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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/9/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 9, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 9`b day of December, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:36 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, and Councilmember T. J. Patterson The first item considered was Item 45. CITIZEN COMMENTS Four citizens expressed comments to the Council. They were: Bobbie Snodgrass Joe Bragg Ken Hite Craig Bragg 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 (Police Department; Storm Water Utilities; Transportation Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Lubbock Power & Light; Transportation Department). 8:01 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 2•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Police Department; Storm Water Utilities; Transportation department; Water Utilities). City Council Meeting December 9, 1999 Page 434 (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: Appointments Advisory Board Community Development and Services Board Board of Electrical Examiners Board of Health Millennium Advisory Committee Neighborhood Redevelopment Commission Planning and Zoning Commission Structural Standards Commission (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Lubbock Power & Light, Transportation Department). 9:38 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (5.) Presentation on the name candidates for four lakes and two parks as recommended by the Parks and Recreation Board by Phyllis Jones, Vice Chair of the Parks and Recreation Board. In June 1999, Carter & Burgess, Inc. presented to the City Council a feasibility study to complete the Canyon Lakes System. Among the recommendations was a suggestion to formally name the four lakes that were completed in the 1970s. According to the Park Naming Policy, the Parks and Recreation Board submits three names per facility to the City Council. It is the City Council who ultimately votes on and selects the name for these facilities. A Park Naming Committee, a sub -committee of the Parks and Recreation Board, was formed in August 1999 consisting of Phyllis Jones, Chair; Olga Aguero; Bobbe Crawford; and J.R. Morales. The committee was tasked with the responsibility of generating name candidates for the four Canyon Lakes as well as for two parks. Following is a brief background on the properties to be named: ♦ Canyon Lakes 1, 2, 3 & 6 The original vision for the development of the Canyon Lakes System dates back more than 30 years. The development had its beginning in 1966 when the Yellow House Canyon began to be converted from a dumping ground into a major regional park. Now recognized as one of the largest city -owned regional parks in the country, the 2,000-acre linear system includes four of the originally planned lakes along a six - mile corridor. The Canyon Lakes system also represents one of the largest reclaimed water systems in the country today and it exemplifies a creative use of effluence as the water source for the Canyon Lakes. ♦ 83rd & Grover Avenue Lubbock Land Company (LLC) developed a 2.4-acre park at this location. As part of an agreement between LLC and the City in 1992, following completion of the development the former would maintain the 434 City Council Meeting December 9, 1999 Page 435 property for one year prior to the land being deeded to the latter. The land was deeded to the City on December 16, 1994. The park consists of 4 benches, 56 trees, 1 BBQ grill, 1 trashcan and a walking track. ♦ Horizon West/Westwind The Parks and Recreation Department has a capital project in the amount of $420,600 to begin development of an eight -acre park for these neighborhoods. An additional $277,400 in bond funds will be available over the next five years to assist with development. The Parks and Recreation Department has applied for a state grant for $273,000 to assist in purchasing land above the flood plain and for development. Notification on the grant is expected in December. The committee set the following criteria for the candidates: 1. The person can be deceased or living. 2. The person will have made a significant contribution to the community (land, time, money, programs, etc.). 3. The name should have regional or cultural significance. 4. The name should be important to community. 5. The park could be named after the subdivision in which it is located and a lake could be named after a park that it is adjacent to. In all, thirty-six names were suggested. Of these, twenty-four were _ people. Included in agenda backup are brief biographies for those twenty-four names that were considered. Even though only three names per facility were presented, the Parks and Recreation Board suggested that all of the names be submitted as back up for the City Council. Phyllis Jones, Vice Chair of the Parks and Recreation Board, made a presentation to City Council on the name candidates for four lakes and two parks as recommended by the Parks and Recreation Board. ( 6.) Presentation on the Community Development and Services Board's recommendation for the 2000 2003 Consolidated Plan regarding targeting and the new prioritized needs lists by Nancy Haney, City Staff. The Community Development Department is in the process of writing a new three year Consolidated Plan in compliance with the regulations set out by the U.S. Department of Housing and Urban Development (HUD). The final version of this plan will be submitted to HUD with our 2000- 2001 Annual Action Plan in August 2000. As part of this process, the City must designate new target areas, if the City chooses to target funds. In keeping with the Council directive from 1995, the Community Development and Services Board has studied the eligible areas of Lubbock and has voted to make the following recommendation to Council regarding targeting. It was recommended by the CDSB that the following areas be targeted for the entire 2000-2003 time period covered by the new Consolidated Plan: 435 City Council Meeting December 9, 1999 Page 436 a.) The area one block to the east and to the west of Martin Luther King Boulevard from Regis south to 50' Street b.) The area one block to the east and to the west of I-27 from Regis south to 34' Street c.) The area one block to the east and to the west of Avenue H from I-27 south to 19' Street d.) The area one block to the north and to the south of Clovis Highway from Avenue Q west to Indiana Avenue. For the new Consolidated Plan, HUD is requiring that all cities complete a priority listing of the needs identified by the community. HUD supplies the tables that must be completed. Each identified category and sub -category must be given one of the priority ratings listed below: High: Needed in the Community and City does plan to spend CDBG, HOME, or ESG dollars to meet this need. Medium: Needed in the Community, but the City plans to only spend CDBG, HOME, or ESG dollars if there are dollars left over after addressing all the High needs. Low: Needed in the Community, but the City does not plan to spend CDBG, HOME, or ESG dollars. No Need: This is not a need in the Community. The Community Development and Services Board recommended a priority rating for each category and sub -category. For the categories required by HUD, the CDSB also made a recommendation for estimated spending levels and the numbers of units to be served. The agenda back-up includes the tables and the CDSB's recommendation for each category and subcategory. 10:15 A. M. WORK SESSION RECESSED 10:38 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Becky Garza, Assistant City Secretary Absent: None. Mayor Sitton called the meeting to order at 10:38 A. M. ( 7.) Reverend Jim Gerlt, Pastor of Indiana Avenue Baptist Church, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. 436 City Council Meeting December 9, 1999 Page 437 BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Tony Cardinal (unable to attend) Jone Fisher (unable to attend) Dolores Ontiveroz Citizens Traffic Commission Receiving: Cyril Reasoner Community Development and Services Board Receiving: Karen Worley (unable to attend) Community Relations Commission Receiving: Cynthia Finley Complete Count Committee Receiving: Lola Hyman (unable to attend) Neighborhood Redevelopment Commission Receiving: Henry Huneke Oscar Reyes (unable to attend) Planning and Zoning Commission Receiving: Howard Thrash (unable to attend) CITIZEN APPEARANCES (9.) Presentation of a special recognition to Coach Lewis Kelley, Head Football Coach of Lubbock Estacado High School, for his achievement in winning 200 games at Estacado High School. Coach Kelley has spent 39 years on the sideline as a head coach for the football programs at Estacado and Dunbar High Schools here in Lubbock. The achievement of winning 200 games over the course of a football coaching career is an accomplishment in itself, but to win that many games at one school is exceptional. Coach Kelley uses the platform of football as an opportunity to instill discipline, a strong work ethic, and a sense of accomplishment into the young students he has taught over the years. A special recognition honoring the accomplishment of winning his 200' football game at Estacado High School was given to Coach Lewis Kelley. Kenneth Wallace, Principal, and Greg Sherwood, Athletic Director for Estacado High School were also in attendance. (10.) Presentation of a special recognition to Warden Joe Fernald and Assistant Warden Guillermo De Los Santos of the Montford Unit for their assistance in providing the labor to enhance and beautify the Municipal Coliseum. The Municipal Coliseum recently underwent a facelift whereby the interior of the facility was painted as well as other improvements. Warden Fernald and Assistant Warden De Los Santos were instrumental in providing the labor necessary to make these improvements. This was a tremendous cost saving to the City of Lubbock and its citizens. The warden and his staff have also assisted with the Depot District streetscape project as well as the Buddy Holly Center. Additionally, they constructed the fence at the Windmill Museum. The Mayor presented 437 City Council Meeting December 9, 1999 Page 438 Warden Fernald and Assistant Warden De Los Santos with a gift of appreciation for their work on these community projects. The Mayor, on behalf of the City of Lubbock, presented a gift to Warden Joe Fernald and Assistant Warden Guillermo De Los Santos of the Montford Unit for their willingness in providing the labor for the Coliseum beautification project. (11.) Presentation of a special recognition to former City Councilman Randy Neugebauer, Chair of the Metropolitan Planning Organization and the Ports -to -Plains Corridor Coalition, for his efforts in organizing the recent Ports -to -Plains Summit and for his efforts in obtaining the next phase of funding for the East-West Freeway Project. Randy Neugebauer was instrumental in the organization of the Ports -to - Plains Trade Corridor Summit that was held November 5. Under his leadership, a unified direction for the organization is in place. As chair of the Metropolitan Planning Organization, Randy was also a leader in the effort for the funding of the East-West Freeway project which was recently awarded over $12 million from TxDOT to help make this project a reality. A special recognition honoring his effort in organizing the Ports -to - Plains Summit and in obtaining funding for the East-West Freeway project was given to Randy Neugebauer. (12.) Presentation of a 1999 Texas Municipal League Excellence Award in the area of Communications Program to members of the Public Information and Police Training Academy staff by TML Immediate Past President T. J. Patterson. To enhance police recruiting by reaching more potential candidates, the City began a public information campaign entitled "Nothing but the Best!" - which is the motto of the Lubbock Police Department Training Academy. A multi -part LCN-6 TV series followed two recruits all the way through the grueling 20-week Police Academy, in order to give potential recruits and citizens a better understanding of the intensive training required of Lubbock Police officers. In addition to the TV series, the Public Information Office developed a series of ads, news releases, billboard designs, letters, and posters using the "Nothing but the Best" theme. In February 1999, the largest recruit class since 1989 began the Academy. This is the second time in two years the City of Lubbock has been recognized for a TML excellence award. Awards were presented to Christy Martinez, Mary Gonzales, Jeff Boyd, Tom Goolsby, Jim Green, and I3 11ny Privett, members of te Ca Carter and Sergeant Kevhn Cox lic of Information staff, and Corpora the Police Academy staff. CONSENT AGENDA (Items No. 13-19, 21-36) seconded by Motion was made by Cember Nos 14 and 22 gas recommended Councilmember Nelson to amend Item by Anita Burgess, City Attorney, and Don Vandiver, Assistant City Attorney, and to approve Items 13-19 and Items 21-26 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 438 City Council Meeting December 9, 1999 Page 439 (13.) Approval of the minutes of the Regular City Council Meeting of November 4, 1999 and November 11, 1999. (14.) Ordinance #10222—Relating to granting telecommunications franchises to non -certificated telecommunications providers and regulating the use of public rights -of -way for certificated telecommunications providers within the City (second and final reading). ORDINANCE NO. 10222 AN ORDINANCE OF THE CITY OF LUBBOCK RELATING TO THE ESTABLISHMENT OF A NON-DISCRIMINATORY PROCEDURE FOR GRANTING FRANCHISES AND REGULATING THE USE OF PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY; PRESCRIBING UNIFORM TERMS AND CONDITIONS CONCERNING USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY BY TELECOMMUNICATIONS FRANCHISEES AND CERTIFICATED TELECOMMUNICATIONS PROVIDERS; AND PRESCRIBING THE AMOUNT AND METHOD OF COMPENSATION TO BE PAID THE CITY FOR THE USE OF PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATION SERVICES WITHIN THE CITY BY NON -CERTIFIED TELECOMMUNICATIONS PROVIDERS AND PROVIDING A MISDEMEANOR PENALTY. This item was amended to reflect that the access line fees for the non - certificated telecommunications providers will be the same as the Public Utilities Commission establishes for the certificated telecommunications providers. Said access line fees will be established March 1, 2000. (15.) Ordinance #10223—Relating to emergency management, prohibiting overcharging during a state of emergency or subsequent recovery period, providing for definitions, providing a penalty, providing that provisions be cumulative of other ordinances, providing for severability of provisions, and providing for publication (second and final reading). ORDINANCE NO. 10223 AN ORDINANCE OF THE CITY OF LUBBOCK RELATING TO EMERGENCY MANAGEMENT, PROHIBITING OVERCHARGING DURING A STATE OF EMERGENCY OR SUBSEQUENT RECOVERY PERIOD, PROVIDING FOR DEFINITIONS, PROVIDING A PENALTY, PROVIDING THAT PROVISIONS BE CUMULATIVE OF OTHER ORDINANCES, PROVIDING FOR SEVERABILITY OF PROVISIONS, AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 10224 abandoning and closing a portion of a garbage collection easement located in Lot 34, Winghaven Estates, an addition to the City of Lubbock (6002 Upland Avenue) (first reading). ORDINANCE NO. 10224 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A GARBAGE COLLECTION EASEMENT LOCATED IN LOT 34, WINGHAVEN ESTATES, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 439 City Council Meeting December 9, 1999 Page 440 Winghaven Estates is located west of Upland Avenue at 60' Street in the newly annexed area. When Winghaven Estates was platted, a 25-foot garbage collection easement was dedicated along the south side of Lot 34. Lot 34 is being replatted into smaller lots and this garbage service easement will be closed. An alley will be dedicated to replace this easement area being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (17.) Ordinance No. 10225 abandoning and closing a utility easement in Section 9, Block JS, Lubbock County, Texas (705 Fulton Avenue) (first reading). ORDINANCE NO. 10225 AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT LOCATED IN SECTION 9, BLOCK J-S, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 20-foot utility easement located south of 7' Street between Fulton Avenue and Iola Drive in the Revier Farm Addition area. This easement was dedicated in 1980 to connect the Revier Farm Addition and the Crows Nest Addition with water and sewer lines. Recently, the area in between the two additions was platted and the street and alley areas dedicated in this new addition will now carry the water and sewer lines. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (18.) Ordinance No. 10226 abandoning and closing two drainage easements located in Section 23, Block E, Lubbock County, Texas (6001 Martin Luther King, Jr. Boulevard) (first reading). ORDINANCE NO. 10226 AN ORDINANCE ABANDONING AND CLOSING TWO DRAINAGE EASEMENTS LOCATED IN SECTION 23, BLOCK E, 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 PUBLICATON. This ordinance abandons and closes two drainage easements along the east side of the 6000 Block of Martin Luther King, Jr. (MLK) Boulevard. These two easements were dedicated to the City in 1989 as part of the MLK Boulevard widening project. The area where these two easements are located is being platted into a large acreage tract and a new, larger drainage easement is being dedicated to replace the two easements being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. ..M City Council Meeting December 9, 1999 Page 441 (19.) Ordinance No. 10227 abandoning and closing a 60-foot wide utility easement located in Section 2, Block E, Lubbock County, Texas (301 50`h Street) (first reading). ORDINANCE NO. 10227 AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT RECORDED IN VOLUME 503, PAGE 48 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND LOCATED IN SECTION 2, BLOCK E, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This 60-foot wide utility easement dedicated in 1953 to be closed and abandoned is located south of 50r' Street at approximately Avenue C. The Lyndale Acres Addition has been platted over this easement and it has never been officially closed. Other easements and/or street areas have replaced this area covered by this old utility easement. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (20.) Consider the prices and conditions of sale of Parcels 58350-2-14, 58350-3-12, 3-14 and 3-16 at 1110 6e Street, 1310 and 1314 66'h Street in the McClarty Circle View Addition. This item was deleted. (20.) Ordinance No. 10228 amending Chapter 6, Article V, Electrical Code, by adopting the 1999 National Electrical Code, replacing the 1996 National Electrical Code (first reading). ORDINANCE NO. 10228 AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DUTIES OF THE BUILDING OFFICIAL; AMENDING ARTICLE V OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTING THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE; ESTABLISHING FEES; PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The National Fire Protection Association updates the National Electrical Code every three years in order to recognize new technologies and materials. The revisions also allow correction of requirements that have not been effective. The changes are made through a national consensus process with all portions of the construction and regulatory industry represented. The adoption of the 1999 National Electrical Code will allow our community to use the latest technology while installing electrical equipment in our City. The new code has been reviewed and recommended for approval by the Electrical Board and the Building Inspection Department Staff. 441 City Council Meeting December 9, 1999 Page 442 (21.) Ordinance No. 10229 amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, by repealing Section 2-360; by amending Section 5-6 and Section 5-7 to provide exceptions for helicopter operations; by adding Section 5-12 authorizing the Director of Aviation to issue permits for temporary helicopter operations; by adding Section 5-13 requiring liability insurance (first reading). ORDINANCE NO. 10229 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REPEALING SECTION 2- 360; BY AMENDING SECTION 5-6 AND SECTION 5-7 TO PROVIDE EXCEPTIONS FOR HELICOPTER OPERATIONS; BY ADDING SECTION 5-12 AUTHORIZING THE DIRECTOR OF AVIATION TO ISSUE PERMITS FOR TEMPORARY HELICOPTER OPERATIONS; BY ADDING SECTION 5-13 REQUIRING LIABILITY INSURANCE; PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. Currently, the Code of Ordinances restricts helicopter activity over the City to landings or take -offs at established airports, and emergency operations under the direct control of a law enforcement agency. The ordinances prohibit routine operations at temporary landing sites, and do not provide for the establishment of fixed landing facilities at any place other than an airport. As the use of helicopters has increased in recent years, a number of helicopter operations have been established that are in violation of the Code as it is currently structured. Examples of on -going activities that are prohibited include routine training flights to and from area hospitals conducted by Aero Care, and routine helicopter operations at the Department of Public Safety (DPS) headquarters. Intermittent, non - emergency activity is prohibited as well. This aspect of the Code has compelled the City on several occasions to deny approval for the transportation of dignitaries to landing sites within city limits. The proposed ordinance revisions would establish a permit process that would allow intermittent helicopter landings at temporary sites within the city limits. The changes would also allow for the designation of fixed helicopter landing sites to accommodate existing operations at heli-pads located at area hospitals and at DPS headquarters. Issuance of a permit for a temporary landing site would be subject to review and approval by the Director of Aviation. Designation of fixed helicopter landing sites would be subject to review and approval by the Airport Board. The Airport Board has reviewed the proposed ordinance revisions and recommended approval. Staff also recommended approval. This item was amended to give the City Manager or his designee, in addition to the Airport Board, the authority to authorize the take -off and landing of helicopters at the airport. (22.) Resolution No. 6617 approving the plans or schematics for paving improvements on a portion of 82" Street from Avenue U to U.S. 87 to be included in a paving assessment program. 442 City Council Meeting December 9, 1999 Page 443 RESOLUTION NO. 6617 WHEREAS, the City Council on November 11, 1999, passed Resolution No. 6613 providing for the improvements of portions of a street in the City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the street as named in said Resolution; and WHEREAS, the City Engineer has prepared and filed with the City plans or schematics and standard specifications for such improvements, and the same have been examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the plans or schematics and standard specifications submitted by the City Engineer covering improvements contemplated by said Resolutions BE and the same are hereby approved. Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is the second of five resolutions associated with an assessment program for the construction of paving improvements as follows: 82nd Street from Avenue U East to U. S. Highway 87 The plans for 82nd Street have been prepared by TxDOT, and are available for inspection at their office. Staff recommended approval of this resolution. (23.) Resolution No. 6618 approving an annexation plan required under amendments to the Annexation Act by the 76th Texas Legislature. RESOLUTION NO. 6618 WHEREAS, the 76' Texas Legislature passed Senate Bill No. 89, making substantial changes to the Annexation Act, and WHEREAS, Senate Bill No. 89 requires all Texas cities to adopt an annexation plan on or before December 31, 1999, and 443 City Council Meeting December 9, 1999 Page 444 WHEREAS, the City of Lubbock has no current plans to annex any area for which an annexation plan is required; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock does not currently plan to annex any area for which an annexation plan is required. Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On September 17, 1999, Jim Bertram attended an annexation workshop sponsored by TML and heard Analeslie Muncy, Attorney for Fielding, Barrett & Taylor (Ft. Worth), explain the fallout from passage of S.B. 89. Following are some general notes and some specific follow up that staff will need to take: 1. Between December 31, 1999 and December 31, 2002, a city may continue to annex any non-exempt area that is not included in an annexation plan. 2. "Every city" must adopt an annexation plan by December 31, 1999. If staff do not intend to annex immediately following three years or in the near future (following three years from December 31, 1999) staff still need to adopt a "plan" in the form of a resolution that states, "The City of Lubbock does not intend to annex any land required to be in an annexation plan". Every City with a web site must post its annexation "plan" on the website. 3. Certain areas to be annexed were exempted from the requirement to be in an "annexation plan". The primary ones of interest to us would be: a. An area containing less than 100 "tracts" of land on which one or more residential dwellings are located on each tract. It could have over 100 vacant parcels, as long as less than 100 are occupied by residential dwellings. 444 City Council Meeting December 9, 1999 Page 445 b. An area located inside a closed military installation.( i.e. Reese Center). Only three areas come to mind that staff might want to annex within the next 3 years: ♦ The building debris dumping operation west of LIA fronting I-27 (would become legal non- conforming, but staff might stop expansion unless allowed after ZBA hearing). [Exempt] ♦ Reese Center (only after detailed cost -benefit analysis). [Exempt] ♦ LP&L service leave -out area in Southeast Lubbock. If for any reason staff should decide to annex any non-exempt tract of land, staff have three years of grace; thereafter, a plan is required, with lots of hoops to jump through including a three-year wait from the date the tract is identified in the plan. Pending any future decisions to annex non-exempt areas, passing this resolution will satisfy the requirement to develop a "plan" before the December 31, 1999 deadline. The staff supports passage of this resolution. (24.) Resolution No. 6619 authorizing the Mayor to execute an interlocal agreement between the City and the Lubbock Reese Redevelopment Authority (LRRA) to provide for back-up fire protection services to Reese Center. RESOLUTION NO. 6619 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Contract for Fire Fighting Assistance between the City of Lubbock and the Lubbock Reese Redevelopment Authority, and all related documents. Said Interlocal Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 445 City Council Meeting December 9, 1999 Page 446 Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Halley, Fire Chief APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Interlocal Contract is filed with Resolution No. 6619. The LRRA has contracted for permanent on -site fire protection services with the original Pro-Tec employees. This interlocal agreement would provide the assistance of the Lubbock Fire Department to the LRRA, should it be needed. The agreement provides for reimbursement to the City of Lubbock on a fee per response basis. Also included would be the reimbursement for any personnel that the City needed to call back, to cover our fire stations in the event of a response to Reese Center. Staff recommended approval of this Interlocal agreement. (26.) Resolution No. 6620 authorizing acceptance of water and sanitary sewer improvements for Sunrise Addition, Lots 1-64 to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6620 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 - 64, SUNRISE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 - 64, Sunrise 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 $176,270.98 with the improvements constructed by Utility Contractors of America having a value of $172,814.85 as determined by the unit prices established by said Chapter 28, and $3,456.32 cash paid to the City, which amount includes $ -0- cash for adjacent lines, with Sunrise Development and Construction Ltd., the developer, to receive a refund of $39,419.63 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: .m City Council Meeting December 9, 1999 Page 447 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 $39,419.63 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $176,270.98 and has a value of $172, 814.85 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 $3,456.32 with nothing included for adjacent mains. The developer, Sunrise Development and Construction Ltd. of Lubbock, will receive a refund of $39,419.63 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 109th Street and University Avenue. Staff recommended acceptance of the improvements. (27.) Resolution No. 6621 authorizing acceptance of sanitary sewer improvements for the Sunrise Addition, Lots 1-64 to the City of Lubbock, Lubbock County, Texas. ME City Council Meeting December 9, 1999 Page 448 RESOLUTION NO.6621 A RESOLUTION ACCEPTING SANITARY SEWER SYSTEM IMPROVEMENTS FOR SUNRISE ADDITION, (SEWER MAIN EXTENSION) TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Sunrise 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 $128,290.46 with the improvements constructed by Utility Contractors of America having a value of $125,774.95 as determined by the unit prices established by said Chapter 28, and $2,515.51 cash paid to the City, which amount includes $ -0- cash for adjacent lines, with Sunrise Development and Construction Ltd., the developer, to receive a refund of $102,818.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $ 0.00; and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of 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 $102,818.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice ZIN City Council Meeting December 9, 1999 Page 449 This is a routine acceptance of sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $128,290.46 and has a value of $125,774.95 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 $2,515.51 with nothing included for adjacent mains. The developer, Sunrise Development and Construction Ltd. of Lubbock, will receive a refund of $102,818.00 in accordance with Chapter 28. There is no refund deposit. The subdivision is located at 109th Street and University Avenue. Staff recommended acceptance of the improvements. (28.) Resolution No. 6622 authorizing the Mayor to execute a land use agreement with WWC Texas RSA Limited Partnership for the construction and maintenance of radio antenna and appurtenances on City facilities. RESOLUTION NO. 6622 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 Land Use Lease Agreement between the City of Lubbock and the WWC Texas RSA Limited Partnership the right to construct and maintain radio antenna and appurtenances thereto on tracts of land owned by the City of Lubbock. Said Lease is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A Copy of the Land Use Lease Agreement is filed with Resolution No. 6622. This agreement is for the installation of communication facilities (cell phone antennae) on the elevated storage tank at 50' Street and Joliet Avenue. It is similar to the agreement executed earlier this year with Sprint/Alamosa PCS. The lease term is five years with the Managing Director of Water Utilities having the authority to extend the lease for City Council Meeting December 9, 1999 Page 450 another five-year term. Rental paid by WWC is $7,500 per year with a 20 percent increase after the end of the first term. Staff recommended execution of the agreement. (29.) Resolution No. 6623, No. 6624, No. 6625, No. 6626, No. 6627/Bid #99017 - Primary Vendor Contract for Electrical Utility Inventory Items (Central Warehouse) RESOLUTION NO. 6623 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 Electric Utility Inventory Items, by and between the City of Lubbock and Priester Supply Company of Amarillo, 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 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6623. RESOLUTION NO. 6624 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 Electric Utility Inventory Items, by and between the City of Lubbock and Wesco Distribution, Inc. of Amarillo, 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. EWE, City Council Meeting December 9, 1999 Page 451 Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6624. RESOLUTION NO. 6625 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 Electric Utility Inventory Items, by and between the City of Lubbock and Wesco Distribution, Inc. Secondary Vendor of Amarillo, 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 9th day of December, 1999. ATTEST: /sl Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract is filed with Resolution No. 6625. 451 City Council Meeting December 9, 1999 Page 452 RESOLUTION NO. 6626 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 Electric Utility Inventory Items, by and between the City of Lubbock and Temple, 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 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6626. RESOLUTION NO.6627 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is aerebcontractuthorized Electric and directed to execute for and on behalf of the City of Lubbock Inc. Utility Inventory Items, by and between the City of documbock ents. anSaidecontract is Secondary Vendor of Amarillo, Texas, and related attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 452 City Council Meeting December 9, 1999 Page 453 Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6627. This bid provides for primary vendor contracts to cover the acquisition of 342 inventory items used primarily by Lubbock Power & Light. Twenty-four categories of items include automatic and bolted connectors, lamps and lighting materials, wire and cable, hardware, tools, wood products, and capacitors. These items are necessary for day-to-day operations, emergency maintenance, and construction requirements of LP&L. Items will be ordered from the suppliers as needed and will be stocked in the Central Warehouse for distribution or delivered by the supplier to various job sites as required. The contract term is for a period of two years, beginning January 1, 2000, with an option to extend for up to three additional one-year terms. Under the terms of the contracts, the suppliers will work closely with LP&L and Central Warehouse personnel to determine current and future requirements and ensure scheduled items are available as required. This contract is expected to result in an overall cost savings by providing lower fixed pricing on inventory items and by eliminating lead times associated with individual acquisitions. Additionally, two vendors have agreed to serve as secondary vendors for 22 categories of items. As secondary vendors, they have agreed to honor the pricing quoted in the bid, in the event that the primary vendor is unable to furnish any of the covered items in the time specified in the primary vendor contract. Various operating and capital project budgets will fund orders covered under these contracts. The low bids are from the following companies: WESCO Distribution, Inc., of Amarillo, Texas $573,436.83 Temple, Inc., of Lubbock, Texas $148,291.05 Priester Supply Company of Amarillo, Texas $142,478.88 (30.) Resolution No. 6628/Bid #99229 — Reese Center Sewer Line (Water Utilities) 453 City Council Meeting December 9, 1999 Page 454 RESOLUTION NO. 6628 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 Reese Center Sewer Line, by and between the City of Lubbock and Rinks Lease Service, Inc., of Levelland, 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 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza 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 9th day of December, 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 Rink's Lease Service, Inc., of the City of Levelland, County of Hockley, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99229 - REESE CENTER SEWER LINE - $2,036,429.50 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. 454 City Council Meeting December 9, 1999 Page 455 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/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Dorthy Bownds CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Rink's Lease Service, Inc. Bv: /s/ Kin Middleton PRINTED NAME: Kip Middleton TITLE: Vice President COMPLETE ADDRESS: Rink's Lease Service, Inc. P.O. Box 456 Levelland, Texas 79336 This project will provide city sanitary sewer service to the Lubbock Reese Redevelopment Area (LRRA). Approximately 28,300 feet of 18- inch pipe will be installed from a location near West Loop 289 and 19'' Street. Additionally, 26,600 feet of 4-inch conduit will be installed for use by Texas Tech University to connect their facilities at LRRA with the main campus with a fiber optics communication cable. The cost for the conduit is $206,915 and will be reimbursed by Texas Tech University. The low bid is $2,036,429.50 from Rink's Lease Service of Levelland, Texas and is within the Reese Sanitary Sewer Line budget amount. (31.) Bid #99243 - Flail Shredders (Land Application) This bid is for the purchase of three flail shredders. This equipment will be used by Land Application Site personnel on both the Lubbock and Wilson farms. The flail shredders are necessary for the control of weeds and to maintain both farms. The low bid is $29,166 from Abilene New Holland, Inc. of Abilene, Texas and is within the Land Application Site Capital Outlay/Heavy Movable Equipment budget amount. (31.) Resolution No. 6629/Bid #99260 - West Texas Region Disposal Facility Generator Set & Storage Building (Solid Waste) 455 City Council Meeting December 9, 1999 Page 456 RESOLUTION NO. 6629 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 West Texas Region Disposal Facility Generator Set & Storage Building, by and between the City of Lubbock and Lubbock Building Services, 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 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza 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 9th day of December, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99260 - WEST TEXAS REGION DISPOSAL FACILITY GENERATOR SET AND STORAGE BUILDING - $44,061.00 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. 456 City Council Meeting December 9, 1999 Page 457 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/ Vance Kemler 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. PMB 194, Box 65600 Lubbock, Texas 79464-5600 This project involves the construction of a 12' x 32' block building for storage of site operating and construction records at the West Texas Region Disposal Facility as required by permit and regulation. State and federal regulations require on -site storage of many construction records, operating documents, and environmental testing records. The building will also house a 90 kW generator set for auxiliary power requirements for this remote location. The low bid is $44,061 from Lubbock Building Services, Inc. of Lubbock, Texas and is within the Phase One New Landfill budget amount. (32.) Resolution No. 6630/Bid #99268 - Emergency Generator Upgrade for Municipal Auditorium/Coliseum (Civic Services) RESOLUTION NO. 6630 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 Emergency Generator Upgrade for Municipal Auditorium/Coliseum, by and between the City of Lubbock and Row Wall Electric, 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. 457 City Council Meeting December 9, 1999 Page 458 Passed by City Council this 9th day of December, 1999. ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 9th day of December, 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 Row Wall Electric, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99268 - EMERGENCY GENERATOR UPGRADE MUNICIPAL AUDITORIUM/COLISEUM - $47,559.00 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. 458 City Council Meeting December 9, 1999 Page 459 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Freddy Chavez Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Minnette Rowan CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Row Wall Electric By: /s/ Lynn B. Rowan PRINTED NAME: Lynn B. Rowan TITLE: President COMPLETE ADDRESS: Row Wall Electric P.O. Box 1914 Lubbock, Texas 79408 This bid will provide for the installation of an emergency generator and associated equipment to provide power to the Auditorium and Coliseum in case electric service is disrupted. The current generator is not operable and cannot be repaired to meet Life Safety Codes and therefore must be replaced. The low bid is $47,559 from Row Wall Electric Inc. of Lubbock, Texas and is within the Building Maintenance -Buildings Municipal budget amount. (34.) Bid #99270 - Furnish & Install Production Studio Equipment (Fire Department) This bid provides for the acquisition and installation of production studio equipment which will be used to film training classes for Lubbock Fire Department personnel while enabling those personnel to remain in their service territory. Developing and forwarding customized training tapes will enable each fire station to conduct training on site. This should result in increased attendance and participation while extending the availability of fire services to the citizens of Lubbock. The low bid is $78,328 from Lubbock Audio Visual of Lubbock, Texas, and is within the Fire Department Production Studio budget amount. (35.) Resolution No. 6631/Bid #99279 - Relocation of Existing Flare System and Installation of New Flare System (Solid Waste) 459 City Council Meeting December 9, 1999 Page 460 RESOLUTION NO. 6631 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 Relocation of Existing Flare System & Installation of New Flare System, by and between the City of Lubbock and Westmar, Inc., of Whitesboro, 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 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: _/s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6631. This project involves the relocation of an existing gas flare system from the 78' Street and Quaker landfill to the North Avenue P landfill and the purchase and installation of a new gas flare system at 78`' Street and Quaker landfill. The flare systems are needed to remediate groundwater constituents and landfill gas levels which exceed permit and regulatory limits. The existing gas flare system at the 78' Street and Quaker landfill was leased in 1998 with an option to purchase the system for $35,498, less a sum equal to the number of months for which the monthly rental payments have been made multiplied by $800. The City has exercised the purchase option resulting in a purchase price of $28,298. The purchase of the leased flare is independent of this bid and has already been made. The low bid is $90,000 from WestMar Inc. of Whitesboro, Texas, and is within Groundwater Remediation Project budget amount. (36.) Bid #99297 — Emergency Repair of Landfill Compactor (Fleet Services) This emergency procurement is for the repair and replacement of the engine and transmission in a Caterpillar 816B Scraper. This unit is used in the City's Landfill operation to cover landfill waste. This unit is essential to the landfill operation to avoid possible fines assessed by the Texas Natural Resource Conservation Committee. City Council Meeting December 9, 1999 Page 461 The total cost is $44,500.62 from West Texas Caterpillar of Lubbock, Texas and is within the Equipment Maintenance -Motor Vehicle budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets included in agenda backup, and award of each contract as shown on the resolutions. REGULAR AGENDA PUBLIC HEARINGS (37.) Ordinance No. 10230 - Zone Case No. 1099-D (southwest corner of 501h and Indiana): Hold a public hearing to consider request of Ron Childress (for 50`h and Indiana LLC) for a zoning change from R-1 Specific Use and C-2 Specific Use to C-3 Specific Use on Lot 1, Carraway Addition. ORDINANCE NO. 10230 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1099-D; A ZONING CHANGE FROM R-1 SPECIFIC USE AND C-2 SPECIFIC USE TO C-3 SPECIFIC USE ZONING ON LOT 1, CARRAWAY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:08 a. in. Ron Childress appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:09 a.m. The proposed zone change will clear an old Specific Use Permit and redevelop this entire parcel with a new store and a gas island. The Firestone facility will be the only remaining existing structure. During discussion with the Planning Commission, the proponent and staff recommended that the request be considered within a Specific Use Permit. Because the new building is going to be constructed prior to demolition of the current store, a portion of the dock area is proposed to be within 30 feet of Joliet, versus the standard 43-foot commercial setback for new development. Adjacent land uses: North - commercial South - residential East - commercial West - commercial The proposal is consistent with both Comprehensive Land Use Plan and zoning policy. The Specific Use Permit is tied to only the setback on Joliet, otherwise the redevelopment will be per current C-3 standards. The proposal should not impact the thoroughfare system any more than the current center. The Planning and Zoning Commission recommended approval of the request. 461 City Council Meeting December 9, 1999 Page 462 The Specific Use shall apply to a 30-foot setback for the grocery store building from Joliet. Otherwise the property will operate under normal C-3 guidelines. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10230 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Ordinance No. 10231 - Zone Case No. 2865 (3802-3806 24`h Street): Hold a public hearing to consider request of Lubbock Federal Credit Union for a zoning change from AM to AM Specific Use for a financial institution on Lots 3, 4 and the west 49 feet of Lot 5, Block 1, S.G. Brown Addition. ORDINANCE NO. 10231 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2865; A ZONING CHANGE FROM AM TO AM SPECIFIC USE ZONING FOR A FINANCIAL INSTITUTION ON LOTS 3, 4 AND THE WEST 49 FEET OF LOT 5, BLOCK 1, S.G. BROWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:11 a.m. Melissa Roberts, Chairman of the Board at Lubbock Federal Credit Union appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:12 a.m. The proposed saving and loan is a use listed as Specific Use in the AM district. Adjacent land uses: North - residential South - medical East - residential West - vacant The AM Policy District line is the south alley from 24' Street. Since the parcel is already developed as medical, the transition to a savings and loan will be consistent with both the Comprehensive Land Use Plan and zoning policy. The proposal should have little additional effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke, to pass on first reading Ordinance No. 10231 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MIA City Council Meeting December 9, 1999 Page 463 (39.) Ordinance No. 10232 - Zone Case No. 2866 (5701 19' Street): Hold a public hearing to consider request of Green Lawn Church of Christ for a zoning change from R-2 to A-2 limited to church and church related uses on Tract W, Greenlawn Addition. ORDINANCE NO. 10232 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2866; A ZONING CHANGE FROM R-2 TO A-2 ZONING ON TRACT W, GREENLAWN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:13 a.m. Richard Maefler appeared on behalf of Green Lawn Church of Christ. No one appeared in opposition. Mayor Sitton closed the hearing at 11:14 a.m. In a number of recent cases, the staff has encouraged churches that are legal non -conforming from pre-1975 to process a zone case to be consistent with the current ordinance. Greenlawn is in a similar situation. Adjacent land uses: North - commercial and Restlawn South - Lubbock Christian University East - Lubbock Christian University West - commercial The proposal is consistent with both Comprehensive Land Use Plan and zoning policies. The church is existing. The proposed additions will not affect the thoroughfare system. The Planning and Zoning Commission recommended approval of the request. Limited to a church and church related uses. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10232 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (39.) Ordinance No. 10233 - Zone Case No. 2867 (south of 98`h Street and east of Gary): Hold a public hearing to consider request of Hugo Reed and Associates (for Rothwell Homes) for a zoning change from R-1/T to R-1 Specific Use for garden homes and R-2 Specific Use on a portion of land out of Section 19, Block E-2. 463 City Council Meeting December 9, 1999 Page 464 ORDINANCE NO. 10233 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2867; A ZONING CHANGE FROM R-1/T TO R-1 SPECIFIC USE ZONING R-2 SPECIFIC USE ZONING ON A PORTION OF LAND OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:15 a.m. Terry Holman appeared on behalf of Hugo Reed and Associates. No one appeared in opposition. Mayor Sitton closed the hearing at 11:17 a.m. The proposal will accommodate one block face of duplex construction on the north and garden homes with 20-foot setback on the balance of the property. Adjacent land uses: North - single family South - single family East - single family West - A-2 zoned for the All Saints school The request is consistent with the Comprehensive Land Use Plan and zoning policy. The proposed conditions will allow two development options for the duplex lots. The twenty -foot setback (with less on the cul-de-sac lots) is standard practice for the garden home. The request will have no significant impact on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request. 1. R-1 Specific Use - Use Specific Use section 29-24 (c)(2). a. Setback for cul de sac lots shall be a minimum of five feet, except that front facing garage portions of structures shall not have less than twenty feet of setback. 2. R-2 Specific Use - Use Specific Use section 29-24 (c)(24). a. Front setback may be a minimum of twenty feet if the garage of the structure is accessed from the alley. b. When alley access is used, setback for cul de sac lots shall be a minimum of ten feet. C. Setback for all non-cul de sac lots shall be twenty-five feet if garage access is from the street. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10233 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. M City Council Meeting December 9, 1999 Page 465 (40.) Ordinance No. 10234 - Zone Case No. 2118-V (4905 82°d Street): Hold a public hearing to consider request of ADC, Inc. (for Norwest Bank) for a zoning change from GO to AM Specific Use for a drive- thru teller on Tract P, Lakeridge CC Estates Addition. ORDINANCE NO. 10234 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-V; A ZONING CHANGE FROM GO TO AM SPECIFIC USE ZONING FOR A DRIVE -THROUGH TELLER ON TRACT P, LAKERIDGE CC ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:17 a.m. Lee Ray appeared on behalf of ADC, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:19 a.m. The request would amend a tract now zoned Garden Office to AM Specific Use to provide for a drive-thru ATM and parking in conjunction with an expansion of the Norwest bank. Adjacent land uses: North - commercial South - Lakeridge Golf Course East - Garden Office complex West - commercial The proposal is consistent with the Comprehensive Land Use Plan. As an ATM and parking only, the development on this portion of the bank property is far less then could be done with the existing Garden Office. The private drive from Vicksburg and from 82' Street in the development next door and including this lot (the drive is platted as Tract Q) is called Lakeridge Drive by the owners. It is not a public street. All of the parcels have equal access to the drive. An adjacent business owner noted concern about an increase in traffic on the private drive caused by the new motor bank (on the C-2 property to the north) and the ATM on the parcel in question. The concern about an increase may be true, but the bank could allow access across Tract P from the drive with no construction on the lot. The private drive, if constructed as originally proposed, will connect the shopping center to the west and an increase in traffic would be natural. Thus, that complaint may be accurate but seems moot from the zoning perspective. The adjacent owner also expressed concern about a possible screening wall and the proposed landscape plan. Since a wall is not required and a detailed plan is not usually prepared until a construction permit is requested, the proponent was not ready with answers. To expedite the zone change, yet address the adjacent owner's concern, the Planning Commission approved the request with instructions for the two groups to meet prior to the December 9 City Council hearing. In addition, because of the holiday schedule, the Planning Commission will meet the week before the Council hears this case. The item will be on "other business" for a report. The staff will review the results of that discussion with the Council. 465 City Council Meeting December 9, 1999 Page 466 The Planning and Zoning Commission recommended approval of the request. The staff found no fault with the request as submitted. The private drive issue is between the affected lot owners. Subject to the discussions prior to the Council meeting, the staff supports the recommendation of the Planning and Zoning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10234 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. TRANSPORTATION SERVICES (41.) Ordinance No. 10235 that increases Ordinance No. 10180 for the City of Lubbock Storm Water Capital Projects Fund Budget to provide funding for the pumping of storm water in selected areas of the City (first reading). ORDINANCE NO. 10235 AN ORDINANCE MAKING CHANGES IN THE FY1999-2000 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES AND TO MEET EMERGENCY CONDITIONS CAUSED BY FLOODING. This ordinance increases the budget $619,000. Funds are available in the Undesignated/Unreserved account of the Storm Water Capital Project Fund to purchase the materials and labor necessary to pump storm water from Trinity Church/Sundial Apartment Lake, Miller Park Lake, and a Lakeridge Lake to the Texas Department of Transportation Interstate 27 storm sewer system. The original estimate discussed with Council was for $575,000. This estimate was based on TxDOT's initial approval for the City to discharge into their existing storm sewer at Loop 289 and University Avenue. TxDOT withdrew their approval of this route because of other planned construction in their right-of-way. Therefore, the City will have to do additional work which added $44,000 to the original estimate for a total of $619,000. The timeline for this project is as follows: ➢ 12/16/99 - Bid documentation to Council ➢ 2/16/00 - Expected delivery of materials ➢ 3/1/00 - Expected start date of construction ➢ 6/1/00 - Completion of construction and begin pumping ➢ To be determined - Time to bring lakes down to normal pool elevations Richard Burdine, Assistant City Manager, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10235 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ' Me City Council Meeting December 9, 1999 Page 467 HEALTH AND COMMUNITY SERVICES (42.) Resolution No. 6632 approving the Community Development and Services Board's recommendation for target areas for the 2000-2003 Community Development Consolidated Plan. RESOLUTION NO. 6632 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of Lubbock do hereby direct that the targeted areas for the 2000 - 2003 Community Development Consolidated Plan are approved as stated in attachment A. Passed by City Council this 9`' day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Attachment A is filed with Resolution No. 6632. The Community Development Department is in the process of writing a new three year Consolidated Plan in compliance with the regulations set out by the U.S. Department of Housing and Urban Development (HUD). The final version of this plan will be submitted to HUD with our 2000- 2001 Annual Action Plan in August 2000. As part of this process, the City must designate new target areas, if the City chooses to target funds. In keeping with THE Council directive from 1995, the Community Development and Services Board has studied the eligible areas of Lubbock and has voted to make the following recommendation to Council regarding targeting. It is recommended by the CDSB that the following areas be targeted for the entire 2000-2003 time period covered by the new Consolidated Plan: a.) The area one block to the east and to the west of Martin Luther King Boulevard from Regis south to 50'' Street b.) The area one block to the east and to the west of I-27 from Regis south to 34' Street c.) The area one block to the east and to the west of Avenue H from I-27 south to 19' Street 467 City Council Meeting December 9, 1999 Page 468 d.) The area one block to the north and to the south of Clovis Highway from Avenue Q west to Indiana Avenue. Nancy Haney, Community Development Manager, presented staff comments . The Community Development Department recommended approval. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 6632 with the following amendment to Attachment A: include the area one block east and west of North University from Clovis Highway north to North Loop 289, as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (43.) Resolution No. 6633 approving the Community Development and Services Board's recommendation for the prioritized needs lists for the 2000-2003 Community Development Consolidated Plan. RESOLUTION NO. 6633 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of Lubbock do hereby direct that Prioritized Needs Lists for the 2000 - 2003 Community Development Consolidated Plan are approved as stated in attachment A. Passed by City Council this 9`' day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Attachment A is filed with Resolution No. 6633. The Community Development Department is in the process of writing a new three year Consolidated Plan in compliance with the regulations set out by the U.S. Department of Housing and Urban Development (HUD). The final version of this plan will be submitted to HUD with our 2000- 2001 Annual Action Plan in August 2000. For the new Consolidated Plan, HUD is requiring that all cities complete a priority listing of the needs identified by the community. HUD supplies the tables that must be completed. Each identified category and sub -category must be given one of the priority ratings listed below: City Council Meeting December 9, 1999 Page 469 High: Needed in the Community and City does plan to spend CDBG, HOME, or ESG dollars to meet this need. Medium: Needed in the Community, but the City plans to only spend CDBG, HOME, or ESG dollars if there are dollars left over after addressing all the High needs. Low: Needed in the Community, but the City does not plan to spend CDBG, HOME, or ESG dollars. No Need: This is not a need in the Community. The Community Development and Services Board has recommended a priority rating for each category and sub -category. For the categories required by HUD, the CDSB has also made a recommendation for estimated spending levels and the numbers of units to be served. The agenda back-up includes the tables and the CDSB's recommendation for each category and subcategory. Nancy Haney, Community Development Manager, presented staff comments. The Community Development Department recommended approval. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 6633 with the following amendment: with regard to the Community Needs table, change the Need Level for Public Facilities and Improvements (General) from medium to high, increase the number of units from zero to three, and the estimated dollars from zero to $300,000, reduce the total estimated dollars for Economic Development from $1,230,000 to $930,000, and reduce the number of units from 46 to 32, as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item to be heard was Item 46. MISCELLANEOUS (45.) Resolution No. 6616 creating a Millennium Advisory Committee. This item was heard at 7:30 A.M. RESOLUTION NO. 6616 WHEREAS, Lubbock, Texas and the Llano Estacado are rich in art, architecture, heritage, and history that made this region great, and WHEREAS, the Millennium change to the year 2000/2001 is an excellent opportunity to reflect on art, architecture, heritage, and history, and WHEREAS, the citizens of Lubbock have approved bond funds to construct an outdoor amphitheater and to continue development of the Canyon Lakes in historic Yellowhouse Canyon, and, WHEREAS, other opportunities exist to commemorate the last 100 years of our history and look toward the next 100 years; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: e City Council Meeting December 9, 1999 Page 470 TO create and appoint citizens to a Millennium Advisory Committee with the following guidelines: 1. Recommend ways in which the new amphitheater in Mackenzie Park can become a world class, multi -dimensional facility that meets the needs of numerous user groups and celebrates the new millennium by reflecting the art, architecture, heritage, and history of Lubbock and the Llano Estacado. 2. Recommend at least one project and funding source to commemorate the past 100 years of the art, architecture, heritage, and history of Lubbock and the Llano Estacado. 3. Work closely with City staff and other citizens as needed to make recommendations in a manner that the project(s) for the past 100 years may be completed by December of 2000, and the amphitheater may be completed by December of 2001. 4. The Millennium Advisory Committee shall serve until completion of the aforementioned projects. 5. The Committee will consist of nine members appointed jointly, plus one designated for appointment by each Council member, plus two designated by the Mayor, who will also appoint the Chair. Total membership of the Committee shall be seventeen. Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The voters of Lubbock have already approved funding to construct an outdoor amphitheater in Mackenzie Park. Staff have an opportunity to make this venue a world -class facility that serves our needs for local use and for visitor attraction, but also an opportunity to commemorate the Millennium by showcasing the art, architecture, history, and heritage of Lubbock and the Llano Estacado. In addition, the Millennium Advisory Committee could recommend a project to honor our past 100 years of progress. Both projects could become a great source of pride and help our Visitors and Convention Bureau with additional venues to attract visitors. W11 City Council Meeting December 9, 1999 Page 471 Staff recommended approval of this resolution and early appointment of Millennium Advisory Committee members. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 6616 with an amendment to allow 17 members to be appointed to the Millennium Advisory Committee as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. (46.) Resolution No. 6634 giving Notice of Intent to enter into a tax abatement agreement with U.S. Distribution Center, L.L.C. This item was considered following Item 44. RESOLUTION NO. 6634 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with U.S. Distribution Center, L.L.C.; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" hereof of the intention of the City Council to enter into a Tax Abatement Agreement with U.S. Distribution Center, L.L.C., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 5801 Martin Luther King Jr. Boulevard in the City of Lubbock, Lubbock County, Texas and further described as a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 89°36' East, a distance of 2030.50 feet to a 3/ " iron pipe found at a corner of this tract; THENCE North 00°40' West, a distance of 14.39 feet to a 1/2" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; THENCE North 89°56'24" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast corner of this tract; THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to a 1/2" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; 471 City Council Meeting December 9, 1999 Page 472 THENCE South 89°23'41" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract One (1), Jarvis -Williamson Addition, to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a 1/2" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a 1/2" rod found at a point of intersection; THENCE North 01°28'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. Passed by City Council this 9th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of Exhibit A, Exhibit B, and related documents are filed with Resolution No. 6634. The City of Lubbock received an application from U.S. Distribution Center, L.L.C. for industrial tax abatement. U.S. Distribution will be constructing the new 491,838 square foot United Distribution Center on a 97 acre site located at 5801 Martin Luther King Blvd in the city's South Enterprise Zone. This project is a new distribution center supplying food products to United Supermarkets' grocery locations throughout West Texas. The facility will contain both dry and refrigerated warehouse space, offices, and a remote salvage building for the handling of damaged or returned products. U.S. Distribution Center, L.L.C. plans to expend approximately $24 million in building the new facility and approximately $2 million on equipment. The project meets the Industrial Tax Abatement Policy and Guidelines minimum investment of $1,000,000. The recommended abatement term is ten years with a declining percentage schedule beginning at 100 % and declining 10 % in each subsequent year of the abatement. The abatement amount for the City of Lubbock is: Year 1 100 % $150, 800 Year 2 90% $135,720 472 City Council Meeting December 9, 1999 Page 473 Year 3 80 % $120, 640 Year 4 70 % $105,560 Year 5 60% $90,480 Year 6 50% $75,400 Year 7 40 % $60, 320 Year 8 30 % $45,240 Year 9 20 % $30,160 Year 10 10% $15,080 The total city abatement over the life of the contract is $829,400. The total county abatement over the life of the contract is $426,254. United Supermarkets, Inc. has contracted with Llano Logistics, Inc., a member company of the Tibbett & Britten Group, to set up and operate the distribution center. Tibbet & Britten Group is an international logistics specialist providing dedicated distribution operations to many leading retailers in the United States, Canada, and Europe. Llano Logistics is expected to employ 240 individuals in the distribution center with an annual payroll of more than $8 million. The existing value of the property, as of January 1, 1999, was $80,700. Total investment at the end of the project, including investment by Llano Logistics and United Supermarkets, will be approximately $30 million. The project will add $26 million in new value to the tax base in the South Enterprise Zone. Under the current guidelines, U.S. Distribution Center is eligible and meets all the criteria for tax abatement. David Sharp, Chair of Market Lubbock Inc., presented staff comments. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of ten years with a declining schedule beginning with 100 % and declining by 10 % each year. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 6634 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (47.) Consider one appointment to Lubbock Emergency Communication District Board of Managers. The Appointments Advisory Board recommended the appointment of Sharlett Chowning. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Sharlett Chowning to the Lubbock Emergency Communication District Board of Managers. Motion carried: 7 Yeas, 0 Nays. 11:30 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION 473 City Council Meeting December 9, 1999 Page 474 1:29 P.M. COUNCIL RECONVENED 1:29 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 2 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment: Councilmember Cooke and Councilmember Patterson. WIN Y SITT N, MAYOR ATTEST: �f Kayt e Darnell, City Secretary Read and approved this, day of-_ ,r « �� , 2000. WINDY SI ON, MAYOR ATTEST: I / , t" ttg' tua �' A Kayt i Darnell, City Secretary \'J 474