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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/22/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 22, 2001 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of March, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember T.J. Patterson Councilmembers Hernandez and Nelson were absent. CITIZEN COMMENTS (1 •) Stephanie Compton (business address 7333 Brownfield Highway, home address 8214 Belmont), appeared to request consideration of allowing strip paving in a new subdivision her family is planning to develop in the area around 88' and Valencia. This is west of Upland Avenue and south of 82" Street. The subdivision is proposed for small businesses and would be an extension of an area developed with businesses adjacent to strip paving. The existing development is in the newly annexed area, and was developed some years ago. The estimated cost of strip paving is $66,000, as opposed to the estimate of $95,000 for full width paving with curb and gutter. The staff did not support the construction of strip paving in new subdivisions. The City's Paving Policy states: "Strip paving is not considered standard, permanent paving, but only a temporary paving measure until full width paving with curb and gutter can be constructed." The Subdivision Regulations require that paving improvements be provided at the time of platting. Paving improvements are part of the development costs of new subdivisions. Should strip paving be allowed, and later on it is decided by the adjacent owners to pave the streets full width, it would likely be through an assessment paving program. By State Law, the City would pay a minimum of 10 % of the paving costs in the assessment of street paving. There are several reasons why full width paving with curb and gutter is preferable to a narrower strip paved section, but drainage is the most critical issue. With the flat grades staff have, ditches crossing driveways and street intersections are a constant problem on strip paved and dirt roads. The ditches often stand in water, along with standing water problems on drives and intersections. The standing water on asphalt street intersections will lead to more rapid deterioration of the paving. Grading ditches in a developed area becomes more and more difficult as the subdivision matures with the construction of more drives, landscaped parkways, sprinkler systems, mailboxes, etc. Regular City Council Meeting March 22, 2001 Page 176 The staff did not support the request to strip pave streets within a new subdivision. City Manager Bob Cass spoke on behalf of the staff. SPECIAL NOTE: If Council determines strip paving can be allowed in this subdivision, an amendment to Chapter 25 of the Code, the Subdivision Regulations will be required. Currently the regulations do not have the mechanism for approval of strip paved streets within a new subdivision. Should Council desire to have this mechanism, an ordinance will be required to be brought back to the Council at a later City Council meeting to amend the Code. Joe Lopez appeared to address the Council with concerns regarding Item 43. The Council requested that he return later for the hearing of this item. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Police); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions). 7:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except for Councilmember Hernandez. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager) . (3,) 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). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Police). (5.) 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: Building Board of Appeals Community Development & Services Board Community Relations Commission Electric Utility Board Keep Lubbock Beautiful Advisory Committee Park and Recreation Board Public Transit Advisory Board Urban Design & Historical Preservation Commission Youth Commission 9:45 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 176 Regular City Council Meeting March 22, 2001 Page 177 All councilmembers were present except for Councilmember Hernandez (6.) Presentation of Cultural Arts Commission strategic plan by David Langston, Chairman The Lubbock City Council revised the scope and the mission of the Cultural Arts Commission in June 1997. Under the guidance of David Langston, the Commission developed a strategic plan and presented their recommendations for the preservation and promotion of the arts to the Lubbock City Council in August of 1997. Since that time, the goals and objectives of the Cultural Arts Commission have been accomplished, and over the last six months, members of the Commission have updated the strategic plan. David Langston, Chairman of the Cultural Arts Commission, presented an overview of goals that have been completed, and he updated City Council on the Strategic Plan. This item was presented for informational purposes only. No action was required. ( 7.) Update on City of Lubbock legislative efforts by Tony Privett, Director of Communications/Legislation In accordance with the Legislative Package/Omnibus adopted by the City Council, staff has been working diligently to pursue the City of Lubbock's legislative goals in Austin. Issues that have arisen during the course of the session thus far were discussed as well as a progress report on legislation initiated through the Lubbock delegation and the Texas Municipal League. Consensus was given by City council to move the package forward. Staff recommended continued attention to these legislative efforts. 10:30 A. M. WORK SESSION RECESSED 10:44 A. 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, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Councilmember Hernandez Mayor Sitton called the meeting to order at 10:44 A. M. ( g•) Pastor Rusty Sieck, Crossroads Community Church gave the invocation. (9•) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION 177 Regular City Council Meeting March 22, 2001 Page 178 Appointments Advisory Board Receiving: Mike Phelps (unable to attend) Keep Lubbock Beautiful Advisory Committee Receiving: Beth Bridges (unable to attend) Libraries Board Receiving: Abner Euresti (unable to attend) CITIZEN APPEARANCES (10.) Bobby Drum, President of the West Texas Chapter of United States Specialty Sports Association (USSSA), presented the Mayor with an award recognizing the Berl Huffman Softball complex as the Complex of the Year for 2000. During 2000, the City of Lubbock's Berl Huffman Complex hosted fifteen softball tournaments, including two world tournaments and three state tournaments. Over 9,000 youth and adults participated at these events. With 68 percent of the teams coming from out of town, the Lubbock Sports Authority has estimated the direct visitor spending associated with these tournaments at $3.1 million. On February 24, 2001, the West Texas USSSA State Meeting was held. At this meeting, the City of Lubbock's Berl Huffman Softball Complex was named Complex of the Year for 2000. The Berl Huffman Softball Complex was chosen due to the West Texas hospitality, abundant parking, stadium seating and the new infield conditioner that was applied last summer. Bobby Drum, President of the West Texas Chapter of United States Specialty Sports Association (USSSA), presented the Mayor with an award recognizing the Berl Huffman Softball complex as the Complex of the Year for 2000. The maintenance crews for the complex were recognized. Mayor Sitton requested Assistant City Manager Quincy White to assist in the presentation of items 11 - 14. (11.) Presentation of a special recognition to the Dunbar Junior High Boys Basketball Team in appreciation of their 2000-2001 Zone 1 championship win and undefeated record. To honor the dedication and perseverance of our community youth, staff honored the Junior High basketball teams today who have won city or district championships. The schools were presented with their teams for a photo opportunity and staff showed support for their efforts. Presentation of a special recognition to Coach Calvin Walker and the Dunbar Junior High Boys Basketball Team for their Zone 1 City championship win. (12.) Presentation of a special recognition to the Hutchinson Junior High Girls Basketball Team in appreciation of their 2000-2001 Zone 1 championship win. To honor the dedication and perseverance of our community youth, staff honored the Junior High basketball teams today who have won city or 178 Regular City Council Meeting March 22, 2001 Page 179 district championships. The schools were presented with their teams for a photo opportunity and staff showed support for their efforts. Presentation of a special recognition to Coach Lori Perez and the Hutchinson Junior High Girls Basketball Team for their Zone 1 City championship win. This item followed Item #13. (13.) Presentation of a special recognition to the Alderson Junior High Boys Basketball Team in appreciation of their 2000-2001 Zone 2 championship win and undefeated record. To honor the dedication and perseverance of our community youth, staff honored the Junior High basketball teams today who have won city or district championships. The schools were presented with their teams for a photo opportunity and staff showed support for their efforts. Presentation of a special recognition to Coach Wes Brown and the Alderson Junior High Boys Basketball Team for their Zone 2 City championship win. (14.) Presentation of a special recognition to the Alderson Junior High Girls Basketball Team in appreciation of their 2000-2001 Zone 2 championship win. To honor the dedication and perseverance of our community youth, staff honored the Junior High basketball teams today who have won city or district championships. The schools were presented with their teams for a photo opportunity and staff showed support for their efforts. Presentation of a special recognition to Coach Julia Branch and the Alderson Junior High Girls Basketball Team for their Zone 2 City championship win. This item followed Item #12. (15.) Presentation of a special recognition to Floyd Price with the Communities in Schools of the South Plains, Inc. program, in honor of the success of the program, and presentation of certificates of appreciation to the students from Estacado High School and Alderson Junior High who have gone from near dropout status to making the honor roll during the first semester of school in this program. The Communities in Schools (CIS) program of the South Plains has a mission to help young people stay in school and to successfully learn and prepare for life. This program has proven to be very successful in Lubbock and staff recognized several students who have been in at -risk situations and had failing grades, only to bring those grades up to honor roll status during their time in this program. CIS believes that accountability and the coordination of services are essential to meeting the needs of youth in at -risk situations. The CIS model is also built on the premise that the dropout problem is not just a school problem but is, in reality, a community problem. Presentation of a special recognition to Floyd Price, with the Communities in Schools of the South Plains, Inc. program, and certificates of appreciation to the students in this program who have 179 Regular City Council Meeting March 22, 2001 Page 180 made the honor roll. Also recognized were Renee Johns, Mr. Price's assistant at Estacado High School and Jennifer Freeman, the assistant at Alderson Jr. High School. The next item considered was Item No. 45. TOP TEN LIST Councilmember David Nelson presented his Top Ten List of Positive Things about Lubbock. No. 10 is LSA (soccer). The Lubbock Soccer Association, which began in 1973, is based out of the city's Berl Huffman Complex on North Loop 289. 2,800 players, ranging in age from 5 to 50+, play year-round on 45 soccer fields, two of which were lighted for night play with hard-earned funds from LSA. With a motto of "Everybody Plays", this great organization regularly hosts tournaments with teams from Dallas to Albuquerque and provides a positive image for the city's economic development efforts. On April 7, LSA will host "Positive Saturday" which promotes the positive side of youth sports by encouraging families to cheer positively for their players, coaches, opponents and referees. Get your "kicks" on April 7 by attending a soccer game and positively supporting the Lubbock Soccer Association. No. 9 is URL. No, this is not the infamous "Earl" from the Dixie Chicks' hit CD. This stands for Universal Resource Locator, which is your computer web address. The city of Lubbock's web site is constantly being updated to be service -friendly to Lubbock's residents. You can buy tickets to entertainment events, pay your parking tickets and will eventually be able to pay your utility bills and get permits through the city's web site. The Spread Spectrum Wireless Communication feature of the city's computer system allows lightning - fast access to the internet at our libraries, and our staff is working tirelessly with Dr. John Chandler of Texas Tech University to narrow the digital divide to the economically disadvantaged. With stage one of our communications infrastructure completed between Municipal Square and our fire department using high speed fiber connections and the anticipated access to the Reese Center's CRAY II Super computer, Lubbock is fast becoming known as a "city of knowledge" for the new millennium. No. 8 is Bold, and No. 7 is Brash. Whoever thought in 1923 that a flagship university of over 25,000 students would be located in this west Texas outpost? Did our forefathers realize that with the utilization of irrigation this area would one day become the largest cotton -producing region in the United States? Perhaps this same "bold and brash" dream -thinking is what has enabled Market Lubbock, Inc. and our Chambers of Commerce to encourage the creation of over 4,000 new jobs in Lubbock last year alone. Don't expect your city leaders to shy away from a challenge that will benefit this great city. The sky is the only limit for the positive things Lubbock can be. No. 6 is Odyssey of the Mind. Three teams from Preston -Smith Elementary, and at least one from Honey Elementary schools have won their way to the state competition of Odyssey of the Mind in Dallas in two weeks. These bright students and creative teachers and coaches have a tradition of excelling nation-wide in these competitions and representing Lubbock in a positive light. Good luck Preston -Smith and Honey Elementary Schools. 01 Regular City Council Meeting March 22, 2001 Page 181 No. 5 is Community - Community Development Week and Community Relations Commission. Our Council -appointed "CRC" Commission has recently been holding public meetings aimed at trying to improve relations among and between the members of our community, the media, the law enforcement authorities and the government. The commission is doing a good job of eliminating misunderstandings and uninformed notions regarding race and ethnicity. Our city is also sponsoring Community Development Week beginning April 2. Various events will be held informing our community about available programs that improve both the infrastructure and the relations within our community. No. 4 is K-12 Education. Lubbock ISD, Frenship ISD, and Cooper ISD provide an excellent public school education for Lubbock's children. Our public schools provide an educational foundation recognized as one of the best available in the state and nation. Our "hats are off" to those public school education districts, and we encourage them to continue to excel at every turn. No. 3 is Yellowhouse Canyon Windmills. The American Wind Power Center just received a Houston Endowment award of $500,000 to be applied towards the Museum Master Plan. Coy Harris, Executive Director, tells us that the Wind Power Center is well on its way towards completing its new interpretative Center, and is going forward with the $4.5 million Master Plan on this "only -one -of -its -kind" windmill museum in the world. No. 2 is Ergonomically Friendly. Ergonomics is the relationship between human beings and the mechanisms around them. It studies how we interact with the man-made environment around us. Convenience and finger-tip access are important tools to being ergonomically friendly. Lubbock is ergonomically friendly - we can reach over our shoulder, flip a light switch, and electricity is there! We have a well laid -out city with regard to platting and zoning. We have a convenient city - we have supermarkets within 2 miles of every major housing development and churches within a mile of each. Lubbock is easy, efficient and ergonomically friendly in which to get around. No. 1 is Sweet Sixteen - TTU Women's Basketball team (25-6), NCAA Regional Tournament in Birmingham, Alabama this weekend. We wish them good luck. But also remember another "Sweet Sixteen" team in Lubbock - the LCU Men's Basketball team (24-10), coached by Jon Copeland, advanced to the elite eight in the NAIA tournament last week in Tulsa, OK. Congratulations one and all in making Lubbock a basketball epicenter and creating the notoriety that goes with it. CONSENT AGENDA (Items No. 16-35) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve Items 16-35 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (16.) Approval of the minutes of the Regular City Council Meeting of March 6, 2001. (17.) ORDINANCE #2000-00068—Amending Section 28-26 of the City of Lubbock Code of Ordinances to eliminate the requirement of collecting deposits (second and final reading). 181 Regular City Council Meeting March 22, 2001 Page 182 ORDINANCE NO. 2001-00068 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2918; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE (RESIDENTIAL ESTATES) AND GO ZONING ON AN UNPLATTED 40-ACRE TRACT OUT OF THE SOUTHWEST QUARTER OF SECTION 22, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE #2001-00016—Amending Chapter 28 of the Code of Ordinances of the City of Lubbock with regard to establishing a program to rebate water and sanitary sewer pro rata charges for qualified not -for -profit agencies constructing owner occupied homes (second and final reading). ORDINANCE NO. 2001-00016 AN ORDINANCE AMENDING CHAPTER 28 OF THE CITY OF LUBBOCK CODE OF ORDINANCES, PERMITTING REIMBURSEMENT OF WATER AND SANITARY SEWER PRO RATA CHARGES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2001-00018 authorizing the City Council of the City of Lubbock to amend Chapter 4 of the Code of Ordinances of the City of Lubbock, Texas, with regard to tying dogs and other animals; providing for criminal penalties, providing a savings clause, and providing for publication (first reading). ORDINANCE NO. 2001-00018 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TYING DOGS AND OTHER ANIMALS; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The death of two of Lubbock's citizens last year, a child just beginning to live and a senior citizen with all the knowledge of life to give, has prompted Animals Services and the Health Department to propose amendments to the Animal Control Ordinance. The City of Lubbock experienced two Dog Bite Related Fatalities (DBRF) in CY 2000. The dogs involved in both of these deaths were routinely chained animals. An elderly lady (age 82) attacked on June 7, 2000 died on July 21, 2000 from complications caused from the severe mauling inflected by three pit bulls running loose. Tethered animals that get loose from their chains are still aggressive and are likely to chase and attack unsuspecting victims. Unfortunately, national statistics indicate that most victims are children. On July 2, 2000, a 4-year-old male child wandered into the presence of two chained Huskies and died instantly from a broken neck when attacked by both of the dogs. Texas has reported five fatalities during the past two years. Of the five fatalities reported, four were the result of dogs being chained. The chaining or tethering of dogs refers to the practice of fastening the animal to a stationary object or stake, usually in his or her owner's backyard, as a means of keeping the animal under control. It does not refer to the periods when an animal is walked on a leash. Chaining contributes to aggressive behavior in dogs, inadequate socialization with 182 Regular City Council Meeting March 22, 2001 Page 183 inhumane. Both The Humane Society of the United States and the United States Department of Agriculture (USDA) have issued statements against chaining or tethering. Nonfatal dog bites continue to be a public health problem in Lubbock and in the United States. Dog bite related fatalities represent the most severe manifestation of the problem. The City of Lubbock averages over 350 bites reported each year. The actual number is probably much higher with many of the bites never being reported by the general public. Animal Services assigned one field officer as an Education Officer in 1996 to combat the increasing number of bite reports being addressed. The average number of bites has decreased to about one bite per day being reported. In addition, the Health Educators at the Health Department have been trained to provide bite prevention programs that will enhance current effort by Animal Services. Section 1 of the proposed addition states that it shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the Animal Control Officer. Section 2 will provide for misdemeanor criminal penalties. Section 3 provides a savings clause to protect the remainder of the ordinance in the event any part of the addition is declared unconstitutional or invalid for any reason. Section 4 of the proposed ordinance provides for publication. Staff recommended approval of this ordinance. (20.) Ordinance No. 2001-00019 abandoning and closing three sanitary sewer line easements located in Section 5, Block E-2, Lubbock County, Texas (5225 20" Street) (first reading). ORDINANCE NO. 2001-00019 AN ORDINANCE ABANDONING AND CLOSING THREE SANITARY SEWER LINE EASEMENTS LOCATED IN SECTION FIVE (5), BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. These three five-foot sanitary sewer line easements are located in the soon to be platted Lewis Estates, south of 19" Street and west of Slide Road. These easements were dedicated in 1954 and new easements in the Lewis Estates Addition will replace these being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (20.) Resolution No. 2001-R0089 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of City of Lubbock Tax & Municipal Drainage Utility System Surplus Revenue Certificates of Obligation, Series 2001 in an amount not to exceed $35,000,000. 183 Regular City Council Meeting March 22, 2001 Page 184 RESOLUTION NO. 2001-R0089 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) drainage improvements, including the acquisition, construction and repair of structures, equipment and facilities for the City's Municipal Drainage Utility System, and (ii) professional services rendered in connection with such project and the financing thereof; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such certificates of obligation; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $35,000,000 for the purpose of paying contractual obligations to be incurred for (i) drainage improvements, including the acquisition, construction and repair of structures, equipment and facilities for the City's Municipal Drainage Utility System, and (ii) professional services rendered in connection with such project and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of net revenues of the City's Municipal Drainage Utility System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the Idate stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. PASSED AND APPROVED, this March 22, 2001. CITY OF LUBBOCK, TEXAS /s/ WINDY SITTON MAYOR WINDY SITTON ATTEST: /s/ Rebecca Garza City Secretary, Rebecca Garza (City Seal) A copy of Exhibits "A" and "B" are filed with Resolution No. 2001-R0089. The proceeds from the sale of this bond issuance will be used for drainage improvements, including the acquisition, construction and 10 Regular City Council Meeting March 22, 2001 Page 185 repair of structures, equipment and facilities for the City's Municipal Drainage Utility System. The proceeds will also be used for professional services rendered in connection with this project and the financing thereof. These bonds will primarily fund the South Central portion of the Stormwater Drainage System that will be used to alleviate the flooding conditions that have occurred in the south central portions of the City in the recent past. As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of this resolution. Pricing date is set for May 22, 2001. (22.) Resolution No. 2001-R0090 authorizing and directing the Mayor to execute a grant application for an allocation for the Aviation Heritage Foundation —Silent Wings Museum, and any related documents, to be submitted to the Economic Development Initiative —Special Projects section of the Department of Housing and Urban Development. RESOLUTION NO. 2001-R0090 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Economic Development Initiative -Special Projects application, by and between the City of Lubbock and the Housing and Urban Development Department for the Silent Wings Museum, and all related documents. Said application is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney , Community Development Manager APPROVED AS TO FORM: /S/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Application is filed with Resolution No. 2001-R0090. The Department of Housing and Urban Development (HUD) has given preliminary approval for a $323,750 allocation to the Aviation Heritage Foundation —Silent Wings Museum. The City of Lubbock's Community Development Department will serve as the grantee for the purposes of 185 Regular City Council Meeting March 22, 2001 Page 186 this grant. The Aviation Heritage Foundation —Silent Wings Museum will serve as the sub -grantee. Congress allocated these funds for the Silent Wings Museum. This application is a follow-up to this allocation in order to draw down the funds. The funds will be used for construction aspects of the museum. Community Development recommended the approval of this resolution. (23.) Resolution No. 2001-R0091 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the South Plains Regional Workforce Development Board for Childcare from the Community Development Block Grant for Public Service. RESOLUTION NO. 2001-R0091 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and South Plains Regional Workforce Development Board for Childcare from the Community Development Block Grant for Public Service and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2001-R0091. Grantee: South Plains Regional Workforce Development Board. Pro ram: Childcare Funding Source: 2000-2001 Community Development Block Grant Regular City Council Meeting March 22, 2001 Page 187 Use of Funds: This project will provide childcare fee assistance to 13 low to moderate income families who are working toward self- sufficiency. Amount: $42,000 Match: 25 % Return of Investment: Not required for Community Development Public Service. Terms: October 1, 2000 through September 30, 2001 Comments: Funding for this contract was approved by City Council at the June 20, 2000 City Council meeting. The contract is available for review in the City Secretary's Office. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. (24.) Resolution No. 2001-R0092 authorizing the Mayor to execute a lease agreement with Benton Oil Company for a tract of land adjacent to Lot 26, Block 3, Riceland Addition to the City of Lubbock (3109 Clovis Highway). RESOLUTION NO. 2001-R0092 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease between the City of Lubbock and Benton Oil Company, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, V Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0092 187 Regular City Council Meeting March 22, 2001 Page 188 Tod Forbess of Benton Oil Company is operating a Phillips 66 Car Wash at the southwest corner of Clovis Highway and North Flint Avenue. On the west side of the car wash is a tract of land owned by the City. This 181.5-foot by 130.8-foot tract of land was acquired by the City in 1941 for a water well site. Mr. Forbess desires to lease a 3,905-square foot triangular portion of this City property to increase the drive and parking area on the west side of their property. This triangular shaped piece of property will be leased to Benton Oil Company for $250 per year. This lease will be for five years, with two additional five-year options. The Right -of -Way Department recommended the approval of this resolution. (25.) Resolution No. 2001-R0093 authorizing the Mayor to execute a Quitclaim Deed in favor of Mr. W. Fireworks, Inc. for four tracts of excess 82°d Street right-of-way (1311 82°d Street). RESOLUTION NO. 2001-R0093 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute a Quitclaim Deed with associated documents for and on behalf of the City of Lubbock with Mr. W. Fireworks, Inc., a Texas Corporation. 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 Council. Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Deed is filed with Resolution No. 2001-R0093. 82nd Street from I-27 westward to Avenue U was completed a couple of years ago. Originally, 15 feet was to be taken off the south side. Later, TxDOT decided, due to a gas line in the south right-of-way of 82" Street, to move the road entirely northward and cancelled the need for this 15 feet. Before TxDOT made this decision, this 15 feet was surveyed and appraised and the Right -of -Way Department acquired this additional 15 feet of 82"d Street right-of-way from a couple of owners. Im Regular City Council Meeting March 22, 2001 Page 189 One of the owners, Mr. W. Fireworks, owns four lots from which staff bought this 15 feet of right-of-way and they desire to buy it back. This four lot taking was appraised at $5,400 and that is the price for the City to sell it back to them. The Right -of -Way Department recommended the approval of this resolution. (26.) Resolution No. 2001-R0094 authorizing the Mayor to execute an agreement with ONEOK WesTex Transmission, Inc. for gas facilities relocation in conjunction with the Marsha Sharp Freeway Railroad Relocation project (191' Street and FM 179). RESOLUTION NO. 2001-R0094 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an agreement for gas facilities relocation in conjunction with the Marsha Sharp Freeway railroad relocation project, by and between the City of Lubbock and ONEOK WestTex Transmission, Inc. 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 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2001-R0094. There are three underground gas pipelines and a rectifier that need to be relocated by ONEOK for the railroad relocation project. The first pipeline and rectifier is located south of 19`' Street, just west of FM 179. The other two pipelines are north of 4`'', just west of FM 179. The cost estimate by ONEOK to complete this job is $196,100. The maximum proposed in this agreement by ONEOK to complete this work is $294,150. That is a fairly large spread due to some unknown variables between the two, according to Parkhill, Smith and Cooper, the engineering firm that is handling the utility relocation for this project. However, the Right -of -Way Department visited with Jeff Pylant of Regular City Council Meeting March 22, 2001 Page 190 ONEOK and he feels that the final cost should be close to their estimate of $196,100. The Right -of -Way Department recommended the approval of this resolution. (27.) Resolution No. 2001-R0095 authorizing acceptance of water and sanitary Improvements for Tract A, Mears Motors Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-R0095 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR TRACT A, MEARS MOTORS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Mears Motors 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 $ 54,500.64 with the improvements constructed by Utility Contractors of America having a value of $ 52,412.20 as determined by the unit prices established by said Chapter 28, and $2,088.44 cash paid to the City, which amount includes $ 0.00 cash for adjacent lines, with James Mears the owner and developer, to receive a refund of $ 43,042.59 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 $ 43,042.59 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $ 0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22nd day of March, 2001. /s/. WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, . City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice 190 Regular City Council Meeting March 22, 2001 Page 191 This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $54,500.64 and has a value of $52,412.20 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $2,088.44 that includes $0.00 for adjacent mains. The developer, James Mears, will receive a refund of $43,042.59 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at Spur 327 and Homestead Avenue. Staff recommended acceptance of the improvements. (28.) Resolution No. 2001-R0096 authorizing the Mayor to execute the second year of funding for the Criminal Justice Division Title V Delinquency Prevention GRUB Grant. RESOLUTION NO. 2001-R0096 WHEREAS, the City Council of the City of Lubbock finds it in the best interest of the citizens of the City of Lubbock, that the Lubbock Urban Gardens be operated for the 2002 year; and WHEREAS, the City Council of the City of Lubbock has considered the proposed application for State and Federal Assistance for said project, in the amount of $79,072 to be submitted to the Justice Planning (421) Fund Program; and WHEREAS, the City Council of the City of Lubbock has agreed that in the event of loss or misuse of the funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Lubbock approves submission of the grant application for the Lubbock Urban Gardens to the Office of the Governor, Criminal Justice Division, in the amount of $79,072. Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Everette Hooper Everette "Scoop" Hooper Youth Services Coordinator APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2001-R0096. 191 Regular City Council Meeting March 22, 2001 Page 192 The City of Lubbock Youth Services Department has joined with the South Plains Food Bank, Lubbock County Juvenile Justice Center, and other non-profit organizations to propose a gardening and produce marketing program. If accepted, the CJD grant would fund $79,072 for equipment, supplies, and one manager and assistant manager for the program. The City's Youth Coordinator estimates dedicating 15 % of his time for the second year to support the program. Staff recommended the Council's support for the second year funding of this grant application, in order to offer juvenile offenders an opportunity to learn life and career skills through a productive gardening and marketing program. (29.) Resolution No. 2001-R0097/RFP #264-00/VK—Auction Services (Purchasing) —The City of Lubbock Purchasing Manager is charged with the responsibility to dispose of surplus city property. Surplus property includes office furniture and equipment, motor vehicles and service bodies, real property, abandoned, stolen or recovered property held in custody by the Police Department and unclaimed for a period of at least 60 days, or other property determined by the Purchasing Manager to be surplus property of the City. Methods of disposal include: 0 Sale at Public Auction • Sale by Competitive Sealed Bid • Negotiated Sale to Other Governments • Transfer to charitable and civic organizations • Destruction of certain property RESOLUTION NO. 2001-R0097 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 auction services, by and between the City of Lubbock and Rene' Bates Auctioneers, Inc. of McKinney, Texas and MRB Online Auction Group, L.C. of McKinney, 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 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 192 Regular City Council Meeting March 22, 2001 Page 193 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 This contract is for full -service auctioneer services on an "as -needed" basis. The formal Request for Proposals (RFP) process was used to solicit competitive proposals from interested firms and individuals to provide these services. A selection committee was appointed to review and rate the proposals submitted. The committee used the basic evaluation methods in the Evaluation Procedures for Competitive Negotiation for Professional & Non -Professional Services of the City Purchasing Department. The evaluation criteria and relative importance stipulated in the RFP included: • Clarity, Completeness and Comprehensiveness of Proposal (25 %) • Service Levels and Capability of Offerer (25 %) • Mandatory Requirements of the RFP (25 %) • Methodology and Costs (25 %) Three auctioneer firms submitted proposals to the City o Lubbock for auctioneer services and were ranked by the evaluation committee as follows: Rene Bates Auctioneers and MRB Online Auction Group of McKinney, Texas 91 Assiter & Associates of Amarillo, Texas 76 Lone Star Auctioneers, Inc. of Fort Worth, Texas 72 The selection committee recommended contract award to Rene Bates Auctioneers, in strategic partnership with MRB Online Auction Group, to perform turnkey full -service auction services for the flat rate of 5 % of gross auction revenue, exclusive of sales tax, and cattle grazing rights auction services for the flat rate of $1,700. (30.) BID #009-01/LR—Sand, Gravel & Caliche—Annual Pricing (Street Department) —This bid establishes annual pricing for the purchase of sand, gravel and caliche used for various street repairs on city streets. The low bids are listed below and are within the Maintenance Street System budget amount: R. E. Janes Gravel Co. of Slaton, Texas $190,305 Ronnie Zahn Paving, Inc. of Lubbock Texas $ 8,775 Allen Butler Construction, Inc. of Ransom Canyon, Texas $ 71,250 (31.) BID #019-01/LR—Ice Control Salt —Annual Pricing (Street Department) —This bid establishes annual pricing for the purchase of ice control salt to be used apply to various city streets during freezing 193 Regular City Council Meeting March 22, 2001 Page 194 weather. The bid specifications include an option to renew annually for up to two additional years upon mutual agreement of both parties. The low bid is $13,000 per year from Lubbock Imports, Inc. of Lubbock, Texas and is within the Maintenance Street System budget amount. (32.) Resolution No. 2001-R0098/BID #027-01/LR—Contract Weed Shredding at the Land Application Site (Land Application Site) —This bid establishes annual pricing for weed shredding at both the Land Application Site —Wilson Farm and the Land Application Site —Lubbock Farm. This service will be performed during the spring and summer months of 2001. The shredding service is necessary to keep a nice appearance of each site. The bid specifications include an option to renew annually for up to two additional years upon mutual agreement of both parties. RESOLUTION NO. 2001-R0098 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 weed shredding at the Land Application Site, by and between the City of Lubbock and Nolan Pack 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 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0098. The low bid is $18,000 per year per cutting cycle from Nolan Pack of Lubbock, Texas and is within the Professional Services budget amount. (33.) Resolution No. 2001-R0099/13I1) #029-01/LR—Sale of Scrap Paper (Solid Waste) —This bid establishes a price for the sale of scrap paper. The City of Lubbock collects these materials at recycling drop-off locations and through an internal recycling program. The City of Lubbock will deliver these materials to the successful contractor. 194 Regular City Council Meeting March 22, 2001 Page 195 Pricing for each category of scrap paper will be based on market prices listed in the weekly publication of the Official Board Markets and will be allowed to fluctuate with the market. The price paid for each delivery of scrap paper will be calculated by multiplying the Southwest Market High by the percentage bid by the successful bidders. The successful contractor will either recycle the materials or sell it to another company who recycles or reuses the materials. RESOLUTION NO. 2001-R0099 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for sale of scrap paper, by and between the City of Lubbock and BFI, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas,Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0099. The highest bidder is BFI, Inc. of Lubbock, Texas with 30 % the followingCorrugated Cardboard Newsprint E30 Shredded Computer Paper 30 White Paper 30 (34.) Resolution No. 2001-R0100/13I1) #032-01/RS—Meal Service for Senior Citizens Centers (Indoor Recreation) —The City of Lubbock Senior Program provides a hot heal that targets any citizen 60 years of age or older, for a recommended donation of $2 per meal. Meals are required to meet 1/3 RDA as established by Texas Department of Aging Regulations. The meal menus are developed by a licensed dietician employed by the South Plains Association of Governments and are then prepared and delivered by a vendor. 195 Regular City Council Meeting March 22, 2001 Page 196 RESOLUTION NO. 2001-RO100 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for meal service for senior citizens centers, by and between the City of Lubbock and Aramark Educational Services, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-RO100. The low bid is $156,750 from ARAMARK Education Services, Inc. of Lubbock, Texas and is within the Grant Program for Aging -Title III-C budget amount. (35.) Resolution No. 2001-RO101/BID #036-01/RS—Construction of Fuel Station Canopy & Animal Control Canopy (Facilities Management) —This project will construct a new canopy over the North Fuel Site and over the Animal Control Crematorium area. The fuel site canopy will protect the fuel pumps and customers from rain and stormy weather. RESOLUTION NO. 2001-RO101 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract per ITB #036- 01/RS for construction of fuel station canopy and animal control canopy, by and between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 196 Regular City Council Meeting March 22, 2001 Page 197 Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 22nd day of March, 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 Brown -McKee, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #036-01/RS -CONSTRUCTION OF FUEL STATION CANOPY & ANIMAL CONTROL CANOPY- $56,644.00 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. 197 Regular City Council Meeting March 22, 2001 Page 198 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Peggy H. Young CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Brown -McKee, Inc. Bv: /s/ Mike P. Oles PRINTED NAME: Mike P. Oles TITLE: President COMPLETE ADDRESS: Brown -McKee, Inc. 906 Slaton Road Lubbock, Texas 79452 The low total bid is $56,344 from Brown -McKee, Inc. of Lubbock, Texas and is within the Building Capital Outlay -Fleet Services Canopy and the Building Capital Outlay -Animal Shelter Renovations budget amounts. 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. REGULAR AGENDA (36.) ORDINANCE #2001-00017—ZONE CASE NO. 2904 (located along 4" Street and Brownfield Highway from Interstate 27 to South Loop 289): Request of the City of Lubbock for a zoning change from C-2 Specific Use, C-3, C-4, C-4 Specific Use, M-1 and M-2 to IHC and IHI zoning on portions of land out of Block A, Section 79, Block 0, Section 1; Block A, Section 19; Block 0, Section 2; Block A, Section 20; Block E2, Section 2; Block B, Section 15; Block B, Section 17; Block E2, Section 5; Block E2, Section 6; Block AK, Section 36; Block AK, Section 37, Lubbock, Texas, and all streets and alleys and railroad rights -of -way enclosed by the boundary on the map that is made a part of this ordinance and available for viewing at the Planning Department, 1625 13" Street, Room 107, Lubbock, Texas during business hours (second and final reading.) ORDINANCE NO.2001-00017 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2904; A ZONING CHANGE FROM C-2 SPECIFIC USE, C-3, C-4, C-4 SPECIFIC USE, M-1 AND M-2 TO IHC AND IHI ZONING ON PORTIONS OF LAND OUT OF BLOCK A, SECTION 79, BLOCK 0, SECTION 1; BLOCK A, SECTION 19; BLOCK O, SECTION 2; BLOCK A, SECTION 20; BLOCK E2, SECTION 2; BLOCK B, SECTION 15; BLOCK B, SECTION 17; BLOCK E2, SECTION 5; BLOCK E2, SECTION 6; BLOCK AK, SECTION 36; Regular City Council Meeting March 22, 2001 Page 199 BLOCK AK, SECTION 37, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass on second and final reading Ordinance No. 2001-00017 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC HEARINGS (37.) Ordinance No. 2001-00020 - ZONE CASE NO. 2772-A (9801-9825 Vinton): Hold a public hearing to consider request of the City of Lubbock (for parcel owners) for a zoning change from A-2 to R-1 specific use for garden homes on Lots 1A-12, Wedgewood South Addition. ORDINANCE NO. 2001-00020 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2772-A; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 1A-12, WEDGEWOOD SOUTH ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:34 a. in. Randy Henson, Sr. Planner, appeared on behalf of staff. No one appeared in opposition. Mayor Sitton closed the hearing at 11:37 a. in. In 1996 a zone case was approved for this property and the area to the west as A-2 limited to a personal care facility. Subsequently, a replat was processed dedicating the 9800 block of Vinton and lots intended for garden homes on the east side. The developer did not respond to a request by the staff to rezone the property as R-1 Specific Use for Garden Homes. At a later date, construction permits were issued for garden homes with a presumption that the zoning issue had been cleared. Since the original developer no longer owns any of the lots, the staff filed the zone case to rectify the situation. Adjacent land uses: North — 98`h Street with Lakeridge homes South — single family, Specific Use East — single family, Specific Use West — a personal care facility with vacant property toward 98`' Street zoned A-2 limited to a personal care facility. The proposal is consistent with both Comprehensive Land Use Plan policies and zoning policies. The proposal will have no effect on the thoroughfare system. The staff recommended the R-1 Specific Use zoning. Several issues have been expressed: • One current resident requests, in lieu of deed restrictions that the owners do not have from the original developer, a percent brick requirement. 75 % is most common in neighborhoods in this area. 199 Regular City Council Meeting March 22, 2001 Page 200 • The owner of the north five lots requests that, because the first two lots south of 98' Street are too small for garden homes, the Specific Use Permit include two townhomes on the north two lots and garden homes on the balance. The process may require a replat of the two lots. • A third item surfaced after the Planning Commission meeting. One existing garden homeowner requested that alley garage access be added as a requirement. The existing homes are designed for alley access and the alley is paved. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. North two lots may be town homes; the balance of the lots shall be garden homes. 2. 75 % brick construction on all lots. The staff supported the recommendation of the Planning Commission with a request to add the third condition for alley access garages. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 2001-00020 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (38.) Ordinance No. 2001-00021 ZONE CASE NO. 2905 (10410 Slide Road): Hold a public hearing to consider request of Michael R. Postar (for Advanced Self Storage) for a zoning change from T to C- 4 specific use for mini -warehouses on an unplatted 5.03 acre tract out of Block E2, Section 25. ORDINANCE NO. 2001-00021 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2905; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON AN UNPLATTED 5.03 ACRE TRACT OUT OF BLOCK E2, SECTION 25, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:37 a. m. Michael R. Postar appeared on behalf of Advanced Self Storage No one appeared in opposition. Mayor Sitton closed the hearing at 11:38 a. m. The owner of a mini -warehouse project developed on Slide Road south of 98`' on the west side, requested zoning that will allow a second phase of the project. The first phase was developed prior to the 1999 annexation. Adjacent land uses: North — current commercial mini -warehouse project South — vacant East — commercial on the east side of Slide Road West — playa 200 Regular City Council Meeting March 22, 2001 Page 201 The project is consistent with the Comprehensive Land Use Plan. Some while back, a Plan change was approved that acknowledged the strip commercial along Slide that was inherited when the area was annexed. In addition, the playa to the west limits development along this portion of Slide Road; there will be no "neighborhood" behind this commercial. The site plan is adequate with the exception that no landscaping is illustrated. After the property is platted, the buildings will have a ten - foot remaining setback from the Slide right-of-way. The proponent requested no landscape to be consistent with the existing project. The Planning Commission approved a delay for landscaping the current phase two, with a requirement that a ten -foot strip be landscaped in front of all the buildings when phase three is complete. The proposal will have a minimum impact on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following condition: A ten -foot strip of landscaping along the front of all buildings in the complex adjacent to Slide Road at completion of phase three. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Patterson and seconded by Councilmember Cooke to pass on first reading Ordinance No.2001- 00021 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (39.) Ordinance No. 2001-00022 - ZONE CASE NO. 2906 (7015 Indiana Avenue): Hold a public hearing to consider request of King McInnes for Indiana Chevron for a zoning change from C-2 to C-3 on Lot 177, Live Oak Addition. ORDINANCE NO. 2001-00022 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2906; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON LOT 177, LIVE OAK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:38.a.m. King McInnes appeared on behalf of Indiana Chevron. No one appeared in opposition. Mayor Sitton closed the hearing at 11:39 a. m. The request will allow an existing service station to be zoned correctly. The existing operation is nonconforming. In addition, the C-3 designation allows for a tunnel -style car wash that the owner is considering building on the property. Adjacent land uses: North — commercial South — commercial East — commercial 201 Regular City Council Meeting March 22, 2001 Page 202 West — commercial The proposal is consistent with both the Comprehensive Land Use Plan and zoning policy. Any proposed new development will have to meet required commercial setback from the Loop service road and Indiana Avenue The proposal will have no additional 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 and seconded by Councilmember Morrison to pass on first reading Ordinance No.2001- 00022 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (40.) Ordinance No. 2001-00023 - ZONE CASE NO. 2908 (southwest corner of 66" Street and Upland Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for South Plains Development Corporation) for a zoning change from T to IHI on Tract A, Tobasco Valley No.3. ORDINANCE NO. 2001-00023 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2908; A ZONING CHANGE FROM T TO IHI AND IHC ZONING ON TRACTS OUT OF SECTION 31, BLOCK AK, LUBBOCK COUNTY, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:39 a.m. Terry Holman appeared on behalf of Hugo Reed. No one appeared in opposition. Mayor Sitton closed the hearing at 11:40 a. in. South Plains Electric is in the process of developing an office and yard on land at 66`' and Upland. The project is adjacent to the Sears Sales Center north of the Brownfield Highway on Upland. The administrative offices for SPEC are at 82" and Upland. During the hearing the proponent requested Interstate Commercial on the Lot 1 and the next 100 feet south of 67`' Street. SPEC is not developing the area next to the Sears store. Adjacent land uses: North — vacant and a home South — Brownfield Highway and the railroad East — Upland Avenue West — vacant The use represents a minor adjustment to the recently amended Comprehensive Land Use Plan for the area annexed in 1999. Because SPEC has the need for a yard for storage of materials, the current policy for commercial does not meet their needs. 202 Regular City Council Meeting March 22, 2001 Page 203 Regarding zoning policy, although the use will be within the industrial classification, the IHI provides that outside stack areas be screened from public view. The change to IHC for the Sears lot and adjacent 100 feet south of 67`h Street will be in keeping with the Comprehensive Land Use Plan. A proposed condition would not allow future industrial uses other than an electric company operation. The SPEC property would revert to Interstate Commercial permitted uses for future users unless a new zoning proposal is considered. The project should have no detrimental effect on the thoroughfare system. The Planning Commission further amended the request to include Interstate Commercial for all the area south of 67`' Street (to the west of Sears). As such, none of the Brownfield Highway frontage (north of the railroad track) will be "industrial". The agent for SPEC was in agreement. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: A. Tract 1 (north of 67h Street): Interstate Industrial. 1. The Interstate Industrial portion shall be limited to the operations of SPEC. 2. Any future proposed use for other than permitted in the Interstate Commercial District be subject to a new zone case. B. Tract 2 (south of 671h Street): Interstate Commercial. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Nelson and seconded by Councilmember Morrison to pass on first reading Ordinance No.2001- 00023 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 2001-00024 - ZONE CASE NO. 2909 (north of 66 Street and south of Spur 327 between Justice Avenue and Pontiac Avenue): Hold a public hearing to consider request of Burl Masters (for Dick and Jim Lowrey) for a zoning change from R-1 to C-4 and A-1 on an unplatted 99.5 acre tract out of the southwest corner of Section 36, Block AK, and the southeast corner of Section 35, Block AK. ORDINANCE NO.2001-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2909; A ZONING CHANGE FROM R-1 TO C-4 AND A-1 ZONING ON AN UNPLATTED 99.5 ACRE TRACT OUT OF THE SOUTHWEST CORNER OF SECTION 36, BLOCK AK, AND THE SOUTHEAST CORNER OF SECTION 35, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:40 a.m. Burl Masters appeared on behalf of Dick and Jim Lowrey. No one appeared in opposition. Mayor Sitton closed the hearing at 11:43 a in. 203 Regular City Council Meeting March 22, 2001 Page 204 After the case was filed, the staff requested the applicant to consider amending the request from the C-4 with a strike list to Interstate Commercial. Using the IHC designation will allow for a more clean cut method to achieve the same objectives as the area to the east that is zoned C-4 with a long strike list. The zone case behind (south) of the two car dealerships on the Spur was processed before the Interstate Districts were developed. With the use of the new IHC architectural materials standards any distinction of the permitted uses becomes less of an issue. Adjacent land uses: North — Spur 327 South — vacant East — vacant West — nonconforming commercial annexed in 1999 The proposal is consistent with the current Comprehensive Land Use Plan. The single item of concern is the fact that the vacant area south of 66`' Street is designated as residential on the Plan, and the staff will attempt for that to remain official policy. 66`' Street west of Frankford is designated as a collector level street. To mitigate the effect of commercial on the north side, the applicant has agreed to an increased set back for structures on parcels adjacent to 66`'', as well as the 10% landscape requirement (versus the normal 5 % on non -thoroughfare streets in IHC). Parcels adjacent to the Brownfield Highway will also have the 10 % requirement. The proposal for lots fronting 66`' is a sixty -foot minimum setback for single story construction and seventy-five feet for two or more stories construction. This requirement would apply to the A-1 parcel also. The proposal meets zoning policies. The project should have no greater effect on the thoroughfare system than anticipated. Fully developed, the area will be a large traffic generator. However, the Spur is to the north, 66' as a collector borders the south, and Milwaukee will eventually function as a north/south thoroughfare through the center of the property. The Planning and Zoning Commission supports the request as IHC and A-1 subject to the following conditions: 1. A sixty -foot setback for single story and seventy-five feet for two or more stories from 66`' Street. 2. For parcels zoned IHC adjacent to the Spur 327 and 66' Street, development shall include ten percent on site landscaping. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Patterson and seconded by Councilmember Morrison to pass on first reading Ordinance No.2001- 00024 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (42.) Ordinance No. 2001-00025- ZONE CASE NO. 1786-A (northwest corner of 981h Street and University Avenue): Hold a public hearing 204 Regular City Council Meeting March 22, 2001 Page 205 to consider request of Hugo Reed and Associates, Inc. (for Robert Whitaker) for a zoning change from C-2 to A-1 on Lots A-1-13, University Pines Addition. ORDINANCE NO. 2001-00025 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1786-A; A ZONING CHANGE FROM C-2 TO A-1 ZONING ON LOTS A-1-B, UNIVERSITY PINES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:43 a. m. Terry Holman appeared on behalf of Hugo Reed and Associates, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:44 a. m. The parcel proposed for rezoning is currently zoned C-2. The request is A-1. Adjacent land uses: North — single family South — vacant East — single family across University West — single family The request is consistent with both the Comprehensive Land Use Plan and zoning policy. The amendment actually gets this corner back to a greater level of compliance with Comprehensive Plan objectives for commercial zoning to be buffered from low to medium residential by higher density residential zoning. The proposal should have little additional 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 Morrison and seconded by Councilmember Nelson to pass on first reading Ordinance No.2001- 00025 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (43.) Ordinance No. 2001-00026 - ZONE CASE NO. 1750-H (Southwest Haven Addition on the northwest corner of Loop 289 and Utica Avenue): Hold a public hearing to consider request of Allyn Taylor (for ESA Management, Inc.) for a zoning change from C-2A to AM specific use for a hotel on tracts F, G and H. 205 Regular City Council Meeting March 22, 2001 Page 206 ORDINANCE NO. 2001-00026 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1750-H; A ZONING CHANGE FROM C-2A TO AM SPECIFIC USE ZONING FOR A HOTEL ON TRACTS F, G AND H IN THE SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:44 a. m. Allyn Taylor and Michael Bacchi (Stay America)) appeared on behalf of ESA Management, Inc. Joe Lopez, 4806 66th, Lubbock, appeared in opposition. City Manager Cass recommended that rather than table the matter, the Council pass the first reading; and concerns brought up by Mr. Lopez should be resolved by the second and final reading. Mayor Sitton closed the hearing at 11:56 a. in. The request would rezone a parcel currently zoned C2A limited to professional offices to a Specific Use Permit for a motel. Several years ago, a Permit for a motel was approved within a zone case that has since lapsed. Adjacent land uses: North — duplex residential South — Loop 289 East — medical development West — commercial The request is consistent with the Comprehensive Land Use Plan. The Specific Use Permit addresses most of the zoning related policy issues. The property will be walled from 66`' Street with a seven -foot fence. No curb cuts to 66`' are proposed. The project is a three-story facility, and the bulk of the structure is oriented closer to the Loop, and away from 66`' Street. One adjacent resident expressed concern about increased traffic. The property will eventually be developed as commercial, and experience indicates that a motel creates less overall traffic and is usually off peak hour traffic. As noted, no access from 66' will be allowed. Drive access to the property will be from Utica and Loop 289. As Specific Use, it is tied to the proposed site plan. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Tied to site plan 1750-H and elevations 1750-H. The staff supported the recommendation of the Planning Commission. Motion was made by Councilmember Cooke and seconded by Councilmember Patterson to pass on first reading Ordinance No.2001- 00026 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 206 Regular City Council Meeting March 22, 2001 Page 207 (44.) Hold a public hearing to consider amendment of the zoning code requiring Zoning Board of Adjustment approval of outdoor sales tents larger than 30 feet x 60 feet, and to consider ordinance. Mayor Sitton opened the public hearing at 11:57 a. in. Randy Henson appeared on behalf of the staff. No one appeared in opposition. Mayor Sitton closed the hearing at 11:59 a. in. The Planning Commission approved a proposed change for "outdoor promotional sales," or what were originally termed "sidewalk sales". Originally these sales required Zoning Board of Adjustment for every event. About six years ago, the Code was amended to allow businesses to request an administrative permit for promotional sales through the Environmental Enforcement Department for most events. The single remaining item that requires ZBA consideration is a request involving a tent greater than 30 feet by 60 feet. Experience during the last several years indicates that no issues have occurred during events with the larger tents that need a public hearing. The permit process includes review by the Building Inspection, Fire and Health Departments, as well as proof that parking will not be negatively affected on the site. The general feeling is that the burden of having the time and expense of the ZBA hearing is unwarranted. The staff proposed removing the ZBA process, making the entire permit an administrative action. The proposed ordinance contains wording now in the Code, reorganized to flow a little better and in the Administrative section rather than the ZBA section. One sentence is (the one line requiring ZBA approval of the larger than 30 x 60 foot tents). Current text in 29-28(f)(2)j.2: "If a tent is used it must be inspected and approved by the City of Lubbock Fire Marshal or Building Official and construction permits and inspections shall be obtained from the City of Lubbock Building Official. Tents larger than thirty (30) by sixty (60) feet require zoning board of adjustment approval." Proposed: "If a tent is used it must be inspected, approved (and permitted if required) by the City of Lubbock Fire Marshal, or his designee, and appropriate construction permits and inspections shall be obtained from the Building Inspection Department." The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke and seconded by Councilmember Morrison to pass on first reading Ordinance No.2001- 00027 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS (45.) Resolution No. 2001-R0088 electing to support the Kids Voting Texas/Lubbock County Program. RESOLUTION NO. R0088 WHEREAS, the City of Lubbock actively supports and encourages citizen participation in government; and WHEREAS, only 35 percent of the nation's eligible citizens participate in the democratic process; and Regular City Council Meeting March 22, 2001 Page 208 WHEREAS, confidence in democracy and the ability to govern ourselves begins in the voting booth; and WHEREAS, participation in the democratic process must be enhanced and the trend of apathy reduced; and WHEREAS, Kids Voting is a program created to enable children to actually accompany their parents to polling places and to cast simulated ballots on candidates and issues; and WHEREAS, the Kids Voting project is an innovative blend of private sector resources and business leadership, school and community partnerships and volunteerism, and is centered in the concept of family involvement; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of the City of Lubbock support the Kids Voting Texas/City of Lubbock Program for our community. Passed by the City Council this 22nd day of March, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ John M. Knight Assistant City Attorney Kids Voting is a program created to enable children to actually accompany their parents to polling places and to cast simulated ballots on candidates and issues. This project is an innovative blend of private sector resources and business leadership, school and community partnerships and volunteerism, and is centered in the concept of family involvement. This group is interested in participating with the City of Lubbock's Special Election on May 5, 2001. A voting area for kids to vote would be set up at several of the Early Voting locations and at each of the Election Day polling places. All of this is handled through the Kids Voting Program and does not interfere with the governmental entity's election. Staff recommended approval of this resolution. Motion was made by Councilmember McDougal seconded by Councilmember Patterson to pass Resolution No: _ 2001-R0088 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. W. Regular City Council Meeting March 22, 2001 Page 209 The next item considered was Top Ten List. (46.) Consider one appointment to the Civic Lubbock, Inc. Board of Directors. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Bill Lowell to the Civic Lubbock, Inc. Board of Directors. Motion carried: 6 Yeas, 0 Nays. (47.) Consider nine appointments to the Community Relations Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Lynne Duncan and reappoint James Bennett, Charles Johnson, Juan Mancias, Vecelia Mann, Martha Medina, McKinley Shepherd, Cara Speer, Gail Tutino to the Community Relations Commission. Motion carried: 6 Yeas, 0 Nays. (48.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Debby Hansard to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 6 Yeas, 0 Nays. (49.) Consider one appointment to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Mike Fowler to the Neighborhood Redevelopment Commission. Motion carried: 6 Yeas, 0 Nays. (50.) Consider one appointment to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Mike Johnson to the Zoning Board of Adjustment. Motion carried: 6 Yeas, 0 Nays. 12:14 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:30 P.M. COUNCIL RECONVENED 1:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson adjourned the meeting. WINDY SITTO ; MAY ATTEST: *Reb4ccaGarza, City Secretary 209 Regular City Council Meeting March 22, 2001 Page 210 Read and approved this le� day of 2001. WINDY SIT N, MAYOR ATTEST: R ecca Garza, City Secretary 210