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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/25/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 25, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 25`b day of May, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:38 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson 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 (Energas, Environmental Inspection, Lubbock Power & Light, Parks Department, Police Department, Stormwater Engineering); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Facilities Management, Transportation, Water Utilities). 7:39 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 (Energas, Environmental Inspection, Lubbock Power & Light, Parks Department, Police Department, Stormwater Engineering) . ( 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: Community Development and Services Board Culture and Arts Commission Lubbock Libraries Board City Council Meeting May 25, 2000 Page 314 ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Facilities Management, Transportation, Water Utilities). 9:36 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Councilmember Hernandez. ( 6.) Presentation on a grant application for a Library Program Grant under the State Partnership Grant Program of the Bill and Melinda Gates Foundation by Jeff Rippel, Library Director. See Item #26 on the consent agenda for comments and information on this item. ( 7.) Presentation on revised budget for FY1999-2000 and calendar for FY2000-2001 by Anna Mosqueda, Director of Management Services. Staff presented the revised budget for Fiscal Year 1999-2000 for the General and Enterprise Operating Funds as well as Capital Projects. A summary by fund was provided. In addition, the calendar for the upcoming Fiscal Year 2000-2001 budget work sessions was presented. Although the Council work session dates have been confirmed on Council member calendars, this will provide a quick review of the process and dates. Staff recommended approval. Agenda comments are behind item #15. An ordinance has been placed on the Council consent agenda for Council action. ( 7A.) Discuss moving the regularly scheduled City Council meeting from June 22, 2000 to June 20, 2000 to accommodate the schedules of Council members and to facilitate the need to hold an evening Community Development public hearing by Bob Cass, City Manager. The Community Development Department needs to hold an evening public hearing in the month of June. Due to conflicts and commitments in the Council members' individual schedules, the need to move the second City Council meeting in June from Thursday to Tuesday will allow all Council members to be present for the public hearing. Staff recommended the change in the second City Council meeting in June from June 22 to June 20, 2000. 10:28 A. M. WORK SESSION RECESSED 10:39 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Victor Hernandez 314 City Council Meeting May 25, 2000 Page 315 Mayor Sitton called the meeting to order at 10:39 A. M. (8.) Mr. Keith Mask, Minister of Monterey Church of Christ, gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Culture and Arts Commission Receiving: Charles Adams (unable to attend) Alice Chavez Gayle Hall Keep Lubbock Beautiful Advisory Committee Receiving: Tim Oliver (unable to attend) CITIZEN APPEARANCES (10.) Presentation of a special recognition to Christ the King Middle School students for outstanding community service and volunteerism in the Lubbock Community. Students from the Christ the King Middle School have performed a number of community service projects throughout the city during the past school year. Community service was performed every Friday morning throughout the school year, and the average number of students at each service project was approximately six, although the actual number could be as high as twelve students. Parent volunteers made the projects possible by driving the students to various locations to perform the tasks. Community service was performed at Catholic Family Services, Jackson Elementary School (reading and tutoring second graders), South Plains Food Bank and Community Gardens, Windcrest Senior Citizens Center (visiting with residents), and helping with Meals on Wheels delivery. The recommendation for this Special Recognition came from the City's Environmental Inspection Services (EIS) Department, as these student volunteers worked with EIS staff and picked up trash at problem sites around the city. In addition, they helped the graffiti removal crew to remove graffiti from various sites throughout the city. EIS staff was tremendously pleased with the generous, dependable, and responsible community service they received from these Christ the King students. For this reason, they have asked that a Special Recognition be presented in thanks for their service to the City of Lubbock, as well as to the Lubbock community. Mrs. Sue Wanjura, religion teacher and coordinator of community services program, as well as Bryan San Francisco, president of the Christ the King Student Council, will be present to accept the Special Recognition along with approximately 15 students and parents. With the City Council's emphasis on youth, it is appropriate to recognize these students who have taken time from their schedules to regularly provide community service for worthy organizations as well as for the City of Lubbock. A special recognition was presented in honor of the community service performed by the students at Christ the King Middle School. 315 City Council Meeting May 25, 2000 Page 316 (11.) Presentation of a special recognition to Kathrine Eggers for the role she played in saving the life of Mr. Larry Parks. On April 17, Kathrine Eggers administered first aid to Mr. Larry Parks, who had severely cut himself on window glass as he was working on a residence. Without the initial aid of Ms. Eggers, medical experts who later responded stated that the cut was severe enough that Mr. Parks could have bled to death. Councilman Patterson brought Ms. Eggers' actions to the City of Lubbock's attention and requested that a commendation in the form of a special recognition be read in Council. A special recognition was presented to Kathrine Eggers for her quick response in administering first aid and saving the life of Mr. Larry Parks. (12.) Presentation of the Legendary Service Star Award for May. The Legendary Service Star Award recognizes an employee or team which has exhibited exemplary customer service. There were eight nominations for the May Star Award. The recipient of the May Legendary Service Star Award is the Building Service team comprised of Sid Beach, David Love, Doug Taylor, Joe Nusz, Alfred Washington and David Lopez. This team was nominated by Mary Andrews, Director of Human Resources, for their assistance in building the equipment used in validating the Police Physical Ability Test. The crew used a set of specifications provided by the vendor to build strength assessment equipment and obstacle course stations for use in testing police applicants. Ms. Andrews complimented the team for their hard work and great cooperation in the joint venture that also resulted in cost savings for the City. Bob Cass, City Manager, presented the award. TOP TEN LIST This item was presented following Consent Agenda. Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Legendary Service Star Award. The Legendary Service Star Award recognizes City of Lubbock employees who exemplify the concept of "Legendary Service". Legendary service is customer service which affirms the organizational values of the City's Mission Statement, displays quality and represents extraordinary effort. int real customer. "legendary service" may be delivered to either anexternalor Each month, the managing directors w11 review and the Citytes and Manager11 lect the Legendary Service Star Award Recipient, then make the presentation to the recipient at the next council meeting. The award consists of a gold star lapel pin, a recognition certificate, and a $50 dinner certificate. No. 9 is Under the Stars. What better place on earth is there to experience outdoor cultural events than the natural beauty of a canyon amphitheater right here in Lubbock, Texas? When , completed, this privately owned project in east Lubbock will easily accommodate a 000 outdoor events, large and small, and also include a pavilion, 316 City Council Meeting May 25, 2000 Page 317 square foot enclosed meeting area, and a beverage garden. The combination of our clear skies and musical heritage will find a good home in this latest venture to promote the arts and their entertaining qualities. No. 8 is Buckled Up. "Buckle Up America!" It's a law that saves lives, but we still need to be reminded of this fact. More children in the U. S. die every year because of inadequate safety car restraints than any other cause. This week is Buckle Up America Week. Local entities such as the Injury Prevention Coalition, the City's Traffic Engineering Department and Health Department, as well as retail businesses have teamed up to provide safety seat checkpoints for car owners. This week alone there were three safety seat checkpoints set up in our area to check the installation and integrity of your child's safety seats, and, if found to be defective and unsafe, replacements are provided. The efforts of these people remind us that just a few seconds of precaution can mean longer lives for the citizens of Lubbock and the South Plains. No. 7 is Budget Efficiency. In our work session, our city staff presented a revised budget for our fiscal year 1999-2000 for both the general fund as well as enterprise operating funds and capital projects. Through excellent management and close monitoring of departmental budgets, we are able to be flexible enough to utilize the savings resulting from good budget management in the most efficient and beneficial way for the citizens of Lubbock. All fiscal and budgetary managers within our city staff are to be commended for their efficient management. No. 6 is Open Forums. Last Monday the City sponsored three public forums at three different locations within the City regarding race relations in Lubbock, which were quite successful and generated benefits on which we can build. Every time our City Council meets it begins with an open forum for any citizen to come and address the full Council on issues of great concern. On April 26' the City Health Education Department held a Town Hall meeting on Youth Health Issues at Estacado High School. Every week various boards and commissions of the City hold open hearings allowing for public input on matters from zoning to construction practices to quality of life. And even today we will be holding five public hearings dealing with enterprise and reinvestment zones as well as specific zoning requests - all of which are open to the general public. All of this is to emphasize that our city government both encourages and supports the free exchange of information by and among all of the citizens. We encourage all residents of Lubbock to take advantage of our "open forum" type of government and help us out with your input. No. 5 is Cornbread Club. Start with a few folks once a month at Furr's for dinner, add a cup of diversity, a dash of friendliness plus a sprinkle of songs, and you have the Cornbread Club of Lubbock. It's only purpose is to `bring people together from all walks of life in a relaxed setting to enjoy a good meal and conversation." It's the miracle of a small town meeting in a bustling city, where issues that affect us all can be informally discussed. From city councilmen to blue collar workers to Texas Tech professors to mothers with their kids, the Cornbread Club is growing by word of mouth and making a cohesive statement about our city. No. 4 is Komplementary Kustomers. Based upon work productivity, customer service and the greatest number of compliments from customers at the Lubbock International Airport, Southwest Airlines 317 City Council Meeting May 25, 2000 Page 318 named their terminal station at the Lubbock International Airport as Southwest Airlines' Station of the Year. Of course this is indicative of the outstanding service that Southwest Airlines provides to passengers coming in and out of Lubbock, but it is also indicative of the customer - friendly attitude of their Lubbock employees and the satisfaction level of their Lubbock customers. This is reflective of a growing personality characteristic of people in Lubbock. Sure, they will let you know when you've made a mistake, but more and more often, folks in Lubbock are stepping up to pat you on the back, congratulate you for a job well done, and say "Thank you" for the benefits they've received from your hard work. Let's keep that up. No. 3 is Yearly Birdhouse Auction. What has 300 birdhouses, slow - cook barbecue, Mariachi band, a homemade quilt, a U. S. Congressmen, and a bunch of good-hearted people? The answer is the Ranching Heritage Center on June 3`d at the annual Celebration for the Green. The "Green" in the Celebration stands for food raised at the South Plains Food Bank Farm. It also stands for the monetary funds that will be raised as 300 birdhouses donated by locate children, artists and celebrity are auctioned off to benefit the Food Bank. This is just another example of our community pulling together for a good time and a good cause. No. 2 is Endowment. In 1997 the Gates Foundation began direct grants to public libraries to provide public access to computing, the Internet, and digital information to community neighborhoods with populations exceeding 10% poverty level - specifically to assist those persons caught in the "Digital Divide." In Lubbock, three branches of our public library have populations exceeding that poverty level. As Lubbock has done so often we seek out endowments throughout the entire United States, such as Gates Foundation, that will provide grant money that will assist and provide for specialized needs, such as providing public access to computers, the Internet and digital information. Our special compliments go to those city staff members, as well as grant writers throughout the community, who diligently apply for grant funds from both public and private sources which benefit our community in so many ways and narrow not only the "Digital Divide" but the "monetary divide" as well. No. 1 is Suitcases for Kids. American physician Ray Lyman Wilbur once wrote, "Unless we think of theirs and do something for them, we miss one of the greatest sources of happiness." Lubbock teenager Brittany Heath of Evans Junior High is a local living example of this philosophy. Her one -person outreach project called, "Suitcases for Kids" has earned her the position of Texas Representative of the National Community Service Award. Brittany collects used suitcases and donates them to Children's Protective Services for foster children to use as they travel from home to home. So far, Brittany has collected 400 suitcases for CPS. Congratulations to this caring teen for taking her love for children, seeing a need, and doing something about it. May we all learn from her example. CONSENT AGENDA (Items 13-23, 25-28, 30-37) Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to approve Items 13-23, 25-28, and 30-37 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 318 City Council Meeting May 25, 2000 Page 319 (13.) Approval of the minutes of the Regular City Council Meeting of May 11, 2000. (14.) Ordinance No. 2000-00026 amending Chapter 16 of the Code of Ordinances of the City of Lubbock, Texas, with regard to providing for resident only permit parking on state maintained roadways within the resident parking only test area (first reading). ORDINANCE NO.2000-00026 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PROVIDING FOR RESIDENT ONLY PARKING ON STATE MAINTAINED ROADWAYS WITHIN THE RESIDENT PARKING ONLY TEST AREA; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. This amendment would allow the resident only permit parking to take place on 19'h Street from University to Indiana. Prior to this amendment this area was included but not available to the adjacent property owners due to the state's objections. Upon the request of property owners on 19' Street, staff corresponded with Texas Department of Transportation and they have agreed to allow resident only permit parking in accordance with the City's ordinance if the minor modifications included in this ordinance are made. At its May 16 meeting, the Citizens Traffic Commission recommended approval of this change in the ordinance. The Traffic Engineering Department and the Citizens Traffic Commission recommended approval of the first reading of this ordinance. (15.) Ordinance No. 2000-00027 revising the budget for FY1999-2000 (first reading). ORDINANCE NO.2000-00027 AN ORDINANCE MAKING CHANGES IN THE FY1999-2000 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES. In work session, staff presented the revised budget for Fiscal Year 1999- 2000 for the General and Enterprise Operating Funds as well as Capital Projects. A summary by fund was provided. In addition, the calendar for the upcoming Fiscal Year 2000-2001 budget work sessions was presented. Although the Council work session dates have been confirmed on Council member calendars, this will provide a quick review of the process and dates. Staff recommended approval, and noted that the Ordinance would be revised for second reading to reflect change to Fire Department personnel summary. (16.) Resolution No. 2000-RO135 authorizing the Mayor to execute an interlocal agreement with Lubbock County for relocation of North County Road 1330 as part of the East-West Freeway Railroad Relocation Project (south of Ursuline Street, west of FM 179). 319 City Council Meeting May 25, 2000 Page 320 RESOLUTION NO.2000-RO135 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement with Lubbock County to perform engineering and right of way functions in the relocation of North County Road 1330 as an essential development for the East-West Freeway. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 25' day of May, 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 L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice Section A copy of the Agreement is filed with Resolution No. 2000-R0135. This interlocal agreement with the County is for the East-West Freeway railroad relocation project. North imatel County 3 ad 00 feet FM les e179)on is a north -south county road approximately the south side of Ursuline Street. he new Ur Ursuline 1St�eet,ad route allowing any Naples Avenue at its intersection with northbound traffic to access Ursuline. To solve this denial of access, additional right-of-way will be purchased by the County for a new county road that will run along the east side of the new railroad right-of- way and connect to Ursuline. TxDOT has agreed to pay for this County acquisition under the stipulation thaillthe reCmburseity will the Clreimburse the Cost� will for all costs and then the State include engineering, surveying, appraisal and acquisition of the new road right-of-way. The County has agreed to this interlocal agreement and will abandon the existing road easement once the new one is acquired. The Right -of -Way Department recommended the approval of this agreement. Resolution No. 2000-RO136 accepting paving improvements (17.) constructed by Butler Construction Co., in Heron Development Addition, Lots 1-12. 320 City Council Meeting May 25, 2000 Page 321 RESOLUTION NO. 2000-RO136 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-12 Heron Development Addition, made arrangements with Butler Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Genoa Avenue from the North lip line of Spur 327 to the South lip line of 57' Street, known and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2039. The South half of 57' Street from 230 feet West of the West property line of Genoa Avenue to 230 feet East of the East property line of Genoa Avenue, known and designated as New Subdivision Sub -Unit Number 04 of Unit Number 2039. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 25 h day of May, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 321 City Council Meeting May 25, 2000 Page 322 This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Genoa Avenue from Spur 327 to 57' Street. The south half of 57' Street from 230 feet west of the west right- of-way line of Genoa Avenue to 230 feet east of the east right of way line of Genoa Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (18.) Resolution No. 2000-RO137 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Co., South Mesa Addition, Lots 87-135. RESOLUTION NO.2000-RO137 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 87 - 135, South Mesa Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The East half of Avenue S from 7.00 feet North of the North property line of the alley North of 79h Place to 7.00 feet North of the North property line of the alley North of 78' Street, known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2039. 78' Street from the East back of curb of Avenue S to the East end of radius of the Southeast corner of Avenue Q at 78' Street, known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2039. 79' Street from the East back of curb of Avenue S to the East end of radius of the Northeast corner of Avenue Q at 79`' Street, known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2039. Avenue R from the South lip line of 79'' Street to the North end of radius of the alley North of 79'' Place, known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2039. Avenue Q from the North lip line of 79`' Street to the South lip line of 78'' Street, known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2039. Avenue R from the North lip line of 78°i Street to the North end of radius of the alley North of 78' Street, known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2039. 322 City Council Meeting May 25, 2000 Page 323 WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 25°i day of May, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith for Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The east half of Avenue S from the alley north of 79th Place to the alley north of 78th Street. 78' Street from Avenue S to Avenue Q. 79"' Street from Avenue S to Avenue Q. Avenue R from 79' Street to the alley north of 79°i Place. Avenue Q from 79' Street to 78' Street. Avenue R from 78"' Street to the alley north of 78"' Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. 323 City Council Meeting May 25, 2000 Page 324 (19.) Resolution No. 2000-RO138 accepting paving improvements constructed by Williams and Peters Construction Co., South Haven Addition, Lots 99-122. RESOLUTION NO.2000-RO138 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 99 - 122, South Haven Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain alleys dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following alleys: The East - West alley South of 102' Street from Vicksburg Avenue to Utica Drive, known and designated as New Sub -Unit Number 81 of Unit Number A- 461. The East - West alley South of 102`d Street from Utica Drive to the alley tee intersection approximately 230 feet East of Utica Drive, known and designated as Sub -Unit Number 82 of Unit Number A-461. WHEREAS, the construction of the above improvements on the above - mentioned alleys was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned alleys BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 324 City Council Meeting May 25, 2000 Page 325 Passed by City Council this 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith for 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 a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of alley paving on: The east -west alley south of 102" Street from Vicksburg Avenue to Utica Drive. The east -west alley south of 102nd Street from Utica Drive to the tee alley 230 feet east of Utica Drive. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (20.) Resolution No. 2000-RO139 accepting paving improvements constructed by Williams and Peters Construction Co., South Mesa Addition, Lots 1-86. RESOLUTION NO. 2000-RO139 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1 - 86, South Mesa Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 79`' Place from the East back of curb of Avenue S to the West lip line of Avenue P, known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2038. Red Springs Avenue from the Northeast end of radius of elbow at 81s' Street to the South lip line of 79' Place, known and designated as New Subdivision Sub - Unit Number 87 of Unit Number 2038. 325 City Council Meeting May 25, 2000 Page 326 Avenue R from the North lip line of 79' Place to 8.75 feet North of the alley North of 79' Place, known and designated as New Subdivision Sub -Unit Number 88 of Unit Number 2038. 81" Street from the East lip line of Avenue S to the Northeast end of radius of elbow at Red Springs Avenue, known and designated as New Subdivision Sub - Unit Number 89 of Unit Number 2038. 80' Street from end of cul-de-sac East of Avenue S to the West lip line of Red Springs Avenue, known and designated as New Subdivision Sub -Unit Number 90 of Unit Number 2038. The East half of Avenue S from the North edge of paving on 82' Street to 7.00 feet North of the North property line of the alley North of 79`' Place, known and designated as New Subdivision Sub -Unit Number 91 of Unit Number 2038. The West half of Avenue P from the North edge of paving on 82' Street to 7.00 feet North of the North property line of the alley North of 79' Place, known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2038. The alley return on 82' Street from 617.10 feet East of the East property line of Avenue S to 583.10 feet East of the East property line of Avenue S, known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2039. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $5,722.22 to the Contractor. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 326 City Council Meeting May 25, 2000 Page 327 Passed by City Council this 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith for 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 a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 79"' Place from Avenue S to Avenue P. Red Springs Avenue from the elbow at 81s' Street to 79'' Place. Avenue R from 79' Place to the alley north of 79' Place. 81' Street from Avenue S to the elbow at Red Springs Avenue. 80' Street from the cul-de-sac east of Avenue S to Red Springs Avenue. The east half of Avenue S from 82°d Street to the alley north of 79d' Place. The west half of Avenue P from 82nd Street to the alley north of 79' Place. The alley return on 82`d Street 583.1 feet east of Avenue S. City cost in the amount of $5,722.22 for City's extra width paving on Avenue P will be due the contractor upon this acceptance. The City's portion of the cost will be paid for from the Subdivision and Assessment Paving account. Staff recommended acceptance of these paving improvements. (21.) Resolution No. 2000-R0140 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Co., Meadows South Addition, Lots 73-154. 327 City Council Meeting May 25, 2000 Page 328 RESOLUTION NO.2000-RO140 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 73 - 154, Meadows South Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The South half of 98"' Street from the East end of radius of the alley return 160 feet West of Dover Avenue to the West end of radius of the alley return West of Clinton Avenue (alley returns and curb & gutter only), known and designated as New Subdivision Sub -Unit Number 19 of Unit Number 2039. 99"' Street from 125 feet West of the West property line of Dover Avenue to the West end of radius of Clinton Avenue at 99"' Street, known and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2039. 100' Street from 126 feet West of the West property line of Dover Avenue to the West back of curb of Chicago Avenue, known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2039. 100`' Street from the East lip line of Chicago Avenue to the cul-de-sac 650 feet East of Chicago Avenue, known and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2039. Off street drainage improvements from back of curb of cul-de-sac East of Chicago Avenue to 118 feet East, known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2039. Chicago Avenue from the South end of radius of the alley return North of 100' Street to the South end of radius of the alley return South of 100t" Street, known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2039. Clinton Avenue from the North lip line of 100' Street to the South end of radius of the alley return North of 100'' Street, known and designated as New Subdivision Sub -Unit Number 25 of Unit Number 2039. Colton Avenue from the South back of curb at 98"' Street to the North lip line of 99' Street, known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2039. Dover Avenue from the South lip line of 98'' Street to the North lip line of 99''' Street, known and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2039. Dover Avenue from the South lip line of 100" Street to the South end of radius of the alley return South of 100"' Street, known and designated as New Subdivision Sub -Unit Number 28 of Unit Number 2039. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: 328 City Council Meeting May 25, 2000 Page 329 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith for 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 a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Curb and gutter only on the south half of 98`' Street from the alley west of Dover Avenue to the alley west of Clinton Avenue. 99' Street from 125 feet west of Dover Avenue to Clinton Avenue. 100`' Street from 126 feet west of Dover Avenue to Chicago Avenue. 100' Street from Chicago Avenue to the cul-de-sac 650 feet east of Chicago Avenue. Off street drainage improvements from the cul-de-sac east of Chicago Avenue to 118 feet east. Chicago Avenue from the alley north of 100" Street to the alley south of 100' Street. Clinton Avenue from 100' Street to the alley north of 100' Street. Colton Avenue from 98' Street to 99' Street. Dover Avenue from 98' Street to 99`' Street. Dover Avenue from 100'' Street to the alley south of 100' Street. 329 City Council Meeting May 25, 2000 Page 330 There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (22.) Resolution No. 2000-RO141 authorizing and directing the Mayor to execute on behalf of the City of Lubbock a license agreement to allow use of a Coulter MaxM owned by the City Health Department by Texas Tech University Health Sciences Center (TTUHSC) for education and training of faculty and students at TTUHSC, and any associated documents, by and between the City of Lubbock and TTUHSC. RESOLUTION NO. 2000-RO141 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 license agreement to allow use of a Coulter MaxM owned by the City Health Department by Texas Tech University Health Sciences Center for education and training of faculty and students at TTHSC, and any associated documents, by and between the City of Lubbock and TTHSC, Inc., which license agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 25' day of May, 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 Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0141. Our Coulter MaxM blood cell counter was purchased in May 1992 and was used extensively for the following three years until the Health Department reorganized in 1995, at which time the Health Department stopped performing family planning and maternity services. The instrument was placed into storage. The technology on this instrument is still considered state of the art. Approximately 2 years ago, the City of Lubbock put the instrument up for sale but the offers were lower than staff felt were warranted and opted not to sell. Hal Larsen, Ph.D., Chairman of the Department of Clinical Laboratory Science at Texas Tech University Health Sciences Center, requested that the City consider loaning this equipment to his department for education 330 City Council Meeting May 25, 2000 Page 331 and training purposes of faculty and staff. Dr. Larsen's department teaches Medical Technology and Clinical Laboratory Science students and prepares these individuals for placement directly into the workforce such as hospitals and clinics. The older blood cell counting equipment Tech had been using for training has been unrepairable since January 2000. Dr. Larsen has commented there is a critical local shortage of trained Medical Technologists and the nationwide shortage is continuing to grow. Loaning this piece of equipment for training purposes would support the Lubbock City Council Goals/Strategies identified in March 2000. This specifically supports workforce development with enhanced education and training opportunities directed to the students and this community. Loaning this piece of equipment to Texas Tech Health Sciences Center directly supports the Lubbock City Council Goals/Strategies identified in March 2000. Therefore, staff recommended approval of the resolution. (23.) Resolution No. 2000-RO142 authorizing and directing the Mayor of the City of Lubbock to execute on behalf of the City of Lubbock an interlocal cooperation agreement, and any associated documents, for epidemiological consulting by and between the City of Lubbock and the Texas Tech University Health Sciences Center. RESOLUTION NO. 2000-RO142 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation Agreement, and any associated documents, for epidemiological consulting by and between the City of Lubbock and the Texas Tech University Health Sciences Center, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 25' day of May, 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 Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0142. 331 City Council Meeting May 25, 2000 Page 332 This interlocal agreement (ALMW00435) with Texas Tech University Health Sciences Center (TTUHSC) provides the Health Department with contractual epidemiological consultation throughout the year for the Texas Department of Health (TDH) Title V Population -Based Program. This subcontract with TTUHSC is part of the Texas Department of Health Document (No. 7560005906-2000) approved by the City Council under Resolution No. 6438 on August 12, 1999. The consultation arrangement provides reimbursement for services associated with all issues the project engaged in over the contract period. Activities have included a substance abuse campaign, childhood injury prevention, helmet -safety, and child safety seat programs. A final report summarizing all the activities will also be a part of the services required. The total maximum amount of approved funding for salary and fringes is $12,633 based on 15 % of salary, fringes, and time. This contract supports one of the Core Missions of Public Health -- Prevention and Education. Therefore, staff recommended approval of the resolution. (24.) Consider a resolution to move the regularly scheduled City Council meeting from June 22, 2000 to June 20, 2000 to accommodate the schedules of Council members and to facilitate the need to hold an evening Community Development public hearing. This item was deleted. (25.) Resolution No. 2000-RO143 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract and all related documents between the City of Lubbock and the Lubbock Housing Authority from the Community Development Block Grant for the rehabilitation of public housing units. RESOLUTION NO.2000-RO143 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 Community Development Funding Contract, by and between the City of Lubbock and Lubbock Housing Authority from the Community Development Block Grant for the rehabilitation of public housing units, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 332 City Council Meeting May 25, 2000 Page 333 Passed by City Council this 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0143. Grantee: Lubbock Housing Authority. Program: Housing rehabilitation. Funding Source: 1999-2000 Community Development Block Grant reallocation ($141, 000 from 1998-99, and $141, 000 from 1999-2000 funds). Use of Funds: This will allow for the rehabilitation of 25-30 housing units. Amount: $282,000 Match: 25 % Return of Investment: 25 % payback after completion of the project in accordance with the approved policy. Terms: May 1, 2000 through September 30, 2001. Comments: Funding for this contract was approved by City Council at the February 24, 2000 City Council meeting. The contract is available for review in the City Secretary's Office. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. (26.) Resolution No. 2000-R0144 authorizing the Mayor to execute a grant application and related documents for a library program grant under the State Partnership Grant Program of the Bill and Melinda Gates Foundation. 333 City Council Meeting May 25, 2000 Page 334 RESOLUTION NO.2000-RO144 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and related documents for a Library Program Grant from the State Partnership Grant Program of the Bill and Melinda Gates Foundation. Said Grant Application 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 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel by CG Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 2000-R0144. In 1997 the Gates Foundation began its direct grants program to public libraries to provide public access to computing, to the Internet, and digital information to community neighborhoods with populations exceeding 10 % poverty level — specifically, to those persons caught in the "Digital Divide". In Lubbock, three branches (Groves, Mahon, and Patterson) have populations exceeding the poverty level. Lubbock's grant application is in two parts, totaling $85,655 for hardware purchase. The estimated value of hardware, donated software, wiring and installation, three years of specialized training and technical support, plus future software upgrades in year 2 and 3, is calculated at $176, 998. Part 1: Public Access Workstation computers: 4 computers, 1 staff server, and 1 laser printer for each library (total 12 public computers, 3 servers, 3 printers). One computer at Mahon and one computer at Patterson will operate in Spanish language. Part 2: Computer Training Lab: Communities in excess of 100,000 population are granted a training lab at the central library. For Mahon, this means 11 workstation computers, 1 staff server, 1 laser printer, a classroom 35" color monitor and stand. This lab will be time-shared for teaching public computer literacy, enhanced staff training, and open public usage. 334 City Council Meeting May 25, 2000 Page 335 The Gates Foundation allows libraries to purchase additional computers with non -grant funds. Therefore, the Library seeks to include Godeke Branch through the purchase of one workstation ($2450) through the Library's already -approved TIF grant. Thus, all library facilities will be providing the same services. In addition, with capital project funds already appropriated in FY 1999-2000, two units will be purchased at Patterson Branch. There, the "learning center room", opened in 1995 with partnership funds from the Junior League and the Friends of the Library, will be totally upgraded, providing Internet access for the first time. All Gates units at Patterson will be in the "learning center", and thus Patterson will have a miniature "computer lab" for east Lubbock. Timeline for the grant: Gates Foundation will divide the State of Texas in half, so that implementation could begin as early as September, 2000, or as late as early 2001. Leveraging & Sustainability are key principles in the Gates Foundation grant program to address the "digital divide". The Library is addressing the leveraging principle by providing nearly $45,000 in local support from the Friends of the Library funding and the first distribution from the Bridwell Endowment. The Library's TIF grant will fund the hardware for Godeke Branch. Similarly, the City partnership would be shown by the Expanded Level budget request for FY 2001, $36,000, described in the Grant Proposal Evaluation forms attached. This $36,000 includes promotional flyers, brochures and trainers for citizen computer education and a schedule for equipment replacement. The sustainability principle would be addressed by the addition of the Gates computers to the "capital replacement" schedule of the City's budget. The Gates Foundation's Library Program represents perhaps the most significant public -private partnership for public libraries since Andrew Carnegie. The high-tech business community understands that targeting lower -income groups to address the "digital divide" is good for business market creation. Local governments recognize that education in use of technology is vital, if people are to have opportunity for economic advancement. Lubbock City Council, in its "Goals/Strategies" process in March, 2000 clearly established this connection by placing the "digital divide" issue under its Economic Development Goal 2.3, Close the "digital divide" by involving learning institutions and corporate sponsors. Staff recommended approval. (27.) Resolution No. 2000-RO145 authorizing the Mayor to execute a lease agreement between the City of Lubbock and the FAA for four Low Level Windshear Alert System sites on the airport. RESOLUTION NO. 2000-RO145 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and the United States of America, a lease for the Low Level Wind Shear Alert System (LLWAS), and related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 335 City Council Meeting May 25, 2000 Page 336 Passed by City Council this 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Aviation Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Lease is filed with Resolution No. 2000-R0145. The Federal Aviation Administration operates a Low Level Windshear Alert System (LLWAS) at Lubbock International Airport. The system continuously monitors and compares wind speeds at six points located around the airport, providing air traffic controllers and pilots with windshear information. The lease on four of the six LLWAS sites expires on September 30, 2000. The FAA has requested a new lease for these four sites. Each site is approximately 20ft. x 20ft in size, and includes utility and vehicle access rights. The term of the new lease is for one year beginning October 1, 2000. Thereafter, it can be renewed on a year -by -year basis through September 30, 2010. The FAA will retain the right to cancel the lease on 30 days notice to the City. The lease is being provided at no cost to the FAA other than consideration for the obligations assumed by the FAA's establishment, operation, and maintenance of the LLWAS. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval. (28.) Resolution No. 2000-RO146 rescinding Resolution No. 2000-RO108 pertaining to the removal and replacement of the sidewalk and selected portions of curb and gutter at 1010 9`h Street. RESOLUTION NO. 2000-RO146 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Resolution Number 2000-RO108 is hereby rescinded. Said Resolution is attached hereto and shall be included in the minutes of the City Council. 336 City Council Meeting May 25, 2000 Page 337 Passed by City Council this 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager for Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Resolution is filed with Resolution No. 2000-R0146. On April 6, 2000 the City Council passed Resolution No. 2000-R0108 awarding the bid to Saunders Construction Inc. for the removal and replacement of the sidewalk and selected portions of curb and gutter at the Lubbock Parks & Recreation Office building located at 1010 9"' Street. The lowest bid was submitted by Birchwood Construction Company of Levelland, Texas and is within the Park Amenities -Parks & Recreation Office Sidewalk Replacement budget amount. However, this bid was rejected on the determination that Birchwood Construction Company was not a responsible bidder. It has since been determined that Birchwood Construction Company is a responsible bidder and should be awarded the bid. Staff recommended that Resolution No. 2000-R0108 be rescinded. (29.) Consider a resolution authorizing and directing the Mayor to execute on behalf of the City of Lubbock a professional services agreement to provide professional power brokering and sales consulting services, including retail sales, wholesale power sales, and wholesale power purchase brokering for Lubbock Power & Light, by and between the City of Lubbock and Caprock Data Systems, Inc. This item was deleted. (30.) Resolution No. 2000-R0147 approving, for purposes of § 147(f) of the Internal Revenue Code, the issuance of and use of proceeds of revenue bonds proposed to be issued by the Lubbock Health Facilities Development Corporation in an amount not to exceed an aggregate face amount of $60,000,000 (St. Joseph Health System). 337 City Council Meeting May 25, 2000 Page 338 RESOLUTION NO.2000-RO147 RESOLUTION CONCERNING THE USE OF THE PROCEEDS OF REVENUE BONDS TO BE ISSUED BY THE LUBBOCK HEALTH FACILITIES DEVELOPMENT CORPORATION TO REFUND CERTAIN DEBT AND TO FINANCE CERTAIN COSTS RELATING TO HEALTH FACILITIES WHEREAS, the Lubbock Health Facilities Development Corporation (the "Issuer") was created by the City of Lubbock, Texas ("City of Lubbock") pursuant to the provisions of the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act"). WHEREAS, it has been proposed that the Issuer issue its limited obligation revenue bonds (the "Bonds") and loan the proceeds thereof to St. Joseph Health System ("SJHS"), a non-profit benefit corporation duly organized and existing under the laws of the State of California to provide funds (i) to currently refund certain existing indebtedness of SJHS which was originally issued by the Issuer and the proceeds thereof were used to refinance certain taxable debt related to capital projects at Covenant Medical Center Lakeside (formerly "St. Mary of the Plains Hospital and Rehabilitation Center"), and (ii) to add additional operating room, emergency room and radiology capability at Covenant Medical Center ("Covenant") (formerly "Methodist Hospital, Lubbock, Texas") and to make improvements to the physical and behavioral rehabilitation facilities at Covenant Medical Center Lakeside. WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer has conducted a public hearing (the "Hearing") in the City of Lubbock following reasonable public notice with respect to the bonds and the captioned project and has presented to the City of Lubbock (the "Governing Body") a summary of the proceedings from the Hearing; WHEREAS, in order to satisfy the requirements of Section 147(f) of the Code, it is necessary for the Governing Body or the Mayor, as the chief executive officer of the City of Lubbock, to approve the Bonds after the Hearing has been held; WHEREAS it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT: SECTION 1. This Resolution is adopted for the purpose of satisfying the requirements of the Issuer's articles of incorporation and by-laws and the conditions and requirements of Section 147(f) of the Code, the regulations promulgated thereunder, and any other applicable requirements. SECTION 2. The Governing Body hereby receives and accepts of the summary of the proceedings from the Hearing. SECTION 3. The Bonds, which may be issued in one or more series, are hereby approved pursuant to Section 147(f) of the Code, the Issuer's articles of incorporation and bylaws and other applicable laws, such Bonds to be issued in the maximum aggregate face amount of $60,000,000 to provide funds (i) to currently refund certain existing indebtedness of SJHS which was originally issued by the Issuer and the proceeds thereof were used to refinance certain taxable debt related to capital projects at Covenant Medical Center Lakeside (formerly "St. Mary of the Plains Hospital and Rehabilitation Center"), and (ii) to add additional operating room, emergency room and radiology capability at Covenant Medical Center ("Covenant") 091.11 City Council Meeting May 25, 2000 Page 339 (formerly "Methodist Hospital, Lubbock, Texas") and to make improvements to the physical and behavioral rehabilitation facilities at Covenant Medical Center Lakeside. SECTION 4. This approval is not to be construed as a financial undertaking by the City of Lubbock, and the bonds shall never constitute an indebtedness or pledge of the City of Lubbock within the meaning of any constitutional or statutory provision, and the owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the City of Lubbock. The City of Lubbock shall have no responsibility to furnish any person any continuing disclosure information with respect to the Bonds. SECTION 5. The Mayor and City Secretary of the City of Lubbock and each council member of the City of Lubbock are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. SECTION 6. This Resolution shall take effect immediately from and after its adoption. Passed by City Council this 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Managing Director of Finance APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney Covenant Medical Center wishes to issue tax-exempt debt to (1) restructure their existing debt to reduce risk and (2) fund capital costs to expand/consolidate the operating room, emergency room and radiology facilities at the Covenant Medical Center campus. The expansion/ consolidation will enable the operating room, emergency room and most of the radiology functions to be located at the Covenant Medical Center campus only. The Lakeside Campus will primarily serve the needs of patients who require physical and behavioral rehabilitation services. In order to issue tax-exempt debt, St. Joseph's Health Systems has made application to the Lubbock Health Facilities Development Corporation, which is a tax-exempt financing conduit. The Lubbock Health Facilities Development Corporation has passed a resolution to approve the preparation for the debt issuance process. In order for Covenant Medical Center to issue tax-exempt debt, the Internal Revenue Service requires the local governing body to acknowledge and approve the financing and construction within their jurisdiction. 339 City Council Meeting May 25, 2000 Page 340 The debt is not being issued in the name of the City of Lubbock and the City of Lubbock assumes no responsibility for the debt or its repayment. As the City of Lubbock assumes no responsibility for this debt and this debt is necessary to reduce the risk of Covenant's outstanding debt and to fund major capital construction, staff recommended passage of the resolution. (31.) Consider a street naming request from Habitat for Humanity. Attached is a letter from John Mallory, Executive Director of Lubbock Habitat for Humanity, requesting that a short (two blocks) street in their subdivision be named North Ulrich Avenue in honor of one of their founding board members - Ulrich Goebel. The proposed street name would be within the alphabetical system but not be the name of a Texas city. No properties will have a North Ulrich Avenue address (plat map included in Council backup — Tract A is the green area.) Current City ordinance provides no direction on naming avenues not named after letters of the alphabet. Naming avenues after Texas cities has been done on a policy basis, at staff level, as the need arose. Furthermore, this request is to name a new street, not change an existing street name, so the street name change ordinance the City Council adopted a few years ago will not apply. Staff recommended that City Council grant the request of Habitat for Humanity to name a street North Ulrich Avenue. (32.) Resolution No. 2000-R0148/Bid #00-047—Lubbock Parks & Recreation Offices Sidewalk Replacement (Park Development). RESOLUTION NO. 2000-RO148 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 Lubbock Parks & Recreation Offices sidewalk replacement, by and between the City of Lubbock and Birchwood Construction, Inc., of Levelland, 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. 340 City Council Meeting May 25, 2000 Page 341 Passed by City Council this 25'h day of May, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 25th day of May, 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 Birchwood Construction, Inc., of the City of Levelland, County of Hockley, 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 #00-047 - LUBBOCK PARKS & RECREATION OFFICES SIDEWALK REPLACEMENT - $33,700.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 341 City Council Meeting May 25, 2000 Page 342 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/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Scott Michaels CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Birchwood Construction, Inc. Bv: /s/ V.R. Michaels. Jr. PRINTED NAME: V.R. Michaels, Jr. TITLE: President COMPLETE ADDRESS: Birchwood Construction, Inc. P.O. Box 8241 Levelland, Texas 79338 This project involves the removal and replacement of the sidewalk and selected portions of curb and gutter at the Lubbock Parks & Recreation Office building located at 1019 9' Street. The new sidewalks will be a combination of sidewalk surfaces and concrete brick pavers. All sidewalks will be constructed in accordance with the ADA Accessible Standards. The construction will also include gratings for tree wells and the installation of poles for pedestrian lighting fixtures provided by the City. The low bid is $33,700 from Birchwood Construction Company of Levelland, Texas and is within the Park Amenities -Parks & Recreation Office Sidewalk Replacement budget. (33.) Resolution No. 2000-R0149/Bid #00-054 — Submersible Pumps and Pumping Equipment (Water Utilities). RESOLUTION NO. 2000-RO149 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order to furnish submersible pumps & pumping equipment, by and between the City of Lubbock and APSCO, and related documents. Said Purchase Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 342 City Council Meeting May 25, 2000 Page 343 Passed by City Council this 25' day of May, 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 Purchase Order is filed with Resolution No. 2000-R0149. This bid is for the purchase of pumps and associated pumping equipment for the replacement of old turbine pumps at 13 water supply wells. The replacement is part of the Sandhills Wellfield Pumps Replacement Project and will help achieve increased water production and improved electrical efficiency for this group of wells. Installation will be completed by City of Lubbock Water Utility personnel. The low bid is $60,564.83 from APSCO of Lubbock, Texas as is within the Sandhills Wellfield Pumps Replacement budget. (34.) Resolution No. 2000-R0150/Bid #00-073 - Refurbish Sideloading Containers - Annual Pricing (Solid Waste). RESOLUTION NO.2000-RO150 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 Letter of Award for annual pricing to refurbish sideloading containers, by and between the City of Lubbock and S & H Metal Works & Manufacturing, and related documents. Said Letter of Award 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. 343 City Council Meeting May 25, 2000 Page 344 Passed by City Council this 25r' day of May, 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 Letter of Award is filed with Resolution No. 2000-R0150. This bid establishes annual pricing for refurbishing solid waste dumpsters. It is necessary to repair and repaint dumpsters when their conditions deteriorate to a level where trash can no longer be adequately contained or the appearance is unsightly. The low bid is $329,481.90 from S & H Metal Works & Manufacturing, Inc. of Lubbock, Texas and is within the Container Refurbishing budget. --- (35.) Resolution No. 2000-110151, Resolution No. 2000-110152, Resolution No. 2000-110153, Resolution No. 2000-R0154/Bid #00-083 - Training and Duty Ammunition - Annual Pricing (Police). RESOLUTION NO. 2000-RO151 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 Letter of Award for annual pricing on training and duty ammunition, by and between the City of Lubbock and Bailey's House of Guns, Inc., and related documents. Said Letter of Award 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. 344 City Council Meeting May 25, 2000 Page 345 Passed by City Council this 25' day of May, 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 Letter of Award is filed with Resolution No. 2000-R0151. RESOLUTION NO. 2000-RO152 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 Letter of Award for annual pricing on training and duty ammunition, by and between the City of Lubbock and C & G Wholesale, and related documents. Said Letter of Award 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 25`' day of May, 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 Letter of Award is filed with Resolution No. 2000-R0152. 345 City Council Meeting May 25, 2000 Page 346 RESOLUTION NO. 2000-RO153 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 Letter of Award for annual pricing on training and duty ammunition, by and between the City of Lubbock and GT Distributors, Inc., and related documents. Said Letter of Award 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 25' day of May, 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 Letter of Award is filed with Resolution No. 2000-R0153. RESOLUTION NO. 2000-RO154 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 Letter of Award for annual pricing on training and duty ammunition, by and between the City of Lubbock and Precision Delta, and related documents. Said Letter of Award is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. City Council Meeting May 25, 2000 Page 347 Passed by City Council this 25'' day of May, 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 Letter of Award is filed with Resolution No. 2000-R0154. This bid establishes annual pricing for ammunition used by the Lubbock Police Department for training and duty purposes. The bid includes an option to renew annually for up to two additional years upon mutual agreement between the City and the successful bidder. The low bidders and estimated annual costs are as follows: G.T. Distributors of Austin, Texas $11,126.42 Bailey's House of Guns of Houston, Texas 7,632.80 C & G Wholesale of Dallas, Texas 360.00 Precision Delta Corporation, of Ruleville, Mississippi 350.40 ANNUAL TOTAL $19,469.62 The estimated annual expenditure is within the Equipment Supply budget. (36.) Resolution No. 2000-R0155/Bid #00-091 — Lubbock Auditorium/Coliseum Wireless Intercom System (Civic Center). RESOLUTION NO.2000-RO155 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order to furnish the wireless intercom system for the Lubbock Auditorium/Coliseum, by and between the City of Lubbock and Lubbock Audio Visual, Inc., and related documents. -- Said Purchase Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 347 City Council Meeting May 25, 2000 Page 348 Passed by City Council this 25' day of May, 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 Purchase Order is filed with Resolution No. 2000-R0155. This bid is for the purchase of a wireless intercom communication system for technical personnel to use during events staged at the Lubbock Municipal Auditorium/Coliseum and Civic Center. The equipment is essential for use during Broadway shows and other events that utilize the facilities. The low bid is $25,814 from Lubbock Audio Visual, Inc. of Lubbock, Texas and is within the Civic Center Sound System -Building Capital Outlay budget. (37.) Resolution No. 2000-R0156/Bid #00-102 - Diesel Driven Portable Pumps & Accessories (Water Utilities). RESOLUTION NO. 2000-RO156 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order to furnish diesel driven portable pumps & accessories, by and between the City of Lubbock and Watermaster Irrigation Supply, Inc., and related documents. Said Purchase Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. RM City Council Meeting May 25, 2000 Page 349 Passed by City Council this 25'' day of May, 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 Purchase Order is filed with Resolution No. 2000-R0156. This is for the purchase of two portable diesel driven pumps and related accessories. These items are necessary for the installation of a temporary pumping system to move water from Lakeridge Front Lake, Miller Park, and Trinity/Sundial to the TxDOT I-27 drainage system. Lowering of the water level in these lakes will provide some storage volume for future storm events. The low bid is $38,948 from Watermaster Irrigation Supply, Inc. of Lubbock, Texas and is within the Storm Water Pumping Project 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 and that the Mayor be authorized to execute all documents necessary for each transaction. Councilmember David Nelson's Top Ten List was presented at this time. PUBLIC HEARINGS (38•) Ordinance No. 2000-00028/Zone Case No. 2881 (7807 University): Hold a public hearing to consider request of Edward Lloyd for a zoning change from R-1 to C-2A for a restaurant with an accessory passout window on Lot 2, Novella Addition. ORDINANCE NO.2000-00028 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2881; A ZONING CHANGE FROM R-1 TO C-2A ZONING ON LOT 2, NOVELLA ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 349 City Council Meeting May 25, 2000 Page 350 Mayor Sitton opened the public hearing at 11:02 a.m. Edward Lloyd appeared in favor of the zone case. No one appeared in opposition. Mayor Sitton closed the hearing at 11:03 a.m. The proposal is C2A zoning. Adjacent land uses: North - commercial South - commercial, vacant East - residential West - commercial, church The request is consistent with both Comprehensive Land Use Plan policy and zoning policy. University is developed as commercial from the Loop to 82' Street except for this parcel, which has been the location of a non -conforming church. The proposal will have no more effect on traffic than anticipated. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2000- 00028 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (39.) Ordinance No. 2000-00029/Zone Case No. 2882 (North and South of 82" Street between Wausau and Alcove Avenues): Hold a public hearing to consider request of George H. McMahan (for Westridge Investments) for a zoning change from T to IHC on lots 3-12 Westcom Addition and 27.72 acres of land located in the northwest quarter of Section 26, Block AK and a 17.15 acre tract of land located in the southwest quarter of Section 31, Block AK. ORDINANCE NO.2000-00029 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OA LUON � GKCHANING THE GE FROM OWIHC ING CHANGES: ZONE CASE NO. 28 , ZONING ON LOTS 3-12 WESTCOM ADDITION AND 27.72 ACRES OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, BLOCK AK ANDA 17.15 ACRE TRACT OF 1-'AND LOCATED IN LUBBOCK, TEXASESOUTHWEST PROV DING A QUARTER OF SECTION 31, BLOCK AK PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:04 a.m. George H. McMahan appeared on behalf of Westridge Investments. No one appeared in opposition. Mayor Sitton closed the hearing at 11:06 a.m. The property in question is along 82n' Street between Wausau and Alcove, recently annexed. Adjacent land uses: North - vacant South - vacant East - residential on north; heavy commercial on south West - commercial - city limits 350 City Council Meeting May 25, 2000 Page 351 The request is consistent with the recently amended Comprehensive Land Use Plan. The single development or zoning related issue for the strip style of commercial is the number of future curb cuts allowed along 82' Street. Depending on how the area is platted, specifically the size of lots, the current formula for curb cuts could create a detriment for through traffic on the newly expanded 82"d Street. Too many curb cuts detract from the primary function of the street as a thoroughfare. The Planning and Zoning Commission recommended approval of this request subject to the following condition. Prior to final plats for unplatted areas, the Planning and Zoning Commission shall approve a plan for the total number of curb cuts for lots with frontage to 82"d Street. The staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00029 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (40.) Ordinance No. 2000-00030/Zone Case No. 2883 (7526 19"): Hold a public hearing to consider request of Don and Lori Sexton (for Sexton Automotive), for a zoning change from R-1 to C-4 on Lot 4 and W 1/2 of Lot 3, W.W. Ferguson Addition. ORDINANCE NO. 2000-00030 _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2883; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON LOT 4 AND W 1/2 OF OF LOT 3, W.W. FERGUSON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:08 a.m. Tony Downey appeared on behalf of Don and Lori Sexton. No one appeared in opposition. Mayor Sitton closed the hearing at 11:09 a.m. The proponent is relocating from 29' Drive and Slide. Adjacent land uses: North - vacant South - 19`' Street, residential East - apartments West - commercial The request is consistent with the Comprehensive Land Use Plan and zoning policy. The history of zone cases on West 19' Street for C-4 has included a strike list that would be in order within this request. One recent case removed used vehicle sales from the strike list on the one parcel, but the consensus during that discussion seemed to be to reevaluate inclusion of used car sales on a case -by -case basis. The proposal should have little effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 351 City Council Meeting May 25, 2000 Page 352 1. Uses unconditionally permitted within the C-4 zoning district except: (a) Automobile Body Shops (b) Billboards (c) Commercial private clubs and teenage clubs (d) Dancehall (e) Feed store (0 Used furniture store (g) Gameroom (except as an incidental use in a restaurant), pool, Billiard and or domino Parlor (h) Motorcycle shop (i) Second hand goods store or pawn shop 0) Used car lot (k) Nightclub 2. A site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. The staff supports the recommendation of the Planning Commission with _. the two conditions. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00030 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal was away from the dais. (41.) Ordinance No. 2000-00031/Zone Case No. 2734-A (3401 33rd): Hold a public hearing to consider request of Stacie Polozola for a zoning change from GO to AM for a Daycare on Lot 2, Block 1, Johnny and Jack Addition. ORDINANCE NO. 2000-00031 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2734-A; A ZONING CHANGE FROM GO TO AM ZONING ON LOT 2, BLOCK 1, JOHNNY AND JACK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a.m. Stacie Polozola appeared in favor of the zone case. No one appeared in opposition. Mayor Sitton closed the hearing at 11:11 a.m. The parcel in question is currently zoned Garden Office which provides only for professional offices. The building is on the southwest corner of 33rd Street and Indiana Avenue. The AM expands the permitted uses to include daycare. Adjacent land uses: 352 City Council Meeting May 25, 2000 Page 353 North - residential South - commercial East - church West - residential The proposal is reasonably consistent with the Comprehensive Land Use Plan in that both Garden Office and the AM District are considered buffer districts versus commercial. The structure has been used for a variety of office functions. The proposed use should have no negative impact on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request. Subject to the reaction of adjacent property owners, the staff finds no fault with the request. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00031 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal was away from the dais. The next items to be considered were Items 44 and 45 (42.) Hold a public hearing to receive input concerning the adoption of an ordinance to nominate two areas of the city as state designated enterprise zones and reinvestment zones. Mayor Sitton opened the public hearing at 11:33 a.m. Richard Burdine presented information regarding the proposed enterprise zones. Lester Payne and David Sharp of Market Lubbock, Inc., appeared to speak in favor of the enterprise zones. No one appeared in opposition. Mayor Sitton closed the hearing at 11:49 a.m. (43.) Ordinance No. 2000-00032 of the City Council of the City of Lubbock, Texas nominating two areas as enterprise zones pursuant to the Texas Enterprise Zone Act (Texas Government Code, Chapter 2303); providing tax incentives; designating an authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as enterprise zones and a reinvestment zones (Texas Tax Code, Chapter 312); and further designating a liaison to act on all matters pertaining to the Enterprise Zone Act once designated by the Texas Department of Economic Development (first reading). ORDINANCE NO. 2000-00032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS NOMINATING TWO AREAS AS ENTERPRISE ZONES PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREAS DESCRIBED HEREIN AS ENTERPRISE ZONES AND REINVESTMENT ZONES (TEXAS TAX CODE, CHAPTER 312); AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT. 353 City Council Meeting May 25, 2000 Page 354 The City of Lubbock has three existing enterprise zones to promote development: the North Enterprise Zone, the South Enterprise Zone, and the Lubbock International Airport Enterprise Zone. Enterprise zones are an economic development tool that allows a community to partner with the State to offer local and state regulatory benefits to new or expanding businesses in distressed areas. The existing North and South Enterprise Zones, created in June, 1993, will expire on September 1, 2000. These zones have assisted in the creation of 1,536 jobs and investment of approximately $102 million over the past seven years and have helped to slow the population decline in these areas. Staff has been working on redesignating these two zones for another seven years. The geographic configuration of these zones will have to change due to a change in the data, specifically, the unemployment rate. The North and South zones cannot be qualified in their present configuration because the unemployment rate will not meet the State requirements. The proposed new configuration of the Lubbock 2000 North Enterprise Zone and the Lubbock 2000 South Enterprise Zone (Exhibit "A") has been developed with the staff of Market Lubbock, Inc. to make sure that staff retain those areas with the highest development potential. The areas in Exhibit "A" meet the criteria for designation as enterprise zones: Lubbock 2000 North Enterprise Zone Land Area: Max. 20 Sq. miles North Zone: 15.5 Sq. miles Poverty Rate Minimum: 20%: North Zone: 40.8% Unemployment Rate Minimum: 6.9 % North Zone: 7.0 % Lubbock 2000 South Enterprise Zone Land Area: Max. 20 Sq. miles South Zone: 16.28 Sq. miles Poverty Rate Minimum: 20 % South Zone: 38.5 % Unemployment Rate Minimum: 6.9 % South Zone: 7.0 % In order for the City of Lubbock to nominate the areas in Exhibit "A" as state designated enterprise zones and reinvestment zones, there must first be a public hearing held for citizen input. Once the public hearing is concluded, the City of Lubbock must pass an ordinance nominating the areas for designation as enterprise zones and reinvestment zones. Designation of the areas attached as Exhibit "A" as state designated enterprise zones and reinvestment zones will continue the redevelopment of these areas that began in 1993. This ordinance will fulfill the — requirements of the law on nominating the area for designation. Staff recommended approval of the ordinance nominating the Lubbock 2000 North Enterprise Zone and Lubbock 2000 South Enterprise Zone. 354 City Council Meeting May 25, 2000 Page 355 Motion was made by Councilmember Morrison, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00032 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal was away from the dais. ELECTRIC UTILITIES (44.) Resolution No. 2000-RO157 renaming Lubbock Power & Light's Holly Avenue Plant as the Alex "Ty" Cooke Generating Station. RESOLUTION NO. 2000-RO157 WHEREAS, the Electric Utility Board of the City of Lubbock, Texas, has requested that Lubbock Power & Light's Holly Avenue Plant be renamed in honor of Alex "Ty" Cooke; WHEREAS, the City Council of the City of Lubbock deems it be in the best interests of the citizens of the City of Lubbock to honor the request of the Electric Utility Board; and WHEREAS, Alex "Ty" Cooke has given above and beyond the call of duty as a City Council person enhancing, protecting and promoting LP&L and the cause of Public Power across the State of Texas; WHEREAS, the City Council of the City of Lubbock also desires to honor Alex "Ty" Cooke for his many years of dedicated service to the City of Lubbock, and the West Texas Municipal Power Agency; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock Power & Light's Holly Avenue Plant located on the Slaton Highway is hereby named the Alex "Ty" Cooke Generating Station in recognition of the many years of dedicated public service to the City of Lubbock and its citizens by Alex "Ty" Cooke. Passed by City Council this 25' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney 355 City Council Meeting May 25, 2000 Page 356 At its meeting of April 25, 2000, the Electric Utility Board unanimously requested that Lubbock Power & Light's Holly Avenue Plant be renamed in honor of Alex "Ty" Cooke. Alex "Ty" Cooke has given above and beyond the call of duties as City Council person to enhance, protect and promote Lubbock Power & Light and the cause of Public Power across the State of Texas. Therefore, it seems appropriate to rename this plant as the Alex "Ty" Cooke Generating Station. LP&L staff and the Electric Utility Board recommended that the City Council approve the resolution. Marciano Morales, Chairman of the Board of Directors for LP&L, and Robert Massengale of West Texas Municipal Power Agency presented comments. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 2000-R0157 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal was away from the dais. BOARD APPOINTMENTS (45.) Consider one appointment to the Lubbock Libraries Board. There is a designated position on the Libraries Board for the president of the Friends of the Library. Council can consider the appointment of the Friends of the Library president. Staff recommended the appointment of the Friends of the Library president, Patrick Shaw. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to appoint Patrick Shaw to the Lubbock Libraries Board. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal was away from the dais. 11:19 A.M. COUNCIL RECESSED 11:33 A.M. COUNCIL RECONVENED Items 42 and 43 were considered at this time. 11:51 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:10 P.M. COUNCIL RECONVENED 356 City Council Meeting May 25, 2000 Page 357 1:10 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Sitton adjourned the meeting. WINDY SITT , MAYOR ATTEST: Read and approved this t�,, day of _ , ; , 2000. aIN&D'YITTO AYOR ATTEST: ayt Darnell, City Secretary 357