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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/14/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 14, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of January, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, and Councilmember T. J. Patterson CITIZEN COMMENTS No one appeared for citizen comments. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager; City Secretary); pending or contemplated litigation (Police Department); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Environmental Inspection Services; Fire Department; Water Utilities). 7:33 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. (L) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager; City Secretary). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Police Department). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development and Services Board Public Transit Advisory Board (4.) 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 (Environmental Inspection Services; Fire Department; Water Utilities). 10:05 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Councilmember Marc McDougal was absent. Regular City Council Meeting January 14, 1999 Page 2 ( 5.) Presentation of the 1997-98 Comprehensive Annual Financial Report by Betsy Bucy, Director of Finance; 1997-98 audit by John Burdette of Robinson, Burdette, Martin & Cowan, L.L.P.; and 1997-98 annual investment report by Andy Burcham, Cash and Debt Manager. 10:52 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Marc McDougal (Councilmember McDougal returned to the meeting at 12:17 p. m. and was present for voting on Items No. 31, 42, 34, and 41A). Mayor Sitton called the meeting to order at 10:52 A. M. ( 6.) Reverend Elliott Lambert, Bethel AME Church, gave the invocation. ( 7.) Pledge of Allegiance was given in unison by those present in the City Council Chambers. Mayor Sitton recognized members of the media: Emily Jones of Channel 11, Kara Moorcroft of Channel 28, and Erica Goss of Channel 13, and welcomed them to the meeting. CITIZEN APPEARANCES ( 8.) Presentation of proclamation to Joan Irvin commemorating Martin Luther King, Jr. Week The memory of Dr. Martin Luther King, Jr. embodies the accomplishments and sacrifices that were made during the Civil Rights Era in American history. The teachings and messages of Dr. Martin Luther King, Jr. regarding pacifism and the rights of all mankind have been instrumental in shaping the Human Rights Movement throughout the world. This occasion commemorates the birth of this great and noble leader, and it is right and fitting that we pause and remember Dr. King's many accomplishments, contributions, and ideas. The 1999 theme of the Dr. Martin Luther King, Jr. Commemorative Council of Lubbock, Inc. is "I Believe I Can Fly" (Isaiah 40:31). This Proclamation was presented as Lubbock joins with cities and peoples throughout the world in celebrating the memory of Dr. Martin Luther King, Jr. on this special day. ( 9.) Presentation of a plaque to Mayor Sitton and a certificate to the Accounting Department for the Certificate of Achievement for Excellence in Financial Reporting awarded for the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1997. The City of Lubbock's Comprehensive Annual Financial Report (CAFR) was submitted to the Government Finance Officer's Association Certificate program, where it earned a Certificate of Achievement for Excellence in Financial Reporting (Certificate of Achievement). The FY 1997 CAFR earned the 14th annual award earned by the City of Lubbock 2 Regular City Council Meeting January 14, 1999 Page 3 for its financial report. The Certificate of Achievement is an award designed to recognize and encourage excellence in financial reporting by state and local governments. The attainment of a Certificate of Achievement represents a significant accomplishment for a government and its management. Charles Cox, the Treasurer of the Government Finance Officer's Association of Texas and Director of Finance for Farmer's Branch, Texas, presented the plaque to Mayor Sitton. Mayor Sitton then presented the award certificate to the Accounting Department. Mayor Sitton thanked Alex Scarborough and the members of The Commitment Committee for a flower arrangement and a letter sent to the Council regarding the annexation proceedings, and for the committee's assistance and input during the annexation process. CONSENT AGENDA (Items No. 10, 11, and 13 - 30) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (10.) Approval of the minutes of the Regular City Council Meetings of December 10, 1998 and December 16, 1998. (11.) Ordinance No. 10097 - Assessments for paving improvements on the 1997 Paving Assessment Program (third and final reading). ORDINANCE NO. 10097 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREETS AND/ALLEYS: EAST HARVARD STREET FROM ASH AVENUE TO BIRCH AVENUE; 82ND STREET FROM FRANKFORD AVENUE WEST TO THE CITY LIMITS; THE EAST -WEST, NORTH -SOUTH ALLEY BETWEEN 64TH DRIVE AND 66TH STREET FROM MEMPHIS AVENUE EAST TO 66TH STREET; THE NORTH -SOUTH ALLEY BETWEEN VICKSBURG AVENUE AND WAYNE AVENUE FROM 4TH STREET TO WHISPERWOOD BOULEVARD SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING FUNDS, (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). On August 27, 1998 the City Council conducted a public hearing to consider paving assessments for two streets and two alleys, and conducted the first of three readings required for the paving assessment ordinance. After the public hearing, the Council made the following decisions relative to the two streets and two alleys. A. Unit 2342-001: East Harvard Street from Ash Avenue to Birch Avenue. Pave this unit as indicated on the plans and assess the abutting property owners at the enhancement rate. 3 Regular City Council Meeting January 14, 1999 Page 4 B. Unit 2386-002: 82nd Street from Frankford Avenue west to the City Limits. Pave this unit as indicated on the plans and assess the abutting property owners at the enhancement rate. C. A-461-73: The east -west, north -south alley between 64th Drive and 66th Street from Memphis Avenue east to 66th Street. Pave this unit as indicated on the plans and assess the abutting property owners at the calculated rate (90% of the paving cost) if the majority of the owners will sign an agreement stating that they agree to pay an assessment rate equal to the calculated rate. The required agreement has been signed and returned by 83 % of the owners. D. A-461-74: The north -south alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Boulevard. Pave this unit as indicated on the plans and assess the abutting property owners at the calculated rate (90 % of the paving cost) if the majority of the owners will sign an agreement stating that they agree to pay an assessment rate equal to the calculated rate. The required agreement has been signed and returned by 86 % of the owners. Bids have been received by the City for constructing paving improvements on Harvard Street and the two alleys; Units 2342-001, A-461-73 and A-461-74. In consideration of the actual bid prices received, the assessment rates have been reduced from the calculated rate shown at the public hearing for the two alleys. The assessment rate for Harvard Street remains as shown at the public hearing since that rate is based on an independent appraisal. The assessment rate for 82nd Street, Unit 2386-002, remains as shown at the public hearing since it is a thoroughfare and past Councils have assessed thoroughfares at the enhancement rate. The 82nd Street project was designed, bid and is being constructed by the Texas Department of Transportation (TxDOT). The enhancement rates to be assessed against the abutting properties are less than the City's participation in the costs of the project. For the third reading, staff recommended the ordinance be considered for approval. The assessment rates for the two alleys should be reduced to the new calculated rate based on actual bid prices received. The assessment rates will be reduced from $16.70 per foot for Unit A-461-73 and $16.95 per foot for Unit A-461-74 to $15.84 per foot for the two alleys. The assessment rates for the two streets will remain as established by the City Council at the Public Hearing. At this meeting the Council considered a resolution authorizing the Mayor to sign the agreements returned by property owners for the two alleys. (12.) Ordinance No. 10125 - Authorizing private garbage haulers to provide residential garbage collection services for up to three (3) years in newly annexed areas (second and final reading). F1 Regular City Council Meeting January 14, 1999 Page 5 ORDINANCE NO. 10125 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITTING THE TEMPORARY COLLECTION OF RESIDENTIAL SOLID WASTE WITHIN NEWLY ANNEXED AREAS OF THE CITY OF LUBBOCK BY PRIVATE HAULERS; PROVIDING A MISDEMEANOR PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This item was moved from Consent to Regular Agenda and was considered following Item No. 30. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance No. 10125 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. The next item considered was Item No. 32. (13.) Ordinance No. 10126 - Zone Case No. 2406-C (South of 19th and East of Milwaukee): Request of Rodney Warren (for Sonic Drive In) for zoning change from C-3 to C-4 limited to a drive-in restaurant and all permitted C-3 uses (originally submitted and advertised as C- 4 Specific Use) on Tract A-2 and a portion of A-5, Milwaukee Place Addition (second and final reading). ORDINANCE NO. 10126 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2406-C; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-3 USES, ON TRACT A-2 AND A PORTION OF A-5, MILWAUKEE PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (14.) Ordinance No. 10127 - Zone Case No. 1750-G (66th Street and Loop 289): Request of G. Greenstreet, Inc. (for Alamosa P.C.S.) for zoning change from C-2/A with conditions to C-2 on Tracts A and B, Southwest Haven Addition (second and final reading). ORDINANCE NO. 10127 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1750-G; A ZONING CHANGE FROM C-2A WITH CONDITIONS TO C-2 ZONING ON TRACTS A AND B, SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 10128 - Zone Case No. 2832 (north of 82nd Street and east of Avenue U): Request of Hugo Reed and Associates (for Lubbock Land Company) for zoning change from R-1 to R-1 Specific Use on a portion of land out of Section 4, Block E (second and final reading). 61 Regular City Council Meeting January 14, 1999 Page 6 ORDINANCE NO. 10128 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2832; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON A PORTION OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 10129 - Zone Case No. 1893-V (north of 4th Street between Frankford and Milwaukee): Request of Hugo Reed and Associates (for Campus Park Student Housing) for zoning change from A-1 to A-2 for apartments on a portion of land out of Section 2, Block J-S (second and final reading). ORDINANCE NO. 10129 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-V; A ZONING CHANGE FROM A-1 TO A-2 ZONING, FOR APARTMENTS, ON A PORTION OF LAND OUT OF SECTION 2, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 10130 amending Article X of Chapter 2 of the Lubbock Code of Ordinances; amending Articles I and III and adding an Article IV to Chapter 19 of the Lubbock Code of Ordinances entitled "City Thoroughfare Beautification Ordinance," which defines street trees and park trees; authority over the planting, maintenance and removal of said plant material is relegated to the Parks and Recreation Manager (second and final reading). ORDINANCE NO. 10130 AN ORDINANCE AMENDING ARTICLE X OF CHAPTER 2 OF THE LUBBOCK CODE OF ORDINANCES; AMENDING ARTICLES I AND III AND ADDING AN ARTICLE IV TO CHAPTER 19 OF THE LUBBOCK CODE OF ORDINANCES ENTITLED "CITY THOROUGHFARE BEAUTIFICATION ORDINANCE" WHICH DEFINES STREET TREES AND PARK TREES; RELEGATES AUTHORITY OVER THE PLANTING, MAINTENANCE AND REMOVAL OF SAID PLANT MATERIAL TO THE PARKS AND RECREATION MANAGER; SPECIFIES RECOMMENDED AND PROHIBITED SPECIES OF STREET TREES TO BE PLANTED, THE DISTANCES AT WHICH THEY ARE TO BE PLANTED FROM EACH OTHER AND CONSTRUCTED ELEMENTS IN THE LANDSCAPE; PROVIDES FOR REVIEW AND IMPOSING A PENALTY FOR ALL ACTS IN VIOLATION OF THE ORDINANCE AS A MISDEMEANOR; PROVIDES A SAVINGS CLAUSE AND PROVIDES FOR PUBLICATION. (18.) Ordinance No. 10131 - An addition to the Pro Rata Ordinance establishing a program to waive pro rata charges in certain instances where there is a potential threat to the health of the public (second and final reading). C1 Regular City Council Meeting January 14, 1999 Page 7 ORDINANCE NO. 10131 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WAIVING PRO RATA CHARGES FOR CERTAIN CASES OF IMMINENT THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; PROVIDING A SAVINGS CLAUSE; AND PROVIDING PUBLICATION. (19.) Ordinance No. 10132 amending Chapter 19 of the Code of Ordinances of the City of Lubbock, Parks, Recreation and Related matters, Article I, in general, by adding Sections 19-5: Adopting Rules and Regulations of the Brazos River Authority for the Policing of Lake Alan Henry; Section 19-6: Establishing a Penalty for Violation of Regulations; and Section 19-7: Providing for the Filing of Complaints in Municipal Court for Violation of Regulations (first reading). ORDINANCE NO. 10132 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, PARKS, RECREATION AND RELATED MATTERS, ARTICLE I, IN GENERAL, BY ADDING SECTIONS: 19-5, ADOPTING RULES AND REGULATIONS OF THE BRAZOS RIVER AUTHORITY FOR THE POLICING OF LAKE ALAN HENRY; 19-6, ESTABLISHING A PENALTY FOR VIOLATION OF REGULATIONS; AND, 19-7, PROVIDING FOR THE FILING OF COMPLAINTS IN MUNICIPAL COURT FOR VIOLATION OF REGULATIONS. Pursuant to City Charter, the City of Lubbock may hold lands within or without the city limits. The Charter provides that the City has the power to police all parks, grounds, etc. owned by the City within or without the City limits. A home rule municipality may police areas owned by and located outside the municipality, including lakes and land contiguous to and used in connection with a lake. The governing body of a municipality with a park outside the municipal limits may fix and collect reasonable charges for use of the facilities by the public. Our Municipal Court has jurisdiction over cases arising outside the territorial limits of the city under ordinances authorized by the Local Government Code. Lake Alan Henry is located southeast of Lubbock, more than 25 miles outside of the City limits and primarily in Garza County. Portions of the property are in Kent County. The City nearest to the project is Post. The real property was acquired by the City for construction of a dam and lake with the purpose of providing the City with an additional supply of water. On application for permit to appropriate public water from the Brazos River, the City acquired the property and entered into a Water Supply Agreement with the Bravos River Authority. The City delegated to BRA all of its duties and obligations under a certain contract for construction of the project. Easements necessary for the construction were also granted to BRA. The agreement and easements are to terminate once bonds issued to finance the project are paid off. The City has now opened the property to public recreational use and charges a user fee. 7 Regular City Council Meeting January 14, 1999 Page 8 The BRA has entered into an operational agreement with the City (Water Supply Agreement). Pursuant to that agreement the Authority has adopted rules and regulations for governance of Lake Alan Henry. A copy of those rules and regulations was included in Council backup. A municipality may operate and supervise recreational facilities and programs. This ordinance adopted those regulations into the City Code, permitting citations for violations to be issued by the City of Lubbock and filed in Municipal Court. The City Attorney's Office recommended approval of this ordinance. (20.) Ordinance No. 10133 abandoning and closing a portion of an access, utility, and parking easement located in Tract E of the Sandlewood Addition to the City of Lubbock (7701 University) (first reading). ORDINANCE NO. 10133 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ACCESS, UTILITY, AND PARKING EASEMENT LOCATED IN THE SANDLEWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Recently, Gary Greenstreet purchased Tracts C, D, E, and the east portion of Tract A-1-13 of the Sandlewood Addition which is located at 77th and University Avenue (east side). Tract E is a 65-foot wide access, utility, and parking easement that serves as an access route to these other tracts of land. Mr. Greenstreet is planning to replat these tracts of land for duplexes and mini warehouses. In order to do this, the eastern 280 feet of Tract E will be closed and abandoned as an access, utility, and parking easement. This easement was dedicated to the City at no charge and additional right-of-way will be dedicated with the replat. The Right -of -Way Department recommended approval of the first reading of this ordinance. (21.) Resolution No. 6143 authorizing the Mayor to execute Amendment No. 2 to Contract No. 51905F-1004 with the Texas Department of Transportation (TxDOT) for operating assistance. RESOLUTION NO. 6143 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, Amendment #2 for the State Urban Public Transportation Grant Agreement, by and between the City of Lubbock and Texas Department of Transportation, and related documents. Said amendment 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 January 14, 1999 Page 9 Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox Director of Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of Amendment No. 2 is filed with Resolution No. 6143. TxDOT is allocating an additional amount of $4,361 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) bringing the total annual for FY 1998-99 in state operating assistance to $840,357. Amendment No. 2 to the original contract is effective October 1, 1998 to August 31, 1999. There is a good possibility that the City of Lubbock will receive additional funding from the State after January 1999. Acceptance of Amendment No. 2 will result in no additional cost to the City of Lubbock. Citibus staff recommended the approval of this resolution (22.) Resolution No. 6144 authorizing the Mayor to execute the necessary application documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL), with a new Technical Assistance Grant. RESOLUTION NO. 6144 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 application documents with the Texas State Library and Archives Commission to support West Texas Library System and Interlibrary Loan Grant Program with a new Technical Assistance Grant, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 9 Regular City Council Meeting January 14, 1999 Page 10 Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Application for State/Federal Assistance is filed with Resolution No. 6144. The West Texas State Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the -` service programs of the libraries that are members of the system. Also, the system encourages the establishment of public libraries in communities that do not have library service. At the end of the current state fiscal year (SFY98), 34 libraries qualified for membership. The Lubbock City -County Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1,1974. This is the 25th annual contract renewal. As the Major Resource Center, the Lubbock City -County Library also serves as the headquarters for the Interlibrary Loan Grant Program (ILL). The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. These two programs are fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library contracts with the City of Lubbock and Lubbock City -County Library for housing of staff and implementation of the service program components. The new Technical Assistance grant, if received, will be for approximately $52,516. The new grant will fund the hiring of a full- time Technical Advisor for this project. The responsibilities for this position will include providing training and technological assistance to all area libraries. The City of Lubbock will receive compensation of 9.03 % of direct charges to reimburse the cost of fiscal administration of 10 Regular City Council Meeting January 14, 1999 Page 11 the grant, and will have no responsibility or obligation in the event that funds are not appropriated or provided. Staff recommended that the Mayor be authorized to execute the necessary contract documents provided in the resolution document and associated documents with the Texas State Library. (23.) Resolution No. 6145 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the South Plains Regional Workforce Development Board and the Texas Workforce Commission from the Community Development Block Grant for Public Service. RESOLUTION NO. 6145 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents with the South Plains Regional Workforce Development Board and the Texas Workforce Commission - Child Care Services (Local Initiatives Project). Said contract is attached hereto, and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6145. Grantee: South Plains Regional Workforce Development Board Program: Local Initiative for Childcare Service Funding Source: 1998-99 Community Development Block Grant Use of Funds: This program provided by the South Plains Regional Workforce Development Board will provide child care fee assistance to low to moderate income families who are working toward self- sufficiency. This program is a major support service for welfare and food stamp recipients who are enrolled in training or are employed, but 11 Regular City Council Meeting January 14, 1999 Page 12 whose wages are inadequate to cover child-care costs. The program will be leveraged with State funds. This program will assist an estimated 137 families. Amount: $120,000 Match: 25 % Return of Investment: Not required for Public Service. Terms: October 1, 1998 through September 30, 1999 Comments: Funding for this contract was approved by City Council at the June 11, 1998 City Council meeting. The contact is available for review in the City Secretary's Office. Community Development recommended approval of this resolution authorizing the Mayor to execute this contract. (24.) Resolution No. 6146 authorizing the Mayor to sign agreements with property owners for the alley paving, Unit Number A-461-73 and Unit Number A-461-74 on the 1997 Paving Assessment Program. RESOLUTION NO. 6146 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 Agreements with local property owners wherein such owners voluntarily consent to an assessment against their property and the placement of a lien thereon in consideration for the property being included in the 1997 Paving Assessment Program, which agreements are attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D.Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney Copies of the Agreements are filed with Resolution No. 6146. 12 Regular City Council Meeting January 14, 1999 Page 13 At the August 27, 1998 public hearing for this paving assessment the Council decided to pave the referenced alleys and assess the calculated rate, if the majority of the abutting property owners would execute an agreement stating that they are willing to pay their share of the paving cost at the calculated rate. The calculated rate for the property owners is 90 % of the actual construction cost. Agreements were signed and returned by 83 % of the property owners for Unit Number A-461-73. Agreements were signed and returned by 86 % of the property owners for Unit Number A-461-74. Staff recommended approval of this resolution. (25.) Resolution No. 6147 authorizing acceptance of water and sanitary sewer improvements for Lots 107-136, Sunridge Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6147 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 107-136, SUNRIDGE ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 107-136, Sunridge 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 sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $ 45,288.41 with the improvements constructed by Utility Contractors of America having a value of $25,535.73 as determined by the unit prices established by said Chapter 28, and $19,751.98 cash paid to the City, which amount includes $19,241.98 cash for adjacent lines, with Excel Development Inc., the developer, to receive a refund of $12,010.17 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 sanitary sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $12,010.17 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. 13 Regular City Council Meeting January 14, 1999 Page 14 Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. 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 value of the improvements is $25,535.73 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. The developer, Excel Development, Inc., will receive a refund of $12,010.17 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at Joist Street and Winston Avenue. Staff recommended acceptance of the improvements. (26.) Resolution No. 6148 authorizing acceptance of water and sanitary sewer improvements for Lots 1-63, South Pointe Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6148 A RESOLUTION ACCEPTING WATER AND PO ANITARY SEWER SYSTEM IMPROVEMENT THRU N E ADDITION, TO HE CITY OF LUBBOCK, LUBBOCK COUNTY SOUTH POI to the WHEREAS, the developer of Lots 1 thru 63, South hhPoi toditiof Article City of Lubbock, Lubbock County, Texas, has complied provisions Chapter 28 of the Code of Ordinances of the and of Lubbock, in providing the water and sewer improvements for said Addition, ad with he WHEREAS, the total utility cost to the developer is America$ 5 8 having 9a value t of improvements constructed by Utility Contractors o $75,535.75 as determined by the unit prices established by ill cash for adjacent Chapter 28, and $20, 286.16 cash paid to the City, which amount include $1035 of lines, with Lubbock Land Company Five Ltd., the developerfOrdinances of the Citdy, of $23,022.98 in accordance with Chapter 28 of the Code o Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements as performed under the supervision of th;Water Utilities g1NOW THEREFORE: and completed in accordance with the City of Lubbock's pans and specification 14 Regular City Council Meeting January 14, 1999 Page 15 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 $23,022.98 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 City Council this 14th day of January, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice /s/ WINDY SITTON WINDY SITTON, MAYOR This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total value of the improvements is $75,535.75 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. The developer, Lubbock Land Company Five Ltd., will receive a refund of $23,022.98 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 76th Street and Avenue U. Staff recommended acceptance of the improvements. (27•) Accept submission of the Special Investigations Forfeited Fund Budget from the Police Department. Prior to the expenditure of forfeited funds, the Texas Code of Criminal Procedure requires a law enforcement agency to submit a budget for these funds to the governing body of that agency. The budget for the funds forfeited to the Lubbock Police Department and the South Plains Regional Narcotics Task Force is outlined in the document which was included in Council backup. Chief Ken Walker presented staff comments. 15 Regular City Council Meeting January 14, 1999 Page 16 The Lubbock Police Department recommended the Council accept submission of this budget. (28.) Minuted action by Council accepting the Comprehensive Annual Financial Report (CAFR) for fiscal year ending September 30, 1998. Pursuant to Ch. 1, Art. IX, Sec. 26 of the City Charter, the City Council shall cause an audit of the books of the City at least once a year. At the January 14, 1999 City Council work session, a presentation of the Comprehensive Annual Financial Report was made to the City Council. This action item is to document acceptance of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 1998 in the minutes of the City Council meeting. Staff recommended formal acceptance of the CAFR in the minutes of the January 14, 1999 City Council meeting. (29.) Bid #98249--Concrete, Annual Pricing (Street Department) This bid is for the purchase of concrete to be used by the street department crews to perform maintenance on paved and unpaved streets and alleys at various locations throughout the city. These products will be used throughout the year. Sufficient funds are available within the System Maintenance - Street budget and other department's operations/capital budgets to cover the City's cost of these items. The low bid is $544,217.50 from Transit Mix Concrete and Materials of Midland, Texas. Product will be purchased through the company's Lubbock location. (30.) Bid #98256--Medium Voltage Motor Controllers (Water Utilities) This bid is for the purchase of two motor controllers for the Water Utilities distribution system. The existing controllers have been in service since 1955 and have become unreliable. In-service failures have gradually increased over the last few years and finding repair parts is becoming increasingly difficult and quite costly. During periods of peak water consumption, it is crucial that all aspects of motor control be as reliable as possible. Therefore, in order to avoid a reduction in water pumping capabilities due to unreliable equipment, it is recommended that they be replaced at this time. By updating this equipment, the City of Lubbock will benefit through an increase in reliability, service, and reduction in maintenance costs for many years. The Water Utilities staff electricians will remove the existing controllers and install the new controllers. The Water Utilities Pumping System Rehabilitation Other Equipment budget amount is $80,000. The low bid is $56,520 from Lubbock Electric of Lubbock, Texas. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets. The next item considered was Item No. 12. Following Item No. 12, Item No. 32 was considered. 16 Regular City Council Meeting January 14, 1999 Page 17 REGULAR AGENDA ORDINANCES FOR PASSAGE (31.) Ordinance No. 10117 - Annexation of an area bounded by Upland Avenue, Brownfield Highway, Alcove Avenue, and 114th Street (second and final reading). ORDINANCE NO. 10117 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This item was considered following Item No. 48. Jim Bertram, Director of Strategic Planning, presented staff comments Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on second and final reading Ordinance No. 10117 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. The next item considered was Item No. 42. PUBLIC HEARINGS (32•) Reopen the public hearing on the needs assessment for the requested renewal of a cable television franchise held by Cox Communications, Inc. This item was considered following Item No. 12. Mayor Sitton reopened the public hearing at 11:17 a. in. Gordon Williamson, owner of a local software company, spoke (neither in favor nor opposed). Randy Wink, General Manager of Cox Communications, spoke in favor of the renewal. No one spoke in opposition. Mayor Sitton closed the hearing at 11:22 a. in. On November 21, 1996, the City Council held a public hearing to commence a public needs assessment for the requested renewal of a cable television franchise held by Cox Communications. Three people appeared on behalf of Cox and no one appeared in opposition. Because the franchise renewal process was just beginning, staff recommended that the public hearing be continued until a later date. Since then staff has solicited needs internally and from other governmental entities. These needs were considered in our negotiations with Cox. The formal hearing process is being concluded because the franchise holder has requested that its proposal be considered under the alternative informal renewal procedure provided by Sec. 546(h) of the federal Cable Communications Act. 17 Regular City Council Meeting January 14, 1999 Page 18 Staff recommended that the City Council reopen the public hearing, receive any citizen comments, and close the public hearing. No action is required on this item. CIVIC SERVICES (33.) Resolution No. 6149 approving recommendations from the Lubbock Arts Alliance, Inc. for the second of two grant periods for 1998-99. RESOLUTION NO. 6149 WHEREAS, the Lubbock Arts Alliance has presented its recommendations on the award of funds for the Arts Grants Program for the second grant period of 1998-99; and WHEREAS, the City Council of the City of Lubbock has reviewed the recommendations and hereby approves them for award; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the recommendations of the Lubbock Arts Alliance for the award of funds for the second grant period of 1998-99 are hereby accepted and approved. Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons Manager of Cultural Arts APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney On May 14, 1998, the Lubbock City Council approved an agreement to pay the Lubbock Arts Alliance, Inc. $117,179.11. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts. The funds represent 0.400 cent of the hotel/motel tax collected during the fiscal year ended September 30, 1997. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee follows guidelines that were approved as part of the May 14, 1998, agreement. The grants review committee, composed of appointments by City Council and representatives of the Lubbock Arts Alliance, evaluates applications and submits their recommendations to the City Council for approval. IN Regular City Council Meeting January 14, 1999 Page 19 The Lubbock City Council is now asked to approve $63,310 in grant awards for the second of two grant periods for 1998/99. Twenty-one applications were received on the December 1, 1998 deadline, and seventeen are recommended for full or partial funding. Enclosed in Council's agenda backup was a listing of the recommendations from the Lubbock Arts Alliance Grants Review Committee. Tommy Gonzalez, Director of Civic Services, presented staff comments. Tina Fuentes, Lubbock Arts Alliance Grants Review Committee, also presented comments. Lubbock Arts Alliance, Inc. recommended approval of the grant awards. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 6149 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item No. 36. WATER UTILITIES (34.) Resolution No. 6152 authorizing the Mayor to execute a land purchase agreement with Lubbock Christian University/Lubbock Christian College Investment Corporation for the Wilson Project/Hancock Land Application Site property. RESOLUTION NO. 6152 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 of Sale, by and between the City of Lubbock and Lubbock Christian University Investment Corporation and Lubbock Christian University, attached herewith, and any associated documents, which Contract 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 City Council this 14th day of January, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Natural Resources Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 19 Regular City Council Meeting January 14, 1999 Page 20 A copy of the Contract of Sale is filed with Resolution No. 6152. This item was considered following Item No. 42. Since the early 1980's, Lubbock Christian University ("University") has utilized treated effluent produced by the City of Lubbock for irrigation of non-food agricultural crops at the Hancock Land Application Site near the City of Wilson, Texas. This cooperative effort between Lubbock Christian University and the City of Lubbock has provided the University with an inexpensive source of irrigation water for its operations/research and has provided the City of Lubbock with an environmentally sound mechanism to dispose of treated effluent. The amount of treated effluent produced by the City has increased over the years and, consequently, the City requires additional disposal capacity. Lubbock Christian University has determined that it cannot utilize additional treated effluent at the Hancock Site without substantially reducing the University's income, which is based primarily on cotton production. The University has offered to sell the Hancock Site to the City of Lubbock thus allowing the City to continue utilizing the site for the disposal of treated effluent. A contract for the purchase of the Hancock Site has been negotiated and agreed upon by both parties. Councilmember Marc McDougal and Richard Casner, Assistant City Attorney, presented staff comments. Staff recommended that the Hancock Land Application Site be purchased for the purpose of effluent disposal. Motion was made by Councilmember McDougal, seconded by Councilmember Ince to pass Resolution No. 6152 with the additions to Section 9.02(b): add "and LCU" and "and LCU's" as follows: If Buyer is in default under this Contract, Seller and LCU, as Seller's and LCU's sole and exclusive remedy for the default.... Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. Individual council members expressed comments regarding this item, ending with Councilmember Ince, who called for the question: Councilmember Ince: "...And I will call for the question." Councilmember Hernandez: "No, let me reply to that." Mayor Sitton: "There is..." Councilmember Hernandez: "You've made an accusation." Mayor Sitton: "The question has been called. All in favor of the motion, signify by saying `Aye'." Mayor Sitton, Councilmembers Cooke, Ince, McDougal, Nelson, and Patterson: "Aye." Mayor Sitton: "All opposed. All opposed." Councilmember Hernandez: "Nay." Mayor Sitton: "Motion carries, 7-0." Councilmember Cooke: "6-1." 20 Regular City Council Meeting January 14, 1999 Page 21 Mayor Sitton: "We will... Pardon me?" Councilmember Hernandez: "It was 6-1." Mayor Sitton: "I didn't hear a Nay vote." Councilmember Patterson: "Was it 6-1?" Councilmember Hernandez: "6-1; I said Nay. I'll respond to that." Mayor Sitton: "Item No. 41. Consider an ordinance authorizing the issuance of... " Councilmember Hernandez: "I'm asking for recognition by the Chair." Councilmember Cooke: "41A." Councilmember Hernandez: "Parliamentarian, I need a ruling on this. You want to cut off debate, let's play by the rules." Anita Burgess: "I think, actually, the motion has been made and the motion has been passed on that particular item. Certainly, parliamentary rules would require a motion in order to cut off debate. But I do think the item has already been ruled upon at this point in time." Councilmember Hernandez: "Then, point of order. Point of order." Mayor Sitton: "I think we need to take up number, Item 41A, because... " Councilmember Hernandez: "I need a ruling from the parliamentarian on the point of order. " Anita Burgess: "What is your point of order?" Councilmember Hernandez: "That I have the right to speak and that I have a right to be recognized by the Chair whenever I so choose. I mean, T. J. Patterson went through this with David Langston, and we went through the rigamarole. The Chair cannot ignore a member of the Council. " Mayor Sitton: "Councilman Hernandez, you've had plenty of opportunity to speak." Councilmember Hernandez: "I have been accused of something, Mayor, and if Councilman Ince wants to make accusations and divulge what's going on in Executive Session, I say... " Mayor Sitton: "Item No. 41A." Councilmember Hernandez: "...then let's go ahead and divulge what's been going on in Executive Session. " Mayor Sitton: "We're going to take up Item No. 41A." Councilmember Hernandez: "I need a ruling from the parliamentarian." Mayor Sitton: "Consider a resolution declaring intention to reimburse expenditures for water and sewer system improvements with proceeds obtained from future bond issues." 21 Regular City Council Meeting January 14, 1999 Page 22 Councilmember Hernandez: "Madam Chair, point of order." At this point, Mayor Sitton called for a motion on Item No. 41A. The next item considered was Item No. 41A. (35.) Consider a resolution authorizing the Mayor to execute a contract with Enprotec, Inc. for provision of environmental site assessment services for the Wilson Project/Hancock Land Application Site property. This item was deleted. MISCELLANEOUS (36.) Resolution No. 6150 authorizing the Mayor to execute a contract with NTS Communications, Inc. for the City of Lubbock's long distance telephone service. RESOLUTION NO. 6150 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 long distance telephone service, by and between the City of Lubbock and NTS Communications, Inc., and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Information Technology 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. 6150. This item was considered following Item No. 33. The City of Lubbock uses approximately 27,000 minutes of in -office long distance and approximately 1,000 minutes of calling card usage per month. A High Technology RFP was released to procure long distance service. Five vendors responded, including MCI, Inc., WorldCom, NTS 22 Regular City Council Meeting January 14, 1999 Page 23 Communications, Inc., AT&T, and Tech Telephone Company. As set forth in the RFP, these proposals were evaluated based upon three factors: the ability to address the specifications, vendor qualifications and support staff, and total proposed cost. Since proposed pricing was based upon Interstate, Intrastate and IntraLata costing, the average number of each type of minutes was used to calculate the proposed monthly cost. Of the five, Tech Telephone was the lowest cost at $1, 842. The number two vendor in price was NTS Communications, Inc. at $2,370. Tech Telephone, a new service provider in the area of long distance, received a rating of 80 % in meeting the functional specifications as outlined in the RFP and 50% in vendor qualifications. NTS received a rating of 95 % for meeting the functional specifications and a 90 % for vendor qualifications. The detail ratings for each vendor can be found in the spreadsheet included in Council backup. Sharlett Chowning, Manager of Information Technology, presented staff comments. The staff recommended approval of this contract with NTS Communications, Inc. due to the overall ranking including demonstration of historical performance. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 6150 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (37.) Ordinance No. 10134 of the City of Lubbock relating to the establishment of a procedure for granting of franchises for cable systems and the regulation of such systems and amending the Lubbock Code of Ordinances (first reading). ORDINANCE NO. 10134 AN ORDINANCE OF THE CITY OF LUBBOCK RELATING, TO THE ESTABLISHMENT OF A PROCEDURE FOR GRANTING OF FRANCHISES FOR CABLE SYSTEMS AND THE REGULATION OF SUCH SYSTEMS AND AMENDING THE LUBBOCK CODE OF ORDINANCES; PROVIDING A REPEAL PROVISION; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. Changes in Federal law, recent court decisions and the requested renewal of Cox Communications' cable franchise prompted staff to review the regulations by which the City of Lubbock grants and administers cable franchises. First Assistant City Attorney Don Vandiver is very knowledgeable on franchise matters, having handled the City's franchises for over twenty years. Don also consulted with Georgia N. Crump of Lloyd, Gosselink, Fowler, Blevins & Mathews, P.C. of Austin, Texas, an attorney specializing in franchise matters. Most of the changes were not substantive but merely to conform it to the current technical language of the industry, since it was 15 years old. The few substantive changes to the ordinance: 23 Regular City Council Meeting January 14, 1999 Page 24 • Clarified the definition of gross receipts • Reduced the cable franchise application fee to match the telecom franchise application fee ($6,000 to $5,000) • Provided that an existing cable company serving a newly annexed area is not required to serve the entire city so long as their system does not extend outside the annexed area • Decreased the aerial and underground drop requirement from 150 feet to 100 feet • Increased cable complaint service to 24 hours per day, seven days per week • Raised the franchise fees from three percent to five percent, consistent with most Texas cities Richard Burdine, Assistant City Manager, presented staff comments. Staff recommended City Council approval of the proposed ordinance on first reading. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10134 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (38.) Ordinance No. 10135 granting the right, privilege and franchise to CoSery to conduct a telecommunications business within the boundaries of the City of Lubbock (first reading). ORDINANCE NO. 10135 AN ORDINANCE OF THE CITY OF LUBBOCK RELATING, TO THE ESTABLISHMENT OF A PROCEDURE FOR GRANTING OF FRANCHISES FOR CABLE SYSTEMS AND THE REGULATION OF SUCH SYSTEMS AND AMENDING THE LUBBOCK CODE OF ORDINANCES; PROVIDING A REPEAL PROVISION; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. The City of Lubbock may grant telecommunications franchises on a non- exclusive basis. Such franchise grants a business the right to place their facilities within public rights -of -way and easements. The franchisee pays the City rent based on their number of residential and commercial connections. CoServ, L.L.C. has made application (copy included in Council backup) and paid the appropriate application fee for a telecommunications franchise. Stanley Austin of CoSery will be available to represent the request. Richard Burdine, Assistant City Manager, presented staff comments. Stanley Austin, Manager-CLEC Operations of CoSery West, also presented comments. Staff recommended City Council approval of the franchise ordinance on first reading. ov, Regular City Council Meeting January 14, 1999 Page 25 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 10135 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. FINANCIAL SERVICES (39.) Ordinance No. 10136 authorizing the issuance of "City of Lubbock, Texas Electric Light and Power System Revenue Refunding and Improvement Bonds, Series 1999" in the amount of $14,990,000, and all related documents (first reading). ORDINANCE NO. 10136 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 1999"; prescribing the forms, terms, and provisions of said bonds; pledging the net revenues of the City's Electric Light and Power System to the payment of the principal of and interest on said bonds; enacting provisions incident and related to the issuance, payment, security, sale and delivery of said bonds, including the approval and distribution of an Official Statement pertaining thereto and the approval and execution of a Paying Agent/Registrar Agreement, a Purchase Contract and a Special Escrow Agreement; and providing an effective date. On October 22, 1998, City Council heard a work session briefing on a proposed issuance of LP&L revenue bonds to fund an intertie, a utility billing system, and electric system improvements. On December 10, 1998, City Council approved resolutions authorizing Notices of Intent and Notices of Sale with respect to the LP&L revenue bonds, in an amount not to exceed $14,990,000. This ordinance is to authorize the issuance of the $14,990,000 in LP&L Revenue Bonds, of which $8,860,000 represents a new borrowing and $6,130,000 represents an advance refunding of old debt that is expected to yield a total savings of $400,000 over the life of the bond issue. This bond issuance will not require City Council to raise rates for the repayment of funds. Betsy Bucy, Director of Finance, and Debra Forte, First Assistant City Manager, presented staff comments. Staff recommended passage of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10136 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (40.) Ordinance No. 10137 authorizing the issuance of "City of Lubbock, Texas General Obligation Refunding Bonds, Series 1999" for $18,785,000 (first reading). 25 Regular City Council Meeting January 14, 1999 Page 26 ORDINANCE NO. 10137 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 1999"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement, a Purchase Contract and a Special Escrow Agreement and the approval and distribution of an Official Statement; and providing an effective date. Background/Discussion and Summary/Recommendation for this item are included in Item No. 41. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10137 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 10138 authorizing the issuance of "City of Lubbock, Texas Tax and Waterworks System Subordinate Lien Revenue Certificates of Obligation, Series 1999" in an amount not to exceed $15,355,000 (first reading). ORDINANCE NO. 10138 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. On October 22, 1998, City Council heard a work session briefing on a proposed issuance of water and sewer system certificates of obligation to fund water and sewer system improvement needs arising from annexation, sewer system digester repair, Southwest Lubbock system main improvements, and related issuance costs. On December 10, 1998, City Council approved resolutions authorizing Notices of Intent and Notices of Sale with respect to the Certificates of Obligation, in an amount not to exceed $15,355,000. This ordinance is to authorize the issuance of $33,710,000 in general obligation debt, of which $15,355,000 in certificates of obligation represents a new borrowing, and $18,375,000 in general obligation refunding bonds represents an advance refunding of old debt that is expected to yield a total savings of approximately $500,000 over the life of the bond issue. This bond issuance will not require City Council to raise rates for the repayment of funds. Staff recommended passage of this ordinance. 26 Regular City Council Meeting January 14, 1999 Page 27 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10138 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Hernandez voted Nay. The next items considered were Items No. 43 through 48. (41A.) Resolution No. 6153 declaring intention to reimburse expenditures for water and sewer system improvements with proceeds obtained from future bond issues. RESOLUTION NO. 6153 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock ("Issuer") intends to issued debt for water system improvements, and sewer system improvements in and for said City ("Projects") and further intends to make certain capital expenditures with respect to the Projects and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treasury Regulation Sec. 1.150.2 ("Regulation"), in order to fund such reimbursement with proceeds of tax exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax exempt obligations; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with the proceeds of debt hereafter to be incurred by the Issuer, and that this Resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $29,700,000.00. Date: January 14, 1999. 27 Regular City Council Meeting January 14, 1999 Page 28 Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This item was considered following Item No. 34. There are currently several bond -financing needs for water and sewer system improvements. The estimated needs include: $23,600,000 Phase II of the North Panhandle Project $ 6,060,000 Hancock Land Application Site City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are not expected to be delivered until early summer 1999. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $29,700,000. Betsy Bucy, Director of Finance, and Debra Forth, First Assistant City Manager, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 6153 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (42.) Resolution No. 6151 changing the City of Lubbock 1998-99 Budget for municipal purposes to change the number of positions in two Civil Service Classifications within the Fire Department. Regular City Council Meeting January 14, 1999 Page 29 RESOLUTION NO. 6151 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, Section 7-34 of the Lubbock Code of Ordinance, requires that the number of positions in each classification be shown by the annual budget of the City; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes in keeping with the City Council's directive to insure that all resources are allocated in a fiscally responsible manner to insure maximum services delivery to the citizens of Lubbock; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make changes to the City of Lubbock Budget for municipal purposes as follows: Within the Fire Department change the number of positions in two (2) Civil Services Classifications. Increase by six (6) the number of fire equipment operator positions and decrease by the same amount, six (6), the number of fire fighters positions. SECTION 2. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. Passed by City Council this 14th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice This item was considered following Item No. 31. Q Regular City Council Meeting January 14, 1999 Page 30 In order to provide immediate availability of fire protection as part of the Southwest Lubbock Annexation, a shift in staffing is required in Fire Suppression. This change will authorize six additional fire equipment operator positions to facilitate staff for tankers that will be used for fire suppression in the newly annexed area. This change will also decrease the number of authorized fire fighter positions by six, so total head count at this time will remain the same. When a new fire station is constructed for the southwest area, additional personnel and appropriate level of funding will be added at that time to fully staff the new fire station. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass Resolution No. 6151 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item No. 34. BOARD APPOINTMENTS These items were considered following Item No. 41. (43.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Carmen Vig6 to the Appointments Advisory Board. Motion carried: 6 Yeas, 0 Nays. (44.) Consider one appointment to the Building Board of Appeals. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Gary Greenstreet to the Building Board of Appeals. Motion carried: 6 Yeas, 0 Nays. (45.) Consider three appointments to the Board of Electrical Examiners. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Tom Lewis, William O'neal and Robert Pearson to the Board of Electrical Examiners. Motion carried: 6 Yeas, 0 Nays. (46.) Consider one appointment to the Complete Count Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Dr. Yung-Mei Tsai to the Complete Count Committee. Motion carried: 6 Yeas, 0 Nays. (47.) Consider one appointment to the Library Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Lucy Gutierrez to the Library Board. Motion carried: 6 Yeas, 0 Nays. (48.) Consider two appointments to the Permit and License Appeal Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Alvin Chatman and Dr. Thomas Tenner to the Permit and License Appeal Board. Motion carried: 6 Yeas, 0 Nays. Regular City Council Meeting January 14, 1999 Page 31 12:00 NOON COUNCIL RECESSED 12:17 P.M. COUNCIL RECONVENED Councilmember McDougal was present when Council reconvened. The next items considered were Items No. 31, 42, 34, and 41A. 1:19 P. M. COUNCIL RECESSED 2:21 P. M. COUNCIL RECONVENED 2:21 P. M. COUNCIL ADJOURNED A There being no further business to come before Council, Councilmember McDougal made a motion to adjourn; Councilmember Nelson seconded the motion. Motion carried: 3 Yeas, 0 Nays. Mayor Sitton and Councilmembers McDougal and Nelson were present when council adjourned. Darnell, City Secretary Read and approved this //M day of Qbn&r , 1999. WIND T N, MAYO ATTEST: Kayt e Darnel!, City Secretary 31