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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 24, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 24th day of June, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember T. J. Patterson; Councilmember David Nelson arrived at 7:38 A. M. CITIZEN COMMENTS Two citizens expressed comments to the Council. They were: Irma Guerrero; and Johnny Travis. 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 Attorney; City Manager); pending or contemplated litigation (Aviation; Environmental Inspection; Parks Department; Police Department; Water Utilities); and personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions). 7:58 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 Attorney; 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 (Aviation, Environmental Inspection; Parks Department; Police Department; Water Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Citizens Traffic Commission Board of Electrical Examiners Zoning Board of Adjustment 10:04 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. Regular City Council Meeting June 24, 1999 Page 470 ( 4.) Presentation of Market Lubbock, Inc. Economic Development Corporation and Lubbock Convention and Visitors Bureau annual report and proposed FY 1999-2000 Budget by Jim Crowson, MLI Vice Chairman, and C. David Sharp, Chief Executive Officer. Jim Crowson, MLI Vice Chairman, made introductory remarks. C. David Sharp, Chief Executive Officer of MLI, presented the annual economic development report for Market Lubbock to Council; Linda Fort made the presentation for the Lubbock Convention and Visitors Bureau; and Andy Jugan made the presentation for the Lubbock Sports Authority. Since the City of Lubbock provides funding for Market Lubbock, Inc., the Lubbock Convention and Visitors Bureau, and Lubbock Sports Authority, they presented their proposed budget for FY 1999-2000. This allowed Council to hear budget requests from MLI, LCVB, and LSA prior to the start of Council budget reviews which are scheduled for June 30, July 1, and July 2. No Council action was required at this time. Presentation was for information and discussion purposes only. Council action on MLI, LCVB and LSA will be incorporated as part of overall City of Lubbock budget. (5.) Presentation of recommendation to create a City of Lubbock Youth Commission by six local high school students. A group of Lubbock students has been working on the establishment of a Youth Commission for the community of Lubbock under the general request of Mayor Windy Sitton and Councilman T. J. Patterson. This group is comprised of various student leaders from several Lubbock junior high and high schools that presented a proposal on a Youth Commission for Lubbock. The Lubbock Youth Commission will strive to give a voice to Lubbock youth and provide a youth perspective on community issues. The Youth Commission will seek to train the leaders of the future and provide an opportunity for youth to serve the city in which they live. The Youth Commission is proposed to have 36 student members and seven adult advisors. Included in this Commission will be a seven - member Youth Council modeled after the City Council. It will include one Mayor, one Mayor Pro-Tem, two Secretaries, one Public Relations Representative, one Treasurer, and one Historian. The age range for the members will be 14 to 18. The proposed resolution provides goals and objectives, a process for the appointment of members, a structure for meetings, and a process for the selection of the Youth Council. The students presenting this proposal were: Brooke Chavez, Senior, Estacado High; Dietra Jackson, Junior, Coronado High; Chrissy Sum, Junior, Lubbock High; David Fralin, Freshman, Cavazos Junior High; Lauren Griffin, Junior, Lubbock High; and Omar Jones, Sophomore, Estacado High. 470 Regular City Council Meeting June 24, 1999 Page 471 (6.) Final wrap-up for the 76th Texas Legislative session by Councilmember David Nelson and Debra B. Forte, First Assistant City Manager. This item was not presented. 11:13 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None Mayor Sitton called the meeting to order at 11:13 A. M. ( 7.) Reverend Jim Gerlt, Minister of Indiana Avenue Baptist Church, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION MHMR Board of Trustees Receiving: Harvey Morton (unable to attend) Neighborhood Redevelopment Commission Receiving: Joe Lopez CITIZEN APPEARANCES ( 9.) Proclamation from the Mayor to HUD officials to proclaim the month of June 1999 to be National Homeownership Month. Nancy Haney, Community Development Manager, assisted Mayor Sitton in making the presentation. Miguel Rincon, HUD Senior Community Builder, and Wanda Merrick, HUD Community Builder, accepted the proclamation. (10.) Presentation of Special Recognition Certificates to individuals involved in the Lubbock Housing Consortium Dream Tour `99. In an effort to promote homeownership in the United States, and with the goal of increasing the national homeownership rate to an all time high of 67.5 % by the end of the year 2000, Lubbock's Housing Consortium started their efforts to achieve this goal. For the last three years the Housing Consortium has produced a "Dream Tour". The third one was just recently completed and was a great success. The tour demonstrates how important and beneficial affordable housing is to the Lubbock Community. The Dream Tour also demonstrates partnerships among public, private, and non-profit sectors in support of the Lubbock Housing Consortium's mission to benefit Lubbock families and neighborhoods through affordable housing. 471 Regular City Council Meeting June 24, 1999 Page 472 The average price of a new home in Lubbock is more than $100,000, and the average sales price of an existing home is $87,000. This year the average Dream Tour home is $55,000, which makes these homes affordable while maintaining quality. These homes are built in the Robbie Marion Heights Addition, and the Dream Tour has increased property values 5,000 percent on these non -income producing lots. The building of homes increases employment and retail sales. A specific list of those organizations receiving a Special Recognition Certificate was provided prior to the City Council Meeting. The invitation list included: Shari Flynn, Chairman of the Lubbock Housing Consortium; Nita Keisling, President of the Lubbock Housing Corporation Board of Directors; Callentano Torres with Torres Construction; Ron and Rick Betenbough with Betenbough Quality Homes, Inc.; Alan Dyess of Alan Dyess Construction; and Julian Martinez, President of the Southgate Neighborhood Association. Those on hand to receive recognitions were Alan Dyess, Ron Betenbough, and Ken Flagg of the Lubbock Housing Finance Corporation. Councilman T. J. Patterson served as Honorary Chairman of this year's Dream Tour `99. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things In Lubbock's Future, "GO PROGRESS". Our Top Ten list is different this month. Of course it is still a "positive" list. It still lists ten things about Lubbock that makes Lubbock unique and of which we can all be proud. And our Top Ten List, most importantly, says "YES" to wonderful opportunities that we as citizens in Lubbock have. It is farsighted, visionary and reflective of the past and future growth here in Lubbock, both in population and in quality of life, I am speaking of the Capital Improvements Projects recommended by our Citizen Advisory Committee that everybody in Lubbock may be considering in September. This Top Ten List does not follow our traditional "LUBBOCK YES" acrostic, but follows a different one that is equally positive, equally supportive, and even more encouraging of us as citizens in Lubbock to look for and take advantage of the opportunities we have for the future of this community. No. 10 is Street Improvements. Our Citizen Advisory Committee has recommended nine site -specific projects and five city-wide projects to enhance our roadway infrastructure and transportation ease throughout the City. These projects include a city-wide computerized signal system upgrade, city-wide disabled accessibility improvements, and nine sections of streets that need new or widened paving or other enhancements. The recommended projects total $20,456,200.00, which makes up the bulk of the Capital Improvements Projects recommended by our committee--54 % of the total bond package. No. 9 is Sports Facilities. In order to accommodate the growing number of our City's youth participating in organized sports, both boys and girls, the Committee has recommended the building of the McAlister Park Athletic Complex, located west of Frankford Avenue between Spur 327 and the Brownfield Highway. This $1.6 million project will be the southwest version of our already -existing Berl Huffman Complex, with 472 Regular City Council Meeting June 24, 1999 Page 473 four state-of-the-art lighted ball fields and significant additional acreage of improvements that will accommodate other sporting activities for all children within the city. No. 8 is Equity of Improvements Distribution. The bulk of the proposed projects have a positive impact on the entire city. Those site -specific projects, however, are distributed geographically in every quadrant of the city --from North University Avenue improvements, to a new park in the southeast quadrant of the city, to improvements in MacKenzie Park, to drainage and street improvement projects in the southwest part of Lubbock --these Capital Improvements Projects are equitably distributed throughout the entire community. No. 7 is Recreation Facilities. In addition to the McAlister Park Complex the Committee has proposed numerous park improvements, including automated irrigation and lighting throughout the 65 public parks in the city, that will increase and enhance the recreational opportunities available to the citizens of Lubbock. No. 6 is Growth Infrastructure. As Lubbock grows and expands, the addition of more impervious surfaces, i.e., street pavement and concrete, creates complicated drainage issues. Our recent rains clearly illustrate the need for more storm water drainage projects and capacity. The Citizens Advisory Committee has recommended three projects totaling $2.1 million in furtherance of that objective. No. 5 is Outdoor Theater. A proposed amphitheater in the beautiful Canyon Lakes area will provide a venue for any number of performing arts productions on a regular basis, set to a backdrop of the most aesthetically attractive landscape in the city. No. 4 is Regional Arts Center. The conversion of the Fire Department's administrative offices building located at 519 Avenue K into the initial structure of a Regional Arts Center that will ultimately be the umbrella organization of all of the performing arts groups in the city and, hopefully, this region. The need for a central clearinghouse for performing arts activities with some theater facilities is of significant importance to artistic opportunities in Lubbock and is needed. No. 3 is Park Development. Lubbock has outgrown its current neighborhood park system. New parks are needed in new growth areas, improvements are needed in existing parks to provide uniform amenities, and a cost -saving automated irrigation and lighting system is a must. Completion of another dam in the Canyon Lakes project is also included in this park development proposal. Park development has drawn more citizen input and requests than any other component of this bond package. The total amount earmarked for park development is $14.6 million. No. 2 is Outdoor Recreation. From the street improvements to the drainage projects to the park improvements, the outdoor recreation opportunities will be enhanced through this bond package. No. 1 is Goals Implementation. A 100-member committee was formed in 1994 and established a document known as the "Goals for Lubbock - A Vision Into the 21st Century". Those 100 citizens participated in nine subcommittees, whose efforts resulted in developing a list of issues setting forth a foundation to create visionary, imaginative and 473 Regular City Council Meeting June 24, 1999 Page 474 challenging goals for city. The Capital Improvements Projects included in this bond package are priority projects that were encouraged by that 100-member committee. The citizens of Lubbock have always been a force in determining the direction of this community. It is incumbent to use these prioritized projects and goals as a roadmap to creating paths to help create Lubbock's future. Remember, the future is not some place we are going to, but one we are creating now. The paths to it are not found, but are made. And the activity of making them changes both the maker and the destination. I encourage this City Council and all citizens of Lubbock to "GO" for "PROGRESS", to carefully consider every one of these proposed Capital Improvements Projects, and to say "YES" to a bright and progressive future for Lubbock and the opportunities that the future presents. CONSENT AGENDA (Items No. 11 - 29, 31-32, 34, 35A, 36 - 47) Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of the minutes of the Regular City Council Meeting of June 10, 1999. (12.) Ordinance No. 10163 amending Chapter 16, Motor Vehicle and Traffic, Section 175.1 so as to alter the prima facie speed limits upon certain streets within the City of Lubbock, and Section 175.2 to add a school zone on both sides of llth Place beginning at a point 95 feet east of Liberty Avenue extending to a point 230 feet east of LaSalle Avenue (20 mph) (second and final reading). ORDINANCE NO. 10163 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ALTERING THE PRIMA FACIE SPEED LIMITS UPON CERTAIN PORTIONS OF CERTAIN STREETS WITHIN THE CITY OF LUBBOCK; ESTABLISHING A NEW SCHOOL ZONE WITH A REDUCED SPEED LIMIT; PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) Ordinance No. 10165 abandoning and closing a portion of 44th Street located in Section 16, Block B, Lubbock County (3701 44th Street) (first reading). ORDINANCE NO. 10165 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 44TH STREET LOCATED IN SECTION 16, BLOCK B, 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. 474 Regular City Council Meeting June 24, 1999 Page 475 This ordinance abandons and closes a 17,409-square-foot portion of 44th Street just west of Louisville Avenue and east of Memphis Avenue for an additional parking area for St. Luke's United Methodist Church. A new street area to the north of the existing street will be dedicated to replace this area being closed, and the proponents will not be charged for this area being closed since there is more new street area being dedicated than closed. All utilities, City departments, and neighbors are in agreement with this closure. The Right -of -Way Department recommended the first reading of this ordinance. (14.) Ordinance No. 10166 abandoning and closing portions of a temporary underground utility line easement and a temporary switch enclosure and transformer pad easement located in Section 36, Block A-K and adjacent to Tract "A", Womble Addition to the City of Lubbock (5810 Spur 327) (first reading). ORDINANCE NO. 10166 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A TEMPORARY UNDERGROUND UTILITY LINE EASEMENT AND A TEMPORARY SWITCH ENCLOSURE AND TRANSFORMER PAD EASEMENT LOCATED IN SECTION 36, BLOCK A-K, AND ADJACENT TO TRACT "A" WOMBLE ADDITION, 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. In 1993 Mark Womble granted LP&L a temporary underground utility line easement and a temporary switch enclosure and transformer pad easement located north of Spur 327 and just west of the Frank Brown Auto Dealership on the west side of Frankford Avenue. This area is being platted, and new easements will be dedicated to replace those being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (15.) Ordinance No. 10167 amending Chapter 1 of the Code of Ordinances, General Provisions, by deleting provision that prohibits arrest, providing that the person charged with a violation of the City Code or ordinance be held accountable on written promise to appear (first reading) . ORDINANCE NO. 10167 AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, GENERAL PROVISIONS, SECTION 1-4, BY REPEALING SUBPARAGRAPH (c) PROHIBITING ARREST AND PROVIDING THAT THE PERSON CHARGED BE HELD ACCOUNTABLE ON WRITTEN PROMISE TO APPEAR; RE -DESIGNATING SUBPARAGRAPHS (d) and (e), as (c) and (d) RESPECTIVELY; PROVIDING A SEVERABILITY AND SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND, ESTABLISHING AN EFFECTIVE DATE. Subparagraph (c) of Section 1-4, Chapter 1 of the Lubbock Code of Ordinances reads as follows: 475 Regular City Council Meeting June 24, 1999 Page 476 "Upon the signing of a promise to appear in municipal court, by the person charged, no arrest shall be made but the person charged shall be held accountable for his written promise to appear." In the interest of public health, safety and welfare, city peace officers should have the same discretion in arresting individuals for offenses under the City Code as for any other fine only offense. For example, such discretion is desirable when considered with respect to offenses that may involve the operation of dangerous amusement rides; animal cruelty, including fighting; lewd or lascivious behavior related to sexually oriented business; traffic violations for which arrest is permitted under state code; carrying prohibited weapons; discharge of firearms; illegal sale of alcoholic beverages; and illegal operation of ambulance service. State law prohibits arrest upon the violator's signed promise to appear only for the specified traffic violations of speeding and open container (Transportation Code §543.004). Our Code of Ordinances adopts by reference Chapter 543 of the Transportation Code (L.C.O. §16-22). State law does not prohibit arrest upon execution of a promise to appear for any other violations having criminal penalties. The code provision is unnecessary because LPD Procedure and Policy comprehensively addresses field release in the case of Class C Misdemeanor or municipal ordinance offenses. Field release is permitted when the offender has a local address and sufficient personal identification; the officer has no articulable reason to believe that the violator will fail to appear, suffer injury, continue the violation, or commit a more serious violation; the violator is not subject to an outstanding arrest warrant; the officer has no reason to suspect that the violator is involved in a more serious offense; and, the violator voluntarily signs a notice to appear. City peace officers should be allowed discretion to arrest in situations in which additional detention is necessary to properly identify the offender, the offender is likely to suffer injury or to continue the violation, or the violator may be involved in a more serious offense. Dan Saluri, Assistant City Attorney, presented staff comments and answered questions from the Council. Passage of this ordinance will facilitate peace officers in the performance of their duties to prevent crime and charge offenders. Police Department staff recommended approval. (16.) Ordinance No. 10168 amending Section 84 of the Code of Ordinances with regard to establishing voting precincts and voting locations for newly annexed areas (first reading). 476 Regular City Council Meeting June 24, 1999 Page 477 ORDINANCE NO. 10168 AN ORDINANCE AMENDING SECTION 8-4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ESTABLISHING VOTING PRECINCT BOUNDARIES IN NEWLY ANNEXED AREAS; CORRECTING THE BOUNDARIES OF EXISTING VOTING PRECINCTS AFFECTED BY ANNEXATION; ESTABLISHING VOTING DISTRICT BOUNDARIES IN NEWLY ANNEXED AREAS; CHANGING THE NAME OF A POLLING PLACE DUE TO A CHANGE IN BUILDING OWNERSHIP; PROVIDING A MAP OF THE VOTING PRECINCTS AND POLLING PLACES OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. On May 26, 1999, the County Commissioners amended Lubbock County voting precincts to accommodate the City's recent annexation on the southwest side of Lubbock. Essentially, the County left in place the existing county precinct lines except where it was necessary to move a line that followed the old City limits to a street or road in order to ensure that no homes were bisected by the precinct line. The County's changes will go into effect January 1, 2000, by operation of state law (Sec. 42.033, Election Code). The City is required to follow precinct lines established by the County, except where the City limits line intervenes (Sec. 42.061, Election Code) . As a result of the annexation, five new City voting precincts (Nos. 104, 109, 110, 111, and 112) will be established. The boundaries of seven existing precincts had to be adjusted due to the change in the City limits line. Two small precincts created as a result of a prior annexation (Nos. 105 and 106) have been absorbed into the new larger precincts. Since most of the newly annexed land is vacant or sparsely populated and there are no suitable public buildings for polling places, it is recommended that polling places not be established immediately and that the new precincts vote at the nearest permanent City polling place until such time as population growth and availability of suitable public buildings justify the creation of permanent polling places within the new precincts. It is also recommended that the new voting precincts be included in the nearest adjacent City Council Districts. New Precincts No. 104, 110, 111, and 112 are recommended to be included in District 5; and new Precinct No. 109 is recommended to be included in District 4. This change will add approximately 166 persons to District 4 and approximately 1,549 persons to District 5, according to Planning Department estimates of current population. The City's demographic planner also advised that this distribution of the new precincts will be most convenient for the new voters and will have the effect of reducing the overall top to bottom deviation of City voting districts, as the two southwest districts are slightly under the optimum population for an "ideal" district (31,040). These changes will go into effect January 1, 2000 at the same time as the County's changes. 477 Regular City Council Meeting June 24, 1999 Page 478 These changes also must be submitted to the U. S. Justice Department for pre -clearance pursuant to the Voting Rights Act of 1965 before they may be implemented. It was recommended that this ordinance be passed by the City Council. (17.) Ordinance No. 10169 calling a bond election for September 18, 1999 (first reading). ORDINANCE NO. 10169 AN ORDINANCE ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF LUBBOCK, TEXAS, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENTAL AND RELATED TO SUCH ELECTION. The CAC Steering Committee for the Five -Year CIP made their presentation to the City Council in work session at the June 10, 1999 City Council Meeting. Near the end of the work session discussion, it was staff s understanding that it was Council's intent to include the issue for the Regional Arts Center with the Park Improvement proposition on the ballot. However, bond counsel has indicated that unless the Parks Department will operate the Regional Arts Center, it must remain a separate ballot item. With the additional funding added to the Park Improvement proposition for irrigation of the landscape terrace on the South Loop, and with rounding the proposition figures to the nearest $5,000, the ballot issues will be as follows: Proposition #1 Street Improvements $17,165,000 Proposition #2 Drainage Improvements $2,160,000 Proposition #3 Traffic Signalization $3,295,000 Proposition #4 Park Improvements $14,765,000 Proposition #5 Regional Arts Center $475,000 This brings the total bond election package to $37,860,000. After passage on first reading at the June 24 meeting, it was scheduled to come back for a second reading at the July 1 meeting in order to get the proper submittals to the Justice Department for a September 18, 1999 Bond Election date. Anita Burgess, City Attorney, and Bob Cass, City Manager, presented staff comments. Staff supported passage of this ordinance on first reading. (18.) Ordinance No. 10170 authorizing the issuance of no more than $26,000,000 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 1999A, and authorizing approval of all necessary documents related to issuance (first reading). Cf:3 Regular City Council Meeting June 24, 1999 Page 479 ORDINANCE NO. 10170 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999"; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIEN ON AND PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT AND AN ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. On June 10, 1999 City Council approved a resolution to approve and authorize publication of notice of intent to sell and notice of sale, for no more than $26,000,000 in certificates of obligation, for the City of Lubbock's share of Phase II of the North Panhandle Project. In 1996, total project costs were projected to be $92,500,000. Phase II project costs were projected to be $62,000,000. Since then, additional items have been added to the scope of the project that are expected to enhance operations resulting in lower long-term operating costs that are passed on to the City. Due to the passage of time since estimates were prepared and the additional items added to the project, CRMWA and the City of Lubbock agreed to delay the issuance of the certificates to allow sufficient time for a bid process to more precisely identify the true cost of the project. If the bid process results in higher than expected costs, the proposed 15 % rate increase may have to be adjusted to achieve the amount necessary to support the required debt service. The converse is also true. Bids received could lower the cost to the citizens. As always, cost containment is an issue staff monitors closely. The second reading of this bond ordinance is scheduled for a specially called City Council meeting on September 20, 1999 at 10:30 a. in. in the City Council Chambers. The specially called meeting is necessary to coordinate the approval of the ordinance to coincide with the events related to the issuance of debt by Canadian River Municipal Water Authority that will be done simultaneously for all other member cities. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. (19.) Resolution No. 6396, Resolution No. 6397, Resolution No. 6398, Resolution No. 6399, and Resolution No. 6400 authorizing the Right - of -Way Department to make offers to eight property owners for five parcels of right-of-way for the East-West Freeway Railroad relocation (north of Erskine Street, south of Ursuline Street, west of FM 179, and west of North Frankford, north of Kent Street.) 479 Regular City Council Meeting June 24, 1999 Page 480 RESOLUTION NO. 6396 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-26 Shalaine B. Gillette $15,000 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 owner of the above -described parcel of land being Shalaine B. Gillette BE offered through the Right -of -Way Department of the City of Lubbock the amount of $15,000 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. W:1 Regular City Council Meeting June 24, 1999 Page 481 Passed by City Council this 24th day of June, 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. 6396. RESOLUTION NO. 6397 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-28 Delmo E. Gossett and wife, Wynona Gossett $9,250 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. Regular City Council Meeting June 24, 1999 Page 482 SECTION 4. THAT the owners of the above -described parcel of land being Delmo E. Gossett and wife, Wynona Gossett BE offered through the Right -of -Way Department of the City of Lubbock the amount of $9,250 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 24th day of June, 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. 6397. RESOLUTION NO. 6398 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-29 Clifton John Lehman and wife, $11,000 Kathy Lynne Lehman Regular City Council Meeting June 24, 1999 Page 483 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 Clifton John Lehman and wife, Kathy Lynne Lehman BE offered through the Right -of - Way Department of the City of Lubbock the amount of $11,000 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 24th day of June, 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. 6398. RESOLUTION NO. 6399 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: Regular City Council Meeting June 24, 1999 Page 484 PARCEL NO OWNER'S NAME AMOUNT IRR-30 Wayne Welch and wife, Wanda Welch $5,000 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 owner of the above -described parcel of land being Wayne Welch and wife, Wanda Welch BE offered through the Right -of -Way Department of the City of Lubbock the amount of $5,000 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 24th day of June, 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. 6399. RESOLUTION NO. 6400 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: ME Regular City Council Meeting June 24, 1999 Page 485 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-47 James Elliott Taylor, Jr. $20,150 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 James Elliott Taylor, Jr. BE offered through the Right -of -Way Department of the City of Lubbock the amount of $20,150 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 24th day of June, 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. 6400. These five 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: 1 RR 26 - Shalaine B. Gillette; 1 RR 28 - Delmo E. Gossett and wife, Wynona Gossett; 1 RR 29 - Clifton John Lehman and wife, Kathy Lynne Lehman; 1 RR 30 - Wayne Welch and wife, Wanda Welch; and 1 RR 47 - James Elliott Taylor, Jr. M Regular City Council Meeting June 24, 1999 Page 486 All of these parcels are between Erskine and Ursuline Streets and west of FM 179, except for parcel 1RR47 that is west of North Frankford Avenue and north of Kent Street. Parcels 1 RR26, 1 RR28, 1 RR29, and 1 RR30 were appraised by Merle Blosser, and parcel 1RR47 was appraised by Tommy Cantrell. All appraisals were reviewed by TxDOT. 1RR26 contains 0.64 acres and was appraised for a total offer of $15,000. $1,600 was the value placed on the land, and $13,400 was the value placed on the damages. 1RR28 contains 0.63 acres and was appraised for a total offer of $9,250. $1,500 was the appraised value placed on the land, $200 was placed on the improvements, and $7,550 was the value placed on the damages. 1RR29 contains 0.63 acres and was appraised for a total offer of $11,000. $1,575 was the value placed on the land and $9,424 was the value placed on the damages. 1RR30 contains 0.31 acres and was appraised for a total offer of $5,000. $775 was the value placed on the land and $4,225 was the value placed on the damages. 1RR47 contains 1.55 acres and was appraised for a total offer of $20,150. $2,325 was the value placed on the land and $17, 825 was the value placed on the damages. These resolutions being presented before the City Council 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. (20.) Resolution No. 6401 authorizing the Mayor to execute a parking lot lease with Bleacher's Sports Cafe (1910 Texas Avenue). RESOLUTION NO. 6401 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 between the City of Lubbock and Bleacher's Sports Cafe, and related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. EM Regular City Council Meeting June 24, 1999 Page 487 Passed by City Council this 24th day of June, 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. 6401. On June 12, 1997 the City executed a lease with Kurt McMillan of Bleacher's Sports Cafe for approximately 64 spaces of the City's Health Department Parking Lot at the southwest corner of 19th Street and Texas Avenue. This lease enables Bleacher's to satisfy the parking requirements per the zoning ordinance for customers of the cafe during the evening and nighttime hours. This lease has just expired and this new lease will renew the expired one. The City will receive $240 per month for this parking lease. The Right -of -Way Department recommended the renewal of this lease. (21.) Resolution No. 6402 authorizing the Mayor to execute a parking lot lease with KPL, Inc. (1910 Texas Avenue). RESOLUTION NO. 6402 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 between the City of Lubbock and KPL, Inc., and related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 487 Regular City Council Meeting June 24, 1999 Page 488 Passed by City Council this 24th day of June, 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 Lease Agreement is filed with Resolution No. 6402. This lease agreement is for Larry Simmons of KPL, Inc. to lease approximately 42 spaces of the City Health Department parking lot at the southwest corner of 19th Street and Texas Avenue. Additional parking per zoning requirements is needed for customers of the club during the evening and nighttime hours. This lease is for one year, and the City will receive $157.50 per month for this lease. This has been calculated as follows: $15 per space (typical monthly downtown parking lot space — rental rate) x 44 spaces = $630. Only on 15 days of the month will parking occur on these spaces and they will be leased only 12 hours a day maximum. Therefore, $630 x 1/2 month x 1/2 day = $157.50 due the City per month. The Right -of -Way Department recommended the approval of this lease. (22.) Resolution No. 6403 authorizing the Mayor to execute a lease agreement with Purina Mills, Inc. for a Street Department stack lot (201 East Municipal Drive). RESOLUTION NO. 6403 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 department dirt, by and between the City of Lubbock and Purina Mills, Inc. and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting June 24, 1999 Page 489 Passed by City Council this 24th day of June, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 6403. This lease agreement with Purina allows the City's Street Department to have a dirt stack lot at northeast corner of East Municipal Drive and North Ash Avenue. Recently, the Street Department took dirt from the west side of the City Garage and stacked it with Purina's permission on this property Purina owns. Purina has now requested a formal lease for use of their property. This lease will be for two years, and the City will pay $100 per month for the lease. The Right -of -Way Department recommended the approval of this lease. (23.) Resolution No. 6404 authorizing the Mayor to add three amendments to a street -use license with Scott Elkins for three outdoor food carts (816 Main, 914 Main, and 1220 Texas Avenue). RESOLUTION NO. 6404 WHEREAS, Scott Elkins, of Lubbock, Texas (herein called "Licensee") and the City of Lubbock (herein called "Licensor") entered into a Street Use License Agreement which is dated December 16, 1998, and is recorded as Resolution 6129 in the City of Lubbock Secretary's minutes for the purpose of Licensee to operate four outdoor food carts in dedicated public street areas as therein described, said Street Use License is incorporated by reference into this Resolution as if written in detail in this place; and WHEREAS, said Licensee has requested the Licensor for amendments to the terms of said Street Use License to cover three additional tracts of land (which are also parts of a dedicated public streets) to be used for the purposes hereinafter set forth; and WHEREAS, Licensor after consideration of the matter finds such request will not discommode the public in the use of said dedicated public street and such request should be granted as hereinafter set forth; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Regular City Council Meeting June 24, 1999 Page 490 SECTION 1. THAT in addition to the existing tracts of land already licensed to the Licensee for the operation of outdoor food carts the following additional tracts are added by this amendment to said Street Use License as additional tracts of land licensed to Licensee for the purposes as hereinafter stated: TRACT 1 A 6-foot by 8-foot area directly South of Lot 6, Block 105, Original Town Addition to the City of Lubbock, being in the North right-of-way of Main Street. Said additional Tract 1 is to be used by Licensee for the operation of an outdoor food cart. TRACT 2 A 6-foot by 8-foot area directing South of Lot 7, Block 104, Original Town Addition to the City of Lubbock, being in the North right-of-way of Main Street. Said additional Tract 2 is to be used by Licensee for the operation of an outdoor food cart. TRACT 3 A 6-foot by 8-foot area directly of East of Lot 11, Block 119, Original Town Addition to the City of Lubbock, being in the West right-of-way of Texas Avenue. Said additional Tract 3 is to be used by the Licensee for the operation of an outdoor food cart. SECTION 2. THAT by Licensee's payment to Licensor of the additional sum of TWO HUNDRED SEVENTY-ONE and 80/100 DOLLARS ($271.80), and acceptance of said additional consideration by Licensor as additional compensation for the licensing of said three additional tracts (being parts of a dedicated street as hereinabove stated), Licensee accepts all the terms of the existing Street Use License as applying to the three additional tracts of land hereby licensed to Licensee. Such acceptance by Licensee of the terms of said Street Use License as applying to said three additional tracts of land is further made by Licensee by operating three outdoor food carts as aforesaid. The term of three Street Use License shall terminate at the same time as originally provided in said Street Use License Agreement. SECTION 3. THAT except as hereby amended, the terms of said Street Use License shall remain the same, and as hereby amended is hereby ratified and confirmed by Licensor by passage of this Resolution and by Licensee's acceptance of the terms of this Resolution as aforesaid. .E Regular City Council Meeting June 24, 1999 Page 491 Passed by City Council this 24th day of June, 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 On December 16, 1998, the City Council approved a street -use license with Scott Elkins to allow him to place outdoor food carts in four locations in the Depot District. He is now requesting an amendment to this street -use license to allow him to have three additional locations for outdoor food carts. The locations will be at 816 Main, or just south of Lot 6, Block 105, Original Town Addition; 914 Main, or just south of Lot 7, Block 104, Original Town Addition; and 1220 Texas Avenue, just east of Lot 11, Block 119 Original Town Addition. He has visited with the abutting property owners and has their approval. The additional cost per year for all three carts will be $60.40 or $271.80 for the remaining four and one-half year term of the original five year street -use license term. The Right -of -Way Department recommended the approval of this resolution. (24.) Resolution No. 6405 authorizing the Mayor to execute Change Order No. I to the 1999 Thoroughfare Street Maintenance Contract. RESOLUTION NO. 6405 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 Change Order No. 1 to 1999 Thoroughfare Street Maintenance Program Contract, attached herewith, by and between the City of Lubbock and Ronald Wagner Construction, and any associated documents, which agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 491 Regular City Council Meeting June 24, 1999 Page 492 Passed by City Council this 24th day of June, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 1 is filed with Resolution No. 6405. The one-half mile of 66th Street between Iola Avenue and the old city limits at Milwaukee Avenue is only 21 feet wide and ties into the old county road of 25 feet in width with a traffic count of 2,197 per day. Upland Avenue from the Brownfield Highway to the newly widened 82nd Street is currently only 20.5 feet wide in spots and has a traffic count of 4,413 per day. Both are in serious need of widening. The increase would not necessitate the addition of any working days to the contract. The funding for this change order would come from a Streets/Drainage Department account allocated for strip paving of thoroughfares. This change order represents a 22.3 % increase to the 1999 Thoroughfare Street Maintenance Program. Original Amount of Contract $ 828,537.60 Amount Increased by Change Order No. 1 184, 987.12 New Contract Total $1,013,524.72 Because 66th Street and Upland Avenue are in serious need of widening, the Street Department recommended the approval of Change Order No. 1, increasing the contract amount by $184,987.12. (25.) Resolution No. 6406 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding use of in - kind services by City of Lubbock Departments for special event support at the Lubbock Centro Aztlan Menudazo Festival. 492 Regular City Council Meeting June 24, 1999 Page 493 RESOLUTION NO.6406 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board, regarding FY 1998 - 99 use of in - kind services by City of Lubbock Departments, for special event support at the Lubbock Centro Aztlan Menudazo Festival in the amount of Three Hundred Two and 64/100 Dollars ($302.64) and all associated documents. Passed by City Council this 24th day of June, 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 At the January 9, 1997 City Council meeting, the City Council approved Ordinance No. 9965 that amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in -kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount, ninety percent is earmarked for existing events, while the remaining ten percent is targeted for new events. Each year, City staff conducts at least two training sessions for local non- profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the applications are reviewed by the appropriate departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant applications for in - kind City services based on the applicant's response to nine subjective questions for each event. Each subjective question is worth up to five points from the individual Park and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 243 possible points 493 Regular City Council Meeting June 24, 1999 Page 494 on the subjective section and an additional 250 possible points on the objective section of the application with a possible 493 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On May 25, 1999 the Parks and Recreation Board approved the aggregate scoring of the Menudazo application. The Parks and Recreation Board recommended the following Special Event Application for in -kind services: IN -KIND IN -KIND PERCENT EVENT REQUESTED GRANTED RECEIVED Menudazo $388 $302.64 78 % To date, there has been a total of $84,404.09 of in -kind services granted. If the Menudazo Festival is granted the $302.64, there will be a balance of $95,293.27 of in -kind services that can be allocated for existing special events. This total does not include the $20,000 reserved for new special events. Staff recommended approving the Lubbock Centro Atzlan Menudazo Festival for the in -kind services to be provided through the Special Events Policy adopted by City Council. (26.) Resolution No. 6407 authorizing the Parks Development Department to apply for a matching grant of up to $500,000 from the Texas Recreation and Parks Account Program. RESOLUTION NO. 6407 WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City", desires to designate certain officials as being responsible for, acting for, and on behalf of the "City' in dealing with the Texas Parks and Wildlife Department, hereinafter referred to as "Department", for the purpose of participating in the Texas Recreation and Parks Account Grant Program, hereinafter referred to as the "Program"; and WHEREAS, the City certifies that the City matching share is readily available, and dedicating the proposed site for permanent public park and recreational uses; and WHEREAS, the Texas Legislature has approved the Program (Section 24 of the Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the City is fully eligible to receive assistance under the Program; and WHEREAS, the City is desirous of authorizing an officials to represent and act for the City in dealing with the Department concerning the Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1: That the City hereby certifies that they are eligible to receive assistance under the Program. Section 2: That the City hereby certifies that the matching share for this application is readily available at this time. Regular City Council Meeting June 24, 1999 Page 495 Section 3: That the City hereby authorizes and directs its Director of Civic Services to act for the City in dealing with the Department for the purpose of the Program, and Director of Civic Services is hereby officially designated as the representative this regard. Section 4: The City hereby specifically authorizes the official to make application to the Department concerning the site to be known as Horizon West - West Wind Neighborhood Park in the City of Lubbock for use as a park site. That Horizon West - West Wind Neighborhood Park is hereby dedicated (or will be dedicated upon completion of the purposed acquisition) for public park and reaction purposes in perpetuity. Passed by City Council this 24th day of June, 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 The Texas Legislature, through Section 24 of the Parks and Wildlife Code, has established the Texas Recreation and Parks Account Program, whereby local governments compete for matching funds to develop parks and recreation facilities. Applications for matching funds up to $500,000 are due July 31, 1999. The Park Development Department is preparing a proposal in an attempt to secure these grant funds to assist in developing a neighborhood park of at least 8.5 acres that will serve the Horizon West and West Wind neighborhoods located in the northwest quadrant of the city. A capital project has been approved for $300,000 to begin the development. In addition, staff has proposed an additional $398,000 pending the September 18th bond election. If the bond election fails, the maximum match that the City could receive is $300,000. The application will be bolstered by the Five -Year Priority Plan of Anticipated Park Needs which was passed by Resolution 6300 on May 13, 1999. The new park will encompass many of the categorized priorities by providing a new parkland, development including irrigation and security lighting, playground, trees, benches, walking trail, picnic facilities, and drinking fountains. The grant proposal is an attempt to maximize available resources for development and supply of recreational activities that would otherwise be delayed pending future funding. 495 Regular City Council Meeting June 24, 1999 Page 496 Staff recommended that Council pass the resolution authorizing the Parks Development Department to apply for a matching grant of up to $500,000 from the Texas Recreation and Parks Account Program. (27.) Resolution No. 6408 authorizing the establishment of a Matching Fund Policy for Parks Capital Projects. RESOLUTION NO. 6408 WHEREAS, the City Council recognizes a growing desire for various park amenities to be located at park sites throughout the City; and WHEREAS, Limited funds are available to meet the needs in time frames desired by citizens consequently staff has developed a Matching Fund Policy for consideration; and WHEREAS, it is the desire of the City Council to provide a means for various civic groups or individuals to accelerate construction of desired park amenities on specific parks in a quicker time frame than that specified in the prioritized capital project schedule; and WHEREAS, the City Council believes that the projects will provide a balanced mix and variety of park and recreation opportunities, maximize the use of funds and improve cooperative efforts between park and recreation providers, neighborhood associations and other civic groups or individuals in the community; and WHEREAS, the City Council therefore believes that the establishment of a Matching Fund Policy for Parks Capital Projects would be in the best interests of the citizens of this city. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a Matching Fund Policy for Parks Capital Projects is hereby established which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 24th day of June, 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/ John M. Knight John M. Knight Assistant City Attorney E'. Regular City Council Meeting June 24, 1999 Page 497 A copy of the Matching Fund Policy is filed with Resolution No. 6408. OBJECTIVE There is a growing desire for various park amenities to be located at park sites throughout the city. Limited funds are available to meet the needs in time frames desired by citizens. With this in mind, staff has developed a matching fund policy. The intent of the policy is to provide a means for various civic groups or individuals to accelerate construction of desired park amenities on specific parks. Staff surveyed several parks and recreation departments and determined there were no other cities that had a matching fund policy for capital improvements. However, the City of Richardson did have a matching fund program for beautification, similar to an adopt -a - spot program. Priorities and time frames for park improvements have been determined for each park based on a grading system developed by the Park Development staff and approved by the City Council. Typical capital project requests for park development will follow the priorities identified by the grading system. This program will enable the public to have an opportunity to accelerate the development of various park amenities with lower priorities by providing 50 % of the total project cost. Only those projects included in the list of core amenities within the grading system will be eligible for matching funds. Project requests that are not included in the core list of amenities will need to be funded by the requesting sponsor at 100 % of the proposed project cost. The City Council can provide 50% matching funds, pending available funds, for the development of parks and recreation areas and facilities. The match can include anything that has to be purchased. Any component of the project that is donated or produced at no expense, whether it is through the efforts of the requesting organization or the City, that will reduce the total cost of the project can be used as the matching portion of the project. Any project or improvement made upon the park site shall become the property of the City of Lubbock and must be of compatible quality with other park amenities within the park system. The sponsor shall not be entitled to any proprietary right or privilege. PROCESS The matching funds should come from the Parks Capital Project fund currently budgeted on an annual basis at $775,000. Applications will be due prior to January 31st each year, allowing staff time to review the request and determine the maintenance impact prior to completing departmental capital project requests. Staff will then present recommendations to Senior Management, Parks and Recreation Board and City Council for final approval. Staff recommended approval of the proposed policy. The projects, if funded by private contributions, will provide a balanced mix and variety of park and recreation opportunities, maximize the use of funds and improve cooperative efforts between park and recreation providers, neighborhood associations and other civic groups in the community. (28.) Resolution No. 6409 authorizing application for a Texas Forest Service Urban Forestry Partnership Grant. 497 Regular City Council Meeting June 24, 1999 Page 498 RESOLUTION NO. 6409 WHEREAS, the Texas Forest Services has established an Urban Forestry Partnership Grant Program, the goal of which is to develop long-range urban forestry programs in communities across Texas; and WHEREAS, the stated purpose of the program is to support new initiatives, to expand existing programs, and or foster activities that would not occur without grant funds. Types of projects eligible for funding include Program Development, Information and Education, and Demonstration or Site -Specific Projects; and WHEREAS, citizen surveys conducted in 1998 rated trees as high priority for parks. Residents often express interest in donating trees for park planting; and WHEREAS, excellent general reference materials for trees are available however, these materials do not address conditions encountered in Lubbock and rarely provide adequate graphic representation of trees that are best suited for planting in Lubbock; and WHEREAS, the City Council desires to apply grant funds to develop reference materials specific to parks and the Lubbock area. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Parks and Recreation Department is hereby authorized to apply to the Texas Forest Service for an Urban Forestry Partnership Grant which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 24th day of June, 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/ John M. Knight John M. Knight Assistant City Attorney A copy of the Grant is filed with Resolution No. 6409. The Texas Forest Service is providing an Urban Forestry Partnership Grant Program. The goal of the program is to develop long-range urban forestry programs in communities across Texas. Types of projects eligible for funding include: E •: Regular City Council Meeting June 24, 1999 Page 499 • Program Development • Information and Education • Demonstration or Site -Specific Projects The focus of the program is to support new initiatives, to expand existing programs, and/or foster activities that would not occur without grant funds. Grants are awarded and paid on a 50150 matching basis for the total cost of the project. These awards are distributed as reimbursement for eligible project expenditures. Grants range from a minimum of $1,000 to a maximum of $10,000. Grant funds are awarded on a competitive basis to eligible communities and organizations and are administered by the Texas Forest Service. Citizen surveys conducted in 1998 rated trees as a high priority for parks. Residents have a heightened interest in donating trees for park planting and occasionally are interested in specific types of trees that are not suitable for Lubbock's climate or park soils. While excellent reference materials are available for general information, these materials do not address conditions encountered in Lubbock and rarely provide adequate graphic representation of trees that are best suited for planting in Lubbock. Staff requested authorization to apply for the matching grant and develop reference materials specific to parks and the Lubbock area. A reference of this type will provide information about and photographic depictions of trees best suited to this area's climate and soils. Staff estimates the cost for development and printing 30,000 copies of this reference at $20,000. The city's net cost after receipt of matching funds from the Urban Forestry Partnership Grant Program will be $10,000. Funding from the City's portion of the project will be comprised of in -kind services from Park staff, volunteer efforts from Keep Lubbock Beautiful, and funds from the Parks Capital Tree Planting Project Fund. Staff recommended authorization be granted to apply for the Urban Forestry Partnership grant to develop reference materials for tree planting in the Lubbock area. The materials will provide a guide listing approximately 20 to 25 trees best suited to this area and show photographs of the trees in parks or other local settings. The publication will be available for distribution to interested donors, neighborhood organizations, public service organizations, and local tree nurseries as a reference and pictorial guide of trees best suited to local urban environments. (29.) Resolution No. 6410 authorizing acceptance of water and sanitary sewer improvements for Lots 1-10, Heron Development to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6410 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1-10, HERON DEVELOPMENT,TO THE CITY OF - LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-10, Heron Development to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and ... Regular City Council Meeting June 24, 1999 Page 500 WHEREAS, the total utility cost to the developer is $ 80,313.19 with the improvements constructed by Utility Contractors of America, having a value of $74,541.25 as determined by the unit prices established by said Chapter 28, and $5,771.94 cash paid to the City, which amount includes $ 3,431.11 cash for adjacent lines, with Heron Land Company the developer, to receive a refund of 32,435.36 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $ 0.00. WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $32,435.36 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 24th day of June, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $80,313.19 with a value of $74,541.25 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $5,771.94, which includes $3,431.11 for adjacent mains. The developer, Heron Land Company, will receive a refund of $32,435.36 in accordance with Chapter 28. There is no refund deposit. The subdivision is located at Genoa Avenue and Spur 327. Staff recommended acceptance of the improvements. Regular City Council Meeting June 24, 1999 Page 501 (30.) Consider a resolution authorizing the Mayor to execute Addendum No. 4 to Airline Lease Agreement between the City of Lubbock and Southwest Airlines Co. This item was deleted. (31.) Resolution No. 6411 authorizing the Mayor to execute an amendment to the fuel contract currently between the City Of Lubbock and McLain Oil. RESOLUTION NO. 6411 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 Contract Amendment between the City of Lubbock and McLain Oil Company, 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 24th day of June, 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/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 6411. This amendment is to a contract that was approved by the City Council on August 28, 1997. As a part of the on -going effort to improve fleet maintenance operations, the Fleet Services Department is proposing amending the contract currently in place with McLain Oil for the purchase of gasoline and diesel bulk fuel. The amendments will include the following: 1) The addition of providing fuel service to the multiple generators sites along with providing pricing for the refueling service currently not in place as listed in Article I. 2) The vendor has established that the City Of Lubbock will have the highest priority available from the vendor for fuel support in an emergency situation as listed in Article III. 501 Regular City Council Meeting June 24, 1999 Page 502 Staff recommended approval. (32.) Resolution No. 6412 authorizing the Mayor to execute an amendment to the fuel contract currently between the City Of Lubbock and Benton Oil. RESOLUTION NO. 6412 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 Contract Amendment between the City of Lubbock and Benton Oil Company, 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 24th day of June, 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/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 6412. This amendment is to a contract that was approved by the City Council on August 28, 1997. As a part of the on -going effort to improve fleet maintenance operations, the Fleet Services Department is proposing amending the contract currently in place with Benton Oil for the purchase of gasoline and diesel fuel. The amendments will include the following: 1) Y2K statement from the vendor as listed in Article III, Exhibit B. 2) The vendor has established that the City Of Lubbock will have the highest priority available from the vendor for fuel support in an emergency situation as listed in Article I, Exhibit A. Staff recommended approval. (33.) Consider a resolution authorizing the Mayor to execute a grazing and cropping agreement with Todd Lockaby. This item was deleted. 502 Regular City Council Meeting June 24, 1999 Page 503 (34.) Resolution No. 6413 authorizing the Mayor to execute a contract for farming service and sale of goods with David Wied and Keith Wied. RESOLUTION NO. 6413 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 Farming Services and Sale of Goods between the City of Lubbock and David Wied and Keith Wied of Lubbock, Texas, and any other 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 24th day of June, 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/ Richard Casner Richard Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 6413. David Wied and Keith Wied were tenant farmers on the Hancock Land Application Site (HLAS) while the site was under the ownership of Lubbock Christian University (LCU). The City of Lubbock purchased the site on April 15, 1999. The contract authorizing the purchase of the HLAS allowed for Lubbock to consider buying out any existing tenant farmers. This contract for farming service and sale of goods will allow Lubbock to render payment for services performed by the Wieds for Lubbock and to purchase approved improvements from them made by the Wieds during their term of operation under LCU. Although the contract was included in Council backup, the exhibits were not attached due to the fact that they are fairly lengthy. Staff recommended that the contract for farming service and sale of goods be approved. (35.) Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding relating to the provision of power to the Lubbock Reese Redevelopment Authority (LRRA) and ownership of the transmission facilities upon LRRA property. This item was deleted. 503 Regular City Council Meeting June 24, 1999 Page 504 (35A.) Resolution No. 6414 authorizing the Mayor to amend the contract between the City of Lubbock and Market Lubbock, Inc. for the Convention and Visitors Bureau for the Music Crossroads of Texas - West Texas Style Rock-n-Roll Festival. RESOLUTION NO. 6414 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 the Agreement between the City of Lubbock and Market Lubbock, Inc., for the Convention & Visitor's for the Music Crossroads of Texas - West Texas Style Rock-n-Roll Festival and all related documents. Said amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 24th day of June, 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 Amendment to the Agreement is filed with Resolution No. 6414. This agreement will amend the Convention and Visitors Bureau (CVB) request for $30,000 for the Music Crossroads of Texas - West Texas Style Rock-n-Roll Festival. The Lubbock CVB is coordinating a top - rated 1950's era rock-n-roll entertainment act for the residents and visitors in the Lubbock Community to promote this event in conjunction with the grand opening of the Buddy Holly Center. The funds will be used to conduct the event and not for any particular act. From a legal standpoint, Section 351.101(a)(5) of the Tax Code provides that revenue for the Municipal Hotel Occupancy Tax may be expended toward projects located in a municipality that will be frequented by tourists, convention delegates or other visitors to a municipality. With this in mind, the Lubbock CVB is requesting funding to cover expenses of the Music Festival. If approved, the Lubbock CVB will be responsible for executing the contract with any performers for this event and providing appropriate payments to them in a timely manner. They will also handle any other 504 Regular City Council Meeting June 24, 1999 Page 505 arrangements, i.e. travel, lodging, transportation, etc., for the performers for the festival. The Lubbock CVB agrees that the sole purpose of this funding is for the Rock-n-Roll Music Festival. Staff recommended that Council authorize the Mayor to amend the agreement between the City of Lubbock and Market Lubbock, Inc. for the Convention and Visitor's Bureau for the Rock-n-Roll Music Festival. (36.) Resolution No. 6415/Bid #99038—Lubbock Civic Center Fire Code Upgrade (Facilities Management) RESOLUTION NO. 6415 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to install and furnish all materials and services as bid for the Lubbock Civic Center Fire Code Upgrade, between the City of Lubbock and Grinnell Fire Protection, 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 24th day of June, 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 24th day of June, 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 Grinnell Fire Protection, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: 505 Regular City Council Meeting June 24, 1999 Page 506 BID #99038 - LUBBOCK CIVIC CENTER FIRE CODE UPGRADE - $183,219.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Grinnell Fire Protection Bv: /s/ Rick Sosebee PRINTED NAME: Rick Sosebee TITLE: District General Manager COMPLETE ADDRESS: Grinnell Fire Protection 1725 North Nashville Lubbock, Texas 79415 This project involves the installation of a new fire alarm system and a fire sprinkler system in the pedestrian mall at the Civic Center. The Building Capital Outlay -Civic Center Fire Code Upgrade budget amount is $208,000. The low bid is $183,219 from Grinnell Fire Protection Systems of Lubbock, Texas. (37.) Bid #99090--Lubbock Power & Light Steel and Concrete Pole Fabrication (Electric Distribution) This bid is for the purchase of steel and concrete poles for a 230 kV volt transmission line to Southwestern Public Service Company's substation. The transmission line is part of a capital project involving the installation of a new Plains Co-op substation located at East 42nd Street and Guava Avenue. This substation will provide increased distribution capacity to industrial loads in this area and will provide a third 230 kV transmission interconnection with Southwestern Public Service Company. Regular City Council Meeting June 24, 1999 Page 507 The project will provide additional capacity, reliability and security to LP&L transmission system. The System Capital Outlay -Plains Co-op Substation budget amount is $150,000. The low bid is $149,687 from Thomas & Betts Corporation of Memphis, Tennessee. (38.) Resolution No. 6416Bid #99099—Roof Replacement, City of Lubbock Municipal Building (Facilities Management) RESOLUTION NO. 6416 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to install and furnish all materials and services as bid for the Roof Replacement, City of Lubbock Municipal Building, between the City of Lubbock and American Contracting USA, 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 24th day of June, 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 24th day of June, 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 American Contracting USA, of the City of Rio Hondo, County of Cameron, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of th e and under the (if any) the complete the 507 Regular City Council Meeting June 24, 1999 Page 508 BID #99099 - ROOF REPLACEMENT CITY OF LUBBOCK MUNICIPAL BUILDING - $418,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Leticia Barcenas CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: American Contracting USA By: /s/ Leo Aguilar PRINTED NAME: Leonel Aguilar TITLE: General Manager COMPLETE ADDRESS: American Contracting USA 1606 South Reynolds Rio Hondo, Texas 78583 This project involves the replacement of the Municipal Building roof. The Building Capital Outlay -Facilities Re -roofing budget amount is $763,000. The low bid is $418,000 from American Contracting USA of Rio Hondo, Texas. (39.) Resolution No. 6417/Bid #99105—Municipal Square Building Renovation, Phase I (Facilities Management) 508 Regular City Council Meeting June 24, 1999 Page 509 RESOLUTION NO. 6417 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to install and furnish all materials and services as bid for the Municipal Square Building Renovation - Phase I, between the City of Lubbock and Knox, Gailey & Meador, Inc., and related documents. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 24th day of June, 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 24th day of June, 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 Knox, Gailey & Meador, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99105 - MUNICIPAL SQUARE BUILDING RENOVATION, PHASE I - $248,519.00 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. 509 Regular City Council Meeting June 24, 1999 Page 510 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Knox, Gailey & Meador, Inc. By: /s/ Don Meador PRINTED NAME: Don Meador TITLE: Secretary/Treasurer COMPLETE ADDRESS: Knox, Gailey & Meador, Inc. P. O. Box 5736 Lubbock, Texas 79408 This project involves the renovation of Traffic Engineering offices on the second floor of Municipal Square. The Building Capital Outlay -Police Square Renovation budget amount for this project is $250,000. The low bid is $248,519 from Knox, Gailey and Meador, Inc. of Lubbock, Texas. (40.) Resolution No. 6418/Bid #99106—City of Lubbock Reese Center Police Academy Renovation (Facilities Management) RESOLUTION NO. 6418 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to install and furnish all materials and services as bid for the City of Lubbock Reese Center Police Academy Renovation, between the City of Lubbock and Lubbock Building Services, Inc., and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 510 Regular City Council Meeting June 24, 1999 Page 511 Passed by City Council this 24th day of June, 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 24th day of June, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the 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 BID #99106 - CITY OF LUBBOCK REESE CENTER POLICE ACADEMY RENOVATION - $186,730.00 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. 511 Regular City Council Meeting June 24, 1999 Page 512 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 14302 South Slide, Buite B Lubbock, Texas 79424 This project involves the renovation of Building 76 at Reese Center. The Police Academy will occupy this facility. The Building Capital Outlay - Police Academy budget amount is $265,000. The low bid is $186,730 from Lubbock Building Services of Lubbock, Texas. (41.) Bid #99107--Lubbock Power & Light Guava Avenue Substation Equipment (Electric Distribution) This bid is to purchase the steel structure, bus work, air switches, arresters and potential transformers to needed to build a new Plains Co-op substation located at East 42nd Street and Guava Avenue. This substation will provide increased distribution capacity to industrial loads in this area and will provide a third 230 kV transmission interconnection with Southwestern Public Service Company. The project will provide additional capacity, reliability and security to LP&L transmission system. The System Capital Outlay -Plains Co-op Substation budget amount for this item is $400,000. The low bid is $371,100 from Power Substations, Inc. of Cleveland, Ohio. (42.) Resolution No. 6419/Bid #99114—Renovate Flight Standards District Office, Lubbock International Airport (Aviation) 512 Regular City Council Meeting June 24, 1999 Page 513 RESOLUTION NO.6419 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to install and furnish all materials and services as bid for the Renovate Flight Standards District Office, Lubbock International Airport, between the City of Lubbock and Art Cuevas Construction, 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 24th day of June, 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 24th day of June, 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 Art Cuevas Construction, 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 BID #99114 - RENOVATE FLIGHT STANDARDS DISTRICT OFFICE, LUBBOCK INTERNATIONAL AIRPORT - $164,934.16 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. 513 Regular City Council Meeting June 24, 1999 Page 514 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Art Cuevas Construction Bv: /s/ Art Cuevas PRINTED NAME: Art Cuevas TITLE: President COMPLETE ADDRESS: Art Cuevas Construction 7406 83rd Street Lubbock, Texas 79424 This project involves the renovation of the Flight Standards District Office (FSDO) space at the Lubbock International Airport old terminal building. The project was initiated as a result of contract negotiations with FSDO. FSDO is an airport tenant and a division of the Federal Aviation Administration. The tenant will pay increased rent for the remodeled space resulting in additional revenue for the airport. The FSDO Building Renovation budget amount is $212,000. The low bid is $164,934.16 from Art Cuevas Construction of Lubbock, Texas. (43.) Resolution No. 6420Bid #99119—Lubbock Business Center Mezzanine Renovation (Facilities Management) RESOLUTION NO. 6420 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to install and furnish all materials and services as bid for the Lubbock Business Center Mezzanine Renovation, between the City of Lubbock and Lubbock Building Services, Inc., and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 514 Regular City Council Meeting June 24, 1999 Page 515 Passed by City Council this 24th day of June, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of June, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99119 - LUBBOCK BUSINESS CENTER MEZZANINE RENOVATION - $69,734.00 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. 515 Regular City Council Meeting June 24, 1999 Page 516 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 14302 South Slide, Suite B Lubbock, Texas 79424 This project involves the renovation of the east end of the mezzanine at the Lubbock Business Center for LP&L Administration. A storefront window system will be installed that will eliminate noise between the LP&L offices and the Lubbock Chambers. This project includes a new Heating, Ventilating, and Air Conditioning system to handle the renovated office areas. The Building Capital Outlay - LBC Mezzanine Renovation budget amount is $70,000. The low bid is $69,734 from Lubbock Building Services of Lubbock, Texas. (44.) Bid #99126--Motor Truck Cab and Chassis (Fleet Services) This bid is for the purchase of six motor truck cab and chassis to accommodate sideloader packer bodies for the Solid Waste Department. Bids were received from only one company and included pricing for both immediate delivery and 6-8 month delivery to the body manufacturer. A long delivery will result in additional maintenance costs for the old vehicles being replaced and could have a negative impact on Solid Waste operations. Therefore, staff recommended the purchase of cab and chassis with immediate delivery. The Equipment Capital Outlay -Heavy Moveable budget amount for this item is $530,000. The recommended bid is $525,900 from Bruckners Truck Sales, Inc. of Lubbock, Texas. (45.) Bid #99130--Engine Oils and Lubricants, Annual Pricing (Fleet Services) This bid establishes annual pricing for engine oils, lubricants, and related dispensing system. Engine oils and lubricants are used to maintain city vehicles and equipment. The dispensing system will provide storage for bulk product and the will allow the distribution of product to various fill stations located in the Fleet Services facility. 516 Regular City Council Meeting June 24, 1999 Page 517 The Internal Service Operations budget amount for this item is $60,000. The low bid is $57,283.65 from Western Marketing, Inc. of Lubbock, Texas. (46.) Bid #99133-4500 Copper Cable (Central Warehouse) This bid is for the purchase of 7,500 feet of #500 copper cable used by Lubbock Power and Light for various underground electric distribution projects. The Underground Distribution budget amount is $27,500. The low bid is $27,397.50 from Temple, Inc. of Lubbock, Texas. (47.) Bid #99149--Continuous Emissions Monitoring System and Data Acquisition System (Electric Production) This bid is for the Y2K upgrade of the continuous emissions monitoring system and data acquisition at Holly units 1 and 2 to meet new EPA requirements. The Electric Production Operations -Continuous Emissions Monitoring System budget amount is $28,000. The bid amount is $27,498 from Monitor Labs, Inc. of Englewood, Colorado. 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 SECOND READING ORDINANCES (48.) Ordinance No. 10164 - Zone Case No. 2844 (4424 35th Street): 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 (second and final reading). ORDINANCE NO. 10164 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2844; A ZONING CHANGE FROM R-2 TO C-4 ZONING LIMITED TO AN AUTOMOTIVE REPAIR SHOP ON LOT 16 AND THE EAST 92.5 FEET OF LOT 15, BLOCK 1, COLLEGE HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 10164 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Mayor Sitton and Councilmember Nelson voted Nay. PUBLIC HEARINGS (49.) Ordinance No. 10171/Zone Case No. 2846 (south of 82nd Street and west of Quincy): Request of S. A. Carley (for Word Aflame Church) for a zoning change from T to A-2 limited to a church and church related uses on 4.89 acres of land out of Section 27, Block AK (first reading). 517 Regular City Council Meeting June 24, 1999 Page 518 ORDINANCE NO. 10171 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2846; A ZONING CHANGE FROM T TO A-2 ZONING LIMITED TO CHURCH RELATED USES ON 4.89 ACRES OF LAND OUT OF SECTION 27, 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 11:45 a. in. S. A. Carley appeared on behalf of Word Aflame Church. No one appeared in opposition. Mayor Sitton closed the hearing at 11:46 a. in. The property requested for church zoning is on 82nd Street adjacent to Quincy. Adjacent land uses: North - commercial; South - residential; East - vacant; and West - church. The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. The proposal should have no effect on traffic. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to a church and church related uses. Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10171 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (50.) Zone Case No. 1977-F (north of 73rd Street and west of Slide): Request of Hugo Reed and Associates (for BenCor Development/Properties) for a zoning change from GO to C-2A tied to a site plan on 2.02 acres of land out of Section 27, Block E-2, and to consider ordinance. Mayor Sitton opened the public hearing at 11:47 a. in. Terry Holman of Hugo Reed and Associates appeared on behalf of BenCor Development. Appearing in favor of the zone change were Ray Wolkowski of BenCor Development, David Langston, Sonny Arnold, and Willie McCormick. Charles Reed, Deborah Perry, Mike Lovinger, and Ruth Briscoe appeared in opposition. Mayor Sitton closed the hearing at 12:58 p. in. The proposal is construction of a building for Walgreen's that is tied to a site plan. The zoning requested is C2A. Adjacent land uses: North - zoned GO - vacant; South - single family; East - single family; and West - single family. 518 Regular City Council Meeting June 24, 1999 Page 519 The proposal does not conform with the Comprehensive Land Use Plan. The current Plan continues to illustrate residential. The existing zoning on the parcel is Garden Office, which does not specifically conform with the residential status of the Comprehensive Plan, but Garden Office is listed as a buffer district in the Plan, meaning that the district is intended to be located between residential and commercial. At this location, there is not currently any commercial from which the adjacent residential needs to be buffered. Zoning policy does not promote commercial use away from major thoroughfare intersections, although it is obvious that the policy has not held completely along Slide Road from 66th to 82nd Streets. Several area residents expressed concern about increased traffic. 73rd Street has a "collector" designation and carries a lot of traffic to and from Slide Road. Traffic issues exist now, and the increase of Walgreen's versus the professional office potential is probably about the same depending on the occupants of the offices. During visits with the proponents prior to the hearing, the Planning staff indicated that they would be given an opportunity to convince adjacent owners of the benefit of the proposed use. The mailed returns from the 200-foot notice area were approximately eleven in favor of the request and eight in opposition. Of the eleven in favor, four are from east of Slide Road. Responses from outside the notice area seem to be four in favor, three in opposition. The response form was photocopied and several apparent tenants signed, which creates some confusion for the actual counts. Several adjacent residents spoke in person against the proposal, none in favor. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. Tied to site plan #1977-F, with the exception of signage. Proposed signs shall comply with the Zoning Code. 2. Eight -foot high cedar screening fence along the west side of the property attached to steel posts. 3. Five-foot high masonry screening fence along the south line of the property with an opening for the standard driveway entrance onto 73rd Street. Five-foot high fence stops approximately 105 feet from east property line on Slide Road with a pedestrian opening. Three-foot high masonry fence continues east to a point that is approximately 43 feet from the east property line on Slide Road. 4. Seven foot high cedar screening fence with steel posts and a concrete footing along the west property line of Lots 274, 275 and 288, Spanish Oaks Addition. 5. To reduce glare, the direction of light from wall and parking lot lighting fixtures will be emphasized. Randy Henson, Senior Planner, presented staff comments and advised that the Planning Department staff recommended denial of the appeal. 519 Regular City Council Meeting June 24, 1999 Page 520 The proponent designed a site plan, screening fence and landscape plan to soften many of the effects of the project on adjacent residential. Nevertheless, the homes on the south side of 73rd will look directly over the five-foot wall at the tall commercial building face with lights and signs. It does not appear that buffering options with the existing Garden Office zoning were explored. As a general rule, stable single-family homes should not be forced, after the fact, to face into commercial without exhausting all other reasonable alternatives. This case should not be approved. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to continue this item until the July 27, 1999 City Council Meeting. Motion carried: 4 Yeas, 3 Nays. Councilmembers Ince, McDougal and Patterson voted Nay. Following Item No. 61, this item was reconsidered. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to continue this item until the August 12, 1999 City Council Meeting. Motion carried: 6 Yeas, 0 Nays. Councilmember Nelson was not present when this item was reconsidered. (51.) Ordinance No. 10172/Zone Case No. 2526-B (north of 98th Street and east of Indiana): Request of Indiana Avenue Baptist Church for a zoning change from C-2 to A-2 limited to church and church related uses on Section 13, Block E-2 (first reading). ORDINANCE NO. 10172 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2526-13; A ZONING CHANGE FROM C-2 TO A-2 ZONING LIMITED TO CHURCH RELATED USES ON SECTION t3, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 1:19 p. in. No one was present on behalf of Indiana Avenue Baptist Church to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 1:20 p. in. The church is requesting rezoning of a C-2 corner to match the A-2 limited to church and church related uses on the balance of the church site. Adjacent land uses: North - church; South - vacant; East - church; and West - commercial. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The proposal should have no effect on traffic. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to a church and church related uses. Randy Henson, Senior Planner, presented staff comments. 520 Regular City Council Meeting June 24, 1999 Page 521 Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10172 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Hernandez and McDougal were away from the dais. 1:22 P. M. COUNCIL RECESSED 1:33 P. M. COUNCIL RECONVENED (52.) Zone Case No. 2497-A (north of Loop 289 and east of North University): Hold a public hearing to consider the appeal of Hugo Reed and Associates (for Clayton Homes, Inc.) for a zoning change from R-1 to IDP (the proposed use is manufactured home sales) on a portion of land out of Section 11, Block A, and to consider ordinance. Mayor Sitton opened the public hearing at 1:33 p. in. Terry Holman of Hugo Reed and Associates appeared on behalf of Clayton Homes. Warlick Carr, Attorney at Law representing the property owners (John and Richard Powers) and Larry Michelin of Clayton Homes appeared in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 1:52 p. in. The proposal for a manufactured home sales lot is at the northeast corner of North University and Loop 289. Adjacent land uses: North - vacant; South - Loop 289; East - vacant; and West - the former TI plant. The purpose of the IDP District is "to provide industrial park -planned - unit -development along major thoroughfare and expressway corridors so that persons entering the city along those corridors will receive a good first impression and to maintain a quality appearance which will stabilize or increase real property values". The Comprehensive Land Use Plan indicates this square mile as IDP or Industrial Park. Over the years, the area between North Loop 289 and Kent, east of University has been the topic of discussion for another major "clean industrial" complex to mirror the Texas Instruments and State School facilities. The conflict in this request is the large industrial complex "vision" versus the Zoning Code, as written, which allows a wide range of heavy commercial and industrial uses in the Industrial Park District. Examples include: all IHC uses, aluminum product fabrication, cabinet shop, cold storage, ice plant, mattress manufacturing, roofing contractor's shop, and sash and door manufacturing, along with numerous other heavy commercial and light industrial uses. Zone cases on the property include: • Zone Case 1618 - In September 1969 a Specific Use request for a mobile home park on a tract at the half section, across on University from the current day care center, was denied. 521 Regular City Council Meeting June 24, 1999 Page 522 From the adoption of the Comprehensive Land Use Plan in 1975 to a zone case in 1981, the square mile was designated "single family" on the Plan. • Zone Case 2342 - In December 1981 the Comprehensive Plan for the section was changed to IDP, or Industrial Park, along with a zone case for a Westinghouse plant that was never built. • Zone Case 2497 - In 1984 a mobile home park request was withdrawn. While the proposed mobile home sales facility does not mesh with a large-scale industrial facility on this section of land, it is a permitted use in the IDP zoning district. The facility should have little effect on traffic. The proponents were unprepared for the opposition that was submitted the day before the hearing. Their understanding was that the proposal is a policy request, and did not have the information and proponents available that were present at the Council meeting. Mr. Bernie Gradel of Hugo Reed and Associates did indicate during the P&Z meeting that some group should have requested zoning in years past to place conditions on the property if the community did, in fact, have specific plans for the area. His presentation reflected disappointment for the apparent sudden change in philosophy regarding what appeared a request consistent with the Comprehensive Land Use Plan. During the past 30 years, proposals on this property that were not consistent with IDP have either been withdrawn or denied. Whether or not those decisions happened because of a vision for a high tech industrial park on this property is not in the written records. The letter from Ex Fab officials illustrates the perspective from an adjacent owner. The fact that the land is IDP on the Comprehensive Land Use Plan would support their perspective when reading the purpose statement. In the alternative, the first permitted use in IDP is "Interstate Commercial", within which manufactured home sales is a permitted activity. The dilemma of this discussion is that both perspectives may be correct. The Planning and Zoning Commission recommended denial of the request. Randy Henson, Senior Planner, presented staff comments and discussed this item in detail. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to uphold the Planning and Zoning Commission's denial of the zone change. Motion failed: 3 Yeas, 4 Nays. Voting Yea were Mayor Sitton and Councilmembers Cooke and Nelson; voting Nay were Councilmembers Ince, Hernandez, McDougal, and Patterson. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to overturn the Planning and Zoning Commission's denial of the zone change. Motion failed: 4 Yeas, 3 Nays (a vote of 6 Yeas is necessary to overturn denial). Voting Yea were Councilmembers Ince, Hernandez, McDougal, and Patterson; voting Nay were Mayor Sitton and Councilmembers Cooke and Nelson. 522 Regular City Council Meeting June 24, 1999 Page 523 (53.) Hold a public hearing to consider an amendment to the Zoning Code to add four new Central Business District zoning districts and consider Ordinance No. 10173 (first reading). ORDINANCE NO. 10173 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-19 ENTITLED "CB CENTRAL BUSINESS DISTRICT" TO ESTABLISH ZONING DISTRICT "CB-1 WEST BROADWAY"; BY ADDING SECTION 29-19.1 ENTITLED "CB-2 CENTRAL BUSINESS DISTRICT BROADWAY/13TH/MAIN" ESTABLISHING A SECOND NEW ZONING DISTRICT; BY ADDING SECTION 29-19.2 ENTITLED "CB-3 CENTRAL BUSINESS DISTRICT GENERAL" ESTABLISHING A THIRD NEW ZONING DISTRICT; BY ADDING SECTION 29-19.3 ENTITLED "CB-4 DEPOT DISTRICT" ESTABLISHING A FOURTH NEW ZONING DISTRICT; BY AMENDING SECTION 29-3, ENTITLED "DEFINITIONS" TO ADD SECTIONS 29-3 (6a) AND (9a) AND TO AMEND THE DEFINITION OF CANOPY AT SECTION 29-3 (24); PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Councilmember Nelson left the Council meeting during discussion of this item and was absent during the remainder of the meeting. Mayor Sitton opened the public hearing at 2:03 p. in. The following persons spoke: Jim Shearer of Lubbock CenterCorp, Inc.; and Mikel Ward. Mayor Sitton closed the hearing at 2:25 p. in. With the adoption of our current Zoning Ordinance in 1975 with a reserved chapter for "CB" Central Business District and adoption of a Comprehensive Land Use Plan containing Urban Design Policies, the City of Lubbock began to consider urban design an integral part of the development process. Continuing through Goals for the 80's, Goals: 2005 and the current Goals for the 21" Century, the City Council has incorporated numerous forward -thinking goals and objectives for economic growth, urban design and protection of cultural resources into the planning process. Formalization of the need for design guidelines and standards came out of the 1989 - Central Business District Revitalization Plan. In 1995, the City Council authorized the Urban Design and Historic Preservation Commission and to create standards for downtown Lubbock. The UDHPC enlisted representatives from: • Cactus Theater Board • CenterCorp • Committee of Churches • Depot District Association • Lubbock Chapter, American Institute of Architects • Lubbock Commercial Realtors 523 Regular City Council Meeting June 24, 1999 Page 524 • Lubbock Heritage Society • Overton Neighborhood Associations • Planning and Zoning Commission • West Texas Homebuilders Association The committee began a three-year analysis of the downtown and West Broadway area. Existing zoning, the development history of various areas, peculiarities of the different building eras and existing land use were reviewed. The product of the committee includes four new proposed "CB" Districts. The area north of Main and an area east of the Post Office around 15th and Avenue L are not proposed for rezoning since the current Civic Center zone case and Interstate Districts are considered to be adequate to continue for those areas. The Districts are tailored to each of the four unique areas and provide two major assets: 1. For each proposed district, the peculiarities experienced for the CBD under our current zoning ordinance are adjusted. The primary "fixes" are in setback, parking and landscaping. 2. The proposed design standards for each district are intended to ensure new development and reconstruction projects that will fit with the existing architectural fabric of each area. The committee is comfortable that the guidelines are inclusive and flexible enough to not discourage any new business ventures in the CBD. The Urban Design Commission and staff sentiment for flexibility was an important part of the preparation of the Ordinance and Standards. The "side by side" format of the ordinance proposals was included in agenda backup to compare the four proposed districts. The permitted use portions of the new districts substantially meet the existing uses permitted by current zoning in the areas. The "Urban Design Standards" booklet will be adopted as part of the ordinance, but will be printed separately for distribution to property owners and design professionals. It is written in a more user-friendly format than the proposed ordinances. After rezoning the four land areas, new projects or major redevelopment projects requiring a construction permit will be reviewed for compliance with the Standards and the Code. The staff is confident that communication with architects and engineers prior to completion of plans will result in few differences of opinion. When a difference of interpretation does occur during the plan review process (which is an existing process for all commercial and industrial projects), the owner may appeal Design Standard items to the Urban Design Commission and Code requirements to the Zoning Board of Adjustment. The single item of discussion during the public hearing at the Planning Commission was the proposed elimination of parking requirements in the Depot District. The proposal was made by staff to stimulate discussion, since the current ordinance in the Depot District allows a club to acquire parking within 1,100 feet of the business. The block size in the Original Town plat is 300 feet, meaning that a business can rent vacant parking as far away as 3.6 blocks. Patrons are not using the rented parking and the 524 Regular City Council Meeting June 24, 1999 Page 525 business owners are not being "forced" into developing adequate parking closer to the enterprise. Luther Avitts testified that he is of the opinion the property owners in the area are not "mature" enough to develop parking on their own. He recommended that not requiring parking would not be a long-term asset to the area. Mr. Avitts, in discussion with the other property owners in the District, suggested that staff require owned, leased or shared parking within 600 feet in the C134 District. This is a more realistic distance and is the same as proposed in C132 and C133. The Urban Design and Historic Preservation Commission and the Planning and Zoning Commission recommended adoption of the four new districts. Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10173 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (54.) Hold a public hearing to consider amendment of the Subdivision Regulations relating to residential street width standards as to same and further to consider Ordinance No. 10174 amending the required sidewalk location/width in residential districts (first reading). ORDINANCE NO. 10174 AN ORDINANCE AMENDING CHAPTERS 24 AND 25 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SIDEWALK AND STREET WIDTH STANDARDS FOR RESIDENTIAL STREETS; PROVIDING A MISDEMEANOR PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 2:26 p. in. Randy Neugebauer appeared in favor of the proposed amendment. No one appeared in opposition. Mayor Sitton closed the hearing at 2:28 p. in. Street Width Standards: Attached are several items as background: 1. Portions of a recent publication from the American Planning Association "The Principles of Smart Development". The streets portion is a case study from Eugene, Oregon. 2. A 1995 table of results from Texas cities for right-of-way width conducted by the Amarillo Planning Department. The Lubbock listing is the 32-foot "test" street rather than the current standard 36-foot street. The staff and development sector have debated the merits of more narrow cross sections of residential streets for more than ten years. In response to a mutual proposal by both staff and developers, through the variance process associated with plats. Numerous subdivisions have been built in south and southwest Lubbock using the 32 feet of paving in 52 feet of row section as a "test." 525 Regular City Council Meeting June 24, 1999 Page 526 Standards being discussed for changes to the Subdivision Regulations for street/ROW widths: 1. The current 36-foot street in a 56-foot right of way will remain in the Code as an option for new subdivisions or become a "sub - collector." The Code has no such distinction at present. With the introduction of the 32/52 proposal in #2, the sub -collector would benefit traffic on streets that serve more than just that one street, moving traffic to the internal collector streets or adjacent thoroughfares. The street will have a 10-foot parkway (that area from the front of curb to the property line). 2. The current cul-de-sac or "go nowhere" 32-foot street in a 52- foot right of way will become the standard in single family residential. This street will also have a ten -foot parkway. 3. A new cul-de-sac and connector street cross section is being proposed that maintains the 32-foot paved width but diminishes the "parkway" (that area from front of curb to the property line). The street parkway would be eight feet rather than ten feet as exists in #1 and #2, resulting in a 48 foot ROW. 4. The cul-de-sac right of way radius (creating the "bulb" of the cul- de-sac) of the two new streets will be proposed as 43 feet with a 35-foot paved radius. This radius is not optimal for the Fire Department, but is a compromise with the total radius reduction coming out of the ROW width rather than the paved width. When cars are parked in a cul-de-sac, fire trucks cannot turn around regardless of the paved radius. Pros and Cons of the proposed more narrow residential street: Pros: • The 32-foot width is essentially a three -lane street. When two vehicles are parked, and two moving vehicles approach, one must yield. This intentional congestion causes traffic to move slower and create a safer pedestrian/residential environment. With the current 36-foot, four -lane street, many traffic engineers and planners point out that unsafe speeds are common practice in residential subdivisions. • The 32-foot width versus the 36-foot width creates savings for initial construction and long-term maintenance of the street. The savings are associated with asphalt, as the amount of concrete in curb and gutter is the same in both streets. • Reduction of the right-of-way width does conserve land. In one mile most Lubbock subdivisions have 14 east/west streets. The resulting savings of land would be sixty feet, or enough to create 45 residential lots with 7,000 square feet each. Utilizing land in a more efficient manner creates efficiency for all city services, especially infrastructure. • Some residents prefer the fronts of homes moved closer by a narrower street and less front set back. The smaller scale creates a more pedestrian/resident friendly atmosphere. 526 Regular City Council Meeting June 24, 1999 Page 527 Cons: • As the opposite for the first bullet under the Pro column, many citizens in Lubbock are used to "wide open streets". The current 36-foot paving width allows for two lanes of parking and two passing lanes. • As the opposite for the second bullet under the Pro column, the reduction of street width (particularly in conjunction with reduced front set back) creates a less open atmosphere. This topic is subject to individual taste. • Emergency access - police, ambulance and especially fire, have long had a concern about more narrow streets. Lubbock currently has many miles of 30-foot paved streets in 50-foot rights of way that have been serviced by emergency vehicles for years. The trade-off for advantages noted elsewhere versus the odds of needing emergency access is subject to debate. The proposed streets have the limited support of the Fire Department with the minimum 35-foot radius paved cul-de-sac. • As neighborhoods mature, more on -street parking occurs. The increased number of parked cars increases congestion. • More narrow streets, particularly when built with curb back sidewalks, create a tendency to park on the sidewalk or parkway if vehicles have been hit in the past. The presence of vehicles on the sidewalks defeats the purpose of sidewalks as a safe pedestrian way. • The 52/32 street will not carry as much drainage runoff as the 56/36 street. When a potential drainage problem exists, the wider street will remain in the Subdivision Regulations for recommendation by Streets/Engineering. Within many subdivisions built since 1970 in Lubbock, the automobile dominates. Wide streets promote speeding and the primary function of residential areas has been overlooked during much of the discussion during the last 15 years, and that is subdivisions are for families to live in a safe environment. More narrow streets force a greater percentage of drivers to slow down and the result is a safer neighborhood. The proposal is recommended by the Planning and Zoning Commission. Sidewalk Location/Width: In conjunction with the discussion of changes to the street right-of- way/paving widths, a number of the "test" subdivisions have been approved for a five-foot sidewalk width when the walk is located behind the curb. The current standard for curb back walks is six feet. The staff and Developer's Council have recommended to the Building Board of Appeals the following adjustments to the sidewalk requirement section of the Code: 1. The current four -foot sidewalk located adjacent to the property line (leaving a dirt strip between the walk and curb) will remain an option in commercial and residential. 527 Regular City Council Meeting June 24, 1999 Page 528 2. In residential, a five-foot curb back walk will be allowed. The remaining right-of-way will be a dirt strip between the back of the sidewalk and the lot line. 3. In commercial and adjacent to public schools, the standard will remain six-foot curb back walks. As in #2, a dirt strip will remain in the right of way for location of light poles, stop signs, fire hydrants, etc. 4. An existing standard for four -foot walks back of curb along streets with alley access garages is proposed for deletion. The four -foot curb back walk will not accommodate mailboxes and comply with ADA. The revised plates for each of the alternatives noted above contain the requirement that a 36 inch clear, level path as required by the Americans with Disabilities Act shall be maintained. The Building Board of Appeals recommended the changes to the City Council. The four operating departments primarily involved in the discussion are Fire, Streets/Drainage, Traffic Engineering, and Planning. The Fire Department and Streets/Drainage have expressed basic support for the proposal. "Bigger is better" remains the feeling of several individuals. The Traffic Engineering and Planning Department express full support for the proposal for one primary reason — safety. The relatively small savings for land, paving and maintenance are not as significant as the provision of safer neighborhoods. Further, staff supported the recommendation of the Building Board of Appeals regarding the required sidewalk location/width standards. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10174 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (55.) Hold a public hearing to consider amendment of the Zoning Code for the districts within which carnivals can request a conditional use permit from the Zoning Board of Adjustment, and consider Ordinance No. 10175 (first reading). ORDINANCE NO. 10175 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITTING THE ZONING BOARD OF ADJUSTMENT TO GRANT SPECIAL EXCEPTIONS FOR CARNIVALS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 2:29 p. in. No one appeared to speak at the hearing. Mayor Sitton closed the hearing at 2:36 p. m. Recent discussions with groups, including the Children's Miracle Network and Cinco de Mayo, have indicated the need to discuss amendment of the Zo:iing Code for the status of carnivals. Within the current Code, carnivals and circuses are a conditional use in M-1 (requires a hearing by the ZBA) and a permitted use in the M-2 District. 528 Regular City Council Meeting June 24, 1999 Page 529 Carnivals are subject to a permit issued by the City Secretary that details: 1. Name, address and telephone of applicant(s). 2. Exact location of operation. 3. Dates and hours of public operation. 4. Time and length of performances, none over 14 days. 5. Description of buildings/tents. 6. Description of electrical wiring, equipment and mechanical rides. 7. Description of food concessions. 8. Types of animals to be exhibited. 9. Description of toilet facilities provided. 10. Description of security. 11. Provision of parking for one vehicle per 100 square feet of area encompassed by the carnival or circus. 12. Certificate of insurance. 13. $50 application fee. 14. Post cash or a bond to secure various payments. The City Manager or authorized representative reviews the application and may deny based on a finding of: 1. False or misleading information. 2. Inadequate location. 3. Minimum standards or orderly operation will not occur. 4. Approval from Zoning, Police, Fire Marshal, or Building is not in place. 5. Bond or insurance is not adequate. Included in agenda backup was a memo prepared by Council staff for Councilman Victor Hernandez regarding how carnivals are addressed by several other cities in the State. There is diversity of treatments, but all require some level of oversight (permits at a minimum and hearings for the most part). Alternatives 1. The carnival definition be added to the C-3 District and all the heavier use districts (C-4, Interstate districts, IDP, and continuing in the M-1), or whatever other districts may be chosen, as a conditional use. The conditional use requires a hearing, with notice, in front of the Zoning Board of Adjustment. 529 Regular City Council Meeting June 24, 1999 Page 530 2. The carnival definition be added to the ZBA list of exceptions (conditional uses) without regard for zoning district. In other words, a request could be processed in any area of town. This would avoid the exclusion of church properties and areas that have not been rezoned to commercial as would occur in the #1 alternative. The defense against negative impacts for neighbors would be within the hearing and consideration for approval or denial by the Zoning Board of Adjustment. 3. Allow the carnivals in the same districts noted in #1 with the provision that an administrative permit is required. The new permit can include the current permit requirements as well as adding any notice or signatures for/from adjacent owners that is reasonable. 4. Leave the Code as it exists now for conditional uses in M-1 and permitted uses in M-2. Plus and minus aspects of the proposals: Pros • The change will substantially open up the locations available for carnivals. In the past years, a number of non-profit groups have expressed the desire to host these traveling carnivals as fundraisers. Several "big box" (Wal-Mart and Kmart) stores have inquired about hosting carnivals. Because of the limitation to M-1 and M-2 zoned locations, very few have actually held an event. • The ZBA alternative would create a public forum for each request. The practical problem is that many of the organizations come in at the last minute, too late to file and process a ZBA request. • The administrative permit alternative would allow for last minute requests to be processed, but may not give as many neighbors the chance for comment that the ZBA process allows. Often, the proponents of carnivals forget about the ZBA process and the time frame that is involved. Cons: • The presence of carnivals or kiddie ride attractions in the parking lots of large commercial centers often is an irritant to at least some of the tenants who may not have a say in the overall operation of the shopping center. In theory, the landlord or anchor tenant who sponsors a carnival should have the approval of tenants, but experience indicates that often is not true. • Adjacent tracts of land can be affected by the carnival operations, particularly by congestion and parking issues. RG111 Regular City Council Meeting June 24, 1999 Page 531 • The Lubbock Zoning Code prohibits outside business activity in commercially zoned districts with a few exceptions (car dealers and several C-4 uses), and except when a grand opening/outdoor promotional event is permitted. The relevant question is whether or not the community either cares or desires to have the added clutter or excitement (depending on ones perspective) of the carnival activity. Having carnivals available through a ZBA hearing would be very similar in land use to the existing outdoor promotional sales event that is available to every commercial piece of property for 18 days per year. The events may have: • Outdoor display of products in a manner not affecting parking. • Tents. • Banners flat against the walls of trucks, tents or buildings. • Pennants secured in a safe manner. • Cold air inflatable and "heavy duty" helium balloons (no latex). With a letter of support from Children's Miracle Network, staff supported alternative #2 (ZBA approval in any district) which the Planning Commission recommended to the City Council. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10175 with the following amendment: that the notification requirement in the area of the proposed carnival be extended to 400'. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez recused himself. MISCELLANEOUS (56.) Resolution No. 6421 giving Notice of Intent to enter into a tax abatement agreement with M.D.M. Investments, Inc. RESOLUTION NO. 6421 WHEREAS, the City Council has determined to give notice of its intent to enter into a Commercial Tax Abatement Agreement with M.D.M. Investments, Inc.; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Commercial Tax Abatement Agreement with M.D.M. Investments, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 1206 14th Street in the City of Lubbock, Lubbock County, Texas and further described as Lots 1-5 and 16-20 Block 163 and Lots 11-20 Block 147 of the Original Town of Lubbock, Lubbock County, Texas. 531 Regular City Council Meeting June 24, 1999 Page 532 Passed by City Council this 24th day of June, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 6421. Staff has received a request from M.D.M. Investments, Inc. for commercial tax abatement in the North Enterprise Zone. M.D.M. Investments, Inc. intends to renovate the existing building located at 1206 14th Street of the Original Town of Lubbock. M.D.M. Investments, Inc. plans to expend approximately $4,270,000 in building related structural improvements and equipment on the project (Omni Office Centre). The recommended abatement term is five years with a declining percentage schedule beginning at 100 % and declining 20 % in each subsequent year of the abatement. The abatement amount for the City of Lubbock is: Year 1 100% $24,766 Year 2 80 % 19,813 Year 3 60 % 14,860 Year 4 40 % 9,906 Year 5 20 % 4.953 $74,298 The total city abatement over the life of the contract is $74,298. The total county abatement over the life of the contract will be $36,533. The expenditure of $4,270,000 exceeds the $250,000 minimum investment criteria set forth in Section IV(10)(a) of the Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones in the City of Lubbock adopted by the City through Resolution No. 5680. The project will add $4.27 million in new value to the tax base in the North Enterprise Zone and Lubbock's central business district. Under the current guidelines, M.D.M. Investments, Inc. is eligible and meets all the criteria for tax abatement. 532 Regular City Council Meeting June 24, 1999 Page 533 C. David Sharp, CEO of Market Lubbock, Inc., presented comments. Staff concurred with Market Lubbock, Inc. for approval of the tax abatement for a term of five years with a declining schedule beginning with 100 % and declining by 20 % each year. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 6421 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember McDougal abstained; Councilmember Ince voted Nay. (57.) Resolution No. 6422 creating a City of Lubbock Youth Commission. RESOLUTION NO. 6422 WHEREAS, the youth of Lubbock are an important and valuable part of the community with ideas and perspectives that offer unique insight into our City's quality of life; and WHEREAS, the City Council and City administrators of the City of Lubbock make decisions routinely that affect the youth in our community; and WHEREAS, the City Council wishes to provide the youth of Lubbock with an opportunity and a vehicle to respond to and provide input into the decisions and policies that are made that affect young persons; and WHEREAS, it is the opinion of the City Council that the best interests of the citizens of the City of Lubbock would be served by establishing a Youth Commission for the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. A Youth Commission is hereby established for the City of Lubbock. The goals and objectives of the Commission shall be to develop an alliance among youth, youth service agencies, city government, schools, and the community to secure for all children and youth the highest advantage in physical, mental, social, and moral development, and to advise on how to solve the problems encountered in providing services to the youth of the community. Furthermore, the Commission will work towards unifying the youth of Lubbock into a positive force for the good of the community. Section 2. The Commission will act as an advisory committee to the Mayor and City Council on youth issues. The Commission shall consist of 36 student members of 14 to 18 years of age. They will be representatives from Lubbock and area junior and senior high schools. In addition to the 36 student members, there will be seven (7) adult advisors to the Commission for a total Commission membership of 43. Terms of office will be for two years. Students and adults desiring to serve on the Commission will complete an application for a position and will be interviewed and recommended by a panel appointed by the Commission. The recommendations will be submitted to the City of Lubbock Appointments Advisory Board and forwarded to the City Council for final consideration. Initial appointments prior to creation of the panel shall be made by the City Council based upon the recommendation of the Lubbock Appointments Advisory Board and the appointees shall have an initial term of either one year or two years as determined by a chance drawing for terms. The City of Lubbock Youth Coordinator will serve as staff liaison to the Commission. Section 3. Regular meetings will be held during the school year at a time established by a majority of the Commission members. A simple majority of members shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Commission. 533 Regular City Council Meeting June 24, 1999 Page 534 Section 4. The Commission shall select a Youth Council consisting of a mayor, mayor pro tem, two secretaries, a public relations representative, a treasurer and a historian from among its membership at its initial meeting. Said officers shall serve for one year or until such time as their successors are appointed. Section 5. An annual report shall be presented by the chair of the Commission to the Mayor and City Council of the Commission's interactions, activities, and progress as related to its established purpose not later than June 30 of each year. Additional reports shall be submitted as requested by either the City Council or the Commission. Passed by City Council this 24th day of June, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Everett Hooper Everett Hooper Youth Services Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Included in agenda backup was the proposed resolution to create a City of Lubbock Youth Commission. The Youth Commission is proposed to have 36 student members and seven adult advisors. Included in this Commission will be a seven member Youth Council modeled after the City Council, which will include one Mayor, one Mayor Pro-Tem, two Secretaries, one Public Relations Representative, one Treasurer, and one Historian. The age range for the members will be 14 to 18. The resolution provides goals and objectives, a process for the appointment of members, a structure for meetings, and a process for the selection of the Youth Council. The Lubbock Youth Commission will strive to give a voice to Lubbock youth and provide a youth perspective on community issues. The Youth Commission will seek to train the leaders of the future and provide an opportunity for youth to serve the city in which they live. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 6422 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 534 Regular City Council Meeting June 24, 1999 Page 535 BOARD APPOINTMENTS (58.) Consider one appointment to the MHMR Public Responsibility Committee. Irma Guerrero's term expires August 1999. She has served three terms and is not eligible for reappointment. A copy of the current roster and other supporting documentation were included in agenda backup. The Appointments Advisory Board recommended the following: Esmeralda Benitez Martha Medina Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Esmeralda Benitez to the MHMR Public Responsibility Committee. Motion carried: 6 Yeas, 0 Nays. (59.) Consider two appointments to the Electric Utility Board. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Ken Jones and Robert Massengale to the Electric Utility Board. Motion carried: 6 Yeas, 0 Nays. (60.) Consider one appointment to the Board of Health. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Chris Lonngren to the Board of Health. Motion carried: 6 Yeas, 0 Nays. (61.) Consider one appointment to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Billie Jean Caviel to the Zoning Board of Adjustment. Motion carried: 6 Yeas, 0 Nays. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to reconsider Item No. 50. Motion carried: 6 Yeas, 0 Nays. Council then reconsidered the item and continued it until the August 12, 1999 City Council Meeting (see Item No. 50). 2:47 P. M. COUNCIL RECESSED 3:30 P. M. COUNCIL RECONVENED 535 Regular City Council Meeting June 24, 1999 Page 536 3:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal made a motion to adjourn; Councilmember Ince seconded the motion. Motion carried: 2 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment (Mayor Sitton, Councilmember Ince, and Councilmember McDougal). WINDY SITTON, AYOR AT EST: 1 f kayth' ( arnell, City Secretary Read and approved this Z& day of 1999 ,i IINDYSITTO�, M YOR Kaythi , arnell, City Secretary 536