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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/9/2002REGULAR CITY COUNCIL MEETING MAY 9, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of May, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas 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 No one was absent. CITIZEN COMMENTS Bobby Stargel, who had been present for citizen comments at the April 25, 2002 Council Meeting, reiterated his concerns about Citibus. Mr. Stargel stated that drivers/bus drivers are unsafe as they drive too fast and he has never seen one stopped by the Police Department and/or Sheriff's Department. He is concerned about the safety of Lubbock. Citibus called him and took him over to their office and didn't give him enough time to prepare for his presentation. Mr. Stargel stated Citibus representatives told them they trained their personnel right and he felt Citibus staff didn't give him a chance to speak about his concerns. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to — discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Fire Department; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Airport; Management Services); to discuss or deliberate regarding commercial or financial information from, and to deliberate the offer of a financial or other incentive to, a business prospect with which the economic development negotiations are being conducted. 7:41 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, 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 (Fire Department; Police Department; Water Utilities). (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: Regular City Council Meeting May 9, 2002 Page 330 Appointments Advisory Board Citizens Traffic Commission Community Development and Services Board Electric Utility Board Keep Lubbock Beautiful Advisory Committee Libraries Board Permit and License Appeal Board Urban Design/Historic Preservation Commission 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 (Airport; Management Services). (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to discuss or deliberate regarding commercial or financial information received from, and to deliberate the offer of a financial or other incentive to, a business prospect with which the economic development negotiations are being conducted. 9:25 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 No one was absent. Mayor Sitton called the meeting to order at 9:25 A. M. (7.) Father Melvin Gray, St. Stephen's Episcopal Church gave the invocation. (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Lucky me ." slogan. Thank you Randy Sanders, A-J editor, for reminding us of that Chamber of Commerce slogan from the past, "Lucky me, I live in Lubbock." It is not only one "L"-uva good alliteration, but so artfully aprapos. You don't have bumper -to -bumper, stand -still traffic in Lubbock, but you do daily in Dallas and Austin. Sweltering humidity and a high violent crime rate - not in Lubbock. On the flip side, can you find a Big XII athletic conference university in Dallas, Houston or San Antonio? Or how about a priceless Vatican Art Exhibition and three award -winning wineries? Wake up folks! We've got the amenities of the bigger cities - and more - yet very few of the problems. No. 9 is United Legislative Effort. What happens in the Federal and State Capitols invariably affects city hall. The city is fortunate to be a part of a legislative team (led by our elected officials) insuring that what is enacted at both the Capitols works to our benefit. Lubbock's legislative reputation is such that the legislative process works for us and not against us. No. 8 is Best Weather in America - Statistics show that we have an average of 277 days of sunshine per year. It is a wonderful semi -arid climate that has just enough rainfall to grow a $10 billion agriculture 330 Regular City Council Meeting May 9, 2002 Page 331 crop, just enough coolness at night to sweeten our vintage grapes, and just enough low humidity to dine outside most evenings and enjoy watching our beautiful technicolor sunsets. No. 7 is Budget Reduction efforts. "You're kidding," critics would say! Don't forget your city Council voted to reduce this year's budget last month. Recall that your Council reduced the general fund budget from 1998 to 1999. The tax rate has been reduced twice in the last five years by this Council - `97-`98 and 2000-2001. Granted, we're not constantly reducing budgets. Growth, expanded services, unfunded mandates and inflation prevent that. However, your Council is constantly looking for ways to deliver more bang for your taxpayer buck, and with your "support" will continue to do so. No. 6.is Organized Streets. Lubbock has been known for many years as a 15-minute city. We can literally travel to any destination in town in 15 to 20-minutes. Thank the City Land Use Plan established in 1943 for that. A grid of alphabetically arranged north/south avenues and numerically arranged east/west streets has long been in place and is now complemented by our ever-increasing excellent highway infra -structure. NO. 5 is C.A.R. This stands for Culture, Art and Recreation opportunities. Recently we established a long-range plan for a Regional Arts Facility, established the Buddy Holly Center that also houses our Fine Arts Center, have seen the opening of the American Wind Power Museum, and the acquisition of the Vatican Art Exhibition. Our professional Symphony Orchestra is flourishing, and TTU makes Lubbock a cultural jewel. Don't forget Tech sports, the Cotton Kings, the Silent Wings Museum and all those new parks! No. 4 is Keep the Faith - Lubbock is a community of churches. That influence keeps us "grounded" yet reassures us that the sky is the limit. Isn't it great to live in a city where the Big XII also evokes the spirit of Matthew, Mark and Simon Peter. Amen. No. 3 is Yonder ("Wild Blue" and "Over"). In Lubbock we have plenty of room in which to move around-115 "as far as the eye can see"square miles. Also when you look "over yonder," you usually see a friend, a smiling face and a helping hand. No. 2 is Economic Development. Over the last six years we have created 5,085 new jobs, with an annual payroll of $114.5 million and an investment of $211.7 million in our tax base. These jobs were created on the heels of the of Reese Air Force Bast: closure. This achievement was accomplished with the hard work of our Chambers of Commerce, Market Lubbock, Inc., our private and public institutions, and every hard working citizen. No. 1 is Second Fiddle Syndrome. Avis tries harder. So does Lubbock. When you are the smaller fish in the big pond you have to swim faster. Lubbock has always had to work twice as hard to go half as far, because of our comparative size and how we are perceived. We've made great strides, especially over the last six years, in shedding that second fiddle label. Our quest for excellence has caused us to try harder, work faster and play smarter. Lubbock is the best place in which to live and work in the United States, and we should tell the world about that. CONSENT AGENDA ( Items Nos. 9-43) Motion was made by Councilmember McDougal, seconded by Councilmember Morrison to approve Items 9-43 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 331 Regular City Council Meeting May 9, 2002 Page 332 (9.) Approval of Minutes: April 25, 2002 Regular City Council Meeting (10.) ORDINANCE No. 2002-00010-Abandoning and closing a portion of a 20-foot alley located in Block 28, Rushland Park Addition (4602 7m Street) (second and final reading). ORDINANCE NO. 2002-00010 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT ALLEY LOCATED IN BLOCK 28, RUSHLAND PARK 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. (11.) ORDINANCE No. 2002-00043-Amending Chapter 13 of the Lubbock Code of Ordinances to adopt the "Property Maintenance Code of the City of Lubbock" (second and final 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 PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (12.) ORDINANCE No. 2002-00044-Amending 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 (second and final 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. (13.) 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) (second and final reading). 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. (14.) ORDINANCE No. 2002-00046-Abandoning and closing a portion of 98"' Street in Section 14, Block E-2, Lubbock County, Texas (9715 Orlando Avenue) (second and final 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 332 Regular City Council Meeting May 9, 2002 Page 333 CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (15.) 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) (second and final reading). ORDINANCE NO. 2002-00047 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5 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. (16.) ORDINANCE No. 2002-00048-Abandoning and closing a portion of 141h Street located adjacent to Block 147 and Block 163 Original Town Addition to the City of Lubbock (1212 141h Street) (second and final 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. (17.) 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 (second and final 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. (18.) ORDINANCE No. 2002-00050-ZONE CASE NO. 2935 (located at the northeast corner of 981h Street and Orlando Avenue): Request of Jim Gabriel for a zoning change from R-2 to GO (Garden Office) on a parcel of land out of Section 17, Block E2 (second and final reading). 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. 333 Regular City Council Meeting May 9, 2002 Page 334 (19.) ORDINANCE No. 2002-00051-ZONE CASE NO. 1635-A (1612 481h Street): 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 (second and final reading). 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; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE No. 2002-00052-ZONE CASE NO. 2936 (northwest corner of 114" Street and Quaker Avenue): 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 (second and final reading). 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. (21.) ORDINANCE No. 2002-00053-ZONE CASE NO. 2937 (602-618 43" Street): 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 (second and final reading). 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. (22.) ORDINANCE No. 2002-00055-ZONE CASE NO. 2652-A (1202 Main Street): 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 (second and final reading). 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. (23.) ORDINANCE No. 2002-00056-ZONE CASE NO. 2083-A (5719 66`h Street): Request of Benny Nixon (for 60' Street, L.P.) for a zone change from C-2 to C-4 limited to a car rental office and all permitted C-2 uses on Lot A-1, Farrar Mesa Addition (second and final reading). 334 Regular City Council Meeting May 9, 2002 Page 335 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. (24.) ORDINANCE No. 2002-00057-ZONE CASE NO. 2922-A (north of 1141h Street and west of Richmond Avenue): 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 (second and final reading). ORDINANCE NO. 2002-00057 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. (25.) ORDINANCE No. 2002-00058-ZONE CASE NO. 2939 (northwest corner of 19" Street and Inler Avenue): 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 of unplatted land out of Section 3, Block D-6 (second and final reading). 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. (26.) ORDINANCE No. 2002-00059-ZONE CASE NO. 2161-G (west of University Avenue and north of 89`h Street): 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 (second and final reading). 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. (27.) ORDINANCE No. 2002-00062 amending Chapter 28 of the Code of Ordinances by adding Section 28-155(g) regarding repair and replacement of Sanitary sewer taps (first reading). 335 Regular City Council Meeting May 9, 2002 Page 336 ORDINANCE NO. 2002-00062 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINACES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 28 - 155(g) WITH REGARD TO THE REPAIR OR REPLACEMENT OF SEWER TAPS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE This is a revision of Chapter 28 of the Code of Ordinances related to the repair or replacement of sanitary sewer taps. The City of Lubbock has been repairing or replacing inoperative sanitary sewer taps since 1999. Because of the change in policy, there has been some confusion with the plumbers and our own repair crews as to our exact responsibility. This ordinance revision clarifies the responsibilities of the landowner and the city. The ordinance revision defines that the City has responsibility up to the property line and that staff will repair or replace an inoperative sanitary sewer tap at our discretion as needed to effect the repairs. It defines the difference between an emergency and routine repair and how a citizen is to notify us of needed repairs. Staff recommended approval of this ordinance. (28.) RESOLUTION NO. 2002-RO171 authorizing the Mayor to execute a Quitclaim Deed in favor of Larry Davidson for a portion of 981h Street located in Section 14, Block E-2, Lubbock County, Texas (9715 Orlando Avenue). RESOLUTION NO.2002-RO171 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 Quitclaim Deed in favor of Larry Davidson, and related documents. Said Deed 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 9th day of May, 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 L. Chamales Supervising Attorney/Office Practice A copy of the Quitclaim Deed is filed with Resolution No. 2002-R0171. 336 Regular City Council Meeting May 9, 2002 Page 337 This deed quitclaims the 0.137 acre tract of land being abandoned and closed in the previously read abandon and close ordinance #2002-00046 closing a portion of 98' Street to Larry Davidson, the abutting property owner to the north. Staff recommended approval of this resolution. (29.) Resolution No. 2002-R0172 authorizing the Right -of -Way Department to make an offer to West Joint Venture, Charles Skibell, Norma Elaine Skibell, Richard B. Skibell, Irvin Skibell, David L. Skibell, Bernard F. Skibell, Aaron Wechter, Edward Luskey, Jack Rosen and Allan Rosen for two sanitary sewer line easements and two working easements in Section 27, Block A-K, Lubbock County (7101 82❑d Street). RESOLUTION NO. 2002-RO172 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: two sanitary sewer line easements and working easements in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sanitary sewer line easements and working easements of the following described parcels of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: WNER' S NAME AMOUNT $ 5,152.00 WEST JOINT VENTURE, a Texas joint venture consisting of CHARLES SKIBELL; NORMA ELAINE SKIBELL, Individually and as Independent Executrix of the Estate of Albert Skibell, Deceased, and as Trustee of those certain testamentary trusts created under the Last Will and Testament of Albert Skibell, and identified therein as The Albert Skibell Marital Trust and The Albert Skibell Estate Trust; RICHARD B. SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; IRVIN SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; DAVID L. SKIBELL; BERNARD F. SKIBELL; AARON WECHTER; EDWARD LUSKEY; JACK ROSEN; ALLAN ROSEN, all acting as joint ventures; and BERNARD F. SKIBELL, Individually RICHARD B. SKIBELL, Individually DAVID L. SKIBELL, Individually IRVIN SKIBELL, Individually SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized is more particularly described in Exhibits A, B, C & D attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above -described parcel of land being WEST JOINT VENTURE, a Texas joint venture consisting of CHARLES SKIBELL; 337 Regular City Council Meeting May 9, 2002 Page 338 NORMA ELAINE SKIBELL, Individually and as Independent Executrix of the Estate of Albert Skibell, Deceased, and as Trustee of those certain testamentary trusts created under the Last Will and Testament of Albert Skibell, and identified therein as The Albert Skibell Marital Trust and The Albert Skibell Estate Trust; RICHARD B. SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; IRVIN SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and indentified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; DAVID L. SKIBELL; BERNARD F. SKIBELL; AARON WECHTER; EDWARD LUSKEY; JACK ROSEN; ALLAN ROSEN, all acting as joint ventures; and BERNARD F. SKIBELL, Individually RICHARD B. SKIBELL, Individually DAVID L. SKIBELL, Individually IRVIN SKIBELL, Individually BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of two sanitary sewer line easements and working easements, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of May, 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 This resolution was originally passed at the City Council meeting on March 28, 2002, allowing the Right -of -Way Department to make an offer to the Skibell Family, West Joint Venture, and its members for a 20-foot by 20-foot permanent sewer line easement and a 20-foot by 70- foot working easement located west of Quincy Avenue along the south side of 82" Street. An additional 20-foot by 269.81-foot permanent sewer line easement and a 70-foot by 269.81-foot working easement have been added to the project just to the south of the original easements. Don Harris appraised the original easements for a total appraised offer of $607. He has appraised the additional two easements for $4,545 for a total appraised offer of $5,152. 338 Regular City Council Meeting May 9, 2002 Page 339 This resolution authorizes condemnation proceedings to acquire these easements if our offer is refused. Staff recommended approval of this resolution. (30.) Resolution No. 2002-RO173 authorizing the Mayor to execute a contract of sale for additional Fire Department Property with Harold Garrett for Lot 6, Block 1, F.P. Day Addition to the City of Lubbock (2122 50`h Street). RESOLUTION NO. 2002-RO173 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 of Sale between the City of Lubbock, Buyer, and Harold Garrett, Seller, and any other related documents. The Contract of Sale provides for the purchase of property described as Lot 6, Block 1, F. P. Day Addition to the City of Lubbock. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of May, 2002. /S/ WINDY SITTON MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2002-R.0173. This resolution authorizes the Mayor to execute a contract of sale for property needed to expand the existing fire station at 2120 50`' Street. This property to be purchased is at 2122 .50`' Street, legal description known as Lot 6, Block 1, F.P. Day Addition. The purchase price of this property is $82,500, which includes a 2,223 square foot building and a 9,881 square foot lot. This property was listed through a realtor at $85,000 and is on the tax roll for $76,861. Two years ago it was on the tax roll for $92,367. Harold Garrett, M.D. has agreed to sell this property for $82,500. Staff recommended approval of this resolution. (31.) Resolution No. 2002-RO174 authorizing the Mayor to execute a resolution releasing a 5,492 square foot portion of Texas Department of Transportation right-of-way for TxDO'T to convey to the abutting property owner (2111 I-27). 339 Regular City Council Meeting May 9, 2002 Page 340 RESOLUTION NO. 2002-RO174 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Whereas, a Right -of -Way Deed exists in Section 7, Block B, Lubbock County, Texas, being a part of that 0.40 acre tract of land conveyed by Marshall Sweeten and part of that 0.85 acre tract of land conveyed by Lawrence K. Lankford, Jr. and wife Barbara Lankford to the State of Texas in Right -of -Way Deed recorded in Volume 2453, Page 133 and Volume 1984, Page 337, Deed Records of Lubbock County, Texas and adjoining that tract of land conveyed to the W M Cameron & Co. in Warranty Deed recorded in Volume 3938, Page 38, Real Property Records of Lubbock County, Texas; Whereas, the land specified is no longer needed for the use of citizens as a road; Whereas, a release of the right-of-way would enable an abutting landowner, Cameron Ashley Building Products, more efficient use of the land; Whereas, the Texas Department of Transportation has made this request of the City of Lubbock. Whereas, the property descriptions for said right-of-way are attached in Exhibits "A" & "B" of this resolution; NOW THEREFORE, BE IT RESOLVED that the City of Lubbock does not interpose any objection for the State to sell and release the said right-of-way to the abutting landowner. Adopted this 9th day of May, 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 /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of Exhibits "A" and "B" are filed with Resolution No. 2002-R0174. TxDOT has been approached by the property owner at Avenue E and the east side of I-27 to purchase a 5,492 square foot portion of excess I-27 right-of-way. This excess portion of I-27 is no longer needed by TxDOT and will be sold to the abutting property owner, Cameron Ashley Building Products. TxDOT has requested that the City give permission for this sale and that is what this resolution will do. Cameron is in the process of closing a portion of Avenue E just north of 22"d Street for replat purposes and this portion of TxDOT right-of-way will be included in the replat. Staff recommended approval of this resolution. 340 Regular City Council Meeting May 9, 2002 Page 341 (32.) Resolution No. 2002-RO175 authorizing the Mayor to execute a street -use license with Texland Petroleum, Inc., for the use of a portion of Kent Street and Manioca Road in Section 9 and Section 78, Block A, to construct and maintain underground oil flow lines (3410 Manioca Road and 1501 Kent Street). RESOLUTION NO. 2002-RO175 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License with associated documents with Texland Petroleum, Inc. to use a portion of dedicated streets to construct and maintain a system of oil flow pipelines. 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 9th day of May, 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 Agreements is filed with Resolution No. 2002-R0175. This license was originally issued to Texland Petroleum on April 22, 1982. The license will expire in April and the licensee has requested to renew the license for an additional 20 years. This license is for a flow line that crosses Kent Street about 1300 east of North Avenue P and crosses Manioca Road in front of Lot 29, Northridge Addition, which is just west of the Lubbock Country Club. This street -use -license will be for twenty years, payable every five years. The City will receive $50 per year or $250 for each five-year period. Staff recommended approval of this resolution. (33.) Resolution No. 2002-RO176 authorizing the Mayor to execute a street -use license with G. Randall Andrews for the use of a City street for a brick fence (5301 21" Street). RESOLUTION NO. 2002-RO176 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License with associated documents with G. Randall Andrews for a brick fence. Said agreements are attached 341 Regular City Council Meeting May 9, 2002 Page 342 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 9th day of May, 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 Agreements is filed with Resolution No. 2002-R0176. Randy Andrews recently purchased the property at the southwest corner of 21S` Street and Slide Road. Along the north side of his property is the recently dedicated 21S` Street that runs westward from Slide Road. He desires to build an east -west wood and stone fence along the south side of 215` Street just north of a tree row that is on his property line. In order to build this fence where he wants, it will be in the south right-of- way of the street and will require a street -use license. The total area to be occupied is two feet north -to -south by 548.50 feet east -to -west for a total area occupied of 1,097 square feet. The Right -of -Way Department has valued undeveloped land in this area at $20,000 per acre or $00.46 per square foot. Using the street -use license formula, staff get a cost due the City of 1,097 square feet X $00.46 = $503.67 X 10% = $50.37 per year. This street -use license will be for twenty years, payable every five years in advance. The City will receive $251.85 for each five-year period. Staff recommended approval of this resolution. (34.) Resolution No. 2002-RO177 authorizing acceptance of water and sanitary improvements for Lots 323- 395, Shadow Hills Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2002-RO177 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 323 - 395, SHADOW HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 323 - 395, SHADOW HILLS ADDITION to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $ 113,961,11 with the improvements constructed by Utility Contractors of America, having a value of $110, 273.33 as determined by the unit prices established by said Chapter 28, and $3,687.78 342 Regular City Council Meeting May 9, 2002 Page 343 cash paid to the City, which amount includes 0.00 cash for adjacent lines, with Betenbough Companies, the developer, to receive a refund of $29.245.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of 29,245.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 9th day of May, 2002. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: _ /s/ Chester Carthel Chester Carthel Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $113,961.11 and has a value of $110,273.33 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $3,687.78 that includes $0.00 for adjacent mains. The developer, Betenbough Companies, will receive a refund of $29,245 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between Erskine and Duke Streets from Hyden to Iola Avenues. Staff recommended approval of this resolution. (35.) Resolution No. 2002-R0178 authorizing the Mayor to execute a wholesale wastewater interlocal contract between the City of Lubbock and Lubbock Reese Redevelopment Authority. 343 Regular City Council Meeting May 9, 2002 Page 344 RESOLUTION NO. 2002-RO178 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 Wholesale Wastewater Interlocal Contract, providing for the development of adequate systems of sewage collection and disposal, the elimination of water pollution and the preservation of the water resources of the State of Texas, by and between the City of Lubbock and the Lubbock Reese Redevelopment Authority, a political subdivision of the State of Texas, and any associated documents. Said Interlocal Contract for wastewater treatment services by the City of Lubbock for Lubbock Reese Redevelopment Authority, and 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 9th day of May, 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 Public Works APPROVED AS TO FORM: /s/ Richard K. Casper Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2002-R0178. The wholesale wastewater interlocal contract provides the Lubbock Reese Redevelopment Authority adequate systems of sewage collection and disposal, the elimination of water pollution and the preservation of the water resources of the State of Texas, by and between the City of Lubbock and the Lubbock Reese Redevelopment Authority. Staff has received approval from TNRCC. Staff recommended approval of this resolution. (36.) Resolution No. 2002-RO179 authorizing the Mayor to execute a lease agreement between Abilene Aero, Inc., d/b/a/ Lubbock Aero, and the City of Lubbock. RESOLUTION NO. 2002-RO179 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and Abilene Aero, Inc. dba Lubbock Aero for lease of property 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. 344 Regular City Council Meeting May 9, 2002 Page 345 Passed by the City Council this 9th day of May, 2002. /S/ 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-R0179. This item involves the approval of a new lease agreement between Abilene Aero Inc., d/b/a Lubbock Aero, and the City of Lubbock. Lubbock Aero has served as a Fixed Base Operator on the west side of the airport for approximately 12 years. Lubbock Aero has requested to lease an additional 36,650 square feet of land adjacent to the south end of their existing space, for the purpose of building a new hangar facility. This additional land will be added to their existing leased premises, and a new lease will be executed, covering Lubbock Aero's entire leased space. The lease has an initial term of twenty years, with three additional five-year extensions. The annual rent to the City for the additional land will be $3,851.92, making the annual rent for the entire leased premises $60,498.91. The Airport Board has reviewed this agreement and recommended approval. Staff recommended approval of this resolution. (37.) Resolution No. 2002-RO180 authorizing the Mayor to execute Change Order No. 1 to the construction contract between Pharr & Company and the City of Lubbock for the Silent Wings Museum. RESOLUTION NO. 2002-RO180 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 Change Order No. 1 to the construction contract dated January 23, 2002, between Pharr & Company and the City of Lubbock, for additional work that is required as a result of several design changes, and all related documents. Said Change 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. 345 Regular City Council Meeting May 9, 2002 Page 346 Passed by the City Council this 9th day of May, 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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Change Order is filed with Resolution No. 2002-R0180. Change Order No. 1 to the Silent Wings Museum Construction Contract covers additional work required to address unanticipated conditions that were discovered during the renovation of the old terminal building on the west side of the airport. The work includes additional demolition, structural shoring, carpentry and masonry work, drywall, and mechanical/electrical work. The cost of the additional work is $78,768.79 or 5.27 % of the original construction contract. The new contract total will be $1,573,220.79. Funds for this change order were included in the airport's revised budget. The Airport Board has reviewed this agreement and recommended approval. Staff recommended approval of this resolution. (38.) Resolution No. 2002-RO181 authorizing the Mayor to execute a commercial tax abatement agreement with Sonic Drive In. RESOLUTION NO. 2002-RO181 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Sonic Drive In, attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 346 Regular City Council Meeting May 9, 2002 Page 347 Passed by the City Council this 9th day of May, 2000. /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 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 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 % $1, 995 Year 2 90% $1,596 Year 3 80 % $1,197 Year 4 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 concurred with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of five years with a declining schedule beginning with 100 % and declining by 20 % each year. The City Council approved the Notice of Intent at their April 25, 2002 Council meeting. Staff recommended approval of this resolution. (39.) Resolution No. 2002-R0182 authorizing the Mayor to execute a commercial tax abatement agreement with Lone Star Decorating and Exposition Services. 347 Regular City Council Meeting May 9, 2002 Page 348 RESOLUTION NO. 2002-RO182 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Lone Star Decorating and Exposition Services, attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of May, 2000. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Fort6 Debra B. Fort6, DeputyCity Manager APPROVED AS TO FORM: /s/DonaldG. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0182. 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 Tax Abatement Policy and Guidelines minimum of $250,000 investment in real estate improvements. 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°d 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. im Regular City Council Meeting May 9, 2002 Page 349 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 concurred with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of five years with a declining schedule beginning with 100% and declining by 20% each year. The City Council approved the Notice of Intent at their April 25, 2002 Council meeting. Staff recommended approval of this resolution. (40.) Resolution No. 2002-RO183 authorizing the Mayor to sign an agreement with the Lubbock Arts Alliance to administer the art grant program. RESOLUTION NO. 2002-RO183 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 by and between the City of Lubbock and the Lubbock Arts Alliance, Inc., to administer the art grant program, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of May, 2002. /S/ WINDY SITTON MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons Cultural Arts Services 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-R0183. For the past 20 years, the Lubbock City Council has partnered with the Lubbock Arts Alliance, Inc., whereby the Arts Alliance manages a grant program designed to encourage and promote all forms of art in the Lubbock community. Funding for the grant program is allocated from 5.71429 % of the total hotel/motel tax collected during the previous fiscal year. The 2002-2003 agreement provides for a total of $152,151.39, which is 5.71429 % of the total hotel/motel tax collected during the fiscal year ended September 30, 2001. The agreement provides that a joint review committee, represented by the Lubbock Arts Alliance, Inc. and appointments by the Lubbock City Council, evaluate applications from community arts organizations for the art grants. The grants review 349 Regular City Council Meeting May 9, 2002 Page 350 committee then makes recommendations to the City Council for awarding of the grant funds. Upon approval by the Lubbock City Council, the Lubbock Arts Alliance, Inc., using funds received from the city, then allocates funds for the approved programs. The Lubbock Arts Alliance is responsible for monitoring and administering all aspects of the grant program. Lubbock Arts Alliance, Inc., recommended a new agreement be approved so the grant program may continue through the 2002-2003 grants cycle. Staff recommended approval of this resolution. (41.) Resolution No. 2002-R0184/RFP #308-01/RW-for Remote Automated Kiosk, Lake Alan Henry (Water Utilities). RESOLUTION NO. 2002-RO184 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 remote automated kiosk, Lake Alan Henry, by and between the City of Lubbock and Touch Controls, Inc. of Fallbrook, California 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 9th day of May, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Becky Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman by BDM 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-R0184. This project involves the installation of a high-tech kiosk at the Lake Alan Henry Permit Office. The kiosk will utilize a touch -screen for direct customer interface in order to sell lake user permits to the public. The kiosk will be in operation at all times at the lake because the lake is open to the public 24 hours a day. It is anticipated that the kiosk operation will provide better law enforcement, enhanced customer service, and increased safety for our staff at the lake. The kiosk contains an internal computer and receipt printer to record transactions as well as provide credit card and currency transactions with change -making ability. This type of kiosk is highly specialized, especially when utilized in an outdoor setting, and only one company responded to the RFP. After the selection committee requested a product demonstration, Touch Controls, Inc. presented their product to the committee members as well as other City representatives interested in the function of an outdoor kiosk. The 350 Regular City Council Meeting May 9, 2002 Page 351 presentation of the product was impressive, especially in the specialized features used to prevent damage from vandalism and the effects of harsh weather conditions. Touch Controls provides a five -inch thick touch screen that resists bullet shots at close range. Because of the specialized nature of this product, the evaluation criteria focused on the technical aspects of the internal computer, the database, the ease of operation for the City, and the "operator friendly" customer interface. The selection committee is confident that Touch Controls, Inc. of Fallbrook, California can provide a product that is reliable, vandal -resistant, and easy for customers to operate. The contract amount is $47,947 and is within the Lake Alan Henry Recreational Improvements Capital Projects budget. The contract amount includes the customization and fabrication of the kiosk equipment, the software customized specifically for the City's application, software set-up and operational training for City staff. Touch Controls will contract with a local service provider in Lubbock to provide any required service. (42.) Resolution No. 2002-R0185/BID #015-02/RS-for Meal Service for Senior Citizen Centers (Parks and Recreation). RESOLUTION NO. 2002-RO185 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 meal service for senior citizen centers, by and between the City of Lubbock and Aramark Educational Services, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of May, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0185. This contract provides food services for the Senior Meal Program. The Senior Meal Program feeds approximately 68,000 hot meals a year to senior citizens of Lubbock who potentially otherwise would not eat. The City of Lubbock Senior Meal Program provides a hot meal that targets any citizen 60 years of age or older, for a recommended donation of $2 per meal. These meals are served five days a week at five sites located in Lubbock. Meals are required to meet one-third recommended daily 351 Regular City Council Meeting May 9, 2002 Page 352 allowance as established by Texas Department of Aging Regulations. The meal menus are developed by a licensed dietician employed by the South Plains Association of Governments and are then prepared and delivered by a food services vendor. The low bid is $152,320 from ARAMARK Education Services, Inc. of Lubbock, Texas and is within the Grant Program for Aging -Title III-C budget. 43.) Resolution No. 2002-R0186/BID #071-02/VK-for Silent Wings Museum Exhibit Fabrication and Installation (Aviation). RESOLUTION NO. 2002-RO186 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 Silent Wings Museum Exhibit fabrication and installation, by and between the City of Lubbock and Exhibit Works of Livonia, Michigan, 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 9th day of May, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Becky 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 9`' day of May, 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 Exhibit Works, Inc., of the City of Livonia, County of Wayne, and the State of Michigan, 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 #071-02/VK - SILENT WINGS MUSEUM EXHIBIT FABRICATION AND INSTALLATION - $435,370.00 352 Regular City Council Meeting May 9, 2002 Page 353 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 by Brenda Brown Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Owner's Representative APPROVED AS TO FORM: /s/ «CityAttorney, City Attorney ATTEST: Corporate Secretary /s/ « CorpSecretary» CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc; McDougal MAYOR CONTRACTOR: Exhibit Works, Inc. Bv: /s/ Daud A. Brown PRINTED NAME: Daud A. Brown TITLE: CEO COMPLETE ADDRESS: Exhibit Works, Inc. 13211 Merriman Road Livonia, MI 48150 This contract is for the fabrication and installation of exhibits at Lubbock International Airport's Silent Wings Museum. The museum exhibit design was by HOK Studio E. of St. Louis, Missouri. Artifacts and photographs from the museum's collection will be featured in 16,440 square feet of exhibit galleries located in the old municipal airport terminal that is now under renovation. Exhibit components and fixtures will be fabricated offsite by the contractor and subsequently installed at the Silent Wings Museum. Exhibits will consist of text panels with graphics, museum -quality artifact cases and exhibit fixtures, full-scale dioramas, and restored aircraft. A third party will install DVD and computer driven multimedia theater and gallery productions. -- The exhibit program will be the center of the Museum's educational efforts serving the visiting public, school children, university students and researchers. The interpretive content of these exhibits will portray the history of the World War II combat glider program, including the role of Lubbock and the South Plains region in the training of glider pilots. While Southwest Museum Services overall has a solid reputation in the museum exhibit business and a long client list in the region, staff and the 353 Regular City Council Meeting May 9, 2002 Page 354 architect/engineer have reservations about their involvement as the fabricator for the Silent Wings Museum opening phase. In light of the firm timetable and in the interest of obtaining the best product value for the City through competitive bids, staff recommended that Southwest Museum Services' low bid be passed over based on the following concerns: A. The bid document provided by Southwest Museum Services (SWMS) was minimal. Follow-up questions to SWMS demonstrated their unfamiliarity with many of the specified products in the Invitation to Bid. Indeed, the products specified for exhibit case types A and B were of their own design/manufacture and not Guenschel or equivalent as specified. The total exhibit case line item was some $11,000 less than the factory direct price submitted by the case manufacturer Guenschel themselves. B. Manikin figures bid on by SWMS were described as the LifeForms brand rather than as the specified Dorfman figures. While claiming the non -Dorfman figure to be an equivalent at less cost, the SWMS bid was $5,434 higher than another company who specified Dorfman figures. C. The weapons case is an expensive and detailed portion of the exhibit program. The SWMS bid on this section of $9,000 raises concerns of quality, as it is $15,000 less than one and $19,000 less than another bidder's price. D. While bidding comparable dollar amounts for the mural work, SWMS expressed a desire to use hand -painted murals in these areas that clearly specify photomurals. This is a good indication that either they were not as familiar with what was being specified as they should have been or they intend to use hand - painted murals as a cost savings measure. In addition to these specific concerns, staff did have one reference call (out of four) on a job in the State of Texas that would not recommended SWMS for future fabrication work. While SWMS is the only Texas firm to bid on the Silent Wings Museum fabrication/installation, they neither joined in the pre -bid meeting in person or by telephone. They did not participate in the scrutiny and resulting addenda that other firms did and the presentation of their submitted bid was minimal as was their ability to answer questions as to assurances of delivering timely products as specified in the invitation to bid. Staff considered the overall quality and durability of the exhibit products as this will be the main impression that Museum visitors take with them after visiting the facility. The best value bid is $435,370 from Exhibit Works of Livonia, Michigan and is within the Silent Wings Museum Renovation Project budget. Exhibit Works' overall thoroughness and responsiveness during the bid process provided a very favorable impression on staff and the architect/engineer for this project. In addition, Exhibit Works has adequate staff to meet our construction and installation deadline and this project fits well into their work schedule. 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. 354 Regular City Council Meeting May 9, 2002 Page 355 REGULAR AGENDA (44.) Ordinance No. 2002-00054-ZONE CASE; NO. 2255-K (5801 63rd Street): 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 (second and final reading) . 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. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on second and final reading Ordinance No. 2002-00054 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor Sitton recused herself. Next item to be considered was Item No. 48. (45.) 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 (second and final reading). This item was deleted. (46.) Ordinance No. 2002-00060-Amending the 2001-02 Budget (second and final reading). This item was deleted. (47.) Resolution No. 2002-R granting D. Elegance Limousine approval to operate a 1991 model Lincoln Towne Car in its limousine business. This item was deleted. (48.) Resolution No. 2002-RO187 canvassing the vote and declaring the results of the May 4, 2002 City General Election and calling a Run- off Election if necessary. This item was considered following Item No. 44. RESOLUTION NO. 2002-RO187 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE GENERAL CITY ELECTION HELD MAY 4, 2002. BE IT REMEMBERED THAT, on the 9th day of May, 2002, the City Council of the City of Lubbock met at 9:25 o'clock a. in. at the regular meeting place of the City Council in the City of Lubbock Municipal Building with the following members present, to -wit: Windy Sitton, Mayor Victor Hernandez T. J. Patterson J. David Nelson Frank W. Morrison Marc McDougal Alex "Ty" Cooke 355 Regular City Council Meeting May 9, 2002 Page 356 On Motion of T. J. Patterson, seconded by J. David Nelson, it is unanimously carried that the returns of the General City Election held May 4, 2002, for the election of a Mayor and three City Council Members, as provided by law, be opened and canvassed, and the results of the election be declared therefrom; and said returns having been duly canvassed, it is found that the votes for the various candidates are as follows: CANDIDATES FOR MAYOR VOTES RECEIVED Isaac "Ike" Garnet 1,683 Rick Fowler 1,574 Gilbert J. Montes, II 783 D. Marc McDougal 11,912 Ysabel Luna 1,257 Larry N. Rogers 1,607 Rick Spivey 1,195 CANDIDATES FOR COUNCIL DISTRICT 1 VOTES RECEIVED Clyde Myers 446 Victor Hernandez 711 CANDIDATES FOR COUNCIL DISTRICT 3 VOTES RECEIVED Gary Boren 2,107 CANDIDATES FOR COUNCIL DISTRICT 5 VOTES RECEIVED John M. Turnbow 1,302 Tom Martin 2,893 Don Boatman 437 Stephen R. Lampman 118 TOTAL VOTES CAST IN ELECTION 20,717 And it further appearing that said election was duly held as provided by law and that the following persons received a majority of the votes of the sum total of votes cast for each specified position: iz-AMN-2revilt MAYOR COUNCIL DISTRICT 1 COUNCIL DISTRICT 3 COUNCIL DISTRICT 5 PERSON RECEIVING MAJORITY VOTE D. Marc McDougal Victor Hernandez Gary Boren Tom Martin IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the persons named above as receiving the majority vote for each position are duly elected to the office indicated. PASSED, APPROVED AND ADOPTED ON MOTION OF T. J. PATTERSON, SECONDED BY J. DAVID NELSON, THIS 9TH DAY OF MAY, 2002. 356 Regular City Council Meeting May 9, 2002 Page 357 COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NAY: Windy Sitton, Mayor Victor Hernandez T. J. Patterson J. David Nelson Frank W. Morrison Marc McDougal Alex "Ty" Cooke /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney The governing body is required to canvass election results not earlier than the third day nor later than the sixth day after Election Day. Each Councilmember will be provided with tabulation sheets showing the number of votes cast for each candidate as well as the number of under votes and over votes in each precinct. The resolution will canvass the returns and declare the results of the General Election for the Mayor, City Councilmembers Districts 1, 3, and 5. The City Secretary, Rebecca Garza, read the votes received for the election and recommended that the City Council accept the returns and act favorably on the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 2002-RO187 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (49.) Resolution No. 2002-RO188 canvassing the vote and declaring the results of the May 4, 2002 City Special Election (Smoking Issue). RESOLUTION NO. 2002-RO188 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL CITY ELECTION HELD MAY 4, 2002. WHEREAS, an election was held in the City of Lubbock on the 4th day of May, 2002, for the purpose of submitting a proposition pertaining to adoption or rejection of a proposed city ordinance pursuant to the initiative provisions of the Lubbock City Charter; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with the Lubbock City Charter and applicable laws of the State of Texas governing the calling and governing of such election; and WHEREAS, the returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for each polling place and for early voting, as canvassed and tabulated by this governing body 357 Regular City Council Meeting May 9, 2002 Page 358 and shown in Exhibit A attached hereto, reflect that the sum of precinct vote totals "FOR" and "AGAINST" such adoption of such ordinance are as follows: PROPOSITION SHOULD THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BE AMENDED BY ENACTING A PROPOSED ORDINANCE TO REPEAL ARTICLE ix, CHAPTER 12, PERTAINING TO SMOKING IN PUBLIC PLACES AS IT PRESENTLY EXISTS AND SUBSTANTIALLY RE-ENACTING ARTICLE IX, CHAPTER 12, AS IT EXISTED IMMEDIATELY PRIOR TO JULY 12, 2001; INCLUDING PROVISIONS TO PROVIDE OWNERS OF PROPERTY OPEN TO THE PUBLIC THE OPTION OF DESIGNATING A PORTION OF THEIR PROPERTY AS A SMOKING AREA; REPEALING THE REQUIREMENT THAT OWNERS MAKE STRUCTURAL OR PHYSICAL CHANGES IN THEIR PROPERTY; RE-ENACTING THE REQUIREMENT THAT OWNERS POST SIGNS DESIGNATING AN AREA AS A SMOKING AREA; PROHIBITING SMOKING IN ELEVATORS, SERVICE LINES, CASHIER AREAS, OVER THE COUNTER SALES AREAS, RESTROOMS, AND IN OTHER AREAS IN WHICH SMOKING IS PROHIBITED BY THE FIRE MARSHAL, OTHER LAWS, ORDINANCES OR REGULATIONS; PROHIBITING POSSESSION OF TOBACCO BY MINORS; AND REGULATING THE SALE OF TOBACCO BY VENDING MACHINES. VOTES FOR: 7,509 VOTES AGAINST: 13,256 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT all of the recitals contained in the preamble of this Resolution are found to be true and are adopted as findings of fact by this governing body as part of its decision. SECTION 2. THAT it is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit A attached hereto, and, a majority of the electors voting at said election having voted against the proposition, the City Council hereby declares the result of the Special City Election to be that said ordinance is not adopted. PASSED AND APPROVED by the City Council of the City of Lubbock this 9th day of May, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney The governing body is required to canvass election results not earlier than the third day nor later than the sixth day after Election Day. Each Councilmember will be provided with tabulation sheets showing the number of votes cast for the proposition. The resolution will canvass the returns and declare the results of the Special Election for this proposition. 358 Regular City Council Meeting May 9, 2002 Page 359 The City Secretary, Rebecca Garza, read the votes received for the election and recommended that the City Council accept the returns and act favorably on the resolution. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass Resolution No. 2002-RO188 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 9:42 A.M. CITY COUNCIL RECESSED UNTIL 10:00 A.M. 10:05 A.M. CITY COUNCIL RECONVENED SWEARING -IN CEREMONY Mayor Pro Tem Ty Cooke presented comments and recognized outgoing Mayor Windy Sitton and Councilmember David Nelson. He also presented them with their nameplates. Each addressed Council with remarks concerning their tenure. The following newly elected Mayor and Councilmembers were sworn in: Mayor Marc McDougal; Councilmember Victor Hernandez, District 1; Councilmember Gary O. Boren, District 3; and, Councilmember Tom Martin, District 5. Each of the newly elected addressed Council with remarks concerning the future. A reception immediately followed. 11:40 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION RECEPTION 1:10 P.M. CITY COUNCIL RECONVENED Those present were Mayor McDougal, Councilmember Morrison, Councilmember Boren and Councilmember Martin. 1:11 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Morrison made a motion to adjourn; Motion carried: 4 Yeas, 0 Nays. Read and approved this day of MARC,CDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 359