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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/23/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 23, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of September, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:38 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember David Nelson, and Councilmember T. J. Patterson Absent: Councilmember Victor Hernandez CITIZEN COMMENTS No citizens appeared to express comments to the Council EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (Civic Services; Environmental Inspection Services; Police Department); and personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions). 7:38 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All were present except for Councilmember Victor Hernandez. ( 1•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 2•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Civic Services; Environmental Inspection Services; Police Department). (3•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Building Board of Appeals 9:37 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All were present except for Councilmember Victor Hernandez. Mayor Sitton recognized Susan Leonard and the Advanced Reporting Class at Texas Tech University, who were in attendance at today's work session. Regular City Council Meeting September 23, 1999 Page 192 ( 4.) Presentation by Texas Aviation Heritage Foundation, Inc. (Silent Wings Museum) consisting of Jim Bertram, Director of Strategic Planning; Mark Earle, Director of Aviation; and Gary Lawrence, Board Chair, Texas Aviation Heritage Foundation. This work session item is in conjunction with two Council agenda items for the September 23, 1999 City Council meeting involving a grant application from the City of Lubbock and the Texas Aviation Heritage Foundation, Inc. (TAHFI) for $2.4M in transportation enhancement funds from the Texas Department of Transportation (TxDOT). On August 12, 1999, the Council committed a ten acre site at Lubbock International Airport to house a "Texas Transportation Heritage Park Silent Wings Museum" as a major visitor attraction for this community. Since that time, the City of Lubbock (with TAHFI as a sponsor) has submitted an application to TxDOT for $2.4M with a required local match of $600,000. At first, it was assumed that the land at LIA could serve as the local match; however, TxDOT has indicated that the local match must be a cash match. The two action items on the Council agenda deal with how the City proposes to front the local match of $600,000 for the $2.4M in TxDOT grant funds. The primary purpose of this work session item was for members of the board of TAHFI to acquaint the Council with more details about current plans and outside commitments to making the Silent Wings Museum a success in Lubbock. Mr. Gary Lawrence, Chairman of the Board of Directors of TAHFI, members of TAHFI, and members of the Military Glider Pilots Association were present to make comments to Council about this work session item. Consensus of City Council was to approve the resolution being presented; however, the Council requested "due diligence" with staff evaluating any final agreement. ( 5,) Presentation of results of project cost bid awards for Canadian River Municipal Water Authority (CRMWA) Phase II of the Conjunctive Use Project and discuss matters relative to the bond financing including the results of pricing by Terry Ellerbrook, Director of Water Utilities; and Betsy Bucy, Director of Financial Services. This item was presented in Regular Session with Item No. 37. The final costs for Phase II of the CRWMA Conjunctive Use Project were presented by Terry Ellerbrook. Betsy Bucy introduced the process that the City utilized for this bond sale. Anderson Bynum, representing Siebert, Brandford, Shank & Co., LLC presented results of pricing for the City's portion of the bond financing for the CRMWA Conjunctive Use Project. Vince Viaille, Financial Advisor representing First Southwest Company, also presented information relative to the bond sale. There is a second reading of the bond ordinance approving the bond sale on this City Council agenda for approval. This presentation was to provide information only; no action is required. 192 Regular City Council Meeting September 23, 1999 Page 193 10:43 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Victor Hernandez Mayor Sitton called the meeting to order at 10:43 A. M. ( 6.) Pastor Jay Beyer, Redeemer Lutheran Church, gave the invocation. ( 7.) Pledge of Allegiance was given in unison by those in the City Council Chambers. Mayor Sitton welcomed and recognized Ryan Lowrey of local Boy Scout Troop 157, who was attending today's meeting as a part of earning his Citizenship Badge. BOARD APPOINTMENTS RECOGNITION Airport Board Receiving: Todd McKee Keep Lubbock Beautiful Advisory Committee Receiving: Rita Melton Youth Commission Receiving: Stephen Escobedo CITIZEN APPEARANCES ( 8.) Murray Hensley, President of Civic Lubbock, Inc., appeared to present the 1999/2000 Civic Lubbock, Inc. budget. The agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. prepare and present to the City Council a budget for the upcoming year. This budget is not presented for City Council approval per se, but rather for information and comment. Effective October 1, 1998, the food and soft drink concession operation was transferred back to Civic Lubbock, Inc., as were the functions of handling the Walk of Fame and Terrace Inductions, the Local Grant Program, and sponsorship and co-sponsorship of national touring shows for the Civic Center and Auditorium -Coliseum. In addition, the current agreement provides for a reduction in the commission paid to the City on food and soft drink concessions from 20 % to 10 % for fiscal year 1999/2000. This reduction was approved in a prior amendment to their agreement to provide sufficient revenue streams to cover long-term commitments made by Civic Lubbock, Inc. in fulfillment of components of their mission, i.e. public art projects and acquisition of the Buddy Holly memorabilia. With the addition of ice hockey and the fact that there is no history in the facility for this type of event, revenue estimates were based on league averages in comparable facilities in both attendance and per capita. 193 Regular City Council Meeting September 23, 1999 Page 194 Key components of the 1999/2000 budget are as follows: • Estimated commissions are $195,980. This represents a 36% increase over the revised estimate for 1998/99. The commission paid reflects a 10 % commission on food and soft drink sales, 20% commission on alcohol sales, and 30% commission on beer sales from hockey events. These are the commissions as approved in the existing agreement. • Net profits from the concession operation are anticipated to be $206,036. • Civic Lubbock, Inc. was instrumental in the development of the Broadway Series and was able to renew the contract for five additional years as a co-sponsor of the Series. The Series has continued to grow and will have 27 performances for 1999/2000. This budget reflects a profit from the Broadway series of $30,000, which is a conservative figure. • Net profits for FY 1999/2000 that will go towards Civic Lubbock, Inc.'s chartered purpose and fulfill their long-term financial commitments are estimated to be $168, 793. Civic Lubbock, Inc. commissioned a public art piece by Eddie Dixon over a year ago, and it should be completed by the end of the year. The cost of this piece was approximately $108,000 with installation, and the funds to purchase the piece came from their reserves. In addition, Civic Lubbock, Inc. has made a significant contribution to the Buddy Holly memorabilia collection. Civic Lubbock, Inc. has also provided partial funding to convert one of the Coliseum concourse dressing rooms into a concession stand for more points for sale. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the promotion or co -promotion of educational, cultural, and entertainment programs in the Civic Center, Auditorium - Coliseum and Civic Center District. They have also made significant investments in public art. In addition, Civic Lubbock, Inc. contributes to reducing the cost of operations of the Civic Center and Auditorium - Coliseum through the commissions paid to the City. The 1999/2000 budget for Civic Lubbock, Inc. was presented to City Council for their information and comment. ( 9.) Presentation of miniature Buddy Holly street intersection signs to the Holley family in recognition of their contributions to Lubbock and to the opening of the Buddy Holly Center. The Holley family has always been very receptive and accommodating to fans and to the City of Lubbock with regard to the on -going interest in their brother, Buddy Holly. Fans from across the world and throughout the United States travel to Lubbock because this is Buddy Holly's hometown. The Holley family has been kind in making themselves accessible to these fans, and in this respect they have exemplified West Texas hospitality. Recently, with the opening of the Buddy Holly Center and the permanent public exhibit devoted to the life and music of Buddy Holly, the Holley family has again been generous with their time and their personal possessions. The family donated and loaned personal items of Buddy's and the family's to the permanent exhibit. They were very forthcoming 194 Regular City Council Meeting September 23, 1999 Page 195 in sharing their memories and ideas with regard to this project, and they were very helpful and positive throughout the entire process. For this reason, the City wished to present them with miniature Buddy Holly Avenue street intersection signs as a keepsake and in appreciation for their help in this endeavor. Buddy's brothers are Larry and Travis Holley, and his sister is Pat Holley Kaiter. The Mayor presented the miniature Buddy Holly Avenue intersection signs to Travis Holley, who accepted on behalf of his family. (10.) Presentation of a special recognition to the Lubbock Convention and Visitors Bureau. The Lubbock Convention and Visitors Bureau was recently given four separate awards by the state association that recognizes the work of Visitor and Convention Bureaus across Texas. In recognition of their receiving these awards for excellence and in recognition of their work in organizing several recent public events, this Special Recognition was presented during Citizens Appearances. Linda Fort, Executive Director of the Visitors and Convention Bureau, was present to accept the award. The Mayor presented this special recognition in honor of the Convention and Visitors Bureau's recent achievements. (11.) Presentation of a proclamation to Kelly Chase, City Of Lubbock Health Educator, declaring October as National Breast Cancer Awareness Month. On October 1, 1999 at 10: 30 a. in. the Health Department has planned the kick-off to National Breast Cancer month at the Courthouse Gazebo. Nationally, breast cancer is the most common form of cancer in women. In 1999, an estimated 11,300 Texas women will be diagnosed with breast cancer, and about 2,400 women will die of the disease. Breast cancer is almost 100 percent curable if it is detected in its early stages. October is recognized as National Breast Cancer Month to raise awareness about this disease, so that one day the medical community can win the battle against breast cancer. The Mayor presented this proclamation for the citizens' community -wide awareness campaign. Kelly Chase accepted the proclamation and presented a short video on breast cancer awareness. (12.) Presentation of special recognition to Kathy Smith, 1999 Race for the Cure Co -Chairperson, recognizing September 25, 1999 as Race for the Cure Day. The Susan G. Komen Breast Cancer foundation was established in 1982 by Nancy Brinker to honor the memory of her sister, Susan G. Komen, who died from breast cancer at the age of 36. The foundation has become a national organization with a network of volunteers working through local affiliates and Race for the Cure events throughout 44 states and the District of Columbia. The mission of the foundation is to eradicate breast cancer as a life -threatening disease by advancing research, education, screening and treatment. Through the funding of 195 Regular City Council Meeting September 23, 1999 Page 196 basic research, the Komen foundation has laid the groundwork for some of today's most promising breast cancer treatments. Since its inception, the Komen foundation has raised more than $136 million. There are 99 races in 1999 across the United States. The proceeds from the 1998 Race for the Cure funded the following local projects: City of Lubbock Health Department —Education Covenant Health System —Treatment Planned Parenthood —Education The Rope of Hope —Education South Plains Food Bank, Inc. —Education The Mayor, who is Honorary Chair of the 1999 Race for the Cure, presented this special recognition to Kathy Smith. Mayor Sitton also recognized Councilmember Patterson, who will be receiving the John B. Shepherd Community Service Award on September 25, 1999 in Austin. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Lubbock Convention and Visitors Bureau. I'm glad to see that Linda and her staff have stayed. I want you to know that this has been a busy summer. All of ya'll here, you may think, "Well, I've seen that we had that Miss Texas USA Pageant here; we had all those mayors and council members from across the state here; and what was that Music Crossroads thing that they had?" Well, those are all products of the hard work and dedication to this City that our Convention and Visitors Bureau has. What a great and hardworking staff that Linda has that are here today, and what a wonderful asset to our community. I'm glad to see that you have been recognized by the state associations for the hard work, the budgetary work, the creative work that you do. It is truly an asset that we in Lubbock have and will be a key to the future of the growth and economic and tourism development that we hopefully will share in many years to come. So we recognize and thank you for your efforts. No. 9 is Undeniably Prepared-EOC, which stands for our Emergency Operations Center. Certainly, last week when the rains came--again-- and the flash floods were once again a problem for us, we were prepared. We can't control Mother Nature, but we can certainly react and try to prevent health and safety hazards to our citizens. That's what our Emergency Operations Center does, and they're getting very, very good at it. They were there 24 hours a day for approximately three days in succession and were available to assist where we could. To their credit, I think that the inconvenience and the problems that the flash flooding caused were minimal, and affected some people, but the negative effect was diminished. Not only were they apparent in last week, but our Y2K preparedness, our 9/9/99 preparedness reflects that Lubbock is a city that looks to the future and looks to the contingencies that may jeopardize our health and safety and are prepared to react to those contingencies and minimize those negative effects. So, Emergency Operations Center, our hats are off to you. 196 Regular City Council Meeting September 23, 1999 Page 197 No. 8 is Breast Cancer Awareness. And certainly, what we've just seen and what we are doing here in Lubbock to try to protect the women of our community and encourage the health in that regard, it only takes a person in your family or person that is close to you to bring to heart the seriousness of this disease, and also the hope that we have in preventing the serious consequences of this disease, with the proper treatment. Let's all continue to support the efforts that our Susan B. Komen Foundation is doing this weekend and during this month. No. 7 is Buddy Holly Center. All of you that came down to the Music Crossroads Festival, I'm sure were able to go into the Buddy Holly Center for the first time, the dedication on September 3rd, the opening of that wonderful museum and that wonderful tribute to the music heritage of this City and this part of the state and this part of the world. It's truly something we can be proud of, and I'm glad Travis was here today to help us recognize his family and the contributions that the Holley family have made. Let's all join in and appreciate and market this tourist opportunity across the world. No. 6 is Over (on) the Hill. Many of you come to City Hall and realize that here is where many of our staff persons have offices and work hard to do what things in the city need to be done to make it a great city. But you've got to realize, many of you folks that have been here for years, Municipal Hill is where the large part of our operations are. That is located just to the east of Interstate 27 on Municipal Drive, which is north of 4th Street. As you drive by there, you notice a big, white dome; you notice the park; you notice many softball fields and other things, but just know that not only do we have Lubbock Power & Light officed there, many of their operations department and one of their generating stations, we have the animal control center there. We have the garage and fleet maintenance center there. It has been the home for our police and fire academies; we have the water department, and of course we have wonderful McKenzie Park that has the infamous Prairie Dog Town. There's a thirty-six hole golf course that provides entertainment opportunities for the folks in this area. Know that the Municipal Hill is where all the hard work is done that keeps our City operating and makes us appreciate what we have here and that it all goes smoothly. "Over on the hill", and that's been there a long time, and they're all mature people. They're not over the hill, but they're there with a lot of years of experience. No. 5 is Confidence in the City. Our bond election that was held concluded on Saturday and reflects the attitude of our community and that we in Lubbock have confidence in the future of our City. We have confidence in the direction that our City is going and confidence in those people, our Citizens Advisory Force, that made the recommendations for our bond packages. Four of the five packages passed with a very comfortable margin, a very significant indication that we in Lubbock are for the future, we are for the progress of this community, and we're supportive of what you're doing, both at City Hall and within the community. No. 4 is "Kactus" Theatre, and I apologize for the spelling, but as you know, "K's" and "Y's" are at a premium these days. The Buddy Holly Story was once again produced for its fourth year, I believe, at the Cactus Theatre on Buddy Holly Avenue. That was probably the first musical and theatrical production that we in Lubbock came to realize was put on at that wonderful entertainment venue. Over the years, probably the last four or five years --and Don Caldwell can probably tell us 197 Regular City Council Meeting September 23, 1999 Page 198 exactly --the Cactus Theatre has been the entertainment opportunity for music and theatrical productions that truly are not only very indigenous of Lubbock, but are very reflective of the wonderful talent that we have in this community. It started with many people, financially and with a lot of heart, and at the center of that was Don Caldwell and his family. It is a wonderful opportunity we have, and I encourage all of you to support our Cactus Theatre, and whenever you go there, tell them that we appreciate their efforts in having the entertainment and musical and theatrical opportunities that they provide for us. No. 3 is Yippee Kiyiyo. Yes, "Y's" are at a premium, too. This is an opportunity to --a week later --but we want to reflect the National Cowboy Symposium that we had on the loth, I believe, of September. Al Davis and the group at the Ranching Heritage Center are a group of dedicated people that put on this wonderful symposium to help us learn and remember about our western heritage and what the cowboy in this part of the world did to make it what it is today. So we recognize the National Cowboy Symposium and look to see them back next year. No. 2 is E-Status. That stands for "electronic technology status." I want to tell you that our Information Technology Department in the City of Lubbock, our Managing Director is Sharlett Chowning, Mark Yearwood, many, many people that work very hard to make sure that Lubbock not only is at the cutting edge of electronic and information technology, but Lubbock is ahead of the game, and that everybody that works for Lubbock, everybody that is affected by the many operations that we have are at the forefront of not only economical, but efficient electronic technological advances. We are appreciative of everything that they do. Our YX preparedness, national recognition was given; that is in part and primarily due to our Information Technology Department. So we salute you. No. 1 is South Plains Fair, 82nd Version. This is the 82nd year of the South Plains Fair, and we owe it all to the folks there at the South Plains Fair Association, of which Steve Lewis is the Director. They decided -- not Steve, he wasn't around 82 years ago —but they decided 82 years ago that this part of Texas needed to have a fair. Not only to showcase all of the many activities --agricultural, husbandry, activities and efforts --but to provide an entertainment opportunity for the folks in this part of Texas. What a great entertainment and great showcase that we have out there every year this time of the year. It begins this Saturday, and I want to encourage everybody in Lubbock to once again be part of the over two to three hundred thousand people that will visit the South Plains Fair and enjoy what we have to offer. And thank you at the South Plains Fair Association for 82 years of wonderful dedication, and we're very proud of your efforts. CONSENT AGENDA (Items No. 13 - 27, 29 - 30, and 32 - 36) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (13.) Approval of the minutes of the Regular City Council Meeting of September 9, 1999. 10 Regular City Council Meeting September 23, 1999 Page 199 (14.) Ordinance No. 10194 abandoning and closing a temporary construction and overhead electrical easement in Section L8, Block E-2, Lubbock County, Texas (5202 Chicago Avenue) (second and final reading). ORDINANCE NO. 10194 AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY CONSTRUCTION AND OVERHEAD ELECTRICAL EASEMENT RECORDED IN VOLUME 5253, PAGE 51 OF THE OFFICIAL REAL PROPERTY RECORDS OF LUBBOCK COUNTY AND LOCATED IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 10195 amending Chapter 12, Section 12-18 of the City of Lubbock Code of Ordinances to adopt the "Texas Food Establishment Rules" (second and final reading). ORDINANCE NO. 10195 AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY OF LUBBOCK CODE OF ORDINANCES, ADOPTING THE TEXAS FOOD ESTABLISHMENT RULES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 10196 granting the right, privilege and franchise to Touch America, Inc. to conduct a telecommunications business within the boundaries of the City of Lubbock (first reading) ORDINANCE NO. 10196 AN ORDINANCE GRANTING TOUCH AMERICA, INC., A FRANCHISE AUTHORIZING AND GOVERNING THE USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF LUBBOCK. The City of Lubbock may grant telecommunications franchises on a non- exclusive basis, giving a business the right to place their facilities within public rights -of -way and easements. The franchisee pays the City rent based on their number of residential and commercial connections, or on a linear foot basis if they have few connections. Touch America, Inc. has made application (copy included in agenda backup) and paid the appropriate application fee for a telecommunications franchise. The Texas legislature adopted HB 1777 in its last session, dramatically changing the relationship between cities and the telecommunications providers that use city rights -of -way. The Public Utility Commission is in the process of developing rules to implement HB 1777, but the new rules will not be available until late this year. These rules will undoubtedly necessitate changes in the City of Lubbock's franchise ordinance. For this reason, staff recommended granting Touch America, Inc. a one-year franchise, rather than the usual three-year franchise. Staff recommended City Council approval of the franchise ordinance on first reading. 199 Regular City Council Meeting September 23, 1999 Page 200 (17.) Ordinance No. 10197 amending Chapter 9 of the Code of Ordinances of the City of Lubbock pertaining to the determination of rates to be charged for electric services within the City of Lubbock and providing for the filing of orders and resolutions establishing rates with the City Secretary and providing for publication (first reading). ORDINANCE NO. 10197 AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DETERMINATION OF RATES TO BE CHARGED FOR ELECTRIC SERVICES WITHIN THE CITY OF LUBBOCK AND PROVIDING FOR FILING OF ORDERS AND RESOLUTIONS ESTABLISHING SUCH RATES WITH THE CITY SECRETARY OF THE CITY OF LUBBOCK; AND PROVIDING FOR PUBLICATION. Due to the recent passage of the electric industry deregulation legislation, SB 7, and other competitive factors, the city's electric power company may enhance its competitive advantage by the City Council determining the rates to be charged for electric service in a meeting conducted in accordance with Section 551.086 of the Texas Government Code. Staff recommended that the City Council approve the requested ordinance. (18.) Consider Resolutions No. 6501, No. 6502, No. 6503, No. 6504, No. 6505, and No. 6506 authorizing the Right -of -Way Department to make offers to thirteen property owners for six parcels of right-of- way for the East-West Freeway railroad relocation (west of Milwaukee between 50th and 34th Streets, west of FM 179 south of Ursuline Street, west of Milwaukee north of Kent Street, and east of Frankford Avenue south of the Clovis Highway). RESOLUTION NO. 6501 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 5 Daniel K. Seale, Kathleen N. $27,300.00 -- Seale Withers, f/k/a Kathleen L. Seale, Carolyn A. Seale, Victoria L. Seale, and Marian Seale Freeland, f/k/a Marian E. Seale 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. 200 Regular City Council Meeting September 23, 1999 Page 201 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 Daniel K. Seale, Kathleen N. Seale Withers, f/k/a Kathleen L. Seale, Carolyn A. Seale, Victoria L. Seale, and Marian Seale Freeland, f/k/a Marian E. Seale BE offered through the Right -of -Way Department of the City of Lubbock the amount of $27,300 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 23rd day of September, 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. 6501. RESOLUTION NO. 6502 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: 201 Regular City Council Meeting September 23, 1999 Page 202 PARCEL NO. OWNER'S NAME AMOUNT 1 RR 24 David Haralson, a/k/a $17,000 David W. Haralson and wife, Judy Haralson a/k/a Judith K. Haralson SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcel of land being David Haralson, a/k/a David W. Haralson and wife, Judy Haralson a/k/a Judith K. Haralson BE offered through the Right -of -Way Department of the City of Lubbock the amount of $17,000 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 23rd day of September, 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. 6502. RESOLUTION NO. 6503 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: 202 Regular City Council Meeting September 23, 1999 Page 203 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT IRR-25 John Lara and wife, Louisa Lara $23,000.00 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. SECTION 4. THAT the owner of the above -described parcel of land being John Lara and wife, Louisa Lara BE offered through the Right -of -Way Department of the City of Lubbock the amount of $23,000 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 23rd day of September, t999. /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. 6503. RESOLUTION NO. 6504 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: 203 Regular City Council Meeting September 23, 1999 Page 204 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT IRR-27 Tracy Allan Taylor & Veterans $8,050.00 Land Board of the State of Texas SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being Tracy Allan Taylor & Veterans Land Board of the State of Texas BE offered through the Right -of - Way Department of the City of Lubbock the amount of $8,050 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 23rd day of September, 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. 6504. 204 Regular City Council Meeting September 23, 1999 Page 205 RESOLUTION NO. 6505 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT IRR-43 Commodity Export Corporation $27,200.00 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. SECTION 4. THAT the owner of the above -described parcel of land being Commodity Export Corporation BE offered through the Right -of -Way Department of the City of Lubbock the amount of $27,200.00 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 23rd day of September, 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 205 Regular City Council Meeting September 23, 1999 Page 206 A copy of Exhibit "A" is filed with Resolution No. 6505. RESOLUTION NO. 6506 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 1 RR 51 Robert E. Green $16,125.00 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. SECTION 4. THAT the owners of the above -described parcel of land being Robert E. Green BE offered through the Right -of -Way Department of the City of -- Lubbock the amount of $16,125 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. 206 Regular City Council Meeting September 23, 1999 Page 207 Passed by City Council this 23rd day of September, 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. 6506. These six parcels of right-of-way are needed for the railroad route around West Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 1 RR 5 - Daniel K. Seale, Kathleen N. Seale Withers F/K/A Kathleen L. Seale, Carolyn A. Seale, Victoria L. Seale, and Marian Seale Freeland F/K/A Marian E. Seale; 1 RR 24 - David W. Haralson and Judith K. Haralson; 1 RR 25 - John Lara and Louisa Lara; 1 RR 27 - Tracy Allen Taylor and Veterans Land Board of the State of Texas; 1 RR 43 - Commodity Export Corporation; and 1 RR 51 - Robert E. Green. Parcels 1 RR 5, 1 RR 24, 1 RR 25, and 1 RR 27 were appraised by Merle Blosser, Parcel 1 RR 43 was appraised by Jim Bowman, and parcel 1 RR 51 was appraised by Tommy Cantrell. All appraisals were reviewed by Jimmy Goddard or a TxDOT representative. Parcel 1 RR 5, a farm property, contains 4.17 acres and was appraised for a total offer of $27,300; $17,500 was the value placed on the land and $9,800 was the value placed on the damages. 1 RR 24, a residential acreage, contains .66 acres and was appraised for a total offer of $17,000; $1,650 was the value placed on the land and $15,350 was the value placed on the damages. 1 RR 25, a residential acreage, contains .65 acres and was appraised for a total offer of $23,000; $1,625 was the value placed on the land and $21,375 was the value placed on the damages. 1 RR 27, a residential acreage, contains .67 acres and was appraised for a total offer of $8,050; $1,670 was the value placed on the land and $6,375 was the value placed on the damages. 1 RR 43, a farm property, contains 5.52 acres and was appraised for a total offer of $27,200; $5,934 was the value placed on the land and $21,266 was the value placed on the 207 Regular City Council Meeting September 23, 1999 Page 208 damages. Parcel 1 RR 51, a business property, contains 1.91 acres and was appraised for a total offer of $16,125; $13,400 was the value placed on the land and $2,725 was the value placed on the damages. These resolutions ask 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. (19.) Resolution No. 6507 authorizing the Mayor to execute on behalf of the City of Lubbock a contract change notice No. 2, and any associated documents, for the HIV prevention contract, by and between the City of Lubbock and the Texas Department of Health. RESOLUTION NO. 6507 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock a Contract Change Notice No. 02, and any associated documents, for the HIV Prevention Contract, by and between the City of Lubbock and the Texas Department of Health, which Contract Change Notice No. 02 is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 23rd day of September, 1999. Is/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ To Camden Tommy Camden Public Health Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Contract Change Notice No. 02 is filed with Resolution No. 6507. The change in this contract specifies that the Performing Agency (Lubbock City Health Department) shall provide an estimated 1,200 prevention contacts which involve one-on-one interaction between a counselor and client. This is a reasonable and attainable specified goal set by the Texas Department of Health (TDH). The original Texas Department of Health TDocument mand approvedshortly 2000 was awarded August 1998by DH thereafter by the City Council. The contract period began January 1, Regular City Council Meeting September 23, 1999 Page 209 1999 and runs through December 31, 1999. No other changes are requested and current funding of $45,000 is not affected. Without the Texas Department of Health contract, the City of Lubbock Health Department would not be able to fulfill a segment of the prevention aspect of the Core Missions of Public Health. Therefore, staff recommended approval of this resolution. (20.) Resolution No. 6508 authorizing the Mayor to approve an application for a state administered, federally financed Speed Selective Traffic Enforcement grant (Speed Step). RESOLUTION NO. 6508 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 an directed to execute for and on behalf of the City of Lubbock, a Grant Agreement, between the City of Lubbock and the State of Texas, for the Texas Highway Traffic Safety Program, for speed selective traffic enforcement program, a copy of which is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Copuncil shall constitute and be a part of this Resolution as if fully copied herein in detail. The City Council hereby agrees to a cash match of $44,999.68, from the City, to fund 50% of the project, as required by the State of Texas in order to be eligible to receive such State and federal assistance. Passed by City Council this 23rd day of September, 1999. 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 /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Grant Agreement is filed with Resolution No. 6508. This is a grant utilizing off duty personnel working overtime to enhance the enforcement of posted speed limits within the City of Lubbock. Awards for this grant have been set beginning October 1, 1999 and ending September 30, 2000, upon approval of the City Council. This is a 50-50 funded grant in the amount of $89,999.36. To cover the City's share of this package, $45,000 has been approved in the upcoming budget. The account number is 5735.8404. The Lubbock Police Department recommended the approval of this grant proposal. 209 Regular City Council Meeting September 23, 1999 Page 210 (21.) Resolution No. 6509 authorizing the Mayor to execute a supplemental agreement with the Federal Aviation Administration for the Outer Marker site for Runway 17R. RESOLUTION NO. 6509 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 Supplemental Agreement #1 for Outer Marker site for Runway 17R, by and between the City of Lubbock and Federal Aviation Administration and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 23rd day of September, 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 Supplemental Agreement #1 is filed with Resolution No. 6509. The Federal Aviation Administration operates a navigational aid called an Outer Marker at a site just north of Lubbock International Airport. The Outer Marker is one component of an Instrument Landing System (ILS) that provides precision guidance to aircraft approaching the airport from the north. In accordance with federal requirements, the city leases the land for the Outer Marker site and subleases it to the FAA at no cost. The City's lease with the landowner has another five years remaining before it expires. However, the City's sublease agreement with the FAA will expire at the end of this month. The FAA has requested a five-year extension of its agreement so that it will run concurrently with the City's primary lease on the property. The lease amendment is in the form of a supplemental agreement that will modify the existing sublease. The Outer Marker site is a 0.12-acre tract located 3.3 miles north of the end of Runway 17R inside the City of New Deal. The supplemental agreement will run through September 30, 2004. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval. 210 Regular City Council Meeting September 23, 1999 Page 211 (22.) Resolution No. 6510 authorizing the Mayor to execute a lease with the Federal Aviation Administration for the Contract Weather Observer Station (FCWOS) at the airport. RESOLUTION NO. 6510 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement for Contract Weather Observer Station (FCWOS) at the airport, by and between the City of Lubbock and Federal Aviation Administration and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 23rd day of September, 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 Lease Agreement is filed with Resolution No. 6510. The Federal Aviation Administration operates a Federal Contract Weather Observation Station (FCWOS) at Lubbock International Airport. The FCWOS provides supplemental weather information in support of the mission of the Lubbock Air Traffic Control Tower and TRACON. The FCWOS has been operating at the airport for approximately four years in space leased by the National Weather Service (NWS). The NWS lease will expire on September 30, 1999, and the FAA has requested a new lease for the FCWOS. As under the current NWS lease, the FCWOS will be located in the Executive Terminal on the east side of the airport. However, the FCWOS is a much smaller operation than the NWS, and requires much less space. Accordingly, the lease space will be reduced from an office suite of approximately 2,200 square feet to a single office of 192 square feet. The space not required by the FAA will be leased to another tenant. The proposed lease rate is $7 per square foot per year and will generate $1,344 annually. The proposed term is for five years and gives the FAA the right to terminate the agreement on 30 days' notice. 211 Regular City Council Meeting September 23, 1999 Page 212 The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval. (23.) Resolution No. 6511 authorizing the Mayor to execute a lease with the Federal Aviation Administration for Multiple Instrument Landing System (MALSR/ILS) for Runway 26. RESOLUTION NO. 6511 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement for MALSR/ILS for Runway 26, by and between the City of Lubbock and Federal Aviation Administration and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 23rd day of September, 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 Lease Agreement is filed with Resolution No. 6511. The Federal Aviation Administration operates a Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) and an Instrument Landing System (ILS) for Runway 26 at Lubbock International airport. The MALSR and ILS provide guidance to aircraft approaching the airport from the east. In accordance with federal requirements, the city provides the land for the MALSR and ILS equipment sites to the FAA at no cost. The City's lease agreement with the FAA for these facilities will expire at the end of this month. The FAA has proposed a new lease agreement that would have a one-year initial term and that would be renewable annually thereafter through September 30, 2014. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval. (24.) Resolution No. 6512 authorizing the Mayor to execute a maintenance agreement with Texas Department of Transportation (TxDOT) for landscaped areas on intersections of South Loop 289. 212 Regular City Council Meeting September 23, 1999 Page 213 RESOLUTION NO. 6512 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock a contract and any associated documents for maintenance of four (4) South Loop 289 turnarounds by and between the City of Lubbock and the Texas Department of Transportation, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 23rd day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kavthie 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 Contract is filed with Resolution No. 6512. During the May 13, 1999 City Council Meeting, the City Council authorized the Mayor to execute an agreement with the Texas Department of Transportation (TxDOT) for maintenance of four South Loop 289 turn-arounds. The Mayor executed the documents and staff forwarded the agreement to TxDOT. However, TxDOT's new project coordinator for the South Loop 289 improvements project requested a more detailed maintenance agreement. City staff agreed with TxDOT that a more detailed document would be mutually beneficial for all parties involved. The Texas Department of Transportation will be renovating four intersections at South Loop 289 over the next two years. Those four intersections are Slide Road, Quaker Avenue, Indiana Avenue, and University Avenue. The renovations will include adding or enhancing existing turn-arounds to relieve congestion as well as providing for aesthetic improvements through landscaping such as trees, irrigation, grass, brick pavers, etc. By improving a major corridor in Lubbock, this project will add significantly to Lubbock's Image Campaign. Unless a maintenance agreement is reached with the City of Lubbock, the Texas Department of Transportation (TxDOT) will maintain these intersections as if they were concrete only. The maintenance agreement will ensure that the landscaping becomes a reality. A basic level of maintenance will cost the City approximately $38,000 annually. This 213 Regular City Council Meeting September 23, 1999 Page 214 will include litter abatement, adding seasonal color to the beds, mowing and tree pruning and utility costs associated with irrigation, etc. The full impact of maintaining all four intersections will be realized in FY 2001-02. Councilman Ince is working with private businesses to sponsor each quadrant of the intersections to enhance the quantity of flowers and shrubs. As these intersections are "sold" in the coming months, individual maintenance agreements will be brought before Council. Staff recommended that Council authorize the resolution to approve a maintenance agreement with Texas Department of Transportation for the landscaped areas at the intersections of the South Loop 289 that are being renovated and to authorize the Mayor to execute the necessary contract documents. (25.) Resolution No. 6513 authorizing acceptance of water and sanitary sewer improvements for Estacado Village to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6513 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 99 TO 122, SOUTH HAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 99-122, South Haven 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 $54,969.26 with the improvements constructed by Utility Contractors of America having a value of $39,977.75 as determined by the unit prices established by said Chapter 28, and $1,205.29 cash paid to the City, which amount includes $ -0- cash for adjacent lines, with the developer, to receive a refund of $21,062.99 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 the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $21,062.99 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. 214 Regular City Council Meeting September 23, 1999 Page 215 Passed by City Council this 23rd day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $153,429.27 and has a value of $144,143.05 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $9,286.21 that includes $1,487.86 for adjacent mains. The developer, Americas Preferred Home, Austin, Texas, will receive a refund of $20,257.24 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 16th Street and Norfolk Avenue. Staff recommended acceptance of the improvements. (26•) Resolution No. 6514 authorizing a change order for improvements at the Water Reclamation Plant. RESOLUTION NO. 6514 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock a Change Order to a contract (Bid #98281) for Southeast Water Reclamation Plant improvements (Digester No. 9) by and between the City of Lubbock and Red River Construction Co., Inc., which Change Order is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. 215 Regular City Council Meeting September 23, 1999 Page 216 Passed by City Council this 23rd day of September, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Change Order is filed with Resolution No. 6514. This change order is necessary to replace or repair components in Digester No. 9 as part of the improvements to the Water Reclamation Plant. Specific improvements include the repair and coating of the digester lid, and repair and replacement of the gas mixing wells. It was not possible to determine the extent of the necessary repairs until after the digester had been drained and cleaned. The change order amount is $171,870.97, which is 13.3% of the original contract amount of $1,294,500. Previous change orders totaled $23,138.99, or 1.8 %. Total change orders to date, including the proposed change order, are $195,009.96 or 15.1 % of the original contract amount. Thus, the new contract amount is $1,489.509.96. The project is funded from the Digester 8 and 9 Rehab capital project (account no. 233-9471). It is Phase 2 of the project. A total of $3,700,000 was budgeted for both phases. Phase 1 was completed for a total cost of $2,309,527.25. The budget for Phase 2 (i.e., Digester 9 Rehab) was $1,100,000. Funds for the change order will be from the Major Capital Equipment Replacement project (account No. 233-9229) that was to be used to purchase two subsurface sludge application machines for the Land Application Site. These funds will not be needed for that purpose due to the near impossibility of obtaining a sludge application permit and the need to complete digester repairs before sludge suitable for land application can be produced. Staff recommended approval of the change order. (27.) Ordinance No. 10198 amending Chapter 28 of the Code of Ordinances of the City of Lubbock with regard to updating septic hauler load fees (first reading). 216 Regular City Council Meeting September 23, 1999 Page 217 ORDINANCE NO. 10198 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. In 1989, septic hauler load fees were implemented as part of an equitable _ system of user charges designed to ensure that each septic hauler pays its share of the cost of monitoring, processing, testing, and treating domestic septic tank waste disposed of at the Southeast Water Reclamation Plant. A majority of this waste is generated from outside Lubbock's city limits by non -rate paying entities. As a result of an internal review of all wastewater fees, staff has determined that septic hauler load fees should be increased to $35 per load plus $0.14 per 100 gallons over 750 gallons in order to recover the actual costs associated with administering this program. The increase is expected to generate approximately $24,000 more revenue next year. This fee increase matches the expense to the proper user, lessening the burden to the residential rate payer. Staff recommended the passage of this ordinance. (28.) Joint Resolution No. 6520 of the City Council of the City of Lubbock, the County Commissioners of Lubbock County, and the Board of Trustees of Lubbock Independent School District to adopt guidelines and criteria for commercial tax abatement agreements in accordance with the Property Redevelopment and Tax Abatement Act. This item was moved from Consent to Regular Agenda and was considered following Item No. 36. JOINT RESOLUTION NO. 6520 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT TO ADOPT GUIDELINES AND CRITERIA FOR COMMERCIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, there have been created three enterprise zones within the areas under the jurisdiction of the City of Lubbock, the County of Lubbock and the Lubbock Independent School District; and WHEREAS, in October/November of 1997, each of the above described entities approved uniform guidelines and criteria for the application of incentives within the designated enterprise zones; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT: 217 Regular City Council Meeting September 23, 1999 Page 218 THAT the City Council of the City of Lubbock, the County Commissioners of Lubbock County and the Board of Trustees of Lubbock Independent School District hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for Commercial Projects within the designated City of Lubbock Enterprise Zones, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon expiration of the previously approved guidelines. THAT this Resolution in no manner effects additional local incentives which may be added or deleted by the various governing bodies during the life of the enterprise zones as required to obtain the best possible mix of incentives to insure the success of the enterprise zone program. Passed by City Council this 23rd day of September, 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/Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice Passed by the Lubbock County Commissioners this 1 I' day of October, 1999. /s/ Tom Head TOM HEAD, COUNTY JUDGE ATTEST: /s/ Doris Ruff Doris Ruff, County Clerk Passed by Board of Trustees of Lubbock Independent School District this 14°i day of October, 1999. /s/ Mark Griffin MARK GRIFFIN, PRESIDENT ATTEST: /s/ Roy T. Grimes Roy T. Grimes, Secretary A copy of Exhibit "A" is filed with Resolution No. 6520. 218 Regular City Council Meeting September 23, 1999 Page 219 The criteria and guidelines for commercial tax abatement, by law, must be readopted every two years. The current guidelines were adopted by the City Council on October 9, 1997 after extensive meetings between the City, County, Lubbock ISD, and Market Lubbock, Inc. City staff is recommending minor administrative and cleanup changes to the guidelines and no major policy revisions. Listed below are the City staff recommended revisions: Commercial Tax Abatement Guidelines ❑ Merge sections that include duplications ❑ Correct and reorder sections ❑ Remove hotel/motel accommodations from ineligible property list. The majority of the changes recommended in these guidelines are administrative cleanup and will not impact Market Lubbock, Inc.'s flexibility or ability to negotiate with prospects. Market Lubbock, Inc. approved the adoption of the Commercial Guidelines, with the recommended revisions changes, at its September 8, 1999 board meeting. Staff concurred with Market Lubbock, Inc. for approval of the Guidelines and Criteria for Commercial Tax Abatement agreements. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass Resolution No. 6520 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Ince voted Nay. The next item considered was Item No. 31. (29.) Joint Resolution No. 6515 of the City Council of the City of Lubbock, the County Commissioners of Lubbock County and the Board of Trustees of Lubbock Independent School District to adopt Guidelines and Criteria for Industrial Tax Abatement Agreements in accordance with the Property Redevelopment and Tax Abatement Act. JOINT RESOLUTION NO. 6515 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT TO ADOPT GUIDELINES AND CRITERIA FOR INDUSTRIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, in October/November of 1997, Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County were approved; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; 219 Regular City Council Meeting September 23, 1999 Page 220 NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT the City Council of the City of Lubbock, the County Commissioners of Lubbock County and the Board of Trustees of Lubbock Independent School District hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon expiration of the previously approved guidelines. Passed by City Council this 23rd day of September, 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: Is/Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice Passed by the Lubbock County Commissioners this tth day of October, 1999. /s/ Tom Head TOM HEAD, COUNTY JUDGE ATTEST: /s/ Doris Ruff Doris Ruff, County Clerk Passed by Board of Trustees of Lubbock Independent School District this 14' day of October, 1999. /s/ Mark Griffin MARK GRIFFIN, PRESIDENT ATTEST: /s/ Roy T. Grimes Roy T. Grimes, Secretary A copy of Exhibit "A" is filed with Resolution No. 6515. 220 Regular City Council Meeting September 23, 1999 Page 221 The criteria and guidelines for industrial tax abatement, by law, must be readopted every two years. The current guidelines were adopted by the City Council on October 9, 1997 after extensive meetings between the City, County, Lubbock ISD, and Market Lubbock, Inc. City staff is recommending minor administrative and cleanup changes to the guidelines and no major policy revisions. Listed below are the City staff recommended revisions: Industrial Tax Abatement Guidelines ❑ Merge sections that include duplications ❑ Correct and reorder sections ❑ Add two industry types to target industry list: Warehouse/ Distribution and Corporate Headquarters of a Regional/National Service Center The majority of the changes recommended in these guidelines are administrative cleanup and will not impact Market Lubbock, Inc.'s flexibility or ability to negotiate with prospects. Market Lubbock, Inc. approved the adoption of the Industrial Guidelines, with the changes, at its September 8, 1999 board meeting. Staff concurred with Market Lubbock, Inc. for approval of the Guidelines and Criteria for Industrial Tax Abatement agreements. (30.) Consider sole source purchase and installation of equipment and increase of user license to expand Select -a -Seat ticketing system. The existing Select -a -Seat ticketing system is a computerized ticketing system that was purchased from Lasergate Systems, Inc. of Clearwater, Florida. Lasergate has a contract with the equipment manufacturers for the equipment that interfaces and operates with their software. All work to expand the existing system must be done by Lasergate in order to properly interface and work properly. Expanding the system will allow tickets to be sold at the Coliseum via the ticketing system rather than having to pre -pull tickets off the system. This will provide a much more efficient process in handling ticket sales at the facility. Equipment includes Boca ticket printers, increase in software user license from 32 to 42 users, terminals and the equipment to connect all of the terminals, and installation to inferface with the Select -a -Seat system software. This is a sole source purchase and the cost is $34,634. There are sufficient funds budgeted to cover the cost of this project. Staff recommended Council approve this expenditure to improve Select- a-Seat's capabilities to provide better service. (31.) Bid #99182--Office Supplies, Annual Pricing (Print Shop) This item was moved from Consent to Regular Agenda and was considered following Item No. 28. This bid establishes annual pricing for 122 office supply items stocked by the Print Shop and used by all City Departments. The bid also includes a discount off list price for all non -stock items. Staff recommended bid award to the low bidder as the primary supplier and to the second -low bidder as the secondary supplier. If the primary supplier is unable to 221 Regular City Council Meeting September 23, 1999 Page 222 deliver office supplies when required by the using department, or cannot meet the City's needs, orders will be placed with the secondary supplier. The initial term of the agreement is for one year with and option to renew for up to two additional one-year terms. The low bids are within the Office Supply Inventory budget amount. The low bids are from the following companies: Staples Business Advantage of Irving, Texas (Primary Supplier) $147,088.11 Baker Office Products of Lubbock, Texas (Secondary Supplier) 175,449.47 Betsy Bucy, Director of Finance, presented staff comments. Staff recommended award of the bid to the bidders as indicated on the tabsheet. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to award the bid as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item No. 37. (32.) Resolution No. 6516/13id #99191—Lubbock Power & Light Wadsworth Substation 230 kV Transmission Line (Electric Distribution) RESOLUTION NO. 6516 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 Power & Light Wadsworth Substation 230 kV Transmission Line, by and between the City of Lubbock and Great Southwestern Construction, Inc. of Castle Rock, 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 23rd day of September, 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 222 Regular City Council Meeting September 23, 1999 Page 223 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of September, 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 Great Southwestern Construction, Inc., of the City of Castle Rock, County of Douglas, and the State of Colorado, 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 #99191 - LUBBOCK POWER & LIGHT WADSWORTH SUBSTATION 230 Kv TRANSMISSION LINE - $179,450.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Zheng Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Assistant Secretary /s/ Stacv Macroa CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Great Southwestern Construction, Inc. Bv: /s/ Robert A. Martinez PRINTED NAME: Robert A. Martinez TITLE: President COMPLETE ADDRESS: Great Southwestern Construction, Inc. P. O. Box 849 Castle Rock, Colorado 80104 223 Regular City Council Meeting September 23, 1999 Page 224 This bid involves the construction of a 230 kV -transmission line and the installation of two poles in an existing 138 kV transmission line. The bid is part of a $2.5 million capital project to install a new Plains Co-op substation located at East 42nd Street and Guava Avenue. In addition to providing increased distribution capacity to industrial loads in this area, this substation will provide a third 230 kV transmission interconnection with Southwestern Public Service Company. The low bid is within the Plains Co-op Substation -System Capital Outlay budget amount. The low bid is $179,450 from Great Southwestern Construction Inc. of Castle Rock, Colorado. (33.) Resolution No. 6517/Bid #99197—Lubbock Power & Light Wadsworth Substation Control Building (Electric Distribution) RESOLUTION NO. 6517 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 Power & Light Wadsworth Substation Control Building, by and between the City of Lubbock and All Texas Builders, 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 23rd day of September, 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 23rd day of September, 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 All Texas Builders, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 224 Regular City Council Meeting September 23, 1999 Page 225 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 #99197 - LUBBOCK POWER & LIGHT WADSWORTH SUBSTATION CONTROL BUILDING - $70,871.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Zheng Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Donna Ratliff CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: All Texas Builders, Inc. By: /s/ Tony Ratliff PRINTED NAME: Tony Ratliff TITLE: President COMPLETE ADDRESS: All Texas Builders, Inc. P. O. Box 3486 Lubbock, Texas 79452 This bid involves the construction of a control house for the switchgear and various components of the Wadsworth Substation. The bid is part of a $2.5 million capital project to install a new Plains Co-op substation located at East 42nd Street and Guava Avenue. In addition to providing increased distribution capacity to industrial loads in this area, this substation will provide a third 230 kV transmission interconnection with Southwestern Public Service Company. 225 Regular City Council Meeting September 23, 1999 Page 226 The low bid is within the Plains Co-op Substation -System Capital Outlay budget amount. The low bid is $70,871 from All Texas Builders, Inc. of Lubbock, Texas. (34.) Resolution No. 6518Bid #99201—Maxey Swimming Pool Restroom Facilities Addition (Park Development) RESOLUTION NO. 6518 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 Maxey Swimming Pool Restroom Facilities Addition, by and between the City of Lubbock and Lubbock Building Services 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 23rd day of September, 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 23rd day of September, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: 226 Regular City Council Meeting September 23, 1999 Page 227 BID #99201 - MAXEY SWIMMING POOL RESTROOM FACILITIES ADDITION - $69,600.00 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/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. P. O. Box 65600 Lubbock, Texas 79464 This project involves the construction of a restroom facility within the Maxey Pool complex and is part of the Parks, Recreation, and Open Space Master Plan. The site currently has restrooms that do not meet ADA. The proposed building will have vandal resistant fixtures with the necessary accessibility accommodations. A restroom of the same design as the one constructed at Rodgers Pool will replace the existing restroom facility. The low bid is within the Maxey Pool Restroom-Capital Outlay budget amount. The low bid is $69,600 from Lubbock Building Services of Lubbock, Texas. 227 Regular City Council Meeting September 23, 1999 Page 228 (35.) Bid #99204--Carpet Cleaning Services, Lubbock International Airport, Annual Pricing (Aviation) This bid establishes annual pricing for carpet cleaning at Lubbock International Airport. Approximately 10,750 square feet of carpet will be cleaned each week. The contract term is for one year with an option to renew annually for up to two additional years. The low bidder, Industrial Maintenance and Supply, is the incumbent carpet -cleaning contractor and has been performing satisfactorily under the current contract. The low bid is within the Professional Services budget amount. The low bid is $27,670.50 from Industrial Maintenance and Supply of Wolfforth, Texas. (36.) Resolution No. 6519/Bid #99208—Seed Cart/Air Seeder Lease/ Purchase (Land Application Site) RESOLUTION NO. 6519 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 Seed Cart/Air Seeder Lease/Purchase, by and between the City of Lubbock and Abilene AG Ford New Holland of Abilene, 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 23rd day of September, 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 A copy of the Lease Agreement is filed with Resolution No. 6519. This bid is for a five-year lease/purchase of a seed cart/air seeder used to plant crops for a cattle grazing lease program on the City of Lubbock Wilson Land Application Site. The equipment will be used to plant agricultural crops in a very quick and efficient manner necessary due to the large number of acres to be planted in a short amount of time. 228 Regular City Council Meeting September 23, 1999 Page 229 The low bid is within the Land Application Rent Lease Equipment budget amount. The low bid totals $90,050.95 to be paid over five years from Abilene Ag Ford New Holland, Inc. of Abilene, Texas. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. The next item considered was Item No. 28. REGULAR AGENDA ORDINANCES FOR PASSAGE (37.) Ordinance No. 10170 authorizing the issuance of no more than $26,000,000 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 1999A, and authorizing approval of all necessary documents related to issuance (second and final reading). This item was considered following Item No. 31. ORDINANCE NO. 10170 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999"; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIEN ON AND PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT AND AN ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. On June 10, 1999, City Council approved a resolution to approve and authorize publication of notice of intent to sell and notice of sale, for no more than $26,000,000, in certificates of obligation, for the City of Lubbock's share of Phase II of the North Panhandle Project. In 1996, total project costs were projected to be $92,500,000. Phase II project costs were projected to be $62,000,000. Since then, additional items have been added to the scope of the project that are expected to enhance operations resulting in lower long-term operating costs that are passed on to the City. CRMWA projected an additional funding need of $66,000,000 to complete the project. Due to the passage of time since estimates were prepared and the additional items added to the project, CRMWA and the City of Lubbock agreed to delay the issuance of the certificates to allow sufficient time for a bid process to more precisely identify the true cost of the project. On September 15, 1999, the CRMWA board approved a total project cost of $64,000,000; down from their spring estimate of $66,000,000, of which the City of Lubbock's portion is projected to be approximately $24, 885,000 (including bond issuance costs). 229 Regular City Council Meeting September 23, 1999 Page 230 The first reading of this bond ordinance was approved by the City Council on June 24, 1999. This is the second reading of this ordinance to approve the issuance of bonds for an amount not to exceed $26,000,000 (final amount to be determined during bond pricing on September 22, 1999). CRMWA is scheduled to sell the bonds for all member cities with the exception of City of Lubbock and City of O'Donnell on September 16, 1999. The results of the pricing and additional information about the development of project costs and the nature of the project was presented as a work session item in the September 23, 1999 City Council meeting. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance No. 10170 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC HEARINGS (38.) Ordinance No. 10199 - Zone Case No. 2852 (southeast corner of Brownfield Highway and Upland): Request of Marc Shipton (for S&S Commercial Properties) for a zoning change from T to IHC for a retail and office warehouse out of Section AK, Tracts B, C, B-1, B-3, D, D-1, Block 30 (first reading). ORDINANCE NO. 10199 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2852; A ZONING CHANGE FROM T TO IHC ZONING ON SECTION AK, TRACTS B, C, B-1, B-3, D, D-1, BLOCK 30, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:53 a. in. No one appeared to present the zone change, and no one appeared in opposition. Mayor Sitton closed the hearing at 11:54 a. in. The area proposed for zoning is within the area annexed last January. While the Planning Commission and City Council have not yet adopted an updated Comprehensive Land Use Plan, this request is within an area targeted as commercial on the current Plan. The existing Plan extended policies for commercial and residential, on an unofficial basis, into the areas outside the City although staff had no zoning control until the areas were annexed. Adjacent land uses: North - Brownfield highway South - vacant and residential (proponent lives there) East - residential (and a non -conforming elk herd) West - commercial The request will conform with the Comprehensive Land Use Plan that is currently in draft. The staff has proposed IHC be used for proposed commercial zone cases in the East/West freeway corridor and along the Brownfield Highway. The proposed use should have little effect on traffic. 230 Regular City Council Meeting September 23, 1999 Page 231 The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10199 -- as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (39.) Ordinance No. 10200 - Zone Case No. 2854 (3409 19th Street: Request of Joe D. McKay (for Alan Henry) for a zoning change from R-1 to GO for garden offices on Lots 5 and 6, Block 1, Westlawn Addition (first reading). ORDINANCE NO. 10200 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2854; A ZONING CHANGE FROM R-1 TO GO ZONING FOR GARDEN OFFICES ON LOTS 5 AND 6, BLOCK 1, WESTLAWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:55 a. in. Joe D. McKay appeared on behalf of Alan Henry. No one appeared in opposition. Mayor Sitton closed the hearing at 11:56 a. in. The structure is a leave out within an existing AM zoned area along 19th Street. The GO request will allow only professional offices. Adjacent land uses: North - Texas Tech University South - professional offices East - professional offices West - professional offices The request is consistent with both zoning and Comprehensive Land Use Plan polices. The request should have no adverse effect on traffic in the area. The Planning and Zoning Commission recommended approval of the request. 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. 10200 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal was away from the dais. (40.) Ordinance No. 10201 - Zone Case No. 2857 (north of U. S. Highway 62-82 and east of Olive Avenue: Request of Hugo Reed and Associates (for Auction Systems of Lubbock) for a zoning change from R-1/T to M-2 Specific Use for an automobile impound lot on a portion of land out of Section 25, Block A (first reading). 231 Regular City Council Meeting September 23, 1999 Page 232 ORDINANCE NO. 10201 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2857; A ZONING CHANGE FROM R-1/T TO M-2 SPECIFIC USE FOR AN AUTOMOBILE IMPOUND LOT ZONING ON A PORTION OF LAND OUT OF SECTION 25, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:57 a. in. Terry Holman of Hugo Reed and Associates appeared on behalf of Auction Systems of Lubbock. No one appeared in opposition. Mayor Sitton closed the hearing at 11:58 a. in. The request would expand a facility where damaged vehicles are collected for auction. No wrecking or sales of parts occurs at the site. Adjacent land uses: North - vacant, close to the city limit South - existing vehicle auction East - residential West - vacant The Comprehensive Land Use Plan anticipates IDP or Industrial Park to a depth of 660 feet along the north side of the Idalou Highway within this square mile. The dimension of the existing zoning off the Idalou Highway meets the approximate policy dimensions for IDP. The extended compound lot would carry the industrial zoning 1,600 feet north of the 660-foot policy line. The request requires a minor change to the Plan by extending. Policy for the area now is residential. Zoning policy discussion should consider the impact of this use on the adjacent residential. There was a negative reaction from the neighborhood in the original request. For this expansion, there has been no opposition and several positive letters. A solid perimeter fence would protect the area to the east. The proposal would have little effect on traffic in the area. With all due respect to the existing residential to the east, the prospect of residential in this area north of the Idalou Highway in the near future is remote. Since there is no outcry from the existing adjacent residential and since Auction Systems is proposing a good screening fence to buffer those folks, the staff found no fault with the request. The Planning and Zoning Commission motion to approve does reflect a minor change to the Land Use Plan. The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. That a solid screen fence shall be provided on the perimeter of any developed portion of the lot. 2. That there be no sale of auto parts or portions of wrecked vehicles to the general public. 3. That no vehicle shall be crushed or otherwise destroyed on this parcel. 232 Regular City Council Meeting September 23, 1999 Page 233 4. That no vehicle shall remain on the property for longer than twelve months unless extenuating circumstances are verified to the Director of Planning. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10201 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 10202 - Zone Case No. 2497-B (north of north Loop 289 and east of University: Request of Hugo Reed and Associates (for Warlick Carr for Annie Lou Adams Estate) for a zoning change from R-1 to IHC for manufactured home sales on a portion of land out of Section 11, Block A (first reading). ORDINANCE NO. 10202 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2497-13; A ZONING CHANGE FROM R-1 TO IHC ZONING ON A PORTION OF LAND OUT OF SECTION 11, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:01 p. in. Warlick Carr appeared on behalf of the Annie Lou Adams Estate. David Langston appeared in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 12:06 p. in. The request would accommodate a sales lot for manufactured homes. Adjacent land uses: North - vacant South - Loop 289 East - vacant West - Ex Fab Industries The square mile between the Loop and Kent from University to the railroad tracks on the east is targeted as Industrial Park on the Comprehensive Land Use Plan. Since the Council upheld a Planning Commission denial of a smaller area of land several months ago, the proponent has amended the case in terms of size and zoning district requested. Representatives of Clayton Homes have met with Ex Fab officials and have jointly agreed to the zoning as recommended by the Planning Commission. With the agreement, the discussion by all parties at the Commission meeting was less extensive and far more congenial. Discussion in the previous request involved a long time "vision" for this area as a high tech industrial area versus what is fundamentally a policy zone case within the generic Comprehensive Land Use Plan guidelines. While the desire remains that the high tech area would become a reality, the owner of the property has an opportunity to sell to Clayton Homes. The offer creates a disparity between long-term hopes and an otherwise policy request. 233 Regular City Council Meeting September 23, 1999 Page 234 With the amended request and support of Ex Fab officials, the staff supported the recommendation of the Planning and Zoning Commission subject to the following conditions: 1. IHC limited to the following uses: a. Manufactured home sales facility(ies) b. All C-3 permitted uses C. Hotel or motel d. Wholesale house e. Veterinary office or clinic f. Garden center g. Greenhouse or plant nursery 2. For any manufactured home sales facility other than the Clayton Homes lot, a site plan shall be reviewed by the Planning Commission with notice to adjacent owners, and the new facility shall conform with the intent outlined in #3 below. 3. The Clayton facility shall be developed consistent with graphics included in the Zone Case 2497-B file. 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. 10202 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (42.) Ordinance No. 10203 - Zone Case No. 2658-E (south of 50th Street between Elgin and Gary): Request of Hugo Reed and Associates (for Mike Lewis and Boardwalk Real Estate) for a zoning change from C- 3 Specific Use to A-2 for apartments on Tracts F, G, H and Tract E, Boardwalk Addition (first reading). ORDINANCE NO. 10203 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-E; A ZONING CHANGE FROM C-3 SPECIFIC USE TO A-2 ZONING ON TRACTS F, G, H AND TRACT E, BOARDWALK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:07 p. m. Terry Holman of Hugo Reed and Associates appeared on behalf of Mike Lewis and Boardwalk Real Estate. No one appeared in opposition. Mayor Sitton closed the hearing at 12:08 p. m. The property where the Monterey Center was located remains zoned Specific Use for a shopping center that never materialized. Adjacent land uses: 234 Regular City Council Meeting September 23, 1999 Page 235 North - commercial, vacant and Wilkins South - retirement facility and church East - retirement facility West - commercial The request is consistent with both Comprehensive Land Use Plan and zoning policies. For the center portion of this block, apartments will be a good infill project. The space along 50th Street will remain zoned commercial. The proposal should have no serious effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. This proposal will make use of the awkward portion in the center of the tract. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10203 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (43.) Ordinance No. 10204 - Zone Case No. 2859 (1614, 1616, 1622, 1628, and 1634 Main: Request of Hugo Reed and Associates (for Robert Corcorran) for a zoning change from C-3 to C4 on the east one half of Lot 18 and Lots 19-24, Block 134, Overton Addition (first reading). ORDINANCE NO. 10204 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2859; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON THE EAST ONE HALF OF LOT 18 AND LOTS 19-24, BLOCK 134, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:09 p. in. Terry Holman of Hugo Reed and Associates appeared on behalf of Robert Corcorran. No one appeared in opposition. Mayor Sitton closed the hearing at 12:10 p. in. The request is from C-3 to C-4. Adjacent land uses: North - commercial South - commercial East - commercial West - commercial The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. C-4 exists in all directions from this block. The reason the block is C-3 goes back too far to discover. The objective of the owner of a closed restaurant at Main and Avenue O may be the greatest concern for adjacent property owners. Several have expressed concern that a bar might be opened in the structure. The building, being zoned C-4 already, could be opened as a bar today except that the on -site parking requirements cannot be met. If this case 235 Regular City Council Meeting September 23, 1999 Page 236 is expected to solve a parking issue, it will not. The proper forum is either the Zoning Board of Adjustment or an alley closure to combine the lots with the restaurant parcel. Nevertheless, with the property surrounding this parcel being zoned C-4, there should be little objection to the request. If the intention of the owner is to open a bar in the building, the adjacent owners will have their say in a ZBA hearing. The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Ince to pass on first reading Ordinance No. 10204 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (44.) Zone Case No. 2848 (4722 39th Street): Hold a public hearing to consider the appeal of Billy J. York for a zoning change from R-1 to R-2 for duplexes on Lot 7, Block 18, College Heights Addition, and to consider ordinance. Mayor Sitton opened the public hearing at 12:12 p. in. Billy J. York appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 12:26 p. in. The Planning Commission denied this request during the June hearing. Mr. York appealed the case to City Council. The proposal during the first hearing was to place three duplex units on a lot at 39th and Utica. The surrounding area is all zoned single-family, and no duplex units are within 700 feet of the proposed location. The land use maps in Planning indicate two duplex units two blocks to the west lane each on two lots. The Comprehensive Plan reference to duplex zoning is related to using medium density to buffer single-family from commercial or other adjacent uses including apartments, churches, or schools. That condition does not exist at the location proposed by Mr. York. When the staff visited with Mr. York, he was informed that his request would depend greatly on the opinion of adjacent owners. Although the neighbors he talked to indicated support, several reply forms were returned in opposition, causing the staff to recommend denial. An alternative for two duplex units was discussed by the staff, but the Planning Commission opted for denial versus an amended request. The lot is 100 feet wide and 200 feet deep, obviously much larger than the standards of today for a single-family lot. With a public hearing for a replat to smaller lots, Mr. York could (if approved) replat the parcel into four lots that meet the 5,000 square foot minimum. Thus, the proposal by Mr. York for two duplex structures (four units) is equal to the single-family density available with a replat. The primary discussion should remain acceptability to adjacent property owners. The surrounding homes are on lots approximately three times larger than most new platted lots, but that level of density may be the objective of existing owners. On the other hand, Mr. York is proposing to clean up and build on a lot that is not an asset to the area. 236 Regular City Council Meeting September 23, 1999 Page 237 The Council heard a revised proposal from what was first submitted to the Planning Commission (for two duplex units). If Mr. York has changed the opinion of adjacent owners, the density would not hurt the area. Otherwise, the staff recommended upholding the denial. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember McDougal, seconded by Councilmember Ince to send this case back to the Planning and Zoning Commission with the revised proposal. Motion carried: 6 Yeas, 0 Nays. (45.) Ordinance No. 10205 amendment to the Code of Ordinances of the City of Lubbock to amend the IHC (Interstate Commercial) District providing for a conditional use allowing "Outdoor markets, limited to farm products, new merchandise, and collectibles" (first reading). ORDINANCE NO. 10205 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-19.3 ENTITLED "CB-4 CENTRAL BUSINESS DISTRICT" TO ADD A CONDITIONAL USE AT SECTION 29-19.3(d)(2), FOR OUTDOOR MARKETS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:32 p. in. No one appeared to speak at the hearing. Mayor Sitton closed the hearing at 12:33 p. m. Recently, several persons have contacted Jim Bertram about the possibility of having outdoor booths for the sale of novelty items or crafts in the Depot District. One of the successes in Lubbock for having less "clutter" in commercial districts has been the requirement that all business be conducted inside a building. The flea market atmosphere is not normally considered an asset to a commercial area. The staff visited with representatives from the Depot District and has proposed an amendment to the Interstate Commercial District that will benefit several groups. For a number of years, various organizations have tried to cultivate a successful farmers market in Lubbock. Being seasonal and volume of customers seems to make the efforts difficult. The current market on South Plains Fair property is operating as a "temporary land use" approved by the ZBA. This proposal would allow them to become a permanent operation. As proposed, the outdoor sales will be a conditional use considered by the ZBA with a public hearing. The sale items will be limited to farm products, new merchandise, and collectibles. Although the ability will exist for any property zoned IHC, the feeling is that the only area where a vendor could make a go of a business, with the limitation on items to be sold, would be in the Depot District. Even in other areas along the Interstate, such outside activities should not create the clutter associated with old style flea markets specializing in used goods. The Planning and Zoning commission recommended the amendment to the City Council. The staff supported the recommendation of the Planning Commission. 237 Regular City Council Meeting September 23, 1999 Page 238 Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10205 with the following change: deleting "collectibles". Motion carried: 6 Yeas, 0 Nays. STRATEGIC PLANNING (46.) Resolution No. 6521 authorizing the Mayor to execute an interlocal agreement with the Lubbock/Reese Redevelopment Authority for governmental services. RESOLUTION NO. 6521 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock an Interlocal Agreement and any associated documents for various governmental services by and between the City of Lubbock and Lubbock -Reese Redevelopment Authority, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 23rd day of September, 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 Interlocal Agreement is filed with Resolution No. 6521. The Lubbock/Reese Redevelopment Authority (LRRA) requested that the City of Lubbock consider providing certain governmental services to LRRA through an interlocal agreement. The scope of services includes water utilities and street maintenance, solid waste and fire prevention and suppression. Water utilities and street maintenance will be performed on a work order basis with full cost recovery. Solid waste services will be provided at the same rates charged within the city. Fire prevention services will be provided for an annual fee of $13,828. Fire suppression services will be provided for $3,384 per response, the Fire Department's average cost of response within the city. Fire response times will be more lengthy than those in the city. 238 Regular City Council Meeting September 23, 1999 Page 239 The proposed agreement is for one year with early termination by either party with thirty days written notice. Bob Cass, City Manager, presented staff comments. Staff recommended City Council approval of the resolution. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass Resolution No. 6521 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS (47.) Consider an ordinance amending the hotel occupancy tax subsection 26-2(b)(2) of the Code of Ordinances of the City of Lubbock (first reading). This item was deleted. (48.) Consider a resolution authorizing the Mayor to execute an agreement between the Texas Aviation Heritage Foundation, Inc. (TAHFI) and the City of Lubbock to operate and lease the Silent Wings Museum. This item was deleted. (49.) Resolution No. 6522 authorizing the Mayor to commit $600,000 local matching funds for a $2,400,000 Texas Department of Transportation (TxDOT) grant for a Transportation Heritage Park (Silent Wings Museum). RESOLUTION NO. 6522 WHEREAS, the training of pilots to fly gliders during World War II was a key in America's victory in World War II; and WHEREAS, Lubbock and the current site of Lubbock International Airport played a key role in training pilots to fly gliders; and WHEREAS, on August 12, 1999, the Lubbock City Council committed a 10 acre site at Lubbock International Airport to assist the Texas Aviation Heritage Foundation, Inc. (TAHFI) in creating a one -of -a -kind world class Texas Transportation Heritage Park (Silent Wings Museum); and WHEREAS, the City of Lubbock and TAHFI need grant funds assistance from the Texas Department of Transportation Enhancement Program to make the Silent Wings Museum a reality; and WHEREAS, a local cash match is needed to secure said grant funds; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock is committed to the development, implementation, construction, maintenance, management and financing of the Silent Wings Museum as a one -of -a -kind world class Texas Transportation Heritage Park at Lubbock International Airport; and THAT the City of Lubbock will commit $600,000.00 as a local match to secure $2,400,000.00 in Transportation Enhancement Program funds upon execution of an acceptable grant agreement with the Texas Department of Transportation. 239 Regular City Council Meeting September 23, 1999 Page 240 Passed by City Council this 23rd day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Managing Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A little over a year ago, the City of Lubbock dedicated ten acres of land for a museum center at Lubbock International Airport. The land will be the site of the Texas Transportation Heritage Park (Silent Wings Museum), a cluster of transportation museums that will be developed over a period of several years and operated by the Texas Aviation Heritage Foundation, Inc (TAHFI). Ultimately, TAHFI intends to create a complete learning center that will include museums, archives, meeting facilities and interactive exhibits. The learning center will focus on the role that transportation has played in the development of Texas and the South Plains Region. TAHFI will eventually be authorized to operate the museums located in Transportation Heritage Park through a license agreement with the City of Lubbock. This agenda item involves approval of the resolution for the first museum in the park. Named the "Silent Wings Museum", it will focus on the story and legacy of the military glider pilots that trained at Lubbock International Airport during World War II. The museum will include approximately 20,000 square feet of exhibit space, an archival center, a workshop, and a small auditorium. This resolution commits the required local cash match, of which 50 percent ($300,000) will be recaptured as a license fee from TAHFI over a twenty year period. If the $2.4M grant is awarded, a City/TAHFI agreement will follow that commits TAHFI to repay $300,000 and to manage and operate the museum. Under the agreement, TAHFI would bear full responsibility for the cost of construction and operation of the museum, and would be required to dedicate all revenues derived from the museum to the on -going operation and maintenance of the facility and the collection that it houses. Ownership of the park, the museum, its artifacts, and any funds dedicated to the preservation of the collection would rest with the City. The license also includes a reimbursement agreement that describes TAHFI's responsibilities as sponsoring entity for a $2.4 million grant that will fund the $3,000,000 total construction cost of the museum and its supporting infrastructure. The City would apply for the grant under M Regular City Council Meeting September 23, 1999 Page 241 the TxDOT Transportation Enhancement Program, and would be responsible for ensuring that all financial and operational commitments are met. The agreement would require TAHFI to reimburse the city for half of the $600,000 local matching share of the project. The initial $600,000 local match to the grant will be from the hotel/motel tax fund. The $300,000 commitment would be raised through TAHFI's fund raising efforts, and would be paid to the City over a 20-year period, interest -free. The City's Legal Department worked on the terms of the agreement with attorneys from TAHFI. Pending final agreement with TAHFI attorneys on conditions of the license agreement, staff felt that using hotel/motel tax revenue, involving an approximate 9:1 leverage, to gain what could become a one -of -a -kind world class visitor attraction is a good investment, and this resolution should be approved. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6522 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (50.) Resolution No. 6523 authorizing the City of Lubbock nomination of five candidates to be placed on the ballot for election to the Lubbock Central Appraisal District Board of Directors. RESOLUTION NO. 6523 WHEREAS, there has been enacted in the State of Texas an Act relating to ad valorem taxation of property (S.B. 621), and this Act applies to and is controlling on the City of Lubbock, Texas, as a taxing unit; and WHEREAS, there is created under the provisions of this Act, a Board of Directors to govern the Appraisal District established by the Act. The City of Lubbock is desirous of nominating candidates to be placed on the ballot for election to this Board of Directors upon the next election as provided by this Act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following persons are nominated by the governing body of the City of Lubbock as candidates for positions on the Board of Directors of the Appraisal District created for the County of Lubbock, and that the names of these candidates be submitted to the Chief Appraiser of the Appraisal District by the Mayor to be placed on the ballot for election to such positions at the next election for such purpose. W. B. CRISWELL ARLEE JACKSON LEROY MONTOYA MARLAND RIBBLE RICHARD SPIKES 241 Regular City Council Meeting September 23, 1999 Page 242 Passed by City Council this 23rd day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice The Property Tax Code establishes a selection process for Appraisal District directors. These directors serve two-year terms, with the next term beginning January 1, 2000. The process for election of the Appraisal District directors is not an "election" governed by the Texas Election Code, but an independent procedure which is unique to the property tax system. The Chief Appraiser calculates the number of votes to which each voting taxing unit is entitled and delivers that notice to the appropriate officers of each jurisdiction. The City of Lubbock has received that notice from the Lubbock Central Appraisal District (LCAD). Included in agenda back-up material is a copy of the 1997 calculation of votes for LCAD. There are five directors serving on the LCAD board. Gene Ehler is not available to serve another term on the LCAD Board and the remaining four, W. B. Criswell, LeRoy Montoya, Marland Ribble, and Richard Spikes, are eligible for re-election. Arlee Jackson is recommended for nomination to replace Gene Ehler. LISD supports this recommendation. Mr. Jackson is retired from LISD and served as principal at Isles Elementary and Director of Head Start. He is currently employed with Primerica Insurance and served on the LCAD Appraisal Review Board from 1991-1994. The Council was asked to approve a resolution nominating candidates to be placed on the ballot. After the nominations have been submitted, the selection process is as follows: ♦ Before October 30, the chief appraiser will prepare a ballot listing the candidates and deliver the ballot to each governing body eligible to vote. ♦ Before November 15 each taxing entity will determine its vote by resolution and submit to the chief appraiser. 242 Regular City Council Meeting September 23, 1999 Page 243 ♦ Before December 1 the chief appraiser counts the votes and declares the five candidates with the greatest cumulative number of votes elected. The chief appraiser may resolve a tie by any method of chance. Staff recommended approval Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 6523 as recommended by staff and nominate W. B. Criswell, Arlee Jackson, LeRoy Montoya, Marland Ribble, and Richard Spikes to the Lubbock Central Appraisal District Board of Directors. Motion carried: 6 Yeas, 0 Nays. (51.) Resolution No. 6524 canvassing the returns and declaring the results of the City Special Bond Election held on September 18, 1999. RESOLUTION NO. 6524 A RESOLUTION canvassing the returns and declaring the results of the bond election held September 18, 1999. WHEREAS, an election was held in the City of Lubbock, Texas on the 18' day of September, 1999, for the purpose of submitting certain propositions for the issuance of bonds to the resident electors of the City; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and _ WHEREAS, the returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for each polling place and for early voting, as canvassed and tabulated by this governing body and shown in Exhibit A attached hereto, reflect that the sum of precinct totals "FOR" and "AGAINST" each measure submitted are as follows: PROPOSITION NO. 1 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $17,165,000 FOR STREET IMPROVEMENTS" "FOR" 6,589 votes "AGAINST" 2,244 votes PROPOSITION NO. 2 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $2,160,000 FOR DRAINAGE IMPROVEMENTS" "FOR" 6,929 votes "AGAINST" 1,937 votes PROPOSITION NO. 3 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $3,295,000 FOR TRAFFIC SIGNALIZATION" "FOR" 6,072 votes "AGAINST" 2,763 votes 243 Regular City Council Meeting September 23, 1999 Page 244 PROPOSITION NO. 4 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $14,765,000 FOR PARK IMPROVEMENTS" "FOR" 4.911 votes "AGAINST" 3.891 votes PROPOSITION NO. 5 "THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $475,000 FOR A REGIONAL ARTS CENTER" "FOR" 4.082 votes "AGAINST" 4.655 votes THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That all of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: That it is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit A attached hereto, and, a majority of the electors voting at said election having voted in favor of propositions numbered 1, 2, 3, 4, and 5 the City Council is hereby declared to be authorized and empowered to issue bonds of the City in the amounts and for the purposes stated in said propositions numbered 1, 2, 3, 4 and 3; all as more fully set forth and identified above and in the proceedings ordering said bond election. SECTION 3: That the City Secretary is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit A attached hereto in the election register maintained by the City in accordance with provisions of Section 67.006 of the Election Code. Passed and Approved this 23rd day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary A copy of Exhibit A is filed with Resolution No. 6524. The governing body is required to canvass election results not earlier than the second day nor later than the sixth day after election day. Each Councilmember will be provided with tabulation sheets showing the number of votes cast for each proposition. The resolution will canvass the returns and declare the results of the Special Election for each of the five bond propositions. The City Secretary recommended to Council to adopt the following Special Bond Election results: Regular City Council Meeting September 23, 1999 Page 245 For Against Proposition No. 1 Streets Projects 6,589 2,244 Proposition No. 2 Drainage Projects 6,929 1,937 Proposition No. 3 Traffic Signalization 6,072 2,763 Proposition No. 4 Parks Improvements 4,911 3,891 Proposition No. 5 Regional Arts Center 4,082 4,655 Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass Resolution No. 6524 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 12:48 P. M. COUNCIL RECESSED 1:37 P. M. 1:37 P. M. ATTEST: COUNCIL RECONVENED COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 4 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment: Mayor Pro Tern Ince and Councilmembers Cooke, McDougal and Nelson. Read and approved this _ day of 2000. INDY SI N, MAYOR 245