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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/24/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 24, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 24th day of August 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 Tern Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 10:44 A.M. ( 1.) The Invocation was given by Dr. Dick McCreight, Pastor of the New Life Family Center, Lubbock Center of Churches. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Patricia Alonzo appeared on behalf of the Lone Star Oyster Bar to request a loudspeaker permit in conjunction with a tenth anniversary celebration on September 9, 1995, from 3:00 p.m. to 12:00 midnight at 3040 34th Street. Ms. Alonzo requested the loudspeaker permit for Saturday, September 9, 1995, from 3:00 p.m. to 12:00 midnight. All residents in the area were petitioned and all contacted who reside within the 600-feet requirement approved the event. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to approve the request as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 4.) Carolyn Aliamus appeared to request a loudspeaker permit for a backyard par!, on September 6, 1995, from 7:00 p.m. to 9:30 p.m. at 2703 19th Street. Ms. Aliamus requested the loudspeaker permit in conjunction with a reception at 2703 19th Street. The request was for Thursday, September 6, 1995, from 7:00 p.m. to 9:30 p.m. All residents in the area were petitioned and all contacted who reside within the 600-feet requirement approved the event. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to approve the request as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the minutes of the August 10, 1995, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. City Council Meeting August 24, 1995 Page 560 ( 6.) Ordinance 49831--Abandoning and closing a portion of a storm drainage easement located in Tract G. Live Oak Addition (3309 South Loop 289). ORDINANCE 49831 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM DRAINAGE EASEMENT LOCATED IN TRACT G, LIVE OAK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9831 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) Consider a resolution authorizing the Mayor to execute an agreement with Texas Tech University for professional services in developing a long-range forecasting model. This item was deleted from the agenda. ( 8.) Consider Resolution #4923 authorizing acceptance of water and sanitary sewer improvements for Lots 1-41, and Tract A, Renaissance Park Addition. RESOLUTION #4923 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1-41 AND TRACT A, RENAISSANCE PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-41 and Tract A, Renaissance Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $83,054.25, with the improvements constructed by Craft Construction Company having a value of $54,027.67, as determined by the unit prices established by said Chapter 28, and $29,026.58 cash paid to the City, which amount includes $27,984.78 cash for adjacent lines, with McDougal Properties, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 560 City Council Meeting August 24, 1995 Page 561 SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $83,054.25, including value of construction costs of $54,027.67 and $29,026.58 cash paid to the City of Lubbock. The developer, McDougal Properties, will not receive a refund. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4923 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) Consider Resolution 44924 authorizing the Mayor to execute the necessary contract documents with the Texas State Library and Archives Commission to support the West Texas Library System ()YTLS), and the Interlibrary Loan Grant Program (ILL). RESOLUTION #4924 WHEREAS, the City of Lubbock annually contracts with the Texas State Library for various grants in support of its role as a Major Resource Center in the West Texas Library System; and 561 City Council Meeting August 24, 1995 Page 562 WHEREAS, such grants serve to improve and expand the program of the Lubbock City -County Library; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the following named grant contracts with the Texas State Library: (a) Contract for Library System Services (Contract No. 545.9) (b) Contract for Library System Services (Contract No. 546.9) (c) Contract for Interlibrary Loan Services (Contract No. 548.8) Said contracts, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Riegel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the contract with the Texas State Library is filed with Resolution No. 4924. According to staff memo, the West Texas Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29-county area of West Texas. WTLS is one of the ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries which are members of the system. Also, the system encourages the establishment of public libraries in communities which do not have library services. At the end of the current state fiscal year (SFY95), 34 libraries were qualified for membership. 562 City Council Meeting August 24, 1995 Page 563 The Lubbock City -County Library was designated as the Major Resource Center or headquarters for the WTLS program as of September 1, 1974. This year marks the 22nd annual contract renewal. As the Major Resource Center, the Lubbock City -County Library also serves as the headquarters for the ILL grant program. The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. These three programs are fully funded by the State; the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library contracts with the City of Lubbock, Lubbock City -County Library for housing of staff and implementation of the service program components. The City of Lubbock will receive compensation of 9.03 percent of direct charges to reimburse the cost of fiscal administration of the grant. For administrative purposes, the Texas State Library divides the system grant into two contracts. The total of the two is $426,598. Contract #545.9 is for $285,140 and 4546.9 is for $141,458. The ILL grant Contract #548.8 is for $455,103. Staff recommended that the City Council authorize the Mayor to execute the necessary contract documents provided in the resolution document and associated documents with the Texas State Library. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4924 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) Consider the price and condition of sale of Parcel Number 93440-45-8 at 2410 Hickory Avenue in the Chatman Hill Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization, for $30. The property is to be redeveloped with a new 1,100 square foot, single-family residence valued at $38,500. The land is properly zoned. Habitat for Humanity proposes to develop the 2400 Block of Hickory Avenue with eight homes. The Urban Renewal Board of Commissioners approved the proposal on May 16, 1995. The Housing Rehabilitation staff recommended approval of the sale. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 563 City Council Meeting August 24, 1995 Page 564 (11.) Consider Resolution #4925 authorizing the Mayor to execute a contract with Intergraph Corporation for professional services for Geographic Information Systems consultation RESOLUTION #4925 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 Professional Services Contract in the amount of $3,000.00 with Intergraph Corporation for Geographic Information Systems consultation. Said Contract 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 24th day of August 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 D. Henson Randy D. Henson, Senior Planner APPROVED AS TO FORM: /s/ Linda L. Chamale Linda L. Chamales, Assistant City Attorney A copy of the Professional Services Contract with Intergraph Corporation is filed with Resolution No. 4925. According to staff memo, this contract in the amount of $3,000 is for on -site services by the Intergraph Corporation for specialized technical assistance with the final completion of the Geographic Information System (GIS) base maps. The city base map will include all platted lots with legal descriptions, streets, alleys and other rights -of -way and easements for the entire city. Funding is provided by the Engineering Division of LP&L and the Planning Department. Intergraph is the sole source vendor for the City's GIS hardware and software. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4925 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. Ko City Council Meeting August 24, 1995 Page 565 (12.) Consider Resolution 94926 authorizing the Mayor to execute a joint funding agreement with the United States Department of the Interior - Water Resources Division of the Geological Survey. RESOLUTION #4926 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 for Joint Funding for Water Resources Investigations, involving streamflow and water -quality data, such Agreement to be entered into by and between the City of Lubbock and Geological Survey of the United States Department of Interior, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael Murphy for Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement for Joint Funding for Water Resources Investigations by and between the City of Lubbock and Geological Survey of the United States Department of Interior is filed with Resolution No. 4926. According to staff memo, the City has participated in this agreement since the mid- 1970's in order to acquire data on the quantity and quality of water near the Lake Alan Henry Reservoir site. To fund the agreement for the current year, the City would be responsible for $13,870, which would be billed in October 1995. Based on the need for continuous water quality data on the inflow to Lake Alan Henry, the Water Utilities staff recommended approval of this item. 565 City Council Meeting August 24, 1995 Page 566 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4926 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Bid #13313-Safety Supplies -Annual Pricing (Central Warehouse). J. L. Matthews Company, Inc.--100 Ea 24" x 24" Red Danger Flag with 36" Handle, Item No. 424010000; 100 Ea. Plastic Safety Goggles, Item No. 424010011. Roadrunner Traffic Supply, Inc.--600 Bg Glass Traffic Beads, Item No. 424010001; 450 Ea 28" Traffic Cone, Item No. 424010020. Lubbock Grader Blade, Inc.--24 Ea Type III Reflectors, Item No. 424010003; 24 Ea. 2" x 3" Stake Flag with 24" Wire, Item No. 424010015; 30 RI Fluorescent Flagging Tape, Item No. 424010019. MTC, Inc.--60 Ea. Safety Hard Hat, Item No. 424010004; 200 Ea. Fluorescent Safety Vest, Item No. 424010008; 60 Ea. 18" Traffic Safety Cone, Item No. 424010009; 360 Ea. High I Safety Glasses, Item No. 424010012; 48 Ea. Full Brim Hard Hat, Item No. 424010021; 200 Ea Noise Reduction Ear Plugs, Item No. 424010022. Temple, Inc.--30 Ea Safety Hard Hat Liner, Item No. 424010017; 500 Ea Safety Glasses, Item No. 424010027. Fast Pro International--300 Ea Safety Restraint Leash, Item No. 424010028. Lone Star First Aid & Safety Supplies--250 Ea Safety Glasses, Item No. 424010029. Energy Industrial--80 Ea Back Support Belt -Medium Duty, Item No. 651510000. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Bid 913317-Closed Circuit Television Monitoring System Upgrade (Water Utilities. Baker Equipment Company --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 566 City Council Meeting August 24, 1995 Page 567 (15.) Bid #13332-Playground Construction at various City parks, and authorize same (Park Development). RESOLUTION #4927 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 Iron Mountain Forge Corporation, of Farmington, Missouri to furnish and install all services and materials as bid for the Playground Construction at Various Parks, 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 24th day of August 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 6 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 24th day of August 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 Iron Mountain Forge Corporation of the City of Farmington, County of St. Francois, and the State of Missouri, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13332--Playground Construction at various City parks in the amount of $229,930.00 567 City Council Meeting August 24, 1995 Page 568 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 /s/ John Webb ATTEST: /s/ Velma L. Kocher Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor FA a 01,FAa01 _myllIs] II[QAT /s/ Don Vandiver Iron Mountain Forge Corporation CONTRACTOR By: /s/ Carl Dobrzeniecki TITLE: Vice President of Operations Iron Mountain Forge Corporation, # 1 Iron Mountain Drive Farmington, Missouri 63640 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4927 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Bid #13102-Lease/Purchase Financing for 800 MHz System (Finance). This item was removed from the consent agenda. Mark Hindman, Director of Support Services, explained the evaluation process that led to the recommendation by staff to accept the alternate bid from IBM Corporation. Motion was made by Councilmember Hernandez, seconded by Mayor Pro Tem Neugebauer to accept alternate bid from IBM Corporation as recommended by staff. Motion carried: 7 Yeas; 0 Nays. City Council Meeting August 24, 1995 Page 569 (17.) ORDINANCE #9816--Zone Case No. 2651-A (north of 57th Street and west of Frankford)--Request of Henry Huneke (for H. A. Sessions) for a zoning change from IDP to IDP Specific Use for mini -warehouses on a tract out of Section 36, Block AK. This item was postponed until the September 28, 1995, City Council Meeting. (18.) Zone Case No. 2552-A (northwest corner of 16th Street and Orlando Avenue) --Hold a Public hearing to consider request of Texas Farmhouse Association for a zoning change from A-1 to A-2 (for boarding/rooming house, lodges, sorori , and fraternity house and Parking) on Lots 3 and 4, Block 2, Cowan Addition, and to consider ordinance. ORDINANCE 99832 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2552-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING ON LOTS 3 & 4, BLOCK 2, COWAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:55 a.m. Clay Enger; Bert Moffitt, Architect; and Earl Camp, Professor of Biological Sciences at Texas Tech University appeared on behalf of Texas Farmhouse Association to present this request for zone change from A-1 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 11:20 a.m. Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent land use relationships as follows: North - Greek Circle I South - duplex units East - vacant (Carillon) West - apartments According to staff memo, the area is designated as high density residential by the Comprehensive Land Use Plan, although a number of single family and duplex units remain. The primary focus of the zone change request is compatibility. The existing A-1 zoning would accommodate at least 16 two - bedroom apartments with required parking and landscape. The A- 2 District is required for boarding houses and fraternity/sorority lodges. With the exception of lodge social events, the traffic generated by the lodge should not be significantly greater than the amount created by the permitted A-1 use (apartments). A parking item resolved by an ordinance condition is the potential need for off -site 569 City Council Meeting August 24, 1995 Page 570 parking. The formula for a lodge is one space per bed in any area used for apartments and one space per 100 square feet of area not used for residential. The Planning & Zoning Commission recommended approval of this request subject to the following conditions: Limited to a fraternity/sorority lodge and all unconditionally permitted A-1 uses. A combination of on -site and adjacent off -site parking shall meet the 1/100 parking ratio for the general use portion of the structure and one space per bed in the residential portion of the structure, and the parking shall be secured prior to construction. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to pass on first reading Ordinance #9832 with conditions as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (19.) Zone Case No. 2760 (5009 University) --Hold a Public hearing to consider request of Benny Nixon (for Caprock Medical Center) for a zoning change from C-2A to C-3 Specific Use (for a convenience store with gas sales) on a portion of Lots 1-7, Doctors & Dentist Addition, and to consider ordinance ORDINANCE #9833 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2760; A ZONING CHANGE FROM C-2A TO C-3 SPECIFIC USE ZONING FOR A CONVENIENCE STORE WITH GAS SALES ON A PORTION OF LOTS 1-7, DOCTORS & DENTIST ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:29 a.m. Benny Nixon appeared on behalf of Caprock Medical Center to present this request for zone change from C-2A to C-3 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 11:30 a.m. Randy Henson, Senior Planner, presented staff comments. This parcel is currently zoned C2-A and the south portion is developed as medically related offices. The convenience store with gas pumps requires C-3. The request is filed as Specific Use to accommodate a reduced setback of 20 feet for a canopy over the gas pumps. The C-3 zoning does not conflict with adjacent uses. Mr. Henson gave the adjacent land use relationships as follows: 570 City Council Meeting August 24, 1995 Page 571 North - Highland Hospital and medical building South - strip commercial East - strip commercial West - Plains Bank The proposal should have little negative effect on traffic. The staff will review any changes in curb cuts during the building permit process. The Planning Commission approved the request per the proposed site plan except for the sign location and curb cuts. Those will meet Code requirements as a construction permit is processed. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance 49833 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Resolution 94928 authorizing the Mayor to execute a contract with the Texas Department of Transportation (TxDOT) for the reconstruction and widening of Frankford Avenue from Spur 327 to 50th Street. RESOLUTION 94928 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 State of Texas, acting by and through the Texas Department of Transportation, to facilitate improvements to Frankford Avenue between Spur 327 and 50th Street, 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. 571 City Council Meeting August 24, 1995 Page 572 Passed by the City Council this 24th day of August 1995. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement with the Texas Department of Transportation is filed with Resolution No. 4928. Larry Hertel, City Engineer, presented staff comments. The City requested that this project be constructed with Federal Surface Transportation Program Funds during the Transportation Improvement Program (TIP) process for FY1995. This project was subsequently placed on the program to be constructed in FY1996. The funding will be 80 percent federal in the amount of $896,000 and 20 percent local funds in the amount of $224,000 for a total project cost of $1,120,000. The local share for this project is expected to come from the fund balance of the street capital projects fund. The total cost includes the preliminary engineering, environmental documentation, plans, specifications, and construction of the project. The contract requires the State and City to meet the following requirements for this project: State (TxDOT) is responsible for the preliminary engineering, plans, specifications, estimates, the preparation of environmental documents and the holding of a public hearing (if necessary). TxDOT is also responsible for advertising and awarding of the construction contract as well as construction inspection. City of Lubbock is responsible for the purchase of right-of-way (if necessary), relocation assistance (if necessary), relocation of all utilities (following local ordinances and franchise agreements) and environmental mitigation (if necessary). Once the project is completed, the City will resume the maintenance responsibility. 572 City Council Meeting August 24, 1995 Page 573 The Policy Advisory Committee of the Metropolitan Planning Organization is set to approve the FYI 996-FY1998 Transportation Improvement Program at their next meeting. Staff recommended approval of this contract. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4928 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider Resolution 44929 authorizing the Right -of -Way Department to make an offer to the Kay Kathleen Salem Trust, Kelly Lee Lowe Trust, Lauren Lowe Trust, and the Texas Scottish Rite Hospital for Crippled Children, nka Texas Scottish Rite Hospital for Children for a tract of land in Section 1, Block D-3, Lubbock County (Airportl. RESOLUTION #4929 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for the expansion of the Lubbock International Airport, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in the Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: METES AND BOUNDS DESCRIPTION of a 140.62 acre tract of land in the Northwest Quarter of Section 1, Block D-3, G.C. & S.F. Railroad Company Survey, Lubbock County, Texas, being further described as follows: BEGINNING at a railroad spike found for the most Westerly Northwest corner of this tract in the West line of said Section 1, at the Southwest corner of a 16.53 acre tract of land described in Volume 1347, Page 469 of the Deed Records of Lubbock County, Texas; THENCE N. 89048'00" E., along the South line of said 16.53 acre tract. a distance of 900.10 feet to a 3/8" iron rod found at the Southeast corner of said 16.53 acre tract for a corner of this tract; THENCE N. 00018'40" W., along the East line of said 16.53 acre tract, a distance of 750.00 feet to a 1/2" iron rod with cap set in the South right-of-way line of East Bluefield Street as described in Volume 260, Page 134 of said Deed Records for the most Northerly Northwest corner of this tract; 573 City Council Meeting August 24, 1995 Page 574 THENCE N. 89048'40" E., along said South right-of-way line, a distance of 1732.70 feet to a 1/2" iron rod with cap set in the East line of said Northwest Quarter for the Northeast corner of this tract; THENCE S. 00 ° 17' 10" E., along the East line of said Northwest Quarter, a distance of 2599.90 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract in the North line of the South half of said Section 1, as surveyed by Hugo Reed and Associates November 7, 1980, from whence a 5/8" iron rod with cap found at the Northeast corner of said South half bears N. 89°58'50" E., a distance of 2631.80 feet; THENCE S. 89058'50" W., along said North line, a distance of 2177. 40 feet to a 5/8" iron rod found in the North right-of-way line of F.M. Highway 2641 for a corner of this tract; THENCE N. 86016'20" W., along said North right-of-way line, a distance of 395.40 feet to a 1/2" iron rod with cap set in the East right- of-way line of Martin Luther King Jr. Boulevard for the Southwest corner of this tract; THENCE N. 00018'40" W., along said East right-of-way line, a distance of 43.10 feet to a 1/2" iron rod with cap set for a corner of this tract at the point of curvature of a curve to the left having a radius of 1155.00 feet; THENCE Northwesterly, along said East right-of-way line and said curve to the left having a central angle of 07045'00", an arc distance of 156.23 feet to a 1/2" iron rod with cap set for a corner of this tract at a point of tangency; THENCE N. 08003'40" W., along said East right-of-way line, a distance of 144.24 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 00018'40" W., along said East right-of-way line, a distance of 301.33 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 89041'20" W., along said East right-of-way line, a distance of 30.00 feet to a 1/2" iron rod with cap set in the West line of said Section 1 for a corner of this tract; THENCE N. 00018'40" W., along said West line, a distance of 1173.30 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said tract being KAY KATHLEEN SALEM TRUST, KELLY LEE LOWE TRUST, LAUREN LOWE TRUST, AND THE TEXAS SCOTTISH RITE HOSPITAL FOR CRIPPLED CHILDREN n/k/a TEXAS SCOTTISH RITE HOSPITAL FOR CHILDREN, BE offered through the Right -of - Way Department of the City of Lubbock the amount of $211,000, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. 574 City Council Meeting August 24, 1995 Page 575 Passed by the City Council this 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney Ed Bucy, Right -of -Way Agent, and Mark Earle, Airport Manager, presented staff comments. This 140.62 acre tract of farm land is located at the northeast corner of Martin Luther King, Jr., Boulevard and Regis Street and is being purchased to protect the airport runway approach area and the east general aviation development area as recommended by the approved Airport Master Plan. Jimmy Goddard appraised the property at $211,000, which is the City's offer to the landowners. The funding for this land is coming from the passenger facility charge which is collected from the sale of airline tickets. The Right -of -Way Department recommended the approval of the City's offer of $211,000 for this property. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution #4929 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Consider Resolution #4930 authorizing the Mayor to execute an agreement with the State of Texas to commit the City's ten percent (10%) share of estimated East-West Freeway right-of- way costs. RESOLUTION #4930 _ WHEREAS, the City of Lubbock and the State of Texas, acting by and through the Texas Department of Transportation, having jointly agreed to pursue construction of an "East-West Freeway Project," along a Highway No. U.S. 62/82 corridor, extending from southwest Loop 289 to east of I-27; and WHEREAS, the City of Lubbock has agreed to pay ten percent (10%) of right- of-way costs, including ten percent (10%) of railroad relocation costs; and 575 City Council Meeting August 24, 1995 Page 576 WHEREAS, the State of Texas is suggesting a commitment and payment of the City's estimated share of right-of-way costs for the project; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized to execute an agreement in quintuplicate originals with the State of Texas to commit the City's ten percent (10%) share of the estimated right-of-way costs for the East-West Freeway Project. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager is authorized to change the 1994-95 budget by transferring $1,800,000 from the Streets Capital Projects Undesignated/Unreserved Fund balance (unallocated street bonds) to Capital Project 915-9513 for costs associated with the East-West Freeway. Passed by the City Council this 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Agreement with the Texas Department of Transportation is filed with Resolution No. 4930. Bob Cass, City Manager, presented staff comments. The State of Texas, through TxDOT, is requesting that the City execute an agreement with the State of Texas to commit the City's ten percent share of the estimated right-of-way costs for the East-West Freeway Project. On August 10, 1989, the City passed Resolution #3173, accepting three State minute orders to provide the City's share of freeway costs, as follows: 10 percent of right-of-way costs, 10 percent of eligible non -City utilities, and ineligible City -owned utilities. On February 12, 1991, the City executed an agreement with the State of Texas to provide the City's 10 percent share of railroad relocation costs, as follows: 10 percent of engineering services, 10 percent of new railroad right-of-way, 10 percent of eligible non -City utilities and 10 percent of railroad construction. 576 City Council Meeting August 24, 1995 Page 577 Now that a Record of Decision has been approved for the project, the District TxDOT office is requesting authorization to proceed with right-of-way acquisition on a portion of the project. The TxDOT office is requiring that the City commit its 10 percent share of the estimated $80,000,000 for total project right-of-way costs. The City's 10 percent share is being requested as follows: $2,000,000 upon agreement execution $2,000,000 on or before April 30, 1998 $2,000,000 on or before October 31, 2000 $2,000,000 on or before April 30, 2003 The agreement stipulates that the $6,000,000 be placed in an interest bearing account which subsequently would be used if actual costs exceed the estimated $80,000,000. The agreement further states that if the interest accrued is insufficient to supplement the City's 10 percent obligation, then the State will request additional funds in accordance with the laws of the State. Current City funds approved for the project are as follows: G.O. Bonds $2,600,000 C.O.'s $3.800.000 Total $6,400,000 Current estimated City freeway costs for the project are as follows: 10% of right-of-way $7,797.756 (including 10% of all railroad relocation costs) 10% of all eligible non -City utilities $ 802,500 Total $8,600,256 City Funding deficit ($2,200,256) Current estimated City -owned utilities costs are as follows: Water $3,970,800 Sewer $1,321,900 LP&L $5,000,000 Total $10,292,700 To date, $75,903 of City funds have been spent on railroad relocation engineering. The State, in the February 12, 1991, agreement has only agreed to pay 90 percent ($10,800,000) of railroad relocation costs originally estimated at $12 million, currently estimated to be $19,084,563, of which the State's share would be $17,200,000, leaving an uncommitted shortfall of $6,400,000. 577 City Council Meeting August 24, 1995 Page 578 From a financial perspective, staff should be able to cover the currently projected needs of an additional $2,200,000 in light of the fact that the final payment will not be due until 2003. If the Council approves an additional $2,200,000 to be dedicated to the reserve fund for the East-West Freeway, staff recommends approval of the agreement. Following considerable discussion concerning the time -sensitive nature of this item and the uncertainty as to the total project cost, motion was made by Councilmember Patterson to authorize the resolution as recommended by staff. Motion died due to lack of a second. Mayor Langston urged the City Council to send a clear message to the State of Texas that the City Council is in full support of the project. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to table this item. Motion: 3 Yeas; 4 Nays --Mayor Langston, Mayor Pro Tern Neugebauer Councilmember Patterson, and Councilmember Cooke. Motion failed. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4930 as recommended by staff. Motion carried: 5 Yeas; 2 Nays-- Councilmember Hernandez and Councilmember Ince. (23.) Consider Resolution #4931 authorizing the Mayor to execute a contract with The Price Communications Group to provide marketing services to Citibus. RESOLUTION #4931 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 with The Price Communications Group to perform marketing services for Citibus, attached hereto, and 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. 578 City Council Meeting August 24, 1995 Page 579 Passed by the City Council this 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Gavino Sotelo Gavino Sotelo, First Assistant City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the contract with Price Communications Group is filed with Resolution No. 4931. John Wilson, General Manager, presented staff comments. This contract, in the amount of $70,000, will allow marketing services to be provided to Citibus from October 1, 1995, through September 30, 1998. The services were included in the FYI 996 budget and will include the following: improving the image of Citibus, preparing a detailed written marketing plan for each fiscal year, creating and executing the Texas Tech University ridership campaign, informing the public of any changes to the system or the routes, building public sentiment that public transportation is good for the City of Lubbock, preparing interior bus and shelter signage, promoting different aspects of the system and services, designing brochures and maps as necessary, contracting for the placement of all advertising, and rendering any additional public relations or marketing services as needed throughout the duration of this contract. An RFP was sent to all local advertising agencies, and the following four agencies made presentations to the Lubbock Public Transit Advisory Board (TAB) on June 30, 1995: Caviness Advertising/Public Relations, Inc., HM&C Advertising and Marketing Company, The Price Communications Group, and Adam Salazar. The evaluation criteria are consistent with those selected by the TAB at the time this process was last undertaken in 1990. The time limits and order of presentations were carried out as directed by the board chair and evaluations rendered by the board members following all presentations. The Citibus staff responded to questions regarding the presentations prior to the boards selection. The agencies were evaluated on the basis of content (40%), creativity (30%), qualifications (20%), and experience (10%). After their presentations, the TAB members ranked the agencies in the following order: (1) The Price Communications Group, (2) HM&C, (3) Caviness, (4) Salazar. 579 City Council Meeting August 24, 1995 Page 580 An increased awareness by the general public of Citibus' contribution to the City, a positive image, and increased ridership are anticipated from this contract. Citibus, upon direction of the Lubbock Public Transit Advisory Board, therefore recommended approval of this contract. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Sitton to authorize Resolution #4931 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson excused and recused himself from any discussion and voting. (24.) Consider Resolution #4932 authorizing the Mayor to execute a cooperative agreement between the Lubbock Housing Authoritly and the City of Lubbock covering 1,500 units of low income housing. RESOLUTION 44932 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 Cooperation Agreement between the City of Lubbock and the Housing Authority of the City of Lubbock and all related documents authorizing up to an additional 94 units. 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 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ BeM M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Juan A. Reyes Juan A. Reyes, Housing Rehabilitation Coordinator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Cooperation Agreement by and between the City of Lubbock and the Housing Authority is filed with Resolution No. 4932. Oscar Sharpe, Executive Director of the Lubbock Housing Authority, presented comments. .E City Council Meeting August 24, 1995 Page 581 Staff recommended that no action be taken on this item until a more thorough analysis of the City's relationship with the Housing Authority and the overall structure of all housing programs is complete. Following lengthy discussion concerning the number of housing units needed to comply with the grant application, lack of information provided by Oscar Sharpe at the request of the City Council and City staff, and the overall direction of the Lubbock Housing Authority, motion was made by Councilmember Cooke to table this item. Motion died due to lack of a second. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4932 for up to 94 housing units. Motion carried: 6 Yeas; 1 Nay --Mayor Langston. City Attorney John Ross indicated that the draft resolution would be changed to authorize up to 94 housing units only. The City Council recessed into executive session at 1:00 p.m. and reconvened the regular session at 2:10 p.m. (25•) Consider Resolution #4933 adopting an investment policy for the City of Lubbock RESOLUTION #4933 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: WHEREAS, the State Legislative did amend the Public Funds Investment Act requiring cities to formally adopt a financial investment policy and strategy; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to establish such a policy with regard to the investment of City funds; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached Investment Policy and Strategy is hereby approved and adopted by the City of Lubbock. A copy of such policy shall be maintained by the City Treasurer and filed with the City Secretary. 581 City Council Meeting August 24, 1995 Page 582 Passed by the City Council this 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Hindman Mark Hindman, Director of Support Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Public Funds Investment Act is filed with Resolution No. 4933. Mark Hindman, Director of Support Services, presented staff comments. The Public Funds Investment Act was amended during the recent legislative session. One of the key changes is a requirement that all cities have Council adopt an investment policy prior to September 1, 1995. The City has operated from an investment policy for a number of years. This resolution will formally adopt this policy including amendments from recent state law changes. The City has taken a conservative approach to investments; therefore, the restrictions included in the revised law will have no significant effect on investment practices. The City's principal investment objectives are: Compliance with all Federal, State, and other legal requirements. Preservation of capital and the protection of investment principal. Maintenance of sufficient liquidity to meet anticipated disbursements and cash flows. Attaimnent of a market rate of return equal to or higher than the performance measure established by the City Treasurer. Diversification to avoid incurring unreasonable risks regarding securities owned. The proposed policy incorporates the restrictions of state law. In addition, this policy further restricts City investment practices by not allowing some investments which are allowed by state law. Examples of investments prohibited by this policy, but allowed 582 City Council Meeting August 24, 1995 Page 583 under state law include: some types of derivatives; securities lending; reverse repurchase agreements; and mutual funds. The proposed policy meets all of the requirements of applicable state laws and includes additional restrictions the staff considers as prudent in keeping with our stewardship responsibilities. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4933 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Ince was absent from Council Chambers. (26.) Consider Ordinance 49834 amending Chapter 2 of the Code of Ordinances of the City of Lubbock by repealing Article IV which creates the Civic Centers Board. ORDINANCE #9834 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE CIVIC CENTERS ADVISORY BOARD OF THE CITY OF LUBBOCK; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Bob Cass, City Manager, presented staff comments. The City Council has appointed a Merger Committee to look at a unified marketing effort for the City of Lubbock. It has been determined that the merger of the Civic Centers Board and Convention and Tourism Bureau of Lubbock, Inc., Board of Directors would be the first step in accomplishing that goal. The work of the Merger Committee has not been completed to this point. The ordinance repeals the creation and ongoing operations of the Civic Centers Board and merges those duties with the Convention and Tourism Bureau. Staff recommended approval of the ordinance. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to pass on first reading Ordinance #9834 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Ince was absent from Council Chambers. (27.) Consider a resolution authorizing the City Manager to pay all required fees and file all documents necessary for creation of Market Lubbock, Inc., and appoint the initial Board of Directors. This item was held until the September 14, 1995, City Council Meeting. (28.) Consider a resolution proposing to increase the tax rate and set the public hearing for the proposal. As part of the budget process and in keeping with truth -in -taxation laws, a governing body must follow specific steps and publish notices and hold hearings if it intends to levy a tax rate that exceeds the effective tax rate times 1.03 or the rollback rate. 583 City Council Meeting August 24, 1995 Page 584 The current budget as filed is just under the effective tax rate, so any increase will require publication of notices, public hearing and publication detailing vote of each Councilmember. The effective tax rate is 58.59¢ and is in keeping with the program of services discussed with Council. No action was taken on this item. (29.) Consider amendments to Chapter 27 of the Code of Ordinances with regards to Vehicles For Hire ORDINANCE 99835 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE PERMITTING AND OPERATION OF VEHICLES FOR HIRE WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Anna Mosqueda, Director of Management Services, presented staff comments. Council requested that staff review various provisions of the Vehicle For Hire sections that pertain to taxicabs and limousines and streamline the application and permitting process. The following is a summary of recommended changes: That a limousine not have a stoop light or taximeter or in any way represent itself as a taxicab or be marked in such a way as to cause it to be confused with a taxicab. (Sec. 27-1) When an application has been submitted and denied by City Council, the same applicant must wait six months before a new application can be submitted. (Sec. 27-71) Include listing of names of officers, directors, and general managers in application for taxi permit. (Sec. 27-72) Minimum fleet of five cars shall be required for a taxi permit. (Sec.27-72) Mandatory requirement for public hearing on all applications for taxi permits is modified to allow for public hearing only if application does not receive favorable recommendation and permit is denied by City Manager. (Sec. 27-73 and Sec. 27-103) Allow for City Secretary to make determination whether or not applicant is qualified for taxicab or limousine permit based on the requirements of the ordinance and forward favorable recommendation to City Manager for issuance of permit. (Sec. 27-73 and Sec. 27-103) If applicant is denied a permit, right of appeal to the Permit and License Appeals Board (PLAB). The Permit and License Appeals Board conducts a hearing. If PLAB upholds staff denial of permit, then denial is appealed to City Council by applicant at which time City Council may conduct a public hearing. (Sec. 27-73 and Sec. 27-103) U-111! City Council Meeting August 24, 1995 Page 585 In matters to be considered in application, consider financial history and condition of applicant as opposed to merely financial responsibility. (Sec. 27-75 and 27-103) Staff feels that based on information and discussion with other cities and general discussions with Council, this ordinance is not excessively restrictive yet at the same time does not abrogate the City's responsibility to regulate vehicles for hire. Staff recommended approval of these amendments to the Code of Ordinances. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance #9835 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Ince was absent from Council Chambers. (31.) Consider a resolution assigning a cable television franchise to Universal Cable Communications, Inc., from Mission Cable Company, LP. This item was deleted from the agenda. (33.) Consider Resolution #4934 giving notice of intent to enter into a tax abatement agreement with Town and Country Food Stores, Inc. RESOLUTION #4934 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Town & Country Food Stores, 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 Town & Country Food Stores, 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 the City of Lubbock, Lubbock County, Texas, and further described as LOTS 1-5, BLOCK 37, SUBURBAN HOMES ADDITION. 585 City Council Meeting August 24, 1995 Page 586 Passed by the City Council this 24th day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte' Debra Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Trial Attorney A copy of the Notice of Intent is filed with Resolution No. 4934. Joel Beesinger, Interim Director of Business and Economic Development, presented staff comments. Town and Country Food Stores has made application for tax abatement in the South Enterprise Zone. The company will build a new travel center/convenience store facility with gas pumps at 202 50th Street. The company agrees to create 20 new jobs within a 12- month period. The estimated construction cost of the new location is $450,000; fixtures and equipment are $1.3 million; and the land cost was $260,000. The term for the request for abatement is five years at 100 percent of eligible property. Estimated completion time for the new store is 120 days. The base year appraisal value of the property is $96,730. The additional value added to the property would be $1.75 million. The total annual amount of tax abatement will be $11,200. The total amount of tax abatement for 5 years will be $56,000. Since the applicant has satisfied the requirements for eligibility, staff recommended favorable consideration by Council, and approval of the contract for tax abatement. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #4934 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Ince was absent from Council Chambers. :: City Council Meeting August 24, 1995 Page 587 (30.) Consider an ordinance calling a charter amendment election for November 7. 1995, for the purpose of amending the charter of the City of Lubbock with regard to disposition of proceeds in the event of sale of Lubbock Power and Light; qualifications and duties of the City Attorney; qualifications and duties of the City Attorney• qualifications and duties of the City Secretary; and providing for remuneration of the Mayor and City Councilmembers. Bob Cass, City Manager, presented staff comments. This ordinance calls for a City Charter amendment election for November 7, 1995. The ordinance provides for four possible changes to the City Charter, which are: Creation of a special fund to be held in trust for the proceeds of any sale of the City Electric System (LP&L). Adding a statement of the qualifications and duties of the City Attorney to the City Charter. Adding a statement of the qualifications and duties of the City Secretary to the City Charter. Providing for reimbursement of expenses of the Mayor and City Council and providing for a monthly stipend for the Mayor and Councilmembers. Following discussion regarding the individual propositions, no action was taken on this item. (32.) Consider a joint election resolution with Lubbock County for a joint election to be conducted on November 7, 1995. No action was taken on this item. Council recessed back into executive session at 2:20 p.m. for the purpose of conducting city attorney candidate interviews and reconvened at 5:45 p.m. (34.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551 074(a),(1), to discuss personnel matters (City Attorney and City Manager). (35.) Hold an executive session in accordance with V.T.C.A. Government Code, section 551 071(1)(A), to discuss pending or contemplated litigation (Electric Utilities and Water Utilities). 587 City Council Meeting August 24, 1995 Page 588 (36.) 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: Airport Board Appointments Advisory Board Building Board of Appeals Community Development Advisory Committee Community Services Commission Human Relations Commission Keep Lubbock Beautiful Advisory Committee Lubbock Citizens Traffic Commission Lubbock Public Transit Advisory Board METTS (Marketing, Entertainment, Tourism, Travel, Sports) Board Public Responsibility Committee (MHMR Center) Neighborhood Certification Committee Urban Design and Historic Preservation Commission ME City Council Meeting August 24, 1995 Page 589 There being no further business to come befor Council, it was the consensus of the City Council to adjourn the meeting at 15 p.m. AVID R. LANGSTONIMAYOR ATTEST: &o,- o' 2,/ Betty M. Johnso , City Secretary Read and approved this the 14th day of ATTEST: Betty M. Johnson, City Secretary :'