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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/11/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING APRIL 11, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of April, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem. Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T. J. Patterson Absent: Councilmember Hernandez CITIZEN COMMENTS Several citizens made comments regarding the proposed amphitheater. Those speaking were: Bobbye Crawford; Andy Wilkerson; Eddie Richardson, co-owner of Southwest Digest; and Rich Smith with Levi Ministries. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager; City Secretary; Municipal Court Judge); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Police Department); to deliberate the deployment, or specific occasions for implementation of security personnel or devices at the City of Lubbock Municipal Buildings; and personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions). 7:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Councilmember Hernandez. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager; City Secretary; Municipal Court Judge) and take appropriate action. ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Police Department). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076, to deliberate the deployment, or specific occasions for implementation of security personnel or devices at the City of Lubbock Municipal Buildings. Regular City Council Meeting April 11, 2002 Page 240 ( 5.) 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: Animal Shelter Advisory Committee Public Transit Advisory Board Youth Commission -Students 9:10 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T.J. Patterson 9:40 A. M. Councilmember Hernandez arrived. 10:45 A. M. Councilmember McDougal left the session. ( 6.) Update on Reese Center. Board (30 minutes) This item was deleted. Delbert McDougal, Chairman of LRRA (7.) Presentation about the history, planning and financing of the Mackenzie Park Amphitheater. Jim Bertram, former Director of Strategic Planning; Corbin Pemberton, Community Projects Manager (30 minutes) Planning for the Mackenzie Park Amphitheater began in 1995 when it was specifically listed in the Goals for Lubbock 2001, A Vision into the 21" Century. The project began to gain momentum in September 1998, when the design team of Carter & Burgess, Inc. and Parkhill, Smith and Cooper were commissioned by the City of Lubbock to create a new, visionary plan for the continued development of the Canyon Lakes System. The design team prepared conceptual alternatives that address the feasibility of completing the series of lakes and recreational attractions in the canyon. Carter and Burgess, Inc. presented the Canyon Lakes Feasibility Study to the City Council on June 10, 1999. Included in the Feasibility Study was the proposed Amphitheater for Mackenzie Park. Planning for the Mackenzie Amphitheater continued as the project was scrutinized by the Citizens Advisory Committee (CAC) prior to recommending its inclusion in the September 1999 Bond Election. Members of the CAC met with the owner of the private amphitheater and the public project was included only after the committee members were convinced that the Mackenzie Amphitheater was fundamentally different than the private amphitheater. On September 18, 1999, the citizens of Lubbock approved $14.765 million for park improvements with $1.7 million planned for the Mackenzie Amphitheater. In October 1999, the City of Lubbock issued a Request for Proposals (RFP) for the architectural -engineering services for the Amphitheater. In March 2000, the City Council approved the design contract for the outdoor theater that included demolition, dirt work, site concrete, concrete seating area, stage building, restrooms, lighting/sound control booth, landscaping, fencing, utility service, site lighting and grass seating. The original concept for the stage was multi -use, with the ability to present performances to both sides of the lake. The design fee, including reimbursable expenses, was not to exceed $210,000. The estimated value of construction was $1.5 million. r-M Regular City Council Meeting April 11, 2002 Page 241 In March -June 2000, several design meetings were held that included members from the Millennium Advisory Committee, the Parks and Recreation Board, and potential users of the facility. These planning sessions included the goal of ensuring that the public amphitheater would not compete with the private amphitheater. In May 2000, the City of Lubbock hired Webb Management Services to prepare the Lubbock Outdoor Facilities Business Plan. The most important component of the study included the investigation of potential uses and users of the amphitheater. The interviews of twenty-nine individuals representing private, public and non-profit arts groups resulted in the demand for a performing arts venue that would fit the needs of ballet, symphonic, and theatrical performances. In July 2000, the Business Plan was presented to the City of Lubbock. The overarching recommendation was that the Mackenzie Amphitheater should add functional attributes including a covered stage, backstage area, equipment, and superior acoustical quality. The capacity should be small, available and affordable for the local arts organizations and community groups. In August 2000, the City of Lubbock began the initial archaeological investigations as required for all public construction projects. These investigations were based on the facility as recommended in the Business Plan. Over the next year, the archaeology continued and the facility footprint was moved approximately 150 feet to the south to avoid a large concentration of culturally significant artifacts. With the archaeology issue resolved, the City Council approved an amendment to the design contract in September 2001. This amendment expanded the scope of the design from the originally planned venue to the venue as recommended to meet the performance needs of the user groups. The estimated value of construction was expanded from $1.5 million to $2.25 million. In December 2001, the plans for the 2,000-seat facility were completed and the construction documents were bid in January 2002. The bids closed in February, and the local construction firm has submitted a letter notifying the City that their low bid of $2.769 million is valid through April 25, 2002. Recently, the financial viability of the private amphitheater has directed attention to the Mackenzie Amphitheater project. Due diligence has been given to ensure that all options have been explored. Prior to the April 11 work session presentation, additional meetings with the Millennium Advisory Committee and the user groups will be held to gauge their support. At the April 25, 2002 City Council meeting, it is anticipated that the agenda will include an action item for the approval of the construction contract for the Mackenzie Amphitheater. Tommy Gonzales, Assistant City Manager, Community Services introduced Jim Bertram, former Director of Strategic Planning, and Corbin Pemberton, Community Projects Manager and Kathy Parker, Chair of the Millennium Advisory Committee. Jim Bertram and Corbin Pemberton then made a presentation about the history, planning and financing of the Mackenzie Park Amphitheater. 241 Regular City Council Meeting April 11, 2002 Page 242 User groups addressing the Mackenzie Park Amphitheater issue were: In favor: Phyllis Jones, who does event coordinating for the community and is Chair of Parks & Recreation Commission and President of Broadway Festivals; Andy Wilkerson; Tim McIntire; Jay Brown; Managing Director of Lubbock Community Theater; Bobbye Crawford; Stephanie Allison, Executive Director of Broadway Festivals; Eddie Richardson, co-owner of Southwest Digest and involved in Juneteenth Celebration and Broadway Festivals; and Cliff Ashby. Steve Massengale also addressed Council on behalf of Lubbock Chamber of Commerce. Jim Gilbreath, Chairman of Steering Committee for Bond Election 1999, hopes Council looks to private funds exclusively if project goes over $1.7m. Holly Holder, Parkhill, addressed how they arrived at the dollar amount to retrofit current amphitheater. Kim Morris, owner of Caprock Amphitheater, spoke against the new project and suggested the City go in with him on his amphitheater. Mayor Sitton requested Tommy Gonzales to try to get commitment from anonymous donor for $1,000,000 instead of $500,000. Councilmember Hernandez asked City Manager Bob Cass to reconcile how if voter's approved $1.7m for the project that we are now $lm over this amount. (8.) Briefing regarding current status of the City's Federal Legislative efforts. Tony Privett, Director of Communications & Legislation (15 minutes) This item was deleted. 12:02 A. M. WORK SESSION RECESSED 12:03 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Linda Chamales, Assistant City Attorney; and Rebecca Garza, City Secretary Absent: Councilmember McDougal. Mayor Sitton called the meeting to order at 12:03 A. M. (9.) Invocation by Pastor Gary Hall, Monterey Baptist Church This item was deleted. (10.) Pledge of Allegiance to the Flag. This item was deleted. BOARD APPOINTMENT RECOGNITION Neighborhood Redevelopment Commission Receiving: Carroll Blackwell This item was deleted. 242 Regular City Council Meeting April 11, 2002 Page 243 CITIZEN APPEARANCES (11.) Presentation of a special recognition to Nicole Neal for being crowned 2002 Miss Lubbock U.S.A. and Kelsey Wright for being crowned 2002 Miss Lubbock Teen U.S.A. This item was deleted. CONSENT AGENDA (Items Nos. 12-31, 33-36) Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to approve Items 12-31, 33-36 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (12.) Approval of Minutes: March 28, 2002 Regular City Council Meeting (13.) Ordinance No. 2002-00032-Abandoning and closing a six-foot by six- foot switch enclosure easement for Lubbock Power & Light located in Tract "C", Southwest Haven Addition to the City of Lubbock (4810 South Loop 289) (second and final reading). ORDINANCE NO. 2002-00032 AN ORDINANCE ABANDONING AND CLOSING A 6 FOOT BY 6 FOOT LP&L SWITCH ENCLOSURE EASEMENT LOCATED IN TRACT C, IN THE SOUTHWEST HAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS 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. (14.) Ordinance No. 2002-00033-Authorizing an interest rate hedge agreement related to Waterworks Revenue Refunding Bonds, Series 2005; providing for payments there under by a lien on and pledge of the net revenues of the City's waterworks; enacting other provisions incident thereto; and providing for an effective date (second and final reading). ORDINANCE NO. 2002-0033 AN ORDINANCE AUTHORIZING AN INTEREST RATE HEDGE AGREEMENT RELATED TO WATERWORKS REVENUE REFUNDING BONDS, SERIES 2005; PROVIDING FOR PAYMENTS THEREUNDER BY A LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY=S WATERWORKS; ENACTING OTHER PROVISIONS INCIDENT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE (15.) Ordinance No. 2002-00034-Amending Chapter 4 of the Code of Ordinances of the City of Lubbock, Texas, with regard to animal care generally; fees for licenses, permits and impoundments; repeal of Ordinance No. 8358; creation of the Animal Shelter Advisory Committee; providing from criminal penalties; providing a savings clause; and providing for publication (second and final reading). ORDINANCE NO. 2002-00034 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ANIMAL CARE GENERALLY; FEES FOR LICENSES, PERMITS AND IMPOUNDMENTS; REPEAL OF ORDINANCE NO. 8358; CREATION OF THE 243 Regular City Council Meeting April 11, 2002 Page 244 ANIMAL SHELTER ADVISORY COMMITTEE; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 2002-00035-ZONE CASE NO. 2541-A (7901 West 19`h Street): Request of James Ruthardt to amend the conditions of Ordinance No. 8824 to allow a game room as a permitted use on Lot(s) 1-17, Alcove Addition (second and final reading). ORDINANCE NO. 2002-R00035 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2541-A; AMENDING THE CONDITIONS OF ORDINANCE 8824 TO ALLOW A GAME ROOM AS A PERMITTED USE ON LOT(S) 1-17, ALCOVE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 2002-00036-ZONE CASE NO. 2519-C (southwest corner of Spur 327 and Iola Avenue): Request of Hugo Reed and Associates, Inc. (for CMS Properties) for a zoning change from C-3 to IHC on an unplatted 32.8-acre tract of land out of Section 36, Block A-K (second and final reading). ORDINANCE NO. 2002-00036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2519-C; A ZONING CHANGE FROM C-3 TO IHC ZONING ON AN UNPLATTED 32.8-ACRE TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 2002-00037-ZONE CASE NO. 2933 (south of 82°d Street and west of Milwaukee Avenue): Request of Rick Betenbough (for Betenbough Quality Homes) for a zoning change from T to R-1 Specific Use and R-2 Specific Use for 20-foot front setbacks and 5-foot side setbacks adjacent to streets, C-3, A-2, GO on 320 acres of unplatted land out of the east half of Section 27, Block AK (second and final reading). ORDINANCE NO. 2002-00037 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2933; A ZONING CHANGE FROM T ZONING TO C-3, A-2, GO ZONING AND TO R-1 SPECIFIC USE AND R-2 SPECIFIC USE FOR 20-FOOT FRONT SETBACKS AND 5-FOOT SIDE SETBACKS ADJACENT TO STREETS, ON 320 ACRES OF UNPLATTED LAND OUT OF THE EAST HALF OF SECTION 27, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2002-00038-ZONE CASE NO. 1794-G (northwest corner of 98`h Street and Indiana Avenue): Request of Hugo Reed and Associates, Inc. (for Lubbock Commercial Buildings) for a zoning change from C-2 and A-2 to C-2 and R-1 Specific Use on 5.23 acres of unplatted land out of Section 14, Block E-Z (second and final reading). 244 Regular City Council Meeting April 11, 2002 Page 245 ORDINANCE NO. 2002-00038 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1794-G A ZONING CHANGE FROM C-2 AND A-2 TO C-2 AND R-1 SPECIFIC USE ZONING ON 5.23 ACRES OF UNPLATTED LAND OUT OF SECTION 14, BLOCK E-Z, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) Ordinance No. 2002-00039-ZONE CASE NO. 2934 (south of 98" Street and west of Fulton Avenue): Request of Hugo Reed and Associates, Inc. (for Craft Development Corporation) for a zoning change from T to R-2 and R-1 Specific Use for garden homes and R-1 Specific Use for 20-foot front setbacks on 166 acres of unplatted land out of Section 21, Block AK (second and final reading). ORDINANCE NO. 2002-00039 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2934; A ZONING CHANGE FROM T TO R-1 AND R- 2 SPECIFIC USE FOR 20-FOOT FRONT SETBACKS AND TO R-1 SPECIFIC USE FOR GARDEN HOMES ON 166 ACRES OF UNPLATTED LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance No. 2002-00041 abandoning and closing two portions of a right-of-way easement for 82nd Street recorded in Volume 507 Page 363 of Deed Records of Lubbock County, Texas (1901 82nd Street) (first reading). ORDINANCE NO. 2002-00041 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 98Tx STREET LOCATED IN SECTION 14, BLOCK E-2, 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 1953, a 40-foot wide right-of-way easement dedication was granted to the County for the south side of 82nd Street from approximately Avenue P westward to Avenue U. In 1999 when 82nd street was widened, the street was moved northward to miss a major gas line in the south side of 82nd Moving the street northward -created excess right-of-way on the south side of 82n1 Street that the City no longer needs or will have to maintain. This right-of-way easement area being closed is approximately 7 feet in width and the total area of the two portions being closed is 11.772 square feet. Staff recommended the approval of the first reading of this ordinance. (22.) Ordinance No. 2002-00042 conforming the list of voting precincts to the official City voting map adopted January 23, 2002 (first reading). ORDINANCE NO. 2002-00042 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4(b) WITH REGARD TO CONFORMING THE LIST OF VOTING PRECINCTS CONTAINED IN THE VARIOUS CITY COUNCIL 245 Regular City Council Meeting April 11, 2002 Page 246 DISTRICTS TO ORDINANCE NO. 2002-00009 ENACTED JANUARY 23, 2002; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. This item is a routine housecleaning ordinance to conform the list of precincts in the Council districts to reflect the changes that were made in January creating two new precincts and changing some polling places and boundaries as a result of the County's precinct revisions required by the state redistricting lawsuit. Although the Council already approved the two tiny precincts, Nos. 115 and 116 and they have been presubmitted, they were not added to the list of precincts contained in District 5 when they were approved. This ordinance will do that. Again, this ordinance is merely housekeeping and it does not reflect any changes in voting practices or procedures that will require submission to the Justice Department (the actual change has already been submitted). There are no changes to Council district boundaries involved in this or the prior ordinance. This ordinance merely serves to make the official map and the list of precincts match. Staff recommended approval of this ordinance. (23.) Resolution No. 2002-RO127 authorizing the Mayor to execute a monitor well permit with Texas Roofing Company of Lubbock, Inc. for two monitor wells (708 191h Street and 1911 Avenue F). RESOLUTION NO. 2002-RO127 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 and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Texas Roofing Company of Lubbock, Inc. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1lth day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice 246 Regular City Council Meeting April 11, 2002 Page 247 A copy of the Agreements is filed with Resolution No. 2002-R0127. This monitor well permit allows Grimes and Associates to drill two ground water monitor wells in City property. The first monitor well will be drilled just west of Avenue F and north of 191h Street in the south edge of the Buddy Holly Center parking lot. The second monitor well will be drilled in the east right-of-way of Avenue F just south of 19' Street. Texas Roofing Company at the southwest corner of 19' Street and Avenue F had an underground leaking fuel tank and the TNRCC has requested that they go off site with a couple of monitor wells in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $200 per year for these two monitor well locations. Staff recommended the approval of this resolution. (24.) Resolution No. 2002-RO128 authorizing the Mayor to execute a right- of-way easement with the Texas A&M University System for a Lubbock Power & Light easement on the Texas A&M University Agricultural Research and Extension Center (north of Airport). RESOLUTION NO. 2002-RO128 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 Right -of -Way Easement and associated documents for an overhead electrical line located on the Texas A&M University Agricultural Research and Extension Center, by and between the City of Lubbock and Texas A&M University System (TAMUS). Said easement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 11th of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Easement is filed with Resolution No. 2002-R0128. Texas A&M requires that the City enter into a 10-year easement which allows Lubbock Power & Light to have their facilities on the agricultural experiment station just north of the airport. There is no charge to the City for this easement. Staff recommended the approval of this resolution. 247 Regular City Council Meeting April 11, 2002 Page 248 (25.) Resolution No. 2002-RO129 approving estimates of the cost of paving improvements on the Milwaukee Avenue assessment paving program and setting the date and time for a public hearing for the owners of the abutting property. PROJECT NOS. 9619, 9620 MILWAUKEE AVENUE ASSESSMENT PAVING PROGRAM RESOLUTION NO. 2002-RO129 A RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, CONSTRUCTING CURB AND GUTTER, AND PAVING PORTIONS OF A CERTAIN STREET ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING FOR THE OWNERS OF ABUTTING PROPERTY AND OTHER PERSONS INTERESTED IN SAID PROPERTY, AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID HEARING ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the City Council of the City of Lubbock as heretofore ordered that a portion of said street be improved by grading, installing concrete curb and gutter and street pavement with caliche base and/or asphalt stabilized base and one and one-half (1- 1/2) inch asphalt surface, together with incidentals and appurtenances; and WHEREAS, the City Council of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT such estimates be and are hereby adopted and approved. SECTION 2. THAT notice of a hearing be given to the owners of property abutting upon the hereinbelow mentioned portions of said street and to all others interested in said property. The Governing Body of the City of Lubbock has heretofore ordered that the following portions of said street in and long the boundary of the City of Lubbock, Texas, be improved by raising, grading, filling and installing concrete curbs and gutters, street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch asphalt surface where necessary on said street designated below. It is hereby found and determined that the cost of the improvements on such portions of said street with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof, on the portions of said street is as follows, to -wit: The following eighty-six (86) foot wide street: Milwaukee Avenue from FM 2255 (41h Street) to 34`' Street known and designated as Unit Number 2386, Sub -Unit 004. The total estimated cost of the improvements is $5,457,153.96. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $7.42. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $50.62 for front property in R-1 or R-2 zones, and $84.37 for front property in other than R-1 or R-2 zones. An arrangement for the making and construction of such improvements with pavement of one and one-half (1-1/2) inch asphalt surface and a completed caliche base and/or asphalt stabilized base in said street has been made and entered into by the City of Regular City Council Meeting April 11, 2002 Page 249 Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof, have been filed with the City, such rolls or statements showing other matters and things, and have been approved; and the City Council of said City, has fixed a time and place for a hearing for the owners of property abutting upon said portions of said street and for all others interested in said property, at which hearing the amounts to be assessed against the respective parcels of abutting land the owners thereof for improvements to the unit upon which the particular parcels of property abut the amount of benefits to the respective parcels of property abut, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined; and after such hearing, assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in the regular City Council Meeting Room in the Municipal Building, 1625 13' Street, in the City of Lubbock, Texas, on the 23`d day of May, 2002 at 11:30 a.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Engineer of the City of Lubbock and open to inspection by any interested parties, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 11`' day of April, 2002. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. SECTION 3. THAT a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, for all persons owning or claiming any interest in property abutting any part or portion of said street described in Section 2 of this Resolution, as well as all other persons in anywise affected or interested. Such hearing shall be given and held on the 23`d day of May, 2002 at 11:30 a.m. o'clock on the first floor in the Municipal Building, City of Lubbock, Texas, and the City secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of (Subchapter D of Chapter 314) of the Texas Transportation Code. Such notice shall be advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States Mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting said street, or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock, and at the addresses shown, or if the names of such respective owners do not: appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City, at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this Resolution and said provisions of the Transportation Code. Passed by the City Council this I Ith day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 249 Regular City Council Meeting April 11, 2002 Page 250 APPROVED AS TO CONTENT: /s/ R. Keith Smith for Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section This resolution is the fifth of five resolutions required to initiate an assessment -paving program. The proposed paving improvements are as follows: Milwaukee Avenue from FM 2255 (4"' Street) to 34t' Street A date and time need to be established so that the required notification can take place. The May 23, 2002 City Council meeting is proposed for the date. A time of 11:30 AM is being suggested for the public hearing. Milwaukee Avenue was not petitioned, but is being paved at Council direction. This street is an approved project in the Street Capital Projects budget. The hearing will establish the portion of the cost to be charged to the abutting property owners. Staff recommended approval of this resolution. (26.) Resolution No. 2002-RO130 providing for improvements to portions of streets and alleys in the City of Lubbock, Texas and along the boundaries of said City and directing approval to make such improvements. RESOLUTION NO. 2002-RO130 2001 ASSESSMENT PAVING PROGRAM WHEREAS, the City Council of the City of Lubbock by Resolution Nos. 2001- R0280 and 2001-RO319 passed on July 12, 2001 and August 30, 2001, respectively, in regular session of City Council, declared a necessity for and ordered the improvement of those certain highways, streets, avenues and alleys or portions thereof in the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by excavating, grading and paving the same, and by the construction of drainage facilities herein, and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directed the City Engineer to prepare plans and specifications for said improvements; and WHEREAS, the plans and specifications for the improvements of said highways, streets, avenues, and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock County, Texas; and WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary and in the public interest to make the improvements herein designated on those certain highways, streets, avenues, and alleys or portions thereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT improving the hereinafter described highways, streets, avenues and alleys or portions thereof located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein, 250 Regular City Council Meeting April 11, 2002 Page 251 as well as the necessary curbs and gutters, which are not now in place, is hereby found to be a necessity. SECTION 2. THAT the cost of making such improvements shall be partly paid for by the City of Lubbock and partly by the owners of property abutting upon the hereinafter described highways, streets, avenues and alleys or portions thereof which are hereby ordered to be improved, and the cost to be paid by the owners shall be a personal liability and charge against the true owners of such property after public hearing, all in accordance with and as required by Subchapter D of Chapter 314 of the Texas Transportation Code. SECTION 3. THAT the portions of highways, streets, avenues and alleys which are to be improved and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT ALLEYS (10' WIDE) A-462-42 East-West alley between 10`h Street and IIth Street from Salem Avenue East to Quaker Avenue A-462-43 East-West alley between 56`' Street and 57`h Street from :Memphis Avenue West to Nashville Avenue A-462-44 U-shaped alley between 85`h Street and 86`h Street/Oxford Avenue from 85`h Street to Oxford Avenue A-462-45 U-shaped alley between 77`' Street/York Avenue and 78`' Street/Zoar Avenue from Slide Road to 79`h Street A-462-46 East-West alley between 8`h Street and 9`h Street from Salisbury Avenue East to Salem Avenue UNIT AND SUB -UNIT STREETS AND AVENUES 2336-01 251h Street from Milwaukee Avenue East to LaSalle Avenue 2336-02 26`h Street from Milwaukee Avenue East to East to Kewenee Avenue. SECTION 4. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause the same to be recorded in the Real Property Records of Lubbock County, Texas. SECTION 5. THAT this Resolution shall take effect and be in force from and after its passage. 251 Regular City Council Meeting April 11, 2002 Page 252 Passed by the City Council this I lth day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith for Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This resolution is the third of five resolutions required to initiate an assessment -paving program. The proposed paving improvements are as follows: East -west alley between 10`' Street and 11'h Street from Salem Avenue east to Quaker Avenue East -west alley between 56`h Street and 57`h Street from Memphis Avenue west to Nashville Avenue U-shaped alley between 85`h Street and 86`' Street/Oxford Avenue from 85`h Street to Oxford Avenue U-shaped alley between 77' Street/York Avenue and 781h Street/Zoar Avenue from Slide Road to 79`' Street East -west alley between 8`h Street and 9`' Street from Salisbury Avenue east to Salem Avenue 25`h Street from Milwaukee Avenue east to LaSalle Avenue 26`' Street from Milwaukee Avenue east to Kewanee Avenue This resolution will be filed in the Real Property Records of Lubbock County, and serves to notify anyone doing title research that an assessment on the affected properties is in progress. Staff recommended approval of this resolution. (27.) Resolution No. 2002-RO131 directing the City Engineer to prepare and file estimates and assessment rolls for paving improvements to be included in an assessment program. RESOLUTION NO. 2002-RO131 WHEREAS, the government body of the City of Lubbock as heretofore ordered and provided for the improvement of portions of sundry streets, highways, avenues and alleys in and along the boundaries of the City as designated below: 252 Regular City Council Meeting April 11, 2002 Page 253 UNIT AND SUB -UNIT ALLEYS (10' WIDE) A-462-42 East-West alley between 10`' Street And 11" Street from Salem Avenue East to Quaker Avenue A-462-43 East-West alley between 56`' Street and 57`' Street from Memphis West to Nashville Avenue A-462-44 U-shaped alley between 85`h Street and 86`h Street/Oxford from 85`h Street to Oxford Avenue A-462-45 U-shaped alley between 77`h Street/York Avenue and 781h Street/Zoar Avenue from Slide Road to 79`' Street A-462-46 East-West alley between 8`h Street and 9`' Street from Salisbury Avenue East to Salem Avenue UNIT AND SUB -UNIT 2336-001 2336-002 STREETS AND AVENUES 25`' Street from Milwaukee Avenue East to Lasalle Avenue 26`h Street from Milwaukee Avenue East to Kewanee Avenue WHEREAS, it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Engineer of the City BE and he is hereby directed to prepare and file with the City estimates showing the cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no way affect, invalidate or impair any assessment which may be levied. SECTION 2. THAT such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the laws and charter currently in force for the City, and by the provisions of Subchapter D of Chapter 314 of the Texas Transportation Code. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. 253 Regular City Council Meeting April 11, 2002 Page 254 Passed by the City Council this I lth day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith for Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This resolution is the fourth of five resolutions required to initiate an assessment -paving program. The proposed paving improvements are as follows: East -west alley between 10'h Street and I I' Street from Salem Avenue east to Quaker Avenue East -west alley between 56`' Street and 57`h Street from Memphis Avenue west to Nashville Avenue U-shaped alley between 85' Street and 86`' Street/Oxford Avenue from 85'h Street to Oxford Avenue U-shaped alley between 77`h Street/York Avenue and 78'h Street/Zoar Avenue from Slide Road to 79`h Street East -west alley between 8`h Street and 9`h Street from Salisbury Avenue east to Salem Avenue 251h Street from Milwaukee Avenue east to LaSalle Avenue 26`h Street from Milwaukee Avenue east to Kewanee Avenue This resolution directs the City Engineer to prepare assessment rolls to include affected property descriptions, owners and proposed assessment rates. Staff recommended approval of this resolution. (28.) Resolution No. 2002-R0132 for a contract for instructional swimming and aquatics safety, by and between the City of Lubbock and the South Plains Regional Chapter of the American Red Cross. 254 Regular City Council Meeting April 11, 2002 Page 255 RESOLUTION NO. 2002-RO132 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 between the City of Lubbock and South Plains Regional Chapter of the American Red Cross to provide instructional courses at City of Lubbock owned swimming pools and aquatics facilities, and all related documents. 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 City Council. Passed by the City Council this 1lth day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Director of Parks and Recreation APPROVED AS TO FORM: - /s/ William de Haas William de Haas Contract Manager/Attorney The City of Lubbock has four City operated swimming pools, which will operate from May 2002 through August 2002. The City of Lubbock and the South Plains Chapter of the American Red Cross have worked together to provide the Learn to Swim Program for the past eight seasons. The Red Cross will conduct the Learn to Swim program at designated City pools for individuals who desire to enroll in such programs. The term of this agreement shall be for one year beginning June 1, 2002 and ending May 30, 2003. The Red Cross will register all participants in its Learn to Swim programs. The City agrees to maintain the facilities utilized by the Red Cross for the Learn to Swim Programs in order to safeguard the health, safety and welfare of the program participants. With this in mind, the City will assist the Red Cross by providing lifeguards for the Learn to Swim Programs. Either party may terminate this agreement without cause upon thirty days' written notice to the other party. It is imperative that all patrons know how to swim and learn good water safety practices and procedures. The American Red Cross will supply equipment and Water Safety Instructors for the Learn to Swim Programs. The Learn to Swim Program schedule will be approved by the Assistant Athletics and Aquatics Supervisor prior to the program's implementation. Staff recommended approval of this resolution. 255 Regular City Council Meeting April 11, 2002 Page 256 (29.) Resolution No. 2002-RO133 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2001— 2002 use of in -kind services by City of Lubbock departments for special event support. RESOLUTION NO. 2002-RO133 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 2001-2002 use of in -kind services by City of Lubbock departments for special event support as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this the I lth day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0133. At the January 9, 1997, City Council Meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in -kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90% ($180,000) is earmarked for existing events, while the remaining 10% ($20,000) is targeted for new events. Each year, City staff conducts at least two training sessions for local non- profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least 45 days prior to the event. Once received, the application is reviewed by departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant application for in - kind City services based on the applicant's response to 9 subjective 256 Regular City Council Meeting April 11, 2002 Page 257 questions for each event. Each subjective question is worth up to 5 points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On March 26, 2002, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Application for in -kind services: In -Kind Percent In -Kind Event Requested Awarded Proposed Multiple Sclerosis Walk $534- 90 % $481 (April 13, 2002) Total $534 $481 To date, there is a total of $98,701 of in -kind services approved for FY 2001-2002 with a total of $481 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Since the event being recommended for approval is a new event, this would leave a balance of $17,928 of in -kind services that can be allocated for new special events in FY 2001-2002. The total amount approved for FY 2001- 2002 for existing events is $97,109, leaving a balance of $82,891 available for existing events for FY 2001-2002. Staff recommended approval of this resolution. (30.) Resolution No. 2002-RO134 authorizing and directing the Purchasing Manager to purchase supplies from the Texas Department of Public Safety to be used by the Lubbock Police Department in the Breath Testing Program and the Laboratory Alcohol and Drug Testing Program. RESOLUTION NO. 2002-RO134 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Cooperation Agreement with the Texas Department of Public Safety for the purchase of certain forms, manuals, and supplies for use in the Breath Testing Program and Laboratory Alcohol and Drug Testing Program, which Agreement is attached hereto and incorporated herein as part of this Resolution. Passed by the City Council this I Ith day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 257 Regular City Council Meeting April 11, 2002 Page 258 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney The Lubbock Police Department is required by State law to purchase certain supplies from the Texas Department of Public Safety. These supplies include Alcohol Blood Test kits, certain forms, etc. The Texas Department of Public Safety requires that staff have an Interlocal Cooperation Agreement with them in order to purchase these supplies. Staff recommended approval of this resolution. (31.) Resolution No. 2002-RO135 authorizing the Mayor to execute a lease agreement between Lykes Cartage Co., Inc. and the City of Lubbock. RESOLUTION NO. 2002-RO135 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 lease agreement between the City of Lubbock and Lykes Cartage Co. Inc., to lease a hangar at Lubbock International Airport, and all related documents. Said Lease Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1lth day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2002-R0135. Lykes Cartage Co., Inc. is a company that performs shipping and receiving services and has occupied a hangar on the east side of Lubbock International Airport since 1994. The company's lease has expired and they have requested a new agreement, which will allow them to continue operating at the same location. This item involves approval of a resolution authorizing a new lease agreement between Lykes Cartage and 258 Regular City Council Meeting April 11, 2002 Page 259 the City of Lubbock. The lease includes a 4,890 square foot hangar building and has an initial term of three years, with two additional three- year extensions. The annual rent to the City for the leased premises will be $12,665.10. Staff recommended approval of this resolution.. (32.) Resolution No. 2002-R authorizing the Mayor to execute for and on behalf of the City of Lubbock a Settlement Agreement in Cause No. 2001-512,291 in the amount of $71,000. This item was deleted. (33.) Consider the price and conditions of sale of Parcels 49800-63-10 & 20 at 221-223 North Avenue P, legally described as all of Lot 1 and the north 40 feet of Lot 2, Block 63, Kise Subdivision of the Roberts & McWhorter Addition in the Guadalupe Area. This is a routine sale of a vacant lot by the Urban Renewal Agency to Guadalupe Economic Services Corporation (GESC), a non-profit organization, for $1,300. The property is to be developed with a new 1,300 square foot single-family residence valued at $75,000. The lot is properly zoned for residential development. The Urban Renewal Board of Commissioners approved the proposed sale on March 19, 2002. Staff recommended approval. (34.) Resolution No. 2002-R0136/BID #030-02/RW-for Traffic Signal Radio Equipment (Traffic Engineering). RESOLUTION NO. 2002-R01.36 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 Purchase Order per ITB #030-02/RW, for traffic signal radio equipment, by and between the City of Lubbock and Boedeker Communication of Quitaque, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 lth day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney 259 Regular City Council Meeting April 11, 2002 Page 260 A copy of the Purchase Order is filed with Resolution No. 2002-RO136 This bid is for the purchase of radios, radio cable, power supplies, radio antennas, lightening protection and connectors used to establish communications with signalized intersections that currently have no communications to the computer system. The new traffic signal radio equipment will allow Traffic Engineering personnel to monitor, change timing, receive pages if an intersection fails, and update the timing clock in the controller. Traffic Engineering personnel will install this equipment. The low bids are from the following companies and are within the Computer System Design budget: Boedeker Communication of Quitaque, TX $36,720.00 Holzberg Communications of Totowan, NJ $ 8,745.00 Solution Wire & Cable of Saginaw, TX $ 3,829.05 United Signal Control of Redmond, WA $ 1,687.50 Black Box Corporation of Laurence, PA $ 1,546.20 (35.) Resolution No. 2002-R0137/BID #047-02/BM-for Pump Station #4 Pipe Gallery Improvements (Water Utilities). RESOLUTION NO. 2002-RO137 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 for the Pump Station #4 gallery improvements, by and between the City of Lubbock and Brown - McKee, Inc. of Lubbock, Texas, and related documents. 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 City Council. Passed by the City Council this 11th day of April, 2002. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0137. 260 Regular City Council Meeting April 11, 2002 Page 261 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 1Ith day of April, 2002, 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 Brown -McKee, 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: BID #047-02/BM - Pump Station #4 Pipe Gallery Improvements - $340,000.00 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 constriction 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/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Gary Essary Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Peggy H. Young CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Brown -McKee, Inc. By: /s/ Mike P. Oles PRINTED NAME: Mike P. Oles TITLE: President COMPLETE ADDRESS: Brown -McKee, Inc. 906 East Slaton Road Lubbock, Texas 79401 261 Regular City Council Meeting April 11, 2002 Page 262 This bid is for pipe gallery improvements at Pump Station #4 located at 202 North Interstate 27. The project will consist of the replacement of aging valves, actuators, and piping, as well as installation of an additional entrance to the pipe gallery. These improvements are necessary to upgrade 40 and 50 year -old equipment at one of the City's major pump stations in the City of Lubbock water system. The low bid is $340,000 from Brown -McKee, Inc. of Lubbock, Texas and is within the Pipe Gallery Rehab Project budget. (36.) Resolution No. 2002-RO138 and Resolution No. 2002-R0139/BID #048- 02/BM-€or Water Meter Replacement (Metering & Customer Service). RESOLUTION NO. 2002-RO138 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 Purchase Order per ITB #048-02/BM, for water meter replacement, by and between the City of Lubbock and Morrison Supply of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this I lth day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0138. This bid is for the purchase of cold and compound water meters to replace those meters that have been in service for 10 or more years and are no longer accurately accounting for water sold. In addition, the new meters will replace meters that have failed with less than 10 years of service and that cannot be repaired and placed back in service. The low bids are from the following companies and are within the Water Meter Replacement budget: Master Meter, Inc. of Fort Worth, TX $249,800.00 Morrison Supply of Lubbock, TX $ 41,269.24 262 Regular City Council Meeting April 11, 2002 Page 263 Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. 12:04 P.M. WORK SESSION RECONVENED Council continued discussion on the Mackenzie Park Amphitheater. Other citizens speaking in favor of the Mackenzie Amphitheater included: Debbie Rodriguez, a member of a folklorico dance troupe: 12:25 P.M. WORK SESSION RECESSED 12:30 P.M. REGULAR SESSION RECONVENED ADMINISTRATIVE SERVICES INFORMATION TECHNOLOGY (37.) Resolution No. 2002-R authorizing the Mayor to execute an Interlocal Agreement between the City and the County of Lubbock regarding the County's use of the City's Computer Aided Dispatch System. This item was deleted DEVELOPMENT SERVICES RIGHT-OF-WAY (38.) Resolution No. 2002-RO140 authorizing the Mayor to execute a contract of sale and quitclaim deed with McCanton Woods, Ltd. for Lots 9 and 10, Block 58, Overton Addition to the City of Lubbock (2117 and 2119 91h Street). RESOLUTION NO. 2002-RO140 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 for Sale, by and between the City of Lubbock and McCanton Woods, Ltd., attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as 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 I Ith day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent 263 Regular City Council Meeting April 11, 2002 Page 264 APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2002-R0140. The City of Lubbock recently had a real estate auction conducted electronically over the Internet. Two of the four properties that were put up for bid were Lots 9 and 10, Block 58, in the Overton Addition. Community Development acquired these several years ago in the City's name and McCanton Woods bid $14,700 for both lots, which was our minimum bid. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 2000-RO140 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had recused himself. BOARD APPOINTMENTS (39.) Consider one appointment to the Building Board of Appeals. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Craig Graham to the Building Board of Appeals. Motion carried: 6 Yeas, 0 Nays. (40.) Consider one appointment to the Citizens Traffic Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint David Miller to Citizens Traffic Commission. Motion carried: 6 Yeas, 0 Nays. (41.) Consider two appointments to the Culture and Arts Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Beena Variyam and reappoint Charles Adams to the Culture and Arts Commission. Motion carried: 6 Yeas, 0 Nays. (42.) Consider two appointments to the Structural Standards Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Joseph Rapier and Robert Moore to the Structural Standards Commission. Motion carried: 6 Yeas, 0 Nays. 12:32 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 264 Regular City Council Meeting April 11, 2002 Page 265 There being no further business to come before Council, Councilmember Hernandez adjourned the meeting. Read and approved this d ' day of I, a' �- /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: Rebeo6 Garza, City Secretary 265