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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/23/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 23, 1997 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 23rd day of January 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Mayor Pro Tern Cooke called the meeting to order at 10:44 A.M. ( 1.) The Invocation was given by Sister Mary Gerrior, Chaplain Supervisor, St. Mary's Hospital. ( 2.) Pledge of Allegiance was given in unison by those in the City Council Chambers. (3.) Presentation of Certificate to LP&L by Jesse Watson, Program Administrator for the Municipal Electric Safety Accreditation Program, in recognition of LP&L's Safety Program. Texas A&M, through the Texas Engineering Extension Service - Electric Power Training and Safety Division, has recently implemented an accreditation program geared toward municipal electric utilities. For many years the Extension Service has had a program aimed at helping electric cooperatives and investor owned utilities achieve OSHA compliance in all aspects of utility operations. With the implementation of this Municipal Electric Safety Accreditation Program (MESAP), municipal electric utilities can now be inspected, evaluated and measured to assure employees and management of those utilities that their safety, health and work practices meet or exceed the requirements of the Federal OSHA regulations. This new program has attracted interest nationwide from municipal electric systems. Lubbock Power and Light and two other Texas municipal electric systems are the first three cities in the nation to be accredited under this program. Lubbock Power and Light obtained the highest score of the three cities evaluated in this initial inspection. The accreditation program is monitored by an eight person advisory board comprised of members TML, Texas Workers Compensation Commission, Texas Public Power Association, Texas Engineering Extension Service, plus four others representing city managers, utilities, safety and training professionals. Accreditation requires on -site inspection of the utility's facilities, equipment, and work The Electric Division recommended that the Mayor accept the certificate on behalf of the City of Lubbock and LP&L. It is also recommended that the Mayor recognize the LP&L staff present for their efforts in securing this accreditation. In particular the following personnel will be present: Managing Director and Assistant Director of Electric Utilities; department heads for the City Council Minutes January 23, 1997 Page 32 Electric Production Department, Customer Service Department and Electric Distribution Department and members of the departmental safety committees. Mr. Ronnie Howell, Safety Supervisor in the Electric Distribution Department, was in charge of the preparation of all documentation submitted for this accreditation. The Electric Division recommended that the Mayor present the certificates to Mr. Howell for display at the various departmental offices. (38.) ZONE CASE NO.2487-A (North of Municipal Drive and east of North Birch Avenue) --Hold a public hearing to consider request of Purina Mills, Inc. for a zoning change from M-1 to M-2 on 21.32 acres of land out of Section 77, Block A. ORDINANCE NO.9966 Mayor Pro Tern Cooke opened the public hearing at 10:48 a.m. appeared on behalf of Purina Mills to present this request. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 10:49 a.m. Randy Henson, Senior Planner, presented staff comments. To accommodate an expansion, Purina Mills is constructing a new mill north of the railroad from the existing Municipal Drive location. The area is currently zoned M-1. Adjacent land uses; North - industrial South - Santa Fe railroad, a residential area is south of Municipal Drive East - industrial West - industrial The proposal is consistent with both the Comprehensive Land Use Plan and zoning policies. The new facility will not significantly affect the transportation system from established patterns in the area. Some truck traffic will be diverted from in front of the residential area south of Municipal Drive by a new paved street on Harvard. Several residents spoke during the meeting about concerns for dust and trash. Representatives from Purina responded to the concerns and the neighbors seemed satisfied. The Planning and Zoning Commission recommended approval of the request. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance No. 9966 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (39.) ZONE CASE NO. 2788 (2306 Texas)-- Hold a public hearing to consider request of Manuel Martinez for a zoning change from IHC to IHC Specific Use for a restaurant with an Alcoholic Beverage Permit and outside sales of used goods on .778 acres of land out of Section 7, Block B. 32 City Council Minutes January 23, 1997 Page 33 ORDINANCE NO.9967 Mayor Pro Tem Cooke opened the public hearing at 10:52 a.m., and closed the public hearing at 10:52 a.m. Randy Henson, Senior Planner, presented staff comments. The Zoning Board of Adjustment, several years ago, approved a week- end outside sale business on this property for a limited duration. The project was never achieved. In this request no time frame as "temporary" is requested, thus the ZBA has no jurisdiction. The property was previously a car sales lot with a central building and carports adjacent to both Texas Avenue and 23rd Street. The request is for a restaurant that may have a beverage permit as an accessory use and a flea market under the canopies on Friday, Saturday and Sunday. The proposal was filed as a Specific Use to address two issues not provided by the existing Interstate Commercial zoning: The sales of used goods outside of a structure (using the existing carports). The proponent requests this use Friday, Saturday and Sunday from 8:00 AM to 6:00 PM. All goods will be removed when sales end on Sunday. The existing lot does not have sufficient parking to accommodate the proposed restaurant with a beverage permit. Normally this request would go to the Zoning Board of Adjustment, but is included within this zone change request since the outside sales issue requires a zone case. Adjacent land uses: North - *commercial zoned either C-4 or IHC South - *commercial zoned either C-4 or IHC East - *commercial zoned either C-4 or IHC West - *commercial zoned either C-4 or IHC * C-4 or IHC do not allow outside sales as a permitted use. The proposed flea market is an outside activity which normally requires M-1 or M-2 zone change request. The staff recommended the IHC Specific Use versus an M-1. One of the objectives expressed during the consideration of the Interstate Districts was enhancing the exterior appearance of buildings within the corridor. While this location is one block removed from the Interstate, the main lanes are elevated in this vicinity. The parcel has been vacant for years. Parking is limited in this entire area. Since the flea market would be a weekend activity and restaurant patrons can use the sheltered parking the rest of the week, the proposal should present no parking or traffic problems greater than existing. The staff and City Council have worked hard to accommodate businesses and parcels caught up in construction of I-27. Providing this three day outside sale would put a building to use that has been vacant for years. The contrary viewpoint is that the proposed use does not further an upgrade of the visual aspects of 33 City Council Minutes January 23, 1997 Page 34 the corridor, although it is important to recognize that the existing vacant status does not add to the aesthetics of the area. The Planning Commission agreed with the staff that the proposal deserves a try. As Specific Use, the outside activity will be limited to weekends when many other businesses in the area are closed. The Planning and Zoning Commission recommended the request with the two conditions proposed by the proponent: Restaurant with an alcohol beverage permit with hours of 6 A.M. to 6 P.M. seven days a week. Flea Market outside sales limited to Friday, Saturday and Sunday from 6 A.M. to 6 P.M. No goods will remain after close of business on Sunday. The staff has added a third condition to the proposed ordinance to allow the zoning to revert to IHC if the Flea Market activity ceases for one year. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass to pass on first reading Ordinance No. 9967 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (40.) ZONE CASE NO.2789 (2910 Avenue N)--Hold a Public Hearing to consider request of Habitat for Humanity (for Don Kinkade and John Mallory) for a zoning change from C-3 and R-3 to C-3 Specific Use on Lots 16, 17, and 18, Block 8, Robinson Addition. ORDINANCE NO.9968 Mayor Pro Tem Cooke opened the public hearing at 10:54 a.m., and closed the public hearing at 10:56 a.m. Randy Henson, Senior Planner, presented staff comments. Habitat was given the structure at 29th Place and Avenue N. Part of the land is zoned C-3 where a mom and pop grocery was located and one lot on the west is R-3 from an old zone case. This request will serve two functions: Remove the current open C-3 zoning on a lot across from an elementary school for all purposes other than the proposed Habitat use. Accommodate the Habitat use for offices and resale of salvaged household fixtures. All storage and sales are proposed to be inside the structures. Adjacent land uses: North - zoned R-2, mostly single family use South - zoned R-2, mostly single family use 34 City Council Minutes January 23, 1997 Page 35 East - school West - single family - zone R-3 While the use is not consistent with the current thinking within the Comprehensive Land Use Plan, the existing C-3 was established well before the Plan was adopted. As noted, this request will remove the open C-3 status on the property and accommodate what Habitat is proposing. The proponent has support from the school district and the neighborhood association. Habitat understands that the uses being limited to their use will require a zone change request in the future for any other proposed use. The proposal should have little effect on established traffic patterns. The Planning and Zoning Commission recommended the request subject to the following conditions: Used items for sale will be limited to household fixtures, with all storage within a structure. All office and corporate activities of Habitat for Humanity shall be the single permitted use. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 9968 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (41.) ZONE CASE NO. 1893-T (North of 4th Street, west of Frankford)-- Hold a public hearing to consider 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 X 5, and to consider ordinance. The proponent is requesting a change to C-3 from an existing GO designation. Adjacent land uses: North - a 150' deep GO area will remain South - 4th Street, two churches and a single family area East - zoned C-3, vacant West - zoned A-1, vacant The proposal does not reflect the current Comprehensive Land Use Plan. The original Comprehensive Plan notes commercial 1200 feet west of Frankford along 4th Street with 150 feet added during a later zone case, for a total of 1350 feet. The new C-3 will bring that distance along 4th Street to 1800 feet. The parcel in question was A-1 in the original Planned Unit Development zone case. When the GO District was created about 5 years ago, this tract was one that joined the rush to the new district, which is considered a buffer district similar to A-1 or A-2. That change was in accordance with the Comprehensive Plan. A recent case zoned a C-3 parcel back to A-1 for a portion of an area to the east except four lots along 4th Street. The greatest asset to this request being outside the theoretical 660 foot/ten acre 35 City Council Minutes January 23, 1997 Page 36 thoroughfare corner site is that the original PUD was not in strict compliance with that dimension and that two church sites occupy much of the land south across 4th Street. One small area south of 4th on the west edge of the parcel requested for rezoning is R-1 located on a cul-de-sac named Huron. This residential area would be affected most by any change to commercial. Being located on 4th Street, the potential change in traffic generated by commercial should not be significantly greater than the original A-1 or current Garden Office zoning. The Planning and Zoning Commission recommended the request subject to the following condition: A site plan, including building elevations showing materials, color, texture, a detailed landscape plan and irrigation plan, shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to continue this item for to the next City Council meeting. Motion carried; 5 Yeas: 0 Nays. (42.) ZONE CASE NO.2255-H (North of 64th and west of Frankford)--Hold a public hearing to consider request of Graco Real Estate Development, Inc. (for Whisperwood National Bank) for a zoning change from C-2A limited to a bank and offices to GO on Lots 4 and 5, Spur 327 Business Park. ORDINANCE NO.9969 Mayor Pro Tem Cooke opened the public hearing at 10:58 a.m. and closed the public hearing at 10:59 a.m. Randy Henson, Senior Planner, presented staff comments. The current zone would accommodate a bank and offices and was subject to a site plan. The bank proposal has fallen through and the request is to go back to Garden Office. Adjacent land uses: North - commercial South - commercial East - residential West - commercial The request is consistent with the Comprehensive Land Use Plan and zoning policies. The proposal will have little or no additional effect on existing traffic patterns in the area. The Planning and Zoning Commission recommended approval of the request. The staff supports the recommendation of the Planning and Zoning Commission. 36 City Council Minutes January 23, 1997 Page 37 Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9969 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 4.) A representative of the Lubbock Arts Alliance will present recommendations on awards from the Arts Grants Program. On May 9, 1996, the City Council approved an agreement to pay the Lubbock Arts Alliance $105,743 for the encouragement, promotion and improvement of all forms of art in the community. These moneys represent $105,743 from the amount collected from .400 cent of the hotel/motel tax collected during the fiscal year ended September 30, 1995. The agreement provides that a review committee of the Lubbock Arts Alliance will receive and evaluate applications for grants and make recommendations to the City Council for awarding of these grants. Council is now asked to approve $58,018 in grant awards for the second of two grant periods for 1996/97. Enclosed in your agenda back-up is a listing of the recommendations of the Lubbock Arts Alliance Review Committee. Twenty applications were received on the December 1, 1996 deadline and sixteen of the requests are recommended for full or partial funding. Lubbock Arts Alliance, Inc. recommended the awards be approved so this program continues. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve this item. Motion carried; 5 Yeas: 0 Nays. ( 5•) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approved the minutes for the December 12, 1996 and December 19, 1996, and the January 9, 1997 Regular City Council meetings as written. (6•) Ordinance No. 9964—Abandoning and closing a two foot underground street light cable easement located in Lot 86, Tracy Heights Addition (5514 17th Street). ORDINANCE NO. 9964 AN ORDINANCE ABANDONING AND CLOSING A TWO -FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN LOT 86, TRACY HEIGHTS 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. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9964 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 37 City Council Minutes January 23, 1997 Page 38 ( 7.) ORDINANCE NO. 9965--Amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, with regard to the duties of the Park and Recreation Board pertaining to special/community events; adopting guidelines and forms for special/community events. ORDINANCE NO. 9965 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DUTIES OF THE PARK AND RECREATION BOARD PERTAINING TO SPECIAL/COMMUNITY EVENTS; ADOPTING GUIDELINES AND FORMS FOR SPECIAL/COMMUNITY EVENTS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince, to pass on second and final reading Ordinance No. 9965 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 8.) Consider Resolution No. 5389 authorizing the Mayor Pro Tem to execute a street -use license for an entry porch and steps with Chester A. Green and Ada Ruth Green (612 Broadway). RESOLUTION NO. 5389 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 Chester A. Green and Ada Ruth Green, 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 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney U:1 City Council Minutes January 23, 1997 Page 39 According to staff memo, this street -use license is for a concrete entry porch and steps which will be in the north right-of-way of Broadway adjacent to the building owned by the Greens. The area covered by this license is 16.00 feet east to west and 6.00 feet north to south and contains 96 square feet. The cost for this license will be the minimum per year of $50 or $250 for the first five year term of the total license term of 20 years. The staff recommended the approval of this license. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5389 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 9.) ORDINANCE #9970 abandoning and closing a portion of a 15-foot alley located in Section 4, Block O, Lubbock County (2701 E. Broadway). ORDINANCE #9970 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15-FOOT ALLEY LOCATED IN SECTION 4, BLOCK O, 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. According to staff memo, the City recently acquired some property at the northeast corner of East Broadway and Zenith Avenue for a fire station. The City is in the process of platting this land and as a part of the platting process, an existing L-shaped alley must be closed. This ordinance closes this alley which will revert to a utility easement. There will be no charge for this alley closure since the City is the owner. The staff recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 9970 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (10.) Consider Resolution No. 5390 authorizing the Mayor Pro Tem to execute a dedication deed in connection with the platting of Lot 1, Fire Station 95 Addition (2701 E. Broadway). RESOLUTION NO. 5390 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 Dedication Deed in connection with the platting of Lot 1, Fire Station #5 Addition, 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. WE City Council Minutes January 23, 1997 Page 40 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this resolution authorizes the Mayor Pro Tern to execute a dedication deed for the platting of City -owned property to be known as Lot 1, Fire Station #5 Addition. This area being platted is located just east of Zenith Avenue and north of east Broadway and contains 2.392 acres. This dedication deed will subdivide this unplatted parcel of land into a platted tract for a new fire station. The staff recommended the execution of this Dedication Deed. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5390 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (11.) Consider Resolution No. 5391 authorizing the Mayor Pro Tem to execute two electric supply line licenses with the Atchison, Topeka and Santa Fe Railway (A.T. & SF) (Littlefield, Texas and Amherst, Texas). RESOLUTION NO.5391 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 License for an electric supply line across railway property by and between the City of Lubbock and the Atchison, Topeka & Santa Fe Railway Company for two underground electric supply lines to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at mile post 55.54 and mile post 43.80 on the Slaton Subdivision, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. .O City Council Minutes January 23, 1997 Page 41 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, the City has a major water pipeline which runs in the A.T. & SF railroad right-of-way from the Muleshoe Sandhills to Lubbock. The City's Water Utilities Department desires to replace two valves on this pipeline in this railroad right-of-way and the new valves will need electrical power. One of these valves is near Littlefield and the other is near Amherst. Underground power will come from a power line on the opposite side of the railroad right-of-way. This license is for 10 years and will cost the City $1,250 for each license. The staff recommended the execution of these licenses. Motion was made Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5391 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (12.) Consider Resolution No. 5392 authorizing the Mayor Pro Tem to execute a Quit Claim Deed in favor of Joe Stettheimer, Inc., dba Heritage Homes (3402 40th Street and 3402 43rd Street). RESOLUTION NO.5392 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 Quitclaim Deed in favor of Joe Stettheimer, Inc., dba Heritage Homes, 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. 41 City Council Minutes January 23, 1997 Page 42 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, on December 4, 1996 the City opened bids on three parcels of land acquired earlier for street widening projects. Two of these three parcels are street widening remnants from the recent Indiana Avenue widening project. 3402 40th Street measures 66.79 feet wide by 132.50 feet long and 3402 43rd Street measures 89.87 feet wide by 130.00 feet long. Joe Stettheimer, Inc. was the highest bidder on both parcels. He bid $1,800 on 3402 40th Street and $3,900 on 3402 43rd Street for a total of $5,700 due the City. The staff recommended the sale of this property to Mr. Stettheimer. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5392 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (13.) Consider Resolution No. 5393 authorizing the Mayor Pro Tem to execute a Quit Claim Deed in favor of Walter Buchanan, Jr. (530166th Street). RESOLUTION NO. 5393 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 Quitclaim Deed in favor of Walter Buchanan, 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. 42 City Council Minutes January 23, 1997 Page 43 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, on December 4, 1996 the City Purchasing Department opened bids on three parcels of land acquired earlier for street widening projects. One of these parcels is a remnant from the recently constructed 69th Street and Slide Road to 66th Street and Bangor Avenue street. This parcel put up for bid contained 25,173 square feet and Walter Buchanan, Jr. was the highest bidder at $1,886.92. The staff recommended the sale of this property to Mr. Buchanan. Motion was made by Councilmember Patterson, Seconded by Councilmember Ince to authorize Resolution No. 5393 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (14.) Consider Resolution No. 5394 authorizing the Right -of -Way Department to make an offer to the Cone Sisters Trust for a tract of land in Section 33, Block A, Lubbock County (west of and adjacent to the existing landfill). RESOLUTION NO. 5394 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: landfill cover material 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 land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to wit: 43 City Council Minutes January 23, 1997 Page 44 BEGINNING at a ''/2" rod found for the Northeast corner of this tract, whence a 1/2" rod and cap (HRA) found for the occupational Northeast corner of Section 33, Block A, Lubbock County, Texas, bears North 01'26'29" East, 2199.51 feet (2200.00 feet surface), and South 88'10'19" East, 2619.33 feet (2619.92 feet surface); THENCE South 01 °26'29" West, along the West occupational line of the East 1/2 (E/2) of said Section 33, 3093.28 feet (3093.98 feet surface) to a 1/2" rod found for the Southeast corner of this tract; THENCE North 88010'08" West, 707.12 feet (707.28 feet surface) to a 1/2" rod set for the Southwest corner of this tract; THENCE North 01 °26'29" East, 3560.50 feet (3561.30 feet surface) to a 1/2" rod set for the Northwest corner of this tract; THENCE South 54°50'01" East, 850.18 feet (850.37 feet surface) to the Place of Beginning. SECTION 2. THAT the owner of said tract, being the Cone Sisters Trust, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $54,730, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section According to staff memo, the City completes its usage of the existing landfill and prepares for the opening of the new landfill west of Abernathy, additional cover material (soil) is needed to provide daily cover over the landfill. Parkhill, Smith and Cooper evaluated three methods of providing this additional cover WE City Council Minutes January 23, 1997 Page 45 material. The first is to purchase dirt from the landowner east of the existing landfill. A second method of providing dirt for cover material would be to take stockpiled dirt from McAlister Park. The third and least expensive method of obtaining dirt cover material would be to purchase enough land adjacent to the existing landfill from which to excavate the dirt. According to PSC, 54 acres would provide a total of 525,000 cubic yards, 400,000 cubic yards for daily cover and 125,000 cubic yards of topsoil for closure of the remaining cells and to fill any depressions if they develop over the years. The City plans to go with the third method, acquiring 54 acres from the abutting property owners, the Cone Sisters Trust, for this cover material. This land was appraised at $1,000 per acre and $730 in damages, totaling $54,730, which is our offer to the Cone Sisters. The City had Parkhill, Smith & Cooper, Inc. do a soil boring test which indicated that the depth of the soil was more than sufficient for the excavation of cover material. The Texas Historical Commission has also determined that there is little potential for construction activities to affect cultural resources at this site and advised the City that the project can proceed. This action also authorizes condemnation if necessary. The Right -of -Way Department recommended the approval of our offer of $54,730 to the Cone Sisters Trust. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5394 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (15.) Consider Resolution No. 5395 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Revier Farm Addition lots 413-515. RESOLUTION NO. 5395 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 413-515, Revier Farm Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 15th Street from the West property line of Lot 515, Revier Farm Addition, to the West lip line of Iola Avenue, known and designated as New Subdivision Sub -Unit Number 67 of Unit Number 2037. 14th Street from the West property line of Lot 470, Revier Farm Addition, to the cul-de-sac West of Iola Avenue, known and designated as New Subdivision Sub - Unit Number 68 of Unit Number 2037. 13th Street from 7.00 feet West of the West property line of the alley West of Juneau Avenue to the West lip line of Iola Avenue, known and designated as New subdivisions Sub Unit Number 69 of Unit Number 2037. 45 City Council Minutes January 23, 1997 Page 46 The South half of 11 th Place from 7.00 feet West of the West property line of the alley West of Juneau Avenue to the Center line of Iola Avenue, known and designated as New Subdivision Sub Unit Number 70 of Unit Number 2037. Juneau Avenue from 7.00 feet South of the alley South of 15th Street to the South lip line of 15th Street, known and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2037. Juneau Avenue from the North lip line of 15th Street to the South lip line of 14th Street, known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2037. Juneau Avenue from the North lip line of 13th Street to the end of the cul-de-sac North of 13th Street, known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2037. Ironton Avenue from the North lip line of 13th Street to the South lip line of 1 lth Place, known and designated as New Subdivision Sub -Unit Number 74 of Unit Number 2037. The West half of Iola Avenue from 7.00 feet South of the alley South of 15th Street to the South end of radius of 1 Ith Place, known and designated as New Subdivision Sub -Unit Number 75 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $15,144.69 to the Contractor. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 46 City Council Minutes January 23, 1997 Page 47 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 15th Street from the west property line of Lot 515 to Iola Avenue. 14th Street from the west property line of Lot 470 to Iola Avenue. 13th Street from the alley west of Juneau Avenue to Iola Avenue. South half of 1 lth Place from the alley west of Juneau to Iola Avenue. Juneau Avenue from the alley south of 15th Street to 15th Street. Juneau Avenue from 15th Street to 14th Street. Juneau Avenue from 13th Street to the cul-de-sac north of 13th Street. Ironton Avenue from 13th Street to 1 lth Place. West half of Iola Avenue from the alley south of 15th Street to 1 Ith Place. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. 47 City Council Minutes January 23, 1997 Page 48 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5395 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (16.) Consider Resolution No. 5396 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Lakeridge Country Club Estates, Lots 951-985. RESOLUTION NO. 5396 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 951-985, Lakeridge Country Club Estates Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: York Place from the North lip line of 92nd Street to the North end of the cul-de- sac North of 92nd Street, known and designated as new Subdivision Sub -Unit Number 56 of Unit Number 2036. 91 st Street from the East lip line of York Place to the East end of the cul-de-sac East of York Place, known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the terms of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. City Council Minutes January 23, 1997 Page 49 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: York Place from 92nd Street to the cul-de-sac north of 92nd Street. 91 st Street from York Place to the cul-de-sac east of York Place. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5396 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (17.) Consider the price and condition of sale of Parcel Number 15760-22-130 at 2409 Hickory Avenue in the Chatman Hill Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non- profit organization for $30.00. The property is to be redeveloped with a new 1,200 square foot, single-family residence valued at $30,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline plan to develop the 2400 Block of Hickory Avenue with eight homes for low income families. The proposal was accepted by the URA Board of Commissioners on September 20, 1994. To date, four homes have been completed. 49 City Council Minutes January 23, 1997 Page 50 Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize passage of this item as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (18.) Consider Resolution No. 5397 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the City of Littlefield for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO.5397 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Littlefield, County of Lamb, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince, to authorize Resolution No. 5397 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (19.) Consider Resolution No. 5398 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the City of Shallowater for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO. 5398 50 City Council Minutes January 23, 1997 Page 51 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Shallowater, County of Lubbock, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5398 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (20.) Consider Resolution No. 5399 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the City of Olton for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO 5399 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Olton, County of Lamb, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 51 City Council Minutes January 23, 1997 Page 52 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 5399 as recommended by staff. Motion carried Yeas; 0 Nays. (21.) Consider Resolution No. 5400 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the City of Lockney for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO. 5400 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Lockney, County of Floyd, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 52 City Council Minutes January 23, 1997 Page 53 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5400 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (22.) Consider Resolution No. 5401 authorizing the Mayor Pro Tern to execute an Interlocal Cooperative Agreement with the City of Floydada for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO. 5401 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Floydada, County of Floyd, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 53 City Council Minutes January 23, 1997 Page 54 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5401 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (23.) Consider Resolution No. 5402 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the City of Levelland for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO, 5402 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Levelland, County of Hockley, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 6-'111 City Council Minutes January 23, 1997 Page 55 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5402 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (24.) Consider Resolution No. 5403 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the City of Amherst for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO.5403 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Amherst, County of Lamb, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 55 City Council Minutes January 23, 1997 Page 56 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Tv" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5403 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (25.) Consider Resolution No. 5404 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the City of Spur for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO. 5404 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Spur, County of Dickens, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Met City Council Minutes January 23, 1997 Page 57 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5404 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (26.) Consider Resolution No. 5405 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the County of Dickens for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO 5405 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the County of Dickens, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 57 City Council Minutes January 23, 1997 Page 58 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5405 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (27.) Consider Resolution No. 5406 authorizing the Mayor Pro Tern to execute an Interlocal Cooperative Agreement with the County of Lamb for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO.5406 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the County of Lamb, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. City Council Minutes January 23, 1997 Page 59 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5406 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (28.) Consider Resolution No. 5407 authorizing the Mayor Pro Tem to execute an Interlocal Cooperative Agreement with the City of Ralls for law enforcement purposes pertaining to South Plains Regional Narcotics Task Force. RESOLUTION NO.5407 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 for law enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Ralls, County of Crosby, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 59 City Council Minutes January 23, 1997 Page 60 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney According to staff memo, the Interlocal Cooperation Agreements are being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Texas Narcotics Control Program Grant, one requirement is that each participating agency enter into an Interlocal Cooperation Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of these agreements will also allow City of Lubbock Police Officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi jurisdictional. The Police Department recommended approval of these resolutions. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5407 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (29.) Consider Resolution No. 5408 authorizing the Mayor Pro Tem to execute a joint application with the City of Lamesa for grant funding and related documents for operation of South Plains Regional Narcotics Task Force. RESOLUTION NO. 5408 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Protempore of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City a joint application with the City of Lamesa for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division for State and federal 1t City Council Minutes January 23, 1997 Page 61 assistance for operation of the South Plains Regional Narcotics Task Force to combat narcotics and illegal substances trafficking. The City Council hereby agrees to a cash match of $ 91,815.00 from the City to fund 25% of the Project, as required by the State of Texas in order to be eligible to receive such State and federal assistance. Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5408 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (30.) Consider a Resolution No. 5409 authorizing the Mayor Pro Tem to execute an Interagency Agreement to develop a Narcotics Task Force with the City of Lamesa for the development and operation of the South Plains Regional Narcotics Task Force. RESOLUTION NO.5409 WHEREAS the City Council has resolved by Resolution No. 5408, that the City of Lubbock be authorized and directed to execute for and on behalf of the City a joint application with the City of Lamesa for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division for State and Federal assistance for operation of the South Plains Regional Narcotics Task Force and including provision for a cash match from the City to fund 25% of the Project; and WHEREAS the State of Texas, Office of the Governor, Criminal Justice Division requires as a pre -condition to funding of the project that the application for grant funding include in resolution form from the governing board a statement that in the event of loss or misuse of Criminal Justice Division funds, the governing body assures that funds will be returned to Criminal Justice Division in full; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 61 City Council Minutes January 23, 1997 Page 62 THAT in the event of loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, provided pursuant to that certain joint application with the City of Lamesa for grant funding, which application has been authorized by this council by Resolution No. 5408, this Council assures that funds will be returned to the Criminal Justice Division in full. Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney According to staff memo, the grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 300,000 people located in ten counties. Narcotic trafficking on the South Plains should be considered multi - jurisdictional with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional program requiring regional coordination. The citizens of the ten county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the ten county region. Further, the task force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, County and City law enforcement agencies. The unit would also lend investigative support to local jurisdictions. The grant application is to be received by the Governor's Office, Criminal Justice Division, no later than 5 p.m. February 24, 1997. 62 City Council Minutes January 23, 1997 Page 63 Awards for the grant have been set for June 1, 1997. The total request for funding is $414,034 with the City's contribution being $91,815. This is the required 25 per cent match for the total grant and will come from our seized asset funds. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Cooperation Agreement with the City of Lubbock. The Police Department recommended the passing of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5409 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (31.) Consider Resolution No. 5410 authorizing the Mayor Pro Tem to execute a contract with the firm of Sandhurst Associates to provide an Executive Search for the City of Lubbock, Lubbock Power and Light Managing Director. RESOLUTION NO.5410 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, attached herewith, by and between the City of Lubbock and Sandhurst Associates, and any associated documents, 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 23rd day of January 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte Debra B. Forte, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 63 City Council Minutes January 23, 1997 Page 64 According to staff memo, the position of Managing Director of Electric Utilities is unique to only a few cities and because we will be in competition with many private electric companies, we believe it is important we hire the best individual for this position. Therefore, we contacted several executive search firms and have selected the firm of Sandhurst Associates for assistance in this process. This firm primarily provides services to private companies and we believe their expertise will serve the City well. Cost for this search will be 30 percent of the successful candidate's first year salary. This is standard for this type of work. Staff recommended that the City of Lubbock engage the professional services of the firm of Sandhurst Associates to assist in the solicitation of applicants for the Managing Director of Lubbock Power and Light. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5409 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (33.) Bid #13709--Trucks (Fleet Services) Shamrock Chevrolet--5 Ea. 1 Ton 4x4 long wheelbase per Spec 318,4 Ea. 1 Ton 4x4 single wheel cab & chassis per Spec 322, 1 Ea. 1/2 Ton suburban type per Spec 408, 1 Ea. 3/4 Ton suburban type per Spec 410. Gene Messer Ford --2 Ea. 1 ton crew cab pickup per Spec 504. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (34.) Bid #13713--Paper Cutter Diamond Business Services, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (35.) Bid #13731 - Maxey Swimming Pool Renovations (Park Development) RESOLUTION NO. 5411 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 an on behalf of the City of Lubbock a contract with Starks Construction Company, Inc., of Abilene, Texas to install and furnish all materials and services as bid for the Maxey Swimming Pool Renovations, 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 copies herein in detail. City Council Minutes January 23, 1997 Page 65 Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 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 23rd day of January, 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 STARKS CONSTRUCTION COMPANY of the City of Abilene, County of Taylor, 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 # 13731 - MAXEY SWIMMING POOL RENOVATIONS - $280,000.00 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 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. 65 City Council Minutes January 23, 1997 Page 66 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 Wuensche Owner's Representative APPROVED AS TO FORM: /s/Don Vandiver City Attorney ATTEST: Corporate Secretary (37.) (36.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton OrMys"11, CONTRACTOR: STARKS CONSTRUCTION COMPANY By: Bill Starks PRINTED NAME: Bill Starks TITLE: Secretary/Treasurer COMPLETE ADDRESS: Starks Construction Company 7449 Lantana Avenue Abilene, Texas 79606 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution No. 5411 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Bid #13768 - Police Motorcycle Lease (Police Department) Graves Harley Davidson Sales, Inc. - 8 ea. Police motorcycles two year lease per Spec. 204. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Bid #13733 - Service Utility Vehicles (Fleet Services) South Plains International Trucks- 1 Ea. 18,280 lb GVWR cab & chassis per Spec 601; 2 Ea. 28,000 lb GVWR cab & chassis per Spec 606 WU; 5 Ea. Motor truck cab & chassis per Spec 608; 1 Ea. 46,000 lb GVWR tandem axle cab & chassis per Spec 634; 1 Ea. 56,000 lb GVWR cab & chassis per Spec 642. CIA Machinery, Inc.- 1 Ea. hydraulic pressure hole digger per Spec 711. Shamrock Chevrolet- 1 Ea. 35,000 lb GVWR cab & chassis per Spec 635. Altec Industries, Inc.- 1 Ea. hydraulic lifting derrick & utility body per Spec 739; 1 Ea. 37,000 lb GVWR cab per Spec 655; 1 Ea. hydraulic lifting derrick & utility body per Spec 767.. STM Equipment, Inc.-1 Ea. high velocity combination hydro - cleaner and vacuum unit per Spec 726. City Council Minutes January 23, 1997 Page 67 Motion was made by Councilmember Ince, seconded by Councilmember Patterson to approve low bids meeting specifications as recommended by staff, with exception that Item # 10 be deleted.. Motion carried: 5 Yeas; 0 Nays. (43.) Consider Resolution No. 5412 authorizing the Mayor Pro Tem to execute an agreement and work order with NRS Consulting Engineers for engineering services related to registration of the existing landfill as a transfer station with the Texas Natural Resource Conservation Commission. RESOLUTION NO.5412 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 Engineering Services and any related Work Orders and other documents with NRS Consulting Engineers, Inc., 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 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, when the new City landfill begins operation near Abernathy, the haul distance for collection vehicles will increase significantly over the present operations. To maximize the efficiency of the collection/disposal system, it will be advantageous to operate a transfer station at the existing landfill site. The collection vehicles will pick up solid waste material within the City of Lubbock and unload it at the transfer station. The solid waste material will then be loaded into larger trucks for transportation to the new landfill site for disposal. This operation is designed to minimize the travel time between collection and 67 City Council Minutes January 23, 1997 Page 68 unloading for the collection vehicles so that they can provide more pick ups per day. The larger transport vehicles will make fewer trips to the new landfill, carrying a much larger volume of material per trip. Since the existing landfill is already permitted as a solid waste facility with the Texas Natural Resource Conservation Commission, registration as a transfer station should be a straightforward process. A Consultant Selection Committee was appointed to evaluate proposals submitted by three consulting firms for this project. The Committee recommended the City contract for these services with NRS Consulting Engineers on the basis that the firm has particular experience for registration of solid waste transfer stations, it is very reputable in this particular field, and their general project approach indicates a definite understanding of the project. The agreement is set up to include five phases - Registration, Preliminary Conferences, Design, Construction, and General. Work on any of the phases must be authorized by a Work Order, specific to that phase, signed by the City. The Work Order authorizing the Registration and General phases is included for signatures with this Agreement. If the Council wishes to continue any additional phases of engineering services with NRS after registration is obtained, those may be authorized at a future date. The Registration/General Phase Work Order is set up to charge engineering fees for services at hourly rates, with the total contract amount for the Work Order not to exceed $24,000 plus an estimated $4,000 for reimbursable expenses. The hourly rates to be charged by NRS are comparable to prevailing rates for similar engineering services. Staff recommended approval of this agreement and authorization of the Work Order for Registration/General Phases. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution No. 5412 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (44.) Consider Resolution No. 5413 amending the February 25, 1988 Energy Agreement between the City of Lubbock, Texas Tech University, and Texas Tech University Health Sciences Center. RESOLUTION NO, 5413 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Addendum to an Energy Agreement by and between the City of Lubbock and Texas Tech University and Texas Tech Health Sciences Center, and any associated documents, which Addendum 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. City Council Minutes January 23, 1997 Page 69 Passed by the City Council this 23rd day of January 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ APPROVED AS TO FORM: /s/ /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM According to staff memo, in 1988, LP&L and Texas Tech jointly entered into a 20 year Energy Agreement which has proven beneficial to both parties. Tech has averaged over $2,000,000 per year savings through reduced steam and electricity costs and LP&L has saved over $1,000,000 per year through efficiency gains by locating a state of the art power plant on the Tech campus. Both parties wish to continue these savings and have agreed to extend the term of this contract by an additional ten years. Several other items in the original contract will be modified to reflect our actual operating experience at this plant and to allow for future expansion of this facility. LP&L and Tech have been discussing many of these modifications for years. In effect, these charges allow additional room for LP&L to expand the existing facilities. We currently intend to expand these facilities within the next seven to ten years. Some of the changes now recognize that Tech in the future may have access to additional sources of power. The change allows LP&L the opportunity to meet the price and match the service of these potential future suppliers. Some of the changes also recognize that the steam supply is dependent upon the electricity supply. Without the unit running to provide electricity, the production of steam is not possible. Other changes recognize that this unit has proven itself to be extremely reliable and removes some of the limitations which existed before the unit was proven. Overall, the contract extension and modifications to reflect actual experience are mutually beneficial to LP&L and Texas Tech. This item has been carefully scrutinized by both the City Attorney and outside counsel to be certain that it is in compliance with all applicable state and federal laws. Both have indicated that it has been appropriately negotiated and that it is appropriate for Council action. City Council Minutes January 23, 1997 Page 70 Based on the recommendations from the City Attorney and outside counsel, staff recommended approval of this item. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution No. 5413 as recommended by staff. Motion carried: 4 Yeas; Councilmember Hernandez descending. (45.) Consider Resolution No. 5414 authorizing the Mayor Pro Tem to execute a resolution implementing user fees at Lake Alan Henry. RESOLUTION NO. 5414 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby adopts and approves the user fee system for Lake Alan Henry and Sam Wahl Recreation Area attached hereto as Exhibit A. Said user fees shall be reviewed annually to ensure adequacy of the fees to cover the total cost of the operation and maintenance of the lake, recreation area, and wildlife mitigation area and shall be adjusted as the Director of Water Utilities deems necessary. Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, even though the City of Lubbock has not actively promoted the use of Lake Alan Henry and the adjoining recreation area, public visitation has increased dramatically over the past two to three years. This increase, which parallels the rise in the water level of the lake, has no doubt resulted from the word- of- mouth promotion by area residents who have used the facilities. Popular recreational activities include boating, fishing, picnicking, and overnight camping. 70 City Council Minutes January 23, 1997 Page 71 Because of the number of visitors to the lake, maintenance needs have increased substantially. Contracts with private companies have been established to provide service for sanitation, grounds keeping, and solid waste collection. In addition, City personnel have been called on to make repairs on the boat ramp, courtesy dock, and roads. The 1995-96 operating budget included $32,630 for maintenance and upkeep of the Lake Alan Henry recreation area. In order to offset maintenance costs associated with increasing public visitation, the staff conducted a study to determine the feasibility of establishing user fees for visitors to Lake Alan Henry. Traffic counters were set up to monitor vehicular traffic at the area entrance from July 30 through September 3, 1996. According to the data, the average number of vehicles entering the area on weekdays was 35. The average number of vehicles entering the area on summer weekends was 105 per day (210 for 2-day period), whereas the three-day Labor Day weekend showed a total of 418 vehicles. Based on this data, the staff has estimated that 10,587 vehicles will enter the Lake Alan Henry recreation area during calendar year 1997. A survey of other lakes in this region of Texas was also performed. From this information, staff developed a schedule for Lake Alan Henry which would be very competitive with other lakes in the area and which would provide the revenue necessary to recover maintenance and operational costs associated with the recreation area. Following is the fee schedule recommended by staff: Proposed Recreation Area Fees: Under age 12------------------------ $0.00 Over age 65-------------------------- $0.00 Adult Daily Use Fee---------------- $2.00 per person per day Boat Launching Fee ---------------- $2.00 per day Camping------------------------------ $2.00 per night Annual Family Permit* ------------ $60.00 per year Annual Individual Permit* -------- $15.00 per year *Would include all uses of the recreation area such as boat launching fees, entrance fees, and camping fees. Based on projected traffic data, it is estimated that the proposed fee schedule would produce a gross revenue of $59,280 during 1997. Of the vehicles entering the area, it is estimated that approximately 3 per cent would purchase annual permits, 60 per cent would launch water craft, and 2 per cent would camp overnight. To implement permit sales, two part-time gatekeepers would be employed to work on -site at the recreation area from April through September. The annual operating costs for the gatekeepers and permit printing would be approximately $10,000 annually. Also, a building, small parking area, and ingress/egress roads would need to be constructed at the lake entrance. The first year's revenues would be absorbed by the cost to construct the permit station and related facilities. However, in subsequent years, the net revenues should be adequate to offset the maintenance and operating costs associated with the recreational use of Lake Alan Henry. 71 City Council Minutes January 23, 1997 Page 72 User fees for Lake Alan Henry should offset the higher maintenance costs associated with increasing visitation at the lake. Since the staff believes that these costs should be borne by the recreational users of the lake facilities, rather than by general water customers, approval of this item is recommended. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to authorize Resolution No. 5414 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (47.) Consider Ordinance No. 9971 relating to the establishment of a non-discriminatory procedure for granting telecommunications franchises for use of public rights of way within the City of Lubbock. ORDINANCE NO.9971 PUT IN ORDINANCE Council is aware of the fact that staff has been actively involved in a renegotiation of our franchise agreement with Southwestern Bell. Following the expiration of the previous agreement, Council approved a ninety day extension in order to allow time for additional negotiations. Those negotiations have now been concluded and staff is prepared to recommended approval of the attached ordinance. In the future, franchise fees will be based on a "line in use charge", which will net an amount of approximately $2,851,320 million annually. This is an increase of $616,320. There will also be a $5,000 franchise application fee and the applicant will pay our consultant's fees on acceptance of a franchise. The line usage fee will be easy for the franchise utility to calculate, easy for us to check, relates directly to the use of public right-of-way (our basis for charging per franchise), will be non-discriminatory and will not create a barrier to entry for new market entrance. All construction in the streets will require prior notice to the City and all projects over $25,000 will require a permit from the City and a performance bond in the amount of the construction costs. If the utility fails to close the project for any reason, we can use the bond proceeds to repair the right-of-way. Applicants will be allowed to choose to carry insurance or to be self -insured upon a showing of legal authority and a sufficient account balance to cover potential claims in the City's opinion. The term will be three years. We have retained the favorable hold harmless language of our present franchise agreement and Southwestern Bell has agreed to dismiss their pending lawsuit against us. (The lawsuit dismissal provisions will be included in the actual franchise ordinance, not the regulatory ordinance that we have just completed.) Once the regulatory is in place, we will come back to Council with an actual franchise ordinance for Southwestern Bell. 72 City Council Minutes January 23, 1997 Page 73 It is anticipated that this agreement will have the following impact on consumer bills. Residential from $1.12 per month to $1.35, an increase of $0.23 per month Business from $2.59 per month to $3.13, an increase of $0.54 per month Staff recommended approval of this ordinance. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9971 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (46.) Consider Resolution No. 5415 authorizing the Mayor Pro Tem to execute a contract with the firm of Commonwealth Consulting Corp. to represent the City of Lubbock in federal legislative affairs. RESOLUTION NO.5415 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Contract and all related documents by and between the City of Lubbock and Commonwealth Consulting Corporation, to provide consulting, counseling and legislative services for the City of Lubbock from January 23, 1997, to December 31, 1997, subject to an additional option period of January 1, 1998, through December 31, 1999, and if said option is exercised, the contract may continue for successive (2) two year periods. A copy of said contact is attached hereto and incorporated as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of January 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra B. Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice Section /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 73 City Council Minutes January 23, 1997 Page 74 According to staff memo, the City of Lubbock has for many years been actively involved at the "agency level" in Washington, D.C. Through our contacts with Barbara McCall, we have successfully worked with personnel in agencies such as HUD and EPA to interpret and revise rules in an attempt to best meet the needs of our citizens. While this has proved to be very effective, we find that we have not had the expertise necessary to work at the level of activity that may be more aptly described as strategic. There are numerous issues, which may take years to mature, on which we need to begin working now if we are to have the City appropriately positioned in the next century. Examples include future funding for I-27, the direction of electric utility deregulation, the impact of mass transit funding formulas following the 2000 census, etc. Our ability to impact these issues will, to a large extent, be dependent upon our ability to now begin working with senior level policy makers in Washington. The effort will be time consuming and will, as noted above, probably take years to mature. Nevertheless, we feel that it is necessary. Staff solicited proposals for additional Washington representation in February, 1996. We reviewed 21 bids for legislative services (including both the state and federal level). Three Washington firms presented federal proposals. Following extensive staff research, the review committee selected the proposal from Commonwealth Consulting Corporation. The proposed contract is "two tiered" in that it provides a basic fee ($3,000 per month) for the typical level of work and a second fee ($8,000 per month) should we require more intensive work on any specific issue. Proceeding to the second tier would only be allowed with the written consent of the City of Lubbock. Staff recommended Council approval of this item. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution No. 5415 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (51.) Confirm reappointment of Kay Key to the Structural Standards Commission. The citizen referenced above was selected for service during the City Council meeting on December 12, 1996. She has been contacted and has agreed to serve another term. Motion was made by Councilmember, Neugebauer, seconded by Councilmember Hernandez to reappoint Kay Key to the Structural Standards Commission. Motion carried: 5 Yeas; 0 Nays. (48.) Consider a Resolution No. 5416 canvassing the returns and declaring the results of the City Special Election held on January 18,1997. RESOLUTION NO. 5416 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE SPECIAL CITY ELECTION HELD JANUARY 18, 1997. 74 City Council Minutes January 23, 1997 Page 75 BE IT REMEMBERED THAT, on the 23rd day of January, 1997, the City Council of the City of Lubbock met at 10:00 o'clock a.m. at the regular meeting place of the City Council in the City of Lubbock Municipal Building with the following members present, to -wit: Mayor Pro Tern Alex "Ty" Cooke Councilmember T. J. Patterson Councilmember Max L. Ince Councilmember Randy Neugebauer Councilmember Victor Hernandez City Manager Bob Cass City Attorney Anita Burgess City Secretary Kaythie Darnell On Motion of Councilmember Randy Neugebauer, seconded by Councilmember Victor Hernandez, it is unanimously carried that the returns of the Special City Election held January 18, 1997, for the election of a Mayor, and one City Council Member as provided by law, be opened and canvassed, and the results of the election be declared therefrom; and said returns having been duly canvassed, it is found that the votes for the various candidates are as follows: CANDIDATES FOR MAYOR Cecil H. Puryear Windy Sitton Gilbert J. Montes, II The Mad Hatter Write in Votes: See the Attached List CANDIDATES FOR COUNCIL DISTRICT 3 David Nelson Carlos A. Leal, Sr. Landa Gamble -Jones Write in Votes TOTAL VOTES CAST IN ELECTION VOTES RECEIVED 1895 6555 383 513 178 VOTES RECEIVED 1921 147 493 9 2605 And it further appearing that said election was duly held as provided by law and that the following persons received a majority of the votes of the sum total of votes cast for each specified position: POSITION PERSON RECEIVING MAJORITY VOTE MAYOR Windy Sitton COUNCIL DISTRICT 3 David Nelson IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 75 City Council Minutes January 23, 1997 Page 76 THAT the persons named above as receiving the majority vote for a position are duly elected to the office indicated. PASSED, APPROVED AND ADOPTED ON MOTION OF RANDY NEUGEBAUER, SECONDED BY VICTOR HERNANDEZ, THIS 23RD DAY OF JANUARY, 1997. COUNCIL MEMBERS VOTING AYE: Alex "Ty" Cooke T. J. Patterson Max L. Ince Randy Neugebauer Victor Hernandez COUNCIL MEMBERS VOTING NAY: Passed by the City Council this 23rd day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, the governing body is required to canvass election results not earlier than the second day nor later than the sixth day after election day. Because the regularly scheduled meeting of the City Council falls within this time frame, we have scheduled the canvass and the swearing -in ceremony as the last items of business on the January 23 agenda. Each Councilmember will be provided with tabulation sheets showing the number of votes cast for each candidate as well as the number of under votes and over votes in each precinct. The resolution will canvass the returns and declare the results of the Special Election for the Mayor and City Councilmember District 3. The City Secretary recommended that the City Council accept the returns and act favorably on the resolution. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to authorize Resolution No. 5416 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Swearing in of new District 3 Councilmember David Nelson was followed by City Council adjournment into Executive Session. (49.) Hold an executive session, in accordance with V.T.C.A Government Code, Section 551.074 (a)(1), to discuss personnel matters (City Manager and City Secretary). 76 City Council Minutes January 23, 1997 Page 77 (50.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Solid Waste and Water Utilities). The City Council reconvened. There being no further business or discussion, it was the consensus of Council to adjourn the meeting. r" A EST: v4L ayth' Darnell, City Secretary Read and approved this of AT ST: U4t��'- -'I 4VI-11 Kaythie Ajarnell, City Secretary ALEX "TY" COOKE, MAYOR PRO TEM 1997. �_—' p ALEX "T"W' COOKE, MAYOR PRO TV -",A