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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/25/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING APRIL 25, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of April, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T.J. Patterson Absent: Mayor Sitton CITIZEN COMMENTS One citizen expressed comments to the Council. Bobby Stargel talked to Council concerning Citibus. He has ridden for approximately 14 years and rides 5 times weekly. Mr. Stargel stated that (1) bus drivers are inconsistent in complying with the rules; (2) are unsafe as they drive too fast trying to make up lost time; and, (3) they will let you off at an alternate stop, but will not pick you up from the same place. He had several complaints and Council suggested that Bob Goodwin, Assistant to the City Council, meet with him and find out what needs to be done. EXECUTIVE SESSION Mayor Pro Tem Cooke 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 Attorney; City Manager; City Secretary; Municipal Court Judge); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (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 (Aviation; Cemetery Department; Parks Department; Water Utilities). 7:40 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; City Secretary; Municipal Court Judge) 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 (Water Utilities). Regular City Council Meeting April 25, 2002 Page 268 (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: Appointments Advisory Board Board of Electrical Examiners Canadian River Municipal Water Authority Citizens Traffic Commission Community Development and Services Board Keep Lubbock Beautiful Advisory Committee Libraries Board Urban Design/Historic Preservation Youth Commission -Adults ( 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 (Aviation; Cemetery Department; Parks Department; Water Utilities). 9:08 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (6.) Presentation regarding the progress of the Millennium Advisory Committee. David Langston, Vice Chairman of Committee (20 minutes) In December 1999, the City Council appointed the Millennium Advisory Committee (MAC), comprised of seventeen citizens from diverse backgrounds. The committee was charged with recommending at least one project and funding source to commemorate the past 100 years of art, architecture, heritage and history of Lubbock and the Llano Estacado. In addition, the MAC was charged with recommending at least one project and funding source to commemorate the future. Over the course of the past two years, the MAC has met numerous times to review concepts for a project to recommended. The committee selected a "Crossroads in Time theme for the project to commemorate the past. To respond to the task of recommending a project for the future, the MAC has been actively involved in the design of the Mackenzie Amphitheater. The initial concepts for the proposed "Crossroads in Time" project were variations on a clock. The MAC identified twelve themes to be represented by the hours on the face of the clock. In February 2001, the City of Lubbock issued a Request for Proposals (RFP) for the design services of the "Crossroads in Time" project. Due to staff turnover and difficulty in negotiating an acceptable consulting fee for the design, the selection of the design team was delayed considerably. The top choice for the design services was Hellmuth, Obata and Kassabaum, LP (HOK), a nationally renowned firm. Staff negotiations with this firm lasted from June 2001 through September 2001. HOK's best and final offer was rejected and the City of Lubbock officially ended negotiations with the firm. Staff then began negotiating a contract with the second highest rated design team, Parkhill, Smith and Cooper, a local firm. In December 2001, the City entered into a design contract with Parkhill, Smith and Cooper for the design of the Millennium "Crossroads in Time" project. The MAC met on February 6, 2002 to tour five sites as part of Regular City Council Meeting April 25, 2002 Page 269 the site selection process for the design phase. The MAC overwhelmingly selected the County Precinct site on East Broadway, adjacent to the proposed Mackenzie Amphitheater, for the "Crossroads in Time" project site. Since that time, the design team has involved three MAC members, Andy Wilkinson, Don Caldwell and Danny Espinoza, in the design concepts for the project that will be located at the County Precinct site. The MAC has also been involved recently in the discussions with the owner of the Canyon Amphitheater. On April 8, 2002, the MAC met for a briefing on the issues surrounding the Mackenzie Amphitheater and the offer to purchase the private venue. As was mentioned at the April 11, 2002 City Council work session, Mr. Morris, the owner of the private amphitheater, was invited to address the MAC. Over the next few months, the MAC will continue to finalize the "Crossroads in Time" design and recommendations to City Council on how to proceed. A separate work session will be held in June 2002 to address those issues. David Langston, Vice Chairman of the Millennium Advisory Committee made a presentation about the progress of the committee. Next item to be considered was Item No. 9. ( 7.) Youth Commission Presentation. Everett "Scoop" Hooper, Youth Service Coordinator, and members of the City of Lubbock Youth Commission (20 minutes) This item was considered following Item No. 9. On June 24, 1999 the City Council passed a resolution establishing the first City of Lubbock Youth Commission. The goals and objectives of the Commission are to develop an alliance among youth, youth service agencies, city government, schools, and the community to secure for all children and youth the highest advantage in. physical, mental, social, and moral development, and to advise on how to solve the problems encountered in providing services to the youth of the community. No action was required on this item. (8.) Presentation by the Special Tactics and Rescue Team regarding their involvement in Police Department operations. Curtis Watkins, Team Member and Dr. Charles Addington, Medical Advisor (20 minutes) This item was deleted. (9.) Presentation concerning waiver of PILOT Fees to the Lubbock Housing Authority. Randy Truesdell, Parks and Recreation Manager (10 minutes) This item was considered following Item No. 6. The Lubbock Housing Authority has requested the City Council to waive past and future PILOT Fees in exchange for ornamental fencing and various community projects. The amount currently payable to the City of Lubbock for PILOT Fees is $132,000 and the annual amount due is $32,000. Greenfair is a low-income housing project operated by the Lubbock Housing Authority and is slated for closure. In order to rescue some of the existing structure, the steel fence surrounding the property could be used for 269 Regular City Council Meeting April 25, 2002 Page 270 development projects in the Jim Bertram Lake System. Due to its current condition, it is difficult to estimate a market value for the fence. The estimated value of the fence, in its existing condition, is $5,500. Randy Truesdell, Parks and Recreation Manager and Max Tarbox, Chairperson of Board of Commissioners for Lubbock Housing Authority, addressed Council concerning waiver of PILOT Fees to the Lubbock Housing Authority. Next item to be considered was Item No. 7. 10:59 A. M. WORK SESSION RECESSED 11:15 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 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; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Also present was Sara Sharp, an eighth grade student at Irons Junior High, who was Mayor Sitton's shadow for the day. No one was absent. Mayor Sitton called the meeting to order at 11:15 A. M. (10.) Invocation by Pastor Sean Robinson, Seventh-Day Adventist Church. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. ARD APPOINTMENTS RECOGNITION Citizens Traffic Commission Receiving: David Miller (unable to attend) Culture and Arts Commission Receiving: Beena Variyam Neighborhood Redevelopment Commission Receiving: Carrol Blackwell (unable to attend) Structural Standards Commission Receiving: Robert Moore Joseph Rapier CITIZEN APPEARANCES (12.) Presentation of a special recognition to Nicole Neal for being crowned 2002 Miss Lubbock U.S.A and Kelsey White for being crowned 2002 Miss Lubbock Teen U.S.A. Nicole Neal is a Junior at Texas Tech University studying for a degree in Interior Design with a minor in Architecture. She is a native of Midland and moved to Lubbock to go to college. Nicole is active in the American Cancer Society and organ donation programs. Nicole will participate in the Miss Texas U.S.A. pageant in July held in Lubbock. 270 Regular City Council Meeting April 25, 2002 Page 271 Kelsey White is a junior at Monterey High School. She plans to go to college after she graduates in May 2003. Kelsey is supporter of the Scottish Rite and works closely with children and adults that suffer some type of learning disability. Kelsey will participate in the Miss Texas Teen U.S.A. pageant in November in Houston Texas. A special recognition was presented to Nicole Neal, Miss Lubbock U.S.A and Kelsey White, Miss Lubbock Teen U.S.A. in honor of being crowned with these titles. (13.) Presentation of a special recognition to the Harwell Elementary Destination Imagination team who recently won the State Destination Imagination Competition. Destination Imagination is a creative problem -solving program that challenges kids to use their academic knowledge and creativity to work as a team and solve a problem. The Harwell students chose the problem StranDid. The problem specified that they were in a stranded situation and they had to create a device made up of three simple machines that would get them out of their stranded situation. They were required to present their solution in the form of a skit complete with props and costumes. Stephanie Silva, Geneva Garza, Jesus Fuentes, Kevin Rivas, Anthony Perez, Monica Rivera, and David Axtell are the students that participated in the Destination Imagination state competition and won. The Destination Imagination team will attend the Global Finals in Knoxville, Tennessee on May 22-25, 2002. Councilmembers Hernandez and Patterson assisted Mayor Sitton in presenting a special recognition to Principal Celia Glick and students Stephanie Silva, Geneva Garza, Jesus Fuentes, Kevin Rivas, Anthony Perez, Monica Rivera, and David Axtell, the Destination Imagination team from Harwell Elementary that won the Destination Imagination State Competition. Ms. Glick introduced Eddie Fitzgerald, coordinator and Sandy Hancock, coach for the Destination Imagination team. Next item to be considered was Item No. 15. (14.) Presentation of a special recognition to Goodwill Industries for the organization's 1001h Anniversary. This item was considered following Item No. 15. Goodwill Industries provides people with the tools they need to succeed in the work place. They are one of the world's largest nonprofit providers of employment and training services for people with disabilities and other disadvantaging conditions such as welfare, dependency, illiteracy, criminal history, and homelessness, and are celebrating their 100`' Anniversary this year. Dr. Julie Smith -Morrow, Director of Goodwill Industries of Lubbock, was present to receive the special recognition. A presentation of a special recognition was made to Goodwill Industries for their 1001h Anniversary of service within the community. Next item to be considered was Item No. 16. 271 Regular City Council Meeting April 25, 2002 Page 272 (15.) Presentation of a special recognition to the Lubbock Alumnae Chapter of Delta Sigma Theta Sorority, Inc., recognizing their contributions to the Lubbock community. This item was considered following Item No. 13. The Lubbock Alumnae Chapter of Delta Sigma Theta Sorority was established in 1952 by nine concerned African -American women who dedicated themselves to servicing the public and to improving the quality of life for all. Members will again be participating in Delta Day at City Hall. This program promotes the advancement of education regarding the services that are performed by the City of Lubbock. Members will arrive at 9:00 a.m. for a meeting with Councilman Patterson and possibly one other Council member, and the participants will then stay to watch work session and the regular City Council meeting. Councilmember Patterson assisted Mayor Sitton in presenting a special recognition to the Lubbock Alumnae Chapter of Delta Sigma Theta Sorority President, Ruby White and other sorority members participating in Delta Day recognizing their contributions to the Lubbock community. sorority members participating in Delta Day. Next item to be considered was Item No. 14. (16.) Presentation of a special recognition to the National Association of Letter Carriers Branch 2589 commemorating Saturday, May 11, 2002, as the National Association of Letter Carriers National Food Drive Day. This item was considered following Item No. 14. For the past ten years, the National Association of Letter Carriers (NALC) has held the largest one -day food drive in the nation on the second Saturday in May. This year on May 11, more than 13,000 cities and towns will participate as letter carriers collect nonperishable food donations left by mailboxes and in post offices and deliver them to local community food banks, pantries and shelters. More than 1,500 local NALC branches in all 50 states and U.S. jurisdictions are involved in the drive. Last year Branch 2589, Lubbock's local chapter of the NALC, Ocollected 110,000 pounds of food, which was given to the South Plains Food Bank for distribution in the Lubbock area. A special recognition was presented to the National Association of Letter Carriers Branch 2589 commemorating Saturday, May 11, 2002, as the National Association of Letter Carriers National Food Drive Day. Eddie Odle, Vice President of NALC Branch 2589; Ted Tyler, U.S. Postmaster; and David Weaver, Jr., South Plains Food Bank, were present to receive the special recognition. Next item to be considered was Item No. 18. (17.) Presentation of a special recognition to Jim Bertram in recognition of his being inducted into the College of Fellows of the American Institute of Certified Planners. This item was considered following Item No. 18. The American Institute of Certified Planners is the American Planning Association's professional institute, providing recognized leadership nationwide in the certification of professional planners, ethics, professional development, planning education, and the standards of 272 Regular City Council Meeting April 25, 2002 Page 273 practice. Election to The College of Fellows is one of the highest honors that the AICP bestows on a member. This honor is recognition of the achievements of the planner as an individual., elevating the Fellow before the public and the profession as a model planner who has made significant contributions to planning and society. The application for James Bertram to be elected as a Fellow of the American Institute of Certified Planners included the following summary statement: Among hundreds, five major projects are outstanding: the 1975 Comprehensive Land Use Plan, the Jim Bertram Canyon Lakes Project, the Lubbock Sign Ordinance, Depot District and Broadway Streetscape. From the CLUP guiding development for thirty years and the cutting edge 1975 Sign Code to the three development projects, the atmosphere and feel of Lubbock as a well planned, clean and efficient City have been under his guidance. On April 15, 2002 Jim Bertram was awarded Fellow status at the National Convention of the APA in Chicago. His nomination was the only one accepted by the National FAICP Board for applicants from Texas. Nationally, only 201 persons have been inaugurated into the College of Fellows. Craig Farmer, Director of Stragetic Planning, introduced Jim Betram. A special recognition was presented to Jim Bertram in recognition of his induction into the College of Fellows of the American Institute of Certified Planners. (18.) Presentation of a special recognition to City of Lubbock employees that have volunteered their time to help others within the community and to commemorate April 21-27, 2002, as National Volunteer Week. This item was considered following Item No. 16. More than one hundred City of Lubbock employees have volunteered their valuable time in order to help other individuals or organizations within the community. Volunteers are the heart and soul of many not for profit agencies, faith based organizations, civic groups, and youth organizations in Lubbock. National Volunteer week began in 1974 when President Richard Nixon signed an executive order establishing the Week as an annual celebration of volunteering. This year's National Volunteer Week theme "Celebrate the American Spirit -VOLUNTEER", is particularly appropriate as staff continue to witness the outpouring of contributions and compassion following the September 11 attack on our country. City employees should be recognized for giving back to the community numerous volunteer hours for needed causes. To summarize a few: • Churches (teaching choir) • Leagues • Boy and Girl Scouts • Ronald McDonald House • Women's Protective Services • Rape Crisis Center A special recognition was be presented to City of Lubbock employees who have volunteered their time to help make a positive difference in the lives of others throughout the community. 273 Regular City Council Meeting April 25, 2002 Page 274 Next item to be considered was Item No. 17. TOP TEN LIST Councilmember David Nelson will give his Top Ten List of Positive Things About Lubbock. This item was deleted. CONSENT AGENDA (Items Nos. 19-29, 31-51) Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to approve Items 19-29, 31-51 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (19.) Approval of Minutes: April 4, 2002 Special City Council Meeting April 11, 2002 Regular City Council Meeting (20.) ORDINANCE #2002-00041-Abandoning and closing two portions of a right-of-way easement for 82°d Street recorded in Volume 507, Page 363 of Deed Records of Lubbock County, Texas (1901 82nd Street) (second and final reading). ORDINANCE NO. 2002-00041 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 98TH STREET LOCATED IN SECTION 14, 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. (21.) ORDINANCE #2002-00042-Conforming the list of voting precincts to the official City voting map adopted January 23, 2002 (second and final reading). ORDINANCE NO. 2002-00042 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4(b) WITH REGARD TO CONFORMING THE LIST OF VOTING PRECINCTS CONTAINED IN THE VARIOUS CITY COUNCIL DISTRICTS TO ORDINANCE NO. 2002-00009 ENACTED JANUARY 23, 2002; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (22.) Ordinance No. 2002-00043 to amend Chapter 13 of the Lubbock Code of Ordinances to adopt the "Property Maintenance Code of the City of Lubbock" (first reading). ORDINANCE NO. 2002-00043 AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTING THE 2002 PROPERTY MAINTENANCE CODE; PROVIDING A 274 Regular City Council Meeting April 25, 2002 Page 275 PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The current Substandard Structure Ordinance was adopted on October 20, 1994. Since that time, staff has identified new trends, new issues, new statutory opportunities, and the need to coordinate with other City departments that result in the need to amend Chapter 13 of Lubbock Code of Ordinances. The major changes address the following issues: • Occupying sub -standard structures prior to hearing; • Health and Safety issues; • Civil penalties; • Recovering administrative costs; • Maintenance of fences; • Coordinating with the (new Building Inspection) codes; and • Creating definitions for manufactured homes, mobile homes and incomplete construction. A sheet was attached providing more detail about the changes. Staff has been meeting with a citizen's focus group representative of the community on different code issues. The new "Property Maintenance Code" was presented to the focus group and they supported the new code. In addition, the Structural Standard Commission voted to support the new code at their April meeting. Staff recommended approval of first reading of this ordinance. (23.) Ordinance No. 2002-00044 to amend Chapter 16 of the Lubbock Code of Ordinances in regard to amending the definition of a junk vehicle; relocation of public nuisances; providing a savings clause; and providing for publication (first reading). ORDINANCE NO. 2002-00044 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEFINTIONS RELATED TO JUNKED VEHICLES; RELOCATION OF PUBLIC NUISANCE TO ANOTHER LOCATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This amendment will make the City of Lubbock Code of Ordinances regarding the definition of a junk vehicle and the relocation of public nuisances consistent with the State Statute. The new definition reduces the criteria requirement on junk vehicles, which will result in more junk vehicles to be cited. Another change in the definition reduces the number of consecutive days an inoperable vehicle can remain on a property from 45 days to 30 days. In addition, this amendment states the relocation of a junk vehicle to another site has no effect on the proceedings if it still constitutes a public nuisance at a new location. Staff recommended approval of first reading of this ordinance. (24.) Ordinance No. 2002-00045 abandoning and closing a ten -foot underground utility easement located in Lot 1, Litton Addition to the City of Lubbock (1818 North Martin Luther King, Jr. Boulevard) (first reading). 275 Regular City Council Meeting April 25, 2002 Page 276 ORDINANCE NO. 00045 AN ORDINANCE ABANDONING AND CLOSING A TEN FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 1, LITTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS 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 10-foot by 305-foot underground utility easement located in the northwest portion of Lot 1, Litton Addition. This is located just east of the intersection of North Martin Luther King, Jr. Boulevard and Northeast Loop 289. This easement was dedicated when this property was platted and is no longer needed. The requestor of this closure is the South Plains Food Bank and Breedlove Plant and it is being closed for building expansion purposes. Staff recommended approval of first reading of this ordinance. (25.) Ordinance No. 2002-00046 abandoning and closing a portion of 98"' Street in Section 14, Block E-2, Lubbock County, Texas (9715 Orlando Avenue) (first reading). ORDINANCE NO. 2002-00046 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 98`'' STREET LOCATED IN SECTION 14, 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 0.137-acre portion of 98`' Street that was dedicated when the Kingsgate Addition was platted. This street portion is located on the east side of Orlando Avenue at 98' Street. In 1994, TxDOT reconstructed the 98' and Quaker Avenue intersection and moved 98`' Street southward leaving several pieces of 98' Street to be closed. Recently, the south half of this 98' Street piece was closed and this ordinance closes the north half at this location. The requestor of this closure was not the original dedicator, so there will be a charge for this street area. This tract of land is 55.00 feet in width along Orlando Avenue. The City has been selling the excess right-of-way along Indiana Avenue for $5 per front foot and the Right -of -Way Department recommended the same for a sales price to the abutting property owner, Larry Davidson, of $275. There are two additional reasons for this, first the street area is not platted and the water and sewer pro-ratas would have to be paid upon platting, and second, nothing will ever be able to build on this street area because it will always remain as an easement since there are at least three major utility lines running east to west across it. Staff recommended approval of first reading of this ordinance. (26.) Ordinance No. 2002-00047 abandoning and closing a portion of a 5- foot underground utility easement and two six-foot by eight -foot switch enclosure easements for LP&L located in Lot 1, Village Center to the City of Lubbock (5610 West Loop 289) (first reading). ORDINANCE NO. 2002-00047 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5 276 Regular City Council Meeting April 25, 2002 Page 277 FOOT UNDERGROUND UTILITY EASEMENT AND TWO 6 FOOT BY 8 FOOT LP&L SWITCH ENCLOSURE EASEMENTS LOCATED IN LOT 1, VILLAGE CENTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS 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 portion of an LP&L 5-foot underground utility easement and two switch enclosure easements located in Lot 1, Village Center Addition. This is located just west of West Loop 289 and north of Spur 327. This property is being re -platted into two lots and new easements have been dedicated on the final plat to replace them. Staff recommended approval of first reading of this ordinance. (27.) Ordinance No. 2002-00048 abandoning and closing a portion of 14te Street located adjacent to Block 147 and Block 163, Original Town Addition to the City of Lubbock (1212 14`n Street) (first reading). ORDINANCE NO. 2002-00048 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 14`h STREET LOCATED ADJACENT TO BLOCK 147 AND BLOCK 163 ORIGINAL TOWN 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. Recently the City of Lubbock passed an ordinance abandoning and closing a portion of 14`' Street just to the west of Avenue K for the new Omni Office Center. The survey company who is preparing the final plat adjusted the west end of the area of 14`h Street being closed for a slightly different curve radius and 45.3 square feet of additional street area is needed to be closed. This area being closed will remain as an easement and the City will receive $45.30 for the additional area being closed. Staff recommended approval of first reading of this ordinance. (28.) Ordinance No. 2002-00049 authorizing the Mayor to amend subsection 26-22(b)(2) of the Code of Ordinances providing for adjustment of distribution of Hotel Occupancy tax funds in accordance with City Council resolutions as needed (first reading). ORDINANCE NO. 2002-00049 AN ORDINANCE AMENDING SUBSECTION 26-22(b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO PROVIDE FOR ADJUSTMENT OF DISTRIBUTION OF HOTEL OCCUPANCY TAX FUNDS IN ACCORDANCE WITH CITY COUNCIL RESOLUTIONS AS NEEDED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The ordinance will be changed to more general language allowing for future changes to the Hotel Occupancy tax to be made by resolution. Future changes to the distribution of hotel occupancy tax funds will no longer require an amendment to subsection 26-22(b)(2) of the Code of Ordinances. Staff recommended approval of first reading of this ordinance. 277 Regular City Council Meeting April 25, 2002 Page 278 (29.) Resolution No. 2002-RO141 authorizing the Mayor to change the end of year true -up procedures for Hotel/Motel Tax revenue allowing for revenue to be set in a Special Projects Fund to fund projects as approved by the City Council. RESOLUTION NO. 2002-RO141 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the distribution of hotel occupancy tax revenues in accordance with the schedule attached hereto as Exhibit A and made a part hereof for all purposes. Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of Exhibit A is filed with Resolution No. 2002-R0141. The Hotel Motel Tax ordinance was last revised in 1995. Since then the funds received from the hotel/motel tax levied have been distributed as follows: Culture/Leisure facility Renovation & debt 18.58 % Historic preservation & restoration Ft. Worth & Denver Depot Civic Center Marketing 8.19% Convention & Tourism Bureau 42.86 % Lubbock Arts Alliance 5.71 % Municipal Arts Administration 5.71 % Visitor Information Center 2.87% Inbound Tourist Travel 1.07 % Visiting Participatory & Spectator Sports 11.43 % Tourism Reserve Fund 3.57 % The attached resolution is not changing the distribution schedule noted above. The allocations will continue to be prorated by the same methodology, however a cap of 3 % growth will be used for true -up payments for FY 01-02. Funds in excess are to be dedicated in a separate fund called Special Projects Fund. Projects funded with this fund will be approved by the City Council. The true -up process will be phased out over the next two fiscal years. 278 Regular City Council Meeting April 25, 2002 Page 279 For the 2001-02 Revised Budget, all distributions will be 100% of budget and only 3 % above budget. For the 2002-03 Budget, all distributions will be 100% of budget and only 1 1/2 %above budget. For FY 2003-04 and beyond, all distributions will be 100% of budget only. Any Hotel/Motel revenue received above budget will not be distributed; all monies received over budget will go to the Special Projects Fund. Staff recommended approval of this resolution. Next item to be considered was Item No. 31. (30.) Resolution No. 2002-RO163 authorizing the Mayor to sign an amended agreement between Civic Lubbock, Inc. and the City of Lubbock. This item was considered following Item No. 51. RESOLUTION NO. 2002-RO163 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a License Agreement for use of the Lubbock Auditorium/Coliseum and Civic Center and any associated documents by and between the City of Lubbock and Civic Lubbock, Inc., a Texas Non -Profit Corporation, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 279 Regular City Council Meeting April 25, 2002 Page 280 APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, 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-R0163. The proposed amended agreement between the City of Lubbock and Civic Lubbock, Inc. combines all prior executed amendments from 1999 to the present into one document. The amendment also provides for the City to transfer the computerized ticketing operation, Select -a -Seat, back to Civic Lubbock, Inc. The Select -a -Seat operation was originally established in 1990 and was owned and operated by Civic Lubbock, Inc. In 1996, this operation and associated equipment was transferred over to the City when Civic Lubbock, Inc. was re -structured. By transferring the operation back to Civic Lubbock, Inc., the organization will be able to expand their programs and further fulfill their chartered purpose, which is to foster and promote cultural, educational and entertainment programs and activities for the citizens of Lubbock and the surrounding area. In consideration for taking back the ticketing operation, the amended agreement also provides for the City to pay to Civic Lubbock, Inc. the amount of $160,000 per year for two years. These funds will be used to sponsor recreational skating programs and tournaments, with the provision that Civic Lubbock, Inc. will reimburse to the City any profits from the ticketing operation generated during the 2002/2003 fiscal year. These programs are an enhancement to the quality of life for the youth and citizens of the area and also bring in visitors through tournaments. The amended agreement also extends the term of the agreement for an additional eight years. This will allow Civic Lubbock, Inc. to expand their programs even further with the potential revenue from the ticketing operation. Tommy Gonzalez, Assistant City Manager and Nancy Haney, Community Development Manager, made staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember McDougal seconded by Councilmember Nelson to pass Resolution No. 2002-RO163 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 52. (31.) Resolution No. 2002-RO142 authorizing the Mayor to execute an alley - use license with Depot Alley, LLC for the use of a City alley in Block 214 Original Town Addition as part of a pedestrian mall (1701 Texas Avenue) . RESOLUTION NO. 2002-RO142 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK Regular City Council Meeting April 25, 2002 Page 281 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 Alley Use License with associated documents with Depot Alley, LLC for a pedestrian mall. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 25th day of April, 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/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution No. 2002-R142. Nola and Damon Richards, doing business as Depot Alley, LLC own the majority of the property in Block 214, Original Town Addition. This property is in the Depot District and is bounded on the north by 171h Street, on the east by Buddy Holly Avenue, on the south by 181h Street, and on the west by Texas Avenue. Working with the adjacent property owners in this block, they desire to turn this entire block into a pedestrian mall with art galleries, a restaurant, shops, and landscaping. In order to do this, they are asking for an alley -use license so they can install a gate at each end of the alley to keep cross traffic out and for the protection of mall customers. This alley will remain open for utilities. The existing dumpsters will be relocated to the east and to the south of this block for garbage collection. The adjacent property owners have given their permission for this dumpster relocation. This alley -use license will be for twenty years, payable every five years in advance. The City will receive $1,040 per year or $5,200 for each five-year period. Staff recommended approval of this resolution. (32.) Resolution No. 2002-RO143 authorizing the Mayor to execute a monitor well permit with Llano -Permian Environmental for a monitor well on City property (1640 131b Street). RESOLUTION NO. 2002-RO143 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Llano Permian Environmental. Said agreements are attached hereto and Regular City Council Meeting April 25, 2002 Page 282 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 25th day of April, 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/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution No. 2002-R143 This monitor well permit allows Llano -Permian Environmental to drill a ground water monitor well on City property northwest of City hall. This monitor well will be drilled on the west side of the City hall parking lot just north of 131h Street and east of the service station at 1219 Avenue Q. The service station had an underground leaking fuel tank and the TNRCC has requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. Staff recommended approval of this resolution. (33.) Resolution No. 2002-RO144 authorizing the Mayor to execute a monitor well permit with Townsend -Strong, Inc. for a street right-of- way monitor well (1102 East 50`h Street). RESOLUTION NO. 2002-RO144 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Townsend -Strong, Inc. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON 282 Regular City Council Meeting April 25, 2002 Page 283 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/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution No. 2002-R0144. This monitor well permit allows Daniel B. Stephens & A14ssociates, Inc. to drill a ground water monitor well in City street right-of-way. This monitor well will be drilled just east of King Avenue on the south side of east 52" Street. Scott Manufacturing at 918 East 50' Street had an underground leaking fuel tank and the TNRCC has requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. Staff recommended approval of this resolution (34.) Resolution No. 2002-R0145 approving the plans or schematics for paving improvements on a street to be included in an assessment program. The street is Frankford Avenue from 82°d Street to 981' Street. RESOLUTION NO. 2002-ROl_45 WHEREAS, the City Council on October 11, 2001, passed Resolution No. 2001- R0393 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 the City Council this 25th day of April, 2002. /S/ WINDY SITTON 283 Regular City Council Meeting April 25, 2002 Page 284 WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice This resolution is the second of five resolutions associated with an assessment program for the construction of paving improvements approved by the City Engineer as follows: Frankford Avenue from 82°d Street to 98`' Street. The plans or schematics for the streets and alleys have been prepared by City staff and are available for inspection in the City Engineer's office. Staff recommended approval of this resolution. (35.) Resolution No. 2002-RO146 authorizing Citibus General Manager to execute a Federal Transit Administration FY 2002 Section 5309 Discretionary Grant. RESOLUTION NO. 2002-RO146 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mr. John Wilson, Citibus General Manager is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a grant between the Federal Transit Administration and the City of Lubbock for a FY2002 Section 5309 Discretionary Grant, and all related documents. Said Grant Application 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 25th day of April, 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: 284 Regular City Council Meeting April 25, 2002 Page 285 /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Grant Application is filed with Resolution No. 2002-R0146. The Federal Transit Administration has allocated $990,029 to The City of Lubbock/Citibus for a FY 2002 Section 5309 Discretionary Grant. The grant is to be used for Phase II of the Texas Tech University Park and Ride Lot. The lighted park and ride lot will have approximately 1500 parking spaces, bike racks, passenger amenities and a dedicated bus lane. Citibus will shuttle students, faculty, and visitors from the lot to the main campus for classes and special events. The grant for Phase I of the park and ride lot will be amended to include the funds allocated for the FY 2002 grant. Toll credits from the Texas Department of Transportation will allow for the Federal Transit Administration funds to be used at 100%, meaning no local match will be required. The toll credits have been awarded and are on the agenda for this City Council meeting. Federal Transit Administration regulations require that all grants must be applied for and executed electronically. Therefore, Citibus would like to request that the Mayor allow John Wilson, Citibus General Manager, to execute this grant, once approved by the City Council. Acceptance of the agreement will result in no additional cost to the City of Lubbock. Staff recommended approval of this resolution. (36.) Resolution No. 2002-RO147 authorizing the Mayor to execute Contract No. 51205F3012 with the Texas Department of Transportation (TxDOT) for capital assistance. RESOLUTION NO. 2002-RO147 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 Texas Department of Transportation and the City of Lubbock to execute Contract No. 51205F3012 for capital assistance, 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 25th day of April, 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: 285 Regular City Council Meeting April 25, 2002 Page 286 /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0147, TxDOT is allocating $6,195 of public transportation funds to the City of Lubbock for capital investments. The funds will be used to purchase Q' Straints, a restraining system used to secure wheelchairs in the paratransit vans. The contract becomes effective when fully executed by both parties or on April 1, 2002, whichever is later. The contract will terminate on April 30, 2003. Toll credits from the Texas Department of Transportation will allow for the funds to be used at 100 %, no local match will be required. No additional funding will be needed from the City of Lubbock. Staff recommended approval of this resolution. (37.) Resolution No. 2002-RO148 authorizing the Mayor to execute an Agreement for Issuance of Toll Credits on Public Transportation Projects, State Project Number TC 0202 (05). RESOLUTION NO. 2002-RO148 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an agreement between the Texas Department of Transportation and the City of Lubbock for issuance of Toll Credits on Public Transportation Projects, State Project Number TC 0202 (05), and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 25th day of April, 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 Agreement is filed with Resolution No. 2002-R0148. TxDOT is allocating 247,579 Toll Credits to be used for a park and ride lot at Texas Tech University. The toll credits will allow for the Federal Transit Administration funds to be used at 100%, no local match will be required. Acceptance of the agreement will result in no additional cost to the City of Lubbock. Regular City Council Meeting April 25, 2002 Page 287 Staff recommended approval of this resolution. (38.) Resolution No. 2002-RO149 authorizing the Mayor to execute amendment #1 to the multi -year grant agreement between the Federal Aviation Administration and the City of Lubbock. RESOLUTION NO. 2002-RO149 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to a Grant Agreement, dated September 27, 2001, for Project No. 3-48-0138-23-01 between the City of Lubbock and the Federal Aviation Administration, and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting April 25, 2002 Page 288 Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Aviation Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2002-R0149. Lubbock International Airport is eligible to receive annual entitlement funds from the Federal Aviation Administration under the Airport Improvement Program. Funds under this program are restricted to safety and capacity improvements at the nation's airports. This year, Lubbock International is entitled to approximately $3,465,000. This year, $1,779,199 of LIA's entitlements will go toward the completion of a project started last year under a multi -year grant agreement with the FAA. All remaining projects scheduled for this year, however, have been postponed pending direction from the FAA regarding the possibility of TSA mandated security projects. This agenda item would authorize staff to accept $1,779,199 in entitlement funds under the Airport Improvement Program to complete the Airport Cargo Apron project that was started under last year's grant. This project was reviewed and approved by the City Council during the FY 2001-2002 budget process. Staff recommended approval of this resolution. (39.) Resolution No. 2002-RO150 authorizing the Mayor to execute an agreement between the City of Lubbock and Umbrella Entertainment Group, d/b/a The Air Show Network. RESOLUTION NO. 2002-RO150 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Umbrella Entertainment Group d.b.a. The Air Show Network to provide coordination and production of Air Shows at Lubbock International Airport, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Regular City Council Meeting April 25, 2002 Page 289 Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 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 Agreement is filed with Resolution No. 2002-R0150. This item involves the approval of a contract between the City of Lubbock and Umbrella Entertainment Group, d/b/a/ The Air Show Network, for the management of an air show at Lubbock International Airport. The agreement covers a total of three shows, the first taking place September 7-8, 2002, and the remaining two taking place every other year thereafter. Under the agreement, The Air Show Network will manage all aspects of the air show operation and will provide seating, chalet tents, barriers, restrooms, communication equipment, and security/emergency personnel. The Air Show Network will be compensated for the actual cost of putting on the air show and, as compensation for its management services, will receive 10% of the gross revenue from the sale of admission tickets. The Air Show Network will also provide all concession sales and services for the show, and the City of Lubbock will receive 20 % of the concession revenues. A significant source of revenue for the air show will be sponsorship sales to both national and local companies. The City will retain 100% of all sponsorship sales. A breakdown of anticipated revenues and expenditures for the 2002 air show was attached for review. The Airport Board has reviewed the agreement and recommended approval. Staff also recommended approval of this resolution.. (40.) Resolution No. 2002-RO151 authorizing the Mayor to execute an amendment No. 1 to Interlocal Cooperative Agreement by and between West Texas Centers for Mental Health and Mental Retardation and the City of Lubbock for grounds maintenance at Lake Alan Henry. RESOLUTION NO. 2002-RO151 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the Interlocal Cooperative Agreement dated April 22, 1999, by and between West Texas Regular City Council Meeting April 25, 2002 Page 290 Centers for Mental Health and Mental Retardation and the City of Lubbock, and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Managing Director of Water Utilities APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2002-R0151. The public access area, "Sam Wahl Recreational Area", located at Lake Alan Henry in Garza County has been open to the public since 1991. Initially, litter and trash collection was performed by volunteer groups and individuals performing community service. The City entered into an interlocal cooperative agreement in 1999 with MHMR to provide weekly litter and trash collection (grounds maintenance) for the Sam Wahl Recreational Area. The service contract automatically renews each year unless one of the parties cancels the contract. The contract requires MHMR crews to pick up litter deposited on the grounds once per week during the slow part of the year (November -March), and twice per week during the peak part of the year (April -October). The total of this initial contract was $7,055 per year, which includes a total of 83 "cycles" or trips to the lake to perform the work, at $85 per cycle. Because of the continued increase in public use, it has become necessary to increase the frequency of the litter collection, and also to change the days upon which the service is performed. Initially, litter crews would pick up trash on Tuesdays and Fridays during the peak time of the year (April -October). However, Friday afternoons through Sunday evenings are the busiest times of the week, so the majority of the trash is littered on the area on those days. Wind -driven litter becomes deposited in the lake in the interim between Fridays and Tuesdays, when the MHMR crew would return to pick up trash. Also, this amendment would require three "cycles" or trips to the lake to pick up trash, instead of only two cycles during the peak visitation season. Two cycles per week has become insufficient to keep up with the volumes of litter and trash generated by the public at the Recreational Area. This amendment includes an increase of frequency of 85 cycles to 115 cycles. The crews would be required to pick up litter on the area once per 290 Regular City Council Meeting April 25, 2002 Page 291 week from November 1 to February 28; twice per week between March l- and April 30, and three times per week (cycles performed on Thursdays, Saturdays and Mondays ONLY) from May 1 to October 31. The total annual contract amount would increase from $7,055 to $9,775. Staff recommended approval of this resolution. (41.) Resolution No. 2002-RO152 authorizing the Mayor to execute the grant application and agreement regarding the United State Environmental Protection Agency (USEPA) Federal Grants for Vulnerability Assessments, Emergency Operations Plans, and Security Enhancement Planning and Design at large drinking water utilities. RESOLUTION NO. 2002-RO152 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a grant: application, grant agreement and any associated documents by and between the City of Lubbock and the United States Environmental Protection Agency for drinking water security and vulnerability assessment purposes, a copy of which grant application and associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Public Works APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 2002-R0152. Following the events of September 11, 2001, the USEPA received a supplemental appropriation to improve the safety and security of the Nation's water supply. The funding is intended to reduce the vulnerability of water utilities to terrorist attacks and to enhance their security and ability to respond to emergency situations. In support of that goal, USEPA developed a grant program to fund the following activities at the Nation's largest water utilities: • Development of a Vulnerability Assessment. This is the highest priority activity under this grant program, since it is the first step in understanding where a water utility can be damaged by a terrorist attack. • Development of an Emergency Operations Plan. 291 Regular City Council Meeting April 25, 2002 Page 292 • Plan and Design Security Enhancements. USEPA is soliciting grant applications from publicly owned community water systems that serve 100,000 or more people on a regular basis and are interested in applying for Federal grants to fund a Vulnerability Assessment. USEPA will award grants to all eligible water utilities. Each award will be up to $115,000 to be used for the three allowable activities cited above. Grant applications were made available to water utilities on March 28, 2002. To be eligible for the Federal Grants described above, the grant application must reach the USEPA by 4:00 P.M Eastern Time on April 29, 2002. Staff recommended approval of this resolution. (42.) Resolution No. 2002-RO153 authorizing the Mayor to approve an application for a State administered, Federally financed Click It Or Ticket Step Program, with emphasis on seatbelt and child restraint compliance, targeting reduction in death and serious bodily injury due to non -restrained drivers and passengers. RESOLUTION NO. 2002-RO153 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 and accept for and on behalf of the City of Lubbock a $40,000.00 Grant Agreement for the Click IT or Ticket Campaign Selective Traffic Enforcement Program and any associated documents, by and between the City of Lubbock and the Texas Department of Transportation. Said Grant 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 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Interim Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 2002-R0153. This is a grant program utilizing off duty personnel working overtime to enforce non -usage of seat belts and child restraints. This enforcement program addresses two major holiday periods, Memorial Day/Buckle Up America May 20- June 2, 2002, and Thanksgiving November 25- December 1, 2002. Awards for this grant have been set beginning April 25, 2002 upon approval of the Lubbock City Council. This is a 100% grant in the 292 Regular City Council Meeting April 25, 2002 Page 293 amount of $40,000 to be administered during the 21 days of enforcement between May 20 and December 1. The Police Department recommended approval of this resolution. (43.) Resolution No. 2002-RO154 authorizing the Mayor to execute for and on behalf of the City of Lubbock a Settlement Agreement in Cause No. 2001-512,791 in the amount of $71,000. 293 Regular City Council Meeting April 25, 2002 Page 294 RESOLUTION NO. 2002-RO154 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 settlement agreement in Cause No. 2001-512,791. 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 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Trial Attorney A copy of the Agreement is filed with Resolution No. 2002-R0154. This lawsuit pertains to an individual who sued the City of Lubbock following injuries he sustained on City property while participating in activities in applying for a position with City of Lubbock as a peace officer. This lawsuit was discussed with the City Council in executive session and authority was given by them to negotiate a settlement. The Settlement Agreement is within the parameters authorized by the City Council. Staff recommended approval of this resolution. (44.) Resolution No. 2002-RO155 adjusting the salary of Presiding Judge, Municipal Court, and setting other parameters for salary review/adjustment by the City Council with regard to the position of Presiding Judge, Municipal Court. RESOLUTION NO. 2002-RO155 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to establish salary parameters for the office of Municipal Judge, Division One, of the Lubbock Municipal Court of Record, and to establish the salary for the existing Judge of said Court for the period from May 1, 2002, through April 30, 2004; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1) THAT the base salary for the position of Presiding Judge, Lubbock Municipal Court of Record, shall be $84,000.00 per annum; 294 Regular City Council Meeting April 25, 2002 Page 295 2) THAT the salary for the Presiding Judge, Lubbock Municipal Court of Record, shall be reviewed by the City Council every two (2) years following the initial election of a particular individual as Presiding Judge of the Municipal Court of Record; 3) THAT in accordance with Sec. 30.0006(h), Government Code, the salary of the Presiding Judge of the Municipal Court of Record shall not be lowered during the Presiding Judge's term of office; 4) THAT the salary of the current Presiding Judge of the Municipal Court of Record for the City of Lubbock shall be increased to $90,720.00 per annum, effective May 1, 2002, and that level of compensation shall remain effective through April 30, 2004, at which time the compensation level shall be reviewed commensurate with the provisions of subparts 1-3 above; and 5) THAT upon passage of this Resolution, the City Manager or his designee shall make such changes to the municipal budget as shall be necessary to implement this Resolution. Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The salary for the position of Presiding Judge, Municipal Court has not been adjusted since May of 2000. The salary may be adjusted upward during the term of office (refer to comments of Don Vandiver in recent memo), which in this case runs from May 2000 to May 2004. The Presiding Judge, in addition to responsibilities managing an active trial court, has administrative responsibility for approximately thirty personnel, an annual budget of $1.25 million, and gross revenues of approximately $6,000,000. The Municipal Court, City of Lubbock, is arguably the busiest court in the State of Texas. The annual case load (per full-time judge [one in Lubbock]) is approximately twice that of the next busiest Municipal Court (Houston —19 full-time judges), and increased multiples over any other court in the state, including other Municipal Courts, JP Courts, District Courts, and County Courts at Law. The most accurate market comparison for this position is arguably a County Court at Law of District Court position. Most Municipal Court positions are not full time and most do not require an attorney's license, and would not be considered even a lateral move. CCL and/or District 295 Regular City Council Meeting April 25, 2002 Page 296 court positions, on the other hand, are the positions that the Presiding Judge -Lubbock would normally aspire to and would consider most seriously as a positive career move. The salaries of CCL and District Court judges are $110,000 and $111,000, respectively. The Municipal Court Judge requested consideration of this salary adjustment. (45.) Resolution No. 2002-R0156/RFP #254-01/RW-for Video Camera Monitoring System (Water Treatment). RESOLUTION NO. 2002-RO156 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 a video camera monitoring system, by and between the City of Lubbock and Integrated Access System of Dallas, 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 25th day of April, 2002. /S/ WINDY SITTION 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-R0156. This project involves the installation of a video camera monitoring system at the Water Treatment Plant. The contract includes the installation of a video camera system to monitor personnel and hazardous areas of the plant, and for plant security. Proposals were submitted from the following firms: • Integrated Access System of Dallas, Texas • Goff Communications of Sarasota, Florida • Lubbock Audio Visual of Lubbock, Texas • ADT Security Service of Carrollton, Texas The selection committee members evaluated the presentations using the methods and criteria prescribed by the City of Lubbock Purchasing Department. The evaluation criteria in the RFP included: 1) Past similar project experience (20%); 2) Demonstrated knowledge and understanding of the project (20%); 3) Substantial representations regarding the firm's qualifications and demonstrated design skill appropriate to this project and 296 Regular City Council Meeting April 25, 2002 Page 297 the technical capabilities and professional competence of the proposer and assigned personnel (10%); 4) Substantial capability to meet schedules and deadlines as well as the capability to complete projects without having major cost escalations, change orders or overruns (20%); 5) Record of performance based on previous work with the City and/or other client references (20%); and 6) Cost (10%). Each committee member reviewed and rated each proposal, and then the committee met as a group and made the following ratings. The selection committee ranked the firms as follows: 297 Regular City Council Meeting April 25, 2002 Page 298 1. Integrated Access System 91 2. Goff Communications 84 3. Lubbock Audio Visual 53 4. ADT Security Service 35 The committee members requested the top three rated firms to present oral presentations. Evaluations of the presentations were made using the methods and criteria prescribed by the City of Lubbock Purchasing Department. The selection committee ranked the oral presentations as follows: 1. Integrated Access System 11.75 2. Goff Communications 8 3. Lubbock Audio Visual -0.5 The selection committee recommended contract award to Integrated Access System of Dallas, Texas. The contract amount of $193,153 is within the Water Utilities Security budget. (46.) Resolution No. 2002-R0157/BID #031-02/RS-for Three Wheel Parking Control Vehicles (Fleet Services). RESOLUTION NO. 2002-RO157 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 #031-02/13M for three wheel parking control vehicles, by and between the City of Lubbock and Mission Golf Cars & Industrial Vehicles of San Antonio, 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 25th day of April, 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 Purchase Order is filed with Resolution No. 2002-R0157. This bid is for the purchase of two Parking Control Vehicles for the Police Department. WE Regular City Council Meeting April 25, 2002 Page 299 The Police Department Parking Control Unit uses three -wheel vehicles in the enforcement of timed parking zones in the downtown area, Texas Tech area, and around three of the city's high schools. Parking Control personnel issue approximately 55,000 parking citations each year. Enforcement action requires personnel to drive near parked vehicles and mark the rear tires. This requires a "center -drive" vehicle since parking control personnel must be able to mark tires from either the right or left side of their vehicle. The GO-4 Interceptor vehicle from Mission Golf Cars & Industrial Vehicles of San Antonio, Texas is the only center -drive vehicle manufactured with an automotive drive train and on an automotive chassis. This allows the city's Fleet Services Department to perform all maintenance on the vehicle and to easily obtain parts. In addition, the service life of the GO-4 Interceptor vehicle is two to three times longer than the recreational three -wheel vehicle. Before the Parking Control Unit began using the GO-4 Interceptor vehicles in 1997, three -wheel recreational vehicles were used. The recreational vehicles required all repairs at a specialized shop and "down- time" was lengthy. In addition, out -of -warranty service was expensive. Since using the GO-4 Interceptors, the Police Department has found them to sustain less damage in minor traffic collisions. Recreational vehicles have a higher center of gravity and tend to roll over much easier. The low bid is $46,076 from Mission Golf Cars & Industrial Vehicles of San Antonio, Texas and is within the Capital Outlay -Motor Vehicle budget. (47.) Resolution No. 2002-R0158/BID #050-02/BM-for Bailey County Well Field Meter Replacement (Water Production and Control). RESOLUTION NO. 2002-RO158 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 #050-02/13M for Bailey County well field meter replacement, by and between the City of Lubbock and K. W. Sharp, Inc. 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. Passed by the City Council this 25th day of April, 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: 299 Regular City Council Meeting April 25, 2002 Page 300 /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0158. This bid is for the replacement of 25 four -inch water well meters and five six- inch water well meters. The new meters will achieve a more efficient water production accountability and will replace old and outdated water well meters that are not SCADA compatible. The low bid is $55,661.75 from KW Sharp, Inc. of Lubbock, Texas and is within Well Field Rehab and Replacement budget. (48.) Resolution No. 2002-R0159/BID #053-02/BM-for Patriot Plaza Parking Lot (Aviation). RESOLUTION NO. 2002-RO159 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 Patriot Plaza Parking Lot, by and between the City of Lubbock and Allen Butler Construction, Inc., of Ransom Canyon, 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 25th day of April, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 25th day of April, 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 Allen Butler Construction, Inc., of the City of Ransom Canyon, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 300 Regular City Council Meeting April 25, 2002 Page 301 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 #053-02/13M - PATRIOT PLAZA PARKING LOT - $913,728.49 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ H. David Jones Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Allen Butler Construction, Inc. Bv: /s/ Allen Butler PRINTED NAME: Allen Butler TITLE: President COMPLETE ADDRESS: Allen Butler Construction, Inc. #24 South Lakeshore Drive Ransom Canyon, Texas 79366 This bid involves the reconfiguration and overlay of the public parking lot at the old airport terminal building. This project will improve the appearance and usability of the parking lot. The current parking lot is badly deteriorated with potholes and failed base. The improvements will also provide the required parking for the Silent Wings Museum. The low bid is $913,728.49 from Allen Butler Construction of Ransom Canyon, Texas and is within the Construction for Reconfigure and Overlay Public Parking Lots budget. (49.) Resolution No. 2002-R0160/BI1D #057-02/BM-for City of Lubbock Landfill ell VI Expansion (Solid Waste). 301 Regular City Council Meeting April 25, 2002 Page 302 RESOLUTION NO. 2002-RO160 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 citizen collection/transfer station at Caliche Canyon Landfill, by and between the City of Lubbock and Onyx Contractors, LP of Odessa, 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. 302 Regular City Council Meeting April 25, 2002 Page 303 Passed by the City Council this 25th day of April, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 17th day of April, 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 Onyx Contractors LP, of the City of Odessa, 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 #057-02/13M - CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION - $336,770.00 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. 303 Regular City Council Meeting April 25, 2002 Page 304 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ John Cobb Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Onyx Contractors LP By: /s/ Joe Ramirez PRINTED NAME: Joe Ramirez TITLE: President COMPLETE ADDRESS: Onyx Contractors LP 1890 North Mercury Odessa, Texas 79763 The Solid Waste Department is planning on operating a Type IV construction and demolition pit called Cell VI at the old landfill, Municipal Solid Waste #69 located at 8524 North Ave P. This Cell has been 75 % excavated by City crews over the past five years. The remaining excavation, slope and berm construction, lining and testing needs to be completed by a contractor as the Solid Waste Department is involved with a major excavation project at the new landfill in Abernathy. The contractor will excavate the remaining soil and establish a subgrade on the floor, construct the slope and berms needed and install a flexible membrane liner and perform the testing required by the State of Texas over an area of approximately 495,000 square feet. Once completed, Cell VI will allow citizens to dispose of construction and demolition type material at a location closer to the City than the current new landfill, which is a 30-mile round trip on average. The low bid is $336,770 from Onyx Contractors, LP of Odessa, Texas and is within the Solid Waste Capital Projects budget. (50.) Resolution No. 2002-R0161/BID #074-02/RS-for Sod Material (Parks Department). RESOLUTION NO. 2002-RO161 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 Letter of Award for sod materials - 6 month pricing - per Bid #074-02/RS, by and between the City of Lubbock and H Bar H Turf Farm of Idalou, Texas, and related documents. Said Letter of Award 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. 304 Regular City Council Meeting April 25, 2002 Page 305 Passed by the City Council this 25th day of April, 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 Letter of Award is filed with Resolution No. 2002-R0161. The Parks and Recreation Department has agreed to make some necessary improvements to the soccer fields at the Berl Huffman Complex. The Lubbock Soccer Association (LSA) Board members have agreed to lay out six fields so that staff can accomplish these improvements prior to their annual Memorial Day Tournament that annually registers over 175 teams translating to over 2600 players. The improvements include grading and leveling of uneven field surfaces, _ replacement of sod with two more durable type hybrid Bermuda grasses known as Tifton 10 and Tifway 419, and several more cycles of aeration of the remaining fields. In addition, the Parks and Recreation Department intends to undertake a more aggressive maintenance and improvement scheduling of the remaining fields throughout the rest of the growing season in 2002. Staff believe that these improvements will provide a safer and more competitive playing surface for the more than 2800 participants currently enrolled in the LSA Youth Soccer Spring League. LSA also operates a Youth Soccer Fall League with an enrollment of over 3200 participants. The annual enrollment for LSA Youth Soccer Programs has grown from 3600 to 6000 in just three years. Staff have seen a marked increase in the use of these fields and therefore a significant negative impact on all of the playing surfaces. (51.) Resolution No. 2002-R0162/RFQ #083-02/BM-for Finger Printing Scan System at LIA (Aviation). RESOLUTION NO. 2002-RO162 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 RFQ #083-02/13M a finger printing scan system at LIA, by and between the City of Lubbock and Visionics Corporation of Round Rock, 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. 305 Regular City Council Meeting April 25, 2002 Page 306 Passed by the City Council this 25th day of April, 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 Purchase Order is filed with Resolution No. 2002-R0162. This is an emergency purchase of a fingerprinting scan system for Lubbock International Airport. On December 6, 2001, the FAA passed new regulations requiring airports to conduct an FBI, fingerprint -based, criminal history records check prior to issuing ID's or access privileges to the air carrier ramp area. This rule applies to all new applicants and employees who currently have ID's and access privileges at LIA. The airport is presently collecting fingerprints manually with ink and mailing the fingerprint cards to the FBI. This process takes from four to six weeks and is extremely burdensome on airport tenants and airport staff members. This emergency purchase allows for a live scan fingerprint system that electronically scans, stores, and sends the fingerprints to the FBI. This process has a turn around time of three days. The Lubbock Police Department does not have this type of equipment and could not offer live scan assistance to the airport. This equipment has been purchased from Visionics Corporation of Round Rock, Texas as an emergency purchase. The FAA has agreed to reimburse the City 100 percent of the cost of this purchase through an Airport Improvement Program Entitlement Grant. 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. 30. 11:59 A.M. Mayor Sitton recused from Item No. 56 and was away from the dais for Item Nos. 52-61. PUBLIC HEARINGS ZONING (52.) ORDINANCE NO. 2002-00050/ZONE CASE NO. 2935 (located at the northeast corner of 981h Street and Orlando Avenue): Continued request of Jim Gabriel for a zoning change from R-2 to GO (Garden 306 Regular City Council Meeting April 25, 2002 Page 307 Office) on a parcel of land out of Section 17, Block E2, and to consider ordinance. ORDINANCE NO. 2002-00050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2935; A ZONING CHANGE FROM R-2 TO GO ZONING ON A PARCEL OF LAND OUT OF SECTION 17, BLOCK E2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 12:00 p. in. The request would permit a garden office development on a fragment of land created by the realignment of 98' Street. Adjacent land uses: North - zoned R-2 South - 98`h East - 98`' West - zoned Garden Office The request conforms to the principles of the Comprehensive Land Use Plan and zoning policies. The realignment of 98' Street caused several quirks in the lots in this area. This proposal should match what is across the street and buffer the duplex that is built to the north. The owner of this parcel and the owner of the north half of the closed right-of-way (the duplex owner) have reached an agreement to combine the former right of way as one lot. The request should have little effect on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following condition: That there be a seven -foot brick screening fence with a step down for Orlando on the north property line unless the ZBA approves the lot to the north for parking, then the fence would be required to be moved to the north line of that lot. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00050 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (53.) ORDINANCE NO. 2002-00051/ZONE CASE NO. 1635-A (1612 48`h Street): Hold a public hearing to consider request of Vicente Gonzalez for a zone change from C-4 to R-2 on the center one -fifth of the south half of Lot 4, less east 56 feet, Block 25, Crump Five Acres Addition, and to consider ordinance. ORDINANCE NO. 2002-00051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.1635-A; A ZONING CHANGE FROM C-4 TO R-2 ZONING ON THE CENTER ONE -FIFTH OF THE SOUTH HALF OF LOT 4, LESS EAST 56 FEET, BLOCK 25, CRUMP FIVE ACRES ADDITION, LUBBOCK, EXAS; 307 Regular City Council Meeting April 25, 2002 Page 308 PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 12:00 p. in. The proposal would rezone a lot from commercial to R-2 for development of duplex units by the proponent. The lots to the east are zoned R-2. Adjacent land use is vacant to the east, commercial to the north, south and west. Approval of the request would normally be a minor change to the Comprehensive Land Plan, although in this case the staff is not recommending a formal change. The Plan indicates this entire block as commercial. Since the proposal is on only one lot, a change would not even show on the map. The zone change will enable the owner to build a duplex with zoning that will match the zoning to the east. If the lot(s) to the east are built as duplex units in the future, staff can amend a future update of the Plan to residential and include this lot. As an infill project, this proposal fits zoning policy. The proposal will have no effect on the thoroughfare system. The Planning Commission recommended approval of the request. Staff supports recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00051 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (54.) ORDINANCE NO. 2002-00052/ZONE CASE NO. 2936 (northwest corner of 114th Street and Quaker Avenue): Hold a public hearing to consider request of Henry L. Huneke (for H.A. Sessions) for a zone change from T to C-3 and GO on an unplatted 35.12-acre tract of land out of Section 16, Block E-2, and to consider ordinance. ORDINANCE NO. 2002-00052 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2936; A ZONING CHANGE FROM T TO C-3 and GO ZONING ON AN UNPLATTED 35.12-ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2 LUBBOCK, TEXAS; SUBJECT TO CONDITIONS PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 12:00 p. m. The property owner is requesting zoning for a "policy" allotment of commercial at the corner of 114`' and Quaker with the surrounding area as Garden Office. Adjacent land use in all directions is vacant, some residential is developing to the west. The proposal is consistent with both the Comprehensive Land Use Plan and zoning policies. The amount of Garden Office is more generous than 308 Regular City Council Meeting April 25, 2002 Page 309 staff have seen at other locations, but that is a marketing issue for the developer. Staff would remark for the record that the GO designation should not be considered a springboard for future commercial rezoning. If the designation is being used as a placeholder, any zone case in the future should be back toward residential use versus commercial use. The proposal should have no more than an anticipated effect on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following condition: A proposed site plan and building elevation(s) shall be reviewed by the Planning Commission prior to the issuance of a construction permit. Staff recommendaed approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00052 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (55.) ORDINANCE NO. 2002-00053/ZONE CASE NO. 2937 (602-618 43rd Street): Hold a public hearing to consider request of Gilbert Arredondo (for M&M Homes) for a zone change from R-3 to R-1 on Lots 10-18, Block 1, H.L. Pharr Addition, and to consider ordinance. ORDINANCE NO. 2002-00053 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2937 A ZONING CHANGE FROM R-3 TO R-1 ZONING ON LOTS 10-18, BLOCK 1, H.L. PHARR ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Cooke opened the public hearing at 11:59 a. in. No one appeared in opposition. Mayor Pro Tem Cooke closed the hearing at 12:00 p. in. The proposal would rezone a row of lots from R-3 to R-1 for development of single family. Single family or duplex homes are not a permitted use in the R-3 District, which is a high- density apartment district. Adjacent land use: North - residential South - residential and commercial East - residential West - commercial The proposal is within the policy district for Interstate Commercial, but remains as residential on the current Comprehensive Land Use Plan. As such, the request conforms to the current Plan. The policy district was developed in conjunction with the adoption of the IHC zone case along I- 27 with the provision that if an entire block area requests rezoning to commercial it would be considered a policy request. In this case, it is obvious that the immediate area is not going to transition to commercial development. The request is consistent with zoning policies and should have no effect on the thoroughfare system. The Planning Commission recommended approval of the request. 309 Regular City Council Meeting April 25, 2002 Page 310 Staff recommendaed approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00053 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (56.) ORDINANCE NO. 2002-00054/ZONE CASE NO. 2255-K (5801 63`d Street): Hold a public hearing to consider request of Westar Commercial Realty, Randy Egenbacher (for Whisperwood National Bank), for a zone change from GO to C-2 on Lot 5, Spur 327 Business Park Addition, and to consider ordinance. ORDINANCE NO. 2002-00054 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-K A ZONING CHANGE FROM GO TO C-2 ZONING ON LOT 5, SPUR 327, BUSINESS PARK ADDITION, LUBBOCK,TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Cooke opened the public hearing at 11:59 a. in. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 12:00 p. in. The parcel under consideration is currently zoned Garden Office. Adjacent land uses: North - vacant, zoned Garden Office South - commercial East - residential West - commercial The proposal is for C-2 zoning, which would accommodate a strip shopping center. The proposal is consistent with the Comprehensive Land Use Plan. The current garden office zoning was originally adopted in an attempt to buffer the residential to the east. Since that time, Frankford has been widened and various businesses have been built north and south of this location. A recent zone case for a drive-in restaurant north across the street was opposed by adjacent residents. One neighbor objected to the commercial designation, and requested the Garden Office be left in place. The concern is for commercial versus an office across from his home, and the fact that the area from 62"d Street to 64`' Street has been Garden Office for years. A response to that from the developer is that none of the land except the north parcel has developed under GO. The Planning Commission was convinced that, with the site plan and building deviation as a condition (with more than sixty feet of setback from Frankford for the building), the small center would not create any more of a negative effect on the adjacent residents than the effect of Frankford as a major thoroughfare. With regard to the effect on the thoroughfare system, the staff is of the opinion that a condition limiting the Frankford frontage to one curb cut (two would be allowed by current code) would lessen congestion on the thoroughfare. Otherwise the project should have little additional effect on the system. The Planning Commission recommended approval of the request subject to the following conditions: 310 Regular City Council Meeting April 25, 2002 Page 311 1. One curb cut shall be allowed on Frankford Avenue. 2. Development shall be consistent with the site plan and building elevation noted as Plan #225K. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00054 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor Sitton recused herself. (57.) ORDINANCE NO. 2002-00055/ZONE CASE NO. 2652-A (1202 Main Street): Hold a public hearing to consider request of Thomas Stern for a zone change from C-4 and C-4 Specific Use to CB-2 on Lots 1- 20, Block 101, Original Town Addition, and to consider ordinance. ORDINANCE NO. 2002-00055 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2652-A; A ZONING CHANGE FROM C-4 and C-4 Specific Use TO CB-2 ZONING ON LOTS 1-20, BLOCK 101, ORIGINAL TOWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Cooke opened the public hearing at 11:59 a. m. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 12:00 p. m. The building once known as the In Town Inn was zoned several years ago as a substance use rehabilitation facility (Kimmel Center). Any use other than drug rehab requires a zone case. The new owner has not expressed any proposed uses. Adjacent land use in all directions is commercial The request fits both Comprehensive Land Use policies and zoning policies. The staff recommended use of the new CB-2 (Central Business District 2) District. The CB districts were designed to address the unique circumstances in the downtown area, and are similar to the C-4 zoning that currently surrounds the site. The project will have little effect on the thoroughfare system. The staff supports the request and has a keen interest in the success of any reuse of the structure. Reuse of the building will probably require an upgrade to meet the building code. The Planning Commission recommended approval of the request Staff recommended approval of this Ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00055 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (58.) ORDINANCE NO. 2002-00056/ZONE CASE NO. 2083-A (5719 661' Street): Hold a public hearing to consider request of Benny Nixon (for 661' Street, L.P.) for a zone change from C-2 to C-4 limited to a car 311 Regular City Council Meeting April 25, 2002 Page 312 rental office and all permitted C-2 uses on Lot A-1, Farrar Mesa Addition, and to consider ordinance. ORDINANCE NO. 2002-00056 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2083-A; A ZONING CHANGE FROM C-2 TO C-4 LIMITED TO A CAR RENTAL OFFICE AND ALL PERMITTED C-2 USES ZONING ON LOT A-1, FARRAR MESA ADDITION, LUBBOCK,TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 12:00 p. in. The location is the site of a former convenience store. Adjacent land uses: North - residential South - commercial East - commercial West - commercial The proposal, being limited to one C-4 use in addition to continuing the existing C-3 permitted uses, does not rise to the level of a Comprehensive Land Use Plan discussion. Regarding zoning policies, car rental is one of the automotive related uses placed in the C-4 district in the 1975 update to the zoning code. Most heavy automotive uses are not a good mix in an area immediately adjacent to residential. In the case of a smaller car rental company facility, the discussion should focus on the acceptability of the proposed use as being acceptable to adjacent property owners and how it fits the building and parcel. The layout of the former convenience store with a smaller building makes the use attractive to the proponent. No adjacent property owners appeared during the meeting. The proposal should have no effect on the thoroughfare system. The staff noted that no parking is allowed within the vision triangle at the corner of 66`' and Frankford. Subject to neighborhood comment the staff finds no fault with the request. The Planning Commission recommended approval of the request. Staff recommended approval of this Ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00056 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (59.) ORDINANCE NO. 2002-00057/ZONE CASE NO. 2922-A north of 1141' Street and west of Richmond Avenue): Hold a public hearing to consider request of Burl Masters (for Excel Development) for a zone change from R-1, R-1 Specific Use, and A-2 to R-1, R-1 Specific Use (for garden homes), R-1 Specific Use (for a reduced front setback) and A-2 (for a private community center) on 28.57 acres of unplatted land out of Section 16, Block E-2, and to consider ordinance. ORDINANCE NO. 2002-00057 312 Regular City Council Meeting April 25, 2002 Page 313 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2922-A; A ZONING CHANGE FROM R-1, R-1 SPECIFIC USE, AND A-2 (limited to a private community center) TO R-1, R-1 SPECIFIC USE (for garden homes), R-1 SPECIFIC USE (for a reduced front set back) AND A-2 (for a private community center) ZONING ON 28.57 acres of unplatted land out of Section 16, Block E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 12:00 p. m. The request represents an adjustment in a previous zone case providing for a new housing community featuring an activity center and a restaurant. This land is west of the property considered in zone case 2936 as commercial and garden office. The parcel established for a restaurant is not affected by this case. The adjacent land is currently vacant and zoned residential in all directions. The adjustments are: • A tract within the subdivision to the north is being rezoned for garden homes that was zoned for the community center. • An adjacent tract out of the former community center tract zoned as single family with a twenty -foot setback. • A portion of the twenty -foot setback lots is being rezoned to standard single family (requiring a twenty-five foot setback). • The recreation center parcel around the playa is adjusted. • Two parcels adjacent to the restaurant site and the recreation center are proposed for townhomes. The proposal is consistent with both the Comprehensive Land Use Plan and zoning policies. The project will have no appreciable effect on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following conditions: 1. In the reduced front setback R-1 Specific Use portion, the minimum front setback shall be twenty feet. 2. In the R-1 Specific Use for garden homes portion, the front setback for any home on a lot adjacent to a cul de sac shall be a minimum of five feet, except that any garage shall have a twenty -foot front setback. 3. The A-2 portion is limited to a private Community Center. Staff recommended approval of this Ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00057 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (60.) ORDINANCE NO. 2002-00058/ZONE CASE NO. 2939 (northwest corner of 19`h Street and Inler Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Reese Estates, Ltd.) for a zone change from R-1 to R-2, AM, and IHC on 61.9 acres 313 Regular City Council Meeting April 25, 2002 Page 314 of unplatted land out of Section 3, Block D-6, and to consider ordinance. ORDINANCE NO. 2002-00058 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2939; A ZONING CHANGE FROM R-1 TO R-2, AM, and IHC ZONING ON 61.9 ACRES OF UNPLATTED LAND OUT OF SECTION 3, BLOCK D-6 LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Cooke opened the public hearing at 11:59 a. m. No one appeared in opposition. Mayor Pro Tem Cooke closed the hearing at 12:00 p. m. As a comprehensive zone request on a sixty -plus acre parcel with constraints caused by drainage and the relocation of the railroad, the proposal makes a good effort at overcoming those obstacles. Adjacent land use: North - vacant South - 19" Street and commercial zoning East - mixed land uses east of FM 179 West - vacant The proposal is consistent with the Comprehensive Land Use Plan. The commercial parcel meets current policy. R-2 is being used to buffer the interior single family from the rail line. The proposed amount of AM is generous, but is bounded by the railroad right of way and the commercial. Proposed uses include personal care and apartments. No zoning policy issues exist within the proposal. The proposal will not affect the thoroughfare system any more than expected. The Planning Commission recommended approval of the request. Staff recommended approval of this Ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00058 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (61.) ORDINANCE NO. 2002-00059/ZONE CASE NO. 2161-G (west of University Avenue and north of 89" Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Greenstreet Construction, Inc.) for a zone change from A-1 to GO on an unplatted 3.17-acre tract of land out of Section B, Block E-2, and to consider ordinance. ORDINANCE NO. 2002-00059 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-G; A ZONING CHANGE FROM A-1 TO GO ZONING ON AN UNPLATTED 3.17-ACRE TRACT OF LAND OUT OF SECTION B, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 314 Regular City Council Meeting April 25, 2002 Page 315 Mayor Pro Tern Cooke opened the public hearing at 11:59 a. in. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 12:00 p. in. The proposed development is office use. Adjacent land uses: North - zoned A-1, vacant South - community facility East - residential east of University West - playa The proposal is consistent with the Comprehensive Land Use Plan. The Garden Office District is considered a buffer zone in a similar manner that the current A-1 is considered. The project is also compatible with zoning policy. The project should have little or no effect on the thoroughfare system. Staff recommended approval of this Ordinance. Motion was made by Councilmembe.r Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2002- 00059 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 12:05 A.M. Mayor Sitton returned to the dais. ADMINISTRATIVE SERVICES INFORMATION TECHNOLOGY (62.) Resolution No. 2002-RO164 authorizing the Mayor to execute an Interlocal Agreement between the City and the County of Lubbock regarding the County's use of the City's Computer Aided Dispatch System. RESOLUTION NO. 2002-RO164 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and the County of Lubbock, Texas for computer aided dispatch system. 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 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Managing Director of Info Technology APPROVED AS TO FORM: 315 Regular City Council Meeting April 25, 2002 Page 316 /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0164. The City and the County desire to secure the benefits of a common Computer Aided Dispatch (CAD) System. The County wants to utilize the CAD System currently in use by the City Police Department. This system has a long track record of being available and stable. The County has determined that using the same CAD System as the City will be less costly and more efficient than other alternatives. An additional license from the CAD vendor has been purchased. This is a one-year agreement with the option to automatically renew annually. The County will pay for the purchase and maintenance of all hardware used in their dispatch center. They will also be responsible for the incremental maintenance expenses as charged by the vendor for the additional agency. This common CAD solution will assist in meeting the "Achieving the Goal" concept outlined by Senator Duncan. Sharlett Chowning, Director of Information Technology and David Gutierrez, Lubbock County Sheriff spoke to Council. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2002-RO164 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. COMMUNITY SERVICES PARKS AND RECREATION (63.) Resolution No. 2002-R amending the License Agreement with the National Windmill Project, Inc., a non-profit organization doing business as American Wind Power Center, to allow for the sublicense of eight acres of land to the Agriculture Heritage Museum, a non- profit organization, for the display and interpretation of antique agricultural implements. This item was deleted. (64.) Resolution No. 2002-RO165 authorizing the Mayor to sign an agreement naming the Mackenzie Amphitheater. RESOLUTION NO.2002-RO165 WHEREAS, the City Council of the City of Lubbock was authorized in a Capital Improvements Bond Election, September 18, 1999, by the citizens of Lubbock to issue general obligation bonds of the City in the principal amount of $14,765.000 for permanent public improvements and public purposes to acquire or improve, or both land for park purposes; and WHEREAS, on of the proposed public improvement projects for the park presented to the voters at the time was the development of an outdoor theatre in Mackenzie Park at an estimated cost of $1.7 million dollars; and WHEREAS, the project is anticipated to exceed this estimate and the City Council is committed to go forward with the project only if the additional funds can be obtained from federal or state grants and private sources by September 30, 2002; and WHEREAS, City desires to grant the Naming Rights for this project to Naming Sponsor, and Naming Sponsor desires to acquire the Naming Rights from City, and posit a 316 Regular City Council Meeting April 25, 2002 Page 317 challenge for donations for the remaining sum needed for construction; NOW THEREFORE, 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 Mackenzie Amphitheatre Naming Agreement between the City of Lubbock and , and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager day of WINDY SITTON, MAYOR APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney 2002. At the April 11, 2002 City Council work session, a presentation was made regarding the construction of the proposed Mackenzie Amphitheater. At the end of that meeting, the Council directed staff to secure $1 million from private sources to augment the $1.7 million in approved bonds to finance the construction of the Mackenzie Amphitheater. Staff has been involved with an individual for naming rights for the Mackenzie Amphitheater since November 2001. The following general terms will secure the naming rights to the Mackenzie Outdoor Theater in perpetuity: 1. The City of Lubbock shall contract with an outside entity to produce at least one theatrical drama that will highlight Lubbock's history. The play will begin with one act and will open in its entirety during Lubbock's 100-year birthday in 2009. The City of Lubbock shall work toward a long-term contract with the outside entity for a period of no less than 20 years. 2. The City of Lubbock may also work toward securing a second theatrical event that may or may not already exist. 3. The City of Lubbock will market the amphitheater and the play(s) on a local, regional, statewide, and national level. 4. The City of Lubbock will work toward an agreement for the use of parking with the South Plains Fair Association to ensure there are enough parking spaces for events at the Amphitheater. 5. The City of Lubbock also plans to continue to develop Mackenzie Park with the Centennial Project that will graphically interpret Lubbock's rich history and heritage, plans are also in place to actively work to locate the 41h U.S. Cavalry Regiment Memorial re-enactment group at the Outdoor Center, and an Agriculture Heritage Museum is also being planned in Mackenzie Park that 317 Regular City Council Meeting April 25, 2002 Page 318 will prominently display a collection of rare and antique farm implements. 6. The contract with the sponsor shall be 30 years in length and shall include annual cash payments beginning in 2005, due January 15 of each year through 2032. Staff continues to work on the necessary documents for this item and those were provided to Council prior to today's Council meeting. Staff recommended approval of this resolution. Tommy Gonzalez, Assistant City Manager, gave staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2002-RO165 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (65.) RESOLUTION NO. 2002-R /BID #010-02/RS -for Mackenzie Park Amphitheater (Park Development). This item was tabled. This project involves the construction of the Mackenzie Outdoor Theater that was approved by voters in the September 1999 General Obligation Bond election. At that time, $1.7 million was earmarked for the project. The original concept for the multi -use facility was a concrete stage, restrooms, and seating area for approximately 2,000. In March 2000, the architectural engineering team of Carter & Burgess, Inc. and Parkhill, Smith and Cooper, Inc. was hired to design the theater. Many cultural groups were interviewed to ensure that the theater would meet their production needs. To ensure that this facility was not a duplication of the private amphitheater, the concept was changed to feature theatrical, dance and symphonic productions. Consequently, a building with dressing rooms, adequate storage, a production office and restrooms was added to the scope of the project. The seating capacity for the venue was defined as 1,000 hard seats and 1,000 lawn seats. In accordance with the Texas Antiquities Code, the archaeological survey at the theater site began in August 2000. Preliminary testing indicated a high concentration of cultural artifacts at the original site. Over the next 14 months, through extensive testing, a site was cleared approximately 200 yards south of the original site. The new site was chosen to avoid the high concentration of artifacts while still maintaining the integrity of the new concept. In September 2001, the City Council amended the original design contract to include the expanded concept at the new site. Annually, the theater will host the Summer Melodrama, numerous musical events, and a new theatrical drama that is currently being written by Andy Wilkinson. The proximity to the fairgrounds will also encourage usage of the amphitheater during the Panhandle South Plains Fair. The Mackenzie Park Amphitheater will help establish Mackenzie Park and the Panhandle South Plains Fairgrounds as the premier entertainment complex in West Texas. This project responds to a high priority as established in the Goals of Lubbock: A Vision into the 21" Century, the City Council Goal to implement the Canyon Lakes Master Plan, and the Lubbock Comprehensive Parks/Recreation and Open Space Master Plan. This site was also chosen by the Millennium Committee as the site for the Centennial project. 318 Regular City Council Meeting April 25, 2002 Page 319 As mentioned earlier, archaeological delays have caused the construction to begin in 2002, a year later than originally anticipated. To account for inflation and the additional amenities that have been added during the planning stages, the construction budget has been supplemented with transfers from related general obligation bond funded projects such as Park Benches/Seating Areas and Irrigation/Lighting Automation to account for the expanded scope of the project. These projects will be accomplished by bond dollars purchasing supplies and savings of labor by utilizing the Montford Unit, as was accomplished in the Depot District. — The low bid is Texas and this October 2002. $2,765,000 from Sandia Construction Inc. of Lubbock, contractor has extended the contract offer (bid) until Staff has worked on funding options and these were provided to Council prior to the meeting. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to table Item No. 65 so staff can come back with financial, property and parking lot all worked out and as part of the motion that this be done prior to October 1, 2002. Motion carried: 7 Yeas, 0 Nays. (66.) Resolution No. 2002-R authorizing the Mayor to execute Change Order #1 to the Mackenzie Park Amphitheater construction contract. This item was tabled. At the April 11, 2002 City Council work session, a presentation was made regarding the construction of the proposed Mackenzie Amphitheater. At the end of that meeting, the Council directed staff to secure $1 million from private sources to augment the $1.7 million in approved bonds to finance the construction of the Mackenzie Amphitheater. As was made clear at that Council meeting, the construction bid is for $2,765,000. Therefore, $65,000 worth of construction remains unfunded without taking from other available sources. Staff has met with design team and the construction firm to identify costs that could be reduced without sacrificing quality or safety. Items such as decorative railing on the ADA ramp will be replaced with less ornate railing similar to that used at the United Spirit Arena. Other items are currently being negotiated. Staff continues to work on the necessary documents for this item and those were provided to Council prior to today's Council meeting. Depending upon the success of private fund raising efforts, additional change orders may be necessary. Staff was prepared to discuss at the meeting. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to table Item No. 66 so staff can come back with financial, property and parking lot all worked out and as part of the motion that this be done prior to October 1, 2002. Motion carried: 7 Yeas, 0 Nays. 12:20 P.M. Councilmember Cooke left the dais. DEVELOPMENT SERVICES BUSINESS DEVELOPMENT 319 Regular City Council Meeting April 25, 2002 Page 320 (67.) Resolution No. 2002-RO166 giving Notice of Intent to enter into a tax abatement agreement with Sonic Drive In. RESOLUTION NO. 2002-RO166 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Sonic Drive In; 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 Sonic Drive In; 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 1701 Idalou Road in the City of Lubbock, Lubbock County, Texas and being more particularly described as Lot One (1), Re -plat of Block Thirty -Four (34) Morrow Subdivision to the City of Lubbock, Lubbock County, Texas. 320 Regular City Council Meeting April 25, 2002 Page 321 Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte Debra B. Forte', Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0166. The City of Lubbock has received an application for commercial tax abatement from Sonic Drive In to build a new quick service restaurant facility at 1701 Idalou Road in the Lubbock 2000 South Enterprise Zone. The project meets the Commercial Tax Abatement Policy and Guidelines minimum investment of $250,000. Total investment in the project will be approximately $350,000; $250,000 for the building and $100,000 in tangible personal property. This facility will create approximately 30 new jobs over the next 7 months. The estimated amount of the new payroll created will be approximately $400,000 annually. The project also commits to hire 30 % of its new employees from one of the three enterprise zones in the City. Market Lubbock considered this application at its April 9, 2002 Board Meeting and has recommended a 5 year, declining scale tax abatement (example: I" year 100%, 2" year 80%, etc.) for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100 % Year 2 $1, 995 0% $1,596 Year 3 80 Year 4 $1,197 70 % $ 798 Year 5 60 % $ 399 The estimated total city abatement over the life of the contract is $5,985. The estimated total county abatement over the life of the contract would be $3,140. The project will add $350,000 in new value to the tax base in the South Enterprise Zone. Under the current guidelines, Sonic Drive In is eligible and meets all the criteria for tax abatement. Staff recommended approval of this Resolution Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 2002-R0166 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 321 Regular City Council Meeting April 25, 2002 Page 322 (68.) Resolution No. 2002-RO167 giving Notice of Intent to enter into a tax abatement agreement with Lone Star Decorating and Exposition Services. RESOLUTION NO. 2002-RO167 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Lone Star Decorating and Exposition Services; 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 bo be given Agreement to the presiding officers tar of Decorating and Exposition Services; said notice each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 601 Avenue E in the City of Lubbock, Lubbock County, Texas and being more particularly described as Lots l) through Ten Lubbock County, Texas. inclusive, Block Forty -Four (44), Original Town of Lubbock Passed by the City Council this 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B.Fort6 Debra B. Forte', Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0167. The City of Lubbock received an application for commercial tax abatement from Lone Star Decorating and Exposition Services to build a new facility at 601 Avenue E in the Lubbock 2000 North Enterprise Zone. The project consists of the construction of a 15,000 square foot warehouse and office facility. The expected investment in the new facility is approximately $328,000. Lone Star Decorating will not increase their employment, but will retain 9 existing jobs. The company has a payroll of $175,000 annually. The project meets the Commercial in real bat meat oficy improvements. d Guidelines minimum of $250,000 investment 322 Regular City Council Meeting April 25, 2002 Page 323 Market Lubbock considered this application at its April 9, 2002 Board Meeting and has recommended a 5 year, declining scale tax abatement (example: 1" year 100%, 2" year 80%, etc.) for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100% $1,870 Year 2 90 % $1,496 Year 3 80 % $1,122 Year 4 70 % $ 748 Year 5 60 % $ 373 — The estimated total city abatement over the life of the contract is $5,609. The estimated total county abatement over the life of the contract would be $2,943. The project will add $328,000 in new value to the tax base in the North Enterprise Zone. Under the current guidelines, Lone Star Decorating and Exposition Services is eligible and meets all the criteria for tax abatement. Staff recommended approval of this resolution. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 2002-RO167 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Pi . A NNINf (69.) Resolution No. 2002-RO168 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement with Lubbock County to participate in the North Overton District Tax Increment Finance Reinvestment Zone. RESOLUTION NO. 2002-RO168 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with the Lubbock County to participate in the North Overton District Tax Increment Finance Reinvestment Zone. 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 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer by Rob Allison Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-R0168. 323 Regular City Council Meeting April 25, 2002 Page 324 Staff has made presentations explaining the benefits of the North Overton TIF District to all of the participating taxing entities. The attached Interlocal Agreement illustrates Lubbock County's desire to participate at 100 % for thirty years in the North Overton District Tax Increment Finance Reinvestment Zone. Staff recommended approval of this resolution. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 2002-RO168 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmembers Hernandez and McDougal recused themselves. (70.) Resolution No. 2002-RO169 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement with the Hospital District to participate in the North Overton District Tax Increment Finance Reinvestment Zone. RESOLUTION NO. 2002-RO169 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with the Lubbock County Hospital District to participate in the North Overton District Tax Increment Finance Reinvestment Zone. 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 25th day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer by Rob Allison Craig Farmer, Director of Planning APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney/ Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-R0169. Staff has made presentations explaining the benefits of the North Overton TIF District to all of the participating taxing entities. The attached Interlocal Agreement illustrates the Hospital District's desire to participate at 100 % for thirty years in the North Overton District Tax Increment Finance Reinvestment Zone. Staff recommended the approval of this resolution. 324 Regular City Council Meeting April 25, 2002 Page325 Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 2002-RO169 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmembers Hernandez and McDougal recused themselves. (71.) Resolution No. 2002-RO170 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement with the High Plains Underground Water Conservation District (HPUWCD) to participate in the North Overton District Tax Increment Finance Reinvestment Zone. RESOLUTION NO. 2002-RO170 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with the High Plains Underground Water Conservation District to participate in the North Overton District Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 251h day of April, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney / Office Practice Section Staff has made presentations explaining the benefits of the North Overton TIF District to all of the participating taxing entities. The attached Interlocal Agreement illustrates HPUWCD's desire to participate at 100% for thirty years in the North Overton District Tax Increment Finance Reinvestment Zone. Staff recommended approval of this resolution. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 2002-RO170 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmembers Hernandez and McDougal recused themselves. 12:32 P.M. Mayor Pro Tern Cooke returned to the dias MISCELLANEOUS BUDGET AND RESEARCH 325 Regular City Council Meeting April 25, 2002 Page 326 (72.) Ordinance No. 2002-00060 amending the 2001-02 Budget (first reading). ORDINANCE NO. 2002-00060 AN ORDINANCE MAKING CHANGES IN THE FY 2001-02 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENT PURPOSES; AND Staff will present the revised budget for fiscal year 2001-02 for the General Fund and Enterprise Funds as well as Capital Projects during the City Council Meeting on April 25. A summary overview by fund will be provided. Melissa Trevino, Budget Manager, presented the revised budget. Staff recommended approval of this ordinance. Motion was made by Councilmember Hernandez, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2002- 00060 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (73.) Ordinance No. 2002-00061 amending Section 1-10 of the Code of Ordinances of the City of Lubbock, Texas, to provide for review and adjustment of permit, license and fee amounts on a semi-annual basis; providing a savings clause; and providing for publication (first reading) . ORDINANCE NO. 2002-00061 AN ORDINANCE AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO PROVIDE FOR REVIEW AND ADJUSTMENT OF PERMIT, LICENSE AND FEE AMOUNTS ON A SEMI-ANNUAL BASIS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Currently, the City of Lubbock is limited to an annual adjustment of permit, license and fee amounts. The annual adjustment is recommended by the Finance Director in conjunction with the adoption of the original budget for an effective date of October 1. Maximus was engaged in October 2001 to perform a User Fee Study covering the charges in use by General Fund departments. Because of the need to place emphasis on enhancing existing revenue streams to maximize the ability of the City to recover some or all of its cost of providing selected services, this user fee study is considered crucial in identifying opportunities to challenge current fee structures for General Fund services and the timely implementation of the fee recommendations is considered critical to the City's current operating budget. This is intended to reduce the burden of the property tax base and only charge individuals desiring specific services. The amended ordinance would provide for semi-annual adjustment of permits, licenses and fees at original and revised budget adoption. This is Phase I of a multi -year proposal. City staff recommended adoption of the amended ordinance to allow for the semi-annual review and adjustment of permit, license and fee amounts. Beverly Hodges, Director of Finance, gave staff comments. 326 Regular City Council Meeting April 25, 2002 Page 327 Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2002- 00061 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (74.) Consider one appointment to the Market Lubbock Economic Development Corporation Board of Directors. Motion was made by Councilmember Cooke seconded by Councilmember Nelson to appoint David Alderson to the Market Lubbock Economic Development Corporation Board of Directors. Motion carried: 7 Yeas, 0 Nays. (75.) Consider one appointment to Reese Redevelopment Authority. Motion was made by Councilmember McDougal, seconded by Councilmember Morrison to appoint Connie Wharton to the Reese Redevelopment Authority. Motion carried: 4 Yeas, 3 Nays. David Nelson recommended: Don Hufstedler Eric Williams recommended: Connie Wharton (76.) Consider seven appointments to the Animal Shelter Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Tommy Camden, Dr. Larry, Laura Forsythe, Sherell Guichard-Thomas, Evelyn Lehman, Margaret Meacham and Debbie Tennyson to the Animal Shelter Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (77.) Consider one appointment to the Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Ben Jaime to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. (78.) Consider one appointment to the Youth Commission - Students. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Damarick Dewayne Harris to the Youth Commission - Students. Motion carried: 7 Yeas, 0 Nays. 1:10 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 2:38 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, , Councilmember David Nelson, and Councilmember T. J. Patterson. Motion was made by Councilmember Nelson, seconded by -- Councilmember Patterson to ratify the Mayor's action in signing the HR- 2s of the City manager, City Attorney and City Secretary regarding their salaries. Motion carried: 4Yeas, 0 Nays. 327 Regular City Council Meeting April 25, 2002 Page 328 2:40 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal made a motion to adjourn; Councilmember Patterson seconded the motion. Motion carried: 4 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember David Nelson, and Councilmember T. J. Patterson. Read and approved this �*- day of , c96nr2 /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: R.eb ,cca Garza, City Secretary k►:?