Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 12/11/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 11, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of December, 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 Tem Alex Cooke, Councilmember Max Ince, and Councilmember T. J. Patterson. Mayor Sitton stated the Council would be holding an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (Transportation Services; 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 (Fire Department; Parks and Recreation). 8:02 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Transportation Services; 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: Appointments Advisory Board Committee for Women Keep Lubbock Beautiful Advisory Committee 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; Parks and Recreation; Police Department). 9:30 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Discuss changing City Council meeting dates in March, 1998. After discussion, it was decided to leave Council meeting dates in March on the regularly scheduled dates of March 12 and 26, 1998. 333 City Council Minutes December 11, 1997 Page 334 (6.) Presentation of results from Economic Impact Study of Non -Profit Cultural Arts Organizations in Lubbock by Dr. Peter F. Fox, President and CEO of the Texas Alliance for Education and the Arts, and Jim Bob McMillan, Chief Operating Officer of the Texas Alliance for the Arts. (7.) Presentation of the Community Development and Services Board's recommendations for revised policy statements regarding match requirements, decreasing allocations for public service projects, and return of investments for the CDBG, ESG, and HOME programs by Doug Goodman, Director of Health and Community Services. ( 8.) Presentation of Fourth Quarter Financial Update and Investment Report by Anna Mosqueda, Director of Financial Services, and Betsy Bucy, Finance Manager. Due to time constraints, Anna Mosqueda presented a hard copy of the presentation to each councilmember. 10:47 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T. J. Patterson, City Manager Bob Cass, and City Secretary Kaythie Darnell. City Attorney Anita Burgess arrived at 10:52 a.m. Mayor Sitton called the meeting to order at 10:47 A.M. (9.) The Invocation was given by Chuck Williams, Senior Pastor, Live Oak Community Church. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. (11.) Presentation of Special Recognition to the Lubbock Christian University Track and Cross Country Team. Darrell Price, the team's coach, accepted this Special Recognition. The Lubbock Christian University Men's Cross Country team captured their eighth consecutive NAIA National Cross Country Championship on November 15, 1997 in Kenosha, Wisconsin. The runners who helped LCU win its eighth consecutive national title are Seniors Marcos Morillon, Peter Tanul, Case Shay, Ramon Serratos, Daniel Kibungel, Barnabas Menjo, and Gabriel Rop. The Chaparrals have won either their District/Conference or Regional meet the last fourteen years and the NAIA National Championship for the past eight consecutive years. No other cross country team in NAIA history has ever matched the accomplishments of LCU's Cross Country team, winning eight consecutive Cross Country titles. (12.) Presentation of Special Recognition to Maggie Trejo. Maggie Trejo provided dedicated service and commitment to the constituents of District 1 and the entire Lubbock community during her years of service as a Lubbock City Councilwoman. The entire city of Lubbock recognizes the hard work, goodwill, and dedication of Maggie 334 City Council Minutes December 11, 1997 Page 335 Trejo to upholding and promoting the betterment of our community. Maggie Trejo is known for her kindness, her willingness to work to improve Lubbock's quality of life, and her leadership. Maggie Trejo's lifelong commitment to Lubbock has been recognized through the naming of the Maggie Trejo Supercenter. The community of Lubbock appreciates her years of service to Lubbock and wished to recognize her ability to accept and overcome challenges and obstacles in her life. (13.) Presentation of Special Recognition to Lubbock High School in recognition of their "Miracle on 19th Street." Lubbock High School conducted a "Miracle on 19th Street," the uniting of Lubbock High students and faculty, the Overton neighborhood community, and the entire city of Lubbock for a winter luminaria festival. The luminaria festival was developed to bring together people of very diverse backgrounds, united in the holiday spirit, in order to focus on what ties us together rather than on those things which separate us. Representatives of Lubbock High were unable to attend, so Mayor Sitton announced the special recognition. (14.) Presentation of update of activity of the Urban Design and Historic Preservation Commission by Grant Hall, Chair. The Urban Design and Historic Preservation Commission serves as an advisory committee to the Planning and Zoning Commission. This board recommends buildings, structures, sites, districts, areas, and lands within the City which may be eligible for designation as a historic landmark or historic landmark district. The most recent landmark recommended by the Commission is the St. -- Paul's on the Plains Church at Clapp Park, which was designated by the City Council last month. The Commission reviews applications for rehabilitation, renovation or expansion of landmark buildings. It also performs other functions at the direction of the council, including design review of the LP&L Section 3 grant projects. Composition of the eleven member commission is defined by ordinance and requires representation of specific professional groups. (15.) Consider Resolution No. 5714 as follows: A Resolution of the City Council of the City of Lubbock committing the City Council to certain actions regarding the proposed Economic Development Corporation envisioned by the petition calling for the passage of a 3/8 of a cent sales tax for the promotion and development of new and expanded business enterprises within the City of Lubbock. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, COMMITTING THE CITY COUNCIL TO CERTAIN ACTIONS REGARDING THE PROPOSED ECONOMIC DEVELOPMENT CORPORATION ENVISIONED BY THE PETITION CALLING FOR THE PASSAGE OF A 3/8 OF A CENT SALES TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES WITHIN THE CITY OF LUBBOCK. WHEREAS, there has been presented to the City Council of the City of Lubbock a petition to call an election to impose a 3/8 of a cent sales tax for the promotion and development of new and expanded business enterprises within the City of Lubbock; and 335 City Council Minutes December 11, 1997 Page 336 WHEREAS, the petition and state law leave to the discretion of the City Council the specific terms of the Articles of Incorporation of the Corporation and grants to the City Council the ability to regulate certain operational aspects of the Corporation; and WHEREAS, the City Council desires to establish some of the regulations which it intends to place upon the operation of the Corporation; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT upon passage of the 3/8ths cent sales tax the City Council shall establish limitations and rules regulating the operation of the corporation as follows: 1. Article 5190.6 Sec. 25(f) provides: "No issue of bonds, including refunding bonds, shall be delivered by the corporation without a resolution of the governing body adopted no more than 60 days prior to the date of delivery of the bonds specifically approving the resolution of the corporation providing for the issuance of the bonds." As a result of the above provision, the corporation may not issue bonds without the specific approval of the City Council. At no time will the City Council approve the issuance of bonds unless the sale of bonds has been approved by a majority of the voters at an advisory election called for that purpose. 2. Article 5190.6 Sec. 413(c) provides: "The board of directors of a corporation under this section consists of seven directors who are appointed by the governing body of the eligible city for two-year terms of office. A director may be removed by the governing body of the eligible city at any time without cause." As a result of the above provision the City Council determines who shall serve as directors of the Corporation and the manner in which they serve. At no time will the City Council approve the nomination of a member of the City Council or any employee of the City of Lubbock to serve as a director of the corporation. Additionally, the Articles of Incorporation shall provide that Directors of the Corporation shall, to the extent allowed by law, be deemed to be "Local Public Officials" as that terms is defined by Chapter 171 of the Texas Local Government Code and shall abide by the terms of Chapter 171 in all of their dealings with the corporation. 3. That following the expiration of seven years from the date of first collection of the economic development sales tax the City Council shall call an election to allow the voters to determine whether or not the sales tax should continue. Passed by the City Council this I1th day of December, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary This item was placed on the agenda at the request of the Lubbock Citizens for Better Jobs organization. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5714 as presented. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. 336 City Council Minutes December 11, 1997 Page 337 Four citizens expressed comments to the council. They were: Cecil Puryear Mikel Ward Abraham Spires Kevin McMahon CONSENT AGENDA (Items No. 16-41) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (16.) Approval of the minutes of the Regular City Council Meeting of November 20, 1997. (17.) Ordinance No. 10003 - Consider the third and final reading of the 1995 Paving Assessment. 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 November 13, 1997 the City Council conducted the second of three readings required for the paving assessment ordinance for the following streets and alley: A. Unit A-461-72 - The East-West alley between 68th Street and 69th Street from Memphis Avenue east to 69th Street. B. Unit 2240-90 - 26th Street from LaSalle Avenue to Kewanee Avenue. C. Unit 2241-08 - 66th Street from Frankford Avenue to Iola Avenue. D. Unit 2242-04 - Frankford Avenue from Spur 327 to 50th Street. At the second reading of the ordinance 26th Street was deleted, and the assessment rates for the alley and 66th Street were reduced to reflect actual bid prices. 337 City Council Minutes December 11, 1997 Page 338 For the third reading, staff recommended the ordinance be considered for approval. At this meeting the Council also considered a resolution authorizing the Mayor to sign the agreements returned by property owners for the alley (see Item No. 30). (18.) Ordinance No. 10028 - Adopt the 1997 International Plumbing Code with local amendments as the Plumbing Code for the City of Lubbock (second and final reading). 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. (19.) Ordinance No. 10029 - Adopt the 1996 International Mechanical Code with local amendments as the Mechanical Code for the City of Lubbock (second and final reading). 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. (20.) Ordinance No. 10030 - Adopt the 1996 National Electrical Code with local amendments as the Electrical Code for the City of Lubbock (second and final reading). 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. (21.) Ordinance No. 10031 - Adopt the 1997 Uniform Building Code with local amendments as the Building Code for the City of Lubbock (second and final reading). 338 City Council Minutes December 11, 1997 Page 339 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. (22.) Ordinance No. 10034 - Abandon and close a portion of a two -foot underground street light cable easement located in Lot 48, Winniewood Addition to the City of Lubbock (1310 81st Street) (second and final reading). AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A TWO -FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN LOT 48, WINNIEWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (23.) Ordinance No. 10035 - Amend Ordinance No. 10025, Section 5 with regard to commencement of early voting in the January 17, 1998 Special Election (second and final reading). AN ORDINANCE AMENDING ORDINANCE NO. 10025 ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 17, 1998, FOR THE PURPOSE CORRECTING THE DATE UPON WHICH EARLY VOTING SHALL COMMENCE STATED IN SAID ORDINANCE. (24.) Ordinance No. 10037 - Zone Case No. 2804 (3620 26th and 2511 Louisville): Request of Bill W. Cantrell (for Dr. M. D. Mattison) for zoning change from R-1 to R-1 Specific Use for townhomes on Lots 11 and 12, Block 2, Englewood Homes Addition (second and final reading). AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2804: A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR TOWNHOMES ON LOTS 11 AND 12, BLOCK 2, ENGLEWOOD HOMES ADDITION, LUBBOCK COUNTY, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (25.) Consider Ordinance No. 10038 amending Article V, Chapter 3 of the Code of Ordinances of the City of Lubbock by amending Section 3-105 through Section 3-120 to clarify and update the existing ordinance with regard to the regulation of coin -operated machines (first reading). 339 City Council Minutes December 11, 1997 Page 340 AN ORDINANCE AMENDING ARTICLE V, CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 3-105 THROUGH SECTION 3-120 TO CLARIFY AND UPDATE THE EXISTING ORDINANCE WITH REGARD TO THE REGULATION OF COIN -OPERATED MACHINES. The purpose of this ordinance amendment is to clarify and update the existing ordinance with regard to the regulation of coin -operated machines. The changes in the proposed ordinance compared to the existing ordinance are as follows: 1. The requirements for a "business license" and "repair license" are eliminated. 2. The difference between "owner" and "non -licensed owner" is eliminated. 3. The requirement for an operator's permit is changed to make it consistent with the definition found in the zoning ordinance. The language in the ordinance amendment was changed to make it more user friendly. Staff recommended approval of this ordinance. (26.) Consider Resolution No. 5715 authorizing the Mayor to accept water and sewer improvements for Tracts A and B, Windcrest Addition. A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACTS A AND B, WINDCREST ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tracts A and B, Windcrest 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 $222,926.43, with improvements constructed by Utility Contractors of America having a value of $189,671.05, as determined by the unit prices established by said Chapter 28, and $33,255.38 cash paid to the City, with Powers Engineering Group, 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-. 340 City Council Minutes December 11, 1997 Page 341 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 1lth day of December, 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 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 $222,926.43, including value of construction costs of $189,671.05 and $33,255.38 cash paid to the City of Lubbock. The developer, Powers Engineering Group, will not receive a refund. There is no refund of deposit. This subdivision is located south of Clovis Road and west of North Indiana Avenue. Staff recommended acceptance of these improvements. (27.) Consider Resolution No. 5716 authorizing the Mayor to accept water and sewer improvements for Lots 1 through 56, Sunridge Addition. RESOLUTION NO, 5716 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1-56, SUNRIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-56, Sunridge 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 $139,503.95, with the improvements constructed by Utility Contractors of America having a value of $136,740.71, as determined by the unit prices established by said Chapter 28, and $2,763.24 cash paid to the City, with Excel Development Company, the developer, to receive a refund of $85,026.82 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 341 City Council Minutes December 11, 1997 Page 342 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 $85,026.82 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 1lth day of December, 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 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 $139,503.95, including value of construction costs of $136,740.71 and $2,763.24 cash paid to the City of Lubbock. The developer, Excel Development Company, will receive a refund of $85,026.82 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This subdivision is located south of 98th Street and east of Slide Road. Staff recommended acceptance of these improvements. (28.) Consider Resolution No. 5717 authorizing the Mayor to execute a Memorandum of Agreement and a deed for the sale of a 21,871 square foot tract of land out of Tract A, Entrada Del Norte Subdivision of Block 8 and Block 24, Original Town Addition to the Texas Department of Transportation for the East-West Freeway (909 4th Street). 342 City Council Minutes December 11, 1997 Page 343 ROP1111111 HIM512111wiri 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 Memorandum of Agreement and a Deed conveying some 21,871 square feet, more or less, of land out of Tract "A", Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty -Four (24), Original Town Addition, to the City of Lubbock, as recorded by Dedication Deed in Volume 5, Page 385 of the Deed Records of Lubbock County, Texas, in favor of the Texas Department of Highways and Public Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by the City Council this 11th day of December, 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 Copies of the Memorandum of Agreement and Deed are filed with Resolution 5717. The Texas Department of Transportation is in the process of buying right-of-way for the East-West Freeway along 4th Street. The City owns Tract A, Entrada Del Norte Addition which is south of 4th Street and west of Texas Avenue. This property is presently a vacant lot which the City acquired from the Community Development Department when Texas Avenue was re-routed and the property replatted in 1975. The total area of this City -owned property is 71,113 square feet. The State desires to purchase 21,871 square feet of it. The offer from the State for this 21,871 square foot tract is $27,339, or $1.25 per square foot, according to the appraisal written by the State's appraiser, Ramon Esquivel. The City's Right -of -Way Department has reviewed the appraisal of this property and finds it acceptable. This resolution authorizes the Mayor to sign a deed conveying the property and to sign a Memorandum of Agreement with TxDOT regarding the price, condition, occupancy date, and closing instructions. The Right -of -Way Department recommended the sale of this property to TxDOT. (29.) Consider Resolution No. 5718 adopting the Master Drainage Plan and Drainage Criteria Manual. 343 City Council Minutes December 11, 1997 Page 344 WHEREAS, the City Council of the City of Lubbock, Texas, heretofore during November, 1994, authorized and directed the staff of the City of Lubbock to develop a City of Lubbock Drainage Criteria Manual and Master Drainage Plan with citizen assistance; and WHEREAS, it was determined by the City Council that said Manual and Plan were necessary in order to lessen the probability of flood damage to citizens residing near playa lakes and near the overflow routes for those playa lakes which overflow; and WHEREAS, said Drainage Criteria Manual and Master Drainage Plan have been completed by the City staff with citizen assistance; and WHEREAS, said Manual and Plan have been reviewed by various citizen groups with interest in real estate development; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to approve said Drainage Criteria Manual and Master Drainage Plan in the interest of public health, safety and welfare; and WHEREAS, an action item officially adopting said Drainage Criteria Manual and Master Drainage Plan was inadvertently omitted from the City Council agenda on October 9, 1997; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Drainage Criteria Manual and Master Drainage Plan for the City of Lubbock, Texas, both of which are attached hereto and made a part of this Resolution as if fully copied herein, are hereby approved and adopted for use within the City of Lubbock, Texas, effective as of October 9, 1997. Copies of said Manual and Plan shall be placed on file in the office of the City Secretary and the City Engineer for use by the public. Passed by the City Council this 11th day of December, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Copies of the Drainage Criteria Manual and Master Drainage Plan are on file in the City Secretary's Office. 344 City Council Minutes December 11, 1997 Page 345 The Master Drainage Plan, presented to the Council on February 27, 1997, lays the groundwork for establishing the flow rates for the playa lake overflow routes as well as the maximum peak water surface elevations in the developing areas of the City. The Drainage Criteria Manual, presented to the Council on September 11, 1997 by the Drainage Criteria Advisory Committee, establishes the drainage requirements for newly developing and redeveloping areas. This resolution officially adopts both documents by the City of Lubbock. This resolution was inadvertently omitted from the October 9, 1997 City Council meeting. Ordinance No. 10022, passed on October 23, 1997, only cleared up those items which differed between the Master Drainage Plan and Manual and the Code of Ordinances but did not adopt the new documents. Staff recommended approval of this resolution. (30.) Consider Resolution No. 5719 authorizing the Mayor to sign agreements with property owners for the alley paving, Unit Number A-461-72, on the 1995 paving assessment program. RESOLUTION NO. 5719 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 Memorandum of Agreement and a Deed conveying some 21,871 square feet, more or less, of land out of Tract "A", Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty -Four (24), Original Town Addition, to the City of Lubbock, as recorded by Dedication Deed in Volume 5, Page 385 of the Deed Records of Lubbock County, Texas, in favor of the Texas Department of Highways and Public Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by the City Council this 11th day of December, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/Harold Willard Harold Willard, Assistant City Attorney Copies of all Agreements with Property Owners are filed with Resolution 5719. At the August 14, 1997 public hearing for this paving assessment, the Council decided to pave the referenced alley and assess the calculated rate, if the majority of the abutting property owners would execute an 345 City Council Minutes December 11, 1997 Page 346 agreement stating that they were willing to pay their share of the paving cost at the calculated rate. The calculated rate for the property owners is 90 % of the actual construction cost. Agreements were signed and returned by 67 % of the property owners. Staff recommended approval of this resolution. (31.) Consider Resolution No. 5720 accepting paving improvements constructed by Lone Star Dirt and Paving in Sunridge Addition, Lots 1-56. A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirements provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-56, Sunridge Addition, made arrangements with Lone Star Dirt and Paving for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 103rd Street from the East edge of pavement of Slide Road to the West lip line of York Avenue, known and designated as New Subdivision Sub -Unit Number 00 of Unit Number 2038. 102nd Street from the East lip line of York Avenue to 7 feet East of the alley East of Winston Avenue, known and designated as New Subdivision Sub -Unit Number 01 of Unit Number 2038. 103rd Street from the East lip line of Winston Avenue to 7 feet East of the alley East of Wayne Avenue, known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2038. York Avenue from 7 feet North of the alley North of 102nd Street to the end of the cul-de-sac South of 103rd Street, known and designated as New Subdivision Sub -Unit Number 04 of Unit Number 2038. Winston Avenue from 7 feet South of the alley South of 103rd Street to the South lip line of 102nd Street, known and designated as New Subdivision Sub - Unit Number 04 of Unit Number 2038. Winston Avenue from 7 feet North of the alley North of 102nd Street to the North lip line of 102nd Street, known and designated as New Subdivision Sub - Unit Number 05 of Unit Number 2038. Wayne Avenue from 7 feet South of the alley South of 103rd Street to the South lip line of 103rd Street, known and designated as New Subdivision Sub -Unit Number 06 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 346 City Council Minutes December 11, 1997 Page 347 SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this llth day of December, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 1. 103rd Street from Slide Road to York Avenue. 2. 102nd Street from York Avenue to the alley east of Winston Avenue. 3. 103rd Street from Winston Avenue to the alley east of Wayne Avenue. 4. York Avenue from the alley north of 102nd Street to the end of the cul-de-sac south to 103rd Street. 5. Winston Avenue from the alley south of 103rd Street to 102nd Street. 6. Winston Avenue from the alley north of 102nd Street to 102nd Street. 7. Wayne Avenue from the alley south of 103rd Street to 103rd Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (32.) Consider Resolution No. 5721 authorizing the Mayor to execute an Interlocal Agreement between the City of Lubbock and the Texas Transportation Institute to conduct a "Study to Evaluate the Current Condition of the Paved Street System and Recommend a Long Range Maintenance Strategy." 347 City Council Minutes December 11, 1997 Page 348 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and the Texas Transportation Institute for a Study to Evaluate the Current Condition of the Paved Street System and Recommend a Long Range Maintenance Strategy, attached herewith, 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 11th day of December, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Streets Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution 5721. The intent of the proposed study is to help establish the most cost- effective, long-range maintenance strategy for the paved street system of the City of Lubbock. Although the current Pavement Condition Index (PCI) of Lubbock's system is an admirable 88 according to the APWA PAVER evaluation program, the staff of the Street Department sees a need to determine a longer -range maintenance strategy to protect our citizens' investment in this transportation network and to enhance economic development dependent on this system. The consultant will work in cooperation with Street Department staff to provide the following results: 1. Using the current APWA PAVER information and any necessary visual inspections, evaluate the current condition of the paved street system. 2. Although the current procedures/materials appear to be producing very favorable results, evaluate these procedures/materials for possible ways to enhance their cost-effectiveness. 3. Evaluate the cost-effectiveness of the current maintenance strategy, and recommend an optimum annual funding and funding source for this current strategy. KI,1: City Council Minutes December 11, 1997 Page 349 4. Determine future maintenance needs and present a long-range maintenance strategy. 5. Prepare a comprehensive report summarizing the evaluations and recommendations of the study. 6. The consultant will prepare and provide five draft copies of the final report to the Street Department staff for review and possible revisions. 7. After approval of draft copy revisions, the consultant will provide twenty copies of the final report to the Street Superintendent. 8. The consultant, with the assistance of the city staff, will present a comprehensive summary of the final report to the senior city staff and the City Council. Funding for the study will come from the Permanent Street Maintenance Fund and, according to the agreement, shall not exceed $14,987. All aspects of the study will be completed by June 30, 1998. The Street Department recommended approval of this study. (33.) Consider Resolution No. 5722 declaring a public necessity for paving improvements on streets and alleys and directing the City Engineer to prepare plans and specifications for such improvements. 111-4 11 0C A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portions of a street and alleys in the City of Lubbock and along the boundaries thereof be improved as herein provided, to -wit: The East-West, North -South alley between 64th Drive and 66th Street from Memphis Avenue East to 66th Street. The North -South alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Boulevard. East Harvard Street from Ash Avenue to Birch Avenue. SECTION 2. THAT said portions of the above -described street shall be improved by raising, grading and filling same, by installing curbs and gutters, and by installing base material and asphaltic concrete surface or concrete street paving within the street right-of-way, and THAT said portions of the above -described alleys shall be improved by raising, grading and filling same, and by installing a ten (10) foot wide, 5" minimum depth reinforced concrete strip in the center of the alley right-of-way. SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. t City Council Minutes December 11, 1997 Page 350 SECTION 4. THAT such improvements in each unit shall be paid for in the following manner: (a) The abutting property and the owners thereof shall pay and shall be assessed for all the costs of constructing curbs in front of such respective property and a part of the remaining cost of such improvements; provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed ninety percent (90%) of the cost of the improvements plus the cost of the curb; and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate to such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed the benefits. (b) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under subparagraph (a) above shall be paid by the City of Lubbock. 10 19 *163 J11031e (a) The abutting property and the owners thereof shall pay and shall be assessed for a part of the cost of such improvements in the following manner: All property will be assessed ninety percent (90%) of the total construction cost. Said abutting property and the owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate to such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed such special benefits. (b) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under subparagraph (a) above shall be paid by the City of Lubbock. SECTION 5. THAT the amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments, the first of which shall become due on or before twenty (20) days after completion and acceptance by the City Council of the improvements in the unit on which the property abuts; the second, third, fourth and fifth installments shall become due one, two, three and four years respectively after completion and acceptance by the City Council of the improvements in the unit upon which the property abuts, and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent (8 %) per annum on street improvements and eight percent (8%) per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. 350 City Council Minutes December 11, 1997 Page 351 SECTION 6. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneys' fees and costs of collection, if incurred, all under and in accordance with the Charter of the City of Lubbock and amendments thereto, now in force in this City, and in accordance with the provisions of Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code. SECTION 7. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 1Ith day of December, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This resolution is the first of five resolutions required to initiate an assessment paving program. The proposed paving improvements are as follows: A. The east -west, north -south alley between 64th Drive and 66th Street from Memphis Avenue east to 66th Street. B. The north -south alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Boulevard. C. East Harvard Street from Ash Avenue to Birch Avenue. On assessment paving the property owners may be assessed for 90 % of the paving cost and 100 % of the curb and gutter cost. The two alleys were petitioned by abutting property owners requesting the paving improvements. The petition for the alley between 64th Drive and 66th Street was signed by 100 % of the assessable abutting property owners. The petition for the alley between Vicksburg and Wayne was signed by 100% of the assessable abutting property owners. East Harvard was not petitioned by abutting property owners. It is proposed by staff to be paved to resolve a drainage problem and in response to an adjacent property owner's repeated request for paving. Staff recommended approval. 351 City Council Minutes December 11, 1997 Page 352 (34.) Bid #97231 - Automobiles, Vans and Light Trucks (Fleet Services) This bid is for the purchase of automobiles, vans and light trucks for various departments. The Capital Outlay Budget amount for these vehicles is $1,756,700. The low bids are from the following companies: Gene Messer Ford of Lubbock, Texas $625,153.00 Scoggin Dickey of Lubbock, Texas $590,977.00 Shamrock Chevrolet of Lubbock, Texas $307,222.00 Total $1, 523, 352.00 (35.) Resolution No. 5723/Bid #97236 - 98th Street Sewer Main Extension (Water Utilities Engineering) RESOLUTION NO, 5723 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 by and between the City of Lubbock and S. J. Louis Construction, Inc., of Arlington, Texas, to install and furnish all materials and services as bid for the 98th Street Sewer Main Extension, and any associated documents, attached hereto, 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 1lth day of December, 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 llth day of December, 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 352 City Council Minutes December 11, 1997 Page 353 to as OWNER, and S. J. Louis Construction, Inc., of the City of Arlington, County of Tarrant, 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 #97236 - 98TH STREET SEWER MAIN EXTENSION - $1,732,645.00 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. 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/ Mike E. Murphy Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Pam Crable CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: S. J. Louis Construction, Inc. By: /s/ Les V. Whitman PRINTED NAME: Les V. Whitman TITLE: Vice-President/Div. Manager COMPLETE ADDRESS: S. J. Louis Construction, Inc. P. O. Box 202384 Arlington, Texas 76006 This project is for the extension of the sanitary sewer main and is part of the sanitary sewer master plan for Southwest Lubbock. The installation of this sewer main is imperative for the continued growth in the West and Southwest areas of Lubbock. 353 City Council Minutes December 11, 1997 Page 354 The Sewer Capital Project Fund budget amount is $2,250,000. The low bid is $1,732,645 from S. J. Louis of Ft. Worth, Texas. (36.) Bid #97250 - Underground Cable (Central Warehouse) This bid is for the purchase of 7,500 feet of 4/0 AWG copper 19 strand underground cable to be used in serving major three phase underground loads and for maintenance of the underground distribution system. The Electric Facilities and System Improvements Fund budget amount is $18,225.00. The low bid is $17,544.45 from Graybar Electric of Lubbock, Texas. (37.) Bid #97264 - Microscope (Health Department) This bid is for a microscope to be used by the Health Department laboratory for detection of pathogenic organisms in specimen samples. The Equipment Capital Outlay --Other Equipment budget amount is $20,000. This amount is $822.40 short of the budgeted amount, but the difference will be made up with budget transfers from Equipment Maintenance -Other Equipment without the need for any budget increases in the general fund. The low bid is $20,822.40 from NIKON Instrument of Dallas, Texas. (38.) Bid #97270 - Film and Film Processing - Annual Pricing (Print Shop) This bid establishes annual pricing for various types of film and film processing handled through the Print Shop. The bid document specified that the film portion of the bid and the film -processing portion of the bid would each be awarded on an all -or -none basis. The Office Supply Inventory budget amount is $40,881.43. The low bid for film is $22,825.28 from Price Point Supply of Lakewood, New Jersey. The low bid for film processing is $12,516.84 from Photo Magic of Lubbock, Texas. (39.) Bid #97295 - Library Theft Detection and Security System (Library) This bid will provide a theft detection security system for Mahon Library. The new unit will replace a first -generation unit purchased in the late 1970's. With this purchase, the entire library system will have the same capability and flexibility for theft detection system for the various types of library materials. This is a sole -source purchase. 3M has exclusive patents on the processes incorporated into the technology that uses the 3M magnetic markers which have been incorporated into the Lubbock City -County Library books acquired since 1978. The Capital Outlay -Other Equipment budget amount is $21,895. The bid is $21,895 from 3M Library Systems of St. Paul, Minnesota. 354 City Council Minutes December 11, 1997 Page 355 (40.) Bid #97296 - Fiber Optic Transceivers and Controller (Electric Distribution) This bid is for a Fiber Optic Transceiver and Controller that will be used to connect the Advanced Control Systems Remote Terminal Units that are used for control and data acquisition on the new fiber optic system. The recommended vendor is H & L Instruments of North Hampton, New Hampshire at a cost of $22,780. (41.) Bid #97297 - Remote Terminal Units (Electric Distribution) These Remote Terminal Units will replace existing units that are past their life expectancy and are requiring higher repair costs. Replacing these units will enable LP&L to monitor sequence of events and also enable the use of fiber optics. The LP&L Fiber RTU Upgrade budget amount is $140,000. The recommended vendor is Advanced Control Systems of Norcross, Georgia at a cost of $82,478. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA (42.) Ordinance No. 10036 - Zone Case No. 2673-A (2555 and 2603 34th Street): Request of Don Parks (for Car City) for zoning change from C-3 and C-4 to C-4 for secondhand or used car sales lot, garage and public repair on Lots 9 and 10, Block 1, Kinser Addition and Lots 1 and 2, Block 1, Lisemby Addition (second and final reading). AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2673-A: A ZONING CHANGE FROM C-3 AND C- 4 TO C-4 ZONING FOR A SECONDHAND OR USED CAR SALES LOT, GARAGE AND PUBLIC REPAIR ON LOTS 9 AND 10, BLOCK 1, KINSER ADDITION AND LOTS 1 AND 2, BLOCK 1, LISEMBY ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Cooke to pass on second and final reading Ordinance No. 10036 as recommended by staff. Motion carried: 4 Yeas, 3 Nays. Mayor Sitton, Councilmember Nelson, and Councilmember Patterson voted Nay. (43.) Hold a public hearing to receive input concerning the adoption of an ordinance to nominate an area of the city as a state designated -- enterprise zone and to designate a reinvestment zone. Prior to beginning the public hearing, Kevin Walker, Business Liaison Manager, presented staff comments. Mayor Sitton opened the public hearing at 11:45 a.m. No one appeared in favor of the proposal. Mikel Ward appeared in opposition. Mayor Sitton closed the hearing at 11:52 a.m. 355 City Council Minutes December 11, 1997 Page 356 Background/Discussion and Summary/Recommendation for this item are included in Item No. 44 below. (44.) Consider Ordinance No. 10039 of the City Council of the City of Lubbock, Texas nominating an area as an enterprise zone pursuant to the Texas Enterprise Zone ACT (Texas Government Code, Chapter 2303); providing tax incentives; designating an authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as an enterprise zone and a _ reinvestment zone (Texas Tax Code, Chapter 312); and further designating a liaison to act on all matters pertaining to the Enterprise Zone Act once designated by the Texas Department of Economic Development. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 312); AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT. The Lubbock International Airport (LIA) enterprise zone is one element of a master plan, being developed by Market Lubbock, Inc. and LIA, to promote development of an industrial park at the airport. This location has the advantage of the convergence of air, rail, and interstate highway transportation. LIA has received substantial funding from the Economic Development Administration (EDA) for the railspur to be located in the industrial park. Market Lubbock, Inc. is providing the local match for the EDA grant. The area meets the criteria for designation of an enterprise zone: Land Area: Max. 20 sq. miles LIA Zone: 10.3 sq. miles Poverty Rate: Minimum: 20%: LIA Zone: 38.4% Unemployment Rate: Minimum: 8.4% LIA Zone: 9.2% In order for the City of Lubbock to nominate the area as a state designated enterprise zone and reinvestment zone, there must first be a public hearing held for citizen input. Once the public hearing is concluded, an ordinance must be passed nominating the area for designation as an enterprise zone and reinvestment zone. Designation of the area as a state designated enterprise zone and reinvestment zone will assist with the development of the industrial park at Lubbock International Airport. This ordinance will fulfill the requirements of the law on nominating the area for designation. Staff recommended approval of the ordinance nominating the Lubbock International Airport Enterprise Zone. 356 City Council Minutes December 11, 1997 Page 357 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10039 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (45.) Consider Resolution No. 5724 establishing priorities for savings resulting from the West Texas Municipal Power Agency Generation Project. RESOLUTION NO, 5724 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT any savings derived as a result of the West Texas Municipal Power Agency electric generation project will, to the extent possible, be expended according to the following priorities. 1) Accelerated repayment of debt associated with the WTMPA electric generation project. A determination to expend funds in this regard will be made after an analysis of outstanding bonds and interest rates due to market fluctuations and economic feasibility. 2) Capital projects which would otherwise qualify for long term debt issuance. 3) Contingencies related to deregulation and market fluctuations. Passed by the City Council this 1Ith day of December, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On November 13, 1997 the City Council authorized LP&L to participate in a generation project with West Texas Municipal Power Agency. The savings resulting from the efficiencies provided by the new technology of this project are estimated to average $4 million per year over the life of the project. The City Council discussed on that occasion the possibility of designating the application of the savings from this project. This resolution provides three areas of prioritizing the savings from this project. 357 City Council Minutes December 11, 1997 Page 358 1. Accelerate the repayment of debt depending on the circumstances surrounding the market. 2. Funding of Capital Projects that would have otherwise required additional debt. 3. Contingencies related to deregulation and market fluctuations. Staff concurs with the City Council that the savings derived from this project should be applied in the most prudent method available. Staff believes that these three priorities should accomplish the wishes of the City Council on this matter. Staff recommended approval of the resolution designating and prioritizing the savings from the West Texas Municipal Power Agency Generation Project. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5724 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (46.) Consider Resolution No. 5725 authorizing the Mayor to execute a Supplemental Grant Agreement by and between the City of Lubbock and Market Lubbock Economic Development Corporation. RESOLUTION NO, 5725 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 Supplemental Grant Agreement, by and between the City of Lubbock and Market Lubbock Economic Development Corporation, attached herewith, 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 1Ith day of December, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Supplemental Grant Agreement is filed with Resolution 5725. 358 City Council Minutes December 11, 1997 Page 359 The City of Lubbock approved $800,000 in the FY 97-98 budget in supplemental grant funds for Workforce Development at the Advanced Technology Center. Market Lubbock, Inc. was the conduit for the supplemental grant to be used to further promote local economic development and to stimulate business and commercial activity within Lubbock. Staff recommended approval of the resolution authorizing the Mayor to execute the Supplemental Grant Agreement. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass Resolution No. 5725 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. (47.) Consider Resolution No. 5726 authorizing the Mayor to sign a pre - application and application for a grant from the Economic Development Administration in the amount of $525,465.00 for design, engineering, and construction of a water line and sewer line with a lift station at Lubbock International Airport Industrial Park. 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 Pre -Application and Application for a Grant from the Economic Development Administration in the amount of $525,465.00 for funding of design, engineering, and construction of a water line and a sewer line with a lift station being the necessary infrastructure required to develop the Lubbock International Airport Industrial Park, attached herewith, and any associated documents, which Pre -application 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 1lth day of December, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR Copies of the Pre -Application and Application for Grant are filed with Resolution 5726. 359 City Council Minutes December 11, 1997 Page 360 The development of the Lubbock International Airport Industrial Park is underway with the initial Economic Development Administration (EDA) grant for design, engineering, and construction of the Industrial Park and rail spur. Two additional components are necessary infrastructure required to continue the development of the Industrial Park. These two components are a water line and sewer line with a lift station. EDA funding is available for the project through their Title 9 Public Works program. Staff recommended approval of the resolution authorizing the Mayor to sign the pre -application and application to the Economic Development Administration. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5726 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (48.) Consider Ordinance No. 10040 authorizing the issuance of "City of Lubbock, Texas Electric Light and Power System Revenue Bonds, Series 1998" in the amount of $9,170,000 and all related documents. 1_9_0 10._ C W1 1 01 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1998"; PRESCRIBING THE FORMS, TERMS, AND PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO AND THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 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. On November 13, 1997 City Council passed a resolution authorizing 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. This action is one action in a series of actions necessary to execute City Council's intent to issue these revenue bonds. Staff recommended approval of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10040 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. c.1 City Council Minutes December 11, 1997 Page 361 (49.) Consider Ordinance No. 10041 authorizing the issuance of "City of Lubbock, Texas Tax and Airport Surplus Revenue Certificates of Obligation, Series 1998" in the amount of $1,330,000 and all related documents. 1 A ,• 1 II• AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1998"; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND PROVIDING FOR A PLEDGE OF THE SURPLUS REVENUES OF THE CITY'S AIRPORT FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND DETAILS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. 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. On November 13, 1997 City Council passed a resolution authorizing 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. The City Secretary was also directed to publish notice of a public hearing on December 22, 1997, to be conducted by City staff, in the manner and time frame prescribed by law. This action is one action in a series of actions to execute City Council's intention to issue these certificates of obligation. Staff recommended approval of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10041 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (50.) Consider Ordinance No. 10042 authorizing the issuance of "City of Lubbock, Texas Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1998" in the amount of $10,260,000 and all related documents. City Council Minutes December 11, 1997 Page 362 I,IhL, NI III AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1998"; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. The Water pump station rehabilitation ($1,708,840), Southwest Lubbock System main improvements ($4,875,160), and Solid Waste excavation and lining of Cell 1A ($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. On November 13, 1997 the City Council approved a resolution to authorize 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. The first reading of the ordinance is one action in a series of actions to execute City Council's intent to issue these certificates of obligation. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10042 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm all appointments and reappointments of board members. Motion carried: 7 Yeas, 0 Nays. (51.) Confirm the appointment of Sue Crowson, Sondie Mateja, Helen Edgar, Chuck Keeton, Kerry Miller, and Evelyn Lehman and the reappointment of Greg Garrett, Alex Scarborough, and Judy Womack to the Keep Lubbock Beautiful Advisory Committee. (52.) Confirm the reappointment of Mike Moss to the Structural Standards Commission. The citizens referenced above were selected for service during the City Council meeting on November 13, 1997. They have all been contacted and have agreed to serve. 12:00 P.M. COUNCIL RECESSED FOR LUNCH 12:53 P.M. COUNCIL RECONVENED 362 City Council Minutes December 11, 1997 Page 363 12:55 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Ince made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 5 Yeas; 0 Nays. Councilmember Hernandez and Councilmember Patterson were not present when council reconvened. ATTEST: Kayt i Darnell, City Secretary Read and approved this la/h day of ?ZCC �L�i� , 1995. WINDY S A OR ATTEST: Kay th' arnell, City Secretary 363