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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/28/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 28, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of January, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, 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); pending or contemplated litigation (Environmental Inspection Services); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Police Department). 7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. Councilmember Hernandez was not present for Item No. 3, Boards and Commissions, which was the last item considered. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 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 (Environmental Inspection Services). (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: Culture and Arts Commission Electric Utility Board Board of Electrical Examiners Board of Health Parks and Recreation Board Zoning Board of Adjustment This was the last item considered. (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 (Fire Department; Police Department). Regular City Council Meeting January 28, 1999 Page 34 9:33 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Absent: Councilmember Victor Hernandez (5.) Presentation of the City of Lubbock Popular Annual Financial Report by Betsy Bucy, Director of Finance. (6.) Presentation of the City's debt position and recent bond rating results by Betsy Bucy, Director of Finance. 10:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem. Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney Absent: Councilmember Victor Hernandez and Kaythie Darnell, City Secretary Mayor Sitton called the meeting to order at 10:35 A. M. ( 7.) Reverend Julie Wilkinson, Unity in Christ Church, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Carmen Vige Board of Electrical Examiners Receiving: Tom Lewis William O'neal Robert Pearson Complete Count Committee Receiving: Dr. Yung-Mei Tsai (unable to attend) Library Board Receiving: Lucy Gutierrez CITIZEN APPEARANCES ( 8A.) Presentation of a Special Recognition to South Plains Tech Prep and School -to -Careers Partnership in recognition of National Groundhog Job Shadow Day. The Mayor presented this Special Recognition declaring February 2, 1999 as "Groundhog Job Shadow Day" to the South Plains Tech Prep and School -To -Careers Partnership. Groundhog Job Shadow Day is a day dedicated to giving young people across the nation the chance to shadow a workplace mentor as they go through a normal day on the job. This will provide students with an up -close look at how the skills they learn in school are put in action in the workplace. Approximately 700 high school juniors will be participating in the event this year. Jill 4E Regular City Council Meeting January 28, 1999 Page 35 Berset, Director of the South Plains Tech Prep and School -To -Careers Partnership, and Jerry Stevens, Lubbock Chamber of Commerce President, accepted this Special Recognition. Mayor Sitton requested that this item be placed on the agenda. ( 9.) Presentation of the American City & County Crown Community Award to Mayor Windy Sitton by Police Chief Ken Walker. -- Lubbock has been selected as one of ten Crown Communities by American City & County magazine. The magazine, which was founded in 1909, selects Crown Communities based on unique projects that provide both short and long-term value to the community. The project that won Lubbock the Crown Community designation is the Career Criminal Card, an innovative program that provides police officers with a card similar to a trading card for all of the city's career criminals. Each Career Criminal Card contains a photo of the offender, his or her name, aliases, gang affiliations, driver's license or social security number, address, car make and model and the crimes the person is suspect in. This listing of crimes makes it more difficult for the suspect to lie about his or her past history. Of the first 34 Career Criminals that were identified and had cards issued on them, 24 are now in jail. As a result of using the cards, two career criminals have been sentenced to life and one received 99 years. Several others have received lesser sentences and some are still awaiting trial. Lubbock and the other nine winners were featured in the December issue of American City & County, which has a circulation of approximately 75,000. The magazine's subscription base is primarily professionals in all areas of government, including water, transportation, public safety, public works and management. Chief Walker recognized Sgt. Keith Woodard and Lt. Randy McGuire of the Lubbock Police Department; Sandy Glass of the Public Information Office; Bill Sowder, Criminal District Attorney; and Trey Hill, Assistant District Attorney, for their work in implementing the Career Criminal Card project. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. CONSENT AGENDA (Items No. 10 - 24 and 26 - 42) Motion was made by Councilmember Patterson, seconded by Councilmember McDougal 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 Meeting of January 14, 1999. 35 Regular City Council Meeting January 28, 1999 Page 36 (11.) 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 Section 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 (second and final 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. (12.) 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) (second and final 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. (13.) 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 (second and final 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. (14.) Ordinance No. 10135 - Granting the right, privilege and franchise to CoSery to conduct a telecommunications business within the boundaries of the City of Lubbock (second and final reading). Ml Regular City Council Meeting January 28, 1999 Page 37 ORDINANCE NO. 10135 AN ORDINANCE GRANTING TO COSERV, L.L.C., A TEXAS LIMITED LIABILITY COMPANY, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK A CABLE SYSTEM; AND PROVIDING THEREIN FOR DEFINITIONS; SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES; INSURANCE; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES; PUBLICATION; AN EFFECTIVE DATE; AND A SAVINGS CLAUSE. (15.) Resolution No. 6154 authorizing the Mayor to execute a contract with Canada Life Assurance Company to December 31, 1999 to provide short term disability insurance. RESOLUTION NO. 6154 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 by and between the City of Lubbock and the Canada Life Assurance Company, to provide services for Short Term Disability Insurance, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Administrative Agreement is filed with Resolution No. 6154. Background/discussion and summary/recommendation for this item are included in Item No. 15A. (15A.) Resolution No. 6155 authorizing the Mayor to execute a contract with Canada Life Assurance Company to December 31, 1999 to provide long term disability insurance. 37 Regular City Council Meeting January 28, 1999 Page 38 RESOLUTION NO. 6155 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 by and between the City of Lubbock and the Canada Life Assurance Company, to provide services for Long Term Disability Insurance, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6155. Canada Life provides disability insurance for all full-time City employees at an annual cost of approximately $200,000. Employees have the option to purchase an enhanced long-term disability benefit that reduces the waiting period for income. A Request for Proposals was announced for Short -Term and Long -Term Disability Insurance. Six responses were received and reviewed by a committee consisting of members from the Benefits Education Committee. The committee determined that, based on cost and level of benefits, the contract should be awarded to Canada Life Assurance Company, Dallas Group Office, 5420 LBJ Freeway, Suite 1440, Dallas, Texas 75240. The only comparable response provided an equivalent employer paid plan, but increased the employee paid plan by 342 % . Canada Life agreed to reduce the rate paid by the City for Long -Term Disability from $0.33 per $100 of payroll to $0.31 per $100 of payroll, which is an approximate saving of $11,500 annually. Canada Life also increased the employee paid benefit to pay 66-2/3 % of gross salary from 60% of gross salary. The contract will be for a one-year period ending December 31, 1999, with two one-year renewal options. Because the Exhibit A to both contracts is very lengthy, staff did not include this in Council's agenda backup. However, it is available for Council review, if desired. Regular City Council Meeting January 28, 1999 Page 39 Staff concurred with the employee committee and recommended extending Canada Life contracts to provide Short -Term Disability and Long -Term Disability Insurance. (16.) Resolution No. 6156 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 Catholic Family Services, Inc. from the Community Service Block Grant. RESOLUTION NO. 6156 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 Catholic Family Services for the Self - Sufficiency 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 28th day of January, 1999. 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 /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract is filed with Resolution No. 6156. Grantee: Catholic Family Services Pro ram: Self-sufficiency promoting people out of poverty Funding Source: 1999 Community Service Block Grant Use of Funds: These funds will be used to provide assistance to become self-sufficient. Assistance includes education, training, daycare, and other needs to allow individuals to obtain the skills needed to transition out of poverty. Amount: $159,664 Terms: January 1, 1999 through December 31, 1999. Also allows for a one-year extension if both parties agree, and funding is available from the CSBG grant. 39 Regular City Council Meeting January 28, 1999 Page 40 Comments: As recommended by the Community Development Services Board, funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. Community Development staff recommended the approval of this resolution authorizing the Mayor to execute this contract. (17.) Resolution No. 6157 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 Contact Lubbock, Inc. from the Community Service Block Grant. RESOLUTION NO. 6157 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 Contact Lubbock Information and Referral Services. 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 28th day of January, 1999. Is/ 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 Contract is filed with Resolution No. 6157. Grantee: Contact Lubbock Pro ram: Information and Referral Funding Source: 1999 Community Service Block Grant Use of Funds: These funds will be used to provide a telephone referral line for people needing assistance, as well as the red book for other agencies to use as a guide. Amount: $50,000 .o Regular City Council Meeting January 28, 1999 Page 41 Terms: January 1, 1999 through December 31, 1999. Also allows for a one-year extension if both parties agree, and funding is available from the CSBG grant. Comments: As recommended by the Community Development Services Board, funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. Community Development staff recommended the approval of this resolution authorizing the Mayor to execute this contract. (18.) Resolution No. 6158 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 ACTEEN from the Community Service Block Grant. RESOLUTION NO. 6158 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 ACTEEN. 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 28th 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 Contract is filed with Resolution No. 6158. Grantee: ACTEEN Program: Education on peer pressure and other problems faced by youth. Funding Source: 1999 Community Service Block Grant Use of Funds: These funds will be used to pay for a director and supplies to go to schools and provide education on current topics by using students to act out different scenarios. 41 Regular City Council Meeting January 28, 1999 Page 42 Amount: $29,900 Terms: January 1, 1999 through December 31, 1999. Also allows for a one-year extension if both parties agree, and funding is available from the CSBG grant. Comments: As recommended by the Community Development Services Board, funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. Community Development staff recommended the approval of this resolution authorizing the Mayor to execute this contract. (19.) Resolution No. 6159 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the Lubbock Boys and Girls Club from the Community Service Block Grant. RESOLUTION NO. 6159 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 Lubbock Boys and Girls Club Pick up a Kid 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 28th 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 Contract is filed with Resolution No. 6159. Grantee: Lubbock Boys and Girls Club Program: Transportation from designated locations, take individuals to the Club, and home if parents could not pick them up. Funding Source: 1999 Community Service Block Grant 42 Regular City Council Meeting January 28, 1999 Page 43 Use of Funds: Transportation from a designated locations, take individuals to the Club, and home if parents could not pick them up. This program is targeting the Harwell, Manhattan Heights, and some Housing Authority locations. This allows the children an opportunity for a safe recreational, as well as an educational program while waiting for parents to come home. Amount: $18,073 Terms: January 1, 1999 through December 31, 1999. Also allows for a one-year extension if both parties agree, and funding is available from the CSBG grant. Comments: As recommended by the Community Development Services Board, funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. Community Development staff recommended the approval of this resolution authorizing the Mayor to execute this contract. (20.) Resolution No. 6160 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the Lubbock Economic Advancement and Development Corporation from the Community Service Block Grant. RESOLUTION NO. 6160 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 Lubbock Economic Advancement & Development Corporation (LEAD) Youth Enhancement Program. 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 28th day of January, 1999. 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 /s/ WINDY SITTON WINDY SITTON, MAYOR 43 Regular City Council Meeting January 28, 1999 Page 44 A copy of the Contract is filed with Resolution No. 6160. Grantee: Lubbock Economic Advancement and Development Corporation (LEAD) Program: Prevention of student dropouts by offering support activities to an alternative school. Funding Source: 1999 Community Service Block Grant Use of Funds: To recruit youth at risk of dropping out of school and give alternative school. Also provide activities such as mentoring, behavior modification, leadership training, and cultural enrichment. Amount: $31,293 Terms: January 1, 1999 through December 31, 1999. Also allows for a one-year extension if both parties agree, and funding is available from the CSBG grant. Comments: As recommended by the Community Development Services Board, funding for this contract was approved by City Council at the November 19, 1998 City Council meeting. Community Development staff recommended the approval of this resolution authorizing the Mayor to execute this contract. (21.) Resolution No. 6161 authorizing the Mayor to approve a contract of sale and Quit Claim Deed between the City of Lubbock and Joe McWilliams for Lots 22, 23, and 24, Block 6, C. D. Elliston Addition to the City of Lubbock (918 Zenith Avenue, Fire Station #5). RESOLUTION NO. 6161 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 Joe McWilliams, 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. .d Regular City Council Meeting January 28, 1999 Page 45 Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Natural Resources Attorney Copies of the Contract and Quitclaim Deed are filed with Resolution No. 6161. This fire station at 918 Zenith was put up for bid in early January and Callie M. Howard was the high bidder at $32,215. However, her bid recited a down payment of $24,000 with the City to carry an interest free note for the remaining balance of $8,215 for two years. After reviewing this with our legal department, they ruled this bid invalid since the bid document stated that the purchase price shall be payable in cash or other immediate funds at the closing date. The second highest bidder was Joe McWilliams who bid $25,150. This resolution authorizes the Mayor to execute a sales contract and Quit Claim Deed for this property with Mr. McWilliams. The City received four bids for this property. The Right of Way Department recommended the approval of this sales contract and Quit Claim Deed. (22•) Resolution No. 6162 authorizing the Mayor to execute a lease agreement with Westridge Investments for a Water Utilities stack lot (SWC 83rd Street and Wausau Avenue). RESOLUTION NO. 6162 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 lease agreement for a tract of land to be used as a stack lot for water utilities pipe and related materials, by and between the City of Lubbock and Westridge Investments, a Texas General Partnership 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. 45 Regular City Council Meeting January 28, 1999 Page 46 Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR rIaIM11-9 /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 6162. Due to the annexation in southwest Lubbock, the City's Water Utilities Department is planning to start installing water lines in this area immediately. They have already ordered the pipe and need a stack lot in the area of 82nd Street and Upland Avenue. George MacMahan and James Ruthardt, partners in Westridge Investments, have agreed to lease the City a site measuring 350 feet by 350 feet at the southwest corner of 83rd Street and Wausau Avenue. This lease will be for one year with two 6-month option periods for a total of two years. They have agreed to lease the City this tract of land for $1,000 per year. The City will fence this property and stack material and equipment within the secured area. The Right -of -Way Department recommended the approval of this lease. (23.) Resolution No. 6163 authorizing the Mayor to execute a lease agreement with Lubbock Christian University for a solid waste recycling center (2002 Elmwood Avenue). RESOLUTION NO. 6163 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 lease agreement for a tract of land to be used as a solid waste recycling center, by and between the City of Lubbock and Lubbock Christian University, and related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 11 Regular City Council Meeting January 28, 1999 Page 47 Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 6163. The City is installing solid waste recycle centers in different areas of Lubbock. This will be used for citizens to bring their recyclables such as newspapers and plastic items to be recycled. Staff has inspected several sites in West Lubbock, with some landowners wanting as much as $1,600 per month for a 100-foot x 200-foot site. Elmwood Avenue south of 19th Street runs along the west side of Greenlawn Church of Christ and on the east side of Arby's Restaurant. It is a full -width street for about 480 feet and then is a half width street for about 350 feet. The City plans to use this half -width, 32-foot street area along with a 70-foot wide area that LCU owns for a 100-foot by 200-foot recycle site. This lease agreement will be for $150 per month for five years with two five- year options beginning February 1, 1999. The City will fence and landscape this site. If for some reason LCU decides to develop or sell the area the City is leasing, the City has six months to remove its recycling center. The Right -of -Way Department recommended the approval of this lease. (24•) Resolution No. 6164 accepting paving improvements constructed by Midwest Concrete, Inc. in Summerfield Addition, Tract E. RESOLUTION NO. 6164 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract "E", Summerfield Addition, made arrangements with Midwest Concrete Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 47 Regular City Council Meeting January 28, 1999 Page 48 The West side of University Avenue from 17.5 feet South of the South line of Tract E, Summerfield Addition to the North line of said Tract E, Summerfield Addition including off street drainage channel improvements; known and designated as New Subdivision Sub -Unit Numbers 35 and 36 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kathie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D.Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: is/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting a new subdivision. These improvements consist of street paving as well as curb and gutter and a drainage channel on: West side of University Avenue from 17.5 feet south of the south line of Tract E to the north line of Tract E, Summerfield Addition; and Off street drainage channel along the south line of Tract E, Summerfield Addition. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. Regular City Council Meeting January 28, 1999 Page 49 (25.) Consider a resolution authorizing the Mayor to sign a resolution urging the Texas Legislature to increase appropriations for road and bridge maintenance and expansion. This item was deleted. (26.) Resolution No. 6165 authorizing and directing the Mayor to designate $223,000 of the Urban Renewal Land Sale Income as HOME Match to further promote affordable housing. RESOLUTION NO. 6165 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 designate for and on behalf of the City of Lubbock, Two Hundred Twenty Three Thousand and N0/100 dollars ($223,000.00) of the Urban Renewal Land Sale Income as HOME Match to further promote affordable housing and all related documents. Passed by City Council this 28th day of January, 1999. 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 /s/ WINDY SITTON WINDY SITTON, MAYOR On July 21, 1998, the Urban Renewal Board approved the sale of the vacant property in the 1300 Block of 4th Street between Avenue L and Avenue M in the Memorial Center Urban Renewal Area to TxDOT for right-of-way for the proposed East/West Freeway. The City Council approved the sale on August 13, 1998. The closing on the property took place on December 17, 1998. This request is to designate this land sale income as cash HOME match to further promote affordable housing. Designating these funds as HOME match would help prevent the Community Development Department from requesting funds from the City's General Fund to leverage the federal dollars of the HOME Entitlement Program. Each year the City is required to match the HOME Entitlement funds received from the Department of Housing and Urban Development. The yearly allocation is approximately $1,000,000. The match is currently 12.5% of the allocation, less 10% administrative funds. Thus, an average of $900,000 must be matched (12.5% x $900,000 = $112,500 . • Regular City Council Meeting January 28, 1999 Page 50 average per year). It is important to note that the City has qualified for a 50% discount of the match requirement over the past six years. However, the discount could end in the future and then a 25 % match would be required. By designating this as match, there will be enough match to expend the current year's funds with some remaining to go towards the 1999-2000 HOME funding allocation. On January 19, 1999, the Urban Renewal Board of Commissioners voted to designate this land sale income as cash HOME match. Community Development staff recommended City Council approval. (27.) Resolution No. 6166 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and the Town of Limon, Colorado. RESOLUTION NO. 6166 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 Interstate Cooperative Agreement by and between the City of Lubbock, Texas and Town of Limon, Colorado 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. Passed by City Council this 28th 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 Interstate Cooperative Agreement is filed with Resolution No. 6166. The City of Lubbock is working on completing a trade corridor coalition along the Ports -to -Plains route. All cities and counties along I-27 have joined this coalition and now others north of Amarillo are joining in the effort to improve transportation along this corridor. The Town of Limon, Colorado brings the total of cities and counties to 16. There are over 14 other communities that will consider joining the coalition's efforts. These agreements will be presented to the City Council in a future Council meeting. 50 Regular City Council Meeting January 28, 1999 Page 51 By entering into this agreement with the City of Lubbock, the Town of Limon has agreed to pay their proportional share to the Ports -to -Plains initiative. These funds will be utilized to further the corridor's efforts. The City of Lubbock, on behalf of the Ports -to -Plains coalition, is currently working with the Texas Department of Transportation to secure federal corridor and border crossing funds. These funds were made available as a result of the new re -authorization of ISTEA now known as Transportation Equity Act for the 21 st Century or TEA 21. Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and the Town of Limon, Colorado. (28.) Resolution No. 6167 authorizing the Mayor to execute a subcontract agreement with South Plains Emergency Medical Services/RAC as part of a contract with the Texas Department of Transportation (TxDOT) for a Safe Communities Program. RESOLUTION NO. 6167 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 receive funds to develop new programs, enhance existing programs and increase public awareness of the opportunities available at Safety City, by and between the City of Lubbock and South Plains Emergency Medical Services, Inc./RAC 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 28th day of January, 1999. 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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Subcontract Agreement is filed with Resolution No. 6167. This agreement provides funding not to exceed $16,000 for Safety City as part of the South Plains Safe Communities Coalition (of which the City of Lubbock was a founding member and Jere Hart, the City Traffic Engineer, is the Vice -Chair) grant from TxDOT. This grant will allow 51 Regular City Council Meeting January 28, 1999 Page 52 purchase of two additional miniature vehicles and repairs to the 16 existing miniature cars. It will also provide matching funding for additional part-time staff for instruction and training of children. South Plains Emergency Medical Services/RAC is the lead agency in the South Plains Safe Communities Coalition. The Parks and Recreation Department and the Traffic Engineering Department recommended approval of this resolution and subcontract agreement. (29.) Resolution No. 6168 authorizing the Mayor to execute a contract with Control Software Inc. for Fleet Management Software. RESOLUTION NO. 6168 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 fleet management software, by and between the City of Lubbock and Control Software 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 28th 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 Software License Agreement is filed with Resolution No. 6168. As a part of the ongoing effort to improve fleet maintenance operations, the Fleet Services Department is proposing to purchase a new Fleet Management Software package to replace an outdated and extremely inefficient software that is currently used for fleet operations. The new software package being proposed will greatly improve the ability to produce effective management reports and better monitor fleet operations and related costs as well as enhance productivity. This system will aid the Fleet Services Department in vehicle maintenance tracking, warranty tracking, and Capital Vehicle Replacement budgeting and forecasting. In addition, the new system will provide the department the ability to show total cost per mile per vehicle. 52 Regular City Council Meeting January 28, 1999 Page 53 Key provisions of the contract include: • Cost of software, license fees/interfaces and conversions: $134,000. • Fee payment schedule stages in three phases based on completion of major milestones. • Annual maintenance fee bases on 18 % of current license fees — with no increase the first four years after initial maintenance term. • Optional maintenance shall have term of 12 months and will automatically renew each year. • Fifteen days of on -site training at no cost to City Of Lubbock. • All fees, travel expense and accommodations for two years to annual CSI User Group Conference. Staff recommended approval. (30.) Resolution No. 6169 authorizing the Mayor to execute an application for the transfer or conveyance of Building No. 76, including parking and furnishings, Reese Air Force Base, to the City of Lubbock for law enforcement purposes, to -wit: for use as a facility for the Lubbock Police Academy. RESOLUTION NO. 6169 WHEREAS, the Lubbock Police Department must aggressively recruit and train to fill vacancies in the Lubbock Police Department in order to maintain the functions of the Department; and WHEREAS, the Lubbock Police Department is in need of an improved police academy facility for the training of police recruits and for in-service training; and WHEREAS, with the closure of Reese Air Force Base, a building that can provide space for an expanded and improved policy academy has become available; and WHEREAS, the purpose of the Federal Surplus Real Property Transfer Program is to transfer or convey to local governments, at no cost, surplus real and related personal property which is determined by the U. S. Attorney General to be required for law enforcement use; and WHEREAS, it is determined that expansion of the Lubbock Police Academy would be beneficial to the efficient operation of the Lubbock Policy Department and the health, safety and welfare of the citizens of the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 53 Regular City Council Meeting January 28, 1999 Page 54 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 application for the transfer or conveyance of surplus real and related personal property located at Reese Air Force Base, Building Number 76, Davis Drive, Lubbock County, Texas, to be used as a police academy for the training of recruits and for in-service training and related uses. A copy of the Federal Surplus Property Transfer Program Application 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 the Resolution as if fully copied herein. Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney Copies of the Application for Transfer and Lease are filed with Resolution No. 6169. The Lubbock Police Department (LPD) must aggressively recruit and train to fill vacancies in order to maintain the functions of the Department. The LPD is in need of a larger, expanded facility for the academy to facilitate recruitment and training, as well as for in-service training. The federal government has implemented a Federal Surplus Real Property Transfer program, the purpose of which is to transfer or convey to local governments, at no cost, surplus real and related personal property which is determined by the U.S. Attorney General to be required for law enforcement use. Use by the LPD Academy will qualify as a law enforcement use. With the closure of Reese Air Force Base, a suitable building that can provide space for an expanded and improved police academy has become available. The Lubbock Reese Redevelopment Authority and the Discretionary Grants, Program Division, Bureau of Justice Assistance have indicated support for this proposal. Staff recommended approval. (31.) Resolution No. 6170 authorizing the Mayor to execute an application for a grant under the Department of Transportation Federal Transit Act, as amended, to provide capital, operating, and technical studies assistance. 54 Regular City Council Meeting January 28, 1999 Page 55 RESOLUTION NO. 6170 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 application for a grant, under the Department of Transportation, Federal Transit Act, as amended to provide for capital projects for the period October 1, 1998 through March 31, 2000 and operating assistance for the period beginning October 1, 1998, and technical studies for the period October 1, 1998 through September 30, 1999, which shall be spread upon the minutes to 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 28th day of January, 1999. 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Grant Application is filed with Resolution No. 6170. AUTHORIZING RESOLUTION Resolution No. 6170 Resolution authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Federal Transit Act, as amended: WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation program of projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of the project costs in the program; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provision of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, as amended, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and 55 Regular City Council Meeting January 28, 1999 Page 56 WHEREAS, it is the goal of the applicant that minority business enterprises be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have the maximum opportunity to bid upon construction contracts, supplies, equipment contracts, or consultant or other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, ON THIS 28TH DAY OF JANUARY, 1999, AS FOLLOWS: 1. That the Mayor is authorized to execute and file an application on behalf of the CITY OF LUBBOCK, TEXAS, with the U.S. Department of Transportation to provide aid in the financing of capital projects for the period of October 1, 1998 through March 31, 2000, and operating assistance for the period beginning October 1, 1998, and technical studies for the period of October 1, 1998 through September 30, 1999, pursuant to Section 5307 of the Federal Transit Act, as amended. 2. That the MAYOR is authorized to execute and file with such application an assurance of any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the GENERAL MANAGER OF CITY TRANSIT MANAGEMENT COMPANY, INC., is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the program of projects. 4. That the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the program of project's procurement needs. 5. That the MAYOR is authorized to set forth and execute grant agreements on behalf of the CITY OF LUBBOCK, TEXAS, with the U.S. Department of Transportation for aid in financing and planning, capital, and/or operating assistance program of projects. 6. That the RESOLUTION shall take effect immediately upon its adoption. Passed by City Council this 28th 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney 56 Regular City Council Meeting January 28, 1999 Page 57 The City of Lubbock's share of the Citibus budget for FY 1998-99, which includes capital, operating, and technical studies, is 11 %, or $879,200 as approved by City Council. The rest of the Citibus budget is made up of operating revenues ($1,918,900), state operating assistance ($840,387), and federal funding ($4,367,043), which completes the remaining 89 % of the budget. The total of these funds pays for the administration of the grant, as well as the operating costs of the Citibus system. The reason this grant has been delayed in coming before the City Council is the Texas Department of Transportation (TxDOT) did not allow final approval until last November when the amount of the grant was reduced by $645,144. Citibus reduced the number of buses in this grant, and has been assured by TxDOT that the City of Lubbock will be eligible for the funds when a discretionary Federal Grant Program is released later this year. Approval of this grant is needed to continue Citibus' current quality of operations for fiscal year 1999. Assistance with technical studies for fiscal year 1999 is also present in this grant. In order to provide the same quality of service to its passengers at the most equitable cost, Citibus must continue to replace outdated and worn-out equipment; therefore, capital assistance is included in this grant. The technical studies portion of the grant ($80,000) is required in order to do the planning necessary to maintain eligibility for capital and operating assistance. This portion is also 80% federally funded ($64,000) and 20% locally funded ($16,000). The capital portion of the grant ($2,559,070) is 80% federally funded ($2,047,256) and 20% locally funded ($511,814). The capital funding will consist of the following: the purchase of two expansion vans and two replacement vans for the Demand Response Service, as required by the Americans with Disabilities Act (ADA); the purchase of five replacement buses for the fixed route service: spare parts and preventive capital maintenance items which include engines, transmissions, tires, and other main components; various pieces of maintenance, administration, and operations equipment which includes tools and computers, and other ADA Paratransit capital assistance expenses. The operating assistance portion is estimated at $3,543,500, of which $1,540,000 will be provided by FTA Section 5307 funds, $166,200 by the City of Lubbock, $889,900 by TxDOT, and $947,400 by non- farebox revenues. The total City share anticipated for fiscal year 1998-99 is $879,200 (as approved by the City Council). Of this amount, $166,200 is operating assistance, $697,000 is capital, and $16,000 is planning. Acceptance of this grant will result in no additional cost to the City of Lubbock. Citibus recommended the approval of this grant application. (32.) Resolution No. 6171/RFP #98240--Collection, Transportation and Disposal of Household Hazardous Waste (Environmental Inspection Services) 57 Regular City Council Meeting January 28, 1999 Page 58 RESOLUTION NO. 6171 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 Household Hazardous Waste Collection by and between the City of Lubbock and Envirosolve, Southwest, 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 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison, Environmental Services Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with Resolution No. 6171. This contract is for the collection, transportation and disposal of household hazardous waste. Household hazardous waste includes items such as swimming pool chemicals, cleaning products, paints, and pesticides. This program will provide the citizens of Lubbock a safe and legal means of disposing of household hazardous waste during the Household Hazardous Waste Collection Day. This one -day event will be held on April 17, 1999 and will be limited to City of Lubbock residents. This program was approved in the FY 1998-99 budget with costs shared between Solid Waste ($20,000), Water Utilities ($20,000), and Storm Water Utilities ($20,000). A selection committee evaluated proposals based on Background and Experience (40%), Technical Proposal (40%), and Cost (20%). Proposals were ranked as follows: Envirosolve Southwest, Inc. of Tulsa, OK 8.1 MSE Environmental of Camarillo, CA 7.5 Safety Kleen, Inc. of LaPorte, TX 5.2 Waste Control Specialists of Pasadena, TX 3.6 The Household Hazardous Waste - Capital Outlay budget amount is $60,000. The contract amount is $54,875. Staff recommended that a contract be awarded to Envirosolve Southwest, Inc. of Tulsa, Oklahoma. W. Regular City Council Meeting January 28, 1999 Page 59 (33.) Bid #98258--Distribution Transformers, Annual Pricing (Electric Distribution) This bid establishes annual pricing for the purchase of pole type and pad mounted distribution transformers. These transformers are electrical devices that transform electricity from one voltage level down to another (i.e., from 12,700 Volts to 120 Volts). The transformers are of different capacities from 10kVA to 1500kVA and different types and secondary voltages to suit customer requirements. This equipment will be installed in the City's distribution system to maintain existing electrical service and to serve new customers. The tabsheet enclosed in Council backup lists the bids for each item in order of increasing evaluated cost. However, figures with an asterisk are within three percent of the lowest evaluated cost and are, therefore, considered equal. In such cases, these items are listed in order of price. The bid evaluation ranked each transformer based on a 20-year life -cycle cost using industry standards. Bids that are within three percent of the lowest evaluated cost are considered equal and are ranked according to price. The Lubbock Power & Light -Distribution Transformers budget amount is $600,000. Bids with the lowest 20-year life -cycle cost are from the following companies: Central Maloney, Inc. of Pine Bluff, AR $173,107 Techline, Inc. of Amarillo, TX 137,910 WESCO Distribution, Inc. of Amarillo, TX 87,909 Temple Inc. of Lubbock, TX 55,363 Delta-Y Electric Co., Inc. of Jackson, MO 30,160 Cummins Utility Supply of Amarillo, TX 1,932 (34.) Bid #98265--Substation Circuit Breakers (Electric Production) This bid is for the purchase of high voltage circuit breakers for protection of lines and equipment installed in the new Plains Coop Oil Mill substation. The substation is being constructed to meet increased loads requirements at the oil mill as well as provide increased service reliability to the City of Lubbock Southeast Wastewater Treatment Plant. The Plains Co-op Substation System Capital Outlay budget amount is $350,000. The low bids were from the following companies: Siemens Power Transmission and $290,400 Distribution of Jackson, MS Temple, Inc. of Lubbock, TX 43,934 (35.) Bid #98272--LED Traffic Signal Lamp Units (Traffic Engineering) This bid is for the purchase of red traffic signal lamps for installation in all city -owned traffic signals in southeast Lubbock (east of Indiana Avenue and south of 34th Street). This is the second year of a four-year red traffic light installation project. The purpose of the project is to increase efficiency of traffic lights within the city. The cost of the project will be offset by savings created in both decreased energy consumption and reduced labor costs for lamp replacement. The Traffic Operations budget amount is $50,000. The low bid is $42,240 from Consolidated Traffic Controls, Inc. of Arlington, Texas. 59 Regular City Council Meeting January 28, 1999 Page 60 (36.) Bid #98275--Foundation Pier Drilling (Electric Distribution) This bid is for foundation pier drilling for construction of several high voltage transmission line projects. These projects will require the excavation of large diameter concrete piers for the support of steel transmission poles. In some cases, the piers may exceed ten feet in diameter and 30 feet in depth. LP&L does not own excavating equipment large enough to drill the holes needed for construction of these large piers. After holes are drilled, LP&L crews will install reinforcing steel and pour the concrete necessary to construct the foundation. Bids were requested for drilling services on an annual as -needed basis. Known quantities for current projects plus estimated quantities for future projects were shown in the bid request. Services were requested on an as -needed basis so holes could be drilled as line construction progressed rather than having all holes drilled at once on a particular project. This method eliminates the difficulties, costs and hazards associated with having to protect and barricade an open 30-foot deep hole while crews are pouring adjacent foundations. Due to the high cost and specialized nature of the drilling equipment needed to produce these large diameter holes, the number of available contractors is very limited. The Overhead Distribution -System Capital Outlay budget amount is $45,000. The low bid is $37,295 from Precision Drilling Construction Company, Inc. of Lubbock, Texas. (37.) Bid #98276--Off-Road Equipment and Trailers (Fleet Services) This bid is for the replacement of miscellaneous equipment and trailers within the City's fleet. The new pieces of equipment will replace existing equipment within the regular replacement cycle. The Equipment - Capital Outlay budget amount is $299,100. The low bids are from the following companies: West Texas Equipment, The Rental Store of Midland, TX $15,072 Associated Supply Company of Lubbock, TX 25 ,720 189 Yellowhouse Machinery of Lubbock, TX Commercial Body Corp. of San Antonio, TX 73115 Bee Equipment of Lubbock, TX 5,90 J & B Trailers Equip. Inc. of Lubbock, TX 1,46,55 Laser Technology of Englewood, CO (38.) Bid #98277--Light Duty Trucks (Fleet Services) This bid is for the replacement of miscellaneous light duty trucks within the City's fleet. The new pieces of equipment will replace existing equipment within the regular replacement cycle. The Equipment - Capital Outlay budget amount is $300,980. The low bids are from the following companies: Scoggin-Dickey Chevrolet -Buick- $85,732.30 Geo of Lubbock, TX Shamrock Chevrolet of Lubbock, TX 94,062.00 Roberts Truck Center of Lubbock, TX 84,229.95 Regular City Council Meeting January 28, 1999 Page 61 (39.) Bid #98279--Soft Drink Concession Products, Annual Pricing (Parks and Recreation) This bid is for soft drink rights for concessions run by the Parks and Recreation Department at Berl Huffman Softball Complex, and City of Lubbock swimming pools. Rights to pour at these locations include rental of post -mix machines, post -mix product, pre -mix product, sport drinks, bottled water, 20-ounce soft drink bottles, cups, and carbon dioxide. The successful bidder is also responsible for supplying portable trailers for special events and at alternate event locations. The Outdoor Recreation -Concession Supplies budget amount is $30,000. This is a one-year contract with an option to renew annually. The low bid for the three-year contract is $26,922.90 from Southwest Coca-Cola Bottling Co., Inc. of Lubbock, Texas. (40.) Resolution No. 6172/Bid #98293--Annexation Water System Improvements, Phases 1, 2 and 3 (Water Utilities) RESOLUTION NO. 6172 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 install and furnish all materials and services as bid for the Annexation Water System Improvements - Phase 1, 2 & 3, between the City of Lubbock and Rink's Lease Service, Inc., of Levelland, Texas, and all related documents. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 28th day of January, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR M Regular City Council Meeting January 28, 1999 Page 62 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of January, 1999, 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 #98293 - ANNEXATION OF WATER SYSTEM IMPROVEMENTS - PHASE 1, 2 AND 3 - $780,016.05 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. 62 Regular City Council Meeting January 28, 1999 Page 63 ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Rink's Lease Service, Inc. By: /s/ Kip Middleton PRINTED NAME: Kip Middleton TITLE: Vice President COMPLETE ADDRESS: Rink's Lease Service, Inc. P. O. Box 456 Levelland, Texas 79336 This public works contract includes the installation of the water system for the developed portions of the recently annexed area. The water system will provide water service for fire protection to the area bounded approximately by 58th Street on the north; one half mile west of Upland Avenue on the west; the existing city limits on the east; 98th Street on the south; and Lakeview Addition on South Indiana Avenue. The water system is designed to place every structure within the recognized subdivisions within 1000 feet of a fire hydrant. The project involves the installation of over 137,800 feet of pipe, more than 300 valves in sizes from six to 16 inches, and approximately 137 fire hydrants. The materials for this project were purchased as a result of a previous bid. The Annexation Water System Improvements budget amount is $1,900,000. The low bid is $780,016.05 from Rink's Lease Service, Inc. of Levelland, Texas. Rink's Lease Service has been in business since 1988 and installs 300 to 400 miles of pipe annually. Recent municipal experience includes water supply and sewer system extensions and improvements for 16 West Texas municipalities. Reference checks for this company were requested from their customers as well as engineering firms with whom they have worked. All references spoke highly of Rink's Lease Service and the work they have performed. (41.) Bid #98294--Discount Pricing for Haworth Office Systems (Facilities Management) This bid is for annual discount pricing for the purchase of Haworth Office Systems. The Haworth Office System is used throughout City of Lubbock facilities and is not compatible with any other office system currently available. The source of funding will come from the individual departments requesting particular office systems. 63 Regular City Council Meeting January 28, 1999 Page 64 The discounts from DFI Contract Design, Inc. of Odessa, Texas are as follows: Orders less than $25,000 55 % Orders more than $25,000 58% (42.) Resolution No. 6173/Bid #98300--McCullough Park Restroom Facility (Park Development) RESOLUTION NO. 6173 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 install and furnish all materials and services as bid for the McCullough Park Restroom Facility, between the City of Lubbock and Lubbock Building Services, of Lubbock, Texas, and all related documents. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of January, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Regular City Council Meeting January 28, 1999 Page 65 BID #98300 - McCULLOUGH PARK RESTROOM FACILITY - $56,700.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. P. O. Box 65600-194 Lubbock, Texas 79464-5600 This public works contract is for the construction of restrooms at McCullough Park. The project was put on hold in 1996 pending the Parks Master Plan. Restrooms of the same design as those constructed in Mackenzie, Hodges, and Clapp Parks will be constructed. The McCullough Park Restroom Facility -System Capital Outlay budget amount is $61,400. The low bid is $56,700 from Lubbock Building Services of Lubbock, Texas. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. 65 Regular City Council Meeting January 28, 1999 Page 66 REGULAR AGENDA ORDINANCES FOR PASSAGE (43.) 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 (second and final 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 Vince Viaille, Financial Advisor from First Southwest Company, presented comments. Staff recommended passage of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10136 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (44.) Ordinance No. 10137 - Authorizing the issuance of "City of Lubbock, Texas General Obligation Refunding Bonds, Series 1999" for $18,785,000 (second and final reading). 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. Regular City Council Meeting January 28, 1999 Page 67 Background/discussion and summary/recommendation for this item are included in Item No. 45. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10137 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (45.) 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 (second and final 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 authorizes the issuance of $34,140,000 in general obligation debt, of which $15,335,000 in certificates of obligation represents a new borrowing, and $18,785,000 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. Betsy Bucy, Director of Finance, and Vince Veal, Financial Advisor from First Southwest Company, presented comments. Staff recommended passage of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10138 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC HEARINGS (46.) Ordinance No. 10139/Zone Case No. 2833 (106 FM 2641): Request of Bradley Waldrip (for Titan Towers L.P.) for zoning change from R-1 to R-1 Specific Use for a 140 foot communications tower on 0.7 acres of land out of Lot 8, Teal Addition (first reading). 67 Regular City Council Meeting January 28, 1999 Page 68 ORDINANCE NO. 10139 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2833; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON 0.7 ACRES OF LAND OUT OF LOT 8, TEAL ADDITION (106 FM 2641), LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. m. Bradley Waldrip appeared on behalf of Titan Towers L.P. No one appeared in opposition. Mayor Sitton closed the hearing at 11:12 a. m. The proposal is for a 140-foot cellular tower north of Regis, approximately across the highway from the entrance to the County Line Restaurant. No towers exist in the vicinity and the operator has two users under contract. Adjacent land uses: North - vacant and residential South - vacant East - vacant West - vacant As Specific Use, the Comprehensive Plan does not have a definitive policy. The primary objective for the public hearing/zoning policy discussion is the compatibility of the project from the perspective of the adjacent property owners. No responses were made by mail and no one appeared at the Planning Commission hearing. The proposal should have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Ince to pass on a lr edr 6 YeasOrdinance No. 10139 as recommended by staff. Motion (47.) Ordinance No. 10140/Zone Case No. 2834 (alley south of 3rd Place uest of Hugo to 98th Street between Avenue U and Avenue X): 9 Reed and Associates (for Craft Development Use (foration) for a reduced front change from R-1 and R-2 to R-1 Sp setback) on a portion of land out of Section 9, Block E on Lots 1 through 193, Oak Terrace Addition (first reading). ORDINANCE NO. 10140 AN ORDINANCE AMENDING ZONING ORDINANCE TH . 7084 FOLLOWING THE OFFICIAL MAP OF THE CITY OF LUBBOCK CHANGES: ZONE CASE NO. 2834; A ZONING ONGE O OF SECTION 9, TO R-1 SPECIFIC USE ZONING ON A PORTIONF LAND O BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Regular City Council Meeting January 28, 1999 Page 69 Mayor Sitton opened the public hearing at 11:16 a. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Craft Development Corporation. No one appeared in opposition. Mayor Sitton closed the hearing at 11:18 a. in. The request is Specific Use to allow a 20-foot front yard versus the standard 25 feet. Adjacent land uses: North - residential South - 98th Street/vacant East - residential estates West - residential The request is consistent with the Comprehensive Land Use Plan. The request is similar to a number of previous cases where the five-foot reduction of the front yard allows a larger back yard. The lots within this zone change on 94th Street have been approved at 20 feet by the Zoning Board of Adjustment. Since the developer requested to finish the balance of the subdivision with the 20-foot front, the staff asked that this block be included although the homes on that street already are constructed. That existing block should provide an answer to the adjacent owners expressing concern that property values in the area might be affected by the proposal. In fact (note in the map backup), that south of 95th is being rezoned to R-1 from R-2, which would have provided for duplex construction. Reversion of this area to R-1 should have a beneficial effect on property values in the area. The proposal should have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. Setback shall be twenty feet along streets. 2. Setback for cul-de-sacs shall be as illustrated on the site plan (five feet), except that front facing garage portions of structures shall not have less than twenty feet of setback. The staff supported the recommendation of the Planning and Zoning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10140 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. WATER UTILITIES (48.) Resolution No. 6174 authorizing the Mayor to execute an agreement between the Canadian River Municipal Water Authority and the City of Lubbock for the prepayment of obligations incurred in connection with the construction of the Canadian River Project. :• Regular City Council Meeting January 28, 1999 Page 70 RESOLUTION NO. 6174 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the Canadian River Municipal Water Authority for the prepayment of obligations incurred in connection with the construction of the Canadian River Project, attached hereto, and any associated documents, which Agreement 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 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 6174. Prepayment of the original Canadian River Project repayment obligation was authorized by an Act of Congress dated October 30, 1998, Public Law No. 105-316, the Canadian River Project Prepayment Act. This Act authorizes the Secretary of the Interior to accept prepayment of the original Canadian River Project debt to the United States Bureau of Reclamation (USBR) at a discounted net present value amount. Upon payment of the debt the Canadian River Municipal Water Authority (CRMWA) will obtain title to the land and improvements comprising the pipeline and related facilities of the Canadian River Project. Transfer of title will remove the requirement for USBR permission to utilize the pipeline and related facilities with the Conjunctive Use Groundwater Supply Project (North Panhandle Alternate Water Supply Project) and allow this project to proceed. This requirement has caused this project to be delayed for several months. This prepayment agreement provides for the funding of the City of Lubbock's share of the costs of prepayment of the Canadian River Project. This prepayment obligation based on the discounted net present value amount will be substituted for the original payment obligation for the Canadian River Project. 70 Regular City Council Meeting January 28, 1999 Page 71 The Act provides for the retirement of debt by a payment of a lump sum within 270 days of the Act. By taking into account current interest rates and accumulated funds on hand, the City of Lubbock can expect to refund approximately $20 million in debt at 2.62% with $12,400,000 at approximately 5.25%. The refinancing is expected to reduce annual payments of $1,351,000 to $998,000, for a total savings over the remaining 18-year life of the debt of approximately $6.4 million. _ The City of Lubbock had the option of either participating with member cities on a debt issuance by Canadian River Municipal Water Authority or issuing City of Lubbock debt. Issuing City of Lubbock debt provides a lower overall interest cost than issuing debt under Canadian River Municipal Water Authority. In order to participate, the City of Lubbock will be issuing $12,400,000 in Tax and Water Works System Certificates of Obligation. The City Council will be asked to consider passage of a resolution to initiate this process on February 11, 1999. This contract is an agreement between the City of Lubbock and CRMWA to participate in the refunding opportunity by issuing City of Lubbock debt. The prepayment agreement, as proposed, would serve to reduce Lubbock's debt obligation for the Canadian River Project by $6.4 million over the next 18 years and would allow the Conjunctive Use Groundwater Supply Project to proceed after being delayed for several months. In view of these considerations, staff recommended approval of this item. Betsy Bucy, Director of Finance, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 6174 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS (49.) Ordinance No. 10141 granting to CoxCom, Inc., a subsidiary of Cox Communications, Inc., doing business in Lubbock as Cox Communications West Texas, the right, privilege and franchise to conduct within the boundaries of the City of Lubbock a cable system (first reading). ORDINANCE NO. 10141 AN ORDINANCE GRANTING TO COXCOM, INC., A SUBSIDIARY OF COX COMMUNICATIONS, INC., DOING BUSINESS IN LUBBOCK AS COX COMMUNICATIONS WEST TEXAS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK A CABLE SYSTEM; AND PROVIDING THEREIN FOR DEFINITIONS; SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES; INSURANCE; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES; PUBLICATION; AN EFFECTIVE DATE; AND A SAVINGS CLAUSE. Past Performance - In March, Cox Communications West Texas (Cox) will complete the fifteenth and final year of its current franchise. Cable service complaints are minimal and are quickly resolved. Billing complaints are also minimal and Cox is willing to compromise. Service 71 Regular City Council Meeting January 28, 1999 Page 72 disruptions during the recent system rebuild were few and the Street Department reports only occasional delays with Cox subcontractors' work in alleys. Franchise Objectives - In our negotiations with Cox, staff pursued the following objectives: • Support ongoing development of a state-of-the-art cable system, providing top quality cable service and entertainment options to our citizens; • Enhance city programming capabilities on LCN6; • Receive fair market rent for use of public rights -of -way and easements; and • Create and fund the Information Technology Capital Projects Fund. The primary features of the franchise that accomplish these objectives are: • Rebuilding the cable system to the highest standards, allowing for digital transmissions and two-way voice/data communications; • 15-year renewal encourages ongoing, long-term investment in the system; • Extensive upgrade to the LCN6 studio equipment; • Franchise fee of 5 %, as provided by Federal law, distributed: ■ 3 % to the General Fund, as currently budgeted, and ■ 2% to the Information Technology Capital Projects (ITPC) Fund. The ITCP Fund will provide long-term funding for projects such as: • Implementation of the Communications Master Plan (fiberoptics network), including: ■ capability to interconnect major law enforcement agencies in Lubbock County; ■ interconnection of fire stations with the new Central Station for training; and ■ expansion of high-speed Internet access in libraries, community centers and senior centers; • Development of "smart" transportation systems to improve traffic flow and detect accident locations; • Support "City of Knowledge" economic development initiatives such as high-speed data access for the industrial park at Lubbock International Airport and Reese Center; and • Future projects that position Lubbock as a leader in effective use of information technology. 72 Regular City Council Meeting January 28, 1999 Page 73 ITCP Fund monies would be allocated annually through the capital projects budget process. Richard Burdine, Assistant City Manager, presented staff comments. Staff recommended City Council approval of the franchise ordinance on first reading. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10141 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (50.) Resolution No. 6175 supporting the Texas Boll Weevil Eradication Foundation Board in its efforts to secure passage of a boll weevil eradication program in a ten -county area surrounding and including Lubbock County. RESOLUTION NO. 6175 WHEREAS, the City Council of the City of Lubbock is vitally interested in the future economic health of Lubbock and the South Plains region of West Texas; and WHEREAS, the foundation of the economy of the South Plains area is agricultural production, most particularly, the production of cotton; and WHEREAS, the Texas Boll Weevil Eradication Foundation has called an election to hold a referendum among the cotton producers and landowners in the 10- county area surrounding Lubbock County, known as the "Southern High Plains/Caprock Eradication Zone," in order to determine whether the cotton producers and landowners in this area will assess themselves in order to finance a boll weevil eradication program; and WHEREAS, this 10-county area produces an average of 900,000 bales of cotton a year which when turned over in the economy has an average annual impact in excess of $1 billion on the residents and businesses of this region; and WHEREAS, it is of extreme importance to the future well-being of the region's economy that the current serious boll weevil infestation be brought under control as soon as possible; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby endorses the efforts of the Texas Boll Weevil Eradication Foundation to secure passage of a boll weevil eradication program in the Southern High Plains/Caprock Eradication Zone, and further encourages the Texas Boll Weevil Eradication Foundation to give this area the highest possible priority in undertaking the necessary steps to eradicate the boll weevil in this area as soon as possible. 73 Regular City Council Meeting January 28, 1999 Page 74 Passed by City Council this 28th day of January, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison for Economic Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Ms. Vicky Patschke, a Board member of the Texas Boll Weevil Eradication Foundation, gave a brief explanation of the boll weevil eradication program and proposal. Lubbock and the South Plains' economic health is connected to the success of the agricultural industry and the production of cotton. The Southern High Plains/Caprock Eradication Zone, comprised of a ten -county area surrounding Lubbock, produces an average of 900,000 bales of cotton a year that has over a $1 — billion impact on our region's economy. In order to ensure successful cotton crops in the future it is important that area farmers and landowners address the current boll weevil infestation. This resolution supports the efforts of the Texas Boll Weevil Eradication Foundation to secure passage of a boll weevil eradication program in the Southern High Plains/Caprock Eradication Zone. It is possible that some area farmers will oppose this item. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 6175 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (51.) Consider one appointment to the Health Facilities Development Corporation Board. R. C. Douglas, whose term expires on 10/13/00, has resigned. This board is a legal entity. The terms are not more than six years, and there is no limit to the number of reappointments. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Dee Silva to the Health Facilities Development Corporation Board. Motion carried: 6 Yeas, 0 Nays. (52.) Consider one appointment to the Lubbock Arts Alliance Grants Review Committee. 74 Regular City Council Meeting January 28, 1999 Page 75 Kay Woods Brown, whose term expires on 12/31/99, has resigned. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Mary Jane Crook to the Lubbock Arts Alliance Grants Review Committee. Motion carried: 6 Yeas, 0 Nays. (53.) Consider two appointments to the Joint Airport Zoning Board. This legal entity has two board members whose terms expire February, 1999. Dan Sanders has moved from Lubbock and needs to be replaced. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Dudley Faver and Dr. Paul Johnson to the Joint Airport Zoning Board. Motion carried: 6 Yeas, 0 Nays. (54.) Consider four appointments to the Community Development and Services Board. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Vickie Bennett, Frank Gutierrez, E. C. Leslie, and Jeff Lowry to the Community Development and Services Board. Motion carried: 6 Yeas, 0 Nays. (55.) Consider one appointment to the Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Rev. J. J. Johnson to the Public Transit Advisory Board. Motion carried: 6 Yeas, 0 Nays. 11:35 A.M. COUNCIL RECESSED 1:00 P. M. COUNCIL RECONVENED 1:00 P. M. COUNCIL ADJOURNED A There being no further business to come before Council, Councilmember Cooke adjourned the meeting. WINDY SITT N, MAYOR Darnell, City Secretary Read and approved this o?5�2 AT ST: Kavt e . arnel , City Secretary day of , 1999. � 9 WI DY SIT O , MAYOR 75