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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/22/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 22, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 22nd day of May, 1997 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 8:00 A.M. Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Absent: None 8:00 A.M. CITY COUNCIL CONVENES City Council Chambers, 1625 13th Street, Lubbock, Texas First order of business was the group photograph session. Mayor Sitton stated the Council would be holding an Executive session in accordance with the V.T.C.A. Government Code. 8:10 A.M. CITY COUNCIL RECESSES TO EXECUTIVE SESSION City Council/City Manager's Conference Room ( 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 551.071 to discuss pending or contemplated litigation (Planning, Police, and Water Utilities). ( 3.) 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: Building Board of Appeals Board of Electrical Examiners Human Relations Commission Municipal Arts Committee Neighborhood Redevelopment Commission Park & Recreation Board Permit & License Appeals Board Public Transit Advisory Board Urban Design & Historic Preservation 9:30 A.M. WORK SESSION CONVENES Committee Room 103 (4.) Discuss regular agenda items. Items Number 13, 25, and 33 were deleted from the agenda. ( 5.) Representatives from Texas Tech made a presentation regarding the University's Master Plan. City Council Minutes May 22, 1997 Page 270 ( 6.) Discuss ordinance requiring Indiana Avenue to remain open as a public street between 19th Street and Clovis Highway (U.S. Highway 84). Councilmember Hernandez stated that an ordinance requiring Indiana Avenue to remain open as a public street between 19th Street and Clovis Highway would be placed on the June 12 agenda. ( 7.) Presentation on Revenue Manual and Rate Model Overview. Item not covered. ( 8.) Discuss legislative issues. Councilmember Nelson stated that all City of Lubbock legislative concerns were on the Governor's desk for signature. 11:15 A.M. CITY COUNCIL REGULAR MEETING RECONVENES City Council Chambers Mayor Sitton called the meeting to order at 11:15 A.M. ( 9.) The Invocation was given by Reverend Dawn Darwin, Second Baptist Church. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. Mayor Sitton presented a Special Recognition certificate to Southwest Airlines in recognition of their 20 years in service in Lubbock. Ernie Reece accepted on behalf of Southwest Airlines. BOARD APPOINTMENTS John Baker Mike Epps Alvin Chatman Winn Sikes Harold Womack CITIZEN APPEARANCES (11.) Presentation of update on activity of Board of Health, Richard 011er, Chairman. Rich 011er, Chair, Board of Health, was not in attendance. (12.) Presentation of Mayor Windy Sitton's portrait by artist Bo Pan. (13.) Presentation of Special Recognition regarding law enforcement efforts. This item was deleted from the agenda. 270 City Council Minutes May 22, 1997 Page 271 (13A.) Presentation on the 9-1-1 Upgrade by Ben Goodloe, Executive Director of Lubbock Emergency Communication District. CITIZEN COMMENTS Mikel Ward encouraged staff and city council to spend dollars in strict compliance with the budget as appropriated and encouraged City Council to leave dollars in citizen's pockets. Robert Brodkin addressed City Council as a resident of South Overton and concerns with a contractor, Greg Collier. Councilmember Hernandez requested for the complaints to come to him and he would follow up. Sally Brodkin presented a letter written by another resident, Andrew Schroder. Councilmember Cooke referenced the comments directed to Council and staff as to political pressure, responding that these comments are not true. Cooke also stated that he was not sure of the statement referencing the Collier family business. Councilmember Nelson questioned the practice of allowing documents to be read by someone other than the author. Also, a concern was noted as to a statement being made on innuendo and rumor versus fact. (14.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve the minutes of the May 8, 1997 Regular City Council Meeting with noted corrections. Motion carried: 7 Yeas, 0 Nays. (15.) Ordinance No. 9990 -- Abandon and close a portion of Avenue L lying between Lots 3 and 7, Block 8, William Tubbs Addition and Tract A, William Tubbs Addition to the City of Lubbock (310 Avenue L). ORDINANCE NO. 9990 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AVENUE L BETWEEN LOTS 3-7, BLOCK 8, WILLIAM TUBBS ADDITION, AND TRACT A, WILLIAM TUBBS ADDITION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance No. 9990 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (16.) Consider Resolution No. 5488 authorizing the Mayor to execute a Quitclaim Deed in favor of Christene D. Stiles (3401 37th Street). 271 City Council Minutes May 22, 1997 Page 272 RESOLUTION NO. 5488 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quitclaim Deed in favor of Christene D. Stiles, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Quitclaim Deed is filed with Resolution 5488. This resolution authorizes the Mayor to convey a 36.10 foot wide by 132.50 foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, Christene D. Stiles. The City is selling this 36.10 front foot wide strip of Indiana Avenue right-of- way to Mrs. Stiles for $5.00 for front foot or $185.50 total. The Right -of -Way agent recommended the approval of this Quitclaim Deed. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5488 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (17.) Consider Resolution No. 5489 authorizing the Mayor to execute a street use license with Luther Avitts (1802 Buddy Holly Avenue). 272 City Council Minutes May 22, 1997 Page 273 RESOLUTION NO.5489 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License with Luther Avitts, Jr., attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Street Use License is filed with Resolution 5489. This street -use license allows Mr. Avitts, as representative for himself, Kurt McMillan, Don Caldwell and Tony Greer, to erect three canopies, 12 street lamps, and 9 trees in the parkway of Buddy Holly Avenue and 18th Street from just north of 18th Street to 19th Street. The first canopy will be erected along Lots 1 and 2, Block 231 Original Town Addition, and will measure 3 feet x 104 feet. The second canopy will be erected along Lots 4-6, Block 231, and will measure 5 feet x 75 feet. The third canopy will be erected in the north Right -of -Way of 18th Street just east of Buddy Holly Avenue and measures 5 feet x 40 feet and is adjacent to Lot 10, Block 215. These three canopies total 887 square feet and the charge for them will be: 887 square feet x $2.00 per square foot x 75 per cent x 10 per cent = $133.05 per year according to the street -use license for aerial encroachments. This license will also allow 12 street lamps, 3 adjacent to Lots 9 and 10, Block 215, 4 adjacent to Lots 1-12, Block 231, and 5 adjacent to Lots 13-24, Block 230. Nine trees will be planted, 3 along the west side of Buddy Holly Avenue and 5 along the east side of Buddy Holly Avenue from just north of 18th Street to 19th Street. The charge for these 21 street encroachments will be: 21 x 4 square feet = 84 square feet total. 84 square feet x $2.00 per square foot x 10 per cent = $16.80 per year. Therefore, the total charge for these encroachments will be $16.80 + 133.05 = $149.85 per year or $749.25 for a five year period. This license will be for 20 years. 273 City Council Minutes May 22, 1997 Page 274 The Right -of -Way Department recommended the approval of this street -use -license. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5489 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (18.) Consider Resolution No. 5490 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Wedgewood South Addition, Lots 1-12 and Tract A. RESOLUTION NO.5490 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-12 and Tract "A", Wedgewood South Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following avenue: Vinton Avenue from the South lip line of 98th Street to the cul-de-sac 550.00 feet South of 98th Street, known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above -mentioned avenue was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned avenue BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 274 City Council Minutes May 22, 1997 Page 275 Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Vinton Avenue from 98th Street to the cul-de-sac 550 feet south. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5490 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (19.) Consider Resolution No. 5491 authorizing the Mayor to execute an amendment to the management agreement for Meadowbrook Golf Course. RESOLUTION NO. 5491 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 First Amendment to a Management Agreement by and between the City of Lubbock and Fore Star Golf, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 275 City Council Minutes May 22, 1997 Page 276 Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture and Leisure APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of First Amendment to Management Agreement is filed with Resolution 5491. On October 14, 1994, the City of Lubbock and Fore Star Golf, Inc. entered into a Management Agreement. The Management Agreement stipulated that Fore Star Golf make significant improvements to the golf course and golf facilities while binding the company for commitment of improvements with a $250,000 irrevocable letter of credit. Fore Star Golf has completed all of Phase 1 improvements and has requested that section 8.8 in the Management Agreement be amended as follows: "The letter of credit shall upon said full and complete performance of all Phase 1 Capital Improvements be delivered by City to manager for cancellation." Furthermore, Management Agreement with Fore Star Golf outlines Deposits to the Golf Course Fund on a daily basis. Fore Star Golf has requested that section 3.2 and Subsection 3.4(b) of Management Agreement be amended to allow for monthly deposits to Golf Course Fund. The amendment stipulates that, "On or before the tenth day of each month manager shall provide City a report summarizing Golfing Revenues for the previous month. On or before fifteenth day of each month an amount equal to all golfing revenues received by city or Manager will be deposited in the Deposit Account of Golf Course Fund". The change from daily deposits to monthly reporting and deposits will assist Manager and City in improved accountability. Amended process will enable City to review Golfing Revenues activity report and make any necessary inquires prior to deposits. City staff recommended that amendments to the Management Agreement with Fore Star Golf, Inc. be approved. 276 City Council Minutes May 22, 1997 Page 277 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5491 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (20.) Consider Resolution No. 5492 authorizing the Mayor to execute a Summer Food Service Program application and related documents with the Texas Department of Human Services. RESOLUTION NO. 5492 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 Summer Food Service Program Agreement funded by the Texas Department of Human Services, and all related documents attached hereto and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture and Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Summer Food Service Program Agreement is filed with Resolution 5492. The Parks and Recreation Department requested pass -through funds through the Texas Department of Human Services from the United States Department of Agriculture. The has participated in the Summer Food Program for the past seven years, serving approximately 230,000 meals to economically disadvantaged children. 277 City Council Minutes May 22, 1997 Page 278 The program provides a nutritional noon meal Monday through Friday for children ages 1 through 18. Program operates June 2, 1997 through August 8, 1997, inclusive. Any child is eligible to participate in the Summer Food Program. Program meal sites are Rodgers, Mae Simmons, Woods, and Rawlings Community Centers and Hollins, Burns, Pioneer, Chatman, Carlisle, Carter, and Clapp Parks. A daily average of more than 600 meals will be served at the 11 locations. Direct and indirect costs for the Summer Food Program are reimbursed through the $80,278 grant. Direct costs include the contract with the food vendor, consumable supplies, and salaries for food service personnel and is estimated to be $74,258. Indirect cost include program administration, personnel training, supplies and is estimated to be $6,020. Attached is the Summer Food Service Program Contract. There were two bidders for the food service portion of the program. The successful bidder was the Holiday Inn Civic Center, with a bid of $1.90 per meal. Marriott Management Services Corp. also bid on the program with a price of $2.08 per meal. Staff recommended contracting with the Department of Human Services to provide free summer lunches for children ages 1-18 at City sites. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5492 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (21.) Consider Resolution No. 5493 amending the 1996-97 Budget to include changes proposed in the 1996-97 Revised Budget. RESOLUTION NO.5493 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments, or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1996-1997 fiscal year revised budget of the City of Lubbock attached hereto as Exhibit A is hereby adopted and ordered filed with the appropriate authorities. 278 City Council Minutes May 22, 1997 Page 279 Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Financial Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section A copy of Exhibit A and the Revised Budget is filed with Resolution 5493. The revised budget process allows the City of Lubbock to review and if necessary adjust its operating revenues and expenses or program of services in response to changes in the economic condition, unanticipated demands, or community focus. With a little more than half the fiscal year behind us, Staff can more accurately project the resources required to complete the fiscal year. This process also provides Council with the opportunity for a preliminary look at how the City will end the fiscal year. The revised budget for 1996-97 reflects senior management's directive to departments for responding to changes in community needs or unanticipated demands within budgeted funds, wherever possible. Some of the increased demands provided for in the revised budget include: the addition of night personnel for the Municipal Court, the addition of two staff for Grants Accounting to manage nearly 60 grant funds, a benefits specialist to assist employees and retirees with their benefit plans, funding for the CDBG Sidewalk Loan Program, designation of funds to be set aside to accumulate funds over a period of time for needed renovations and security enhancements at Municipal Square, Civic Center and the Public Information Office Studio, funding for Traffic Signal Systems initial engineering, funding to address environmental compliance, 279 City Council Minutes May 22, 1997 Page 280 vehicle and computer replacement, a mobile command post for use by fire and police during emergencies and special events, and the balance of the funding estimated for the jail agreement with Lubbock County. Most of the increase in expenditures is offset by expenditure savings, or revenue increases. Similarly, the proposed addition of 12 positions is offset by the reduction of 15 positions. The public service officers were previously approved by Council as part of the grant approval for this program. Much of the decrease in head count is achieved through the privatization of Airport parking. Changes in head count are summarized below: Additional Municipal Court - Data Entry Operator 3 Accounting - Grants Accountant & Clerk 2 Animal Control - Animal Control Officer 1 Patrol (Grant funded) Public Service Officer 5 Self Insurance/Health - Benefits Specialist 1 Total Reductions 12 Health Lab Services - Administrative Assistant 1 Park Maintenance 3 Airport - Aviation Parking 11 Total 15 Net Increase/(Decrease) (3) Overall, the budget situation for the organization remains favorable. Staff continue to see a moderate increase in sales tax revenue. In addition, the recent renegotiation of the franchise agreement with Southwestern Bell is expected to yield the City an additional $300,000 in FY96-97, and an additional $600,000 on an annual basis. Other revenue gains are anticipated from increased Municipal Court fines, from traffic and parking meter violations, as well as failure -to -appear notices. General Fund Revenues Total General Fund revenues from operations are estimated to increase by $1,344,090. $800,000 increase in sales tax projections. Year-to-date receipts are trending at 10.5 per cent above budget. The projection is conservative and assumes a 4 per cent increase over budgeted sales tax revenue. Council may recall that at the time of last year's budget, the drought was anticipated to have a significant effect on consumer spending. As a result, staff projected sales tax revenue at the 1995-96 budgeted amount. $613,424 increase in charges for services, primarily due to Civic Lubbock Operations. All of the revenue gain from bringing Civic Lubbock Operations into the City is offset by additional expenses. City Council Minutes May 22, 1997 Page 281 $225,000 increase in fines and forfeitures due to increases in traffic, parking meter and failure -to -appear violations. Transfers from other funds Change in treatment of Airport support of the fire station located at the Airport resulted in a $608,065 increase in transfers from other funds, and an offsetting decrease in General Fund revenues. $16,720 increase in Hotel/Motel tax receipts due to allocation of prior year receipts for cultural arts activities. General Fund Expenditures A net reduction in operating expense of $368,606 is anticipated. Most of these savings are the result of vacancy savings in the Police Department, where six months' savings are captured for approximately 21 positions. These savings were partially offset by increases in the areas listed below. $119,000 for jail agreement with Lubbock County. $29,410 for computer equipment. $19,980 to pay for animal cages for Animal Field Services ordered, but not received prior to the end of Fiscal Year 1995-96. $7,000 in unanticipated utility costs at the new animal shelter. $25,236 to provide Municipal Court services in the evenings. The expense of the additional personnel in the current year, as well as the full year cost of the additional personnel ($66,714) is more than offset by the $225,000 increase in Municipal Court fine revenue. $38,906 for Grants Accounting staff to provide better controls for the City's grant funds. Recent audits by the state and federal departments of Criminal Justice recommended that the City add staff to take a more active in the overseeing of grant funds. Also, the City's external auditors have recommended for several years that staff be added to handle grant administration. Failure to add this staff could result in the loss of grant funds, and any findings or deficiencies must be reported as part of bond rating information and have the potential to negatively impact the City's bond rating. Transfers to capital project funds Approximately $1.8 million is allocated for the following capital projects: $50,000 for a pilot sidewalk repair program in the Heart of Lubbock Neighborhood. $471,000 for environmental compliance projects, including asbestos abatement of city buildings and environmental remediation. $740,833 to renovate the PIO Studio ($20,000), to upgrade the Civic Center to meet Fire Code standards ($86,000), and to establish a reserve for renovations for the Police Department at Municipal Square ($637,833). 281 City Council Minutes May 22, 1997 Page 282 $515,000 for the purchase of a mobile command post for emergency operations ($40,000), to continue upgrades of the traffic signal system ($400,000), to replace a bucket truck for Traffic Operations ($35,000), and to replace various outdated computer equipment in the Financial Services Division ($40,000). Electric Fund Electric revenues are expected to exceed budgeted levels by $3.7 million. Also, a $2.3 million savings is anticipated in fuel purchases. However, a major increase in the cost of purchased power as well as other cost increases over last year for the energy efficiency incentive rebate program, economic development and general fund infrastructure transfer offset the savings in gas purchases and new revenues. As a result, a decrease in the transfer for electric facilities and systems improvements reserve is required to make up the difference between the increases in production/operating costs and revenue. Staff is of the opinion that the position of the fund is sufficiently healthy to allow acquisition of new quarters for the LP&L building/customer service operations. Water Fund An $850,000 increase in revenues is projected, as well as an increase in expenditures, primarily additional electric costs to meet higher water pumpage expected during summer months, is projected. Additional operating expenses total $285,296. Also, the Water Utility will provide additional funding for four capital prof ects: $312,984 for the construction of a permit office and a paved parking lot addition at Lake Alan Henry; $1,206,000 in additional funds for the existing water rights capital projects; $50,000 for GIS base map construction; and $1,200,000 to upgrade water treatment filters. The difference between additional revenues and increased expenses is made up by a reducing transfer to water rate stabilization. Sewer Fund No increase is projected in Sewer Utility revenues. However, $222,118 in additional expenses for Water Reclamation activities is anticipated. Most of the budget increase is due to increased gas, electric, and solid waste disposal costs. Also, $126,800 is needed for an existing capital project that provides scheduled repairs and/or replacement of equipment at the Water Reclamation Plant. All of these additional expenses are funded by an offsetting reduction in the budgeted transfer to the sewer rate stabilization reserve. 282 City Council Minutes May 22, 1997 Page 283 Solid Waste Fund A $48,000 increase in revenue is projected for commercial collections due to an increase in the number of accounts and extra pick ups. However, commercial collection operating expenses are expected to exceed the approved budget by $70,000, due to unexpected fleet repair expenses and an increase in the number of customers. Finally, a $45,000 reduction in recycling revenue is expected due to a decrease in the price of recyclable commodities and a decrease in tonnage collected. In order to offset the gap between revenues and expenditures, a reduction in the budgeted transfer for post closure care of the landfill is recommended. Airport Fund Approximately $140,400 in current year budget savings will result from the privatization of Airport parking. This savings, combined with minor adjustments to other Airport revenues and expenses, will allow the Airport to transfer an additional $163,175 for Airport facilities and systems improvements in FY 1996-97. Internal Services Funds Minor changes primarily related to salary savings in the Information Services area. Also, funding is provided to maintain current hours of part-time Fleet personnel. These employees increase shop production and reduce vehicle down time. Capital Projects All new capital projects or revisions to existing capital projects are included in the attached Revised Budget document beginning on page 239. Most of the major, new capital projects are described in the discussion of the General Fund. Several projects or revisions to existing projects previously approved by Council (the Clapp Drainage Feasibility Study & Design, and additional funding for the City's portion of the 82nd Street/Frankford to West City Limits) are included. Other new or revised capital projects include: Replacement for the Fire Station Paging and Alarm System: $200,000; Multipurpose room for the Rodgers Community Center: $25,000; LP & L Fleet Replacement: $300,000; Airport Terminal Signage and Graphics: $113,900; and, Reconstruction of the Airport's North/South Runway: $6,810,100, funded by FAA & PFC. The Revised Budget for FY1996-97 provides an overview for planned spending for the balance of the fiscal year. Staff hope that it also reflects the thinking and policies of the City Council, and represents a program of services that meets the needs of the citizens of Lubbock. 283 City Council Minutes May 22, 1997 Page 284 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5493 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (22.) Consider Resolution No. 5494 authorizing the Mayor to execute an application for a State administered, Federally financed, three phase STEP Safe and Sober enforcement program, with emphasis on occupant protection and speed enforcement. RESOLUTION NO. 5494 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 Texas Highway Traffic Safety Program Grant Agreement, attached herewith, by and between the City of Lubbock and the State of Texas, Texas Department of Transportation, and any associated documents, for occupant protection selective traffic enforcement and speed enforcement projects, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of Agreement is filed with Resolution 5494. This is a grant program utilizing off duty personnel working overtime to enforce non-compliance of seat belt usage and speeding. Awards for this grant have been set beginning with the first wave period, May 21-27, 1997, upon approval of the Lubbock City Council. This is to be a 100 per cent funded grant in the amount of $10,000 to be administered in Fiscal Year 1996/97. The Police Department recommended the approval of this resolution approving the STEP Safe and Sober enforcement program grant. 284 City Council Minutes May 22, 1997 Page 285 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5494 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (23.) Consider Resolution No. 5495 authorizing the Mayor to execute an interlocal agreement with Frenship Independent School District for cooperative purchasing. RESOLUTION NO. 5495 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 for Cooperative Purchasing, attached herewith, by and between the City of Lubbock and Frenship Independent School District, and all future Interlocal Agreements for Cooperative Purchasing in substantially the same form as the attached Agreement, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution 5495. Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It has been proven when two or more entities coordinate some or all of their purchasing needs it is mutually beneficial to all the entities concerned. Local governments benefit in many ways. Some of the most common benefits are: Lower costs through increased volume. Lower (shared) administrative costs. Improved response from vendors. Shared experience leading to better product specification. Better compliance with state statues on purchasing. :-1 City Council Minutes May 22, 1997 Page 286 VTCA Government Code Chapter 791 - Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and Frenship Independent School District (FISD) desire to cooperate on selected governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is more strict and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and FISD will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this Interlocal Agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. Staff recommended approval of the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5495 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (24.) Bid #97095 - Paving of Avenue B from loth Street to Main Street (Street/Drainage Engineering) RESOLUTION NO.5496 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, attached herewith, by and between the City of Lubbock and Williams & Peters Construction Company, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Paving of Avenue B from loth Street to Main Street, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. City Council Minutes May 22, 1997 Page 287 Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § WINDY SITTON, MAYOR THIS AGREEMENT, made and entered into this 22nd day of May, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Williams & Peters Construction Co., Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #97095-PAVING OF AVENUE B FROM 1 OTH STREET TO MAIN STREET - $23,947.50 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 287 City Council Minutes May 22, 1997 Page 288 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Betty L. Williams CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Williams & Peters Construction Co., Inc. By: /s/ Dean Williams PRINTED NAME: Dean Williams TITLE: President COMPLETE ADDRESS: Williams & Peters Construction Co., Inc. P. O. Box 3907 Lubbock, Texas 79424 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve Resolution No. 5496 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Bid #97102 - Natural Gas Boiler Fuel - Annual Pricing (Electric Production) This item was deleted from the agenda. (26.) Bid #97115 - LM 2500 Turbine Nozzles (Electric Production) Stewart & Stevenson Technical Services, Inc. $46,864.00 Greenwich Air Services $50,268.60 General Electric $52,742.38 Staff recommended award of this bid to the bidder as indicated on the tab sheet. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) Ordinance No. 9991 -- Zone Case No. 2793 (1501 E. Ursuline): Hold a public hearing to consider request of Ed Bucy, (for Joe Greenlee) for zoning change from R-1 to IDP on 18.4 acres of land out of Section 7, Block A. I :: City Council Minutes May 22, 1997 Page 289 ORDINANCE NO.9991 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2793 A ZONING CHANGE FROM R-1 TO IDP ZONING ON 18.4 ACRES OF LAND OUT OF SECTION 7, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:05 p.m. Ed Bucy appeared on behalf of Joe Greenlee to present the zone change from R-1 to IDP. No one appeared in opposition. Mayor Sitton closed the hearing at 12:07 p.m. Ed Bucy, Right of Way Agent, presented staff comments. The Lubbock Fire Department is proposing a fire station, a training facility, and administrative offices at the corner of Ursuline and Martin Luther King Boulevard. The facility will be a low impact activity and the principal outside activity, a training tower, will be on the north side of the parcel away from the residential development south of Ursuline. Adjacent land uses: North - vacant South - zoned residential East - Martin Luther King Blvd. West - vacant The request is consistent with zoning policy and the Comprehensive Land Use Plan. The Plan illustrates this square mile as industrial park, primarily because of the influence of the Lubbock International Airport to the north. The Fire Chief attended a neighborhood meeting and explained the project. No negative comments were made at that meeting. No citizens appeared during the Planning Commission meeting. The project should have little or no effect on traffic. Access will be from Martin Luther King Boulevard. The Zoning Code requires a screening fence along Ursuline unless the Planning Commission determines that a fence does not serve the public interest. With a campus style of development, the Planning Commission agreed with a staff assumption that the neighbors to the south may prefer to not look at a fence. The Planning staff recommended a waiver, no comment has been available from the residents on the south side of Ursuline. The Planning and Zoning Commission recommended approval of the request subject to one condition: The screening fence along Ursuline may be deleted. The staff supported the recommendation of the Planning and Zoning Commission. :E City Council Minutes May 22, 1997 Page 290 Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Ordinance No. 9991 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince stepped away from the dais. (28.) Ordinance No. 9992 -- Zone Case No. 1713-B (5503 Brownfield Highway): Hold a public hearing to consider request of Wilkerson Investment Co. for zoning change from C-3 to IHC on Tract E of Lot 1-B, Block 1, Westmoreland Addition. ORDINANCE NO.9992 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1713-13: A ZONING CHANGE FROM C-3 TO IHC, ZONING ON TRACT E OF LOT 1-B, BLOCK 1, WESTMORELAND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:08 p.m. David Wilkerson appeared on behalf of Wilkerson Investment Co. to present the zone change from C-3 to IHC. No one appeared in opposition. Mayor Sitton closed the hearing at 12:09 p.m. Randy Henson, Senior Planner, presented staff comments. Two cases, 1713-B and 1999-G, were filed separately, each requesting the same zoning change. The lots are next to each other on the Brownfield Highway west of Chicago. The request is Interstate Commercial. The 1713-B parcel is currently zoned C-3 while the 1999-G parcel was zoned C-4 Specific Use for Paddles and Sails. Adjacent land uses: North - Brownfield Highway South - residential East - commercial West - commercial (IHC) The parcels along Brownfield Highway and 4th Street are within the path of the East-West Freeway. The Planning Department has scheduled, proposed within the next 18 months, a review of land uses and a future comprehensive zone change to accommodate the freeway. The current thinking is to use the experience of the I-27 Corridor Study for the East-West Freeway, and to use Interstate Commercial as the dominant commercial district along the regional facility. Several previous cases have been processed using this logic, including the next parcel west. The change is in agreement with the Comprehensive Land Use Plan in that heavier commercial zoning should be adjacent to state and regional thoroughfares. The proposed changes should have little effect on traffic. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning and Zoning Commission. 290 City Council Minutes May 22, 1997 Page 291 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Ordinance No. 9992 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (29.) Ordinance No. 9993 -- Zone Case No. 1999-G (5505 Brownfield Highway): Hold a public hearing to consider request of Robert Ready (for Ready Auto Sales) for zoning change from C-4 Specific Use to IHC on Tract F of Lot 1-B, Block 1, Westmoreland Addition. ORDINANCE NO.9993 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1999-G: A ZONING CHANGE FROM C-4 SPECIFIC USE TO IHC, ZONING ON TRACT F OF LOT 1-13, BLOCK 1, WESTMORELAND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:08 p.m. Robert Ready appeared on behalf of Ready Auto Sales to present the zone change from C-4 Specific Use to IHC. No one appeared in opposition. Mayor Sitton closed the hearing at 12:09 p.m. Randy Henson, Senior Planner, presented staff comments. Two cases, 1713-B and 1999-G, were filed separately - each requesting the same zoning change. The lots are next to each other on the Brownfield Highway west of Chicago. The request is Interstate Commercial. The 1713-B parcel is currently zoned C-3 while the 1999-G parcel was zoned C-4 Specific Use for Paddles and Sails. Adjacent land uses: North - Brownfield Highway South - residential East - commercial West - commercial (IHC) The parcels along Brownfield Highway and 4th Street are within the path of the East-West Freeway. The Planning Department has scheduled, proposed within the next 18 months, a review of land uses and a future comprehensive zone change to accommodate the freeway. The current thinking is to use the experience of the I-27 Corridor Study for the East-West Freeway, and to use Interstate Commercial as the dominant commercial district along the regional facility. Several previous cases have been processed using this logic, including the next parcel west. The change is in agreement with the Comprehensive Land Use Plan in that heavier commercial zoning should be adjacent to state and regional thoroughfares. The proposed changes should have little effect on traffic. The Planning and Zoning Commission recommended approval of the request. The staff supported the recommendation of the Planning and Zoning Commission. 291 City Council Minutes May 22, 1997 Page 292 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Ordinance No. 9993 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (30.) Ordinance No. 9994 -- Zone Case No. 1771-B (5155 Aberdeen): Hold a public hearing to consider request of John Hartsfield for zoning change from C-2 to C-4 limited to trailer/truck rental, moving supply sales and all permitted C-2 uses on Lots 8, 98, and 99, Buster Long Addition. ORDINANCE NO.9994 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1771-13: A ZONING CHANGE FROM C-2 TO C-4 LIMITED TO TRAILER/TRUCK RENTAL, MOVING SUPPLY SALES AND ALL PERMITTED C-2 USES, ZONING ON LOTS 8, 98 AND 99, BUSTER LONG ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:11 PM. John Hartsfield appeared on behalf of himself to present the zone change from C-2 to C-4 limited to trailer/truck rental, moving supply sales and all permitted C-2 uses. No one appeared in opposition. Mayor Sitton closed the hearing at 12:12 p.m. Randy Henson, Senior Planner, presented staff comments. The request is to accommodate one C-4 use and continue the existing C-2 zoning. Adjacent land uses: North - commercial South - commercial East - commercial West - apartment zoning The request is not entirely consistent with the Comprehensive Land Use Plan in that C-4 is preferred adjacent to major state and regional thoroughfares. In the alternative, the request is for only one C-4 permitted use with conditions limiting impact on the adjacent area. The proponent has proposed a condition limiting the number of rental units on the lot to four trucks and four trailers, parked in accordance with a site plan. The primary function of the business will be sale or rental of moving related accessories (boxes, pads, packing, etc.). His intention is to provide a satellite station for the main lot on Brownfield Highway. With the proposed conditions, the proposal does not violate any zoning policies and should have little or no effect on traffic in the area. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: Limited to trailer/truck rental, moving supply sales and all permitted C-2 uses, and Limited to a maximum storage of four trucks and four trailers. 292 City Council Minutes May 22, 1997 Page 293 Tied to site plan 1771-B as presented to the Planning and Zoning Commission and signed by the Chairman on May 1, 1997. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Ordinance No. 9994 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (31.) Consider Resolution No. 5497 authorizing the Mayor execute a sales contract with Joseph Mahony Greenlee Jr., Mary Paula Greenlee Barber, Raleigh Royall Ross, and Lucy Riddle Ross Owen for a tract of land in Section 7, Block A, Lubbock County (Northwest corner of East Ursuline and Martin Luther King Jr. , Blvd.) Approval of this is contingent upon approval of Zone Case No. 2793. RESOLUTION NO. 5497 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 construction of a Fire Station, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 18.673 acre tract of land in Section 7, Block A, T.T. Railroad Company Survey, Lubbock County, Texas, being a portion of that tract of land described in Volume 3242, Page 60 of the Real Property Records of Lubbock County, Texas, and further described as follows: Beginning at a 1/2" iron rod with cap set for the Southwest corner of this tract in the North right-of-way line of East Ursuline Street from whence a railroad spike found at the Southeast corner of said Section 7 bears S 0°19'20" E a distance of 30.0 feet and N 89°40'40" E a distance of 850.6 feet; Thence N 0°25'30" W a distance of 1000.0 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; Thence N 89°40'40" E a distance of 800.0 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract in the West right-of-way line of Martin Luther King, Jr. Boulevard; Thence S 02°09'00" E, along said right-of-way line, a distance of 595.8 feet to a 1/2" iron rod found at the beginning of a curve to the right having a radius of 5t674.58 feet; Thence Southerly, along said right-of-way line and said curve to the right, having a chord bearing of S 01°17'35" E a chord distance of 170.84 feet to a 1/2" iron rod found at the end of said curve to the right; 293 City Council Minutes May 22, 1997 Page 294 Thence South 0°25'30" E, along said right-of-way line, a distance of 218.7 feet to a 1/2" iron rod with cap set at the beginning of a curve to the right having a radius of 15.0 feet; Thence Southwesterly, along said right-of-way line and said curve to the right, having a chord bearing of S 44°37'40" W and a chord distance of 21.24 feet to a cross on concrete set for the end of said curve to the right; Thence S 89°40'40" W, along the North right-of-way line of East Ursuline Street, a distance of 805.5 feet to the Place of Beginning. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the purchase of the above described real property for the sum of $224,076.00. SECTION 3. THAT if the above Contract of Sale is not executed by the Owners of the above described property, such owners being Joseph Mahoney Greenlee, Jr., Mary Paula Greenlee Barber, Raleigh Royall Ross, and Lucy Riddle Ross Owen, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for the public purposes and municipal purposes as aforesaid. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract of Sale is filed with Resolution 5497. Over the last few months, the Fire Department has been looking for a new site for their training center and fire station. They need approximately 20 acres and a location in northeast Lubbock near I- 27 and Martin Luther King Jr., Blvd. This new site which is located at the northwest corner of Martin Luther King Jr., Blvd. and East Ursuline measures approximately 800 feet east -to -west and 1,000 feet north -to -south and contains approximately 18.6 acres. The owners of this tract, Joseph Mahoney Greenlee Jr., Mary Paula Greenlee Barber, Raleigh Royall Ross, and Lucy Riddle Ross Owen have signed a sales contract to sell the City this tract of land for $12,000 per acre or 27.5¢ per square foot. Land sale comparables in this area along MLK Jr. Blvd. are as follows: 294 City Council Minutes May 22, 1997 Page 295 Southwest corner of MLK and Regis - 6.95 acres at 52¢ per. square foot, southeast corner of MLK and Regis - 5 acres at 79¢ per. square foot, southeast corner of MLK and East Ursuline (across MLK from the subject site) 20 acres at 62¢ per square foot, northwest corner of Loop 289 and MLK - 4.12 acres at 480 per square foot and 7 acres at the southwest corner of Loop 289 and MLK (listed) - 65¢ per square foot. The zone change for this tract of land was approved May 1 and the City will close on this property by the end of May. Chief Hailey has met with the neighborhood group to answer their questions. No negative comments were received. The Right -of -Way Department recommended the approval of this sales contract. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass Resolution No. 5497 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (32.) Consider Resolution No. 5498 authorizing the Mayor to execute a contract with Delta Airport Consultants, Inc. for engineering services on the design, preparation of specifications, bid documents, and supervision of improvements at Lubbock International Airport. RESOLUTION NO. 5498 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Delta Airport Consultants, Inc. for professional engineering services for the design, preparation of specifications, bid documents and supervision of improvements at Lubbock International Airport, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ H. David Jones for Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 295 City Council Minutes May 22, 1997 Page 296 A copy of the Agreement is filed with Resolution 5498. Several years ago Runway 17R-35L at Lubbock International Airport began to show signs of pavement failure in the form of cracking in a fifty foot wide section along the runway's entire length. Through the years, several attempts were made to stop the progress of the cracking, with little effect. The cracking has now reached the point that will require total reconstruction of the center section of the runway. This agenda item will authorize the Mayor to execute an agreement to provide design services for the reconstruction project. This project will be funded by a grant from the Federal Aviation Administration. Accordingly, the selection of the consulting engineer was accomplished through a competitive, qualifications - based selection process in compliance with FAA regulations. Through the selection process consulting engineers were selected for seven separate projects that will be over the next five years. As the time for the construction of each project approaches, staff will negotiate an agreement with the firm that was determined through the selection process to be the best qualified to do the work. Once an agreement is reached, the contract will be placed before the Airport Board and then the City Council for review and final approval. A detailed description of the selection process and the firms selected for each project can be found in the attached memo titled "Engineering Firm Selection". This is the first of the engineering contracts that is being recommended under this process. Others will follow in the coming weeks. The firm that was selected for this project is Delta Airport Consultants, an engineering company that specializes in airport projects. Delta has offices in Charlotte, North Carolina, Richmond, Virginia, and will open a new office in Irving, Texas this Spring. Through the selection process, Delta was determined to be the best qualified and most experienced firm on multi -phased projects. They showed the ability to design flexibility into a project so that it has the least possible impact on airport and airline operations. It was also determined that they had the most success of any of the competing firms at designing a project that maximizes the opportunity for federal grant participation. This agreement covers basic and additional services for the Preliminary, Design and Bidding phases of the project. Once the scope and phasing of the project are determined through the design process, an addendum to the agreement will be submitted to cover Construction Observation and Resident Project Engineering Services. The estimated construction cost for this project is $6.85 million The proposed fees for work under this agreement are outlined below: 296 City Council Minutes May 22, 1997 Page 297 Design Service Payment Basis Fee Preliminary Design Lump Sum $323,060 and Bidding Phases Reimbursable Cost Plus Fixed Fee $134,557 and Additional Not to Exceed Services Total $457,617 In accordance with FAA requirements, an independent fee analysis was conducted by the City Engineer. The analysis indicated that the fee proposed by Delta was within the norm for a project of this scope and complexity. As a cross check, the Department of Aviation compared the proposed fees to a model developed by the Federal Aviation Administration. This analysis also showed that the proposed fees are well within the acceptable range. In addition, Delta far exceeded the City's DBE goal for federal contracts with 22 per cent of the total dollar amount of the contract going to DBE owned firms. The Airport Board has reviewed both the consultant selection process and this agreement, and recommended approval. Staff also recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5498 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (33.) Consider a resolution authorizing the Mayor to execute a subordination agreement on behalf of David Wayne Messick and Whisperwood National Bank on a Deed of Trust under the HOME Entitlement Program Motion for continuance made by Councilmember Ince, seconded by Councilmember Cooke to continue as recommended by staff. Motion carried: 7 Yeas, 0 Nays (34.) Consider Resolution No.5499 giving Notice of Intent to enter into a tax abatement agreement with Chapparal Graphics Group, Inc. RESOLUTION NO.5499. WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Chaparral Graphics Group, Inc., and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: 297 City Council Minutes May 22, 1997 Page 298 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Chaparral Graphics Group, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in City of Lubbock, Lubbock County, Texas, and further described as follows: LOT 2, BLOCK 11, CRAWFORD INDUSTRIAL ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FURTHER DESCRIBED AS FOLLOWS: BEGINNING at the Southwest corner of Lot 2, Block 11, Crawford Industrial Addition, to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 350.00 feet to a 5/8" iron rod set for the Northwest corner of this tract; THENCE East a distance of 271.50 feet to a 5/8" iron rod set for the Northeast corner of this tract; THENCE South a distance of 350.00 feet to a 1/2" iron rod found, in the North right-of- way line of East 66th Street, for the Southeast corner of this tract; THENCE West, along the North right-of-way line of East 66th Street, a distance of 271.50 feet to the Point of Beginning. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution 5499. Staff have received a request from Chapparal Graphics Group, Inc. for industrial tax abatement in the South Enterprise Zone. Chapparal plans to expand their existing facility at 921 E. 66th Street. WN City Council Minutes May 22, 1997 Page 299 Chapparal plans to invest a total of $1.44 million in the expansion. The breakdown will be $102,625 for the expansion of the existing facility, the remaining $1.34 million for machinery and equipment. The recommended abatement is 5 years at a declining schedule. The abatement amount for the is: Year 1 100 per cent $7,667 Year 2 80 per cent $5,569 Year 3 60 per cent $3,986 Year 4 40 per cent $2,536 Year 5 20 per cent $1,211 The total City abatement over the life of the contract is $20,969. The total County abatement for this project over the life of the contract will be approximately $10,047. Chapparal Graphics currently employs 26 persons at their present location and plans to increase employment by 15 persons with the new expansion. The payroll generated by the new jobs is approximately $376,960 annually. The total cost per new job for this abatement, if approved, will be $1,398 for the City, and $670 for the county. The total combined per job cost is $2,068. The project will add $1.44 million in new value to the tax base in the South Enterprise Zone and will result in the creation of 15 new jobs. Under the current guidelines, Chapparal is eligible and meets all the criteria for tax abatement. Staff recommended approval of the tax abatement for a period of five years with declining schedule of 20 per cent each year. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass Resolution No. 5499 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Patterson recused himself. (35.) Consider Resolution No. 5500 authorizing the Mayor to execute a contract with Kimley-Horn and Associates, Inc. for Engineering Services for a Computerized Traffic Control System Upgrade Design. 299 City Council Minutes May 22, 1997 Page 300 RESOLUTION NO.5500 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 Engineering Services for Computerized Traffic Control System, attached herewith, by and between the City of Lubbock and Kimley-Horn and Associates, Inc., and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Standard Agreement is filed with Resolution 5500. Kimley-Horn and Associates, Inc. was selected out of four firms submitting proposals in response to RFP #13341 in September 1995 and a contract was awarded by City Council in February 1996. Kimley-Horn completed the study phase of the contract for the Computerized Traffic Control System Upgrade in September 1996. The results of this study were presented to the Transportation Policy Committee in October 1996 and then to the City Council at a work session in December 1996. This design contract is a follow up to the Study and will allow the City to proceed with the orderly replacement and upgrade of the existing computerized traffic control system that is near the end of its useful life and has no replacement parts for some key elements. 300 City Council Minutes May 22, 1997 Page 301 The study contract was primarily funded with federal funds through the Lubbock Metropolitan Planning Organization (MPO) and required utilizing a standard MPO contract. The design phase contract will be completely City funded under capital project #930- 9296 and does not require a federal contract or MPO involvement, thus the need for a new contract. The original RFP included language allowing the City to use the same consultant for the design phase of the project. The Study had to be completed before the scope of services for the design phase could be adequately identified. The design contract with Kimley-Horn and Associates, Inc. is for a lump sum amount of $95,137 and a not to exceed hourly plus reimbursable of $72,879 for a total of $168,016. The contract is split into these two methods because there are several items on which the City will need the consultant's advice but only minimal services, and they are provided at hourly rates plus expenses. It is anticipated that not all this portion of the contract funding will need to be spent. The time frame for the majority of the contract will be within the next 9 months with periodic involvement during the procurement of the software, computer and communications hardware, and the intersection controller and signal replacements and modifications during the next 2-3 years. Available funding for the Computerized Signal System Upgrade project is $260,000 with an additional $400,000 scheduled for approval at the revised budget. Total project funding anticipated over the next 5 years is $4,548,900 for all improvements outlined in the Study. Based on the excellent performance during the Study Phase of this project and a reasonably priced proposal, staff recommended that the same consultant, Kimley-Horn and Associates, Inc. of Dallas, Texas be awarded the design contract. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5500 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (36.) Consider a resolution authorizing the City Manager to amend the 1996-97 Budget by transferring funds from General Fund Undesignated/Unreserved Fund balance to an Internal Service Capital Project for interim financing of the Telecommunication System. This item was deleted prior to the posting of the agenda. (37.) Consider Resolution No. 5501 authorizing the Mayor to execute a contract with WilTel for the Telecommunications System. 301 City Council Minutes May 22, 1997 Page 302 RESOLUTION NO.5501 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 Telecommunications System, attached herewith, by and between the City of Lubbock and Wi1Tel, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the contract is filed with Resolution 5501. The issued Request for Proposal (RFP) #13572 dated April 25, 1996 for a telecommunications system. The RFP incorporated requirements from the , Lubbock County, and the Lubbock Emergency Communications District (LECD). The purpose of the RFP process is to obtain a telecommunications environment capable of integration with existing and future communication needs of the City, County, and LECD. Four proposals were received from three vendors. Southwestern Bell submitted two proposals, Ericsson submitted a proposal, and Williams Telecommunications Systems, Inc. (Wi1Te1) submitted a proposal. The proposals were evaluated based on the evaluation criteria as specified in the RFP. The evaluation criteria are as follows: 35% - Ability to address the functional specifications 25% - Ability to provide technical knowledge and support 5% - Ability to provide support and training necessary 10% - Vendor qualifications 25% - Total proposed cost 302 City Council Minutes May 22, 1997 Page 303 Four separate committees were formed to evaluate the proposals based on functionality, technical, vendor qualifications, and cost. The two Southwestern Bell proposals were eliminated in the functional committee due to low evaluation ratings. The required evaluation score was not obtained as specified in the RFP. The ratings are as follows: TOTAL EVALUATION RATING MINIMUM RATING REQUIRED ERICSSON WILTEL SWB OPTION A SWB OPTION B FUNCTIONAL 35 28 31 33 24 23 TECHNICAL 25 20 20 24 SUPPORT 5 4 4 4 QUALIFICATIONS 10 8 8 9 COST 25 20 25 25 TOTAL 100 80 J 88 95 MIN. NOT MET MIN. NOT MET The proposed telecommunications system will cost $955,510.73. Operating costs will be reduced by approximately $165,000 per year and the City will avoid an additional $483,000 in costs over the next five years. Major enhancements to the City's telecommunications environment include voice mail, telephony capabilities, alternate path routing, multiple long distance providers, utilization tracking and call detail. One issue with the new system is the necessity to change from the City's 767 prefix to a new prefix. This is a requirement due to technology limitations at some Southwestern Bell service locations. The implementation of the telecommunications system is scheduled to be completed within six months of contract signing. Lubbock County is expected to contract separately with Wi1Te1 for a similar system that is estimated to cost $459,877. Information Services provided support to the County for their telecommunications system configuration. Based on the evaluation committee ratings, vendor discussions and negotiations conducted under the high technology procurement procedures, award of a contract is recommended to WilTel. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5501 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Confirm appointment of Wanda Wesson and Connie Blosser to the Appointments Advisory Board. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Wanda Wesson and Connie Blosser to the Appointments Advisory Board. Motion carried: 7 Yeas; 0 Nays. 303 City Council Minutes May 22, 1997 Page 304 (39.) Confirm appointment of Melba Richards to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Melba Richards to the Neighborhood Redevelopment Commission Motion carried: 7 Yeas; 0 Nays. (40.) Confirm appointment of Dr. J. Davis Armistead to the Board of Health. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Dr. J. Davis Armistead to the Board of Health Motion carried: 7 Yeas; 0 Nays. (41.) Confirm appointment of Marjorie Manning to the Structural Standards Commission. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Marjorie Manning to the Structural Standards Commission. Motion carried: 7 Yeas; 0 Nays. (42.) Confirm reappointments of Ruben Reyes and Carroll Stephens to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Ruben Reyes and Carroll Stephens to the Zoning Board of Adjustments. Motion carried: 7 Yeas; 0 Nays. (43.) Confirm appointment of Sara Stalcup to the Committee for Women. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Sara Stalcup to the Committee for Women. Motion carried: 7 Yeas; 0 Nays. (44.) Confirm appointment of Gail Kring and Tony Whitehead, and reappointment of Judi Blakey to the Electric Utility Board. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Gail Kring and Tony Whitehead and reappointment of Judi Blakey to the Electric Utility Board. Motion carried: 7 Yeas; 0 Nays. (45.) Confirm appointment of Tom Mullen and Anthony Looney to the Community Development and Services Board. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Tom Mullen and Anthony Looney to the Community Development and Services Board. Motion carried: 7 Yeas; 0 Nays. The citizens referenced above were selected for service during the City Council meetings on April 24, 1997, and May 8, 1997 . They have all been contacted and have agreed to serve. 304 City Council Minutes May 22, 1997 Page 305 12:32 P.M. COUNCIL RECESSES TO EXECUTIVE SESSION City Council recessed to return to Executive session, in accordance with the V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Building Board of Appeals Board of Electrical Examiners Human Relations Commission Municipal Arts Committee Neighborhood Redevelopment Commission Park and Recreation Board Permit & License Appeals Board Public Transit Advisory Board Urban Design & Historic Preservation 2:00 P.M. COUNCIL RECONVENES REGULAR CITY COUNCIL MEETING The City Council reconvened the regular meeting. There being no further business to come before Council, Councilmember Neugebauer made a motion to adjourn, Councilmember Nelson seconded the motion. Motion carried: 4 Yeas; 0 Nays. Councilmembers Cooke, Hernandez, and Patterson were absent. r WINDY SITTUN, MAYOR ATTEST: Kay I Darnell, City Secretary Read and approved this oV. zW of g--ItA , 1997. WINDY SITTO , MAYOR ATTEST: h4kk-j'-.1 Kayl Darnell, City Secretary 305