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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/13/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 13, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 7th day of May, 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, Councilmember David Nelson, and Councilmember T. J. Patterson CITIZEN COMMENTS No one appeared to express 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 (Community Development); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except for Councilmember Alex "Ty" Cooke. ( 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 (Community Development). (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: Complete Count Committee 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 (Fire Department). 9:35 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Councilmembers Cooke and Hernandez were not present. Regular City Council Meeting May 13, 1999 Page 314 ( 5.) Presentation on Park Evaluation Study by Tommy Gonzalez, Director of Civic Services, and Corbin Pemberton, Assistant to Director of Civic Services. In April 1998, the City Council passed a resolution adopting the Parks, Recreation and Open Space Master Plan which provides a framework for planning and development of improvements to the Lubbock's Park system for a five year period. The Master Plan has been very useful serving as a first step. A list of priorities was given for the park system as a whole; however, the priorities were not broken out for each park. Because of this, staff determined that more detailed analysis and planning is needed to effectively implement the Master Plan. Staff initiated a Park Evaluation Study in order that the City parks could be ranked by the percentage of completed development. The ranking would be used to create the priorities for each park. While other cities were contacted to determine appropriate standards, it was found that no universal standards currently exist. In November 1998 the "tree crew" in the Park Maintenance section began inventorying the trees located throughout the park system. Park Development staff began a physical inventory and site inspection for all parks, exclusive of the Canyon Lakes System. A feasibility study is being completed for the entire Canyon Lakes System; therefore, the parks in that system will be considered separate and apart from the parks outside the Canyon Lakes. Two other crews were involved in data gathering and inspections. The irrigation crew catalogued the condition and layout of the sprinkler systems while two certified playground inspectors inspected and prioritized the scheduled replacement of playground equipment. The percentage of completed development was determined by blending the following standards: minimum amenities per park; recommendations per acre; walking radius per amenity; facility standards (i.e. community parks would have a restroom, whereas a neighborhood park would not); and a maintenance multiplier was used to account for the condition of the amenities. During the Parks Evaluation Study, accessibility deficiencies and safety liabilities were prioritized alongside additional parkland, trees, benches, etc., in a new Five -Year Priority Plan of Anticipated Park Needs. The Priority Plan is detailed to the extent that it complies with the Texas Recreation and Parks Account Program Procedural Guide that will enhance the City's ability to compete for and acquire grant funds for park development. Texas Parks and Wildlife's grant program has two funding cycles per year in which cities are eligible for up to $500,000 in matching funds per cycle. Once adopted, the Priority Plan will be forwarded to Texas Parks and Wildlife so that staff can begin pursuing matching funds in an effort to maximize the available dollars for park development. While the Priority Plan will cover a five year period, Texas Parks and Wildlife requires that it be updated in two years to show progress and to allow the plan to accommodate new priorities as they arise. Therefore, this Priority Plan will be valid until May 2001. Corbin Pemberton, Assistant to Director of Civic Services, made the presentation to City Council on the Park Evaluation Study that was recently completed by Park Development staff. 314 Regular City Council Meeting May 13, 1999 Page 315 (6.) Presentation on revised budget for fiscal year 1998-99 and calendar for 1999-2000 budget by Anna Mosqueda, Director of Management Services. Staff presented the revised budget for Fiscal Year 1998-99 for the General Fund and Enterprise Funds as well as capital projects. A summary and overview by fund was provided with highlights to any major areas of adjustment. In addition, the calendar for the upcoming Fiscal Year 1999-2000 budget reviews was presented. Although the Council review dates have been confirmed on Councilmember calendars, this provided a quick review of the process and dates. Staff recommended approval. A resolution was placed on the Council consent agenda for Council action. 10:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Don Vandiver, First Assistant City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, and Anita Burgess, City Attorney Mayor Sitton called the meeting to order at 10:35 A. M. and introduced Carly Elliot, who was assisting as "Mayor for a Day". (8.) Doug Hale, Minister of Vandelia Church of Christ, gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Zoning Board of Adjustment Receiving: Maggie Trejo J. Q. Warnick CITIZEN APPEARANCES (10.) A. E. "Gene" Quest appeared to present a letter written to the Mayor by Speaker of the House Pete Laney in honor of the 81 trees planted by Mr. Quest, a picture of the Quest Memorial Grove, and to recognize the City of Lubbock as a Tree City USA recipient. National Arbor Day was celebrated on April 30, 1999. The City of Lubbock's Arbor Day ceremony included the recognition of A. E. "Gene" Quest for establishing a memorial grove in 1981 and the subsequent planting of 81 trees. As part of that recognition, Mr. Quest was presented with a framed picture of the memorial grove as well as with a letter from Speaker of the House Pete Laney. The letter, written to Mayor Sitton, commends the work that Mr. Quest has done to plant and preserve trees in Lubbock. 315 Regular City Council Meeting May 13, 1999 Page 316 Realizing the importance of public and private commitment to tree care, Mr. Quest would like for the letter and the picture of his grove to be displayed with the Tree City USA plaque that Mayor Sitton accepted at the Arbor Day ceremony. To that end, Mr. Quest presented the letter and picture to the City Council. The City Council was also presented with a Tree City USA flag that was flown on the May 13 Council day as well as being flown on future Arbor Days. The flag was given to the City of Lubbock for receiving its first Tree City USA award for the municipal tree care program in 1998. After competing for this award for the past three years, Lubbock is now the 41st city in Texas to receive this prestigious award, given in recognition for comprehensive urban forestry programs. This national award, which will now be an integral part of Lubbock's Image Campaign, would not be a reality without the public/private partnerships that have been forged as part of the City's tree program. In addition to Mr. Quest's donations, the Chapman Forestry Foundation has donated the second installment of a five-year program whereby $100,000 worth of trees will be planted in City Parks. Furthermore, the Home Depot recently donated 45 trees that were planted in Mackenzie Park. 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. Tommy Gonzalez, Director of Civic Services, made the formal presentation and introduced Dr. Quest. Councilmember Patterson read the proclamation. A. E. "Gene" Quest presented two framed items to the Council followed by a flag raising ceremony to commemorate the City of Lubbock being designated as a Tree City. (11.) Presentation of a special recognition to Brian Shannon of the Lubbock Regional Mental Health and Mental Retardation Board of Trustees for "Mental Health Month". Each year the City of Lubbock recognizes "Mental Health Month" to increase public awareness of mental illness, mental health, and insurance discrimination against people with mental health problems. This presentation was to also recognize the benefits of the Lubbock Regional Mental Health and Mental Retardation Center in helping the Lubbock community by providing mental health care services and information. Brian Shannon, Chairman of the MHMR Board of Trustees, accepted the special recognition on behalf of the Lubbock Regional MHMR Center and recognized the MHMR staff and volunteers in attendance. This special recognition acknowledged the services of the Lubbock Regional MHMR Center. (12.) Presentation of a special recognition to Carly Elliot, winner of the American Diabetes Association's "A Day with the Mayor". Carly Elliot is an eleven -year old girl who won the bid for "A Day with the Mayor" sponsored by the American Diabetes Association. By winning this fund-raising bid, Carly had the opportunity to observe City 316 Regular City Council Meeting May 13, 1999 Page 317 government and the duties of the Mayor first hand. As part of "A Day with the Mayor", this special recognition was given as a keepsake for her observation and possible participation in this City Council meeting. "A Day with the Mayor" helps educate young people about municipal government while helping raise funds for a non-profit organization. (13.) Presentation of a special recognition to Larry Hertel, President of the Texas Public Works Association, for "Public Works Week". Public works services play an integral part of the everyday lives of Lubbock citizens. The support of an informed citizenry is critical to the efficient operation of public works systems and to programs such as water, sewer, streets and highways, public buildings, and solid waste collection. The quality and effectiveness of these facilities as well as their planning, design and construction are dependent upon the efforts of public works, officials. The ability of the individuals who staff public works departments is influenced by the citizens' attitude and understanding of the importance of the work they perform. Therefore, these professionals asked the Mayor to recognize National Public Works Week. CONSENT AGENDA (Items No. 14 - 28, 31 - 38) Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to approve all items on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (14.) Approval of the minutes of the Regular City Council Meeting of April 22, 1999. (15.) 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 (second and final reading). 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. (16.) 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 (second and final reading). 317 Regular City Council Meeting May 13, 1999 Page 318 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. (17.) 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 (second and final 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. (18.) 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 (second and final reading). 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. 2842; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR A COMMUNICATIONS TOWER ON LOT 404, MELONIE PARK SOUTH ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) Resolutions No. 6291, 6292, 6293, 6294, 6295, and 6296 authorizing the Right -of -Way Department to make offers to ten property owners for six parcels of right-of-way for the East-West Freeway railroad relocation (west of Milwaukee Avenue between 34th Street and 50th Street, west of FM 179 between 19th Street and Erskine Street). RESOLUTION NO. 6291 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: IillN IBII1a:7a 11 318 Regular City Council Meeting May 13, 1999 Page 319 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-19 William R. King and Nell King, Trustees, $14,800 or their successors in Trust, under the King Living Trust, Dated April 17, 1996, and any amendments thereto 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 William R. King and Nell King, Trustees, or their successors in Trust, under the King Living Trust, Dated April 17, 1996, and any amendments thereto BE offered through the Right -of -Way Department of the City of Lubbock the amount of $14,800 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 13th day of May, 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 W 1 • 1 : ` ITCI Siffe Tun /s/ Linda L. Chamales I Linda L. Chamales, Supervising Attorney, Office Practice A copy of Exhibit "A" is filed with Resolution No. 6291. 319 Regular City Council Meeting May 13, 1999 Page 320 RESOLUTION NO. 6292 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-18 Telesforo De La Cruz and $1,800 wife, Ernestina De La Cruz 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 Telesforo De La Cruz and wife, Ernestina De La Cruz BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,800 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. 320 Regular City Council Meeting May 13, 1999 Page 321 Passed by City Council this 13th day of May, 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. 6292. RESOLUTION NO. 6293 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-8 A. Leroy Richardson, and wife, Wanda Judith $30,750 Richardson, Ann Kirksey, and M-Ban Limited Partnership, a Texas Limited Partnership. 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. 321 Regular City Council Meeting May 13, 1999 Page 322 SECTION 4. THAT the owners of the above -described parcel of land being A. Leroy Richardson, and wife, Wanda Judith Richardson, Ann Kirksey, and M-Ban Limited Partnership, a Texas Limited Partnership BE offered through the Right -of -Way Department of the City of Lubbock the amount of $30,750 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 13th day of May, 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. 6293. RESOLUTION NO. 6294 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-6 H. A. Sessions $950.00 322 Regular City Council Meeting May 13, 1999 Page 323 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 H. A. Sessions BE offered through the Right -of -Way Department of the City of Lubbock the amount of $950.00 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 13th day of May, 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. 6294. RESOLUTION NO. 6295 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: 323 Regular City Council Meeting May 13, 1999 Page 324 PARCEL NO OWNER'S NAME AMOUNT IRR-1 H. A. Sessions $68,500 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 H. A. Sessions BE offered through the Right -of -Way Department of the City of Lubbock the amount of $68,500 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. Passed by City Council this 13th day of May, 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. 6295. RESOLUTION NO. 6296 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: 324 Regular City Council Meeting May 13, 1999 Page 325 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-1 (House) James Price $17,000 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 James Price BE offered through the Right -of -Way Department of the City of Lubbock the amount of $17,000 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 13th day of May, 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. 6296. These six 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: 325 Regular City Council Meeting May 13, 1999 Page 326 1 RR-4 - H. A. Sessions; 1 RR-1 - James Price (Improvements only); 1 RR-6 - H. A. Sessions; 1 RR-8 - A. LeRoy Richardson and wife, Wanda Judith Richardson, Ann Kirksey, and M-Ban Limited Partnership, a Texas Limited Partnership; 1 RR-18 - Telesforo De La Cruz and wife, Ernestine De La Cruz; and 1 RR-19 - William R. King and Nell King. Parcels 1 RR-1, 1 RR-1 - (house), and 1 RR-6 are west of Milwaukee Avenue between 34th and 50th Street; parcel 1RR-8 is south of 19th Street and west of FM 179; and parcels 1 RR-18 and 1 RR-19 are west of FM 179 and just south of Erskine. All of these parcels are partial takings. These resolutions requested approval of offers to these property owners for specified parcels. Further, 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 these resolutions. (20.) Resolution No. 6297 authorizing the Mayor to execute Contract No. 51905F-2004 with the Texas Department of Transportation (TxDOT) for the purchase of eight replacement buses. RESOLUTION NO. 6297 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for the purchase of replacement buses, by and between the City of Lubbock and Texas Department of Transportation (TxDOT), 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. 326 Regular City Council Meeting May 13, 1999 Page 327 Passed by City Council this 13th day of May, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox Director of Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6297. The TxDOT Grant is in the amount of $1,000,000 of Federal Transit Administration - Section 5309 Federal Grant Funds. These funds are being provided for capital assistance to the City of Lubbock for the purchase of replacement buses. These funds, along with $737,591 received from an FTA 5307 Grant approved by the City Council at their January 28,1999 meeting, will provide the 80% of the funds needed to replace eight' buses and associated capital parts. The 20% local funds were approved by the City Council as part of the Citibus FY 1998-99 budget. Acceptance of this grant will result in no additional cost to the City of Lubbock. This grant agreement becomes effective on May 1, 1999, and will terminate on August 31, 2000. Citibus staff recommended the approval of Contract No. 5190517-2004. (21.) Consider and vote on approving the acceptance of donated lots at 116 Avenue T, 117 and 119 Avenue V, and 3118 and 3120 Teak Avenue to be used as permanent match to the HOME program for affordable housing. The City Council has previously approved the acceptance of donated houses to be moved and used as permanent match to the HOME Program to promote affordable housing. On April 21, 1998, the Urban Renewal Board approved donated houses to be moved to the following donated lots: Address & Parcel Legal Description 116 Avenue T Lot 8A, Easley Subdivision of Block 20320-39-80 39, Roberts & McWhorter Addition. 117 & 119 Avenue V Lots 15 & 16, Harder Subdivision of 34530-42-15 & 16 Block 42, Roberts & McWhorter Addition. 3118-3120 Teak Lots 5 & 6, Block 53 15760-53-50 & 60 Coronado Addition 327 Regular City Council Meeting May 13, 1999 Page 328 The staff recommendation is to approve the donation of these lots as HOME match to further promote affordable housing. (22.) Resolution No. 6298 authorizing and directing the City Manager to execute for and on behalf of the City of Lubbock an agreement by and between the City of Lubbock and the U. S. Department of Housing and Urban Development for indirect costs. RESOLUTION NO. 6298 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and U.S. Department of Housing and Urban Development for indirect costs. 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 13th day of May, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6298. This agreement is a result of the recommendation of the outside consultant hired to determine the amounts allowed for indirect costs in association with the HUD funding. This review is done on an annual basis, and HUD has acknowledged and accepted the plan with no objections. The plan calls for a final of $60,159 for the 1997/98 year, a provisional $90,242 for the 1998/99, and a fixed $60,159 for 1999-2000. The Community Development Department recommended approval of the agreement. It meets with HUD's approval and regulations. (23.) Resolution No. 6299 authorizing the City Council to approve a contract with the South Plains Food Bank/Breedlove Dehydrated for the 1999 Summer Food Service Program for children, funded by Texas Department of Human Services, and authorizing the Mayor to execute all related documents with the Texas Department of Human Services. 328 Regular City Council Meeting May 13, 1999 Page 329 RESOLUTION NO. 6299 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for the Summer Lunch Program, by and between the City of Lubbock and the Texas Department of Human services, 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 13th day of May, 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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6299. The City of Lubbock Parks and Recreation Department is requesting pass -through funds from the Texas Department of Human Services originating with the United States Department of Agriculture to provide the Summer Lunch Program for Children. The City of Lubbock has participated in the Summer Food Program for the past eight years with positive results. Last year, the Summer Food Program 1998 served over 19,000 Lubbock youth. The program provides a nutritional noon meal for children ages one through 18 each weekday, beginning June 1 and ending on August 13, 1999. Any child is able to participate in the Summer Food Program and receive a free meal at Trejo, Mae Simmons, Clapp/Hodges, and Rawlings Community Centers, and Landwer Party House. An average of more than 600 meals per day will be served from these locations. Both direct and indirect costs for the Summer Food Program are reimbursed through the grant. Direct costs include the contract with the food vendor, consumable supplies, and salaries for food service personnel estimated to be $ 87,438.59. The maximum reimbursable rate is $2.13. Indirect costs include program administration, personnel training, and supplies estimated to be $12,181.11. The maximum reimbursable rate is $0.2225. 329 Regular City Council Meeting May 13, 1999 Page 330 This program is offered in conjunction with the Summer Satellite Program offered by the Parks and Recreation Department through Community Development funding. The program provides a service for the community by providing a nutritious meal for children who would normally participate in a meal program at their school or for those whose parents are unable to prepare a meal for the children. Three food vendors bid on the Summer Lunch program. Two of the three vendors did not register with the State as a food service provider for the Summer Food service program; therefore their bids were invalid. Staff recommended approval of the contract with The South Plains Food Bank/Breedlove Dehydrated to provide nutritional meals to the children of Lubbock for $2.12 per meal. (24.) Resolution No. 6300 adopting the Five -Year Priority Plan of Anticipated Park Needs building on the foundation of the Parks, Recreation and Open Space Master Plan by including accessibility and liability issues identified since the adoption of the Master Plan. RESOLUTION NO. 6300 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 Five Year Priority Plan of Anticipated Park Needs. Said plan 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 13th day of May, 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 Five -Year Priority Plan is filed with Resolution No. 6300. In April 1998, the City Council passed a resolution adopting the Parks, Recreation and Open Space Master Plan which provides a framework for planning and development for improvements to the Lubbock's Park system for a five year period. As with any good planning tool, the intention is to make the Master Plan dynamic. Over the past year, 330 Regular City Council Meeting May 13, 1999 Page 331 several accessibility deficiencies and safety liabilities have been identified and catalogued alongside additional parkland, trees, benches, etc. in a new Five -Year Priority Plan of Anticipated Park Needs. The Priority Plan is based on the Park Evaluation Study that was completed in March 1999. The Park Evaluation Study blended the Master Plan with accessibility and liability issues. The Priority Plan is detailed to the extent that it complies with the Texas Recreation and Parks Account Program Procedural Guide that will enhance the City's ability to compete for and acquire grant funds for park development. Texas Parks and Wildlife's grant program has two funding cycles per year in which cities are eligible for up to $500,000 in matching funds per cycle. Once adopted, the Priority Plan will be forwarded to Texas Parks and Wildlife so that staff can begin pursuing matching funds in an effort to maximize the available dollars for park development. While the Priority Plan will cover a five year period, Texas Parks and Wildlife requires that it be updated in two years to show progress and to allow the plan to accommodate new priorities as they arise. Therefore, this Priority Plan will be valid until May 2001. A new priority plan will need to be adopted at that time. Staff recommended that Council pass the resolution to adopt the priority plan that complies with the Texas Recreation and Parks Account Program Procedural Guide to enhance the City's ability to acquire grants. (25.) Resolution No. 6301 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and Dawson County, Texas. RESOLUTION NO. 6301 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 County of Dawson. 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. 331 Regular City Council Meeting May 13, 1999 Page 332 Passed by City Council this 13th day of May, 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. 6301. 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. Dawson County, Texas brings the total of cities and counties to 28. 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, Dawson 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 Dawson County, Texas. (26.) Resolution No. 6302 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 Sonora, Texas. 332 Regular City Council Meeting May 13, 1999 Page 333 RESOLUTION NO. 6302 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 Sonora. 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 13th day of May, 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. 6302. 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 Sonora, Texas brings the total of cities and counties to 27. 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 Sonora 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 Sonora, Texas. 333 Regular City Council Meeting May 13, 1999 Page 334 (27.) Resolution No. 6303 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and Sterling County, Texas. RESOLUTION NO. 6303 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 County of Sterling. 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 13th day of May, 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. 6303. 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. Sterling County, Texas brings the total of cities and counties to 26. 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, Sterling 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 21" Century or TEA 21. 334 Regular City Council Meeting May 13, 1999 Page 335 Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and Sterling County, Texas. (28.) Resolution No. 6304 authorizing the Mayor to execute a lease agreement with Poka Lambro PCS, Inc. to install a telecommunications tower at a municipal facility at 82nd Street and Memphis Avenue. RESOLUTION NO. 6304 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Poka Lambro P.C.S., Inc. of Lubbock, Texas to lease City property, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 13th day of May, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6304. This lease agreement would allow Poka Lambro PCS to install a telecommunications tower at Pump Station No. 10 (82nd Street and Memphis Avenue). The agreement is for a five-year term with an option to renew for another five-year term. Revenue from the lease will be $6,000 per year with a 20 percent increase after the first term. Staff recommended approval of the lease agreement. (29.) Consider a resolution authorizing the Mayor to execute a lease agreement with Alamosa PCS, Inc. to install telecommunications devices on an elevated storage tank at 50th Street and Joliet Avenue. This item was deleted. 335 Regular City Council Meeting May 13, 1999 Page 336 (30.) Consider a resolution authorizing the Mayor to execute a lease agreement with Alamosa PCS, Inc. to install telecommunications devices on an elevated storage tank at 74th Street and Genoa Avenue. This item was deleted. (31.) Resolution No. 6305 authorizing the Mayor to execute an amendment to an architectural services agreement with Parkhill, Smith & Cooper, Inc. to provide architectural services for the Municipal Square Renovation -Phase II. RESOLUTION NO. 6305 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 to Professional Services Contract and related documents between the City of Lubbock and Parkhill, Smith & Cooper, Inc. to provide architect services for the renovation of Municipal Square facility located at 916 Texas Avenue. 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 13th day of May, 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/ John M. Knight John M. Knight Assistant City Attorney A copy of the Amendment to Contract is filed with Resolution No. 6305. A contract was executed with Parkhill, Smith & Cooper on June 15, 1998 to provide architectural services for Master Plan and Phase I contract documents for the Municipal Square Renovation capital project. Phase I was funded at $1,061,042 in FY 1997-98 and the fees in the contract were agreed upon accordingly. Additional funding for Phase II was provided in FY 1998-99 that amounted to $450,000. Another FY 1998-99 capital project provided $51,000 for renovations to the Information Technology area for the conversion of existing space into offices. To provide drawings and specifications to bid Phase II -- construction budgeted at $501,000--the architectural firm proposed a fee of $39,842. This phase includes enhanced security features as requested by the Police Department and presented to City Council initially. 336 Regular City Council Meeting May 13, 1999 Page 337 The proposed fee and subsequent amendment has been approved by Facilities Management and City Attorney staff. The cost of basic architectural services amounts to $39,842 or 8% of the total estimated construction cost of $501,000, a reasonable percentage for this type of project. Staff recommended that this resolution be approved. (32.) Resolution No. 6306 revising the budget for fiscal year 1998-99. RESOLUTION NO. 6306 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, department, or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1998-99 fiscal year, revised budget of the City of Lubbock attached hereto as Exhibit A is hereby adopted and ordered filed with the appropriate authorities. Passed by City Council this 13th day of May, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Revised Budget is filed with Resolution No. 6306. Staff presented the revised budget for fiscal year 1998-99 for the General Fund and Enterprise Funds as well as capital projects. A summary and overview by fund was provided during work session with highlights to any major areas of adjustment. Staff recommended approval. (33.) Bid #98283--Transit Coaches (Citibus) 337 Regular City Council Meeting May 13, 1999 Page 338 This bid is for the purchase of eight transit buses that are essential to the adequate operations of the transit systems service provided to the citizens of Lubbock and to the Texas Tech University campus. The transit buses will be used in transporting passengers to and from work, shopping, and entertainment as well as transporting Texas Tech students to and from the Texas Tech University campus. These buses include perimeter seating only that allows more room for standing passengers and the ability to carry more people in a single trip. These buses will replace eight 1980 buses. The Citibus budget amount is for this item is $2,680,000. Citibus will fund $434,398 and the Federal Transit Authority will fund $1,737,591 of the purchase. The low bid is $2,171,989 from Nova Bus Incorporated of Hobbs, New Mexico. (34.) Bid #99064--15 kV Metalclad Switchgear (Electric Distribution) This bid is for the purchase of required switchgear for the new LP&L Plains Co-op substation located at East 42nd Street and Guava Avenue. In addition to providing increased distribution capacity to industrial loads in this area, this substation will also provide a third 230kV transmission interconnection with Southwestern Public Service Company. As part of this substation construction, 15,000-volt metal clad switchgear is required to provide circuit breakers and accessories for the protection of outgoing 15,000-volt distribution circuits The LP&L-Plains Co-op Substation budget amount is $300,000. The low bid is $291,995 from ABB Power Transmission & Distribution Company, Inc. of Sanford, Florida. (35.) Resolution No. 6307/Bid #99073--Summer Lunch Program (Indoor Recreation) RESOLUTION NO. 6307 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for the Summer Lunch Program, by and between the City of Lubbock and South Plains Food Bank, 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. 338 Regular City Council Meeting May 13, 1999 Page 339 Passed by City Council this 13th day of May, 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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6307. This bid is for the Summer Lunch Program that provides a nutritional noon meal each weekday for children ages one through eighteen. The program begins June 1 and ends on August 13, 1999. Any child is able to participate in the Summer Lunch Program and receive a free meal at Trejo, Mae Simmons, Clapp/Hodges, and Rawlings Community Centers, and Landwer Party House. An average of more than 600 meals per day will be served from these locations. This program is offered in conjunction with the Summer Satellite Program offered by the Parks and Recreation Department utilizing Community Development funding. The program provides a service for the community by providing a nutritious meal for children who would normally participate in a meal program at their school or for children whose parents are unable to prepare a meal for the children. The Operating/Professional Services budget amount for this item is $68,298.45. , The Texas Department of Human Services funds the Summer Food Program through a grant. The low bid is $67,977.80 from Breedlove Dehydration Plant of Lubbock, Texas. The Lunch Spot and University Plaza are not State of Texas registered food service providers for the Summer Lunch Program and, therefore, are not quoted as specified on the tabsheet. (36.) Bid #99074--Paint the Town Program Supplies, Annual Pricing (Community Development) This bid establishes annual pricing for paint and tools for the Community Development Paint the Town program. For a small application fee, low to moderate income homeowners receive paint and tools necessary to paint the exterior surface of their residence located in Community Development Block Grant eligible areas. The pricing also establishes annual pricing for paint and supplies for the Graffiti Removal program. This program provides jobs for at risk youths to paint over or remove graffiti from private residences and businesses. 339 Regular City Council Meeting May 13, 1999 Page 340 The Neighborhood Beautification and the Graffiti Removal budget amounts total $57,600. The low bids are from the following companies: ICI Paints of Lubbock, Texas $56,608.96 Kelly Moore Paint Co. of Lubbock, Texas 336.76 (37.) Resolution No. 6308/Bid #99075--Lift Station Replacement Project (Water Utilities) RESOLUTION NO. 6308 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for the Lift Station Replacement Project, attached herewith, by and between the City of Lubbock and Rhode Construction Company of Lubbock, Texas, and any associated documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 13th day of May, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK , § THIS AGREEMENT, made and entered into this 13th day of May, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Rhode Construction Company, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of th hereinafter mentioned, to be made and performed by conditions expressed in the bond bearing even d CONTRACTOR hereby agrees with OWNER to c o and under the (if any) the complete the 340 Regular City Council Meeting May 13, 1999 Page 341 BID #99075 - LIFT STATION REPLACEMENT PROJECT - $319,380.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR /s/ Ches Carthel CONTRACTOR: Owner's Representative Rhode Construction Company APPROVED AS TO FORM: By: /s/ Carman G. Rhode /s/ William de Haas City Attorney PRINTED NAME: Carman G. Rhode TITLE: Vice -President ATTEST: Corporate Secretary COMPLETE ADDRESS: Rhode Construction Company Jana L. Jenkins P. O. Box 53370 Lubbock, Texas 79453 This project involves the replacement of three existing lift stations located near East 61st Street and Redwood Avenue, Highway 82 at Wood Avenue, and on North Loop 289 near Guava Avenue. These three stations are in various states of disrepair and use older and less efficient pumping systems. The replacement stations will be wet well, submersible type lift stations constructed in the same general vicinity as the existing stations. The new pumping systems designed for these stations are more efficient and include safety features to accommodate operation in emergency situations such as power outages and pump failures. The existing stations do not have emergency pumping capabilities and on some few occasions there have been sewer spills at these sites. The new stations will eliminate this concern. The Sewer Capital Project budget amount is $400,000. The low bid is $319,380 from Rhode Construction Company of Lubbock, Texas. 341 Regular City Council Meeting May 13, 1999 Page 342 (38.) Bid #99088--Microwave Data Systems (Traffic Engineering) This bid is for the purchase of 58 radios and power supplies for the new traffic computer system communications and new signal system upgrade. These radios will replace existing telephone lines and will be capable of communicating between various intersections and the new signal system. The radios will be installed at 52 intersections during the next year. After checking on the difference in the price of the MDS power supplies, (which are not available), the power supplies offered by the individual companies were then compared. The Traffic Computer System Design budget amount for this item is $65,000. The recommended low bid is $61,947.77 from Lubbock Communications, of Lubbock, Texas. The bid from California Microwave -Microwave Data Systems of Rochester, New York did not agree to the City of Lubbock terms and conditions and, therefore, is not quoted as specified on the tabsheet. 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 ORDINANCES FOR PASSAGE (39.) 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 (second and final 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. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 10159 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. PUBLIC HEARINGS (40.) Zone Case No. 2844 (4424 35th Street): Hold a public hearing to reconsider 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 reconsider ordinance. Mayor Sitton opened the public hearing at 11:04 a. in. Dan Wood appeared to present the zone change. Manfred Hueckel spoke in favor of the zone change. Buddie Grantham appeared in opposition. Mayor Sitton closed the hearing at 11:15 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: 342 Regular City Council Meeting May 13, 1999 Page 343 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 fact. Glass brick windows and pedestrian doors are acceptable on the south, east or west walls. 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 Ince, seconded by Councilmember Patterson to continue this item until the June 10, 1999 City Council Meeting. Motion carried: 5 Yeas, 0 Nays. (41.) Zone Case No. 2709-A (1701 Buddy Holly Avenue): Hold a public hearing to consider the appeal 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 Patterson, seconded by Councilmember McDougal to continue this item until the June 10, 1999 City Council Meeting. Motion carried: 5 Yeas, 0 Nays. 343 Regular City Council Meeting May 13, 1999 Page 344 CIVIC SERVICES (42.) Resolution No. 6309 authorizing the Mayor to execute an agreement with the Lubbock Arts Alliance to administer the art grants program. RESOLUTION NO. 6309 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Lubbock Arts Alliance, Inc. of Lubbock, Texas to authorize the Lubbock Arts Alliance, Inc. to use a portion of revenue derived from the City of Lubbock's hotel occupancy tax for the encouragement, promotion, improvement, and application of the arts, and any other related documents. Said Agreement is attached hereto and incorporated in, this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 13th day of May, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Services Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6309. For the past 19 years, the Lubbock City Council has partnered with the Lubbock Arts Alliance, Inc. for the administration of the portion of hotel/motel funds allocated for a grants program in the arts. The partnership empowers the Arts Alliance to manage a grants program designed to encourage and promote all forms of art in the Lubbock community. Funding for the grants program is allocated from 0.400 cent of the hotel/motel tax collected during the previous fiscal year. The 1999/2000 agreement renews the City's partnership with the Arts Alliance and provides for a total sum of $120,058.38 to be distributed to support the arts through the grants program. The $120,058 is 0.400 cent of the hotel/motel tax collected during the fiscal year ended September 30, 1998. 344 Regular City Council Meeting May 13, 1999 Page 345 The agreement provides that a joint review committee of the Lubbock Arts Alliance, Inc., with two seats appointed by the Lubbock City Council, will receive and evaluate applications for the art's grants from community organizations. The grants review committee will then make recommendations to the City Council for awarding of the grants. The Lubbock Arts Alliance, Inc. then pays approved grants from the grants fund. The Lubbock Arts Alliance is responsible for monitoring and administering, all aspects of the grants program. Tommy Gonzalez, Director of Civic Services, presented staff comments. City staff recommended Council authorize the Mayor to execute an agreement with the Lubbock Arts Alliance and the City of Lubbock to continue the grants program through the Lubbock Arts Alliance. This will continue the grants cycle through the 1999/2000 fiscal year. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 6309 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 11:26 A. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 5 Yeas, 0 Nays. WINDY S TO , M Y R ATTEST: Kay . i Darnell, City Secretary Read and approved this day of Ltzll 1999. WINDY S TON, MAYOR L.r 345