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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/14/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 14, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of March, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank W. Morrison, Councihnember T.J. Patterson Absent: Mayor Sitton, Councilmembers Cooke and Nelson CITIZEN COMMENTS No one appeared for citizen comments. EXECUTIVE SESSION Councilmember Patterson stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager; City Attorney) to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Planning Department; Police Department); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Management Services). 7:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager), and take appropriate action. ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to deliberate, vote and take final action on electric rates of Lubbock Power and Light. (Electric Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Planning Department; Police Department). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Citizens Traffic Commission Neighborhood Redevelopment Commission North Overton Tax Increment Financing Reinvestment Zone Board of Directors (5.) 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 (Management Services). Regular City Council Meeting March 14, 2002 Page172 9:50 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. Next item to be considered was Item No. 7. ( 6.) Update on Workforce Development Project. Terri Patterson, Market Lubbock, Inc. (30 minutes) This item was considered following Item No. 7. As requested by the City Council, Market Lubbock, Inc. returned to expand on the status of our Regional Workforce Development Program. Terry Patterson, Director of that program, who has been with Market Lubbock, Inc. since the inception of the program provided an update as to where staff is at this time. This item was presented for Council information only. No action is required. Next item to be considered was Item No. 8. ( 7.) Overview of activities associated with Lubbock Power & Light's (LP&L) Environmental Management Systems (EMS). Chris Sims, Environmental Compliance Specialist (10 minutes) This item was considered following Item No. 5. Environmental Management Systems (EMS) is a comprehensive dynamic systems approach to managing operations in a way that will allow Lubbock Power & Light to meet the universal goal of being responsible environmental stewards of our natural resources. In 1996, the City of Lubbock's Environmental Compliance Department created a permanent position to assist Lubbock Power and Light with the extremely complicated environmental regulations targeted at electric utility companies. By 1997, the first elements of the complex EMS had been created and organizational awareness of the regulations along with compliance standards began to increase. Lubbock Power & Light expects the EMS to be completed and operational by the fall of 2002. The primary environmental state regulatory agency, the Texas Natural Resources Conservation Commission, was tasked by the 77' Legislature to voluntarily encourage the use of Environmental Management Systems (EMS) though recognition and incentives. Upon completion, Lubbock Power & Light plans to submit its EMS to the Texas Natural Resources Conservation Commission. Lubbock Power & Light's (LP&L) environmental affairs are enhanced by the framework established by Environmental, Management Systems (EMS). The goal of the EMS is to outline the activities that will allow LP&L to achieve the universal goal of being responsible environmental stewards of our natural resources. Next item to be considered was Item No. 6. 10:40 A. M. WORK SESSION RECESSED 10:51 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chamber 172 Regular City Council Meeting March 14, 2002 Page 173 Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank. W. Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Debra Forte, First Assistant City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one was absent Mayor Sitton called the meeting to order at 10:51 A. M. ( 8.) Invocation by Dr. David Lance, Heritage Church of Lubbock ( 9.) Pledge of Allegiance to the Flag. Board Appointments Recognition, Building Board of Appeals Receiving: Larry Harvey Culture and Arts Commission Receiving: Jim Douglass (10.) Presentation of a special recognition to the American Red Cross to commemorate March 2002 as American Red Cross Month in Lubbock. March has been observed nationally as Red Cross Month each year since 1943, when President Franklin D. Roosevelt issued the first official proclamation. Today, the organization's actions, guided by its dedication to humanity and a desire to promote mutual understanding, friendship, cooperation, and lasting peace amongst all peoples, follow these fundamental principles: humanity, impartiality, neutrality, independence, voluntary service, unity, and universality. An important part of the March American Red Cross Month celebration is the recognition of the role of the supporters in the lifesaving mission of the organization, especially after the events of September 11, 2001. A presentation of a special recognition commemorating March 2002 as American Red Cross Month in Lubbock was accepted by Board chair and vice -chair, Rick Woody and Gant Bumstead. Representatives from the print, radio and television media and United Supermarkets were recognized by the Red Cross during this presentation for their assistance in bringing the community together for a unified fund-raising effort on September 18, 2001. CONSENT AGENDA (Items Nos. 11, 13-361 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve Items 11, 13-36 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of Minutes: February 14, 2002 Regular City Council Meeting February 28, 2002 Regular City Council Meeting Next item to be considered was Item No. 13. 173 Regular City Council Meeting March 14, 2002 Page174 (12.) ORDINANCE #2002-00017-Amending Chapter 26 of the Code of Ordinances of the City of Lubbock, Texas, by rescinding City Ordinance No. 2001-00094 which elected to tax leased vehicles, or, in the alternative, by amending Section 26-11 providing for the taxation of leased motor vehicles by suspending the collection of the tax on leased motor vehicles as provided in Ordinance No. 2001-00094 (second and final reading). This item was moved to Regular Agenda and considered following Item No. 36. ORDINANCE NO. 2002-00017 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 26-11 PROVIDING FOR THE TAXATION OF LEASED MOTOR VEHICLES BY RESCINDING THE DECISION TO IMPOSE SUCH TAX, OR, IN THE ALTERNATIVE SUSPENDING THE COLLECTION OF THE TAX ON LEASED MOTOR VEHICLES AS PROVIDED IN ORDINANCE NO. 2001-00094; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. Next item to be considered was Item No. 38. (13.) ORDINANCE #2002-00019-ZONE CASE NO. 2159-A (4002 North Loop 289): Request of Commercial Property Services, Benny Nixon (for United AF Management, L.L.C. and/or Assigns) for a zone change from IDP and C-4 to A-2 on an unplatted 15-acre tract of land out of Section 18, Block A (second and final reading). ORDINANCE NO. 2002-00019 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2159-A; A ZONING CHANGE FROM IDP AND C-4 TO A-2 ZONING ON AN UNPLATTED 15-ACRE TRACT OF LAND OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (14.) ORDINANCE #2002-00020-ZONE CASE NO. 2931 (north of Auburn Street and east of Dover Avenue): Request of Royce Jiminez (for Light of the World Christian Center) for a zone change from R- 1 to A-2 limited to church and church related uses on unplatted 5.147-acre and 9.716-acre tracts of land out of Section 1, Block JS (second and final reading). ORDINANCE NO. 2002-00020 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2931; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO CHURCH AND CHURCH RELATED USES ON AN UNPLATTED 5.147-ACRE AND 9.716-ACRE TRACTS OF LAND OUT OF SECTION 1, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 174 Regular City Council Meeting March 14, 2002 Page175 (15.) ORDINANCE #2002-00021-ZONE CASE NO. 2932 (1602 441h Street): Request of Reverend Dale Bostic (for Faith Tabernacle) for a zone change from R-1 to A-2 limited to church and church related uses on an unplatted 0.43-acre tract of land out of Section 10, Block B (second and final reading). ORDINANCE NO. 2002-00021 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2932; A ZONING CHANGE FROM R-1 TO A-2 LIMITED TO CHURCH AND CHURCH RELATED USES ZONING ON AN UNPLATTED 0.43-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE #2002-00022-ZONE CASE NO. 2255-J (5802 64`h Street): Request of Jay G. Shinn, PSC, Inc., (for University Medical Center) for a zone change from GO to GO Specific Use for an EMS station on the west half of Lot 4, Spur 327 (second and final reading). ORDINANCE NO. 2002-00022 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-J; A ZONING CHANGE FROM GO TO GO SPECIFIC USE ZONING FOR AN EMS STATION ON THE WEST HALF OF LOT 4, SPUR 327, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE #2002-00023-ZONE CASE NO. 2916-A (7423 and 7427 82°d Street): Request of Finis and Ann Wright for a zone change from IHC to IHC Specific Use for mini -warehouses and contractor spaces on Lots 5 and 6, West 82°d Commercial Park (second and final reading). ORDINANCE NO.2002-00023 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2916-A; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE ZONING FOR MINI -WAREHOUSES AND CONTRACTOR SPACES ON LOTS 5 AND 6, WEST 82ND COMMERCIAL PARK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE #2002-00024-ZONE CASE NO. 1947-E (north of 32❑d Street and west of Frankford Avenue): Request of Hugo Reed and Associates, Inc. (for Carlos Rhea) for a zone change from A-1 to AM on an unplatted 3-acre tract of land out of Section 44, Block AK (second and final reading). ORDINANCE NO. 2002-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1947-E; A ZONING CHANGE FROM A-1 TO AM ZONING ON AN UNPLATTED 3-ACRE TRACT OF LAND OUT OF SECTION 44, 175 Regular City Council Meeting March 14, 2002 Page 176 BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE #2002-00025-ZONE CASE NO. 1490-Q (4801 South Loop 289): Request of John Hubbard (for VoiceStream Wireless) for a zone change from C-4 to C-4 Specific Use for a 180-foot telecommunications tower on a 1,600 square foot tract of land out of Lot 4, Fiesta Autoland Center (second and final reading). ORDINANCE NO. 2002-00025 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-Q; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A 180-FOOT TELECOMMUNICATIONS TOWER ON A 1,600 SQUARE FOOT TRACT OF LAND OUT OF LOT 4, FIESTA AUTOLAND CENTER, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2002-00030 abandoning and closing two portions of 981h Street in Section 179 Block E-2, Lubbock County (9801 Orlando Avenue) (first reading). ORDINANCE NO. 2002-00030 AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF 98TH STREET LOCATED IN SECTION 17, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 0.136-acre portion and a 0.022- acre portion of 98`' Street that was dedicated in 1984 by H.A. Sessions for 98`h Street. In 1994, Mr. Sessions dedicated a new portion of 98`h Street that was needed for the realignment of 98`h and Quaker Avenue as requested by TxDOT. These portions are in the process of being replatted and are no longer used as street right-of-way. According to the abandon and close ordinance, since Mr. Sessions was the original dedicator, he will not be charged for these closed portions of right-of- way. Staff recommended approval of the first reading of this ordinance. (21.) Ordinance No. 2002-00031 abandoning and closing a portion of a 20-foot Underground Utility Easement and Garbage Service Easement located in Section 15, Block E-2, Lubbock County (5002 91s` Street) (first reading). ORDINANCE NO. 2002-00031 AN ORDINANCE ABANDONING WERVICE EASEMENT LDOCATED IN UTILITY EASEMENT AND GARBAGE S SECTION 15, BLOCK E-2, LUBBOCKHE BODY COUNTY,TEXAS, THIS ORDINANCES PARTICULARLY DESCRIBED IN DIRECTING THE CITY ENGINEERTO MNT AN E OFFICIAL OSING; PROVIDING A CITY TO REFLECT SAID ABANDONME SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATON. 176 Regular City Council Meeting March 14, 2002 Pagel77 This ordinance abandons and closes a 0.263-acre portion of a 20-foot underground utility easement and garbage service easement located north of 915` Street and east of Lots 684-A —686-A in the LakeRidge Country Club Estates Addition. This easement portion was dedicated in Volume 2170 Page 152 of the Lubbock County Deed Records by LakeRidge and they are requesting that this portion be closed for replat purposes. Staff recommended approval of the first reading of this ordinance. (22.) Resolution No. 2002-R0090 authorizing the Mayor to execute a farm lease with J.C. Billington (new gun range, west of Reese Center). I RESOLUTION NO. 2002-R0090 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease between the City of Lubbock and J.C. Billington, and any other related documents. Said Lease is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Lease is filed with Resolution No. 2002-R0090. In November of 2000, the City acquired 345.85 acres of farmland just west of Reese Center for the new gun range. Approximately 300 acres of this land north of the gun range buildings are in cultivation and this farm lease will allow Mr. Billington to plant and harvest a grain cover crop to keep the weeds out and keep the sand from blowing. This lease is for the 2002 crop year and will expire on December 31, 2002. Staff recommended approval of this resolution. (23.) Resolution No. 2002-R0091 authorizing the Mayor to accept the donation of Lot 7, Richmond Place Addition to the City of Lubbock, from Kim R. Craig (4518 60`h Street). 177 Regular City Council Meeting March 14, 2002 Page 178 RESOLUTION NO.2002-R0091 WHEREAS, Kim R. Craig, has offered to convey to the City of Lubbock as a gift the fee simple title to a parcel of land hereinafter described; and WHEREAS, the City Council of the City of Lubbock has determined and does hereby determine that it is in the public interest to acquire title to said parcel and record said title in the Deed Records of Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Kim R. Craig, be allow to convey to the City of Lubbock as a gift the fee simple title to the following described parcel of land located in Lubbock County, Texas, to -wit: LOT SEVEN (7), RICHMOND PLACE, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 727, Page 718 of the Deed Records of Lubbock County, Texas. SECTION 2. THAT the Right -of -Way Agent of the City of Lubbock BE authorized to record said title to said parcel in the Deed Records of Lubbock County, Texas. Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice This property owned by Mr. Craig is located at the northwest corner of 60`h Street and Richmond Avenue and contains 2.72 acres. Dupree Park is located along the west side of this property. Lot 7 is presently dedicated as a storm water storage and drainage area and if the City obtains title to it, staff will have a better control of the long-term maintenance of the property that in the past has become sometimes overgrown. This property will be maintained by the Parks Department and blend in with Dupree. Conveyance will be through a warranty deed and there are about $500 in back taxes that are to be paid. Staff recommended approval of this resolution. 178 Regular City Council Meeting March 14, 2002 Page 179 (24.) Resolution No. 2002-R0092 authorizing; the Mayor to allocate $26,000 from the Hotel Occupancy Tax Visitor Information Center Reserve Fund to assist in the establishment of a Visitor Information Center Booth to be displayed at the Vatican Exhibition in the Texas Tech University Museum. RESOLUTION NO. 2002-R0092 WHEREAS, the City Council finds that it would. be in the public interest to establish a visitor information center in connection with the Vatican Exhibition in the Texas Tech University Museum; and WHEREAS, the City Council hereby authorizes the utilization of $26,000 from the Visitor Information Center Fund for the establishment and operation of a visitor information center booth at the Vatican Exhibition in the Texas Tech University Museum; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock, or his designated representative is hereby authorized to expend $26,000 from the Visitor Information Fund to assist in the establishment and operation of a visitor information center booth in conjunction with the Vatican Exhibition in the Texas Tech University Museum. Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Melissa Trevino Melissa Trevino, Budget Analyst APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney With the opening of the exhibit, Traditions and Renewal: Medieval Frescoes from the Vatican Museums Collections on June 2, 2002 at the Texas Tech Museum, Lubbock has a unique opportunity to showcase not only this wonderful exhibit, the Museum, and Texas Tech University, but also our great city as well. Approximately 150,000 or more visitors, many from outside of Lubbock, are expected to attend this one of a kind exhibit of frescoes from the 12`h and 13`h centuries. This three and a half month exhibit creates an opportunity to promote Lubbock and its area attractions to the many regional, national and international visitors that will be attending this event. Currently, there is $223,003 that is unallocated in the Hotel Occupancy Tax Visitor Information Center Reserve Fund. The Visitor Information Center fund was established to fund and operate a location for all 179 Regular City Council Meeting March 14, 2002 Page180 information on what to see and do in Lubbock. After discussion with staff from the City, the Texas Tech Museum and the Convention and Visitors Bureau, it was decided that having a visitor information booth housed at the Museum throughout the duration of the exhibit would benefit not only the visitors, but the citizens and businesses of Lubbock as well. It was felt that constructing an attractive, but mobile booth that could be relocated at the conclusion of the Vatican Exhibition would serve this and future needs. During the exhibit, the booth will be manned by local residents that can answer visitor questions, and staff will be working with Dave Walker of the Vatican Exhibition staff to recruit local civic organizations to help in this effort. After September 15, 2002, the booth will be moved to the Civic Center where it will be used by visitors attending events and conferences, and it will also have the ability to be moved to other locations around Lubbock to take advantage of future promotional opportunities. The visitor information booth is being designed and constructed with the help of the Thomas Agency. The booth will contain a large, backlit map of Lubbock showing tourist attractions and major thoroughfares. In addition, there will be backlit photographs of area attractions that will partially surround the map. These pictures will be installed in a manner that will allow periodic updating of the photos when necessary. The booth will contain the City of Lubbock logo and a space to list current events. Two separate components will hold the Lubbock Visitor's Guide and brochures from local attractions. Should this concept be successful, it will be possible to duplicate this booth so that other visitor information center booths could be strategically placed around the city. Staff recommended approval of this resolution. (25.) Resolution No. 2002-R0093 authorizing the Mayor to execute a lease amendment between the City of Lubbock and The Hertz Corporation. RESOLUTION NO. 2002-R0093 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Lease Agreement between the City of Lubbock and The Hertz Corporation, and any other related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 180 Regular City Council Meeting March 14, 2002 Page181 APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney - Office Practice A copy of the Amendment is filed with Resolution No. 2002-R0093. The Hertz Corporation operates one of five rental car concessions at Lubbock International Airport. Currently, the company leases 20,000 square feet of ground space near the terminal building for a "make- ready" facility. Hertz has made a request to lease an additional 5,000 square feet of ground to expand the parking area in the facility. Under the proposed amendment, Hertz would lease the additional space at the same rate as their existing space ($.1289 per square foot per year). The amendment will become effective March 1 and continue to the end of the current lease term (July 31, 2002). Staff recommended approval of this resolution. (26.) Resolution No. 2002-R0094 authorizing the Mayor to execute the Optical Preempt System Agreement with University Medical Center to lease equipment from the City of Lubbock that will allow UMC's Emergency Medical Services to utilize the Optical Preempt System. RESOLUTION NO. 2002-R0094 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 Optical Preempt System Agreement between the City of Lubbock and University Medical Center. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jere Hart Jere Hart, City Traffic Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0094. This agreement will allow the EMS vehicles used by University Medical Center (UMC) to be equipped and use the City's Optical Preempt System currently being used by the Fire Department only. This System allows 181 Regular City Council Meeting March 14, 2002 Page182 the emergency vehicles to send out a signal that changes the upcoming traffic signal to green prior to the vehicle's arrival, making it safer for the emergency vehicle as well as the general public. The Lubbock EMS in 2001 averaged about 60 calls a day when they ran Code 3, not counting the return trip to the hospital. These daily calls resulted in approximately 21,000 Code 3 yearly runs in response to 911. The EMS had about five wrecks in 2001 and about 13 in 2000. Wreck damage costs, depending on the severity, are between $3,000-$40,000. If they wreck an ambulance the cost goes up. The Optical Preempt System should reduce this cost to the public. The agreement is for one year followed by five automatic renewals for one year each. The fees for this agreement will fund the equipment to be installed on the EMS vehicles the first year. The following five years would help pay for the maintenance of the entire System. If any funds remain after maintenance costs, they would be used to add equipment to additional traffic signal locations requested by UMC. The annual fee for the agreement is $14,027.36, which includes 13 emitters. Staff recommended approval of this resolution. (27.) Resolution No. 2002-R0095 authorizing the Mayor to sign two Agreements for Temporary Use of Right of Way with the Texas Department of Transportation (TxDOT) for the installation of groundwater monitoring wells on East 50`h Street at the intersection of FM 835 and FM 1729. The purpose of these two agreements is to allow the City of Lubbock and Acosta Drilling to install two flush mount monitoring wells within the TxDOT right-of-way on East 50' Street at the intersection of FM 835 and FM 1729 to monitor the groundwater adjacent to the Lubbock Land Application Site. These wells will be drilled as part of Lubbock's wastewater permit with the Texas Natural Resource Conservation Commission and the Groundwater Remediation Plan. Staff recommended approval of this resolution. (28.) Resolution No. 2002-R0096 authorizing the Mayor to execute an industrial tax abatement agreement with Watson Sysco Food Service, Inc. RESOLUTION NO. 2002-R0096 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Watson Sysco Food Service, Inc.; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with Watson Sysco Food Services, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 711 and 714 2"d Place in the City of Lubbock, Lubbock County, Texas and which is further described as Block 2 Lots 1-14, Block 3 Lots 1-8, Block 3 the East 43 feet of Lot 9, Block 3 the East half of Lot 11 and West 10 feet of Lot 10, Block 3 the East 38 feet of 182 Regular City Council Meeting March 14, 2002 Page 183 Lot 10 and the West 5 feet of Lot 9, Block 3 the West half of Lot 11 and South half of Lot 12, Block 3 the North half of Lot 12, Block 4 the South 115 feet of Lot 3 and East 22 feet of the South 115 feet of Lot 2, Block 4 the East 22 feet of the North 50 feet of Lot 2 and the North 50 feet of Lot 3, Block 4 Lot 7, Block 5 Lot 7 and the East 23 feet of Lot 8, Block 4 Lot 1 and West 26 feet of Lot 2, Liff Sanders Addition to the City of Lubbock, Lubbock County, Texas; Lot 1-A, Kimbell Addition to the City of Lubbock, Lubbock County, Texas; Covington Block 1 .Spikes Block 3 and Closed Street, Addition to the City of Lubbock, Lubbock County, Texas (proposed re -plat as Tract A, Watson Sysco Addition to the City of Lubbock, Lubbock County, Texas). Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0096. The City of Lubbock received an application for industrial tax abatement from Watson Sysco Food Services, Inc. to expand their existing facility at 714 2" Place in the North Enterprise Zone. The project for Watson Sysco consists of the construction of a 76,000 square foot freezer/cooler/produce addition across the street from the existing facility at 711 2" Place, to facilitate expansion and growth. The expected investment in the facility is $5.9 million. In addition to the real property improvements, Watson Sysco will be investing $1,592,000 in additional equipment. Watson Sysco has 207 employees at the present time with a payroll of $8.7 million. Due to the expansion, an additional 100 jobs will be created within three years with a payroll of $3.4 million. Forty-five of the new jobs will be at the Lubbock facility and the remainder of the new jobs will be sales people and others that will be located outside of the Lubbock facility. The project meets the Industrial Tax Abatement Policy and Guidelines minimum of $500,000 investment in real estate improvements for an existing company or 20 new jobs or $1 million in tangible personal property investment. Market Lubbock considered this application at its February 13, 2002 Board Meeting and has recommended a 10 year, declining scale tax abatement (example: 1" year 100%; 2" year 90%, etc.) for the project. The abatement amount for the City of Lubbock is approximately: :3 Regular City Council Meeting March 14, 2002 Page184 Year 1 100% $42,704 Year 2 90 % $38,434 Year 3 80 % $34,164 Year 4 70 % $29, 893 Year 5 60% $25,623 Year 6 50% $21,352 Year 7 40% $17,082 Year 8 30% $12,811 Year 9 20% $ 8,541 Year 10 10 % $ 4,270 The estimated total city abatement over the life of the contract is $234,874. The estimated total county abatement over the life of the contract would be $123,227. The project will add $7.5 million in new value to the tax base in the North Enterprise Zone. Under the current guidelines, Watson Sysco Food Service, Inc. is eligible and meets all the criteria for tax abatement. Staff recommended approval of this resolution. (29.) Resolution No. 2002-R0097 amending Resolution No. 6084, the Lubbock Power & Light Infrastructure Fund, passed on October 22, 1998, extending the eligibility time period and adding the Main Street Corridor to those areas eligible to receive infrastructure funding. RESOLUTION NO. 2002-R0097 WHEREAS, the City Council of the City of Lubbock finds that it would be in the best interest of the citizens of the City of Lubbock to make changed to the Lubbock Power and Light Infrastructure Fund authorized by Resolution No. 6084, enacted October 22, 1998; and WHEREAS, said fund is created pursuant to Section 380.001 of the Texas Local Government Code; and WHEREAS, the purpose of the fund authorized by Resolution 6084 and continued by this present Resolution shall be to provide public infrastructure improvements when such improvements will aid or assist in the location, development or expansion of business activity within the City of Lubbock, which business activity will create new jobs, additional payroll or increase the tax base within the City of Lubbock, to provide additional improvements to the Central Business District; and WHEREAS, Recreation, Parks, Entertainment and Cultural Affairs Goal No.l is to revitalize downtown Lubbock as a focal point for entertainment, arts, and business, and Goal 4 is to coordinate and consolidate marketing efforts for the promotion of Lubbock and the region as a visitor destination, and Lubbock Power and Light as part of its business acquisition and retention program to improve the strengths of the City of Lubbock in its economic development activities; and 184 Regular City Council Meeting March 14, 2002 Page 185 WHEREAS, the City Council finds that the location, retention or expansion of business within the City of Lubbock which accomplishes the above goals will add to the quality of life within the City of Lubbock which accomplishes the above goals will add to the quality of life within the City of Lubbock and ibrther will provide for the betterment of the general welfare of the citizens of the City of Lubbock and as such, provide a public purpose. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 3 of Resolution No. 6084 is hereby repealed and is replaced in its entirety with the following: "SECTION 3. THAT such Lubbock Power & Light economic development funds shall also be used to meet the goals of the "Goals for Lubbock, a Vision into the 21" Century" with regard to the Central Business District, Broadway Corridor, Depot District and the Main Street Corridor by providing the following additional improvements in those areas: a) building facade renovation; b) sidewalks and sidewalk renovation; and c) landscaping." SECTION 2. THAT Exhibit B of Resolution No. 6084 is hereby repealed and is replaced in its entirety with the following "EXHIBIT B The following criteria shall be used by the City Manager or his designee in determining eligibility for Lubbock Power & Light economic development funds in accordance with Section 3 of Resolution 6084, as amended by this resolution. No projects shall be funded following the end of fiscal year 2002. 1. Disbursement of these funds shall be limited to the following targeted areas. Broadway Corridor: Those properties fronting on Broadway from University Avenue to Martin Luther King Boulevard. Central Business: Those properties fronting on Avenue Q from 4th Street to Broadway. Depot District: Those properties located within the Depot District, which is described as follows: Starting at the intersection of 16th Street and Interstate 27; thence south along Interstate 27 to 23 d Street; thence west on 23 d Street to the alley between Avenue 0 and H; thence north on the alley between Avenue G and H to 19'h Street; thence west on 19' h Street to the alley between Avenues H and Texas; thence north on the alley between Avenue H and Texas to 16"' Street; thence east on 16'h Street to the point of beginning. Main Street Corridor: Those properties fronting on Main Street from Avenue Q to Avenue F. 2. Available funding shall be based upon $250 per front linear foot up to a maximum LP&L contribution of $25,000." 185 Regular City Council Meeting March 14, 2002 Page186 Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney Resolution No. 6084 created the Lubbock Power & Light Infrastructure Fund for providing economic incentives to infrastructure improvements under limited provisions. These incentives target certain areas of downtown Lubbock. The objective is to foster economic growth in the targeted areas. Resolution No. 6084 provided for no funding beyond the end of fiscal year 2000 and provided no funding for the Main Street Corridor (Main Street from Avenue Q to Avenue F). This resolution extends the existing resolution to provide funding through the end of fiscal year 2002 and adds the Main Street Corridor to the list of targeted areas. Staff recommended approval of this resolution. (30.) Resolution No. 2002-R0098 to approve the benefaction of a gift, valued at no more than fifty dollars ($50), to each of the members of all City Boards and Commissions. RESOLUTION NO. 2002-R0098 WHEREAS, the City Council of the City of Lubbock, Texas has created various boards and committees whose membership is composed of private citizens within the City; and WHEREAS, the City Council recognizes the hard work and dedication of said citizens; and WHEREAS, the City Council desires to encourage future citizen participation in the various City boards and committees; and WHEREAS, the City Council finds that a token gift bestowed upon the participating citizens would offer both recognition of said citizens and encourage future participation of more citizens of the City; and WHEREAS, the City Council finds that bestowing a gift valued less that $50 to the members of the various City boards and committees is a public benefit. NOW THEREFORE: 186 Regular City Council Meeting March 14, 2002 Page187 BE IT RESOLVED BY THE CITY COUNCIL OI, THE CITY OF LUBBOCK: THAT the City Council of Lubbock does hereby approve the benefaction of a gift, valued at no more than fifty dollars ($50.00) to each of the members of all City boards and committees. Passed by the City Council this 14th day of March, 2002. / S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney In recognition of the hard work and dedication of citizens on the City of Lubbock boards and committees, and to encourage future citizen participation, City Council and Appointments Advisory Board have been participating in recognizing these individuals. For a few years, a reception was given to recognize and thank those individuals. In 2000, a small token gift (ink pen with board/commmission logo) was presented. In 2002, a small token gift (frame with board/commission logo) has been presented. Bestowing a gift valued at less than $50 to the members of the various City boards and committees is a public benefit. Note that the amount has been set at $50 because that is the legal limit that anyone could accept. Both of the token gifts (2000 and2001) have been token gifts with a cost of less than $5 each. Staff recommended approval of this resolution. (31.) Resolution No. 2002-R0099 authorizing the Mayor to execute the second year of funding for the Criminal Justice Division Title V Delinquency Prevention GRUB Grant. RESOLUTION NO. 2002-R0099 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 between the City of Lubbock and South Plains Food Bank of Lubbock, Texas, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 187 Regular City Council Meeting March 14, 2002 Page 188 Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Everette Hooper Everette "Scoop" Hooper Youth Services Coordinator APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0099. The City of Lubbock Youth Services Department has joined with the South Plains Food Bank, Lubbock County Juvenile Justice Center, and other non-profit organizations to propose a gardening and produce marketing program to offer juvenile offenders an opportunity to learn life and career skills. If accepted, the CJD grant would fund $79,041 for equipment, supplies, and one manager and assistant manager for the program. The City's Youth Coordinator estimates dedicating 15 % of his time for the second year to support the program. Staff recommended approval of this resolution. (32.) Resolution No. 2002-ROIOO authorizing the Mayor to execute a contract with The Thomas Agency for professional advertising services. RESOLUTION NO. 2002-RO100 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 between the City of Lubbock and The Thomas Agency, for professional advertising services, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 188 Regular City Council Meeting March 14, 2002 Page189 APPROVED AS TO CONTENT: /s/ Sandy Glass Sandy Glass, Public Information Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-RO100. The Public Information Office has managed a contract with The Thomas Agency since 1998 to provide advertising services that PIO cannot provide for the City of Lubbock. In the past 12 months, the City of Lubbock has spent $231,000 with The Thomas Agency. The Thomas Agency has provided large graphic projects, media buying, promotional displays and other public relations projects that PIO does not have the resources to provide for various departments within the City of Lubbock organization. The Thomas Agency also has assisted the City with major projects including Ports -to -Plains, Police recruiting, the H.A.D. Enough? campaign and Solid Waste educational efforts. Many departments use The Thomas Agency under this contract, and all have reported excellent results. The main benefit of continuing this contract with The Thomas Agency is the cost savings. Not only does the agency give the City of Lubbock a flat hourly rate that is very competitive, it also foregoes agency commissions on media buys. This allows the City to purchase media at a -- very competitive cost. Also, when the City promotes a long-term campaign such as the H.A.D. Enough? aggressive driving campaign, continuing to use the materials already prepared by The Thomas Agency allows the City to enjoy an economy of scale that would be lost if the City started over with a new agency. Staff recommended approval of this resolution. (33.) Resolution No. 2002-RO101/BID #2001-SD001 —for Bus Route Signs (Citibus). RESOLUTION NO. 2002-RO101 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 Purchase Order per ITB #2001-SD001 for bus route signs (Citibus), by and between the City of Lubbock and Sign Pro of Lubbock, Texas, and related documents. Said Purchase Order 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. Oil, Regular City Council Meeting March 14, 2002 Page190 Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-RO101. This bid is for the purchase of 650 bus route signs to be used by Citibus. The new signs will be placed on the newly implemented Route 25 (East/West Express), and they will replace outdated signs on other routes. Low bid to meet all specifications was Sign Pro at a price of $49.62 per sign, or $29,772 for 850 signs. The signs are to be delivered thirty days after receipt of the order, barring any complications. The signs were bought as an option on the above -mentioned contract. The Federal Transit Administration will cover 80 % of this amount and the remaining 20 % will come from this year's Citibus budget. No additional funding will be needed from the City of Lubbock. Staff recommended approval of this resolution. (34.) Resolution No. 2002-R0102/BID #05-021802 —for Bus Route Sign Installation (Citibus). RESOLUTION NO. 2002-R0102 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 Purchase Order per ITB #030-02/RW, by and between the City of Lubbock and Boedeker Communication of Quitaque, Texas and related documents. Said Purchase Order 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 the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 190 Regular City Council Meeting March 14, 2002 Page 191 APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0102. This bid is for the purchase of services to install approximately 1200 bus stop signs to be used by Citibus. The new signs will be placed on the newly implemented Route 25 (East/West Express), and they will replace outdated signs on other routes. Low bid to meet all specifications was Ace of Trades at a price of $45 per dirt installation and $60 per concrete installation, or approximately $63,000 total cost. The signs are to be installed within 120 days after receipt of the order, barring any complications. The Federal Transit Administration will cover 80 % of this amount and the remaining 20 % will come from this year's Citibus budget. No additional funding will be needed from the City of Lubbock. Staff recommended approval of this resolution. (35.) Resolution No. 2002-R0103/BILL #013-02/BM —for Bunker Gear Replacement (Fire Department). RESOLUTION NO. 2002-RO103 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 Purchase Order per ITB #013-01/13M for a bunker gear replacement, by and between the City of Lubbock and Firegear, Inc. of Grand Junction, Colorado, and related documents. Said Purchase Order 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 the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 191 Regular City Council Meeting March 14, 2002 Page192 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0103. This bid is for the purchase of 40 sets of protective bunker gear to replace existing gear that is in service and in extremely poor condition. Bunker gear includes pants and a jacket and is used to protect fire fighters from extreme temperatures. The low bid meeting specifications is $33,640 from Firegear, Inc. of Grand Junction, Colorado and is within the Bunker Gear Replacement budget. (36.) Resolution No. 2002-R0104/BID #039-02/DC —for Roof Replacement at Pump Stations #3, #6, & #8 and Montelongo Swimming Pool (Facilities Management). RESOLUTION NO. 2002-RO104 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 the roof replacement at Pump Stations #3, #6, & #8 and Montelongo Swimming Pool, by and between the City of Lubbock and Hamilton Roofing Company of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0104. 192 Regular City Council Meeting March 14, 2002 Page193 CONTRACT STATE OF TEXAS )( COUNTY OF LUBBOCK )( THIS AGREEMENT, made and entered into this 14th day of March, 2002, 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 Hamilton Roofing Company, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #039-02/DC - City of Lubbock Roof Replacement at Pump Stations 3, 6, & 8 and Montelongo Swimming Pool - $89,668.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to — additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Rebecca Garza MAYOR Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Monte Chitwood Hamilton Roofing Company By: /s/ Louis W. Howell, II PRINTED NAME: Louis W. Howell, II TITLE: Vice -President COMPLETE ADDRESS: Hamilton Roofing Company P. O. Box 2703 Lubbock, Texas 79408 193 Regular City Council Meeting March 14, 2002 Page194 This project involves roof replacement at Pump Stations #3, #6, #8 and Montelongo Swimming Pool. The current systems include built-up roofing and the new systems will be a modified roofing system. The low bid is $89,668 from Hamilton Roofing Company of Lubbock, Texas and is within the Systems Capital Outlay - Pumping System Replacement and Park Amenities budget. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. Next item to be considered was Item No. 12. ORDINANCES FOR PASSAGE SECOND READING (37.) ORDINANCE #2002-00029-Designating and describing the boundaries of the North Overton Tax Increment Financing Reinvestment Zone of Lubbock, Texas; establishing the duration of the zone; establishing a tax increment fund; and establishing a board of directors for the tax increment financing reinvestment zone (second and final reading). This item was considered following Item No. 38. ORDINANCE NO. 2002-00029 AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE NORTH OVERTON AREA OF LUBBOCK, TEXAS; ESTABLISHING THE DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; AND ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT FINANCING REINVESTMENT ZONE. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 2000-00029 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers McDougal and Hernandez recused themselves. Next item to be considered was Item No. 39. ADMINISTRATIVE SERVICES MANAGEMENT SERVICES (38.) Resolution No. 2002-RO105 authorizing the Mayor to execute a license agreement with Maria Elena Holly for an annual Buddy Holly Symposium and Music Showcase. This item was considered following Item No. 12. 1.. Regular City Council Meeting March 14, 2002 Page 195 RESOLUTION NO. 2002-RO105 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 license between the Buddy Holly Center Museum and Maria Elena Holly, and all related documents. Said License 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 the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Martha Ellerbrook Martha Ellerbrook Managing Director of Management Service APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the License is filed with Resolution No. 2002-R0105. In September 2001, the Buddy Holly Center collaborated with Texas Tech University, Texas Monthly Magazine and the Texas Music Office, Office of the Governor to present "Not Fade Away: The Life and Times of Buddy Holly". It was the first academic symposium on the popular culture of the 1950's that influenced early Rock and Roll and the continuing impact of that music. Music historians and scholars from across the United States participated in a three-day event that included presentations, lectures, discussions, performances, and concerts at Texas Tech University and the Buddy Holly Center. Because of the success of the symposium and the concerts, the Buddy Holly Center and Texas Tech University plan to present the program as an annual event and wish to use the Buddy Holly name to promote the program to audiences throughout the world. A license agreement with Maria Elena Holly will enable the Buddy Holly Center to present an annual Buddy Holly Symposium and Music Showcase using Buddy Holly's name to promote concerts and festival events as part of the program. The license agreement will be in effect through February 2009 and allows the City of Lubbock to renew the contract annually without having to renegotiate the terms of the agreement each year. Either party may elect to not do the symposium for any given year. A licensing fee of $30,000 for each annual event that is organized and presented will be raised through donations along with the funds to present the academic panels and music showcase. 195 Regular City Council Meeting March 14, 2002 Page196 Martha Ellerbrook, Managing Director and Connie Gibbons, Cultural Arts Services Manager, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2000-RO105 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 37. BOARD APPOINTMENTS (39.) Resolution No. 2002-RO106 appointing six members to the Board of Directors for the North Overton Tax Increment Financing Reinvestment Zone and appointing one of those as Chairman of the Board. This item was considered following Item No. 37. RESOLUTION NO. 2002-RO106 WHEREAS, the City of Lubbock has established the North Overton Tax Increment Financing Reinvestment Zone for the City of Lubbock pursuant to the Tax Increment Financing Act ("Act") for the purpose of encouraging development and redevelopment; and WHEREAS, the City Council of the City of Lubbock desires to appoint six members to the Board of Directors for the North Overton Tax Increment Financing Reinvestment Zone ("the Zone"); and WHEREAS, the City Council also desires to appoint one of these members to serve as chairman of the Board of Directors; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the following individuals who are either owners of real property in the Zone or an employee or agent of a person that owns real property in the Zone, are hereby appointed as members of the Board of Directors for the North Overton Tax Increment Financing Reinvestment Zone of the City of Lubbock: Jack P. Driskill Victor Hernandez Walker Metcalf Pat Murphee Ted Rushing Margaret Talkington SECTION 2: THAT three of the six individuals appointed in Section 1 shall serve a one year term and the other three individuals shall serve two year terms as determined by drawing lots; and SECTION 3: THAT Jack P. Driskill shall serve as chairman of the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone until April 1, 2003; and SECTION 4: THAT this resolution shall be effective immediately upon its passage. 196 Regular City Council Meeting March 14, 2002 Page197 Passed by the City Council this 14th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer Managing Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney, Office Practice The City Council has established the North Overton Tax Increment Finance District (TIF) for the purpose of encouraging development and redevelopment. Because the TIF was initiated by a petition of the property owners, by statute the board must consist of nine members. Each school district and county levying taxes and participating in the TIF zone may name a representative to the board as well, though they can waive that right. Since LISD cannot participate, only Lubbock County will appoint a member if they choose to be a part of the TIF. Other members required by statute include the State Senator and State Representative for the zone or their designees. This leaves six members to be appointed by City Council. According to the statute, the members appointed by the Council must be at least 18 years of age and owners of real property in the TIF zone or employees or agents of someone who owns property in the zone. The Council must also appoint one of these members to serve as Chairman of the Board of Directors for the remainder of 2002. After the City Council creates the TIF, the Board of Directors of the zone finalizes both a Reinvestment Zone project plan and financing plan. Both plans must be approved by both the TIF Board of Directors and by Ordinance of the City Council. The Board is responsible for administering the Tax Increment Financing Reinvestment Zone throughout its 30-year life span and for recommending projects to be financed with the approval of the City Council. Staff recommended that Council appoint six members and designate a chairperson so that final project and financing plans can be completed during early 2002. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Jack P. Driskill, Victor Hernandez, Walker Metcalf, Pat Murphee, Ted Rushing, and Margaret Talkington to the Board of Directors for the North Overton Tax Increment Financing 197 Regular City Council Meeting March 14, 2002 Page198 Reinvestment Zone and appoint Jack P. Driskill as Chairman of the Board. Motion carried: 5 Yeas, 0 Nays. Councilmembers Hernandez and McDougal recused themselves. (40.) Consider one appointment to the Community Relations Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Bobby Thomas to the Community Relations Commission. Motion carried: 5 Yeas, 0 Nays. Councilmembers Hernadez and McDougal had stepped away from the dais. 11:15 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:22 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal adjourned the meeting. Read and approved this 24th day of April, 2002. IS/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: Rebe ca Garza, City Secretary 198