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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/15/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 15, 2001 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 15th day of November, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember T.J. Patterson Absent: Mayor Windy Sitton, Councilmember Frank Morrison, Councilmember David Nelson, CITIZEN COMMENTS No one appeared for citizen comments. EXECUTIVE SESSION Mayor Pro Tem Ty 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; Water Utilities); to discuss matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Water Utilities). 7:32 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Police Department; Water Utilities). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Keep Lubbock Beautiful Advisory Committee (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Water Utilities). 10:03 A. M. CITY COUNCIL WORK SESSION CONVENED Regular City Council Meeting November 15, 2001 Page 352 Committee Room 103 All councilmembers were present. ( 6.) Presentation concerning the sales and development of a mausoleum at the City of Lubbock Cemetery. J.D. Crouch, President, Crouch and Associates, LTD (30 minutes) In an effort to optimize burial space at the Lubbock Cemetery as well as increase revenues, a Request for Proposals for Professional Services for Mausoleum Sales and Development was developed and advertised. One proposal was received from Crouch and Associates. Crouch and Associates was established in 1982 and provides services for non-profit and city cemeteries. Crouch and Associates provides all of the funding, knowledge of mausoleum sales and development and personnel to see mausoleum projects through from start to finish. This is accomplished with no out-of-pocket cost to taxpayers. The program is designed to conserve land and create a revenue stream that would far exceed revenues from ground property sales. Typical mausoleum programs require large capital expenditures by the cemetery. Crouch and Associates will provide full funding for the project that includes payment of up -front advertising and sales costs as well as the construction costs. This will be escrowed for establishing perpetual care fund for the cemetery. Proposal Highlights include the following: Benefits: Complete funding for construction of project. Increased revenue. Beautification of the cemetery. Greater service to community by offering a wider variety of memorial selections. Sales Projection: Total # of Casket Spaces to be Constructed 1176 Average Retail Sales Price per Casket Space $3,400 Total Number of Niches 200 Average Retail Sales Price per Niche $1,155 Revenue to the Cemetery (Short -Term): Land Purchased by Crouch and Assoc. $12,000 Lifting Device Purchased by Crouch and Assoc. $10,000 Ten Percent of Crypt Sales $399,840 Ten Percent of Niche Sales $23,100 Projected Short -Term Revenue $444,940 Revenue to the Cemetery (Long -Term): 352 Regular City Council Meeting November 15, 2001 Page353 Future Crypts Openings and Closings $441,000 Future Niche Openings and Closings 25,000 Projected Long -Term Revenue $466,000 Total Projected Revenue $910,940 J.D. Crouch, Crouch and Associates, made a presentation to the City Council concerning the development and sales of a mausoleum at the City of Lubbock Cemetery. ( 7.) Presentation regarding survey results for funeral escort services. Claude Jones, Interim Chief of Police (20 minutes) This item was deleted. 10:40 A. M. WORK SESSION RECESSED 10:50 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and by Rebecca Garza, City Secretary Absent: None Mayor Sitton called the meeting to order at 10:50 A. M. ( 8.) Dr. Anne Epstein, President of Congregation Shaareth Israel gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. (10.) Presentation of a special recognition to the Lubbock County Bar Association commemorating November 12-16, 2001 as Keep Justice Alive Week. The week of November 12-16, 2001, has been designated "Keep Justice Alive" Week by the State Bar of Texas. The purpose of this week is to educate the public about the importance of the rule of law and their part in the legal system. The Lubbock County Bar Association, a local affiliate of the State Bar of Texas, is recognizing and celebrating this week by hosting several events. In addition to media coverage, they have arranged a tour of the Lubbock County Courthouse for the sixth grade classes from Rush Elementary. Mayor Sitton requested that Councilmembers Hernandez and Nelson assist her in presenting this special recognition. Mike McCauley, President of Lubbock County Young Lawyers and Beni Hemmeline, Secretary of Lubbock County Bar Association were present to accept. CONSENT AGENDA (Items 11-22) Motion was made by Councilmember McDougal, seconded by Councilmember Morrison to approve Items 11-22 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 353 Regular City Council Meeting November 15, 2001 Page 354 (11.) Ordinance No. 2001-00088 abandoning and closing a 20-foot alley in Block 163, Original Town Addition to the City of Lubbock (1213 141h Street) (first reading). ORDINANCE NO. 2001-R0088 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY LOCATED IN BLOCK 163, ORIGINAL TOWN OF LUBBOCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 20-foot by 130-foot alley portion immediately south of 14' Street between Avenue K and Avenue L. This alley closure is part of the Omni Center expansion and remodeling. The alley area being closed is under the Omni Center parking building and is only needed for utility easement purposes. The alley area being closed contains 2,600 square feet and has been valued at $1 per square foot by the Right -of -Way Department from adjacent land sales. The City will receive $2,600 for this alley area being closed. The Right -of -Way Department recommended approval of the first reading of this ordinance. (12.) Ordinance No. 2001-00089 abandoning and closing a portion of Avenue E located adjacent to Lot 1, Cameron Addition and Lot 1, McKee Addition to the City of Lubbock (2110 Avenue E) (first reading). ORDINANCE NO. 2001-R0089 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AVENUE E LOCATED IN SECTION 1, BLOCK B, ADJACENT TO LOT 1, CAMERON ADDITION, AND LOT 1, MCKEE ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes an 18,335 square foot portion of Avenue E north of 22°d Street, east of and adjacent to I-27. Avenue E is a dead-end street north of 22nd Street and Cameron Wholesale is the abutting property owner on the east side of Avenue E requesting this closure. The Right -of -Way Department has appraised this 18,335 square foot portion of Avenue E at $0.50 per square foot since it will remain as an easement, for a total due the City of $9,167.50. The Right -of -Way Department recommended approval of the first reading of this ordinance. (13.) Ordinance No. 2001-00090 terminating the Tax Increment Financing District created December 18, 1986 in Ordinance 8997 (first reading). 354 Regular City Council Meeting November 15, 2001 Page 355 ORDINANCE NO 2001-00090 AN ORDINANCE TERMINATING THE TAX INCREMENT FINANCING DISTRICT CREATED DECEMBER 18, 1986 IN ORDINANCE 8997. The City Council established a tax increment finance district under Urban Renewal Law in 1986 that will expire on December 18, 2001. Over the course of the district's 15-year life, property values in the designated area declined and a number of significant properties were acquired by tax-exempt organizations and removed from the tax roll. Therefore, the district's property values would have to increase by $26 million to reach the base value established in 1986. Because the area proposed for the Central Business District Tax Increment Financing Investment Zone includes some of the geographic area included in the 1986 TIF, this ordinance abolishes the 1986 TIF so that the two districts do not overlap in duration. The staff recommended approval of this ordinance terminating the existing Tax Increment Finance District as of the effective date of the ordinance establishing the Central Business District Tax Increment Financing Investment Zone. (14.) Resolution No. 2001-RO487 authorizing the Mayor to execute a monitor well permit with Southwest Convenience Stores, L.L.C. for use of a City street (1624 271h Street). RESOLUTION NO. 2001-RO487 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Southwest Convenience Stores, L.L.C. 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 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice 355 Regular City Council Meeting November 15, 2001 Page 356 A copy of said Agreements is filed with Resolution No. 2001-R0487. This monitor well permit allows Southwest Convenience Stores, L.L.C.'s representative, E.E.&G. of Midland, to drill a monitor well near the southwestern corner of Mose Hood Park north of 27"' Street, just east of Avenue Q. The 7-11 convenience store at the northwest corner of 27' Street and Avenue Q has had fuel leaking into the ground from a leaking fuel tank at this location. The TNRCC has requested that they go off site with this investigation to determine how far this fuel contamination has spread and has recommended by letter that they go on this park site. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $100 per year for this well location. The Right -of -Way Department recommended approval of this resolution. (15.) Resolution No. 2001-RO488 revising past resolutions 3334 and 5694 outlining Keep Lubbock Beautiful Advisory Committee's development and duties. RESOLUTION NO. 2001-RO488 WHEREAS, on March 22, 1990, the City Council of the City of Lubbock passed Resolution No. 3334 authorizing the Keep Lubbock Beautiful Committee as an advisory board of the City; and WHEREAS, on October 23, 1997, the City Council amended the above - described resolution; and WHEREAS, the City Council would like to amend the above -described resolutions in their entirety; and WHEREAS, the City Council of the City of Lubbock desires to further support the philosophy and concept of Keep Lubbock Beautiful, and desires to have expert recommendation upon beautification within the City of Lubbock; and WHEREAS, the City Council believes that such advice may be secured by the creation of a Keep Lubbock Beautiful Committee as an advisory body to the City Council; and WHEREAS, the City Council believes the creation of said Committee will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT there be and is hereby created an advisory committee to be called the Keep Lubbock Beautiful Advisory Committee, which Committee shall serve as an advisory body to the City Council upon matters concerning the beautification of the City. SECTION 2. THAT such Committee shall be composed of fifteen (15) members appointed by the City Council. All appointments shall be for three (3) year terms. SECTION 3. THAT the Committee shall have the following duties: 1) beautification of entrance corridors into the City; 356 Regular City Council Meeting November 15, 2001 Page 357 2) work cooperatively with the State Highway Department on beautification projects pertaining to state and federal highways; 3) encourage citizens to participate in recycling projects; 4) work with downtown businesses to promote beautification in the downtown business district; 5) work cooperatively with other agencies and organizations to reduce waste and litter in the community; 6) encourage and participate in community -wide beautification projects; 7) provide education of litter abatement, recycling, and beautification through schools and community organizations; 8) pursue all available funding sources, i.e., memberships, donations, and grants. SECTION 4. THAT the City Council shall, by resolution, designate such officers of the City as it deems advisable to the ex-officio members of the Committee, without voting privileges and who shall act in an advisory capacity; provided, however, that the Community Development Manger and a person designated by the City Manager shall be included as ex-officio members. SECTION 5. THAT the Committee shall appoint one of its members as chairperson and one of its members as vice chairperson. It shall be the duty of the chairperson to preside at all meetings of the Committee at which he or she is present and the vice chairperson shall preside in the absence of the chairperson. The Community Development Manager may appoint the secretary of the Committee and shall keep permanent records of all proceedings of the Committee, which records shall be delivered to the City Secretary for retention purposes. SECTION 6. THAT the Committee shall meet as needed to consider recommendations to the City Council pertaining to matters of beautification within the City. SECTION 7. THAT any and all recommendations made by the Committee to the City Council shall be made by the concurring vote of a majority of the members of the Committee. A majority of the total membership of the Committee shall constitute a quorum for the transaction of all matters to be considered by the Committee. The Committee is authorized to establish subcommittees for specific functions with a chairperson for each subcommittee. The chair, vice chair, and post chair shall constitute the executive committee of the Committee to transact all routine and emergency business. SECTION 8. THAT upon the death, resignation, removal or expiration of the term of office of any member of the Committee, the City Council shall appoint a successor to the Committee, who shall hold membership on the Committee for the unexpired term of the member he or she is appointed to succeed, or for the period of two (2) years when the appointment is made due to expiration of a member's term. In the event the best interests of the City require the removal of a member of the Committee, removal of such member shall be accomplished by appointment of a successor by the City Council. Passed by the City Council this 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 357 Regular City Council Meeting November 15, 2001 Page 358 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 Keep Lubbock Beautiful (KLB) has given up its non-profit corporation status, and has become an advisory committee for the City Council only. The change in the resolution clarifies this, and removes any reference to the old corporation. It outlines how the new advisory committee will function. KLB will continue to serve as an advisory committee to the City Council, and move forward with its mission to beautify Lubbock. It will still solicit funds and donations for projects, and continue to partner with the private sector to accomplish its goals. Staff recommended approval of this resolution. (16.) Resolution No. 2001-RO489 authorizing the Mayor to execute an industrial tax abatement agreement with Scott Laboratories, Inc. RESOLUTION NO. 2001-RO489 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Scott Laboratories, Inc., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 15th day of November, 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 358 Regular City Council Meeting November 15, 2001 Page 359 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of said Agreement is filed with Resolution No. 2001-R0489. The City of Lubbock received an application for industrial tax abatement from Scott Laboratories, Inc. to build a new research and development facility at 2715 North Loop 289 in the North Enterprise Zone. The project for Scott consists of the construction of a 20,000 square foot single story building for offices and shop space. The expected investment in the facility is $650,000. Scott Laboratories will not increase their employment but will retain the existing 14 jobs. The payroll for the existing jobs is approximately $1 million annually. The project meets the Industrial Tax Abatement Policy and Guidelines minimum of $500,000 investment in real estate improvements for an existing company. Market Lubbock considered this application at its October 10 Board Meeting and have recommended a 5 year, declining scale tax abatement for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100% $3,705 Year 2 80% $2,964 Year 3 60 % $2,223 Year 4 40 % $1, 482 Year 5 20 % $ 741 The estimated total city abatement over the life of the contract is $11,115. The estimated total county abatement over the life of the contract would be $5,813. The project will add $650,000 in new value to the tax base in the North Enterprise Zone. Under the current guidelines, Scott Laboratories, Inc. is eligible and meets all the criteria for tax abatement. The City Council approved the Notice of Intent to enter into a tax abatement agreement at their November 8, 2001 City Council meeting Staff recommended approval of this resolution. (17.) Resolution No. 2001-R0490 authorizing the Mayor to execute an agreement between the City of Lubbock and Texas Tech University terminating an agreement for fire station construction on the Texas Tech campus. 359 Regular City Council Meeting November 15, 2001 Page 360 RESOLUTION NO. 2001-R0490 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 Termination of Lease Agreement between the City of Lubbock and Texas Tech University and Texas Tech University Health Sciences Center, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of said Agreement is filed with Resolution No. 2001-R0490. In June of 1998, the City and Texas Tech University entered into a lease agreement for property on the Tech campus to be used as a fire station by the City. Since that time, the exact location of the property has been changed several times. A joint decision has been reached by all parties that it would be in the best interest of all to terminate the lease agreement at this time. Staff recommended approval of this resolution. (18.) Resolution No. 2001-R0491/BID 048-OINK-for Annexation Sanitary Sewer System (Water Utilities). RESOLUTION NO.2001-R0491 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 an annexation sanitary sewer system, BID #048-01/VK, by and between the City of Lubbock and Utility Contractors of America, Inc. of Wolfforth, 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. 360 Regular City Council Meeting November 15, 2001 Page 361 Passed by the City Council this 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Becky Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Wiliam de Haas William de Haas, Contract Manager/Attorney A copy of said Contract is filed with Resolution No. 2001-R0491. This project involves material, installation, supervision, and other services as required to install sanitary sewer lines in the annexed area. This project will meet the Council's commitment to install major sanitary sewer trunk mains in the annexed area by July 2003. There are two phases of this project. Phase One begins at 98`' and Iola Avenue and extends west along 98" Street to Milwaukee Avenue. It then proceeds north along Milwaukee Avenue to just north of the Brownfield Highway. There are four bid options for Phase One. These options are to get service nearer to planned or actual development along the proposed route. Phase Two provides service to the existing Lakeview Estates subdivision between Indiana and Memphis from 107`'' to 110`h Streets. It also provides service to SunCrest subdivision that is being built west of Quaker from 107`' to 110`' Streets. It connects to the existing City of Lubbock sanitary sewer system and 98`' and Miami. It proceeds south along Miami to approximately 106`' Street where it splits in two directions to provide service to Lakeview Estates and SunCrest Addition. Phase One has about 16,500 feet of 36-inch pipe and 18 manholes. The bid options include approximately 8,400 feet of pipe that varies in diameter from 6 to 21 inches and 14 manholes. Phase Two has over 16,600 feet of pipe that varies in diameter from 6 to 30 inches and has 30 manholes. The cost estimate to construct Phases One and Two was $5.5 million. On November 6, the City of Lubbock Purchasing Manager opened 14 bids. The City received three bids for the installation -and -materials (turn -key) base bid, one bid for the installation -only alternate bid for Phase 1 only, and 10 bids for the materials -only alternate bid. The low all -or -none turn -key bid for Phases 1 and 2 compares favorably with the combined installation -only and material -only bids for Phase 1 and the turn -key bid for Phase 2: 361 Regular City Council Meeting November 15, 2001 Page 362 Phase 1: Installation Only Material Only Total Phase 2: Turn -key Total Lows Total Turn -key Phases 1&2 $2,489,294.10 674,230.00 $3,163,524.10 $1,293 , 963.85 $4,457,487.95 $4,136,593.35 The total low turn -key bid for Phases 1 and 2, including all bid options, is $4,136,593.35 from Utility Contractors of America of Wolfforth, Texas and is within the Annexation Sewer System Improvements budget. Time for completion is 365 calendar days. (19.) Resolution No. 2001-R0492; Resolution No. 2001-R0493/BID #229- 01/RS for Truck Cab & Chassis & Dump Body (Fleet Services). RESOLUTION NO. 2001-RO492 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 #229-01/RS for a truck cab & chassis & dump body, by and between the City of Lubbock and Shamrock Chevrolet of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0492. 362 Regular City Council Meeting November 15, 2001 Page 363 RESOLUTION NO. 2001-RO493 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 #229-01/RS for a truck cab & chassis & dump body, by and between the City of Lubbock and Volvo Trucks of Fort Worth, 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 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebeccca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0493. This bid is for the purchase and annual replacement of truck cab and chassis and dump body equipment for pipeline maintenance and street cleaning. The low bids are from the following companies: Shamrock Chevrolet of Lubbock, Texas $141,966 Volvo Trucks of Fort Worth of Fort Worth, Texas $10,919 The low bids are within the Equipment Capital Outlay -Heavy Moveable Equipment budget. (20•) Resolution No. 2001-R0494; Resolution No. 2001-R0495/BID #234- 01/RS —for Refuse Collection Trucks (Fleet Services). RESOLUTION NO. 2001-RO494 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 #234-01/RS for truck refuse collection trucks, by and between the City of Lubbock and West Texas Truck Center of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 363 Regular City Council Meeting November 15, 2001 Page 364 Passed by the City Council this 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0494. RESOLUTION NO. 2001-RO495 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock Lubbo k, a Purchase Order per ITB directed to execute for and on behalf of the City of #234-01/RS for truck refuse collection trucks, by and between the City of Lubbock and Order Young's Truck Center of Lubbock, Texas, and relatedsd documents. forth Said h rcheinase shall is attached hereto and incorporated in this resolution y setbe included in the minutes of the City Council. Passed by the City Council this 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0495. 364 Regular City Council Meeting November 15, 2001 Page 365 This bid is for the purchase and annual replacement of refuse collection trucks. The low bids are from the following companies: Young's Truck Center of Lubbock, Texas $458,948.00 West Texas Truck Center of Lubbock, Texas $588,322.96 The low bids are within the respective Equipment Capital Outlay -Heavy Moveable Equipment budgets. (21.) Resolution No. 2001-R0496/BID #236-01/RS —for Self -Contained Diesel Engine Street Sweeper (Fleet Services). This bid is for the purchase and replacement of a street sweeper. The low bid is $131,898 from Tejas Municipal Supply & Manufacturing of Houston, Texas and is within the Equipment Capital Outlay -Heavy Moveable Equipment budget. (22.) Resolution No. 2001-R0497; Resolution No. 2001-R0498/RFQ #278- 01/RS —for Land Application Site Remediation Well Distribution System (Water Engineering). RESOLUTION NO. 2001-RO497 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 RFQ #278-01/RS for a land application site remediation well distribution system, by and between the City of Lubbock and Western Industrial 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 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0497. 365 Regular City Council Meeting November 15, 2001 Page 366 �6Y�ll814[$101, �IZIjD'.iIZ ' 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 RFQ #278-01/RS for a land application site remediation well distribution system, by and between the City of Lubbock and Waterworks Sales Company 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 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0498. This bid is for the emergency purchase of materials for the distribution line to service eight remediation wells at the Lubbock Land Application Site (LLAS). The remediation will help achieve Texas Natural Resource Conservation Commission (TNRCC) compliance. The Ogallala Aquifer under the LLAS has exceeded, in certain areas, safe drinking water standards. City personnel will construct and install a distribution system in efforts to comply with the TNRCC regulations. Materials to be purchased include PVC pipe ranging in size from 6" to 16", the fittings required, and various supplies to complete the connection to the remediation wells. The low bids are from the following companies: Western Industrial of Lubbock, Texas $46,913.01 Waterworks Sales Company of Lubbock, Texas $7,739.32 The low bids are within the System Capital Outlay -Long Term Remediation 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. 366 Regular City Council Meeting November 15, 2001 Page 367 ORDINANCES FOR PASSAGE (23.) Ordinance #2001-00084-Abandoning and closing a portion of 14`h Street between Block 147 and Block 163, Original Town Addition to the City of Lubbock (1214 14`h Street) (second and final reading). ORDINANCE NO. 2001-0084 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 14TH STREET LOCATED ADJACENT TO BLOCK 147 AND BLOCK 163 ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance was read for the first time at the September 28, 2001 City Council meeting with the reservation that the two parties involved come into agreement as to how the street area should be closed. The two parties have come into agreement with the planned street closure development, parking plan, and letter of agreement attached to this ordinance as exhibits "A", "B", and "C". The area being closed has been adjusted with 7,789-square feet being closed. The charge for this street area being closed will be adjusted to a figure due the City of $11,683.50. Ed Bucy, Right -of -Way Agent, spoke for the staff. Staff recommended approval of the second reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on second reading Ordinance No. 2000-00084 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PUBLIC HEARINGS Special (24.) Ordinance No. 2001-00091- Hold a public hearing to consider an ordinance designating and describing the boundaries of a Tax Increment Financing Reinvestment Zone for the Central Business District of Lubbock, Texas; establishing the duration of the zone; establishing a tax increment fund; and establishing a board of directors for the tax increment financing reinvestment zone (first reading). ORDINANCE NO. 2001-00091 AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE CENTRAL BUSINESS DISTRICT OF LUBBOCK, TEXAS; ESTABLISHING THE DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; AND ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT FINANCING REINVESTMENT ZONE. Mayor Sitton opened the public hearing at 11:00 a.m. Jim Bertram appeared on behalf of CenterCorp. No one appeared in opposition. Mayor Sitton closed the hearing at 11:14 a.m. Craig Farmer, Managing Director of Planning, and Larry Cline of Schrader and Cline, the City's TIF consultants, presented the results of the study conducted for a Central Business District Tax Increment 367 Regular City Council Meeting November 15, 2001 Page 368 Finance District. The Council was briefed on the proposed TIF at the September 13 work session, and authorized the staff to proceed with the TIF study at that time. According to Texas Tax Code Section 311, the City Council must hold a public hearing before considering an ordinance to establish a Tax Increment Finance District (TIF) for the Lubbock Central Business District. Any interested party is permitted to speak at the public hearing, and staff anticipated that representatives from CenterCorp and other organizations will appear on behalf of this ordinance. Under the provisions of the Texas Tax Code Section 311.005, the City Council may, by Ordinance, designate a contiguous area within the city as a reinvestment zone for tax increment financing purposes. Mandatory provisions of the ordinance must include the following, which are addressed in the body of the ordinance: a. A finding that development of the area would not occur in the foreseeable future solely through private investment. b. A description of the boundaries of the zone with sufficient detail to identify the territory within the zone. The ordinance does not, however, have to identify specific parcels of real property. A written boundary description and a map of the district are included in the ordinance. C. A designation of the board of directors for the zone and an indication of the number of directors of the board. Staff is proposing a 9-member board, consisting of 4 representatives of other taxing jurisdictions and 5 members to be appointed by the City Council after the second reading of this ordinance (December 3, 2001). TIF Board representatives must be qualified voters of the municipality; or at least 18 years of age and owners of real property in the TIF zone. Council should also appoint a chairman for the balance of 2001 and calendar year 2002. d. A provision that the zone will take effect on January 1, 2001, the year in which the ordinance is adopted. e. An indication of the date for termination of the zone. Staff are proposing a 20-year duration of the district, so the expiration date will be December 31, 2020. f. The name of the zone, which will be Central Business District Tax Increment Financing Investment Zone, as provided under Tax Code Section 311.004(5) g. A provision establishing a tax increment fund for the zone. h. Findings that the improvements within the zone will significantly enhance the value of the taxable property within the zone and will be of general benefit to the city and that the area meets the criteria for designation of a reinvestment zone under the Tax Code Section 311.005. As required by statute, staff has also briefed each of the governing bodies of the taxing jurisdictions about this proposal. These jurisdictions are Lubbock County, Lubbock Independent School District, Lubbock County Hospital District and the High Plains Underground Water • Regular City Council Meeting November 15, 2001 Page 369 Conservation District. Additionally, CenterCorp, Market Lubbock, Inc., and the Lubbock Chamber of Commerce have heard presentations and passed resolutions in favor of the TIF proposal. These resolutions are attached. Two additional meetings have been held with representatives of the other jurisdictions levying taxes in this area. At these meetings, the project plan, district boundaries, and feasibility analysis and financing plan that are included in the ordinance you are considering have been reviewed and analyzed. The committee concurs with the recommendation that the TIF Reinvestment Zone should be established as proposed in this ordinance. After the TIF is established, staff will negotiate agreements between the City and the other jurisdictions that levy taxes in the zone. Among other items, the agreements will set the percentage of participation in the TIF by those jurisdictions. With the concurrence of the representatives of the other jurisdictions levying taxes within the proposed zone, staff recommended creation of the TIF district as outlined in the ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00091 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Hernandez and McDougal recused themselves. Next item to be considered was Item No. 26. Zoning (25.) Ordinance No. 2001-00092 - Hold a public hearing to consider an ordinance amending Chapter 29 of the Code of Ordinances of the City of Lubbock, Texas, amending the zoning code to add a new definition and standards for "sports grill" (first reading). This item was considered following Item No. 26. ORDINANCE NO. 2001-00092 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-3 ENTITLED "DEFINITIONS" BY ADDING SECTION 29-3(106c) DEFINING SPORTS GRILL; BY AMENDING SECTION 29-17(c) TO PERMIT SPORTS GRILLS IN THE C-2 ZONING DISTRICT; BY AMENDING SECTION 29-17(L)(1) REGARDING OFF-STREET PARKING FOR SPORTS GRILLS; BY AMENDING SECTION 29-30(b)(3) TO REQUIRE A ZONING CERTIFICATE FOR SPORTS GRILLS; AND BY AMENDING SECTION 29- 28(f)(2) ALLOWING THE ZBA TO AUTHORIZE SPECIAL EXCEPTIONS FOR PUBLIC DANCING IN SPORTS GRILLS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:17 a. in. David Cea, local restaurateur appeared in favor of amending the ordinance. No one appeared in opposition. Mayor Sitton closed the hearing at 11:20 a.m. Adoption of the smoking ordinance requires creation of a new definition of the "sports grill". The "sports grill" was proposed by staff to the Smoking Committee to create a new definition for eating and drinking 369 Regular City Council Meeting November 15, 2001 Page 370 establishments with an adult atmosphere, similar to bars, without the need to request C-4 zoning. The proposed ordinance, recommended by the Planning Commission, represents a consensus between two groups concerned about the smoking issue. The staff is highly appreciative for the efforts of Dr. Donna Bacchi and Lloyd Turner (and others who met with them) for assistance during the drafting of the proposed ordinance. The establishments will be a permitted use in the C-2 District (which will then include C-3, C-4, Interstate and industrial). The City Council and staff are committed to creation of a definition which will not provide a "loophole" to restaurants not wanting to comply with the smoking ordinance. On the other hand, too many criteria could result in enforcement or business operational problems for the sports grills. In terms of process, the Planning staff will create a new certificate for sports grill, similar to those staff now have for restaurant and bar. Review of the business for eligibility will include a comprehensive evaluation of the criteria, not just one item at a time. A difference of opinion of whether a business meets the definition of a permitted use in a particular zoning district is common in discussion between the staff and future business operators. For concerns about the "subjective" requirements for the sports grill, very few other permitted uses in the Code have a list of criteria as extensive as proposed for sports grills. The Zoning Board of Adjustment is the arbiter of any unresolved dispute between a citizen and a city administrative decision about interpretation of the Zoning Code. Lubbock has 10- 20 business locations that may already or will meet the proposed definition with modest changes. The primary objective for the creation of the new permitted use is to bring the zoning code into line with a style of business already in place without creation of the "loophole" discussed above. In addition, some businesses may choose to change the format of the operation to meet the new definition. With a focus on meeting the definition in spirit and letter, together with market demands for only so many "sports grills", the situation will take a short while to come to equilibrium. Not to be lost in the discussion, restaurants that choose to allow smoking will be able to meet that demand with a new set of criteria for separation and ventilation. Highlights of the proposed definition: "sports grill - with or without game machines or pool tables": • A game room permit shall not be required, but is available. • The decor and atmosphere of the facility shall have a sports theme, and continuous telecast live or replayed sports events shall be provided on giant screen television (43 inch diagonal or larger) (one per each 5,000 square feet of gross area or portion thereof) and one 25 inch diagonal or larger television per each 1,000 gross square feet or portion thereof in the facility. • The facility shall provide food from a full service menu and operate a kitchen as described at 29-3(97.1), except that the closing hour may be 10 p.m. 370 Regular City Council Meeting November 15, 2001 Page 371 • All attractions (entertainment) and activities (games, sports events on display) shall not be oriented toward minors. Any facility having any attraction, activity, event or menu oriented toward minors shall not be eligible to operate as a sports grill. • If the term "bar" is used within the name of the business, the term "grill" shall appear before the term "bar" (as in "grille and bar"). (The proposed ordinance allows current location signage for businesses in existence before July 1, 2001 to become nonconforming) . • Public dancing shall be allowed on premises only upon the granting of a special exception by the Zoning Board of Adjustment as provided in this Code. • Parking shall be 1:50 for freestanding locations or the operator of a shopping center location shall provide a commitment of 1:50. Currently, bars, game rooms and dancehalls must meet this ratio. Restaurants with an alcoholic beverage permit require a 1:75 ratio. Because of the intensity of parking at peak hours, the staff is recommending the 1:50. The proposed ordinance "grandfathers" businesses existing before July 1, 2001 that are landlocked to prevent unneeded ZBA requests. Staff recommended approval of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00092 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 28. DEVELOPMENT SERVICES (26.) Resolution No. 2001-RO499 allocating 1999 bond funds to the North University TEA-21 Enhancement Program. RESOLUTION NO. 2001-R499 WHEREAS, the City of Lubbock deems it to be in the best interest of the citizens of Lubbock to allocate an additional amount from the 1999 street improvement bond fund designated for federal and state project matching funds for the North University Avenue TEA-21 Enhancement Program; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT an additional $401,931 of 1999 street improvement bond funds designated for federal and state project matching funds be allocated to the North University Avenue TEA-21 Enhancement Program. Passed by the City Council this 15th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 371 Regular City Council Meeting November 15, 2001 Page 372 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 This item was considered following Item No. 24. Staff received informal word that neither of our proposed enhancement projects made the "first cut" for TxDOT funding. On November 29, 2001, the TxDOT Commissioners will hear brief requests for funding out of approximately $60 million not yet designated for projects. Staff believes the only viable way to improve our chances for TxDOT funding of the North University Project (map attached) is to increase the City's local match. The City's match is currently $598,069 and staff recommended increasing the City's commitment by $401,931 for a total of $1 million, bringing the City's share of the $2,990,346 project to 33 percent. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to pass Resolution No. 2000-RO499 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. — Next item to be considered was Item No. 25. PUBLIC SAFETY (27.) Ordinance No. 2001-0 amending Chapter 16 of the Code of Ordinances of the City of Lubbock, Texas, by creating a new Article XIV with regard to providing for the operation of motor vehicle escort services within the City of Lubbock. This item was deleted. BOARD APPOINTMENTS (28.) Consider one appointment to Market Lubbock Inc. Board of Directors. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Charley Trimble to Market Lubbock Inc. Board of Directors. Motion carried: 7 Yeas, 0 Nays. 11:24 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson moved to adjourn. At that time, Mayor Sitton adjourned the meeting. 372 Regular City Council Meeting November 15, 2001 Page 373 Read and approved this day of 2001. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: Rebec Garza, City Secretary 373