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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 22, 1998 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of October, 1998, 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 Victor Hernandez, Councilmember Marc McDougal, Council - member David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary CITIZEN COMMENTS Two citizens presented comments to the Council. They were: Cecil Puryear, and Alex Scarborough. In reference to the annexation interlocal agreements, Mr. Scarborough requested that the documents be reviewed. Ms. Burgess, City Attorney, stated that the documents were in the process of being reviewed. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (Streets; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Lubbock Power and Light; Water Utilities). 7:39 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Streets; 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: Regular City Council Meeting October 22, 1998 Page 264 Building Board of Appeals Complete Count Committee Human Relations Commission Library Board Permit and License Appeal Board Planning and Zoning Commission Structural Standards Commission ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Lubbock Power and Light; Water Utilities). 9:38 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councihnembers were present. (5.) Presentation on proposed future bond financing by Debra Forte, First Assistant City Manager, and Betsy Bucy, Director of Finance. ( 6.) Presentation of 1998 update on City of Lubbock's Cost Recovery program and Managed Competition Task Force policy discussion by Debra B. Forte, First Assistant City Manager, and William de Haas, Competition and Contract Manager. ( 7.) Report to City Council on results of RFP for Residential Recycling Services (RFP #98177) by Vance Kemler, Solid Waste Superintendent. 10:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councihnember Alex "Ty" Cooke, Councihnember Victor Hernandez, Councihnember Marc McDougal, Councihnember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None Mayor Sitton called the meeting to order at 10:35 A. M. ( 8.) Minister Thomas Perchlik, First Unitarian Universalist Church, gave the invocation. (9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Market Lubbock, Inc. Receiving: Alan White (unable to attend) Planning and Zoning Commission Receiving: Daniel Pope Regular City Council Meeting October 22, 1998 Page 265 CAC Community/Municipal Facilities Subcommittee Receiving: Jim Brunjes Mike Calfin Jacque Garcia (unable to attend) Dr. Heenan Johnson III (unable to attend) Ross McKillip Bonner Smith Kay Sanford (unable to attend) Maggie Trejo Renee Underwood Mayor Sitton named Mr. Brunjes as Chair. Complete Count Committee Receiving: Ernesto Barton Waylon Carroll Shirley Cleveland Kay Fairbanks Celia Glick Letticia Martinez Robert Massengale Sandy Ogletree (unable to attend) Dwight Pierce (unable to attend) Rev. D. A. Smith Michael Sommermeyer John Walls John Washington Steve Watt Mayor Sitton named Mr. Massengale as Chair. Mayor Sitton recognized Rev. D. A. Smith's mother, Viccy Smith of Los Angeles, California, and presented her with a Honorary Citizen's Award. CITIZEN APPEARANCES (10.) Recognize Randy Neugebauer for his accomplishments in transportation. In the fall of 1997, the City Council went through their Council goal setting. In that session, the Council as a body decided to continue efforts to improve routes south of Lubbock to the Mexican border and the seaports, and north of Lubbock through Amarillo to Denver. As with so many worthwhile projects, a Councilmember is assigned as liaison to lead the Council's effort. For this project, then Councilmember Randy Neugebauer was assigned to the project. Mr. Neugebauer coordinated efforts with Congressman Combest's office and was able to obtain a high priority corridor designation in the newly reauthorized ISTEA law which is now TEA 21 (Transportation Efficiency Act for the 21st Century). The designation means that the coalition's corridor is eligible for federal funding. There has been $700 million designated for corridors and border crossings over the next five years. This translates into $140 million available annually. KIR Regular City Council Meeting October 22, 1998 Page 266 Mr. Neugebauer has also been instrumental in developing a coalition of 16 cities and counties in the region, in addition to developing partnerships with chambers of commerce and businesses that have joined this transportation initiative. This was highlighted with a Port -to -Plains Summit in Amarillo where speakers from as far as Chicago were present to speak about the merits of this project as well as educate others about the coalition and its efforts. Mr. Neugebauer recently was in Houston to provide testimony on the City of Lubbock and the Ports -to -Plains corridor coalition. At the session, Mr. Neugebauer advocated for funding for the Ports -to -Plains Coalition. Next month, he will be in Colorado attempting to add additional members to our coalition. Additionally, he will travel to Mexico in that same month to continue to cultivate relationships with Mexican nationals and learn firsthand how Mexico will interface with Texas on border issues. Staff recommended that Council present Mr. Neugebauer with a framed and signed TEA 21 law. (11.) Presentation by Mayor Sitton to Dale Chapman of the Chapman Forestry Foundation for their generous contributions to the urban beautification of the Lubbock community. A. Dale Chapman, founder of the Chapman Forestry Foundation, initially approached the Parks and Recreation Department with the desire for trees at the Berl Huffman Athletic Complex. Mr. Chapman's grandchild plays soccer at the Huffman Complex, and Mr. Chapman thought more shade trees and windbreaks would be welcome additions at that site. To this end, the Foundation agreed to donate $5,000 toward the purchase of the trees for the Complex. After the first donation, Mr. Chapman indicated the he was interested in donating more trees in the city. As a professional forester for more than 60 years, Mr. Chapman knows the value of trees in a community's urban beautification. In 1997, a proposal was prepared by the Parks and Recreation Department and presented to the Foundation board. The board accepted the proposal, and a tree planting and irrigation program was developed for a five-year period totaling $100,000. The emphasis on the program is to plant trees wherever there is a need throughout the city. The Chapman Forestry Foundation donation, which is being coordinated with the recently completed master plan, will see more than 700 trees planted throughout the city in the five year period. On behalf of the citizens of Lubbock, Mayor Sitton presented a plaque to Mr. Chapman to express appreciation for the Foundation's contribution to the quality of life in Lubbock. (12.) Presentation by Mayor Sitton of the J. Howard Beard Award for "Communication is Key: Developing a Public Health Reporting Program" to the Health Department. The Health Department was presented this award by the National Association of County and City Health Officials (NACCHO) at the NACHO Annual Conference held in St. Louis Missouri on September 25, 1998. In 1995, the City Council directed the Health Department to get out of direct care. The Health Department initiated a process to Regular City Council Meeting October 22, 1998 Page 267 focus on the Core Public Health functions: Assessment, Policy Development, and Assurance. A multi -dimensional system for reportable health conditions was developed including: • One telephone number with 24 hour access for reporting conditions • Conducting laboratory surveillance • Developing a community -wide forum for the health care community • Educating providers of health care • Presenting monthly reports • Becoming involved in hospital's infection Control Committees Since the program was established, communicable disease reporting has increased by over 2.5 tunes. Consortium attendance has increased from 40 agency representatives at the first meeting to 139 agencies. Studies at the County -supported hospital showed that disease reporting doubled between 1996 and 1997. This national recognition shows the community that the Lubbock City staff is on the cutting edge of developing innovative solutions to our problems. Mary Strange accepted this award on behalf of the Health Department. (13.) Murray W. Coulter, President, Texas Tennis Association, presented the United States Tennis Association "Outstanding Municipal Tennis Facility for 1998" award to the Burgess/Rushing Tennis Center. Murray W. Coulter, President, Texas Tennis Association, presented the United States Tennis Association "Outstanding Municipal Tennis Facility for 1998" award to the Burgess -Rushing Tennis Center. The criteria for the award include facility design, layout, facility amenities, and the programming offered. The Burgess -Rushing Tennis Center is one of eleven such centers that received the award in 1998. This is the second time that the facility has received this recognition; the Center, then named the Municipal Tennis Center, first received the award in 1986. Located at 3030 66th Street, construction on the center began in 1977, and the facility opened in 1978 featuring twelve full -regulation lighted courts, bleachers, a pro shop, and excellent landscaping. The facility was renamed the Burgess -Rushing Tennis Center in October 1997 in honor of Hubert Burgess, often referred to as the "Father of Tennis" in Lubbock, and W. B. "Dub" Rushing, known as "Mr. Tennis." Improvements to the Center over the past six years have secured its place among the premier tennis facilities in the nation. The improvements include: • Rebuilding and resurfacing the twelve courts • New fencing for the courts 267 Regular City Council Meeting October 22, 1998 Page 268 • New bleachers • Lighting improvements • Renovating restrooms for ADA accessibility • Establishment of the Burgess and Rushing Memorial Groves through a donation by the Hubert Burgess family Furthermore, the facility will soon be enhanced with interior renovations including carpet replacement and new exterior doors. In addition, new benches, purchased with a $5,000 donation from W. B. "Dub" Rushing, will be installed in October. Murray Coulter, Lubbock resident and USTA Texas section president, accepted the award on behalf of the center in White Plains, New York during the U.S. Open Tennis Tournament last month. The Burgess -Rushing Tennis Center fulfills its purpose by enhancing the physical health and quality of life for the citizens of Lubbock. Furthermore, the facility contributes to the economy by bringing major tournaments, such as the Highway 80 event, to Lubbock. This award exemplifies the City's commitment to maintaining and improving the Burgess -Rushing Tennis Center. The USTA "Outstanding Municipal Tennis Facility for 1998" award was presented to Mayor Sitton. Mayor Sitton also recognized Dub Rushing and invited him to speak. TOP TEN Councilmember David Nelson gave his Top Ten Positive Things About Lubbock. CONSENT AGENDA (Items No. 14 - 39) 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. (14.) Approval of the minutes of the Regular City Council Meeting of October 8, 1998. (15.) Ordinance No. 10106 abandoning and closing a 20-foot Ingress - Egress easement located along the west 20-feet of Lot 13, Spur 327 Business Park Addition to the City of Lubbock (5902 66th Street) (second and final reading). ORDINANCE NO. 10106 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT INGRESS - EGRESS EASEMENT LOCATED IN LOT 13, SPUR 327 BUSINESS PARK, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Regular City Council Meeting October 22, 1998 Page 269 (16.) Ordinance No. 10107 abandoning and closing two portions of 98th Street just west of Orlando Avenue in Sections 14 and 17, Block E-2, Lubbock County, Texas (9802 Orlando Avenue) (second and final reading). ORDINANCE NO. 10107 AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF 98TH STREET IN SECTION 14, BLOCK E-2 AND SECTION 17, BLOCK E-2; LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 10108 abandoning and closing a 20-foot alley in Section 7, Block B, and a 37.5-foot power line easement located in Section 7, Block B, Lubbock County, Texas (3202 Avenue B) (second and final reading). ORDINANCE NO. 10108 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY LOCATED IN SECTION 7, BLOCK B, LUBBOCK COUNTY, TEXAS, AND A 37.5 FOOT POWER LINE EASEMENT LOCATED IN SECTION 7, BLOCK B, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO RELECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 10109 abandoning and closing portions of a 2.00-foot LP&L easement in Lot 5 and a 10.00-foot utility easement in Lot 6, Block 22, Coronado Addition to the City of Lubbock (2419 Hickory Avenue) (first reading). ORDINANCE NO. 10109 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 2.00 FOOT LP&L EASEMENT IN LOT 5 AND A 10.00 FOOT EASEMENT IN LOT 6, BLOCK 22, CORONADO ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 2.00-foot LP&L easement along the east two feet of Lot 5, Block 22, Coronado Addition and a 10.00-foot utility easement along the west 10.00 feet of Lot 6, Block 22, Coronado Addition. These easements are located just east of Globe Avenue and - south of East 25th Street and are being closed for building purposes by the Habitat for Humanity. The Right -of -Way Department recommended approval of the first reading of this ordinance. 269 Regular City Council Meeting October 22, 1998 Page 270 (19.) Ordinance No. 10110 abandoning and closing a five-foot LP&L underground utility easement and six-foot by six-foot LP&L switching enclosure easement in Tract B, Postar Addition to the City of Lubbock (2407 82nd Street) (first reading). ORDINANCE Q. 10110 AN ORDINANCE ABANDONING AND CLOSING A FIVE FOOT UNDERGROUND UTILITY EASEMENT AND A SWITCHING ENCLOSURE EASEMENT LOCATED IN TRACT B, POSTAR ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes an LP&L five-foot underground utility easement along the west five feet of Tract B, Postar Addition and a six-foot by six-foot switching enclosure easement at the southwest corner of Tract B, Postar Addition. This addition is located just south of 82nd Street and east of University Avenue and is being closed for building purposes. LP&L does not need these easements. The Right -of -Way Department recommended approval of the first reading of this ordinance. (20.) Ordinance No. 10111 abandoning and closing a portion of Hartford Avenue adjacent to Tract G, Westhaven Addition to the City of Lubbock (220 Hartford Avenue) (first reading). ORDINANCE NO. 10111 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF HARTFORD AVENUE ADJACENT TO TRACT G, WESTHAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This 177.5-foot by 50-foot portion of Hartford Avenue is being closed as part of the replatting process in the area north of 4th Street west of Gary Avenue, and south of 2nd Street by Fourth Street Development for an apartment complex. This 8,875 square foot portion of Hartford Avenue was dedicated several years ago by plat and at present is a dead-end street. The developers will be charged 18 cents per square foot (taken from Appraisal District values and area sales) for this portion of Hartford Avenue being closed for a total due the City of $1,597.50. The Right -of -Way Department recommended the first reading of this ordinance. (21.) Ordinance No. 10112 amending Chapter 16, Motor Vehicle and Traffic, Section 175.2 of the Code of Ordinances to add school zones on Memphis Avenue at 86th Street (20 mph), and Slide Road (FM1730) at 73rd Street (30 mph) (first reading). 270 Regular City Council Meeting October 22, 1998 Page 271 ORDINANCE NO. 10112 AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. Honey Elementary (Memphis Avenue and 86th Street) has requested a school zone for several years at this intersection but did not meet the criteria established between LISD, Traffic Engineering and Lubbock Police Department. This summer Traffic Engineering installed an all - way stop at this location to improve safety. Since school began this year, this area now meets the criteria for a reduced speed school zone. Approximately 46 children cross the street at this location, and even with an all -way stop a significant number of the cars are going over 30 mph near this intersection. The new school zone 200 feet either side of the intersection will be 20 mph. Whiteside Elementary (just west of Slide Road and 73rd Street) has a significant number of elementary students that must cross Slide Road at the signalized intersection with 73rd Street. While there is a crossing guard at this location, the guard has reported that the traffic on Slide Road goes very fast and has often barely missed a child. The Citizen Traffic Commission asked the Traffic Engineering Department to review this location for a school zone at their May 1998 meeting. The first time the Department was able to review it was September, which revealed it also met the criteria for a school zone. The Department has already obtained TxDOT's approval to install a school zone of 30 mph (reduced from the normal 45 mph posted speed). New construction costs for these two school zones are available in the Traffic Signal Capital Projects Fund. Operations costs can be absorbed in the existing Traffic Operations. The Traffic Engineering Department and the Citizens Traffic Commission recommended approval of the first reading of this ordinance. (22.) Resolution No. 6066 authorizing the Mayor to execute a monitor well license with Western Marketing, Inc. for use of the city street (3305 Oxford Avenue). RESOLUTION NO. 6066 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 Street/Alley and/or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Western Marketing, Inc., attached hereto, 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. 271 Regular City Council Meeting October 22, 1998 Page 272 Passed by City Council this 22nd day of October, 1998. /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 Chamales Linda Chamales, Assistant City Attorney A copy of the Permit is filed with Resolution No. 6066. This monitor well license allows Western Marketing, Inc.'s representative, Daniel B. Stephens and Associates, to drill a monitor well in the east parkway of Oxford Avenue, approximately 100 feet south of 33rd Street. The Preston Milk Store at 4102 34th Street has had fuel leaking into the ground from a fuel tank at this location and the TNRCC has requested that they go off site with this investigation to determine how far this fuel contamination has spread. This permit is for 20 years, payable every five years in advance. All utilities are in agreement, and the City will receive $100 per year for this well location. The Right -of -Way Department recommended the approval of this monitor well license. (23.) Resolution No. 6067 authorizing the Right -of -Way Department to make an offer to Lovelle G. Owens for a 11,053.21 square foot tract of land out of Section 9, Block E, Lubbock County, Texas for the 82nd Street widening project, I-27 to Avenue U (1901 82nd Street). RESOLUTION NO. 6067 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 and public use and purposes, to -wit: for the widening of 82nd Street, I- 27 to Avenue U, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such lands as needed for such purposes as aforesaid: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: 272 Regular City Council Meeting October 22, 1998 Page 273 A 11,053.21 square foot tract out of a 5.083 acre o a tloc ted in Section 82nd Block E, Lubbock County, Texas, being the p p rg Street, being further described by metes and bounds as follows: BEGINNING at a "PK" nail set in the South right-of-way line of 82nd Street which bears S. 00001' 54" E. 40.00 feet from the Northwest corner of the Northeast Quarter of Section 9, Block E, Lubbock County, Texas; THENCE S.89057'29" E., along said South right-of-way line, a distance of 572.61 feet to a 1/2" rod with cap set for a point of intersection; THENCE S. 87032' 12" W., along the proposed South right-of-way line of 82nd Street, a distance of 324.02 feet to a 1/2" rod with cap set for a point of intersection; THENCE Southwesterly, along said proposed right-of-way line, around a curve to the right, said curve having a radius of 875.21 feet, a central angle of 02030'21", tangent lengths of 19.14 feet and a chord distance of 38.27 feet to a 1/2" rod with cap set for a point of tangency; THENCE N. 8905729" W., along said proposed right-of-way line, a distance of 144.99 feet to a 1/2" rod with cap set for a point of curvature; THENCE Southwesterly, along said proposed right-of-way line, around a curve to the left, said curve having a radius of 30.00 feet, a central angle of 90000'28", tangent lengths of 30.00 feet and a chord distance of 42.43 feet to a 1/2" rod with cap set for a point of tangency in the proposed East right-of-way line of Avenue "U"; THENCE S. 00002'05" W., along said proposed right-of-way line, a distance of 60.62 feet to a 1/2" rod with cap set for a point of intersection; THENCE S. 02'D08' 15" W., along said proposed right -of way line, a distance of 46.83 feet to a 1/2" rod with cap set in the South line of said 5.083 acre tract; THENCE N. 89057'29" W., along the South line of said 5.083 acre tract; a distance of 33.75 feet to a 1/2" rod with cap set in the West line of the Northeast Quarter of Section 9 for the Southwest corner of said 5.083 acre tract; THENCE N. 00001'54" W., along the West line of said 5.083 acre tract and the West line of the Northeast Quarter of Section 9, a distance of 152.42 feet to the POINT OF BEGINNING. SECTION 2. THAT the owner of said tract, being LOVELLE G. OWENS, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $35,750.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement. 273 Regular City Council Meeting October 22, 1998 Page 274 Passed by City Council this 22nd day of October, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice /s/ WINDY SITTON WINDY SITTON, MAYOR This 11,053.21 square foot tract of land is located at the southeast corner of 82nd Street and Avenue U and is needed for the 82nd Street widening project. This tract of land is for the turn radius of Avenue U and the transition area of 82nd Street where the street is relocated northward. This property was appraised by Tommy Cantrell, M.A.I. He appraised this 11,053.2 square feet at $1.75 per square foot for a total taking of $19,350. He appraised the damages at $16,400 due to the reduction in property depth in the transition area. Therefore, our total offer to Mrs. Owens is $35,750. This resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire the property. The Right -of -Way Department recommended the approval of our offer to Mrs. Owens. (24.) Resolution No. 6068 authorizing the Mayor to execute an Interlocal agreement between the City of Lubbock and Texas Tech University Health Sciences Center to provide for services under the Texas Department of Health Title V contract with TTUHSC. RESOLUTION NO. 6068 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement to provide community disease prevention, education, and monitoring, by and between the City of Lubbock and Texas Tech University Health Sciences Center, and related documents. Said Interlocal Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City _ Council. 274 Regular City Council Meeting October 22, 1998 Page 275 Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director of Health and Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager A copy of the Interlocal Agreement is filed with Resolution No.6068. This is our third year of participation in the three-year grant from the Texas Department of Health to TTUHSC. The program provides direct and community services to low income, at -risk women and children who do not have access to health care through Medicaid or private health insurance. The grant fulfills the Core Mission of public health to provide population -based services. Overall program goals are to reduce fetal deaths, infant mortality and low birth weight infants, and to increase the number of women receiving first trimester prenatal care and postpartum health care. The Health Department continues to educate women and providers and to facilitate access to care, two of the Essential Services of Public Health. Through our involvement with Title V, Part B, staff demonstrates the ability to form cooperative working relationships with academia (TTUHSC) and with private providers (the Presbyterian Clinic at Community Health Center of Lubbock). The interlocal agreement totals $77,898, an increase of $12,430 (19%) over last year, due to increases in salary, fringe benefits, indirect costs, and the addition of part-time clerical assistance. The contract will provide sufficient funds for the salary and fringe benefits for a registered nurse and a data entry clerk --the two individuals primarily responsible for the success of this program. Staffing has not increased over last year. The clerk will be provided through an employment agency. In addition, funding for travel ($939), supplies ($518), and indirect (administrative) costs ($2,376) is included in the contract. This agreement supports the Health Department Mission Statement to "develop new insights and innovative solutions to health problems." Therefore, staff recommended approval of the resolution. 275 Regular City Council Meeting October 22, 1998 Page 276 (25.) Resolution No. 6069 authorizing acceptance of water and sanitary sewer improvements for Lots 258-300, Tract A7 and Tract A8, Summerfield Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6069 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 258-300 AND TRACTS A7 & A8, SUMMERFIELD ADDN. TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 258-300 and Tracts A7 & A8, Summerfield Addition 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 sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $75,189.74 with the improvements constructed by Utility Contractors of America having a value of $48,331.85 as determined by the unit prices established by said Chapter 28, and $26,857.89 cash paid to the City, which amount includes $25,691.66 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $0.00 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; and WHEREAS, the construction of the said water and 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 $0.00 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. 276 Regular City Council Meeting October 22, 1998 Page 277 Passed by City Council this 22nd day of October, 1998. /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 Chamales Linda 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 $75,189.74 including value of construction costs of $48,331.85 and $26,857.89 cash paid to the City of Lubbock. The developer, Lubbock Land Company, will not receive a refund and there is no refund of deposit. This subdivision is located at 89th Street and Detroit Avenue. Staff recommended acceptance of these improvements. (26.) Resolution No. 6070 authorizing the Mayor to approve an application for a state administered, federally financed Holiday Driving While Intoxicated Selective Traffic Enforcement Grant (DWI S.T.E.P.). RESOLUTION NO. 6070 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 Grant Agreement, between the City of Lubbock and the State of Texas, for the Texas Highway Traffic Safety Program, Selective Traffic Enforcement Program, Holiday Driving While Intoxicated Selective Traffic Enforcement Program, a copy of which is attached hereto, 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. The City Council hereby agrees to a cash match of $3,990.00 from the City to fund 50 % of the project, as required by the State of Texas in order to be eligible to receive such State and federal assistance. 277 Regular City Council Meeting October 22, 1998 Page 278 Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Daniel T. Saluri Daniel T. Saluri, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 6070. This is a grant utilizing off duty personnel working overtime to enhance the detection and apprehension of drunk drivers. Awards for this grant have been set beginning with the first approved holiday period, October 29-31, 1998, upon approval of the Lubbock City Council. This is to be a 50150% funded grant in the amount of $8,000 to be administered during FY 1998-99. The Lubbock Police Department recommended the approval of this grant proposal. (27.) Resolution No. 6071 authorizing the Mayor to execute a contract with The Price Communications Group to provide marketing services to Citibus. RESOLUTION NO. 6071 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 advertising services for Citibus, by and between the City of Lubbock and The Price Communication Group, 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. 278 Regular City Council Meeting October 22, 1998 Page 279 Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6071. This contract will allow marketing services to be provided to Citibus from October 1, 1998 through September 30, 2001. The services were included in the FY 1998 budget and will include the following: improving the image of Citibus, preparing a detailed written marketing plan for each fiscal year, creating and executing the Texas Tech University ridership campaign, informing the public of any changes to the system or the routes, building public sentiment that public transportation is good for the City, preparing interior bus and shelter signage, promoting different aspects of the system and services, designing brochures and maps as necessary, contracting for the placement of all advertising, and rendering any additional public relations or marketing services as needed throughout the duration of this contract. An RFP was sent to all local advertising agencies, and the following four agencies made presentations to the Lubbock Public Transit Advisory Board (TAB) on September 22, 1998: The Ad Shoppe, Caviness Advertising/Public Relations, Inc., Fellers, A Marketing and Advertising Company, and The Price Communications Group. The evaluation criteria are consistent with those selected by the TAB in 1990. The time limits and order of presentations were carried out as directed by the board chair and evaluations rendered by the board members following all presentations. The Citibus staff responded to questions regarding the presentations prior to the board selection. The agencies were evaluated on the basis of content, creativity, qualifications, and experience. After their presentations, the TAB members ranked the agencies in the following order: (1) The Price Communications Group, (2) Caviness Advertising/Public Relations, Inc., (3) Fellers, A Marketing and Advertising Company, (4) The Ad Shoppe. An increased awareness by the general public of Citibus' contribution to the City, a positive image, and increased ridership are anticipated from this contract. Citibus, upon directions of the Lubbock Public Transit Advisory Board, therefore recommended approval of this contract. 279 Regular City Council Meeting October 22, 1998 Page 280 (28.) Resolution No. 6072 authorizing the Mayor to execute Amendment No. 1 to Contract No. 51905F-1004 with the Texas Department of Transportation (TxDOT) for operating assistance. RESOLUTION NO. 6072 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, Amendment #1 for the State Urban Public Transportation Grant Agreement, by and between the City of Lubbock and the Texas Department of Transportation, and 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 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Amendment is filed with Resolution No. 6072. TxDOT is allocating an additional amount of $132,214 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) bringing the total annual for FY 1998-99 in state operating assistance to $835,996. Amendment No. 1 to the original contract becomes effective October 1, 1998, and shall terminate on August 31, 1999. There is a good possibility that the City of Lubbock will receive additional funding from the State after January 1999. Acceptance of Amendment No. 1 will result in no additional cost to the City of Lubbock. Citibus staff recommended the approval of Amendment No. 1 to Contract No. 51905F-1004. (29.) Resolution No. 6073 authorizing the Mayor to execute a Funding Contract between the City of Lubbock and Lubbock United Neighborhood Association. M.T11 Regular City Council Meeting October 22, 1998 Page 281 RESOLUTION NO. 6073 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 funding neighborhood association organization and development, by and between the City of Lubbock and Lubbock United Neighborhood Association, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6073. In August 1998, as a part of the budget process, Council voted to approve a one-time grant of $28,000 to Lubbock United Neighborhood Association. The primary responsibilities of LUNA under this agreement are to organize new neighborhood associations as requested and to support existing neighborhood associations by printing newsletters, maintaining a resource library and coordinating joint neighborhood association workshops and activities. Staff recommended approval of this resolution and contract. (30.) Resolution No. 6074 authorizing the Mayor to execute a Land Brokerage Policy for the Lubbock International Airport. RESOLUTION NO. 6074 WHEREAS, the City of Lubbock finds that there is a need for a policy regarding land brokerage at Lubbock International Airport; and WHEREAS, the Airport Board of the City of Lubbock approved said policy. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 281 Regular City Council Meeting October 22, 1998 Page 282 THAT the City Council of the City of Lubbock hereby adopts the Lubbock International Land Brokerage Policy. Said Policy is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the International Land Brokerage Policy is filed with Resolution No. 6074. As a part of the Interport Trade Center development project, the airport staff has evaluated a number of strategies for marketing commercial property at the airport. While the evaluation will continue, one strategy, the payment of brokerage fees to commercial realtors, has been identified as being clearly effective. This agenda item proposes the establishment of a brokerage fee policy for land leases at the airport that have an initial term of at least 20 years. The intent of this policy is to encourage the active participation of brokers and site location specialists in the marketing of Interport Trade Center. The policy is written such that local and national brokers alike can participate. In addition, staff would retain the right to solicit and acquire tenants through the efforts of Market Lubbock, Inc. and the airport's internal marketing program. The policy would establish a brokerage commission equivalent to the first year's rent for all leases that have a term of at least 20 years. The commission would be paid at a rate of 12.5 % of the total commission at the end of each three-month period during the first twenty-four months of the lease. Commission payments would be made only after the City received rental payments for that period. This policy would ensure that funding for the commissions would come only from the proceeds of new land leases. It would also ensure that the airport land -leasing program would maintain a positive cash flow at all times. A similar policy was put in place ten years ago at El Paso International Airport to market the Butterfield Trails Industrial Park and other airport commercial properties. They now enjoy an occupancy rate of more than 90 percent. The El Paso staff attributes their success to the brokerage policy. 282 Regular City Council Meeting October 22, 1998 Page 283 A copy of the proposed policy was included in Council backup for review. The Airport Board has reviewed the policy and recommended approval. Staff also recommended approval. (31.) Resolution No. 6075 authorizing the Mayor to execute an agreement with the Texas Department of Transportation (TxDOT) for a Landscape Cost Sharing Program for streetscape improvements at 19th Street and the west I-27 frontage road. RESOLUTION NO. 6075 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the citizens of the City of Lubbock to participate in the Texas Department of Transportation's Landscape Cost Sharing Program for Streetscape improvements at 19th Street and the IH 27 West Frontage Road; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an "Application for Landscape Cost Sharing Program;" an Agreement with the Texas Department of Transportation to participate in such program; and any other related documents in connection with Streetscape improvements at 19th Street and the IH 27 West Frontage Road. Said Application and Agreement are attached to this Resolution and shall be a part hereof as if fully set forth herein in detail. Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Managing Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6075. The City of Lubbock is working cooperatively with the John T. Montford TDCJ Unit in Lubbock to develop a streetscape project for the Depot Entertainment District. The inmates of the Montford Unit are building entry markers and will be constructing brick pedestrian ways throughout the district. 283 Regular City Council Meeting October 22, 1998 Page 284 The City has applied for a Landscape Cost Sharing Program to develop a Depot District/CBD Gateway Project at 19th and I-27 as an attractive entryway into downtown Lubbock. Execution of this agreement will allow TxDOT to fund landscape materials, the Montford Unit to provide the labor, and the City to provide design and in -kind support to complete $96,075 in improvements at this gateway entrance to downtown and the Depot District. A Depot District "Vision" Statement, adopted by the Depot District Association, was included in Council backup for review. Staff recommended approval of this resolution. (32.) Consider the price and condition of sale of Parcel Number 33500-9- 210 at 121 North Avenue L in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Joe Stettheimer, Inc. for $400. The property is to be redeveloped with a new 1,415 square foot single-family residence valued at $67,725. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on January 20, 1998. The Community Development staff recommended approval of the sale. (33.) Consider the price and condition of sale of Parcel Number 92600-20 and -30 at 1505 Bates Street in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Charles E. Key, d/b/a Key Construction, for $400. The property is to be redeveloped with a new 1,069 square foot, single-family residence valued at $41,500. The land is properly zoned. The proposed sale was approved Commissioners on July 21, 1998. recommended approval of the sale. by the Urban Renewal Board of The Community Development staff (34.) Resolution No. 6076/RFP #98005--Auctioneer Services (Purchasing) RESOLUTION NO. 6076 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 Auctioneer Services by and between the City of Lubbock and Lone Star Auctioneers, Inc., of Fort Worth, Texas and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 284 Regular City Council Meeting October 22, 1998 Page 285 Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6076. The City of Lubbock Purchasing Manager is charged with the responsibility to dispose of surplus city property. Surplus property includes office furniture and equipment, motor vehicles and service bodies, real property, abandoned, stolen, or recovered property held in custody by the Police Department and unclaimed for a period of at least 60 days, or other property determined by the Purchasing Manager to be surplus property of the City. Methods of disposal include: • Sale by Competitive Sealed Bid • Negotiated Sale to Other Governments • Destruction of Certain Property • Sale at Public Auction This contract is for full -service auctioneer services on an "as -needed" basis. The formal Request for Proposals (RFP) process was used to solicit competitive proposals from interested firms and individuals to provide these services. A selection committee was appointed by the Director of Finance to review and rate the proposals submitted. The committee used the basic evaluation methods in the Evaluation Procedures for Competitive Negotiation for Professional and Non - Professional Services of the City Purchasing Department. The evaluation criteria and relative importance stipulated in the RFP included: • Experience and Qualifications of Auctioneer Company (30%) • Experience and Qualifications of Staff (25 %) • Advertising and Marketing Program (20%) • Operating Procedures and Reports (15 %) • Auctioneer Service Fee (10%) 285 Regular City Council Meeting October 22, 1998 Page 286 Five auctioneer firms submitted proposals to the City of Lubbock for auctioneer services and were ranked by the evaluation committee as follows: • Lone Star Auctioneers, Inc. of Fort Worth, Texas 94.0 • Rene Bates Auctioneers of McKinney, Texas 83.7 • Assiter & Associates of Amarillo, Texas 73.3 • George Gideon Auctioneers, Inc. of Winter Springs, Florida 54.7 • Wayne Evans Auction Company, Inc. of Columbus, Georgia 49.7 Following rankings by individual selection committee members and reference checks of the proposers, oral presentations were made to the committee by the top three ranked firms. The selection committee recommended Lone Star Auctioneers, Inc. of Fort Worth, Texas be engaged to perform auctioneer services for the City of Lubbock. Lone Star Auctioneers is a woman -owned business that has specialized in the sale of surplus, seized, abandoned, and unclaimed assets for government entities at the federal, state and local levels since 1985. They currently hold annual contracts with the U.S. Marshals Service, Internal Revenue Service, Texas General Services Commission, Texas Department of Transportation, Texas Department of Public Safety, Texas State Comptrollers Office, Dallas County, and the Cities of Dallas, Fort Worth, and Oklahoma City. Lone Star Auctioneers, Inc. of Fort Worth, Texas will perform turnkey full -service auction services for the flat rate of 4. 5 % of gross auction revenue exclusive of sales tax. (35.) Resolution No. 6077Bid #98142--Meal Service for Senior Citizen Centers (Parks and Recreation) RESOLUTION NO. 6077 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 Meal Services for Senior Citizen Centers by and between the City of Lubbock and Sodexho Marriott Services of Texas, a Texas limited partnership, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Regular City Council Meeting October 22, 1998 Page 287 Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6077. The City of Lubbock contracts with the South Plains Association of Governments to provide meals to senior citizens within our community. The City has contracted with SPAG for the past 18 years. The City is obligated to provide a hot noon meal at the five senior citizens centers, Monday through Friday. The City of Lubbock Senior Program utilizes a food vendor to prepare and deliver the meals to the various sites. Marriott Food Services has been preparing the senior citizens meals for the past three years. The estimated revenues to the City of Lubbock for the 1998/99 senior meals program are as follows: Texas Department of Aging (TDOA) $109,778 U.S. Department of Agriculture (USDA) 40,600 Donations* 30,000 $180, 378 *Donations based on historical data of .70 cents a meal paid by patrons on a voluntary basis. Last year the amount received for donations was $33, 600. The low bid is $154,700 from Sodexho Marriott Services of Lubbock, Texas. (36.) Bid #98174--Tires and Tubes, Annual Pricing (Fleet Services) This bid establishes annual pricing for tires and tubes used on City vehicles and equipment. Gray's Wholesale Tire of Fort Worth, Texas has a standing agreement with Woody Tire Company of Lubbock, Texas in order to meet the City's two-hour delivery requirement. The Internal Parts Inventory budget amount is $210,000. The low bids are from the following companies: 287 Regular City Council Meeting October 22, 1998 Page 288 Gray's Wholesale Tire of Fort Worth $181,130.81 McWhorter's, Inc. of Lubbock 19,359.74 A to Z Tire of Lubbock 7,524.80 Woody Tire Company of Lubbock 198.74 York Tire Company of Lubbock 59.20 (37.) Resolution No. 6078/RFP #98192--Cost Allocation Plan Preparation Services (Internal Audit) RESOLUTION NO. 6078 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 Cost Allocation Plan Preparation Services by and between the City of Lubbock and DMG- Maximus of Dallas, Texas, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 22nd day of October, 1998. /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 A copy of the Contract is filed with Resolution No. 6078. The City of Lubbock desires to obtain two cost allocation studies for each of the next five years. One study will be based upon budgeted costs and will be used to determine the appropriate amounts of reimbursements due to the General Fund from other funds and activities. The General Fund receives reimbursements for providing services such as accounting, purchasing and legal to other funds and activities within the City's organization. The other study will be based upon actual expenditures incurred during a fiscal year as described in the Office of Management and Budget's Circular A-87. This study will be used to determine amounts due to the General Fund for services provided to grant funded activities undertaken by the City. 288 Regular City Council Meeting October 22, 1998 Page 289 The City also desires to have the preparer of the OMB A-87 plan negotiate on behalf of the City with the U. S. Department of Housing and Urban Development. These negotiations will be done in such a manner as to maximize the cost reimbursements allowed on affected grants. In addition to negotiating cost reimbursements with the U. S. Department of Housing and Urban Development, the City may from time to time require assistance from the plan's preparer in gaining acceptance of departmental rates and allocated costs with State agencies. In conjunction with the preparation of both the plans, the City desires the preparer to calculate indirect cost rates for specific departments as required. The City will also require the plans' preparer to assist City employees in understanding and utilizing the cost allocation plans. The preparer should be prepared to assist the City's employees in such a manner as to maximize the advantages gained by having such plans. The City will also require guidance to ensure that the plans are perpetuated in subsequent years. The RFP review committee reviewed the RFP submitted by DMG- Maximus. DMG's submission was the only response received to this RFP. The committee considered DMG's experience and qualifications as a firm. In the final analysis the committee felt that DMG's experience made them highly qualified to provide the needed services to the City. The committee considered the qualifications and experience of the personnel employed by DMG to perform the needed tasks. The committee felt that DMG's personnel were highly qualified. The committee analyzed DMG's response for completeness to the requirements of the RFP. The committee rated the response as being complete. The committee reviewed the proposed cost submitted by DMG. Although there were no other proposers to compare costs with, the committee felt that DMG's cost was acceptable based on the cost incurred over the past five years to have the studies completed. The committee contacted four references submitted by DMG with their proposal. All references stated that DMG had completed work similar to the City's requirements in a professional manner. Because of this, the committee gave DMG the highest rating for this category. Based upon the committee's review, the committee recommended that DMG- Maximus be placed under contract to perform the cost allocation plan preparation. The committee recommended that the cost of $14,500 be accepted as the annual contract price. The Professional Services budget amount is $14,500 per year. (38.) Bid #98206--Fiber Optic Assemblies and Materials (Electric Distribution) This bid is for the purchase of horizontal post insulators and assemblies that are polymeric insulators used to support aluminum conductors or static wires on steel transmission poles. Y-clevis Eye and Armor Grip Suspension will also be purchased to mechanically hold or connect the conductors to the insulators. These materials are being purchased for the South Loop Transmission Line Project. 289 Regular City Council Meeting October 22, 1998 Page 290 The Overhead Distribution -South Loop Line Transmission budget amount is $45,000. The low bid is $39,077.25 from Techline, Inc. of Amarillo, Texas. (39.) Resolution No. 6079/Bid #98213--Furnish and Install Medium Voltage Controllers (Water Utilities) RESOLUTION NO. 6079 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 with Automated Controls of Lamesa, TX to install and furnish all materials and services as bid for the Furnish and Install Medium Voltage Controllers and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 22nd day of October, 1998. /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 22nd day of October, 1998, 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 Automated Controls, of the City of Lamesa, County of Dawson, 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 #98213 - FURNISH AND INSTALL MEDIUM VOLTAGE MOTOR CONTROLLERS - $106,765.00 290 Regular City Council Meeting October 22, 1998 Page 291 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/ Curtis McDole 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 .K�J`►Q 7ti111C�7 Automated Controls By: /s/ Emial L. Douglas PRINTED NAME: Emial L. Douglas TITLE: Partner/Manager COMPLETE ADDRESS: Automated Controls 111 Northeast 14th Street Lamesa, Texas 79331 This project involves removing and replacing existing medium voltage controllers at Pump Station #7 located at 29th Drive and Brownfield Highway. The controllers must be replaced due to age. The controllers have also become maintenance intensive, and replacement parts have become obsolete. Reliability of this equipment is essential for the pumping capabilities of the water distribution system. The Water Utilities Other Equipment budget amount is $125,000. The low bid is $106,765 from Automated Controls of Lamesa, Texas. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. 291 Regular City Council Meeting October 22, 1998 Page 292 REGULAR AGENDA PUBLIC HEARINGS (40.) Ordinance No. 10113/Zone Case No. 2502-A (south of 98th Street and east of Quaker): Request of Lowell Bowman (for Indiana Avenue Church of Christ) for zoning change from R-2 to A-2 for a church and church related uses on a portion of land out of Section 17, Block E-2. ORDINANCE NO. 10113 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2502-A; A ZONING CHANGE FROM R-2 TO A-2 ZONING ON A PORTION OF LAND OUT OF SECTION 17, 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 11:17 a. m. Lowell Bowman appeared on behalf of Indiana Avenue Church of Christ. No one appeared in opposition. Mayor Sitton closed the hearing at 11:18 a. m. The request would accommodate a church and church related uses. Adjacent land uses: North - 98th Street South - vacant, zoned R-2 East - vacant, zoned R-1 West - vacant, zoned C-2 The request is consistent with both the Comprehensive Land Use Plan and zoning policies. The project should have little negative effect on the thoroughfare system. Randy Henson, Senior Planner, presented staff comments. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to church and church related uses. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10113 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (41.) Ordinance No. 10114/Zone Case No. 1756-E (south of 2nd Street between Hartford and Geneva): Request of Paul Stell (for Hurt and Stell Investments) for zoning change from R-1 to A-2 for apartments on Lots 1-6, 15, 16, Block 2, Westhaven Addition. 292 Regular City Council Meeting October 22, 1998 Page 293 ORDINANCE NO. 10114 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1756-E; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON LOTS 1-6, 15, 16, BLOCK 2, WESTHAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:19 a. m. Gary Hall appeared on behalf of Hurt and Steil Investments. No one appeared in opposition. Mayor Sitton closed the hearing at 11:21 a. in. Following a zone case from last month, this request includes eight lots that were not under the control of the proponent during that discussion. Adjacent land uses: North - single family South - vacant, zoned A-2 East - church West - apartments The request is consistent with the Comprehensive Land Use Plan and zoning policies. The proponents have visited with the neighborhood association; no citizens appeared during the meeting. The project is being designed to create the fewest traffic impacts possible, with connections directly to 4th Street and Indiana one half block to the west on 2nd Street. Randy Henson, Senior Planner, presented staff comments. The Planning and Zoning Commission recommended approval of the request. The 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. 10114 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (42.) Ordinance No. 10115/Zone Case No. 2829 (south of 98th Street and east of Slide): Request of Burl Masters (for Excel Development) for zoning change from T to R-1 Specific Use on 7.35 acres of land out of Section 16, Block E-2. ORDINANCE NO. 10115 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2829; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE ZONING ON 7.35 ACRES OF LAND OUT OF SECTION 16, 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 11:22 a. in. Burl Masters appeared on behalf of Excel Development. No one appeared in opposition. Mayor Sitton closed the hearing at 11:23 a. in. 293 Regular City Council Meeting October 22, 1998 Page 294 The proposal is to build garden homes in this section for Sunridge. Adjacent land uses: North - vacant, zoned T South - residential East - residential West - commercial, vacant The proposal is consistent with the Comprehensive Land Use Plan and Zoning Policy. The proposal should have no negative effect on traffic. Randy Henson, Senior Planner, presented staff comments. The Planning and Zoning Commission recommended approval of the request subject the following condition: Front yard setback shall be a minimum of twenty feet. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10115 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (43.) Ordinance No. 10116/Zone Case No. 2830 (1112 and 1114 East Regis): Request of Ernesto M. Cantu for zoning change from R-1 to C-3 on Lots 5 and 6, Block 5, Skyview Addition. ORDINANCE NO. 10116 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2830; A ZONING CHANGE FROM R-1 TO C-3 ZONING ON LOTS 5 AND 6, BLOCK 5, SKYVIEW ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:24 a. m. Roseanna Rosales appeared on behalf of Ernesto Cantu. No one appeared in opposition. Mayor Sitton closed the hearing at 11:26 a. in. The proposal is to establish a convenience store along Regis, adjacent to the Skyview Addition. Adjacent land uses: North - airport property, vacant South - residential East - residential West - residential This request creates an interesting discussion for Comprehensive Land Use Plan policy. The area south of the Lubbock International Airport between I-27 and Guava is targeted as Industrial Park and industrial on the Plan. That policy obviously conflicts with the existing use and zoning of property within the subdivision from 1-27 to Magnolia, East Kent to Regis. The subdivision existed as residential when it was annexed in 1958. The policy for industrial was created within the original 1975 Plan and continues today because of the influence of airport activities. Thus, what normally would not be a proposal favored by Comprehensive Plan Policy as commercial in the middle of a 294 Regular City Council Meeting October 22, 1998 Page 295 residentially zoned area is fully acceptable to the Plan. What remains is a discussion of zoning policy with regard to the acceptability of the proposal for adjacent property owners. The proponent has obtained support signatures from a significant number of adjacent owners. The proposal should have little effect on traffic. There has been discussion about acquisition of property along Regis between I-27 and MLK to enhance the entry corridor for Lubbock International Airport. No project or funding has been approved. A commercial venture at this location that provides services to the neighborhood could easily blend into the new approach if property acquisition is funded at a future date. Randy Henson, Senior Planner, presented staff comments. The Planning and Zoning Commission recommended approval of the request, subject to the following condition: Waive the screening fence requirement on the east and west property lines subject to the discretion of the adjacent property owners. (A screening fence along the alley property line is required.) The staff supported the recommendation of the Planning and Zoning Commission, unless a commitment can be made to acquire this property as a landscaped approach to the airport. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10116 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. STRATEGIC PLANNING (44.) Ordinance No. 10117 for annexation of an area bounded by Upland Avenue, Brownfield Highway, Alcove Avenue and 114th Street (first reading). ORDINANCE NO. 10117 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Since the two public hearings, the staff has met with a representative group of residents in the area proposed for annexation. The prevailing feeling of the group is that they continue to oppose annexation, but have expressed more confidence in the commitment of the City to provide basic services as outlined in the Service Plan. Several issues will not be complete for inclusion in the Service Plan attached to this ordinance. After Council approves this ordinance on first reading October 22, the Service Plan will be subject to amendment during the next several months because of ongoing discussions with residents in the area and several other detail issues that need research. 295 Regular City Council Meeting October 22, 1998 Page 296 Following is a numbered list of concerns submitted by affected property owners, staff responses (in lettered, bullet form), and the results of the meeting between staff and property owners on October 6, 1998 (bold entries): 1. Delete portions of 4, 5 and 12 (refer to map of proposed annex area) if you are not going to provide service. If annexed bring these areas service. (a) All City services other than water and sewer will be provided. (b) Water and sewer for household or commercial use are not provided by funds from the tax base, rather from payment of pro-rata as a user fee. (c) Water and sewer lines for household or commercial service are subject to extension of lines as provided in the pro-rata ordinance. (d) The staff recommendation continues to include all of the proposed area. (See the comment about extended fire lines in #2.) 2. Fire Protection: Will the city contract with Wolfforth to provide coverage until a new station is in place? (a) Not by contract. The Lubbock Department has an ability to call on all the volunteer departments in the County through existing intergovernmental agreements. (b) The Lubbock Fire Department will handle fire calls as the first responder, and request assistance if necessary. (c) The Lubbock Fire Department will order and have two tankers with drivers in place as soon as possible. These tankers carry a large volume of water, not the 500 gallons each pumper carries. (d) Joe Martin, the Chief of the Wolfforth Volunteer group, has been in discussion with Chief Haley and is very supportive of the two departments working together. • Arrange an automatic dual response, at least for tankers, from the Wolfforth Department during the interim (until station is built) and after that for areas not having fire hydrants. • Provide written verification of the interlocal agreements staff has with Wolfforth and other applicable volunteer groups (in a letter from the chief to whom it may concern). • The group will press for a fire line loop of Upland, Alcove and Milwaukee to 114th Street. Such a measure will provide virtually all of the area with hydrant fire protection within one mile or less. While not required by State law, a group feels provision of these lines would be a good faith effort by the City. This additional line would also be a significant asset for the Fire Department. 296 Regular City Council Meeting October 22, 1998 Page 297 • In the service plan, verify that the new station will be "in the vicinity" of 82nd and Upland (the definition of "in the vicinity" was discussed, one half mile seemed satisfactory). • Ensure that 9-1-1 is aware of the newly annexed area immediately and that no confusion exists on response for fire and police. 3. Police Protection: What will the beat look like? Is staff getting an officer for this area or will the existing beats be expanded? (a) A separate beat will not be created from the 10+ square mile area. That would not be efficient. (b) The area will be added to adjacent beats immediately. (c) As service calls generate a history of the need for response, beats will be adjusted accordingly. (d) Any police officer living in the annexed area will be allowed to drive and park his/her vehicle at home. This added visibility would add to the security of the annexed area. • Notify alarm companies that the area annexed should have alarms called to the Lubbock PD. • Ensure that 9-1-1 is immediately aware of the change for calls from the SO to the Lubbock PD. • Provide a method so that neighborhood groups can meet their patrol officer. • Provide information to the neighborhoods about vacation watch. 4. Dumpsters: Can staff ask that dumpsters be no farther that 150' from lots? (a) The frequency of dumpsters is scheduled for as few as two homes per unit. Unless exceptional circumstances occur, a dumpster will be at the corner of each lot. (b) Existing service providers may be contracted to continue for an interim. That possibility must be arranged by the private hauler through the City. • Because of existing contracts with private haulers, the annexed area may be subject to a contract with private companies that will allow their service to remain for a specified period. City service would then be phased. The Service Plan will need to identify this contractual arrangement. • When the City becomes the collection agent for waste in a particular area, Solid Waste should coordinate location of dumpsters in established neighborhoods. 297 Regular City Council Meeting October 22, 1998 Page 298 • In remote areas, after the City becomes responsible for collection (contracts may exist), Solid Waste should negotiate for dumpster location even if staff needs to acquire an easement. Ex: Along 114th, if the dumpster is adjacent to the road it will be a target for debris and/or become a dumpster for the non-residents traveling the street. 5. Parks: Why does this plan have no parks funding or planning? (a) Parks are not a core public service of the City in a manner contemplated by the State annexation law. With no facilities in the area, no immediate projects are being assumed and none are proposed for the purposes of the service plan. The area will be included into the overall Parks master planning process. (b) Parks are a normally function of the development process, and no "City" development proposals (platting) has occurred to date. (c) Public open space has traditionally been acquired during the platting process adjacent to playas. This process will be applied to any newly annexed areas. (d) Should the determination be made that public open space is a priority in some portion of the newly annexed area, the Parks Division will sponsor a bond proposal for acquisition and development. Those proposals have to compete with other projects. 6. Streetlights: Will the city pay light bills for streetlights? (a) Any lights and electric lines feeding them need to be in public dedicated streets or easements. (b) LP&L will accept street lights that provide for public traffic safety. No yard or common area lights will be accepted. (c) LP&L will not maintain decorative or special light standards. If a standard is damaged, it will be replaced with a stock LP&L light and pole. (d) A neighborhood may wish to retain ownership of special fixtures that provide for traffic safety, LP&L will provide the energy. (e) Future lights will meet platting guidelines (a light at each intersection and one extra for blocks over 700 feet long with easements from adjacent power sources). Cost of standard LP&L streetlights is $600 each. 7. Sewer line: Can the mains be placed to provide for the most efficient hook up? (a) The main that is proposed for extension will be engineered for accommodation of taps designed into the initial construction. 298 Regular City Council Meeting October 22, 1998 Page 299 8. Alleys: Will the ones in poor repair be repaired? (a) Only dedicated alleys will be maintained, and alleys that have not been opened (actually bladed out) will be on a request basis to the Street Maintenance Department. (b) All existing, dedicated and open alleys will be bladed within three months. (c) Subsequently, all alleys will be bladed on an annual maintenance schedule, one a year is the target. • Work with neighborhoods that are unrecorded plats to verify or even perhaps dedicate alleys. 9. Upland Avenue: What is the projected date for Upland to be repaired? When will Upland be widened? (a) Pothole repair on Upland will begin immediately. (b) A seal coat will be targeted within three years. (c) Upland expanded to thoroughfare width will compete in annual funding discussions for priority projects. No date exists at present for possible upgrade to T-2 standards. 10. Unpaved Streets: What will be the cost to pave unpaved streets? I guess in frontage foot cost? Will those areas have to put in curbs and gutters when that work is done? (a) The current cost of standard subdivision paving for residential streets, with curb and gutter, is approximately $50. (b) Whether residents of a subdivision petition for an assessment program (the residents pay the cost) to strip pave an existing dirt street is subject to City Council approval. The Streets/Engineering staff does not usually support strip paving because of future maintenance problems. Excerpts from the original annexation study for the public hearings included the following: Effect of annexation on creating short-range inefficiencies in municipal services and operations: As indicated by the cost figures for revenues and expenses, the requirements of state law regarding annexation will not create a particularly efficient extension of municipal services: 1. Extension of water and sewer lines for relatively long distances to serve limited development areas, with undeveloped areas in between and the potential of few immediate meters bring set, will cause a near term inefficiency. 2. With the relatively sparse existing population in the area, city services that are required by State law will not have extensive utilization or total coverage as the same services applied in fully developed portions of Lubbock. 299 Regular City Council Meeting October 22, 1998 Page 300 Effect of annexation on long-range growth patterns. The land area from 98th-114th and Milwaukee -Upland was indicated as "annexation prone" in an informal 1986 assessment for the entire perimeter of the City. The study area west of Upland Avenue was not contemplated in the 1986 annexation study. While that document was never formally adopted by the City Council, the basis of the 1986 analysis remains valid. Growth patterns in the last decade have accelerated west of the City, indicating that the expanded annexation area would be a logical extension of city territory since the primary growth trends in Lubbock have always been south, west and southwest. Annexation of the study area becomes an issue of the City of Lubbock being able to insure the quality of growth and development on the south and west boundaries, as well as providing an adequate growth base for the future. Short term economic inefficiencies will be the cost of this long term, visionary process. Effect of development without annexation: In portions of the study area, continued random and often substandard development will continue. Annexation(s) at future dates may be only responses to crisis situations and will certainly be more complex and costly. Planning and Zoning Commission opinion: The Planning Commission held a work session September 3, 1998 and recommended consideration of the study area for annexation. Jim Bertram, Director of Strategic Planning, presented staff comments. Randy Henson, Senior Planner, answered questions from the Council. Staff recommended annexation of the entire study area. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson with the recommendation that second reading of this ordinance be at the first City Council meeting in January, 1999, to pass on first reading Ordinance No. 10117 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. FINANCIAL SERVICES (45.) Resolution No. 6080 declaring intention to reimburse expenditures for electric, water and sewer system improvements with proceeds obtained from a future bond issue. Regular City Council Meeting October 22, 1998 Page 301 RESOLUTION NO. 6080 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock ("Issuer") intends to issue debt for electric system improvements, water system improvements, and sewer system improvements in and for said City ("Projects") and further intends to make certain capital expenditures with respect to the Projects and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treasury Regulation Sec. 1.150-2 ("Regulation"), in order to fund such reimbursement with proceeds of tax exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax exempt obligations; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the projects with the proceeds of debt hereafter to be incurred by the Issuer, and that this Resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $26,250,000 Dated: October 22, 1998. Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney There are currently several bond financing needs. They include: $8,700,000 Electric System Improvements $7,900,000 Water System Improvements $9,650,000 Sewer System Improvements 301 Regular City Council Meeting October 22, 1998 Page 302 City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are not expected to be delivered until early March 1999. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. Betsy Bucy, Director of Finance, presented staff comments. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6080 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Councilmember Hernandez voted Nay. Councilmember Ince and Councilmember McDougal had stepped away from the dais. CIVIC SERVICES (46.) Resolution No. 6081 authorizing the Mayor to execute an amendment to the agreement between the City of Lubbock and Civic Lubbock, Inc. RESOLUTION NO. 6081 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 an Agreement, attached herewith, by and between the City of Lubbock and Civic Lubbock, Inc., and any associated documents, which Amendment shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if full copied herein in detail. 302 Regular City Council Meeting October 22, 1998 Page 303 Passed by City Council this 22nd day of October, 1998. /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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 6081. At the September 24, 1998 City Council meeting, Council approved an amended agreement between the City and Civic Lubbock, Inc. This amendment provided for the re -licensing to Civic Lubbock, Inc. of all food and beverage activities within the Civic Center and Auditorium - Coliseum. They had previously handled all concessions in these facilities from 1956 until 1996. In an effort to increase cost recovery at the facilities, the City had taken the food and soft drink concession in house from 1996 until 1998 with Civic Lubbock, Inc. handling the alcoholic beverage concessions. In 1996, Civic Lubbock, Inc. began to focus primarily on public art programs and has purchased and/or commissioned public art pieces in excess of $200,000 over the last two years. In order to expand their mission of providing public art and cultural and educational programs, the amended agreement presented on September 24 also allowed for a reduction in the percentage commission paid to the City on a sliding scale beginning with fiscal year 1998/99. Civic Lubbock Inc.'s charter and bylaws authorize Civic Lubbock to undertake promissory notes. To assist their efforts in securing promissory notes for long-term commitments associated with their mission, it is necessary to amend the agreement to allow for a minimum guaranteed term of the agreement. The amendment allows for a minimum guaranteed term of five years with the agreement remaining in force thereafter until such time as either party wishes to terminate or until the City wishes to cancel the agreement unilaterally. A copy of the proposed amendment was included in Council's backup. In order for Civic Lubbock, Inc. to enhance their mission and make long term commitments associated with that mission, the current agreement needs to be amended. The proposed amendment to the agreement allows for a minimum term of five years that the agreement will stay in force. The agreement will then remain in force each year until either party cancels the agreement or the City chooses to cancel the agreement unilaterally with ninety days prior written notice. Staff recommended that the proposed amendment to the agreement be approved. 303 Regular City Council Meeting October 22, 1998 Page 304 Tommy Gonzalez, Director of Civic Services, presented staff comments. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass Resolution No. 6081 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (47.) Resolution No. 6082 authorizing the Mayor to execute an Agreement amending the joint Library Services Contract between the City of Lubbock and the County of Lubbock for Fiscal Year 1998-99. RESOLUTION NO. 6082 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 an Interlocal Agreement by and between the City of Lubbock and the County of Lubbock for Library Services, 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 Council. Passed by City Council this 22nd day of October, 1998. /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 is filed with Resolution No. 6082. The City of Lubbock and the County of Lubbock began to cooperate in the provision of joint library services in the early 1950s. That cooperation led to the historic merger of the County Library and the City Library in late 1967, with shared responsibility between the two governments for the operating budget of the new Lubbock City -County Library. This arrangement provided for countywide library services, without wasteful duplication of library functions. As the City of Lubbock grew in the 1970s and 1980s, the joint library services contract was developed to provide funding of the County share based on a two-part formula, equally weighted on percentages of assessed property valuation and population in the several municipalities of the County. Utilizing this formula, during the current operating year, with just over 96% of the County population and assessed valuation assigned to the City of Lubbock, the County funded library services in W Regular City Council Meeting October 22, 1998 Page 305 the amount of $570,000. The $570,000 makes up approximately 24% of the total budget of the Lubbock City -County Library. In return, under the terms of the contract, the Lubbock library provides services equally to any County resident. The present contract has been renewed annually since 1989. In budget discussions between the City Manager and the County Judge for fiscal year 1998-99, it was decided that the City of Lubbock will contribute funds toward the "Achieving the Goal" Program by foregoing acceptance of the full payment from the County for library services. Pursuant to this agreement, Exhibit A, "Schedule of Quarterly Payments", stipulates that the County will fund joint library services in the amount of $320,000 for FY 1998-99, as the City foregoes a portion of the $570,400 payment by $250,000. In FY 1999-2000, the County will lower its funding to $70,000, as the City picks up an additional $250,000 for a total of $500,000. In 1999-2000, the total commitment to the Achieving the Goal Program will be $500,000. Thereafter, continued County funding at $70,000 will serve as the basis for the continued provision of services by the Lubbock library to non -city residents of Lubbock County. The funding of library services will be based on the amount proportionate to any increase in the population of Lubbock County and/or any increase in the valuation of property in Lubbock County. In other words, any increases will be based on the formula currently in place with a growth variable based on population and property valuation. The $250,000 in FY 1998-99 and $250,000 in FY 1999-2000, for a total of $500,000, will be earmarked by the County for the "Achieving the Goal" Program. The City of Lubbock and the County recognize the importance of deterring crime and the positive impact this can have on a community. This agreement illustrates the City of Lubbock's commitment toward working with other governmental organizations to deter crime. Furthermore, it supports the understanding that the bulk of the County population resides in the city limits of Lubbock. In addition, it re- affirms that the County will allocate $250,000 in 1998-99 and $250,000 in 1999-2000 for a total of $500,000. Accordingly, essential responsibility for provision of library services rests with the City of Lubbock. On the basis of the discussions between the two governments regarding their division of responsibility for citizen services, and with the understanding that the County government recognizes its responsibility for maintaining equity in library services support for its non -Lubbock residents, staff recommended approval of the resolution. Tommy Gonzalez, Director of Civic Services, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6082 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. ELECTRIC UTILITIES (48.) Resolution No. 6083 authorizing the Mayor to execute an agreement to lease office space at the Lubbock Business Center with the South Plains Regional Workforce Development Board. 305 Regular City Council Meeting October 22, 1998 Page 306 RESOLUTION NO. 6083 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 with South Plains Regional Workforce Development Board and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 6083. South Plains Regional Workforce Development Board is currently occupying space in the Lubbock Business Center, 1301 Broadway. The City does not have a lease agreement contract with the Workforce Board at this time. The City has offered the Workforce Board the same lease options as other non-profit tenants. These options are: 1) a five-year lease at $7.50 per square foot with a 3 % escalator per year following the first year, or 2) a five-year lease at a fixed rate of $8 per square foot. The Workforce Board has agreed to a five-year fixed rate lease at $8 per square foot. The total lease space for the Workforce Board is 2,436 square feet. Their annual lease payment will be $19,488 and payable on a monthly rental cost of $1,624. The lease contract provides for an extension of the lease with the rental rate to be renegotiable at the end of five years. Paul Thompson, Director of Electric Utilities, presented staff comments. Staff recommended that the Mayor and City Council approve this lease agreement between the City of Lubbock and South Plains Regional Workforce Development Board. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 6083 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 306 Regular City Council Meeting October 22, 1998 Page 307 (49.) Resolution No. 6084 to make changes in the Lubbock Power and Light Infrastructure Development Fund and recommended changes to the eligibility criteria. RESOLUTION NO. 6084 WHEREAS, the City Council of the City of Lubbock finds that it would be in the best interest of the citizens of the City of Lubbock to make changes to the Lubbock Power and Light Infrastructure Fund authorized by Resolution No. 5075, enacted January 11, 1996; and WHEREAS, said fund is created pursuant to Section 380.001 of the Texas Local Government Code; and WHEREAS, the purpose of the fund authorized by Resolution 5075 and continued by this present Resolution shall be to provide public infrastructure improvements when such improvements will aid or assist in the location, development or expansion of business activity within the City of Lubbock, which business activity will create new jobs, additional payroll or increase the tax base within the City of Lubbock, to provide additional improvements to the Central Business District, Broadway Corridor and the Depot District; and WHEREAS, Recreation, Parks, Entertainment and Cultural Affairs Goal No. 1 is to revitalize downtown Lubbock as a focal point for entertainment, arts, and business, and Goal 4 is to coordinate and consolidate marketing efforts for the promotion of Lubbock and the region as a visitor destination, and Lubbock Power and Light as part of its business acquisition and retention program to improve the strengths of the City of Lubbock in its economic development activities; and WHEREAS, the City Council finds that the location, retention or expansion of business within the City of Lubbock which accomplishes the above goals will add to the quality of life within the City of Lubbock which accomplishes the above goals will add to the quality of life within the City of Lubbock and further will provide for the betterment of the general welfare of the citizens of the City of Lubbock and as such, provide a public purpose. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Resolution No. 5075 is hereby repealed and is replaced in its entirety by this Resolution which continues the fund of the City of Lubbock known as the Lubbock Power and Light Infrastructure Development Fund. SECTION 2. THAT such fund shall be used to provide public infrastructure improvements throughout the City of Lubbock, such as, but not limited to the following: a) curb and gutter improvements; b) street and paving improvements; c) water and sewer improvements; d) public lighting improvements; and e) other public improvements normally provided to the City of Lubbock. SECTION 3. THAT such funds also shall be used to meet the goals of the "Goals for Lubbock, a Vision into the 21" Century with regard to the Central Business District, Broadway Corridor and the Depot District by providing the following additional improvements in those areas: 307 Regular City Council Meeting October 22, 1998 Page 308 a) building fagade renovation; b) sidewalks and sidewalk renovation; and c) landscaping. SECTION 4. THAT Lubbock Power and Light be authorized to approve the following items to promote business acquisition, expansion, or retention; a) offer additional services to these businesses, such as, but not limited to new products, lease programs, customized billing, load management, communication services, or other services offered by the electric utility industry; and b) offer custom rate incentives to those businesses, such as, but not limited to time of day, seasonal, load factor, added demand/energy, or other rate incentives offered by the electric utility industry. SECTION 5. THAT the City Manager or his designee may utilize services, incentives, or moneys from this fund to aid or assist in the location of new business or the expansion of other business when City infrastructure improvements are needed to bring about such new business or expansion. SECTION 6. THAT the City Manager or his designee shall be authorized to expend moneys from this fund for the purposes set forth in accordance with the criteria set forth in Exhibit A for Section 2 city-wide infrastructure improvements and in accordance with the criteria set forth in Exhibit B for Section 3 infrastructure improvements in the special districts indicated in Exhibit B. Exhibits A and B are made a part hereof for all intents and purposes. SECTION 7. THAT the City Manager or his designee is authorized to continue the allocation of moneys to this Fund through the regular City of Lubbock budgetary process. SECTION 8. THAT no moneys expended hereunder shall be used for any purpose other than the installation or improvement of public infrastructure facilities as herein described. SECTION 9. THAT Lubbock Power and Light be authorized to require that such businesses as may be affected by this Resolution be required to utilize Lubbock Power and Light as long as these benefits are proved to those businesses. 308 Regular City Council Meeting October 22, 1998 Page 309 Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney Copies of the Exhibits are filed with Resolution No. 6084. The Lubbock Power and Light Section 2 Infrastructure Development Fund was established to provide assistance in the location, development or expansion of business activity within the City of Lubbock. In addition, Section 3 Infrastructure Development Fund was established to meet the Recreation, Entertainment and Cultural Affairs Goal Number 1 and Goal Number 4, to promote Lubbock and the region as a visitor destination. With the anticipation of deregulation within the electric utility industry, staff has proposed language that will allow Lubbock Power and Light additional incentives to promote business acquisition, expansion or retention. Additional services and rate incentives will be offered that other deregulated electric utilities within the industry may propose. Section 3 Infrastructure Development Fund assistance has been very successful in accomplishing the above goals regarding tourism and has added to the quality of life and the improvement of those areas targeted. Section 3 Infrastructure Assistance is proposed to be phased out over a two-year period. Grants will be provided on a 50150 matching grants for fiscal year 1998/99 and 25/75 matching grants for fiscal year 1999/2000. Paul Thompson, Director of Electric Utilities, presented staff comments. Staff recommended approval of these changes to the Lubbock Power and Light Section 2 and Section 3 Infrastructure Development Fund. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6084 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. 0• Regular City Council Meeting October 22, 1998 Page 310 MISCELLANEOUS (50.) Resolution No. 6085 authorizing the Mayor to execute a healthcare services contract with Covenant Health System and its subsidiaries to provide discounts for hospital and physician services under a managed care agreement. RESOLUTION NO. 6085 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 group health services, by and between the City of Lubbock and Covenant Health System and its subsidiaries, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kay+hie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6085. Managed care was first introduced into the City of Lubbock benefit package with a one-year contract with St. Mary, Methodist, and UMC in 1994/95. Through a preferred provider discount arrangement the City was able to avoid $2,151,248 in hospital and physician costs during that benefit plan year. Through negotiations with the hospitals the following plan year, an exclusive contract with St. Mary and UMC resulted with the following cost avoidance over the next three benefit plan years: 1996 $3,182,079 1997 $2,855,431 1998 $3,733,333 (estimated) 310 Regular City Council Meeting October 22, 1998 Page 311 This has allowed the City to keep the cost of premiums down for both the employee with dependent coverage as well as the city paid employee coverage. The constant escalation of medical benefit costs makes for a continual battle to keep premiums manageable for the majority of the City's employees and for the City itself. Managed care discounts help keep insurance affordable. A contract was brought to Council two weeks ago that recommended an exclusive arrangement with Covenant Health Systems. This proposed contract estimated $3,360,000 in cost avoidance. However, due to the concerns of UMC, the contract was pulled and several discussions were held with UMC. UMC presented us with an option that is drastically different from the way staff has approached pricing health care. It will literally take months with our consultant to give a complete analysis of that option. Our contract expires on November 30, 1998, and at least one and one-half months must be given to an annual enrollment period for our employees. Since our contract with Covenant allows for an out after a 90 day notice, staff will examine the viability of UMC's approach in the coming months. Covenant also proposed some options for us to consider to allow for the inclusion of UMC. However, these options have proven to be more costly than our original proposal. Therefore, staff is recommending that the Council approve the contract with Covenant Health Systems. Any contracts with physician groups will be analyzed and negotiated separately from this hospital contract. Mary Andrews, Director of Human Resources, presented staff comments. It was recommended that the City Council approve this resolution to allow the Mayor to sign the contract with Covenant Health System and its subsidiaries. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6085 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (51.) Resolution No. 6086 authorizing the Mayor to approve the City of Lubbock's Legislative Package for the 19" 76th Legislative Session. RESOLUTION NO. 6086 WHEREAS the Legislature of the State of Texas will convene on January 12, 1999 for the 76th regular session; and WHEREAS during the course of the session numerous issues will be presented to the Legislature that will affect the City of Lubbock; and WHEREAS City staff has developed a comprehensive package which outlines legislative initiatives, and is now recommended to be undertaken on behalf of the City; and WHEREAS the Texas Municipal League has also developed a legislative package for the upcoming session, certain portions of which have been included in the City's proposed 1999 legislative program; and WHEREAS the City of Lubbock recommends the adoption of the official 1999 State Legislative Program; NOW THEREFORE: 311 Regular City Council Meeting October 22, 1998 Page 312 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1999 State Legislative Package attached hereto is hereby approved and adopted as the official 1999 State Legislative Program of the City of Lubbock. As certain significant issues arise during the course of the session, additional resolutions may be presented to the City Council stating the City's position on particular legislation. The State Legislative Program will then be amended to include any subsequent resolutions adopted by City Council. Passed by City Council this 22nd day of October, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ron Lewis Ron Lewis, Assistant to the City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Program Package is filed with Resolution No. 6086. Every two years, City Council members have the opportunity to decide legislative initiatives that the city should pursue when state lawmakers meet in January. In an effort to improve monitoring on legislative items at the State level, the City of Lubbock continues to retain the services of Hilgers & Watkins (Randy Cain) and Denton, McKamie & Navarro (Susan Rocha) for legislative services. City of Lubbock staff members, including individuals from City Attorney's Office and City Manager's Office, met with managing directors to obtain their legislative proposals for the 1999 76th legislative program. City Council members also made valuable contributions to this effort. Since appointment by Mayor Sitton, Councilmember Nelson has worked extensively with City staff and our legislative team (Senator Duncan, Representatives Jones and Isett) to develop a plan for positive legislative results for our citizens. Prioritization of legislative proposals is based on the history of legislation in previous sessions. Additionally, our state legislative consultants often recommended that staff focus our resources on bills that may have a better opportunity to be successful, due to historical and current event issues. Included in Council backup were the legislative proposals that the City of Lubbock will seek for introduction and passage, support or opposition in the upcoming legislative session. Each legislative item will have a unique consequence for the City of Lubbock should the bill succeed or fail. 312 Regular City Council Meeting October 22, 1998 Page 313 The City of Lubbock will ask our local delegates to introduce several bills as well as to support or oppose other bills expected to be introduced/filed during the next legislative session. Additionally, the City of Lubbock will, through written and oral testimony, support several bills expected to be filed on behalf of the Texas Municipal League (TML) or one of its many affiliates. Finally, staff will actively oppose passage of any bills that intend to further limit a home rule municipality's ability to determine its destiny as desired by its residents. Pursuant to City Council directive, City of Lubbock staff will work diligently to continue its proactive approach to legislative proposals throughout the 1999 76th Legislative Session, as was done last session. This resolution in support of the package was prepared for the Mayor's signature. Councilmember Nelson briefed City Council at the September 10 work session and presented an update (included in Council backup) for Council approval. The City Council once again has an opportunity to build on the successes realized during the past legislative session and continue to :Hake Lubbock an effective player when the 1999 Legislation reconvenes in January 1999. With this in mind, staff recommended that the City Council support the City of Lubbock Legislative Package for the 1999 76th Legislative Session. The City of Lubbock 1999 76th Legislative Package included initiatives designed to promote Economic Development, enhance Public Safety and increase Administrative Efficiency. Councilmember Nelson recommended approval. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass Resolution No. 6086 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. BOARD APPOINTMENTS Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint the board members listed below. Motion carried: 7 Yeas, 0 Nays. (52.) Appoint Robert Gomez to the Appointments Advisory Board. (53.) Appoint Sharon Bass, Paula Finney, and Hector Molina to the Human Relations Commission. (54.) Appoint Ross McKillip to the Planning and Zoning Commission. (55.) Appoint Will Williams to the Public Transit Advisory Board. (56.) Appoint Dennis Dillon and Danny Espinoza to the Structural Standards Commission. (57.) Appoint Jimmy Gomez, Bob Greenhill, Arden Hawkins, Cliff Hopping, Molly Irvin, Charles Lynch, Paul Johnson, Fred Underwood, and Clayton Yeager to the Citizens Advisory Committee Transportation Subcommittee. The citizens referenced above were selected for service during the City Council Executive Session of October 8, 1998. They have all been contacted and have agreed to serve. 313 Regular City Council Meeting October 22, 1998 Page 314 12:15 P. M. COUNCIL RECESSED FOR LUNCH 1:01 P. M. COUNCIL RECONVENED 1:02 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 5 Yeas, 0 Nays. Councilmembers Hernandez and McDougal were not prey zit when Council 5pconvened. INDY SI19ON, MAYOR ATTEST: -liay Darnell, City Secretary Read and approved this lot day of ��� , 1998. Ai r NDY SItTON, MAYOR M. , City Secretary 314