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Home My WebLink AboutMinutes - City Council - Regular - 9/25/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 25, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of September, 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 T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Absent: Councilmember Victor Hernandez and Councilmember Randy Neugebauer. 8:00 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Mayor Sitton stated the Council would be holding an executive session, in accordance with the V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager); pending or contemplated litigation (Electric Utilities, Parks and Recreation, Police Department, Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Streets Engineering). 8:05 A.M. CITY COUNCIL RECESSED 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(1)(A) to discuss pending or contemplated litigation (Police Department, 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: Airport Board Community Development and Services Board Committee for Women Finance Subcommittee of Citizens Advisory Committee for Capital Improvements Projects (CIP) Human Relations Commission Keep Lubbock Beautiful Advisory Committee Permit and License Appeals Board Public Transit Advisory Board Structural Standards Commission ( 4.) 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 (Electric Utilities). 143 City Council Meeting September 25, 1997 Page 144 9:30 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Discuss regular agenda items. Delete Items No. 15, 46, and 47. Item No. 34 will be continued until future council meeting. Items No. 25, 44, and 45 were deleted prior to City Council Meeting. ( 6.) Discussion of the Clapp Park Alternatives Analysis presented by Paul McMillen, Project Manager for Parkhill, Smith & Cooper, and Larry Hertel and Marsha Hensley, City Staff. This item was not discussed 10:48 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Mayor Sitton called the meeting to order at 10:48 A.M. (7.) The Invocation was given by Reverend D. A. Smith, Smith Temple Church. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. Board of Electrical Examiners Receiving: Ron Reeves Human Relations Commission Receiving: Paula Finney Receiving: Paul Florez ( 9.) Presentation of update on activity of Park and Recreation Board by Renee Underwood, Chair The Park and Recreation Board provides a balanced recreation and open - space program for the City of Lubbock, including planning, construction, and maintenance of all parks, buildings, and facilities. The program is planned, organized and supervised by the Parks and Recreation Department. (10.) Presentation of 1997-98 Civic Lubbock, Inc. Budget by Murray Hensley, President. The agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. prepare and present to the City Council a budget for the upcoming year. This budget is not presented for City Council approval per se, but rather for information and comment. Effective October 1, 1996 Civic Lubbock, Inc. was restructured and the agreement between the City of Lubbock and Civic Lubbock, Inc. revised. The concessions and computerized ticketing operations, which had previously been handled by Civic Lubbock, Inc., were transferred to the City of Lubbock, and the sponsoring and co -sponsoring of events 144 City Council Minutes September 25, 1997 Page 145 was transferred to METTS. The revised agreement grants Civic Lubbock, Inc. the license to handle all alcoholic beverage sales with the Civic Center and Auditorium -Coliseum complex. The commission percentage paid to the City was also reduced from 30 % to 20 %. The profits from the sale of alcoholic beverages go toward public art programs. Key components of the 1997-98 Budget are as follows: Estimated commissions are $55,594. This represents an 81 % increase over the revised estimate for 1996/97. FY 1996/97 saw a reduction in alcohol related events, largely in part to downtime experienced during the Civic Center renovation and the reduced number of events where alcohol can be sold at the Auditorium -Coliseum. Entertainment events tend to be cyclical, so estimates for 1997-98 are based upon an anticipated increase in concerts and entertainment events for next fiscal year. While Civic Lubbock, Inc. negotiated a contract to sell beer at the Cricket Games, that contract was for the 1997 season. Since a contract has not been discussed for the 1998 season, staff have not included revenues/expenditures for that project in the 1997-98 budget. Net profit from the sale of alcoholic beverages concessions is anticipated to be $15,707. Since Civic Lubbock, Inc. originally contracted for the Broadway Series, they will continue with that contract for the next two years. This budget reflects a profit from the Broadway series of $30,000. Net profit for FY 1997-98 that will go toward public art programs is estimated to be $45,707. Civic Lubbock, Inc. is in the process of commissioning two public art pieces from two well known local artists. The cost of these pieces will be approximately $200,000 and the funds to commission these pieces are coming from their reserves. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the promotion or co -promotion of educational and/or cultural programs with an emphasis on public art programs. In addition, Civic Lubbock, Inc. contributes to reducing the cost of operations of the Civic Center and Auditorium -Coliseum through the commissions paid to the City. The 1997-98 Budget for Civic Lubbock, Inc. was presented to City Council for their information and comment. (11.) Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Award to the City of Lubbock for its 1996-97 Budget. Mary Ross, Finance Director for the City of Bellair, presented GFOA's Distinguished Budget Presentation Award to the City of Lubbock for its 1996-97 budget. Ms. Ross is currently the South Representative on the Government Finance Officers Association of Texas (GFOAT) Board of Directors and the Texas State Representative to GFOA National. 145 City Council Minutes September 25, 1997 Page 146 Mayor Windy Sitton introduced and called Ms. Ross to the podium. Ms. Ross explained the significance of the award and presented the award to Mayor Sitton, who accepted on behalf of the City. Mayor Sitton then asked Anna Mosqueda to come forward. Anna introduced the Budget staff. The award is the highest form of recognition in governmental budgeting and represents a significant achievement by the organization. The award reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the City of Lubbock had to satisfy nationally recognized guidelines for effective budget presentation. Budget documents must be rated "proficient" in all four of the following categories to receive the award: a policy document; a financial plan; an operations guide; and a communication device. The City of Lubbock is one of the 78 cities receiving the award out of the 1,156 eligible. The award is valid for a period of one year and must be applied for during each fiscal year. With receipt of this award, it will be the twelfth year the City of Lubbock Budget and Research Department has received this award. Five citizens expressed comments to the council. They were: Cecil Puryear Mikel Ward Sherry McClure R. B. Terrell Noel Loveless Councilmember Nelson gave his Top 10 Positive Things About Lubbock list. CONSENT AGENDA (Items No. 12-14, No. 16-24, and No. 26-31) (12.) Approval of the minutes of the Regular City Council Meetings of August 28, 1997 and September 11, 1997. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve the minutes of the August 28, 1997 and September 11, 1997 Regular City Council Meetings as written. Motion carried: 5 Yeas, 0 Nays. (13.) Consider the 1997-98 budget for Omnimax Theater. Each year in September, the Omnimax Theater budget is presented to the Council as a matter of information. The City of Lubbock does have a vested interest in the continued successful operation of the Science Spectrum. Article 5, Section 14 of the Land Acquisition and Management Agreement between the City of Lubbock and Science Spectrum requires the Science Spectrum to present its annual budget for the Exhibition Hall/Auditorium for approval. 146 City Council Minutes September 25, 1997 Page 147 The Science Spectrum makes monthly payments totaling $200,000 annually as well as submitting monthly attendance reports. The Science Spectrum has met its payment schedule to the City of Lubbock. Included as back-up is a letter to the City Council from Science Spectrum President Sandy Henry along with the operating budget estimates and goals and objectives for the Omnimax Theater for 1997- 98. Scott Cherry, CPA for Science Spectrum, was available to answer any questions Council might have. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass the 1997-98 Budget for Omnimax Theater as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (14.) Consider Resolution No. 5632 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 1997-98 use of in -kind services by City of Lubbock Departments for special event support. RESOLUTION NO, 5632 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Council hereby approves the recommendations of the Parks and Recreation Board for Special Event Applications for in -kind services, 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 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Director of Culture and Leisure Services APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Recommendation is filed with Resolution 5632. At the January 9, 1997 City Council Meeting, the City Council approved Ordinance No. 9965 amending Chapter 2 of the Code of Ordinances of the City of Lubbock with regard to the duties of the Parks and 147 City Council Minutes September 25, 1997 Page 148 Recreation Board. The ordinance pertains to special/community events; adopting guidelines and forms for special/community events. City staff conducted several training sessions for local non-profit and civic organizations to familiarize them with the special events policy and the grant process. The Park Board then rated the grant applications for in - kind City services, and the Board approved the recommendations on June 24, 1997. The Park and Recreation Board recommended the following Special Event Applications for the in -kind services: 4th on Broadway $55,228.00 Lights On Broadway 9,762.00 Tumbleweed Tourney 1,127.00 Buddy Holly Festival 44,182.00 WalkAmerica 1,092.00 Walktoberfest 430.00 Menudazo 2,413.00 Fiestas 12,959.00 Jazz In The Park 85.00 This is a total of $127,278 of in -kind services that will be provided to these groups through the City of Lubbock. The Park and Recreation Board reviewed nine applicants totaling $127,278 and found the above special events fit the criteria of the Special Events Procedures and Guidelines as approved by City Council on January 9, 1997. The City of Lubbock will budget $200,000 each fiscal year for City in - kind services. Budgeted funds not spent will not roll into following fiscal year. Budgeted dollars will be applied in the following manner: $180,000 for all events applying by application deadline; $20,000 for new events that are scheduled within the funding fiscal year but are not planned prior to the application deadline. 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. Staff recommended approving the nine recipients for the in -kind services to be provided through the Special Events Policy adopted by City Council. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5632 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (15.) Consider a resolution authorizing the Mayor to sign a reciprocal parking easement agreement with H. A. Sessions for parking areas located at Frankford Business Park and McAlister Park northwest of 57th and Frankford. This item was deleted in work session. (16.) Consider Resolution No. 5633 authorizing the Mayor to execute a street monitor well permit with Townsend -Strong, Inc. for use of a city street (2902 Slide Road). City Council Minutes September 25, 1997 Page 149 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/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Townsend -Strong Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September, 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 Monitor Well Permit is filed with Resolution 5633. This permit allows Townsend-Strong's engineering representative, Daniel B. Stephens & Associates, Inc., to drill two monitor wells in the north and south parkway of 29th Street, just west of Slide Road. These wells will give Townsend -Strong a means of checking possible water pollution which has occurred from previously leaking underground fuel tanks at the Chevron Service Station at 2901 Slide Road, directly across the street on the east side of Slide. The Texas Natural Resource Conservation Commission has asked them to go off -site with these monitor wells. The City will receive $200 per year for these wells. This permit is for twenty years, payable every five years in advance. The Right -of -Way Department recommended the approval of this monitor well permit. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5633 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (17•) Consider Ordinance No. 10016 abandoning and closing a portion of 66th Street located in Section 36, Block A-K, Lubbock County (5920 66th Street). 149 City Council Minutes September 25, 1997 Page 150 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH STREET LOCATED IN SECTION 36, BLOCK AK, 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. This ordinance abandons and closes a portion of 66th Street just east of Homestead Avenue on the north side of the Street. 66th Street was originally dedicated as an 80-foot wide street. However, it has been designated as a 64 foot wide collector street. That leaves a total of sixteen feet of excess right-of-way (eight feet on each side of the street) the City does not need. Lot 11, Spur 327 Business Park is being platted at the northeast corner of Homestead Avenue and 66th Street. Along with this plat they are closing the north 8 feet of 66th Street. This area being closed measures approximately 8 feet wide by 235 feet in length and contains 1,960.2 square feet. The proponent of this closure is Lubbock Development, Inc., and all utilities are in agreement. The Right -of -Way Department recommended approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10016 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (18.) Consider Resolution No. 5634 authorizing the Right -of -Way Department to make an offer to Nancy Bacon Snow and the Nancy Bacon Snow 1988 Trust for a tract of land in Section 29, Block AK, Lubbock County for 82nd Street Right -of -Way (6110 82nd Street). RESOLUTION NO, 5634 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 purposes and public purposes and use, to -wit: for the widening of West 82nd Street, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such 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: METES AND BOUNDS DESCRIPTION of a 1.06 acre tract located in Section 29, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North right-of-way line of 82nd Street for the Southeast corner Quarter East a distance of 55.00 feet from the Southwest corner of the Southeast of Section 29, Block AK; 150 City Council Minutes September 25, 1997 Page 151 THENCE North 87°33'37" West, along the North right-of-way line of 82nd Street a distance of 1320.88 feet to a 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE North 02°24'09" East a distance of 35.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE South 87°33'37" East a distance of 1320.91 feet to a 1/2" iron rod with cap set in the West right-of-way line of Iola Street for the Northeast corner of this tract; THENCE South 02°26'43" West, along the West right-of-way line of Iola Street a distance of 35.00 feet to the Point of Beginning. SECTION 2. THAT the owners of said tract, including NANCY BACON SNOW, NANCY BACON SNOW TRUSTEE, and NANCY BACON SNOW 1988 TRUST, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $32,300.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of September, 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 This 1.06 acre tract of land is one of four tracts of land being acquired for the west 82nd Street widening project. This 1.06 acre tract measures 35 feet in width and 1,320 feet in length and is located just west of Iola Avenue adjacent to the north side of 82nd Street. This right-of-way purchase will be used for a drainage channel to be constructed from Iola Avenue westward to just west of Milwaukee Avenue. The Nancy Bacon Snow 1988 Trust is the owner of this property and our offer to her for this 1.06 (46,173.6 square feet) acre tract of land is $32,300. Tommy Cantrell, M.A.I., appraised this property from land sale comparables in this area. He utilized small acreage tract sales which valued this property at $0.70 per square foot or $32,300 for the 46,173.6 square feet. This resolution also authorizes the City's Legal Department to institute eminent domain proceedings if the City's offer is refused. 151 City Council Minutes September 25, 1997 Page 152 The Right -of -Way Department recommended our offer to the Nancy Bacon Snow 1988 Trust. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5634 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (19.) Consider Resolution No. 5635 authorizing the Right -of -Way Department to make an offer to John C. Bacon, Trustee of the John C. Bacon Children Trust, Nancy Bacon Snow, individually and as trustee of the Nancy Bacon Snow Children Trust, Patricia M. Bacon, individually and as custodian for John Franklin Bacon, a minor, under the Texas Uniform Gifts Minors Act; and Charles R. Bacon, John C. Bacon, and Nancy Bacon Snow, all independent co- executors of the Estate of Alton G. Bacon, Deceased, for a drainage easement in Section 30, Block AK, Lubbock County (6602 82nd Street). Its 'NE91 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 public purposes and municipal purposes, to -wit: a permanent drainage easement, 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 the easement in, upon, over, under, along and across 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 a permanent drainage easement in, upon, over, under, along and across 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: METES AND BOUNDS DESCRIPTION of a 0.37 acre tract located in Section 30, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Southwest corner of this tract which bears North 87033'37" West a distance of 524.18 feet and North 02021'05" East a distance of 90.00 feet from the Southeast corner of Section 30, Block AK; THENCE North 02°21'05" East a distance of 325.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE South 87°33'37" East a distance of 50.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE South 02°21'05" West a distance of 325.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract; THENCE North 87°33'37" West a distance of 50.00 feet to the Point of Beginning. 152 City Council Minutes September 25, 1997 Page 153 SECTION 2. THAT the owners of said tract, including JOHN C. BACON, trustee of the JOHN C. BACON CHILDREN TRUST; NANCY BACON SNOW, individually and as trustee of the NANCY BACON SNOW CHILDREN TRUST; PATRICIA M. BACON, individually and as custodian for JOHN FRANKLIN BACON, a minor, under the Texas Uniform Gifts to Minors Act; and CHARLES R. BACON, JOHN C. BACON and NANCY BACON SNOW, all independent co- executors of the Estate of Afton G. Bacon, Deceased, BE offered through the Right -of - Way Department of the City of Lubbock the amount of $6,285.00, which is the amount appraised as the value and total damages for the easement hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of September, 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 This 0.37 acre tract is needed for a north -south drainage easement in conjunction with our West 82nd Street widening project. This 0.37 acre tract of land measures 50 feet in width by 325 feet in length and is located north of 82nd Street and 524 feet west of Milwaukee Avenue. This drainage easement will take the high water from the drainage channel along the north side of West 82nd Street northward into a playa lake. The owners of this tract of land are Charles R. Bacon, John C. Bacon, Nancy Bacon Snow and Patricia M. Bacon, and our offer to them for this 0.37 acre (16,117.2 square feet) easement is $6,285. Tommy Cantrell, M.A.I., appraised this property from land sale comparables in the adjacent area. After reviewing small acreage tract sales, he valued this tract of land at $0.39 per square foot or 60% of fee simple value for an offer of $6,285 for the easement. This resolution also authorizes the City's Legal Department to institute eminent domain proceedings if the City's offer is refused. The Right -of -Way Department recommended our offer to the Bacons. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5635 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 153 City Council Minutes September 25, 1997 Page 154 (20.) Consider Resolution No. 5636 authorizing the Right -of -Way Department to make an offer to John C. Bacon, Trustee of the John C. Bacon Children Trust, Nancy Bacon Snow, individually and as trustee of the Nancy Bacon Snow Children Trust, Patricia M. Bacon, individually and as custodian for John Franklin Bacon, a minor, under the Texas Uniform Gifts Minors Act; and Charles R. Bacon, John C. Bacon, and Nancy Bacon Snow, all independent co- executors of the Estate of Alton G. Bacon, Deceased, for a tract of land in Section 30, Block AK, Lubbock County for 82nd Street Right -of -Way (6510 82nd Street). 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 purposes and public purposes and use, to -wit: for the widening of West 82nd Street, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such 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: METES AND BOUNDS DESCRIPTION of a 0.42 acre tract located in Section 30, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North right-of-way line of 82nd Street and the East line of Section 30, Block AK for the Southeast corner of this tract which bears North 02°21' 28" East a distance of 55.00 feet from the Southeast corner of Section 30, Block AK; THENCE North 87°33'37" West, along the North right-of-way line of 82nd Street a distance of 524.18 feet to a 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE North 02°21'05" East a distance of 35.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE South 87°33'37" East a distance of 524.19 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE South 02°21'28" West, along the East line of Section 30, Block AK a distance of 35.00 feet to the Point of Beginning. SECTION 2. THAT the owners of said tract, including JOHN C. BACON, trustee of the JOHN C. BACON CHILDREN TRUST; NANCY BACON SNOW, individually and as trustee of the NANCY BACON SNOW CHILDREN TRUST; PATRICIA M. BACON, individually and as custodian for JOHN FRANKLIN BACON, a minor, under the Texas Uniform Gifts To Minors Act; and CHARLES R. BACON, JOHN C. BACON and NANCY BACON SNOW, all independent co- executors of the Estate of Afton G. Bacon, Deceased, BE offered through the Right -of - Way Department of the City of Lubbock the amount of $11,900.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of 154 City Council Minutes September 25, 1997 Page 155 Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of September, 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 This 0.42 acre tract of land is a tract of land being acquired for the West 82nd Street widening project. This 0.42 acre tract measures 35 feet in width by 524 feet in length and is located just west of Milwaukee Avenue adjacent to the north side of 82nd Street. This land purchase will be used for a drainage channel to be constructed from Iola Avenue westward to just west of Milwaukee Avenue. The owners of this tract of land are Charles R. Bacon, John C. Bacon, Nancy Bacon Snow and Patricia M. Bacon, and our offer to them for this 0.42 acre (18,295.2 square feet) tract of land is $11,900. Tommy Cantrell, M.A.I., appraised this property from land sale comparables in this area. Mr. Cantrell used small acreage tract sales which indicated a market value for this property at $0.65 per square foot or $11,900 for the 18,295.2 square feet. This resolution also authorizes the City's Legal Department to institute eminent domain proceedings if the City's offer is refused. The Right -of -Way Department recommended our offer to the Bacons. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5636 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (21.) Consider Resolution No. 5637 authorizing the Right -of -Way Department to make an offer to John C. Bacon and the John C. Bacon 1988 Trust for a tract of land in Section 29, Block AK, Lubbock County for 82nd Street Right -of -Way (6310 82nd Street). 155 City Council Minutes September 25, 1997 Page 156 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 purposes and public purposes and use, to -wit: for the widening of West 82nd Street, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such 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: METES AND BOUNDS DESCRIPTION of a 1.06 acre tract located in Section 29, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North right-of-way line of 82nd Street and the West line of Section 29, Block AK for the Southwest corner of this tract which bears North 02°21'28" East a distance of 55.00 feet from the Southwest corner of Section 29, Block AK; THENCE North 02°21'28" East, along the West line of Section 29, Block AK a distance of 35.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE South 87°33'37" East a distance of 1320.92 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE South 02°24'09" West a distance of 35.00 feet to a 1/2" iron rod with cap set in the North right-of-way line of 82nd Street for the Southeast corner of this tract; THENCE North 87033'37" West, along the North right-of-way line of 82nd Street a distance of 1320.89 feet to the Point of Beginning. SECTION 2. THAT the owners of said tract, including JOHN C. BACON, JOHN C. BACON TRUSTEE, and the JOHN C. BACON 1988 TRUST, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $32,300.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. 156 City Council Minutes September 25, 1997 Page 157 Passed by the City Council this 25th day of September, 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 This 1.06 acre tract of land is another tract of land needed for the West 82nd Street widening project. This 1.06 acre tract of land measures 35- feet in width and 1321 feet in length and is located just east of Milwaukee Avenue adjacent to the north side of 82nd Street. This Right -of -Way acquisition will be used for a drainage channel to be constructed from Iola Avenue westward to just west of Milwaukee Avenue. The John C. Bacon 1988 Trust is the owner of this tract of land containing 1.06 acres (46,173.6 square feet), and our offer to him is $32,300. Tommy Cantrell, M.A.I., appraised this property using land sale comparables in this area. He used small acreage land tract sales which valued this property at $0.70 per square foot or $32,300 for the 46,173.6 square feet. This resolution also authorizes the City's Legal Department to institute eminent domain proceedings if the City's offer is refused. The Right -of -Way Department recommended our offer to John C. Bacon. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5637 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (22.) Consider Resolution No. constructed by Lone Star Villas Addition, Lots 42-57. 5638 accepting paving improvements Dirt and Paving, Inc. in Shadow Hills 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 42-57, Shadow Hills Villas Addition, made arrangements with Lone Star Dirt & Paving for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Chapter prior to the recording of the subdivision plat of the above -mentioned Addition, including the following avenue: 157 City Council Minutes September 25, 1997 Page 158 Grover Avenue from the North lip line of 3rd Street to the South lip line of 2nd Street, known and designated as New Subdivision Sub -Unit Number 82 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. Passed by the City Council this 25th day of September, 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: Grover Avenue from 3rd Street to 2nd Street. 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. 5638 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (23.) Consider Resolution No. 5639 authorizing the Mayor to execute a grant agreement for federal assistance with the Federal Aviation Administration in funding the reconstruction of Runway 17L/35R. 158 City Council Minutes September 25, 1997 Page 159 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 Grant Agreement for Federal Assistance, in substantially the form of the Agreement, attached herewith, by and between the City of Lubbock and the Federal Aviation Administration for funding the reconstruction of Runway 17L/35R, 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. Passed by the City Council this 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ H. David Jones H. David Jones for Mark N. Earle, Aviation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Grant Agreement is filed with Resolution 5639. As has been previously reported to the City Council, the center pavement section of Runway 17R/35L at Lubbock International Airport is failing. A paving assessment has shown that the failure was most likely due to a chemical reaction between the cement and the aggregate in the pavement. The City's consulting engineers are recommending that the failed section be removed and replaced with a new pavement section. The FAA concurs, and has agreed to fund ninety % of the project under the Airport Improvement Program (AIP). The total estimated cost of this project is $6,664,846. Under the AIP program, the federal share of this project would be $5,998,361.40. Our annual AIP entitlements are approximately $1.7 million. If staff relied solely on our entitlements for the federal share, the project would take four years to complete. Accordingly, staff requested discretionary funds to supplement our entitlements so that the project can be completed in a shorter period of time so there will be less of an impact on the air carriers and other users of the airport. Working with our congressional delegation and the FAA, staff secured a commitment for approximately $2.7 million in discretionary funds this year to supplement our $1.7 million entitlement. Staff have also 159 City Council Minutes September 25, 1997 Page 160 received approval to use $1 million of next year's entitlements for the project, bringing the total federal commitment thus far to a little more than $5.4 million. This will allow us to reduce the length of the project from four years to two years. Staff now have submitted another request to the FAA to fund the remaining federal share ($576,847) of the project with money that drops out of other projects. The FAA approves such requests for project sponsors who have the flexibility to respond quickly to funding opportunities that pop up within the last few days of the fiscal year. Staff have intentionally structured our project so that staff can take advantage of such opportunities. If the request is approved, staff will be able to award the entire contract this year, thus minimizing the project's impact on the users of the airport. Airport Improvement Program guidelines require projects to be "under grant" by the end of the fiscal year, in this case, September 30, 1997. The FAA considers a sponsor to be "under grant" if a grant offer is accepted by the governing body by resolution. The additional funds that staff are seeking, however, may not be available until the last day of the year. Accordingly, Council must consider accepting two alternative grant offers — one in the amount of the current offer, and an alternative that includes any additional funds that are available up to the full amount eligible under the project. This approach is approved by the FAA, and is used by other airports to take advantage of "drop out" funds that become available at the end of the year. A summary of the two alternatives is shown below. Local matching funds in both cases would come from the Passenger Facility Charge Program. The approved budget for this project is set up to accommodate either case. A project budget summary and a copy of the grant application are attached. FAA Share Local Share Total Current Offer $5,421,514.00 $602,390.44 $6,023,904.44 Full Project $5,998,361.40 $666,484.60 $6,664,846.00 Staff recommended the approval of a Council resolution accepting the Federal Aviation Administration grant as currently being offered, or in the alternative, a grant amount that would include additional funds up to the full eligible amount of the project (an additional $576,847.40). The Airport Board recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5639 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (24.) Consider Resolution No. 5640 authorizing the Mayor to approve an application for a state administered, federally financed Speed Enforcement Program, with emphasis on speed compliance targeting reduction in speed related crashes. 160 City Council Minutes September 25, 1997 Page 161 RESOLUTION NO, 5640 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 an directed to execute for and on behalf of the City of Lubbock a Grant Agreement, between the City of Lubbock and the State of Texas, for the Texas Highway Traffic Safety Program for speed selective traffic enforcement, a copy of which is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. The City Council hereby agrees to a cash match of $40,000.00 from the City to fund 50% of the project, as required by the State of Texas in order to be eligible to receive such State and Federal assistance. Passed by the City Council this 25th day of September, 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/ Daniel T. Saluri Daniel T. Saluri, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution 5640. This is a grant program utilizing off duty personnel working overtime to enforce non-compliance of designated speed limits. Awards for this grant have been set beginning October 1, 1997 upon approval of the Lubbock City Council. This is a 50-50 grant in the amount of $80,000 to be administered in fiscal year 1997-98. The Police Department recommended approval of this resolution for the Speed Step Enforcement Project grant. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5640 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (25.) Consider a resolution authorizing the Mayor to execute the necessary SFY 1998 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL). This item was deleted prior to City Council Meeting. 161 City Council Minutes September 25, 1997 Page 162 (26.) Consider Resolution No. 5641 authorizing the Mayor to execute an agreement between the City, the South Plains Regional Workforce Development Board and the Texas Workforce Commission for the purpose of administering grant funds. �i97.�1 1 WHEREAS, the South Plains Regional Workforce Development Board, a nonprofit corporation established under the authority of the Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Texas Government Code), has received a grant from the Texas Workforce Commission in the amount of $74,966.00 for the implementation of systems and procedures for procurement, management, and oversight of the Workforce Development Programs for this region; and WHEREAS, the South Plains Workforce Development Board is in need of an interim fiscal agent until the board has staff and state approval to administer the grant funds as a board and has asked the City to serve as fiscal agent; and WHEREAS, the management and oversight of workforce development programs to be provided by the South Plains Regional Workforce Development Board constitute a valuable public service for the citizens of Lubbock. 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 grant agreement and associated documents between the City of Lubbock, the South Plains Regional Workforce Development Board, and the Texas Workforce Commission for implementation of administrative and financial policies and procedures by the South Plains Regional Workforce Development Board. Said agreement is 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 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Copies of the Grant Agreement and Associated Documents are filed with Resolution 5641. 162 City Council Minutes September 25, 1997 Page 163 South Plains Regional Workforce Development Board has applied for and received a $74,996 Implementation Grant from the Texas Workforce Commission to assist them in development and implementation of administrative and financial systems, policies, and procedures for the procurement, management and oversight of workforce development programs such as JTPA (Job Training Partnership Act), TANF/JOBS and Food Stamp Employment and Training. The funds are budgeted entirely to pay salaries for an Executive Director and a Financial Director for the Board who will be developing the required systems. South Plains Workforce Development Board is a thirty-five member board established under HB 1863 for the purpose of developing a local plan for addressing the workforce development needs of the area, serving as a single point of contact for local businesses to communicate their skill needs, administering the funds for workforce development on a local level, coordinating and assisting workforce education and encouraging economic development. As a new non-profit organization, the Board does not yet have the necessary fiscal policies in place to satisfy the state and federal regulations for handling these grant funds. They have requested that the City, who is familiar with the federal and state regulations, act as fiscal agent for these funds until the board has staff and State approval to be its own fiscal agent. The City is currently serving as fiscal agent for the One Stop Career Center grant that the workforce board was awarded last December. The City would be reimbursed for actual costs incurred in administering the grant. For the reasons stated above, staff recommended that the City Council approve this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5641 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (27.) Bid #97184 - Paper - Six Month Pricing (Print Shop). This bid establishes six-month pricing for a variety of papers used primarily for copying and forms. It will be ordered on an as -needed basis. The Cost of Goods Sold budget amount is $41,000. The low bids are from the following companies: Dixon/ResourceNet of Lubbock, Texas $37,749.99 Gulf Coast Paper Company of Lubbock, Texas 1,377.59 Baker Office Products of Lubbock, Texas 927.25 Unisource of Lubbock, Texas 191.00 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 163 City Council Minutes September 25, 1997 Page 164 (28.) Bid #97196 - For Sale: City of Lubbock Owned Property at 5502 19th Street (Right of Way). 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 of Sale, by and between the City of Lubbock and Jill Wines, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September, 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/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution 5642. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve Resolution No. 5642 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (29.) Bid #97213 - Emergency Repair of Auger Scraper (Solid Waste). West Texas Equipment Company, Lubbock, Texas Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (30.) Bid #97223 - Supervisory Control & Data Acquisition System Display Server (Electric Distribution). Advanced Control Systems, Norcross, Georgia Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 164 City Council Minutes September 25, 1997 Page 165 (31.) Bid #97229 - 2000 AMP Circuit Breaker (Electric Production). ABB Services, Grapevine, Texas Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. PUBLIC HEARINGS (32.) Ordinance No. 10017 - Zone Case No. 2800 (1212 MLK Jr. Blvd.): Hold a public hearing to consider a request of Thomas Stern for zoning change from R-2 and C-3 to C-4 for auto sales and utility trailers on Lots 37-42, Block 1, Whitehead Addition. ORDINANCE NO, 10017 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2800: A ZONING CHANGE FROM R-2 AND C-3 TO C-4, ZONING ON LOTS 37 - 42, BLOCK 1, WHITEHEAD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:45 a.m. Thomas Stern appeared in favor of the zone change from R-2 and C-3 to C-4 for auto sales and utility trailers. No one appeared in opposition. Mayor Sitton closed the hearing at 11:46 a.m. The request is to rezone a C-3 parcel that has been a restaurant for many years and one vacant lot zoned R-2 on the west (back) side to C-4 with only one of the permitted uses —used car and small utility trailer sales. Adjacent land uses: North - zoned C-4, commercial use South - zoned R-2 East - zoned R-2 West - zoned R-2 The block between Broadway and 13th Street from Martin Luther King to Pine is designated as commercial on the Comprehensive Land Use Plan. The Plan also makes a Policy statement that C-4 zoning should be located adjacent to regional or state highways. Martin Luther King and Broadway are each designated thoroughfares, but not state or regional highways. The property north of the subject property along Broadway is a mixture of C-4 and industrial. Also, as in several cases recently, the request is for only one of the thirty five listed permitted uses in C-4. The current code will require a solid screening fence on the west lot line of any new business. As additional protection of the R-2 zoning west and south, the staff proposed a condition allowing a chain link security fence along 13th Street on the property line with a prohibition of vehicular access to 13th Street (no curb cuts and those that exist rebuilt). The proponent did not object to the proposed condition during the hearing. A neighbor to the west expressed concern about a car lot over her back fence. Lots 35 and 36 remain zoned R-2 between her lot and the proposed car lot, so that she will not have a car lot directly behind her home. The proposal should have little effect on traffic. 165 City Council Minutes September 25, 1997 Page 166 The request was approved by the Planning and Zoning Commission with the following conditions: Limited to auto and utility trailer sales; and Provide a chain link security fence along 13th Street on the property line with a prohibition of vehicular access (no curb cuts and those that exist be rebuilt). Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10017 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (33.) Ordinance No. 10018 - Zone Case No. 2801 (4412 19th Street): Hold a public hearing to consider request of Hugo Reed (for the estate of Mildred Biggers c/o Ann Finkerstaedt Ind. Executor) for zoning change from R-1 to C-2 for commercial development on Lot 6, Block 1, West Gate Drive Addition. rent, DIVELNE"0936 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2801 A ZONING CHANGE FROM R-1 TO C-2 ZONING ON LOT 6, BLOCK 1, WEST GATE DRIVE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:49 a.m. Bernie Gradel appeared on behalf of Hugo Reed Associates to present the zone change from R-1 to C-2 for commercial development. No one appeared in opposition. Mayor Sitton closed the hearing at 11:54 a.m. Several years ago the two lots to the east of this parcel were zoned C-2. The property east of those two lots is developed as a small shopping center. Conditions placed on those two lots included site plan approval and a limitation to two curb cuts on 19th Street. Adjacent land uses: North - residential South - commercial East - commercial West - residential The request is a minor deviation from the Comprehensive Land Use Plan. The current and previous Land Use Plans illustrated these block conditions which have existed for some time, the east half commercial and the west half residential. The previous zone change of the two adjacent lots was considered also as a minor Plan change. The single zoning related issue is protection of the existing residential west and north of this lot. The current Code requires a screening fence along the north with no vehicular access. The proponent responded to a staff request to consider a condition for a masonry screening fence (stepped down to 19th Street) and no curb cuts along Raleigh. In an area 166 City Council Minutes September 25, 1997 Page 167 where the subdivisions were not designated to provide buffers between residential and commercial with zoning, good screening walls are the only substitute. The Planning staff, along with the neighbors west of Raleigh, want the record to reflect that if this request is approved, any commercial "creep" west of Raleigh on 19th will meet strong opposition. Raleigh will create a natural break of separation between commercial and residential. The only other concern expressed by the neighbors was delivery traffic using the alley between Raleigh and Quaker. The existing shopping center was built before screening fences were required and it is common for delivery trucks to use the alleys. The proposal should have little effect on traffic. The request was approved by the Planning and Zoning Commission with the following conditions: Provide a solid masonry screening fence along Raleigh (stepped down to 19th Street) with no curb cuts; If the lot is developed in conjunction with the land described in Ordinance 9726, only one additional curb cut on 19th Street shall be allowed (a total of three). If developed separately, only one curb cut shall be allowed on 19th Street; and A site plan, including building elevations showing materials, color, texture, a detailed landscape plan and irrigation plan, shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit and notice shall be mailed. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10018 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (34.) Zone Case No. 1099-C (southwest corner of 50th and Indiana): Hold a public hearing to consider request of Hugo Reed (for United Supermarkets) for zoning change from R-1 Specific Use to C-2 Specific Use for a gasoline service station on the north 150 feet of the east 150 feet of Lot 1, Caraway Addition, and to consider ordinance. This zone change requires a minimum of six votes to pass. Quorum at this meeting is five; therefore, a motion to continue was made by Councilmember Cooke, seconded by Councilmember Patterson. Motion carried: 5 Yeas, 0 Nays. HEALTH AND COMMUNITY SERVICES (35.) Consider Ordinance No. 10019 declaring weeds, illegal dumping, and other objectionable, unsightly, or unsanitary matter a nuisance. 167 City Council Minutes September 25, 1997 Page 168 ORDINANCE NO. 10019 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, AMENDING ARTICLE V, DIVISION I OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY; DECLARING WEEDS, RUBBISH, BRUSH, ILLEGAL DUMPING AND OTHER OBJECTIONABLE, UNSIGHTLY OR UNSANITARY MATTER A NUISANCE AND SETTING FORTH REGULATIONS REQUIRING THE OWNER OR PERSONS HAVING SUPERVISION OR CONTROL OF THE PROPERTY TO KEEP PROPERTY FREE OF SUCH VIOLATIONS; PROVIDING FOR ABATEMENT OF SUCH VIOLATIONS BY THE CITY AND RECOVERY OF COSTS AND EXPENSES OF SUCH ABATEMENT, INCLUDING PROVISIONS FOR IMPOSITION OF A LIEN; PROVIDING FOR AN ADMINISTRATIVE FEE BEING THE COST OF ADMINISTERING THE TERMS OF THIS DIVISION; PROVIDING FOR A PENALTY CLAUSE; A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The proposed revisions to Article V, Division I of Chapter 12 will address problem areas experienced in enforcing this ordinance. The current ordinance does not provide adequate provisions that allow inspectors to enforce these type of violations. Additionally, because the city rate for mowing is inexpensive, some property owners simply wait till the city mows their vacant lot, yard, alley, etc. and simply pay the fine or object to the invoice once mailed to them claiming they never received the warning letter. The Environmental Inspection Services (EIS) Department enforces ordinances relating to weeds, public nuisances and illegal dumping. Recently, EIS has identified the following weaknesses relating to enforcement of these ordinances: The function of EIS has shifted from enforcement to mowing as a service. Property owners do not mow until they receive a notice which creates potential problems with rodents, fire hazards, allergies, decreased property values of adjacent properties, etc. Response time to correct violations does not meet EIS standards. Depending upon how inundated the system is, it can take up to sixty days to correct a violation. There is a need to achieve cost recovery. On average it costs EIS $167.60 to correct each violation not handled by the property owner. The current ordinance does not allow for collection of this amount. There are no provisions in the ordinances to allow EIS to address illegal dumping. Current ordinances place the responsibility of clean-up on the property owner. The key elements of the proposed ordinance are: Provides for a one notice procedure during a twelve month period. This will increase response time for correction of repeat violations. .: City Council Minutes September 25, 1997 Page 169 Incorporates a $175 administrative fee to ensure cost recovery of expenses. Provides authority for penalties and/or liens to deter repeated violations. Provides authority to take action against the act of illegal dumping. The one notice procedure will allow Environmental Inspections to send one certified letter to a person's home of record proving the notice was received, which is key to enforcing violations of this kind. The proposed revisions also would impose a $175 administrative fee in addition to the mowing service. This will serve as a deterrent to the property owner. The revision is also a cost avoidance measure for the Environmental Inspections Department as the change may decrease the number of properties currently mowed by the City. If the revisions to this ordinance are approved, a public awareness campaign will be launched including public service announcements, articles in all local newspapers, inserts in LP&L billing, and presentations to neighborhood associations. Better enforcement of violations to regarding objectionable, unsightly, unsanitary matter improve health and safety of the citizens of Lubbock and their quality of life. Environmental Inspection Services recommended the approval of the proposed revisions. Councilmember Nelson addressed a constitutional point that the definition of nuisance in the proposed ordinance may be vulnerable to legal attacks. He recommended deletion of the following phrase in Sec. 12.101(b): "...or tends to become...". Because no second notice is sent before property is mown and administrative fee is assessed, Councilmember Nelson is concerned about folks who are innocent (out- of-town, etc.); what defense there is to the administrative fee. City could waive the administrative fee (assess mowing fee) if the violator can defend by written evidence to the last notice and had paid for that previous mowing. Doug Goodman advised that violator has the right to appeal this assessment to the court. Councilmember Cooke addressed manpower and equipment problems in a rainy season that made violator just get behind. Councilmember Nelson made a motion to accept with the following amendments: 1. Deletion of Sec. 12.101(b): "...tends to become...". 2. Addition of Sec. 12.1: "This administrative fee shall be waived if within ten (10) days of the notice the violator brings sufficient written proof of his timely response to the last notice and compliance by mowing at his own expense. " Motion died for lack of a second. 169 City Council Minutes September 25, 1997 Page 170 Councilmember Patterson made a motion to pass on first reading Ordinance No. 10019 as originally written. Councilmember Ince seconded this motion with a friendly amendment for passage with deletion of phrase in Sec. 12.101(b). Motion carried: 4 Yeas, 1 Nay. Councilmember Nelson voted Nay. PUBLIC SAFETY (36.) Consider Ordinance No. 10020 amending Article IX, Chapter 14 of the Code of Ordinances of the City of Lubbock with regard to Sexually Oriented Businesses. ORDINANCE NO, 10020 AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY; SETTING FORTH DEFINITIONS; SETTING FORTH AFFIRMATIVE DEFENSES; PROVIDING FOR PERMITS AND PERMIT APPLICATIONS; PROVIDING FOR INSPECTIONS; PROVIDING FOR SUSPENSION AND REVOCATION OF PERMITS; PROVIDING FOR ADDITIONAL REGULATIONS; ESTABLISHING AGE REQUIREMENTS; RENUMBERING; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The most significant amendment to the regulations can be found at Sec. 14-254-A. Sexually oriented cabaret or lounge, additional regulations. Subparagraphs (b) and (c) prohibit an employee while appearing in a state of simulated nudity or semi-nude from intentionally touching a customer and prohibit the customer from knowingly touching an employee who is in a state of simulated nudity or semi-nude. The ordinance prohibits nudity, which is consistent with the ABC Board prohibition for any establishment having a liquor permit. The preamble to the ordinances establishes certain findings that the Council should make to justify the need for regulating S.O.B. Staff will present studies from various communities documenting the adverse, secondary effects of S.O.B. and testimony as to those adverse, secondary effects. Necessary findings of the Council that justify regulation have not been documented in the past. A definition of operate has been placed into the ordinance at Sec. 14- 241(f), at the request of the City Prosecutor. In aid of prosecution, Sec. 14-242 has been amended to change Exemptions to Affirmative Defenses. The reason for the change is that Exemptions must be alleged and disproved by the prosecutor; while Affirmative Defenses must be pled and proved by the defense. Definitions were placed in alphabetical order and additional prohibitions or regulations that had been in the definition section were moved to new sections entitled "additional regulations" for clarity. Sec. 14-244(d) and Sec. 14-249 are amended to provide that permits expire one year from date of issue. At present all permits expire on December 31, requiring the processing of all applications, including investigations, to occur during the holiday season when many employees take vacation time. Processing must be completed within thirty days of submission of a fully completed application with attachments, or the permit is automatically granted. 170 City Council Minutes September 25, 1997 Page 171 Sec. 14-243 was amended by deleting mandatory inspection by health, fire, building, and zoning. Under case law such requirements have been held to place prohibited, unbridled discretion in the city enforcing regulation of S.O.B. when not coupled with specific time restraints and when such inspections are not required annually of all other businesses. The Chief of Police may be assisted in his investigation by these officials [Sec. 14-247(a)]. A permit application may be denied when location would violate zoning; or when the structure, configuration or layout of the premises would not comply with all applicable law, including zoning, fire prevention and health ordinances. See Sec. 14-247(a) and (c)(7)• Sec. 14-247 is amended to provide that the Chief of Police has forty-five days to complete his investigation. Court decisions require that a specified time limit be given for the processing of applications when the exercise of First Amendment Rights may be affected. Sec. 14-247(c)(5) has been amended to delete the reference to State Statute describing the kind of criminal conviction record that would be grounds to deny an applicant and substituted identification of specific offenses that more closely relate to the objective to deter known, adverse secondary effects of S.O.B., as required by case law. Sec. 14-263 has been amended to provide that minors under 18 years old are prohibited from the premises or under 21 years old when the sale or consumption of alcoholic beverages are an aspect of the venture. See also Sec. 14-247(c)(9) and Sec. 14-251(9). Sec. 14-252 relating to appeal rights has been amended to add that judicial review shall be under the substantial evidence rule (if there is substantial evidence to support the decision of the Permit and License Review Board it must be upheld) and not by trial de novo (a new trial on the merits). Sec. 14-256 relating to regulation of the exhibition of sexually explicit films or videos is amended to require all viewing booths to be open on at least one side. Doors or other means of closure are prohibited. Amendments are proposed to Chapter 29, Section 29-3, to conform definitions with those contained in the ordinance regulating sexually oriented business. Dan Saluri, Assistant City Attorney, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 10020 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. CULTURE AND LEISURE SERVICES (37•) Consider Resolution No. 5643 authorizing the Mayor add a name to the Supercenter located at Rodgers Park (Rodgers Community Center/Arnett-Benson Senior Center) as recommended by the Park and Recreation Board. 171 City Council Minutes September 25, 1997 Page 172 RESOLUTION NO, 5643 WHEREAS, the Parks and Recreation Board of the City of Lubbock recommends that the City Council name the Supercenter located at Rodgers Park; and WHEREAS, the City Council, after due consideration of various recommendations, has determined that it would be appropriate and in the best interest of the citizens of the City to name the above -described Supercenter as hereafter stated; NOW THEREFORE: _ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Supercenter located at 3200 Amherst shall henceforth be named The Maggie Trejo Supercenter. Passed by the City Council this 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Rusty Black Rusty Black, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, First Assistant City Attorney On May 23, 1997 the City completed construction and opened the Supercenter at 3200 Amherst. The new Supercenter combined the Rodgers Community Center, opened in 1966, and the Arnett -Benson Senior Center, opened in 1983, into one larger and more useful building. The Supercenter is designed to offer new and expanded services to the community beyond the usual community center and senior center activities. To draw attention to the fact that the building has a new role, a new name is in order. At the August 24, 1997 Parks and Recreation Board meeting, an item was placed on the agenda to consider a request to add a name for the Supercenter complex and retain the name of each respective building. Under Parks and Recreation departmental policy, the naming or renaming of a park or recreation facility is ultimately the responsibility of the City Council. The policy states that the City Council will be provided with three names for consideration from the Parks and Recreation Board. 172 City Council Minutes September 25, 1997 Page 173 The three names submitted by the Parks and Recreation Board for City Council consideration are: The Maggie Trejo Supercenter The Cesar Chavez Supercenter The Henry Cisneros Supercenter The Parks and Recreation Board preference is for The Maggie Trejo Supercenter. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass Resolution No. 5643 as recommended by the Parks and Recreation Board. Motion carried: 4 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. (38.) Consider Ordinance No. 10021 amending the use and allocation of hotel/motel occupancy tax. ORDINANCE NO, 10021 AN ORDINANCE AMENDING SUBSECTION 26-22(b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ALLOCATION OF HOTEL OCCUPANCY TAX REVENUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Background/Discussion and Summary/Recommendation for this item are included in Item No. 39 below. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10021 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Councilmember Ince voted Nay. (39.) Consider Resolution No. 5644 changing the Capital Project budget for the Lubbock Center for the Arts. RESOLUTION NO. 5644 WHEREAS, the City Council desires to make a change in the FY 1997-98 City budget for municipal purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby makes the following change to the FY 1997-98 City budget: • Change the City of Lubbock Capital Project Fund Budget to provide for the Lubbock Center for the Arts. The changed budget will show an additional $1,578,974.00 for such project. SECTION 2. THAT the Council hereby directs that a copy of this Resolution be filed with the original FY 1997-98 budget in the Office of the City Secretary. 173 City Council Minutes September 25, 1997 Page 174 Passed by the City Council this 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Services Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On September 11, 1997 the City Council voted to purchase the Historic Ft. Worth and Denver Depot for $600,000. The concept presented to Council was to restore and renovate the facility as the home to the Buddy Holly collection, interim Fine Arts Center, arts administration, gift shop, and visitor information. Staff currently have $650,000 available from hotel/motel tax reserves and year end reserves. The balance of capital funds needed is $1,578,974. Staff is currently conducting necessary surveys of the site in order to close the sale within the thirty day limit set forth in the contract. The City of Lubbock currently has a hotel/motel tax of 7%. State law allows up to 15 % of tax collected to be used for arts related projects and up to 15 % of tax collected for historic preservation, restoration projects, or activities to encourage tourist and convention delegates to visit preserved historic sites or museums. Currently 11 % of tax collected is dedicated to the arts. The proposed cost for restoration and renovation of the Ft. Worth and Denver Depot and the installation of gift shop/visitor information and Holly memorabilia should be funded through hotel/motel tax, which brings tax used towards arts and historic preservation to 30%. The hotel/motel tax ordinance would be amended as follows: Proposed Current Culture/Leisure facility renovation & debt 18.58 % 18.57 % Civic Center Renovation Historic preservation & restoration Ft. Worth & Denver Depot Civic Center marketing 8.19 % 10.00 % Convention & Tourism Bureau 42.86 % 42.86 % Lubbock Arts Alliance 5.71 % 5.71 % Municipal Arts Administration 5.71 % 5.71 % Visitor Information Center (Depct) 2.87% 1.07% Inbound Tourist Travel airport 1.07 % 1.07 % Visiting Participatory & Spectator Sports 11.43 % 11.43 % Tourism reserve fund 3.57 % 3.57 % 174 City Council Minutes September 25, 1997 Page 175 Initial cost of $1,578,074 will be funded from an internal loan from general fund reserves with interest paid back to reserves based on the current bond market rate. Interest on new debt will be paid over the first four years. Upon expiration of Civic Center debt, principal and interest will be paid on new debt. Payment schedule was included in council backup. The reallocation of hotel/motel tax does not negatively impact current recipients of tax. Staff supports the reallocation of hotel/motel tax for the restoration and preservation of the Ft. Worth and Denver Depot. With the amendment of the ordinance for allocation of the hotel occupancy tax, Council will also need to consider changing the Capital Project Budget for the Lubbock Center for the Arts in the amount of $1,578,974 to be funded through an internal investment by the General Fund. The capital project allows for the preservation and restoration of the Historic Ft. Worth and Denver Depot, fabrication of exhibits for the Buddy Holly Collection, creation of an interim gallery space for the Fine Arts Center, a gift shop/information center for visitors, and administrative, archival and educational support space. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5644 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Councilmember Ince voted Nay. ELECTRIC UTILITIE (40.) Consider Resolution No. 5645 authorizing the Mayor to execute a lease agreement with the Lubbock Chamber of Commerce. RESOLUTION NO, 5645 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with the Lubbock Chamber of Commerce, attached herewith, 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. 175 City Council Minutes September 25, 1997 Page 176 Passed by the City Council this 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale J. Robert Massengale, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution 5645. Background/Discussion and Summary/Recommendation for this item are included in Item No. 43 below. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5645 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Nelson recused himself. (41.) Consider Resolution No. 5646 authorizing the Mayor to execute a lease agreement with Market Lubbock, Inc. RESOLUTION NO, 5646 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with Market Lubbock, Inc., attached herewith, 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. 176 City Council Minutes September 25, 1997 Page 177 Passed by the City Council this 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale J. Robert Massengale, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution 5646. Background/Discussion and Summary/Recommendation for this item are included in Item No. 43 below. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5646 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Nelson recused himself. (42.) Consider Resolution No. 5647 authorizing the Mayor to execute a lease agreement with METTS, Inc. RESOLUTION NO, 5647 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with Marketing, Entertainment, Tourism, Travel, Sports, Inc., attached herewith, 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. 177 City Council Minutes September 25, 1997 Page 178 Passed by the City Council this 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale J. Robert Massengale, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution 5647. Background/Discussion and Summary/Recommendation for this item are included in Item No. 43 below. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5647 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Nelson recused himself. (43.) Consider Resolution No. 5648 authorizing the Mayor to execute a contract of sale with the Lubbock Housing Authority. RESOLUTION NO, 5648 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 of Sale with the Housing Authority of the City of Lubbock, Texas, for the purchase of property located at 1301 Broadway in the City of Lubbock, attached herewith, 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. i ►:1 City Council Minutes September 25, 1997 Page 179 Passed by the City Council this 25th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale J. Robert Massengale, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract of Sale is filed with Resolution 5648. The opportunity presents itself at this time to execute a transaction that will resolve multiple needs for additional space for city services. Lubbock Power and Light and the Police Department have exhausted expansion possibilities in the Municipal Square facility and need more space to satisfy security and customer service needs. Two years ago LP&L presented a project to the City Council to purchase additional space in order to relieve traffic and parking congestion from customers needing to access the payment and collection office. A further study revealed that the drive-in window congestion which becomes more severe with increasing customer base could not be relieved simply by adding additional parking space. Analysis of other alternatives has been considered to try to relieve this congestion. A year ago staff began to look at the possibility of moving LP&L to the Lubbock Housing Authority Building at 1301 Broadway. If LP&L relocates to the 1301 Broadway facility, the Parks Department would relocate to the City owned building at 1000 9th Street. The Police Department would initiate a move into the LP&L area and the Parks Department area in the Municipal Square Building. This building consists of gross area of 81,467 square feet and 74,819 square feet of usable area. A 123 space parking building is included in the facility. Staff are proposing to purchase this building and locate LP&L in 22,000 square feet of space primarily in the main building and in the annex under the parking building. Lease agreements have been negotiated with Market Lubbock, Inc., METTS, and Chamber of Commerce. These entities will concentrate Lubbock's efforts at economic development into a single location. This should promote these efforts and make these entities more accessible to 179 City Council Minutes September 25, 1997 Page 180 the public. These lease agreements are also being presented for approval. Market Lubbock, Inc. will pay $25,133 per year. METTS will pay $52,536 per year. The Chamber of Commerce will pay $53,325 per year. These revenues will account for the bulk of the expenses associated with this building. The estimated schedule for the move in is shown in the attachment. Both Market Lubbock, Inc. and the Chamber of Commerce have approved the lease agreement and signed copies are in the City Secretary's office. On Wednesday, September 17, the METTS Board failed to approve the lease agreement. They held another meeting Friday morning, September 19, to reconsider the lease subject to additional information. After staff reviewed all the issues, the lease agreement was unanimously approved as recommended. Additional leases will be developed for Workforce Development and Texas Department of Criminal Justice (an existing tenant). These leases will be presented at a future time. The sale price agreed on for the building is $1,200,000 plus $843,574 for moving and building adjustments. An analysis of the building area and projected cost and revenues is attached to this memo. Staff recommended approval of these items, with the assumption that the METTS Board will approve the proposed lease agreement on the same basis as the other economic development entities. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5648 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Nelson recused himself. MISCELLANEOU (44.) Consider a joint resolution of the City Council, Lubbock County, and Lubbock Independent School District to adopt guidelines and criteria for industrial tax abatement in accordance with the Property Redevelopment and Tax Abatement Act. This item was deleted prior to City Council Meeting. (45.) Consider a joint resolution of the City Council, Lubbock County, and Lubbock Independent School District to adopt guidelines and criteria for commercial tax abatement in accordance with the Property Redevelopment and Tax Abatement Act. This item was deleted prior to City Council Meeting. FINANCIAL SERVICES (46.) Consider an order and resolution of the City Council of the City of Lubbock sitting as a regulatory authority pursuant to the Public Utility Regulatory Act of 1995 (Vernon's Ann. Civ. St., Art. 1446c- 0) with regard to an electric tariff for grain elevator service filed by Southwestern Public Service Company. This item was deleted in work session. MR City Council Minutes September 25, 1997 Page 181 (47.) Consider a resolution to authorize LP&L to participate with West Texas Municipal Power Agency (WTMPA) in the financing and construction of a cogeneration plant. This item was deleted in work session. BOARD APPOINTMENTS (48.) Consider the ratification of the City Manager's appointment of David Vasquez to the Firefighter and Police Officer Civil Service Commission, according to Chapter 143.006 of the Local Government Code. Chapter 143 of the Local Government Code grants the Chief Executive Officer, who according to our City Charter is the City Manager, the authority to appoint the commissioners to the Civil Service Commmission. Marta Mahoney has resigned her position effective on August 21, 1997 due to a conflict of interest. David Vasquez has been appointed to take her place. David is currently the principal at Atkins Junior High School and meets the qualifications of Chapter 143. David will complete Marta's term . through February 23, 1998 and fulfill a full term to February 23, 2001. Staff recommended that Council ratify the appointment of David Vasquez to the Civil Service Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to ratify appointment of David Vasquez to the Firefighter and Police Officer Civil Service Commission. Motion carried: 5 Yeas; 0 Nays. (49.) Confirm appointment of James Burgess to the Citizens Traffic Commission. The citizen referenced above was selected for service during the City Council executive session on August 14, 1997. He has been contacted and has agreed to serve. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm appointment of James Burgess to the Citizens Traffic Commission. Motion carried: 5 Yeas; 0 Nays. 181 City Council Minutes September 25, 1997 Page 182 12:53 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 5 Yeas; 0 Nays. WINDY SIT ON, MAYOR ATTEST: 6��- 44"Jv" - Kayt Darnall, City Secretary Read and approved this /%l2 day of 6&4, 1997. 4BMS41TN,MAYOR ATTEST: /"J &MA "ayD,.rnell, City Secretary 182