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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/13/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 13, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 13th day of November, 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. 8:00 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Max Ince, and Councilmember David Nelson. Mayor Sitton stated the Council would be holding an executive session, in accordance with the V.T.C.A. Government Code, Section 551.074 to discuss personnel matters (City Manager; City Secretary); Section 551.071 to discuss pending or contemplated litigation (Planning Department; Police Department; Water Utilities); Section 551.074 to discuss personnel matters regarding duties, responsibilities, and/or appointments (Municipal Court Substitute Judges; Boards and Commissions); and Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 8:05 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager; City Secretary). ( 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 (Planning Department; 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: Municipal Court Substitute Judges Appointments Advisory Board Keep Lubbock Beautiful Advisory Committee Library 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 (Fire Department). 9:47 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Discuss regular agenda items. Item No. 16 was moved from consent agenda to regular agenda. Items No. 33 and No. 39 were deleted from the agenda. 277 City Council Minutes November 13, 1997 Page 278 (6.) Discussion of LP&L study options presented by Bob Cass and Robert Massengale. (7.) Receive update on Robert's Rules of Order presented by City Attorney's Office. This item was not discussed. (8.) Discussion of playa lake ownership presented by Marsha Hensley, City Staff. This item was not discussed. 10:48 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T.J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Absent: None Mayor Sitton called the meeting to order at 10:48 A.M. (9.) The Invocation was given by Reverend Bob Sweeten, Lubbock View Christian Church. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Russell Klinkenberg Appointments Advisory Board Receiving: Tony Renteria Community Development and Services Board Receiving: Betty Anderson Finance Subcommittee of the Citizens Advisory Committee for Capitol Improvements Projects Receiving: Larry Gilliard Health Facilities Development Corporation Receiving: Dr. James Morris Human Relations Commission Receiving: Sharon Bass Human Relations Commission Receiving: Jorge Rojas Neighborhood Redevelopment/Urban Renewal Board Receiving: Robert Patterson 278 City Council Minutes November 13, 1997 Page 279 CITIZEN APPEARANCES (11.) Presentation of Special Recognition to Cindy Miller and Rosa Llanas, Business educators at Lubbock High School, in honor of "National Education for Business Month". Rosa Llanas and Cindy Miller, Business educators at Lubbock High School, accepted this Special Recognition. Education for business plays a vital role in helping students effectively prepare for a meaningful career or education beyond high school. Students prepared for domestic and international business positions make major contributions to the economy and continued prosperity. The educational efforts of business education work to equip students with skills to face the challenges of the changing global business environment. (12.) Presentation of Special Recognition to Danny Downing, Director of Operations and Marketing for Option Care, in honor of South Plains Homecare Association's Home Health Care Fair. Danny Downing, Director of Operations and Marketing for Option Care, accepted this Special Recognition. The South Plains Homecare Association is hosting a Home Health Care Fair on November 18, 1997 to educate members of the medical community and the public about issues relating to homecare. Advanced technology and managed care has resulted in many medical services moving into patients' homes, where these patients can recover from surgery, get rehabilitation and even be treated for many different diseases. The South Plains Homecare Association seeks to promote good health, greater choice for treating patients, and more cost-effective treatment plans. (13.) Presentation of update on activity of Public Transit Advisory Board by Will Williams, Chair. The Public Transit Advisory Board studies the routes and fares of Citibus. This seven member board also promotes the use of Citibus, a public transit service managed by McDonald Transit Associates, Inc., under a contract with the City of Lubbock. CITIZEN COMMENTS Five citizens expressed comments to the council. They were: Cecil Puryear Jorge Rojas Mikel Ward Bill Raney Mike Cunningham CONSENT AGENDA (Items No. 14-15, No. 17-32, No. 34-38) Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (14.) Approval of the minutes of the Regular City Council Meeting of October 23, 1997. (15.) Ordinance No. 10024 - Request by the City of Lubbock to the Texas Department of Transportation to place updated population numbers on city limit signs (second and final reading). 279 City Council Minutes November 13, 1997 Page 280 ORDINANCE NO, 10024 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS ESTABLISHING THE MID -CENSUS POPULATION OF THE CITY OF LUBBOCK BY ORDINANCE SO THAT CITY LIMITS SIGNS ON STATE HIGHWAYS MAY BE ALTERED BY THE TEXAS DEPARTMENT OF TRANSPORTATION TO REFLECT A MORE CURRENT POPULATION FIGURE FOR THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 10025 - Call a Special Election for January 17, 1998 for adoption of an Economic Development Sales Tax at a rate of 3/8 of one percent pursuant to Section 4B of Article 5190.6, Vernon's Annotated Civil Statutes (second and final reading). ORDINANCE NO. 10025 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 17, 1998 FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF A THREE -EIGHTHS (3/8) OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY OF LUBBOCK FOR ECONOMIC DEVELOPMENT PURPOSES PURSUANT TO SECTION 4B OF ARTICLE 5190.6 OF VERNON'S ANNOTATED CIVIL STATUTES; MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE HEREOF. This item was moved from consent to regular agenda during work session. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 10025 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (17.) Ordinance No. 10026 - Zone Case No. 2802 (southwest corner of 98th Street and Slide): Request of Southwest Convenience Stores for zoning change from T to C-3 Specific Use for a convenience store on a portion of land out of Section 25, Block E-2 (second and final reading). ORDINANCE NO, 10026 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2802: A ZONING CHANGE FROM T TO C-3 SPECIFIC USE ZONING FOR A CONVENIENCE STORE ON A PORTION OF LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 10027 - Zone Case No. 2803 (southwest corner of 34th Street and Avenue S): Request of David Fleming (for South Plains Sonic Ltd.) for zoning change from C-2 to C-4 limited to a drive-in restaurant and all permitted C-3 uses on a portion of land out of Section 10, Block B (second and final reading). City Council Minutes November 13, 1997 Page 281 ORDINANCE NO, 10027 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2803: A ZONING CHANGE FROM C-2 TO C-4 ZONING LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-3 USES ON A PORTION OF LAND OUT OF SECTION 10, BLOCK B, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (19.) Consider Resolution No. 5696 authorizing the Mayor to execute a street -use license for a communications cable with Parkhill, Smith & Cooper, Inc. (4110 Avenue R). Q.Y�IlI��I�!`►C��YS a 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 and Alley Use License in favor of Parkhill, Smith & Cooper, Inc. for a communications cable across a portion of Avenue R and an adjacent alley, 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 13th day of November, 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 and Alley Use License is filed with Resolution 5696. This street -use license allows Parkhill, Smith & Cooper, Inc. to run a communications cable from the west side of Avenue R, just south of 41 st Street, eastward and across Avenue R to the east -west alley on the east side of Avenue R, and then eastward down the alley to another office of theirs. This license will be for three years, and they will pay the $50 per year minimum fee or $150 total. The Right -of -Way Department recommended the approval of this license. 281 City Council Minutes November 13, 1997 Page 282 (20.) Consider Resolution No. 5697 authorizing the Mayor to execute a Bill of Sale for the historic St. Paul's on the Plains Church Building (4011 University Avenue). RESOLUTION NO. 5697 WHEREAS, St. Paul's on the Plains Episcopal Church built its original building in 1913 at the corner of Avenue O and 15th Street; and WHEREAS, the City Council by resolution, October 28, 1993, authorized the Lubbock Heritage Society to move the historic building to Clapp Park and restore it; and WHEREAS, this renovation has been completed and the Lubbock Heritage Society has prepared and filed a Bill of Sale transferring title of the building to the City of Lubbock; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock accepts title to the building formerly used as St. Paul's Episcopal Church located at K. N. Clapp Park, Hodges Community Center, Lubbock, Texas as recorded at Volume 5531, Page 133, of the Deed Records of Lubbock County, Texas. A copy of said Bill of Sale is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of November, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Bill of Sale is filed with Resolution 5697. On October 28, 1993, the City Council authorized a resolution allowing the Lubbock Heritage Society to move historic St. Paul's on the Plains Episcopal Church building to Clapp Park. The St. Paul's building is the oldest existing church building in Lubbock and probably the oldest quasi -public building of any kind in the City. It was built in 1913 at 15th and Avenue O and is a wood frame structure with clapboard siding, a gabled roof, Gothic arched windows and front entry, with false wood buttresses. This building has been completely restored by the Heritage Society, and its contractors and now the Heritage Society desire to deed 282 City Council Minutes November 13, 1997 Page 283 it to the City to be used as a rental facility for such things as weddings and meetings. The Right -of -Way Department recommended the acceptance of this Bill of Sale. (21.) Consider Resolution No. 5698 authorizing the Mayor to execute an agricultural lease with Ronnie Hamilton (new landfill). RESOLUTION NO, 5698 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 Agricultural Lease Agreement by and between the City of Lubbock and Ronnie Hamilton, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of November, 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/ Jeff Hartsell Jeff Hartsell, Trial Attorney A copy of the Lease Agreement is filed with Resolution 5698. This resolution authorizes the Mayor to sign an agricultural lease with Ronnie Hamilton for one of the two sections of land west of Abernathy that the City purchased for the new landfill. Mr. Hamilton has farmed this property for several years and desires to continue to farm it. This lease will begin January 1, 1998 for a one-year period with an option to extend the lease for five more years, one year at a time. The Right -of -Way Department recommended the approval of this agricultural lease. (22.) Consider Resolution No. 5699 authorizing the Mayor to execute the necessary contract documents and subsequent amendments with the Texas State Library and Archives Commission to support Major Urban Resource Libraries (MURL) Grant Program. 283 City Council Minutes November 13, 1997 Page 284 RESOLUTION NO, 5699 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 Major Urban Resource Library Contract between the City of Lubbock and the Texas State Library and Archives Commission, attached hereto, and 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 13th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract is filed with Resolution 5699. As the Major Resource Center Library in the 29-county West Texas area, the Lubbock City -County Library is eligible to receive federal funding through the Texas State Library. The "Major Urban Resource Library" (MURL) grant funding, under Title I of the Library Services Construction Act, is provided to all libraries in cities of the United States with populations over 100,000. The purposes of the grant are to bolster urban library collections and enable reference services without charge to persons living outside Lubbock's political subdivisions, so that non-residents receive these services under the same conditions as residents. Funding for the State Fiscal Year totals $28,598. This program is fully funded by the Texas State Library. The City of Lubbock has no responsibility or obligation in the event that funds are not appropriated or provided. The City of Lubbock will receive 9.03 % of direct charges to reimburse the cost of fiscal administration. All direct charges go for subscriptions to electronic databases ($26,189). Because the MURL grant funds provide library materials that benefit the regional area and supplement collections for use by Lubbock citizens as well, staff recommended that the Mayor be authorized to execute the necessary contract documents and subsequent amendments with the Texas State Library, as provided in the resolution. City Council Minutes November 13, 1997 Page 285 (23.) Consider Resolution No. 5700 authorizing the Mayor to accept water and sewer improvements for Tract A, Lubbock Retirement Residence Addition. RESOLUTION NO, 5700 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT A, LUBBOCK RETIREMENT RESIDENCE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Lubbock Retirement Residence Addition to the City of Lubbock, Lubbock County, Texas has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $52,199.16, with the improvements constructed by Colson & Colson General Contractors, Inc. having a value of $51,175.67, as determined by the unit prices established by said Chapter 28, and $1,023.49 cash paid to the City, with Hugo Reed, the developer, to receive a refund of $-0- in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $-0-; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $-0- be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $-0-. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 285 City Council Minutes November 13, 1997 Page 286 This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $52,199.16 including value of construction costs of $51,175.67 and $1,023.49 cash paid to the City of Lubbock. The developer, Hugo Reed and Associates, will not receive a refund, and there is no refund of deposit. This subdivision is located north of 54th Street and east of Gary Avenue. Staff recommended acceptance of these improvements. (24.) Consider Ordinance No. 10028 adopting the 1997 International Plumbing Code with local amendments as the Plumbing Code for the City of Lubbock (first reading). ORDINANCE NO, 10028 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO ADOPTING THE 1997 EDITION OF THE INTERNATIONAL PLUMBING CODE AND PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The City of Lubbock Building Board of Appeals and city staff have reviewed the 1997 International Plumbing Code. There are minor differences between the new International Code and our present 1991 Uniform Plumbing Code. As in all previous codes the Board and staff reviewed the local amendments and made the necessary changes to the code to bring them up-to-date. Most changes were section number changes that needed to be made so that they would reference the correct sections of the new code. The City of Lubbock has used the Uniform Plumbing, Mechanical and Building codes as the standards for the installation of all plumbing, mechanical and building construction within the city. In the past the plumbing and mechanical codes were promulgated by both the International Conference of Building Officials (ICBO) and the International Association of Plumbing and Mechanical Official (IAPMO). ICBO is one of the major code body groups in the United States that write building and fire codes used by us and the majority of the U.S. and foreign countries. There are three major code development groups in the United States. They are: the International Conference of Building Officials, the Southern Building Code Congress International, and the Building Officials and Code Administrators International. The three groups have joined together using members from all three to form the new "International Code Council" to write the new codes. This code council is utilizing the best aspects of all three existing codes to develop the new family of "International Codes." The new Plumbing and Mechanical Codes are complete, and work is progressing on the new International Building Code that should be complete by the year 2000. The three organizations will be phasing out their separate codes as of this year. The International Codes may have the appearance of being a new document while in reality they are a collection of what is already in existence in all three model codes. The consolidation of these codes should not have an impact on the cost of construction since the requirements are already in effect. If anything, it should help reduce go City Council Minutes November 13, 1997 Page 287 cost by reducing the amount of time required to research, maintain, and learn all different codes in various areas. This idea is strongly supported by the building community, engineers, architects, designers, government officials, and regulatory groups. The International Codes will replace the myriad of codes now in effect throughout the United States. The International Codes will make it simpler and more cost-effective for building professionals to comply with code requirements. Builders and suppliers will find it easier to assist their customers when addressing code requirements. The International Plumbing and Mechanical Codes have been adopted by cities and states across the country. In Texas, in addition to those cities on the list, the State Manufacturing Housing Division, the Texas Jail Standards Commission, Dallas -Ft. Worth Airport, and several other cities have adopted the new codes. The codes have been adopted by the Armed Forces for use in all of their buildings and by several states, i.e., Virginia, Utah, Ohio, Oklahoma, Rhode Island, and West Virginia. Many other states and Texas cities are in the process of adopting the new codes as well. The Building Board of Appeals and city staff recommended that the Council approve and adopt the 1997 International Plumbing Code as amended. (25.) Consider Ordinance No. 10029 adopting the 1996 International Mechanical Code with local amendments as the Mechanical Code for the City of Lubbock (first reading). ORDINANCE NO, 10029 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTING THE 1996 EDITION OF THE INTERNATIONAL MECHANICAL CODE; ESTABLISHING FEES; PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The City of Lubbock Building Board of Appeals and city staff have reviewed the 1996 International Mechanical Code. There are minor differences between the new International Code and our present 1991 Uniform Mechanical Code. As in all previous codes, the Board and staff reviewed the local amendments and made the necessary changes to the model code to bring them up-to-date. Most changes were section number changes that needed to be made so that they would reference the correct sections. Two changes are in the areas of existing installations that are allowed to remain provided they are safe and complied with the ordinance when installed, and in the use of unvented heaters. The Building Board of Appeals and city staff recommended that the Council approve and adopt the 1996 International Mechanical Code as amended. (26.) Consider Ordinance No. 10030 adopting the 1996 National Electrical Code with local amendments as the Electrical Code for the City of Lubbock (first reading). 287 City Council Minutes November 13, 1997 Page 288 ORDINANCE NO, 10030 AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO THE DUTIES OF THE BUILDING OFFICIAL; AMENDING ARTICLE V OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO ADOPTING THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE; ESTABLISHING FEES; PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The City Board of Electrical Examiners and staff have reviewed the 1996 National Electrical Code and all local amendments. Changes between the 1993 code and the new 1996 code should not have any significant effect on construction in the city. Some local amendments have been deleted since they are now covered in the new code. The City Board of Electrical Examiners and city staff recommended that the Council approve and adopt the 1996 Electrical Code. (27.) Consider Ordinance No. 10031 adopting the 1997 Uniform Building Code with local amendments as the Building Code for the City Of Lubbock (first reading). ORDINANCE NO, 10031 AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO ADOPTING THE 1997 EDITION OF THE UNIFORM BUILDING CODE AND PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Building Board of Appeals and staff have reviewed the 1997 Uniform Building Code and all local amendments. Changes between the 1997 code and our present 1991 codes are minor and should not affect the building industry in the city. The majority of changes were due to the new code format. The new codes use a new numbering system that required us to change the numbers of all local amendments to correspond with the correct codes section. The Building Board of Appeals and city staff recommended that the Council approve and adopt the 1997 Uniform Building Code. (28.) Consider the price and condition of sale of Parcel Number 33500-17- 230 at 1004 2nd Place in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc., Gary Patton, President, for $400. The property is to be redeveloped with a new 1,400 square foot single-family residence valued at $65,000. The land is properly zoned. The proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Community Development Department recommended approval. No City Council Minutes November 13, 1997 Page 289 (29.) Consider the price and condition of sale of Parcel Number 74720-26- 5 at 210 Avenue T in the Roberts and McWhorter Area. This is a routine sale of property by the Urban Renewal Agency to Hubert Tobar for $1,065. Mr. Tobar is purchasing this vacant lot for landscaping and adding on to his adjoining yard at 212 Avenue T. The proposed sale was approved by the Urban Renewal Board of Commissioners on October 21, 1997. The Community Development Department recommended approval. (30.) Consider the price and condition of sale of Parcel Number 54490-0- 3320 at 2425 East 29th Street in the Manhattan Heights Area. This is a routine sale of property by the Southeast Lubbock Development Corporation to Charlie Smith and wife, Alzora Smith, for $750. The Smiths are purchasing this vacant lot for landscaping and adding on to their adjoining property at 2427 East 29th Street. The proposed sale was approved by the Southeast Lubbock Development Corporation on October 21, 1997. The Community Development Department recommended approval. (31.) Consider the price and condition of sale of Parcel Number 54490-0- 2620 at 2430 East 29th Street in the Manhattan Heights Area. This is a routine sale of property by the Southeast Lubbock Development Corporation to Arthur Cornelius for $750. Mr. Cornelius is purchasing this vacant lot for landscaping and adding on to his adjoining yard at 2428 East 29th Street. The proposed sale was approved by the Southeast Lubbock Development Corporation on October 21, 1997. The Community Development Department recommended approval. (32.) Bid #97206 - Hazardous/Nonhazardous Materials Disposal (Environmental Compliance) This bid is for a one-time disposal of hazardous and non -hazardous waste. To ensure compliance with the law, the low bidder has been instructed to move the materials as soon as practical. The Hazmat Remediation Account budget amount is $87,000. The low bid is $18,890 from Heat Energy Advanced Technology, Inc. of Dallas, Texas. (33.) Bid #97225 - Two Color Printing Press (Print Shop) This item was deleted during work session. (34.) Bid #97234 - 69 KV Power Circuit Breakers (Electric Distribution) This bid is for the purchase of three 69,000 volt circuit breakers for use in switching capacitors in three existing LP&L substations. City Council Minutes November 13, 1997 Page 290 Two bids were received, one for circuit breakers which meet the specifications, and one for a lower cost device called a circuit switcher which does not meet the specifications. The lower cost device was rejected on three basic points: 1. The rejected bid did not include all of the equipment necessary to construct a fully operational system. The circuit switcher does not have built in current transformers as specified. These transformers would have to be installed externally at a cost of approximately $15,000. This additional cost makes this bid higher than the recommended proposal. A further difficulty with these external current transformers is that space is not available inside the existing substations to install these external devices. 2. The circuit switcher does not offer true independent pole operation and thus cannot be adjusted to maintain synchronous closing as the device's speed characteristics change over the lifetime of the device. Without true independent pole operation the LP&L transmission system would be subjected to current surges and possible damage. 3. The circuit switcher vendor did not offer a condition monitoring unit (CMU) as specified. The CMU collects and stores data on the circuit breaker's operation in order to predict preventative maintenance needs. This predictive data is needed in order to assure the critical timing of the synchronous closing function is maintained. These operating times must be maintained accurate within a few thousandths of a second. The System Capital Outlay -Switched Capacitor Banks budget is $210,500. The recommended bid is $209,097 from ABB Power T & D Company, Inc. of Greensburg, Pennsylvania. (35.) Bid #97235 - Parking Control and Off -Road Flatbed Vehicle (Fleet Services) This bid is for the purchase of two parking control vehicles for the Police Department and one off -road flatbed vehicle for the Water Treatment Department. The off -road vehicle will be used to transport tools and materials on site at the Water Treatment Plant. The Fleet Replacement -General Fund budget amount is $35,200 and the Fleet Replacement -Water Fund budget amount is $12,100. The low bids are from the following companies: White Bear Southwest, Inc. of Phoenix, Arizona $35,804 Associated Supply Company of Lubbock, Texas $11,977 (36.) Resolution No. 5701/Bid #97237 - Canyon Lakes #1 and #6 Fishing Pier Renovation (Park Development) 290 City Council Minutes November 13, 1997 Page 291 RESOLUTION NO, 5701 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 Lubbock Building Services, Inc. of Lubbock, Texas to install and furnish all materials and services as bid for the Canyon Lakes #1 and #6 Fishing Pier Renovation, 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 13th day of November, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of November, 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 Lubbock Building Services, 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 #97237 - CANYON LAKES #1 & #6 FISHING PIER RENOVATION - $15,020.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. 291 City Council Minutes November 13, 1997 Page 292 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services 5121 69th Street, Suite B-1 Lubbock, Texas 79424 This project will allow for the expansion of an existing fishing pier at Lake #6 and for the construction of a fishing pier at Lake #1. The Canyon Lakes Fishing Pier budget is $51,294. The low bid is $15,020 from Lubbock Building Services of Lubbock, Texas. (37.) Resolution No. 5702/Bid #97238 - 69th and Slide Landscape Improvements (Park Development) RESOLUTION NO, 5702 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 Chuck Sudduth Associates of Lubbock, Texas to install and furnish all materials and services as bid for the 69th and Slide Landscape Improvements, 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. 292 City Council Minutes November 13, 1997 Page 293 Passed by the City Council this 13th day of November, 1997. 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 /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of November, 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 Chuck Sudduth Associates, 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 #97238 - 69TH & SLIDE LANDSCAPE IMPROVEMENTS - $24,989.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 293 City Council Minutes November 13, 1997 Page 294 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary (38.) (39.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Chuck Sudduth Associates By: /s/ Charles D. Sudduth PRINTED NAME: Charles D. Sudduth TITLE: President COMPLETE ADDRESS: Chuck Sudduth Associates 8007 Clinton Avenue Lubbock, Texas 79424 This project will allow for the landscape improvement of the property located on the south side of 69th Street, which is bordered by Albany Avenue on the west and Slide Road on the east. The 69th and Slide Landscape Improvement Account budget for this item is $30,000. The low bid is $24,989 from Chuck Sudduth Associates of Lubbock, Texas. Bid #97239 - Paratransit Vehicles (Park Development) This bid is for the purchase of five paratransit vehicles that will allow Citibus to increase service for senior/disabled citizens throughout the City Of Lubbock. The Citibus budget amount is $520,000. Citibus will fund $104,000, and $416,000 will be funded by the Federal Transit Authority. The low bid is $466,487 from Lasseter Bus Company Inc. of Dallas, Texas. Bid #97271 - Emergency Roof Repair at Lubbock International Airport (Aviation) This item was deleted during work session. Staff recommended award of each of the above bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolution. 294 City Council Minutes November 13, 1997 Page 295 PUBLIC HEARINGS (40.) Ordinance No. 10032 - Zone Case No. 2781 (K. N. Clapp Park -south of 40th Street and east of University): Public hearing to consider request of the Urban Design and Historic Preservation Commission (for Lubbock Heritage Society) for a zoning change from R-1 to R-1 (DH) (historic landmark designation) on a portion of Lot 2, Block 13, Crump 5 Acre Addition. ORDINANCE NO, 10032 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2781: A ZONING CHANGE FROM R-1 TO R-1 (DH) ZONING ON PORTION OF LOT 2, BLOCK 13, CRUMP 5 ACRE ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:39 a.m. Sally Abbe, City Staff, appeared on behalf of the Urban Design and Historic Preservation Commission to present the zone change from R-1 to R-1 (DH) (historic landmark designation). No one appeared in opposition. Mayor Sitton closed the hearing at 11:43 a.m. The Urban Design and Historic Preservation Commission initiated the request for historic landmark designation of the Old St. Paul's on the Plains Church, reviewed the case, and issued a Certificate of Appropriateness for renovation of the building on June 20, 1996. Their favorable recommendation for designation was forwarded to the Planning and Zoning Commission, which recommended the designation on August 1, 1996. Further action on the designation was held until after the completion of the building so that the ordinance photographs could reflect the completed project. The following are the criteria for historic landmark designation that the Council considered in making historic landmark designations (Section 29-25, City of Lubbock Zoning Ordinance). Character, interest or value as part of the development, heritage or cultural characteristics of the City of Lubbock, State of Texas, or the United States. St. Paul's on the Plains Episcopal Church was first located at the southwest corner of 15th Street and Avenue O. Construction on the building was begun in October 1913 and completed sometime in early 1914 at a total construction cost of $2,000. Originally, the front of the building faced east towards Avenue O. In 1927, the building was relocated to 1609 Avenue Q and sited facing west. Extensive additions were made at this time. The present St. Paul's on the Plains Church at Avenue X and 16th Street was built in 1940, and the original building was sold to A. M. Leftwich, Sr. Mr. Leftwich remodeled the building into apartments and removed most of the distinguishing features. Since his death in 1987, the building has fallen into disrepair due to vandalism and a lack of maintenance. 295 City Council Minutes November 13, 1997 Page 296 Recognition as a Recorded Texas Historic Landmark, a National Historic Landmark, or entry into the National Register of Historic Places. n/a Embodiment of distinguishing characteristics of an architectural type or style. St. Paul's Episcopal Church exemplified the Carpenter Gothic substyle of Gothic Revival. Carpenter Gothic buildings are constructed of wood, with gothic arched windows, steeply gabled roofs, buttresses, and other ornamental details. The original St. Paul's structure was a 20-foot by 30-foot wood frame building, with clapboard siding, a gabled roof, Gothic arched windows, double front doors below a Gothic arched window, and false wooden buttresses. A 10-foot by 10-foot rear apse centered on the axis of the main 20-foot by 30-foot building. In 1927, the building was moved to the Avenue Q site and turned around 180 degrees to face to the west. The original west (now east) wall and apse were detached, and a north/south addition was inserted that added length to the sanctuary and Sunday school rooms on the sides. The original Carpenter Gothic details have been determined from historic photographs and internal evidence on the building and will be repaired or replicated as necessary. Identification as the work of an architect, landscape architect, or master builder whose individual work has influenced the development of the city. The source of the design for the building is unknown. The contractors were identified in the October 9, 1913 Avalanche -Journal as "Agnew and Bramlett." This may refer to J. W. Agnew, who was a builder in Lubbock for many years. Embodiment of elements of design, detail, materials, or craftsmanship which represent a significant architectural or landscape architectural innovation. n/a Relationship to other distinctive buildings, sites or areas which are eligible for preservation based on architectural, landscape architectural, historic, or cultural motif. n/a Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural or landscape architectural style. Organized religion played an important role in the Lubbock Community from its first settlement. Baptists, Methodists, and the Church of Christ built church buildings and developed strong congregations by the mid 1910's. The first public Episcopal worship service was held in the Methodist Church in 1905. In 1909, the Episcopal congregation began meeting in the Presbyterian church twice a month. The small Episcopal 296 City Council Minutes November 13, 1997 Page 297 congregation was served by visiting clergy. In May 1910, St. Paul's on the Plains was officially created as a Mission, part of the Missionary District of North Texas. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. n/a Exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, state or United States. n/a Location as the site of a significant historic event. n/a Identification with a person or persons who significantly contributed to the culture and development of the city, state or United States. Among the prominent early members of St. Paul's were the Penney family, Mr. and Mrs. Roscoe Wilson, Dr. and Mrs. C. J. Wagner, Mr. and Mrs. Jed Rix, Mr. and Mrs. Dick Arnett, and Mr. and Mrs. F. R. Friend. A building, structure, or landscape development that because of its location has become of value to a neighborhood, community area, or the city. n/a Value as an aspect of community sentiment or public pride. On its new site at Clapp Park, the old St. Paul's building will have a new life as a meeting facility and wedding chapel available to the entire community. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10032 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (41.) Ordinance No. 10033 - Public hearing to consider amending Chapter 29, Comprehensive Zoning Ordinance, Section 29-3, definitions related to sexually oriented businesses. ORDINANCE NO, 10033 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, THE CITY OF LUBBOCK COMPREHENSIVE ZONING ORDINANCE SECTIONS: 29-3 (82a) DEFINING NUDE, NUDITY, STATE OF NUDITY, SEMI-NUDE, AND SIMULATED NUDITY; 29-3 (103a) DEFINING SEXUALLY ORIENTED BUSINESS; 29-3 (106a) DEFINING SPECIFIED ANATOMICAL AREAS; AND 29-3 (106b) DEFINING SPECIFIED SEXUAL ACTIVITIES. 297 City Council Minutes November 13, 1997 Page 298 Mayor Sitton opened the public hearing at 11:43 a.m. Randy Henson, City Staff Senior Planner, appeared in favor of the amendment. No one appeared in opposition. Mayor Sitton closed the hearing at 11:44 a.m. Several weeks ago the Council amended Section 14 of the Code related to sexually oriented business establishments. The zoning code tracks several of the same definitions and uses of terminology. The proposed amendment of Section 29 (the Zoning Code) is to have both parts of the Code of Ordinances mesh. The proposal is considered routine and as a "clean-up" ordinance. The Planning Commission recommended the revisions. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10033 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (42.) Ordinance No. 10003 - Consider the second of three readings of the 1995 Paving Assessment. ORDINANCE NO, 10003 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST- WEST/NORTH-SOUTH ALLEY ABUTTING LOTS 507 THROUGH 524, MELONIE PARK ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREETS AND AVENUES: 26TH STREET FROM LA SALLE AVENUE TO KEWANEE AVENUE; 66TH STREET FROM FRANKFORD AVENUE TO IOLA AVENUE, AND FRANKFORD AVENUE FROM SPUT 327 TO 50TH STREET; SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF; AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY; AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF; ALLOCATING FUNDS. On August 14, 1997 the City Council conducted a public hearing to consider paving assessments for three streets and one alley and conducted the first of three readings required for the paving assessment ordinance. After the public hearing, the Council made the following decisions relative to these streets and alleys. A. Unit A-461-72 - The east -west alley between 68th Street and 69th Street from Memphis Avenue east to 69th Street. Pave this unit as indicated on the plans and assess the abutting property owners at the calculated rate (90% of the paving cost), if the majority of the owners will sign an agreement stating that they agree to pay an assessment rate equal to the calculated rate. The required agreement has been signed and returned by 67 % of the owners. City Council Minutes November 13, 1997 Page 299 B. Unit 2240-90 - 26th Street from LaSalle Avenue to Kewanee Avenue. Pave this unit as indicated on the plans and assess the abutting property owners at the calculated rate (90 % of the paving cost and 100 % of the curb and gutter cost), if 67 % of the owners will sign an agreement stating that they agree to pay an assessment rate equal to the calculated rate. Only 30% of the owners signed and returned the agreement. C. Unit 2241-08 - 66th Street from Frankford Avenue to Iola Avenue, and Unit 2242-04 - Frankford Avenue from Spur 327 to 50th Street. Assess the abutting property owners at the calculated rate. Bids have been received by the City for constructing paving improvements on the alley and 66th Street, Units A-461-72 and 2241-08. In consideration of the actual bid prices received, the assessment rates for these two units have been reduced from the calculated rate shown at the public hearing. The assessment rate for Frankford Avenue, Unit 2242-04, remains as shown at the public hearing since that rate was based on the existing bid prices. For the second reading, staff recommended the ordinance be considered for approval. This action will delete 26th Street from the program and leave the other units on the program. The assessment rates for the alley and for 66th Street should be reduced to the new calculated rate based on actual bid prices received. At a future meeting the Council will consider the third and final reading of the ordinance and consider a resolution authorizing the Mayor to sign the agreements returned for the alley. Larry Hertel, City Engineer, presented staff comments. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass on second reading Ordinance No. 10003 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (43.) Consider Resolution No. 5703 authorizing the Mayor to execute a contract with HNTB Corporation to perform the "Southwest to Northwest International Trade Corridor Feasibility Study". RESOLUTION NO, 5703 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and HNTB Corporation for Professional Services for the Southwest to Northwest International Trade Corridor Feasibility Study, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. We City Council Minutes November 13, 1997 Page 300 Passed by the City Council this 13th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: /s/ Amv L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution 5703. The City of Lubbock, on behalf of a coalition of corridor supporters, is pursuing corridor studies through Lubbock that originate along the Texas -Mexico border between Del Rio and Brownsville and connect to either IH-70 east of Denver, Colorado or to IH-25 south of Denver, Colorado. The corridor would then proceed north or northwestward to Canada. A task force of supporters in this corridor is being organized by the City to work with federal and state legislators and the Governor's office to develop a program to pursue legislative support. HNTB is to assist the City, and therefore, the Coalition, in assembling the information necessary to select the most promising route in terms of feasibility, need, cost, political feasibility, to suggest a name for the corridor and be available on an as -needed basis to support the Coalition in addressing various other data collection, analysis, economic, and engineering issues as they arise. This contract amount is $161,780. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No. 5703 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (44.) Consider Resolution No. 5704 to authorize LP&L to participate with West Texas Municipal Power Agency (WTMPA) in the financing and construction of a cogeneration plant. Q•Y�����]�Q���rilil:! A Resolution approving a project of the West Texas Municipal Power Agency pursuant to sections 13(b) and (c) of the Power Sales Contract by and between the Cities of Lubbock, Tulia, Brownfield, and Floydada and the Agency and resolving other matters incident and related thereto. City Council Minutes November 13, 1997 Page 301 WHEREAS, pursuant to the Sections 13(a) and 13(b) of the Power Sales Contract (the "Contract") by and between the West Texas Municipal Power Agency ("WTMPA") and the Cities of Lubbock, Tulia, Brownfield, and Floydada (collectively the "Cities"), the City of Lubbock, Texas ("Lubbock") received written notice of the WTMPA's intention to provide funds (through the issuance of Bonds) for the construction of a new 40 megawatt co -generation facility located at the Lubbock Power and Light Plant No. 2 (the "Project"), more specifically described in Exhibit A attached hereto and incorporated herein by reference as a part of this resolution for all purposes; and WHEREAS, in accordance with the provisions of said Contract, Lubbock is required to give the WTMPA written notice of its approval or disapproval of the Project within 60 days after receipt of such notice; and WHEREAS, after reviewing the material and information relating to the Project, including its economic feasibility, and the electric power needs of Lubbock, the City Council of Lubbock hereby finds and determines such Project should be approved and notice should be given to WTMPA of Lubbock's desire that the design and construction of the Project be commenced notwithstanding the approval or disapproval of the Project by any other Cities to the Contract; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. The Project described in Exhibit A attached hereto and incorporated herein by reference for all purposes to be undertaken by WTMPA is hereby approved, and the City Secretary is hereby authorized and directed to forward a copy of this Resolution to the WTMPA as written notice of Lubbock's approval of the Project and of Lubbock's desire that the design and construction of the Project be commenced, and the Agency proceed with the issuance, sale and delivery of bonds to finance the costs of the Project notwithstanding the approval or disapproval of the Project by the Cities of Brownfield, Floydada and Tulia. Furthermore, Lubbock waives its right to receive written notice under section 13(c) of the Contract with respect to which Cities approve or disapprove the Project and request such Project be undertaken and financed by WTMPA, whether one or more of the other Cities disapproved the Project. SECTION 2. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public, and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given all as required by V.T.C.A. Government Code, Chapter 551, as amended. SECTION 3. This Resolution shall be in force and effect from and after its passage on the date shown below and it is so resolved. Passed by the City Council this 13th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary A copy of Exhibit A is filed with Resolution 5704. 301 City Council Minutes November 13, 1997 Page 302 This item was presented to Council at its meeting on October 9, 1997. At that time, a motion was passed to continue this item. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 5704 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Neugebauer voted Nay. (45.) Consider Resolution No. 5705 authorizing the City of Lubbock votes for the candidates for the Lubbock Central Appraisal District Board of Directors. RESOLUTION NO, 5705 WHEREAS, there has been enacted in the State of Texas a Property Tax Code, V.A.C.S., relating to the ad valorem taxation of property; and WHEREAS, the Property Tax Code, V.A.C.S., authorized the establishment of appraisal districts to be governed by a Board of Directors; and WHEREAS, the City of Lubbock is a taxing unit within the District entitled to cast votes for the election of persons to the Board of Directors of the District; and WHEREAS, the City of Lubbock is desirous of casting its votes for the election of persons to constitute the Board of Directors; and WHEREAS, the Chief Appraiser has prepared a ballot of candidates for the Board of Directors and has determined that the City of Lubbock is entitled to cast 1,181 votes in the election of the District's Board of Directors; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1,181 votes of the City of Lubbock are cast for the candidates for the Lubbock Central Appraisal District Board of Directors as follows: NAME W. B. Criswell Eugene Ehler LeRoy Montoya Marland Ribble Richard Spikes NO. OF VOTES 236 236 236 236 237 THAT a copy of this Resolution BE submitted to the Chief Appraiser before November 15, 1997 in order that the votes of the City of Lubbock may be counted. 302 City Council Minutes November 13, 1997 Page 303 Passed by the City Council this 13th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Managing Director, Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Section 6.03 of the Property Tax Code establishes a selection process for appraisal district directors. These directors serve two year terms with the next term beginning January 1, 1998. The process for election of appraisal district directors is not an "election" governed by the Texas Election Code but an independent procedure which is unique to the property tax system. The chief appraiser calculates the number of votes to which each voting taxing unit is entitled and delivers that notice to the appropriate officers of each jurisdiction. Staff received that notice from the Lubbock Central Appraisal District (LCAD), and at its October 9 meeting the City Council approved a resolution nominating W. B. Criswell, Gene Ehler, LeRoy Montoya, Marland Ribble, and Richard Spikes as candidates to be placed on the ballot. These are all current board members who are eligible for re-election. The chief appraiser received director nominations from voting units located within the Lubbock Central Appraisal District and prepared a ballot with the names of those nominated for directors listed in alphabetical order. Before November 15 each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser before November 15. Before December 1 the chief appraiser will count the votes and declare the five candidates with the greatest cumulative number of votes elected. Any tie may be resolved by the chief appraiser by any method of chance. The City of Lubbock has 1,181 votes to cast. As outlined in the resolution, the City of Lubbock's votes are cast as follows: 236 each for W. B. Criswell, Eugene Ehler, LeRoy Montoya, and Marland Ribble, and 237 for Richard Spikes. The number of votes each entity is eligible to cast is based on its percent of the total 1996 tax levy for the Lubbock 303 City Council Minutes November 13, 1997 Page 304 Central Appraisal District. A copy of the 1997 calculation of votes for the Lubbock Central Appraisal District is attached to the resolution. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass Resolution No. 5705 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. (46.) Consider Resolution No. 5706 approving and authorizing publication of (i) notice of intention to issue certificates of obligation and (ii) notice of sale with respect to the sale of $10,260,000 certificates of obligation. A Resolution approving and authorizing publication of (i) notice of intention to issue certificates of obligation, and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A. Local Government Code, Subchapter C of Chapter 271 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Waterworks System, (ii) site development for solid waste disposal, and (iii) professional services rendered in connection with such projects and the financing thereof; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such certificates of obligation in accordance with the procedures set forth in the City's charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $10,260,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City Waterworks System, (ii) site development for solid waste disposal, and (iii) professional services rendered in connection with such projects and the financing thereof, such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's Waterworks System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this Resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2. The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this Resolution for all purposes. 304 City Council Minutes November 13, 1997 Page 305 Passed by the City Council this 13th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Copies of Exhibits A and B are filed with Resolution 5706. The Water pump station rehabilitation ($1,708,840), Southwest Lubbock System main improvements ($4,875,160), and Solid Waste excavation and lining of Cell IA ($3,676,000) were approved in the 1997-98 Capital Projects Budget. A work session on October 23, 1997 briefed City Council members on the projects to be funded and the proposed financing. This resolution authorizes the City Secretary to publish notice, within the manner and time provided by the law and the City Charter, of this council's intention to issue certificates of obligation in the principal amount not to exceed $10,260,000 to finance these projects including all project costs and professional services rendered in connection with same. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5706 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. (47.) Consider Resolution No. 5707 approving and authorizing publication of (i) notice of intention to issue revenue bonds and (ii) notice of sale with respect to the sale of $9,170,000 revenue bonds. RESOLUTION NO 5707 A Resolution approving and authorizing publication of (i) notice of intention to issue revenue bonds, and (ii) notice of sale with respect to such revenue bonds. WHEREAS, the City Council of the City of Lubbock, Texas has determined that revenue bonds should be issued in accordance with the provisions of Articles 1111 et seq. and 2368a, V.A.T.C.S. to finance the cost of making improvements and extensions to the City's Electric Light and Power System; and WHEREAS, prior to the issuance of said revenue bonds, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such revenue bonds in accordance with the procedures set forth in the City's charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 305 City Council Minutes November 13, 1997 Page 306 SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue revenue bonds in the principal amount not to exceed $9,170,000 for the purpose of making improvements and extensions to the City's Electric Light and Power System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A attached hereto and incorporated herein by reference as a part of this Resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fourteen (14) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the revenue bonds. SECTION 2. The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of revenue bonds to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this Resolution for all purposes. Passed by the City Council this 13th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Copies of Exhibits A and B are filed with Resolution 5707. The LP&L improvement projects to be funded were approved in the 1997-98 Capital Projects Budget. A work session on October 23, 1997 briefed council members on the projects and the pending financing requirements. This resolution authorizes the City Secretary to publish notice, within the manner and time provided by the law and by the City Charter, of this council's intention to issue revenue bonds in the principal amount not to exceed $9,170,000 to make improvements and extensions to the City's Electric Light and Power System. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5707 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. (48.) Consider Resolution No. 5708 approving and authorizing publication of (i) notice of intention to issue certificates of obligation, (ii) notice of a public hearing, and (iii) notice of sale with respect to the sale of Tax and Airport Surplus Revenue Certificates of Obligation, Series 1998. RESOLUTION NO, 5708 A Resolution approving and authorizing publication of (i) notice of intention to issue certificates of obligation, (ii) notice of a public hearing, and (iii) notice of sale with respect to such certificates of obligation. 306 City Council Minutes November 13, 1997 Page 307 WHEREAS, the City Council of the City of Lubbock, Texas has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A. Local Government Code, Subchapter C of Chapter 271 for the purpose of paying contractual obligations to be incurred for (i) the purchase of land to expand the "free zone" for the north/south runway expansion at the municipal airport, and (ii) professional services rendered in connection with such project and the financing thereof; and _ WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such certificates of obligation in accordance with the procedures set forth in the City's charter; and WHEREAS, in accordance with the Internal Revenue Code of 1986, as amended, a public hearing on the issuance of such certificates of obligation is required to be held prior to the sale of such obligations if a determination is made such obligations are qualified "private activity bonds" within the meaning of said Code; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $1,330,000 for the purpose of paying contractual obligations to be incurred for (i) the purchase of land to expand the "free zone" for the north/south runway expansion at the municipal airport, and (ii) professional services rendered in connection with such project and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues derived from the ownership and operation of the City's Municipal Airport. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this Resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2. The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this Resolution for all purposes. SECTION 3. Additionally, a public hearing is hereby ordered to be held on December 22, 1997, and the City Secretary is hereby authorized and directed to cause a notice of such public hearing to be published one time in a newspaper of general circulation in the City, the date of publication to be at least fourteen (14) days prior to the date set for the public hearing. The notice of public hearing hereby approved and authorized to be published shall read substantially in the form and content of Exhibit C hereto attached and incorporated herein by reference as a part of this Resolution for all purposes. 307 City Council Minutes November 13, 1997 Page 308 Passed by the City Council this 13th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Copies of Exhibits A, B, and C are filed with Resolution 5708. The airport land purchase project was approved in the 1997-98 Capital Projects Budget. A work session on October 23, 1997 briefed City Council members on the projects to be funded and the proposed financing. This resolution authorizes the City Secretary to publish notice, within the manner and time provided by the law and the City Charter, of this council's intention to issue certificates of obligation in the principal amount not to exceed $1,330,000 to expand the "free zone" for the north/south runway expansion at the Municipal airport and for professional services rendered in connection with same. Internal Revenue code requires a public hearing on -the issuance of this debt, and this hearing is required. -to be held prior to the sale of these certificates. This public hearing may and will be held by City staff. The City Secretary is also directed to publish notice of a public hearing on December 22, 1997 in the manner and time frame prescribed by law. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5708 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. =r , BOARD APPOINTMENTS - Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to confirm all appointments and reappointments of board members. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. (49.) Confirm the reappointment of Donna Armstrong to the Appointments Advisory Board. (50.) Confirm the reappointment of Galen Kunka to the Board of Electrical Examiners. (51.) Confirm the appointment of Jone Fisher and Ronda Langston, and the reappointment of Debbie Hansard, Palmira Hay, Kay Ward, and Wilma Wright to the Committee for Women. (52.) Confirm the appointment of Ida Johnson to the Library Board. City Council Minutes November 13, 1997 Page 309 (53.) Confirm the reappointment of Sue Dickson to the Neighborhood Redevelopment Commission/Urban Renewal Board. The citizens referenced above were selected for service during the City Council meeting on October 23, 1997. (Sue Dickson was selected October 9 but had been unavailable for contact.) They have all been contacted and have agreed to serve. 12:16 P.M. COUNCIL RECESSED INTO EXECUTIVE SESSION 1:48 P.M. COUNCIL RECONVENED 1:50 P.M. COUNCIL ADJOURNED A There being no further business to come before Council, Councilmember Nelson made a motion to adjourn; Councilmember Patterson seconded the motion. Motion carried: 6 Yeas; 0 Nays. Mayor Sitton was not in attendance when council reconvened. 11, City Secretary 71k1d' WINDY StVFON, MAYOR Read and approved this Vh/ day of A , 1997. -, W"'Api kodglo", F/m, 309