program. Said Contract and all related documents are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 717 City Council Minutes November 17, 1994 Page 718 Passed by the City Council this 17th day of November, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health, Community Development & Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Contract is filed with Resolution No. 4667. Doug Goodman, Managing Director of Health, Community Development and Neighborhood Initiatives, presented staff comments. As part of the contract between the Texas Department of Housing and Community Affairs and the City of Lubbock, three grants are administered by the City of Lubbock Community Development/Neighborhood Initiatives Department: Community Services Block Grant, Homeless Grant, and Comprehensive Energy Assistance Program. The funding for these three grants is based on Congressional approval and also on the state's funding formula (poverty, employment, etc.). Therefore, funding varies from year to year. There is no general fund money utilized for direct services provided by these grants. The City of Lubbock has contracted with the Texas Department of Housing and Community Affairs for the past sixteen years. Within that period of time, the services have been maximized by the partnerships which have been developed with Project HELP, Inc., the utility companies, churches, and other community organizations. Collaborations are done on a daily basis with the above entities to assist individuals in need of assistance within Lubbock County. Due to the comprehensive services provided through these funds, the City staff recommended approval of this grant. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to authorize Resolution #4667 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from Council Chambers. 718 City Council Minutes November 17, 1994 Page 719 (24.) Consider Resolution #4668 authorizing the Mayor to execute a grant application to the U. S. Department of Education to support the Lubbock City -County Library Literacy Program. RESOLUTION #4668 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and associated subsequent documents for library literacy projects by and between the City of Lubbock and U.S. Department of Education for 1995-96, which Grant Application, 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 17th day of November, 1994. /s/ David R. Langston 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 A copy of the Grant Application is filed with Resolution No. 4668. Jeff Rippel, Director of Libraries, presented staff comments. This resolution authorizes the Library to apply for Literacy Program funds from the U. S. Department of Education. If approved, $34,029 in grant funds would be used between October 1, 1995, and September 30, 1996. The purpose of the grant is to fund the Library's "Read to Achieve" project in cooperation with the Lubbock Literacy program. The purpose of the "Read to Achieve" project is to reduce the incidence of illiteracy in Lubbock County. The Reading Achievement Center in the Lubbock City -County Library coordinates community literacy efforts and serves as a referral center for those needing literacy assistance. The center recruits volunteers, provides for their training, monitors student progress, and provides assistance to develop other literacy programs to accommodate local needs. "Read to Achieve" will assist in the development of the family learning center in the new northeast branch library. Grant funds will be used to purchase educational software and a literacy library collection of high interest/lower level reading materials. The literacy coordinator will recruit and train volunteers to work in the learning center. 719 City Council Minutes November 17, 1994 Page 720 Mr. Rippel indicated that the City match would be in -kind services only. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution #4668 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from Council Chambers. (25.) Consider Resolution #4669 adopting a rate change for En RESOLUTION #4669 WHEREAS, the City Council of the City of Lubbock deems it to be in best interest of the citizens of the City of Lubbock to participate in the West Texas Steering Committee Settlement recommendation with regard to amending the Energas Company's September 20, 1994, Statement of Intent to Change gas rates in Lubbock; and WHEREAS, Energas Company has filed a Supplemental Rate of November 1, 1994, in settlement with the City of Lubbock and sixty five other West Texas communities, which rate will become effective November 18, 1994; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager or his designated representative is hereby authorized and directed to notify Energas Company that the City of Lubbock has found the Settlement Recommendation negotiated between the City's Steering Committee and Energas Company to be acceptable and the Energas Supplement of November 1, 1994, to its September 20, 1994, Statement of Intent is hereby accepted for implementation as of November 18, 1994. A copy of the said Energas Supplement of November 1, 1994, is attached hereto and made a part hereof for all intents and purposes. Passed by the City Council this 17th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bettv M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney A copy of the 1994 Energas Rate Request Settlement is filed with Resolution No. 4669. 720 City Council Minutes November 17, 1994 Page 721 Robert Massengale, Assistant City Manager and Interim Director of Lubbock Power and Light, presented staff comments. On September 16, 1994, Energas Company filed a request with the City Secretary and City Council to change rates. The proposed rate request would increase the average residential gas bill by 89 cents per month. This increase would provide Energas Company with $718,765 in additional revenues. After the rate request was filed, the cities within the Energas system met to organize and to try to consider the rate request as a group rather than on an individual city basis. Energas submitted a settlement proposal that would increase the rates by 54 cents rather than 89 cents. The steering committee representing the cities within the Energas system hired a consultant to analyze the rate request. The consultant selected was Diversified Utility Consultants, Inc., from Austin, Texas. The consultant recommended that the cities accept the 54 cents per month proposal. Therefore, based on the reasonableness of the request and the confirmation by the consultant, the City staff recommended that the City Council approve the 54 cent rate increase request by Energas Company. Homer Whitfield, 1918 E. 1 st Place, appeared in opposition to the rate increase. Kelvin Bedson, Energas representative, confirmed that the rate increase will be to fund capital improvements and amortization as well as mandatory pipeline changes amounting to $4.5 million. He indicated further that this will be the first increase since 1991. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Neugebauer to authorize Resolution #4669 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551,071 (1)(A) to discuss pending or contemplated litigation (Solid Waste and Water Utilities). (27.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551,074 (a)(1) to discuss personnel matters (City Manager, Following the executive session, motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pay to Mr. Cass a pay incentive at the rate of 3 percent of his base salary. 721 City Council Minutes November 17, 1994 Page 722 (28.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551,074 (a)(1) to discuss personnel matters regarding_ duties, responsibilities, and/or appointments Board of Electrical Examiners Building Board of Appeals Community Development Advisory Committee Housing Standards Commission Lubbock Libraries Board Neighborhood Redevelopment Commission Urban Renewal Board of Commissioners/ Southeast Lubbock Development Corporation Public Responsibility Committee (Lubbock Regional MHMR Center) There being no further business to come be r Coun ' it was the consensus of Council to adjourn the meeting at 1:34 p.m. r----7 ,-- ATTEST: - ��' AK Betty M. Johnson, ity Secretary Read and approved this the 8th day of ATTEST: 1 Betty M. Johnson, City Secretary DAVID R. LANGSTON, MAYOR 722