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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/12/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING July 12, 2001 7:30 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of July, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson and Councilmember T.J. Patterson Absent: No one was absent. CITIZEN COMMENTS Jim McClain, President of South Plains Bowling Association and manager of Brunswick Bowl, spoke referencing nonsmoking and league bowling. He offered amendments to the no smoking ordinance. He was concerned the no smoking ordinance would discourage the bowlers from participating in leagues and the opportunity of tournament bowling occurring in Lubbock. He made suggestions of filtering the air for several hours before letting the general public use the facilities. Tony Schronce, manager of Classic Lanes, also voiced these same _ concerns. He stated a high percentage of the bowlers stated they would not come back if the no smoking ordinance prevailed. He was worried about whether his bowling alley would survive. David Cea, President of the Lubbock Restaurant Association, spoke to the Council. He stated he opposed more restrictions on the restaurant owners to serve their customers as they see fit. His partner, Loyd Turner, Councilmember McDougal and himself have worked with the Ad Hoc Committee, concerned citizens and City Attorney Anita Burgess in clarifying the ordinance to make it easier to understand. He urged the restaurant association and the new president to educate the local restaurants on how to peacefully comply with the issues. He thanked each of the groups that he had worked with on this matter. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); to deliberate, vote and take final action on a contract related to fuel management services; pending or contemplated litigation (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 (Electric Utilities; Fire Department; Aviation; Water Utilities). Regular City Council Meeting July 12, 2001 Page 2 7:45 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. Councilmember Nelson's birthday was recognized by Council. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Water Utilities). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Airport Board Appointments Advisory Board Board of Electrical Examiners Building Board of Appeals Citizens Traffic Commission Keep Lubbock Beautiful Planning and Zoning Commission Public Transit Advisory Board (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Electric Utilities; Fire Department; Aviation; Water Utilities). 9:37 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. The members acknowledged Councilmember Nelson's birthday. (6.) Presentation regarding the displaying of the Vatican Exhibition at Texas Tech University Museum in the summer of 2002. Father Malcomb Neyland (20 minutes) The Rev. Malcomb Neyland, judicial vicar of the Tribunal Diocese of Lubbock and the Director of the Vatican Exhibition, made a presentation to Council regarding the upcoming exhibition, scheduled to be on display at Texas Tech University Museum between June 1, 2002 and September 15, 2002. The exhibition will feature medieval frescoes that have never been displayed for the public. After the viewing, the frescoes will be returned to the Vatican Museum and will not be made available for viewing again until 2025. This unprecedented exhibit will bring a tremendous number of visitors and media attention to Lubbock. Father Neyland showed a 10-minute video, made very brief comments and then allowed time for questions from the Council. 10:05 A.M. WORK SESSION RECESSED 2 Regular City Council Meeting July 12, 2001 Page 3 10:35 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one was absent. Mayor Sitton called the meeting to order at 10:35 A. M. ( 7.) Pastor John Donnerberg, First Church of the Nazarene gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Culture and Arts Commission Receiving: Kerry Sessions -Griffith Public Transit Advisory Board Receiving: Ronald Phillips CITIZEN APPEARANCES ( 9.) Presentation of a special recognition to the Sakurambo Shotokan Karate -Do Academy to recognize their outstanding performance at the AAU National Tournament. The Sakurambo Shotokan Karate-DoAcademy has been located at the Wilson Boys' and Girls' Club for over two years. The special needs and low-income youth participating in this program are between the ages of 5 and 16. The Academy took 21 youth to the regional tournament in May and 12 youth to the Amateur Athletics Union National Tournament in New Orleans in June. All twelve youth participating in the National Tournament placed in the top eight of their division and received medals and ribbons. There were approximately 4,000 youth participating in this event. A presentation of a special recognition was made to the Sakurambo Shotokan Karate -Do Academy recognizing their outstanding performance at the AAU National Tournament. Debbie Sturtevant, Sensei (teacher), accepted the special recognition. Members of the Academy were present for a photograph. (10.) Presentation of a special recognition to Eric Strong, director of the Upward Bound program, for his efforts to bridge the digital divide for Lubbock Seniors from the Trejo and Simmons Senior Centers. Last year Council directed staff through the Lubbock City Council Goals/Strategies March 2000 to "Close the digital divide" by involving learning institutions and corporate sponsors." After the necessary upgrades to the Maggie Trejo Supercenter Computer Learning Lab all computers were connected to the Internet. Classes began January 2001. Eric Strong, director of the Upward Bound program, approached Ron Lewis and staff of the Parks and Recreation Department from the Trejo and Simmons Community/Senior Centers about a partnering opportunity. Regular City Council Meeting July 12, 2001 Page 4 Mr. Strong proposed that Upward Bound students (students from area high schools) help to instruct seniors on the use and operation of computers. Eleven seniors participated in the program and successfully passed a proficiency test. As an incentive to participate in the three-week summer program each senior received a personal computer for his or her residence. Texas Tech University College of Engineering along with Coca-Cola donated the Internet -ready computers to each participant. This is one more successful partnership that has been forged in our community in an effort to bridge the digital divide. The pairing of Lubbock seniors with Lubbock youth will eventually provide the necessary transfer of skills, experiences, and resources to bridge the digital divide. Seniors learned more about computers and students learned more about life through the eyes of one another. A presentation of a special recognition was made for the Upward Bound program. Eric Strong, Director, accepted the proclamation and introduced Dr. John Chandler, TTU College of Engineering. Richard DeLeon, a senior citizen from the Trejo Center, expressed his gratitude for the opportunity of learning computer skills and working closely with the young people. One of the students, Rodney Guyton, explained how much it meant to the young people to work with and learn life lessons from the seniors. CONSENT AGENDA (Items Nos. 11, 13-29, 31-44) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve Items No. 11, 13-29, 31-44 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of Minutes: June 14, 2001 Regular City Council Meeting Next item to be considered was Item No. 13. (12.) ORDINANCE #2001-00043-Authorizing the issuance of $9,200,000 "City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 2001" and all necessary documents related to the issuance (second and final reading). ORDINANCE NO. 2001-00043 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 2001"; 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 a Purchase Contract; and providing an effective date. Andy Burcham spoke for the staff and introduced Vince Viali, First Southwest, Ed Esquivel, bond council for the City and Beverly Hodges, new Finance Director for the City. Mr. Viali explained that the City of Lubbock received very high ratings within the different areas used to determine interest on bonds. He introduced Gary Evans with Prudential, a company which was a part of the syndicate that made up the party that 0 Regular City Council Meeting July 12, 2001 Page 5 sold the bonds. The Council was given handouts explaining how and why the high ratings and good interest rates were received by the City Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on the second and final reading of Ordinance #2001-00043. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 45. (13.) ORDINANCE #2001-00047-Abandoning and closing a portion of 68th Street adjacent to the South Plains Church of Christ Addition to the City of Lubbock (6802 Elkhart) (second and final reading). ORDINANCE NO. 2001-00047 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 68TH STREET LOCATED IN SECTION 27, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (14.) ORDINANCE #2001-00049-ZONE CASE NO. 2910 (2618-2620 Auburn): Request of Maggie Trejo (for Community Housing Resource Board) for a zoning change from R-2 to A-1 limited to three duplexes, on the south 132.5 feet of the east 90 feet of Block 61 and the west 50 feet of the south half of Block 62, Arnett -Benson Addition (second and final reading). ORDINANCE NO. 2001-00049 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2910; A ZONING CHANGE FROM R-2 TO A-1 LIMITED TO THREE DUPLEXES ZONING ON SOUTH 132.5 FEET OF THE EAST 90 FEET OF BLOCK 61 AND THE WEST 50 FEET OF THE SOUTH HALF OF BLOCK 62, ARNETT-BENSON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) ORDINANCE #2001-00050-ZONE CASE NO. 1947-D (northwest corner of 32nd and Frankford Avenue): Request of Michael R. Postar for a zoning change from A-1 to C-4 Specific Use for a self - storage facility on an unplatted 7-acre tract of land out of Section 44, Block AK (second and final reading). ORDINANCE NO. 2001-00050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1947-D; A ZONING CHANGE FROM A-1 TO C-4 SPECIFIC USE ZONING ON AN UNPLATTED 7-ACRE TRACT OF LAND OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE #2001-00051-ZONE CASE NO. 2912 (102, 104, 105, 106, 107 and 108 East 75th Street): Request of Steve and Barbara Manahan and Julian and Nancy Martinez for a zone change from R- 1 to R-1 Specific Use (residential estates) on Lots 13 and 14, Block 1 5 Regular City Council Meeting July 12, 2001 Page 6 and Lots 7, 8, 9 and 10, Block 2, Smithlawn Heights Addition (second and final reading). ORDINANCE NO. 2001-00051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2912; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON LOTS 13 AND 14, BLOCK 1 AND LOTS 7, 8, 9 AND 10, BLOCK 2, SMITHLAWN HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE #2001-O0052-ZONE CASE NO. 934-F (5605 Villa Drive): Request of Bob Jordan for a zoning change from C-4 (limited to offices) to C-4 (limited to gamerooms, bars and all unconditionally permitted C-3 uses) on Tracts E-35 through E-42, C.N. Hodges Resub Addition (second and final reading). ORDINANCE NO. 2001-00052 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 934-F; A ZONING CHANGE FROM C-4 (LIMITED TO OFFICES) TO C-4 ZONING (LIMITED TO GAMEROOMS, BARS AND ALL UNCONDITIONALLY PERMITTED C-3 USES) ON TRACTS E-35 THROUGH E- 42, C.N. HODGES RESUB ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE #2001-O0053-ZONE CASE NO. 2719-A (8001 University Avenue): Request of Paul P. Fields (for Quick Quack Express Car Wash) for a zoning change from C-2 to C-3 on Tract D, Oak Park Addition (second and final reading). ORDINANCE NO. 2001-00053 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2719-A; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON TRACT D, OAK PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE #2001-00054-ZONE CASE NO. 2913 (north of 82nd Street and east of Avenue P): Request of Ed Bucy (for the City of Lubbock) for a zoning change from R-1 to R-2 on unplatted LCAD tracts A-2-A, A-3-A, A-6, A-7, A-7-D, A-7-C, A-7-11, A-7-C-1, A-7-A in Section 5, Block E and Lots 89-100, Winniewood Addition (second and final reading). ORDINANCE NO. 2001-00054 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2913; A ZONING CHANGE FROM R-1 TO R-2 ZONING ON UNPLATTED LCAD TRACTS A-2-A, A-3-A, A-6, A-7, A-7-D, A-7- C, A-7-13, A-7-C-1, A-7-A IN SECTION 5, BLOCK E AND LOTS 89-100 WINNIEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. on Regular City Council Meeting July 12, 2001 Page 7 (20.) ORDINANCE #2001-O0055-ZONE CASE NO. 2903-A (108th Drive west of University): Request of Burl W. Masters (for Sunrise Development) for a zoning change from R-2 to R-1 Specific Use for garden homes and a reduced front setback on Lots 145-A through 200, Sunrise Estates Addition (second and final reading). 7 Regular City Council Meeting July 12, 2001 Page 8 ORDINANCE NO. 2001-00055 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2903-A; A ZONING CHANGE FROM R-2 TO R-1 SPECIFIC USE ZONING ON LOTS 145-A THROUGH 2O0, SUNRISE ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) ORDINANCE #2001-00056-ZONE CASE NO. 2832-A (northeast corner of 82nd Street and Avenue U): Request of Hugo Reed and Associates, Inc. (for Lubbock Land Company) for a zoning change from R-1 Specific Use to R-1 Specific Use for a reduced front and side setback on an unplatted 12.4 acre tract of land out of the southeast quarter of Section 4, Block E (second and final reading). ORDINANCE NO. 2001-00056 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2832-A; A ZONING CHANGE FROM R-1 Specific Use TO R-1 SPECIFIC USE ZONING ON AN UNPLATTED 12.4 ACRE TRACT OF LAND OUT OF THE SOUTHEAST QUARTER OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) ORDINANCE #2001-00057-ZONE CASE NO. 2914 (north of 74th Street and east of Upland Avenue): Request of Greg Garrett (for Morgan Baker) for a zoning change from T to C-4 Specific Use for a secondhand or used car sales lot and body shop with screened, outdoor storage on an unplatted 3.1 acre tract out of Section 30, Block AK (second and final reading). ORDINANCE NO. 2001-00057 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2914; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE ZONING FOR A SECONDHAND OR USED CAR SALES LOT AND BODY SHOP ON AN UNPLATTED 3.1 ACRE TRACT OUT OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (23.) ORDINANCE #2001-00058-ZONE CASE NO. 1196-D (2202 Indiana and 3409-3411 22nd Street): Request of Parkhill, Smith and Cooper, Inc. (for First Bank and Trust Co.) for a zoning change from C-2A and RI to AM Specific Use for a bank/office on Lots 2-6, Block 2, Squyres Place Addition (second and final reading). ORDINANCE NO.2001-00058 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1196-D; A ZONING CHANGE FROM C-2A AND R-1 TO AM SPECIFIC USE ZONING FOR A BANK/OFFICE ON LOTS 2-6, BLOCK 2, SQUYRES PLACE ADDITION, LUBBOCK, TEXAS; Regular City Council Meeting July 12, 2001 Page 9 PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (24.) Ordinance No. 2001-00059 abandoning and closing an alley in the Drive -In Subdivision to the City of Lubbock (5710 I-27) (first reading). ORDINANCE NO. 2001-00059 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN — ALLEY LOCATED IN THE DRIVE IN SUBDIVISION 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. This ordinance abandons and closes a 15-foot east -west alley in the Drive -In Subdivision. This alley is located just west of I-27 between 57th Street and 58th Street and is being closed for replat purposes. The total area being closed is 3,234 square feet. They will not be charged for this alley closure since they are dedicating additional right-of-way for 58th Street and a 20-foot underground utility easement. All utilities are in agreement with this closure. This same alley area went to first reading as ordinance 2000-00058 on October 12, 2000 and was to include the closure of 57th Street, but fell through due to landowner disagreements. This new alley closure ordinance closes some additional alley area that the first alley closure ordinance did not. The Right -of -Way Department recommended the first reading of this ordinance. (25.) Resolution No. 2001-RO278 authorizing the Mayor to execute a Memorandum of Agreement for a deed for the sale of a 7,264 square foot portion of land out of Lot 1, Block 1, Memorial Center Addition of Lubbock to the Texas Department of Transportation for the Marsha Sharp Freeway (aka East-West Freeway) (1401 4th Street). RESOLUTION NO. 2001-RO278 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 a tract containing 7,264 square feet out of Lot One (1), Block One (1), Memorial Center Addition to the City of Lubbock, 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 12th day of July, 2001 /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 0 Regular City Council Meeting July 12, 2001 Page 10 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Supervising Attorney/Office Practice The Texas Department of Transportation is in the process of buying right-of-way for the Marsha Sharp Freeway along 4th Street. The City owns Lot 1, Block 1, Memorial Center Addition, that is at the southeast corner of 4th Street and Avenue O. TxDOT wants to purchase a 7,264- square foot portion of land along the north side of Lot 1. The width of this taking at its widest point is 10.00 feet and the length is approximately 915 feet, east to west. Leonard P. Berger appraised this property for $30,000. This equates to $4.15 per square foot. The Right -of Way Department has reviewed the appraisal of this property and finds it acceptable. This resolution authorizes the Mayor to execute a deed conveying the property and to execute 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. (26.) Resolution No. 2001-RO279 authorizing the Right -of -Way Department to make an offer to the Market Lubbock Economic Development Corporation for acreage needed for a fee simple taking in Section 38, Block D, Lubbock County, for the Lubbock International Airport Railroad Spur project (north of the Airport). RESOLUTION NO. 2001-RO279 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for a Lubbock International Airport Railroad Spur Track; and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tract of land further described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being the Market Lubbock Economic Development Corporation BE offered through the Right -of -Way Department of the City of Lubbock, the appraised value and total damages of $5,151.30, for the fee simple title and acquisition of 7.359 acres, for the purposes herein stated. Unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate for public and municipal purposes. 10 Regular City Council Meeting July 12, 2001 Page 11 Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Supervising Attorney/ Office Practice A copy of Exhibit "A" is filed with Resolution No. 2001-R0279. This acreage is needed for an additional railroad spur track just north of the Lubbock International Airport. Market Lubbock recently acquired approximately 300 acres from the Gentry Estates and sold the City a 7.721 acre tract for a spur track. An additional spur track is also planned and this resolution will authorize the Right -of -Way Department to make an offer to Market Lubbock for this new track area. The acreage needed is 7.359 acres. The appraiser used $700 as his per acre price. 700 X 7.359 acres = $5,151.30. This would be our offer to Market Lubbock. The Right -of -Way Department recommended approval of this resolution. (27.) Resolution No. 2001-RO280 declaring a public necessity for paving improvements on alleys and directing the City Engineer to prepare plans and specifications for such improvements. RESOLUTION NO. 2001-R280 A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF 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 alleys in the City of Lubbock and along the boundaries thereof be improved as herein provided, to -wit: Alley between 10`' Street and 11' Street from Salem Avenue to Quaker Avenue; Alley between 56`' Street and 57`' Street from Memphis Avenue to Nashville Avenue; Alley between 85`' Street and 86`' Street/Oxford Avenue from 85`h Street to Oxford Avenue; 11 Regular City Council Meeting July 12, 2001 Page 12 Alley between 77`h Street/York Avenue and 78`' Street/Zoar Avenue from Slide Road to 79' Street. Alley between 81h Street and 9`h Street from Salisbury Avenue to Salem Avenue. SECTION 2. THAT said portions of the above -described alleys shall be improved by raising, grading and filling same, and by installing a ten foot (10') wide, five inch (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. SECTION 4. THAT such improvements shall be paid for in the following manner: (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, 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. 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 Subchapter D of Chapter 314 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 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR 12 Regular City Council Meeting July 12, 2001 Page 13 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney This resolution is the first of five resolutions required to initiate an assessment paving program. The proposed paving improvements are as follows: East-West alley between loth Street and 1lth Street from Salem Avenue to Quaker Avenue East-West alley between 56th Street and 57th Street from Memphis Avenue to Nashville Avenue U-Shaped alley between 85th Street and 86 th Street/Oxford Avenue from 85th Street to Oxford Avenue U-Shaped alley between 77th Street/York Avenue and 78th Street/Zoar Avenue from Slide Road to 79th Street East-West alley between 8th Street and 9th Street from Salisbury Avenue to Salem Avenue. On alley assessment paving the property owners may be assessed for 90 % of the total construction cost. The five alleys were petitioned by abutting property owners requesting the paving improvements. The petition for the alley between loth Street and llth Street was signed by 86% of the assessable abutting property owners. The petition for the alley between 56th Street and 57th Street was signed by 81 % of the assessable abutting property owners. The petition for the alley between 85th Street and 86th Street/Oxford Avenue was signed by 80% of the assessable abutting property owners. The petition for the alley between 77th Street/York Avenue and 78th Street/Zoar Avenue was signed by 64% of the assessable abutting property owners. The petition for the alley between 8th Street and 9th Street was signed by 85 % of the assessable abutting property owners. Staff recommended approval of this resolution. (28.) Resolution No. 2001-R0281 approving recommendations from the Lubbock Arts Alliance, Inc., for the second of two grant periods for 2001/02. 13 Regular City Council Meeting July 12, 2001 Page 14 RESOLUTION NO. 2001-RO281 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorized and approves for and on behalf of the City of Lubbock, the Arts Alliance to award all of the second period grants for 2001 recommended by the Lubbock Arts Alliance Grants Review Committee. The letter, dated January 22, 2001, from the Lubbock Arts Alliance requesting approval of the second period grants is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Letter is filed with Resolution No. 2001-R0281. On April 12, 2001 the Lubbock City Council approved an agreement to pay the Lubbock Arts Alliance, Inc. $ 146,797. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts. The funds represent seven percent of the hotel/motel tax collected during the fiscal year ended September 30, 2000. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee follows guidelines that were approved as part of the April 12, 2001 agreement. The grants review committee, composed of appointments by City Council and representatives of the Lubbock Arts Alliance, evaluates applications and submits their recommendations to the City Council for approval. The Lubbock City Council is now asked to approve $61,720 in grant awards for the second grant period for 2001/02. Sixteen applications were received on the June 1, 2001 deadline and all are recommended for full or partial funding. Enclosed in your agenda backup is a listing of the recommendations from the Lubbock Arts Alliance Grants Review Committee. Lubbock Arts Alliance, Inc. recommended approval of the grants' award. (29.) Resolution No. 2001-RO282 authorizing the Mayor to execute a sales and maintenance contract with Southwestern Bell Telephone Company for the equipment, installation and maintenance of a SONET network to include three additional sites. RESOLUTION NO. 2001-RO282 14 Regular City Council Meeting July 12, 2001 Page 15 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, by and between the City of Lubbock and Southwestern Bell Telephone Company, Amendment No. 1 to Sales Agreement for Communications Network Equipment and Services, dated May 15, 2000, for purchase of communications equipment and services, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 15 Regular City Council Meeting July 12, 2001 Page 16 Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Managing Director of Information Technology APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2001-R0282. In December 2000, Information Technology completed Phase I of the Communications Infrastructure project, which connected Municipal Square to the Fire Administration complex using SONET technology. The current phase will create a redundant, survivable communications ring (meaning if fiber were cut between two SONET nodes, the transmission path would reverse with no loss of communication). It would also provide high-speed voice, video and data services to other locations, as well as release more fiber back to LP&L. The cost for this phase of the Communications Infrastructure Project implementation is $183,708.55. This will connect three additional SONET nodes at Municipal Hill, Cooke Generation Plant, and Slaton Substation to the ring that already exists between Municipal Square and Fire Administration. Staff recommended approval of this sales and maintenance contract with Southwestern Bell Telephone for this phase of the implementation of the Communication Master Plan. (30.) This item was deleted. (31.) Resolution No. 2001-RO283 granting authorization, pursuant to Section 5.4 of the October 14, 1994 Management Agreement, to Fore Star Golf, LLC to operate LakeRidge Country Club. RESOLUTION NO. 2001-RO283 WHEREAS, Fore Star Golf of Lubbock, LLC, has requested authorization by the City of Lubbock to operate another golf facility in Lubbock County (LakeRidge Country Club), which written request is attached hereto as Exhibit A; and WHEREAS, the City Council may grant such authorization under terms and conditions approved by the City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 16 Regular City Council Meeting July 12, 2001 Page 17 THAT the City Council of the City of Lubbock does hereby grant to Fore Star Golf of Lubbock, LLC, authorization pursuant to Section 5.4 of the October 14, 1994, Management Agreement and the Amendment thereto dated February 24, 2000, to operate another golf facility within Lubbock County under the terms and conditions hereinafter set forth. 1. The new golf facility to be operated by Fore Star Golf shall not compete with the City's existing golf facilities for the same customer (including the same tournaments). 2. There shall be a different fee structure for the new golf facility, which shall clearly differentiate between the new golf facility and the golf facilities operated by Fore Star for the City of Lubbock. 3. There shall be no joint advertising for the new golf facility and the golf facilities operated by Fore Star for the City of Lubbock. 4. There shall be no discounts applied on the same days at the new golf facility and at the golf facilities operated by Fore Star for the City of Lubbock. Passed by the City Council this 12th day of July , 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Exhibit A is filed with Resolution No. 2001-R0283. In October 1994, the City Council passed Resolution #4634 entering into a management agreement with Fore Star Golf, LLC for the operations of Meadowbrook Golf Course. Section 5.4 of the management agreement holds that Fore Star Golf, LLC shall not operate other golf facilities in Lubbock County. However, on February 24, 2000, the City Council amended the October 14, 1994 management agreement to allow Fore Star Golf, LLC to operate another golf course in Lubbock County in support of Fore Star's bid to acquire LakeRidge Country Club. Since that time, Fore Star has successfully bid to acquire LakeRidge Country Club. Fore Star will be allowed to operate LakeRidge Country Club under the following terms and conditions: The golf operations at LakeRidge Country Club will not compete with Meadowbrook Golf Complex for the same customer, including tournaments. 17 Regular City Council Meeting July 12, 2001 Page 18 The golf operations at LakeRidge Country Club will have a different fee structure that clearly differentiates it from Meadowbrook Golf Complex. There shall be no joint advertising shared between LakeRidge Country Club and Meadowbrook Golf Complex. There shall be no discounts applied on the same days at LakeRidge Country Club and Meadowbrook Golf Complex. Fore Star's acquisition of LakeRidge Country Club expands their holdings in the Lubbock market without creating competition with Meadowbrook Golf Complex. The precedent for this is Fore Star's operation of two courses in Las Cruces, New Mexico. Picacho Hills Country Club, a private membership club, and Sonoma Ranch Golf Course, a daily fee course, each cater to a different customer. As in Las Cruces, Fore Star expects to benefit from increased economies with two properties in Lubbock. This will be realized through equipment sharing for specialty items that would not normally be considered for a single operation, improved opportunities to make bulk purchases at a reduced expense and opportunities for increased staffing during special events. A comparison of the proposed operations at LakeRidge Country Club to those practiced at Meadowbrook underscores the absence of competition between the facilities. Meadowbrook Golf Complex offers golf on a per use basis, while LakeRidge Country Club offers golf, tennis, swimming, dining and membership considerations on a monthly basis. Furthermore, Meadowbrook Golf Complex extends no credit opportunities, while LakeRidge Country Club offers credit terms to its membership. The operation of LakeRidge Country Club will complement the investment that Fore Star has made in Lubbock. Since October 1994, Fore Star Golf, Inc. has improved the greens and installed a water filtration system to improve the nutrient level of the irrigation water at Meadowbrook Golf Complex. Furthermore, Fore Star is contractually obligated to make $500,000 worth of additional improvements at Meadowbrook Golf Complex during the next eighteen months. These improvements include automating the irrigation system, planting trees, and making site improvements to Prairie Dog Town. Fore Star Golf, LLC is under contract through 2024 for the operation of Meadowbrook Golf Course. Staff recommended that the Council approve the resolution granting Fore Star Golf, LLC permission to operate LakeRidge Country Club. (32.) Resolution No. 2001-RO284 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and Texas Tech University to provide for the transportation of steam by the University to the Lubbock Municipal Auditorium -Coliseum. RESOLUTION NO. 2001-RO284 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 uo by andteam Transportation between the City of Agreement for steam transportation to the Lubbock Colisem Lubbock, Texas, and Texas Tech University, attached hereto, which shall be spread upon Regular City Council Meeting July 12, 2001 Page 19 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. 19 Regular City Council Meeting July 12, 2001 Page 20 Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key Vicki Key, Civic Center Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0284. In 1994, the City of Lubbock entered into an interlocal agreement with Texas Tech University that authorized the City to construct a tunnel from the Coliseum to the nearest underground utility on the Texas Tech campus and to connect to the campus chilled water system. This connection provided the necessary chilled water to the Coliseum as a part of the project to air condition the Coliseum. The agreement also authorized the City to install lines in the tunnel that could eventually tie into the campus steam lines, which was done in 1994, and made provisions to negotiate the tie-in for steam. The boilers that service the Auditorium -Coliseum are in need of replacement. The boilers are 46 years old and have served their useful life. Staff is recommending that staff forego the replacement of the boilers and enter into a Steam Transportation Agreement with the University. This will provide steam to the Auditorium -Coliseum that is produced by LP&L at their Brandon Station co -generation plant and transported by Texas Tech through their campus lines and to the Coliseum. This will also authorize the City to complete the infrastructure necessary to receive and meter the steam that will be transported by Texas Tech. The Auditorium -Coliseum will actually purchase the steam from LP&L and the University's involvement will be the transportation of the steam. The agreement attached is a transportation agreement and includes the following key components: The University will transport the steam produced by the LP&L Brandon Station co -generation plant, which is located on the University campus, to the Coliseum. The City will pay the University $1,000 per year to transport the steam, with an escalation factor of 1.05 each year after the initial year. The term of the agreement would be for twenty years, provided the City continues to own and operate the Coliseum and the University continues to purchase steam from the co -generation plant. The City agrees to construct the infrastructure, at their expense, that is necessary to properly receive and meter the steam transported by the University. The University will have the opportunity to review and 20 Regular City Council Meeting July 12, 2001 Page 21 approve plans and drawings prior to any construction to insure that the type and location of all metering devices meets the University's standards. The University will not be charged for the steam transported to the Coliseum. The City agrees that the volume of steam produced for the University will not decrease as a result of providing steam for the Coliseum and the City will increase the production of steam if necessary to meet their obligations to the University. If staff were to replace the boilers, the cost is estimated to be between $105,000 and $257,000, depending on the type of boiler installed, i.e. steam versus modular. In addition, gas costs, as of 5/31/01, were a little over $100,000. By proceeding with the proposed infrastructure and tie-in with the University system, the estimated cost of construction is $75,000. Funds are available for the project. By transporting the steam through the campus lines and purchasing the steam from LP&L, staff expects to realize savings of approximately $85,000 in gas costs based on this year's prices. The interlocal agreement between the City of Lubbock and Texas Tech University will authorize the City to complete the infrastructure to tie into the University's underground utility and provide for the transportation of steam to the Coliseum from the Brandon Station co- generation. The Auditorium -Coliseum will then purchase steam directly from LP&L. This option will not only provide savings for the Auditorium -Coliseum in gas costs, but the City will realize additional savings by eliminating the need for boiler replacement. Staff recommended that the interlocal agreement be approved. (33.) Resolution No. 2001-RO285 authorizing the Mayor of the City of Lubbock to execute a grant application with the United States Department of Justice for the purchase of equipment for the Lubbock Police Department and to authorize the expenditure of one - ninth matching funds upon the awarding of the grant. RESOLUTION NO. 2001-RO285 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a grant application and related documents to the United States Department of Justice , Bureau of Justice Assistance, Local Law Enforcement Block Grants Program, for funds for new technology, and that the Council hereby agrees, in accordance with the requirements of such grant application, to a cash match of $28,706, which is one -ninth of $258,351.50, and to establish or designate an advisory board to review the application for funding and make non -binding recommendations to the Council for the use of funds received under the Department's Block Grant Program. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON Windy Sitton, Mayor 21 Regular City Council Meeting July 12, 2001 Page 22 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Omnibus Fiscal Year 1999 Appropriations Act (Public Law 104- 208) authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to local units of government under the Local Law Enforcement Block Grants (LLEBG) Program for the purposes of reducing crime and improving public safety. The Police Department of the City of Lubbock requests that the City Council authorize the Mayor to execute the grant application with the United States Department of Justice. The Lubbock Police Department requests this grant to purchase new technologies. Staff plan to use the funds to upgrade our mobile data system. The grant requires one -ninth matching funds from the City in cash to be obligated and expended during the Federal project period. The Police Department is requesting a grant in the amount of $258,351.50. The City's share will be $28,706. The grant also calls for the City mestablish non non -binding advisory recommendationsreview on the application for funding and ake the use of the funding. The Police Department recommended approval of this resolution. (34.) Resolution No. 2001-RO286 authorizing the ethe Mayor of City of the City li oa Lubbock to execute for and on behalf Commercial Lease Agreement between the City of Lubbock and Rosen and Rosen for lease of a warehouse/storage area. RESOLUTION N0.2001-0286 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City ofaLubbock arage Commercial at 40e Agreement with Rosen and Rosen for the lease ° for storage of seized vehicles, to be used as a garage g Avenue F, Lubbock, Texas,of the Commercial Lease is attached surveillance vehicles and related uses. n copy on the he reto and shall be spread upon the minutes of rt o Council he Resolution as if full y copied minutes of the Council shall constitute and be a pa herein. il this 12th day of July, 2001. Passed by the City Counc 22 Regular City Council Meeting July 12, 2001 Page 23 /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken Walker, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease is filed with Resolution No. 2001-R0286. This commercial lease agreement would be with Rosen and Rosen for the lease of a warehouse/storage area located at 1407 Avenue F in Lubbock, Texas. The primary term of this lease is for 12 months. The garage at this location is to be used to store seized vehicles, surveillance vehicles and other property. The vehicles are normally turned over to the Police Department for use in law enforcement activities. Occasionally, staff are required to return the vehicles to the owners. In those instances, the fact that the vehicles have been stored indoors keeps liability at a minimum. The lease is funded by the South Plains Regional Narcotics Task Force — grant. The City of Lubbock is the grantee and staff are required to follow City purchasing procedures when spending grant money. The Police Department recommended approval of this resolution and lease agreement. (35.) Resolution No. 2001-RO287 amending authorized representatives in the public funds investment pool known as the Texas Local Government Investment Pool ("TexPool"). RESOLUTION NO.2001-RO287 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES WHEREAS, CITY OF LUBBOCK (the "City") is local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 23 Regular City Council Meeting July 12, 2001 Page 24 SECTION 1. THAT the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. SECTION 2. THAT an Authorized Representative of the City may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the City's TexPool account or (2) is no longer employed by the City; and SECTION 3. THAT the City may be Amending Resolution signed by the City add an Authorized provided the additional Authorized Representative is an officer, employee, or agent of the City; SECTION 4. THAT the following persons are Authorized Representatives of the participant. These individuals will be issued P.I.N. numbers. 1. Name: Andy Burcham Signature: /s/ Andy Burcham 2. Name: Perry Stout Signature: /s/ Perry Stout Title: Cash & Debt Manager Direct Phone Number (806)775-2149 Title: Chief Accountant Direct Phone Number: (806)775-2160 3. Name: Beverly Hodges Managing Director of Finance Signature: /s/ Beverly Hodges Direct Phone Number: (806)775-2161 4. Name: Quincy White Assistant City Manager Signature: /s/ Quincy White Direct Phone Number: (806)775-3089 List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Andy Burcham SECTION 5. THAT this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City, and until TexPool receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the City at its regular/special meeting held on the 12th day of July, 2001. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ Don Vandiver 24 Regular City Council Meeting July 12, 2001 Page 25 Don Vandiver, First Assistant City Attorney The City is a participant in the public funds investment pool known as the Texas Local Government Investment Pool ("TexPool"). The City now wishes to update and designate authorized representatives on the City's accounts with TexPool. The City entered into a participation agreement with TexPool on May 28, 1998. Due to recent staffing changes, it is necessary to update and designate new authorized representatives on these accounts. The designation of "Authorized Representative" provides full power and authority to transmit funds for investment in TexPool and withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. The updated "Authorized Representatives" will include: Beverly Hodges, Managing Director of Finance Andy Burcham, Cash & Debt Manager Perry Stout, Chief Accountant Quincy White, Assistant City Manager Staff recommended the approval of this resolution. (36.) Resolution No. 2001-RO288 changing authorized representatives in the public funds investment pool known as the Local Government Investment Cooperative ("LOGIC"). RESOLUTION NO. 2001-RO288 A RESOLUTION CHANGING AUTHORIZED REPRESENTATIVE FOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE WHEREAS, CITY OF LUBBOCK (the "City") by authority of that certain Local Government Investment Cooperative Resolution dated May 23, 1996, (the "Resolution") has entered into that certain Interlocal Agreement (the "Agreement") and has become a participant in the public funds investment pool created thereunder known as Local Government Investment Cooperative ("LOGIC"); WHEREAS, the Resolution designated on one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS, the City now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The following officers, officials or employees of the City are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: deposit money to and withdrawal money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC: Signature: /s/ Andy Burcham Printed Name: Andy Burcham Title: Cash & Debt Manager Signature: /s/ Perry Stout 25 Regular City Council Meeting July 12, 2001 Page 26 Printed Name: Perry Stout Title: Chief Accountant Signature: /s/ BeverlHodges Printed Name: " Beverly Hodges Title: Managing Director of Finance Signature: /s/ Don Vandiver Printed Name: Quincy White Title: Assistant City Manager The foregoing supersedes and replaces the City's previous designation of officers, officials or employees of the City as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in full force and effect. 26 Regular City Council Meeting July 12, 2001 Page 27 PASSED BY THE City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, First Assistant City Attorney The City is a participant in the public funds investment pool known as the Local Government Investment Cooperative ("LOGIC "). The City now wishes to update and designate authorized representatives on the City's accounts with LOGIC. The City entered into an interlocal agreement with LOGIC on May 23, 1996. Due to recent staffing changes, it is necessary to update and designate new authorized representatives on these accounts. The designation of "Authorized Representative" provides full power and authority to deposit money to and withdraw money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the City in LOGIC. The updated "Authorized Representatives" will include: Beverly Hodges, Managing Director of Finance Andy Burcham, Cash & Debt Manager Perry Stout, Chief Accountant Quincy White, Assistant City Manager Staff recommended the approval of this resolution. (37.) Consider the price and conditions of sale of Parcel 15760-48-20 at 2606 Redbud Avenue in the Coronado Addition. This is a routine sale of property by the Urban Renewal Agency to Lubbock Quality Homes, LTD Construction Company for $2,000. The property is to be redeveloped with a new 1,781-square foot single family residence valued at $77,000. The lot is properly zoned for residential development. The proposed sale was approved Commissioners on June 19, 2001. recommended approval of the sale. by the Urban Renewal Board of The Community Development staff 27 Regular City Council Meeting July 12, 2001 Page 28 (38.) Resolution No. 2001-RO289/RFP #005-01/LR-Engineering Services for the Design and Start Up of a Pilot -Scale Water Treatment Plant (Water Treatment). RESOLUTION NO. 2001-RO289 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the design and start up of a pilot -scale water treatment plant, by and between the City of Lubbock and Camp Dresser & Mckee, Inc. of Fort Worth, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-RO289. This contract is for engineering services for the design and start-up of a pilot scale water treatment plant for use by the Water Treatment Department. The services will also include oversight and inspection services for the construction of the pilot plant. A pilot scale plant on -site at the Water Treatment Plant will allow for testing of alternative chemicals and treatment technologies on a small scale before implementing to full plant operation. It will also serve as a means for optimizing plant operations and will be a very valuable educational and training tool for new operators. With the ever -changing drinking water rules and regulations, this will be a very valuable tool for plant staff. This project was one of the major recommendations of the recently completed Water Treatment Plant Optimization Study. Proposals were submitted by the following firms: Parkhill, Smith & Cooper, Inc. of Lubbock, Texas Alan Plummer Associates, Inc. of Fort Worth, Texas Camp Dresser & McKee, Inc. of Fort Worth, Texas A four -member evaluation committee was formed to evaluate and select the best firm for this project. The committee members are Bruce Blalack, Water Production and Treatment Superintendent; Judy Anderson, Operations Coordinator; Gary Essary, Water System Regular City Council Meeting July 12, 2001 Page 29 Supervisor; and Luis Martinez, Water Utilities Shift Leader. Although all three firms submitted well -written and professional proposals, the evaluation committee was unanimous in rating Camp Dresser & McKee, Inc. the highest. The evaluation criteria in the RFP included: 1) Past similar project experience (40%); 2) Proposer's experience, qualifications, and history (40%); 3) Availability during project (10%); and 4) Responsiveness to the RFP (10%). Proposals for each firm were distributed to each committee member to read and evaluate. Each committee member reviewed and rated each proposal, and then the committee met as a group and made the selection. The ranking of the three firms is as follows: Camp Dresser & McKee, Inc. 95.75 Alan Plummer Associates, Inc. 85.75 Parkhill, Smith & Cooper, Inc. 75.25 Reference checks were performed on all three firms and were found to be excellent. These firms have an abundance of experience in the water treatment industry, but it was obvious from the proposals that Camp Dresser & McKee are the leaders in pilot -scale plant design and construction. Their experience includes design, start-up, and training for over 70 pilot -scale plants in the United States and abroad. The evaluation committee unanimously ranked Camp Dresser & McKee of Fort Worth, Texas the best to perform the engineering services for this project. A contract was negotiated with them for $43,860 for the design and start-up services, with a Special Services option such as after construction services of $10,000 for a not to exceed total of $53,860. This amount is within the Water Treatment Plant Optimization budget for Professional Services. (39.) Resolution No. 2001-RO290/BID #143-01/RS-All Terrain Vehicles and Turf Equipment (Fleet Services). RESOLUTION NO. 2001-RO290 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #143-01/RS for all terrain vehicles and turf equipment, by and between the City of Lubbock and Western Implement Company of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman 29 Regular City Council Meeting July 12, 2001 Page 30 Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0290. This bid is for the purchase of three all terrain vehicles for the Park Maintenance department, four riding lawnmowers for the Park Maintenance department, one aerator for the Land Application Site, and one rotary mower with liftable wings for the Airport. The items to be purchased are new additions to the current equipment fleet. The low bids are from the following companies: Honda of Lubbock of Lubbock, Texas $9,260.00 Austin Turf & Tractor of Dallas, Texas $7,402.36 avage Equipment, Inc. of Madill, Oklahoma $9,450.00 & M Air Cooled Engine, Inc. of Waco, Texas $21,000.00 estern Implement Company of Lubbock, Texas $45,558.00 All low bids are within budget. (40.) Resolution No. 2001-R0291/BID #152-01/RS-Four Wheel Drive Articulated Front Loader (Fleet Services). RESOLUTION NO. 2001-R0291 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #152-01/RS for a four wheel drive articulated front loader, by and between the City of Lubbock and Yellowhouse Machinery Company of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas 30 Regular City Council Meeting July 12, 2001 Page 31 William de Haas , Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-RO291. This bid is for the purchase of one four-wheel drive articulated front loader for the Solid Waste Department. The low bid is $155,940 from Yellowhouse Machinery of Lubbock, Texas and is within the Equipment Capital Outlay -Heavy Moveable Equipment budget. (41.) Resolution No. 2001-RO292/BID #153-01/RS-Wheel Mounted Diesel Powered Horizontal Grinder (Fleet Services). RESOLUTION NO. 2001-RO292 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #153-01/RS for a wheel mounted diesel powered horizontal grinder, by and between the City of Lubbock and Poston Equipment Sales, Inc. of Pearland, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-RO292. This bid is for the purchase of one horizontal grinder for the Solid Waste department. The grinder will be used for making compost material from trees, limbs, and other wood materials at the City of Lubbock Landfill. The low bid is $227,690 from Poston Equipment Sales, Inc. of Pearland, Texas and is within the Equipment Capital Outlay -Heavy Moveable budget. (42.) Resolution No. 2001-RO293-Resolution No. 2001-RO294/BID #155- 01/RS-Center Pivot Replacement Parts, Gate Valves, and Electric Actuators (Land Application). 31 Regular City Council Meeting July 12, 2001 Page 32 RESOLUTION NO. 2001-RO293 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #155-01/RS for gate valves & electric actuators, by and between the City of Lubbock and Watermaster Irrigation Supply of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 32 Regular City Council Meeting July 12, 2001 Page 33 Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0293. RESOLUTION NO. 2001-RO294 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract to furnish and install center pivot replacement parts, by and between the City of Lubbock and Mesa — Irrigation of Wilson, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0294. 33 Regular City Council Meeting July 12, 2001 Page 34 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of July, 2001, 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 Mesa Irrigation, of the City of Wilson, County of Lynn, 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 #155-01/RS - Furnish & Install Center Pivot Replacement Parts - $37,296.00 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/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Brad Welch Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Risa Coleman CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Mesa Irrigation : /s/ Julian Coleman PRINTED NAME: Julian Coleman TITLE: Vice President COMPLETE ADDRESS: Mesa Irrigation Route 1, Box 10 Wilson, Texas 79381 912 Regular City Council Meeting July 12, 2001 Page 35 This bid is for the purchase of additional center pivot replacement parts and accessories to complete the telemetry system at the Land Application Site. The system is necessary to monitor and control all center pivot systems on the Wilson Farm. The low bids are from the following companies: Mesa Irrigation of Wilson, Texas $37,296.00 Watermaster Irrigation Supply of Lubbock, Texas $84,423.80 Totals for both bid items are within the Land Application Rent Lease Machinery budget. (43.) Resolution No. 2001-110295/13I1) #158-01/DC-Pesticide (Vector Control. RESOLUTION NO. 2001-RO295 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #158-01/DC for pesticide, by and between the City of Lubbock and Adapco, Inc. of Sanford, Florida, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-RO295 This bid is for the purchase of Permethrin for the control of adult mosquitoes around the City of Lubbock and Lubbock County. The low bid is $33,000 from Adapco, Inc. of Sanford, Florida and is within budget. (44•) Resolution No. 2001-RO296/BID #164-01/RS49th Street Senior Citizens Center Renovation (Facilities Management. 35 Regular City Council Meeting July 12, 2001 Page 36 RESOLUTION NO. 2001-RO296 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the 191h Street Senior Citizens Center Renovations, by and between the City of Lubbock and Pharr & Company of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0296. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12 day of July, 2001, 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 Pharr & Company, 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 date OWNERRherewith and(if and )r the the conditions expressed in the bond bearing even CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #164-01/RS - 19th Street Senior Citizens Center Renovations - $113,619.00 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 t documents.him and to substantially complete same within the time specified in the 36 Regular City Council Meeting July 12, 2001 Page 37 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/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Jackie Norrell CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Pharr & Company By: /s/ Jimmy R. Pharr PRINTED NAME: Jimmy R. Pharr TITLE: President COMPLETE ADDRESS: Pharr & Company P. O. Box 2791 Lubbock, Texas 79408 This project involves renovating the men's and women's restrooms necessary to make them ADA accessible, replacing the north and south entrances with doors and storefront systems, and renovating the north and south concrete ramps/stairs to allow better accessibility to the facility. The low bid is $113,619 from Pharr & Company of Lubbock, Texas and is within the Building Capital Outlay-19th Street Senior Center Renovation budget. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. Next item to be considered was Item No. 12. (45.) Ordinance No. 2001-00060 (an emergency ordinance) pertaining to smoking in public places and replacing Ordinance #2001-00042 in Article 9, Chapter 12 of the Lubbock Code of Ordinances. ORDINANCE NO. 2001-00060 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PUBLIC HEALTH BY AMENDING ARTICLE IX PERTAINING TO SMOKING IN PUBLIC PLACES; REGULATING SMOKING IN WORK PLACES; REGULATING 37 Regular City Council Meeting July 12, 2001 Page 38 TOBACCO SALES OR SAMPLES TO MINORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The current City of Lubbock Smoking Ordinance was passed in October 1987 and later modified in November 1995. On June 14, 2001 the City Council heard the final report from the Chair of the Ad Hoc Smoking Ordinance Committee, Tom Johnson. The Council acted on an ordinance proposed by Councilman David Nelson and passed the ordinance on the first reading by a vote of 4-3. A second reading took place on June 26, 2001 with several amendments being added. In order to ensure the ordinance meets the council's intent, an amended version has been drafted and recommended for approval. This ordinance will, in part, allow a 3-year phase in period and will continue to allow smoking in bars, sports grills, and bingo parlors. Staff recommended approval of the amendments to the Smoking Ordinance. Anita Burgess, City Attorney, spoke for the staff stating that legal had met with each Councilmember, representatives of Smokeless Lubbock and representatives of Lubbock Restaurant Association. Although not everyone has been pleased substantively, she thought everyone was much more pleased with the clarification, i.e. fast-food restaurants are to be smoke free immediately, except in the employee work areas which would be covered by the three year grandfather provision - meaning phase -in. Also, intent that most businesses be entitled to the three-year phase -in has been clarified. This is an emergency order effective July 22, 2001 requiring only one reading. The provision relating to the permit section and fees associated with that has been rewritten. The fees will be assessed in the out years after they have studied it. Also signage has been cleared up. David Cea, President of Lubbock Restaurant Association, again spoke to the Council expressing his appreciation for the way this was handled. Dr. Donna Bacchi also stated how she appreciated the Council recognizing the seriousness of health effects smoking has on individuals and also how tirelessly everyone had worked in addressing these issues. She said she believes the product they have is a competent and fair ordinance and truly reflects what the Smoking Ad Hoc Committee of which she was a member recommended to the City Council. She urged all citizens of the community to comply with the ordinance. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on Ordinance No. 2001-00060 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Cooke voted Nay. Development Services (46.) Resolution No. 2001-RO297 authorizing the Mayor to execute an agreement between the City of Lubbock and Parkhill, Smith and Cooper, Inc. for construction inspection services in association with the South Central Storm Sewer Project. RESOLUTION NO. 2001-RO297 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, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., an Agreement for Engineering Regular City Council Meeting July 12, 2001 Page 39 Services, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 39 Regular City Council Meeting July 12, 2001 Page 40 APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2001-R0297. This resolution would provide the necessary funding for Parkhill, Smith and Cooper, Inc., to provide construction inspection services for the South Central Storm Sewer Project. Parkhill, Smith and Cooper, Inc., will provide on site resident project representation for the City for the duration of the construction period plus engineering assistance in reviewing submittals associated with the design of the project. As part of this contract they will also provide to the City final "As -Built" record drawings of the entire storm sewer project. In discussions with the contractor, Barnard Construction Co., City staff has been told on numerous occasions that they plan to be complete with this entire project within 18 months rather than the 40 months allowed by the contract. This agreement has been based on providing two full-time resident project representatives for the 18-month construction period. If for some unexpected reason the contractor goes beyond his predicted time frame then the City staff will come back to the City Council for approval to authorize the necessary supplemental services. If this agreement is approved the total amount for basic services associated with this contract will be a not to exceed amount of $1,440,606. The supplemental services will be a not to exceed amount of $691,269 and will only be used if necessary. Staff recommends the approval of this resolution. Marsha Reed, Civil Engineer with Street Drainage, spoke for the staff. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on Resolution No. 2001-RO297 as recommended by staff. Motion carried: 7 Yeas, 0 Nay. Electric Utilities (47.) Ordinance No. 2001-00061 amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas by amending Sections 2- 480, 2-482, 2-483, and 2-484 of the Code of Ordinances of the City of Lubbock by amending the composition, duties and responsibilities of the Electric Utility Board; providing a savings clause and providing for publication (first reading). ORDINANCE NO. 2001-00061 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING SECTIONS 2-480, 2-482, 2-483, AND 2-484 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING THE COMPOSITION, DUTIES AND RESPONSIBILITIES OF THE ELECTRIC UTILITY BOARD; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Due to the emerging competitive nature of the electric utility industry, staff would like to recommend that Council consider modifications to the Regular City Council Meeting July 12, 2001 Page 41 operations and structure of the Electric Utility Board. Since the relevant areas of concern are embodied in two documents (an ordinance and Council policies), this will require two actions: The first action would be an amendment to Section 2-480, 2-482 A & B, 2-483 and 2-484 of the Code of Ordinances. This would modify the authority and structure of the Electric Utility Board as follows: They would be acting in an advisory capacity on all matters concerning the Electric Utility. This would add two additional board members to the utility board in order to bzoaden citizen involvement and oversight of the utility. Modifying the minimum required meeting frequency. The second item would involve an amendment to the Council adopted Policies and Procedures Manual regarding term limitations of boards and commissions. Under this proposal, Council would have the option of reappointing board members who have served for two terms. A similar exception already exists for the Planning and Zoning Commission. It should be pointed out that the Council policies require two actions. First is the posting and discussing of a proposal to amend the policy (the item considered today). The second would be adoption of the amendment, which would, if approved, take place at the next City Council meeting. Staff recommends that the Mayor and City Council restructure the Electric Utility Board and modify their role due to the competitive nature of the electric utility environment in Lubbock. Staff was represented by Paul Thompson, Director of LP&L. City Manager Bob Cass also spoke in favor of the recommendation. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass on first reading of Ordinance No. 2001-00061. Motion carried: 7 Yeas, 0 Nays. (48.) Consider a proposal to amend Volume I, Article XI(B) of the City of Lubbock Policies and Procedures Manual regarding term limitations of boards and commissions. Council discussed the proposal and voted to consider a resolution at a subsequent meeting. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to consider a resolution at a subsequent meeting. Motion carried: 7 Yeas, 0 Nays. (49.) This item was deleted. Miscellaneous (50.) This item was deleted. (51.) This item was deleted. Board Appointments (52.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Alan Henry to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (53.) Consider three appointments to the Electric Utility Board. 41 Regular City Council Meeting July 12, 2001 Page 42 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint John Owens and reappoint Ken Jones and Robert Massengale to the Electric Utility Board. Motion carried: 7 Yeas, 0 Nays. (54.) Consider one appointment to the Libraries Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Lois Brunjes to the Libraries Board. Motion carried: 7 Yeas, 0 Nays. (55.) Consider one appointment to the Permit and License Appeal Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Kenneth Sylvester to the Permit and License Appeal Board. Motion carried: 7 Yeas, 0 Nays. (56.) Consider one appointment to the Urban Design and Historic Preservation Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Dudley Thompson to the Urban Design and Historic Preservation Commission. Motion carried: 7 Yeas, 0 Nays. (57.) Consider four appointments to the Youth Commission -Adult. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint reappoint Stephen Escobedo, Fred Ortiz, Karen Williams and Larry Wilson to the Youth Commission. Motion carried: 7 Yeas, 0 Nays. 11:25 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION. 12:55 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Hernandez made a motion to adjourn; Councilmember Patterson seconded the motion. Read and approved this day of , 2001. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: Rebe ca Garza, City Secretary 42