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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/25/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 25, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of March, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember David Nelson CITIZEN COMMENTS Two citizens expressed comments to the Council. They were: Dr. Lester Payne; and David Aycock. 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 (Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 7:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room Councilmember Patterson was not present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City 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 (Police Department; Water Utilities). ( 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: Appointments Advisory Board Building Board of Appeals Complete Count Committee Culture and Arts Commission Electric Utility Board Board of Electrical Examiners Keep Lubbock Beautiful Advisory Committee Neighborhood Redevelopment Commission Parks and Recreation Board Permit and License Appeal Board Regular City Council Meeting March 25, 1999 Page 182 Public Transit Advisory Board Zoning Board of Adjustment ( 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 (Water Utilities). 9:31 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. ( 5.) Presentation from Texas Department of Transportation on proposed changes to the design of the East-West Freeway by Steve Warren, Director of Transportation Planning and Development for the Lubbock District. Mr. Steve Warren, Director of Transportation Planning and Development for the Lubbock District of Texas Department of Transportation (TxDOT), will be making the presentation. TxDOT is planning to hold a public meeting at 7:00 p.m., April 1, 1999, at Cavazos Junior High School to present proposed design changes on the East-West Freeway project. City staff has asked TxDOT to present these changes to the City Council prior to that public meeting. Several City staff members were briefed on the major changes to the design in a meeting at the TxDOT office on March 4, 1999. The major changes discussed by TxDOT at that meeting were: 1. Freeway main lanes would now be elevated to go over Avenue Q. 2. Tech Boulevard now included in design. 3. Intersection design at 34th and Slide Road. 4. West Loop direct connections reduced from eight to two 5. Access changes along West Loop. No action is necessary. (6.) Legislative update by Councilmember David Nelson. 10:30 A. M. WORK SESSION ADJOURNED 10:47 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None Mayor Sitton called the meeting to order at 10:47 A. M. (7.) Senior Pastor Gary Kirksey of the Trinity Church gave the invocation. 182 Regular City Council Meeting March 25, 1999 Page 183 ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Laureate, Poet, Walter McDonald. As evidenced by the proclamation and presentation that will be made later in this council meeting, Lubbock does have a poet laureate, and Texas Tech Professor Dr. Walter McDonald is it. We encourage everyone in Lubbock to support and become involved in the "Raising a Reader Book Festival" and National Poetry Month beginning in April. No. 9 is Upstart Attitude. Even at 90 years of age, Lubbock is a "young" city. And I've been asked to remind everybody that we're having a birthday celebration for Lubbock this Saturday, March 27th, at the Mahon Library beginning at 10:00 until 4:00. We'll have the largest cake ever made, and you're welcome to come and sample and taste that cake and celebrate Lubbock's 90 years young. Through the years our city forefathers, often as the "new kids on the block," have had to work twice as hard, twice as long, and be twice as good just to compete with other cities in this part of the world. Because of that "upstart attitude" Lubbockites have a great deal of pride and protective attitude towards our great city. This attitude has brought great things and great people to the City of Lubbock and has zealously preserved those virtues and qualities of life in Lubbock that we all cherish. No. 8 is Bronc Bustin'. April 2nd through the 4th has been proclaimed "ABC Rodeo Days" (and there will be a recognition later on in the meeting today) in Lubbock because the ABC Rodeo is in town. This has been a great event in Lubbock since 1943, which showcases some of the best bull riding, calf -roping and overall bronc bustin' that you will ever see in a rodeo arena. Let's get out and support the ABC Rodeo and the public service organizations that this Rodeo supports from the proceeds of the event. No. 7 is Bus Service. Lubbock's public transit system has declared March as "Citibus Passenger Appreciation Month." With first class advertising on the exteriors, Citibuses transported four million passengers last year, many of whom were handicapped and reliant upon the bus service for their sole means of transportation. Bicycle racks on the buses and new software for the demand response service have been added recently for customer service. Thanks go to Citibus Manager John Wilson and his staff for going the "extra mile" for their passengers and the entire community of Lubbock. No. 6 is Oars in the Water. Lubbock has had a reputation throughout the state for being, among other things, a down-to-earth community with its roots firmly planted in the agricultural area. We are level headed, practical, yet progressive people. In addition, we have exhibited a zeal to achieve great things in Lubbock. We have worked hard forming partnerships within the City and within the region, to be progressive, to be prepared, and to lead the way into the next millennium. We realize that we all have to work together, moving in the same direction with the same basic goals to achieve our objectives in Lubbock --the primary one being to be the best city in the United States in which to live and work. 183 Regular City Council Meeting March 25, 1999 Page 184 To accomplish that, we must all work together and have all of our "oars in the water," rowing together and in the same direction. No. 5 is Crossroads, as in Music Crossroads. If you were in our Work Session earlier, you know that the House Concurrent Resolution now in the Texas Legislature made official what we have known in Lubbock and West Texas for a long time. That is that Lubbock is the music crossroads of Texas. Recognition of Lubbock's musical heritage and the contributions that Lubbock and West Texas musicians have made to music genres for generations was officially recognized by the Texas Legislature when the Governor Bush signed House Concurrent Resolution 65 designating Lubbock on March 19th as the Music Crossroads of Texas. Let us applaud this recognition, build on it in the years to come, and market this entertaining quality of life in Lubbock throughout the state, nation and the world. No. 4 is Kickapoo. The Kickapoos are one of many Native American tribes that will be represented this week at the South Plains Fairgrounds for the 7th Annual Intertribal Pow Wow. This event, sponsored by the West Texas Native American Association, is expected to attract more than 4,000 people to the City for the purpose of singing, dancing, feasting, selling and trading arts and crafts, and upholding traditional customers of Native Americans in this region. No. 3 is Years of Strengthening America. Lubbock joins the cities across the nation to celebrate the 25th anniversary of the creation of the Community Development Block Grant Program. This anniversary will highlight the accomplishments and benefits that accrued to cities throughout American over the past 25 years as a result of those federal grant funds. Job training, literacy programs, and rehabilitation of housing for low-income families are only a few of the many accomplishments of the Community Development Block Grant Program. Let's join with Congressman Mac Thornberry in celebrating Community Development Week next week. No. 2 is Endangered Species Habitat. Prairie Dog Pete has been a recognizable mascot of our Convention and Tourism Bureau for years. Our Parks and Recreation Department has maintained Prairie Dog Town in McKenzie Park for over 50 years. With the recent debates in our legislative bodies regarding whether or not prairie dogs should join the list of endangered species, it is comforting to know that they always have had and always will have a protected habitat in Lubbock. No. 1 is Sharp Lady, as in Marsha Sharp. Lubbock and Texas Tech now have a new representative in Austin. Congratulations to Marsha Sharp, Texas Tech Lady Raiders Basketball Coach, who was inducted into the Texas Women's Hall of Fame on March 4th of this year. Marsha also celebrates a first place finish in the Big 12 Basketball Conference, winning the Big 12 Basketball Tournament, being named Coach of the Year in the Big 12, and has been instrumental in raising women's basketball in the nation to a new level. The Lady Raiders concluded their basketball season this past weekend, making it into the Sweet 16 in the NCAA Tournament, and finishing the season at 30 wins and 4 losses. Marsha, her staff, and her players continue to put Lubbock and Texas Tech on the map in a big way. Congratulations to Marsha. 184 Regular City Council Meeting March 25, 1999 Page 185 BOARD APPOINTMENTS RECOGNITION Community Relations Commission Receiving: Sharon Bass Bonner Bennett Paula Finney (unable to attend) Paul Florez Charles Johnson Ronda Langston (unable to attend) Juan Mancias Velma Medina Hector Molina (unable to attend) Carmyn Morrow (unable to attend) Harley Oberhelman Palmira Perea-Hay (unable to attend) Ruben Reyes (unable to attend) McKinley Shepherd Cara Speer Gail Tutino Wilma Wright (unable to attend) Keep Lubbock Beautiful Advisory Committee Receiving: Cleve Haley (unable to attend) Larry Lowe Karen Malouf (unable to attend) Penny Mason Winona Cape Neighborhood Redevelopment Commission Receiving: Arthur Norman CITIZEN APPEARANCES ( 9.) Presentation of a proclamation naming Walter McDonald "Poet Laureate of Lubbock" as part of the celebration of National Poetry Month throughout April. Each April is declared National Poetry Month in a nationwide celebration of poetry. Nationally, the celebration is marked by public readings, special events and contests to promote and foster poetry and literacy, and the distribution of free books on poetry to schools, libraries, and other institutions. Locally, the "Raising a Reader Book Festival" will host its second annual event on April 1 in celebration of National Poetry Month. A committee formed of individuals from the City Library, the Literacy Coalition, Lubbock and Frenship Independent School Districts, Texas Tech University, the Lubbock Avalanche Journal, as well as Barnes and Noble Bookstore, have organized events including a poetry contest, seminars and readings from local poets, programs to be presented in schools, and an overall promotion effort. As part of this celebration, this committee has asked that Dr. Walter McDonald, a Lubbock resident, be named Poet Laureate of Lubbock on April 1, 1999 as part of the celebration of National Poetry Month throughout April. Dr. McDonald is a professor of English at Texas Tech University where he serves as Poet in Residence and Director of Creative Writing. He has received numerous honors for his 1,700 published poems, which have appeared in many prestigious publications and journals. 185 Regular City Council Meeting March 25, 1999 Page 186 The proclamation was presented at this time to better coincide with the publicity for the upcoming "Raise a Reader Book Festival". This proclamation will name Walter McDonald "Poet Laureate of Lubbock" on April 1, 1999 as part of the celebration of National Poetry Month throughout April. Ann Boggs of Barnes and Noble Bookstore was present and gave a short presentation and a poster regarding an upcoming reading event sponsored by Barnes and Noble, at which Mr. McDonald will speak. Mr. McDonald accepted the proclamation and gave a short acceptance speech. (10.) Presentation of special recognition to Mark Putman, ABC Rodeo Chair, commemorating ABC Rodeo Week. Since 1943, the ABC Rodeo has a long tradition of contributing to the community, and has helped to sponsor Lubbock's three Boys' Clubs. The ABC Rodeo promotes leadership skills and initiative among young people as it continuously works to strengthen the bonds of friendship and compassion. The ABC Rodeo strives to enhance the quality of life for our community's young people and fosters goodwill and charity for all. Members of the American Business Club have worked hard and spent many hours organizing this worthwhile event in order to ensure its success and its ongoing efforts for the community. This proclamation declares April 2-4, 1999 as "ABC Rodeo Days" in Lubbock. Mark Putman accepted this proclamation on behalf of the ABC Rodeo and presented the Council with red bandanas. (11.) Presentation of special recognition to Tommy Camden and Mary Croyle commemorating the 17th Annual Citywide Health Fair. The 17th Annual Citywide Health Fair will be observed in Lubbock, Texas during the weekend of April 9-10, 1999, which encourages residents to invest in their future. The 17th Annual Citywide Health Fair will educate residents about the benefits of healthful behaviors and encourage residents to make healthy lifestyle choices and changes. The City of Lubbock Health Department and other health professionals at the 17th Annual Citywide Health Fair will work together to protect all Lubbock citizens by assuring safe food and clean water, providing immunizations, preserving safe child care, regulating health professionals and facilities, preventing and controlling diseases in humans and in animals, and educating the public about healthy behaviors that result in a longer, happier, and healthier life. Hundreds of health professionals at the 17th Annual Citywide Health Fair dedicate themselves to maintaining and improving the health of their fellow citizens. Tommy Camden, Public Health Manager, accepted this special recognition and also recognized Mary Croyle, Health Education Coordinator, for her efforts in organizing the Health Fair. Members of the Health Education Team passed out flyers and gave each council member a lapel button and pencil regarding the Health Fair. (12.) Presentation of a proclamation for National Community Development Week and Fair Housing Month followed by a Community Development video highlighting community development projects and programs. Regular City Council Meeting March 25, 1999 Page 187 The Community Development Block Grant (CDBG) program works locally to address complex community problems and was signed into law on August 22, 1974 by President Gerald R. Ford. These federal funds are provided annually to states, counties, and local governments for a variety of community development uses that include basic water, sewer, street and sidewalk improvements, start-up business loans, rehabilitation of housing for low-income families, job training and literacy programs, as well as senior and youth programs. This year, the City of Lubbock will join cities across the nation to celebrate the 25th Anniversary of entities that receive Community Development Block Grant (CDBG) funding. The 1999 annual Community Development (CD) Week celebration is to be held the week of March 29-April 1. The theme for this year's Community Development Week is "25 Years of Strengthening America's Communities." This Anniversary will highlight the accomplishments that have occurred during the past 25 years in the City of Lubbock, Texas. The City will also declare April 1-30, 1999 as Fair Housing Month. The Fair Housing Act is a federal law that prohibits discrimination in certain real estate and bank transactions on the basis of race, creed, national origin, gender, familial status, or religion. The festivities for the City's CD Week include the following: Saturday, March 27: 10:00 a.m. - 6:00 p.m. Housing Fair to Promote Fair Housing Month South Plains Mall (6002 Slide Road, between Dillard's and Mervyns) The Lubbock Housing Consortium is sponsoring booths to promote housing opportunities. Realtors, bank representatives, housing nonprofit agencies, and governmental entities will be at the booths to address questions regarding affordable housing opportunities. Monday, March 29: 5:30 p.m. - 7:00 p.m. Neighborhood Association Reception Garden and Arts Center (5215 University) An informal reception between the Neighborhood Associations and other concerned officials where CDBG-eligible neighborhood associations will have the opportunity to discuss neighborhood concerns. Wednesday, March 31: 11:00 a.m. Ribbon Cutting/Grand Opening for B&S Diner B&S Diner 1722 Parkway This ribbon cutting and grand opening event is for a new minority -owned business that is opening. This business was provided assistance through the City's micro -enterprise loan program funded through CDBG. Thursday, April 1: 2:00 p.m. Ribbon Cutting for Donated House Reception 2302 Globe Avenue Keynote Speaker: U. S. House Representative William Mac Thornberry. 187 Regular City Council Meeting March 25, 1999 Page 188 A state-of-the-art home, made out of insulated concrete forms, was built using donated labor and materials. This house is more resistant to tornadoes and energy -efficient than a traditional wood frame home. This house will be sold to a low to moderate -income family. A ribbon -cutting ceremony will be held to honor the contractors who assisted with this project. Nancy Haney, Community Development Manager, accepted the proclamation, and members of the Community Development Board passed out coffee mugs with candy to the Council. Everyone present then viewed the new Community Development video. CONSENT AGENDA (Items No. 13 - 19, No. 21, No. 23-29) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Approval of the minutes of the Regular City Council Meeting of March 25, 1999. (14.) Resolution No. 6231 authorizing the Right -of -Way Department to make an offer to James R. Moore, Independent Executor of the Estate of Janie Rebecca Wilbanks, deceased, for an 8.71-acre tract of land needed for the East-West Freeway railroad relocation (south of 19th Street, west of FM 179). RESOLUTION NO. 6231 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT IRR-7 James R. Moore, Independent Executor of the $23,900 Estate of Janie Rebecca Wilbanks, deceased SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. HE Regular City Council Meeting March 25, 1999 Page 189 SECTION 4. THAT the owners of the above -described parcel of land being James R. Moore, Independent Executor of the Estate of Janie Rebecca Wilbanks, deceased BE offered through the Right -of -Way Department of the City of Lubbock the amount of $23,900 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 25th day of March, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice This resolution authorizes the Right -of -Way Department to make an offer for parcel 1 RR 9 to James R. Moore for an 8.71-acre tract of land for the railroad relocation project. This parcel of land was appraised by Tommy Cantrell, whose appraisal indicated a value of $23,900, which is our offer to Mr. Moore. This resolution also authorizes condemnation proceedings if this offer is refused. The Right -of -Way Department recommended the City's offer to James R. Moore, Executor of Estate of Janie Rebecca Wilbanks. (15.) Resolution No. 6232 authorizing the Right -of -Way Department to make an offer to John Huffaker, Wayne Huffaker, Gerald Huffaker, Maurice Huffaker a/k/a M. J. Huffaker, Donald Lee Huffaker, Roger Douglas Huffaker, and Joyce Iva Huffaker a/k/a Joyce Huffaker a/k/a Iva Joyce Huffaker for a 30-foot permanent underground sewer line and communications cable easement and a 70-foot working easement in Section 3, Block D-6, Lubbock County Texas, Reese sewer line project (1201 Inler Avenue). Regular City Council Meeting March 25, 1999 Page 190 RESOLUTION NO. 6232 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for an underground sewer line and communications cable easement to Reese Air Force Base now known as the Reese Redevelopment Authority, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent and working easement to each of the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT SL-18 John Huffaker, Wayne Huffaker, Gerald $6,400.00 Huffaker, Maurice Huffaker a/k/a M. J. Huffaker, Donald Lee Huffaker, Roger Douglas Huffaker, and Joyce Iva Huffaker a/k/a Joyce Huffaker a/k/a Iva Joyce Huffaker SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized are more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the above -described parcel of land Be offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of a permanent and working easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by City Council this 25th day of March, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice 190 Regular City Council Meeting March 25, 1999 Page 191 This resolution was originally placed on the City Council agenda for approval on February 11, 1999. Since that time, the abstract company that City staff has been working with has completed its final title work on this property and discovered some additional owners to the property as well as one that had passed away. Staff is getting very little cooperation from the Huffaker Estate heirs with this project. Our offer to the Huffaker family is $6,400 and they countered back at $18,000 plus rights to tap this line. This resolution authorizes condemnation if they do not accept this final offer. Staff will also cross the Huffaker property with the East-West Freeway railroad relocation project so getting the title correct now is imperative. The Right -of -Way Department recommended the City's offer to the Huffaker family. (16.) Resolution No. 6233 authorizing the Mayor to execute Change Order No. 2 to Contract #98040 for the Advanced Traffic Management System (ATMS) by and between the City of Lubbock and Daniel, Mann, Johnson & Mendenhall (DMJM). RESOLUTION NO. 6233 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, Change Order No. 2 to the Contract for the Advanced Traffic Management System, by and between the City of Lubbock and Daniel, Mann, Johnson & Mendenhall of Colorado Springs, Colorado, and all related documents. Said Change Order 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 25th day of March, 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 A copy of Change Order No. 2 is filed with Resolution No. 6233. This change order is to provide Data Radio Support for communications from the new central traffic control computer to approximately 30 of the intersections in southwest Lubbock. This work is being added to the contract due to DMJM's experience on similar data radio systems and 191 Regular City Council Meeting March 25, 1999 Page 192 staff's current lack of experience in this area. This change order includes training staff on the installation and operation of this data radio equipment. Additional data radio equipment needed to complete the ATMS communications will be purchased and installed by the city staff (approximately $40,000) after DMJM's training. Originally, Traffic Engineering planned to communicate with half of these intersections with fiber optics, but the fiber optics and wide -area network will not be in operation in time. The spread spectrum data radio system proposed will allow Traffic Engineering to communicate with the signalized intersections in southwest Lubbock approximately 18 months sooner than if staff waited on the fiber optics. The data radio communications will allow us to stay on schedule of having over 30 intersections on the new ADVANCED TRAFFIC MANAGEMENT SYTEM by the end of September 1999. Staff will also be able to switch some of the intersections to fiber optics at a later date, if needed, and reuse the data radios at other isolated locations that are not economically accessible to fiber. This higher number of locations using spread spectrum data radio communications will save at least $50,000. Adequate funding exists in the Signal Computer System and Communications Capital Project #930-9296 to cover this increased cost to this contract of $41,171.30. This change order will not increase the costs to the Signal Computer System and Communications Capital Project which includes several different contracts. The Traffic Engineering Department and the Competition and Contracts Manager recommended approval of this resolution to authorize this change order. (17.) Resolution No. 6234 authorizing the Mayor to execute a contract with Texas Tech University for campus bus service. RESOLUTION NO. 6234 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Texas Tech University to provide bus service for Texas Tech University. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 192 Regular City Council Meeting March 25, 1999 Page 193 Passed by City Council this 25th day of March, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox Director of Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with Resolution No. 6234. The contract with Texas Tech University (TTU) for transit services is for a one-year period beginning September 1, 1999 and ending on August 31, 2000. Contract cost per hour will be $34 for each bus, with fuel cost adjustment above or below $1.05 per gallon. The price of $34 per hour covers the full cost recovery for the City of Lubbock. Citibus has had a contract with TTU since 1968, with the fuel cost adjustment being added to the contract in 1981. In accordance with the TTU contract, Citibus does not collect fares from its passengers. The City of Lubbock is eligible to receive an equal amount from the Federal Transit Administration for each dollar collected from TTU. The additional funds are used to pay for system expenses which otherwise would have to be paid by the City. Citibus anticipates receiving $849,400 from TTU in FY 1999. The TTU Board of Regents will consider approval of the contract at their meeting on May 13-14, 1999. The TTU Board of Regents requested that the City Council execute the contract first. Citibus recommended the approval of the TTU contract. (18.) Resolution No. 6235 authorizing the Mayor to execute a maintenance contract with J. D. Edwards for software support of the City's Financial Systems. RESOLUTION NO. 6235 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 Software License, Services and Maintenance Agreement and all related documents between the City of Lubbock and J. D. Edwards World Solutions Company. 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. 193 Regular City Council Meeting March 25, 1999 Page 194 Passed by City Council this 25th day of March, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Agreement is filed with Resolution No. 6235. Five years ago the City of Lubbock contracted with J. D. Edwards for a Financial System. This application software is currently in use for Human Resources, Payroll, Purchasing, Budget, and Accounting. The original contract provided five years of maintenance. At this time, the City needs to renew the maintenance agreement with J. D. Edwards at an annual cost of $76,761. Staff recommended approval of this maintenance contract with J. D. Edwards. (19.) Resolution No. 6236 authorizing the Mayor to execute for and on behalf of the City of Lubbock an amendment to professional service agreement by and between the City of Lubbock and Gelber Management, Inc. RESOLUTION NO. 6236 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 Professional Services Contract between the City of Lubbock and Gelber Management, Inc. to provide consulting services regarding fuel management program for the production department of LP&L. 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. 194 Regular City Council Meeting March 25, 1999 Page 195 Passed by City Council this 25th day of March, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson Director of Electric Utilities APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Professional Services Contract is filed with Resolution No. 6236. The original agreement effective July 1, 1997 called for Gelber Management to review the various fuel indexes under which Lubbock Power and Light purchases its fuel and to recommended specific amounts and prices to lock in. The original agreement was structured to reward Gelber with a percentage of the savings as compared to budgeted amounts. In July of 1998, LP&L entered into new gas purchase agreements with LG&E. This new agreement has significantly increased the number of indexes to be considered. The amended Professional Services Agreement more accurately defines the fee structure to match the actual work performed. The major parts amended include: 1. An increase in the retainer to $18,000 per quarter. (now included in the cap) 2. Elimination of work performed on purchased power; 3. A fee based upon a combination of budgeted and actual index costs, and 4. A cap on maximum possible fees. (The original did not have a cap, the amendment caps the fee to '/a % of fuel costs per quarter.) The staff recommended that the City Council approve the amendment. (20.) Resolution No. 6239 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 1998-99 use of in -kind services by City of Lubbock departments for special event support. 195 Regular City Council Meeting March 25, 1999 Page 196 This item was moved from Consent to Regular Agenda and was considered following Item No. 29. RESOLUTION NO. 6239 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board, regarding FY 1998 - 99 use of in -kind services by City of Lubbock Departments, as shown in Exhibit "A". Said Exhibit "A" 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 25th day of March, 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 Exhibit A is filed with Resolution No. 6239. At the January 9, 1997 City Council meeting the City Council approved Ordinance No. 9965 that amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in - kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount ninety percent is earmarked for existing events, while the remaining ten percent is targeted for new events. Each year, City staff conducts at least two training sessions for local non-profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the applications are reviewed by the appropriate departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. .61 Regular City Council Meeting March 25, 1999 Page 197 The Parks and Recreation Board then rates the grant applications for in - kind City services based on the applicant's response to nine subjective questions for each event. Each subjective question is worth up to five points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On March 2, 1999 the Parks and Recreation Board approved the aggregate scoring of the applications. The Parks and Recreation Board recommended the following Special Event Applications for in -kind services: EVENT IN -KIND REQUESTED IN -KIND GRANTED PERCENT RECEIVED Cowboy Symposium $5,389 $5,065.66 94% Lubbock Arts Festival $366 $344.04 94 % March of Dimes $1,289 $1,146.21 89% Pancake Festival $932 $820.16 88 % 4' on Broadway $80,496 $70,031.52 87% YWCA Mini Ind $1,846 $1,569.10 85% Diabetes Association $495 $415.80 84 % Juneteenth $7,480 $5,011.60 67% To date, there is a total of $98,293 of in -kind services requested with a total of $84,404.09 approved which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. There is a balance of $72,760.91 of in -kind services that can be allocated for existing special events. This total does not include the $20,000 reserved for new special events. Tommy Gonzalez, Director of Civic Services, presented staff comments. Staff recommended approving the eight recipients for the in -kind services to be provided through the Special Events Policy adopted by City Council. Motion was made by Councilmember Ince, seconded by Councilmember Nelson to pass Resolution No. 6239 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item No. 22. (21.) Resolution No. 6237 authorizing the Mayor to execute an Airport Project Participation Agreement between the City of Lubbock and the State of Texas, acting through the Texas Department of Transportation (TxDOT), to accept a grant for the Air Service Study for the Lubbock International Airport. 197 Regular City Council Meeting March 25, 1999 Page 198 RESOLUTION NO. 6237 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 Airport Project Participation Agreement between the City of Lubbock and the State of Texas, acting through the Texas Department of Transportation, to accept a grant for the Air Service Study for the Lubbock International Airport, 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 25th day of March, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Participation Agreement is filed with Resolution No. 6237. At its December 16, 1998 meeting, the City Council approved a resolution authorizing the Department of Aviation to participate in an air service study that is being conducted by the Texas Department of Transportation. The study will focus on air service deficiencies in smaller cities throughout the state with an emphasis on the impact that airline -pricing strategies have had on the ability of small cities to attract service. The study will provide information that will be utilized by the City of Lubbock's Air Service Task Force. The total cost of the study is projected to be approximately $400,000. Ninety percent of the funding will come from a grant from the Federal Aviation Administration. The remaining ten percent will be divided among the cities that are participating in the study. Lubbock's share will be approximately $1,000. This resolution authorizes the Mayor to sign the FAA grant agreement. Staff recommended approval. (22.) Resolution No. 6240/RFP #98156--Workers' Compensation Insurance (Human Resources) This item was moved from Consent to Regular Agenda and was considered following Item No. 20. Regular City Council Meeting March 25, 1999 Page 199 RESOLUTION NO. 6240 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 Texas Municipal League Intergovernmental Risk Pool of Austin, Texas, for Workers' Compensation 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 25th day of March, 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 A copy of the Interlocal Agreement is filed with Resolution No. 6240. This contract provides worker's compensation insurance coverage for City Of Lubbock employees. Proposals were evaluated using the following criteria: Coverage 20 % Service and Claims 20% Financial Capacity 10 % Professional Effort 10 % Management Information 15 % Cost 25 % The following companies responded to the Request for Proposal and were initially ranked as follows: Stoltz & Company Ltd. of Lubbock, Texas 17.50 Texas Municipal League Intergovernmental Risk Pool of Austin, Texas 15.65 Texas Political Subdivisions of Dallas, Texas 14.13 Sanford Insurance Agency of Lubbock, Texas 9.40 Leibowitz Insurance Agency of Belton, Texas 8.30 Leon J. Petty Insurance of Abilene, Texas 7.95 Upshaw Insurance Agency, Inc. of Amarillo, Texas 7.60 199 Regular City Council Meeting March 25, 1999 Page 200 Once the selection committee ranked the respondents, the committee agreed that Stoltz & Company and Texas Municipal League (TML) were close in ranking and the only proposers whose cost was within the range that staff believes to be most cost effective to the City. The proposer with the next closest cost was Texas Political Subdivisions at $1,170,538. Stoltz & Company's total cost proposal for the life of a single claim year was $744,286 including a $500,000 annual aggregate deductible and $244,286 in premium. The cost proposal from TML included $345,392 guaranteed first dollar coverage. The cost difference of the two proposals was attributed to an error by TML in calculating loss history. When notified of this cost difference, TML chose to honor their cost proposal. The Self -Insurance - Worker's Compensation budget amount as estimated by actuary is $1,700,000. Items of clarification were requested from Stoltz & Company and TML and included servicing, management information, and cost. After obtaining these items of clarification, the two highest ranked firms were re -rated by the selection committee. Consequently, TML was ranked highest. The selection committee recommended a contract for workers' compensation insurance coverage with Texas Municipal League. With this action, the city will save approximately $400,000. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass Resolution No. 6240 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Ince voted Nay. The next item considered was Item No. 30. (23.) Bid #99029--Used Portable Generator (Water Utilities) This bid is for the purchase of two 68 kW and one 50 kW emergency portable generators to provide for uninterrupted service at the sewer lift and pumping stations. The Wastewater Collection Department operates 21 lift and pumping stations that convey household, commercial, and industrial waste to the Southeast Water Reclamation Plant. Three critical stations require backup power in the event of a whole or partial power failure. The stations are located at 23rd and Quaker, the Texas Department of Criminal Justice Psychiatric Facility, and 98th and Avenue P. The purchase of portable back-up generators will ensure that the lift and pumping stations are continuously conveying waste to the treatment plant and will eliminate the potential for Lubbock citizens' exposure to hazardous waste. The Water Capital Projects - Emergency Generators budget amount is $29,500. The low bid is $29,500 from Rental Service Corporation, Inc. of Scottsdale, Arizona. (24.) Bid #99031--Doppler Traffic Radar Units (Radio Shop) The bid is for the purchase of 44 Doppler traffic radar units designed to measure, compute, and display the speeds of target vehicles in stationary and moving modes of operation. The radar units meet or exceed the specifications for type IV radar (K-band, moving/stationary) as stated in the most recent draft of the Model Minimum Performance Specifications for Police Traffic Radar Devices released by the National Highway Traffic Safety Administration and are Y2K compliant. These new units will help ensure fair and equitable treatment of all speed violators while maintaining the highest degree of the officer's and agency's credibility. The Police Department's Strategic Plan Goal One is to provide additional 200 Regular City Council Meeting March 25, 1999 Page 201 resources for detection and enforcement of speed violators, this can be accomplished by increasing the number of Doppler traffic radar units. The Police Department's Strategic Plan Goal Three is to provide a safer driving environment on the streets of Lubbock. The Patrol Equipment Capital Outlay - Other Equipment budget amount is $84,000. The low bid is $67,032 from Kustom Signal, Inc. of Lenexa, Kansas. (25.) Bid #99037--Lubbock Power & Light Brandon Station LM 2500 Power Turbine Overhaul (Electric Production) This bid is for the rotable replacement and repair of the existing LM 2500 power turbine at Lubbock Power & Light Brandon Station. The power turbine has reached the manufacturer's recommended operating hours and should be replaced. Repair costs are based on the expected parts to be used on a normal repair from the original equipment manufacturer. Bids were received on parts from two vendors and repairs using those parts. Bids were also requested for exchange of the power turbine. General Electric Packaged Power, Inc. was the only vendor with the ability to supply an exchange power turbine at this time. Due to the repair time quoted of 64 and 94 days, plus removal, shipping and reinstallation, staff recommended purchase of the rotable unit from General Electric Packaged Power, Inc. The low bid is $475,000 from General Electric Packaged Power, Inc. from Houston, Texas. This project was originally planned for submittal during revised budget, however, due to the immediate need to get this repair underway prior to LP&L heavy load requirements, the project is being undertaken now. The Brandon Station Turbine overhaul capital project will be funded from unallocated bond proceeds issued for major system maintenance and upgrade. There are adequate funds to cover this expenditure. This capital project will be brought back to Council at revised budget for formal approval. (26.) Resolution No. 6238/Bid #99043--City of Lubbock Water Utilities Office/Shop Addition (Facilities Management) RESOLUTION NO. 6238 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 the City of Lubbock Water Utilities Office/Shop Addition, by and between the City of Lubbock and Lubbock Building Services of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 201 Regular City Council Meeting March 25, 1999 Page 202 Passed by City Council this 25th day of March, 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 25th day of March, 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: BID #99043 - CITY OF LUBBOCK WATER UTILITIES OFFICE/SHOP ADDITION - $292,800.00 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. 202 Regular City Council Meeting March 25, 1999 Page 203 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/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. P. O. Box 65600-194 Lubbock, Texas 79464-5600 This bid is for the construction of a new office facility and shop for the Water Utilities Department located at the Municipal Hill Complex. The new building will connect to the existing shop. The Municipal Hill Office/Garage Construction -Buildings Municipal budget amount is $355,000. The low bid is $292,800 from Lubbock Building Services of Lubbock, Texas. (27.) Bid #99050--Portable Emergency Generators (Fleet Services) This bid is for the purchase of 11 portable electrical generators to provide electrical power for fire stations during periods of power outage. In order to provide necessary fire protection, stations must be able to communicate with dispatch. During power outages, these capabilities by phone, radio, or paging circuit are interrupted, preventing performance of critical job functions. The Emergency Generator and Lighting budget amount is $83,000. The low bid is $33,068.09 from Grainger of Lubbock, Texas. (28.) Bid #99058--Emergency Repair and Re -assembly of Holly 1 Steam Turbine (Electric Production) This bid is an emergency procurement for the repair and re -assembly of Lubbock Power & Light Holly 1 Steam Turbine. Holly 1 steam turbine is urgently needed to meet current load demands. The City's insurance carrier, Hartford Steam Boiler Insurance Company, has requested that all repairs be provided by the original equipment manufacturer. Argo Turboserve is the original equipment manufacturer's authorized repair facility. The City's deductible is $75,000 and the insurance company will pay for the remaining balance of $456,421.95. 203 Regular City Council Meeting March 25, 1999 Page 204 The original equipment manufacturer repair facility bid amount is $531,421.95 from Argo Turboserve of Houston, Texas. Since this is an emergency repair, the City's deductible of $75,000 was not originally budgeted. The Holly 1 steam turbine repair capital project will be funded from the capital project reserve designated for system maintenance. There are adequate funds to cover this expenditure. This capital project will be brought back to Council at revised budget for formal approval. (29.) Bid #99066--Emergency Repairs to Lubbock Power & Light 230 kV Autotransformer (Electric Distribution) This bid is for emergency repairs to LP&L's 230kV autotransformer at the Holly Avenue Power Plant. On February 28, 1999, LP&L experienced a failure of an oil filled porcelain bushing on the main LP&L/SPS interconnect transformer. The resulting explosion and fire damaged other bushings, lightning arresters and discharged a significant amount of carbon, porcelain and insulating paper into the main oil tank of the transformer. This interconnect transformer is a critical source of power for LP&L and its loss presented a real threat to the security and reliability of the LP&L system as well as an economic threat due to the loss of cheaper wholesale power. Therefore, immediate emergency repair of this transformer was necessitated. Fortunately, there is a local transformer repair company with the class of equipment and the trained personnel necessary to work on a large transformer of this type. Due to the unknown extent of damage to the transformer, it was necessary to proceed in a phased repair approach with the results of one step determining the procedures in the next step. The estimated cost of repair was $120,000. The low bid is $111,793.25 from Nix Electric Company of Lubbock, Texas. Since this is an emergency repair and was not originally budgeted, the Systems Maintenance capital project will be supplemented by $111,800 from the capital project reserve designated for Systems Maintenance. There are adequate funds in the reserve designated for systems maintenance to cover this expenditure. This capital project will be brought back to Council at revised budget for formal approval. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA PUBLIC HEARINGS (30.) Ordinance No. 10146/Zone Case No. 2774-A (1018 Slide Road): Request of Tony Barnett (for U Haul) to amend the current zoning to allow "trailer and truck rental utility" as a permitted use on Lot 512, Alford Terrace Addition. This item was considered following Item No. 22. 204 Regular City Council Meeting March 25, 1999 Page 205 ORDINANCE NO. 10146 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2774-A; A ZONING CHANGE FROM C-4 TO C-4 ZONING ALLOWING TRAILER AND TRUCK RENTAL UTILITY ON LOT 512, ALFORD TERRACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:40 a. in. No one appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:41 a. in. In 1996 this parcel was rezoned from R-1 Specific Use (part of the original Redbud Center zone case) to C-4 limited to a public repair garage and all permitted C-3 uses. The C-4 proposal for a garage has not been used to date, and the detail shop that exists in the building currently is a permitted C-3 use. Several months ago, Mr. Barnett signed an agreement with U-Haul to handle trailer rentals, not knowing that the activity is not permitted on the parcel. Adjacent land uses: North - commercial South - commercial East - church and residential across Slide West - commercial The Comprehensive Land Use Plan recommended that C-4, as heavy commercial, be limited to state or regional highways. Slide Road has farm/market designation in some locations but is not fully a state or regional thoroughfare. By limiting the uses to only one or several from the full C-4 permitted use list, the impact on adjacent areas should not be the same as open C-4. The property was operated for years as a full service gas station. When that style of enterprise fell from favor, the first C-4 limited zone case was filed to continue using the building for automotive related uses. No comments were made by adjacent property owners at the meeting. The proposal should have little or no effect for traffic in the area. The case is filed to add one C-4 use to the existing single permitted use. The Planning and Zoning Commission recommended approval of the request with the following conditions: 1. Limited to "public repair garage and truck rental utility," and all permitted C-3 uses. 2. A maximum of two rental units may be displayed between the front line of the building and the Slide Road right-of-way line. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10146 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 205 Regular City Council Meeting March 25, 1999 Page 206 (31.) Ordinance No. 10147/Zone Case No. 2191-C (south of llth Place and east of Milwaukee): Request of Betenbough Quality Homes for zoning change from R-1 and R-2 to A-2 on a tract of land (at llth Place and Milwaukee Avenue), R-1 to C-3 on a tract of land (at 19th Street and Milwaukee Avenue), R-2 to R-1 Specific Use (with reduced front setback of 20 feet) on Lots 663-665 and 672-674, Revier Farms Addition and R-1 Specific Use (for garden homes) on Lots 675-692, all within a portion of land out of Section 9, Block JS. ORDINANCE NO. 10147 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2191-C; A ZONING CHANGE FROM R-1 and R-2 TO A-2 ON A TRACT OF LAND (AT 11TH PLACE AND MILWAUKEE AVENUE), R-1 TO C-3 ON A TRACT OF LAND (AT 19TH STREET AND MILWAUKEE AVENUE), R-2 TO R-1 SPECIFIC USE (WITH REDUCED FRONT SETBACK) ON LOTS 663-665 AND 672-674, REVIER FARMS ADDITION AND R-2 TO R-1 SPECIFIC USE (FOR GARDEN HOMES) ON LOTS 675-692, REVIER FARMS ADDITION, ALL WITHIN A PORTION OF LAND OUT OF SECTION 9, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:43 a. m. No one appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:44 a. in. This request is characterized as essentially a "clean up" request for three of the areas and a proposal for an area at llth Place and Milwaukee to be developed as multi -family, church, day care, or private recreation center. Adjacent land uses: residential in all directions except for the parcel at 19th and Milwaukee, which has commercial to the south and east. The requests are consistent with the Comprehensive Land Use Plan and zoning policies. The four are: 1. Lots 675-692, currently zoned R-2 and R-1 Specific Use with a 20 foot setback. The replacement Specific Use Permit would allow garden homes with a 15 foot front setback. 2. The lots on 1lth Place east of the garden homes are R-2. The proposal is to make them zoned the same as the rest of the subdivision - Specific Use with a 20-foot front setback. The application noted "garden homes" and is not accurate. 3. The parcel at 1lth Place and Milwaukee is an awkward parcel adjacent to areas developed as residential and the school, and will be best developed as a single lot. The owner is requesting A-2 to accommodate day care, nursing home, church, uses permitted in A-1 (i.e.: duplex, triplex or quadraplex units), or private community center. 4. The parcel at 19th and Milwaukee is adjacent to an area zoned C-3. The request was filed as C-4 thinking it would be consistent with an area to the east. Research indicates that the narrow strip along 19th adjacent to this parcel is zoned C-3, and the proponent requested that this parcel be recommended to Council as C-3. Regular City Council Meeting March 25, 1999 Page 207 This proposal should have little or no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. Lots 675-692 - R-1 Specific Use for Garden Homes 2. Portions of Lots 663-674 - R-1 Specific Use with a 20 foot front setback 3. Tract at 11th Place and Milwaukee - A-2 limited to: ■ Permitted A-1 uses ■ Churches and church related ■ Convalescent/personal care ■ Day Nurseries ■ Private Community Center 4. Parcel at 19th and Milwaukee - C-3 Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10147 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (32.) Ordinance No. 10148/Zone Case No. 2838 (606 36th Street): Request of Lina Reyes -Trevino (for Salvador Revilla) for zoning change from R-2 to IHI for a cabinet or carpentry shop and all unconditionally permitted IHC uses on Tract A, Block 2, Harwell Heights Addition. ORDINANCE NO. 10148 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2838; A ZONING CHANGE FROM R-2 TO IHI ZONING ON TRACT A, BLOCK 2, HARWELL HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:48 a. in. Lina Reyes - Trevino appeared on behalf of Salvador Revilla. No one appeared in opposition. Mayor Sitton closed the hearing at 11:50 a. in. This parcel is located just east of I-27 and south of 34th Street. The current owner has owned the property for approximately ten years. The proposal would permit a cabinet shop. Adjacent land uses: North - LISD food preparation facility South - residential East - residential West - residential 207 Regular City Council Meeting March 25, 1999 Page 208 The proposal is within an area designated as "policy" for Interstate Commercial on the Comprehensive Land Use Plan. The proposal for Interstate Industrial is not completely consistent, although Mr. Revilla seems to have the support of adjacent owners. Areas such as these adjacent to the Interstate are in an awkward position. While they are in policy Interstate districts within the Comprehensive Land Use Plan, existing residential zoning and uses may continue for a number of years. As these areas are in transition, the conversion from residential to commercial will be difficult. The proposal should not affect traffic in the area in a negative manner. 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 Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10148 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (33.) Ordinance No. 10149/Zone Case No. 1917-C (north of 4th Street and east of Frankford Avenue): Request of Hugo Reed and Associates (for Omni America Development Corporation) for zoning change from C-3 to C-3 Specific Use for a 160-foot communications tower on a portion of land out of Section 1, Block J-S. ORDINANCE NO. 10149 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1917-C; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING (FOR A 160-FT. COMMUNICATIONS TOWER) ON SECTION 1, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:53 a. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Omni American Development Corporation. No one appeared in opposition. Mayor Sitton closed the hearing at 12:03 p. in. The proposed use is a 160-foot monopole cellular/PCS Tower. The adjacent land use or zoning is commercial. The property is already commercial, so the request conforms in that aspect to the Comprehensive Land Use Plan. The Telecommunications Act of 1996 allows zoning jurisdiction over cell towers, but Federal Law prohibits discriminatory zoning requirements (which would favor other providers), it prohibits requirements that prohibit service (exclusion of towers altogether), and the Act prohibits denial of a request based on health effects of radio frequency emissions (based on evidence to Congress that such health effects do not occur). The statements by staff must be submitted to the Planning Commission and City Council in writing, and the response to the proponent must be in writing if the request is denied. The reasons for denial must be based 1: Regular City Council Meeting March 25, 1999 Page 209 on written evidence presented before the City Council. No public comments were made during the Planning and Zoning Commission hearing. The primary discussion for this request should be based on compatibility with adjacent uses. The most credible comments are related to property values, appropriateness of the land use and aesthetics. Any health related concerns for radio emissions are not legal to consider because of the Telecommunications Act. The staff perspective on these towers in previous cases has been that, as we depend more on wireless, the towers are the cost of doing business. The proponent is proposing a monopole construction. The request meets the basic guidelines of the Zoning Code. 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 Nelson to pass on first reading Ordinance No. 10149 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (34.) Ordinance No. 10150/Zone Case No. 2839 (southwest corner of Parkway Drive and Idalou Highway): Request of Hugo Reed and Associates (for Omni America Development Corporation) for zoning change from C-4 to C-4 Specific Use for a 180-foot communications tower on a portion of land out of Section 3, Block A. ORDINANCE NO. 10150 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2839; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A 180-FT. COMMUNICATIONS TOWER ON A PORTION OF LAND OUT OF SECTION 3, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:12 p. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Omni America Development Corporation. No one appeared in opposition. Mayor Sitton closed the hearing at 12:12 p. in. The proposed use is a 180-foot monopole cellular/PCS Tower. The adjacent land use or zoning is commercial. The property is already commercial, so the request conforms in that aspect to the Comprehensive Land Use Plan. Adjacent land uses: North - residential South - residential East - residential West - residential 209 Regular City Council Meeting March 25, 1999 Page 210 The Telecommunications Act of 1996 allows zoning jurisdiction over cell towers, but Federal Law prohibits discriminatory zoning requirements (which would favor other providers), it prohibits requirements that prohibit service (exclusion of towers altogether), and the Act prohibits denial of a request based on health effects of radio frequency emission (based on evidence to Congress that such health effects do not occur). The statements by staff must be submitted to the Planning Commission in writing, and the response to the proponent must be in writing if the request is denied. No public comments were made during the Planning and Zoning Commission hearing. The primary discussion for this request should be based on compatibility with adjacent uses. The most credible comments are related to property values, appropriateness of the land use and aesthetics. Any health related concerns for radio emissions are not legal to consider because of the Telecommunications Act. The staff perspective on these towers in previous cases has been that, as we depend more on wireless, the towers are the cost of doing business. The proponent is proposing a monopole construction. The request meets the basic guidelines of the Zoning Code. 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 Nelson to pass on first reading Ordinance No. 10150 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item No. 37. (35.) Zone Case No. 2840 (north of 105th Street and west of Indiana Avenue): Hold a public hearing to consider request of Hugo Reed and Associates (for Omni America Development Corporation) for zoning change from R-1 to R-1 Specific Use for a 180-foot communications tower on Section 18, Block E-2, and to consider ordinance. This item was deleted. TRANSPORTATION SERVICES (36.) Ordinance No. 10151 amending Chapter 21 and Chapter 25 of the Code of Ordinances reflecting the development and/or acceptance of playa lake areas within the City of Lubbock as stormwater detention basins or parks (first reading). This item was considered following Item No. 37. 210 Regular City Council Meeting March 25, 1999 Page 211 ORDINANCE NO. 10151 AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEVELOPMENT AND/OR ACCEPTANCE OF PLAYA LAKE AREAS WITHIN THE CITY OF LUBBOCK AS STORMWATER DETENTION BASINS OR PARKS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance amends Chapters 21 and 25 to reflect those changes necessary to implement the Policy for Playa Lake Development. The ordinance establishes three options for the developers including: a. The lake area may be dedicated as a storm water drainage and impoundment easement, subject to approval by the Planning and Zoning Commission, and shall meet the requirements set forth by the Drainage Criteria Manual and the Policy for Playa Lake Development. b. The lake area may be dedicated as public property for a storm water detention basin, subject to approval by the Lubbock City Council, after review and recommendation by the Planning and Zoning Commission and the City Engineer, and shall meet the requirements set forth by the Drainage Criteria Manual and the Policy for Playa Lake Development. C. The lake area and additional adjacent property may be dedicated as a city park, subject to approval by the Lubbock City Council, after review and recommendation by the Planning and Zoning Commission, Parks and Recreation Board, and the Civic Services Division in cooperation with the City Engineer. The lake area shall meet the requirements set forth by the Drainage Criteria Manual, the Policy for Playa Lake Development. The ordinance further defines some of the terms used in the Policy for Playa Lake Development and the procedures that must be followed and met for the development and/or acceptance of playa lakes within the City of Lubbock. The staff recommended the first reading of this ordinance. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10151 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item No. 38. (37.) Resolution No. 6241 to adopt the Policy for Playa Lake Development. This item was considered following Item No. 34. RESOLUTION NO. 6241 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the health and safety of the citizens of Lubbock to establish a Policy for Playa Lake Development, including criteria for the development and/or acceptance of playa lake areas situated within the City of Lubbock as stormwater detention basins or parks; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 211 Regular City Council Meeting March 25, 1999 Page 212 THAT the City Council of the City of Lubbock hereby approves and adopts the attached City of Lubbock Policy for Playa Lake Development, which Policy shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if full copied herein in detail. Passed by City Council this 25th day of March, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D.Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Playa Lake Policy is filed with Resolution No. 6241. Following Council work sessions in September 1997 by Gary Rothwell, Chairman of the Drainage Criteria Advisory Committee, and in October 1997 by Bernie Gradel, President of the Developer's Council of the West Texas Homebuilders Association, the Council requested that the Drainage Criteria Advisory Committee be reconvened to develop a policy for the development and possible acceptance of playa lakes as public property. This came after recommendations made by the Playa Lakes/Drainage Study Committee in 1991 and by the Drainage Criteria Advisory Committee in 1997 that the City should, as a standard, accept ownership of the playa lakes. Since this time the Drainage Criteria Advisory Committee met several times to develop the Policy for Playa Lake Development. The new policy would govern the development of all playa lakes and includes three options that would be made available to the developers. They are: 1. The City would assume ownership of a playa lake area as a public park if the conditions of the policy are met. 2. The City will accept ownership as a stormwater detention basin if the conditions of the policy are met. 3. The developer would retain the lake for private use. The policy would govern all lakes being developed as far as requiring minimum development standards and some additional requirements if the property is to be public property, especially for parks. A copy of the policy was included in Council backup. 212 Regular City Council Meeting March 25, 1999 Page 213 Mr. Rothwell presented the new Policy for Playa Lake Development to the Council in August 1998. At that time the Council instructed the staff to bring back a formal resolution to adopt the policy. Larry Hertel, City Engineer, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass Resolution No. 6241 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item No. 36. HEALTH AND COMMUNITY SERVICES (38.) Resolution No. 6242 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 Housing Finance Corporation from the HOME Cash Match funds received by the Community Development Department. RESOLUTION NO. 6242 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 Community Development Funding Contract, attached herewith, between the City of Lubbock and the Lubbock Housing Finance Corporation from the HOME Cash Match funds, and any associated 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 25th day of March, 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 Funding Agreement is filed with Resolution No. 6242. 213 Regular City Council Meeting March 25, 1999 Page 214 Grantee: Lubbock Housing Finance Corporation Program: Homebuyer assistance Funding Source: Cash match for the HOME program Use of Funds: Lubbock Housing Finance Corporation will use the funds for down payment and closing cost assistance and/or the reduction of the first mortgage bond loan amount for the purchase of a home. This will be done in conjunction with a Single Family Bond program the Corporation is administering. The program will assist approximately 25 families. Amount: $50,000 Match: 25 % Return of Investment: Grantee will pay back 25 % of the grant amount in accordance with City policy. Terms: March 25, 1999 through March 24, 2001 Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. Each year HUD requires the City to provide match for the use of HOME funds. With approval of the contract the agreement will allow the City to build HOME match funds that can be used and stored for the future. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass Resolution No. 6242 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Patterson recused himself. PUBLIC SAFETY (39.) Resolution No. 6243 authorizing the Mayor to execute the necessary documents and application to the Texas Department of Health for the purchase of Automated External Defibrillators for the Lubbock Fire Department. RESOLUTION NO. 6243 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 to the Texas Department of Health for the purchase of fourteen automated external defibrillators to be used by the City of Lubbock Fire Department and all related documents. Said Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 214 Regular City Council Meeting March 25, 1999 Page 215 Passed by City Council this 25th day of March, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Application is filed with Resolution No. 6243. The Lubbock Fire Department desires to submit a Matching Grant Application to the Local Projects and Grant Program, Bureau of Emergency Management, Texas Department of Health. The purpose is to seek funding in the amount of $42,000 to assist in the procurement of 14 Automated External Defibrillators (AED's). The City of Lubbock shall, upon City Council approval, match the remaining portion ($42,000) for a grand total of $84,000 made accessible for purchasing. With appropriate AED training, it is the intention of the department to spur all available efforts at curtailing fire fighter fatalities resulting from Cardiac Arrest. Identified in a 1998 study prepared for the US Fire Administration and FEMA, this health risk has been assessed to be the primary determinant (38 %) of all on duty fire fighter deaths. A second issue will be to improve the medical capability of the Fire Department to better assist victims that may be encountered prior to the arrival of EMS. Fire Chief Steve Hailey presented staff comments Staff recommended approval of this resolution. Councilmember McDougal: I just have one comment to make sure I'm clear, and I'm glad you mentioned what the reasons were behind purchasing these. But it is not the intent of the Fire Department taking the place of EMS, is that not correct? Chief Hailey: No, sir, it has never been, and in my mind never will be. Councilmember McDougal: Okay. Councilmember Ince: I'd like to make a comment along those lines. Of course the County, through University Medical Center, runs the EMS, and I would imagine at an operating deficit. I, too, was concerned that, on the second item, that in the future there may be a move to take over the EMS duties. It has come to my attention that, in many, many cities 215 Regular City Council Meeting March 25, 1999 Page 216 across this state and other states, that the city and the fire department do run EMS services. I'm very sensitive to duplication of services and want to go on record to say to that I will be very disappointed if I see that heading in that direction in the future. So I would like to go on record with Councilman McDougal that I was concerned about this, I will be supporting this on your assurances that, in your opinion, it's not headed in that direction. Chief Hailey: I understand your concern and would assure you, again, that it has never been and, in my mind, will not be our intent to try to take over EMS. I do not want that operation. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass Resolution No. 6243 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. FINANCIAL SERVICES (40.) Ordinance No. 10152 authorizing the issuance of $6,100,000 Tax and Sewer System Surplus Revenue Certificates of Obligation, Series 1999, and authorizing approval of all necessary documents related to issuance (first reading). ORDINANCE NO. 10152 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND SEWER SYSTEM SURPLUS 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 LIEN ON AND PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY' S SEWER 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 THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. On January 14, 1999, City Council approved Resolution No. 6152 authorizing the Mayor to execute a land purchase agreement with Lubbock Christian University/Lubbock Christian College Investment Corporation for the Wilson Project/Hancock Land Application Site Property. An amount of $6,100,000 in certificates of obligation needs to be issued to finance the purchase of the property and pay related issuance costs. On February 11, 1999, City Council approved Resolution No. 6193 approving and authorizing the publication of the Notice of Intent to issue certificates of obligation and Notice of Sale with respect to these certificates of obligation. This ordinance is the first reading of the bond ordinance to authorize the issuance of the certificates. The second reading is scheduled for April 8, 1999. Subject to approval of this first reading of the bond ordinance, just prior to the second reading, the bonds will be sold competitively. Betsy Bucy, Director of Finance, presented staff comments. 216 Regular City Council Meeting March 25, 1999 Page 217 As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10152 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. (41.) Ordinance No. 10153 authorizing the issuance of $12,300,000 Tax and Waterworks System Surplus Revenue Refunding Bonds, Series 1999, and authorizing approval of all necessary documents related to issuance (first reading). ORDINANCE NO. 10153 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE REFUNDING BONDS, SERIES 1999"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; PROVIDING FOR THE PAYMENT OF SAID BONDS BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A PLEDGE OF THE NET REVENUES DERIVED FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. On January 28, 1999, City Council approved Resolution No. 6174 authorizing the Mayor to execute an agreement between the Canadian River Municipal Water Authority (CRMWA) and City of Lubbock for the prepayment of obligations incurred in connection with construction of the Canadian River Project. The prepayment of the outstanding debt will yield savings that are projected to be approximately $360,000 per year. Over the life of the obligation these savings are projected to total over $7,000,000. In order to participate in this agreement, refunding bonds need to be issued in the amount of $12,300,000. On February 11, 1999, City Council approved Resolution No. 6194 approving and authorizing the publication of the Notice of Sale with respect to these refunding bonds. This ordinance is the first reading of the bond ordinance to authorize the issuance of these refunding bonds. The second reading is scheduled for April 8, 1999. Subject to approval of this first reading of the bored ordinance, just prior to the second reading, the bonds will be sold competitively. Betsy Bucy, Director of Finance, presented staff comments. As this action is necessary to proceed with the prepayment and achieve the refinancing savings, staff recommended passage of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10153 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. 217 Regular City Council Meeting March 25, 1999 Page 218 BOARD APPOINTMENTS (42.) Consider one appointment to the Lubbock Emergency Communication District Board of Managers. Robert Massengale's term expired January 1999. He has served one term and is eligible for reappointment. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Robert Massengale to the Lubbock Emergency Communication District Board of Managers. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. (43.) Consider two appointments to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Alicia Knight and Sally Fischer to the Keep Lubbock Advisory Committee. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. 12:30 P. M. COUNCIL RECESSED 1:40 P. M. COUNCIL RECONVENED 1:40 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal made a motion to adjourn; Councilmember Nelson seconded the motion. Motion carried: 4 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment (Mayor Sitton, Councilmember Cooke, Councilmember McDougal, and Councilmember Nelson). 11 WINDY SIT4TON, `MAYOR ATT ST: Kayt ie arnel?, City Secretary Read and approved this /-kday of , 1999. DY SITT N. M R A Darnell, City Secretary