Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 9/27/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 27, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 27`h day of September, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T.J. Patterson Absent: Mayor Sitton CITIZEN COMMENTS No one expressed comments to the Council. EXECUTIVE SESSION Mayor Pro Tern Alex "Ty" Cooke stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities) pending or contemplated litigation (Energas, Parks Department; Purchasing Department, Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Lubbock Power & Light, Police). 7:34 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Mayor Sitton. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). (3.) 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). ( 4.) 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, Parks Department; Purchasing Department, Water Utilities). (5.) 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: Building Board of Appeals Board of Electrical Examiners Libraries Board Planning and Zoning Commission Regular City Council Meeting September 27, 2000 Page 202 Public Transit Advisory Board Structural Standards Commission Urban Design and Historic Preservation Commission ( 6.) 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 (Lubbock Power & Light, Police). 9:38 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. ( 7.) Presentation regarding expansion to Carillon Senior Living Campus. Lyle Way, President/CEO; Sherri Murphree-Camp, Director Community Relations/Development (20 minutes) Mr. Way and Ms. Murphree-Camp requested to make a presentation to City Council regarding the expansion to the Carillon campus. They focused on the position of their industry for the 21S` Century in relation to local, state and national attention as well as the economic impact and opportunities that will benefit Lubbock and the West Texas area. No action was required on this item. ( 8.) Discuss possible dates for November and December, 2000 City Council meetings. Bob Cass, City Manager (10 minutes) Because of several trips that are planned in November and December it has been difficult to determine the best dates for Council meetings in those months. Staff has polled Council on possible dates and the results have been inconclusive. However, the following dates appear to have the fewest conflicts: First Meeting in November: Tuesday, November 7, 2000 or Thursday, November 9, 2000 Second Meeting in November: Monday, November 27, 2000 (hear zone cases) First Meeting in December: Monday, December 4, 2000 Second Meeting in December: Thursday, December 14, 2000 (hear zone cases) Staff recommended the following dates: Tuesday, November 7 Monday, November 27 Monday, December 4 Thursday, December 14 ( 9.) Discuss negotiations with EPA for the Municipal Separate Storm Sewer Permit (MS4) and the associated cost savings to the City. Don Vandiver, First Assistant City Attorney; Marsha Reed, Senior Civil Engineer (20 minutes) 202 Regular City Council Meeting September 27, 2000 Page 203 The City of Lubbock has now signed a settlement agreement with the Environmental Protection Agency (EPA) for the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (NPDES MS4 permit). This permit is a requirement of the Clean Water Act of 1987 for all cities over 100,000 in population. The permit basically requires the City to implement Best Management Practices in eleven different areas to keep the storm water quality as high as possible. The City submitted its Part I and II applications to EPA in May 1992 and May 1993 respectively and, after much correspondence, received the Draft Permit in June 1996. The City actively pursued several major legal issues with EPA as well as tried to minimize several proposed operating issues that would be costly for the City over the five-year life of the permit. In September 1998 the final permit was issued to the City and it still contained legal issues and more than 20 operating issues. The City Attorney recommended to the Council that the City file for Evidentiary Hearing on the permit and it was submitted to the EPA by outside counsel in October 1998. Since this time the City has continued negotiations with EPA for a permit that would be acceptable to the City from a legal and operating standpoint. After three proposed settlement agreements the City held its ground and EPA conceded on all terms. The final settlement agreement was signed in July 2000. The final permit is expected to be issued by EPA on October 1, 2000, with an effective date of November 1, 2000. The City will have 90 days to implement much of the Storm Water Management Program but the cost to the City will be significantly less than it would have been had the City signed the original permit. The Texas Department of Transportation and Texas Tech University are co-permittees with the City and will be implementing their individual Storm Water Management Programs as part of the permit requirements. The permit will still have a five-year life. Don Vandiver and Marsha Reed made the presentation. 10:25 A. M. WORK SESSION RECESSED 10:36 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T.J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Becky Garza, Deputy City Secretary Absent: None Mayor Sitton called the meeting to order at 10:36 A. M. (10.) Mr. Brett Hogland of Auburn Street Church of Christ gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Airport Board Receiving: Steve Hurt Calvin Jackson -Davis 203 Regular City Council Meeting September 27, 2000 Page 204 Health/Educational Facilities Board Receiving: Dr. Tom Tenner Public Transit Advisory Board Receiving: Bruce Curlee (unable to attend) CITIZEN APPEARANCES (12.) Presentation of a special recognition to the Lubbock Police Department, the Community Alzheimer's Resources and Education (CARE) program, Meyer's Jewelers, and Lubbock Power and Light in honor of the "In Safe Hands" program. The "In Safe Hands" program has been in place just a few weeks in the City of Lubbock, but already the program has made a difference in several lives. This program is a community effort to ensure the safety of memory -impaired people. The program provides information on file with the Lubbock Police Department, and participants wear a bracelet that identifies them as a member of the "In Safe Hands" program. Lubbock Power and Light donated the money for the bracelets, and Meyer's Jewelers donated the engraving on the bracelets. The Community Alzheimer's Resources and Education (CARE) program staff will administer the program. The program already has 110 participants enrolled and is off to a good start to protect the safety of the citizens of Lubbock. Sergeant Mark Wims accepted the recognition on behalf of the Lubbock Police Department. (12A.) Presentation of a special recognition to the City of Lubbock Health Education Team in honor of the breast cancer prevention program, "Chain of Prevention". The City of Lubbock Health Education Team's breast cancer prevention program, Chain of Prevention, received national recognition last week, during the Susan G. Komen Breast Cancer Foundation's National Conference in Washington, D.C. Chain of Prevention is a citywide effort designed to educate women about the importance of detecting breast cancer early. The program uses billboards, mail -outs, door-to-door education, and educational presentations to get the message out to the women of Lubbock. The program is funded by a grant from the local affiliate of the Susan G. Komen Breast Cancer Foundation. This program, as well as other local breast cancer efforts, is funded by money raised during the annual Race for the Cure, which was held last Saturday, September 23. A special recognition was presented to Mary Croyle and the City of Lubbock Health Education Team. (13.) Presentation of the Legendary Service Star Award for August. The Legendary Service Star Award recognizes an employee or team which has exhibited exemplary customer service. There were nine nominations for the June Star Award. The recipients of the August Legendary Service Star Award are Jay Wadsworth, Joe Tilley, Joe Martin, Richard Rodriguez (unable to attend) and Rodney Dorman. The nomination was made by Fire Station 10-A, who responded to an alarm at the Alex "Ty" Cooke Generating Plant on August 11. The fire crew commended the electric 204 Regular City Council Meeting September 27, 2000 Page 205 utility workers for "a job well done above and beyond the call of duty." The fire crew stated that, had this team not acted in such a prompt manner, the incident would most certainly have become more dangerous and costly to control. Presentation of Award was made by Bob Cass, City Manager. (14.) Murray Hensley, President of Civic Lubbock, Inc., appeared to present the 2000/2001 Civic Lubbock, Inc. budget. The agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. prepare and present to the City Council a budget for the upcoming year. This budget was presented to City Council for informational purposes and Council comment. Civic Lubbock, Inc. currently pays a commission to the City on gross concession sales. The percentages are as follows: 10 % on food and soft drink sales, 20 % on alcoholic beverage sales and 30 % on beer sales from ice hockey games. The agreement between Civic Lubbock, Inc. and the City of Lubbock was amended September 24, 1998 to provide a scaled reduction in the commission percentage on food and soft drink sales. For fiscal year 2000/2001 the 10 percent on food and soft drink sales will be reduced from 10 percent to 5 percent. This reduction was approved by Council in 1998 to provide sufficient revenue streams to cover long-term commitments made by Civic Lubbock, Inc. in fulfillment of components of their mission, i.e. public art projects and acquisition of the Buddy Holly memorabilia. Key components of the 2000/2001 budget are as follows: • Estimated commissions are $215,448. This represents a 10 percent increase over the approved 1999/00 budget. The commission paid reflects a 5 percent commission on food and soft drink sales, 20 percent commission on alcohol sales and 30 percent commission on beer sales from hockey events. These are commissions as approved in the existing agreement. • Net profits from the concession operation are anticipated to be $256,832 • Civic Lubbock, Inc. continues to co-sponsor the Broadway Series, which is going into its fifth season. The Series has continued to grow and will have 26 performances for 2000/2001. The shows being presented this year include 4 performances of "Footloose", 8 performances of Disney's "Beauty and the Beast", 8 performances of "Red and White Tuna", and 4 performances of "Godspell". The musical "Chicago" will be presented as a bonus show with 2 performances. This budget reflects a profit from the Broadway series of $20,000. • Net profits for FY 2000/2001 that will go toward Civic Lubbock, Inc.'s chartered purpose and fulfill their long-term financial commitments are estimated to be $168, 432. • Civic Lubbock, Inc. allocated $11,795 to be used to underwrite 14 various local events that will be held in the Civic Center or Auditorium - Coliseum. Some of the events include Symphony in the Schools, Lubbock Ballet "Nutcracker", "Heidi" presented by the Lubbock Arts Alliance, Viva Aztlan Celebration, and the Asperger Syndrome Support seminar. In addition, $8,205 was budgeted to underwrite other events that may request funding during the year. 205 Regular City Council Meeting September 27, 2000 Page 206 • Civic Lubbock, Inc. will be developing a "Good Kids" program with the area schools this year whereby Civic Lubbock, Inc. will provide tickets to the hockey games for good students. The schools will be able to use these tickets in reward programs they establish. The cost of this program will be $50,400. Civic Lubbock, Inc. commissioned a sculpture by Eddie Dixon. It was recently completed and installed at the Civic Center. The cost of this piece was approximately $108,000 including installation. The funds to purchase the piece came from Civic Lubbock, Inc. reserves. Civic Lubbock, Inc. also provided partial funding to convert one of the --- Coliseum concourse dressing rooms into a concession stand for more points for sale. An extremely successful project that Civic Lubbock, Inc. developed this summer was "Jazz and More in the Courtyard" at the Buddy Holly Center. From May through September, Civic Lubbock, Inc. provided live entertainment every Thursday from 5 p.m. to 8 p.m. in the Courtyard. Corporate sponsors were obtained by Gertie Jeter, Civic Lubbock, Inc. Board member, that helped pay for the entertainment expense. The program provides a place for people to meet after work and enjoy the ambience of the courtyard area, but it also brings people to the Buddy Holly Center. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the promotion or co -promotion of educational, cultural, and entertainment programs in the Civic Center, Auditorium - Coliseum and Civic Center District. They have also made significant investments in public art. In addition, Civic Lubbock, Inc. contributes to reducing the cost of operations of the Civic Center and Auditorium - Coliseum through the commissions paid to the City. The 2000/2001 budget for Civic Lubbock, Inc. was presented to City Council by Murray Hensley. A proclamation was read by Mayor Sitton declaring September 13-20, 2000 as "Eddie Dixon Week". Murray Hensley, Gertie Jeter, and Chevo Morales presented council with a vase made by Bill Bagsley. (15.) Presentation by Max Ince regarding proposed cost recovery program at Lake Alan Henry. This item was placed on the agenda at the request of Mr. Ince. This item was deleted. TOP TEN LIST Councilmember David Nelson presented his "Top Ten List of Positive Things about Lubbock." No. 10 is Lubbock Counts! We Lubbockites received an A+ on our 2000 U.S. Census report card. Officials from the U.S. Census Bureau and Department of Commerce report that Lubbock was among the top 36 out of the country's 100 most populated areas whose citizens mailed in their census surveys. The Complete Count Committee of Lubbock, Texas deserves a pat on the back for encouraging our citizens to be counted. 206 Regular City Council Meeting September 27, 2000 Page 207 No. 9 is Understanding our Heritage. In recent years, Lubbock has cultivated fertile soil for remembering the roots of its heritage and cultures. Annual celebrations such as the Crossroads Music Festival of Texas, National Cowboy Symposium, and Fiestas de Llano's 16' of September celebration helps bring people together, keep traditions alive, and attract visitors from around the country and around the world to our fair city. Let's do everything we can to keep these roots growing. No. 8 is Biographies of our People. What could be more ideal than for a Lubbock author to write the life stories of four famous Lubbockites for local children to enjoy? Lubbock author Samuel J. Ayers has written books about Ella Iles, Buddy Holly, Roscoe Wilson, and Preston Smith, so that students on the South Plains can learn about local people who have made an impact on our city, state, and nation. Check out any grade school library on the South Plains to find these books, as well as at local bookstores and public libraries. Let's continue to recognize native sons and daughters for their positive contributions to society. No. 7. is Best Fair Anywhere. The 83`d Annual Panhandle South -Plains Fair began on September 22 and runs through September 30'. The Fair is a good neighbor supporting community involvement while providing wholesome family entertainment for the people of our area. Did you know that the South -Plains Fair has donated more than $500,000 (1/2 million) to local colleges and universities the past 25 years? They also supply the South Plains Food Bank with more than 2 tons of food each year, and help over 50 non-profit organizations to support their favorite charities by inviting them to operate food and beverage stands or provide a service during the fair each year. Although the number one concern of fair officials is that everyone be entertained and have a wonderful time at the fair, they are aware that the fair continues to influence the quality of life within the community throughout the year. Whether it is through free food for someone who is down on their luck, scholarships for deserving college students or for charities which benefit from organizations working at the fair, South Plains residents will continue to feel the benefits of the fair throughout the year. No. 6. is Outstanding Arena. The United Spirit Arena recently became a showcased venue on a national level. The Arena was one of three new venues spotlighted at the 110' Annual Arena Management Conference held in Westminster, Colorado. Along with the Staples Center in Los Angeles, California which is home to the NBA LA Lakers, and the Conseco Field House in Indianapolis, Indiana which is home to the NBA Indiana Pacers, our own United Spirit Arena was featured for several unique aspects. Highlighted features such as architecture, luxury suites, meeting rooms, practice gyms, and operations, and were included in a presentation by Arena General Manager Kent Meredith. Congratulations are in order for this national recognition. No. 5. is Civic Lubbock, Inc. I want to remind everybody that the purpose of Civic Lubbock Inc. is to promote educational, cultural and the highest quality of entertainment programs in the Civic Center, the Auditorium Coliseum Complex and the Civic Center District. This includes significant investments in public art. Civic Lubbock, Inc. also contributes to reducing the cost of operations of our Civic Center and Auditorium Complex. The commission is paid to the City. As Murray mentioned to you, there were $215,448 in commissions paid back to the Center for use in various cultural and art programs that were reflected in the budget. But that $215,000 is just the beginning of their investment. 207 Regular City Council Meeting September 27, 2000 Page 208 That is an investment that is multiplied tenfold in the promotion of the arts and cultural opportunities that they provide for the citizens of our Lubbock. So what a wonderful opportunity, and what a wonderful organization that Civic Lubbock, Inc. provides for our citizens. No. 4 is Kindhearted Efforts. Lubbock's Habitat for Humanity successfully joined Habitat International's worldwide effort to build 10,000 homes across the globe during "Building on Faith" week in September. Hundreds of skilled and kindhearted volunteers joined together under a hot sun to create a new subdivision of 17 homes for worthy local families in Lubbock. Community spirit is alive and well, and can be tangibly seen by driving by a brand new residential area in Lubbock at Avenue U and Duke Street. No. 3 is Young Voters. County Commissioners recently gave the OK to allow Lubbock County children to vote in the November 7' national elections. In August, city and county business and education leaders started a program called "Kids Voting Texas/Lubbock County" based on a similar program in Arizona. It encourages school children to cast ballots at special polling locations on Election Day. Although the votes will not be added to the official count, the project will give school children a chance to learn first-hand what it is like to be a part of a voting democracy, and will hopefully encourage their parents to vote. We commend Teri Holmes, Executive Director of the program, as well as the Lubbock Avalanche -Journal and everyone else involved in starting this program. No. 2 is Elbow Grease. If you were here during our work session presentation, Don Vandiver and our City Engineer Staff representative Marsha Reed reflected an attitude of `By golly, if we need to do something, we're gonna roll up our sleeves, and if it takes ten years to do it, we're gonna do it, and do it right.' As a result of those efforts, the City Attorney's office and City Engineer's office has saved the City of Lubbock eight and a half million dollars. The folks from Lubbock Power and Light that were here today were instrumental in suppressing a fire out at the power station. Another example of folks that, when we need to get it done, we're there first, and we're gonna get it done and done right. All of our city staff has a reputation for doing what it needs to do to get the job done, and if it requires scrubbing a little harder, shining it up a little longer, we're gonna do it and do it right. Elbow grease has always been an earmark of the City of Lubbock and the staff. We reflect and commend them on that today. No. 1 is Survey says ... For the fourth year in a row, the City of Lubbock has worked with Southwest Research Associates to survey Lubbock residents to get accurate opinions about City departments and City services. 75 % of those who responded to the survey state that the quality of life in Lubbock is very good or good, which is a 4.2 % increase over last year's figure. 86.3 % of the respondents feel the quality of life in Lubbock is better or about the same as it was last year (a 4.1 % increase over last year's response to the same question). This year, the overall approval rating by Lubbock citizens for City services rose to 68 %, up from last year's 62.2 % rating. Survey says: the citizens are pleased with the direction the City is going and the job the City is doing in serving our citizens. We are optimistic about our city's future and quality of life. Lubbock is a great city, and the results of this survey reflect that our residents know they live in one of the best places on Earth. W• Regular City Council Meeting September 27, 2000 Page 209 CONSENT AGENDA (Items No. 16-20, 22-25, 21) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve Items 16-20, 22-25, and 21 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (16.) Approval of the minutes of the Regular City Council Meeting of September 13, 2000. (17.) Resolution No. 2000-RO330 authorizing the Mayor to execute a contract with TIBH Industries, Inc. and Goodwill Industries of Lubbock, Inc., for custodial services. RESOLUTION NO. 2000-RO330 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 Custodial Services, by and between the City of Lubbock and Goodwill Industries 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 27th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Gary W. Smith Gary W. Smith, Facilities 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-R0330. The City Of Lubbock originally contracted with TIBH and Goodwill in 1995. The existing contract expires September 30, 2000. This contract provides for custodial services at 40 city facilities for an interim period of three months beginning October 1, 2000, and ending December 31, 2000. The basic monthly cost for these services will be $59,439.77 for a total of $178,319.31. Additional services include Party House and St. Paul's on the Plains cleanings at $30.90 per cleaning, Library Set-ups at $11.26 per set-up, and Jail Special Cleanings at $15 to $30 per cleaning 209 Regular City Council Meeting September 27, 2000 Page 210 (depending on the time of day). During this interim contract period a new, multi -year contract under different terms will be implemented. Staff recommended approval of this contract. (18.) Resolution No. 2000-RO331 authorizing the Mayor to execute the necessary documents to extend by one year an interlocal agreement between the Lubbock Housing Authority and the City of Lubbock to provide recreational and educational services at George Woods Community Center. RESOLUTION NO. 2000-RO331 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 and the Lubbock Housing Authority, to provide recreational and educational services at George Woods Community Center, and related documents. Said Interlocal 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 27th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Interlocal Agreement is filed with Resolution No. 2000-R0331. On May 14, 1998, the City of Lubbock entered into an interlocal agreement with the Housing Authority of the City of Lubbock to provide recreational and educational activities at the George Woods Community Center. The Center is located at 517 North Zenith Avenue at Erskine Street. The primary term of the contract was two years with an option to extend the term of the agreement for five successive option periods of one year each. The total savings to the City of Lubbock were $109,203 during the primary term of the contract. At the present time, the Parks and Recreation Department fulfills part of its mission by serving as a provider of public recreation services. This 210 Regular City Council Meeting September 27, 2000 Page 211 includes promoting the use of department facilitie services. Benefits to the City Of Lubbock: s • Capitalizes on opportunities for joint venture through intergovernmental cooperation to develop and operate facilities. • Allows for use of limited City resources to enhance quality of other programs. • Creates an anticipated increase in use of existing resources. • Provides services for special needs of cultural/ethnic groups, youth at risk and low-income families. • Provides fitness, health maintenance, stress management, education and other programs. • Fully utilizes community resources to jointly plan, develop, manage, maintain and operate recreation and community services programs. • Provides avenues of communication that promote the participation of other service providers in planning, implementation and evaluation of leisure services and facilities. The estimated savings from extending the primary term of the interlocal agreement by one year are $56,500. Staff recommended approval of this resolution authorizing the Mayor to execute the necessary documents to extend by one year an interlocal agreement between the Lubbock Housing Authority and the City of Lubbock to provide recreational and educational services at George Woods Community Center. (19.) Resolution No. 2000-RO332 accepting secondary street maintenance improvements constructed by Lone Star Dirt & Paving, Inc., under the 2000 Secondary Streets Maintenance Program. RESOLUTION NO. 2000-RO332 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract January 13, 2000, authorizing the construction of residential street maintenance improvements by Lone Star Dirt & Paving, Inc., on City streets; and WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $49,854.59. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. 211 Regular City Council Meeting September 27, 2000 Page 212 Passed by the City Council this 27th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This item is a routine acceptance of the 2000 Secondary Streets Maintenance Program, which consisted of various types of patching and single -course and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $838,477.49. Final contract price is $850,989.33. Concrete work for the Parks Department accounted for $26,124.80, which came from one of their accounts. All the work planned was completed for less money than originally estimated. Final payment due the contractor upon acceptance is $49,854.59. The Street Department recommended the approval of this resolution. (20.) Resolution No. 2000-RO333 authorizing the Mayor to execute supplemental agreement number 5 between the City of Lubbock and HDR Engineering, Inc., for professional services for the railroad relocation for the East-West Freeway in Lubbock. RESOLUTION NO. 2000-RO333 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 with HDR Engineering entitled "Supplemental Agreement No. 5" for engineering services to be performed on the Railroad Relocation for the East-West Freeway. Said agreement is attached hereto and incorporated into the minutes of this Council as if fully set forth herein. 212 Regular City Council Meeting September 27, 2000 Page 213 Passed by the City Council this 27' day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney, Office Practice Section A copy of the Agreement is filed with Resolution No. 2000-R0333. HDR Engineering, Inc. has provided professional services for the railroad relocation project for the East-West Freeway beginning with alternative route evaluations through Supplemental Agreement Number 4 to ultimately relocate the West Texas and Lubbock Railroad for the East- West Freeway. This pending agreement is made necessary by requirements of the railroad for changes in design to tie in and interface with the BNSF main line that comes into Lubbock. These changes primarily involve field surveys, roadway design controls, drainage, and signals. These services will increase the contract by $127,449 and bring the total cost to $1, 811,798. The Texas Department of Transportation (TxDOT) has reviewed and approved this agreement and will pay 90 percent of the cost ($114,704) because this engineering is considered to be part of the right-of-way expense for the East-West Freeway project. Staff recommended approval of this resolution. The next item considered was Item 22. (21.) Resolution No. 2000-RO339 authorizing the Mayor to execute an agreement between the City of Lubbock and the Military Glider Pilots Association, Inc. and Texas Aviation Heritage Foundation Inc. entitled "Silent Wings Museum Agreement." RESOLUTION NO.2000-RO339 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 with Military Glider Pilots Association, Inc. and Texas Aviation Heritage Foundation, Inc. entitled "Silent Wings Museum Agreement.", and related documents. Said agreement 213 Regular City Council Meeting September 27, 2000 Page 214 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 27th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2000-R0339. During World War II, the land that is now Lubbock International Airport was the site of South Plains Army Air Field (SPAAF), a training base for the Army's military combat glider program. More than half of the glider pilots who flew combat missions during the war trained at SPAAF. Several years after the war, the glider pilots pooled their resources and established a museum in Terrell, Texas to ensure that their story would not be forgotten. The museum is operated by the Military Glider Pilots Association, Inc. (MGPAI), a non-profit organization. In recent years, MGPAI has been exploring options for relocating the museum. Their goal is to find a permanent home for the museum where the glider pilots' legacy will be preserved long after they are gone For the past two years, the City of Lubbock has been working with Texas Aviation Heritage Foundation, Inc. (TAHFI) and the Board of Directors of MGPAI to acquire the Silent Wings Museum and relocate it from its present site in Terrell to a new site at Lubbock International Airport. This agenda item involves approval of an agreement that will transfer all of the museum's artifacts and assets to the City of Lubbock and outlines responsibilities for the operation and development of the museum at its new site. Under the agreement, MGPAI will transfer ownership of all the artifacts located at the Silent Wings Museum and other locations to the City of Lubbock. The artifacts include a fully restored CG-4A glider, a restored Schwietzer training glider, a restored CG-4A cockpit, a restored jeep, a restored Link Trainer, a collection of WWII weapons, and a wide range of equipment, uniforms, insignia, and documents related to the military combat glider program. MGPAI will also work with the City to obtain agreements with the owners of artifacts that are "on loan" to the museum to obtain approval for continued display of the items in the new location. In addition to its artifacts, the Museum will transfer all of its financial assets to the City, including $327,000 in cash and investments, and 214 Regular City Council Meeting September 27, 2000 Page 215 proceeds from the sale of MGPAI's interest in the museum building in Terrell. Upon completion of the transfer, MGPAI will be dissolved in accordance with its by-laws. TAHFI, an organization that has been instrumental in the effort to bring the Silent Wings Museum to Lubbock, is committed under the agreement to transfer all funds that it has raised for the museum to the City of Lubbock. Approximately $101,700 will be transferred from TAHFI to the City upon approval of the agreement. In addition, TAHFI will continue its fund raising efforts for future development of the museum. The City's responsibilities under the agreement include the development and operation of the new Silent Wings Museum in the old terminal building at Lubbock International Airport. The City will invest a minimum of $1 million in the restoration of the terminal building, and an additional $1 million in the development of exhibits within the building. Funding sources for the development of the museum are identified in Exhibit D of the Silent Wings Museum Agreement, and are outlined below: BUILDING City of Lubbock HUD $323,750 General fund 235,000 Airport operating fund 12,550 $571,300 MGPAI 327,000 TAHFI 101,700 TOTAL BUILDING $1,000,000 EXHIBITS Fund-raising campaign $800,000 City of Lubbock 200,000 TOTAL EXHIBITS $1,000,000 In addition, the City agrees to operate the museum with a professional director, and a staff of full and part-time workers. While the Silent Wings Museum Agreement doesn't specify a minimum level of operating expenditures, staff research has indicated that an annual operating budget of $279,626 will be required to ensure the success of the museum. Staff has developed an operating plan that would cover approximately 70 percent of the costs of running the museum. The remaining 30 percent of the costs, or approximately $87,000 per year, would come from the General Fund. The financial aspect of the operating plan is outlined below: 215 Regular City Council Meeting September 27, 2000 Page 216 OPERATING PLAN Airport Operating Maintenance $60,000 Manager 42,000 Total $102,000 Museum Revenue $ 50,000 Air Show Revenue 40,000 General Fund Contribution 87,626 TOTAL OPERATING BUDGET $279,626 A key element of the overall operating plan involves the merger of the Silent Wings Museum project with an Airport Board initiative to develop an air show. While both projects enjoy high levels of public support, staff has had difficulties justifying development costs for either project as a stand-alone program. The current operating plan is to place responsibility for the development of both projects under one manager within the Department of Aviation. This would greatly reduce operating costs for both programs, and creates an opportunity to utilize the air show as an on -going fund raising vehicle for the museum. Upon approval of this agreement, staff will initiate the process of transferring ownership of the Silent Wings Museum to the City of Lubbock. Staff will also initiate the hiring process for the museum/air show manager and will begin the process of developing both projects. Current plans are to open the new Silent Wings Museum in the fall of 2002, on the opening day of the inaugural Silent Wings Air Show. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval. Mark Earle, Aviation Manager, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 2000-RO339 with changes to the contract including a requested signature line as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The item was considered following Item 25. (21A.) Consider a resolution authorizing the Mayor to execute an amendment to the water supply contract between the City of Lubbock and the Lubbock County Water Control and Improvement District #1. This item was deleted. (22.) Resolution No. 2000-0334/RFP #00-197 - Worker's Compensation — Insurance (Risk Management) - This contract is for worker's compensation insurance to protect the City of Lubbock from financial loss due to worker's compensation claims. 216 Regular City Council Meeting September 27, 2000 Page 217 RESOLUTION NO.2000-00334 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 Worker's Compensation Insurance, by and between the City of Lubbock and Texas Municipal League Intergovernmental Risk Pool of Austin, 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 27th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0334. The following firms submitted proposals and were ranked as follows: Texas Municipal League Intergovernmental 11.45 Risk Pool (TML-IRP) of Austin, Texas Upshaw Insurance Agency/Safety National 11.40 Insurance of Amarillo, Texas McGriff, Seibels & Williams of Texas/American 8.55 Home of Dallas, Texas Texas Political Subdivisions of Dallas, Texas 4.90 Proposals were evaluated using the following criteria: Coverage (10 %) Service (30 %) Financial Capacity (10%) Professional Capacity (10%) Management Information (20 %) Price (20 %) 217 Regular City Council Meeting September 27, 2000 Page 218 The evaluation committee recognizes that the evaluation difference between TML-IRP and Upshaw/Safety National is only .05 point. However, these firms proposed two very different products. The TML- IRP product is a guaranteed cost, or first dollar, coverage. Upshaw/Safety National is a $250,000 self -insured retention per claim and/or a $1,000,000 annual aggregate that has a ceiling on the insurance payout of $1,355,000. TML-IRP provides services not provided under the Upshaw/Safety National proposal that include adjusting services, loss control support, legal fees and Texas Workers' Compensation Commission representation. Staff recommended awarding a contract to Texas Municipal League Intergovernmental Risk Pool to provide workers' compensation insurance. The annual member contribution is $1,420,438 for coverage from October 1, 2000 through September 30, 2001 and is within the Risk Management Self -Insurance Fund/Liability budget amount. (23.) Resolution No. 2000-R0335/RFP ##00-202 - Third Party Administration Services (Risk Management) - This contract is for Third Party Administrator (TPA) services for auto and general liability insurance under the City's excess liability policy. RESOLUTION NO.2000-RO335 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 third party administrator services, by and between the City of Lubbock and Crawford & Company of Atlanta, Georgia, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0335. The following firms submitted proposals and were ranked as follows: 218 Regular City Council Meeting September 27, 2000 Page 219 Crawford and Company of Atlanta, Georgia 12.0 Hammerman and Gainer, Inc. of Houston, Texas 11.3 EOS Claims Services Inc. of San Antonio, Texas 8.7 Bland Harper & Associates, Inc. of Lubbock, Texas 8.4 Barron Risk Management Services Inc. 8.1 of San Antonio, Texas Proposals were evaluated using the following criteria: Service (30 %) Financial Responsibility (10%) Management Services (30 %) Pricing (30 %) The selection of Crawford and Company as the Third Party Administrator for auto and general liability insurance offers continued experience in the handling of governmental entity claims with a claim staff sufficient to handle the volume. In addition, Crawford and Company has already been approved as a TPA by the City's excess liability insurance carrier. Staff recommended contract award to Crawford and Company. The anticipated annual cost for services is $110,226 for coverage from October 1, 2000 through September 30, 2001 and is within the Risk Management Self -Insurance Fund/Liability budget amount. (24.) Resolution No. 2000-R0336/Resolution No. 2000-R0337/Bid #00-213 - Pipe, Valves, and Fittings (Water Utilities)- This bid for the purchase of pipe, valves, fittings and miscellaneous items used to supply water for fire protection to the recently annexed area. This phase includes 98' Street to 110' Street between Frankford and Upland. The city will solicit bids for the installation of these items at a later date. RESOLUTION NO.2000-RO336 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #00-213 to furnish pipes, valves, and fittings, by and between the City of Lubbock and Jet Specialty, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary 219 Regular City Council Meeting September 27, 2000 Page 220 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2000-R0336. Items 11-15 and 68-96 on the tabsheet include concrete pipe and various concrete fittings. These items were deleted during the bid process because it was determined that concrete cylinder pipe is not well suited for distribution systems because the repair and tapping procedures can require the city to contract with the pipe manufacturer. Concrete cylinder pipe is better suited for long transmission mains that won't require frequent tapping. Item 25 on the tabsheet is for 16" Class 150 Molecularly Oriented Polyvinyl Chloride (PVCO) pipe and was deleted during the bid process because it was discovered that the largest size of Class 150 PVCO pipe manufactured is 12". Pipe materials (ductile iron, PVC, PVCO and HDPE) were evaluated for the best price in combination with the fittings and joint restraints appropriate for the pipe material. It was determined that PVC pipe material is the most economical choice. Prices for the vales, fire hydrants, valve boxes, and warning tape were evaluated independent from the pipe material because they are compatible with all pipe material. Consequently, staff recommended that Council reject bids for bid items 1-5 (ductile iron pipe), bid items 16-20 (HDPE pipe), bid items 21-24 (PVCO pipe), bid items 64-67 (joint restraints for ductile iron pipe), bid items 97-120 (fittings for HDPE pipe), and bid items 127-131 (joint restraints for PVCO pipe). The low bids are from the following companies: Watermaster Irrigation Supply, Inc. $297,382.16 of Lubbock, Texas $297,382.1 Jet Specialty of Odessa, Texas $ 36,010.00 Western Industrial Supply, LLC $ 26,952.11 of Lubbock Texas K.W. Sharp, Inc. $ 23,126.00 of Brownfield, Texas Waterworks Sales Company $ 1,992.00 of Amarillo, Texas The total expenditure amount is $385,462.27 and is within the Annexation Water System Improvements budget amount. Staff recommended approval of this contract. (25.) Resolution No. 2000-R0338/Bid ##00-215 - ACM Abatement at Mahon Library Basement Area (Facilities Management) - This bid is for the removal of the remaining asbestos containing material (ACM) in the basement of Mahon Library. The existing fireproofing will be removed and new fireproofing installed in the developed area currently being used by library personnel. 220 Regular City Council Meeting September 27, 2000 Page 221 RESOLUTION NO. 2000-RO338 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 per ITB #00-215 to furnish materials and services for ACM Abatement at Mahon Library basement area, by and between the City of Lubbock and Asbestos Removal, 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 27th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contract Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of September, 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 Asbestos Removal, Inc., of the City of Odessa, County of Ector, 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 #00-215 - ACM ABATEMENT AT MAHON LIBRARY BASEMENT AREA - $55,425 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 221 Regular City Council Meeting September 27, 2000 Page 222 accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ David Ziegler Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Charlotte Smith CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Asbestos Removal, Inc. Bv: /s/ Ron Osborn PRINTED NAME: TITLE: Project Manager COMPLETE ADDRESS: Asbestos Removal, Inc. P.O. Box 13508 Odessa, Texas 79768 The low bid is $55,425 from Asbestos Removal, Inc. of Odessa, Texas and is within the Mahon Basement ACM Abatement -Capital Outlay budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. The next item considered was Item 21. REGULAR AGENDA (26.) Ordinance #2000-00050—Approving and adopting a budget for Fiscal Year 2000-2001 for the City of Lubbock (second and final reading) 222 Regular City Council Meeting September 27, 2000 Page 223 ORDINANCE NO.2000-00050 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 2000-01 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 2000-01 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS AND POSITIONS; AND PROVIDING FOR A SAVINGS CLAUSE. — The City of Lubbock Charter requires two readings of an ordinance for adoption. This is the second reading of the ordinance adopting the budget for the City of Lubbock for Fiscal Year 2000-2001. The budget ordinance must be considered first, followed by the ordinance on the tax rate. A public hearing on the budget was held on Wednesday, September 13 at 5 p.m. to allow citizens an opportunity to comment on the proposed FY 2000-2001 budget. After the public hearing the Council unanimously voted to reduce the property tax rate by one cent from 58 cents per $100 valuation to 57 cents per $100 valuation. Total net assessed valuation as certified by the Lubbock Central Appraisal District is $6,638,911,093 representing a 7.5 percent increase over last year's total net assessed valuation. Of this increase, $117 million is a result of the newly annexed area, $164 million is due to new property and improvements and approximately $181 million is due to other changes and re -valuations. In order to achieve the one -cent reduction, cuts were made in the following areas: • $450,000 in new funding for Reese Interlocal agreement was eliminated. This will be funded through existing Community Investment Fund revenue in collaboration with Market Lubbock, Inc. • $214,000 reduction in transfer for Capital Projects ($114,000 for Parks and $100,000 General Facilities and System Improvements) The Community Investment Fund established in FY1998-99 will receive 1 percent of gross revenues from the General Fund and those Enterprise Funds that benefit from community growth, Electric, Water, Sewer and Solid Waste. Additionally, the Solid Waste Fund will contribute an additional enhanced contribution of $1 million to the Community Investment Fund. The Community Investment Fund is a separate fund that will be used for economic development projects as approved by Council. At the end of each fiscal year transfers will be made subject to any extraordinary events that might require the funds to be used to meet operating requirements. Annual review will be conducted by the City Manager prior to the transfer to assure that the transfer to the Community Investment Fund does not jeopardize the integrity of the contributing operating funds. There has been no change to the Enterprise Fund budgets since Council work session discussions in early August. No new rate increases are proposed. Rates for water and sewer service are incorporated in accordance with the scheduled increases adopted as part of the budget process in FY 1999-2000. The scheduled increase is 4 223 Regular City Council Meeting September 27, 2000 Page 224 percent for water to fund the North Panhandle Plains Project and 3 percent for sewer for operations and capital projects. A change to increase TMRS retirement annuities. Currently the annuity is 50 percent of Consumer Price Index (CPI) change. The proposed change will increase TMRS retirement annuities to 70 percent of the CPI. An additional change since the budget public hearings and first reading is the Literacy Coalition funding request. As part of the budget discussions, the Literacy Coalition requested $10,000 in funding to support their current programming efforts. This amount is incorporated as part of the General Multi -Purposes budget to be funded within the existing approved budget for General Multi -Purpose. Staff are still working on options related to Christmas lights on Broadway and will be prepared to discuss at the meeting. Staff recommended approval of the passage of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance No. 2000-00050 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (27.) Ordinance #2000-0005 1 —Setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for year 2000 (second and final reading) ORDINANCE NO.2000-00051 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 2000; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES SHALL BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. The City of Lubbock Charter requires two reading of ordinances. This is the second reading of the ordinance adopting and levying a tax rate for the City of Lubbock for Fiscal Year 2000-2001. The budget ordinance must be considered first, followed by the ordinance adopting and levying a tax rate. After the budget public hearing on Wednesday, September 13, the Council voted unanimously to reduce the property tax rate by one cent. The ordinance has been changed to reflect that vote. The proposed rate is 57 cents per $100 valuation, based on a certified next taxable value of $6,638,911,093 as submitted by the Chief Appraiser of the Lubbock Central Appraisal District. The tax rate distribution is outlined in the ordinance. Staff recommended approval of the passage of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance No. 2000-00051 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 224 Regular City Council Meeting September 27, 2000 Page 225 (28.) ORDINANCE #2000-00052—Authorizing a repeating annual increase equal to seventy percent of the change in the Consumer Price Index for retirement annuities under the Texas Municipal Retirement System (TMRS) (second and final reading). ORDINANCE NO.2000-00052 AN ORDINANCE PROVIDING FOR INCREASE PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF LUBBOCK, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance No. 2000-00052 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PUBLIC HEARINGS (29.) Ordinance No. 2000-00053--ZONE CASE NO. 2627-E (6317 and 6321 19th Street): Hold a public hearing to consider request of George H. McMahan for a zoning change from C-4 to C-4 Specific Use for a veterinary clinic, pet boarding and grooming facility on Lots 5 and 6, Block 2, West End Place Annex Addition ORDINANCE NO.2000-00053 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING — CHANGES: ZONE CASE NO. 2627-E; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING ON LOTS 5 AND 6, BLOCK 2, WEST END PLACE ANNEX ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:25 a. in. George H. McMahan appeared in favor of zone case. No one appeared in opposition. Mayor Sitton closed the hearing at 11:27 a. m. The entire block is currently zoned C-4 with a list of permitted uses. Public kennels and vet clinics are normally permitted uses in C-4 but were not included within Ordinance 9264, as well as most of the C-4 zone cases outside the Loop on West 19'. Public kennels in C-4 require that all animals be housed within the building. Adjacent land uses: North - vacant South - residential, nonconforming East - commercial West - commercial The request is consistent with the Comprehensive Land Use Plan. 19' Street is a regional thoroughfare and is eligible for C-4 zoning. The request is filed as Specific Use to accommodate a reduction of setback from the "side" street (LaSalle). A neighboring restaurant business to the east uses a portion of this lot as access to an accessory window. Although Mr. McMahan could meet the standard 43-foot 225 Regular City Council Meeting September 27, 2000 Page 226 setback from LaSalle, the resulting location of the building would take away the pass through lane and most likely put the small restaurant out of business. The proposed site plan indicates a ten -foot setback from LaSalle. With no current business located south on LaSalle, the proposed reduction of setback does not create a line of sight issue for either the adjacent landowner or the public. The site plan does not illustrate the proper design or number of parking spaces, and will not be controlling for those aspects. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. The structure shall have a minimum 10-foot setback on the west from the property line. 2. Ordinance No. 9264 shall be amended to allow veterinary clinics and pet boarding kennels as a permitted use, with the existing list of permitted uses to continue. The staff supports the request with the two proposed conditions. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2000- 00053 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (30.) ORDINANCE #2000-00054--ZONE CASE NO. 2890 (north of 66th Street and east of Upland Avenue): Hold a public hearing to consider request of Bob Sanderson for a zoning change from T to IHC for an indoor lumber yard on the north 65 feet of the west 150 feet of Tract A, Pine Grove Estates, and to consider ordinance. ORDINANCE NO.2000-00054 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2890; A ZONING CHANGE FROM T TO IHC ZONING ON North 65 feet of the West 150 feet of Tract A, Pine Grove Estates, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:28 a. in. No one appeared on behalf of request. No one appeared in opposition. Mayor Sitton closed the hearing at 11:28 a. in. The request is in the area annexed in January 1999. Adjacent land uses include: North - commercial South - commercial East - commercial West - vacant 226 Regular City Council Meeting September 27, 2000 Page 227 The request is compatible with the recently amended Comprehensive Land Use Plan. This pocket of heavy commercial has been in existence for a number of years. The request complies with zoning policies. The request will have no detrimental 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 Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00054 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal stepped away from dais. (31.) ORDINANCE #2000-00055--ZONE CASE NO. 2891 (west of Quitsna Avenue and south of 19th Street): Hold a public hearing to consider request of Hugo Reed and Associates (for Southwest Commercial Management, Inc.) for a zoning change from R-1 to M- 1 on a tract of land out of Section 5, Block D6, and to consider ordinance. ORDINANCE NO.2000-00055 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2891; A ZONING CHANGE FROM R-1 TO IDP ZONING ON a tract of land out of Section 5, Block D6, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:30 a. in. No one appeared to speak. Mayor Sitton closed the hearing at 11:30 a. in. A group owning a machinery sales and service company has proposed to buy this compound for the expansion of their business. The industrial complex was in existence prior to annexation in 1984. This zone case will bring the property "up to par" in terms of zoning and activities on the parcel. During the hearing, the request was amended to IDP (Industrial Park) with a Specific Use Permit to allow both on and off thoroughfare permitted uses. Adjacent land uses: North - commercial South - abandoned cotton gin East - commercial zoned, vacant and a manufactured home park West - manufactured home park, outside the city limits. The request is consistent with the Comprehensive Land Use Plan. It is styled as Specific Use to allow inclusion of the off -thoroughfare group of uses as well as the on -thoroughfare uses. Although the property borders a designated thoroughfare, the immediate proposed use of the property is in the off -thoroughfare group. Since the buildings exist, the proposed additional uses should not create an issue. 227 Regular City Council Meeting September 27, 2000 Page 228 The request is consistent with zoning policy. The influence of the railroad and adjacent cotton gin/delinting company, as well as this compound, constitute the reasoning for the IDP policy on the Comprehensive Plan. Having this group of operators in the now vacant buildings will be an asset. Any new development on the parcel will require screened outside storage and some landscaping, which distinguishes IDP from M-1. The proposal should have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this -- request subject to the following condition: Both on and off thoroughfare permitted uses shall be allowed. The staff supports the recommendation of the Planning Commission as IDP Specific Use with both on and off thoroughfare permitted uses being permitted. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00055 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (32.) ORDINANCE #2000-0056—ZONE CASE NO. 2269-0 (8212 Memphis Avenue): Hold a public hearing to consider request of Jeffrey and Virginia Rauth for a zone change from AM Specific Use to GO on Tract E-1, King's Gate Addition, and to consider ordinance. ORDINANCE NO.2000-00056 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2269-0; A ZONING CHANGE FROM AM Specific Use TO GO ZONING ON Tract E- PROVIDING ng's Gate Addition, LUBBOCK, TEXAS; PROVIDING A PENALTY; SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11.32 a. in. Jeffrey Rauth appeared in favor on zone case. No one appeared in opposition. Mayor Sitton closed the hearing at 11:32 a. in. The existing AM Specific Use zoning is a holdover from the use of AM prior to the development of Garden Office zoning. The current ordinance excludes medical from the balance of the permitted office uses. Adjacent land uses: North - offices South - garden home residential East - duplex residential West - offices 228 Regular City Council Meeting September 27, 2000 Page 229 The request is consistent with the Comprehensive Land Use Plan and zoning policies. The request will bring the parcel up to par with current Garden Office standards and permitted uses. The request will have no detrimental 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 McDougal to pass on first reading Ordinance No. 2000- 00056 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS (33.) Resolution No. 2000-RO340 adopting the Legislative Package for the 77th Texas Legislative Session, the 107th Congress, and the Legislative Omnibus. RESOLUTION NO.2000-RO340 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock hereby adopts this Legislative Package and Omnibus for the 77' State Legislative Session and the 107' Congress for the purpose of defining the position of the City of Lubbock in both State and Federal Legislative issues. Said Legislative Package and Omnibus are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of City Council. Passed by the City Council this 27`' day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett -- Tony Privett, Director of Communication and Legislation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney 229 Regular City Council Meeting September 27, 2000 Page 230 A copy of the Legislative Package and Omnibus are filed with Resolution No. 2000- R0340. The Legislative Package is a collection of statutory issues that the City proposes to initiate, support, oppose, or monitor in the State Legislature and the U.S. Congress for 2001. The Package came from issues driven by City Council Goals combined with staff s identification of legislative needs. The Legislative Omnibus is a general position statement that will guide the legislative efforts of the City when issues change at a rapid pace, making it impossible to get Council consensus on every issue. Staff recommended the adoption of this Legislative Package and Omnibus. Tony Privett, Corporate Communication Manager, presented staff comments. Councilmember Hernandez suggested Legislative Package to have a breakdown to vote on specifics, separately. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2000-RO340 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted nay. BOARD APPOINTMENTS (34.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to appoint George Paul to the Appointments Advisory Board. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke stepped away from dais. (35.) Consider two appointments to the Community Relations Commission. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to appoint Rodrick Evans and Martha Medina to the Community Relations Commission. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke stepped away from dais. (36.) Consider one appointment to the Public Transit Advisory Board. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to appoint Olga Riojas-Aguero to the Public Transit Advisory Board. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke stepped away from dais. 230 Regular City Council Meeting September 27, 2000 Page 231 (37.) Consider one appointment to the West Texas Municipal Power Board. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to reappoint Alex "Ty" Cooke to the West Texas Municipal Power Board. Motion carried: 6 Yeas, 0 Nays. 11:41 A.M. COUNCIL RECESSED 12:31 P.M. COUNCIL RECONVENED 12:31 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke stepped away from dais. WIND SITTO , MAYOR ATTEST: ayt ie Darnell, City Secretary Read and approved this i day of�gMk /, a000, INDY 'TON, MAYOR ATTEST: i Kaythiel Darnell, City Secretary 'J 231