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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/30/2001REGULAR CITY COUNCIL MEETING August 30, 2001 12:00 P. M. The City Council of the City of Lubbock, Texas met in regular session on the 30th day of August, 2001, in the City Council Chambers, first floor, City Hall, 1625 131h Street, Lubbock, Texas 79401 at 12:00 P. M. 12:05 P. M. CITY COUNCIL CONVENED City Council Chambers, 1625 131h Street, Lubbock, Texas. Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson and Councilmember T. J. Patterson. Absent: Councilmember Frank Morrison CITIZEN COMMENTS Lea Criswell, 6411 37`'', appeared before Council regarding mowing of grass when property owners allow grass to exceed required height. She felt cost was too high and asked that the ordinance be reevaluated. Rob Allison with Environmental Codes was asked to talk with Ms. Criswell. John Steinmitz, Student Government Association President of TTU, called for the formation of a task force including students, student leaders, neighborhood association members and regular residents to take on the problem of student parking and littering. He spoke against the fairness of the no more than two unrelated person ordinance. Councilmember Morrison arrived. Patrick Harrison resident of 25`h and Indiana appeared to present a petition to the City Council and to discuss the City ordinance prohibiting more than two unrelated persons from living in a single-family residence in an area zoned for single-family use. He stated Lubbock's ordinance was the most prohibitive of the Big 12 schools and he objects to same. He asked Council to influence Environmental Department and City of Lubbock to place a temporary moratorium on the no more than two unrelated people ordinance as they have not been cited for other violations. Matthew R. Steel, a homeowner and student at TTU, stated that ordinance is inconsistent, selective and discriminatory and things need to be changed. Jennifer King, Treasurer of Libertarian Party, was for change of the ordinance. Eugene Biles, resident since 1952, spoke in favor of the ordinance. Cyd Seideman, member of the Tech Terrace neighborhood, stated she is not at war with the students but with landlords who willingly break law and certain realtors selling homes with idea of paying mortgage based on the per bedroom rental. As owner of rental property, she wants to keep the ordinance in place. Karen Kennedy, member of Texas Tech neighborhood and also a landlord of property in that area, wants to keep ordinance in place. Regular City Council Meeting August 30, 2001 Page 46 Kelly Stowmeier appeared as a representative of the students of Texas Tech. Kelly has lived on campus for three years, but thinks the ordinance is a blanket affecting good tenants. She requested that ordinance not be abolished, but that there be a compromise. Dustin Benham, TTU student, doesn't think ordinance problem is "quick fixable". He also requested formation of a task force. Linda Hogan, President Overton South Neighborhood Association, read the letter she had sent to Avalanche Journal (not published) stating that the ordinance provides protection from slumlords for neighborhoods and she is in favor of the ordinance. Dana Palmer, Tech Terrace homeowner and former student at TTU living in same area, spoke in favor of maintaining the restrictions of the ordinance. Randy Mills spoke concerning budget cuts of right-of-way maintenance. He asked the Council to reconsider reinstating some of the mowing, etc. 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 Attorney; City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); competitive matter regarding strategic and business plans and studies, revenue and expense projections and targets, operation and capital statements and budgets, and capital improvements and project plans and studies of Lubbock Power and Light (Electric Utilities); competitive matter regarding plans or contracts related to the acquisition, disposition, construction or exchange of transmission/distribution facilities (Electric Utilities); to discuss pending or contemplated litigation (Lubbock Power & Light; Police Department; Water Utilities), and take appropriate minuted action to authorize the City Manager to settle the claim with the Chief of Police; personnel matters regarding duties, responsibilities, and/or appointments (Board and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Airport; Water Utilities). 12:33 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney; 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, §551.086 to discuss, deliberate, vote and take final action on a competitive matter regarding strategic and business plans and studies, revenue and expense projections and targets, operation and capital statements and budgets, and capital improvements and project plans and studies of Lubbock Power and Light (Electric Utilities). .e Regular City Council Meeting August 30, 2001 Page 47 ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, §551.086, to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition, disposition, construction or exchange of transmission/distribution facilities (Electric Utilities). ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Lubbock Power & Light; Police Department; Water Utilities), and take appropriate minuted action to authorize the City Manager to settle the claim with the Chief of Police. This item was considered following Item No. 68. Mayor Sitton called on City Attorney, Anita Burgess, to speak on this item. Ms. Burgess stated that negotiations fractured today and the last offer by Chief of Police was unacceptable and she recommended that Council take action to reject and not recommend the City Manager to settle the claim. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson that Council not authorize the City Manager to settle the claim with Chief of Police as proposed and direct him to reject it. Motion carried: 7 Yeas, 0 Nays. ( 6.) 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 Board of Electrical Examiners Citizens Traffic Commission Libraries Board Neighborhood Redevelopment Commission Planning and Zoning Commission Structural Standards Commission Urban Design/Historic Preservation Commission Youth Commission -Students (7.) 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 (Airport; Water Utilities). (8.) Presentation regarding site selection for the development of the Community Built Playground. Amy Pierce, Junior League of Lubbock (20 minutes) This item was deleted. ( 9.) Presentation on the Community Development Department's request to forward a Section 108 loan application to the U.S. Department of Housing and Urban Development. Nancy Haney, Community Development Manager (20 minutes) This item was deleted. 3:55 P.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers M Regular City Council Meeting August 30, 2001 Page 48 Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, and Councilmember T. J. Patterson. Absent: Councilmember David Nelson Mayor Sitton called the meeting to order at 3:55 P.M. (10.) Councilmember Patterson gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. (12.) Presentation of a special recognition to the Lubbock Hispanic Chamber of Commerce to recognize their honor of being named the "Small Chamber of the Year" by the Texas Association of Mexican - American Chambers of Commerce. This item was deleted. (13.) Presentation of a special recognition to five -year -old M'kenzie Dorman to recognize her for saving her family from a fire that swept through her home on July 24, 2001, in the early morning hours. This item was deleted. (14.) Presentation of a special recognition to Mayor Pro Tern Alex "Ty" Cooke as the recipient of the Texas Public Power Association Distinguished Service Award. This item was deleted (15.) Presentation of Legendary Service Star Awards for June and July. This item was deleted. The first item to be considered was Item No. 69, followed by Items 70 and 31. 4:03 P.M. Councilmember Nelson returned to the dais. CONSENT AGENDA (Items Nos. 16- 48) These items were considered following Item No. 31. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to approve Items Nos. 16-30, 32-48 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (16.) Approval of the minutes of the Regular City Council Meeting of June 26, 2001; July 12, 2001; July 26, 2001 and August 9, 2001. (17.) Ordinance #2001-00046 abandoning and closing an underground utility easement located in Lot A-1-B, University Pines Addition to the City of Lubbock (9410 University Avenue) (second and final reading). W. Regular City Council Meeting August 30, 2001 Page 49 ORDINANCE NO. 2001-00046 AN ORDINANCE ABANDONING AND CLOSING A UNDERGROUND UTILITY EASEMENT LOCATED IN LOT A-1-13, UNIVERSITY PINES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS 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. (18.) Ordinance #2001-00048 abandoning and closing a 15 foot alley located in Blocks 2 and 3, Suburban Homes Addition to the City of Lubbock (806 501h Street (second and final reading). ORDINANCE NO. 2001-00048 AN ORDINANCE ABANDONING AND CLOSING A 15 FOOT ALLEY LOCATED IN BLOCK 2 & 3 SUBURBAN HOMES 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. (19.) Ordinance No. 2001-00062 abandoning and closing a portion of an access, garbage collection and underground utility easement located in Tract E-5, Sentry Park Addition to the City of Lubbock (5310 661h Street) (first reading). ORDINANCE NO. 2001-00062 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ACCESS, GARBAGE COLLECTION, AND UNDERGROUND UTILITY EASEMENT LOCATED IN TRACT E-5, SENTRY PARK 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. When Tract E-5, Sentry Park Addition was platted, an access, garbage collection and underground utility easement was dedicated across the entire property. This Tract E-5 is located along the north side of 66`' Street, just west of Albany Avenue. The developer of this tract desires to build on this property and in order to do so, needs this dedicated easement removed. All utilities are in agreement with this easement closure providing that the east 20 feet of Tract E-5 will remain as an easement. The developer has agreed to this. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (20.) Ordinance No. 2001-00063 amending Chapter 16 of the Code of Ordinances, Motor Vehicles and Traffic, with regard to speed limits in work zone areas (first reading). EU Regular City Council Meeting August 30, 2001 Page 50 ORDINANCE NO.2001-00063 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SPEED LIMITS IN WORK ZONE AREAS; PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance will add Section 16-178, Speed Limits in Work Zone Areas. The ordinance will allow the City Manager or his designee to reduce the speed limit in work zones by 10 mph below the posted speed limit in accordance with the TxDOT Work Zone Speed Limit Worksheet. This ordinance would then allow temporary reductions in the speed limit during construction work zones to take place without going through the full ordinance approval process. These changes would be utilized by both City staff and TxDOT staff within the City of Lubbock. With the number of transportation projects planned for the next several years, this new ordinance will help improve the safety for the citizens of Lubbock. The Traffic Engineering Department and the Citizens Traffic Commission recommended approval of this ordinance at the July 18, 2001 Commission meeting. (21.) Resolution No. 2001-RO310 authorizing the Mayor to approve the Lubbock Emergency Communication District Budget for Fiscal Year 2001/2002 and the LECD action in setting the service fee at 5% of the telephone base rate effective January 1, 2002. RESOLUTION NO. 2001-RO310 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 approve for and on behalf of the City of Lubbock, the Lubbock Communications District (LECD) budget for fiscal year 2001-2002 and the LECD action in setting the service fee at five percent of the telephone base rate effective January 1, 2002. Said budget 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 30th day of August, 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 Information Technology 50 Regular City Council Meeting August 30, 2001 Page 51 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Budget is filed with Resolution No. 2001-R0310. Lubbock Emergency Communication District (LECD) is required to submit its annual budget for approval to governing bodies within the boundaries of the District. For that reason, the LECD Board of Managers is submitting its Fiscal Year 2001/2002 Budget. It was the opinion of the LECD Board of Managers that the proposed budget represents a fair and prudent financial plan to accomplish the LECD mission of providing Enhanced 9-1-1 service to the citizens of Lubbock County. It was further ordered, by the Board of Managers, that the service fee, as authorized by Texas Health and Safety Code Section 772.301 through 772.329, be reduced from six percent to five percent of the base telephone rate on all service users in the District. Staff recommended acceptance of the LECD's fiscal year 2001-2002 proposed budget. (22.) Resolution No. 2001-RO311 authorizing the Mayor to execute an enrollment agreement with Microsoft Licensing Incorporated for the licensing of the Microsoft Windows and Office products. RESOLUTION NO. 2001-RO311 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement between the City of Lubbock and MSLI, GP (Microsoft Licensing Incorporated, General Partners) for a Software License, 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 30th day of August, 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 Agreement is filed with Resolution No. 2001-RO311. 51 Regular City Council Meeting August 30, 2001 Page 52 The City of Lubbock utilizes Microsoft Windows as the primary desktop operating system, and Microsoft Office as the primary office application suite. Over the years, the City of Lubbock has acquired a variety of different versions of both the operating systems and the Office suite. To standardize these products and be in compliance with Microsoft's current -licensing policies, the City of Lubbock contacted the State of Texas Department of Information Resources, who had negotiated an Enterprise Agreement with Microsoft. The agreement, which is available to municipalities, allows certain Microsoft products to be licensed based on the number of workstations in an organization. With this new expenditure, the overall price for the bulk licensing is at a lower cost than would be possible through individual sales. The cost of the enrollment is $202,752 per year for a three-year period. This enrollment will allow the City of Lubbock to remain compliant with current Microsoft licensing policies as well as provide upgrade capability for future releases of the products. Staff recommended approval of this enrollment agreement of the Enterprise Agreement with Microsoft Licensing Incorporated for the licensing of the Microsoft Windows and Offices products. (23.) Resolution No. 2001-RO312 authorizing the Mayor to execute an amendment to the enrollment agreement with Microsoft Licensing Incorporated to allow for semi-annual payments. RESOLUTION NO. 2001-RO312 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 Amendment No. 1 to the Microsoft Enterprise Enrollment Agreement, dated August 30, 2001, between the City of Lubbock and MSLI, GP (Microsoft Licensing Incorporated, General Partners) 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. Passed by the City Council this 30th day of August, 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 52 Regular City Council Meeting August 30, 2001 Page 53 A copy of the Amendment is filed with Resolution No. 2001-R0312. The enrollment agreement for the Microsoft Enterprise Agreement stipulates annual payments of $202,752. Because the initial period of the agreement occurred more than halfway through the current fiscal year, Information Technology requested the ability to pay in semi-annual installments of $101,376. Staff recommended agreement of the Incorporated. approval of the amendment to the enrollment Enterprise Agreement with Microsoft Licensing (24.) Resolution No. 2001-RO313 authorizing the Mayor to execute a contract with Goodwill Industries and Texas Industries of the Blind and Handicapped for custodial services in specified City Facilities. RESOLUTION NO. 2001-RO313 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 between Goodwill Industries of Lubbock, Inc., and the City of Lubbock, to furnish custodial services at various City facilities, and all 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 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Martha Ellerbrook Martha Ellerbrook Managing Director of Management Services 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-R0313. The City of Lubbock originally contracted with Goodwill Industries, as allowed under the State -Use -Program operated by Texas Industries of the Blind and Handicapped (TIBH), in 1995. In June 2000, the City of Lubbock and Goodwill Industries began negotiating a new custodial contract for specified city facilities. As a result of several meetings involving representatives from the City of Lubbock Facilities Management and Purchasing Departments as well as Goodwill Industries and TIBH, a new contract was successfully negotiated. The basic monthly cost for these services will be $66,030.60. Additional services 53 Regular City Council Meeting August 30, 2001 Page 54 include: Party House and St. Paul's on the Plains cleanings at $32.99 per cleaning; special set-ups (libraries, civic center, etc.) at $12 per set-up; Lubbock Business Center Parking Garage floors at $500 per cleaning; and Emergency Cleanups (jail) at $16 per cleaning during normal business hours, and $30 per cleaning after normal business hours. The contract will be for a two-year term beginning on October 1, 2001 with an option for up to three additional one-year contracts. Staff recommended approval of the contract. (25.) Resolution No. 2001-RO314 authorizing the Community Development staff to submit a Section 108 loan application to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 2001-RO314 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 Section 108 Loan Application to the U.S. Department of Housing and Urban Development for the funding of the Housing Rehabilitation and Reconstruction Program, and all related documents. Said Application 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 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Application is filed with Resolution No. 2001-R314. Community Development plans to submit a Section 108 loan application to HUD. Council was briefed on the application process earlier today during work session. The purpose of this application is to provide the department with the necessary funds to deliver the Housing Rehabilitation and Reconstruction Program. This program will be offered on a citywide basis and will be targeted at low to moderate - income families. Staff will strive to provide decent, safe, and sanitary housing to individual families. This will, in turn, serve as an improvement for the entire community. 54 Regular City Council Meeting August 30, 2001 Page 55 The application will result in the preliminary approval of the concept of the program. Once HUD staff has accepted the concept, Community Development staff will submit a formal application for the funding. Community Development recommended approval of this resolution. (26.) Resolution No. 2001-RO315 authorizing the Mayor to direct and execute for and on behalf of the City of Lubbock an interlocal agreement for professional services for epidemiological surveillance and consultation, by and between the City of Lubbock and Texas Tech University, and any associated documents. RESOLUTION NO. 2001-RO315 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement for professional services for epidemiological surveillance and consultation (Agreement No. ALMW96124/3), attached hereto, by and between the City of Lubbock and Texas Tech University, and any associated documents, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Public Health Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0315. This interlocal agreement with Texas Tech University Health Sciences Center (TTUHSC) provides the Health Department with professional surveillance and epidemiology consultation services for the next 2 years. Our current agreement with TTUHSC, in effect since 1999, expires October 1, 2001. Services to be provided and the contract amount of $400 per month for 10 hours of service remain the same as approved by Council in 1999. Services rendered in excess of 10 hours per month will be paid at $35 per hour, not to exceed $15,000 for each year of this contract. The consultant will assist in identifying what data is significant in determining the health and illness status of the citizens of Lubbock, review data collected for accuracy and completeness, provide 55 Regular City Council Meeting August 30, 2001 Page 56 consultation in preventing disease outbreaks and/or minimizing disease spread, report to the Board of Health and City Council as required, and develop new insights and innovative solutions to health problems through conduct of or participation in public health research. This agreement supports the Health Department Mission Statement to "prevent epidemics and the spread of disease" as well as the essential public health services. Therefore, staff recommended approval of the resolution. (27.) Resolution No. 2001-RO316 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a contract for public health services between the City of Lubbock and Texas Department of Health, including Change No. 01 and No. 02, and any associated documents. RESOLUTION NO. 2001-RO316 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Public Health Services between City and the Texas Department of Health (TDH Document #7560005906A200201), including Changes No. 01 and No. 02, a copy of which Contract, including Changes No. 01 and No. 02, is attached hereto and any associated documents, which Contract shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Department Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2001-R0316. This year's annual contract with the Texas Department of Health, totals $418,514 and includes both financial and direct assistance. This will provide preventive, health promotion and direct services in the areas of Epidemiology, Immunization, Sexually Transmitted Diseases, Population -Based Services, Cancer Prevention activities, and HIV/AIDS Surveillance. This is a decrease of $284,161 from last fiscal year, due primarily to changes involving termination of the Innovation and Tuberculosis Grants and reductions of the Title V maternal and child 56 Regular City Council Meeting August 30, 2001 Page 57 health grant. Most other programs as outlined in the contract are continuing operations from previous years. Contract distribution is as follows: Milk and Dairy (attachment 01). $0.00 total. No change from last year. The Milk and Dairy Testing Attachment (01) to Document NO. 7560005906A2002 is a part of the annual contract with the Texas Department of Health. The Health Department Regional Laboratory is reimbursed for laboratory analysis of milk and dairy samples at a specified rate, depending on what kind of analysis is performed. The Lab performs over 3,000 tests on the more than 700 samples submitted each year. These activities directly relate to protection of the general public. Since the lab is reimbursed for the full cost of testing, no total dollar amount is specified in the contract. Tuberculosis Control (attachment 02). $0.00 total. Contract attachment terminates 8/31/01. This will be a net reduction of $19,998 over the previous year. The change will be reflected on a future contract change notice. The City of Lubbock Health Department is unable to meet the new clinical testing requirements being imposed by TDH Public Health Region 1 in order to obtain additional as well as retain previous monies devoted to this program. Staff elected to terminate these services which resulted in a 1 person RIF with all services now reverting back to TDH for coverage. Hepatitis C (attachment 03). $6,000 total. A decrease of $3,000 from last year. The contract for $6,000 includes funds for travel and supplies. No new personnel costs are associated with this attachment. Attachment No. 03 allows for the Lubbock Health Department to conduct prevention activities to help prevent infection and reduce the transmission of hepatitis C (HCV) and other blood borne pathogens. The Lubbock Health Department will provide an estimated 210 prevention contacts which involve one-on-one interaction between a counselor and client. This attachment only covers a 6-month period. Hepatitis C virus causes approximately 36,000 new infections in the United States each year with the vast majority of those infections not showing any initial symptoms. The Center for Disease Control and Prevention estimates there are 3.9 million Americans infected with Hepatitis C virus. Approximately 8,000 to 10,000 die yearly from chronic liver disease with Hepatitis C accounting for the vast majority of those cases. Regional/Local Health Operations (attachment 04). $119,760 total. No change from last year. The $94,118 in financial assistance provides salaries and fringe benefits for four City employees, and direct assistance equivalent to $25,642 for one State -paid employee. The one State -paid nurse's services are available at no cost to the City. Of the five employees, two work in the S.T.D. program, one works in the laboratory, one in Health Education, and there is one vacancy. 57 Regular City Council Meeting August 30, 2001 Page 58 This attachment supports comprehensive public health services that are consistent with the Health Department Mission Statement. Qualifying activities include TDH general fund laboratory, S.T.D. and community health education services. Efforts must also be directed at preventing heart disease and cancer. The Sexually Transmitted Disease Program is designed to stop the spread of disease by tracking down the partners of those diagnosed with sexually transmitted diseases and either treating them or referring them to another clinic or physician. Infectious Disease Epidemiology & Surveillance (IDEAS) (attachment 05). $15,441 total. New funding for FY 01-02. This new attachment for $15,441 allows for maintaining an advanced capacity laboratory to enhance our ability to perform rapid, non -culture techniques and confirmatory techniques. Funding allows us to maintain a level B capacity laboratory and extensive collaboration with all hospitals located in our service area plan for response activities for bioterroristic threats. Immunizations/Locals (attachment 06). $109,783 total. Increase of $2,630 over last year. This attachment provides salaries and fringe benefits for a Registered Nurse, a Licensed Vocational Nurse and a Secretary to run the program are included in this attachment of $109,783, an increase of $2,630 from last year. This year the contract does not reflect a dollar amount for the vaccine provided to the Lubbock Health Department. During the current fiscal year, the vaccine is valued at approximately $145,875. However, TDH will continue to provide sufficient vaccine to meet our needs, at no cost to the City. The City of Lubbock provides an immunization clinic with the fewest barriers to service. Activities include providing immunizations at the Health Department clinic; outreach activities for infants, children and high risk adults in their homes, correctional facilities, at day care centers, the South Plains Mall, health fairs and senior citizen centers; and investigation and initiation of control measures for vaccine - preventable diseases. For example, last year, the Health Department planned and organized over 105 outreach immunization clinics. Staff continue to collaborate with LISD, Shots Across Texas, TTUHSC School of Nursing and Methodist Hospital School of Nursing to provide Hepatitis B immunization to eligible K-6' grade students. During the current fiscal year 88 clinics were scheduled at LISD and reached 1,579 students. In addition, 7 clinics were held at private schools and provided immunizations to 373 kids. Preventing diseases by the use of vaccine is considered a core service of Public Health and good public health practice provides that you do not miss an opportunity to vaccinate a child when you have a chance. Many parents do not think about immunizing their children until they take them to school at five years of age. Therefore, providing immunizations must utilize a proactive, on -going approach to reach effective levels. HIV Surveillance (attachment 07). $50,251 total. An increase of $3,538 over last year. Regular City Council Meeting August 30, 2001 Page 59 The contract amount of $50,251 supports salary, fringe benefits, travel and supplies for the HIV/AIDS Surveillance specialist. In addition, $3,184 of indirect (administrative) costs are included in this attachment. This person does not operate a clinic; rather as a surveillance specialist, he is dedicated to investigating cases of HIV and AIDS infection in Lubbock. As of July 1, 2001, over 748 individuals have been diagnosed as HIV positive, 481 have AIDS and 202 individuals have died of AIDS - related complications in the Lubbock area. One of the primary missions of public health is to monitor the health status of the community by identifying and investigating health problems and health hazards. On- going surveillance is essential in determining the nature and extent of HIV and AIDS infection in Lubbock. Accurate numbers may increase the availability of additional funding from outside sources, in order to provide services to those infected. Associate Commissioner for Family Health - Population Based (attachment 08) $51,181 total. Reduction of $64,506 from last year. This attachment for $51,181.00 in financial assistance provides full salary and fringe benefits for a Health Educator and partial funding for a data entry assistant. The two employees are currently assigned to the Health Education Section. Significant funding reductions this year will prevent activities planned and organized in the past such as anti -tobacco pep rallies, child safety seat checkpoints, child abuse prevention workshops, health and safety fairs, and substance abuse education. For the past 5 years, the City of Lubbock Health Department has been a facilitator for the Texas Department of Health's Title V Program. During this time, the grant money has built a strong maternal and child health infrastructure within the Health Education Team (HET). The activities planned for the 2001-2002 grant include Motherhood and Prenatal Education in underserved neighborhoods as well as facilitating the prenatal parenting classes. Classes will focus on the development of parenting skills and will target at -risk teen mothers, as well as the general population. Another initiative will be a collaborative effort with the City of Lubbock's Prevention Section, the Fire Department, and HET, in which immunizations and education are provided at no cost. Total Contract Value: $418,514 These programs fulfill the Core Missions of Public Health4hose of Surveillance, Prevention, Health Education, and Laboratory support. Without the funding from the Texas Department of Health contract, our local public health efforts would be greatly impaired and the risk of illness in Lubbock citizens would increase. Staff recommended approval of the resolution (28.) Resolution No. 2001-RO317 authorizing the Mayor to execute a monitor well permit with Horkey Oil Company for use of City streets (4402 18`b Street, 4316 1Th Street and 4302 18' Street). RESOLUTION NO. 2001-RO317 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, by and between the 59 Regular City Council Meeting August 30, 2001 Page 60 City of Lubbock and Horkey Oil Co. Said Agreements are 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 30th day of August, 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 L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements are filed with Resolution No. 2001-R0317. This monitor well permit allows Southwest Geological and environmental Services, Inc. to drill three monitor wells for Horkey Oil Company. One well will be on the north side of 18`' Street, just west of Quaker Avenue. A second monitor well will be on the north side of 17`h Street, just east of Quaker Avenue. The third monitor well will be located east of Quaker Avenue on the north side of 18' Street. At the northeast corner of 19' Street and Quaker Avenue is a Shell Service Station owned by Horkey Oil Company. The TNRCC has identified this site as having had leaking fuel tanks and the TNRCC has requested that monitor wells be drilled off site from this store site to determine how far this fuel contamination has spread. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $300 per year for this permit. The Right -of -Way Department recommended approval of this resolution. (29.) Resolution No. 2001-RO318 authorizing the Mayor to execute a farm lease with J. C. Billington (New Gun Range, west of Reese Center). RESOLUTION NO. 2001-RO318 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease between the City of Lubbock and J.C. Billington, and any other related documents. Said Lease is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Regular City Council Meeting August 30, 2001 Page 61 Passed by the City Council this 30th day of August, 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 /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Lease is filed with Resolution No. 2001-R0318. In November of 2000, the City acquired 345.85 acres of farmland just west of Reese Center for the new gun range. The farm lease with the existing farmer expired in December of 2000 and this property has been idle since then. Since a crop was not planted on this farm in the spring, a great deal of weeds grew on the property. Mr. J. C. Billington, the farmer of the adjacent property, has agreed to disc all the weeds and plant grain sorghum on the property for the cost of the seed. This cost is not to exceed $500. Mr. Billington will furnish all the labor, equipment and fuel. This lease will run through December 31, 2001. The Right -of -Way Department recommended the approval of this resolution. (30.) Resolution No. 2001-RO319 declaring a public necessity for Paving improvements on 25te Street from Milwaukee to LaSalle and 26`b Street from Milwaukee to Kewanee, and directing the City Engineer to prepare plans and specifications for such improvements. RESOLUTION NO. 2001-RO319 A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF STREETS 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 streets in the City of Lubbock and along the boundaries thereof be improved as herein provided, to wit: 61 Regular City Council Meeting August 30, 2001 Page 62 25`h Street from Milwaukee Avenue to LaSalle Avenue 26`h Street from Milwaukee Avenue to Kewanee Avenue SECTION 2. THAT said portions of the above -described streets 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 in the street 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 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. 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. e Regular City Council Meeting August 30, 2001 Page 63 Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This resolution is the first of five resolutions required to initiate an assessment paving program. The proposed paving improvements are as follows: 25`' Street from Milwaukee Avenue to LaSalle Avenue 26' Street from Milwaukee Avenue to Kewanee Avenue _ On street assessment paving the property owners may be assessed for 90 % of the paving cost and 100 % of the curb and gutter costs. The petition for 25' Street was signed by 40 % of the assessable abutting property owners and signed by 60 % of the assessable property line footage. The petition for 26th Street was signed by 56 % of the assessable abutting property line footage and signed by 64 % of the assessable abutting property owners requesting the paving improvements. Staff recommended approval of this resolution. Next item to be considered was Item No. 32. (31.) Resolution No. 2001-110302; Resolution No. 2001-R0303; Resolution No. 2001-R0304; Resolution No. 2001-R0305; Resolution No. 2001- R0306; Resolution No. 2001-R0307; Resolution No. 2001-R0308; and Resolution No. 2001-110309; authorizing the Mayor to execute a contract for Sale and Quitclaim Deed with eight property buyers for property recently auctioned for sale by the City (1106 82" St., 1108 82nd St., 1312 82°d St., 3415 491h St., 3417 491h St., 2802 E. 41h St, 4105 E. 61s` St., 3406 E. 131h St., 3506 E. Broadway, 3508 E. Broadway, 917 E. 361h St., 919 E. 361h St., 2501 Globe Avenue, 2503 Globe Avenue, 2507 Globe Avenue, 2509 Globe Avenue, 2511 Globe Avenue, 2601 Globe Avenue, 2603 Globe Avenue, 2602 Hickory Avenue, 2604 Hickory Avenue, 3419 49`h St., 3421 491h St.). This item was moved to Regular Agenda and was considered following Item 70. 63 Regular City Council Meeting August 30, 2001 Page 64 RESOLUTION NO. 2001-RO302 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 Sale, by and between the City of Lubbock and Hope Deliverance Temple Church, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of August, 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/ Richard Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2001-R0302. RESOLUTION NO. 2001-RO303 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 Sale, by and between the City of Lubbock and George H. McMahan, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of August, 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 .A Regular City Council Meeting August 30, 2001 Page 65 APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2001-R0303. RESOLUTION NO. 2001-RO304 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 Sale, by and between the City of Lubbock and John Langley, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of August, 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/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2001-R0304. RESOLUTION NO. 2001-RO305 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 f Y. ubbock Garcia a a ttached herewith, and an ontract Sale, by y between the City of Lubbock and Elizabeth associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Regular City Council Meeting August 30, 2001 Page 66 Passed by the City Council this 30th day of August, 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/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2001-R0305. RESOLUTION NO. 2001-RO306 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 Sale, by and between the City of Lubbock and Lionel Lucio Jr., attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2001-R0306. M Regular City Council Meeting August 30, 2001 Page 67 RESOLUTION NO. 2001-RO307 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 Sale, by and between the City of Lubbock and Paul Rivas, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of August, 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/ Richard Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2001-R0307. RESOLUTION NO. 2001-RO308 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 Sale, by and between the City of Lubbock and Shaun A. Harris, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th of August, 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 67 Regular City Council Meeting August 30, 2001 Page 68 APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2001-R0308. RESOLUTION NO. 2001-RO309 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 Sale, by and between the City of Lubbock and Frankie R. Farmer, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of August, 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/ Richard Casner Richard K. Casner Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2001-R0309. These resolutions authorize the Mayor to execute a sales contract and quitclaim deed to each of the successful bidders. These eight bidders, addresses of the property, and bid amounts are as follows: George H. McMahan, 1106 82nd St., 1108 82°d St., 1312 82°d St., $4,000 each for a total of $12,000 and 3415 491h St. & 3417 49"' St., $9,000 each for a total of $18,000; Hope Deliverance Temple Church, 2802 E. 4" St., $1,000; John Langley, 4105 E. 6151 St., $75.00; Elizabeth Y.Garcia, 3406 E. 13`h St., $500; Lionel Lucio, Jr., 3506 E. Broadway & 3508 E. Broadway, $175 each for a total of $350; Paul Rivas, 917 E. 36d' St. & 919 E. 36`h St., $100 each for a total of $200; Shaun A. Harris, 2501 Globe Avenue, 2503 Globe Avenue, 2507 Globe Avenue, 2509 Globe Avenue, 2511 Globe Avenue, 2601 Globe Avenue, 2603 Globe Avenue, 2602 Hickory Avenue, 2604 Hickory Avenue, $219.44 each for a total of $1,975; Frankie R. Farmer, 3419 49`h St. & 3421 49`' St., $11,100 each for a total of $22,200. These properties will now get to go back on the tax roll and the City will no longer have to maintain them. .: Regular City Council Meeting August 30, 2001 Page 69 The Right -of -Way Department recommends the approval of these contracts for sale with these eight buyers. Ed Bucy spoke for the staff Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Resolution No. 2001-RO300 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Patterson recused himself. Next item to be considered was Item No. 16. (32.) Resolution No. 2001-RO320 authorizing the Mayor to execute a lease agreement between the City of Lubbock and Integrated Airline Services, Inc. RESOLUTION NO. 2001-RO320 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and Integrated Airline Services, Inc., and any other related documents. Said Lease Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney - Office Practice A copy of the Lease Agreement is filed with Resolution No. 2001-R0320. The U.S. Postal Service (USPS) recently awarded a nation-wide contract to FedEx to handle all of its airmail. USPS also awarded a contract to Integrated Airline Services, Inc. (IAS) to provide FedEx with ground - handling services at several airports throughout the southwest, including Lubbock International Airport. The proposed agreement involves the short-term lease of a building located on the east side of Lubbock International Airport that will house IAS operations until such time as a new building can be constructed for them on the west side of the airport. Under this agreement, IAS will lease 5,000 square feet of building space on a month -to -month basis, with rental fees in the amount of $1,041.67 •• Regular City Council Meeting August 30, 2001 Page 70 per month (equaling $12,500 per year). In addition, IAS will pay the airport $41.67 per month ($500 per year) for hazard and extended coverage insurance on the building. The Airport Board has reviewed the agreement and recommended approval. Staff also recommended approval of this resolution. (33.) Resolution No. 2001-RO321 authorizing the Director of Aviation, on behalf of the City of Lubbock, to submit an application to the Federal Aviation Administration to impose a Passenger Facility Charge and to use same on certain capital projects at the airport. RESOLUTION NO. 2001-RO321 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 to direct the Director of Aviation on behalf of the City of Lubbock, to submit an application to the Federal Aviation Administration to impose and collect a Passenger Facility Charge to fund certain capital projects at the Lubbock International Airport, 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 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Aviation Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0321. As owner and operator of Lubbock International Airport, the City can apply to the Federal Aviation Administration to impose a Passenger Facility Charge (PFC) to generate funding for FAA approved projects on the airport. Federal law stipulates that funding from the PFC Program is limited to projects that enhance or preserve the safety, security, or capacity of the airport, enhance airline competition, or mitigate noise impacts resulting from aircraft operations. PFC's are levied in the form of a fee that is added to each departure segment of an airline ticket. Most of the nation's air carrier airports currently levy a $3 PFC. The City of Lubbock has collected a $3 PFC since the program's inception in 1993. The City uses its PFC revenue to cover the local matching share of FAA funded capital projects, and to fully fund other eligible projects not covered by the FAA's grant program. In the original application, the City submitted a request to collect a $3 PFC, along with a list of projects FLO Regular City Council Meeting August 30, 2001 Page 71 and budget projections. The projects were reviewed by the FAA and coordinated with the airlines through a mandatory consultation process. The FAA then approved the application and granted the City authority to collect a $3 PFC for a fixed amount of time based on the estimated collection rate and the approved PFC budget projections. From time to time, it is necessary to amend the PFC Program in order to add new projects and to close out old projects that have been completed. Since 1993, the City of Lubbock has amended the PFC Program twice. The amendment process is virtually identical to the original application process, requiring the submission of a budget projection, a review by the FAA, and consultation with the airlines. The end result is FAA approval of a change in the time frame allowed for PFC collections. The proposed application will fund 11 new projects and extend the City of Lubbock's PFC collection authority through FY 03/04. A short summary of the proposed projects is attached. The application will add $3,161,420 in collection authority to the City's program, and will authorize the use of $1,916,867 in PFC funds approved for collection under previous applications. All of the proposed projects are either on Council -approved Airport Master Plan or were mandated by changes in federal regulations. Staff recommended approval of this resolution. (34.) Resolution No. 2001-RO322 authorizing the Mayor to execute a grant agreement between the Federal Aviation Administration and the City of Lubbock. RESOLUTION NO. 2001-RO322 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Grant Agreement between the City of Lubbock and the Federal Aviation Administration funding the construction of Westport Apron and Taxiway Expansion - South, Entrance Road and Canopy Improvements, and General Aviation Ramp Expansion - Taxiway E, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Aviation Manager 71 Regular City Council Meeting August 30, 2001 Page 72 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0322. Lubbock International Airport is eligible to receive annual entitlement funds from the Federal Aviation Administration under the Airport Improvement Program. Funds under this program are restricted to safety and capacity improvements at the nation's airports. This year, Lubbock International's entitlement grant is $3,465,211. The money will be used to fund the following projects: Westport Apron and Taxiway Expansion -South, Entrance Road and Canopy Improvements, and General Aviation Ramp Expansion -Taxiway E. The City Council has already approved the capital budgets and has authorized contracts for design services for all projects. This agenda item involves the acceptance of the AIP grant that will fund the federal share of the projects. The total cost of all projects is estimated to be $6,891,889. Ninety percent of the cost of each project will come from the AIP program. The ten percent local matching funds will come from two sources: $1,629,879 will come from the PFC Program, $17,600 will come from airport reserves. AIP funding for the Entrance Road and Canopy Improvements and the GA Ramp Expansion will come entirely from this year's AIP grant. Funding for the Westport Apron and Taxiway Expansion -South will come from a "multi -year" grant that includes funds from this year's and next year's programs. The FAA uses this funding mechanism to allow sponsors to complete larger projects under one single construction contract rather than breaking the project up into phases. The total amount of the AIP commitment on all three projects is $5,244,410 ($3,465,211 from FY 00/01 and $1,779,199 from FY 1/z). The remaining 10 percent local share ($1,647,479) will be funded as noted above. Staff recommended approval of this resolution. (35.) Resolution No. 2001-RO323 authorizing the Mayor to execute a contract with the US Department of Health and Human Services for the development of a Lubbock Metropolitan Medical Response System. RESOLUTION NO. 2001-RO323 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 between the US Department of Health and Human Services and the City of Lubbock, for the development of a Lubbock Metropolitan Medical Response System, and all 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. 72 Regular City Council Meeting August 30, 2001 Page 73 Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson Emergency Management Coordinator 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-R0323. The National Defense Authorization Act for Fiscal Year 1997, Title XIV, Defense Against Weapons of Mass Destruction, authorizes the Public Health Service, Department of Health and Human Services to provide assistance for local governments to plan, develop, purchase special pharmaceuticals, initiate the equipping and identify the training requirements for a MMRS as the principal resource in responding to the health and medical consequences of a nuclear, biological, chemical, radiological and/or explosive Weapon of Mass Destruction (WMD). The City of Lubbock will be reimbursed a total of $400,000 for the successful completion of the deliverables (1, 2, 3, 4, S, 7, 8, 9, 10, & 11) as outlined in the contract document. The deliverables are focused on the administration of the project, development of a plan, providing training for first responders and the purchase of pharmaceuticals and equipment required for response to a WMD incident. Staff recommended Council approval of this resolution. (36.) Resolution No. 2001-RO324 authorizing the Mayor to accept $280,000 in reimbursements from the Office of Justice Programs for the purchase of specialized training equipment to be used to improve the City of Lubbock's capability to respond to acts of terrorism. RESOLUTION NO. 2001-RO324 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 accept for and on behalf of the City of Lubbock, $280,000 from the Office of Justice Programs to reimburse the City for the purchase of specialized training equipment to be used to improve the City's capability to respond to acts of terrorism, and all related documents. 73 Regular City Council Meeting August 30, 2001 Page 74 Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson Emergency Management Coordinator APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney The Office of the Assistant Attorney General, Office of Justice Programs (OJP) is providing funds to cities participating in the Nunn-Lugar- Domenici (NLD) Domestic Preparedness Program (DPP) for the purchase of specialized training equipment for fire, emergency medical, hazardous materials response services, and law enforcement agencies. The specialized training equipment authorized under this program includes Personal Protective Equipment, Chemical, Biological, or Radiological Detection Equipment and Decontamination Equipment. The City of Lubbock is one of the 157 cities eligible to receive reimbursement funds under this grant program. These funds represent the equipment component of the NLD DPP, and will be used to build the training capacity of these cities, and by extension, their capability to respond to acts of terrorism involving chemical and biological agents, as well as radiological, nuclear, and explosive devices. Staff recommended Council approval of this resolution. (37.) Resolution No. 2001-RO325 authorizing the City Manager to execute any and all documents necessary to exercise the option to purchase for one dollar ($1.00) the water rights as detailed in the May 1991 Water Rights Lease Agreement with J.E. Birdwell, II and wife, Genene B. Birdwell. RESOLUTION NO. 2001-RO325 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: WHEREAS, the City of Lubbock entered into that certain Water Rights Lease Agreement (the "Agreement"), dated on or about May 18, 1991, with J.E. Birdwell, a/k/a John E. Birdwell, II, a/k/a J.E. Birdwell, II and wife, Genene B. Birdwell, regarding the lease of certain water rights in, on and under lands located in Bailey County, Texas, as described on Exhibit "A" attached hereto (the "Lands"); WHEREAS, in addition to the lease of water rights in, on and under the Lands, the Agreement contained an option to purchase, in favor of the City of Lubbock, all of the water rights in, on or under the Lands for the purchase price of One and no/100 Dollars ($1.00) (the "Option"); 74 Regular City Council Meeting August 30, 2001 Page 75 WHEREAS, the Option is exercisable by the City of Lubbock by tendering the purchase price of One and no/100 Dollars ($1.00) to the owner any time within ninety (90) days prior to December 31, 2001; WHEREAS, the City of Lubbock now desires to exercise said Option; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby exercises the Option and directs the City of Lubbock to take all actions necessary or advisable to exercise said Option, and hereby delegates the authority to execute any and all documents necessary to effectuate the exercise of said Option to Bob Cass, City Manager of the City of Lubbock. Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Managing Director Water Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0325. On or about May 18, 1991, the City of Lubbock entered into a Water Rights Lease Agreement with J.E. Birdwell, II and wife, Genene B. Birdwell regarding the lease of water rights in, on and under lands located in Bailey County, Texas. Under this agreement, over the past ten years payments totaling $700,000 have been made. This ten-year lease agreement contained an option for the City of Lubbock to purchase all the water rights in, on and under the lands for the purchase price of one dollar. This option must be exercised by the City of Lubbock any time within 90 days prior to December 31, 2001. The purpose of this resolution is to give proper authority to the City Manager to exercise this option. Completing the purchase of these water rights would serve to provide substantial water to the City of Lubbock both now and in future years. The City of Lubbock has made annual payments over the past ten years to secure and lease these water rights. For the cost of one dollar the option to purchase the water rights can be completed. In view of these considerations, staff recommended approval of this resolution. 75 Regular City Council Meeting August 30, 2001 Page 76 (38.) Resolution No. 2001-RO326 authorizing the Mayor to execute an agreement between the City of Littlefield and the City of Lubbock for the emergency sale of wholesale water. RESOLUTION NO. 2001-RO326 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for the Emergency Sale of Wholesale Water Between the City of Littlefield and the City of Lubbock, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Managing Director Water Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2001-R0326. The groundwater supply pipeline between the Bailey County well field and the City of Lubbock is located near to the City of Littlefield. When the pipeline was constructed in the 1950's a connection was provided to allow emergency sale of water to the City of Littlefield. In recent years due to equipment failures and mainline breaks, the City of Littlefield has requested emergency water use frequently. Both cities agreed that a formal agreement detailing the proper notification and proper procedures for emergency sale of water, as well as the responsibility and expectations of each city, was needed. An agreement was negotiated to address these items. The City of Littlefield has already approved the agreement. This agreement provides all the needed components to ensure proper notification, delivery and sale of water during emergency need. Staff recommended approval of this resolution. (39.) Resolution No. 2001-RO327 authorizing amendment of Environmental Engineering Services agreements with Compliance Services Group, Inc. 76 Regular City Council Meeting August 30, 2001 Page 77 RESOLUTION NO. 2001-RO327 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 Amendment No. 3 to the Agreement for Environmental Engineering Services, dated November 16, 1995, between the City of Lubbock and (CSG) Compliance Services Group, Inc., 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. Passed by the City Council this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /S/ Dan Dennison Dan Dennison Environmental Compliance Manager 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-R0327. On November 16, 1995, the Mayor signed a resolution authorizing Environmental Engineering Services agreements with Compliance Services Group, Inc. for investigation and abatement of possible subsurface contamination at the City of Lubbock Fire Training and Airport Crash Fire Rescue (CFR) sites. The ensuing investigation is being accomplished in phases. The first phase of the project included historical research, preparation of site investigation plans, and screening level soil/groundwater testing procedures. On September 30, 1997 the Mayor authorized additional soil/groundwater sampling and assessment procedures deemed advisable by TNRCC. On September 9, 1999, the Mayor signed a resolution authorizing amendment of the original agreement with the vendor to update previously unknown costs for what was hoped to be final groundwater investigations and assessment reports, which were completed and reported to the TNRCC. However, the agency has directed continuation of the investigation in order to definitively demonstrate the exact boundaries of some contaminants that are present in low levels, which has resulted in the need for additional assessment activities. Council approval is requested to amend the original agreement with the vendor to allow continuation of the subsurface investigation of soil and groundwater as directed by TNRCC, and bring the investigation to full completion. Staff recommended Council approve this resolution. 77 Regular City Council Meeting August 30, 2001 Page 78 (40.) Resolution No. 2001-R0328/RFP 00-020/HB-Automatic Phone Calling System (Police Department). RESOLUTION NO. 2001-RO328 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement between the City of Lubbock and Dialogic Communications Corporation, for the purchase an Automatic Phone Calling System, 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 30th day of August, 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 Agreement is filed with Resolution No. 2001-R0328. This contract is for the purchase of an automatic telephone calling system for the Lubbock Police Department using Local Law Enforcement Block Grant funds. The system is state of the art technology enabling quick contact with residents and businesses through a recorded message within either a broad or very specific geographic area. The system is a means of communicating with citizens and conveying important information using both a database and mapping technology to define highly sophisticated and precisely targeted communications. The system can be used to notify residents of evacuations (bomb threats, chemical spills, etc.), inclement weather, crime alerts in the area, etc. The system will save time and manpower because of immediate contact with citizens through a recorded message. Citizens will benefit because they will be more informed and more involved with the community. An Automatic Telephone Calling System will be used for many purposes including: 1. Notifying residents of evacuations (i.e., bomb threats, chemical spills, fires, etc.) 2. Notifying residents of neighborhood association meetings. Regular City Council Meeting August 30, 2001 Page 79 3. Notifying business owners of scams or forgeries. 4. Notifying residents of missing children. 5. Notifying on duty and/or off duty response personnel about emergency situations. 6. Notifying residents of inclement weather. 7. Notifying residents of crime alerts in their area. The selection committee ranked the respondents to the RFP as follows: Dialogic Communications Corporation of Franklin, TN 99 % Sigma Micro Corporation of Indianapolis, IN 80 % Staff recommended contract award to Dialogic Communications of Franklin, Tennessee. The contract amount is $47,000 and is within the Law Enforcement Block Grant budget. (41.) Resolution No. 2001-RO329/BID 166-01/RS-Municipal Lease/Purchase Financing of Equipment (Fleet Services). This bid is for lease purchase financing of the following equipment. Bids for the equipment were approved at previous City Council meetings. RESOLUTION NO. 2001-RO329 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 municipal lease/purchase financing of equipment, by and between the City of Lubbock and Key Municipal Finance of Portland, Oregon 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 30th day of August, 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-RO329. 79 Regular City Council Meeting August 30, 2001 Page 80 Quantily Equipment Description Using Department Purchase Price 1 Each New Holland TM135 Land Application $ 45,037.00 Tractor 2 Each Rome TC2 6048 Land Application $ 45,000.00 Compactor 1 Each Caterpillar 963C Solid Waste $ 215,890.00 Loader 1 Each Case 721C Front End Solid Waste $ 116,575.00 Loader 1 Each Caterpillar D8R II Solid Waste $ 417,565.00 Tractor 1 Each John Deere 644H Solid Waste $ 155,940.00 Loader 1 Lot Center Pivot System & Land Application $ 118,219.80 Parts Total Amount Financed: $1,117,726.80 The low bid is 4.39 % from Key Municipal Finance of Portland, Oregon. Five annual payments of $243,154.38 each will be paid in advance and interest will total $98,099.15. Staff's analysis estimates that the overall benefit of leasing will amount to $18,833. Lease and purchase result in differing net cash outflows per month and the various amounts could be reinvested to earn interest. For purposes of the analysis, it was presumed cash could be reinvested to earn a rate of 5%. The interest adjusted net cash outflows for leasing is $1,098,893 compared with $1,117,726 for purchasing. (42.) Resolution No. 2001-RO330/BID 174-01/RS4ntersection Development Corporation Pedestrian Traffic Signals (Traffic Operations). RESOLUTION NO. 2001-RO330 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 for pedestrian traffic signals per ITB #174-01/RS, by and between the City of Lubbock and U.S. Traffic Corporation of Santa Fe Springs, California 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 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary :1 Regular City Council Meeting August 30, 2001 Page 81 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-R0330. This bid is for the purchase of 240 pedestrian signal heads to be used in the downtown area. The new units will replace existing antiquated equipment. The new units will be more attractive and will provide reliable service for many years. The low bid is $25,020 from U.S. Traffic Corporation of Santa Fe Springs, California and is within the System Capital Outlay -Traffic Control System budget. (43.) Resolution No. 2001-R0331/BID #180-01/RS-Copper Rawlings Community Center Renovations (Facilities Management). RESOLUTION NO. 2001-R0331 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 Copper Rawlings Community Center renovations-ITB #180-01/RS, by and between the City of Lubbock and Lubbock Building Services 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 30th day of August, 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 3 Regular City Council Meeting August 30, 2001 Page 82 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 30th day of August, 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 Lubbock Building Services of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #180-01/RS - Copper Rawlings Community Center Renovations - $28,659.00 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/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James T. Garner CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services P. O. Box 65600-194 Lubbock, Texas 79401 Regular City Council Meeting August 30, 2001 Page 83 This project involves the renovation of the Copper Rawlings Community Center. Renovations will include a new lay -in acoustical ceiling, lighting and heating, ventilating, and air conditioning in the game room, paint trim on the doors and windows throughout the facility, new exterior doors and new ventilation in the restrooms. The low bid is $28,659 from Lubbock Building Services of Lubbock, Texas and is within the Building Capital Outlay -Copper Rawlings Community Center budget. (44.) Resolution No. 2001-R0332/BID #182-01/RS-44ae Simmons Outreach Center Renovations (Facilities Management). RESOLUTION NO. 2001-RO332 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 Mae Simmons Outreach Center renovations-ITB #182-01/RS, by and between the City of Lubbock and Art Cuevas Construction, Inc. 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 30th day of August, 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-R0332. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 30th day of August, 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 Art Cuevas Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the Regular City Council Meeting August 30, 2001 Page 84 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #182-01/RS - Mae Simmons Outreach Center Renovations - $95,695.89 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/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Zelda Cuevas CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Art Cuevas Construction, Inc. By: /s/ ArtCuevas PRINTED NAME: ArtCuevas TITLE: President COMPLETE ADDRESS: Art Cuevas Construction, Inc. 7406 83rd Street Lubbock, Texas 79424 This project involves the renovation of the Mae Simmons Outreach Center. Renovations will include new Americans with Disabilities Act (ADA) Restrooms, new floor covering, new HVAC, new storefront entry, new painting and a new roof. The entrance to the facility will be modified to comply with ADA requirements. The low bid is $95,695.89 from Art Cuevas Construction of Lubbock, Texas and is within the Building Capital Outlay -Mae Simmons Renovations budget. (45.) Resolution No. 2001-R0333/BID #186-01/RS-City of Lubbock Municipal Tennis Center Renovations (Facilities Management). Regular City Council Meeting August 30, 2001 Page 85 RESOLUTION NO. 2001-RO333 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 City of Lubbock Municipal Tennis Center renovations-ITB #186-01/RS, by and between the City of Lubbock and Lubbock Building Services, Inc. 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 30th day of August, 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-R0333. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 30th day of August, 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 Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #186-01/RS - City of Lubbock Municipal Tennis Center Renovations - $46,445.00 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. NM Regular City Council Meeting August 30, 2001 Page 86 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/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President Corporate Secretary COMPLETE ADDRESS: Lubbock Building Services, Inc. /s/ James T. 1717 Avenue K, Ste 203 Lubbock, Texas 79401 This project involves the renovation of the Municipal Tennis Center. Renovations will include new spray on acoustical ceiling, lighting, interior painting throughout the facility, new exterior doors, flooring, restroom renovations and new millwork. The low bid is $46,445 from Lubbock Building Services of Lubbock, Texas and is within the Building Capital Outlay -Municipal Tennis Center budget. (46.) Resolution No. 2001-R0334/BID #196-01/RS-Fire Administration Complex Landscaping and Irrigation System (Facilities Management). RESOLUTION NO. 2001-R0334 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 fire administration complex landscaping and irrigation system-ITB #196-01/RS, by and between the City of Lubbock and Tom's Tree Place 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. :. Regular City Council Meeting August 30, 2001 Page 87 Passed by the City Council this 30th day of August, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 30th day of August, 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 Tom's Tree Place, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #196-01/RS - Fire Administration Complex Landscaping and Irrigation System - $287,26.00 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. Regular City Council Meeting August 30, 2001 Page 88 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Shellie Scarborough CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Tom's Tree Place By: /s/ Alex Scarborough PRINTED NAME: Alex Scarborough TITLE: Vice President COMPLETE ADDRESS: Tom's Tree Place 5104 34th Street Lubbock, Texas 79410 This project involves landscaping for the Fire Department's Administration Complex. The work will include a sprinkler system, ground covering, shrubbery, trees and minor side walk construction. This project is budgeted at $290,000. The plans and specifications for this project were prepared by Turner Land Architecture, LLC. The bid specifications included a base bid and five bid options. Two local firms submitted bids on this project. Staff's recommendation is to accept the base bid and bid options 1, 2, 3, and 5. The low bid is $287,426 from Tom's Tree Place of Lubbock, Texas and is within the Building Capital Outlay -Fire Administration Complex budget. (47.) Resolution No. 2001-R0335; Resolution No. 2001-R0336/BID #200- Ol/RS-Emergency Purchase of HDPE Pipe and Fittings (Water Engineering). RESOLUTION NO. 2001-R0335 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 for emergency purchase of HDPE pipe & fittings per RFQ #200-01/RS, by and between the City of Lubbock and Western Industrial Supply, LLC 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. o• Regular City Council Meeting August 30, 2001 Page 89 Passed by the City Council this 30th day of August, 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-R0335. RESOLUTION NO.2001-RO336 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 for emergency purchase of HDPE pipe & fittings per RFQ ##200-01/RS, by and between the City of Lubbock and Onda-Lay Pipe & Rental, Inc. of Hobbs, New Mexico 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 30th day of August, 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-R0335. This bid is for the purchase of various sizes of high -density polyethylene pipe to be installed by city personnel at the North Avenue P landfill. Quarterly monitoring detected the presence of methane gas on the west Regular City Council Meeting August 30, 2001 Page 90 side of the landfill that exceeded explosive levels creating a threat to the health and safety of employees, citizens and property. City personnel will construct and install a landfill gas collection treatment system to correct the presence of methane gas. The installation of this system is necessary to achieve Texas Natural Resource Conservation Commission compliance. The current level of methane gas has exceeded the permit and regulatory requirements crating a threat to the health and safety of citizens and property. The low bids are $67,356 from Western Industrial Supply, LCC of Lubbock, Texas and $99,500.06 from Onda-Lay Pipe and Rental, Inc. of Hobbs, New Mexico. The low bids are within the Methane Monitoring Projects budget. (48.) Resolution No. 2001-R0337/RFQ #232-01/VK-Print Shop Imaging System (Print Shop). RESOLUTION NO. 2001-RO337 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 RFQ #232- 01/VK for print shop imaging system, by and between the City of Lubbock and Danka Office Imaging of Irving, 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 30th day of August, 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-RO335. This contract is for the purchase of a new digital high speed networked imaging system for the Print Shop. The Print Shop's current system is a Kodak 2110 that was purchased in 1993 and has produced over 31 million copies. The technology of the new imaging system will facilitate print on demand, open architecture, increased system reliability, and improved output quality. Upgrading the imaging system will add value to services rendered to city departments and other government agencies Regular City Council Meeting August 30, 2001 Page 91 served by the Print Shop, increase Print Shop capabilities and efficiencies, and reduce downtime and cost of materials. Quotes were solicited from State of Texas Qualified Information Services Vendors. The lowest catalog pricing for the desired configuration is $222,468.50 from Danka Office Imaging of Irving, Texas and is within the Equipment Capital Outlay - Computer Equipment budget. Staff recommended award of each bid to the bidder as indicated on the _ tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. PUBLIC HEARINGS (49.) Ordinance No. 2001-00064 - ZONE CASE NO. 2915 (2115 Avenue L.): Hold a public hearing to consider request of Rosalinda Gonzales for a zoning change from R-3 to AM Specific Use for a restaurant on Lots 4 and 5, Block 1, A.W. Jackson Addition. ORDINANCE NO.2001-00064 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2915; A ZONING CHANGE FROM R-3 TO AM SPECIFIC USE ZONING FOR A RESTAURANT ON LOTS 4 AND 5, BLOCK 1, A.W. JACKSON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of the Planning Commission. No one appeared in opposition). Mayor Sitton closed the hearing at 4:05 p.m. The proponent would utilize a vacant tract at Avenue L and 23rd Street for a small family -operated restaurant. Adjacent land uses: North - residential South - city park East - residential West - residential The proposed use is not entirely consistent with the Comprehensive Land Use Plan. Although the Plan indicates single-family for the area, and a majority of the immediately adjacent existing homes are single-family, the land is zoned R-3, a high -density apartment zone. That zoning is a holdover from the "old days", staff think as a buffer zone of the R-2 (duplex) zoning further west from the heavy commercial and industrial zoning in the Texas Avenue corridor. The flea market and other heavy commercial uses are one-half block to the east. The zone case is submitted as AM Specific Use, in that the specific use section provides for restaurants. As AM, the Comprehensive Plan does not consider the zoning as true commercial, but rather is a buffer district. This area is in transition. The home next door is in great shape, but most in the area are deteriorated. A vacant lot exists to the east. 91 Regular City Council Meeting August 30, 2001 Page 92 The objective of the proponent is to provide her family with supplemental income and to provide food services in the vicinity of the flea market complex east of Avenue K. The family bought the lot with the restaurant in mind as a weekend family business. Typically, introduction of light retail in a residential district is not good policy and does not promote compatible adjacent land uses. In this vicinity, with the flea market and many other businesses to the east, this distinction is blurred. No reaction was expressed by property owners in the area. The project would not create a huge impact on traffic in the area. As noted, a large commercial concentration exists to the east and the neighborhood is accustomed to outside traffic. Staff comments to the Planning Commission included the statement that while the request is not consistent with the theory of land use, from the perspective of the family business being a service to the neighborhood, the general character of the area, and the fact that the lot is vacant and will likely not be used for a new home, approval would perhaps not be a negative thing. The Planning and Zoning Commission recommended approval of this request with two conditions: 1. If a metal building is used for the restaurant, architectural decorative materials shall be placed on the two sides facing Avenue L and 23`d Street. 2. Tied to the proposed site plan for building location and parking. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00064 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (50.) Ordinance No. 2001-00065 - ZONE CASE NO. 1846-B (2715 North Loop 289): Hold a public hearing to consider request of Lubbock County (for Randall Hickle, CEO -Scott Lab Inc.) for a zoning change from A-2 to AM on an unplatted 6.664 acre tract out of Section 17, Block A. ORDINANCE NO. 2001-00065 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1846-B; A ZONING CHANGE FROM A-2 TO AM SPECIFIC USE ZONING ON AN UNPLATTED 6.664 ACRE TRACT OUT OF SECTION 17, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of the staff. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. The proposed site is west of the Lubbock County Youth Facility, north of the Canyon Lakes. 92 Regular City Council Meeting August 30, 2001 Page 93 Adjacent land uses: North - Loop 289 South - Canyon Lake #1 East - County Youth Facility West - Canyon Lake #1 The project is consistent with both the Comprehensive Land Use Plan and zoning policies. In fact, the proposed development is exactly what has been envisioned for years as a private sector land use that complements the Canyon Lakes. Dr. Hickle is interested in having the research facility in a location that uses the park vista. The project will have no appreciable effect on the thoroughfare system. No access from the park road will be allowed because of guidelines from Texas Parks and Wildlife. One request of the proponent is to not pave a portion of the required parking. The research nature of the business creates the need for a rather large building with very few employees. No members of the public go to the facility. To avoid an unnecessary amount of asphalt parking paving, the staff would recommend use of a Specific Use Permit for a condition. The construction plans submitted for a permit should illustrate a parking lot that will accommodate the entire 11150 code requirement. The staff and proponent shall agree on an amount of actual paved spaces at the time of construction. In addition, the condition should require that should a change of the building or a shortage of parking be identified with the existing occupant, that the Building Official shall require additional parking be installed. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. When a construction permit is requested, the site plan shall identify a parking lot designed to meet the AM parking ratio of 11150 for the entire building. 2. The Planning staff and proponent shall agree on an actual number of spaces to be paved with initial construction. 3. Should a change of occupancy occur necessitating the need for an increased number of parking spaces or should the EIS Department verify a shortage of parking, the Building Official shall require additional spaces be paved. The additional number shall be sufficient address the shortage, up to the ratio of 11150. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00065 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (51.) Ordinance No. 2001-00066 - ZONE NO. 2916 (northeast quarter of Section 26, Block AK): Hold a public hearing to consider request of the City of Lubbock for a zoning change from T to IHC, IHI and C- 3 on Lots I-71, West 82°d Street Commercial Park, Lots I-39, Westview Commercial Area, 1A-5A, Westview Commercial Area No. 2, Lots IA-41 S&P West 82"d Business Park, unplatted 16.98 acre and 17 acre tracts of land out of Section 26, Block AK. 93 Regular City Council Meeting August 30, 2001 Page 94 ORDINANCE NO. 2001-00066 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2916; A ZONING CHANGE FROM T TO IHC, IHI AND C-3 ZONING ON LOTS 1-71, WEST 82ND STREET COMMERCIAL PARK, LOTS 1-39, WESTVIEW COMMERCIAL AREA, IA-5A, WESTVIEW COMMERCIAL AREA NO. 2, LOTS 1A-41, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of the Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. The land proposed for zoning is within the area annexed in 1999. As part of that annexation process, the staff committed to providing zone cases for a number of the substantially developed subdivisions. The bulk of the quarter section is developed with heavy commercial and light industrial uses. In theory, until the area is zoned, no new building permits may be issued. The staff has worked with several landowners that had plans in progress when annexed to allow construction permits. Adjacent land uses: North - commercial South - vacant East - vacant/single family West - vacant The proposal is consistent with the Comprehensive Land Use Plan amendment approved for the annexed area. The proposal is to use the Interstate Districts4nterstate Commercial along 82"d (as has been used to the north and west), and Interstate Industrial for the interior. The IHI allows the metal construction that dominates the area while requesting architectural decorative materials on the office portion. The area adjacent to 82"d Street and Upland remains vacant, and the proposed zoning is C-3 to be consistent with other intersection corners within the City. The volume of commercial at this vicinity was inherited during the annexation and is far beyond the normal policy amounts. The proposed IHC and IHI zoning will allow the heavy commercial area to complete development with a set of guidelines that are comparable to the deed restrictions originally established by the developers. The C-3 zoning on the corner tract will accommodate a shopping center. The proposal will create no additional effect on traffic in the area. The Planning and Zoning Commission recommended approval of this request subject to the following condition for the C-3 parcel: That a site plan indicating layout as well as construction materials shall be reviewed by the Planning Commission prior to a construction permit. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00066 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Regular City Council Meeting August 30, 2001 Page 95 (52.) Ordinance No. 2001-00067 - ZONE CASE NO. 2917 (3606, 3610, 3612, 3616 23`d Street): Hold a public hearing to consider request of Tommy J. Swann (for Kirk & Reynolds, LLP) for a zoning change from R-1 to AM for medical offices on Lots 12-14 and 16, Block 1, Eubanks -Fort Addition. ORDINANCE NO. 2001-00067 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2917; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOTS 12-14 AND 16, BLOCK 1, EUBANKS-FORT ADDIITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. The proposal is for a medical office within the policy district in the area south of Covenant. Adjacent land uses: North - residential South - residential and medical East - medical West - residential The proposal is consistent with the Comprehensive Land Use Plan and will comply with the development standards for AM when constructed. The project should have little negative effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00067 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (53.) Ordinance No. 2001-00068 - ZONE CASE NO. 2918 (east of Upland Avenue and south of the half section line): Hold a public hearing to consider request of Patrick Conner (for Director's Choice, Inc.) for a zoning change from T to R-1 Specific Use (residential estates) and GO on an unplatted 40-acre tract out of the southwest quarter of Section 22, Block AK. ORDINANCE NO. 2001-00068 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2918; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE (RESIDENTIAL ESTATES) AND GO ZONING ON AN UNPLATTED 40-ACRE TRACT OUT OF THE SOUTHWEST QUARTER OF SECTION 22, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 95 Regular City Council Meeting August 30, 2001 Page 96 Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. This zone case is located on the far edge of the area annexed in 1999. The proponent purchased the forty -acre tract to have a rural home with stock and an office on the front (Alcove). Adjacent land uses: North - vacant South - vacant East - vacant West - vacant The proposal is reasonably consistent with the Comprehensive Land Use Plan. As Garden Office, the office use is considered a buffer district versus true commercial. The proposed office portion is adjacent to Alcove at the half section line on the north. The parcel contains or is immediately adjacent to the high-tension electric line easement within what staff term the "107`' Street Corridor", where a collector would normally be located. The power line easement has complicated the location of the usual collector street at the half section line all across South Lubbock. The Residential Estates zoning will allow a home and stock on the 35 remaining acres. To the south is a home and barns on 80 acres that has a "menagerie" of animals including llamas and other exotic animals. The area is definitely remote from standard development in the near term. With these two districts in place, the project will be consistent with zoning policy. The project will have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request with a condition: The total number of livestock on the RE tract shall not exceed 16. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, and seconded by Councilmember McDougal to approve Ordinance No. 2001-00068 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (54.) ZONE CASE NO. 2919 (south of 102" Street and east of Elgin Avenue): Hold a public hearing to consider request of Fr. Ben Kasteel (for Roman Catholic Diocese of Lubbock) for a zoning change from T to A-2 limited to a church and church -related uses on an unplatted 20-acre tract of land out of the north half of Section 20, Block E2. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission and requested that Zone Case No. 2919 be denied without prejudice. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. The request would provide for a future building tract for a church. .f Regular City Council Meeting August 30, 2001 Page 97 Adjacent land uses: North - residential South - farm East - residential West - farm The proposal is reasonably consistent with the Comprehensive Land Use Plan. Although the Plan contemplates church tracts on the perimeter of a square mile and the edge of subdivisions, this parcel will be adjacent to collector level streets in this square mile. In addition, a large playa exists to the northeast that will inhibit development. The new Lubbock - Cooper elementary school is to the southwest of this parcel. When the church plats the property and develops the buildings, they will comply with A-2 development standards. The facility should not negatively affect the thoroughfare system. In terms of local traffic, the church zoning will be in place as surrounding residential is built. The Planning and Zoning Commission recommended approval of this request subject to a condition: A-2 limited to a church and church related uses. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to deny without prejudice Item No. 54 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (55.) Ordinance No. 2001-00069 - ZONE CASE NO. 2831-A (north of 108`h Street and west of Akron Avenue): Hold a public hearing to consider request of Burl W. Masters (for Sunrise Development & Construction, LTD) for a zoning change from R-1 to R-1 Specific Use for garden homes with a 5-foot front setback on cul-de-sacs, on an unplatted 13.62 acre tract out of Section 20, Block E2. ORDINANCE NO.2001-00069 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2831-A; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON AN UNPLATTED 13.62 ACRE TRACT OUT OF SECTION 20, BLOCK E2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. This request represents an adjustment in the style of home proposed on a portion of the Sunrise Addition. The proposal is garden homes. Adjacent land use: North - farm and residential South - vacant East - University West - vacant 97 Regular City Council Meeting August 30, 2001 Page 98 As residential, the Garden Home proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The request includes a condition allowing a minimum five-foot setback on cul-de-sac lots for the non -garage portions of homes. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Setback on cul-de-sac lots for non -garage portions of structures may be five feet. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke and seconded by Councilmember McDougal to approve Ordinance No. 2001-00069 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (56.) Ordinance No. 2001-00070 - ZONE CASE NO. 2920 (south of 19`h Street and west of Elmwood Avenue): Hold a public hearing to consider request of Roy Middleton for (Todd and David Forbes) for a zoning change from C-3 to C-4 Specific Use for mini -warehouses on a 2.17 acre portion of land out of Tract U-2-A-1, Greenlawn Addition. ORDINANCE NO. 2001-00070 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2920; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON A 2.17 ACRE PORTION OF LAND OUT OF TRACT U-2-A, GREENLAWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. The request would provide for mini -warehouse development on a parcel behind commercial on 191h and north of student housing at LCU. Adjacent land uses: North - commercial South - LCU property and the City of Lubbock recycling station East - church West - commercial The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The mini -warehouse project will utilize an area of land that would otherwise be difficult to develop as commercial. The church property to the east is zoned a residential district, although the use is not residential. The Code indicates the need for a 6-foot masonry fence adjacent to residential zoned property. The staff proposed a condition allowing for fence materials and location to be a decision by the developer. The proposal will have no negative effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request with a condition: Regular City Council Meeting August 30, 2001 Page 99 Materials and location of perimeter fence shall be the option of the developer. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00070 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (57.) Ordinance No. 2001-00071 - ZONE CASE NO. 2689-A (south of 19`h Street and east of Quitsna Avenue): Hold a public hearing to consider request of Shawn Fuller (for Yolanda and Jack Scheffel) for a zoning change from C-4 and R-1 to C-4 on an unplatted 805.9 foot by 140 foot tract of land out of Section 6, Block D-6. ORDINANCE NO. 2001-00071 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2689-A; A ZONING CHANGE FROM C-4 AND R-1 TO C-4 ZONING ON AN UNPLATTED 805.9 FOOT BY 140 FOOT TRACT OF LAND OUT OF SECTION 6, BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. This request is on a parcel at 19' and Quitsna (formerly War Highway). The corner is zoned C-4 with conditions as are many parcels from Loop 289 to the west city limits. The request is to zone the entire parcel consistent with the current corner. Adjacent land uses: North - vacant 19' Street South - trailer park East - nonconforming commercial West - trailer park The request is consistent with the Comprehensive Land Use Plan with the parcel being somewhat longer than the standard 660 feet, but the layout of the area was determined prior to being annexed in 1984. Future commercial development will meet Code standards. One existing commercial structure on the parcel is proposed as a barbershop if the zoning is approved. An existing home will become nonconforming. The proposal will have no effect on the thoroughfare system. A strike list from the ordinance on the corner parcel was proposed by the staff. The Planning and Zoning Commission recommended approval of this request with a condition: The permitted C-4 uses shall exclude the following: • Auto body shops • Billboards • Commercial private clubs and teenage clubs • Dancehall Regular City Council Meeting August 30, 2001 Page 100 • Feed store • Used furniture store • Game room (except as an incidental use in a restaurant), pool, billiard and/or domino parlor • Motorcycle shop • Public kennel • Second hand goods or pawn shop • Used car lot • nightclubs The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00071 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (58.) Ordinance No. 2001-00072 -ZONE CASE NO. 2828-C (south of 103'd Street and east of Vicksburg Avenue): Hold a public hearing to consider request of Hugo Reed & Associates, Inc. (for Lubbock Land Co.) for a zoning change from R-1 Specific Use to R-1 Specific Use for garden homes and to allow a reduced front and side setback on specified lots. ORDINANCE NO. 2001-00072 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828-C; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES AND TO ALLOW A REDUCED FRONT AND SIDE SETBACK ON SPECIFIED LOTS ON AN UNPLATTED 18.95 ACRE TRACT OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. The request is to zone a row of lots along Vicksburg for Specific Use as townhomes, a condition allowing a five foot setback on the north lot at 105`h and Vicksburg (versus a ten foot setback), a twenty foot front setback for the rest of the non -cul-de-sac lots and the rapidly -becoming - standard of five feet on the cul-de-sac lots on 104`'', Utica Drive, Utica Avenue and Vale Avenue. Adjacent land use is residential in all directions. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The staff supports the request as submitted with an additional condition for the proposed Lot 200, that the rear yard fence not extend beyond the rear building line (toward Vicksburg) of the home. With the permitted fifteen -foot setback on Vicksburg, a fence built on the property line to the front edge of the home would interfere with the line of sight along Vicksburg from 105`h. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 100 Regular City Council Meeting August 30, 2001 Page 101 1. Lot 200 may have a five-foot side setback from 105' Street. 2. The backyard fence on Lot 200 adjacent to 105' Street shall not extend further west (toward Vicksburg) than the back edge of the home. 3. Proposed Lots 157-158, 184-185, 190-191, and 196-197 may have a five-foot front setback for any non -garage portion of the home. 4. The remaining lots may have a twenty -foot front setback. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00072 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (59.) Ordinance No. 2001-00073 - ZONE CASE NO. 2458-C (3601 North Loop 289): Hold a public hearing to consider request of Graugnard Place, LTD for a zoning change from R-1 to R-1 Specific Use for townhomes on an unplatted 20.75 acre tract out of Section 18, Block A. ORDINANCE NO. 2001-00073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2458-C; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR TOWNHOMES ON AN UNPLATTED 20.75 ACRE TRACT OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. The proposed project would be an income -assisted community with town home development, similar to the new Windcrest project to the east. Adjacent land uses: North - Loop 289 South - Texas Tech University property East - apartment complex West - vacant The proposal is consistent with both Comprehensive Land Use Plan and zoning policy. The project will have no adverse effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00073 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 101 Regular City Council Meeting August 30, 2001 Page 102 (60.) Ordinance No. 2001-00074 - ZONE CASE NO. 2017-B (4902 341' Street, Suite 30): Hold a public hearing to consider request of Mary Rosales (for Cecil's Place) for a zoning change from C-3 to C-4 limited to a gameroom, pool, billiard and/or domino parlor, and all unconditionally permitted C-3 uses on a 60.3 foot by 35.0 foot portion out of Tract A of Lot H, Bender Terrace Addition. ORDINANCE NO. 2001-00074 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2017-13; A ZONING CHANGE FROM C-3 TO C-4 ZONING LIMITED TO A GAMEROOM, POOL, BILLIARD AND/OR DOMINO PARLOR, AND ALL UNCONDITIONALLY PERMITTED C- 3 USES ON A 60.3 FOOT BY 35.0 FOOT PORTION OUT OF TRACT A OF LOT H, BENDER TERRACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:00 p.m. Randy Henson appeared on behalf of Planning Commission. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 p.m. The request would allow a billiard business in the Bender Terrace Shopping Center. The Planning staff incorrectly indicated to the son of the proponent that the zoning was ok for the billiards use, having misunderstood which shopping center was being referenced. The Terrace Center was not rezoned to IHC, while the Sentry Center to the west at 34`' and Brownfield was rezoned. The proponent has leased the space and made some improvements. During the recent zone case for the Marsha Sharp Freeway corridor, the shopping center was left out because of no apparent need for the heavier zoning. Had the center been included in the corridor rezoning, the proposed use would be permitted. Since that case, the VA is in the process of vacating the building and the center operator is seeking new tenants. There are numerous locations in the vicinity where the billiards would be a permitted use. Adjacent land uses: North - commercial South - commercial East - Coronado High School West - commercial As commercial, the proposal is consistent with the Comprehensive Land Use Plan. The Center is zoned C-3. Regarding zoning policy, there are no issues as the building is already constructed. The proposal will have no negative effect on the thoroughfare system. The staff finds no fault with the proposal. Since the business plan proposes to operate without an alcohol permit, a condition prohibiting an alcoholic beverage permit was suggested by the staff and approved by the business owner. The Planning and Zoning Commission recommended approval of this request with a condition: The billiard hall shall not be eligible for an alcoholic beverage permit. 102 Regular City Council Meeting August 30, 2001 Page 103 The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Ordinance No. 2001-00074 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 54. (61.) Hold a public hearing on the tax rate for Fiscal Year 2001-2002 for the City of Lubbock. This item was considered following Item No. 74. Debra Forte', First Assistant City Manager and Tommy Gonzales, appeared on behalf of staff and fielded questions from Councilmembers. Mayor Sitton opened the public hearing at 4:35 p.m. David Delamar representing the Libertarian Party appeared addressing lowering taxes. Mikel Ward representing Spartan also addressed the tax rate. Mayor Sitton closed the hearing at 4:40 p.m. (62.) Set a date for public meeting to adopt and levy tax rate for Fiscal Year 2001-2002. At its budget work session meetings in July and August, the City Council discussed the proposed budget and the proposed tax rate necessary to fund debt and operations and maintenance requirements for the General Fund. At that time the City Council voted to propose a tax rate of 57 cents per $100 valuation and to set a date for a public hearing to allow citizen input on that proposed rate. -- Under current state law, municipalities have the latitude to adopt and levy a tax rate of up to 3 % above the effective rate (that rate which will generate the same amount of revenue from the same property on the tax rolls the prior year) without requiring publication of additional one- fourth page notices and a separate hearing to announce a tax revenue increase. This allows municipalities a modest growth of up to 3 % over the effective rate in order to help offset some of the increased costs of services and delivery of additional services in a growing community. Truth -in -taxation laws very strictly regulate the calculation and timetable for the adoption of a tax rate as well as for the form and content of published notices. The proposed rate of 57 cents per $100 valuation for the FY 2001-2002 budget does not exceed 3 % of the effective tax rate and is below the roll back rate. Therefore no public hearing or publication was necessary this year. However, in an effort to gather citizen feedback, a public hearing will be held. The final certified tax from the Lubbock Central Appraisal District was $6,909,309,707. New property and improvements totaled $157,907,701 -- with changes and re -valuations totaling $141,067,109. After today's public hearing on the tax rate the City Council will set a date to adopt and levy a tax rate. In addition, the remainder of the budget schedule follows: September 4: Publish one-fourth page ad "Notice of Vote on Tax Rate". This must be published before the meeting to adopt and levy tax rate. 103 Regular City Council Meeting August 30, 2001 Page 104 September 13: Next scheduled City Council meeting, there will be the second reading of ordinances to adopt a budget, adopt and levy tax rate, and adopt change of water and sewer rates. After adoption, copy of the final Budget is filed with City Secretary and County Clerk's Office. Action required by Council following the public hearing on the tax rate is that they set the date and time of the public meeting at which they will adopt and levy tax rate. This may be set by minuted action of the Council. There is an action item on the Council agenda to record that action. The date for that public meeting is set for September 13, 2001 at 10:30 a.m. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to set September 13, 2001 at 10:30 a.m. as date for public meeting to adopt and levy tax rate for Fiscal Year 2001-2001 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (63) Hold a public hearing on the proposed budget for Fiscal Year 2001- 2002 for the City of Lubbock. Mayor Sitton opened the public hearing at 5:03 p.m. David Delamar and Terrence Brown representing the Libertarian Party, Jerry Tinklin, Mikel Ward and Ann Jenkin appeared in opposition. Mayor Sitton closed the hearing at 5:20 p.m. Debra Forte' responded. A public hearing has been posted and notices published as required by state law to allow taxpayers an opportunity to comment on the proposed FY 2001-2002 budget. The public hearing is scheduled for 5:00 p.m. on Thursday, August 30, 2001. The budget was filed with the City Secretary's Office as required by state law and also made available for public review at the City Libraries and Community Centers. The proposed budget complies with all legal requirements and all mandatory notices have been published. No property tax rate increase is proposed; it remains at 57 cents per $100 valuation. Total net assessed valuation as certified by the Lubbock Central Appraisal District is $6,909,309,707 representing a 4.5 % increase over last year's total net assessed valuation. General Fund expenditures are projected to be $91,789,461. This represents an increase of $850,382 or 0.9% over the Revised 2000-01 budget. The Community Investment Fund, established in FY 1998-99, will again receive 1 % of gross revenues from those Enterprise Funds that benefit from community growth: Electric, Water, Sewer and Solid Waste. Additionally, the Solid Waste Fund will contribute an additional enhanced contribution of $1 million to the Community Investment Fund. The Community Investment Fund is a separate fund that will be used for economic development projects as approved by Council. At the end of each fiscal year transfers will be made subject to any extraordinary events that might require the funds to be used to meet operating requirements. Annual review will be conducted by the City Manager prior to the transfer to assure that the transfer to the Community Investment Fund does not jeopardize the integrity of the contributing operating funds. 104 Regular City Council Meeting August 30, 2001 Page 105 This year a change in the Community Investment Policy for the General Fund is proposed. A resolution change is included in the agenda changing the Community Investment Fund Policy. The Policy will change the contribution from the General Fund to one penny on the property tax instead of 1 % of gross receipts. Changes made to the General Fund budget since the budget was last discussed on August 9, 2001 include: Addition to fund STAR at $94,000 Reduction of Transfer to General Facilities & System Improvements Fund for Municipal Building 1" Floor Renovations Project ($94,000) After merit increase was added through the financial system in the General Fund and after the budget was filed with the City Secretary's Office, a slight over projection in merit produced $29,000 less in expenditures. This allowed for the following to be funded: Addition of HIV/Herpes Testing City Flowers Another change made to the budget after the Council work session of August 9, 2001 is a change made in the Debt Service Fund. To be consistent with percent collection rate projection reported to the Lubbock Central Appraisal District, the rate in this fund was changed to 100%. In the Capital Projects Fund, after the final debt rate was determined by LCAD, a change was made in the total amount available for Debt Capacity of 2002 General Obligation Bonds. The original projection would allow for $8.3 million in GO bonds, the total amount of projects requests reviewed by the Council were for $7.1 million in GO bonds. The final amount, based on the final debt percent, will be $9.4 million in GO Bonds —to fund an additional $300,000 in Computer System Design Project in Traffic Capital Projects Fund, and an additional $1,964,000 in New Parks in Parks Capital Projects Fund. The Enterprise Fund budgets have not changed since Council Work Session on July 26, 2001. The rate increase proposed for the Water Fund is 3%. The rate increase proposed for the Sewer Fund is 2%. Both are to cover operations and capital projects. The public hearing allows for citizen comment on the FY 2001-2002 budget. After closing the public hearing on the budget, the Council action items for today are: The first readings of ordinances adopting the budget and setting and levying the tax rate; Ordinance changing Water Rates; Ordinance changing Sewer Rates; Resolution amending Community Investment Fund Policy (64.) Ordinance No. 2001-00075 approving and adopting a budget for Fiscal Year 2001-2002 for the City Of Lubbock (first reading). 105 Regular City Council Meeting August 30, 2001 Page 106 ORDINANCE NO. 2001-00075 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 2001-02 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 2001-02 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS AND POSITIONS; AND PROVIDING FOR A SAVINGS CLAUSE. The City of Lubbock Charter requires two reading of ordinances. This is the first reading of the ordinance adopting the budget for the City of Lubbock for Fiscal Year 2001-2002. The budget ordinance must be considered first, followed by the ordinance on the tax rate. The ordinance will be placed on the Thursday, September 13, Council agenda for the second reading and adoption of the budget. Staff recommended approval of this Ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to approve first reading Ordinance No. 2001- 00075 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (65.) Ordinance No. 2001-00076 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for the year 2001 (first reading). ORDINANCE NO. 2001-00076 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 2001; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES SHALL BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. The City of Lubbock Charter requires two reading of ordinances. This is the first reading of the ordinance adopting and levying a tax rate for the City of Lubbock for Fiscal Year 2001-2002. The budget ordinance must be considered first, followed by the ordinance adopting and levying a tax rate. The ordinance will be placed on the Thursday, September 13, Council agenda for the second reading and adoption of the budget. The proposed rate is 57 cents per $100 valuation, based on a certified net taxable value of $6,909,309,707 as submitted by the Chief Appraiser of the Lubbock Central Appraisal District. The tax rate is distributed as follows: Debt Service $.11156 General Fund M&O $.42844 Economic Development $.03000 Staff recommended approval of this Ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to approve first reading Ordinance No. 2001- 00076 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (66.) Ordinance No. 2001-00077 amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regards to rates charged for sewer services (first reading). 106 Regular City Council Meeting August 30, 2001 Page 107 ORDINANCE NO. 2001-00077 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING SECTION 28-86, SUBSECTIONS 28-86(a) AND 28-86(b) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REVISING SEWER RATES AS CONTAINED THEREIN; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Each year the City of Lubbock evaluates the revenue projections as well as operating and capital requirements of the Sewer Fund based on a ten- year rate model. As a result of increased operating requirements over the past several years, it has become necessary to increase sewer rates in order to meet the annual financial requirements associated with wastewater collection, treatment and disposal. After extensive review of various scenarios using the 10-year rate model, staff has determined that a minimum of an 8 % increase is needed through FY 2004-2005, a 2 % increase each year through 2005. A two -percent rate increase is necessary for FY 2001- 2002. This is the first in a series of increases that will be required to meet operational obligations. To determine the need for any future rate increases, revenues and expenses will continue to be reviewed annually to determine the appropriate level of increase that is required. The last increase came in FY 2000-2001 with a rate increase of 3%. The "phase - in" approach to rate increases, utilizing rate stabilization, eases the burden to the citizens. Staff recommended approval of this Ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to approve first reading Ordinance No. 2001- 00077 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (67.) Ordinance No. 2001-00078 amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regards to rates charged for water services (first reading). ORDINANCE NO. 2001-00078 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REVISING WATER RATES AS CONTAINED THEREIN; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Each year the City of Lubbock evaluates the revenue projections as well as operating and capital requirements of the Water Fund based on a ten- year rate model. As a result of increased operating requirements over the past several years and participation in the North Panhandle Water Project, it has become necessary to increase water rates in order to meet the annual financial requirements associated with water treatment and maintenance. After extensive review of various scenarios using the 10-year rate model, staff has determined that a minimum of a 12 % increase is needed through FY 2004-05, a 3 % increase each year through 2005. A three - percent rate increase is necessary for FY 2001-2002. This is the first in a series of increases that will be required to meet operational obligations. 107 Regular City Council Meeting August 30, 2001 Page 108 To determine the need for any future rate increases, revenues and expenses will continue to be reviewed annually to determine the appropriate level of increase that is required. The last increase came in FY 2000-2001 with a rate increase of 4%. The "phase -in" approach to rate increases, utilizing rate stabilization, eases the burden to the citizens. Staff recommended approval of this Ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to approve first reading Ordinance No. 2001- 00078 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (68.) Resolution No. 2001-RO338 revising the City of Lubbock Community Investment Fund Financial Policy adopted May 24, 2001. RESOLUTION NO. 2001-RO338 WHEREAS, the City of Lubbock has an important responsibility to its citizens to carefully account for public funds, prudently manage municipal finances, and plan for the adequate funding of services desired by the public; and WHEREAS, the purpose of the financial policies is to enable the City to achieve a long-term stable and positive financial condition by exercising integrity, prudence, responsible stewardship, planning accountability, and full and continuous disclosure; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached Community Investment Fund policy has been revised and will be incorporated into the City of Lubbock, Texas financial policies and that it shall be adopted as the official Community Investment Fund policy for the City of Lubbock. Passed by the City Council on first reading this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra Forte', Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney The Community Investment Fund, established in FY 1998-99, will again receive 1 % of gross revenues from those Enterprise Funds that benefit from community growth: Electric, Water, Sewer and Solid Waste. Additionally, the Solid Waste Fund will contribute an additional enhanced contribution of $1 million to the Community Investment Fund. Regular City Council Meeting August 30, 2001 Page 109 The Community Investment Fund is a separate fund that will be used for economic development projects as approved by Council. At the end of each fiscal year transfers will be made subject to any extraordinary events that might require the funds to be used to meet operating requirements. Annual review will be conducted by the City Manager prior to the transfer to assure that the transfer to the Community Investment Fund does not jeopardize the integrity of the contributing operating funds. — - This year a change in the Community Investment Policy for the General Fund is proposed. A resolution change is included in the agenda changing the Community Investment Fund Policy. The Policy will change the contribution from the General Fund to one penny on the property tax instead of 1 % of gross receipts. Staff recommended approval of this resolution. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to approve Resolution No. 2001-R0338 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. DEVELOPMENT SERVICES (69.) Resolution No. 2001-R0300 nominating Red River Commodities, Inc. for Enterprise Zone Project Designation. RESOLUTION NO. 2001-R0300 WHEREAS, the Texas Department of Economic Development ("Department") designated the City of Lubbock 2000 North Enterprise Zone (the "Zone") on September 1, 2000; and WHEREAS, Department will consider Red River Commodities, Inc. as an enterprise project pursuant to a nomination and an application made by the City of Lubbock, Texas (the "City"); and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the Zone and to provide employment to residents of the Zone and to other economically disadvantaged individuals; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Red River Commodities, Inc. has applied to the City for designation as an enterprise zone project; and WHEREAS, the City finds that Red River Commodities, Inc. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. Red River Commodities, Inc. is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business in the Zone and at least twenty-five percent (25.0 %) of the business' new employees will be residents of a Zone within the City's jurisdiction or economically disadvantaged individuals; 2. Red River Commodities, Inc. is located in the Zone, or has made substantial commitment to locate in the Zone, which has an unemployment rate of not less than one and one-half (1 '/mimes the state unemployment rate; 109 Regular City Council Meeting August 30, 2001 Page 110 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone; and 4. The designation of Red River Commodities, Inc., as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Zone. WHEREAS, the City finds that Red River Commodities, Inc. meets the criteria for tax relief on other incentives adopted by the City and nominates Red River Commodities, Inc., on the grounds that it will be located wholly within the Zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interests of the City to nominate Red River Commodities, Inc. as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that Red River Commodities, Inc., is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of the enterprise project by the department and terminate five (5) years after that date of designation. PASSED BY THE CITY COUNCIL of the City of Lubbock this 30th day of August, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney Red River Commodities, Inc. has requested that the City Council apply to the Texas Department of Economic Development for designation of their business as an Enterprise Zone Project. In order to nominate Red River for project designation, a resolution has to be passed by the City Council and an application submitted to the Texas Department of Economic Development. This designation allows the company to access state enterprise zone incentives. The project application must be 110 Regular City Council Meeting August 30, 2001 Page 111 submitted by the governing body of the enterprise zone on behalf of the qualified business. The existing Lubbock plant, which was purchased by Red River Commodities in 1995, processes confectionery sunflowers for markets in Mexico, Spain and the United States. The expansion of the Lubbock facility is for the addition of a bird food blending and packaging plant. The addition includes a 20,000 square foot warehouse and a blending and packaging tower 50 feet tall. This new facility will complement their service to current do-it-yourself hardware store retailers as well as blending and packaging capacity to explore new retailers. Red River Commodities -Lubbock currently employs 12 full-time employees and 8 full-time seasonal employees. They are projecting that 10-15 full-time employees will be needed for the new facility. The plant will be a state-of-the-art computer controlled facility with a mix of automated packaging equipment. Employee training to operate the plant and equipment, offering opportunities for advancement within the company, and subsidized tuition reimbursement shows Red River Commodities' commitment to the community. Red River Commodities projected capital investment will be $1,450,000. The City can only nominate Red River Commodities, Inc. for project designation. Once the application has been filed, the Texas Department of Economic Development will make a decision whether to grant the project designation. These designations are made on a competitive basis. Market Lubbock, Inc. considered this at their August 8, 2001 board meeting and recommended that the City of Lubbock support the designation of Red River Commodities, Inc. as an Enterprise Zone Project. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the resolution nominating Red River Commodities, Inc. for Enterprise Zone Project designation. This project will aid in obtaining the objective of the City, which is to create the proper economic and social environment to induce investment of private resources in productive business enterprises located in severely distressed areas of the City, such as the North Enterprise Zone, and provide employment to the residents of such areas. David Sharp, Market Lubbock, Inc. spoke for Red River Commodities, Inc. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to approve Resolution No. 2001-R0300 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (70.) Resolution No. 2001-R0301 authorizing the Mayor to execute a contract for sale and quitclaim deed with McCanton Wood, LTD for a tract of City owned property recently auctioned for sale by the City (2223 6" Street). 111 Regular City Council Meeting August 30, 2001 Page 112 RESOLUTION NO. 2001-RO301 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 Sale, by and between the City of Lubbock and McCanton Wood, Ltd., attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of August, 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/ Richard K. Casner Richard K. Casner, Natural Resources Attorney This parcel of real estate, known as Lot 12, Block 66, Overton Addition, was recently put up for bid at the City's auction on August 9. The successful bidder on this property was McCanton Wood, LTD. Their bid for this residential tract of land located at 2223 6' Street was $2,700. This resolution authorizes the Mayor to execute a contract of sale and a quitclaim deed to the buyer. The Right -of -Way Department recommended the approval of this contract of sale and quitclaim deed with McCanton Wood LTD. Ed Bucy spoke for the staff. Councilmember McDougal recused himself. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to approve Resolution No. 2001-RO301 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Next item to be considered was Item No. 31. PUBLIC SAFETY FIRE (71.) Consider a resolution authorizing the Mayor to execute an interlocal contract between the City of Lubbock and the Lubbock Reese Redevelopment Authority to provide for fire protection services to Reese Center. 112 Regular City Council Meeting August 30, 2001 Page 113 This item was deleted. BOARD APPOINTMENTS (72.) Consider two appointments to the Civic Lubbock, Inc. Board. This item was considered following Item No. 54. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Wendell Davis and Marciano Morales, Sr. to the Civic Lubbock, Inc. Board. Motion carried: 7 Yeas, 0 Nays. (73.) Consider two appointments to the Health/Educational Facilities Development Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Walker Metcalf and James Morris to the Health/Educational Facilities Development Board. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 75. (74.) Consider three appointments to the Market Lubbock Economic Development Corporation. This item was considered following Item No. SO (two separate motions). Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Delbert McDougal and Calvin Williams to the Market Lubbock Economic Development Corporation. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal recused himself. This item was considered after Regular Session reconvened at 4:30 P.M. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to appoint David Schmidly to the Market Lubbock Economic Development Corporation. Councilmember Nelson stated he understood this item would not be up for action today and that he had not had time to discuss it with the appropriate members of Market Lubbock and other members of the Council. Motion carried: 5 Yeas, 2 Nays. Mayor Sitton and Councilmember Nelson voted Nay. Next items to be considered were Items No. 61 and 62. (75.) Consider two appointments to the Airport Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint John Brown and reappoint Todd McKee to the Airport Board. Motion carried: 7 Yeas, 0 Nays. (76.) Consider one appointment to the Building Board of Appeals. 113 Regular City Council Meeting August 30, 2001 Page 114 Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Craig Wallace to the Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays. (77.) Consider one appointment to the Citizen Traffic Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Jim Brunjes to the Citizens Traffic Commission. Motion carried: 7 Yeas, 0 Nays. (78.) Consider two appointments to the Electric Utility Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Rice Horkey and Connie Horton to the Electric Utility Board as new positions pursuant to Ordinance No. 2001-00061 and to correct Connie Horton's name to Connie Wharton. Motion carried: 7 Yeas, 0 Nays. (79.) Consider one appointment to Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Rita Melton to the Keep Lubbock Beautiful Advisory Committee: Motion carried: 7 Yeas, 0 Nays. (80.) Consider one appointment to Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Jay Jacobus to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was rest of Item No. 74. 4:15 P.M. REGULAR SESSION RECESSED. 4:30 P.M. REGULAR SESSION RECONVENED. All councilmembers were present. Next item to be considered was rest of Item No. 74. Next items to be considered were Items No. 61 and 62. 4:43 P.M. REGULAR SESSION RECESSED. 5:02 P.M. REGULAR SESSION RECONVENED. Next items to be considered were Items No. 63 - 68. All councilmembers were present except Councilmembers McDougal and Hernandez. 5:07 P.M. Councilmembers McDougal and Hernandez returned to the dais. 5:30 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION RECONVENED. Next item to be considered was Item No. 5. 6:38 P.M. COUNCIL ADJOURNED 114 Regular City Council Meeting August 30, 2001 Page 115 There being no further business to come before the Council, motion was by Councilmember Cooke, seconded by Councilmember McDougal to adjourn the meeting. Motion carried: 7 Yeas, 0 Nays. Read and approved this a i ' day of ' 2001. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: cp-'-� - — �3� Reb ca Garza, City Secretary 115