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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/13/2001'REGULAR CITY COUNCIL MEETING September 13, 2001 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 13th day of September, 2001, in the City Council Chambers, first floor, City Hall, 1625 13`h Street, Lubbock, Texas 79401 at 7:30 A. M. 7:32 P. M. CITY COUNCIL CONVENED City Council Chambers, 1625 131h Street, Lubbock, Texas. Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Marc McDougal and Councilmember David Nelson Absent: Councilmembers Hernandez, Morrison, and Patterson. CITIZEN COMMENTS No one appeared to express comments to the Council. 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 discuss personnel matters (City Attorney; City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); to deliberate, vote and take final action on a competitive matter regarding electric energy sales/contracts by the City of Lubbock (Electric Utilities); to discuss pending or contemplated litigation (Environmental Inspection; Lubbock Power & Light; Planning Department; Police Department; Water Utilities); to discuss personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); to deliberate the purchase, exchange, lease, or value of real property (Aviation; Fire Department; Water Utilities). 7:34 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City 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, Section 551.086, to deliberate, vote and take final action on a competitive matter regarding electric energy sales/contracts by the City of Lubbock (Electric Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Environmental Inspection; Lubbock Power & Light; Planning Department; Police Department; Water Utilities). Regular City Council Meeting September 13, 2001 Page 118 ( 5.) 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 Preseration Commission Youth Commission4tudents (6.) 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 (Aviation; Fire Department; Water Utilities). 9:44 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Councilmember Hernandez. ( 7.) Presentation on upcoming Fiestas del Llano celebration. Victor Hernandez, Executive Director of Fiestas del Llano (15 minutes) This item was deleted. ( 8.) Presentation on proposed Central Business District Tax Increment Finance District. Craig Farmer, Director of Planning (20 minutes) Craig Farmer will review plans for a Tax Increment Finance District for the Lubbock Central Business District. A study is in progress, and Mr. Farmer briefed the Council on the TIF concept and the study progress to date. Schrader and Cline, LLC of Dallas prepared the following summary of Tax Increment Finance Districts in Texas. Schrader and Cline is the City's consultant in this process, providing the feasibility analysis, development of the TIF financial plan, guiding the creation and establishment of the district and presenting the proposal to the other taxing jurisdictions. TAX INCREMENT FINANCING (TIF) DISTRICT HISTORY: • Originated in California during the early 1950's • Majority of TIF's established since the early 1980's • Established in Texas in 1981 • Governed by statutes -Chapter 311 of Texas Tax Code CONCEPT: • A mechanism to finance new public improvements in a designated area in order to stimulate new private investment. • Any increase in ad valorem tax revenue (caused by new private investment and higher land values) is paid into a special District Fund used to finance District projects. 118 Regular City Council Meeting September 13, 2001 Page 119 • Any increases in personal property and inventory tax revenue will go to each taxing jurisdiction • Fair to existing property owners, as there is no forgiveness of taxes for new development KEY ELEMENTS • Qualify area as a reinvestment zone • Define boundaries of the tax increment district (proposed boundary on attached map) • Fix and preserve assessed value of existing land and improvements for continued use by taxing jurisdictions • Commit increase in real property taxes above base to a tax increment fund • Use tax increment funds to pay for public improvements TWO THINGS DON'T CHANGE: • Property owners pay taxes at the normal rate; there is no forgiveness nor extra charge of any kind. • Taxing jurisdictions continue to receive their original "base" ad valorem tax revenues. TIF DISTRICT MAY BE ESTABLISHED BY: • Ordinance with petition of owners of over 50 % of appraised value of property in the District OR • Directly by the Municipality TIF's MAY FUND: • Capital costs: public works, public improvements, new buildings, structures, acquisition and renovation of existing buildings, land and site costs; • Financing costs • Real property assembly costs • Relocation costs • Professional services, administration, and organization costs • Construction Interest • Direct operating costs for zone and for project facilities TO FUND PROJECT EXPENSES, TIF'S MAY EITHER: • Borrow funds —> Loans from developers —> Loans from City or other public body 119 Regular City Council Meeting September 13, 2001 Page 120 —> Issue bonds (no "faith & credit") or certificates of obligation • 'I • Fund improvements on a "pay-as-you-go" basis TIF DISTRICT IS MANAGED BY BOARD OF DIRECTORS: • Board is appointed by participating taxing jurisdictions • Only a recommending board; City Council has approval authority OTHER CRITERIA • All taxing jurisdictions can, but do not have to, pledge their increased tax revenues above base to the TIF fund. They can also participate at less than 100 % . • September 1999 change in State statute essentially precludes school districts from participating. • No more than 10 % of existing property within the District may be used for residential uses. The District may not contain more than 15 % of the total appraised value of the municipality. • Termination date established by ordinance or when bonds paid off (not more than 20 years). The Planning Department is working with a committee from CenterCorp to develop this proposal, and has also met with Market Lubbock, Inc. The financial analysis of the TIF is in progress, and was presented at the September 13 Council meeting. The attached map shows the TIF boundary as it is being considered at this point. However, the area to be included is subject to change as the analysis progresses. Staff anticipates returning to City Council with a final proposal before the end of the year. An item was included on the consent agenda authorizing the Mayor to sign a notice of intent to form a TIF. This notice must be sent to the other taxing units sixty days prior to a public hearing if the Council is interested in pursuing the proposed TIF. ( 9.) Discuss possible dates for November and December, 2001 City Council meetings. Bob Cass, City Manager (10 minutes) As Council is aware, the meeting dates for November and December need to be changed due to holiday and travel schedules. Staff has checked Council calendars and the following dates appear to have the fewest conflicts: First Meeting in November: Thursday, November 8, 2001 Second Meeting in November: Thursday, November 15, 2001 (hear zone cases) First Meeting in December: Monday, December 3, 2001 120 Regular City Council Meeting September 13, 2001 Page 121 Second Meeting in December: Thursday, December 13, 2001 (hear zone cases) Staff recommended these meetings be held as follows: Thursday, November 8 Thursday, November 15 Monday, December 3 Thursday, December 13 (10.) Presentation on the Signal System Upgrade and New Signal Timing Changes. Jere Hart, City Traffic Engineer (25 minutes) This presentation gave a brief overview on the current status of the Signal System Upgrade capital project approved by the voters at the last bond election, and will explain the philosophy behind the timing of the traffic signal lights and how they work. A model of 50' Street from Indiana to University was shown to further demonstrate the new timing changes that will be started on Slide Road from 42"d Street to 82"d Street as well as this area of 50`h Street over the next 6 months. No action is required on this item. (11.) Presentation on the proposed Samuel W. Wahl Recreational Area Master Plan. Schrickel, Rollins and Associates (25 Minutes) Deleted from Work Session and moved to Regular Session as Item No. 46. 10:30 A.M. WORK SESSION RECESSED 10:35 P.M. FLAG CEREMONY 10:50 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent Councilmember Hernandez. Mayor Sitton called the meeting to order at 10:50 A. M. (12.) Bishop W. H. Watson, Agape Temple Church of God in Christ, gave the invocation. (13.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Airport Board Receiving: John Brown Appointments Advisory Board Receiving: Alan Henry Building Board of Appeals Receiving: Craig Wallace 121 Regular City Council Meeting September 13, 2001 Page 122 Citizens Traffic Commission Receiving: Jim Brunjes Electric Utility Board Receiving: Rice Horkey (unable to attend) John Owens (unable to attend) Connie Wharton Libraries Board Receiving: Lois Brunjes Market Lubbock, Inc. Receiving: David Schmidly (unable to attend) Permit and License Appeal Board Receiving: Kenneth Sylvester (unable to attend) CITIZENS APPEARANCES Next item to be considered was Item #15. 11:15 A.M. Councilmember Cooke left the dais. 11:17 A.M. Mayor Sitton left the dais. (14.) Murray Hensley, President of Civic Lubbock, Inc., appeared to present the 2001-2002 Civic Lubbock, Inc. Budget. The agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. prepare and present to the City Council a budget for the upcoming year. This budget is not presented for City Council approval per se, but rather for information and comment. Per written agreement, Civic Lubbock, Inc. pays a commission to the City on their gross concession sales. The percentages are as follows: 5 % on food and soft drink sales, 20% on alcoholic beverage sales and 30 % on beer sales from ice hockey games. Key components of the 2001-2002 Budget are as follows: Estimated commissions are $210,790. The commission paid reflects a 5% commission on food and soft drink sales, 20% commission on alcohol sales and 30 % commission on beer sales from hockey events. Net profits from the concession operation are anticipated to be $230,143. Civic Lubbock, Inc. continues to co-sponsor the Broadway Series, which is going into its sixth season. The Series continues to provide quality Broadway touring productions and will have 20 performances for 2001-2002. The shows being presented this year include 4 performances of Buddy: The Buddy Holly Story", 4 performances of "The Odd Couple" with Barbara Eden, 4 performances of "My Fair Lady" and 8 performances of "Les 122 Regular City Council Meeting September 13, 2001 Page 123 Miserables." This budget reflects a profit from the Broadway series of $20,000. • Net profits for FY 2001-2002 that will go towards Civic Lubbock, Inc.'s chartered purpose and fulfill their long-term financial commitments are estimated to be $141,743 . • Civic Lubbock, Inc. has allocated $10,880 to be used to underwrite nine various local events that will be held in the Civic Center or Auditorium -Coliseum. Some of the events include Symphony in the Schools, Lubbock Ballet "Nutcracker", the Viva Aztlan Celebration, and the Asperger Syndrome Support seminar. In addition, $9,120 was budgeted to underwrite other events that may request funding during the year. • In 2000-2001, Civic Lubbock, Inc. developed the "Good Kids" program with the area schools and other groups whereby Civic Lubbock, Inc. provided tickets to the hockey games for good students. The schools used these tickets for reward programs. Civic Lubbock, Inc. will be continuing this program for the 2000- 2001 hockey season. The cost of this program will be $50,400. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the promotion or co -promotion of educational, cultural, and entertainment programs in the Civic Center, Auditorium - Coliseum and Civic Center District. They have also made significant investments in public art. In addition, Civic Lubbock, Inc. contributes to reducing the cost of operations of the Civic Center and Auditorium - Coliseum through the commissions paid to the City. The 2001-2002 Budget for Civic Lubbock, Inc. was presented to City Council for their information and comment. (15.) 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, as well as the Region III Small Chamber of the Year by the United States Hispanic Chambers of Commerce. The Lubbock Hispanic Chamber of Commerce has the distinct honor of being named the "Small Chamber of the Year" for 2001. The Texas Association of Mexican -American Chambers of Commerce has chosen Lubbock out of all Texas cities as having the best small chamber. Mayor Sitton made presentation of a special recognition to the Lubbock Hispanic Chamber of Commerce in honor of their award of "Small Chamber of the Year." Esther Sepeda, President of the Lubbock Hispanic Chamber of Commerce, accepted the special recognition. Ms. Sepeda introduced Chairman of the Board David Martinez who mentioned that they were to go to Atlanta next week for the United States honors. Due to the recent tragedies, they might not attend. Ms. Sepeda also acknowledged Gilbert Flores who was the first elected President of COMA or the Lubbock Hispanic Chamber of Commerce. (16.) Presentation of a special recognition to Edna Burnam in honor of her award of honorable mention in the Texas search for 2001 Outstanding Older Worker sponsored by the Green Thumb Senior Community Program. 123 Regular City Council Meeting September 13, 2001 Page 124 Recently, Lubbock resident Edna Burnam received honorable mention in Texas' search for 2001's Outstanding Older Worker. As records clerk for MHMR's Children and Adolescent Rehabilitation Unit, Mrs. Burnam is responsible for developing the records system and following numerous protocols and procedures. Mrs. Burnam is 79 years of age and Green Thumb salutes Mrs. Burnam as a shining example of America's senior work force, which is changing the stereotypes about aging, and she serves as a positive role model for our younger generation. She exemplifies the fact that ability is ageless. Presentation of a special recognition was made to Edna Burnam in honor of her Green Thumb Outstanding Senior Worker honorable mention award. Also, attending were Lee Andrews with MHMR and Windy Brown with Green Thumb who presented Ms. Burnam with a certificate for 2001 Outstanding Older Worker from Green Thumb. (17.) Presentation of a special recognition to the Lubbock Women's Club proclaiming September 13, 2001 as Lubbock Women's Club Day. The Lubbock Women's Club has been involved in a major renovation since May 15, 2001. The grand re -opening of the club will be this evening at a renovation preview party. The Lubbock Women's Club was formed out of a community conference on November 17, 1944, subsequently searching for and finding a building to act as a clubhouse for women's groups in Lubbock. On August 10, 1949, the building was purchased and Lubbock had their dream of a clubhouse. Throughout the years, Lubbock women have diligently worked to maintain and preserve the historic structure, and the recent renovation is complete. Presentation of a special recognition was made to the Lubbock Women's Club President Bobbye Crawford in honor of Lubbock Women's Club Day. Others attending were Brenda Becknell, Carolyn Matthews and Gail House. (18.) Presentation of a special recognition to Mayor Pro Tem Alex "Ty" Cooke as the recipient of the Texas Public Power Association Distinguished Service Award. Mayor Pro Tem Alex "Ty" Cooke was recognized as the recipient of the Texas Public Power Association Distinguished Service Award. Mr. Cooke is being honored for an unprecedented second time by TPPA for his service to the electric industry in Texas as Director and former President of the TPPA and as the Chair and President of the West Texas Municipal Power Agency. In addition, Mr. Cooke was instrumental in drafting the Texas electric deregulation bill that was passed into law during the 1999 State Legislative Session. A presentation of a special recognition was made to Mayor Pro Tem Alex "Ty" Cooke recognizing his receipt of the Texas Public Power Association Distinguished Service Award. Next item to be considered was Item No. 14. CONSENT AGENDA (Items No. 19-56) Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to approve Items 20- 36, 38-45 and 47-56 on 124 Regular City Council Meeting September 13, 2001 Page 125 consent agenda as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (19.) DELETE (20.) ORDINANCE #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 66`h Street) (second and final 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. (21.) ORDINANCE #2001-00063- Amending Chapter 16 of the Code of Ordinances, Motor Vehicles and Traffic, with regard to speed limits in work zone areas (second and final reading). 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. (22.) ORDINANCE #2001-00064--ZONE CASE NO. 2915 (2115 Avenue L): 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 (second and final reading). 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. (23.) ORDINANCE #2001-00065-ZONE CASE NO. 1846-B (2715 North Loop 289): 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 (second and final reading). 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. 1846-13; 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. 125 Regular City Council Meeting September 13, 2001 Page 126 (24.) ORDINANCE #2001-00066-ZONE CASE NO. 2916 (northeast quarter of Section 26, Block AK): Request of the City of Lubbock for a zoning change from T to IHC, IHI and C-3 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 S&P West 82nd Business Park, unplatted 16.98 acre and 17 acre tracts of land out of Section 26, Block AK (second and final reading). 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, 1A-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. (25.) ORDINANCE #2001-00067-ZONE CASE NO. 2917 (3606, 3610, 3612, 3616 23rd Street): 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 (second and final reading). 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. (26.) ORDINANCE #2001-00068-ZONE CASE NO. 2918 (east of Upland Avenue and south of the half section line): 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 (second and final reading). 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. (27.) ORDINANCE #2001-00069-ZONE CASE NO. 2831-A (north of 108" Street and west of Akron Avenue): 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 (second and final reading). 126 Regular City Council Meeting September 13, 2001 Page 127 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. (28.) ORDINANCE #2001-00070-ZONE CASE NO. 2920 (south of 191` Street and west of Elmwood Avenue): Request of Roy Middleton (for Todd and David Forbes) for a zoning change from C-3 to C4 Specific Use for mini -warehouses on a 2.17 acre portion of land out of Tract U-2-A-1, Greenlawn Addition (second and final reading). 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. (29.) ORDINANCE #2001-00071-ZONE CASE NO. 2689-A (south of 19" Street and east of Quitsna Avenue): 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 (second and final reading). 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. (30.) ORDINANCE #2001-00072-ZONE CASE NO. 2828-C (south of 103rd Street and east of Vicksburg Avenue): 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 (second and final reading). 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. 127 Regular City Council Meeting September 13, 2001 Page 128 (31.) ORDINANCE #2001-00073-ZONE CASE NO. 2458-C (3601 North Loop 289): 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 (second and final reading). 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. (32.) ORDINANCE #2001-00074-ZONE CASE NO. 2017-B (4902 3Xh Street, Suite 30): 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 (second and final reading). 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. (33.) ORDINANCE #2001-00075-Approving and adopting a budget for Fiscal Year 2001-2002 for the City of Lubbock (second and final reading). 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. (34.) ORDINANCE #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 (second and final 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. 128 Regular City Council Meeting September 13, 2001 Page 129 (35.) ORDINANCE #2001-00077-Amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regards to rates charged for sewer services (second and final reading). 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. (36.) ORDINANCE #2001-00078-Amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regards to rates charged for water service (second and final 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. (37.) Consider a resolution authorizing the Mayor to make changes to the City of Lubbock FY 2000-01 Operating Budget. This item was deleted. (38.) Resolution No. 2001-RO341 authorizing the Mayor to execute a quitclaim deed in favor of Patsy Day (3402 441' Street). RESOLUTION NO. 2001-RO341 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 Quitclaim Deed in favor of Patsy Day. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of September, 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 129 Regular City Council Meeting September 13, 2001 Page 130 APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2001-R0341. This resolution authorizes the Mayor to convey a 32.12 foot wide by 132.50 foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, Patsy Day. The City is selling this 32.12 front foot wide strip of Indiana Avenue right-of-way to Mrs. Day for $5 per front foot or $160.60 total. The Right -of -Way Department recommended the approval of this quitclaim deed to Mrs. Day. (39.) Resolution No. 2001-RO342 authorizing the Right -of -Way Department to make an offer to Marian Reese Tidwell and Vivian Reese Roesch for Lots 1, 2 and 11-18, Block 4, West Acres Addition to the City of Lubbock, for a City Park (1109 East Loyola Street). RESOLUTION NO. 2001-RO342 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for public park purposes, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lots 1,2,11,12,13,14,15,16,17,18, Block 4, Westacres Addition, to the City of Lubbock, Lubbock County, Texas as shown on the map, plat and/or dedication deed thereof recorded in Volume 409, Page 53, Deeds Records, Lubbock County, Texas. SECTION 2. THAT the owners of above -described parcels of land being Marian Reese Boydstun Tidwell & Vivian Reese Boydstun Roesch BE offered through the Right -of -Way Department of the City of Lubbock the amount of $6,000.00, which is the amount appraised as the value and total damages for the fee simple title, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes. 130 Regular City Council Meeting September 13, 2001 Page 131 Passed by the City Council this 13th day of September, 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 One of the new parks to be acquired as a result of the last bond election is in the Skyview Neighborhood. This area is just south of the airport and is bound on the north by East Marlboro Street, on the east by North Magnolia Avenue, on the south by East Loyola Street, and on the west by North King Avenue. This Block 4 of the West Acres Addition contains 20 lots. Mrs. Tidwell and Mrs. Roesch own 10 of these lots -- (Lots 1 and 2 and 11-18). These lots are valued on the LCAD tax roll at $600 per lot and they have agreed to sell for this tax office value for a total of $6,000 which is our offer to these landowners. This resolution authorizes condemnation proceedings to acquire these parcels if our offer is refused. The Right -of -Way Department recommended the approval of our offer to Mrs. Tidwell and Mrs. Roesch. (40.) Resolution No. 2001-RO343 authorizing the Mayor to execute a contract for sale and quitclaim deed with Weldon L. Wines for 15 parcels of City owned property recently auctioned for sale by the City (914 82"d Street, 1102 82❑d Street, 1110 82"d Street, 1112 82"d Street, 1302 82"d Street, 1304 82"d Street, 1306 82"d Street, 1308 82"d Street, 1314 82"d Street, 1318 82"d Street, 1502 82"d Street, 1504 82"a Street, 1506 82"d Street, 1508 82" d Street, and 1510 82"d Street) . RESOLUTION NO. 2001-RO343 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 Weldon L. Wines, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 131 Regular City Council Meeting September 13, 2001 Page 132 Passed by the City Council this 13th day of September, 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-R0343. These parcels of real estate located along the north side of 82"d Street between I-27 and Avenue P were recently put up for bid at the City's auction on August 9. The successful bidder of these properties and one other (1512 82"1 Street), was Weldon L. Wines. His bid for these parcels was $5,200 per parcel. This was originally placed on the August 30, 2001 City Council meeting but was pulled because of a survey problem with 1512 82"d Street. When 82"1 Street was widened, the road construction and utility relocation utilized more of the parcel at 1512 82"1 Street than the original survey had planned. The original survey indicated a square footage of 11,205.9 square feet in the parcel and after the new street area and the area needed for the utilities that were relocated were taken out, a new parcel size of 9,278.28 square feet was the result. This new parcel size will not work for Mr. Wines' overall plan for these properties and he has agreed for the City to drop this parcel at 1512 82"a Street from the contract for sale and just purchase the 15 parcels listed above. Therefore, this resolution authorizes the Mayor to execute a contract of sale and a quitclaim deed to Mr. Wines for these 15 parcels for a total of $78,000. The Right -of -Way Department recommended the approval of this contract of sale and quitclaim deed with Weldon L. Wines. (41.) Resolution No. 2001-RO344 authorizing the Mayor to execute a contract for engineering services between the City of Lubbock and Hugo Reed and Associates, Inc. for thoroughfare street improvements on Frankford Avenue from 82°d Street to 98`h Street. RESOLUTION NO. 2001-RO344 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City 132 Regular City Council Meeting September 13, 2001 Page 133 of Lubbock and Hugo Reed and Associates, Inc., a contract to provide engineering services for the Frankford Avenue Widening Project, 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 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0344. The street improvements on Frankford Avenue from 82n1 Street to 98`h Street were projects included in the 1999 Bond Election. This one -mile length of thoroughfare street will provide three lanes of traffic in each direction with a continuous left turn lane. With this contract, Hugo Reed will provide the plans, specifications and estimates for this project. Because of special drainage concerns, more hydrologic and hydraulic modeling is included in this design contract than the amount normally anticipated for a thoroughfare design project. Also included in this contract is preliminary design engineering services, primarily hydrologic and hydraulic modeling, for Chicago Avenue from 90`h Street to 92nd Street. Some of the residences have been flooded in this neighborhood in recent years, and this drainage analysis will assist in determining the best solution in resolving these problems. The negotiated not to exceed prices for Hugo Reed to perform this engineering work on Frankford Avenue are $208,785 for basic engineering services, $61,490 for supplemental services such as surveying, and $16,474 for reimbursable expenses. A not to exceed contract amount of $55,584 was negotiated for basic services for construction design, supplemental services and reimbursable expenses for Chicago Avenue as an additional service provision of this contract if authorized by the City to perform this work. The amount of this engineering contract falls within the limits normally anticipated in accordance with the Professional Engineering Services Guide prepared by the Consulting Engineers of Texas and the Texas Society of Professional Engineers. The staff recommended approval of this resolution and contract for engineering services. 133 Regular City Council Meeting September 13, 2001 Page 134 (42.) Resolution No. 2001-RO345 authorizing the Mayor to execute a local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the widening and rehabilitation of 501' Street between Loop 289 and Slide Road. RESOLUTION NO. 2001-RO345 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 Local Transportation project Advance Funding Agreement for Surface Transportation Urban Mobility Rehabilitation (#CSJ: 0905-06-046) for 50`' Street between Loop 289 and Slide Road between the City and the Texas Department of Transportation, a copy of which Agreement and any associated documents is attached hereto, 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 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, PE, City Engineer 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-R0345. This agreement provides federal funding assistance for this thoroughfare street improvement project. Federal funds will provide for 80 % of the costs for construction, engineering and project management. The City of Lubbock will be responsible for 20 % of the construction, engineering and project management, as well as 100 % of the costs for right-of-way, and any eligible utility relocation or environmental issues. The total estimated cost for this project, exclusive of any right-of-way, utilities, or environmental issues, is $4,538,972.25, with the City's estimated participation at $840,620.54. The City's estimated costs are currently funded through the Street Capital Projects budget. Funding for the City's cost in this project was included in the 1999 Bond Election. Staff recommended approval of this resolution and agreement for this 501h Street improvement project. 134 Regular City Council Meeting September 13, 2001 Page 135 (43.) Resolution No. 2001-RO346 authorizing the Mayor to execute an amendment to a contract with the Texas Department of Transportation (TxDOT) for the purchase of replacement buses. RESOLUTION NO. 2001-RO346 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 to Contract No. 51105F-6006, between the City of Lubbock and Texas Department of Transportation (TxDOT), for the purchase of replacement buses. 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 Council. Passed by the City Council this 13th day of September, 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/ Linda L. Chamales Linda L. Chamales Supervising Attorney/ Office Practice A copy of the Amendment is filed with Resolution No. 2001-R0346. TxDOT is amending this contract to include an additional 31,854 toll credits to the City of Lubbock/Citibus. The additional toll credits will allow for 100% funding of five 2001 NovaBus RTS's. Acceptance of this amendment will result in no additional cost to the City of Lubbock. Citibus recommended the approval of the amendment to the contract. (44.) Resolution No. 2001-RO347 authorizing the Mayor to execute a contract with the Texas Department of Transportation (TxDOT) for operating assistance for Citibus. RESOLUTION NO. 2001-RO347 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 City of Lubbock and the Texas Department of Transportation (TxDOT), for operating assistance to Citibus, 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. 135 Regular City Council Meeting September 13, 2001 Page 136 Passed by the City Council this 13th day of September, 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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0347. TxDOT is allocating $500,000 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2001- 2002. The $500,000 is included in the Citibus budget for FY 2001-2002 that has been previously reviewed by City Council. The contract is effective from September 1, 2001, or when fully executed by both parties, and shall terminate on August 31, 2002. Acceptance of the contract will result in no additional cost to the City of Lubbock. The City of Lubbock was allocated approximately $1,744,000 for the biennium. However, due to the uncertainty of federal funding in the near future, Citibus requested that a larger portion of the award be allocated in FY 2002- 2003. Citibus recommended the approval of this contract. (45.) Resolution No. 2001-RO348 authorizing the Mayor to execute the construction document phase of the agreement between Wallace, Roberts and Todd, L.L.C. and the City of Lubbock for the Regis Street Landscape Corridor Project at Lubbock International Airport. RESOLUTION NO. 2001-RO348 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 entitled "Amendment for Authorization of Professional Services Associated with Phase C-1 Design Development Package Lubbock International Airport Corridor Improvements", between the City of Lubbock and Wallace Roberts & Todd, LLC. 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. 136 Regular City Council Meeting September 13, 2001 Page 137 Passed by the City Council this 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ David Jones David Jones LIA Deputy Director -Planning & Development APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2001-R0348. On August 24, 2000 City Council authorized Wallace, Roberts and Todd (WRT) to provide preliminary design, engineering and master planning services for the Regis Corridor Landscaping Project. With the information gathered through that process, Keep Lubbock Beautiful, Inc. (KLB) was able to launch a campaign to raise funds for the project. With funding now in place, KLB and the Airport Board have established a goal to initiate construction on the Regis Corridor Landscaping Project prior to the Vatican 2002 exhibit next Spring. This agenda item will authorize the preparation of the construction documents for Phase I of the Regis Corridor Master Plan. The original agreement with WRT specified that a fee for the preparation of construction documents would be negotiated once the City reviewed the master plan and agreed on scope of work for Phase I. The City and WRT have now agreed on a scope -of -work with a recommended budget for A&E services in a not -to exceed amount of $132,530. The design budget is approximately 6.6 percent of the estimated construction budget of $2 million. Funding for the construction phase documents will come from a capital project previously approved by the City Council. The Airport Board has reviewed the proposal and recommended approval. Staff also recommended approval. Next item to be considered was Item No. 47. (46.) Resolution No. 2001-R0360 authorizing the Mayor to adopt a Master Plan document for the phased development of recreational improvements for the Lake Alan Henry public access area, the "Samuel W. Wahl Recreation Area". 137 Regular City Council Meeting September 13, 2001 Page 138 RESOLUTION NO. 2001-RO360 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 adopt and approve for and on behalf of the City of Lubbock a Master Plan for the phased development of recreational improvements for the Lake Alan Henry public access area, known as the "Sam Wahl Recreation Area", and any other related documents. Said Master Plan is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of September, 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 Master Plan is filed with Resolution No. 2001-R0360. The public access area, "Samuel W. Wahl Recreational Area", located at Lake Alan Henry in Garza County, has been open to the public since 1991. The 580 acres contained in the public access area were intended to provide the public with water -based recreational access to Lake Alan Henry. Initial improvements included the construction of a main paved access road, large paved parking lot, a 5-lane concrete boat ramp and the installation of a boat dock and covered fishing pier. Public utilization and interest continued to increase and the need for a comprehensive Master Plan for future improvements was realized. The Plan is needed not only as a tool to plan future improvements, but is also needed as a grant application document required by the Texas Parks and Wildlife Department. The Plan will function also as part of the City of Lubbock's Comprehensive Plan for the improvement of all of the City's recreational lands. The Master Plan included an initial public opinion poll (telephone survey) of randomly selected Lubbock residents to determine the ranking of proposed improvements. Some of the suggested improvements identified by the public included camp sites with water and electrical service, restrooms, additional fishing piers, hiking trails, and an additional boat ramp facility. Initial improvements in FY 2001-02 will focus on the development of needed infrastructure such as a water supply and septic system and a restroom facility. 138 Regular City Council Meeting September 13, 2001 Page 139 The Plan also evaluated the feasibility of leasing acreage for private residential housing constructed on the Recreation Area. This idea was not recommended because the rough topography of the Recreation Area land is not suitable for home building. Also, the construction of private housing would remove land that could be used to enhance recreational opportunities for all users of the Recreation Area. Because the Master Plan is a lengthy document, it has not been included as agenda backup; however, it is available in the City Manager's office for review. Terri Ellerbrook introduced Victor Baxter with Schrickel, Rollins and Associates who made the presentation on the Recreation Area. Staff recommended that the City Council adopt the "Samuel W. Wahl Recreational Area Master Plan. " Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to approve Resolution No. 2001-R0360. Motion carried: 5 Yeas, 0 Nays. Next item to be considered was Item No. 57. (47.) Resolution No. 2001-RO349 authorizing the Parks and Recreation Department to apply for a grant of up to $7,500 from the Texas Parks and Wildlife, Community Outdoor Outreach Program for KIDFISH event to be held in June 2002. This item was considered following Item No. 45. RESOLUTION NO. 2001-RO349 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 Application to the Texas Parks and Wildlife, Community Outdoor Outreach Program for KIDFISH, and all related documents. Passed by the City Council this 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Parks and Recreation Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney The Texas Legislature has allocated funds for the Texas Parks and Wildlife Department's Community Outdoor Outreach Program, which provides grants to local governments and non-profit, non -political organizations. Grant sponsors use funds to introduce under -served 139 Regular City Council Meeting September 13, 2001 Page 140 persons to programs and initiatives related to the mission of Texas Parks and Wildlife. Application submission deadline is October 1, 2001. KIDFISH is a non-profit outreach program of Texas Parks and Wildlife, which is designed to educate and provide hands-on fishing experiences to children of all ages and promote outdoor recreation, conservation and stewardship of our resources. The City of Lubbock Parks and Recreation Department's objective of hosting KIDFISH is to make available the opportunity for youth to be involved in a program that incorporates outdoor recreation, education, and environmental — awareness. The Parks and Recreation Department intends to provide this program in cooperation with private business, the public sector, local organizations and educational entities. The event will be family oriented and structured for youth ages sixteen and under and will include the minority population, females, the economically disadvantaged, at -risk youth, the disabled and general populations. This grant application responds to a City Council goal of expanding grant revenue opportunities. The General Fund of the City of Lubbock will not be affected, as this is a reimbursement program. Approved projects will be reimbursed as monies are spent with no matching funds required. Texas Parks and Wildlife will review competitive grant applications from across the state for eligibility, local and regional needs, and under -served population impacts. Applicants will be notified regarding the status of funding when awards are announced in mid - December. Staff recommended that Council pass the resolution authorizing the Parks and Recreation Department to apply for a grant of up to $7,500 from the Texas Parks and Wildlife, Community Outdoor Outreach Program for KIDFISH event to be held in June 2002. (48.) Resolution No. 2001-RO350 authorizing the Mayor to amend the professional services contract with Carter and Burgess, Inc. for $105,000 for provision of additional professional landscape architectural, architectural and engineering services for the new Mackenzie Park Outdoor Theater. RESOLUTION NO. 2001-R0350 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and Carter & Burgess, Inc., an amendment to the Mackenzie Park Outdoor Amphitheater Contract, dated March 9, 2000, 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 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 140 Regular City Council Meeting September 13, 2001 Page 141 APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2001-R0350. In March 2000, the design team of Carter & Burgess, Inc. and Parkhill, Smith and Cooper was commissioned by the City of Lubbock to design a new $1.5 million Outdoor Theater. The facility was planned for construction near an abandoned wading pool west of the streambed in Mackenzie Park. Funding for this facility in the amount of $1,700,000 was approved in the September 1999 Capital Improvements Bond Election. The design fee not to exceed $210,000 is equal to 14 percent of the $1.5 million construction budget. Originally the scope of the project included utility service, fixed and grass seating, perimeter fencing, a stage and building, restrooms, a lighting/sound control booth and landscaping. The control booth would provide the infrastructure for lighting and sound, but no actual sound or lighting equipment was part of the original scope. In order for the multipurpose facility to host events that would play to both sides of the water, the preliminary concept included neither a stage cover nor a back wall. In April through June 2000, stakeholder meetings were held to ensure that the facility would meet the needs of the local cultural groups. During these meetings, it was determined that a stage cover, a service drive and a quality lighting system were necessary for the facility to host symphonic concerts; ballet and other dance performances; LISD, Texas Tech University and other non-profit theater programs; outdoor film series; and commercial music events. Local experts, including those working with Broadway Festivals, Inc., recommended that playing to both sides of the water was not feasible due to sound quality problems. The cost of these items increased the value of the construction budget from $1.5 million to $2.25 million. The increase in the budget will be funded by interest earnings from unspent bond proceeds as well as by utilizing in-house labor and Montford Unit trustees for appropriate tasks. A decision was made to add these items to the scope of service for the Mackenzie Outdoor Theater to ensure that the facility would specialize in the cultural performances mentioned above. By doing so, the Mackenzie Outdoor Theater will not compete with the privately funded West Texas Canyon Amphitheater that was recently constructed on East 19`h Street. Once the design team completed the conceptual plans for the facility, the area of impact was submitted to the Texas Historical Commission for review as required by law. In August 2000, the first phase of archaeological testing began. Three months later, it was determined that additional testing would be required. To ensure the most economical testing, the design team enlisted Eileen Johnson, Ph.D., and her students enrolled in archaeology classes at Texas Tech University to conduct the investigations. After unearthing 141 Regular City Council Meeting September 13, 2001 Page 142 numerous campsites dating as far back as 4,000 years, the work concluded in the summer of 2001. In mid -August 2001, the Texas Historical Commission gave clearance for the project to proceed with construction occurring approximately 150 feet south of the originally proposed location. This location was chosen due to the relative lack of artifacts as compared to the original location. With the clearance to resume design of the theater, compensation for the addition of $750,000 to the construction budget is necessary. The additional design fee will not exceed $105,000, bringing the total design fee to $315,000 for the facility. The fee remains at 14 percent of the total construction budget. The design details and construction documents will be completed by November 30, 2001. A construction contract should be awarded next February, with completion of the facility by March 2003. Staff recommended that the Mayor be authorized to execute the necessary contract documents provided in the resolution. (49.) Resolution No. 2001-RO351 authorizing the Mayor to execute an Interlocal Agreement with Lubbock Independent School District and Lubbock County for support of the Specialized Treatment and Rehabilitation (STAR) Program. RESOLUTION NO. 2001-RO351 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement and all related documents by and between the City of Lubbock, Lubbock Independent School District, and Lubbock County Youth Center for the Specialized Treatment and Rehabilitation project (STAR) with regard to juvenile offenders who have committed detainable offenses, which agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2001-R0351. In 1994-1995, the City Council entered into an agreement with Lubbock Independent School District (LISD) and Lubbock County to jointly fund the Specialized Treatment and Rehabilitation (STAR) project. The 142 Regular City Council Meeting September 13, 2001 Page 143 Current agreement expires on September 30, 2001. The City, LISD and the County each will contribute $94,000. During this funding cycle new performance standards were incorporated by the City of Lubbock and Lubbock County STAR representatives to more accurately assess the effectiveness of the program. Quarterly performance statistics will be provided to the city staff for evaluation. Future funding will be determined based on performance against the measurement standards. City staff involved with STAR recommended continued funding for the current fiscal year. (50.) Resolution No. 2001-RO352 ratifying the City Manager's appointment of Claude Jones as the Acting Police Chief on July 23, 2001. RESOLUTION NO. 2001-RO352 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby ratifies and approves the appointment of Claude Jones as acting Police Chief of the City of Lubbock on July 23, 2001, by City Manager Bob Cass. This appointment shall be effective until such time as the present police chief is returned to duty or a new police chief is appointed. Passed by the City Council this 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney Staff recommended approval of this resolution. (50A.) Resolution No. 2001-RO353 authorizing the Mayor to sign a Notice of Intent to Establish a Tax Increment Financing Reinvestment Zone for the Central Business District, Pursuant to the Tax Increment Financing Act, Texas Tax Code Chapter 311. RESOLUTION NO. 2001-RO353 WHEREAS, the City of Lubbock intends to establish a Tax Increment Financing Reinvestment Zone for the City of Lubbock pursuant to the Tax Increment Financing Act ( "Act") for the purpose of encouraging development and redevelopment; and 143 Regular City Council Meeting September 13, 2001 Page 144 WHEREAS, the boundaries of the Tax Increment Financing Reinvestment Zone for the Central Business District, are described in the attachment designated as Exhibit "A" and shown on the map attached hereto as Exhibit "B", said area for Central Business District TIF being within the City Limits of the City of Lubbock; and WHEREAS, Section 311.003 of the Act provides that not less than the 60' day before the date of the Public Hearing, the governing body of the municipality must notify in writing the governing body of each taxing unit that levies real property taxes in the proposed Zone that the municipality intends to establish a Tax Increment Financing Reinvestment Zone; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the Mayor of the City of Lubbock is hereby authorized to sign a Notice of Intent to Establish a Tax Increment Financing Reinvestment Zone for the Central Business District of the City of Lubbock; and SECTION 2: THAT the Notice shall be sent to all taxing entities and shall include all descriptions and other documents as required by State law; and SECTION 3: THAT this resolution shall be effective immediately upon its passage. Passed by the City Council this 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer Managing Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney, Office Practice A copy of Exhibits "A" and "B" is filed with Resolution No. 2001-R0353. Craig Farmer, Managing Director of Planning, will review plans for a Tax Increment Finance District for the Lubbock Central Business District during the work session. A study is in progress, and Mr. Farmer will brief the Council on the TIF concept and the study progress to date. This item is included on the consent agenda authorizing the Mayor to sign a notice of intent to form a TIF. The statute requires that notice must be sent to the other taxing units sixty days prior to a public hearing if the Council is interested in pursuing the proposed TIF. Staff recommended approval of this resolution. (51.) Resolution No. 2001-R0354/BID #187-01/RS-for Police Department Renovations Phase III -A (Facilities Management). 144 Regular City Council Meeting September 13, 2001 Page 145 RESOLUTION NO. 2001-R0354 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 police department renovations Phase III -A, ITB #187-01/RS, by and between the City of Lubbock and Hunter Construction Company of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of September, 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/ Linda L. Chamales (for William de Haas) William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0354. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of September, 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 Hunter Construction Company, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of th hereinafter mentioned, to be made and performed by conditions expressed in the bond bearing even d CONTRACTOR hereby agrees with OWNER to co construction of certain improvements described as follows: e payments and agreements the OWNER ate herewith mmence and and under the (if any) the complete the BID #187-01/RS - City of Lubbock Police Deepartment Renovations Phase III -A - $297, 877.00 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. 145 Regular City Council Meeting September 13, 2001 Page 146 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 iri 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/ Joanne Thomasson CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Hunter Construction Company By: /s/ Jim D. Hunter PRINTED NAME: Jim D. Hunter TITLE: President COMPLETE ADDRESS: Hunter Construction Company P. O. Box 2587 Lubbock, Texas 79408 This project involves the renovation of the old Parks and Recreation Department area on the 2"d floor of the Municipal Square Building. The Police Administration Department will relocate to the renovated area. The low bid is $297,877 from Hunter Construction Company of Lubbock, Texas and is within the Building Capital Outlay -Municipal Square Renovations budget. (52.) Resolution No. 2001-R0355/BID #193-01/RS-for Construction of Remediation Monitor/Sampling Water Wells (Water Utilities/Land Application). RESOLUTION NO. 2001-R0355 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 construction of remediation monitor/sampling water wells, per ITB #193-01/RS, by and between the City of Lubbock and Acosta Drilling of Lamesa, 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. 146 Regular City Council Meeting September 13, 2001 Page 147 Passed by the City Council this 13th day of September, 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/ Linda L. Chamales (for William de Haas) William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0355. 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 Acosta Drilling, of the City of Lamesa, County of Dawson, 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 #193-01/RS - Construction of Remediation Monitor/Sampling Water Well - $33,575.00 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. 147 Regular City Council Meeting September 13, 2001 Page 148 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Carrie Dorrance Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Acosta Drilling By: /s/ Victor M. Acosta, Jr. PRINTED NAME: Victor M. Acosta, Jr. TITLE: Owner COMPLETE ADDRESS: Acosta Drilling P. LO. Box 1181 Lubbock, Texas 79401 This bid is for the construction of ten remediation monitoring wells adjacent to and in the area of the Lubbock Land Application Site. The installation is necessary in order to comply with Texas Natural Resource Conservation Commission requirements. The low bid is $33,575 from Acosta Drilling of Lamesa, Texas and is within the Land Application -Other Equipment budget. (53.) Resolution No. 2001-R0356/BID #198-01/RS-for Municipal Coliseum Steam System Modifications (Civic Center) RESOLUTION NO. 2001-R0356 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 coliseum steam system modifications, per ITB #198-01/RS, by and between the City of Lubbock and Ski -Hi Enterprises, Ltd. 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 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting September 13, 2001 Page 149 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales (for William de Haas) William de Haas, Contract Manager/Attorney A copy of the Contact is filed with Resolution No. 2001-R0356. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of September, 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 SkiHi Enterprises, Ltd., 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 #198-01/RS - City of Lubbock Municipal Coliseum Steam System Modifications - $118.700.00 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 CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR 149 Regular City Council Meeting September 13, 2001 Page 150 APPROVED AS TO CONTENT: /s/ Freddy Chavez Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Terry A. Parham CONTRACTOR: SkiHi Enterprises, Ltd. By: /s/ Bruce A. Smith PRINTED NAME: Bruce A. Smith TITLE: Vice President COMPLETE ADDRESS: SkiHi Enterprises, Ltd. 311 Paris Avenue Lubbock, Texas 79401 This project involves the installation of steam piping from the Municipal Coliseum utility tunnel to the basement of the Auditorium/Coliseum facility. The piping will allow for the heating of this facility via steam produced by the LP&L Brandon Station and made available to Texas Tech University. The City of Lubbock and Texas Tech University currently have an interlocal agreement in place that specifies the cost to transport the steam to the Auditorium/Coliseum for the amount of $1,000 per year. The project has made provisions to meter both the steam consumed and the condensate water returned back to the university's physical plant for record keeping purposes. The building has two certified boilers as an emergency back up in the event the university is unable to provide the required steam for heating purposes. The low bid is $118,700 from Ski -Hi Enterprises, Ltd. of Lubbock, Texas and is within the Building Capital Outlay -Auditorium Chiller budget. (54.) Resolution No. 2001-R0357/BID #199-01/RS-for Municipal Coliseum Storage Facility (Facilities Management) RESOLUTION NO. 2001-RO357 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 coliseum storage facility, per ITB #199-01/RS, by and between the City of Lubbock and Saunders 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 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 150 Regular City Council Meeting September 13, 2001 Page 151 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales (for William de Haas) William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0357. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of September, 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 Saunders 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 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #199-01/RS - City of Lubbock Municipal Coliseum Storage Facility - $41,025.00 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 CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR 151 Regular City Council Meeting September 13, 2001 Page 152 APPROVED AS TO CONTENT: /s/ Freddy Chavez Owner's Representative APPROVED AS TO FORM: CONTRACTOR: Saunders Construction, Inc. By: /s/ Kay Saunders /s/ William de Haas City Attorney PRINTED NAME: Kay Saunders TITLE: Vice President ATTEST: Corporate Secretary COMPLETE ADDRESS: Saunders Construction, Inc. /s/ Kay Saunders 4405 Clovis Road Lubbock, Texas 79401 This project involves the installation of steam piping from the Municipal Coliseum utility tunnel to the basement of the Auditorium/Coliseum facility. The piping will allow for the heating of this facility via steam produced by the LP&L Brandon Station and made available to Texas Tech University. The City of Lubbock and Texas Tech University currently have an interlocal agreement in place that specifies the cost to transport the steam to the Auditorium/Coliseum for the amount of $1,000 per year. The project has made provisions to meter both the steam consumed and the condensate water returned back to the university's physical plant for record keeping purposes. The building has two certified boilers as an emergency back up in the event the university is unable to provide the required steam for heating purposes. The low bid is $118,700 from Hi Enterprises, Ltd. of Lubbock, Texas and is within the Building Capital Outlay -Auditorium Chiller budget. (55.) Resolution No. 2001-R0358/BID #205-01/RS-for Fitness Center Renovations (Facilities Management) RESOLUTION NO. 2001-R0358 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 fitness center renovations, per ITB #205-01/RS, by and between the City of Lubbock and Art Cuevas Construction 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 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 152 Regular City Council Meeting September 13, 2001 Page 153 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales (for William de Haas) William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0358. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of September, 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 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #205-01/RS - City of Lubbock Fitness Center Renovations - $36,155.77 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 CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR 153 Regular City Council Meeting September 13, 2001 Page 154 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 CONTRACTOR: Art Cuevas Construction, Inc. By: /s/ Zelda Cuevas PRINTED NAME: Zelda Cuevas TITLE: Vice President COMPLETE ADDRESS: Art Cuevas Construction 7406 83`d Street Lubbock, Texas 79424 This bid is for renovations of the shower facility at the Fitness Center. The restroom areas will be renovated in order to comply with the Americans with Disabilities Act. This project also involves renovating the Fitness Center entrance and other minor renovations to the interior of the work out areas. The low bid is $36,155.77 from Art Cuevas Construction Company, Inc. of Lubbock, Texas and is within the Building Capital Outlay -Animal Shelter Renovations budget. (56.) Resolution No. 2001-R0359/BID #207-01/RS-for Elevator/Escalator Maintenance Services (Facilities Management) RESOLUTION NO. 2001-RO359 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 maintenance agreement for elevator/escalator maintenance services, by and between the City of Lubbock and Kone, Inc. of Irving, Texas, 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 13th day of September, 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 154 Regular City Council Meeting September 13, 2001 Page 155 APPROVED AS TO FORM: /s/ Linda L. Chamales (for William de Haas) William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2001-R0359. This bid is for annual maintenance service for the City of Lubbock's elevators and escalators located at the Municipal Building, LP&L Cooke Station, Water Treatment Plant, Lubbock International Airport, Civic Center, Mahon Library, Municipal Square, Water Reclamation Plant and the Lubbock Business Center. The pricing for this service is for a five- year period. The terms of the agreement include one-year firm pricing with the option to renew annually up to four additional years. Funding will be provided by individual department's operating budget. The low bid is $196,005 from Kone Inc. of Irving, Texas, and is within the operating budgets for the various departments. 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. Councilmember Cooke returned to the dais. REGULAR AGENDA Next item to be considered was Item No. 46. ADMINISTRATIVE SERVICES FINANCE (57.) Resolution No. 2001-RO361 authorizing the Mayor to enter into an agreement with BankAmerica (BA) for merchant card services. RESOLUTION NO. 2001-RO361 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 BankAmerica, for merchant card service, 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 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Andy Burcham Andy Burcham, Cash and Debt Manager 155 Regular City Council Meeting September 13, 2001 Page 156 APPROVED AS TO FORM: /s/ William de Haas A copy of the Agreement is filed with Resolution No. 2001-R0361. The City offers citizens the ability to use credit cards William de Haas, Contract Manager/Attorney for the payment of certain services and fees. The City will continue to expand this service to other departments throughout the City and over the Internet. The City received proposals from J.P. MorganChase, BankAmerica (BA) and Wells Fargo. After reviewing the proposals, BA has been recommended as the provider of Merchant Card Services to the City. The City currently contracts with BA and Transfirst (agent of American State Bank) for credit card merchant services. BA provides credit card services for over 95 % of the City's credit card transactions. By transferring the remainder of credit card transaction activity from Transfirst to BA, the City will achieve significant savings in addition to operational efficiencies. Credit card transactions currently average over $200,000 per month and are expected to increase as other departments and services are added. BA has offered the City these services for less than half of what Transfirst charges. For example, the average credit card payment to the City is $78. The processing fees for this average payment will cost the City $4.11 with Transfirst. BankAmerica will provide this same service for a processing fee of only $1.69. BA will also provide services enable the City's website to securely accept credit card payments. The City currently pays a third parry provider $495 per month for this service. BA will provide this same service to the City for only $100 per month. Staff recommended the approval of the agreement with BA as it provides significant savings and increased efficiency of credit card processing. Beverly Hodges, Director of Finance, represented the staff. Motion was made by Councilman Patterson, seconded by McDougal to approve Resolution 2001-R0361. Motion carried: 6 Yeas, 0 Nays. Mayor Sitton returned to the dais. MISCELLANEOUS (58.) Resolution No. 2001-RO362 considering an interlocal agreement for traffic control assistance between the City of Lubbock and Texas Tech University. RESOLUTION NO. 2001-RO362 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 Traffic Control Assistance Agreement between City and Texas Tech University, a copy of which Agreement is attached hereto, 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. 156 Regular City Council Meeting September 13, 2001 Page 157 Passed by the City Council this 13th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0362. The City of Lubbock has provided traffic control for all special events within the city limits for the past several years. Each year new programs develop that require additional assistance for traffic control. Because the increase in special events has continued to grow the overtime budget in the Lubbock Police Department, staff began looking at options to recover costs for special assistance for traffic control. Staff visited with all special event groups that used this service and advised them that we would not provide this service or ask them to pay a portion or all of the costs associated with traffic control. However, those events that utilize Select -a -Seat on the University Campus are given an option of adding $.25 to $.50 to their ticket surcharge price in order to pay for traffic control. The contract between Texas Tech University and the City of Lubbock addresses traffic control for various venues on the Texas Tech University campus. The number and location of officers to provide traffic control shall be mutually agreed upon by the Police Chief, or designee, of each party. This service will ensure proper flow of ingress and egress as it relates to pedestrian and vehicular traffic. Due to the University's budget constraints in FY 2001-02, staff is recommending that the University reimburse the City for 60 % of the actual cost of such services during the FY 2001-2002 (October 1, 2001, through September 30, 2002). Furthermore, the University will pay 100% of the cost of such services during FY 2002-2003 (October 1, 2002, through September 30, 2003). Such payments will be made on a quarterly basis. In addition, during FY 2002-3, the remaining 40% of the FY2001-2002 costs will be paid by the University. The additional payment will be added to the payments made by the University during FY 2002-3. This interlocal agreement is only for the FY 2001-02 and FY 2002-03 fiscal years. Tommy Gonzales represented the staff. Staff recommended Council approve this agreement in order to provide appropriate staffing for traffic control of special events on the University Campus. 157 Regular City Council Meeting September 13, 2001 Page 158 Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to approve Resolution No. 2001-R0362. Motion carried 6 Yeas, 0 Nays. 11:40 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION. 1:20 P.M. COUNCIL ADJOURNED. There being no further business to come before Council, Councilmember McDougal adjourned the meeting. Read and approved this oV day of _ , -dmi. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: Rebe ca Garza, City Secretary 158