Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 8/26/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 26, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 26th day of August, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember David Nelson CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: Harold Pigg; Mark Northcutt; and Bobby Prather. 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; City Secretary) pending or contemplated litigation (Fire Department; Parks and Recreation Department; Police Department; Stormwater Utility; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Airport Board; Building Board of Appeals; Keep Lubbock Beautiful; Youth Commission). 7:56 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Councilmember T. J. Patterson. ( 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; City Secretary). ( 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 (Fire Department; Parks and Recreation Department; Police Department; Stormwater Utility; 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: Airport Board Building Board of Appeals Keep Lubbock Beautiful Youth Commission Regular City Council Meeting August 26, 1999 Page 104 10:28 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except for Councilmember T. J. Patterson. ( 4.) Discuss possible changes to City Council meeting dates for November and December by Bob Cass, City Manager. The City Charter provides that the City Council shall meet at least twice each month as prescribed by ordinance or by resolution. Resolution 5630 establishes the second and fourth Thursday of each month as the regular meeting dates of the City Council, or at such other times and places as shall be selected by the City Council by motion or consensus. Suggested November Calendar: 11/04 Thursday City Council Regular Meeting 11/11 Thursday City Council Regular Meeting Public hearings will be scheduled as necessary. Suggested December Calendar: 12/09 Thursday City Council Regular Meeting 12/16 Thursday City Council Regular Meeting* Public hearings will be scheduled as necessary. *Councilman Cooke is currently planning to be out of town on `— December 16. Staff recommended the above changes be made in the November and December Council meeting dates, and it was consensus of Council that the above meeting dates be accepted. (5.) Presentation on upcoming Fiestas del Llano celebration by Victor Hernandez, Executive Director of Fiestas del Llano. This item was not presented. 10:42 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember T. J. Patterson Mayor Sitton called the meeting to order at 10:42 A. M. ( 6.) Reverend Bruce Greene of St. Paul's Episcopal Church gave the invocation. ( 7.) Pledge of Allegiance was given in unison by those in the City Council Chambers. 104 Regular City Council Meeting August 26, 1999 Page 105 CITIZEN APPEARANCES ( 8.) Presentation of a special recognition to David Harmon, President of American Bank of Commerce, for the company's donation of computer equipment to the Parks and Recreation Department. American Bank of Commerce (ABC), established in 1962, donated 25 computers to the Parks and Recreation Department for use in the community centers. These machines became available after the computer system was upgraded at the main bank located at West 82nd and Brownfield Highway in Wolfforth. Information Technology determined that five of the machines have adequate processing speed and memory to be used by the general public. These computers, which feature the Windows 3.1 operating system, make it possible for citizens of all ages to have computer access at the Trejo Supercenter, Mae Simmons Senior Center and Copper -Rawlings Center. The machines are appealing to citizens wishing to perform basic word processing and spreadsheets. American Bank of Commerce, which has two branches in Lubbock and three branches in Austin, employs the slogan: "In the business of community banking." The donation, which illustrates a commitment to the community, is another example of the public -private partnerships that are improving the quality of life in Lubbock. The Mayor presented this special recognition to Linda Huffaker, who accepted on behalf of David Harmon, President of American Bank of Commerce, for the company's donation of computer equipment to the Parks and Recreation Department. ( 9.) Presentation of special recognition certificates in honor of Lubbock becoming a Community of Promise within the America's Promise: The Alliance For Youth movement. Recently, the City Of Lubbock has been deemed a Community of Promise. America's Promise: The Alliance For Youth is a movement, led by General Colin L. Powell, that is dedicated to mobilizing the nation to ensure our children and youth have access to fundamental resources they need to become successful adults. The organization is founded on five basic premises: 1. Mentor: An on -going relationship with a caring adult (parent, tutor, coach...). 2. Protect: Safe places and structured activities during non -school hours. 3. Nurture: A healthy start. 4. Prepare: A marketable skill through effective education. 5. Serve: An opportunity to give back through community service. The steering committee was chaired by Irasema Velasquez. The Volunteer Center of Lubbock, under direction of Louise Cummins, has assisted in the effort to make Lubbock a Community of Promise. Louise Cummins provided a list of individuals who were present at the Council meeting that were directly involved in the America's Promise effort in Lubbock. 105 Regular City Council Meeting August 26, 1999 Page 106 The Mayor presented this recognition to Sharon Bass, who accepted on behalf of the Volunteer Center. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Less is More. People who visit or move to Lubbock from larger metropolitan cities are delighted to find that our city has a lot "less" to offer. Such as less violent crime, less humidity, less traffic congestion, less overcast days, less hills and curves to make your streets dangerous, less hectic pace, less lines in restaurants, less drive time and gas expense, and much less cost of living. And, most of all, a lot less unfriendly people. Let's don't take those for granted; let's realize that "less" really means more in the City of Lubbock. No. 9 is United Gardeners. When asked the age-old question "How does your garden grow?" Lubbock can answer that it grows great. Lubbock Green is a community garden program that has helped create and maintain Lubbock neighborhood gardens since 1993. This season 32 community gardens sprang up all over the city, yielding healthy food, beautifying our surroundings, and uniting neighbors young and old. Congratulations to Lubbock Green for cultivating not only great gardens, but community spirit as well. No. 8 is Burgess, as in Anita. I don't know if any of you saw the article that was in the newspaper on Monday highlighting the achievement that our City Attorney Anita Burgess has accomplished, being one of three female Marine colonels in the United States Marine Corps that are also attorneys. This is an accomplishment that the Marine Corps has recognized as being very unique, and we are very fortunate to have the caliber of person in Anita Burgess as our City Attorney. She is four years our City Attorney, and she handles everything from every item on the agenda, whether it's executive session, legislative matters, action items, contractual matters. She does an excellent job for our community, for our Council, and she is to be commended and applauded. No. 7 is Beauty, Understated. We sometimes assume that if we don't see mountains, streams, or beaches immediately when we step outside, that there is no beauty. How wrong is that? Lubbock is blessed instead with "understated beauty." For example, farmers' fields look like a giant patchwork quilt when we fly into our airport. And, to be quite honest, for all of us the scenery is the sky, that ever -changing blue backdrop we see most every day of the year, 277 days of sunshine by the way. And it's usually the envy of most people in other parts of the world. If there's ever a doubt that Lubbock has beauty, just look up. No. 6 is Orderly Makeup. Lubbock is a tidy community. It has a well planned, well laid out example of a grid system with our streets, which is an alphabetically arranged plan of north/south avenues combined with the ascending numerically arranged east/west streets. Anybody can find their way around Lubbock, regardless of whether they've been in town for five minutes or five years. We have a well-defined method of city and county government; we have an excellent public school system, university educational systems, and an unparalleled medical and hospital service system. We have all the cultural offerings and all the 106 Regular City Council Meeting August 26, 1999 Page 107 entertainment venues that we need, all within 15 minutes. It is truly an orderly offering of large city opportunities in the friendly environment of a small city, without the large city hassles. No. 5 is Cass, as in Bob. Bob is our City Manager and has informed me today that he has been an employee of the City of Lubbock for between 23 and 24 years. I told him that he was about "used up." And fortunately, he said, "No, I'm not." He has indicated to us that he is a big team player and is willing to be with the City of Lubbock for an extended time in the future. Bob has done a good job over the 23 plus years that he has been with the City of Lubbock. He started at the bottom, and he has risen to the top. Without his leadership, without his integrity, without his strategic direction and foresight, Lubbock would not be the financially sound, well -respected community that it is, not only in the State of Texas, but within the Nation; Y2K being an example. So, we're commending Bob Cass as our City Manager today and re-emphasize that he truly is one of the "Top Ten Positive Things About Our Community." Thanks, Bob. No. 4 is Kaythie Darnell, our City Secretary. If you can't tell by now, the City Council hires three people in this entire city: the City Manager, the City Attorney and the City Secretary; and we're highlighting those three today. Kaythie has been our City Secretary for probably three years, and she recently completed all of her course work to be certified by the Texas Municipal Clerks Association. Her job as City Secretary is records keeping and preservation, election administration, and administrative duties. She does a good job; she serves the city well, and we are proud to have her as our City Secretary. No. 3 is Yearbook of Financial Success. This is a synopsis of our budget. We are voting today to finalize this budget. We have already passed it on its first reading. This represents certainly hundreds and hundreds of man-hours, not only city staff time, but of Council time. And it reflects, most importantly, sound financial status for this city. This is a $250 million operation, and the work that goes into putting this on a level where all the services that our citizens demand are provided at an economical, efficient and superior method is phenomenal. Our financial staff, Betsy Bucy and Anna Mosqueda, deputy city manager, Debbie Forte, and all of our staff and managing directors have put in many long hours in making this budget a good, working budget, and I'm proud to say that Council today is proud to have that presented to us and proud to put that into action. Yearbook of financial success speaks well for Lubbock. No. 2 is Eleemosoynary Spirit. I think maybe Ty suggested this. Eleemosoynary means "philanthropic spirit." And I'm so glad that we have recognized Lubbock as a city of promise today. I just want you to know that Lubbock is unique; we are a giving community. We have a charitable spirit in this community. As a matter of fact, the Volunteer Center said that almost 50 %, 49.2 % of all adults in this city give over four hours a week to volunteer efforts, to charitable organizations. Think of all the man-hours that contribute to providing those needs of our community. Certainly, our United Way effort, the $3.5 million that that generates is just the tip of the iceberg of all the financial contributions that each of us in this community gives to those charitable organizations that do what needs to be done to help all the folks in our community. What a tremendous spirit we have, eleemosoynary spirit! 107 Regular City Council Meeting August 26, 1999 Page 108 No. 1 is Sam Ayers. Who is Sam Ayers? Sam is principal of Roscoe Wilson Elementary School. He has been here in Lubbock as a teacher and principal for over 13 years. He has recently published a book, through the Texas Council for Social Studies, entitled Buddy Holly: A Legacy of Music. This book is primarily for children --probably children of all ages, however --focusing on the life of Buddy Holly here in Lubbock during his growing -up years. It's an easily read, short biography reflecting this Lubbock musical legend's education in the public schools and family life here in Lubbock. The book will be provided free to all schools here in Lubbock and will be available for sale to the public beginning next week during the Music Crossroads of Texas Music Festival, beginning September 3 and running through September 5. Lubbock will open its collective doors and roll out the red carpet when music fans from around the world will converge on our city for this music festival, now in its third year. Dozens of mostly free activities for music lovers --including concerts by the Crickets, the Coasters, Big Bopper, Jr. --will take place during the three-day celebration, which centers around Buddy Holly's birthday. City, civic and fine arts organizations --including the Lubbock Symphony Orchestra who will be performing a special concert --plus local businesses are to be commended for their team effort to make this event a memorable one for visitors and Lubbock natives alike. This is yet another reason to "rave on" about Lubbock and the entertainment opportunities we have in this wonderful city. CONSENT AGENDA (Items No. 10 - 27 and 29 - 39) Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (10.) Approval of the minutes of the Regular City Council Meeting of August 12, 1999. (11.) Ordinance No. 10176 - Amending Chapter 28 of the Code of Ordinances of the City of Lubbock with regard to the publication of industrial users that are in significant non-compliance and revising the industrial pre-treatment administrative procedures (second and final reading). ORDINANCE NO. 10176 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO FEES FOR SEPTIC TANK EMPTYING FEES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (12.) Ordinance No. 10177 - Amending Chapter 28 of the Code of Ordinances of the City of Lubbock with regard to updating the Water Conservation and Drought Contingency Plans (second and final reading). 108 Regular City Council Meeting August 26, 1999 Page 109 ORDINANCE NO. 10177 AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER CONSERVATION PLAN AND DROUGHT CONTINGENCY PLAN; TO PROMOTE WISE AND RESPONSIBLE USE OF WATER; ESTABLISHING CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR SHORTAGES; PROVIDING A PENALTY OF NOT LESS THAN TEN DOLLARS ($10.00) PER DAY NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) PER DAY FOR EACH DAY OF NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN, AND/OR DISCONNECTION OR DISCONTINUANCE OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN AND WATER CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. (13.) Ordinance No. 10178 - Amending Chapter 28 of the Code of Ordinances of the City of Lubbock with regard to establishing minimum excavation markings of proposed excavation sites (second and final reading). ORDINANCE NO. 10178 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 28-15 WITH REGARD TO THE MARKING OF PROPOSED EXCAVATION SITES PRIOR TO LOCATION OF UTILITIES LOCATED THEREIN; BY ADDING DEFINITIONS EXCAVATOR" AND "EXCAVATE" OR "EXCAVATION"; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE (14.) Ordinance No. 10179 - Zone Case No. 1977-F (north of 73rd Street and west of Slide): Request of Hugo Reed and Associates (for Bencor Development/Properties) for a zoning change from GO to C-2A tied to a site plan on 2.02 acres of land out of Section 27, Block E-2 (second and final reading). ORDINANCE NO. 10179 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE F AND CHANGES: ZONE CASE NO. 1977-F; A ZONING CHANGE FROM O TOWING GO T ZONING ON 2.02 ACRES OF LAND OUT OF SECTION 27 O C-2A LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO ' BLOCK E-2, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) OLIGATION. Ordinance No. 10182 - Amending Chapter Ordinances of the City of Lubbock with regard torates ch Code of sewer service (second and final reading), arged for ORDINANCE NO. 10182 AN ORDINANCE AMENDING SUBPARAGRAPHS a SECTION 28-86 OF THE CODE OF ORDINANCES OF THE CITY AND (b) OF BY REVISING SEWER RATES AS CONTAINED THEREIN; O DING K N SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. PROVIDING q Each year the City of Lubbock evaluates the revenue projections as Well as operating and capital requirements based on a ten-year rate model. 109 Regular City Council Meeting August 26, 1999 Page 110 As a result of two major projects undertaken during fiscal year 1998- 1999 and increased operating requirements over the past several years, it has become necessary to increase sewer rates in order to meet the annual financial requirements associated with wastewater collection, treatment and disposal. After extensive review of various scenarios using a ten- year rate model, staff has determined that a minimum six percent rate increase was necessary. The first increase will be three percent beginning October 1, 1999; the second three percent increase will be effective October 1, 2000. This was the first in a series of increases that will be required to meet operational obligations. To determine need for any future rate increases, revenues and expenses will continue to be reviewed annually to determine the appropriate level of increase that is required. The last series of increases were 1991-1994 and were dedicated to funding the rehabilitation of the wastewater plant and the rehabilitation and expansion of the land application site. For the second reading the ordinance reflects a two-year rate increase, phased in at three percent each year. Staff recommended the passage of this ordinance. (16.) Ordinance No. 10183 - Amending Chapter 28 of the Code of Ordinances of the City of Lubbock with regard to rates charged for water service (second and final reading). ORDINANCE NO. 10183 AN ORDINANCE AMENDING CHAPTER 28 OF E AMENDING CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE THEREIN; CITY OF PROVIDING A SAVINGS LUBBOCK BY REVISING CLAUSE AND PROVIDING FOR PUBLICATION. Each year the City of Lubbock evaluates revenue based on a projections and capital p ate and operating requirements for the Water Fund model. In 1996, Canadian River Municipal Water Authority (CRMWA) member th Panhandle roject. This cities elected to participate in the Nor6aciest ofPwater rights project involves CRMWA purchasing 42,7 northeast of Borger, Texas. Following the drilling of the ents, this roun wells aand construction of the pipelines and other provehere itlwould be blended with will be pumped to the CRMWA pipeline e Meredith and deliveredoheNorth Panhandle t member cities, surface water from Lak including Lubbock. Following completionfrom C project, Lubbock can anticipate 100% water allocation This amount is Pr gallons per year. or a total of almost 12.5 billion gast 15 years. comparable to Lubbock's average water demand over the p To ' portion of the project is estimated to be $31,500,000. Lubbock's p ro ect, Lubbock funded a reduce the amount of debt issued for fT � available reserves. The portion of this project, $7,100,000, balance will be funded by the issuance of Certificates of Obligation. ear 1999-2000 is for the The expense related to this project for fiscal y percent rate increase, first interest payment of $994,000. The first three p expected to generate which will be effective October 1, 1999, P 793 000. The remaining $201,000 will be funded using existing cash reserves. 110 Regular City Council Meeting August 26, 1999 Page III This is the first of three successive rate increases necessary to fund The North Panhandle Water Project. Additional increases of four percent and five percent, respectively, will be effective October 1, 2000 and October 1, 2001. As has been previously discussed with Council, a 15% rate increase had originally been anticipated but was able to be deferred for several years as a result of both being able to cashflow portions of the project and because of CRMWA delays on the project. Staff recommended the passage of this ordinance. (17.) Ordinance No. 10184 - Amending Chapter 7, Subsection 7.65 of the Code of Ordinances of the City of Lubbock, Texas with regard to assignment pay for civil service members of the City of Lubbock Fire Department (second and final reading). ORDINANCE NO. 10184 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SUBSECTION 7.65 WITH REGARD TO ASSIGNMENT PAY FOR CIVIL SERVICE MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF LUBBOCK, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. (18.) Ordinance No. 10185 - Defining terms regarding certification pay for civil service members of the City of Lubbock Fire Department, providing for such certification pay and the requirement and basis thereof (second and final reading). ORDINANCE NO. 10185 AN ORDINANCE DEFINING TERMS IN RELATION TO CERTIFICATION PAY FOR CIVIL SERVICE MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF LUBBOCK, PROVIDING FOR SUCH CERTIFICATION PAY AND THE REQUIREMENTS AND BASIS THEREFOR, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. (19.) Ordinance No. 10186 - Authorizing a repeating annual increase equal to fifty percent of the change in the Consumer Price Index for retirement annuities under the Texas Municipal Retirement System (TMRS) (second and fmal reading). ORDINANCE NO. 10186 AN ORDINANCE PROVIDING FOR INCREASE PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF LUBBOCK, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. In 1995, the City Council adopted an ordinance authorizing an annual repeating increase to TMRS retirement annuities. The increase was equal to 30 % of CPI change. Representatives of the retirees' association had requested the City to fund increases equal to 70% of CPI change. The City's desire was to phase in a higher level of increase as budget considerations permitted. In 1998, the City Council adopted an ordinance raising the increase rate to 40% of CPI change. III Regular City Council Meeting August 26, 1999 Page 112 The City recommended adoption of an annual repeating increase for annuities equal to 50% of CPI change. If adopted, an individual's monthly benefit amount will increase by 50 % of the total increase in the Consumer Price Index since the individual's retirement, less any previous increases. Total change in CPI is calculated for the period beginning on the effective date of retirement and ending 13 months prior to the effective date of the increase. The increase will be effective January 1, 2000. Staff recommended approval. (20.) Resolutions No. 6463, No. 6464, No. 6465, No. 6466, No. 6467, No. 6468, and No. 6469 authorizing the Right -of -Way Department to make offers to seven property owners for seven parcels of right-of- way for the East-West Freeway Railroad relocation (near future Milwaukee Avenue and 50th Street and north of Kent Avenue between North Milwaukee Avenue and North Frankford Avenue). RESOLUTION NO. 6463 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent drainage easement to each of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 1 (E) Part 1 H. A. Sessions $ 92.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the above -described parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent drainage easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcels as hereinabove described for public purposes and municipal purposes. 112 Regular City Council Meeting August 26, 1999 Page 113 Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of Exhibit "A" is filed with Resolution No. 6463. RESOLUTION NO. 6464 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent drainage easement to each of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 1 (E) Part 2 H. A. Sessions $ 8,055.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the above -described parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent drainage easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcels as hereinabove described for public purposes and municipal purposes. 113 Regular City Council Meeting August 26, 1999 Page 114 Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of Exhibit "A" is filed with Resolution No. 6464. RESOLUTION NO. 6465 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 4 H. E. Cone, a/k/a/ Hubert E. Cone and wife, $ 8,300.00 Marie B. Cone, a/k/a Marie Cone SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock Regular City Council Meeting August 26, 1999 Page 115 SECTION 4. THAT the owners of the above -described parcel of land being H. E. Cone, a/k/a/ Hubert E. Cone and wife, Marie B. Cone, a/k/a/ Marie Cone BE offered through the Right -of -Way Department of the City of Lubbock the amount of $8,300 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 26th day of August, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of Exhibit "A" is filed with Resolution No. 6465. RESOLUTION NO. 6466 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent drainage easement to each of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1 RR 4 (E) H. E. Cone, a/k/a/ Hubert E. Cone and wife, $ 1,800.00 Marie B. Cone, a/k/a Marie Cone SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. 115 Regular City Council Meeting August 26, 1999 Page 116 SECTION 3. THAT the above -described parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent drainage easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of Exhibit "A" is filed with Resolution No. 6466. RESOLUTION NO. 6467 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 45 Bobby G. Day $30,200.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. 116 Regular City Council Meeting August 26, 1999 Page 117 SECTION 4. THAT the owners of the above -described parcel of land being Bobby G. Day BE offered through the Right -of -Way Department of the City of Lubbock the amount of $30,200 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of Exhibit "A" is filed with Resolution No. 6467. RESOLUTION NO. 6468 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent drainage easement to each of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME 1RR 53 (E) Estates Trust, Inc. AMOUNT $ 3,983.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. 117 Regular City Council Meeting August 26, 1999 Page 118 SECTION 3. THAT the above -described parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent drainage easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of Exhibit "A" is filed with Resolution No. 6468. RESOLUTION NO. 6469 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 46 Garland H. Stokes and Winona Berniece $ 43,300.00 Thornton, a/k/a Winona Bernice Thornton SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. 118 Regular City Council Meeting August 26, 1999 Page 119 SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcel of land being Garland H. Stokes and Winona Berniece Thornton, a/k/a Winona Bernice Thornton BE offered through the Right -of -Way Department of the City of Lubbock the amount of $43,300 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of Exhibit "A" is filed with Resolution No. 6469. These seven parcels of right-of-way are needed for the railroad route around west Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 1 RR IE(1) - H. A. Sessions; 1 RR lE(2) - H. A. Sessions; 1 RR 4 - Hubert E. Cone and Marie B. Cone; 1 RR 4(E) - Hubert E. Cone and Marie B. Cone; 1 RR 45 - Bobby Day; 1 RR 46 - Garland Stokes and Winona Thornton; and 1 RR 53(E) - Estates Trust, Inc. Parcels 1 RR IE(1), 1 RR IE(2), 1 RR 4, 1 RR 4E, and 1 RR 53E were appraised by Merle Blosser, and parcels 1 RR 45 and 1 RR 46 were appraised by Tommy Cantrell. All appraisals were reviewed by Jimmy Goddard or a TxDOT representative. 1 RR lE(1) is a drainage easement, contains 0.41 acres, and was appraised for an offer of $92. 1 RR IE(2) is a drainage easement, contains 1.74 acres, and was appraised for an offer of $8,055. 1 RR 4 contains 1.88 acres and was 119 Regular City Council Meeting August 26, 1999 Page 120 appraised for a total offer of $8,300; $5,600 was the appraised value placed on the land and $2,700 was the valued placed on the damages. 1 RR 4E is a drainage easement, contains 0.80 acres, and was appraised for an offer of $1,800. 1 RR 45 contains 3.62 acres and was appraised for a total offer of $30,200; $2,900 was the value placed on the land and $27,300 was the value placed on the damages. 1 RR 46 contains 3.09 acres and was appraised for a total offer of $43,300; $3,999 was the value placed on the land, $1.00 was the value placed on the improvements, and $39,300 was the value placed on the damages. 1 RR 53E is a drainage easement, contains 1.77 acres, and was appraised for an offer of $3,983. These resolutions asked for approval of these offers to the property owners for these parcels. These resolutions authorize the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these properties. The Right -of -Way Department recommended the approval of our offers to these property owners. (21.) Consider Resolution No. 6470 authorizing the Mayor to execute a street -use license with Kirt Villyard for an outdoor dining area (1802 Buddy Holly Avenue). RESOLUTION NO. 6470 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 Use License with associated documents with Kirt Villyard for an outdoor dining area with tables. Said agreements are 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 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Street Use License is filed with Resolution No. 6470. 120 Regular City Council Meeting August 26, 1999 Page 121 Kirt Villyard owns Clousseau's business, which is on the west side of Buddy Holly Avenue, just south of 18th Street. Mr. Villyard desires to fence in a portion of Buddy Holly Avenue right-of-way with a decorative 3-foot tall wrought iron fence and have tables set in this area for drinking and dining. The area to be fenced in measures 8.5 feet east to west by 48 feet north to south. This area will be located in the concrete portion of the parkway of Buddy Holly Avenue and will not interfere with the newly bricked portion. Pedestrian access will not be hindered since this is a wide parkway. This license has been reviewed by several members of our planning, zoning, and streets department to assure that its decor will fit in the Depot District and that certain customer rules will have to be followed. The cost for this license will be as follows: 8.5 feet x 48 feet = 408 square feet of parkway to be fenced in. Using the street -use license formula and adjacent land values per square feet, the cost for this license per year will be: 408 square feet x $2.00 per square feet = $816 x 10% = $81.60 or $408 per five-year term of this 20-year license. The Right -of -Way Department recommended the approval of this street - use license. (22.) Consider Resolution No. 6471 authorizing the Mayor to execute a Local Law Enforcement Grant application with the United States Department of Justice. RESOLUTION NO. 6471 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 application and related documents to the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grants Program for funds for new technology and that the Council hereby agrees, in accordance with the requirements of such grant application, to a cash match of $50,523, which is one -ninth of $454,708 and to establish or designate an advisory board to review the application for funding and make non -binding recommendations to the Council for the use of funds received under the Department's Block Grant Program. 121 Regular City Council Meeting August 26, 1999 Page 122 Passed by City Council this 26th day of August, 1999. /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/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney These funds are requested for the purchase of equipment for the Lubbock Police Department and to authorize the expenditure of one -ninth matching funds upon the awarding of the grant. The Omnibus Fiscal Year 1999 Appropriations Act (Public Law 104-208) authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to local units of government under the Local Law Enforcement Block Grants (LLEBG) Program for the purposes of reducing crime and improving public safety. The Police Department of the City of Lubbock requested that the City Council authorize the Mayor to execute the grant application with the United States Department of Justice. The Lubbock Police Department requested this grant to purchase new technologies and create an information -sharing program between the Lubbock Police Department and the Lubbock County Sheriff's Office and other Lubbock county law enforcement agencies. Some of the funds may be used to purchase new computer equipment and upgrade existing computer equipment as needed to assume compatibility of computer hardware and software. Purchases may also include upgrading equipment or purchasing new technologies that provide better officer safety and training and enhance public safety. The grant money and the City of Lubbock's matching portion will be spent on new technologies that will help to better coordinate the crime prevention efforts of the Lubbock Police Department. The grant requires one -ninth matching funds from the City in cash to be obligated and expended during the Federal project period. The Police Department is requesting a grant in the amount of $454,708. The City's share will be $50,523. The grant also calls for the City to establish an advisory board to review the application for funding and make non -binding recommendations on the use of the funding. The Police Department recommended the passage of this resolution. 122 Regular City Council Meeting August 26, 1999 Page 123 (23.) Consider Resolution No. 6472 approving rental rates for watercraft at City parks where such activities are permitted. RESOLUTION NO. 6472 WHEREAS, the Park and Recreation Board of the City of Lubbock pursuant to Sec. 2-259 of the Code of Ordinances has recommended fees for water craft rentals at various parks within the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to adopt the fees recommended by the Park and Recreation Board for water craft rentals; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the following fees for water craft rentals at City parks where such activities are permitted. Pedal Boats: $5.00 per hour or any portion of an hour Kayaks: $5.00 per hour or any portion of an hour Canoes: $10.00 per day or $20.00 per weekend Passed by City Council this 26th day of August, 1999. 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 /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Rental Use Policy is filed with Resolution No. 6472. In the FY 1998-99 Revised Budget, the City Council approved the purchase of watercraft to expand recreation opportunities in the park system. Currently sailboats, canoes, kayaks, pedal boats, and rafts may be used at the lakes on Maxey, Elmore, Leftwich, and the Canyon Lakes System. The Parks and Recreation Department is initiating a small boat rental program to take advantage of the water resource on certain parks. The Parks and Recreation Department has purchased six pedal boats, four canoes, and three kayaks to implement a pilot rental project at Maxey Park. These craft will be available for rental and use on Maxey Park for a one-year period. Maxey was chosen for two reasons. First, the staff at the Community Center will be utilized to implement the 123 Regular City Council Meeting August 26, 1999 Page 124 program; no additional staff will be required. Second, Maxey is a controlled environment. Mae Simmons was considered initially to be part of the pilot program. However, Canyon Lake Six does not fit the criteria of the pilot program, because Lake Six passes under Martin Luther King Boulevard, and because of the way that it bends, the Community Center staff would not be able to monitor the use of the boats and the safety of the patrons. Pursuant to Section 2-259 of the Code of Ordinances, the Parks and Recreation Board, at their June 22 meeting, recommended the following rental rates: • Pedal Boats $5.00 per hour or any portion of an hour • Kayaks $5.00 per hour or any portion of an hour • Canoes $10.00 per day or $20.00 per weekend These rates were determined by comparing rates used by other cities and organizations including Austin, Texas; Bloomington, Illinois; Littleton, Colorado; Georgetown, South Carolina; San Diego, California; and Texas Tech University. Cost recovery varies by rental rate and type of craft. For instance, each pedal boat will fully pay for itself after 110 hours of rental. The cost of one canoe will be recovered after 48-day rentals, and the cost of the kayak will be recovered after 100 hours of rental. After one year, evaluation of the program will include rental frequency and the extent to which the program has minimized liability. If proven to be successful, the program will be expanded to include rentals from Mae Simmons and use on the other approved lakes in the park system. Staff recommended that Council adopt the resolution approving rental rates for watercraft at City parks where such activities are permitted. (24.) Resolutions No. 6473 and No. 6474 authorizing the Mayor to execute amendments to two contracts with exas Adjustment'ment of Assist AssistantEconomic Grants Development for Defense Economic Reese Center, and relating to the renovation of Building #555, purchase of Capital Equipment for Building #555, Reese Center. RESOLUTION NO. 6473 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is n hereby Ameauthorized ment 1 to directed to execute for and Economicn behalf f the City Of DevelopmentContractfor Defense Economic the Texas Department of Sewer b and Y Adjustment Assistance Grant (Building #555 Renovation tment o f EconomcroDevelopment, between the City of Lubbock and the Texas p and related documents. Said Amendment No. 1 is attached hireto thean nincorutesof ratedthe in this resolution as if fully set forth herein and shall be included ty Council. 124 Regular City Council Meeting August 26, 1999 Page 125 Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of Amendment No. 1 is filed with Resolution No. 6473. RESOLUTION NO. 6474 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the Texas Department of Economic Development Contract for Defense Economic Adjustment Assistance Grant (Capital Equipment for Reese Center Building #555), by and between the City of Lubbock and the Texas Department of Economic Development, and related documents. Said Amendment No. 1 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 26th day of August, 1999. ATTEST: /sl Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of Amendment No. 1 is Bled with Resolution No. 6474. 125 Regular City Council Meeting August 26, 1999 Page 126 The City of Lubbock and Texas Tech University have two grants from the Texas Department of Economic Development's Defense Economic Adjustment Grant program. These grants were for the renovation of Building #555 Reese Center, which includes the Sewer Interconnect Project, and purchase of equipment for Building #555, Reese Center. The contract period of the grants terminates on August 31, 1999. Texas Tech University, the sub -grantee on both grants, has requested an extension of the grants to May 31, 2000. The renovation of Building #555, Reese Center contract has the following three amendments: 1. Amend Section 3 to delete August 31, 1999 and insert May 31, 2000; 2. Amend Section 16 E to delete 40 % and insert 50 % and make the disbursement contingent on contractor (COL) releasing Invitation to Bid (ITB); and 3. Amend Section 16 G to delete the entire section and insert sentence indicating contractor shall complete sewer interconnect by May 31, 2001 or contractor shall return 10 % of the contract funds allocated to the sewer project. Amendments two and three relate to a change in the milestones for release of grant funds for the sewer interconnect portion of the grants. These amendments will allow the City of Lubbock enough time to complete the sewer project. The purchase of capital equipment for Building #555, Reese Center has the following amendment: 1, Amend Section 3 to delete August 31, 1999 and insert May 31, 2000. Staff recommended approval thef the contractsresolutions with the Texas DeparMment of ayor to sign the amendments to Economic Development. (25.) Resolutions No. 6475 and No. 6476 authorizing the Mayor to execute amendments to two contracts with Texas Tech University for Defense Economic Adjustment Assistant Grants relating c to apitalerenovation of equipment for Building #555, Reese Center; and purchase Building #555, Reese Center. RESOLUTION NO.6475 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ized and THAT the Mayor of the City of Lubbock BE andis n AmendmentrNo. 1 to directed to execute for and on behalf of the City of Lubbock,Reese the City of Lubbock Contract for Renovation and improvement Tas TechoUB vers ty ,#and related Center, by and between the City of Lubbock anin this documents. Said Amendment No. 1 is attached hereto antdhei c noes to the City resolution as if fully set forth herein and shall be includedi Council. 126 Regular City Council Meeting August 26, 1999 Page 127 Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of Amendment No. 1 is filed with Resolution No. 6475. RESOLUTION NO. 6476 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the City of Lubbock Contract for Purchase of Capital Equipment for Building #555, Reese Center, by and between the City of Lubbock and Texas Tech University, and related documents. Said Amendment No. 1 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 26th day of August, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of Amendment No. 1 is filed with Resolution No. 6476. 127 Regular City Council Meeting August 26, 1999 Page 128 The City of Lubbock has two contracts with Texas Tech University for grants from the Texas Department of Economic Development's Defense Economic Adjustment Grant program. These grants were for the renovation of Building #555 Reese Center, which includes the Sewer Interconnect Project; and purchase of equipment for Building #555, Reese Center. The contract period of the grants terminates on August 31, 1999. Texas Tech University, the sub -grantee on both grants, has requested an extension of the contracts to May 31, 2000. The renovation of Building #555, Reese Center contract has the following amendment: 1. Amend Section 3 to delete August 31, 1999 and insert May 31, 2000. The Purchase of Capital Equipment for Building #555, Reese Center has the following amendments: 2. Amend Section 3 to delete August 31, 1999 and insert May 31, 2000; and 3. Add Section 16 H to recoup funds from the contractor (TTU) equal to 10 % of contract funds disbursed if project was not complete by May 31, 2001. Staff recommended approval of the resolutions authorizing the Mayor to sign the amendments to the contracts with Texas Tech University. (26.) Consider Resolution No. 6477 authorizing acceptance of water and sanitary sewer improvements for Tract A, Carillon Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6477 A RESOLUTION ACCEPTINGC RILLON ADDITION, TO HTER AND SANITARY E CITY OF SYSTEM IMPROVEMENTS FOR TRACT A LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of TRACT `A' CARILLON 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 sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $18,562.74 with the improvements constructed by H. D. Weaver Ditching Service, Inc., having a value of $18,174.30 as determined by the unit prices established by said Chapter 28, and $388.44 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Carillon, Inc., 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 sanitary sewer improvements was performed under the supervision of specifications;r Utilities gineer and completed NOW THEREFORE: accordance with the City of Lubbock's plans and 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. 128 Regular City Council Meeting August 26, 1999 Page 129 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. Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney _ 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 $18,562.74 and has a value of $18,174.30 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock was $388.44 that includes adjacent mains. The developer, Carillon, Inc., will receive no refund in accordance with Chapter 28. There was no refund deposit. The subdivision is located at 16th Street and Norfolk Avenue. Staff recommended acceptance of the improvements. (26A.) Resolution No. 6478 suspending the effective date of the proposed increase in gas utility rates of Energas Company for ninety days. RESOLUTION AND ORDER NO. 6478 WHEREAS, a Statement of Intent to increase rates within the City of Lubbock was filed August 4, 1999 with the City Secretary of the City of Lubbock by Energas Company; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, is required by law to hold a public hearing to inquire into the reasonableness of such proposed gas rate change; and WHEREAS, the City Council has authority under provisions of law to suspend implementation of such changed rate for up to ninety (90) days pending hearing and decision on such proposed rate change; NOW THEREFORE: 129 Regular City Council Meeting August 26, 1999 Page 130 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, sitting as a regulatory authority under authority of Chapter 103 of the Utilities Code, hereby suspends the effective date of the proposed rate change indicated in the Statement of Intent to increase rates filed with the City Secretary by Energas Company, for a period not to exceed ninety (90) days from the date when such rate change would otherwise have been effective in order for the City of Lubbock and other affected cities to study the rate request and determine its necessity; and SECTION 2. THAT the City Council of the City of Lubbock, in accordance with mandatory requirements of Section 104.105 of the Utilities Code hereby orders and directs that a public hearing upon said proposed rate change by Energas Company be held in the City Council Chambers of the Lubbock Municipal Building, 1625 13th Street, at 10:30 A. M. on the 23rd day of September, 1999, to determine the reasonableness of such proposed rate increase. The City Secretary of the City of Lubbock is hereby authorized and directed to give Energas Company immediate written notice of such hearing by serving a copy of this Resolution and Order upon them at their business office located in the City of Lubbock. RESOLVED AND ORDERED by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Statement of Intent is filed with Resolution No. 6478. On August 4, 1999, Energas Company filed a request to increase their rates. Representatives of cities within the Energas service area met on August 9, 1999 to discuss a course of action. The cities appointed an Executive Committee to evaluate the case and make a recommendation in late November 1999. The Committee is Richard Morton of Odessa, Mike McGregor of Midland, Richard Burdine of Lubbock, Steve Bartels of Hereford, and Greg Ingram of Levelland. The Committee has approved a letter of engagement with Jack Pous, Diversified Utility Consultants, Inc. (DUCI) to evaluate the proposed rates. The City of Midland will advance funds for the consultant, to be reimbursed by Energas. 130 Regular City Council Meeting August 26, 1999 Page 131 The rates will go into effect automatically unless the City Council acts before the end of August to suspend the request. Council can suspend the rates for up to ninety (90) days. Staff recommended City Council approval of the resolution suspending the rate request of Energas Company for 90 days. (27.) Resolution No. 6479/RFP #99127--A/E Services, City of Lubbock Police Academy Firearms Training Facilities (Facilities Management) RESOLUTION NO. 6479 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 Architectural Contract for the Police Academy Firearms Training Facilities at Reese Center, by and between the City of Lubbock and Brown Reynolds Watford Architects, Inc., and related documents. Said Architectural 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 26th day of August, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: _/s/ Gary W. Smith Gary W. Smith, AIA Facilities Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract is filed with Resolution No. 6479. This contract for architectural services will provide a master plan and architectural plans and specifications for Phase One of a complex of facilities on the west side of Reese Center to house the Police Academy Firearm Training Facility. As additional construction funding is approved, the consultant will provide architectural plans and specifications for subsequent phases of construction at a fee to be determined later. It is anticipated that the construction project will be completed in two phases ending in April 2001. Phase One is estimated to cost approximately $1,080,000. The total construction cost including Phase Two is expected to be approximately $1,732,000. The contract amount for professional services is within the General Facilities and System Improvements Capital Projects budget amount. 131 ,> s•- rn�iglbeS2�r,�. Regular City Council Meeting August 26, 1999 Page 132 (28.) (29.) (30.) Two architectural firms submitted proposals: MBA Associates, Fort Worth and Lubbock, Texas Brown Reynolds Watford Architects, Inc., Dallas, Texas The selection committee used the Evaluation Procedures for Competitive Proposals developed by the City of Lubbock Purchasing Department. Selection criteria included: Qualifications —Specialized Experience and Competence of A/E (40 %) Record of Performance (25 %) Proposed Methodology and Types of Services (15 %) Timeliness of the Proposed Work Schedule (10%) Overall Responsiveness to the RFP (10%) Brown Reynolds Watford Architects, Inc. (BRW) has designed numerous similar projects including several involving highly secure law enforcement facilities and has a large staff to commit to the project, while MBA Associates has no experience with firearms ranges and a limited staff. Due to the technical and complex issues related to this kind of facility, the selection committee decided to negotiate with BRW. Negotiations with BRW produced a fee proposal separated by tasks due to the complexity of the project requirements. BRW will provide the following services for the associated fees: Master Planning Phase: $15,000 Phase One Design Phase: 52,500 Phase One Construction Phase: 17,500 Based on the qualifications, reputation and experience of the proposed firm, the committee recommended that Brown Reynolds Watford Architects, Inc. be engaged to perform the architectural engineering services required for this project. Bid #99136--98th Street Storm Sewer (Street Drainage Engineering) and authorize same This item was deleted. Bid #99139--Wood Grinding (Solid Waste) This bid is for a contractor to provide labor and equipment to grind approximately 20,000 cubic yards of wood blocks at the composting facility located at the landfill. The contractor will reduce the size of the wood blocks so they may be composted and turned into a marketable product. The Solid Waste department proposes to sell this material to the general public for $9 per cubic yard or $15 per ton with a 30-ton minimum. The low bid is $42,000 from Theline Recycling Company, LLC of Fort Worth, Texas and is within the Solid Waste Disposal Special Projects budget amount. Bid #99140--2500 kVA Pad Mount Transformer (Electric Distribution) 132 Regular City Council Meeting August 26, 1999 Page 133 This bid is for the purchase of a distribution type pad -mounted transformer used to provide electrical service to Covenant Medical Center. The transformer is rated 2500kVA, three-phase, dead front, loop feed and was made in accordance with LP&L specifications with special dimensions. Bids were evaluated based on the total owning cost of the transformer over its assumed 20-year life span. The cost was calculated by multiplying the core loss (in watts) by $5.60, multiplying the copper loss (in watts) by $1.70, and adding the two resulting numbers to the quoted unit price. The lowest 20-year life cycle cost ($27,125 purchase price) is from Pauwels Transformers, Inc. of Arlington, Texas and is within the Distribution Transformer -System Capital Outlay budget amount. (31.) Resolution No. 6480/Bid #99154—City of Lubbock Auditorium Evaporator Replacement (Civic Services) RESOLUTION NO. 6480 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 City of Lubbock Auditorium Evaporator Replacement, by and between the City of Lubbock and Anthony Mechanical, Inc. of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 26th day of August, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 133 Regular City Council Meeting August 26, 1999 Page 134 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of August, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Anthony Mechanical, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99154 - CITY OF LUBBOCK AUDITORIUM EVAPORATOR REPLACEMENT - $28,280.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Freddy Chavez Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Anthony Mechanical, Inc. By: /s/ Will Anthony PRINTED NAME: Will Anthony TITLE: President COMPLETE ADDRESS: Anthony Mechanical, Inc. P. O. Box 2706 Lubbock, Texas 79408 134 Regular City Council Meeting August 26, 1999 Page 135 This project involves the replacement of the existing evaporator located in the basement of the Municipal Auditorium. The current unit has several ruptured tubes as a result of age stress that causes the refrigerant to leak. Consequently, only one of two auditorium chillers provides cooling for the main seating area during events. The low bid is $28,280 from Anthony Mechanical, Inc. of Lubbock, Texas and is within the Auditorium Chiller -Building Capital Outlay budget amount. (32.) Resolution No. 6481/Bid #99156—Lease/Purchase Four Wheel Drive Articulated Front Loader (Fleet Services) RESOLUTION NO. 6481 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 Lease/Purchase Four Wheel Drive Articulated Front Loader, by and between the City of Lubbock and Municipal Services Group, Inc. of Littleton, Colorado, 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 26th day of August, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Lease/Purchase Package/Agreement is filed with Resolution No. 6481. This bid is for the lease/purchase of a four-wheel drive articulated front loader for the Parks and Recreation Department. The term of the lease is for a period of five years with the City owning the equipment at the end of the term. The low bid meeting specifications for the equipment is $82,877 from Scott Tractor & Equipment Company, Inc. of Lubbock, Texas and is within the Capital Equipment Outlay -Heavy Moveable budget amount. The low bid for the municipal lease is 5.29 % from Municipal Services Group of Littleton, Colorado. 135 Regular City Council Meeting August 26, 1999 Page 136 (33.) Bid #99158—City of Lubbock Police Patrol Automobiles (Fleet Services) This bid is for the purchase of 23 police patrol automobiles. This purchase is a mid -year replacement approved by Council to provide vehicles for the latest graduates of the Police Academy. The low bid is $462,760 from Philpott Ford of Nederland, Texas and is within the Capital Outlay -Motor Vehicle budget amount. Philpott Ford quoted delivery of these vehicles during the first week in October. The next -low bidder quoted 120-180 days to deliver the vehicles. The vehicles from Philpott Ford will be serviced by Pollard Friendly Ford of Lubbock, Texas and the City of Lubbock Fleet Services Department (a Ford Motor Company authorized repair facility). (34.) Resolution No. 64821Bid #99161—Lubbock Memorial Civic Center Banquet Hall Sound System Renovation (Civic Center) RESOLUTION NO. 6482 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 Lubbock Memorial Civic Center Banquet Hall Sound System Renovation, by and between the City of Lubbock and Lubbock Audio Visual, Inc. of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of August, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as 136 Regular City Council Meeting August 26, 1999 Page 137 OWNER, and Lubbock Audio Visual, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99161 - LUBBOCK MEMORIAL CIVIC CENTER BANQUET HALL SOUND SYSTEM RENOVATION - $90,446.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ John James Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Audio Visual, Inc. By: /s/ Sue Gray PRINTED NAME: Sue Gray TITLE: Controller COMPLETE ADDRESS: Lubbock Audio Visual, Inc. 2120 Avenue Q Lubbock, Texas 79405 This bid is for the purchase and installation of the Lubbock Memorial Civic Center Banquet Hall sound system. The sound system project will add new ceiling speakers, subwoofers, a sound mixer, enclosed locking amp racks, amplifiers and digital signal processor speakers that will enhance the sound quality for Banquet Hall events. 137 Regular City Council Meeting August 26, 1999 Page 138 The low bid is $90,446 from Lubbock Audio Visual, Inc. of Lubbock, Texas and is within the Civic Center Sound System -Building Capital Outlay budget amount. (35.) Resolution No. 6483Bid #99163—Construction of Fire Station #15 Facility (Facilities Management) RESOLUTION NO. 6483 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 construction of Fire Station #15 Facility, by and between the City of Lubbock and Pharr & Company of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 26th day of August, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of August, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Pharr & Company, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99163 - CONSTRUCTION OF FIRE STATION #15 FACILITY - $825,000.00 138 Regular City Council Meeting August 26, 1999 Page 139 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton _ MAYOR CONTRACTOR: Pharr & Company By: /s/ John K. Pharr PRINTED NAME: John K. Pharr TITLE: Vice President COMPLETE ADDRESS: Pharr & Company P. O. Box 7291 Lubbock, Texas 79408 This project involves the construction of a new fire station in Southwest Lubbock that will provide fire protection services for the new annexed area. The low bid is $825,000 from Pharr & Company of Lubbock, Texas and is within the Southwest Fire Station -Buildings Capital Outlay budget amount. (36.) Bid #99166--City of Lubbock Solid Waste Packer Bodies (Fleet Services) This bid is for the purchase of six side -loader packer bodies for the Solid Waste Department. The low bid is $292,050 from Southwestern Equipment Company, Inc. of Justin, Texas for Impac brand packer bodies. Due to unfavorable maintenance experience and high maintenance costs for this particular product brand, staff recommended that Council reject the low bid. The 139 Regular City Council Meeting August 26, 1999 Page 140 lowest responsible bid is $310,020 from Davis Truck & Equipment Company, Inc. of Dallas, Texas and is within the Equipment Capital Outlay -Heavy Moveable budget amount. (37.) Bid #99168--Sulfuric Acid, Annual Pricing (Electric Distribution) This bid establishes annual pricing for sulfuric acid used at Lubbock Power & Light Holly Avenue, Brandon Station and Massengale power plants for water treatment. The term of this contract was for one year with options to renew annually for up to two additional years. — The low bids are from the following companies: Martin Resources, Inc. $36,800 Van Waters & Rogers, Inc. 5,600 The low bids are within the Electric Production -Chemical Supply budget amount. (38.) Bid #99176--Patrol Car Video System (Police Department) This bid is for the purchase of a fleet -wide, in -car video system for 214 field -assigned patrol and gang unit officers. This system will provide evidence of what happened during most police events using audio and video recordings. They will also provide a means of painting an accurate picture of police encounters while dramatically increasing training effectiveness. The low bid meeting specifications is $965,140 from Kustom Signals, Inc. of Lenexa, Kansas and is within the Police Enhancement Technology Other Capital Equipment budget. (39.) Bid #99177--PVC Pipe and PVC Fittings (Central Warehouse) This bid is for the purchase of PVC pipe and PVC fittings for Water Department projects including additional pipe and fittings required for the annexation project. The low bid is $78,669.50 from Morrison Supply Company of Lubbock, Texas and is within the Central Warehouse Inventory budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA ORDINANCES FOR PASSAGE (40.) Ordinance No. 10180 - Approving and adopting a budget for Fiscal Year 1999-2000 for the City of Lubbock (second and final reading). ORDINANCE NO. 10180 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1999-00 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATE FUNDS FOR THE 1999-00 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE. 140 Regular City Council Meeting August 26, 1999 Page 141 The City of Lubbock Charter requires two readings of ordinances. This is the second reading of the ordinance adopting the budget for the City of Lubbock for Fiscal Year 1999-2000. The budget ordinance must be considered first, followed by the ordinance on the tax rate. A public hearing on the budget was held on Thursday, August 12 at 5:30 p.m. and notices published as required by state law to allow taxpayers an opportunity to comment on the proposed FY 1999-2000. Staff comments were provided by Anna Mosqueda, Director of Management Services. The budget was filed with the City Secretary's office as required by state law and also made available for public review at the City Libraries and Community Centers. The proposed budget complies with all legal requirements and all mandatory notices have been published. No property tax rate increase is proposed; it remains at 58 cents per $100 evaluation. This budget incorporates the first 3 % of a proposed 6 % rate increase for the Sewer Fund and the first 3 % of a proposed 12 % increase for the Water Fund to fund the North Panhandle Plains Project. The increase for this project was originally proposed to be 15%. As mentioned in the August 12 public hearing, the water and sewer rate ordinances have been revised to reflect rates proposed for a three year period for the Water Fund and for a two year period for the Sewer Fund. The Community Investment Fund established last year will receive 1 % of gross revenues from General Fund and those Enterprise Funds that benefit from community growth. Additionally, the Solid Waste Fund will contribute an additional enhanced contribution of $1,000,000 to the Community Investment Fund. The Community Investment Fund is a separate fund that will be for economic development projects as approved by Council. At the end of each fiscal year the transfers will be made subject to any extraordinary events that might require the funds to be used to meet operating requirements. Annual review will be conducted prior to transfer to ensure that the transfer to the Community Investment Fund does not jeopardize the integrity of the contributing operating funds. GENERAL FUND: The rate of 58 cents per $100 valuation (which was the same as adopted last year) will raise additional revenue as result of new growth and re- evaluations. This year's total taxable value as certified by the Lubbock Central Appraisal District is $6,180,041,846. General Fund expenditures are projected to be $84,182,794. This represents an increase of $398,084 or less than one-half of one percent over the original 1989-99 budget. This includes a one-time fund balance utilization of $671,754 for one-time capital item expenditures. 141 Regular City Council Meeting August 26, 1999 Page 142 ENTERPRISE FUNDS: Enterprise fund budgets are as follows: Electric — $74,843,433; increase of $2,657,528 Water — $27,819,029; increase of 687,168 Sewer — $18,145,340; increase of $1,717,641 Solid Waste — $17,187, 856; increase of $14,042 Airport — $4,812,413; decrease of $123,956 Transit (Citibus) — $879,200 contribution from General Fund remains the same Stormwater — $1,935,200; increase of $95,093 OTHER FUNDS: Economic Development Fund — $1,816,933; increase of $7,944 Debt Service — $22,940,084; increase of $2,204,674 for Water and Sewer debt service Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10180 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 10181 - Setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for year 1999 (second and final reading). ORDINANCE NO. 10181 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1999; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. The City of Lubbock Charter requires two readings of ordinances. This is the second reading of the ordinance adopting and levying a tax rate for the City of Lubbock for Fiscal Year 1999-2000. The budget ordinance must be considered first, followed by the ordinance adopting and levying a tax rate. The ordinance was placed on the August 26 Council agenda for the second reading to adopt and levy the tax rate. The rate proposed is 58 cents per $100 valuation, based on a tax roll of $6,180,041,846 as certified by the Chief Appraiser of the Lubbock Central Appraisal District. The tax rate is to be distributed as follows: 142 Regular City Council Meeting August 26, 1999 Page 143 Debt Service: $0.12161 General Fund M&O $0.42839 Economic Development Fund $0.03000 Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10181 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC HEARINGS (42.) Ordinance No. 10187 - Zone Case No. 2810 (918 Zenith): Request of Joe McWilliams (for Precious Steps) for a zoning change from R-1 to A-2 limited to a daycare on Lots 22 24, Block 6, CD Elliston Addition (first reading). ORDINANCE NO. 10187 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2810; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A DAYCARE ON LOTS 22-24, BLOCK 6, CD ELLISTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:00 a. m. Joe McWilliams appeared on behalf of Precious Steps. No one appeared in opposition. Mayor Sitton closed the hearing at 11:02 a. in. Mr. McWilliams purchased a fire station from the City of Lubbock and intends to provide a neighborhood child care facility in the building. Adjacent land use was residential in all directions. Although the structure is non-residential, it has been on the edge of the neighborhood for many years. The proposal is reasonably consistent with the Comprehensive Land Use Plan and zoning policy. The re -use of the structure for daycare should be an asset to the area. Zenith is a collector level street with access to Broadway. The proposal should have no effect on traffic in the area. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to a daycare. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Ince to pass on first reading Ordinance No. 10187 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 143 Regular City Council Meeting August 26, 1999 Page 144 (43.) Ordinance No. 10188 - Zone Case No. 2822-A (201 University): Request of Lubbock Heritage Society for a zoning change from M-1 Specific Use to M-1 Specific Use (DH) zoning on Lots 1, 2 and 3, Block 1, Tew Addition; designating a landmark thereon; and adding an amendment to Ordinance 10089 on Lots 1-13, Block 1, Tew Subdivision, Lots 7 and 18, Block 1, Perkins Subdivision, Lots 7-12 and Lots 25-26, Block 4, Perkins Subdivision and Tract A, Bell Dairy Addition (first reading). ORDINANCE NO. 10188 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2822-A; A ZONING CHANGE FROM M-1 SPECIFIC USE TO M-1 SPECIFIC USE (DH) ZONING ON LOTS 1, 2 AND 3, BLOCK 1, TEW ADDITION; DESIGNATING A LANDMARK THEREON; AND ADDING AN AMENDMENT TO ORDINANCE 10089 ON LOTS 1-13, BLOCK 1, TEW ADDITION; LOTS 7 AND 18, BLOCK 1, PERKINS SUBDIVISION, LOTS 7- 12 AND LOTS 25 AND 26, BLOCK 4, PERKINS SUBDIVISION, AND TRACT A, BELL DAIRY, LUBBOCK, TEXAS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:04 a. in. Pam Brink appeared on behalf of the Lubbock Heritage Society. Larry Byers spoke in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:14 a. in. In 1998, Bell Dairy processed a specific use zone case to accommodate an expansion of the operation. Within the site plan for expansion, a structure on the north side of 2nd Street would have been demolished to accommodate the growth plan. That structure has had numerous names and uses and is being referred to as the former Lawson's Skating Rink within this discussion. The specific historical significance of this building is linked to Buddy Holly. It is said that Buddy first introduced his style of rock-ii-roll music publicly in this skating rink. Design Historic "DH" zoning is an overlay to the base zoning, which is M-1 Specific Use at the Bell location. The "DH" status exists to recognize and preserve the external character of architectural and historic resources within the community. The overlay zoning requires a review by the Urban Design Commission before any exterior changes are made to the structure, but the zoning has no effect on what the building is used for nor interior changes. With consideration of "DH" or Design Historic zoning for the structure, the current site plan must be amended. Since the facilities planning group at Bell has not yet had time to reconfigure their plans for the expansion to accommodate leaving the skating rink building in place, the staff recommended a condition changing the Specific Use Permit to allow Bell and the City staff to agree on an amended development plan after they have reassessed their plans. The building has potential for numerous reuses within Bell. The City staff has a keen interest in insuring that the expansion plans for Bell Dairy remain viable and will work aggressively toward that end. The proposal meets both the Comprehensive Land Use Plan policies for historic preservation and zoning policies. The Code lists 13 criteria within which to evaluate requests for DH status. 144 Regular City Council Meeting August 26, 1999 Page 145 CRITERIA FOR 141STORIC LANDMARK DESIGNATION LUBBOCK HISTORIC LANDMARK PROGRAM "In making historic landmark designations ... the City Council shall consider, but not be limited to, one or more of the following criteria." (Section 29-25, City of Lubbock Zoning Ordinance) (1) Character, interest or value as part of the development, heritage or cultural characteristics of the City of Lubbock, State of Texas, or the United States. (2) Recognition as a Recorded Texas Historic Landmark, a National Historic Landmark, or entry into the National Register of Historic Places. (3) Embodiment of distinguishing characteristics of an architectural type or style. (4) Identification as the work of an architect, landscape architect, or master builder whose individual work has influenced the development of the city. (5) Embodiment of elements of design, detail, materials or craftsmanship which represent a significant architectural or landscape architectural innovation. (6) Relationship to other distinctive buildings, sites or areas which are eligible for preservation based on architectural, landscape architectural, historic or cultural motif. (7) Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural or landscape architectural style. (8) Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. (9) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state, or the United States. (10) Location as the site of a significant historic event. (11) Identification with a person or persons who significantly contributed to the culture and development of the city, state or the United States. (12) A building, structure, or landscape development that because of its location has become of value to a neighborhood, community area, or the city. (13) Value as an aspect of community sentiment or public pride. The opinion of the Lubbock Heritage Society for responses to these criteria is included in the agenda backup materials. The Urban Design and Historical Preservation Commission and the Planning and Zoning Commission recommended approval of the request subject to the following condition: 145 Regular City Council Meeting August 26, 1999 Page 146 The site plan for Ordinance 10089 shall be amended by adding the DH status to the skating rink building. The City staff and Bell Dairy may amend the existing approved site plan for facilities to accommodate the change. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10188 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (44.) Ordinance No. 10189 - Zone Case No. 2081-C (south of 4th Street and west of Frankford Avenue): Request of JK Partners for a zoning change from C-3 to C4 Specific Use for mini warehouses/ automatic car wash on Tract F, Crow's Nest Addition (first reading). ORDINANCE NO. 10189 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2081-C; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR MINI WAREHOUSES/AUTOMATIC CAR WASH ZONING ON TRACT F, CROW'S NEST ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:18 a. m. No one appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:19 a. in. The request is to utilize the back portion of a parcel between Frankford and Fulton, south of 4th Street, for a mini warehouse and self -serve car wash project. The self -serve car wash was currently a permitted use on the property, which was zoned C-3. Adjacent land uses: North - commercial, partially vacant South - town homes East - commercial West - residential, partially developed The Comprehensive Land Use Plan recommended that C-4 be located on State or Federal highways; 4th Street has a Farm to Market designation at this location. The Specific Use section of the Zoning Code requires that any mini warehouse project have a solid masonry fence adjacent to any residential property. In this request, the entire perimeter wall of the compound is cinder block. The proponent offered during the hearing to use split face block, a concrete block product, on the east and west ends of the project. Access will be from one gate located behind the car wash and adjacent to the office. All of the storage lockers will be accessed from inside the perimeter wall. Entrance to the compound will be by card through an electronic gate. The project will be monitored with closed circuit television. The project should have little effect on traffic. Being shielded from 4th and Frankford by the remaining C-3 on the front, the use seems to make good use of the rear portion of the large parcel. Several citizens expressed concerns: 146 Regular City Council Meeting August 26, 1999 Page 147 1. Drainage down the alley to the south. This project will help control drainage in the alley but will not fix the ditch that stands in water at the east end. That ditch is along Frankford and is a TxDOT responsibility. 2. Fence materials. An owner of town homes to the south seemed satisfied that the perimeter wall would be at least ten feet tall and of concrete block. 3. The pastor of a small church to the west was concerned about what members would see when leaving the church. The west end of the project will be split face block with a 43-foot landscaped area adjacent to Fulton. Note was made that the current church building is a metal structure with the lower one-third covered with split face block. Several adjacent residents did not seem to realize the property was already zoned C-3. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Split face block is required on the west and east building walls. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10189 with an amended site plan as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (45.) Ordinance No. 10190 - Zone Case No. 2850 (north of Purdue and west of University): Request of Fred Nixon (for Primitive Baptist Church) for a zoning change from R-1 to A-2 limited to church and church related uses on a portion of land out of Section 2, Block D4 (first reading). ORDINANCE NO. 10190 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2850; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO CHURCH USES ZONING ON A PORTION OF LAND OUT OF SECTION 2, BLOCK D-4, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:25 a. in. Pastor George Johnson appeared on behalf of Primitive Baptist Church. No one appeared in opposition. Mayor Sitton closed the hearing at 11:27 a. in. The request would accommodate a small church tract. Adjacent land uses: 147 Regular City Council Meeting August 26, 1999 Page 148 North - zoned R-1, agricultural South - residential East - a church and agricultural West - zoned residential, agricultural The request is consistent with the Comprehensive Land Use Plan policy and zoning policy. It is on the perimeter of a neighborhood, adjacent to a major thoroughfare, and should have little effect on traffic in the area. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to a church and church related uses. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10190 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. (46.) Ordinance No. 10191 - Zone Case No. 2851 (south of 98th Street and east of Frankford Avenue): Request of Hugo Reed and Associates (for Fr. Eugene Driscoll with the Holy Spirit Parish) for a zoning change from R-1/T to A-2 limited to church and church related uses on 12.479 acres of land out of the northwest quarter of Section 25, Block E-2 (first reading). ORDINANCE NO. 10191 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2851; A ZONING CHANGE FROM R-1/T TO A-2 ZONING LIMITED TO CHURCH RELATED USES ON 12.479 ACRES OF LAND OUT OF THE NORTHWEST QUARTER OF SECTION 25, 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 11:28 a. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Holy Spirit Parish. No one appeared in opposition. Mayor Sitton closed the hearing at 11:29 a. in. The proposal would provide for a church, school, activity center and residential quarters for church personnel. Adjacent land uses: North - commercial zoning and a church South - vacant East - vacant West - vacant The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. This corner is actually eligible for commercial zoning, while the A-2 request will accommodate the needs of the church. The tract is adjacent to two major thoroughfares, and future impact on the transportation system will be minimal. 148 Regular City Council Meeting August 26, 1999 Page 149 The Planning and Zoning Commission recommended approval of the request subject to the following condition: Limited to a church and church related uses. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10191 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. (47.) Ordinance No. 10192 - Zone Case No. 2127-E (7705 Quaker Avenue): Request of James H. Dirks (for Nunn Electric Supply Co.) for a zoning change from C-2A Specific Use to C-2 on Tract D-2-A, Kings Park Addition (first reading). ORDINANCE NO. 10192 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2127-E; A ZONING CHANGE FROM C-2A SPECIFIC USE TO C-2 ZONING ON TRACT D-2-A, KINGS PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:31 a. m. Bill Cox appeared on behalf of Nunn Electric Supply Company. Jean Schotts and Steven Lee appeared in opposition. Mayor Sitton closed the hearing at 12:05 p. m. The parcel is a portion of a previous zone case along Quaker Avenue that was Specific Use to accommodate a reduced setback from 78th Street for the building south of this proposed change. Otherwise, the strip is open C-2A. Adjacent land uses include commercial to the north, south and east. Across Quaker is residential. The request is consistent with the current Comprehensive Land Use Plan. Also, it is the opinion of the staff that the request is consistent with zoning policies. An attorney representing the business to the north, Alcoe Spas, as well as one of the owners of Alcoe, spent a good amount of time refuting the administrative decision that the proposed Nunn Electric operation would fit the C-2 definition. The current operation at Loop 289 and Brownfield is being displaced, and Nunn would like to move into the former MorLe building, adding about 3,000 square feet to the east side of the building and increasing the parking lot on the east side of the building. The renovated parking lot will have access to 78th Street. Nunn operates a retail showroom of appliances and light fixtures, as well as a "city desk" where both retail and wholesale customers pick up fixtures and supplies. The Senior Planner likened the operation to two comparable permitted uses in the C-2 portion of the zoning code: hardware store and new furniture store. One of the complaints from the adjacent owner is that they operate a "wholesale warehouse" from the 149 Regular City Council Meeting August 26, 1999 Page 150 current store. Wholesale warehouse with offices is a listed C-4 use. While Nunn does sell to wholesale customers from the Loop 289 store, they are selling to contractors or builders with sales tax permits. Items are picked up in pick-ups or small trucks and autos. No loading of 18 wheel vehicles occurs at this store. Any store in Lubbock that offers a wholesale price to commercial customers (office supplies, electronics, household appliance sales, or sporting goods) with a tax permit would fit the C-4 description made by Alcoe. Nunn Electric operates a major warehouse and bulk sales facility at 2425 Texas. They described their operation fully during the Council hearing. Should the Council agree with the contention that the proposed use was at the level of a C-4 "Wholesale house, sales office and storage -No cotton storage", then the request should be denied. This portion of Quaker Avenue should not be zoned C-4. As a procedural note, any dispute of a citizen about an administrative decision should be appealed to the Zoning Board of Adjustment, but that appeal will remain open to anyone in opposition should the current request be approved. C2A was originally developed for the strip commercial along 50th Street to reduce the effect of commercial "over the fence" from residential across the alley. This location does not have residential across the alley, and the building was already in place for those residences that look at the property from the west. It is the opinion of the staff, supported by statements during the hearing, that the major single concern for the owners of Alcoe is a common drive between the two parcels. The original developer of the property platted the two adjacent lots with a common 24-foot drive to serve both properties. When Alcoe bought the north parcel and constructed a new building, they were under the impression that no head -in parking would occur. However, the MorLe group did build head -in parking adjacent to the easement. The occupants of the two buildings have been at odds ever since, with the owners of Alcoe contending that the backing movements of the cars block access to the drive and creates a greater possibility of their building being hit. The staff has always contended that this discussion was a civil issue between two adjacent property owners and not a topic for support or opposition to a zone case. The proposed site plan for the Nunn project adds a curb cut from Quaker with additional parking along the front of the structure. They feel this will lessen the pressure on the common access easement. In addition, Nunn will be reconstructing and expanding a parking lot east of the building which will have a curb return on 78th Street. This will give Nunn customers access to the store from 78th and may reduce traffic using Quaker. Apparently, Nunn has also offered Alcoe an easement on the parking lot for a second way into the back of their building (from 78th). Currently all traffic going to Alcoe must use the common curb cut on Quaker, whether they park in the front or rear of the building. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Tied to site plan 2127-E as presented to the Planning and Zoning Commission and signed by the Chairman on August 10, 1999. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. 150 Regular City Council Meeting August 26, 1999 Page 151 Motion was made by Councilmember McDougal, seconded by Councilmember Ince to pass on first reading Ordinance No. 10192 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (48.) Ordinance No. 10193 - Zone Case No. 2849 (south of 103rd Street and east of Indiana Avenue): Appeal of Hugo Reed and Associates (for Terry Key) for a zoning change from R-1 to C-2A on a portion of land out of Section 19, Block E-2 (first reading). ORDINANCE NO. 10193 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2849; A ZONING CHANGE FROM R-1 TO C-2A WITH A LIMITED NUMBER OF USES, C-1 AND GO ZONING ON A PORTION OF LAND OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:24 p. in. Bernie Gradel of Hugo Reed and Associates appeared on behalf of Terry Key. Cliff Watt spoke in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 12:35 p. in. Following is a transcript of Bernie Gradel's comments at the hearing: Mr. Gradel: Yes, Mayor, I have some things I'd like to pass out here, if 1 may. Sorry about the paper, but I feel like we need to make a point here, because as you mentioned, we do have to have unanimous support from you. As the Mayor said, I'm Bernie Gradel. I am here on behalf of Terry Key and his appeal of the Planning and Zoning Commission's recommendation for denial of this zone case. Basically, I'd like to review some of our original arguments to lay some groundwork for what we hope will be a positive response from you. This zone case deals with a tract of land; I'll refer you, I guess, first to this drawing that shows the area around our request. Basically if you look at the area I think that you'll find that this is an unusual area, and that's the reason we actually made our request based on what we were faced with there. If you will look in the lower left-hand corner, we've got the cross (inaudible) area that shows Tract A, LP&L substation. If you will remember back several months ago, there was quite a discussion about that substation and possibly putting a communications tower on that site. Basically, I think we heard from all the residents around that that substation is really something they wished wasn't there and don't really want to look into it, so obviously we have moved some residential on the east side of Indiana away from it. Now, if you look to the north side of the tract up here, which is Tract 3, All Saints Addition, it's a church tract. If you look directly across to the west of it, you've got Tract A, High Country; that's Aldergate's church tract, Aldergate United Methodist Church. Then right to the south, we've got the Living Word Foursquare Church, another church tract. And basically, our contention is that that creates a buffer; that will be the buffer between a residential area and a commercial area. Basically, all the returns that we had from the adjacent landowners were in favor of this request. We had, in addition to the returns, we had contact with 151 Regular City Council Meeting August 26, 1999 Page 152 several of the residents who were contacted, asking what was going on. I don't think they returned, but they were satisfied with what we were proposing. All that being said, I guess looking back at the pictures you can see the LP&L substation west of property, looking there. Also, if you look to the right-hand side of that first page on the picture you will see the Aldergate United Methodist Church tract, and that's all church land in between there. Then the other pictures are looking north and south, and basically, again, we were looking at church property. Which, again, is — what we're contending is a buffer between our proposed commercial and the residential area surrounding it. I refer you now to the site plan that was included with the information that I brought down, and this is at 105th Street on the north side. This is one use that we do know that would be going in here if this was successfully passed. It's a beauty salon; it's a C-1 use, and I've submitted that for your reference. You can see in here where it would be located on the north side. It would be looking right directly across the street into a church tract and backing into the residential. The reason we are making this appeal, we've had a meeting with staff, and one of the other items that may or may not have been in your original packet but we brought over yesterday is a reduced list of uses in C-2A that we would like to go ahead and incorporate. Plus, we would like to change our zone request to modify it from C-2A Open, which is 47 uses, to down to these fourteen uses, which we think are quite compatible with the neighborhood; and also to add in Garden Office and C-1 uses into that. Basically, our presentation to the P&Z staff would not support this request, because it is not policy, it does not meet the policy standards. But we feel like that the —at least I believe --that it's not necessarily that it's not a policy, but because it did not quite fit the vision with C-2A, did not fit the vision of a neighborhood with all those 47 uses. We got a lot of uses in there, and I'm sure that will be expanded on later. One other question that came up in the Planning and Zoning Commission. It was concerned about the number of driveways coming on to Indiana. Obviously, if you have a C-2A use you could have a driveway or maybe even two driveways every 100 feet or so. So there was concern about how many driveways would be cut into Indiana. We would propose to satisfy that, I guess looking at that you could have more than nine driveways in that one stretch there, that block. And we would say that we would cut that back to four driveway openings on the north and two on the south tract. That should satisfy that concern that was expressed at Planning and Zoning. Again, recapping this a little bit, the LP&L substation is what has created this area; that's my opinion. The church tracts around this were a result of the substation being there initially, and the church tracts do act as a buffer to the adjacent residential property. We would like to secure zoning on this tract. If you have concerns after I've finished my presentation or after the staff has finished their presentation, I'd appreciate it if we could have some discussion on that before you take your vote. With that, I would not necessarily ask that you overturn Planning and Zoning's recommendation, but I would ask that you would uphold our modified proposal as we have presented here to you. With that, I would be glad to answer any questions. 152 Regular City Council Meeting August 26, 1999 Page 153 The proposal is C2A zoning on the east side of Indiana, between 103rd Street and the Living Word Four Square Church. Adjacent land uses: North - vacant, zoned A-2 for church and church related South - church East - vacant, zoned residential West - LP&L Substation, residential and church The proposal is not consistent with the Comprehensive Land Use Plan. Plan policy for this parcel is residential. During the preliminary plat process on Stonebrook (a plat recently approved), comment #9 indicated "Tracts A and B are not eligible for commercial zoning according to the Comprehensive Land Use Plan." With regard to Plan and zoning policy, the tracts should remain residential or may be acceptable as church tracts or other buffer uses. As commercial, the strip nature of these tracts would not benefit traffic on Indiana Avenue because of multiple curb cuts. The Planning and Zoning Commission denied the request. The proponent has appealed the case and may reduce the request to Garden Office. As a buffer district, rather than actually "C" commercial, the proposal would be more consistent with the Comprehensive Land Use Plan. The property owner has one lot with a building designed for a hairdresser. GO accommodates offices only, no commercial. C-1 is the least that would allow the proposal. Mr. Gradel presented a modified proposal from the one presented to the Planning and Zoning Commission. Councilmember Ince suggested that this be taken back before the Planning and Zoning Commission with the modifications, then brought back to Council. Mr. Watt, speaking on behalf of Westar Realty, advised that they were working on a timeline and needed a decision regarding this zone case today. The staff initially supported the denial of the Planning and Zoning Commission for C2A and reserved comment about any change in the district being requested until Council meeting. Randy Henson, Senior Planner, presented staff comments and advised that staff would support the zone change with the modifications presented by Mr. Gradel. A recommendation was made by Council that, if the ordinance passes first reading, the opposition and the three members of the Planning and Zoning Commission who voted against the zone change should be contacted in regard to the suggested modifications. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to overturn the Planning and Zoning Commission ruling and pass on first reading Ordinance No. 10193 as presented today. Motion carried: 6 Yeas, 0 Nays. STRATEGIC PLANNING (49.) Consider Resolution No. 6484 to waive the transport fee for the movement of the Reese Air Force Base housing units through city limits. 153 Regular City Council Meeting August 26, 1999 Page 154 RESOLUTION NO. 6484 WHEREAS, the City of Lubbock has established a fee, in the amount of $50.00, for moving residences upon the streets of the City; and WHEREAS, the United States Air Force has offered 232 residences, located on the premises of Lubbock Reese Redevelopment Authority (the Former Reese Air Force Base) for sale to public entities for use as affordable housing. The purchase price for the said residences is $6.00 per square foot. The United States Air Force and Lubbock Reese Redevelopment Authority have entered into an agreement whereby all funds generated from the sale of the said residences shall be retained by Lubbock Reese Redevelopment Authority for future development purposes; and WHEREAS, numerous municipalities in West Texas and the Texas Panhandle have announced their intention to purchase said residences for use as affordable housing; and WHEREAS, proposed purchasers of the said residences have requested waiver of fees charged by the city of Lubbock for moving same within the city; and WHEREAS, the Lubbock Reese Redevelopment Authority has determined that the removal of the residences, and the resultant income from the sales thereof, will be beneficial to efforts to redevelop the Former Reese Air Force Base and that the waiver of the said fees will enhance and promote the sale of the residences; and WHEREAS, the Lubbock Reese Redevelopment Authority has requested the city council of the city of Lubbock to waive the $50.00 fee described hereinabove; and WHEREAS, the city council of the city of Lubbock finds that it is in the public interest to foster and promote the establishment of affordable housing and that the waiver of the said fee would promote and enhance same; and WHEREAS, the city council of the city of Lubbock finds that it is in the public interest of the citizens of the city further the redevelopment of the former Reese Air Force Base and that the waiver of the said fee will further the same. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the $50.00 fee established and required for the movement of residences upon the streets of the city of Lubbock be and is hereby waived in connection with the movement of the residences hereinabove described. All other ordinances, resolutions, regulations and rules of the city of Lubbock, remain in full force and effect. 154 Regular City Council Meeting August 26, 1999 Page 155 Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Duane Lavery Duane Lavery Assistant Director of Lubbock Reese Redevelopment Authority APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney Reese Air Force Base officially closed September 30, 1997. Since that date the Lubbock Reese Redevelopment Authority has worked to redevelop the closed military facility. One reuse project that will have a positive effect on the redevelopment efforts of Reese Center and the economic revitalization of various South Plains communities is the relocation of the military housing units currently located at the air base. The area South Plains communities have been looking for methods to expand and improve their local housing stock. A lack of sufficient housing has also had a detrimental effect on the economic development efforts in these respective communities. When Reese Air Force Base closed in September 1997, the opportunity to relocate the military housing units to area municipalities, and enhance their economic development efforts, was realized. The Lubbock Reese Redevelopment Authority has been working with the South Plains municipalities to broker a real estate deal to convey these housing units to these area communities. Some of these housing units will be moved from Reese Center to the South Plains communities by transporting them through the city limits of Lubbock. Whenever a housing unit of this nature was transported on Lubbock streets, the city charges a $50 transport fee. This item requested the City Council to waive this fee in order to assist the area municipalities and, thus, LRRA by reducing the moving costs and supporting their economic development efforts. Even though the fee is waived, a permit will still be required. Debra Forte, First Assistant City Manager, presented staff comments. Since the City of Lubbock has supported the reuse efforts of the Lubbock Reese Redevelopment Authority to redevelop the closed Reese Air Force Base, staff recommended the City Council approve the resolution waiving the $50 transport fee for area municipalities to transport former military housing units through the city limits to their respective locales. 155 Regular City Council Meeting August 26, 1999 Page 156 Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass Resolution No. 6484 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince was away from the dais. The next item considered was Item No. 51. CIVIC SERVICES (50.) Consider Resolution No. 6486 authorizing the Mayor to execute an amendment to the agreement between the City of Lubbock and Civic Lubbock, Inc. whereby Civic Lubbock, Inc. agrees to sell, dispense, and serve Coca-Cola products during the term of the agreement. This item was considered following Item No. 51. RESOLUTION NO. 6486 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. Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment to Agreement is filed with Resolution No. 6486. When the existing scoreboard at the Municipal Coliseum was purchased through sponsorships, Civic Lubbock, Inc. entered into a product availability agreement with Southwest Coca-Cola Company, a major sponsor of the scoreboard. This agreement stipulated that Coca-Cola products would be sold and served through Civic Lubbock's concession operation. The agreement was a ten-year agreement, and the term of that agreement ended in March of 1999. The agreement provided for an 156 Regular City Council Meeting August 26, 1999 Page 157 automatic renewal upon mutual agreement. The City of Lubbock has negotiated with Coca-Cola to provide two video display systems for the Municipal Coliseum. Because of the cost associated with this purchase, which will be a donation to the City, it was necessary for the product availability rights to be renewed at these facilities and that the concessionaire, Civic Lubbock, Inc., agree to this renewal. Due to the complexity of this project and other third parties which will be impacted by this project, it was determined that the agreement between the City and Civic Lubbock, Inc. should be amended rather than executing a separate agreement between Coca-Cola and Civic Lubbock, Inc. The amendment provides for Civic Lubbock, Inc. to abide by the exclusive beverage agreement between the City and Southwest Coca- Cola Bottling Company, in regard to the sale, dispensing, serving and sampling of beverages through their concession operation during the term of that agreement. The amendment also states that Civic Lubbock, Inc. will continue to service the beverage vending machines located in the Civic Center and Auditorium -Coliseum with products purchased through Southwest Coca-Cola Bottling Company and retain the revenues associated with those machines. Tommy Gonzalez, Director of Civic Services, presented staff comments. The current product availability agreement provides for an automatic renewal upon mutual agreement. Since this amendment provides for the renewal of product availability rights for beverages sold through Civic Lubbock, Inc.'s concession operation and will enable the City to receive a state-of-the-art video display system for the Municipal Coliseum sponsored by Southwest Coca-Cola Bottling Company, staff recommended that the amendment to the agreement between the City of Lubbock and Civic Lubbock, Inc. be approved. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 6486 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Nelson recused himself. The next item considered was Item No. 52. (51.) Consider Resolution No. 6485 authorizing the Mayor to execute an agreement between Southwest Coca-Cola Bottling Company and the City of Lubbock for exclusive availability and promotional rights for beverage products in City facilities. This item was considered following Item No. 49. 12:52 P. M. COUNCIL RECESSED 12:58 P. M. COUNCIL RECONVENED 157 Regular City Council Meeting August 26, 1999 Page 158 RESOLUTION NO. 6485 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and any associated documents, between Southwest Coca-Cola Bottling Company and City of Lubbock, attached hereto, which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6485. In March of 1989, the City of Lubbock and Southwest Coca-Cola (SCC) Bottling Company entered into a ten-year agreement for pouring and advertising rights for Coca-Cola beverage products in the Municipal Coliseum, Auditorium, and Civic Center. In return, the City of Lubbock received $235,000 in consideration, which along with other sponsors, paid for the scoreboard in the Coliseum. As this contract came to an end, City staff began discussions to renew the advertising and product availability rights contract for the Lubbock Municipal Coliseum, Auditorium, and Civic Center. The current agreement expired on March 7, 1999, with SCC having the option to renew the contract for an additional five years for a mutually acceptable annual advertising fee. Because SCC has an option to renew the contract, City staff began negotiations to secure another long-term agreement. SCC was excited about the opportunity created by Cotton King Hockey reaching a new demographic through ice skating classes, public skating, as well as working toward developing a youth and amateur hockey league. The Cotton Kings will also showcase 35 home games and two exhibition games in the Municipal Coliseum. 158 Regular City Council Meeting August 26, 1999 Page 159 With a primary tenant secured and the opportunity to enhance the Coliseum, staff worked toward negotiating a higher rate of consideration from Coca-Cola. The higher rate will pay for two "video" board systems for the Coliseum. These boards will have advertising panels on them to display Coca-Cola logos, and any other advertisers that are secured, as well as the ability to play video advertisements. The agreement includes $1,000,000 in consideration for the City of _ Lubbock for the rights of SCC to have exclusive beverage, advertising, and promotional rights in all City facilities, with the exception of City Hall and the Lubbock International Airport. The City of Lubbock currently has a contract with SCC for vending in all City facilities through April 2001. By entering into this agreement, the City of Lubbock was collapsing the current agreement into this one. This agreement was for a term of ten years, with a provision to terminate at five years depending on the disposition of the Coliseum. Tommy Gonzalez, Director of Civic Services, and Don Vandiver, First Assistant City Attorney, presented staff comments. Staff recommended Council authorize the Mayor to execute the agreement between the City of Lubbock and Southwest Coca-Cola Bottling Company with the following amendments: 1. That the agreement does not include Little Leagues and that the advertising at the ball fields in the Little Leagues and the concession operations, which are primarily done by volunteer groups that then use that money to back to the Little Leagues, be not included, and that we are specific in the wording, that we state it as such, so that there is no confusion as to what we mean by "professional" versus "amateur", or Little Leagues. 2. That other products at City ball fields can be sold through these concession operations, that we do not operate at the Little League ball fields. 3. That Apani would be able to sell water throughout the City as they were before. In this scenario, they (Apani) would be able to sell it through the Little Leagues, and also in the Coliseum only the bottled water that has the Cotton Kings logo on it and as a souvenir item at the Coliseum; not iced -down water, but as a souvenir item representing that they are a sponsor for Cotton Kings, if the Cotton Kings are agreeable to that, as the City does not make agreements for the Cotton King organization. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass Resolution No. 6485 with the above amendments as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Nelson recused himself. The next item considered was Item No. 50. MISCELLANEOUS (52.) Consider Resolution No. 6487 authorizing the Mayor to execute an amendment to the automobile parking concession contract between the City of Lubbock, Texas and APCOA/Standard Parking, Inc. for parking facilities at Lubbock International Airport. 159 Regular City Council Meeting August 26, 1999 Page 160 RESOLUTION NO. 6487 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 Automobile Parking Concession Contract, for parking facilities at Lubbock International Airport, by and between the City of Lubbock and APCOA/Standard Parking, Inc., and related documents. Said Amendment to Automobile Parking Concession 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 26th day of August, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Amendment to Contract is filed with Resolution No. 6487. APCOA/Standard Parking, Inc., the parking concessionaire at Lubbock International Airport, requested revisions to the minimum annual payment amounts in the current contract. In exchange, APCOA/Standard Parking, Inc. will design and install a new revenue control system for the airport, make a cash payment of $100,000 at the end of the five year contract and provide $25,000 for equipment maintenance should the City and APCOA/Standard Parking, Inc. not be able to agree on terms of a future contract extension. City management and legal staff agree that the City is receiving fair value in exchange for the reduction in minimum annual payments. Staff recommended City Council approval of the proposed resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6487 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (53.) Consider one appointment to the Libraries Board. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Sharon Williams to the Libraries Board. Motion carried: 6 Yeas, 0 Nays. Regular City Council Meeting August 26, 1999 Page 161 (54.) Consider one appointment to the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Linda Middleton to the Planning and Zoning Commission. Motion carried: 6 Yeas, 0 Nays. (55.) Consider six appointments to the Youth Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Isaac Garnett, Kay Gilmoure, Judy Mayfield, Fred Ortiz, Carolyn Simpson, and Larry Wilson to the Youth Commission. Motion carried: 6 Yeas, 0 Nays. (56.) Consider one appointment to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Jim Gilbreath to the Zoning Board of Adjustment. Motion carried: 6 Yeas, 0 Nays. (57.) Consider three appointments to Market Lubbock, Inc. Board of Directors. Jim Crowson, Steve Hurt, and Dr. R. J. Wilcott have terms expiring in October. All three are eligible for reappointment, but Steve Hurt has declined possible reappointment. A copy of the current roster and other supporting documentation is included in agenda backup. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint John Montford and Calvin Williams to the Market Lubbock, Inc. Board of Directors. Motion carried: 6 Yeas, 0 Nays. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Delbert McDougal to the Market Lubbock, Inc. Board of Directors. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal recused himself. 1:23 P. M. COUNCIL RECESSED 2:03 P. M. COUNCIL RECONVENED 161 Regular City Council Meeting August 26, 1999 Page 162 2:03 P. M. COUNCIL ADJOURNED ATTEST: There being no further business to come before Council, Councilmember Nelson made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 3 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment: Mayor Sitton and Councilmembers McDougal and Nelson. , City Secretary Aix] WIN SITT O Read and approved this day of , 1999 ATTEST: nell, City Secretary INDY SITT N, AYOR 162