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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/12/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 12, 2001 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of April, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:37 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember David Nelson. Absent: Councilmember Hernandez, Councilmember McDougal, Councilmember Morrison, Councilmember Patterson, CITIZEN COMMENTS No one appeared to express comments to the Council EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Human Relations; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); to deliberate the purchase, exchange, lease, or value or real property (Aviation). 7:40 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Human Resources; Water Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Keep Lubbock Beautiful Advisory Committee Public Transit Advisory Board (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Aviation). Regular City Council Meeting April 12, 2001 Page 212 9:07 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (6.) Annual report from the Keep Lubbock Beautiful Committee on its activities and announcing the winner for the youth logo contest for the "Take Pride City Wide" campaign. Karen Malouf, Chairperson (15 minutes) The Chairperson for Keep Lubbock Beautiful updated the Council on its activities and achievements for the year. This included an announcement of the winner of a youth logo contest for the upcoming "Take Pride City Wide" cleanup day, as well as other ongoing or future activities. KLB was placed with the Community Development Department in the spring of 2000. This was the first report since that partnership was formed. This item was being presented for informational purposes only. No action is required. ( 7.) Presentation describing the City of Lubbock and Texas Tech University "Gateway" Corridor Project. Victor W. Baxter, Vice President of Schrickel, Rollins and Associates, Inc. (20 minutes) The Transportation Enhancement Program is a federally funded program designed for projects that have a relationship to the surface transportation system. The City of Lubbock and Texas Tech University filed two joint applications. Schrickel, Rollins and Associates, Inc. (SRA) has been contracted by the City of Lubbock to design a Master Plan for North University from Fourth Street to the Canyon Lakes. SRA is also the consultant for Texas Tech University. The Texas Tech University project focuses on 19`' Street and University to 4`' Street. Victor W. Baxter, Vice President of SRA, made the presentation. The goal of the project is to reinforce University Avenue as a major corridor by developing a beautiful "gateway" that will be an area of activity and development. The City of Lubbock and Texas Tech University "Gateway" Corridor Project will connect the Texas Tech University Campus to the Canyon Lakes Trail System in the Lubbock community. ( g,) Presentation of an update regarding the recent Energy, Environment, and Natural Resources (EENR) committee meeting held at the National League of Cities Congressional Cities Conference. Dan Dennison, Environmental Compliance Manager (10 minutes) At the recent National League of Cities Congressional Cities Conference in Washington, D.C., Council member T.J. Patterson presided over the EENR policy and steering committee meetings to discuss issues affecting local governments all across the country. Dan Dennison presented a short summary of the issues presented and their impact on Lubbock. Dan Dennison made a presentation on behalf of Councilmember T. J. Patterson. (9.) Presentation to the City Council to update activities bridging the "digital divide." Tommy Gonzalez, Assistant City Manager; Jeff 212 Regular City Council Meeting April 12, 2001 Page 213 Rippel, Director Library Services; Corbin Pemberton, Parks and Recreation; Ron Lewis, Assistant to the City Manager (15 minutes) Last year Council directed staff through your Lubbock City Council Goals/Strategies to "Close the "digital divide" by involving learning institutions and corporate sponsors." The following efforts have been accomplished: Jeff Rippel, Library Services: a. Bill and Melinda Gates Computer Lab - Mahon Library b. Computer Learning Lab - T.J. Patterson Branch Library C. Other Activities Corbin Pemberton, Parks and Recreation: a. Trejo Learning Lab - Maggie Trejo Supercenter b. Simmons Learning Lab - Mae Simmons Community Center C. 19th Street Senior Center Ron Lewis, City Manager's Office a. PowerUP: Bridging the Digital Divide Grant b. Mentoring Works! AmeriCorps Volunteers C. Other Activities (South Plains Workforce, MLI) 10:35 A.M. WORK SESSION RECESSED 10:50 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Mayor Sitton called the meeting to order at 10:50 A. M. (10). Pastor Kevin O'Brien, Bethany Baptist Church gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Civic Lubbock, Inc. Receiving: Bill Lowell (unable to attend) Community Relations Commission Receiving: Lynne Duncan (unable to attend) Keep Lubbock Beautiful Advisory Committee Receiving: Debby Hansard Neighborhood Redevelopment Commission Receiving: Mike Fowler Zoning Board of Adjustment Receiving: Mike Johnson (unable to attend) 213 Regular City Council Meeting April 12, 2001 Page 214 CITIZENS APPEARANCES (12.) Presentation of a special recognition to Dan Dennison, Environmental Compliance Manager for the City of Lubbock, in honor of his receipt of the prestigious I.E. Scott Award, presented by the Texas Environmental Health Association. Dan Dennison was recently awarded the prestigious I.E. Scott Award at a meeting of the Texas Environmental Health Association in El Paso. It has been 16 years since a recipient from West Texas has been recognized for efforts in the field of environmental health. The I.E. Scott Award is the Association's highest honor in recognition of one of the past leaders of the Association. Awarding of this honor to a member recognizes superior achievement of the highest standards in the Environmental Health profession. Each year the winner of the I.E. Scott Award will automatically be submitted as an entry for the Walter S. Mangold Award given by the National Environmental Health Association. Presentation of a special recognition was made to Dan Dennison, recipient of the I.E. Scott Award. (13.) Presentation of a special recognition to the Lubbock Arts Alliance in preparation for the kickoff of the 23'd Annual Lubbock Arts Festival, April 20-22, 2001. The Lubbock Arts Alliance was founded in 1969. This entity is our community's official arts agency as recognized by the Lubbock City Council and the Texas Commission on the Arts. The Lubbock Arts Alliance has a mission to foster the creation, understanding and appreciation of all the arts. The Lubbock Arts Festival, held annually on the 3`d weekend in April, is the largest and most anticipated program of the Alliance. The Alliance works with over 300 visual and performing artists each year, many of who travel from across the country to participate in the festival. The Arts Festival will begin Friday, April 20 with a preview night and end Sunday, April 22. The event is held at the South Plains Fairgrounds. A presentation of a special recognition to the Lubbock Arts Alliance in honor of the upcoming 23`d Annual Lubbock Arts Festival was accepted by Laura Bellaire and Marie Wise. (14.) Presentation of a special recognition to the Community Development and Services Board commemorating April 9-13, 2001 as Community Development Week and April 2001 as Fair Housing Month in Lubbock. This year, the City of Lubbock will join with cities across the nation to celebrate the 27"' anniversary of National Community Development Week to be held the week of April 9-13, 2001. The Community Development Block Grant (CDBG) program was signed into law on August 22, 1974, by President Gerald R. Ford. These federal funds, along with Emergency Shelter Grant and HOME Investment Partnership Program funds, are provided to the City annually for a variety of community development uses that include affordable housing, neighborhood and human services, youth and childcare programs, job creation and retention, and homeless services. 214 Regular City Council Meeting April 12, 2001 Page 215 The City of Lubbock will also commemorate April 2001 as Fair Housing Month. The Fair Housing Act is a federal law that prohibits discrimination in certain real estate and bank transactions on the basis of race, creed, national origin, gender, familial status or religion. A special recognition was presented to the Community Development and Services Board commemorating April 9-13, 2001 as Community Development Week and April 2001 as Fair Housing Month in Lubbock. Chairperson Grey Lewis and Nancy Haney from the Community Development and Services Board accepted the proclamation. (15.) Presentation of a special recognition to Ron Lewis, Assistant to the City Manager, commemorating April 9-12, 2001 as Local Government Week in Lubbock County. This is the third Annual Local Government Week in Lubbock County and the second year in which the City of Lubbock has partnered with Lubbock County to hold this event. There will be over 500 students from area junior high schools and high schools within Lubbock County participating this year. Various City of Lubbock departments and staff will be hosting approximately 150 students throughout the week. Members of the Emergency Operations Center, Fire Department, and Police Department will participate in a Public Safety Street Fair on Monday and Tuesday demonstrating a variety of equipment for students. The following public and private schools have agreed to participate: Abernathy, Frenship, Idalou, Lubbock, Lubbock Cooper, New Deal, Roosevelt, Shallowater, Slaton, All Saints, Lubbock Christian and South Plains Academy. Daily luncheon speakers include: Bob Cass, City Manager; Don McBeath, Former County Judge; Sam Seale, Executive Director of the Texas Association of Counties; and Tony Garza, Texas Railroad Commission Member. The Honorable Larry Combest, Congressman, will be speaking to the students on Tuesday morning. A special recognition was presented to Ron Lewis, Assistant to the City Manager, commemorating April 9-12, 2001 as Local Government Week in Lubbock County. Approximately 50 students representing Frenship, Lubbock Cooper, Shallowater, Roosevelt and Monterey High Schools were present to watch the City Council meeting. (16.) Presentation of incentive awards-4he February and March Legendary Service Star Awards and one Cost Savings Suggestion award. The February Legendary Service Star Award for exemplary customer service was presented by City Manager Bob Cass to Marlin Hamilton with the Fire Marshal's Office and John Pierce and Aubrey Long with Building Inspection. John Wilkerson with Wilkerson Properties, in a letter to Bob Cass, commended these employees for their "can -do attitudes and willingness to help" in "transforming a downtown eyesore into a nice -looking, occupied, income -producing building." Marlin, John and Aubrey assisted with fire code issues and permits in readying the JC Penney building for the Bridges Learning Program within a tight time schedule. The March Legendary Service Star Award was presented to the Crimes Against Persons section of the Police Department. The team of employees was involved in the investigation of the homicides of Douglas Birdsall and Viola Ross. Roger Birdsall, brother of the deceased, expressed in a letter to Chief Walker his appreciation for the professionalism and compassion demonstrated by this group. "Not only 215 Regular City Council Meeting April 12, 2001 Page 216 were they proficient but they exhibited an unexpected level of personal commitment and empathy in handling this terrible tragedy." Captain Thomas Esparaza introduced the members of the Crimes Against Persons Section of the Police Department listed below: Sgt. John Sgt. Tony Sgt. Jeff Baker Gomez Gribben Homicide Cpl. Leland Cpl. Chris Cp1.Roy Investigators: Hufstedler Breunig Vieregge Cpl. Tal English Cpl. Doug Cpl. Garland Sutton Timms Officer Rene Officer Wesley Officer Mike Officer Rey Martinez Shields Kral Martinez Officer Gaylon Officer Dewayne Lewis Proctor Crime Analysts Robert Stack Julie Graf. PSOs Lori Bishop Cynthia Ringos Administrative Assistant Diana Sanchez The Cost Savings Suggestion program awards employees who find innovative ways to save the City money, avoid costs or improve productivity 10 % of verified, first -year savings or a cash award for productivity improvement without verified savings is paid to employees. Juan Gutierrez, Chemist at the Wastewater Laboratory submitted a suggestion that reduced operating costs of the laboratory by $6,841. Juan suggested a revamping of instrument validation and calibration procedures, which still meet TNRCC audit requirements while decreasing budget costs. City Manager Bob Cass presented a certificate and check for $684 to Mr. Gutierrez. CONSENT AGENDA (Items No. 17-60) Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to approve Items 17-32, 34-35, 37-40 and 42- 60 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays (17.) Approval of the minutes of the Regular City Council Meeting of March 22, 2001. (18.) ORDINANCE #2000-00066-Amending Section 28.93 of the City of Lubbock Code of Ordinances to provide for a late charge to be applied to overdue sewer bills (second and final reading). ORDINANCE NO. 2001-00066 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 29 6; A ZONING CHANGE FROM T TO IHC, IHI AND C-3 ZONING ON LOTS 1-71, WEST 82ND STREET COMMERCIAL PARK, LOTS 1-39, WESTVIEW COMMERCIAL AREA, IA-5A, WESTVIEW COMMERCIAL AREA OTO CONDITIONS, LUBBOCK,TEXAS; A PROVIDING A PENALTY, SUBJECT SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 216 Regular City Council Meeting April 12, 2001 Page 217 (19.) ORDINANCE #2000-00067-Amending Section 23-33 of the City of Lubbock Code of Ordinances to provide for a late charge to be applied to overdue solid waste bills (second and final reading). ORDINANCE NO. 2001-00067 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2917; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOTS 12-14 AND 16, BLOCK 1, EUBANKS-FORT ADDIITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE #2001-00014-Abandoning and closing a 15-foot alley in the F.R. Friend's Addition to the City of Lubbock (2506 V Street) (second and final reading). ORDINANCE NO.2001-00014 AN ORDINANCE ABANDONING AND CLOSING A 15 FOOT ALLEY IN THE F.R. FRIEND'S ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (21.) ORDINANCE #2001-00020-ZONE CASE NO. 2772-A (9801-9825 Vinton): Request of the City of Lubbock (for parcel owners) for a zoning change from A-2 to R-1 specific use for garden homes on Lots 1A-12, Wedgewood South Addition (second and final reading). ORDINANCE NO.2001-00020 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2772-A; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 1A-12, WEDGEWOOD SOUTH ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) ORDINANCE #2001-00021-ZONE CASE NO. 2905 (10410 Slide Road): Request of Michael R. Postar (for Advanced Self Storage) for a zoning change from T to C4 specific use for )mini -warehouses on an unplatted 5.03 acre tract out of Block E2, Section 25 (second and final reading). ORDINANCE NO. 2001-00021 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2905; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON AN UNPLATTED 5.03 ACRE TRACT OUT OF BLOCK E2, SECTION 25, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (23.) ORDINANCE #2001-00022-ZONE CASE NO. 2906 (7015 Indiana Avenue): Request of King McInnes for Indiana Chevron for a zoning change from C-2 to C-3 on Lot 177, Live Oak Addition (second and final reading). 217 Regular City Council Meeting April 12, 2001 Page 218 ORDINANCE NO.2001-00022 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2906; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON LOT 177, LIVE OAK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (24.) ORDINANCE #2001-00023-ZONE CASE NO. 2908 (southwest corner of 66" Street and Upland Avenue): Request of Hugo Reed and Associates, Inc. (for South Plains Development Corporation) for a zoning change from T to IHI on Tract A, Tobasco Valley No. 3 (second and final reading). ORDINANCE NO.2001-00023 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2908; A ZONING CHANGE FROM T TO IHI AND IHC ZONING ON TRACTS OUT OF SECTION 31, BLOCK AK, LUBBOCK COUNTY, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (25.) ORDINANCE #2001-00024-ZONE CASE NO. 2909 (north of 60h Street and south of Spur 327 between Justice Avenue and Pontiac Avenue): Request of Burl Masters (for Dick and Jim Lowrey) for a zoning change from R-1 to C-4 and A-1 on an unplatted 99.5 acre tract out of the southwest corner of Section 36, Block AK, and the southeast corner of Section 35, Block AK (second and final reading). ORDINANCE NO.2001-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2909; A ZONING CHANGE FROM R-1 TO C-4 AND A-1 ZONING ON AN UNPLATTED 99.5 ACRE TRACT OUT OF THE SOUTHWEST CORNER OF SECTION 36, BLOCK AK, AND THE SOUTHEAST CORNER OF SECTION 35, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (26.) ORDINANCE #2001-00025-ZONE CASE NO. 1786-A (northwest corner of 98" Street and University Avenue): Request of Hugo Reed and Associates, Inc. (for Robert Whitaker) for a zoning change from C-2 to A-1 on Lots A-1-B, University Pines Addition (second and final reading). ORDINANCE NO. 2001-00025 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1786-A; A ZONING CHANGE FROM C-2 TO A-1 ZONING ON LOTS A-1-B, UNIVERSITY PINES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (27.) ORDINANCE #2001-00027-Amendment of the zoning code requiring Zoning Board of Adjustment approval of outdoor sales tents larger than 30 feet x 60 feet (second and final reading). 218 Regular City Council Meeting April 12, 2001 Page 219 ORDINANCE NO.2001-00027 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING," BY DELETING THE REQUIREMENT FOR ZBA APPROVAL OF OUTDOOR SALES TENTS LARGER THAN 30 X 40 FEET; BY AMENDING SECTION 29-30(b) TO ADD A SUBSECTION ENTITLED "ADMINISTRATIVE REVIEW AND PERMITTING FOR PROMOTIONAL SALES AND GRAND OPENING ACTIVITIES"; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (28.) Ordinance No. 2001-00028 abandoning and closing a portion of a water line easement and a drainage easement in Section 20, Block E- 2, Lubbock County (2502 108' Street) (first reading). ORDINANCE NO. 2001-00028 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A WATER LINE EASEMENT AND A DRAINAGE EASEMENT LOCATED IN SECTION 20, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATON. When the Sunrise Estates Addition at 109`' Street and University Avenue was being platted, separate drainage and water line easements were dedicated along the north side of the first phase. The third phase at 108' and University is now being platted and the areas to be dedicated as streets and alleys will be used for drainage and utilities. The previously dedicated drainage and water line easements will no longer be needed. All utilities are now in agreement. The Right -of -Way Department recommended the first reading of the ordinance. (29.) Ordinance No. 2001-00029 repealing Sections 9-19 and 9-20 of Chapter 9 of the Code of Ordinances of the City of Lubbock, Texas and reserving Sections 9-19 and 9-20 for future expansion. ORDINANCE NO. 2001-00029 AN ORDINANCE REPEALING SECTIONS 9-19 AND 9-20 OF CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS AND RESERVING SECTIONS 9-19 AND 9-20 FOR FUTURE EXPANSION. Lubbock Power & Light is not presently collecting actual costs to process overdue bills, to reconnect services, and to disconnect services. These items are presently covered under an existing ordinance. LP&L needs the ability to more easily modify these charges as business conditions warrant and believes the process could be better handled in the future by resolutions rather than an ordinance. LP&L recommended that the City Council repeal the ordinance and pass a resolution to allow recovery of the actual costs. (30.) Resolution No. 2001-RO103 approving and implementing all terms of access, conditions, and rates applicable to electric services provided to all tariff classes served by Lubbock Power & Light, the City's municipally owned electric utility. 219 Regular City Council Meeting April 12, 2001 Page 220 RESOLUTION NO. 2001-RO103 WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock; and WHEREAS, pursuant to Section 40.055 of the Texas Utility Code, the City Council of the City of Lubbock has exclusive jurisdiction to set all terms of access, conditions, and rates applicable to services provided by Lubbock Power & Light; and WHEREAS, pursuant to Section 9-17 of the Code of Ordinances, City of Lubbock, Texas, all rates to be charged for electric service provided by Lubbock Power & Light shall be determined by the City Council of the City of Lubbock in a meeting conducted pursuant to Section 551.086 of the Texas Government Code; and WHEREAS, Section 551.086 of the Texas Government Code authorizes the City Council of the City of Lubbock, as the governing body of Lubbock Power & Light, to meet in executive session to discuss, vote and take final action on a competitive matter of Lubbock Power & Light; and WHEREAS, the City Council of the City of Lubbock has determined that the subject matter of this resolution and any and all exhibits attached hereto relate to Lubbock Power & Light's competitive activity; and WHEREAS, the City of Lubbock desires to change the rates and tariff structure for residential, commercial, industrial, and other retail customers of the City's municipally owned electric utility, Lubbock Power & Light, beginning on June 11, 2001; and WHEREAS, the City Council of the City of Lubbock deems that it is no longer in the best interest of the citizens of the City of Lubbock to continue to use the rate and tariff structure passed by the City Council in Resolution No. 4307 on October 28, 1993;and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to improve the efficiency and competitiveness of the municipally owned electric utility, Lubbock Power & Light; and WHEREAS, the City Council has determined in a meeting conducted pursuant to Section 9-17 of the Code of Ordinances, City of Lubbock, Texas that the attached rate and tariff structure, along with the terms and conditions thereof, would improve the efficiency and competitiveness of the City's municipally owned electric utility; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Lubbock Power & Light shall, effective June 11, 2001, place into effect for usage the attached tariff and rate structure, including all the terms and conditions contained therein. This rate and tariff structure shall remain in effect until the City Council of the City of Lubbock authorizes amendment of such rate and tariff structure. The tariff and rate structure is attached hereto as Exhibit "A" and incorporated herein as though set forth fully herein. 220 Regular City Council Meeting April 12, 2001 Page 221 Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney The new utility billing system should be operational on June 11, 2001. This system had several problems incorporating LP&L's existing electric rates into its structure. The costs to modify the new systems billing structure to include the existing rates were prohibitive. A more prudent and economical approach was to modify LP&L's existing rates to work within the structure of the new billing system. In particular, the new system could not perform the following operations: Add one percent franchise fee within the structure (modification). Base _ rate numbers were changed to include the franchise within the base rate numbers. A. Utilize a varying energy block to pass through demand costs within the energy blocks (modification). The demands were separated into a new component and billed as demand for the new energy system. B. Bill variable or non -energy related factors for the minimum bills (modification). All minimum bills were recreated through combinations of demand ratchets and service availability charges. C. Bill the discount portions of LP&L's Large General Service Rate (modification). This portion was separated into a new Large General Service - Primary Rate. D. Bill any portion of LP&L's Heating Rider due to its complexity (modification). A new rate was created to discount winter electric usage for commercial customers using electric heat. E. LP&L also combined its two church rates into one rate and created a Vacant Service rate to strengthen our competitive status among apartments and rental units and collect revenue for this service. It is estimated that these changes have saved over $500,000 in required modifications currently. Future cost savings are unknown but estimated to be considerable. 221 Regular City Council Meeting April 12, 2001 Page 222 The net effect of these changes will produce approximately the same revenue within each rate class as under the old electric rates. In addition to the development of a new rate structure, a set of "General Terms and Conditions of the Tariff" was developed to resolve some service problems that had existed in the past. LP&L did not have any written Terms or Conditions prior to this process. LP&L recommended that the City Council approve the new rates and the General terms and Conditions. (31.) Resolution No. 2001-RO104 authorizing the Mayor to execute Change Order #1 to a contract with Lubbock Building Services for construction of the Lubbock Police Academy Firing Range. RESOLUTION NO. 2001-RO104 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, Change Order #1, to RFP #00-228, between the City of Lubbock and Lubbock Building Services, Inc., for the Police Academy Firing Range, and related documents. Said Change Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Gary W. Smith, R.A. Gary W. Smith, R.A., Facilities Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Change Order is filed with Resolution No. 2001-R0104. This contract is for the construction of the Police Academy Firing Range located west of Reese Center. This project has a May 2001 completion date that must be maintained due to future commitments for the State of Texas Police Olympics. This project is funded through the General Facilities and System Improvements Capital Projects Fund, Project #9151. The original portion of the contract was awarded at $848,600. The overall budget for the construction portion of this project is approximately $1,000,000. A change order in the amount of $55,114.06 is submitted. The amount is equal to 6.49 % of the original contract amount. The change order has two portions. The first is for the abandonment and plugging of an M9 Regular City Council Meeting April 12, 2001 Page 223 existing water well as per TNRCC regulations. The second portion is to import 10,750 cubic yards of soil. This soil is to be mixed with existing soil, plowed and turned. This will allow for compaction requirements to be achieved expeditiously. Due to local moisture conditions, drier soil must be imported. Due to project deadlines and the reasonable cost for this additional work, the Facilities Management Department recommended approval of this change order to the original contract. The original contract amount and the addition of the change order still have the construction portion of this project within the proposed budget. The new contract amount will be $903,714.06. (32.) Resolution No. 2001-RO105 authorizing the Mayor to execute Amendment #4 to an architectural services agreement with Parkhill, Smith & Cooper, Inc., to provide architectural services for Phase III of the Municipal Square Renovations -Police Administration Renovation and the Municipal Courtroom Renovations. RESOLUTION NO. 2001-RO105 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 Amendment No. 4 to the Agreement dated December 19, 1996, between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and related documents. Said amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Amendment is filed with Resolution No. 2001-R0105. A contract was executed with Parkhill, Smith & Cooper on June 15, 1998 to provide architectural services for the Master Plan and Phase I contract documents for the Municipal Square Renovation capital project, which has a current project budget of $2,161,042. Phases I and II are completed. The Municipal Court Renovation project has a current project budget of $282,500. Architectural Services Fees for Phase III of this project were based on earlier construction estimates of $775,800 and were agreed upon at $75,670. The revised estimated cost for 223 Regular City Council Meeting April 12, 2001 Page 224 construction of Phase III, including the Municipal Court renovation, PD Administration Renovation, and the installation of an elevator is $1,164,884. Additional fees requested due to additional work related to the increases in the construction budget corresponding to the revised construction costs are $37,952. These fees combined with the original fee amount to $113,622. The proposed fee and amendment have been approved by Facilities Management and City Attorney staff. The total cost of basic Architectural Services amounts to $113,622 or 9.8% of the total of this type of renovation project. Staff recommended that this resolution be approved. The next item considered was Item No. 34. (33.) Resolution No. 2001-RO134 authorizing the Mayor to sign an agreement with the Lubbock Arts Alliance to administer the art grant program. RESOLUTION NO. 2001-RO134 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement by and between the City of Lubbock and the Lubbock Arts Alliance, Inc., to administer the art grant program, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons Cultural Arts Services Manager APROVED AS TO FORM: /s/ William de Hass William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2001-R0134. For the past 20 years, the Lubbock City Council has partnered with the Lubbock Arts Alliance, Inc., whereby the Arts Alliance manages a grant program designed to encourage and promote all forms of art in the Lubbock community. Funding for the grant program is allocated from 5.71429 % of the total hotel/motel tax collected during the previous fiscal year. 224 Regular City Council Meeting April 12, 2001 Page 225 The 2001/2002 agreement provides for a total of $146,797.65, which is 5.71429 % of the total hotel/motel collected during the fiscal year ended September 30, 2000. The agreement provides that a joint review committee, represented by the Lubbock Arts Alliance, Inc. and appointments by the Lubbock City Council, evaluates applications from community arts organizations for the art grants. The grants review committee then makes recommendations to the City Council for awarding of the grant funds. Upon approval by the Lubbock City Council, the Lubbock Arts Alliance, Inc., using funds received from the city, then allocates funds for the approved programs. The Lubbock Arts Alliance is responsible for monitoring and administering all aspects of the grant program. Lubbock Arts Alliance, Inc. recommended a new agreement be approved so the grant program may continue through the 2001/2002 grants cycle. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to approve Item 33 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. (34.) Resolution No. 2001-R106 authorizing the Mayor to execute an application to the Texas Department of Transportation Enhancement Program for a project nomination provided by the Transportation Equity Act for the 21' Century. RESOLUTION NO. 2001-0106 WHEREAS, the City of Lubbock, Texas desires to submit an application for the development of the University Streetscape Project to be submitted to the Texas Department of Transportation Statewide Transportation Enhancement Program for a project nomination provided by the Transportation Equity Act for the 21't Century; and WHEREAS, the Project will beautify University Avenue and create an attractive entrance into the City and Texas Tech University; and WHEREAS, the City desires to establish its commitment to pledge the 20 % match in accordance with the Texas Transportation Enhancement Program guidelines; and WHEREAS, the City commits the project's development, implementation, construction, maintenance and financing; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized to execute all documents necessary for the submission of the University Streetscape Project. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 225 Regular City Council Meeting April 12, 2001 Page 226 APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney The Transportation Enhancement Program is a federally funded program designed for projects that have a relationship to the surface transportation system. These projects are non-traditional transportation related activities that go beyond building or rehabilitating roadways. Projects integrate transportation facilities into the surrounding environment in a sensitive and creative manner that goes beyond standard or routine operations. The funds provided by this program are on a cost reimbursement basis and are capped by the award amount. A minimum match of 20 percent local funding to a maximum 80 percent federal funding is required in each project phase when federal reimbursement is requested. The City of Lubbock and Texas Tech University will file two joint applications. An intent to file the application(s) will be submitted to the local Metropolitan Planning Organization (MPO) by April 28, 2001. The targeted award of each application will be approximately $3.6 million. Schrickel, Rollins and Associates, Inc. has been contracted by the City of Lubbock to design a Master Plan for North University from Fourth Street to the Canyon Lakes. The 20 percent match of $600,000 will be shared between the City of Lubbock at $300,000 and Texas Tech University at $300,000. City staff recommended the approval of this resolution authorizing the Mayor to execute the application. (35.) Resolution No. 2001-RO107 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and Texas Tech University to file two joint nominations to the Transportation Enhancement Program. RESOLUTION NO. 2001-RO107 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 Agreement, by and between the City of Lubbock and Texas Tech University for the University Streetscape Project, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 226 Regular City Council Meeting April 12, 2001 Page 227 APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy Sims. Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0107. The City of Lubbock and Texas Tech University will file two joint applications. The targeted award of each application will be approximately $3.6 million. An intent to file an application(s) will be submitted to the local Metropolitan Planning Organization (MPO) by April 28, 2001. The City of Lubbock has contracted with Schrickel, Rollins and Associates, Inc. to design a Master Plan for North University from Fourth Street to the Canyon Lakes. The funds provided by this program are on a cost reimbursement basis and are capped by the award amount. A minimum match of 20 percent local funding to a maximum 80 percent federal funding is required in each project phase when federal reimbursement is requested. The 20 percent match of $600,000 will be shared between the City of Lubbock at $300,000 and Texas Tech University at $300,000. If both projects are awarded, the City of Lubbock will be responsible for a $600,000 match and the Texas Tech University will be responsible for a $600,000 match. City staff recommended the approval of this resolution and interlocal agreement The next item considered was Item No. 37. (36.) Resolution No. 2001-RO135 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2000— 2001 use of in -kind services by City of Lubbock departments for special event support. RESOLUTION NO. 2001-0135 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY2000-2001 use of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 227 Regular City Council Meeting April 12, 2001 Page 228 APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Parks and Recreation Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0135. At the January 9, 1997, City Council meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Park and Recreation Board were expanded to include review of requests for in - kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90% is earmarked for existing events, while the remaining 10% is targeted for new events. Each year, City staff conducts at least two training sessions for local non-profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least 45 days prior to the event. Once received, the application is reviewed by departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Park and Recreation Board then rates the grant application for in - kind City services based on the applicant's response to 9 subjective questions for each event. Each subjective question is worth up to 5 points from the individual Park and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On June 27, 2000 and March 27, 2001, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Applications for in -kind services: Event In -Kind Percent In -Kind Depot District Run for the $449 88 % $395 Arts March of Dimes $1,357 95% $1,290 WalkAmerica $1,685 Total $1,806 To date, there is a total of $89,634 of in -kind services approved for FY 2000-2001 with a total of $1,685 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. This 228 Regular City Council Meeting April 12, 2001 Page 229 would leave a balance of $88,681 of in -kind services that can be allocated for existing special events in FY 2000-2001. This total does not include the $20,000 reserved for new special events. Staff recommended approving the two applications for the in -kind services to be provided through the Special Events Policy adopted by City Council. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to approve Item 36 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. (37.) Resolution No. 2001-RO108 authorizing the Mayor to execute a street -use license for additional vehicle parking area with Faisal Zeitouni (2718 50te Street). RESOLUTION NO. 2001-RO108 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 associated documents with Faisal Zeitouni for additional vehicle parking. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2001-R0108. At the northeast corner of Canton Avenue and 50' Street is a dry cleaning business. On the south side of the cleaners, facing 50' Street, are head -in parking spaces. Due to the location of the main building on the property, there is very little parking lot space between the south side of the building and 50' Street. Once a vehicle is parked in these head -in parking spaces, the parking lot drive between the building and a parked vehicle is very narrow. By utilizing some of the north right-of-way of 50' Street for increased head in parking space area, parking congestion and the likelihood of vehicle accidents can be greatly reduced. Mr. Zeitouni desires to use 9 feet north to south and 95 feet east -to -west of this excess 50`' Street right-of-way. The total area to be used is 855 229 Regular City Council Meeting April 12, 2001 Page 230 square feet. The proponent of this license will be charged $256.50 for the use per year for this right-of-way. This was calculated by using $3 per square foot x 855 square feet x 10 % = $256.50. This license will be for 20 years, payable every 5 years in advance for a total now due the City of $1,282.50. The Right -of -Way Department recommended the approval of this street - use license. (38.) Resolution No. 2001-RO109 authorizing the Mayor to execute an alley -use license with Schauer & Associates for a landscaping area, stairway, and parking area (610 Broadway). RESOLUTION NO. 2001-RO109 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 Alley Use License with associated documents with Schauer & Associates, Inc. for a landscaping area, stairway, and parking area. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2001-R0109. Hal Schauer of Schauer & Associates has an office building at 610 Broadway. He has constructed an entry stairway in the east side of the north -south alley just north of Broadway between Avenue E and Avenue F. He also wants to construct a small landscaping area and park cars that come to his business in the alley area. Utilities do not have a problem with this and solid waste utilizes the east -west alley for dumpster pick up. This alley -use license will be for 20 years, payable every 5 years in advance. The yearly amount for this license will be $175 and $875 for the five-year amount. This was calculated by using the license formula of 7 feet x 125 feet = 875 square feet (alley area) x $2 per square foot (appraised value of the alley area) = $1,750 x 10 % = $175 per year. The Right -of -Way Department recommended the approval of this alley - use license. 230 Regular City Council Meeting April 12, 2001 Page 231 (39.) Resolution No. 2001-RO110 authorizing the Right -of -Way Department to make an offer to Robert H. Fletcher and Nelda K. Fletcher for certain utility relocations in conjunction with the Marsha Sharp Freeway Railroad Relocation Project (west of FM 179, south of 191h Street). RESOLUTION NO. 2001-RO110 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the Marsha Sharp Freeway Railroad Relocation Project; 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 relocating a private gas line 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 relocation of the private gas line on the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT 1RRX Robert H. Fletcher and wife, Nelda Fletcher $ 2,500.00 SECTION 2. THAT the relocation of the private gas line on the above - described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described private gas line on the parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the acquisition of relocating a private gas line, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /S/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0110. 231 Regular City Council Meeting April 12, 2001 Page 232 Just south of 19`h Street and west of FM 179 (Inler Avenue) the new railroad is heading northward from the existing spur track that goes to Levelland. At that point, the railroad is crossing an underground private gas line that serves Mr. and Mrs. Fletcher who live south of 19`' Street along FM 179. This old pipeline will have to be removed and a new line installed at a different location to serve the Fletchers by Energas. Energas will construct this new line to the Fletchers' property line, and from the Fletchers' property line to the house will be at Mr. and Mrs. Fletcher's cost. Staff had an appraiser, Jim Bowman, get an estimate and submit an appraised value to offer the Fletchers for this gas line relocation. That amount is $2,500, which is our offer to the Fletchers. The Right -of -Way Department recommended the approval of our offer to the Fletchers. (40.) Resolution No. 2001-RO111 authorizing the Right -of -Way Department to make an offer to FLP RAMAR, LTD. for a drainage easement and a down -guy easement located in Section 20, Block E-2, Lubbock County, for the 981h Street widening project. (2515 981h Street). RESOLUTION NO. 2001-R011l WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 98`' Street widening project from Indiana Avenue to University Avenue and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the drainage easement and down -guy easement to the tract of land further described in Exhibits "A" and "B", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being FLP RAMAR, LTD. BE offered through the Right -of -Way Department of the City of Lubbock the amount of $20,100.00 which is the amount appraised as the value and total damages for the drainage easement and down -guy easement and acquisition of said real estate 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 drainage easement and down -guy easement. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 232 Regular City Council Meeting April 12, 2001 Page 233 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of Exhibits "A" and "B" is filed with Resolution No. 2001-RO111. At the southwest corner of 98`' Street and University Avenue is the KJTV 34 television station. Fee simple right-of-way for 98`'' Street was acquired about 15 years ago, but a 50-foot drainage easement and an LP&L down -guy easement are needed for this 98`' street -widening project between University Avenue and Indiana Avenue. This 2.00-foot by 30.00 foot down -guy easement is located just west of University Avenue and was appraised by Deck Goddard for $400. The drainage easement is located on the south side of 98`h Street, approximately 800 feet west of University Avenue. It measures 50.00 feet wide by 680 feet long and contains 34,013 square feet. Mr. Goddard appraised this drainage easement for a value of $19,700. Therefore, our offer to FLP RAMAR, LTD is $20,100. This resolution also authorizes condemnation proceedings to acquire this property if our offer is refused. The Right -of -Way Department recommended the approval of our offer to FLP RAMAR, LTD. The next item to be considered was Item No. 42. (40.) Resolution No. 2001-RO136 authorizing the Right -of -Way Department to make an offer to the Estate of Bruce E. Gentry, Sr., deceased, and the Estate of Bruce E. Gentry, Jr., deceased, for a 7.721 acre fee simple tract of land and a 0.3444 acre drainage easement located in Section 38, Block D, Lubbock County for the Airport Railroad Spur Project (north of Airport). RESOLUTION NO. 2001-0136 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for a Lubbock International Airport Railroad Spur Track; and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tract of land and drainage easement further described in Exhibit "A" and Exhibit "B" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being the Estate of Bruce E. Gentry, Sr., Deceased, and the Estate of Bruce E. Gentry, Jr., Deceased BE offered through the Right -of -Way Department of the City of Lubbock, the amount of $61,400.00 which is the amount appraised as the value and total 233 Regular City Council Meeting April 12, 2001 Page 234 damages for the fee simple title and drainage easement and acquisition of said real estate 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 and the drainage easement. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Supervising Attorney/Office Practice A copy of Exhibits "A" and "B" is filed with Resolution No. 2001-R0136. The City of Lubbock is in the process of acquiring right-of-way to construct a railroad spur into the north portion of the Lubbock International Airport. This railroad spur will exit the existing Burlington Northern Santa Fe (BNSF) tract which runs along the east side of I-27 north of FM 1294 (runs along the north side of the airport) and cross old Highway 87 and continue southward across the Gentry property for approximately 3,200 feet to FM 1294. From there it will cross the Texas A & M Experimental Station's property to the City's airport property. The total area to be acquired from the Gentry Estates is 7.721 acres, and the 50.00-foot wide drainage easement contains 0.3444 acres. Tommy Cantrell and Merle Blosser appraised this property and Dave Culberson of the Department of Commerce Economic Development Administration reviewed the appraisals. The 7.721-acre fee simple taking was valued at $5,400 for the land and $55,780 for the damages. The 0.3444-acre drainage easement was valued at $220. Therefore, our offer to the Gentry Estates is $61,400. This resolution also authorizes our Legal Department to institute condemnation proceedings if the offer is refused. The Right -of -Way Department recommended the approval of our offer to the Gentry Estates. Motion was made by Councilmember Morrison, seconded by Councilmember Hernandez to approve Resolution No. 2001-R0136 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (41.) Resolution No. 2001-R0112 authorizing the Mayor to execute a parking lot lease with Hub City Brewery, Inc. (1928 Texas Avenue). 234 Regular City Council Meeting April 12, 2001 Page 235 RESOLUTION NO. 2001-RO112 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease between the City of Lubbock and Hub City Brewery, Inc., and related documents. Said Lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease is filed with Resolution No. 2001-R0112. This lease agreement is for Luther Avitts of Hub City Brewery, Inc. to lease approximately 31 spaces of the City Health Department parking lot at the southwest corner of 19`' Street and Texas Avenue. Additional parking per zoning requirements is needed for customers of the restaurant and club during the evening and nighttime hours. This lease is for one year and the City will receive $116.25 per month for this lease. This has been calculated as follows: $15 per space (typical monthly downtown parking lot space rental rate) x 31 spaces = $465. Only 15 days of the month will parking occur on these spaces and they will be leased only 12 hours a day maximum. Therefore, $465 x lhmonth x 1/2 day = $116.25 due the City per month. The Right -of -Way Department recommended the approval of the lease. (42.) Resolution No. 2001-RO113 authorizing the Mayor to execute a street -use license with W. E. Medlock, Jr. for improvements in the street right-of-way of Avenue E (602 Broadway). RESOLUTION NO. 2001-RO113 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 associated documents with W. E. Medlock, Jr. for an outdoor patio area with landscaping and a brick fence. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 235 Regular City Council Meeting April 12, 2001 Page 236 Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2001-R0113. Mr. Medlock is in the process of renovating an office building at the northwest corner of Avenue E and Broadway for use as apartments. He plans to construct an outdoor patio area with landscaping and a brick fence on the east side of the building and in the right-of-way of Avenue E. The area to be used in Avenue E is 6 feet by 110 feet or 660 square feet. Mr. Medlock will be charged according to the street -use license as follows: 660 square feet x $2 per square foot = $1,320 x 10% = $132 per year. This license will be for 20 years, payable every five years in advance in the amount of $660.1 The Right -of -Way Department recommended the approval of the street - use license. (43.) Resolution No. 2001-RO114 to exercise the option on RFP #00-02 to purchase two additional 35-foot passenger buses for Citibus. RESOLUTION NO. 2001-R0014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a purchase order Agreement pursuant to RFP #00-02 approved by the City Council on November 27, 2000, for the purchase of additional buses by and between the NovaBus, Inc., and City of Lubbock and any associated documents; a copy of which purchase order Agreement is attached hereto, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. 236 Regular City Council Meeting April 12, 2001 Page 237 Passed by the City Council this 12th day of April , 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0114. On November 27, 2000, City Council awarded RFP #00-02 to NovaBus, Inc. for the purchase of three 35-foot NovaBus RTS-II buses at a total cost of $775,908. RFP #00-02 included an option to purchase two more buses at a cost of $258,636 each or a total cost of $517,272, for a total of five buses. Citibus would like to exercise that option at this time. The buses will be used for service at Texas Tech University. The original three vehicles were purchased with a Texas Department of Transportation (TxDOT) Section 5309 Capital Investment Program Funds grant in the amount of $778,146 (approved by City Council on October 26, 2000). On March 29, 2001, the Texas Department of Transportation Commission approved an allocation of $515,034 to the City of Lubbock/Citibus bus purchases. Citibus will bring the financial agreement before City Council for approval in May 2001. The $515,034 from TxDOT combined with funds left from TxDOT Contract #51105F-6066 will cover the cost of the two additional vehicles. Toll credits from the Texas Department of Transportation will allow for the funds to be used at 100%. No local match will be required. No additional funding will be needed from the City of Lubbock. Citibus recommended the approval to exercise the option to purchase two additional buses as stated in RFP #00-02. (44.) Resolution No. 2001-RO115 approving a Federal Transit Administration Section 5307 grant to provide operating, capital, and planning assistance for Citibus for FY 2001. RESOLUTION NO. 2001-RO115 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby ratifies and approves the application and execution for and on behalf of the City of Lubbock of a Federal Transit Administration Section 5307 Grant Agreement (Project #TX-90-X517-00) for Citibus operations by and between the City of Lubbock and the Federal Transit Administration by the General Manager of Citibus pursuant to the FTA's new electronic Grant program. A copy of said Grant Agreement and associated documents are attached hereto, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. 237 Regular City Council Meeting April 12, 2001 Page 238 Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0115. Citibus has electronically applied for a Federal Transit Administration Section 5307 Grant in the amount of $3,157,887. This is a routine grant that Citibus receives on an annual basis. The Lubbock Public Transit Advisory Board has approved the FTA Section 5307 grant and it has been incorporated into the FY 2001 budget that has been approved by City Council. This is also the first year that the Federal Transit Administration has required that grants be applied for, and executed, electronically which accounts for this item being brought before the City Council at such a late date. Due to the fact that this is the first year of electronically applying for and executing grants, the grant was unintentionally executed before it could be brought before the City Council. The funds from this grant will be used for operating assistance, the purchase of two paratransit vehicles, preventive maintenance, remodel of administrative offices and support equipment, planning, and passenger amenities including signage, shelters, and benches. Approval of this grant does not increase the cost to the City of Lubbock, as the required match has been included in the current year's budget. Citibus recommended the approval of the Federal Transit Administration Section 5307 Grant. (46.) Resolution No. 2001-RO116 authorizing the Mayor to execute a Federal Transit Administration FY 2001 Section 5309 Discretionary Grant for Citibus. RESOLUTION NO. 2001-RO116 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock by electronic means a Federal Transit Administration FY 2001 Section 5309 Discretionary Grant Agreement for Phase I of the Citibus/Texas Tech University Park and Ride lot by and between the City of Lubbock and the Federal Transit Administration, and any associated documents; a copy of which Grant Agreement is attached hereto, which Agreement shall be spread upon 238 Regular City Council Meeting April 12, 2001 Page 239 the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0116. The Federal Transit Administration has allocated $990,315 to The City of Lubbock/Citibus for a FY 2001 Section 5309 Discretionary Grant. The grant is to be used for Phase I of the Texas Tech University Park and Ride Lot. The lighted park and ride lot will have approximately 1500 parking spaces, bike racks, passenger amenities and a dedicated bus lane. Citibus will shuttle students, faculty, and visitors from the lot to the main campus for classes and special events, such as athletic events and concerts. The toll credits from the Texas Department of Transportation will allow for the Federal Transit Administration funds to be used at 100%, no local match will be required. The toll credits were approved at the February 22, 2001 City Council Meeting. New Federal Transit Administration regulations require that all grants must be applied for and executed electronically. Acceptance of the agreement will result in no additional cost to the City of Lubbock. Citibus recommended the approval of the resolution authorizing the Mayor to execute the Federal Transit Administration FY 2001 Section 5309 Discretionary Grant. (47.) Resolution No. 2001-RO117 authorizing the Mayor to execute a Federal Transit Administration Job Access and Reverse Commute Program Grant for Citibus. RESOLUTION NO. 2001-RO117 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock of a Federal Transit Administration Job Access and Reverse Commute Program Grant Agreement (Project #TX-37-X013- 00) by and between the City of Lubbock (Citibus) and the Federal Grant Administration to improve transportation services in Lubbock. A copy of said Grant Agreement and 239 Regular City Council Meeting April 12, 2001 Page 240 associated documents are attached hereto, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0117. The Federal Transit Administration has allocated $200,000 to The City of Lubbock/Citibus for a Job Access and Reverse Commute Program Grant. Due to new regulations by the Federal Transit Administration grants must be applied for and executed electronically. This grant was applied for electronically and must be executed electronically. This grant will fund projects to help Lubbock residents access jobs in areas of town that are currently not served or underserved by public transportation and to extend service hours for the evening service. The match required for this grant has already been included in the Citibus budget. Acceptance of this grant will result in no additional cost to the City of Lubbock. Citibus recommended the approval of the resolution authorizing the Mayor to execute Federal Transit Administration Job Access and Reverse Commute Program Grant. (48.) Consider a request from Charles Skibell to allow two islands in a public street in Tanglewood Terrace Addition, Lots 1-13. The Subdivision Regulations, Chapter 25 of the Code of Ordinances, allow islands in streets upon approval of the City Council. Mr. Skibell is proposing one cul-de-sac street subdivision at 24' and Slide Road. He is requesting two islands in this street, one at the cul-de- sac, and one at the entrance into this street from 24`' Street. Islands in the street are a concern unless responsibilities for ownership and maintenance are clearly understood. In this case, Mr. Skibell has clearly stated his intent to establish a Homeowner's Association that will own and maintain these two islands. However, the documents establishing the Homeowner's Association and their responsibilities have not been submitted to date. 240 Regular City Council Meeting April 12, 2001 Page 241 The staff recommended approval of this request for islands in this street, upon receiving documentation of the establishment of the Homeowner's Association with adequate provisions to ensure the ownership and maintenance of the islands will be placed on the Association. This documentation will be required prior to recording the final plat for this proposed new subdivision. (49.) Resolution No. 2001-RO118 authorizing acceptance of water and sanitary (Improvements for Lots 145— 194 Sunrise Estates Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO118 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 145-194, SUNRISE ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 145-194, Sunrise Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $174,622.06 with the improvements constructed by Utility Contractors of America having a value of $136,183.49 as determined by the unit prices established by said Chapter 28, and $4,607.27 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Sunrise Development and Construction Ltd. the developer, to receive a refund of $61,047.44 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $61,047.44 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel Chief Engineer, Water Utilities 241 Regular City Council Meeting April 12, 2001 Page 242 APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney, Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $174,622.06 and has a value of $136,183.49 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $4,607.27 that includes $0.00 for adjacent mains. The developer, Sunrise Development and Construction Ltd., will receive a refund of $61,047.44 in accordance with Chapter 28. There is no refund deposit. The subdivision is located at 109`h Street and Akron Avenue. Staff recommended acceptance of the improvements. (50.) Resolution No. 2001-RO119 authorizing the Mayor to execute a grant agreement and related documents for the PowerUP Grant for the Maggie Trejo Supercenter - Trejo Learning Lab. RESOLUTION NO. 2001-RO119 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with regard to providing additional computer lab services at the Maggie Trejo Supercenter by and between the City and PowerUp: Bridging the Digital Divide, Inc., a copy of which Agreement is attached hereto, and any associated documents, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tomm Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0119. Last year Council directed staff through your Lubbock City Council Goals/Strategies to Close the digital divide" by involving learning institutions and corporate sponsors." Staff immediately began to seek 242 Regular City Council Meeting April 12, 2001 Page 243 funding to accomplish this directive, and received CDBG funds to operate an existing computer learning lab at the Maggie Trejo Supercenter. After making necessary upgrades to the equipment and connecting to the Internet staff started classes in January 2001. To date, staff have enrolled 29 students from PreK-6th Grade. Twenty-one of the students successfully completed the beginning course. Staff are beginning the third set of classes. In August 2000 staff applied for grant funding from PowerUP: Bridging the Digital Divide, Inc. PowerUP is a charitable, not -for -profit corporation attempting to bridge the digital divide by ensuring that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. PowerUP uses technology to build skills and confidence in youth. PowerUP is based on the "Five Promises" identified by America's Promise. When consistently fulfilled, these promises significantly increase the chances that young people will reach adulthood successfully. Pursuant to the "Five Promises," every participant in the PowerUP program, shall have or receive: • An ongoing relationship with a caring adult; • Safe places and structured activities; • A healthy start; • Marketable skills through effective education; and, • An opportunity to give back through community service. PowerUP will be making all necessary wiring additions to accommodate up to 20 new computers along with Internet access and an online training program for students. In March of 2001 staff applied for an expanded level funding request from CDBG. Staff will relocate the existing computers from Trejo Learning Lab to the Mae Simmons Community Center. This will allow staff to establish the Simmons Learning Lab and provide the youth from the Dunbar/Manhattan Heights and Chatman Hill Neighborhoods with the same high quality computer training that exists in the Trejo Learning Lab. Staff recommended Council authorize the Mayor to sign the grant agreement and all related documents to accept all computers, associated equipment, improvements to facilities and software necessary to operate the Trejo Learning Lab as a part of the PowerUP: Bridging the Digital Divide partnership. (51.) BID #008-01/LR-Concrete-Annual Pricing — This bid establishes annual pricing for the purchase of concrete used for various street repairs on city streets. The bid specifications include an option to renew annually for up to two additional years upon mutual agreement of both parties. The low bid is $438,267.50 from Company of Lubbock, Texas and System budget amount. Transit Mix Concrete & Materials is within the Maintenance Street (52.) Resolution No. 2001-RO120/BID #030-01/LR-Furnish & Install Variable Frequency Drive (Water Utilities) and authorize same. 243 Regular City Council Meeting April 12, 2001 Page 244 RESOLUTION NO. 2001-R0120 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to furnish and install variable frequency drive, per ITB #030-01/LR, by and between the City of Lubbock and Brandon & Clark, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0120. This bid is for the purchase and installation of variable frequency drives at the Land Application Site pumping station. These drives are electrical devices designed to provide speed control for motors and should allow the operations personnel the flexibility of controlling the running speed of the effluent pumps. This will result in increased efficiency, more constant flow of water, and energy savings. The low bid is $45,851 from Brandon & Clark, Inc. of Lubbock, Texas and is within the Professional Services budget amount. (53.) Resolution No. 2001-110121/13I1) #039-01/RS Self -Contained Diesel Engine Street Sweeper (Fleet Services) and authorize same. RESOLUTION NO. 2001-R0121 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #039-01/RS for a self contained diesel engine street sweeper, by and between the City of Lubbock and STM Equipment of Arlington, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 244 Regular City Council Meeting April 12, 2001 Page 245 Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0121. This bid is for one self-contained diesel engine street sweeper for the Streets Department. The low bid is $146,648 from STM Equipment Arlington, Texas and is within the Streets Equipment -Capital Outlay budget amount. (54.) Resolution No. 2001-R0122; Resolution No. 2001-110123/13I1) #042- 01/RS—Two Wheel Drive Agriculture Tractor (Fleet Services) and authorize same. RESOLUTION NO. 2001-RO122 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #042-01/RS for a two wheel drive agriculture tractor, by and between the City of Lubbock and Abilene New Holland, Ltd., of Abilene, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 245 Regular City Council Meeting April 12, 2001 Page 246 APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0122. RESOLUTION NO. 2001-R0123 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #042-01/RS for a two wheel drive agriculture tractor, by and between the City of Lubbock and Western Implement Company of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0123. This bid is for one two -wheel drive 50 horsepower agriculture tractor for Solid Waste Department and one two -wheel drive 125 horsepower agriculture tractor for the Land Application Site. The low bids are from the following companies: Western Implement Company, of Lubbock, Texas $14,498 Abilene New Holland, Ltd., of Abilene, Texas $45,037 The low bids are within the Equipment Capital Outlay budget amounts. (55.) Resolution No. 2001-R0124/BID #043-01/RS-Pneumatic / Semi - Pneumatic Tired Forklift (Fleet Services) and authorize same. ►. � rel Regular City Council Meeting April 12, 2001 Page 247 RESOLUTION NO. 2001-R0124 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #043-01/RS for pneumatic/semi-pneumatic tired forklifts, by and between the City of Lubbock and Western Forklift & Supply of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0124. This bid is for one 6,000 pound forklift truck for the Aviation Department and one 9,000 pound forklift truck for the Water -Equipment Maintenance Department. The low bid is $48,696.50 from Western Forklift and Supply of Lubbock, Texas and is within the Equipment Capital Outlay -Heavy Moveable budget amount. (56.) Resolution No. 2001-R0125/BID #046-01/LR-Steam Sterilizer (Health Lab Services) and authorize same. RESOLUTION NO. 2001-R0125 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #046-01/LR for a steam sterilizer, by and between the City of Lubbock and Getinge/Castle, Inc. of Rochester, New York, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 247 Regular City Council Meeting April 12, 2001 Page 248 Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0125. This bid is for the purchase of an autoclave for the Health Department. Autoclaves are used to sterilize biological medial and biohazardous wastes (medical specimens, microbial cultures, contaminated material) using a pressurized steam process. The low bid is $48,260.35 from Getinge/Castle, Inc. of Rochester, New York and is within the General Capital Projects, Biohazard Containment budget amount. (56.) Resolution No. 2001-R0126/BID 058-01/RS-Rebuild Steinway Model D Concert Grand Piano (Civic Services) and authorize same. RESOLUTION NO. 2001-R0126 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #058-01/RS to rebuild a Steinway Model D Concert Grand Piano, by and between the City of Lubbock and Mollderg & Associates of Blanco, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager Regular City Council Meeting April 12, 2001 Page 249 APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R01226. This bid is for refurbishing a Steinway Model D Concert Grand Piano purchased in 1976 and in desperate need of rebuilding. The Lubbock Symphony Orchestra is the primary user of the piano. This rebuild will include a complete case restoration, repair loose and missing hardware, install new sound board and pin -block, refinish and repaint the surface, complete restringing, install new actions, install new keyboard, and provide for six service visits for the first year. The low bid is $37,827 from Mollberg & Associates of Blanco, Texas and is within the Equipment Capital Outlay -Grand Piano Replacement budget amount. (57.) Resolution No. 2001-R0127/BID #060-01/RS4500 kVA Pad Mount Transformer (Electric Distribution) and authorize same. RESOLUTION NO. 2001-R0127 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #060-01/RS for a 2500 kVA pad mount transformer, by and between the City of Lubbock and Temple, Inc. of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of said Purchase Order is filed with Resolution No. 2001-R0127. This bid is for eight 2500 kVA distribution type transformer pad mounted units that will be used to provide electrical service to various customers including Jones Stadium, Texas Tech Research Facility, Covenant Lakeside, and Plains Coop. 249 Regular City Council Meeting April 12, 2001 Page 250 Evaluation was based on the total owning cost of the unit over an assumed 20-year life span. The total evaluated cost was calculated by multiplying the core loss (in watts) by $5.60, multiplying the copper loss (in watts) by $1.70 and adding the two resulting numbers to the quoted unit price. The low evaluated cost shown on the tabsheet was from Temple, Inc. of Lubbock, Texas. The purchase price of $200,640 is within the System Capital Outlay -Distribution Transformer budget amount. (58.) Resolution No.R2001-0128/BID #065-01/LR-Airfield Signage and Transformer Vault Improvements at Lubbock International Airport (Aviation) and authorize same. RESOLUTION NO. 2001-RO128 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for airfield signage and transformer vault improvements at Lubbock International Airport, per ITB #065-01/LR, by and between the City of Lubbock and F & W Electrical Contractors, Inc. of Floresville, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of said Contract is filed with Resolution No. 2001-RO128. This project involves upgrading airfield guidance signage at Lubbock International Airport necessary to update certain signs on the airfield to meet FAA design standards. Upgrades will also be made to the electrical vault to accommodate additional loads on the airfield lighting system. Ninety percent of this project will be funded through an entitlement grant from the FAA Airport Improvement Program with a ten percent match from the Airport Passenger Facility Charge Program. The low bid is $111,000 from F & W Electrical Contractors, Inc. of Floresville, Texas and is within the Install Runway/Taxiway Guidance Signs budget amount. 250 Regular City Council Meeting April 12, 2001 Page 251 (60.) Resolution No. 2001-R0129/BID #087-01/RS4250 Gallon Pumper/75' Ladder Fire Truck (Fire Department) and authorize same. RESOLUTION NO. 2001-RO129 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #087-01/RS for a pumper/ladder fire truck, by and between the City of Lubbock and Houston -Galveston Area Council of Houston, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of said Purchase Order is filed with Resolution No. 2001-R0129. This purchase is made through the Houston -Galveston Area Council of Governments' (H-GAC) Cooperative Purchasing Program through provisions of the Interlocal Cooperation Act and City of Lubbock Resolution No. 4864 dated June 8, 1995. A 1250 gallon per minute pumper combined with a 75' ladder fire truck has been subjected to the competitive bid process and a contract awarded by H-GAC Board of Directors to DACO Fire Safety Equipment of Lubbock, Texas. The original equipment manufacturer is Emergency -One, Inc. of Ocala, Florida. This purchase will be for the normal replacement of a fire engine due to normal service life. The low bid is $546,548 from Houston -Galveston Area Council of Governments and is within the Public Safety -Capital Projects budget amount. Staff recommended award of each bid to the bidder as indicated on the -- tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. Next items considered were Items Nos. 33 and 36. 251 Regular City Council Meeting April 12, 2001 Page 252 ORDINANCES FOR PASSAGE (61.) ORDINANCE #2001-00018-Authorizing the City Council of the City of Lubbock to amend Chapter 4 of the Code of Ordinances of the City of Lubbock, Texas, with regard to tying dogs and other animals; providing for criminal penalties, providing a savings clause, and providing for publication (second and final reading). ORDINANCE NO. 2001-00018 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TYING DOGS AND OTHER ANIMALS; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Citizen Antonio DeLeon appeared before the Council and discussed his concerns about the present reading of the ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on second and final reading Ordinance No. 2001-00018 as recommended by staff and subject to the folowing amendment: "The term `unhealthy situations" shall include but not be limited to the following: To tether any animal in such a manner as to permit the animal access upon any public right-of-way. To tether any animal in such a manner as to cause the animal injury or pain or not to permit the animal to reach food, water or shelter. To tether any animal in such a manner as to permit the animal to leave the owner's property, to tether the animal in a manner whereby the animal is subject to harrassment, stinging bites from outdoor insects, attacks by other animals; to fail to remove waste from the tethered area on a daily basis or to use choke type collars to tether any animal. The use of a tether that is at least 10' in length that is equipped with swivel ends that is position in such a manner as to prevent the animal from becoming entangled with any obstruction from partially or totally jumping any fence or leaving any part of its owner's property and that is secured to the animal using a properly fitted collar or harness shall be a permissible means to tether the animal if said use does not otherwise violate this section. For purposes of this section, the term `tether' shall mean to chain, tie, fasten or otherwise secure an animal to a fixed point so that it can move or range only within certain limits." Motion carried: 7 Yeas, O Nays. (62.) ORDINANCE #2001-00026/ZONE CASE NO. 1750-H (Southwest Haven Addition on the northwest corner of Loop 289 and Utica Avenue): Request of Allyn Taylor (for ESA Management, Inc.) for a zoning change from C-2A to AM specific use for a hotel on tracts F, G and H (second and final reading). ORDINANCE NO.2001-00026 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1750-H; A ZONING CHANGE FROM C-2A TO AM SPECIFIC USE ZONING FOR A HOTEL ON TRACTS F, G AND H IN THE SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 252 Regular City Council Meeting April 12, 2001 Page 253 Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass on second and final reading Ordinance No. 2001-00026 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item No. 63. ADMINISTRATIVE SERVICES (62A.) Resolution No. 2001-RO137/BID #015-01/LR-Railroad Spur to Serve the Interport Trade Center (Aviation) and authorize same. RESOLUTION NO. 2001-RO137 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, subject to the acquisition of easements and right of way agreements that are necessary to begin construction, a Contract for a railroad spur to served the Interport Trade Center, per ITB #015-01/VK, by and between the City of Lubbock and Hulcher Services of Denton, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of said Contract is filed with Resolution No. 2001-R0137. This bid is for the construction of a railroad spur into the Interport Industrial Park at Lubbock International Airport. The construction will include the following: (1) 12,600 Feet of 115 Pound Rail (2) Engineered Rail Bed (3) 2 Grade Crossings at Public Streets (4) Accompanying Signage (5) 3 Asphalt Grade Crossings The purpose of the project is to extend rail services, as one component of the infrastructure development, into the airport's industrial park. This development is consistent with the master plan that has been approved by the Airport Board and City Council. 253 Regular City Council Meeting April 12, 2001 Page 254 The low bid is $1,009,321.80 from Hulcher Services of Denton, Texas and is within the EDA Rail Spur Advertising and Promotion budget amount. Staff recommended Council award of bid subject to acquisition of necessary right-of-way. Motion was made by Councilmember Morrison, seconded by Councilmember Patterson to approve revised Item 62A (Resolution No. 2001-R0137) as recommended by staff. Motion carried: 4 Yeas, 0 Nays. DEVELOPMENT SERVICES (63.) Resolution No. 2001-RO130 amending Resolution No. 6074 to provide for a new Interport Trade Center Brokerage Policy. RESOLUTION NO. 2001-0130 WHEREAS, the City of Lubbock adopted a policy in Resolution No. 6074 regarding land brokerage at Lubbock International Airport; and WHEREAS, the City of Lubbock Finds that there is a need to replace this policy regarding land brokerage for the Interport Trade Center at the Lubbock International Airport; and WHEREAS, the Airport Board of the City of Lubbock approved the new Interport Trade Center policy and recommended that the City Council approve the policy; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the City Council of the City of Lubbock hereby adopts and Resolution No. 6074 is amended by replacing the policy with a new brokerage policy for the land at Lubbock International Airport. Said policy is attached hereto and incorporated herein as if fully set forth in this resolution and shall be included in the minutes of the Council. Passed by the City Council this 12th of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of said Policy is filed with Resolution No. 2001-R0130. In late 1998, the City of Lubbock approved a brokerage policy for the Interport Trade Center project at Lubbock International Airport. 254 Regular City Council Meeting April 12, 2001 Page 255 Developed in cooperation with the Lubbock Commercial Realtors Association, the policy establishes a consistent and fair method of payment for any company that provides brokerage services to the airport. While the policy has generated a few local prospects, it has not created the level of activity that was expected. After a thorough review, staff made a recommendation to the Airport Board to consider restructuring the brokerage policy to allow the airport to enter into an exclusive agreement with a real estate firm with national and international marketing capabilities. The Airport Board approved the concept, and staff initiated negotiations with Staubach Global Services, Inc. The resulting agreement is presented in another item on this agenda. This resolution amends the Interport Trade Center Brokerage Policy to be consistent with the terms of the agreement with Staubach Global Services, Inc. The Airport Board has reviewed the policy and recommended approval. Staff also recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to approve Resolution No. 2001-2001-RO130 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (64.) Resolution No. 2001-RO131 authorizing the Mayor to execute an agreement with Staubach Global Services, Inc. for land brokerage services for Interport Trade Center at the Airport. RESOLUTION NO. 2001-RO131 WHEREAS, the City of Lubbock owns certain properties at the Lubbock International Airport known as the Interport Trade Center; and WHEREAS, the Airport Board of the City of Lubbock has recommended that the City retain an agent to assist the City in the selling or leasing of all or a portion of the Trade Center properties; and WHEREAS, the Airport Board has recommended that the City Council approve and authorize the Mayor to sign an exclusive brokerage agreement with Staubach Global Services, Inc.; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the Mayor of the City of Lubbock is authorized to execute an exclusive brokerage agreement with Staubach Global Services, Inc. for selling or leasing Trade Center properties at Lubbock International Airport. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 255 Regular City Council Meeting April 12, 2001 Page 256 APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney - Office Practice A copy of said Agreement is filed with Resolution No. 2001-R0131. In late 1998, the City of Lubbock approved a brokerage policy for the Interport Trade Center project at Lubbock International Airport. Developed in cooperation with the Lubbock Commercial Realtors Association, the policy establishes a consistent and fair method of payment for any company that provides brokerage services to the airport. While the policy has generated a few local prospects, it has not created the level of activity that was expected. After a thorough review, staff made a recommendation to the Airport Board to consider restructuring the brokerage policy to allow the airport to enter into an exclusive agreement with a real estate firm with national and international marketing capabilities. The Airport Board approved the concept, but recommended that any new agreement have provisions for the participation of cooperating brokers. Staff initiated discussions with Staubach Global Services, Inc. (SGS).SGS was selected for a number of reasons, including its world wide marketing capabilities, its recent successes in the Lubbock market (X-FAB), and its familiarity with handling airport properties. SGS was also attractive because it represents the Industrial Development arm of BNSF, the railroad company that will service Interport Trade Center's rail spur. A negotiating team made up of representatives from the airport staff, the Airport Board and the City Attorney's Office worked with SGS to develop an agreement with the following provisions: 1. Marketing Services-SGS will assign a project team consisting of two SGS representatives from the Dallas office that are familiar with the Lubbock market and one Lubbock -area broker under contract to SGS. Within 30 days of signing the agreement, SGS will survey the entire property. Based on surveys, existing appraisals and new appraisals, SGS will develop a pricing plan for every parcel on the airport. They will conduct a survey to determine target industries and businesses, and will develop a marketing plan to reach the targeted areas. During the term of the agreement, SGS will market the Interport Trade Center through their worldwide network of brokers and on their web site. 2. Term -One-year agreement, thereafter on a month -to -month basis. Termination on 30 days notice at the discretion of either party. 3. Fees -The only fees due to SGS for services under the agreement are commissions due on sales or leases. The City will pay SGS 6 % commission on the sale of property. In the event that there is a cooperating broker, City will pay 8 % and the fee will be evenly split between SGS and the cooperating broker. On leases, the 256 Regular City Council Meeting April 12, 2001 Page 257 City will pay an amount equivalent to one year's average rent in equal monthly payments over the first 24 months of the agreement. In the event that there is a cooperating broker, the City will pay an amount equivalent to 18 month's average rent in equal monthly payments over the first 24 months of the agreement. The payment schedule is structured to ensure that the City has no negative cash flow as a result of any transaction with SGS. The airport staff has coordinated with Market Lubbock, Inc. throughout the development of this agreement to ensure that it is compatible with the City's overall marketing plan. The Airport Board has reviewed the agreement and recommended approval. Staff also recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Resolution No. 2001-RO131 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (65.) Resolution No. 2001-RO132 authorizing the Mayor to execute a contract with Parkhill, Smith and Cooper, Inc., for engineering services for the South Lubbock Drainage Improvements Project. RESOLUTION NO. 2001-RO132 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services by and between City and Parkhill, Smith & Cooper, Inc., and any associated documents, a copy of which Agreement is attached hereto and which Agreement shall be spread upon the minutes of this 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 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, PE, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of said Agreement is filed with Resolution No. 2001-R0132. In response to the work session presentation on June 20, 2000, staff was given direction to proceed with a contract for the project plans, 257 Regular City Council Meeting April 12, 2001 Page 258 specifications, and estimates for the South Lubbock Drainage System. The contract between the City and Parkhill, Smith, and Cooper, Inc., will include engineering services for a gravity flow storm sewer that will drain Phil Hoel Lake, Lakeridge Lake North, Lakeridge Lake South, Guy Park Lake, McCullough Park Lake, Earl Crow Park Lake, and six lakes yet to be named. Highlights in the contract for the this project include: ➢ Six sets of plans, specifications, and estimates for various portions of the project allowing parts of the project to be bid in smaller pieces and as development occurs in the outlying lakes. ➢ One set of plans will include the trunk line on 98' Street between Indiana Avenue and University Avenue and will be consolidated with the Texas Department of Transportation's plan to reconstruct this portion of 98`h Street. This will be completed early to accelerate the construction of 98`h Street and to avoid the City having to come in a year later and tear up a large portion of this newly constructed thoroughfare. ➢ The contract includes necessary monitor well installation, groundwater testing, geotechnical information, surveying, and aerial mapping for the design of the project. ➢ The consultant will provide assistance in preparing the back-up technical information for the Section 404 Permit from the Corps of Engineers. ➢ Updated opinions of probable cost supplied every six months for the duration of the contract. The total contract amount for basic engineering and bid phase services is a not -to -exceed amount of $2,950,067. The contract also includes an option for supplemental services. The services will only be used as needed for additional coordination with the Corps of Engineers or for additional surveying if needed for right-of-way acquisition purposes. The cost of the supplemental services is a not -to -exceed amount of $410,421 for a possible total not -to -exceed amount of $3,360,000. Again, the supplemental services will not be used unless it is necessary. The basic contract is approximately 7.9 % of the estimated construction cost and if the supplemental items are needed that will bring the contract to approximately 8.9 % of the estimated construction cost. Staff feels that these cost are reasonable and that it would be within the reasonableness guidelines for a formula developed by the Texas Society of Professional Engineers for calculating engineering fees related to services for construction projects. Staff recommended approval of this contract. If approved, the one mile between Indiana Avenue and University Avenue will be complete by March 31, 2002, for TxDOT coordination. The remaining engineering should be completed by June 1, 2003, with a projected bid opening of August 31, 2003. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to approve Resolution No. 2001-R0132 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 258 Regular City Council Meeting April 12, 2001 Page 259 (66.) Resolution No. 2001-RO133 authorizing the Mayor to execute a General Warranty Deed from Lubbock Land Company, Two LTD, a Texas limited partnership, accepting ownership of Tract D, Summerfield Addition to the City of Lubbock, as a storm water detention basin. RESOLUTION NO. 2001-RO133 WHEREAS, Ordinance No. 2001-00009 (the "Ordinance"), passed on second reading February 8, 2001 by the City Council of the City of Lubbock, provides, among other things, that the City of Lubbock (the "City"), may take ownership of a stormwater detention basin in the event the City shall deem ownership advisable; and WHEREAS, Lubbock Land Company, Two LTD, a Texas limited partnership (the "Developer"), owns certain lands located in the City of Lubbock (the "Lands") that it desires to convey to the City pursuant to the Ordinance; and WHEREAS, the Developer has maintained the property for a period of sufficient time to satisfy the City Engineer and the City Council of the City of Lubbock that such property is acceptable for City ownership; and WHEREAS, the City Council of the City of Lubbock, Texas finds that accepting the Lands is in the best interest of the citizens of Lubbock. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is in the best interest of the citizens of the City of Lubbock that the City accept ownership of the Lands and 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 General Warranty Deed from Lubbock Land Company, Two LTD, a Texas limited partnership, as Grantor, to the City of Lubbock, as Grantee, evidencing the acceptance of ownership by the City of Lubbock, and any other related documents. Said General Warranty Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of April, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of said Deed is filed with Resolution No. 2001-R0133. In accordance with Ordinance No. 2001-0009, the City of Lubbock may take ownership of a storm water detention basin in the event the City deems the ownership is in the best interest of the public. Tract D, Summerfield Addition, lies adjacent to Earl Crow Park at approximately 88' Street and Boston Avenue. The lake in this area, 259 Regular City Council Meeting April 12, 2001 Page 260 Lake #86, serves the drainage needs of the adjacent developed properties and is part of the City's overall playa lake System G. The owner has provided all of the necessary documentation as required by the ordinance and the Playa Lake Development Policy including environmental assessment of the property. Staff has visited the site on several occasions and has requested additional work be done for erosion control. The owner has completed all of the required work and staff feels that the property is ready for acceptance and would meet the public's needs for a storm water detention basin. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve Resolution No. 2001-RO133 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (67.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Council member Patterson to appoint Alvin Chatman to the Appointments Advisory Board to replace Wanda Wesson. Motion carried: 7 Yeas, O Nays. (68.) Consider one appointment to the Community Development and Services Board. Motion was made by Councilmember Cooke, seconded by Council member Patterson to appoint Cheryl Isaacs to the Community Development and Services Board to replace Alberto Cardenas, Jr. Motion carried: 7 Yeas, 0 Nays. (69.) Consider one appointment to the Community Relations Commission. Motion was made by Councilmember Cooke, seconded by Council member Patterson to appoint Bobby Thomas to the Community Relations Commission to replace Walter Hibbler. Motion carried: 7 Yeas, 0 Nays. (70.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, Seconded by Council member Patterson to appoint Cecilia Carter to the Keep Lubbock Beautiful Advisory Committee to replace Winona Cope. Motion carried: 7 Yeas, 0 Nays. (71.) Consider three appointments to the Park and Recreation Board. Motion was made by Councilmember Cooke, Seconded by Council member Patterson to appoint Robert Narvaiz to replace Marciano Morales, Jr. and reappoint Bobbye Crawford and Phyllis Jones to the Park and Recreation Board. Motion carried: 7 Yeas, 0 Nays. (72.) Consider one appointment to the Urban Design and Historical Preservation Commission. Motion was made by Councilmember Cooke, Seconded by Council member Patterson to appoint Betty Wagner to replace James Goss to the Urban Design & Historical Preservation Commission. Motion carried: 7 Yeas, 0 Nays. ►.s Regular City Council Meeting April 12, 2001 Page 261 (72.) Consider two appointments to the Youth Commission -Students. Motion was made by Councilmember Cooke, Seconded by Council member Patterson to appoint Anita Gutierrez to replace Kristian Dominguez, and Victoria Sanchez to replace Jacklyn Palacios to the Youth Commission - Students. Motion carried: 7 Yeas, 0 Nays. 11:34 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION. 1:05 P.M. COUNCIL RECONVENED Next item to be considered was Item No. 41 Next item to be considered was Item No. 62A. 1:10 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tem Cooke adjourned the meeting. 4�1 Read and approved this D ' day of /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: Rebe ca Garza, City Secretary 261