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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/23/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 23, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 23" day of March, 2000 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councihmember Marc McDougal CITIZEN COMMENTS No citizens appeared to express comments to the Council EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager, City Secretary); deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Airport, Codes Enforcement, Engineering, Lubbock Power & Light, Police Department); and personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions). 7:32 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City 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 on electric rates of Lubbock Power and Light (Electric Utilities). (3•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Airport, Codes Enforcement, Engineering, Lubbock Power & Light, Police Department). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Community Development and Services Board Keep Lubbock Beautiful Advisory Committee Park and Recreation Board Youth Commission 9:36 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. City Council Meeting March 23, 2000 Page 176 ( 5.) Presentation of Appointments Advisory Board 1999 Annual Report by Debbie Hurt, Chair. Each year the Appointments Advisory Board presents an Annual Report to the City Council that details the board appointment information during the past year. The report also includes board recruitment activity of the past year. This report is an operational tool in helping the Board make recommendations to the Council and assisting with recruitment efforts. ( 6.) Request by the South Plains Childcare Management System to waive the public service policy for childcare funding for the FY 2000-2001 funding cycle of Community Development Block Grant funds by Joseph Draughon, Childcare Program Manager for South Plains Childcare Management System. This agency is requesting the waiver in order to draw down additional federal match funds available for childcare. If the public service policy is followed, the agency would be requesting its third year of funding. They would, therefore, be eligible for 35 % of the original $120,000 award. The federal matching childcare dollars can only be drawn by the South Plains Childcare Management System. This match provides Lubbock an additional $1.66 for every dollar the local community provides for childcare. The match does not necessarily have to come from the local government. In the past, the City received requests from various agencies for childcare. Two years ago it was agreed, by the agencies, that South Plains Childcare Management System would make the request. The other agencies would receive vouchers for childcare from the program. By doing so, clients could go to any approved childcare provider that was convenient to them, rather than a specific agency, or location. ( �,) Presentation on City of Lubbock Performance Measurement Program by Anna Mosqueda, Director of Management Services. The City of Lubbock, along with a number of other cities and counties nationwide, is participating in the International City/County Management Association (ICMA) comparative performance measurement program. The program was created to help cities and counties obtain comparable data about the quality and efficiency of service delivery to their citizens. The program involves the collection, analysis and interpretation of comparative performance data from the participating local governments in four major service areas: 1. Police Services 2. Fire Services 3. Neighborhood Services (whichibraincludesd StS lid waste, Code Enforcement, Housing, Parks, 4. Support Services (which includes Purchasing, Fleet Management, Information technology, Human resources and Facilities Management). In this age of "reinventing government" people at all levels of government are look for better and more efficient ways to deliver services. An increasing number help f local manage governments l limited t are resources turning more performance measurement p 176 City Council Meeting March 23, 2000 Page 177 effectively and improve accountability to the public. The information collected through performance measurements allows for better assessment of trends in service delivery, identifying goals for improvement and helps in making better decision about how to allocate scarce resources. It can also be used as a tool in day-to-day management, budgeting, and program planning and analysis. Staff will present City of Lubbock's progress toward implementation of ICMA's comparative performance measurement program. ( 8•) Update on Strategic Plan by Jim Bertram, Director of Strategic Planning. Council was recently sent a draft goals document as a follow-up on the Council's Goals and Strategies Session at Reese Center in January 2000. Attached was a draft "mockup" of a shorter version of this detail plan, which would be a more convenient size for the City Council to use in the upcoming year or two. The larger document, which includes proposed strategies to achieve the outlined goals will actually be the "working document" for the staff to monitor and measure progress toward implementation. The planning document contains eight broad strategic issue areas (economic development, financial planning, land use/growth, transportation, aviation, health and community services, and public safety); 21 strategic issues, 21 broad goals for each strategic issue (13 of which were established goals in prior goals documents), and 40 specific strategies to achieve these goals. This planning document grows out of a process of managing change to bring about a desired future. This process recognizes that time changes everything and that this plan should be used as a dynamic working plan that is flexible enough to adapt to rapid change as needed. At any point that the staff or City Council feels like changing times no longer justify pursuit of any of these goals or strategies, staff should, by consensus, amend the plan and pursue different goals and strategies. It is staff's intent for Council to accept these goals by consensus. Pending any suggested amendments by Council, appropriate staff were present at work session to respond to specific Council questions. 10:26 A. M. WORK SESSION RECESSED 10:46 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem 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 Becky Garza, Assistant City Secretary Absent: None. Mayor Sitton called the meeting to order at 10:46 A. M. ( 9•) Father John Hill of St. Andrew Greek Orthodox Church gave the invocation. 177 City Council Meeting March 23, 2000 Page 178 (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. CITIZEN APPEARANCES (11.) Presentation of 4'b Corps Program of Broadway Festivals by Bill Sowder, District Attorney; Linda Smith, Broadway Festivals; and Anita Burgess, City Attorney. 4'' Corps is a two -week summer youth employment training camp for youth from 15 to 18 years of age, and includes an Extended Program that meets once a month, beginning in September and continuing through May. The cadets are paid $500 for their participation in the two -week camp plus their room and board, and an additional $500 for the successful completion of the Extended Program. The program emphasizes the importance of a good work ethic, self-discipline, self- confidence, responsibility, teamwork, and effective employment skills while providing valuable work experience for the cadets. The program's curriculum was developed through a joint effort involving Reese Air Force personnel, Texas Tech University, the Army, Navy and Marine Corps, the Army National Guard, Army and Air Force ROTC programs, and the Lubbock Independent School District. The Two -Week Camp The two -week military style camp has been recognized by the Texas Attorney General's Office as an outstanding youth program. It is designed for all youth, those from middle class, traditional families, as well as youth from low income and/or single parent households. It is precisely because of this diversity that this unique camp is so successful. 4'' Corps strives to create an atmosphere where youth from all segments of the community work together to become one unified team while learning essential skills for future employment. This year's camp will be held from June 21 through July 6, 2000. The camp includes cadets who are selected from hundreds of applications and utilizes seven adult supervisors who come from diverse backgrounds, including the military, ROTC, the medical field, law enforcement, and education. The cadets work in nine to ten person squads to build a sense of teamwork. Cadet graduates from the previous year may apply to be team leaders to serve as mentors for the new cadets. The cadets will be housed at the Lubbock Reese Redevelopment Authority. The daily schedule begins at 5:30 a.m. with physical training and drill ceremony, followed by a day of community service. Projects such as Habitat for Humanity, South Plains Food Bank Farm, neighborhood graffiti removal and housing renovations utilize the cadets for various community improvements. The cadets participate in the Texas Tech Ropes Course and receive CPR training. Evening sessions include classroom topics on free enterprise, resume writing, interviewing skills, financial planning and management, basic first aid, self-esteem and coping skills. At all times, the cadets are challenged to emulate the excellent role models offered to them by instructors and staff. The cadet's day ends with lights out at 9:00 P.M. On July 3-5, the cadets provide much of the manpower for the 4`' on Broadway Celebration. They will assist in setting up the vendor booths, organizing the parade, erecting tables and chairs, streets and area clean- up, and other logistic operations involved in staging the huge 178 City Council Meeting March 23, 2000 Page 179 community -wide festival. One of the proudest moments for the cadets is providing the honor guard for the parade by carrying the fifty state flags. The Extended Program With the successful completion of the two -week camp, the cadets may then participate in the Extended Program. Beginning in September and continuing through May, the cadets meet one Saturday a month for various community services projects and a short, work -related, motivational workshop. The 4' Corps Program pays each cadet $50 for each of the eight sessions attended, plus a $100 bonus for perfect attendance. For these extended sessions, a cadet may earn an additional $500, or a total of $1,000 for the year ($500 for the two -week camp, and $500 for the Extended Program). The Extended Program not only provides work experience for the cadets, but also reinforces the employment training they received during the camp. Additional Work Opportunities Through the 4' Corps Program, other non-profit organizations and for - profit corporations are encouraged to employ these trained cadets for temporary or seasonal work. 4' Corps continues to monitor these cadets and their employment progress throughout the year. About the Cadets Each 4'h Corps Candidate submits a written application and is interviewed to determine his/her interest in participating in the program. The Corps is ethnically diverse — historically approximately 30 % Hispanic, 25 % African American, 40 % Anglo, and 5 % Other. Approximately 35 % of the cadets are female and 65 % are male. A recent research project found that many of the past cadets have improved their academic performance, are more active in their community through work or other extracurricular activities, and have had no negative encounters with law enforcement since completion of the camp. The research findings also indicate that the 4'' Corps Program and its curriculum serve as preventive measures that impact the lives of the youth participants. 4' Corps History In the spring of 1994, several individuals from the community came together to address the need for summer employment opportunities for the youth of Lubbock and the surrounding community. During those meetings, it became apparent that young people not only needed jobs, but they also needed direction to develop employment skills, self-discipline, and self-confidence. The 4' Corps was founded to fulfill this need while also performing much needed community service. With the growing social dependence on government programs, it was recognized that it is important to challenge the private sector to provide the financial backing necessary to make this program a reality. Now in its seventh year, local businesses and individuals, reflecting their commitment to the youth in our community, have financially supported the 4' Corps Program. 4"' Corps is a non-profit 501(c)(3) corporation and a project of Broadway Festivals, Inc. It is governed by the eighteen member Broadway Festivals, Inc. Board of Directors and is implemented by a volunteer steering committee and one full-time Project Director. 179 City Council Meeting March 23, 2000 Page 180 The 4'li Corps Program is a win -win program. The youth of our community are provided jobs and employment skills, and the community reaps the benefits of the cadets' community service work and nurtures well-rounded, productive citizens. The 4' Corps Program is a local program that has a proven success record — a local program that works! (12.) Presentation of a special recognition to Irma Guerrero of United People for the Betterment of the Llano Estacado; Richard Lopez of Guadalupe Economic Services Corp.; and Cornelio Caldivar of the League of United Latin American Citizens #281, honoring the work of Caesar Chavez, leader of the United Farm Workers of America Union, for his lifelong work in assisting migrant and farm workers. Caesar Chavez grew up and lived as a migrant farm worker in California from 1937 to 1993. Through his work as a migrant worker, and later as a labor leader representing migrant workers, Caesar Chavez brought attention to the dismal working conditions and low wages of those who worked in the fields of California, many of whom were of Mexican descent. Through political and economic pressures of the strikes of these workers, Caesar Chavez was able to persuade the California legislature to amend labor laws to protect the rights of these often forgotten people. This recognition is being given in conjunction with a march on March 31 honoring the birth of Caesar Chavez. This march is being organized and sponsored in Lubbock by LULAC, United People for the Betterment of the Llano Estacado, LISD, Texas Tech University, South Plains College, The Buddy Holly Center, The Maggie Trejo Supercenter, The Lubbock Democratic Party, The Hispanic Agenda, The American GI Forum, The Hispanic Association of Women, The Neighborhood Involvement Center, The Texas Migrant Council, Guadalupe Economic Services Corp., The Knights of Columbus, and The Cursillo Movement. A special recognition was presented to Irma Guerrero, Richard Lopez, and Cornelio Caldivar in honor of Caesar Chavez. (13.) Presentation of a special recognition to the Texas Agricultural Extension Service for their sponsorship of the Walk Across Texas event from April 1 through May 27, 2000. Kay Davis, with Texas Agricultural Extension Service, appeared before the City Council to accept a special recognition honoring this agency's sponsorship of the "Walk Across Texas" event from April 1 through May 27, 2000. In addition to Ms. Davis, three City employees - Kelly Northcott, Dani Blythe, and Terri Martinez, will accept this Special Recognition. Kelly, Dani, and Terri serve on the Texas Agricultural Extension Service's Family and Consumer Advisory Board. Alex Torres, Chair of the sponsoring Family and Consumer Sciences Advisory Board, was also present and spoke briefly. The Walk Across Texas is an effort to organize teams of individuals who will begin a daily regiment of walking to improve their health and lose weight. The Walk Across Texas is a statewide event that will promote good health among Texas residents and will bring attention to the importance of being physically active, following a healthy diet, and monitoring one's weight. The Texas Agricultural Extension Service team for Lubbock County has the goal of walking from Texline to Brownsville, a total of 942 miles, in eight weeks. By accomplishing this, they will have symbolically Walked Across Texas. 180 City Council Meeting March 23, 2000 Page 181 A special recognition was presented to Kay Davis, with Texas Agricultural Extension Service for organizing "Walk Across Texas." (14.) Presentation of a special recognition to City of Lubbock Complete Count Committee for their diligent efforts to make sure that all citizens are counted in the 2000 Census. The Complete Count Committee, a 19-member citizen group appointed by the Lubbock City Council, supplements what the Census Bureau does by helping to promote a complete census count to the entire community by educating, instilling, and developing relations with historically undercounted groups. Undercounted groups include minorities, renters, college students, and children. This recognition is being given in conjunction with a proclamation of March 20-26 as Census Week in the City of Lubbock, as well as Census Sunday being observed by all religious leaders. A special recognition was presented to David Buckberry, Christy Martinez, Robert Massengale, and Andrea Gaitan on behalf of the Complete Count Committee. (15.) Presentation of a special recognition to the Health Education Team for their efforts to promote National Public Health Week April 3-7, 2000. Mary Croyle, Health Education Manager, and Tommy Camden, Interim Health Director, appeared before the City Council to accept a special recognition honoring the City of Lubbock's efforts to promote National Public Health Week 2000. In addition to Ms. Croyle and Mr. Camden, other members of the Health Education Team were present to accept this recognition. The purpose of National Public Health Week is to inform everyone about the often unrecognized contributions that Public Health has made including: preventing epidemics and the spread of disease, and educating and empowering individuals to adopt healthy behaviors. This year's theme is "Keepin' Lubbock Healthy." There will be three events in April to promote Public Health, which include the City -Wide Health Fair on March 31-April 1 at the South Plains Mall, the City of Lubbock Employee Health Fair on April 7 at City Hall, and the Texas Youth: Our Key to a Health Future -Town Hall Meeting on April 26 at Estacado High School. All of these events are sponsored by the City of Lubbock Health Education Team. A special recognition was presented to these individuals for their efforts to promote National Public Health Week 2000. (16.) Presentation of the Legendary Service Star Award for February. The Legendary Service Star Award recognizes an employee or team which has exhibited exemplary customer representingrvice. There five re six nominations for the February Star Award,presenting f ve ind and two departments. The recipient of the February Legendary Service Star ward Communications Belli da Ortiz, Public Safety Dispatcher in the Belinda's nomination comes from a citizen who bywrote to thdur ngoa about the excellent customer service provided difficult time. 181 City Council Meeting March 23, 2000 Page 182 Belinda Ortiz was presented with the Legendary Service gold star lapel pin and $50 dinner certificate. TOP TEN LIST Councilmember David Nelson presented his list of Top Ten Positive Things About Lubbock. No. 10 is Latin American Culture. From Cinco de Mayo to the Sixteenth of September Celebration, our Hispanic community entertains the City of Lubbock with many well-known family events that celebrate the heritage and colorful history of the Mexican -Americans. There are, however, other positive benefits that Lubbock's Hispanic community adds to the City. Did you know that after doubling the population in the 1950's and 1960's, Hispanics are the fastest growing segment of Lubbock's population? Did you know that Lubbock's educational, church and charitable institutions are the beneficiaries of thousands of contributions from our Hispanic community year, with a recent highlight being the one million dollar contribution to Texas Tech University by a Lubbock Hispanic businessman and his wife? Did you know that the Hispanic purchasing power nationwide in 1997 was $266.35 billion, with per capita real income increasing 4.4 % from the previous year? Did you know that the managerial and professional classes are the fastest growing sectors of Hispanic employees, that the Hispanic labor participation rate exceeded the national average by two -tenths of one percent in 1997? We salute the ever expanding economic impact and rich and colorful heritage that we in the City of Lubbock enjoy, and encourage all citizens of our community to embrace the positive attributes of Lubbock's Hispanic culture. No. 9 is Upward Bound. The Texas Tech Upward Bound Program enables high school students from families in Lubbock meeting program criteria to develop the skills and motivation necessary to achieve success in college. It is offered at no cost to qualified students. The program consists of two major components: The Academic Year Program and the Summer Residential Program. During both components, students receive academic instruction, tutoring and counseling services, and they participate in a variety of social and cultural activities. Each student has 24 to 27 academic sessions held weekly on the Texas Tech campus where instruction is provided in mathematics, English Science, Foreign Language, Literature and college readiness. To be chosen, Sophomore or Junior students have to be recommended by their high school teachers and counselors, and are selected on the basis of having academic potential and a desire to pursue higher education. This successful college prepatory program provides Lubbock students who have a sincere desire to pursue higher education. The academic and social skills where with all to succeed and be a credit to our community. No. 8 is Bidding process. The City Of Lubbock's Central Purchasing Department 8 employees, headed b approximately 150 million dollars of goods and cservi setor rvices for the aCity acquires Lubbock each year. The statutorily mandated and controlled bidding process ensures that the city departments, and the taxpayers, get the highest quality products and services for the least amount of money. A cooperative effort by all city departments in conjunction with the Purchasing Department in developing written specifications for products and services, clear and concise request for proposals and adequate time periods for dissemination of information and receipt of bids, ensures fairness, objectivity and quality in the bidding process. 182 City Council Meeting March 23, 2000 Page 183 No. 7 is Barrier -free plan. The Streets Department is implementing a plan to remove all barriers to streets and sidewalks for wheelchaired individuals in the City Of Lubbock. Already hundreds and hundreds of curb ramps have been installed at the corners of city intersections allowing smooth crossing and ascension to city sidewalks by persons confined to wheelchairs. The American With Disabilities Act is alive and in force in Lubbock, Texas to ensure that the valuable resources of the handicapped are available to us all. No. 6 is Optimum Ag efficiency. From LEPA irrigation systems to complete utilization of the contents of a cotton boll, the agriculture industry in west Texas makes the optimum use of its production processes. The west Texas farmer has always been ahead of the curve in agriculture technology and efficiency, because he has had to survive. Texas Tech University, various government programs and the dedication and experienced wisdom of Lubbock and surrounding area farmers set them apart as the leaders in terms of efficiency and productivity in the agriculture industry. No. 5 is Complete Count Committee. I hope that by now everyone has received one of these census forms. I also hope that you do not want to disappoint the 19 members of Lubbock's Complete Count Committee, this committee is charged with the responsibility of ensuring that everyone counts in Lubbock - not only does everyone count the number of persons in their household and properly report them on this form, but also to ensure that the significance and resources that everyone who is a resident of Lubbock brings to the City of Lubbock through government programs and voting districts, is counted for the benefit of Lubbock. Lubbock has sent in 23%, Odessa -16% and Midland- 14%. No. 4 is Kerchief. The year 2000 marks the 58' Annual ABC Pro Rodeo. At this time, Councilmember Nelson presented the members of the ABC Rodeo who were in attendance with the following special recognition: WHEREAS: Since 1943, the ABC Rodeo has a long tradition of contributing to the community, and has helped to sponsor Lubbock's Boys' and Girls' Clubs; and, WHEREAS: The ABC Rodeo promotes leadership skills and initiative among young people as it continuously works to strengthen the bonds of friendship and compassion; and, WHEREAS: The ABC Rodeo strives to enhance the quality of life for our community's young people and fosters goodwill and charity for all; and, WHEREAS: Members of the American Business Club have worked hard and spent many hours organizing this worthwhile event in order to ensure its success and its ongoing efforts for the community, NOW, THEREFORE, I, Windy Sitton, Mayor of the City of Lubbock, Texas, do hereby proclaim March 26 through April 1, 2000, as "ABC Rodeo Days" in Lubbock, and ask that every citizen recognize the efforts that support our young people and improve the lives of all. Will Calfin, Jerry Stanley, Dennis Reeves, Mark Putnam, Mike Calfin, and Dee Frazier, Rodeo Queen, accepted the recognition on behalf of ABC Rodeo. 183 City Council Meeting March 23, 2000 Page 184 No. 3 is Yip. YIP stands for Yearly Investment in Partnerships. Over the last couple of years the City Of Lubbock, Texas Tech University and South Plains Association of Governments have "partnered" with each other to receive $6,084,000 in grant funding from the Texas Department of Economic Development for use in various projects at Reese Center. The City Of Lubbock has also entered into local agreements with 45 cities and counties from the Mexican border to Wyoming in establishing the next major North American Trade Corridor- the Ports -to -Plains Corridor. Texas Tech University has partnered with eight other universities, at least two state government agencies and twelve congressional legislators to secure $18.8 million in federal funding programs for this year and is seeking another $38.5 million in federal project funding for the next fiscal year. These are simply a few of the examples illustrating that in Lubbock, together we can make anything happen. No. 2 is Engineering/Wind Center. Texas Tech has been recognized for many years by the Federal Emergency Management Administration (FEMA) as being the leader in research dealing with the effect of tornado and hurricane winds in preventing both property damage as well as personal injury during those natural disasters. One of the in-house shelter products that was designed and built in various houses as a result of the research withstood the killer tornadoes in Oklahoma City in May of 1999. FEMA is now distributing brochures which disseminate information regarding these tornado resistant structures that has both the FEMA and Texas Tech University logos on the brochures. This is another example of institutions in Lubbock achieving national and international recognition. No. 1 is Sour to Sweet attitude. When Reese Air Force Base closed in September of 1997, taking with it over 3500 military, civil service and ancillary private sector jobs, Lubbock was dealt a severe blow. When the two largest hospitals in Lubbock merged recently, the resulting job layoff in the medical field numbered in the hundreds. When Texas Instruments closed its doors in December of 1998, approximately 800 jobs were lost or transferred from the City of Lubbock. But, by this time next year, between the two new occupants of the former Texas Instruments building -Ex-Fab Texas, Inc. and Southwestern Bell Telephone, over 1,000 jobs will be housed at that site. An additional 3500 have been created by Lubbock economic development entities over the last three years, both in the City of Lubbock and at Reese Center, which now houses the nationally recognized Institute for Environmental and Human Health and houses various programs of biological and counter measures research. All this to say that the City Of Lubbock is a forwarding moving and forward thinking metropolitan community. Economic setbacks create challenges, which provide opportunity for the City Of Lubbock to actually improve the economic base over what existed before the economic setbacks. The attitude of making lemonade out of lemons is pervasive in the City of Lubbock, giving us ample opportunity in recent times to taste the sweet success of an attitude that is uniquely and progressively that of Lubbock, Texas, the best place in which to live and work in the United States. 184 City Council Meeting March 23, 2000 Page 185 The first item considered was Item 37 on Regular Agenda. CONSENT AGENDA (Items 17-36) Victor Kilman, Purchasing Manager, stated that Item No. 34 on the agenda, Bid #00-027, Items 8, 9, 13, 15, and 16 had tie bids. The tie bids were considered at this time. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (17.) Approval of the minutes of the Regular City Council Meetings of January 25, 2000, February 24, 2000, and March 2, 2000. (18.) Ordinance No. 2000-00015 abandoning and closing a down guy easement located in the High Plains Addition to the City of Lubbock (2605 82" Street) (second and final reading). ORDINANCE NO. 2000-00015 AN ORDINANCE ABANDONING AND CLOSING A DOWN GUY EASEMENT LOCATED IN THE HIGH PLAINS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2000-00016 amending Chapter 28 of the Code of Ordinances, permitting reimbursements of water and sewer tap charges; providing a savings clause; and providing for publication (first reading). ORDINANCE NO.2000-00016 AN ORDINANCE AMENDING CHAPTER 28 OF THE CITY OF LUBBOCK CODE OF ORDINANCES, PERMITTING REIMBURSEMENT OF WATER AND SEWER TAP CHARGES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Recently Lubbock's Habitat for Humanity announced that they would be building 20 affordable houses in one week in a local neighborhood. John Mallory, the executive director of Habitat, approached City staff to ask if there was anything the City could do to help in their effort to build affordable homes. The need for more affordable houses in Lubbock was highlighted as part of the Council's Goal Setting Session. The water and sewer tap reimbursement program is an effort to facilitate the building of affordable housing in Lubbock by non-profit organizations. To qualify for the reimbursement, the nonprofit agency must build the houses in a CD -eligible area and must sell the homes to households at an income at or below 80% of the median family income. The reimbursements are for the water and sewer taps only and do not include additional lines or any other associated costs. Staff anticipates fewer than 30 houses per year will be built that will be eligible for the reimbursements. Water Department staff and Community Development staff recommended approval. 185 City Council Meeting March 23, 2000 Page 186 (20.) Resolution No 2000-R0075 and Resolution No. 2000-R0076 authorizing the Right -of -Way Department to make offers to six property owners for two parcels of right-of-way for the East-West Freeway railroad relocation (north of Kent Street and west of North Frankford Avenue). RESOLUTION NO.2000-R0075 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 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 to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate and the easement interests 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 1RR 48 John D. Smiley and wife, Gail Smiley, $87,200 Lois Mae Townsend Minnick, James E. Taylor, Jr.; Walter J. Taylor; and Mary Jane Taylor Crook SECTION 2. THAT the above -described parcels of land and easement interests 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 and is Mae Townsend easement interests being John D. Smiley yJa Taylor; andnd wife, Mary JaneoTaylor Crook BE Minnick, James E. Taylor, Jr.; W y offered through the Right -of -Way Department of the City of Lubbock the amount of $87,200 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 and easement interests of said real estate, 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 and easement interests to any or all such parcels as hereinabove described for public purposes and municipal purposes. 186 City Council Meeting March 23, 2000 Page 187 Passed by City Council this 23`d day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 A copy of Exhibit "A" is filed with Resolution No. 2000-R0075. RESOLUTION NO.2000-R0076 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 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 to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 47 James Elliot Taylor, Jr. $23,500 SECTION 2. THAT the above -described parcel 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 theabove described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being James Elliott Taylor, Jr. BE offered through the Right -of -Way Department of the City of Lubbock the amount of $23,500 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, 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. 187 City Council Meeting March 23, 2000 Page 188 Passed by City Council this 23' day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 A copy of Exhibit "A" is filed with Resolution No. 2000-R0076. 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: 1RR47 - James Elliot Taylor, Jr.; 1RR48 - James E. Taylor, Jr., Walter J. Taylor, Mary Jane Taylor Crook, Lois Mae Minnick, John D. Smiley, and Gail Smiley. These parcels were appraised by Tommy Cantrell and reviewed by Jimmy Goddard. These two parcels are just west of North Frankford Avenue north of Kent Street. Parcel 1RR47 contains 1.55 acres and was appraised for a total offer of $23,500; $3,100 was the value placed on the land and $20,400 was the value placed on the damages. 1RR48 was split into three parts. 1RR48A is owned by the Taylors. It contains 1.51 acres and was appraised for a total offer of $41,300; $9,815 was the value placed on the land taking and $31,485 was the value placed on the damages. 1RR48B owned by Mrs. Minnick and 1RR48C owned by the Smileys are easement owners in parcel 1RR48 owned by the Taylors. This is an ingress -egress easement which connects their property to Frankford Avenue across the Taylors' and which the railroad bisects. Parcel 1 RR48B easement taking was appraised for a total offer of $23,300; $120 was for the easement taking, $500 for the improvements, and $22,680 for the damages. Parcel 1RR48C easement taking was appraised for a total offer of $22,600; $120 was for the easement taking, $500 for the improvements, and $21,980 for the damages. TxDOT requested 1RR48A, B, and C be combined for a total offer of $87,200 to the six property and easement interest owners of 1RR48. The resolutions presented before the City Council ask for approval of these offers to the property owners for these parcels. The resolutions authorize the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these properties. The Right -of -Way Department recommended the approval of these offers to the property owners. City Council Meeting March 23, 2000 Page 189 (21.) Resolution No. 2000-R0077 authorizing the Mayor to direct and execute on behalf of the City of Lubbock a grant application for an Innovation Grant (Permanent Fund for Children and Public Health) and any associated documents, by and between the City of Lubbock and the Texas Department of Health. RESOLUTION NO.2000-R0077 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 a grant application for an Innovative Grant (Permanent Fund for Children and Public Health) and any associated documents, by and between the City of Lubbock and the Texas Department of Health, which grant application is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 23rd day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Department Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 2000-R0077. The TDH Innovation Grants were created in 1999 by the 76' Legislature (HB 1676). The legislature determined that a significant portion of the funds received by the State of Texas from the recent tobacco legislation should be appropriated to certain permanent funds. One of those permanent funds, called the Permanent Fund for Children and Public Health, was established for "certain public health purposes" and was appropriated $100 million. The interest from the fund is available to TDH to accomplish the goals of the fund. Approximately $8.4 million is expected to be available to fund projects. The intent of the TDH Innovation Grants is to improve public health outcomes at the community level, using innovations that can be replicated in many places in Texas. No funds from the grants will be authorized to pay for direct health care services, except when providing direct health care services which are incidental to addressing an essential public health service within the objectives of a grant. City Council Meeting March 23, 2000 Page 190 The Innovation Grants are divided into three goals that are referred to as "Parts." Part 1 grants are for developing and demonstrating cost- effective prevention and intervention strategies for improving public health outcomes. Part II grants go to local communities to address disparities in health in minority populations. Part III grants go to local communities for Essential Public Health Services. The City of Lubbock Health Department anticipates applying for funding under Parts I and III although staff are eligible for all Parts. TDH anticipates that few, if any, of these grants will be higher than $500,000 or lower than $25,000. No match is required for the grants. The Lubbock Health Department anticipates submitting an application to provide funding for expansion of surveillance and health education services countywide. This supports the 2000 Lubbock City Council Strategic Issues citing the need for increased disease surveillance (Strategic Issue #16) outside of Lubbock and expanding the City's grant revenue opportunities (Strategic Issue #7). TDH expects that the initial grants will be awarded beginning on or about July 1, 2000 for a 14- month period, that is, through the end of the State fiscal year ending on August 31, 2001. TDH is also allowing extended funding requests to be considered through August 31, 2003. Applications are due on April 18, 2000. This program fulfills the Core Missions of Public Health —those of Surveillance, Prevention, Health Education, and Laboratory Support and supports the Lubbock City Council Goals/Strategies 2000. Without the funding from the Innovation Grants our ability to respond to public health problems within the county will be diminished and the risk of illness to the Lubbock citizens would be increased. Therefore, staff recommended approval of the resolution. (22.) Resolution No. 2000-R0078 authorizing the City Council to approve an agreement and authorizing the Mayor to execute all related documents with the South Plains Association of Governments as related to pass -through funds from the Texas Department on Aging (TDOA) and the United States Department of Agriculture (USDA). RESOLUTION NO. 2000-R0078 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 South Plains Association of Governments (SPAG), a contract for pass - through funds from the Texas Department of Aging and the United States Department of Agriculture, 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. IR111 City Council Meeting March 23, 2000 Page 191 Passed by City Council this 23`d day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 A copy of the Contract is filed with Resolution No. 2000-R0078. The City of Lubbock has contracted with the South Plains Association of Governments (SPAG) for the past 20 years to provide services for the senior population. SPAG serves as the pass through agency for federal funds from the Texas Department on Aging (TDOA), and the United States Department of Agriculture (USDA). The City of Lubbock Senior Program targets any citizen 60 years or older to provide a hot meal, transportation, recreational and social activities. The FY 1999-00 agreement with SPAG provides reimbursement for meals and transportation. Staff anticipates serving approximately 63,000 meals and approximately 8,600 units of transportation. The reimbursement rates from SPAG are as follows: • Congregate Meals - approximately 22,202 eligible units at $4.48 per unit for $99,466 • Transportation - 2,696 eligible units at $6.12 for $16,500 • USDA - $0.5539, per total meals served for approximately $34,895 The total estimated revenue to the City of Lubbock from the SPAG contract is: Congregate Meals $ 99,466 Transportation $ 16,500 USDA $ 34, 895 Donations LOAM $210,861 Reimbursement for the senior meals is matched in part by donations received from the seniors. Last year staff received $60,665.32 in donations, $107,150.82 in reimbursements from SPAG and $33,854 from USDA, and staff expended $263,015.40 on the meal program. 191 City Council Meeting March 23, 2000 Page 192 Staff recommended approval of these agreements, as the funding aids in meeting the needs of the senior population and enhancing services offered by the City of Lubbock. (23.) Resolution No. 2000-R0079 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 1999-2000 use of in -kind services by City of Lubbock Departments for special event support. RESOLUTION NO.2000-R0079 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 1999-2000 use of in -kind services by City of Lubbock departments as set forth in Exhibit A hereto, which said Exhibit A is attached hereto and made a part hereof as if fully copied herein in detail. Passed by City Council this 23' day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services 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-R0079. At the January 9, 1997, City Council Meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in - kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90 % is earmarked for existing events, while the remaining 10% is targeted for new events. Each year, City staff conducts at least two training sessions for local non-profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the applications are reviewed by the appropriate departmental staff to ensure 192 City Council Meeting March 23, 2000 Page 193 that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant applications for in - kind City services based on the applicant's response to nine subjective questions for each event. Each subjective question is worth up to five points from the individual Park and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On February 11, 2000, the Parks and Recreation Board approved the aggregate scoring of the applications. The Parks and Recreation Board recommended the following Special Event Applications for in -kind services: In -Kind Percent In -Kind Event Requested Awarded Proposed 4' on Broadway $56,173 98 % $55,050 YWCA Mini Indy $1,775 81 % $1,438 March of Dimes $1, 499 89 % $1, 334 Juneteenth $7,635 91 % $6,948 Diabetes Association $338 88 % $297 Lubbock Arts Festival $467 95 % $444 Pancake Festival $396 87 % $345 To date, there is a total of $68,283 of in -kind services requested with a total of $65,856 to be considered for approval, which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. There is a balance of $114,144 of in -kind services that can be allocated for existing special events. This total does not include the $20,000 reserved for new special events. Staff recommended approving the seven recipients for the in -kind services to be provided through the Special Events Policy adopted by City Council. (24.) Resolution No. 2000-R0080 to approve the updated Financial Policies. RESOLUTION NO.2000-R0080 WHEREAS, the City of Lubbock has an important responsibility to its citizens to carefully account for public funds, prudently manage municipal finances, and plan for the adequate funding of services desired by the public; and WHEREAS, the purpose of the financial policies is to enable the City to achieve a long-term stable and positive financial condition by exercising integrity, prudence, responsible stewardship, planning accountability, and full and continuous disclosure; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 193 City Council Meeting March 23, 2000 Page 194 THAT the attached City of Lubbock, Texas, Financial Policies, which are incorporated in this resolution and included in the minutes of the Council as set forth in their entirety, shall be adopted as the official financial policies for the City of Lubbock. Passed by City Council this 23`d day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Finance Director APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Financial Policies are filed with Resolution No. 2000-R0080. The City of Lubbock has an important responsibility to prudently manage the financial activities of the City. Policies have been identified and documented to enable the City to achieve a long-term stable and positive financial condition. The policies provide for the exercising of integrity, prudence, responsible stewardship, planning accountability and full and continuous disclosure. Those policies were first approved by the City Council in December 1996. A recent review of those financial policies revealed some wording changes and minor changes in practices that needed to be updated. Current practices in the issuance of debt were described and provided in the form of a debt policy document. The proposed debt policy and a marked up version of the December 1996 policy document were provided to City Council members for review at the City Council goals retreat. The proposed changes need to be made to update the current policy document. Staff recommended passage of the resolution. (25.) Bid #00-010 — Paratransit Vans (Citibus). This bid is for the purchase of 3 Paratransit vans to be used by Citibus. The Lasseter Bus and Mobility bid of $106,584 per vehicle is a far greater savings than that of Tri-State Van and Bus Sales bid of $116,905 per vehicle. Although three companies sent in proposals, only two had submitted bids. National Bus Sales and Leasing, Inc. (New Flyer of America) never submitted a quotation. The total price of the bid is $319,752. The Federal Transit Administration will cover 80% of this amount and the remaining 20 % will come from this year's Citibus budget. No additional funding will be needed from the City of Lubbock. 194 City Council Meeting March 23, 2000 Page 195 Citibus recommended that Bid #00-010 be awarded to Lasseter Bus and Mobility for $106,584. (25.) Resolution No. 2000-R0081Bid #99-028 — Automated Colorimetric Analyzer (Water Reclamation). RESOLUTION NO. 2000-R0081 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 Automated Colorimetric Analyzer, by and between the City of Lubbock and Skalar, Inc. of Norcross, Georgia, 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 City Council this 23rd day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Ka.ythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0081. This project includes furnishing and installing an automated colorimetric analyzer for the laboratory at the Southeast Water Reclamation Plant. This analyzer will have multi -tasking capabilities of nutrient analysis. The laboratory is required to perform analysis for TKN, NH3, etc. After extensive research into vendor's bids for an automated colorimetric analyzer (including reference checks and a visit by the Wastewater Laboratory Manager for a unit demonstration), the department recommended bid award to SKALAR, Inc. The evaluation criteria used was as follows: 1. Cost of equipment, installation, and training 2. Speed of sample processing 3. Speed of changeover 4. Detection limits of chemistries 5. Service reputation of vendor 195 City Council Meeting March 23, 2000 Page 196 6. Applicability of quality control software to meet the City of Lubbock's requirements. The low bid is $26,735 from SKYLAR, Inc., of Norcross, Georgia and is within the Water Reclamation Laboratory Rehabilitation Repairs budget. (26.) Resolution No. 2000-R0082/RFP #99-246 - A/E Service for Mackenzie Outdoor Amphitheater (Park Development). RESOLUTION NO.2000-R0082 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and Carter & Burgess, Inc. for Professional Architectural, Architectural, and Engineering Design Services for the City of Lubbock for the proposed new Mackenzie Park Outdoor Amphitheater. 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 Council. Passed by City Council this 23" day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice A copy of the Contract is filed with Resolution No. 2000-R0082. In September 1998, the design team of Carter & Burgess, Inc., and Parkhill, Smith and Cooper, Inc., were commissioned by the City of Lubbock to create a new, visionary plan for the continued development of the Canyon Lakes System. The design team prepared conceptual alternatives that address the feasibility of completing the series of lakes in the canyon. Carter and Burgess, Inc presented the Canyon Lakes Feasibility Study to the City Council on June 10, 1999. On October 13, 1999, the City of Lubbock issued Request for Proposal #99-246 to interested multi -disciplinary firms to provide Architectural/Engineering services for the Outdoor Theater. Included in the Feasibility Study was a proposed Outdoor Theater for Mackenzie Park. Funding for this Outdoor Theater in the amount of $1,700,000 was approved in the September 1999 Capital Improvements Bond Election. 196 City Council Meeting March 23, 2000 Page 197 Eight Architectural/Engineering firms submitted to the City of Lubbock for the Mackenzie Outdoor Amphitheater. They are as follows: Carter & Burgess, Inc., of Dallas, Texas MWM Architects, Inc., of Lubbock, Texas Perspectiva of El Paso, Texas PBK Architects, inc., of Dallas, Texas Dunkin Sims Stoffels, Inc., of Dallas, Texas Rialto Studio, Inc., of San Antonio, Texas TBG Partners of Austin, Texas ADC Inc., of Lubbock, Texas The following evaluation criteria was used to evaluate the proposals: Substantial successful experience in completing similar projects 20 % Demonstrated knowledge and understanding of the project 20 % Substantial representations regarding the firm's qualifications and demonstrated design skill appropriate to this project 25 Substantial capability to meet schedules and deadlines 25 % Performance based on previous work 10 % The committee members reviewed and rated the eight submitted proposals as follows: Carter & Burgess, Inc., of Dallas, Texas 75.6 PBK Architects, Inc., of Dallas, Texas 66.4 Dunkin Sims Stoffels, Inc., of Dallas, Texas 66.2 Rialto Studio, Inc., of San Antonio, Texas 65.6 MWM Architects, Inc., of Lubbock, Texas 63.4 Perspectiva of El Paso, Texas 59.4 TBG Partners of Austin, Texas 53.8 ADC Inc., of Lubbock, Texas 38.8 The City's selection committee consisted of Jim Bertram, Director of Strategic Planning; Tommy Gonzalez, Director of Civic Services; Corbin Pemberton, Interim Parks and Recreation Manager; Connie Gibbons, Fine Arts Manager; Gary Smith, Facilities Manager; Craig Wuensche, Park Development Coordinator; and Chad Davis, Landscape Architect. Through the first round of evaluation, four design teams were selected for oral interviews. One of the design teams, Rialto Studio based in San Antonio, elected to withdraw from consideration. The remaining three teams were interviewed on January 11, 2000. Those three teams were PBK Architects, based in Irving, Texas; Carter and Burgess, Inc, based in Dallas, Texas; and Duncan Sims Stoeffels, Inc. also based in Dallas, Texas. Based on the design team presentations and interviews, the review committee decided to enter into negotiations with PBK Architects. During negotiations with this firm, the review committee determined that there had been a misunderstanding regarding the varying roles that would be played by the members of the PBK design team. Subsequent negotiations revealed that the firm did not possess the unique 197 City Council Meeting March 23, 2000 Page 198 qualifications that were originally presented. On February 15, 2000, the City of Lubbock sent a certified letter to PBK informing them that staff were ending our negotiations with them and entering negotiations with another design team. On February 17, 2000, the City began negotiating with Carter and Burgess, Inc. Carter and Burgess, Inc., will retain the professional services of Parkhill, Smith and Cooper, Inc., for civil engineering and regulatory permitting involved in the project. The professional services of Kell Munoz Wigodsky will be retained for the architectural design for the project. The design will include an abbreviated master plan, permit applications, schematic design development and final construction documents. The design team will enlist the expertise of the Millennium Committee to establish goals, objectives and programs needs for the Outdoor Theater. The scope of work includes demolition, dirt work, site concrete, concrete seating area, stage building, restrooms, lighting/sound control booth, landscaping, fencing, utility service, site lighting and grass seating. A contract in the amount of $210,000 has been successfully negotiated with Carter and Burgess, Inc., of Dallas, Texas and is within the Professional Services budget. (27.) Resolution No. 2000-R0083Bid 09-309 — Owen Street Paving Improvements (Street Drainage Engineering). RESOLUTION N0.2000-R0083 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 Lone Star Dirt & Paving Contracting of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 23rd day of March, 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/ John Knight John Knight, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR W City Council Meeting March 23, 2000 Page 199 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of March, 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 Lone Star Dirt & Paving Contracting, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99-309 - OWEN STREET PAVING IMPROVEMENTS - $35,540.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secrewry APPROVED AS TO CONTENT: /s/ Larry D. Hertel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lone Star Dirt & Paving Contracting By: /s/ Wesley Sanders PRINTED NAME: Wesley Sanders TITLE: Partner COMPLETE ADDRESS: Lone Star Dirt & Paving Contracting 11820 University Avenue Lubbock, Texas 79423 199 City Council Meeting March 23, 2000 Page 200 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. This bid was awarded by City Council to Midwest Concrete, Inc., of Lubbock, Texas on February 10, 2000. However, Midwest Concrete failed to enter into a contract and execute all necessary bonds within the required time. Therefore, the bid award to Midwest Concrete has been cancelled and the bid bond forfeited. The next low bid is from Lone Star Dirt & Paving Contracting of Lubbock, Texas and is within the Street System Improvements - Construction Phase budget. (29.) Bid #00-006 - Lubbock Police Department Uniforms - Annual Pricing (Police Department). This bid establishes annual pricing for custom fitted uniforms for Lubbock Police Officers. Uniforms include shirts, trousers and uniform insignia worn by Lubbock police officers during the performance of official duties. These items are necessary to clearly identify police officers and guarantee uniformity of appearance. The low bid is $117,321 per annum from J.B. Battle Uniform Company of Oklahoma City, Oklahoma. The J.B. Battle Uniform Company has supplied the Lubbock Police Department with uniforms for the past two years. In the course of those two years, staff have become all too familiar with their incapacity to perform. More than 10 % of the uniforms in Battle's first shipment in 1998 were improperly sized or cut. Since that time, misfit problems are fairly common due to the typical measurement to delivery interval of six months. Battle's response to misfit problems is slow and vague. Delivery intervals have gone from a marginal 90 days to an unacceptable 5-7 months or more, causing problems not only in supply but also in budget planning and control. Despite repeated questions and advisories, occasionally answered with apparently false statements or promises, staff have seen no improvement. There is nothing proposed that would lead us to believe this situation will change. J.B. Battle Uniform Company is unworthy of continued patronage by the City of Lubbock, and staff recommended disqualification by history of poor performance. The second low bidder, Skaggs Public Safety, is offering uniforms manufactured by J.B. Battle Uniform Company and should be disqualified due to the unacceptability of their supplier to the Lubbock Police Department. The third low bid is $124,985 per annum from Texas State Uniforms, dba Direct Action Uniforms, of Dallas, Texas is disqualified for failing to quote custom -fitted uniforms, as specified. The fourth low bid is $140, 885 per annum from Red the Uniform Tailor, Inc., of Toms River, New Jersey and is within specification. Red the Uniform Tailor, Inc., is of good repute with several police departments known to use their uniforms. The initial term of the pricing agreement is one year, with an option to renew annually for up to two additional years at the same prices, terms, and conditions. 200 City Council Meeting March 23, 2000 Page 201 The lowest responsible bid is $140,885 annually from Red the Uniform Tailor, Inc., of Toms River, New Jersey and is within the Supply - Uniforms budget. (30.) Resolution No. 2000-R0084/Bid #00-007 - Construction of Sampling Wells in Bailey County (Water Utilities). RESOLUTION NO. 2000-R0084 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for Construction of Sampling Wells in Bailey County, by and between the City of Lubbock and Wilson Drilling Company of Muleshoe, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 23" day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ K.aythie 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 23rd day of March, 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 Wilson Drilling Co., of the City of Muleshoe, County of Bailey, 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: 201 City Council Meeting March 23, 2000 Page 202 BID #00-007 - CONSTRUCTION OF SAMPLING WELLS IN BAILEY COUNTY - $59, 625.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Bob Winkleman Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Wilson Drilling Co. By: /s/ Stanley R. Wilson PRINTED NAME: Stanley R. Wilson TITLE: Owner COMPLETE ADDRESS: Wilson Drilling Co. P.O. Box 405 Muleshoe, Texas 79347 This project involves constructing 15 monitor and sampling wells in the undeveloped portions of Lubbock's water rights in Bailey County. These sampling wells will establish an improved sampling program providing more accurate tracking of water quality changes, aquifer movement, water reserves and area static water levels in the south and southwest portion of the Bailey Count wellfield. This program will provide the information needed for future wellfield development of these areas of the Sandhills Wellfield. The low bid is $59,625 from Wilson Drilling Company of Muleshoe, Texas and is within the Water Production - Maintenance Other Equipment. (31.) Resolution No. 2000-R0085Bid #00-015 - Meal Service for Senior Citizen Centers (Indoor Recreation). 202 City Council Meeting March 23, 2000 Page 203 RESOLUTION NO.2000-R0085 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 Sodexho Marriott Services of Texas, a contract to furnish meals for the Lubbock Senior Citizen Meal Program, 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 City Council this 23" day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 A copy of the Contract is filed with Resolution No. 2000-R0085. The City of Lubbock contracts with the South Plains Association of Governments (SPAG) to provide meals to senior citizens within our community. The City has contracted with SPAG for the past 20 years. The City is obligated to provide a hot noon meal at the five senior citizens centers Monday through Friday. The City of Lubbock Senior Program utilizes a food vendor to prepare and deliver the meals to the various sites. Marriott Food Services has been preparing the senior citizen meals for the past four years. The City is currently receiving $34,895 from USDA, $115,966 from SPAG and approximately $60,000 in donations totaling $210,861 to serve a total of 63,000 meals. The low bid is $143,640 from Sodexho Marriott Services of Texas of Lubbock, Texas and is within the Program for Aging/Title 1 budget. (32.) Resolution No. 2000-R0086/Bid #00-017 - Furnish and Install Center Pivot Control System (Land Application Site). 203 City Council Meeting March 23, 2000 Page 204 RESOLUTION NO. 2000-R0086 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 Lease/Purchase Center Pivot Control System, by and between the City of Lubbock and Mesa Irrigation of Wilson, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 23rd day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0086. This bid provides for either the purchase or the lease of a center pivot control system for the Land Application Site. Utilizing the control system will greatly enhance the efficiency of the department including labor, vehicle maintenance, and irrigation system maintenance. The system is designed to control and operate up to 200 center pivots from the Land Application Site office by means of a computer programmed with a telemetry system. The computer communicates with each center pivot by means of a two-way radio system. The telemetry system will provide the operational status of all center pivots included on the system in real time. The system will also maintain various records including gallons per minute pumped, hours of operation, application rates, rain fall amounts, pivot events and date and time. Currently, this information is compiled, calculated and entered by hand. This information will be used to provide more accurate information to the TNRCC for permit requirements. The low bid for the lease of the center pivot control system is $241,628.75 (total payments over five years) and the low bid to purchase _ this asset is $215,201.91. The lease versus purchase will result in differing net cash outflows per year. The various amounts could be reinvested to earn interest. For purposes of the analysis, it was presumed cash could be reinvested to earn a rate of 6.6%. The reinvestment of the cash resulted in a lease reinvestment benefit of $29,841.83. By leasing, the City will have approximately $3,414 in 204 City C-ouncil Meeting March 23, 2000 Page 205 reduced "costs" over the five-year analysis period. The City will have $215,202 in net cash outflows if staff purchase and $211,788 in net cash outflows if staff lease. The low bid is $241,628.75 from Mesa Irrigation of Wilson, Texas and is within the Land Application Rent Lease Equipment budget. (33.) Bid #00-022 - Water Meters - Annual Pricing (Water Utilities). This bid establishes annual pricing for the purchase of various water meters used throughout the city. Water meters are used for billing the residential, commercial, industrial and contracted wholesaler for the amount of water measured through the meter. Some of these meters will be used to replace malfunctioning meters that are running too slow and those that have completely stopped working. The water meter also serves as the means for which wastewater disposal is billed. Part of the revenue generated on an annual basis for Water Utilities is from water sales and sewer disposal charges. The low bids are from the following companies: Master Meter of Longview, Texas $360,308.95 Hersey Meters Company of Cleveland, North Carolina $ 13,846.42 Western Industrial Supply of Lubbock, Texas $ 7,938.23 The low bids total $382,093.30 and this amount is within the Water Meters Replacement budget. (34.) Bid #00-027 - Office Furniture - Annual Pricing (Various Departments). This bid establishes annual pricing for the purchase of office furniture for City of Lubbock departments. Bids are stated as a discount off the manufacturer's retail catalog price at time of order. Highest discounts for various brands of office furniture were received from the following companies: Indoff Inc., of Lubbock, Texas Baker Office Products of Lubbock, Texas. Office Depot Store of Lubbock, Texas Hester's/McGlaun of Lubbock, Texas Gage Van Horn & Associates of Lubbock, Texas Indoff Inc., and Hester's/McGlaun submitted tie bids for items 8, 9, 15, and 16. Indoff Inc., and Gage Van Horn & Associates submitted a tie bid on item 13. Texas Local Government Code requires that, if two or more of the bidders submitting identical bids are residents of the municipality, the municipality must select one of those bidders by the casting of lots. In considering the tie bids, Mayor Sitton drew Indoff, Inc. for Items 8, 9, 15, and 16, and also drew Indoff, Inc. for Item 13. (35.) Resolution No. 2000-R0087Bid #00-029 - Contract Weed Shredding at Land Application Site (Land Application Site). 205 City Council Meeting March 23, 2000 Page 206 RESOLUTION NO.2000-R0087 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 Weed Shredding at the City of Lubbock Land Application Site, by and between the City of Lubbock and B&M Services Co. of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 23rd day of March, 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/ John Knight John Knight, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract is filed with Resolution No. 2000-R0087. This bid provides annual pricing for contract weed shredding to be performed at the Lubbock and Wilson Land Application Sites. Shredding is to be performed during the spring, summer and fall months on an as needed basis. Weed shredding is necessary to limit weed growth on the sites to improve the overall appearance. The initial term of the agreement is one year, with an option to renew annually for up to two additional years upon mutual agreement of both parties. The low bid is $20,670 annually from B & M Services Company of Lubbock, Texas and is within the Land Application Site Professional Services budget. (36.) Bid #00-042 - Fire Station Alerting Equipment (Fire Department/Radio Shop). This bid is for the purchase of fire station alerting equipment that will replace an aging system currently used by the Fire Department. This equipment will be used to notify the fire stations of incidents reported by citizens needing emergency response by fire personnel. The current system has become difficult to maintain due to its age and technology. The Radio Shop will install the new alerting equipment in the fire dispatch center and each of 15 fire stations. The technology of the new fire station alerting equipment will allow many of the fire dispatch processes to be automated. This will provide a 206 City Council Meeting March 23, 2000 Page 207 more efficient fire dispatch system by providing faster response times and more reliable dispatches to the fire stations. The technology will permit "soft start alerts" that will allow the audible alert at the fire station to be less stressful for the fire personnel by starting at low-level volume and increasing to full volume. The Radio Shop Manager and Assistant Fire Chief evaluated the low bid submitted by Texas Communications of San Angelo, Inc. of San Angelo, Texas. Their equipment was compared to the City of Lubbock's bid specifications and found to fully meet the criteria outlined in the bid specifications. Additionally, references given by the low bidder were checked and, without exception, each reference gave a good report on the company and the results of their performance. References for the manufacturer of the equipment were also checked and a site visit to Amarillo was conducted to see the equipment in operation. It was determined that the equipment will fully meet the requirements of the City of Lubbock. The low bid is $42,447 from Texas Communications of San Angelo, Inc., of San Angelo, Texas and is within the Fire Station Paging and Alarm budget. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA ORDINANCES FOR PASSAGE (36.) ORDINANCE #2000-00011—authorizing the issuance of $7,000,000 "TEXAS GENERAL OBLIGATION BONDS, SERIES 2000" and execution of all necessary documents related to the issuance (second and final reading). ORDINANCE NO.2000-00011 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2000"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. The first reading of the bond ordinance to issue $7,000,000 in "City of Lubbock, Texas General Obligation Bonds, Series 2000" was passed on February 24, 2000. On March 23, 2000, the bonds will be sold competitively. Bidders will be able to place bids via mail, phone, fax and through an electronic site. The bids will be accepted until 11:00 a.m. and then they will be verified and the lowest bid will be identified. The results of those bids will be presented in the regular City Council meeting at a posted time of 11:00 a.m., and an actual time of between 11:15 a.m. - 11:30 a.m. depending on how long it takes to recalculate and verify the bids. 207 City Council Meeting March 23, 2000 Page 208 City Council will be asked to approve the recommendation for lowest bidder meeting specifications as well as approve the second reading of the ordinance and make final approval of all necessary documents related to the issuance. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to pass on second and final reading Ordinance No. 2000- - 00011 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The Consent Agenda was considered next. PUBLIC HEARINGS (37.) Ordinance No. 2000-00017 - Zone Case No. 2878 (3005 Slide Road): Hold a public hearing to consider request of Harley Hughes (for Gene Bell) for a zoning change from C-3 to IHC on Lot 310, Midway Park Addition. ORDINANCE NO.2000-00017 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2878; A ZONING CHANGE FROM C-3 TO IHC ZONING ON LOT 310, MIDWAY PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:45 a.m. Harley Hughes appeared on behalf of Gene Bell. No one appeared in opposition. Mayor Sitton closed the hearing at 11:47 a.m. Randy Henson, Senior Planner, presented staff comments. The proponent is planning to recycle an abandoned service station as a car lot. Land use in all directions is commercial. The proposal is consistent with the Comprehensive Land Use Plan. The staff used this request to illustrate again that within the year, an East/West Freeway corridor plan will be prepared to review existing land uses in consideration of a corridor -long zone case. The intention to date has been to recommend IHC for the commercial rezoning along the corridor, and this request will fit what is envisioned as the proposal in this vicinity. The IHC includes most C-4 uses but requires an increased development standard for the appearance of structures. The request will have little or no effect on traffic. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2000- 00017 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 208 City Council Meeting March 23, 2000 Page 209 (38.) Ordinance No. 2000-00018 - Zone Case No. 2173-C (131 W. Loop 289): Hold a public hearing to consider request of Muff London (for Another Attic, LTD.) to amend the current C4 Specific Use permit for mini warehouses to add truck/trailer rental and for a zoning change from C-2 on an adjacent tract to C-4 Specific Use to allow mini warehouses, trailer/truck rental and all permitted C-2 uses on Tract M-1 and Tract M-2, Va&perwood Addition. ORDINANCE NO.2000-00018 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE; OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2173-C; AMEND ORDINANCE NO. 9905 TO ALLOW FOR TRUCK/TRAILER RENTAL ON TRACT M-1 AND A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING TO ALLOW MINI WAREHOUSES, TRUCK/TRAILER RENTAL AND ALL PERMITTED C-2 USES ON TRACT M-2, WHISPERWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE ANI) PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:48 a.m. Muff London appeared on behalf of Another Attic, LTD. No one appeared in opposition. Mayor Sitton closed the hearing at 11:50 a.m. Randy Henson, Senior Planner, presented staff comments. TRACT M-1: Amend the current C-4 Specific Use permit for mini warehouses to add truck/trailer rental. TRACT M-2: Change from C-2 to C-4 Specific Use to allow mini warehouses, trailer/truck rental and all permitted C-2 uses. Several years ago, the proponent processed a case for a mini warehouse project. They are proposing adding about one acre east of the existing project to the mini project as well as formalizing a truck/trailer rental aspect that was not included in the original discussion. Adjacent land uses are commercial zoning or the Loop in all directions. The project is successful and has fit the area well. It is consistent with both Comprehensive Land Use Plan and zoning policy. At other locations where truck/trailer rental have been approved adjacent to thoroughfares, conditions have been established regarding the number of units parked between the street and buildings, with the rest stored in a rear area. The project will have no effect on traffic. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. Prior to construction on the east undeveloped lot, storage of trucks or trailers shall be on a paved surface along the existing fence and south of a line extended from the front of the current structure facing Loop 289. 2. Pending new construction, a maximum of two units may be parked between the existing buildings and the Loop service road. 209 City Council Meeting March 23, 2000 Page 210 All others shall be in the compound or along the fence (noted in #1). 3. After construction on the undeveloped lot, a maximum of four units may be displayed between Loop 289 and the fronts of any existing or new structures. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00018 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (40.) Ordinance No. 2000-00019 - Zone Case No. 1893-W (north of 4' Street and west of Frankford): Hold a public hearing to consider appeal of ADC, Inc. (for Mark G. Anderson) for a zoning change from GO to R 2 for duplexes on a portion of land out of Lot 2, Block J-S. ORDINANCE NO.2000-00019 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-W; A ZONING CHANGE FROM GO TO R-2 SPECIFIC USE ZONING ON A PORTION OF LAND OUT OF LOT 2, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:51 a.m. Mark G. Anderson and Jim Whooten appeared in favor of the zone case. No one appeared in opposition. Mayor Sitton closed the hearing at 11:53 a.m. Randy Henson, Senior Planner, presented staff comments. The proponent is appealing a denial by the Planning and Zoning Commission. The request would replace a strip of Garden Office zoning with R-2 which provides for duplex, garden home or townhome construction. The proposal is for duplex construction. Adjacent land uses: North - residential, primarily single family although the property remains zoned A-1. The A-1 District allows construction of single family, townhome, garden home, duplex and apartment units. South - C-3, vacant East - apartment zoning, vacant West - apartment zoning, vacant As R-2, the Comprehensive Land Use Plan recognizes GO and R-2 as a suitable buffer between single-family and commercial. Thus, the Plan finds no fault with the request. The staff suspects the owners of lots north of 3' are surprised to learn that this request is more restrictive than the zoning on their lots. They may band together to file a zone case on their property to R-1 Specific Use for garden homes. 210 City Council Meeting March 23, 2000 Page 211 The proponent may come to an agreement with the neighbors who will withdraw opposition subject to specific conditions on appeal to the Council. If so, it is the opinion of the staff that the Planning Commission would be in agreement. Since the area where many of the adjacent owners in opposition is zoned A-1, a cul-de-sac on the east end of the subdivision is built with townhomes occupied by numerous students and other young non -family persons. The prohibition of "not more than two unrelated residents" does not apply and the landlords have taken advantage of the fact. The neighbors are fearful that similar conditions would develop within this row of duplex units, even though the limitation of not more than two unrelated applies. The Planning and Zoning Commission recommended denial of the R-2 request. The staff supports the denial. If an agreement is made to amend the request with conditions and the opposition of adjacent owners is withdrawn, the staff would support the request. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance No. 2000-00019 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (41.) Ordinance No. 2000-00020 - Zone Case No. 2439-C (2209 Slide and 5010 24`h Street): Hold a public hearing to consider request of Charles Skibell for a zoning change from R-1 to R-1 Specific Use for garden homes on Lots 49 and 50, Bobalet Heights Addition. ORDINANCE NO.2000-00020 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2439-C; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 49 AND 50, BOBALET HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:56 a.m. Charles Skibell, Terry Holman, Mitchell Putman, and Patsy Day appeared in favor of the zone change. Daniel Hardy appeared in opposition. 12:45 P. M. COUNCIL RECESSED 1:03 P. M. COUNCIL RECONVENED After the break, the following people also spoke in opposition: B.J. McNulty, Sammy Deeb, Kevin Moore, Glen Morgan, and Betty Freed. Mayor Sitton closed the hearing at 2:17 p.m. 2:18 P. M. COUNCIL RECESSED TO EXECUTIVE SESSION 2:59 P. M. COUNCIL RECONVENED Randy Henson, Senior Planner, presented staff comments. In a previous zone case, the notice to adjacent owners was not provided correctly. The Appraisal District adjusted lot numbers in the Bobalet 211 City Council Meeting March 23, 2000 Page 212 Addition, but the changes did not get translated correctly to the City KIVA database. The resulting error voids the first action. As in the previous case, Mr. Skibell is requesting two lots zoned as R-1 to be changed to R-1 Specific Use for garden homes. The area is just over three acres and 14 lots are proposed. Adjacent land uses are single- family in all directions. The property in question is illustrated as residential on the Comprehensive Land Use Plan. Thus, the request is consistent with the Plan. Regarding zoning policy, the request is consistent with all the technical aspects of a garden home request. The single and most sensitive issue is the reaction of adjacent property owners. The file indicates that the owners of all the lots east of Slide and adjacent to the two parcels are opposed. Council approval will require a 6/7 vote. During the last hearing the staff expressed the value of these infill projects to the public: • Unused property that tends to depreciate the area is put into viable service. • Infill projects use existing infrastructure such that new residents make use of property without additional capital costs to the community. The concerns noted by adjacent owners included: • Increased traffic; • Decrease in the large lot quality of life; • The proponent wishes to make a profit at the expense of the adjacent residents; • The project violates a "trust" for the owners of the large lots; • The residents felt deceived by the letter from Skibell requesting the deed restriction change (that all the adjacent owners were in support); • The project might set a precedent for future projects on large lots in the subdivision; • The new residents would consider the non -conforming presence of horses in the vicinity a nuisance and cause problems; • The home to the east would have seven new backyards across their side lot line; • The project would interfere with the 15-foot existing easement (this misconception was corrected by staff that an alley or easement would remain). The staff continues support for the concept of infill with a respectful notice of the neighbors concerns. Of the issues outlined above, only the screening of the two adjacent lots seems to have technical merit. Even then, newcomers in subdivisions located elsewhere are not expected to screen their homes. However, the size and proximity of this project to the two adjacent remaining lot merit some discussion about screening. While an increase in traffic has been cited, fourteen units would add a 212 City Council Meeting March 23, 2000 Page 213 minimal number of vehicles to 24' Street in terms of what the street is designed to carry (not to be confused with the desire of the existing residents to have less traffic). A letter requested by Mr. Skibell from Jere Hart is included in Council back-up. A majority of the vehicles from the new development would access Slide and not disturb the neighbors to the east. The Planning and Zoning Commission recommended approval of this request subject to the following condition: A decorative masonry wall shall be placed on the north, west and east that conforms to visual access guidelines at 24' Street and Slide Road as well as the existing alley east of Slide Road. With an understanding for the neighbors feelings and their view of "inharmonious", the staff continues to supports the request from all the technical aspects of residential development and supports the Planning Commission recommendation. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2000- 00020 with the screening condition as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted nay. (42.) Hold a public hearing to consider an amendment for the Comprehensive Land Use Plan in the vicinity of Wausau to Alcove from 82" Street to the Brownfield Highway. Mayor Sitton opened the public hearing at 3:43 p.m. No one appeared in favor of the amendment. No one appeared in opposition. Mayor Sitton closed the hearing at 3:43 p.m. Randy Henson, Senior Planner, presented staff comments. The Council recently approved an amendment to the Comprehensive Land Use Plan for the area annexed in 1999. The discussion included the statement that several areas would need additional consideration and refinement of the proposal. Along 82' Street from Wausau to Alcove (the new city limit) and north to the Brownfield Highway, the proposed amendment would recognize commercial continuing along 82' and a strip along the Brownfield Highway. The small triangular area left between is too small to expect a traditional single-family development and is proposed as medium to high density residential with a proper buffer for the existing subdivision to the east (Rancho Verde Estates). Inherited with the annexation was a strip of commercial from Quincy (the half section between Milwaukee and Upland) to Wausau (the half section between Upland and Alcove) along 82'. While contrary to current Land Use Plan policy, the proposed Plan recognizes the existing status. To expect the less than one-half mile from Wausau to the intersection of Brownfield and Alcove to develop with residential adjacent to 82°d Street, with the existing adjacent land uses, is not a realistic market condition. With a future zone case addressing the need for a reduced number of curb cuts along 82nd Street, the proposed policy should not diminish the functionality of the newly expanded thoroughfare. The Planning Commission recommended approval of the change. The staff supports the recommendation of the Planning Commission 213 City Council Meeting March 23, 2000 Page 214 TRANSPORTATION SERVICES (43.) Resolution No. 2000-R0088 declaring a public necessity for paving improvements on portions of 98`h Street and Milwaukee Avenue, and directing the City Engineer to prepare plans and specification for such improvements. RESOLUTION NO.2000-R0088 A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF A STREET IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portions of streets in the City of Lubbock and along the boundaries thereof be improved as herein provided, to wit: 98'' Street from Indiana Avenue to University Avenue Milwaukee Avenue from FM 2255 (4' Street) to 34' Street SECTION 2. THAT said portions of the above -described streets shall be improved by raising, grading and filling same, by installing curbs and gutters, and by installing base material and asphaltic concrete surface or concrete street paving with the street right-of-way; SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. SECTION 4. THAT such improvements shall be paid for in the following manner: (a) The abutting property and the owners thereof shall pay and shall be assessed for all the costs of constructing curbs in front of such respective property and a part of the remaining cost of such improvements; provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed ninety percent (90 %) of the cost of the improvements plus the cost of the curb; and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate to such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed the benefits. (b) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under subparagraph (a) above shall be paid by the City of Lubbock. SECTION 5. THAT the amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments, the first of which shall become due on or before twenty (20) days after completion and acceptance by the City Council of the improvements in the unit on which the property abuts; the second, third, fourth and fifth installments shall become due one, two, three and four years respectively after completion and acceptance by the City Council of the improvements in the unit upon which the property abuts, and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent (8 %) per 214 City Council Meeting March 23, 2000 Page 215 annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. SECTION 6. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneys' fees and costs of collection, if incurred, all under and in accordance with the Charter of the City of Lubbock and amendments thereto, now in force in this City, and in accordance - with the provisions of Subchapter D of Chapter 314 of the Texas Transportation Code. SECTION 7. THAT this Resolution shall take effect and be in force from and after its passage. Passed by City Council this 23rd day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This resolution is the first of five resolutions associated with an assessment program for the construction of paving improvements as follows: 82°d Street from Indiana Avenue to University Avenue Milwaukee Avenue from FM 2255 (4' Street) to 34'h Street On assessment paving the property owners may be assessed for 90 % of the paving cost and 100 % of the curb and gutter cost. The plans for both 98' Street and Milwaukee Avenue are being prepared by TxDOT, and will be available for inspection at their office. Staff recommended approval of this resolution. — Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 2000-R0088 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal was away from the dais. (44.) Resolution No. 2000-R0089 approving estimates of the cost of paving improvements on an assessment program on 82°d Street and setting the date and time for a public hearing for the owners of the abutting property. 215 City Council Meeting March 23, 2000 Page 216 RESOLUTION NO.2000-R0089 PROJECT NO. 9516 82nd STREET ASSESSMENT PAVING PROGRAM A RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, CONSTRUCTING CURB AND GUTTER, AND PAVING PORTIONS OF A CERTAIN STREET ALONG THE — BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING FOR THE OWNERS OF ABUTTING PROPERTY AND OTHER PERSONS INTERESTED IN SAID PROPERTY, AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID HEARING ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the City Council of the City of Lubbock as heretofore ordered that a portion of said street be improved by grading, installing concrete curb and gutter and street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch asphalt surface, together with incidentals and appurtenances; and WHEREAS, the City Council of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT such estimates be and are hereby adopted and approved. SECTION 2. THAT notice of a hearing be given to the owners of property abutting upon the hereinbelow mentioned portions of said street and to all others interested in said property. The Governing Body of the City of Lubbock has heretofore ordered that the following portions of said street in and long the boundary of the City of Lubbock, Texas, be improved by raising, grading, filling and installing concrete curbs and gutters, street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch asphalt surface where necessary on said street designated below. It is hereby found and determined that the cost of the improvements on such portions of said street with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof, on the portions of said street is as follows, to -wit: The following eighty-six (86) foot wide street: 82nd Street from Avenue U East to US Highway 87 known and designated as Unit Number 2386, Sub -Unit 001. The total estimated cost of the improvements is $2,467,445.52. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $10.08. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $58.42 for front property in R-1 or R-2 zones, and $97.38 for front property in other than R-1 or R-2 zones. An arrangement for the making and construction of such improvements with pavement of one and one-half (1-1/2) inch asphalt surface and a compacted caliche base and/or asphalt stabilized base in said street has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof, have been filed with the 216 City Council Meeting March 23, 2000 Page 217 City, such rolls or statements showing other matters and things, and have been approved; and the City Council of said City, has fixed a time and place for a hearing for the owners of property abutting upon said portions of said street and for all others interested in said property, at which hearing the amounts to be assessed against the respective parcels of abutting land the owners thereof for improvements to the unit upon which the particular parcels of property abut the amount of benefits to the respective parcels of property abut, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined; and after such hearing, assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in the regular City Council Meeting Room in the Municipal Building, 1625 13' Street, in the City of Lubbock, Texas, on the 27r' day of April, 2000 at 11:30 a.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Engineer of the City of Lubbock and open to inspection by any interested parties, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. 2000. By order of the City Council of the City of Lubbock, this the 23'd day of March, No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. SECTION 3. THAT a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, for all persons owning or claiming any interest in property abutting any part or portion of said street described in Section 2 of this Resolution, as well as all other persons in anywise affected or interested. Such hearing shall be given and held on the 27" day of April, 2000 at 11:30 a.m. o'clock on the first floor in the Municipal Building, City of Lubbock, Texas, and the City secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of (Subchapter D of Chapter 314) of the Texas Transportation Code. Such notice shall be advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States Mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting said street, or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock, and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City, at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this Resolution and said provisions of the Transportation Code. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS THE 23RD DA OF MARCH, 2000. Y 217 City Council Meeting March 23, 2000 Page 218 Passed by City Council this 23' day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 This is the fifth and final resolution associated with an assessment program for the construction of paving improvements. The proposed improvements consist of the following: 82nd Street from Avenue U East to U. S. Highway 87 A date and time need to be established so that the required notification can take place. The April 27, 2000 City Council meeting is proposed for the date. 82" a Street was not petitioned, but is being paved at Council direction. The paving improvements on this street are an approved project in the Street Capital Projects Budget. cotto bee hargedetof thethe ing ing will be to establish the portion of t he property owners. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by _ Councilmember Hernandez to pass Resolution soluti n 6 o Yeas,200 000 9 as recommended by staff. Motion s. Councilmember McDougal was away from the dais. CIVIC SERVICES (45.) Resolution No. 2000-R0090 authorizing the utrafors er o funds to and the Lubbock Convention and Visitors installation of lighting equipment that is required for the Miss Texas USA Pageant. RESOLUTION NO.2000-R0090 WHEREAS, in 1999 the Lubbock Convention and Visitors h ureau bid ; and for and was awarded a contract to host the Miss Texas USA Pageant g WHEREAS, one of the requirements of the said contract rov dels an obligation on the supplemental lighting part of the Lubbock Convention then n the inventod Visitors ry he Municipal Auditoriums lighting reau to over and above the lightingn i inventory; and 218 City Council Meeting March 23, 2000 Page 219 WHEREAS, the cost to the Lubbock Convention and Visitors Bureau for renting the supplemental lighting over the life of the contract is estimated to be Two Hundred Sixty Six Thousand and no/100 Dollars ($266,000.00); and WHEREAS, the cost of purchasing the supplemental lighting equipment is estimated to be One Hundred Twenty Six Thousand and no/100 Dollars ($126,000.00); and WHEREAS, the Lubbock Convention and Visitors Bureau has proposed the purchase of the supplemental lighting. Forty Two Thousand and no/100 Dollars ($42„000.00) of the purchase price is proposed to be transferred to the Lubbock Convention and Visitors Bureau from the Hotel Motel Tax Reserve with a requirement that Lubbock Convention and Visitors Bureau reimburse the Hotel Motel Tax Reserve over the next two years; and WHEREAS, the City Council of the City of Lubbock finds that the proposed transfer and use of Forty Two Thousand and no/100 Dollars ($42,000.00) from the Hotel Motel Tax Reserve complies with the requirements of Tax code Section 351.101; and WHEREAS, the Lubbock Hotel Motel Association has expressed its support for the use of funds from the Hotel Motel Tax Reserve for the purchase of the supplemental lighting; NOW THEREFORE: 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 on behalf of the City of Lubbock to transfer funds in the amount of Eighty Four Thousand and no/100 Dollars ($84,000.00) to the Lubbock Convention and Visitors Bureau for the purchase and installation of lighting equipment for the Municipal Auditorium that is required for the Miss Texas USA Pageant. These funds would be transferred from the Hotel Motel Tax Reserve Fund in the amount of Forty Two Thousand and no/100 Dollars ($42,000.00) to be repaid by the Convention Bureau over a two (2) year period and from an existing capital project in the amount of Forty Two Thousand and no/100 Dollars ($42,000.00) from the General Facilities and System Improvements Fund. Passed by City Council this 23`d day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director, Civic Services APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney 219 City Council Meeting March 23, 2000 Page 220 In 1998/99, the Lubbock Convention and Visitors Bureau bid on and was awarded the Miss Texas USA Pageant for Lubbock. Following the 1999 Pageant, they were awarded the bid to host the Pageant for four more years. One of the requirements for hosting the pageant is to provide supplemental lighting over and above what the Auditorium has in its inventory. The cost associated with renting this equipment was approximately $66,500 a year to the Bureau. If the Convention Bureau were to continue to rent this equipment over the next four years, the cost is estimated to be $266,000. This is a conservative estimate and doesn't take into account any inflation in rental cost. If they were to purchase the equipment, the cost is estimated to be approximately $126,000. Although outfitting the Auditorium would not address every single need of the pageant organizers, it would come very close. There would possibly be a few exceptions, such as intellibeams, which would still need to be rented by the Bureau. Estimating an additional lighting rental for miscellaneous lighting of approximately $4,224 per year, the total four year cost to purchase and rent some additional equipment would run about $142,900. This would mean a savings to the Bureau of approximately $123,000 over the life of the contract. Staff is proposing the following scenario: 1. The Convention and Visitors Bureau would purchase the equipment required for the pageant. 2. Funding would be provided as follows: a. The Bureau would fund 1/3 of the cost from their operating funds, approximately $42,000. b. The amount of $42,000 would be transferred to the Convention Bureau from an existing capital project in the General Facilities and System Improvements Fund. C. The amount of $42,000 would be transferred to the Convention Bureau from the Hotel Motel Tax Reserve with the provision that the Bureau will reimburse the Reserve Fund over the next 2 years. The amount of $21,000 would be deducted from their allocation each year to cover the reimbursement. No interest would be charged. The statute covering the use of Hotel Motel Tax funds states that revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry and that the use can include "the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation and maintenance of convention center facilities...". The statute also defines "convention center facilities" as "civic centers, civic center buildings, auditoriums, exhibition halls, and coliseums that are owned by the municipality...". In staff s opinion, this is a valid use of these funds. This event as well as others held in the facility brings people in from out of town. In addition, the Miss Texas USA Pageant telecast provides airtime for the Bureau to showcase the City and promote our tourist attractions and amenities. Other events, such as the Broadway Series, which brings in people from out of town to attend the shows, will benefit from this equipment as well. As an example, the production of " 1776" generated approximately 150 220 City Council Meeting March 23, 2000 Page 221 hotel room nights for the cast and crew alone and the upcoming production of "Beauty and the Beast" is expected to generate from 560- 640 room nights from just the cast and crew. Should the Bureau be able to extend the contract with the Miss Texas USA Pageant, there would also be additional savings to the Bureau. This proposal was presented to the Lubbock Hotel Motel Association at their monthly meeting on March 14, 2000 and they voted in support of this project and expenditure. In an effort to save the community over $100,000 in expenditures by the Bureau, it is staff's recommendation that funds in the amount of $84,000 be transferred to the Lubbock Convention and Visitors Bureau to assist with the purchase of additional lighting for the Municipal Auditorium. This lighting is required for the Miss Texas USA Pageant and potentially other events that generate hotel motel tax. These funds would be transferred from the Hotel Motel Tax Reserve Fund ($42,000) to be repaid by the Convention Bureau over a two year period and from an existing capital project ($42,000) in the General Facilities and System Improvements Fund. The Bureau would be funding 2/3 of the cost of the system with the City funding the remaining 1/3. Staff recommended that Council approve this transfer. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass Resolution No. 2000-R0090 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince was away from the dais. MISCELLANEOUS (46.) Resolution No. 2000-R0091 authorizing the Mayor to execute an agreement between Fiestas del Llano, Inc. and the City of Lubbock for the purposes of developing and leasing a building located at 2422 3rd Street, formerly known as the Lubbock Fire Station No. 4, for use as a Hispanic Heritage & Cultural Arts Center. RESOLUTION NO.2000-R0091 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 a lease agreement and any associated documents by and between the City of Lubbock and Fiestas del Llano, Inc., which lease agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. 221 City Council Meeting March 23, 2000 Page 222 Passed by City Council this 23rd day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 2000-R0091. The agreement between the City of Lubbock and Fiestas del Llano, Inc. includes Fiestas expending a minimum of $463,104 to renovate and construct improvements to the former Fire Station No.4 building. These improvements will be financed by Fiestas and will not require the City to expend any funds. The Lease may be terminated: (1) if Fiestas shall fail to establish to the satisfaction of the City within three years of the date of execution of the agreement that it has sufficient funds on hand in a dedicated account to renovate the property for its intended use; (2) The renovations to the building have not yet been completed within five years after the execution of the contract; (3) Expiration of the term stated; (4) Upon violation of the contract; (5) The termination of the contract is mutual between both parties. The term of this agreement will begin upon the date of execution of the contract. The initial term is for ten years with the option to renew for additional years. The annual rental on the property will be $100. Currently there is a roof leak that damaged portions of the interior ceiling that requires asbestos abatement. Fiestas has agreed to make the necessary repairs to the roof within forty-five days after the execution of the contract. The City will be responsible for repairing presently damaged portions of the interior ceiling including asbestos abatement where needed and cleaning up fallen materials containing asbestos. Fiestas will be responsible for any future asbestos abatement or cleanup required during the term of the agreement. 222 City Council Meeting March 23, 2000 Page 223 Fiestas will have the full responsibility to supervise, operate and manage the day-to-day operations of the Hispanic Heritage & Cultural Arts Center. The Center's manager will determine the fee schedule for all services and rates charged by the center that will be consistent with fees and rates prevailing in the community. The contract between the City of Lubbock and Fiestas del Llano Inc. will benefit the community because it will renovate a city facility without using taxpayer dollars while providing a look at the Hispanic culture in -- West Texas. Staff recommended Council authorize the Mayor to execute the agreement between the City of Lubbock and the Fiestas del Llano, Inc. to renovate and use the former Fire Station No. 4 building. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 2000-R0091 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. BOARD APPOINTMENTS (47.) Consider two appointments to the Building Board of Appeals. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Tim Minnix and Pat Lewis to the Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays. (48.) Consider one appointment to the Community Development and Services Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Al Celaya to the Community Development and Services Board. Motion carried: 7 Yeas, 0 Nays. (49.) Consider one appointment to the Board of Health. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Dr. J. Davis Armistead to the Board of Health. Motion carried: 7 Yeas, 0 Nays. (50.) Consider five appointments to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Helen Edgar, Cleve Haley, Larry Lowe, Betty Bowen, and Janie Ramirez to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (51.) Consider one appointment to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Deborah Lopez to the Neighborhood Redevelopment Commission. Motion carried: 7 Yeas, 0 Nays. 223 City Council Meeting March 23, 2000 Page 224 (52.) Consider three appointments to the Park and Recreation Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Doris Henderson, Gary Loden, and Jerry Ramirez to the Park and Recreation Board. Motion carried: 7 Yeas, 0 Nays. 3:53 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Nelson seconded the motion. Motion carried: 7 Yeas_ 0 Navc_ ATTEST: i 1 _ r Kayth�arnell, City Secretary Read and approved this ! day of 2000. ATTEST: 224