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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/13/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 13, 2001 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 13th day of December, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Frank W. Morrison, Councilmember David Nelson, Absent: Councilmember Marc McDougal, Councilmember T.J. Patterson CITIZEN COMMENTS No one appeared for citizen comments. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney; City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Environmental Inspection; Parks Department; Police Department); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Right -of -Way; Water Utilities), to deliberate regarding security devices (all departments).. ( 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 551.071(1)(A), to discuss pending or contemplated litigation (Environmental Inspection; Parks Department; Police Department). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Building Board of Appeals Central Business District Tax Increment Financing Reinvestment Zone Citizens Traffic Commission Community Relations Commission Keep Lubbock Beautiful Advisory Committee Libraries Board Neighborhood Redevelopment Commission Park and Recreation Board Regular City Council Meeting December 13, 2001 Page 416 Urban Design/Historic Preservation Commission Youth Commission Students Zoning Board of Adjustment (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Right -of -Way Water Utilities). (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076, to deliberate regarding security devices (all departments). 9:55 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Councilmember McDougal. Next item to be considered was Item No. 8. Councilmember McDougal was present for Item No. 7. (7.) Presentation concerning the development of the Freedom Fountain and the Veterans Memorial at Henry 'Huneke Park. Gertie Jeter, Civic Lubbock Inc.; Denver Blanscett, American Legion Post 575 (15 minutes) This item was considered after Item No. l8. Civic Lubbock, Inc, Keep Lubbock Beautiful and the Parks and Recreation Advisory Board have demonstrated support for the Freedom Fountain to be located at Huneke Park. The Freedom Fountain will consist of one fountain with a Mystic nozzle that will spray forty feet high and two accompanying fountains with Gemini nozzles that will spray twelve feet high. Lights will be included with each of the fountains including white lighting for the center fountain, blue lighting for one of the accompanying fountains and red lighting for the other fountain. The red, white and blue represent the colors of our nation, which will serve as a daily reminder of our freedom. Two flagpoles, to be installed in the park, will accompany the Freedom Fountain. Sponsorship levels and packages have been developed for fund raising of the Freedom Fountain. The estimated cost of the project is $72,000. Gertie Jeter, Financial Officer for Civic Lubbock, Inc., Karen Malouf, Immediate Past President of Keep Lubbock Beautiful and Phyllis Jones, Chairperson of the Parks and Recreation Advisory Board, have agreed to lead the fund raising effort for the Freedom Fountain. The Veterans Memorial will recognize veterans of Lubbock and the surrounding area. The memorial will also consist of a granite wall upon which the names of veterans that have sacrificed their lives in the line of duty will be engraved. Engraved bricks will be available to recognize other veterans. The Memorial will also consist of a meditation area, landscaping and lighting. The proposed location of the Veterans Memorial is the east side of Huneke Park. Presentations were made by Gertie Jeter, Civic Lubbock, Inc. and Denver Blanscett, America Legion Post 575, concerning the Freedom Fountain and the Veterans Memorial, to be located at Huneke Park. (8). Review plans for proposed North Overton Tax Increment Finance District. Craig Farmer, Director of Planning and Transportation (20 minutes) 416 Regular City Council Meeting December 13, 2001 Page 417 Craig Farmer, Managing Director of Planning and Transportation, reviewed plans for a Tax Increment Finance District (TIF) for the area between Broadway and 4' Street and University and Avenue Q, which is generally known as North Overton. A study is in progress, and Mr. Farmer briefed the Council on the TIF concept and the study progress to date. This TIF is different than the Central Business District TIF that the _ Council recently established because the North Overton area contains a large amount of residential property. When a proposed TIF contains more than 10 % residential property, it must be initiated by a petition of the owners of more than 50 % of the appraised value of the property within the proposed zone. The City has received a petition that includes validated signatures of the owners of 51.46 % of the total value of $36,091,290. The methodology for validation of the petition is attached. A map was provided showing 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. The financial analysis of the TIF is in progress, and will be presented at the December 13 Council meeting. 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. • 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. 417 Regular City Council Meeting December 13, 2001 Page 418 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 -4 Issue bonds (no "faith & credit") or certificates of obligation OR • 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. Also can 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. No action by the Council is required at this time. Next item to be considered was Item No. 7. Regular City Council Meeting December 13, 2001 Page 419 (9.) Presentation regarding January 1, 2002 population estimates. David Buckberry, Planner (10 minutes) This item was deleted. 10:53 A. M. WORK SESSION RECESSED 11:10 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Mayor Sitton called the meeting to order at 11:10 A. M. (10.) Dr. Harold Edwards, Interim Pastor, Lubbockview Christian Church, gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Keep Lubbock Beautiful Advisory Committee Receiving: Jeff Klotzman (12.) Presentation of Government Finance Officers Association (GFOA) Distinguished Budget Award for the 2000-01 City of Lubbock Budget Document. Leslie Cox, Regional Director of GFOAT, presented the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. This is the one of the highest forms of recognition by the organization. The award reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting. In order to receive the budget award, the City of Lubbock had to satisfy nationally recognized guidelines for effective budget presentation. Budget documents must be rated "proficient" in all four of the following categories to receive the award: ♦ A policy document ♦ A financial plan ♦ An operations guide; and ♦ A communication device The award is valid for a period of one year and must be applied for during each fiscal year. With receipt of this award, it was the seventeenth (17) year the City of Lubbock Budget and Research Department has received this award. Ms. Cox also recognized the individual members of the Budget Department, Melissa Trevino, Budget Manager; Irma Martinez, Shelley Goodnight, Chad Copeland, Emily Anderson and Randy Brown. No action was required on this item. (13.) Presentation of a special recognition to recognize New Century Leadership Lubbock for their efforts in working with youth to develop leaders for the 21s` Century. 419 Regular City Council Meeting December 13, 2001 Page 420 New Century Leadership Lubbock is a program that promotes leadership skills and volunteer service awareness to high school juniors through training, education, observation and mentoring in an effort to develop leaders for the 21" Century. Approximately 35 high school juniors from public and private high schools in the community meet once a month to learn about various aspects of our community. This month, high school students will study city and county governments. As a part of the Tour the Hub City activities, these students will tour City Hall, attend the City Council meeting, and tour other city facilities. Mr. David Spears and thirty-six high school juniors accepted a special recognition presented to New Century Leadership Lubbock to recognize their efforts in working with youth to develop leaders for the 215C Century. (14.) Presentation of a special recognition to the West Point Parents Club of the Texas Plains commemorating December 24-29, 2001, as Service Academy Appreciation Week. The week of December 24-29, 2001, has been designated "Service Academy Appreciation Week". The purpose of this week is to honor cadets and midshipmen from the five service academies, their families, and Academy graduates. The West Point Parents of the Texas Plains is a group headquartered in Midland, but it draws members from Abilene, San Angelo, Lubbock, Odessa, and other area cities. They will also be honoring these individuals with an All Academy Ball on the evening of Saturday, December 29, 2001. Caron Thornbury accepted a special recognition presented to the West Point Parents Club of the Texas Plains commemorating December 24- 29, 2001, as Service Academy Appreciation Week. (15.) Presentation of a special recognition to Glenn E. Goldwater, District Chief, Lubbock Fire Department, to commemorate his retirement after more than 32 years of service. On December 14, 2001, District Chief Glenn Goldwater will retire from the Lubbock Fire Department after 32 years, 9 months and 14 days. Glenn has proudly worn the uniform of the Lubbock Fire Department along with his father, who retired in 1980, and his brother, who retired in 1996. Glenn has worked tirelessly over the years to make the Lubbock Fire Department what it is today, and his commitment and dedication to Lubbock citizens and his fellow fire fighters throughout his tenure is worthy of recognition. A special recognition was presented to Glenn E. Goldwater, District Chief, Lubbock Fire Department. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. This item was considered following Item No. 50. No. 10 is Lights O' Plenty. Christmas brings out the best and the "brightest" in Lubbock. Neighborhoods are aglow with the color and designs of this cheerful season. Lights on Broadway adorn this downtown corridor with beautiful Christmas lights and wreath art. The Carol of Lights event on the Texas Tech campus "flips the switch" for the most beautiful 420 Regular City Council Meeting December 13, 2001 Page 421 and unique illumination of Christmas spirit in the nation - the architectural silhouette of Christmas, Texas Tech and Lubbock style. No place but Lubbock! No. 9 is User-friendly Park. Thanks to the generosity of local AMBUCS chapters, one of our city parks will be a haven of fun for handicapped children. Maxey Park will be the site for a playground specially designed for handicapped children and their parents to enjoy. AMBUCS is heading the fund-raising effort for the $500,000 project and welcomes your contributions for this worthy cause. No. 8 is Bowl popularity. Did you know that the Tech football team has been NCAA bowl -eligible for the last 9 years? Over 20,000 tickets to the December 29' Alamo Bowl in San Antonio have been sold through the Texas Tech Athletic Ticket Office - on our way to over 35,000 that the legion of Tech fans will purchase. Who says that the Tech football fans don't travel to support their teams? Maybe we should ask the Iowa Hawkeyes that question after the Alamo Bowl this year. Look out Bowl Championship Series, Tech is on its way next year. No. 7 is Biography - A&E. This outstanding nationwide cable TV program, which focuses on the lives of famous people, recently showcased our own hometown rock n roll innovator, Buddy Holly. Interviews with Connie Gibbons, who is the director of the Buddy Holly Center, plus the use of archive materials from the center, were featured on the program, which aired nationally last week. Much emphasis was placed on Buddy's influence on today's musicians, and how his music still "lives on." Just ask the Beatles' Paul McCartney, who is the owner of the Buddy Holly music rights. No. 6 is Opportunities to help. Nowhere is community spirit more evident than in the almost 100 volunteer opportunities available in Lubbock. Teens, adults, and senior adults can help build a house, be a Big Brother or Big Sister, adopt a nursing home resident, host an international exchange student, pack food for the South Plains Food Bank, or be a tour guide for the museum. The possibilities are endless, and the help is always appreciated. No. 5 is Character. Lubbock is the host of a conference and town hall meeting for teenagers, which will bring city leaders, activists, and public officials together to emphasize the importance of ethics in young people. Over 5000 are expected to attend the event at the Lubbock Civic Center today. It is hoped this united effort will have a good impact on our youth, and the future of our city. No. 4 is Kings kicken' keister. Lubbock's Central Hockey League team, the Cotton Kings, has won 5 games in a row! After a somewhat slippery start out of the box early this year, the Cotton Kings have put together a power play of their own and are about to be in third place. Voted the "Franchise of the Year" last year in the WPHL, Lubbock's hockey club represents the best of minor league hockey in the nation. Locally owned, it generates revenue for Civic Lubbock, Inc., assists in free ticket promotions for local youth and charitable organizations, and holds public skating times every week. Let's get out and support this great professional sports and entertainment opportunity in Lubbock. The puck drops at 7:05 most nights in the Lubbock Municipal Coliseum. No. 3 is Yuletide cheer. Christmas brings out the best in people, and show up around Lubbock in extra special ways. Meals on wheels 421 Regular City Council Meeting December 13, 2001 Page 422 volunteers give out poinsettias with their regular deliveries. Churches adopt needy families and provide them with gifts and food for Christmas. And, of course, Santa Land is open for its******** year at the Civic Center- not to mention the few inches of snow we seem to get around Christmas every year. No wonder this is a very special time of the year. No. 2 is ESPN's "Awesome Baby". You cannot overestimate the value that our new basketball coach at Texas Tech University has added to Lubbock. Coach Knight's men's Red Raider basketball team recently defeated Texas Christian University on ESPN's national broadcast from Tech's United Spirit Arena. For days leading up to the Saturday broadcast and during the days following the game, Lubbock and Texas Tech University were highlighted numerous times on national broadcasts. As was said during coach Knight's interview, Lubbock is a great place to live and work, and Texas Tech is a great university. As Dick Vitale, ESPN's announcer, said on numerous occasions, Lubbock and Texas Tech are "awesome baby." No. 1 is Surpassing 200,000. Just in time for the new year, Lubbock now has a new status - population status that is - as our city officially registers over 200,000 resident. According to the city planning department, this population number will help attract businesses looking to relocate to a city of this population size, and qualify Lubbock for new state and federal grants for cities with a population of 200,000 or more. CONSENT AGENDA (Items No. 16-49, 51, 52, 53A, 54- 58) Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to approve Items 16-49, 51, 52, 53A, 54-58 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (16.) Ordinance No. 2001-00094-Amending Chapter 26 of the Code of Ordinances of the City of Lubbock, Texas, by adding Section 26-11 providing for the taxation of leased motor vehicles (second and final reading) . ORDINANCE NO. 2001-00094 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTION 26-11 PROVIDING FOR THE TAXATION OF LEASED MOTOR VEHICLES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. (17.) Ordinance No. 2001-00095-Amending Section 2-37 of the City of Lubbock Code of Ordinances with regard to approval and payment of claims against the City (second and final reading). ORDINANCE NO. 2001-00095 AN ORDINANCE AMENDING SECTION 2-37 OF THE CITY OF LUBBOCK CODE OF ORDINANCES WITH REGARD TO APPROVAL AND PAYMENT OF CLAIMS AGAINST THE CITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 422 Regular City Council Meeting December 13, 2001 Page 423 (18.) Ordinance No. 2001-00096-Zone Case No. 1893-X (south of Erskine Street and west of North Hyden Avenue): Request of Ron Betenbough (for Shadow Hills I, Ltd.) for a zoning change from R-1 to R-1 Specific Use for a minimum 20-foot front setback on an unplatted 15.68-acre tract of land out of Section 2, Block JS (second and final reading). ORDINANCE NO. 2001-00096 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-X; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR A MINIMUM 20 FOOT FRONT SETBACK ON AN UNPLATTED 15.68 ACRE TRACT OF LAND OUT OF SECTION 2, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2001-00097-Zone Case No. 2170-A (1710 and 1712 22nd Street): Request of Hugo Reed and Associates (for Lubbock Audio Visual Inc.) for a zoning change from R-2 to C-3 Specific Use for reduced front setback and reduced parking on the east half of Lot 20, Lot 21 and the west 29.62 feet of Lot 22, Block 9, McCrummen Second Addition (second and final reading). ORDINANCE NO. 2001-00097 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2170-A; A ZONING CHANGE FROM R-2 TO C-3 SPECIFIC USE ZONING ON THE EAST HALF OF LOT 20, LOT 21 AND THE WEST 29.62 FEET OF LOT 22, BLOCK 9,MCCRUMMEN SECOND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) Ordinance No. 2001-00098-Zone Case No. 2383-B (4602 North Loop 289): Request of Hugo Reed and Associates (for North Loop Properties) for a zoning change from AM Specific Use and C-2A to C-3 on an unplatted 8.2-acre tract of land out of Section 22, Block A (second and final reading). ORDINANCE NO. 2001-00098 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2383-13; A ZONING CHANGE FROM AM SPECIFIC USE AND C-2A TO C-3 ZONING ON AN UNPLATTED 8.2 ACRE TRACT OF LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance No. 2001-00099-Zone Case No. 2573-C (4802 North Loop 289): Request of Hugo Reed and Associates (for North Loop Properties) for a zoning change from R-1 and R-2 to AM on an unplatted 23.3-acre tract of land out of Section 22, Block A (second and final reading). ORDINANCE NO. 2001-00099 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-C; A ZONING CHANGE FROM R-1 AND R-2 423 Regular City Council Meeting December 13, 2001 Page 424 TO AM ZONING ON AN UNPLATTED 23.3 ACRE TRACT OF LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) Ordinance No. 2001-00100-Zone Case No. 2832-B (north of 82°d Street and east of Avenue U): Request of Hugo Reed and Associates (for Lubbock Land Company) to amend the conditions of Ordinance 2001-00056 to allow 5-foot side setbacks specified lots within an unplatted 11.4-acre tract of land out of Section 4, Block E (second and final reading). - ORDINANCE NO. 2001-00100 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2832-B; AMEND ORDINANCE NO. 2001-00056 TO ADD A CONDITION ALLOWING FOR 5 FOOT SIDE SETBACKS ON SPECIFIED LOTS WITHIN AN UNPLATTED 11.4 ACRE TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (23.) Ordinance No. 2001-00101-Zone Case No. 2923 (8701 Upland Avenue): Request of Raleigh Hudzietz (for Westwood Evangelism Center) for a zoning change from T to A-2 limited to church and church related uses on Tract A, Westwood Addition (second and final reading). ORDINANCE NO. 2001-00101 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2923; A ZONING CHANGE FROM T TO A-2 ZONING LIMITED TO CHURCH AND CHURCH RELATED USES ON TRACT A, WESTWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (24.) Ordinance No. 2001-00102-Zone Case No. 2537-C (7302 19`h Street): Request of Hugo Reed and Associates (for Westar Commercial Realty) to amend the conditions of Ordinance 8813 to allow used car sales on an unplatted 1.49-acre tract of land out of Section 1, Block D-6 (second and final reading). ORDINANCE NO. 2001-00102 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2537-C; AMEND ORDINANCE NUMBER 8813 BY AMENDING THE CONDITIONS BY ALLOWING USED CAR SALES ON AN UNPLATTED 1.49 ACRE TRACT OF LAND OUT OF SECTION BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO AMENDED CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 424 Regular City Council Meeting December 13, 2001 Page 425 (25.) Ordinance No. 2001-00103-Zone Case No. 2294-B (east of Indiana Avenue between 98`h Street and 103d Street): Request of Hugo Reed and Associates (for Westar Commercial Realty) for a zoning change from A-1 and A-2 to C-2 on an unplatted 2.66-acre tract of land and GO (Garden Office) on an unplatted 8.85-acre tract of land (GO) out of Section 19, Block E-2 (second and final reading). ORDINANCE NO. 2001-00103 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2294-B; A ZONING CHANGE FROM A-1 AND A-2 TO C-2 ZONING ON AN UNPLATTED 2.66 ACRE TRACT OF LAND AND GO (GARDEN OFFICE) ZONING ON AN UNPLATTED 8.85 ACRE TRACT OF LAND OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (26.) Ordinance No. 2001-00105-Zone Case No. 1750-I (4808 and 4812 South Loop 289): Request of Texas Roadhouse for a zoning change from C-2A to C-2 on Tracts C and D, Southwest Haven Addition (second and final reading). ORDINANCE NO. 2001-00105 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1750-I; A ZONING CHANGE FROM C-2A LIMITED TO PROFESSIONAL OFFICES TO C-2 ZONING ON TRACTS C AND D, SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (27.) Ordinance No. 2001-00106-Amending the First Action Year Plan known as the Guadalupe Area of the Lubbock NDP Urban Renewal Plan of December 3, 1970 and to revise the existing Urban Renewal Land Use from Commercial to Residential (R-1) on Urban Renewal vacant parcels at 1109 2nd Place and 221-223 North Avenue P (second and final reading). ORDINANCE NO. 00106 AN ORDINANCE OF THE CITY OF LUBBOCK AMENDING ORDINANCE NO. 5996 IN REGARDS TO THE SPECIFIC LAND USE PLAN FOR THE GUADALUPE NEIGHBORHOOD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (28.) Ordinance No. 2001-00107 abandoning and closing a portion of 661h Street located in Section 36, Block AK, Lubbock County (6030 66th Street) (first reading). ORDINANCE NO. 2001-00107 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH STREET LOCATED IN SECTION 36, BLOCK AK, 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. 425 Regular City Council Meeting December 13, 2001 Page 426 This ordinance abandons and closes the north 8 feet of 66`' Street from Iola Avenue eastward to just east of Huron Avenue. This 8-foot by 627- foot piece of 661h Street is being closed for platting purposes. Originally, 661h Street was dedicated as an 80-foot wide street but according to our master plan, only 64 feet of dedication is needed. That leaves an excess of 8 feet on each side of the street to be abandoned and closed. The proponents of this street closure and platting project are Sherman and Ann Hope and they are dedicating land in this new plat to offset the street area (5,016 square feet) being closed. Staff recommended approval of the first reading of this ordinance. (29.) Ordinance No. 2001-00108 abandoning and closing a 20-foot underground utility easement and a sewer line easement located in Section 8, Block E-2, Lubbock County, Texas (4315 501h Street) (first reading). ORDINANCE NO. 2001-00108 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 8, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND A 10 FOOT SEWER LINE EASEMENT LOCATED IN SECTION 8, BLOCK E-2, LUBBOCK COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes an east -west 20-foot utility easement and an east -west sewer line easement just south of 50`h Street and east of Quaker Avenue for replat purposes. These two easements are located where Holland Gardens is and are being closed for the construction of the new Wells Fargo Bank at this location. All utility departments have approved the closure of these easements and new easements will be dedicated to replace them. Staff recommended approval of the first reading of this ordinance. (30.) Ordinance No. 2001-00109 amending Ordinance #10121 of the City of Lubbock Code of Ordinances to amend the City's Deferred Compensation Plan to conform with changes in State and Federal Law (first reading). ORDINANCE NO. 2001-00109 AN ORDINANCE AMENDING ORDINANCE NO. 10121 OF THE CITY OF LUBBOCK, WHICH ORDINANCE PROVIDED PARTICULARS OF A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES, AND MODIFYING SAID ORDINANCE TO PROVIDE FOR ADDITIONAL VENDORS AND TO CONFORM TO FEDERAL AND STATE LAW. The Human Resources Department requests that Council consider an ordinance amending Ordinance No. 10121 of the City of Lubbock Code of Ordinances to modify the City's Deferred Compensation Plan to conform with changes in State and Federal Law. The City of Lubbock group Health and Welfare package includes three 457 Deferred Compensation Plans. Aetna Life and Annuity, ICMA Retirement Corporation, and Prudential Securities, Inc. administer the 426 Regular City Council Meeting December 13, 2001 Page 427 plans. The 457 plan is a voluntary product that employees may participate in for retirement benefits in additional to the TMRS and TMRS and Firefighter pension. Staff recommended approval of this ordinance. (31.) Resolution No. 2001-RO517 amending Resolution No. 2481 with regard to the procedures for approval of disbursements from the City of Lubbock Self Insurance Fund in amounts of more than $50,000. RESOLUTION NO. 2001-RO517 WHEREAS, the City of Lubbock has heretofore on December 10, 1986, enacted Resolution No. 2481 establishing the City of Lubbock Self Insurance Fund; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the citizens of the City of Lubbock to amend such Resolution with regard to the procedures for approval of disbursements from said fund in amounts of more than $50,000 and certain other administrative matters; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT subparagraph 1 of Section 7 of Resolution No. 2481 is hereby amended to read as follows: 1. To keep the City Manager fully informed as to all aspects of the self- insurance fund and the City Manager also shall keep the City Council fully informed as to all aspects of the self-insurance fund. The claims settlement procedures contained in this Section shall have no application to workers compensation claims. SECTION 2. THAT subparagraph 3(b) of Section 7 of Resolution No. 2481 is hereby amended to read as follows: (b) In cases where the claim is more than ten thousand dollars but less than twenty thousand dollars, the administrator shall secure the approval of the Assistant City Manager over Finance. SECTION 3. THAT subparagraph 3(c) of Section 7 of Resolution No. 2481 is hereby amended to read as follows: (c) In cases where the claim is for twenty thousand dollars but less than fifty thousand dollars, the administrator shall secure the approval of the City Manager. SECTION 4. THAT a new subparagraph 3(d) is hereby added to Section 7 of Resolution No. 2481 which shall read as follows: (d) In all claims where the City Manager is alleged to be primarily a responsible party under the claim, the City Council's approval or rejection shall be secured in an open meeting of the City Council as required by the Texas Open Meetings Law. SECTION 5. THAT a new subparagraph 3(e) is hereby added to Section 7 of Resolution No. 2481 which shall read as follows: (e) In cases where the claim is for fifty thousand dollars or more, the City Manager shall submit the claim to the City Council for approval or rejection in an open meeting of the City Council as stated above. 427 Regular City Council Meeting December 13, 2001 Page 428 Passed by the City Council this 3rd day of December , 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 Significant items on this resolution are as follows: 1. Settlement of self-insurance liability claims and lawsuits of more than $50,000 will be approved by the City Council in an open meeting. 2. Settlement of self-insurance claims of less than $50,000 that name the City Manager as a responsible party will be approved by the City Council. 3. Just as the claims manager is required to keep the City Manager informed on all aspects of the self-insurance fund, the City Manager shall do likewise for the City Council. 4. Workers compensation claims have been excluded from the claims adjustment process because they are resolved entirely by a state law process over which the City has little or no control. This item has been placed on the agenda at the request of City Council. Staff recommended approval of this Resolution. (32.) Resolution No. 2001-RO518 showing Council support for the Freedom Fountain and Veterans Memorial to be located at Henry Huneke Park. RESOLUTION NO. 2001-RO518 WHEREAS, it is the opinion of the City Council that the best interests of the citizens of the City of Lubbock would be served by the creation of a Veterans Memorial and Freedom Fountain to be constructed at Huneke Park; and WHEREAS, Civic Lubbock, Inc., Keep Lubbock Beautiful and the Parks Advisory Board have all demonstrated support for the project; and WHEREAS, Veterans Memorial and Freedom Fountain will recognize and honor military veterans of Lubbock and the surrounding area with a fountain; a memorial granite wall; lighting; flag poles and a meditation area; NOW THEREFORE: Regular City Council Meeting December 13, 2001 Page 429 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby encourages and supports the creation and establishment of a Veterans Memorial and Freedom Fountain at Huneke Park to honor military veterans of Lubbock and the surrounding area. All Lubbock and Lubbock area citizens are encouraged to support the project in every way possible to honor the many heroic and dedicated military veterans of Lubbock and the surrounding area. Passed by the City Council this 13th day of December, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Civic Lubbock, Inc, Keep Lubbock Beautiful and the Parks and Recreation Advisory Board have demonstrated support for the Freedom Fountain to be located at Huneke Park. The Freedom Fountain will consist of one fountain with a Mystic nozzle that will spray forty feet high and two accompanying fountains with Gemini nozzles that will spray twelve feet high. Lights will be included with each of the fountains including white lighting for the center fountain, blue lighting for one of the accompanying fountains and red lighting for the other fountain. The red, white and blue represent the colors of our nation, which will serve as a daily reminder of our freedom. Two flagpoles, to be installed in the park, will accompany the Freedom Fountain. Sponsorship levels and packages have been developed for fund raising of the Freedom Fountain. The estimated cost of the project is $ 72,000. Gertie Jeter, Financial Officer for Civic Lubbock, Inc., Karen Malouf, Immediate Past President of Keep Lubbock Beautiful and Phyllis Jones, Chairperson of the Parks and Recreation Advisory Board, have agreed to lead the fund raising effort for the Freedom Fountain. The Veterans Memorial will recognize veterans of Lubbock and the surrounding area. The memorial will also consist of a granite wall upon which the names of veterans that have sacrificed their lives in the line of duty will be engraved. Engraved bricks will be available to recognize other veterans. The Memorial will also consist of a meditation area, landscaping and lighting. The proposed location for the Veterans Memorial is the eastside of Huneke Park. Staff recommended approval of this resolution 429 Regular City Council Meeting December 13, 2001 Page 430 (33.) Resolution No. 2001-RO519 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2001— 2002 and FY 2002-2003 use of in -kind services by City of Lubbock Departments for special event support. RESOLUTION NO. 2001-RO519 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 2001-2002 & FY 2002-2003use of in -kind services by City of Lubbock departments for special event support as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 13th day of December, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0519. At the January 9, 1997, City Council meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in - kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90% ($180,000) is earmarked for existing events, while the remaining 10 % ($20,000) is targeted for new events. Each year, City staff conducts at least two training sessions for local non-profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least 45 days prior to the event. Once received, the application is reviewed by departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of 430 Regular City Council Meeting December 13, 2001 Page 431 officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant application for in - kind City services based on the applicant's response to 9 subjective questions for each event. Each subjective question is worth up to 5 points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points — on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On November 27, 2001, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Applications for in -kind services: Event In -Kind Requested Percent Awarded In -Kind Proposed FY 2001-2002 Juneteenth (June 13-16, 2002) $1, 950 96 % $1, 872 Cowboy Symposium (September 5-8, 2002) $2,500 98% $2,450 Fiestas del Llano (September 11-17, 2002) $19,350 92% $17,802 Texas Senior Games" (August 25-31, 2002) $300 95 % $285 "New Event Total $24.100 $22,409 FY 2002-2003 TTU Homecoming Parade (October 5, 2002) $1,550 96% $1488 ' Total $1,550 $1,488 To date, there is a total of $76,292 of in -kind services approved for FY 2001-2002 with a total of $22,409 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Of the events being recommended for approval for FY 2001-2002, one is a new event, while the other three are existing events. This would leave a balance of $18,408 of in -kind services that can be allocated for new special events and leave a balance of $82,891 available for existing events for FY 2001-2002. Regarding FY 2002-2003, to date there is a total of $5,600 of in -kind services approved with a total of $1,488 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. The event being recommended for approval for FY 2002-2003 is an existing event. This would leave a balance of $192,912 available for FY 2002-2003. Of that amount, $172,912 would be available for existing special events and $20,000 for new special events. Staff recommended approval of this resolution. 431 Regular City Council Meeting December 13, 2001 Page 432 (34.) Resolution No. 2001-RO520 authorizing the Mayor to allow the City of Lubbock to apply for a Texas Recreation and Parks Account Indoor Program Grant for $750,000 to assist the Science Spectrum in completion of "The Brazos River Journey: Texas Alive" exhibit. RESOLUTION NO. 2001-RO520 WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City", desires to designate certain officials as being responsible for, acting for, and on behalf of the "City" in dealing with the Texas Parks and Wildlife Department, hereinafter -- referred to as "Department", for the purpose of participating in the Texas Recreation and Parks Account Grant Program, hereinafter referred to as the "Program"; and WHEREAS, the City certifies that the City matching share is readily available, and dedicating the proposed site for permanent public park and recreational uses; and WHEREAS, the Texas Legislature has approved the Program (Section 24 of the Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the City is fully eligible to receive assistance under the Program; and WHEREAS, the Science Spectrum is developing a new 8,000 square foot exhibit to be named The Brazos River Journey: Texas Alive; and WHEREAS, the exhibit will feature aquariums, terrariums and hands-on exhibits explaining the importance of the Brazos River to agriculture, industry, boating, swimming and fishing throughout Texas; and WHEREAS, City Council of the City of Lubbock deems it to be in the public interest to assist the Science Spectrum with this project as it will enhance and promote tourism to Lubbock; and WHEREAS, the City Council of the City of Lubbock desires to have the City apply for a Texas Recreation and parks Account Indoor Recreation Program Grant; and WHEREAS, the City is desirous of authorizing an officials to represent and act for the City in dealing with the Department concerning the Program; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1: That the City hereby certifies that they are eligible to receive assistance under the Program. Section 2: That the City hereby certifies that the matching share for this application is readily available at this time. Section 3: That the City hereby authorizes and directs its Parks and Recreation Manager to act for the City in dealing with the Department for the purpose of the Program, and Parks and Recreation Manager is hereby designated as the representative in this regard. Section 4: The City hereby specifically authorizes the official to make application to the Department concerning the site known as Science Spectrum "The Brazos River Journey: Texas Alive" exhibit in the City of Lubbock for use as a park site. That the Science Spectrum "The Brazos River Journey: Texas Alive" exhibit is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and reaction purposes in perpetuity. 432 Regular City Council Meeting December 13, 2001 Page 433 Passed by the City Council this 13th day of December, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney On December 14, 2000 the City Council adopted Resolution #2000- R0443 authorizing the City of Lubbock to apply for a Texas Parks and Wildlife Department grant to assist the Science Spectrum with the completion of the "Brazos River Journey: Texas Alive" exhibit. In July 2001, the City of Lubbock submitted its application for $750,000 to Texas Parks and Wildlife (TP&W) for this project. On November 19, 2001 TP&W conducted a site visit as part of its review of the grant application. During the site visit, staff was informed that Resolution 2000-R0443 was not valid since it was adopted in the previous calendar year. A resolution authorizing a grant application is required to be adopted in same calendar year as the application. By remedying this, TP&W will be able to complete its formal review of the application. Grant awards will be announced by the fourth week of January 2002. The Science Spectrum has received a $20,000 planning grant from the Texas Parks and Wildlife Department for a new exhibit called The Brazos River Journey: Texas Alive. This 8,000 square foot exhibit will promote the importance of the Brazos River and its capability to provide water for agriculture, industry, boating, swimming and fishing throughout Texas. The exhibit, scheduled for installation by the spring of 2002, will feature aquariums, terrariums and hands-on exhibits providing a unique learning experience. In addition to the planning grant, the Science Spectrum has already raised $60,000 from individuals and foundations. The U.S. Department of Housing and Urban Development has also awarded $1.1 million for this project. The total cost of the exhibit is approximately $2 million. The City of Lubbock is eligible to apply for up to $750,000 through the Texas Recreation and Parks Account Indoor Program Grant, a program of Texas Parks and Wildlife. Once completed, the Brazos River Journey: Texas Alive exhibit will enhance the educational programming at the Science Spectrum and it will serve as added attraction to the visitors of Lubbock. No aquarium or zoological center exists in the Lubbock region to introduce citizens and visitors to the uniqueness of the area. By filling this void, this project 433 Regular City Council Meeting December 13, 2001 Page 434 will increase tourism and visitation to Lubbock. The project will also promote a heightened understanding of water as our single most valuable natural resource and the need for wise usage. Staff recommended approval of this resolution. (35.) Resolution No. 2001-RO521 authorizing the Mayor to execute an industrial tax abatement agreement with B.L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee. RESOLUTION NO. 2001-RO521 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 and all related documents by and between the City of Lubbock and B. L. Hunter Marital Trust, dba Hunter Millworks, Inc., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of December, 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 FA»:Zo1•j917_kiwe • : MU /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0521. The City of Lubbock received an application for industrial tax abatement from Hunter Millworks to build a new manufacturing facility at 902 N.E. Loop 289 in the North Enterprise Zone. The company has to move from its existing location due to the east/west freeway project. The project for Hunter Millworks consists of the construction of a 45,000 square foot manufacturing facility and offices. The expected investment in the facility is $1,800,000. Hunter Millworks will increase their employment by two jobs within one year. The payroll for the existing and new jobs is approximately $750,000 annually. The project meets the Industrial Tax Abatement Policy and Guidelines minimum of $500,000 investment in real estate improvements for an existing company. 434 Regular City Council Meeting December 13, 2001 Page 435 Market Lubbock considered this application at its September 12, 2001 Board Meeting and has recommended a 5 year, declining scale tax abatement (example: 1s1 year 100%, 2"d year 80%, etc.) for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100 % $10, 260 Year 2 80% $ 8,208 Year 3 60 % $ 6,1560 Year 4 40 % $ 4,104 Year 5 20% $ 2,052 The estimated total city abatement over the life of the contract is $30,780. The estimated total county abatement over the life of the contract would be $16,096. The project will add $1.8 million in new value to the tax base in the North Enterprise Zone. Under the current guidelines, Hunter Millworks, Inc. is eligible and meets all the criteria for tax abatement. The City Council approved the Notice of Intent to enter into a tax abatement agreement at their December 3, 2001 City Council meeting. Staff recommends approval of this resolution. (36.) Resolution No. 2001-110522; Resolution No. 2001-R0523; Resolution No. 2001-R0524; Resolution No. 2001-R0525; and Resolution No. 2001-RO526 authorizing the Mayor to sign five U.S. Department of Agriculture Farm Service Agency Powers of Attorney with James A. Thiel, William J. Thiel, Thomas J. Thiel, Ronnie Hamilton, and Kelly Thomas (Airport, new landfill, and southwest water reservoir site City property farm locations). RESOLUTION NO. 2001-RO522 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 Power of Attorney appointing James A. Thiel to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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 December, 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 435 Regular City Council Meeting December 13, 2001 Page 436 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2001-R0522. RESOLUTION NO. 2001-RO523 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 Power of Attorney appointing William J. Thiel to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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 December, 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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2001-R0523. RESOLUTION NO. 2001-RO524 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 Power of Attorney appointing Thomas J. Thiel to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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 December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 436 Regular City Council Meeting December 13, 2001 Page 437 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2001-R0524. RESOLUTION NO. 2001-RO525 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 Power of Attorney appointing Ronnie Hamilton to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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 December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2001-R0525. RESOLUTION NO. 2001-RO526 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 Power of Attorney appointing Kelly Thomas to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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. 437 Regular City Council Meeting December 13, 2001 Page 438 Passed by the City Council this 13th day of December, 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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2001-R0526. The City of Lubbock has tenant farmers that farm property for the City at several locations. At the airport are James, William, and Thomas Thiel. West of Abernathy at the new landfill is Ronnie Hamilton. The southwest water reservoir site (northeast corner of Milwaukee and FM 1585) is farmed by Kelly Thomas. An important factor in each of these farmers' operations is the ability to qualify for government programs and sign up for them. This Farm Service Agency Power of Attorney allows each tenant farmer to sign up for these programs for themselves and the City. They will receive income from the government for the program(s) that they enroll in. Since the City is a tax-exempt governmental entity, it is put in a pool with all other tax exempt entities for a yearly drawing in Texas. The City won this pool one time in the 1980's. Staff recommended approval of these resolutions. (37.) Resolution No. 2001-RO527 authorizing the Right -of -Way Department to make an offer to Lubbock Commercial Buildings, Inc. for a permanent sanitary sewer line easement and working easement in Section 17, Block E-2, Lubbock County, Texas (10609 Quaker Avenue). RESOLUTION NO. 2001-RO527 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 and public use and purposes, to -wit: for a permanent sanitary sewer line easement and working easement in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent sanitary sewer line easement and working easement of the following described parcel of land located in Lubbock County, Texas be M. Regular City Council Meeting December 13, 2001 Page 439 acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: OWNER'S NAME Lubbock Commercial Buildings, Inc. AMOUNT $11,700.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A & B attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owner of above -described parcel of land being Lubbock Commercial Buildings, Inc. BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of a permanent sanitary sewer line easement and working easement, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of December, 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 L. Chamales, Supervising Attorney A copy of Exhibits A and B is filed with Resolution No. 2001-R0527. The City of Lubbock recently annexed several sections of land in southwest Lubbock and the Water Utilities Department is in its second phase of installing sewer lines in this area. This sewer line easement runs south 1,375 feet along the east side of Quaker Avenue beginning at approximately 106`h Street. The Water Utilities Department needs a 30- foot permanent sanitary sewer line easement and a 70-foot working easement. Jim Bowman, M.A.I., has appraised these easements at $11,700, which is our offer to Lubbock Commercial Buildings, Inc. This resolution authorizes the Right -of -Way Department to offer the property owner this appraised amount and if refused, institute condemnation proceedings to acquire these easements. Staff recommended approval of this resolution. 439 Regular City Council Meeting December 13, 2001 Page 440 (38.) Resolution No. 2001-RO528 authorizing the Right -of -Way Department to make an offer to Phillip Russell for a permanent underground utility easement and working easement in Section 17, Block E-2, Lubbock County, Texas (10413 Quaker Avenue). RESOLUTION NO. 2001-RO528 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 and public use and purposes, to -wit: for a permanent underground utility easement and working easement in the southwest Lubbock annexation area, and the City Council of said City fmds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent underground utility easement and working easement of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: OWNER'S NAME Phillip Russell AMOUNT $50,100.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A, B, and C attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owner of above -described parcel of land being Phillip Russell BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for his respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent underground utility easement and working easement, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of December, 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 Regular City Council Meeting December 13, 2001 Page 441 A copy of Exhibits A, B and C is filed with Resolution No. 2001-R0528. The City of Lubbock recently annexed several sections of land in Southwest Lubbock and the Water Utilities Department is in its second phase of installing sewer lines in this area. The Water Utilities Department needs a 30-foot permanent underground utility easement and two 70-foot working easements. This permanent utility easement runs southward along the future right-of-way of Miami Avenue just south of 103`d Street for 796 feet and then runs east to west along the half -section line between Memphis Avenue and Quaker Avenue. Total area of the permanent easement is 4.10 acres and total area of the working easement is 8.09 acres. Jim Bowman, M.A.I., has appraised these easements at $50,100, which is our offer to Phillip Russell. Part of this appraised value is for damages to two irrigation wells and underground pipe. This resolution authorizes the Right -of -Way Department to offer the property owner this appraised amount and if refused, institute condemnation proceedings to acquire these easements. Staff recommended approval of this resolution. (39.) Resolution No. 2001-RO529 authorizing the Right -of -Way Department to make an offer to Carl M. Russell for a permanent underground utility easement in Section 17, Block E-2, Lubbock County, Texas (3811 98' Street). RESOLUTION NO. 2001-RO529 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 and public use and purposes, to -wit: for a permanent underground utility easement and working easement in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent underground utility easement and working easement of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME Carl M. Russell AMOUNT $24,700.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A & B attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owner of above -described parcel of land being Carl M. Russell BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for his respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent underground utility easement and working easement, including all legal obligations attached thereto, for the use and benefit of 441 Regular City Council Meeting December 13, 2001 Page 442 the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of December, 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 A copy of Exhibits A and B is filed with Resolution No. 2001-R0529. The City of Lubbock recently annexed several sections of land in Southwest Lubbock and the Water Utilities Department is in its second phase of installing sewer lines in this area. The Water Utilities Department needs a 30-foot permanent underground utility easement and a 70-foot working easement across property owned by Carl M. Russell. This 30-foot underground utility easement begins at 98`h Street and Miami Avenue and runs southward for 1,762 feet. This easement widens to 38-feet at approximately the halfway point and contains 1.38 acres. Total acreage of the temporary working easement is 2.38 acres. Jim Bowman, M.A.I., has appraised these easements at $24,700, which is our offer to Carl M. Russell. This resolution authorizes the Right -of -Way Department to offer the property owner this appraised amount and if refused, institute condemnation proceedings to acquire these easements. Staff recommended approval of this resolution. (40.) Resolution No. 2001-RO530 authorizing acceptance of water and sanitary improvements for Lots 1- 116, and Tracts A- D, SunCrest Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO530 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR SUNCREST ADDITION, LOTS 1 - 116 AND TRACTS A - D TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Suncrest Addition, Lots 1 - 116 and Tracts A - D to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and 442 Regular City Council Meeting December 13, 2001 Page 443 WHEREAS, the total utility cost to the developer is $255,529.93 with the improvements constructed by Utility Contractors of America, having a value of $233,544.81 as determined by the unit prices established by said Chapter 28, and $21,985.12 cash paid to the City, which amount includes $13,142.01 cash for adjacent lines, with Benny Judah, the developer, to receive a refund of $96,393.28 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was -- performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $96,393.28 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this day 13th of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $255,529.93 and has a value of $233,544.81 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $21,985.12 that includes $13,142.01 for adjacent mains. The developer, Benny Judah, will receive a refund of $96,393.28 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 108`h Street and Quaker Avenue. Staff recommended approval of this resolution. 443 Regular City Council Meeting December 13, 2001 Page 444 (41.) Resolution No. 2001-RO531 authorizing acceptance of water and sanitary improvements for Lots 258- 317, South Mesa Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO531 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR SOUTH MESA ADDITION, LOTS 258 - 317 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of South Mesa Addition, Lots 258 - 317 to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $76,182.20 with the improvements constructed by Utility Contractors of America having a value of $49,544.95 as determined by the unit prices established by said Chapter 28, and $26,637.25 cash paid to the City, which amount includes $24,887.56 cash for adjacent lines, with Betenbough Companies, the developer, to receive a refund of $10,951.72 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $10,951.72 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this day 13th of February, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total ME Regular City Council Meeting December 13, 2001 Page 445 cost of the improvements is $76,182.20 and has a value of $49,544.95 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $26,637.25 that includes $24,887.56 for adjacent mains. The developer, Betenbough Companies, will receive a refund of $10,951.72 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located between 75`' and 76' Streets from Avenue P to Quanah Avenue. Staff recommended approval of this resolution. (42.) Resolution No. 2001-RO532 authorizing acceptance of water and sanitary improvements for Lots 301- 375, Regal Park Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO532 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR REGAL PARK ADDITION, LOTS 301 - 375 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Regal Park Addition, Lots 301 - 375 to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $94,060.44 with the improvements constructed by Utility Contractors of America having a value of $49,442.80 as determined by the unit prices established by said Chapter 28, and $44,617.64 cash paid to the City, which amount includes $5,746.80 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $4,641.31 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $4,641.31 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary .., Regular City Council Meeting December 13, 2001 Page 446 APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer Water Utilities, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $94,060.44 and has a value of $49,442.80 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $44,617.64 that includes $5,746.80 for adjacent mains. The developer, Lubbock Land Company, will receive a refund of $4,641.31 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 88`h Street and 88`h Place between Frankford and Homestead Avenues. Staff recommended approval of this resolution. (43.) Resolution No. 2001-RO533 authorizing acceptance of water and sanitary improvements for Lots 376- 385, Regal Park Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO533 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR REGAL PARK ADDITION, LOTS 376 - 385 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Regal Park Addition, Lots 376 - 385 to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $39,732.79 with the improvements constructed by Utility Contractors of America having a value of $29,203.10 as determined by the unit prices established by said Chapter 28, and $10,529.69 cash paid to the City, which amount includes $1,336.96 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $15,605.08 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $15,605.08 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 Regular City Council Meeting December 13, 2001 Page 447 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $39,732.79 and has a value of $29,203.10 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $10,529.69 that includes $1,336.96 for adjacent mains. The developer, Lubbock Land Company, will receive a refund of $15,605.08 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 92" Street and Homestead Avenue. Staff recommended approval of this resolution. (44.) Resolution No. 2001-RO534 authorizing acceptance of water and sanitary improvements for Lots 64-124, South Pointe Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO534 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR SOUTH POINTE ADDITION, LOTS 64 - 124 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of South Pointe Addition, Lots 64 - 124 to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $115,467.09 with the improvements constructed by Utility Contractors of America having a value of $95,927.60 as determined by the unit prices established by said Chapter 28, and $19,539.49 cash paid to the City, which amount includes $15,715.35 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $18,137.84 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and 447 Regular City Council Meeting December 13, 2001 Page 448 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $18,137.84 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $115,467.09 and has a value of $95,927.60 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $19,539.49 that includes $15,715.35 for adjacent mains. The developer, Lubbock Land Company, will receive a refund of $18,137.84 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located along 771h Street between Avenues S and U. Staff recommended approval of this resolution. (45.) Resolution No. 2001-RO535 authorizing acceptance of water and sanitary improvements for Lots 146- 204, South Haven Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO535 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR SOUTH HAVEN ADDITION, LOTS 146 - 204 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. ME Regular City Council Meeting December 13, 2001 Page 449 WHEREAS, the developer of South Haven Addition, Lots 146 - 204 to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $135,770.95 with the improvements constructed by Utility Contractors of America having a value of $108,190.15 as determined by the unit prices established by said Chapter 28, and $27,580.80 cash paid to the City, which amount includes $9,670.13 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $25,231.86 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $25,231.86 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13`h day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $135,770.95 and has a value of $108,190.15 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $27,580.80 that includes $9,670.13 for adjacent mains. The developer, Lubbock Land Company, will receive a refund of $25,231.86 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located on 104"' and 105`' Streets between Utica Drive and Vicksburg Avenue. ... Regular City Council Meeting December 13, 2001 Page 450 Staff recommended approval of this resolution. (46.) Resolution No. 2001-RO536 authorizing acceptance of water and sanitary improvements for Lots 155- 170, Meadows South Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO536 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR MEADOWS SOUTH ADDITION, LOTS 155-170 _ TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Meadows South Addition, Lots 155 - 170 to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $63,739.67 with the improvements constructed by Weaver Ditching Services, Inc. having a value of $47,372.55 as determined by the unit prices established by said Chapter 28, and $16,367.12 cash paid to the City, which amount includes $14,929.50 cash for adjacent lines, with Levinson Mackenzie Development Partnership, the developer, to receive a refund of $16,308.53 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $16,308.53 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice 450 Regular City Council Meeting December 13, 2001 Page 451 This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $63,739.67 and has a value of $47,372.55 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $16,367.12 that includes $14,929.50 for adjacent mains. The developer, Levinson Mackenzie Development Partnership, will receive a refund of $16,308.53 in accordance with Chapter 28. There is no of refund deposit. The subdivision is located south of 102" Street east of Frankford Avenue. Staff recommended approval of this resolution. (47.) Resolution No. 2001-R0537 authorizing acceptance of water and sanitary improvements for Tract A, Church on the Rock Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-R0537 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR CHURCH ON THE ROCK ADDITION, TRACT A TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. OWHEREAS, the developer of Church on the Rock Addition, Tract A to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $36,418.98 with the improvements constructed by Weaver Ditching Services, Inc., having a value of $26,117.29 as determined by the unit prices established by said Chapter 28, and $10,301.69 cash paid to the City, which amount includes $9,779.34 cash for adjacent lines, with Church on the Rock, the developer, to receive a refund of $16,206.06 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $16,206.06 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 451 Regular City Council Meeting December 13, 2001 Page 452 Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $36,418.98 and has a value of $26,117.29 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $10,301.69 that includes $9,779.34 for adjacent mains. The developer, Church on the Rock, will receive a refund of $16,206.06 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located south of 104"' Street and east of Slide Road. Staff recommended approval of this resolution. (48.) Resolution No. 2001-RO538 authorizing the Mayor to execute an agreement for professional services with Freese and Nichols, Inc. for monitoring and inspection services on the John T. Montford Dam. RESOLUTION NO. 2001-RO538 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 Freese and Nichols, Inc. for professional services for the City of Lubbock, 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 December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 452 Regular City Council Meeting December 13, 2001 Page 453 APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel Chief Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2001-RO538 This agreement with Freese and Nichols, Inc. (FNI) is for inspection and monitoring services for the John T. Montford (JTM) dam at Lake Alan Henry (LAH). With transfer of the responsibilities from the Brazos River Authority (BRA) to the City of Lubbock for maintaining the JTM, it is necessary to have a third party provide routine inspection and monitoring services for the dam. FNI will provide an initial inspection of the dam and associated facilities, and review historical monitoring data. They will issue an opinion of the condition of the facilities and recommended any improvements necessary. FNI will also analyze field measurements taken by city personnel to determine if any unusual movements are occurring. The contract term is 14 months and the amount is $31,200. Funds for the contract are from the LAH line item budget for professional services. Staff recommended approval of this resolution. (49.) Resolution No. 2001-RO539 authorizing the Mayor to execute an agreement with Voice Stream for lease of space on the 50`h and Joliet elevated storage tank for wireless telecommunications. RESOLUTION NO. 2001-RO539 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 Land Use Lease between the City of Lubbock and the VoiceStream GSM I Operating Co., L.L.C. the right to construct and maintain radio antenna and appurtenances thereto on tracts of land owned by the City of Lubbock. Said Lease is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel Chief Water Utilities Engineer 453 Regular City Council Meeting December 13, 2001 Page 454 APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Lease is filed with Resolution No. 2001-R0539. This agreement with Voice Stream is similar to other agreements executed for use of city elevated storage tanks for wireless communications. Voice Stream will mount antennae on the catwalk on the 50`h and Joliet tank. They will construct communication buildings on the ground within the secure area of the site. The initial lease rate is $7,500 per year and the initial term is 10 years. The agreement is renewable for up to four terms of 5 years each. During the initial 10-year term, the lease rate increases 4 percent per year. The lease rate increases by 20 percent for each 5-year term thereafter. Staff recommended approval of this resolution. Next item to be considered was Item No. 51. (50.) Resolution No. 2001-R548 authorizing the Mayor to sign a Notice of Intent to Establish a Tax Increment Financing Reinvestment Zone for North Overton, Pursuant to the Tax Increment Financing Act, Texas Tax Code Chapter 311. This item was moved to Regular Agenda and was considered following Item No. 58. RESOLUTION NO. 2001-RO548 WHEREAS, a petition has been received from the owners of more than 50 percent of the appraised value of an area within the City of Lubbock, in North Overton bounded by the Marsha Sharp Freeway on the north, University Avenue on the west, Broadway on the south and the alley between Avenue R and Avenue Q on the east, (as determined by the most recent certified appraisal roll for Lubbock County), requesting creation of a tax increment finance district; and WHEREAS, the petition, a copy of which is attached hereto as Exhibit A, has been examined, verified and found to meet the requirements of Section 311.005(a)(5) and to be sufficient for consideration by the City of Lubbock; and WHEREAS, the City of Lubbock accepts the petition and intends to establish a second Tax Increment Financing Reinvestment Zone in this area for the City of Lubbock pursuant to the Tax Increment Financing Act ("Act") for the purpose of encouraging development and redevelopment; and WHEREAS, the boundaries of the Tax Increment Financing Reinvestment Zone for the North Overton District, are described in the attachment designated as Exhibit "B" and shown on the map attached hereto as Exhibit "C", said area for the North Overton 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, 454 Regular City Council Meeting December 13, 2001 Page 455 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 North Overton 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 December, 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 the Petition (Exhibit "A") is filed with Resolution No. 2001-R0548. Craig Farmer, Managing Director of Planning, reviewed plans for a Tax Increment Finance District for North Overton during the work session. This item authorizes the Mayor to sign a notice of intent to form a Tax Increment Financing Reinvestment Zone (TIF) for the area between Broadway and 4' Street, University Avenue and Avenue Q, which is generally known as North Overton. This notice will be mailed to This TIF is different than the Central Business District TIF that the Council recently established because the North Overton area contains a large amount of residential property. When a proposed TIF contains more than 10 % residential property, it must be initiated by a petition of the owners of more than 50 % of the appraised value of the property within the proposed zone. This petition has been received and validated by the city. The TIF statute requires that notice must be sent to the other taxing units levying taxes in the area at least sixty days prior to a public hearing if the Council is interested in pursuing the proposed TIF. The notice includes a map and written description of the boundaries as well as a preliminary project plan and finance plan. The numbers in the preliminary finance plan are for planning and notification purposes only. Staff will work with the other taxing 455 Regular City Council Meeting December 13, 2001 Page 456 jurisdictions to refine the finance and project plans before returning with a TIF creation ordinance for council consideration in the spring. The preliminary project plan for the notification is still being developed by staff and so is not included in the Council backup. Staff handed this document out at the December 13 council meeting. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass Resolution No. 2000-RO548 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez and Councilmember McDougal recused themselves. Next item to be considered was Top Ten List, (51.) Resolution No. 2001-RO540 extending the contract with Hilgers & Watkins, P.C., and Denton, Navarro, & Bernal, P.C. for legislative consulting services for the City of Lubbock. This item was considered following Item No. 49. RESOLUTION NO. 2001-RO540 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 Hilgers & Watkins, P.C., and Denton, Navarro & Bernal, P.C. for legislative consulting services for the City of Lubbock, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett, Managing Director of Communication and Legislation 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-R0540. The City has utilized the consulting services of Randy Cain and Susan Rocha since September of 1996, to assist our legislative efforts in Austin. They provide services year-round in contacts with our elected officials, their staff, state appointed officials, and state agencies. 456 Regular City Council Meeting December 13, 2001 Page 457 The Legislative Director recommended approval of this contract extension. (52.) Resolution No. 2001-RO541 ordering an election to be conducted May 4, 2002 with regard to placing the amendment of Chapter 12 of the Code of Ordinances of the City of Lubbock, Texas, with regard to public health by amending Article IX, pertaining to smoking in public places, regulating tobacco sales or samples to minors. RESOLUTION NO. 2001-RO541 RESOLUTION AND ORDER FOR SPECIAL CITY ELECTION WHEREAS, a referring committee registered with the City Secretary on September 14, 2001, for the purpose of proposing passage of an ordinance to repeal Article IX, Chapter 12 of the Code of Ordinances of the City of Lubbock and to re-enact said Article IX, Chapter 12 of the Code of Ordinances of the City of Lubbock as it existed immediately prior to July 12, 2001, with regard to regulation of smoking in public places; and WHEREAS, said referring committee did thereafter within the time limit prescribed by the Lubbock City Charter file with the City a petition supporting the proposed ordinance to repeal of Article IX of Chapter 12 of the Code of Ordinances and re-enacting said Article IX of Chapter 12 of the Code of Ordinances as it existed immediately prior to July 12, 2001; and WHEREAS, sufficient signatures upon said petition were validated by the City Secretary to bring such proposed ordinance before the City Council on December 3, 2001; and WHEREAS, City Council of the City of Lubbock did heretofore on December 3, 2001, failed to enact said proposed ordinance; and WHEREAS, the referring committee has now requested that the City Council order an election at which a proposition to adopt or reject the ordinance proposed to repeal Article IX, Chapter 12, as it now exists and to re-enact said Article IX, Chapter 12, as it existed immediately prior to July 12, 2001, shall be placed before the voters of the City of Lubbock in a special election at the next available uniform election date, which is May 4, 2002; NOW THEREFORE: BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a Special City Election of the City of Lubbock is hereby ordered to be conducted on May 4, 2002, under the applicable provisions of the Texas Election Code, the Lubbock City Charter and City ordinances. SECTION 2. THAT said election shall be for the purpose of voting for or against the following proposition: PROPOSITION SHOULD THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BE AMENDED BY ENACTING A PROPOSED ORDINANCE TO REPEAL ARTICLE IX, CHAPTER 12, PERTAINING TO SMOKING IN PUBLIC PLACES AS IT PRESENTLY EXISTS AND SUBSTANTIALLY RE-ENACTING ARTICLE IX, CHAPTER 12, AS IT EXISTED IMMEDIATELY PRIOR TO JULY 12, 2001; INCLUDING PROVISIONS TO PROVIDE OWNERS OF PROPERTY OPEN TO THE PUBLIC THE 457 Regular City Council Meeting December 13, 2001 Page 458 OPTION OF DESIGNATING A PORTION OF THEIR PROPERTY AS A SMOKING AREA; REPEALING THE REQUIREMENT THAT OWNERS MAKE STRUCTURAL OR PHYSICAL CHANGES IN THEIR PROPERTY; RE-ENACTING THE REQUIREMENT THAT OWNERS POST SIGNS DESIGNATING AN AREA AS A SMOKING AREA; PROHIBITING SMOKING IN ELEVATORS, SERVICE LINES; CASHIER AREAS; OVER THE COUNTER SALES AREAS; RESTROOMS; AND IN OTHER AREAS IN WHICH SMOKING IS PROHIBITED BY THE FIRE MARSHAL, OTHER LAWS, ORDINANCES OR REGULATIONS; PROHIBITING POSSESSION OF TOBACCO BY MINORS; AND REGULATING THE SALE OF TOBACCO BY VENDING MACHINES. FOR: AGAINST: SECTION 3. THAT an electronic voting system shall be used for this election, including early voting. Said City general election shall be held at the places in the City of Lubbock hereinafter designated as voting precincts and in the voting places designated in Exhibit A hereto. Voting places shall be open from 7:00 a.m. to 7:00 p.m., and all electors shall vote in the precinct of their residence unless such precinct shall be consolidated with another precinct as indicated in Exhibit A. The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. SECTION 4. THAT the persons named in Exhibit A hereto are hereby appointed Judges and Alternate Judges to conduct said General City Election on May 4, 2002. In the event any named person is unable to serve for any reason, the city secretary of the City of Lubbock is hereby authorized and directed to make such substitutions as may be required and to amend Exhibit A hereto as required. Each presiding judge so named is authorized to appoint the number of clerks authorized by the city secretary of the City of Lubbock, which number shall not be less than two (2) clerks nor more than six (6) clerks. The alternate judges shall serve as presiding judges in the event that the regularly appointed presiding judge is unable to serve. The alternate judges shall be appointed by the presiding judge to serve as one of the clerks in the event that the regularly appointed presiding judge conducts the election. SECTION 5. THAT early voting by personal appearance shall commence on the 17`h day of April, 2002, and end on the 30`h day of April, 2002. Said early voting shall be conducted at the locations, days and hours indicated on Exhibit B hereto. SECTION 6. THAT the city secretary of the City of Lubbock is hereby ordered to cause publication of this Ordinance ordering the General City election of municipal officers in a newspaper of general circulation at least once no earlier than the 30`h day nor later than the 10`h day before election day. In addition, a copy of this Ordinance shall be posted not later than the 21S` day before election day on the bulletin board used for posting notices of meetings of the governing body and a notice of consolidation shall be posted not less than 20 days before election day at any polling places not consolidated at the last previous election, which notice shall indicate the precinct of consolidation and the location of the new polling place. SECTION 7. THAT the city secretary shall serve a duly certified copy of the Ordinance upon each of the presiding judges named in Exhibit A not later than the seventh day after the signing of this Ordinance or the 15`h day before election day, whichever is later. SECTION 8. THAT a copy of the Statement for Proposed Ordinance and the attached ordinance be attached hereto as Exhibit C and made a part hereof for all purposes. Regular City Council Meeting December 13, 2001 Page 459 Passed by the City Council this 13th day of December, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of Exhibit "A", "B", and "C" respectively are filed with Resolution No. 2001- R0541. On July 12, 2001, the City Council adopted Ordinance #2001-00060 with regard to public health by amending Chapter 12, Article XI, of the Code of Ordinances pertaining to smoking in public places; regulating smoking in work places and regulating tobacco sales or samples to minors; providing a savings clause and providing for publication. This ordinance replaced an existing ordinance regulating the same subject. On September 14, 2001 a statement, signed by not less than five qualified voters of the City of Lubbock, stating that they have proposed an ordinance for adoption or repeal, was filed with the office of the City Secretary. On November 8, 2001 a petition bearing approximately — 5,600 signatures and a proposed ordinance was filed with the office of the City Secretary. On November 16, 2001 the City Secretary determined that the petition contained the verified signatures of not less than twenty-five percent of the qualified voters within the City of Lubbock, as determined by the number voting at the last regular municipal election. Pursuant to the requirements of Chapter 1, Article IV, Section 1 of the Lubbock City Charter all papers pertaining to the proposed ordinance were submitted to the City Council at its meeting on December 3, 2001. At the same meeting the City Council conducted a public hearing pertaining to the repeal of Ordinance #2001-00060 and the adoption of the ordinance proposed by the petition. At the conclusion of the public hearing the City Council took no action on the proposed ordinance. The proposed ordinance re -adopts the provisions of Ordinance 9127 (October 22, 1987) as amended by Ordinance 9849 (November 9, 1995) and would, if adopted, have had the effect of reinstating those provisions of the Code of Ordinances regulating smoking that existed immediately prior to the adoption of Ordinance #2001-00060 on July 12, 2001. At its meeting on December 3, 2001 the City Council, after receipt of all papers relating to the petition from the City Secretary, voted to reject the proposed ordinance. The next action to be carried out by the City Council is the calling of an election to place the proposed ordinance before the voters. Staff recommended approval of this resolution. 459 Regular City Council Meeting December 13, 2001 Page 460 Bob Cass, City Manager, stated that City Secretary had now received the appropriate documentation from the initiating committee and he recommended that this resolution be passed which will place it on the May ballot. (53.) Resolution No. 2001-R authorizing assignment of the funds associated with and for the purpose of conducting marketing activities in an interlocal agreement between the Lubbock Reese Redevelopment Authority and the City of Lubbock to Market Lubbock, Inc. This item was deleted. (53A.) Resolution No. 2001-RO542 authorizing the Mayor to sign an agreement for Professional Services between the City of Lubbock and AgriWaste Technology, Inc. RESOLUTION NO. 2001-RO542 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Professional Services between the City of Lubbock and Agri -Waste Technology, Inc. ("AWT"), and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Managing Director Water Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2001-R0542. As required in the 1989 Agreed Order between the City of Lubbock and the Texas Natural Resource Conservation Commission, the City is revising the Groundwater Remediation Program at the Lubbock Land Application Site. As part of this program a new system has been designed to more effectively manage effluent application to ensure protection of groundwater and compliance with regulatory permit parameters. This agreement authorizes AgriWaste Technologies, who developed the program, to evaluate a variety of operational and environmental data related to the Lubbock Land Application Site and make recommendations to improve the operation. During the two year Met Regular City Council Meeting December 13, 2001 Page 461 term of the agreement, AgriWaste Technologies will train and prepare City employees to operate this program in the future. Staff recommended approval of this resolution. (54.) Resolution No. 2001-R0543/RFP #157-01/RS -to Furnish & Install Deluge Sprinkler System (Water Treatment). RESOLUTION NO. 2001-RO543 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to furnish and install a deluge sprinkler system, by and between the City of Lubbock and SimplexGrinnell LP 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 December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0543. This project involves the installation of a deluge sprinkler systems for anhydrous ammonia vessels located at the Water Treatment Facility, 6001 North Guava and the Sudan Pump Station in Lamb County on State Highway US-84. Deluge units are specialized sprinkler systems designed to use water to engulf lighter than air gasses and keep them under maximum control during a chemical leak or unforeseen event. The water curtain from the deluge system will also keep heat and flames from rupturing the ammonia vessels causing major damage to the pumping stations. The deluge system is engineered to specific site design and will automatically activate during a fire or ammonia leak. The evaluation criteria in the RFP included: • Successful performance on similar installations (30%) • Qualifications and skill appropriate to the project (20%) • Knowledge and understanding of the project (20%) 461 Regular City Council Meeting December 13, 2001 Page 462 • Capability to meet schedules and deadlines (15%) • Record of performance on previous work (10%) • Cost (5 %) ABCO Fire Protection Inc and SimplexGrinnell attended the pre - proposal meeting. SimplexGrinnell, a unit of Tyco Fire and Security Service, submitted the only written proposal. Staff recommended contract award to SimplexGrinnell in the amount of $104,500 and is within Well Field Rehab and Replacement/WTP Optimization budget. (55.) Resolution No. 2001-R0544/RFP #225-01/RW —for Employment Physical & Examinations and Drug/Alcohol Screening (Human Resources). RESOLUTION NO. 2001-R0544 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 employment physical and examinations and drug/alcohol screening, by and between the City of Lubbock and Covenant Health System 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 December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0544. The City of Lubbock requires pre -placement drug screens on all positions. In addition, drug screens are also required for promotions and Department of Transportation random and reasonable cause testing. The use and abuse of drugs is a significant problem currently faced by employers. Employees who use drugs are more likely to be absent, injure themselves or a co-worker, be involved in an accident off the job, file a Worker's Compensation claim and become less productive. The City of Lubbock requires drug/alcohol testing for approximately 600 462 Regular City Council Meeting December 13, 2001 Page 463 applicants/employees each year; the Department of Transportation requires 150 to 200. Proposals were received from the following firms: 1. Covenant Health System of Lubbock, TX 2. Physicians Network Services of Lubbock, TX 3. Lubbock Occupational Health of Lubbock, TX Proposals for drug and alcohol screening were evaluated using the following criteria: ♦ Qualifications and expertise of firm. 15 % ♦ Experience of staff assigned to project. 15 % ♦ Initial screening and confirmation process. 13.33 % ♦ Collection and handling process. 13.33 % ♦ Processed by NIDA Certified Lab. 13.33 % ♦ Firms ability to provide expert witness testimony. 10% ♦ References. 10% ♦ Cost. 10% The selection committee ranked the drug and alcohol screening proposals as follows: 1. Covenant Health System (10.75 Points) 2. Lubbock Occupational Health ( 9.70 Points) 3. Physicians Network Services ( 9.55 Points) After the initial rating process, it was determined that site visits were necessary to evaluate the three firms. Each committee member was required to rank the firms during the site visits using the following criteria: ♦ Americans with Disability Act (ADA) Compliance. ♦ Demonstrated Intake Procedures. ♦ Demonstrated Collection, Storage, Shipping and Receiving. ♦ Demonstrated Reporting Procedures for Positive/Negative Results. ♦ Proposal Bid Justifies all Cost. The selection committee ranked the site visits as follows: 1. Covenant Health System (11.40 Points) 2. Lubbock Occupational Health ( 9.80 Points) 3. Physicians Network Services ( 8.40 Points) 20 % 20 % 20 % 20 % 20 % The selection committee's cumulative ranking of the drug and alcohol screening proposals was as follows: 1. Covenant Health System (22.15 Cumulative Points) 2. Lubbock Occupational Health (19.50 Cumulative Points) 3. Physicians Network Services (17.95 Cumulative Points) The City has two job categories, Non -Civil Service and Civil Service (Firefighters and Police Officers), that require pre -placement or promotional physical examinations. The purpose of the examination is to ensure that an employee's physical abilities are matched to a job that he/she is capable of performing safely without undue risk of injury to the employee or co-workers. The task of matching a person's capabilities to the appropriate job or job modifications can be a complicated task which requires special knowledge of the work place environment. 463 Regular City Council Meeting December 13, 2001 Page 464 Approximately 200-250 Non -Civil Service and 500-600 Civil Service applicants/employees would require physicals each year. Proposals for physical examinations were evaluated using the following criteria: ♦ Qualifications and expertise of firm 15 % ♦ Experience of staff assigned to project 15 % ♦ Intake and examination procedures 20 % ♦ Amount of time spent on work related physicals 20 % ♦ Firms ability to provide expert witness testimony 10 % ♦ References 10 % ♦ Cost 10 % The selection committee ranked the physical examination proposals as follows: 1. Covenant Health System (10.85 Points) 2. Lubbock Occupational Health ( 8.97 Points) 3. Physicians Network Services ( 8.60 Points) After the initial rating process, it was determined that site visits were necessary to evaluate the three firms. Each committee member was required to rank the firms during the site visits using the following criteria: ♦ Americans with Disability Act (ADA) Compliance 20 % ♦ Demonstrated Intake Procedures 20 % ♦ Demonstrated Occupational Health Examination procedures 20 % ♦ Demonstrated Reporting and Follow-up Procedures 20 % ♦ Proposal RFP justifies all Cost 20 % The selection committee ranked the site visits as follows: 1. Covenant Health System (13.00 Points) 2. Lubbock Occupational Health (10.80 Points) 3. Physicians Network Services ( 7.20 Points) The selection committee's cumulative ranking of the physical examination proposals was as follows: 1. Covenant Health System (23.85 Cumulative Points) 2. Lubbock Occupational Health (19.77 Cumulative Points) 3. Physicians Network Services (15.80 Cumulative Points) Staff recommended contract award to Covenant Health System of Lubbock, Texas. (56.) Resolution No. 2001-R0545/BID #250-01/RS - for LP&L Cooke Station Cooling Tower #2 Renovation (Electric Production). ,M Regular City Council Meeting December 13, 2001 Page 465 RESOLUTION NO. 2001-RO545 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a purchase order per ITB #250-01/RS for the LP&L Cooke Station Cooling Tower #2 renovations, by and between the City of Lubbock and Psychrometric Systems, Inc. of Golden, Colorado, and related documents. Said purchase order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0545. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of December, 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 Psychrometric Systems, Inc. (PSI), of the City of Golden, County of Jefferson, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the hereinafter mentioned, to be made and performed by conditions expressed in the bond bearing even d CONTRACTOR hereby agrees with OWNER to c o and under the (if any) the complete the BID #Colorado - Lubbock Power & Light Cooke Station Cooling Tower #2 Renovation - $472,527.00 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. 465 Regular City Council Meeting December 13, 2001 Page 466 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Clifford L. Davis 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: Psychrometric Systems, Inc. (PSI) By: /s/ Dave Yolton PRINTED NAME: Dave Yolton TITLE: Manager of Reconstruction COMPLETE ADDRESS: Psychrometric Systems, Inc. (PSI) 1767 Denver West Blvd. Golden, Colorado 80401 This bid is for the installation of a counter -flow cooling tower for Lubbock Power & Light at Cooke Station. The low bid is $472,527 from Psychrometric Systems of Golden Colorado and is within the System Capital Outlay -Cooke Cooling Tower Upgrade budget. (57.) Resolution No. 2001-R0546/BID #274-01/RS -for Metal Bleachers (Park Development). RESOLUTION NO. 2001-RO546 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a purchase order per ITB #274-01/RS for metal bleachers, by and between the City of Lubbock and Sports & Recreational Products, Inc., of San Antonio, Texas, and related documents. Said purchase order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. yet Regular City Council Meeting December 13, 2001 Page 467 Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0546. This bid is for the purchase of metal bleachers for the McAlister Park development project. The bleachers will be installed by City personnel and will be used for spectator seating at the little league baseball complex. The low bid is $43,376 from Sports & Recreation Products of San Antonio, Texas and is within the System Capital Outlay -McAlister Park Development budget. (58.) Resolution No. 2001-R0547/BID #286-01/BM —for Water Systems Pipe, Fittings, and Accessories (Water Utilities). RESOLUTION NO..2001-RO547 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #101-01/LR for pipe, valves and fittings, by and between the City of Lubbock and Hanson Pipe & Products, Inc. of Grand Prairie, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of December, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 467 Regular City Council Meeting December 13, 2001 Page 468 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0547. This bid is for the purchase of two miles of 36-inch water transmission main line on Milwaukee from 41h Street to 34`' Street. Milwaukee is being widened as part of a joint TxDOT and City of Lubbock project. Installation of this segment of water line at this time will prevent cutting the pavement within two years of completing the paving. The transmission line is part of a nine -mile pipeline that will supply the new Southwest Pump Station. Items to be purchased include 11,000 feet of 36-inch pipe, 36-inch fittings, steel casing, and accessories. These items are necessary to complete the water transmission main from Low Head B at North Quaker and Clovis Road to the new Southwest Pump Station located at Brownfield Highway and Iola. These improvements are necessary to ensure that the City of Lubbock meets the minimum pressure and supply rules established by the TNRCC. The low bids are from the following companies and are within the System Capital Outlay South Lubbock Water System Improvements budget: Hanson Pipe & Products, Inc. of Dallas, Texas $519,290 WaterMaster Irrigation Supply, Inc. of Lubbock, Texas $473 Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. The next item considered was Item No. 50. 11:38 A.M. COUNCIL RECESSED 11:38 A.M. PUBLIC HEARING (58A.) Hold a public hearing regarding a requested increase in the water rates by Franklin Water Service Company affecting Blue Sky (Northside) and take appropriate action. Mayor Sitton opened the public hearing at 11:38 a. in. Virginia Franklin Mower and Clifford Mower appeared on behalf of Franklin Water Service Company requesting rate increase. George Campbell, Barry Surratt, Betty Campbell, and Wayne Tomlinson represented opposition as named parties and were identified as "Complainants". Mayor Sitton closed the hearing at 1:25 p. m. The Blue Sky Addition is located within the City Limits and receives its water service from the Franklin Water Supply, a private water supplier. Franklin is requesting to increase water rates to the residents of the Blue Sky Addition. The City of Lubbock has exclusive original jurisdiction Regular City Council Meeting December 13, 2001 Page 469 over the matter of rate setting pursuant to Chapter 13 of the Texas Water Code and is required in this instance to hold a public hearing to determine that the rates requested by Franklin to be charged to the residents of the Blue Sky Addition are reasonable. In the event that the City of Lubbock determines that the rates are not reasonable, the City shall determine the rates to be charged. The City has employed a private firm to evaluate the reasonableness of the rate request. The results of the analysis will be reported to the City Council at the public hearing. The following agenda was issued for this hearing: Open to public hearing Parties were able to speak. However, Mayor Sitton gave instructions to the parties before they began to speak and they were sworn in as witnesses. Franklin Water Service testimony was given by Virginia Franklin Mower and Clifford Mower. They were then cross-examined by City Council and members of the Complainants. The aforementioned complainants testified and were then cross-examined by City Council, Virginia Franklin Mower and Clifford Mower. Diann Guynn also was sworn in and questioned if the water was safe. An unidentified gentleman testified for the Complainants. Dan Jackson, expert witness, testified as a representative of the City Council. At this time, Councilmember Morrison asked Mrs. Mower to explain the history of Franklin Water Service and the reason for the increase. Terry Ellerbrook gave reasons the City had not taken over this water service, i.e. expenses to the customers of platting, etc. Councilmember McDougal recommended continuing this hearing to allow the City Manager/City Attorney time to find out what they can and cannot do. City Manager Cass asked Assistant City Attorney Richard Casner if the hearing was continued, could the owners of the company continue to charge the higher rate until we come back to Council. Mr. Casner's thoughts were that the rate could be charged. Mr. Jackson then continued his remarks and recommended that the rate increase be upheld per the following: 1) For many years, the company has experienced an operating loss. 2) Blue Sky rate payers have been paying less than the cost of service for the last several years. The company loses money on every gallon of water they are selling to the residents of Blue Sky. 3) After reviewing financial statements and expenses very extensively, these were found to be very reasonable. They are perfectly in accordance with a company this size and the residents [me Regular City Council Meeting December 13, 2001 Page 470 are not being asked to pay any expenses that are not going to service them. 4) Any time you have a situation where water goes from a city to a private company to a rate payer, you are going to have an increase in cost. It is perfectly reasonable and typical, but end result is rate payers pay more than city water payers pay. 5) Finally, the company has not adjusted its rates since 1990. The average water and waste water utility across the United States has raised its rates five percent every year over the last decade and it is forecast that the average utility will continue to do so. Mayor Sitton asked if Franklin Water were to declare bankruptcy, would the City of Lubbock have an obligation to provide water for the citizens. Mr. Jackson deferred to the City Attorney on this matter. Councilmember Nelson stated we would provide them water but they would have to pay for the hook-up prorata. We would have to put a new line in or something along those lines. Mr. Jackson concluded with recommendations for future rate adjustments. He suggested annual rate adjustments. He recommended holding a public forum for rate payers before the next adjustment to give them reasons for the adjustment. He recommended to the City Council that as a predicate before they allowed any future rate increases, they require Franklin to meet these two criteria. To put company on notice that if they are not met, the increases will not be allowed no matter if they are running at a deficit or not. Councilmember Morrison then asked Assistant City Attorney Casner what would happen if Franklin walked away from the water situation. Mr. Casner stated although he had not researched this issue, he would tend to think the City would be under no obligation to provide water free of charge. All costs and fees associated with becoming a water utility customer of the City would have to be paid by the citizens.. Mr. Jackson was then cross-examined by Betty Campbell. Mr. Miller asked Mr. Jackson to be specific about what he found as the loss. Last portion of the hearing was rebuttal. Betty Campbell (complainant) questioned why they had to pay the money when they didn't request the rate increase and what is a ballpark figure for replatting. Mayor Pro Tern Ty Cooke stated the Council was requesting continuance of this matter to get more details to work with. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez as a regulatory body to continue this matter. Motion carried: 7 Yeas, 0 Nays. Councilmember Nelson requested that data be researched and provided to the City Council. This information needed includes: the cost of drilling private wells, and if each lot owner could drill a well, what would the cost be. Councilmember Morrison requested an overview of existing lines. 1:25 P.M. HEARING CLOSED 470 Regular City Council Meeting December 13, 2001 Page 471 BOARD APPOINTMENTS (59.) Resolution No. 2001-R appointing five members to the Board of Directors for the Central Business District Tax Increment Financing Reinvestment Zone and appointing one of those as Chairman of the Board. This item was deleted. 1:30 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 2:20 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal adjourned the meeting. Read and approved this day of /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: i-Reqbeca Garza, City Secretary 471