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Home My WebLink AboutMinutes - City Council - Regular - 5/10/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 10, 2001 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of May, 2001, in the City Council Chambers, first floor, City Hall, 1625 131h Street, Lubbock, Texas 79401 at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13`h Street, Lubbock, Texas. Present: Pro Tem Alex "Ty" Cooke, Councilmember Frank Morrison, and Councilmember David Nelson. Absent: Mayor Sitton, Councilmember Hernandez, Councilmember McDougal and Councilmember Patterson. CITIZEN COMMENTS No one appeared to express comments to the Council EXECUTIVE SESSION Mayor Pro Tern Cooke stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Lubbock Power & Light; Police Department; Water Utilities); to discuss personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Airport; Police Department). 7:34 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's, The Canyon House All councilmembers were present, except Councilmember Hernandez. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Lubbock Power & Light; 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: Board of Electrical Examiners Citizens Traffic Commission Culture and Arts Commission Keep Lubbock Beautiful Advisory Committee Permit and License Appeal Board 303 Regular City Council Meeting May 10, 2001 Page 304 Public Transit Advisory Board Redistricting Advisory Committee (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Airport; Police Department). 9:12 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except for Councilmember Hernandez. (6.) Presentation on the amendments to the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan. Randy Truesdell, Parks and Recreation Manager (15 minutes) In April 1998, the City Council passed a resolution adopting the Parks, Recreation and Open Space Master Plan. The Master Plan divided the city into four planning zones with common boundaries at the intersection of 34' Street and Indiana Avenue. By identifying five main priorities to be achieved over a five-year period, the Master Plan provided a framework for planning and developing improvements to Lubbock's Park system. These five priorities were: 1. To acquire and develop parkland to provide facilities for citizens who reside outside of the existing neighborhood and community parks service areas. 2. To increase shaded benches and seating areas throughout parks. 3. To provide new and upgraded playgrounds throughout the City. 4. To introduce more trees and flowers throughout the parks for an increase in beautification. 5. To provide more hike/bike/walk trails within parks. In December 1999, the City of Lubbock contracted with Schrickel, Rollins, and Associates, Inc. to amend the 1998 Master Plan to include Lake Alan Henry as a fifth planning zone. In June 2000, a sixth planning zone was added to account for the 10.4 square miles that were annexed in January 1999. Over the past three years, the Parks and Recreation Department has aggressively pursued these priorities. A $14.765 million bond package for the park and recreation system includes funding for seven new parks and 330 covered seating areas as identified in the Master Plan. Furthermore, annual capital improvement funding has been dedicated to upgrade seven playgrounds and to add four new walking trails. In addition, the City's urban forestry program has yielded over 1,500 trees planted, four prestigious Tree City USA awards and one Texas Forest Service award. This progress, coupled with newly identified recreation opportunities, requires that the priorities for the original four planning zones be revisited. To that end, the Parks and Recreation Department, with the assistance of Schrickel, Rollins and Associates, Inc., conducted a public meeting on April 10, 2001 to solicit input regarding the original four planning zones. There were 145 citizens attending 304 Regular City Council Meeting May 10, 2001 Page 305 the meeting to voice their support of various amenities. Among the new priorities that have been identified are skateparks and nature centers/exhibits. After the meeting, the consultants assisted staff in reprioritizing the existing park needs with newly identified opportunities. For grant application purposes, each planning zone has three prioritized projects. Each project has five to eight prioritized amenities. The prioritized projects for each zone follow: Zone 1-Northeast: 1. Fiesta Plaza 1-2 Years -amphitheater, group pavilion, boat docks, multipurpose trail, multipurpose court, picnic stations and fishing pier. 2. North Rim Dunbar/Historical Lake 2-5 Years -playground, bird watching blind, horseshoes court, sand volleyball court, BMX trail, picnic shelter, and equestrian trail. 3. Mae Simmons Community Center (Future Bond Election) 6- 10 Years -gymnasium, computer lab, meeting room, game room, craft room, weight room, dance/aerobics studio. Zone 2-Southeast: 1. Brazos River Project 1-2 Years -nature center/exhibit, class room, computer lab, science lab, and craft room. 2. Clapp Park 3-5 Years -demonstration garden, playground, disk golf, sand volleyball court, multipurpose trail, group pavilion, and picnic station. 3. New Park (Future Bond Election) 6-10 Years4and acquisition, tennis courts, softball diamond, skate park, horseshoes court, baseball diamond, and t-ball diamond. Zone 3-Southwest: 1. McAlister Park 1-3 Years -baseball diamond, t-ball diamond, skate park, playground, disc golf, BMX trail, multipurpose trail, and group pavilion. 2. McAlister Park (Future Bond Election) 3-5 Years -gymnasium, computer lab, crafts room, meeting room, game room, weight room, and racquetball/ handball court 3. McAlister (Future Bond Election) 6-10 Years— softball diamond, soccer field, fishing pier, bird watching blind, aquatics facility, in -line hockey rink and picnic shelter. Zone 4-Northwest: Maxey Park 2-3 Years -playground, group pavilion, demonstration garden, multipurpose trail, multipurpose court, boat dock, picnic station, and picnic shelter. 2. New Park (Future Bond Election) 3-5 Years4and acquisition, baseball diamond, t-ball diamond, softball diamond, tennis courts, and soccer field. 305 Regular City Council Meeting May 10, 2001 Page 306 3. Maxey Park (Future Bond Election) 6-10 Years -gymnasium, computer lab, meeting room, game room, craft room, weight room, and sand volley ball court. The amendment to the Master Plan is detailed to the extent that it complies with the Texas Recreation and Parks Account Program Procedural Guide that will enhance the City's ability to compete for and acquire grant funds for park development. Texas Parks and Wildlife's grant program has two funding cycles per year where cities are eligible for up to $500,000 in matching funds per cycle. Once adopted, the amendments will be forwarded to Texas Parks and Wildlife so that staff can begin pursuing matching grants in an effort to maximize the available funds for park development. These amendments will support two grant applications that will be submitted in July 2001. One application will be submitted for the Brazos River Project and another will be submitted for Fiesta Plaza. The priorities for Lake Alan Henry and the annexation will be presented to the City Council in June 2001. Randy Truesdell, Parks and Recreation Manager, made a presentation to City Council on the amended Parks and Recreation Master Plan priorities. (7.) Presentation on energy conservation methods implemented in City facilities. Martha Ellerbrook, Director of Management Services (10 minutes) On April 30, 2001, Lubbock Power and Light kicked off a new advertising campaign highlighting several measures that the public can utilize to avoid excess electric usage and charges during the summer months. As a means of saving taxpayer dollars, and to provide economical use of resources, the City of Lubbock will implement several measures in city facilities to assist in energy conservation. As a result of the conservation, the City anticipates realizing some savings by means of cost avoidance. No action is needed by Council. (8.) Briefing on enforcement of outstanding parking tickets and incentives for deterrents. Randy McGuire, Assistant Chief of Police (15 minutes) The Police Department continues to receive complaints of illegal parking. Many of these complaints are generated from the residential areas bordering Texas Tech. From April 1, 2000 through April 1, 2001, the Police Department issued 39,133 overtime parking citations. As of April 1, 2001, 12,309 of these citations have not been paid. Unpaid citations for all parking violations total 35,362 with a fine value of $430,239. Assistant Chief Randy McGuire discussed possible methods to enhance the collection of these fines. No action is needed by Council. 9:55 A. M. WORK SESSION RECESSED 10:40 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 306 Regular City Council Meeting May 10, 2001 Page 307 Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Rebecca Garza, City Secretary and Don Vandiver. Absent: Councilmember Hernandez Mayor Sitton called the meeting to order at 10:40 A. M. ( 9.) Mr. Gerald Jackson, Preacher at Parkway Drive Church of Christ gave the invocation. (10). Pledge of Allegiance was given in unison by those in the City Council Chambers. CITIZENS APPEARANCES 11.) Presentation of a special Boys Basketball Team championship title. recognition to the Estacado High School in honor of their 2001 District 44A To honor the dedication and perseverance of our community youth, we will honor the High School basketball teams today who have won district championships. The schools will be present with their teams for a photo opportunity and we will show our support for their efforts. A special recognition was presented to Coach Tim Thomas and the Estacado High School Basketball Team for their District 4-4A Championship win. (12.) Presentation of a special recognition to the Coronado High School Boys Basketball Team in honor of their tie for the 2001 District 3-5A championship title. To honor the dedication and perseverance of our community youth, we will honor the High School basketball teams today who have won district championships. The schools will be present with their teams for a photo opportunity and we will show our support for their efforts. A special recognition was presented to Coach Bubba Jennings and the Coronado High School Basketball Team in honor of their tie for the District 3-5A Championship. (13.) Presentation of a special recognition to the Monterey High School Boys Basketball Team in honor of their tie for the 2001 District 3-5A championship title. To honor the dedication and perseverance of our community youth, we honor the High School basketball teams today who have won district championships. The schools are present with their teams for a photo opportunity and we showed our support for their efforts. A special recognition was presented to Coach Vic Self and the Monterey High School Basketball Team in honor of their tie for the District 3-5A Championship. 307 Regular City Council Meeting May 10, 2001 Page 308 (14.) Presentation of a special recognition to Mayor Windy Sitton and the City of Lubbock Health Education Team in honor of the recent United States Conference of Mayors Best Practices publication and article featuring Lubbock's breast cancer prevention and education efforts. The United States Conference of Mayors produces an official document each year entitled Best Practices Center, which focuses on the Mayors Campaign Against Breast Cancer. Cities participate and send in articles about their various programs and practices regarding the education and prevention of breast cancer. Lubbock is featured in a 3-page article in the publication. A special recognition was be presented to Mayor Windy Sitton, Mary Croyle and the City of Lubbock Health Education Team. (15.) Presentation of a special recognition to the City of Lubbock Health Department and the Surveillance Section for the honor of being awarded the 2001 Essential Services Award at the annual Nursing Leadership Conference held April 10-12, 2001 in Lubbock. The 2001 Essential Services Award honors an individual or an organization for a community based program that positively impacts a population in the process of carrying out the essential public health services. The public health project must have a demonstrated need and measurable outcome, as well as the potential to have an ongoing influence in the community. Tigi Ward, B.S.N., and the Surveillance Section at the Health Department were recognized for their creation of the Consortium for Health in the City, which is a collaborative group of health professionals around Lubbock County that meet quarterly at the Health Department to discuss current public health topics. This award is part of the Leadership 2001 Awards: Recognizing the Exceptional. The Texas Department of Health Bureau of Community Oriented Public Health, located in Austin, Texas coordinates these awards. Nominees or projects eligible for this award can come from any project within the US Health and Human Services Region VI that includes all of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. A special recognition was presented to the City of Lubbock Health Department and the Surveillance Section and accepted by Tigi Ward, who recognized the Health Department team. (16.) Presentation of a special recognition to Leonard and Marilyn Weiner for their continued volunteer efforts and support of the Lubbock Senior Center. Leonard and Marilyn Weiner have been steadfast volunteers at the Lubbock Senior Center for many years, teaching computer classes to seniors and keeping the computer lab running smoothly. Their time and effort are appreciated and the Parks Department would like to recognize this couple for their continued support. There are several new programs starting soon in the computer area and they have again graciously agreed to volunteer their time to oversee these programs. Randy Truesdell of the Parks Department presented a special recognition to Leonard and Marilyn Weiner to recognize their contributions to the Lubbock Senior Center. The Weiners accepted on behalf of the volunteers for the Lubbock Senior Center. Regular City Council Meeting May 10, 2001 Page 309 (17.) Presentation of the Bob Derrington Water Reclamation Award to the City of Lubbock Water Department. The City of Lubbock Water Utilities Department recently received the Bob Derrington Water Reclamation Award as presented by the Texas Section of the American Water Works Association. The annual award recognizes the municipality that has the best water conservation and effluent reuse program in the State of Texas. Lubbock received this award at the Association's annual meeting in Houston, and Bob Cass will formally present the plaque before City Council during their meeting. The City of Lubbock reuses all of their treated wastewater effluent, which amounts to approximately 19 million gallons daily. The treated effluent is reused either through industrial application through LP&L and SPS power generation, or through agricultural use at the City of Lubbock's Land Application Site. The City of Lubbock has been recycling treated wastewater for the better part of 75 years. These recycling practices conserve groundwater and minimize the use of potable water for non -human consumptive uses. Bob Cass formally presented the Bob Derrington Water Reclamation Award from the Texas Section of the American Water Works Association to the City of Lubbock Water Department for best conservation and effluent reuse program in the State of Texas in 2000. Accepting were Scott Connery and Connie Johnson, WasteWater Treatment Operations and John Hindman, Farm Manager. At this time, Councilmember Patterson introduced D'Andre Hastings, a fourth grade student at Wheatley. D'Andre has changed from a sad, downcast eyed child to an outgoing young man, which is indicative of what happens when someone takes an interest such as Councilmember Patterson has. (18.) Consider a request of Stephanie Compton to allow strip paving in a new subdivision being planned at 88"' and Valencia, and take appropriate action. During the Citizen Comment period of the March 22, 2001 City Council meeting, Stephanie Compton (business address 7333 Brownfield Highway, home address 8214 Belmont) appeared to request consideration of strip paving in this new subdivision being proposed. Since this was not an action item on the agenda, the Council took no specific action and did not direct staff to place the issue on a later agenda. Ms. Compton was told the Council did not seem to favor a change to the subdivision regulations allowing the strip paving. However, she has requested that she be placed on the agenda again for consideration. Her request will be considered as an action item on this agenda. Ms. Compton appeared to request 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. 309 Regular City Council Meeting May 10, 2001 Page 310 The staff does 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 we 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. Increased operational costs follow and burden the City budget. The staff does not support the request to strip pave streets within a new subdivision. 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. Mayor Sitton left the dais at this time and Mayor Pro Tern Cooke called for the motion. Motion was made by Councilmember Morrison, seconded by Councilmember McDougal to deny request to change ordinance. Motion carried: 5 Yeas, 0 Nays. CONSENT AGENDA (Items No. 19-53) Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to approve Items 19-28 and 31-53 on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (19.) Approval of Minutes: April 12, 2001 Regular City Council Meeting April 26, 2001 Regular City Council Meeting 310 Regular City Council Meeting May 10, 2001 Page 311 (20.) Ordinance No. 2001-00031-ZONE CASE NO. 1632-B (5202 50`h Street): Request of Rodney Warren (for South Plains Sonic Management Inc.) for a zoning change from C-3 to C-4 limited to a drive-in restaurant and all unconditionally permitted C-3 uses on a tract of land out of Lot C, Richland Hills Addition (second and final reading). ORDINANCE NO. 2001-00031 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1632-13; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON A TRACT OF LAND OUT OF LOT C, RICHLAND HILLS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance No. 2001-00032-ZONE CASE NO. 2834-A (northwest corner of 981h Street and Avenue U): Request of Hugo Reed and Associates, Inc. (for Craft Development Corporation) for a zoning change from R-1 Specific Use to R-2 Specific Use for reduced front setbacks on an unplatted 22.6 acre tract of land out of Section 9, Block E (second and final reading). ORDINANCE NO.2001-00032 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2834-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-2 SPECIFIC USE ZONING FOR REDUCED FRONT SETBACKS ON AN UNPLATTED 22.6 ACRE TRACT OF LAND OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22•) Ordinance No. 2001-00033-ZONE CASE NO. 1429-I (2310 70`h Street): Request of Burl W. Masters (for Benny Judah) for a zoning change from C-4 to A-1 on the north 220 feet of Tract H, South University Addition (second and final reading). ORDINANCE NO. 2001-00033 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1429-I; A ZONING CHANGE FROM C-4 TO A-1 ZONING ON THE NORTH 220 FEET OF TRACT H, SOUTH UNIVERSITY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (23•) Ordinance No. 2001-00034-ZONE CASE NO. 2911 (east of Slide Road and north of 110"' Street): Request of Bradley M. Pettiet (for Bacon Heights Baptist Church) for a zoning change from T to A-2 (limited to a church and church related uses) on an unplatted 32.714 acre tract of land out of the south half of Section 16, Block E-2 (second and final reading). ORDINANCE NO. 2001-00034 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2911; A ZONING CHANGE FROM 311 Regular City Council Meeting May 10, 2001 Page 312 T TO A-2 ZONING ON AN UNPLATTED 32.714 ACRE TRACT OF LAND OUT OF THE SOUTH HALF OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (24.) Ordinance No. 2001-00035-ZONE CASE NO. 2828-B (south of 105" Street and east of Vicksburg Avenue): Request of Bernie Gradel, Jr. with Hugo Reed and Associates, Inc. (for Lubbock Land Company) for a zoning change from R-1 Specific Use for a reduced front setback to R-1 Specific Use for Garden Homes on an unplatted 1.102 acre portion of land out of Section 16, Block E-2 (second and final reading). ORDINANCE NO.2001-00035 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828-B; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR A REDUCED FRONT SETBACK TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON AN UNPLATTED 1.102 ACRE PORTION OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (25.) Ordinance No. 2001-00036-ZONE CASE NO. 2716-A (04 Briercroft Office Park): Request of Jeff Burnett (for Faith Christian Family Church) for a zoning change from R-3 Specific Use for professional offices to C-2A limited to church and church related uses, and all unconditionally permitted Garden Office uses on Lot 24, Briercroft Office Park Addition (second and final reading). ORDINANCE NO.2001-00036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2716-A; A ZONING CHANGE FROM R-3 SPECIFIC USE FOR PROFESSIONAL OFFICES TO C-2A LIMITED TO A CHURCH AND CHURCH RELATED USES, AND ALL UNCONDITIONALLY PERMITTED GO USES ZONING ON LOT 24, BRIERCROFT OFFICE PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (26.) Ordinance No. 2001-00037 abandoning and closing a 10-foot by 16- foot underground utility easement and the east 30 feet of a garbage collection easement located in Lot 302-T and a 15-foot by 16-foot transformer pad easement located in the southwest corner of Lot 303-T in the Midway Park Addition to the City of Lubbock (5020 27" Street) (first reading). ORDINANCE NO.2001-00037 AN ORDINANCE ABANDONING AND CLOSING A TEN BY 16 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 302-T, A FIFTEEN BY SIXTEEN FOOT TRANSFORMER PAD EASEMENT LOCATED IN LOT 303- T, AND THE EAST 30 FEET OF GARBAGE COLLECTION EASEMENT LOCATION IN LOT 302-T. ALL LOTS LOCATED IN THE MIDWAY PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 312 Regular City Council Meeting May 10, 2001 Page 313 These easements are located in the Midway Park Addition, east of Slide Road and 27`' Street. These easements were dedicated by plat and new easements will replace these easements being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (27.) Ordinance No. 2001-00038 amending Section 16-175.2 of the Code of Ordinances of the City of Lubbock, Texas with regard to the establishment of school zones (first reading). ORDINANCE NO. 2001-00038 AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. Last fall LISD presented a request to the Citizens Traffic Commission to add school zones at Coronado High School, Lubbock High School, Monterey High School and O.L. Slaton Junior High School. As a result of that request and requests from Council members, Traffic Engineering staff studied the conditions around all -public high schools and junior high schools in Lubbock, and the changes in various schools approved by LISD's reorganization. As a result of these studies, an additional school zone was recommended by Alderson School on Parkway Drive, the school zone on North University Avenue along Cavazos Junior High School was recommended to be expanded, and several school zones were recommended to be removed due to school closures. These recommendations were presented to the Citizens Traffic Commission, and they adopted a recommendation to the City Council that the following changes be approved: SCHOOL ZONES ADDED: 19' Street --On both sides of 19`'' Street beginning at a point 200 feet east of Avenue T and extending to a point 200 feet west of Avenue U. Reduced speed limit 20 mph (Lubbock High). 50`'' Street —On both sides of the street beginning at a point 200 feet east of Gary Avenue and extending 200 feet west of Gary Avenue. Reduced speed limit 20 mph (Monterey High). 34" Street —On both sides of the street beginning at a point 200 feet east of Vicksburg Avenue and extending to 200 feet east of Toledo Avenue. Reduced speed limit 20 mph (Coronado High). Avenue Q —On both sides of the street beginning at a point 200 feet north of 32" Street to a point 200 feet south of 32" Street. Reduced speed limit 30mph (O.L. Slaton Jr. High). SCHOOL ZONES EXPANDED: North University Avenue —On both sides of North University Avenue beginning at a point 200 feet south of Auburn Street and extending to a point 156 feet north of Baylor Street. Reduced speed limit 20 mph (Cavazos Jr. High). 313 Regular City Council Meeting May 10, 2001 Page 314 SCHOOL ZONES TO BE REMOVED: Dr. Martin Luther King Jr. Boulevard —On both sides of MLK beginning at a point 179 feet north of 14`' Street and extending to a point 217 feet south of 14`h Street (Posey Elementary). Indiana Avenue —On both sides of Indiana Avenue beginning at a point 140 feet south of Erskine Street and extending to a point 230 feet north of Erskine Street (Wolfforth Elementary —no longer used). Utica Avenue -0n both sides of Utica Avenue beginning at a point 145 feet south of 34' Street and extending to a point 92 feet north of 37`h Street (Stubbs Elementary). Dr. Martin Luther King Jr. Boulevard — On both sides of MLK beginning at a point 209 feet south of East Cornell Street and extending to a point 162 feet north of East Cornell Street (Hunt Elementary). The Traffic Engineering Department, Legal Department and the Citizens Traffic Commission recommended approval of the first reading of this ordinance. (28.) Ordinance No. 2001-00039 amending Section 16-175.1 of the Code of Ordinances of the City of Lubbock so as to alter the prima facie speed limits upon certain streets (state highways) within the City of Lubbock: 34`h Street, 19' Street, East 50`h Street, South Avenue Q Drive, Slaton Highway, Southeast Drive, Idalou Highway, and Clovis Highway (first reading). ORDINANCE NO. 2001-00039 AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, T D S, WITH REGARD TOTHE E; ESTABLISHMENT OF SPEED LIMITS, PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. Section 175.1 Based on Traffic Engineering studies by TxDOT and at TxDOT's request, the Traff1Department ow ended that the speed limit be changed on various statehighwaysas foll 34`h Street From Cedar Ave to 1.0mi east of Cedar Ave Southeast Drive From MLK to 50`h Street E. 50`h Street From 50`h Street at Southeast Drive to SL289 E. 50`h Street From SL289 to City Limits 19`h Street From City Limits east to Yuma Ave 19`h Street From Yuma Ave to Juneau Ave 19`h Street From Juneau Ave to W.Loop289 19`h Street from Loop289 to US 62/82. (Brownfield Hwy) From 40/50mph to From 40/50mph to 55mph From 45/55mph to 55mph From 50/55mph to 60mph From 55mph to 60mph From 50mph to 55mph From 45mph to 50mph From 40/45mph to 314 Regular City Council Meeting May 10, 2001 Page 315 From 50`' Street to 54`' From 40/45mph to South Ave Q Street 40mph Drive South Ave Q From 54`' Street to 58`' 45mph Drive Street South Ave Q From 58`' Street to 0.257 From 45mph to 50mph Drive miles SE South Ave Q From 0.257 miles SE of From 45mph to 55mph Drive 58 St. to I-27 Slaton Hwy 1-27 to 0.32 miles SE of From 50mph to 55mph Loop 289 Slaton Hwy From 0.32 mi. SE of Loop From 50mph to 60mph 289 SE 1.22 mi. Slaton Hwy from 1.54 mi. SE of Loop From 55mph to 65 289 to SE City Limits(by mph Texas Transportation Commission resolution due to over 60mph) Idalou Hwy Loop289 to 0.5mi NE of From 55mph to 60mph Loop 289 Idalou Hwy 0.5mi NE of Loop 289 to From 55mph to 65mph City Limits NE (by Texas Trans-portation Commission resolution due to over 60mph) Clovis Hwy Loop289 to City Limits From 55mph to 60mph NW These changes are based on 85`' percentile speed surveys with downward adjustments due to collision history and number of driveways in accordance with TxDOT standards. The Traffic Engineering Department and the Citizens Traffic Commission recommended approval of the first reading of this ordinance. The next item considered was Item No. 31. (29.) Resolution No. 2001-RO192 authorizing the Mayor to execute an agreement with the Canadian River Municipal Water Authority for the Marsha Sharp Freeway (aka East-West Freeway) Railroad Relocation Project (west of FM 179, south of Ursuline Avenue). RESOLUTION NO. 2001-RO192 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 entitled "Agreement Between Canadian River Municipal Water Authority and the City of Lubbock Relating to Common Rights -of -Way" with the Canadian River Municipal Authority granting the City permission for the Marsha Sharp East-West Freeway railroad relocation project to construct an at -grade railroad bridge over the right-of-way of the Canadian River Aquaduct. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 315 Regular City Council Meeting May 10, 2001 Page 316 Passed by the City Council this loth day of May 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, Office Practice A copy of the Agreement is filed with Resolution No. 2001-R0192. Approximately 3,000 feet west of FM 179, on the south side of Ursuline Avenue, the new railroad is crossing over a Canadian River Municipal Water Authority water line. This agreement gives us permission to cross over their line with the new railroad. The Right -of -Way Department recommended the approval of this resolution. Bob Cass, City Manager, explained the proposed document has been revised beyond what was in the agenda packets. Don Vandiver, City Attorney stated that additions/changes were made to paragraphs 2 and 8b. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to accept the revised Agreement. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 54. (30.) This item was deleted. (31.) Resolution No. 2001-RO167 naming the swimming pool at Rodgers Park. RESOLUTION NO. 2001-RO167 WHEREAS, a Park Naming Committee, a sub -committee of the Parks and Recreation Board, was formed in October, 2000 consisting of Suzanne King, Jerry Ramirez and Steve Locke; and WHEREAS, Section 2-259 of the Code of Ordinances of the City of Lubbock requires the Parks and Recreation Board to submit recommendations to the City Council with regard to the naming of park facilities; and WHEREAS, Park Board approval of Park Naming Committee recommendation for the swimming pool located at Rodgers Park, 3200 Bates was granted March 27, 2001; and 316 Regular City Council Meeting May 10, 2001 Page 317 WHEREAS, the City Council of the City of Lubbock desires to name the swimming pool as recommended by the Park Board in honor of Petra Montelongo for her contributions to the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the swimming pool at Rodgers Park, 3200 Bates, is hereby named "Petra Montelongo Swimming Pool" in recognition of Petra Montelongo's significant contributions to the City of Lubbock. Resolved by the City Council of the City of Lubbock this loth day of May, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /S/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Section 2-259 of the Code of Ordinances of the City of Lubbock requires _ the Park and Recreation Board to submit recommendation(s) to the City Council with regard to naming of park facilities. A Park Naming Committee, a subcommittee of the Park and Recreation Board, was formed in October 2000. The sub -committee consists of Suzanne King, Chair; Jerry Ramirez; and Steve Locke. The Parks Naming Committee followed the set criteria for the candidate: 1. The person can be deceased or living. 2. The person will have made a significant contribution to the community (land, time, money, programs, etc.). 3. The name should have regional or cultural significance. 4. The name should be important to community. 5. The park could be named after the subdivision in which it is located and a lake could be named after an adjacent park. Park Board approval of the Park Naming Committee recommendation occurred on March 27, 2001. Following is the recommended name of the facility as indicated below: Facility Name Swimming Pool at Rodgers Park Petra Montelongo Swimming Pool Staff recommended Council approve naming the swimming pool at Rodgers Park. 317 Regular City Council Meeting May 10, 2001 Page 318 (32.) Resolution No. 2001-RO168 authorizing the Mayor to direct and execute an amendment to the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan. RESOLUTION NO. 2001-RO168 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the 1998 Lubbock Comprehension Park, Recreation and Open Space Master Plan. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this loth day of May, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks & Recreation Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2001-R0168. In April 1998, the City Council passed a resolution adopting the Parks, Recreation and Open Space Master Plan. The Master Plan divided the city into four planning zones with common boundaries at the intersection of 34' Street and Indiana Avenue. By identifying five main priorities to be achieved over a five-year period, the Master Plan provided a framework for planning and developing improvements to Lubbock's Park system. In December 1999, the City of Lubbock contracted with Schrickel, Rollins, and Associates, Inc. to amend the 1998 Master Plan to include Lake Alan Henry as a fifth planning zone. In June 2000, a sixth planning zone was added to account for the 10.4 square miles that were annexed in January 1999. Over the past three years, the Parks and Recreation Department has aggressively pursued these priorities. A $14.765 million bond package for the park and recreation system includes funding for seven new parks and 330 covered seating areas as identified in the Master Plan. Furthermore, annual capital improvement funding has been dedicated to upgrade seven playgrounds and to add four new walking trails. In addition, the City's urban forestry program has yielded over 1,500 trees planted, four prestigious Tree City USA awards and one Texas Forest Service award. This progress, coupled with newly identified recreation opportunities, requires that the priorities for the original four planning zones be revisited. 318 Regular City Council Meeting May 10, 2001 Page 319 To that end, the Parks and Recreation Department, with the assistance of Schrickel, Rollins and Associates, Inc., conducted a public meeting on April 10, 2001 to solicit input regarding the original four planning zones. There were 145 citizens who attended the meeting to voice their support of various amenities. Among the new priorities that have been identified are skate parks and nature centers/exhibits. After the meeting, the consultants assisted staff in reprioritizing the existing park needs with newly identified opportunities. For grant application purposes, each planning zone has three prioritized projects. Each project has five to eight prioritized amenities. The prioritized projects for each zone follow: Zone 1-Northeast: 1. Fiesta Plaza 1-2 Years -amphitheater, group pavilion, boat docks, multipurpose trail, multipurpose court, picnic stations and fishing pier. 2. North Rim Dunbar/Historical Lake 2-5 Years -playground, bird watching blind, horseshoes court, sand volleyball court, BMX trail, picnic shelter, and equestrian trail. 3. Mae Simmons Community Center (Future Bond Election) 6- 10 Years -gymnasium, computer lab, meeting room, game room, craft room, weight room, dance/aerobics studio. Zone 2-Southeast: 1. Brazos River Project 1-2 Years -nature center/exhibit, class room, computer lab, science lab, and craft room. 2. Clapp Park 3-5 Years -demonstration garden, playground, disk golf, sand volleyball court, multipurpose trail, group pavilion, and picnic station. 3. New Park (Future Bond Election) 6-10 Years4and acquisition, tennis courts, softball diamond, skate park, horseshoes court, baseball diamond, and t-ball diamond. Zone 3-Southwest: 1. McAlister Park 1-3 Years -baseball diamond, t-ball diamond, skate park, playground, disc golf, BMX trail, multipurpose trail, and group pavilion. 2. McAlister Park (Future Bond Election) 3-5 Years -gymnasium, computer lab, crafts room, meeting room, game room, weight room, and racquetball/ handball court 3. McAlister (Future Bond Election) 6-10 Years— softball diamond, soccer field, fishing pier, bird watching blind, aquatics facility, in -line hockey rink and picnic shelter. Zone 4-Northwest: 1. Maxey Park 2-3 Years -playground, group pavilion, demonstration garden, multipurpose trail, multipurpose court, boat dock, picnic station, and picnic shelter. 319 Regular City Council Meeting May 10, 2001 Page 320 2. New Park (Future Bond Election) 3-5 Years4and acquisition, baseball diamond, t-ball diamond, softball diamond, tennis courts, and soccer field. 3. Maxey Park (Future Bond Election) 6-10 Years -gymnasium, computer lab, meeting room, game room, craft room, weight room, and sand volley ball court. The amendment to the Master Plan is detailed to the extent that it complies with the Texas Recreation and Parks Account Program Procedural Guide that will enhance the City's ability to compete for and acquire grant funds for park development. Texas Parks and Wildlife's grant program has two funding cycles per year where cities are eligible for up to $500,000 in matching funds per cycle. Once adopted, the amendments will be forwarded to Texas Parks and Wildlife so that staff can begin pursuing matching grants in an effort to maximize the available funds for park development. These amendments will support two grant applications that will be submitted in July 2001. One application will be submitted for the Brazos River Project and another will be submitted for Fiesta Plaza. The priorities for Lake Alan Henry and the annexation will be presented to the City Council in June 2001. Staff recommended that the Mayor be authorized to direct and execute an amendment to the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan (33.) Resolution No. 2001-RO169 authorizing the Mayor to execute a contract amendment with Fore Star Golf to extend the management agreement with Fore Star Golf by ten years. RESOLUTION NO. 2001-RO169 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment between the City of Lubbock and Fore Star Golf of Lubbock, Texas, and any other related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this loth day of May 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks & Recreation Manager APPROVED AS TO FORM: /s/ Linda L. Chamales for John Knight John M. Knight, Assistant City Attorney 320 Regular City Council Meeting May 10, 2001 Page 321 A copy of the Amendment is filed with Resolution No. 2001-R0168. In October 1994, the City Council passed Resolution #4634 entering into a management agreement with Fore Star Golf, Inc. for the operations of Meadowbrook Golf Course. Since that time, Fore Star Golf, Inc. has improved the greens and installed a water filtration system to improve the nutrient level of the irrigation water. Fore Star Golf, Inc. has proposed a second phase of improvements at Meadowbrook Golf Course valued at approximately $500,000. To fund these improvements, Fore Star Golf, Inc. has requested a contract extension of ten years in order to secure favorable financing. In return for the contract extension, Fore Star Golf, Inc. agrees to make capital improvements within eighteen months to the Meadowbrook Golf Complex as well as to Prairie Dog Town. The improvements include: • Acquisition and installation of a new pump -station and automation of the golf course irrigation system. This will provide for maximum efficiencies while reducing over -watering and water waste. • Acquisition and installation of trees. • Installation of irrigation to the interior and exterior of the Prairie Dog Town compound to establish native grasses. The irrigation will be automated along with the golf course system. • Replacement of existing cinder block wall with stone wall. Provide one inch of topsoil (850 cubic yards) inside Prairie Dog Town to help establish grasses. Provision of topsoil or fill as necessary at exterior to Prairie Dog Town. Plant the interior and exterior of the compound with vegetation. • Construction of sidewalk, a pavilion and 2 small shade structures with seating and a 12,000 square foot parking area. The City of Lubbock agrees to improve the signage to Prairie Dog Town, including interpretive signs, and Meadowbrook Golf Complex at the entryway of Mackenzie Ball Field Complex area. The City will also coordinate the demolition of the wall and road as well as remove and rebuild the chain link fence as necessary by the parking lot. Lastly, the City of Lubbock will assist with transportation of topsoil from the golf course to Prairie Dog Town. The City of Lubbock will dedicate 100 % of their revenue dollars from Fore Star Golf to the capital improvement of the facilities for a minimum of five years. The above improvements made by Fore Star Golf will be accepted as part of those improvements. The City of Lubbock will include the above -mentioned improvements as capital improvements to the facilities per the current contractual agreement between the City and Fore Star Golf. — The contract extension will result in improved water management techniques for the golf course as well as renovations to one of Lubbock's highly visible visitor attractions. Staff recommended that the Mayor be authorized to execute a contract amendment with Fore Star Golf to extend the management agreement with Fore Star Golf by ten years. 321 Regular City Council Meeting May 10, 2001 Page 322 (34.) Resolution No. 2001-RO170 authorizing the Mayor to execute a contract for instructional swimming and aquatics safety, by and between the City of Lubbock and the South Plains Regional Chapter of the American Red Cross. RESOLUTION NO. 2001-RO170 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and South Plains Regional Chapter of the American Red Cross, a contract for instructional courses that teach individuals swimming and water safety, 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 loth day of May, 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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0170. The City of Lubbock has four City operated swimming pools, which will operate from May 2001 through August 2001. The City of Lubbock and the South Plains Chapter of the American Red Cross have worked together to provide the Learn to Swim Program for the past seven seasons. The Red Cross will conduct the Learn to Swim program at designated City pools for individuals who desire to enroll in such programs. The term of this agreement is for one year beginning June 1, 2001 and ending May 30, 2002. The Red Cross will register all participants in its Learn to Swim programs. The City agrees to maintain the facilities utilized by the Red Cross for the Learn to Swim Programs in order to safeguard the health, safety and welfare of the program participants. With this in mind, the City will assist the Red Cross by providing lifeguards for the Learn to Swim Programs. Either party may terminate this agreement without cause upon thirty days written notice to the other party. It is imperative that all patrons know how to swim and learn good water safety practices and procedures. The American Red Cross will supply equipment and water safety instructors 322 Regular City Council Meeting May 10, 2001 Page 323 for the Learn to Swim Programs. The Learn to Swim Program schedule will be approved by the assistant athletics and aquatics supervisor prior to the program's implementation. Staff recommended the approval of this contract between the City of Lubbock and the South Plains Chapter of the American Red Cross. (35.) Resolution No. 2001-R 0171 authorizing and directing the City Manager to allocate $25,000 from the Hotel Occupancy Tax Tourism Reserve Fund to assist in the promotion of a professional Arena Football League event in the Municipal Coliseum on June 16, 2001. RESOLUTION NO. 2001-RO171 WHEREAS, Section 351.101(a)(3) of the Tax Code provides that hotel occupancy tax may be used for advertising and conducting solicitations and promotional programs to attract tourists to a municipality; and WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Council to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds; and WHEREAS, the City Council finds that it would be in the public interest and promote tourism to authorize the expenditure of $25,000 from the Hotel Occupancy Tax reserve fund to assist in the promotion of a professional arena football league event in the Lubbock Municipal Coliseum on June 16, 2001; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the City Manager to allocate $25,000 from the Hotel Occupancy Tax reserve fund established by Sec. 26-22(b)(2) of the Code of Ordinances of the City of Lubbock to assist in the promotion of a professional arena football league event in the Lubbock Municipal Coliseum on June 16, 2001. Passed by the City Council this loth day of May, 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 323 Regular City Council Meeting May 10, 2001 Page 324 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney There is currently $175,977 that is unallocated in the Hotel Occupancy Tax Tourism Reserve Fund. The Tourism Reserve Fund was established to fund special projects or unanticipated events that can only be allotted with City Council approval. On June 16, 2001, the Lubbock Cotton Kings will be bringing Arena Football to Lubbock for a regular season game between the Houston Thunderbears and the Oklahoma Wranglers. This will be the first time Arena Football has been presented in Lubbock and/or the West Texas area. Over the last year, the Arena2 Football League has been very interested in establishing a team in Lubbock. The Cotton Kings are very interested in pursuing an Arena Football team for Lubbock and this event will "test the market" and gauge the public's response. If the public response is positive and the Cotton Kings move forward to secure a team for Lubbock, this would provide additional events for the Coliseum during the summer months. There is also a strong possibility that the game on June 16`' will be televised, which would provide great exposure and publicity for Lubbock. Partnerships are an important ingredient in ensuring the success of the event. Staff is recommending that $25,000 be allocated from the Hotel Occupancy Tax Tourism Reserve Fund to assist in promoting this event. It will be important to market this event on a regional level to ensure maximum attendance. The Lubbock Cotton Kings are hosting an Arena Football League game in the Coliseum on June 16, 2001 to test the market for this type of event. To ensure its success and possibly move forward to securing an Arena2 Football League team for Lubbock in the future, staff is recommending that $25,000 be allocated from the Hotel Occupancy Tax Tourism Reserve Fund to assist in the promotion of this event. (36.) Resolution No. 2001-RO172 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. RESOLUTION NO. 2001-RO172 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 324 Regular City Council Meeting May 10, 2001 Page 325 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 date 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 May 10, 2001. CITY OF LUBBOCK, TEXAS /s/ WINDY SITTON Mayor ATTEST: /s/ Rebecca Garza City Secretary (City Seal) A copy of Exhibits "A" and "B" is filed with Resolution No. 2001-R0172. The proceeds from the sale of this bond issuance will be used for drainage improvements, including the acquisition, construction and 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 reduce the flood risks that have occurred in the south central portions of the city in the recent past, as well as engineering for the South Central StormWater Drainage System. As this action is the first necessary step to proceed with this bond issuance, staff recommended passage of these resolutions. Pricing date is set for June 12, 2001. 325 Regular City Council Meeting May 10, 2001 Page 326 (37.) Resolution No. 2001-RO173 authorizing and directing the Mayor to execute an account agreement between the City of Lubbock and Morgan Stanley Dean Witter, for deposit of a mutual fund donated by Jane Burns for the Buddy Holly Center. RESOLUTION NO. 2001-RO173 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Account Agreement, by and between the City of Lubbock and Morgan Stanley Dean Witter, for the deposit of a mutual fund donated by Jane Burns for the Buddy Holly Center, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this loth day of May, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garaza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy - Betsy Bucy Interim Managing Director of Finance APPROVED AS TO FORM: /s/ Amy L. Sims Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0173. Ms. Burns wishes to donate her mutual fund account to the Buddy Holly Center. This account is deposited with the brokerage firm of Morgan Stanley Dean Witter (MSDW). In order to accept these funds, it is necessary that the City open an account with MSDW so the funds may be transferred from Ms. Burns' account to the City's account. A mutual fund is authorized by the Public Funds Investment Act only if this type of investment is donated for a particular purpose or under terms of use specified by the donor. As this action is necessary to accept funds donated by Ms. Burns, staff recommended passage of this resolution. (38,) Consider the Lubbock Police Department's Special Operations Forfeited Fund Budget according to the Texas Code of Criminal Procedure Article 59.06, Section d and take appropriate action. Prior to the expenditure of forfeited funds, the Texas Code of Criminal Procedure requires a law enforcement agency to submit a budget for these funds to the governing body of that agency. 326 Regular City Council Meeting May 10, 2001 Page 327 The budget for the funds forfeited to the Lubbock Police Department and the South Plains Regional Narcotics Task Force is outlined in the attached document. The Lubbock Police Department recommended the approval of this budget. (39.) Resolution No. 2001-RO174 authorizing the Mayor to execute a contract for services with Commonwealth Consulting Corporation for federal legislative consulting. RESOLUTION NO. 2001-RO174 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, attached herewith, by and between the City of Lubbock and Commonwealth Consulting Corporation for federal legislative consulting services for the City of Lubbock, and any associated documents, which Agreement 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 l0th.day of May, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Becky Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2001-R0174. This is a renewal of the contract currently in effect between the City of Lubbock and Commonwealth Consulting Corporation. This firm provides federal legislative consulting services for the City of Lubbock. Commonwealth Consulting Corporation has been contracted by the City of Lubbock since January 23, 1997. The term of the contract under consideration begins May 10, 2001 and ends May 9, 2002. The Director of Communications and Legislation recommended the execution of this agreement. 327 Regular City Council Meeting May 10, 2001 Page 328 (40.) Resolution No. 2001-RO175 authorizing the Mayor to execute an agreement between Parkhill, Smith and Cooper and the City of Lubbock for preliminary and final engineering design services, construction phase services and related testing for the extension of the West Port access road, to improve the terminal building (canopy and roadway, Phases I & II), and the West Port apron and taxiway expansion projects at the airport. RESOLUTION NO. 2001-RO175 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment No. 3 to Agreement for Professional Services, dated May 23, 1997, by and between the City of Lubbock and Parkhill, Smith, & Cooper, Inc., to provide engineering design services, construction phase services and related testing for the Extension of the WestPort Access Road, Improved Terminal Building, and the WestPort Apron and Taxiway Expansion, 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 loth day of May, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Director of Aviation 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-R0175. In April of 1997, the City Council approved a master engineering agreement with Parkhill Smith and Cooper (PSC) to provide design services on four projects at Lubbock International Airport. Under the terms of the agreement, the City notifies PSC when it is ready to proceed with one of the projects identified in the agreement. Staff then negotiates design fees, and places the fee structure before the City Council for approval in the form of an amendment to the master agreement. This agenda item involves an amendment that will authorize design work for three projects that were awarded to PSC under the 1997 agreement. Extension of the West Port Access Road This project involves the extension of an access road located on the west side of the airport. The road currently starts at Regis Road and extends northward to the Executive T-hangars. The new construction will extend 328 Regular City Council Meeting May 10, 2001 Page 329 the road further north from the Executive T-hangars to the cargo apron. The road will greatly improve access to the FedEx and Airborne facilities, and will serve several of the west -side industrial sites identified in the Interport Trade Center Master Plan. The total estimated cost of this project is $1,334,740. The negotiated fee for preliminary and final design services is a not -to -exceed amount of $88,700, or 6.6 % of the total project budget. The negotiated fee for construction phase services, including resident project representation (RPR), is a not -to -exceed amount of $85,000, or 6.4% of the total budget. The maximum fee for surveying and testing services is $25,000. The fees fall within the guidelines developed by the Texas Society of Professional Engineers for large construction projects. All funding for this project will come from the FAA's Passenger Facility Charge Program. Improve Terminal Building Canopy and Roadway Phases I & II) This project will improve passenger access to the terminal building during peak traffic periods. Preliminary plans for this project called for two phases, which ultimately would have created a divided roadway and canopy system in front of the terminal to relieve congestion. Further planning, however, revealed that the congestion could be relieved just as effectively in a single phased project by removing taxi and limousine parking from the front of the terminal building and relocating it to a remote location on terminal drive. The revised project involves construction of a new taxi and limo holding area approximately one- fourth mile south of the terminal building. It includes a communications system that will allow passengers to contact the taxi or limo company of their choice via a dedicated phone line from inside the terminal building. The company will then dispatch a vehicle from the holding area to pick up the passenger at the curb. The total estimated cost of this project is $403,340. The negotiated fee for preliminary and final design services is a not -to -exceed amount of $54,750, or 13.6 % of the total project budget. The negotiated fee for construction phase services, including RPR services, is a not -to -exceed amount of $28,800, or 7% of the total budget. The maximum fee for surveying and testing services is $8,350. Overall, the fees are slightly higher than most airport engineering projects due to the need for architectural and electrical design services in addition to civil engineering services. A review of the fees indicates that they fall within the guidelines developed by the Texas Society of Professional Engineers. Funding for this project will come from the FAA's Airport Improvement Program (90%) and the FAA's Passenger Facility Charge Program (10%). West Port Cargo Apron and Taxiway Expansion This project involves a 282,600 square foot expansion of the airport's cargo apron. The proposed addition will accommodate the planned growth of LIA's two primary air cargo tenants (FedEx and Airborne), and will provide room for future expansion of cargo services by other companies. The project will include a taxiway that will connect the new section of the cargo apron to the airport's primary runway. The total estimated cost of this project is $6,312,549. The negotiated fee for preliminary and final design services is a not -to -exceed amount of 329 Regular City Council Meeting May 10, 2001 Page 330 $324,200, or 5.1 % of the total project budget. The negotiated fee for construction phase services, including RPR, is a not -to -exceed amount of $435,950, or 6.9% of the total budget. The maximum fee for surveying and testing services is $110,000. The fees fall within the guidelines developed by the Texas Society of Professional Engineers for large construction projects. Funding for this project will come from the FAA's Airport Improvement Program (90%) and the FAA's Passenger Facility Charge Program (10%). All three projects are have been reviewed and approved by the Federal Aviation Administration and are included in the Lubbock International Airport Master Plan. The Airport Board has reviewed the projects and recommended approval. Staff also recommended approval. (41.) Resolution No. 2001-RO176 authorizing the Mayor to execute an interlocal cooperative agreement, by and between the City of Lubbock and the Texas A&M University System ("TMAU"), regarding the provision of groundwater by the City of Lubbock to TAMU in exchange for the grant of a right-of-way easement for railroad purposes over and across TAMU property. As consideration for a right-of-way easement across the TAMU Agricultural Experiment Station (AES), the City has negotiated an Interlocal Cooperative Agreement with TAMU to provide irrigation water to the AES. The right-of-way agreement is addressed in a separate item on this agenda. The agreement requires the City of Lubbock to deliver up to 167 acre-feet of untreated irrigation water annually to a designated point on AES property. The City must be able to deliver the water at a peak rate of 1000 gallons per minute. The City intends to take water from existing wells located on the northern part of the airport property and deliver it via electric pumps and irrigation pipeline. The cost of the pumps and pipeline is estimated to be approximately $50,000, and will be funded out of the EDA rail spur grant. Lubbock International Airport will maintain the delivery equipment, and will bear the cost of the electricity for the pumps. Under the agreement, the City is required to make every reasonable effort to deliver water at the specified level and rate. However, in the event that an unforeseen event such as an extended drought prevents the City from meeting its commitment, the City will pay a pre -determined amount in cash as compensation to TAMU. The cash payment will be $50 per acre-foot of water not delivered to TAMU each year as required by the agreement. The payment will be calculated at the end of each year. The Airport Board has reviewed the agreement and recommended approval. Staff also recommended approval. Note: This resolution was voided due to lack of agreement being consummated. 330 Regular City Council Meeting May 10, 2001 Page 331 (42.) Resolution No. 2001-RO177 authorizing the Mayor to execute a right-of-way easement from the Texas A&M University System ("TAMU"), granting a right-of-way to the City of Lubbock over and across the property of TAMU, as described therein, for railroad purposes; the consideration of the right-of-way is the provision of water by the City of Lubbock, as provided in the interlocal cooperative agreement, set forth in Item 41, above. In 1997, the Economic Development Administration issued a grant to the City of Lubbock to build a rail spur to serve the industrial park at Lubbock International Airport. Since that time, the City has been negotiating with landowners adjacent to the airport to secure access rights across their property for the rail spur. One of the landowners is the Texas A&M University System which operates an Agricultural Experiment Station (AES) on approximately 300 acres of land immediately north of the airport property. When contacted, TAMU expressed a desire to grant access rights across their property through an easement rather than an outright conveyance to the City. TAMU also indicated that they weren't interested in cash as consideration for the easement, but would be willing to grant such rights in exchange for the delivery of irrigation water to the AES. City staff evaluated the cost of providing water to the AES and determined that it was reasonable in relation to the benefit that City would receive through development of the rail spur. Accordingly, staff negotiated an agreement with TAMU to exchange irrigation water for easement rights across the AES. The right-of-way easement is 100' wide by 2642.15' long. The agreement is conditioned on the use of the easement as a rail spur, and the City's performance under a separate agreement regarding water delivery to the AES. The agreement has a ten-year term, and runs concurrently with the water delivery agreement. The Airport Board has reviewed the agreement and recommended approval. Staff has coordinated the terms of the agreement with the Economic Development Administration and anticipates that agency's final approval once the agreement is finalized. Staff recommended approval. Note: This resolution was voided due to lack of agreement being consummated. (43.) Resolution No. 2001-RO178 authorizing the Mayor to execute a lease agreement with the Lubbock Symphony Orchestra to provide office space for the Lubbock Symphony Orchestra in the annex of the Lubbock Business Center. RESOLUTION NO. 2001-RO178 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and Lubbock Symphony Orchestra, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 331 Regular City Council Meeting May 10, 2001 Page 332 Passed by the City Council this loth day of May, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul E. Thompson Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Agreement is filed with Resolution N. 2001-R0178. The Lubbock Business Center has 3,011 square feet of space available in the Annex building that Lubbock Symphony Orchestra has agreed to lease for administrative offices. The agreement provides for a five-year lease and an optional five year extension of the lease at the end of the first term with rental rates to be renegotiated at that time. The lease also provides for a 3 % escalation of rates each year beginning with the second calendar year of occupancy. The value of the lease is $18,000 per year ($5.98/square foot) which will be paid via twelve monthly payments. In addition to the cash payments, Lubbock Symphony Orchestra will provide payments in kind totaling $6,010 as shown on Exhibit B of the agreement. The in -kind payments raise the total value of the lease to $7.97/square foot, which is slightly above the normal rate for space of this quality. The staff recommended that the Mayor and City Council approve this lease agreement between the City of Lubbock and Lubbock Symphony Orchestra, Inc. (44.) Resolution No. 2001-R0179/RFP#217-00/HB— Firearm Training Simulator (Police) and authorize same. RESOLUTION NO. 2001-RO179 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Advanced Interactive Systems, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this loth day of May, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 332 Regular City Council Meeting May 10, 2001 Page 333 APPROVED AS TO CONTENT: /s/ Roger Ellis Roger Ellis, Police Lieutenant APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2001-R0179. The Lubbock Police Department applied for and received a Block Grant for the acquisition of high tech law enforcement equipment. The grant money is currently in a City of Lubbock account and the grant will cover the entire cost of the proposed purchase of a firearm -training simulator. A firearms training simulator is a system that allows a firearm instructor to supplement the training of a police officer's situational reasoning abilities while responding to stressful situations. The system is designed to use numerous real life scenarios projected onto a video screen and allowing officers to role-play in the scenarios, causing the officer to use any type of force from mere verbal commands up to deadly force. The system has branching capabilities so the trainer in the control room can watch the officer and the scenario and branch the scenario to play out according to how the officer responds to the scenario. For instance, the trainer can branch the system to de-escalate the scenario to a peaceful resolution, hold the scenario for an unlimited period of time to force the officer to continue his negotiations with a person, or escalate the scenario to where the officer must use the necessary force, even deadly force, to resolve the incident. The system includes identical weapons to those carried by our police officers that shoot air blanks and simulate the recoil of the pistol. The shots are identified on the screen using laser identification to verify shot placement during the scenario. The system includes a picture -in -picture feature that will digitally video the officer while experiencing the scenario and play back the officer's response to the scenario so the officer can be properly critiqued. The system also includes a patented "ShootBack" cannon that is synchronized within the scenario to fire .68 caliber nylon balls from the cannon mounted above the projection screen. This "ShootBack" cannon will reinforce the concept of the officer's need to use available cover during the scenarios and will enhance the training for officer safety. Proposals for this equipment were received from three firearms training simulator companies: ■ Advanced Interactive Systems --Corporate office in Seattle, WA. • IES Electronics Industries USA, Inc. — Corporate office in Littleton, CO. • FATS, Inc. —Corporate office in Suwanee, GA. A selection committee was appointed by the Police Department's Administration and Training Divisions to review and rate the proposals submitted by the companies listed above. The selection committee initially met and decided, based upon the specifications that had to be met, that only Advanced Interactive Systems and IES Electronics Industries USA, Inc. could meet the specifications. 333 Regular City Council Meeting May 10, 2001 Page 334 After reviewing all of the materials submitted by both companies and allowing each company to demonstrate their product to the committee, the committee scored the systems and Advanced Interactive Systems scored highest with 1440 points. IES Electronics Industries USA, Inc. scored second with 1210 points. Staff recommended the purchase of the system from Advanced Interactive Systems. The contract price of $158,592 is within the Block Grant amount. (45.) Resolution No. 2001-R0180/RFP #031-01/RS-A/E Services For Seven New City of Lubbock Parks (Park Development) and authorize same. RESOLUTION NO. 2001-RO180 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract per RFP #031-01/RS for A/E services for seven new City of Lubbock parks, by and between the City of Lubbock and KDC Landscape Architecture and Site Planning of Midland, 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 loth day of May, 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-R0180. In November 1996, the design team of Carter & Burgess, Inc. was commissioned by the City of Lubbock to provide a visionary plan as a working document to guide the Park Development Department into the next century and to meet current and future needs of the changing population in Lubbock. A primary goal of the plan was to provide recommendations that are community driven. Carter and Burgess, Inc. presented the 1998 Lubbock Comprehensive Parks, Recreation and Open Space Master Plan to the City Council in April 1998. In May 1999, the Park Development Department produced a commensurate document titled The Parks Five Year Plan that further addressed project priorities and their scheduling. In February 2001, the City of Lubbock solicited proposals from interested multi -disciplinary firms to provide professional services for the master plans of seven new parks: 334 Regular City Council Meeting May 10, 2001 Page 335 ♦ Richard Lopez, 5402 Auburn Avenue (8.00 acres) ♦ Jack & Mary Nell Strong, 8001 Avenue U (8.00 acres) ♦ Gladys Sims, Vicinity of E. Purdue St. & N. Elm Avenue (5.00 acres) ♦ Naomi Reagan, Vicinity of I" St. & Niter Ave. (5.00 acres) ♦ Dr. Armando Duran, Vicinity of 26"' & Kewanee Avenue (8.00 acres) ♦ Underwood, 202 East 74`' St. (8.00 acres) ♦ Alex & Verna Cooke, 6302 18'h St. (8.00 acres) Funding for these new parks in the amount of $3,493,600 was approved through Parks Capital Project and Capital Improvements Bond Election funds. Seven landscape architectural/engineering firms submitted proposals to the City of Lubbock for professional services: ♦ Ford, Powell, & Carson Landscape Architects of San Antonio, Texas ♦ KDC Landscape Architects of Midland, Texas ♦ Turner LandArchitecture of Amarillo, Texas ♦ Halff Associates of Dallas, Texas ♦ Huitt-Zollars, Inc., of Dallas, Texas ♦ Place Collaborative, Inc., of San Antonio, Texas ♦ Mesa Design Group of Dallas, Texas The following evaluation criteria was used to evaluate the proposals: ♦ Substantial experience in similar projects. 20 % ♦ Demonstrated knowledge and understanding of the 20 % ♦ Project. Timeline. ♦ Substantial representations regarding firm's 25 % qualifications and design skill appropriate to this project. ♦ Substantial capability to meet schedules and 25 % deadlines as well as capability to complete projects without major cost escalations, changes, or overruns. ♦ Record of performance based on previous work 10 % with the City and/or other client references. The committee members reviewed and ranked the proposals as follows: ♦ KDC Landscape Architecture 18.75 ♦ Place Collaborative, Inc. 18.70 ♦ Halff Associates 16.20 ♦ Turner LandArchitecture 15.75 ♦ Ford, Powell, & Carson 15.00 ♦ Huitt-Zollars, Inc. 14.75 ♦ Mesa Design Group 14.35 Through the first round of the evaluation process, Place Collaborative, Inc. of San Antonio, Texas, KDC Landscape Architects of Midland, Texas and Halff Associates of Dallas, Texas were invited for oral presentations. After careful consideration, the selection committee recommended KDC Landscape Architecture of Midland, Texas as the best qualified firm for this project. Parkhill, Smith and Cooper, Inc. will perform civil engineering and regulatory permitting involved in the project. James B. Harris and Associates will perform landscape architectural services and 335 Regular City Council Meeting May 10, 2001 Page 336 construction observation for the project. The services include design consultation, programming, schematic design, design development, construction documentation, bidding period, and construction observation. A contract in the amount of $192,385 has been successfully negotiated with KDC Landscape Architects of Midland, Texas and is within the Professional Services budget. (46.) Resolution No. 2001-R0181; Resolution No. 2001-R0182; Resolution No. 2001-R0183; Resolution No. 2001-R0184BID #44-01/RS—Truck Cab & Chassis, Dump Bodies, and Water Tank (Fleet Services) and authorize same. RESOLUTION NO. 2001-R0181 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 #044- 01/RS for a truck cab & chassis, dump bodies and water tank, by and between the City of Lubbock and Leif Johnson of Buda, 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 loth day of May, 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 Purchase Order is filed with Resolution No. 2001-R0181. RESOLUTION NO. 2001-R0182 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 #044- OURS for a truck cab & chassis, dump bodies and water tank, by and between the City of Lubbock and Roberts Truck Center 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. 336 Regular City Council Meeting May 10, 2001 Page 337 Passed by the City Council this loth day of May, 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 Purchase Order is filed with Resolution No. 2001-R0182. RESOLUTION NO. 2001-RO183 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #044- 01/RS for a truck cab & chassis, dump bodies and water tank, by and between the City of Lubbock and Shamrock Chevrolet 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 loth day of May, 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 Purchase Order is filed with Resolution No. 2001-R0183. 337 Regular City Council Meeting May 10, 2001 Page 338 RESOLUTION NO. 2001-ROl 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 #044- 01/RS for a truck cab & chassis, dump bodies and water tank, by and between the City of Lubbock and Bruckner Truck Sales, Inc. of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this loth day of May, 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 Purchase Order is field with Resolution No. 2001-RO184. This bid is for the purchase of replacement vehicles and equipment for Traffic Engineering, Water Pipeline Maintenance, and the Solid Waste Department. The low bids are from the following companies: Roberts Truck Center of Lubbock, TX $171,514.80 Leif Johnson Ford Truck City of Buda, TX $27,660.00 Bruckner Truck Sales, Inc. $27,550.00 Shamrock Chevrolet of Lubbock, TX $25,949.00 J&B Trailers & Equipment, Inc. of Lubbock, TX $19,700.00 Powledge Metal Fabrication Plant of Palestine, TX $11,168.98 Powledge Metal Fabrication Plant is a manufacturing facility of Texas Correctional Industries. The low bids are within the Capital Outlay -Motor Vehicles budget. (47.) Resolution No. 2001-RO185; Resolution No. 2001-RO186/BID #047- 01/RS-Refuse Collection Trucks (Fleet Services) and authorize same. RESOLUTION NO. 2001-RO185 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #047- 338 Regular City Council Meeting May 10, 2001 Page 339 01/RS for refuse collection trucks, by and between the City of Lubbock and Bruckner Truck Sales 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 loth day of May, 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 Purchase Order is filed with Resolution No. 2001-R0185. RESOLUTION NO. 2001-RO186 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #047- 01/RS for refuse collection trucks, by and between the City of Lubbock and West Texas Truck Center 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 loth day of May, 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 Purchase Order is filed with Resolution No. 2001-R186. 339 Regular City Council Meeting May 10, 2001 Page 340 This bid is for the purchase of nine new refuse trucks that will replace trucks currently in the Solid Waste fleet. The low bids are from the following companies: Bruckner Truck Sales of Lubbock, Texas $533,384 West Texas Truck Center of Lubbock, Texas $542,976 The low bids are within the Major Equipment Replacement budget. (48.) Resolution No. 2001-RO187/RFP #075-01/LR-Employee Assistance Program (Human Resources) and authorize it. RESOLUTION NO. 2001-RO187 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Employee Assistance Program, by and between the City of Lubbock and Texas Tech University Health Sciences Center, Department of Neuropsychiatry, Psychiatry Division 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 loth day of May, 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-RO187. The City of Lubbock currently contracts with Texas Tech University Health Sciences Center, Department of Neuropsychiatry, through the Southwest Institute for Addictive Diseases, to provide an Employee Assistance Program (EAP) to all City employees. The annual cost to the City is approximately $39,528. The original contract began on July 1, 1998 for a three-year term. Proposals were solicited from interested firms for a new EAP services contract. Five responses were received from the following firms: MR Regular City Council Meeting May 10, 2001 Page 341 1. Menninger Care Systems of Addison, TX 2. Workers Assistance Program, Inc. of Austin, TX 3. Managed Care Center for Addictive/Other Disorders, Inc. of Lubbock, TX 4. Covenant Health Systems of Lubbock, TX 5. TTUHSC, Southwest Institute for Addictive Diseases of Lubbock, TX A selection committee consisting of three City of Lubbock employees and an external consultant reviewed the responses. Each response was evaluated based on the following criteria: ♦ Cost, 50 % ♦ Available Network of Physicians, 30% ♦ Financial Stability, 10% ♦ References/Relevant Experience, 10 % The committee members reviewed and ranked the proposals as follows: 1. TTUHSC, Southwest Institute for Addictive Diseases 97 2. Covenant Health Systems 74 3. Workers Assistance Program, Inc. 69 4. Menninger Care Systems 52 5. Managed Care Center for Addictive/Other Disorders, Inc. 35 Based on cost and services provided to the City and City employees, staff recommended contract award to Texas Tech Health Sciences Center Department of Neuropsychiatry, Southwest Institute for Addictive Diseases. This contract will reduce the City's annual cost from $39,528 to $36,072. The rate is guaranteed for a three-year period. (49.) Resolution No. 2001-RO188/BID #094-01/RW-Airpack and Cylinder Parts (Fire Department) and authorize same. RESOLUTION NO. 2001-RO188 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 #094- 01/RW for air pack & cylinder parts, by and between the City of Lubbock and DACO Fire 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 loth day of May, 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 341 Regular City Council Meeting May 10, 2001 Page 342 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-RO188. This bid is for the purchase of assorted supplies used to maintain air cylinder testing equipment for the air room at Fire Station Seven. The low bid is $45,652.59 from Daco Fire Equipment of Lubbock, Texas and is within the Equipment Supply and Small Tools budget. (50.) BID #096-01/LR-Contract Turf Maintenance (Water Reclamation). This bid is for mowing and weed trimming of the grounds at the Southeast Water Reclamation Plant. 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 $12,820 per year from B&M Service Company of Lubbock, Texas and is within the Land Maintenance budget amount. (51.) Resolution No. 2001-RO189/BID #098-01/RS-Lubbock Business Center HVAC Renovations (Facilities Management) and authorize same. RESOLUTION NO. 2001-RO189 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 #098-01/RS for the Lubbock Business Center HVAC renovations, by and between the City of Lubbock and Fanning, Fanning and Associates 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 loth day of May, 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-R0189. 342 Regular City Council Meeting May 10, 2001 Page 343 This project involves the renovation of the entire HVAC system at the Lubbock Business Center. The current water-cooled chillers will be replaced with an air-cooled unit; the steam boilers will be replaced with a hot water boiler; and the air handlers will be replaced along with all associated pumps and controls. The low bid is $439,841 from Bruce Thornton Heating and Air Conditioning of Lubbock, Texas and is within the Equipment Capital Outlay-LP&L HVAC Renovation budget. (52.) Resolution No. 2001-RO190/BID #101-01/LR-Pipe, Valves and Fittings (Water Utilities) and authorize same. RESOLUTION NO. 2001-RO190 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 #101- 01/LR for pipe, valves and fittings, by and between the City of Lubbock and Hanson Pipe & Products, Inc. of Grand Prairie, 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 loth day of May, 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 Purchase Order is filed with Resolution No. 2001-RO190. This bid is for the purchase of pipe, valves and fittings to be installed by city personnel at the Hancock Land Application Site. The installation of this pipe will increase the amount of water that can be moved to the Hancock Land Application Site by three million gallons per day. This will help relieve the storage facility at the Hancock Land Application Site and increase irrigating efficiency. This project is the first phase of a three-phase project. The current capacity of the supply system is seven to eight million gallons per day, and the ultimate goal is 26 million gallons per day. The low bids are from the following companies and are within the Hancock Land Application Site Transmission System Improvements budget: 343 Regular City Council Meeting May 10, 2001 Page 344 Hanson Pipe & Products Inc. of Grand Prairie, TX $585,500 Waterworks Sales Co. of Lubbock, TX $ 8,940 (53.) Resolution No. 2001-R0191/BID #108-01/RS-Lubbock Fire Stations 3, and 9 Roof Replacement (Facilities Management) and authorize same, and reject all bids for Fire Station 10. RESOLUTION NO. 2001-RO191 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 #108-01/RS for Lubbock Fire Stations 3, 9, and 10 roof replacement, by and between the City of Lubbock and Advantage USAA of Spring Branch, 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 loth day of May, 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-R191. This project involves the replacement of roofs at Fire Stations #3 and #9. Due to budgetary issues, the roof replacement of Fire Station #10 will be rebid at a later date. Staff recommended that City Council reject all bids to replace the roof at Fire Station # 10. The low bid is $76,000 from Advantage USAA of Spring Branch, Texas and is within the Building Capital Outlay -Fire Station Renovations budget. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. The next item considered was Item No. 29. 91 Regular City Council Meeting May 10, 2001 Page 345 PUBLIC HEARINGS (54.) Hold a public hearing with regard to whether the City of Lubbock Juvenile Curfew Ordinance, codified as No. 9814, Division 3, Article II, Chapter 18, of the Code of Ordinances of the City of Lubbock, Texas, should continue, be discontinued, or modified and take appropriate action. Mayor Pro Tem Cooke opened the public hearing at 11:20 A. M. Chris Powe appeared on behalf of Lubbock Police Department. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 11:28 A. M. In accordance with the Texas Local Government Code, section 370.002, staff is requesting a review of the Juvenile Curfew ordinance, No. 9814. The current Juvenile Curfew ordinance has been in place since July 13, 1995. The Juvenile Curfew ordinance must be reviewed every three years after the date of adoption. Staff submits the following information regarding the impact of the Juvenile Curfew ordinance on the community and juvenile crime in Lubbock, Texas. Municipal Court (Teen Court) and the Lubbock Police Department's Records section maintain the following statistical data. Curfew Violations for 1995 Curfew Violations for 1998 Juvenile Violators - 1,142 Juvenile Violators - 1,319 Curfew Violations for 1996 Curfew Violations for 1999 Juvenile Violators - 1,277 Juvenile Violators - 905 Curfew Violations for 1997 Curfew Violations for 2000 Juvenile Violators - 904 Juvenile Violators - 922 The number of curfew violations for January -March 2001 is 172. The total number of curfew violations since July 1995 is 8,351. In 1995, the City Council noted an increase in juvenile violence and juvenile crime in Lubbock, Texas. The Council noted an increase in murder, drive -by shootings, and drug related offenses. The Council further indicated the creation of this ordinance and its enforcement would serve to alleviate some of these incidents through identification and enhanced communication between offenders and parents. This statistical data on juvenile arrests is maintained by Police Records. Murder Auto Theft 1995- 3 Arrests 1995- 95 Arrests 1996- 5 Arrests 1996- 71 Arrests 1997 - 1 Arrest 1997 - 55 Arrests 1998 - 0 Arrests 1998 - 61 Arrests 1999 - 1 Arrest 1999 - 82 Arrests 2000 - 0 Arrests 2000 - 72 Arrests Robbery Criminal Mischief 1995- 19 Arrests 1995- 163 Arrests 1996- 16 Arrests 1996 - 099 Arrests 1997 - 09 Arrests 1997 - 094 Arrests 1998 - 11 Arrests 1998 - 091 Arrests 1999 - 14 Arrests 1999 - 099 Arrests 345 Regular City Council Meeting May 10, 2001 Page 346 2000 - 09 Arrests 2000 - 084 Arrests Theft Drug Offenses 1995 - 515 Arrests 1995 - 015 Arrests 1996 - 322 Arrests 1996 - 062 Arrests 1997 - 468 Arrests 1997 - 114 Arrests 1998 - 527 Arrests 1998 - 082 Arrests 1999 - 314 Arrests 1999 - 106 Arrests 2000- 268 Arrests 2000- 155 Arrests The total number of Juvenile arrests for 1995-2000, based on these 6 offenses, is 4,102. The total number of Juvenile arrests for 1995-2000, based on these 6 offenses and curfew violations is 12,453. The Juvenile Curfew Ordinance has increased public awareness and parental concern. The number of contacts, by enforcement of this ordinance, is a key indicator of the impact of this ordinance on reported crime. This ordinance compels parental accountability for their child's actions. This ordinance provides the Lubbock Police Department with an effective tool to reduce truancy, possible criminal activity, and other issues. Police Department procedures continue to be refined to further the aggressive enforcement of this ordinance. Staff recommended the Juvenile Curfew Ordinance continue. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson that Resolution No. 2001-RO193 pass as recommended by staff. Motion carried: 5 Yeas, 0 Nays. MISCELLANEOUS (55.) Resolution No. 2001-RO194 canvassing the returns and declaring the results of the City Special Venue Projects Election held on May 5, 2001. RESOLUTION NO. 2001-RO194 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE VENUE PROJECT SPECIAL ELECTION HELD MAY 5, 2001. WHEREAS, an election was held in the City of Lubbock on the 5`h day of May, 2001, for the purpose of submitting certain propositions pertaining to proposed venue projects to the resident electors of the City; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas governing the calling and governing of such election; and WHEREAS, the returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for each polling place and for early voting, as canvassed and tabulated by this governing body and shown in Exhibit A attached hereto, reflect that the sum of precinct vote totals "FOR" and "AGAINST" each measure submitted are as follows: PROPOSITION 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 346 Regular City Council Meeting May 10, 2001 Page 347 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. VOTES FOR: 3,286 VOTES AGAINST: 4,410 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. VOTES FOR: 3,306 VOTES AGAINST: 4,361 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. VOTES FOR: 3,244 VOTES AGAINST: 4,409 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT all of the recitals contained in the preamble of this Resolution are found to be true and are adopted as Endings of fact by this governing body as part of its decision. SECTION 2. THAT it is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit A attached hereto, and, a majority of the electors voting at said election having voted in favor of propositions number , the City Council is hereby declared to 347 Regular City Council Meeting May 10, 2001 Page 348 be authorized and empowered to implement the said approved venue projects; all as more fully set forth and identified above and in the proceedings ordering said election. SECTION 3. THAT the City Secretary is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit A attached hereto in the election register maintained by the City in accordance with provisions of Section 67.006 of the Election Code. SECTION 4. THAT the City Manager or his designee is hereby authorized and directed to take whatever steps may be necessary to implement the results of this election. PASSED AND APPROVED by the City Council of the City of Lubbock this loth day of May, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney The governing body is required to canvass election results not earlier than the third day nor later than the sixth day after election day. Each Councilmember will be provided with tabulation sheets showing the number of votes cast for each proposition. The resolution will canvass the returns and declare the results of the Special Election for each of the three propositions. Rebecca Garza, City Secretary recommended that the City Council accept the returns and act favorably on the resolution. Motion was made by Councilmember Morrison, seconded by Councilmember Nelson to pass Resolution No. 2000-RO194 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor Sitton returned to the dais. BOARD APPOINTMENTS (56.) Consider one appointment to the Canadian River Municipal Water Authority. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to reappoint James Collins to the Canadian River Municipal Water Authority. Motion carried: 6 Yeas, 0 Nays. (57.) Consider two appointments to the Building Board of Appeals. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to appoint Ken Condray and Terry Drum to the Building Board of Appeals. Motion carried: 6 Yeas, 0 Nays. Regular City Council Meeting May 10, 2001 Page 349 (58.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to appoint Felecisima (Tina) Betts to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 6 Yeas, 0 Nays. (59.) Consider twelve appointments to Redistricting Advisory Committee. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to appoint the following to the Redistricting Advisory Committee: Gary Boren; Ken Corbin; Steve Fannin; Mark Hocker; Marjorie Kastman; Bill Mateja; Curtis Parrish; Ruth Schiermeyer; Sam Silva; Rev. D. A. Smith; Victoria Sutton, Chair; and Rose Wilson. Motion carried: 6 Yeas, 0 Nays. 11:31 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 12:50 P.M. COUNCIL RECONVENED. 12:50 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Sitton adjourned the meeting. Read and approved this day of _, (6Ml. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: Rebecd Garza, City Secretary 91101