Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 4/27/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 27, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 27th day of April 1995 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 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 10:25 A.M. ( 1.) The Invocation was given by Mayor Pro Tem Neugebauer. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Board Appointments. (4.) Presentation of a Certificate of Appreciation to the TKE Fraternity of Texas Tech University for service to the community. Councilmember Sitton made a presentation to the TKE Fraternity on behalf of the City Council and the Tech Terrace/UNIT _ Neighborhood Association for their assistance with the neighborhood's Annual Spring Clean-up, an event sponsored by Keep Lubbock Beautiful. Councilmember Sitton explained that the TKE organization has provided this community service to the Tech Terrace/UNIT residents for the past four years. During the clean-up, neighborhood alleys are cleared of brush, trash, and discarded household items. ( 5,) Joe Barron appeared on behalf of Southcrest Baptist Church to request a loudspeaker permit for April 30 1995 through May 4 1995, in conjunction with a tent revival. Mr. Barron requested a loudspeaker permit in conjunction with a tent revival at Memphis Avenue and South Loop 289. The request was for Sunday, April 30, through Thursday, May 4, 1995, from 7:00 p.m. to 8:30 p.m. Residents in the area were petitioned and all approved the event. Staff recommended approval of the loudspeaker permit. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the loudspeaker permit as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 6,) Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve the minutes of the April 13, 1995, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. City Council Minutes April 27, 1995 Page 274 ( 7.) Consider Resolution 94811 authorizing the Mayor to execute Change Order No. 8 between the City of Lubbock and BRB Contractors for the Southeast Water Reclamation Project, Contract No. 4. RESOLUTION #4811 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 Change Order No. 8 for Southeast Water Reclamation Plant Contract 4 by and between the City of Lubbock and BRB Contractors, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 8 is filed with Resolution No. 4811. This change order involves the reduction of 221,434 square feet of landscape gravel at the Southeast Water Reclamation Plant to reduce construction costs and to facilitate equipment maintenance. The change order also calls for the addition of approximately 9,200 square feet of buffalo grass, 400 linear feet of landscape edger, and approximately 155 feet of concrete landscape curb to replace a portion of the deleted landscape gravel. The remaining area will be seeded by City personnel at a later date. Change Order No. 8 would deduct a total of $51,003 from the contract. This deduction, together with seven prior change orders, would result in an overall increase of $42,577, or a 0.42 percent change to the original $10,185,000 contract. The reduction in landscape gravel should not materially affect maintenance at the wastewater plant. Staff recommended approval of this item. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4811 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 274 City Council Minutes April 27, 1995 Page 275 (8.) Consider Resolution #4812 authorizing the Mayor to execute Change Order No 2 to the 1995 Street Maintenance Contract. RESOLUTION 94812 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 Change Order No. 2 by and between the City of Lubbock and Williams & Peters Construction Co., Inc., for the 1995 Street Maintenance 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. Passed by the City Council this 27th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 2 is filed with Resolution No. 4812. Council approved Change Order No. 1 on April 13, 1995, authorizing the reduction of 52,333 square yards of streets to be sealed with the 1995 Street Maintenance Program. Change Order No. 1 was executed because the bid price of $1,744,696 was more than the available funds of $1.7 million. The execution of Change Order No. 1 also freed up funds to allow the execution of Change Order No. 2 which allows surface milling on 34th Street. The number of square yards projected to be sealed in the 1994-95 budget will still be accomplished. The increase would have no significant effect on the time required to complete the project. This Change Order represents a 1.2 percent increase to the 1995 Street Maintenance Program. Original Amount of Contract $1,744,696.66 Amount Decreased by Change Order No. 1 78,115.36 Amount Increased by Change Order No. 2 20,670.00 New Contract Total $1,687,251.30 275 City Council Minutes April 27, 1995 Page 276 Staff recommended the approval of Change Order No. 2, increasing the contract amount by $20,670. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4812 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (9.) Consider Resolution #4813 authorizing the sale of a Parcel of land by the City Council and authorizing the Mayor to execute a Quitclaim Deed in favor of Juanita Gonzalez (2902 Fordham). RESOLUTION #4813 WHEREAS, a 5,139.56 square foot tract of land out of Lot 16, Block 6, Marlin Park Addition to the City of Lubbock, Lubbock County, Texas, is hereby determined to be surplus to the needs of the City of Lubbock and can be sold, due to its size and shape, without bid procedures or publication to abutting owner for its fair market value pursuant to Section 272.001 of Vernon's Texas Codes Annotated Local Government Code. WHEREAS, said land has an appraised fair market value of $175.00, and abutting owner, JUANITA GONZALEZ, has offered to purchase said land, and this City Council has hereby determined that it would be in the public interest to sell said land to said abutting owner at said fair market value; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT said sale as hereinabove set forth in the preamble hereof is hereby approved. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Quitclaim Deed from the City of Lubbock unto the said JUANITA GONZALEZ, as Grantee, for a consideration of $175.00, in cash paid to the City of Lubbock by said Grantee, a copy of which Deed is attached hereto and shall be spread upon the minutes of this Council, and as so spread upon said minutes shall constitute and be part hereof as if fully copied herein in detail. Passed by the City Council this 27th day of April, 1995. /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 Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Quitclaim Deed is filed with Resolution No. 4813. City Council Minutes April 27, 1995 Page 277 When the right-of-way was acquired for the widening of Detroit Avenue in 1989, several whole takings (house and entire lots) were purchased. Only a portion of these lots were used for the actual road construction. Several of these remnants were developed into park areas south of Erskine Street along the west side of Detroit, and others, such as the one this resolution addresses, are not needed by the City and can be sold to the abutting property owner. Mrs. Gonzalez owns the property at 2904 Fordham and desires to purchase this 39' x 132.5' lot remnant which contains 5,139.56 square feet. The Right -of -Way Department recommended the sale of this remnant to Mrs. Gonzalez for $175, which is consistent with the price of previous remnant sales on Detroit Avenue. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4813 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) Consider Ordinance #9795 abandoning and closing a portion of a 15-foot alley located in Block 50, Roberts and McWhorter Addition (116 N. University ORDINANCE #9795 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15- FOOT ALLEY LOCATED IN BLOCK 50, ROBERTS AND McWHORTER ADDITION TO 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 closes a 15-foot wide by 600-foot long alley between Auburn and First Street, approximately 260 feet east of University Avenue. United Supermarkets is requesting that this alley be closed for expansion purposes and they will be charged for this closure. The alley area being closed totals 9,000 square feet. The land in this neighborhood has been valued at 50¢ per square foot from Appraisal District values and sales in this area. Applying this 50¢ per square foot to the area being closed, staff calculated a value of (50¢ x 9,000 square feet) $4,500. This alley area is to remain as an easement so the Right -of -Way Department values this area at 50 percent of market, or $2,250. The Right -of - Way Department has received a check for this amount and the replat has been submitted. The Right -of -Way Department recommended the first reading of this ordinance. —" Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9795 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) ORDINANCE #9776--Abandoning and closing a Portion of a 15-foot alley located in the Thompson Addition (815 48th Street. This item was deleted from the agenda. 277 City Council Minutes April 27, 1995 Page 278 (13.) Consider Resolution #4814 authorizing the City Council to approve a grant performance statement and budget and authorizing_ the Mayor to execute all related documents with the Texas Department of Housing and Community Affairs to assist the homeless. RESOLUTION #4814 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 Performance Statement on a Budget and all related documents by and between the City of Lubbock and Texas Department of Housing and Community Affairs for services to homeless individuals during 1995-96, 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 27th day of April, 1995. /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 and Neighborhood Initiative Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Performance Statement is filed with Resolution No. 4814. The State of Texas will receive $975,292 from the U.S. Department of Health and Human Services (HHS) for the FFY 1995 Emergency Community Services Homeless Grant Program (EHP). This grant will be administered by the Texas Department of Housing and Community Affairs (TDHCA) under the provisions of Subtitle D of Title VII of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77) and the McKinney amendments (Public Law 100-628 and Public Law 101-645). The City of Lubbock will be awarded $13,495 to administer the EHP Grant. These funds are available from April 1, 1995, to March 31, 1996. This grant is to be utilized primarily to assist in the prevention of homelessness. The funding of this year's grant will assist 49 households with rent and resource and referral, and $500 is to be allocated towards training and travel. This grant is 278 City Council Minutes April 27, 1995 Page 279 for direct services; no administration costs are allowed, and it is supplemented by the Community Services Block Grant. Due to the lack of administration funding, other agencies are not interested in the grant. Since this grant helps to meet the community needs, staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4814 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution #4815 for the Mayor to execute a contract with Texas Tech University Health Sciences Center, Department of Psychiatry, to administer an Employ Assistance Program, beginning June 1, 1995 for a three-year period, renewable annually. RESOLUTION 94815 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Texas Tech University Health Sciences Center Department of Psychiatry, for the City of Lubbock Employee Assistance Program (EAP), 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 27th day of April, 1995. /s/ David R. Lansg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract between the City of Lubbock and Texas Tech University Health Sciences Center Department of Psychiatry is filed with Resolution No. 4815. 279 City Council Minutes April 27, 1995 Page 280 The City of Lubbock currently provides an Employee Assistance Program (EAP) to assist employees and their immediate family members in dealing with problems associated with substance abuse, mental and emotional health, financial burdens, marital/family problems, and work related stress. The EAP provides confidential counseling services to help relieve the burden of these problems which have a direct impact on work performance, productivity, and mental health. A Request for Proposals (RFP) was prepared to solicit responses for these services. Eight responses were received for EAP services. The respondents were: Managed Care Center for Addictive/Other Disorders Employee Assistance Services A Member of Charter Plains Behavioral Health System Lubbock, Texas Lubbock, Texas The Center for Psychology & Counseling Lubbock, Texas West Texas Counseling Services Lubbock, Texas Lubbock Regional Mental Health Mental Retardation Center Lubbock, Texas Interface EAP, Inc. Houston, Texas Texas Tech University Health Sciences Center Department of Psychiatry Lubbock, Texas Behavioral Health Inc., Managed Care Services Houston, Texas The Benefits Committee reviewed each response and determined Texas Tech University would best provide the services outlined in the RFP. Texas Tech's Department of Psychiatry was selected based on availability, location and their focus on education and prevention. Texas Tech's EAP is located in an area which would provide confidentiality to visiting employees, which is a key factor in utilization. The current annual fee for EAP services is $26,750. This cost is for 5 sessions per incident. The Texas Tech EAP contract will provide 8 sessions per incident per employee annually. The Committee determined an additional 3 sessions would enhance the effectiveness of the EAP program and reduce referrals to more costly facilities. The annual cost for services with Texas Tech will be $38,850. At no additional cost, Tech will provide educational seminars and work group intervention. Staff recommended that this contract be approved and implemented. 280 City Council Minutes April 27, 1995 Page 281 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4815 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider the price and condition of sale of Parcel Number 33500-8-270 & 280 at 105 N. Avenue M in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Building Homes, Inc., for $1,250 for a 1,750 square foot single- family home valued at $46,500. The 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 staff recommended approval of the sale. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider the price and condition of sale of Parcel Number 15760-17-190 at 2626 Fir Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Texas Builders, Inc., for $400. The proposed development is a new 1,776 square foot single-family residence valued at $49,000. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on February 1, 1995. The Housing Rehabilitation staff recommended approval of the sale. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider the price and condition of sale of Parcel Number 15760-17-180 at 2624 Fir Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Texas Builders, Inc., for $400. The proposed development is a new 1,776 square foot single-family residence valued at $49,000. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on February 1, 1995. The Housing Rehabilitation staff recommended approval of the sale. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) BID 413201 Video Pine Inspection System (Water Treatment). Baker Equipment Company --Video Pipe Inspection System. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 281 City Council Minutes April 27, 1995 Page 282 (19.) BID #13209--Reroof ng Mackenzie Power Station No 2, and authorize same (Electric Productiogl RESOLUTION #4816 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 Lydick -Hooks Roofing Company of Lubbock, Inc., of Lubbock, to furnish all materials and services as bid for the Reroofing Mackenzie Power Station No. 2 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 27th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS g COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 27th day of April, 1995 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 Lydick -Hoods Roofing Company, Inc., 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. 13209-- Reroofing Mackenzie Power Station No. 2 in the amount of $97,484.00 282 City Council Minutes April 27, 1995 Page 283 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. 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: ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor APPROVED AS TO FORM: Lydick -Hoods Roofing Company. Inc. CONTRACTOR By: TITLE: Lydick -Hooks Roofing Company P.O. Box 2605 Lubbock, Texas 79408 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4816 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) BID 913218--Mae Simmons/Rodgers HVAC Renovations, and authorize same (Building Services). RESOLUTION #4817 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 Anthony Mechanical, Inc., of Lubbock, to furnish all materials and services as bid for the Mae Simmons/Rogers HVAC Renovations 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. 283 City Council Minutes April 27, 1995 Page 284 Passed by the City Council this 27th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 27th day of April, 1995 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 Anthony Mechanical, Inc., 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. 13218--Mae Simmons/Rodgers HVAC Renovations in the amount of $47,900.00 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. 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. W- City Council Minutes April 27, 1995 Page 285 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: ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Anthony Mechanical. Inc. CONTRACTOR By: TITLE: Anthony Mechanical, Inc. P.O. Box 2706 Lubbock, Texas 79408 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4817 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) BID #13222--Lubbock Power & Light Gas Turbine Exhaust Silencer (Electric Production). Noise Control Technology Corporation --Lubbock Power & Light Gas Turbine Exhaust Silencer. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) BID #13227--Fertilizer (Park Maintenance). Kitten Fertilizer & Supply, Inc.--82 Tn Ammonium Sulfate 21- 0-0, Applied; 159 Tn 16-4-12+2% Iron, Applied. Terra International, Inc.--410 Bg 16-4-12+5% Iron (50 lb. Bags) Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) BID #13228--Janitorial Paper Supplies Three -Month Pricing (Central Warehouse). Dixon Paper Company--72 CS Scott C-Fold Towels - Item #792010008; 33 CS Toilet Tissue - Item #85401000; 350 BX Disposable Shop Towels - Item #854010005; 90 CS Multifold Towels - Item #854010008; 165 CS Jumbo Toilet Paper - 854010016; 2 CS Facial Tissue - Item #854010019. 285 City Council Minutes April 27, 1995 Page 286 Gulf Coast Paper Company--18 CS Wypall Paper Towels - Item #792010028; 160 CS Roll Towels - Item #854010011. SJS, Inc.--2 CS Dixie Cups - Item #8540100004. Unisource--28 CS Hot Drink Cups - Item #854010006. Time Chemical --I CS Sanitary Pads - Item #854010009; 1 CS Tampons - Item 48540100010. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution #4818 authorizing the Mayor to execute an agreement to allow Lubbock United Neighborhood Association (LUNA) to offer concessions during the Concert in the Park series. RESOLUTION #4818 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 Concession Agreement by and between the City of Lubbock and the Lubbock United Neighborhood Association, 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 1 Ith day of May, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bettv M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Director of Culture & Leisure APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Concession Agreement is filed with Resolution No. 4818. 286 City Council Minutes April 27, 1995 Page 287 Carolyn Aliamus, Director of Culture and Leisure Services, presented staff comments. During the summer of 1994, concessions were offered by the Sports and Leisure Outdoor Section for the first time during the Concert in the Park series. This service was extremely costly with personnel and supply costs climbing higher than our actual revenue. Costs for 1994 were approximately $900, generating $225 in revenue. These concerts are conducted during June and July on various nights of the week. The concerts are also conducted at different locations to provide the area neighborhood associations summer evening entertainment fun for the whole family. In 1994 staff offered a total of 7 concerts and for 1995 staff has a total of 11 on the schedule. This year the series has been revamped to include a wider variety of music and locations. Staff will also be targeting park areas to enhance the creation for more neighborhood associations. This resolution will authorize the Mayor to enter into an agreement that will enable LUNA to recruit members of the specific neighborhood association to provide volunteers to sell concessions for their concert. The City will provide a Coke trailer with product, cups and ice (the City will get full credit on any unused portions). Each neighborhood association will pay the City a fee of $100 to cover the costs, and they will also pay the City 25 percent of the gross receipts of anything sold over $100. The associations are allowed to sell souvenirs including T-shirts and caps. They are also allowed to sell candy and additional food items at their own cost. These associations will not be allowed to prepare food on the site due to health permit regulations. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to authorize Resolution #4818 as recommended by staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Hernandez. (24.) ZONE CASE NO. 2752 (4902 and 4904 66th Street) --Hold a public hearing to consider request of Steve Duncan for a zoning change from R-1 to R-2 (for duplexes) on Lots 17 and 18, Block 5, Avalon Addition, and consider ordinance. ORDINANCE #9796 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2752; A ZONING CHANGE FROM R-1 TO R-2 '~ ZONING ON LOTS 17 & 18, BLOCK 5, AVALON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:42 a.m. Steve Duncan appeared to present this request for zone change from R-1 to R-2. 287 City Council Minutes April 27, 1995 Page 288 No one appeared in opposition. Mayor Langston closed the hearing at 10:44 a.m. Randy Henson, Senior Planner, presented staff comments. The request is an in -fill along a row of duplex lots north of 66th. Mr. Henson gave the adjacent land use relationships as follows: North - residential South - commercial East - duplex zoning West - duplex zoning The request is consistent with both Comprehensive Land Use Plan policy and zoning policy. The request will have no effect on traffic. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance #9796 as recommended by the P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (25.) ZONE CASE NO. 1756-C (north of 4th Street and east of Indiana Avenue) --Hold a public hearing to consider request of Lloyd Croslin (for Ellis Development Company) for a zoning change from C-2A to A-2 (for apartments) on all of Tracts AB, CD, E and G; the south 162 feet of Tract F; and the north 395 feet of Tract H; Westhaven Addition, and consider ordinance. ORDINANCE #9797 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1756-C; A ZONING CHANGE FROM C-2A TO A-2 ZONING ON ALL OF TRACTS AB, CD, E AND G, THE SOUTH 162 FEET OF TRACT F, AND THE NORTH 395 FEET OF TRACT H, WESTHAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:45 a.m. Lloyd Croslin appeared on behalf of Ellis Development Company to present this request for zone change from C-2A to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 10:46 a.m. City Council Minutes April 27, 1995 Page 289 Randy Henson, Senior Planner, presented staff comments. The request for apartment zoning will bring this parcel into conformance with the Comprehensive Land Use Plan and most of the adjacent land uses/zoning. Mr. Henson gave the adjacent land use relationships as follows: North - A-2 and single family zoning - most of the R-1 -- is north of the playa South - 4th Street and Texas Tech, and one single-family home East - apartments and single-family West - apartments The zone case will remove the existing case commercial (C-2A) zoning and zone the area to be consistent with the Comprehensive Land Use Plan for apartments. One resident on the south of the tract appeared at the Planning and Zoning Commission meeting in opposition to the apartments. The home has been on 4th Street for many years; the parcel is zoned A-2. By the time these units are on-line, 4th Street will be built to seven lanes. The additional traffic should not cause any significant problems. The Planning staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9797 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Hernandez excused and recused himself from any discussion and voting on this item. (26.) ZONE CASE NO. 2753 (southeast corner of 4th Street and Frankford Avenue) --Hold a public hearing to consider request of Hugo Reed and Associates (for Fluke Trusts Partnership for a zoning change from R-1 Specific Use to C-3 (for a restaurant and strip center) on a portion of Tract A, Treasure Island Addition, and consider ordinance. ORDINANCE 99798 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2753; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-3 ZONING ON A PORTION OF TRACT A, TREASURE ISLAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:48 a.m. Bernie Gradel, Jr., appeared on behalf of Fluke Trusts Partnership to present this request for zone change from R-1 Specific Use to C- 3. No one appeared in opposition. Mayor Langston closed the hearing at 10:50 a.m. City Council Minutes April 27, 1995 Page 290 Randy Henson, Senior Planner, presented staff comments. This request is a natural follow-up to the Walmart zone case for commercial on the corner of the two thoroughfares. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial The request is consistent with both the Comprehensive Land Use Plan and zoning policy. The one concern expressed by staff related to development is the seven small lots. Without a condition related to the zoning request to reduce curb cuts on 4th Street and Frankford Avenue, the public could potentially experience six new curb cuts on 4th Street within a 500-foot area and six on Frankford within a 566-foot area. The zone case for Walmart restricted curb cuts for Walmart and the two out parcels along 4th Street to three curb breaks. The staff proposed a limit of two curb cuts on 4th Street and two on Frankford Avenue for this area of land. Using shared drives should adequately service the property and not cause a serious deterioration of through traffic on the adjacent thoroughfares. The staff also requested site plan and construction material reviews prior to a construction permit. With the seven small lots possibly being owned by separate businesses, maintaining a compatibility of design and appearance will require a lot of coordination and thought by the developer. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: Curb cuts shall be limited to a maximum of two curb cuts each for 4th Street and Frankford Avenue. A site plan, including building elevations showing materials, color and texture, and a detailed landscape and irrigation plan, shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance #9798 with conditions recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. 290 City Council Minutes April 27, 1995 Page 291 (27.) ZONE CASE NO. 1875-Q-2 (6800 19th Street) --Hold a public hearing to consider request of Burl Masters (for CMH, Inc.) for a zoning change from R-1 and C-4 to R-1 Specific Use (for a mobile home park) on Lot 2, Commanders Addition, and consider ordinance. ORDINANCE #9799 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-2; A ZONING CHANGE FROM R-1 AND C-4 TO R-1 SPECIFIC USE ZONING FOR A MOBILE HOME PARK ON LOT 2, COMMANDERS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:53 a.m. Burl Masters appeared on behalf of CMH, Inc., to present this request for zone change from R-1 and C-4 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:00 a.m. Randy Henson, Senior Planner, presented staff comments. The request is expansion of an existing mobile home park. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - Elm Grove Golf Course East - R-2, garden/town homes West - existing mobile home park As residential, the proposal is consistent with the Comprehensive Land Use Plan. The proposal is also compatible with zoning policy. Chapter 15 of the Code of Ordinances outlines development guidelines for mobile home parks. These are requirements not subject to change through the zoning process. The proponent has indicated the intent to comply with all of Chapter 15. With a private drive to 19th Street and access to Milwaukee at the half section on 26th Street, the project should have little effect on traffic in the area. With circumstances and land uses surrounding this parcel, the proposed use is one of few that will create an efficient use of the property. It is the opinion of the Planning staff that these facilities are an asset and needed within our community. The single condition of zoning requested by the staff at the hearing is a screening fence the full length of the east boundary adjacent to the R-2 zoned area. An item overlooked by both staff and the proponent at the Planning Commission hearing was a sign on 19th Street. With ownership of only 50-feet along 19th Street, an adequate sign would not be available by the Code of Ordinances. Mr. Masters proposed a sign and requested that it be made a part of the Specific Use Permit. 291 City Council Minutes April 27, 1995 Page 292 The Planning Commission recommended approval of the request subject to the following condition: A screening fence shall be constructed on the east property line adjacent to the residentially zoned property (R-2). With consideration for the sign, the staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to pass on first reading Ordinance #9799 with the condition stated and also to include a signage requirement as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Hernandez was absent from Council Chambers. (28.) ZONE CASE NO.2747 (2301 Auburn) --Hold a public hearing to consider appeal of Linda DeLeon and Marina L. Garcia (for Jackson Neighborhood Association) for a zoning change from M-2 to C-2 on Lot 2, Sundown Addition, and consider ordinance. ORDINANCE 99800 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2747; A ZONING CHANGE FROM M-2 TO C-2 ZONING ON LOT 2, SUNDOWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:10 a.m. Linda DeLeon, Marina L. Garcia and Mikel Ward appeared to present this request for zone change from M-2 to C-2. Stan Workman appeared in opposition. Mayor Langston closed the hearing at 11:37 a.m. Randy Henson, Senior Planner, presented staff comments. The request is to rezone a parcel from M-2 to C-2. The request was denied by the Planning and Zoning Commission. The residents of the Jackson Neighborhood presented a description of existing land uses in the area adjacent to Cavazos Junior High School. The Wilbert Vault Company bought the property in question, correctly zoned, as a larger parcel with buildings to meet a need for growth. Since the issue is rezoning property that has been zoned heavy industrial for 53 years, the planning staff reviewed the background of the area in greater detail than for most zone change requests. Public schools are a permitted use beginning in the R-1 Single - Family District and have been treated as eligible in any district since 1942. 292 City Council Minutes April 27, 1995 Page 293 The staff was also careful to point out that City land use policies, especially since adoption of the first Comprehensive Land Use Plan in 1975, have never promoted location of either residential or schools immediately adjacent to industrially zoned property. However, as noted by Ms. DeLeon in her presentation, the decision to locate the school at the present site was the result of a complex set of circumstances and the final choice happened to be located in the midst of an area zoned R-3, C-4, M-1 and M-2 for the better part of 50 years. Mr. Henson gave the adjacent land use relationships as follows: North - Cavazos athletic fields South - railroad tracks, City park and residential East - industrial property West - industrial property The area south of Auburn, east of University, was annexed in 1921. This annexation included the site in question and the Roberts and McWhorter Subdivision (the Jackson Neighborhood Association). In 1942, when zoning was adopted for the first time in Lubbock, two triangles south of the railroad, one north of 2nd Street and west of Waco Avenue and the other north of 1 st Street and west of Avenue U were zoned "J" for Industrial. The triangle north of the railroad, east of University and south of Auburn was zoned "L" for manufacturing. That original zoning persists today north of the railroad as "M-2," heavy manufacturing. Parts of the area south of the railroad have been rezoned to high density apartment zoning and single family, while one part remains M-1. In 1975, the Comprehensive Plan paralleled the existing uses where trailer parks had been built noting "residential" and indicated "commercial" versus "industrial" for the triangle being discussed, although the zoning remained M-2. The existing zoning is not consistent with the Plan. The Wilbert Vault Company has occupied the property and is doing business as a permitted use under the current zoning. Should the zone district for the parcel be changed, the business will be entitled to continue as legal non -conforming. With non- conforming status, the business cannot add new structures without Zoning Board of Adjustment approval, but can continue current operations until the use has ceased for one year. The staff expressed a concern that staff needs to look at the issue from a larger perspective - the entire triangle formed by the railroad, University Avenue and Clovis Highway. However, that would not cure the immediate objective for the neighborhood association of not having this business move in. The zone case is only a small portion of the M-2 zoning in the area, much less adjacent M-1 and C-4. Based on both Planning Commission denial and more than 20 percent opposition, Council approval would require six affirmative votes. The staff supports the denial of the Planning and Zoning Commission, based on the opinion that the zone change will not remedy the larger land use issues that will remain for this area. 293 City Council Minutes April 27, 1995 Page 294 Mayor Pro Tern Neugebauer expressed a concern that the Council would be setting a precedent of asking landowners to down zone their property and that the Council would be taking property rights away from Wilbert Vault Company if the Council voted to rezone the area. Mayor Langston addressed the fact that the neighborhood association has worked diligently to effect the change in the character of the neighborhood and that the down zoning would not injure the landowners in an inequitable manner. Mayor Langston indicated that the Council should act favorably on the zone change request since the neighborhood association has taken the initiative to improve the neighborhood and the area around the school. Councilmember Ince commented that the zone change would not adversely affect the present landowners and that the present landowners can appeal to the Zoning Board of Adjustment for non- conforming use if they choose to expand the business. Councilmember Hernandez expressed his appreciation for Wilbert Vault Company's minority hiring practices and indicated his pro - business advocacy. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to overrule denial of the zoning change by the P&Z, to direct staff to conduct a comprehensive land use plan for the area, and to pass on first reading Ordinance 99800. Motion carried: 6 Yeas; 1 Nay --Mayor Pro Tern Neugebauer. Mayor Langston left the Council Chambers at this time and turned the gavel over to Mayor Pro Tern Neugebauer to preside over the Council meeting. (29.) Consider Resolution 44819 authorizing the City Manager to execute revised standard form interlocal agreements for animal control services with Lubbock area cities, including Buffalo Springs Idalou, New Deal, Petersburg, Ransom Canyon, Shallowater and Wolfforth. RESOLUTION 44819 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 execute for and on behalf of the City of Lubbock all Interlocal Animal Control Services Agreements in substantially the same form as the attached Agreements with various political subdivisions desiring to utilize City of Lubbock animal control services. Copies of such form Interlocal Animal Control Services Agreements are attached _.. City Council Minutes April 27, 1995 Page 295 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. Passed by the City Council this 1 Ith day of May, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Charles Overstreet Charles Overstreet, D.V.M., Animal Control Supervisor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Animal Control Services Agreement is filed with Resolution No. 4819. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. The City of Lubbock has existing contracts for euthanizing dogs with some of its neighboring cities that date back to 1979. The fees for this service range from 50¢ to 75¢, varying according to city. These proposed contracts allow Lubbock Animal Control to charge a more equitable fee ($10 for each city) for services offered to these cities. The involved cities are all in favor of the proposed contracts. Lubbock Animal Control recommended the approval of this resolution to assist our neighboring cities with animal services. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4819 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Langston and Councilmember Ince were absent from Council Chambers. 295 City Council Minutes April 27, 1995 Page 296 (30.) Consider Resolution 94820 authorizing the Mayor to execute an amendment and pertinent documents which will amend the CDBG Program to take $20,000 from the CDBG Economic Development category to CDBG Public Facilities category for Graco Real Estate Development for sidewalk, curb and gutter construction. RESOLUTION 44820 WHEREAS, the City of Lubbock 1994-1995 Community Development Block Grant Application allocated two hundred forty five thousand dollars ($245,000.00) in the budget for Economic Development and four hundred sixty-three thousand five hundred forty-nine dollars ($463,549.00) in the budget for Public Facilities/ Capital Improvements; and WHEREAS, the City of Lubbock desires to reallocate twenty thousand dollars ($20,000.00) in the budget from Economic Development to Public Facilities/ Capital Improvements 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 reallocate said funds; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a memorandum amending the 1994-1995 Community Development Block Grant Application to reallocate twenty thousand dollars in the budget from Economic Development to Public Facilities/Capital Improvements. Said memorandum 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 27th day of May, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goy Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the memorandum amending the 1994-1995 Community Development Block Grant Application is filed with Resolution No. 4820. 296 City Council Minutes April 27, 1995 Page 297 Doug Goodman, Managing Director of Health and Community Services, presented staff comments. Graco Real Estate Development has approached the City of Lubbock for economic development/infrastructure assistance. In the proposed redevelopment of this property, a medical clinic will be built to provide medical services for the surrounding communities, particularly affecting the Jackson and Arnett -Benson neighborhoods. These two neighborhoods are low/moderate areas of the CDBG program. Bob Muzyka, a representative of Graco Real Estate Development, indicated that the clinic, sponsored by St. Mary of the Plains Hospital, will be benefiting low/moderate income persons in those areas. This project also assists the revitalization of these areas, given the proposed east -west Freeway that will displace businesses along 4th Street. Graco Real Estate will retain ownership of the property, and St. Mary's Hospital will lease the land. Graco Real Estate has requested that the City assist with this project by providing $20,000 for the construction of a sidewalk on the perimeter of the property located at 301 North University. This estimate was obtained from Lee Lewis Construction Company, which has contracted for the other parts of the project. On February 25, 1994, the City Council approved an economic development project with CDBG monies for $245,000 to undertake direct financial assistance and commercial facade improvements for businesses. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #4820 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston was absent from Council Chambers. (31.) Consider Resolution #4821 authorizing the Mayor to execute on behalf of the City a revolving loan funding, agreement with the South Plains Association of Governments. RESOLUTION #4821 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 Revolving Loan Funding Agreement between the City of Lubbock and South Plains Association of Governments to make available financial assistance for eligible businesses through the continued use of 297 City Council Minutes April 27, 1995 Page 298 the CDBG funds from the City of Lubbock in the SPAG Revolving Loan Fund. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th day of May, 1995. /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 A copy of the Revolving Loan Funding Agreement is filed with Resolution No. 4821. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. The City of Lubbock has provided a total of $125,000 in Community Development Block Grant (CDBG) funds to the South Plains Association of Governments' Revolving Loan Fund between 1989 and 1994, pursuant to the Housing and Development Act of 1974, as amended to 42 U.S.C. 5301 et. seq., and 24 CFR 570 et. seq. The previous agreement has expired. Since the remaining funds in the revolving fund are considered program income by the U.S. Department of Housing and Urban Development (HUD), an agreement needs to be in place. As of February 28, 1995, $87,094 is in the revolving loan account, with forecasted repayment income of $68,657. The loans are to be used for the purpose of providing economic development funds to businesses and projects eligible under the CDBG guidelines; the revolving plan funds will be used to assist low/moderate income individuals in the CDBG area in the City of Lubbock. As part of the City Council's directive to develop partnerships in the community, the South Plains Association of Governments and the City of Lubbock have developed a true partnership, which has assisted over six different businesses in the Community Development area. Staff recommended entering into a three-year agreement beginning April 27, 1995. 298 City Council Minutes April 27, 1995 Page 299 Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #4821 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston was absent from Council Chambers. Mayor Langston returned to Council Chambers and presided over the Council meeting. (32.) Consider Resolution 44822 authorizing the Mayor to designate 8500,000 from Hotel/Motel Tax Reserve effective October 1995, for the development of a facility to house the Fine Arts Center, Buddy Holly Display, and Visitor Information Center. RESOLUTION 94822 WHEREAS, the City Council of the City of Lubbock is granted authority by Chapter 351 of the Tax Code to expend Municipal Hotel Occupancy taxes for visitor information centers; and WHEREAS, the City of Lubbock has many attractions that it deems to be of interest to visitors to the City; and WHEREAS, a suitable location is needed for the display of such items of interest as the Buddy Holly memorabilia display and fine arts; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to designate a portion of the municipal hotel occupancy tax reserve fund for such a facility; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the designation of $500,000 of the municipal hotel occupancy tax reserve fund for dedication to a Visitor Information Center/Fine Arts Center/Buddy Holly Display for the City of Lubbock and such funds are to be reserved until such time as needed for the said Visitor Information Center/Fine Arts Center/Buddy Holly Display. Passed by the City Council this 27th day of May, 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Director of Culture/ Leisure & Recreation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 299 City Council Minutes April 27, 1995 Page 300 Carolyn Aliamus, Director of Culture and Leisure Services, presented staff comments. In October 1994, the Hotel/Motel Tax Review Committee made a recommendation to the City Council in regard to product development. The recommendation stems from the lack of a suitable Fine Arts Center, the recent acquisition of the Buddy Holly Collection, and a need for a central distribution of visitor information. The proposal presented the development of a facility to house the Fine Arts Center, Buddy Holly Display and Visitor Information Center. The committee's recommendation is supported by the Goals for the 21 st Century subcommittee on Culture, Recreation, Arts, and the Municipal Arts. With the designation of hotel/motel tax dollars, staff can begin the process of preparing the appropriate documentation in order to raise the additional funds needed to complete the center. The designation of funds will be used as a challenge grant in order to raise money from foundations, grants and local fundraising efforts. The proposed Fine Arts/Buddy Holly/Visitor Information Center is estimated to cost $2 million dollars. All preparations regarding this project will be presented to Council prior to any expenditure made from the designated amount. It is the commitment of staff to raise the additional $ 1. 5 million to execute this project. City staff recommended designating $500,000 of Hotel/Motel Tax Reserve funds for the development of a cultural amenity that will be the home of the Lubbock Fine Arts Center, Visitor Information, and the Buddy Holly Collection. Staff will not expend funds for the project until site, programming and additional funding is raised to complete the center. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4822 as recommended by staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Hernandez. (33.) Consider Ordinance #9801 amending the allocation of Hotel/Motel Occupancy Tax effective October 1995 ORDINANCE #9801 AN ORDINANCE AMENDING SECTION 26-22, SUBSECTION (b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ALLOCATION OF HOTEL OCCUPANCY TAX REVENUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Carolyn Aliamus, Director of Culture and Leisure Services, presented staff comments. The hotel/motel occupancy tax is a levy upon the cost of any room furnished by a hotel, where such cost of occupancy is at the rate of $2.00 or more per day and if the occupant's use extends for a period of less than 30 days. Collection of this tax is the responsibility of the Finance Department. The Hotel/Motel tax rate is 7 percent for the city and 6 percent for the state, for a total of 13 percent. Each taxing entity collects its portion of the tax. 300 City Council Minutes April 27, 1995 Page301 In April 1994, the City Council appointed a 15-member advisory committee to analyze the current distribution of tax and make recommendations on coordination and consolidation of the funds. The advisory committee presented their recommendations to the City Council in October 1994. The Council advised the committee to present the recommendations to entities related to the reallocation. The committee's goal is to position Lubbock as a national convention and tourism destination and create a centralized marketing entity to promote Lubbock, and to reallocate the hotel/motel tax in order to achieve the goal. This goal and the proposed reallocation was presented to nine entities. All entities endorsed the proposal. The proposed reallocation of hotel/motel occupancy tax is as follows: Debt service for Renovation of Municipal Civic Center with excess dedicated to Civic Center marketing efforts 2 cents This allocation will serve as debt service on $2 million dollars with excess dedicated to marketing Civic Center and Coliseum. The renovation project is targeted to interior updating of facility. Convention and Tourism Bureau 3 cents The Convention and Tourism Bureau efforts will focus on an aggressive marketing plan targeting leisure, convention and group travelers. The main objective will be to fill hotel rooms and advertise Lubbock's cultural amenities. Lubbock Arts Alliance 4/10 cent The Lubbock Arts Alliance will continue to assist in underwriting local cultural arts related programming for non-profit organization. Municipal Arts Administration 4/10 cent The Municipal Arts Department will utilize funds to offset administrative costs associated with the development and operation of Fine Arts Center/Buddy Holly Display. Inbound Tourist Travel Airport Marketing 7.5/100 cent The Lubbock International Airport will use funds to market and promote accessibility to Lubbock. Visitor Information Center Administration 7.5/100 cent Funds will be used to underwrite administrative and operation costs associated with running a central distribution center for visitor information on Lubbock. Visiting Participatory & Spectator Sports Marketing 8/10 cent 301 City Council Minutes April 27, 1995 Page 302 Sports Marketing efforts will be geared toward recruiting all types of sporting events to Lubbock in order to generate additional overnight stays. Tourism Reserve Fund 1 /4 cent Fund to be used for special projects that have a positive impact in making Lubbock a travel destination. The proposed reallocation will be effective October 1, 1995. City staff recommended Council approval of tax reallocation. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution #9801 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (34.) Consider Resolution #4823 authorizing the Mayor to create a temporary committee whose purpose shall be to work with the board of directors of both Civic Lubbock, Inc., and Convention and Tourism Bureau of Lubbock Inc. in order to bring about a merger of the two corporations RESOLUTION #4823 WHEREAS, Civic Lubbock, Inc., and the Convention and Tourism Bureau of Lubbock, Inc., both Texas not for profit corporations, have been created to assist the City of Lubbock with regard to its municipal operations; and WHEREAS, since the duties and functions of such corporations are very similar, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to work toward combining such corporations into a single corporation to perform the duties and functions of both corporations; and WHEREAS, the City Council deems it advisable to establish a committee to facilitate the merger of said corporations into a single corporation which will better serve the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to appoint one member of the City Council to serve with the President and Vice President of Civic Lubbock, Inc., and the Convention and Tourism Bureau of Lubbock, Inc., as a temporary committee to facilitate the merger of Civic Lubbock, Inc., and the Convention and Tourism Bureau of Lubbock, Inc., into a single not for profit corporation to serve the 302 City Council Minutes April 27, 1995 Page 303 City of Lubbock in its municipal functions. The term of such committee members shall be until such time as a merger of the two corporations into a single not for profit corporation combining the functions of both corporations has been accomplished. Passed by the City Council this 27th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte' Debra Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Carolyn Aliamus, Director of Culture and Leisure Services, presented staff comments. In April 1994, City Council appointed a 15-member committee to analyze the use of the hotel/motel occupancy tax and recommended ways to consolidate and coordinate efforts. The Committee made their recommendations to City Council in October 1994. The Hotel/Motel Tax Committee goal is to position Lubbock as a national convention and tourism destination and create a centralized marketing entity to promote Lubbock. In order to centralize and coordinate marketing efforts, the committee recommended the creation of one marketing entity for the City of Lubbock. The temporary committee will be comprised of President and Vice - President, Civic Lubbock, Inc.; President and Vice -President, Convention and Tourism Bureau of Lubbock, Inc.; and one member of the Lubbock City Council appointed by the Mayor. The committee will be charged with facilitating the merger of Civic Lubbock, Inc., and the Convention and Tourism Bureau of Lubbock, Inc., into a single non-profit corporation. The corporation will serve until the merger is completed The corporation will be responsible for marketing, entertainment, _ travel, tourism and sports on behalf of Lubbock. Funding for the corporation will be from the hotel/motel occupancy tax and net revenues generated from concession sales at the Municipal Auditorium/Coliseum and Civic Center, novelty sales and Select - A -Seat. City staff recommended the appointment of a temporary committee to facilitate the merger of Civic Lubbock, Inc., and the Convention and Tourism Bureau of Lubbock, Inc. 303 City Council Minutes April 27, 1995 Page 304 Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4823 as recommended by staff and to instruct the committee to proceed as expeditiously as possible. Motion carried: 7 Yeas; 0 Nays. (35.) Consider Ordinance #9802 amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas, with regard to wastewater systems, including changes to the sewer surcharge program. ORDINANCE #9802 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TAPPING MAINS; PURPOSE AND POLICY; DEFINITIONS; CONSTRUCTION OF ON -SITE SEWERAGE SYSTEMS; RATES CHARGED FOR SEWER SERVICE; PAYMENT FOR SANITARY SEWER LINE BLOCKAGES; PAYMENT FOR TREATMENT OF WASTE WATER SPILLAGE; GENERAL DISCHARGE PROHIBITIONS; SPECIFIC POLLUTANT LIMITATIONS; EXCESSIVE DISCHARGE; ACCIDENTAL DISCHARGE; HAZARDOUS WASTE DISCHARGES; UPSET; APPLICATION SIGNATORIES AND CERTIFICATION; WASTEWATER DISCHARGE PERMIT MODIFICATION; WASTEWATER DISCHARGE PERMIT APPEALS; PRELIMINARY TREATMENT FACILITIES; SEPTIC TANK EMPTYING; BASELINE MONITORING REPORTS; REPORTS FROM UNPERMITTED USERS; NOTICE OF VIOLATION; BYPASS; PENALTIES; FALSIFYING INFORMATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Terry Ellerbrook, Director of Water Utilities, presented staff comments. Lubbock's sewer surcharge program is intended primarily to protect the wastewater facilities from excessive strength waste and possible permit violations and to comply with requirements of the Clean Water Act. Permit violations have occurred in the past due to excessive strength waste entering the treatment plants, and these violations are projected to continue unless the strength of the raw sewage entering the plants is reduced. The strength of waste being produced by surcharge customers has increased steadily for several years. This is of particular concern because the City recently acquired a federal wastewater permit which requires development of a pretreatment program to ensure that the treatment facilities are adequately protected from high strength waste. Once this pretreatment program is approved, the City will be subjected to Environmental Protection Agency oversight and enforcement and to potential fines for non- compliance. Also, new Texas Natural Resource Conservation Commission (TNRCC) permit limits are expected to be lower than current limits, and the new treatment facilities which are currently under construction are not projected to be able to consistently treat excessive strength waste to permitted levels. Another significant factor is that the TNRCC has been very understanding concerning permit compliance during the construction phase, but will expect compliance once the construction is complete. 304 City Council Minutes April 27, 1995 Page 305 Staff recommended two changes to correct the problems with the surcharge system. First, total cost recovery of actual treatment costs should be required of surcharge customers. This could result in an increase of up to 73 percent in surcharge cost, assuming industries continue to send the same strength of waste for treatment. However, it is likely that industries can reduce the strength of waste being discharged, and reduce their surcharge, by improving management practices and/or providing pretreatment prior to discharge. The objective of the surcharge is not to produce revenue, but to reduce the strength of waste entering the plant and reduce the possibility of permit violations. Staff recommended that this rate increase become effective by October 1, 1995. This date is recommended because 1) new construction will be complete and TNRCC will expect compliance, 2) the new, more restrictive permit limits will be in effect, 3) the EPA pretreatment program oversight will be in effect, and 4) the season of high strength influent will begin at that time. The second recommended change would add a penalty of up to the State maximum (currently $10,000 per day per violation) to the ordinance to prevent shock loading from industry, specifically for Biochemical Oxygen Demand (BOD) exceeding 3,000 mg/1(daily average) or 5,000 mg/1(grab limit). This penalty would be implemented immediately to prevent potential fines from the TNRCC of up to $10,000 per day and/or from the EPA of up to $25,000 per day. These changes will result in Lubbock's surcharges to industry becoming more in line with other Texas cities, but the rates will still remain substantially less than the average. The industries will be charged no more than the actual cost of treatment for the waste they generate, and the Clean Water Act requirement of equitable cost recovery will be met. Finally, the risk of possible permit violations will be substantially reduced. Other changes to Chapter 28 of the Code of Ordinances are required to comply with the requirements of the City's NPDES (EPA) permit which became effective on July 1, 1994. In accordance with this permit, the City is required to develop an EPA approved pretreatment program by July 1, 1995. The proposed changes will ensure that Lubbock's pretreatment program and sewer ordinance are in compliance with all applicable State and Federal laws. The changes are consistent with current practices and should have minimal impact on existing or future sewer system users. The proposed surcharge system changes are necessary to prevent possible State and Federal permit violations and protect against fines. The other changes to Chapter 28 of the Code of Ordinances are required by the EPA prior to approval of the City's pretreatment program. Staff recommended approval of this item. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance #9802 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 305 City Council Minutes April 27, 1995 Page 306 (36.) Consider Resolution 44824 nominating United Supermarket 9501 for enterprise zone project designation. RESOLUTION 44824 WHEREAS, the Texas Department of Commerce ("Commerce") designated the Lubbock North Enterprise Zone (the "Zone") on June 7, 1993 and amended said zone on February 11, 1994; and WHEREAS the City Council for the City of Lubbock, Texas desires to pursue the creation of the proper and social environment in order to induce the investment of private resources in productive business enterprises located in enterprise zones and to provide employment to residents of the enterprise zones and to other economically disadvantaged individuals; and WHEREAS, the Texas Department of Commerce will only consider an enterprise project application from UNITED SUPERMARKETS, INC., #501 pursuant to a nomination and an application made by the City of Lubbock, provided UNITED SUPERMARKETS, INC., #501 is located in a designated enterprise zone within its jurisdiction; and WHEREAS, pursuant to the Texas Enterprise Zone Act (Chapter 2303 of the Government Code), UNITED SUPERMARKETS, INC., #501 has applied to the City of Lubbock for designation as an enterprise project; and WHEREAS, the City of Lubbock finds that UNITED SUPERMARKETS, INC., #501 meets the criteria for designation as an enterprise project under Section 2303.403 of the Government Code (Section 3 of Acts 1993, 73rd Leg.,Ch. 974). UNITED SUPERMARKETS, INC., #501 is a qualified business under Section 2303.401 of the Government Code (Section 2 of Acts 1993, 73rd Leg.Ch. 974) since it will be engaged in the active conduct of a trade or business in the enterprise zone and at least twenty-five percent (25%) of the business employees will be residents of the Lubbock Enterprise Zone or economically disadvantaged individuals. A Qualified Business Certification to comply with this provision by the Applicant is attached hereto as Exhibit A and made a part hereof for all purposes. 2. UNITED SUPERMARKETS, INC., #501 is located in an enterprise zone which has an unemployment rate of one and one-half ( 1'/2) times the state unemployment rate and is an economically distressed area because it has a zone poverty rate of at least twenty percent (20%). There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the enterprise zone; and 4. The designation of UNTIED SUPERMARKETS, INC., #501 as an enterprise project will contribute significantly to the achievement of the plans of the City of Lubbock for the development and revitalization of the enterprise zone. WHEREAS, the City of Lubbock finds that UNITED SUPERMARKETS, INC., #501 meets the criteria for tax relief and other incentives adopted by the City of Lubbock and nominates UNITED SUPERMARKETS, INC., #501 on the grounds that it will be located wholly within the enterprise zone, and will create a higher level of employment, economic activity and stability; and il•, City Council Minutes April 27, 1995 Page 307 WHEREAS, the City of Lubbock finds that it is in the best interest of the City of Lubbock to nominate UNITED SUPERMARKETS, INC., #501 as an enterprise project pursuant to the Act; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the findings of the City Council and its action approving this resolution taken at the Council meeting are hereby approved as adopted. BE IT FURTHER RESOLVED that UNITED SUPERMARKETS, INC., #501 is a "qualified business," as defined in Section 2303.401 of the Government Code (Section 2 of Acts 1993, 73rd Leg.,Ch. 974), and meets the criteria for designation as an enterprise project, as set forth in Section 2303.403 of the Government Code (Section 3 of Acts 1993, 73rd Leg.,Ch. 974) of the Texas Enterprise Zone Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of approval and designation of the enterprise project by the Texas Department of Commerce and terminate five (5) years after that date of designation. Passed by the City Council this 27th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Letter, Exhibits A, B and C are filed with Resolution No. 4824. Joel Beesinger, Interim Director of Business and Economic Development, presented staff comments. United Supermarkets plans to build a new store in the north enterprise zone at the corner of Parkway and Zenith. They have requested that the City nominate them for enterprise zone project designation. This would be the first enterprise zone project that staff has done. In this process, the City of Lubbock has to file an application with the Texas Department of Commerce, a resolution must be passed by the City Council, and a letter must be signed by the Mayor stating that the City of Lubbock would like to nominate United #501 as an enterprise zone project. 307 City Council Minutes April 27, 1995 Page 308 By being designated an enterprise zone project, United #501 would have access to state incentives such as: Refund of up to $1.25 million in state sales or use tax paid on taxes paid for building materials and machinery and equipment for use in the enterprise zone by a state - designated enterprise project at the rate of no more than $250,000 per year. The project is allowed up to $2,000 refund for each of 110 percent of the new or retained permanent jobs the designated project commits to create in its application for a 5-year designation period for up to 625 jobs. Jobs are certified by the Texas Department of Commerce to have been created, and taxes are verified by the State Comptroller of Public Accounts to have been paid on qualified items before refund is made. Franchise tax reductions for state -designated enterprise proj ects. Once the application has been filed, the Texas Department of Commerce will make a decision whether to grant the project designation. These designations are made on a competitive basis. United Store #501 will create 75 new jobs and retain 50 jobs in the north enterprise zone. This designation will allow them to access state incentives as well as local enterprise zone incentives. This project will aid in obtaining the objective of the City which is to create the proper economic and social environment to induce investment of private resources in productive business enterprises located in severely distressed areas of the City, such as the north enterprise zone, and provide employment to residents of such areas. Staff recommended approval of the resolution nominating United Store #501 for enterprise zone project designation. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4824 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (37.) Consider Resolution 44825 nominating United Supermarket 4503 for enterprise zone project designation. RESOLUTION #4825 WHEREAS, the Texas Department of Commerce ("Commerce") designated the Lubbock North Enterprise Zone (the "Zone") on June 7, 1993 and amended said zone on February 11, 1994; and WHEREAS the City Council for the City of Lubbock, Texas desires to pursue the creation of the proper and social environment in order to induce the investment of private resources in productive business enterprises located in enterprise zones and to provide employment to residents of the enterprise zones and to other economically disadvantaged individuals; and 308 City Council Minutes April 27, 1995 Page 309 WHEREAS, the Texas Department of Commerce will only consider an enterprise project application from UNITED SUPERMARKETS, INC., #503 pursuant to a nomination and an application made by the City of Lubbock, provided UNITED SUPERMARKETS, INC., #503 is located in a designated enterprise zone within its jurisdiction; and WHEREAS, pursuant to the Texas Enterprise Zone Act (Chapter 2303 of the Government Code), UNITED SUPERMARKETS, INC., #503 has applied to the City of Lubbock for designation as an enterprise project; and WHEREAS, the City of Lubbock finds that UNITED SUPERMARKETS, INC., #503 meets the criteria for designation as an enterprise project under Section 2303.403 of the Government Code (Section 3 of Acts 1993, 73rd Leg.,Ch. 974). UNITED SUPERMARKETS, INC., #503 is a qualified business under Section 2303.401 of the Government Code (Section 2 of Acts 1993, 73rd Leg.Ch. 974) since it will be engaged in the active conduct of a trade or business in the enterprise zone and at least twenty-five percent (25%) of the business employees will be residents of the Lubbock Enterprise Zone or economically disadvantaged individuals. A Qualified Business Certification to comply with this provision by the Applicant is attached hereto as Exhibit A and made a part hereof for all purposes. 2. UNITED SUPERMARKETS, INC., #503 is located in an enterprise zone which has an unemployment rate of one and one-half ( 1'/2) times the state unemployment rate and is an economically distressed area because it has a zone poverty rate of at least twenty percent (20%). 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the enterprise zone; and 4. The designation of UNTIED SUPERMARKETS, INC., #503 as an enterprise project will contribute significantly to the achievement of the plans of the City of Lubbock for the development and revitalization of the enterprise zone. WHEREAS, the City of Lubbock finds that UNITED SUPERMARKETS, INC., #503 meets the criteria for tax relief and other incentives adopted by the City of Lubbock and nominates UNITED SUPERMARKETS, INC., #503 on the grounds that it will be located wholly within the enterprise zone, and will create a higher level of employment, economic activity and stability; and WHEREAS, the City of Lubbock finds that it is in the best interest of the City of Lubbock to nominate UNITED SUPERMARKETS, INC., #503 as an enterprise project pursuant to the Act; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the findings of the City Council and its action approving this resolution taken at the Council meeting are hereby approved as adopted. BE IT FURTHER RESOLVED that UNITED SUPERMARKETS, INC., #503 is a "qualified business," as defined in Section 2303.401 of the Government Code (Section 2 of Acts 1993, 73rd Leg.,Ch. 974), and meets the criteria for designation as an enterprise project, as set forth in Section 2303.403 of the Government Code (Section 3 of Acts 1993, 73rd Leg.,Ch. 974) of the Texas Enterprise Zone Act. 309 City Council Minutes April 27, 1995 Page 310 BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of approval and designation of the enterprise project by the Texas Department of Commerce and terminate five (5) years after that date of designation. Passed by the City Council this 27th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Letter, Exhibits A, B and C are filed with Resolution No. 4825. Joel Beesinger, Interim Director of Business and Economic Development, presented staff comments. United Supermarkets plans to build a new store in the north enterprise zone at 106 N. University. They plan to tear down the present 10,000 square feet store and build a new one of 55,000 square feet. They have requested that the City nominate them for enterprise zone project designation. This would be the first enterprise zone project that staff has done. In this process, the City of Lubbock has to file an application with the Texas Department of Commerce to nominate United #503 as an enterprise zone project, a resolution must be passed by the City Council, and a letter must be signed by the Mayor stating that the City of Lubbock would like United #503 designated as an enterprise zone project. By being designated an enterprise zone project, United 4503 will have access to state incentives such as: Refund of up to $1.25 million in state sales or use tax paid on taxes paid for building materials and machinery and equipment for use in the enterprise zone by a state - designated enterprise project at the rate of no more than $250,000 per year. The project is allowed up to $2,000 refund for each of 110 percent of the new or retained permanent jobs the designated project commits to create in its application for a 5-year designation period for up to 625 jobs. Jobs are certified by the Texas Department of Commerce to have been created, and taxes are verified by the State Comptroller of Public Accounts to have been paid on qualified items before a refund is made. 310 City Council Minutes April 27, 1995 Page 311 Franchise tax reductions for state -designated enterprise proj ects. Once the application has been filed, the Texas Department of Commerce will make a decision whether to grant the project designation. These designations are made on a competitive basis. United Store #503 will create 75 new jobs and retain 50 jobs in the north enterprise zone. This designation will allow them to access state incentives as well as local enterprise zone incentives. Staff recommended approval of the resolution nominating United Store #503 for enterprise zone project designation. This project will aid in obtaining the objective of the City to create the proper economic and social environment to induce investment of private resources in productive business enterprises located in severely distressed areas of the City, such as the north enterprise zone, and provide employment to residents of such areas. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4825 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (38.) Consider Ordinance #9803 authorizing the issuance of "City of Lubbock, Texas, Tax and Airport Surplus Revenue Certificates of Obligation, Series 1995"; levying an ad valorem tax upon all taxable property in the City and providing for a pledge of the Surplus Revenues of the City's Airport for the payment of said Certificates; prescribing the terms and details of such Certificates and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said Certificates, including the approval of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. ORDINANCE #9803 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1995"; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND PROVIDING FOR A PLEDGE OF THE SURPLUS REVENUES OF THE CITY'S AIRPORT FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND DETAILS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. Mark Hindman, Director of Support Services, presented staff comments. The three ordinances are the next required step in the issuance of bonds discussed with Council during the March Council meetings. The bonds to be sold include: $4,690,000 in general obligations approved in the May 1993 election for branch library construction, park improvements and installation of a traffic control -fire pre-empt system; $2,000,000 in certificates of 311 City Council Minutes April 27, 1995 Page 312 obligation for renovations and repairs to the Civic Center; and $900,000 in certificates of obligation for construction of a freight taxiway and apron at the Airport. While each of the issues includes a pledge of the tax base, the Civic Center bonds will be funded from hotel/motel taxes and the Airport bonds will be funded from passenger facility charges. The ordinances were developed by the City's bond counsel, Fulbright & Jaworski. The format and content of the ordinances is essentially the same as prior bond ordinances. However, these ordinances as presented for first reading on April 27 do not include the interest rates or underwriter who agrees to purchase the bonds. The reasons for the exclusion of this information are provided below. City Charter requires ordinances to be read and approved twice before they are considered officially approved. In the past staff has traditionally received the bids and approved the first reading of the ordinances at a regular Council meeting and then held a special meeting the next day for second reading and final approval. Bids on the bonds will be received and the results tabulated on May 11, 1995 prior to the Council meeting on that day. May 11 is the advertised date of sale of the bonds. Approving an ordinance without the underwriter and interests rates at the April 27 meeting allows formal bond issuance on the advertised date of sale (May 11) and avoids a specially called meeting on Friday, May 12 for a second reading. This approach was recommended by both our financial advisor, Joe Smith with First Southwest, and our bond counsel, Mark Westergard with Fulbright & Jaworski. Approval of the first reading of the bond ordinances will eliminate the need for a special Council meeting on May 12 and allows final approval on the advertised date of sale of the bonds. Therefore, staff recommended that the first reading of the ordinances be approved. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9803 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 312 City Council Minutes April 27, 1995 Page 313 (39.) Consider Ordinance #9804 authorizing the issuance of "City of Lubbock, Texas, Tax and Hotel Occupancy Tax Surplus Revenue Certificates of Obligation, Series 1995"; levying an ad valorem tax upon all taxable property in the Ci , and providing for a pledge of a portion of the revenues received from the hotel occupancy tax levied by the City for the payment of said Certificates; prescribing the terms and details of such Certificates and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said Certificates, including the approval of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. ORDINANCE #9804 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND HOTEL OCCUPANCY TAX SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1995"; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND PROVIDING FOR A PLEDGE OF A PORTION OF THE REVENUES RECEIVED FROM THE HOTEL OCCUPANCY TAX LEVIED BY THE CITY FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND DETAIL OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9804 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (40.) Consider Ordinance #9805 authorizing the issuance of "City of Lubbock, Texas, General Obligation Bonds, Series 1995"; sspecifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. ORDINANCE #9805 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1995"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A -- CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. 313 City Council Minutes April 27, 1995 Page 314 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9805 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (41.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Secretary. (42.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Street/Drainage Engineering and Water Utilities). (43.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Building Board of Appeals Community Development Advisory Committee Drainage Criteria Advisory Committee Keep Lubbock Beautiful Advisory Committee Lubbock Libraries Board Neighborhood Redevelopment Commission Permit and License Appeal Board South Plains Association of Governments of Directors 314 City Council Minutes April 27, 1995 Page 315 There being no further business to come before Council, motion was made by Councilmember Ince, seconded by Councilmember Patterson to adjourn the meeting at 3:47 p.m. Motion carried: 5 Yeas; 0 Na; Councilmember Sitton were absent from ATTEST: lu C�L Betty . JohnsA, City Secretary Read and approved this the 11 th day of May, ATTEST: L-tt- �-k � Betty . Johns , City Secretary 315