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Home My WebLink AboutMinutes - City Council - Regular - 4/22/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 22, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of April, 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 Tern Max Ince, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember T. J. Patterson CITIZEN COMMENTS One citizen, Bill DeTournillon, expressed comments to the Council. 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; Finance; Planning Department); 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). 7:33 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City 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; Finance; Planning Department). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Neighborhood Redevelopment Commission ( 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). 9:36 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Councilmembers Hernandez and Patterson left the meeting during work session. Regular City Council Meeting April 22, 1999 Page 262 ( 5.) Discussion of legal aspects of antenna siting by John Knight, Assistant City Attorney, and Randy Henson, Senior Planner. One of the most widely recognized municipal powers is the regulation of real property through the zoning process. This power is not, however, unlimited and is moderated by various constitutional and statutory restraints. One such restraint, for cellular/PCS tower locations, which is relatively new, is the Telecommunications Act of 1996. The Act generally preserves local jurisdiction over telecommunications antenna siting so long as certain conditions are met. A brief summary follows: 1. Although local governments have some flexibility in responding to siting requests, they may not unreasonably discriminate among telecommunication providers that compete against one another. Cities do not have to treat all providers exactly the same if the proposed facilities present different zoning concerns, i.e., residential versus industrial siting. 2. A city may not enact an outright ban on telecommunications facilities. Cities may limit the number and placement of facilities so long as the limits do not prohibit, or have the effect of prohibiting, the provisions of service. A city may not, for example, base a denial of an application on the ground that sufficient service already exists if that denial has the effect of preventing an applicant from providing service in the city. 3. Any application for permission to place or construct telecommunications facilities must be acted on within a reasonable amount of time. One need not expedite an application; however, the process may not be delayed longer than the time normally taken to process other types of zoning requests. 4. A decision denying an application must be in writing and must be based on evidence contained in a written record of the proceedings. The decision must be supported by substantial evidence contained in the record. The reasons for denial may not be contrary to the intent of the Act. 5. As long as federal requirements are met, a city may not deny an application for the placement or construction of a telecommunication facility on the ground that the radio frequency emissions will be harmful to the environment or health of residents. This presentation is to provide information only; no action is required. (6.) Presentation of second quarter investment results and second quarter financial information by Betsy Bucy, Director of Financial Services and Andy Burcham, Cash and Debt Manager. The results of the management of the investment portfolio are available for the second quarter of fiscal year 1998-99. In accordance with the Public Funds Investment Act, the results must be provided in a specific written format to the governing body. The written document was provided at the City Council work session meeting. This formal presentation was offered to provide additional information. 262 Regular City Council Meeting April 22, 1999 Page 263 Financial information will represent a mid -year look at significant financial trends. This presentation is provide information only, no action is required. 10:34 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; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Victor Hernandez and Councilmember T. J. Patterson Mayor Sitton called the meeting to order at 10:34 A. M. ( 7.) Father Anthony Eremito of Covenant Medical Center gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Culture and Arts Commission Receiving: Herbert Martinez Board of Electrical Examiners Receiving: Mike Temple, Jr. (unable to attend) Keep Lubbock Beautiful Advisory Committee Receiving: Jack Reid Neighborhood Redevelopment Commission Receiving: Maxine McCormick Park and Recreation Board Receiving: Bobbe Crawford Permit and License Appeal Board Receiving: Jean Brock CITIZEN APPEARANCES ( 9.) Presentation of a special recognition to the Lubbock Christian High School Girls' Basketball Team for winning the Texas Association of Private and Parochial Schools (TAPPS) Class 3A State Championship. The Lubbock Christian High School girls' basketball team recently won the Texas Association of Private and Parochial Schools' State Championship. The Lady Eagles had an overall record of 22 victories and 15 losses. They were undefeated in district competition and won 17 of their last 18 games. This is Lubbock Christian High School's fourth State Final in five years, and the seventh State Championship in the school's history. 263 Regular City Council Meeting April 22, 1999 Page 264 In recognition of this achievement, a special recognition was presented to Coach Hutch Haley and the Lady Eagle basketball team. Besides players and coaches, many parents also attended the presentation. This special recognition recognized the Lubbock Christian High School Lady Eagles' basketball team for this outstanding achievement in earning the honor of Texas Association of Private and Parochial Schools' State Champions. (10.) Presentation of a special recognition to the Trinity Christian High School Boys' Basketball Team for winning the Texas Association of Private and Parochial Schools (TAPPS) Class 4A State Championship. The Trinity Christian Boys' Basketball team recently won the Texas Association of Private and Parochial Schools' (TAPPS) Class 4A State Championship. The Trinity Lions had an overall record of 32 victories and 4 losses. The Runnin' Lions won the TAAPS District 24A championship with a 12-0 record. This is Trinity Christian's first State Championship. In recognition of this achievement, a special recognition was presented to Coach Todd Duncan and the Trinity Lions basketball team. Besides players and coaches, many parents also attended the presentation. This special recognition recognized the Trinity Christian Lions basketball team for this outstanding achievement in earning the honor of Texas Association of Private and Parochial Schools' Class 4A State Champions. (11.) Presentation of a special recognition to the National Association of -- Letter Carriers to commemorate the "National Association of Letter Carriers National Food Drive Day." Each year on the second Saturday in May, the National Association of Letter Carriers (NALC) holds a one -day food drive. This is one of the world's largest one -day efforts to collect food for the needy. In 1998, there were over 10,000 cities and towns in all 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam who participated in this one day food drive, with over 70 million pounds of food being collected. This year's food drive will be held on May 8, 1999. All of the food collected will be given to the South Plains Food Bank and will stay in Lubbock. The food given in this will help supply the local food pantries that serve the hungry and the homeless. Postmaster Ted Tyler, Eddie Odle, and Pete Allen with the U. S. Postal Service, and Karen King and John Dersch with the Food Bank were present to receive this special recognition. This special recognition recognized the contributions of the National Association of Letter Carriers in helping address the needs of Lubbock's hungry and homeless population. (12.) Presentation of a proclamation to the Lubbock County Bar Association recognizing May 1-8, 1999 as Law Week. 264 Regular City Council Meeting April 22, 1999 Page 265 Each year the Lubbock County Bar Association sponsors activities and efforts that help educate and create an awareness of the laws and the judicial system in the United States. In addition to the United States Constitution and the Bill of Rights, the overall judicial process helps protect our rights as individuals in a free society. Beyond public awareness events, during Law Week attorneys volunteer time to visit schools and discuss the judicial system and the law with area students. _ This is the forty-second annual national observance of Law Week. Charles Joplin of the Lubbock County Bar Association was present to accept this Proclamation. This proclamation recognized the contributions of the Lubbock County Bar Association in helping educate and create an awareness of the laws and the judicial system in the United States. (13.) Presentation of a special recognition to Scott Steger, Store Manager of The Home Depot, for their donation and in celebration of Earth Day. Earth Day is celebrated on April 22, 1999 to commemorate environmental awareness and conservation programs throughout the world. Several local businesses have shown their commitment to the environment in a number of ways. In January, Feist Publications, Inc. and University Medical Center partnered with the City to purchase and install a fountain at Leroy Elmore Park that has improved the water quality at that lake. In March, the Home Depot donated 45 trees to the Parks and Recreation Department that have since been planted in Mackenzie Park to prevent erosion and to replace others that have outpaced their useful lives. There is a growing appreciation of the importance of trees to the environmental quality and economic vitality of our city. Trees have long been recognized for the beauty and value they lend to our homes, neighborhoods, parks, and business areas. At the same time, those trees conserve energy, help clean the air, protect streams, and provide a home for wildlife in Lubbock. By recognizing these benefits, The Home Depot donated 15 Bald Cypress, 15 Cottonwood and 15 Willow trees to be planted in a City park. On March 23 and 24, 1999 those 45 trees were strategically planted in Mackenzie Park to enhance the aesthetic beauty of one of Lubbock's oldest and most historic parks by replacing existing trees that have outlived their useful life and that have become safety hazards. Furthermore, 30 of those trees will also serve to abate erosion problems along the streambed. The Mayor presented a special recognition and framed photo of the plantings to Scott Steger, Store Manager of the Home Depot, for the corporate donation of 45 trees to the City and their commitment to improving the environment in Lubbock. (14.) Presentation of special Preparation Task Force Millennium Bug exercise. recognition certificates to the Y2K for their work in organizing Lubbock's 265 Regular City Council Meeting April 22, 1999 Page 266 In September of 1998, the City of Lubbock conducted an exercise to help determine the City organization's readiness to face potential problems caused by the Millennium Bug. This was the first such exercise conducted in the United States by a municipality. As a result, Lubbock has been recognized as a leader in addressing Year 2000 problems and received the Vision 2000 State Model of Excellence Award in recognition of this successful exercise. Much of the credit for the success of the exercise goes to the men and women who planned the emergency scenarios, organized the individual components, and implemented the actual exercise. In appreciation of their hard work and efforts to help prepare the City of Lubbock for the potential problems associated with the Year 2000, these special recognition certificates were presented. These special recognition certificates recognized the contributions of the Y2K Preparation Task Force for their work in organizing Lubbock's Millennium Bug exercise. Lieutenant Tom Mann, Lubbock Police Department; Lieutenant Mark Ethridge, Lubbock Fire Department; Tim Berry, Emergency Medical Services; Larry Vannozzie, National Weather Service; and Kay Boren of Channel 11 were present to accept their certificates. Larry Hertel and Wayne Hicks, City of Lubbock staff, and Randy Sanders of the Lubbock Avalanche -Journal were unable to attend. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 (and I think it's appropriate as evidenced by the two schools that have won the TAPPS State Championships) is Lubbock's Parochial Schools. Lubbock is blessed with many outstanding parochial schools that provide a good education and a wholesome environment. We once again commend the two schools that have been recognized here today. No. 9 is Unencumbered Horizon. Where else but Lubbock, Texas can you gaze for miles in all directions, from some points even into the next state, without your view being interrupted, except for the unparalleled hues of orange, blue, white, gray, and yellow of a promising, sometimes ominous west Texas sunset in the springtime. No. 8 is Breedlove Dehydration Plant. While today's news keeps us informed of the human tragedy in Eastern Europe, our own South Plains Food Bank is busily making a positive effort and impact. Breedlove Dehydration Plant of the Food Bank has been an order to produce 200,000 pounds of dehydrated soup mix to send to the hungry fleeing war torn regions of Yugoslavia. With the help of three Albanian students who attend Lubbock Christian University, Food Bank employee Mark Griffith has translated food labels for the soup mix into the native language of that region for the special shipment. Not only is this soup a healthy and economical way to supplement nourishment to a vast number of people, it also adheres to the religious diet restrictions of the refugees. So far 83,000 pounds of soup mix have been processed for immediate shipment. To understand the magnitude of this project, how many people it will help, just do the math: one pound of soup mix will make three gallons of soup, which will end up feeding 25,000 people. Multiply one pound of soup mix by 83,000, and you have a supply of soup mix being sent from Lubbock, Texas that will feed more than two 0m Regular City Council Meeting April 22, 1999 Page 267 million people. We salute the employees and volunteers of the Breedlove Dehydration Plant and South Plains Food Bank for taking on this incredible task to help those in need halfway around the world. No. 7 is Bronze Mammoths. Last week, as the Mayor knows, Lubbock gained two new residents, whose relatives hung out here more than 11,000 years ago. The Lubbock Lake Landmark State Historical Park has become the permanent, outdoor home to an 11-foot high, six - thousand -pound Colombian mammoth and her baby. They represent findings at the park by Dr. Eileen Johnson, Curator of Anthropology at the Museum of Texas Tech, which show that these animals roamed this area in ancient times. The gentle giants will greatly enhance the expanding educational programs of this unique state park within our own city limits. No. 6 is Overachievers. From our neighborhoods to our chamber of commerce to our city hall, Lubbock is filled with overachievers. We know that sometimes we have to work twice as long and twice as hard to achieve our primary goal, which is to be the best city in the United States in which to live and work. We in Lubbock appreciate and are up to the challenge. No. 5 is Cottonseed Oil. As we seek ways to diversify our local economy, it's good to know that the cotton being planted this spring will yield a lot more than "Fabric for the Future of Our Lives," to quote a slogan of the cotton industry. Cotton growers are very much aware these days that, with each yield, they produce a heart -healthy food product, as well. Cottonseed oil, extracted right here on the South Plains, is becoming a key ingredient in cooking and in hundreds of prepared food products on grocery store shelves across America. Food prepared with cottonseed oil makes the list of the American Heart Association's guidelines for healthy eating. At the recent convention of our Texas Cotton Ginners here in Lubbock, chefs cooks a catered luncheon featuring full -course meals prepared with cottonseed oil as an ingredient in every dish, from appetizers to main course to dessert. We salute our cotton growers, who not only provide products for our comfort, but now play a role in helping us live longer, healthier lives. No. 4 is Keyword: Future. The future is not someplace we are going, but one we are creating. The paths to the future are not found, but made. The activity of making them changes both the maker and the destination. Let us maintain a clear vision into the 21st century and work together to create the future of Lubbock. No. 3 is Youth Commission. Yes, we have one in Lubbock. And, remember, the youth of today are the future of tomorrow, of Lubbock's tomorrow. We'll have more about our Youth Commission as the months progress. Councilman Patterson is instrumental in that effort, and we'll have many positive things to say about that group. No. 2 is Entrepreneurs. The atmosphere in Lubbock and the South Plains seems to foster a creative vent in people. Examples of entrepreneurs abound around here, from our beginnings when George Singer decided build his general store at a crossroads in the middle of nowhere to Buddy Holly making rock and roll sounds in a country western part of the county to the entrepreneur who envisioned wine vineyards next door to cotton fields. People around here dream impossible dreams, then set out to turn them into reality. Lubbock is the place to make it happen. Hats off to all our entrepreneurs around here. 267 Regular City Council Meeting April 22, 1999 Page 268 No. 1 is Silent Wings Museum. This museum is a mission of the Texas Aviation Heritage Foundation to preserve the heroic legacy of the World War II glide plane. The effort to relocate this museum here in Lubbock on the former South Plains Army Airfield, now a part of Lubbock International Airport, is "soaring" with a proposed state legislative appropriation, as well as the dedication of a ten -acre site for the museum at the Lubbock International Airport, which is where most of the glider pilots received their training in World War II. Our future is shaped by the legacy and reminder of the past, and the museum will be a fine example of that. Let's support this dedicated effort and get behind the Silent Wings Museum. CONSENT AGENDA (Items No. 15 - 44) Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (15.) Approval of the minutes of the Regular City Council Meeting of April 8, 1999. (16). Ordinance No. 10154 - Abandoning and closing a 15-foot alley in Block 4 of the C. C. Leftwich Subdivision and a portion of Norfolk Avenue and 15th Street adjacent to Block 4 of the C. C. Leftwich Subdivision to the City of Lubbock (4101 15th Street) (second and final reading). ORDINANCE NO. 10154 AN ORDINANCE ABANDONING AND CLOSING A 15-FOOT ALLEY IN BLOCK 4 OF THE C. C. LEFTWICH SUBDIVISION THE CITY OF LUBBOCK AND A PORTION OF NORFOLK AVENUE AND 15TH STREET ADJACENT TO BLOCK 4 OF THE C. C. LEFTWICH SUBDIVISION 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 (17.) Ordinance No. 10155 - Abandoning and closing portions of a 20-foot wide alley located in Section 2, Block E, Lubbock County, Texas (101 Slaton Highway) (second and final reading). ORDINANCE NO. 10155 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN SECTION 2, BLOCK E, 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. (18.) Resolution No. 6263 authorizing the Mayor to execute an occupancy license agreement with the West Texas and Lubbock Railroad Company, Inc. for a water line crossing (68th and Upland Avenue). sm Regular City Council Meeting April 22, 1999 Page 269 RESOLUTION NO. 6263 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 License Agreement for a sewer line across railway property by and between the City of Lubbock and the West Texas and Lubbock Railroad Company, Inc. to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at Seagraves Subdivision at Railroad mile post 8.5 in the Northeast '/a of Section 31, Block AK, Lubbock County, Texas, attached hereto and which shall be spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary �]��11:1«CII �ZK�]►��tL1� /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Occupancy License Agreement is filed with Resolution No. 6263. As part of the water utilities annexation project, a new north -south water line is being constructed along Upland Avenue and must cross the railroad right-of-way of the West Texas and Lubbock Railroad Company at Upland Avenue, just north of the Brownfield Highway. This agreement will allow the City to cross the tracks of the railroad. The City will be charged $750 for this license, $250 of which will be a one- time document preparation fee and $500 for the license agreement itself. The Right -of -Way Department recommended the execution of this license agreement. (19.) Resolution No. 6264 authorizing the Mayor to execute an occupancy license agreement with the West Texas and Lubbock Railroad Company, Inc. for a sewer line crossing (102 Avenue X). Regular City Council Meeting April 22, 1999 Page 270 RESOLUTION NO. 6264 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 License Agreement for a sewer line across railway property by and between the City of Lubbock and the West Texas and Lubbock Railroad Company, Inc. to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at Seagraves Subdivision at Railroad mile post 0.95 in the Southeast '/a of Section 19, Block A, Lubbock County, Texas, attached hereto and which shall be spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of April, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Occupancy License Agreement is filed with Resolution No. 6264. Bell Dairy recently replatted the area adjacent to their existing plant at 2nd Street and University Avenue. Several utilities had to be relocated including a major sewer line. This new sewer line will travel northbound from Bell Dairy along the west side of Avenue X, cross underneath the West Texas and Lubbock Railroad tracks, and then further northward and tie into another sewer line in an adjacent alley. The railroad requires the City to obtain a license to cross underneath their tracks and the agreement will permit this. The cost of this license is $1, 750, $250 for the document preparation fee and $1,500 for the license. The City will have Bell Dairy pay the $1,750 since the sewer line relocation was due to Bell's expansion. The Right -of -Way Department recommended the execution of this license agreement. (20.) Resolution No. 6265 authorizing the Mayor to execute a lease agreement with Bowers Property Management for a Street Department materials stack lot (401 North Avenue K). 270 Regular City Council Meeting April 22, 1999 Page 271 RESOLUTION NO. 6265 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 street construction building materials, by and between the City of Lubbock and Bowers Property Management 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 22nd day of April, 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. 6265. The Street Department has in the past utilized a large area at Municipal Hill to stack their street construction materials. Due to the construction of the new LP&L generating plant, the Street Department needs additional area to store these materials. A new location has been found northwest of Municipal Hill near the southwest corner of Duke Street and North Avenue K. This property is further located west of the 400 Block of North I-27, south of Erskine Avenue, and east of North Avenue Q. This vacant property is owned by Bowers Property Management, who will give the City a five-year lease, payable one year at a time. The amount of acreage being leased by the City will be 3.73 acres and the City will pay $100 per acre, $373 per month, or $4,476 per year. The City will also be allowed to park equipment inside of a locked area adjacent to the acreage being leased and dump certain type of street debris in a fill area north of this acreage. The Right -of -Way Department recommended approval of this lease agreement. (21.) Resolutions No. 6266, 6267, 6268, 6269, 6270, 6271, and 6272 authorizing the Right -of -Way Department to make offers to ten property owners for seven parcels of right-of-way for the East-West Freeway railroad relocation (west of FM 179, north of 4th Street and east of Milwaukee Avenue, north of Kent Street). 271 Regular City Council Meeting April 22, 1999 Page 272 RESOLUTION NO. 6266 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-15 Frank L. Richard $12,100 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. SECTION 4. THAT the owner of the above -described parcel of land being Frank L. Richard BE offered through the Right -of -Way Department of the City of Lubbock the amount of $12,100 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 22nd day of April, 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 272 Regular City Council Meeting April 22, 1999 Page 273 A copy of Exhibit A is filed with Resolution No. 6266. RESOLUTION NO. 6267 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-17 Ralph A. Schmidt and wife, Ann Schmidt $5,500 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. SECTION 4. THAT the owners of the above -described parcel of land being Ralph A. Schmidt and wife, Ann Schmidt BE offered through the Right -of -Way Department of the City of Lubbock the amount of $5,500 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. 273 Regular City Council Meeting April 22, 1999 Page 274 Passed by City Council this 22nd day of April, 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 A copy of Exhibit A is filed with Resolution No. 6267. RESOLUTION NO. 6268 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-20 Martha Jean Womack Junca $6,300 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. 274 Regular City Council Meeting April 22, 1999 Page 275 SECTION 4. THAT the owner of the above -described parcel of land being Martha Jean Womack Junca BE offered through the Right -of -Way Department of the City of Lubbock the amount of $6,300 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 22nd day of April, 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 A copy of Exhibit A is filed with Resolution No. 6268. RESOLUTION NO. 6269 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-21 Dorothy Faye Womack Shaw $4,600 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. 275 Regular City Council Meeting April 22, 1999 Page 276 SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being Dorothy Faye Womack Shaw BE offered through the Right -of -Way Department of the City of Lubbock the amount of $4,600 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 22nd day of April, 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 A copy of Exhibit A is filed with Resolution No. 6269. RESOLUTION NO. 6270 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-22 Dorothy Faye Womack Shaw and $1,900 Martha Jean Womack Junca 276 Regular City Council Meeting April 22, 1999 Page 277 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. SECTION 4. THAT the owners of the above -described parcel of land being Dorothy Faye Womack Shaw and Martha Jean Womack Junca BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,900 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 22nd day of April, 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 A copy of Exhibit A is filed with Resolution No. 6270. RESOLUTION NO. 6271 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: 277 Regular City Council Meeting April 22, 1999 Page 278 PARCEL NO OWNER'S NAME AMOUNT IRR-23 Keith Fredric Jobe and $7,850 Regina Jobe 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. SECTION 4. THAT the owners of the above -described parcel of land being Keith Fredric Jobe and Regina Jobe BE offered through the Right -of -Way Department of the City of Lubbock the amount of $7,850 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 22nd day of April, 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 A copy of Exhibit A is filed with Resolution No. 6271. RESOLUTION NO. 6272 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: 278 Regular City Council Meeting April 22, 1999 Page 279 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-44 Oakbriar Development Corporation $29,100 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. SECTION 4. THAT the owner of the above -described parcel of land being Oakbriar Development Corporation BE offered through the Right -of -Way Department of the City of Lubbock the amount of $29,100 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 22nd day of April, 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 A copy of Exhibit A is filed with Resolution No. 6272. These seven parcels of right-of-way are needed for the railroad route around West Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 279 Regular City Council Meeting April 22, 1999 Page 280 1 RR 15 - Frank L. Richard; 1 RR 17 - Ralph and Ann Schmidt; 1 RR 20 - Martha Jean Womack Junca; 1 RR 21 - Dorothy Faye Womack Shaw; 1 RR 22 - Dorothy Faye Womack Shaw and Martha Jean Womack Junca; 1 RR 23 - Keith Fredric and Regina Jobe; and 1 RR 44 - Oak Briar Development Corporation. All of these parcels are north of 4th Street, south of Ursuline Street, and just west of FM 179, except for Parcel 1 RR 44 that is east of Milwaukee Avenue and north of Kent Street. All of these parcels are partial takings, and none of the parcels contain improvements. These resolutions ask for approval of these offers to these property owners for these parcels. These resolutions authorize the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these properties. The Right -of -Way Department recommended the approval of our offers to these property owners. (22.) Resolution No. 6273 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and the City of Big Spring, Texas. RESOLUTION NO. 6273 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and City of Big Spring, Texas. 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 22nd day of April, 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 Interlocal Agreement is filed with Resolution No. 6273. Regular City Council Meeting April 22, 1999 Page 281 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 south of Lubbock are joining in the effort to improve transportation along this corridor. The City of Big Spring, Texas brings the total of cities and counties to 22. 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. By entering into this agreement with the City of Lubbock, the City of Big Spring 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" Century, or TEA 21. Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and the City of Big Spring, Texas. (23.) Resolution No. 6274 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and the City of Lamesa, Texas. RESOLUTION NO. 6274 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and City of Lamesa, Texas. 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 22nd day of April, 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 281 Regular City Council Meeting April 22, 1999 Page 282 A copy of the Interlocal Agreement is filed with Resolution No. 6274. 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 south of Lubbock are joining in the effort to improve transportation along this corridor. The City of Lamesa, Texas brings the total of cities and counties to 23. 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. By entering into this agreement with the City of Lubbock, the City of Lamesa 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't Century, or TEA 21. Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and the City of Lamesa, Texas. (24.) Resolution No. 6275 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and the City of San Angelo, Texas. RESOLUTION NO. 6275 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and the City of San Angelo, Texas. 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 22nd day of April, 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 282 Regular City Council Meeting April 22, 1999 Page 283 A copy of the Interlocal Agreement is filed with Resolution No. 6275. 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 south of Lubbock are joining in the effort to improve transportation along this corridor. The City of San Angelo, Texas brings the total of cities and counties to 24. 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. By entering into this agreement with the City of Lubbock, the City of San Angelo 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" Century, or TEA 21. Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and the City of San Angelo, Texas. (25.) Resolution No. 6276 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and Sutton County, Texas. RESOLUTION NO. 6276 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and Sutton County. 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. 283 Regular City Council Meeting April 22, 1999 Page 284 Passed by City Council this 22nd day of April, 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 Interlocal Agreement is filed with Resolution No. 6276. 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 south of Lubbock are joining in the effort to improve transportation along this corridor. Sutton County, Texas brings the total of cities and counties to 21. 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. By entering into this agreement with the City of Lubbock, Sutton County 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 215` Century, or TEA 21. Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and Sutton County, Texas. (26.) Resolution No. 6277 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and Tom Green County, Texas. ►:M Regular City Council Meeting April 22, 1999 Page 285 RESOLUTION NO. 6277 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and the County of Tom Green, Texas. 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 22nd day of April, 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 Interlocal Agreement is filed with Resolution No. 6277. 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 south of Lubbock are joining in the effort to improve transportation along this corridor. Tom Green County, Texas brings the total of cities and counties to 25. 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. By entering into this agreement with the City of Lubbock, Tom Green County 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 21S` Century, or TEA 21. Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and Tom Green County, Texas. ►:I Regular City Council Meeting April 22, 1999 Page 286 (27.) Resolution No. 6278 authorizing the Mayor to execute an agreement between the Lubbock Arts Alliance and the City of Lubbock to construct a memorial to C. B. "Stubb" Stubblefield. RESOLUTION NO. 6278 WHEREAS, the Lubbock Arts Alliance has requested the City of Lubbock to participate in a Memorial to the late Christopher B. "Stubb" Stubblefield to be located at the site of the original Stubb's Bar-B-Que Restaurant; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to participate in this project in view of the crucial role played in Lubbock's music heritage by S. W. "Stubb" Stubblefield" and Stubb's Bar-B-Que Restaurant for many years; NOW THEREFORE: 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 on behalf of the City of Lubbock a Grant Agreement, and any associated documents, by and between the City of Lubbock and the Lubbock Arts Alliance, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of April, 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 ' : 8�.-XVITSIMS)Su /s/Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 6278. During the March 11, 1999 City Council meeting, the Lubbock Arts Alliance (LAA) made a presentation requesting $23,015 from the hotel/motel tourism reserve fund. At the conclusion of the LAA's presentation, Council asked staff to prepare the appropriate legal instrument to convey the $23,015 to the LAA. The $23,015 will complete the LAA's fundraising efforts to construct the Stubb Memorial. The funds will go toward site preparation, lighting, irrigation, fencing, and landscaping. The construction of the Stubb memorial will take place at 108 East Broadway. Regular City Council Meeting April 22, 1999 Page 287 As mentioned at the March 11, 1999 City Council meeting, several milestones have been achieved by the LAA to arrive at today's request. The 108 East Broadway property was donated to the LAA by Martin and McFarland, Inc. (DBA Martin Outdoor Advertising). The Arts Alliance has secured donations totaling $46,000 and has also obtained a commitment from the County to maintain the site by providing general site maintenance and litter control. Terry Allen, a local artist, will be donating his time to the memorial by constructing a seven -foot statue of Mr. Stubblefield. If approved, the $23,015 from the City of Lubbock helps complete the project by September 1999. This is a one-time request and will not include operational and maintenance costs to the City of Lubbock. Since this project is related to art and since it will memorialize a local hero and potentially attract visitors when teamed up with other projects in the area like the Windmill Power Center, staff recommended that Council utilize reserve funds from the hotel/motel tax. The tourism reserve fund is dedicated toward special projects or unanticipated events that can only be allotted with Council approval. There is $153,000 uncommitted in the tourism reserve fund. Staff recommended approval of this request. (28.) Resolution No. 6279 authorizing the Mayor to execute an interlocal cooperative agreement by and between West Texas Centers for Mental Health/Mental Retardation and the City of Lubbock. RESOLUTION NO. 6279 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an interlocal cooperative agreement to have litter picked up and trash containers emptied at the Samuel W. Wahl Recreation Center, by and between the City of Lubbock and West Texas Centers for Mental Health Mental Retardation, and related documents. Said interlocal cooperative agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 22nd day of April, 1999. ATTEST: /s/Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR E Regular City Council Meeting April 22, 1999 Page 288 A copy of the Interlocal Agreement is filed with Resolution No. 6279. The public access area, "Sam Wahl Recreational Area", located at Lake Alan Henry in Garza County has been open to the public since 1991. Visitation at the lake has increased from approximately 12,653 visitors in 1996 to 27,471 visitors in 1998, which represents a estimated 30 percent increase per year since record keeping began in 1996. In 1994, in order to keep the public areas clean of trash, picnic refuse and garbage typical of "park -like" facilities, the City utilized free prison labor from the State prison located near Snyder, Texas on an occasional basis for two years. However, the volume of litter increased so much that the prison labor could no longer handle the job. In 1996 the City contracted with West Texas Centers of MHMR to perform trash collection and litter pick up along roadsides, boat ramp areas and all primitive camping areas. The original three-year contract with West Texas Centers for MHMR has expired and renewal is necessary to provide continued trash removal services at Lake Alan Henry. Due to increased visitation at the lake and the resulting increase in trash volume, the cost has risen from $5,976 per year to $7,055 per year. Staff recommended that the City contract with West Texas Centers of MHMR be renewed to continue trash collection service at Lake Alan Henry. (29.) Resolution No. 6280 authorizing the Mayor to execute an amendment to the engineering agreement between the City of Lubbock and Delta Airport Consultants, Inc. RESOLUTION NO. 6280 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 Amendment No. Three for professional engineering services and supervision of improvements at Lubbock International Airport, by and between the City of Lubbock and Delta Airport Consultants, Inc., and related documents. Said Amendment No. Three is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting April 22, 1999 Page 289 Passed by City Council this 22nd day of April, 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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of Amendment No. 3 is filed with Resolution No. 6280. Following the final inspection for the Runway 17R-35L Keel Reconstruction Project the project engineers, Delta Airport Consultants, noted hairline cracking on 25 of the 1,390 concrete panels that were installed on the project. While the incidence of cracking is low relative to the scope of the project (1.8 percent of the panels that were installed), the engineers recommended that the contractor replace the panels prior to final acceptance. The contractor, Duininck Brothers of Grapevine, Texas, responded with a request that they be allowed to seal the cracks rather than replace the panels. In subsequent negotiations, it was agreed between the parties that additional testing was needed to determine which course of action would result in the best value to the City. The FAA agreed that testing was an acceptable way to resolve the issue prior to closing the project. The testing will require an amendment to Delta's professional services contract in an amount not to exceed $18,700. There is approximately $180,000 remaining in the project budget as a result of construction savings. The source of the funding is 90% FAA entitlement funds and 10% from Passenger Facility Charge funds. This amendment represents a 3.2 % change in the amount of the engineering services agreement. The FAA has reviewed and approved the amendment. Staff recommended approval. The Airport Board has reviewed the amendment and also recommended approval. (30.) Resolution No. 6281 to approve Change Order #2 to Bid #98120, Lubbock Municipal Coliseum Roof Renovations. MIR Regular City Council Meeting April 22, 1999 Page 290 RESOLUTION NO. 6281 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 #2 for Lubbock Municipal Coliseum roof renovation, by and between the City of Lubbock and A. D. Willis Company, Inc. Said Change Order #2 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 22nd day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/Gary Smith Gary Smith, Facilities 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. 6281. This project provides for the reroofing of the Lubbock Municipal Coliseum. The City entered into a contract with A. D. Willis Company, Inc. on August 13, 1998 to provide construction services. The original contract amount was $1,216,260. Previously approved change order #1 deleted rib works and other related construction works valued at ($8,660.87). The project's construction budget is $1,717,000. Change Order #2 is for additional charges due to the deteriorated condition of the roof and deck, as more decking had to be replaced than originally planned. Change orders require Council approval if they exceed 25 % of the original contract or exceed $25,000. This change order is a 17.4% increase over the original contract amount; however, the dollar amount is $211,108.80. Amended project is still under budget. After reviewing the contractor's proposal, Facilities Management and the architect, Joe D. McKay, feel that the charges are reasonable and justifiable. Facilities Management recommended the award of this contract change order. (31.) Resolution No. 6282 authorizing the Mayor to execute an architectural services agreement with Parkhill, Smith & Cooper, Inc. for Fire Station #15 related to the Public Safety Improvement Plan. 290 Regular City Council Meeting April 22, 1999 Page 291 RESOLUTION NO. 6282 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 architectural services for Fire Station #15, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. 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 22nd day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/Gary Smith Gary Smith, Facilities Manager APPROVED AS TO FORM: /s/William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6282. As part of the recent annexation of approximately eleven square miles of land in southwest Lubbock, the City of Lubbock will be adding an additional Fire Station to serve the area. As part of the Lubbock Fire Department's Public Safety Improvement Plan, the City of Lubbock hired Parkhill, Smith & Cooper (PSC) to provide A&E services for three previous fire stations and the Fire Administration Complex. Due to PSC's familiarity with the standard station design and the time frame involved, Facilities Management negotiated an Architectural Services Agreement in the amount of $28,000 for Fire Station #15. The construction budget for this Fire Station is $840,000. The Architectural Services Agreement has been approved by Facilities Management, Fire Department and City Attorney staff. The cost of basic Architectural Services amounts to $28,000, or 3.3 % of the total estimated construction cost $840,000, a reasonable percentage for this type of project. Staff recommended that this resolution be approved. (32.) Resolution No. 6283 authorizing the Mayor to sign two contracts with Texas Department of Economic Development for Defense Economic Adjustment grant for receipt of $2 million for the Texas Tech Wind Science and Research Center. 291 Regular City Council Meeting April 22, 1999 Page 292 RESOLUTION NO. 6283 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 Department of Economic Development to provide economic development assistance to the Texas Tech Wind Science and Research Center. 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 22nd day of April, 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 Officer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6283. The City of Lubbock and Texas Tech University applied to the Texas Department of Economic Development for a grant from the Defense Economic Adjustment Grant program. This grant is for the Wind Science and Research Center. The contract with the Texas Department of Economic Development will allow dispersal of the grant funds. Staff recommended approval of the resolution authorizing the Mayor to sign the contracts with the Texas Department of Economic Development. (33.) Resolution No. 6284 authorizing the Mayor to sign an interlocal agreement with Texas Tech University for the Defense Economic Adjustment Grant funds implementation. RESOLUTION NO. 6284 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an interlocal agreement by and between the City of Lubbock and Texas Tech University to provide economic development assistance to the Texas Tech Wind Science and Research Center. Said Interlocal Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 292 Regular City Council Meeting April 22, 1999 Page 293 Passed by City Council this 22nd day of April, 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 Officer 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. 6284. The City of Lubbock and Texas Tech University applied to the Texas Department of Economic Development for a grant from the Defense Economic Adjustment Grant program. This grant is for the Wind Science and Research Center. This grant application was approved. The interlocal agreement between Texas Tech University and the City of Lubbock will allow the implementation of the grant funds dispersal. Staff recommended approval of the resolution authorizing the Mayor to sign the interlocal agreement with Texas Tech University. (34.) Resolution No. 6285 authorizing the Mayor to sign a contract with Texas Tech University for Defense Economic Adjustment grants for the Wind Science and Research Center. RESOLUTION NO. 6285 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 Tech University to provide economic development assistance to the Texas Tech Wind Science and Research Center. 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. 293 Regular City Council Meeting April 22, 1999 Page 294 Passed by City Council this 22nd day of April, 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 Officer APPROVED AS TO FORM: /s/William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6285. The City of Lubbock and Texas Tech University applied to the Texas Department of Economic Development for a grant from the Defense Economic Adjustment Grant program. This grant is for the Wind Science and Research Center. This grant application was approved. The contract with Texas Tech University will allow dispersal of those grant funds. Staff recommended approval of the resolution authorizing the Mayor to sign the contract with Texas Tech University. (35.) Resolution No. 6286 concerning the use of proceeds of revenue bonds issued by the Lubbock Education Facilities Authority, Inc. to fund construction of education facilities on the Lubbock Christian University campus, and related costs, and take appropriate action. RESOLUTION NO. 6286 A RESOLUTION APPROVING THE ISSUANCE OF BONDS BY LUBBOCK EDUCATIONAL FACILITIES AUTHORITY, INC. TO ASSIST LUBBOCK CHRISTIAN UNIVERSITY AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Section 53.35(b) of the Texas Education Code, as amended, authorizes the creation and organization of nonprofit educational facility corporations to act as duly constituted authorities and instrumentalities of cities for the purpose of aiding institutions of higher education, secondary schools, and primary schools in providing educational facilities and housing facilities and facilities incidental, subordinate or related thereto or appropriate in connection therewith; and WHEREAS, the Higher Education Authority Act, Chapter 53, Texas Education Code (the "Act"), authorizes such nonprofit educational facilities corporations to issue revenue bonds and notes and to utilize the proceeds from the sale of such obligations to pay all or a part of the cost of one or more projects pursuant to the provision of the Act; and 294 Regular City Council Meeting April 22, 1999 Page 295 WHEREAS, in order to promote and carry out the public purposes set forth in the Act, the City Council (the "Governing Body") of the City of Lubbock, Texas (the "City"), has approved the creation of a nonprofit corporation under the Act to be designated and known as Lubbock Educational Facilities Authority, Inc. (the "Corporation"); WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Corporation conducted a public hearing on March 25, 1999 at 5:30 p.m., following reasonable public notice, with respect to the issuance of bonds by the Corporation in an amount not to exceed $12,000,000 to assist Lubbock Christian University (the "Bonds"); WHEREAS, in order to satisfy requirements of the Code, it is necessary for the City, by and through its applicable elected representative, as defined in the Code, to approve the issuance of the Bonds following the holding of a public hearing; WHEREAS, pursuant to Section 1.3 of the Corporation's bylaws, no issue of bonds shall be sold and delivered by the Corporation without a written ordinance or resolution of the Governing Body approving the issuance of the bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT: Section 1. In compliance with Section 147(f) of the Code and Section 1.3 of the bylaws of the Corporation, the Governing Body of the City hereby approves the issuance of revenue bonds by the Corporation in an amount not to exceed $12,000.000 to (1) obtain funds for Lubbock Christian University to finance or refinance the cost of constructing, renovating, acquiring, and equipping educational facilities, housing facilities, and facilities incidental, subordinate, or related thereto or appropriate in connection therewith, including: renovation of three existing residence halls, construction of new student residence facilities, construction of a multi -use center to be known as Rip Griffin Center, and refinancing of existing debt used to acquire, construct and improve existing educational and housing facilities on the Lubbock Christian University campus, (2) set aside certain funds for the payment and security of the Bonds, and pay certain expenses in connection with issuance of the bonds. Section 2. The Governing Body of the City hereby finds, determines, recites and declares that the obligations of the Corporation shall not be deemed an indebtedness, liability, general, special or moral obligation or pledge or loan of the faith or credit or taxing power of the State of Texas, the City or any other political subdivision or governmental unit, nor shall such obligations constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, or an agreement, obligation or indebtedness of the City or the State of Texas within the meaning of any constitutional or statutory provision whatsoever. Section 3. By the adoption of this Resolution, the City assumes no responsibility for any costs or expenses incurred in connection with the issuance of any obligations by the Corporation to finance and/or operate its program. 295 Regular City Council Meeting April 22, 1999 Page 296 Section 4. The Governing Body of the City has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, place, and hour of this meeting and of the subject of this resolution was posted for at least seventy-two (72) hours before this meeting was convened; that such notice was posted on a bulletin board located at a place convenient to the general public in the City Hall of the City of Lubbock, Texas; that such place was readily accessible to the general public at all times from the time of each such posting until this meeting was convened; and that this meeting has been open to the public at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon; all as required by the Open Meetings Act, Chapter 552, Texas Government Code, as amended. The Governing Body of the City further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. Should any portion or part of this resolution be held for any reason to be invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect and to this end all provisions of this resolution are hereby declared to be severable. Section 6. This resolution shall be passed finally on the date of its introduction and shall take effect immediately upon its passage. Passed by City Council this 22nd day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/Betsy Bucy Betsy Bucy, Director of Finance APPROVED AS TO FORM: /s/Anita E. Burgess Anita E. Burgess, City Attorney The Lubbock Education Facilities Authority, Inc. proposes to issue revenue bonds in an amount not to exceed $12,000,000 to finance capital improvements in education facilities on the Lubbock Christian University Campus. The bonds will be the obligation of Lubbock Christian University and will not be any obligation of the City of Lubbock. As this issuance of debt will benefit a local educational facility and will be the obligation of the facility, staff recommended passage of this resolution. (36.) Resolution No. 6287/RFP #98243--Predictive Maintenance and Instrument Inspection (Various Departments) 296 Regular City Council Meeting April 22, 1999 Page 297 RESOLUTION NO. 6287 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 Predictive Maintenance Services Contract between the City of Lubbock and Instrumentation Services, Inc., 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 22nd day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR /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 Contract is filed with Resolution No. 6287. This contract is for predictive maintenance, instrument inspection, cleaning, and calibration at selected sites within Water Utilities and the LP&L Holly Plant. Predictive Maintenance incorporates the use of vibration analysis, motor circuit analysis, infrared thermography, and oil analysis to identify problems and provide solutions before equipment fails or exhibits symptoms detectable by eye or ear. Identifying these conditions before catastrophic failure results in significant cost savings due to reduced or eliminated process downtime, lowered severity of repair, and reduced labor cost. Proposals were submitted by: Brandon and Clark, Inc. of Lubbock, Texas Instrumentation Services, Inc. of Charlotte, North Carolina 297 Regular City Council Meeting April 22, 1999 Page 298 Evaluation criteria used by the selection committee included: • Methodology, management approach and techniques • Qualifications and experience of the personnel assigned to the project • Responsiveness to the RFP • Availability during project • Firm's experience, qualifications and history • Cost of project Instrumentation Services received the highest score of 313, compared to Brandon and Clark's score of 230. All evaluation committee members ranked Instrumentation Services higher than Brandon and Clark. There are adequate funds budgeted in Water Utilities and LP&L Equipment Maintenance, Safety and Repairs, and Professional Services for this project. Staff recommended award of contract to Instrumentation Services, Inc. of Charlotte, North Carolina. The total project amount will be $79,598 annually. (37.) Resolution No. 6288/Bid #99053--Pre-Emergent Herbicide Application (Park Maintenance) RESOLUTION NO. 6288 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 Parkland and City of Lubbock Cemetery Herbicide Contract between the City of Lubbock and Lester Humphrey Pest Control, Inc., 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 22nd day of April, 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 Regular City Council Meeting April 22, 1999 Page 299 A copy of the Contract is filed with Resolution No. 6288. This bid is for the application of pre -emergent herbicide on selected park properties and the cemetery. The herbicide will be used to control summer grassy and broadleaf weeds such as grass burrs, green foxtail, spurge and numerous other weeds. Pre -emergent herbicide application should result in improved turf appearance and reduced problems associated with stickers and seed heads that stick to clothing. The Facilities System Improvement -Pesticide Program budget amount is $187,611. The low bid is $61,695.85 from Lester Humphrey Pest Control of Lubbock, Texas. (38.) Bid #99057--Agricultural Seed, Annual Pricing (Land Application Site) This bid establishes annual pricing for the purchase of agricultural seed to be used at the Land Application Site. Under TNRCC regulations, the Land Application Site is required to follow a strict cropping plan in order to dispose of treated effluent on the farm. The agricultural seed is for summer and winter forages that will be utilized by the cattle grazing contract. The Land Application - Botanical Supplies budget amount is $80,000. The low bids are from the following companies: Richardson Seeds, Inc. of Lubbock $34,399.11 Kelly Green Seeds, Inc. of Farwell 43,785.00 Jose Wheat Grass is in very short supply at this time. Therefore Item 5 on the tabsheet needs to be purchased from both of the low bidders in order to obtain the total quantity needed. (39.) Bid #99061--Utility Bodies and Lift Gates (Fleet Services) This bid is for the purchase of equipment to be installed on cab and chassis for various departments. The Capital Outlay -Motor Vehicle budget amount is $169,462. The low bids are from the following companies: J&B Trailers & Equipment of Lubbock $26,402.00 American Equipment & Trailer of Lubbock 13,776.00 (40.) Bid #99062--Paper, Six -Month Pricing (Print Shop) This bid establishes six-month pricing for a variety of papers used primarily for forms and photocopying in the City of Lubbock Print Shop and department copiers. This bid also provides for a six-month extension at the same prices, terms, and conditions upon mutual agreement between the supplier and the City of Lubbock. 299 Regular City Council Meeting April 22, 1999 Page 300 The Print Shop Cost of Goods Sold budget amount for this item is $43,500. The low bids are from the following companies: Gulf Coast Paper Company of Lubbock $39,143.35 Baker Office Products of Lubbock 3,592.40 Mayfield Paper Company of Lubbock 164.00 Standard Register of Lubbock 106.00 (41.) Resolution No. 6289/Bid #99063--Fertilizer Application (Park Maintenance) RESOLUTION NO. 6289 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 Parkland Fertilizer Application Contract between the City of Lubbock and Kitten Fertilizer & Supply, Inc., 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 22nd day of April, 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/John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 6289. This bid is for the application of fertilizer on all Class A, B, and C parks, for the 1999-growing season. Class A and B parks will receive four applications and Class C parks will receive three applications of fertilizer. Fertilizer is needed to promote healthy and vigorous turf growth. Fertilization timing, rain and irrigation all help improve the quality of turf in the parks. The Park Maintenance -Botanical Supplies Budget amount for this item is $96,000. The low bid is $95,420 from Kitten Fertilizer & Supply Inc. of Slaton, Texas. 300 Regular City Council Meeting April 22, 1999 Page 301 (42.) Bid #99086--Nash Vacuum Pump Repair Parts (Electric Production) This is a sole source procurement of parts to repair two Nash vacuum pumps that are installed at Holly Plant steam unit No. 2 that maintain turbine condenser vacuum. These pumps have gradually corroded and need to be rebuilt. The repair parts are required to completely restore one of the pumps immediately to avoid limiting the load capability of Holly 2 during the summer peak period. The Electric Maintenance -Electric System Class II budget amount is $30,000. The low bid is $27,505 from The Nash Engineering Company of St. Peters, Missouri. (43.) Bid #99087--Replacement of LM 2500 Gas Turbine Nozzle (Electric Production) This bid is for the purchase of gas turbine nozzles for the General Electric LM 2500 Gas Turbine at Brandon Station. This gas turbine was taken out of service on March 26 for replacement of the power turbine section. Upon disassembly, a number of high-pressure turbine first and second stage nozzle segments were found to be unserviceable and needed to be replaced. The Lubbock Power & Light -Brandon Maintenance budget amount is for this item is $152,000. The low bid is $150,135 from Aviation Power & Marine of Boca Raton, Florida. (44.) Bid #99092--Brandon Station LM 2500 Gas Turbine Repair (Electric Production) This is a sole source procurement for the repair of a nozzle ring assembly for the LM 2500 gas turbine at Brandon Station. During the course of the power turbine replacement outage which commenced March 26, unserviceable sealing shroud segments were discovered in the HP Stage 2 Turbine, requiring shipment of this nozzle ring assembly to S&S Energy Product's LM 2500 overhaul facility in Houston. On arrival, additional parts were also found to be required to complete the repair. The Electric Maintenance -Electric System Class II budget amount for this item is $70,000. The low bid is $60,000 from S&S Energy Products of Houston, Texas. 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 (45.) Ordinance No. 10156/Zone Case No. 2841 (1718 Avenue F): Request of Bonner Bennett for zoning change from IHC to IHC Specific Use (for Depot District standards) on Lots 11-13, Block 216, Original Town Addition (first reading). 301 Regular City Council Meeting April 22, 1999 Page 302 ORDINANCE NO. 10156 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2841; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE ZONING FOR DEPOT DISTRICT STANDARDS ON LOTS 11-13, BLOCK 216, ORIGINAL TOWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:13 a. m. Bonner Bennett appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:14 a. m. The proponent owns a structure north of the Depot. The request is to expand the zone case referred to as the Phase I - Depot District, and allow the same standards as property to the west and south. Adjacent land uses: North - commercial South - commercial East - commercial West - commercial The request is consistent with the Comprehensive Land Use Plan. The parcel is located within an area considered as the Phase II of the Depot District by the property owners association. Zone Case 9656 set standards in the current district for: 1. Permitted uses 2. IHC Development standards and site plan review 3. Parking off -site 4. Allows non -conforming to expand The proposal should have little effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following conditions (stated from Ordinance 9656): 1. That permitted uses include: a. All IHC permitted uses. b. The following residential uses: (1) Studio apartments (2) Loft or similar living quarters as a part of a commercial structure. C. The following M-1 District permitted uses: (1) Glassblowing (2) Ornamental iron works (3) Microbrewery 302 Regular City Council Meeting April 22, 1999 Page 303 2. That development requirements shall be consistent with IHC standards for front, side and rear yards; projections into required yards; lot width; lot area; lot coverage; floor area ratio; height; except that there shall be no minimum separation requirements for any bar, cocktail lounge, private club, night club or dance property on any other bar, cocktail lounge, private club, night club or dance hall. 3. That off-street parking requirements shall meet the provisions of the City of Lubbock Code of Ordinances, Interstate Highway Commercial District, Section 29-23.2, except that gamerooms and bars or night clubs shall meet a 1:100 parking ratio. All required parking spaces shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of a permitted use or building, the required additional spaces may be located a distance not to exceed 1100 feet from the property. Off -site parking shall be either owned or secured with a letter of agreement on file in the City of Lubbock Planning Department. 4. That new development and/or redevelopment shall be according to guidelines established within the City of Lubbock Code of Ordinances, Interstate Highway Commercial District, Section 29-23.2; for site plans Section 29-23.3(m); for site plan review process Section 29.23.4(n); for development standards Section 29-23.3(o); and for vision clearance Section 29-23.2(p). 5. That existing nonconforming businesses shall be allowed to expand within the guidelines of the Interstate Highway Commercial District. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10156 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (46.) Zone Case No. 2709-A (1701 Buddy Holly Avenue): Hold a public hearing to consider the request of Ron Mercer (for Worklink, Inc.) for zoning change from IHC Specific Use (for Depot District standards) to IHC Specific Use (for a homeless shelter) on Lots 1 and 2, Block 215, Original Town Addition, and to consider ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to continue this item until the May 13, 1999 City Council Meeting. Motion carried: 5 Yeas, 0 Nays. (47.) Ordinance No. 10157/Zone Case No. 2843 (south of 82nd Street and west of Frankford): Request of Hugo Reed and Associates (for Lubbock Land Company) for zoning change from C-2 and R-1 to C-3 and C-2 on a portion of land out of Section 28, Block AK(first reading). 303 Regular City Council Meeting April 22, 1999 Page 304 ORDINANCE NO. 10157 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2843; A ZONING CHANGE FROM C-2 and R-1 TO C-3 and C-2 ZONING ON THREE TRACTS OF LAND OUT OF SECTION 28, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:17 a. m. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Lubbock Land Company. No one appeared in opposition. Mayor Sitton closed the hearing at 11:19 a. m. The proposal is to extend commercial zoning west along 82nd Street from Homestead to Iola. Adjacent land uses: North - zoned for church use South - residential East - commercial West - residential, undeveloped The proposal represents a minor deviation for the policy about location of commercial in the Comprehensive Land Use Plan. To refresh the memory, that policy indicates a ten -acre site, 660 feet by 660 feet square, be allocated for commercial at the corner of intersecting thoroughfares. The policy creates a forty -acre allotment at each mile intersection. The process of development in this area has changed the policy discussion for this corner: The demand for residential created less commercial adjacent to 82nd east of Frankford, with a strip remaining on each side. The playa on the northwest corner caused a design issue along 82nd within the Pheasant Run Subdivision that precluded "normal" residential design, resulting in the school and church locations. The allotment of 40 acres, while extended east/west, remains substantially intact on this corner. So long as there is agreement on the fact that the normal, square ten -acre block is standard policy, with no intention to create a change for that policy, then this deviation is not out of line. The property to the north is zoned (and partially built) for church use, and the proposed commercial will not be across from any residential. The single greatest zoning or site related issue for discussion is the future number of curb cuts on 82nd. One of the driving forces for the 10-acre/40-acre "square" development pattern at intersections is to avoid strip commercial with a drive cut every 50 feet. The primary function of 82nd Street is to move citizens from point A to point B. 34th Street illustrates the full effect of strip commercial with too many curb returns. The proponent has requested a condition that limits this 1,340 feet to a maximum of one drive cut per 100 front feet. Through site development we will encourage even fewer. This interval should help avoid excessive congestion on 82nd. CI Regular City Council Meeting April 22, 1999 Page 305 The Planning and Zoning Commission recommended approval of the request subject to the following condition: The property shall have no more than one curb return for each 100 feet along 82nd Street. 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 McDougal to pass on first reading Ordinance No. 10157 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (48.) Zone Case No. 2844 (4424 35th Street): Hold a public hearing to consider the request of Dan Wood for zoning change from R-2 to C-4 limited to an automotive repair shop on Lot 16 and the east 92.5 feet of Lot 15, Block 1, College Heights Addition, and to consider ordinance. Mayor Sitton opened the public hearing at 11:24 a. in. Dan Wood appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:33 a. in. The proponent operates a non -conforming auto repair business on 34th Street, and owns these two vacant lots south of the business on 35th Street. Adjacent land uses: North - commercial _ South - residential and a church East - residential West - church The proposal does not conform to the policies of the Comprehensive Land Use Plan. As submitted, the proposal had no element of buffering from the adjacent residential and would encourage commercial traffic on a residential street. Prior to and during the meeting, the proponent made several requests for conditions that satisfied the adjacent property owners. Two of the adjacent owners were present, Mr. Hueckel and Mr. Garrett. A written reversal of opposition from the adjacent church was submitted. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. The property shall have a 6-foot solid wood screening fence along the full southern length and both sides. The fence along 35th Street shall have a 15-foot front setback. 2. There shall be no driveway from 35th Street. Access shall be from the north across the alley. 3. No commercial structure on these lots may have a vehicular opening facing south, east or west. Vehicular access shall be on the north building face. Glass brick windows and pedestrian doors are acceptable on the south, east or west walls. 305 Regular City Council Meeting April 22, 1999 Page 306 4. Any change of business other than auto repair shall require a zone change request. Randy Henson, Senior Planner, presented staff comments Initially, the staff did not support the request. While the two lots would most likely not be developed as residential in the near term, commercial encroachment is seldom an asset. Because the adjacent owners agreed to the use with the conditions, the staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass this ordinance on first reading as recommended by staff. Motion failed: 3 Yeas, 2 Nays (a vote of 4 Yeas is required to pass zoning changes). Mayor Sitton and Councilmember Nelson voted Nay. After Council reconvened at 1:13 p. in. following lunch, motion was made by Councilmember Cooke, seconded by Councilmember McDougal to reconsider this item and continue it until the May 13, 1999 City Council Meeting. Motion carried: 4 Yeas, 0 Nays. Mayor Sitton was absent when Council reconvened. (49.) Ordinance No. 10158/Zone Case No. 1846-A (2025 and 1901 Akron): Request of Lubbock County (for Lubbock County Juvenile Justice Center) for zoning change from A-2, C-3 and R-1 to A-2 limited to a youth center on Tracts A, B and B-3, Youth Center Addition (first reading). ORDINANCE NO. 10158 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1846-A; A ZONING CHANGE FROM A-2, C-3 and R-1 TO A-2 ZONING LIMITED TO A COUNTY YOUTH CENTER ON TRACTS A, B AND B-3, YOUTH CENTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:43 a. in. County Commissioner Gary Schwantz appeared on behalf of Lubbock County. No one appeared in opposition. Mayor Sitton closed the hearing at 11:44 a. in. The proposal will bring all the County owned property in line with the Juvenile Center operations. Adjacent land uses: North - Loop 289 South - residential zoning, mostly vacant East - industrial West - Canyon Lake Project The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. 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. 306 Regular City Council Meeting April 22, 1999 Page 307 Motion was made by Councilmember Nelson, seconded by Councilmember Ince to pass on first reading Ordinance No. 10158 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (50.) Ordinance No. 10159/Zone Case No. 2845 (7336 and 7340 82nd Street): Request of Benny Nixon Trustee for zoning change from T to IHC on Lots 1A and 2A, A&O Addition (first reading). ORDINANCE NO. 10159 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2845; A ZONING CHANGE FROM T TO IHC ZONING ON LOTS lA AND 2A, A&O ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:46 a. in. Benny Nixon appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:47 a. in. The proponent owns two lots in an area developed outside the City, now in the City by the recent annexation. Adjacent land uses: North - residential South - commercial East - commercial West - commercial The proposal is consistent with the Comprehensive Land Use Plan policy for commercial zoning. Although the Commission and Council have not adopted an amended plan for the annexed area, our existing plan extended our commercial policy guidelines into the ETJ. An updated document is being prepared. The IHC District best fits the style of adjacent commercial development. The proposed district will allow heavier uses while requiring suitable exterior construction materials. The proposal will have no additional 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 Nelson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10159 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Councilmember Ince voted Nay. (51.) Ordinance No. 10160/Zone Case No. 2842 (3802 82nd Street): Request of Poka Lambro PCS for zoning change from R-1 to R-1 Specific Use for a communications tower on Lot 404, Melonie Park South Addition (first reading). 307 Regular City Council Meeting April 22, 1999 Page 308 ORDINANCE NO. 10160 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2845; A ZONING CHANGE FROM T TO IHC ZONING ON LOTS 1A AND 2A, A&O ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:00 Noon. Jerry Stevens appeared on behalf of Poka Lambro PCS. Debbie Young, representing the Melonie Park South Homeowners Association, appeared in opposition and presented a petition from the association opposing the zone change. Mayor Sitton closed the hearing at 12:14 p. m. PLANNING STAFF COMMENTS: The proposed use is an 80-foot monopole cellular/PCS Tower. The adjacent land use is a City water storage site. The site plan indicates the tower is to be located behind the pump station, as far away from Memphis Avenue as possible and still remain behind the structure of the station. The property is currently zoned R-1 and R-2, but the activity is "public use" so the property has not been rezoned. The tower ordinance encourages location in non- residential areas that fit the description of this site. None of the property west of Memphis and south of the playa is slated for residential use. The property next door to the west is zoned C-2 and will eventually be commercial. 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 in writing, and the response to the proponent must be in writing if the request is denied. 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. One person inquired during the Planning Commission meeting if the tower can be disguised. It is very difficult to disguise any object this tall. This is a single pole proposal with no guy wires, which is more aesthetically pleasing than the three and four legged towers. This is the least structural element that will provide the height required. 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. This tower will not have lights or a strobe. The towers are required to be capable of carrying a minimum of two uses (co -locatable). To create the required written record for the Council, following are the edited results of the Planning and Zoning Commission public comments: 010 Regular City Council Meeting April 22, 1999 Page 309 DAVE HAGEMEN, 5701 93rd Street, representing Poka Lambro, stated the company has reached maximum capacity on its present system. This tower will allow them to add additional subscribers. Many locations were considered but this location is best suited to their technical needs. The City owns the property and Poka Lambro felt they could work with the City on the project. The proposed tower is only 80 feet tall. Because of an existing system, this pole does not have to be any taller to provide the necessary capacity. If this were a new system, the pole would have to be twice as tall. DANNY WILLIAMS, 7901 Glenhaven Avenue, spoke in OPPOSITION to the request. Mr. Williams is the president of Melonie Park South Homeowner's Association and was speaking as a homeowner and all concerned residents in the area. He recently was informed about the proposal from a resident who had received notice from the City. In checking with the neighbors, it was determined that only nine residents on the west side of the 7900 block had received notification. The neighbors strongly oppose the zoning change and the erection of the tower. The main concerns are the appearance of the tower, the effect on property values and the possibility of harmful emissions. There are already large transformer lines running down both sides of Memphis Avenue. The utilities in the area are run underground, which enhance the aesthetics of the neighborhood. This tower will threaten that advantage. KEN PHILLIPS, 4314 49th Street, stating he was not a resident of the area, noted that other cities are requiring decoration on their towers to disguise the appearance. PAUL GOEBEL stated that staff would address this comment during their presentation. CHRIS CARPENTER, 3907 75th Place, spoke in OPPOSITION to the request. Mr. Carpenter is the president of King's Park Homeowner's Association. He received a call from Mr. Williams asking if he was aware of the proposal. Mr. Carpenter was unaware of the request. There is a row of houses on 77th Street that backs up to the lake. The residents face that area and will have to look out on the tower and see the lights and the strobes. The neighbors are in strong opposition to this request and Mr. Carpenter asked all opposing neighbors in the audience to stand. (Several people stood up.) Mr. Carpenter noted that several more people would have been in attendance if they had received notice. PAUL GOEBEL asked Mr. Hageman how much flexibility he had in filling that gap of coverage. Mr. Hageman replied they have about a quarter of a mile radius where the pole could be located. They looked at the area around 82nd and Quaker. There is a taller building at that location with several providers already on the roof. The FCC is coming out with rules that make it more difficult to place antennas on rooftops. Poka Lambro does not know if there is any space left on this site but one proposal for rezoning to accommodate a tower in this area has been denied. A gentleman in the audience asked the proponent if it would be possible to locate a taller tower south of 98th Street that would provide coverage in this area. Mr. Hageman replied they have a tower located at 106th and Quaker, one close to the mall, and one at the Science Spectrum. The technology required for cell towers is unique; these three existing towers are tall and provide a triangle of coverage. The interior of this triangle is overloaded. The problem is Poka Lambro runs out of channel capacity during peak times. In response to other questions, Mr. Hageman stated the FCC requires tests to be run on the tops of buildings 309 Regular City Council Meeting April 22, 1999 Page 310 where this type of equipment exists to determine the extent of controlled and uncontrolled emissions. The type of radiation emissions in this situation refers to radio frequency, not the type associated with cancer. The proponent has not presented any other tower request to the Commission in this particular area. The only other site that might meet their needs is across the street on the south on vacant lots. The company is sensitive to the neighborhood and the best location is in some out of the way place. The tower at this proposed location will be behind the structure surrounded by a fence. Some open areas in Lubbock are not feasible due to flood plain situations. PAUL GOEBEL commented that the Board has heard several cases of this nature and echoing Mr. Henson's comments, stated the technology is necessary. The community reaps the benefits of this service. It is a situation where we want the technology but are not willing to pay the price. Mr. Hageman commented that it is difficult to disguise a tower. The pole they propose is a straight tapered pole resembling an electric pole. The height is as minimal as possible. The electric poles along 34th Street are over 90 feet in height with a 2.5-foot width. The proposed tower is comparable to those poles, only shorter. The wooden poles along 82nd Street are over 60 feet tall. RAMON GALLEGOS thanked the neighborhood for its attendance and commented that if the Commission approved the request, the neighbors have the opportunity to voice their concerns to City Council before a final decision is made. Mr. Gallegos asked those in the audience with cell phones to stand. (Several people stood.) He reiterated previous comments about wanting to use the phones but not wanting the towers. One audience member expressed concern that this location was chosen because very few property owners had to be notified, and that the company has not looked at all of their options. Mr. Goebel reiterated that notice was sent according to the City's requirements. 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. 10160 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. FINANCIAL SERVICES (52.) Resolution No. 6290 approving and authorizing publication of (i) notice of intention to issue certificates of obligation and (ii) notice of sale with respect to such certificates of obligation for the City of Lubbock's share of Phase II of the Canadian River Municipal Water Authority (CRMWA) North Panhandle Project. 310 Regular City Council Meeting April 22, 1999 Page 311 RESOLUTION NO. 6290 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas has determined that certificates of obligation should be issued in accordance with the provisions of V . T. C . A. , Local Government Code, Subchapter C of Chapter 271, for the purpose of paying all or part of the City's obligations incurred by contract for interest in and rights to water in connection with a water supply and transmission project to be constructed by the Canadian River Municipal Water Authority, and to pay contracts for professional services rendered in connection with such project and the financing thereof; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such certificates of obligation; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $26,000,000 for the purpose of paying all or part of the City's obligations incurred by contract for interest in and rights to water in connection with a water supply and transmission project to be constructed by the Canadian River Municipal Water Authority, and to pay contracts for professional services rendered in connection with such project and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Waterworks System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2. The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Passed by City Council this 22nd day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary This issuance is necessary to fund the second phase of the North Panhandle Project. The total cost of the project is projected to be approximately $65 million, of which Lubbock's share of approximately 40 % is $26 million. 311 Regular City Council Meeting April 22, 1999 Page 312 This issuance funds the construction portion of the North Panhandle Project. This phase is a continuation of the project that began in 1996 with the purchase of right-of-way along the project path. Betsy Bucy, Director of Finance, presented staff comments. Staff recommended issuance of the certificates. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 6290 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. BOARD APPOINTMENTS (53.) Consider one appointment to the Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Norma Parras to the Public Transit Advisory Board. Motion carried: 5 Yeas, 0 Nays. (54.) Consider two appointments to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Maggie Trejo and J. Q. Warnick to the Zoning Board of Adjustment. Motion carried: 5 Yeas, 0 Nays. 12:30 P. M. COUNCIL RECESSED 1:13 P. M. COUNCIL RECONVENED After Council reconvened, Item No. 48 was reconsidered. 1:15 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke 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 Pro Tern Ince and Councilmembers Cooke, McDougal, and Nelson).. Read and approved this , City Secretary INDY SITtYON, MAYO 312