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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/10/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 10,2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of February, 2000, in the City Council Chambers, First Floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson CITIZEN COMMENTS No citizens appeared to express comments to the Council. EXECUTIVE SESSION Mayor Pro Tern Ince stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager, City Secretary); deliberate, vote and take final action regarding the electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Environmental Inspection, Fire Department, Police Department, Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 7:34 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Mayor Sitton. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager; City Secretary). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action regarding the 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 (Energas Rate Request; Environmental Inspection; Fire Department; Police Department; Water Utilities). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: City Council Meeting February 10, 2000 Page 54 Appointments Advisory Board Community Development and Services Board Community Relations Commission Urban Design & Historic Preservation Commission ( 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 (Fire Department). 9:34 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Mayor Sitton. ( 6.) Presentation of the City of Lubbock Comprehensive Annual Financial Report for the fiscal year 1998-99 by Betsy Bucy, Director of Financial Services, and John Burdette, CPA and Partner at Robinson, Burdette, Martin & Cowan, L.L.P. Each year the Accounting Department prepares a comprehensive annual financial report (CAFR) that is designed to provide the City Council, citizens, representatives of financial institutions and others with detailed information concerning the financial condition and performance of the City of Lubbock. As a significant component of the preparation of the CAFR, an independent audit firm of certified public accountants performs an audit of the City's general-purpose financial statements and notes. The City of Lubbock 1998-99 Comprehensive Annual Financial Report was distributed to City Council members in the work session presentation. Financial highlights of City operations for the fiscal year ended September 30, 1999 were presented via a PowerPoint presentation. John Burdette, CPA and partner of Robinson Burdette Martin & Cowan, L.L.P. presented the Audit opinion to the City Council and addressed any questions the City Council members had about the audit or audit opinion. City Council was asked to take minuted action to accept by consensus the annual financial report. As the preparation of the report and acceptance by the City Council is required under the City Charter, staff recommended consensus acceptance. ( 7.) Presentation of the City of Lubbock annual report by Betsy Bucy, Director of Financial Services, and Sandy Glass, Public Information Coordinator. An annual report was created for the fiscal year 1998-99 through the joint efforts of the Finance Division and the Public Information Office. The report is designed to be informative about financial events and general highlights of the most recent fiscal year. The format and style of the report is designed to be useful and informative for the general citizenry of the City of Lubbock. Copies will be made available for distribution to economic development agencies, boards and commissions, requestors, Public Information and citizens. 54 City Council Meeting February 10, 2000 Page 55 No action is required. (8.) Presentation by Mickey Leland Hunger Fellowship regarding hunger, poverty, and race in Lubbock by representative Carrie Kilman. The Mickey Leland Hunger Fellowship is part of the Congressional Hunger Center, a national non-profit agency based in Washington, D.C. The Mickey Leland Hunger Fellowship has been in Lubbock for the past six months to study hunger on the local level. The Fellowship has worked with the South Plains Food Bank to established pilot programs such as "Kids Caf6," an after school program to feed impoverished children. The Fellowship members will soon be leaving Lubbock to go to Washington, D.C. to study hunger and public policy issues on the national level. Councilman T.J. Patterson requested that the Foundation make this presentation during Council work session. Carrie Kilman, who will be making this presentation, is a member of the Mickey Leland Hunger Fellowship. Carrie is also the daughter of Victor Kilman, City of Lubbock Purchasing Manager. This presentation by the Mickey Leland Hunger Foundation is being made for informational purposes only. (9.) Presentation on the impact on local government due to state and federal welfare roll cutbacks by Nancy Haney, Manager of Community Development. The Personal Responsibility and Work Opportunity Reconciliation Act, more commonly referred to as the Welfare Reform Act, became effective in 1996. Its purpose was to reduce the welfare rolls by putting recipients to work, shortening the amount of time welfare assistance was needed. This presentation will highlight the impact Welfare Reform has had on the citizens of Lubbock, as well as the impact it has had on the programs serving the low-income residents of our community. 10:32 A. M. WORK SESSION RECESSED 10:42 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Mayor Windy Sitton Mayor Pro Tem Max Ince called the meeting to order at 10:42 A. M. (10.) Pastor Terry Nesmith of Faith Assembly of God Church gave the invocation. 55 City Council Meeting February 10, 2000 Page 56 (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Monte Hasie (unable to attend) Housing Authority Receiving: Max Tarbox Millennium Advisory Committee Receiving: Wendell Brown David Langston (unable to attend) CITIZEN APPEARANCES (12.) Presentation of Certificate of Achievement for Excellence in Financial Reporting to the City of Lubbock by Diana Ortiz, Director of Fiscal Operations, City of Denton, Texas. The Government Finance Officer's Association of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial reporting to the City of Lubbock for its Comprehensive Annual Financial Reporting (CAFR) for the fiscal year ended September 30, 1998. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement for Financial Reporting, a governmental unit must publish an easily readable and efficiently organized CAFR, where contents conform to program standards. The CAFR must satisfy both generally accepted accounting principals and applicable legal requirements. The City of Lubbock has received the Certificate of Excellence in Financial Reporting for the past fifteen consecutive years. Diana Ortiz, Fiscal Operations Director for the City of Denton, Texas, representing the Government Finance Officer's Association, presented this award to the City. (13.) Presentation of a plaque from the Ronald McDonald House and special recognition of City of Lubbock employees in honor of their eight -year participation in the Ronald McDonald House Meals Program. The Ronald McDonald House is a home away from home for families from outside the county who have ill or injured children being treated in Lubbock's medical facilities. In January 1992, City of Lubbock departments began an eight -year association with the House when they volunteered to participate in the Ronald McDonald House Meals Program. Using their own personal funds, employees purchased food and cooked and served the evening meal. By providing dinner, families are able to come back to the House after a long day at the hospital and relax with fellowship and a nutritious meal. When families leave the House, they leave with a positive impression of Lubbock due in large part to the people who provide meals many nights each year. 56 City Council Meeting February 10, 2000 Page 57 Eight years, 165 meals, and 1,500 families later, City employees continue to support this program. Eleven departments have served continuously since the beginning of this program. Special recognition will be made to those departments serving continuously during the past eight years. Their commitment to this program is exemplary. Department Budget Citibus City Manager's Office City Council Office City Secretary's Office Community Development Health Department LP&L Planning Police Department Water Engineering Representative Irma Martinez Chris Phelps Sheila Wuensche Bob Goodwin Becky Garza Carol Forrester Vilka Scott Darlene Mauldin David Buckberry Sergeant Ross Hester Lupe Garcia Many other departments have served five, six and seven years. These departments along with any others that have served over the years will receive recognition certificates outside of the City Council meeting. Susan Forney, President of the Board of The Ronald McDonald House, presented a special recognition to Nancy Neal, staff representative, and also presented a plaque to the City of Lubbock. Special recognition was given to City of Lubbock departments and their employees for service to the House through the meals program. (14.) Presentation of a special recognition to Jasper Sanders of the Lubbock Coalition for Literacy in honor of his receiving a "Lifetime Achievement Award." Mr. Sanders has been involved with the Lubbock Coalition for Literacy since its inception ten years ago, and has been an instrumental part in its development. Recently, the Lubbock Area Coalition for Literacy honored him with a "Lifetime Service Award" in recognition of his spirit of volunteerism and willingness to go the extra mile in helping those who cannot read. In addition to this, in 1992 Mr. Sanders was honored by the JC Penny Corporation with one of only four "Golden Rule" Awards that are presented to individuals who have made outstanding contributions to their communities. In 1995, Mr. Sanders was a finalist for the Governor's Awards for Outstanding Achievement in the Volunteer Community. A special recognition honoring the presentation of the Lifetime Achievement Award by the Lubbock Area Coalition was given to Jasper Sanders. Mr. Sanders spoke briefly upon receipt of the honor. (15.) Presentation of a special recognition to Craig Brumm ett representing the Lubbock County Bar Association and West Texas Legal Services in honor of "Pro Bono Awareness Week" in Lubbock. 57 City Council Meeting February 10, 2000 Page 58 Practicing attorneys and other legal professionals in the State of Texas are under the ethical responsibility to provide service for the public good and/or those who cannot afford legal assistance. The Lubbock County Bar Association and West Texas Legal Services wish to draw attention to and honor the commitment of these services that are provided by legal professionals as part of the profession's dedication to the community. As Councilmen Nelson and Hernandez are practicing attorneys, they participated in the recognition. A special recognition honorarium was given in recognition of February 14-18 as Pro Bono Awareness Week. (16.) Presentation of a special recognition to Dr. A.E. "Gene" Quest, Jr., for his dedication and service to Lubbock and its citizens, and in recognition of "Oh Lord, Look What Thou Hast Done," a song he has written to honor Lubbock. Dr. A.E. "Gene" Quest, Jr., longtime resident and businessman in Lubbock, has written a song for Lubbock to symbolize the aftereffects of the tornado of 1970 and the community spirit of Lubbock. Dr. Gerald Dolter of Texas Tech University was present to conduct the song performed by Texas Tech music students for the Lubbock City Council and public. A special recognition was given to Dr. A.E. "Gene" Quest, Jr., and his song, "Oh Lord, Look what Thou Hast Done," was performed at this time. (17.) Presentation of incentive awards to employees - the Legendary Service Star Award and incentive check for Cost Savings Suggestion. The Cost Savings Suggestion program awards 10 % of actual, verified savings to those employees who submit suggestions. In the course of discussion for renovating the pressboxes at the baseball fields at Mackenzie Park, Larry Thurne suggested he ks cre installing City almost o offset the cost of annual painting. T $40,000 by doing the renovations themselves rather than contracting out the job. For Larry's suggestion of metal siding, Parks saved a first -year, verified cost of $1,415.59 - the difference of the annualized cost of the siding over the annualized cost of painting. A Cost Savings Suggestion check for 10% of the savings, $141.55, was awarded to Larry Thurne, Parks Maintenance Foreman. The Legendary Service Star Award is recomlven for mended 27 exemplarycustomer for service. Fourteen nominations outstanding efforts. The Legendary Service Star Award goes to two employees of the Streets/Drainage EngineeringeDepartment inmn ended g by a citizen for prompt response and professionalism talli wheelchair curb ramps. Gold stars and Engineer, $ andd1nner David certificates were awarded to Rob Jetter, Civil g Engineering Inspector. Bob Cass, City Manager, presented the awards. City Council Meeting February 10, 2000 Page 59 CONSENT AGENDA (Items No. 1845, 4749) Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to approve Items 18-45 and 47-49 on consent agenda as recommended by staff, and to move Item 46 to Regular Agenda. Motion carried: 6 Yeas, 0 Nays. (18.) Approval of the Minutes of the January 13, 2000 Regular City Council Meeting. (19.) Ordinance No. 2000-00001 - adopting new guidelines and criteria with regard to tax and other incentives applicable to business enterprises in Lubbock's Enterprise Zones which are not applicable throughout the city; providing for a public hearing and providing an effective date (second and final hearing). ORDINANCE NO. 2000-00001 AN ORDINANCE ADOPTING NEW GUIDELINES AND CRITERIA WITH REGARD TO TAX AND OTHER INCENTIVES APPLICABLE TO BUSINESS ENTERPRISES IN LUBBOCK'S ENTERPRISE ZONES WHICH ARE NOT APPLICABLE THROUGHOUT THE CITY; PROVIDING FOR A PUBLIC HEARING AND PROVIDING AN EFFECTIVE DATE. (20.) Ordinance No. 2000-00002 establishing the date of the 2000 General Municipal Election of the City of Lubbock (first reading). ORDINANCE NO. 2000-00002 AN ORDINANCE ESTABLISHING THE DATE OF THE 2000 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AUTHORIZING THE MAYOR TO ORDER THE 2000 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK AND PROVIDING AN EFFECTIVE DATE. This ordinance establishes May 6, 2000 as the date of the 2000 General Municipal Election. The election will be for the purpose of filling the expired terms of the Mayor, Councilmembers from Districts 2, 4, and 6, and the Municipal Court Judge. The City Secretary recommended approval of this ordinance. (21.) Resolution No. 2000-R0024 approving amendments to the City of Lubbock Civil Service Commission rules and regulations as recommended by the City of Lubbock Civil Service Commission. RESOLUTION NO. 2000-R0024 WHEREAS, on February 3, 2000 and February 10, 2000 the Civil Service Commission of the City of Lubbock considered amendments to the City of Lubbock Civil Service Commission Rules and Regulations; and WHEREAS, the Civil Service Commission recommends the approval of the said amendments to the City Council; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to approve the amendments to City of Lubbock Civil Service Commission Rules and Regulations as recommended by the Civil Service Commission; NOW THEREFORE: 59 City Council Meeting February 10, 2000 Page 60 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the amendments to the City of Lubbock Civil Service Commission Rules and Regulations as recommended by the Civil Service Commission are hereby approved. Passed by the City Council this loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director Human Resources APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM The Attorney General in A.G. Op. DM-447, July 27, 1997, interprets Chapter 143 of the Local Government Code to not allow for the City Council approval of local Civil Service rules and regulations. The opinion states "A City may not, therefore, adopt an ordinance requiring city review or approval of commission rules as a condition of the rules becoming effective. " On September 24, 1998, the City Council approved Ordinance No. 10088, which amended Section 7-6(1) of the Code of Ordinances to delete a requirement that the City Council approve all amendments to local civil service rule. Unfortunately similar provisions in Sections 2- 216(1) and 2-216(2) were apparently overlooked resulting in conflicts between the chapters 2 and 7. On February 3, 2000 and February 10, 2000, the Civil Service Commission adopted amendments to the City of Lubbock Civil Service Commission Rules and Regulations and has recommended the adoption of same to the City Council. Due to the potential conflict between chapters 2 and 7 of the Code of Ordinances, the City Attorney's office and the Human Resources Department recommended the approval of the amendments to the City of Lubbock Civil Service Commission Rules and Regulations as recommended by the Civil Service Commission. The City Attorney and the Director of Human Resources recommended that the City Council approve the amendments to the City of Lubbock Civil Service Commission Rules and Regulations. City Council Meeting February 10, 2000 Page 61 (22.) Ordinance No. 2000-00003 changing Chapter 2, Article VH1, Sections 2-216(1) and 2-216(2) of the Code of Ordinances to eliminate the approval requirements of the Civil Service Commission's Local Rules (first reading). ORDINANCE NO.2000-00003 AN ORDINANCE AMENDING SUBSECTIONS 2-216(1) and 2-216(2) OF _ THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Attorney General in A.G. Op. DM-447, July 27, 1997, interprets Chapter 143 of the Local Government Code to not allow for the City Council approval of local Civil Service rules and regulations. The opinion states "A City may not, therefore, adopt an ordinance requiring city review or approval of commission rules as a condition of the rules becoming effective. " The ordinance changes are reflected as follows: Current Reading: 2-216(1) Rules and regulations as to conduct of business. After public hearing, to approve such rules and regulations for the proper conduct of its business as it shall find necessary and expedient. No rule or regulation or any amendment or repeal thereof shall be effective until approved by the City Council. Recommended Reading: 2-216(1) Rules and regulations as to conduct of business. After public hearing, to approve such rules and regulations for the proper conduct of its business as it shall find necessary and expedient. Current Reading: 2-216(2) Adoption, modification or rejection of classification and compensation plans. . After public hearing to adopt, modify or reject such classification and compensation plans for firemen and policemen, together with rules for their administration, as may be recommended by the director after a thorough survey of the personnel and departmental organization of the fire department and police department. No such plans or any amendments thereof shall be effective until adopted by ordinance of the City Council. Recommended Reading: 2-216(2) Adoption, modification or rejection of classification and compensation plans. After public hearing, to adopt, modify or reject such classification and compensation plans for firemen and policemen, together with rules for their administration, as may be recommended by the director after a thorough survey of the personnel and departmental organization of the fire department and police department. G'i City Council Meeting February 10, 2000 Page 62 The Director of Human Resources recommended that the ordinance be changed to reflect the interpretation of the Attorney General. (23.) Resolution No. 2000-R0025 authorizing the Mayor to execute a street -use license with Michael A. Brookes for a building encroachment (1601 Erskine Avenue). RESOLUTION NO. 2000-R0025 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License with associated documents with Michael A. Brookes for a building encroachment. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this tOth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Street Use License is filed with Resolution No. 2000-R0025. At the southwest corner of Avenue P and Erskine Avenue is the old Jack Fry Lumberyard Company office. This property is about to be sold and a new survey indicated that the office building encroaches into the west right-of-way of Avenue P in an area 4.50 feet by 72.50 feet. This street - use license will cover the area of Avenue P on which the building is built. This license will be for 20 years, payable every five years in advance. The minimum fee of $50 per year will be charged for this encroachment. The Right -of -Way Department recommended the approval of this street - use license. 62 City Council Meeting February 10, 2000 Page 63 (24.) Resolution No. 2000-R0026 authorizing the Mayor to execute an easement for an equipment station with Southwestern Bell Telephone Company (2901 Elgin). RESOLUTION NO. 2000-R0026 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 instrument entitled "Easement For Equipment Station" located in the Elgin Avenue Subdivision Addition to the City of Lubbock, Lubbock County, Texas unto Southwestern Bell Telephone Company. Said instrument 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 loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Easement is filed with Resolution No. 2000-R0026. This resolution grants Southwestern Bell an easement to install a telephone equipment control panel on a 20-foot by 20-foot tract of City property along the north side of Lot 1, Elgin Avenue Sub -Addition. This tract of City property was acquired several years ago for an LP&L substation at 29' Street and Elgin Avenue. Along the north side of this property is a 20-foot east -west alley and Southwestern Bell will install this equipment station adjacent to the east side of this alley. Southwestern Bell will pay the City $2,500 for this easement which is well within the market value of property in this area. The Right -of -Way Department recommended the approval of this easement with Southwestern Bell. 63 City Council Meeting February 10, 2000 Page 64 (25.) Resolution No. 2000-R0027 authorizing the Mayor to execute an easement for an equipment station with Southwestern Bell Telephone Company (3309 Milwaukee Avenue). RESOLUTION NO.2000-R0027 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 instrument entitled "Easement For Equipment Station" located in the West Side Addition to the City of Lubbock, Lubbock County, Texas unto Southwestern Bell Telephone Company. Said instrument 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 loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Easement is filed with Resolution No. 2000-R0027. This resolution grants Southwestern Bell an easement to install a telephone equipment control panel on a 20-foot by 23-foot tract of City property at the southeast corner of Lot 136, West Side Addition. The City purchased Lot 136 several years ago for the Milwaukee Avenue widening project and Southwestern Bell will place their equipment station on the southeast corner of the lot which is not needed for the widening project. Southwestern Bell will pay the City $2,500 for this easement which is well within the market value of property in this area. The Right -of -Way Department recommended the approval of this easement with Southwestern Bell. (26.) Resolution No. 2000-R0028 authorizing the Right -of -Way Department to make offers to seven property owners for two parcels of right-of-way for the East-West Freeway railroad relocation (north of 19'h Street, west of FM 179, south of 4'h Street). City Council Meeting February 10, 2000 Page 65 RESOLUTION NO.2000-R0028 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 the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate and permanent drainage easement to the following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT IRR 11 & 11E Maurice Huffaker A/K/A M. J. Huffaker, $164,900 Wayne Huffaker, John Huffaker, Gerald Huffaker, Roger Douglas Huffaker, Joyce Iva Huffaker A/K/A Joyce Huffaker A/K/A Iva Joyce Huffaker; and Lloydine E. Huffaker, Individually and as Independent Executrix of the Estate of Donald Huffaker, deceased and as Trustee of those certain Testamentary Trusts created under the Last Will and Testatmentary Trusts created under the Last Will and Testament of Donald Huffaker, deceased. SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcels of land being Maurice Huffaker A/K/A M.J. Huffaker, Wayne Huffaker, John Huffaker, Gerald Huffaker, Roger Douglas Huffaker, Joyce Iva Huffaker A/K/A Joyce Huffaker A/K/A Iva Joyce Huffaker; and Lloydine E. Huffaker, Individually and as Independent Executrix of the Estate of Donald Huffaker, deceased and as Trustee of those certain Testamentary Trusts created under the Last Will and Testament Of Donald Huffaker, deceased BE offered through the Right -of -Way Department of the City of Lubbock the amount of $164,900 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate and permanent drainage easement for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. 65 City Council Meeting February 10, 2000 Page 66 Passed by the City Council this loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of Exhibit "A" is filed with Resolution No. 2000-R0028. This item was placed on the November 11, 1999 City Council meeting for approval, but since that time one of the property owners passed away and this new resolution adds a new property owner. These two parcels of right-of-way are needed for the railroad route around West Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 1 RR 11 and 1 RR II(E) - Maurice Huffaker, a/k/a M.J. Huffaker, Wayne Huffaker, John Huffaker, Gerald Huffaker, Lloydine E. Huffaker, individually and as independent executrix of the Estate of Donald Lee Huffaker, Roger Douglas Huffaker, Joyce Iva Huffaker, a/k/a Joyce Huffaker, a/k/a Iva Joyce Huffaker. 1 RR 11 is a 13.04-acre fee simple taking and 1 RR 11 (E) is a 0.13-acre drainage easement. These two parcels were appraised by Tommy Cantrell and reviewed by Jimmy Goddard. These two parcels are located in the half -section of land north of 19' Street, west of FM 179 (Inler Avenue) and south of 4' Street. 1 RR 11, the 13.04-acre fee simple taking, was appraised for a total offer of $164,815, $27,405 was the value placed on the land and $137,410 was the value placed on the damages. 1 RR 11(E), the 0.13-acre drainage easement, was appraised for an offer of $85.00. Total offer to the Huffaker family for both parcels is $164,000. The resolution being presented before the City Council asks for approval of these offers to the property owners for the parcels. The resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire the properties. The Right -of -Way Department recommended the approval of our offers to these property owners. City Council Meeting February 10, 2000 Page 67 (27.) Resolution No. 2000-R0029 directing the City Engineer to prepare and file estimates and assessment rolls to pave a portion of 82" Street from Avenue U east to U.S. Highway 87 to be included in an assessment program. RESOLUTION NO. 2000-R0029 A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED ASSESSMENT PAVING IMPROVEMENTS ON A PORTION OF A STREET IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the government body of the City of Lubbock as heretofore ordered and provided for the improvement of portions of sundry streets, highways and avenues in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT 2386.001 WHEREAS, it is proposed property and the owners thereof improvements; NOW THEREFORE: STREETS AND AVENUES 82nd Street from Avenue U East to U.S. Highway 87 to make and levy assessments against abutting and others for a portion of the cost of such BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Engineer of the City BE and he is hereby directed to prepare and file with the City estimates showing the cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property, showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no way affect, invalidate or impair any assessment which may levied. SECTION 2. THAT such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the laws and charter currently in force for the City, and by the provisions of Subchapter D of Chapter 314 of the Texas Transportation Code. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. rot City Council Meeting February 10, 2000 Page 68 Passed by the City Council this loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM This is the fourth of five resolutions associated with an assessment paving program. The proposed paving improvements are as follows: 82°d Street from Avenue U east to U.S. Highway 87 This resolution directs the City Engineer to prepare assessment rolls to include affected property descriptions, owners and proposed assessment rates. Staff recommended approval of this resolution. (28.) Ordinance No. 2000-00004 amending Chapter 21 of the Code of Ordinances by adding a new article regarding flooding resulting from filling in playa lakes located within the extraterritorial limits of the City (first reading). ORDINANCE NO.2000-00004 AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE IV REGARDING FLOODING RESULTING FROM FILLING IN PLAYA LAKES LOCATED WITHIN THE EXTRATERRITORIAL LIMITS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Legislature of the State of Texas enacted House Bill No. 963 in the 76' session that permits the governing body of a home -rule municipality of more than 185,000 population to regulate the filling in of playa lakes within the extraterritorial jurisdiction of the municipality as a flood control measure. This ordinance will implement legislation at the local level by amending Chapter 21 of the Code of Ordinances. The ordinance will add a new article IV regarding flooding resulting from filling in playa lakes located within the extraterritorial limits of the City of Lubbock. It also provides a savings clause and for publication. City Council Meeting February 10, 2000 Page 69 Staff has met with several of the interested parties, primarily local farmers, about the legislation and has obtained their consent for the adoption of the ordinance. Staff recommended the approval of this ordinance. (29.) Resolution No. 2000-R0030 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and the Texas Department of Health, a contract to provide HIV counseling services for prevention and education, and related documents. RESOLUTION NO. 2000-R0030 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and the Texas Department of Health, a contract to provide HIV counseling services for prevention and education, 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 loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director of Health and Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Contract is filed with Resolution No. 2000-R0030. This contract with the Texas Department of Health comes before the City Council annually. The contract includes the collaborative efforts between the Health Department, South Plains AIDS Resource Center, Catholic Family Services, Lubbock Mental Health Mental Retardation Center, Texas Tech University, and the Lubbock County Community Correctional Facility to provide HIV education, prevention counseling and testing. Each agency has a unique role in providing these services to Lubbock residents. All agencies are needed to provide comprehensive, continuous care for persons at risk or who are diagnosed as HIV positive. The City Health Department provides testing and counseling City Council Meeting February 10, 2000 Page 70 services, both pre -test and post-test, with heavy emphasis placed on education and preventive measures. Prevention activities under the contract include quality assurance activities, referral activities, prevention counseling and partner elicitation (PCPE) as well as sexually transmitted disease (STD) screening and referral for diagnosis and treatment. Strategies to accomplish the projects will demonstrate cost-effectiveness, innovation, coordination, and collaboration with other community efforts. The total contract amount is $45,000, which covers salary and fringe benefits for one FTE, travel, supplies, equipment, and $1,401 for indirect (administrative) costs. Without the Texas Department of Health contract, the City of Lubbock Health Department would not be able to fulfill a segment of the prevention aspect of the Core Missions of Public Health. Therefore, staff recommended approval of this resolution. (30.) Resolution No. 2000-R0031 authorizing the Mayor to direct and execute on behalf of the City of Lubbock an interlocal agreement for professional services for epidemiological surveillance and consultation, and any associated documents, by and between the City of Lubbock and the Texas Tech University Health Sciences Center. RESOLUTION NO.2000-R0031 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 on behalf of the City of Lubbock an Interlocal Agreement for Professional Services for epidemiological surveillance and consultation (Agreement No. ALMW96124/2), and any associated documents, by and between the City of Lubbock and the Texas Tech University Health Sciences Center, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Public Health Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Is/ MAX L. INCE MAX L. INCE MAYOR PRO TEM 70 City Council Meeting February 10, 2000 Page 71 A copy of the Interlocal Agreement is filed with Resolution No. 2000-RO031. This interlocal agreement (ALMW96124/2) with Texas Tech University Health Sciences Center (TTUHSC) provides the Health Department with professional surveillance and epidemiology consultation services for the next two years. Our past agreement with TTUHSC, in effect since 1997, expired September 30, 1999. Services to be provided and the contract amount of $400 per month for 10 hours of service remain the same as approved by Council in 1997. Services rendered in excess of 10 hours per month will be paid at $35 per hour, not to exceed $15,000 for each year of this contract. The consultant will assist in identifying what data is significant in determining the health and illness status of the citizens of Lubbock, review data collected for accuracy and completeness, provide consultation in preventing disease outbreaks and/or minimizing disease spread, report to the Board of Health and City Council as required, and develop new insights and innovative solutions to health problems through conduct of or participation in public health research. This agreement supports the Health Department Mission Statement to "prevent epidemics and the spread of disease" as well as the essential public health services. Therefore, staff recommended approval of the resolution. (31.) Resolution No. 2000-R0032 authorizing the City Council of the City of Lubbock to approve and ratify a grant application and grant contract submitted by the City Health Department to the Lubbock Area Affiliate of the Susan G. Komen Breast Cancer Foundation for the provision of breast cancer education for women throughout Lubbock during 2000. RESOLUTION NO. 2000-R0032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves and ratifies a grant application and grant contract submitted by the City Health Department to the Lubbock Area Affiliate of the Susan G. Komen Breast Cancer Foundation for the provision of breast cancer education for women throughout Lubbock during 2000. A copy of grant contract and associated documents are attached hereto and made a part of this Resolution as if fully copied herein in detail. 71 City Council Meeting February 10, 2000 Page 72 Passed by the City Council this loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden Public Health Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Grant Contract is filed with Resolution No. 2000-R0032. This contract with the Lubbock Area Affiliate of the Susan G. Komen Breast Cancer Foundation is a continuation of a breast cancer grant awarded to the City of Lubbock's Health Education Team of the City Health Department for the second year. The contract amount is for $9,180. The Health Department's Health Education Team will provide breast cancer education to all women throughout Lubbock in the year 2000. Breast cancer will strike 11,300 women in the State of Texas this year and another 2,800 will die in Texas from breast cancer. The money will help fund the City of Lubbock's Chain of Prevention Campaign that targets all women, especially those women who are medically underserved. It is estimated that this program will reach over 15,000 women in Lubbock through mail -outs, presentations, billboards, and door-to-door education in the year 2000. Administrative costs are absorbed by existing staff. Without the breast cancer grant, Health Education and the Health Department would not be able to fund the Chain of Prevention Campaign that targets women throughout the Lubbock area. Therefore, staff recommended approval of this resolution. (32.) Resolution No. 2000-R0033 authorizing the Mayor to execute an agreement renewing Child Advocacy Research and Education (C.A.R.E.) Center contract for one year. 72 City Council Meeting February 10, 2000 Page 73 RESOLUTION NO.2000-R0033 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 Services in Investigations of Child Abuse by and between the City of Lubbock and the C.A.R.E. Center of Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics, 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 loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken Walker Ken Walker, Chief of Police APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Agreement is filed with Resolution No. 2000-R0033. The City of Lubbock (City) and the Lubbock Police Department (LPD) has contracted with Texas Tech University Health Sciences Center School of Medicine, Department of Pediatrics Child Advocacy Research and Education (C.A.R.E.) Center for specialized forensic evaluation examinations. This special evaluation includes medical examinations, case review, consultation, professional training, and any other needed service for the investigation of a child abuse case referred to C.A.R.E. by the LPD. All suspected cases are referred for evaluation. The terms of the agreement are as follows: Compensation: 1. The C.A.R.E. Center will be paid a fee of $450 per examination. This fee will be accessed to LPD referred cases only. 2. In the event additional services are required to adequately evaluate a referred case for forensic purposes, the additional service(s) will be authorized by the Chief of Police prior to the performance of the service(s). 73 City Council Meeting February 10, 2000 Page 74 3. In no event shall the fee for a referred case, in which C.A.R.E. is compensated, exceed $450 without prior authorization — nor shall a monthly fee be assessed for periods where no referrals are made. Services Provided: 1. The C.A.R.E. Center will provide forensic evaluations for hospital inpatients and outpatients, which shall include a medical examination, consultation with LPD investigators, written report(s), and expert witness testimony necessary for the successful prosecution of child abuse cases. 2. Other consultative service(s) as needed in investigation of child abuse cases, including expert information to support arrests. Other Provisions: 1. The City shall compensate the C.A.R.E. Center for LPD referred cases only and solely for services enumerated in the "Services Provided" clause. 2. C.A.R.E. Center shall submit a detailed quarterly report to the City Council showing the numbers and types of cases that the C.A.R.E. Center has processed during the previous quarter. 3. This contract may be renewed annually. 4. This contract also includes liability and confidentiality clauses. For the contract period of October 1998 to October 1999, 47 cases were referred to the C.A.R.E. Center. All 47 referred cases resulted in a forensic evaluation. In addition to these services, the C.A.R.E. Center personnel provided consultations and courtroom testimony at a total cost of $37,100. For this same contract period the City compensated C.A.R.E. $5,800 for two months where no evaluations or services were provided. The previous contract period for 1997-98, nine cases were referred to C.A.R.E. for forensic evaluation. During this 12-month period, seven months were compensated, totaling $20,300, where no services were provided. Considering the number of examinations performed during the past two years from LPD referrals, staff feel the current cost of this contract is excessive. Due to this view, staff structured this contract to limit the cost for the forensic examination and stop any monthly fee of $2,900 for those periods where C.A.R.E. Center services are NOT provided. The Lubbock Police Department is lawfully charged with the investigation of possible incidents of physical and sexual child abuse. The C.A.R.E. Center provides the City of Lubbock with a specialized service in forensic evaluations of suspected child abuse. Due to these factors, the staff strongly recommended the C.A.R.E. Center contract renewal. 74 City Council Meeting February 10, 2000 Page 75 (33.) Resolution No. 2000-R0034 authorizing the City Manager to approve a joint application with the City of Lamesa, Lubbock County and Gaines County for a state administered federally funded grant for the continuation of the South Plains Regional Narcotics Task Force. RESOLUTION NO. 2000-R0034 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 a joint application with Lubbock County, Gaines County and the City of Lamesa, Texas, for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division, for State and federal assistance for operation of the South Plains Regional Narcotics Task Force to combat narcotics and illegal substances trafficking. The City Council hereby agrees to a cash match of $149, 217.00, from the City of Lubbock to fund 25 % of the Project, as required by the State of Texas in order to be eligible to receive such State and federal assistance; and, THAT in the event of loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, provided pursuant to said joint application for grant funding, this Council assures that the funds will be returned to the Criminal Justice Division. Passed by the City Council this loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T.Saluri, Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM The grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 300,000 people located in 14 counties. Narcotic trafficking on the South Plains should be considered multi jurisdictional with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional program requiring regional coordination. 75 City Council Meeting February 10, 2000 Page 76 The citizens of the 14 county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the 14 county region. Further, the task force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, County and City law enforcement agencies. The unit would also lend investigative support to local jurisdictions. The grant application is to be received by the Governor's Office, Criminal Justice Division, no later than 5 p.m. January 17, 2000. A copy of the grant application has already been provided to the Criminal Justice Division in order to meet this deadline. Awards for the grant have been set for June 1, 2000. The total request for funding is $596,864 with the City's contribution being $149,217. This is the required 25 % match for the total grant and will come from our seized asset funds. To assure compliance with the requirements of the program, each participating agency must sign an interlocal cooperation agreement with the City of Lubbock. The Police Department recommended approval of this resolution. (34.) Resolution No. 2000-R0035 authorizing the Mayor of the City of Lubbock to execute an interagency agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and the City of Lamesa, Texas. RESOLUTION NO.2000-R0035 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and the City of Lamesa, Texas, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. City Council Meeting February 10, 2000 Page 77 Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Interagency Agreement is filed with Resolution No. 2000-R0035. (35.) Resolution No. 2000-R0036 authorizing the Mayor of the City of Lubbock to execute an interagency agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and Lubbock County, Texas. RESOLUTION NO.2000-R0036 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and Lubbock County, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. 77 City Council Meeting February 10, 2000 Page 78 Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T.Saluri Dan T. Saluri, Assistant City Attorney A copy of the Interagency Agreement is filed with Resolution No. 2000-R0036. (36.) Resolution No. 2000-R0037 authorizing the Mayor of the City of Lubbock to execute an interagency agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and Gaines County, Texas. RESOLUTION NO. 2000-R0037 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and Gaines County, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. ff:3 City Council Meeting February 10, 2000 Page 79 Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Interagency Agreement is filed with Resolution No. 2000-R0037. These interagency agreements are being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Texas Narcotics Control Program Grant, one requirement is that each participating agency enter into an interagency agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of these agreements will also allow City of Lubbock police officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi jurisdictional. The Police Department recommended approval of these resolutions. (37.) Resolution No. 2000-R0038 authorizing acceptance of water and sanitary sewer improvements for the Meadows South Addition, Lots 73-154 to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO.2000-R0038 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 73 - 154, MEADOWS SOUTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 73 - 154, Meadows South Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and 79 City Council Meeting February 10, 2000 Page 80 WHEREAS, the total utility cost to the developer is $ 152,514.60 with the improvements constructed by Rhode Construction Company having a value of $ 117,384.20 as determined by the unit prices established by said Chapter 28, and $ 35,130.67 cash paid to the City, which amount includes $ 11,030.04 cash for adjacent lines, with Lubbock Meadows South, Joint Venture the developer, to receive a refund of $ 40,675.02 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $ -0- and WHEREAS, the construction of the said water and sanitary 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 $ 40,675.02 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $ -0-. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $152,514.60 and has a value of $117,384.20 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 $35,130.67 that includes $11,030.04 for adjacent mains. The developer, Meadows South, Joint Venture of Lubbock, will receive a refund of $40,675.02 in accordance with Chapter 28. There is no refund of deposit. E:111 City Council Meeting February 10, 2000 Page 81 The subdivision is located at 100th Street and Chicago Avenue. Staff recommended acceptance of the improvements. (38.) Resolution No. 2000-R0039 authorizing the Mayor to execute Amendment No. 1 to the agreement between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for engineering services for water and sewer improvements at Lubbock International Airport. RESOLUTION NO.2000-R0039 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and Parkhill, Smith and Cooper, Inc., an Amendment No. 1, for Engineering Services for Water and Sewer Improvements at Lubbock International Airport, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Amendment is filed with Resolution No. 2000-R0039. Last year, the City received an EDA grant to fund water and sewer improvements at Lubbock International Airport as a part of the Interport Trade Center project. Parkhill, Smith and Cooper (PSC) was selected to provide engineering services for the project, and has now completed its preliminary design report. Based on the recommendations in the report, staff has chosen a design alternative and is now ready to authorize PSC to proceed with final design. This agenda item involves amendment of PSC's engineering contract to include additional survey work that is necessary for the completion of the design process. City Council Meeting February 10, 2000 Page 82 The amendment authorizes compensation for the survey work under the "Additional Services" provision of the agreement. The increase is an amount "not to exceed" $7,500, increasing the overall additional services from $17,600 to a "not to exceed" amount of $25,100. The total budget for this project is $1,050,000 ($500,000 EDA grant + $550,000 local match from the airport fund). A budget increase will not be required for this amendment. Budget refinements since the outset of the project will allow us to fund the increased engineering costs out of existing project funds. The Airport Board has reviewed this item and recommended approval. Staff also recommended approval. (39.) Resolution No. 2000-R0040 authorizing the Mayor to execute an assignment to transfer and assign to GPG Acquisitions Corporation the tax abatement agreement dated March 10, 1994 between the City of Lubbock and Gary Products Group and subsequently assigned to Industrial Molding Corporation on January 26, 1995. RESOLUTION NO.2000-R0040 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 Assignment to transfer and assign to GPG Acquisitions Corp that certain tax abatement agreement dated March 10, 1994 by and between the City of Lubbock and Gary Products Group, Inc. and subsequently assigned to Industrial Molding Corporation on January 26, 1995, attached hereto; which Assignment 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 loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 82 City Council Meeting February 10, 2000 Page 83 A copy of the Assignment is filed with Resolution No. 2000-R0040. On March 10, 1994, the City Council approved a tax abatement for the construction of the new Gary Products facility located in the South Enterprise Zone. Then, in 1995, Gary Products became a part of Industrial Molding Corporation and the City Council subsequently assigned the tax abatement agreement to Industrial Molding. At this time, Gary Products Group is requesting that the City Council authorize an assignment of the tax abatement agreement to GPG Acquisitions Corporation. Industrial Molding Corporation was bought by NN Ball in July, 1999. Gary Products was not included in the sale and has been split off again as a stand-alone company. The Tax Abatement Guidelines allow for an assignment of the tax abatement contract. The City's Legal Department has reviewed this request and sees no problem with the assignment. Staff recommended approval of the resolution authorizing the Mayor to execute an assignment to GPG Acquisition Corporation. (40.) Resolution No. 2000-R0041 authorizing the Mayor to execute an assignment to transfer and assign to GPG Acquisitions Corporation the tax abatement agreement dated March 9, 1995 between the City of Lubbock and Industrial Molding Corporation. RESOLUTION NO.2000-R0041 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 Assignment to transfer and assign to GPG Acquisitions Corp that certain tax abatement agreement dated March 9, 1995 by and between the City of Lubbock and Industrial Molding Corporation, attached hereto; which Assignment 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. City Council Meeting February 10, 2000 Page 84 Passed by the City Council this 10th day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Assignment is filed with Resolution No. 2000-R0041. On March 9, 1995, the City Council approved a tax abatement contract with Industrial Molding Corporation for the expansion of the Gary Products facility located in the South Enterprise Zone. At this time, Gary Products Group is requesting that the City Council authorize an assignment of the tax abatement agreement to GPG Acquisitions Corporation. Industrial Molding Corporation was bought by NN Ball in July, 1999. Gary Products was not included in the sale and has been split off again as a stand-alone company. The Tax Abatement Guidelines allow for an assignment of the tax abatement contract. The City's Legal Department has reviewed this request and sees no problem with the assignment. Staff recommended approval of the resolution authorizing the Mayor to execute an assignment to GPG Acquisition Corporation. (41.) Consider the price and condition of sale of Parcel Number 770104-7 at 702 3rd Place in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Kenneth W. Wright for $3,001 for a parking lot. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on September 21, 1999. The Community Development staff recommended approval of the sale. (42•) Consider the price and condition of sale of Parcel Number 93440-36- 160 at 2319 Elm Avenue in the Chatman Hill Area. EY! City Council Meeting February 10, 2000 Page 85 This a routine sale of property by the Urban Renewal Agency to Robbie T. McGrew for $750 for adding onto an adjoining existing yard at 2317 Elm for a playground and recreation. The proposed sale was approved by the Urban Renewal Board of Commissioners on December 14, 1999. The Community Development staff recommended approval of the sale. (43.) Consider ratification of the reappointment of Debra Shepherd to the Civil Service Commission. Debra Shepherd is very knowledgeable of the rules and regulations of Chapter 143 of the Local Government Code, having served as the Civil Service Chairperson since March 27, 1997. Her current term will expire on March 27, 2000. Civil Service Commissioners are allowed to serve three terms and Ms. Shepherd has only served one term. Commission members ratify rules and standards applicable to classified civil service positions in the Fire and Police departments and the enforcement and effect of the Civil Service statutes. Members are appointed by the City Manager as per Texas Local Government Code 143.006, and ratified by the governing body. The term for these appointments is three years and the meetings are held as needed. There are three members of the Commission as required by law and the Director of the Commission is Mary Andrews. Staff recommended that Council ratify the City Manager's reappointment to this position. (44.) Resolution No. 2000-R0042 authorizing the Mayor to execute Change Order #3 in the amount of $37,112 for Lubbock Fire Department new administration complex. RESOLUTION NO. 2000-R0042 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and David Wood Construction Company, a Change Order No. Three (3) to provide a sprinkler system in the vehicle maintenance building of Fire Station # 2 Complex, and related documents. Said Change Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. City Council Meeting February 10, 2000 Page 86 Passed by the City Council this loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Gary Smith, Facilities Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Change Order is filed with Resolution No. 2000-R0042. This project provides for the construction of a group of facilities at MLK Boulevard and Ursuline housing various Fire Department functions. The City entered into a contract with David Wood Construction Company on November 12, 1998 to provide construction services. The original contract amount was $4,587,900. Previously approved change orders provided for changes to the construction works valued at $15,951. The project's construction budget is $5,830,708. Change Order #3 will provide for the installation of a fire sprinkler system throughout the Vehicle Maintenance Building and will include the areas occupied by the Supply Department and Vehicle Storage. Only the Vehicle Maintenance area is required by minimum code standards to have a sprinkler system. However, staff determined that due to the type of equipment and activities stored and taking place in the previously mentioned adjoining spaces, it was important to protect the entire facility. Change orders require Council approval if they exceed 25 % of the original contract or exceed $25,000. This change order along with previous change orders will amount to an aggregate increase of 1.15 % over the original contract amount, however, the dollar amount is $37,112. After reviewing the contractor's proposal, the Fire Department, Facilities Management, and the architect, PSC, feel that the charges are reasonable and justifiable. Facilities Management recommended the award of this contract change order. (45.) Resolution No. 2000-R0043 authorizing the Mayor to execute Change Order #1 and Change Order #2 for the purchase of three additional twelve -passenger vans and one additional four -door sedan with Philpott Ford of Nederland, Texas. City Council Meeting February 10, 2000 Page 87 RESOLUTION NO. 2000-R0043 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 with Philpott Ford, Change Order No. 1 and Change Order No. 2, to Bid No. 99222 to furnish additional vehicles. Said change orders are 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 10th day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contract Manager /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Change Orders are filed with Resolution No. 2000-R0043. On November 4, 1999 City Council awarded Bid #99222 and authorized the purchase of automobiles and light duty trucks at a total cost of $575,928 from Philpott Ford of Nederland, Texas. Change Order #1 is for the purchase of two additional 12-passenger vans per Spec 404 for Parks and Recreation at a total cost of $40,182. These vans will provide transportation for senior citizens to special events offered by the City. Change order #2 is for the purchase of one additional 12-passenger van per Spec 404 for Citibus at a cost of $20,091 and one additional four - door sedan for Citibus per Spec 201 at a cost of $20,526. The van will be used for vanpool service to Reese Center and funded by 80 % federal funds and 20% local funds from Texas Tech University. The four -door sedan will be a replacement vehicle that serves the paratransit operations and paid for with Citibus funds. The total amount for both change orders is $80,799 (14 % of the original order) and is within the budgeted amount. Staff recommended the approval of the change orders. (46.) Bid #99286 - Off Road Equipment (Fleet Services). This item was moved from consent agenda to regular agenda and was considered following Item 49. City Council Meeting February 10, 2000 Page 88 This bid is for the purchase of a landfill compactor used to compact trash at the West Texas Region Disposal Facility. In an effort to achieve the goals of the Solid Waste Department's business plan for the new landfill, staff determined that greater density needs to be achieved by the next compactor staff purchase. An equipment specification for a heavier machine with narrower wheels was developed to achieve greater density and meet our financial performance goals necessary to maintain the current disposal rate. This purchase will provide the Solid Waste Department with a machine that is intended to yield higher compacted density of waste than machines currently in use at the landfill. Increasing landfill density allows more waste to be disposed in each landfill cell. This can reduce several disposal cost components over the life of the landfill cell, defer capital expenditures for new cell construction, and increase the revenue generated by the cell's capacity. The low bid is $367,321 from Al -Jon, Inc. of Ottumwa, Iowa and is within the Capital Outlay -Heavy Moveable Equipment budget amount. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 50. (47.) Bid #99299 - Stripping & Cleaning Brick Floors at Lubbock International Airport -Annual Pricing (Aviation). This bid provides for annual stripping of 35,000 square feet of brick - flooring and weekly cleaning and maintenance of 25-30,000 square feet of brick flooring at Lubbock International Airport. This agreement should result in a more concentrated emphasis on floor cleaning and enhance the appearance and image of the terminal building. The initial term of this agreement is one year with options to extend annually up to two additional years. The low bid is $52,680 from Industrial Maintenance & Supply of Wolfforth, Texas and is within the Professional Services budget amount. (48.) Resolution No. 2000-R0044/Bid #99309 - Owen Street Paving Improvements (Street Drainage Engineering). RESOLUTION NO.2000-R0044 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 Owen Street Paving Improvements, by and between the City of Lubbock and Midwest Concrete 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. City Council Meeting February 10, 2000 Page 89 Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is an LP&L Economic Enhancement project to provide paving improvements for the National Grain Sorghum Producers. This project involves the construction of a 36-foot wide street in the existing right-of- way from the intersection of Interstate 27 and Owen Street 589 feet west. This project will provide paved all-weather access to two new businesses. The low bid is $33,240 from Midwest Concrete Inc. of Lubbock, Texas and is within the Street System Improvements - Construction Phase budget amount. (49.) Resolution No. 2000-R0045/Bid #99314 - Citibus Parking Lot Expansion (Citibus). RESOLUTION NO. 2000-R0045 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 Citibus Parking Lot Expansion, by and between the City of Lubbock and Allen Butler Construction 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. .0 City Council Meeting February 10, 2000 Page 90 Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of February, 2000, 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 Allen Butler Construction, Inc., of the City of Ransom Canyon, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99314 - CITIBUS PARKING LOT EXPANSION - $430,783.90 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. .0 City Council Meeting February 10, 2000 Page 91 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. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Kaythie Darnell MAYOR Secretary APPROVED AS TO CONTENT: /s/ John Wilson CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Maralyn Butler Allen Butler Construction, Inc. Bv: /s/ Allen Butler PRINTED NAME: Allen Butler TITLE: President COMPLETE ADDRESS: Allen Butler Construction, Inc. #24 S. Lakeshore Drive Ransom Canyon, Texas 79366 This project involves expanding the parking lot at the block bounded by Buddy Holly Avenue and 8' Street and Texas Avenue and 7' Street. The parking lot will provide parking for all revenue vehicles and provide limited employee parking. A larger parking lot should help improve parking conditions, increase efficiencies of operation, and help improve public relations with area businesses. The low bid is $396,557.15 from Allen Butler Construction of Ransom Canyon, Texas. Citibus will fund $79,311.43 (20%) and the Federal Transit Authority will fund $317,245.72 (80%). Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA PUBLIC HEARINGS (50.) Ordinance No. 2000-00005 - Zone Case No. 2872 (southwest corner of 98'b Street and Frankford): Hold a public hearing to consider request of The Springs UMC for a zoning change from T to A-2 limited to church and church related uses on 15 acres of land out of the northeast quarter of Section 21, Block AK. ORDINANCE NO.2000-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2872; A ZONING CHANGE FROM T TO A-2 ZONING ON 15 ACRES OF LAND OUT OF THE NORTHEAST QUARTER OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. L] City Council Meeting February 10, 2000 Page 92 Mayor Pro Tem Ince opened the public hearing at 11:25 a.m. John Rantz appeared on behalf of The Springs UMC. No one appeared in opposition. Mayor Pro Tem Ince closed the hearing at 11:26 a.m. A request for a parcel of C-3 zoning was withdrawn from this discussion. The entire tract is requested as A-2 limited to church and church related uses. Adjacent land uses: North - vacant, zoned commercial South - vacant, zoned R-1 East - commercial and church zoning West - residential While the Comprehensive Plan indicates a policy for ten acres of commercial at the corner of 98'h and Frankford, the zoning for a church campus on the larger tract is certainly consistent with the principles of the Plan. The request is consistent with zoning policy and should have little or no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to a church and church related uses. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000-00005 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (51.) Hold a public hearing to consider the Community Development Service Board's recommendation for funding programs from the 2000 Community Services Block Grant provided by the state. Mayor Pro Tem Ince opened the public hearing at 11:27 a.m. Nancy Haney, Manager of Community Development, presented staff comments. No one appeared in opposition. Mayor Pro Tem Ince closed the hearing at 11:31 a.m. This is a state allocation the City receives each year. This year staff will receive $312,233. This is a 5.7 % increase over FY 1999 funding. The FY 1999 contracts were written to allow for a one-year renewal. The Board reviewed the performance from 1999, and decided to recommended renewal of all contracts, with the exception of LEAD who had cancelled their contract during 1999. The following is an outline of the agencies and activities being recommended for funding. Grantee: Catholic Family Services Program: Self-sufficiency promoting people out of poverty. FundingSource: ource: 2000 Community Services Block Grant Use of Funds: These funds will be used to provide assistance to single parents to become self-sufficient. Assistance includes education, training, daycare, and other needs to allow them to obtain the skills needed to transition out of poverty. Eighty families will benefit, with 140 persons transitioning out of poverty. 92 City Council Meeting February 10, 2000 Page 93 Amount: $165,053.13 Grantee : Contact Lubbock Pro ram: Information and Referral Funding Source: 2000 Community Services Block Grant Use of Funds: These funds will be used to provide a telephone referral line for people needing assistance, as well as the red book for other agencies to use as a guide. An estimated 14,000 calls will be received. Amount: $50,000 (with $445.54 remaining to be spent in FY 1999 funds.) Grantee : Acteen Program: Education on peer pressure and other problems faced by youth. Fundin Sg ource: 2000 Community Services Block Grant Use of Funds: These funds will be used to pay for a director and supplies to go to schools and provide education on current topics by using students to act out different scenarios. Thirty performances will be given. Amount: $27,900 (with $2,823.01 remaining to be spent in FY 1999 funds.) Grantee : Lubbock Boys and Girls Club Pro ram: Transportation Funding Source: 2000 Community Services Block Grant Use of Funds: Transportation for students from a designated location to the Club, and then home if parents could not pick them up. This program is targeting the Harwell, Me children anhattan nhopportunity fome Housing s fe Authority locations. This allows recreational, as well as educational, program while waiting for parents to come home. Transportation of 200 children. Amount: $10,000 (with $10,622.33 remaining to be spent in FY 1999 funds.) Grantee: Community Development Proms: Administration of grants Funding Source: 2000 Community Services Block Grant supplies, professional Use of Funds: Funds will cover personnel, services, and other operating costs. Amount: $62,669 Community Development recommended the approval of these recommendations from the Board. 93 City Council Meeting February 10, 2000 Page 94 The next items considered were Items 54-57. 11:31 A. M. RECESSED FROM REGULAR CITY COUNCIL MEETING 11:31 A.M. CONVENED AS REGULATORY AUTHORITY (52.) Reopen the public hearing on the August 4, 1999, Statement of Intent to change gas rates in Lubbock filed by Energas Company. Mayor Pro Tem Ince opened the public hearing at 11:32 a.m. Richard Burdine, Assistant City Manager, presented staff comments. Mike] Ward appeared and spoke against the Statement of Intent. Mayor Pro Tem Ince closed the hearing at 11:34 a.m. (53.) Take appropriate action by Order and Resolution as a Regulatory Authority with regard to the Statement of Intent to change gas rates in Lubbock filed by Energas Company August 4, 1999. RESOLUTION NO.2000-R0045A AND ORDER WHEREAS, a Statement of Intent to increase rates within the City of Lubbock was filed August 4, 1999, with the City Secretary of the City of Lubbock by Energas Company; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under Sec. 103.001 of the Utilities Code has conducted a public hearing to inquire into whether such proposed gas rate change is fair, just and reasonable; and WHEREAS, the City Council has received extensive evidence with regard to said rate change request from Energas Company, Diversified Utility Consultants, Inc., of Austin, Texas, and City of Lubbock staff; and WHEREAS, it is the opinion of the City Council of the City of Lubbock that no rate increase should be allowed for the sale of natural gas and natural gas service by Energas at the present time and that the requested rate would not be fair, just and reasonable; NOW THEREFORE: BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, sitting as a regulatory authority pursuant to Chapter 103 of the Utilities Code, at a public hearing called for such purpose, hereby denies and refuses to grant the rate increase for the City of Lubbock as proposed by Energas Company in a Statement of Intent to Change Gas Rates filed with the City of Lubbock on August 4, 1999. SECTION 2. THAT the City Council of the City of Lubbock, based on the evidence submitted by Diversified Utility Consultants, Inc., whose final report is attached hereto as Exhibit A and made a part of this Order and Resolution for all purposes, and evidence submitted by Energas Company and by City staff has determined that no increase in rates is justified at the present time and that the pro osed rates would not be fair, just and reasonable. p SECTION 3. THAT the gas utility is hereby ordered and directed to reimburse the City of Lubbock for the reasonable cost of rate consultants, attorneys, accountants auditors, attorneys and engineers engaged by the City of Lubbock in connection with the conduct of this ratemaking proceeding. IS City Council Meeting February 10, 2000 Page 95 SECTION 4. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to give Energas Company immediate written notice of this Order and Resolution by serving a copy of this Resolution and Order upon them at their business office located in the City of Lubbock. RESOLVED AND ORDERED by the City Council this 10' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On August 4, 1999, Energas Company filed a request to increase rates in their West Texas service area. Representatives of cities within the Energas service area met in Lubbock on August 9, 1999, to discuss a course of action. The cities appointed a Steering Committee to evaluate the case and make a recommendation. The Steering Committee employed rate consultants, Diversified Utility Consultants, Inc. of Austin, Texas (DUCI) to evaluate Energas' request. On October 29, 1999, DUCI issued a Summary of Findings and Conclusions Regarding the Energas West Texas Statement of Intent to Increase Rates and subsequently confirmed their findings by memorandum dated January 3, 2000 (both documents are attached as Exhibit A of the enclosed Order and Resolution). DUCI recommended that no increase be granted to Energas and suggested that the cities could pursue a rate decrease based on the information provided. After five meetings between the Steering Committee and Energas representatives it was evident that a mutually agreeable settlement could not be reached. Therefore the Steering Committee unanimously recommended that cities in Energas' West Texas service area reject the proposed rate increase. Last Friday representatives from 18 cities met in Lubbock to discuss the case. A "straw poll"indicated an overwhelming majority favored rejection of the rate increase. The Steering Committee sent an Energas Rate Case Summary (attachment A) to all 67 cities in the Energas West Texas territory urging their rejection of Energas' request. 95 City Council Meeting February 10, 2000 Page 96 Once the cities reject the request, Energas will file an appeal with the Railroad Commission of Texas (RCT). Energas will update their figures, allowing for the six months since their initial request of August 4, 1999. The Steering Committee will have DUCI analyze Energas' request and use that information, along with advice of legal counsel, to formulate our position before the RCT. Staff recommended that the City Council reopen the public hearing, offer Energas and City representatives an opportunity to speak, receive any citizen comments and close the hearing. Staff recommended that the City Council approve the attached Order and Resolution denying the rate increase request of Energas. ENERGAS Rate Case Summary (Attachment A) August 4, 1999 Energas filed for a $9,838,725 annual increase in rates. This represents an 8.40 % increase in total revenue or a 22.27 % increase in the base rates (total revenues less gas costs) which are at issue before the cities. The cities Steering Committee retained Diversified Utility Consultants, Inc. (DUCI) to review Energas' request. After a review of the filing and additional information provided by Energas, DUCI presented their findings. They determined that a $7,126,579 rate reduction was warranted. This represents a 6.1 % reduction in average total revenues, or a 16.1 % decrease in base rates. The annual difference between Energas' request and DUCI's report is $16,965,305. The Steering Committee has met with Energas on at least 4 occasions in an effort to narrow the differences. While both sides made concessions during this process, the settlement efforts were not successful. What is different in this Rate Case from the last Rate Case? • Interest rates have declined. • Energas has significantly reduced its workforce. • Energas' parent company has increased its overall size, which should result in lower operating costs being allocated to Energas, etc. Amarillo recently settled their case with Energas. What is the difference? • When the West Texas cities settled with Energas in 1996, the Amarillo system saw no increase. %xas Amarillo's new rates are still lower in most categories than West current rates. Examples of the impact of the proposed Energas rate increase on Residential Base Rates. a City Council Meeting February 10, 2000 Page 97 Residential* West Texas West Texas Current Monthly Proposed Monthly Difference Mcf Base Bill Base Bill $ % 0 $ 6.50 $ 9.00 $ 2.50 38.46 % 6 $12.90 $16.26 $ 3.35 26.01 % 10 $17.06 $20.68 $ 3.61 21.19 % 20 $27.16 $31.10 $ 3.94 14.51 % 30 $37.26 $40.52 $ 3.26 8.76 % 50 $57.46 $58.62 $ 1.16 2.03 % Examples of the impact of the proposed Energas rate increase on Commercial Base Rates. Commercial* West Texas West Texas Current Monthly Proposed Monthly Difference Mcf Base Bill Base Bill $ % 0 $ 6.50 $ 13.00 $ 6.50 100.00 % 10 $ 17.06 $ 24.80 $ 7.74 45.37 % 20 $ 27.16 $ 35.60 $ 8.44 31.08 % 30 $ 37.26 $ 46.40 $ 9.14 24.53 % 50 $ 57.46 $ 66.50 $ 9.04 15.73 % 100 $106.96 $111.50 $ 4.54 4.24 % As you can tell from the examples above, the proposed Energas rate request has a larger impact on smaller gas consumers. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 2000-R0045A (rejecting the request of Energas for a rate increase) as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 11:35 A.M. ADJOURNED AS REGULATORY AUTHORITY 11:35 A.M. RECONVENED REGULAR CITY COUNCIL MEETING The next item to be considered was Item 58. HEALTH AND COMMUNITY SERVICES (53.) Resolution No. 2000-R0046 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract extension and all related documents between the City of Lubbock and Catholic Family Services, Inc. from the Community Services Block Grant. 97 City Council Meeting February 10, 2000 Page 98 RESOLUTION NO.2000-R0046 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to Community Service Block Grant Agreement, by and between the City of Lubbock and Catholic Family Services, and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2000-R0046. Grantee: Catholic Family Services Program: Self-sufficiency promoting people out of poverty Funding Source: 2000 Community Services Block Grant Use of Funds: These funds will be used to provide assistance to become self-sufficient. Assistance includes education, training, daycare, and other needs to allow them to obtain the skills needed to transition out of poverty. Amount: $165,053.13 Terms: Extends contract to December 31, 2000. Comments: Funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. The contact is available for review in the City Secretary's Office. The contract allows for a one- year extension if both parties agree. The CDSB is recommending the extension as per the attached agreement. Community Development recommended the approval of this resolution. City Council Meeting February 10, 2000 Page 99 Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2000-R0046 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (55.) Resolution No. 2000-R0047 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract extension and all related documents between the City of Lubbock and Contact Lubbock, Inc. from the Community Services Block Grant. RESOLUTION NO. 2000-R0047 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to Community Service Block Grant Agreement, by and between the City of Lubbock and Contact Lubbock, and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2000-R0047. Grantee: Contact Lubbock Program: Information and Referral Funding Source: 2000 Community Services Block Grant Use of Funds: These funds will be used to provide a telephone referral line for people needing assistance, as well as the red book for other agencies to use as a guide. Amount: $50,000 (with $445.54 remaining to be spent in FY 1999 funds.) City Council Meeting February 10, 2000 Page 100 Terms: Extends contract to December 31, 2000. Comments: Funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. The contact is available for review in the City Secretary's Office. The contract allows for a one- year extension if both parties agree. The CDSB is recommending the extension as per the attached agreement. Community Development recommended the approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2000-R0047 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (56.) Resolution No. 2000-R0048 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract extension and all related documents between the City of Lubbock and ACTEEN from the Community Services Block Grant. RESOLUTION NO.2000-R0048 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to Community Service Block Grant Agreement, by and between the City of Lubbock and ACTEEN, and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2000-R0048. 100 City Council Meeting February 10, 2000 Page 101 Grantee: ACTEEN Program: Education on peer pressure and other problems faced by youth. Funding Source: 2000 Community Services Block Grant Use of Funds: These funds will be used to pay for a director and supplies to go to schools and provide education on current topics by using students to act out different scenarios. Amount: $27,900 (with $2,823.01 remaining to be spent in FY 1999 funds.) Terms: Extends contract to December 31, 2000. Comments: Funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. The contact is available for review in the City Secretary's Office. The contract allows for a one- year extension if both parties agree. The CDSB is recommending the extension as per the attached agreement. Community Development recommended the approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2000-R0048 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (57.) Resolution No. 2000-R0049 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract and all related documents between the City of Lubbock and the Lubbock Boys and Girls Club from the Community Services Block Grant. RESOLUTION NO.2000-R0049 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to Community Service Block Grant Agreement, by and between the City of Lubbock and Lubbock Boys & Girls Club, and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 101 City Council Meeting February 10, 2000 Page 102 Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2000-R0049. Grantee: Lubbock Boys and Girls Club Program: Transportation Funding Source: 2000 Community Services Block Grant Use of Funds: Transportation for students from a designated location to the Club, and then home if parents could not pick them up. This program is targeting the Harwell, Manhattan Heights, and some Housing Authority locations. This allows the children an opportunity for a safe recreational, as well as educational, program while waiting for parents to come home. Amount: $10,000 (with $10,622.33 remaining to be spent in FY 1999 funds.) Terms: Extends contract to December 31, 2000. Comments: Funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. The contact is available for review in the City Secretary's Office. The contract allows for a one- year extension if both parties agree. The CDSB is recommending the extension as per the attached agreement. Community Development recommended the approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2000-R0049 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item to be considered was Item 52. 102 City Council Meeting February 10, 2000 Page 103 CIVIC SERVICES (58.) Resolution No. 2000-R0050 authorizing the Mayor to execute the necessary documents to permit Fore Star Golf to assign the existing "Management Contract" for the City's golf facilities. RESOLUTION NO. 2000-R0050 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 on behalf of the City of Lubbock an Estoppel Certificate and Agreement, and any associated documents, by and between the City of Lubbock, Fore Star Golf of Lubbock, L.L.C., and Banc of America Commercial Finance Corporation, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director for Civic Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Agreement is filed with Resolution No. 2000-R0050. Fore Star Golf (FSG) continues to develop operations and acquire new properties in the region. They are currently in the process of investing additional funds to develop the Fairway Oaks Country Club in Abilene. FSG wishes to re -finance their loan on the Abilene property in order to make additional improvements to the lands. The improvements being sought in the re -financing will improve the Abilene property. Subsequently, the growth and development of other properties owned by FSG is beneficial to the operations at Meadowbrook because of their development of "National Accounts" and special pricing through various vendors. With this in mind, this agreement is seeking the affirmation of collateral of interest with the City of Lubbock and FSG Inc. as it pertains to the management agreement for Meadowbrook and Squirrel Hollow Golf Course. Furthermore, this agreement allows FSG to re -finance their Abilene property while not creating any liability for the City as well as not obligating the City for any debt. 103 City Council Meeting February 10, 2000 Page 104 The Estoppel Certificate and Agreement will permit FSG to obtain a loan in the principal amount of $3,000,000. Fore Star anticipated the need to convert their line of credit into a fully amortized loan when the original negotiations took place. This request is consistent with the provisions in the original contract. Staff recommended that the Mayor be authorized to execute the necessary documents provided in the resolution document and associated documents with FSG, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 2000-R0050 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (59.) Consider a resolution authorizing the Mayor to execute an amendment to the management agreement between the City of Lubbock and Fore Star Golf, LLC. Fore Star Golf (FSG) has developed several golf properties and is a known commodity in the management golfing industry. Due to their success, they are sought out to consult on golf properties that require development and revitalization. To this end, they have been in discussions with Wilshire Credit Corp. to manage the Lakeridge Country Club and FSG may enter into a contract to manage the property until the lending institution sells the property. Although, FSG may enter into a contract to manage the golfing operations at Lakeridge Country Club, it will more than likely be on a temporary basis. At this time, however, existing language in the contract between the City of Lubbock and FSG, prohibits them from managing another golf property operation within Lubbock County. This clause was included in the original contract in order to focus FSG's efforts solely on Meadowbrook. However, FSG manages over 8 properties nationwide and have different management teams at each location so each property receives the attention and focus they all deserve. With this in mind, acquiring additional properties in Lubbock will only strengthen FSG's commitment to Lubbock. Also, because Lakeridge Country Club and Meadowbrook do not compete for the same patron, this is not considered a conflict of interest as it relates to the Meadowbrook operation. Lakeridge Country Club caters more toward the resident at Lakeridge as opposed to the general public, while Meadowbrook caters to all residents of this community and the region. FSG renews their commitment to Meadowbrook annually as it continues to develop the greens and its goal of staying in the top 25 municipal golf courses in the state of Texas. Staff recommended that the Mayor be authorized to execute the amendment to the FSG management contract as provided in the resolution document. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to continue this item until the February 24, 2000 City Council Meeting. Motion carried: 6 Yeas, 0 Nays. 104 City Council Meeting February 10, 2000 Page 105 (60.) Resolution No. 2000-R0051 approving recommendations from the Lubbock Arts Alliance, Inc., for the second of two grant periods for 1999-2000. RESOLUTION NO.2000-R0051 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby authorizes and approves for and on behalf of the City of Lubbock, the Lubbock Arts Alliance to award all of the second period grants for 1999 recommended by the Lubbock Arts Alliance Grants Review Committee. The letter, dated January 5, 2000, from the "Lubbock Arts Alliance requesting approval of the second period grants is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 10th day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Director of Civic Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Attachment is fled with Resolution No. 2000-R0051. On May 13, 1999, the Lubbock City Council approved an agreement to pay the Lubbock Arts Alliance, Inc. $120,058.38. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts. The funds represent .400 cent of the hotel/motel tax collected during the fiscal year ended September 30, 1998. In reviewing requests and developing funding recommendations, for each application, the Grants Review Committee follows guidelines that were approved as part of the May 13, 1999, agreement. committee, composed The grants review Of a representatives of the Lubbock Arts Alliance, evaluates y City Council and submits their recommendations to the City Council for approval applications and 105 City Council Meeting February 10, 2000 Page 106 The Lubbock City Council is now asked to approve $55,067 in grant awards for the second of two grant periods for 1999/2000. Twenty-four applications were received on the December 1, 1999, deadline and fourteen are recommended for full or partial funding. Enclosed in agenda backup is a listing of the recommendations from the Lubbock Arts Alliance Grants Review Committee. Lubbock Arts Alliance, Inc. recommended approval of the grants' awards. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 2000-R0051 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez recused himself. MISCELLANEOUS (61.) Consider an ordinance creating a new Article XIV to Chapter 16 of the Code of Ordinances providing for the operation of motor vehicle escort services within the City of Lubbock. Motor vehicle escorts, primarily for funerals and wide loads, are currently provided by the Lubbock Police Department at no charge to the public at an annual cost of $50,000 to $60,000. Mr. Randy Phillips approached staff about allowing private motor vehicle escorts to provide this service for a fee. He plans to employ off -duty peace officers. Staff contacted eight local funeral homes and found that seven preferred to continue the current City-Pred service. Staff also surveyed Texas cities (survey results attached) and found that 55 % and 41 % have private companies providing funeral escorts and wide load escorts, respectively. The attached ordinance was placed on the agenda at Councilman Hernandez' request. It would allow private companies provide oPvid rov for vehicle escort services as an alternative or supplement to ed by the Lubbock Police Department. The ordinance ss and rquirtheTes p provides rty and for a motor vehicle escort licensing pro liability insurance and indemnification of the City. Traffic could only be directed by State -certified peace officers. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass ordinance. embers Cooketion d. McDougal Nays. Mayor Pro Tem Ince and Councilor and Nelson voted Nay. Resolution No. 2000-R0052 giving Notice of Intent to enter into a tax abatement agreement reement with X-FAB Texas, Inc. of Lubbock, RESOLUTION N0.2000-R0052 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with X-FAB Texas; and of WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice bodyl of each ntent of WHER � presiding officer of the governing the City Council to be given to the p g Agreement is taxing unit in which the property to be subject to the Tax Abatement Ag to g located; NOW 106 City Council Meeting February 10, 2000 Page 107 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with X-FAB Texas, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 2301 N. University in the City of Lubbock, Lubbock County, Texas and further described as being all of Tract A, Texas Instruments Addition, an addition to the City of Lubbock according to the map, plat and/or dedication deed thereof, recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (D.R.L.C.T.) and all of that abandoned Drake Street as described by Correction Quit Claim Deed from the City of Lubbock to Texas Instruments Incorporated, a Delaware corporation, recorded in Volume 1541, Page 32, D.R.L.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum disk monument found at the Northeast corner of said Drake Street on the South line of Block 1, Lubbock State School Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 1143,Page 677, D.R.L.C.T. and also being North 0 deg. 01 min. 09 sec. East - 10.00 feet from the Northwest corner of Lot 1, Lawson Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 838, Page 211, D.R.L.C.T. THENCE South 0 deg. 01 min. 09 sec. West, along the East line of said abandoned Drake Street, at 10.00 feet, passing the Northwest corner of said Lawson Addition, continuing along the West line of said Lawson Addition, at 60.00 feet, passing the Southeast corner of said abandoned Drake Street and the most Northerly Northeast corner of said Texas Instruments Addition, continuing on for a total distance of 139.91 feet to an aluminum disk monument found for the Southwest corner of said Lawson Addition; THENCE South 89 deg. 58 min. 01 sec. East, along the North line of said Texas Instruments Addition and the South line of said Lawson Addition, a distance of 143.27 feet to an aluminum disk monument found for the most Easterly Northeast corner of said Texas Instruments Addition and the Southeast corner of said Lawson Addition on the West Right-of-way of University Avenue (F.M. 1264, variable width R.O.W.); THENCE South 0 deg. 32 min. 04 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 2422.31 feet to a 1/2 inch iron rod set for corner; THENCE North 89 deg. 27 min. 56 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 10.00 feet to a 1/2 inch iron rod set for corner in the North Right-of-way of Loop 289 at the beginning of a curve to the right having a radius that bears North 89 deg. 50 min. 33 sec. West, a distance of 215.00 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the right, with a chord that bears South 42 deg. 01 min. 23 sec. West - 286.98 feet, through a central angle of 83 deg. 43 min. 52 sec. and an arc length of 314.20 feet to a concrete Right-of-way marker found for corner at the end of said curve; THENCE South 84 deg. 14 min. 24 sec. West, along the North Right-of-way of said Loop 289, a distance of 833.14 feet to an aluminum disk monument found for corner at the beginning of a curve to the left having a radius that bears South 05 deg. 45 min. 28 sec. East, a distance of 5879.65 feet; 107 City Council Meeting February 10, 2000 Page 108 THENCE Along the North Right-of-way of said Loop 289 and along said curve to the left, with a chord that bears South 82 deg. 04 min. 50 sec. West - 443.52 feet, through a central angle of 04 deg. 19 min. 23 sec. and an arc length of 443.63 feet to an aluminum disk monument found for corner at the end of said curve; THENCE South 83 deg. 47 min. 51 sec. West, along the North Right-of-way of said Loop 289, a distance of 766.83 feet to a concrete Right-of-way marker found for corner; THENCE South 73 deg. 26 min. 45 sec. West, along the North Right-of-way of said Loop 289, a distance of 266.20 feet to an aluminum disk monument found for corner; THENCE South 89 deg. 52 min. 26 sec. West, along the North Right-of-way of said Loop 289, a distance of 599.04 feet to an aluminum disk monument found for the Southwest corner of said Texas Instruments Addition and the Southeast corner of a called 286.15 acre tract of land conveyed to the City of Lubbock as described in a deed recorded in Volume 370, Page 55, D.R.L.C.T.; THENCE North 0 deg. 00 min. 37 sec. East, along the West line of said Texas Instruments Addition and the East line of said 286.15 acre tract, a distance of 2318.79 feet to an aluminum disk monument found for the most Westerly Northwest corner of said Texas Instruments Addition; THENCE South 89 deg. 56 min. 05 sec. East, a distance of 100.19 feet to an aluminum disk monument found for an inside ell corner of said Texas Instruments Addition; THENCE North 0 deg. 00 min. 05 sec. West, along the West line of said Texas Instruments Addition and the East line of said 286.15 acre tract, at 706.65 feet, passing the Southwest corner of the above mentioned abandoned Drake Street and continuing for a total distance of 766.65 feet to an aluminum disk monument found for the most Northerly Northwest corner of said Texas Instruments Addition and the Northwest corner of said abandoned Drake Street, on the South line of the above mentioned Block 1, Lubbock State School Addition; THENCE South 89 deg. 53 min. 30 sec. East, along the North line of said Drake Street and the South line of Block 1, Lubbock State School Addition, a distance of 2800.50 feet to the POINT OF BEGINNING and containing 203.377 acres of land. City Council Meeting February 10, 2000 Page 109 Passed by the City Council this loth day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2000-R0052. The City of Lubbock received an application for industrial tax abatement from X-FAB Texas, Inc. to renovate and modernize space in the facility located at 2301 N. University Avenue. X-FAB will be renovating space in the facility, located in the North Enterprise Zone, to bring portions of the facility into leasable condition. The proposed improvements include: modifying modules C, D & E to house a call center, modify main lobby, construct an area for a day care center in Module B, recarpet and repaint spine, construct new visitors lobby at the south end of the facility, and modify Module A warehouse per tenant requirements. The estimated cost for the renovations is $2.5 million. The project meets the Industrial Tax Abatement Policy and Guidelines minimum investment of $1,000,000. The application is for abatement on the improvements to the building only, no personal property. The recommended abatement term is ten years with a declining percentage schedule beginning at 100 % and declining 10 % in each subsequent year of the abatement. The abatement amount for the City of Lubbock is approximately: Year 1 100 % $14, 5C Year 2 90 % 13,050 Year 3 80 % 11,600 Year 4 70 % 10,150 Year 5 60 % 8, 700 Year 6 50% 7,250 Year 7 40 % 5,800 Year 8 30 % 4, 350 Year 9 20 % 2, 900 Year 10 10 % 12,900 109 City Council Meeting February 10, 2000 Page 110 The total city abatement over the life of the contract is $79,750. The total county abatement over the life of the contract would be $40,986. The existing value of the building, as of January 1, 1999, was $12,960,800. There will be no direct jobs created by X-FAB Texas, but within eighteen months 700 to 800 jobs will be created by the tenant leasing the space. The estimated amount of the new payroll created by the new tenant is approximately $16 million. The project will add $2.5 million in new value to the tax base in the North Enterprise Zone. Under the current guidelines, X-FAB Texas, Inc. is eligible and meets all the criteria for tax abatement. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of ten years with a declining schedule beginning with 100 % and declining by 10 % each year. David Sharp with Market Lubbock, Inc. presented comments, and requested that Section 13 of the Agreement be changed to reflect a completion date of 18 months. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 2000-R0052 with Section 13 of the Agreement being changed to read 18 months as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. (63.) Consider a joint election resolution with Lubbock Independent School District authorizing the May 6, 2000 election to be a Joint Election. RESOLUTION NO. 2000-R0053 JOINT ELECTION RESOLUTION WHEREAS, the City of Lubbock and Lubbock Independent School District are both required to conduct elections on May 6, 2000; and WHEREAS, Section 271.002 of the Texas Election Code provides for joint elections when an election is required upon the sme and ay by two or more political subdivisions occupying all or part of the same territory; WHEREAS, it is deemed to be in best interest of the citizens residing in the City of Lubbock and Lubbock Independent School Drof the Electiont to have a inCode;tiNOW on May 6, 2000, pursuant to the above cited provision THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF PETHE CITY OF LUBBOCK D NDENT SCHOOL DISTRICT THE BOARD OF TRUSTEES OF LUBBOCK INDE C ACTING JOINTLY: THAT a joint election of the City of Lubbock and h uT° as Independent hool and District be held on May 6, 2000, under provisions of t other applicable law and in accordance with the following agreed terms: 110 City Council Meeting February 10, 2000 Page 111 1. THAT common precinct boundaries and voting places shall be designated by each governing body so far as is practical and expedient. 2. THAT a single set of election officers shall be agreed upon and designated by both governing bodies for the conduct of the election. Such officers shall include those qualified to serve for each individual subdivision. 3. THAT the election shall be administered by Ms. Kaythie D. Darnell, City Secretary of the City of Lubbock, within the limits of the City of Lubbock with Ms. Patti Flanagan of Lubbock Independent School District serving as assistant election officer. 4. THAT there will be early voting conducted April 19, 2000, to May 2, 2000, at the office of the City Secretary, 1625 13th Street, on weekdays, other than City holidays, during the regular business hours of the office of the City Secretary, which are from 8:00 a.m. to 5:00 p.m. and at the offices of Lubbock Independent School District, 1628 19' Street, on weekdays other than School holidays, during the regular business hours of Lubbock Independent School District, which are from 8:00 a.m. to 5:00 p.m. City and School holidays during the early voting period are Good Friday, April 21, 2000, and Easter Sunday, April 23, 2000. Early voting by personal appearance will be conducted at the following branch early voting locations: South Plains Mall, 6002 Slide Road; United Supermarket No. 501, 2630 Parkway Drive; Albertson's Food & Drug, 3249 50th Street; United Supermarket No. 503, 112 N. University; United Supermarket No. 505, 401 Slide Road and United Super Market No. 506, 1701 50t" Street. The hours and days of voting at the branch early voting locations are as follows: South Plains Mall (6002 Slide Road): April 19, 2000 - April 20, 2000 Wed-Thurs 10:00 a.m. - 7:00 p.m. _ April 22, 2000 Saturday 10:00 a.m. - 7:00 p.m. April 24, 2000 - April 28, 2000 Mon -Fri 10:00 a.m. - 7:00 p.m. April 29, 2000 Saturday 8:00 a.m. - 8:00 p.m. April 30, 2000 Sunday 1:00 p.m.- 6:00 p.m. May 1, 2000 - May 2, 2000 Mon-Tues 8:00 a.m. - 8:00 p.m. Albertsons Food & Drug (3249 50th St.): April 19, 2000 - April 20, 2000 Wed-Thurs 10:00 a.m. - 7:00 p.m. April 22, 2000 Saturday 10:00 a.m. - 7:00 p.m. April 24, 2000 - April 29, 2000 Mon -Sat 10:00 a.m. - 7:00 p.m. April 30, 2000 Sunday 1:00 p.m. - 6:00 p.m. May 1, 2000 - May 2, 2000 Mon-Tue 10:00 a.m. - 8:00 p.m. United Supermarket No. 501 (2630 Parkway Drive): April 19, 2000 - April 20, 2000 Wed-Thurs 10:00 a.m. - 7:00 p.m. April 22, 2000 Saturday 10:00 a.m. - 7:00 p.m. April 24, 2000 - April 29, 2000 Mon -Sat 10:00 a.m. - 7:00 p.m. April 30, 2000 Sunday 1:00 p.m. - 6:00 p.m. May 1, 2000 - May 2, 2000 Mon-Tue 10:00 a.m. - 8:00 p.m. United Supermarket No. 503 (112 N. University): - April 19, 2000 - April 20, 2000 Wed-Thurs 10:00 a.m. - 7:00 p.m. April 22, 2000 Saturday 10:00 a.m. - 7:00 p.m. April 24, 2000 - April 29, 2000 Mon -Sat 10:00 a.m. - 7:00 p.m. April 30, 2000 Sunday 1:00 p.m. - 6:00 p.m. May 1, 2000 - May 2, 2000 Mon-Tue 10:00 a.m. - 8:00 p.m 111 City Council Meeting February 10, 2000 Page 112 United Supermarket No. 505 (401 Slide Road): April 19, 2000 - April 20, 2000 Wed-Thurs April 22, 2000 Saturday April 24, 2000 - April 29, 2000 Mon -Sat April 30, 2000 Sunday May 1, 2000 - May 2, 2000 Mon-Tue United Supermarket No. 506 (1701 50' St.): April 19, 2000 - April 20, 2000 Wed-Thurs April 22, 2000 Saturday April 24, 2000 - April 29, 2000 Mon -Sat April 30, 2000 Sunday May 1, 2000 - May 2, 2000 Mon-Tue 10:00 a.m. - 7:00 p.m. 10:00 a.m. - 7:00 p.m. 10:00 a.m. - 7:00 p.m. 1:00 p.m. - 6:00 p.m. 10:00 a.m. - 8:00 p.m. 10:00 a.m. - 7:00 p.m. 10:00 a.m. - 7:00 p.m. 10:00 a.m. - 7:00 p.m. 1:00 p.m. - 6:00 p.m. 10:00 a.m. - 8:00 p.m. 5. THAT the preparation of election supplies, contacting of appropriate officials, publication and all other routine matters for those precincts with voting places within the City of Lubbock shall be the responsibility of the City Secretary of the City of Lubbock. 6. THAT each political subdivision shall be responsible for posting its own notices and maintaining records pertaining solely to its own election as custodian of its own records. Each political subdivision also shall be responsible for preparing the ballot for its own election and for conducting a "drawing for place on the ballot," for its own election at a location and time of its own choice. 7. THAT the official canvassing of ballots and announcements of results shall be done individually by each governing body, and each political subdivision shall issue its own certificates of election to the candidates elected to that political subdivision. 8. THAT in all precincts where there are voters residing outside the jurisdiction of one of the political subdivisions, but inside the other political subdivision, such voters shall be given ballots containing only the names of those candidates for whom they are qualified to vote. Write in votes shall be cast on the ballot at the indicated space. 9. THAT separate ballots and ballot boxes shall be used for this election and that the sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. 10. THAT the City Secretary is hereby appointed as early voting clerk to oversee joint early voting. 11. THAT each entity shall pay its proportionate share of the common costs attributable to the joint election activities necessary for the conduct of the joint election. 112 City Council Meeting February 10, 2000 Page 113 Resolved by the City Council on this 10' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Resolved by the Board of Trustees on this 10' day of February, 2000. /s/ Mark Griffin MARK GRIFFIN, PRESIDENT ATTEST: /s/ Roy Grimes Roy Grimes, Secretary For numerous years the City of Lubbock and Lubbock Independent School District have held Joint Elections in order to achieve cost savings for both entities as well as convenience to the voters. Presented for Council consideration is a joint election resolution which sets out issues on which City and School District staff agreed. The terms agreed upon are as follows: 1) Use of the same polling places and election officials where applicable. 2) Kaythie Darnell, City Secretary, as election administrator and Patti Flanagan, LISD representative, as assistant election officer. 3) Early voting beginning April 19, 2000, and extending through May 2, 2000, at the office of the City Secretary, 1625 13'' Street, on weekdays other than City holidays, during the regular business hours of the office of the City Secretary, which are from 8:00 a.m. to 5:00 p.m., and at the offices of the Lubbock Independent School District, 1628 19'' Street, on weekdays other than School holidays, during the regular business hours of Lubbock Independent School District, which are from 8:00 a.m. to 5:00 p.m. City and School holidays during the early voting period are Good Friday, April 21, 2000, and Easter Sunday, April 23, 2000. Early voting by personal appearance will be conducted at seven branch locations. 4) The preparation of election supplies, contacting of appropriate officials, publication and all other routine matters for those precincts with voting places within the City of Lubbock shall be the responsibility of the City Secretary of the City of Lubbock. 5) Each political subdivision shall be responsible for posting notices, maintaining official records, preparation of ballots, and conducting the drawing for ballot position. 113 City Council Meeting February 10, 2000 Page 114 6) Each political subdivision shall be responsible for its official canvassing of ballots and announcement of results. 7) Each political subdivision shall pay its proportionate share of common costs. 8) A separate ballot and separate ballot boxes shall be used for the election, and the sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. The Lubbock Independent School District Board of Trustees will be considering this resolution at their February 10, 2000 meeting. The City Secretary recommended that Council authorize the joint election resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Joint Resolution No. 2000-R0053 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. BOARD APPOINTMENTS (64.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Jane Burns to the Appointments Advisory Board. Motion carried: 4 Yeas, 0 Nays. Councilmembers McDougal and Patterson had stepped away from the dais. (65.) Consider five appointments to the Community Development and Services Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Kevin Bryan, Teresa Contreras, Byron Walker, Jeff Lowry and Richard Molina to the Community Development and Services Board. Motion carried: 4 Yeas, 0 Nays. Councilmembers McDougal and Patterson had stepped away from the dais. (66.) Consider one appointment to the Board of Electrical Examiners. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Sandra Reasoner to the Board of Electrical Examiners. Motion carried: 4 Yeas, 0 Nays. Councilmembers McDougal and Patterson had stepped away from the dais.. (67.) Consider one appointment to the Park and Recreation Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Suzanne King to the Park and Recreation Board. Motion carried: 4 Yeas, 0 Nays. Councilmembers McDougal and Patterson had stepped away from the dais. 114 City Council Meeting February 10, 2000 Page 115 (68.) Consider one appointment to the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Sam Reyes to the Planning and Zoning Commission. Motion carried: 4 Yeas, 0 Nays. Councilmembers McDougal and Patterson had stepped away from the dais. (69.) Consider seven appointments to the Urban Design and Historic Preservation Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Robert Brodkin, Marsha Jackson, Dudley Thompson, Don Bundock, Eileen Johnson, Sally Loden, and Rusty Plowman to the Urban Design and Historic Preservation Commission. Motion carried: 4 Yeas, 0 Nays. Councilmembers McDougal and Patterson had stepped away from the dais.. (70.) Consider thirty-five appointments to the Youth Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Wesley Condray, Kristian Dominguez, David Fralin, and Anita Gutierrez from Cavazos Jr. High, Brooke Chavez, Tameka Eddington, Joel Harper, Omar Jones, Eva Musoke, Raymond Pace, J.R. Romero, Jennifer Strong, Jacqueline Vega, Joseph Villeareal Williams, and Erin Williams from Estacado High School, Katie Akeroyd, Jason King, Shelby Kloiber, and Donald Robinson from Evans Jr. High, Theresa Ayala, Austin Shooter, and Alissa Sims from Hutchinson Jr. High, Ross McCuistion, and Jess Walker from Irons Jr. High, Allison Cornish, Lauren Griffin, Deitra Jackson, Jessica Rios, Marie Villareal, and Travis Wilson from Lubbock High School, Elizabeth Parsley from Mackenzie Jr. High, Katy Murphy Lubowicz from Monterey High School, and Andrea Cox, Lindsey Duncan, and Paul Menzel from O.L. Slaton Jr. High to the Youth Commission. Motion carried: 4 Yeas, 0 Nays. Councilmembers McDougal and Patterson had stepped away from the dais. (71.) Consider five appointments to the Zoning Board of Adjustment Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Billie Caviel, Mitchell Hankins, Bill Mateja, Winn Sikes, and Maggie Trejo to the Zoning Board of Adjustment. Motion carried: 4 Yeas, 0 Nays. Councilmembers McDougal and Patterson had stepped away from the dais. 11:55 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:14 P.M. COUNCIL RECONVENED 115 City Council Meeting February 10, 2000 Page 116 1:14 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tem Ince adjourned the meeting with the majority of remaining Council present at adjournment: Mayor Pro Tem Ince. WINDY SITThN, MAYOR Read and approved this J�5 ` day of )2000. J *ifiby SI N AYOR 116