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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/27/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING July 27, 2000 10:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of July, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:30 A. M. 10:35 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, Councilmember T.J. Patterson CITIZEN COMMENTS Item No. 2 was considered at this time. ( 1.) Presentation by Ms. Jeannine Moerbe, Ms. Sheila Yonkers, Mr. Carl Orcutt, and Mrs. Marie Orcutt regarding the adoption of Citibus Route 4, and their desire to have that route altered. Ms. Moerbe (2901 89' Street), Ms. Yonkers (2708 88' Street), and Mr. and Mrs. Orcutt (2702 88' Street) have asked to be recognized to speak during the citizen comment portion of the July 27 Council meeting. All four are concerned with the recent extension of Citibus Route #4, which now passes through their neighborhood. Route additions, deletions, and alterations are subject to public hearings, which allow for comments in favor of or against the proposed action. These public hearings were held when Citibus altered this route. John Wilson will be present to answer any questions. Ms. Moerbe, Ms. Yonkers and Mr. and Mrs. Orcutt wished to express their views as citizens and residents of the neighborhood before the Council. This item was requested by Ms. Moerbe to be brought to the attention of Council in an effort to have the City of Lubbock consider taking action on altering the designated route. ( 2.) Presentation to Japanese Junior Ambassador group visiting Lubbock; honorary citizenships and gifts will be presented to each individual, with a brief welcome to Lubbock by Mayor Windy Sitton. The City of Lubbock has enjoyed a 15-year Sister City relationship with the City of Musashino, Tokyo, Japan. The Japanese Junior Ambassador program provides cultural and educational experience for both children and adults from Lubbock and from our sister city. During the Council meeting, staff would like to honor these adults and students who have come to Lubbock to learn about our culture and our heritage. Due to the strict itinerary of the trip, it was necessary to make the presentation during the morning Council session, instead of the normal Citizen Appearance section of the agenda. The following students accepted the recognition: Regular City Council Meeting July 27, 2000 Page 20 Asumi Ogaki Yoshiki Okajima Haruko Ono Takamichi Kobayashi Hidehiko Saito Hiromi Sato Shoji Takagi Masako Takanashi Masahiro Terasawa Ayana Nakai Haruna Nakai Yuka Nakajima Mitsuru Hirose Kaori Fujimoto Hiromichi Matsuda Koichi Murata Yoko Yamazaki Tatsuya Yamamoto Shunsuke Yokobatake Yuki Yoshino Also receiving recognition was Ryuzo Ito, Kenshi Nakano, Yoko Takahashi, Chizuko Miyoshi, and Masako Takeuchi. This item was requested by Councilman Marc McDougal. The next item to be considered was Item No. 1. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney, City Manager, City Secretary); deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Energas, Fire Department, Police Department); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Police Department, Streets Department, Water Utilities). 11:23 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councihnembers were present except Councilmember Hernandez. ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney, City Manager, City Secretary). (4.) 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) . (5.) 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, Fire Department, Police Department). ( 6.) 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: Youth Commission (7.) 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 (Police Department, Streets Department, Water Utilities) . 1:59 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 20 Regular City Council Meeting July 27, 2000 Page 21 All councilmembers were present except Councilmember Hernandez. (8.) Presentation regarding Lubbock Reese Reuse Authority update on Marketing Plan and opportunities for interlocal agreements by Tom Nichols, LRRA Board President. Tom Nichols provided a status report on Reese Reuse Authority marketing activities and discussed opportunities for interlocal agreements. (9.) Discussion and review of Enterprise Fund Rate Models by Debra Forte', Deputy City Manager. As a precursor to the 2000-2001 budget, staff made a presentation on the Enterprise Fund rate models. 2:20 P. M. WORK SESSION RECESSED 2:32 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Victor Hernandez Mayor Sitton called the meeting to order at 2:32 P. M. (10.) Pastor Jack Schneider of Hope Lutheran Church gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: David Quintanilla (unable to attend) Building Board of Appeals Receiving: Craig Graham Citizens Traffic Commission Receiving: Chad Bartee Ralph Ferguson (unable to attend) Community Relations Commission Receiving: Mike Cortinez Walter Hibbler Vecelia Mann (unable to attend) Andrea Rangel (unable to attend) Electric Utility Board Receiving: Randy Andrews Keep Lubbock Beautiful Advisory Committee Receiving: Alicia Knight 21 Regular City Council Meeting July 27, 2000 Page 22 Structural Standards Commission Receiving: Clayton Black Doris Fletcher Urban Design and Historic Preservation Commission Receiving: Donna Armstrong CITIZEN APPEARANCES (12.) Presentation of a special recognition to the City of Lubbock lifeguard team for their second place overall finish in the Corpus Christi Texas _ State Lifeguard Championships held July 10, 2000. Certificates of appreciation will also be presented to the sponsors of the City of Lubbock team. The City of Lubbock lifeguard team was selected on June 26 to compete in the state championships in Corpus Christi, and they were given two weeks to prepare for the competition. Eleven teams were represented at this competition. The City of Lubbock team placed first in the Spinal Injury Competition and second place overall. A special recognition was presented to the City of Lubbock lifeguard team, as well as certificates of appreciation to their financial sponsors. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Lubbock Junior Ambassadors. The Junior Ambassador Program is a wonderful program for junior high students and their host families sponsored by the City of Lubbock and the Lubbock Independent School district that supports an informal sister city program with the City of Musashino City, Japan. With the annual exchange of 15 to 20 students between Lubbock and Musashino City, the City of Lubbock has an excellent opportunity for cultural as well as economic development inroads. This excellent program has been in existence between Lubbock and Musashino City for over 15 years. This morning we recognize 20 Japanese students and their sponsors who are in Lubbock this week touring our great city. I encourage you to make them feel welcome and continue to support this excellent exchange program of the Lubbock Junior Ambassadors. No. 9 is U.S. Olympic Glory. The September, 2000 Olympic summer games in Australia may be a far cry from Lubbock, but strong links are there. Texas Tech woman track athlete Amanda Banks has taken part in the U.S. Olympic trials, and two Texas decathlon champs, Trafton Rodgers and Stephen Moore, have chosen to train in Lubbock for the U.S. Olympic track and field trials that were held in California this past week. All have benefited from training under the watchful eye of Texas Tech Coach Wes Kittley. No matter the outcome, we are proud of our local athletes who are "going for the gold." No. 8 is Beautiful Broadway. As we enter the 21S` century, one of Lubbock's oldest streets is being transformed into an earlier "turn of the century." Brick by brick, and lamppost by lamppost, Broadway is getting a facelift that celebrates our history and the pride we have in our city. Wrought iron park benches, ornate light poles, beautifully adorned flower boxes, and inlaid brick designs at major intersections and on sidewalks are but a few of the changes city crews have done to make this historic city street a showcase. 22 Regular City Council Meeting July 27, 2000 Page 23 No. 7 is Best of the Best. Congratulations to two Lubbock housing programs chosen for the U.S. Department of Housing and Urban Development "Best of the Best" awards this year. Lubbock Housing authority and the Lubbock chapter of Habitat for Humanity are among 404 across the United States in line for the top 100 housing programs in the nation, beating out 28,000 other nominees. Both Lubbock programs have created unique links with LISD students and parents, bringing training, parental leadership, and hands on experience to low-income families. Once again, Lubbock is being recognized for outstanding community outreach and partnership. No. 6 is Online to inside City Hall. Need to know what the City Council will discuss at their next meeting? Want to find out what is happening at the Buddy Holly Center? Find the answers at the City of Lubbock Internet website. Websurfers can click onto any of 23 city departments from A: Animal Control to almost Z: West Texas Library System, plus there's an email direct line to City Hall. You can also check city employment opportunities, as well as Select -A -Seat, and you can find what is happening around town by clicking onto the Conventions and Tourism Bureau, as well as "www.playlubbock.com" to see what is available for out-of-town guests as well as other entertainment opportunities. Be an informed citizen - log onto www.ci.lubbock.tx.us for all the answers. No. 5 is Citizen HeritAJe. The staff of the Lubbock Avalanche Journal is to be commended for their generosity in recognizing Lubbock's heritage of leadership as the newspaper celebrates its 100' anniversary. Each week during the year 2000, a full page has been devoted to a biography of a historical figure from Lubbock or the South Plains. From Lubbock's very beginning with storeowner George Singer in the late 1890's, to prestigious political leaders such as former Texas Governor Preston Smith, who are living legends, the A-J has crossed boundaries of race, gender and social class to paint a proud picture of our citizenry heritage. No. 4 is Kids Camps/Classes. Children in Lubbock have no reason to say there's nothing to do during their summer vacation from school. Organizations all over the city have opened their doors to Lubbock kids for fun and educational activities. Programs such as the SMART art program, Texas Tech Sports camps, Summer Day Camps at community centers and the YWCA, Vacation Bible Schools at local churches, and classes at the Lubbock Lake Landmark and the National Ranching Heritage Center are only a few of the kid -friendly choices available to make spending summer in the city a fun experience. No. 3 is Year-round. You've heard of the expression "24-7." Well, we are here to remind you that the City of Lubbock serves its citizens "24- 365. " That stands for the fact that the City Hall and its staff is here to serve the citizens of Lubbock 24 hours a day for 365 days every year - a "year-round" commitment to service for the citizens of our community. From summer baseball field and park maintenance, to 24 hour a day traffic and street light coordination, to the Emergency Operations Center that is deployed when the community's safety is at risk, your City is working for you on a year-round basis. No. 2 is Evening shade. With 294 days of sunshine per year, Lubbock's semi -arid climate is perfect for growing a $10 billion agricultural crop annually, but just cool enough at night to sweeten our vintage grapes. Combined with our low humidity, we are able to dine outside most evenings and enjoy our beautiful technicolor sunsets. Contrary to what 23 Regular City Council Meeting July 27, 2000 Page 24 people in some other Texas cities may see, we do have plenty of shade trees. We in Lubbock are just more fortunate to be able to enjoy them on most summer evenings, unlike the major metropolitan areas south and east of here. No. 1 is Safety Day - The Project Impact Way. Safety Day, the Project Impact Way is designed to bring community agencies and families together to discuss general awareness and safety issues. In an effort to bring safety awareness information to area families, "Project Impact: Building Disaster Resistant Communities" will hold a safety and awareness fair on Saturday, July 29, 2000 from 11 a.m. to 5 p.m. at the Science Spectrum located at 2579 S. Loop 289. Various City Departments will be on hand to answer questions and provide safety information. Also demonstrations from the City of Lubbock Fire Marshall's Office, the Lubbock Police Department K-9 and Horse Unit, Animal Services, Traffic Engineering and Health Department will be held throughout the day. This is yet another example of the City of Lubbock helping families to become informed of the many programs and resources available when developing general family safety plans. CONSENT AGENDA (Items 13-33, 35-47) Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to delete Item 34 and approve Items 13-33, 35-47 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (13.) Approval of the minutes of the Regular City Council Meeting of July 13, 2000. (14.) Ordinance No. 2000-00033 amending Chapter 16, Motor Vehicles and Traffic, Section 175.1, so as to alter the prima facie speed limits upon certain streets within the City of Lubbock (Elm Avenue from 661h Street to 50'h Street/40 mph; 21' Street from Joliet to Louisville/20 mph; East 66`h Street from Slaton Highway to MLK/45 mph), and Section 175.2 to establish a new school zone (East 261h Street either side of Date/20 mph) (second and final reading). ORDINANCE NO.2000-00033 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ALTERING THE PRIMA FACIE SPEED LIMITS UPON CERTAIN PORTIONS OF CERTAIN STREETS WITHIN THE CITY OF LUBBOCK; ESTABLISHING A NEW SCHOOL ZONE WITH A REDUCED SPEED LIMIT; PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 2000-00034 determining the necessity of paving a 780-foot portion of the west side of University Avenue south of 80h Street (second and final reading). 24 Regular City Council Meeting July 27, 2000 Page 25 ORDINANCE NO.2000-00034 AN ORDINANCE DETERMINING THE NECESSITY OF THE PAVING OF A CERTAIN PORTION OF THE WEST SIDE OF UNIVERSITY AVENUE FROM 178 FEET SOUTH OF THE SOUTH END OF RADIUS OF 86T11 STREET SOUTHWARD A DISTANCE OF 780 FEET, DETERMINING THE PUBLIC BENEFIT IN PARTICIPATING WITH THE DEVELOPER OF THE PROPERTY ABUTTING THE SAID PORTION OF UNIVERSITY AVENUE, DETERMINING ENGINEERING AND CONSTRUCTION COSTS, DETERMINING THE MAXIMUM AMOUNT OF THE COSTS OF SUCH PARTICIPATION FOR WHICH THE CITY SHALL BE LIABLE. (16.) Ordinance No. 2000-00035 adopting the 1998 Master Thoroughfare Plan and approving amendments to Section 24 of the Lubbock Code amending the definition of the official map, definitions and processes related to the Master Thoroughfare Plan, design specifications for streets and concrete alley paving (first reading). ORDINANCE NO.2000-00035 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING "FREEWAY" TO DEFINITIONS AND DELETING THE DEFINITIONS FOR "RESIDENTIAL" AND "ALLEY" 1N SECTION 24-131; BY AMENDING SECTION 24-133 ESTABLISHING AND ADOPTING THE MASTER THOROUGHFARE PLAN MAP; BY AMENDING SECTION 24-134 REQUIRING THE PLANNING DEPARTMENT TO MAINTAIN A COPY OF THE MASTER THOROUGHFARE PLAN MAP; BY REPEALING SECTION 24-135 AND SECTION 24-136; BY AMENDING SECTION 24-138 TO ESTABLISH THAT THE CITY COUNCIL MAY CHANGE THE MASTER THOROUGHFARE PLAN SUBJECT TO THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION; BY AMENDING SECTION 24- 153(a) TO REQUIRE THE DESIGN, LAYOUT AND PLANS TO CONFORM TO THE SUBDIVISION REGULATIONS (CHAPTER 25); RESERVING SECTIONS FOR FUTURE USE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. In August 1998 the City Council approved Resolution 5986 adopting the 1998 Master Thoroughfare Plan. The process should have been in ordinance form, since the Plan is the document within which right of way dedication is required by the Subdivision Regulations. No changes have been made to the Plan since the resolution was processed. The Planning Commission recommended approval of the original document. A number of items have been gathering on a list to update the Code for definitions and procedures not consistent with current operations. Section 24-1. The proposed change will eliminate reference to paper maps and adopt an electronic map as the official city map with processes for amendment. Proposed: The official map of the city shall be prepared by the city engineer or his designee in a digital format. The official map shall illustrate, at a minimum, streets, alleys and recorded subdivision maps. The city 25 Regular City Council Meeting July 27, 2000 Page 26 engineer is hereby authorized and directed to revise the official map, at a minimum, when a plat or other legal instrument is properly recorded in the office of the Lubbock County Clerk or when otherwise directed by ordinance. Sections 24-131: Amends definitions for the Master Thoroughfare Plan to match current word use and eliminates several definitions which are not referenced on the Plan. Proposed: (1) Collector. Collector streets are those which transfer traffic from residential streets to thoroughfare streets (C-1 on Master Thoroughfare Plan), generally located along half section lines. (2) Expressway or Freeway (E-1 or E-2 on Master Thoroughfare Plan). A divided expressway freeway for through traffic with full control of access and with grade separations at a major intersections. Expressways and freeways shall have a minimum right-of-way width of 210 feet. (3) Industrial. Industrial streets are those which provide for safe and efficient travel of heavy traffic from industrial areas to the major traffic system of thoroughfares and highways, including the principal entrance streets of and streets for circulation in the industrial areas. (I on Master Thoroughfare Plan). (4) Master thoroughfare plan. A general plan for the roads, streets, and public highways within the city and the ETJ. The plan shall designate the type and width of major streets. (5) Street. The term "street" shall refer to a dedicated public way for vehicular traffic, however designated. (6) Street access. Each platted tract or lot within the City of Lubbock shall front onto a public street, and shall have rear access to an alley, unless provided for otherwise under provision of existing City Code or by action of the City Council. (7) Thoroughfare Streets or Highways (T-1 or T-2 on Master Thoroughfare Plan). Thoroughfare streets are the major streets of the city traffic system, generally located on section lines. The thoroughfare is used primarily for fast and/or heavy traffic moving in large volumes at moderate speed on long intercity or intracity trips. Section 24-133/134: Updates the Master Thoroughfare Plan to the 1998 model proposed for adoption and requires a copy to be displayed in the Planning Department. Proposed: The master thoroughfare plan map of the city is hereby established and adopted and made a part of this article as if the same were set forth herein in detail. An original of each update shall bear the signature of the mayor and attestation of the city secretary who shall maintain that original in an ordinance file. A true and correct copy of the master thoroughfare plan shall be maintained in the Planning Department. W Regular City Council Meeting July 27, 2000 Page 27 Section 24-138: Updates the process for amendment of the Plan by the City Council. Proposed: The City Council may, by ordinance, amend, supplement, change, modify or repeal any of the provisions of this article or the Master Thoroughfare Plan map. Any proposed ordinance change to the Master Thoroughfare Plan map shall be made subject to a public hearing and a recommendation from the Planning and Zoning Commission. Section 153 (a): Updates the guidelines for conformance with the Thoroughfare Plans. Proposed: The standard design, layout and plans for the construction, reconstruction, and/or replacement of all pavement for streets and drainage structures in the City of Lubbock shall conform to the subdivision regulations (Chapter 25) and the Master Thoroughfare Plan of the city and be constructed according to the most recent applicable specifications approved by the City Council and plans approved by the city engineer. Section 24-164: Specifies that the most recent City Council approved specification shall be the required specifications for street design and construction. Proposed: The design, layout and plans shall be approved or furnished by the city engineer. The most recent City Council approved specifications shall be furnished by the city engineer. Section 24-165: Adds a requirement to the alley paving section that alleys adjacent to nonresidential development that are proposed for use in draining the lot must be paved. Commercial runoff in unpaved alleys creates a continually muddy and difficult maintenance issue. The developer has the option of diverting runoff to adjacent streets rather than the alley if he or she does not want to pave. Proposed: Concrete alley paving shall be constructed in accordance with the most recent City Council approved specifications which shall be furnished by the city engineer. Alleys adjacent to nonresidential property that are proposed for traffic use or when site drainage is directed to the alley shall be paved to the point of discharge to a paved street, another paved alley, or drainage channel. The staff supports amendment of these sections of the Code. (17.) Resolution No. 2000-RO243 authorizing the Mayor to execute for and on behalf of the City of Lubbock a contract with U.N.I.T. Neighborhood Association for the installation of neighborhood identification signs. 27 Regular City Council Meeting July 27, 2000 Page 28 RESOLUTION NO.2000-RO243 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 with U.N.I.T. Neighborhood Association for the installation of neighborhood identification signs. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl D. Hart, Jr. Jeryl D. Hart Jr., Traffic Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0243. This contract allows the City to manufacture and install neighborhood identification signs at all the street corners within the U.N.I.T. Neighborhood at a contract price of $39.50. This price is the estimated cost for the City of Lubbock to provide this service. There are approximately 150 signs and the total estimated cost is $6,000 that will be paid by the U.N.I.T. Neighborhood Association. The contract also provides for replacement signs to be paid for by them as needed. This contract is a result of the U.N.I.T. Neighborhood Association's desire to enhance neighborhood identity and pride. The Traffic Engineering Department recommended approval of this resolution and contract. (18.) Resolution No. 2000-RO244 authorizing the Mayor to execute a contract with Lubbock Land Company and Williams & Peters Construction Company for paving a 780-foot portion of the west side of University Avenue south of 860' Street. RESOLUTION NO. 2000-RO244 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock, Lubbock Land Company and Williams & Peters Construction Company, Inc., and any other related documents. Said Contract is attached hereto and Regular City Council Meeting July 27, 2000 Page 29 incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27'' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution 2000-R0244. For years, there has been a leaveout for the full width paving of University Avenue between 82°d Street and 90' Street along the west side of this thoroughfare. The original leaveout was due to the property owner's unwillingness to dedicate the right-of-way at the time the other portion of University was paved under an assessment paving program in the 1970's. As the years have gone by, the land was sold, and small parcels have been platted from time to time. As these parcels have been platted, the developer has provided for those paving improvements to widen University to full width. Currently, there is approximately 910 linear feet of leaveout along the west side of University south of 86'' Street. The owner of this land, Randy Neugebauer, is about to plat another small parcel with about 130 linear feet of unpaved frontage along University, which would leave about 780 linear feet of the thoroughfare remaining unpaved full width. Over the years, the staff has received numerous complaints about this thoroughfare not being paved full width creating a bottleneck for southbound traffic. In researching accident records, there have been 9 accidents over the last 5 years along this section of University. Because of these problems, the staff approached Mr. Neugebauer about the possibility of him completing the full width paving along University, including the footage outside of the property currently planned for development. He indicated a desire to finish the paving, but stated there were no immediate plans to plat the remaining 780 linear feet along University which could bring in revenue for him to pay for this paving. He asked if the City could participate in the cost of the paving of this frontage not being developed at this time. The Paving Policy, established by City Council, sets out the width the adjacent property owner is responsible for paving on thoroughfares, with the City responsible for all the remaining paving costs. In this case, 29 Regular City Council Meeting July 27, 2000 Page 30 there would be very little City extra width participation, under policy, because of the leaveout width that exists. The staff also engaged an appraiser, Jimmy Goddard, to perform a value study of the paving adjacent to the property that will not be developed, such as would be performed for an assessment paving program. The results of that enhancement study indicated an enhancement to this property of $32,000. This would normally be the amount staff would recommended the property owner's share of the cost should be if paved through an assessment program. State Law also provides a mechanism where cities can participate in a developers paving contract up to a maximum of 30 percent of the contract amount. The developer has a contract from a paving contractor to pave the portion adjacent to the property planned to be developed, and the 780 linear feet adjacent to the property not planned for platting in the amount of $73,490.31. The amount of this paving contract, which would only pertain to the 780 linear feet that will remain unplatted, is $63,531.81. Thirty percent of that amount is $19,059.54. This bid is consistent with similar paving projects. Engineering for the paving of this leaveout is estimated at $4,900. Thirty percent of the engineering is $1,470. The staff recommended approval of this resolution authorizing the Mayor to execute the contract with the developer and contractor for these paving improvements due to public safety and need, contingent on Council approving the second reading of the ordinance also on this agenda. It is recommended that the City participate in an estimated $19,059.54, that is 30 percent of the cost of the developer's contract to pave this portion of University and $1,470 that is 30 percent of the estimated engineering cost for this leaveout paving project. The total City participation in cost would therefore be approximately $20,529.54. If this project went through the normal assessment procedure, the City cost is estimated to be about $36,000 rather than the $20,529.54. Therefore, participating with the developer in the cost of this project will result in estimated savings of about $15,000 rather than going through a typical assessment paving program. The developer is agreeable to this amount of City participation in order to complete the full width paving of this thoroughfare street. (19.) Resolution No. 2000-RO245 authorizing the Mayor to execute an easement for an equipment station with Southwestern Bell Telephone Company (2610 North Quaker Avenue). RESOLUTION NO.2000-RO245 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an instrument entitled "Easement For Equipment Station" located in Section 13, Block A, Lubbock County, Texas unto Southwestern Bell Telephone Company. Said instrument is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 30 Regular City Council Meeting July 27, 2000 Page 31 Passed by the City Council this 27'' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice A copy of the Easement is filed with Resolution No. 2000-R0245. This resolution grants Southwestern Bell an easement to install a telephone equipment control panel on a 20-foot by 30-foot tract of City property just east of North Quaker Avenue and south of Adrian Street. This tract of City property was acquired several years ago for the Water Utilities water reservoir site at North Quaker Avenue and Clovis Road. Southwestern Bell will install this equipment station in an area of the property that is not needed for future use. Southwestern Bell will pay the City $2,500 for this easement which is well within the market value of the property in this area. The Right -of -Way Department recommended the approval of this easement with Southwestern Bell. (20.) Resolution No. 2000-RO246 authorizing the Mayor to execute an easement for an equipment station with Southwestern Bell Telephone Company (5401 North Martin Luther King, Jr. Boulevard). RESOLUTION NO.2000-RO246 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an instrument entitled "Easement For Equipment Station" located in Section 2, Block D-3, Lubbock County, Texas unto Southwestern Bell Telephone Company. Said instrument is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 31 Regular City Council Meeting July 27, 2000 Page 32 Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice A copy of the Easement is filed with Resolution No. 2000-R0246. This resolution grants Southwestern Bell an easement to install a telephone equipment control panel on a 20-foot by 30-foot tract of City property along the east side of Martin Luther King, Jr. Boulevard, just north of East Bluefield Street. This is on property owned by the Aviation Department and is adjacent to the north side of an existing Southwestern Bell facility. This equipment station will serve the Airport and other aviation related businesses in this area. Southwestern Bell will pay the City $2,500 for this easement which is well within the market value of the property in this area. The Right -of -Way Department recommended the approval of this easement with Southwestern Bell. (21.) Resolution No. 2000-RO247 authorizing the Right-of-way Department to make an offer to Tommyesue Lindsey Slaughter and American State Bank, as trustee of the Ralph Lindsey, Jr. testamentary trust for 349.67 acres of land in Section 47, Block P and Section 13, Block D-6, Lubbock County, Texas for a Lubbock Police Department Firing Range (west of Reese Center on 19' Street). RESOLUTION NO. 2000-RO247 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for Lubbock Police Department Firing Range, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: 32 Regular City Council Meeting July 27, 2000 Page 33 349.67 acres of land out of Section 47, Block P, and Section 13, Block D-6, situated in Lubbock, Lubbock County, Texas, and more fully described as follows: BEGINNING at a point in the North line of Section 47, Block P, same being 1750.35 feet east of the Northwest corner of Section 47, Block P; THENCE East along the North line of Section 47, Block P, 1746.5 feet to a point in the North line of Section 47, Block P; THENCE South 8722.8 feet to a point in the North right-of-way line of State Highway No. 114; THENCE North 89 degrees 04' West along the North right-of-way line of State Highway No. 114, 810.6 feet to a point; THENCE South 0 degrees 56' West along the North right-of-way line of State Highway No. 114, 20.0 feet to a point; THENCE North 89 degrees 04' West along the North right-of-way line of State Highway No. 114, 935.8 feet to a point; THENCE North 8717.2 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owner of said tract, being TOMMYESUE LINDSEY SLAUGHTER, as her sole and separate property and AMERICAN STATE BANK, as Trustee of the Ralph Lindsey, Jr. Testamentary Trust, BE offered through the Right -of - Way Department of the City of Lubbock the amount of $262,500 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. Passed by the City Council this 27 h day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Ka thie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Recently, the City of Lubbock moved the Police Department Academy to Reese Center. Land has been located near there for a new firing ran since the existing firing range on Municipal Drive is small, outdated ge the Police Academy is no longer at this location. This new firing rangd will not only be for pistols, but for shotguns and long range rifles. The acreage being purchased is for the firing range itself and for a firearm 33 Regular City Council Meeting July 27, 2000 Page 34 discharge clear zone. This resolution being presented before City Council is to purchase 349.67 of the total 600 (approximate) acres needed for this firing range. Additional resolutions will be presented to the City Council in September for the remaining 250 (approximate) acres. This land is adjacent to the north side of State Highway 114 (19'' Street) and west of Reese Center one-half mile. Jim Bowman, MAI, has appraised this property for $262,500 or $750 per acre rounded. This appraised value was taken from market sales in the immediate area. Therefore, our offer to Tommyesue Lindsay Slaughter and the American State Bank as Trustee is $262,500. This resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire this property. The Right -of -Way Department recommended the approval of our offer to these property owners. (22.) Resolution No. 2000-RO248 reappointing temporary and substitute judge (Jan Blacklock Matthews, Associate Judge) for the Lubbock Municipal Court of Record. RESOLUTION No. 2000-RO248 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lof the Lubbock Municipal Court ck hereby appoints Jan o of Matthews as temporary and substitute Jck udgeby the Record. This appointment shall be effective upon final pe shall be for two years assage of this Resolution and the City Council of the City of Lubbock. The term o salary shall be as provided by the City of Lubbock budget ordinance for such position. Passed by the City Council this 271' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAY ATTEST: /s/ Kathie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT /s/ Robert Dot Robert Doty, Municipal Judge APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The initial term of service of Judge Jan Matthews has aXde facto' judgepired as of , 17, 2000. While she continues to serve officially be more appropriate to absent a specific act of reappointment), appropriate o take specific Council action to reappoint her, to eliminate any potential question of the legality of her actions. She will continue to hear juvenile q 34 Regular City Council Meeting July 27, 2000 Page 35 cases, process citizen comment letters and other administrative matters, and provide relief for the Presiding Judge when he is absent from the City, ill, on vacation, etc. Judge Matthews has agreed to continue service and accept reappointment. The Associate Judge will continue to act under the direction of the Presiding Judge. Compensation for the position is recommended to be $50 per hour. The number of anticipated hours by Judge Matthews (averaging approximately 10 hours per week), at the rate set forth above, should be well within the amount of compensation already provided for the position in the budget. Staff recommended approval of this Resolution. (23.) Resolution No. 2000-RO249 to exercise the option to renew the City of Lubbock's depository contract with American State Bank under the same terms and conditions for an additional two-year period. RESOLUTION NO. 2000-RO249 WHEREAS, the City Council finds that it would be in the public interest to exercise an option to renew the City of Lubbock's Depository Contract with American State Bank under the same terms and conditions for an additional two-year period; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby exercises its option to renew the depository agreement executed August 1, 1997, with American State Bank for an additional two-year period as provided by the said agreement. The City Manager or his designee is hereby authorized and directed to provide written notice to American State Bank of the City's desire to extend the depository agreement. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0249. The original depository contract with American State Bank was approved and passed by Resolution No. 5587 at the August 14, 1997 City Council Meeting. Section I of the contract states that "The term of this Contract 35 Regular City Council Meeting July 27, 2000 Page 36 shall be three (3) years commencing on the Is' day of August, 1997, and ending on the 31" day of July, 2000, with an option to renew under the same terms and conditions for an additional two-year period." The City's Cash & Debt Manager completed a study evaluating current costs for the depository contract and found our current costs to be very competitive with the market. The level of service staff are experiencing is consistent with our needs. As staff are experiencing a high level of service at a competitive price and, as there is a cost associated with changing banks, the Investment Review Committee recommended that City Council approve an extension to the current contract for an additional two-year period. Staff recommended renewal of contract. (24.) Resolution No. 2000-RO250 authorizing the Mayor to approve the Lubbock Emergency Communication District (LECD) budget for fiscal year 2000-2001 and the LECD action in setting the service fee at six percent of the telephone base rate. RESOLUTION NO.2000-RO250 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 approve for and on behalf of the City of Lubbock, the Lubbock Communications District (LECD) budget for fiscal year 2000-2001 and the LECD action in setting the service fee at six percent of the telephone base rate. Said budget is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27"' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning, Sharlett Chowning, Managing Director Information Technology APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Budget is filed with Resolution No. 2000-R0250. Lubbock Emergency Communication District (LECD) is required to submit its annual budget for approval to governing bodies within the boundaries of the District. For that reason, the LECD Board of Managers is submitting its Fiscal Year 2000/2001 Budget. It was the 36 Regular City Council Meeting July 27, 2000 Page 37 unanimous opinion of the LECD Board of Managers that the proposed budget represents a fair and prudent financial plan to accomplish the LECD mission of providing Enhanced 9-1-1 service to the citizens of Lubbock County. It was further ordered, by the Board of Managers, that the service fee, as authorized by Texas Health and Safety Code Section 772.301 through 772.329, be maintained at 6 percent of the base telephone rate on all service users in the District. The typical monthly service fees are $.55 for residential service and $1.28 for business service. Staff recommended acceptance of the LECD's fiscal year 2000-2001 proposed budget. (25.) Resolution No. 2000-RO251 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an Economic Development Initiative —Special Projects Grant Agreement and all related documents between the City of Lubbock and the Housing and Urban Development Department for the American Wind Power Center. RESOLUTION NO.2000-RO251 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 Economic Development Initiative - Special Projects Grant agreement, by and between the City of Lubbock and the Housing and Urban Development Department for the American Wind Power Center, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the _ minutes of the City Council. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WIINDY 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 Grant Agreement is filed with Resolution No. 2000-RO251. The Department of Housing and Urban Development (HUD) has given approval for a $323,750 allocation to the American Wind Power Center. The City of Lubbock's Community Development Department will serve 37 Regular City Council Meeting July 27, 2000 Page 38 as the Grantee for the purposes of this grant. The Wind Power Center will be a sub -grantee. This grant became a reality with the assistance of Congressman Combest and his support of the project. Congress allocated these funds for the Wind Power Center. This agreement allows us to proceed with the project, and to draw down the funds. These funds will be used for the operation of the facility, and to assist with the construction of the interpretative center. The use of the funds is designed to be flexible in order to allow the project to move forward. Community Development recommended the approval of this agreement. (26.) Resolution No. 2000-RO252 approving the Community Development Department's recommendation for changes to the City of Lubbock 1999 HUD Action Plan, and reallocation of 1999 CDBG grant funds. RESOLUTION NO. 2000-RO252 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts the recommendations for changes to the 1999 Action Plan, and reallocation of 1999 CDBG grant funds and all related documents. Said recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Recommendations is filed with Resolution No. 2000-R0252. The Community Development Department is requesting approval to shift CDBG funds from various CDBG projects into the sidewalk project in order to complete the sidewalk program in the current targeted areas. Since the new targeted areas come into effect in October, staff want to shift funds to finish this project before September 30, 2000. Currently staff are working in Arnett Benson, Jackson Mahon, Harwell, Chatman, and Heart of Lubbock. By shifting $62,000 from other CDBG activities it will allow us to finish up sidewalks identified for replacement 99 Regular City Council Meeting July 27, 2000 Page 39 in these neighborhoods. Funds have been identified from the following projects, all of which are either located in internal department or completed projects; no funds will be shifted from outside agency projects that are still underway. Proposed shifts: $10,000 from 1997 Neighborhood Beautification $10,000 from 1998 Neighborhood Beautification $ 8,000 from 1998 Replacement Reserves $14,000 from Interfaith Hospitality Acquisition (completed under budget) $20,000 from 1998 Rental Reconstruction $62,000 placed into 1999 sidewalk project Community Development recommended approval of these funding recommendations to allow completion of work in current targeted areas before staff enter the new target areas in October. (27.) Resolution No. 2000-RO253 authorizing the Mayor to direct and execute for and on behalf of the City of Lubbock an agreement by and between the City of Lubbock and the Texas Association of Local Health Officials Collaborative and the Texas Rural Hospital Telecommunications Alliance and related documents. RESOLUTION NO. 2000-RO253 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the Texas Association of Local Health Officials Collaborative and the Texas Rural Hospital Telecommunications Alliance and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27' day of July, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney 39 Regular City Council Meeting July 27, 2000 Page 40 A copy of the Agreement is filed with Resolution No. 2000-R0253. The Lubbock Health Department is eligible for up to $60,000 in Non - Competitive Grant money for Local Health Departments (PH5) being made available through the Telecommunication Infrastructure Fund Board (TIFB). Typically, a 10 percent match ($6,000 maximum) of the total funding being requested would be required by the City. No match will be required from City of Lubbock funds. The Texas Department of Health (TDH) has agreed to utilize $426,000 of the health alert network funding to provide the required 10 percent local match. Participation in this grant should provide technology advancement to accomplish public access for medical information, communications of critical Health Alerts, access to surveillance data, health advisories, emergency response information, diagnostic and treatment guidelines and other data critical to minimizing the impact of bioterrorism acts or other public health emergencies, online disease reporting, and better epidemiological investigation and reporting. The Lubbock Health Department is eligible for this funding by having been identified as a public health department responsible for providing public health services to one of the cities named in the Response to Weapons of Mass Destruction Act of 1997. The Lubbock Health Department is a member of the Texas Association of Local Health Officials (TALHO) who is coordinating participation in this grant process. TALHO will submit a single proposal that will include many public health departments in one application. TALHO will be working through another organization, Texas Rural Hospital Telecommunications Alliance (Alliance), to help administer this funding which staff expect to be about $4.26 million dollars. The Telecommunication Infrastructure Fund is a State Fund governed by a nine -member board of directors that is charged with disbursing up to $150 million per year through loans and a formal grant program. TIFB's specific charge is to help develop the public schools, public libraries, two- and four-year colleges and universities, and the public health delivery system to Texas' emerging statewide telecommunication network. This program fulfills the Core Missions of Public Health —those of Surveillance, Prevention, Health Education, and Laboratory Support. Without the funding from the Telecommunication Infrastructure Fund Board grant, our ability to respond to public health disasters will be greatly diminished and the risk of illness in the Lubbock citizens would be increased. Therefore, staff recommended approval of the resolution. (28.) Resolution No. 2000-RO254 authorizing the Mayor to execute the assignment of the Ports -to -Plains interlocal agreements to the Ports - to -Plains Trade Corridor Coalition. RESOLUTION NO. 2000-RO254 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 Bill of Sale and Assignment authorizing the Mayor to execute the assignment of the Ports -to -Plains Interlocal Agreements to the Ports -to -Plains Trade Corridor Coalition, and other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. .s Regular City Council Meeting July 27, 2000 Page 41 Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0254. In an effort to solidify the Ports -to -Plains Trade Corridor Coalition the City of Lubbock has entered into thirty-six interlocal agreements with cities and counties along the Ports -to -Plains route. By entering into these agreements with the City of Lubbock, these cities agreed to pay their proportional share to the Ports -to -Plains initiative. These funds have been utilized to further the corridor's efforts. During the Ports -to -Plains Summit, in November, the coalition members voted to create a corporation organized as a business league within the meaning of Section 501(c)(6) of the Internal Revenue Code of 1986. On January 21, 2000, the Secretary of State approved and placed on record the Ports -to -Plains Trade Corridor Coalition's Articles of Incorporation. Therefore, it has become necessary for the City of Lubbock to assign the interlocal agreements pertaining to the Ports -to -Plains Trade Corridor to the non-profit organization. The Coalition will assume all of the responsibilities associated with developing, preserving, enhancing, expanding, and improving the trade corridor. Staff recommended Council authorize the Mayor to assign the Ports -to - Plains interlocal agreements to the Ports -to -Plains Trade Corridor Coalition. (29.) Resolution No. 2000-RO255 authorizing the Mayor to execute an interlocal cooperation agreement with Lubbock County for purposes of establishing the Lubbock Regional Bomb Squad and Explosive Ordinance Disposal Unit, to protect health, life, and property within the city and county in cases of threat of concealed explosives, or the threat of force or violence in which explosive devices may be utilized. RESOLUTION NO. 2000-RO255 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 LUBBOCK REGIONAL BOMB SQUAD AND EXPLOSIVE ORDNANCE AGREEMENT for law enforcement purposes to 41 Regular City Council Meeting July 27, 2000 Page 42 form a bomb squad and explosive ordnance disposal unit to become accredited through the Federal Bureau of Investigation to protect health, life and property within the region, by and between the City of Lubbock and Lubbock County, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if full copied herein in detail. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker by Dale Holton Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0255. Since the early days of modern law enforcement in America, and historically in Texas, agreements between municipalities for mutual public safety services have been used in emergency situations. In addition to providing enhanced protection to the public, such agreements allow jurisdictions to pool resources, defray certain training costs, and establish administrative rules and procedures on a regional basis. Today the City of Lubbock has several regional mutual aid agreements relating to joint operations, such as drug task force. The establishment of a bomb squad is another area in which interlocal cooperation can prove beneficial. The relatively high cost of equipment and training combined with the specific mission of public safety bomb squads makes mutual aid agreements in this area a sound idea for many agencies. In 1987, the National Guidelines for Bomb Technicians were established under the direction of the FBI's Bomb Data Center/Explosives Unit - Bomb Data Center. The guidelines mandate that the Chief of Police certify that the department possess bomb technician and essential safety equipment, either in its current inventory, in a proposed budget, or available through another agency by mutual aid agreement. The proposed interlocal agreement provides for the sharing of equipment and trained personnel necessary for the City of Lubbock to comply. Compliance must be met before the City or County can send prospective bomb technician candidates to the FBI's Hazardous Device School (HDS), an intensive six week training course at the U.S. Army's Redstone Arsenal in Huntsville, Alabama. The City Attorney's Office recommended that the resolution be passed. 42 Regular City Council Meeting July 27, 2000 Page 43 (30.) Resolution No. 2000-RO256 authorizing the Mayor to execute a rental contract with CAT Rental for lease of portable pumps for pumping storm water. RESOLUTION NO.2000-RO256 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 Emergency Rental Agreement, by and between the City of Lubbock and The Rental Store. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0256. This contract is to lease portable pumps being used to pump storm water from six playa lakes in Southwest Lubbock. Estimated rental cost is $40, 000. Staff recommended execution of the agreement. (31.) Resolution No. 2000-RO257 authorizing the Mayor to execute an interlocal agreement with Lubbock Emergency Communications District and Lubbock Central Appraisal District for Sharing Geographic Information Systems. RESOLUTION NO.2000-RO257 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 between the City of Lubbock (City), Lubbock Emergency Communication District (LECD), and Lubbock Central Appraisal District (LCAD), for sharing Geographic Information Systems, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 43 Regular City Council Meeting July 27, 2000 Page 44 Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sally Still Abbe Sally Still Abbe, City Geographic Information Specialist /s/ Sharlett Chowning Sharlett Chowning, City Information Technology Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice A copy of the Agreement is filed with Resolution No. 2000-R0257. The City of Lubbock, Lubbock Emergency Communications District and Lubbock Central Appraisal Districts are executing this agreement for interagency data sharing. The City, LECD and LCAD share common land area, and wish to eliminate duplication of mapping services in those areas. Therefore, the City will provide LCED and LCAD with maps of the City and LCAD will assume maintenance of the maps of the County from LECD. Unlike the situation just a few years ago, technological advances in Geographic Information Systems and databases have made it possible for the three agencies to share data without using common mapping software. This agreement also sets the framework for future data sharing when information of interest to the other agencies, such as zoning, becomes available in digital format. The boards of both Lubbock Emergency Communications District and Lubbock Central Appraisal District have already reviewed and approved this document. Staff recommended approval. (32.) Consider request of Charles Skibell for approval of privately owned parcels as islands in the proposed York Avenue within the proposed Tanglewood Terrace plat (24' and Slide). Subsequent to a recent zone case for garden homes at 24'' and Slide, Charles Skibell is in the process of platting the project. The proposed plat contains two islands in the street, which require City Council approval. The objectives for Council consideration are verification that the islands will remain private property, have an adequate source of maintenance, and create a record to reinforce the contention that the City will not take the parcels for public maintenance at a future date. Streets Engineering and Planning are not in disagreement with the proposal, so long as the Council understands that these parcels often are proposed for public maintenance when the neighborhood group gets tired Regular City Council Meeting July 27, 2000 Page 45 of taking care of them. The islands will create a more pleasant atmosphere and additional parking in the short cul-de-sac street. Minuted action provides the defense against future proposals for public maintenance. Staff supports the request. (33.) Review proposed amendment to City Council Rules and Procedures with regard to providing more flexibility on City Council agendas. The City Council agenda format is established in the City Council Rules and Procedures. Because of the recent staff reorganization, the agenda format needs to be changed to reflect the current organization. In order to give staff more flexibility when these changes are needed, it has been suggested that the agenda format be removed from the City Council Rules and Procedures. This would require that Subsection III.B.Il.c, entitled "Agenda Format," be deleted from the Council rules and that the next remaining Subsection d be renumbered to be Subsection c. The Council Rules state that amendments must be introduced into the record at a Council meeting prior to being formally adopted. A resolution will be presented for approval at the regular Council meeting to be held on August 24, 2000. This is a fairly lengthy document so it is not included in Council back- up; however, it is available for review. A complete copy of the rules will be provided to Council at the August 24 Council meeting. Staff recommended approval of this rule change. (34.) Consider the price and 54490-0-2760 & 2770 Manhattan Heights Area. This item was deleted. condition of the sale of Parcel Numbers it 2918 & 2921 Beech Avenue in the (35.) Resolution No. 0258/Bid #00-106 - Sale of Scrap Metal - Annual Pricing (Solid Waste). RESOLUTION NO. 2000-RO258 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for sale of scrap metal and plastic -annual pricing, by and between the City of Lubbock and Jarvis Metals Recycling of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 45 Regular City Council Meeting July 27, 2000 Page 46 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0258. This bid establishes annual pricing for the sale of various types of scrap metal to help divert scrap metal from the landfill waste stream. The successful contractor is responsible for providing roll -off containers at the city warehouse for the disposal of scrap metal. Scrap metal from the recycling drop-off centers and the landfill will be delivered to the successful bidder by city personnel. Pricing for each category of scrap metal will be based on Nonferrous Scrap Prices and Scrap Iron & Steel Priced listed in the American Metals Market, a daily publication, and will be allowed to fluctuate with the market. The price paid for each delivery will be a percentage of the Houston Market High per gross ton on the day of scrap delivery. The highest bid is from Jarvis Metal Recycling of Lubbock, Texas. (36.) Bid #00-107 - Creosote Wood Poles - Annual Pricing (Electric Production). This bid establishes annual pricing for a variety of classes and sizes of creosote wood poles used to support LP&L's overhead lines and equipment. Order quantities of each size and class will be determined by actual need. The low bid is $158,278.23 from North Pacific Lumber Company of Portland, Oregon and is within the Overhead Material Charges budget amount. (37.) Bid #00-122 - Uniform Rental & Laundry Services - Annual Pricing and reject alternate bids with lockers (Various Departments). This bid establishes annual pricing for two years for uniform rental and laundry services for approximately 515 Water Utilities, LP&L, Fleet Services, Facilities Management, and Parks and Recreation employees. The budget amount for each uniform is $1.50. The cost per uniform from the low bidder will be approximately $1.04, depending upon the type and style selected by the departments. Alternate bids were solicited for uniform rental and laundry services with lockers. UniFirst of Lubbock, Texas submitted the lowest bids for both the base bid and the alternate bid. However, without knowing the exact number of lockers to be provided, UniFirst's alternate bid was for standard uniform sizes only and was subject to a two-year contract extension. Therefore, staff recommended that City Council reject all alternate bids and award the base bid for uniform rental and laundry services to UniFirst. UniFirst has executed a separate contract for supplying lockers. Based on current requirements, lockers for 52 employees will be provided at an annual cost of one dollar. W. Regular City Council Meeting July 27, 2000 Page 47 The low bid is $252,966.48 for two years from UniFirst of Lubbock, Texas and is within the budget amount provided in the annual budget schedule provided to the departments. (38.) Bid #00-125 - Engine Oils & Lubricants - Annual Pricing (Fleet Services). This bid establishes annual pricing for the purchase of engine oils and lubricants for the City of Lubbock Fleet Services Department. Products include motor oil, transmission fluid, hydraulic fluid, grease, and gear lubricant. The low bid is $66,042.85 from Western Marketing, Inc. of Lubbock, Texas and is within the Fleet Services Inventory -Auto Parts budget amount. (39.) Bid #00-136 - Gasoline & Diesel Fuel - Annual Pricing (Fleet Services). This bid was an interlocal cooperative purchasing effort between the City of Lubbock, Lubbock County, Lubbock Independent School District, and Frenship Independent School District. The bid establishes annual pricing for bulk unleaded gasoline and diesel fuel supplied to city owned fuel sites and individual city departments with small storage tanks. The bid also includes unleaded gasoline and diesel fuel dispensed at vendor owned automated fuel sites located throughout the city. The low bid for bulk fuel is $1,152,293.50 from Benton Oil Company of Lubbock, Texas. The low bid for fuel dispensed at automated fuel sites is $260,833.50 from Benton Oil Company of Lubbock, Texas. (40.) Resolution No. 0259/Bid #00-137 - LP&L Southwest Substation Control Building (Electric Distribution). RESOLUTION NO. 2000-RO259 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to furnish all materials and services for Lubbock Power & Light Southwest Substation Control Building, by and between the City of Lubbock and All Texas Builders, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27' day of July, 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 EVA Regular City Council Meeting July 27, 2000 Page 48 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 27th day of July, 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 All Texas Builders, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-137 - LUBBOCK POWER & LIGHT SOUTHWEST SUBSTATION CONTROL BUILDING - $93,535.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. Regular City Council Meeting July 27, 2000 Page 49 ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Zheng Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: All Texas Builders, Inc. Bv: /s/ Tonv Ratliff PRINTED NAME: Tony Ratliff TITLE: President COMPLETE ADDRESS: All Texas Builders, Inc. P.O. Box 3486 Lubbock, Texas 79452 This bid is for the construction of the LP&L Southwest Substation control building that will provide additional capacity, reliability and security for the current LP&L transmission system. The low bid is $93,535 from All Texas Builders, Inc. of Lubbock, Texas and is within the LP&L System Capital Outlay -Increase Chalker Substation budget amount. (41.) Resolution No. 0260/Bid #00-148 - Drying Bed Wall Replacement at Water Treatment Plant (Water Utilities). RESOLUTION NO. 2000-RO260 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to furnish all materials and services for drying bed wall replacement at water treatment plant, by and between the City of Lubbock and Brown -McKee, Inc., of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary M%l Regular City Council Meeting July 27, 2000 Page 50 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 27th day of July, 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 Brown -McKee, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of th hereinafter mentioned, to be made and performed by conditions expressed in the bond bearing even d CONTRACTOR hereby agrees with OWNER to c o and under the (if any) the complete the BID #00-148 - DRYING BED WALL REPLACEMENT AT THE WATER TREATMENT PLANT - $226,658.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 50 Regular City Council Meeting July 27, 2000 Page 51 ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Peggy H. Young CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Brown -McKee, Inc. Bv: /s/ Mike P. Oles PRINTED NAME: Mike P. Oles TITLE: President COMPLETE ADDRESS: Brown -McKee, Inc. 906 E. Slaton Road Lubbock, Texas 79404 This bid is for the demolition and removal of the existing drying bed walls and construction of new drying bed walls at the Water Treatment Plant. This project is part of the ongoing maintenance of the plant. The existing walls have been in place for more than 30 years and need to be replaced because they are in bad condition. The low bid is $226,658 from Brown -McKee, Inc. of Lubbock, Texas and is within the Rehabilitation Water Treatment Plant Drying Bed budget amount. (42•) Resolution No. 0261Bid #00-155 - Drainage Improvements for Playa Lake #13 (Storm Water Engineering). RESOLUTION NO.2000-RO261 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to furnish all materials and services for drainage improvements for Playa Lake #13, by and between the City of Lubbock and Commercial Concrete Construction of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27 h day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 51 Regular City Council Meeting July 27, 2000 Page 52 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 27th day of July, 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 Commercial Concrete Construction, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-155 - DRAINAGE IMPROVEMENTS FOR PLAYA LAKE #13 - $32,272.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 52 Regular City Council Meeting July 27, 2000 Page 53 ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Commercial Concrete Construction By: /s/ Edward E. Martin PRINTED NAME: Edward E. Martin TITLE: President COMPLETE ADDRESS: Commercial Concrete Construction P.O. Box 3125 Lubbock, Texas 79452 This bid is for the construction of approximately 860 feet of concrete drainage channel to extend an existing concrete drainage channel towards a playa lake to aid storm drainage. The work will be done in existing drainage easements on the north side of the Slaton Highway. The storm water flows in a northeasterly direction to the playa lake at the southwest corner of 66'' Street and Martin Luther King, Jr. Boulevard. The low bid is $32,272 from Commercial Concrete Construction of Lubbock, Texas and is within the Storm Sewer Systems Improvements budget amount. (43.) Bid #00-156 - Trenching, Boring, and Excavation Services for Lubbock Power & Light and Traffic Engineering -Annual Pricing (Electric Distribution). The purpose of this bid is to establish annual pricing for underground work performed in LP&L service areas, on the campus of Texas Tech University, and in traffic signal equipment areas. Trenching, boring and excavation services are required to maintain and expand LP&L's underground distribution system. The low bid is $494,001.89 from H. D. Weaver Ditching Services, Inc. of Lubbock, Texas and is within the System Capital Outlay -Underground Distribution budget amount. (44.) Resolution No. 0262/Bid #00-157 - Pre -Engineered Metal Building at the Water Reclamation Plant (Water Utilities). RESOLUTION NO. 2000-RO262 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to furnish all materials and services for pre-engineered metal building at the water reclamation plant, by and between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related 53 Regular City Council Meeting July 27, 2000 Page 54 documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27' day of July, 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 27th day of July, 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 Brown -McKee, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-157 - PRE-ENGINEERED METAL BUILDING AT THE WATER RECLAMATION PLANT - $87,274.00 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. 54 Regular City Council Meeting July 27, 2000 Page 55 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Kaythie Darnell MAYOR Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel CONTRACTOR: Owner's Representative Brown -McKee, Inc. APPROVED AS TO FORM: By: /s/ Mike P. Oles /s/ William de Haas City Attorney PRINTED NAME: Mike P. Oles TITLE: President ATTEST: Corporate Secretary COMPLETE ADDRESS: Brown -McKee, Inc. /s/ Peggy H. Young 906 E. Slaton Road Lubbock, Texas 79404 This bid is for the construction of a metal storage building at the Southeast Water Reclamation Plant at the direction of the Texas Natural Resources and Conservation Commission. The low bid is $87,274 from Brown -McKee, Inc. of Lubbock, Texas and is within the Sewer Wastewater Plant Repairs budget amount. (45.) Resolution No. 0263/Bid #00-159 - Hodges Community Center Floor Covering Renovation (Facilities Management). RESOLUTION NO. 2000-0263 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to furnish all materials and services for Hodges Community Center floor covering renovation, by and between the City of Lubbock and Lubbock Building Services, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 55 Regular City Council Meeting July 27, 2000 Page 56 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 27th day of July, 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 Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-159 - HODGES COMMUNITY CENTER FLOOR COVERING RENOVATION - $41,783.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 56 Regular City Council Meeting July 27, 2000 Page 57 ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 14302 S. Slide Road, Suite B Lubbock, Texas 79424 This bid is for the renovation of Hodges Community Center. The scope of the project includes removal of quarry tile flooring in the Social Hall and installation of new flooring, replacement of all other flooring (except restrooms) with new flooring and/or carpet, painting of all painted surfaces, and repair of paneling. The low bid is $41,783 from Lubbock Building Services, Inc. of Lubbock, Texas and is within the Buildings Capital Outlay -Hodges Renovations budget amount. (46.) Resolution No. 0264/Bid #00-165 - Armored Car Services - Annual Pricing (Accounting). RESOLUTION NO. 2000-RO264 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to furnish all materials and services for armored car services, by and between the City of Lubbock and H&K Armored Service, Inc., of Odessa, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 57 Regular City Council Meeting July 27, 2000 Page 58 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0264. This bid establishes annual pricing for armored car services for the Accounting Department, LP&L, Civic Center, Municipal Court, Lubbock Landfill, Parks and Recreation, and Lubbock International Airport. The term of the agreement is one year with an option to renew annually for up to two additional one-year terms. The low bid is $18,600 annually from H&K Armored Service, Inc. of Odessa, Texas and will be funded by the using department's operating budget. (47.) Resolution No. 0265/RFP #00-171 — Financial Collection Services (Accounting). RESOLUTION NO.2000-RO265 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement between the City of Lubbock and Collectech Diversified, Inc., dba COI, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting July 27, 2000 Page 59 Passed by the City Council this 27`' day of July, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Director of Finance APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0265. This three-year contract is for financial collection services including the collection of returned checks from various City departments, billing services relative to water and sewer pro -rate contracts, paving assessments, and payments on mortgage loans, as well as collection efforts on delinquent utility billings. Collectech Diversified, Inc., dba CDI, submitted the only proposal to provide the required services. CDI's proposed fee structure is as follows: Collection of returned checks: Account collection: Lubbock Power & Light Water & Sewer Pro-Rata Water & Sewer Taps Auditorium/Coliseum Home Improvement/Mortgage Loans Paving $17 per check 28 % Contingency fee 10 % Contingency fee 10 % Contingency fee 10 % Contingency fee 10 % Contingency fee 10 % Contingency fee The evaluation committee recommended award to Collectech Diversified Inc. of Lubbock, Texas. Funding will be provided by the various using departments from the percentages of collections noted above. 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. 59 Regular City Council Meeting July 27, 2000 Page 60 PUBLIC HEARINGS (48.) Ordinance No. 2000-00036/Zone Case No. 2828-A (west of Vicksburg from 100`b Street to 103rd Street): Hold a public hearing to consider request of Burl Masters (for Excel Development) for a zoning change from R-1 Specific Use for 20-foot setback to R-1 Specific Use for garden homes on Lots 57A-66A, Sunridge Addition, allowing a 5-foot side yard adjacent to a street on Lots 58A and 64A, Sunridge Addition. ORDINANCE NO.2000-00036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828-A; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR 20 FOOT SETBACK TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 58A-66A, SUNRIDGE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 2:52 p.m. Burl Masters appeared on behalf of Excel Development. No one appeared in opposition. Mayor Sitton closed the hearing at 2:58 p.m. Garden homes are a style of single-family, although several adjacent owners expressed concern about construction of smaller units resulting in property value deterioration. This request would provide for a 15-foot front setback versus the standard of 20 feet in the area (this is changed by a proposed condition), and reduce side setback adjacent to the two "side" streets from 10 feet to 5 feet. Adjacent land uses are residential in all directions. The request, as residential, is consistent with the Comprehensive Land Use Plan with the exception of the actual or perceived incompatibility expressed by existing adjacent owners. The Plan does promote that zone changes be considered with opinions of owners already in the area. The Planning Commission considered solutions for those concerns, including a minimum square footage and a front setback the same as other homes in the area. The proposal will have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. There shall be a 20-foot front setback requirement. 2. The homes shall have a minimum of 1,800 square feet: The staff has had no contact as to whether or not these conditions satisfied concerns expressed during the hearing. The staff supports upholding the recommendation of the Planning Commission. The proponent may attempt to have the square footage figure amended (reduced) based on deed restrictions for adjacent areas. It appears that most of the homes in the vicinity exceed deed restriction minimums, thus concerns by adjacent owners are based on built square footage versus deed restriction minimum requirements. The footprint proposed during the hearing for the new garden homes was just over 1,600 square feet. Randy Henson, Senior Planner, presented staff comments. .ff Regular City Council Meeting July 27, 2000 Page 61 Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00036 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (49.) Ordinance No. 2000-00037/Zone Case No. 2461-A (6001 Slide Road): Hold a public hearing to consider request of Randy Egenbacher (for Furr's/Bishop's Cafeterias, L.P.) for a zoning change from C-2A Specific Use to C-2A on Tract A, Piedmont Addition. ORDINANCE NO. 2000-00037 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2461-A; A ZONING CHANGE FROM C-2A SPECIFIC USE TO C-2A ZONING ON TRACT A, PIEDMONT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 3:03 p.m. Randy Egenbacher appeared on behalf of Furr's/Bishop's Cafeterias, L.P. No one appeared in opposition. Mayor Sitton closed the hearing at 3:04 p.m. Furr's was the original business in the area east of Slide Road between 56' and 62nd Streets. At the time, zoning in the vicinity was a very sensitive issue, thus the current Specific Use Permit. This application was submitted to amend the site plan. Staff advertised to provide for open C2A zoning. The proponent and staff are requesting to go back to Specific Use. This process will allow the proposed reduction in setback on 60'' for the new structure and tie the project to a site plan. Adjacent land uses: North - commercial South - commercial East - residential across the screening wall required within the original zone case West - commercial The request is consistent with the Comprehensive Land Use Plan. Tc remain consistent with the original development plan, the Commission recommended a condition that continues to prohibit access from Slide Road, with any curb cuts on 60°i or 61s' Streets set back at least as much as indicated on the site plan. Otherwise there should be little additional effect on the thoroughfare system. No line of sight issue is created by the reduced setback on 6151, which is a cul-de-sac. The Planning and Zoning Commission approved this request subject to the following conditions: 1. That curb cuts are to be located as indicated on the approved site plan. 2. That signage shall be consistent with the Lubbock Code of Ordinances. (The proponent may propose a sign package for both Furr's and the new business for inclusion in the Specific Use Permit. They have not submitted anything to date.) The staff supports upholding the recommendation of the Planning Commission. M. Regular City Council Meeting July 27, 2000 Page 62 Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00037 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (50.) Ordinance No. 2000-00038/Zone Case No. 2885 (north of 66'b Street and east of Frankford Avenue): Hold a public hearing to consider request of Ross Rushing (for Lubbock Commercial Buildings Inc.) for a zone change from C-2 to C-3 Specific Use for a convenience store with a reduced front setback for a gasoline pump island canopy on an unplatted .504 acre tract of land out of the southwest corner of Section 28, Block E-2. ORDINANCE NO. 2000-00038 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2885; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE ZONING ON ON AN UNPLATTED .504 ACRE TRACT OF LAND OUT OF THE SOUTHWEST CORNER OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 3:05 p.m. Ted Rushing appeared on behalf of Lubbock Commercial Buildings, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 3:07 p.m. The existing C-2 zoning will not accommodate a convenience store with gas pumps. A Specific Use Permit is requested to provide a twenty -foot setback for the gas canopies. Otherwise, the proposal meets standard C- 3 development guidelines. Adjacent land uses are commercial in all directions. The request is consistent with the Comprehensive Land Use Plan and Zoning Policies. The proposal should have no greater effect than anticipated on the thoroughfare system. Two neighbors represented residents on 64' Street in opposition. Their concerns included the 24-hour operation, noise, increased crime and glare from lighting. They indicated that the group understands that area is already zoned commercial. Convenience stores exist on two other corners at this intersection. The existing C-2 would provide for numerous retail uses, including a 24-hour fast food establishment. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: Directional lighting shall be used to protect properties to the north. 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- 00038 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 62 Regular City Council Meeting July 27, 2000 Page 63 (51.) Ordinance No. 2000-00039/Zone Case No. 2886 (7113 Brownfield Highway): Hold a public hearing to consider request of Betty Payne for a zone change from T to IHC and C4 Specific Use for mini - warehouses on an unplatted .442 acre tract of land out of Section 30, Block AK. ORDINANCE NO.2000-00039 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2886; A ZONING CHANGE FROM T TO IHC AND C-4 SPECIFIC USE ZONING ON AN UNPLATTED .442 ACRE TRACT OF LAND OUT OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 3:08 p.m. Betty Payne appeared in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 3:10 p.m. The proponents have property close to Upland on the Brownfield Highway, with an existing business on the front portion. They are requesting IHC on that front portion and C-4 Specific Use for a mini - warehouse (RV storage) on the back portion. The property is within the area recently annexed to the City. Adjacent land uses are commercial in all directions. The proposal is consistent with the recently amended Comprehensive Land Use Plan and zoning policies. The RV storage area will be within a fenced compound on the back portion of the parcel. The proposal should have little effect on the thoroughfare system. 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 Morrison, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00039 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (52.) Ordinance No. 2000-00040/Zone Case No. 2887 (100" Street east of Vicksburg Avenue): Hold a public hearing to consider request of Burl Masters (for Excel Development) for a zoning change from T to R-1 Specific Use for a reduced front setback on Lots 137 through 164, Sunridge Addition. ORDINANCE NO. 2000-00040 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2886; A ZONING CHANGE FROM T TO IHC AND C-4 SPECIFIC USE ZONING ON AN UNPLATTED .442 ACRE TRACT OF LAND OUT OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 63 Regular City Council Meeting July 27, 2000 Page 64 Mayor Sitton opened the public hearing at 3:11 p.m. Burl Masters appeared on behalf of Excel Development. No one appeared in opposition. Mayor Sitton closed the hearing at 3:13 p.m. The proposal will establish zoning on this block of 100'hStreet consistent with the surrounding area — a 20-foot front setback and a 5-foot front setback on the lots around the partial cul-de-sacs. Land use is residential in all directions. The request is consistent with Comprehensive Land Use Plan and zoning policies. There will be no effect on the thoroughfare system. 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 Nelson to pass on first reading Ordinance No. 2000- 00040 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (53.) Ordinance No. 2000-00041/Zone Case No. 2502-C (south of 98' Street and east of Quaker Avenue): Hold a public hearing to consider request of Henry L. Huneke (for Medallion Development Corporation, H.A. Sessions, and United Supermarkets) for a zoning change from R-2 and C-2 to R-1 Specific Use (Garden Homes), C-2, and C-3 on a 34.7 acre tract of land out of the northwest part of Section 17, Block E-2. ORDINANCE NO. 2000-00041 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2502-C; A ZONING CHANGE FROM R-2 AND C-2 TO R-1 SPECIFIC USE (GARDEN HOMES), C-2, AND C-3 ZONING ON A 34.7 ACRE TRACT OF LAND OUT OF THE NORTHWEST PART OF SECTION 17, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 3:15 p.m. Henry L. Huneke appeared on behalf of Medallion Development Corporation, H.A. Sessions, and United Supermarkets. No one appeared in opposition. Mayor Sitton closed the hearing at 3:18 p.m. This request adjusts the existing zoning in the area to fit an approved plat. Adjacent land uses: North - commercial South - residential East - residential West - commercial The request is consistent with the Comprehensive Land Use Plan on this corner and zoning policies. The proposal will have no greater than anticipated effect on the thoroughfare systems. The Planning and Zoning Commission recommended approval of this request. Regular City Council Meeting July 27, 2000 Page 65 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- 00041 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (54.) Ordinance No. 2000-00042/Zone Case No. 2884 (1102 171h Street): Hold a public hearing to consider the appeal of a denial by the Planning and Zoning Commission of a request by Joe D. McKay (for the Salvation Army), for a zoning change from C4 to C4 Specific Use for a homeless shelter and a halfway house for early release programs on Lots 11-18, Block 196, Original Town. ORDINANCE NO.2000-00042 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2884; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A HOMELESS SHELTER AND A HALFWAY HOUSE FOR EARLY RELEASE PROGRAMS ZONING ON LOTS 11-18, BLOCK 196, ORIGINAL TOWN, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 3:20 p.m. Joe McKay appeared on behalf of the Salvation Army, as well as J.C. Chambers, Margaret Steele, and several others in the audience who stood to show their support. Lehman Reagan and Tom Jones appeared in opposition. Mayor Sitton closed the hearing at 3:54 p.m. The Planning Commission continued this request from the April meeting until June 22 to allow the proponents to visit with adjacent property owners about operational concerns. The proposal would relocate the existing Salvation Army operation to a new building east of the existing structure. The current operation is legal nonconforming, having been in operation prior to homeless shelters and halfway houses being placed in the Specific Use section of the zoning code. Adjacent land uses: North - commercial South - commercial East - commercial West - existing shelter The current C-4 zoning meets one basic criterion for consideration of a Specific Use Permit. The second criterion, and most important, is the level of support or opposition from owners of adjacent property whose investment may be affected by the proposal. A public hearing is the forum for that discussion. The proposed site plan indicates parking both in front (on 17'h Street) and to the rear of the new building, which should be adequate for the type facility proposed. Adjacent property owners expressed great concern for the social issues related to the Salvation Army operation. Salvation Army policy is that patrons can stay a maximum of three nights, but they have allowed the same person to eat for thirty days. As a result, many of the clients are "camping out" in the immediate vicinity and cause problems for adjacent businesses. The Salvation Army Board did meet and formalize a written 65 Regular City Council Meeting July 27, 2000 Page 66 policy that feeding would be allowed for only seven days. The neighbors thought the agreement was for three days to match the time allowed to stay in the facility. Discussion during the hearing seemed to indicate that a full line of communication had not been established. The Salvation Army Board intends to work on that item before the Council meeting. The Commission vote seemed to reflect the feeling that concerns of adjacent owners have not been addressed. The staff presentation outlined three conditions that can be monitored. A concern exists for creation of conditions that impact the operational policy of the Salvation Army because of difficulty to enforce. The Planning and Zoning Commission voted 3 to 2 to deny the request. The conditions proposed in the event of approval included: 1. Tied to the site plan #2884. 2. When the new facility opens, the existing structure shall not be used for housing or feeding programs. 3. A restroom shall be available (within the building) to the general public twenty-four hours per day. The staff recommended that the Planning Commission denial be reversed and approval based on the three conditions noted above. Although the issues expressed by neighbors are fully legitimate, the current use is non- conforming and may continue. The building is in poor shape and inadequate. The new building would be safer, has facilities to meet needs of families, and does not substantially increase the number of individual patrons over the number housed in the current facility. The three conditions proposed can be monitored and enforced. Randy Henson, Senior Planner, presented staff comments Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to overturn the denial by Planning and Zoning, and pass on first reading Ordinance No. 2000-00042 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (55.) Resolution No. 2000-RO266 - Hold a public hearing to consider the proposal and recommendations of Lubbock Power & Light that a portion of Buster Long Park be converted to an electrical substation for Lubbock Power & Light's use and authorizing the Mayor to execute a resolution approving such recommendations. RESOLUTION NO.2000-RO266 WHEREAS, the City of Lubbock, a home -rule municipal corporation, in the State of Texas, owns and operates a municipal electric utility known as Lubbock Power & Light; and WHEREAS, the City of Lubbock has experienced a growth in population and demand for electric service in southwest Lubbock; and WHEREAS, the two electric substations and distribution lines operated by Lubbock Power & Light that serve southwest Lubbock is currently at maximum capacity; and Regular City Council Meeting July 27, 2000 Page 67 WHEREAS, in order to serve the increasing demand for electric service in southwest Lubbock, the City Council of the City of Lubbock desires to increase Lubbock Power & Light's capacity to provide electric service in southwest Lubbock; and WHEREAS, the City of Lubbock owns a park bordered on the south by 58' Street, the west by Bangor Avenue, the north by 54' Street, and the east by Aberdeen Avenue, called Buster Long Park, located in southwest Lubbock; and WHEREAS, the City of Lubbock desires to build a substation on a portion of Buster Long Park; and WHEREAS, the park facilities currently located on Buster Long Park will be relocated to a less congested area at McAlister Park that better serves not only the park patrons and participants, but the public at large as well; and WHEREAS, Lubbock Power & Light has agreed to use a portion of the budgeted savings from building a substation at Buster Long Park to build new park facilities at McAlister Park; and WHEREAS, the Parks and Recreation Board of the City of Lubbock has approved the plan as submitted by Lubbock Power & Light to build a substation at Buster Long Park; and WHEREAS, the City Council of the City of Lubbock, as the governing body of the City of Lubbock, believes that it is in the best interest of the health, safety and welfare of the citizens of Lubbock to build a substation on a portion of Buster Long Park; and WHEREAS, the City Council of the City of Lubbock, as the governing body of the City of Lubbock and pursuant to Chapter 26 of the Texas Parks and Wildlife Code, desires to adopt this RESOLUTION changing a portion of the use of Buster Long Park to an electric substation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Lubbock Power & Light must increase its capacity to provide electric service in southwest Lubbock. SECTION 2. THAT, after hearing the testimony and evidence presented to the City Council of the City of Lubbock, the City Council determines that there is no other feasible and prudent alternative to locating an electric substation on a portion of Buster Long Park. SECTION 3. THAT, after hearing the testimony and evidence presented to the City Council of the City of Lubbock, the City Council determines that the project to build a substation at Buster Long Park includes all reasonable planning to minimize the harm to Buster Long Park. SECTION 4. THAT the City Council of the City of Lubbock, as the governing body of the City of Lubbock, has considered the clearly enunciated local preferences regarding changing the use of a portion of Buster Long Park to build an electric substation for Lubbock Power & Light. SECTION 5. THAT the City Council of the City of Lubbock, as the governing body of the City of Lubbock, believes that it is in the best interest of the health, safety and welfare of the citizens of Lubbock to build a substation on a portion of Buster Long Park. 67 Regular City Council Meeting July 27, 2000 Page 68 SECTION 6. THAT on the 27' day of July, 2000, pursuant to Chapter 26 of the Texas Parks and Wildlife Code, the City Council of the City of Lubbock held a public hearing in the council chambers to consider changing the use of a portion of Buster Long Park to that of an electric substation. SECTION 7. THAT, pursuant to § 26.002(c) of the Texas Parks and Wildlife Code, notification of this hearing was published in the newspaper of general circulation once a week for three consecutive weeks prior to the date of this hearing. SECTION 8. THAT, pursuant to § 26.002(a) of the Texas Parks and Wildlife Code, notice of this hearing was given to each person, organization, department, or agency that has supervision over Buster Long Park. Passed by the City Council this 27`' day of July, 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 Mayor Sitton opened the public hearing at 3:59 p.m. Phyllis Jones, Chair of the Park and Recreation Board appeared in favor of the proposal, along with Carol Kowling, President of Western Little League. No one appeared in opposition. Mayor Sitton closed the hearing at 4:12 p.m. LP&L needs to build a new electric substation in Southwest Lubbock due to increased system load in that area. The two existing substations and the distribution lines that serve this area are at maximum capacity at this time. As such, LP&L is proposing that one of the baseball fields at Buster Long Park be converted for the construction and use of an electric substation. LP&L believes this proposal will be a win -win situation for the parties involved, including the Parks & Recreation Department and Western Little League. The cost of other land in the area where the substation is needed has proved to be prohibitively expensive and conversion of the ball field will save significant dollars. LP&L is proposing to contribute the budgeted land acquisition cost to the Parks and Recreation Department for the benefit of McAlister Park. Western Little League will be relocated to new fields at McAlister Park and will benefit by having a safer place to play baseball. The parking and traffic congestion associated with the ball fields at their current location will be eliminated. Regular City Council Meeting July 27, 2000 Page 69 This public hearing before the City Council is required by state law whenever there is a proposed change in the use of a public park for another public use. The City Council acts as a fact finder, determining whether or not there is no other feasible and prudent alternative to constructing the substation at the park and that the substation's construction includes all planning to minimize the harm to the remainder of the park. Staff recommended that the City Council authorize the Mayor to execute a resolution approving Lubbock Power & Light's recommendations. Paul Thompson, Director of LP&L, presented staff comments. Motion was made by Councilmember McDougal, seconded by Councilmember Morrison to pass Resolution No. 2000-R0266 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Patterson was away from the dais. BOARD APPOINTMENTS (56.) Consider two appointments to the Sports and Community Venues Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Gilbert Flores and Kerry Sessions - Griffith to the Sports and Community Venues Advisory Committee. Motion carried: 5 Yeas, 0 Nays. Councilmember Patterson was away from the dais. (57.) Consider one appointment to the Youth Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Eric Benson to the Youth Commission. Motion carried: 5 Yeas, 0 Nays. Councilmember Patterson was away from the dais. 4:13 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room 5:15 P. M. COUNCIL RECONVENED Regular City Council Meeting July 27, 2000 Page 70 5:15 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal adjourned the meeting. WINDY SITTO , M YOR ATTEST: Kaythi� arnell, City Secretary Read and approved this _5-) 4 day of U4-, JA '►-000. ATTEST: Darnell, City Secretary 70