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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. 393 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. 403 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