HomeMy WebLinkAboutMinutes - City Council - Regular - 6/8/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 8, 1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 8th
day of June 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 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.
Absent: Councilmember Victor Hernandez.
Mayor Langston called the meeting to order at 10:20 A.M.
( 1.) The Invocation was given by Assistant City Manager Debra
Forte'.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
Recognition was given to two Boy Scouts from Boy Scouts Troop
528 who were present at the Council meeting and were working
on their citizenship and community merit badges.
( 3.) Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve the minutes of the May 25,
1995, Regular City Council Meeting as written. Motion
carried: 5 Yeas; 0 Nays--Councilmember Cooke was absent
from Council Chambers.
( 4.) ORDINANCE #9808--Zone Case No 2754 (3518 and 3520
23rd Street) --Request of Carolie Mullan for a zoning change
from R 1 to AM on Lots 6 and 7, Block 1, E. L Snodgrass
Addition.
ORDINANCE #9808
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2754; A ZONING CHANGE FROM R-1 TO AM
ZONING ON LOTS 6 AND 7, BLOCK 1, E. L. SNODGRASS ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
_ Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance #9808 as recommended by staff. Motion carried: 5
Yeas; 0 Nays--Councilmember Cooke was absent from Council
Chambers.
City Council Minutes
June 8, 1995
Page 392
( 5•) ORDINANCE #9809--Zone Case No 2728-A (south of 80th
Street and east of Slide Road) --Request of Hugo Reed and
Associates (for Keven Lea) for a zoning change from C-2 to
C-3 (for a quick oil change) on Lots F-4, F-5 and F-6,
Woodland Park Addition
ORDINANCE #9809
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2728-A; A ZONING CHANGE FROM C-2 TO C-3
ZONING ON LOTS F-4, F-5 AND F-6, WOODLAND PARK ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance #9809 as recommended by staff. Motion carried: 5
Yeas; 0 Nays--Councilmember Cooke was absent from Council
Chambers.
( 6.) ORDINANCE 99810--Zone Case No 2755 (north of 82nd
Street and east of Frankford)--Request of Murray Crutcher,
Jr. (for 7-11), for a zoning change from C-2 to C-3 Specific use
(for a convenience store) on Tract D-1, Farrar Estates
Addition.
ORDINANCE #9810
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2755; A ZONING CHANGE FROM C-2 TO C-3
SPECIFIC USE ZONING FOR A CONVENIENCE STORE ON TRACT D-1,
FARRAR ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance #9810 as recommended by staff. Motion carried: 5
Yeas; 0 Nays--Councilmember Cooke was absent from Council
Chambers.
( 7•) ORDINANCE 99811--Zone Case No 1703 A (4637 50th
Street) --Request of Henry Huneke (for H. A Sessions) for a
zoning change from C-4 (restricted to new and used cars) to C
4 with conditions (limited some permitted uses in the C 4
District) on Lot 30, Nor Don Addition
ORDINANCE #9811
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1703-A; A ZONING CHANGE FROM C-4
RESTRICTED TO NEW AND USED CARS TO C-4 ZONING ON LOT 30, NOR
DON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
392
City Council Minutes
June 8, 1995
Page 393
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance #9811 as recommended by staff. Motion carried: 5
Yeas; 0 Nays--Councilmember Cooke was absent from Council
Chambers.
(8.) Consider Resolution 94853 authorizing the Mayor to execute a
change order in favor of Global Boiler & Mechanical, Inc.
RESOLUTION #4853
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 Change Order No. 2
with Global Boiler & Mechanical, Inc. for changes in plans and specifications for
Project No. 13081, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 8th day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jay Wadsworth
Jay Wadsworth, Production 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. 4853.
On December 8, 1994, the City Council approved a contract with
Global Boiler & Mechanical, Inc., to repair the boiler on Unit #6 at
Plant 2 generation plant. Under the contract, Global was required
to repair and restore the boiler to operational condition, including
repair of a crack in the intermediate superheater header.
The amount of this change order is $54,755, which is an increase
of 15.73 percent of the original contract. This replacement was
unforeseen and therefore was not covered in the original bid.
Staff recommended approval of this resolution.
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City Council Minutes
June 8, 1995
Page 394
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution #4853 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays--
Councilmember Cooke was absent from Council Chambers.
( 9.) Consider Ordinance 99812 amending Article 12, Sections 2-309
and 2-310 of the Code of Ordinances relating to the
composition, function, and goals of the Human Relations
Commission.
ORDINANCE #9812
AN ORDINANCE AMENDING ARTICLE XII OF THE CODE OF
ORDINANCES ENTITLED HUMAN RELATIONS COMMISSION, BY AMENDING
SECTION 2-309 AS TO THE COMPOSITION AND SECTION 2-310 AS TO THE
FUNCTION AND GOALS OF THE COMMISSION; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
The Mayor's Americans with Disabilities Act (ADA) Task Force
Advisory Committee requested to become an advisory board to the
City Council. When the ADA Task Force was created in 1992 in
response to the new federal ADA laws, it was charged with
developing an ADA transition plan to ensure that the City of
Lubbock complied with all federal ADA mandates. Now that the
plan has been developed and is being implemented, the ADA Task
Force Advisory Committee feels that there are other issues beyond
compliance that should be pursued, such as educating the public.
City staff suggests that it would be appropriate to consolidate the
task force with the Human Relations Commission (HRC) because
the HRC has incorporated ADA issues into its mission statement,
which was ratified by Council in February 1994.
The HRC is currently composed of 12 members appointed by the
City Council for 3-year terms. The ordinance states that the
composition of the HRC shall represent all ethnic, racial and age
groups which comprise the population of the City, with both sexes
represented. The recommendation is to amend the HRC Ordinance
Article 12 Section 2-309 and 2-310 to include provision to have
one-third (or four members) of the HRC represent the disabled
population of the city and encourage cross -disability
representation.
This amendment would also incorporate the new mission statement
into the ordinance and would replace the original, more general,
terminology that was adopted in 1972. The amendment would also
replace the term "handicapped" with "disabled" where appropriate.
With the designation of four HRC members representing the
disabled population, the Mayor's ADA Task Force Advisory
Committee would cease to exist. The representatives to be placed
on the HRC will become the recognized liaisons between the City
and other ADA constituents in the community.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance #9812 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays--
Councilmember Cooke was absent from Council Chambers.
394
City Council Minutes
June 8, 1995
Page 395
(10.) Consider Resolution #4854 authorizing the Mayor to execute a
contract with South Plains Association of Governments for a
used oil recycling grant.
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, attached
herewith, by and between the City of Lubbock and the South Plains Association of
Governments to allow SPAG to enhance City's used oil collection program, and any
associated documents, which Contract shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 8th day of June 1995.
/S/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Steven D. Johnson
Steven D. Johnson, Solid Waste
Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the contract by and between the City of Lubbock and the South Plains
Association of Governments is filed with Resolution No. 4854.
The Texas Natural Resource Conservation Commission has
provided grant funding through the Council of Governments for
enhancing used oil collection programs. South Plains Association
of Governments (SPAG) is a recipient of these grant funds. In
January 1995, SPAG requested grant proposals from its member
cities for programs related to used oil collection.
395
City Council Minutes
June 8, 1995
Page 396
The City of Lubbock Solid Waste Department submitted a
proposal to SPAG and was awarded a grant for $12,587 to enhance
the existing City of Lubbock used oil collection program. This
grant will provide the following:
Hand -Held Collection Containers (1,700) $7,140
Public Education Materials 2,288
Information Stickers for Dumpsters 1,500
Supplies for Used Oil Collection Sites 1,659
Total $12,587
The grant calls for all purchases and reports to be completed by
July 28, 1995. There will be no city funds expended on this
project. In addition, the project will be completed using current
employees.
Staff recommended that Council authorize the Mayor to execute
the contract between the South Plains Association of Governments
and the City of Lubbock for the used oil collection program.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution #4854 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays--
Councilmember Cooke was absent from Council Chambers.
(11.) Consider Resolution #4855 authorizing the City Council to
approve an agreement and authorizing the Mayor to execute
all related documents with the South Plains Association of
Governments to assist senior citizens.
RESOLUTION #4855
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with the
South Plains Association of Governments and related documents, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied herein
in detail.
396
City Council Minutes
June 8, 1995
Page 397
Passed by the City Council this 8th day of June 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 Goodman
Doug Goodman, Managing Director of
Health & Community Services
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the agreement by and between the City of Lubbock and the South Plains
Association of Governments is filed with Resolution No. 4855.
The City of Lubbock currently operates six senior citizen sites that
target any citizen 60 years or older. For the past 15 years, staff has
received Title III monies through SPAG for the enhancement of
our programs. This particular agreement is in the amount of
$127,636. Services to be provided under the grant include the
following:
Transportation -- Approximately 11,500 one-way trips are
provided to and from senior citizen centers on a yearly
basis.
Advocacy -- Assistance is provided with utilities,
medications and the filing of social security, Medicare and
Medicaid forms.
Physical Fitness -- Supplements the annual day -long Senior
Jamboree which provides health screening, health
information and activities for approximately 1,500
participants from the 95-county SPAG region.
Congregate Meals -- The senior citizens program currently
serves approximately 90,000 meals per year at the City's
six sites.
Staff recommended approval of this item.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution #4855 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays--
Councilmember Cooke was absent from Council Chambers.
397
City Council Minutes
June 8, 1995
Page 398
(12.) Consider Ordinance 49813 amending Chapter 28 of the Code
of Ordinances pertaining to wastewater system discharge
enforcement procedures.
ORDINANCE #9813
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
PROCEDURES TO BE FOLLOWED WITH REGARD TO ENFORCEMENT
PROCEDURES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Lubbock's wastewater enforcement procedures are designed to
protect the wastewater collection system and treatment facilities
from potentially harmful discharges and to ensure compliance with
requirements of the City of Lubbock NPDES (EPA) permit and
TNRCC discharge permits.
The current requirement for enforcement of the wastewater
ordinance is to first issue a warning notice for non-compliance and
then to issue a violation notice after a minimum of 30 days if
compliance is not established. After an additional 30 days of
non-compliance has transpired, a final violation notice is then
issued, followed by a compliance meeting. After these steps have
been taken, the City may order any user to show cause before the
City Council, and legal action may be taken, including possible
penalties. This is a cumbersome process which requires a
minimum of at least 90 days during which potentially harmful and
illegal discharges into the wastewater collection system and
wastewater treatment facilities may continue.
Staff recommended changes to simplify this enforcement
procedure. Failure to handle violations in a timely manner could
subject the City to EPA pre-treatment program oversight and
possible enforcement action against the City of Lubbock. It is
proposed that the issuance of an initial notice for significant non-
compliance would require correction within 10 to 30 days, as
specified by the inspector. A second instance of non-compliance
would require correction within 10 days. If non-compliance has
not been corrected after this period of time, a citation would be
issued. Decreasing the time of non-compliance correction would
lessen the potential harmful effects of illegal discharges into the
wastewater collection system and wastewater treatment facilities.
The second ordinance change would be the repealing of the "show
cause" hearing before the City Council. Instead, the user would be
required to plead the case before a municipal court judge. The
proposed changes are consistent with the established procedures
for enforcement of other Lubbock Code violations such as those
established for enforcement of health regulations and nuisance
abatement.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance #9813 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays--
Councilmember Cooke was absent from Council Chambers.
398
City Council Minutes
June 8, 1995
Page 399
(13.) Consider the price and condition of sale of Parcel Number
93440-2-4 at 2007 Ash Avenue in the Chatman Hill area.
This is a routine sale of property by the Urban Renewal Agency to
New Hope Baptist Church for $350. The proposed development is
an expansion of the Church.
The proposed sale was approved by the Urban Renewal Board of
Commissioners on May 16, 1995. The Housing Rehabilitation
staff recommended approval of the sale.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve the sale as recommended by staff.
Motion carried: 5 Yeas; 0 Nays--Councilmember Cooke was
absent from Council Chambers.
(14.) BID #13219--23rd Street & Quaker Avenue Lift Station, and
authorize same ()LVater Utilities).
This item was deleted from the agenda.
(15.) Consider Resolution 94856 authorizing the Mayor to execute
and submit the Community Development Block Grant,
Emergency Shelter Grant, and HOME Investment Partnership
Program applications and one-year strategies and all related
documents.
RESOLUTION #4856
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 applications and all related
documents for a Community Development Block Grant, Emergency Shelter Grant, and
HOME Investment Partnership Program. 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 8th day of June 1995.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director for
Health & Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
399
City Council Minutes
June 8, 1995
Page 400
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. On May 25, 1995, a public
hearing was held to include citizen participation in the annual plan
which will be submitted to the Department of Housing and Urban
Development for the proposed use of $5,436,000 in federal
entitlement funds which the City of Lubbock is due to receive. At
the public hearing, the Community Development Advisory
Committee (CDAC) submitted to the City Council their work in
prioritizing projects and a summary of their recommended budget
and projects for the federal entitlement funds.
During the public hearing, only one new request was made by the
North Overton Neighborhood Association which would allow
monies for the "Paint the Town" project to be accessible before
October 1, 1995. If the Council wishes to accommodate this
request, staff recommended that $25,000 in funds from the
Microenterprise Project be used for the summer and replenished
from contingency funds when the entitlement becomes available in
October 1995.
The Community Development/Neighborhood Initiatives staff
recommended that the CDAC's recommended budget and projects
for the 1995-96 federal entitlement funds be approved by the
Mayor and City Council.
Motion was made by Councilmember Ince, seconded by
Councilmember Cooke to authorize Resolution #4856 as
recommended by the CDAC, with $25,000 being taken from
contingency funds to support the Paint -Up Program this summer.
Motion carried: 6 Yeas; 0 Nays.
(16.) Conduct an informal rate hearing to consider a Statement of
Intent to change water rates/tariffs for Lubbock customers of
the Franklin Water Service Co., and take appropriate action.
WHEREAS, the Franklin Water Service Company has heretofore filed an
application for a rate/tariff change with the City of Lubbock on May 9, 1995, for its
customers within the City of Lubbock; and
WHEREAS, such proposed rate change will result in a net reduction in water rates
for those customers of Franklin Water Service Company within the City of Lubbock; and
WHEREAS, no complaints about such rate change have been received by the City
of Lubbock; and
WHEREAS, the Franklin Water Service Company has filed a similar rate request
with the Texas Natural Resource Conservation Commission (No. 30628-G) for its
customers outside of the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, pursuant to Section 13.187 of the Texas Water Code, the Franklin Water
Service Company shall be entitled to immediately place into effect such proposed rate
change for customers in the City of Lubbock as is specified in the Statement of Intent
attached hereto as Exhibit A.
400
City Council Minutes
June 8, 1995
Page 401
Passed by the City Council this 8th day of June 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, Assistant City Attorney
A copy of the application for a rate/tariff change is filed with Resolution No. 4857.
Terry Ellerbrook, Managing Director of Water Utilities, presented
staff comments. No one appeared to testify in favor of or in
opposition to the change in water rates/tariffs for Lubbock
customers of Franklin Water Service Co.
The operator of the Franklin Water Service Company, Ms. Virginia
Franklin Fuller, has requested that approval be given for
modification of water rates for those customers who reside within
the city limits of Lubbock. Of the 60 customers of this private
water system, 48 reside outside the city limits and are subject to
TNRCC jurisdiction. The proposed rate changes to be considered
by the City Council involve the 12 customers who reside within
the corporate limits of Lubbock.
Franklin Water Service Co. is proposing a rate reduction for its
customers following a 12-month "test period" study of usage data.
The utility has experienced some decrease in operating costs
following installation of a new metered distribution system along
with other updates to the system. Following are the current and
proposed water rates:
Current:
$17.00 for first 1,000 gals. and $1.86 for each additional
1,000 gals.
Proposed:
$14.04 for first 1,000 gals. and $1.62 for each additional
1,000 gals.
The governing body of the City of Lubbock has exclusive original
jurisdiction over all water and sanitary sewer utility rates,
operations, and services provided by water and sewer utilities
within Lubbock's corporate limits. This rate change must,
therefore, be approved by the City Council.
401
City Council Minutes
June 8, 1995
Page 402
In view of the fact that this proposal would serve to reduce rates
and maintain uniformity for all customers of Franklin Water
Service Co., staff recommended approval of this item.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to authorize Resolution #4857 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(17.) Consider Resolution #4858 authorizing the City Manager to
amend the 1994-95 Budget by transferring funds from
Undesignated/Unreserved Fund balance to Internal Service
Capital Project #303-9996 for interim financing of the
Emergency & General Communications System (800 MHz
Trunked Radio System).
RESOLUTION #4858
WHEREAS, Section 102.010 of the Local Government Code of the State of
Texas authorizes City Councils to make changes in budgets for municipal purposes;
and
WHEREAS, in accordance with the City Budget Ordinance, the City Manager
is authorized to make transfers between funds, accounts, departments, or programs for
City purposes; and
WHEREAS, the City Council deems it advisable to change the budget for
municipal purposes and reallocate funds as follows; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 1994-95 budget be amended by transferring funds in the amount of
$2,146,645 from General Fund Unreserved/Undesignated fund balance to Internal
Service Capital Project #303-9996 to serve as interim financing for the 800 MHz
Trunked Radio System Project. Upon receipt of funds from external lease finance
agreement the $2,146,645 will revert back to the General Fund
Unreserved/Undesignated fund balance. A copy of this budget change resolution shall
be filed with the City Secretary and attached to the original budget for this fiscal year.
Passed by the City Council this 8th day of June 1995.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
Anna Mosqueda, Director of Management Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
402
City Council Minutes
June 8, 1995
Page 403
Tom Tuning, Managing Director of Information and
Communication Services, presented staff comments. The City of
Lubbock currently operates nine different two-way radio systems
for use by the Police, Fire, Airport Security, LP&L, Water
Utilities, and numerous other City departments. The users of these
systems, including Public Safety system users, experience the
following problems with the current system:
Channel Congestion -- Police officers and other users find it
difficult to get on the air due to heavy radio traffic. This creates
the greatest concern for police officers during times of heavy
activity.
Channel Interference -- The City experiences both skip interference
(an off -frequency signal picked up from another radio system), and
co -channel interference (signals from one channel "bleed" across
the channel spectrum to another channel).
Radio Coverage -- Depending on the user and the system, coverage
in certain areas is marginal. Departments providing county -wide
coverage (Fire, Health, Codes) and in special locations (landfill
pits, canyons, basements, etc.) have various levels of radio
coverage.
Other problems and concerns with the current radio systems
include the lack of secure communications for Police and Fire
personnel, emergency alert capability, the lack of interdepartmental
radio communications, backup communications center capabilities,
and system age. Additionally, Federal Communication
Commission regulations will require certain major upgrades to the
City's system over the next five to ten years.
A draft request for proposal (RFP) was issued to potential vendors
in July 1994 for comment. After vendors were given the
opportunity to comment and revisions were made by the City, RFP
#13040 was issued in August 1994. A pre -proposal conference
was held in September 1994, with vendor responses being received
in October 1994. Four evaluation teams were formed
(requirements, cost, vendor qualifications, and integrated strategy)
in October 1994, consisting of 20 employees from the Police
Department, Fire Department, Radio Shop, Communications
Services, LP&L, Water Utilities, Health Department, Information
Services, Budget & Research, and Aviation. Vendor presentations
and demonstrations were completed in mid -December. The
committees completed their evaluation in February 1995, with
South Plains Communications providing an independent
verification and validation of the evaluation committee results.
Vendors were provided the opportunity to submit a best and final
offer in February 1995.
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City Council Minutes
June 8, 1995
Page 404
Based on the unanimous findings of all four evaluation
committees, and the independent verification and validation of
South Plains Communications, a contract has been negotiated with
Ericsson, Inc. for the voice portion of the 800MHz trunked radio
system. The 20-channel trunked radio system will utilize a
700-foot tower height in Southeast Lubbock with a 10-channel
emergency backup tower at the City's Municipal Hill site. There
are 1,276 radios being purchased to replace the current system's
1,103 radios. The additional radios for the Police Department were
approved during the 1994 City Council budget sessions.
The system is capable of handling approximately 2,000 radio units
depending upon usage factors. The 800 MHz trunked radio system
will provide coverage throughout Lubbock County with special
provisions for handling difficult locations such as UMC, Methodist
Hospital, St. Mary of the Plains Hospital, and Municipal Square
(Police Department and Communication Center).
Funding for the project will be provided by several sources:
Internal Service Capital Project, $1,962,556; General Capital
Project, (MDT'S) $600,000; Initial Agency Funding, $50,000;
Current Year Budget $750,000; and $2,146,645 from a 5-year
lease/purchase agreement. This funding arrangement is being
completed by a funds transfer resolution as authorized by Section
102.010 of the Local Government Code of the State of Texas. The
1994-95 Budget as amended by transferring funds in the amount of
$2,146,645 from the General Fund Unreserved/Undesignated fund
balance to Internal Service Capital Project 4303-9996 will serve as
an interim financing for the 800 MHz Trunked Radio System
Project. Upon the receipt of funds from an external lease finance
agreement, the $2,146,645 will revert back to the General Fund
Unreserved/Undesignated fund balance.
The Ericsson, Inc., 800 MHz trunked radio system is the
foundation for the City's radio communications infrastructure and
provides the radios and equipment necessary for all voice
communications within the system. The total cost of equipment
provided in the Ericsson, Inc., contract is $4,014,707. This portion
of the system is scheduled for completion/installation within nine
months of award of the contract.
Radio tower support will be provided via a lease agreement in the
amount of $10,000 per year with Banam Broadcasting, Inc.,
(KLBK) for the antenna system at a 700-foot tower height which
will serve as the primary tower location for the 20 channels within
the voice system. However, the City's tower located at the City's
Municipal Hill site will provide a 10-channel backup for the
system.
Additional equipment included in the project consists of a Voice
Logging Recorder providing the Communications Center with
continued capability to monitor and record all public safety radio
transmissions. This contract is being awarded to Creative
Switching Designs of Garland, Texas, for a total cost of $150,300.
404
City Council Minutes
June 8, 1995
Page 405
A bullet proof equipment shelter will be provided by Fibrebond
Corp. of Minden, LA, for a cost of $66,960. This shelter will be
used at the KLBK tower site to store the radio infrastructure and
other associated equipment.
To accommodate changes in the radio system, radio console
workstation furniture for the communication center is being
provided by Skaggs Telecommunication Service of Murray, Utah,
at a sum of $45,446.26.
In an effort to foster the ongoing relationship with other agencies
within the City and County of Lubbock, agreements for
cooperative utilization of this radio system have been offered and
accepted by Lubbock Independent School District and University
Medical Center EMS. These agencies have been involved in the
procurement process, and the synergy achieved by this cooperative
effort will benefit the entire community. In addition, agreements
with Texas Tech Health Sciences Center and Texas Tech
University are pending at this time. Each agency will be
responsible for the purchase of its own radio equipment. The
equipment may be purchased through the City's contract or direct
from Ericsson, Inc. Each agency will be responsible for paying its
proportionate share of the radio equipment and infrastructure
maintenance costs in addition to a one-time access fee for each
device on the system.
Effective law enforcement includes increased computerization, not
only in the police station, but also in the field with the patrol
officers. To provide this computerization to police units in the
field, the city is contracting with Motorola to provide an 800 MHz
Mobile Data System. This will have the effect of putting a
computer terminal in police vehicles. The terminal will be directly
connected to the City's existing computer -aided dispatch system
and ultimately to NCIC and TCIC, the national and state crime
information centers. The mobile data terminals (MDTs) will
provide field officers with a direct link to criminal history of
persons being stopped or questioned, without the assistance of the
communications center dispatcher.
Motorola's proposed contract with the city is in the amount of
$951,789. This includes lease space on their tower, use of a
portion of their equipment building, the necessary software to
connect to the city's computer -aided dispatch system,
communications equipment, and 75 MDTs. In the first phase of
this project, all 75 MDTs will be placed in police patrol vehicles.
Future MDT users may include the Fire Department, Lubbock
Power & Light, and Codes Enforcement, as well as other
departments within the organization who demonstrate a need for
this type of mobile system as a means of increasing productivity
and services.
405
City Council Minutes
June 8, 1995
Page 406
Various news media have requested the ability to effectively scan
public safety radio transmissions. Since all radio transmissions are
queued randomly by the computer across all 20 channels, it is
extremely difficult to scan the channels without the equipment
provided by the vendor and the City programmed talk groups. The
Legal and MIS staffs will work with the media in an attempt to
resolve this issue in a suitable manner.
The City's radio communications infrastructure is critical to the
health, safety, and welfare of the citizens of Lubbock. This system
will be an integral part of the City's infrastructure well into the
twenty-first century. Based upon the evaluation committee results,
the findings of an independent consultant, the negotiated contracts,
staff recommended the approval of the resolutions and contracts.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4858 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(18.) Consider Resolution 94859 authorizing the Mayor to execute a
contract and associated license agreements with Ericsson, Inc ,
for the Emergency & General Communications System (800
MHz Voice Radio System).
RESOLUTION #4859
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 System Purchase
Contract with Ericsson Inc. for a radio communications system and services, attached
herewith, which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail. The Contract may be executed in multiple originals.
Passed by the City Council this 8th day of June 1995.
ATTEST:
Ls/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas W. Tuning
Thomas W. Tuning, Managing Director of
Information & Communication Services
APPROVED AS TO FORM:
/s/ Jean E. Shotts
Jean E. Shotts, Jr., Trial Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
11.
City Council Minutes
June 8, 1995
Page 407
A copy of the System Purchase Contract with Ericsson, Inc., is filed with Resolution
No. 4859.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4859 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(19.) Consider Resolution #4860 authorizing the Mayor to execute a
radio tower lease agreement with Banam Broadcasting, Inc.
K( LBK).
RESOLUTION #4860
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 Radio Tower Lease
Agreement and all related documents by and between the City of Lubbock and Banam
Broadcasting, Inc., for the Emergency and General Communications System (800 MHz
Voice Radio System) 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 8th day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/sw M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas W. Tuning
Thomas W. Tuning, Managing Director of
Information & Communications Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The Radio Tower Lease Agreement by and between the City of Lubbock and Banam
Broadcasting, Inc., is filed with Resolution No. 4860.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4860 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
407
City Council Minutes
June 8, 1995
Page 408
(20.) BID #13155--Voice Logging Recorder (CommunicationsL
Creative Switching Design --total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bids meeting
specifications as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(21.) BID #13147--Radio Communication Equipment Shelter, and
authorize same (Communications
RESOLUTION #4861
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 Fibrebond Corporation, of
Minden, Louisiana, to furnish install all services and materials as bid for the Radio
Communications Equipment Shelter 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 8th day of June 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 S
THIS AGREEMENT, made and entered into this 8th day of June 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 Fibrebond Corporation of the City of Minden, County of Webster
Parish, and the State of Louisiana, hereinafter termed CONTRACTOR.
,E
City Council Minutes
June 8, 1995
Page 409
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. 13147--Radio Communications Equipment Shelter in the amount of
$66,960.00
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.
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:
CONTRACTOR
By:
TITLE:
Fibrebond Corporation
1300 Davenport Drive
Minden, LA 71055
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4861 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(22.) BID #13148--Radio Console Workstation Furniture
(Communications).
Skaggs Telecommunication Service --total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bids meeting
specifications as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
City Council Minutes
June 8, 1995
Page 410
(23.) Consider Resolution #4862 authorizing the Mayor to execute
two interlocal government agreements and all related
documents with University Medical Center and Lubbock
Independent School District to share the benefits of an 800
MHz Trunked Radio System.
RESOLUTION #4862
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 two (2) 800 MHz Trunked
Radio Agreements and all related documents by and between the City of Lubbock and
University Medical Center, and Lubbock Independent School District, to share the
benefits of an 800 MHz Trunked Radio System for the City of Lubbock, which
agreements are 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 8th day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas W. Tuning
Thomas W. Tuning Director, Information
& Communication Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Agreements by and between the City of Lubbock and University Medical
Center and Lubbock Independent School District is filed with Resolution No. 4862.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4862 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
410
City Council Minutes
June 8, 1995
Page 411
(24.) Consider Resolution #4863 authorizing the Mayor to execute a
contract and associated license agreements with Motorola for
the Emergency & General Communications System (800 MHz
Mobile Data Terminal System).
RESOLUTION #4863
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 associated
license agreements with Motorola for the Emergency & General Communications
System, attached herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 8th day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas W. Tuning
Thomas W. Tuning, Managing Director of
Information & Communications Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Contract by and between the City of Lubbock and Motorola is filed with
Resolution No. 4863.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4863 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
411
City Council Minutes
June 8, 1995
Page 412
(25.) Consider Resolution #4864 authorizing the Mayor to execute
an interlocal government agreement and all related documents
with Houston -Galveston Area Council (H-GAQ for
cooperative purchasing.
RESOLUTION #4864
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Contract by
and between the Houston -Galveston Area Council and the City of Lubbock, 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 8th day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Tuning
Tom Tuning, Managing Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Interlocal Contract by and between the City of Lubbock and the
Houston -Galveston Area Council is filed with Resolution No. 4864.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4864 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(26.) Consider a resolution giving Notice of Intent to enter into a tax
abatement agreement with United Supermarkets, Inc. #503.
Joel Beesinger, Interim Director of Business and Economic
Development, and Kent Moore, United Supermarkets, Inc.,
presented comments. Staff received a request from United
Supermarkets, Inc., for commercial tax abatement in the North
Enterprise Zone. This is the first of two new United Supermarkets
which will be built in the North Enterprise Zone. United plans to
build a new 50,000 square foot store at Auburn and University to
replace the 15,000 square foot store at 106 N. University.
412
City Council Minutes
June 8, 1995
Page 413
United plans to invest a total of $6.1 million in the new facility,
with $3.9 million for the new building and $2.2 million for
machinery and equipment.
United currently employs 59 persons at their present location and
they plan to increase employment by 103 persons in the new
facility. The payroll of the new store will be approximately $2.1
million.
Mr. Beesinger pointed out to Council that the proponent in this
particular project has requested a variance from the City's existing
guidelines. While the State Tax Code does allow a maximum of
ten years tax abatement, current City policy (as adopted by Council
in Resolution No. 4287) provides commercial tax abatement for a
term not to exceed five years. The City Attorney's office indicates
that Resolution No. 4287 gives the Council the authority to grant
such a variance. Mr Beesinger addressed his concern that an
extension to ten years in this case will more than likely set a
precedent which will be cited by others as they approach the City
for tax abatement.
It was the consensus of Council to table this item until they have
an opportunity to review the tax abatement policy.
(27.) Consider Resolution #4865 giving Notice of Intent to enter into
a tax abatement agreement with Belt -Wide Industries, Inc.
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Belt -Wide Industries, Inc.; and
WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the
intent of City Council to be given to the presiding officer of the governing body of
each taxing unit in which the property to be subject to the Tax Abatement Agreement is
located; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention
of City Council to enter into a Tax Abatement Agreement with Belt -Wide Industries,
Inc., said notice to be given to the presiding officers of each governing body of each
taxing unit having jurisdiction in assessing taxes on property located in City of
Lubbock, Lubbock County, Texas and further described as LOT 16 AND WEST
135.7' LOT 15, JAMES SUBDIVISION.
413
City Council Minutes
June 8, 1995
Page 414
Passed by the City Council this 8th day of June 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 Agreement by and between the City of Lubbock and Belt -Wide
Industries, Inc., is filed with Resolution No. 4865.
Joel Beesinger, Interim Director of Business and Economic
Development, presented staff comments. Staff has received a
request from Belt -Wide Industries, Inc., for industrial tax
abatement in the South Enterprise Zone. Belt -Wide plans to
expand their manufacturing business in Lubbock by building an
additional facility at 1002 E. 50th Street and moving their welding
and structural shop from Brownfield, Texas.
The new facility will be a new metal building measuring 55' x
205' x 20'. Construction will be completed in approximately six
months. The proposed improvements should add approximately
$200,000 additional value to the undeveloped real property. The
current value of the land is $30,000. The company currently
employs 50 full-time employees and expects to add 45-50 new jobs
with the relocation of the facility from Brownfield to Lubbock.
The value of the structural addition is less than $500,000, but the
expansion will cause an increase in the existing work force by
more than 25 percent, which meets the guidelines and criteria for
industrial tax abatement.
Staff recommended approval of the tax abatement agreement for a
period of five years.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4865 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
414
City Council Minutes
June 8, 1995
Page 415
(28.) Consider Resolution 44867 giving Notice of Intent to enter into
a tax abatement agreement with Economy Mills, Ltd.
RESOLUTION #4867
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Economy Mills, LTD.; and
WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the
intent of City Council to be given to the presiding officer of the governing body of
each taxing unit in which the property to be subject to the Tax Abatement Agreement is
located; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention
of City Council to enter into a Tax Abatement Agreement with Economy Mills, LTD.,
said notice to be given to the presiding officers of each governing body of each taxing
unit having jurisdiction in assessing taxes on property located in City of Lubbock,
Lubbock County, Texas, and further described as BLOCK 189, LOTS 1-10,
ORIGINAL TOWN.
Passed by the City Council this 8th day of June 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 Agreement by and between the City of Lubbock and Economy Mills,
LTD., is filed with Resolution No. 4867.
Joel Beesinger, Interim Director of Business and Economic
Development, presented staff comments. Staff has received a
request from Economy Mills, Ltd., for industrial tax abatement in
the North Enterprise Zone.
415
City Council Minutes
June 8, 1995
Page 416
The Economy Mills manufacturing plant at 1413 Avenue B was
destroyed by fire on April 10, 1995, and they are planning to build
a new expanded manufacturing facility at 211 15th Street. The
new facility will be 3,400 square feet and will house a 12,000
bushelbatching system, sweet feed system, pellet mill, roller mill,
full -circle grinder, grain cleaning, flaking, and rolling equipment.
Economy Mills will have a production capacity of over 100 tons of
bagged and bulk feed per 8-hour shift.
The proposed improvements should add approximately $150,000
additional value to the property. Already located on the property is
a 7,500 square foot warehouse and office building. There will be
approximately $452,000 invested in new equipment that will
become a part of the improvements. The company employed ten
full-time employees before the plant burned and plans to retain the
ten employees if the new facility is built. The project will add new
value to the tax base in the North Enterprise Zone and will result in
the retention of ten employees.
Approval by the affirmative vote of three -fourths of the City
Council was necessary since the facility will not be increasing
employment and the investment will be less than $1 million,
constituting a variance to the guidelines.
Staff recommended approval of the Notice of Intent to enter into a
tax abatement agreement for a five-year period with Economy
Mills, Ltd.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4867 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(29.) Consider Resolution 44866 authorizing the expenditure of Tax
Increment Finance funds to prepare, print and distribute
design guidelines and zoning ordinance revisions for the
Central Business District and Broadway Corridor.
RESOLUTION #4866
WHEREAS, the Urban Design and Historic Preservation Commission has
requested that $29,500 of the Tax Increment Finance Funds be expended to prepare,
print and distribute design guidelines and Zoning Ordinance revisions for the Central
Business District and Broadway Corridor; and
WHEREAS, the request was approved by the Urban Renewal Board of
Commissioners on May 16, 1995; and
WHEREAS, the requested project is an appropriate urban renewal project as
contemplated by the Urban Renewal Law, Chapter 347 of the Texas Local Government
Code; NOW THEREFORE:
416
City Council Minutes
June 8, 1995
Page 417
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the expenditure of $29,500 of Tax Increment Finance Funds as requested
is hereby approved, that the funds be expended in accordance with the request which is
attached hereto as Exhibit "A", 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 8th day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Henson
Randy Henson, Senior Planner
APPROVED AS TO FORM:
/s/ Jean Shotts
Jean Shotts, Trial Attorney
A copy of Exhibit "A" is filed with Resolution No. 4866.
Jim Bertram, Managing Director of Strategic Planning, presented
staff comments. On May 16, 1995, the Urban Renewal Board of
Commissioners recommended the allocation of $29,500 in Tax
Increment Finance (T.I.F.) funds to the Planning Department to
prepare, print and distribute design guidelines and zoning
ordinance revisions for the Central Business District and Broadway
Corridor. The current T.I.F. fund balance is $36,753.60. The
project was initiated by the Urban Design and Historic
Preservation Commission and has the support of CenterCorp,
Lubbock Chapter American Institute of Architects, and the Board
of Directors of the Cactus Theater.
The design guidelines will particularly emphasize commercial uses
and sensitive sub -areas such as the Broadway Corridor and the
Depot District. The ordinance revisions will provide the
implementation tools for the design guidelines and address the
specific needs of downtown Lubbock.
The need for guidance for projects in downtown Lubbock was first
considered in the 1989 Central Business District Revitalization
Plan. As the Urban Design and Historic Preservation Commission
set goals for its activities and made recommendations to the Goals
for the 21 st Century Committee, the issue of design guidelines in
Central Lubbock and accompanying zoning ordinance revision
resurfaced.
417
City Council Minutes
June 8, 1995
Page 418
Based on the Urban Design and Historic Preservation Commission
recommendations, the Land Use and Urban Design Subcommittee
of the Goals for the 21 st Century Committee included as one of its
goals: "Establish a positive identity for downtown Lubbock,
including the Central Business District, Broadway Corridor, and
the Depot District, as the civic, cultural, entertainment,
governmental, and financial center of the City." A similar goal
was included by the Recreation, Parks, Entertainment and Cultural
Affairs subcommittee.
Objectives for the Land Use and Urban Design goal include:
Enhance the visual and architectural character of unique
areas of downtown Lubbock by preparing architectural and
landscape design guidelines that address restoration,
renovation, new construction, traffic circulation and
pedestrian scale streetscape for each specific area.
Implement "review and comment" architectural design
review as a condition of building permit approval in certain
areas of downtown.
Create a Central Business District chapter of the zoning
ordinance.
The study will involve frequent consultation with the Urban
Design and Historic Preservation Commission, CenterCorp,
downtown property owners and tenants and interested design
professionals. The Commission recognizes the need to be
inclusive so that all affected parties "buy in" to the outcome of the
study. The project format will include workshops and public
meetings in an effort to address concerns, answer questions, and
reach consensus. An indication of the interest in this project is that
the Depot District property owners have agreed to form an ad hoc
review committee for design projects in that area.
The study will include careful review of all applicable codes, and
will result in recommendations for changes in the existing codes or
the development of a C-B chapter of the zoning ordinance to
specifically address the needs of Central Lubbock. Other public
and private incentives for revitalization will also be explored.
The final products will be a comprehensive set of design guidelines
for Central Lubbock and a package of tools for implementation.
Possible recommendations from the study include public and
private incentives for redevelopment and rehabilitation and an
implementation process so that the design guidelines will be an
asset to the downtown community rather than a static document.
The project, with an approximate 12-month duration, will be
supervised by the Planning Department and the Urban Design and
Historic Preservation Commission, with assistance from the
downtown redevelopment group CenterCorp, downtown property
owners and tenants and interested design professionals. The
Planning Department proposes to hire an individual with design
expertise as a half-time contract employee to complete the study
under the direction of the department's professional staff.
Proposed start date is June 15, 1995.
418
City Council Minutes
June 8, 1995
Page 419
The Legal Department agrees that this is an allowable use of Tax
Increment Finance District funds. Planning and Housing
Department staff supports the request of the Urban Design and
Historic Preservation Commission and the recommendation of the
Urban Renewal Agency Board of Commissioners.
Motion was made by Councilmember Sitton, seconded by
Councilmember Patterson to authorize Resolution #4866 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(30.) Consider Resolution #4868 authorizing the Mayor to execute a
contract with the Texas Historical Commission for 1994-1995
Certified Local Government Grant.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with the
Texas Historical Commission to match grant funds of $5,684.00 for a Historic
Preservation Curriculum and conference expenses under the Certified Local
Government Program. Said Agreement is attached hereto and 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 8th day of June 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Henson
Randy Henson, Senior Planner
APPROVED AS TO FORM:
/s/ Jean Shotts
Jean Shotts, Trial Attorney
A copy of the Agreement by and between the City of Lubbock and the Texas Historical
Commission is filed with Resolution No. 4868.
Wt
City Council Minutes
June 8, 1995
Page 420
Jim Bertram, Managing Director of Strategic Planning, presented
staff comments. The Urban Design and Historic Preservation
Commission applied for funding from the Texas Historical
Commission for two projects for 1995-1996. Project No. One,
funded for $5,684 in federal funds, is for preparation and printing
of design guidelines for Central Lubbock. This is a portion of the
project cost, with additional funding requested from the Tax
Increment Finance District fund. Project No. Two, funded for
$1,000, is for training for Urban Design and Historic Preservation
Commission members and city staff. Attendance at educational
programs and activities is required for the City of Lubbock to
maintain its Certified Local Government (CLG) status. CLG
certification allows the City of Lubbock to compete for federal
pass -through grants available only to municipalities that have met
standards set by the U.S. Department of Interior for historic
preservation programs.
The required match of $3,789 will be provided by monies allocated
by the City Council from the Tax Increment Finance Fund for
preparation of design guidelines and zoning ordinance revision for
Central Lubbock.
Staff supports the request of the Urban Design and Historic
Preservation Commission.
Motion was made by Councilmember Sitton, seconded by
Councilmember Cooke to authorize Resolution #4868 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
Council recessed into executive session at 11:30 a.m.
(31.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters (City Secretary).
(32.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551 071(1)(A), to discuss pending
or contemplated litigation (Community
Development/Neighborhood Initiatives and Water Utilities)
(33.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551 072, to discuss purchase
exchange lease, or value of real property (Culture & Leisure
Services),
420
City Council Minutes
June 8, 1995
Page 421
(34.) 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
Committee for Women
Community Development Advisory Committee
Community Services Commission
Drainage Criteria Advisory Committee
Electric Utility Board
Keep Lubbock Beautiful Advisory Committee
Lubbock Libraries Board
Lubbock Public Transit Advisory Board
Neighborhood Certification Committee
Park and Recreation Board
Permit and License Appeal Board
The Council reconvened in regular session at 2:27 p.m. Motion was made by
Councilmember Cooke, seconded by Councilmember Patterson to authorize an increase
in the City Secretary's annual salary to $40,040.00. Motion carried: 5 Yeas; 0 Nays--
Councilmember Sitton was absent from Council Chambers.
421
City Council Minutes
June 8, 1995
Page 422
There being no further business to come b ncil, the meeting was adjourned
without objection at 2:29 p.m. �7
ATTEST:
Betty M. Johnso ; City Secretary
Read and approved this the 22nd day of
ATTEST:
Betty M. Jofu son, C Secretary
AVID R. tA`1VGSTON, IyFAYO
422