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Home My WebLink AboutMinutes - City Council - Regular - 9/27/2001REGULAR CITY COUNCIL MEETING September 27, 2001 7:30 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of September, 2001, in the City Council Chambers, first floor, City Hall, 1625 131h Street, Lubbock, Texas 79401 at 7:30 P. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 131h Street, Lubbock, Texas. Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal and Councilmember Frank Morrison. Absent: Mayor Sitton, and Councilmembers Nelson and Patterson. CITIZEN COMMENTS A thirty -minute period dedicated to citizens who wish to address the Council on items related to this agenda. EXECUTIVE SESSION Mayor Pro Tem Cooke stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); to discuss pending or contemplated litigation (Police Department; Risk Management; Water Utilities); to deliberate regarding security devices (All Departments); to discuss personnel matters regarding duties, responsibilities, and/or appointments (Board and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 7:37 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION ( 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 (Police Department; Risk Management; Water Utilities). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076 to deliberate regarding security devices (All Departments) . ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Regular City Council Meeting September 27, 2001 Page 160 Appointments Advisory Board Board of Electrical Examiners Citizens Traffic Commission Libraries Board Neighborhood Redevelopment Commission Planning and Zoning Commission Structural Standards Commission Youth Commission4tudents (6.) 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 (Fire Department). 9:45 A.M. EXECUTIVE SESSION RECESSED 10:18 A. M. CITY COUNCIL WORK SESSION CONVENED (7.) Report of the Redistricting Advisory Committee on City Council Redistricting. Dr. Victoria Sutton, Chair (30 minutes). This item was heard after Item No. 8. Dr. Victoria Sutton, Chair of the Redistricting Advisory Committee, will present a report and recommendation on City Council Redistricting. CITY COUNCIL DISTRICT HISTORY Federal Court Judgment established Lubbock City Council Districts in 1983 City Council redistricted in 1991 to achieve population balance between City Council Districts Census 2000 data requires that City Council District redistricting to achieve population balance. ➢ City Council established 15 member Redistricting Advisory Committee in April 2001 to report to City Council by November 1, 2001 REDISTRICTING ADVISORY COMMITTEE PROCESS ➢ Evaluated six redistricting options with respect to guidelines established by the City Council Held two public hearings > Adopted a recommended plan The Redistricting Advisory Committee recommended that the Lubbock City Council adopt Option 1-C. Further, that Option 1-C will be effective for the 2002 City of Lubbock General Election. ( 8.) Presentation concerning the site selection for the development of the Community Built Playground. Amy Pierce, Junior League of Lubbock (20 minutes). As part of the Lubbock Beautification Impact Area, the Junior League of Lubbock began researching a community playground project in April of 1999. After extensive research by an Ad Hoc Committee, the Junior League allocated $150,000 for seed money and dedicated volunteers for the duration of the project. The Community Playground will involve all ages in both the design and the construction of the playground. 160 Regular City Council Meeting September 27, 2001 Page 161 The Site Selection Committee has reviewed many potential sites for the playground. Criteria for the site included location, neighborhood context, sensory criteria (visual, audible, olfactory), natural features, man-made features, circulation and microclimate conditions. Upon extensive review of the potential sites and a lot of discussion, the site selection committee is ready to announce their recommendation for the site of the Community Built Playground. After an extensive process to identify a site, McAlister Park rose to the top. -- The Junior League is planning to gather the resources to build the project. The Junior League has also committed to the long term care and maintenance of the playground. An agreement between the Junior League and the City concerning the playground will be presented to the City Council later this year. The timeline for the project is to hold Design Day on February 12, 2002 and build is scheduled for the fall of 2002. The Junior League is dedicated to researching and developing community projects. Their goal is to develop projects and ultimately turn them over to the community. Past developed projects include the Ronald McDonald House, Safety City, Fire Safety House and the Children's Advocacy Center. Amy Pierce, Site Selection Committee Chairperson, made a presentation to the City Council concerning the Community Built Playground. 11:00 A.M. WORK SESSION RECESSED Items 9 and 10 were moved to Regular Session and were considered following Item No. 49. ( 9.) Presentation on the business education components of the newly enacted smoking ordinance during the first 90 days of implementation. Tommy Camden, Health Department Manager (15 minutes). October 21, 2001 marks an important deadline for all existing businesses allowing smoking anywhere inside the premises and wanting to continue to allow smoking to apply for and obtain a smoking permit. The October 21, 2001 date also signifies the conclusion of the first 90 days of the smoking ordinance, which took effect July 22, 2001. Existing businesses failing to obtain a permit during this 90 day period will not have another chance to legally allow smoking in their facility until July 23, 2004, at which time, all businesses will then need construction of separate rooms with a fully operational HVAC system for a designated smoking area. The permit component of the ordinance applies to all existing and any future new business. The permit is free during this first year. Approximately 120 permits have been issued to date. A variety of activities have taken place since July 22, 2001 to inform Lubbock businesses about the new ordinance. Multiple copies of a 15- minute video highlighting the major parts of the ordinance have been produced by the Channel 6 staff and are available for businesses to purchase or borrow for training. The video has aired numerous times over the past several months. Restaurant inspectors have been meeting with business owners during routine inspections and are canvassing neighboring non -restaurant businesses as time allows. All these activities are documented for future reference. Four thousand copies of a Question and Answer pamphlet have been printed and distributed to 161 Regular City Council Meeting September 27, 2001 Page 162 businesses, Chambers of Commerce, libraries, and other city departments for easy access. Smoking warning signs have been produced and are available for a nominal charge. The City Website has an easy to find link for more detailed information on the ordinance, including a copy of the entire ordinance, a copy of the warning sign that should be displayed at entrances, and the Q & A document. To date, the smoking website has had over 1,500 hits and is one of the top ten most requested pages. Environmental Inspection Services has held three public meetings to answer any questions the businesses or general public might have. Staff from EIS, Legal, and the Health Department have -- held weekly Friday morning meetings to discuss enforcement and education issues needing clarification and interpretation. Three additional initiatives that will reinforce these education efforts will include a mass mailing of a one -page letter to all local businesses (approximately 8,000) highlighting the October 21, 2001 deadline, publication in the Lubbock Avalanche Journal of the smoking permit deadline letter, and a proposed door-to-door education campaign conducted by EIS and Health Education staff along major corridors to try and personally inform every business in Lubbock. Several city departments have been working closely together throughout the first 90 days of the smoking ordinance to ensure the City makes every effort to inform all businesses of the smoking permit deadline and requirements. Staff is receptive to any additional guidance the Council may want to recommended to avoid any deadline controversies. (10.) Update on the installation of water and sanitary sewer lines in the annexation area. Ches Carthel, Chief Engineer for Water Utilities (10 minutes). Staff provided an update for the City Council as requested by Councilman Marc McDougal of the water and sanitary sewer improvements in the annexation area in southwest Lubbock. Presentation was made by Ches Carthel. Staff recommended the presentation be made. 11:05 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, and Councilmember David Nelson. Absent: Councilmember Patterson. Mayor Sitton called the meeting to order at 11:05 A. M. (11.) Invocation by Pastor Stephen Stege, Associate Pastor of Education & Administration, First Baptist Church and Imam Mohamad Mokhtar, Islamic Center. (12.) Presentation of the colors and the American Flag by the Lubbock Fire Department Color Guard in honor of all fallen Fire Fighters in the wake of our national tragedy, followed by the Pledge of Allegiance to the Flag. 162 Regular City Council Meeting September 27, 2001 Page 163 Deputy Chief of Operations Rhea Cooper shared a short account of the events of the tragedy written by Dennis Smith, a firefighter in New York. The bell was rung 5-5-5 as the traditional alarm to let firefighters know that one of their own has fallen. CITIZENS APPEARANCES (13.) Presentation of a special recognition to the citizens of Lubbock, of all ages, who have come together with community spirit and patriotic efforts to aid the victims of the attacks on September 11, 2001. On Tuesday, September 11, 2001, America was attacked by terrorists and many lives were lost in New York, Washington DC and Pennsylvania. Many people in the City of Lubbock have exhibited a strong sense of community spirit and their love for America by selling cookies, lemonade, cupcakes, and other efforts, to assist the victims of the attack on America. The community spirit and American patriotic efforts of these citizens of our great community teach all Americans a lesson. No matter how small an effort made, all help is appreciated and these selfless individuals are deserving of special recognition for their efforts. Presentation of a special recognition was made to all citizens of Lubbock who have donated time, money and spirit to aid those in need in our great country. Mayor Sitton recognized the American Red Cross and the citizens of Lubbock for their efforts to assist in the aid of the victims. Penney Towers, Executive Director of American Red Cross and Board Chair Ricky Woody accepted the recognition. Mr. Woody recognized students from Westwind (Frenship ISD), Southland ISD, J. T. Hutchinson School; and Andrew, the young man who sold cupcakes. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things about Lubbock. No. 10 is Loop 289. Certainly you agree that Lubbock has excellent highway infrastructure with the ever expanding Loop, Interstate 27, Brownfield Highway that is soon to be the Marsha Sharp, Spur 327 and the widest thoroughfares and feeder streets in the State of Texas. Sure, staff have been inconvenienced this summer, especially on the South and West Loop, but that's all completed now, with the exception of some reflective buttons to be put down, and all six lanes of through traffic are open. Now staff can get back to enjoying the smooth and efficient traffic flow on the South Loop that staff have come to learn to appreciate even more when staff don't have it for a few months. No. 9 is Unabashed Patriotism. The events of two weeks ago have revealed to the world what staff in Lubbock have always felt and believed to be among the very core values of our community -- that is that staff are unashamed of being Americans, whether 1" generation or 51" generation, and staff are willing to stand-up for and defend this less than perfect government of the people, for the people and by the people. Lubbock and entire country has shown its true red, white and blue colors as staff have stood together singing "America the Beautiful" and "God 163 Regular City Council Meeting September 27, 2001 Page164 Bless America." You can count on the people of Lubbock to come to the aide of our fellow countryman and to do our fair share to protect and preserve the freedoms staff so cherish. No 8 is Beautiful, America the. No. 7 is Bless, God. No 6 is On Alert. The Emergency Management Department of the City of Lubbock has learned that you can not be too prepared. Through the leadership of Ken Olson, the City's Emergency Management Director, staff have scheduled a biological weapons exercise for tomorrow, September 28. A multimedia briefing combined with a situational manual will lead not only representatives from Lubbock's hospitals, basic utilities as well as the United States Department of Justice and the Wall Street Journal. Once again, Lubbock is being recognized through out the Nation as taking a leading role in avoiding disasters through prudent planning. No. 5 is Cancer Prevention. Did you know that the Lubbock unit of the American Cancer Society recently won the Star of Hope awarded to only the top 6 % of Cancer Prevention Chapters through out the State of Texas? Did you know that the Lubbock unit, chaired by Mrs. Sammie Prather, and fueled by the volunteer efforts and the generosity of thousands of Lubbock citizens have scheduled a year-round calendar of events, fund raisers and patient services designed to educate, treat and prevent this dreaded disease? October begins Breast Health Awareness Month and will be kicked off by the Mayor on October 10 at City Hall. Let's get with Lubbock's unit of American Cancer Society and do what staff can in Lubbock to prevent this disease in our lifetime. No. 4 is Kaleidoscapes. Sunset scapes, playa lake scapes, limitless blue sky scapes, Broadway Street scapes, Texas Tech University entranceway scapes, Mackenzie Park scapes, American Windpower Center scapes, short lines at traffic signal light scapes, smiling faces and helping hands scapes. These are just some of the varied, attractive scenes that are unique to Lubbock. No. 3. Is Yee -haw. Beginning October 11' and running through the 13`h the annual Farmer Stockman Show will be held at the City Farm on East 50' Street. This nationally recognized agricultural exhibit consist of tillage demonstrations, educational opportunities and livestock demonstrations. John Hindman, the City's Farm Director, says this is a one of a kind agriculture extravaganza for this part of the county. No. 2 is Entertainment. James Taylor, Rod Stewart, the Bellamy Brothers, Delbert McClinton, Big 12 Football, Bobby Knight Basketball, Marsha Sharp Basketball and a nationally renowned orchestra. No, that's not Chicago, Los Angeles or New York City. Those entertainment opportunities are right here in Lubbock, Texas USA. No. 1 is South Plains Fair. The 89`h Edition of the South Plains Fair is in final week, entertaining over 200,000 residence of the City of Lubbock and the surrounding area. Don't miss 38-Special and all of the wonderful opportunities at the 89`h Edition of the South Plains Fair. 164 Regular City Council Meeting September 27, 2001 Page 165 CONSENT AGENDA (Items Nos. 14, 16-26, 28, 29, 31-38) Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to approve Items Nos. 14, 16-26, 28, 29, 31-38 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (14.) Approval of Minutes: August 30, 2001 Regular City Council Meeting September 13, 2001 Regular City Council Meeting (15.) Ordinance No. 2001-00080 changing precinct boundaries, voting places and voting districts for City Council Redistricting (first reading). This item was moved to Regular Agenda and was considered following Item No. 38. ORDINANCE NO. 2001-00080 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO ESTABLISHMENT OF VOTING DISTRICTS FOR CITY COUNCIL MEMBERS BASED UPON THE 2000 FEDERAL CENSUS; AMENDING VOTING PRECINCT BOUNDARIES, VOTING PLACES, AND VOTING DISTRICTS AS REQUIRED BY LAW; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE AND IMPLEMENTATION. Dr. Victoria Sutton, Chair of the Redistricting Advisory Committee, presented a report and recommendation on City Council Redistricting during work session. CITY COUNCIL DISTRICT HISTORY Federal Court Judgment established Lubbock City Council Districts in 1983 City Council redistricted in 1991 to achieve population balance between City Council Districts Census 2000 data requires that City Council District redistricting to achieve population balance. City Council established 15 member Redistricting Advisory Committee in April 2001 to report to City Council by November 1, 2001 REDISTRICTING ADVISORY COMMITTEE PROCESS Evaluated six redistricting options with respect to guidelines established by the City Council Held two public hearings Adopted a recommended plan .t Regular City Council Meeting September 27, 2001 Page 166 The Redistricting Advisory Committee recommended that the Lubbock City Council adopt Option 1-C. Further, that Option 1-C will be effective for the 2002 City of Lubbock General Election. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to approve first reading of Ordinance No. 2001- 00080. Mayor Sitton called for discussion. Councilmember Hernandez discussed the item and then made a motion to table Item (15). According to Robert's Rules of Order, the motion to continue takes precedence over the underlying motion. 11:40 A.M. Mayor Sitton left the dais. Mayor Pro Tem Cooke called for a second to the motion. Hearing no second, it stands down. Mayor Pro Tern Cooke called for the question of the original motion and second. Motion carried: 5 Yeas, 0 Nays. Vote on the original motion and second carried: 4 Yeas, 1 Nay. Councilmember Hernandez voted Nay. Council requested that the Redistricting Committee meet prior to October 13, 2001 to find out if articles presented by Councilmember Hernandez at today's meeting would have tainted the process and/or whether or not if the committee had had adequate opportunity to reflect on Dr. Richard Engstrom's regression analysis report would it have affected the findings of any of the committee members' decision. The committee should then report back to Council prior to second reading at the October 13, 2001 City Council Meeting Next item to be considered was Item No. 27. (16.) Ordinance No. 2001-00079 amending Chapter 5 of the Code of Ordinances that would allow agricultural aerial spraying below 1,000 feet with a permit (first reading). ORDINANCE NO.2001-00079 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "AVIATION," BY ADDING SECTION 5-9a ALLOWING AGRICULTURAL AERIAL SPRAYING BELOW THE 1000 FOOT MINIMUM ALTITUDE WITH A PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Section 5-9 of the Code of Ordinances states that an aircraft may not fly over the city at an altitude less than 1,000 feet. A strict interpretation of the ordinance would prohibit aerial crop spraying operations on fields that fall within the city limits. To address this issue, staff is proposing an amendment of the ordinance that will allow spraying operations within city limits subject to the issuance of a permit from the Department of Aviation. The permitting process will coordinate the oversight efforts of all agencies with regulatory responsibilities in this area. The process requires coordination with the Federal Aviation Administration (FAA), the Environmental Compliance Department and Environmental Inspection Services. The intent of the process is to ensure that all safety and 166 Regular City Council Meeting September 27, 2001 Page 167 environmental requirements are met prior to the approval of any spraying operation over the City of Lubbock. This proposal has been coordinated with the Federal Aviation Administration, and comes to the City Council with the recommendation of the Airport Board. Staff recommended approval of the Ordinance. (17.) Resolution No. 2001-RO364 authorizing the Mayor to execute a quitclaim deed in favor of Jeffrey and Robyn Knight (3401 441' Street). RESOLUTION NO. 2001-RO364 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Quitclaim Deed in favor of Jeffrey Knight and wife, Robyn Knight. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2001-R0364. This resolution authorizes the Mayor to convey a 42.66-foot wide by 130 foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, Jeffrey Knight and wife, Robyn Knight. The City is selling this 42.66 front foot wide strip of Indiana Avenue right-of-way to the Knights for $5 per front foot or $213.30 total. The Right -of -Way Department recommended the approval of this quitclaim deed to Mr. and Mrs. Knight. _ (18,) Resolution No. 2001-RO365 authorizing the Mayor to execute a contract with Creative Juice. For marketing services for Citibus. RESOLUTION NO. 2001-RO365 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of 167 Regular City Council Meeting September 27, 2001 Page 168 Lubbock and Creative Juice! for marketing services for Citibus, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0365. This bid is for Citibus' marketing contract; the contract will begin October 1, 2001, and will run through September 30, 2002. It may be extended for an additional two one-year terms. RFP was advertised in the Avalanche -Journal on July 22 and 29, 2001. RFP packages were mailed to nine agencies, eight of which are located in Lubbock. The proposals were due in Citibus' offices on August 7, 2001. Two agencies withdrew prior to August 7 and four agencies submitted proposals, which were reviewed by a four -member committee made up of Citibus staff members. The committee ensured that required Federal clauses had been submitted by each agency and then ranked each proposal according to the established evaluation criteria. None of the submitting agencies were disqualified due to errors in submitting the Federal clauses. On August 9, one agency was notified that they would not be invited to make a formal presentation to the Transit Advisory Board; the staff reviewers did not feel their proposal met the minimum expectations outlined in the RFP. The other three agencies were notified that they would be scheduled to make 15-minute presentations at the August 28, 2001, meeting of the Transit Advisory Board. The results of the staff of Citibus' committee evaluations were not released to the agencies or to the Transit Advisory Board. On August 28, the agencies made presentations to the board, in a randomly assigned order: The Price Communications Group, Caviness Advertising, and Creative Juice!. Each board member was given evaluation sheets and scored each agency immediately following each presentation. The maximum score per Regular City Council Meeting September 27, 2001 Page 169 reviewer was 100; the total maximum score was 700. After the last agency had completed their presentation, Citibus staff tabulated the individual votes in a spreadsheet that was printed and distributed to board members and staff. The scores were as follows: Creative Juice! 531 Caviness Advertising 451 The Price Communications Group 433 Based on the scores, the board voted unanimously to recommend to City Council that the contract be awarded to Creative Juice!. All three agencies were notified verbally and in writing of the Board's decision. Citibus recommended that RFP 2001.002 be awarded to Creative Juice! for $100,000 for the initial contract term of October 1, 2001- September 30, 2002, with the option of an additional two one year extensions. Staff recommended approval of the resolution. (19.) Resolution No. 2001-RO366 approving the plans or schematics for paving improvements on streets and alleys to be included in the 2001 Assessment Paving Program. RESOLUTION NO. 2001-RO366 WHEREAS, the City Council on July 12, 2001, passed Resolution No. 2001- R0280 and on August 30, 2001 passed Resolution No. 2001-RO319 providing for the improvements of portions of streets and alleys in the City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the streets and alleys as named in said Resolutions; and WHEREAS, the City Engineer has prepared and filed with the City plans or — schematics and standard specifications for such improvements, and the same have been examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the plans or schematics and standard specifications submitted by the City Engineer covering improvements contemplated by said Resolutions BE and the same are hereby approved. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer - APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice This resolution is the second of five resolutions associated with an assessment program for the construction of paving improvements approved by the City Engineer as follows: 169 Regular City Council Meeting September 27, 2001 Page 170 25`h Street from Milwaukee Avenue to LaSalle Avenue 26`h Street from Milwaukee Avenue to Kewanee Avenue Alley between 10`h Street and 11`h Street from Salem Avenue to Quaker Avenue Alley between 56`h Street and 57' Street from Memphis Avenue to Nashville Avenue Alley between 85`' Street and 86`h Street/Oxford Avenue from 851h Street to Oxford Avenue Alley between 77`h Street/York Avenue and 78`h Street/Zoar Avenue from Slide Road to 79`h Street Alley between 8`h Street and 9`h Street from Salisbury Avenue to Salem Avenue The plans or schematics for the streets and alleys have been prepared by City staff and are available for inspection in the City Engineer's office. Staff recommended approval of the resolution. (20.) Resolution No. 2001-RO367 authorizing acceptance of water and sanitary sewer improvements for Lots 13-24, King's Ridge Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO367 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 13 - 24, KING'S RIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 13 - 24, King's Ridge Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $32,207.76 with the improvements constructed by Utility Contractors of America, having a value of $21,756.55 as determined by the unit prices established by said Chapter 28, and $10,451.21 cash paid to the City, which amount includes $1,681.02 cash for adjacent lines, with Medallion Development, the developer, to receive a refund of $10,596.31 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $10,596.31 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. 170 Regular City Council Meeting September 27, 2001 Page 171 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $32,207.76 and has a value of $21,756.55 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $10,451.21 that includes $1,681.02 for adjacent mains. The developer, Medallion Development, will receive a refund of $10,596.31 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located on 102" Street just east of Orlando Avenue. Staff recommended acceptance of the improvements and approval of the resolution. (21.) Resolution No. 2001-RO368 authorizing acceptance of water and sanitary sewer improvements for Lots 161-217, Stonebrook Addition to the City of Lubbock. RESOLUTION NO. 2001-RO368 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 161 - 217, STONEBROOK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 161 - 217, Stonebrook Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $93,099.00 with the -- improvements constructed by Weaver Ditching Services, having a value of $48,757.10 as determined by the unit prices established by said Chapter 28, and $44,341.90 cash paid to the City, which amount includes $4,501.23 cash for adjacent lines, with Rothwell Rentals, the developer, to receive a refund of $15,389.94 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and 171 Regular City Council Meeting September 27, 2001 Page 172 WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $15,389.94 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $93,099 and has a value of $48,757.10 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $44,341.90 that includes $4,501.23 for adjacent mains. The developer, Rothwell Rentals, will receive a refund of $15,389.94 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located between 103`d and 104`h Streets from Flint to Geneva Avenues. Staff recommended acceptance of the improvements and approval of the resolution. (22.) Resolution No. 2001-RO369 authorizing the Mayor to engage the firm of DMG Maximus, Inc., formerly David M. Griffith & Associates, to perform a user fee study for General Fund user charges. RESOLUTION NO. 2001-RO369 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and DMG-MAXIMUS to prepare a user fee study for the City of Lubbock, and all related documents. Said Contract is attached hereto and incorporated in this 172 Regular City Council Meeting September 27, 2001 Page 173 resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R369. This contract is an amendment to an agreement dated October 22, 1998 with DMG Maximus, Inc. ("DMG") wherein DMG provided services to prepare a cost allocation plan for the City of Lubbock. This amendment alters that agreement by adding the provision of a cost of services and revenue study ("user fee study") for the City of Lubbock General Fund departments. These fees include but are not limited to various licenses and permits, building inspections, and building plan inspections. The rationale for engaging a firm to provide this user fee study is that many of the charges in use by General Fund departments have not been evaluated in many years (e.g. dog license fee was established in 1959). Because of the need to place emphasis on enhancing existing revenue streams to maximize the ability of the City to recover some or all of its cost of providing selected services, this user fee study is considered crucial in identifying opportunities to challenge current fee structures for General Fund services. By undertaking a study of the cost of services provided by General Fund departments, senior management will be in a better position to evaluate the need for increases to existing rates and will also have information relative to the amount subsidized by the General Fund, if any, of these services. Staff recommended contract award to the firm of DMG Maximus, Inc. The amount of this amendment to the original contract is $70,000 and is within the General Fund budget. Staff recommended engaging the firm of DMG Maximus, Inc. to perform the General Fund User Fee Study and that the Mayor be authorized to approve all documents necessary to properly execute the contract. 173 Regular City Council Meeting September 27, 2001 Page174 (23.) Resolution No. 2001-RO370 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and County of Lubbock, an agreement for vector control services, and related documents. RESOLUTION NO. 2001-RO370 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 County of Lubbock, an agreement for vector control services, and related documents. Said agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of September 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison Environmental Inspection Services Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2001-R370. The vector control services agreement between the City of Lubbock and Lubbock County will expire September 30, 2001. The cost for the service illustrates an $812.61 or 8 percent increase per month. This contract benefits the City of Lubbock by controlling the mosquito population in the County. Environmental Inspection Services recommended the approval of this contract and approval of the resolution. (24.) Resolution No. 2001-RO371 authorizing the Mayor to execute the necessary SFY 2002 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS), the Technical Assistance Negotiated Grant (TANG) and the Interlibrary Loan Grant Program (ILL) . 174 Regular City Council Meeting September 27, 2001 Page 175 RESOLUTION NO. 2001-RO371 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 one (1) Library System Operation Grant Agreement, one (1) Technical Assistance Negotiated Grant Agreement and one (1) Interlibrary Loan Center Grant by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. Said Agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ John M. Knight. John M. Knight, Assistant City Attorney A copy of the Agreements are filed with Resolution No. 2001-R0371. The West Texas State Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library and Archives Commission. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries that are members of the system. Also, the system encourages the establishment of public libraries in communities that do not have library services. At the end of the current state fiscal year (SFY 2001), 34 libraries were qualified for membership. The Lubbock City -County Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1, 1974. This year is the 28th annual such contract renewal. — As the Major Resource Center, the Lubbock City -County Library also serves as the headquarters for the ILL grant program and the Technical Assistance program. The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. The Technical Assistance program funds the hiring of a full-time Technical Advisor for public libraries in the WTLS service region. The 175 Regular City Council Meeting September 27, 2001 Page 176 Technical Advisor will provide training and technological assistance to all of these area libraries. These three programs are fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library and Archives Commission contracts with the City of Lubbock and Lubbock City - County Library for housing of staff and implementation of the service program components. The City of Lubbock will receive compensation of 9.03 % of direct charges to reimburse the cost of fiscal administration of the grant. The West Texas Library System Grant Contract #470-02009 is for $407,783. The Interlibrary Loan Grant Contract #771-02044 is for $68,890. The Technical Assistance Negotiated Grant Contract #476-02019 is for $79,991. Staff recommended approval of this contract and resolution. (25.) Resolution No. 2001-RO372 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2001-2002 use of in -kind services by City of Lubbock departments for special event support. RESOLUTION NO. 2001-RO372 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 2001-2002 use of in -kind services by City of Lubbock departments for special event support as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 27th day of September, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0372. At the January 9, 1997, City Council Meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for 176 Regular City Council Meeting September 27, 2001 Page 177 in -kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90% ($180,000) is earmarked for existing events, while the remaining 10% ($20,000) is targeted for new events. Each year, City staff conducts at least two training sessions for local non-profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least 45 days prior to the event. Once received, the application is reviewed by departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant application for in - kind City services based on the applicant's response to 9 subjective questions for each event. Each subjective question is worth up to 5 points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On August 28, 2001, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Application for in -kind services: Event In -Kind Percent In -Kind Requested Awarded Proposed TTU Homecoming $1,390 94% $1,307 Parade (October 6, 2001) Total $1,390 $1,307 To date, there is a total of $74,985 of in -kind services approved for FY 2001-2002 with a total of $1,307 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Since the event being recommended for approval is a new event, this would leave a balance of $18,693 of in -kind services that can be allocated for new special events in FY 2001-2002. The total amount approved for FY 2001-2002 for existing events is $74,985, leaving a balance of $105,015 available for existing events for FY 2001-2002. Staff recommended approving the application for the in -kind services to be provided through the Special Events Policy adopted by City Council. (26.) Resolution No. 2001-R0373 showing the Junior League of Lubbock Council support for plans to develop the Community Built Playground at McAlister Park. 177 Regular City Council Meeting September 27, 2001 Page 178 RESOLUTION NO. 2001-RO373 WHEREAS, the City Council of the City of Lubbock hereby shows support for the Junior League of Lubbock's plans to develop the Community Built Playground at McAlister Park; and WHEREAS, the Junior League has allocated $150,000.00 for seed money and dedicated volunteers for the duration of the Community Built Playground project; and WHEREAS, the site selection committee has recommended McAlister Park as the site for the Community Built Playground; and WHEREAS, the Junior League is planning to gather the resources to build the project and has also committed to the long-term care and maintenance of the Community Built Playground. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Lubbock shows support for the Junior League of Lubbock's plans to develop the Community Built Playground at McAlister Park. Passed by the City Council this 27th day of September, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney As part of the Lubbock Beautification Impact Area, the Junior League of Lubbock began researching a community playground project in April of 1999. After extensive research by an Ad Hoc Committee, the Junior League allocated $150,000 for seed money and dedicated volunteers for the duration of the project. The Community Playground will involve all ages in both the design and the construction of the playground. The Site Selection Committee has reviewed many potential sites for the playground. Criteria for the site included location, neighborhood context, sensory criteria (visual, audible, olfactory), natural features, man-made features, circulation and microclimate conditions. Upon extensive review of the potential sites, the site selection committee has recommended McAlister Park as the site for the Community Built Playground. The Junior League is planning to gather the resources to build the project. The Junior League has also committed to the long term care and maintenance of the playground. An agreement between the Junior 178 Regular City Council Meeting September 27, 2001 Page 179 League and the City concerning the playground will be presented to the City Council later this year. The timeline for the project is to hold Design Day on February 12, 2002 and build is scheduled for the fall of 2002. The Junior League is dedicated to researching and developing community projects. Their goal is to develop projects and ultimately turn them over to the community. Past developed projects include the Ronald McDonald House, Safety City, Fire Safety House and the Children's Advocacy Center. During their August 28, 2001 Parks and Recreation Advisory Board meeting, the Parks and Recreation Advisory Board recommended the approval of McAlister Park as the site for the Community Built Playground. (27.) Resolution No. 2001-RO383 authorizing the Mayor to execute an agreement between Broadway Festivals, Inc. and the City of Lubbock to provide funding to Broadway Festivals, Inc. to administer the continuation of the holiday and seasonal banner program. This item was moved to Regular Agenda and was considered following Item No. 15. RESOLUTION NO. 2001-RO383 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Holiday Lighting/Banner Agreement between the City and Broadway Festivals, Inc., a copy of which Agreement is attached hereto, and any associated documents, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0383. 179 Regular City Council Meeting September 27, 2001 Page 180 Several years ago, Broadway Festivals, Inc. (BFI) and Texas Tech University each developed banner programs which have enhanced the City's image and appearance. Broadway Festivals has provided both banners and holiday decorations on the light poles along Broadway at various times of the year. Texas Tech University has invested over $30,000 in its banner program, which incorporates the major thoroughfares surrounding the University, i.e. 191h Street, University, Brownfield Highway and Indiana Avenue. To complete the current Broadway banner program with Winter -Spring and other seasonal banners, further enhance the program by expanding the program to areas around the Civic Center as well as assist with some outstanding issues, additional funding is needed as follows: 1) BFI, as the administrator of the Holiday Lighting Committee organized by Mayor Sitton, raised $123,017 from the private sector and is requesting $11,800 as a match from the City of Lubbock. The $11,800 will complete payments of the initial program. 2) Further enhancement of the banner project on Broadway by providing funding for Winter -Spring and other seasonal banners, assist in extending the program from I-27 to MLK Boulevard and developing a banner program around the Civic Center area. The estimated cost will be $60,000. The banners in the Civic Center area will be designed to reflect the cultural, educational and entertainment activities that take place in the Civic Center District area. The current light poles from I-27 to MLK do not have brackets for the banners, however there are plans to replace the existing light poles with new ones that will have brackets installed. So as not to duplicate funds spent on brackets, it makes more sense and is practical to wait until the new poles are installed before extending the banner program to MLK. 3) Currently, the City of Lubbock is awaiting final word on funding for streetscape improvements along University and North University. Future plans include establishing a banner program for the North University area that will extend from University (at 4`h Street) to the entrance of Buddy Holly Park. The estimated cost of developing this banner program is estimated to be $27,000 and funds for this project will be contingent upon the Streetscape Improvements funding for University. The total cost for matching funds, the Broadway Winter -Spring banner program, and the Civic Center District area banner program is approximately $71,800. Civic Lubbock, Inc. has been approached to fund a portion of these banner projects and committed up to $30,000 to assist with the projects. With Civic Lubbock, Inc. funding this project at $30,000, there is still a shortfall. Funds for the remaining projects (shortfall) have been identified and are available through General Capital Projects. Staff is requesting $41,800 be allocated from the General Capital Projects to assist with these projects and that an agreement between Broadway Festivals, Inc. and the City of Lubbock be approved. Broadway Festivals, Inc. will be the administrative agent for the funds and oversee the expenditure of the funds. These efforts are all a part of the "image enhancement" program, which started when the City applied for grant monies to fund the Broadway Streetscape project. With the City contributing to the project, it will become a true public/private partnership. I3 Regular City Council Meeting September 27, 2001 Page 181 To further enhance the banner program in the City, staff is requesting approval of an agreement between Broadway Festivals, Inc. and the City of Lubbock. The agreement will provide funding in the amount of $41,800 for the continuation of the banner program. This project will provide banners to finish the program on East Broadway as well as enhance the banner program on Broadway. It will also establish a banner program at the Civic Center District. Funds are available from General Capital Projects. Staff recommended approval of this item. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to approve Resolution No. 2001-R0383. Motion carried: 5 Yeas, 0 Nays. Mayor Sitton had stepped away from the dais. Next item to be considered was Item No. 44. (28.) Resolution No. 2001-RO374 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an interlocal agreement and all related documents between the City of Lubbock and the Texas Workforce Commission. RESOLUTION NO. 2001-RO374 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 Data Exchange Services Contract Interlocal Agreement between the City of Lubbock and Texas Workforce Commission, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0374. This information is needed to report to the State and to the Federal agencies on our success in the programs. A list will be provided to the State to gain the information requested on program participants. They will then send the requested information back. Community Development recommended the approval of this resolution authorizing the Mayor to execute this interlocal agreement. 181 Regular City Council Meeting September 27, 2001 Page 182 (29.) Resolution No. 2001-RO375 authorizing the Mayor and City Council to approve and execute a grant application for Federal Empowerment Zone Funds and all related documents. RESOLUTION NO. 2001-RO375 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application for Federal Empowerment Zone Funds, and all related documents. Said Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Application is filed with Resolution No. 2001-R375. On June 25, 1998, the City Council appointed a 61-member board to serve as the Empowerment Zone (EZ) Steering Committee. This ad hoc committee consisted of members from neighborhood associations, nonprofit agencies, public and private organizations, and business representatives. The EZ Committee met from June through August 10 to develop a strategic plan for Lubbock's proposal as an Empowerment Zone. The City was not awarded EZ status during that application. The Housing and Urban Development Department has issued a round three of the EZ program. This program is only offering tax incentives; no grant funding is included in this round. This is an updated version of the previous application to reflect round three's guidelines. The City Council and County Commissioners Court both need to approve the proposal prior to the proposal's submission to the U.S. Department of Housing and Urban Development by September 28, 2001. Staff recommended the Mayor and City Council approve and execute the federal grant proposal for designation of a federal Empowerment Zone. (30). Resolution No. 2001-RO385 authorizing the Mayor to execute a grant agreement and related documents for the State of Texas Telecommunications Infrastructure Fund Board (TIFB) for a planning grant and an implementation grant for community networking. 182 Regular City Council Meeting September 27, 2001 Page 183 This item was moved to Regular Agenda and was considered following Item No. 44. RESOLUTION NO. 2001-RO385 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement between the City of Lubbock and the State of Texas Telecommunications Infrastructure Fund Board (TIFB) for a Planning Grant and an Implementation Grant for Community Networking for the City of Lubbock, 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 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ron Lewis Ron Lewis, Assistant to the City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2001-R0385. Last year Council directed staff, through the Lubbock City Council Goals/Strategies, March 2000, to "Close the "digital divide" by involving learning institutions and corporate sponsors." Staff immediately began to seek funding to accomplish your directive, and received CDBG funds to operate an existing computer learning lab at the Maggie Trejo Supercenter for an after -school program for school -age children. Expansion of our program has led to cooperation with many other public, private, and non-profit organizations to accomplish your goals. Staff recognized the need for a comprehensive plan to identify the existing needs and available resources within our community relating to the "digital divide." The State of Texas TIFB was established to address the needs of Texans. "The mission of TIF is to help Texas deploy an advanced telecommunications infrastructure by stimulating universal and scaleable connectivity for public schools, higher education, public libraries, and non-profit healthcare facilities. The agency provides both Competitive and Non-competitive grant opportunities. TIF is fundamentally responsible for producing grant guidelines and eligibility criteria, assisting in the management of grant programs, and processing payments 183 Regular City Council Meeting September 27, 2001 Page 184 to grantees, with respect to the guidelines provided in the agency's Grant Management Handbook." On July 17, 2001 the City of Lubbock, "Access Lubbock", Lubbock City -County Library, submitted an application for a TIFB Community Networking (CN2) Planning Grant in the amount of $22,500. Staff were notified on September 17, 2001 that staff were awarded funds not only for the Planning Grant as originally requested, but also upon completion and acceptance by TIFB staff will receive Implementation Grant funds in the amount of $500,000. An initial meeting of our Collaborative Partners has been held and weekly meetings are being scheduled to collect the necessary information to complete the Community Networking Plan. The Community Networking Plan is due to the TIFB on or before February 1, 2002. Staff will report back to the City Council upon completion and submission of the Community Networking Plan for Lubbock "Access Lubbock. " Ron Lewis, Assistant to City Manager, spoke for the staff and staff recommended Council authorize the Mayor to sign the grant agreement and all related documents to accept all computers, associated equipment, improvements to facilities, software, and maintenance agreements necessary to fulfill the requirements of the TIFB Grant. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve Resolution No. 2001-R0385. Motion carried: 6 Yeas, 0 Nays. Next item to be considered was Item No. 39. (31.) Resolution No. 2001-RO376 authorizing the Mayor to execute a contract for services with the Texas Tech Health Sciences Center School of Medicine Department of Pediatrics Child Advocacy Research and Education (C.A.R.E.) Center for one year. RESOLUTION NO. 20021-RO376 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Services in Investigations of Child Abuse by and between the City of Lubbock and the C.A.R.E. Center of Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics, 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 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting September 27, 2001 Page 185 APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude T. Jones, Acting Chief of Police APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0386. The Lubbock Police Department (LPD) is requesting a renewal of the annual contract between the City of Lubbock and the Texas Tech Health Sciences Center School of Medicine-C.A.R.E. Center. The C.A.R.E. Center staff conducts physical and laboratory examinations of child victims of sexual assault and/or physical abuse when referred to them by the LPD. The contract provides for the City to pay the C.A.R.E. Center $450 per child examination. In the event additional services are required to adequately evaluate a referred case for forensic purposes, the additional service(s) will be authorized by the LPD Chief prior to the performance of the service(s). In no event shall the fee for a referred case exceed $450 without prior authorization, nor shall the C.A.R.E. Center assess a monthly fee when no services are received. The LPD is lawfully charged with the investigation of incidents involving alleged child physical and sexual abuse. The C.A.R.E. Center provides the City with a specialized service by forensic evaluations of alleged abuse. Due to these factors, staff strongly recommended the renewal of this contract and the resolution. (32.) Resolution No. 2001-RO377 authorizing the Mayor to accept and execute a State administered, federally financed Speed Step Program, with emphasis on speed compliance, targeting reduction in speed related crashes, with reduction in death and serious bodily injury. RESOLUTION NO. 2001-RO377 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute and accept for and on behalf of the City of Lubbock a $50,000.00 Grant Agreement for the Speed Selective Traffic Enforcement Program and any associated documents, by and between the City of Lubbock and the Texas Department of Transportation. Said Grant Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 185 Regular City Council Meeting September 27, 2001 Page 186 APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Interim Chief of Police APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 2001-R0377. This is a grant program utilizing off duty personnel working overtime to enforce non-compliance of designated speed limits within targeted areas of the City. This enforcement program will be conducted during fiscal 2001/02. Awards for this grant have been set beginning October 1, 2001 upon approval of the Lubbock City Council. This is a 50150 grant in the amount of $100,000 to be administered during the period October 1, 2001 through September 30, 2002. Matching funds are budgeted in the General Fund. The Police Department recommended the approval of this resolution of the SPEED STEP project grant. (33.) Resolution No. 2001-RO378 appointing temporary and substitute judge (Barbara Dickerson, Associate Judge) for the Lubbock Municipal Court of Record. RESOLUTION NO. 2001-RO378 WHEREAS, Subsection 30.00008(b) of the Government Code of the State of Texas provides that the governing body of the City of Lubbock may appoint one or more temporary substitute judges for the Lubbock Municipal Court of Record; and WHEREAS, such temporary substitute judges shall meet the same qualifications to serve as are required of a regular municipal judge; and WHEREAS, the City Council of the City of Lubbock has determined that it is in the best interest of the citizens of the City of Lubbock to appoint the following named persons as temporary substitute judges for the Municipal Court of Record; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following named persons are hereby appointed temporary substitute judges of the Lubbock Municipal Court of Record. Laura Monroe Enrique Martinez David A. Ellison Ramon Gallegos Michele Hart Jim Aldridge SECTION 2. THAT said temporary substitute judges shall serve as needed and at the pleasure of the Presiding Judge of the Lubbock Municipal Court and said temporary substitute judges shall receive such pay as shall be provided for such positions by the City Council in the annual City of Lubbock budget. :C Regular City Council Meeting September 27, 2001 Page 187 Passed by the City Council on this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Robert A. Doty Robert Doty, Municipal Judge APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney Due to a personal situation involving one of the present night magistrates, it is necessary to appoint an additional Associate Judge to fill a limited number of the magistration slots each month (approximately 6-8 slots). In addition, it is anticipated that another of the night magistrates will be resigning in the near future. Appointment of an additional judge at this time will alleviate some of the problems that will arise when it becomes necessary to fill that position. The Associate Judge will act under the direction of the Presiding Judge. Compensation for the positions is recommended to be $50 per hour (budgeted amount). This will not require any additional budgeted funds, as the total number of magistrations (slots) per months will not change. Staff would simply be appointing an additional judge to share the original number of slots. The Municipal Court Judge recommended approval of the resolution. (34.) Resolution No. 2001-RO379 authorizing the Mayor to sign a resolution naming Lubbock Power & Light's newest substation to be constructed at 581h and Bangor after Paul Evans Thompson, Director of Electric Utilities, and renaming the South Substation, located at 106" South Indiana Avenue, after Derrell Oliver, Assistant Director of Electric Utilities. RESOLUTION NO. 2001-RO379 WHEREAS, the Electric Utility Board of the City of Lubbock, Texas, on September 18, 2001, has recommended to the City Council of the City of Lubbock that the newest electric substation located at 58`h and Bangor Avenue be named in honor of the Director of Electric Utilities, Paul Evans Thompson; WHEREAS, the Electric Utility Board of the City of Lubbock, Texas, on September 18, 2001, has also recommended to the City Council of the City of Lubbock that the substation currently referred to as South Substation and located at 1061h Street and South Indiana be renamed in honor of the Assistant Director of Electric Utilities, Derrell Oliver; 187 Regular City Council Meeting September 27, 2001 Page 188 WHEREAS, Paul Thompson has provided exemplary leadership and guidance as Director of Electric Utilities of Lubbock Power & Light for and on behalf of the City of Lubbock; WHEREAS, Derrell Oliver has provided exemplary leadership and guidance as Assistant Director of Electric Utilities of Lubbock Power & Light for and on behalf of the City of Lubbock; WHEREAS, naming the electric substations in honor of the individuals named above would be consistent with the tradition established by the City of Lubbock in naming Lubbock Power & Light's substations after administrative personnel of Lubbock Power & Light; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Substation located at 58`h Street and Bangor Avenue is hereby named the Paul Evans Thompson Substation in recognition of the dedicated, professional leadership and guidance as Director of Electric Utilities of Lubbock Power & Light on behalf of the City of Lubbock by Paul Thompson. THAT the Substation located on South Indiana is hereby renamed the Derrell Martin Oliver Substation in recognition of the dedicated, professional leadership and guidance Assistant Director of Electric Utilities of Lubbock Power & Light on behalf of the City of Lubbock by Paul Thompson. Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Assistant City Attorney At its meeting of September 18, 2001, the Electric Utility Board unanimously requested that Lubbock Power and Light's Electric Substations be named or renamed in honor of Paul Thompson, current Managing Director of Electric Utilities, and Derrell Oliver, the current Assistant Director of Electric Utilities. This recommendation is in keeping with the policy of naming electric distribution facilities in honor of the Utility Management as is the case with Chalker, McCullough, and McDonald substations. Mr. Thompson has been employed by the Utility for 9 '/2 yearsand Mr. Oliver has served over 10 years. The Electric Utility Board recommended that the City Council approve the resolution. (35.) Resolution No. 2001-R0380/RFP #130-01/RW—Technology Pager Service (Telecommunications). Regular City Council Meeting September 27, 2001 Page 189 RESOLUTION NO. 2001-RO380 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 technology pager service, by and between the City of Lubbock and Stenocall 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 27th day of September, 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-R0380. This contract is for paging service for the City of Lubbock. The City of Lubbock currently has 677 pagers. The responses to the Request for Proposals (RFP) were for local, state and nationwide paging, which is what the City of Lubbock currently uses. The selection committee ranked the respondents to the RFP as follows: Stenocall of Lubbock, TX 91.75 South Plains Communication of Lubbock, TX 88.25 H Com International, Inc. of Plano, TX 84.25 Proposals were evaluated and ranked using the following evaluation criteria: • Proposed qualifications/experience/references with other institutions similar in size to the City of Lubbock and ability to provide local support to the City of Lubbock as required. (25 %) • The per -unit cost per pager including maintenance and warranty. (35 %) • An assessment of the vendor's ability to provide timely service of the highest quality for the specific types of equipment required by this RFP, including future needs through enhancements and emerging technologies. (25 %) Regular City Council Meeting September 27, 2001 Page 190 • The respondent's record of providing service and support for the types of equipment and the likelihood of a continuing ability to maintain the highest level of support and maximum availability of the product. (15 %) Staff recommended contract award to Stenocall of Lubbock, Texas. The contract dollar amount is based on the number and type of pagers and is within the Telecommunications Department budget. The contract represents approximately $62,000 annually. (36.) Resolution No. 2001-RO381/BID #204-01/RS-C-onsider one resolution for Godeke Branch Library Terrace Addition (Facilities Management). RESOLUTION NO. 2001-RO381 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #204- 01/RS for the Godeke Branch Library Terrace Addition, by and between the City of Lubbock and Saunders Construction 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 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /S/ William de Haas William de Haas, Contract Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of September, 2001, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Saunders Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the 190 Regular City Council Meeting September 27, 2001 Page 191 conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #204-01/RS - Godeke Branch Library Terrace Addition - $46,400.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Kay Saunders CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Saunders Construction, Inc. By: /s/ Kay Saunders PRINTED NAME: Kay Saunders TITLE: Vice President COMPLETE ADDRESS: Saunders Construction, Inc. 4405 Clovis Road Lubbock, Texas 79416 This project involves the construction of a terrace addition on the eastern portion of the Godeke Library. The renovations will include a new patio and railing. The low bid is $46,400 from Saunders Construction, Inc. of Lubbock, Texas and is within the Building Capital Outlay-Godeke Library Renovations budget. (37•) Resolution No. 2001-R0382/BID #206-01/RS-C-onsider one resolution for Lubbock Power & Light Engineering Office Renovations (Facilities Management). 191 Regular City Council Meeting September 27, 2001 Page 192 I�Y�T�� 1�� C��Q�j � 3�X�:I►� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #206- 01/RS for the Lubbock Power & Light Engineering Office Renovations, by and between the City of Lubbock and Sandia Construction, 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 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of September, 2001, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Sandia Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #206-01/RS - Lubbock Power & Light Engineering Office Renovations - $245,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. 192 Regular City Council Meeting September 27, 2001 Page193 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Shirley Durbin CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Sandia Construction, Inc. By: /s/ Greg M. Durbin PRINTED NAME: Greg M. Durbin TITLE: President COMPLETE ADDRESS: Sandia Construction, Inc. 2723 81" Street Lubbock, Texas 79423 This project involves the renovation of the old Police Academy. The renovation will allow for the Engineering Department of LP&L to relocate from its current location at the Municipal Square to the new renovated facility. The completion of this project will allow for the next phase of the Police Department Renovations at the Municipal Square. The low bid is $245,000 from Sandia Construction, Inc. of Lubbock, Texas and is within the Building Capital Outlay -Remodel Facilities Engineering budget. (38.) BID #219-01/RS-Sideloading Refuse Containers -Annual Pricing (Solid Waste). This bid is for replacement containers that will be used to provide solid waste collection services to annexed residents when their contracts expire with private haulers. The low bid is $164,250 from Caprock Welding and Supply of Lubbock, Texas and is within the Equipment Capital Outlay -Container Replacement 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. 193 Regular City Council Meeting September 27, 2001 Page 194 Next item to be considered was Item No. 15. PUBLIC HEARINGS These items were considered following Item No. 30. (39.) Ordinance No. 2001-00081 - Zone Case No. 1193-B (4002 North IH 27): Hold a public hearing to consider request of Shawn Fuller (for D&S Mobile Home Center, Inc.) for a zoning change from R-1 to IHC Specific Use and IHI Specific Use for manufactured home sales, storage, and remanufacturing on Block 5, Edsall Acres Addition. ORDINANCE NO.2001-00081 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1193-13; A ZONING CHANGE FROM R-1 TO IHC SPECIFIC USE AND IHI SPECIFIC USE ZONING FOR MANUFACTURED HOME SALES, STORAGE AND REMANUFACTURING ON BLOCK 5, EDSALL ACRES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 1:46 p.m. Shawn Fuller appeared on behalf of D&S Mobile Home Center, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 1:58 p.m. Mr. and Mrs. Fuller proposed and were approved for IHC Specific Use zoning several years ago on two parcels, the mobile home park to the north and the north half of the property included in this case. Without platting and prior to completion of the original Specific Use case, Mr. Fuller moved manufactured homes on the site and opened his business. In addition, Mr. Fuller took possession of a large number of wrecked and burned manufactured homes and stored them on the east portion of the south lot. Neither the original R-1 zoning district nor conditions of the IHC Specific Use Permit allowed the damaged unit storage. The neighborhood to the east was justifiably upset. EIS has yet to achieve compliance for removal of all of the junk units, and only a small portion of the screening fence that was required in the previous zone case is constructed. After several years a screening fence on Elm was completed, although it is not supposed to have a gate since the area to the east is R-1 and a solid screen is required. Mr. Fuller does have an ongoing issue with the Texas Department of Transportation regarding access from the Interstate, so the entry from Elm was his only access to the site before he acquired the parcel comprising the south half of this request. This background is not intended to create bias for the decision making process for the new zone case. A lack of communication during the last zone case and on the original site plan created an enforcement issue that continues. The staff objective is to have a clear understanding by the Fullers of what the Planning Commission and the City Council expect for this development. The last three years has not been a pleasant experience for the Fullers or the staff. After more than two and one half years of attempts to have Mr. Fuller bring the property into compliance, the staff issued an administrative opinion that he never completed the requirements of the original Specific Use permit. That ruling caused the zoning to lapse to R-1 after thirty 1«! Regular City Council Meeting September 27, 2001 Page 195 months as indicated in the ordinance. An appeal of the ruling to the Zoning Board of Adjustment produced a finding in favor of the staff position. As the only alternative to vacating the property, Mr. Fuller is filing the zone case for the manufactured home sales/refurbishment/storage again with additional land. The current operation of the lot is illegal with regard to the R-1 zoning. The proposal in this case must again be considered as a Specific Use permit because Mr. Fuller is asking to not meet several of the standard — requirements, paving and setback in particular, of the Interstate districts. The objective of staff in this case is to firmly establish the conditions of a new permit, not to hash old issues. The staff is of the opinion that Mr. Fuller should comply with the same or similar conditions related to opening and operation of a manufactured home business that apply to his competitors. In addition, the parcel is adjacent to I-27, where the Interstate districts were developed to address both land uses and the appearance of new development on a major entryway to Lubbock. The request is submitted as Interstate Commercial on the west 350 feet of the two parcels. The east 675 feet is proposed as Interstate Industrial. To accommodate the unpaved drive approach and the twenty five-foot setback, a Specific Use Permit is in order. Adjacent land uses: North - existing mobile home park operated by the Fuller family South - vacant East - residential and agricultural West - I-27 The proposal is consistent with the Comprehensive Land Use Plan for this area. The issue of compliance with screening and storage of wrecked manufactured homes is the primary topic of zoning policy discussion. Following are staff recommendations for consideration which were approved by the Planning Commission: The Planning and Zoning Commission recommended approval of this request subject to the following conditions: a. The west 350 feet shall be zoned IHC Specific Use. b. The east 675.48 feet shall be zoned IHI Specific Use. c. The land, while used in conjunction with manufactured home sales and service, shall be controlled with the following conditions: • The 400 foot refurbishment area shall be fully screened on the south and west and east sides, except for entry gates on the east and west (the east fence shall not be required if the storage area noted below provides an east fence). If the south lot is used, the same screening shall be provided. This screening shall not include "as the use of the area expands", but the entire 400 feet from the outset. Display units may be used for screening on the west line, otherwise picket fencing shall be used. The fencing shall be installed by February 1, 2002. • Refurbishment shall not include rebuilding/reconstruction. Typical paint -up, fix -up of experienced units shall be the limit of refurbishment. 195 Regular City Council Meeting September 27, 2001 Page196 • If the east 275.48-foot area is used for storage (see next bullet), a screening fence shall be installed on the entire east (Elm) side and the south side of the north parcel, and relocated to the new south line if the business is expanded to the south parcel. A gate may be installed in the fence along Elm, but shall be closed at all times unless a unit is being moved. After the move, the gate shall remain closed. • Units damaged beyond minor repair and/or refurbishment shall not be allowed in the storage area. All existing wrecked and heavily damaged units shall be removed by January 1, 2002. — • The display, refurbishment and storage areas may use crushed material versus asphalt. (The staff has asked the Fullers to further define "crushed material for inclusion in these written requirements. If staff have no response, staff will ask for the explanation during the hearing) . • The display area adjacent to I-27 shall maintain a minimum twenty- five (25) foot setback for display units and the office. • The 25-foot area adjacent to I-27, less any drives, shall be landscaped with turf and shrubs, with trees optional. • Platting of the property shall be completed by December 1, 2001. • If the property ceases use as a manufactured home sales/storage facility, the zoning shall revert to IHC and IHI respectively for the west and east portions. The proposal should have no effect on the thoroughfare system. All the staff is seeking is compliance, not to see the business fail. If the case is approved with the proposed conditions, and Mr. Fuller meets the requirements, the staff supports the request. The Planning Commission asked Mrs. Fuller if they would be able to comply with the proposed conditions within the proposed time frame. The answer was "yes". Attempts to have compliance with the last zone case have not been successful. If the Council is not convinced that Mr. Fuller can comply with the proposed ordinance, the staff recommended denial. Randy Henson spoke for the staff and related that several items were in the process of being taken care of by Mr. Fuller. Councilmembers questioned Mr. Fuller concerning the deadlines to be met. Motion was made by Councilman McDougal, seconded by Councilman Hernandez to approve first reading of Ordinance No. 2001-00081 with the condition that all dates in this zoning case are met and the fencing must be up and completed by February 1, 2002. If not it reverts back to R-1 on February 2nd. Motion carried: 6 Yeas, 0 Nays. (40.) Ordinance No. 2001-00082 - Zone Case No. 2921 (northeast corner of Slide Road and 114`h Street): Hold a public hearing to consider request of Lubbock Development Inc. for a zoning change from T to C-4 and C-4 Specific Use on five unplatted tracts totaling 27.51 acres out of the southwest quarter of Section 16, Block E-2. ORDINANCE NO. 2001-00082 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING 196 Regular City Council Meeting September 27, 2001 Page 197 CHANGES: ZONE CASE NO. 2921; A ZONING CHANGE FROM T TO C-4 AND C-4 SPECIFIC USE FOR MINI WAREHOUSE DEVELOPMENT ZONING ON SIX UNPLATTED TRACTS TOTALING 27.51 ACRES OUT OF THE SOUTHWEST QUARTER OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 2:11 p.m. No one appeared on behalf of Lubbock Development, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 2:12 p.m. Randy Henson spoke for the staff. The land in question was annexed in 1999 with several of the buildings in place. The request includes C-4 with conditions on a portion, and C-4 Specific Use for the existing and proposed expanded mini -warehouse project. Adjacent land uses: North - Vacant South - Commercial East - Vacant West - Vacant The proposal is compatible with the Comprehensive Land Use Plan. The proposal is consistent with several previous zone cases between 98`h and 114' Streets, on the east -side of Slide. The proposal should not affect the thoroughfare system. Although Slide and 114" are two-lane strip paved at this time, they will eventually be seven lane streets. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: The proposed uses from C-4 that will be permitted are: • C-3 permitted uses • Ambulance service • Auto body shop • Auto brake shop • Auto glass shop • Auto seat cover and upholstery shop • Auto transmission shop • Auto sales and service • Barber and beauty supply • Boat and trailer sales/service • Candy plant • Canvas goods shop • Commercial private club and teenage club • Electrical equipment repair • Feed store • Frozen food lockers • Furniture store, used • Garage • Gas station • Greenhouse and plant nursery • Hotel or motel • Hot tamale plant • Janitorial or cleaning service • Job printing or lithographing 197 Regular City Council Meeting September 27, 2001 Page 198 • Magazine agency • Motor cycle shop • Muffler shop • Nonprofit training centers with retail sales • Pest control services • Print shop • Produce market • Rental store • Rental store, heavy equipment and trailers • Restaurants • Second hand goods store or pawnshop • Swimming pool sales • Upholstery shop - furniture • Veterinary hospital (totally within a building) • Wholesale house, sales office and storage The staff supports the request with the condition on the C-4 portion for the permitted uses and a Specific Use permit on the mini -warehouse portion. The staff supports the recommendation of the Planning Commission. Motion was made by Councilman Cooke, seconded by Councilman McDougal to approve first reading of Ordinance No. 2001-00082 as recommended by the staff.. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 2001-00083 - Zone Case No. 2922 (1101' Street and Salem Avenue): Hold a public hearing to consider request of Burl Masters (for Excel Development) for a zoning change from T to R-1, R-1 Specific Use and AM Specific Use for a single family homes with a private neighborhood community center and a restaurant on unplatted 58.85 acre, 3.41 acre, and 1.51 acre tracts of land out of the south half of Section 16, Block E-2. ORDINANCE NO. 2001-00083 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2922; A ZONING CHANGE FROM T TO R-1, R-1 SPECIFIC USE AND AM SPECIFIC USE ZONING ON AN UNPLATTED 58.85 ACRE, 3.41 ACRE, AND 1.51 ACRE TRACTS OF LAND OUT OF THE SOUTH HALF OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 2:13 p.m. Burl Masters appeared on behalf of Excel Development. No one appeared in opposition. Mayor Sitton closed the hearing at 2:15 p.m. The proposal is to zone an area that will be developed as large lot residential, R-1 Specific Use for a clubhouse area for the private community center and an AM Specific Use permit for a public restaurant that will overlook the playa. Adjacent land use is vacant in all directions. The Suncrest residential subdivision is developing to the north. The proposal is compatible with the Comprehensive Land Use Plan. The AM Specific Use permit for the restaurant is somewhat out of kilter with the Plan policy of commercial being located at the corner of major .: Regular City Council Meeting September 27, 2001 Page199 intersections. However, the proposal to use the view of the playa, adjacent to the private community center and the surroundings of the large lot subdivision take this proposal out of the normal commercial discussion. As AM, which is considered a buffer district, the basics of land use policy remain intact. If the restaurant is not built within 30 months, the zoning will revert to "T" . A mixed beverage permit will not be available at this location; it is outside the boundary of the 1972 wet/dry election. If the restaurant — offers alcoholic beverages, service would have to operate under a private club permit issued by TABC. The proposal is consistent with zoning policy. The proposal should not have a negative effect on the thoroughfare system. If the restaurant is not built within 30 months, the zoning will revert to T. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Motion was made by Councilman Cooke, seconded by Councilman Morrison to approve first reading of Ordinance No. 2001-00083 as recommended by the staff. Motion carried: 6 Yeas, 0 Nays. Next item to be considered was Item No. 45. ADMINISTRATIVE SERVICES FINANCE (42•) Ordinance No. Considering all matters incident and related to the issuance and sale of "CITY OF LUBBOCK, TEXAS, WATERWORKS REVENUE REFUNDING BONDS, TAXABLE SERIES 200111, including the adoption of an ordinance authorizing the issuance of such bonds and approving and authorizing the execution of an indenture of trust and security agreement, bond purchase agreement, letter of credit and reimbursement agreement, hedge agreement, remarketing agreement and escrow agreement in relation thereto. This item was deleted. (43.) Ordinance No. authorizing the Mayor to execute an agreement for financial products by and between the City of Lubbock and the First Southwest Company. This item was deleted INFORMATION TECHNOLOGY (44•) Resolution No. 2001-RO384 authorizing the Mayor to execute an interlocal agreement between the City and the County of Lubbock regarding adding the Sheriffs Department to the City's Public Safety Radio System. 199 Regular City Council Meeting September 27, 2001 Page 200 RESOLUTION NO. 2001-RO384 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 800MHz Trunked Radio Agreement, by and between the City of Lubbock and the County of Lubbock 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 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Director of Information Technology APPROVED AS TO FORM: /s/ Amy L. Sims Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0384. This item was considered following Item No. 27. The City installed a Trunked 800 Mhz Radio System in 1995. This Radio System has been used by City Public Works and Public Safety Departments, including the Police Department, as well as external agencies such as EMS, the Red Cross, etc. At this time the Sheriff's Office and the Police Department can communicate only through phone lines. To expedite communication between the officers from both agencies, the Sheriff's Department has requested that they be added to the City's Radio System. Using some grant funds the Sheriff's Department, through the City's Radio Shop, is purchasing 35 mobile radios and 76 handheld radios. With both agencies on the same Radio System, the communication will be vastly improved. This will go a long way to meeting the "Achieving the Goal" concept outlined by Senator Duncan. Sharlett Chowning, Director of Information Technology spoke for the staff. Also present were County Commissioners Kenny Maines and Patty Jones and Paul Scarbrough, Chief Deputy for the Lubbock County Sheriff's Department. Mr. Scarborough also spoke to Council. Staff recommended approval of this resolution. 200 Regular City Council Meeting September 27, 2001 Page 201 Motion was made by Councilman Hernandez, seconded by Councilman McDougal to approve Resolution No. 2001-RO384 as recommended by the staff. Motion carried: 5 Yeas, 0 Nays. Mayor Sitton had stepped away from the dais. 12:00 P.M. CITY COUNCIL REGULAR SESSION RECESSED 1:43 P.M. CITY COUNCIL REGULAR SESSION RECONVENED Mayor Pro Tern Ty Cooke called the meeting to order at 1:43 P.M. The next item to be considered was Item No. 30. 1:45: P.M. Mayor Sitton returned to the dais. DEVELOPMENT SERVICES BUSINESS DEVELOPMENT Items (45) and (46) were considered together following Item No. 41. (45.) Resolution No. 2001-RO386 considering a joint resolution of the City Council of the City of Lubbock and the County Commissioners of Lubbock County to adopt Guidelines and Criteria For Industrial Tax Abatement agreements in accordance with the Property Redevelopment and Tax Abatement Act. RESOLUTION NO. 2001-RO386 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY TO ADOPT GUIDELINES AND CRITERIA FOR INDUSTRIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, in September/October of 1999, Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County were approved; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT JOINTLY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY: THAT the City Council of the City of Lubbock and the County Commissioners of Lubbock County hereby approve and adopt Guidelines and Criteria Governing Industrial Tax Abatement for all Taxing Units within Lubbock County, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon expiration of the previously approved guidelines. 201 Regular City Council Meeting September 27, 2001 Page 202 Passed by the City Council this 27th day of September, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Passed by the Lubbock County Commissioners this 8th day of October, 2001. /s/ Tom Head TOM HEAD, COUNTY JUDGE ATTEST: /s/ Doris Ruff Doris Ruff, County Clerk The criteria and guidelines for industrial tax abatement, by law, must be readopted every two years. The current guidelines were adopted by the City Council on September 23, 1999. City and Market Lubbock, Inc. staff is recommending minor changes to the guidelines that are mostly due to changes in the law which the City of Lubbock sponsored. The two most significant of those changes are: The ability to contract with companies, who are leasing a facility, for tax abatement on tangible personal property Change in the recapture clause of the contracts that will allow us to recapture based on jobs. All of the changes recommended in these guidelines are based on changes in the law governing tax abatement or the enterprise zones. Some of these changes will increase Market Lubbock, Inc.'s flexibility or ability to negotiate with prospects. Market Lubbock, Inc. and City staff recommended approval of the resolution. David Sharpe spoke for Market Lubbock, Inc. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to approve Resolution No. 2001-R0386 as recommended by the staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. 202 Regular City Council Meeting September 27, 2001 Page 203 (46.) Resolution No. 2001-RO387 considering a joint resolution of the City Council of the City of Lubbock and the County Commissioners of Lubbock County to adopt Guidelines and Criteria For Commercial Tax Abatement agreements in accordance with the Property Redevelopment and Tax Abatement Act. RESOLUTION NO. 2001-RO387 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY TO ADOPT GUIDELINES AND CRITERIA FOR COMMERCIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, there have been created three enterprise zones within the areas under the jurisdiction of the City of Lubbock and the County of Lubbock; and WHEREAS, in the September/October of 1999, each of the above described entities approved uniform guidelines and criteria for the application of incentives within the designated enterprise zones; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT JOINTLY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY: THAT the City Council of the City of Lubbock and the County Commissioners of Lubbock County hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for Commercial Projects within the designated City of Lubbock Enterprise Zones, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon expiration of the previously approved guidelines. THAT this Resolution in no manner effects additional local incentives which may be added or deleted by the various governing bodies during the life of the enterprise zones as required to obtain the best possible mix of incentives to insure the success of the enterprise zone program. Passed by the City Council this 8th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver 203 Regular City Council Meeting September 27, 2001 Page 204 First Assistant City Attorney Passed by the Lubbock County Commissioners this 8th day of October, 2001. /s/ Tom Head TOM HEAD, COUNTY JUDGE ATTEST: /s/ Doris Ruff Doris Ruff, County Clerk A copy of Exhibit "A" is filed with Resolution No. 2001-R387. The criteria and guidelines for commercial tax abatement, by law, must be readopted every two years. The current guidelines were adopted by the City Council on September 23, 1999. City and Market Lubbock, Inc. staff is recommending minor changes to the guidelines that are mostly due to changes in the law which the City of Lubbock sponsored. The two most significant of those changes are: The ability to contract with companies, who are leasing a facility, for tax abatement on tangible personal property. Change in the recapture clause of the contracts that will allow us to recapture based on jobs. All of the changes recommended in these guidelines are based on changes in the law governing tax abatement or the enterprise zones. Some of these changes will increase Market Lubbock, Inc.'s flexibility or ability to negotiate with prospects. Market Lubbock, Inc. and City staff recommended approval of the resolution. David Sharpe spoke for Market Lubbock, Inc. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to approve Resolution No. 2001-RO387 as recommended by the staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez had stepped away from the dais. 2:56 P.M. Councilmember Hernandez returned to the dais BOARD APPOINTMENTS (47.) Consider two appointments to the Housing Finance Board of Directors. Motion was made by Councilmember Morrison, seconded by Councilmember Cooke, to reappoint Carlos Thornton and to appoint Carl Odom to the Housing Finance Board of Directors. Motion carried: 6 Yeas, 0 Nays. (48.) Consider one appointment to the Lubbock Emergency Communication District Board of Managers. Motion was made by Councilmember Morrison, seconded by Councilmember Cooke, to reappoint Sharlett Chowning to the Lubbock Emergency Communication District Board of Managers. Motion carried: 6 Yeas, 0 Nays. rm, Regular City Council Meeting September 27, 2001 Page 205 (49.) Consider one appointment to the West Texas Municipal Power Board. Motion was made by Councilmember Morrison, seconded by Councilmember Cooke, to reappoint Robert Massengale to the West Texas Municipal Power Board. Motion carried: 6 Yeas, 0 Nays. 2:20 P.M. COUNCIL RECESSES BACK TO WORK SESSION The next items considered were Items No. 9 and 10. 2:55 P.M. WORK SESSION RECESSED 3:00 P. M. COUNCIL ADJOURNED There being no further business to come before the Council, Mayor Pro Tern Cooke adjourned the meeting. Read and approved this 4 day of /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: Reb cca Garza, City Secretary 205