The URL can be used to link to this page

Home My WebLink AboutMinutes - City Council - Regular - 11/27/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 27, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of November, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T.J. Patterson CITIZEN COMMENTS No one appeared to express comments to the Council. EXECUTIVE SESSION Mayor Pro Tern 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 Attorney; City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Energas; Parks Department; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Auditorium/Coliseum; Water Utilities). 7:36 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney; City Manager). (2•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1) (A) to discuss pending or contemplated litigation (Energas; Parks Department; Police Department; Water Utilities). ( 4•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Airport Board Appointments Advisory Board Building Board of Appeals Community Development and Services Board Board of Electrical Examiners Board of Health Regular City Council Meeting November 27, 2000 Page 368 Permit and License Appeal Board Structural Standards Commission Youth Commission —Adults Zoning Board of Adjustment (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Auditorium/Coliseum; Water Utilities). 9:41 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except for Councilmember McDougal. (6.) Presentation of the results of an optimization review of water plant, wastewater plant and wastewater collection operations. Tom Arn, Malcom Pirnie Engineers (20 minutes) The engineering firm of Malcolm Pirnie was hired to complete an efficiency study of the Water Treatment, Water Reclamation, and Wastewater Collection departments to gauge effectiveness and efficiency of all aspects (i.e., operation and maintenance practices, personnel, finance, and cost effectiveness). The study was started in June of 2000. Mr. Tom Arn of Malcolm Pirnie gave a presentation on the findings of this study. No action was required on this item. (7.) Presentation of Fourth Quarter and Annual Investment Report. Linda Patterson, Investment Adviser, Patterson & Associates; Andy Burcham, Cash and Debt Manager (25 minutes) As required by the Public Funds Investment Act (PFIA) and the City's Investment Policy, a presentation of the investment performance of the City's funds must be given to the City Council on a quarterly and annual basis. This presentation highlighted how the City's investment program has met all criteria of the PFIA. Andy Burcham, Cash and Debt Manager for the City, and Linda Patterson, President of Patterson & Associates, provided summary information on the City's investment performance and the current condition of the financial markets. No action was required on this item. 10:25 A. M. WORK SESSION RECESSED 10:48 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "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, Assistant City Secretary Mayor Sitton called the meeting to order at 10:48 A. M. 368 Regular City Council Meeting November 27, 2000 Page 369 (8.) Pastor Jimmy Storrie, Minister to Youth, First Baptist Church gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Youth Commission —Students Receiving: Luis Arandia, Jr. Mohamed Attaya Angela Chavez Spring Dodd JoAvis Green Jessica Groves Jason Gutierrez (unable to attend) Greg Hernandez Crystal Landeck (unable to attend) Sandya Nair (unable to attend) Jacklyn Palacios (unable to attend) Monica Salas (unable to attend) Brian D. San Francisco (unable to attend) Marina Souza Alternates: Kemberly McDaniel Lora Koenig Travis Reagan Victoria Sanchez CITIZEN APPEARANCES (10.) Presentation of the Ten Commandments by Dr. Gary Schwantz. In an effort to recognize the importance of the Ten Commandments as a foundation for this country's laws and ethics, Dr. Gary Schwantz presented a copy of the Ten Commandments to the Mayor and City Council. He and David Miller from Indiana Baptist Church wanted to honor the City's elected officials for their commitment to integrity and for upholding the laws of the city, state and nation. Presentation of the Ten Commandments to City Council by Dr. Gary Schwantz. TOP TEN LIST Councilmember David Nelson presented his Top Ten List of Positive Things About Lubbock. No. 10 is Legendary Leadership. Senator Bledsoe, George Mahon, Preston Smith, Charles Guy. These are but a few of the people that have shaped today's vibrant city of Lubbock. They were men with vision, purpose and political savvy. What a great legacy they have given to the Montfords, Combests, Duncans and Sittons of today. No. 9 is Ubiquitous Friendliness. That means friendliness is everywhere in Lubbock; it is omnipresent. When anyone visits Lubbock that's the first thing they say about our city, and it's always the main thing they remember. That's a great first and last impression. 369 Regular City Council Meeting November 27, 2000 Page 370 No. 8 is Blade -runners. It's ice-packin', lip-smackin', good hockey! The WPHL's Lubbock Cotton Kings rule at the coliseum on game nights. They also open the ice every Sunday afternoon for public skating for next to nothing. No. 7 is Beauty, understated. Lubbock is blessed with "understated beauty". Farmers' fields look like a giant patchwork quilt when people fly into our airport. And what about that ever -changing blue backdrop of a sky we see almost every day of the year? It's usually the envy of most people in other parts of the world. If there's ever a doubt that Lubbock has beauty, just look up. No. 6 is Openness. Not only do we have wide-open skies and spacious landscape, we open our public meetings to everyone. We also have open hands and open hearts, as evidenced by the largest canned food drive in Texas every year. No. 5 is Christmas Spirit. The U-Can-Share Food Drive donates over 1 million pounds of food to the needy each year. Santa Land enters its 44' year as Mr. and Mrs. Claus' winter resort home. The Lights on Broadway parade and festival, LP&L's Broadway decorations, and the world-renowned Christmas lights on the Texas Tech campus electrify the Christmas spirit in Lubbock. No. 4 is K. I. S. S. This stands for "Keep It Simple, Sweetheart". That's what we enjoy about Lubbock. That's the way we run our city. That's the way we vote on the City Council. The electorate here has the ability to filter out the things that may not be quite as material as others and analyze the heart of the issue, and cast their votes on that. As Joe Friday would say, "Just the facts, ma' m" . No. 3 is Ya'll. This collective pronoun is one of Lubbock's distinctive colloquialisms. It is important to note that the term is inherently inclusive, which is the most commonly described quality of Lubbock. Everybody is welcome in Lubbock, and everybody's input - all of "ya'll's" input - is welcomed and valued. No. 2 is E=mc'`. This stands for Energy = money conserved to the second power. Like all cities, Lubbock has limited resources, but we feel that with the energy of the citizens in our community, we can make up for our lack of money. For every one (1) ounce of energy expended, we can save twice that amount of money. Our participation in the community - our energy, is the greatest resource that Lubbock has. No. 1 is Sense of Discovery. Lubbock is a comparatively new city. We are still discovering all that Lubbock is and all that it has to offer. Be open-minded about Lubbock, explore Lubbock, be ambassadors for Lubbock, and do what our Convention and Visitor's Bureau says, "Discover a Texas Legend". CONSENT AGENDA (Items No 11-15, 17-20, 21, 23-30) Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve Items 11-15, 17-20, 21, 23-30, on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of the minutes of the Regular City Council Meeting of November 7, 2000. 370 Regular City Council Meeting November 27, 2000 Page 371 (12.) Resolution No. 2000-RO418 to approve a revised Investment Policy and Investment Strategy. RESOLUTION NO. 2000-RO418 WHEREAS, on August 25, 1995, the City Council of the City of Lubbock adopted Resolution #4933 which established an investment policy for the City of Lubbock; and WHEREAS, on December 18, 1997, the City Council of the City of Lubbock adopted Resolution #5728 which revised the City's investment policy so as to comply with changes to the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on May 28, 1998, the City Council of the City of Lubbock adopted Resolution #5867 which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on November 4, 1999, the City Council of the City of Lubbock adopted Resolution #6600 which revised the City's investment policy so as to make minor "housekeeping" changes and bring the current investment policy into compliance with House Bill 3009; and WHEREAS, the City Council has reviewed and approved the City of Lubbock Texas Investment Policy and Investment Strategy and desires to make certain changes thereto so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock investment policy and investment strategy, as reviewed and amended in the attached document entitled "City of Lubbock, Texas, Investment Policy and Investment Strategy" which is hereby incorporated in this Resolution as if fully set forth, BE approved and adopted for the City of Lubbock, Texas, and shall be included in the minutes of the Council. Passed by the City Council this 27th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Perry Stout Perry Stout, Interim Managing Director of Finance APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney 371 Regular City Council Meeting November 27, 2000 Page 372 An annual review by the City Council of the City of Lubbock Investment Policy and Investment Strategy is required by the Public Funds Investment Act (Government Code 2256.005e). The Investment Policy and Investment Strategy has been updated to reflect minor changes as recommended by the City's investment Review Committee (IRC). The agenda back-up information included a "red -lined" version of the Policy/Strategy to highlight all changes that have been made at this time. The City Manager has appointed members to the IRC, which is mandated by the City's Investment Policy and Investment Strategy. The IRC has reviewed the changes to the Investment Policy and Investment Strategy and recommended approval of this resolution. (13.) Resolution No. 2000-RO419 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a contract to provide HIV counseling services for prevention and education, by and between the City of Lubbock and the Texas Department of Health, and related documents. RESOLUTION NO. 2000-RO419 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 provide HIV counseling services for prevention and education, by and between the City of Lubbock and the Texas Department of Health, 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 November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0419. Our contract with the Texas Department of Health to provide HIV counseling services comes before the City Council annually. The total attachment amount is $46,350, which covers salary and fringe benefits 372 Regular City Council Meeting November 27, 2000 Page 373 for one full-time employee, travel, supplies, equipment, and $953 for indirect (administrative) costs. The contract includes the collaborative efforts between the Health Department, South Plains AIDS Resource Center, Catholic Family Services, Lubbock Mental Health Mental Retardation Center, Texas Tech University, and the Lubbock County Community Correctional Facility to provide HIV education, prevention counseling and testing. Each agency has a unique role in providing these services to Lubbock residents. All agencies are needed to provide comprehensive, continuous care for persons at risk or who are diagnosed as HIV positive. The City Health Department provides testing and counseling services, both pre- test and post-test, with heavy emphasis placed on education and preventive measures. Lubbock has experienced 323 total cases of AIDS since 1983 with 177 cases resulting in death. Lubbock had 36 new cases of AIDS reported in 1999 and 16 new cases reported in 2000. Lubbock had 38 new HIV - positive infections reported in 1999 and 29 new cases to date for CY 2000. This program fulfills the Core Mission of Public Health as it relates to prevention and health education. Without the funding from the Texas Department of Health contract, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Therefore, staff recommended approval of the resolution. (14.) Resolution No. 2000-RO420 authorizing the Mayor to execute a replacement amendment to the operating agreement between the City of Lubbock and Texas Tech University regarding the operation and control of parking areas located between the Municipal Auditorium - Coliseum and Jones SBC Stadium. RESOLUTION NO.2000-RO420 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Operating Agreement with regard to the parking areas located between the Auditorium -Coliseum and Jones Stadium by and between the City and Texas Tech University System, a copy of which Amendment to Operating Agreement is attached hereto, and any associated documents, which Amendment to Operating Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 27th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 373 Regular City Council Meeting November 27, 2000 Page 374 APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment to Operating Agreement is filed with Resolution No. 2000- R0420. Due to the enlargement and remodeling of Jones SBC Stadium, there will be a loss of parking spaces on the parking lot located between the Auditorium -Coliseum and Jones SBC Stadium. This parking lot is owned and maintained by the City of Lubbock. Initially, there will be a loss of approximately 250 parking spaces due to the need to use a portion of the lot as a construction staging area. Ultimately, there will be a loss of approximately 450 parking spaces, based on the current configuration, once the proposed landscaping and other improvements associated with the stadium remodeling are completed. Because of the University's need to utilize certain portions of this parking area for non -permanent landscaping and other improvements, it is necessary to replace the current Amendment to the Operating Agreement that addresses the use of the parking lot. Key provisions of this Amendment include: 1. Texas Tech University will re -stripe the Auditorium -Coliseum parking lot to maximize the number of standard parking spaces available. 2. Texas Tech will provide substitute parking in the parking lot west of the Municipal Coliseum (referred to as their C-5 lot) and, to the extent necessary, in the parking lot that services Thompson Hall (referred to as their R-25 lot). This replacement parking will be available to the City during Auditorium -Coliseum events. 3. Texas Tech University will continue to pay an annual fee for parking privileges and for the use of a portion of the parking lot for the landscaping and other non -permanent improvements. 4. In the event that Texas Tech University increases their parking fees for the parking area, the amount paid to the City will increase proportionately. This is consistent with the existing Amendment. 5. The City will continue to maintain and repair the parking lot, however, the City will not be responsible for the portions of the parking area being dedicated to landscape and other improvements related to Jones SBC Stadium. 6. Both parties will continue to develop a plan to ensure that the University will provide the same amount of ingress and egress and traffic flow for the Auditorium -Coliseum parking lot that was available prior to the closing of Red Raider Avenue. The plan will also minimize the disruption of traffic resulting from 374 Regular City Council Meeting November 27, 2000 Page 375 construction associated with the Jones SBC Stadium improvements and Marsha Sharp Freeway. 7. This amendment will be in effect for a period of one year and shall continue year to year unless cancelled by either party with 90 days' written notice. If the amendment is cancelled, the University shall ensure the removal of any landscaping or other impediments to parking. This amendment replaced the existing Amendment to the Operating Agreement between the City of Lubbock and Texas Tech University with respect to the operation and control of the parking areas located between the Municipal Auditorium -Coliseum and Jones SBC Stadium. The proposed replacement amendment gives the University the right to utilize certain portions of this parking area for non -permanent landscaping and other improvements associated with the remodeling of Jones SBC Stadium. The amendment also provides the City of Lubbock with replacement parking for any and all spaces lost with the stadium improvements. Staff recommended that City Council approve this item. (15.) Resolution No. 2000-RO421 authorizing the Mayor to execute a commercial tax abatement agreement with Williams Communications, Inc. RESOLUTION NO. 2000-RO421 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 and all related documents by and between the City of Lubbock and Williams Communications, Inc., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0421. 375 Regular City Council Meeting November 27, 2000 Page 376 The City of Lubbock received an application for commercial tax abatement from Williams Communications, Inc. to build a new telecommunications equipment facility at 1502-1520 Avenue N in the Lubbock 2000 South Enterprise Zone. The equipment will be used to switch calls, voice, data, and video signals from the fiber optic network to local exchange carriers. The project meets the Commercial Tax Abatement Policy and Guidelines minimum investment of $250,000. Total investment in the project will be approximately $5 million; $1 million for the building, HVAC and generator and $4 million in telecomm equipment. This facility will create 2-4 new jobs over the next 12 to 24 months. The estimated amount of the new payroll created will be approximately $75,000. Market Lubbock considered this application at its September 13 Board Meeting and has recommended a 5 year, declining scale tax abatement for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100% $29,000 Year 2 80 % $23 , 200 Year 3 60 % $17, 400 Year 4 40 % $11, 600 Year 5 20 % $ 5,800 The total city abatement over the life of the contract is $87,000. The total county abatement over the life of the contract would be $44,712. The project will add $5 million in new value to the tax base in the South Enterprise Zone. Under the current guidelines, Williams Communications, Inc. is eligible and meets all the criteria for tax abatement. The Notice of Intent was approved by the City Council on October 26, 2000. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of five years with a declining schedule beginning with 100 % and declining by 20 % each year. The next item considered was Item 17. (16.) Resolution No. 2000-RO434 authorizing the Mayor to execute a street -use license for a concrete entrance ramp and landing with Mike Irish (1206 Avenue R). RESOLUTION NO.2000-RO434 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License with associated documents with Mike Irish for a concrete entrance ramp and landing. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 376 Regular City Council Meeting November 27, 2000 Page 377 Passed by the City Council this 27th day of November, 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 ' 0 "Tely ar • ,I we]Kom-Uri /s/ Linda Chamales Linda Chamales, Supervising Attorney/ Office Practice A copy of the Agreement is filed with Resolution No. 2000-R0434. This street -use license is to allow a contractor to build a concrete entrance ramp and landing in the west parkway area of Avenue R just south of Broadway for property owner Mike Irish. Due to the height of the entrance of the doorways of the existing building, the entrance area east of the building in the west parkway of Avenue R needs to be elevated approximately one foot to meet ADA requirements. This license covers a 6-foot by 24-foot landing area and a 6-foot by 8-foot down ramp on the north and south side of the landing area for a total square foot usage of Avenue R of 240 square feet. This street -use license will be for 20 years, payable every 5 years in advance. The yearly cost for this license will be the $50 minimum street -use license fee or $250 for the first 5 years. The Right -of -Way Department recommended the approval of this street - use license with Mike Irish. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass Resolution No. 2000-R0434 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor Pro Tern Cooke recused himself. This item was moved from consent agenda to regular agenda and was considered following Item 30. The next item considered was Item 20A. (17.) Resolution No. 2000-R0422 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement with Texas Department of Transportation for the City to assume operation and maintenance of the traffic signal at the intersection of Brownfield Highway and Upland Avenue. 377 Regular City Council Meeting November 27, 2000 Page 378 RESOLUTION NO.2000-R0422 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for City to assume operation and maintenance of the traffic signal at the intersection of Brownfield Highway and Upland, between the City of Lubbock and Texas Department of Transportation, 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. Passed by the City Council this 27th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl D. Hart, Jr.. P.E. Jeryl D. Hart, Jr., City Traffic Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2000-R0422. This agreement between the City and TxDOT is a result of the City's annexation of this area. In accordance with TxDOT policy, cities over 50,000 population are responsible for the operation and maintenance of traffic signals within their corporate limits except on controlled access freeways. Since this signal was constructed and operated by TxDOT before this area was annexed, TxDOT is required to execute an agreement with the City to officially transfer the operation and maintenance to the City. The additional costs for this operation and maintenance was included in the estimate of the annexation cost, and it has been budgeted by Traffic Engineering in the currently approved operations budget. The Traffic Engineering Department and Legal Department recommended approval of this resolution and agreement. (18.) Resolution No. 2000-R0423 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement with Texas Department of Transportation for the furnishing and installation of traffic signal equipment by a municipality for the Milwaukee Avenue project. 378 Regular City Council Meeting November 27, 2000 Page 379 RESOLUTION NO. 2000-RO423 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for the Furnishing and Installation of Traffic Signal Equipment by a Municipality between City and the Texas Department of Transportation, a copy of which Agreement is attached hereto, and any associated documents, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 27' day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jere Hart Jere Hart, Traffic Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0423. This agreement between the City and TxDOT is a result of the City's desire to construct the majority of the traffic signal improvements for the Milwaukee Avenue Project (4' Street to 34' Street) and be reimbursed by TxDOT for this work. This work will include relocating and installation of traffic signal equipment at 34' Street and Milwaukee and at 19' Street and Milwaukee where there are existing traffic signals. It will also include furnishing pull boxes at 25' and Milwaukee, 11' Place and Milwaukee, and at 4' and Milwaukee. The City's Traffic Engineering Department has requested to do this work to ensure the quality and consistency of the installation and to minimize the signal costs on this project. The estimated maximum cost of the City's portion of the traffic signal installation is $40,666. A detailed estimate is included as Exhibit A to the agreement. The City has worked with TxDOT on several other projects in the past 3 years performing similar work. The Traffic Engineering Department and the Legal Department recommended approval of this resolution and agreement. (19.) Resolution No. 2000-RO424 authorizing acceptance of water and sanitary sewer improvements for Lots 65-114, Sunrise Estates Addition to the City of Lubbock, Lubbock County, Texas. 379 Regular City Council Meeting November 27, 2000 Page 380 RESOLUTION NO.2000-RO424 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 65 - 144, SUNRISE ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 65-144, Sunrise Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $112,534.24 with the improvements constructed by Utility Contractors of America having a value of $92,823.21 as determined by the unit prices established by said Chapter 28, and $1,860.85 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Sunrise Development and Construction Ltd. the developer, to receive a refund of $28,913.76 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $28,913.76 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 27' day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/ Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $112,534.24 and has a value of $92,823.21 as determined by the unit prices established by Chapter 28 of the Code of 380 Regular City Council Meeting November 27, 2000 Page 381 Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $1, 860.85 that does not include an amount for adjacent mains. The developer, Sunrise Development and Construction Ltd., will receive a refund of $28,913.76 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located between 108'' and 110'h Streets from Akron to Canton Avenues. Staff recommended acceptance of the improvements. (20.) Resolution No. 2000-RO425 authorizing the Mayor to execute a renewal, extension and amendment of the interlocal cooperative agreement for law enforcement services by and between Garza County and the City of Lubbock at Lake Alan Henry. RESOLUTION NO. 2000-RO425 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 Renewal, Extension and Amendment Interlocal Agreement between the City of Lubbock and Garza County, Texas, 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. Passed by the City Council this 27th day of November, 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 Water Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2000-R0425. The Sam Wahl Recreational Area located at Lake Alan Henry in Garza County has been open to the public since 1991. Public visitation since that time has increased approximately 30 % per year according to annual traffic counter data. The public also utilizes the Wildlife Habitat Area for hiking, picnicking and limited game hunting. In Given the increased volume of activity in and around City lands and the Lake, staff recommended in 1999 that Garza County take the lead role in 381 Regular City Council Meeting November 27, 2000 Page 382 law enforcement responsibility, and to increase the law enforcement presence in and around City lands. Garza County officers issue citations related to Lake Rules and Regulations that are servable in Lubbock Municipal Court. Penal code violations are served in Garza County. In calendar 1999, Garza County employed two certified peace officers and one drug dog, to work at least 70 hours per week in year-round patrol of the Recreation Area, the Lake and the Wildlife Habitat Area. The first year's contract cost for personnel, animal expenses, equipment, supplies, vehicles and maintenance was $60,000. Garza County has proposed an increase in law enforcement services for FY2000-2001. Contract increases are attributable to adjustments in maintenance expenses, fuel costs, a 20-hour per week increase in patrol time expended on City lands at Lake Alan Henry, and the addition of another peace officer utilized at Lake Alan Henry. The proposed cost for law enforcement services at Lake Alan Henry for FY 2000-2001 is $108, 820. Staff recommended approval of this item. The next item considered was Item 21. (20A) Resolution No. 2000-R0435-Authorizing the Mayor to execute a settlement agreement with Energas regarding a rate increase. RESOLUTION NO.2000-RO435 WHEREAS, the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to approve a Settlement Agreement pertaining to Gas Utilities Docket No. 9002-9135, of the Texas Railroad Commission Agreement between Energas Company and the 67 cities comprising the West Texas System; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, hereby authorizes the Mayor to sign the Settlement Agreement, as amended, pertaining to Gas Utilities Docket No. 9002-9135 of the Texas Railroad Commission between Energas Company and the 67 cities comprising the West Texas System, a copy of which Settlement Agreement, as amended, is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of November 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 382 Regular City Council Meeting November 27, 2000 Page 383 APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Settlement Agreement is filed with Resolution No. 2000-R0435. Anita Burgess, City Attorney, presented staff comments. Councilmember Morrison recognized Richard Burdine, Assistant City Manager, for all his work and effort with this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2000-R0435 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. This item was moved from consent agenda to regular agenda and was considered following Item 16. The next item considered was Item 31. (21.) RFP #00-02-35-foot passenger buses (Citibus). This proposal is for the purchase of three 35-foot passenger buses. The vehicles are replacement buses to be used by Citibus for service to Texas Tech University. NovaBus, Inc. submitted a proposal of $258,636 per vehicle. No other companies submitted a proposal due to the vehicle delivery date specified by Citibus. The grant money was originally set aside for a park and ride lot at Texas Tech University, however due to the time frame in which the money must be used Citibus either had to use the funds or lose them. Texas Tech was not prepared to start construction on a park and ride lot within the time frame specified by the Federal Transit Administration. The Federal Transit Administration will cover 80 % of this amount and the remaining 20% will come from this year's Citibus budget. No additional funding will be needed from the City of Lubbock. Citibus recommended that RFP #00-02 be awarded to NovaBus, Inc. for $258,636 per vehicle, or total costs of $775,908. The next item considered was Item 23. (22.) RFP #97219—Digital Imaging System (Police Administration) This item was deleted. (23.) Resolution No. 2000-R0426/BID #00-216/HB—Mid-Terminal Restroom Construction (Aviation) —This bid is for the construction of an additional set of restrooms in the Gate 6 vicinity near the restaurant at Lubbock International Airport. 383 Regular City Council Meeting November 27, 2000 Page 384 RESOLUTION NO.2000-RO426 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 materials and services for Mid -Terminal Restroom Construction at Lubbock International Airport per ITB #00-216, by and between the City of Lubbock and Wardroup & Associates, 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 27th day of November, 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, Contract Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of November, 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 Wardroup & Associates, 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 #00-216 - MID -TERMINAL RESTROOM CONSTRUCTION LUBBOCK INTERNATIONAL AIRPORT - $92,851.00 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 384 Regular City Council Meeting November 27, 2000 Page 385 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 by B. Garza Secretary APPROVED AS TO CONTENT: /s/ John McGinley Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Wallace C. Wardroup CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CK8' • wels Wardroup & Associates, Inc. By: /s/ Dennis W. Wardroup PRINTED NAME: Dennis W. Wardroup TITLE: President COMPLETE ADDRESS: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, Texas 79410 The low bid is $92,851 from Wardroup and Associates, Inc. of Lubbock, Texas and is within the Mid -Terminal Restroom budget amount. (24.) Resolution No. 2000-R0427/13ID #247-00/LR—Hepatitis C Virus Test Kits —Annual Pricing (Health Department) —This bid establishes annual pricing for Hepatitis C Virus (HCV) Test Kits for the Health Department. As a recipient of the Texas Department of Health Innovation Grant, the Health Department Laboratory will test in-house sexually transmitted disease (STD) patients for the presence of Hepatitis C antibodies. These reagents are required for ANTI-HCV testing. RESOLUTION NO. 2000-RO427 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a letter of award for Hepatitis C Virus (HCV) Texas Kits - Annual Pricing per Bid #247-00, by and between the City of Lubbock and Bio-Rad Laboratories, Inc. and related documents. Said letter of award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting November 27, 2000 Page 386 Passed by the City Council this 27th day of November, 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, Contract Manager/Attorney A copy of the Letter of Award is filed with Resolution No. 2000-R0427. The low bid is $14,313.60 annually from Bio-Rad Laboratories, Inc. of Redmond, Washington and is within the Innovation Grant —Supplies budget amount. Pricing is firm with an option to renew annually for up to two additional years. (25.) Resolution No. 2000-R0428/BID #249-00/1111—Window Washing Services —Lubbock International Airport —Annual Pricing (Aviation) —This bid establishes annual pricing for window cleaning services at the Lubbock International Airport (LIA) terminal building. The term of the agreement is one year with an option to renew annually for up to two additional years. RESOLUTION NO. 2000-RO428 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a letter of award for window washing services per Bid #249-00/HB, by and between the City of Lubbock and Excel Window Cleaning of Lubbock, Texas, and related documents. Said letter of award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Regular City Council Meeting November 27, 2000 Page 387 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A coy of the Letter of Award is filed with Resolution No. 2000-R0428. The low bid is $12,000 annually from Excel Window Cleaning of Lubbock, Texas and is within the Professional Services budget amount. Staff telephoned references and received positive comments from Texas Tech and University Medical Center. Staff also conducted an extensive FAA mandated background check on Excel personnel and found them eligible for unescorted access privileges within the secured area at LIA. (26.) Resolution No. 2000-R0429/BID #253-00/LR-2001 Primary Streets Maintenance Program (Street Department) —This project involves patching and two course seal coating (rehabilitative maintenance) on selected primary streets throughout the City. The various patching items will be used to replace failed areas on the selected streets. The patching will begin January 1, 2001 on the streets to be sealed and the seal coating will begin on June 1, 2001 and will be completed by September 1, 2001. The purpose of the 2001 Primary Streets Maintenance Fund is to place a new surface on damaged and/or deteriorated streets. RESOLUTION NO. 2000-RO429 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 materials and services for 2001 Primary Streets Maintenance Program per ITB #253-00, by and between the City of Lubbock and West Texas Paving, 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 27th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 387 Regular City Council Meeting November 27, 2000 Page 388 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0429. The low bid is $735,145.25 from West Texas Paving, Inc. of Lubbock, Texas and is within the Permanent Street Maintenance Fund budget amount. (27.) Resolution No. 2000-R0430/13ID #254-00/LR-2001 Secondary Streets Maintenance Program (Street Department) —This project involves patching, single course seal coating (preventive maintenance), and two course seal coating (rehabilitative maintenance) on selected secondary streets throughout the City. The various patching items will be used to replace failed areas on the selected streets. The patching will begin February 1, 2001 on the streets to be sealed. The seal coating will begin on May 15, 2001 and will be completed by September 15, 2001. The purpose of the 2001 Secondary Streets Maintenance Program is to place a new surface on damaged and/or deteriorated streets. RESOLUTION NO. 2000-RO430 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 materials and services for 2001 Secondary Streets Maintenance Program per ITB #254-00, by and between the City of Lubbock and West Texas Paving, 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 27th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Regular City Council Meeting November 27, 2000 Page 389 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0430. The low bid is $508,291.20 from West Texas Paving, Inc. of Lubbock, Texas and is within the Permanent Street Maintenance Fund budget amount. (28.) Resolution No. 2000-R0431/11ID #255-00/LR—Annexation Water System Improvements —Phase 5 (Water Utilities) —This project involves the installation of a water system for the recently annexed area. The water system will provide water service for fire protection to the area bounded approximately by 98' to 114' Streets between Frankford and Upland, and on Quaker from 98°i to 110" Streets. The project involves the installation of over 33,220 feet of water distribution pipe, more than 68 valves and approximately 31 fire hydrants. The materials for this project were purchased as a result of a previous bid. RESOLUTION NO. 2000-RO431 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 materials and services for Annexation Water System Improvements -Phase 5 per ITB #255-00, by and between the City of Lubbock and Rink's Lease Service 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 November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kavthie 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, Contract Manager/Attorney Regular City Council Meeting November 27, 2000 Page 390 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of November, 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 Rink's Lease Service, Inc., of the City of Levelland, County of Hockley, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #255-00/1-R - ANNEXATION WATER SYSTEM IMPROVEMENTS - PHASE 5 - $245,529 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. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Becky Garza MAYOR Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Dorthy L. Bownds Rink's Lease Service, Inc. Bv: /s/ Kip Middleton PRINTED NAME: Kip Middleton TITLE: Vice President COMPLETE ADDRESS: Rink's Lease Service, Inc. P.O. Box 456 Levelland, Texas 79336 390 Regular City Council Meeting November 27, 2000 Page 391 The low bid is $245,529 from Rink's Lease Service Inc. of Levelland, Texas and is within the Annexation Water System Improvements budget amount. (29.) Resolution No. 2000-R0432/11ID #259-00/LR—Underwater Inspection and Cleaning Service (Water Treatment) —This project will provide annual underwater inspection and cleaning for the City of Lubbock's potable water storage reservoirs and tanks. Annual inspection of drinking water storage facilities is required by the Texas Natural Resource Conservation Commission (TNRCC). Acquiring underwater inspection and cleaning services will allow for tanks and reservoirs to remain in service for inspection and cleaning with no interruption of normal operations. RESOLUTION NO. 2000-RO432 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a letter of award for Underwater Inspection & Cleaning Services per Bid #259-00, by and between the City of Lubbock and U.S. Underwater Services, Inc. and related documents. Said letter of award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of November, 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, Contract Manager/Attorney A copy of the Letter of Award is filed with Resolution No. 2000-R0432. The low bid is $114,200 from U.S. Underwater Services, Inc. of Burleson, Texas and is within the Building Maintenance budget amount. (30.) Resolution No. 2000-R0433/1111) #263-00/LR—Traffic Signal Shaft and Arm Assemblies (Traffic Engineering) —This bid is for the purchase of traffic signal shafts and arm assemblies. These items are used to hold signal heads above roadways. The shafts and arms will be used to increase safety to the motoring public. These will be used on new and reconstructed signals at the following locations: Milwaukee and 34`' Street, Milwaukee and 19`' Street, 50' Street - Indiana to University, University and 98' Street, and Milwaukee and 4' Street. 391 Regular City Council Meeting November 27, 2000 Page 392 RESOLUTION NO. 2000-RO433 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a purchase order to furnish Traffic Signal Shafts & Arm Assemblies per Bid #263-00/LR, by and between. the City of Lubbock and Structural & Steel Products, Inc., and related documents. Said purchase order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Katie 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, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2000-R0433. The low bid is $65,230 from Structural and Steel Products, Inc. of Fort Worth, Texas and is within the Computer System Design, University and 98"', Traffic Signal New Location 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 they Mayor be authorized to execute all documents necessary for each transaction. The next item considered was Item 16. PUBLIC HEARINGS (31.) Ordinance No. 2000-00069 - ZONE CASE NO. 2461-B (6001 Slide Road): Hold a public hearing to consider request of Barry Leigh (for McDonald's) for a zoning change from C-2A to C-2A for a restaurant with an accessory passout window on a 1.01 acre portion of land out of the southwest corner of Tract A, Piedmont Addition, and to consider ordinance. 392 Regular City Council Meeting November 27, 2000 Page 393 ORDINANCE NO.2000-00069 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2461-13; A ZONING CHANGE FROM C-2A TO C-2A FOR A RESTAURANT WITH AN ACCESSORY PASSOUT WINDOW ZONING ON A 1.01 ACRE PORTION OF LAND OUT OF THE SOUTHWEST CORNER OF 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 11:30 a. m. Barry Leigh appeared on behalf of McDonald's. No one appeared in opposition. Mayor Sitton closed the hearing at 11:30 a. m. A case several months ago on this parcel specified a site plan that will not work for the proposed McDonalds restaurant. The request is essentially to amend (delete) the previous site plan. Adjacent land use: North — commercial South — commercial East — commercial West — commercial The proposal is consistent with the Comprehensive Land Use Plan. The new restaurant proposes to meet all setback and parking requirements of C-2A. With a proposed condition, there should be little additional effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following condition: No curb cuts shall be permitted on Slide Road or closer to Slide Road than existing curb returns on 61" Street. 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 McDougal to pass on first reading Ordinance No. 2000- 00069 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (32.) Ordinance No. 2000-00070 - ZONE CASE NO. 2411-D (south of 78th Street, east of Quaker Avenue and west of Orlando Avenue): Hold a public hearing to consider request of GRACO Real Estate Development for a zoning change from C-3 Specific Use, C-2 and R- 1 to GO and C-3 on an unplatted tract of land out of the southwest portion of Section 11, Block E-2, and to consider ordinance. 393 Regular City Council Meeting November 27, 2000 Page 394 ORDINANCE NO.2000-00070 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2411-D; A ZONING CHANGE FROM C-3 SPECIFIC USE, C-2 AND R-1 TO GO AND C-3 ZONING ON AN UNPLATTED TRACT OF LAND OUT OF THE SOUTHWEST PORTION OF SECTION 11, 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 11:31 a. m. Bobby Muzyka appeared on behalf of GRACO Real Estate. No one appeared in opposition. Mayor Sitton closed the hearing at 11:33 a. m. The zone case has two parts. The first is for a parcel on Quaker, north of the existing tire store, for a self-service tunnel -type car wash. The parcel is zoned C-2 at present. Second, the strip of land along 78' Street east to Orlando is proposed as Garden Office. Mr. Terry Grantham called in to withdraw a written opposition that is in back-up. Adjacent land uses: North — commercial South — commercial and professional offices East — of the commercial request is an office area, and east of the GO is a playa lake. West — of the commercial is Quaker with residential, and west of the GO area is the remaining C-2 parcel at 78t' and Quaker. The request is consistent with the Comprehensive Land Use Plan. The request is also consistent with zoning policies. The proposal should have no additional effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following condition: The car wash shall be constructed according to the site plan and with materials and style similar to the photos in Zone Case File 2411-D. 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- 00070 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (33.) Ordinance No. 2000-00071 - ZONE CASE NO. 2893 (southwest corner of 98th Street and Quaker Avenue): Hold a public hearing to consider request of Bernie Gradel, Jr., Hugo Reed and Associates (for Rice Properties, Larry Rice) for a zoning change from R-1 to C- 2A on a 0.918 acre unplatted parcel of land out of the northwest portion of Section 17, Block E-2, and to consider ordinance. MTIJ Regular City Council Meeting November 27, 2000 Page 395 ORDINANCE NO.2000-00071 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2893; A ZONING CHANGE FROM R-1 TO C-2A ZONING ON A 0.918 ACRE UNPLATTED PARCEL OF LAND OUT OF THE NORTHWEST PORTION 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 11:34 a. in. Terry Holden appeared on behalf of Hugo Reed and Associates. No one appeared in opposition. Mayor Sitton closed the hearing at 11:34 a. in. The proposed zoning is C-2A at the southwest corner of 98' Street and Quaker Avenue. Adjacent land uses: North — 98`" Street with a drainage feature on the northwest corner South — a nonconforming nursery East — undeveloped commercial West — undeveloped, transitional zoned property. The request is consistent with the Comprehensive Land Use Plan. With a proposed condition, the request is consistent with zoning policies. The proposed development should have no unanticipated effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following condition: The Planning and Zoning Commission shall review a site plan with proposed building elevations and construction materials prior to the issuance of a construction permit. 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 Patterson to pass on first reading Ordinance No. 2000- 00071 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (34.) Ordinance No. 2000-00072 - ZONE CASE NO. 2894 (1702-1708 33rd Street, northwest corner of 33rd Street and Avenue Q): Hold a public hearing to consider request of Shari Flynn (for Lubbock Housing Finance Corporation) for a zoning change from R-1 to GO for a professional office (Lubbock Housing Finance Corporation) on Lots 21-23, Block 9, O'Neall Terrace Addition, and to consider ordinance. 395 Regular City Council Meeting November 27, 2000 Page 396 ORDINANCE NO. 2000-00072 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2894; A ZONING CHANGE FROM R-1 TO GO ZONING ON LOTS 21-23, BLOCK 9, O'NEALL TERRACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:35 a. in. Ken Flynn appeared on behalf of Lubbock Housing Finance Corporation. No one appeared in opposition. Mayor Sitton closed the hearing at 11:42 a. m. The request would accommodate a professional office at the northwest corner of 33' and Avenue Q. Adjacent land uses: North — zoned residential, vacant South — zoned commercial, vacant East — Avenue Q and the LISD school facility West — zoned residential As a buffer district, the zone case for Garden Office is reasonably consistent with the Comprehensive Land Use Plan. The current plan notes the parcel as residential with no buffer of the neighborhood from Avenue Q. Primary consideration should be for the provision within the plan that recommended changes in zoning be acceptable to adjacent residents who have already made investments in the area. The president of Heart of Lubbock spoke in favor of the request. The proposed design of the building is intended to blend into the residential look of the area, similar to the offices of the High Plains Underground Water District to the north. The proposed site plan is consistent with zoning policies. The proposal should 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 Hernandez to pass on first reading Ordinance No. 2000- 00072 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (35.) Ordinance No. 2000-00073 - ZONE CASE NO. 2895 (south of 82nd Street and east of Milwaukee Avenue): Hold a public hearing to consider request of Ron Betenbough for a zoning change from T to C-3, A-2, A-2 (limited to a church), R-1 Specific Use (garden homes) and R-2 on a 211 acre unplatted tract of land out of the northwest portion of Section 28, Block AK, and to consider ordinance. 396 Regular City Council Meeting November 27, 2000 Page 397 ORDINANCE NO. 2000-00073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2895; A ZONING CHANGE FROM T TO C-3, A-2, A-2 (LIMITED TO A CHURCH), R-1 SPECIFIC USE (GARDEN HOMES) AND R-2 ZONING ON A 211 ACRE UNPLATTED TRACT OF LAND OUT OF THE NORTHWEST PORTION OF SECTION 28, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:45 a. in. Ron Betenbough appeared on behalf of zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:45 a. in. The proposal is a comprehensive zone case on a 211-acre tract south and west of 82°d and Milwaukee. Adjacent land uses: North — 82°d street, "T" zoning South — residential East — residential West — Milwaukee, vacant residential and a future commercial policy area The request is consistent with the Comprehensive Land Use Plan. The corner tract is proposed as C-3, the proposed Tract C as A-2, proposed lots 1-9 as R-2, the proposed Tract A as A-2 limited to church and church related, with the balance as R-1 Specific Use for garden homes. The request, with two proposed conditions, is consistent with zoning policies. This proposed subdivision will not impact the thoroughfare system in a manner greater than anticipated. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. On the corner C-3 tract, the Planning and Zoning Commission shall review a site plan with proposed building elevations and construction materials prior to issuance of construction permits. 2. The proposed Tract A shall be limited to church and church -related construction. 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- 00073 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 397 Regular City Council Meeting November 27, 2000 Page 398 BOARD APPOINTMENTS (36.) Consider one appointment to the Arts Alliance, Inc. Grants Review Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Leslie Cox to the Arts Alliance, Inc. Grants Review Committee. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. (37.) Consider two appointments to the Joint Airport Zoning Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Dudley Faver and Paul Johnson to the Joint Airport Zoning Board. Motion carried: 7 Yeas, 0 Nays. (38.) Consider one appointment to the Lubbock Emergency Communication District Board of Directors. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to reappoint Robert Massengale to the Lubbock Emergency Communication District Board of Directors. Motion carried: 7 Yeas, 0 Nays. (39.) Consider one appointment to the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Eddie Williams to the Planning and Zoning Commission. Motion carried: 7 Yeas, 0 Nays. 11:48 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 12:45 P.M. CITY COUNCIL RECONVENED Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to ratify the P2's as recommended by City Management. Motion carried: 4 Yeas, 0 Nays. 12:45 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Cooke adjourned the meeting with the majority of remaining Council present at adjournment: Mayor Pro Tern Cooke; Councilmember Hernandez; Councilmember Morrison; Councilmember Nelson. W NDY §fTTb IN NMrOR ATTEST: Kaythie Darnell, City Secretary U- Regular City Council Meeting November 27, 2000 Page 399 Read and approved this. day Of I J,1,4' -2000. ATTEST: Kayihie Da nell, City Secretary 399