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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/27/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 27, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 27th day of February, 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 8:00 A.M. Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. 8:00 A.M. CITY COUNCIL CONVENES City Council Chambers, 1625 13th Street, Lubbock, Texas Mayor Sitton stated the Council will be holding an Executive session, in accordance with the V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager and City Secretary); pending or contemplated litigation (Police Department and Water Utilities); and land acquisition (Electric Utilities). 8:03 A.M. CITY COUNCIL RECESSES TO EXECUTIVE SESSION City Council/City Manager's Conference Room 10:46 A.M. CITY COUNCIL REGULAR MEETING RECONVENES City Council Chambers Mayor Sitton called the meeting to order at 10:46 A.M. �4•) The Invocation was given by Doug Hale, Minister, Vandelia Church of Christ. (5•) Pledge of Allegiance was given in unison by those in the City Council Chambers. (6•) There were no citizen comments. Councilmember Nelson presented the top 10 positive things about Lubbock to say `eyes" to. City Council Minutes February 27, 1997 Page 102 (7.) Ordinance No. 9975--ZONE CASE NO.2453-A (2668 34th Street): Hold a public hearing to consider request of W.L. Roberts (for Independent Tire and Auto Service) for zoning change from C-3 to C-4 Specific Use limited to a public repair garage (automotive) and all C- 3 permitted uses on Lot 13 and the west 22 feet of Lot 14, Block 5, College View Addition, and to consider ordinance. ORDINANCE NO.9975 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2453-A; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING FOR A PUBLIC REPAIR GARAGE (AUTOMOTIVE) ON LOT 13 AND THE WEST 22 FEET OF LOT 14, BLOCK 5, COLLEGE VIEW ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 10:54 a.m. W. L. Roberts appeared on behalf of Independent Tire and Auto Service to present the zone change from C-3 to C-4. Councilmember Ince asked how long the company had been open, and Mr. Roberts responded by saying since August 12. Councilmember Ince asked how many vehicles were parked at the company, and Mr. Roberts responded about 14 or 15. Councilmember Ince expressed concern about the customers parking in another commercial establishment's parking lot, and Mr. Roberts responded that the vehicles did park on another property but that he had the vehicles moved as soon as possible. No one appeared in opposition. Mayor Sitton closed the hearing at 11:00 a.m. Randy Henson, Senior Planner, presented staff comments. As described by Mr. Roberts, the request will accommodate one C-4 permitted use, a repair garage, and retain the existing C-3 permitted uses. Adjacent land uses: North - single family South - commercial East - commercial West - commercial As in several zone change requests within the past year, 34th Street is experiencing a tendency toward heavier commercial uses, which is a normal trend. The Comprehensive Land Use Plan indicates that C-4 should be located on major thoroughfares, preferably regional or state highways. While 34th Street is a major thoroughfare, it lacks the highway designation. The request in this case is to be limited to only one C-4 permitted use, a garage with the objective of providing service to the adjacent neighborhoods. In terms of zoning policy, the request is styled as Specific Use to provide additional garage space. The recycled service station lot lacks enough depth to meet the required TIY� City Council Minutes February 27, 1997 Page 103 five foot rear setback and allow the size building proposed by Mr. Roberts. As the proposed site plan indicates, zero setback on the alley is common for the existing buildings to the east. The site plan is noted to not provide any openings to the alley, which is adjacent to single family. The proponent has solicited support from the residential area north of 34th, and has a letter from the association president. An adjacent commercial property owner expressed concern for vehicles of customers at Mr. Roberts' business being towed in and left on her parking lot. The Planning Commission advised Mr. Roberts to meet and work with that neighbor. Mr. Roberts indicated that his property has an undue number of vehicles at this time because he is processing this zone case and has not been able to do the heavier repairs, but only the tune-up work permitted by the existing C-3 zoning. Mr. Roberts has been provided information by the staff that parking within the visibility triangle at 34th and Boston or in the street right of way is not permitted. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to a garage, public, repair and all permitted C-3 uses. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9975 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (8.) Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve the minutes of the February 13, 1997, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (9.) ORDINANCE NO.9972--Abandon and close a portion of a 15-foot alley located in Block 3, A.J. Coleman Addition to the City of Lubbock (405 N. University Avenue). ORDINANCE NO.9972 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15- FOOT ALLEY LOCATED IN BLOCK 3, A. J. COLEMAN 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. 103 City Council Minutes February 27, 1997 Page 104 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9972 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (10.) ORDINANCE NO. 9973--Abandon and close a portion of a drainage easement located in Section 4, block E, Lubbock County (7310 Avenue Q). ORDINANCE NO.9973 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 4, BLOCK E, 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 Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9973 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (11.) ORDINANCE NO. 9974--Zone Case No. 1893-T (north of 4th Street, west of Frankford): Request of Rick Betenbough (for Betenbough and Co.) for a zoning change from GO to C-3 on a portion of land out of Section 2, Block J-5. ORDINANCE NO. 9974 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-T; A ZONING CHANGE FROM GO TO C-3 ZONING ON A PORTION OF LAND OUT OF SECTION 2, BLOCK J-5, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9974 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (12.) Consider Resolution No. 5425 authorizing the Mayor to execute an alley -use license with Beverly Miles (2008 25th Street). RESOLUTION NO.5425 104 City Council Minutes February 27, 1997 Page 105 and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of February 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Budy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney In 1976, the City of Lubbock issued a 20 year alley -use license to E.A. Blair for a portion of a wood -rail fence and a portion of a garage encroachment in the north -south alley just north of 26th Street and west of Avenue T. This license has recently expired and the new owner, Beverly Miles, has requested a new license. This new license will be for 20 years and the charge will be $50 per year or $250 for the first five years. The Right -of -Way Department recommended the approval of this alley -use license. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5425 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (13.) Consider Resolution No. 5426 authorizing the Right -of - Way Department to make offers to 26 property owners for the 82nd Street widening project (82nd Street, I-27 westward to Avenue U.) RESOLUTION NO.5426 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 public use and purposes, to -wit: for the widening of 82nd Street, 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 lands as needed for such purposes as aforesaid; NOW THEREFORE: 105 City Council Minutes February 27, 1997 Page 106 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to each of the following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT N-2, 4, 5, 6 Dan Field $ 4,350 _ N-3 John A. and Lynda Mason $ 450 N-7 Earl K. Dean $ 450 N-8, 9 Jerry Michael Pevehouse $ 5,350 N-10 C. W. Hunt, Jr. and Donna Hunt $ 4,850 N-11, 15B Glen D. and Mary Joan Adkins $ 690 N-12, 15A, S-1 Lovelle G. Owens $38,740 N-13 Hazel Larue Franklin Mathis, Jack M. Mathis, Jimmie Don Franklin, & Rickey Floyd Franklin $ 340 N-14 Margaret Jane Prather and Jeffrey Dale Prather $ 470 N-16 Virgil D. and Sharon Turner and Velta Dee and Charlene Turner $12,750 N-17 Mary Ann Slagle $ 440 N-18, 19 Santos L. and Lupe Villalobos $ 2,530 S-2 Chris White $38,000 S-3, 4, 5, 6 Dean Shuman $ 7,125 S-7, 8, 14 H. E. Whitney $ 3,780 S-9, 10 All Texas Builders, Inc. $ 2,735 S-11, 12, 13, 15 Mr. W. Fireworks, Inc. $ 5,400 5-16, 17, 18 Juanita Thrash Crabtree $ 1,880 5-19 T. L. and Audie Howard $13,000 5-20 Michael L. Allison $ 550 S-21 Bart Morton Fanning $15,335 5-22, 23 Larry Maughan $ 1,380 City Council Minutes February 27, 1997 Page 107 PARCEL NO. 5-24 5-25 5-26 5-27 OWNER'S NAME AMOUNT Walter H. Black, Jr. and Diane Black $ 9,000 J. H. and Lavelle Bentley and Donna M. Adams $ 9,400 Neill F. and Carol Canfield $18,000 Paul J. Hodges $ 590 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized are more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate, 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 any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 27th day of February 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Budy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney For several years, the widening of 82nd Street from I-27 to Avenue P has been in the planning and funding stages. Recently bond money and State fund participation has allowed the City to begin work on this major road widening project. There are 62 parcels of right-of-way to acquire and 37 property owners to negotiate with. All of the survey work and the appraisal work has been completed on about 90 per cent of this widening project and all that remains is the block of landowners adjacent to I-27 where 82nd Street 107 City Council Minutes February 27, 1997 Page 108 is being shifted northward to align with 82nd Street on the east side of I-27 Tommy Cantrell was the appraiser of these parcels and Shaw Wofford reviewed the appraisals. The majority of these parcels are residential and there are no whole takings or relocation involved. The City is taking approximately 10-feet of additional right-of-way for the north side of 82nd Street and approximately 15-feet of additional right-of-way for the south side of 82nd Street. Of these residential lots, 15 of them contain houses and damages are being paid to these homeowners as well as payment for the right-of-way being taken. The resolution states the parcel number, the owner(s) name, and the appraisal amount which they will be offered. This resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if this amount is not accepted, then condemnation proceedings will be instituted to acquire the property. The Right of Way Department recommended the approval of our offers to all 26 property owners. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5426 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (14.) Consider Ordinance No. 9976 abandoning and closing portions of two drainage easements located in Section 4, Block E, Lubbock County, Texas (7301 Avenue S) ORDINANCE NO.9976 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO DRAINAGE EASEMENTS LOCATED IN SECTION 4, BLOCK E, 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. In 1962, the City obtained at no cost, two 50 foot wide by 1,299 foot long drainage easements between Avenue S and Avenue P, South of Loop 289. This area at that time was to be developed into residential tracts and the easements were located where the extensions of 73rd Street and 74th Street would be. However, residential development ended along the west side of Avenue S and that area is now being developed into commercial tracts. The dedicated easements are now located where platting and building construction is planned and the landowners desire that they be closed. New easements will be dedicated to take care of future drainage in this area. The Street/Drainage Engineering Department has received and approved their drainage plans. 1: City Council Minutes February 27, 1997 Page 109 The Right of Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9976 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (15.) Consider Resolution No. 5427 authorizing the Mayor to execute a street -use license with Luther Avitts (1702 Buddy Holly Avenue formerly known as Avenue H). RESOLUTION NO.5427 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 Street use license with Luther Avitts, Jr., 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. Passed by the City Council this 27th day of February 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Budy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This street -use license allows Mr. Avitts to erect a 5-foot by 79 foot canopy on his building and install three street lamp posts in the parkway of the west side of Buddy Holly Avenue between 17th Street and 18th Street. All of the property owners/store managers were contacted regarding the type of street lamp posts and canopy Mr. Avitts desires to install and have agreed to this installation and style. The charge for this license will be $68.85 per year. This was calculated by taking the 395 square feet of the canopy area times the appraised land value of $2.00 per square foot times the street use license formula for an aerial encroachment which is 395 square feet x $2.00 x 755 x 10 City Council Minutes February 27, 1997 Page110 per cent = $59.25 per year. The three lamp posts are 4-feet by 4-feet each for a total space occupied of 48 square feet. Using the street -use license formula for a surface encroachment, a value is determined of 48 square feet x $2.00 x 10 per cent = $9.60. Total amount due per year for this license will be $68.85. This license will be for 20 years, payable every five years in advance, or $344.25. The Right -of -Way Department recommended the approval of this street -use license. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5427 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (16.) Consider Resolution No. 5428 authorizing the Mayor to execute for and on behalf of the City of Lubbock a Second Amendment to the Joyland Amusement Park Lease Agreement. RESOLUTION NO 5428 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 Second Amendment to the Joyland Amusement Park Lease Agreement, 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. Passed by the City Council this 27th day of February 1997. /s/ WINDY SITTON ATTEST: WINDY SITTON, MAYOR /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus-Somma Carolyn Aliamus-Somma, Director of Culture and Leisure Services APPROVED AS TO FORM: /s/Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 110 City Council Minutes February 27, 1997 Page I I I The City of Lubbock currently has a lease agreement with Joyland Amusement Park which expires in February, 2006. The current agreement includes a compensation package to the city for use of the Mackenzie Park area. As the services offered to customers of Joyland have evolved, City staff recognized the need to clarify those services in which the City should receive compensation. Section 9 of the lease agreement has been changed to the following: "It is understood and agreed by all parties that "gross receipts" shall be construed to mean all sums of money coming into the hands of the Concessionaire as a result of the operations of Joyland Amusement Park after the deduction of all amusement taxes." The amendment to the contract will result in the City of Lubbock receiving a percent of revenues on rides, food concessions, games and any other revenue generating service Joyland creates. The estimated additional revenue to the City as a result of this amendment is $2,500 per year. Staff recommended City Council's approval of the Second Amendment to the Joyland Amusement Park Lease Agreement. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5428 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (17.) Consider Ordinance No. 9977 amending Ordinance 9971 by correcting a typographical error and adding to definition of "telecommunications service." ORDINANCE NO. 9977 AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS FRANCHISING AND CORRECTING A TYPOGRAPHICAL ERROR; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The City Council finally passed a new Telecommunications Franchising Ordinance at its Council meeting of February 13, 1997. AT&T has contacted the consultant for the City of Lubbock with regard to changes and corrections to such ordinance desired by AT&T. Upon discussion with AT&T's legal counsel, it was determined that the ordinance had a typographical error that needed to be corrected and that three words needed to be added to the definition of "Telecommunications Service". These changes are not substantive but are needed to make the ordinance totally correct in the opinion of Mark Smith, the City's telecommunications' consultant. 111 City Council Minutes February 27, 1997 Page 112 The City Attorney's Office recommended approval of this Telecommunications Franchising Ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9977 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. (18.) Bid #97007--Farm Implements (Land Application Site). Western Implement Company of Lubbock, TX $17,768.00 Bigham Brothers, Inc. of Lubbock, TX $6,703.20 Hurst Equipment Company of Lubbock, TX $9,486.00 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. Councilmember Neugebauer had stepped away from the dais. (19.) Bid #97014--Pipe, Valves & Fittings (Water Utilities). Morrison Supply Company of Lubbock, TX --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. Councilmember Neugebauer had stepped away from the dais. (20.) Bid #97017--Agricultural Seed - Annual Pricing (Land Applications Site). George Warner Seed Company of Hereford, TX $39,298 McCormick Seed, Inc. of Muleshoe, TX $24,700 Richardson Seed, Inc. of Lubbock, TX $7,500 Bamert Seed Company of Muleshoe, TX $1,100 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. Councilmember Neugebauer had stepped away from the dais. 112 City Council Minutes February 27, 1997 Page 113 (21.) Bid #97020--Mae Simmons Swimming Pool Renovation, and authorize same (Culture & Leisure Services). RESOLUTION NO.5429 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 by and between the City of Lubbock and Wardroup & Associates, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Mae Simmons Swimming Pool Renovation, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of February 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, 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 COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 27th day of February, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Wardroup & Associates, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, herein 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: 113 City Council Minutes February 27, 1997 Page114 BID # 97020 - MAE SIMMONS POOL RENOVATION - $102,846.00 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 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 bid 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/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuesche Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver First Assistant City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Wardroup & Associates, Inc. By: /s/ Dennis W. Wardroup PRINTED NAME: Dennis W. Wardroup TITLE: President COMPLETE ADDRESS: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, Texas 79410 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve Resolution No. 5429 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Councilmember Neugebauer had stepped away from the dais. 114 City Council Minutes February 27, 1997 Page 115 (2.) Consider Resolution No. 5430 authorizing the Mayor to execute an Agreement for Professional Services between the City of Lubbock and VERTEX Targeted Opportunities, Inc. to identify and obtain reimbursement for Medicaid Administrative costs. RESOLUTION NO.5430 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 Professional Services by and between the City of Lubbock and Vertex Targeted Opportunities, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of February 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Doug Goodman, Director of Health and Community Services, presented staff comments. The Health Department has been a Medicaid provider since 1988. Revenues from Medicaid were generated from clinical services provided, chiefly prenatal care and women's health, and from laboratory services for clinic -related specimen testing. Income generated was used to enhance services, procure needed equipment and support the dental clinic, thus sparing General Fund appropriations. With the closure of women's health clinics, Medicaid revenues have declined from a high of $315,000 during FY 93-94 to $76,000 generated last fiscal year, 95-96. The VERTEX company representative met with key Health Department staff to inform us that we could bill for and 115 City Council Minutes February 27, 1997 Page116 collect Medicaid Administrative fees. This situation has come about from 1990 changes in Federal Medicaid language allowing non -state funds to be used to support Medicaid when the state delegated portions of their administrative responsibilities to other public agencies. The State of Texas has just begun to allow local public entities, such as Health Departments, Schools and MHMRs to enter into agreements, so that local funds that support Medicaid administrative activities can be reimbursed by Federal dollars. Reimbursable Medicaid Administrative activities are broadly defined as "activities found necessary by the Secretary for the proper and efficient administration of the state Medicaid plan." These activities include: outreach to inform clients about Medicaid, care planning and coordination, interagency coordination, health education and program development. Many of these activities are currently performed by staff in the course of carrying out their job responsibilities. VERTEX has a 13 year history of specialization in government cost accounting practices, procedures and software programs. They will prepare an Implementation Plan, obtain approval, train our staff on claiming procedures and codes, compile financial and time study information, compute the claim and walk it through State and Federal approving agencies. These procedures will create very little extra work for designated Health Department staff. Although we cannot project exactly how much income will be generated, it is a "no risk" situation for the City. VERTEX receives 22 per cent of whatever Medicaid Administrative costs are generated, and only after Health Department claims are paid. This is a win -win agreement, even if welfare reform changes Medicaid provisions. Staff is not out any money, and we stand a chance of generating additional revenue. This agreement supports Management Team Strategy to develop contingency plans for federal or state funding reductions/phase outs. Staff have already experienced significant reductions in Medicaid income. The agreement with VERTEX would allow us to recover additional funds; therefore, staff recommended approval of the resolution. Motion was made by Councilmember Ince, seconded by Councilmember Nelson to authorize Resolution No. 5430 to execute the agreement as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 116 City Council Minutes February 27, 1997 Page 117 (23.) Consider Ordinance No. 9978 granting Southwestern Bell Telephone Company a franchise authorizing and governing the use of City property and public rights -of - way to provide telecommunications services within the City of Lubbock. ORDINANCE NO. 9978 -- AN ORDINANCE GRANTING SOUTHWESTERN BELL TELEPHONE COMPANY A FRANCHISE AUTHORIZING AND GOVERNING THE USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF LUBBOCK. Dan Vandiver, First Assistant City Attorney, presented staff comments. He noted that there were few changes in the new version --primarily minor changes. The purpose of this agenda comment is to briefly summarize the proposed Southwestern Bell Telephone Company ("SWBT") franchise, a copy of which is attached. As you know, the Telecommunications Ordinance which the City passed on second reading on February 13, 1997, contains comprehensive terms and conditions under which a franchise grantee must operate during the life of the grantee's franchise. With the exception of two paragraphs, the attached SWBT franchise proposal is a standardized form. It adopts by reference all of the operative provisions contained in the Telecommunications Ordinance. Paragraph 1 grants the telecommunications franchise to SWBT, subject to all of the terms, conditions, and provisions of the telecommunications ordinance, which paragraph 1 incorporates by reference into the SWBT franchise. Paragraph 2 simply clarifies that the definitions used in the SWBT franchise are the same as those contained in the Telecommunications Ordinance. Paragraph 3 fixes the term of the SWBT ordinance. The three year term specified in paragraph 3 is the same as is required by Section 6 of Article III of the Telecommunications Ordinance. Paragraph 4 merely restates the compensation required to be paid by SWBT to the City for use of City Property and the Public Rights -of - Way. The required compensation is exactly the same as set forth in Section 4 and 7 of Article IV of the Telecommunications Ordinance. Paragraph 5 is boiler- plate intended to make clear that SWBT is required to pay all other compensation, perform all duties and comply with all obligations and requirements imposed by the Telecommunications Ordinance. Paragraph 6 is a negotiated provision unique to the SWBT franchise. Paragraph 6 requires SWBT to dismiss a lawsuit that is currently pending against the City which seeks damages from the City for injury done by a city construction crew to SWBT facilities. It was made clear to SWBT that the City would insist on dismissal of that suit, and SWBT has agreed to dismiss it. Although the language of paragraph 6 is stated in mutual terms, it is the Legal 117 City Council Minutes February 27, 1997 Page 118 Department's understanding that the City has no pending litigation against SWBT at this time. Paragraph 7 is also a negotiated provision unique to the SWBT franchise. The Telecommunications Ordinance does not require telecommunications providers to give free use of any telecommunications facilities to the City. The current SWBT franchise (Ordinance No. 9452) does, however, require SWBT to provide the City with free use of one duct in each of SWBT's existing ducted facilities within the city limits. The purpose of paragraph 7 is to ensure that the City is allowed continued use of any SWBT ducts which the City is currently using as of the date of passage of the SWBT franchise ordinance. SWBT has agreed to this provision. Paragraph 8 requires SWBT to accept the ordinance within thirty days from the date of final passage of the ordinance by the city council. Paragraph 9 makes clear that SWBT cannot transfer any other rights granted by the franchise without first complying with all of the transfer requirements and conditions set forth in the Telecommunications Ordinance. Paragraph 10 is cautionary language intended to make crystal clear that SWBT obtains no right, title or interest in City Property or Public Rights -of -Way other than as set forth in the Telecommunications Ordinance, and that SWBT's right to occupancy of the Rights -of -Way terminates upon termination of the franchise. Paragraph 11 provides that, should changes in federal or state law render the compensation formula or the scope or substantive content of the Telecommunications Ordinance impermissible, the parties must negotiate a new franchise agreement. This language is intended to protect both the City and SWBT in the event a substantial change in law occurs during the life of the franchise. The final paragraph of the proposed SWBT ordinance is simply a saving clause which prevents the entirety of the ordinance from being rendered invalid in the event that only a small portion of the ordinance is declared unconstitutional or invalid. In summary, the proposed SWBT ordinance is a straight- forward boiler -plate document, with the exception of paragraphs 6 and 7, which are negotiated provisions specifically tailored to SWBT's peculiar circumstance. All future telecommunications franchise ordinances will contain language identical to that reflected in the attached franchise ordinance. The City Attorney's Office recommended approval of the Southwestern Bell Telephone Company Franchise. Councilmember Neugebauer stated that the agreement was between the City of Lubbock and Southwestern Bell regarding the use of City right-of-way. The City is not agreeing to any rate increase --the calculations are based upon a per -line utilization, but has nothing to do with a rate 118 City Council Minutes February 27, 1997 Page 119 increase. Southwestern Bell may or may not elect to pass through the additional cost. Councilmember Hernandez questioned if this was a trend. This will increase revenue to the City in the amount of $600,000. Councilmember Hernandez stated that the practical effect increases the cost of doing business and effects the bottom line. Councilman Neugebauer asked for a clarification as to the fee being established for the City to acquire and maintain the right-of-way. Bob Cass agreed. Bob Cass stated that the $600,000 fee was a product of negotiations because staff was under a direction from the City Council to maximize a return on investments. Mark Smith, consultant, stated that the fee formula provided a bias -neutral position to assess a nondiscriminatory issue. Councilmember Neugebauer stated that he would not want to be so aggressive to make Lubbock noncompetitive, and asked how long was the period of the contract. Mark Smith responded that it was three years. Councilmember Cooke stated that other parties will need to sign a similar document, dismissing the lawsuits may be advisable to leave in with the next vendor. Mark Smith responded that this provision in the document might be problematic for other parties. Councilmember Cooke asked, what if Cox Cable wanted to sign? The response would this not preclude it. Motion was made by Councilmember Cooke, seconded by Councilmember David Nelson to pass on first reading Ordinance No. 9978 as recommended by staff. Motion carried: 6 Yeas; 1 Nays. Councilmember Hernandez opposed Councilmember Hernandez stated that he understood that the cost would be passed on to the consumers and compared the ordinance to an unfunded mandate. (24.) Consider a Resolution authorizing the Mayor to execute a contract with David M. Girth & Associates, Ltd., to provide professional services for the purpose of auditing franchise fee payments. Mendell Schelin, Internal Auditor, presented staff comments. The City Council has granted franchise agreements for companies to have the right to do business within the City. In exchange for these franchises, both Energas and Southwestern Public Service pay a fee equal to three percent of their gross annual revenues. Because the fees paid are significant, the staff believes that from time to 119 City Council Minutes February 27, 1997 Page 120 time it is prudent to review the franchisees' books and records as allowed by the franchise agreements. Such an audit would test the compliance with the terms of the franchise contracts and insure that all fees due for the use of public right-of-ways are being paid to the City. Franchise fees collected from Southwestern Public Service and Energas over the past four years have been: YEAR/30/XXSPS Energ_as 1993 $1,502,194.57 $1,045,266.50 1994 1,577,604.08 1,048,491.54 1995 1,557,906.97 933,052.28 1996 1,598,624.53 1,256,117.94 Totals $6,236,330.15 $1919.766.71 Other franchisees will be audited as these are completed. Eventually, all fees will have been reviewed in our efforts to be fiscally responsible. The City's Internal Audit staff has extensive audit experience. However, the auditing of utility franchise agreements requires specialized experience and expertise. David M. Griffith and Associates (DMG) has a staff of professionals with more than thirty years of experience in dealing with municipal franchise matters including litigating, negotiating and auditing franchise agreements. DMG has agreed to perform the audits on a contingent fee basis. The proposed fee arrangement would have the City split with DMG on a fifty-fifty basis any additional amounts of franchise fees collected. The City would also reimburse DMG their actual travel and per diem expenses up to $2,500 per franchisee audited. The staff recommended that the contract with David M. Griffith and Associates (DMG) for the audits of franchise fee payments be approved. Mendell Schelin stated that Griffith was willing to cap at one million dollars. Councilmember Nelson stated that the one million created some discomfort. Councilmember Ince concurred, especially with the anticipation of $200,000 being high. Councilmember Neugebauer recommended a sliding scale, cautioned not to disenfranchise the vendor. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to continue this item until a later date. Motion carried: 7 Yeas; 0 Nays. 120 City Council Minutes February 27, 1997 Page 121 (25.) Consider one appointment to Market Lubbock Economic Development Corporation Board of Directors. Councilmember Cooke made a motion to name Jim Crowson to the Market Lubbock Economics Development Corporation Board of Directors. Councilman Neugebauer seconded the motion. Motion carried: 7 Yeas, 0 Nays. The City Council recessed at 11:30 a.m. to hold an Executive session, in accordance with the V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager and City Secretary); pending or contemplated litigation (Police Department and Water Utilities); and land acquisition (Electric Utilities). The City Council reconvened at 12:30 p.m. There being no further business to come before Council, Councilmember Neugebauer made a motion to adjourn, Councilmember Nelson seconded the motion. Motion carried: 5 Yeas; 0 Nays. ATTEST: ayt I arnell, City Secretary Read and approved this � %'X da of �� 1997., pp Y � WINDY SITTOFMAYOR ATTEST: / W Ht-4--� aythDarnell, City Secretary 121