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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/25/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 25, 2001 1:30 P. M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of January, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 1:30 P. M. 1:35 P. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson Absent: Councilmembers Hernandez and Patterson CITIZEN COMMENTS Five citizens expressed comments to the Council. They were: Don Yontz of Uponor ETI Company, Richard Sandefur of Sandefur Sales, Ron Bishop, Vice -President of Diamond Plastics, Inc. and Mark Montgomery of Uponor ETI Company regarding Bid #278-00/LR. Dr. Neale J. Pearson expressed comments in regard to the relocation of the voting place for Voting Precinct No. 23. 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 Attorney; City Manager; City Secretary); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Civic Center; Lubbock Power and Light; Parks 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 (Facilities Management; Fire Department; Lubbock Power and Light; Stormwater Utilities; Water Utilities). 2:00 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except for Councilmembers Hernandez and Patterson. (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). ( 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 25 Regular City Council Meeting January 25, 2001 Page 24 litigation (Civic Center; Lubbock Power and Light; Parks 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: Community Relations Commission Board of Electrical Examiners Board of Health Neighborhood Redevelopment Commission Park and Recreation Board ( 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 (Facilities Management; Fire Department; Lubbock Power and Light; Stormwater Utilities; Water Utilities). 3:42 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except for Councilmembers Hernandez and Patterson ( 6.) Discussed residential development at Lake Alan Henry. Harvey Morton, Gerald Huffaker, Attorneys at Law and Judge Giles Dalby (15 minutes) Mr. Morton wrote a letter requesting that he and Mr. Huffaker be placed on the agenda and outlining their proposed plans for Lake Alan Henry residential development. No action was required on this item. (7.) Presentation of the City of Lubbock Comprehensive Annual Financial Report for the fiscal year 1999-2000. Perry Stout, Interim Managing Director of Finance; John Burdette, CPA and Partner at Robinson, Burdette, Martin, Seright & Burrows, L.L.P. (20 minutes) Each year the Accounting Department prepares a comprehensive annual financial report (CAFR) that is designed to provide the City Council, citizens, representatives of financial institutions and others with detailed information concerning the financial condition and performance of the City of Lubbock. As a significant component of the preparation of the CAFR, an independent audit firm of certified public accountants performs an audit of the City's general-purpose financial statements and notes. The City of Lubbock 1999-2000 Comprehensive Annual Financial Report was distributed to City Council members in the work session presentation. Financial highlights of City operations for the fiscal year ended September 30, 2000 was presented via PowerPoint presentation. John Burdette, CPA and partner of Robinson, Burdette, Martin, Seright & Burrows, L.L.P., presented the audit opinion to the City Council and addressed any questions that the City Council members had about the audit or audit opinion. City Council was asked to take minuted action to accept by consensus the annual financial report. Preparation of the report and acceptance by the City Council was required under the City Charter. The report was accepted by consensus. 24 Regular City Council Meeting January 25, 2001 Page 25 (8.) Presentation regarding Temporary Election Committee's recommendations on polling places. Becky Garza, Interim City Secretary; and Neale Pearson, Committee Member (10 minutes) This item was deleted. 4:45 P. M. WORK SESSION RECESSED 5:00 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Bob Cass, City Manager; Anita Burgess, City Attorney; and Becky Garza, Interim City Secretary Absent: Councilmembers Hernandez and Patterson Mayor Sitton called the meeting to order at 5:00 P. M. (9.) Pastor Norris Harris of New Zion Baptist Church gave the invocation. (10.) Pledge of Allegiance -,N,as given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board: Receiving: Bruce Allaire Building Board of Appeals: Receiving: Mark Anderson Culture and Arts Commission: Receiving: Julia Carrillo Keep Lubbock Beautiful Advisory Committee: Receiving: Janet Schmidly Permit and License Appeal Board: Receiving: David Tate CITIZEN APPEARANCES (11.) Presentation of Certificate of Achievement for Excellence in Financial Reporting to the City of Lubbock by Bob Freeman, former Vice Chairman of the Governmental Accounting Standards Board (GASB). The Government Finance Officer's Association of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial reporting to the City of Lubbock for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 1999. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement for Financial Reporting, a governmental unit must publish an easily readable and efficiently organized CAFR, where contents conform to program standards. The CAFR must satisfy both generally accepted accounting principals and applicable legal requirements. The City of Lubbock has received the Certificate of Excellence in Financial Reporting for the past sixteen consecutive years. 25 Regular City Council Meeting January 25, 2001 Page 26 Bob Freeman, distinguished professor of accounting at Texas Tech University and former Vice Chairman of the Governmental Accounting Standards Board (GASB), represented the Government Finance Officer's Association by this presentation of this award to the City. The award was accepted by Perry Stout, Interim Managing Director of Finance. Perry Stout also recognized other staff members: Brack Bullock, Linda Cuellar, Andy Burcham and Dena Morris. No action was required. (12.) Presentation of a special recognition to South Plains Tech Prep and School -To -Careers Partnership in recognition of National Groundhog Job Shadow Day. The Mayor presented this special recognition declaring February 2, 2001 as the third annual "Groundhog Job Shadow Day" to the South Plains Tech Prep and School -To -Careers Partnership. Groundhog Job Shadow Day is a day dedicated to giving young people across the nation the chance to shadow a workplace mentor as they go through a normal day on the job. This event will provide students with an up -close look at how the skills they learn in school are put into practice in the workplace. Approximately 1,100 high school juniors, 15 of whom are disabled, will be participating and representing 31 schools across our region. Jill Berset, Director of the South Plains Tech -Prep and School -To -Careers Partnership accepted this special recognition. Staff provided the names of these individuals to Mayor and Council prior to the presentation. Mayor Sitton requested that this item be placed on the agenda. (13.) Presentation of the Legendary Service Star Award for January. The Legendary Service Star Award recognizes an employee or team which has exhibited exemplary customer service. Chief Hailey and Bob Cass recognized the employees of the Fire Department. They were: Ed Donaho, Roger Jeffcoat, Kyle Pounds, Wes Richardson, Les Wooten, Chris Angerler, Lance Barrett, Rex Driver, Doug Fish, Ed Henderson, Mark LaFon, Mike Martin, Shawn Potter and Randy Selman. TOP TEN LIST Councilmember David Nelson presented his Top Ten List of Positive Things About Lubbock. No. 10 is Legislative Opportunities. With the help of our neighbor to the north, (Speaker of the House Pete Laney from Hale Center), Lubbock is poised to reap legislative successes during the next biennium. Lubbock's Delwin Jones is Chairman of the vital Redistricting Committee of the State House, Lubbock native Rob Junell is Chairman of the House Appropriations Committee - and with our Senator Robert Duncan again serving on the Senate Finance Committee, Lubbock is poised to benefit from this legislative session, especially with fellow West Texan Rick Perry (Haskell) as our Governor. No. 9 is Unanimity of Voice. Though the legislative process allows for a variety of opinions and philosophies, I can safely say that our City Council and our economic development arms are unanimous in the one thing that is most vital to Lubbock; that is to make Lubbock the best place in which to live and work in the United States. We will join hands, join forces, and join voices in accomplishing that objective. 26 Regular City Council Meeting January 25, 2001 Page 27 No. 8 is Black History Month. The month of February has been designated as Black History Month. We should celebrate and highlight that as a positive aspect of our city. Black History Month began in 1915 by a noted black scholar and historian named Carter G. Woodson, who is known as the father of Black History. February is chosen because it includes the birth dates of other champions of black awareness, Frederick Douglas and Abraham Lincoln. Remember, Lubbock has over 19,000 residents of African -American origin — almost 10% of our total population — who are making increasingly significant contributions to our community. No. 7 is Boards and Commissions. Participation in the government process by our citizens is one of the keys to Lubbock's success. Our City Council is able to utilize the depth and breadth of resources of our individual citizens through 43 advisory boards. I invite you to volunteer your time and resources by serving on one of our many boards and commissions. Apply through the City Secretary's office. No. 6 is Oxymoronic. Certainly you have heard Lubbock described as an and oasis and perhaps a city comprised of visionary conservatives. These seemingly incongruent terms aptly describe what we in Lubbock have known forever. Where else but in Lubbock can you produce a $10 billion agricultural crop annually on 18 inches of rainfall, without the advanced technology of 21" century irrigation and the true persistence of our farm community? Where else but Lubbock do you envision your city going from a cotton patch to the largest cotton producing area in the U.S., and taking Texas Technological College from its simple origin in 1923 to a Tier I research university? No. 5 is Corridors. I-27, Ports -to -Plains, and Agri -Tech. Much has been said about the opportunity that our highway system provides from an economic development standpoint. The efforts by community leaders from Mexico to Colorado, emanating right here in Lubbock, are creating opportunities for economic development that will benefit generations in the future. No. 4 is Kids. Kids are our future and are our primary source of population growth. Not only are kids vital statistically, but they are our future, both in resources (brainpower and enthusiasm), and as an investment that pays dividends. If we can retain or bring our kids back to Lubbock by providing them jobs, doesn't it stand to reason that Lubbock will be a better place in the future? No. 3 is Yippee Kiyiyo. Cowboys made west Texas real estate valuable and provided us a rich heritage. The Ranching Heritage Center is a one - of -a -kind museum that preserves that history and enables us to have celebrations like the National Cowboy Symposium. Do you suppose those early cowboys ever envisioned sitting around the campfire admiring the fertile pastureland while pouring a bottle of vintage Lubbock wine? Cowboys and Cabernet — only in Lubbock. No. 2 is Exemplary Schools. LISD has 30 schools that have been declared exemplary or have been recognized by the Texas Education Agency. Our campuses are safe, and Lubbock High has been nationally recognized as a Blue Ribbon High School. Because of the hard work and genuine concern of our teachers and principals, our community is receiving dividends now, and will in the future. No. 1 is State of Mind. Bigger and better (at least as compared to Amarillo!), proud, competitive, economically evolving, hub, young adult - like, broadening ethnically, simple, plain-spoken, fiscally conservative, godly, hospitable, friendly, spoiled (even though we don't realize it), and small fish in the big pond (but, by God, we belong in the big pond!). Yes, 27 Regular City Council Meeting January 25, 2001 Page 28 Lubbock is truly a state of mind, and how fortunate we are to live in such a great state of mind! CONSENT AGENDA (Items No. 14-44) Motion was made by Councilmember McDougal, seconded by Councilmember Morrison to approve Items 14-44 on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (14.) Approval of the minutes of the Regular City Council Meeting of January 11, 2001. (15.) ORDINANCE #2001-00003—ZONE CASE NO. 2896 (661h Street and Quincy Avenue): Request of Jay Stone (for Jay and Thelma Stone, George McMahan, Donald and Joyce Cunningham, Mark and Rhonda Greco, L.D. and Virginia Martin, and Paz Malinar) for a zoning change from T to C-4 with conditions on tracts of land out of the northwest corner of Section 30, Block AK (second and final reading). ORDINANCE NO. 2001-00003 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2896; A ZONING CHANGE FROM T TO C-4 AND C-4 SPECIFIC USE FOR MINI WAREHOUSES ZONING ON TRACTS OF LAND OUT OF THE NORTHWEST CORNER OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE #2001-00004—ZONE CASE NO. 2897 (7617 S. University Avenue): Request of Chris Level (for the Aark Self Storage) for a zoning change from C-2 to C-4 Specific Use for mini warehouses on a 50 foot by 125 foot parcel of land out of Tract E, Sandlewood Village Addition (second and final reading). ORDINANCE NO.2001-00004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2897; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A 50 FOOT BY 125 FOOT PARCEL OF LAND OUT OF TRACT A-1-13 AND A 50 FOOT BY 19 FOOT PARCEL OF LAND OUT OF TRACT E, SANDLEWOOD VILLAGE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE #2001-00005—ZONE CASE NO. 2898 (3608 24th Street): Request of Gary A. Ward (for Endoscopic Land Development) for a zoning change from R-1 to AM on the south 160 feet of Lot 5A, Block 1, Rock Haven Addition (second and final reading). ORDINANCE NO.2001-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2898; A ZONING CHANGE FROM R-1 TO AM ZONING ON SOUTH 160 FEET OF LOT 5A, BLOCK 1, ROCK HAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. W Regular City Council Meeting January 25, 2001 Page 29 (18.) ORDINANCE #2001-00006—ZONE CASE NO. 2899 (7702 Indiana Avenue): Request of Tim Pridmore (for Cumberland Presbyterian Church) for zoning change from R-1 to A-2 for a church and church related uses on Tract G and the north 250 feet of Tract G-1, Melonie Park South Addition (second and final reading). ORDINANCE NO.2001-00006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2899; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO CHURCH USES ON TRACT G AND THE NORTH 250 FEET OF TRACT G-1, MELONIE PARK SOUTH ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE #2001-00007—ZONE CASE NO. 2900 (northwest corner of 1" Street and University Avenue): Request of Hugo Reed and Associates, Inc. (for Rodney Warren) for a zoning change from R-2 to C-4 for a drive in restaurant on the east 3 feet of Lot 19 and Lots 20-24, F.R. Friends Addition (second and final reading). ORDINANCE NO.2001-00007 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2900; A ZONING CHANGE FROM R-2 TO C-4 SPECIFIC USE FOR A DRIVE IN RESTAURANT ZONING ON THE EAST 3 FEET OF LOT 19 AND LOTS 20-24, F.R. FRIENDS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE #2001-00008—ZONE CASE NO. 2901 (1201 Alcove Avenue): Request of David and Teresa Teague for a zoning change from R-1 to R-1 Specific Use (residential estates) on a 25.513 acre tract of land out of the southwest quarter of Section 1, Block D-6 (second and final reading). ORDINANCE NO. 2001-00008 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2901; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE (RESIDENTIAL ESTATES) ZONING ON A 25.513 ACRE TRACT OF LAND OUT OF THE SOUTHWEST QUARTER OF SECTION 1, BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance No. 2001-00009 amending Chapter 21 and Chapter 25 of the Code of Ordinances reflecting changes made to the original ordinance with regard to development and/or acceptance of playa lake areas within the City of Lubbock as storm water detention basins or parks (first reading). ORDINANCE NO.2001-00009 AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEVELOPMENT AND/OR ACCEPTANCE OF PLAYA LAKE AREAS WITHIN THE CITY OF LUBBOCK AS STORMWATER DETENTION BASINS OR PARKS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 29 Regular City Council Meeting January 25, 2001 Page 30 (22.) Resolution No. 2001-R0006 amending the contract for employment physical examinations and drug/alcohol screening (RFP 98167) between the City of Lubbock and Covenant Health Center to include firefighter return to work physicals in accordance with NFPA 1500 and NFPA 1581 Standards. RESOLUTION NO. 2001-R0006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Contract for Employment Physical Examinations and Drug/Alcohol Screening (RFP#98167) between the City and Covenant Health Center, a copy of which Amendment is attached hereto and any associated documents, which Contract shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment No. 1 is filed with Resolution No. 2001-R006. The Lubbock Fire Department's Sick Leave Program, Section II — Justification of Sick Leave Absence, requires that all firefighters who are absent from work for more than five consecutive days or two and one-half shifts, undergo a medical examination and provide a physician's statement confirming illness or injury. Prior to a firefighter returning to full duty from a debilitating injury, illness, or any other extended leave, a firefighter shall have a physical performance assessment performed by the health and fitness coordinator under the supervision by the Fire Department's physician based on the individual's duties and responsibilities. It is recommended that the City Council adopt the resolution to include the additional cost of the return -to -work physicals. 30 Regular City Council Meeting January 25, 2001 Page 31 (23.) Resolution No. 2001-R0007 authorizing the Mayor to execute an agreement for and on behalf of the City of Lubbock to grant $75,000 to Texas Tech's Department of Engineering in order to provide computers, supplies and training to youth that would not otherwise have an opportunity to utilize a home computer. RESOLUTION NO.2001-R0007 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 an Interlocal Governmental Agreement with regard to a "Digital Divide" Grant by and between City and the Texas Tech University, acting by and through its College of Engineering, and any associated documents, 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 hereof as if fully copied herein in detail. Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary 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. 2001-R0007. In January 2000, the City Council identified several strategic issues related to the economic growth and quality of life in Lubbock. Among those issues was the priority to develop and maintain state of the art telecommunication infrastructure for citizen/public access to government, the Internet, closing the "digital divide" by involving learning institutions, and for business attraction and retention. Since that time, staff has initiated several projects aimed at achieving this goal. The Library staff received a grant from the Bill and Melinda Gates Foundation to add 22 computers to the Library system. Furthermore, the Parks and Recreation staff has upgraded the 12 computers at the 191" Street Senior Center, with funding provided by the Junior League of Lubbock. Likewise, the 8 computers at the Maggie Trejo Supercenter were upgraded. Altogether, these computer labs now have 20 Internet accessible computers and they feature software training classes aimed at providing workforce skills to youth, adults and seniors. In addition to these efforts, staff has met with other community organizations to ensure that the City's efforts are not duplicated. A unique opportunity to partner with Texas Tech University Department of Engineering has surfaced as a result of these meetings. In FY 1999-2000, the Texas Tech University Department of Engineering (TTUDOE) began a project, called Building Computers, Families and Communities, to introduce computer skills to demographic populations 31 Regular City Council Meeting January 25, 2001 Page 32 that have been identified as being under -represented in educational programs. The TTUDOE project has targeted youth and their families that do not have access to home computers. The Building Computers, Families and Communities program provides a computer, software training and workforce development skills for these families. The families that participate actually build their own computers with assistance from the TTUDOE. Once the computers are constructed, the families receive software training that enables them to use the Internet, write business letters, develop a budget, etc. These business skills will enhance the job opportunities available to the family members. To further the goals of the Building Computers, Families and Communities program, the TTUDOE has applied for a grant from the National Science Foundation. In addition, TTUDOE has requested $75,000 from the City of Lubbock to expand the program to one hundred more families. By participating in this project, the City will join Texas Tech University, South Plains College, Lubbock ISD, and other local businesses to enhance the telecommunication infrastructure for the public. The funding source for the $75,000 originates from the Cox Cable Franchise Fee that was renegotiated in FY 1998-99. Cox Cable pays five percent of its gross revenues, as defined in Ordinance #8573, from its cable television business within the corporate limits of the City of Lubbock. Sixty percent of this revenue stream goes to the General Funds, while the remaining forty percent is earmarked for Information Technology projects. In return for the $75,000 grant, the TTUDOE agrees to administer the program including the following activities: • Purchase components for 100 computers • Select instructors to provide training on assembling the computer parts into workable computers • Provide software for each computer including word processing, spread sheet and internet access software, CDs, diskettes and other computer supplies • Select instructors to provide software training for the youth and their families LISD • Supervise and manage the training, including providing training facilities • Provide to LISD the appropriate criteria for selection of students to participate in the program. The criteria will include, at minimum, low- income level, satisfactory attendance and at least a "C" average. By taking advantage of the City's computer labs and by partnering with the universities and private sector on this education and training program, the City of Lubbock will help expand the supply of skilled labor for existing and new business in the region. Staff recommended that Council authorize the Mayor to execute an agreement to grant $75,000 to Texas Tech's Department of Engineering in order to provide computers, supplies and training to youth that would not otherwise have an opportunity to utilize a home computer. Helen Watson and her family were recipients of this program and thanked the Council for the opportunity. 32 Regular City Council Meeting January 25, 2001 Page 33 (24.) Resolution No. 2001-R0008 authorizing the Mayor to execute a lease agreement between S.E. Cone, Jr. and the City of Lubbock. RESOLUTION NO.2001-R0008 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 S.E. Cone, Jr, for a hanger and premises at the Lubbock International Airport, 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 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 Agreement is filed with Resolution No. 2001-R0008 S. E. Cone, Jr. has leased a 7,600 square foot steel hangar located on the east side of the airport since October 1991. The agreement has expired, and Mr. Cone wishes to continue leasing the building. The proposed agreement has an initial term of 5 years, with an additional 5-year option subject to the approval of both parties and re -negotiation of the rental rate. The rental rate for the initial term will be $7,537.76 which is the same as the current rate plus $760 for hazard and extended coverage insurance on the building. The base rate will be subject to an annual CPI adjustment. The Airport Board reviewed the agreement and recommended approval. Staff also recommended approval. (25.) Resolution No. 2001-R0009 authorizing the Mayor to execute Amendment #5 to Engineering Services Agreement between the City of Lubbock and Delta Airport Consultants, Inc. for the design of an Airport Rescue and Fire Fighting (ARFF) Facility at Lubbock International Airport. RESOLUTION NO.2001-R0009 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, Amendment No. 5 to the Agreement dated May 22, 1997, between the City of Lubbock and Delta Airport Consultants, Inc. for the ARFF Training Facility at Lubbock International Airport, and 33 Regular City Council Meeting January 25, 2001 Page 34 related documents. Said Amendment No. 5 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 25t" day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 Amendment No. Five (5) is filed with Resolution No. 2001-R0009 In 1996, the City Council awarded master engineering services agreements to two firms, each agreement giving first -right -of -refusal for specific projects in the airport's Capital Improvement Program. As a part of this process, the project to design a new Airport Rescue and Fire Fighting (ARFF) training facility was awarded to Delta Airport Consultants, Inc. Early last year, the City Council authorized Delta to proceed with the design of the ARFF Training Facility. Once the design phase was completed, the project was put out for bids and a construction contract was awarded. This agenda item authorizes Delta Airport Consultants to provide construction phase engineering, testing and resident project representation for the project. These services will provide engineering oversight and testing during construction, and on -site monitoring of the construction project as it progresses. The negotiated cost for these services is a "not to exceed" amount of $408,978. This amount is within the original budget submitted to the City Council during the annual budget process. Ninety percent of the funding for the project will come from the Federal Aviation Administration. The remaining ten percent will come from the Passenger Facility Charge program. The Airport Board reviewed the amendment and recommended approval. Staff also recommended approval. (26.) Resolution No. 2001-R0010 authorizing the Right -of -Way Department to make an offer to James D. Farmer and wife, Drue Farmer for a 0.09 acre fee simple tract of land and a 0.34 acre slope easement for the Milwaukee Avenue widening project, 4th Street to 341h Street, located in Section 10, Block JS, Lubbock County (1520 Milwaukee Avenue). 34 Regular City Council Meeting January 25, 2001 Page 35 RESOLUTION NO. 2001-R0010 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for Milwaukee Avenue widening project from 4ch Street to 341h Street 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 lands 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 fee simple title and slope easement to the tracts of land further described in Exhibit "A" and Exhibit "B" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owners of said tracts, being James D. Farmer and wife, Drue Farmer, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $48,000.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes and slope easement herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title and slope easement. Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 A copy of Exhibits "A" and `B" is on file with Resolution No. 2001-R0010. This right-of-way taking is needed for the Milwaukee Avenue widening project from 4ch Street southward to 341h Street. This parcel is located along the west side of Milwaukee Avenue, just south of 15th Street. This right-of-way taking is in two parts. The first is the fee simple taking of 0.09 acres and the second part is a slope easement that contains 0.34 acres. Tommy Cantrell was the appraiser of this project and Jimmy Goddard was the review appraiser. Mr. Cantrell appraised the value of the fee simple taking and the easement taking at $13,541 and damages to the remainder of $34,459 for a total offer to the Farmers of $48,000. The Farmers have a horse riding arena that is in the fee simple taking and the easement area that will have to be rebuilt. This resolution authorized the City to institute condemnation proceedings to acquire this property if this offer is refused. The Right -of -Way Department recommended the offer to Mr. and Mrs. Farmer. 35 Regular City Council Meeting January 25, 2001 Page 36 (27.) Resolution No. 2001-R0011 authorizing the Right -of -Way Department to make an offer to William G. McMillan, Jr., individually and as trustee of the Frances G. McMillan Estate Trust for a 2.40 acre tract of land located in Section 43, Block AK, Lubbock County (3002 Milwaukee Avenue). RESOLUTION NO. 2001-R00I I WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for Milwaukee Avenue widening project from 4ch Street to 341h Street 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 lands 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 fee simple title to the tract of land further described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being William G. McMillan, Jr., Individually and as Trustee of the Frances G. McMillan Estate Trust, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $40,000.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. Passed by the City Council this 251h day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 A copy of Exhibit "A" is filed with Resolution No. 2001-R0011. This right-of-way taking is needed for the Milwaukee Avenue widening project from 41h Street southward to 34`h Street. This 2.40 acre tract of land is located along the west side of Milwaukee Avenue from 261h Street _ southward to approximately 32nd Street. This is where the Elm Grove golf course is located. Tommy Cantrell appraised this parcel and Jimmy Goddard reviewed the appraisal. Mr. Cantrell appraised this 2.40-acre tract of land and fence to be taken at $25,120. He appraised damages to the property at $14,880 for a total offer to Mr. McMillan of $40,000. This resolution also authorized condemnation proceedings to acquire this property if our offer is refused. 36 Regular City Council Meeting January 25, 2001 Page 37 The Right -of -Way Department recommended the offer to Mr. McMillan. (28.) Resolution No. 2001-R0012 authorizing the Right -of -Way Department to make an offer to Bobbie Jean Wilson; J. R. Austin and Sandra Austin, husband and wife; Douglas J. Corley and Sammie P. Corley, Trustees, under the Douglas J. and Sammie P. Corley living trust, dated October 1, 1991 for a 0.25 acre fee simple taking and a 0.05 acre slope easement for the Milwaukee Avenue widening project, 4th Street to 34th Street, tract of land located in Section 10, Block JS, Lubbock County (1820 Milwaukee Avenue). RESOLUTION NO.2001-R0012 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for Milwaukee Avenue widening project from 4th Street to 34th Street 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 lands 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 fee simple title and slope easement to the tracts of land further described in Exhibit "A" and Exhibit "B" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owners of said tracts, being Bobbie Jean Wilson; J. R. Austin and Sandra Austin, husband and wife; Douglas J. Corley and Sammie P. Corley, Trustees, under the Douglas J. and Sammie P. Corley Living Trust, dated October 1, 1991, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $42,400.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes and slope easement herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title and slope easement. Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 A copy of Exhibits "A" and `B" is filed with Resolution No. 2001-R0012. This resolution is also for the Milwaukee Avenue widening project. This parcel of land is located along the west side of Milwaukee Avenue, just north of 19th Street. Tommy Cantrell appraised this parcel. This taking involved a 0.25-acre fee simple taking and a 0.05-acre slope easement. 37 Regular City Council Meeting January 25, 2001 Page 38 Mr. Cantrell appraised this fee simple taking at $38,750 and the 0.05-acre slope easement taking at $3,650 for a total offer of $42,400. This resolution also authorized the City to institute condemnation proceedings to acquire this property if our offer is refused. The Right -of -Way Department recommended the offer to the Austins, Corleys and Wilson. (29.) Resolution No. 2001-R0013 authorizing the Mayor to execute a monitor well permit with Townsend -Strong, Inc. for use of a City street (2617 49th Street). RESOLUTION NO. 2001-R0013 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 January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of the Permit is filed with Resolution No. 2001-R0013. This monitor well permit allows Townsend -Strong, Inc.'s representative, Daniel B. Stephens and Associates, to drill a monitor well in the south parkway of 491h Street, approximately 123 feet east of Boston Avenue. The Chevron Service Station at 2619 50th Street has had fuel leaking into the ground from a leaking fuel tank at this location and the TNRCC has requested that they go off site with this investigation to determine how far this fuel contamination has spread. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $100 per year for this well location. — The Right -of -Way Department recommended the approval of this monitor well permit. (30.) Resolution No. 2001-R0014 authorizing the Mayor to execute a monitor well permit with Ince Oil Company for use of a City street (2501 Santa Fe Drive). Regular City Council Meeting January 25, 2001 Page 39 RESOLUTION NO.2001-R0014 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 Ince Oil Company. 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 January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 A copy of the Permit is filed with Resolution No. 2001-R0014. This monitor well permit allows Llano -Permian Environmental to drill a monitor well in the south parkway of Santa Fe Drive, just west of University Avenue. At 202 North University is a closed Ince Oil Company gas station that the TNRCC has identified as having a leaking fuel tank and the TNRCC has requested that monitor wells be drilled adjacent to this store site to determine how far this fuel contamination has spread. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $100 per year for this permit. The Right -of -Way Department recommended the issuance of this monitor well permit. (31.) Resolution No. 2001-R0015 authorizing the Mayor to execute a lease agreement with the Lubbock County Board of Missions of the United Methodist Church for a water utilities stack lot (southwest corner 981n & Frankford). RESOLUTION NO.2001-R0015 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 Lubbock County Board of Missions of the United Methodist Church, an unincorporated religious association, for a tract of land to be used as a stack lot for water utilities pipe and related materials, 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. 39 Regular City Council Meeting January 25, 2001 Page 40 Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 A copy of the Agreement is filed with Resolution No. 2001-R0015. Due to the annexation in Southwest Lubbock, the City's Water Utilities Department is planning to start phase II of installing water lines in this area immediately. They have already ordered the pipe and need a stack lot in the area of 98th Street and Frankford Avenue. Lubbock County Board of Missions of the United Methodist Church has agreed to lease the City a site measuring 713 feet by 220 feet at the southwest corner of 981h Street and Frankford Avenue. This lease will be for one year with one 6-month option period for a total of 1 %2 years. They have agreed to lease the City this tract of land for $1,000 per year. The City will fence this property in and stack material and equipment on it. The Right -of -Way Department recommended the approval of this lease. (32.) Resolution No. 2001-R0016 for a pipe line license from the Burlington Northern and Santa Fe Railway Company for the crossing of their railroad line with the South Central Drainage Project. RESOLUTION NO. 2001-R0016 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, Amendment No. 1 to Grant Agreement No. 51105F-1017 between the City of Lubbock and the Texas Department of Transportation (TxDOT), for operating assistance, and 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 January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary 40 Regular City Council Meeting January 25, 2001 Page 41 APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Managing/Attorney A copy of the Amendment is filed with Resolution No. 2001-R0016. The South Central Drainage Project has one crossing of the Burlington Northern and Santa Fe Railroad which runs adjacent to Spur 331 in southeast Lubbock. The Pipeline License will allow the storm sewer to be constructed under the railroad track. The cost associated with the Pipeline License is $2,500 plus the purchase of the blanket Railroad Protective Liability Insurance Policy at a cost of $800. The crossing is necessary for the construction of the South Central Drainage Project that has now gone out to bid. Construction should tentatively begin in April or May 2001. Staff recommended approval of this resolution. (33.) Resolution No. 2001-R0017 authorizing the Mayor to execute a contract with Texas Tech University for campus bus service. RESOLUTION NO. 2001-R0017 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, by and between the City of Lubbock and Texas Tech University, a Contract for campus bus service, 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 January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 Managing/Attorney A copy of the Contract is filed with Resolution No. 2001-R0017. 41 Regular City Council Meeting January 25, 2001 Page 42 The contract with Texas Tech University (TTU) for transit services is for a three-year period beginning September 1, 2001 and ending on August 31, 2004. Contract cost will be $35 per bus per hour from September 1, 2001 to August 31, 2002; $36 per bus per hour from September 1, 2002 to August 31, 2003; and $37 per bus per hour from September 1, 2003 to August 31, 2004. This will include a fuel cost adjustment above or below $1.05 per gallon. The price per hour covers full cost recovery for the City of Lubbock. Citibus has had a contract with TTU since 1968, with the fuel cost adjustment being added to the contract in 1981. In accordance with the TTU contract, Citibus does not collect fares from its passengers. If funds are available, the City of Lubbock is eligible to receive an equal amount from the Federal Transit Administration for each dollar collected from TTU. The additional funds are used to pay for system expenses which otherwise would have to be paid by the City. Citibus anticipates receiving $957,180 from TTU in FY 2001, $997,452 in FY 2002, and $1,025,159 in FY 2003. The TTU Board of Regents will consider approval of the contract at their May meeting. The TTU Board of Regents requests that the City Council execute the contract first. Citibus recommended the approval of the TTU contract. (34.) Resolution No. 2001-R0018 authorizing the Mayor to execute an amendment to Grant Agreement No. 51105F-1017 with the Texas Department of Transportation (TxDOT) for operating assistance. RESOLUTION NO.2001-R0018 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, Amendment No. 1 to Grant Agreement No. 51105F-1017 between the City of Lubbock and the Texas Department of Transportation (TxDOT), for operating assistance, and 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 January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 Amendment is filed with Resolution No. 2001-R001 S. E,% Regular City Council Meeting January 25, 2001 Page 43 TxDOT has found it necessary to issue an amendment to Grant Agreement No. 51105F-1017. The original allocation of the grant was $1,256,690. However, since "the State has not received the full oil overcharge fund appropriation for FY 2000-2001" they have found it necessary to revise the funding program. The amended allocation is for $1,240,435 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2000- 2001. The $1,240,435 is included in the Citibus budget for FY 2000-2001 that has been previously reviewed by City Council. The contract is effective from September 1, 2000, and shall terminate on August 31, 2001. Acceptance of the amendment will result in no additional cost to the City of Lubbock. Citibus recommended the approval of the amendment to Grant Agreement No. 51105F-1017. (35.) Resolution No. 2001-R0019 authorizing acceptance of water and sanitary sewer improvements for Lots 84-160, Stonebrook Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO.2001-R0019 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 84-160 STONEBROOK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 84-160 StoneBrook 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 $140,006.47 with the improvements constructed by Weaver Ditching Services Inc. having a value of $116,901.10 as determined by the unit prices established by said Chapter 28, and $5,118.03 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Rothwell Rentals the developer, to receive a refund of $39,437.42 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 $39,437.42 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. 43 Regular City Council Meeting January 25, 2001 Page 44 Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $140,006.47 and has a value of $116,901.10 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 $5,118.03 that includes $0.00 for adjacent mains. The developer, Rothwell Rentals, will receive a refund of $39,437.42 in accordance with said Chapter 28. There is no refund of deposit. The subdivision is located between 98`h and 103ra east of Gary Avenue. Staff recommended acceptance of the improvements. (36.) Resolution No. 2001-R0020 authorizing the Mayor to approve an application for a State administered, federally financed HOLIDAY STEP WAVE PROGRAM, with emphasis on speed compliance, targeting reduction in speed related crashes and seat belt usage, targeting reduction in death and serious bodily injury. RESOLUTION NO.2001-R0020 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 grant agreement referred to as "Texas Highway Traffic Safety Program Grant Agreement" and related documents, with the State of Texas, Texas Department of Transportation. The maximum amount eligible for reimbursement of funds under this agreement is $10,000.00, through September 30, 2001, the end of the grant period. The purpose of the program is to conduct additional speed and occupant restraint enforcement, surveys, and education and media activity during selected holiday periods. 44 Regular City Council Meeting January 25, 2001 Page 45 Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0020. This is a grant program utilizing off duty personnel working overtime to enforce non-compliance of designated speed limits and non -usage of seat belts and child restraints. This enforcement program addresses five major holiday periods: Valentine's Day, February 11 through 17; Spring Break, March 16 through March 25; Memorial Day/Buckle Up America Week, May 25 through May 31; Independence Day, July 1 through July 7; and Labor Day, August 31 through September 6. Awards for this grant have been set beginning January 25, 2001 upon approval of the Lubbock City Council. This is a 100% grant in the amount of $10,000 to be administered during the period February 11, 2001 through September 30, 2001. The Police Department recommended the approval of this resolution approving the HOLIDAY STEP WAVE PROGRAM project grant. (37.) Resolution No. 2001-R0021 authorizing the Mayor to execute for and on behalf of the City of Lubbock a Grant related to the Criminal Justice Division under the Title V Delinquency Prevention Fund to support the Lubbock Urban Gardens Program, and all related documents. RESOLUTION NO. 2001-R0021 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 Grant related to the Criminal Justice Division under the Title V Delinquency Prevention Fund to support the Lubbock Urban Gardens Program, 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 Council. 45 Regular City Council Meeting January 25, 2001 Page 46 Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary APPROVED AS TO CONTENT: /s/ Everett Hooper Everett Hooper, Youth Services Coordinator APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 2001-R0021. The City of Lubbock Youth Services Department has joined with the South Plains Food Bank, Lubbock County Juvenile Justice Center, Lubbock Housing Authority, Lubbock Regional Council on Alcohol and Drug Abuse, Lubbock Regional MHMR, and Catholic Family Services to propose a gardening and produce marketing program for juveniles exhibiting criminal behavior. If accepted, the CJD grant would fund $76,700 for equipment, supplies, and one manager for the program. The City of Lubbock and other agencies will put in $49,800 total in -kind services. The City's Youth Coordinator estimates dedicating 20% of his time for the first year to support the program, if funded. No cash match from the City was required. Staff recommended the Council's support for this grant application, in order to offer juvenile offenders an opportunity to learn life and career skills through a produce gardening and marketing program. (38.) Resolution No. 2001-R0022BID #269-00-RS—Police Patrol Vehicles (Fleet Services) —This bid is for the replacement of 20 Police Department patrol vehicles. RESOLUTION NO. 2001-R0022 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 Bid #269-00/RS for 20 police marked units per Spec 201, by and between the City of Lubbock and Gene Messer Ford 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. 46 Regular City Council Meeting January 25, 2001 Page 47 Passed by the City Council this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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. 2001-R0022. The low bid is $418,200 from Gene Messer Ford of Lubbock, Texas and is within the Capital Outlay -Motor Vehicles budget amount. (39.) BID #271-00/RS—Distribution Transformers —Annual Pricing (Electric Distribution) ---This bid is for the purchase of pole type and pad mounted distribution transformers for the year 2001. These transformers are electrical devices that transform electricity from one voltage level down to another, i.e., from 12,700 Volts to 120 Volts. They are of different capacities, from 10kVA to 1500kVA and different types and secondary voltages to suit customer requirements. These units will be installed in our overhead and underground distribution systems to maintain existing electrical service and to serve new and additional customers The tab sheet lists the bidders for each item in order of increasing evaluated cost of buying and operating the transformer for a twenty-year period. However, for bids that are within 3% of the lowest evaluated cost, the evaluated bids are considered equal and the bidders are listed in order of unit price. The ranking for Frank Gorman Company of Albuquerque, New Mexico was established by applying the State of Texas reciprocity statute that requires us to apply the same local preference used in the nonresident bidder's state. New Mexico has a preference of 5% to resident businesses in purchases up to $5,000,000. Therefore, 5% was added to prices from Frank Gorman Company to evaluate their ranking. The low bids are from the following companies: Preferred Sales Agency, Inc. of Carthage, TX $167,494 Priester Supply Co., Inc. of Lubbock, TX $163,309 Techline, Inc. of Amarillo, TX $144,041 Temple Inc. of Lubbock, TX $ 89,327 Wesco Distribution, Inc. of Haltom City, TX $ 82,790 47 Regular City Council Meeting January 25, 2001 Page 48 Pauwels Transformers, Inc. of Washington, MD 1 $ 53,070 Delta-Y Electric Company of Jackson, MO 1 $ 50,882 Frank Gorman Company of Albuquerque, NM I $ 9,059 The low bids are within the System Capital Outlay -Distribution Transformers budget amount. (40.) BID #278-00/LR—PVC Pipe, Manholes and Fittings (Water Utilities) and reject all bids —This project is for the purchase of materials for all — three phases of the sanitary sewer improvements for the annexation in southwest Lubbock. Materials include approximately 37,345 feet of pipe in diameters from 6 inch to 36 inch, 67 manholes, and other associated products. Staff recommended Council reject all bids and direct staff to solicit bids for the purchase and installation of materials. (41.) Resolution No. 2001-1100231BID #288-00/RS—Fire Training Field Project Construction (Facilities Management) ---This bid is for the construction of a new smoke house, concrete pads for fire training exercises, and ball park type lighting for night time training activities. These items will be constructed on the northern portion of the new Fire Administration Complex. Four pavilions will be constructed throughout the area to aid in training activities. RESOLUTION NO. 2001-R0023 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 per Bid #288- 00/RS to furnish fire training field project construction, by and between the City of Lubbock and Allen Teinert Construction 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 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim 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 2001-R0023. Regular City Council Meeting January 25, 2001 Page 49 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of January, 2001, 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 Teinert Construction, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction construction of certain improvements described as follows: BID #288-00/RS - FIRE TRAINING FIELD PROJECT CONSTRUCTION - $288.766.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT /s/ Gary W. Smith Owner's Representative CITY OF LUBBOCK, TEXAS (OWNER) /s/ WINDY SITTON MAYOR CONTRACTOR Allen Teinert Construction By: /s/ Allen E. Teinert 49 Regular City Council Meeting January 25, 2001 Page 50 APPROVED AS TO FORM: /s/ John M. Knight City Attorney City Attorney ATTEST: Corporate Secretary /s/ Phoebe Miller PRINTED NAME: Allen E. Teinert Title: President COMPLETE ADDRESS: Allen Teinert Construction P. O. Box 5327 Lubbock, Texas 79408 The low bid is $228,766 from Allen Teinert Construction of Lubbock, Texas and is within the Buildings Capital Outlay -Fire Training Field Project budget amount. (42.) BID #295-00/LR—Restroom Cleaning at Lubbock International Airport (Aviation) —This bid establishes annual pricing for restroom cleaning at Lubbock International Airport to help improve the appearance and image of the building. Pricing is set for a period of one year, with an option to renew annually, for up to two additional years upon mutual agreement of both parties. The low bid is $18,876 from Preferred Services of Lubbock, Texas and is within the Professional Services budget amount. (43.) Resolution No. 2001-R0024BID #305-00/RS—Pre-Emergent Herbicide Application (Parks & Recreation) —This bid is for the application of pre -emergent herbicide on selected park properties and the cemetery. The herbicide will be used to control summer grassy and broadleaf weeds such as grass burrs, green foxtail, spurge and numerous other weeds. Pre -emergent herbicide application should result in improved turf appearance and reduced problems associated with stickers and seed heads that stick to clothing. RESOLUTION NO.2001-R0024 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 pre -emergent herbicide application, by and between the City of Lubbock and D's Pest Control 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 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary 50 Regular City Council Meeting January 25, 2001 Page 51 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2001-R0024. The low bid is $59,580 from D's Pest Control Inc. of Lubbock, Texas and is within the Facilities System Improvement -Pesticide Program budget amount. (44.) Resolution No. 2001-R0025BID #011-001/RS—Repairs-629 Scraper (Fleet Services) —This item is for repairs. A Caterpillar 629 scraper overturned causing extensive body and mechanical damage to the equipment. The immediate repair of this equipment was necessary to maintain landfill compliance with state landfill regulations. RESOLUTION NO.2001-R0025 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 Bid #011-01/RS to furnish repairs - 629 Scraper, by and between the City of Lubbock and West Texas Equipment 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 January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0025. The total cost for the repairs is $27,482.01 by West Texas Equipment of Lubbock, Texas. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. 51 Regular City Council Meeting January 25, 2001 Page 52 Mayor Sitton made a motion to move Items 48 and 49 Out of Order. The next items considered were Item Nos. 48 & 49. (45.) Ordinance No. 2001-00010-ZONE CASE NO.2902 (2618 501h Street): Hold a public hearing to consider request of Fred C. Martin for a zoning change from C-2A to C-4 on Block 10, Lots 11, 12, and west 5' of 13, Sunnyside Addition ORDINANCE NO.2001-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2902; A ZONING CHANGE FROM C-2A TO C-4 ZONING ON BLOCK 10, LOTS 11, 12, AND WEST 5' OF 13, SUNNYSIDE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 5:38 p. m. Scott Martin appeared on behalf of Fred C. Martin. No one appeared in opposition. Mayor Sitton closed the hearing at 5:39 p. m. The request will accommodate an existing quick oil change business that is proposing display and rental of trailers. Adjacent land uses: North — residential South — commercial East — commercial West — commercial As C-4, the request is not entirely consistent with the Comprehensive Land Use Plan policy that heavy commercial be located on state or regional thoroughfares. 50`h Street is a local thoroughfare. To counter that policy, Mr. Martin is requesting only one use from the C-4 listing — "trailer and truck rental utility". The request is consistent with a number of service station and quick - change locations that have requested C-4 with a limitation to trailer and truck rental. As a condition of approval in other locations, the Planning Commission and City Council have approved a requirement that the business display not more than one or two units between the front of the building (excluding any canopy) and the adjacent street. All other units are to be stored to the side or behind the building. In this instance, Boston is on one side and is the location for some of the parking area available at the business. Parking units on the side but away from 50`h Street should not create an issue. Such a condition allows for the business to advertise by display of a unit but keeps the clutter and visual obstruction of stored units to the side and rear of the lot. The proposal should have no impact on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request. Subject to comments from adjacent property owners, the staff supports the request subject to the following conditions: 1. The property shall be C-4 limited to trailer and truck, rental; 2. Display of rental units shall be limited to one between the front of the structure (excluding the canopy) and the adjacent street, with all other units to the side or rear of the building, and; 3. All permitted C-3 uses shall be allowed. 52 Regular City Council Meeting January 25, 2001 Page 53 The staff supported the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2001- 00010 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (46.) Ordinance No. 2001-00011-ZONE CASE NO. 2903 108" Street and University Avenue): Hold a public hearing to consider request of Burl W. Masters (for Excel Development) for a zoning change from T to R-1 Specific Use (for garden homes) and R-2 on 16.4 acres of unplatted land out of the south half of Section 20, Block E-2 ORDINANCE NO.2001-00011 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2903; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE AND R-2 ZONING ON 16.4 ACRES OF UNPLATTED LAND OUT OF THE SOUTH HALF OF SECTION 20, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 5:40 p. m. Burl W. Masters appeared on behalf of Excel Development. No one appeared in opposition. Mayor Sitton closed the hearing at 5:41 p. m. To provide a mix of housing density and some "design" to the northeast corner of the Sunrise Estates, the proponent is proposing a curved street with duplex zoning and the balance of the area with garden home zoning. Adjacent land uses: North — vacant, residential zoned South — developing as the Sunrise Estates Addition of garden homes East — vacant and mixed uses east of University West — vacant, zoned residential The request is consistent with both the Comprehensive Land Use Plan and zoning policy. The need for duplex -zoned lots has been on the upswing. The request will have no negative effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2001- 00011 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (47.) Ordinance No. 2001-00012-ZONE CASE NO. 2731-A (4019 S. Loop 289): Hold a public hearing to consider request of James W. Dirks (for Ashmore Inn and Suites) for an amended site plan on Tract F, West Chase Addition 53 Regular City Council Meeting January 25, 2001 Page 54 ORDINANCE NO.2001-00012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2731-A; AMEND THE SITE PLAN CONDITION OF ORDINANCE NO. 9704 ON A C-4 SPECIFIC USE FOR A MOTEL AND ALL PERMITTED C-3 USES ON A ZONED TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 5:41 p.m. James Dirks appeared on behalf of Ashmore Inn and Suites. No one appeared in opposition. Randy Henson, Senior Planner, presented staff comments. Mayor Sitton closed the hearing at 5:44 p. m. The request would accommodate an addition to a motel east of Wal-Mart on the South Loop (the Ashmore). A separate building is proposed on the front of the Ashmore parcel behind the Applebee's restaurant which will accommodate extended stay patrons. The Ashmore is the original motel of the four that now exist. Subsequent to the zoning for the Ashmore, the zone case for the other three properties involved a lot of contention with the adjacent residential owners and neighborhood association. Since the Ashmore opened, there have been a number of issues between the owner of the motel and the neighbors: • glare from lights, • a lack of maintenance in the alley, • use of the alley for commercial garbage collection (which is not prohibited by current Code) and trash spilled, and; • construction materials of the screening fence. Several neighbors appeared, not in opposition to the proposed building but in an attempt to resolve some of the above issues. Since this is a request to amend a Specific Use Permit, three of the items could be considered as zoning related: • Glare from lights (see recommendations) • Construction materials of the fence — The motel developers to the east negotiated with the neighbors for a fence of significantly better materials and a greater height than exists at the Ashmore. The neighbors want the Ashmore to continue the twelve foot tall brick fence. Estimates to match the fence to the east exceed $100,000. However, the current fence meets code requirements. It has stucco columns with cedar picket inserts. The staff feels requiring a change to the fence at this point is not equitable. The staff did request a condition that requires the motel to "dress up" the fence columns by perhaps painting and addressing some raw or unfinished concrete on the tops. The Planning Commission strongly suggested that the Ashmore owners and neighbors meet prior to the Council meeting about any possible agreement. Also, the existing gate needs to be replaced. • Solid waste collection. The problem at this location occurred when the Ashmore placed a commercial size (eight cubic yard) container in the alley. As noted, the arrangement is not contrary to existing Solid Waste Code, but should be addressed by a condition in this instance. The container has drifted to the end of the "L" alley and onto the adjacent private property (not owned by the Ashmore) because the trucks have difficulty picking it up in a standard alley position. The size, placement, and number of times the trash winds up on the ground 54 Regular City Council Meeting January 25, 2001 Page 55 instead of in the dumpster has alienated the adjacent property owners. The proponent is willing to have a condition requiring that the dumpster be located on the motel lot and picked up on the motel lot. The proposed building will partially obscure the front of the Ashmore, and may cause a minor visual obstruction for the motel to the east. Adjacent land uses: North — Loop 289 and restaurants South — motels East — motel West — motel The proposal is consistent with the Comprehensive Land Use Plan regarding land use. The plan policies that zone changes should benefit and complement existing uses and be generally acceptable to adjacent owners who have made investments is most relevant. No comments were submitted by the owners of the motel to the east. Again, the proposal is consistent with zoning policy except for the fact that the new building will be in front of the Ashmore and may partially obscure visual access of the motel to the east. However, that motel does not have a strong line of sight to the Loop now with the presence of the two restaurants. The zoning code normally has a protection of front setback in front of an existing business or between adjacent businesses, but that is for lots fronting along a common street. This particular development uses narrow lots with drives to the Loop for access, and the typical guidelines for setback do not apply. The project will not cause any change for the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. Replace the fence gate and "dress up" the fence columns. 2. Solid waste collection shall be from and on the motel parcel, not from the adjacent alley. 3. Lighting on the south face of the building or parking lot lighting on the south end of the lot shall be shielded towards the residential south of the alley. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2001- 00012 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item No. 50. SPECIAL (48.) Hold a public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit on a tract of land located approximately 515 feet north and 2614 feet east of the northwest corner in Section 9, Block A, Lubbock County, Texas (north of Kent Avenue and east of Mesa Road). Designation of well is Texland-CLU #7-5. Mayor Sitton opened the public hearing at 5:30 p. in. Dub Bratcher appeared on behalf of Texland Petroleum. Wilford Naylor appeared in opposition. Randy Henson, Senior Planner, presented staff comments. Mayor Sitton closed the hearing at 5:32 p. in. Mayor Sitton reopened the public hearing at 5:35 p.m. Jay Norton also appeared in favor of the Oil Drilling Permit. Mayor Sitton closed the hearing at 5:37 p.m. 55 Regular City Council Meeting January 25, 2001 Page 56 (49.) Consider approval of an Oil Drilling Permit for Texland-CLU #7-5. On January 4, 2001 the Planning Department received an application for a permit to drill the above described well. The well is an enhancement well on an existing production unit in the Wheeler lease. Numerous other wells have been approved in this vicinity. The storage site is proposed in conjunction with an existing tank battery. The application is in order. The original production unit contains 40 acres and has a maximum diagonal of less than 3,000 feet. Texland proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site and storage site is proposed from Kent Avenue on private property. SHORT TERM IMPACTS: A minimum of impact for the public is expected for the short term. An abandoned home is 443 feet northeast of the well site and another home is 745 feet southwest facing Kent Avenue. The location is on the edge of Blackwater Draw on ranch land north of Kent. A large tank battery facility and storage yard is in an old borrow area north of the Canyon just to the north of the well site. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated residential on the Comprehensive Land Use Plan. With additional wells in the immediate area and few immediate development prospects, no long-term negative impacts are anticipated. The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for Texland-CLU #7-5. Staff recommended approval of the permit with the recommended conditions. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison for approval of an Oil Drilling Permit for Texland-CLU #7-5. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item No. 45. 56 Regular City Council Meeting January 25, 2001 Page 57 MISCELLANEOUS (50.) Ordinance No. 2001-00013 amending Chapter 8 of the Code of Ordinances with regard to changing the voting place for Voting Precinct No. 23 from Monterey High School to Lubbockview Christian Church; establishing a permanent polling place for Voting Precinct No. 111; correcting a clerical error in the description of Voting Precinct No. 111; providing for joint use of early voting locations when practical and legal to do so; providing that all portions of Chapter 8 not amended shall remain the same; directing that the official map be amended to reflect this change; providing a savings clause; providing for publication; and providing an effective date. ORDINANCE NO.2001-00013 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO CHANGE THE VOTING PLACE FOR VOTING PRECINCT NO. 23 FROM MONTEREY HIGH SCHOOL TO LUBBOCKVIEW CHRISTIAN CHURCH; ESTABLISHING A PERMANENT POLLING PLACE FOR VOTING PRECINCT NO. 111; CORRECTING A CLERICAL ERROR IN THE DESCRIPTION OF VOTING PRECINCT NO. 111; PROVIDING FOR JOINT USE OF EARLY VOTING LOCATIONS WHEN PRACTICAL AND LEGAL TO DO SO; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; DIRECTING THAT THE OFFICIAL MAP BE AMENDED TO REFLECT THIS CHANGE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. A petition, requesting that the polling place for City of Lubbock Voting Precinct No. 23 be moved from Monterey High School to Lubbockview Christian Church for the benefit of the voters, was filed with the City of Lubbock. The County's polling place for Precinct No. 23 is Lubbockview. The City Council appointed a Temporary Election Committee to study and recommended ways in which City, County and Lubbock Independent School District polling places can be unified in order to reduce voter confusion as to locations of election hosted by the various governments. The Temporary Election Committee has recommended that the voting place for Precinct No. 23 be moved from Monterey High School to Lubbockview Christian Church because of parking and other problems that make Monterey High School impracticable to use and emergency requirements that make the fire station located within Precinct No. 23 impracticable to use. The Committee also has recommended that a permanent polling place for Precinct I I I be established at the County owned building at 7402 82nd Street. This change will have the effect of requiring Precinct Nos. 104 and 112 to temporarily be consolidated with No. 111. This will match the County's practice at that location. This area does not affect LISD since it is not in their jurisdiction. The Committee also recommended that branch early voting locations be shared with regard to locations and hours by all entities to the extent practical and permitted by law. The physical perimeters of Precinct #23 are as follows: North -341h Street South -501h Street East -Gary Avenue West - Knoxville Avenue 57 Regular City Council Meeting January 25, 2001 Page 58 Precinct #23 1990 demographics revealed that 50% of the voters are over age 50 with 10% of the population being minority. Within the perimeters of Precinct #23 there are only two public buildings: Monterey High School and Fire Station #8. The Fire Chief has noted that his recommendation is not to utilize the Fire Station as an election day polling place. For some ten years, the City and County election officials and voters have complained about Monterey High School being the election day polling place for Precinct #23. The complaints became so intense that Lubbock County chose to move the polling place for Precinct #23 to Lubbockview Christian Church in November 1996. The Precinct #23 polling place complaints have continued to be conveyed to the City Secretary's office. An additional complaint is the voters' confusion as to the election being a City or County election and the respective Election Day polling place. Ongoing complaints include the lack of parking and the movement of the actual polling place inside Monterey High School. A petition of 125 names was submitted to the City Secretary's office in May 2000 to request the relocation of the City of Lubbock's Precinct #23 election day polling place to Lubbockview Christian Church's fellowship hall. The City of Lubbock's Election Day is a Saturday versus Lubbock County's Tuesday election day. In May 1998, there were five regional events scheduled at Monterey High School. In May 2000, there was the BCI Basketball Tournament and a regional recital that reserved the Auditorium and Library with several 100 participants moving back and forth from the Library to the Auditorium. Teri Navrkal, Vice Principal of Student Activities, stated that it becomes increasingly more and more difficult to schedule for the City of Lubbock elections. Ms. Navrkal continued to state that it is not unusual to have three to five regional events during the month of May of any given year. For the General Election in May 2000, the City erected "Reserved Parking" signage; however, these signs were most often ignored by those parking. The polling place was located at a northeast entrance that was accessible by only the main entrance, which had to be unlocked. The Secretary of State was notified by the City Attorney's Department to request an opinion as to moving the Election Day polling place away from Monterey High School. The Secretary of State advised that the governing authority has the right to move the polling place site if the polling place is deemed to be unsuitable for use as a polling place. With the lack of parking at Monterey High School and the danger of impeding emergency vehicles at the Fire Station, the authority could view those public buildings unsuitable for use as polling places. The City of Lubbock currently utilizes three church affiliated facilities for Election Day polling places: Broadview Baptist Church's standalone Fellowship Hall; Lakeridge Methodist Church's standalone Family Ministries Building; Lubbock Christian University's Administration Building. The proposed change from Monterey High School to Lubbockview Christian Church will go into effect with the next election with the submission to the U.S. Justice Department pursuant to the Voting Rights Act of 1965. 58 Regular City Council Meeting January 25, 2001 Page 59 Staff recommended that this ordinance be passed by the City Council. Don Vandiver, Assistant City Attorney, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2001- 00013 as recommended by staff. Motion carried: 4 Yeas, 0 Nays and 1 Abstention (Councilmember Nelson). (51.) Ordinance pertaining to discontinuance of natural gas or electric service during winter months (first reading). The City Council considered a similar emergency item at its December 14, 2000 meeting. The prevailing opinion was that an emergency did not exist. Also, the differences between the Public Utility Commission's rules, as followed by local electric utilities and Energas and the Railroad Commission's rules for the unincorporated areas under their jurisdiction could be confusing for customers and providers alike. Energas' Utility Operations Handbook, states: 6. Disconnection during extreme weather for Inside City Limits (ICL) customers or Outside City Limits (OCL) customers: Energas will not disconnect a customer on a day when: (1) The previous day's highest temperature did not exceed 32 degrees Fahrenheit, and the temperature is predicted to remain at or below that level for the next 24 hours, according to the nearest National Weather Service (NWS) report. (2) All Outside City Limits Customers: The previous day's temperature in the county where the customer takes service fell below 40 degrees Fahrenheit, and the National Weather Service predicts that the temperature in that county will fall below that level during the next 24 hours. The above provisions (1) and (2) fairly represent the rules of the Public Utility Commission and the Railroad Commission, respectively. Even if 32 degrees was the "trigger point" in both provisions, the result would be very different. Note that provision (1) provides a "ceiling" above which the temperature cannot rise for cutoffs to be suspended. Provision (2) provides a "floor" below which the temperature must fall (but not remain) for cutoffs to be suspended. By way of background, Energas' position on the Railroad Commission's temporary rules is outlined in the attached letter from Bill Guy, Vice President — Rates and Regulatory Affairs. Note that this ordinance will also apply to SPS and SPEC. The ordinance was drafted to be consistent with the Public Utility Commission's rules, as requested by several Councilmembers. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass ordinance. Motion defeated: 2 Yeas, 3 Nays. Mayor Sitton and Councilmembers Morrison and McDougal voted Nay. (51.) Resolution No. 2001-R0026 authorizing the Mayor to issue an appropriate election order to call a Venue Projects Election conditional upon receipt of approval from the State Comptroller's Office. 59 Regular City Council Meeting January 25, 2001 Page 60 RESOLUTION NO.2001-R0026 A RESOLUTION PROVIDING FOR THE PLANNING, ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR RENOVATION OF VARIOUS PROJECTS AS "VENUE PROJECTS" AUTHORIZED BY CHAPTER 334, SECTION 334.001(4)(A), TEXAS LOCAL GOVERNMENT CODE AS AN ARENA, COLISEUM, STADIUM, OR OTHER TYPE OF AREA OR FACILITY THAT IS USED OR IS PLANNED FOR USE FOR ONE OR MORE PROFESSIONAL OR AMATEUR SPORTS EVENTS, COMMUNITY EVENTS, OR OTHER SPORTS EVENTS, INCLUDING RODEOS, LIVESTOCK SHOWS, AGRICULTURAL EXPOSITIONS, PROMOTIONAL EVENTS, AND OTHER CIVIC OR CHARITABLE EVENTS AND FOR WHICH A FEE FOR ADMISSION TO THE EVENTS IS CHARGED OR IS PLANNED TO BE CHARGED; INCLUDING THE FOLLOWING IMPROVEMENTS AND RELATED INFRASTRUCTURE AND FINANCING THEREFOR: (1) CONSTRUCTION OF A CHAMPIONSHIP SOFTBALL COMPLEX TO BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE VICINITY OF THE 2500 BLOCK OF CANYON LAKES DRIVE; (2) CONSTRUCTION OF TWO LITTLE LEAGUE BASEBALL FOURPLEXES, ONE TO BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE VICINTITY OF THE 2300 BLOCK OF CANYON LAKES DRIVE AND ONE TO BE LOCATED IN THE VICINITY OF NORTH AVENUE X AND LOOP 289; AND (3) IMPROVEMENT OF THE BUDDY HOLLY CONCERT AND RECREATIONAL AREA AT LLANO ESTACADO LAKE (FORMERLY CANYON LAKE 2) IN THE VICINITY OF THE 1200 NORTH UNIVERSITY AVENUE, WITH ALL APPROVED PROJECTS TO BE FINANCED BY 5% OF THE SHORT-TERM MOTOR VEHICLE RENTAL TAX AND 2% OF THE HOTEL OCCUPANCY TAX; MAKING PROVISION FOR SUBMISSION OF THIS RESOLUTION TO THE STATE COMPTROLLER FOR STATE FISCAL IMPACT ANALYSIS; PROVIDING FOR THE MAYOR TO ISSUE AN APPROPRIATE ELECTION ORDER CALLING A SPECIAL ELECTION FOR SAID VENUE PROJECT TO BE CONDUCTED ON MAY 5, 2001, UPON RECEIPT OF APPROVAL OF THIS RESOLUTION BY THE STATE COMPTROLLER; CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING AN EFFECTIVE DATE; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE HEREOF. WHEREAS, the City Council of the City of Lubbock desires to provide for the planning, acquisition, establishment, development, construction or renovation of various projects of the City of Lubbock as "venue projects" pursuant to Chapter 334, Section 334.001(4)(A), Texas Local Government Code, as amended, which is further described below; and WHEREAS, said Chapter 334 provides that if said venue projects are approved by the voters, the City may establish a venue project fund and use money received from the approved sources of financing such projects to reimburse or pay the costs of planning, acquiring, establishing, developing, constructing, or renovating such approved venue project, pay the principal of, interest on, and other costs relating to bonds or other obligations issued by the City to finance an approved venue project, and pay the costs of operating or maintaining an approved venue project; and WHEREAS, Chapter 334 requires, and the City Council desires by this Resolution to designate various "Venue Projects" and to designate the method of financing of such proposed venue projects; and WHEREAS, the City Council is authorized by Section 334.024, Texas Local Government Code, to order an election on the question of approving and implementing this Resolution and approving the venue project and its financing; and WHEREAS, Section 334.021 further requires the City, before calling such election to send a copy of this Resolution to the State Comptroller, who shall before the 15`h day after the date of receipt of a copy of this Resolution, (1) perform an analysis to determine if approval and implementation of this Resolution will have a significant Regular City Council Meeting January 25, 2001 Page 61 negative fiscal impact on state revenue, and (2) provide the City written notice of the results of said analysis; and WHEREAS, Section 334.021 further provides that if the Comptroller does determine that implementation will have a significant negative impact on state revenue, the written analysis must include information on how to change the Resolution so that implementation will not have a significant negative fiscal impact on state revenue; and WHEREAS, the City Council further authorizes and directs the City Manager or his designee to forward a copy of this Resolution to the State Comptroller immediately after final passage for review and analysis; and WHEREAS, the City Council further authorizes and directs the Mayor upon receipt of a favorable analysis of the State Comptroller to issue an appropriate Election Order calling a Special Election to be conducted on May 5, 2001, with regard to said venue project; and WHEREAS, it is officially found and determined that the meeting at which this Resolution was passed was open to the public, and public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. INTENTION TO PROVIDE FOR VENUE PROJECTS. The City Council does hereby adopt this Resolution to provide for the planning, acquisition, establishment, development, construction, or renovation of various City of Lubbock projects as venue projects pursuant to Sec. 334.001(4)(A) as an arena, coliseum, stadium, or other type of area or facility that is used or is planned for use for one or more professional or amateur sports events, community events, or other sports events, including rodeos, livestock shows, agricultural expositions, promotional events, and other civic or charitable events and for which a fee for admission to the events is charged or is planned to be charged and which are further described herein) and to provide for the financing thereof by the imposition of a short-term motor vehicle rental tax and a hotel occupancy tax in the maximum amount specified for each individual venue project, which amounts taken together shall not exceed 5% for short term motor vehicle rentals and 2% hotel occupancy tax as authorized by Chapter 334, Texas Local Government Code, upon approval of said venue projects and the method of financing thereof by the voters at an election called for that purpose. SECTION 2. DESIGNATION AND DESCRIPTION OF THE VENUE PROJECT AND FINANCING PROVISIONS. The City Council does hereby designate the following City of Lubbock projects as "Venue Projects" and declares its intention to provide for the planning, acquisition, establishment, development, construction or renovation and financing of such projects upon voter approval as provided by Chapter 334, Texas Local Government Code. 1) CONSTRUCTION OF A CHAMPIONSHIP SOFTBALL COMPLEX TO BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE VICINITY OF THE 2500 BLOCK OF CANYON LAKES DRIVE. This improvement is authorized by Sec. 334.001(4)(A), Local Government Code, and the purpose is to provide a venue that will enable the City of Lubbock to host major softball tournaments, thereby enhancing tourism and economic development for the City of Lubbock. 2) CONSTRUCTION OF TWO LITTLE LEAGUE BASEBALL FOURPLEXES, ONE TO BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY LAKE 6) IN THE VICINITY OF THE 2300 BLOCK OF CANYON LAKES DRIVE AND ONE TO BE LOCATED IN THE VICINITY OF NORTH AVENUE X AND LOOP 289. This project is authorized by Sec. 334.001(4)(A), Local Government Code, and the purpose is to provide a venue that will enable 61 Regular City Council Meeting January 25, 2001 Page 62 the City of Lubbock to accommodate little league baseball tournaments, thereby enhancing tourism and economic development for the City of Lubbock. 3) IMPROVEMENT OF THE BUDDY HOLLY RECREATIONAL AREA LOCATED AT LLANO ESTACADO LAKE (FORMERLY CANYON LAKE 2) IN THE VICINITY OF THE 1200 NORTH UNIVERSITY AVENUE. This project is authorized Sec. 34.001(4)(A), Local Government Code, and the purpose is to provide a venue that will better accommodate outdoor musical concerts and similar community events at that location, thereby enhancing tourism and economic development for the City of Lubbock and at the same time providing an enlarged and improved venue for City of Lubbock citizens. A property description and map of the area to be improved are attached hereto as Exhibit A and made a part hereof for all intents and purposes. SECTION 3. FINANCING PROVISIONS. Financing of the above described venue projects, including costs of issuance and interest on bonds, if any) shall be by the imposition of a short-term motor vehicle rental tax and a hotel occupancy tax in the amount of 5% for short term motor vehicle rentals and 2% hotel occupancy tax as authorized by Chapter 334, Texas Local Government Code, upon approval of said venue projects and the method of financing thereof by the voters at an election called for that purpose. SECTION 4. BALLOT PROPOSITIONS. The proposed venue projects shall be placed on the ballot to read substantially as follows: PROPOSTION NO. 1 AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING, ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR RENOVATION OF AN AMATEUR SPORTS FACILITY, TO -WIT: A CHAMPIONSHIP SOFTBALL COMPLEX, TO BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE VICINITY OF THE 2500 BLOCK OF CANYON LAKES DRIVE; AND TO IMPOSE A SHORT-TERM MOTOR VEHICLE TAX AT THE RATE OF 5% AND A HOTEL OCCUPANCY TAX AT THE RATE OF 2% FOR THE PURPOSE OF FINANCING THE CHAMPIONSHIP SOFTBALL COMPLEX. FOR: AGAINST: PROPOSITION NO.2 AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING, ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR RENOVATION OF AMATEUR SPORTS FACILITIES, TO -WIT: TWO LITTLE LEAGUE BASEBALL FOURPLEXES, ONE TO BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE VICINITY OF THE 2300 BLOCK OF CANYON LAKES DRIVE AND ONE TO BE LOCATED IN THE VICINITY OF NORTH AVENUE X AND LOOP 289; AND TO IMPOSE A SHORT-TERM MOTOR VEHICLE TAX AT THE RATE OF 5% AND A HOTEL OCCUPANCY TAX AT THE RATE OF 2% FOR THE PURPOSE OF FINANCING THE LITTLE LEAGUE BASEBALL FOURPLEXES IN THE VICINITY OF DUNBAR HISTORICAL LAKE AND NORTH AVENUE X AND LOOP 289. FOR: AGAINST: 62 Regular City Council Meeting January 25, 2001 Page 63 PROPOSITION NO.3 AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING, ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR RENOVATION OF AN AREA USED FOR COMMUNITY EVENTS, TO -WIT: THE BUDDY HOLLY RECREATION AREA, LOCATED AT LLANO ESTACADO LAKE (FORMERLY CANYON LAKE 2) IN THE VICINITY OF 1200 NORTH UNIVERSITY AVENUE AND APPROXIMATELY DESCRIBED AS BEGINNING AT THE INTERSECTION OF NORTH UNIVERSITY AVENUE AND CANYON LAKES DRIVE; THEN NORTHWEST ALONG CANYON LAKES DRIVE TO THE KLFB RADIO STATION ACCESS ROAD; THEN SOUTHWEST TO THE EAST LINE OF BLOCK 8, HILLSIDE ADDITION; THEN SOUTH TO LLANO ESTACADO LAKE; THEN EAST TO NORTH UNIVERSITY AVENUE; THEN NORTH TO THE POINT OF BEGINNING; AND TO IMPOSE A SHORT-TERM MOTOR VEHICLE TAX AT THE RATE OF 5% AND A HOTEL OCCUPANCY TAX AT THE RATE OF 2% FOR THE PURPOSE OF FINANCING THE BUDDY HOLLY RECREATION AREA. FOR: AGAINST: SECTION 5. THAT the City Manager of the City of Lubbock or his designee is hereby authorized and directed to submit this Resolution for review and analysis by the State Comptroller as soon as practical after its passage by the City Council. SECTION 6. THAT, upon receipt of notice of non -objection by the State Comptroller to this Resolution, the Mayor shall order a Special Election be held on the 5th day of May, 2001, which date is a uniform election date available for municipal elections, to determined whether the City of Lubbock may plan, acquire, establish, develop and construct the above named venue projects to be financed by a Short -Term Motor Vehicle Rental Tax at a combined rate of not more than five percent (5%) and a Hotel Occupancy Tax at a combined rate of not more than two percent (2%) pursuant to Chapter 334 of the Local Government Code. SECTION 7. THAT an electronic voting system shall be used in this election, including early voting. Ballots shall be prepared in accordance with the applicable provisions of the Election Code so that voters may cast their ballots either "for" or "against" the measure, which shall appear on the ballot substantially as follows: SECTION 8. THAT the election shall be held at the voting places set forth in an appropriate election order to be issued by the Mayor hereafter and all persons qualified to vote in the City of Lubbock under the election laws of the State of Texas shall be allowed to vote therein. Said Special Election shall be held and the polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their residence unless otherwise provided in the election order. The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code shall be used for this election. SECTION 9. THAT notice of this election shall be published in a newspaper of general circulation published in the City of Lubbock by publication of this Ordinance in its entirety at least once not earlier than the 30th day or later than the loth day before election day. In addition, notice of the election shall be posted as required by the Texas Election Code. SECTION 10. THAT early voting shall commence on the 18th day of April, 2001 and be conducted as provided by an appropriate Election Order to be issued hereafter in implementation of this Resolution. SECTION 11. THAT the City Council hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the City Council hereby incorporates such recitals as a part of this Resolution. 63 Regular City Council Meeting January 25, 2001 Page 64 SECTION 12. THAT if any paragraph, sentence, clause, phrase or word of this Resolution shall be held unconstitutional, invalid or void for any reason, the remainder of this Resolution shall not be affected thereby. SECTION 13. THAT this Resolution shall be effective immediately upon passage in order to ensure that adequate time is available for State Comptroller review and analysis and submission to the U.S. Department of Justice for preclearance. Resolved by the City Council on this 25th day of January, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 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 Exhibits A(1) and A(2) are on file with Resolution No. 2001-R0026. Under the Texas Government Code, the City of Lubbock can create either a Venue Project or a Venue District and, with voter approval, impose a venue tax to fund certain venue projects as defined by the Code. A venue project can be funded through a variety of taxing opportunities, most commonly an increase in the Hotel/Motel Tax of up to 2% and up to 5% in short term motor vehicle rental tax. Other allowable taxing opportunities include an admissions tax (ticket tax), an event parking tax, a facility use tax (on a professional sports team) and sales tax. Any venue project requires that the voters approve each venue project and the financing method for each project. The ballot must designate the venue project, the associated method of financing and the maximum rate of each method of financing. On June 8, 2000 the City Council appointed a 15 member Sports and Community Venues Advisory Committee. The primary objective of the Committee was to research and develop recommendations for the City Council with regard to the establishment of one or more venue projects for the City of Lubbock, including recommendations with regard to financing such projects from available venue taxes and other sources of revenue. The Committee developed criteria to use as they researched various venue projects and agreed that a venue project should meet one or more of the following criteria: 1) Increase hotel room nights; 2) Enhance and preserve pubic and private recreational, cultural, entertainment and arts activities accessible to all citizens and markets; 3) Promote Lubbock for Tourism and Conventions; 64 Regular City Council Meeting January 25, 2001 Page 65 4) Enhance Lubbock's quality of life; 5) Anchor quadrants/sections of town that have been developed; further develop these areas; 6) Develop Lubbock as a spectator and participatory sports event venue; 7) Establish Lubbock as a regional center for the Arts; 8) Enhance Lubbock's image to the rest of the world. At the December 4, 2000 City Council work session, David Langston, Chairperson of the Sports and Community Venues Advisory Committee, presented the Committee's recommendation on Venue Projects. Numerous projects were considered and cost estimates were researched as well as all financing options. During the work session, the City Council directed staff to develop a final recommendation that would include the following projects using the Venue Tax option: Proiect • Amateur Sports Facility —Championship Softball Complex. Championship Softball Complex to be located at the north rim of Dunbar/Historical Lake (formerly known as Lake #6) in the vicinity of 2500 block of Canyon Lakes Drive. (The City owns the land.) • Amateur Sports Facilities —Two Little League Baseball Fourplexes. One Little League Baseball Fourplex to be located at the north rim of Dunbar/Historical Lake (formerly known as Lake #6) in the vicinity of 2300 block of Canyon Lakes Drive; the City owns land. The other Little League Baseball Fourplex to be located in the vicinity of North Ave X and Loop 289. The City will have to purchase the land. • Community Events Area Renovation —Llano Estacado Lake. Llano Estacado Lake (formerly Lake #2) Area Improvements will occur at Buddy Holly Recreational Area, north side of the lake, located approximately at 1200 North University. Each Venue Project is voted on and approved separately. These projects, if approved, will be constructed with bond proceeds that will not exceed the available capacity generated by the Venue Taxes. Should the voters approve all three projects, the scope and budget of the Softball Complex will be scaled back accordingly to remain within projected funding limits. In addition to funding the construction, the venue taxes will support the annual maintenance on these facilities. There will not be a property tax increase as a result of approval and construction of these projects. With this in mind, and in accordance with Section 334.021, Texas Local Government Code, the City of Lubbock will submit a resolution to the State Comptroller's Office for state fiscal impact analysis prior to calling a Venue Projects Election for May 5, 2001. The City Council further directed staff to identify alternative funding for the Visitors & Information Center ($375,000) and the Millennium Project ($300,000). Staff recommended funding these projects with a loan from another fund that can be paid back with hotel/motel funds. Staff recommended that Council authorize the Mayor to issue an appropriate election order to call a Venue Projects Election conditional upon receipt of approval from the State Comptroller's Office. 65 Regular City Council Meeting January 25, 2001 Page 66 Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass Resolution No. 2001-R0026 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. BOARD APPOINTMENTS (53.) Consider one appointment to the West Texas Municipal PoNN'er Agency. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Paul Thompson to the West Texas Municipal Power Agency Board. Motion carried: 4 Yeas, 0 Nays. Councilmember McDougal had stepped away from dais. 6:17 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke adjourned the meeting with the majority of remaining Council present at adjournment: Mayor Sitton, Councilmembers McDougal, Morrison and Nelson. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary Read and approved this 20th day of February, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza, Interim City Secretary